their subsequent alteration can ever arise, and they remain historically unchangeable. That the union of countries concludes, in point of time, the question of their common limit, is little more than a truism, and applies as well to Wales as to the Anglo-Saxon states; for this comprehension of the former in the united Realm of England and Wales is strictly analogous to the earlier comprehension of the latter in the Realm of England. The extent of Wales, equally with that of Wessex or of Mercia, can only be discussed in reference to the period of its separate existence.
The second measure of the Act reduced the Marches to shire-ground; in other words, completed the shire-distribution of the united Realm of England and Wales, which thenceforth has consisted of fifty-two shires. With some trifling exceptions, the Lordships in the March of England were joined to English shires, and of those in the March of Wales some were joined to ancient Welch shires, and the remainder allotted into five new shires. Thenceforth accordingly the shires of Wales were reckoned thirteen in number.[1] The territory comprised in them is nearly identical with the country according to its ancient limit; which, however, being anterior to, should be considered irrespective of, its shire-distribution.
Thus Wales and the Marches became historical expressions. The laws founded on the political position of the former as external to England, and of the latter as external to the shires, became practically obsolete. This consequence of the Act, in reference to the local administration of criminal justice implied in shire-government, drew an earnest remonstrance from the then Lord President of Wales, who regarded the Welch as yet unfit to enjoy this privilege.[2]
The Legislature aimed at carrying out the third measure by a general extension of English laws to Wales, excepting, however, the rights of the Lords Marchers so far as they were compatible with the King's dominion and jurisdiction, together with certain local customs. But it was in the nature of the case that the full application of this general rule would long be delayed by national attachment to ancient laws, and by the power of vested and expectant interests; and that it was in fact so delayed is evident from many later enactments. The exceptions in favour of the Lords Marchers are probably due, not only to their great territorial influence, but also to the presence of many of them in the Parliament itself.
- ↑ H. Lhuyd, Brit. Descr. Fragment. (1568); "Breviary of Britain" (being a translation of the above) (pr. 1573); Price's Descr. of Wales, augm. by H. L., pr. in Wynne's Hist. of Wales (1774); Camden's Britannia (1586); Churchyard's Worthiness of Wales (1587); Dodridge's Hist. of Wales (1603, pr. 1630); H. of Commons' Journals, ii. 57 (1640).
- ↑ State Papers, Hen. VIII. i. p. 454, part ii. let. xliii. Roland Lee to Cromwell, 12 March, 1536.
