[ 91 ] Statutes im possible to are of no validity. up the hands of succeeding legislatures. When you repeal the law itself," says he, "you at the same time repeal "the prohibitory clause which guards against such repeal."k 66 10. Lastly, acts of parliament that are impossible to be beperformed performed are of no validity: and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void. I lay down the rule with these restrictions; though I know it is generally laid down more largely; that acts of parliament contrary to reason are void. But if the parliament will positively enact a thing to be done which is unreasonable, I know of no power in the ordinary forms of the constitution, that is vested with authority to control it: and the examples usually alleged in support of this sense of the rule do none of them prove, that, where the main object of a statute is unreasonable, the judges are at liberty to reject it; for that were to set the judicial power above that of the legislature, which would be subversive of all government. But where some collateral matter arises out of the general words, and happens to be unreasonable; there the judges are in decency to conclude that this consequence was not foreseen by the parliament, and therefore they are at liberty to expound the statute by equity, and only quoad hoc disregard it. Thus if an act of parliament gives a man power to try all causes, that arise within his manor of Dale; yet, if a cause should arise in which he himself is party, the act is construed not to extend to that, because it is unreasonable that any man should determine his own quarrel.m But, if we could conceive it possible for the parliament to enact, that he should try as well his own causes as those of other persons, there is no court that has power to defeat the intent of the legislature, when couched in such evident and express words, as leave no doubt whether it was the intent of the legislature or no. Cum lex abrogatur, illud ipsum abrogatur, quo non eam abrogari oporteat. l. 3. ep. 23. 1 Day v. Savadge, Hob. 87. Fonbl. on Eq. 26. And see ante, p. 33. m 8 Rep. 118. [92] Power of courts of construe These are the several grounds of the laws of England: over and above which, equity is also frequently called in to assist, to moderate, and to explain them. What equity is, and how impossible in its very essence to be reduced to stated rules, hath been shewn in the preceding section. I equity to shall therefore only add, that (besides the liberality of sen- statutes. timent with which our common law judges interpret acts of parliament, and such rules of the unwritten law as are not of a positive kind) there are also peculiar courts of equity established for the benefit of the subject; to detect latent frauds and concealments, which the process of the courts of law is not adapted to reach; to enforce the execution of such matters of trust and confidence, as are binding in conscience, though not cognizable in a court of law; to deliver from such dangers as are owing to misfortune or oversight; and to give a more specific relief, and more adapted to the circumstances of the case, than can always be obtained by the generality of the rules of the positive or common law. This is the business of our courts of equity, which however are only conversant in matters of property. For the freedom of our constitution will not permit, that in criminal cases a power should be lodged in any judge, to construe the law otherwise than according to the letter. This caution, while it admirably protects the public liberty, can never bear hard upon individuals. A man cannot suffer more punishment than the law assigns, but he may suffer less. The laws cannot be strained by partiality to inflict a penalty beyond what the letter will warrant; but, in cases where the letter induces any apparent hardship, the crown has the power to pardon. tion of the recommend I cannot finish this general account of the statute law Consolidawithout observing, that the most eminent jurists who have statute law flourished in this country during the last three centuries ed. have recommended the revision and consolidation of this branch of the law. The number of public statutes now in force, together with many expired and repealed statutes and enactments at present printed in the collections in common use, occupy more than thirty closely-printed quarto volumes, containing from 600 to 1200 pages each, and cost ing a large sum of money. It is heartily to be desired that some steps may be taken to place the statute law in a more accessible form, and generally to simplify and consolidate its enactments.b b See the report of the Criminal Law Committee, in which a consolidation is strongly recommended, and much information collected on the subject. They came to the conclusion that a revision and alteration of the statute law, founded on the principle of mere reduction and expurgation, would be advantageous and perfectly safe. SECTION THE FOURTH. OF THE COUNTRIES SUBJECT TO THE LAWS England [93] The kingdom of England, over which our municipal Kingdom of laws have jurisdiction, includes not, by the common law, what it is in either Wales, Scotland, or Ireland, or any other part of the strictness. king's dominions, except the territory of England only. And yet the civil laws and local customs of this territory do now obtain, in part or in all, with more or less restrictions, in these and many other adjacent countries; of which it will be proper first to take a review, before we consider the kingdom of England itself, the original and proper subject of these laws. Wales had continued independent of England, uncon- Wales. quered and uncultivated, in the primitive pastoral state which Cæsar and Tacitus ascribe to Britain in general, for many centuries; even from the time of the hostile invasions of the Saxons, when the ancient and christian inhabitants of the island retired to those natural intrenchments, for protection from their pagan visitants. But when these invaders themselves were converted to christianity, and settled into regular and potent governments, this retreat of the ancient Britons grew every day narrower; they were over-run by little and little, gradually driven from one fastness to another, and by repeated losses abridged of their wild independence. Very early in our history we find their princes doing homage to the crown of England,a till at length in the reign of However it is not quite certain hat this was so. See Barrington on the stat. 74. Rex v. Cowle, 2 Burr. by Edward the First, Conquered Edward the first, who may justly be styled the conqueror of Wales, the line of their ancient princes was abolished, and [94] the king of England's eldest son became their titular prince; the territory of Wales being then entirely re-annexed (by a ritory re-an- kind of feodal resumption) to the dominion of the crown of England; or, as the statute of Wales expresses it,d" terra "Walliæ cum incolis suis, prius regi jure feodali subjecta, and the ter nexed to the crown 66 66 (of which homage was the sign) jam in proprietatis domi"nium totaliter et cum integritate conversa est, et coronæ regni Angliæ tanquam pars corporis ejusdem annexa et "unita." By the same statute very material alterations were made in divers parts of their laws, so as to reduce them nearer to the English standard, especially in the forms of their judicial proceedings: but they still retained very much of their original polity; particularly their rule of inheritance, viz. that their lands were divided equally among all the issue male, and did not descend to the eldest son alone. By other subsequent statutes their provincial immunities were still farther abridged: but the finishing stroke to their independency was given by the statute 27 Hen. VIII. c. 26, c. 26. Wales which at the same time gave the utmost advancement to a communi- their civil prosperity, by admitting them to a thorough communication of laws with the subjects of England. Thus of England. were this brave people gradually conquered into the enjoyment of true liberty; being insensibly put upon the same footing, and made fellow-citizens with their conquerors. A generous method of triumph, which the republic of Rome. practised with great success; till she reduced all Italy to her obedience, by admitting the vanquished states to partake of the Roman privileges. by the 27 Hen.VIII. admitted to cation of laws with the subjects Enactments of that statute. It is enacted by this statute 27 Hen. VIII, 1. That the dominion of Wales shall be for ever united to the kingdom of England. 2. That all Welshmen born shall have the same liberties as other the king's subjects. 3. That lands in Wales shall be inheritable according to the English tenures and rules of descent. 4. That the laws of England, and no other, shall [95] be used in Wales; besides many other regulations of the |