CHAPTER IV

RELIGION, LAW, ETC.

Legends have accumulated freely about the early history of

Christianity in Britain. According to one tradition St. Paul himself

visited the island. According to another tradition Joseph of

Arimathea was the first to bring the glad tidings, as the beautiful

ruins of the chapel dedicated to his memory at Glastonbury testify.

A third legend tells how Bran, the father of Caratacus, accompanied

his captive son to Rome, became a convert to Christianity, then

returned to his native land as a missionary, to become known ever

after as Bran the Blessed. All, however, that we can say with

certainty is that Christianity had made good progress in Britain many

years before its adoption as the official religion of the Roman

Empire early in the fourth century. We have some detailed

information, which is probably authentic, about the lives of the

first British martyrs Alban, Aaron, and Julius; {41} and we know that

there were British bishops present at the Council of Arles in the

year 314. The earliest Christian building that has been discovered

is the one at Silchester. Of the progress of the new religion in

Wales one must speak with greater caution. Wales had been the last

home of the Druids, and the people clung long to their old mythology.

Centuries even after the adoption of Christianity the old

deities--Llud, Merlin, Ceridwen, Coil, Olwen--shared in popular

estimation the fame of the newer saints of the Christian calendar.

It is also well known that the Roman soldiers were the men who clung

longest to the ancient paganism; and it was by the soldier, rather

than by the civil servant or the trader, that the Empire was

represented in Wales. We should probably be fairly near the mark if

we said that there were no Christian churches in Wales prior to the

fifth century.

When Christianity did arrive in Wales it came in the form of

monasticism. This was not the type of monasticism which became so

famous afterwards under the name Benedictinism. Its pattern was not

found at Monte Cassino but in the Egyptian desert, where abbots ruled

over a number of associated, but otherwise independent, cells. From

Egypt {42} the fashion had travelled to St. Honorat, one of the

beautiful isles of Lérins off the French coast, now a favourite

resort of visitors from Cannes. There the great St. Patrick himself

lived for a time; and a painting on the walls of the monastic

refectory commemorates his expulsion of all venomous reptiles from

the island. From Lérins the new ideal spread to Arles and the cities

of Provence; then up the Rhone valley and to Tours, where it received

a warm welcome from St. Martin. It then came to Britain where it

struck root and, in the course of the succeeding two centuries,

produced a large number of saints, the most celebrated of whom were

David, Patrick, and Columba. That the British Church was full of

vigour is proved by the rise of Pelagius at the beginning of the

fifth century, and the heresy associated with his name; for the

presence of heretics in a Church always indicates life, just as

orthodoxy indicates apathy and indifference. So firm a hold did this

type of Christian life lay upon the Celtic people of the British

Isles that, despite the pressure of the Roman Church, it lingered on

well into the twelfth century.

This early Celtic Christianity was, in many respects, an exceedingly

beautiful thing. Never {43} has the world beheld more perfect

missionaries than the spiritual and tender-hearted preachers who took

the Gospel across stormy seas, amid countless perils, to Britain,

Ireland, Scotland, parts of Germany, and even distant Iceland. To

Christians of the West, Iona ought surely to be a spot scarcely less

sacred than Rome itself. But little priestly pomp pertained to these

early preachers; gentleness, simplicity, and faith were their most

pronounced qualities. Their meekness overcame every obstacle, from

the ferocity of wild beasts to the more dangerous ferocity of savage

men. They knew little or nothing about rules and discipline, and

there is hardly a trace of Latin order and love of law perceptible in

their genius. As saints they were superb; but their churchmanship

was indifferent. It was the Roman and the Teuton who built the

splendid edifice of the mediæval Catholic Church. The Christian

communities of the Celts were too mystical and too spiritual to

attempt to compress the Almighty into human formulas; they could

produce holy men, and they could produce heretics, but defenders of

the Faith they could not produce. To appreciate the immense

difference it is only necessary to contrast the generous and genial

character of Columba {44} with that of the hard, grasping, and narrow

Augustine! From the year 664, when the famous Synod of Whitby met,

the Celtic Church in Wales and the Roman Church in England each went

its own way, until the sword of the Norman accomplished that which

the eloquence of Augustine had failed to do, and the two Churches

were merged into one. It is unfortunate that our knowledge of the

famous Celtic Christians of the fifth century is so scanty. It was

eminently an age of saints--Dewi, Cybi, Padarn, Illtud, Dyfrig,

Cadog--and a host of others whose names have been perpetuated in

hundreds of churches up and down the countryside. In the Celtic

schools, too, were found scholars who represented the very flower of

the culture of the period, far finer than anything that the England

of the day could show.

When we turn from the political annals of Wales to such topics as

legal and social institutions we find that materials for forming a

conception of what life was then like are fairly abundant. By far

the most important source is the so-called Laws of Howel Dda.

Historians have now long been convinced of the importance of the

study of legal institutions, and of the assistance which such study

{45} affords to the student of ordinary social history. There have

been illustrious pioneers in the field, like Maine, Seebohm,

Maitland, Pollock, and Vinogradoff. Codes of law, from India to

Ireland, have been carefully analysed and compared, and from them

decayed and vanished civilizations have been reconstructed.

We find that, from the sixth century to the tenth, most of the rulers

of western Europe were busy codifying the laws of the people over

whom they ruled. For the greater part their work consisted of

codifying in the strict sense of the word; that is to say, the

collecting together of existing customs, and the setting of them

forth clearly and dogmatically, with but a small infusion of new

matter. Law was deemed to be something already in existence,

something to be ascertained rather than something to be created.

This theory is the foundation upon which the whole subsequent legal

development of England was based. Judges exist to ascertain the law;

and it is only indirectly, and often by means of convenient fictions,

that they make new law. It is in this sense that the pre-Norman

rulers of France, England, and Wales are law-makers. In Wales the

work of codification was performed by Howel Dda, a prince who ruled

in Dyfed, {46} as we have already seen, during the troubled period of

Danish invaders. The fashion of code-making had already been set.

The first conspicuous example of it was the codification of the

Frankish laws by Charlemagne. But long before his time there had

been Anglo-Saxon codes. Thus in 596 Æthelbert had codified the laws

of Kent. Sometime between 688 and 725 Ine had codified those of the

West Saxons. Then came the last and the greatest of the English

pre-Norman codifiers, King Cnut. As to how far foreign influences

played a part in the formation of these English and Welsh codes,

scholars are divided in opinion. The great Corpus Juris of Justinian

had been given to the world before the earliest of the British or

English codes; and long before Justinian's day there prevailed,

throughout the Roman Empire, an admirably ordered system of

jurisprudence. This system must have prevailed in Britain during the

period of Roman occupation; and it could not possibly have failed to

influence for all time the minds of the people by familiarising them

with certain legal conceptions. Furthermore ecclesiastical

influences were powerful. The Church had its Canon Law, the peculiar

Law of a society far more civilized than the world {47} around it;

and consciously or unconsciously the princes who designed the secular

codes must have learned much from it.

Doubt has been thrown upon the truth of the tradition which tells of

the making of the laws of Howel Dda; but here historical scepticism

seems to have overrun its legitimate limits. As we have already

seen, codification was the fashion of the times; and there is no

inherent improbability in Howel's having done precisely what all his

royal contemporaries were doing. A century ago Welsh historians were

credulous almost to the point of imbecility. They belonged to the

pre-critical days of historical writing, above which only a towering

genius like Gibbon could rise. Then arose the great reaction, and it

became the fashion to doubt almost everything, and especially

anything that was picturesque and intimate in the records of the

past. Even the existence of such undoubtedly historical characters

as Saint David and King Arthur was disbelieved by these over-zealous

critics. At last, however, the pendulum, after swinging so violently

from one side to the other, is beginning to right itself; and the

result is that we are coming to accept as true, or at least as

possibly true, much that had been {48} rejected and derided by the

last generation of scholars.

The story goes that Howel, a somewhat feeble prince reigning with his

brothers in Dyfed, and sorely distressed by the invasions of the

Danes, began to turn his mind to the peaceful pursuit of the jurist.

He summoned four men from each _cantref_ in his dominions to meet at

the Tŷ Gwyn (White House) on the river Taf in

Carmarthenshire. There, as the fruit of their deliberations, was

drawn up what is known in Welsh as "Hên Lyfr y Tygwyn" (The old Book

of the White House). The manuscript itself as written by Archdeacon

Blegwryd has not come down to us. For our knowledge of its contents

we are dependent upon copies of a much later date, agreeing in

substance though differing in many details; and containing, no doubt,

the accretions of later times. The "Old Book" is divisible into

three parts--the Venedotian Code, the Demetian Code, and the Gwentian

Code--each part representing the customary law which prevailed in a

particular part of Wales. It is probable that the laws were

originally written in Latin, for the Archdeacon was the most famous

scholar of his day in all Wales. The tradition that the new code was

taken to Rome, {49} and submitted to the Pope for his approval, can

scarcely be true, as the chronological difficulties in the way of its

acceptance are well-nigh insuperable. Howel probably did pay a visit

to Rome; but the visit must have been anterior to the historic

meeting at the Tygwyn. The society which we see depicted in the

codes is still tribal, that is to say its whole foundation, the

status of individuals as well as all the rights of property, was

based upon blood relationship. The feudal system, in the perfected

form which we associate with the Normans in the early Middle Ages,

did not exist in Wales; but some of the principles of feudalism were

undoubtedly there. Perhaps the most important characteristic of the

feudal system is the supremacy of the monarch, and the dependence

upon him of a long chain of persons, all differing in status, and

each dependent upon the one above him. This we find in Wales. There

were princes reigning in the various divisions of the country, each

of them, to all intents and purposes, independent of all the others.

But they all acknowledged the overlordship of the King of Gwynedd;

while he, in turn, acknowledged the overlordship of the King of

England. Much as this state of things {50} conflicts with modern

political notions, there was nothing curious about it in times when

every crowned head in Europe acknowledged the spiritual headship of

the Pope and the secular headship of the Emperor.

By the time we are dealing with the country enclosed by the sea, the

estuaries of the Dee and Severn, and by Offa's Dyke, had come to be

known as Cymru, the name which it has borne among Welshmen ever

since. The land was divided into districts called _cantrefs_ and

_cymwds_, the boundaries of which had long been fixed. Of these two

divisions the _cymwd_ is by far the more important; for it was the

real unit of organization and local government. The _cantref_ was

probably an area over which an _Arglwydd_ (Lord) ruled. This Lord

was appointed by the King. Occasionally we find several _cantrefs_

ruled by the same Lord, who then assumes the more high-sounding title

of _Tywysog_ (Prince); and sometimes even _Brenin_ (King). Within

the _cantref_ would be two or more _cymwds_, in each of which would

be certain officials appointed by the lord of the _cantref_. These

officials were in charge of the various governmental functions; and

the most important of them were the _Maer_ (Mayor), and the {51}

_Canghellor_ (Chancellor). In each _cymwd_ also there was a court of

law, over which a judge presided. To avoid confusion it must be

borne in mind that these territorial divisions, and these officials,

were governmental, and that side by side with them other divisions,

based upon kindred, existed. Thus the Laws speak not only of the

Lord of a _cantref_, but also of a _Pencenedl_. The Lord was an

officer appointed by the King, while the _Pencenedl_ was the head of

his own tribe or clan, and owed his appointment to no one. When we

turn to consider the ranks into which the people were divided, we

find that status counts for everything. The main division was that

between tribesmen and non-tribesmen, between Cymry and men of alien

birth. The tribesmen themselves were divided as follows: (1) Men of

royal or princely caste. (2) Men of noble birth. (3) Ordinary free

tribesmen. (4) Unfree persons corresponding to the villeins of

English law. (5) Slaves in the strict sense of the term. The alien,

however high his birth in his own land, could never find a way into

the ranks of the Cymry except by long residence, or sometimes by

inter-marriage stretching over several generations. The kindred

(_cenedl_) was a self-governing {52} unit, having at its head a

_Pencenedl_, a personage who, as we have seen, was born and not made.

Below was an aggregate of families each under its own head of the

household (_Penteulu_) who bore a strong resemblance to the

_paterfamilias_ of Roman law. The _cenedl_, or kindred, consisted of

all descendants from a common ancestor down to the ninth generation.

Each kindred group had a certain holding of land. This holding was

called a _Gwely_. It was the common possession of the whole tribe,

who held it jointly as far as the great-grandchildren of the common

ancestor, after the death of whom a complicated system of division

would again begin. On his coming of age every member of the tribe

was allotted a portion of the land to till; and he also became the

possessor of certain rights in the common or waste land of the tribe,

as well as the possessor of a certain number of cattle. Needless to

say, since the land belonged to the tribe, it could not be alienated

by individuals. But side by side with tribal property went private

property even in land; and all such property could be alienated

freely.

The position of women, on the whole, appears to have been a

favourable one. Up {53} to the age of twelve the young girl lived

with her parents, but after that she was deemed of age, and became

entitled to a share of the property of her kindred. She was then

free to bestow herself in marriage. A marriage was usually made by

solemn plight of faith, together with a religious ceremony; but any

proof of an intention to live together was considered sufficient.

And just as the making of a marriage was a very simple matter, so

also was the dissolution of one. Husband and wife could separate at

any moment, and the subsequent marriage of either operated as a

divorce. The wife brought certain dower to her husband, and the

rules affecting such dower are laid down with meticulous care in the

Laws of Howel.

The law relating to crime in Wales was very similar to the law

prevailing in England at about the same date. There were three main

divisions or classifications, dealing respectively with murder,

assault, and arson. By murder was meant the killing of a free

fellow-Welshman; to kill an alien was certainly not thought to be a

crime, and it well might be a meritorious action. The killing of a

slave belonging to another man was an offence like any other damaging

of property. {54} Before the kings had gained sufficient strength to

be able to make the avenging of murder a public concern regulated by

royal justice, the family of the murdered man was considered

responsible for avenging his death; and such a blood-feud might last

many years, and result in innumerable deaths. When the blood-feud

had been superseded by a proper administration of justice, murder

became punishable by a fine, the fine varying according to the

position and quality of the murdered man. In the Welsh laws this

blood-money is called _galanas_. Thus the price of the life of a

_Penteulu_ was fixed at a hundred and eighty-nine cows, that of an

ordinary freeman at sixty-three cows, that of a slave at four cows.

The price of a woman's life was half that of a man's. The whole of

the murderer's family was responsible for paying the price of his

murder; and if payment was not made, the murderer's life was forfeit.

The murder of a near kinsman was regarded as much more heinous than

the murder of a stranger, and in this case the murderer was cast out

of his tribe for ever.

Just as every man's life had its price, so every man's honour had

likewise its price; and an insult (_saraad_) was a punishable {55}

offence. Here again the price varied according to the station of the

insulted man. In those times, when villages were built entirely of

wood and other highly inflammable material, it was natural that

special laws should be enacted to deal with the use and abuse of

fire. Fire seems to have been regarded very much as we regard a

dangerous animal--we may keep it if we so desire, but if we do so it

is at our peril, and we become responsible for any damage it may

cause by its escape.

As in all early legal systems the laws relating to contract in Wales

were extremely formal, the validity of an agreement depending

entirely upon the strict observance of certain procedure. One

curious point is that practically everything had a fixed price. This

was the price at which the thing could be bought or sold, and it was

the price exacted by way of fine from a person who happened to injure

or destroy it. The onus of guaranteeing the good condition of an

article, or the good health of an animal, seems to have rested

entirely upon the seller, so that the English legal maxim _caveat

emptor_ would have to be reversed in ancient Wales.

Using the materials afforded by the Laws of Howel alone, it would be

possible to paint {56} a fairly full and accurate picture of life in

Wales in the early Middle Ages. In addition to this source, however,

we are fortunate in possessing a document of unique interest and

great charm, a document which, though certainly later in date, does

reflect the life of the country before it had become very greatly

altered by Norman modes. This document is the account by Giraldus

Cambrensis of his journey round Wales in 1188. In this journey

Gerald was the companion of Baldwin Archbishop of Canterbury. The

ostensible object of the tour was to invite the princes and people of

Wales to join in the Crusade against Saladin; but one cannot but

suspect that Baldwin's real object was to establish the authority of

Canterbury over the four Welsh sees. In order to do this he wished

to celebrate Mass in each of the Welsh cathedrals--Llandaff, St.

David's, Bangor, and St. Asaph--and in so doing he visited

practically every corner in the country. Gerald is one of the most

interesting men of his age. He was born in 1148 in the beautiful

castle of Manorbier on the coast of Pembroke, the son of a Norman

father and a Welsh mother. He was highly educated after the manner

of the age, having studied at Paris, {57} and on one occasion having

read a composition of his own before an admiring academic audience at

Oxford. In 1188 he was an archdeacon, and the great objects of his

life--to acquire for himself the bishopric of St. David's, and to

convert that bishopric into an independent archbishopric of

Wales--were already formed in his mind.

The pilgrimage of Baldwin and Gerald began at Radnor, where they were

officially received by the Lord Rees, one of the ablest of mediæval

Welsh rulers. From Radnor they crossed the Wye into Brecon, of which

Gerald was Archdeacon. Thence they proceeded eastwards, past

Llanthony to Abergavenny. From Abergavenny they went to Usk, from

Usk to Caerleon, and from Caerleon to Newport. There they turned to

the west, and visited Cardiff, Margam, Swansea, Kidwelly, Carmarthen,

Whitland, Haverfordwest; and so to the Vale of Roses at St. David's.

They then directed their steps towards the north, following the river

Teifi as far as Lampeter. At Strata Florida they spent a night; then

proceeding past Llanddewi they came to Llanbadarn where another night

was spent. Continuing in a northerly direction they reached the

shores of the Dovey, then {58} as now the boundary between North and

South Wales. From the boat which carried them across the broad

estuary they would behold the great mountains of Gwynedd--Cader Idris

towering right above them, and the fine peak of Snowdon blue in the

distance; while out to sea they would discern the low outline of

Bardsey Island, the burial place of countless pilgrims and saints.

They landed at Towyn, followed the coast of Merioneth through

Barmouth and Harlech, and then struck across Carnarvonshire from

Criccieth to Nevin, where they spent Palm Sunday. Their next

stopping-place was Carnarvon, and from that town they went to Bangor.

Not content to leave any part of the country unvisited, they next

crossed the Menai Straits into Anglesey. Returning to the mainland,

they followed the coast to Conway and Deganwy; then they entered the

lovely Vale of Clwyd, where they were entertained by the son of Owen

Gwynedd in his castle of Rhuddlan. From Rhuddlan they went to St.

Asaph, and then on to Chester. They had then reached the most

northern point in their itinerary; and so, turning southwards, they

visited in succession Oswestry, Shrewsbury, Wenlock, Ludlow,

Leominster, and Hereford. {59} The effect of the Archbishop's

sermons could not have been particularly profound; for only some

three thousand men took the cross, and in fact none of them ever

quitted their native land.

But if the journey achieved nothing for the Holy Land, it did much

for the modern historian. Gerald was no dry analyst, but a man who

knew instinctively how to write. No such vivid descriptions, and no

such sketches of character were penned in Britain throughout the

Middle Ages. Gerald is a veritable prose Chaucer. He possessed a

seeing eye, and was always quick to seize upon a trait of character,

and to note an interesting custom. He was also tremendously fond of

gossip; and the more marvellous the tale the greater his delight in

relating it. His attitude towards the Welsh people was somewhat

supercilious; he regarded them with a queer mixture of sympathy and

contempt. Nevertheless the picture which he paints is not an

unpleasing one. They were a people well advanced in civilization,

though decidedly less polished and cultivated than the Normans.

Their chief pursuits were pastoral; and for recreation they preferred

fighting to aught else, and next to that {60} hunting. They

delighted in music and oratory. They were brave, frugal, hospitable,

and witty. Their reverence for religion, and for everything which

bore the stamp of antiquity, was extreme. But side by side with

these virtues were vices of a by no means amiable character. They

were careless of truth, unreliable, lacking in persistence,

quarrelsome, litigious, and intensely superstitious. In fact the

pages of Giraldus are the _locus classicus_ of the "perfidious

Welshman" who has been the butt of shallow writers in modern times.

With their love of battle and of sport the mediæval Welsh were a

hardy and a comely race. Both men and women wore their hair short;

and the men shaved their faces, except for the upper lip.

Cleanliness was one of their outstanding characteristics. They

indulged freely in the bath, a habit which perhaps had been handed

down from Roman times. Of their teeth they took the utmost care,

cleaning them several times in the course of a day. Owen M. Edwards

has thus admirably summarized what Gerald tells us about the domestic

habits of the people: "The great hall rose among the cowsheds and

sheepfolds. Its hospitable door was always open. 'No one of this

nation ever {61} begs'; the wayfarer lays his arms down at the door

and enters as an honoured guest. Water is offered. If he allows his

feet to be washed, he means to stay over night; if he refuses, he

wishes to partake of a meal only. In each family the harp was

played, and this was the chief means of entertaining guests. The

principal meal was prepared at sunset. The hall was strewn with

fresh rushes. The guests and members of the family sat down in

messes of three, and partook of thin oaten cakes, broth, and chopped

meat from wooden bowls and trenchers. The host and hostess attended

to the wants of every one, and themselves partook last. Towards

evening the hall was laid out for sleeping. The beds were arranged

around the walls--rushes covered with the coarse cloth manufactured

in the country. In the middle of the hall the peat or wood fire

burnt night and day."

{62}

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