Customary Principles

A living community changes over time.  From early family units, to larger tribal groups (clans) there is a common core of customs which develop.  These become the "laws" [spoke or unspoken] that begin to structure the obligations of the folks living within the community, and institute controls [often punishment] that establish authority within this cluster of folks trying to survive.  For the Welsh, this was well established by the mid-10th century.  This common core became associated with the name of Hywel Dda.

The figure above shows the cover of my copy, which was published by Gomer Press, 1990.  It contains a translation of the "Law Texts From Medieval Wales Translated and Edited by Dafydd Jenkins".  For the genealogist who wishes to understand the core principle of Welsh culture, this is a helpful test.

On page 71 it records:

"For the wise say that worldly law does not pursue any person (whether it is to heaven that he goes or to hell) save until he leaves the earth.  This is the reason for it:  Though there be law between persons and each other on this earth, there is no law between angels and each other, and there is no law between devils and each other, save the will of God."

Hum..."the will of God"...who would have guessed this would be a customary principle in the laws of Hywel Dda, around 942 AD.

Paramount

Paramount to medieval Welsh culture was the "cenedl"...the kindred. In medieval Wales this was important for social stability and cultural survival. Inheritance of land and compensation for injury was accounted through the kindred. Surrounding the "cenedl" was the land occupied and claimed by the family. All families needed houses, and the plot of land carrying a house (ty) was called a "toft". Essentially the word implies land that was enclosed, thus giving rise to a settlement involving animals and gardens. Food production became the essential activity, and the land and homestead became the "tref".

Previous posts defined the "legal acre", which helped set boundaries and locations for plowing and feeding animals. Welsh law defined that four such acres would be in a "toft". The kindred shared land, and four "tofts" were to be in every "shareland". Thus, four related families might share around 16 acres. Now, four "sharelands" would be consided a "holding". This would mean that roughly 16 families would occupy and share 64 "legal acres" of land. Perhaps 32-40 family members.

Four "holdings" would become a "townland". Not in the same sense as we know towns today, but a group of rural families having an identity. Thus, 256 acres would organize a kindred into a recognizable unit.

Four "townlands" would provide a population needing political and judicial activity, recognizing that so many folks would come to disagreement. This was known as the "maenol" (manor), and became the center of legal activities. [The name "mayor" comes from this organization.] Now you can imagine the complexity as the number of family members grew. So roughly there was 1024 acres in every "maenol". [Remember today that 1 square mile contains 640 acres, so this would be around 1.5 to 2 square miles.]

Now 12 "maenols" (Maenolydd) would make up a "commote". This became the smallest social unit of administration for the multiple family groups that came to occupy the land. This would roughly be 12, 800 acres of land. [About 20 square miles.] This would be like a "county" in one of the states. Two "commotes" became a "cantred" (canfref). The "candred" identified as tribal land. Thus a tribe would be seen as a group of "kindred" occupying an area of land which acted together for peace and war. They were responsible for handling all criminal and civil issues occurring within their "cantref".

So let's review.

4 legal acres in every toft (farm with a house),
16 legal acres in every shareland (4 tofts = 4 farmsteads working together),
64 legal acres in every holding (4 sharelands),
256 legal acres in every townland (4 holdings),
1024 legal acres in every maenol (4 townlands),
12,800 legal acres in a commonte (12 maenols),
two commotes in the canfred. (English verson of Welsh Word is cantref.)

Wow, just think this all started with a kernel of barleycorn!

Information abstracted from Hywel Dda The Law, Law Texts From Medieval Wales, Translated and Edited by Dafydd Jenkins, Gomer Press, 1990.

Between the Mead-brewer and Butler

Three main tribal groups formed the dominate Welsh Kingdoms. The northwest was founded by the post Roman administration of Cunedda and his nine sons. This became the Kingdom of Gwynedd which included "Ynys Mon" [Anglesey]. Vortigern is credited with the foundation of Powys, including what became "Northern Powys" and "Southern Powys". This Kingdom bordered the Anglo-Saxon expansion on the east, and Gwynedd expansion of the west. Dyfed was established by settlers from Ireland with major input from the early Celtic Church. An important religious center, St. Davids, became a strenght to the Kingdom and its founder a patron Saint to the Welsh. Eight smaller Kingdoms, mostly in the south, made up the mosaic of tribes.

You can certainly imagine the task that faced Hywel Dda when in 942 AD, he became the recognized head of Dyfed [905 AD], Gwynedd, and Powys, [942-950 AD]. He is credited with bringing all the lawyers, leaders, and scribes together to clarify the multiple tribal laws. [accepted social conduct]. He of course started with the King and his court! The law reads:

"It is right that there should be twenty-four officers in it:..." [The Court]. It goes own to say, "Three times every year the above twenty-four officers are entitled by law to their woollen clothing from the King and their linen clothing from the Queen - at Christmas, Easter, and Whitsun." The twenty four members as listed were : 1) Captain of the Household, 2) Priest, 3) Steward, 4) Chief Falconer, 5) Court Judge, 6) Chief Groom, 7) Chamberlain, 8) Bard of the Household, 9) Usher, 10) Chief Huntsman, 11) Mead-brewer, 12) Physician, 13) Butler, 14) Doorkeeper, 15) Cook, 16) Candleman, 17) Queen's Steward, 18) Queen's Priest, 19) Queen's Chief Groom, 20) Queen's Chamberlain, 21) Queen's Handmaid, 22) Queen's Doorkeeper, 23) Queen's Cook, and 24) Queen's Candleman. [I had to laugh, being a physician, would place me between the "Mead-brewer" and the "Butler"!]

The information is taken from: "Hywel Dda The Law", translated and edited by Dafydd Jenkins, Gomer Press, 1990. The court is described on page 5. Also: "British Kings & Queens, by Mike Ashley, Barnes & Noble, Inc., 2000. The Welsh Kingdoms are presented starting on p. 121, going through page 164.

Liability and Status

More people, less space, produced a great deal of turmoil for those Celtic tribal groups that were driven into those western mountains. Defending the family's land and honour were a constant activity, especially when an insult from another family group was presented. "Eye for a eye, tooth for a tooth", was the common standard, and a tribal "feud" could last for generations.

It appears that Roman law started the concept of individual rights. Their term "iniuria" (injury) embraced an event where someone purposely disregard another's rights or personality. This usually involved some form of injury, or even death. In the place of returning equal retribution, a compensation was made to the victim or his/her family. Of course, this compensation varied according to the status of the victim. In Celtic culture, influenced by Roman laws, a "compensation payable" was called "sarhaed". When homicide was involved, this became a specific compensation called "galanas". This was the ancient Briton's attempt to limit death and destruction among the family groups and control vengeance (feud). The compensation for killing depended on the status of the victim, and the liability was spread among the kindred. Thus, if someone in your tribe killed, you would be held responsible, down to the forth cousin! So a Welsh name, gave your descent through six generations. If you were descended from a common 4-generation grandfather, then you had to pay into the compensation. What's in a Welsh name? Your liability and status!

A most important reference is: "Hywel Dda, The Law", translated and edited by Dafydd Jenkins, Gomer Press, 1990, the "galans" (p. 346), the "sarhaed" (pp. 379-380).

Daughters

Ancient Welsh law describes the social context of the daughter. It states:

"A daughter, after she is baptised, until she is seven years old, is not entitled to take an oath. From when she is born until she is twelve years old it is right for her to be at her father's platter."

This places the daughter under the care of her father from birth until age twelve. Since females mature earlier than males, they take on a defined role stated as follows:

"From twelve years old on, her breasts and pubic hair develop and she menstruates, and she is then of age to be given to a husband, and from then on, even if she does not take a husband she is entitled to control what is hers, and it is not right for her to be at her father's platter unless he himself wishes it."

"At twelve years old it is right for a woman to menstruate, as we have said above. And from twelve to fourteen years old it is right that she should not become pregnant, and from fourteen until she is forty it is right for her to conceive..."

Normal growth and development for the female became the outline for a females position within the family. At twelve she could be "given to a husband" and, at fourteen she was given the right "to conceive". What a deal.

Abstrated from: "Hywel Dda The Law, Law Texts From Medieval Wales", translated and edited by Dafydd Jenkins, Gomer Press, 1990. pp. 131-132.

At His Father's Platter

A male child born in the kindred was described in the Welsh law books as follows:

"From when the son is born until he is fourteen years old, it is right for him to be at his father's platter, with his father as lord over him. And no punishment of him is right save his father's."

Thus, from birth, a male child was the responsibility of the father, and no other person was allowed to punish the male child.

"At the end of the fourteenth year, it is right for the father to take his son to the lord and to commend him to him. And then it is right for him to do homage to the lord, and to be dependent on his lord's status..."

"And his father is from then on no more entitled to strike him than a stranger..."

"And from that age on he will be of the same status as an innate bonheddig [ a Welshman of full free status, a man of known ancestry]

At fourteen, the male was to become essentially a ward of the gwlad (state). His status (social standing) was to be that of his lord who was usually a kinsman. This "lord" was most likely the kinsman of highest statue within the tribe.

Now before any of the above could happen, a "son" had to be "legally laid" to his father. This was done by the mother in the following way:

"Whatsoever woman wants to lay a son legally, thus it is for her to lay him: she and the son come to the church where his burial-place is, and she comes as far as the altar and puts her right hand on the altar and the relics, and her left hand on the son's head, and so swears, to God first, and to that altar and to the good relics which are on it, and to the son''s baptism, 'that no father created this son in a mother's heart save' (such-and-such man, naming him) 'in my heart'. And so it is right to lay a son to a Welshman."

The above quotes are taken from "Hywel Dda, The Law" tranlated as "The Law of Hywel Dda, Law Texts From Medieval Wales, Translated and Edited by Dafydd Jenkins, Gomer Press, Llandysul, Dyfed, 1986. The quotes are abstracted from pp. 130-133.