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.
Public-domain text, read in full here on John Shaqi.
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