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