Welsh Law - Overview

Overview

The laws include the "laws of the court", the laws laying down the obligations and entitlements of the king and the officers of his court and the "laws of the country" dealing with every other topic. In some versions of the laws some of the material in the laws of the country are split off into the "justices' test book" dealing with homicide, theft and the values of wild and tame animals and other items. Within each of these sections there are tracts of varying length dealing with different subjects, for example the law of women and the law of contracts. Civil law differed from most other codes of law in the rule that on a landowner's death his land was to be shared equally between his sons, legitimate and illegitimate. This caused conflict with the church, as under canon law illegitimate children could not inherit.

Once a case came to court, the method used to come to a decision was usually by compurgation. Under this system the person accused or the parties to a dispute would give their version under oath, following which they had to find a number of others who would take an oath that the principal's oath could be trusted. The number of compurgators required depended on the nature of the case. The judge or judges would then come to a decision. Capital punishment was only prescribed for a small number of crimes. Homicide was usually dealt with by the payment of compensation to the victim's family, while theft could be punished by death only if it was theft by stealth and the thief was caught with the goods in hand; the value of the goods stolen also had to exceed four pence. Most other offences were punished by a fine.

Welsh law was in force in Wales until the death of Llywelyn the Last in 1282 and the Statute of Rhuddlan in 1284 which replaced Welsh criminal law with English law. Welsh law continued to be used for civil cases until the annexation of Wales to England in the 16th century.

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