73. If a freewoman 'loc-bore' commit any 'leswe,' let her make a 'bōt' of xxx. shillings.

74. Let 'maiden-bōt' be as that of a freeman.

75. For the 'mund'1 of a widow of the best class, of an 'eorl's' degree, let the 'bōt' be L. shillings; of the second, xx. shillings; of the third, XII. shillings; of the fourth, VI. shillings.

76. If a man carry off a widow not in his own tutelage, let the 'mund' be twofold.

77. If a man buy a maiden with cattle, let the bargain stand, if it be without guile; but if there be guile, let him bring her home again, and let his property be restored to him.

78. If she bear a live child, let her have half the property, if the husband die first.

79. If she wish to go away with her children, let her have half the property.

80. If the husband wish to have them, [let her portion be] as one child.

81. If she bear no child, let her paternal kindred have the 'fioh' and the 'morgen-gyfe.'

82. If a man carry off a maiden by force, let him pay L. shillings to the owner, and afterwards buy [the object of] his will of the

owner.

83. If she be betrothed to another man in money, let him make 'bot' with xx. shillings.

84. If she become 'gængang,' xxxv. shillings; and xv. shillings to the king.

85. If a man lie with an 'esne's' wife, her husband still living, let him make twofold 'bōt.'

86. If one 'esne' slay another unoffending, let him pay for him at his full worth.

87. If an 'esne's' eye and foot be struck out or off, let him be paid for at his full worth.

88. If any one bind another's 'esne,' let him make 'bōt' with VI. shillings.

89. Let the 'weg-reaf' of a 'theow' be III. shillings.

90. If a 'theow' steal, let him make twofold 'bōt.'

1 The Longobardic Law is the most copious of all the Barbaric codes in its provisions respecting marriage; and is particularly so on the subject of the mund. From that law it appears that the 'mundium' was a sum paid to the family of the bride, for transferring the tutelage they possessed over her to the family of the husband. . . .

CHAPTER XXII

LAWS OF HOWEL DDA1

THE VENEDOTIAN CODE

TABLE OF CONTENTS

BOOK I

THE LAWS OF THE COURT

iii. Of vi. Of

Chap. i. Of the Officers of the court. ii. Of the king. the queen. iv. Of the king's retinue. v. Of the edling. appropriate places. vii. Of the chief of the household. viii. Of the priest of the household. ix. Of the steward. x. Of the chief falconer. xi. Of the judge of the court. xii. Of the chief groom.

[Reprinted from] "Ancient Laws and Institutes of Wales;" (comprising laws supposed to be enacted by Howel the Good, modified by subsequent regulations under the native princes prior to the conquest by Edward the First and Anomalous Laws, consisting principally of institutions which by the Statute of Ruddlan were admitted to continue in force: with an English translation of the Welsh text [by ANEURIN OWEN] to which are added a few Latin transcripts, containing digests of the Welsh laws, principally of the Dimetian Code, with indexes and glossary), published under the direction of The Commissioners on the Public Records of the Kingdom, 1841. [The following account of the Laws of Howel is taken from the preface of the above compilation :]

About the commencement of the tenth century we find Howel dda, or Howel the good, a conspicuous king in South Wales, in the government of which he succeeded his father Cadell. He inherited from his mother Elen possessions in Powys, and his influence appears to have been powerful throughout North Wales. To him are we indebted for the collections of laws which pass under the name of the Laws of Howel dda,

The measures he adopted for the amendment of the laws of Wales are briefly set out in the prefaces or prologues which commence the several versions of them printed in the following pages [omitted here]. Perceiv

ing the laws and customs of the country to be violated with impunity, and to be falling into lesuetude, he caused them to be examined, that so what was wholesome and beneficial might be retained, what was ambiguous might be expounded, and what was superfluous or prejudicial might be abrogated.

Having summoned the archbishop of Menevia, other bishops and the chief of the clergy, the nobles of Wales, and six persons (four laymen and two clerks) from each comot, to meet at a place called Y Ty Gwyn ar Dav, or the White House on the river Tav, he repaired thither in person; and having spent all the Lent in prayer and fasting, he selected from the whole assembly twelve of the most experienced persons, and added to their number a clerk or doctor of laws, named Blegywryd. To

xiii. Of the page of the chamber. xiv. Of the bard of the household. xv. Of the silentiary. xvi. Of the chief huntsman. xvii. Of the mead brewer. xviii. Of the mediciner of the household. xix. Of the butler. xx. Of the door-ward. xxi. Of the cook. xxii. Of the candle-bearer. xxiii. Of the queen's steward. xxiv. Of the priest of the queen. xxv. Of the chief groom of the queen. xxvi. Of the page of the chamber to the queen. xxvii. Of the handmaid. xxviii. Of the door-ward to the queen. xxix. Of the cook to the queen. Xxx. Of the candle-bearer to the queen. xxxi. Of the officers in the court by custom and usage. xxxii. Of the groom of the rein. xxxiii. Of the foot-holder. xxxiv. Of the land-maer (bailiff). xxv. Of the apparitor. xxxvi. Of the porter. xxxvii. Of the watchman. xxxviii. Of the woodman. xxxix. Of the baking-woman. xl. Of the smith of the court. xli. Of the chief of song. xlii. Of the laundress. xliii. Of other things.

BOOK II

THE LAWS OF THE COUNTRY

Chap. i. The laws of the women. ii. The privileges of Arvon. iii. Triads. iv. Of the nine tavodiogs (advocates). v. Of wounding an animal. vi. Of the claim of surety and debtor. vii. Concerning a briduw (solemn asseveration to the truth of a thing by a person on his faith). viii. Of a contract. ix. Of gorvodogaeth (surety for any person accused of crime). x. Of church protection. xi. Laws concerning landed property, and the form of pleading in respect thereto. xii. The law of brothers for land. xiii. The law of dadenhudd (suit for recovery of patrimony) for land and soil. xiv. Mode of suing for land by kin and descent. xv. A woman is not to have patrimony according to the men of Gwynedd. xvi. An innate boneddig (free Welshman of indigenous these thirteen was confided the task of examining, retaining, expounding, and abrogating.

The compilation of laws, which resulted from their labours, was, when completed, read through, allowed, and proclaimed; and Howel caused three copies of them to be written, one of which was to accompany the court for daily use, another was deposited in the court at Aberfraw, and a third at Dinevwr.

That nothing might be wanting to strengthen the observance of these laws, sentence of excommunication was denounced against all transgressors, and soon after Howel went to Rome, attended by the archbishop of St. David's, the bishops of Bangor and St. Asaph, and thirteen other personages. The laws were recited before the Pope, and confirmed by his authority; upon which Howel and his companions returned home. [The glossary terms appearing as a part of the above compilation have been inserted at the appropriate places.]

ure.

descent). xvii. Of the laws of Dyvnwal Moel Mud, and of measxviii. Of the duty of the maers (court held on land in dispute) and the canghellors (officers who determine disputes) and their service. xix. Of the service of a chief of a kindred, his privilege, and due. xx. Of work on the king's buildings. xxi. The tunc (a territorial division) of a free maenol. xxii. Of meer breach. xxiii. Of ploughing land surreptitiously. xxiv. Of defining of meers. xxv. Of removing a public meer stone. xxvi. The measure of the king's gwestva (provision, or money payment in lieu of it) from a free maenol. xxvii. The amount due from bond maenols. xxviii. Of the foetus of a woman, if injured. xxix. Of the worth of an innate boneddig. xxx. Of the law of a daughter, and her rights. xxi. Of denying and receiving a son.

BOOK III

PROOF BOOK

Preface The law of the functions of a judge.

Chap. i. Of the nine accessories of galanas (sum assessed upon the criminal and his relatives). ii. Of the nine accessories of theft. iii. Of the nine accessories of fire. iv. Of the worth of wild and tame animals. v. Of the worth of a mare, and her teithi (quality). vi. Of the worth of a cow, and her teithi. vii. Of the worth of an ox, and his teithi. viii. Of the worth of swine, and their teithi. ix. Of the worth of sheep, and their teithi. x. Of the worth of goats, and their teithi. xi. The worth of a cat, and her teithi. xii. Of the worth of geese and other birds. xiii. Of the worth of fowls. xiv. The worth of dogs. xv. The worth of hawks. xvi. Of the bees. xvii. Of the worth of a hart. xviii. Of the king's hunting. xix. Of skins. xx. Of the worth of trees. The worth of the buildings, and the furniture, co-tillage, and corn damage. .xxi. The worth of a hall. xxii. The worth of the furniture. xxiii. The worth of the members of the human body. xxiv. Of co-tillage. xxv. Of corn damage.

2. He is to have his land free; and his horse in attendance; and his linen clothing from the queen, and his woollen clothing from the king.

3. His place is opposite to the king, on the other side of the fire, next to the priest of the household.

4. His lodging is the chamber in which the king sleeps: he is to have a pillow and bed linen from the queen; and the cushion whereon the king sits, during the day, shall be under his head at night others say that he is not to lodge out of the hall.

5. His horse is to be between the king's horse and the wall, and is to have two shares of provender.

6. He is to have a "throw-board" of the bone of a sea-animal from the king, and a gold ring from the queen, and another from the bard of the household; and these trinkets he is neither to sell nor give away whilst he lives.

7. He is to have one man's share with the servants.

8. He is to have from the chief groom his horse, complete from the first nail to the last, and saddled, and brought to him when he rides.

9. The porter is to open the great gate for him when coming to the palace, both in going in and out: and he is never to let him through the wicket, either in going or coming.

10. He is to have one man's share of the groom's silver.

11. He is to have from the spoil made by the household of the king in a border-country, after the king has had his third, the ox he may choose.

12. He is to have for all causes of landed property twenty-four pence, between him and the other judges, of which two shares belong to him.

13. He is to administer justice to the court, the household, and to whoever pertains to them, without fee.

14. He is to have a trained sparrow-hawk, or a male hawk, from the chief falconer.

15. He is the third indispensable man to the king.

16. He is to have twenty-four pence from every judge whom he may examine: and where he may administer justice in conjunction with other judges, he is to have the share of two men.

17. His protection is unto the queen. Whoever may apply to him for protection shall obtain it, from the time he shall commence the summary of the first cause, until he shall finish the last for that day.

18. If a man enter into mutual pledges with the judge of the court, or with another judge; if that person can prove that the judge has pronounced a wrong sentence, let the judge lose his tongue, or otherwise let him redeem it of the king for its legal