Wclsh Custonr Un(L ('1Ln(Lr L,:Rrv, I 150 L.L(Xl for Reform

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Wclsh Custonr Un(L ('1Ln(Lr L,:Rrv, I 150 L.L(Xl for Reform 1-r- ,l,,rlll ' r, lrl,. tttrtr.tl Wclsh Custonr un(l ('1ln(lr l,:rrv, I 150 l.l(Xl ,I rrr rllrllli | "rllr(lol I t, I rl ril,lr, , r,,ltrr \\(.t(.1,() by I Irrrv [)rycc , I rlr 1l',,ltlr,ll.lrott11l','1,,a ,,,1 r r,tlr,,ttlttt ( rllllll('ll'll()lll'lllrrotttilt l' I I \\lt't' tttlltt'('lrlolirrgiltn For reform-minded churchmen in thc lrvcllilr rrrrrl l, "'1"r rll' ltil'ittsltltvettotllccn thirteenth centuries, Welsh custom and canon law wcrc lvorltlr; I ,1,,t rr | "rrrl'rt'l' lrlrl lll( ll apart. Writing to the pope in the 1150s, Archbishop 'l hcobirltl ol ,, Lr L, l,,rrl llr t"llt' ttttt' 'llrrllltllrlllllll;lllclli)rttobcttcr cttslomary Canterbury alleged that the inhabitants of Gwynedd in nortlr , I r r * ltlr I r" "L rll r rrr\ l\'ll'lll(l\'()lllil)tlitytll'tlte post-Caolingian Wales were'ignorant of the divine and still more of canon law', l,rr ,,1 l, I rrrt' rrl.rr\ l)rllrll( 'lll()ll;ltttllltrlol'itlthe engaging in a slave trade with Ireland, bartering concubines, 'and ignoring the guilt of incest'. Moreover, this lamentable behaviour was as rife amongst the clergy as the laity.l Some twenty years later, at the provincial Council of Westminster in 1175, it was proposed that 'the Welsh should not sell churches nor give them in dower nor cling to their kinsfolk nor change wives'. Significantly, this proposition was not enacted in the council's legislation, perhaps because it was deemed unworkable.2 Likewise, at the end of the twelfth century Gerald of Wales noted the prevalence amongst the Welsh of incest, trial marriage, concubinage (reflected in the equal rights of inheritance granted to both illegitimate and legitimate children), the inheritance of ecclesiastical benefices and portionary churches.3 Such criticisms continued in the thirteenth century. True, Pope Honorius III gave his enthusiastic approval in 1222 to an ordinance issued by Llywelyn ap Iorwerth (d. 1240), prince of Gwynedd, abolishing 'a certain detestable custom or rather corruption ... contrary to divine and human law' whereby the son of the handmaiden was \ ' The Leuers of John of Salisbury, ed. W.J. Millor, H.E. Butler, and l C.N.L. Brooke (London 1955-79) l.135-36. 2 Councils & Synods with Other Documents relating to the English repr la franque' Ve-Xe sidcles" Church, ed. D. Whitelock, M. Brett, and C.N.L. Brooke (Oxford 1981)2.967- ' Sr rr v tvrrt tr'cr r r tttlil illcs (litlls lc tlroit de monarchie \ 1 980) I 83' 68,980 (c.21). tt l.tt lttt tthtlitttt rlrr tlrtttl t'rtnoritltrc nteclieval (Aldershot 3 Giraldi Cambrensis Operu,RS 6.213-14,225. .Y HUW PRYCE WELSH CUST0M AND CANON LAw 783 allowed to inherit equally with the son of a free woman, and on both lay and clerical marriage.T Deviance from those norms illegitimate sons were permitted equal inleritance rights with the thus not only throws valuable light on Welsh marriage customs legitimate.a However, this did not mark a decisive victory for but also raises important questions about the vigour with which canonical norms over native custom, since over half a century the ecclesiastical and secular authorities sought to uphold canon later, on the eve of Edward I's conquest of Wales in 1282-83, law in Wales. Archbishop Pecham of Canterbury complained vociferously Archbishop Theobald's letter to the pope vividly about the lax attitude of Welsh law and custom to 'legitimate illustrates how difficult it could be to make a Welsh ruler marriages', which were undermined by the inheritance rights conform to canonical rules on marriage within the prohibited accorded to illegitimate sons and by the repudiation of wives.s degrees of consanguinity. Both the archbishop and Maurice, Such condemnations belonged to a tradition ofrhetoric that bishop of Bangor, had sought in vain to convince Owain, prince stigmatized the Welsh as barbarians in dire need of the civilizing of Gwynedd, of the sinfulness of his marriage to his first cousin. remedies provided by ecclesiastical reform and, more often than Owain had, it was alleged, not only 'induced no small portion of not, Aaglo-Norrnan or English conquest.6 Yet, the contrast they the clergy to defend his crimes' but also despoiled the bishop of highlighted between Welsh custom and the intemational law of the his possessions and then expelled him from his see, whence he church was nonetheless real for all that. As we have seen, this was fled to Canterbury.s The prince similarly defied calls in the particularly true of maniage, and this is therefore the subject on 1160s from Archbishop Thomas Becket and Pope Alexander III which I shall focus in the following discussion. to separate from his wife, and he was eventually excommunicated. My aim is straightforward: to assess the impact on Welsh Nevertheless, the clergy of Bangor buried him in their cathedral custom of canonical notions of lawful marriage. This I shall do at his death in I 170, prompting Archbishop Baldwin to order the by examining, first, the marriages of some native Welsh rulers exhumation of the body when he visited Bangor during his and, second, the compilations of Welsh customary law whose joumey round Wales to preach the Third Crusade in I 188.e earliest surviving versions were written in the late twelfth and Two points merit emphasis with regard to Owain thirteenth centuries. Underlying the discussion is the assumption Gwynedd's marriage. First, it highlights the gulf separating that, notwithstanding Archbishop Theobald's comments, canon Welsh and canonical notions of incest. It is notable that Owain's law was known in at least some quarters in Wales at this period. wife, Cristin, was his matemal uncle's daughter, and the other Indeed, there is good evidence for attempts to impose its norms examples of first cousins who married Welsh rulers in the twelfth century were likewise related to their husbands through their o Vatican, Reg. Vat. 11, fol.202r-v, cited in J.B. Smith,'Dynastic succession in medieval Wales', Bulletin of the Board of Celtic Studies 13 (1986) 218. s Registrum Epistolarum Fratris Johannis Peckham Archiepiscopi ' H. Pryce, Native Law and the Church in Medieval lhales (Oxford Canhmriens is, RS 2.474. r993) 7s-77, 83-88. u R. Bartlett, Gerald of lltales t t46-1223 (Oxford 1982) 33-36,38- ' Letters ofJohn ofsalisbury 1135-36. e 42, 169-71; R.R. Davies,'Buchedd a moes y Cymry', I{elsh History Review Materials for the History of Thomas Becket, Archbishop of Canter- l2 (1984-85) 155-79. 6riry,, RS 5.236-39:' Giraldi Cambrensis Opera 133. Y 784 Huw PRycE WELSH CUSToM AND CANoN LAw 785 mothers.lo This may suggest that only a woman related to the Owain Gwynedd's rejection of canon law stands in husband through his father counted as a kinswoman, with whom contrast to the attitude adopted by his grandson, Llywelyn ap marriage was considered incestuous - a suggestion consistent Iorwerth, prince of Gwynedd, who died in 1240. Instead of with the cardinal importance attached by Welsh custom to ignoring canon law, Llylvelyn manipulated it to his own agnatic or patrilineal kinship in determining inheritance of land. advantage. At the end of the twelfth century he sought By contrast, a woman related through the husband's mother was dispensation from Innocent III to marry the daughter of Reginald conceived of as belonging to a different kindred and thus Godredsson, king of Man (1187-1226, d. 1229), despite her marriage to her carried no stigma of incest.tl Second, Owain's having been previously betrothed to Llywelyn's uncle, Rhodri. defiance of canon law appears to have been supported by a Subsequently, however, Llywelyn alleged that Rhodri had known significant number of clergy in Gwynedd. It was two the girl carnally in order to call the marriage off. The reason for archbishops of Canterbury, albeit in Theobald's time supported this change of mind was simple: by 1204 Llywelyn had the by the bishop of Bangor, who took the lead in opposing the opportunity of marrying a more prestigious bride, none other than marriage. Likewise, it was a Canterbury provincial council that, King John's illegitimate daughter, Joan, whom he probably in 1175, discussed the proposal that the Welsh 'should not cling manied the following year.la Later, in 1222, the prince of to their kinsfolk or change wives', while Archbishop Baldwin Gwynedd obtained the approval of Pope Honorius III for an seized the opportunity presented by his preaching tour of Wales ordinance designed to ensure the succession of Dafydd, his son to try to get two other Welsh princes, namely Rhodri ab Owain with Joan, at the expense of his elder son, Gruffudd, bom as the Gwynedd and Gruffudd ap Madog of northern Powys, to abandon result of an extra-marital relationship to a woman called incestuous unions, although only the latter acceded to his wishes.12 Tangwystl. This was followed tp in 1226 by securing papal The tolerance of native customs by Welsh clergy - who themselves legitimation of Joan herself.ls came under fire from ecclesiastical reformers on account of their Llywelyn's readiness to adhere to the norms prescribed by disregard for canonical prohibitions on clerical marriage - helps canon law marks a significant departure from the attitude of his to explain why those customs remained so resilient.13 grandfather and of most other twelfth-century Welsh rulers. It would be wrong, however, to conclude that the prince had been compelled against his will to abandon native custom in favour of 'o Thomas Becket,RS 6.15,142; see J.E.
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