Judgement Under the Law of Wales
05 Smith SC39 18/1/06 1:26 pm Page 63 STUDIA CELTICA, XXXIX (2005), 63–103 Judgement under the Law of Wales J. BEVERLEY SMITH Aberystwyth Tres diversi iudices sunt in Kambria secundum legem Howel Da: scilicet, iudex curie principalis per servitoriam, id est, swyt, cum rege semper de Dinewr vel Aberffraw; et unus solus iudex kymwd vel cantreff per swyt in qualibet curia de placitis in Gwynet et Powys; et iudex per dignitatem terre in qualibet curia kymwd vel cantref de Deheubarth, scilicet, quisque possessor terre. In its discussion of judges in Wales and the means by which judgements were given in court the text of Bodleian Rawlinson MS C821, Latin D, makes a distinction between three kinds of judges.1 The first was the judge (iudex) of each of the principal courts of Dinefwr and Aberffraw, who judged by virtue of office; second, there were judges (iudices) by virtue of office in the court of law of each commote or cantref in Gwynedd and Powys; and, third, there were judges (iudices) by privilege of land in each court of a commote or cantref in Deheubarth, namely every possessor of land.2 Judgements were distinguished in the same way, namely those of the king’s court, those of a judge by virtue of office in each commote or cantref in Gwynedd or Powys, and those of a judge not by virtue of office but by privilege of land in Deheubarth.3 The judge first identified in these passages, the judge of the court (ynad llys, brawdwr llys or iudex curie), looms large in the legal liter- ature as one of the principal officers of the king’s household, but the functions of his office, which have been examined elsewhere, stand apart from the subject matter of the present work and will not be noticed further.4 This study is concerned rather with the implications of the clear differentiation made in the text of Latin D between two species of judge and two forms of judgement that could be recognized in the courts of the princes’ territories, one associated with the courts of Gwynedd and Powys and the other with those of Deheubarth.
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