Presidential Address: The Peoples of Britain and Ireland, 1100–1400: III Laws and customs

Abstract

Edward I and his judges delivered some of the most resounding obiter dicta on the nature of law and justice in the medieval period; but on occasion they found themselves at the receiving end of such pontificating practices. One such occasion took place at Oswestry in January 1279. Walter de Hopton and his fellow justices were ambling their way through the interminable dispute between Llywelyn ap Gruffudd, prince of Wales, and Gruffudd ap Gwenwynwyn, lord of Powys and client of die English king. In rotund phrases, at once deeply flattering and profoundlychallenging to Edward I, Llywelyn delivered himself of a grand declaration about the relationship of law, people and political power:Each province under die empire of the lord King has its own laws and customs according to the habit and usage of the parts in which it is situated—for example, die Gascons in Gascony, the Scots in Scodand, the Irish in Ireland and the English in England. This indeed exalts rather than diminishes the crown of the lord King. The Prince accordingly requests diat he likewise should have his Welsh law and should proceed according to it. He has all the more reason for making diis request since the King, of his own free will, in die recent peace treaty concluded between diem, granted to Llywelyn and all Welshmen die right to have their own law. By natural justice (de jure communi) he ought to have Welsh law and custom, just as other peoples(naciones) under the empire of the lord King have their laws and customs according to their language, or ethnic affiliation (secundum linguam suam).