The Laws of Hywel Dda
It may surprise you to know that in the Middle Ages, a far-sighted Welsh ruler called Hywel Dda or Hywel the Good made contributions to jurisprudence which were innovative and groundbreaking. Most of us are familiar with the legal systems of ancient Rome and how they influenced what is in place in legal systems even today. Who would have thought that Hywel Dda’s codification of Welsh law would have dealt with such matters as women’s rights and restorative justice?
One of the most remarkable aspects of Hywel Dda’s legal system was its comprehensive codification. The laws of Hywel Dda were meticulously documented and organised into a coherent legal code. This was unusual in Europe in the Middle Ages where various monarchs had different laws which they rolled out and were in the main part administered orally. Ahead of its time, this Welsh legal system placed a strong emphasis on restorative justice. Instead of relying on punitive measures such as fines or imprisonment the Welsh wanted a more harmonious system. Disputes were resolved through reconciliation and compensation. This kind of justice aimed to reduce the cycle of revenge and violence and to keep the social fabric of the community healthy.
Women's rights were often non-existent in different parts of Europe yet in Wales women were protected by the laws in significant ways including property rights, divorce rights, and inheritance. While women were not usually allowed to inherit land, the Welsh women owned livestock such as cows, horses, sheep, and pigs so safeguarding them in the case of their husband's death. If a marriage lasted seven years, a wife was entitled to half a share of any moveable goods. Hywel Dda’s laws also provided for women within marriage so there were laws against domestic violence and penalties for those who mistreated their wives. The legal code gave women the option to seek divorce meaning that they were given more autonomy in the marriage.
Hywel Dda’s legal system recognised the importance of customary laws, regional variations, and adaptations so that the legal systems could be tailored to the specific needs and traditions of different communities. This was also unusual but played a part in respecting the diversity of Welsh society while keeping the common legal framework intact.
Hywel Dda’s laws were nothing short of groundbreaking compared to most of Europe. They demonstrated a commitment to legal codification, restorative justice, and the protection of women’s rights. While Hywel Dda’s name might not be known as well as other historical figures, his contribution was in providing a rich legal heritage to Wales.
If you enjoy historical fiction you can find out more about how Welsh laws were applied in the stories of ‘The Welsh Traitor’s Daughter’ and in the soon-to-be-released sequel. ‘The Welsh Warrior’s Inheritance’.