Thursday, 8 August 2019

Margaret at law

At the time she answered the claim against her mother-in-law, Emma Audley, Margaret of Bromfield was also at law against her brother-in-law, Gruffudd Fychan. Grufuddd, an ancestor of Owain Glyn Dwr, held the manor of Glyndyfrdwy, which Margaret claimed he held unjustly against her. Her claim was based on dower rights in Edeyrnion and Glyndyrfdwy, which is confusing as these lands were in Wales and there was no right of dower under Welsh law. We can only assume that once again the law of Cyfraith Hywel had once again been set aside in favour of common law.


Margaret asserted that she was in possession of the land until the death of her husband, Madog ap Gruffudd. Afterwards she was driven out by Llywelyn ap Gruffudd in time of war between England and Wales, just as Llywelyn had driven Emma from Maelor Saesneg and Eyton. The prince then gave the land to Gruffudd. This is curious as Llywelyn was said to have given Emma’s lands to Margaret’s husband, Madog. If he was favouring Madog, why would he have driven Madog’s wife - and his own sister - from her lands? Someone was being economical with the truth, and it was probably one of the female plaintiffs.


Unsurprisingly, Gruffudd was confused and wrote to Edward I, asking if the case should be heard before the king’s justices or before Prince Llywelyn. Gruffudd added that he ‘held the land by the king’s permission, in chief of the said prince’. He also made the interesting comment that ‘he fears lest the said Margaret may influence the king against him’. This implies Margaret had enough influence at the English court to worry her rivals. The king’s response was to transfer the case to Llywelyn. On 10 October 1279 Llywelyn wrote to thank the king and report on the hearing. It had been a disaster. Margaret and Gruffudd both appeared before the prince on 28 September, where Margaret produced her charters for the land. She appears to have conducted her own defence without attorneys. Margaret refused to part with the charters or have copies made of them, as urged by Gruffudd, even though Llywelyn warned her three times that this was a requirement of Welsh law.


Llywelyn claimed that Margaret was ‘minus instructa’ - too little instructed - to argue her case, and set another date for the hearing. This was even worse. In his second report to the king, dated 15 December 1279, Llywelyn claimed Margaret still refused to obey court procedure. He also claimed that Margaret had ‘procured’ certain ‘false statements’ to use against him i.e. bogus evidence. As so often with this family, there was little love lost.

The outcome is uncertain, though it seems Margaret came to an amicable settlement with Gruffudd. In a later petition Margaret said she had obtained good charters from Gruffudd for her claims of dower in Corwen and Edeirnion. She also had the income from two bond vills in Caernarfon and the income from the lands of her children. Between 1277-82, therefore, Margaret was living high on the hog. It wouldn’t last.

[Yes, I'm aware that is not a medieval train...]

No comments:

Post a Comment