British Rights to the Highway : Molmutine Laws
Just a little before King Alfred it seems
The
Molmutine Laws were established in Britain by King Dunvallo
Molmutius (Welsh Dyfnwal Moelmud), according to Geoffrey of
Monmouth. Dyfnwal Moelmud is referred to in Welsh tradition, predating
Geoffrey’s work, as a lawmaker but there are no native sources for
Geoffrey’s elaboration of that tradition.
One of the Molmutine
Laws, according to Geoffrey’s account, declared that the temples of the
gods and cities should act as sanctuaries from death. Furthermore,
anyone who flees to a temple for being accused of a crime must be
pardoned by the accuser upon departure from the temple. This law soon
included all roads leading to temples and all farmers were declared safe
from such crimes.
According to Geoffrey’s account, King
Molmutius borrowed many of his laws from the Trojans who settled in
Britain before him. One such Trojan/Molmutine law allowed the reign of
queens.
Iolo Morganwg’s triads
At the end of the 18th
century or beginning of the 19th, antiquarian forgerer Iolo Morganwg
claimed to have found a long list of Welsh triads giving the laws.
They include :‘There are three tests of civil liberty; equality of rights; equality of taxation; freedom to come and go.
‘Three things are indispensable to a true union of nations; sameness of laws, rights and language.
‘There are three things free to all Britons; the forest, the unworked mine, the right of hunting.
‘There
are three property birthrights of every Briton; five British acres of
land for a home, the right of suffrage in the enacting of the laws, the
male at twenty-one, the female on her marriage.
‘There are three
things which every Briton may legally be compelled to attend; the
worship of God, military service, the courts of law.
‘There are
three things free to every man, Briton or foreigner, the refusal of
which no law will justify; water from spring, river or well; firing from
a decayed tree, a block of stone not in use.
‘There are three
classes which are exempt from bearing arms; bards, judges, graduates in
law or religion. These represent God and His peace, and no weapon must
ever be found in their hands.
‘There are three persons who have a
right of public maintenance; the old, the babe, the foreigner who can
not speak the British tongue.’
‘There are three things free to a
country and its borders; the roads, the rivers and the places of
worship. These are under the protection of God and His peace.’ (In this
law originated the term ‘The King’s Highway.’)
Note
Dunvallo Molmutius (Welsh: Dyfnwal Moelmud) was a legendary king of the
Britons as accounted by Geoffrey of Monmouth. He was the son of Cloten,
the King of Cornwall, and he restored order after the “Civil War of the
Five Kings”. He and his descendants were of a sub-branch of the
genealogical line of Brutus, the dominant line having ended with Porrex I
before the civil war.
Dunvallo was the King of Cornwall during
the war created in the power vacuum left by Porrex I. He was braver and
more courageous than all the other kings in the war. He defeated Pinner,
the king of Loegria. In response, Rudaucus, king of Cambria, and
Staterius, king of Albany, allied together and destroyed much of
Dunvallo’s land. The two sides met in battle and were stalemated.
Dunvallo then took 600 of his men and himself and dressed themselves in
the armour of the dead enemies. They led a charge deep into enemy lines
where they killed the two kings. After this battle, Dunvallo destroyed
the remaining defenses of the kings and pillaged their lands.
Following
the defeat of the rival kings, Dunvallo created a crown like that of
his predecessors and claimed the throne of Britain. He created a set of
rules for the kingdom called the Molmutine Laws which lasted for many
centuries. Also, robbery throughout the kingdom nearly ended for fear of
Dunvallo and his laws. He reigned in peace and prosperity for forty
years then died and was buried in the Temple of Concord, a tribute to
his laws, which resided in Trinovantum. His death sparked another civil
war between his two sons, Belinus and Brennius.
