‹ Histoire des peuples bretons dans la Gaule et dans les ãiles britanniquesChapitre 61 sur 68 · DB9 IN8TITDTION9 LOCALES · texte numérisé non relu

DB9 IN8TITDTION9 LOCALES

i w.ii. t. n. n. 1:0. p. 545.

« There are three courts of l.iw : a oourl of a cantrev and cymwd ; a Buperior courl

or a court of lord, orking with htsdomimon; ami a convenlional court ofsovereignlj and fédérale country. anJ that suprême over the othor two. »

Ibid., n. I75j p. 545,

a There are tliree raith* of law : the BOVereign railh of convention of kindred 1 f country and fédérale country for law giving by enacting, or abrogating, or improving of law , and wiih is called Ihe raitb of sovereignty and federate country; secondly, the raith of country, wieli is called llie raitli of three hundred pcrsons; thirdly, the raith of court, and that is by judges or elders of a country or kindred under the protection and under the privilège of the court that shall give it, from seven unto fifty perse-

nu., n. 1. p. 365.

Whon Howel the good, king of cymry, modified the laws of kymru he permitted various privilèges to various persons of his kingdom. And, in the lirst place, he permitted every ecclesiastical lord, such as the archbishop of Menevia, or others bishops and abbots, royal privilège for holding pleas among their laies, by the common law of kymru. And likewise. he permitted every chief, to whom there might belong a cymwd, or cantrev, or more, to hold a daily royal court of privileged officers, is number as he should deem proper, in a similar manner to himself; and privilège to hold a royal court of pleas in his country, among his uchelwrs. And he permitted every uchelwr to hold his own land according to the privilège, and to rule his bondmen according to conditional bondage in South Wales, and perpétuai bondage in Gwyned. The king's villains are to be regulated according to the privilège and law of the taeogtrev in which they may dwull, and that according to bond service and rent.

AnJ. likev. ise, he allowed to every one without land or office the natural privilège he was born with.

Ibid. T. l, n. 110, p. 469.

There are three kinds of judges in kymru, according to the law of Hywel the goo;l : a judgeof the suprême court by virtueof office, continually with the Iringsof Dinerwr and Aberfraw : and one judge of a cymuJ or cantrev, by virtue of office, in every court of pleas, in Gwynedd and Powis; and a judge, by privilège of land , in every court of a cymwd or cantrev , in South Wales; that is to say, every mener <>f land. I y officiai judge is to hâve four légal pence for every judgment, of that ainount in value, from the party in whose favour he décides; a judge par privilège of his land, however, is not to hâve worlh for his judgement; because it is a service attachai to the land.

Ibid. T. FI. L. X. Ch. XV, § ■>, p. 371. The second is, that a plaint of galanas cannot be proseculed, except in the présence of the king, or whoever shall hold a court instead of the king ; for power has not been conceded to anyone locompel full rétribution for galanas, but to him who should be lord over ail, that is the king : because it does not accord, by law, to sue from court to court, in pursuit of the same matter; therefore, that cause is to go to a conventional court a third of every galanas, of winch the king shall compel payaient, is awarded to him, in lieu of punishment, for enforcing the other portion for the kindred, as the law shares among them.

Ibid. T. H. L. X. Ch. XIII, § 3, p. 307.

Hence a man of a court is not to carry his suit to the church, more than a man of the church to ths court : because the sword enforces the rights of the crozier.

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