DE LA ROYAUTE CHEZ LES BRETONS

Leg. Wall., lod. Démet. T. I, L. I. Ch. V, § 8, |». 351.

There are three kinds of persons a king, a breyr, and a villain, with their near relations. The near relations of the king are such as hâve kingly privilège altached to them, though not actualiy possessing it; and, of ail those, the most royal is the edling; for he is placed in the station of presumptive heir to the kingdom in the session of the court : nevertheless, when they obtain possession of land, their privilège becomes merged in the privilège of the land they succeed to.

Ibid., cod. Yenet. T. I. L. I. Ch. XLIII, § 15, p. "79.

The king is not to go with his host out of the country, except once a year : but they are to attend the king in his own dominions whenever he shall please. The king is to hâve, from every villain-trev, a man, a horse, and an axe to form encampments, al his own cost.

Ibid., cod. Démet. T. I. L. I. Ch. XIII, § 11, p. 369.

If any one shall accuse the judge of having pronounced a wrong judgment against him, let them both deposit their pledges in the king's hand; and if the judge be condemned and that by a written law; he is to pay the worth of his tongue and his office to the king ; and let him never afterwards officiate.

Ibid., eod. Venet. T. I. L. II. Ch. XII, §8, p. 171.

No land is to be without a king. If il be abbey land, he is to hâve, if they be laïcs dirvy, and camlwrw, and amobyr, and ebediw, and hosts, and theft. If it be bishop land, he is to hâve hosts and theft. If it be hospital land, he his lo hâve theft and fighting. And, therefore, there is no land without him.

WTI"M<lt r. lOo

/ . :. t. i i ». et wi.§ ti, p. na

WlkH'vt'r i". as esee land upoo the margio of Ibe sbora ovi us as mucb of ilio beach as the hraadlh of his land ; ami he ma] make a wear, or oiber ihmgs, thereon, if be will ; but if the sea tlnou ,iny thiDgs upon Ihe laml, or upoo tliai beach, Ihej belong to the kini; : for ibe sea is a pack-horse to ibe Iriag.

ML eod Dimot. T. i i .. il t h. XXlll, $ :,, p. Mi.

Aftor brolhere aball bave Bbared their patrimony between them if une of them die, without leaving an hoir of his body, or co-heir, to a third cousin the king is to bu the heir to thaï land.

Ibid. § 30, p. 503.

Whoever shall bide a thing in the land of another perron by burying it, the hoard

belong to the owner of the land, unleàS it be gold ; because the king owns every

hidden coUecliOB of goU : w ith four légal pence, for ground-breach, to Ihe owner of

the land.

Ibi.l., «nL Gueui. T. I. !.. II. cii. v. £ 19, p. 694.

The third of every galanas belongs to the king; for, lo him pertains the enforcing of it, where the kiudred may be unable to enforce it.

Aid., ohI. Démet. T. I. I.. III. Cli. I, £ I". p ">93.

Whoever shall say lhat the king, or any one on his part, either by privilège of office, or other privilège, bas committed oppression, contrary to law, towards him ; heis to bave a verdict of country without delay concerning it, and if Ihe verdict certify thaï to be Une he is lo be immediali-iy rigbted : and lhat is the chief gênerai institute between the lord and his subjecls. as a protection Bgainst the power of a lord.

/ T. il. t.. v. Ch. II. S i. p- i'1- Afier the taking of the crown and sceptre of London from the nation of theCymry, and their expulsion from Lloegyr, Ihey instituted an enquirily to see whom of them should be suprême king. The place they appointed was on the Maelgun sand at Aber Dy\i ; and thereto came the men of Gwyneld, the men of Powys, the men of South Wales, of Reinwg, of Morganwg, and of Seisyllwg. And Lhere Maeldav the elder, ihe son ofTnhwcb Doachen, chief ofHoel Bsgidion in Meirionydd, placed a chair composed of waxcd wings under Maelgwn; so when the tide flowed. no one was able to remain, excepting Maelgwn, because of his chair. And by lhat means Maelgwn, became suprême king, witfa Aberfraw for his principal court; and the earl of Malhraval, and the earl of Dinevwr, and Ihe earl of Caerllion subject to him; and his word paramount over ail ; and nia law paramount, and he not bound lo observe their law. And it was on account of Maeldav Ihe elder, that Penardd acquired ils privilège, and to be the eldest canghellor-hip.

Uul. T. II. !.. XIII. Ch. Il, g 176, p. MA.

There are three raiths of law : the aovereign rnilh of convention of kindred of country and federate country for Lawgiving, by enacting, or abrogating, orimproving of law, and which i-= called the rnilh of aovereignly and fédérale ronntrv ; MCOndly,

iO() APPENDICE.

the raitli of country, wich is called the railli of ihrce hundred pcrsons; thirdly, the raith of court, and tliat 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 persons unlo fifty persons.

Ibid. T. It. L. XIII. Ch. II, § 17(>.

There are three courts of law : a court of a cantrev and cymwd ; a superior court, or a court of lord, or king, with his dominion; and aconventional court of sovereignty and federate country, and that suprême over the other two.

Ibid., cod. Vcned. T. I. L. II. Ch. XI, § 10, p. 144.

And at the time appointed it is right for every person lo corne upon that land, they and their aid ; and then it is right to form-two parties, and sit legally. The légal form of sitting is as follows : first, the king, or his représentative, with his back to the sun or to the weather, lest the weather incommode his face; and thejudge of the court, or the judge of the cymwd, whoever is the oldest, is to sit before him; and at that person's left and, the other judge that may be in the field, or the judges; and upon his right hand the pnest of priests, if there be any in the field; and ncxt the lord, or his représentative, the two elders, and then his gwrdas in succession on each side of him : then a passage for the judges, opposite them, to pass and repass to their judgment seat : then the pleader for the plaintiff, with his left hand to the passage; next to him, in the middle, the plaintiff, and his guider on the other hand ; and an apparitor standing behind the pleader : and the other party on the other side of the passage; nearest to the passage the pleader for the défendant, with his right hand to the passage ; and the défendant next to him, in the middle, and his guider on the other side of him; and an apparitor behind him.

Ibid. T. II. L. IV. Cli. IV, § 10, p. 26.

Whoever may will to go to law with another, must, in the first place, give surety to abide the law; and afterwards sit legally. The following is the légal form of sitting in the lord's court, on the appointed day : the king is to sit with his back to the sun or to the weather, so that is face may not be to the weather, having his two elders, one on each side of him ; then his gwrdas around him ; his judge of the court before him ; the judge of the cymwd on one side of him; and the priest on the other side ; and a passage fronting him, for him to go and corne to his judgment seat : and the two parties to be ranged on each side of the passage ; the two pleaders on each side of the way ; the two suitors in the cause in the middle ; and the two guiders on each extremity ; the defendant's party with their right hand to the passage, and the plaintifFs party with their left hand to the passage; and the two apparitors behind the two pleaders.

Ibid. T. II. L. XIII. Ch. XII, § 59, p. 492.

Three privileged sessions of the isle of Britain, under the protection of the kindred of the cymry : a session of bards, which is the oldest in its origin ; a session of country and lord, that is, a court of law and judicature, being an assembly of judges and raith judges; and a session of federate support, that is, a conventional session of country and border country, consisting of princes, chiefs of kindreds, and the wise men

Mil M'H I . 107

oi >» ooualry ud border country, for legislating as to mutuel judicature and law in country and fédérale counlry, and between country and border country, by the mutual Beoae, and consocialion, and conciliation of counlry and country, prince and prince, raith and raith, for the right, tranquillity, and privilège) iliat ought to prevail in country an 1 foderate counlry : and a weapon is not lo bc barcd in such sessions within Ibeù* juriadictions, nor in opposition to their limes of assembling.

IM. T. II. L XIII. Cli. II, ^GI, p. 486.

rbere are three sessions according to the privilège of ihe country and kindred of tbe cymry. First, the session of tbe bardsof the ialeoffiritain, and their foundation and privilège reat opoo reason, nature, and cogency; or, according to otlior teachers and wise mon. npon reason, nature, and circumstance. And the privilège and office of tbose protecled bj the Bession of bards are lo maintain and préserve and diffuse authorized instruction in the sciences of piety, wisdom, and courtesy; and to préserve mémorial and record of cvery thing commcndable respecting individuals and kindred; and every avent of limes; and evcry natural phenomenon; and wars; and régulations of country and kindred; and punishments; and commcndable victories ; and to préserve a warrantée! record of généalogies , marriages, nobility, privilèges, and cusloms of the kindred of the cymry : and to attend to the exigencies of other sessions in announcing what shall be achieved, and whal shall bc requisitc, under lawful proclamation and warning : and furlher than this there is nothing either of office or of privilège attached lo a session of bards. Thcrcforc the bards arc authorized teachers of the country and kindred of the cymry; and they hâve émolument secured by their office, other than they are entitled to by being innate cymry, that is, lo each one his five free erws, besides the rewards of art secured to each of them. Second , the session of the country and common weal; or the session of judicature and décision of lavv, for the right and protection of the country and kindred , their refugees, and their aillts. Thèse sessions act severally ; that is to say, the session of federate support makes a law, where an occasion requirea, and confirais it in a country and fédérale country ; and that is not allowed to a country distinct from a fédérale country. The session of judgement and judicature décides upon such as shall transihe law, and punishes hini. And the session of the bards teaches commcndable sciences, and décides respecting them . and inetliodieally préserves ail the mcmorials of the nation to insure their authenticity. And il is not right for any one of thèse sessions to intermcddle with the délibération of either of the other two, but to confirm them, and to sup(>ort them regularly. The third session, or thaï of fédérale support, in its original and determinate purjKise is to effect what may be necessary as to any thing new. and as to the improvement of the law s of a country and fédérale country, by a federate raith of chiefs of kindreds, wise men, and sovereign ruler. A sovereign prince, or ruler of paramount right, is the oldest in possessive title of the kings and the princes of a fédérale community : and lie is to raise the mighty agitation ; and is vvord is superior to cvery other word in the agitation of the country.

lbi.l. ï. 11. I,. XIII. C. Il, g o>. p. i«J8.

There are three lisions of emergency. a funclionary authorized by law purposing

'lOS APPENDICE.

a régulation in tho territory oi' his lord, to investigatc a décision , or disputes, or injustice, such as the altering or opposing the laws of the kingfsuch purpose is to hold a particular session, or convention of country and kindred, as a raith where there shall be call and occasion; and the country is not to oppose the funclionarv effecting the purpose ; for lo no one does the privilège pertain but to the lord of enacting a law, and neither is that privilège invested in him, but with the consent of his country and kindred in convention; and there cannot be a convention without régulation as lo time, place, and intention, and as to victuals, and drink, and shelter, and rest, and fire, and other conveniences. Secondly, a session of raith of country, by chief of kindred , on account of a plaint of injustice and breach of law by the king and his judges; or, where law cannot be oblained to afford clear and permanent right; and where that shall be, it is right for every innale cymro to hâve is raith; and upon his chief of kindred dépends the agitation of sovereignty, with the support and assistance of his kindred and his wise men ; and the country ought not to oppose him, for it is the privilège of a chief of kindred to agitate sovereignty; and to every innate cymro that privilège pertains , under the protection of the privilège of his chief of kindred. And the oalhs of three hundred men legally qualifiée!, or those who hâve a title as landed proprietors, are to confirm whal is done by raith of country on the agitation of a man who is an innate cymro, under the protection and privilège of his chief of kindred. For every cymro has a right to his voice , and his plaint, and his claim, by natural reason, under the protection and privilège of his chief of kindred ; and every chief of kindred has a right to his country and his raith ; and, where demanded, every raith has a right to its sovereignty ; and every sovereignty basa right to its federate country in conventional raith, lest there should be suffered what would exclude law and the privilège of a community ; and in this sort of protection , the privilège of every innate cymro is his country, and his raith , and his sovereignty, and his federate country in convention. The third is for the purpose of deliberating as to the merits of two , or more , laws, where one shall be established as équivalent to the other; and from circumstances of times, and changes of the world, life , and gênerai matters, injustice may be prévalent in the one more than the other; and right cannot be established before the wrong is known, and right ought not lo be established without the knowledge of country and lord; and neither should the lord and his country so do, but with the knowledge and consent of the federate country according to custom. For thèse considérations it is right, under lawfui proclamation and warning of a year and a day, to hold a session of raith, with the knowledge of country and kindred, for mutual délibération, as to what may be wrong, and for the righting of it by a proper mutual décision , and discuss the agitation so far as there may be just and necessary occasion. And where a law shall be altered, it will be necessary to warn the country and kindred properly, that they may be enabled to recognize what is substituted in the place of what is altered.

Leg. Wall., cod. Vened. T. I. L. 11. Cl.. VIII, § 1, 2, 3, 5, G, 7, p. 134-136.

I. Whoever shall make a légal coniract, let the two contractors corne together, and déclare their Coniract in the manner they will it lo be performed ; and lel Ihem

W'I'KNDICE. 409

ampower ibe contract-men to eaforce the contract in ihe form they Bhall lune mentiooed.

2. If a pereoo make a cootrect, aad ta willeth not (o Iceep it. yct will not deny the contract ; Mm lord ta to compel Inm to Iceep it, as the contract-men Bhall déclare.

3. It" a peraoB willeth to denj ia contract, and another press the contract upon him, tad he himself deny it: the law sa\s. thaï be ia only to be put to lus own oalh to deny it, onteaa there be a counter-oatb against him : if Ihere 1h> a counler-oath , lel Ihe claimant call for judgemenl ; and thon there are required the oatha ef Beven to deny it, in the manner thaï suret] is denied; and the lime for a raifh for a Borely is fitting in Ihis case.

5. If a person make a contract with another, wilhout contract-men being présent, only by mulually pledging of hands, and une of them be mînded to deny it; his own oatli only is required to deny it.

6. If a person bind himself for any thîng by promise lo another, in the présence of witnesses, and suhsequently willeth to deny it; we say that he is not lo den\ it, unless the olher's witnesses shall fail.

7. If a person make a promise to another, conceming a thing, without witni présent, that is no contract ; and since no contract, let bim deny on his own oath.

Ibià. T. I. L. II. Ch. H, §42, p. ll>->.

A m itness is to swear. thaï what he aflirmes is true ; and that it is not trough hatred, nor trough enmity. thaï be BWears; and Iherefore, since a wîtness may cause injury to a person, he can be objecled to by that person.

lii.t. T. II. L. VIII. Ch. I, S, 13, p. 132.

A w itness is, a person to whom shall be testified the discoursc spoken in his présence.

Ibid. T. I. L. II. Ch. I, § 43, p. 162.

A nod raith-man is to swear, that he considers the oath of tho person with whom he shall swear to be pure ; and if one nod man fail, the whole raith fails.

/W., co<l. Démet. T. I. L. II. Ch. VII, § 20, p. 500.

20. Let one choose every one choose his saraad; whether by the privilège of his chief of kindred, or by his own privilège, or by the privilège of his office, if such there be to him.

21 . The galanas of a chief of kindred is to be paid by thrice ninc kine and thrice nine score kine, with three augmentations.

The worth of his saraad is thrice nine kine, and thrice nine score of silver. 23. The worth of the memberof a chief of kindred, that is to say, his relative, is six score and six kine with three augmentations.