‹ Histoire des peuples Bretons dans la Gaule et dans les iles britanniquesChapitre 64 sur 75 · DIVISIONS TERRITORIALES. — MESURES DE TERRES · texte numérisé non relu

DIVISIONS TERRITORIALES. — MESURES DE TERRES

« lie (Howel) measured this Island from the promontory of Blathaon in Prydain to tbe promontory Penvaed in Gerny w ( Comubia) ; and that is nine hundred miles, the

length of this island; and from Crigyll in Mon to Soram on the shore of tlie Mor Udd, wîch is five hundred miles; and that is the breadth of this island. »

« The cause of his measuring the island was that he might know the tribote of this island the number of the miles, and its journeys in days. » {- « Ànd that measure DynnwaI measured by a barley corn ; three lengths of a barley corn in the inch ; three inches in the palm breadth ; three palm breadths in the foot; three feet in the pace; (hree pace in the leap; three leaps in a land, the land, in modem welsh, is called a ridge ; and a thousand of the lands is a mile. And that measure we still use hère.

« And then they made the measure of the légal erw by the barley corn : three lenghts of a barley corn in an inch ; three inches in the palm breadâi; three palm breadths in the foot, four feet in the short yoke; and eight in the field yoke; and twelve in the latéral yoke ; and sexteen in the long yoke; and a rod, equal in length to that long yoke, in the hand of the driver, with the middle spike of that long yoke in the other hand of the driver, and as far as he can reach with that rod, stretching ont his arm, are the two skirts of the erw, that is to say, the breadth of a légal erw; and thirty of that is the lenght of the erw. »

« Four such erws are to be in every tyddyn.

« Four tyddyn in every gavael.

« Four gavael in every trew.

ff Four trev in every maenol.

ff And twelve maenoli and two trws in every cymtod; the two trev$ are for the use of the king; one of them to be maer-trev land for him; and the other to be the king's waste and summer pasture; and as much as we hâve said above is to be in the other eymwd ; that is in number five score trevs ; and that is the ea/fUrev righUy : ten times ten is to be in every hundred; and numération goes no further that ten. »

43 this is the number of erws of the cantrev : four erws of tillage in every tyddyn; sixteen in every randir; sixty-four in every gavael; two hundred and fifty in the trev; one thousand and twenty four in every maenol; twelve thousand two hundred and eighty-eight in the twelve maenols ; in the two trevs which pertain to the court there are to be five hundred and twelve erws : the whole of that, when summed up, is twelve thousand and eight hundred erws in the cymwd ; and the same number in the other cymwd : that is, the number of erws in the cantrev is twenty five thousand and six hundred, neither more nor less.

4 i of the twelve maenols , which are to be in the cymwd, four are assigned to aillts to support dogs and horses, and for progress and dovraeth; and one for canghellor-fihip ; and one other for maer-ship ; and the rest for free uchelwrs.

45 and from those eight the king is to hâve a gwestva every year ; that is a pound yearly from each of them : three-score pence are charged on each trev of the four that are in a maenol , and so subdivided into quarlers in succession, until each erw of the tyddyn be assessed : and that is called the tune pound ; and the silentiary is to collect it annually : and a similar payment in full from the other cymwd : and thus the cantrev is complète. (Leg. Wall. T. I. p. 486, 487, n» 3 et suiv.)

DB LA PROPRiéTÉ.

Lcg. Wall. T. n. L. Xin. Ch. U, n. 51, p. 493.

Three peculiar appropriations of a man of a country io a social state, or who is a nation Gymro by originality of privilège : a house; a cattle-fold ; and a corn-yard.

Ibi(L, n. 5S.

Three exclusive appropriations of every man distinct from another, whether hebe an ailU, or a Gymro : a wife; children; and moveable property.

Ibùi. T. n, n. 4B, p. 491.

Three Ihings in common to a country an kindred; mast, woods; hunting; and an iron mine : and exclusive ownership is not to be daîmed to one or the other of them.

Ihid. T. II, L. XIV. Ch. 31, D. 9, p. 68a.

AU lands are to be shared but theese : a bog ; oak wood; and a quarry. And thèse érections are lo be in common among brothers : an orchard ; a mil! ; and a wear.

8UGGB8SION8.

Ug. Wall, cod. Dimat. T. I. L. H. Gh. S3, n. 5, p. 644; al T. n, n. 56 at 57, p. 847.

After brothers shall hâve shared their patrimony between them if one of them die, without leaving an heir of his body or co-heir, to a third cousin, the king is to be the heir to that land.

Ibùi. T. n. L. I. Ch. 5, n. 57, p. 448.

If a possessor of land die, without an heir of his body, or co-heir within the degree of cousin; the king is to heir to that land; second cousins bave the land of the nq>hew, and the nephew bas the land of the uncle who may die without an heir of his body : and a cousin bas not the land of another cousin, by law unless it bas been unshared between him and the dead , and for such the law is not extinct until the ninth man : and thence they are not of kindred, the proprietary being extinct.

ibid., ood. Venad. T. I. L. II. Ch. XVI, n. 3, p. 178.

The ecclesiastical law says again, that no son is to hâve the patrimony , but the eldest born to the father by the married wife : the law of Howel, however, adjuges it to the youngest son as well as to the oldest ; and décides that sin of the fother or his illégal act, is not to be brought against the son, as to his patrimony.

ibtd. T. II, u. 54, p. 449.

As a son is heir to patrimony, so a father is heir to the property of the son, unless be bave an heir ; and, in like manner, a mother to her daughter*s property.

Ug. Wall. T. II. L. II. Glu I, n. 56, p. 893.

loittria hominis de vulnere in pede dextro sexta pars est totius precii cum una elevatioDe; in manu dextra, cum duabus elevationibus ; in facie, cum tribus elevationibus.

Ibid. T. II, D. II, p. 370.

Land is not to be sold, nor setUed in perpetuîty, witbout the consent of brothers, and^cousins, and second cousins.

ibùi. T. I. U H. Cb. XXm, n. 36, p. 551.

À third cause for wich a person forfeits bis patrimony is, abandoning bis land, from being unable to bear the burden and the service attached thereto.

tbid, T. I, n. u, p. 546.

If there be land among a family unshared , and they should ail die, excepting one person, that one person is to hâve ail that and in common; and, if be should be unable to render the fuli services for that land, let the land vest in the Idng until be can render service for ii.

Ibid. MS. latin. T. II. L. II. Ch. XXV, n. U, p. 856.

Si quis calumpnîaverit terram, veniam cum omni parentela sua ; si hoc non fecerit, responsum ei non datur : si vero venerint et amiserint, non loquantur ultra in tempore illius domini; et si forte in exilio aliquis eorum fuerit tune temporis, et ille repatriaverit, nisi in primo anno terram suam calunmiaverit cum eam arari viderit, ei ultra non respondebitur.

ibid., tod. GncDed, DemeCe et Guent. T. I, p. 318, 408, 416, 688, 685, 700, 703 el tuiv.^

et T. II, p. 767 et suiv.

Ibid., cod. Gœnt. T. I. L. II. Ch. VIII, o. 1, p. 70a

One pound is the share of a brother.

Ibid,, cod. Démet. T. I. Ch. XXIII, p. 545.

If an owner of land bave no other hoir than a daughter, the daughter is to be heiress to the whoie land.

Ibid, T. u, u. 50, p. 851.

Très sunt femine que hereditatem matrum possunt habere : prima est illa que in pignore sit pro terra, et filium habeat dum sit pignus ille fîlius débet habere hereditatem matris sue : secunda est illa que data sit a génère homini hereditatem non habenti, fiiius taUs débet habere hereditatem sue matris : tercia est illacujus Glius amittet hereditatem suam, scilicet, ex parle patris, pro ultioM cognatis sue matris.

Ibid , codL Gwent, d. 18, p. G95.

If an iunale boneddig be a breyr's man when murdered the breyr haâ six kine of tho galanas from the homicide.

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