DE LA ROYAUTÉ CHEZ LES BRETONS

I^/j. Wall., cod. Démet. T. I, L. I. Ch. V, % 8, p. 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 bave kingly privilège altached to them, though not actually 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 oblain possession of land, their privilège becomes merged in the privilège of the land they succeed to.

ibiiL, ood. Venec. T. I. L. I. Ch. XUII, % 15, p. 79.

The king is not to go with bis 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 bave, from every villain-trev, a man, a horse, and an axe to form encampments, at his own cost.

Ibid., cod. Démet. T. I. L. L Ch. XHI, S II> P. 3^-

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 bis office to the king; and let him never afterwards offîciate.

IbU., cod. Veoet. T. I. L. II. Ch. XII, g 8, p. 171.

No land is to be without a king. If it be abbey land, he is to hâve, if they be laïcs dirvy, and camlwnv, and anoobyr, and ebediw, and hosts, and thefl. If it be bishop land, he is to bave hosts and theft. If it be hospital land, he his to bave thefl and fighting. Ând, therefore, there is no land without him.

ibùf. T. I. L. II. ch. XVI , 8 6, p. ns.

Whoever possesses land upon the margin of the 8bore owns as much of the beach as the breadib of bis land ; and he may make a wear, or olher things, Ibereon, if be will ; but if the sea throw any things upon the land, or upon that beach, they belong to tbe king : for the sea is a pack-horse to the king.

ibid. cod. Dimet. T. I. L. II. Ch. XXIII, § 5, p. 54i.

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

Ibid. § 30, p. 553.

Whoever shall hide a thing in the land of another person by burying it, the board belongs to the owner of the land, unless it be gold ; because the king owns every hidden collection of gOld : with four légal pence, for ground-breach, to the owner of the land.

Ibid., cod. Guent. T. I. L. II. Ch. V. § 19, p. 694.

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

Ibid., cod. Démet. T. I. L. III. Ch. I, § 17, p. 593.

Whoever shall say that the king, or any one on bis part, either by privilège of office, or other privilège, bas committed oppression, conlrary to law, towards him ; heis to bave a verdict of country without delay concerniog it, and if the verdict certify that to be true he is to be immediately righted : and that is the chief gênerai institute between the lord and bis subjects, as a protection against the power of a lord.

ibid, T. II. L. V. Ch. II. s 1, p. 49.

Afler tbe taking of the crown and sceptre of London from the nation of the Cymry, and their expulsion from Lloegyr, they instituted an enquirity to see whom of them should be suprême king. The place they appointed was on the Maelgun sand at Âber Dyvi ; and thereto came the men of Gwynedd, the men of Powys, the men of South Wales, of Reinwg, of Morganwg, and of Seisyllwg. Ând there Maeldav the elder, the son of Ynhwch Unachen, chief of Moel Esgidion in Meirionydd, placed a chair cornposed of waxed wings under Maelgwn; so when the tide flowed, no one was able to remain, excepling Maelgwn, because of bis chair. And by that means Maelgwn, became suprême king, with Aberfraw for bis principal court ; and tbe earl of Mathraval, and the earl of Dinevwr, and the earl of Caerllion subject to bim; and his Word paramount over ail; and his law paramount, and he not bound to observe their law. And it was on account of Bfaeldav the elder, that Penardd acquired its privilège, and to be tbe eldest canghellorship.

Ibid, T. II. L. Xin. Ch. II, s 175, p. 544.

There are three raiths of law : the sovereign raith of convention of kindred of country and federate country for Lawgiving, by enacting, or abrogating, or improving of law, and which is called the raith of sovereignly and federate country; secondly,

Ihe raith of oountry, wich is called the railh of three hundred pereons; thirdly, the raith of court, and Ihat îb 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 unto fifty persons.

Ibid. T. II. L. XIII. Ch. II, § 176.

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 a convenlional court of sovereignty and federate country, and that suprême over the other two.

Ibid., coa. Veoed. T. I. L. II. Ch. XI, $ 10, p. 141.

Ând at the time appointed itisright forevery person to corne upon thatland, ihey and their aid ; and then it is right to form-two parties, and sit legally. The légal form of sitfing is as follows : fîrst, the king, or his représentative, with his back to the Sun or to the weather, lest the weather incontmode his face; and the judge of ihe court, or the judge of the cymwd, whoever is the oldest, is to sit before him; and at that persou's lefland, the other judge that may be in the field, or the judges; an^ upon his right hand the pnest of priests, if there be any in the field; and uext the lord, or his représentative, the two elders, and then his gwrdas in succession on each aide 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 ihe 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. Ch. IV, § 10, p. 26.

Whoever may will to go to law with another, must, in the fîrst 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 wealher, 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 défendantes party with their right hand to the passage, and the plaintiff's 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 ses<ûons of the isle of Britain, under the protection of the kindred of the cymry : a session of bards, which is the oldest in its origm ; a session of country and lord, that is, a court of law and judicature, being an asaembly of judges and raith judges ; and a session of federate support, that is, a convenlional session of country and border country, consisting of princes, chiefs of kindreds, and the wise men

of a country and border country, for legislaUng as lo mutuel judicalure aod law iu country and federate country, and between country and border country, by the mutual sensé, and consociation, and conciliation of country and country, prince and prince, raith and raith, for the right, tranquillity, and privilège, that ought to prevaii in country and federate country : and a weapon is not to be bared in such sessions within their jurisdictions, nor in opposition to their times of assembling.

Ibid, T. 11. L. Xm. Ch. II, % 61, p. 496.

There are tbree sessions according to the privilège of the country and kindred of the cymry. First, the session ôf the bards of the isle of Britain, and their foundation and privilège rest upon reason, nature, and cogency; or, [according to other teachers and wise men, upon reason, nature, and circumstance. Ând the privilège and office of those protected by the session of bards are to maintain and préserve and diffuse authorized instruction in the sciences of piety , wisdom , and courtesy ; and to préserve mémorial and record of every thing commendable respecting individuels and kindred; and every avent of times; and every natural phenomenon; and wars; and régulations of country and kindred ; and punishments ; and commendable victo^ ries ; and to préserve a warranted record of généalogies , marriages , nobility, privilèges, and customs of the kindred of the cymry : and to attend to the exigencies of other sessions in announdng vs^hat shall be achieved, and what shall be requisite, under lawful proclamatioa and warning : and further than this there is nothing either of office or of privilège attached to a session of bards. Therefore the bards are 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, (o each one his Qve 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 law, 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 fede^ rate support makes a law, where an occasion requires , and confîrms it in a country and federate country ; and Ihat is not allowed to a country distinct from a federate country. The session of judgement and judicature décides upon such as shall transgress the law, and punishes him. And the session of the bards teaches commendable sciences, and décides respecting them, and methodically préserves ail the memorials of the nation to insure their aulhenticity. And it is not right for any one of thèse sessions to intermeddle with the délibération of either of the other two, but to conBrm them, and to support them regularly. The third session, or that of federate support, in its original and determinate purpose is to effect what may be necessary as to any thing new, and as to the improvemeiit of the laws of a country and federate 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 federate community : and he is to raise the mighty agitation ; and is word is superior to every other word in the agitation of the country.

Jbid. T. 11. L. XIII. C. Il, § 62, p. 496.

There are three sessions of emergency. A functionary authorized by law purposlng

a régulation in the territory of his lord , to invesligate a décision , or disputes , or injustice, such as the aitering or opposing the laws of the king; such purpose is to hold a particular session, or convention of counlry and kindred, as a raith where there shall be call and occasion ; and the country is not to oppose the functîonary effecting the purpose ; for to 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 to time, place, and intention, and as to victuals, and drink, and sheiter, and rest, and fire, and other conveniences. Secondly, a session of raith of country, by chief of kindred , on accouot of a plaint of injustice and breach of law by the king and his judges; or, where law cannot be oblaîned to afford clear and permanent right; and where that shall be, it is right for every innate 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 agilate sovereipty; and to every innate cymro that privilège pertains, under the protection of the privi^ lege of his chief of kindred. Ând the oaths of three hundred men legally qualified, or those who hâve a title as landed proprietors , are to confirm what is donc 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 bas a right to his voice, and his plaint, and his claim, by natural reasbn, 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 has a 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 , ând 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 to 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 law* fui proclamation and warning of a year and a day, to hold a session of raith, with the knowledge of country and kindred , for mulual délibération, as to what may be wrong, and for the righting of it by a proper mutual décision , and discuss the agitation 80 far as there may be just and necessary occasion. Ând 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. Cb. Vlll, g I, 2, 3, 5, 6, 7, p. 134*196.

4. Whoever shall make a légal coniract, let the two contractors corne together, and dedare thelr contract in the manner they will it to be performed ; and let Ihem

empower the contract-men to enforce the contract in Ihe fonn they 8hall hâve mentioned.

2. If a person make a contract, and he ^illelh not to keep it, yet will not deny the contract; the lord is to compel him to keep it, as the contract-men shall déclare.

3. If a person willeth to deny is contract, and another pressthe contract upon him, and he himself deny it; the law says, that he is only to be put to his own oath to deny it, unless there be a counter-oath against him : if there be a counler-oath , let the claimant call for judgement ; and then there are required the oaths of seven to deny it, in the manner that surety is denied ; and the time for a raith for a surety is 6tting in this case.

5. If a person make a contract with another, without contract-men being présent, only by mulually pledging of hands, and one of them be minded to deny it; his own oath only is required to deny it.

6. If a person bind himself for any thing by promise to another, in the présence of witnesses, and sabsequenlly willeth to deny it; we say that he is not to deny it, unless the other's witnesses shall fail.

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

Ibid. T. I. L. n. Ch. II, s 42, p. 162.

A witness is to swear, that what he affirmes is tnie ; and that it is not trough hatred, nor trough enmity, that he swears; and therefore, since a witness may cause injury to a person, he can be objected to by that person.

Ibid. T. II. L. Vni. Ch. I, § 13, p. 132.

A witness is, a person to whom shall be testified the discourse spoken in his présence.

ibid. T. I. L. II. Ch. I, s 43, p. 162.

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

Ibid., cod. Démet. T. I. L. II. Ch. VU, § 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.

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

22. The worth of his saraad is thrice nine kine, and thrice nine score of silver.

23. The worth of the member of a chief of kindred, that is to say, his relative, is six score and six kine with three augmentations.