2. The three fundamental principles of social compact: protection, punishment, and pre-eminence, in so far as each is beneficial to country and clan.

3. The three privileges and protections of the social state: security of life and person; security of possession and dwelling; and security of natural right*.

4. Three things that dissolve the social state: affection, fear, and connexions foreign to it.

5. Three things that confirm the social state: effectual security of property; just punishment where it is due; and mercy tempering justice where the occasion requires it in equity.

6. Three things that destroy the social state utterly: cruelty instead of punishment; mercy perverting justice through partiality; and fraudulent judgement where a native or a stranger is debarred of his right‡. 7. The three pillars of a social state: sovereignty, the law of the country, and distribution of justices.

8. Three duties that are incumbent on each of these three pillars: justice to all; privilege and protection to all; and competent regulations for the benefit of the community as to instruction, information, and record.

9. Three things that defend the social state: power, privilege, and just punishment according to the established legal manner. 10. The three elements of law: knowledge, natural right, and conscientiousness.

11. The three ornaments of the social state: the learned scholar; the ingenious artist; and the just judge.

12. The three proofs of a judge, (that is, of his capacity as a judge) knowledge of the law; knowledge of the customs, which the law does not supersede; and knowledge of its times and the business thereto belonging**.

13. Three things which a judge ought always to study: equity†† habitually, mercy conscientiously, and knowledge profoundly and accurately.

cording, however, to its etymological construction, the meaning above given is accurate. In the Law Triads it is defined as "a just establishment that is made between a king and his subjects."-ED. TR.

*The word, here rendered" security," is nawdd, which appears to be synonymous with the patrocinium of the Romans, and, occasionally, with their asylum; in both which acceptations it occurs in the Laws of Hywel. See "Leges Wallica," by Wotton, pp. 14, 15, 118, &c.-ED. TR.

The word in the original, translated by "connexions foreign to it," is cymmudd. -ED. TR.

Literally it should be-" and a false judgement, whereby a man loses his natural protection, (nawdd,) whether he be a native or an alien."-ED. TR.

More properly, the "office of a judge," or "legislature," (yngneidiaeth.)—ED. TR. This is a note of the Translator, as are all the parenthetical observations in italics. -ED. TR.

Qu. terms?-ED. TR.

** Prawv Ynad, the Judge's Proof, forms the title of the third book of the Laws of Hywel See Wotton's "Leges Wallica," p. 186. And this book it was necessary every judge should thoroughly understand before he undertook the office.-ED. TR. tt Or "truth" (gwirionedd).-Ed. Tr.

14. Three things necessary to a judge, in order that he may know and conscientiously determine any claim or plea brought before him to be earnest in his own zeal for the truth, and in searching it out by his own natural abilities; to inquire diligently so as to find out the truth from others*; and to be subtle in examining, so as, in any cause brought into his court, to discover deceit, which, otherwise, though he were conscientious, might mislead his decision, and pervert justice: for a judge ought to be thoroughly clear in his knowledge of the cause brought before him, in order that his decision may be just and conscientious.

15. The three chief duties of sovereignty: an honourable mutual support (on the part of sovereign and subject); confirming instruction in the sciences of the country, (the constitutional principles,) so that the support may be according to prescription and lawt; and confirming the privilege of those who perform their just duties in clan and community, and also that of foreigners in protection of the community.

16. The three molestations of a state dissociability, that is to say, breach of privilege‡ with respect to honest men and their property; injurys, such as theft, murder, way-laying, or oppression contrary to law or prescription; and negligence, that is, inattention|| to regular times, business, and duties, which are above the law and cannot be infringed otherwise than by common consent of country and sovereign, after their examination of past experience and of the necessity and advantage of any alteration.

17. Three things primarily honourable in a sovereign: protection of the good; punishment and prevention of evil; and a careful discrimination between what is right and wrong in any cause, so as to give a just judgement.

18. The three guardians of law: a learned judge, a faithful witness, and a conscientious decision.

19. Capital inflictions of punishments are three¶ loss of life** ;

There seems to be a little omission here. The translation should be, literally, thus-" To be inquisitive as to obtaining knowledge from other persons, and by other means, that may lead to the truth."-ED. TR.

+"And according to country and sovereignty," should have been added.ED. TR.

More properly, perhaps, "want of protection" (gwallymnawdd); and "dissociability," immediately preceding might have been more accurately rendered by " injustice" or " a failure of justice :" the Welsh word is anmrawd.-ED. TR.

The original is anrhaith, which may be translated here" violence." It means, generally, spoil or pillage, or any violent illegal act.—ED. TR.

"Want of consideration" appears to be a more appropriate version of the Welsh word gwallymbwyll.-ED. TR.

Properly speaking, capital punishment can only apply to loss of life: it would therefore have been better to render this passage by "The three supreme penalties of the law." The original words are merely Tair cosp gadarn.-ED. TR.

**The word here translated "loss of life" is eneidvaddeu, and implies, literally, the emancipation of the soul from the body. According to the Law Triads three persons were anciently doomed to capital punishment, without hope of pardon, or, as we should now say, "without benefit of clergy." These were-a traitor to his lord, a malicious murderer, and a confessed thief for the value of more than fourpence.ED. TR.

loss of limb; and exile by hue and cry of men and dogs*: and the king may direct which he pleases to be inflicted.

20. Loss of life may be inflicted three ways: by beheading, hanging, or burning; and the king or lord of the territory may direct which he pleases to be inflicted.

21. Punishments by distress are three: seizure of property, imprisonment, and forfeiture of privilege; when the privilege is forfeited, the person and his descendants to the ninth generation remain in the state of an alien.

22. Penalty by amercement is inflicted three ways: by seizure of property when it is not paid according to the demand; obliging the person to labour and service till security is given for the payment; and public correction, that is to say, a publication by horn and cry in every court, sacred place, fair, market, and regular assembly, of the offence for which the penalty was imposed. Neither of these three can be avoided but by a lawful payment of the

amercement.

23. Three pleas in bar against the infliction of capital punishment by court or judge that the accused is a mother who was, in the criminal case alleged, defending her child, or is a son who has not yet a beard, or is an alien who does not understand the language of the country.

24. There are three legal pleas on which capital punishment is remitted (essoigned): the incapacity, ignorance, or extreme necessity of the accused; either of these three excuse from and bar a capital punishment.

25. Three persons who are not to be subjected to punishment: one deaf and dumb from birth; a child before it attains understanding; and a natural fool, according to the common expression, "An ideot cannot be punished." But (instead of punishment) written notice on the royal posts or pillars§ must be given, and proclamation made, with a description of the persons of such deaf and dumb person or natural fool, that the public may be on their guard against them, and hence it is said, "The fool goes on the post.” 26. The three mutual ties of country and clan: paternity, filiation, and brotherhood; that is to say, paternity on the part of the government, in caring, directing, and providing for the welfare of the community; filiation in obedience to the paternity, for the sake of order and regularity; and brotherhood, in uniting with and

*What is here translated "exile by hue and cry, &c." is literally, "exile to outlawry by cry and pursuit of men and dogs." According to the Laws of Hywel, nine men, at least, were required to assist in a public hue and cry (cyrch cyhoeddawg);— and it appears from other ancient authority, that the pursuit was to be carried on until the culprit was driven into the sea.-ED. TR.

The word is camlwrw, which is often used in the Laws of Hywel in a more limited sense, and is there explained to be a fine of three kine or one hundred and eighty pence.-ED. Tr.

More properly here, perhaps, "village." The Welsh word is llan.-ED. TR. Mr. Roberts (the Translator) expresses his opinion here, that "there were two pillars before a court, and that this was the origin of the two blue posts before taverns for proclamations."-ED. TR.

aiding the other two in their respective capacities, so as to strengthen the connexion between country, clan, and regular government*.

27. The three ties of brotherhood† and clan: just liberty of ingress and egress; common rights; and just laws.

28. Three things becoming civil society: the sciences of wisdom; the useful arts; and the accomplishments of refinement.

29. The three supports of the arts and sciences: instruction given by teachers privileged and perfectly skilled; privileges conferred for the sake of the sciences or arts to those who are skilled in them; and rewards secured by law to men of science and artists for that which is regularlys done by them according to injunction or agreement.

30. The firm grounds of social agreement: clear and decisive argument, which cannot rationally be withstood; security of rights, which cannot justly be infringed; and steady distribution of justice, not to be perverted by one high in privilege or office.

31. Three things bring a state or community|| to ruin : exorbitant privileges; perversion of justice; and an unconcern, which suffers the regulations of country and clan to fall into disorder.

32. Three things that continue firm only so long as they are on firm grounds: law, property, and internal peace (peace of clan).

33. Three things essential to every law of general obligation: power, equity, and conscientiousness.

34. Three things essential to the giving of a just judgement¶: an active and sound mind; a firm adherence to the laws**; and a conscientious decision, whether by judge or sovereign.

35. The three primary considerations of sovereignty: the necessities of the country and its allies; the judgement of the wise; and the decision of the general voice of the state and its dependencies+t.

36. Three things indispensable to a state of society: a chief, as

*The original expression is teyrnedd dosparthus, which is, more correctly, "discreet government."-ED. TR.

+ The word is brodoriaeth, and perhaps means here "civil society," which "bro. therhood" can hardly imply. The Welsh term, translated " brotherhood" in the preceding Triad, is brawdoldeb, a word of different signification from bradoriaeth.— ED. TR.

This Triad was left untranslated by Mr. Roberts, since he considered it the same as No. 11; but this does not appear to be exactly the case.-ED. TR.

§ Perhaps discreetly" or " skilfully" would be better: the expression is yn ddosparthus.-Ed. Tr.

Gwladoldeb a chywladoldeb; " the state and community."-ED. TR.

¶Tri deivniogaeth barn gyviawn; "the three perfections of a just judgement."— ED. TR.

** Perhaps "a punctilious decision according to law" would be nearer the original expression, which is deddvoldeb gymmrawd ar gyvreithiau.-ED. TR.

tt Rhaith gwlad, here rendered "voice of the state," is described in the Laws of Hywel to mean the oath of fifty men who held lands under the king. And the Law Triads are to the same effect. See Wotton's "Leges Wallica," pp. 190 and 353. The word, here translated "dependencies," is cymmruwd, referred to in the last note, and which does not appear to have such a signification. The preceding word "allies"

king; law, enacted by the general voice of the country (rhaith gwlad); and administration of justice.

37. Three things indispensable to a civil community: a sovereign head; union of suffrage in legislation; and judgement by verdict collective from the union of common claim, whether in the native of the principal or adjoining country.

38. Three things indispensable to each of the three former : knowledge arising from common judgement of the circumstances; justice arising from conscientiousness; and brotherly love between country and united country, between a man and his countrymen, and between man and man. Where these are wanting, it is difficult to guard against great disunion and injustice.

39. The three primary objects of the social state: common defence; common privileges of sciences and arts; and the cultivation of the manners and usages of peace.

40. Three things that cannot be cultivated or improved save in a social state: agriculture; the privileged arts and sciences; and regular peace.

41. Three things that guarantee the peace of a fœderal country: primitive privileges (or constitutional principles) in common; a common form of government; and the cultivation of science*, protected equally in the fœderal country both by law and natural right.

42. The three ties of fœderation of a state: sameness of language; sameness of laws; and sameness of rights. Where these are not the fœderation cannot be firm†.

43. Three things that adorn a fœderation: laudable science; kind and steady conduct; and regular deportment in society.

44. Three things that constitute a country: kindred, language, and rights; and these are called the ties to a country.

45. The three bonds of society: sameness of rights; sameness of occupancy; and sameness of constitutional laws§. Without these a social state cannot subsist.

seems also to be somewhat incorrect as a version of cywlad. Perhaps the whole Triad would be closer to the original if it were thus altered :-"The three chief duties of sovereignty: an attention to the necessities of the country and its dependencies; to the discernment of the wise; and to the legal decisions and common judgement of the community."-Ed. Tr.

*Gwybodau doethineb," the sciences of wisdom."-ED. TR.

+ Perhaps this Triad would be more correctly rendered as follows:-" The three common bonds of civil society; a communion of language (cyviaith); a communion of judicial rights (cymmrawd); and a communion of privileges (cymmraint): and without these no civil society can be firmly established."-ED. TR.

The expression, here translated "kind and steady conduct and regular deportment in society," is syberwyd cariadus, a chymmrawd ddosparthus.-ED. TR.

The original words are cyvnawdd, cyvar, and cyvraith, which may be rendered "communion of protection, communion of tillage, and communion of laws." Cyvar seems to have implied, anciently, a kind of treaty of tillage or ploughing compact mutually agreed upon by two persons, in which sense it occurs in the Laws of Hywel, where it is prescribed that "whoever violates his cyvar, into which he has knowingly entered, shall forfeit, as a fine to the king, three cows, and shall indemnify his companion (cyvarwr) for all the loss he may have sustained."-See " Leges Wallica," p. 284. The ceremony of contracting this mutual obligation was somewhat solemn :the parties binding themselves by an oath, with their hands united, that they would