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doubt. May the Cymry enjoy their language, customs, and innocent pastimes, till time be no more!

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This beautiful stanza is an extract from a Song, written by Mrs. Hemans, (for the first volume of Welsh Melodies,) to the air of " Ar hyd y nos," entitled, "The Sea-song of Gavran." [The national air of " Ar hyd y nos" reminds us of that peculiar characteristic of the Welsh Harp which it did not enter, perhaps, into Mr. Parry's purpose, when treating the matter in a mere historical view, to discuss. We allude to the particular plaintiveness of its tones, or, to speak more correctly, of the airs, which are adapted to it. This is, certainly, the great and supreme distinction of the favourite instrument of the Cymry, and may help, a good deal, to guide us to a correct knowledge of the character of the people, with whose souls these soothing, tranquillizing, and almost disspiriting sounds appear to have been so congenial. However, this is not the place for a philosophical inquiry into the subject: we shall, therefore, close our remarks with a couplet, by Davydd ab Edmwnd, a Welsh poet of the fifteenth century, which happens to be much to the point. It is thus:

"Nid oes nag angel, na dyn,
Nad wyl pan gano delyn."

The following is a humble translation :

Of men on earth, or saints on high,
When Cymru's harp-notes stray,
Who doth not feel the tearful eye
Yield to the melting lay?-ED. TR.]

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THE TRIADS of DYVNWAL MOELMUD, called THE TRIADS OF THE SOCIAL STATE†, as comprising the RIGHTS and DUTIES of the CYMRY, such as they were before they lost their Privileges through the oppression, fraud, and treachery of the Saxons.

1. THE three fundamental principles of a social state: privilege, possession, and mutual compact‡.

* The Triads, here translated, are taken from the Archaiology of Wales, vol. iii. p. 285, where they form a part of many of a similar nature, published in the same work, under the general denomination of " Triads of Wisdom of the Bards of the Isle of Britain." Strictly speaking, therefore, these are not the "Law Triads of the Ancient Britons," which occur in a subsequent part of the same volume of the Archaiology. However, it has been thought advisable to retain the title adopted by Mr. Roberts. Dyvnwal Moelmud, to whom these Triads are ascribed, (though the justice of this imputation may reasonably be questioned,) is thought to have lived about four centuries before the Christian era. According to the Historical Triads, he was the son of Dyvnwarth ab Prydain, and, according to the British Chronicles, the son of Clydno, a prince of the Cornish Britons. For translations of the Triads relating to him, see the CAMBRO-BRITON, vol. i. pp. 45, 284; and vol. ii. pp. 145, 146. It may be proper here to add that this translation, from the pen of a distinguished Welsh scholar, was presented to the CYMMRODORION by the Right Hon. C. W. W. Wynn, to whose active interest the Society has been considerably indebted. The translation is printed literally from the MS. of the late Mr. Roberts; and such observations as may be deemed necessary to explain the text will be found in the following notes.-ED. TR.

†The original words, here rendered "social state," are gwladoldeb a chydwladoldeb, which appear to imply the general rights appertaining to a country and community. The words adopted in the translation are, therefore, perhaps as near as the English tongue will allow, though not fully expressive of the meaning of the Welsh.-ED. TR.

The Welsh word is cyvraith, which implies, in a popular sense," law." Ac

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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 justice§.

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. ++ Or "truth" (gwirionedd).-ED. TR.

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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 law; 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 privileget with respect to honest men and their property; injury§, 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 anmrawi.-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.

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"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 Tuir 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.

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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 placet, 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 Hy wel, 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. S 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.

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