notion of early manners is farther confirmed by the proverbial expreffion, Cha chuirar gad air gealla, "A promife is not to be tied with a " withe." The Greek language has alfo preserved evidence of the inefficacy of verbal obligations. Пis fignifies faith or confidence, also a promife; and I fignifies a pledge; plainly importing the infufficiency of faith in confenfual engagements, without the intervention of fome fubject of real use.

*

NUMA built a temple to Faith and to Terminus, and taught the Romans, that to fwear by Faith was the most folemn of all oaths: "and this oath," fays Plutarch "they conti« nue to ufe to this day. Πρῶτον δέ φασι και Πίςεως και Τέρμονος ἱερὸν ἱδρύσασθαι, και την μεν Πίσιν ὅρκον ἀποδείξαι Ῥωμαίοις μεγιςον. ᾧ χρώμενοι μέχρι νῦν διατελευσιν.

THIS notion of early manners may be farther illuftrated by the antient Welsh laws. In Wotton's

collection of these laws it is exprefsly laid down,.

that a paction or agreement which took not immediate effect, was of no avail without an arbiter; that is to fay, fuch a paction produced not an action at law for making it effectual. An arbiter is explained to be a person of credit, who was capable of giving testimony concerning the agreement of parties. Whoever, therefore, were difpofed to enter into a paction or stipulation binding in law, must have followed a particular folemnity prescribed in all verbal contracts.. The contracting parties were ordered to appear before a refpectable perfon as arbiter, or witness of the agreement; and after expreffing in his prefence the terms of their agreement, they ufed the ceremony of putting their hands between those of the arbiter, promifing in that fituation to perform their refpective obligations..

§ 2. QUICUNQUE ftipulationem legitimam "facere voluerint, invicem congredientur, et "pactionem eo quo velint modo præftari expo

"nent,

“nent, et manibus fuis inter arbitri manus im"pofitis promittent fe partes fuas invicem eo quo ❝ polliciti fuerint modo expleturos.

"§ 3. CAUSA de pactis conventis inutilis est fine arbitro."

IN a note, Arbiter is explained to be, « qui →❝ testimonium dare poffit pacti initi *.”

IN contracts of greater moment, a more folemn ceremony was used. The parties met in a church; and there the junction of hands was performed.

66 §3. Si controverfia oriatur de pacto, ad ❝quod ratum faciendum fidem fuam aliquis adftrinxerit, lex ftatuit tale pactum inutile effe "nifi tres manus jungantur in ecclefia; quod "idem de fidejuffionibus pro debito et de cufto❝ dia et exhibitione reorum affirmandum eft.

* Leges Wallicæ, lib. II. cap. vi. § 2, 3, de pactis conventis.

"§ 4. ECCLESIÆ et regis officium eft cogere « homines paɛlum Briduw dictum obfervare; "cum enim Deus pro fponfore accipiebatur, ideo "ecclefiæ eft reum excommunicare, et regis eft "debitum exigere *."

THE paction conftituted in this folemn manner was called Briduw, which, in the gloffary annexed to the collection of Welsh laws mentioned above, is explained to be "juramenti "fpecies, quo is qui fub juramento aliquid af“firmat, se Christianum effe profitetur, et per ❝ fidem in baptifmo professam, se non mentiri. "Noftri dicerent, fivearing by one's faith.. "Ufurpatur hæc formula in caufis empti et. " venditi, &c."

REGULATIONS concerning fureties and pledges formed a confiderable branch of the laws of nations beginning to practise a regular fyftem of

* Leges Wallicæ, lib. II. cap. v.. § 3, 4, de contractibus per fidem factis.

juris

jurisprudence. The fubject pledged as a fecurity for performance of the terms of a contract, where a furety interpofed, was depofited with him. He was intitled, failing the obligor's or debtor's fulfilment of the terms of his agreement, to deliver the pledge to the creditor in fatisfaction of the debt: or if no depofite was made in the hand of the furety, he was intitled to seize upon as much of the debtor's effects as would fully fatisfy the obligee's claim *.

THE Welsh laws furnish fatisfactory evidence, that even after regal authority is established, and a system of ecclesiastical difcipline is put in practice, pactions the efficacy of which depended upon future performance, required the united powers of the church and of the state to render them effectual. The fimple authority of a civil judge was not fufficient to enforce compliance.

*Leges Wallicæ, lib. II. cap. iv.

WE