180
THE SAXONS IN ENGLAND.
[book i.
of father, brother and son. Hereditary succession,
which must at first have been a very rare exception,
could only have arisen at all either from the volun-
tary or the compelled grant of the lord : it could
only become general when the old distinction be-
tween the free markman and the gesflδ had become
obliterated, and the system of the Comitatus had
practically and politically swallowed up every other.
Yet even under these circumstancesit would appear
that a perfectly defined result was not attained ;
and hence, although the document entituled “ Rec-
titudines singularum personarum ” numbers the
ius testamenti among the rights of the pegenɪ, yet
even to the close of the Anglosaxon monarchy, we
find dukes, præfeets, kings’ thanes, and other great
nobles humbly demanding permission from the king
to make wills, entreating him not to disturb their
testamentary dispositions, and even bribing his
acquiescence by including him among the lega-
tees. In this as in all human affairs, a compromise
was gradually found necessary between opposing
powers, and the king as well as the comités, neither
of whom could dispense with the assistance of the
other, found it advisable to make mutual conces-
sions. I doubt whether at even an earlier period
than the eleventh century, the whole body of thanes
would have permitted the king to disregard the
testament of one of their body, unless upon defi-
nite legal grounds, as for example grave suspicion
1 “ pegcnes Iagu is ‰t he sy his Mcrihtes wyr‰ ; taini lex est ut
sit dignus Iectitudine testamenti sui.” Thorpe, i. 432. And with this
Ælfred’s law of entails is consistent. Leg. Ælf. § 41. Thorpe, i. 88.
сн. ш]
THE NOBLE BY SERVICE.
181
of treason: but still they might consent to the
nominal application and sanction of the ancient
principle, by allowing the insertion of a general
petition, that the will might stand, in the body of
the instrument1.
The circumstances thus brought under review
show clearly that the condition of the gesfδ was
unfree in itself; that even the free by birth who
entered into it, relinquished that most sacred in-
heritance, and reduced themselves to the rank of
thanes, ministers or servants. Certain rights and
privileges grew up, no doubt, by custom, and the
counts were probably not very long subject to the
mere arbitrary will of the chief : they had the pro-
tection of others in a similar state of dependency
to their own, and chances, such as they were,
1 Toward the end of the tenth century, Beorhtrfc, a wealthy noble in
Kent, devised land by will to various relatives. He left the king, a
collar worth eighty mancuses of gold, and a sword of equal value ; his
heriot, comprising four horses, two of which were saddled ; two swords
with their belts ; two hawks, and all his hounds. He further gave to
the queen, a ring worth thirty mancuses of gold, and a mare, that she
might be his advocate (forespræee) that the will might stand, “ ftæt se
cwide Stondan mihte.” Cod. Dipl. No. 492. Between 944 and 946,
Æftelgyfu devised lands and chattels to St. Λlbans, “cum consensu do-
mini mei régis.” The king and queen had a very fair share of this
spoil. Cod. Dipl. No. 410. Between 965 and 975, Ælfheah, an ealdor-
man, or noble of the highest rank, and cousin of Eâdgâr’s queen
Ælf Sryft, left lands, a good share of which went to the king and queen :
the will was made, “be his Cynehlafordes gej>afunge,” by his royal
lord’s permission, and winds up with this clause : “And the witnesses
to this permission which the king granted (observe, not to the will
itself, but to the king’s permission to leave the property as he did,) are
Ælfftrÿft the queen and others.” Cod. Dipl. No. 593. Æftelflæd a royal
lady, left lands, some of which went to the king : she says, “ And ic
bidde mɪnan Ieofan hlaford for Godes lufun, ftæt mɪn cwide Standan
mote,”—and I beg my dear Lord, for God’s love, that this my will may