teenth century (1247–56), when presumably English testamentary procedures and customs had been followed. Returning to the compilations of Welsh law, those from Gwynedd include a passage that seems to be consistent with Llywelyn’s refusal to accept all bequests except those made during a fatal illness.25 The passage occurs in a section on the ways in which a husband and wife might end their union. Although this is not stated explicitly, the reference to division of goods implies that the surviving spouse should receive half of these, while the reference to the son implies that he (and, presumably, any brothers and perhaps also sisters) should also receive a share – an implication supported by a later passage in the lawbook stating that a thief about to be executed could bequeath his goods as he liked, unless he had children, in which case he could only bequeath the payments to the Church and to his creditors.27 As I have already suggested, in significant respects the Welsh legal rules conformed with Romano-canonical law, as adapted to take account of custom, in thirteenth-century England. There, too, as elsewhere in Europe, it was common for wills to be made when the testator was gravely 25 Pryce 1993, pp. 119–23. 26 Charles-Edwards 1980, pp. 164–65. 27 Jenkins 1986, p. 165. Ac os o uy6 a mar6 y gwahanant, rannet y claf, a’i perigla6r y gyt ac ef, a dewisset yr iach. Ny dyly y claf kymynnu namyn y dayret y’r egl6ys, ac y’r argl6yd, a’e dyledyon. A chet ys kymynno, y mab a eill torri y kymmyn h6nn6. A h6nn6 a elwir y mab anwar. P6y bynhac a torho kymyn kyureitha6l, dayret a dyledyon, ysgymmun uyd uegys publican neu pagan. And if they part through life and death [one living, the other dying], let the sick person divide in the presence of his parish priest, and let the healthy choose. The sick person is not entitled to bequeath anything except tribute to the church and to the lord, and his debts. And though he bequeath it, his son can break that bequest. And he is called the cold son. Whoever breaks a legal bequest, tribute and debts, he shall be excommunicate like a publican or a pagan.26 huwpryce 433
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