28 Helmholz 2004, pp. 397–98, 406. 29 Cf. Sheehan 1963, pp. 127–28, 288–96, 298–302; Helmholz 2004, pp. 425–26. 30 Scott & Martin 1978, pp.100–1 (I.35, c. 6); translation adapted. For 33% of the deceased’s goods being taken by the Church as a ‘canonical portion’ in the archdiocese of Dublin in the later Middle Ages (and 20% in the diocese of Derry and c. 29% in the diocese of Armaghinter Anglicos), see Jefferies 2016, p. 356. quod universi fideles in infirmitate positi, confessore suo et vicinis astantibus, cum debita solemnitate testamentum condant. Bona sua mobilia, dummodo uxores et liberos habeant, ere alieno et serviencium mercede exemptis, in tres partes dividant; unam liberis, alteram uxori legitime, terciam propriis exequiis relinquentes. Et si forte prolem legitimam non habuerint, bona ipsa inter ipsum et uxorem in duo media dividantur. Et si legitima uxor decesserit, inter ipsum et liberos bipartiri debent. that all the faithful, lying sick, should make a will, in the presence of their confessor and neighbours, and with all due solemnity. Provided that they have wives and children, they may divide their goods into three parts, after excluding any debts and the wages of servants, and leave one third to his children, one third to his wife, and the remaining third to cover the costs of his funeral. If they have no legitimate children, the goods themselves may be divided in two halves between himself and his wife. If the lawful wife has died, they should be divided into two halves between himself and the children.30 oral bequests and written wills in medieval wales ill and expected to die.28 And as in England, the rules recognized that the Church was closely involved in testamentary disposition, with the testator’s priest (presumably present to administer the last sacraments) assisting in the division of goods, and the permitting of a payment to the Church, which has generally been understood to mean a mortuary payment.29 The rules have several similarities with a constitution issued at the Council of Cashel in Ireland in 1172, held in order to promote ecclesiastical reform following the partial English conquest of the island, which enjoined: The council was thus more explicit with regard to the bipartite or tripartite division of the testator’s goods than the passage in Welsh law. However, both texts seem to envisage an oral will, as there is no reference to making a written will; the implication is that the priest and group of neighbours will act as witnesses to the bequests declared orally. As Richard Helmholz has stressed, ‘For the purpose of disposing of chattels, 434
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