viii.] DISTRIBUTION OF LAND IN ENGLAND. 29 



VIII. 



SAXON LAW OF SUCCESSION TO LAND. 



THERE is not, as far as I am aware, any distinct 

 authority respecting the law of succession to land 

 of free tenure among the Anglo-Saxons, in case 

 of intestacy. 



It has been conjectured that the custom of 

 Gavelkind, which still subsists in a large part of 

 Kent, was once general throughout the kingdom. 



The 7 1st and 79th laws of Cnut I are sometimes 

 quoted in support of this opinion. Now the 7 1st 

 law merely directs that the " aeht " shall be 

 divided. This word signifies cattle and swine. That 

 it does not include land appears from the 78th law, 

 which provides that he who flees from the enemy 

 shall forfeit land and aehtan. 



It is true that the 79th law directs that, "if 

 a man fall before his lord," then the heirs shall 

 " shift " to the land and aehtan ; but the loose and 



1 Ancient Laws and Institutes of England, edited by Thorpe, 

 vol. i. pp. 412, 420. 



