Meantime, that vast mass of the population of Western
Europe whose condition was servile or semi-servile--the Roman and
German personal slaves, the Roman _coloni_ and the German _lidi_--were
concurrently absorbed by the feudal organisation, a few of them
assuming a menial relation to the lords, but the greater part
receiving land on terms which in those centuries were considered
degrading. The tenures created during this era of universal
infeudation were as various as the conditions which the tenants made
with their new chiefs or were forced to accept from them. As in the
case of the benefices, the succession to some, but by no means to all,
of the estates followed the rule of Primogeniture. No sooner, however,
has the feudal system prevailed throughout the West, than it becomes
evident that Primogeniture has some great advantage over every other
mode of succession. It spread over Europe with remarkable rapidity,
the principal instrument of diffusion being Family Settlements, the
Pactes de Famille of France and Haus-Gesetze of Germany, which
universally stipulated that lands held by knightly service should
descend to the eldest son. Ultimately the law resigned itself to
follow inveterate practice, and we find that in all the bodies of
Customary Law, which were gradually built up, the eldest son and stock
are preferred in the succession to estates of which the tenure is free
and military. As to lands held by servile tenures (and originally all
tenures were servile which bound the tenant to pay money or bestow
manual labour), the system of succession prescribed by custom differed
greatly in different countries and different provinces. The more
general rule was that such lands were divided equally at death among
all the children, but still in some instances the eldest son was
preferred, in some the youngest. But Primogeniture usually governed
the inheritance of that class of estates, in some respects the most
important of all, which were held by tenures that, like the English
Socage, were of later origin than the rest, and were neither
altogether free nor altogether servile.
Public-domain text, read in full here on John Shaqi.
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