Two Essays On the Law of Primogeniture

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; Eyre Lloyd, pp. 82, 83 ; Cobden Club Essays, pp. 79, 80.
99 Primogeniture has been introduced by custom. " In short," writes Mr, Brodrick, "the peasant proprietors of Bavaria, ■who are admitted to be a thriving class, appear to keep up their family estates with as much tenacity as our own landed gentry, but with a jealousy for the rights of younger children which reminds us of the Irish peasant farmers."* In Austria, however, the regulations of the code civile are rigorously maintained, and n
...o preference is accorded to the eldest sons. Entails for the benefit of the latter, or of other relatives, called according to the nature of the instrument a Primogeniture, majorat, or seniorat — in which latter case the eldest relation of the same degree succeeds — are however occasionally permitted, but require a special charter and a legislative sanction, which forcibly reminds us of the old patrician will of the Comitia Calata. The feudal system was abolished in Austria by the land laws of 1848-49, when the peasant was converted, as previously in France and more recently in Russia, from a predial serf into a free and independent proprietor of the soil.

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