Page:Origin of the Anglo-Saxon Race.djvu/168

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154
Origin of the Anglo-Saxon Race.

Norman Kings wherever possible, not only to English military fiefs, but to agricultural holdings of all kinds. The urban customs of the French portions of Hereford and Nottingham appear to have been altered in this way. The rural primogeniture of Normandy and Picardy, however, long remained in an exceptionally vigorous form, which may, perhaps. have been due to the Scandinavian origin of the Normans, and to the vitality of their ancient customs among the people. It is certain also that this rustic primogeniture has survived over a wide area of Cumberland, of which the continued existence of the right of the eldest daughter, in default of sons, is sufficient proof. That this part of the custom, which is one of the marks that distinguishes it from the feudal primogeniture, survived at all in England is proof of its vitality, and evidence that it must have come with the Norse people of Cumberland from Norway, where it prevails to the present day. and, so far as known, nowhere else in Northern Europe, except in similar ancient Norwegian colonies. It was a custom in parts of Saxon England, and helps us to trace the origin of the English people of these districts. Its absence elsewhere in England, where Norse settlements from other evidence can be shown to have existed, may be due to the rigour by which the newer primogeniture of the feudal type was enforced.

The earliest reference to the custom of dividing the inheritance among the sons which prevailed among the ancient German tribes is that of Tacitus. After the fall of the Roman Empire, the earliest reference, so far as known, is that of the time of Clothair, and is contained in his code of laws. It confirms the several customs of inheritance which at that time prevailed.[1] The date of this is about A.D. 560, which shows that at this time the customs of succession had become various. Between the time of Tacitus and that of this king the people of Germany must have become considerably changed, for

  1. Monumenta Germaniæ, Legum, tome i., edited by Pertz.