THE LAW AND CUSTOM OF PRIMOGENITURE 377 



families. In Holland, as we learn from Mr, Locock's report, 

 " the law of succession requires the division in equal portions, 

 amongst the children or next of kin, of a major part of every 

 inheritance without regard to its nature or origin, and this is 

 naturally calculated to favour to a great extent the division of 

 landed property. But on the other hand there exists a very 

 prevalent desire with individuals to avoid unnecessarily splitting 

 up the paternal estates. It is a common thing for a farmer, 

 whether proprietor or tenant, to have accumulated before his 

 death sufficient movable property, frequently in the funds, to 

 enable him to assign a portion therefrom to one or another of 

 his children." The policy of the law, however, is rather against 

 family arrangements whereby the eldest son may retain all the 

 land and the younger children may be compensated in money, 

 since it imposes an increased tax on successions thus modified 

 by agreement. In the Hanse Towns, as well as in Schleswig- 

 Holstein, primogeniture is more countenanced by law ; but even 

 where, as in Bremen, the real estate goes to the eldest son on 

 intestacy, the "co-heirs," or younger children, are entitled to be 

 portioned out of it. 



In Italy, says Mr. Bonham, " the laws in force tend in every 

 way to favour the dispersion of land," and equal division, with- 

 out distinction of sex, is the rule of inheritance on intestacy ; 

 but a landowner, having children, may leave one-half of his 

 property by will ; the other half legitima portio "cannot be 

 burdened with any conditions by the testator." In Greece and 

 Portugal the law of intestacy and the restrictions on testamentary 

 disposition are, in all essential respects, the same as in Italy, 

 producing in both countries a large and increasing subdivision 

 of landed property. Mr. Finlay, speaking of the stationary 

 condition of Greek agriculture, observes : "It is the almost 

 universal rule that each small proprietor possesses a ze-i>gari'^ 

 (or plot requiring two pair of oxen to plough it), " and that 

 each cultivator of national land occupies no more." Mr. Merlin, 

 in his report on Greece, mentions the curious fact that "it is 

 extremely rare for the sons to marry till their sisters are pro- 

 vided for ; and this feeling pervades all classes." In Russia, 



