There was the same principle among the Anglo-Saxons. (6) In Northern Scandinavia, where ancient German traditionssurvived longer than anywhere else, females were excluded from the succession to land until half-way through the middleages. Among the Anglo-Saxons they ultimately obtained a portion of the Bokland , but no Folkland . Among the Irish Celtsfemales were excluded from the inheritance. (7)Among the Burgundians, male children succeeded their parents, to the exclusion of female children. (8) The cede of theAlamanni, like other laws of German origin, excluded daughters from the succession. (9) Even the Ripuarian law, which is farthe most favourable to the rights of females, excludes them from the succession, whenever there are any male heirs: Sed dumvirilis ***us extiterit, femina in haereditatem aviaticam non succedat . In the formularies of Marculf we read: Diuturna sedimpia consuetudo inter nos tenetur, ut de terra paterna sorores cumfratribus portionem non habeant . (Marc. Form . I. 8.)The spirit of the German laws, says Gans, is to favour the males to the exclusion of females. (10) Laferrière tells us that thecustoms of Auvergne and the Bourbonnais excluded the daughters from succession to the father. (11) Even in the eighteenthcentury, in Provence, the daughters had not an equal share with the sons in succession ab intestato . (12)The custom of Champagne, collected in 1509, still declares, m successions in noble families, the share of the eldest son is tobe first deducted, and then the remainder divided among sons and daughters alike, except that a son takes twice as much asa daughter. (Tit. I. ?14.) The custom that prevailed in the South of France, of ****** the daughters, on their marriage,renounce all rights of succession, can only be explained by reference to the original exclusion. (13)Among the Albanians, who have preserved intact their ancient customs, the daughters only succeed, when necessary toprevent the property passing from one family to another. (14) In the Mussulman law, male children are the only true heirs, Aceb ; females are only entitled to a share always very inferior to that of the sons, being a mere deduction made beforedivision. In the district of Liége females did not at one time succeed to registered lands situated outside the towns: Censaria, extra oppida et francisias sita, pertinent ad filios tantum et non ad filias . (15)Another trace of the family community is to be seen in the custom, which is found everywhere, by which the alienation ofimmoveables was not valid without the consent of the kinsmen, (16) or was liable to "retrait."1. Tales and Traditions of the Eskimo , by Dr Hears Rink, director of the royal Greenland Board of Trade. London,Blackwood, 1875. See also the analysis of the work by Mr Cliffe Leslie, The Academy , January 17, 1876. Mr Leslie,speaking of these family communities, says: "In the society thus constituted we see, in the first place, besides somedevelopment of individual proprietorship, the agnatic and patriarchal family which appears in societies far advanced beyondthe fishing and hunting state, with a custom of primogeniture which bestowed an inheritance of patriarchal authority andresponsibility along with the chief family property. When a man died the eldest son inherited the boat and tent along with theduties of the provider. If no such grown-up eon existed, the nearest relative took his place and adopted the children of thedeceased as his foster-children. The inheritance represented obligations and burdens rather than personal gain." Theassociation of several families in one house is clearly analogous to the house-community with which Sir H. Maine and M. deLaveleye have made us familiar as still existing in parts of Eastern Europe, and formerly among the peasantry of France.
Like the French house-community, that of the Eskimo has assumed the form of a voluntary copartnership; but we believe wemay confidently say of the latter what Sir H. Maine does of the former ( Early History of Institutions , p. 7), that originally"these associations were not really voluntary partnerships, but groups of kinsmen." Again, the Eskimo village is the analogueto the Indo-Germanic village-community, with the distinction that it is a fishing, not an agricultural or pastoral community,with rights of common user of the station and landing-place for whaling, seal-hunting and fishing, instead of commonpasture and wood-rights. We might add, that the vestiges of a larger tribal community, analogous to the Teutonic pagus ,seem traceable in Dr Rink's account of the customs of the Greenlanders, although he makes no such suggestion. Animals ofgreat size, especially whales, and game captured in times of great scarcity, were the common property of all the inhabitantsof neighbouring hamlets (p. 31); and Dr Rink's observation (p. 79), that the ancient principle of mutual assistance andsemi-communism which still prevails among the Greenlanders may have sprang from a feeling of clanship, is obviouslyapplicable to an original feeling of tribal consanguinity, or connexion by adoption, on the part of the inhabitants of a groupof hamlets; although local connexion or neighbourhood has taken the place of the tie of a common ancestry. When we takeinto account, further, the periodical meetings of the inhabitants of neighbouring hamlets for both festive and judicialpurposes, the analogy to the pages of the ancient Germans appears nearly complete."2. Von Maurer., Geachichte der Frohnhöfe , B. xv. p. 291350.
3. "The law and customs of Hindoostan divide the inheritance between the sons and other agnates. Females only inherit onfailure of all male heirs." Sir George Campbell, Essay before quoted, p. 175.
4. Demosthenes, in Baeotum ; Lysias, in Mantith . 10; Isaeus, x. 4.
5. See Waltz, Das alte Recht der sal. Franken, 1846, p. 121...
