ex to all copyholders by the Statute of Wills passed in the reign of Henry VIII.[1] That such an Act was necessary in the sixteenth century shows what an exceptional privilege among the lower class of tenants the old customary right, where it prevailed, really was; and as it did not prevail among the ancient German tribes, its origin may perhaps be traced to settlers of Northern descent.
From the circumstance that the custom of dividing the father’s lands prevailed among the socmen of the Danish districts in England during the later Saxon period, we may conclude that partible inheritance was a custom of Denmark. The two leading features of socage holdings were: (1) That it was certain both in tenure and the services due from the holder; (2) it was held by custom of the manor.[2] Socmen were thus freeman, and they are chiefly mentioned in Domesday Book in districts within the Danelaw. As Scandinavian settlements, however, can be traced in counties west of the great Danish districts in England, so many socmen or freemen of this kind are mentioned in Domesday Book outside the Danelaw in the central and western counties. It appears to be certain that much of the land which was held by socage tenure remained partible until some time after the Conquest.[3] The preference in the partition of land, according to the Norwegian custom, which the eldest son enjoyed has already been pointed out. A similar preference appears to have existed largely on the socage lands that were by custom divided in England, so that the change by which the eldest son became the sole heir, instead of the first of them, crept in by degrees, probably in imitation of feudal tenure, the owners of socage lands choosing rather to deprive their younger sons of their customary share than that the elder should not be in a position to keep up the family influence or dignity.[4]
