It was not till 1748, when a decisive blow was struck at the power of the chiefs by the abolition of heritable jurisdictions, and the appointment of sheriffs in the different districts, that the arts of peace and social improvement made way in these remote regions.
The title was made; heritable in order of primogeniture, and in the case of archbishops through their nephews.
Large steps were made towards the union of the two kingdoms by the representation of Scotland in the parliament at Westminster; free trade between the two countries was established, the administration of justice greatly improved, vassalage and heritable jurisdictions abolished, and security and good order maintained by the council of nine appointed by the Protector.
In order that there might be no possibility of dispute between the princes of a single house, the countries ruled by the four secular electorsBohemia, the Rhenish Palatinate, Saxony and Brandenburgwere declared to be indivisible and to be heritable only by the accepted rules of primogeniture.
In the 10th century the counts were permitted by the kings to divide their benefices and rights among their sons, the rule being established that countships (Grafschaften) were hereditary, that they might be held by boys, that they were heritable by females and might even be administered by females.
By sanad (or patent) and by legislation the talukdars were declared to possess permanent, heritable and transferable rights, with the special privilege of alienation, either in lifetime or by will, notwithstanding the limits imposed by Hindu or Mahommedan law.
During the Carolingian epoch the custom grew up of granting these as regular heritable fiefs or benefices, and by the 10th century, before the great Cluniac reform, the system was firmly established.
Breeders, he says, who try to build up qualities by the selection of the fluctuating variations that occur soon find that they reach a maximum beyond which their efforts fail, unless they turn to the more rarely occurring but heritable mutations.
Its charter is said to date from 121 8, and it was the seat of the courts of the earls of Strathearn till 1 747, when heritable jurisdictions were abolished.
These rights, which are heritable but not transferable, protect the tenant against eviction, except for default in payment of rent, while the rent may not be enhanced except by mutual agreement or by order of a revenue court.