Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to
inherit the parent's entire or main
estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son (agnatic primogeniture); it can also mean by the firstborn daughter (matrilineal primogeniture).
Description
The common definition given is also known as male-line primogeniture, the classical form popular in European jurisdictions among others until into the 20th century. In the absence of male-line offspring, variations were expounded to entitle a daughter or a brother or, in the absence of either, to another collateral relative, in a specified order (e.g. male-preference primogeniture, Salic primogeniture, semi-Salic primogeniture). Variations have tempered the traditional, sole-beneficiary, right (such as French
appanage
An appanage, or apanage (; french: apanage ), is the grant of an estate, title, office or other thing of value to a younger child of a sovereign, who would otherwise have no inheritance under the system of primogeniture. It was common in much o ...
) or, in the West since
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, eliminate the preference for males over females (absolute male-preference primogeniture). Most
monarchies in Western Europe have eliminated this, including:
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
,
Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
,
Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
,
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
,
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
,
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
and the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
.
English primogeniture endures mainly in titles of nobility: any first-placed direct male-line descendant (e.g. eldest son's son's son) inherits the title before siblings and similar, this being termed "by right of substitution" for the deceased heir; secondly where children were only daughters they would enjoy the fettered use (life use) of an equal amount of the underlying real asset and the substantive free use (such as one-half inheritance) would accrue to their most senior-line male descendant or contingent on her marriage (
moieties); thirdly, where the late estate holder had no descendants his oldest brother would succeed, and his descendants would likewise enjoy the rule of substitution where he had died. The effect of English primogeniture was to keep estates undivided wherever possible and to disinherit real property from female relations unless only daughters survived in which case the estate thus normally results in division. The principle has applied in history to inheritance of land as well as inherited titles and offices, most notably monarchies, continuing until modified or abolished.
Other forms of inheritance in monarchies have existed or continue. The
Holy Roman Emperor
The Holy Roman Emperor, originally and officially the Emperor of the Romans ( la, Imperator Romanorum, german: Kaiser der Römer) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period ( la, Imperat ...
was selected for enthronement by a small number of powerful
prince elector
The prince-electors (german: Kurfürst pl. , cz, Kurfiřt, la, Princeps Elector), or electors for short, were the members of the electoral college that elected the emperor of the Holy Roman Empire.
From the 13th century onwards, the prince ...
s from among Europe's Christian males of inherited
nobility
Nobility is a social class found in many societies that have an aristocracy (class), aristocracy. It is normally ranked immediately below Royal family, royalty. Nobility has often been an Estates of the realm, estate of the realm with many e ...
. Currently,
succession to the Saudi Arabian throne
The order of succession to the Saudi Arabian throne is determined by, and within, the House of Saud. Every King of Saudi Arabia, upon his death, has been succeeded by the crown prince, with a new crown prince then being appointed according to a ...
uses a form of lateral
agnatic seniority
Agnatic seniority is a patrilineal principle of inheritance where the order of succession to the throne prefers the monarch's younger brother over the monarch's own sons. A monarch's children (the next generation) succeed only after the males o ...
, as did the
Kievan Rus'
Kievan Rusʹ, also known as Kyivan Rusʹ ( orv, , Rusĭ, or , , ; Old Norse: ''Garðaríki''), was a state in Eastern and Northern Europe from the late 9th to the mid-13th century.John Channon & Robert Hudson, ''Penguin Historical Atlas of ...
(see
Rota system
The rota (or rotation) system or the lestvitsa system (from the Old Church Slavonic word for "ladder" or "staircase") was a system of collateral succession practiced
(though imperfectly) in Kievan Rus', later appanages, and early the Grand Duchy ...
), the early
Kingdom of Scotland
The Kingdom of Scotland (; , ) was a sovereign state in northwest Europe traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a la ...
(see
Tanistry
Tanistry is a Gaelic system for passing on titles and lands. In this system the Tanist ( ga, Tánaiste; gd, Tànaiste; gv, Tanishtey) is the office of heir-apparent, or second-in-command, among the (royal) Gaelic patrilineal dynasties of Ir ...
), the
Mongol Empire
The Mongol Empire of the 13th and 14th centuries was the largest contiguous land empire in history. Originating in present-day Mongolia in East Asia, the Mongol Empire at its height stretched from the Sea of Japan to parts of Eastern Europe, ...
(see
lateral succession) or the later
Ottoman Empire
The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
(see
succession practices).
Research shows that authoritarian regimes that rely on primogeniture for succession were more stable than forms of authoritarian rule with alternative succession arrangements. Scholars have linked primogeniture to a decline in
regicide
Regicide is the purposeful killing of a monarch or sovereign of a polity and is often associated with the usurpation of power. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of ''regis'' ...
, as clear rules of succession reduce the number of people who could replace a ruler and disincentivize the killing of the ruler.
Order of succession in monarchies today
Absolute primogeniture
![Absolute cognatic primogeniture diagram](https://upload.wikimedia.org/wikipedia/commons/7/7a/Absolute_cognatic_primogeniture_diagram.svg)
''Absolute'', ''equal'', or ''lineal primogeniture'' is a form of primogeniture in which sex is irrelevant for inheritance; the oldest surviving child without regard to sex inherits the throne. Mathematically this is a
depth-first search
Depth-first search (DFS) is an algorithm for traversing or searching tree or graph data structures. The algorithm starts at the root node (selecting some arbitrary node as the root node in the case of a graph) and explores as far as possible alon ...
.
History
No monarchy implemented this form of primogeniture before 1980, when
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
amended its
Act of Succession to adopt it in royal succession. This displaced King
Carl XVI Gustaf
Carl XVI Gustaf (Carl Gustaf Folke Hubertus; born 30 April 1946) is King of Sweden. He ascended the throne on the death of his grandfather, Gustaf VI Adolf, on 15 September 1973.
He is the youngest child and only son of Prince Gustaf Adolf, Du ...
's infant son,
Prince Carl Philip
A prince is a male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary, in some European states. The ...
, in favor of his elder daughter,
Princess Victoria. Several monarchies have since followed suit: the
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
in 1983,
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
in 1990,
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
in 1991,
Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
in 2009,
Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
in 2011. In 2011, the governments of the 16
Commonwealth realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...
s which have a common monarch—Elizabeth II at that date—announced the
Perth Agreement
The Perth Agreement was made in Australia in 2011 by the prime ministers of the sixteen states known as Commonwealth realms, which at the time all recognised Elizabeth II as their head of state. The document agreed that the governments of the re ...
, a plan to legislate changes to absolute primogeniture. This came into effect with the necessary legislation on 26 March 2015. Other monarchies have considered changing to absolute primogeniture:
* With the birth of
Infanta Leonor of Spain
''Infante'' (, ; f. ''infanta''), also anglicised as Infant or translated as Prince, is the title and rank given in the Iberian kingdoms of Spain (including the predecessor kingdoms of Aragon, Castile, Navarre, and León) and Portugal to th ...
on 31 October 2005 to the then heir apparent
Felipe, Prince of Asturias
Felipe VI (;,
* eu, Felipe VI.a,
* ca, Felip VI,
* gl, Filipe VI, . Felipe Juan Pablo Alfonso de Todos los Santos de Borbón y Grecia; born 30 January 1968) is King of Spain. He is the son of former King Juan Carlos I and Queen Sofía, and ...
, and
Princess Letizia
Letizia Ortiz Rocasolano (; born 15 September 1972) is the Queen of Spain as the wife of King Felipe VI. She came from a middle-class family and worked as a journalist for ''ABC'' and EFE before becoming a news anchor at CNN+ and Televisión ...
, the Spanish Prime Minister
José Luis Rodríguez Zapatero
José Luis Rodríguez Zapatero (; born 4 August 1960) is a Spanish politician and member of the Spanish Socialist Workers' Party (PSOE). He was the Prime Minister of Spain being elected for two terms, in the 2004 and 2008 general elections ...
reaffirmed the intention of the government to institute, by amendment of the Spanish constitution, absolute primogeniture. Zapatero's proposal was supported by the leader of the main opposition party, the conservative ''
Partido Popular'', making its passage probable. However, Zapatero's administration ended before an amendment was drafted, and the succeeding government has not pursued it. The Prince counseled reformers that there was plenty of time before any constitutional amendment would need to be enacted because the expectation was to leave him next in line to succeed his father despite his elder sisters' continued status as
dynasts; equal primogeniture was expected to apply first to his children. Felipe succeeded to the throne as Felipe VI upon his father's abdication in 2014, by which time he had two daughters. Felipe VI has no son that would, absent the constitutional amendment, displace Leonor as heir.
* In July 2006, the
Nepal
Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
ese government proposed adopting absolute primogeniture, but the monarchy was abolished in 2008 before the change could be effected.
* In
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
, it has been debated whether or not to adopt absolute primogeniture, as
Princess Aiko
is a member of the Japanese imperial family. She is the only child of Emperor Naruhito and Empress Masako of Japan.
Birth
Princess Aiko was born on 1 December 2001 at 2:43 PM in the Imperial Household Agency Hospital in Tokyo Imperial Pala ...
is the only child of
Emperor Naruhito
is the current Emperor of Japan. He acceded to the Chrysanthemum Throne on 1 May 2019, beginning the Reiwa era, following the abdication of his father, Akihito. He is the 126th monarch according to Japan's traditional order of succession.
...
. However, the birth in 2006 of
Prince Hisahito
is the youngest child and only son of the Crown Prince and Crown Princess of Japan.
He is the nephew of Emperor Naruhito and second in line to the throne after his father, Fumihito.
Birth
Hisahito was born at 08:27 JST (23:27 UTC) o ...
, a son of
Prince Akishino (the younger brother of Naruhito, and next in line to the
Chrysanthemum Throne
The is the throne of the Emperor of Japan. The term also can refer to very specific seating, such as the throne in the Shishin-den at Kyoto Imperial Palace.
Various other thrones or seats that are used by the Emperor during official functions, ...
) has suspended the debate.
Monaco
Monaco (; ), officially the Principality of Monaco (french: Principauté de Monaco; Ligurian: ; oc, Principat de Mónegue), is a sovereign city-state and microstate on the French Riviera a few kilometres west of the Italian region of Lig ...
, the
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
, and
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
also deviated from traditional primogeniture in the late 20th or early 21st century by restricting succession to the crown to relatives within a specified degree of
kinship
In anthropology, kinship is the web of social relationships that form an important part of the lives of all humans in all societies, although its exact meanings even within this discipline are often debated. Anthropologist Robin Fox says that ...
to the most recent monarch.
Agnatic primogeniture
![Agnatic primogeniture diagram](https://upload.wikimedia.org/wikipedia/commons/f/f4/Agnatic_primogeniture_diagram.svg)
Under agnatic primogeniture, or patrilineal primogeniture, the degree of kinship (of males and females) is determined by tracing shared descent from the nearest common ancestor through male ancestors.
Those who share agnatic kinship (through solely male ancestors) are termed ''agnates''; those whose shared lineage includes a female ancestor are ''cognates''.
There were different types of succession based on agnatic primogeniture, all sharing the principle that inheritance is according to seniority of birth among siblings (compare to
ultimogeniture
Ultimogeniture, also known as postremogeniture or junior right, is the tradition of inheritance by the last-born of a privileged position in a parent's wealth or office. The tradition has been far rarer historically than primogeniture (sole inhe ...
) and seniority of lineage among the agnatic kin, firstly, among the sons of a monarch or
head of family, with sons and their male-line issue inheriting before brothers and their issue. Females and
matrilineal
Matrilineality is the tracing of kinship through the female line. It may also correlate with a social system in which each person is identified with their matriline – their mother's Lineage (anthropology), lineage – and which can in ...
males are excluded from succession.
Male-preference primogeniture
![Male-preference primogeniture diagram](https://upload.wikimedia.org/wikipedia/commons/a/af/Male-preference_primogeniture_diagram.svg)
Male-preference primogeniture accords succession to the throne to a female member of a
dynasty
A dynasty is a sequence of rulers from the same family,''Oxford English Dictionary'', "dynasty, ''n''." Oxford University Press (Oxford), 1897. usually in the context of a monarchical system, but sometimes also appearing in republics. A ...
if and only if she has no living brothers and no deceased brothers who left surviving legitimate descendants. A
dynast's sons and their lines of descent all come before that dynast's daughters and their lines. Older sons and their lines come before younger sons and their lines. Older daughters and their lines come before younger daughters and their lines.
It was practised in the succession to the once-separate thrones of
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, and then the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
until 2015, when the
Succession to the Crown Act 2013
The Succession to the Crown Act 2013 (c. 20) is an Act of the Parliament of the United Kingdom that altered the laws of succession to the British throne in accordance with the 2011 Perth Agreement. The Act replaced male-preference primogeniture ...
changed it to absolute primogeniture. This rule change was simultaneously adopted by all
Commonwealth realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...
s that have the British monarch as their head of state.
Male-preference primogeniture is currently practised in succession to the thrones of
Monaco
Monaco (; ), officially the Principality of Monaco (french: Principauté de Monaco; Ligurian: ; oc, Principat de Mónegue), is a sovereign city-state and microstate on the French Riviera a few kilometres west of the Italian region of Lig ...
and
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
(before 1700 and since
1830
It is known in European history as a rather tumultuous year with the Revolutions of 1830 in France, Belgium, Poland, Switzerland and Italy.
Events January–March
* January 11 – LaGrange College (later the University of North Alabama) b ...
).
With respect to
hereditary title
Hereditary titles, in a general sense, are nobility titles, positions or styles that are hereditary and thus tend or are bound to remain in particular families.
Though both monarchs and nobles usually inherit their titles, the mechanisms often d ...
s, it is usually the rule for Scotland and
baronies by writ
The hereditary peers form part of the peerage in the United Kingdom. As of September 2022, there are 807 hereditary peers: 29 dukes (including five royal dukes), 34 marquesses, 190 earls, 111 viscounts, and 443 barons (disregarding subsid ...
in the United Kingdom, but baronies by writ go into
abeyance
Abeyance (from the Old French ''abeance'' meaning "gaping") is a state of expectancy in respect of property, titles or office, when the right to them is not vested in any one person, but awaits the appearance or determination of the true owner. ...
when the last male titleholder dies leaving more than one surviving sister or more than one descendant in the legitimate female line of the original titleholder.
Matrilineal primogeniture
''Matrilineal primogeniture'' is a form of succession in which the eldest female child inherits the throne, to the exclusion of males. The
Rain Queen
Queen Modjadji, or the Rain Queen, is the hereditary queen of Balobedu, a people of the Limpopo Province of South Africa. The Rain Queen is believed to have special powers, including the ability to control the clouds and rainfall.
Modjadji Ro ...
of the
Balobedu
The Lobedu or Balobedu ''(''also known as the BaLozwi or Bathobolo'')'' are a southern African ethnic group. Their area is called Bolobedu. They are initially known as Bakwebo (wild pigs). The name "balobedu" means "the mineral miners" lobela ...
nation has been cited as an example of
matrilineal
Matrilineality is the tracing of kinship through the female line. It may also correlate with a social system in which each person is identified with their matriline – their mother's Lineage (anthropology), lineage – and which can in ...
primogeniture. Since 1800, the Balobedu Royal Council has appointed only female descendants to the queenship. The position has been unoccupied and stewarded by a regent since the death of
Makobo Modjadji
Makobo Modjadji VI (Makobo Caroline Modjadji; 1978 – 12 June 2005) was the sixth in a line of the Balobedu tribe's Rain Queens. It is believed that Makobo Modjadji had the ability to control the clouds and rivers. Makobo was crowned on 16 Apri ...
, the most recent Rain Queen, in 2005. The Balobedu Royal Council has not published information concerning its succession norms, but among the
Limpopo
Limpopo is the northernmost province of South Africa. It is named after the Limpopo River, which forms the province's western and northern borders. The capital and largest city in the province is Polokwane, while the provincial legislature is ...
tribe, it was widely expected that the late Rain Queen's daughter, Masalanabo, would succeed to the queenship upon turning 18. A ceremony to celebrate her anticipated queenship was officially held in 2018. In May 2021, however, the Royal Council announced that Masalanabo would instead be appointed ''khadi-kholo'' (great aunt). The late queen's son, Lekukela was installed in October 2022, becoming the first Rain King since the 18th century.
Preference for males
The preference for males existing in most systems of primogeniture (and in other mechanisms of hereditary succession) comes mostly from the perceived nature of the tasks and role of the monarch: a monarch/
prince
A prince is a male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary, in some European states. Th ...
(the latter means in Latin, chieftain) most usually was, first and foremost, a military leader, as in the millennia-old
Book of Numbers
The book of Numbers (from Greek Ἀριθμοί, ''Arithmoi''; he, בְּמִדְבַּר, ''Bəmīḏbar'', "In the desert f) is the fourth book of the Hebrew Bible, and the fourth of five books of the Jewish Torah. The book has a long and com ...
.
Social norms pointing to kings further flow from making clear, first-generation survivors, so to avoid
civil war
A civil war or intrastate war is a war between organized groups within the same state (or country).
The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
. Lacking advanced healthcare and resource-conscious
family planning
Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marita ...
,
mothers faced high risk in enduring such regular childbirth. Also in pre-20th century medicine
about 10% of women could not have children. Added to this, on any necessary remarriage from death in childbirth, the king would have socially entrenched powers over his new spouse:
financial
Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of fina ...
and any rivalry of a new queen consort by her personal and companions' physical strength was within the
chivalric norm far-fetched so far as it might present a challenge to her ruling husband, if proving relatively able. Times of turbulence were more likely when a queen regnant/female main heir allowed to inherit was married to or remarried to a similar-status foreign leader, as was conventional for high-status women for their family security and diplomacy. Such a situation was a major source of civil wars; one example is the
Spanish Armada
The Spanish Armada (a.k.a. the Enterprise of England, es, Grande y Felicísima Armada, links=no, lit=Great and Most Fortunate Navy) was a Spanish fleet that sailed from Lisbon in late May 1588, commanded by the Duke of Medina Sidonia, an aris ...
.
Henry VIII
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
of England did not wait until death and remarried twice on the basis of lack of producing a male heir, on the second occasion beheading his queen "for witchcraft". A small minority of monarchs in many countries have openly made their heir
an illegitimate child; stories abound of others as newborns brought to the expectant queen consort such as to
James II of England
James VII and II (14 October 1633 16 September 1701) was King of England and King of Ireland as James II, and King of Scotland as James VII from the death of his elder brother, Charles II, on 6 February 1685. He was deposed in the Gloriou ...
"in a bedpan." Under any of these considerations, sons, some of whose lives were in times of war likely to be lost in battle, could be expected to produce more heirs. Eldest daughters could find themselves under a situation of duress on remarriage, and the concept of the trophy bride if the husband were slain is one resonant in many cultures especially before the 20th century.
In Japan, the Imperial chronologies include eight reigning empresses from ancient times up through the Edo period; however, their successors were most often selected from amongst the males of the paternal Imperial bloodline, which is why some conservative scholars argue that the women's reigns were temporary and that male-only succession tradition must be maintained.
Japanese empresses
The Empress of Japan is the title given to the wife of the Emperor of Japan or a female ruler in her own right. In Japanese, the empress consort is called . The current empress consort is Empress Masako, who ascended the throne with her husband o ...
such as
Empress Genshō
was the 44th monarch of Japan, Imperial Household Agency (''Kunaichō'') 元正天皇 (44)/ref> according to the traditional order of succession. Her reign spanned the years 715 through 724.
Genshō was the fifth of eight women to take on th ...
(680–748), who succeeded her mother the
Empress Gemmei
, also known as Empress Genmyō, was the 43rd monarch of Japan,Imperial Household Agency (''Kunaichō'') 元明天皇 (43) retrieved August 22, 2013. according to the traditional order of succession. Genmei's reign spanned the years 707 through ...
(661–721) on the throne (but only because she was a Princess of the Imperial family, daughter of
Prince Kusakabe
was a Japanese imperial crown prince from 681 until his death. He was the second son of Emperor Tenmu. His mother was the empress Unonosarara, today known as Empress Jitō.
He was the sole child of his mother. According to '' Nihon Shoki'', i ...
), remain the sole exceptions to this conventional argument.
Arguments
Arguments in favour
Primogeniture by definition prevents the
subdivision of estates. This lessens family pressures to sell property, such as if two (or more) children inherit a house and cannot afford to buy out the other(s).
In much of Europe younger sons of the nobility had no prospect of inheriting by death any property, and commonly sought careers in the Church, in military service (see
purchase of commissions in the British Army
The purchase of officer commissions in the British Army was the practice of paying money to the Army to be made an officer of a cavalry or infantry regiment of the English and later British Army. By payment, a commission as an officer could be sec ...
), or in government. Some wills made
bequest
A bequest is property given by will. Historically, the term ''bequest'' was used for personal property given by will and ''deviser'' for real property. Today, the two words are used interchangeably.
The word ''bequeath'' is a verb form for the act ...
s to a
monastic order
Monasticism (from Ancient Greek , , from , , 'alone'), also referred to as monachism, or monkhood, is a religious way of life in which one renounces worldly pursuits to devote oneself fully to spiritual work. Monastic life plays an important rol ...
for an already suitably educated, disinherited son.
Many of the Spanish
Conquistador
Conquistadors (, ) or conquistadores (, ; meaning 'conquerors') were the explorer-soldiers of the Spanish and Portuguese Empires of the 15th and 16th centuries. During the Age of Discovery, conquistadors sailed beyond Europe to the Americas, O ...
s were younger sons who had to make their fortune in war. In the late 17th and early 18th centuries, many younger sons of
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
aristocrats chose to leave England for
Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
in the Colonies. Many of the early Virginians who were
plantation
A plantation is an agricultural estate, generally centered on a plantation house, meant for farming that specializes in cash crops, usually mainly planted with a single crop, with perhaps ancillary areas for vegetables for eating and so on. The ...
owners were younger sons of landed gentry who had left Britain and Ireland fortuneless due to primogeniture. These were key ancestors of the
Founding Fathers of the
United States of America
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
.
Arguments against
In ''
Democracy in America
(; published in two volumes, the first in 1835 and the second in 1840) is a classic French text by Alexis de Tocqueville. Its title literally translates to ''On Democracy in America'', but official English translations are usually simply entitl ...
'',
Alexis de Tocqueville
Alexis Charles Henri Clérel, comte de Tocqueville (; 29 July 180516 April 1859), colloquially known as Tocqueville (), was a French aristocrat, diplomat, political scientist, political philosopher and historian. He is best known for his works ...
observes that abolition of primogeniture and
entail
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...
as to property results in faster division of land.
However primogeniture's forcing landless people to seek wealth outside the family estate to maintain their
standard of living
Standard of living is the level of income, comforts and services available, generally applied to a society or location, rather than to an individual. Standard of living is relevant because it is considered to contribute to an individual's quality ...
accelerated the death of the landed
aristocracy
Aristocracy (, ) is a form of government that places strength in the hands of a small, privileged ruling class, the aristocracy (class), aristocrats. The term derives from the el, αριστοκρατία (), meaning 'rule of the best'.
At t ...
and, in his view, thus, quickened the shift to
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
.
[
]
Other terms
Salic law
An agnatic
Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritanc ...
primogeniture system that excludes any female from inheritance of a monarch's principal possessions is generally known in western Europe as an application of the "Salic law
The Salic law ( or ; la, Lex salica), also called the was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old Du ...
" (see ''Terra salica Terra Salica was a type of land property invented by the Salian Franks. The Merovingians had two types of land property: '' de alode'' and terra Salica; the former could be inherited by both sexes, while the latter was restricted to men. The Frankis ...
''). This is something of a misnomer; although Salic law excludes female lines, it also mandates partible inheritance
Partible inheritance is a system of inheritance in which property is apportioned among heirs. It contrasts in particular with primogeniture, which was common in feudal society and requires that the whole or most of the inheritance passes to the el ...
, rather than primogeniture. This rule developed among successions in France in the later Middle Ages. In 1316, Joan Joan may refer to:
People and fictional characters
* Joan (given name), including a list of women, men and fictional characters
*:Joan of Arc, a French military heroine
* Joan (surname)
Weather events
*Tropical Storm Joan (disambiguation), multip ...
, the only surviving child of Louis X of France
Louis X (4 October 1289 – 5 June 1316), known as the Quarrelsome (french: le Hutin), was King of France from 1314 and King of Navarre as Louis I from 1305 until his death. He emancipated serfs who could buy their freedom and readmitted Jews in ...
, was debarred from the throne in favor of her uncle, Philip, Count of Poitiers. After this it was declared that women could not inherit the French throne. Then in 1328, after the death of Charles IV, his paternal cousin, Philip, Count of Valois, became king, notwithstanding the claims of Edward III of England
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring ro ...
. By proximity of blood Proximity of blood, or proximity by degree of kinship, is one of the ways to determine hereditary succession based on genealogy. In effect, the application of this rule is a refusal to recognize the right of representation, a component of primogen ...
, Edward was closest related as eldest son of the sister of Charles, Isabella
Isabella may refer to:
People and fictional characters
* Isabella (given name), including a list of people and fictional characters
* Isabella (surname), including a list of people
Places
United States
* Isabella, Alabama, an unincorpor ...
. The assemblies of the French barons and prelates and the University of Paris resolved that males who derive their right to inheritance through their mother should be excluded. This ruling became a key point of contention in the subsequent Hundred Years War
The Hundred Years' War (; 1337–1453) was a series of armed conflicts between the kingdoms of England and France during the Late Middle Ages. It originated from disputed claims to the French throne between the English House of Plantagen ...
. Over the following century, French jurists adopted a clause from the 6th century '' Pactus Legis Salicae'', which asserted that no female or her descendants could inherit the throne, as a governing rule for the French succession.
In the lands of Napoleon Bonaparte
Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who ...
's conquests, Salic law was adopted, including the French Empire, the Kingdom of Westphalia
The Kingdom of Westphalia was a kingdom in Germany, with a population of 2.6 million, that existed from 1807 to 1813. It included territory in Hesse and other parts of present-day Germany. While formally independent, it was a vassal state of the ...
, the Kingdom of Holland
The Kingdom of Holland ( nl, Holland (contemporary), (modern); french: Royaume de Hollande) was created by Napoleon Bonaparte, overthrowing the Batavian Republic in March 1806 in order to better control the Netherlands. Since becoming Emperor ...
and, under Napoleonic influence, the House of Bernadotte
The House of Bernadotte is the royal family of Sweden since its foundation there in 1818. It was also the royal family of Norway between 1818 and 1905. Its founder, Charles XIV John of Sweden, was born in Pau in southern France as Jean Bernadott ...
's Sweden. Other states adopted Salic primogeniture as well, including Belgium, Denmark ( in 1853) and all of the eastern European monarchies except Greece, i.e. Albania
Albania ( ; sq, Shqipëri or ), or , also or . officially the Republic of Albania ( sq, Republika e Shqipërisë), is a country in Southeastern Europe. It is located on the Adriatic and Ionian Seas within the Mediterranean Sea and shares ...
, Bulgaria
Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedon ...
, Montenegro
)
, image_map = Europe-Montenegro.svg
, map_caption =
, image_map2 =
, capital = Podgorica
, coordinates =
, largest_city = capital
, official_languages = M ...
, Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
, and Serbia
Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
. During this era, Spain (in the Carlist conflicts) fought a civil war
A civil war or intrastate war is a war between organized groups within the same state (or country).
The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
which pitted the Salic and female-line heirs of the ruling dynasty against one another for possession of the crown.
A variation of Salic primogeniture allowed the sons of female dynasts to inherit, but not women themselves, an example being the Francoist
Francoist Spain ( es, España franquista), or the Francoist dictatorship (), was the period of Spanish history between 1939 and 1975, when Francisco Franco ruled Spain after the Spanish Civil War with the title . After his death in 1975, Spani ...
succession to the throne of Spain that was applied in 1947–1978.
British and French titles of nobility
Many descend by Salic, male primogeniture so have a greater average rate of extinction. Many others if the title is otherwise to be extinct pass to the closest elder sister or a line of descendants to the last holder, as abeyant holders, such being parents or ancestors to whichever direct male descendant is first born to 'settle the abeyance'. Some senior agnatic cadets are granted from the outset courtesy
Courtesy (from the word ''courteis'', from the 12th century) is gentle politeness and courtly manners. In the Middle Ages in Europe, the behaviour expected of the nobility was compiled in courtesy books.
History
The apex of European courtly cul ...
or subsidiary
A subsidiary, subsidiary company or daughter company is a company owned or controlled by another company, which is called the parent company or holding company. Two or more subsidiaries that either belong to the same parent company or having a s ...
titles. Notable English exceptions are the Duchy of Lancaster
The Duchy of Lancaster is the private estate of the Monarchy of the United Kingdom, British sovereign as Duke of Lancaster. The principal purpose of the estate is to provide a source of independent income to the sovereign. The estate consists of ...
, which is merged with the British Crown
The Crown is the state (polity), state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, British Overseas Territories, overseas territories, Provinces and territorie ...
which has included women in inheritance since the 16th century, and the Dukedom of Marlborough
Duke of Marlborough (pronounced ) is a title in the Peerage of England. It was created by Queen Anne in 1702 for John Churchill, 1st Earl of Marlborough (1650–1722), the noted military leader. In historical texts, unqualified use of the tit ...
, which has done so since its establishment in 1702.
Semi-Salic law
Another variation on agnatic primogeniture is the so-called semi-Salic law, or "agnatic-cognatic primogeniture", which allows women to succeed only at the extinction of all the male descendants in the male line. Such were the cases of Bourbon Spain Bourbon may refer to:
Food and drink
* Bourbon whiskey, an American whiskey made using a corn-based mash
* Bourbon barrel aged beer, a type of beer aged in bourbon barrels
* Bourbon biscuit, a chocolate sandwich biscuit
* A beer produced by ...
until 1833 and the dominions of Austria-Hungary
Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
, as well as most realms within the former Holy Roman Empire
The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution i ...
, i.e. most German monarchies. This was also the law of Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
under the Pauline Laws
The Pauline Laws are the house laws of the Romanov rulers of the Russian Empire. The name comes from the fact that they were initially established by Emperor Paul I of Russia in 1797.
Paul I abolished Peter the Great's law that allowed each reign ...
of 1797 and of Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
until equal primogeniture was introduced on 20 June 2011.
There are various versions of semi-Salic law also, although in all forms women do not succeed by application of the same kind of primogeniture as was in effect among males in the family. Rather, the female who is nearest in kinship to the last male monarch of the family inherits, even if another female agnate of the dynasty is senior by primogeniture. Among sisters (and the lines of descendants issuing from them), the elder are preferred to the younger. In reckoning consanguinity
Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor).
Many jurisdictions have laws prohibiting people who are related by blood fr ...
or proximity of blood Proximity of blood, or proximity by degree of kinship, is one of the ways to determine hereditary succession based on genealogy. In effect, the application of this rule is a refusal to recognize the right of representation, a component of primogen ...
the dynasty's house law
House law or House laws (''Hausgesetze'') are rules that govern a royal family or dynasty in matters of eligibility for order of succession, succession to a throne, membership in a dynasty, exercise of a Regent, regency, or entitlement to dynastic ...
defines who among female relatives is "nearest" to the last male.
Quasi-Salic law
During High Medieval
The High Middle Ages, or High Medieval Period, was the period of European history that lasted from AD 1000 to 1300. The High Middle Ages were preceded by the Early Middle Ages and were followed by the Late Middle Ages, which ended around AD 1500 ...
period there arose a trend where the extinction of agnatic lineage forced the consideration of women's claim, but the desire for a male heir saw the women themselves excluded from the succession in favor of their sons so that women could transmit claims but not inherit themselves. Such a system was called "quasi-Salic". In 1317, to illegitimize Joan II of Navarre
Joan II (french: Jeanne; 28 January 1312 – 6 October 1349) was Queen of Navarre from 1328 until her death. She was the only surviving child of Louis X of France, King of France and Navarre, and Margaret of Burgundy. Joan's paternity was dubiou ...
's claim on France, Philip V of France
Philip V (c. 1293 – 3 January 1322), known as the Tall (french: Philippe le Long), was King of France and Navarre (as Philip II) from 1316 to 1322.
Philip was the second son of King Philip IV of France and Queen Joan I of Navarre. He was grant ...
declared "women do not succeed to the throne of France". In 1328, Philip's successor, Charles IV of France
Charles IV (18/19 June 1294 – 1 February 1328), called the Fair (''le Bel'') in France and the Bald (''el Calvo'') in Navarre, was last king of the direct line of the House of Capet, King of France and King of Navarre (as Charles I) from 132 ...
also died sonless, Charles' sister, Isabella of France
Isabella of France ( – 22 August 1358), sometimes described as the She-Wolf of France (), was Queen of England as the wife of King Edward II, and regent of England from 1327 until 1330. She was the youngest surviving child and only surviving ...
, claimed the throne not for herself, but through her to her son, Edward
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”.
History
The name Edward was very popular in Anglo-Sa ...
, however Philip VI of France
Philip VI (french: Philippe; 1293 – 22 August 1350), called the Fortunate (french: le Fortuné, link=no) or the Catholic (french: le Catholique, link=no) and of Valois, was the first king of France from the House of Valois, reigning from 1328 ...
took the throne and added another rule to illegitimate Edward, that being – one cannot transmit a right that she does not possess.
History
In Christian Europe, the Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
originally had a monopoly on the authority to sanction marriage. Its teachings forbid polygamy and state divorce is an impossibility ''per se''. Consequently, in Europe, given morbidity and infertility, succession could not be assured solely by direct male descendants or even direct male or female progeny. In Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
ic and Asian cultures, religious officials and customs either sanctioned polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any o ...
, use of consorts, or both, or they had no authority of marriage; monarchs could consequently ensure sufficient numbers of male offspring to assure succession. In such cultures, female heads of state were rare.
Biblical
The earliest account of primogeniture to be known widely in modern times is that of Isaac
Isaac; grc, Ἰσαάκ, Isaák; ar, إسحٰق/إسحاق, Isḥāq; am, ይስሐቅ is one of the three patriarchs of the Israelites and an important figure in the Abrahamic religions, including Judaism, Christianity, and Islam. He was the ...
's sons Esau
Esau ''Ēsaû''; la, Hesau, Esau; ar, عِيسَوْ ''‘Īsaw''; meaning "hairy"Easton, M. ''Illustrated Bible Dictionary'', (, , 2006, p. 236 or "rough".Mandel, D. ''The Ultimate Who's Who in the Bible'', (.), 2007, p. 175 is the elder son o ...
, who was born first, and Jacob
Jacob (; ; ar, يَعْقُوب, Yaʿqūb; gr, Ἰακώβ, Iakṓb), later given the name Israel, is regarded as a patriarch of the Israelites and is an important figure in Abrahamic religions, such as Judaism, Christianity, and Islam. J ...
, who was born second. Esau was entitled to the "birthright" (''bekhorah'' בְּכוֹרָה), but he sold the right to Jacob for a mess of pottage
A mess of pottage is something immediately attractive but of little value taken foolishly and carelessly in exchange for something more distant and perhaps less tangible but immensely more valuable. The phrase alludes to Esau's sale of his birthr ...
, i. e. a small amount of lentil stew. This passage demonstrates that primogeniture was known in the Middle East
The Middle East ( ar, الشرق الأوسط, ISO 233: ) is a geopolitical region commonly encompassing Arabian Peninsula, Arabia (including the Arabian Peninsula and Bahrain), Anatolia, Asia Minor (Asian part of Turkey except Hatay Pro ...
prior to the Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterr ...
.
A woman's right and obligation to inherit property in the absence of a male heir in the family was recorded in the case of the Daughters of Zelophehad
The Daughters of Zelophehad ( he, בְּנוֹת צְלָפְחָד ''Bənōṯ Ṣəlāfəḥāḏ'') were five sisters – Mahlah (מַחְלָה ''Maḥlā''), Noa (נֹעָה ''Nōʿā''), Hoglah (חָגְלָה ''Ḥoglā''), Milcah (מִל ...
in Numbers 27.
Roman law
During the Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterr ...
, Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
governed much of Europe, and the laws pertaining to inheritance made no distinction between the oldest or youngest, male or female, if the decedent died intestate
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...
.[HN.psu.edu](_blank)
Smith, Adam (1776), Penn State Electronic Classics edition, republished 2006, p. 312. Although admission to the two highest '' ordines'' (orders), i.e. the senators and equestrians
Equestrianism (from Latin , , , 'horseman', 'horse'), commonly known as horse riding (Commonwealth English) or horseback riding (American English), includes the disciplines of riding, driving, and vaulting. This broad description includes the ...
, potentially brought lifelong privileges that the next generation could inherit, the principle of inherited rank in general was little used. Rather, Roman aristocracy was based on competition, and a Roman family could not maintain its position in the ''ordines'' merely by hereditary succession or title to land. Although the eldest son typically carried his father's name in some form, he was expected to construct his own career
The career is an individual's metaphorical "journey" through learning, work and other aspects of life. There are a number of ways to define career and the term is used in a variety of ways.
Definitions
The ''Oxford English Dictionary'' defin ...
based on competence as an administrator or general and on remaining in favor with the emperor and his council at court. Other than meeting requirements for personal wealth, the qualifications for belonging to the senatorial or equestrian orders varied from generation to generation, and in the later Empire, the '' dignitas'' ("esteem") that attended on senatorial or equestrian rank was refined further with additional titles, such as ''vir illustris
The title ''vir illustris'' ('illustrious man') is used as a formal indication of standing in late antiquity to describe the highest ranks within the senates of Rome and Constantinople. All senators had the title ''vir clarissimus'' ('very famous ...
'', that were not inherited.
Most Roman emperors indicated their choice of successor, usually a close family member or adopted
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
heir, and the presumption that the eldest or even a natural son would inherit was not enshrined. The death of an emperor led to a critical period of uncertainty and crisis. In theory, the Senate was entitled to choose the new emperor, but did so mindful of acclamation by the army or the Praetorian Guard
The Praetorian Guard (Latin: ''cohortēs praetōriae'') was a unit of the Imperial Roman army that served as personal bodyguards and intelligence agents for the Roman emperors. During the Roman Republic, the Praetorian Guard were an escort fo ...
. Thus, neither an emperor nor his heir had an inherent "right" to rule, and did so through military power and the Senate's symbolic consent.
Reemergence in medieval and modern times
The law of primogeniture in Europe has its origins in Medieval Europe
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
; which due to the feudal system
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structur ...
necessitated that the estates of land-owning feudal lords be kept as large and united as possible to maintain social stability as well as the wealth, power and social standing of their families.
Adam Smith
Adam Smith (baptized 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the thinking of political economy and key figure during the Scottish Enlightenment. Seen by some as "The Father of Economics"——— ...
, in his book '' An Inquiry into the Nature and Causes of the Wealth of Nations'', explains the origin of primogeniture in Europe in the following way:
Historical examples
A case of agnatic primogeniture is exemplified in the French royal ''milieu'', where the Salic Law
The Salic law ( or ; la, Lex salica), also called the was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old Du ...
(attributed to the Salian Franks
The Salian Franks, also called the Salians (Latin: ''Salii''; Greek: Σάλιοι, ''Salioi''), were a northwestern subgroup of the early Franks who appear in the historical record in the fourth and fifth centuries. They lived west of the Lowe ...
) forbade any inheritance of a crown through the female line. This rule was adopted to solve the dispute over the legitimate successor of John I of France
John I (15 – 20 November 1316), called the Posthumous (, oc, Joan Ièr lo Postume), was King of France and Navarre, as the posthumous son and successor of Louis X, for the five days he lived in 1316. He is the youngest person to be kin ...
, the short-lived son of deceased Louis X of France
Louis X (4 October 1289 – 5 June 1316), known as the Quarrelsome (french: le Hutin), was King of France from 1314 and King of Navarre as Louis I from 1305 until his death. He emancipated serfs who could buy their freedom and readmitted Jews in ...
in favour of Philip V of France
Philip V (c. 1293 – 3 January 1322), known as the Tall (french: Philippe le Long), was King of France and Navarre (as Philip II) from 1316 to 1322.
Philip was the second son of King Philip IV of France and Queen Joan I of Navarre. He was grant ...
(brother of Louis and uncle of John) over Joan II of Navarre
Joan II (french: Jeanne; 28 January 1312 – 6 October 1349) was Queen of Navarre from 1328 until her death. She was the only surviving child of Louis X of France, King of France and Navarre, and Margaret of Burgundy. Joan's paternity was dubiou ...
(daughter of Louis and sister of John), the ruling that "Women do not succeed the kingdom of France". In 1328 it was further elaborated to solve the dispute over the legitimate successor of Philip V's brother, Charles IV of France
Charles IV (18/19 June 1294 – 1 February 1328), called the Fair (''le Bel'') in France and the Bald (''el Calvo'') in Navarre, was last king of the direct line of the House of Capet, King of France and King of Navarre (as Charles I) from 132 ...
, in favour of Philip VI of France
Philip VI (french: Philippe; 1293 – 22 August 1350), called the Fortunate (french: le Fortuné, link=no) or the Catholic (french: le Catholique, link=no) and of Valois, was the first king of France from the House of Valois, reigning from 1328 ...
(the son of Charles' uncle Charles of Valois) over Edward III of England
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring ro ...
(the son of Charles' sister Isabella). While Edward had a stronger claim by proximity of blood Proximity of blood, or proximity by degree of kinship, is one of the ways to determine hereditary succession based on genealogy. In effect, the application of this rule is a refusal to recognize the right of representation, a component of primogen ...
, the court ruled "Women cannot transmit a right which they do not possess", reinforcing agnatic primogeniture. This dispute was among the factors behind the Hundred Years' War
The Hundred Years' War (; 1337–1453) was a series of armed conflicts between the kingdoms of Kingdom of England, England and Kingdom of France, France during the Late Middle Ages. It originated from disputed claims to the French Crown, ...
, which broke out in 1337.
Conflict between the Salic law and the male-preferred system was also the genesis of Carlism
Carlism ( eu, Karlismo; ca, Carlisme; ; ) is a Traditionalist and Legitimist political movement in Spain aimed at establishing an alternative branch of the Bourbon dynasty – one descended from Don Carlos, Count of Molina (1788–1855) – ...
in Spain and Miguelism
In the history of Portugal, a Miguelist (in Portuguese ''Miguelista'') was a supporter of the legitimacy of the king Miguel I of Portugal. The name is also given to those who supported absolutism as form of government, in opposition to the libe ...
in Portugal.
The crowns of Hanover
Hanover (; german: Hannover ; nds, Hannober) is the capital and largest city of the German state of Lower Saxony. Its 535,932 (2021) inhabitants make it the 13th-largest city in Germany as well as the fourth-largest city in Northern Germany ...
and Great Britain, which had been in personal union
A personal union is the combination of two or more states that have the same monarch while their boundaries, laws, and interests remain distinct. A real union, by contrast, would involve the constituent states being to some extent interlink ...
since 1714, were separated in 1837 upon the death of King William IV
William IV (William Henry; 21 August 1765 – 20 June 1837) was King of the United Kingdom of Great Britain and Ireland and King of Hanover from 26 June 1830 until his death in 1837. The third son of George III, William succeeded h ...
: his niece Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
inherited the British crown under male-preference primogeniture but, because of semi-Salic law, was not the heir to that of Hanover, which passed to William's eldest surviving brother, Ernest Augustus, King of Hanover
Ernest Augustus (german: Ernst August; 5 June 177118 November 1851) was King of Hanover from 20 June 1837 until his death in 1851. As the fifth son of King George III of the United Kingdom and Hanover, he initially seemed unlikely to become a m ...
.
The divergence in the late 19th century of the thrones of Luxembourg and the Netherlands, both subject to semi-Salic law, resulted from the fact that the Luxembourg line of succession went back more generations than did the Dutch line. The Luxembourg succession was set by the Nassau House Treaty of 1783, which declared each prince of the House of Nassau
The House of Nassau is a diversified aristocratic dynasty in Europe. It is named after the lordship associated with Nassau Castle, located in present-day Nassau, Rhineland-Palatinate, Germany. The lords of Nassau were originally titled "Count o ...
to be a potential heir to the territories of every branch of the dynasty. Insofar as the succession is concerned, the Grand Duchy of Luxembourg is the successor state to the Principality of (Orange-)Nassau-Dietz
The House of Nassau is a diversified aristocratic dynasty in Europe. It is named after the lordship associated with Nassau Castle, located in present-day Nassau, Rhineland-Palatinate, Germany. The lords of Nassau were originally titled "Count ...
, which was given in exchange to William VI of Nassau, Prince of Orange, in 1813. Succession to the new Kingdom of the Netherlands was recognised by the Congress of Vienna
The Congress of Vienna (, ) of 1814–1815 was a series of international diplomatic meetings to discuss and agree upon a possible new layout of the European political and constitutional order after the downfall of the French Emperor Napoleon B ...
in 1815 as belonging exclusively to the descendants of Prince William VI, who became King William I of the Netherlands
William I (Willem Frederik, Prince of Orange-Nassau; 24 August 1772 – 12 December 1843) was a Prince of Orange, the King of the Netherlands and Grand Duke of Luxembourg.
He was the son of the last Stadtholder of the Dutch Republic, who went ...
. In 1890, William I's agnatic line of male descendants died out, leaving the Netherlands to his female descendant Queen Wilhelmina
Wilhelmina (; Wilhelmina Helena Pauline Maria; 31 August 1880 – 28 November 1962) was Queen of the Netherlands from 1890 until her abdication in 1948. She reigned for nearly 58 years, longer than any other Dutch monarch. Her reign saw World Wa ...
, whereas Luxembourg still had an agnatic heir from a distant branch of the dynasty left to succeed; ex- Duke Adolf of Nassau, who became reigning Grand Duke, thus ending the personal union
A personal union is the combination of two or more states that have the same monarch while their boundaries, laws, and interests remain distinct. A real union, by contrast, would involve the constituent states being to some extent interlink ...
of the Netherlands and Luxembourg.
Since the Middle Ages, the quasi-Salic principle was prevalent for the inheritance of feudal land in the Holy Roman Empire: inheritance was allowed through females when the male line expired. Females themselves did not inherit, but their male issue could. For example, a grandfather without sons was succeeded by his grandson, the son of his daughter, although the daughter still lived. Likewise, an uncle without sons of his own was succeeded by his nephew, a son of his sister, even if the sister still lived.
Common in feudal Europe outside of Germany was land inheritance based on male-preference primogeniture: A lord
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or ar ...
was succeeded by his eldest son but, failing sons, either by daughters or sons of daughters. In most medieval Western European feudal fiefs, females (such as daughters and sisters) were allowed to succeed, brothers failing. But usually the husband of the heiress became the real lord, ruling in right of his wife (''jure uxoris
''Jure uxoris'' (a Latin phrase meaning "by right of (his) wife"), citing . describes a title of nobility used by a man because his wife holds the office or title ''suo jure'' ("in her own right"). Similarly, the husband of an heiress could becom ...
''), though on her death the title would not remain with him but pass to her heir.
In more complex medieval cases, the sometimes conflicting principles of proximity of blood Proximity of blood, or proximity by degree of kinship, is one of the ways to determine hereditary succession based on genealogy. In effect, the application of this rule is a refusal to recognize the right of representation, a component of primogen ...
and primogeniture competed, and outcomes were at times unpredictable. Proximity meant that an heir closer in degree of kinship to the lord in question was given precedence although that heir was not necessarily the heir by primogeniture.
* The Burgundian succession in 1361 was resolved in favor of King John II, son of a younger daughter, on basis of blood proximity, being a nearer cousin of the dead duke than Charles II of Navarre
Charles II (10 October 1332 – 1 January 1387), called Charles the Bad, was King of Navarre 1349–1387 and Count of Évreux 1343–1387.
Besides the Pyrenean Kingdom of Navarre, Charles had extensive lands in Normandy, inherited from his father ...
, grandson of the elder daughter and son of Jeanne. John was only one generation of consanguinity removed from the late duke instead of two for Charles.
* In dispute over the Scottish succession, 1290–1292, the Bruce
The English language name Bruce arrived in Scotland with the Normans, from the place name Brix, Manche in Normandy, France, meaning "the willowlands". Initially promulgated via the descendants of king Robert the Bruce (1274−1329), it has been a ...
family pleaded tanistry
Tanistry is a Gaelic system for passing on titles and lands. In this system the Tanist ( ga, Tánaiste; gd, Tànaiste; gv, Tanishtey) is the office of heir-apparent, or second-in-command, among the (royal) Gaelic patrilineal dynasties of Ir ...
and proximity of blood Proximity of blood, or proximity by degree of kinship, is one of the ways to determine hereditary succession based on genealogy. In effect, the application of this rule is a refusal to recognize the right of representation, a component of primogen ...
, whereas Balliol argued his claim based on primogeniture. The arbiter, Edward I of England
Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassa ...
, decided in favor of primogeniture. But later, the Independence Wars reverted the situation in favor of the Bruce, due to political exigency.
* The Earldom of Gloucester
The title of Earl of Gloucester was created several times in the Peerage of England. A fictional earl is also a character in William Shakespeare's play ''King Lear.''
Earls of Gloucester, 1st Creation (1121)
*Robert, 1st Earl of Gloucester (1100 ...
(in the beginning of 14th century) went to full sisters of the dead earl, not to his half-sisters, though they were elder, having been born of the father's first marriage, while the earl himself was from second marriage. Full siblings were considered higher in proximity than half-siblings.
However, primogeniture increasingly won legal cases over proximity in later centuries.
Later, when lands were strictly divided among noble families and tended to remain fixed, ''agnatic primogeniture'' (practically the same as Salic Law
The Salic law ( or ; la, Lex salica), also called the was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old Du ...
) became usual: succession going to the eldest son of the monarch; if the monarch had no sons, the throne would pass to the nearest male relative in the male line.
Some countries, however, accepted female rulers early on, so that if the monarch had no sons, the throne would pass to the eldest daughter. For example, in 1632 Christina, Queen of Sweden
Christina ( sv, Kristina, 18 December (New Style) 1626 – 19 April 1689), a member of the House of Vasa, was Queen of Sweden in her own right from 1632 until her abdication in 1654. She succeeded her father Gustavus Adolphus upon his death a ...
, succeeded to the throne after the death of her father, King .
In England all land passed to any widow strictly for life, then by primogeniture. Until the Statute of Wills
The Statute of Wills (32 Hen. 8, c. 1 – enacted in 1540) was an Act of the Parliament of England. It made it possible, for the first time in post-Conquest English history, for landholders to determine who would inherit their land upon their dea ...
was passed in 1540, a will could control only personal property. Real estate (land) passed to the eldest male descendant by operation of law
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies wi ...
. The statute gave power to landowners to "devise" land by the use of a new device, part of any will, including heading "testament". The default setting of such primogeniture applying absent express written words in England was not changed until the Administration of Estates Act 1925
The Administration of Estates Act 1925 is an Act passed in 1925 by the British Parliament that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales.
Principal reforms
All authority th ...
.
In law, primogeniture is the rule of inheritance whereby land descends to the oldest son. Under the feudal system of medieval Europe, primogeniture generally governed the inheritance of land held in military tenure (see knight
A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...
). The effect of this rule was to keep the father's land for the support of the son who rendered the required military service. When feudalism declined and the payment of a tax was substituted for military service, the need for primogeniture disappeared. In England the 1540 Act permitted the oldest son to be entirely cut off from inheriting, and in the 17th century military tenure was abolished; primogeniture is, nevertheless, a fading custom of the gentry and farm owners in England and Wales.
An ancient and alternative way in which women succeeded to power, especially without displacing the direct male line descendants of the first monarchs, was consortium or coregency
A coregency is the situation where a monarchical position (such as prince, princess, king, queen, emperor or empress), normally held by only a single person, is held by two or more. It is to be distinguished from diarchies or duumvirates such ...
between husband and wife or other relatives. The most notable are the Egyptian cases of Hatshepsut
Hatshepsut (; also Hatchepsut; Egyptian: '' ḥꜣt- špswt'' "Foremost of Noble Ladies"; or Hatasu c. 1507–1458 BC) was the fifth pharaoh of the Eighteenth Dynasty of Egypt. She was the second historically confirmed female pharaoh, aft ...
and Thutmose III
Thutmose III (variously also spelt Tuthmosis or Thothmes), sometimes called Thutmose the Great, was the sixth pharaoh of the Eighteenth Dynasty. Officially, Thutmose III ruled Egypt for almost 54 years and his reign is usually dated from 28 ...
, and the monarchs of the Ptolemaic Dynasty
The Ptolemaic dynasty (; grc, Πτολεμαῖοι, ''Ptolemaioi''), sometimes referred to as the Lagid dynasty (Λαγίδαι, ''Lagidae;'' after Ptolemy I's father, Lagus), was a Macedonian Greek royal dynasty which ruled the Ptolemaic ...
.
United States and Canada
In British North America
British North America comprised the colonial territories of the British Empire in North America from 1783 onwards. English overseas possessions, English colonisation of North America began in the 16th century in Newfoundland (island), Newfound ...
, the colonies followed English primogeniture laws. Carole Shammas argues that issues of primogeniture, dower, curtesy, strict family settlements in equity, collateral kin, and unilateral division of real and personal property were fully developed in the colonial courts. The Americans differed little from English policies regarding the status of widow, widower, and lineal descendants. The primogeniture laws were repealed at the time of the American Revolution
The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...
. Thomas Jefferson took the lead in repealing the law in Virginia, where nearly three-fourths of Tidewater land and perhaps a majority of western lands were entailed. Canada had the same law but repealed it in 1851.
When Winston Churchill
Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from 1940 to 1945 Winston Churchill in the Second World War, dur ...
and Franklin D. Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
met at Placentia Bay in August 1941, Roosevelt said he could not understand the British aristocracy's concept of primogeniture, and he intended to divide his estate equally between his five children; Churchill explained that an equal distribution was nicknamed the ''Spanish Curse'' by the British upper classes: "We give everything to the eldest and the others strive to duplicate it and found empires. While the oldest, having it all, marries for beauty. Which accounts, Mr President, for my good looks". But as Churchill's father was a younger son, there may have been more modesty than mock-vanity than Roosevelt realised.
Noble titles
Spain
In 2006, King Juan Carlos I of Spain
Juan Carlos I (;,
* ca, Joan Carles I,
* gl, Xoán Carlos I, Juan Carlos Alfonso Víctor María de Borbón y Borbón-Dos Sicilias, born 5 January 1938) is a member of the Spanish royal family who reigned as King of Spain from 22 Nov ...
decreed a reform of the succession to noble titles from male-preference primogeniture to absolute primogeniture.[According to the Spanish Ministry of Justice, the default custom of succession is absolute primogeniture, but the titleholder may designate his or her successor or distribute titles among children, provided that the eldest inherits the highest title unless he waives that right.]
United Kingdom
A bill to reform hereditary peerage inheritance law was tabled in 2013 for absolute primogeniture. The Equality (Titles) Bill
The Equality (Titles) Bill, known colloquially as the "Downton Law" and "Downton Abbey Law", was a Bill of the Parliament of the United Kingdom introduced in 2013 that would have ended a measure of gender discrimination and allowed for equal su ...
was socially dubbed the "Downton law/bill" in reference to the British television drama ''Downton Abbey
''Downton Abbey'' is a British historical drama television series set in the early 20th century, created and co-written by Julian Fellowes. The series first aired in the United Kingdom on ITV on 26 September 2010 and in the United States on P ...
'', in which the Earl's eldest daughter cannot inherit her father's estate as entrusted, unless all of the adult beneficiaries amend the trust (a legal position established in the 1841 case ''Saunders v Vautier
Saunders is a surname of English and Scottish patronymic origin derived from Sander, a mediaeval form of Alexander.See also: Sander (name)
People
* Ab Saunders (1851–1883), American cowboy and gunman
* Al Saunders (born 1947), American footb ...
''). A Lords' Committee was chosen for Committee Stage, which rejected it.
See also
* Order of succession
An order of succession or right of succession is the line of individuals necessitated to hold a high office when it becomes vacated such as head of state or an honour such as a title of nobility.[List of monarchies by order of succession
This is a list of current monarchies by order of succession (hereditary and elective).
Current monarchies
See also
* List of monarchies
Notes
References
{{DEFAULTSORT:Monarchies by order of succession
Order of succession
An order o ...]
* Contrasting systems of succession:
** Proximity of blood Proximity of blood, or proximity by degree of kinship, is one of the ways to determine hereditary succession based on genealogy. In effect, the application of this rule is a refusal to recognize the right of representation, a component of primogen ...
** Agnatic seniority
Agnatic seniority is a patrilineal principle of inheritance where the order of succession to the throne prefers the monarch's younger brother over the monarch's own sons. A monarch's children (the next generation) succeed only after the males o ...
, Rota system
The rota (or rotation) system or the lestvitsa system (from the Old Church Slavonic word for "ladder" or "staircase") was a system of collateral succession practiced
(though imperfectly) in Kievan Rus', later appanages, and early the Grand Duchy ...
and Tanistry
Tanistry is a Gaelic system for passing on titles and lands. In this system the Tanist ( ga, Tánaiste; gd, Tànaiste; gv, Tanishtey) is the office of heir-apparent, or second-in-command, among the (royal) Gaelic patrilineal dynasties of Ir ...
** Elective monarchy
An elective monarchy is a monarchy ruled by an elected monarch, in contrast to a hereditary monarchy in which the office is automatically passed down as a family inheritance. The manner of election, the nature of candidate qualifications, and the ...
* Issue (genealogy)
In genealogy and wills, a person's issue is all their lineal descendants.
Lineal descendants
''Issue'' typically means a person's lineal descendants—all genetic descendants of a person, regardless of degree. Issue is a narrower category than hei ...
* Royal bastard
A royal bastard was a common term (now largely dropped from common usage) for the illegitimate child of a reigning monarch. These children were considered to be born outside of marriage - either because the monarch had an extra-marital affair, o ...
References
{{Authority control
Inheritance
Legal history
Real property law
Succession
Hereditary monarchy