Absolute cognatic primogeniture
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Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main
estate Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representat ...
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) or, in the West since World War II, eliminate the preference for males over females (absolute male-preference primogeniture). Most monarchies in Western Europe have eliminated this, including: Belgium, Denmark, Luxembourg, Netherlands, Norway,
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. 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 electors from among Europe's Christian males of inherited nobility. 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, as did the Kievan Rus' (see Rota system), the early Kingdom of Scotland (see Tanistry), 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 (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, 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'', ''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, in favor of his elder daughter, Princess Victoria. Several monarchies have since followed suit: the Netherlands in 1983, Norway in 1990, Belgium in 1991, Denmark in 2009, Luxembourg 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, 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 Nepalese 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. However, the birth in 2006 of Prince Hisahito, a son of
Prince Akishino is the younger brother and heir presumptive of Emperor Naruhito of Japan and the younger son of Emperor emeritus Akihito and Empress emerita Michiko. Since his marriage in June 1990, he has had the title and has headed his own branch of the im ...
(the younger brother of Naruhito, and next in line to the Chrysanthemum Throne) has suspended the debate. Monaco, the Netherlands, and Norway 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

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) 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 males are excluded from succession.


Male-preference primogeniture

Male-preference primogeniture accords succession to the throne to a female member of a dynasty 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 and Scotland, and then the United Kingdom 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 and Spain (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 subsidi ...
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 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 April ...
, the most recent Rain Queen, in 2005. The Balobedu Royal Council has not published information concerning its succession norms, but among the Limpopo 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 (the latter means in Latin, chieftain) most usually was, first and foremost, a military leader, as in the millennia-old Book of Numbers. Social norms pointing to kings further flow from making clear, first-generation survivors, so to avoid civil war. 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 "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 such as Empress Genshō (680–748), who succeeded her mother the Empress Gemmei (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), or in government. Some wills made bequests to a monastic order 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 aristocrats chose to leave England for Virginia in the Colonies. Many of the early Virginians who were plantation 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 The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...
of the United States of America.


Arguments against

In '' Democracy in America'', Alexis de Tocqueville observes that abolition of primogeniture and entail 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.


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''). This is something of a misnomer; although Salic law excludes female lines, it also mandates partible inheritance, 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, 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. By proximity of blood, 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 unincorpora ...
. 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 French Empire (french: Empire Français, link=no) may refer to: * First French Empire, ruled by Napoleon I from 1804 to 1814 and in 1815 and by Napoleon II in 1815, the French state from 1804 to 1814 and in 1815 * Second French Empire, led by Nap ...
, the Kingdom of Westphalia, the Kingdom of Holland and, under Napoleonic influence, the House of Bernadotte'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, Bulgaria, Montenegro, Romania, and Serbia. During this era, Spain (in the Carlist conflicts) fought a civil war 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 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, 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, 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 Br ...
until 1833 and the dominions of Austria-Hungary, as well as most realms within the former Holy Roman Empire, i.e. most German monarchies. This was also the law of Russia under the Pauline Laws of 1797 and of Luxembourg 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 or proximity of blood the dynasty's house law 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's claim on France, Philip V of France declared "women do not succeed to the throne of France". In 1328, Philip's successor, Charles IV of France also died sonless, Charles' sister, Isabella of France, 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 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, 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's sons Esau, who was born first, and Jacob, 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 prior to the Roman Empire. 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, Roman law 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.HN.psu.edu
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, 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 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'', 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. 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; which due to the feudal system 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 ''An Inquiry into the Nature and Causes of the Wealth of Nations'', generally referred to by its shortened title ''The Wealth of Nations'', is the ''Masterpiece, magnum opus'' of the Scottish people, Scottish economist and moral philosopher Ada ...
'', explains the origin of primogeniture in Europe in the following way:


Historical examples

A case of agnatic primogeniture is exemplified in the
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...
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) 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, the short-lived son of deceased Louis X of France in favour of Philip V of France (brother of Louis and uncle of John) over Joan II of Navarre (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, 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 (the son of Charles' sister Isabella). While Edward had a stronger claim by proximity of blood, 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 Portugal. The crowns of Hanover and Great Britain, which had been in personal union since 1714, were separated in 1837 upon the death of King William IV: his niece Victoria 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 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 o ...
, 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 in 1815 as belonging exclusively to the descendants of Prince William VI, who became King William I of the Netherlands. In 1890, William I's agnatic line of male descendants died out, leaving the Netherlands to his female descendant Queen Wilhelmina, 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 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 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 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, 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 and proximity of blood, whereas Balliol argued his claim based on primogeniture. The arbiter, Edward I of England, 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, succeeded to the throne after the death of her father, King Gustav II Adolf. In England all land passed to any widow strictly for life, then by primogeniture. Until the Statute of Wills 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). 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 between husband and wife or other relatives. The most notable are the Egyptian cases of Hatshepsut and Thutmose III, 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, 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. 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 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 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 was socially dubbed the "Downton law/bill" in reference to the British television drama '' Downton Abbey'', 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''). A Lords' Committee was chosen for Committee Stage, which rejected it.


See also

* Order of succession *
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 ** Agnatic seniority, Rota system and Tanistry **
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