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Primogeniture is the common law right of the firstborn son to inherit the entire estate, to the exclusion of younger siblings. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive An estate is the Net worth of a person at any point in time It is the sum of a person's Assets - legal rights interests and entitlements to Property of Basically any further fathering of the clan was for sex's sake. It is the tradition brought by the Normans of Normandy to England in 1066. The Normans were the people who gave their names to Normandy, a region in northern France. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland According to the Norman tradition, the firstborn son inherited the entirety of a parent's wealth, estate, title or office; or in the absence of children, by collateral relatives, in order of seniority of the collateral line. Seniority is the concept of a person or group of people being in charge or in command of another person or group An example of this was the many younger sons of the British aristocracy that came to the colonial Southern United States. Aristocracy is a form of Government, where rule is established through an internal struggle over who has the most status and influence over society and internal relations The Southern United States &mdashcommonly referred to as the American South, Dixie, or simply the South &mdashconstitutes a large distinctive There they tried to replicate the manorial system of England with the monetary settlements they received, but they also incorporated elements of the Barbadian plantation system to establish a new class of citizens - the planter class. This article is about the medieval system "Manors" redirects here Barbados ( Portuguese word for bearded-ones, bɑrˈbeɪdoʊz -dɒs situated just east of the Caribbean Sea, is an independent Island nation A plantation economy is an Economy which is based on Agricultural mass production usually of a few staple products grown on large farms called Plantations Social class refers to the hierarchical distinctions (or stratification) between individuals or groups in Societies or Cultures.

Contents

Definitions

The type of marriage prevalent in each culture plays a crucial role in the adoption of differing primogenitures. In Christian Europe, the church had a monopoly on the power to sanction marriage. They discouraged polygamy, divorce and remarriage. Consequently, in Europe, it was extremely difficult to ensure succession solely by direct male line or even by direct offspring. In Islamic, India and Oriental cultures, the practice of polygamy or use of consorts were either sanctioned by religion, or that religion had no power to sanction marriage. Consequently, monarchs could ensure that there were large enough male offspring. In such cultures, most dynasties never had a female as head of state. In Japan, the Meiji emperor was the last to have a female consort. While the current system still mandates that the heir to the throne must be a male, there is currently only one male grand child of the current emperor.

Agnatic primogeniture

Agnatic primogeniture or patrilineal primogeniture is inheritance according to seniority of birth among the children of a monarch or head of family, with sons inheriting before brothers, and male-line descendants inheriting before collateral relatives in the male line, and to the total exclusion (according to some sources) of females and descendants through females. " Pater Familias " or " Pater Families " is the third Season finale of Ghost Whisperer, it originally aired on May Patrilineality (aka agnatic kinship) is a system in which one belongs to one's father's lineage it generally involves the Inheritance of property names or titles [1] Exclusion of females from dynastic succession is more commonly referred to as application of the Salic law (see Terra salica). A dynasty is a succession of rulers who belong to the same family for generations Salic law ( Lat Lex Salica) was an important body of traditional Law codified for governing the Salian Franks in the Early Middle Ages Terra salica was a legal term used in the Salian code. It referred to land that could be passed on to male heirs alone and could not be sold or otherwise disposed In the 19th century, only the Bourbons and Savoys among Europe's historic national dynasties continued to exclude women from succession, while the new monarchies or dynasties of Belgium, Denmark (from 1853), Sweden (from 1810), and the Balkan realms of Bulgaria, Montenegro, Romania, and Serbia introduced Salic law. The House of Bourbon is an important European Royal house, a branch of the Capetian dynasty. For the two French départements of the region of Savoy see Savoie and Haute-Savoie Savoy ( French During this era, Spain fought civil wars which pitted the Salic and female-line heirs of their dynasties against one another for possession of the crown. The Carlist Wars in Spain were the last major European Civil wars in which pretenders fought to establish their claim to a throne Most British and French titles of nobility descend to the senior male by primogeniture, to the exclusion of females, although cadets may bear courtesy titles. This article refers to the general definition of cadet A Cadet may also be a member of the Cadets, a historical Russian Political party. A courtesy title is a form of address in systems of Nobility used by children former wives and other close relatives of a peer. A variation on Salic primogeniture allows the sons of women to inherit, but not women themselves, e. g. succession to the throne of Spain from 1947–1978. [2]

Agnatic-cognatic primogeniture

One's agnate may be male or female, provided that the kinship is calculated patrilineally, i. Patrilineality (aka agnatic kinship) is a system in which one belongs to one's father's lineage it generally involves the Inheritance of property names or titles e. , only through males back to a common ancestor. [3] Agnatic-cognatic primogeniture allows female agnates (or their descendants) to inherit once there are no surviving male agnates. [4] The term semi-Salic succession is used in the same meaning. Usually, 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 law defines who among female relatives is "nearest" to the last male. Consanguinity (" con- (with sanguine (blood -ity" refers to the property of being from the same Lineage as another person Proximity of blood, or closeness in degree of Kinship, is one of the ways to determine hereditary Succession based on Genealogy. Definitions varied among monarchies where semi-Salic succession was prevalent. This is currently the law of Luxembourg. Luxembourg (Groussherzogtum Lëtzebuerg Grand-Duché de Luxembourg Großherzogtum Luxemburg is a small Landlocked country in Western Europe, bordered by

Cognatic primogeniture

Cognatic primogeniture (also known as male-preference primogeniture) allows a female to succeed if she has no living brothers and no deceased brothers who left surviving legitimate descendents. This was the most common primogeniture practiced in Western European feudalism, such as the Castilian Siete Partidas. Feudalism, a term first used in the early modern period (17th century in its most classic sense refers to a Medieval Europe Political system composed The Siete Partidas (Seven-Part Code or simply Partidas was a Castilian statutory code first compiled during the reign of Alfonso X of Castile In Europe, male-preferred primogeniture is currently practised in Denmark, Monaco, Spain and the United Kingdom. The Kingdom of Denmark ( ˈd̥ænmɑɡ̊ (archaic ˈd̥anmɑːɡ̊ commonly known as Denmark, is a country in the Scandinavian region of northern Europe For other uses see Monaco (disambiguation Monaco, officially the Principality of Monaco ( French: Principauté de Monaco; Monégasque Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located It is also usually the rule for inheritance of noble titles in Spain, Scotland and baronies-by-writ in the United Kingdom. Hereditary peers form part of the Peerage in the United Kingdom.

Absolute primogeniture

Absolute, equal or lineal primogeniture is inheritance by the oldest surviving child without regard to gender. It is also known as (full) cognatic primogeniture today. This form of primogeniture was not practiced by any monarchy before 1980. [5]

Matrilineal primogeniture

Matrilineal primogeniture is a form of succession where the eldest female child inherits the throne to the total exclusion of males. The order of succession to the position of the Rain Queen is an example in an African culture of matrilineal primogeniture: not only is dynastic descent reckoned through the female line, but only females are eligible to inherit. The Modjadji or Rain Queen is the hereditary queen of Balobedu, the people of the Limpopo Province of Matrilineality is a system in which lineage is traced through the mother and maternal ancestors A dynasty is a succession of rulers who belong to the same family for generations

Uterine primogeniture

A right of succession may also be inherited by a male through a female ancestor or spouse, to the exclusion of any female heir who might be older or of nearer proximity of blood; Spain's mid-twentieth century dynastic succession law has been mentioned. In such cases, inheritance was based on uterine kinship[9]. So a king would typically be succeeded by his daughter's husband jure uxoris or by his sister's son. Jure uxoris is a Latin term that means "by right of the wife This particular system of inheritance applied to the thrones of the Picts of Northern Britain and the Etruscans of Italy. The Picts were a Confederation of tribes in what was later to become eastern and northern Scotland from Roman times until the 10th century Etruscan civilization is the modern English name given to the culture and way of life of a people of ancient Italy

Historical examples

A case of agnatic primogeniture is exemplified in the French royal milieu, where the Salic law (attributed to the Salian Franks) forbade any inheritance of a crown through the female line. This article is about the country For a topic outline on this subject see List of basic France topics. Salic law ( Lat Lex Salica) was an important body of traditional Law codified for governing the Salian Franks in the Early Middle Ages See also Salian Franks, Salic law The Salian dynasty was a Dynasty in the High Middle Ages of four German Kings (1024-1125 The Franks or Frankish people (Franci or gens Francorum) were West Germanic tribes first identified in the 3rd century as an Ethnic group This rule was adopted to solve the dispute over the legitimate successor of Charles IV of France (Edward III of England or Philip VI of France). The Hundred Years' War (Guerre de Cent Ans was a prolonged conflict lasting from 1337 to 1453 between two royal houses for the French throne vacant with the extinction of the senior Charles IV (18/ 19 June 1294 – 1 February 1328) was the King of France and of Navarre (as Charles I) and Edward III (13 November 1312 &ndash 21 June 1377 was one of the most successful English monarchs of the Middle Ages. Philip VI (1293 &ndash 22 August 1350) known as the Fortunate ( French: le Fortuné) and of Valois, was the Conflict between the Salic law and the male-preferred system was also the genesis of Carlism in Spain. Carlism is a traditionalist and legitimist political movement in Spain seeking the establishment of a separate line of the Bourbon family on Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula.

The 1837 divergence of the crowns of Hanover and Great Britain upon the death of William IV of the United Kingdom resulted in the succession of his eldest surviving brother Ernest I to Hanover, while the United Kingdom was inherited by his niece, Queen Victoria, was due to the operation of semi-Salic law in Hanover and to male-preference primogeniture in the British Empire. Hanover (i ( haˈnoːfɐ on the river Leine, is the capital of the federal state of Lower Saxony ( Niedersachsen See also Kingdom of Great Britain Great Britain (Breatainn Mhòr Prydain Fawr Breten Veur Graet Breetain is the larger of the two main islands William IV (William Henry 21 August 1765 &ndash 20 June 1837 was King of the United Kingdom of Great Britain and Ireland and of Hanover from 26 June 1830 until Ernest Augustus I King of Hanover ( 5 June 1771 &ndash 18 November 1851) also (1799-1851 the Duke of Cumberland and Teviotdale The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Victoria (Alexandrina Victoria 24 May 1819 – 22 January 1901 was from 20 June 1837 the Queen of the United Kingdom of Great Britain and Ireland

In 1890, the divergence of the thrones of Luxembourg and the Netherlands, both ruled by semi-Salic law, was caused by the fact that the Luxembourg line of succession went back more generations than the Dutch one. The Luxembourg succession was ruled by the provisions of the Nassau House Treaty of 1783. Where the succession is concerned, Luxembourg is the successor state to the Principality of (Orange-) Nassau-Dietz. The Dutch succession only went back to King William I (1815-1840). Therefore Luxembourg still had agnatic heirs from another branch of the House of Nassau left to succeed, while in the Netherlands the male line starting with William I was depleted.

Since the Middle Ages, the semi-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 a form of 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, assuming his wife's title with the suffix jure uxoris. Jure uxoris is a Latin term that means "by right of the wife

In more complex medieval cases, the sometimes conflicting principles of proximity of blood and primogeniture competed, and outcomes were at times unpredictable. Proximity of blood, or closeness in degree of Kinship, is one of the ways to determine hereditary Succession based on Genealogy. 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.

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) 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. Salic law ( Lat Lex Salica) was an important body of traditional Law codified for governing the Salian Franks in the Early Middle Ages

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, Queen Christina of Sweden succeeded to the throne after the death of her father, King Gustav II Adolf. Christina (Kristina Augusta ( – 19 April 1689 later known as Christina Alexandra and sometimes Countess Dohna, was For the other Swedish kings known as Gustavus Adolphus see Gustav IV Adolf of Sweden or Gustav VI Adolf of Sweden

In England, primogeniture was mandatory for inheritance of land. Until the Statute of Wills was passed in 1540, a will could control only the inheritance of personal property. The Statute of Wills (32 Hen 8 c 1 - enacted in 1540) was an Act of the Parliament of England. 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 The statute added a provision that a landowner could "devise" land by the use of a new device called a "testament". The rule of primogeniture in England was not changed until the Administration of Estates Act in 1925. The Administration of Estates Act 1925 is a law in the United Kingdom which changed the rule of Inheritance from Primogeniture to that of modern day norms

In law, 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). Knight is the English term for a social position originating in the Middle Ages. 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, consequently, there was enacted the Statute of Wills (1540), which permitted the oldest son to be entirely cut off from inheriting, and in the 17th century military tenure was abolished; primogeniture is, nevertheless, still customary in England. In the United States primogeniture never became widely established.

Preference for males in primogeniture

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 most usually was, first and foremost, a military protector.

Arguments in favour of primogeniture

Primogeniture prevents the subdivision of estates and diminishes internal pressures to sell property (for example, if two children inherit a house and one cannot afford to buy out the other's share). In Western Europe, most younger sons of the nobility had no prospect of inheriting property, and were obliged to seek careers in the Church, in military service, or in government. Wills often included bequests to a monastic order who would take the disinherited son. Monasticism (from Greek μοναχός, monachos, derived from Greek monos, alone is the religious practice in which one

Many of the Spanish Conquistadors were younger sons who had to make their fortune in war. This article is about the Spanish explorer soldiers of the fifteenth and sixteenth centuriesfor other uses see Conquistador (disambiguation A Conquistador In the late seventeenth and early eighteenth centuries, many younger sons of English aristocrats specifically chose to leave England for Virginia in the Colonies. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The Commonwealth of Virginia ( is an American state Many of the early Virginians who were plantation owners were such younger sons who had left England fortuneless due to primogeniture laws. These Founding Fathers of the United States of America were nearly universally descended from the landed gentry of England, with many being descended from English Kings of the late fourteenth and early fifteenth centuries, especially through the numerous offspring of Edward III of England. The United States of America —commonly referred to as the Edward III (13 November 1312 &ndash 21 June 1377 was one of the most successful English monarchs of the Middle Ages.

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 in the 21st century. [10] Empress Gemmei (661-721), who was followed on the throne by her daughter, Empress Genshō (680-678), remains the sole exception to this conventional argument. (661 &ndash December 29 721 was the 43rd imperial ruler of Japan, according to the traditional order of succession Empress Genshō (元正天皇 Genshō-tennō) (680 &ndash May 22, 748) was the 44th imperial ruler of Japan, according to the traditional

Arguments against primogeniture

The fact that the eldest son "scooped the pool" often led to ill-feeling amongst younger sons (and of course daughters). Through marriage, estates inherited by primogeniture were combined and some nobles achieved wealth and power sufficient to pose a threat even to the crown itself. Finally, nobles tended to complain about and resist rules of primogeniture (though this opposition might indicate primogeniture among nobles was good for the king).

In Democracy in America, Alexis de Tocqueville argues that the abolition of the laws of primogeniture and entail in the law of inheritance of private property (as opposed to inheritance of a monarchy) result in the more rapid division of land and thus force landed people to seek wealth outside of the family estate in order to maintain their previous standard of living, accelerating the death of the landed aristocracy and also quickening the shift to democracy. De la démocratie en Amérique (published in two volumes the first in 1835 and the second in 1840 is a classic French text by Alexis de Tocqueville Fee tail or entail is an obsolete term of art in Common law. It describes an estate of Inheritance in Real property which cannot Aristocracy is a form of Government, where rule is established through an internal struggle over who has the most status and influence over society and internal relations Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system [11]

Other methods of succession

Main article: Order of succession

There are several other ways to organize hereditary succession, which produce more or less different outcome than primogeniture. An order of succession is a formula or algorithm that determines who inherits an office upon the death resignation or removal of its current occupant Some examples of widely used methods of alternative order of succession:

References

  1. ^ Nordisk familjebok, Tronföljd, 1920
  2. ^ Velde, François (20050519). Heraldica.org. Documents relating to the Spanish Succession. Retrieved on 2007-11-03. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 644 - Umar ibn al-Khattab, the second Muslim Caliph, is killed by a Persian slave in Medina.
  3. ^ Murphy, Michael Dean. A Kinship Glossary: Symbols, Terms, and Concepts. Retrieved on 2006-10-05. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 869 - The Fourth Council of Constantinople is convened to decide about what to do about Patriarch Photius of Constantinople
  4. ^ Nordisk familjebok, Tronföljd, 1920; SOU 1977:5 Kvinnlig tronföljd.
  5. ^ SOU 1977:5 Kvinnlig tronföljd, p. 16.
  6. ^ New Kerala.
  7. ^ TV NZ.
  8. ^ Som Vedtaget. Folketing.
  9. ^ Murphy, Michael Dean. A Kinship Glossary: Symbols, Terms, and Concepts. Retrieved on 2006-10-05. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 869 - The Fourth Council of Constantinople is convened to decide about what to do about Patriarch Photius of Constantinople
  10. ^ "Life in the Cloudy Imperial Fishbowl," Japan Times. March 27, 2007.
  11. ^ de Tocqueville, Alexis (1835). "3-The Social Condition of the Anglo-Americans", Democracy in America. De la démocratie en Amérique (published in two volumes the first in 1835 and the second in 1840 is a classic French text by Alexis de Tocqueville  

See also

External links

An order of succession is a formula or algorithm that determines who inherits an office upon the death resignation or removal of its current occupant Salic law ( Lat Lex Salica) was an important body of traditional Law codified for governing the Salian Franks in the Early Middle Ages An heir apparent is an Heir who (short of a fundamental change in the situation cannot be displaced from inheriting the term is used in contrast to Heir presumptive An heir presumptive is the person provisionally scheduled to inherit a throne peerage or other hereditary honor but whose position can be displaced by the birth of an Heir apparent Nobility is a government-privileged title which may be either hereditary (see Hereditary titles) or for a lifetime A royal family is the extended family of a monarch. Generally the head of a royal family is a king or queen regnant Quia Emptores ( Medieval Latin for "because the buyers" the Incipit of the document was a Statute passed by Edward I of England Cestui que, Cestuy que, is an Anglo-French phrase of medieval English invention which appears in the legal phrases cestui que trust, cestui que use

Dictionary

primogeniture

-noun

  1. The state of being the firstborn of the children of the same parents.
  2. An exclusive right of inheritance belonging to the eldest son.
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