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Primogeniture () is the right, by law or custom, of the firstborn legitimate child to inheritance all or most of their parent's estate, as well as succeed their parent as the ruler of a state.
Primogeniture stands in contrast 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)."primogeniture, n."
(accessed 26 October 2019). It can also mean by the firstborn daughter (matrilineal primogeniture), or firstborn child (absolute primogeniture).
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 (absent a coup d'état) replace a ruler, thus making it less desirable to cause the death of the monarch.
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 (Moiety title); 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. Currently, succession to the Saudi Arabian throne 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 (see lateral succession) or the later Ottoman Empire (see succession practices).
Some monarchies have (at least in principle) no element of heredity in their laws of succession at all and monarchs are elected. The Holy Roman Emperor was chosen by a small number of powerful from among Imperial magnates, while kings of Poland-Lithuania were elected directly by the nobility. Intermediate arrangements also exist, such as restricting eligible candidates to members of a dynasty (as is currently done in Cambodia).
Tanistry refers to inheritance by "the most talented male member of the royal dynasty."
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 (absent a coup d'état) replace a ruler, thus making it less desirable to cause the death of the monarch.
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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 to the most recent monarch.
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 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.
It was practised in the succession to the once-separate thrones of Kingdom of England and Kingdom of Scotland, then in the Kingdom of Great Britain, and then the United Kingdom until 2015, when the Succession to the Crown Act 2013 (effective March 26, 2015) changed it to absolute primogeniture (to the eldest legitimate child, regardless of sex). This rule change was simultaneously adopted by the other Commonwealth realms that have the same monarch as their head of state. With respect to , it is usually the rule everywhere in Scotland and baronies by writ in the United Kingdom, but usually these baronies by writ go into abeyance 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. In England, Fiefs or titles granted "in tail general" or to "heirs general" follow this system for sons, but daughters are considered equal co-heirs to each other, which can result in abeyance. In the medieval period, actual practice varied with local custom. While women could inherit manors, power was usually exercised by their husbands ( jure uxoris) or their sons ( jure matris). However, in Scotland, Salic law or any of its variations have never been practised, and all the hereditary titles are inherited through male-preference primogeniture, where in the extinction of a male line, the eldest sister automatically receives the titles, and rules in her own right, not in the right of her son. A famous example of this is Marjorie, Countess of Carrick, mother of Robert the Bruce, who was the Countess of Carrick in her own right.
A similar system was practised in many of the kingdoms of the Indian subcontinent from the Middle Ages to the Indian independence movement. In many of these kingdoms, adoption was allowed from a relative if a monarch did not have children, and the adopted child could succeed to the throne at the death of the monarch. (Shahu I adopted Rajaram II who ruled as king and he in turn adopted Shahu II who ruled as the next king. Princess Bharani Thirunal Parvathy Bayi, the mother of the reigning Queen Gowri Lakshmi Bayi of Travancore, had been adopted). Often, the wife or mother of a childless king were allowed to succeed to the throne as well and allowed to rule as queen regnants in their own right, until their death, after which the throne passed to the next closest relative. An early example of this is Didda, who ascended the throne of Kashmir in 980 CE after the death of her grandson and ruled until 1003 CE. Another example is Qudsia Begum who became the Nawab of Bhopal in 1819 CE after the death of her husband and ruled until 1837 CE. Other famous queens include Rudrama Devi, Keladi Chennamma, Ahilyabai Holkar, Velu Nachiyar and Gowri Lakshmi Bayi. Razia Sultana was a rare example of a queen who succeeded her father even when her brothers were alive. She was the reigning queen of the Delhi Sultanate from 1236 to 1240 CE.
Male-preference primogeniture is currently practised in succession to the thrones of Monaco (since 1454) and Spain (before 1700 and since 1830).
The Rain Queen of the Balobedu nation has been cited as an example of matrilineality 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, 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; the matter remains legally contested.
In Kerala, southern India, a custom known as Marumakkathayam was practiced by the Nair nobility, the Malabar Muslims and royal families. Through this system, descent and the inheritance of property were passed from the maternal uncle to nephews or nieces. The right of the child was with the maternal uncle or the mother's family rather than the father or the father's family. Through this bloodline, surnames, titles, properties, and everything of the child are inherited from his uncle or mother. Almost all the kingdoms in Kerala practised this system, including the Kingdom of Calicut, Kingdom of Cochin, the kingdom of Kolathunadu and the Kingdom of Valluvanad, to name a few. The Arakkal kingdom followed a similar matrilineal system of descent: the eldest member of the family, whether male or female, became its head and ruler; the male rulers were called Ali Rajah and female rulers were called as Arakkal Beevis. Usually after one king, his nephew through his sister succeeded to the throne, and his own son receives a courtesy title but has no place in the line of succession. In the absence of nephews, nieces could also succeed to the kingdom, as in the case of Queen Gowri Lakshmi Bayi who was the queen regnant from 1810 to 1813. Since Indian Independence and the passing of several acts such as the Hindu Succession Act (1956), this form of inheritance is no longer recognised by law. Regardless, the pretender to the Travancore throne is still determined by matrilinear succession.
The Akans of Ghana and the Ivory Coast, West Africa have similar matrilineal succession and as such Otumfuo Nana Osei Tutu II, Asantehene inherited the Golden Stool (the throne) through his mother (the Asantehemaa) Nana Afia Kobi Serwaa Ampem II.
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 to a monastic order for an already suitably educated, disinherited son.
Many of the Spanish were younger sons who had to make their fortune in war. In the late 17th and early 18th centuries, many younger sons of England 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 left Britain and Ireland fortuneless due to primogeniture. These were key ancestors of the Founding Fathers of the United States of America.
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 in Numbers 27.
Most indicated their choice of successor, usually a close family member or adopted 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.Winterling, Aloys. Politics and Society in Imperial Rome. (John Wiley & Sons, 2009, originally published 1988 in German.) p. 16. 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.
Adam Smith, 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:
In the lands of Napoleon Bonaparte's conquests, Salic law was adopted, including the French Empire and its satellites the Kingdom of Westphalia and the Kingdom of Holland. Other states adopted Salic primogeniture as well, including Belgium, Sweden, 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 Wars) fought a civil war which pitted the Salic and female-line heirs of the ruling dynasty against one another for possession of the crown.
However, in Scotland, Salic law has never been practised, and all the are inherited through male-preference primogeniture, where in the extinction of a male line, the eldest sister automatically receives the titles, and rules in her own right, not in the right of her son. A famous example of this is Marjorie, Countess of Carrick, mother of Robert the Bruce, who was the Countess of Carrick in her own right.
A variation of this form of primogeniture allowed the sons of female dynasts to inherit, but not women themselves, an example being the Francisco Franco succession to the throne of Spain that was applied in 1947–1978.
Conflict between the Salic law and the male-preferred system was also the genesis of Carlism in Spain and Miguelist 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.
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, 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 agnatic-cognatic or semi/quasi-Salic primogeniture was prevalent for the inheritance of feudal land in German kingdoms in or near 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), though on her death the title would not remain with him but pass to her heir.
In more politicized medieval cases, the sometimes conflicting principles of proximity of blood and primogeniture competed against one another. Inheritance matters were decided not based on consistent principles but expedient outcomes. 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 (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.
Some countries, however, accepted female rulers early on, so that if the monarch had no sons, the throne would pass to the eldest daughter, or in a few cases, the next closest female relative. Examples of queens in antiquity include Hatshepsut and Cleopatra, pharaohs of Egypt, Zenobia, Empress of Palmyrene Empire, Shammuramat of the Assyrian empire, as well as Boudica, queen of Iceni, and Cartimandua, queen of Brigantes, both tribes in Britain. A few prominent examples in medieval times include the following queens by country -
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 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. 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.
When Winston Churchill 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.
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