Primogeniture

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Primogeniture is the common tradition of inheritance by the first-born of the entirety of a parent's wealth, estate or office; or in the absence of children, by collateral relatives, in order of seniority of the collateral line.

As a mechanism of succession in hereditary monarchies, some sort of primogeniture has for long been the most used, but it is not the only tradition; nor is it likely the oldest method.

Primogeniture became the most common method of succession in hereditary monarchies as a slow development, correlating with the development of the average life-span in wealthier classes (particularly with the wealth of a monarch's family) increasing to a level where the eldest children of a parent were, on average, more or less adult at the time of the death of the parent. This correlated with the wealthier and healthier conditions and more and better food; and with less personal participation in violent activities, such as warring, marauding, robber expeditions and duels.

Contents

[edit] Definitions

[edit] Agnatic primogeniture

Agnatic primogeniture or patrilineal primogeniture is inheritance according to seniority of age, as reckoned among descendants and then collateral kin through the male line, by the eldest male child (if there is a male child). One's agnate may be male or female, provided that the kinship is calculated patrilineally, i.e., only through males back to a common ancestor.[1] Therefore, agnatic primogeniture occurs in at least three known variations.

Salic primogeniture absolutely excludes females from the inheritance. A variation on Salic primogeniture allows the sons of women to inherit, but not women themselves.

Semi-Salic succession allows female agnates (or their descendants) to inherit only if all eligible male agnates are extinct. 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 of the family inherits, even if another female agnate of the family is senior by primogeniture. Among sisters (or their descendants), the elder are preferred to the younger. In reckoning propinquity, the law defines who among female relatives is "nearest" to the last male.

Male-preference primogeniture allows females to succeed after their brothers (or their dead brothers' descendants), but before uncles and cousins. The term agnatic-cognatic primogeniture is used in the same meaning. This was the most common primogeniture practiced in Western European feudalism, such as the Castilian Siete Partidas. In German dynasties, however, semi-Salicism prevailed.

[edit] 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.

  • Sweden adopted equal primogeniture in 1980. The beneficiary of this was Victoria, the Crown Princess. Several other monarchies have since followed: the Netherlands in 1983, Norway in 1990 and Belgium in 1991.
  • In July 2006, the government of Nepal passed a bill which changed the order of succession from agnatic to equal primogeniture.[1]
  • In Japan, there are currently debates over whether to adopt lineal or some form of mixed primogeniture, as Princess Aiko is the only child of Crown Prince Naruhito. However, the birth on September 6, 2006, of Prince Hisahito, a son of Prince Akishino (younger brother of Crown Prince Naruhito, and next in line to the Chrysanthemum Throne after Naruhito) has removed some of the immediacy of succession reform.
  • In Spain, José Luis Rodríguez Zapatero's government intends to reform the Spanish Constitution of 1978 to assure the inheritance of Infanta Leonor.
  • The Danish parliament has recently unanimously voted in favour of a new royal succession law that would allow a first-born child to one day ascend the throne. Before entering into force the bill must also be voted through the next parliament, which should be elected in general elections to be held in less than four years, before finally being submitted to a referendum. At least 40 per cent of registered voters must be in favour of the law change for it to be adopted.[2]

[edit] Matrilineal primogeniture

No known monarchy in Europe applies or has applied matrilineal primogeniture (uterine primogeniture) or any other form of hereditary succession to total exclusion of males. Certain tribes in Africa, however, apply matrilineal primogeniture, see Rain Queen. There is some evidence that matrilineal descent and consort was an important factor deciding successions in ancient Egypt, though any matrilineal rule was certainly not consistent, nor was any primogeniture strictly patrilineality either. Cambodian royal custom requires for an heir's relevancy that he or she be born of the royal dynasty in both maternal and paternal sides.

[edit] Historical examples

A case of agnatic primogeniture is exemplified in the French royal milieu, the Salic Law (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 Charles IV of France (Edward III of England or Philip VI of France), the separation between Hanover (where Ernest I succeeded) and the United Kingdom upon the accession of Queen Victoria in 1837, the separation of the ducal house of Luxembourg from the royal house of the Netherlands, and partially explains the role of Carlism in Spain.

Since the Middle Ages, there is one practical system of succession in primogeniture, so-called Quasi-Salic inheritance: succession is allowed also through female line, just females themselves do not inherit, but the sons of females do. For example, a grandfather, without sons, is succeeded by his grandson, a son of his daughter, when the daughter in question is still alive; or an uncle, without own children, is succeeded by his nephew, a son of his sister, when the sister in question is still alive.

This actually fulfills the Salic condition of "no land comes to a woman, but the land comes to the male sex".

The most common hereditary system in feudal Europe was based on a form of primogeniture, where a lord was succeeded by his eldest son; failing sons, either by daughters or by sons of daughters. Great Britain and Spain, where also females are allowed to succeed, are today continuing this old model of succession law. 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 and the title iure uxoris.

In more complex medieval cases, the sometimes conflicting principles of proximity of blood and primogeniture battled, and outcomes could have been idiosyncratic. Proximity meant that a heir closer in degrees of kinship to the lord in question was given precedence although that heir was not necessarily the primogenitural heir.

  • The succession of Duchy of Burgundy in 1361 was resolved in favor of John, son of a younger daughter, on basis of proximity, because he was a closer cousin of the dead duke than Charles, the grandson of the elder daughter. Proximity sometimes favored younger lines (directly contrary to the outcome from applying primogeniture), since it was more probable that from a younger line, a member of an earlier generation was still alive compared with the descendants of the elder line.
  • In dispute over the succession of the Kingdom of Scotland 1290-91, the Bruce family pleaded tanistry and proximity of blood, whereas Balliol 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, however, not because of legal arguments, but because of positions in the war and capability and sheer luck.
  • The Earldom of Gloucester (in the beginning of 14th century) went to full sisters of the dead earl, not to earl's half-sisters who were elder, having been born of father's first marriage, when the earl himself was from 2nd 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) became the most 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 through 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, Queen Elizabeth II of the United Kingdom succeeded to the throne after the death of her father, King George VI.

In England, primogeniture was mandatory for inheritance of land. Until the Statute of Wills was passed in 1540, a will could only control the inheritance of personal property. Real estate (land) passed to the eldest male descendant by operation of law. 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 1926.

[edit] 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, firstly and foremostly, a military protector.

  • His income was very dependent on protection money collected from those people he was in office of protecting against wars, violence, crimes, other injustices (this sort of protection money, more or less extorted from people by use or threat of the violent powers of the protector himself, was labelled by the less-infuriating terms "tax" and "duty").
  • It was very useful, or even requisite, that the monarch be a warrior, and a commander of military. And, also, war troops (consisting typically only of males) were perceived to approve only males as their commanders, or even warriors.
  • Additionally, in some monarchies (such as France), the monarch held a certain mystical position, some task best described as priestly position (high priest or demigod). That sort of position was, depending on the tradition in question, often denied of females. In the French monarchy, one of the official explanations for the Salic Law was that the monarch was obliged to use certain sacred instruments, which females are forbidden even to touch.

However, the modern science of genetics has revealed a significant factor in favour of male primogeniture is the fact that it ensures genetic continuity of the royal line. Because the human Y chromosome changes relatively slowly over time and is only passed along the direct male line, it may be used to trace paternal lineage. The human Y chromosome is unable to recombine with the X chromosome, except for small pieces of pseudoautosomal regions at the telomeres (which comprise about 5% of the chromosome's length).

[edit] 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, having no prospect of inheriting land or property, were obliged to seek careers in the Church, the Armed Forces or in Government. Wills often included bequests to a monastic order who would take the disinherited. Many of the Spanish Conquistadors were young sons who had to make their fortune in war. In the late 17th and early 18th Centuries, many specifically chose to leave England for Virginia in the Colonies. Most, if not almost all, of the early Virginians who were plantation owners were such younger sons who had left England because of 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 14th and early 15th Centuries, especially through the prodigious offspring of Edward III of England. William Shakespeare's King Lear can be seen as an argument in favor of primogeniture as the tragically flawed action of Lear is dividing his country into three amongst his daughters. The division of his land marks the beginning of the unraveling of everything else in the play.

[edit] 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. Alternately, one might think that, as with most property, the land will go to its most useful purpose no matter what the initial distribution (the Coase Theorem). Finally, nobles tended to complain about and resist rules of primogeniture (though this opposition might indicate primogeniture among nobles was good for the king).

Primogeniture also can lead to less than able successors. See for example Christian VII of Denmark who was likely schizophrenic and Afonso VI of Portugal who was a half-wit.

[edit] 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. Some examples of widely used methods of alternative order of succession:

[edit] References

  1. ^ Murphy, Michael Dean. A Kinship Glossary: Symbols, Terms, and Concepts. Retrieved on 2006-10-05.

[edit] See also

[edit] External links

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