Hereditary succession models

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Succession law in hereditary monarchy are used for determining who will be the next heir to the throne of a kingdom, principality, etc. Non-primogenitural succession is another group of possibilities, however somewhat rarer today (as of 2005), but regarding primogeniture, there are three succession laws that are the most widespread in the world: primogeniture following the Salic Law, the mixed primogeniture and the cognatic primogeniture. This article presents an introduction to these three major systems of primogenitural hereditary succession.

Contents 1 Salic Law 2 Feudal Primogeniture 3 Equal Primogeniture 4 See also

[edit] Salic Law

The Salic Law, aka agnatic succession was based on legal fiction invoking a misunderstood rule from the property and inheritance laws of Salian Franks in the early Middle Ages. However, the somewhat rigid letter of that law was loosened in time of the Merovingian King Chilperic I of the Franks, allowing females to inherit in certain cases. The system excluding females and issue of females from the succession was one of the causes of the Hundred Years' War because it barred King Edward III of England to be heir of the French throne, leading to a war between both kingdoms. Today, it is used in Japan.

Salic succession excludes females to be heirs of the throne and to pass hereditary rights to their children. An historical example: in 1328, King Charles IV of France died and one possible heir (if not obeying the "Salic law", which was not in use at that time in feudal successions) to the throne was his sister Isabella's son Edward III of England. Isabella had married King Edward II and gave birth to Edward III, heir of the English throne. To avoid an English king ruling France, principles later labelled with the name "Salic Law" were applied and barred Edward III from becoming the king of France. Philip VI of Valois, head of a collateral male line of the Capetian dynasty, was crowned king of France.

The following image is a graphical (fictitious) example:

In the image, the oldest child is the one most to the left and the youngest, the one most to the right. Knowing that no woman nor woman's children can be heirs, the succession line is:

1. Charles II (Magdalena's line is invalid although she is the eldest child)
2. Rudolf
3. Alfons I (When a succession line, in this case the Charles II's, is extinct, we go up one level and try another possible line. The only one that may be used is Alfons I's line, because Augusta is a woman.)
4. Alfred I

Thus, there are only four legitimate heirs out of the ten persons in this example. Because all daughters and their children (in this case Charles III and Charles IV) are excluded, purely Salic successions have difficulty remaining in existence. An example of this is in Japan's throne today, where, of the two children of Emperor Akihito, his eldest son Crown Prince Naruhito, has only a daughter and his second son, Prince Akishino has only one son, Prince Hisahito, an infant. If Prince Hisahito never fathers children, it seems that the current imperial line will become extinct.

[edit] Feudal Primogeniture

Feudal Primogeniture allows females to be heirs, but only if the male possibilities in the same level are extinct. This system is used in the United Kingdom, the other Commonwealth Realms, Spain, Monaco and Denmark. This may be the most complex primogenitural succession law. (However, non-primogenitural successions may seem more complex in comparison.)

The following is the fictitious dynasty from the previous example:

First, we use the level opened by Magdalena starting by the oldest male heir: Charles II. Then, his son Rudolf will succeed him. If this Rudolf dies without children, we must go up one level (the Magdalena's level again) to the next male heir: Alfons I. He will be the third in the succession line. For determining the fourth in the succession line, we must choose between Joanna and Alfred, always considering a male before a female. This makes Alfred the fourth and Joanna (if Alfred dies without children, the level is not extinct, then, we do not go up) the fifth in the succession line.

If Joanna also dies without children, we must go up two levels (Alfons I is already dead). Then, we see that the level opened by Magdalena has no more male heirs, then, we begin using the female succession lines beginning with Magdalena, the oldest woman, and continuing with her son Charles III. If both die, the throne passes to Augusta and, finally, to Charles IV.

The succession is:

1. Charles II
2. Rudolf I
3. Alfons I (Back to the first level)
4. Alfred
5. Joanna
6. Magdalena (Back to the first level)
7. Charles III
8. Augusta (Back to the first level)
9. Charles IV

[edit] Equal Primogeniture

Full Lineal Equal or Absolute Primogeniture is the most simple of the systems (only problems usually arise in case of twins and with quarreled renunciations), however it is relatively new in any use and it is undetermined whether it is intuitive, or in practical terms, useful. This is the system used in Sweden, Norway, Belgium and the Netherlands. Females and males have the same rights in this system, because we go through the levels from the oldest to the youngest regardless of the heir's gender.

Again, here is the fictitious dynasty:

The succession is:

1. Magdalena
2. Charles III (in this system, it would be called Charles II, but we will maintain the names for convenience)
3. Charles II
4. Rudolf I
5. Augusta
6. Charles IV
7. Alfons I
8. Joanna
9. Alfred.

[edit] See also

• Order of succession