Primogeniture

Primogeniture: Definition

The term “primogeniture” has roots in the Latin “primogenitus,” which means “firstborn.” This legal custom effectively made the firstborn male the sole heir. At times, the sole heir could act as a trustee of the estate. However, when male primogeniture was strictly practiced, the other sons were left without an inheritance. As a result, these sons engaged in military conquest and territorial expansion. Therefore, the system of primogeniture had significant political implications in countries where it was practiced.

It is also important to note that there other types of inheritance existed throughout history. For instance, absolute primogeniture preferred the firstborn child regardless of gender, whereas ultimogeniture preferred the youngest child.

Medieval Knights. Richard Marshal unhorses Baldwin III, Count of Guînes, before the Battle of Monmouth in 1233, Historia Major of Matthew Paris. Source: Cambridge, Corpus Christi College Library, vol 2, p. 85. MS 16, fol. 88r, Wikipedia Commons (U.S. public domain).

As was the case with Isabella, male primogeniture was also important for monarchies as a right of succession, for instance, for the English and French crowns. In the recent past, most monarchies in Europe no longer have the preference for males over females when passing on the symbolic rule in their respective countries.

Because primogeniture was linked to land ownership, it primarily existed in agricultural societies, such as Medieval Europe. The goal of primogeniture in such societies was to prevent the division of land until it could no longer be farmed. Indeed, Medieval Europe even had laws that prohibited the landowning class from partitioning their land. Land ownership was an important part of feudalism. However, primogeniture was not limited to Europe. For example, this system also existed in Proto-Oceanic society.

Origin and Type of Primogeniture

The Old Testament of the Bible contains one of the earliest mentions of primogeniture. In it, Isaac is said to have had two sons, Esau and Jacob. Because Esau was Isaac’s firstborn, he had the birthright to his father’s inheritance. In the story, however, Esau sold this right to Jacob.

In contrast, the Roman era did not subscribe to differences between genders or the order of birth when it came to inheritance. The main guiding principle for the aristocracy at this time was competition, which meant that heredity was not sufficient for maintaining this social status. The imperial leadership typically selected its own successor. These successors were usually family members but they were not limited by the order of birth or degree of separation. Considering the size of the Roman Empire, Roman law applied to much of Europe.

Law of Primogeniture

With the decline of the Roman Empire, Medieval Europe gradually saw the establishment of feudalism. Male-line primogeniture was a key aspect of feudalism because this system allowed the European landed aristocracy to maintain power and guarantee social stability.

Calendar scene for September: Ploughing, Sowing, and Harrowing, Simon Bening, ca. 1520-1530. Source: British Library, Wikipedia Commons (public domain).

Landless Knights

By the 900s, knighthood was prevalent in Europe and constituted a separate military class. All noblemen of an appropriate age became knights. However, some knights were landless as a direct consequence of male primogeniture. Knights who held fiefs provided military service to their landowners. If a knight held more than one fief, then he owed service in exchange for each fief. Whereas the Crusades had many causes, they served as one practical way of managing such a large number of landless military men. Knights joined several crusading orders, including the Templars, Hospitalers, the Livonian Order, and Teutonic Knights.

Examples of Primogeniture

There are many examples of primogeniture in Medieval European society. The best-documented examples often relate to the right of monarchic succession.

France

Salic Law, or Lex Salica in Latin, was an important set of laws for Franks in Gaul. This set of laws was introduced around 507-511 during the rule of King Clovis I and was later modified. This king established the Merovingian dynasty. One of the key aspects of the Salic code was that daughters were forbidden from inheriting land. Later on, this part of the code was interpreted to mean that monarchic succession could only occur through male lineage. During the rule of the Valois dynasty (1328 -1589) in France, Salic law was used to prevent female rule.

Merovingian King Clovis I leading the Franks, Battle of Tolbiac, Ary Scheffer, 1836. Source: Wikipedia Commons (public domain).

One example is the establishment of the Valois dynasty itself. French King Charles IV, the son of Philip IV the Fair, died in 1328 without any male descendants. As a result, there were a number of contenders for the throne, including blood relatives Philip, Count of Valois, and Philip, the Count of Évreux, as well as Edward III, the King of England, the son of Isabella of France. Young Edward III was the grandson of Phillip IV the Fair by his mother. Isabella’s ability to give the right of succession to her son became the subject of debate in the context of male-line primogeniture. Ultimately, the French nobles decided that Edward III could not be king because women could not participate in succession to the throne and because of the animosity toward the English. The nobles granted the Kingdom of Navarre to Philip of Évreux and the French throne was given to Philip of Valois (Philip VI).

Edward III of England paying homage to Philip of Valois (Philip VI) of France in Amiens, late 14th century. Source: Grandes Chroniques de France, Wikipedia Commons (public domain).

England and Scotland

In England, male-line primogeniture is usually dated to the 11th-century Norman conquest. Whereas English kings were supposed to pass on their rule to their firstborn male heir, royal succession was not always simple. Political challenges or the inability to produce a male child complicated the matter.

As was the case with France, there are some examples of primogeniture playing an important role in monarchic succession. For instance, after the death of King Malcolm III of Scotland in 1093, primogeniture became an issue although it was not limited by gender. As a result, Malcolm’s son from his first wife Ingibjorg as well as his brother both ruled briefly. Ultimately, however, it was his sons from his wife Margaret, Edgar, Alexander I, and David I who each ruled between 1097 and 1153.

Male Primogeniture and the Question of Gender

In societies that strictly adhered to male primogeniture, women had limited options. Depending on their social status, they were excluded from getting an inheritance in the form of land and money—or from inheriting an aristocratic title. This practice depended on practical questions, such as avoiding the division of land between multiple heirs. However, male primogeniture was also based on traditionally delineated social roles for men and women. Men were expected to participate in warfare as leaders, whereas women were expected to produce multiple children to ensure their survival at a time before modern medicine and low life expectancy.

The Abolishment of Primogeniture

Some countries in Europe still use male-line primogeniture for their royal succession, for instance, Monaco. However, most European monarchies abolished male primogeniture.

Another noteworthy case is Great Britain. The UK only abolished male primogeniture for its Crown through the Succession to the Crown Act (2013). This piece of legislation changed both the Act of Settlement and the Bill of Rights which in the past allowed for a younger son to take precedence over an elder daughter. The Succession to the Crown Act became operational in 2015. However, male primogeniture still exists in Britain. It is men who inherit noble titles.