Hereditary succession models
Introduction
Succession laws 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 rerar today, 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 lineal primogeniture. In this article, there is introduction to these three major systems of primogenitural hereditary succession.
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. Nowadays, it's used in Japan.
Salic succession excludes women 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 wasn't 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.
Here's a graphical (ficticious) 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:
- Charles II (Magdalena's line is invalid although she's the eldest child)
- Rudolf
- Alfons I (when a succession line, in this case the Charles II's, one is extinct, we go up one level and try another possible line. The only we can use is Alfons I's line, because Augusta is a woman)
- Alfred
Then, there are only four legitime heirs. That's why Salic successions extinguish so fast (the problem in Japan's throne today): because we're excluding all women plus Charles III and Charles IV.
Feudal Primogeniture
Feudal Primogeniture allows women to be heirs, but only if the male possibilities in the same level are extinct. This system is the one used in England, Spain, Monaco and Denmark. This is, maybe, the most complex primogenitural succession law. (However, non-primogenotural successions may seem extremely complex compared to this.)
For a better comprehension, here's our ficticious dynasty again:
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'll be the third in the succession line. For determining the fourth in the succession line, we must choose between Joanna and Alfred, always considering male first and then, women. This makes Alfred the fourth and Joanna (if Alfred dies without children, the level isn't extinct, then, we don't go up!) the fifth in the succession line.
If the dynasty has too much bad luck and Joanna also dies without children we must go up two level (Alfons I is already dead). Then, we get that the level opened by Magdalena has no more male heirs, then, we begin using the women 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:
- Charles II
- Rudolf I
- Alfons I (Back to the first level)
- Alfred
- Joanna
- Magdalena (Back to the first level)
- Charles III
- Augusta (Back to the first level)
- Charles IV
Lineal Primogeniture
Equal or Absolute Primogeniture is the most simple of the systems (only problems usually arise in case of twins and with quarreled renunciations), however relatively new in any use and we can discuss endlessly whether it is intuitive or in practical terms useful. This is the system used in Sweden, Norway, Belgium and the Netherlands. Women and men have the same rights in this system, because we go through the levels from the oldest to the youngest without caring if the heir is man or woman.
Again, here's the ficticious dynasty:
First is Magdalena because being the oldest children. Then, Magdalena's son Charles III (in this system, it should be called Charles II, but we'll mantain the names for convenience). If he dies, Charles II inherits the throne and, then, Rudolf I, his son. If this isn't possible, Augusta should be queen (or duchess, baroness or any title) and, following her, her son Charles IV. As Charles I's youngest son is Alfons I, he should be the heir after Charles IV if he hasn't children. Following Alfons I, the succession order is, first, Joanna and, if she hasn't got children, Alfred.