Editing Primogeniture (section)

===Historical examples===
{{Unreferenced section|date=July 2020}}

{{See also|List of female monarchs}}

A case of agnatic primogeniture is exemplified in the [[France|French]] royal ''milieu'', where 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 [[Salic law#The succession in 1316|dispute over the legitimate successor]] of [[John I of France]], the short-lived son of deceased [[Louis X of France]] in favour of [[Philip V of France]] (brother of Louis and uncle of John) over [[Joan II of Navarre]] (daughter of Louis and sister of John), the {{Interlanguage link multi|Estates-General of 1317|fr|3=États généraux de 1317}} ruling that "Women do not succeed the kingdom of France". In 1328 it was further elaborated to solve the [[Salic law#The succession in 1328|dispute over the legitimate successor]] of Philip V's brother, [[Charles IV of France]], in favour of [[Philip VI of France]] (the son of Charles' uncle Charles of Valois) over [[Edward III of England]] (the son of Charles' sister Isabella). While Edward had a stronger claim by [[proximity of blood]], the court ruled "Women cannot transmit a right which they do not possess", reinforcing agnatic primogeniture. This dispute was among the factors behind the [[Hundred Years' War]], which broke out in 1337.

Conflict between the Salic law and the male-preferred system was also the genesis of [[Carlism]] in Spain and [[Miguelist|Miguelism]] 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 of the United Kingdom|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 Family Pact|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 I of the Netherlands|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 [[William I of the Netherlands|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 [[Wilhelmina of the Netherlands|Queen Wilhelmina]], whereas Luxembourg still had an agnatic heir from a distant branch of the dynasty left to succeed; ex-[[Adolphe, Grand Duke of Luxembourg|Duke Adolf of Nassau]], who became reigning Grand Duke, thus ending the [[personal union]] of the Netherlands and Luxembourg.

Since the Middle Ages, the quasi-Salic principle was prevalent for the inheritance of feudal land in 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.{{citation needed|date=November 2015}} 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 complex medieval cases, the sometimes conflicting principles of [[proximity of blood]] and primogeniture competed, and outcomes were at times unpredictable. 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.
* The [[Philip I of Burgundy|Burgundian succession]] in 1361 was resolved in favor of [[John II of France|King John II]], son of a younger daughter, on basis of blood proximity, being a nearer cousin of the dead duke than [[Charles II of Navarre]], grandson of the elder daughter and son of [[Joan II of Navarre|Jeanne]]. John was only one generation of consanguinity removed from the late duke instead of two for Charles.
* In dispute over the [[Competitors for the Crown of Scotland|Scottish succession]], 1290–1292, the [[Bruce]] family pleaded [[tanistry]] and [[proximity of blood]], whereas [[John of Scotland|Balliol]] argued his claim based on primogeniture. The arbiter, [[Edward I of England]], decided in favor of primogeniture. But later, the [[Wars of Scottish Independence|Independence Wars]] reverted the situation in favor of the Bruce, due to political exigency.
* The [[Earl of Gloucester|Earldom of Gloucester]] (in the beginning of 14th century) went to full sisters of [[Gilbert de Clare, 8th Earl of Gloucester|the dead earl]], not to his half-sisters, though they were elder, having been born of the father's first marriage, while the earl himself was from second 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'' (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|Palmyra]], [[Shammuramat]] of the [[Neo-Assyrian Empire|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 - 

* [[Byzantine Empire]] - [[Irene of Athens]] was the Byzantine Empress regnant from 797 till 802 CE. Later, [[Zoe Porphyrogenita|Empress Zoe]] and [[Theodora Porphyrogenita|Empress Theodora]] were co-monarchs of the Byzantine empire from 1042 CE.
* [[History of Kashmir#Early history|Kingdom of Kashmir]] (India) - [[Didda|Queen Didda]] succeeded to the throne of Kashmir in 980 CE until her death in 1003 CE. She had previously ruled as regent from 958 to 980 for her son and grandsons.
* Combined Kingdoms of [[Kingdom of León|León]], [[Kingdom of Castile|Castile]] and [[Kingdom of Galicia|Galicia]] (Spain) - [[Urraca of León and Castile|Queen Urraca]] succeeded to the combined thrones of León, Castile and Galicia in 1109 after the death of her father [[Alfonso VI of León and Castile|Alfonso VI]]. 
* [[Kingdom of Jerusalem]] - [[Melisende, Queen of Jerusalem]] succeeded to the throne of Jerusalem in 1131 after the death of her father.
* [[Kingdom of Aragon]] (Spain) - [[Petronilla of Aragon]] succeeded to the throne of the Kingdom of Aragon in 1137 after the abdication of her father [[Ramiro II of Aragon]].
* [[Kingdom of Navarre]] - [[Joan I of Navarre]] succeeded to the throne of Navarre in 1274 CE.
* [[Kingdom of Scotland]] - [[Margaret, Maid of Norway]] inherited Scotland on the death of her grandfather King [[Alexander III of Scotland]] in 1286. Later, [[Mary, Queen of Scots]] succeeded to Scotland in 1542 after the death of her father [[James V of Scotland]].
* [[Kalmar Union]] (Denmark, Norway and Sweden) - [[Margaret I of Denmark]] succeeded to the combined thrones of Denmark, Norway and Sweden in 1387. [[Christina, Queen of Sweden]], later succeeded to the sole [[Sweden|Swedish]] throne in 1632 after the death of her father, King [[Gustavus Adolphus of Sweden|Gustav II Adolf]].
* [[Kingdom of England]] - [[Mary I of England]] succeeded to the Kingdom of England after her brother [[Edward VI]]'s death in 1553, who in turn was herself succeeded by her sister [[Elizabeth I]] in 1558.

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]].

====United States and Canada====
In [[British North America]], the colonies followed English primogeniture laws. Carole Shammas argues that issues of primogeniture, dower, curtesy, strict family settlements in equity, collateral kin, and unilateral division of real and personal property were fully developed in the colonial courts. The Americans differed little from English policies regarding the status of widow, widower, and lineal descendants.<ref>{{cite journal |last1=Shammas |first1=Carole |year=1987 |title=English inheritance law and its transfer to the colonies |journal=American Journal of Legal History |volume=31 |issue= 2|pages=145–163 |doi=10.2307/845880|jstor=845880 }}</ref> The primogeniture laws were repealed at the time of the [[American Revolution]]. Thomas Jefferson took the lead in repealing the law in Virginia, where nearly three-fourths of Tidewater land and perhaps a majority of western lands were entailed.<ref>{{cite journal |last1=Brewer |first1=Holly |year=1997 |title=Entailing Aristocracy in Colonial Virginia: 'Ancient Feudal Restraints' and Revolutionary Reform |journal=William and Mary Quarterly |volume=54 |issue=2 |pages=307–346 |jstor=2953276|doi=10.2307/2953276 }}</ref> Canada had the same law but repealed it in 1851.<ref>Gerald Hallowell, ed., ''The Oxford Companion to Canadian History'' (2004), p 502.</ref>

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.<ref>{{cite book | last = Roberts | first = Andrew | author-link = Andrew Roberts (historian) | title = Masters and Commanders: The Military Geniuses who Led the West to Victory in World War II | publisher = Penguin | date = 2009 | location = London | page = 53 | isbn = 978-0-141-02926-9 }}</ref>