Primogeniture
idea · 3 works · 8 mentions · 17 anchored passages
form of Primogeniture · the eldest son's privileges · the rule of Primogeniture
in the texts
Dissertations on Early Law and Custom
The rule or custom giving the eldest son special privileges in inheritance, discussed as decaying among the ancient Hindus.
But the privileges of inheritance corresponding to this spiritual primacy are very variously defined in the law-books, and, even when they approach somewhat to modern primogeniture, they are still very unlike it.
According to some systems of mediæval customary law, daughters succeeded, either in order of primogeniture or in a group, when sons had failed.
Yet Primogeniture—to which as a political institution I may observe that the human race has been deeply indebted—did not at first appear in anything like the shape in which we are familiar with it;
Lectures on the Early History of Institutions
The rule of inheritance by the eldest son, traced from its chiefly/knightly origin to differing fates in France and England.
The rule of primogeniture, which once applied only to knightly holdings, came to apply to the great bulk of English tenures, except the Gavelkind of Kent and some others of merely local importance.
The rule of primogeniture was of exceptional application, and was for the most part confined to lands held by knightly tenure;
The status of the Chief has thus left us one bequest in the rule of Primogeniture, which, however, has long lost its most ancient form;
Ancient Law
The rule of succession by the eldest son or line, whose historical origin and diffusion across Roman, Hindoo, German, and Celtic societies is the passage's central problem.
The examples of succession by Primogeniture which were found among the Benefices may, therefore, have been imitated from a system of family-government known to the invading races, though not in general use.
Although in India the possessions of a parent are divisible at his death, and may be divisible during his life, among all his male children in equal shares, and though this principle of the equal distribution of property extends to every part of the Hindoo institutions, yet wherever public office or political power devolves at the decease of the last Incumbent, the succession is nearly universally …
The mention of Primogeniture introduces one of the most difficult problems of historical jurisprudence.