PRIMOGENITURE  • (See also:

• LAT

Lat . See also:

• PRIMUS, MARCUS ANTONIUS

Primus, first, and genitus, See also:

• BORN, IGNAZ, EDLER VON (1742–1791)

born, from gignere, to bring forth), a See also:

• TERM

term used to signify the preference in See also:

• INHERITANCE

inheritance which is given by See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom or usage, to the eldest son and his issue, or in exceptional cases to the See also:

• LINE

line of the eldest daughter . The practice is almost entirely confined to the See also:

• UNITED

United See also:

• KINGDOM

Kingdom, having been abolished by the various See also:

• CIVIL

civil codes of the See also:

• EUROPEAN

European states, and having been rejected in the United States as contrary to the spirit of the constitution . The See also:

• HISTORY

history of primogeniture is given in the See also:

• ARTICLE (from Lat. articulus, a joint)

article See also:

• SUCCESSION (Lat. successio, from succedere, to follow after)

SUCCESSION, while the existing See also:

• ENGLISH

English law will be found in the articles See also:

• HEIR (Lat. heres, from a root meaning to grasp, seen in heres or erus, master of a house, Gr. xeip, hand, Sans. hat ana, hand)

HEIR; INHERITANCE; WILL, &c . But it may be briefly said here that the English law provided that in See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary cases of inheritance to See also:

• LAND

land of intestates the See also:

• RULE

rule of primogeniture shall prevail among the male See also:

• CHILDREN, LAW RELATING TO

children of the See also:

• PERSON, OFFENCES AGAINST THE

person from whom descent is to be traced, but not among the See also:

• FEMALES

females; and this principle is applied throughout all the degrees of relationship . There are exceptions to this rule, as in the cases of " See also:

• GAVELKIND

gavelkind " and " See also:

• BOROUGH (A.S. nominative burh, dative byrig, which produces some of the place-names ending in bury, a sheltered or fortified place, the camp of refuge of a tribe, the stronghold of a chieftain; cf. Ger. Burg, Fr. bor, bore, bourg)
• BOROUGH [BURROUGH, BURROWE, BORROWS], STEVEN (1525–1584)

borough-English," and in the See also:

• COPYHOLD

copyhold lands of a See also:

• GREAT

great number of manors, where customs analogous to those of gavelkind and borough-English have existed from See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time immemorial . In another class of exceptions the rule of primogeniture is applied to the inheritance of females, who usually take equal shares in each degree . The See also:

• NECESSITY (Lat. necessitas)

necessity for a See also:

• SOLE (Solea)

sole succession has, for example, introduced succession by primogeniture among females in the See also:

• CASE
• CASE, JOHN (d. 1600)

case of the inheritance of the See also:

• CROWN

Crown, and a similar necessity led to the See also:

• MAXIM, SIR HIRAM STEVENS (184o- )

maxim of the feudal law that certain dignities and offices, castles acquired for the See also:

• DEFENCE
• DEFENCE (Lat. defendere, to defend)

defence of the See also:

• REALM

realm, and other inheritances under " the law of the See also:

• SWORD (0. Eng. sweord; ultimately from an Indo-European root meaning to wound)

sword," should not be divided, but should go to the eldest of the co-heiresses (See also:

• BRACTON, HENRY DE (d. 1268)

Bracton, De Legibus, ii. c . 76; Co . Litt., 165a) . There are also many other See also:

• SPECIAL

special customs by which the ordinary rule of primogeniture is varied . It may be remarked that the English law of inheritance of land creates a See also:

• DOUBLE
• DOUBLE (from the Mid. Eng. duble, the form which gives the present pronunciation, through the Old Er. duble, from Lat. duplus, twice as much)

double preference, subject to certain exceptions and customs, in favour of the male over the See also:

• FEMALE

female and of the first-born among the See also:

• MALES

males .

This necessitates the rule of See also:

• REPRESENTATION

representation by which the issue of children are regarded as See also:

• STANDING

standing in the places of their parents, called " representative primogeniture." The rule appears to have been firmly established in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England during the reign of See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry III., though its application was favoured as See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early as the 12th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century throughout the numerous contests between See also:

• BROTHERS, RICHARD (1757-1824)

brothers claiming by proximity of See also:

• BLOOD

blood and their nephews claiming by representation, as in the case of See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

King See also:

• JOHN
• JOHN (1167–1216)
• JOHN (1290-c. 1320)
• JOHN (1296-1346)
• JOHN (1371–1419)
• JOHN (1468-1532)
• JOHN (1801-1873)
• JOHN (Heb. llni')
• JOHN (ZAPOLYA) (1487-1540)
• JOHN, 4TH MARQUESS OF TWEEDDALE (c. 1695-1762)
• JOHN, DON (1545-1578)
• JOHN, DON (1629–1679)
• JOHN, GOSPEL OF ST
• JOHN, or HAYS (1513–1571)
• JOHN, THE APOSTLE
• JOHN, THE EPISTLES OF

John and his See also:

• NEPHEW

nephew See also:

• PRINCE
• PRINCE (Lat. princeps, from primus capio, " I am the first to take "; Ital. principe, Fr. prince)

Prince See also:

• ARTHUR (Fr. Arius)
• ARTHUR, CHESTER ALAN (1830 – 1886)

Arthur (See also:

• GLANVILL (or GLANVIL), JOSEPH (1636-168o)
• GLANVILL, RANULF DE (sometimes written GLANVIL, GLANVILLE) (d. 1190)

Glanvill, vii. c . 3; Bracton, De Legibus, ii. c . 30) . See See also:

• POLLOCK

Pollock and See also:

• MAITLAND (MAITLAND OF LETHINGTON), WILLIAM
• MAITLAND, EAST
• MAITLAND, EDWARD (1824-1897)
• MAITLAND, FREDERIC WILLIAM (1850-1906)
• MAITLAND, SIR RICHARD (LORD LETHINGTON) (1496-r586)

Maitland, History of English Law; K . E . See also:

• DIGBY, KENELM HENRY (1800-188o)
• DIGBY, SIR EVERARD (1578-1606)
• DIGBY, SIR KENELM (1603-1665)

Digby, History of the Law of Real See also:

• PROPERTY

Property; See also:

• SIR

Sir H . See also:

• MAINE
• MAINE, ANNE LOUISE BENEDICTE DE BOURBON
• MAINE, SIR HENRY JAMES SUMNER (1822–1888)

Maine, See also:

• ANCIENT
• ANCIENT (also spelt ANTIENT; derived, through the Fr. ancien, old, from the late Lat. antianum, from ante, before)

Ancient Law and Early History of Institutions; C . S . Kenny, Law of Primogeniture in England .