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Introduction
Succession laws are used for determining who will be the next heir to the throne of a kingdom, principality, etc. There are three succesion laws that are the most widespread in the world: the salic law, the male primogeniture and the cognatic primogeniture (or absolute primogeniture or simply primogeniture). In this article, will introduce this three major systems.
Salic Law The Salic Law was created by the salian franks in the Middle Ages by the merovingian King Chilperic I of the Franks. This system is one of the causes of the Hundred Years War because avoided 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 the only legitime heir (if not considering Salic law, which wasn't in use at that time) 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, Salic Law was reapplied and made Edward III not able to become the king of France and Philip VI of Valois, a colateral 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.
Male Primogeniture Male 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. This is, maybe, the most complex succession law at all.
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
Cognatic or Absolute Primogeniture Cognatic or Absolute Primogeniture is the most simple, widespread and intuitive of the systems. This is the system used in Spain. 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.
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