The diffusion of Primogeniture is usually accounted for by assigning
what are called Feudal reasons for it. It is asserted that the feudal
superior had a better security for the military service he required
when the fief descended to a single person, instead of being
distributed among a number on the decease of the last holder. Without
denying that this consideration may partially explain the favour
gradually acquired by Primogeniture, I must point out that
Primogeniture became a custom of Europe much more through its
popularity with the tenants than through any advantage it conferred on
the lords. For its origin, moreover, the reason given does not account
at all. Nothing in law springs entirely from a sense of convenience.
There are always certain ideas existing antecedently on which the
sense of convenience works, and of which it can do no more than form
some new combination; and to find these ideas in the present case is
exactly the problem.
A valuable hint is furnished to us from a quarter fruitful of such
indications. 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 according to the rules of Primogeniture.
Sovereignties descend therefore to the eldest son, and where the
affairs of the Village Community, the corporate unit of Hindoo
society, are confided to a single manager, it is generally the eldest
son who takes up the administration at his parent's death. All
offices, indeed, in India, tend to become hereditary, and, when their
nature permits it, to vest in the eldest member of the oldest stock.
Comparing these Indian successions with some of the ruder social
organisations which have survived in Europe almost to our own day, the
conclusion suggests itself that, when Patriarchal power is not only
_domestic_ but _political_, it is not distributed among all the
issue at the parent's death, but is the birthright of the eldest
son. The chieftainship of a Highland clan, for example, followed
the order of Primogeniture. There seems, in truth, to be a form of
family-dependency still more archaic than any of those which we know
from the primitive records of organised civil societies. The Agnatic
Union of the kindred in ancient Roman law, and a multitude of similar
indications, point to a period at which all the ramifying branches of
the family tree held together in one organic whole; and it is no
presumptuous conjecture, that, when the corporation thus formed by the
kindred was in itself an independent society, it was governed by the
eldest male of the oldest line. It is true that we have no actual
knowledge of any such society. Even in the most elementary
Public-domain text, read in full here on John Shaqi.
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