Hereditary peerage

“ That the English peerage does not answer to the true idea of a nobility will be seen with a very little thought. There is no handing on of privilege or pre-eminence to perpetual generations. The peer holds a great position, endowed with substantial powers and privileges, and those powers and privileges are handed on by hereditary succession. ”

“ Their office is also hereditary, and properly limited to the eldest son, whereas the chieftainship descends to the youngest son, or, failing sons, to the youngest surviving brother. The land also follows this law of inheritance, the younger sons in all cases inheriting, while the elder go forth and clear wild land for themselves. ”

“ In this regard there can be no difference between hereditary and elective monarchies; for the heir cannot inherit more than his ancestor enjoyed, or had a right to enjoy, any more than a successor can succeed to it. ”

“ Williams, 'are quite inapplicable to personal estate; the heir, as heir, has nothing to do with the personal property of his ancestor. Such property has nothing hereditary in its nature, but simply belongs to its owner for the time being. ”

“ Descent, or hereditary succession, is the title whereby a man on the death of his ancestor acquires his estate by right of representation, as his heir at law. An heir therefore is he upon whom the law casts the estate immediately on the death of the ancestor: and an estate, so descending to the heir, is in law called the inheritance. ”

“ All regal governments must be either hereditary or elective: and, as I believe there is no instance wherein the crown of England has ever been asserted to be elective, except by the regicides at the infamous and unparalleled trial of king Charles I, it must of consequence be hereditary. Yet while I assert an hereditary, I by no means intend a jure divino, title to the throne. ”

“ Thus Mary I inherited to Edward VI, and Elizabeth inherited to Mary; all born of the same father, king Henry VIII, but all by different mothers. The reason of which diversity, between royal and common descents, will be better understood hereafter, when we examine the nature of inheritances in general.
[a] in vit. Agricolae.
3. The doctrine of hereditary right does by no means imply an indefeasible right to the throne. No man will, I think, assert this, that has considered our laws, constitution, and history, without prejudice, and with any degree of attention. ”

“ We may, however, be sure that the principle of hereditary succession must henceforth be limited within certain bounds. The idea of perpetuity, whether of punishment or of reward, is foreign from our age, and will not, certainly, be more acceptable to future ages. ”

“ But the chance also is, that several of those marriages will produce daughters, and daughters only. In every generation of the peerage there are several such cases. When a peer whose title is limited to male heirs dies, leaving only daughters, his peerage must expire, unless he have, not only a collateral heir, but a collateral heir descended through an uninterrupted line of males from the first possessor of the honour. If the deceased peer was the first nobleman of his family, then, by the supposition, his peerage will become extinct. ”

“ The flocks and herds of the children are the flocks and herds of the father, and the possessions of the parent, which he holds in a representative rather than in a proprietary character, are equally divided at his death among his descendants in the first degree, the eldest son sometimes receiving a double share under the name of birthright, but more generally endowed with no hereditary advantage beyond an honorary precedence. ”

“ At the same time there can be no doubt that the headship of a family must rest with the heir male, and consequently it would seem that in those cases in which the supporters are borne by right of being head of a clan or chief of a name, the right of inheritance would devolve upon the heir male. ”

“ But "noble" families have no monopoly of misguided genealogy. "The immense majority of the pedigrees of the landed gentry," says a well-known officer of arms, "cannot, I fear, be characterised as otherwise than utterly worthless. The errors of the 'peerage' are as nothing to the fables which we encounter everywhere;" ”

“ If none such can be found, we descend another step, namely, to the grandmother by the father, and suppose the estate to have come from her line; and then heirs, first lineal, then collateral, succeed according to their several ranks. If none of these, so that there is no kindred on the side of the father, the presumption is, that this supposed antient feud came from the mother’s family, and therefore the heirs of her male ancestors are to be traced up, and discovered in the same manner; and whenever they fail, the heir of the most remote female ancestor, all through males ”

“ The crown being hereditary in one family, but elective in the person, and polygamy being permitted, must have multiplied these heirs very much, and produced constant disputes, so that it was found necessary to provide a remedy for the anarchy and effusion of royal blood, which was otherwise inevitably to follow. ”

“ The law of inheritance for people of distinction differs from that of the kings in the fact that the eldest son inherits by right of primogeniture, and succeeds to all his father’s property, wives and slaves. He generally allows his mother a separate establishment and maintenance and finds employment and maintenance for his father’s other wives in the family residence. ”

“ If his parents were natural born subjects, and capable to take as heirs of the deceased ancestor, it is clear that he could not inherit by descent through them, as they would intercept the title, as nearer heirs. The only cases in which he could inherit, living his parents, are those where the common law has prohibited the parents from taking, although they have inheritable blood. ”

“ But an hereditament, says sir Edward Coke [3] , is by much the largest and most comprehensive expression; for it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal, or incorporeal, real, personal, or mixed. Thus an heir loom, or implement of furniture which by custom descends to the heir together with an house, is neither land, nor tenement, but a mere moveable; yet, being inheritable, is comprized under the general word, hereditament: and so a condition, the benefit of which may descend to a man from his ancestor, is also an hereditament [4] . ”

“ The male member of the family inherits, but he does so only as the son of a female member of the family through whom he may justly claim kinship, or, to put it in another form, a man's natural heir is not his son, or his brother's son, or the descendant of a common male ancestor, but his sister's, or his sister's daughter's son, or the descendant of a common female ancestress. ”

“ Every woman who inherits a peerage must of necessity be an heir or coheir, and, as will have been seen, the laws of armory provide for this circumstance; but supposing that the peeress were a peeress by creation and were not an heiress, how would her arms be displayed? Apparently it would not be permissible to place them on an escutcheon of pretence, and consequently there is no way upon the husband's shield of showing that his wife is a peeress in her own right. ”

“ Again, by the laws and customs of inheritance, the estate of the father descends to the first-born. The younger sons must be adopted into another family, or, failing this, must make their own fortunes independently. ”

“ II., therefore, after reciting the act of William, declares, that it shall not be construed to give any right or title to any persons to inherit as heirs, &c. by enabling any such persons to claim, or derive their pedigree, through any alien ancestor, unless the persons so claiming 'were, or shall be, in being, and capable to take the same estate as heir or heirs, &c. by virtue of the said statute, at the death of the person who shall last die seised,' and to whom they shall claim to be heir or heirs. ”

“ Among the upper classes they possess no claim against the estate of their progenitors; entail ignores them, and they may not observe the family sacrifices. In the absence of legitimate issue, a son must be adopted for the purpose of [114] inheriting the properties of the family and of attending to the ancestral and funeral rites. ”

“ In Europe, where titles and property are inherited by male children, under the laws of entail and primogeniture, a legal significance attaches to the line of the surname, and to most Americans this line is of special interest. Nevertheless, it often happens that our ancestry along this line is less brilliant than along some of the other lines. In that case we will not do full justice to our surname until we reveal the glory of the sturdy stocks which our ancestors had the good sense to engraft upon our line by marriage. ”

“ He is the descendant of a younger son of that family, to whom the estate devolved about a century ago, although at that time there was search for the heirs of the elder son, who had disappeared after the bloody incident which I related to you. Now, singular as it may appear, at this late day, a person claiming to be the descendant and heir of that eldest son has appeared, and if I may credit my friend's account, is disposed not only to claim the estate, but the dormant title which Eldredge himself has been so long preparing to claim for himself. Singularly enough, too, the heir is an American. ”

“ Having laid down the rules of descent in the old feudal law, in regard to the sons of the last possessor, it will be proper next to mention how far it admitted representation, or collateral succession; for at first both were excluded. If a man had two sons, one of which died before him, leaving a son, the grandson could not succeed to his grandfather, but the uncle was sole heir. ”

“ You all have a birthright.
What that meant in the earliest times we do not fully know; but it meant at least to be the head or father of the family, a sort of domestic priesthood, [164] the chief of the tribe, or the head of a great nation. In our own times, in Great Britain the first-born son has by right of birth the headship of the family, inheriting the principal part of the property, and he is the representative of the estate. They call it there the law of primogeniture, or the law of the first-born. ”

“ As a matter of fact, sons were admitted to inheritance after their fathers, and sometimes succession was extended to other relatives, but the person taking inheritance paid a heavy fine for entering into possession, or gave up a horse, an ox, or some other especially valuable piece of property. ”

“ The law of primogeniture still exists as in England, but with the modification that the inheritor may dispose of one half of the inheritance; and as they are a money-getting and commercial people, the purse is getting the ascendency over title. ”

“ Ancestry in Royalty.—The pedigrees of royal families have proved to be of much importance in the study of human inheritance, not that royal traits are any more heritable than any other, but simply because the records have been carefully kept so that they are the most comprehensive and easily followed pedigrees available. The netlike weave of ancestry is particularly well exemplified in some of these families because of much close intermarriage. Their heritage typifies on an intensified scale the heritage of the mass of mankind. ”

“ Great-grandchildren may inherit as grandchildren, unless a decidedly contrary intention appear in the will; and in several cases it has been decided, that the term relations, or family, in a will, means next of kin. A pecuniary legacy to the heir of a testator is construed to imply the heir-at-law, and not the next of kin, unless the sense of the passage in the will was influenced by the context to mean something else. ”

“ Such are the cases of a descent from brother to brother, and from a nephew to an uncle, where the common law has disabled the parents of the deceased brother or nephew from taking the estate by descent, upon the ground that inheritances cannot lineally ascend. ”

“ It declares, that persons might lawfully inherit and be inheritable, as heirs, and make their titles and pedigrees, by descent, from any of their ancestors, although their parents were born out of the realm; plainly supposing that they might take as heirs by descent, but for the circumstance of the alienage of the intermediate ancestors, through whom they must claim. It speaks of such intermediate ancestors, as persons who were or should be born out of the realm, and it enables the party to take, as heir, as effectually as if such ancestors had been natural born subjects. ”

“ The law of inheritance is greatly in favor of sons, and daughters are frequently entirely excluded from participation in the heritage, or their share is reduced to one-half or one-third of the son's inheritance. ”

“ The principle of succession, which had often caused serious disputes, was defined in 1904, to the effect that the chief may nominate any male descendant through males from himself or from any male ancestor, but failing such nomination, then the rule of primogeniture applies. ”

“ If the child of two parents has any property inherited from relatives, and that child dies before it is of age to make a will, or without making a will, the only person who inherits the property of that child is the child's father; the mother does not exist as her child's heir at all ”

“ But an ungrateful son ought not to obtain an inheritance; and rather than such, we should adopt a stranger. Therefore, since thou hast been ungrateful to thy father in maintaining me contrary to his command, thou shalt never possess my inheritance." The son thus answered his uncle. "No one can be punished for executing what the law commands and compels. Now the law of nature obliges children to assist their parents in necessity, and especially to honour them: therefore, I cannot justly be deprived of the inheritance." ”

“ If a child die possessed of property and without descendants or a will the father is heir to all of it; if he is dead, the mother inherits only an equal share with each of the remaining children. If both parents and all brothers and sisters are dead, the grandfather is the sole heir ”