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However, in Scotland, Salic law has never been practised, and all the hereditary titles are inherited through male-preference primogeniture, where in the extinction of a male line, the eldest sister automatically receives the titles, and rules in her own right, not in the right of her son.
In Scotland, by contrast, a strict form of male primogeniture prevailed (and still prevails) even among peasants. [ 134 ] [ 135 ] The Scottish clan of the feudal era, which survived in the Highlands until 1747, was the only known example of a conical clan in Europe, along with the Roman gens according to Fustel de Coulanges . [ 136 ]
However, in Scotland, Salic law or any of its variations have never been practised, and all the hereditary titles are inherited through male-preference primogeniture, where in the extinction of a male line, the eldest sister automatically receives the titles, and rules in her own right, not in the right of her son.
The Jacobite succession is the line through which Jacobites believed that the crowns of England, Scotland, and Ireland should have descended, applying male preference primogeniture, since the deposition of James II and VII in 1688 and his death in 1701.
Due to primogeniture, many colonists of high social status were younger children of English aristocratic families who came to America looking for land because, given their birth order, they could not inherit. Many of these immigrants initially enjoyed high standing where they settled.
The Succession to the Crown Act 2013, replaced male-preference primogeniture with absolute primogeniture and ended disqualification of a person who married a Roman Catholic from succession. In Scotland, the Declaration of Arbroath of 1320 asserted the rights of the nobles to choose a king if required, which implied elective monarchy. [8]
Less often, the practice was extended to the youngest daughter, sister, aunt, etc. [6] Its origin is much disputed, but the Normans, who generally practiced primogeniture, considered it to be a Saxon legacy. [5] A 1327 court case found it to be the practice of the English burgh at Nottingham but not of the town's "French" district. [7]
Tanistry is a Gaelic system for passing on titles and lands.In this system the Tanist (Irish: Tánaiste; Scottish Gaelic: Tànaiste; Manx: Tanishtey) is the office of heir-apparent, or second-in-command, among the (royal) Gaelic patrilineal dynasties of Ireland, Scotland and Mann, to succeed to the chieftainship or to the kingship.