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This is a somewhat disputed issue. According to the traditional Scottish method of selecting successors to a king, called tanistry, the new king was elected from the late king's close relatives. We see a reflection of this practise in this conversation in Act 2 Scene 4: "Then 'tis most like the sovereignty will fall on Macbeth" "He is already named, and gone to Scone to be invested." In such a system, Macbeth would have had a reasonable expectation of being king, because he was Duncan's first cousin, very closely related. Indeed he seems to be somewhat surprised when Duncan names Malcolm Prince of Cumberland (thus nominating him as the tanist or successor).

Some historians think that tanistry had already been overtaken by primogeniture in Scotland by the time of Macbeth. If that is the case, then there would have been no surprise to Malcolm being named as Prince of Cumberland. It would explain why Macbeth says to the witches "to be king stands not in the prospect of belief." if he was only third in line to the throne, after Malcolm and Donalbain.

It might be surmised that the only reason Macbeth even considers the idea of kingship is because the witches tell him it will happen. It also might be thought that at first Macbeth believes the king will announce that his sons aren't ready, and that Macbeth should take the throne instead. But under the system of primogeniture he would have no right to do so, and under the system of tanistry the heir is elected, not chosen by the king, so Duncan would have no power to do so under this system either.

It has been noted that the play seems to celebrate a triumph of English customs over Scottish ones--Malcolm, backed by English troops, abolishes the Scottish title "Thane" and replaces it with the English one "Earl". It might be seen also that Malcolm represents the English system of primogeniture whereby the son of the last king, no matter how unworthy (and nobody can dispute that Malcolm is useless as a warrior) automatically becomes king, whereas Macbeth represents that indigenous Scottish system, based in part on merit, which primogeniture replaced.

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Q: Does Macbeth have a legitimate right to the throne?
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Macbeth lost the Scottish throne when he was defeated in the battle of Dunsinane by the forces of Malcolm, the rightful heir to the throne. Macbeth was killed in the battle by Macduff, who was seeking revenge for the murder of his family by Macbeth. After Macbeth's death, Malcolm reclaimed the throne.


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