The Salic law ( or ; la, Lex salica), also called the was the ancient
Frankish
Frankish may refer to:
* Franks, a Germanic tribe and their culture
** Frankish language or its modern descendants, Franconian languages
* Francia, a post-Roman state in France and Germany
* East Francia, the successor state to Francia in Germany ...
civil law code compiled around AD 500 by the first
Frankish King
The Franks, Germanic-speaking peoples that invaded the Western Roman Empire in the 5th century, were first led by individuals called dukes and reguli. The earliest group of Franks that rose to prominence was the Salian Merovingians, who con ...
,
Clovis. The written text is in
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
and contains some of the earliest known instances of
Old Dutch
In linguistics, Old Dutch (Dutch: Oudnederlands) or Old Low Franconian (Dutch: Oudnederfrankisch) is the set of Franconian dialects (i.e. dialects that evolved from Frankish) spoken in the Low Countries during the Early Middle Ages, from aroun ...
. It remained the basis of Frankish law throughout the
early Medieval period, and influenced future
European legal systems. The best-known tenet of the old law is the principle of exclusion of women from inheritance of thrones, fiefs, and other property. The Salic laws were arbitrated by a committee appointed and empowered by the
King of the Franks. Dozens of manuscripts dating from the sixth to eighth centuries and three emendations as late as the ninth century have survived.
Salic law provided written codification of both civil law, such as the statutes governing
inheritance
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officia ...
, and
criminal law, such as the punishment for
murder. Although it was originally intended as the law of the Franks, it has had a formative influence on the tradition of
statute law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state leg ...
that extended to
modern history in much of Europe, especially in the
German
German(s) may refer to:
* Germany (of or related to)
** Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ge ...
states and
Austria-Hungary
Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
in
Central Europe
Central Europe is an area of Europe between Western Europe and Eastern Europe, based on a common historical, social and cultural identity. The Thirty Years' War (1618–1648) between Catholicism and Protestantism significantly shaped the a ...
, the
Low Countries
The term Low Countries, also known as the Low Lands ( nl, de Lage Landen, french: les Pays-Bas, lb, déi Niddereg Lännereien) and historically called the Netherlands ( nl, de Nederlanden), Flanders, or Belgica, is a coastal lowland region in N ...
in
Western Europe
Western Europe is the western region of Europe. The region's countries and territories vary depending on context.
The concept of "the West" appeared in Europe in juxtaposition to "the East" and originally applied to the ancient Mediterranean ...
,
Balkan kingdoms in
Southeastern Europe
Southeast Europe or Southeastern Europe (SEE) is a geographical subregion of Europe, consisting primarily of the Balkans. Sovereign states and territories that are included in the region are Albania, Bosnia and Herzegovina, Bulgaria, Croatia (a ...
, and parts of
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
and
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
in
Southern Europe
Southern Europe is the southern region of Europe. It is also known as Mediterranean Europe, as its geography is essentially marked by the Mediterranean Sea. Definitions of Southern Europe include some or all of these countries and regions: Alba ...
. Its use of
agnatic succession
Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritan ...
governed the succession of kings in kingdoms such as
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
and
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
.
History of the law
![Frankish_Foederatus](https://upload.wikimedia.org/wikipedia/commons/1/18/Frankish_Foederatus.png)
The original edition of the code was commissioned by the first king of all the Franks,
Clovis I (c. 466–511), and published sometime between 507 and 511. He appointed four commissioners to research customary law that, until the publication of the Salic law, had been recorded only in the minds of designated elders, who would meet in council when their knowledge was required. Transmission was entirely oral. Salic law, therefore, reflects ancient usages and practices. To govern more effectively, having a written code was desirable for monarchs and their administrations.
For the next 300 years, the code was copied by hand, and was amended as required to add newly enacted laws, revise laws that had been amended, and delete laws that had been repealed. In contrast with printing, hand copying is an individual act by an individual copyist with ideas and a style of his own. Each of the several dozen surviving manuscripts features a unique set of errors, corrections, content, and organization. The laws are called "titles", as each one has its own name, generally preceded by ''de'', "of", "concerning". Different sections of titles acquired individual names, which revealed something about their provenances. Some of these dozens of names have been adopted for specific reference, often given the same designation as the overall work, ''lex''.
Merovingian phase
The
recension Recension is the practice of editing or revising a text based on critical analysis. When referring to manuscripts, this may be a revision by another author. The term is derived from Latin ''recensio'' ("review, analysis").
In textual criticism (as ...
of
Hendrik Kern organizes all of the manuscripts into five families according to similarity and relative chronological sequence, judged by content and dateable material in the text. Family I is the oldest, containing four manuscripts dated to the eighth and ninth centuries, but containing 65 titles believed to be copies of originals published in the sixth century. In addition, they feature the ''Malbergse Glossen'', "
Malberg Glosses", marginal
glosses
A gloss is a brief notation, especially a marginal one or an interlinear one, of the meaning of a word or wording in a text. It may be in the language of the text or in the reader's language if that is different.
A collection of glosses is a ''g ...
stating the native court word for some Latin words. These are named from native ''malbergo'', "language of the court". Kern's Family II, represented by two manuscripts, is the same as Family I, except that it contains "interpolations or numerous additions, which point to a later period".
Carolingian phase
Family III is split into two divisions. The first, comprising three manuscripts, dated to the eighth–ninth centuries, presents an expanded text of 99 or 100 titles. The Malberg Glosses are retained. The second division, with four manuscripts, not only drops the glosses, but also "bears traces of attempts to make the language more concise".
[.] A statement gives the provenance: "in the 13th year of the reign of our most glorious king of the Franks, Pipin".
[ Some of the internal documents were composed after the reign of Pepin the Short, but it is considered to be an emendation initiated by Pepin, so is termed the ''Pipina Recensio''.
Family IV also has two divisions - the first comprised 33 manuscripts; the second, one manuscript. They are characterized by the internal assignment of Latin names to various sections of different provenances. Two of the sections are dated to 768 and 778, but the emendation is believed to be dated to 798, late in the reign of ]Charlemagne
Charlemagne ( , ) or Charles the Great ( la, Carolus Magnus; german: Karl der Große; 2 April 747 – 28 January 814), a member of the Carolingian dynasty, was King of the Franks from 768, King of the Lombards from 774, and the first ...
. This edition calls itself the ''Lex Salica Emendata'', or the ''Lex Reformata'', or the ''Lex Emendata'', and is clearly the result of a law code reform by Charlemagne.
By that time, Charlemagne's Holy Roman Empire
The Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars.
From the accession of Otto I in 962 ...
comprised most of Western Europe. He added laws of choice (free will) taken from the earlier law codes of Germanic peoples not originally part of Francia. These are numbered into the laws that were there, but they have their own, quasisectional title. All the Franks of Francia were subject to the same law code, which retained the overall title of ''Lex Salica''. These integrated sections borrowed from other Germanic codes are the '' Lex Ribuariorum'', later ''Lex Ribuaria'', laws adopted from the Ripuarian Franks
Ripuarian or Rhineland Franks (Latin: ''Ripuarii'' or ''Ribuarii'') were one of the two main groupings of early Frankish people, and specifically it was the name eventually applied to the tribes who settled in the old Roman territory of the Ubii, ...
, who, before Clovis, had been independent. The ''Lex Alamannorum The Lex Alamannorum and Pactus Alamannorum were two early medieval law codes of the Alamanni. They were first edited in parts in 1530 by Johannes Sichard in Basel.
Pactus Alamannorum
The ''Pactus Alamannorum'' or ''Pactus legis Alamannorum'' is the ...
'' took laws from the Alamanni, then subject to the Franks. Under the Franks, they were governed by Frankish law, not their own. The inclusion of some of their law as part of the Salic law must have served as a palliative. Charlemagne goes back even earlier to the ''Lex Suauorum'', the ancient code of the Suebi preceding the Alemanni.
Old Dutch glosses
Glosses to the Salic law code (the ''Malbergse glossen'') contain several Old Dutch words and what is likely the earliest surviving full sentence in the language:
* Old Dutch and Early Modern and earlier versions of English used the second-person singular pronouns, such as ''thou'' and ''thee''.
** A ''lito'' was a form of serf in the feudal system
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structu ...
, a half-free farmer, connected to the lord's land, but not owned by that lord. In contrast, a slave was fully owned by the lord.
Some tenets of the law
These laws and their interpretations give an insight into Frankish society. The criminal laws established damages to be paid and fines levied in recompense for injuries to persons and damage to goods, theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for som ...
, and unprovoked insults. One-third of the fine paid court costs. Judicial interpretation was by a jury of peers.
The civil law establishes that an individual person is legally unprotected if he or she does not belong to a family
Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...
. The rights of family members were defined; for example, the equal division of land among all living male heirs, in contrast to primogeniture.
Agnatic succession
One tenet of the civil law is agnatic succession
Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritan ...
, explicitly excluding females from the inheritance of a throne or fief
A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form ...
. Indeed, "Salic law" has often been used simply as a synonym for agnatic succession, but the importance of Salic law extends beyond the rules of inheritance, as it is a direct ancestor of the systems of law in use in many parts of continental Europe today.
Salic law regulates succession according to sex. "Agnatic succession" means succession to the throne or fief going to an agnate of the predecessor - for example, a brother, a son, or nearest male relative through the male line, including collateral agnate branches, for example very distant cousins. Chief forms are agnatic seniority
Agnatic seniority is a patrilineal principle of inheritance where the order of succession to the throne prefers the monarch's younger brother over the monarch's own sons. A monarch's children (the next generation) succeed only after the males ...
and agnatic primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...
. The latter, which has been the most usual, means succession going to the eldest son of the monarch; if the monarch had no sons, the throne would pass to the nearest male relative in the male line.
Female inheritance
Concerning the inheritance of land, Salic law said:
or, another transcript:
The law merely prohibited women from inheriting ancestral "Salic land"; this prohibition did not apply to other property (such as personal property); and under Chilperic I sometime around the year 570, the law was actually amended to permit inheritance of land by a daughter if a man had no surviving sons. (This amendment, depending on how it is applied and interpreted, offers the basis for either Semi-Salic succession or male-preferred primogeniture, or both.)
The wording of the law, as well as common usage in those days and centuries afterwards, seems to support an interpretation that inheritance is divided between brothers, and if it is intended to govern succession, it can be interpreted to mandate agnatic seniority, not direct primogeniture.
In its use by continental hereditary monarchies since the 15th century, aiming at agnatic succession, the Salic law is regarded as excluding all females from the succession, and prohibiting the transfer of succession rights through any woman. At least two systems of hereditary succession are direct and full applications of the Salic Law: agnatic seniority
Agnatic seniority is a patrilineal principle of inheritance where the order of succession to the throne prefers the monarch's younger brother over the monarch's own sons. A monarch's children (the next generation) succeed only after the males ...
and agnatic primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...
.
The so-called Semi-Salic version of succession order stipulates that firstly all-male descendance is applied, including all collateral male lines, but if all such lines are extinct, then the closest female agnate (such as a daughter) of the last male holder of the property inherits, and after her, her own male heirs according to the Salic order. In other words, the female closest to the last incumbent is "regarded as a male" for the purposes of inheritance and succession. This has the effect of following the closest extant blood line (at least in the first instance) and not involving any more distant relatives. The closest female relative might be a child of a relatively junior branch of the whole dynasty, but still inherits due to her position in the male line, due to the longevity of her own branch; any existing senior female lines come behind that of the closest female.
From the Middle Ages, another system of succession, known as cognatic male primogeniture, actually fulfills apparent stipulations of the original Salic law; succession is allowed also through female lines, but excludes the females themselves in favour of their sons. For example, a grandfather, without sons, is succeeded by a son of his daughter, when the daughter in question is still alive. Or an uncle, with no children of his own, is succeeded by a son of his sister, when the sister in question is still alive. This fulfils the Salic condition of "no land comes to a woman, but the land comes to the male sex". This can be called a "quasi-Salic" system of succession and it should be classified as primogenitural, cognatic, and male.
Applications of the succession and inheritance laws
In France
The Merovingian kings divided their realm equally among all living sons, leading to much conflict and fratricide among the rival heirs. The Carolingians did likewise, but they also possessed the imperial dignity, which was indivisible and passed to only one person at a time. Primogeniture, or the preference for the eldest line in the transmission of inheritance, eventually emerged in France, under the Capetian kings. The early Capetians had only one heir, the eldest son, whom they crowned during their lifetimes. Instead of an equal portion of the inheritance, the younger sons of the Capetian kings received an appanage
An appanage, or apanage (; french: apanage ), is the grant of an estate, title, office or other thing of value to a younger child of a sovereign, who would otherwise have no inheritance under the system of primogeniture. It was common in much o ...
, which is a feudal territory under the suzerainty of the king. Feudal law allowed the transmission of fiefs to daughters in default of sons, which was also the case for the early appanages. Whether feudal law also applied to the French throne, no one knew, until 1316.
The succession in 1316
For a remarkably long period, from the inception of the Capetian dynasty in 987 until the death of Louis X in 1316, the eldest living son of the King of France succeeded to the throne upon his demise. No prior occasion existed to demonstrate whether or not females were excluded from the succession to the crown. Louis X died without a son, but left his wife pregnant. The king's brother, Philip, Count of Poitiers, became regent. Philip prepared for the contingencies with Odo IV, Duke of Burgundy
Odo IV or Eudes IV (1295 – 3 April 1349) was Duke of Burgundy from 1315 until his death and Count of Burgundy and Artois between 1330 and 1347, as well as titular King of Thessalonica from 1316 to 1320. He was the second son of Duke Robe ...
, maternal uncle of Louis X's daughter and prospective heiress, Joan Joan may refer to:
People and fictional characters
* Joan (given name), including a list of women, men and fictional characters
*:Joan of Arc, a French military heroine
* Joan (surname)
Weather events
*Tropical Storm Joan (disambiguation), multip ...
. If the unborn child were male, he would succeed to the French throne as king; if female, Philip would maintain the regency until the daughters of Louis X reach their majority. The opportunity remained for either daughter to succeed to the French throne.
The unborn child proved to be male, John I, to the relief of the kingdom, but the infant lived for only a few days. Philip saw his chance and broke the agreement with the Duke of Burgundy by having himself anointed at Reims in January 1317 as Philip V of France
Philip V (c. 1293 – 3 January 1322), known as the Tall (french: Philippe le Long), was King of France and Navarre (as Philip II) from 1316 to 1322.
Philip was the second son of King Philip IV of France and Queen Joan I of Navarre. He was gr ...
. Agnes of France, daughter of Saint Louis, mother of the Duke of Burgundy, and maternal grandmother of the Princess Joan, considered it a usurpation and demanded an assembly of the peers, which Philip V accepted.
An assembly of prelates, lords, the bourgeois of Paris, and doctors of the university, known as the Estates-General of 1317, gathered in February. Philip V asked them to write an argument justifying his right to the throne of France. These "general statements" agreed in declaring that "Women do not succeed in the kingdom of France", formalizing Philip's usurpation and the impossibility for a woman to ascend the throne of France, a principle in force until the end of the monarchy. The Salic law, at the time, was not yet invoked; the arguments put forward in favor of Philip V relied only on the degree of proximity of Philip V with St. Louis. Philip had the support of the nobility and had the resources for his ambitions.
Philip won over the Duke of Burgundy by giving him his daughter, also named Joan Joan may refer to:
People and fictional characters
* Joan (given name), including a list of women, men and fictional characters
*:Joan of Arc, a French military heroine
* Joan (surname)
Weather events
*Tropical Storm Joan (disambiguation), multip ...
, in marriage, with the counties of Artois and Burgundy as her eventual inheritance. On March 27, 1317, a treaty was signed at Laon between the Duke of Burgundy and Philip V, wherein Joan renounced her right to the throne of France.
The succession in 1328
Philip, too, died without a son, and his brother Charles succeeded him as Charles IV unopposed. Charles, too, died without a son, but also left his wife pregnant. It was another succession crisis, the same as that in 1316; it was necessary both to prepare for a possible regency (and choose a regent) and prepare for a possible succession to the throne. At this point, it had been accepted that women could not claim the crown of France (without any written rule stipulating it yet).
Under the application of the agnatic principle, the following were excluded:
*The daughters of Louis X, Philip V and Charles IV, including the possible unborn daughter of the pregnant Queen Jeanne d'Évreux
*Isabella of France
Isabella of France ( – 22 August 1358), sometimes described as the She-Wolf of France (), was Queen of England as the wife of King Edward II, and regent of England from 1327 until 1330. She was the youngest surviving child and only surviving ...
, sister of Louis X, Philip V, and Charles IV, wife of King Edward II of England
Edward II (25 April 1284 – 21 September 1327), also called Edward of Caernarfon, was King of England and Lord of Ireland from 1307 until he was deposed in January 1327. The fourth son of Edward I, Edward became the heir apparent to t ...
The widow of Charles IV gave birth to a daughter. Isabella of France
Isabella of France ( – 22 August 1358), sometimes described as the She-Wolf of France (), was Queen of England as the wife of King Edward II, and regent of England from 1327 until 1330. She was the youngest surviving child and only surviving ...
, sister of Charles IV, claimed the throne for her son, Edward III of England
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring ...
. The French rejected the claim, noting that "Women cannot transmit a right which they do not possess", a corollary to the succession principle in 1316. The regent, Philip of Valois, became Philip VI of France in 1328. Philip became king without serious opposition, until his attempt to confiscate Gascony in 1337 made Edward III press his claim to the French throne.
Emergence of the Salic law
As far as can be ascertained, Salic law was not explicitly mentioned either in 1316 or 1328. It had been forgotten in the feudal era, and the assertion that the French crown can only be transmitted to and through males made it unique and exalted in the eyes of the French. Jurists later resurrected the long-defunct Salic law and reinterpreted it to justify the line of succession arrived at in the cases of 1316 and 1328 by forbidding not only inheritance by a woman, but also inheritance through a female line (''In terram Salicam mulieres ne succedant'').
In its origin, therefore, the agnatic principle was limited to the succession to the crown of France. Prior to the Valois succession, Capetian kings granted appanages to their younger sons and brothers, which could pass to male and female heirs. The appanages given to the Valois princes, though, in imitation of the succession law of the monarchy that gave them, limited their transmission to males. Another Capetian lineage, the Montfort of Brittany
The House of Montfort was a Breton-French noble family, which reigned in the Duchy of Brittany from 1365 to 1514. It was a cadet branch of the House of Dreux; it was thus ultimately part of the Capetian dynasty. It should not be confused with th ...
, claimed male succession in the Duchy of Brittany. In this they were supported by the King of England, while their rivals who claimed the traditional female succession in Brittany were supported by the King of France. The Montforts eventually won the duchy by warfare, but had to recognize the suzerainty of the King of France.
This law was by no means intended to cover all matters of inheritance — for example, not the inheritance of movables — only to lands considered "Salic" — and debate remains as to the legal definition of this word, although it is generally accepted to refer to lands in the royal fisc. Only several hundred years later, under the direct Capetian kings of France and their English contemporaries who held lands in France, did Salic law become a rationale for enforcing or debating succession.
Shakespeare claims that Charles VI rejected Henry V Henry V may refer to:
People
* Henry V, Duke of Bavaria (died 1026)
* Henry V, Holy Roman Emperor (1081/86–1125)
* Henry V, Duke of Carinthia (died 1161)
* Henry V, Count Palatine of the Rhine (c. 1173–1227)
* Henry V, Count of Luxembourg (1 ...
's claim to the French throne on the basis of Salic law's inheritance rules, leading to the Battle of Agincourt. In fact, the conflict between Salic law and English law was a justification for many overlapping claims between the French and English monarchs over the French throne.
More than a century later, Philip II of Spain attempted to claim the French crown for his daughter Isabella Clara Eugenia, born of his third wife, Elisabeth of Valois
Elisabeth of France or Elisabeth of Valois ( es, Isabel de Valois; french: Élisabeth de France) (2 April 1545 – 3 October 1568) was Queen of Spain as the third spouse of Philip II of Spain. She was the eldest daughter of Henry II of France ...
. Philip's agents were instructed to "insinuate cleverly" that the Salic law was a "pure invention". Even if the "Salic law" did not really apply to the throne of France, though, the very principle of agnatic succession had become a cornerstone of the French royal succession; they had upheld it in the Hundred Years' War with the English, and it had produced their kings for more than two centuries. The eventual recognition of Henry IV, the first of the Bourbon kings, further solidified the agnatic principle in France.
Although no reference was made to the Salic law, the imperial constitutions of the Bonapartist
Bonapartism (french: Bonapartisme) is the political ideology supervening from Napoleon Bonaparte and his followers and successors. The term was used to refer to people who hoped to restore the House of Bonaparte and its style of government. In thi ...
First French Empire
The First French Empire, officially the French Republic, then the French Empire (; Latin: ) after 1809, also known as Napoleonic France, was the empire ruled by Napoleon Bonaparte, who established French hegemony over much of continental E ...
and Second French Empire
The Second French Empire (; officially the French Empire, ), was the 18-year Imperial Bonapartist regime of Napoleon III from 14 January 1852 to 27 October 1870, between the Second and the Third Republic of France.
Historians in the 1930 ...
continued to exclude women from the succession to the throne. In the lands that Napoleon Bonaparte
Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader wh ...
conquered, Salic law was adopted, including the Kingdom of Westphalia
The Kingdom of Westphalia was a kingdom in Germany, with a population of 2.6 million, that existed from 1807 to 1813. It included territory in Hesse and other parts of present-day Germany. While formally independent, it was a vassal state of the ...
, the Kingdom of Holland
The Kingdom of Holland ( nl, Holland (contemporary), (modern); french: Royaume de Hollande) was created by Napoleon Bonaparte, overthrowing the Batavian Republic in March 1806 in order to better control the Netherlands. Since becoming Empero ...
, and under Napoleonic influence, the House of Bernadotte
The House of Bernadotte is the royal family of Sweden since its foundation there in 1818. It was also the royal family of Norway between 1818 and 1905. Its founder, Charles XIV John of Sweden, was born in Pau in southern France as Jean Bernadott ...
's Sweden.
Other European applications
Several military conflicts in European history have stemmed from the application of, or disregard for, Salic law. The Carlist Wars occurred in Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
over the question of whether the heir to the throne should be a female or a male relative. The War of the Austrian Succession
The War of the Austrian Succession () was a European conflict that took place between 1740 and 1748. Fought primarily in Central Europe, the Austrian Netherlands, Italy, the Atlantic and Mediterranean, related conflicts included King George's ...
was triggered by the Pragmatic Sanction of 1713
The Pragmatic Sanction ( la, Sanctio Pragmatica, german: Pragmatische Sanktion) was an edict issued by Charles VI, Holy Roman Emperor, on 19 April 1713 to ensure that the Habsburg hereditary possessions, which included the Archduchy of Austria ...
, in which Charles VI of Austria, who himself had inherited the Austrian patrimony over his nieces as a result of Salic law, attempted to ensure the inheritance directly to his own daughter Maria Theresa of Austria
Maria Theresa Walburga Amalia Christina (german: Maria Theresia; 13 May 1717 – 29 November 1780) was ruler of the Habsburg dominions from 1740 until her death in 1780, and the only woman to hold the position '' suo jure'' (in her own right) ...
, which was an example of an operation of quasi-Salic law.
In the modern Kingdom of Italy
The Kingdom of Italy ( it, Regno d'Italia) was a state that existed from 1861, when Victor Emmanuel II of Sardinia was proclaimed King of Italy, until 1946, when civil discontent led to an institutional referendum to abandon the monarchy and f ...
, under the House of Savoy, succession to the throne was regulated by Salic law.
The British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British English, ...
and the Hanoverian thrones separated after the death of King William IV of the United Kingdom
William IV (William Henry; 21 August 1765 – 20 June 1837) was King of the United Kingdom of Great Britain and Ireland and King of Hanover from 26 June 1830 until his death in 1837. The third son of George III, William succeeded h ...
and of Hanover in 1837 because Hanover practiced quasi-Salic law, unlike Britain. King William's niece, Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
, ascended to the British throne, but the Hanover throne went to William's brother Ernest, Duke of Cumberland.
Salic law was also an important issue in the Schleswig-Holstein Question
Schleswig-Holstein (; da, Slesvig-Holsten; nds, Sleswig-Holsteen; frr, Slaswik-Holstiinj) is the northernmost of the 16 states of Germany, comprising most of the historical duchy of Holstein and the southern part of the former Duchy of Schl ...
and played a day-to-day role in the inheritance and marriage decisions of common princedoms of the German states, such as Saxe-Weimar, to cite a representative example. European nobility would have confronted Salic issues at every turn in the practice of diplomacy, particularly when they negotiated marriages, since the entire male line had to be extinguished for a land title to pass (by marriage) "to a female's husband". Women rulers were anathema in the German states well into the modern era.
In a similar way, the thrones of the Kingdom of the Netherlands
, national_anthem = )
, image_map = Kingdom of the Netherlands (orthographic projection).svg
, map_width = 250px
, image_map2 = File:KonDerNed-10-10-10.png
, map_caption2 = Map of the four constituent countries shown to scale
, capital = ...
and the Grand Duchy of Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
were separated in 1890, with the succession of Princess Wilhelmina as the first Queen regnant
A queen regnant (plural: queens regnant) is a female monarch, equivalent in rank and title to a king, who reigns '' suo jure'' (in her own right) over a realm known as a "kingdom"; as opposed to a queen consort, who is the wife of a reigni ...
of the Netherlands. As a remnant of Salic law, the office of the reigning monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority and power i ...
of the Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
is always formally known as "King", though her title may be "Queen". Luxembourg passed to the House of Orange-Nassau's distantly related agnates, the House of Nassau-Weilburg
The House of Nassau-Weilburg, a branch of the House of Nassau, ruled a division of the County of Nassau, which was a state in what is now Germany, then part of the Holy Roman Empire, from 1344 to 1806.
On 17 July 1806, upon the dissolution of ...
, but that house also faced extinction in the male line less than two decades later. With no other male-line agnates in the remaining branches of the House of Nassau, Grand Duke William IV adopted a quasi-Salic law of succession to allow him to be succeeded by his daughters.
Literary references
*Shakespeare
William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's natio ...
uses the Salic law as a plot device in ''Henry V Henry V may refer to:
People
* Henry V, Duke of Bavaria (died 1026)
* Henry V, Holy Roman Emperor (1081/86–1125)
* Henry V, Duke of Carinthia (died 1161)
* Henry V, Count Palatine of the Rhine (c. 1173–1227)
* Henry V, Count of Luxembourg (1 ...
'', saying it was upheld by the French to bar Henry V's claiming the French throne. ''Henry V'' begins with the Archbishop of Canterbury being asked if the claim might be upheld despite the Salic law. The archbishop replies, "That the ''land Salique'' is in Germany, between the floods of Sala and of Elbe
The Elbe (; cs, Labe ; nds, Ilv or ''Elv''; Upper and dsb, Łobjo) is one of the major rivers of Central Europe. It rises in the Giant Mountains of the northern Czech Republic before traversing much of Bohemia (western half of the Czech Re ...
", implying that the law is German, not French. The archbishop's justification for Henry's claim, which Shakespeare intentionally renders obtuse and verbose (for comedic, as well as politically expedient reasons) is also erroneous, as the Salian Franks settled along the lower Rhine
), Surselva, Graubünden, Switzerland
, source1_coordinates=
, source1_elevation =
, source2 = Rein Posteriur/Hinterrhein
, source2_location = Paradies Glacier, Graubünden, Switzerland
, source2_coordinates=
, so ...
and Scheldt
The Scheldt (french: Escaut ; nl, Schelde ) is a river that flows through northern France, western Belgium, and the southwestern part of the Netherlands, with its mouth at the North Sea. Its name is derived from an adjective corresponding to ...
, which today is for the most part in the Flemish Region
The Flemish Region ( nl, Vlaams Gewest, ),; german: Flämische Region usually simply referred to as Flanders ( nl, link=no, Vlaanderen ) ; german: link=no, Flandern is one of the three regions of Belgium—alongside the Walloon Region and t ...
.
*In the novel ''Royal Flash
''Royal Flash'' is a 1970 novel by George MacDonald Fraser. It is the second of the Flashman novels. It was made into the film '' Royal Flash'' in 1975 and remains the only Flashman novel to be filmed.
Plot summary
''Royal Flash'' is set durin ...
'', by George MacDonald Fraser
George MacDonald Fraser (2 April 1925 – 2 January 2008) was a British author and screenwriter. He is best known for a series of works that featured the character Flashman.
Biography
Fraser was born to Scottish parents in Carlisle, England, ...
, the hero, Harry Flashman, on his marriage, is presented with the royal consort's portion of the crown jewels, and "The Duchess did rather better"; the character, feeling hard done-by, thinks, "It struck me then, and it strikes me now, that the Salic law was a damned sound idea".[G. M. Fraser (2006) ''Royal Flash'', p. 172, Grafton paperback.]
*In his novel ''Waverley Waverley may refer to:
Arts and entertainment
* ''Waverley'' (novel), by Sir Walter Scott
** ''Waverley'' Overture, a work by Hector Berlioz inspired by Scott's novel
* Waverley Harrison, a character in the New Zealand soap opera ''Shortland Stree ...
'', Sir Walter Scott
Sir Walter Scott, 1st Baronet (15 August 1771 – 21 September 1832), was a Scottish novelist, poet, playwright and historian. Many of his works remain classics of European and Scottish literature, notably the novels '' Ivanhoe'', '' Rob Roy' ...
quotes "Salique Law" when discussing the protagonist's prior requests for a horse and guide to take him to Edinburgh.
See also
* Agnatic descent
* Early Germanic law
Germanic law is a scholarly term used to described a series of commonalities between the various law codes (the ''Leges Barbarorum'', 'laws of the barbarians', also called Leges) of the early Germanic peoples. These were compared with statements ...
* Paris, BN, lat. 4404
References
Citations
General and cited references
*
*
*
*
*
*
*
*
External links
Information on the ''Salic law'' and its manuscript tradition on the ' website
A database on Carolingian secular law texts (Karl Ubl, Cologne University, Germany).
{{Authority control
Latin prose texts
Law of France
Old Dutch
Earliest known manuscripts by language
6th-century Latin books
6th century in Francia
6th century in law
6th-century Frankish writers
6th-century jurists
Succession acts
Germanic legal codes