Salic law
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The Salic law (Lat. lex Salica) was an important body of traditional law codified for governing the Salian Franks in the early Middle Ages during the reign of King Clovis I in the 6th century.
Its historical consequence is in the tradition of statute law that has extend since then to modern times in Central Europe, especially in the German states, France, The Netherlands, parts of Italy and Austria, parts of Eastern Europe, i.e. (Romania, Hungary, and the Balkans.
The influence lay in that Charlemagne’s law was based upon Salic Law, an influence as great as that of Greece and Rome. The Salic influence extended beyond the 12th century, when the Frankish kings and law changed in the War of Austrian Succession (1740-1748) rooted in the problems of female inheritance of property and hereditary position. The Salic Law codified inheritance, crime, and murder. In a kingdom with many ethnic groups, each expected to be governed under its own law.
The detailed laws established damages to be paid and fines levied in recompense of injuries to persons and damage to goods, e.g. slaves, theft, and unproved insults. One third of the fine paid court costs. Judicial interpretation was by a jury of peers. These laws and their interpretations grant insight to Frankish society; Salic Law establishes that an individual person is legally unprotected by right (law) if he or she does not belong to a family.
[edit] Agnatic succession
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 (collateral agnate branches, for example cousins, very distant cousins included). Chief forms are agnatic seniority and agnatic primogeniture. 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.
These genealogical ways to organize succession fulfil the prerequisites of the Salic law.
[edit] Female inheritance
- See also: Terra salica
One provision of the Salic law continued to play a role in European politics during the Middle Ages and beyond. Concerning the inheritance of land, the Salic Law provided
- But of Salic land no portion of the inheritance shall come to a woman: but the whole inheritance of the land shall come to the male sex.
or, another transcript:
- concerning terra Salica no portion or inheritance is for a woman but all the land belongs to members of the male sex who are brothers.
As actually interpreted by the Salian Franks, the law simply prohibited women from inheriting, not all property (such as movables), but ancestral "Salic land"; 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 Salic law, as well as usual usages in those days and centuries afterwards, seems to support an interpretation that the Salic law would mean partition of the inheritance between brothers. And, if it is intended to govern succession, it can be interpreted to mandate agnatic seniority, not a direct primogeniture.
In its use by hereditary monarchies since the 15th century, aiming at agnatic succession, the Salic law is regarded as excluding all females from the succession as well as prohibiting succession rights to transfer through any woman. At least two systems of hereditary succession are direct and full applications of the Salic Law: agnatic seniority and agnatic primogeniture.
The so-called Semi-Salic version of succession order stipulates that firstly all male descendance is seen through, including all collateral male lines; but if all agnates become extinct, then the female who is the closest heir (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/succession. This is a pragmatic way of putting order: the female is the closest, thus continuing the most recent incumbent's blood, and not involving any more distant relative than necessary. At that order, the original primogeniture is not followed with regard to the requisite female. She could be a child of a relatively junior branch of the whole dynasty, but still inherits thanks to the longevity of her own branch.
From the Middle Ages, we have one practical system of succession in cognatic male primogeniture, which actually fulfills apparent stipulations of original Salic law: succession is allowed also through female lines, but excludes the females themselves in favor of their sons. For example, a grandfather, without sons, is succeeded by his grandson, a son of his daughter, when the daughter in question is yet alive. Or an uncle, without his own children, is succeeded by his nephew, a son of his sister, when the sister in question is yet alive.
Strictly seen, this fulfills 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.
[edit] Application of the Salic law in France
However, in 1316, in events which would later lead to the Hundred Years' War (1337-1453), upon the first situation in the history of the Capetian kings where the closest relative of the dead king was not a son, French lords (notably led by the late king's uncle, Philip of Poitiers, the beneficiary of their position) wanted to forbid inheritance by a woman. In this case, in order to favour the previous king's (John I the Posthumous's) uncle Philip's claim over John's half-sister Joan, these lords wanted to totally disqualify the claim of the future Joan II of Navarre as well as disqualifying any possible future claims of Edward III of England to the French throne.
In 1328, a further limitation was needed, to bar inheritance by a male through a female line. These applications of succession were at that time based on a number of reasons and excuses, such as "genealogical proximity with the king Saint Louis"; the role of monarch as warleader; and barring the realm going to an alien man and his clan through a woman, which also denied an order of succession where an alien man could become king of France by marriage to its queen, without necessarily having any French blood himself. Some additional factors were, in 1316, that the rival heir was a five-year-old female and powerless compared with the rival. And in 1328, the rival was a king of a neighboring kingdom against which the French had had battles and quarrels for a couple of centuries already. As far as can be ascertained, Salic law was not explicitly mentioned at that time.
Later in time, jurists 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.
Notwithstanding the Salic law, when Francis II of Brittany died in 1488 without male issue, his daughter Anne succeeded him and ruled as duchess of Brittany until her death in 1514. (Brittany had been inherited by women earlier - Francis's own dynasty obtained the Duchy through their ancestress Duchess Constance of Brittany in the 12th century.) Francis's own family, the Montfort branch of the ducal house, had obtained Brittany in the 1350s on the basis of agnatic succession, and at that time, their succession was limited to the male line only.
This law was by no means intended to cover all matters of inheritance — for example, not the inheritance of movables - only those lands considered "Salic" — and there is still debate 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. By then somewhat anachronistic (there were no Salic lands, since the Salian monarchy and its lands had originally been situated in Dutch areas, now belonging to another country), the idea was resurrected by Philip V in 1316 to support his claim to the throne by removing his niece Jeanne from the succession, following the death of his nephew John.
In 1328, at latest, the Salic Law needed a further interpretation to forbid not only inheritance by a woman, but inheritance through a female line, in order to bar the male Edward III of England, descendant of French kings through his mother Isabel of France, from the succession. When the Direct Capetian line ended, the law was contested by England, providing a putative motive for the Hundred Years' War.
Shakespeare claims that Charles VI rejected Henry V'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.
[edit] Other examples of the application of Salic inheritance laws
The Salic law was responsible for some interesting chapters of history. The Carlist Wars occurred in Spain over the question of whether the heir to the throne should be a female or a male relative. The War of the Austrian Succession was triggered by the Pragmatic Sanction 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, this being an example of an operation of the so-called Semi-Salic law.
The British and Hanoverian thrones separated after the death of King William IV of the United Kingdom and of Hanover. Hanover practiced the Salic law, while Britain did not. King William's niece Victoria ascended to the throne of Great Britain and Ireland, but the throne of Hanover went to William's brother Ernest, Duke of Cumberland; Salic law was also an important issue in the Schleswig-Holstein question, and played a weary prosaic 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. It is not much of an overstatement to say that European nobility confronted salic issues at every turn and nuance of diplomacy, and certainly, especially, when negotiating marriages, for 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 the Channel Islands, the only part of the former duchy of Normandy still held by the British Crown, Queen Elizabeth II is traditionally ascribed the title of Duke of Normandy (never Duchess). The influence of Salic law is presumed to explain why she is toasted as "The Queen our Duke."
[edit] Old Frankish
The Salic Law contains the sole direct attestations of Old Frankish. These consist mainly of loose words (Malbergse glossen), but include a full sentence[1]:
- Maltho thi afrio lito
- "I tell you: I free you, half free."
[edit] Literary references
Shakespeare uses the Salic Law as a plot device in Henry V, saying it was upheld by the French to bar Henry V’s claiming the French throne. The play Henry V begins with the Archbishop of Canterbury 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 law is German, not French. Shakespeares thought are of course wrong, since the Salian Franks originated in the Netherlands and the peoples of Clovis I lived along the Scheldt, Belgium.
In Royal Flash, by George MacDonald Fraser, the hero, Flashman, on his marriage, is presented with the Royal Consorts’ portion of the Crown Jewels, and The Duchess did rather better; as ever, feeling hard done-by, he thinks, It struck me then, and it strikes me now, that the Salic Law was a damned sound idea. p.172, Grafton paperback, 2006.
[edit] See also
[edit] Notes
- ^ The Dutch Language. Livius.org. Retrieved on 2006-09-20.
[edit] References
- Katherine Fischer Drew, The laws of the Salian Franks (Pactus legis Salicae), Philadelphia: University of Pennsylvania Press (1991), ISBN 0-8122-8256-6/ISBN 0-8122-1322-X.
- Craig Taylor, ed., Debating the Hundred Years War. "Pour ce que plusieurs" (La Loy Salique) and "A declaration of the trew and dewe title of Henrie VIII", Camden 5th series, Cambridge University Press, 2006, ISBN 0-521-873908
- Craig Taylor, "The Salic Law and the Valois succession to the French crown", French History, 15 (2001), pp.358-77.
- Craig Taylor, "The Salic Law, French Queenship and the Defence of Women in the Late Middle Ages", French Historical Studies, 29 (2006), pp.543-64.
[edit] External links
bg:Салически закон da:Saliske lov de:Lex Salica es:Ley Sálica eo:Salfranka leĝo eu:Lege Salikoa fr:Loi salique it:Legge salica lt:Salijų tiesa nl:Salische Wet ja:サリカ法典 pl:Prawo salickie pt:Lei sálica ro:Legea Salică ru:Салический закон fi:Saalilainen laki zh:薩利克繼承法
