Salic law


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Related to Salic law: Salique law

Salic law:

see Germanic lawsGermanic laws,
customary law codes of the Germans before their contact with the Romans. They are unknown to us except through casual references of ancient authors and inferences from the codes compiled after the tribes had invaded the Roman Empire.
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.

Salic law

(sā`lĭk), rule of succession in certain royal and noble families of Europe, forbidding females and those descended in the female line to succeed to the titles or offices in the family. It is called the Salic law on the mistaken supposition that it was part of the Lex Salica (see Germanic lawsGermanic laws,
customary law codes of the Germans before their contact with the Romans. They are unknown to us except through casual references of ancient authors and inferences from the codes compiled after the tribes had invaded the Roman Empire.
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); provisions of that code forbade female succession to property but were not concerned with titles or offices. The rule was most prominently enforced by the house of ValoisValois
, royal house of France that ruled from 1328 to 1589. At the death of Charles IV, the last of the direct Capetians, the Valois dynasty came to the throne in the person of Philip VI, son of Charles of Valois and grandson of Philip III.
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 and the succeeding house of BourbonBourbon
, European royal family, originally of France; a cadet branch of the Capetian dynasty. One branch of the Bourbons occupies the modern Spanish throne, and other branches ruled the Two Sicilies and Parma.
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 in France. At the time of Philip VPhilip V,
1683–1746, king of Spain (1700–1746), first Bourbon on the Spanish throne. A grandson of Louis XIV of France, he was titular duke of Anjou before Charles II of Spain designated him as his successor.
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 it was introduced to Spain; when it was rescinded there in favor of Isabella IIIsabella II,
1830–1904, queen of Spain (1833–68), daughter of Ferdinand VII and of Maria Christina. Her uncle, Don Carlos, contested her succession under the Salic law, and thus the Carlist Wars began (see Carlists).
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, the CarlistsCarlists,
partisans of Don Carlos (1788–1855) and his successors, who claimed the Spanish throne under the Salic law of succession, introduced (1713) by Philip V. The law (forced on Philip by the War of the Spanish Succession to avoid a union of the French and Spanish
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 rose in revolt on the grounds of the law. The rule was also involved in the rivalry of StephenStephen,
1097?–1154, king of England (1135–54). The son of Stephen, count of Blois and Chartres, and Adela, daughter of William I of England, he was brought up by his uncle, Henry I of England, who presented him with estates in England and France and arranged his
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 and MatildaMatilda
or Maud,
1102–67, queen of England, daughter of Henry I of England. Henry arranged a marriage for her with Holy Roman Emperor Henry V, and she was sent to Germany, betrothed, and five years later (1114) married to him.
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 for the throne of England and in the claim of Edward IIIEdward III,
1312–77, king of England (1327–77), son of Edward II and Isabella. Early Life

He was made earl of Chester in 1320 and duke of Aquitaine in 1325 and accompanied his mother to France in 1325.
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 to the French succession (one cause of the Hundred Years WarHundred Years War,
1337–1453, conflict between England and France. Causes

Its basic cause was a dynastic quarrel that originated when the conquest of England by William of Normandy created a state lying on both sides of the English Channel. In the 14th cent.
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). Because the GuelphsGuelphs
, European dynasty tracing its descent from the Swabian count Guelph or Welf (9th cent.), whose daughter Judith married the Frankish emperor Louis I. Guelph III (d. 1055) was made (1047) duke of Carinthia and margrave of Verona.
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 followed the Salic law, the union of Great Britain and Hanover—begun when the elector of Hanover ascended the British throne as George IGeorge I
(George Louis), 1660–1727, king of Great Britain and Ireland (1714–27); son of Sophia, electress of Hanover, and great-grandson of James I. He became (1698) elector of Hanover, fought in the War of the Spanish Succession, and in 1714 succeeded Queen Anne
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—had to be discontinued when VictoriaVictoria
(Alexandrina Victoria) , 1819–1901, queen of Great Britain and Ireland (1837–1901) and empress of India (1876–1901). She was the daughter of Edward, duke of Kent (fourth son of George III), and Princess Mary Louise Victoria of Saxe-Coburg-Saalfeld.
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 ascended the British throne.

Salic Law

 

(Latin Lex Salica), the written code of common law of the Salian Franks, one of the earliest barbarian law codes. At the behest of King Clovis, the Salic Law was written in the early sixth century in Vulgar Latin, with the inclusion of Frankish words and expressions. It was expanded and reworked by Clovis’ successors.

The Salic Law is divided into chapters and contains a list of crimes and the corresponding penalties, chiefly in the form of fines. The code reflects various stages in the development of archaic legal procedure; it was not noticeably influenced by Roman legal practice, and it preserved the norms of Germanic common law virtually unchanged. It reflects the evolution of Frankish society from the first communal stage to the beginnings of the feudal order.

The Salic Law shows traces of the tribal order among the Franks (chapters concerning inheritance by kinsmen, the payment by kinsmen of wergild, and conjurators representing the clan). It protected individual and family ownership of property, which had already become established among the Franks (penalties for the theft of livestock, slaves, grain, and fodder), and documented the appearance of individual and family ownership of land (authorization of the inheritance of arable land by male descendants). In the chapter “On Migrants,” the code gives a clear picture of the village commune, inhabited by neighbors possessing equal rights. At the same time, there are indications of differentiation in Frankish society and of the existence not only of freemen but also of semifree individuals and slaves, as well as of an aristocracy—individuals of the king’s entourage. The differences between the social and legal status of these categories of the population are reflected in the different wergilds set by the Salic Law. The code contains indications that a process of differentiation on the basis of wealth had begun among freemen and that some members of the stratum had become poor. Later additions and reworkings make it possible to trace the changes that occurred within Frankish society over several centuries, such as the transformation of the land into absolute alodium and the evolution from a commune system to that of a neighborhood community—the mark.

PUBLICATIONS

Salicheskaia pravda. Edited by V. F. Semenov. Moscow, 1950.
See also publications under barbarian law.

REFERENCES

Neusykhin, A. I. Vozniknovenie zavisimogo krest’ianstva kak klassa ran-nefeodal’nogo obshchestva v Zapadnoi Evrope VI-VII I vv. Moscow, 1956.
Neusykhin, A. I. “Novye dannye po istochnikovedeniiu Salicheskoi Pravdy.” In the collection Srednie veka, issue 17, Moscow, 1960; issue 21, Moscow, 1962; issue 25, Moscow, 1964; issue 30, Moscow, 1967.
References in periodicals archive ?
This stratagem is designed to shift responsibility for the decision onto the Archbishop, who can later be blamed should the war fall, and onto the law itself because in Canterbury's interpretation, Salic Law is shown to require action by Henry.
The rhetorical force of Henry's invitation to the Archbishop to interpret the Salic law comes from his success in sounding the drum of humility over and over again: "God forbid, my dear and faithful lord, / That you should fashion, wrest, or bow your reading, / Or nicely charge your understanding soul / With opening titles miscreate, whose right / Suits not in native colours with the truth.
Salic law forbade the female succession in Hanover and so William's 66 year old brother Ernst August became King George III's fifth son the Duke of Cumberland, an extraordinary sinister figure who was not much liked and who was described by his sister in law Queen Caroline as a very odious man But Schloss Marienburg has always had all the poignancy and romance of the dream castles created by King Ludwig of Bavaria, who was, as is wellknown, Wagner's greatest fan.
He faces ex-Irish Relaxed Gesture, second in the Grade 1 Manhattan Handicap on his most recent effort, and Darley Stable's late-developer Salic Law.
7 Salic Law excluded whom or what from inheritance and succession?
Shakespeare's Henry V launches his invasion of France after his legal advisers reassure him that he is the legitimate heir to the French throne, notwithstanding the Salic law prohibition on inheritance through the female line.
He wrongly thought it was children under 15 who were excluded from inheritance under Salic law and would have declined to answer it had he been on TV.
Salic Law, which still governs the lines of descent for many monarchies says that the heir to a throne must be the closest male relative in the male line.
Two years ago the Belgian Parliament considered the possible succession of Princess Astrid, the king's niece, thus effectively abrogating the Salic law, which has cast its spurious shadow for many centuries.
Historical documents such as the Code of Hammurabi, the Magna Carta, the Salic Law and the Constitution of the United States of America are shredded in order to prove consistency with new governmental document retention policies.
Giesey revisits the story of the Salic Law in order to show that contrary to common belief, the exclusion of women from the French throne was not rooted in pure misogyny--which was not, therefore, the inexorable companion of the emergence of the modern state--but was the result of a series of circumstantial power games and interests.
It might be different if our monarchy operated under what's known as Salic Law - like those of Japan, Jordan, Nepal - which excludes all females and their descendents from the succession.