salic law

Salic Law (Lex Salica, Salic law) is a law code of the Frankish Kingdom during the Merovean Dynasty . The expression Salic refers to the Salic tribe, which was the leading tribe among the Franks at the time.[1] came out of It is a legal code created in the last years of King Clovis I and codifies the customary laws of the Germanic people , so it contains many Germanic concepts. It was written in an intermediate language between Latin and French , and is also written in Old Dutch, the original language of the Franks , making it an important resource for Dutch research.

While it is a proper noun that refers to the code itself, it is also a general noun that refers to the entire system that does not recognize ' female succession to the throne' or 'female royal descendants' . In other words, it also means a law prohibiting women from ascending the throne.

The view that the etymology of the Salica law was the 'Sali', a member of the Frankish tribe, was treated as orthodoxy until the 19th century . However, from the early 20th century, scholars began to appear who questioned the etymology of Salica law and, by extension, the existence of the Sali people themselves.

The existing traditional view was supported by 『New History (Nova historia)』 written by Zosimus, a historian of the Eastern Roman Empire . In his book, Zosimus wrote that the 'Sal-' in 'Lex Salica' refers to the Sali tribe, a Frankish tribe in the western region, and that the Salica law is the tribal law of the Salic tribe. Also, among the Franks, there were the Sali tribe and the Lipuaria tribe, and later, as the Sali tribe absorbed the Lipuaria tribe, the Sali tribe's law became the Frankish law.

The first to challenge the traditional view based on this was the German historian Simon Stein, who argued in 1926 that the word 'Salica' had nothing to do with a specific tribe and was merely an adjective containing the meaning of 'lord-dominated relationship', derived from the Latin word 'Terra Salica', meaning 'territory directly ruled by a lord ' .

Furthermore, German medieval historian Matthias Springer raised questions about the existence of the Saliers in his 1997 paper “Gab es ein Volk der Salier?” (Did the Saliers really exist?). He argued that 'Salica' may be related to the ancient Germanic word 'Saljon', which means 'common, shared', and that this word changed its meaning to 'lord-dominated relationship' during the Merovean Dynasty . In addition, he argued that the only historical records in which the Salician and Lipuarian tribes appear are Zosimus's writings, and that the Salician tribe, which had the Salica tribe in its tribal law, did not actually exist.

In conclusion, the traditional view that Salica law is the tribal law of the Sali people, who were members of the Frankish tribe, has been challenged by modern and contemporary historians who say that Salica law refers to a part of Frankish law rather than tribal law, and this debate is currently ongoing. In other words, it is currently impossible to conclude that there were no Sali people, and in fact, both the English Wikipedia and the French Wikipedia acknowledge the existence of the Sali Franks.

Among the civil law provisions of the Salica Law is that ' daughters cannot inherit land.' And according to Frankish tradition , the title was attached to the land . According to this story, ‘daughters cannot inherit titles’ . This was to prevent women, who were considered unsuitable for military service , from inheriting land and titles because the owner of the land had to equip his own armament, support his troops, and command his troops and participate in battles in times of war based on the income earned from the land. Since succession through the maternal line had already appeared during the Merovian Dynasty of the Frankish Kingdom, this provision appears to have been written down less than 100 years after it was created .

In reality, the daughter could inherit the land, military service could be left to the son-in-law or maternal grandson, and Salica law also recognized the maternal grandson's rights. Moreover, if the maternal grandchild was young, the daughter could become the guardian and manage the land in her motherly capacity. Even as the owner of the land and title, he would have wanted to give the land to his daughter rather than his nephew , brother , or more distant relative . In other words, if the Salica law is applied strictly, the king does not have a prince but only a princess, so if the king chooses a son-in-law and marries the princess, the daughter will not be crowned queen and the son-in-law will become the secretary of state, but the son-in-law will be crowned king through his wife's right of succession and the daughter will become queen. However, it is difficult to strictly distinguish between the two, because in these cases, it was often a form close to the joint rule of a couple.

Also, to make it easier to distinguish, the terms queen and queen were written separately, but there is not much of a distinction in European languages ​​anyway.[2] Likewise, for lower-ranking titles other than king, duchess, countess, duchess, or countess are all written the same way. Of course, if there is a need to distinguish, Consort, which means spouse, is added.

Then in 1316 france King Louis X of the Capetian Dynasty died and his surviving son died . The trouble began when Emperor Zhang I died within five days.[3] Regent Philip, who was Louis X's younger brother and Jean I's uncle , was immediately crowned as King Philip V. However, because Louis X's daughter Jeanne was alive, his legitimacy declined. Accordingly, in 1317 In Reims , he hastily performed an anointing ceremony to strengthen his position and then held a conference with nobles , prelates , doctors from the University of Paris , and jurists. They searched the University of Paris , unearthed this article from a dusty legal code, and expanded the interpretation to abolish the right to succession to the throne through the maternal line. In other words, he deprived his nephew and heir to the throne, Jeanne, of the right to succession and strengthened his own legitimacy.

Because of this, Joan was not able to ascend the throne, and since succession continued through the paternal line, no queen was able to ascend the throne in France. Instead, after the death of Charles IV, Joan became Queen Joana II of the Kingdom of Navarre, which was not subject to the Salica law .[4] With this provision , Philip of Valois later ascended to the throne through his paternal lineage , opening the Valois dynasty . In the Bourbon dynasty, after Louis XVI died during the French Revolution , Louis XVIII and Charles

As mentioned earlier, this interpretation of Philip VI is an enlarged interpretation. In Salika's law, the daughter could not inherit the land, but the son could inherit the land. If the grandson could not inherit the land, the authenticity of the cafe dynasty or the Balua dynasty, which had inherited land and acts as a grandson, was also very vulnerable. The throne of the cafe dynasty and the Balua dynasty was secured as a paternal lineage, but not all lands and directors were inherited.

The Valois dynasty was originally owned by the maternal grandfather, including the Valois lands and titles. Above all, French dynasties expanded their territory by marrying princes to the heiresses of powerful lords. In addition, Philip V had four daughters and his only son died at the age of one, so his children failed to succeed to the throne due to his expanded interpretation of the Salica Law. If she had risen to the standard, her grown daughter could have become queen, so she was completely self-sufficient. He took the throne by forcibly changing the law, but after giving birth to four daughters, even his son, whom he had obtained with great difficulty, died as a baby, so in the end, he ended up receiving his own karma. In any case, this interpretation of Philip V spread to other countries over time , and as a result, all kinds of wars broke out. As Philip V himself died early and his daughters could not inherit the throne, his younger brother ascended the throne as Charles IV . Charles IV also failed to leave an heir, so his cousin Philip of Valois ascended the throne as Philip VI , ending the direct lineage of the Capetian dynasty and the beginning of the collateral Valois dynasty .

Charles IV's closest bloods were Louis III's daughter cup, but this provision was impossible to succeed the throne, so Philip IV's nephew (Son of Filip III 's brother Charles de Balua ) The grandson (the son of Philip III's daughter Isabel), King Edward III of the English Kingdom , and another nephew of Philip III (the son of Louis Devre, Philip III) insisted on the throne. Eventually, Philippe VI opened the Balua dynasty, and Edward III admitted it, but later Philippe demanded the liberation of Scotland and invaded Gasco New , and after a hundred years of war, the maternal succession was sent to Philippe (Philip IVI) The grandson of the grandson and Louis X, Philippe V, Charles IV) insisted that he was a true French king.

However, there is also a counter-argument that the Salica law was not discovered at the time and that Aristotle 's logic that only men could participate in politics was used as the basis for succession.

As such, the Salica Law was the law of the Frankish Kingdom , so it did not apply to countries with different origins, even European countries. The Hundred Years' War occurred because the Kingdom of England was not influenced by the Salica Act. In addition, even after the Hundred Years' War, England continued the succession to the throne through maternal succession, and also recognized the succession of princesses. In fact, most of the queens, including Elizabeth 1/2 and Queen Victoria, who are famous among the public, are the kings of England and England.

There is a saying that the War of Austrian Succession broke out because of an expanded interpretation of the Salica Law, but this is also slightly different from the truth. At the time, the Archduchy of Austria, the home of the Habsburg Monarchy , was ruled by the Habsburg family , which traditionally followed Salica law . Charles VI , the last male of the existing Habsburg family, failed to have a son, so he had no choice but to pass on the land and title to his daughter. If the War of Austrian Succession had broken out because of the Salica Act, other countries would have raised issues about the very succession of land and titles through women, but in reality, other countries, such as the Electorate of Saxony and the Electorate of Bavaria , also agreed to the women's succession itself.

The actual point of contention was the order of succession. Charles VI wanted to pass on the Habsburg monarchy to his eldest daughter Maria Theresa, but the problem was that Charles VI had an older brother named Joseph I. Joseph I had no sons and only a daughter, so according to the Salica law, his younger brother, Charles VI, inherited the Habsburg monarchy. Since Charles VI was male, he was higher in the line of succession than the daughters of Joseph I under Salica law. The problem was that the daughters of Charles VI were not higher in the line of succession than the daughters of Joseph I. Since Joseph I's daughters were the daughters of his eldest son and Charles VI's daughters were the daughters of his second son, the succession rights of Joseph I's daughters were superior to those of Charles VI's daughters, but Charles VI quietly changed this through the Statute of State Affairs in 1713 . Originally, the land and title would have been inherited by Maria Josepha, the eldest daughter of Joseph I, who married the Elector August III of Saxony, or Maria Amalia, the second daughter of Joseph I, who married Karl Albrecht , the Elector of Bavaria, so other countries, including the Electorate of Bavaria , which was a direct victim, naturally opposed this. In other words, apart from the transition from Salica law to Quasi-Salica law,[5] Arbitrarily changing the succession order of female successors sparked a war that broke out.

However, as time passed, the Salika law was applied for reasons such as borrowing Salika law in the process of establishing a royal dynasty as a royal family who used the Salika law, but borrowing the Salika law in the process of establishing the principle of succession. There are some countries that started.

Since Spain is not a country that originated from the Frankish Kingdom, there was originally no Salic law, but Salic law was introduced when the Bourbon dynasty took the throne.[6] Afterwards, a dispute over the succession to the throne broke out over the Salica Law, which was called the ‘ Carlosian War .’ Even if Ferdinand VII did not have a son, he abolished the Salica Law with the plan to pass the throne on to his daughter. Accordingly, when Ferdinand VII's eldest daughter ascended the throne as Isabella II after the death of Fernando VII, her uncle Carlos, Count of Molina, who was the successor according to the Salica Law, declared himself king. There were several Carlista civil wars, and although the Carlistas lost all of them, they still maintained a powerful power and later ruled Spain . Participated in the civil war as a major right -wing force.

Even in the Russian Empire , Salica law was not applied at first.[7] It began to be applied after the end of the reign of the Empress of the Romanov Dynasty and the accession of Peter III 's son, Pavel I, to the throne. Peter III was the emperor of Russia, but he was of German descent, a cultural group that followed the Salica law. Pavel I, who was extremely resentful of his mother, who had become emperor by staging a coup and virtually murdering his father, brought the Salica law from his father's homeland and made it official by documenting it in 1797 .

Meanwhile, the Hanoverian dynasty in England ended its alliance with the Kingdom of Hanover when Queen Victoria ascended the throne . This is because England had adopted the son-first inheritance system, but Hanover had adopted the Salica law. Afterwards, Victoria's uncle ascended the throne as Ernst August I of Hanover , and the position of head of the Hanover family was also inherited by his descendants.

Salika law is also helpful in terms of stability of the state. It is advantageous for the preservation of the country . In general, the princes, who are given to the country in Korea, are often leaked abroad as they are inherited, while princesses who are married to foreign royal family have problems in which inherited territory leaks abroad. Historically, Elleonor, the heir of Akiten, the bonus and wife of the French king Louis VIII , divorced his husband and married the English king Henry II , where the king had more French land than the French king. .

In addition, most princesses in Europe marry overseas royals in consideration of a noble marriage , so if they choose to inherit through the maternal line, their foreign husband may become king.[8] There is a problem that a foreign grandson will ascend to the throne. For example, when the son of the daughter of a British princess who married into the German Hanoverian family inherited the British throne, a situation arose where the king could not speak English at all. In order to prevent foreigners from taking power and preserve the dynasty, there were cases where queens were married to domestic royals, that is, relatives of the same family, such as Mary II of England and Isabella II of Spain .

In European history , sometimes the successor comes from a huge distant village, which is mostly because of the Salika law. In the French kingdom, Henrike III of the kingdom of Navara is a pagan, but he is crowned the king of the French dynasty. Karl IV Theodore of the Palz Preemptive Hufu took over the territory. Luxembourg has more alcoholic King Dutch The 37 -year -old Villum III, the former NAU 's Duke Adolf, was crowned Luxembourg .[9]

In Shakespeare 's work ' Henry V ', the application of this French Salic law is refuted point by point.

In East Asia , there is a principle called the ‘secular law system’. It can be seen in the Chinese Empire and the countries it influenced such as Korea , Japan , and Vietnam . It is very similar to the European Salica law in that the principle of paternity inheritance is the same and, with some exceptions in ancient times, women's succession to the throne has almost never been recognized.[10]

However, the Salika law in Europe has some important differences from the species law.

In Europe, with the spread of gender equality ideas in the 20th century, the Salica law was gradually abolished. Among the European royal families currently reigning, only the House of Liechtenstein maintains the Salica law.[24]

In the late 20th century, the country that abolished the royal Salika law was as follows. The royal family, which was a semi -Salika law, is displayed.

It is difficult for modern monarchic families in power to go against the cause of gender equality, and they have to listen to the opinions of parliament and the people , and because there is a 'sure authentication device' called the throne, there is no problem in maintaining their identity even if maternal succession is established through the absolute eldest-born inheritance system . As in the past, royal authority no longer crossed the borders of modern countries due to royal marriages, and the monarch did not personally bring troops to war as was the case when the Salica Laws were first enacted. Rather, there are many cases where old royal families or old noble families that have lost their fiefdoms or titles stubbornly keep the Salica law, because it is difficult to maintain the family's identity without protecting traditional practices such as the Salica law. If these families are revising the family succession law and changing it to an absolute eldest inheritance system or a son-first eldest inheritance system, it is highly likely that this is because hands have become scarce.[25]

The succession law of the Japanese imperial family is different from the Salica law. The Salica Law is a law that defines the succession of land and title lineage, but the Japanese imperial family is not a family that belongs to a fief. In the name of direct lineage from Amaterasu , the family monopolizes the highest priesthood in Shinto , so the emperor must be from the family of Amaterasu. Therefore, according to the current imperial law , it is impossible to have a female emperor or a female emperor, but if the male lineage dries up, the possibility of a female emperor's succession may theoretically open up.