The Salic Law , or law of the Salian Franks, is a civil and penal code whose mythical origin goes back to the legendary Frankish king Pharamond. Written between the 6th and 7th centuries, the Salic law has been, except in certain monastic centers, forgotten. A provision of this law, excluding women from inheritance to land, was later appropriately interpreted so as to oust them from the crown of France. However, it is not a question of the succession of the kingdom in the Salic law, but of the goods of the family clan. The land, source of wealth, is assigned to the male heirs, the warriors, while the women receive the movable property.
The Salic Law
The sixty-five code headings are divided into two parts. The first forty-three are the oldest and seem to date back to the 4th century. The jurists of Clovis must have taken their inspiration from a military code composed for the Franks. The following twenty-two are an order from Clovis. The importance of this code is such that the Merovingian successors of Clovis, then the Carolingian sovereigns, will refer to it and add edicts in order to specify this body of laws. However, Roman law remains in certain areas, notably that of sales, because production, the exchange of goods and credit problems are not addressed by the lex salica.
Obligations
The Salic law responds to new demands for peace, linked to the Christian religion, and deals with offenses such as murder or assault and battery. This code applies to all Salian Franks. It is a kind of catalog describing the obligations of each and the various penalties incurred for non-compliance with these obligations. The judges of the county court have recourse to the pact in order to facilitate their work. In the code, we find the description of the fault committed with the corresponding penalty. It is generally calculated in gold coins with very high precision.
For example, if a murder is proven, the culprit must pay 8000 denarii in the event that the body is not hidden. Otherwise, the fine is 24,000 denarii. It also varies according to the rank and quality of the victim. Thus, the assassination of a Roman costs less than that of a Frank. Other types of penalties are provided by law, such as whipping and even death for certain thefts. This code supersedes the ongoing practice of personal vengeance in Germanic law.
A code that governs the daily life of the Franks
Most crimes committed in Clovis territory are not murderous in nature. Often, they relate to the different aspects of daily life (the house and its garden, agricultural work, the family, etc.). The law - and through it the king - protects all citizens present in the territory whether they are free or not. It defines itself as Salian Franks and is based on the ancient habits of this people.
It reflects the type of society it comes from, a society of farmer breeders, and takes care of offenses such as the theft of animals or hunting instruments, or illegal entry into the neighbour's meadow. The articles devoted to the rural world provide valuable information on life in the countryside under Clovis. They identify the different species bred, specify the size of the herds, indicate the uses made of the dogs (hunting dogs, sheepdogs or guard dogs).
Succession in Salic law
Finally, the law codifies inheritance rights concerning landed property, which belong to men only. Women are excluded as long as there are male heirs. This law will extend to the succession of the crown of France, not without posing many problems since in 1316, Louis X le Hutin dies with as sole heir a daughter and that Philippe V, in 1322, has no descendants. .
The King of England then claimed the crown of France since he was Philippe Bel's grandson by his mother. Philippe de Valois, nephew of Philippe le Bel by his father, crowned king of France in 1328 opposes this claim, as does his brother Charles IV who will succeed him. This will be the origin of the Hundred Years War.
Neither in 1316 nor in 1328, however, is the Salic law mentioned. Only the custom of the kingdom, after the fact, justifies male heredity. It was not until the reign of Charles V that clerics and jurists used Salic law as an argument for the legitimacy of the Valois. It is then said to be contemporary with Pharamond, legendary king of the Franks, and it participates in the new dynastic mystique that the abbey of Saint-Denis continues to forge. There is found the text definitively finalized under Charles VII.
To go further
- The Salic Law translated into French, by Adolphe Lanoë. Hachette, 2016.
- The Unrecognized Role of Salic Law:The Royal Succession XIV°-XVI° Centuries, by Ralph E. Giesey. The Beautiful Letters, 2006.
- 481-888 - France before France. Collective work, Gallimard 2019.