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The Fundamental Laws

History of Law and Institutions

Definition

Salic Law
The term Salic Law refers to two distinct historical realities:
During the early Middle Ages, it refers to a code of law developed between the beginning of the 4th century and the 6th century for the Salian Franks, from whom the Merovingian dynasty, particularly Clovis (466-511), king from 481 to 511, comes. This code, written in Latin and incorporating elements of Roman law, primarily concerned criminal law and monetary compositions; the aim of Salic Law was primarily to end the practice of private vengeance (feud) by requiring the perpetrator of a crime to pay a defined sum of money based on the "value" of the victim to their family. It also codified, among other things, the inheritance rules of this people.
In the 14th century, an article of this Salic law was revived and used by jurists in the service of the French kings of the Valois dynasty to justify the prohibition of women succeeding to the throne of France following the extinction of the male line of the direct Capetians in 1328. By the late Middle Ages and into modern times, the expression Salic Law thus refers to the fundamental rules of succession to the throne of France, which have sometimes been adopted by other European monarchies.
Edict of Union
The Edict of Union (or sometimes Reunion) is a peace treaty that Henry III was forced to sign in Rouen on July 15, 1588, with the League, establishing a close alliance between the monarchy and the League. This peace edict is a consequence of the insurrection of the Parisians on May 12, 1588, known as the day of barricades, after which the king had to flee Paris. The Duke of Guise, leader of the League, dared not seize power after an insurrection and sought to negotiate with Henry III. The king committed to fighting the Protestants and excluded any Protestant from the succession to the throne of France, thereby eliminating Henry of Navarre in favor of the House of Guise, as Henry III had no heir. This edict was renewed in October during the Estates General at Blois, demonstrating the power of the League. The king reacted against this omnipotence by assassinating the Duke of Guise on December 23 of the same year.
Lemaistre Ruling
The Lemaistre ruling, also known as the ruling of the Salic law, is a decision rendered by the Parliament of Paris on June 28, 1593. This ruling put an end to the conflicts by providing a legal solution to the issue of Catholicity law.
Edict of Moulins
The Edict of Moulins, issued by King Charles IX of France in February 1566, was prepared by Chancellor Michel de L'Hospital. Its aim was to permanently regulate alienations to the royal domain. To this end, legal scholars distinguished between a fixed domain (the entirety of the goods and rights acquired by the Crown upon the accession of a given king) and contingent domain (everything that comes to belong to the king). The fixed domain is inalienable, but the king can dispose of the contingent domain. Property acquired by the king could enter the fixed domain after 10 years of administration by royal agents. The Edict of Moulins is a regulation of the royal domain, regarded as a historical source of public domain law, as the properties of public persons already enjoyed a special status, symbolized by their inalienability and imprescriptibility. It is also a direct source of current French law since, for instance, to claim a property right on public domain by nature (sea and its shores, navigable rivers, subsoil of a public road, etc.), one must justify ownership prior to this Edict of Moulins.

A) The Inheritance

Richer = Moïne de Saint-Remi de Reims, author of Four Books of History, a fundamental work for understanding events concerning the last Carolingian kings and the early Capetians.


B) Masculinity

  1. In Search of Arguments

Gilles of Rome = born in Rome in 1247 and died on December 22 1316 in Avignon, is a theologian and philosopher Italian, nicknamed the Doctor Very Founded (doctor fundatissimus) and Prince of Theologians (theologorum Princeps1).

  1. Salic Law

Salic Law = Female sex subject.

Jean de Venette = Of peasant origin, he became prior in 1339, at the convent of the Order of Carmel located at Place Maubert in Paris and became superior of this order for France from 1341 to 1366.

His Latin Chronicles, covering the years 1340 to 1368, are published by Achery (Spicilegium, vol. iii), as a continuation of the chronicles of William of Nangis. A man of the people, he has sympathy for the peasants and is quite hostile to the nobles and to the English ; for this reason, he is particularly opposed, in his said chronicles, to the claims of Edward III to the throne of France.

Moreover, he was an important witness to the plague that broke out in 1348 in France. He precisely describes the aspects of the disease in his chronicles.


C) Continuity

Ordinance of Charles VI = Charles VI abolished all regency in 1403 and proclaimed theinstantaneousness of succession to the crown of France. The king abolished any idea of minority. Queen Isabeau had this ordinance annulled. This ordinance was reinstated in 1407 (Charles VI imposed it on Parliament). The king is always of age.

Loyseau = Lawyer of the 16th century.


D) Non-availability

  1. The principle

Jean de Terrevermeille = Jean de Terrevermeille, born around 1370 and died in Nîmes on June 25 14301, is a jurist of the 15th century, a specialist in Roman law. He is the author of Contra rebelles suorum regum, a legal and political treatise in three parts completed in 14192. In it, he defends the King of FranceCharles VI, and his son, the Dauphin Charles, against the Duke of BurgundyJohn the Fearless2. He argues that kingship is a function of which the king is not the owner.

2 The application: the Treaty of Troyes

The Treaty of Troyes is a treaty signed on May 21, 1420, in Troyes between Henry V of England and Charles VI of France, making the former the legitimate heir of the latter.

It marks the pinnacle of English supremacy during the Hundred Years' War, following the conquest of Normandy and several English victories, particularly that of Agincourt.

Made possible by the alliance of the English with the Burgundians, the ratification of this treaty opens a new phase in the French civil war, between the supporters of the dual Franco-English monarchy and those of the Dauphin Charles, which persists until 1435, the date of its resolution by the Treaty of Arras.


E) Catholicity

The Edict of Union = (or sometimes Reunion), also called the Treaty of Union is a peace that Henry III was forced to sign in Rouen on July 15, 1588, with the League, and establishes the close alliance between the monarchy and the League.

Lemaistre Ruling = The Lemaistre ruling, also known as the ruling of the Salic Law, is a ruling rendered by the Parliament of Paris on June 28, 1593. This ruling ends the conflicts by providing a legal solution to the issue of Catholicity law.


Post-Bac
1

The Fundamental Laws

History of Law and Institutions

Definition

Salic Law
The term Salic Law refers to two distinct historical realities:
During the early Middle Ages, it refers to a code of law developed between the beginning of the 4th century and the 6th century for the Salian Franks, from whom the Merovingian dynasty, particularly Clovis (466-511), king from 481 to 511, comes. This code, written in Latin and incorporating elements of Roman law, primarily concerned criminal law and monetary compositions; the aim of Salic Law was primarily to end the practice of private vengeance (feud) by requiring the perpetrator of a crime to pay a defined sum of money based on the "value" of the victim to their family. It also codified, among other things, the inheritance rules of this people.
In the 14th century, an article of this Salic law was revived and used by jurists in the service of the French kings of the Valois dynasty to justify the prohibition of women succeeding to the throne of France following the extinction of the male line of the direct Capetians in 1328. By the late Middle Ages and into modern times, the expression Salic Law thus refers to the fundamental rules of succession to the throne of France, which have sometimes been adopted by other European monarchies.
Edict of Union
The Edict of Union (or sometimes Reunion) is a peace treaty that Henry III was forced to sign in Rouen on July 15, 1588, with the League, establishing a close alliance between the monarchy and the League. This peace edict is a consequence of the insurrection of the Parisians on May 12, 1588, known as the day of barricades, after which the king had to flee Paris. The Duke of Guise, leader of the League, dared not seize power after an insurrection and sought to negotiate with Henry III. The king committed to fighting the Protestants and excluded any Protestant from the succession to the throne of France, thereby eliminating Henry of Navarre in favor of the House of Guise, as Henry III had no heir. This edict was renewed in October during the Estates General at Blois, demonstrating the power of the League. The king reacted against this omnipotence by assassinating the Duke of Guise on December 23 of the same year.
Lemaistre Ruling
The Lemaistre ruling, also known as the ruling of the Salic law, is a decision rendered by the Parliament of Paris on June 28, 1593. This ruling put an end to the conflicts by providing a legal solution to the issue of Catholicity law.
Edict of Moulins
The Edict of Moulins, issued by King Charles IX of France in February 1566, was prepared by Chancellor Michel de L'Hospital. Its aim was to permanently regulate alienations to the royal domain. To this end, legal scholars distinguished between a fixed domain (the entirety of the goods and rights acquired by the Crown upon the accession of a given king) and contingent domain (everything that comes to belong to the king). The fixed domain is inalienable, but the king can dispose of the contingent domain. Property acquired by the king could enter the fixed domain after 10 years of administration by royal agents. The Edict of Moulins is a regulation of the royal domain, regarded as a historical source of public domain law, as the properties of public persons already enjoyed a special status, symbolized by their inalienability and imprescriptibility. It is also a direct source of current French law since, for instance, to claim a property right on public domain by nature (sea and its shores, navigable rivers, subsoil of a public road, etc.), one must justify ownership prior to this Edict of Moulins.

A) The Inheritance

Richer = Moïne de Saint-Remi de Reims, author of Four Books of History, a fundamental work for understanding events concerning the last Carolingian kings and the early Capetians.


B) Masculinity

  1. In Search of Arguments

Gilles of Rome = born in Rome in 1247 and died on December 22 1316 in Avignon, is a theologian and philosopher Italian, nicknamed the Doctor Very Founded (doctor fundatissimus) and Prince of Theologians (theologorum Princeps1).

  1. Salic Law

Salic Law = Female sex subject.

Jean de Venette = Of peasant origin, he became prior in 1339, at the convent of the Order of Carmel located at Place Maubert in Paris and became superior of this order for France from 1341 to 1366.

His Latin Chronicles, covering the years 1340 to 1368, are published by Achery (Spicilegium, vol. iii), as a continuation of the chronicles of William of Nangis. A man of the people, he has sympathy for the peasants and is quite hostile to the nobles and to the English ; for this reason, he is particularly opposed, in his said chronicles, to the claims of Edward III to the throne of France.

Moreover, he was an important witness to the plague that broke out in 1348 in France. He precisely describes the aspects of the disease in his chronicles.


C) Continuity

Ordinance of Charles VI = Charles VI abolished all regency in 1403 and proclaimed theinstantaneousness of succession to the crown of France. The king abolished any idea of minority. Queen Isabeau had this ordinance annulled. This ordinance was reinstated in 1407 (Charles VI imposed it on Parliament). The king is always of age.

Loyseau = Lawyer of the 16th century.


D) Non-availability

  1. The principle

Jean de Terrevermeille = Jean de Terrevermeille, born around 1370 and died in Nîmes on June 25 14301, is a jurist of the 15th century, a specialist in Roman law. He is the author of Contra rebelles suorum regum, a legal and political treatise in three parts completed in 14192. In it, he defends the King of FranceCharles VI, and his son, the Dauphin Charles, against the Duke of BurgundyJohn the Fearless2. He argues that kingship is a function of which the king is not the owner.

2 The application: the Treaty of Troyes

The Treaty of Troyes is a treaty signed on May 21, 1420, in Troyes between Henry V of England and Charles VI of France, making the former the legitimate heir of the latter.

It marks the pinnacle of English supremacy during the Hundred Years' War, following the conquest of Normandy and several English victories, particularly that of Agincourt.

Made possible by the alliance of the English with the Burgundians, the ratification of this treaty opens a new phase in the French civil war, between the supporters of the dual Franco-English monarchy and those of the Dauphin Charles, which persists until 1435, the date of its resolution by the Treaty of Arras.


E) Catholicity

The Edict of Union = (or sometimes Reunion), also called the Treaty of Union is a peace that Henry III was forced to sign in Rouen on July 15, 1588, with the League, and establishes the close alliance between the monarchy and the League.

Lemaistre Ruling = The Lemaistre ruling, also known as the ruling of the Salic Law, is a ruling rendered by the Parliament of Paris on June 28, 1593. This ruling ends the conflicts by providing a legal solution to the issue of Catholicity law.


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