Hukum Sali: Perbedaan antara revisi
Konten dihapus Konten ditambahkan
Baris 73:
=== Di Perancis ===
Raja-raja [[wangsa Meroving]] membagi-bagi wilayah kekuasaannya secara merata kepada semua putra mereka yang masih hidup. Tindakan ini menjadi penyebab timbulnya berbagai sengketa dan bunuh-membunuh antarsaudara di kalangan kaum keturunan raja. Wangsa Karoling juga melakukan tindakan yang sama, namun wilayah kekuasaan mereka sudah bertaraf kekaisaran, sehingga tidak dapat dibagi-bagi dan hanya dapat diwariskan kepada satu orang saja pada setiap masa pemerintahan. Primogenitur, yakni asas pengistimewaan terhadap keturunan yang lahir lebih dulu sebagai ahli waris atas seluruh harta si pewaris, pada akhirnya muncul di Perancis pada masa pemerintahan raja-raja wangsa Kapet. Raja-raja wangsa Kapet yang terdahulu hanya memiliki satu orang ahli waris, yaitu putra tertua, yang [[Penobatan Raja Perancis#Pemahkotaan Pewaris|dinobatkan menjadi raja kecil]] ({{lang-lat|rex iunior}}) selagi ayahnya masih hidup. Karena warisan tidak lagi dibagi-bagi secara merata, maka sebagai gantinya, putra-putra raja dari wangsa Kapet selain putra tertua dianugerahi [[apanase]], yakni daerah kekuasaan feodal di bawah suzeranitas raja. Hukum feodal memperbolehkan pewarisan pertuanan kepada anak perempuan jika tidak ada anak lelaki. Aturan ini juga diterapkan pada apanase-apanase terdahulu. Mengenai apakah hukum feodal ini juga diterapkan dalam pewarisan takhta Kerajaan Perancis, tak seorang pun yang tahu sampai dengan tahun 1316.<!--
==== Tata suksesi pada 1316 ====
For a remarkably long period, from the inception of the Capetian dynasty in 987 until the death of [[Louis X of France|Louis X]] in 1316, the eldest living son of the King of France succeeded to the throne upon his demise. There was no prior occasion to demonstrate whether or not females were excluded from the succession to the crown. Louis X died without a son, but left his wife pregnant. The king's brother, [[Philip V of France|Philip, Count of Poitiers]], became regent. Philip prepared for the contingencies with [[Odo IV, Duke of Burgundy]], maternal uncle of Louis X's daughter and prospective heiress, [[Joan II of Navarre|Joan]]. If the unborn child was male, he would succeed to the French throne as king; if female, Philip would maintain the regency until the daughters of Louis X reach their majority. There was opportunity for either daughter to succeed to the French throne.
The unborn child proved to be male, [[John I of France|John I]], to the relief of the kingdom. But the infant lived for only a few days. Philip saw his chance and broke the agreement with the Duke of Burgundy by having himself anointed at Reims in January 1317 as [[Philip V of France]]. [[Agnes of France, Duchess of Burgundy|Agnes of France]], daughter of Saint Louis, mother of the Duke of Burgundy, and maternal grandmother of the Princess Joan, considered it an usurpation and demanded an assembly of the peers, which Philip V accepted.
An assembly of prelates, lords, the bourgeois of Paris and doctors of the University, known as the Estates-General of 1317, gathered in February. Philip V asked them to write an argument justifying his right to the throne of France. These "general statements" agreed in declaring that "Women do not succeed the kingdom of France", formalizing Philip's usurpation and the impossibility for a woman to ascend the throne of France, a principle in force until the end of the monarchy. The Salic law, at the time, was not yet invoked: the arguments put forward in favor of Philip V relied only on the degree of proximity of Philip V with St. Louis. Philip had the support of the nobility and had the resources for his ambitions.
Philip won over the Duke of Burgundy by giving him his daughter, also named [[Joan III, Countess of Burgundy|Joan]], in marriage, with the counties of Artois and Burgundy as her eventual inheritance. On March 27, 1317, a treaty was signed at Laon between the Duke of Burgundy and Philip V, wherein Joan renounced her right to the throne of France.
==== Tata suksesi pada 1328 ====
Philip, too, died without a son, and his brother Charles succeeded him as [[Charles IV of France|Charles IV]] unopposed. Charles, too, died without a son, but also left his wife pregnant. It was another succession crisis, the same as that in 1316: it was necessary both to prepare for a possible regency (and choose a regent) and prepare for a possible succession to the throne. At this point, it had been accepted that women could not claim the crown of France (without any written rule stipulating it yet).
Under the application of the agnatic principle, the following were excluded:
*the daughters of Louis X, Philip V and Charles IV, including the possible unborn daughter of the pregnant Queen [[Jeanne d'Évreux]];
*[[Isabella of France]], sister of Louis X, Philip V and Charles IV, wife of King [[Edward II of England]].
The widow of Charles IV gave birth to a daughter. [[Isabella of France]], sister of Charles IV, claimed the throne for her son, [[Edward III of England]]. The French rejected the claim, noting that "Women cannot transmit a right which they do not possess", a corollary to the succession principle in 1316. The regent, Philip of Valois, became Philip VI of France in 1328. Philip became king without serious opposition, until his attempt to confiscate [[Gascony]] in 1337 made Edward III press his claim to the French throne.
==== Kemunculan Hukum Sali ====
As far as can be ascertained, ''Salic law'' was not explicitly mentioned either in 1316 or 1328. It had been forgotten in the feudal era, and the assertion that the French crown can only be transmitted to and through males made it unique and exalted in the eyes of the French. Jurists later 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 (''In terram Salicam mulieres ne succedant'').
In its origin, therefore, the agnatic principle was limited to the succession to the crown of France. Prior to the Valois succession, Capetian kings granted appanages to their younger sons and brothers, which could pass to male and female heirs. But the appanages given to the Valois princes, in imitation of the succession law of the monarchy that gave them, limited their transmission to males. Another Capetian lineage, the [[Montfort of Brittany]], claimed male succession in the Duchy of Brittany. In this they were supported by the King of England, while their rivals who claimed the traditional female succession in Brittany were supported by the King of France. The Montforts eventually won the duchy by warfare, but had to recognize the suzerainty of the King of France.
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 [[House of Capet|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 it was somewhat anachronistic — there were no Salic lands, since the Salian monarchy and its lands had originally emerged in what is now the [[Netherlands]].
Shakespeare claims that [[Charles VI of France|Charles VI]] rejected [[Henry V of England|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 [[English claims to the French throne|many overlapping claims]] between the French and English monarchs over the French Throne.
More than a century later, [[Philip II of Spain]] attempted to claim the French crown for his daughter [[Isabella Clara Eugenia]], born of his Valois queen. Philip's agents were instructed to "insinuate cleverly" that the Salic law was a "pure invention". But even if the "Salic law" did not really apply to the throne of France, the very principle of agnatic succession had become a cornerstone of the French royal succession; they had upheld it in the Hundred Years' War with the English, and it had produced their kings for more than two centuries. The eventual recognition of [[Henry IV of France|Henry IV]], the first of the Bourbons kings, further solidified the agnatic principle in France.
=== Penerapan Hukum Sali di negara-negara Eropa lainnya ===
A number of military conflicts in European history have stemmed from the application of, or disregard for, Salic law. 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 of 1713]] 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]], that being an example of an operation of the ''Semi-Salic law''.
In the modern [[Kingdom of Italy (1861–1946)|Kingdom of Italy]], under the [[House of Savoy]], succession to the throne was regulated by Salic law.
The [[United Kingdom of Great Britain and Ireland|British]] and the [[Kingdom of Hanover|Hanoverian]] thrones separated after the death of King [[William IV of the United Kingdom]] and of Hanover, in 1837. Hanover practised Semi-Salic law, but not Britain. King William's niece, [[Queen Victoria|Victoria]], ascended to the throne of Great Britain and Ireland, but the throne of Hanover went to William's brother [[Ernest Augustus I of Hanover|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 [[List of historic states of Germany|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 a similar way, the thrones of the [[Kingdom of the Netherlands]] and the [[Luxembourg|Grand Duchy of Luxembourg]] were separated in 1890, with the succession of [[Wilhelmina of the Netherlands|Princess Wilhelmina]] as the first [[Queen regnant]] of the Netherlands. As a remnant of Salic law, the office of the reigning [[monarch]] of the [[Netherlands]] is always formally known as 'King' even though her title may be 'Queen'. Luxembourg passed to the [[House of Orange-Nassau]]'s distantly-related agnates, the [[House of Nassau-Weilburg]]. However, that house too faced extinction in the male line less than two decades later. With no other male-line agnates in the remaining branches of the House of Nassau, [[William IV, Grand Duke of Luxembourg|Grand Duke William IV]] adopted a semi-salic law of succession so that he could be succeeded by his daughters.-->
== Rujukan dalam karya sastra ==
| |||