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Salic patrimony


Salic patrimony (or inheritance or land property, after the legal term Terra salica used in the Salian code) refers to clan-based possession of real estate property, particularly in Germanic context. Terra salica could not be sold or otherwise disposed; it was not alienable.

In Salic patrimony, the clan demesne is divided between male agnatic heirs, as often (but not necessarily) is also succession to supreme chieftainship of the clan within an agnatic extended family only upon entrusting the common domain to one of the agnates.

It has been observed that "Salic patrimony" is the usual pattern of landholding in most tribal societies. In Kent, a comparable practice survived into the Norman period under the name Gavelkind.

Lands belonged to the entire clan or house, which was a composition of agnatic relatives. Real estate (in medieval West-European society, that sort of property was often called demesne) meant landed property, which was basically a farm, but may have been larger territory, even a kingdom. Royal domains in several countries were such properties. To usual medieval feudal power structure, the actual holding of royal domain manors, fortresses and arable lands was the stronghold to exercise governmental control over surrounding areas. Partitions of such properties thus meant practical sharing of areas of influence and control over territories, thus creating partitioned kingdoms and fiefs.

When a father died, all his sons were entitled to receive a share of real estate. When a holder died sonless, the clan, which means his agnatic relatives, succeeded in the possession of his lands. Share of the family demesne, share in its possession, was a birthright of males born in male line to the "clan".

This pattern, sort of partible inheritance but only between male heirs, was inherent in archaic societies, such as in Germanic tribes of early medieval period. It however sometimes continued in one or another form in feudal societies too, and even early modern states.


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