even to those Days. By that Law, only the Heirs
Male of our Kings are capable of governing the Kingdom,
and no Females can be admitted to that Dignity.
The Words of that Law are these: Nulla hereditatis
portio de terra Salica ad mulierem venito; Let no
Part of the Inheritance of Salick Land come
to a Woman. Now (says Gaguinus) the
French Lawyers call Salick Land, such
as belongs only to the King, and is different from
the Alodial which concerns the Subjects; to
whom, by that Law, is granted a free Dominion of any
thing, not excluding the Princely Authority.”
And to the same Purpose, not only almost all the Francogallican
Historians, but even all the Lawyers and
Pettifoggers have wrote to this Day, as Paponius
testifies, Arrest. lib. 4. cap. 1. So
that now the mistake has prevailed so far, as to have
obtain’d the Force of a Law. To explain
this, it must be remembred (which we formerly gave
an Account of) that the Franks had two Seats
of their Empire, and two Kingdoms; One in France,
which remains to this Day; The other beyond the Rhine,
near the River Sala; from whence they were
called Salii, and Salici Franci (joyning
the two Names together) but for the most part briefly
Salici; the Kingdom of these last, and even
their very Name is in a Manner extinct. Ammianus
Marcellinus makes mention in his History (as we
told you before) of these Salii, and shews,
that they are called the Eastern Franks, as
the others were called the Western. Now
as there were two Kingdoms of the Franks, so
they had different Laws: those that belonged
to the Salii, were called Salick; those
that belonged to the Francogalli, were called
French. Eguinarthus in his Life of Charles
the Great says thus:—“After he had
assumed the Imperial Title, finding that his Peoples
Laws were in many Things deficient, (for the
Franks have two Laws very different from each other
in many Cases,) he thought of adding such as were
wanting.”—The Author of the Preface
to the Salick Law has this Passage.—“The
renowned Nation of the Franks, before it was
converted to the Catholick Faith, enacted the Salick
Law by the Great Men of the Nation, who at that Time
were their Governors; and from among a great many,
four Persons were chosen; Wisogast, Arbogast, Salogast,
and Windogast; who, during three Conventions
[tres mallos] carefully perusing all Causes
from their Original, gave their Judgment and Decree
of every one of them in this Manner, &c.—”
Sigebertus in Chron. anni 422. & Otto Frising,
lib. 4. cap. penult. make use of almost the same Words.
“From that time (say they) the Laws recommended
to them by Wisigastaldus and Salogastus,
began to be in Force. By this Salogastus,
they tell us, that Law was invented, which from his