Franco-Gallia eBook

François Hotman
This eBook from the Gutenberg Project consists of approximately 187 pages of information about Franco-Gallia.

Franco-Gallia eBook

François Hotman
This eBook from the Gutenberg Project consists of approximately 187 pages of information about Franco-Gallia.
Name is to this Day called the Salick Law; and the most noble of the Franks, called Salici, observe it at this time.”—­Thus say the old Chronographers.  By which we may refute the Error of such as derive the Salick Law, a Sale, that is, Prudence; or what is called corruptly Lex Salica, instead of Gallica; than which nothing can be more absurd.  But much greater Errors spring from the same Fountain:  First, That People are so far imposed upon by those Authors, as to believe the Salick Law had reference to the Publick Right of the Commonwealth and the Government, also to the Hereditary Succession of the Kingdom.  Now the very Records or Tables of this Salick Law were not many Years ago found and brought to Light; from whose Inscription it appears, that they were first written and publish’d about Pharamond’s time:  Besides, that all the Heads and Articles, both of the Salick and French Laws, were Constitutions relating only to private Right between Man and Man, and meddled not with the Publick Right of the Kingdom or Commonwealth:  among the rest, one Chapter, tit. 62. has this in it.—­“Of the Salick Land, no Part or Portion of Inheritance passes to a Female; but this falls to the Male Off-spring; that is, the Sons shall succeed to the Inheritance:  But where a Dispute shall arise (after a long Course of Time) among the Grandsons and great Grandsons, de alode terrae; [Footnote:  Allodium is the contrary to Feudum, Gothick words, for which ’tis difficult to find proper English.] let it be divided, Non per stirpes sed per capita." The like Law, Extat apud Ripuarios, tit. 58. Item apud Anglos, tit. 7.  Where they are so far from enacting any thing relating to the Inheritances of Kingdoms, that they do not so much as affect Feudal Successions, but only belong to Allodial; altho’ a Portion was assigned to Women out of those Allodial Lands.  Which Way soever this Matter may be, ‘tis manifest in the first Place, that altho’ no Article, either of the Frank or Salick Law were extant, which debars Women from the Inheritance of the Crown; yet the Customs and Institutions of a Nation, preserv’d inviolate by universal Consent, during so many Ages, obtain the Force of a written Law:  For tho’ Childeric, the Third King, left two Daughters behind him at his Death, the Kingdom was given to his Brother Lotharius, and his Daughters excluded.  Again, after the Death of Cherebert the 5th King, who left three Daughters; the Succession devolv’d upon his Brother Sigebert.  Also when Gontrannus King of Burgundy and Orleans died, the Kingdom was conferr’d on his Brother Sigebert, not on his Daughter Clotilda.  Lastly, Philip of Valois’s Advocates might with greater Caution, as well as Efficacy,
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Franco-Gallia from Project Gutenberg. Public domain.