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,