The president Hénault repeats, in his "Chronicle," what had been stated
at random before him, that Clovis digested the Salic law in 511, the
very year in which he died. I am very well disposed to believe that he
actually did digest this law, and that he knew how to read and write,
just as I am to believe that he was only fifteen years old when he
undertook the conquest of the Gauls; but I do sincerely wish that any
one would show me in the library of St.-Germain-des-Prés, or of St.
Martin, the original document of the Salic law actually signed Clovis,
or Clodovic, or Hildovic; from that we should at least learn his real
name, which nobody at present knows.
We have two editions of this Salic law; one by a person by the name of
Herold, the other by Francis Pithou; and these are different, which is
by no means a favorable presumption. When the text of a law is given
differently in two documents, it is not only evident that one of the two
is false, but it is highly probable that they are both so. No custom or
usage of the Franks was written in our early times, and it would be
excessively strange that the law of the Salii should have been so. This
law, moreover, is in Latin, and it does not seem at all probable that,
in the swamps between Suabia and Batavia, Clovis, or his predecessors,
should speak Latin.
It is supposed that this law has reference to the kings of France; and
yet all the learned are agreed that the Sicambri, the Franks, and the
Salii, had no kings, nor indeed any hereditary chiefs.
The title of the Salic law begins with these words: "_In Christi
nomine_"--"In the name of Christ." It was therefore made out of the
Salic territory, as Christ was no more known by these barbarians than by
the rest of Germany and all the countries of the North.
This law is stated to have been drawn up by four distinguished lawyers
of the Frank nation; these, in Herold's edition, are called Vuisogast,
Arogast, Salegast, and Vuindogast. In Pithou's edition, the names are
somewhat different. It has been unluckily discovered that these names
are the old names, somewhat disguised, of certain cantons of Germany.
In whatever period this law was framed in bad Latin, we find, in the
article relating to allodial or freehold lands, "that no part of Salic
land can be inherited by women." It is clear that this pretended law was
by no means followed. In the first place, it appears from the formulæ of
Marculphus that a father might leave his allodial land to his daughter,
renouncing "a certain Salic law which is impious and abominable."
Secondly, if this law be applied to fiefs, it is evident that the
English kings, who were not of the Norman race, obtained all their great
fiefs in France only through daughters.
Public-domain text, read in full here on John Shaqi.
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