Franco-Gallia : $b or, an account of the ancient free state of France, and most other parts of Europe, before the loss of their libertiesHotman, François
History
Franco-Gallia : $b or, an account of the ancient free state of France, and most other parts of Europe, before the loss of their liberties
Hotman, François
Constitutional history -- France; France -- Politics and government
_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 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
Public-domain text, read in full here on John Shaqi.
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