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
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, have argued for him out of the _Feudal_
Law, by which all Inheritances of _Fiefs_ descend to the Male Issue
only, and not to the Female, who are not admitted to them. And when
there happens a Want of Heirs Males in that Line or Branch wherein the
Fief is lodged, then the _Feudum_ or _Fief_ returns back to the other
Stock or Branch: which was the very Case at that Time. But such Fiefs as
thro' a Depravation of the Law, are convey'd down to Women, cannot
properly be called _Feuda_, but _Feudastra_, as in other of our Writings
we have made it appear.
* * * * *
CHAP. IX.
_Of the Right of Wearing a large Head of Hair peculiar to
the Royal Family._
Public-domain text, read in full here on John Shaqi.
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