stitution of our Ancestors
ought to be our Rule, the Determination of this whole Matter must be
left to the Publick General Council of the Nation:_ that according to
the Number of Children, some particular Lordships or Territories, may
_(by its Authority)_ be assigned for their Maintenance.

* * * * *

CHAP. VIII.

_Of the_ Salick Law, _and what Right_ Women _had in the
King's their Father's Inheritance_.

Because we have undertaken to give an Account of the _Law_ and _Right_
of _Regal Inheritance_, we must not omit making Mention of the _Salick
Law_; which is both daily discours'd of by our Countrymen, and in the
Memory of our Forefathers serv'd to appease a great and dangerous
Contention, which arose touching the Succession to the Crown. For when
(_Anno_ 1328.) _Charles the Fair_, Son of _Philip the Fair_, died,
leaving his Wife with Child of a Daughter, (which some Months after was
born) _Edward King of England_ (Son of _Isabella_, the Daughter of
_Philip the fair_, and Sister to _Charles_ lately dead) claimed the
Inheritance of his Grandfather's Kingdom as his Right. But _Philip of
Valois_, Cousin germain by the Father's Side to the deceased King,
standing up, alledged that there was an ancient Regal Law, called the
_Salick Law_, by which _all Women_ were excluded from the Inheritance of
the Crown. Now this Law both _Gaguinus_ and other Writers of like Stamp
tell us, was written by _Pharamond_; and he calls it a most famous Law,
even to his Time. For in his Life of _Philip of Valois_; "The _Salick_
Law (says he) was a Bar to _Edward_'s Title; which Law being first given
by _Pharamond_ to the _Franks_, has been religiously observed, even to
those Days. By that Law, only the Heirs Male of our Kings are capable of
governing the Kingdom, and no Females can be admitted to that Dignity.
The Words of that Law are these: _Nulla hereditatis portio de terra
Salica ad mulierem venito; Let no Part of the Inheritance of_ Salick
_Land come to a Woman_. Now (says _Gaguinus_) the _French_ Lawyers call
_Salick_ Land, such as belongs only to the King, and is different from
the _Alodial_ which concerns the Subjects; to whom, by that Law, is
granted a free Dominion of any thing, not excluding the Princely
Authority." And to the same Purpose, not only almost all the
_Francogallican Historians_, but even all the _Lawyers_ and
_Pettifoggers_ have wrote to this Day, as _Paponius_ testifies,