tain: 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, have argued for him out of the _Feudal_
Law, by which all Inheritances of _Fiefs_