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 terrâ Salicâ 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, Arrest. lib. 4. cap. 1. So that now the mistake has prevailed so far, as to have obtain'd the Force of a Law. To explain this, it must be remembred (which we formerly gave an Account of) that the Franks had two Seats of their Empire, and two Kingdoms; One in France, which remains to this Day; The other beyond the Rhine, near the River Sala; from whence they were called Salii, and Salici Franci (joyning the two Names together) but for the most part briefly Salici; the Kingdom of these last, and even their very Name is in a Manner extinct. Ammianus Marcellinus makes mention in his History (as we told you before) of these Salii, and shews, that they are called the Eastern Franks, as the others were called the Western. Now as there were two Kingdoms of the Franks, so they had different Laws: those that belonged to the Salii, were called Salick; those that belonged to the Francogalli, were called French. Eguinarthus in his Life of 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, à 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 terræ; [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 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.
It will not be amiss in this Place to give some Account of a Custom of our Ancestors, relating to the Hair worn by the Royal Family: For 'tis recorded, that our Forefathers had a particular Law concerning it; viz. That such as were chosen Kings by the People, or were of the Regal Family, shou'd preserve their Hair, and wear it parted from the Forehead, on both Sides the Head, and anointed with sweet Oyl, as an Ornament and peculiar Mark of their being of the Royal Family; whilst all other Persons, how nobly born soever, had no right to wear a large Head of Hair; but were obliged to go with their Heads shorn or shaved, upon the Account (as 'tis probable) that they shou'd be more ready and expedite in their continual military Exercises, as the Roman Histories tell us of Julius Cæsar, and several others. Aimoinus lib. 1 cap. 4. says—"The Franks chusing for themselves a King, according to the Custom of other Nations, raised, Pharamond to the Throne, to whom succeeded his Son Clodio crinitus; For at that Time the Kings of the Franks wore large Heads of Hair. Also lib. 3. cap. 61. Gundoaldus being brought up by his Mother after the regal Manner, wore a long Head of Hair, according to the Custom of the ancient Kings of the Franks." In like Manner Agathius, lib. de Bell. Goth. I. where he speaks of Clodoveus, one of our Kings, who was taken in Battel by the the Burgundians, (he calls him Clodamirus). "As soon (says he) as his Horse had thrown him, the Burgundians espying his large Head of Hair, which fell back over his Shoulders, presently knew him to be the Enemy's General; for 'tis not lawful for the Kings of the Franks to cut off their Hair, but even from their Childhood they remain untrimm'd, and always keep a large Head of Hair hanging low down upon their Backs." And we have many Instances that it was our Ancestors Custom, whenever they either deprived any one of the Crown, or took away all Hopes of obtaining the Kingdom, to cut off his Head of Hair. Aimoinus in the same Place—"He earnestly beholding him, commanded his Hair to be cut off, denying him to be his Son.—Also—Having caused his Hair to be cut off a second Time, he put him in Prison at Cologne; from whence making his Escape, he fled to Narses, and suffer'd his Hair to grow again, &c." Which Story Gregory of Tours, lib. 6. cap. 24. likewise records. Also cap. 44. where he speaks of King Theodorick.—"The Franks (says he) rose up in Arms against him, and cast him out of the Kingdom, and cut off his Head of Hair by Force." But there is a very remarkable, or rather horrible Story related by Gregory of Tours, concerning Crotilda, the Queen Mother; who chose rather to have the Heads of her two Grandsons cut off than their Hair. 'Tis in his 3d Book, cap. 18.—"Our Mother (says the King to his Brother) has kept our Brother's Sons with her, and intends to advance them to the Throne; we must concert what Measures ought to be taken in this Affair; whether we shall order their Hair to be cut off, and to reduce them to the State of common Subjects; or whether we shall cause them to be put to Death, and afterwards divide the Kingdom between us: Then they sent Archadius with a Pair of Scissars in one Hand, and a naked Sword in t'other to the Queen; who approaching her, showed them both to her, and said, Your Sons, most Glorious Queen, have sent me to know your Pleasure, what Destiny you are pleased to allot to these two Youths; whether by suffering their Hair to be cut off, you will have them to live; or whether you had rather have both their Throats cut. Whereupon She chose rather to see them both kill'd, than to have their Hair cut off." I further observe, that it was the Fashion when our Kings went to single Combat, to have their long Hair tied up in a large Knot a-top of their Helmets like a Crest; and that was their Cognizance or Mark in all their Fights. Therefore Aimoinus, lib. 4. cap. 18. where he speaks of the dreadful Combat between King Dagobert and Bertoaldus, Duke of the Saxons: "The King (says he) having his Hair, together with a Part of his Helmet, cut off with a Blow of a Sword on his Head, sent them by his Esquire to his Father, desiring him to hasten to his Assistance."
Now when I consider what might be the Reasons of this Institution, I can find none but this. That since it had been the ancient Custom of the Gauls and Franks to wear their Hair long (as it was also of the Sicambri, and of most others in those Parts) our Ancestors thought fit to continue, and in Process of Time to appropriate this Ornament, and Mark of Distinction to the Regal Family. No Person, tho' but indifferently learn'd, needs any Proof that the Gauls wore their Hair long, especially when he calls to mind that of the Poet Claudian, ex lib. in Ruffin. 2.
Inde truces flavo comitantur vertice Galli
Quos Rhodanus velox, Araris quos tardior ambit,
Et quos nascentes explorat gurgite Rhenus.