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"Now that is certainly a lie, for it runs counter to our Salic law, and so is not legal and cannot have effect," said Edmond Aubrey, called the Paladin, because of the armies he was always going to eat up some day.
"The accession of Philippe de Valois, to the prejudice of Edward of England." "What was the date of that accession?" "1328," said the cardinal. "That is to say, 341 years after the usurpation of Hugh Capet, 240 years after the extinction of the race of Lothaire. Then, for 240 years your ancestors had already had a right to the throne before the Salic law was invented.
The Salic law was simply a pleasantry, a bit of foolish pedantry, an absurdity. If Clara Isabella, as daughter of Isabella of France, as grandchild of Henry II., were not manifestly the owner of France queen-proprietary, as the Spanish doctors called it then there was no such thing, so he thought, as inheritance of castle, farm-house, or hovel no such thing as property anywhere in the world.
At no time, then, in its history, has the Salic Law been in use in Spain: the irregular act of a despotic King was repudiated both by his grandson and his great-grandson.
Another fact which has held an important place in the history of France, and exercised a great influence over her destinies, likewise dates from this period; and that is the exclusion of women from the succession to the throne, by virtue of an article, ill understood, of the Salic law.
A Salic law, so called from the place whence the Franks had come, was supposed to exist; but this had never been used by their subjects, whose law remained that of the old Roman Empire. Both of these systems of law, however, fell into disuse, and were replaced by rude bodies of "customs," which gradually grew up. The habits of the time were exceedingly rude and ferocious.
The Salic law would be unnecessary; it would be a superfluous truism. The European lady, strictly speaking, is a creature who should not exist at all; but there ought to be housekeepers, and young girls who hope to become such; and they should be brought up not to be arrogant, but to be domesticated and submissive.
Immediately after he summoned us all, the Bishop of Meaux, the chancellor M. Honorat, Dame Peronete the midwife, and myself, and said to us in presence of the queen, so that she could hear, that we would answer to him with our heads if we made known the birth of a second dauphin; that it was his will that the fact should remain a state secret, to prevent the misfortunes which would else happen, the Salic Law not having declared to whom the inheritance of the kingdom should come in case two eldest sons were born to any of the kings.
Edward III ingeniously maintained that though the Salic Law prevented his mother from filling the throne, it did not destroy the rights of her male descendants, and he early entertained the project of enforcing this contention; but it was not until 1337 that he felt able to assert formally his claim to the French crown and to assume the title of king of France.
In very deed, once, in the year a thousand four hundred fourscore and ninth, having a business concerning the portion and inheritance of a younger brother depending in the court and chamber of the four high treasurers of France, whereinto as soon as ever I got leave to enter by a pecuniary permission of the usher thereof, as your other worships know very well, that Pecuniae obediunt omnia, and there says Baldus, in l. singularia. ff. si cert. pet. et Salic. in l. receptitia.
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