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Updated: June 13, 2025
If this contention, which is held by all English jurists, and by many in France also, be well founded, Edward is the rightful King of France. Phillip of Valois contends that the 'Salic law' not only bars a female from ascending the throne, but also destroys all her rights, and that the succession goes not to her sons but to the next heir male; in which case, of course, Phillip is rightful king.
This law had probably never been legally enacted for the Duchies; in Schleswig and Holstein the old Salic law prevailed. In the ordinary course of things, on the death of Frederick VII., who had succeeded in 1847, the long connection between Holstein and Denmark would cease. Would, however, Schleswig go with Holstein or with Denmark?
Christina used her influence with her husband to persuade him to disinherit his brother. By the Salic law females were excluded from inheriting the throne of France.
And to this day the reason offered by the Roman jurists for an exceptional rule is made to justify this universal and unlimited responsibility. /1/ So much for one of the parents of our common law. Now let us turn for a moment to the Teutonic side. The Salic Law embodies usages which in all probability are of too early a date to have been influenced either by Rome or the Old Testament.
Young Philip V., acting under French influences in this affair, as he did continually in all his various undertakings, had induced the Cortes to introduce the French Salic principle; and for the greater part of the century this law was allowed to stand, although nothing happened to test it severely.
Napoleon was showing his banded foes a good double front in Germany and Spain. His dethronement and the restoration of the Bourbons were not as yet contemplated. The Spanish succession was whittled down to a girl that is, by Salic law, to nothing at all. The Hanoverian was in a similar condition, or worse, none of the old sons of the crazy old king having any legitimate children.
By the same Salic law injury to a pregnant woman resulting in her death merited a fine of seven hundred solidi; but two hundred was deemed sufficient for murder of one after her time for bearing children had passed. Similarly, for killing a free woman after she had begun to have children the transgressor paid six hundred solidi; but for murdering an unmarried freeborn girl only two hundred.
I think, then, that the brother is the only one who will benefit by this unfortunate complication. The Salic law should be enforced throughout the whole world. When we have to deal with women, only the good God knows what's going to happen. I am afraid the girl above told the truth."
Et tunc ille, qui viduam accipere vult, cum tribus testibus qui adprobare debent, tres solidos aeque pensantes, et denarium habere debet, etc. Leges Liutprandi, ii, 1. Lex Wisigothorum, iii, 1, 2 and 3, and iii, 6, 3. E.g., 62 solidi by the Salic law, Tit., 70. See also Lex Baiuvariorum, Tit., vii, 15 and 16 and 17. Lex Alemannorum, 52, i; 53; 54.
Catholic France was excited to such popular fury against him that he threw himself into the arms of the Protestants, imploring their aid in keeping his crown and his kingdom; and when himself assassinated, a year later, the Valois line had become extinct. By the Salic Law, Henry of Navarre was King of France. The Bourbon branch had left the parent stem as long ago as the reign of Louis the Saint.
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