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12 The History of the last Sefion of Parliament. · Jan.
Rutive power, and contrive to get THE ORIGIN OF THE SALIC LAW.
themselves on many occasions admitied
into the grand allembly of the king. From the History of France, now tran-

fiating by Dr. Nugent.
Every true friend to the independente Mramond the famous regulation;

OST historians ascribe to Pha. dency of parliaments must therefore with that the severity of our laws which goes by the name of the Salic against bribery was 'encreased, and law, either from the firname of that that the fashionable mode of trans- prince by whom it was promulged, or ferring qualifications to needy adven- from the name of Salogast who proturers, who aim at becoming onr re- pored it, or from the word Salichame, presentatives merely to make a liveli. for fo the place was called, where the hood of their country was not only ren- chief men of the nation afiembled in dered dangerous, but branded with order to digest it. Others will have it, fome ftigma that would turn the very that it was so named from its being pride of our great people into a nega- made with reference to the Salic lands. tive patriotisın at least, and keep them There were noble fiers, which the first through actual mame from Sporting kings of France bestowed upon the with the happiness of the kingdom.-- Salians; that is to say, the grandees The practice of transferring parlia. of their couri, upon condition of their mentary qualifications, that is, of lend. doing military service, and no other. ing a man without a shilling so much for this reason it was ordained, that property as entities him to sit in the they thould not devolve upon females, House of Commons, after his election whom the tenderness of their sex exfor any particular Mire, city or bo- empts from bearing arms.

Some aurough, is in reality rather more alarm- thors maintain, that this word is deing to the constitution, than even bri- rived from the Salians, a people of bery, because it is possible for a man France, who settled in Gaul in the of great opulence to be ambitious of reign of the emperor Julian. It is said, honour, and such a man may be will. that this prince assigned them lands, ing to open his purse, for the dignity upon condition of serving him in perof fitting in our lenate, though he is son in his wars : He even establiched zealously determined at all times to act it as a law, which the new conquerors as becomes an upright representative. adopted, and called the Salic law, Pride also in case of an opposition may from the name of their ancient coun, lead him to tamper with his consti

trymen. tuents; but the case is totally different It is an opinion generally received, with the man who borrows a qualifi. that this law relates only to the success cation; he can have no bufiness in fion to the crown, or to the Salic the house but to obtain a provision for lands. This is a double error. This himself; he can have no defigu but to law was neither instituted for the premake such a display of his talents, as fervation of the kingdom, nor merely will engage the attention of a minifter; to ascertain the right of individuals and he can have no with but to dispose to the noble fiefs above-mentioned. of those talents at a valuable price: It ordains punishments for robbery, Wholly without property, what is it incendiaries, witchcraft and violence : to him if his country is loaded with It lays down rules of police with re. opprestions? What is it to him if its gard to the morals, the government; interests are sacrificed to foreign foes the forms of proceeding in law.luits; or to domestic enemies ?---he has no. and, in fine, for the support of peace thing to lose--and may probably be and concord between the several mema gamer by the distresles of his fellow bers of the state. It consists of seventy subjects--. Por these reasons fome law

two articles, of which but one relates is immediately neceffary to restrain to successions. The purport of it is the practice of furnihing indigent this : “ In Salic land, no part of the candidates with qualifications, suce, if inheritance is to descend to females ; it mould encrease, there is much more it belongs entirely to the heirs male." to be apprehended from this evil than What is left us of this law appears from absolute bribery and corruption, to be only an extract from a larger (To by continued in our next.] code. The proof of this is, that the

Salic

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1969.
"Origin of the Salic Law,

13 Silic law itself is there cited, together unanimous consent decreed him the with certain forms which are not to crown, at the same time excluding the be found in what remains of that fa. princess : So general was the persuamous ordinance, The celebrated fion, that there exifted, if not a law, commentator Ducange fays, that at least a custom, which, acquiring there were two sorts of Salic laws: force by prescription time out of mind, One in force when the French were excluded women from the throne of fill pagans ; namely, that which was France ; a custom, whose origin is digested by the four chiefs of the confounded with that of the monarnation, Wirogaft, Bologaft, Salogast chy; a custom which Agathias calls and Widogait : And another correct. the law of the country, which had the ed by the christian kings; I mean that force of a law from the most remote which was published by Du Tiller, antiquity, since Clovis the first fucPithou, Lintembrock, and the fac ceeded alone to his father Childeric, in mous advocate-general Jerome Big. prejudice of his two sisters, Alboflede non, who has wrote very elaborate and Lantilde. In the reign of Philip commentaries upon it. 'A learned of Valois, there rose a new content modern observes, that we cannot but upon the same subject : The decision ascribe the digesting of this code to was likewise the same. The right of Clovis the Great. On the one hand, Edward the Third, king of England did it is impossible it should be posterior not appear to be better founded than to that prince, because Childebert his that of the princess, Joan, daughter son reformed' some articles in it; on of France. The count was generally the other, the chapter which treats of acknowledged to be the lawful fuc. the immunities of churches, and the cellor of Charles the Fair. It was at preservation of their ministers, sup- the time declared, that the article poses the converfion of the first chris. which regulated the right of indivi. tian king. This last code, adds he, duals to the Salic lands, held equally is nothing else but a compilation of the with regard to the succession to the regulations, which should be observed crown, 10 that it became one of the by the French, settled between the fundamental laws of the conftitution. Carbonarian forest and the river Loire; to diftinguish it from the Ripuarian The Ariel Regularity of the French law, which was given to those who in- Laws in the early Periods of that Mo. babited the banks of the Rhine, the narchy.

author confidently asserts, though it act than that of the French; by does not appear upon what founda. it is every thing predetermined, notion, that the fixty second chapter of thing is left to the discretion of the the Salic code has not even an indi. judge. It prescribes the punishment rect reference to the succeflion to the of every crime, it fixes the sum to be kingdom; and that it is nothing else paid for every theft, and scrupulously but an invention of Philip the Tall, appreciates the reparation for all sorts to exclude from the throne Joan of of injuries, indecent behaviour and ill France, daughter of Lewis Hutin. He usage. To strip a man asleep or a doubtless did not take it into confide.' dead nian; and to mount without the ration, that as it was a rule with re- master's leave a horse, which a pergard to the estates of the nobility, that son meets accidentally, are so many they should not devolve “ from the crimes, that it punishes by fevere fines. lacce to the diftaff;" to use an expres- Whoever presumed to squeeze the fion consecrated by its antiquity, we hand of a free woman, was condemnhave fill stronger reason to conclude, ed in a fine of fifteen golden sols ; that this maxim should hold with re- to a fine of twice that sum, if he gard to the crown, which is the no-' took her by the arm; to a fine of bleft of poffeffions, and the source that four times the sum, if he touched her dignifies all the rest. The right of breast. We cannot but admire and Philip having therefore been accurately praise the wisdom of these regulations. discussed in a general allembly of the The French were accustomed to carry grandees of the kingdora, they with their wives with them, when they

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went

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14
STRICT.REGULARITY

Jan. went upon an expedition. It was there marriage was declared unlawful. This fore of the uunoit importance to secure Species of purchase gave to great a power them from all iníuhs.

to the authand, that if he happened to Neither the time wildom nor the squander the portion or inheritances that same equity seems to be discoverable, fell to his wife, she had no right to de. in what ir ordains concerning homicide. mand restitution. It may perhaps seem In that cale it allows the effencing party surprising that the law should exact more to compromise the inalter ; it does not for a widow than a maid. The reason even stop here, it fixes a price upon the is obvious; a maid did not change her life of every individual. The sum is condition by marrying ; Me passed from determined by the circumstances of the the care of her relations under that of action and the condition or quality of her husband: A widow, ou the other the person that commits it. In this re- hand, had recovered her liberty; this. fpect the law enters in:o a detail almost circumstance enhance the value of it. infinite. If the murderer was insolvent, A girl that let herself be run away with, it obliges his rela:ions to make satis- was condemned to Navery: A freeinan faction for him; if they are not in cire that married a llave, became himself a cumstances to do this, the law declares lave. the murderer llave to the family of the The order of successions was regu. deceased. This juriip: udence feems less lated with the same exactness. The to punish the crime than authorise it. children of the deceased were the sole It appears in some measure to have the heirs of all he poffeffed ; if he had no public good in view. It preserves a sub. children his brothers and sisters inheritject to the state: It secures to the rela. ed; after them the filters of his father tions of the deceased a llave or an ad- and mother, and finally the nighest vantageous composition : In fine, it lays beiron the father's side. Acoprion was every citizen under a necelüty of watch allowed; it gave all the rights of a law. ing over all those that are connected ful son, and was made in the king's with him by the ties of blood, by ren- prelence, who gave orders to have letdering him in some measure responsible ters patent drawn up. Eltates were dirfor their good or ill conduct. The tinguished into three foris ; property percitizen might however get bimself dif- fonal, which was at the free disposal of pensed with from being considered as a the owner ; benefices, which were held rela'ion by a declaration in court; but of the prince or the church, upon con dj. he who made it, lost his right of inhe. tion of paying certain duties; and Salic si'ance, and it liis relation happened to be lands, that were possessed upon condikilled, his luccession; or ar least what the tion of doing miliary service. Women aflasin was obliged to pay, was confil. inherited only such as were property gated.

personal; benefices resurned to the king In the same law we meet with admi. upon the death of the poffeffor ; Salic rable regulations with regard to the lands belonged only to the issue male. honour of marriages, and ihe repose of It is worth observation that the kings families. The childien could not marry of the Franks upon entering Gaul leto without the content of their facher and the old inhabitants (wo thirds of their mother. The future spouse was obliged lands, at the same time subjecting them to offer a fun to the relations of the girl, to the payment of wibute. The residue The law did not de:emine how much it was divided amongst the victorious was to be; it was a golden Tol and a troops. The portion of the soldier de. dernier, if we may believe Freçlegaire pended upon that of the officer ; the latand Marculf. If the woman ihat was ter poflefied only with a certain subors going to be married was a widow, three dination to one greater than himlelf, who golden fols and a dernier were of. enjoyed it only under the authority of fered in court, which the judges diftri. the king: Thus all poffeflions were held: buted to fuch of the relations of the de. of the monarch. cealed husband as inherited nothing from him. But it was required that this offer Modes of supporting the Innocence of Persons fhould be made at a folemn audience, accused of Crimes in the Ninth Century. where a buckler had been ereeted, and

innocence in

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17692
Of the early French Laws,

15 to touch & xed-hot iron, which was worthy of notice; that others relate heated more or less according to the vio- these fasts not as certain, but as a history leece of the presumptions. It received of the vulgar persuasion: Finally, that the benediction, and was preserved with in the very ages in which this supersticare in certain churches : For all were tion was consecrated by the laws, it met not possessed of this privilege, as useful with opposers, who positively refused to as honourable. This iron was a gantlet, fubmit to it. Allthis furnishes so many into which the person accused thruit his prejudices against these ridiculous praca hand; or a bar, which he was obliged tices, which the second council of 'Aixto raise two or three times. This hand la-Chapelle conliders as artifices calcuwas afterwards wrapped up in a fack, lated to evince truth and falfhood. to which both the judge and party put “ George Logorhere fpeaks of a man, their seals, which they took off three who in the thirteenth century refused to days after : If he did not appear to be submit to the proof by fire, alledging scorched, he was cleared ; if any traces for a reason, that he was not a moulie of the fire were discoverable, he was tebank. Tlie archbishop pressing him considered as guilty. Such was the upon the occasion, he declared that he proof which nobles, priests, and other was willing to receive the red-hot iron, free perfons, were obliged to undergo. provided it was from the prelate's Thai of the lower class of people was by own hand. The latter, too pradent to boiling water, in which they plunged accept the condition, acknowledged their hands; or by cold water ; fore that it was wrong to tempt God.” prayers were read over the patient, his The good archbishop, without doubt, feet and hands were tied, and he was had not much faith in mei acles, aná afterwards thrown into the water. If the diocesan did not think he had either he lwam upon the surface, he was treate credit or skill to forge one. It is well ed as a criminal; if he sunk into the known that there are drugs that prevent waler, his innocence was acknowledged, the action of fire; nothing is commoner People in that age had a persuasion, in our days. It is like wise evident, that that God would rather have worked a the iron was heated more or lel's heavy. Diracle, than have suffered innocence to Way not attention likewise paid to the be oppressed: A superstitious and ridi. quality, the power, and the generosity culous prepoffeffion, but so strong, that of the accused ? Might not luficient it was one of the chief obstacles to the time be employed in prayer, (prikling abolicion of such absurd customs. They wih holy water, to let the iron cool in were not abolished till the thirteenth such a manner, as that it inight be century, and that was by a solemn decree touched with impunity?

There are of the council of Lateran, held under many ways of impofing upon a atupid the pontificate of Innocent III.

populace, always eager ifter miracles. It will perhaps be asked, what judg. In the proofs with boiling water, might ment should be passed upon these proofs,. not a tub wi:h a double bittom be eatily and the pretended miracles which folo con:rived ? In that case the air being lowed them: Was all that has been re- heated, might by pipes, raise the waier lated upon these occasions supernatural scarce lukewarm, and make it appear in fact, or the work of artifice and igno- boiling water, in the eyes of an ignorant rance ? Historians are so generally agreed multitude, that always sees things as im. in relating these marvellous facts, that postors would have them. Wih regard it does not appear possible to deny them, to the proof by cold water, some cri. without overturning all the foundations mnals were londed with such a quantity of history. But can we give any credit of cords, that they were sufficient to to them, without at the same time in. make them swim upon the surface of the venting all the principles of reason? We water. This contrivance, to which refall answer this question, equally curi- course was always had when there were ous and important, from the Memoirs strong presumptions against the crimin of the Academy of Belles lettres. nal, favourcil the prejudice, and kept

It is observed in the first place, that up the superstition : Besides, there are the proofs were never folemnly approved many men who have the chest wide of by the church : That amongst the enough and the lungs light enoug'i 1:00 great number of those who relate these to fink, when the cord wit! which they pretended miracles, fome are but little are bound makes, with their buds, a

volume

16

Remedies for the Ascarides.

Jan. volume less heavy than an equal quán- fancy been troubled with ascarides, I tity of water.

desired to be informed by him, what It is farther to be observed, that the were the inconveniencies which they condemnation of many of the accused had occasioned, and what was the suclittle interested the public, which, al- cess of the remedies which he had ways hurried away by a love for the uled. There cannot be a more famarvellous, was highly delighted at vourable opportunity of learning the their being justified by a prodigy. nature and cure of a distemper, than Our ancient histories abound with ex- when we meet with a case where the amples of women accused of adultery, physician has been always present with who have only one man for their ad. the patient, and where he must be versary, and who find in all the others supposed to have paid due attention to either zealous defenders, or judges ex, every circumstance. tremely indulgent. There was always The account, which I received, was, a miracle ready forged upon these oc- that, according to his experience, the casions, and in all this there is nothing peculiar symptoms of this species of at all extraordinary.

worms, are a great uneasiness in the But it may be objected that all did rectum, and an almost intolerable itchnot undergo the proof with the same ing of the anus. Thele sensations most fuccess. The reason is obvious, all usually come on in an evening and did not take the same precautions, prevent feep for several hours. They or had not the same credit: Besides are attended with a heat which is some. the accusers often made too strict a scru. tiines fo considerable, as to produce a tiny to leave room for any fraud; the swelling in the rectum both internally person accused was then fure of burn: and externally; and, if these sympang, and the thing is quite natural. toms be not loon relieved, a tenesmus There occurs a remarkable example is brought on with a mucous dejection. of this in what happened at Constan. Sometimes there is a griping pain in tinople under Andronicus, son of Mi- the lower part of the abdomen, a litchael Paleologus : “ The clergy dif- tle above the os pubis. If this pain fered with regard to the election of the be very severe, there follows a bloody patriarch, and many other articles; mucus, in which there are often found both parties agreed to write their rea-' ascarides alive. They were sometimes fons upon sheets of paper ; that the two fuspected of occasioning disturbed neep, Theers should be afterwards thrown in

and some degree of head-ach. to the fire; and that which elcaped the

Purging and irritating clyfters were fames hould make the party to injected with very little success. whom it belonged carry its cause." The doctor particularizes several This was, without any fraud, carried medicines that were tried with little into execution by both parties, and succeis : observing that these worms the consequence was such as might na- appear to sublilt in a mucus, as tranf. turally be expected, both the theets parent as the white of an egg; by were immediately consumed.

which they are preferved unhurt, tho?

surrounded with many other liquors Observations on the Ascarides. By Dr. the immediate touch of would be fatal. William Heberden.

Alter which he remaiks, that the genesuch collections of medical pa- to have at all suffcred from the long pers, as the college now propoles to continuance of his disorder, nor the publish, is to preserve any materi. immediare inconveniencies of the dirals as they occur, which are true order itself to have increased. and usefui, towards better ascertaining

INS chapel, of a remedy, without waiting till we

in have time to draw up a perfect history. have given our readers the N. E. and It is ju chis light adds the Dr. that ļ S. W. views of the ruins of, formeriy would have the following particulars belonged to the knights of St. John of considered relating to the history and Jerusalem, and was built of fint. To cure of worms.

this day, people, out of fuperftition Knowing an experienced and intel- or frolick, are sometimes barried in ligent phyucian, who had from his in- thele ruins.

TO

and nature of a disease, or the powee Min Meritor elite, of which wę

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