The history of the government of France, under the administration of the great Armand du Plessis, Cardinall and Duke of Richlieu, and chief minister of state in that kingdome wherein occur many important negotiations relating to most part of Christendome in his time : with politique observations upon the chapters
Vialart, Charles, d. 1644., J. D.

Politique Observation.

THe substitution of Soveraignties made in favour of men, seemeth to be so much the more lawfull, in regard it is conformable to the Order of Gods Providence, who hath created women onely to obey; who knoweth not that Moses the Law-giver of Gods people, whose Councels were inspired by the holy Ghost, hath not permitted the daughters to accept of the Succession, but in default of sons. And doth not Plato in the second book of his Laws say, that it is reasonable that they should fall to the nearest of kin, still observing this Order, The Male should be preferred before the Female, and that at least the Testator should chuse one of the Males for his next heir? Soln one of the wisest Law-givers of Antiquity, made a Law to establish this rule in his Commonwealth, as Demosthenes testifies in his Oration against Leocrates: And the Law of the Athenians gave not any right of succession to the daughters, if the sons should present themselves to accept of it, as it may be seen in the Book of Theodosian. Euripides giveth a good reason of it in his Iphigenia, when he saith, the Male children are the Pillars of houses; that to them it belongeth to take up Arms for the good of the People, that the Sacri∣fices are made in their names, that it belongeth to them, to transact Publick affairs, and the daughters instead of preserving those Families into which they are born, do weaken them by dividing the inheritances of them, and carrying them into other Page  108places. And if this priviledge of Males hath been judged heretofore reasonable amongst private families, it is incomparably much more in Soveraignties, where the daughters have been alwaies esteemed uncapable by the most discreet. It is true that Liege Lords, being onely to gather the profits of their possessions are bound for the making of these substitutions valuable to procure the consents of their Estates in whom the proptiety remains: But an absolute Soveraign ought not to make any difficulty at all of it, because it is very advantagious for them; especi∣ally if it be done in the favour of those whose greatnesse is not to be suspected. This will be a means to preserve the Estate that belongs to him in the hands of a small Prince, whose power he will never have any reason to fear, which is no small ad∣vantage to him, whereas letting it fall into the hands of daughters who may marry with Potent Princes, they may become their Masters, and may not onely not ren∣der that service which is due by Liege men; but on the contrary, may bring such troubles to them, as may oblige them still to attend them as enemies, who may make a War upon him: It seemeth likewise to be without any ground, that he should pretend a power to hinder them, seeing his right extend onely to the investiture, to the Homage, to the Tribute, to the Service of War, and fidelity, in which he can∣not be damaged if they are preserved to him. Of what importance is it then, whe∣ther it be a son or a daughter, which payeth him his Homage Tribute, and other du∣ties as a token of submission. In that case it ought to be indifferent, for it hath onely relation to the Liege Prince, whence it comes that every one being in a ca∣pacity to dispose his rights, as shal best please himself, especially when no one is preju∣diced by it, there can be no impediment for the substituting his estate in the favour of the Males. Provided he alwaies oblige them to pay that that is due to their chief Lord without great reason no alterations ought to be made, in fundamental Customes of Countries; and as it seems not to be allowable in France to abrogate the Salique Law, which excludeth the daughters from the Crown; so it is very doubtfull whe∣ther it be in the Power of the States themselves of some Countries, to change such Customes as have been received there time out of mind for the successions of Soveraigns.