as
a complete answer to Edward's claim from the juridical point of view.
But the famous Salic law was a figment, forged by the next generation of
lawyers who were eager to give a complete refutation of the elaborate
legal pleadings of the partisans of the English claim. No authentic
Salic law dealt with the question of the succession to the throne,[1]
and the bold step of transferring a doctrine of private inheritance to
the domain of public law was one of the characteristic feats of the
medieval jurist, anxious to heap up at any risk a mass of arguments that
might overwhelm his antagonists' case. The barons of 1328 rose superior
to legal subtleties. To them the question at issue was the preservation
of the national identity of their country. The vital thing for them was
to secure the throne of France, both at the moment and at future times,
for a Frenchman. Any admission, however guarded, of the right of women
to transmit claims to their sons opened out a vista of the foreign
offspring of French princesses, married abroad, ruling France as
strangers, and it might be as enemies. They chose Philip of Valois
because he was a Frenchman born and bred, and because he had no
interests or possessions outside the French realm. They could not endure
the idea of being ruled by the English king. He was not only a stranger,
but the hereditary enemy. The Capetian monarchy must at all costs be
kept French.
[1] Viollet, _op. cit._, pp. 55-57; _cf_. Desprez, _Les
Preliminaires de la Giurre de Cent Am_, p. 32.
Isabella did what she could on her son's behalf. She excited the
_noblesse_ of Aquitaine to support Edward's claim; but the lords of the
south paid no heed to her exhortations. She was more successful with the
Flemings, then in revolt against their Count, Louis of Nevers. Twelve
notables of Bruges, headed by the burgomaster, William de Deken, visited
England and offered to recognise Edward as King of France if he would
support the Flemish democracy against their feudal lord.[1] But Philip
VI.'s first act was to unite with the Count of Flanders, and the fatal
day of Cassel laid low the fortunes of Bruges and restored the fugitive
Louis to power. Isabella was forced to resign herself to simple
protests.
[1] See Pirenne, _La premiere Tentative pour reconnaitre
Edouard I. comme Roi de France in Ann. de la Soc. d'Hist. de
Gand_, 1902.
The inevitable demand from Philip VI. for Edward's homage for Guienne
an
|