CHAP. XXVI.: Of the Time when the Kings of the Franks became of Age.

BARBARIANS, who do not cultivate the earth, have, strictly speaking, no jurisdiction; and are, as we have already remembered, rather governed by the law of nations than by civil institutions. They are, therefore, always armed. Thus Tacitus tells us, “that the Germans Nihil, neque publicæ neque privatæ rei, nisi armati, agunt. De mor. Germ. ^†647 undertook no affairs, either of a public or private nature, unarmed.” They gave their Si displicuit sententia, fremitu aspernantur; sin placuit, frameas concutiunt. Ibid. ^†648 vote by the sound of their arms Sed arma sumere non ante cuiquam moris quam civitas suffecturum probaverit. ^†649. As soon as they could carry them, they were presented to the assembly; they put a javelin Tum in ipso concilio vel principum aliquis, vel pater, vel propinquus, scuto frameaque juvenem ornant. ^†650 into their hands, and from that moment they Hæc apud illos toga, hic primus juventutæ honos; ante hoc domûs pars videntur, mox reipublic’. ^†651 were out of their minority: they had been a part of the family, now they became a part of the republic.

“The eagles, said Theodoric, in Cassiod. lib. 1. ep. 38. ^†652 the king of the Ostrogoths, cease to feed their young ones as soon as their wings and talons are formed; the latter have no need of their assistance when they are able themselves to seize their prey: it would be a disgrace, if the young people in our armies were thought to be of an age unfit for managing their estates or regulating the conduct of their lives. It is virtue that constitutes full age among the Goths.”

Childebert II. was He was scarcely five years old, says Gregory of Tours, 1. 5. c. 1. when he succeeded to his father, in the year 575. Gontram declared him of age in the year 585; he was, therefore, at that time, no more than fifteen. ^†653 fifteen years old when Gontram, his uncle, declared that he was of age, and

capable of governing by himself. We find, in the Ripuarian laws, that the age of fifteen, the ability of bearing arms, and majority, went together. It is there said, Tit. 81. ^†654
“that, if a Ripuarian dies or is killed, and leaves a son behind him, that son can neither prosecute nor be prosecuted till he has completely attained the age of fifteen; and then he may either answer for himself or choose a champion.” It was necessary that his mind should be sufficiently formed to be able to defend himself in court, and that his body should have all the strength that was proper for his defence in single combat. Amongst the Burgundians Tit. 87. ^†655, who also made use of this combat in their judiciary proceedings, they were of age at fifteen.

Agathias tells us that the arms of the Franks were light: they might, therefore, be of age at fifteen. In succeeding times, the arms they made use of were heavy, and they were already greatly so in the time of Charlemagne, as appears by our capitularies and romances. Those who had There was no change in the time with regard to the common people. ^†656 fiefs, and were consequently obliged to do military service, were not then of age till they were twenty-one years old. St. Lewis was not of age till twenty-one; this was altered by an edict of Charles V. in the year 1374. ^†657