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 undertook no
affairs either of a public or private nature unarmed."
[38]
They gave their vote by the sound of their arms.
[39]
As soon as they could carry
them, they were presented to the assembly;
[40]
they put a javelin into
their hands;
[41]
and from that moment they were out of their minority:
they had been a part of the family, now they became a part of the
republic.
[42]
"The eagles," said the king of the Ostrogoths,
[43]
"cease to feed
their young ones as soon as their wings and talons are formed; the
latter have no need of 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 fifteen years old when Gontram, his uncle,
declared that he was of age, and capable of governing by himself.
[44]
We find in the Ripuarian laws that the age of fifteen, the ability of
bearing arms, and majority, went together. It is there said
[45]
"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. Among the Burgundians,
[46]
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 fiefs,
[47]
and were consequently obliged to do military service,
were not then of age till they were twenty-one years old.
[48]
