The Spirit of the Laws :: :: University of Virginia Library

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]

Footnotes

[38]

"Nihil neque publicæ neque privatæ rei nisi armati agunt." — Ibid., 13.

[39]

"Si displicuit sententia, fremitu aspernantur; sin placuit, frameas concutiunt." -- Ibid., 11.

[40]

"Sed arma sumere non ante cuiquam moris, quam civitas suffecturum probaverit." -- Ibid., 13.

[41]

"Tum in ipso concilia vel principum aliquis, vel pater, vel propinquus, scuto, frameaque juvenem ornant."

[42]

"Hæc apud illos toga, hic primus juventæ honos; ante hoc domni pars videntur, mox reipublicæ."

[43]

Theodoric in "Cassiodorus," lib. i, ep. 38.

[44]

"He was scarcely five years old," says Gregory of Tours, lib. v, cap. 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.

[45]

Tit. 81.

[46]

Tit. 87.

[47]

There was no change in the time with regard to the common people.

[48]

St. Louis was not of age till twenty-one; this was altered by an edict of Charles V in the year 1374.