XVIII.

together. It is there faid ()" that if a Ripua- Book "rian dies, or is killed, and leaves a fon behind Chap. 27. shim, that fon can neither profecute, nor be (v) Tit.81. profecuted, till he has completely attained the

age of fifteen; and then he may either answer "for himself, or chufe a champion." It was neceffary that his mind fhould be fufficiently formed to be able to defend himself in court; and that his body fhould have all the ftrength that was proper for his defence in fingle combat. Amongst the Burgundians (2), who alfo made ufe (2) Tit.87, 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 fucceeding times the arms they made use of were heavy, and they were already greatly fo in the time of Charlemain, as appears by our capitularies and romances. Those who had * fiefs, and were confequently obliged to do military fervice, were not then of age, till they were twenty one years old +.

WE

CHA P. XXVII.
The fame Subject continued.

E have feen that the Germans did not ap pear in their affemblies, before they were of age; they were a part of the family, but not of the republic. This was the reason that the chil

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

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

dren

XVIII.

Book children of Clodomir king of Orleans, and conChap. 27. queror of Burgundy, were not proclaimed kings, because they were of too tender an age to be prefent at the affembly. They were not yet kings, but they had a right to the regal dignity as foon as they were able to bear arms; and in the mean time, Clotildis their grandmother governed the state *. But their uncles Clotarius and Childebert affaffinated them, and divided their kingdom. This was the caufe that in the following ages, princes in their minority were proclaimed kings immediately after the death of their fathers. Thus duke Gondovald faved Childebert II. from the cruelty of Chilperic, and caufed him to be proclaimed king †, when he was only five years old.

But even in this change they followed the original fpirit of the nation; for the public acts did not pass in the name of the young monarch. So that the Franks had a double administration, the one which concerned the person of the infant king, and the other which regarded the kingdom; and in the fiefs there was a difference between the guardianship and the civil administration.

CHA P. XXVIII.

Of Adoption among the Germans.

As the Germans became of age, by the wielding of arms, fo they were adopted by the

*It appears from Gregory of Tours, 1. 3. that the chofe two natives of Burgundy, which had been conquered by Clodomir, to raise them to the fee of Tours, which also belonged to Clodomir.

+ Gregory of Tours, 1. 5. c. 1. vix luftro ætatis uno jam perEto, qui die Dominicæ Natalis regnare cœpit.

fame

XVIII.

fame fign. This Gontram, willing to declare his! Book nephew Childebert of age, and to adopt him for Chap. 28. his fon, made use of these words. "I have ་

66

of Tours,

fiod. lib. 4.

ep. 2.

put (*) this javelin into thy hands, as a (a) See "token that I have given thee all my kingdom." Gregory Then turning toward the affembly, he added, book 7. "You fee that my fon Childebert is grown ac. 23. "man; obey him." Theodoric, king of the Oftrogoths, intending to adopt the king of the Heruli, wrote to him thus. (b): "It is a noble () In Caf"cuftom of ours to be adopted by arms; for "men of courage alone deferve to be our children. "Such is the efficacy of this act, that whoever is "the object of it, had rather die than submit to any thing ignominious. Therefore, in compliance with the national ufage, and because you are a man of courage, we adopt you for our "fon by these bucklers, thefe fwords, thefe horses, "which we fend you as a prefent."

66

CH

CHAP.

HA P. XXIX.

Of the fanguinary Temper of the Kings the

CLOVIS

Franks.

و

T.

LOVIS was not the only prince amongst the Franks who had invaded Gaul. Many of his relations had penetrated into this country with particular tribes; but as he had met with much greater fuccefs, and could grant confiderable fettlements to fuch as followed him, the Franks flocked to him from ail parts, fo that the other chiefs found themfelves too weak to refift him. He formed a defign () Gregoof exterminating his whole race, and he fucceed-y of ed (°). He feared, fays Gregory of Tours (), 1.2.

Tours,

left (Ibid.

Boox left the Franks fhould chuse another chief. His XVIII. children and fucceffors followed this practice to the Chap. 30. utmost of their power. Thus the brother, the uncle, the nephew, and what is ftill worse the father or the son, were perpetually confpiring against their whole family. The law continually divided the monarchy; while fear, ambition, and cruelty wanted to reunite it.

I

Of the national Assemblies of the Franks.

T has been remarked above, that nations who do not cultivate the land enjoy great liberty.. This was the cafe of the Germans. Tacitus fays, that they gave their kings, or chiefs, a very moderate degree of power * ; and Cæfar adds farther †, that in times of peace, they had no common magiftrates; but their princes adminiftered juftice in each village. Thus, as Gregory of (c) Lib. 2. Tours (©) fufficiently proves, the Franks in Germany had no king.

.66

"The princes, fays Tacitus ‡, deliberate on matters of no great concern; while affairs of importance are fubmitted to the whole nation; but in fuch a manner, that thefe very affairs, "which are under the cognizance of the peo

* Nec Regibus libera aut infinita poteftas. Cæterum neque animadvertere, neque vincire, neque verberare, &c. De morib. Germ.

In pace nullus eft communis magiftratus, fed principes regionum atque pagorum inter fuos jus dicunt. De bello Gall. lib. 6.

De minoribus principes confultant, de majoribus omnes ; ita tamen ut ea quorum penes plebem arbítrium est, apud principes pertra&entur. De morib, Germ.

"ple,

XVIII. Chap. 31.

"ple, are at the fame time laid before the Book "princes." This cuftom was obferved by them after their conquefts, as may be feen in all their records.

Tacitus fays, that capital crimes might be carried before the affembly. It was the fame after the conqueft, when the great vaffals were tried before that body.

CHA P. XXXI.

Of the Authority of the Clergy under the firft Race.

TH

HE priefts of barbarous nations are commonly invested with power, because they have both that authority which is due to them from their religious character, and that influence which amongst fuch a people is the offspring of fuperftition. Thus we fee in Tacitus, that priests were held in great veneration by the Germans, and that they prefided in the affemblies of the people. They alone were permitted to chaftife, to bind, to fmite; which they did, not by order of the prince, or as his minifters of justice; but as by an inspiration of that Deity ever fuppofed to be present with those who made war.

Lex confenfu Populi fit & conftitutione Regis. Capitularies of Charles the Bald, Anno 864. art. 6.

+ Licet apud Concilium accufare & difcrimen capitis intendere. De morib. Germ.

Silentium per facerdotes, quibus & coercendi jus eft, imperatur. De morib. Germ.

|| Nec legibus libera aut infinita poteftas. Cæterùm neque animadvertertere, neque vincire, neque verberare, nifi facerdotibus eft permiffum, non quafi in pœnam, nec Ducis juffu, fed velut Deo imperante, quem adeffe bellatoribus credunt. De morib, Germ.