Page:Montesquieu - The spirit of laws.djvu/463

Rh Childebert II. was fifteen years old, when Gontram his uncle declared that he was of age, and capable of governing by himself. "I have put, says he, this javelin into thy hands, as a token, that I have given thee all my kingdom ;" and then turning towards the assembly, he added, "you see that my son Childebert is become a man; obey him."

We find in the Ripuarian laws, that the age of fifteen, the ability of bearing arms, and majority went together. It is there said ; "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 chuse a champion." It was necessary that his mind should be sufficiently formed, that he might be able to defend himself in court; and that his body should have all the strength that was proper for his defence in combat. Amongst the Burgundians, who also made use of 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 Charlemain, as appears by our Rh