按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
able to that of the Salic law。＇23＇
3。 The laws of these barbarous nations who all sprang from Germany interpret each other； more particularly as they all have nearly the same spirit。 The Saxon law enjoined the father and mother to leave their inheritance to their son； and not to their daughter； but if there were none but daughters； they were to have the whole inheritance。＇24＇
4。 We have two ancient formularies＇25＇ that state the case in which； according to the Salic law； the daughters were excluded by the males； that is； when they stood in competition with their brother。
5。 Another formulary＇26＇ proves that the daughter succeeded to the prejudice of the grandson； she was therefore excluded only by the son。
6。 If daughters had been generally debarred by the Salic law from the inheritance of land； it would be impossible to explain the histories； formularies； and charters which are continually mentioning the lands and possessions of the females under the first race。
People have been wrong in asserting that the Salic lands were fiefs。＇27＇ 1。 This head is distinguished by the title of allodial lands。 2。 Fiefs at first were not hereditary； 3。 If the Salic lands had been fiefs； how could Marculfus treat that custom as impious which excluded the women from inheriting； when the males themselves did not succeed to fiefs？ 4。 The charters which have been cited to prove that the Salic lands were fiefs only show that they were freeholds。 5。 Fiefs were not established till after the conquest； and the Salic customs existed long before the Franks left Germany。 6。 It was not the Salic law that formed the establishment of fiefs； by setting bounds to the succession of females； but it was the establishment of fiefs that prescribed limits to the succession of females； and to the regulations of the Salic law。
After what has been said； one would not imagine that the perpetual succession of males to the crown of France should have taken its rise from the Salic law。 And yet this is a point indubitably certain。 I prove it from the several codes of the barbarous nations。 The Salic law；＇28＇ and the law of the Burgundians；＇29＇ debarred the daughters from the right of succeeding to the land in conjunction with their brothers； neither did they succeed to the crown。 The law of the Visigoths；＇30＇ on the contrary； permitted the daughters to inherit the land with the brothers：＇31＇ and the women were capable of inheriting the crown。＇32＇ Among these people the regulations of the civil law had an effect on the political。
This was not the only case in which the political law of the Franks gave way to the civil。 By the Salic law； all the brothers succeeded equally to the land； and this was also decreed by a law of the Burgundians。 Thus； in the kingdom of the Franks； and in that of the Burgundians； all the brothers succeeded to the crown； if we except a few murders and usurpations which took place amongst the Burgundians。
23。 Of the regal Ornaments among the Franks。 A people who do not cultivate the land have no idea of luxury。 We may see； in Tacitus； the admirable simplicity of the German nations： they had no artificial elegances of dress； their ornaments were derived from nature。 If the family of their chief was to be distinguished by any sign； it was no other than that which nature bestowed。 The kings of the Franks； of the Burgundians； and the Visigoths wore their long hair for a diadem。
24。 Of the Marriages of the Kings of the Franks。 I have already mentioned that with people who do not cultivate the earth； marriages are less fixed than with others； and that they generally take many wives。 〃Of all the barbarous nations the Germans were almost the only people who were satisfied with one wife；＇33＇ if we except；〃 says Tacitus； 〃some persons who； not from a dissoluteness of manners； but because of their nobility； had many。〃＇34＇
This explains the reason why the kings of the first race had so great a number of wives。 These marriages were less a proof of incontinence than a consequence of dignity： and it would have wounded them in a tender point to have deprived them of such a prerogative。＇35＇ This also explains the reason why the example of the kings was not followed by the subjects。
25。 Childeric。 〃The laws of matrimony amongst the Germans；〃 says Tacitus； 〃are strictly observed。 Vice is not there a subject of ridicule。 To corrupt or be corrupted is not called fashion； or the custom of the age：＇36＇ there are few examples in this populous nation of the violation of conjugal faith。〃＇37＇
This was the reason of the expulsion of Childeric： he shocked their rigid virtue； which conquest had not had time to corrupt。
26。 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 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＇
27。 The same Subject continued。 We have seen that the Germans did not appear in their assemblies before they were of age； they were a part of the family； but not of the republic。 This was the reason that the children of Clodomir； king of Orleans； and conqueror of Burgundy； were not proclaimed kings； because they were of too tender an age to be present at the assembly。 They were not yet kings； but they had a right to the regal dignity as soon as they were able to bear arms； and in the meantime； Clotildis； their grandmother； governed the state。＇49＇ But their uncles Clotarius and Childebert assassinated them； and divided their kingdom。 This was the cause that in the following ages princes in their minority were proclaimed kings immediately after the death of their fathers。 Thus Duke Gondovald saved Childebert II from the cruelty of Chilperic； and caused him to be proclaimed king when he was only five years old。＇50＇
But even in this change they followed the original spirit 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。
28。 Of Adoption among the Germans。 As the Germans became of age by the wielding of arms； so they were adopted by the same sign。 Thus Gontram； willing to declare his nephew Childebert of age and to adopt him for his son； made use of these words： 〃I have put this javelin into thy hands as a token that I have given thee all my kingdom。〃＇51＇ Then； turning towards the assembly； he added； 〃You see that my son Childebert is grown a man； obey him。〃 Theodoric； king of the Ostrogoths； intending to adopt the king of the Heruli； wrote to him thus：＇52＇ 〃It is a noble custom of ours to be adopted by arms； for men of courage alone deserve to be our children。 Such is the efficacy of this act； that whoever is the object of it had rather die than submit to anything ignominious。 Therefore； in compliance with the national usage； and because you are a man of courage； we adopt you for our son by these bucklers； these swords； these horses； which