Page:Montesquieu - The spirit of laws.djvu/464

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412
THE SPIRIT

Book XVIII.
Chap. 27.
tularies and romances. Those who[1] had fiefs, and were consequently obliged to do military service, were not then of age, till they were twenty one years old[2].


CHAP. XXVII.
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 declared kings, because they of too tender an age to be present at the assembly. They were not yet kings, but they had a right to be kings as soon as they were able to bear arms; and in the mean time Clotildis their grandmother governed the state[3]. But their uncles Clotarius and Childebert assassinated them, and divided their kingdom. This action was the cause that in the following ages, princes in their minority were declared kings immediately after the death of their fathers. Thus duke Gondovald saved Childebert II. from the cruelty of Chilperic, and caused him to be declared king[4] when he was only five years old.

  1. There was no change in the time in regard to the common people.
  2. St. Lewis was not of age till twenty one; this was changed by an edict of Charles V. in the year 1374.
  3. It appears from Gregory of Tours. 1. 2. that she chose two natives of Burgundy, which had been conquered by Clodomir, to raise them to the see of Tours, which also belonged to Clodomir.
  4. Gregory of Tours, 1. 5. c. 1. vix lustro œtatis uno jam peracto, qui die Dominicœ Natalis regnare cœpit.
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