HKB
female sex." The Burgundian law provides to the same effect. This then was the term of majority, which in later times, when heavier armor was used, was still longer delayed.
[121] This is illustrated by a passage in Caesar (Bell. Gall. vi. 21): "They who are the latest in proving their virility are most commended. By this delay they imagine the stature is increased, the strength improved, and the nerves fortified. To have knowledge of the other sex before twenty years of age, is accounted in the highest degree scandalous."
[122] Equal not only in age and constitution, but in condition. Many of the German codes of law annex penalties to those of both sexes who marry persons of inferior rank.
[123] Hence, in the history of the Merovingian kings of France, so many instances of regard to sisters and their children appear, and so many wars undertaken on their account.
[124] The court paid at Rome to rich persons without children, by the Haeredipetae, or legacy-hunters, is a frequent subject of censure and ridicule with the Roman writers.
[125] Avengers of blood are mentioned in the law of Moses, Numb. xxxv. 19. In the Roman law also, under the head of "those who on account of unworthiness are deprived of their inheritance," it is pronounced, that "such heirs as are proved to have neglected revenging the testator's death, shall be obliged to restore the entire profits."
[126] It was a wise provision, that among this fierce and warlike people, revenge should be commuted for a payment. That this intention might not be frustrated by the poverty of the offender, his whole family were conjointly bound to make compensation.
[127] All uncivilized nations agree in this property, which becomes less necessary as a nation improves in the arts of civil life.
[128] Convictibus et hospitiis. "Festivities and entertainments." The former word applies to friends and fellow-countrymen; the latter, to those not of the same tribe, and foreigners. Caesar (Bell. Gall. vi. 23) says, "They think it unlawful to offer violence to their guests, who, on whatever occasion they come to them, are protected from injury, and considered as sacred. Every house is open to them, and provision everywhere set before them." Mela (iii. 3) says of the Germans, "They make right consist in force, so that they are not ashamed of robbery: they are only kind to their guests, and merciful to suppliants. The Burgundian law lays a fine of three solidi on every man who refuses his roof or hearth to the coming guest." The Salic law, however, rightly forbids the exercise of hospitality to atrocious criminals; laying a penalty on the person who shall harbor one who has dug up or despoiled the dead? till he has made satisfaction to the relations.
[129] The clause here put within brackets is probably misplaced; since it does not connect well either with what goes before or what follows.[130] The Russians are at present the most remarkable among the northern nations for the use of warm bathing. Some of the North American tribes also have their hypocausts, or stoves.
[131] Eating at separate tables is generally an indication of voracity. Traces of it may be found in Homer, and other writers who have described ancient manners. The same practice has also been observed among the people of Otaheite; who occasionally devour vast quantities of food.
[132] The following article in the Salic law shows at once the frequency of these bloody quarrels, and the laudable endeavors of the legislature to restrain them;--"If at a feast where there are four or five men in company, one of them be killed, the rest shall either convict one as the offender, or shall jointly pay the composition for his death. And this law shall extend to seven persons present at an entertainment."
[133] The same custom is related by Herodotus, i. p. 66, as prevailing among the Persians.