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By Root 20355 0

on sudden emergencies. The trial of public offences, the election of magistrates, and the great business of peace and war, were determined by its independent voice. Sometimes indeed, these important questions were previously considered and prepared in a more select council of the principal chieftains. ^45 The magistrates might deliberate and persuade, the people only could resolve and execute; and the resolutions of the Germans were for the most part hasty and violent. Barbarians accustomed to place their freedom in gratifying the present passion, and their courage in overlooking all future consequences, turned away with indignant contempt from the remonstrances of justice and policy, and it was the practice to signify by a hollow murmur their dislike of such timid counsels. But whenever a more popular orator proposed to vindicate the meanest citizen from either foreign or domestic injury, whenever he called upon his fellow-countrymen to assert the national honor, or to pursue some enterprise full of danger and glory, a loud clashing of shields and spears expressed the eager applause of the assembly. For the Germans always met in arms, and it was constantly to be dreaded, lest an irregular multitude, inflamed with faction and strong liquors, should use those arms to enforce, as well as to declare, their furious resolves. We may recollect how often the diets of Poland have been polluted with blood, and the more numerous party has been compelled to yield to the more violent and seditious. ^46

[Footnote 45: Grotius changes an expression of Tacitus, pertractantur into Proetractantur. The correction is equally just and ingenious.]

[Footnote 46: Even in our ancient parliament, the barons often carried a question, not so much by the number of votes, as by that of their armed followers.]

A general of the tribe was elected on occasions of danger; and, if the danger was pressing and extensive, several tribes concurred in the choice of the same general. The bravest warrior was named to lead his countrymen into the field, by his example rather than by his commands. But this power, however limited, was still invidious. It expired with the war, and in time of peace the German tribes acknowledged not any supreme chief. ^47 Princes were, however, appointed, in the general assembly, to administer justice, or rather to compose differences, ^48 in their respective districts. In the choice of these magistrates, as much regard was shown to birth as to merit. ^49 To each was assigned, by the public, a guard, and a council of a hundred persons, and the first of the princes appears to have enjoyed a preeminence of rank and honor which sometimes tempted the Romans to compliment him with the regal title. ^50

[Footnote 47: Caesar de Bell. Gal. vi. 23.]

[Footnote 48: Minuunt controversias, is a very happy expression of Caesar's.]

[Footnote 49: Reges ex nobilitate, duces ex virtute sumunt. Tacit Germ. 7]

[Footnote 50: Cluver. Germ. Ant. l. i. c. 38.]

The comparative view of the powers of the magistrates, in two remarkable instances, is alone sufficient to represent the whole system of German manners. The disposal of the landed property within their district was absolutely vested in their hands, and they distributed it every year according to a new division. ^51 At the same time they were not authorized to punish with death, to imprison, or even to strike a private citizen. ^52 A people thus jealous of their persons, and careless of their possessions, must have been totally destitute of industry and the arts, but animated with a high sense of honor and independence.

[Footnote 51: Caesar, vi. 22. Tacit Germ. 26.]

[Footnote 52: Tacit. Germ. 7.]

Chapter IX: State Of Germany Until The Barbarians.

Part III.

The Germans respected only those duties which they imposed on themselves. The most obscure soldier resisted with disdain the authority of the magistrates. "The noblest youths blushed not to be numbered among the faithful companions of some renowned chief, to whom they devoted their arms and service.