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 councils. 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 honour, 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.[1]
Authority of the princes and magistrates 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.[2] Princes were, however, appointed, in the general assembly, to administer justice, or rather to compose differences,[3] in their respective districts. In the choice of these magistrates as much regard was shown to birth as to merit.[4] To each was assigned, by the public, a guard, and a council of an hundred persons, and the first of the princes appears to have enjoyed a pre-eminence of rank and honour which sometimes tempted the Romans to compliment him with the regal title.[5]
more absolute over the property than over the persons of the Germans 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.[6] At the same time they were not authorized to punish with death, to- ↑ 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.
- ↑ Cæsar de Bell. Gall. vi. 23.
- ↑ Minuunt controversias, is a very happy expression of Cæsar's.
- ↑ Reges ex nobilitate, duces ex virtute sumunt. Tacit. Germ. 7.
- ↑ Cluver. Germ. Ant. l. i. c. 38.
- ↑ Cæsar, vi. 22. Tacit. Germ. 26.
