The EUROPEAN LEGISLAfUR ES. 2 r 



THE constitutional authority of the German chiefs was pro- 

 bably not more extenfive in political than in judicial affairs. 

 It appears from C^SAR, that they had the prerogative of 

 regulating the annual eflablifhments of the tribes *. This, 

 however, it is likely, was no more than one of thofe res mino- 

 res, about which, TACITUS fays, the chiefs alone confulted : 

 " Facilitatem partiendi camporum fpatia preftant, arva per an- 

 " nos mutant et fupereft ager." In fuch a country, it was no 

 greater prerogative in a king to diflribute the lands, than to 

 choofe a camp for an army is in a general. It was, betides, a 

 thing of that nature which a national diet could not well ar- 

 range ; and, therefore, like the journeyings of a Tartar horde, 

 was naturally left to the difcretion of the chief, who would, 

 however, confult, of courfe, with the fubordinate chiefs on the 

 bufinefs. The neceffity of obferving an order in the pofition 

 of the tribe is likewife proved by the old laws of Sweden, 

 which directed, with anxiety, the arrangement (litus and ordo) 

 of the cottages of villagers ; and that they mould be furrounded 

 with a pallifado, in order, no doubt, that the inhabitants might 

 make their defence with greater facility and effect, in cafe of 

 an attack. Sbernhook, 295. 



IN military affairs, the power of the chiefs would be moft 



confpicuous. Although the choice of peace or war lay with the 



people, the conducting of military operations was neceffarily 



committed to die chiefs. " De majoribus rebus omnes con- 



' fultant, ita tamen ut ea quoque, quorum penes plebem arbi- 



1 trium eft, apud principes pertractentur," Mor. Germ. c.\\. A 



confiderable 



me to have arifen from not making fufficient allowance for thofe varieties which ought 

 to be expedled among inilitutions of the fame kind in different countries, elpecially when 

 the companion is made at different ftagcs of their progrefs. 



* " NEQJJE quifquam agri modum certum aut fines proprios habet; fed magiflratus ac 

 " princeps in annos fingulos gentibus cognationibufque hominum qui una coierunt quan- 

 " turn eis et quo loco vifum eft attribuunt agri, atque anno poll alio tranfire cogunt." 

 Bell. Gall. c. 21. " Agri pro numero cultorum, ab univerfis per vicos occupantur, 

 " quos mox inter fe fecundum dignationem partiuntur." Mor. Germ. 26. 



