GE RM ANY. 



•f the Innfl and cattle, vrcie delegated to the old and infirm, convened at dated feafons, or on fiiJdcn emergencies. Tlie 



to women and (laves. I'lie lazy warrior, deftitute of every 

 art that might employ his Icifure hours, confumed his days 

 and niglits in the animal gratiiications of flccp and food. 

 Nevcrthelcfs, the found that Aanmoned the German to arms 

 ivas grateful to his ear. It raifed him from his tincomfort- 



trial of public offences, the election of magi it rates, and the 

 great bufinefs of peace and war, were determined by its in- 

 dependent voices. Sometimes thcfe important queflions 

 were previoufly conlJdered, and prepared in a more feleA 

 council of the principal chieftains. The magiflrates might 



execute. When timid, though jull and prudent, couiifcU 

 were propofed, they exprefied their diflike by a hollow 

 murmur. But whenever a popular orator propofed to vin- 

 dicate tlie meaneft citizen from cither foreign or domeftic 

 injury, whenever he called upcm his fellow-countrymen to 

 alfert the national honour, or to purfue fome enterprife full 



able lethargy, gave him an aAive purfuit, and, by flrong deliberate and perfuade ; the people only could refolve and 

 exercife of the body, and violent emotions of tiie mind, re- 

 ftorcd him to a more lively fetife of his exiflence. In the 

 dull intervals of peace, thefe barbarians were immoderately 

 addicted to deep gaming and exceflive drinking ; both of 

 which, by different means, the one by inflaming tlieir 

 palTions, the other by extinguifhing their rcafon, alike re- 

 lieved them from the pain of thinking. They gloried in of danger and glory, a loud clafhing of ihields and fpears 

 pafllng whole days and nights at table ; and tlie blood of exprefied the eager applaufe of the affembly ; for the Ger- 

 friends and relations often ftained their numerous and drunken mans always met in arms. On occaiions of danger a gcne- 

 affemblies. The polfeiiion and the enjoyment of property ral oi' the tribe was clefted ; and in circumftances of prefT- 

 are the pledges which bind a civilized people to an improved ing and extenllve danger, feveral tribes concurred in the 

 country. But the Germans, wlio carried with them what choice of the fame general. The bravelt warrior was named 

 they moil valued, their arms, their cattle, and iheir women, to lead liis countrymen into tlie field, by his example rather 

 cheerfully abandoned the vail iilence of their woods for the than liis commands. His power expired with the war, and 

 unbounded liopes of plunder and conqueft. The innumera- in time of peace the German tribes acknowledged not any 

 ble fwarms that iifued, or feemed to ifTue, from the great fupreme chief. Princes were, however, appointed, in the 

 ftore-houfe of nations, were multiplied by the fears of the general affembly, to adminiiter juflice, or rather to compofe 

 »anquiflied, and by the credulity of fucceeding ages. And differences (miniumt controverfias, Cu;far) in their re- 

 from facts thus exaggerated, an opinion was gradually elta- fpeftive diftrifts. To the choice of thefe magiflrates, birth 

 bhfhed, and has been fupported by writers of diilinguiftied was regarded as much as merit. To eacli was affigned, by 

 reputation, tliat in the age of Csfar and Tacitus the inha- the public, a guard, and a council of looperfons; and the 

 bitants of the north were far more numerous than they are iirft of the princes appears to have enjoyed a pre-eminence 

 in our days. On this fubjeft fir William Temple and Mon- of rank and honour, which fon-.etimes tempted the Romans 

 tefquieu have indulged the ufual livelinefs of their fancy, to comphment him with the regal title. The Germans re- 



A more ferious inquiry into the caufes of population, feems 

 to have convinced m.odern philofophers of tlie fallehood, 

 and indeed the impoffibiiity, of the fuppofition. To the 

 names of Mariana and of Macliiavel, we can oppofe the 

 equal names of Robertfon and Hume. 



A warhke nation like the Germans, without cities, 

 letters, arts, or money, found fome compenfation for this _ 



favage flate in the enjoyment of liberty. Their poverty tach them tO his perfon and interell 

 fecured their freedom, liuce, fays Gibbon, our defires and 

 our poflefTions are the llrongefl fetters of defpotifm. Csefar 

 and Tacitus inform us, that the flate of fociety among the 

 ancient Germans v\'as of the rudeft and moll iiniplc form. 

 They lived entirely by hunting or paflurage. They ne- 

 glefted agriculture, as we have already feen ; their chief food 



fpefted only thofe duties which they impofed on themlelves. 

 The mofl obfcure foldier refilled with difdaiii the authoiity 

 of the magiflrates. Every individual among the ancient 

 Germans was left at hberty to cluife whether he would 

 take part in any military enterprife which was propofed ; it 

 became, of confequence, the great objetl of every perfon, 

 who aimed at being a leader, to gain adiierents and to at- 

 ■ " " ■ ' " ■ ■ Csfar calls thefe ad- 



herents Ambaftiand Clientes, i. e. retainers or clients. 

 Tacitus calls them Comites, or companions. The chief 

 diflinftion and power of the leaders confiflcd in being at- 

 tended br a numerous band of chofen youth. This wa« 

 their pride as well as ornament during peace, and their de- 

 fence in war. The leaders gained, or prcferved, the favour 



was milk, cheefe, and flefli. While fociety remains in this of thefe retainers by prefents of annei'r and of horfes, or 



fimple flate, men, by uniting together, fcarcely rclinquilh by the profuie though inelegant holpitahiy \yith which they 



any portion of their natural independence. The authority entertained them. But even after they united in fociety, 



of civil government was extremely hmited among tlie Ger- the Germans circamfcribcd the criminal jurifdiftion of the 



mans. In times of peace they had no common or fixed ma- magiflrate within very narrow limits, and txerciled aJmoft 



giflrate ; but the chief men of every diftriti difpenfed iuftice all the rights of private refcntment and revenge. Their 



and accommodated differences. In tlic far greater part of magiflrates had the abfolute difpoia! of the landed property 



Germany, the form of government was a democracy, tern- within tlieir diftrici, and they dillributcd it every ye;ir ac- 



pered indeed, and controlled, not fo much by general and cording to a new divifion ; but they had not the power ot 



pofitive laws, as by the occafional afcendant of birth and imprifoning, or of inflicling any corporal punuhment on a- 



valour, of eloquence and fuperilition. Some tribes, how- private citizen. Ever)- individual was obhged to avenge tlie 



ever, on the coafl of the Baltic, acknowledged the rights wrongs which his pa.rnts or friends had lullaincd. 1 heir 



•f kiugs; but their kings had not abfolute or unbounded enemies were hereditary, but not irreconcUeable. tven 



power; their authority confifted rather in the privilege of murder was coinpenfated by pay nig a certain number ot 



adviling than in the power of commanding. Matters of cattle. A part of the fine went to- the king or ilate, a part - 



Lnall confequence were determined by tiie chief men ; affairs to the perfon who had been injured, or to his kindred, 

 of importance, by the whole community. As foon as a Chaility is aferibed, almoft without exception, to the wive* 



youth, bom of free parents, had attained the age of man- of the ancient Germans. Polygamy was not in uic, except 



hood, he was introduced into the general council of hia among tlie princes and amonjr them only for the lake ot 



countrymen, lolemnly invefled with a fhield and a fpear, nndi-lplying their alliances. Divorces were prokibited by 



and adopted as an equal and worthy member of tlie manners rather than by laws. Adulteries were punilhoJ as 



joiUtary coramoawealtii. The a£embly of the tribe was rare and inexpiable cnmcs ; nor was reduction juitihcti bv 



