GERMANY. 
ance of the arts, tlie national diftrefs was fometiines al. 
leviated by the emigration of a third, perhaps, or a 
fourth, part, of their yoiitli. The poflefilon and the 
enjoyment of property are tlie pledges whieli bind a 
civilized people to an improved country. But the Ger¬ 
mans, who carried with them what they moll valued, 
their arms, their cattV, and their women, cheeTiully 
abandoned the gloom of theirwoods, for the unbounded 
hopes of plunder and conquell in cultivated and popu¬ 
lous countries. The innumerable fwarms that illued, 
or feemed to ilTue, from the great llorehoufe of nations, 
were however multiplied by the fears of the vanquifhed, 
and by the credulity of fucceeding ages. And from 
fadls thus exaggerated, an opinion was gradually efta- 
bliflied, and has been fupported by writers of dillin. 
guiftied reputation, that, in the age of Casfar and Ta¬ 
citus, the inhabitants of the north were far more mime, 
rous than they are in our prefent days. But a more fe- 
rious inquiry into the caul'es of population, feems to 
have convinced modern philofophers of tlie fallehood, 
and indeed the impollibility, of the luppoution. To 
the names of Mariana and of Machiavel, we can oppofe 
the equal names of Robertfon and Hume. 
A warlike nation like the Germans, without either 
cities, letters, arts, or money, thought they found a 
compenfation for this favage Irate in the enjoyment of 
liberty. Their poverty certainly fecured their freedom, 
fince our defires and our poUeflions are the flrongell fet¬ 
ters of defpotifm. “Among the Suiones, (fays Taci¬ 
tus,) riches are held in honour. They are therefore 
fubjeft to an abl'olute monarch, who, inliead of intrull- 
ing his people with the free ufe of arms, as is praitifed 
in tlie reft of Germany, commits them to the cuftody, 
not of a citizen, or even of a freedman, but of a Have. 
The neighbours of the Suiones, the Sitones, are funk 
even below fervitude ; they obey a woman.” In the 
mention of thele exceptions, the great hiftori’an fuffici- 
cntly acknowledges the general theory of government. 
We are only at a lofs to conceive by what means riches 
and defpotifm could penetrate into a remote corner of 
the north, and extinguifti the generous flame that blazed 
with fuch fiercenefs on the frontier of the Roman pro¬ 
vinces : or how the anceftors of thofe Danes and Nor¬ 
wegians, fo diftinguifhed in latter ages by their uncon¬ 
querable fpirit, could thus tamely refign the great cha- 
rader of German liberty. Some tribes, however, on 
the coaft of the Baltic, acknowledged the authority of 
kings, though without relinquilhing the rights of men; 
but in the far greater part of Germany, the form of go¬ 
vernment was a democracy, tempered indeed, and con¬ 
trolled, not fo much by general and pofitive laws, as by 
the occafional afeendant of birth or valour, of eloquence 
or fuperftition. 
Civil governm.ents, in their firft inftitution, are vo¬ 
luntary affociations of the people for mutual defence. 
To obtain the defired end, it is abfolutely necefl'ary 
that each individual (hould conceive hirafelf obliged to 
fubmit his private opinion and actions to the judgment 
of the greater number of his alfociates. The German 
tribes were contented with this rude but liberal outline 
of political fociety. As foon as a youth, born of free 
parents, had attained the age of manhood, he was in- 
troduced into the general council of his countrymen, 
folemnly invefted with a fliield and fpear, and adopted 
as a new and equal member -of the military common¬ 
wealth. The alfembly of tlie warriors of each tribe 
was convened at.ftated feafons, or on fudden emergen- 
cies. The trial of public offences, the eledtion of ma- 
giftrates, and the great bufincfs of peace and war, were 
determined by its independent voice. Sometimes, in¬ 
deed, thefe queiiions were previoully conftdered, and 
prepared in a more felett council of the principal chief, 
tains. The inagiftrates might deliberate and perluade, 
but the people only could refolve and execute ; and the 
relolutions of the Germans were for the moll part hafty 
4 
407 
and violent. iBarbarians accuftomed to place their free¬ 
dom in gratifying the prefent paffion, and their courage 
in overlooking all future confequenccs, turned-away 
with indignant contempt from the remonftrances of juf- 
tice and policy ; and it was the pradlice to fignify by a 
hollow murmur, their difapprobation of fuch timid 
counfeis. But whenever a more popular orator pro- 
pofed to vindicate the meaneft citizen from either fo¬ 
reign or domeftic injury, whenever he called upon his 
fellow-countrymen to aflert the national lionour, or to 
purfue foine enterprife full of danger and peri!, a loud 
clafliing of ftiiekls and fpcars exprefi'ed the eager ap- 
plaufe of the affembly. For the Germans always met 
in arms ; and it was ever to be dreaded, left an irregular 
multitude, inflamed with fadlion and ftrong liquors, 
lliould ufe thole arms to enforce, as well as to declare,, 
their furious refolves. 
A general or chief of the tribe was elefled on occa- 
fions of danger; and, if the danger was prefling and 
extenfive, feveral tribes concurred in the choice of the 
fame chief. The braveft warrior was named to lead his 
countrymen into the field, by his example rather than 
by his commands. But this power, however limited, 
was ftill invidious. It expired with the war, and in 
time of peace the German tribes acknowledged not any 
fupreme lord. Princes were, however, appointed in 
the general alfembly, to adminifter juftice, or rather to 
compofe differences, in their refpetlive diftrifls. In 
the choice of thel'e magiftrates, as much regard was 
ftiewn to birth as to merit; and to each was alligned a 
guard, and a council of an hundred perfons, by the lo- 
vereign voice of the people. 
The comparative view of the powers of the magif¬ 
trates, in two remarkable inftances, is alone fufficient 
to reprefent the early fyftemof German manners. The 
difpofal ot the landed property within their diftri< 5 l, was 
ablolutely vefted in their hands, and they diftributed it 
every year according to a new divifion. At the fame 
time they were not authorifed to punifli with death, to 
imprifon, or even to ftrike, a private citizen. A people 
thus jealous of their perfons, and carelefs of their pol- 
feflions, muft have been totally deftitute of induftry and 
the arts, but animated with a high fenfe of honour and 
of independence. 
The Germans refpedled only thofe duties whicli they 
impofed on themfelves. The moll obfeure foldier re- 
fifted with difdain the authority of the magiftrates. 
“The nobleft youths bluftied not (fays Tacitus,) to be 
numbered among the faithful companions of lome re¬ 
nowned chief, to whom they devoted their arms and 
their fervice. A noble emulation prevailed among the 
companions to obtain the firft place in the efteem of 
their chief; amongft the chiefs to acquire the greateft 
number of valiant companions. To be ever lurrounded 
by a band of feleil youths, was the pride and ftrength 
ot the chiefs, their ornament in peace, their deteace in 
war. The glory of fucj\ diftinguifhed heroes dittufed 
itfelf beyond the narrow limits of their own tribe. 
Prelents and embaflies folicited their friendihip, and the 
tame of their arms often enl'ured vitcory to the party 
which they efpoufed. In the hour of danger it was 
lhamefiil for the chief to be furpalfed in valour by his 
companions ; lhameful for the companions not to equal 
the valour of their chief. To furvive his fall in battle 
was indelible infamy. To protect his perfon, and to 
adorn his glory with the trophies of their own exploits, 
were the moll facred of their duties. The chiets com¬ 
bated for vi6tory ; the companions for the chief. '1 he 
nobleft warriors, whenever their native country was lunk 
in the indolence of peace, maintained their numerous 
bands in tome diftant Icene of adlion, to excrcife their 
prowefs, an^ to acquire renown by voluntary dangers. 
Gifts worthy of foldiers, the warlike Heed, the bloody 
and ever-vidtorious lance, were the rewards which tlic 
companions claimed from the liberality of their chiet. 
The 
