79 ([return])
[ Incestuous people were buried alive in bogs in Scotland. Pennant's Tour in Scotland, 1772; part i. p. 351; and part ii. p. 421.]
80 ([return])
[ Among these slighter offences, however, were reckoned homicide, adultery, theft, and many others of a similar kind. This appears from the laws of the Germans, and from a subsequent passage of Tacitus himself.]
81 ([return])
[ These were at that time the only riches of the country, as was already observed in this treatise. Afterwards gold and silver became plentiful: hence all the mulcts required by the Salic law are pecuniary. Money, however, still bore a fixed proportion to cattle; as appears from the Saxon law (Tit. xviii.): "The Solidus is of two kinds; one contains two tremisses, that is, a beeve of twelve months, or a sheep with its lamb; the other, three tremisses, or a beeve of sixteen months. Homicide is compounded for by the lesser solidus; other crimes by the greater." The Saxons had their Weregeld,—the Scotch their Cro, Galnes, and Kelchin,—and the Welsh their Gwerth, and Galanus, or compensations for injuries; and cattle were likewise the usual fine. Vide Pennant's Tour in Wales of 1773, pp. 273, 274.]
82 ([return])
[ This mulct is frequently in the Salic law called "fred," that is, peace; because it was paid to the king or state, as guardians of the public peace.]
83 ([return])
[ A brief account of the civil economy of the Germans will here be useful. They were divided into nations; of which some were under a regal government, others a republican. The former had kings, the latter chiefs. Both in kingdoms and republics, military affairs were under the conduct of the generals. The nations were divided into cantons; each of which was superintended by a chief, or count, who administered justice in it. The cantons were divided into districts or hundreds, so called because they contained a hundred vills or townships. In each hundred was a companion, or centenary, chosen from the people, before whom small causes were tried. Before the count, all causes, as well great as small, were amenable. The centenaries are called companions by Tacitus, after the custom of the Romans; among whom the titles of honor were, Caesar, the Legatus or Lieutenant of Caesar, and his comites, or companions. The courts of justice were held in the open air, on a rising ground, beneath the shade of an oak, elm, or some other large tree.]