Civil governments, in their first institution, are voluntary associations for mutual defence. To obtain the desired end, it is absolutely necessary that each individual should conceive himself obliged to submit his private opinions and actions to the judgment of the greater number of his associates. The German tribes were contented with this rude but liberal outline of political society. As soon as a youth, born of free parents, had attained the age of manhood, he was introduced into the general council of his countrymen, solemnly invested with a shield and spear, and adopted as an equal and worthy member of the military commonwealth. The assembly of the warriors of the tribe was convened at stated seasons, or on sudden emergencies. The trial of public offences, the election of magistrates, and the great business of peace and war, were determined by its independent voice. Sometimes indeed, these important questions were previously considered and prepared in a more select council of the principal chieftains. [45] The magistrates might deliberate and persuade, the people only could resolve and execute; and the resolutions of the Germans were for the most part hasty and violent. Barbarians accustomed to place their freedom in gratifying the present passion, and their courage in overlooking 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 counsels. 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 honor, 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. [46]
45 ([return])
[ Grotius changes an expression of Tacitus, pertractantur into Prætractantur. The correction is equally just and ingenious.]
46 ([return])
[ 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.]
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. [47] Princes were, however, appointed, in the general assembly, to administer justice, or rather to compose differences, [48] in their respective districts. In the choice of these magistrates, as much regard was shown to birth as to merit. [49] To each was assigned, by the public, a guard, and a council of a hundred persons, and the first of the princes appears to have enjoyed a preeminence of rank and honor which sometimes tempted the Romans to compliment him with the regal title. [50]
47 ([return])
[ Cæsar de Bell. Gal. vi. 23.]
48 ([return])
[ Minuunt controversias, is a very happy expression of Cæsar’s.]