A warlike nation like the Germans, without either cities, letters, arts, or money, found some compensation for this savage state in the enjoyment of liberty. Their poverty secured their freedom, since our desires and our possessions are the strongest fetters of despotism. «Among the Suiones (says Tacitus) riches are held in honor. They are therefore subject to an absolute monarch, who, instead of intrusting his people with the free use of arms, as is practised in the rest of Germany, commits them to the safe custody, not of a citizen, or even of a freedman, but of a slave. The neighbors of the Suiones, the Sitones, are sunk even below servitude; they obey a woman.»[758] in the mention of these exceptions, the great historian sufficiently acknowledges the general theory of government. We are only at a loss to conceive by what means riches and despotism could penetrate into a remote corner of the North, and extinguish the generous flame that blazed with such fierceness on the frontier of the Roman provinces, or how the ancestors of those Danes and Norwegians, so distinguished in latter ages by their unconquered spirit, could thus tamely resign the great character of German liberty.[759] Some tribes, however, on the coast of the Baltic, acknowledged the authority of kings, though without relinquishing the rights of men,[760] but in the far greater part of Germany, the form of government was a democracy, tempered, indeed, and controlled, not so much by general and positive laws, as by the occasional ascendant of birth or valor, of eloquence or superstition.[761]
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[762] 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.[763]
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.[764] Princes were, however, appointed, in the general assembly, to administer justice, or rather to compose differences,[765] in their respective districts. In the choice of these magistrates, as much regard was shown to birth as to merit[766] 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.[767]
The comparative view of the powers of the magistrates, in two remarkable instances, is alone sufficient to represent the whole system of German manners. The disposal of the landed property within their district was absolutely vested in their hands, and they distributed it every year according to a new division[768] at the same time they were not authorized to punish with death, to imprison, or even to strike a private citizen[769] a people thus jealous of their persons, and careless of their possessions, must have been totally destitute of industry and the arts, but animated with a high sense of honor and independence.
Part III
The Germans respected only those duties which they imposed on themselves. The most obscure soldier resisted with disdain the authority of the magistrates. The noblest youths blushed not to be numbered among the faithful companions of some renowned chief, to whom they devoted their arms and service. A noble emulation prevailed among the companions, to obtain the first place in the esteem of their chief; amongst the chiefs, to acquire the greatest number of valiant companions. To be ever surrounded by a band of select youths was the pride and strength of the chiefs, their ornament in peace, their defence in war. The glory of such distinguished heroes diffused itself beyond the narrow limits of their own tribe. Presents and embassies solicited their friendship, and the fame of their arms often insured victory to the party which they espoused. In the hour of danger it was shameful for the chief to be surpassed in valor by his companions; shameful for the companions not to equal the valor of their chief. To survive his fall in battle, was indelible infamy. To protect his person, and to adorn his glory with the trophies of their own exploits, were the most sacred of their duties. The chiefs combated for victory, the companions for the chief. The noblest warriors, whenever their native country was sunk into the laziness of peace, maintained their numerous bands in some distant scene of action, to exercise their restless spirit, and to acquire renown by voluntary dangers. Gifts worthy of soldiers-the warlike steed, the bloody and even victorious lance-were the rewards which the companions claimed from the liberality of their chief. The rude plenty of his hospitable board was the only pay that he could bestow, or they would accept. War, rapine, and the free-will offerings of his friends, supplied the materials of this munificence.[770] This institution, however it might accidentally weaken the several republics, invigorated the general character of the Germans, and even ripened amongst them all the virtues of which barbarians are susceptible; the faith and valor, the hospitality and the courtesy, so conspicuous long afterwards in the ages of chivalry.
758
Tacit. German. 44, 45. Freinshemius (who dedicated his supplement to Livy to Christina of Sweden) thinks proper to be very angry with the Roman who expressed so very little reverence for Northern queens. Note: The Suiones and the Sitones are the ancient inhabitants of Scandinavia, their name may be traced in that of Sweden; they did not belong to the race of the Suevi, but that of the non-Suevi or Cimbri, whom the Suevi, in very remote times, drove back part to the west, part to the north; they were afterwards mingled with Suevian tribes, among others the Goths, who have traces of their name and power in the isle of Gothland.-G
759
May we not suspect that superstition was the parent of despotism? The descendants of Odin, (whose race was not extinct till the year 1060) are said to have reigned in Sweden above a thousand years. The temple of Upsal was the ancient seat of religion and empire. In the year 1153 I find a singular law, prohibiting the use and profession of arms to any except the king's guards. Is it not probable that it was colored by the pretence of reviving an old institution? See Dalin's History of Sweden in the Bibliotheque Raisonneo tom. xl. and xlv.
762
Grotius changes an expression of Tacitus, pertractantur into Proetractantur. The correction is equally just and ingenious.
763
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.