If a proposal displease, the assembly reject it by an inarticulate murmur; if it prove agreeable, they clash their javelins; 75 for the most
honorable
expression of assent among them is the sound of arms.
Tacitus
If the result prove unfavorable, there is no more consultation on the same affair that day; if propitious, a confirmation by omens is still required.
In common with other nations, the Germans are acquainted with the practice of auguring from the notes and flight of birds; but it is peculiar to them to derive admonitions and presages from horses also.
69 Certain of these animals, milk-white, and untouched by earthly labor, are pastured at the public expense in the sacred woods and groves.
These, yoked to a consecrated chariot, are accompanied by the priest, and king, or chief person of the community, who attentively observe their manner of neighing and snorting; and no kind of augury is more credited, not only among the populace, but among the nobles and priests.
For the latter consider themselves as the ministers of the gods, and the horses, as privy to the divine will.
Another kind of divination, by which they explore the event of momentous wars, is to oblige a prisoner, taken by any means whatsoever from the nation with whom they are at variance, to fight with a picked man of their own, each with his own country's arms; and, according as the victory falls, they presage success to the one or to the other party.
70
11. On affairs of smaller moment, the chiefs consult; on those of greater importance, the whole community; yet with this circumstance, that what is referred to the decision of the people, is first maturely discussed by the chiefs. 71 They assemble, unless upon some sudden emergency, on stated days, either at the new or full moon, which they account the most auspicious season for beginning any enterprise. Nor do they, in their computation of time, reckon, like us, by the number of days, but of nights. In this way they arrange their business; in this way they fix their appointments; so that, with them, the night seems to lead the day. 72 An inconvenience produced by their liberty is, that they do not all assemble at a stated time, as if it were in obedience to a command; but two or three days are lost in the delays of convening. When they all think fit, 73 they sit down armed. 74 Silence is proclaimed by the priests, who have on this occasion a coercive power. Then the king, or chief, and such others as are conspicuous for age, birth, military renown, or eloquence, are heard; and gain attention rather from their ability to persuade, than their authority to command.
If a proposal displease, the assembly reject it by an inarticulate murmur; if it prove agreeable, they clash their javelins; 75 for the most honorable expression of assent among them is the sound of arms.
12. Before this council, it is likewise allowed to exhibit accusations, and to prosecute capital offences. Punishments are varied according to the nature of the crime. Traitors and deserters are hung upon trees: 76 cowards, dastards, 77 and those guilty of unnatural practices, 78 are suffocated in mud under a hurdle. 79 This difference of punishment has in view the principle, that villainy should be exposed while it is punished, but turpitude concealed. The penalties annexed to slighter offences 80 are also proportioned to the delinquency. The convicts are fined in horses and cattle: 81 part of the mulct 82 goes to the king or state; part to the injured person, or his relations. In the same assemblies chiefs 83 are also elected, to administer justice through the cantons and districts. A hundred companions, chosen from the people, attended upon each of them, to assist them as well with their advice as their authority.
13. The Germans transact no business, public or private, without being armed: 84 but it is not customary for any person to assume arms till the state has approved his ability to use them. Then, in the midst of the assembly, either one of the chiefs, or the father, or a relation, equips the youth with a shield and javelin. 85 These are to them the manly gown; 86 this is the first honor conferred on youth: before this they are considered as part of a household; afterwards, of the state. The dignity of chieftain is bestowed even on mere lads, whose descent is eminently illustrious, or whose fathers have performed signal services to the public; they are associated, however, with those of mature strength, who have already been declared capable of service; nor do they blush to be seen in the rank of companions. 87 For the state of companionship itself has its several degrees, determined by the judgment of him whom they follow; and there is a great emulation among the companions, which shall possess the highest place in the favor of their chief; and among the chiefs, which shall excel in the number and valor of his companions.
11. On affairs of smaller moment, the chiefs consult; on those of greater importance, the whole community; yet with this circumstance, that what is referred to the decision of the people, is first maturely discussed by the chiefs. 71 They assemble, unless upon some sudden emergency, on stated days, either at the new or full moon, which they account the most auspicious season for beginning any enterprise. Nor do they, in their computation of time, reckon, like us, by the number of days, but of nights. In this way they arrange their business; in this way they fix their appointments; so that, with them, the night seems to lead the day. 72 An inconvenience produced by their liberty is, that they do not all assemble at a stated time, as if it were in obedience to a command; but two or three days are lost in the delays of convening. When they all think fit, 73 they sit down armed. 74 Silence is proclaimed by the priests, who have on this occasion a coercive power. Then the king, or chief, and such others as are conspicuous for age, birth, military renown, or eloquence, are heard; and gain attention rather from their ability to persuade, than their authority to command.
If a proposal displease, the assembly reject it by an inarticulate murmur; if it prove agreeable, they clash their javelins; 75 for the most honorable expression of assent among them is the sound of arms.
12. Before this council, it is likewise allowed to exhibit accusations, and to prosecute capital offences. Punishments are varied according to the nature of the crime. Traitors and deserters are hung upon trees: 76 cowards, dastards, 77 and those guilty of unnatural practices, 78 are suffocated in mud under a hurdle. 79 This difference of punishment has in view the principle, that villainy should be exposed while it is punished, but turpitude concealed. The penalties annexed to slighter offences 80 are also proportioned to the delinquency. The convicts are fined in horses and cattle: 81 part of the mulct 82 goes to the king or state; part to the injured person, or his relations. In the same assemblies chiefs 83 are also elected, to administer justice through the cantons and districts. A hundred companions, chosen from the people, attended upon each of them, to assist them as well with their advice as their authority.
13. The Germans transact no business, public or private, without being armed: 84 but it is not customary for any person to assume arms till the state has approved his ability to use them. Then, in the midst of the assembly, either one of the chiefs, or the father, or a relation, equips the youth with a shield and javelin. 85 These are to them the manly gown; 86 this is the first honor conferred on youth: before this they are considered as part of a household; afterwards, of the state. The dignity of chieftain is bestowed even on mere lads, whose descent is eminently illustrious, or whose fathers have performed signal services to the public; they are associated, however, with those of mature strength, who have already been declared capable of service; nor do they blush to be seen in the rank of companions. 87 For the state of companionship itself has its several degrees, determined by the judgment of him whom they follow; and there is a great emulation among the companions, which shall possess the highest place in the favor of their chief; and among the chiefs, which shall excel in the number and valor of his companions.
