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.
Tacitus
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. It is their dignity, their strength, to be always surrounded with a large body of select youth, an ornament in peace, a bulwark in war. And not in his own country alone, but among the neighboring states, the fame and glory of each chief consists in being distinguished for the number and bravery of his companions. Such chiefs are courted by embassies; distinguished by presents; and often by their reputation alone decide a war.
14. In the field of battle, it is disgraceful for the chief to be surpassed in valor; it is disgraceful for the companions not to equal their chief; but it is reproach and infamy during a whole succeeding life to retreat from the field surviving him. 88 To aid, to protect him; to place their own gallant actions to the account of his glory, is their first and most sacred engagement. The chiefs fight for victory; the companions for their chief. If their native country be long sunk in peace and inaction, many of the young nobles repair to some other state then engaged in war. For, besides that repose is unwelcome to their race, and toils and perils afford them a better opportunity of distinguishing themselves; they are unable, without war and violence, to maintain a large train of followers. The companion requires from the liberality of his chief, the warlike steed, the bloody and conquering spear: and in place of pay, he expects to be supplied with a table, homely indeed, but plentiful. 89 The funds for this munificence must be found in war and rapine; nor are they so easily persuaded to cultivate the earth, and await the produce of the seasons, as to challenge the foe, and expose themselves to wounds; nay, they even think it base and spiritless to earn by sweat what they might purchase with blood.
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. It is their dignity, their strength, to be always surrounded with a large body of select youth, an ornament in peace, a bulwark in war. And not in his own country alone, but among the neighboring states, the fame and glory of each chief consists in being distinguished for the number and bravery of his companions. Such chiefs are courted by embassies; distinguished by presents; and often by their reputation alone decide a war.
14. In the field of battle, it is disgraceful for the chief to be surpassed in valor; it is disgraceful for the companions not to equal their chief; but it is reproach and infamy during a whole succeeding life to retreat from the field surviving him. 88 To aid, to protect him; to place their own gallant actions to the account of his glory, is their first and most sacred engagement. The chiefs fight for victory; the companions for their chief. If their native country be long sunk in peace and inaction, many of the young nobles repair to some other state then engaged in war. For, besides that repose is unwelcome to their race, and toils and perils afford them a better opportunity of distinguishing themselves; they are unable, without war and violence, to maintain a large train of followers. The companion requires from the liberality of his chief, the warlike steed, the bloody and conquering spear: and in place of pay, he expects to be supplied with a table, homely indeed, but plentiful. 89 The funds for this munificence must be found in war and rapine; nor are they so easily persuaded to cultivate the earth, and await the produce of the seasons, as to challenge the foe, and expose themselves to wounds; nay, they even think it base and spiritless to earn by sweat what they might purchase with blood.
