was still invidious. It expired with the war, and in time of peace the German tribes acknowledged not any supreme chief. Princes were, however, appointed, in the general assembly, to administer justice, or rather to compose differences, in their respective districts. In the choice of these magistrates, as much regard was shown to birth as to merit. 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.

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. At the same time they were not authorized to punish with death, to imprison, or even to strike a private citizen. 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 hecould bestow, or they would accept. War, rapine, and the free-will offerings of his friends, supplied the materials of this munificence. 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. The honorable gifts, bestowed by the chief on his brave companions, have been supposed, by an ingenious writer, to contain the first rudiments of the fiefs, distributed after the conquest of the Roman provinces, by the barbarian lords among their vassals, with a similar duty of homage and military service. These conditions are, however, very repugnant to the maxims of the ancient Germans, who delighted in mutual presents; but without either imposing, or accepting, the weight of obligations.

"In the days of chivalry, or more properly of romance, all the men were brave, and all the women were chaste;" and notwithstanding the latter of these virtues is acquired and preserved with much more difficulty than the former, it is ascribed, almost without exception, to the wives of the ancient Germans. Polygamy was not in use, except among the princes, and among them only for the sake of multiplying their alliances. Divorces were prohibited by manners rather than by laws. Adulteries were punished as rare and inexpiable crimes; nor was seduction justified by example and fashion. We may easily discover that Tacitus indulges an honest pleasure in the contrast of barbarian virtue with the dissolute conduct of the Roman ladies; yet there are some striking circumstances that give an air of truth, or at least probability, to the conjugal faith and chastity of the Germans.