The Germany and the Agricola of TacitusTacitus, Cornelius
History
The Germany and the Agricola of Tacitus
Tacitus, Cornelius
Agricola, Gnaeus Julius, 40-93; Germanic peoples -- Early works to 1800; Statesmen -- Rome -- Biography -- Early works to 1800
[78] These were so rare and so infamous among the Germans, that barely
calling a person by a name significant of them was severely punished.
[79] Incestuous people were buried alive in bogs in Scotland. Pennant's
Tour in Scotland, 1772; part i. p. 351; and part ii. p. 421.
[80] Among these slighter offences, however, were reckoned homicide,
adultery, theft, and many others of a similar kind. This appears from
the laws of the Germans, and from a subsequent passage of Tacitus
himself.
[81] These were at that time the only riches of the country, as was
already observed in this treatise. Afterwards gold and silver became
plentiful: hence all the mulcts required by the Salic law are pecuniary.
Money, however, still bore a fixed proportion to cattle; as appears from
the Saxon law (Tit. xviii.): "The Solidus is of two kinds; one contains
two tremisses, that is, a beeve of twelve months, or a sheep with its
lamb; the other, three tremisses, or a beeve of sixteen months. Homicide
is compounded for by the lesser solidus; other crimes by the greater."
The Saxons had their Weregeld,--the Scotch their Cro, Galnes, and
Kelchin,--and the Welsh their Gwerth, and Galanus, or compensations for
injuries; and cattle were likewise the usual fine. Vide Pennant's Tour
in Wales of 1773, pp. 273, 274.
[82] This mulct is frequently in the Salic law called "fred," that is,
peace; because it was paid to the king or state, as guardians of the
public peace.
[83] A brief account of the civil economy of the Germans will here be
useful. They were divided into nations; of which some were under a
regal government, others a republican. The former had kings, the latter
chiefs. Both in kingdoms and republics, military affairs were under the
conduct of the generals. The nations were divided into cantons; each of
which was superintended by a chief, or count, who administered justice
in it. The cantons were divided into districts or hundreds, so called
because they contained a hundred vills or townships. In each hundred
was a companion, or centenary, chosen from the people, before whom small
causes were tried. Before the count, all causes, as well great as small,
were amenable. The centenaries are called companions by Tacitus, after
the custom of the Romans; among whom the titles of honor were, Caesar,
the Legatus or Lieutenant of Caesar, and his comites, or companions. The
courts of justice were held in the open air, on a rising ground, beneath
the shade of an oak, elm, or some other large tree.
[84] Even judges were armed on the seat of justice. The Romans, on
the contrary, never went armed but when actually engaged in military
service.
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