18.30. 30. Of the national Assemblies of the Franks.
It has been remarked above that nations who do not cultivate the land enjoy great liberty.
This was the case of the Germans. Tacitus says that they gave their
kings, or chiefs, a very moderate degree of power;
[55]
and Csar adds
further that in times of peace they had no common magistrates; but their
princes administered justice in each village.
[56]
Thus, as Gregory of
Tours
[57]
sufficiently proves, the Franks in Germany had no king.
"The princes," says Tacitus, "deliberate on matters of no great
concern; while affairs of importance are submitted to the whole nation,
but in such a manner that these very affairs which are under the
cognizance of the people are at the same time laid before the
princes."
[58]
This custom was observed by them after their conquests, as
may be seen in all their records.
[59]
Tacitus says that capital crimes might be carried before the
assembly.
[60]
It was the same after the conquest, when the great vassals
were tried before that body.
Footnotes
[55]
"Nec Regibus libera aut infinita potestas. Cæterum neque
animadvertere, neque vincire, neque verberare, &c." — "De Moribus
Germanorum," 7.
[56]
"In pace nullus est communis magistratus, sed principes regionum
atque pagorum inter suos jus dicunt." — "De Bello Gall.," lib. vi. 22.
[58]
"De minoribus principes consultant, de majoribus omnes; ita tamen
ut ea quorum penes plebem arbitrium est, apud principes pertractentur."
-- "De Moribus Germanorum," 11.
[59]
"Lex consensu Populi fit et constitutione Regis." — "Capitularies
of Charles the Bald," year 864, art. 6.
[60]
"Licet apud Concilium accusare et discrimen capitis intendere." --
"De Moribus Germanorum," 12.
