CHAP. XXX.: 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 Nec regibus libera aut infinita potestas. Cæterum neque animadvertere, neque vincire, neque verberare, &c. De morib. German. ^†664; and Cæsar adds, farther In pace nullus est communis magistratus, sed principes regionum atque pagorum inter suos jus dicunt. De bello Gall. lib. 6. ^†665, that, in times of peace, they had no common magistrates, but their princes administered justice in each village. Thus, as Gregory of Tours Lib. 2. ^†666 sufficiently proves, the Franks in Germany had no king.

“The princes, says Tacitus De minoribus principes consultant, de majoribus omnes; ita tamen ut ea, quorum penes plebem arbitrium est, apud principes pertractentur. De morib. Germ. ^†667, 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.” This custom was observed by them after their conquests, as may be seen Lex consensu populi fit & constitutione regis. Capitularies of Charles the Bald, anno 864, art. 6. ^†668 in all their records.

Tacitus says Licet apud concilium accusare & discrimen capitis intendere. De morib. Germ. ^†669, that capital crimes might be carried before the assembly. It was the same after the conquest, when the great vassals were tried before that body.