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T 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 ; and Cæsar adds farther, that in times of peace, they had no common magistrates; but their princes distributed justice in each village. Thus, as Gregory of Tours sufficiently proves, the Franks in Germany had no king.

"The princes, says Tacitus, deliberate on small matters; while affairs of great importance are laid before 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 in all their records.

Tacitus says, 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. Rh