among them is the sound of arms.

12. Before this council, it is likewise allowed to exhibit accusations,
and to prosecute capital offences. Punishments are varied according to the
nature of the crime. Traitors and deserters are hung upon trees: [76]
cowards, dastards, [77] and those guilty of unnatural practices, [78] are
suffocated in mud under a hurdle. [79] This difference of punishment has
in view the principle, that villainy should he exposed while it is
punished, but turpitude concealed. The penalties annexed to slighter
offences [80] are also proportioned to the delinquency. The convicts are
fined in horses and cattle: [81] part of the mulct [82] goes to the king
or state; part to the injured person, or his relations. In the same
assemblies chiefs [83] are also elected, to administer justice through the
cantons and districts. A hundred companions, chosen from the people,
attended upon each of them, to assist them as well with their advice as
their authority.

13. The Germans transact no business, public or private, without being
armed: [84] but it is not customary for any person to assume arms till the
state has approved his ability to use them. Then, in the midst of the
assembly, either one of the chiefs, or the father, or a relation, equips
the youth with a shield and javelin. [85] These are to them the manly
gown; [86] this is the first honor conferred on youth: before this they
are considered as part of a household; afterwards, of the state. The
dignity of chieftain is bestowed even on mere lads, whose descent is
eminently illustrious, or whose fathers have performed signal services to
the public; they are associated, however, with those of mature strength,
who have already been declared capable of service; nor do they blush to be
seen in the rank of companions. [87] For the state of companionship itself
has its several degrees, determined by the judgment of him whom they