Part 9

This custom was of long duration; for there is not the mention of a single city in Ammianus Marcellinus, who wrote on the wars of the Romans in Germany. The names of places in Ptolemy (ii. 11) are not, therefore, those of cities, but of scattered villages. The Germans had not even what we should call towns, notwithstanding Caesar asserts the contrary.

The space surrounding the house, and fenced in by hedges, was that celebrated Salic land, which descended to the male line, exclusively of the female.

The danger of fire was particularly urgent in time of war; for, as Caesar informs us, these people were acquainted with a method of throwing red-hot clay bullets from slings, and burning javelins, on the thatch of houses. (Bell. Gall. v. 42.)

Thus likewise Mela (ii. 1), concerning the Sarmatians: "On account of the length and severity of their winters, they dwell under ground, either in natural or artificial caverns." At the time that Germany was laid waste by a forty years' war, Kircher saw many of the natives who, with their flocks, herds, and other possessions, took refuge in the caverns of the highest mountains. For many other curious particulars concerning these and other subterranean caves, see his Mundus Subterraneus, viii. 3, p. 100. In Hungary, at this day, corn is commonly stored in subterranean chambers.

Near Newbottle, the seat of the Marquis of Lothian, are some subterraneous apartments and passages cut out of the live rock, which had probably served for the same purposes of winter-retreats and granaries as those dug by the ancient Germans. Pennant's Tour in 1769, 4to, p.63.

This was a kind of mantle of a square form, called also rheno. Thus Caesar (Bell. Gall. vi. 21): "They use skins for clothing, or the short rhenones, and leave the greatest part of the body naked." Isidore (xix. 23) describes the rhenones as "garments covering the shoulders and breast, as low as the navel, so rough and shaggy that they are impenetrable to rain." Mela (iii. 3), speaking of the Germans, says, "The men are clothed only with the sagum, or the bark of trees, even in the depth of winter."

All savages are fond of variety of colors; hence the Germans spotted their furs with the skins of other animals, of which those here mentioned were probably of the seal kind. This practice is still continued with regard to the ermine, which is spotted with black lamb's-skin.

The Northern Sea, and Frozen Ocean.

Pliny testifies the same thing; and adds, that "the women beyond the Rhine are not acquainted with any more elegant kind of clothing."--xix. 1.

Not that rich and costly purple in which the Roman nobility shone, but some ordinary material, such as the vaccinium, which Pliny says was used by the Gauls as a purple dye for the garments of the slaves, (xvi. 18.)

The chastity of the Germans, and their strict regard to the laws of marriage, are witnessed by all their ancient codes of law. The purity of their manners in this respect afforded a striking contrast to the licentiousness of the Romans in the decline of the empire, and is exhibited in this light by Salvian, in his treatise De Gubernatione Dei, lib. vii.

Thus we find in Caesar (Bell. Gall. i. 53) that Ariovistus had two wives. Others had more. This indulgence proved more difficult to abolish, as it was considered as a mark of opulence, and an appendage of nobility.

The Germans purchased their wives, as appears from the following clauses in the Saxon law concerning marriage: "A person who espouses a wife shall pay to her parents 300 solidi (about 180l. sterling); but if the marriage be without the consent of the parents, the damsel, however, consenting, he shall pay 600 solidi. If neither the parents nor damsel consent, that is, if she be carried off by violence, he shall pay 300 solidi to the parents, and 340 to the damsel, and restore her to her parents."

Thus in the Saxon law, concerning dowries, it is said: "The Ostfalii and Angrarii determine, that if a woman have male issue, she is to possess the dower she received in marriage during her life, and transmit it to her sons."

Ergo septae pudicitiâ agunt. Some editions have septâ pudicitiâ. This would imply, however, rather the result of the care and watchfulness of their husbands; whereas it seems the object of Tacitus to show that this their chastity was the effect of innate virtue, and this is rather expressed by septae pudicitiâ, which is the reading of the Arundelian MS.

Seneca speaks with great force and warmth on this subject: "Nothing is so destructive to morals as loitering at public entertainments; for vice more easily insinuates itself into the heart when softened by pleasure. What shall I say! I return from them more covetous ambitious, and luxurious."--Epist. vii.

The Germans had a great regard for the hair, and looked upon cutting it off as a heavy disgrace; so that this was made a punishment for certain crimes, and was resented as an injury if practised upon an innocent person.

From an epistle of St. Boniface, archbishop of Mentz, to Ethelbald, king of England, we learn that among the Saxons the women themselves inflicted the punishment for violated chastity; "In ancient Saxony (now Westphalia), if a virgin pollute her father's house, or a married woman prove false to her vows, sometimes she is forced to put an end to her own life by the halter, and over the ashes of her burned body her seducer is hanged: sometimes a troop of females assembling lead her through the circumjacent villages, lacerating her body, stripped to the girdle, with rods and knives; and thus, bloody and full of minute wounds, she is continually met by new tormenters, who in their zeal for chastity do not quit her till she is dead, or scarcely alive, in order to inspire a dread of such offences." See Michael Alford's Annales Ecclesiae Anglo-Saxon., and Eccard.

A passage in Valerius Maximus renders it probable that the Cimbrian states were of this number: "The wives of the Teutones besought Marius, after his victory, that he would deliver them as a present to the Vestal virgins; affirming that they should henceforth, equally with themselves, abstain from the embraces of the other sex. This request not being granted, they all strangled themselves the ensuing night."--Lib. vi. 1.3.

Among the Heruli, the wife was expected to hang herself at once at the grave of her husband, if she would not live in perpetual infamy.

This expression may signify as well the murder of young children, as the procurement of abortion; both which crimes were severely punished by the German laws.

Quemquam ex agnatis. By agnati generally in Roman law were meant relations by the father's side; here it signifies children born after there was already an heir to the name and property of the father.

Justin has a similar thought concerning the Scythians: "Justice is cultivated by the dispositions of the people, not by the laws." (ii. 2.) How inefficacious the good laws here alluded to by Tacitus were in preventing enormities among the Romans, appears from the frequent complaints of the senators, and particularly of Minucius Felix; "I behold you, exposing your babes to the wild beasts and birds, or strangling the unhappy wretches with your own hands. Some of you, by means of drugs, extinguish the newly-formed man within your bowels, and thus commit parricide on your offspring before you bring them into the world." (Octavius, c. 30.) So familiar was this practice grown at Rome, that the virtuous Pliny apologises for it, alleging that "the great fertility of some women may require such a licence."--xxix. 4, 37.

Nudi ac sordidi does not mean "in nakedness and filth," as most translators have supposed. Personal filth is inconsistent with the daily practice of bathing mentioned c. 22; and nudus does not necessarily imply absolute nakedness (see note 4, p. 293).

This age appears at first to have been twelve years; for then a youth became liable to the penalties of law. Thus in the Salic law it is said, "If a child under twelve commit a fault, 'fred,' or a mulct, shall not be required of him." Afterwards the term was fifteen years of age. Thus in the Ripuary law, "A child under fifteen shall not be responsible." Again, "If a man die, or be killed, and leave a son; before he have completed his fifteenth year, he shall neither prosecute a cause, nor be called upon to answer in a suit: but at this term, he must either answer himself, or choose an advocate. In like manner with regard to the female sex." The Burgundian law provides to the same effect. This then was the term of majority, which in later times, when heavier armor was used, was still longer delayed.

This is illustrated by a passage in Caesar (Bell. Gall. vi. 21): "They who are the latest in proving their virility are most commended. By this delay they imagine the stature is increased, the strength improved, and the nerves fortified. To have knowledge of the other sex before twenty years of age, is accounted in the highest degree scandalous."

Equal not only in age and constitution, but in condition. Many of the German codes of law annex penalties to those of both sexes who marry persons of inferior rank.

Hence, in the history of the Merovingian kings of France, so many instances of regard to sisters and their children appear, and so many wars undertaken on their account.