na- CHA P.

by which our ancestors are described. 12 But though
ture had supplied them with the germs of those amiable
qualities which have become the national character of their
descendants, their direful customs, their acquired passions,
and barbarous education, perverted every good propensity.
So ductile is the human capacity, that there is no colour,
climate, or constitution, which governs the moral character
so permanently as the good or evil habits and discipline to
which it is subjected. An incident mentioned by Sym-
machus shows that they had a pride of mind which could
not endure disgrace. He says that twenty-nine Saxons
strangled themselves to avoid being brought into a theatre
for a gladiatorial show. 13

THEIR persons were of the largest size. On the continent they were so proud of their forms and their descent, and so anxious to perpetuate them, that they were averse to marriages with other nations. 14 Hence the colour of the hair of their males is mentioned as uniform. In the fourth century they cut their hair so close to the skin, that the appearance of the head was diminished and the face enlarged. 15 In the following ages, their hair behind is mentioned as diffused upon their shoulders 16; and an ancient Saxon law punished the man who seized another by the hair. '7

In their dress, their loose linen vests were adorned with

I.

12 Sidon. Apoll. lib. viii. ep. 9. Bede, lib. ii. c. 1. The expressions applied by Tacitus to all the German nations are, "truces, et cerulei oculi."

13 Ep. xlvi. lib. 2. p. 90.

14 Meginh. ib. ap. Lang. Script. Dan. tom. ii. p. 39. Wittichind. p. 5. Tacitus had expressed the same of all the German tribes.

15 Cujus vertices extimas per oras

Non contenta suos tenere morsus
Arctat lamina marginem comarum
Et sic crinibus ad cutem recisis
Decrescit caput, additurque vultus.

16 Wittichind, p. 5.

171 Linden. Codex Legum, p. 474.

Sid. Ap.

I.

CHAP. trimming, woven in different colours. 18 Their external garment was the sagum, or cloak 19, and they had shoes. Their females had gowns, and several ornaments for the arms, hands, and neck. 20

THE SAXONS Who invaded Thuringia in the sixth century, are described by Wittichind as leaning on small shields, with long lances, and with great knives, or crooked swords, by their sides. 21 Fabricius, an author of the sixteenth century, saw in an ancient picture of a Saxon, a sword bent into a semilunar shape.22 He adds, that their shields were suspended by chains, that their horsemen used long iron sledge hammers 23, and that their armour was heavy. I have not met with the documents from which he took these circumstances.

18 Paul. Warnefrid de Gest. Langob. lib. iv. c. 23. p. 838. Grot. ed. The vest is mentioned in the old Saxon law, p. 474., and their idol, Crodus, had one. Fabric. Hist. Sax. tom. i. p. 61.

19 Wittichind, p. 5.; and see Lindenbrog Glossary, Voc. Sagum, and Weiss. The curious may see a description of the dress of a Franc in the Monk of St. Gall's life of Charlemagne, and of a Longobard in P. Warnefridus, lib. iv. c. 23.

20 One is called in the old Anglian law the Rhedo, to the stealing of which the same penalty was attached as to stealing six sows with pig. The mother, in the same law, might at her death leave to her son, land, slaves, and money; to her daughter, the ornaments of the neck; id est, murænas (necklaces), nuscas, monilia (collars), inaures (ear-rings), vestes, armillas (bracelets) vel quicquid ornamenti proprii videbatur habuisse. 1 Lindenb. p. 484.

21 Wittichind, 5. As Tacitus remarks that the Germans seldom had swords, and more generally javelins, there is some plausibility in the derivation of the Saxon name from their sachs, or peculiar swords. The Cimbri on the contrary had great and long swords, according to Plutarch, in his Life of Marius.

22 Fabric. i. p. 66.

23 The favourite weapon of Thor, according to the Northern Eddas, was a mallet.

CHAP. II.

The Government and Laws of the more ancient SAXONS.

IT

T is said by Aristotle, that whoever lives voluntarily out C H A P. of civil society must have a vicious disposition, or be

an existence superior to man.' But nature has endeavoured to preserve her noblest offspring from this dismal and flagitious independence. She has given us faculties which can be only used, and wants which can be only provided for in society. She has made the social union inseparable from our safety, our virtue, our pride and our felicity.

GOVERNMENT and laws must have been coeval with society, for they are essentially necessary to its continuance. A spacious edifice might as well be expected to last without cement or foundation, as a society to subsist without some regulations of individual will, and some acknowledged authority to enforce their observance.

THE Athenian philosopher has correctly traced the progress of our species towards political institutions. The connubial union is one of the most imperious and most acceptable laws of our frame. From this, arose families and relationships. Families enlarged into villages and towns, and an aggregation of these gave being to a state.2

A FAMILY is naturally governed by its parents, and its ramifications by the aged. The father, says Homer, is the legislator to his wife and children. Among most barbarous tribes, the aged ancestors have prescribed to the

3

1 Aristotle's Politic. lib. i. c. 2. p. 380. ed. 1606.

2 Aristot. lib. i. c. 3. p. 381. This is one of Aristotle's most valuable works, and will repay with great profit a careful attention.

3 Cited by Aristot. ibid. p. 379.

II.

II.

CHAP. community the rules of mutual behaviour, and have adjudged disputes. As population has multiplied, civilisation advanced, and the sphere of human activity has been enlarged, more precise regulations, more decided subordination, and more complicated governments became necessary, and have been established.

THAT the Saxon societies, in their early stages, were governed by the aged, is very strikingly shown in the fact, that the words of their language which denote authority, also express age. When it states that Joseph was appointed ruler over Egypt, the words are, "rette into ealdre

66

66

oven Egypta land."4 For Cæsar, the emperor, we have
Careɲar tha beoth cýninga ýldejt."5 Here eldest is used
as synonimous to greatest. A British general is called an
"ealbopman."6 The Latin term satrapa, by which Bede
expressed the ruling Saxon chief of a district on the conti-
nent, is rendered by his royal translator "ealdorman."
The phrase of "a certain ruler," in St. Luke, is, in the
Saxon gospel, "rum ealdop." The contest between the
disciples of Christ which should be the greatest, is express-
ed in the Saxon, which should be the ÿlbert."
The aged
were the primitive chiefs and governors among the Saxons,
and therefore the terms expressing age were used to denote
dignity so habitually that they were retained in common
phrase, even after the custom of connecting power with
seniority had become obsolete.

4 Genesis, xlv. v. 8., in Thwaite's Saxon Heptateuch.
5 So the pontifex is called ýolerta birceop Orosius, lib. v.

c. 4.

6 Sax. Chron.

7 Smith's edition of Bede, p. 624.

8 Luke xviii. v. 18. So the highest seats in the synagogue are called tha ylbertan retl, Luke xx. 46. The Saxons had ylbert pуphta for the chief workman, ylbert picing for the chief of pirates, on rcype ylbort for a pilot, yelbert on tham уrelan Flocce for prince of that evil flock. So Bede's "he who by the priority of seat seemed to be their chief,' lib. v. c. 13, is rendered by Alfred se per retler jldeft et me thuhte tha he heopa ealdop beon rceolde, p. 633.

9 Luke xxii. v. 24.

II.

THE most ancient account of the Saxon government on CHA P. the continent exists in this short but expressive passage of Bede: "The ancient Saxons have no king, but many chiefs set over their people, who, when war presses, draw lots equally; and whomsoever the chance points out, they all follow as leader, and obey during the war. The war concluded, all the chiefs become again of equal power." 10

THAT the continental Saxons in the eighth and preceding centuries were under an aristocracy of chieftains, and had no kings but in war; and that the war-kings who were then chosen laid aside their power when peace was re-established, is attested by other ancient authorities." More recent historians have repeated the assertion.12 Cæsar gives an account nearly similar, of the German magistracy in his time. 13 We may, therefore, safely infer, that when the Anglo-Saxons visited England, they came under war-kings.

10 Bede Hist. Eccles. lib. v. c. 10. p. 192.
"The ancient Saxon poet says,

Quæ nec rege fuit saltem sociata sub uno
Ut se militiæ pariter defenderet usu:
Sed variis divisa modis plebs omnis habebat,
Quot pagos, tot pene duces.

Du Chesne.

Si autem universale bellum ingrueret, sorte eligitur cui omnes obedire oporteat ad administrandum imminens bellum. Quo peracto æquo jure ac lege propria contentus potestate unusquisque vivebat. - Wittichind, lib. i. p. 7. So the Vetus Theotisce Chronicon on the year 810. Twelff Edelinge der Sassen de reden over dat lant tho Sassen. Und Wannere dat se krich in dat lant tho Sassen hadden so koren se von den twelffen einen, de was ore Koning de wile de krich warde. Und wan de krich bericht wart, so weren de twelffe gelick, so was des einen koniges state uth, und was den anderon gelick.— Lindenb. Gloss. 1347. This is "Twelve Ethelings governed over the land of the Saxons; and whenever war arose in that land, the Saxons chose one of the twelve to be king while the war lasted: when the war was finished the twelve became alike."

12 Krantz Metropol. lib. i. c. 1., and Belli Dithmar. p. 431. Fabricius Hist. Sax. i. p. 69. Sagittarius Hist. Bard. 60.

13 Quum bellum civitas aut illatum defendit aut infert, magistratus qui eo bello præsint ut vitæ necisque habeant potestatem deliguntur. In pace nullus est communis magistratus, sed principes regionum atque pagorum inter suos jus dicunt controversiasque minuunt. - De Bell. Gall. lib. vi. c. 21.