48 THE HISTORY OF MEDIEVAL EUROPE any one to assume arms until the tribe has recognized his competency to use them." Some kinsman or chief equips the youth with his shield and spear in the presence of the whole army, or popular assembly, which amounts to the same thing. " Before this he was only a member of a house- hold; hereafter he is a member of the tribe." This one sen- tence and this custom suggest a great deal. The son passes from the paternal authority at an early age to become a free warrior on an equality with his fellows. This is very differ- ent from the custom of Chinese society, for instance, where the son even after marriage lives on under his father's roof, where old-men and their ideas or lack thereof control life, and where duty to the family takes precedence of business obligations or patriotism. It is also very different from early Roman usage where the father retained his authority, re^ gardless of whether his sons married or not ; and could pun- ish a son even after he had served as consul at the head of the army. It was the duty and privilege of every freeman to attend the tribal assembly in arms, and the warrior who had left Popular his shield behind him on the battlefield was not assembly permitted to enter. The influence of religion is manifest in the holding of the assembly — at the time either of the new or full moon — in an open place consecrated to the war god Tiu, where the hallowed ground was roped off and priests proclaimed silence and kept order. The freeman, however, was fond of asserting his independence by arriving late. Debate was regulated by age, rank, military prowess, eloquence, and power of persuasion. The mass of freemen present usually contented themselves with shouting their dissent in chorus or clashing their spears against their shields in unison as a token of approval. A council of chiefs discussed beforehand the matters to be submitted to the assembly. The assembly decided the question of peace and war, had criminal jurisdiction, chose the magistrates to act as judges in the localities, and was consulted on all other important matters. It seldom legislated in the modern sense of the word, because law among the early Germans was
