HKB
a picked man of their own, each with his own country's arms; and, according as the victory falls, they presage success to the one or to the other party. [70]
On affairs of smaller moment, the chiefs consult; on those of greater importance, the whole community; yet with this circumstance, that what is referred to the decision of the people, is first maturely discussed by the chiefs. [71] They assemble, unless upon some sudden emergency, on stated days, either at the new or full moon, which they account the most auspicious season for beginning any enterprise. Nor do they, in their computation of time, reckon, like us, by the number of days, but of nights. In this way they arrange their business; in this way they fix their appointments; so that, with them, the night seems to lead the day. [72] An inconvenience produced by their liberty is, that they do not all assemble at a stated time, as if it were in obedience to a command; but two or three days are lost in the delays of convening. When they all think fit, [73] they sit down armed. [74] Silence is proclaimed by the priests, who have on this occasion a coercive power. Then the king, or chief, and such others as are conspicuous for age, birth, military renown, or eloquence, are heard; and gain attention rather from their ability to persuade, than their authority to command. If a proposal displease, the assembly reject it by an inarticulate murmur; if it prove agreeable, they clash their javelins; [75] for the most honorable expression of assent among them is the sound of arms.
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 be 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.