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Article TEUTONIC LEGAL ANTIQUITIES. Page 1 of 2 →
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Teutonic Legal Antiquities.
TEUTONIC LEGAL ANTIQUITIES .
Continuing our extracts from Dr . Grimm ' s researches , to Avhich Ave had been led in pursuit of symbolic usage in bygone ages , Ave find the mode by Avhich property changed hands , Avithout the intervention of the long-robe gentry with , the
parchment deed and six-and-eight pence . We entirely lose sight of symbols , and return to the senses and the act of the party most concerned , in the custom of giving land in quantities measured by the receiver's riding , driving , or
crawling , over or round it , during some determinate period of time , as Avhilst the royal donor bathed , or took his after dinner nap . This custom was not , hoAvever , peculiar to the Germans . We find gifts almost literally similar in Herodotus , in
Livy , aud in oriental history and fable ; and in spirit they resemble Dido ' s purchase of the landa bull ' s hide would cover , which , indeed , was often literally copied by German candidates for real property ; but if not Teutonic in its origin , the practice became so by the more vivid and
picturesque form Avhich , like all proceedings borrovred from the south , it assumed amidst the imaginative Northmen and Germans . It Avent out of fashion , we presume , from the constant cheating to Avhich it seems to have given birth .
Even saints appear to have found the temptation irresistible , and consequently endoAved jackasses upon such occasions with a fleetness surpassing the best-bred racers . If saints proved thus trickish , shall we wonder at the frailty of a hero's
virtue ? A prince of one of the most heroic families in Germany—the Guelphs—and , consequently , an ancestor of the sovereign of the British Isles , having obtained from the Emperor Louis a grant of as much land as he could either plough Avith a
golden plough , or drive a golden waggon round—¦ it is not clear which—during his imperial majesty ' s noontide slumber , fairly , or rather unfairly , put a golden toy Avaggon or plough into his pocket and rode full gallop , Avith , if Ave recollect rightly , relays of horses .
This mode of granting laud originated , we conceive , in the ordinary form of taking possession of domains , Avhether inherited or othenvise acquired , by riding over them . Even kings Avere frequently bound thus to ride round or over their
kingdoms , after having , upon their succession or election ( they commonly united both rights ) , been lifted on high upon a shield , and thus exhibited to their people for their approbation or
homagea practice , by the way , borrowed from the Germans by the Bomans , when their armies came to consist principally of Germans . We first read of it upon Julian's proclamation as Emperor at Paris , A . D . 360—when Ammiamis Marcellinus says ,
" Julian Avas placed on a foot soldier's shield , raised on high , and unanimously proclaimed Augustus . " Is the chairing of members of Parliament , upon their election , a relic of this ancient usage ?
But Ave must return to German forms of takin * possession , some of which are curious . The number of persons and animals to be employed in the ride Avas specified . The lord was to ride sometimes himself seventh , Avith six horses and-a-half
—the half being a mule , sometimes Avith six mouths and-a-half , when the party consisted of himself , two attendants , three horses , and a dog ; aud the quantity and quality of entertainment he Avas inclined to claim from his vassal on these
occasions was appointed with equal care , and Avas occasionally confined to bread , cheese , and Avine , upon a clean table-cloth . If he required more he had to pay for it . The horses , however , were ahvays amply provided for , being ordered to be
placed up to the belly in oats . Sometimes horses and dogs were to be one-eyed , or even a oneeyed deputy was to be substituted for the lord . Iu other places , animals and men ' s clothes were to be Avhite , a more intelligible regulation , as
white Avas a holy colour amongst the Teutonic heathens ; and Ave observe it did not quite forfeit its sanctity upon the introduction of Christianity from the marvellous favour shoAvn to a Avhite SOAV , Avho , if lucky enough to produce a whole litter as
spotlessly white as herself , Avas permitted , it should seem , to ravage the corn-fields within her reach , at her OAVU discretion ; but the most singular and solemn form of entering into possession and receiving homage recorded , is that enjoined to the Dukes of Carinthia .
The principle upon which this form proceeded Avas , that eA ery neAV duke must take his lands and privilege , as by purchase , from the people and their representative—a free peasant . Whenever , therefore , a new duke is to receive the homage
hereditarily due to him , a peasant of the race of the EdHnjer places himself upon the marble ducal seat at Zollfield . Round about this seat , but Avithout the barriers , as far as the eye can reach , throng the country people aAvaiting the neAV duka . This latter personage , in the rude garb of a Sola-
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Teutonic Legal Antiquities.
TEUTONIC LEGAL ANTIQUITIES .
Continuing our extracts from Dr . Grimm ' s researches , to Avhich Ave had been led in pursuit of symbolic usage in bygone ages , Ave find the mode by Avhich property changed hands , Avithout the intervention of the long-robe gentry with , the
parchment deed and six-and-eight pence . We entirely lose sight of symbols , and return to the senses and the act of the party most concerned , in the custom of giving land in quantities measured by the receiver's riding , driving , or
crawling , over or round it , during some determinate period of time , as Avhilst the royal donor bathed , or took his after dinner nap . This custom was not , hoAvever , peculiar to the Germans . We find gifts almost literally similar in Herodotus , in
Livy , aud in oriental history and fable ; and in spirit they resemble Dido ' s purchase of the landa bull ' s hide would cover , which , indeed , was often literally copied by German candidates for real property ; but if not Teutonic in its origin , the practice became so by the more vivid and
picturesque form Avhich , like all proceedings borrovred from the south , it assumed amidst the imaginative Northmen and Germans . It Avent out of fashion , we presume , from the constant cheating to Avhich it seems to have given birth .
Even saints appear to have found the temptation irresistible , and consequently endoAved jackasses upon such occasions with a fleetness surpassing the best-bred racers . If saints proved thus trickish , shall we wonder at the frailty of a hero's
virtue ? A prince of one of the most heroic families in Germany—the Guelphs—and , consequently , an ancestor of the sovereign of the British Isles , having obtained from the Emperor Louis a grant of as much land as he could either plough Avith a
golden plough , or drive a golden waggon round—¦ it is not clear which—during his imperial majesty ' s noontide slumber , fairly , or rather unfairly , put a golden toy Avaggon or plough into his pocket and rode full gallop , Avith , if Ave recollect rightly , relays of horses .
This mode of granting laud originated , we conceive , in the ordinary form of taking possession of domains , Avhether inherited or othenvise acquired , by riding over them . Even kings Avere frequently bound thus to ride round or over their
kingdoms , after having , upon their succession or election ( they commonly united both rights ) , been lifted on high upon a shield , and thus exhibited to their people for their approbation or
homagea practice , by the way , borrowed from the Germans by the Bomans , when their armies came to consist principally of Germans . We first read of it upon Julian's proclamation as Emperor at Paris , A . D . 360—when Ammiamis Marcellinus says ,
" Julian Avas placed on a foot soldier's shield , raised on high , and unanimously proclaimed Augustus . " Is the chairing of members of Parliament , upon their election , a relic of this ancient usage ?
But Ave must return to German forms of takin * possession , some of which are curious . The number of persons and animals to be employed in the ride Avas specified . The lord was to ride sometimes himself seventh , Avith six horses and-a-half
—the half being a mule , sometimes Avith six mouths and-a-half , when the party consisted of himself , two attendants , three horses , and a dog ; aud the quantity and quality of entertainment he Avas inclined to claim from his vassal on these
occasions was appointed with equal care , and Avas occasionally confined to bread , cheese , and Avine , upon a clean table-cloth . If he required more he had to pay for it . The horses , however , were ahvays amply provided for , being ordered to be
placed up to the belly in oats . Sometimes horses and dogs were to be one-eyed , or even a oneeyed deputy was to be substituted for the lord . Iu other places , animals and men ' s clothes were to be Avhite , a more intelligible regulation , as
white Avas a holy colour amongst the Teutonic heathens ; and Ave observe it did not quite forfeit its sanctity upon the introduction of Christianity from the marvellous favour shoAvn to a Avhite SOAV , Avho , if lucky enough to produce a whole litter as
spotlessly white as herself , Avas permitted , it should seem , to ravage the corn-fields within her reach , at her OAVU discretion ; but the most singular and solemn form of entering into possession and receiving homage recorded , is that enjoined to the Dukes of Carinthia .
The principle upon which this form proceeded Avas , that eA ery neAV duke must take his lands and privilege , as by purchase , from the people and their representative—a free peasant . Whenever , therefore , a new duke is to receive the homage
hereditarily due to him , a peasant of the race of the EdHnjer places himself upon the marble ducal seat at Zollfield . Round about this seat , but Avithout the barriers , as far as the eye can reach , throng the country people aAvaiting the neAV duka . This latter personage , in the rude garb of a Sola-