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  • The Freemasons' Monthly Magazine
  • Aug. 19, 1865
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  • TEUTONIC LEGAL ANTIQUITIES.
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The Freemasons' Monthly Magazine, Aug. 19, 1865: Page 2

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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-

“The Freemasons' Monthly Magazine: 1865-08-19, Page 2” Masonic Periodicals Online, Library and Museum of Freemasonry, 12 May 2025, django:8000/periodicals/mmr/issues/mmr_19081865/page/2/.
  • List
  • Grid
Title Category Page
BRO. JOHN CUNNINGHAM. Article 1
TEUTONIC LEGAL ANTIQUITIES. Article 2
MASONIC CHARITY. Article 3
CYCLOPEAN MASONRY, AND THE BUILDINGS OF JERUSALEM. Article 4
Untitled Article 6
RESTORATION OF CHURCHES IN ROME. Article 7
IRISH GIANTS. Article 9
Untitled Article 10
MASONIC NOTES AND QUERIES. Article 11
THE MASONIC MIRROR. Article 11
PROVINCIAL. Article 11
ANCIENT AND ACCEPTED RITE. Article 11
COLONIAL. Article 12
INDIA. Article 13
CHINA. Article 14
NOTES ON MUSIC AND THE DRAMA. Article 15
Poetry. Article 15
ROYAL ARCH. Article 16
THE CREATION. Article 16
LITERARY EXTRACTS. Article 16
PUBLIC AMUSEMENTS. Article 16
THE WEEK. Article 17
TO CORRESPONDENTS. Article 20
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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-

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