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in Germany, be the perfon ever fo rich, or even of the highest clafs of nobility, is not attended with an expenfe of more than fifty guilders, or about five pounds English, at the moft; and those of less fortune not more than ten guilders, and frequently not fo much.

"Thefe folemnities generally take place about the third or fourth day after the perfon's death. The body is interred without pomp, parade, or show, an hour after daybreak. Mourn ing is wholly abolished, and prohibited under a heavy penalty, even to the mere wearing of a black crape or riband.

p. 65.

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legiflator, and which deferves to be imitated in many foreign countries. This law prohibits the burying of dead bodies in any church or chapel what ever. Neither rank nor opulence can obtain permiffion to evade it, in the enforcement of which no respect is paid to perfons. It is horrid,' said the deceafed Emperor, that a place of worship, a temple of the Supreme 'Being, should be converted into a peft-house for living creatures. A 'perfon, who upon his death-bed 'makes it a condition of his will to be 'buried in a church or chapel, acts 'like a madman; he ought to fet his 'fellow-creatures a good example, and "This falutary law was first observed 'not do all in his power to destroy at the defire of the amiable and much- ⚫ their constitutions, by exposing them beloved Landgravine of Heffe Darm- to the effluvia arifing from a corpfe Stadt, who before her death command-in a state of putrefaction'." Vol. i. ed, that twelve private foldiers of the horfe-guards fhould carry her remains to the grave, and to be buried in an adjacent grove of a public garden. Her grave is to be feen at the prefent moment; and many English families who travel through Francfort, go to Darmstadt, which is diftant about twelve English miles, in order to vifit her tomb; on the top of which ftands a fmall urn of white marble, which the great Frederic II. King of Pruffia, fent from Potsdam with this short epitaph engraven on it, namely, To the memory of my beloved friend and dear relation,' in token of the esteem be had for that univerfally beloved princess. Her example was followed by her husband, the late Landgrave of Heffe Darmstadt. He was a true friend of mankind, and fo peculiarly attached was he to his army, that he defired to be buried among his foldiers." Val. i. p. 61.

SALUTARY LAWS AGAINST BURYING

THE DEAD IN CHURCHES.

"ABOUT fifteen years ago a truly excellent law was paffed and obferved with great punctuality in Francfort, as well as in all other parts of the Empire, of which the Emperor Joseph was the

"Since that time, the Germans have even begun to remove the buryingplaces a mile or two from every city or town; by which means they have ado

fhed, or paved the way towards abo lifhing, all the nonfenfical epitaphs and laughable infcriptions which generally abound in churchyards, and too often difgrace the memory they mean to ce lebrate; and have fubftituted for the offenfive cemetery an agreeable kind of garden, more calculated to inspire calm devotion than fentiments of hor

ror.

"It is fhocking to contraft this with many fmall towns in European coun tries, where there may frequently be feen fourteen or fifteen churchyards, when one on an extenfive fcale, out of the town, would be fully fufficient to anfwer every good purpose *" Vol. p. 72.

OLD HOCK.

"THE wine produced in the cir cuit of Hochheim, whence the Englifh derive the name Old Hock," is hardly one mile in length, and about half a mile in breadth. In years of abundance this spot produces rarely more than about two hundred

“During my refidence at the univerfity of Cambridge, I obferved that half the space of the town confifted of churchyards. There are no less than fifteen parishes, and as many churchyards; and it is remarkable, that many of them contain a public pump! Even in the city of London there are feveral public pumps, either in churchyards or close to them; and it is very fingular, that the water is generally esteemed for its excellence."

hogfbeads,

hogfheads. Most of this wine belongs to the chapters of Mentz, and confes quently is generally confumed by the prelates themfelves. They, however, make fome prefents of it to the Emperor, Pope, cardinals, and fome of the moft eminent princes in Germany. The quantity which is fold and fent abroad is very trifling. There are places which produce as excellent wine as that of Hochheim, as Nierftein, Rüdesheim, and that of Worms, called Leibfrau Milch, i. e. Virgins Milk,' and likewife in various other places, which wines are generally exported under the fame name as that above named Old Hock. However, the mifinformed Englishman ftill retains his prejudice of erroneously calling all Rhenith wines Old Hock'." Vol. i. P. 151.

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"ARE first mentioned as generally known in the year 1220, and reported to have been in force to the year 1665. They were never formally abrogated, but loft their influence by degrees, as the fword of juftice was wielded by vigorous hands. The Weftphalian Secret Tribunals were at firft only defigned for that country alone, and had no jurifdiction whatever elsewhere. The extent of their power was limited on the weft by the Rhine, on the eaft by the Wefer, on the north by Friefland, and on the fouth by the Wefterwald,' i. e. the western Foreft and Heffe." Vol. ii. p. 186.

"The Emperor being fupreme judge of all fecular courts of judicature in Germany, was alfo the fole inftitutor and chief of all tribunals.

"Free counties, being certain diftricts comprehending feveral parishes, where the judges and counfellors of the Secret Ban adminiftered juftice, conformably to the territorial ftatutes. A free county contained feveral tribunals fubject to the control of one mafter of the chair, Stuhlherr.' Thefe mafters of the chair, who commonly were fecular or ecclefiaftical princes, held their appointment by the will of the Emperor, which they forfeited by deciding in matters not within their jurifdiction, or on deviating from the laws of the free tribunals. They ap

pointed the free counts, Frey-Grafen,” who were prefidents of particular tribunals of the Secret Ban. They were prefented by the masters of their chair to the Emperor for confirmation, who were made refponfible for them, upon which they were invefted with the Royal Ban, and obliged to fwear fealty and obedience to the Head of the Empire. The latter alfo could punish the free counts, or deprive thein of their office; occupy the feat of a free count in the tribunals, decide in matters of appeal brought before him, infpect and reform the tribunals, and appoint the free knights, i. e. Frey-Schoffen ;' but this was confined to the territory of Weftphalia." Vol. ii. p. 189.

"The number of these free knights, belonging to each tribunal, never was lefs than feven, nor did it amount to more than eleven. Seven free knights, at leaft, were required to compofe a plenary court, i. e. Vollgericht,' in which the final fentence was pronounced. Knights of other tribunals were indeed permitted to be present on these occafions as vifitors, but were not als lowed to give their vote. On their res ception they promifed upon cath, to give information to the Secret Tribunal of every thing coming under its jurisdiction, perceived by themfelves, or reported to them by creditable perfons, and not to fuffer any thing created betwixt heaven and earth, to divert them from the execution of their duty. They also bound themfelves to promote the intereft of the facred Roman Empire, and to invade the poffeffions of the masters of the chair, and of the free courts, only on legal grounds. After having taken this oath, they were not permitted to reveal, even to their confeffors, the fecrets of the tribunal; and on tranfgreffing this law, though only in the moft trifling point, they were hanged without mercy. They pronounced judgment according to the ftatutes of the Weftphalian Secret Tribunal, and executed it conformably to the decrees of the free courts. They knew each other by certain fecret figns.

"The original conftitution of the Secret Tribunals did, however, not long continue in force; all forts of abandoned characters being admitted. The number of free knights allowed to every tribunal was originally limited

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to eleven, but in a fhort time many of them amounted to fixty or feventy, who even were not poffeffed of an inch of landed property in Weftphaly, and were induced by self-intereft, ambition, and revenge, or fome other disgraceful motive, to join the affociation. The meeting-places of the members of the Secret Tribunals degenerated into haunts of fanguinary banditti, who indifcriminately affaffinated the innocent with the guilty. The mafters of the chair being actuated by the moft fordid avarice, they divided the free countries into numerous fmaller feats of juftice, whereby the number of fpies and fecret informers naturally was increased to a moft prodigious degree, and various opportunities offered for fraud, impofition, and extortion. Although they were originally authorized to pronounce fentence only in criminal cafes, in order to increase their fees they at length interfered in private and domeftic affairs, and contrived to lay even counts and princes under contribution. On their admiffion, they vowed in the moft folemn and awful manner, to judge with incorruptible impartiality, to regard no person, and even to be deaf to every emotion of the heart, in framing their decrees; but on the contrary, they were fwayed by selfishness, acceffible to corruption, partial to their friends, while they profecuted their enemies with the moft rancorous malice, and proftituted their function by rendering their authority fubfervient to the gratification of the most brutal luft. They were deaf to the lamentations of calumniated innocence, aflaffinated their relations to inherit their eftates, and were more dreadful to the virtuous than the midnight ruffian. A free count frequently acted at once as witnefs and as judge: the fpy, informer, witnefs, and judge, were in many inftances united in the fame perfon; in fhort, the abufes which difgraced the Secret Tribunals, rendered them a real curfe to mankind.

"In the beginning of the 15th century, their power in Germany rofe to a moft alarming degree; and we may fafely maintain that the German Empire at that time contained more than 140,000 free knights, who, without either previous notice or trial, executed every one who was condemned by the Secret Ban. Auftrians, Bavarians,

VOL. V.-No. LI.

Franconians, and Suabians, having a demand on any one whom they could not bring to juftice before the regular courts of this country, applied to the Weftphalian Secret Tribunal, where they obtained a fummons, and in cafe of non-appearance, a sentence, which was immediately communicated to the whole fraternity of free knights, a step by which were put in motion an hoft of executioners, bound by the most dreadful oath to fpare neither father nor mother, nor to regard the facred ties of friendship or matrimonial love. If a free knight met a friend condemned by the Secret Ban, and gave him only the flightest hint to fave his life by flight, all the other free knights were bound to hang him feven feet higher than any other criminal. The fentence being pronounced in the Secret Ban, they were obliged to put it into immediate execution, and not permitted to make the leaft remonftrance, though they were perfectly convinced that the victim was the beft of men, and innocent of the crime alleged against him. This induced almost every man of rank and power to become a member of that dreadful affociation, in order to fecure himself against its effects. Every prince had fome free knights among his counfellors, and the majority of the German nobility belonged to that fecret order. Even princes, for inftance, the Duke of Bavaria and the Margrave of Brandenburgh, were members of the Secret Tribunal. The Duke William of Brunswic is reported to have faid: I muft order the Duke Adolphus of Schlefwic to be hanged, if he fhould come to fee me, left the 'free knights fhould hang me.' It was difficult to elude the proceedings of the free knights, as they at all times contrived to fteal at night, unknown and unfeen, to the gates of caftles, palaces, and towns, and to affix the fummons of the Secret Tribunal. When this had been done three times, and the accufed did not appear, he was condemned by the Secret Ban, and fummoned once more to fubmit to the execution of the fentence; and in cafe of non-appearance, he was folemnly outlawed, and then the invifible hands of free knights followed all his fteps till they found an opportunity of taking away his life. When a free knight thought himself too weak to feize and hang the culprit, he was bound to pur

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Tue him till he met with fome of his Himmels-ftrich,' or • Himmels-gecolleagues, who affifted him in hang-gend,' became its moft forcible and ing him to a tree, near the high road, current name, from a noble family, and not to a gibbet; fignifying thereby which was fucceffively fubject to the that they exercifed a free imperial ju- barbarity of thofe bloodhounds. When dicature throughout the whole Em- any of its defcendants happened to afk pire, independent of all provincial tri- what had become of their ancestors, bunals. If the devoted victim made they were generally answered with the refiftance, so as to compel them to nickname, They have wandered to poignard him; they tied the dead body the Red foil,' i. e. to the Soil that is to a tree, fixing the dagger over his fained with blood. For red fignifies in head, to show that he had not been German not only roth, but also bloodmurdered, but executed by a free red; and foil fignifies Erde. Thus knight. 'blutrothe erde,' blood-red foil'." Fol. ii. p. 191.

Their transactions were shrouded in the moft profound concealment: and the fignal by which they recog nifed one another never could be difcovered. Their fecret proceedings were not permitted to be disclosed to the Emperor himself, although he was fupreme master of the chair. Only when he asked, Has N. N. been condemn

ed?" the free knights were allowed to reply in the affirmative or negative: but when he inquired Who had been ⚫ condemned by the Secret Ban?" they were not permitted to mention any

name.

"The Emperor, or his delegate, could create free knights no where but on the red foil,' i. e. Weftphaly, with the affiftance of three free knights, who acted as witneffes. The real fignification of the term, red foil, and the reafon why it was applied to Weftphaly, has not yet been traced out; but during my ftay in that country, I learnt the following particulars concerning it, which feemed to me moft probable. They informed me, that the terms red foil were used as a nickname, to diftinguifh the Weftphalian country, in which this abominable bloody tribunal had been first established, from thofe milder ones of the fame kind in Germany. For Red foil, i. e. 'Rother grund,' or

LXXXIII. Strutt's Sports and Paf times of the People of England. (Con tinued from p. 426.)

HAWKING, &c.

HAWKING, or the art of train ing and flying of hawks, for the purpose of catching other birds*, is generally placed at the head of thofe amufements that can only be practised in the country; and probably it ob tained this precedency from its being a paftime fo generally followed by the nobility, not in this country only, but alfo upon the continent. Perfons of high rank rarely appeared without their dogs and their hawks; the latter they carried with them when they journeyed from one country to another, and fometimes even when they went to battle, and would not part with them to procure their own liberty when taken prifoners. Thefe birds were con fidered as enfigns of nobility; and no action could be reckoned more difhonourable to a man of rank than to give up his hawk †.

"Sebaftian

"It is alfo very frequently called falconry or fauconry; and the perfon who had the care of the hawks is denominated the falconer, but never, I believe, the

hawker."

"The Mews at Charing Cross, Westminster, so called, from the word mest, which, in the falconers' language, is the name of a place, wherein the hawkes are put at the moulting time, when they caft their feathers. The king's hawkes were kept at this place as early as the year 1377, an. 1 Richard II.; but A.D. 1537, the 27th year of Henry VIII. it was converted into ftables for that monarch's hories, and the hawkes were removed. See Stow's Survey of London."

P. 28.

"Memoires des Infcrip. tom. ix. p. 542. The ancient English illuminators have uniformly diftinguished the portrait of King Stephen by giving him a hawk

upon

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baggage;

His dogges barke, fo that withouten fayle,

The whole church is troubled by their outrage.'

"I cannot trace the origin of hawking to an earlier period than the middle of the fourth century. Julius Firmi-, cus, who lived about that time, is the first Latin author that fpeaks of falconers, and the art of teaching one fpecies of birds to fly after and catch other. An English writer, upon what authority I know not, fays, that hawking was first invented and practifed by Frederic Barbaroffa, when he befieged Rome. It appears, however, to be very certain that this amufement was difcovered abroad, when it became fashionable, fometime before it was. known in this country: the period of its introduction cannot be clearly determined; but, about the middle of the eighth century, Winifred, or Boniface, archbishop of Mons, who was himfelf a native of England, prefented to Ethelbert, king of Kent, one hawk and two falcons; and a king of the Mercians requested the fame Winifred

to fend to him two falcons that had been trained to kill cranes. In the fucceeding century, the sport was very highly efteemed by the Anglo-Saxon nobility; and the training and flying of hawks became one of the effentials in the education of a young man of rank. Alfred the Great is commended well as in other fashionable amusefor his early proficiency in this, as ments: he is even faid to have written a treatise upon the fubject of hawking; but there is no fuch work at prefent in exiftence, that can with any degree of certainty be attributed to him. The paftime of hawking muft, no doubt, at this period, have been very generally followed, to call for the prohibition inferted in a charter granted to the abbey of Abington, by Kenulph, king of the Mercians; which reftrains all perfons from carrying of hawks, and thereby trefpafling upon the lands belonging to the monks who refided

therein." P. 18.

“Edward III. according to Froif fart, had with him in his army, when he invaded France, thirty falconers on horfeback, who had charge of his hawks; and every day he either hunted, or went to the river for the purpose of hawking, as his fancy inclined him." From the frequent mention that is made of hawking by the water-fide, not only by the hiftorians, but alfo by the romance-writers of the middle ages, I fuppofe that the pursuit of water-fowls afforded the most diverfion. The author laft quoted, fpeaking of the Earl of Flanders, fays, he was always at the river, where his falconer caft off one falcon after the heron, and the Earl another. In the poetical ro mance of the Squire of low Degree,' the King of Hungary promises his daughter, that, at her return from hunting, the fhould hawk by the river-fide, with gos hawk, gentle falcon, and other well-tutored birds; fo alfo Chaucer, in the rhime of Sir Thopas, fays, that he could hunt the wild deer,

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And ryde on haukynge by the ryver
With grey gos hawke in hande.'
"An anonymous writer, of the fe-

upon his hand, to fignify, I prefume, by that fymbol, that he was nobly, though not royally born. See the Regal and Ecclefiaftical Antiquities of England."

"The author of a work entitled Stulifera Navis,' the fhip of fools, publifhed towards the conclufion of the fifteenth century." 3 P 2

venteenth

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