CHAPTER XXVI.

A PARTING GLANCE AT OTHER UNIVERSITIES: GERMAN AND FOREIGN.

We have in conclusion, only to say a few words of comparison between the university of Heidelberg and the other German universities; and between these generally and those of other countries.

In the description of a German university, we have always had that of Heidelberg in our eye, touching only occasionally one or another of the other German universities. The institutions of these are essentially alike, yet each one has its own peculiarities; and this is not to be wondered at, when one reflects how many influences determine the course of the developement of a High-school. It shapes itself on the circumstances of the times, according to the will of the Princes under whose protection it stands; according to surrounding causes, in respect to nature and art; and more than all, according to the spirit and character of the teachers. To take a comparative review of these peculiarities of the other universities of Germany would be highly interesting; but when we reflect that in such a course all alleged influences must be carefully weighed; and, in fact, that not merely the present but all the past fortunes of the High-schools must be brought under the eye, it will at once be seen that so wide a scope of observation does not belong to this work. We can as little go into the narrative of the foreign universities; because personal inspection is wanting to us, and because we can give little faith to the statements of foreigners--statements which often contradict each other, and for the most part are as little worthy of credence, as those fabulous accounts of German universities which have been circulated abroad The last few years have brought us intelligence of the English universities, which represents them as the nurseries of all that is mischievous and corrupt, and which paints them in colours as repellant as, at the same time, have been daubed over the caricatures of German universities there. The false representations which foreigners, who, in fact, have lived for some years at a German High-school, have made of the diligence and moral condition of the same, warn us not to pronounce a similar opinion on academical institutions which we have not seen with our own eyes. We will only here devote a few lines to some advantages which our institutions appear to us to possess over those of England.

The great wheel of the mechanism of a German university is, next to the payment for the lectures, the division of the teachers into ordinary and extraordinary professors, and private teachers. Through the income appointed by the government, the professor is not dependent on his hearers, and is not tempted to care more for his income than for science. The first duty of a professor is towards science; not towards the students. That is the principle of all genuine university professors; and in this exactly differs the university essentially from the Gymnasium. The state must secure a moderate income to the professor, independent of the number of his hearers; since a lecture which has only seven or eight attendants may be of incalculable benefit to science; as for instance, those on the higher analysis, or the higher philology. A great mathematician ought not, in order to acquire emolument merely, waste his time in teaching the inferior branches of his science. But on the other hand, the state is not bound to give to every individual a scientific education gratuitously, and to its own ruin; and it would be unjust to extract money from the pockets of all citizens for the benefit of only a very small number. A suitable and secure income, which furnishes a professor with what is necessary and with leisure; and paid lectures, which in proportion to his success shall better his condition,--these, in this respect, constitute the true means; since a professor should never forget the higher interests of science, nor in the brilliant lustre of a transcendent genius content himself with only a certain degree of success, and only a moderate number of hearers. There is also this advantage to be added, that the students frequent with more zeal and perseverance the lectures for which they pay.

What happens in these respects in France is exactly the contrary. In the French faculties of language and science, the doors are thrown open, and every man can enter without paying. This at the first view appears excellent, and worthy of a great nation. But what is really the consequence? That an audience is like the pit of a theatre; one goes in, and then goes out again, in the midst of the lecture; another comes once, and then comes no more if the professor does not tickle his ear. The attendants listen with distracted attention, and in general you see more amateurs than students. The professor who does not lose a _sous_, let him do his work as ill as possible, either neglects it, and expends little trouble or talent on his lectures, or loving fame, anxious for his reputation, and yet despairing to win a serious audience, labours at least to assemble a numerous one. In this case there is an end to science; for in order to make it attractive, he must sink himself to the level of his hearers.

There lies in this great number of attendants an almost magnetic influence, which bows to its yoke even the strongest minds; and he who would be an earnest and admirable professor for attentive students, becomes for frivolous, airy, and superficial hearers, light and superficial himself. In fine, what remains to the multitude of that instruction to which they have given a gratuitous attendance?--a confused impression, just about as profitable as that which an interesting drama in the theatre would have left behind.

But is this to be compared for a moment with the persevering zeal of fifty or a hundred hearers even, who have paid beforehand for the lectures; who follow their progression obstinately, in order to sift them, and to give themselves an account of them, without which they have thrown away both their time and money. Thus excellent is the arrangement that the student shall pay something, and at the same time the state shall guarantee to the distinguished and learned men who are chosen as professors, a secure and fitting support.

The three degrees of teachers at the High-schools of Germany are in the happiest manner divided from each other, and yet bound together. The foundation, the root of the professorship, the inexhaustible and everspringing nursery of the German university, are the young doctors, to whom it is allowed, under certain conditions, and with the permission of the faculties, to deliver public lectures. Every able young man may thus arrive at the higher offices of teaching, but none without raising, at least good expectations. He is tried, but without entering into any actual engagement with him; without any thing being promised to him, or given him. If he does not by correspondent results, realize the hopes which have been entertained of him; if he fails to attract hearers, and to do honour to the faculty which admitted him; it is seen that a vain anticipation has been attached to him, and he is not raised to the rank of extraordinary professor. He himself, after some years, withdraws himself from the hopeless pursuit, which brings him few hearers and little profit, and betakes himself to some other career. On the contrary, if he fulfil the hopes raised by him; if he gather numerous hearers, and write works which excite attention; he is then declared Extraordinary professor, a title which is irrevocable, and which gives him a small fixed salary, which, with the income derived from his hearers, encourages him, and supports him in his career. If he maintain this happy progress, if he prove himself an able man, the state, in order to retain him, increases by degrees his income, and finally names him Ordinary professor.

This distinguished title is never given on account of hopes: which may be found false by experience, but on account of tried effects, of distinguished talents, and established reputation. It is very rare that this title is received before a certain age; and there is not a professor in Germany, who is not a man of a reputation more or less distinguished, since this position is entirely the reward of his talents. Great and successful results, be they in writing or lecturing, these in Germany nominate the Ordinary professor, and an unlimited choice is afforded in the multitude of young teachers. Talent, with the aid of time and perseverance, wins the prize, and that is the genuine and proper contest. As age and time dull the zeal and diminish ability, and the professor now grown old, neglects or does not advance with the advances of science; an innovator in his youth, does he now become a loiterer, what is to be done? His hearers, ever attracted by the spirit of the time, desert his lectures; and seek those of an Extraordinary professor, or perhaps those of a private teacher--young and zealous, and often to excess, fond of innovation and bold inquiry; and the university suffers not through the retreat of those, who formerly served it faithfully and well. This happy mechanism rests on the distinction into extraordinary and ordinary professors, and private teachers; which in France correspond with the titulaires, adjoints, and agreges.

Let us now only reflect how different altogether is the practice in France. A man is put in the list of competitors for a few weeks, amongst such young people as frequently have not written two lines; have taught scarcely a single year; and now, after giving in some stated proof, are often in their twenty-fifth year endowed with an irrevocable title, which may be held till their seventieth year without doing any thing; which, from the first day of their nomination to the end of their life, draws the same salary, whether they have many hearers or few; whether they distinguish themselves or not; whether they thenceforward live in ignorance, or become celebrated men!

Another great disadvantage in France is, that in this country the different faculties of which a German university is composed, are separated from each other, scattered about, and in this isolation are as it were, lost. Here are faculties of science, in which lectures upon chemistry, physics, and natural history, are held, without a medicinal faculty at their side, which might thence derive benefit; there--faculties of law, and of theology, without history, literature, and philosophy. So are there perhaps twenty miserable faculties scattered over the whole surface of France, and nowhere a genuine home for science. Thence comes it, that in France study is for the most part so unphilosophically pursued; although able professional men are accomplished in jurisprudence and medicine, the studies which are there the most in esteem.

We leave it to the English reader, who is better acquainted with the universities of his native land, than we are--to decide, how far the deficiencies here attributed to the French universities also affect those of Britain. Oxford and Cambridge, the two most ancient universities of England, have remained true to the old institutions, to the old mode of living altogether in colleges, which the German public has long abandoned as not answering the purpose. They have a greater self-dependence and independence than the German ones, which are submitted to the superintendence of the state. Yet the German institutions in this respect reap many advantages, so long as the government is no despotism. Through such high-standing Boards, boards which respect the interests and claims of all parties, and administer to them all justice with strict impartiality, the chairs of science are preserved from incapacity; the meritorious are made known and elevated; obstructions are removed; help is duly administered, morals are protected, defects are remedied, better and more effectually than can be done by a corporation alone, and without such a well-disposed and wise superintendence of their interests; and which places the university in a condition to exercise a fresher and more unimpaired strength in the great pursuit of science and of accomplishment, and with more decisive effect; and to remain mistress of the great movement of inquiry and of knowledge.

That the advantages of the German High-schools are, however, acknowledged in England, is proved by the foundation of the liberal University in London in the year 1825, wherein they have sought to combine many of the German plans, whose value was recognised, with the old English ones. But yet more than by this fact, is paid the tribute of recognition of the excellence of the German High-schools, by the great number of young men who, not alone from the European countries, but from distant regions of the earth, hasten to place themselves at the feet of their teachers.

No country has so many and such excellent universities as Germany,--and the proofs of their advantages exist in the great number of illustrious learned men and authors, which quench their thirst of knowledge at these immortal wells of science; men, whose creations daily more and more receive abroad their just recognition, and in no country more than in England.

THE

GENERAL BEER-COMMENT OF HEIDELBERG.

Many a one is a more true Diogenes, not when he is in the tub, but when the tub is in him.

TITULUS I.

DIVISION OF THE STUDENTS AS IT REGARDS THE BEER COMMENT.

Sec. 1. All Students are divided into Crass Foxes (or Fat Foxes), Brand Foxes, and Beer-Burschen.

2. Every student, during the first course of his academical career, is a Fat Fox.

3. He becomes a Brand-Fox when he is burnt at one of the regular kneips of the respective Chores, with the proper solemnities; yet this shall not occur before the Farewell Commers of his first, nor later than four weeks after the entrance Commers of his second, semester.

4. The Brand-Fox becomes a Beer-Bursch, if he be _pawked_ in (initiated), at the end of his second course, but after the Farewell Commers, or at the commencement of his third course; this, however, shall only be done in beer.

5. Comes one here who has already studied two semesters at another known university, he must at the commencement of his third semester be here _pawked_ in, or otherwise, till he be pawked in, he can only, as it regards the Beer-companies, be considered as a Brander.

6. Every one who has studied three semesters at another known university, has on that account the rights of a Beer-bursch.

7. A Fox who is the Chore-bursch of an existing verbindung or union, has the rights of a Beer-bursch, yet must he suffer himself to be _pawked_ in as a Beer-bursch.

8. The following is the mode of pawking in. At one of the appointed kneips of the respective Chore, the in-pawking Beer-bursch drinks to the in-to-be-pawked at least half a choppin of beer, after the singing of every strophe of a song then sung, and the in-to-be-pawked must _a tempo_ drink as much. Moreover, it is well understood that the in-to-be-pawked pays for the beer of the in-pawker which is thus drunk.

TITULUS II.

OF THE FORE AND AFTER DRINKING.

Sec. 9. From the Foxes, whether Crass or Brand Foxes, the Beer-bursch is not bound to take a beer challenge; yet can the Brand-fox _nachstuerzen_ (that is, command the person who is going to drink before him, to drink twice the quantity that he proposes). Amongst themselves the Foxes have equal rights.

10. No one must accept a challenge of less than half a choppin, or more than four choppins at once. The graduated quantities of the Comment, are a half, a whole, two, three, and four choppins.

11. The interval between the fore and after drinking of each agreed-upon quantity must be no more than five minutes (that is, the accepter must drink his quantity within five minutes after the challenger). And every earlier challenge must be drunk before the latter one.

12. If four choppins are agreed upon, so must the foreswearer or challenger, drink each choppin separately within five minutes of each other; and not till he has drunk these four choppins, must he take a challenge from another person. Also, the challenger must have first drunk his whole contracted quantity before his antagonist is bound to drink his.

13. He who has a challenge of four choppins on his hands, is not bound to take another challenge till that is drunk out.

14. If a challenge is made, and the challenged excuses himself on the plea that he has already four choppins to drink, the challenger is justified in obliging the challenged to show him each of those four allege choppins as he drinks them.

15. If a challenge is given, and the challenged _nachstuerz_, the quantity, (that is, insists that it shall be doubled,) the challenger is obliged to drink the doubled quantity.

16. The challenged may not more than double the quantity proposed by the challenger.

17. The _nachstuerz_ become invalid the moment the prescribed quantity exceeds two choppins, except in a challenge _a faire_.

18. If one pauses during the drinking, leaves a Philistine in the glass, (that is, if he leaves the bottom of the glass still covered with beer,) it is to be considered that he has not drunken his quantity, and he must instantly drink another in the proper manner.

19. The case is the same when an umpire declares that so much beer has been spilt in the drinking as would cover the bottom of the glass.

20. In every quantity which is drunk in successive portions, the Secs. 18 and 19 shall apply to the party whom the umpire shall have declared to have drunken informally.

21. As well in the fore as the after drinking, the antagonist can select an umpire, who, if he judges that the fore or after quantity is deficient, must see that it is made complete, and that it is properly drunken.

22. No one is bound to accept a challenge of more than one choppin at a time out of a vessel which will hold more; unless the two drinkers agree differently between themselves.

TITULUS III.

OF ANSCHISS-SAUFEN; OR DEFINING OF WHAT ARE PENAL CASES IN DRINKING.

Sec. 23. Foxes, whether Crass or Brand Foxes, may neither _touche_ an honourable Beer-bursch in beer, that is, challenge him to a beer contest; nor, if he be challenged by an honourable Beer-bursch, may he _nachstuerz_, or double the quantity. If one of them does this, then must he be _verdonnert_,[50] or condemned in thunder, to pay for a _viertel_, that is, sixteen choppins. The Foxes have also here equal rights amongst themselves.

24. The degrees of the beer challenges are the following:--A Learned Man stands for a half-choppin; a choppin is a Doctor; two choppins, a Professor; three choppins, an Amtmann; four choppins, a Pope.

25. If any one has given his cerevis, that is, made an assertion on his beer-word against another, and it cannot be proved who has given his cerevis wrong, so must the two drink out a Learned Man--such cases, however, excepted as are before the Beer-court.

26. No one is bound to accept _ex abrupto_ more than a _Learned Man_; yet must the Foxes accept, _ex abrupto_ every challenged _Doctor_, from an honourable Beer-bursch.

27. The provoker to a beer-challenge must be challenged within five minutes. If he will double on the challenge, he must do it immediately, and according to the fixed gradations of Sec.24.

The settling of the challenge must be completed within five minutes after the challenge is given; and the drink-duel must be immediately contested, if the challenged has not yet an older scandal[51] to defend.

28. Every earlier scandal must take precedence of a later. If any one asserts that he has yet an earlier scandal, he must name the person with whom it depends. The antagonist has a right to name an umpire, who must take care that the scandal is effaced in its regular order, or otherwise the umpire must write the name of the first on the beer-table with the penalty belonging to the offence.

29. The proceeding in fighting out a scandal is as follows:--Each pawkant or combatant appoints a second, of whom the seconder of the challenger, on his cerevis, makes the weapons equal. If the weapons, however, appear unequal to the other second, he can call an umpire, who decides whether they are equal or not. If the umpire declares that the weapons are not equal, he who calls the umpire, has, after the scandal is fought out, to propose the proper penalty for the second who failed to make the weapons equal, according to Sec. 131, No. 11 (a).

30. At the place of the challenged the weapons are made equal, and the beer-scandal is there fought out.

31. If the weapons are equal, the second of the challenged gives the following commando, "Seize it! put to! loose!"

32. Before this commando, the drinking must not begin; and should it begin, either of the seconds must cry halt, and the weapons must be again made equal. But halt cannot be cried after the word "loose" is given.

33. Both parties must drink instantly on the command being given, whereupon the commanding second, after both have drunk, first declares his judgment, and then the other second either admits this judgment or not. If the latter be the case, so the seconds themselves must drink off a Learned Man, be the quantity what it may for which they stood seconds, except in the cases stated in Secs. 34 and 35.

34. Drinks not one of the two combatants on the given commando, the prescribed quantity, or bleeds he, or pauses during the drinking, or leaves a Philistine in the glass; so is he a defaulter, and must, within five minutes, drink once more the prescribed quantity. If he do this not, he is put under the beer-bann, and the quantity which he has failed to drink is written on the beer-tablet against him.

35. He is equally a defaulter if he breaks his glass in setting it down, or overturns it, except, in the last case, he can set it up again before his antagonist is ready.

36. Every one must second the moment he is called upon to do so; yet if one second be a Beer-bursch, he is not obliged to accept a Fox as his opposite second. If any one refuses, without a sufficient ground of excuse, to become a second, he is to pay the penalty of a viertel.

37. The parties concerned in a beer-scandal, must, neither with one another, nor with others, engage in a fresh scandal, neither can others engage them in such. But should this happen, the provoker must immediately revoke, or be condemned to a viertel.

38. The beer-scandal arising between seconds, as in Sec. 33, is to be fought out in manner following: The second who declared himself first, names his umpire, before whom the scandal is to be fought out, and through whose declaration it is to be concluded.

TITULUS IV.

OF ENGAGEMENT A FAIRE.

Sec. 39. The engagement _a faire_ is the contract between two to measure themselves in beer drinking.

40. Those who will make an engagement _a faire_, must let this be proclaimed clearly three times by a beer-honourable Beer-bursch; whereupon all who are already concerned with these parties in a beer-scandal, may state their claims, so that they may fight out their scandals with them before this new engagement comes on.

41. Both combatants must, at least, empty one choppin in every five minutes, or be the quantity greater they must still do the same.

42. Neither of these combatants may accept any thing from a third, nor fore-drink to him; neither may they provoke to a fresh scandal or be provoked to it. Those who do, fall under the penalty of a viertel.

43. They may not officiate in beer-affairs; nor be seconds, witness, nor umpires; nor sit in the Beer-comments, nor convoke, or cause such to be convoked; they may not aid in removing the beer-bann, or drink with him from whom it is to be removed, otherwise they are condemned to a viertel.

44. This Beer-strife is ended by one or the other declaring that he can drink no more, but not by agreement to drink no more. He that yields must quit the kneip within five minutes, or will be condemned to two viertel. Besides this, he is regarded as under the bann for the rest of the day; but during the five minutes that he stays, he is not obliged to accept any fresh challenge.

45. The conclusion of the Beer-strife shall in the same manner as its commencement, be loudly proclaimed by a beer-honourable Beer-bursch.

TITULUS V.

OF THE DECLARATION.

Sec. 46. If any one has no desire to either fore or after drink, or to concern himself in beer-suits, he must cause this to be declared by a beer-honourable Beer-bursch. If from the beginning he drinks no beer at the kneip, he need not declare himself.

47. He who receives this declaration is bound to proclaim it aloud.

48. The declared may not be challenged in beer. Should this happen, the challenger must instantly revoke, or he will be condemned in a viertel. If the declarer challenges, he falls under the same penalty.

49. If any one has already drunken beer in the kneip, and then says, without having declared himself, that he goes away, he must not accept a challenge. But if he remains in the kneip five minutes after this declaration of going away, then every one can fore-drink him; and in so far as he does not after-drink according to the regulations, he may be mulct.

50. Each declaration can then only be accepted, when the declarer has drunk out all his contracted quantities, and all scandals in which he has been engaged have been fought out.

51. He who in the commencement of a kneip declares that he is unwell, is for the evening declared, but he cannot during that evening take back his declaration.

52. If a declarer appears before the Beer-convention as a complainant, he must bring two witnesses.

53. The declaration is removed:--

(1) Through fore or after drinking of any quantity, even should the declarer use the proviso, "without prejudice to my declaration."

(2) By making a counter declaration.

(3) By the declarer mixing himself in beer-suits.

54. They mix themselves in beer-suits, who--

(1) Demand or give the cerevis.

(2) Sit in a Beer-convention; witness, call a Beer-convention, or cause it to be called.

(3) Is an umpire, a second in a Beer-scandal, or drinks with him who is to be released from the bann.

(4) Who challenges in beer.

(5) Who engages himself with another _a faire_.

TITULUS VI.

OF THE UMPIRES.

Sec. 55. A beer-honourable Beer-bursch only can be an umpire.

56. Every one must obey the call to be an umpire, unless he can advance some available excuse. If, without being able to do this, he declares, he must be mulct in a viertel.

57. If a Fox accepts the office of an umpire, he falls under the penalty of a viertel.

58. The umpire may stand with none of the parties in a beer-scandal; but should this be the fact, the case cannot stand over, but another umpire must be called.

59. When an umpire is called forth, he cannot be challenged of any one: the offender in this case is punishable with a viertel.

60. If any one holds the judgment of an umpire to be unjust, he is at liberty to summon him before a Beer-convention; but this must be done before the quantity which has been made equal by the umpire, is drunken.

61. The umpire can always be called before the Beer-convention, on account of his decisions, except when he pronounces the penalty incurred in the act of releasing one from the bann, or upon him who drinks with him; in which case the condemned person cannot appeal to a General Beer-convention.

62. If the decision of the umpire is declared unjust by the Beer-convention, he goes into Beer-banishment; but if that be not the case his accuser is without further procedure condemned to Beer-banishment.

TITULUS VII.

OF THE BEER-CONVENTIONS.

(_a_) OF THE SPECIAL.

Sec. 63. The Beer-convention is that competent Board which is called by a beer-honourable Beer-bursch, in order to decide upon a fact before it, of a nature to be punished by a beer-penalty, or on other beer-business. It consists of three Beer-honourable beer-burschen.

64. A Fox may not sit in a Beer-convention; if he dares to do that, he is to be be-thundered in a viertel. He falls under the same penalty if he calls a Beer-convention.

65. So soon as a Beer-convention is called, the functionaries and all parties concerned must neither _touche_, _foreswear_, nor fore nor after drink so long as the business lasts. As little may this be done by another person towards them. Whoever violates this rule is regarded as a disturber of the convention.

66. The Beer-convention being called, is conducted as follows. The beer-judge summons the accused; the accuser then lays the case before the court, which he confirms on his cerevis, which the convention demands from him, and makes his petition. Hereupon he names his witness, who is questioned on the alleged fact, and his cerevis also taken upon it.

67. The accused is now required to bring forward his defence; whereupon the convention also demands his cerevis, and his witness is heard, also on his cerevis.

68. Accuser and accused, as well as every one of the judges, have the right to demand that the witnesses of both parties state the facts upon which they give their cerevis, fully.

69. When the two parties, with their witnesses, have been heard in this manner, the beer-judge demands whether either party has yet any thing further to advance. If this is not the case, the minutes are closed, and the judge immediately pronounces his judgment.

70. The beer-judges give their judgments in the same order of succession in which they were called to be judges by the accuser. The last-voting judge must, on a penalty of a viertel, within five minutes after the closing of the minutes, write on the beer-table the name of the be-thundered, or appellant.

71. The agreeing judgments of two beer-judges constitute a sentence, with the exception of the cases in Secs. 81 and 84.

72. No beer-judge is allowed to state publicly the grounds of his judgment, when he gives that judgment.

73. No beer-judge may give his vote before the examination is concluded, and the minutes closed. If he fails in this respect, either of the parties can expel him from the Beer-convent. In this case, the accuser has to call another judge. The same is the case when a beer-judge closes the minutes before the examination is complete. If the case is disputable, the party who has the right to expel, may call an umpire, who shall decide.

74. If the Beer-convention has cited the accused, and he omits to appear and make his defence, he is, on that account, held to be convicted.

75. No one can refuse to be a beer-judge because he would act as witness to the accused; but the accused can object to a judge, in case he takes the office, being received as his witness, but this, at the latest, must be done before the examination of the witness of the accuser had been heard, upon which the accuser must choose another judge.

76. The accuser must put in his petition before his witness is heard. A petition once put in, cannot be changed. If the accuser puts in a false one, or none at all, the case will be decided in favour of the accused.

77. Every accusation must be confirmed by the witness or the beer-tablet. If this is not the case, the accusation is nullified, and the accuser is nonsuited.

78. If the assertions of both parties are positive, the judge must decide in favour of the accused.

79. An assertion is negatived when it totally contradicts the fact of the opponent without supplying another fact, which supersedes the first fact.

80. Every beer-honourable student, be he Fox or Beer-bursch, can appear as witness before a Beer-convention.

81. A witness becomes amenable to punishment by giving false evidence on his cerevis. Whether he has given a false cerevis remains for the Beer-convent to decide, before which he has appeared as witness, which, without further proceeding, can immediately be-thunder him as beer-banned, and mulct in a viertel; but this requires that all the Beer-judges shall be unanimous.

82. Each party may only call three witnesses in succession. If none of these speak out satisfactorily, it is to be held that he has no witness. For the rest, neither party can present more than one sufficient witness in support of its assertion.

83. Such witnesses as were not present at the fact on which the Beer-convention has to decide, are held as false witnesses.

84. Intruding witnesses; that is, such as without being called by name as witnesses by the parties, offer themselves as witnesses, shall not be accepted, and are to be punished with the beer-bann. The judges must, however, be unanimous on this head.

85. A beer-judge having once given his vote cannot recall it.

86. No beer-judge can, during the proceedings, speak to any of the parties concerned, out of the regular course of inquiry. He who does this is punishable with a viertel.

87. In no case is any one allowed to disturb the proceedings. He who does this for a fourth time, having thrice been ordered to be quiet, is to be be-thundered by the same Beer-convention to the Beer-bann, and penalty of a viertel without further delay. The beer-judges must, however, be unanimous.

88. When a punishable fact is not laid before a Beer-convention within three days, it cannot be laid at all, unless the actual absence of accuser or accused creates sufficient hindrance. But a cerevis given for a future day, or which requires time to prove whether it may not be false, forms an exception. Farther, a cerevis given for a future day is not nullified by a Beer-bann falling between that time and the time for which it is given.

89. A Beer-convention may only be postponed three days, and only then when the witness of the accused is absent.

90. If one is accused on account of a quantity not drunken at the right time, or not drunken at all, the said quantity is to be added to the penalty in his be-thundering.

91. If a quantity has been fore-drunken to the be-thundered, before the commencement of the Beer-convention, which he has not after-drunken, then must they who have fore-drunken this quantity on his be-thundering show this same quantity to the Beer-convention, corroborating their assertion with their cerevis and a witness, whereupon also this must be added to his Beer-penalty.

92. The same is the case when he has contracted a beer-scandal with any one before the Beer-convent sate, and has not fought it out: but the latter party with whom he has made this contract, must drink the prescribed quantity before the Beer-convent.

93. Not more than one Beer-convent can be called over one and the same person on account of the same fact, except if a Beer-convention is postponed; or a Beer-convention being called, is rendered null by a Fox, or one under Beer-bann having been called upon it, and in it having sat.

94. A Fox may neither for himself nor for another call a Beer-convent, but he must procure this to be done through a beer-honourable Beer-bursch. The last can, however, call himself as one, in case other beer-honourable Beer-burschen are wanting for the Beer-convention.

95. Only one Beer-convention may be called at the same time in the same kneip.

(_b_) OF THE GENERAL BEER-CONVENTION.

96. The general Beer-convention, which must consist at least of five Chore Burschen, is the highest and last Court of Appeal; and therefore its decision is final and unalterable.

97. Every Saturday evening, at an hour fixed in the beginning of each course, is the General Beer-convention held, to which every Verbindung then existing in Heidelberg, must send a Chore-bursch, who must, however, be a beer-honourable Beer-bursch. Should less than five Chores exist, the S. C. must take care that still five beer-judges must sit in the General Beer-convention.

98. These judges must assemble themselves, at the appointed hour, at the kneip of the Secretary, under the penalty of a quarter-crown for coming late, and of a half-crown for not coming at all. A beer-judge comes late when he is not present on the striking of the fixed hour.

99. In case that, at the fixed hour, the Beer-judges of all the Verbindungs are not present, five beer-judges are sufficient to open the court and proceed to business.

100. When the required number of beer-judges are present, the Beer-convent must be opened with the stroke of the appointed hour. If they find no appellant, they must wait half-an-hour. If no one appears at the expiration of this time, the judges are authorized to withdraw.

101. If, after the expiration of this half-hour, five judges agree to wait longer, they can still represent the General Beer-convention; but the General Convention must be closed at the end of an hour, unless instantly occurring and pressing business make that impossible.

102. It is free to the accuser as to the accused to appeal to the General Beer-convention, against a sentence of the Special Convention; but this must be done within five minutes after the declaration of the sentence, and the judges concerned must be cited at the same time. The appeal must come on at the General Beer-convention, at the fixed place, the next Saturday evening.

103. If the appellant exceeds this time, without being able to show the impossibility of then proceeding with the business on which the Beer-convention has to decide, he loses the right to appeal, and moreover, must pay a viertel. If on the contrary, one cited to appear before the General Beer-convention is prevented, he can, though a proxy, bring forward his excuse; upon the acceptance of which the General Beer-convention is to decide. If it finds the excuse satisfactory, the business stands over to the next General Beer-convention.

104. An appeal to the General Beer-convention can indeed be revoked, but this must be done within five minutes after declaring an intention to appeal, and, in fact, before a Beer-convention called for the purpose. If it he revoked later, the revoker must pay a viertel.

105. He is excluded from the right to appeal to a General Beer-convent who has been declared to be a false or intruding witness by a special Beer-convention, and is, on that account, be-thundered; and so is he also who has more than three times disturbed the proceedings of the Special Beer-convention.

106. The proceedings of the General Beer-convention in matters laid before it, is the same as that of the Special Beer-conventions, with the following exceptions. If the parties cited before the General Beer-convention do not appear, nor appoint proxies, they may, after the accuser has made his complaint, and corroborated it by witnesses, be punished for contempt of court.

(1) Moreover, any one who has to appear before the General Beer-convention, must present himself before the table with uncovered head.

(2) No beer-judge of the General Beer-convention is bound to take a beer-challenge from any one while he sits in the General Beer-convention.

(3) The General has the right to punish with the punishment, for the disturbance of Beer-conventions, prescribed by the Comment, any one who, during one and the same proceeding, shall have broken the silence enjoined four times; and he who more than four times shall have broken the same, shall, moreover, be reported to the S. C. and by it be fined a half-crown.

107. The majority of voices decides here, as in the Special Beer-conventions. Is the number of the represented Chores equal, the representative of the Chore to which the secretary belongs gives the casting vote.

108. No appellant can lay his complaint before the General, till he has set before it a viertel; but, in case he carries his charge through, he has the right to name one of the condemned to the General, who shall reimburse him this viertel.

Should the accused be be-thundered, so go they every one into Beer-banishment, and have two viertels to set forth; but that viertel which has been reimbursed by one of them to the accuser is reckoned off.

If the appellant is cast, he is equally condemned to two viertels. But as he has already set one viertel before the General, he is only written down on the beer-tablet one viertel. If he was the accuser before the Special Beer-convention, the General has to give its commission, to wipe him out from the beer-tablet, and to write him down as chargeable with a viertel under its order. If he was the accused, so must he, according to the commission of the General, be wiped out of the beer-tablet with the B. A., and with the prescribed penalty of the Special Beer-convention, together with the new viertel, be written down on the beer-tablet, under the order of the General.

The appointed penalties are written down in the Special Chore-kneip.

109. During the vacation, the number of five beer-honourable Beer-burschen are authorized to represent a General Beer-convention, without respect to Verbindungs. Such a General Beer-convention in the vacation, must be called within eight days, or, otherwise, if no sufficient grounds of excuse are brought forward, the sentence of the Special Convention remains in full force; the appellant is be-thundered, and the right to further appeal is lost.

TITULUS VIII.

OF THE BEER PENALTIES.

I. SIMPLE.

(_a_) OF THE BEER-BANN.

110. The Beer-bann is that punishment by which the beer-honourable student, while he is be-thundered to four choppins, loses all his beer-rights in the Special Kneip in which he stands inscribed.

111. The Beer-bann, besides the loss of all beer-rights, has also this consequence, that the be-thundered, neither mediately nor immediately, can bring his beer to the table where the Beer-honourable kneip. Should he do this, every beer-honourable is at liberty to throw the beer of the be-thundered upon the ground.

112. The beer-banned appellant, indeed, equally forfeits all beer-rights, yet can he bring his beer to the table where the beer-honourables kneip, and he may not be called a beerschisser, or beer-banished-man, and can for and after drink with any beer-honourable that he can engage to do so.

113. But on account of such quantity either for or after drunken, a Beer-convention cannot be called by either party.

114. No beer-honourable is allowed to either fore or after drink with a beer-banned man; does any one this, he goes into beer-banishment.

115. A beer-banished man can never be called before a Beer-convention and be be-thundered on account of a fact which renders him liable to beer-banishment, but only on one which renders him liable to pay a viertel. He then renders himself liable to a viertel when he calls a beer-honourable, or a beer-banned appellant, a beerschisser.

116. If any one perpetrates an act against a beerschisser, which renders him liable to a setting forth of a viertel, the beerschisser can call this person before the Beer-convention, but he must do it through a beer-honourable Beer-bursch, and lay his complaint through the same, strengthening also his accusation by two beer-honourable cerevises.

117. A term of eight days is appointed to the beerschisser (the beer-banned) from the day of his be-thundering, during which time he must cause himself to be fought-out in the following manner. If he exceeds this term, and that without special grounds of excuse, as sickness or absence, he is be-thundered in two viertels; which penalty, from eight days to eight days, if he does not fight himself out, is doubled.

118. The fighting cutis in this manner. The beerschisser, who will fight himself out, requests a beer-honourable Beer-bursch to call his name out in the kneip on whose beer-tablet he stands inscribed; but this can only be done in the presence of three beer-honourable Beer-burschen. The out-fighter must at every one of the four choppins, three times slowly and formally demand who will drink them with the beerschisser. The fighter-out is not an umpire. If any one is not satisfied with the proceedings of the fighter-out, this last must name an umpire.

119. The beerschisser must from five minutes to five minutes drink each of the choppins.

120. If any one announces that he will drink a choppin with the beerschisser, this person must name an umpire, who must make the weapons equal, and who, as in a Beer-scandal, has to command.

Each one to be fought-out has at least two choppins to drink.

If two out of the whole four choppins are not yet accepted the fighter-out has to drink out the remaining quantity with the to-be-fought-out person, in the regular time, and in the presence of an umpire.

121. He who, as umpire, has commanded during the last choppin which the beerschisser, as such, drinks, must immediately proclaim him three times loudly and formally in the kneip as beer-honourable.

In case the beerschisser has already drunk two choppins, and no one announces himself for the fourth, the fighter-out has this duty to perform.

The order must, at the same time, be given, and where it is possible, to a Fox, to wipe the beerschisser from the beer-tablet.

If the umpire proclaims the out-to-be-fought as beer-honourable too early, or too late, he himself goes into beer-banishment.

122. Both parties must drink at once, on the word of command. If the beerschisser does this not, he is be-thundered to a viertel; if the other, who, according to the declaration of the fighter-out, has to drink with the beerschisser, drinks not at the same time, he goes into beer-banishment.

123. If the beerschisser does not drink, after the command is given, his choppin in the five minutes, he continues a beerschisser, and the choppin not drunken by him is written on the beer-tablet in addition.

124. In all these cases the commanding umpire has the right to pronounce the penalty on the defaulters, without further proceeding, and cause them to be written on the beer-tablet, nor can he for this be called to account.

125. If one has been be-thundered on account of an unperformed quantity of fore or after drinking, he must drink the quantity still due, from five minutes to five minutes, after he has again been declared beer-honourable.

126. This must be done before those whom he has to drink after; or, should they be absent, before two beer-honourable witnesses.

127. The beerschisser has all the choppins that have been drunken with him during the fighting-out by the out-fighters immediately to pay for.

128. If the beerschisser has requested any one to call on him to be fought-out, he cannot again revoke the call; if he does this, he is mulct in a viertel.

129. The beerschisser has the right, during the pawking, or fighting-out, to have the beer necessary for the out-pawking upon the table at which the beer-honourables kneip.

130. Only one beerschisser can be pawked-out at one time.

131. He goes into beer-banishment--

(1) Who gives a false cerevis.

(2) Who offends against Sec. 34.

(3) Who permits a beer-touche, or provocation, to stand against him beyond the regular time, and neither challenges, fixes the time, nor fights out, without having any sufficient ground of excuse to give. The sufficient grounds are--

(_a_) Older scandals, but not fore or after drinking quantities.

(_b_) If he has received no beer, spite of its having been immediately ordered, after challenge or fixing of the time has taken place.

(4) Who has declared a beerschisser, either by word or deed, to be beer-honourable. This happens through--

(_a_) He who contracts a scandal or fights one out with a beerschisser, and kneips with him in beer; that is,

(a) He who fore or after drinks with a beerschisser. (Sec. 114).

(_b_) He who has his beer standing on the same table with that of a beerschisser.

(_c_) He who plays with a beerschisser at a beer-play.

(_d_) He who with the beerschisser pours out of the same vessel, or drinks with him out of the same glass.

(b) He who "catches out"[52] a beerschisser in the kneip, where the same stands inscribed as beerschisser on the beer-tablet.

(c) He who calls a Beer-convention upon a case against a beerschisser, which does not render him liable to a penalty of a viertel. (Sec. 115).

(d) He who submits to the same a beer-case for decision, or calls him as witness.

(e) He who too early proclaims the fought-out, beer-honourable. (Sec. 121).

(5) He who too late declares the fought-out, beer-honourable. (Sec. 121).

(6) He who calls a beer-honourable, or a beer-banned-appellant, a beerschisser.

(7) He who does not set out the appointed quantity within eight days.

(8) He who in pawking-out a beerschisser commands on a bad choppin.

(9) He who ought to drink with a beerschisser in his out-fighting, and does not drink at the right time, or drink at all.

(10) He who makes a quantity common; that is, fore or after drinks a quantity with a third person also, which he ought to drink with one only.

(11) The umpire whose decision before a Beer-convention is declared to be unjust (Sec. 62).

(12) The second who has to make the weapons equal, but who, according to the decision of a called-up umpire, has unjustly declared them to be equal.

(_f_) He who declares the decision of an umpire to be unjust without being able to show that it is so.

(13) Intruding witness. (Sec. 62).

(14) He who does not call a Beer-convention on account of a fact which is directed against himself, and which is punishable with beer-banishment.

(15) He who does not within five minutes drink the quantity dictated to him by the President of the Beer-convention. (Sec. 146).

(B.) OF SETTING FORTH BEER.

Sec. 132. Every viertel to be set out (that is, four measures, four jugs, or five bottles) is written down on the beer-tablet, and must within eight days, be set before a Beer-convention. He who exceeds this term, goes into beer-banishment. The Beer-convention which has be-thundered him, has at the same time to give the order that he and this quantity be wiped off the beer-tablet, and that he be written down anew under this date.

133. The Beer-convention, and he who sets it out, have equally participation in this beer, and should the setter-out be a Fox, he too, who called the Beer-convention for him; but the Beer-convention can, if it please, make this quantity over to the General company.

134. A viertel must set-out--

(1) The Fox who _touches_, or provokes a beer-bursch to a challenge in beer, or in a beer-challenge doubles on him. (Sec. 23.)

(2) The Fox who has called a Beer-convention, or sits in one. (Sec. 64.)

(3) The Fox who becomes an Umpire. (Sec. 64.)

(4) The Fox who touches the beer-cudgel of the President in a Beer-commers.

(5) Every one who, being called on to second, refuses without sufficient ground. (Sec. 36.)

(6) He who offends against Sec. 37.

(7) He who offends against Secs. 42 and 43.

(8) He who touches in beer a Declarer, and does not immediately revoke the touche. (Sec. 48.)

(9) A Declarer who touches another who has not declared. (Sec. 48.)

(10) He who refuses without justifiable ground to act as umpire. (Sec. 48.)

(11) He who cribs beer in drinking, or spills the beer of another, or fouls it.

(12) He who forgets his Smollis.[53]

(13) He who touches an Umpire, knowing him to be such.

(14) He who insults or calumniates a Beer-convention.

(15) He who declares the decision of a Beer-convention to be unjust; but this shall not include the appeal to a General.

(16) The Beer-judge who offends against Sec. 34.

(17) He who declares that he will appeal to a General, and yet does it not on the proper day. (Sec. 103.)

(18) He who has declared that he would appeal to a General, but makes this later than five minutes after his declaration. (Sec. 104.)

(19) The beerschisser who sits in Beer-convention, or at all acts in beer-suits.

(20) The beerschisser who, after he has allowed himself to be called upon to be fought-out, revokes. (Sec. 128.)

(21) The beerschisser who in the fighting-out does not drink in time. (Sec. 122.)

(22) The beerschisser, who calls a beer-honourable or beer-banned-Appellant, a Beerschisser. (Sec. 115.)

(23) He who alters or writes down any thing on the beer-tablet, or expunges any thing, without the right to do it (Sec. 136.)

(24) He who writes down, by his own fault, the name of the be-thundered, or of the accuser-appellant, wrong. (Sec. 139.)

(25) The be-thundered or accuser-appellant who purposely spells his name wrong to the writer-down. (Sec. 139.)

(26) He who, indeed, writes down the name of the be-thundered, or of the accuser-appellant on the tablet correctly, but who states a false date or a false quantity.

(27) He who does not convey the commission of writing down or expunging within five minutes.

(28) Every one whose duty it is to write down or expunge from the tablet, and does not do this within five minutes.

(29) He who gives to another without due authority, an order to alter, or to write down upon, or to expunge any thing from the tablet. (Sec. 138.)

(30) He who does not call a Beer-convent upon a fact which renders liable to the setting-forth of a viertel.

(31) When one is caught-out--that is, if he lifts the lid of a covered glass (and jugs and bottles are also included) in which so much beer yet remains as will cover the bottom, so far that another can insinuate his hand between the vessel and the lid, and thereupon cry "caught-out;" or when one is caught-out who covers an empty glass, though this latter person is under no necessity to cover the empty glass again.

(32) He who catches out without cause--that is, he who catches one out, who in the lifting of his lid has said--"without catching-out;" or who, while the beer is pouring puts his hand between; or who makes an erroneous catching-out with an empty glass.

(33) He who speaks ill of any of the Faculties.

II. SHARPER BEER PENALTIES.

Sec. 135. The sharper beer-penalty is, when any one is be-thundered at the same time to more than one viertel, or to beer-banishment and beer-setting-forth.

(_a_) HE IS CONDEMNED TO MORE THAN ONE VIERTEL,

(1) Who offends against Sec. 44.

(2) The accuser who, going before the General, fails to make good his accusation, and is mulct in two viertels. (Sec. 108).

(3) The Beerschisser, who does not cause himself to be fought-out within the proper period, falls under the penalty of Sec. 117.

(_b_) THEY ARE CONDEMNED TO BEER-BANISHMENT AND BEER SETTING-FORTH:

(1) False witnesses, (Sec. 81.)

(2) Those who disturb the proceedings of the Beer-convention for the fourth time, either by speaking, crying out, singing, or whispering to one another, after silence has been three times commanded. (Secs. 87 and 106.)

(3) All those who act contrary to Sec. 65.

(_c_) THEY ARE CONDEMNED TO THE SETTING OUT OF TWO VIERTELS AND TO BEER-BANISHMENT.

(1) The Beer-judges whom the General Beer-convention reproves.

(2) He who abuses this Beer-comment, or alters any thing in it.

TITULUS IX.

OF THE BEER-TABLET.

Sec. 136. In every special kneip a Beer-tablet is to be hung up; upon which the names of Beerschisser, Viertel-out-setters, and Accuser-appellants are written, under different rubrics, with addition of their respective dates and quantities.

137. No one may write any thing upon the Beer-tablet, alter, or expunge any thing, who has not received a commission to that purpose, from a beer-judge, an umpire, a president of a beer-commers, or from one who has declared the Beerschisser to be Beer-honourable.

138. He who has received the commission for expunging or writing down, must do this within five minutes: otherwise he is be-thundered in a viertel. He who gives an unauthorized commission falls under the same penalty. But in this case, he who has received the commission to write down or expunge, is not punishable.

139. If any one has received a commission to write down a be-thundered in the Beer-tablet; but the be-thundered declares that he shall appeal to the general Beer-convention, the writer-down must note this by the addition of the two letters B. A. under the name of the be-thundered. So also the writer-down must place in the proper rubric him who has proceeded as accuser before a special Beer-convention, and declare that he will appeal to a General one.

140. Every one who has received a commission to write any one down in the Beer-tablet, has a right to ask the same how he writes his name, whereupon that person must clearly spell it out to him. If the commissioner does not ask the name of the to-be-written-down, or has this person spelt his name out rightly to him, and he yet, in both eases, write it down wrong, he is thereupon be-thundered in a viertel, without in this case the one to-be-written-down being freed from his penalty. But if the to-be-written-down gives him his name wrong, then he falls under the penalty.

141. He who has written down any one with authority on the Beer-tablet, and has written him down wrong, is to be called before a future Special Beer-convention. This Beer-convention has to take care that the fault of him who received the commission be amended.

[The remainder of this Beer-Comment is given in the chapter describing a Commers.]

FOOTNOTES:

[Footnote 1: The author here makes no charge against the great numbers of high-minded and gentlemanly young men who pass through, and confer distinction on, our universities; but, as before observed, alludes only to that class and those parties, which are not only depicted by the Westminster Review, but so fully described by the Editor of the Quarterly Review, in "Reginald Dalton."]

[Footnote 2: The term _Rechtspracticant_ implies the commonest, the lowest, and most tedious stage of a statesman's career: in fact, while he is acting as a clerk or pupil in the amtmann's office, he acquires _practical_ knowledge of the administration of justice.]

[Footnote 3: The words in the original are "on their Cerevis," a student term, "on their beer;" meaning, in the beer-court, on their honour.]

[Footnote 4: Inhabitants of the Marsch.]

[Footnote 5: In the Graffschaft Mark.]

[Footnote 6: Play on the grandiloquent words of Kotzebue.]

[Footnote 7: About a pint.]

[Footnote 8: Probably to prevent Kotzebue's retreat.]

[Footnote 9: No person in Germany can fill any office in a state, not even that of a postmaster, or captain of police, nor follow any of the high professions, those of law, divinity, and physic, after he has passed his college examinations, and taken his degree, without having undergone another examination before a board expressly appointed by each state.]

[Footnote 10: The founder of the Orphan-House.]

[Footnote 11: The established word for shirt-collar in Germany is the very odd one of Vater-moerder, literally "Father-killers;" and they are said to have acquired this name from an anecdote manufactured on their first introduction, in order to ridicule their extravagant size and stiffness, as worn by buckish young men. It was said that so large and stiffly-starched had a young student his collar, that when he went home, in rushing to embrace his father, he run him through the neck with the point of it, and killed him on the spot.]

[Footnote 12: This word, to suit the air, must be pronounced postilyon, with a strong accent on the last syllable.]

[Footnote 13: Cicero, humorously here thus pronounced, because a party among the classics insist that it was anciently so pronounced.]

[Footnote 14: Labours hard, like an ox.]

[Footnote 15: As we have no word or short phrase in English to express this German custom, we retain their own term, which means touch your glasses together; their mode of expressing civility, as in our drinking to each other, and used by them on all occasions of festivity and rejoicing, as in giving a health, a vivat, or a toast.]

[Footnote 16: The Chore colours.]

[Footnote 17: A dandy.]

[Footnote 18: While translating this passage, the tidings have come across the river, that a student is shot dead in the wood opposite to my windows behind the Hirsch-gasse, in a duel with pistols.--Tr.]

[Footnote 19: In English money, from about three to seven pounds.]

[Footnote 20: The bell which it rung at a quarter to eleven at night, at the hearing of which all persons are to evacuate public-houses, and betake themselves home.]

[Footnote 21: The university of Heidelberg.]

[Footnote 22: The everlasting subject of regret to the merchant in Kotzebue's comedy _Pagen-Streiche_.]

[Footnote 23: Because it was the Burschenschaft riband, and therefore a great desecration to be worn by a Knoten.]

[Footnote 24: A well known Wirthshouse.]

[Footnote 25: A Besom is a girl.]

[Footnote 26: The Senior.]

[Footnote 27: Schools in which all the real and practical branches of education necessary or advantageous to the business of life, are taught, in contradistinction to the ideal and more ornamental branches, as literature, metaphysics, the more critical prosecution of the classics, etc.]

[Footnote 28: These are not to be confounded with common Gewerb-schools, which are merely for mechanics: by keeping in mind the _Higher_ Gewerb-school, the distinction is clear.]

[Footnote 29: Right of matriculation in the universities on the ground of the applicant having properly matured his studies in the Gymnasium.]

[Footnote 30: Here the learned author undoubtedly alludes to the universal passion for smoking. Germany is truly, in every sense a _piping_ nation.]

[Footnote 31: This is translated with the same free defiance of rhyme and metre as distinguishes the original, and which may find plenty of parallels in our own old ballads of the people.]

[Footnote 32: States Confederation.]

[Footnote 33: Parliament of a State.]

[Footnote 34: A slanting cut in the left cheek.]

[Footnote 35: Great tun.]

[Footnote 36: A tale of Hauff's under that name.]

[Footnote 37: See the Special Commers.]

[Footnote 38: We have here introduced Koerner's idea for the sake of euphony.]

[Footnote 39: Touching their glasses. The humorous Schluck says that Schmollis is by some derived from the obsolete word Schmollen--to blow one's-self up, to make one's-self great; that is, before another, by drinking. Schmollen, at the same time means to be angry, to make a face, etc.; meanings, however, which are not to the purpose. Others derive it from the two syllables, Schmal aus (schmalus, schmollis,) equivalent to clean out, that is, the glass to the last drop, as the old song says--"There remains not a nail's proof even within."]

[Footnote 40: Remark of the translator of Schluck's Latin. "This is false. No real student does pay his shot."]

[Footnote 41: A stick, or rather a cudgel, but a rapier is the most reasonable.]

[Footnote 42: Inn.]

[Footnote 43: Lateinisch (Latin.)]

[Footnote 44: Buerger's Abbot, with the king's three questions. The same legend as the Abbot of Canterbury and King John.]

[Footnote 45: The Wirthshaus of Sadler Mueller.]

[Footnote 46: It is a popular expression in Germany when children are rubbing their eyes, a symptom that they are sleepy and ready for bed--that the Sandman has thrown sand in their eyes.]

[Footnote 47: House of the Philistine in which he had lived.]

[Footnote 48: Holidays--the vacation.]

[Footnote 49: College portfolio, which the student is continually carrying about under his arm. With the exception of the sword, this is one of the most striking descriptions of a student of the present day imaginable.]

[Footnote 50: Literally be-thundered.]

[Footnote 51: The cause and matter of the challenge, and the business of the strife itself till decided.]

[Footnote 52: In the Kneip they drink out of glasses with lids. If the user of a glass as he sits so far lifts up the lid that the next person can pass two fingers under, and cries "abgefasst," "I've caught thee out!" the person is said to be "caught out," and pays a penalty in beer. To avoid this, he must when he lifts his lid, say "ohne abzufassen," "without being liable to be caught out."]

[Footnote 53: His agreement with another to thee and thou, and, forgetting it, addresses him as you.]

THE END.

End of Project Gutenberg's The Student-Life of Germany, by William Howitt