§ 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 neithertouche,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 §§ 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.
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.
(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.
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 § 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. (§ 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. (§ 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. (§ 121).(5) He who too late declares the fought-out, beer-honourable. (§ 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 (§ 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. (§ 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. (§ 146).
(1) Who gives a false cerevis.
(2) Who offends against § 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. (§ 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. (§ 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. (§ 121).
(5) He who too late declares the fought-out, beer-honourable. (§ 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 (§ 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. (§ 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. (§ 146).
§ 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 whotouches, or provokes a beer-bursch to a challenge in beer, or in a beer-challenge doubles on him. (§ 23.)(2) The Fox who has called a Beer-convention, or sits in one. (§ 64.)(3) The Fox who becomes an Umpire. (§ 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. (§ 36.)(6) He who offends against § 37.(7) He who offends against §§ 42 and 43.(8) He who touches in beer a Declarer, and does not immediately revoke the touche. (§ 48.)(9) A Declarer who touches another who has not declared. (§ 48.)(10) He who refuses without justifiable ground to act as umpire. (§ 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 § 34.(17) He who declares that he will appeal to a General, and yet does it not on the proper day. (§ 103.)(18) He who has declared that he would appeal to a General, but makes this later than five minutes after his declaration. (§ 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. (§ 128.)(21) The beerschisser who in the fighting-out does not drink in time. (§ 122.)(22) The beerschisser, who calls a beer-honourable or beer-banned-Appellant, a Beerschisser. (§ 115.)(23) He who alters or writes down any thing on the beer-tablet, or expunges any thing, without the right to do it (§ 136.)(24) He who writes down, by his own fault, the name of the be-thundered, or of the accuser-appellant, wrong. (§ 139.)(25) The be-thundered or accuser-appellant who purposely spells his name wrong to the writer-down. (§ 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. (§ 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.
(1) The Fox whotouches, or provokes a beer-bursch to a challenge in beer, or in a beer-challenge doubles on him. (§ 23.)
(2) The Fox who has called a Beer-convention, or sits in one. (§ 64.)
(3) The Fox who becomes an Umpire. (§ 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. (§ 36.)
(6) He who offends against § 37.
(7) He who offends against §§ 42 and 43.
(8) He who touches in beer a Declarer, and does not immediately revoke the touche. (§ 48.)
(9) A Declarer who touches another who has not declared. (§ 48.)
(10) He who refuses without justifiable ground to act as umpire. (§ 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 § 34.
(17) He who declares that he will appeal to a General, and yet does it not on the proper day. (§ 103.)
(18) He who has declared that he would appeal to a General, but makes this later than five minutes after his declaration. (§ 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. (§ 128.)
(21) The beerschisser who in the fighting-out does not drink in time. (§ 122.)
(22) The beerschisser, who calls a beer-honourable or beer-banned-Appellant, a Beerschisser. (§ 115.)
(23) He who alters or writes down any thing on the beer-tablet, or expunges any thing, without the right to do it (§ 136.)
(24) He who writes down, by his own fault, the name of the be-thundered, or of the accuser-appellant, wrong. (§ 139.)
(25) The be-thundered or accuser-appellant who purposely spells his name wrong to the writer-down. (§ 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. (§ 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.
§ 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.
(1) Who offends against § 44.(2) The accuser who, going before the General, fails to make good his accusation, and is mulct in two viertels. (§ 108).(3) The Beerschisser, who does not cause himself to be fought-out within the proper period, falls under the penalty of § 117.
(1) Who offends against § 44.
(2) The accuser who, going before the General, fails to make good his accusation, and is mulct in two viertels. (§ 108).
(3) The Beerschisser, who does not cause himself to be fought-out within the proper period, falls under the penalty of § 117.
(1) False witnesses, (§ 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. (§§ 87 and 106.)(3) All those who act contrary to § 65.
(1) False witnesses, (§ 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. (§§ 87 and 106.)
(3) All those who act contrary to § 65.
(1) The Beer-judges whom the General Beer-convention reproves.(2) He who abuses this Beer-comment, or alters any thing in it.
(1) The Beer-judges whom the General Beer-convention reproves.
(2) He who abuses this Beer-comment, or alters any thing in it.
§ 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.]
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 termRechtspracticantimplies 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 acquirespracticalknowledge 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-mörder, 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 postilyòn, 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 comedyPagen-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 theHigherGewerb-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 apipingnation.
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 Körner'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: Bürger'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 Müller.
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.