October 1.
Lawless Court.
This is the season of holding a remarkable court, which we are pleasantly introduced to by the relation of a good old writer.[361]
“Ryding from Ralegh towards Rochford, I happened to haue the good companie of a gentleman of this countrey, who, by the way, shewed me a little hill, which he called the Kings Hill; and told me of a strange customarie court, and of long continuance, there yearely kept, the next Wednesday after Michaelmas day in the night, upon the first cock crowing without any kinde of light, saue such as the heavens will affoard: The steward of the court writes onely with coales, and calleth all such as are bound to appeare, with as low a voice as possiblie he may, giuing no notice when he goeth to execute his office. Howsoever, he that gives not answer is deeply amerced; which servile attendance (saith he) was imposed at the first vpon certaine tenants of divers mannors hereabouts, for conspiring in this place, at such an vnseasonable time, to raise a commotion. The title of the entrie of the court hee had in memory, and writ it downe for me when we came to Rochford.” Fuller speaks of its running “in obscure barbarous rimes,” which he inserts nearly in the words of the legal authorities who give the following account:—
“Lawless Court. On Kingshill at Rochford in Essex, on Wednesday morning next, after Michaelmas day, at Cocks-crowing, Is held a Court, vulgarly called ‘The Lawless Court.’ They whisper and have no Candle, nor any Pen and Ink but a Coal; and he that ows Suit or Service, and appears not, forfeits double his rent every hour he is missing. This Court belongs to the Honor of Ralegh, and to the Earl of Warwick; and is called ‘Lawless,’ because held at an unlawful or lawless hour, or Quia dicta sine lege. The Title of it in the Court Rolls, runs thus,—
Kingshi in
Rochford.
} ss. C
Vria de Domino Rege,
Dicta sine Lege.
Kingshi in Rochford. } ss. CVria de Domino Rege, Dicta sine Lege.
Tenta est ibidem
Per ejusdem consuetudinem,
Ante ortum solis,
Luceat nisi polus,
Senescallus solus
Nil scribit nisi colis,
Toties voluerit,
Gallus ut cantaverit,
Per cujus soli sonitus,
Curia est summonita,
Clamat clam pro Rege,
In Curia sine Lege,
Et nisi cito venerint,
Citiùs pænituerint,
Et nisi clam accedant,
Curia non attendat,
Qui venerit cum lumine,
Errat in regimine:
Et dum sunt sine lumine,
Capti sunt in crimine:
Curia sine cura,
Jurati de injuria,
Tenta ibidem die Mercurii (ante Diem) proximi post Festum Sancti Michaelis Arch-angeli, Anno regni Regis,” &c.
This Court is mentioned in Cam. Britan, though imperfectly; who says this servile attendance was imposed on the Tenants, for conspiring at the like unseasonable time to raise a Commotion.[362]
Order of Fools.
We are already acquainted with so many whimsies of our forefathers, that any thing related of their doings ceases to surprise; we might otherwise be astonished by the fact, that Folly had an order of merit, and held its great court every year on the first Sunday after Michaelmas-day.
An inquiring antiquary gives some particulars of this institution, with a translation of the document for its foundation, which is preserved in Von Buggenhagen’s “Account of the Roman and National Antiquities” discovered at Cleves. He relates of it as follows:—
To this document are affixed thirty-six seals, all imprinted on green wax, with the exception of that of the founder, which is on red wax, and in the centre of the rest; having on its right the seal of the count de Meurs, and on its left that of Diedrich van Eyl. The insignium borne by the knights of this order on the left side of their mantles consisted of a fool embroidered in a red and silver vest, with a cap on his head, intersected harlequin-wise with red and yellow divisions, and gold bells attached, with yellow stockings and black shoes; in his right hand was a cup filled with fruits, and in his left a gold key, symbolic of the affection subsisting between the different members.
It is uncertain when this order ceased, although it appears to have been in existence at the commencement of the sixteenth century, when, however, its pristine spirit had become totally extinct. The latest mention that has hitherto been found of it occurs in some verses prefixed by Onofrius Brand to the German translation of his father Sebastian Brand’s celebrated “Navis Stultifera Mortalium,” by the learned Dr. Geiler von Kaisersberg, which was published at Strasburg in the year 1520.
Two-fold was the purpose of the noble founders of this order; to relieve the wants and alleviate the miseries of their suffering fellow-creatures; and to banish ennui during the numerous festivals observed in those ages, when the unceasing routine of disports and recreations, which modern refinement has invented in the present, were unknown. During the period of its meeting, which took place annually, and lasted seven days, all distinctions of rank were laid aside, and the most cordial equality reigned throughout. Each had his particular part allotted to him on those occasions, and those who supported their characters in the ablest manner, contributed most to the conviviality and gaiety of the meeting. Indeed we cannot but be strongly prepossessed in its favour, when we recur to the excellent regulations which accompanied its institution, and were admirably calculated to preserve it, at least for a great length of time, from degenerating into absurdity and extravagance.
We must not confound this laudable establishment with the vulgar and absurd practices which, till of late years, existed in many places under the names of feasts of fools and of the ass, &c. These were only national festivals, intended for the occasional diversion, or, as in those days they were termed, rites to promote the pious edification of the lower classes, which, “not unfrequently introduced by a superstition of the lowest and most illiberal species,” soon became objects of depravity and unbridled licentiousness. Of a totally different nature also, and analagous only in quaintness of appellation, were the societies established by men of letters in various parts of Italy, such as the society of the “Insensáte,” at Perugia, of the “Stravaganti,” at Pisa, and the “Eteróclyti,” at Pesaro. Nor can I allow myself to pass over in silence on the present occasion the order or society of Fools, otherwise denominated “Respublica Binepsis,” which was founded towards the middle of the fourteenth century by some Polish noblemen, and took its name from the estate of one Psomka, the principal instigator, near Leublin. Its form was modelled after that of the constitution of Poland; like this, too, it had its king, its council, its chamberlain, its master of the hunt, and various other offices. Whoever made himself ridiculous by any singular and foolish propensity, on him was conferred an appointment befitting it. Thus he, who carried his partiality to the canine species to a ridiculous extreme, was created master of the hunt; whilst another, who constantly boasted of his valorous achievements, was raised to the dignity of field marshal. No one dared to refuse the acceptance of such a vocation, unless he wished to become a still greater object of ridicule and animadversion than before. This order soon experienced so rapid an increase of numbers that there were few at court who were not members of it. At the same time it was expressly forbidden that any lampooner should be introduced amongst them. The avowed object of this institution was to prevent the rising generation from the adoption of bad habits and licentious manners; and ridiculous as was its outward form, is not its design at least entitled to our esteem and veneration?
Patent of Creation of the Order of Fools.
“We all, who have hereunto affixed our seals, make known unto all men, and declare, that after full and mature consideration, both on our own behalf and on account of the singular goodwill and friendship which we all bear, and will continue to bear towards one another, we have instituted a society of fools, according to the form and manner hereunto subjoined:—
“Be it therefore known, that each member shall wear a fool, either made of silver, or embroidered, on his coat. And such member as shall not daily wear this fool, him shall and may any one of us, as often as he shall see it, punish with a mulct of three old great tournois, (livres tournois, about four-pence halfpenny,) which three tournois shall be appropriated to the relief of the poor in the Lord!
“Further, will we fools yearly meet, and hold a conventicle and court, and assemble ourselves, to wit at Cleves, every year on the Sunday after Michaelmas-day; and no one of us shall depart out of the city, nor mount his horse to quit the place where we may be met together, without previous notice, and his having defrayed that part of the expenses of the court which he is bound to bear. And none of us shall remain away on any pretence or for any other reason whatsoever than this, namely, that he is labouring under very great infirmity; excepting moreover those only who may be in a foreign country, and at six days’ journey from their customary place of residence. If it should happen that any one of the society is at enmity with another, then must the whole society use their utmost endeavours to adjust their differences and reconcile them; and such members and all their abettors shall be excluded from appearing at the court on the Friday morning when it commences its sitting at sun-rise, until it breaks up on the same Friday at sun-set.
“And, we will further, at the royal court yearly elect one of the members to be king of our society, and six to be counsellors; which king with his six counsellors shall regulate and settle all the concerns of the society, and in particular appoint and fix the court of the ensuing year; they shall also procure, and cause to be procured, all things necessary for the said court, of which they shall keep an exact account. These expenses shall be alike both to knights and squires, and a third part more shall fall upon the lords than upon the knights and squires; but the counts shall be subject to a third part more than the lords.
“And early on the Tuesday morning (during the period of the court’s sitting) all of us members shall go to the church of the Holy Virgin at Cleves, to pray for the repose of all those of the society who may have died; and there shall each bring his separate offering.
“And each of us has mutually pledged his good faith, and solemnly engaged to fulfil faithfully, undeviatingly, and inviolably, all things which are above enumerated, &c.
“Done at Cleves, 1381, on the day of St. Cunibert.”
H. W. S.[363]
Stage Accident.
On the evening of Friday the 1st of October, 1736, during the performance of an entertainment called Dr. Faustus, at Covent-garden theatre, one James Todd who represented the miller’s man, fell from the upper stage, in a flying machine, by the breaking of the wires. He fractured his scull, and died miserably; three others were much hurt, but recovered. Some of the audience swooned, and the whole were in great confusion upon this sad accident.[364]
Mountebanks and Mr. Merriman.
For the Every-Day Book.
Little inferior to Mr. Punch, Mr. Merriman has stood eminently high at fairs, figured in market-places, and scarcely a village green in England, that has not felt the force of his irresistible appeals. He does not often approach the over-grown metropolis; his success here is less certain, and the few patrons that remain, love to feast their eyes and risible faculties without sparing a modicum from their pockets: the droll simpleton might crack his jokes without finding the kernel—cash.
A company of mountebanks, however, appeared on a green, north of White Conduit-house, several evenings last week. On Saturday the performance commenced at five o’clock in the afternoon. The performers consisted of the master, a short, middle aged person, with a florid complexion, dressed in decent half mourning. He possessed a sound pair of lungs, fair eloquence, and a good portion of colloquial ability. By the assistance of a little whip he kept in order a large ring, formed of boys, girls, and grown persons of both sexes. His eye, gray as a falcon’s, watched the reception he received, and seemed to communicate with his “mind’s eye,” as to his subscribers. The rosy-faced maid servants, glad of the opportunity of gazing at the exhibitors, were rejoiced by the pretence of holding the “nursery treasures” to see all that could be seen. Here the calculator looked for patronage and encouragement. “Mr. Merriman,” a young man with his face and clothes duly coloured, à la Grimaldi, raised laughter by his quaint retorts, by attempts at tumbling to prove he could tumble well, and by drilling with a bugle-horn a dozen volunteer boys in many whimsical exercises, truly marvellous to simpering misses and their companions. The next performer was a short man with sharp features, sunburnt face, and shrill goat-like voice:—he tumbled in a clever, but, I think, dangerous manner. Then Mr. Merriman’s “imitations” followed; not to say any thing of those inimitable imitators, Mathews, Reeve, and Yates, he suited his audience to the very echo of the surrounding skeletons in brick and mortar. The tumbler then reposed by putting a loose coat over his party-coloured habit, and playing a pandean-pipe while “Mr. Merriman” sat on a piece of carpet spread on the ground, and tossed four gilt balls in the air at the same time, to the variations of the music. A drum was beat by a woman about forty, with a tiara on her head, who afterwards left the beating art and mounting the slack-wire, which was supported by three sticks, coned at each end to a triangle; she danced and vaulted à la Gouffe. A table was put on the wire, which she balanced, and bore a glass full of liquor on the rim as she twirled it on her finger. This was the acmè of the display. Tickets at one shilling each were now handed round with earnestness and much promise, for a lottery of prizes, consisting of teapots, waiters, printed calico, and two sovereigns thrown on the grass instead of a sheep. These temptations held out to many a Saturday night labourer the hope of increasing his week’s wages. The “conductor” of his company no doubt profited by the experience of which he was possessed. Many tickets were sold; expectation breathed—fancy pictured a teapot—or some token of fortune’s performance. The decision made, the die cast, now the laughing winner walked hurriedly away, hugging his prize, while the losers hid their chagrin, and were quietly dispersed by the “blank” influence, with secret wishes that their money was in their pockets again.
When I reflect upon this kind of amusement for the labouring classes, I see nothing to prevent its occasional appearance. The wit scattered about, though in a blundering way, is often smart.
In spite of decorum, of my better instruction in gentility, and Chesterfield’s axioms, I love to stand and shake my human system, if it be only to remind me of past observation, and to see the children so happy, who ring out music, in every responsive applause of the tricks so plausibly represented to their view. While “Mr. Merriman” does not invade the peace of society, I hope he will be allowed his precarious reign, as he promised “that he would forfeit fifty guineas if he came into the parish again at least for a twelvemonth.”
It is within my remembrance when former mountebanks distributed packets instead of blanks, containing nostrums against toothache, corns, bunions, warts, witchcraft and the ague. Doctor Bolus strutted and fretted his hour upon the stage, and gave as much wit for sixpence as kept the village alehouse in a roar for many weeks. But, I suppose, the mountebank profession, like every other, feels the changes of the times, and retrenchment cries,—
“Ubi vos requiram, cum dies advenerit?”
*, *, P.
September 29, 1826.
Please to make the following correction, [page 1270]; for “he shaking,” read “[the shaking].”