Jus Potandi – the Right To Drink

Historical Context and Verification

Richard Brathwaite, a Westmorland-born English poet, authored the original Jus Potandi in 1616, a fact confirmed by English literary records. His work fits the period’s trend of legal parodies, mocking the formal disputations of universities. The German translation by “Blasius Multibibus“—a playful pseudonym from Latin multi (many) and bibus (drinker)—appeared concurrently, highlighting the rapid exchange of ideas via Europe’s printing presses.

The Custom of Zutrinken

At the heart of Jus Potandi lies Zutrinken, an early toast where one drinker raised their glass to honor or greet another, expecting them to drink in return. Refusal was a social faux pas, signaling a rejection of camaraderie in a culture that prized shared consumption. English traveler Fynes Moryson noted in his 1609 writings that Germans drank “not but by urging and being urged,” underscoring this expectation. The custom’s origins trace back to medieval and biblical traditions, like the Old Testament’s bread and wine rituals (e.g., Genesis 14:18-20), evolving into a secular staple by the 17th century with wine, ale, or mead.

The Drinking Duel of 1616

A vivid example of this culture comes from Nuremberg in 1616, the year Jus Potandi was published. Municipal records recount a “drinking duel” between burghers Hans Müller and Georg Weber. Competing for guild prestige, they matched each other cup for cup of Rhenish wine before a crowd. After nine cups, Müller collapsed, and Weber, barely upright, was declared the winner. Such contests highlight the competitive edge of Zutrinken, a phenomenon likely inspiring the text’s exaggerated humor.

Rights from Jus Potandi

The brilliance of Jus Potandi lies in its absurd “legal rights” to drink, presented with a straight face. Here are some examples:

• The Right to Drink Until Dawn: Brathwaite argues that a man may drink “until the cock crows thrice,” claiming it’s a natural law derived from roosters being “heralds of sobriety“—a tongue-in-cheek justification for all-night benders.
• The Right to Spill Without Shame: The text defends spilling ale as a “noble sacrifice to the gods of the floor,” turning a clumsy mishap into a sacred act, complete with a mock plea for tavern floors to be honored as altars.
• The Right to Toast the Absent: It decrees that one may drink to absent friends, even if they’re “dead, departed, or merely asleep in the next room,” ensuring no one misses out on a round—living or otherwise.

These examples, drawn from the book’s satirical legal framework, poke fun at the seriousness of drinking customs while amplifying their absurdity.

Questioning the Obligation

Jus Potandi also hints at unease with this drinking pressure. By 1616, some questioned the need to always join in, a tension reflected in its mock-legal tone and supported by contemporary calls for moderation, like those from English Puritan William Perkins (d. 1602).

The Bishop’s Ale

In 1617, English waterman John Taylor, the “Water Poet,” shared a tale in The Pennyles Pilgrimage. While traveling, a Bishop of Durham insisted his entourage share a barrel of ale. When one man refused due to exhaustion, the bishop jested about excommunication until he relented, revealing the blend of coercion and levity in drinking customs—echoes of Jus Potandi’s themes.

Legacy and Reflection

Jus Potandi captures a moment when drinking was both celebrated and debated, using real customs like Zutrinken, events like the Nuremberg duel and the bishop’s ale, and its own hilarious “rights” to craft its satire. It remains a window into 17th-century life, showing how a raised glass could reflect obligation, resistance, and revelry.