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A droll instance of peasant conservatism is told of a village on the Taunus, whose inhabitants, from time immemorial, had been famous for impromptu cudgelling. For this historical offence the magistrates of the district had always inflicted the equally historical punishment of shutting up the most incorrigible offenders, not in prison, but in their own pig-sty. In recent times, however, the government, wishing to correct the rudeness of these peasants, appointed an “enlightened” man as a magistrate, who at once abolished the original penalty above mentioned. But this relaxation of punishment was so far from being welcome to the villagers that they presented a petition praying that a more energetic man might be given them as a magistrate, who would have the courage to punish according to law and justice, “as had been beforetime.” And the magistrate who abolished incarceration in the pig-sty could never obtain the respect of the neighborhood. This happened no longer ago than the beginning of the present century.

But it must not be supposed that the historical piety of the German peasant extends to anything not immediately connected with himself. He has the warmest piety toward the old tumble-down house which his grandfather built, and which nothing will induce him to improve, but toward the venerable ruins of the old castle that overlooks his village he has no piety at all, and carries off its stones to make a fence for his garden, or tears down the gothic carving of the old monastic church, which is “nothing to him,” to mark off a foot-path through his field. It is the same with historical traditions. The peasant has them fresh in his memory, so far as they relate to himself. In districts where the peasantry are unadulterated, you can discern the remnants of the feudal relations in innumerable customs and phrases, but you will ask in vain for historical traditions concerning the empire, or even concerning the particular princely house to which the peasant is subject. He can tell you what “half people and whole people” mean; in Hesse you will still hear of “four horses making a whole peasant,” or of “four-day and three-day peasants;” but you will ask in vain about Charlemagne and Frederic Barbarossa.

Riehl well observes that the feudal system, which made the peasant the bondman of his lord, was an immense benefit in a country, the greater part of which had still to be colonized-rescued the peasant from vagabondage, and laid the foundation of persistency and endurance in future generations. If a free German peasantry belongs only to modern times, it is to his ancestor who was a serf, and even, in the earliest times, a slave, that the peasant owes the foundation of his independence, namely, his capability of a settled existence-nay, his unreasoning persistency, which has its important function in the development of the race.

Perhaps the very worst result of that unreasoning persistency is the peasant’s inveterate habit of litigation. Every one remembers the immortal description of Dandle Dinmont’s importunate application to Lawyer Pleydell to manage his “bit lawsuit,” till at length Pleydell consents to help him to ruin himself, on the ground that Dandle may fall into worse hands. It seems this is a scene which has many parallels in Germany. The farmer’s lawsuit is his point of honor; and he will carry it through, though he knows from the very first day that he shall get nothing by it. The litigious peasant piques himself, like Mr. Saddletree, on his knowledge of the law, and this vanity is the chief impulse to many a lawsuit. To the mind of the peasant, law presents itself as the “custom of the country,” and it is his pride to be versed in all customs. Custom with him holds the place of sentiment, of theory, and in many cases of affection. Riehl justly urges the importance of simplifying law proceedings, so as to cut off this vanity at its source, and also of encouraging, by every possible means, the practice of arbitration.