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.

The peasant never begins his lawsuit in summer, for the same reason that he does not make love and marry in summer—because he has no time for that sort of thing. Anything is easier to him than to move out of his habitual course, and he is attached even to his privations. Some years ago a peasant youth, out of the poorest and remotest region of the Westerwald, was enlisted as a recruit, at Weilburg in Nassau. The lad, having never in his life slept in a bed, when he had got

into one for the first time began to cry like a child; and he deserted twice because he could not reconcile himself to sleeping in a bed, and to the “fine” life of the barracks: he was homesick at the thought of his accustomed poverty and his thatched hut. A strong contrast, this, with the feeling of the poor in towns, who would be far enough from deserting because their condition was too much improved! The genuine peasant is never ashamed of his rank and calling; he is rather inclined to look down on every one who does not wear a smock frock, and thinks a man who has the manners of the gentry is likely to be rather windy and unsubstantial. In some places, even in French districts, this feeling is strongly symbolized by the practice of the peasantry, on certain festival days, to dress the images of the saints in peasant’s clothing. History tells us of all kinds of peasant insurrections, the object of which was to obtain relief for the peasants from some of their many oppressions; but of an effort on their part to step out of their hereditary rank and calling, to become gentry, to leave the plough and carry on the easier business of capitalists or government functionaries, there is no example.

The German novelists who undertake to give pictures of peasant-life fall into the same mistake as our English novelists: they transfer their own feelings to ploughmen and woodcutters, and give them both joys and sorrows of which they know nothing. The peasant never questions the obligation of family ties—he questions no custom—but tender affection, as it exists among the refined part of mankind, is almost as foreign to him as white hands and filbert-shaped nails. That the aged father who has given up his property to his children on condition of their maintaining him for the remainder of his life, is very far from meeting with delicate attentions, is indicated by the proverb current among the peasantry—“Don’t take your clothes off before you go to bed.” Among rustic moral tales and parables, not one is more universal than the story of the ungrateful children, who made their gray-headed father, dependent on them for a maintenance, eat at a wooden trough

because he shook the food out of his trembling hands. Then these same ungrateful children observed one day that their own little boy was making a tiny wooden trough; and when they asked him what it was for, he answered—that his father and mother might eat out of it, when he was a man and had to keep them.