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 Dandie 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 Dandie 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
