"The Frau von K. would, probably have given a good answer to this nonsense, if she had not been led off to dance by Herr von K. Thus she left the old lady alone, with whom the Junker Vogelbach, who was present, and had a tobacco-pipe of a finger's length in his mouth, held this discourse:--'How are you--how fares it with you, my honoured and dear cousin? I observe that you rejoice to see Junker Hans Christoph enjoy himself. My word for it, he is an honest lad; I could have wished that he had been with me some days ago, when I had a tussle with a 'Peppersack' of Breslau; he would have seen with wonder how I belaboured the fellow; he had to beg for life, and afterwards to give a stately banquet in the best style to me and my seconds, at which we so enjoyed ourselves, that the good wine flowed like a river.' To this the old lady Von der B. replied: 'It is truly to your honour that, for the sake of a drinking bout, you make yourself so common with the citizens; and, above all, you, Junker Martin Heinrich, who are always hankering after wine, if only you can catch a glass, you drink in brotherhood with all sorts of people, be they citizens or nobles. Yes, you, indeed, as I have heard, call these Peppersacks uncle or cousin. If I could be sure of this, I swear that all my life long I will never call you cousin. Tell me, what is that scar you have on your forehead? Without doubt you have got it in another quarrel with them. That would do well enough if you would only not mix with the citizens.'
"'Do you take me for a fool,' said Junker Vogelbach, 'that I should call these fellows uncle or cousin, though the Emperor should have given them ever so grand a patent? Brother is well enough, so long as they give good wine; but we say, henceforth we will let the knaves alone.'
"Meanwhile the guests made themselves merry with tobacco, drinking, and varied converse, during which the Dutchman remarked, that, of the two tolerably well educated daughters of the host, one only was to be seen at a time at the dance, and each was dressed from head to foot the same as the other; from which he concluded that these good maidens were obliged to content themselves with one and the same dress, and that whilst one danced in the room, the other, who had retired, had to wait patiently without till her turn came again. 'Are not those dear children?' said their mother, who had seated herself with the other ladies, to Frau von der B.; 'they do all in so noble and suitable a style, it does my heart good to see how everything becomes them. If the Peppersacks in the city were to hang ever so much finery about them, the citizen would still peep out.' 'You say rightly,' said the other; 'my heart leaps within me when I see these city people swagger about in such fine dresses and ornaments, in their gilded carriages. Think I to myself, be as ostentatious as you will, were you every day, even to drink pearls instead of your best wine, you are still citizens, will remain citizens, and can never become equal to us.'
"Amidst such woman's prattle, laughing, shouting, dancing, and jumping, the night wore away, and as Von K. could well anticipate, that this entertainment would be concluded with the usual brawls and quarrels, he gave our Dutchman a wink, and retired with him to the house of a peasant of his acquaintance, where they passed the night on straw. The groom of the Herr von K. awoke them the following morning, saying, if they desired to witness a three-fold fight, in which Vogelbach would be the most distinguished combatant, they must rise quickly and betake themselves to a spot near the village, on the Polish frontier. Neither of them having any desire to do so, Von K., who felt ashamed that his countrymen were such ragamuffins, made a sign to his groom to be silent; they then mounted, and rode away conversing together pleasantly."
Here we conclude the narrative of Paul Winckler. About the year 1700, the habits of the country nobles became more civilised, their life more comfortable, and the bands of Krippenreiters became rarer. Still, however, individuals were sometimes tempted to defy the weak laws of the country, and repeatedly did the governments exert themselves against the cunning and violence by which unlawful possession was taken of the property of the deceased. Still did the greater part of the country nobles suffer from the burden of mortgages; frequent were the complaints about the rashness with which they were given and sold; and, as it is usually the custom to cheat in drawing up such mortgage-deeds, they far exceeded the value of the estate. Under these circumstances, there were everywhere legal auctions, where they were not prevented by feudal tenure or family regulations; only too frequently were the wax lights again seen burning, which, according to old custom, were burnt on the morning of an auction, and the duration of their flame marked the time during which the bidding of those who were desirous to purchase would be accepted.[52]
In most of the districts of Germany the acquisition of a nobleman's estate depended on the Ritterrecht, or laws and usages prevalent among the nobility in that district. Undoubtedly this custom was not in accordance with common law, but almost everywhere the noble proprietors of the district formed a powerful corporation, which excluded those who were not noble from the fall enjoyment of seigneurial rights of Standschaft, and from their assemblies. Even where those who were not noble were capable of holding a fief, they were so only under limitations. Sometimes the citizens of certain privileged cities had the right of acquiring the properties of noblemen, but this expired as soon as they ceased to belong to the favoured city. An exception, also, was sometimes made in favour of the city councillors forming part of the government of the country, and members of the universities. But the general rule was that those not noble, could only occupy a property as a mortgage, not with seigneurial rights as a possession. Even those who had been ennobled were not free to acquire a nobleman's estate as a possession; it required the consent of the rulers of the country or of the noble States. In the Imperial hereditary provinces this right could only be obtained by those noblemen who were raised to some rank of the higher nobility; and even then this right had to be purchased in each individual case, and from the sovereign ruler, and secured by a diploma. The Emperor endeavoured to obtain money even from the old families by obliging them to renew this right by the purchase of a general diploma for all their members.
But the Imperial Court imposed other limitations,