Pictures of German Life in the XVIIIth and XIXth Centuries, Vol. I.Freytag, Gustav
History
Pictures of German Life in the XVIIIth and XIXth Centuries, Vol. I.
Freytag, Gustav
Germany -- Civilization; Germany -- Social life and customs
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.
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