It is extensively disputed that this "right of the first night" ever existed. The "right of the first night" is quite a thorn in the side of certain folks, for the reason that the right was still exercised at an age, that they love to hold up as a model,--a genuine model of morality and piety. It has been pointed out how this "right of the first night" was the rudiment of a custom, that hung together with the age of the mother-right, when all the women were the wives of all the men of a class. With the disappearance of the old family organization, the custom survived in the surrender of the bride, on the wedding night, to the men of her own community. But, in the course of time, the right is ever more restricted, and finally falls to the chief of the tribe, or to the priest, as a religious act, to be exercised by them alone. The feudal lord assumes the right as a consequence of his power over the person who belongs to the land, and which is his property; and he exercises the right if he wills, or relinquishes it in lieu of a tribute in products or money. How real was the "right of the first night" appears from Jacob Grimm's "Weisthumer."[38] Sugenheim[39] says the "jus primae noctis," as a right appertaining to the landlords, originates in that his consent to marriage was necessary. Out of this right there arose in Bearn the usage that all the first-born of marriages, in which the "jus primae noctis" was exercised, were of free rank. Later, the right was generally redeemable by a tribute. According to Sugenheim, those who held most stubbornly to the right were the Bishops of Amiens; it lasted with them till the beginning of the fifteenth century. In Scotland the right was declared redeemable by King Malcolm III, towards the end of the eleventh century; in Germany, however, it continued in force much longer. According to the archives of a Swabian cloister, Adelberg, for the year 1496, the serfs, located at Boertlingen, had to redeem the right by the bridegroom's giving a cake of salt, and the bride paying one pound seven shillings, or with a pan, "in which she can sit with her buttocks." In other places the bridegrooms had to deliver to the landlord for ransom as much cheese or butter "as their buttocks were thick and heavy." In still other places they had to give a handsome cordovan tarbouret "that they could just fill."[40] According to the accounts given by the Bavarian Judge of the Supreme Court of Appeals, Welsch, the obligation to redeem the "jus primae noctis" existed in Bavaria as late as the eighteenth century.[41] Furthermore, Engels reports that, among the Welsh and the Scots, the "right of the first night" prevailed throughout the whole of the Middle Ages, with the difference only that, due to the continuance of the gentile organization, it was not the landlord, or his representative, but the chief of the clan, as the last representative of the one-time husbands in common, who exercised the right, in so far as it was not redeemed.