the world in 1812
460
then be nothing to stop a full redistribution of the land, the suppression of
compulsory rotation, and a sharing out of the commons. In order to arrange
the Regulierung , the peasant’s obligations would be set against those paid by
the lord. If there was a credit balance, the peasant would pay it by giving up
a part of his tenure or by paying rent. It was clear that this system, which
was in force during the nineteenth century not only in Prussia but in the
whole of Eastern Europe, would more or less reduce the peasant to go on
working as a day labourer in the service of his lord, and would keep him in
a state of subjection. Yet in principle, the state would be the one and only
master, and Hardenberg even considered taking the right of policing, if not
the right of meting out justice, away from the Junkers. In 1812 he borrowed
the French gendarmerie system and in each district set up a superintendent of
police nominated by the king.
Foreseeing that there would be vigorous opposition from the aristocracy,
he sought to get support from public opinion. Moreover, like the patriots,
he thought that the nation should have a part in the government. To begin
with, he was satisfi ed with an assembly of notables chosen by himself,
sitting from February to September 1811. The Junkers, led by Marwitz,
protested vigorously: they did not want popular representation, and
demanded a return to the Provincial Estates, where they were the sole repre-
sentatives – apart from a few from the middle classes. The king had to
submit, and arrested Marwitz and Finckenstein. It was a straight social
confl ict. The king could certainly create nobles, as Marwitz observed, but he
could not create noble minds and spirits. And as Yorck was to exclaim in
front of Prince William: ‘If your highness robs us of our rights, on what
then will your own be founded?’ The nobles of the Mohrungen district
would protest, in 1814, against ‘the poisonous infl uence of French legisla-
tion’. Nevertheless, in 1812 an Elective Chamber was called together,
comprising two nobles and two deputies representing the towns and the
countryside, chosen by the landowners in a two-stage election. This assembly
asked for a constitution; but as in the previous one, the nobles were predom-
inant, and their recriminations forced the minister to temporise. The
Regulierungsgesetz of 1811 tranformed the Lassits [leaseholders], who only
enjoyed a right of user on the land, into owners, and abolished their dues
and forced labour obligations in return for a relinquishment to the lords of
a third of the land held, if tenure was hereditary, and of half, if the tenure
was for life for a limited period. Seigneurial protection, feudal customs and
the Bauernschutz were of course still in abeyance, without any compensation
for the peasant. The law was so burdensome that it did not affect the obliga-
tions of the hereditary tenant proper who could prove a title – the Erbpachtbauer