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The time at which the Queen of tired into Hungary; where she was reHungary was willing to purchase peace ceived with zeal and affection ; not unby the resignation of Silesia, though it mingled, however, with that neglect came at laft, was not come yet. She which must always be borne by greathad all the spirit, though not all the nefs in diftress. She bore the disrespect power of her ancestors, and could not of her subjects with the same firmness as bear the thought of lofing any part of the outrages of her enemies ; and at her patrimonial dominions to the ene- lat persuaded the English not to despair mies, which the opinion of her weak- of her preservation, by not despairing ness raised every where against her. herself.
In the beginning of the year 1742, Voltaire, in his late hiftory, has althe Elector of Bavaria was invested with ferted, that a large sum was raised for the Imperial diguity, supported by the her fuccour by voluntary fobseriptions of arms of France; master of the kingdom the English ladies. It is the great fail. of Bohemia ; and confederated with the ing of a Atrong imagination, to catch Elector Palatine, and the Elector of Sa. greedily at wonders. He was misinxony, who claimed Moravia ; and with formed, and was perhaps unwilling to the King of Prussia, who was in poffef. learn by a second inquiry, a truth less fion of Silefia...
fplendid and amusing. A contribution Such was the state of the Queen of was by news.writers, upon their own Hungary, preffed on every fide, and on authority, fruitlessly, and, I think, ilevery fide preparing for resistance: the legally, proposed. It ended in nothing. yet refused all offers of accommodation; The parliament voted a fupply, and five for every prince set peace at a price hundred thousand pounds were remitted which fhe was not yet so far humbled as
to her. to pay
It has been always the weakness of lou The King of Prusla was among the the Austrian family, to spend, in the most zealous and forward in the confe- magnificence of empire, those revenues deracy against her. He promised to se. which should be kept for its defence. cure Bohemia to the Emperor, and Mo. The court is splendid, but the treasury ravia to the Elector of Saxony; and is empty; and at the beginning of every finding no enemy in the field able to re- war, advantages are gained against fift him, he returned to Berlin, and left them, before their armies can be affenSchwerin his general to prosecute the bled and equipped. conqueft,
The English money was to the AuThe Pruffians, in the midst of winter, ftrians, as a shower to a field where all took Olmutz, the capital of Moravia, the vegetative powers are kept unactive and laid the whole country under contri. by a long continuance of drought. The bution. The cold then hindered them armies which had hitherto been hid in from action, and they only blocked up mountains and forests, started out of the fortresses of Brinn and Spielberg. their retreats; and where - ever the i. In che spring the King of Prussia came Queen's ftandard was erected, nations again into the field, and undertook the scarcely known by their names, fwarmSiege of Brinn; bot, upon the approached immediately about it. An army, ea of Prince Charles of Lorrain, retired specially a defensive army, multiplies itfrom before it, and quitted Moravia, felf. The contagion of enterprise spreads leaving only a garrison in the capital. from one heart to another. Zeal for a
The condition of the Queen of Hun- dative, or deteftation of a foreign lovegary was now changed. She was a few reign; hope of fudden greatness or richmonths before without money, without es ; friendship or emulation between troops, incircled with enemies. The particular men; or, what are perhaps Bavarians had entered Austria ; Vienna more general and powerful, desire of was threatened with a fiege, and the novelty, and impatience of inactivity, Queen left it to the fate of war, and re: fill a camp with adventurers, add rank
to rank, and squadron to squadron. took a different road, and left the Pruf
The Queen had still enemies on every fians to their own fortune. hand, but she now on every band had The King continued his march, and armies ready to oppose them. Auftria Charles' his pursuit. Ac Czaslaw, the was immediately recovered: the plains two armies came in sight of one another, of Bohemia were filled with her troops, and the Auftrians resolved on a decisive though the fortreffes were garrisoned by day. On the 17th of May, about seven the French. The Bavarians were re- in the morning, the Austrians began called to the defence of their own coun- the attack. Their impetuofity was try, now wasted by the incursion of matched by the firmness of the Prussians. troops that were called barbarians; gree- The animosity of the two armies was dy enough of plunder, and daring per- much inflamed : the Austrians were haps beyond the rules of war, but other- fighting for their country; and the Prof. wise not more cruel than those whom fians were in a place where defeat must they attacked. Prince Lobkowitz, with inevitably end in death or captivity. one army, observed the motions of Bro- The fury of the battle continued four glio the French general in Bohemia; hours: the Prusian horfe were at length and Prince Charles, with another, put broken, and the - Austrians forced their a stop to the advances of the King of way to the camp; where the wild troops, Pruffia.
who had fought with so much vigour It was now the turn of the Prussians and constancy, at the fight of plander to retire: they abandoned Olmutz, and forgot their obedience, nor had any man left behind them part of their cannon the leaft thought but how to load himand their magazines : and the King, felf with the richest fpoils. While the finding that Broglio could not long op- right wing of the Auftrians was thus empole Prince Lobkowitz, haftened into ployed, the main body was left naked; Bohemia to his afliltance; and having the Pruffians recovered from their con received a reinforcement of 23,000 men, fusion, and regained the day. Charles and taken the castle of Glatz, which was at last forced to retire; and carried being built upon a rock scarcely access with him the standards of his enemies, fible, would have defied all his power the proofs of a victory, which, though had the garrison been furnished with so nearly gained, he had not been able provisions, he purposed to join his allies, to keep: [iv. 238.] and profecute his conquefts.
The victory, however, was dearly - Prince Charles, seeing Moravia thus bought; the Pruffian army was much evacuated by the Pruffians, determined weakened, and the cavalry almoft toto garrison the towns which he had juft tally destroyed. Peace is easily made secovered, and pursue the enemy; who when it is necessary to both parties ; and by the affistance of the French would the King of Prussia had now reason to have been too powerful for Prince Lob- believe that the Austrians were not his kowitz.
only enemies. Whe he found Charles Success had now given confidence to advancing, he had sent to Broglio for the Auftrians, and had proportionably asliftance; and was answered, that “he abated the spirit of their enemies. The must have orders from Versailles.” Such Saxons, who had co-operated with the a defertion of his most powerful ally King of Pruffia in the conquest of Mora- disconcerted him, but the battle was via, of which they expected the perpe- unavoidable. tual poffeffion, seeing all hopes of fud- When the Proffians were returned to den acquisition defeated, and the pro- their camp, the King hearing that an vince left again to its former matters, Auftrian officer was brought in mortally grew weary of following a prince, whom wounded, had the condescenfion to vi. they considered as no longer acting the fit him. The officer, ftruck with this part of their confederate, and when they act of humanity, faid, after a short con. approached the confines of Bohemia, rerfation, " I should die, Sir, content
edly edly after this honour, if I might first To settle property, to suppress false show my gratitude to your Majefty, by claims, and to regulate the administra, informing you with what allies you are tion of civil and criminal juftice, are atnow united, allies that have no intention tempts fo difficult, and so useful, that I but to deceive you." The King appearing fhall willingly fufpend or contract the to fufpect this intelligence, “Sir,” said history of battles and fieges, to give a the Austrian, “ if you will permit me larger account of this pacific enterprise. to send a messenger to Vienna, I believe That the King of Prusia has confithe Queen will not refuse to transmit an dered the nature and the reasons of laws intercepted letter now in her hands, with more attention chan is common to which will put my report beyond all princes, appears from his differtation or doubt.
the reasons for enacting and repealing laws: The messenger was fent, and the let. A piece which yet deserves notice, rater transmitted, which contained the ther as a proof of good inclination, than order sent to Broglio; who was, “1. of great ability. For there is nothing forbidden to mix his troops on any oc. to be found in it more than the most obo cafion with the Pruffians ; 2. he was or vious books may supply, or the weakest dered to act always at a distance from intelle& discover. Some of his obserthe King ; 3. to keep always a body of vations are just and useful; but upon 20,000 men to observe the Profian army; such a subject, who can think without 4. to observe very closely the motions often thinking right? It is, however, of the King, for important reasons; 5. not to be omitted, that he appears alto hazard nothing, but to pretend want ways propense towards the fide of mer. of reinforcements, or the absence of cy. “If a poor man,” says he, “ steals, Belleisle."
in his want, a watch, or a few pieces, The King now with great reason con. from one to whom the loss is inconfider fidered himielf as disengaged from the able, is this a reason for condemning confederacy, being deserted by the Sa. him to death?” xons, and betrayed by the French ; he He regrets that the laws against duels therefore accepted the mediation of K. have been ineffectual: and is of opi. George, and in three weeks after the nion that they can never attain their battle of Czaslaw made peace with the end, unless the princes of Europe shall Queen of Hungary; who granted to agree not to afford an asylum to duellifts, him the whole province of Silesia ; & and to punish all who shall insult their country of such extent and opulence, equals, either by word, deed, or writhat he is faid to receive from it one third ting. He seems to fuspect this scheme part of his revenues. By one of the ar- of being chimerical: “ Yet why,” says ticles of this treaty it is ftipulatod, “That he,“ hould not personal quarrels be neither thould alíift the enemies of the submitted to judges, as well as questions other."
of poffeffion ? and why should not a Having thus obtained Silefia, the congrefs be appointed for the general King of Prussia returned to his own ca. good of mankind, as well as for so mapital; where he reforined his laws, for. ny purposes of less importance ?" bid the torture of criminals, concluded He declares himself, with great ara defensive alliance with England, and dour, against the use of torture, and by applied himself to the augmentation of fome mifinformation charges the Enghis army.
lish that they ftill retain it. To enlarge dominions has been the It is perhaps impoffible to review the boast of many princes; to diffuse happi. laws of any country, without discoverness and security through wide regions ing many defects and many superfluities. has been granted to few. The King of Laws often continue, when their reaProffia has aspired to both these honours, sons have ceased. Laws made for the and endeavoured to join the praise of first state of the society, continue una. legidator to that of conqueror,
bolished when the general form of life
is changed. Parts of the judicial proce. gress of their fortune, and discourages dure which were at first only accidental, ftrangers from settling. become in time effential; and formali. These inconveniencies, with which ties are accumulated on each other, till the best-regulated polities of Europe are the art of litigation requires more study imbarrassed, must be removed, not by than the discovery of right.
the total prohibition of suits, which is The King of Prussia, examining the imposible, but by contraction of prosnftitutions of his own country, thought cefses; by opening an easy way for the them such as could only be amended by appearance of truth, and removing all a general abrogation, and the establish- obstructions by which it is concealed. ment of a new body of law, to which The ordinance of 1667, by which he
gave the name of the Code FREDE• Lewis XIV. established an uniformity of RIC; which is comprised in one volume, procedure through all his courts, 'has of no great bulk ; and must therefore un. been considered as one of the greatest avoidably contain general positions, to benefits of his reign. be accommodated to particular cases by The King of Pruffia, observing that the wisdom and integrity of the courts, each of his provinces had a different me. To imbarrass justice by multiplicity of thod of judicial procedure, proposed to laws, or to hazard it by confidence in reduce them all to one form; which bejudges, seem to be the opposite rocks on ing tried with success in Pomerania, a which all civil institutions have been province remarkable for contention, he wrecked, and between which legisla- afterwards extended to all his dominions, cive wisdom has never yet found an open ordering the judges to inform him of apassage.
ny difficulties which arose from it. Of this new system of laws, contract- Some settled method is necessary in ed as it is, a full account cannot be ex- judicial proceedings. Small and simple pected in these memoirs; but that cu. causes might be decided opon the oral siofity may not be dismissed without pleas of the two parties appearing beSome gratification, it has been thought fore the judge : but many cases are so proper to epitomise the King's plan for intangled and perplexed, as to require the reformation of his courts.
all the kill and abilities of those who “ The differences which arise be- devote their lives to the study of the law. tween members of the same society, Advocates, or men who can undermay be terminated, by a voluntary a- stand and explain the question to be dif. greement between the parties, by arbi. cussed, are therefore necessary. But tration, or by a judicial process. these men, instead of endeavouring to
The two first methods produce more promote justice, and discover truth, frequently a temporary fufpenfion of dif- have exerted their wits in the defence of putes, than a final termination. Courts bad causes, by forgeries of facts, and of justice are therefore necessary, with a fallacies of argument. fettled method of procedure, of which To remedy this evil, the King has the most fimple is, to cite the parties, to ordered an inquiry into the qualifications hear their pleas, and dismiss them with of the advocates. All those who pracimmediate decision.
tise without a regular admission, or who This however is in many cases im. can be convicted of difingenuous prac. practicable; and in others is so feldom tice, are discarded : and the judges are practised, that it is frequent rather to commanded to examine which of the incur loss, than to seek for legal repara- causes now depending have been prosion, by entering a labyrinth of which tracted by the crimes and ignorance of there is no end.
the advocates, and to dismils those who This tediousness of suits keeps the shall appear culpable. parties in disquiet and perturbation, rou- When advocates are too numerous to fes and perpetuates animofities, exhausts live by honeft practice, they busy them. the litigants by expence, retards the pre- felves in exciting disputes, and difturb.