The King of Pruffia, examining the inftitutions of his own country, thought them fuch as could only be amended by a general abrogation, and the establishment of a new body of law, to which he gave the name of the CODE FREDERIC; which is comprised in one volume, of no great bulk; and must therefore unavoidably contain general pofitions, to be accommodated to particular cafes by the wisdom and integrity of the courts. To imbarrass juftice by multiplicity of laws, or to hazard it by confidence in judges, feem to be the oppofite rocks on which all civil inftitutions have been wrecked, and between which legiflacive wisdom has never yet found an open paffage.

Of this new fyftem of laws, contracted as it is, a full account cannot be expected in thefe memoirs; but that curiofity may not be difmiffed without fome gratification, it has been thought proper to epitomife the King's plan for the reformation of his courts.

"The differences which arife between members of the fame fociety, may be terminated, by a voluntary agreement between the parties, by arbitration, or by a judicial process.

The two firft methods produce more frequently a temporary fufpenfion of difputes, than a final termination. Courts of juftice are therefore neceffary, with a fettled method of procedure; of which the moft fimple is, to cite the parties, to hear their pleas, and dismiss them with immediate decifion.

This however is in many cafes im practicable; and in others is fo feldom practifed, that it is frequent rather to incur lofs, than to feek for legal reparation, by entering a labyrinth of which there is no end.

This tedioufnefs of fuits keeps the parties in difquiet and perturbation, roufes and perpetuates animofities, exhaufts the litigants by expence, retards the pro

These inconveniencies, with which the beft-regulated polities of Europe are imbarraffed, must be removed, not by the total prohibition of fuits, which is impoffible, but by contraction of proceffes; by opening an eafy way for the appearance of truth, and removing all obftructions by which it is concealed.

The ordinance of 1667, by which Lewis XIV. established an uniformity of procedure through all his courts, has been confidered as one of the greatest benefits of his reign.

The King of Pruffia, obferving that each of his provinces had a different method of judicial procedure, proposed to reduce them all to one form; which being tried with fuccefs in Pomerania, a province remarkable for contention, he afterwards extended to all his dominions, ordering the judges to inform him of any difficulties which arofe from it.

Some fettled method is neceffary in judicial proceedings. Small and fimple caufes might be decided upon the oral pleas of the two parties appearing before the judge: but many cales are fo intangled and perplexed, as to require all the kill and abilities of those who devote their lives to the study of the law.

Advocates, or men who can underftand and explain the question to be difcuffed, are therefore neceffary. But these men, instead of endeavouring to promote juftice, and discover truth, have exerted their wits in the defence of bad caufes, by forgeries of facts, and fallacies of argument.

To remedy this evil, the King has ordered an inquiry into the qualifications of the advocates. All those who practife without a regular admiffion, or who can be convicted of difingenuous practice, are discarded: and the judges are commanded to examine which of the caufes now depending have been protracted by the crimes and ignorance of the advocates, and to difmifs those who fhall appear culpable.

When advocates are too numerous to live by honeft practice, they busy themfelves in exciting difputes, and disturb

ing the community; the number of thefe to be employed in each court is therefore fixed.

The reward of the advocates is fixed with due regard to the nature of the caufe, and the labour required: but not a penny is received by them till the fuit is ended; that it may be their intereft, as well as that of the clients, to fhorten the process.

No advocate is admitted in petty courts, fmall towns, or villages; where the poverty of the people, and for the moft part the low value of the matter contefted, make difpatch abfolutely neceffary. In thofe places the parties fhall appear in perfon, and the judge make a fummary decifion.

There must be likewise allowed a subordination of tribunals, and a power of appeal. No judge is fo fkilful and attentive as not fometimes to err. Few are fo honeft as not fometimes to be partial. Petty judges would become unfupportably tyrannical, if they were not reftrained by the fear of a fuperior judicature; and their decifions would be negligent or arbitrary, if they were not in danger of feeing them examined and cancelled.

The right of appeal muft be reftrained, that caufes may not be transferred without end from court to court; and a peremptory decifion must at last be made.

When an appeal is made to a higher court, the appellant is allowed only four weeks to frame his bill, the judge of the lower court being to tranfmit to the higher all the evidences and informations. If upon the firft view of the caufe, thus opened, it shall appear that the appeal was made without juft caufe, the first fentence fhall be confirmed without citation of the defendant. If any new evidence fhall appear, or any doubts arife, both the parties fhall be heard.

In the difcuffion of caufes, altercation must be allowed; yet to altercation fome limits must be put. There are therefore allowed a bill, an answer, a reply, and a rejoinder, to be delivered in writing.

No caufe is allowed to be heard in
VOL. XIX.

more than three different courts, To further, the first decifion, every advocate is injoined, under fevere penalties, not to begin a fuit till he has collected all the neceffary evidence. If the first court has decided in an unfatisfactory manner, an appeal may be made to the fecond, and from the fecond to the third. The procefs on each appeal is limited to fix months. The third court may indeed pafs an erroneous judgment, and then the injury is without redrefs. But this objection is without end, and therefore without force. No method can be found of preferving humanity from error, but of conteft there muft fometime be an

end; and be who thinks himself injured for want of an appeal to a fourth court, muft confider himself as fuffering for the public.

There is a special advocate appointed for the poor.

The attorneys, who had formerly the care of collecting evidence, and of adjufting all the preliminaries of a fuit, are now totally difmiffed; the whole affair is put into the hands of the advocates, and the office of an attorney is annulled for ever.

If any man is hindered by fome lawful impediment from attending his fuit, time will be granted him upon the reprefentation of his cafe."

Such is the order according to which civil juftice is administered through the extenfive dominions of the King of Pruffia; which, if it exhibits nothing very fubtile or profound, affords one proof more, that the right is easily discovered, and that men do not fo often want ability to find, as willingness to practise it.

To perpetuate the memory of this happy change in the law, the medal here copied was ftruck in 1748, on which the King is reprefented as reducing the fcale of justice to an equilibrium by a touch of his fceptre, with this motto, EMENDATO JURE.

His Majesty is not lefs remarkable for his economy than for his other qualities; the allowance of his table being only thirty crowns (five guineas) a-day, fish and wine excepted, in which his expence is very moderate. He often re5 G

tires

tires to Potsdam, his favourite refidence, to avoid the empty ceremonies of a court. He fits down to table with twelve perfons; and after his own minifters who are most in favour are invited, and also those of foreign princes who happen to be at Potsdam, his officers, even ro an enfign, fill up the vacant places. Nor is this the only means of recommending himself to the love of his foldiers. The meanest officer knows, that he shall be redreffed in any cafe of injuftice; that where ever his quarters are, he need Only write to the King, and by the return of the poft he may expect an anfwer, very commonly wrote by his Majefty himself. By fuch condefcenfion he has acquired the confidence of his troops to a very uncommon degree.

We now return to the war.

The Queen of Hungary, thus difintangled on one fide, and set free from the most formidable of her enemies, by the aforementioned peace with his Pruffian Majefty, foon perfuaded the Saxons to peace; took poffeffion of Bavaria; drove the Emperor, after all his imaginary conquefts, to the fhelter of a neutral town, where he was treated as a fugitive; and befieged the French in Prague, in the city which they had taken from her.

This treaty of peace with the Queen of Hungary was one of the firft proofs given by the King of Pruffia of the fecrecy of his counfels. Belleifle the French general was with him in the camp, as a friend and coadjutor in appearance, but in truth a spy, and a writer of intelligence. Men who have great confidence in their own penetrazion, are often by that confidence deceived: they imagine that they can pierce through all the involutions of intrigue, without the diligence neceffary to weaker minds, and therefore fit idle and fecure; they believe that none can hope to deceive them, and therefore that none will try. Belleifle, with all his reputation of fagacity, though he was in the Pruffian camp, gave every day fresh affurances of the King's adherence to the allies; while Broglio, who commanded the army at a distance, difco

vered fufficient reasons to fufpect his defertion. Broglio was flighted, and Belleifle believed, till on the 11th of June the treaty was figned, and the King declared his refolution to obferve a neutrality. [iv. 283.]

This is one of the great performances of polity which mankind feem agreed to celebrate and admire; yet to all this nothing was neceffary but the determination of a very few men to be filent.

From this time the Queen of Hunga. ry proceeded with an uninterrupted torrent of fuccess. The French, driven from station to ftation, and deprived of fortrefs after fortress, were at last inclofed, with their two generals Belleifle and Broglio, within the walls of Prague, which they had ftored with all provifions neceffary to a town befieged, and where they defended themfelves three months before any profpect appeared of relief.

The Auftrians having been engaged chiefly in the field, and in fudden and tumultuary excurfion rather than a regular war, had no great degree of skill in attacking or defending towns; they likewife would naturally confider all the mischiefs done to the city, as falling ultimately on themselves; and therefore were willing to gain it by time rather than by force.

It was apparent, that how long foever Prague might be defended, it must be yielded at laft; and therefore all arts were tried to obtain an honourable capitulation. The meffengers from the city were fent back fometimes unheard, but always with this answer, That no terms would be allowed, but that they should yield themselves prifoners of war.

The condition of the garrifon was in the eyes of all Europe defperate; but the French, to whom the praife of fpirit and activity cannot be denied, refolved to make an effort for the honour of their arms. Maillebois was at that time incamped with his army in Weftphalia. Orders were fent him to relieve Prague. The enterprise was confidered as romantic. Maillebois was a march of forty days diftant from Bohemia; the paffes were narrow, and the ways foul; and it was likely that Prague would be ta

ken