PAGE 9
King Of Prussia
by
“The ordonnance of 1667, by which Lewis the fourteenth established an uniformity of procedure through all his courts, has been considered as one of the greatest benefits of his reign.
“The king of Prussia, observing that each of his provinces had a different method of judicial procedure, proposed to reduce them all to one form; which being tried with success in Pomerania, a province remarkable for contention, he afterwards extended to all his dominions, ordering the judges to inform him of any difficulties which arose from it.
“Some settled method is necessary in judicial procedures. Small and simple causes might be decided upon the oral pleas of the two parties appearing before the judge; but many cases are so entangled and perplexed as to require all the skill and abilities of those who devote their lives to the study of the law.
“Advocates, or men who can understand and explain the question to be discussed, are, therefore, necessary. But these men, instead of endeavouring to promote justice and discover truth, have exerted their wits in the defence of bad causes, by forgeries of facts, and fallacies of argument.
“To remedy this evil, the king has ordered an inquiry into the qualifications of the advocate. All those who practise without a regular admission, or who can be convicted of disingenuous practice, are discarded. And the judges are commanded to examine which of the causes now depending have been protracted by the crimes and ignorance of the advocates, and to dismiss those who shall appear culpable.
“When advocates are too numerous to live by honest practice, they busy themselves in exciting disputes, and disturbing the community: the number of these to be employed in each court is, therefore, fixed.
“The reward of the advocates is fixed with due regard to the nature of the cause, and the labour required; but not a penny is received by them till the suit is ended, that it may be their interest, as well as that of the clients, to shorten the process.
“No advocate is admitted in petty courts, small towns, or villages; where the poverty of the people, and, for the most part, the low value of the matter contested, make despatch absolutely necessary. In those places the parties shall appear in person, and the judge make a summary decision.
“There must, likewise, be allowed a subordination of tribunals, and a power of appeal. No judge is so skilful and attentive as not sometimes to err. Few are so honest as not sometimes to be partial. Petty judges would become insupportably tyrannical if they were not restrained by the fear of a superiour judicature; and their decisions would be negligent or arbitrary if they were not in danger of seeing them examined and cancelled.
“The right of appeal must be restrained, that causes may not be transferred without end from court to court; and a peremptory decision 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 transmit to the higher all the evidences and informations. If, upon the first view of the cause thus opened, it shall appear that the appeal was made without just cause, the first sentence shall be confirmed without citation of the defendant. If any new evidence shall appear, or any doubts arise, both the parties shall be heard.
“In the discussion of causes altercation must be allowed; yet to altercation some limits must be put. There are, therefore, allowed a bill, an answer, a reply, and a rejoinder, to be delivered in writing.
“No cause is allowed to be heard in more than three different courts. To further the first decision, every advocate is enjoined, under severe penalties, not to begin a suit till he has collected all the necessary evidence. If the first court has decided in an unsatisfactory manner, an appeal may be made to the second, and from the second to the third. The process in each appeal is limited to six months. The third court may, indeed, pass an erroneous judgment; and then the injury is without redress. But this objection is without end, and, therefore, without force. No method can be found of preserving humanity from errour; but of contest there must sometime be an end; and he, who thinks himself injured for want of an appeal to a fourth court, must consider himself as suffering for the publick.