FREE BOOKS

Author's List




PREV.   NEXT  
|<   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390  
391   392   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   >>   >|  
new body of law, to which he gave the name of the Code Frederique, which is comprised in one volume of no great bulk, and must, therefore, unavoidably contain general positions to be accommodated to particular cases by the wisdom and integrity of the courts. To embarrass justice by multiplicity of laws, or to hazard it by confidence in judges, seem to be the opposite rocks on which all civil institutions have been wrecked, and between which legislative wisdom has never yet found an open passage. Of this new system of laws, contracted as it is, a full account cannot be expected in these memoirs; but, that curiosity may not be dismissed without some gratification, it has been thought proper to epitomise the king's plan for the reformation of his courts. "The differences which arise between members of the same society, may be terminated by a voluntary agreement between the parties, by arbitration, or by a judicial process. "The two first methods produce, more frequently, a temporary suspension of disputes than a final termination. Courts of justice are, therefore, necessary, with a settled method of procedure, of which the most simple is to cite the parties, to hear their pleas, and dismiss them with immediate decision. "This, however, is, in many cases, impracticable, and in others is so seldom practised, that it is frequent rather to incur loss than to seek for legal reparation, by entering a labyrinth of which there is no end. "This tediousness of suits keeps the parties in disquiet and perturbation, rouses and perpetuates animosities, exhausts the litigants by expense, retards the progress of their fortune, and discourages strangers from settling. "These inconveniencies, with which the best-regulated polities of Europe are embarrassed, must be removed, not by the total prohibition of suits, which is impossible, but by contraction of processes; by opening an easy way for the appearance of truth, and removing all obstructions by which it is concealed. "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, o
PREV.   NEXT  
|<   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390  
391   392   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   >>   >|  



Top keywords:

parties

 
procedure
 
courts
 

justice

 
judicial
 
method
 

wisdom

 

retards

 

expense

 

litigants


strangers

 

settling

 
discourages
 

progress

 
exhausts
 

fortune

 

impracticable

 
perturbation
 

reparation

 

entering


labyrinth

 

tediousness

 

rouses

 

perpetuates

 

seldom

 
disquiet
 

frequent

 

practised

 
animosities
 

processes


provinces

 

proposed

 

observing

 

Prussia

 
considered
 

greatest

 

benefits

 

reduce

 

contention

 
extended

dominions
 
remarkable
 

province

 

success

 

Pomerania

 

uniformity

 

prohibition

 

impossible

 
contraction
 

decision