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.
"There is a special advocate appointed for the poor.
"The attorneys, who had formerly the care of collecting evidence, and
of adjusting all the preliminaries of a suit, are now totally
dismissed; 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 some lawful impediment from attending his
suit, time will be granted him upon the representation of his case."
Such is the order according to which civil justice is administered
through the extensive dominions of the king of Prussia; which, if it
exhibits nothing very subtle or profound, affords one proof more that
the right is easily discovered, and that men do not so often want
ability to find, as willingness to practise it.
We now return to the war.
The time at which the queen of Hungary was willing to purchase peace
by the resignation of Silesia, though it came at last, was not come
yet. She had all the spirit, though not all the power of her
an
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