Page:The Green Bag (1889–1914), Volume 08.pdf/78

This page needs to be proofread.

Frederick the Great and the Lawyers. business and pass upon this case immedi ately. The judges worked on the papers — a small cart-load of them — all night, and the next morning the court handed down its decision, in eight folios, com pletely affirming that of the other courts. When Frederick heard of this he at once issued a cabinet order for a copy of the judgment and the production of the papers, and although sick in bed, he again went over the case. Next morning there was a royal order summoning the Grand Chancellor and his two associates before their King: and what there took place is, perhaps, as claimed by Carlyle, the most interesting and inspiriting chapter in the whole history of law reform. The King, who was confined by gout, had his couch placed in the middle of the room, and there, in a shovel hat, red dressinggown, black velvet breeches, with military boots that came above his knees, he re ceived the Chancellor and his associate judges. No one else was allowed to be present except a stenographer who took a record of every word that was said and afterwards incorporated it all in the King's famous protocol. The judges ranged them selves in front of their royal master, and like school boys up for a whipping waited tremblingly for the fun to begin. Frederick, after a few awkward minutes, finally threw down the copy of the judgment which he had been perusing, and said to Friebel, the most pompous looking of the associate judges : — "Come here!" whereupon that worthy advanced to within reach of the king's bony forefinger and underwent such an examina tion into his knowledge of equity and right and " natural fairness, " as he never after ward forgot. "Here is a nobleman," said the King, concluding his examination, "who wishes to have a fish-pond; to get water for it, he taps the stream that runs a poor peasant's mill, so that the miller can do no business

59

except for about four weeks in the year, and of course cannot pay his rent. Now what do the provincial courts do,— they sell the mill so that the nobleman can get his rent. Do you call this justice and fair dealing?" "No, Sire," answered the portly Friedel. "And yet," continued Frederick, " the Berlin Tribunal. . . ." Here the Chancellor, piqued at the contemptuous indifference the King has so far shown him, steps forward and meekly corrects : " Not Berlin Tribunal, Your Majesty, but Kammergericht's Tribu nal." "Correct it! " says the King to his stenog rapher, and then turning to the Grand Chan cellor, the highest legal dignitary of the kingdom, he says : — "And you, — go you, sir, about your business, instanter. Your successor is ap pointed; I am done with you. Fort." Which order the Chancellor obeyed with the utmost speed. The other judges were not so fortunate. He read them a mighty lecture on law and equity, all set forth in the Royal Protocol of December n, 1779, and then clapped them in jail. Sentence was, dismissal from office, one year's confine ment, and payment of compensation to the Arnolds for all losses and costs. The judges of the lower courts were then sent for, and likewise punished, — all except Custrin Regierungsrath Scheibler, who had dissented from the decision of his colleagues; he went free; was, in fact, promoted. This attempt to reform law by example set all Europe talking. The Berliners took the side of the judges, thought Frederick had been too severe, and immediately upon his death the disgraced dignitaries were re instated. But the King's protocol did its work. Catherine of Russia promulgated it as a noteworthy example of royal supreme judicature; the French people went wild over it; both kings and peasants found hope in it. And a noteworthy document it is; well calculated to arouse Carlyle's en