[History of Friedrich II. of Prussia Vol. XXI. (of XXI.) by Thomas Carlyle]@TWC D-Link bookHistory of Friedrich II. of Prussia Vol. XXI. (of XXI.) CHAPTER VII 1/39
CHAPTER VII .-- MILLER ARNOLD'S LAWSUIT. About the Second Law-Reform, after reading and again reading much dreary detail, I can say next to nothing, except that it is dated as beginning in 1776, near thirty years after Cocceji's; ["In 1748" Cocceji's was completed; "in 1774-1775," on occasion of the Silesian Reviews, Von Carmer, Chancellor of Silesia, knowing of the King's impatience at the state of Law, presented successively Two MEMORIALS on the subject; the Second of which began "4th January, 1776" to have visible fruit.] that evidently, by what causes is not stated, but may be readily enough conjectured (in the absence of Cocceji by death, and of a Friedrich by affairs of War), the abuses of Law had again become more or less unendurable to this King; that said abuses did again get some reform (again temporary, such the Law of Nature, which bids you sweep vigorously your kitchen, though it will next moment recommence the gathering of dirt upon it); and that, in fine, after some reluctance in the Law circles, and debating PRO and CONTRA, oral some of it, and done in the King's presence, who is so intent to be convinced and see his practical way in it, [At Potsdam, "4th January, 1776," Debate, by solemn appointment, in the King's presence (King very unwell), between Silesian-Chancellor von Carmer and Grand-Chancellor von Furst, as to the feasibility of Carmer's ideas; old Furst strong in the negative;--King, after reflection, determining to go on nevertheless.
(Rodenbeck, iii. 131, 133.)]--there was, as supplement to the mere Project or Theory of a CODEX FREDERICIANUS in Cocceji's time, an actual PRUSSIAN CODE set about; Von Carmer, the Silesian Chancellor, the chief agent: and a First Folio, or a First and partly a Second of it, were brought out in Friedrich's lifetime, the remainder following in that of his Successor; which Code is ever since the Law of the Prussian Nation to this day. [Not finished and promulgated till "5th February, 1794;" First Volume (containing PROZESS-ORDNUNG, Form of Procedure, in all its important details) had come out "26th April, 1784" (Preuss, iii.
418-422).] Of its worth as a Code I have heard favorable opinions, comparatively favorable; but can myself say nothing: famed Savigny finds it superior in intelligence and law-knowledge to the CODE NAPOLEON,--upon which indeed, and upon all Codes possible to poor hag-ridden and wig-ridden generations like ours, Savigny feels rather desperate.
Unfortunate mortals do want to have their bits of lawsuits settled, nevertheless; and have, on trial, found even the ignorant CODE NAPOLEON a mighty benefit in comparison to none!-- Readers all see how this Second Prussian Law-Reform was a thing important to Prussia, of liveliest interest to the then King of Prussia; and were my knowledge of it greater than it is, this is all I could hope to say of it that would be suitable or profitable at present.
Let well-disposed readers take it up in their imaginations, as a fact and mass of facts, very serious there and then; and color with it in some degree those five or six last years of this King's life. Connected with this Second Law Reform, and indeed partially a source of it, or provocation to go on with it, mending your speed, there is one little Lawsuit, called the MILLER ARNOLD CASE, which made an immense noise in the world, and is still known by rumor to many persons, who would probably be thankful, as certainly I myself should, for some intelligible word on it.
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