[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 38/39
On the other hand, there is one Segebusch, too, a learned Doctor, of Altona, who takes the King's side,--and really is rather stupid, argumentative merely, and unilluminative, if you read him: Segebusch, _Historischrechtliche Wurdigung der Einmischung Friedrich's des Grossen in die bekannte Rechtssache des Mullers Arnold, auch fur Nicht-Juristen_ (Altona, 1829).] Who, from the remote distance, would venture to contradict? Once more, my own poor impression was, which I keep silent except to friends, that Berlin Society was wrong; that Miller Arnold had of a truth lost portions of his dam-water, and was entitled to abatement; and that in such case, Friedrich's horror at the Furst-and-Company Phenomenon (horror aggravated by gout) had its highly respectable side withal. When, after Friedrich's death, on Von Gersdorf's urgent reclamations, the case was reopened, and allowed to be carried "into the Secret Tribunal, as the competent Court of Appeal in third instance," the said Tribunal found, That the law-maxim depended upon by the Lower Courts, as to "the absolute right of owners of private streams," did NOT apply in the present case; but that the Deed of 1566 did; and also that "the facts as to pretended damage [PRETENCE merely] from loss of water, were satisfactorily proved against Arnold:" Gersdorf, therefore, may have his Pond; and Arnold must refund the money paid to him for "damages" by the condemned Judges; and also the purchase-money of his Mill, if he means to keep the latter.
All which moneys, however, his Majesty Friedrich Wilhelm II., Friedrich's Successor, to have done with the matter, handsomely paid out of his own pocket: the handsome way of ending it. In his last journey to West-Preussen, June, 1784, Friedrich said to the new Regierungs-President (Chief Judge) there: "I am Head Commissary of Justice; and have a heavy responsibility lying on me,"-- as will you in this new Office.
Friedrich at no moment neglected this part of his functions; and his procedure in it throughout, one cannot but admit to have been faithful, beautiful, human.
Very impatient indeed when he comes upon Imbecility and Pedantry threatening to extinguish Essence and Fact, among his Law People! This is one MARGINALE of his, among many such, some of them still more stinging, which are comfortable to every reader.
The Case is that of a murderer,--murder indisputable; "but may not insanity be suspected, your Majesty, such the absence of motive, such the-- ?" Majesty answers: "That is nothing but inanity and stupid pleading against right.
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