History of Friedrich II of Prussia — Volume 16 — Themes and Context

Chapter IV. COCCEJI FINISHES THE LAW-REFORM; FRIEDRICH IS PRINTING HIS POESIES.

In these years, Friedrich goes on victoriously with his Law-Reform; Herculean Cocceji with Assistants, backed by Friedrich, beneficently conquering Province after Province to him;--Kur-Mark, Neu-Mark, Cleve (all easy, in comparison, after Pommern), and finally Preussen itself;--to the joy and profit of the same. Cocceji's method, so far as the Foreign on-looker can discern across much haze, seems to be three-fold:--

1. Extirpation (painless, were it possible) of the Petti-fogger Species; indeed, of the Attorney Species altogether: "Seek other employments; disappear, all of you, from these precincts, under penalty!" The Advocate himself takes charge of the suit, from first birth of it; and sees it ended,--he knows within what limit of time.

2. Sifting out of all incompetent Advocates, "Follow that Attorney-Company, you; away!"--sifting out all these, and retaining in each Court, with fees accurately settled, with character stamped sound, or at least SOUNDEST, the number actually needed. In a milder way, but still more strictly, Judges stupid or otherwise incompetent are riddled out; able Judges appointed, and their salaries raised.

3. What seems to be Friedrich's own invention, what in outcome he thinks will be the summary of all good Law-Procedure: A final Sentence (three "instances" you can have, but the third ends it for you) within the Year. Good, surely. A justice that intends to be exact must front the complicacies in a resolute piercing manner, and will not be tedious. Nay a justice that is not moderately swift,--human hearts waiting for it, the while, in a cancerous state, instead of hopefully following their work,--what, comparatively, is the use of its being never so exact!--

Simple enough methods; rough and ready. Needing, in the execution, clear human eyesight, clear human honesty,--which happen to be present here, and without which no "method" whatever can be executed that will really profit.

In the course of 1748, Friedrich, judging by Pommern and the other symptoms that his enterprise was safe, struck a victorious Medal upon it: "FRIDERICUS BORUSSORUM REX," pressing with his sceptre the oblique Balance to a level posture; with Epigraph, "EMENDATO JURE." [Letter to Cocceji, accompanying Copy of the Medal in Gold, "24th June, 1748" (Seyfarth, ii. 67 n.).] And by New-year's day, 1750, the matter was in effect completed; and "justice cheap, expeditious, certain," a fact in all Prussian Lands.

Nay, in 1749-1751, to complete the matter, Cocceji's "Project of a general Law-Code," PROJEKT DES CORPORIS JURIS FRIDERICIANI, came forth in print: [Halle, 2 vols. folio (Preuss, i. 316; see IB. 315 n., as to the LAW-PROCEDURE, $c. now settled by Cocceji).] to the admiration of mankind, at home and abroad; "the First Code attempted since Justinian's time," say they. PROJECT translated into all languages, and read in all countries. A poor mildewed copy of this CODEX FRIDERICIANUS--done at Edinburgh, 1761, not said by whom; evidently bought at least TWICE, and mostly never yet read (nor like being read)--is known to me, for years past, in a ghastly manner! Without the least profit to this present, or to any other Enterprise;--though persons of name in Jurisprudence call it meritorious in their Science; the first real attempt at a Code in Modern times. But the truth is, this Cocceji CODEX remained a PROJECT merely, never enacted anywhere. It was not till 1773, that Friedrich made actual attempt to build a Law-Code and did build one (the foundation-story of one, for his share, completed since), in which this of Cocceji had little part. In 1773, the thing must again be mentioned; the "Second Law-Reform," as they call it. What we practically know from this time is, That Prussian Lawsuits, through Friedrich's Reign, do all terminate, or push at their utmost for terminating, within one year from birth; and that Friedrich's fame, as a beneficent Justinian, rose high in all Countries (strange, in Countries that had thought him a War-scourge and Conquering Hero); strange, but undeniable; [See--Gentleman's Magazine,--xx. 215-218 ("May, 1750"): eloquent, enthusiastic LETTER, given there, "of Baron de Spon to Chancellor D'Aguessan," on these inimitable Law Achievements.] and that his own People, if more silently, yet in practice very gladly indeed, welcomed his Law-Reform; and, from day to day, enjoyed the same,--no doubt with occasional remembrance who the Donor was.