718 



PROCESS, FORMS OF THE CIVIL PROCOPIUS. 



the whole of tJie future proceedings: but this is a duty 

 which lit' can fulfil but in an imperfect manner. 

 The great disadvantages accruing to the parties 

 themselves, from an imperfect exposition of the 

 cause of action, are the strong motives which induce 

 the greatest caution in drawing up these statements. 

 Yet the most skilful lawyer is not always able to 

 avoid the dangers to which he is exposed ; and as, 

 in Germany, the practice of the law is, generally 

 speaking, the preparatory step to public office, and 

 as very few men of talent remain permanently in 

 the profession, which stands in a very subordinate 

 relation to the court, it is easy to perceive what in- 

 jury is done to the parties by inexperienced, incom- 

 petent counsel. The great art is, to say as little as 

 possible, to admit as little as possible; and an honest, 

 plain exposition by the parties is, of course, very 

 rare. The proof can be attempted but once. A 

 failure is irremediable. Often, therefore, a party 

 with a good cause of action fails, after a tedious 

 process and great expense, and is obliged to begin 

 his cause anew ; and it often happens, that a well 

 founded claim is lost for ever, by an attempted proof 

 badly conducted. (The right of parties to produce 

 better proofs, after having presented insufficient 

 ones, is to be found as yet in but few systems of 

 civil procedure.) The third part of the process, 

 also, viz. the arguments of the counsel, are in writ- 

 ing ; and, as they are only intended for the judge, 

 little care is generally bestowed upon their style of 

 execution, except in some of the higher courts. 



IV. In order to prevent these evils, and to exclude 

 as much as possible the arts of advocates, the Prus- 

 sian process returns to the ancient provisions .found 

 in the Roman and canon law, and retained in the 

 French system of procedure, which require the 

 judge himself to examine the parties respecting the 

 facts ; and it has even gone one step farther. Its 

 foundation was laid as early as the system of pro- 

 cedure of the high-chancellor Cocceji, 1748 ; and 

 the reform of Carmer, in 1780, fully established the 

 rule, that the judge himself should hear the allega- 

 tions of the parties against each other, bring the 

 points of dispute into a connected form (and, if the 

 parties wish it, himself write down the complaint 

 and answer), then collect the proofs respecting the 

 essential facts, and, particularly, hear the witnesses 

 himself. Hence arises the important consequence, 

 that each party can constantly complete and correct 

 his own statements, and is not obliged to bring to- 

 gether, with anxious care, in the beginning of the 

 action, every thing which may become necessary, 

 nor to weigh every word in a balance. No com- 

 plaint can be rejected merely for informality or mis- 

 take in regard to the legal mode of bringing the 

 action, because such defects can be remedied by 

 order of the judge. Hence the conduct of a cause 

 requires, in general, incomparably less time and 

 exertion than in the common German process, and 

 that of France, because interlocutory judgments 

 do not take place ; and the whole course of the 

 cause is directed by decrees. The greatest ad- 

 vantage, however, is considered to be the little in- 

 fluence of mere forms, and the paramount import- 

 ance which is always given to the truth. The 

 third part of the process has nothing peculiar, as 

 here, also, only arguments in writing take place. 

 The remarkable character with which the Prussian 

 judge is thus invested, has been censured by a num- 

 ber of the first jurists in Germany. We have not 

 space to show the advantages of the system ; the 

 Prussians themselves are attached to it, and consider 

 justice as strictly administered in their country. 

 The last part of the Prussian process and the final 

 sentence have been considered, even in Prussia, the 



most objectionable part of the system, and might, 

 perhaps, be remedied by substituting for them oral 

 public proceedings. To a free country, always 

 more or less subject to party excitement, such a 

 system could hardly be adapted. A curious con- 

 sequence of the Prussian process is, that the career 

 of the lawyer begins by being attached to a court, 

 where he works under the superintendence of the 

 judges, hears witnesses, draws up a statement of the 

 circumstances, and afterwards becomes a judge, or 

 some other officer of government, or one of the coun- 

 sellors, the number of whom is limited in each court. 



PROCESSION, in the Roman Catholic church ; 

 a solemn march of the clergy and people, attende d 

 with religious ceremonies, prayers, singing, c.. 

 around the altars and churches, or in the streets, 

 for the purpose of returning thanks for some divine 

 blessing, or averting some calamity, &c. (See Pil- 

 grimage.') Processions, as a part of the symbolical 

 worship of nature, were in use among the ancient 

 heathens ; thus they formed solemn processions 

 about the fields, which had been sowed, and sprin- 

 kled them with holy water to increase their fertility, 

 and to defend them from injuries. The festivals in 

 honour of Bacchus, Ceres, Diana, and other divini- 

 ties, among the Greeks and Romans, were solemniz- 

 ed with processions, in which the images of the gods 

 were borne about ; and similar rites are still found 

 among most heathens. (See Juggernaut.} They 

 appear to have been introduced into the Christian 

 church in the time of St Ambrose, bishop of Milan, 

 in the fourth century. In Protestant countries, pro 

 cessions, as well as pilgrimages, have ceased. 



PROCESSION OF THE HOLY GHOST. See 

 Creed, and Ghost, Holy. 



PROCIDA, GIOVANNI m. See Sicilian Vespers. 



PROCONSUL AND PROPRETOR. The ad- 

 ministration of the Roman provinces was originally 

 intrusted to pretors, but at a later period, to pro- 

 consuls and propretors, with their assistants, the 

 questors and It-gates. The consul and pretor re- 

 ceived the name, the former of proconsul, the latter 

 of propretor, at the expiration of their offices, when 

 they went into the provinces, as governors. . After 

 the Roman empire had been extended over many 

 countries, it was provided by a law of C. Sempronius 

 Gracchus, that, at the consular and pretorial comitia, 

 the senate should distribute the provinces into two 

 provincias consulares, and six preetorias, for which 

 the consuls and pretors should cast lots or divide 

 them among themselves by agreement, a few days 

 after their entrance upon office, after the expiration 

 of the term of which, they became the governors of 

 the provinces allotted to them. The duties of these 

 provincial magistrates were the administration of 

 justice, the supervision of other affairs of the pro- 

 vince, and the command of the troops which were 

 stationed in it. The term of office was usually a 

 year, sometimes two, and rarely three or more. 

 Within thirty days after his return to Rome, the 

 provincial governor was bound to make a report of 

 the acts of his government and of the state of the 

 province. If he had permitted any acts of injustice 

 or oppression, he could be impeached therefor ; as 

 for extortion (repetundarurri), peculation or embez 

 element of the public money (peculatus), or for ab- 

 uses in regard to the army (crimen majestatis ) 

 Notwithstanding these precautions, the provinces 

 were subjected to various oppressions and exactions. 



PROCOPIUS, OF C^LSAREA ; a Greek historian, 

 a native of Cajsarea, in Palestine ; imperial coun- 

 sellor of Anastasius, also of Justin and Justinian, 

 and secretary to Belisarius, whom be attended in 

 his expeditions, of which he wrote the history ; a 



