INTRODUCTION.
Now it is not because the double name of "Rab Raby" is merely a prettybit of alliteration that the author chose it for the title of his story,but rather because the hero of it was, according to contemporarywitnesses of his doings, named Raby, and in consequence of these samedoings, earned the epithet "Rab" ("culprit"). How he deserved theappellation will be duly shown in what follows.
A hundred years ago, there was no such thing as a lawyer, in the modernsense, in the city of Buda-Pesth. Attorneys indeed there were, of allsorts, but a lawyer who was at the public service was not to be found,and when a country cousin came to town, to look for someone who should"lie for money," he sought in vain.
Why this demand for lawyers could not be supplied in Buda-Pesth ahundred years back may best be explained by briefly describing the twocities at that epoch.
For two cities they really were, with their respective jurisdictions.The Austrian magistrate persistently called Pesth "Old Buda," and theRascian city of Buda itself, "Pesth," but the Hungarians recognised"Pestinum Antiqua" as Pesth, and for them, Buda was "the new city."
Pesth itself reaches from the Hatvan to the Waitz Gate. Where HungaryStreet now stretches was then to be seen the remains of the old citywall, under which still nestled a few mud dwellings. The ancient Turkishcemetery, to-day displaced by the National Theatre, was yet standing,and further out still, lay kitchen gardens. On the other side, at theend of what is now Franz-Deak Street, on the banks of the Danube, stoodthe massive Rondell bastion, wherein, as a first sign of civilisation, atheatrical company had pitched its abode, though, needless to say, itwas an Austrian one. At that epoch, it was prohibited by statute toelect an Hungarian magistrate, and the law allowed no Hungarians buttailors and boot-makers to be householders.
Of the Leopold City, there was at that time no trace, and the spot wherenow the Bank stands, was then the haunt of wild-ducks. Where Franz-DeakStreet now stretches, ran a marshy dyke, which was surmounted by arampart of mud. In the Joseph quarter only was there any sign ofplanning out the area of building-plots and streets; to be sure, therough outline of the Theresa city was just beginning to show itself in acluster of houses huddled closely together, and the narrow street whichthey were then building was called "The Jewry." In this same street, andin this only, was it permitted to the Jews, on one day every week, by anorder of the magistrate, to expose for sale those articles whichremained in their possession as forfeited pledges. Within the city theywere not allowed to have shops, and when outside the Jews' quarter, theywere obliged to don a red mantle, with a yellow lappet attached, and anyJew who failed to wear this distinctive garb was fined four deniers.There was little scope for trade. Merchants, shop-keepers and brokersbought and sold for ready-money only; no one might incur debt save inpawning; and if the customer failed to pay up, the pledge was forfeited.Thus there was no call for legal aid. If the citizens had a quarrel,they carried their difference to the magistrate to be adjusted, and bothparties had to be satisfied with his decision, no counsel beingnecessary. Affairs of honour and criminal cases however were referred tothe exchequer, with a principal attorney and a vice-attorney for theprosecution and for the defence.
At that time, there was in what is now Grenadier Street, asingle-storied house opposite the "hop-garden." This house was theCounty Assembly House whence the provincial jurisdiction was exercised.It had been the Austrian barracks, till finally, Maria Theresa promotedit to the dignity of a law-court, and caused a huge double eagle withthe Hungarian escutcheon in the middle, to be painted thereon; fromwhich time, no soldier dare set foot in its precincts. Here it was onlypermitted to the civilians and the prisoners confined there to enter.Only the part of the building which faced east was then standing: thiswing comprised the officials' rooms and the subterranean dungeons.
The magnates carried on their petty local dissensions, aided by theirown legal wisdom alone, yet every Hungarian nobleman was an expert injurisprudence in his own fashion. There were even women who had provedthemselves quite adepts in arranging legal difficulties. The Hungarianconstitution allowed the right to the magnate who did not wish the lawto take its course, of forcibly staying its execution, and the sameprerogative was extended to a woman land-owner. The commonweal alsodemanded that each one should strive to make as rapid an end as possibleto lawsuits. Long legal processes were adjusted so that there should betime for the judge as well as the contending parties to look afterbuilding and harvest operations, as well as the vintage and pig-killing.On these occasions lawsuits would be laid aside so as not to interferewith such important business.
But if the tax-paying peasant was at variance with his fellow-toiler,the local magistrate, and the lord of the manor, were arbitrators. Sohere likewise there was no room for a lawyer.
But when the peasant had ground of complaint against his betters, he hadnone to take his part. There was, however, one man willing to fill thebreach, although he had been up to this time little noticed, and thatman was Rab Raby--or to give him his full title of honour, "Mathias Rabyof Raba and Mura."
He it was who was the first to realise the ambition of becoming on hisown account the people's lawyer in the city of Pesth--and this withoutlocal suffrages or the active support of powerful patrons--but only atthe humble entreaty of those whose individual complaints are unheard,but in unison, become as the noise of thunder.
The representative of this new profession did Raby aim at being. It wasfor this men called him "Rab Raby," though he had, as we shall see, toexpiate his boldness most bitterly.
In what follows, the reader will find for the most part, a true historyof eighteenth century Pesth. It will be worth his while to read it, inorder to understand how the world wagged in the days when there was nolawyer in Pesth and Buda. Moreover, it will perhaps reconcile him to thefact that we have so many of them to-day!