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THE STRANGE STORY OF RAB RABY

DR. MAURUS JOKAI'S

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[Illustration: portrait of Mor Jokai]

THE STRANGE STORY OF RAB RABY

BY MAURUS JOKAI

[Illustration: SANS PEUR ET SANS REPROCHE.]

THIRD EDITION

LONDON

JARROLD & SONS, 10 & 11, WARWICK LANE, E.C.

[All Rights Reserved.]

PREFACE

TO JOKAI'S "RAB RABY," IN ENGLISH,

By Dr. Emil Reich.

In "Rab Raby," the famous Hungarian novelist gives us, in a manner quite

his own, a picture of the "old regime" in Hungary in the times of

Emperor Joseph II., 1780-1790. The novel, as to its plot and principal

persons, is based on facts, and the then manners and institutions of

Hungary are faithfully reflected in the various scenes from private,

judicial, and political life as it developed under the erroneous policy

of Joseph II.

Briefly speaking, "Rab Raby" is the story of one of those frightful

miscarriages of justice which at all times cropped up under the

influence of political motives. In our own time we have seen the Dreyfus

case, another instance of appalling injustice set in motion for

political reasons. "Rab Raby" is thus very likely to give the English

reader a wrong idea of the backward and savage character of Hungarian

civilisation towards the end of the eighteenth century, unless he

carefully considers the peculiar circumstances of the case. I think I

can do the novel no better service than setting it in its right

historic frame, which Jokai, writing as he did for Hungarians, did not

feel induced to dwell upon.

The Hungarians, alone of all Continental nations, have a political

Constitution of their own, the origin of which goes back to an age prior

to Magna Charta in England. Outside Hungary, it is generally believed

that Hungary is a mere annex of "Austria"; and the average Englishman in

particular is much surprised to hear that "Austria" is considerably

smaller than Hungary. In fact, "Austria" is merely a conventional

phrase. There is no Austria, in technical language. What is

conventionally called Austria has in reality a much longer name by which

alone it is technically recognised to exist. This name is, "The

countries represented in the _Reichsrath_." On the other hand, there is,

conventionally and technically, a Hungary, which has no "home-rule"

whatever from Austria, any more than Australia has "home-rule" from

England. In fact, Hungary is the equal partner of Austria; and no

Austrian official whatever can officially perform the slightest function

in Hungary. The person whom the people of "Austria" call "Emperor," the

Hungarians accept only as their King. There is not even a common

citizenship between Hungarians and Austrians; and a Hungarian to be

fully recognised in Austria as, say a lawyer, must first acquire the

Austrian rights of naturalisation, just as an Englishman would.

The preceding remarks will enable the reader to see clearly that Hungary

never accepted, nor can ever accept Austrian rule in any shape

whatever; and that the entire business of political, judicial, and

administrative government in Hungary must legally be done by Hungarian

citizens only. The King alone happens to be an official in Austria as

well as in Hungary; but according to Hungarian constitutional law he

cannot command, nor reform things in Hungary except with the formal

consent of the Hungarian authorities, in Parliament and County. In

Austria indeed, the "Emperor" was, previous to 1867, quite autocratic;

and even at present he has a very large share of autocratic power.

Now, Emperor Joseph II. desired to melt down Hungarian and Austrian

manners, laws, and institutions into one homogeneous mass of a

Germanised body-politic. With this view he commanded the Hungarians to

practically give up their own language, their ancient national

constitution, and old County institutions, thinking as he did, that such

an unification of the Austro-Hungarian peoples would make the Danubian

Monarchy much more powerful and prosperous than it had ever been before.

He sincerely believed that his scheme of unification would greatly

benefit his peoples; nor did he doubt that they would readily obey his

behests to that effect.

However, the Emperor was quite mistaken as to the effect of his imperial

policy upon the Hungarians. Far from acquiescing in his plans, the

Hungarians at once showed fight in every possible form of passive

resistance, rebellion, scorn, or threats. To them their Constitution

was, as it still is, dearer by far than all material prosperity.

The Emperor's ordinances were coolly shelved, not even read, and with a

few exceptions, all his commands proved abortive. Many Hungarians

admitted then, as others do now, that Joseph's reforms were in more than

one respect such as to benefit Hungary. Yet no Hungarian wanted to

purchase these reforms at the expense of the hoary and holy Constitution

of the country. Joseph, in commanding all those reforms, without so much

as asking for the consent of the Estates, violated the very fundamental

principle of the Hungarian Constitution. This the Hungarians were

determined to resist to the uttermost. In the end they vanquished the

ruler, who shortly before his death withdrew nearly all his ordinances,

and so confessed himself beaten.

It is in the midst of these historic and psychological circumstances

that Jokai laid his fascinating novel. A young Hungarian nobleman,

indignant at the illegality and injustice of public officials of his

native town, who shamefully exploit the poor of the district, approaches

the Emperor with a view to get his authorisation for measures destined

to put an end to the criminal encroachments of the said officials. The

Emperor gives him that authority. But far from strengthening young

Raby's case, the Emperor thereby exposes him to the unforgiving rancour

of both guilty and innocent officials who desperately resent the

Emperor's unconstitutional procedure.

The novel is the story of the conflict between the young noble and the

Emperor on the one hand, and the wretched, but in the nature of the

case, more patriotic officials, on the other. As in all such cases,

where virtue appears either at the wrong time, or in the wrong shape,

the ruin of the virtuous is almost inevitable, while no student of human

nature can wholly condemn his otherwise corrupt and despicable enemies.

In that conflict lies both the charm of the novel and its tragic

character.

As in all his stories, Jokai fills each page with a novel interest, and

his inexhaustible good humour and exuberant powers of description throw

even over the dark scenes of the story something of the soothing light

of mellow hilarity.

EMIL REICH.

_London, Nov. 1st, 1909._

CONTENTS.

PAGE

CHAPTER I. 1

CHAPTER II. 6

CHAPTER III. 11

CHAPTER IV. 16

CHAPTER V. 27

CHAPTER VI. 37

CHAPTER VII. 46

CHAPTER VIII. 50

CHAPTER IX. 58

CHAPTER X. 64

CHAPTER XI. 70

CHAPTER XII. 82

CHAPTER XIII. 86

CHAPTER XIV. 96

CHAPTER XV. 104

CHAPTER XVI. 112

CHAPTER XVII. 130

CHAPTER XVIII. 141

CHAPTER XIX. 150

CHAPTER XX. 159

CHAPTER XXI. 173

CHAPTER XXII. 178

CHAPTER XXIII. 188

CHAPTER XXIV. 197

CHAPTER XXV. 204

CHAPTER XXVI. 219

CHAPTER XXVII. 224

CHAPTER XXVIII. 234

CHAPTER XXIX. 237

CHAPTER XXX. 249

CHAPTER XXXI. 255

CHAPTER XXXII. 259

CHAPTER XXXIII. 268

CHAPTER XXXIV. 278

CHAPTER XXXV. 286

CHAPTER XXXVI. 289

CHAPTER XXXVII. 296

CHAPTER XXXVIII. 301

CHAPTER XXXIX. 308

CHAPTER XL. 317

CHAPTER XLI. 324

CHAPTER XLII. 328

CHAPTER XLIII. 335

CHAPTER XLIV. 339

CHAPTER XLV. 345

CHAPTER XLVI. 349

CHAPTER XLVII. 352

CHAPTER XLVIII. 357

CHAPTER XLIX. 360

CHAPTER L. 364

INTRODUCTION.

Now it is not because the double name of "Rab Raby" is merely a pretty

bit of alliteration that the author chose it for the title of his story,

but rather because the hero of it was, according to contemporary

witnesses of his doings, named Raby, and in consequence of these same

doings, earned the epithet "Rab" ("culprit"). How he deserved the

appellation will be duly shown in what follows.

A hundred years ago, there was no such thing as a lawyer, in the modern

sense, in the city of Buda-Pesth. Attorneys indeed there were, of all

sorts, 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 a

hundred years back may best be explained by briefly describing the two

cities at that epoch.

For two cities they really were, with their respective jurisdictions.

The Austrian magistrate persistently called Pesth "Old Buda," and the

Rascian 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 Hungary

Street now stretches was then to be seen the remains of the old city

wall, under which still nestled a few mud dwellings. The ancient Turkish

cemetery, to-day displaced by the National Theatre, was yet standing,

and further out still, lay kitchen gardens. On the other side, at the

end of what is now Franz-Deak Street, on the banks of the Danube, stood

the massive Rondell bastion, wherein, as a first sign of civilisation, a

theatrical company had pitched its abode, though, needless to say, it

was an Austrian one. At that epoch, it was prohibited by statute to

elect an Hungarian magistrate, and the law allowed no Hungarians but

tailors and boot-makers to be householders.

Of the Leopold City, there was at that time no trace, and the spot where

now the Bank stands, was then the haunt of wild-ducks. Where Franz-Deak

Street now stretches, ran a marshy dyke, which was surmounted by a

rampart of mud. In the Joseph quarter only was there any sign of

planning out the area of building-plots and streets; to be sure, the

rough outline of the Theresa city was just beginning to show itself in a

cluster of houses huddled closely together, and the narrow street which

they were then building was called "The Jewry." In this same street, and

in this only, was it permitted to the Jews, on one day every week, by an

order of the magistrate, to expose for sale those articles which

remained in their possession as forfeited pledges. Within the city they

were not allowed to have shops, and when outside the Jews' quarter, they

were obliged to don a red mantle, with a yellow lappet attached, and any

Jew who failed to wear this distinctive garb was fined four deniers.

There was little scope for trade. Merchants, shop-keepers and brokers

bought and sold for ready-money only; no one might incur debt save in

pawning; 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 both

parties had to be satisfied with his decision, no counsel being

necessary. Affairs of honour and criminal cases however were referred to

the exchequer, with a principal attorney and a vice-attorney for the

prosecution and for the defence.

At that time, there was in what is now Grenadier Street, a

single-storied house opposite the "hop-garden." This house was the

County Assembly House whence the provincial jurisdiction was exercised.

It had been the Austrian barracks, till finally, Maria Theresa promoted

it to the dignity of a law-court, and caused a huge double eagle with

the Hungarian escutcheon in the middle, to be painted thereon; from

which time, no soldier dare set foot in its precincts. Here it was only

permitted to the civilians and the prisoners confined there to enter.

Only the part of the building which faced east was then standing: this

wing comprised the officials' rooms and the subterranean dungeons.

The magnates carried on their petty local dissensions, aided by their

own legal wisdom alone, yet every Hungarian nobleman was an expert in

jurisprudence in his own fashion. There were even women who had proved

themselves quite adepts in arranging legal difficulties. The Hungarian

constitution allowed the right to the magnate who did not wish the law

to take its course, of forcibly staying its execution, and the same

prerogative was extended to a woman land-owner. The commonweal also

demanded that each one should strive to make as rapid an end as possible

to lawsuits. Long legal processes were adjusted so that there should be

time for the judge as well as the contending parties to look after

building and harvest operations, as well as the vintage and pig-killing.

On these occasions lawsuits would be laid aside so as not to interfere

with 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. So

here likewise there was no room for a lawyer.

But when the peasant had ground of complaint against his betters, he had

none to take his part. There was, however, one man willing to fill the

breach, although he had been up to this time little noticed, and that

man was Rab Raby--or to give him his full title of honour, "Mathias Raby

of Raba and Mura."

He it was who was the first to realise the ambition of becoming on his

own account the people's lawyer in the city of Pesth--and this without

local suffrages or the active support of powerful patrons--but only at

the 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 was

for this men called him "Rab Raby," though he had, as we shall see, to

expiate his boldness most bitterly.

In what follows, the reader will find for the most part, a true history

of eighteenth century Pesth. It will be worth his while to read it, in

order to understand how the world wagged in the days when there was no

lawyer in Pesth and Buda. Moreover, it will perhaps reconcile him to the

fact that we have so many of them to-day!

CHAPTER I.

They sit, the worshipful government authorities of Pesth, at the

ink-bespattered green table in the council room of the Assembly House,

the president himself in the chair; close beside him, the prefect, whom

his neighbour, the "overseer of granaries," was doing his best to

confuse by his talking. On his left is an empty chair, beside which sits

the auditor, busy sketching hussars with a red pencil on the back of a

bill. Opposite is the official tax-collector whose neck is already quite

stiff with looking up at the clock to see how far it is from

dinner-time. The rest of the party are consequential officials who

divide their time between discussing fine distinctions in Latinity, and

cutting toothpicks for the approaching mid-day meal.

The eighth seat, which remains empty, is destined for the magistrate.

But empty it won't be for long.

And indeed it is not empty because its owner is too lazy to fill it, but

because he is on official affairs intent in the actual court room,

whereof the door stands ajar, so that although he cannot hear all that

is going forward, he can have a voice in the discussion when the vote is

taken.

From the court itself rises a malodorous steam from the damp sheepskin

cloaks, the reek of dirty boots and the pungent fumes of garlic--a

combined stench so thick that you could have cut it with a knife.

Peasants there are too there in plenty, Magyars, Rascians, and Swabians:

all of whom must get their "viginti solidos," otherwise their "twenty

strokes with the lash."

For to-day is the fourth session of the local court of criminal appeal.

On this day, the serious cases are taken first, and after the

death-sentences have been passed, come a succession of lesser peasant

offenders for judgment.

Some have broken open granaries, others have been guilty of assaults,

but there are three main groups. To one of these belong the settlers

from Izbegh who have been convicted of gathering wood in the forests of

the nobles. The second section embraces those culprits who were artful

enough during the vintage to cover the ripe grapes over with earth, (so

that the magnates should be cheated out of their tithes), and to evade

the heydukes who kept watch and ward over the vintagers. Thirdly, there

were the offenders who had formed a deputation to the chancery court,

and dared to pray for a revision of the public accounts for the past

twenty-five years, a request at once temerarious and stupid, for

twenty-five years is a long time--long enough indeed for accounts to

become rotten and worm-eaten. But that they were in sufficiently good

order, the revenue for this particular year, 1783, testified, seeing it

amounted to sixty thousand gulden, of which six thousand were paid to

the ground landlord, and two thousand towards the internal expenses of

the province, with a balance in hand of fifty-two thousand gulden--not

an extravagant outlay, surely!

But what remains for the peasant?

Why just those twenty strokes with the lash. These solve the question of

"plus" and "minus."

The presiding judge, Mr. Peter Petray, only records his vote through the

door, but he himself is doing his official part, for from the window of

the adjoining room he superintends the sentences carried out in the

improvised court below. There are the prisoners in the dock on whom the

vials of justice are being poured forth. They are by no means a

contemptible study either for the psychologist or the ethnographer. The

Rascians are the defaulters against the vintage rights, and loudly they

shriek and curse as the blows are administered, whilst the outragers of

the forestry laws are mostly Swabians, who take advantage of the pauses

between the lashes roundly to abuse the overseer. But there are many

other delinquents besides in that motley crowd, who simply clench their

teeth and await their chastisement.

But the eye of the law must itself watch over the execution of judgment,

so that nothing in the shape of an understanding between the heyduke

and the culprit, tending to mollify the punishment, may be arrived at.

Much depends on how the blows are laid on. Not only does the sentence

provide that the due number of lashes may be fulfilled, but likewise

that the strokes should be heavy. It is for this that the judge, if he

sees the heyduke falter in his work, urges him on to harder blows, by

calling out "Fortius!"

But Judge Petray knows how to combine duty and pleasure. For Fraulein

Fruzsinka, the niece of the prefect, is also in the room, and their

whispered confidences and languishing glances show that the judge and

the young lady have not met here to discuss simply official questions.

Whilst the notary in the next room is reading the indictment in a loud

enough tone for Petray to be able to follow him, this dignitary manages

to interpolate various interesting "asides" to his companion amid the

fire of cross questions, and only calls out his vote when asked for it.

Only the prefect cannot just now leave his post as assessor, and it is

impossible for him to see all that goes on. In the pauses therefore

between the blows, the flirtation between these two goes on merrily.

It was just then that Fraulein Fruzsinka whispered something to her

lover.

"Willingly," he answers, "but while I do it the Fraulein must take my

place at the window, and count the strokes in my stead."

"And remember the heyduke's name is 'Fortius,'" added the judge to his

representative.

Fraulein Fruzsinka leaned out of the window still laughing heartily, and

began to count as if she were noting a scale of music. The culprit,

seeing a girl's smiling face looking down on him, appealed to her for

mercy. And the young lady, who was by no means hard-hearted, called out

to the heyduke: "Don't beat the poor fellow so pitilessly, Fortius." But

that official only flogged all the harder.

At the twelfth stroke, Petray came back and slipped something into the

hand of the girl as she leaned out of the window.

This something she pressed to her lips as she withdrew again behind the

curtain, hiding it in the great locket she wore on her breast. The judge

counted on.

Now it was the turn of a gipsy band, six of whose number had stolen a

goose, and were to receive half a dozen lashes apiece in consequence.

Later on they will provide the music at dinner, at the command of their

prosecutors: "Now we fiddle to you, then you will play to us!"

Fraulein Fruzsinka, with a parting hand-clasp, hastens away to see to

the setting of the table, for the silver and glass and table-linen are

her special care. The judge raised her hand to his lips as she left.

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