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A69789 The history of Poland. vol. 2 in several letters to persons of quality, giving an account of the antient and present state of that kingdom, historical, geographical, physical, political and ecclesiastical ... : with sculptures, and a new map after the best geographers : with several letters relating to physick / by Bern. Connor ... who, in his travels in that country, collected these memoirs from the best authors and his own observations ; publish'd by the care and assistance of Mr. Savage. Connor, Bernard, 1666?-1698.; Savage, John, 1673-1747. 1698 (1698) Wing C5889; ESTC R8630 198,540 426

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the Church and the Civil Magistrates are oblig'd to be Assisting to them in the Execution of their Sentences as often as they shall be so requir'd To the Ecclesiastical Courts belongs the Court of Nunciature held by the Popes Nuncio for that purpose always residing in Poland However before he can have any Jurisdiction he must have presented the King and the Principal Ministers of State with the Apostolic Brief of his Nunciature The Civil Jurisdiction is divided among divers sorts of Judges and belongs to the Commonalty as well as Gentry Some of these determine Causes exempt from Appeals and others cannot Those from whom there lies no Appeal are the three High-Tribunals instituted by Stephen Batori the Judges whereof are all Gentry Two of these Tribunals are for the Kingdom and one for the Great Dutchy Those for the Kingdom keep their Session Six Months at Petricovia in Low Poland and the other Six at Lublin in High Poland That for the Great Dutchy is alternatively one year at Vilna and another either at Novogrodec or Minski They all consist of so many Judges both Ecclesiastical and Civil chosen out of every Palatinate the former once in four years and the latter once in two Judgment is pronounced here by Plurality of Voices but where Matters are purely Ecclesiastical there ought to be as many of the Clergy as the Laity The Causes here are heard in Order for three days are allow'd to enter all that come and whatever are not enter'd within that time cannot be adjudg'd that sitting A Man that has a Trial in these Courts may be said to have all the Nation for his Judges Deputies both Ecclesiastical and Temporal being sent thither for that purpose from all Parts of the Kingdom The Senate also Judges of Civil or Criminal Matters without Appeal As do likewise the Great Marshals in all Cases relating to the King's Officers And the Great Chancellors in matters of Appeal to the Court which they have only Cognisance of But the Marshal's Jurisdiction extends over all Merchants and Strangers both who find but little Justice done them in Poland when they have occasion for it Also there are two Exchequer Courts for the Revenue one held at Radom in High Poland and the other at Vilna These Courts seldom sit above a Fortnight or Three Weeks Those that are not exempt from Appeals are the Courts of the Gentry and Commonalty in every Palatinate which are by no means to have any of the Clergy for Judges Those for the Gentry are either the Courts of Land-Judicature or those of the Starostas and are more or fewer in number according to the Extent of the Palatinate where they are held The Courts of Land-Judicature have one Judge an Associate and a Natory or Head-Clerk to Try Causes and Administer all Civil Justice in some Places four in others six times a year and in others once a Month. The Courseof these Courts can only be interrupted by the Death of any of their Judges by the Diet or by the general Meeting of the Palatines and Magistrates which last is every Autumn to hear Appeals from Inferiour Courts The Towns where the Gentry sit are in great number and it must be observ'd that none who have Lands or Goods within each Jurisdiction can be made to Appear at a Court where they have none The immediate Appeal from these Courts is to the Vice-Chamberlain of the Palatinate who either by himself or his Deputy the Chamberlain of that District restores all that have been Dispossess'd and ascertains all Bounds and Limits of Lands This is as it were his whole Jurisdiction But where there is any Contest between the King and any of the Gentry in this Kind then at their request Commissioners are appointed out of the Senate to inspect the matter disputed and to do Justice therein Likewise where the Difference is between the King and a Clergy-man Commissioners are order'd but there the Bishop of the Diocess Claims the Nomination of one or more of them When any of the Officers of the Courts of Land-Judicature die the King cannot Name others till the District to which they belong'd have chosen Four out of the House-keepers but then he may pitch upon One for each Election This Office being once obtain'd it cannot be forfeited but by a Higher Promotion or Male Administration The other Courts for the Gentry are those that take cognizance of Criminal Cases whereof there is one only in every Starostaship call'd Sudy Grodskie Where either the Starosta himself or his lieutenant-Lieutenant-Criminal Administers Justice in his Castle or some other publick Place at least every Six Weeks He likewise has Cognisance of Civil Causes between such as have no Lands and such Forreigners as come to Trade here Process in Criminal Cases is to be serv'd here a Fortnight and in Civil a Week before the Court sits He is also the Executive Minister of all Sentences pronounc'd and likewise a sole Conservator of the Peace within his Territories He is oblig'd by himself or his Officers to see all Publick Executions perform'd The Courts of the Commonalty are either in Cities or Villages In Cities Justice is Administred by the Scabins Town-Hall or Judg-Advocate The Scabins have cognisance of all Capital Offences and Criminal Matters the Town-Hall of all Civil Cases to which likewise the Gentry are subject and the Judg-Advocate of Offences committed by Soldiers Civil Matters of small Moment are determin'd solely by the Governour of the City but which are subject to Appeal to the Town-Hall and thence to the King In Villages the Commonalty are subject to Scabins being the Kings Officers and to Scultets or Peculiar Lords from which last lies no Appeal Here Justice is almost Arbitrary except in Criminal Cases The Scultets are Hereditary Judges The Execution of all Sentences in Cities and Towns is in the hands of its own Magistrates though in some cases they are forc'd to beg Assistance from the Starostas The Officers and Magistrates of the Plebeian Courts are some nam'd by their Peculiar Lords and some Elected by their Fellow Citizens except in Cracow only where the Palatine has a Right of Choosing the Magistrates though he has not the same Power to dis-place them after they are once chosen for they are to continue their Office for Life unless they forfeit it by Infamy or Inability Out of the XXIV composing the Council or Senate of Cracow the Palatine every year deputes Eight with the Title and Power of Presidents He also Names the Judge and Scabins by the Magdeburg Laws though these in other Cities are chosen by the Council The Scultets or Hereditary Judges cannot be remov'd but in extraordinary Cases The Profits of all Offices are but very small and scarce any certain the Poles esteeming the Honour of enjoying them sufficient Recompence Nevertheless they have all Salaries and Perquisites though inconsiderable The Military
of the great Dutchy's Army and receives no manner of Orders from the Crown-General except where both are jointly engag'd in a Battle These great Generals in the King's Absence have the greatest Power in the Kingdom for they have then a supreme Command in the Army They give Battle and besiege Towns without the King's Participation and settle Winter-Quarters where and upon what Lands they think fit This Power of theirs is so extraordinary considerable that a great General is formidable to all the Nobility Their Duty is to keep good Order and Discipline in the Army to punish mutinous and seditious Officers and Soldiers to settle the Prizes of all Commodities and Provisions brought into the Camp to give Command or necessary Orders for a Charge or Retreat and in fine to do any thing that his Majesty could were he present It is therefore the Interest of a King of Poland always to head his Army himself to have his Sons with him in the Field and to give them Opportunity to gain Reputation and Credit by their Valour and Conduct for the more the King encreases his own Fame or that of his Sons the more he diminishes the Credit and Power of his Generals who are the only Persons in the Kingdom that are most to be fear'd and who have the greatest Power and Influence over the Gentry in the Election of a King The present great General of Poland is the Count Jablonowski of the French Faction and of Lithuania Prince Sapieha suppos'd to be of the Austrian Faction When the Office of great General is vacant the little or Lieutenant-General has a Right to succeed him The two Lieutenant-Generals of Poland and Lithuania are to preside in all Court-Marshals and to take care that Guard be strictly kept throughout the Camp Also they are to observe that all Spies and Scouts be sent out as often as Occasion requires and lastly to see that foreign Soldiers be duly paid The Business of the chief Commander of the King's Guards in the Camp is to command solely those Soldiers who are assign'd to guard his Majesty's Person in the Camp but upon the Kings Departure this Officer's Power ceases There are several other Officers of Note in the Army the most considerable of which are the great Ensign or Standard-Bearer the great Master of the Artillery the Camp Notaries and Commander of the Guards against Incursions of which two last I shall only speak here Camp-Notaries are Pay-Masters General for the Army both of the Kingdom and great Dutchy The chief Commander of the Guards against the Incursions of the Tartars c. This Officer is posted on the Confines of the Kingdom towards Crim-Tartary c. and is to give Notice of all the Motions of the Enemy For the civil State-Officers there are the two great Secretaries of the Kingdom and Dutchy They have a Power to enter into the Privy-Council and to take Cognizance of what the Chancellors and Vice Chancellors do They must both be Ecclesiasticks and their Office is a great Step to the Chancellor's Dignity They have the keeping of the King's Signet and are qualify'd for the highest Episcopal Honours and have Precedence before most Officers of the Court or Kingdom The Masters of Requests or Referendaries of the Kingdom and the great Dutchy Their Business is to receive Petitions made to the King and to give his Majesty's Answer They have a Place in any of the King's Courts of Justice These are in all four one Ecclesiastical and one Civil for the Kingdom and the like for the great Dutchy Two Cup-Bearers for each Nation for the same Two Carvers and Two Sword-Bearers The Treasurers of the Court in the Kingdom and the great Dutchy These supply either the Absence or Vacancy of the Office of the great Treasurers The Treasurer of Prussia whose Business is to take all Accounts of the Collectors of Revenue in that Province and to transmit them to the great Treasurers Associates to Judges which are generally such as reside in the King's Court viz. the Masters of Requests Vice-Chancellors c. Two chief Notaries of the Courts of Justice for civil Causes either of the Kingdom or the great Dutchy Two Registers in the Chancery of both Nations An Officer that looks after the Escheats call'd by us Escheator He can either sue for or seize any such Lands or Goods as fall to the Crown The Commissioners of the Custom-Houses who give in their Accounts as often as the great Treasurers require them The Governours of the Silver Lead and Salt Mines They exercise Jurisdiction over the Workmen there but must nevertheless admit of Appeals to Court The Governours or Wardens of the Mint which are for the most part the Treasurers of the Kingdom Their Business is to take care that the Mony there coin'd be of Weight and Value The chief Officers of the King's Court are treated of before in the Letter to his Grace the Archbishop of Canterbury The Officers of Districts may be divided into two Sorts Civil and Military The civil are The Vice-Chamberlain whose Office is to decide all Differences within his District about the Bounds of Land c. to which he is sworn He has several Deputies under him call'd Chamberlains whom he chooses out of the Gentry of his Jurisdiction and to whom he gives an Oath to be true and faithful in the Execution of their Office It is at his Pleasure to displace these as often as he thinks fit The Judge who together with his Assistant determines all civil Causes and Controversies The Prothonotary who in those Courts has likewise a Power of giving his Opinion The head Collector of the publick Revenue who is accountable above The other Officers are less considerable being Sewers Carvers Cup-Bearers Sword-Bearers c. The Reason of there being such Officers in every Palatinate is because formerly each Province of Poland was a Sovereignty and had its peculiar Princes who had all their Court-Officers But now tho these Offices remain yet it is only with Honorary Titles and some few Privileges the chiefest of which are that when the King comes into their Palatinate his Court-Officers must leave to them the Honour of serving him at Table bearing the Sword before him c. The Military Officers of a District are Starostas with and without Jurisdiction Starostas with Jurisdiction are Governours of Castles and Royal Cities who sit and hear private Causes of small Moment once a Fortnight and those of greater concern every six Weeks if nothing intervene to prevent them These have Vice Starostas Judges Clerks and Servants in the Nature of Sheriffs Officers to enforce Justice in Cases of Resistance The Jurisdiction of these Starostas extends not only over the Commonalty but likewise over the Gentry They have also a Care of the
about the good of the Publick Next the four Supreme Counsellors or Ministers of State meet twice every Year that is on the Epipbany and Trinity Monday at Mittaw and sit at least five Weeks to exercise and do Justice The First Week is usually spent in State-Counsels where the Princes Presence and Authority is likewise requir'd The second is taken up in judging Appeals from inferiour Courts The Third in determining Criminals Cases The Fourth in settling Ecclesiastical Affairs And the Fifth in hearing Complaints of and receiving Petitions from the Subjects The degrees of demanding Justice in Cities in all extraordinay matters are these First The Gentry apply themselves to the Supreme Starosta for it must be observ'd that the inferiour Starostas have little jurisdiction but in small matters Secondly In Case of Appeals they have recourse to the supreme Councellors Court In Criminal Cases where the life of any Nobleman is concerned immediate Application is made to this Court and the four Supreme Starostas are oblig'd to assist there If any of these Starostas happen to be absent one that is inferiour may be deputed in his room Thirdly Appeals may be made both in Criminal and Civil Cases to the Court of Poland which the Curlanders term Judicia Post-Curialia Ecclesiastical Courts are held by the four Supreme Councellors before mention'd in conjunction with a Sur-intendant and four Provosts The Inferiour City Courts belong to the City Magistracy or to the Neighbouring Starostas within whose Jurisdiction the Offender lives Appeals in these trivial Courts can be made no farther than to the Supreme Starostas whose Sentence is Final The Executors of Justice in Curland are term'd die Man-Richters who in Civil Cases after a third Summons to satisfy the Plantiff and upon Non-performance or Non-Plea levy the Debt or Demand by way of Distress The Trade of Curland consists in much the same Commodities as in Poland The Corn of Curland and Livonia is fought after by the Dutch more than that of Poland by reason that it is better prepar'd and cur'd here than in other Countries for they are accustom'd to dry their Corn in the Straw as we do Malt and afterwards to thrash both together But this consumes a great deal of Wood and therefore the King of Sweden has forbid it to be practis'd any where within his Dominions I had almost forgot to acquaint you Sir that this Dutchy of Curland in case the Duke thereof wants Heirs-Males is to revert to the Crown of Poland in like manner as Ducal-Prussia is to do from the Elector of Branden burg Thus Sir I have endeavour'd to make what use I could of my short time and imperfect helps to entertain you but which I have a great deal of reason to despair of accomplishing unless I could have produc'd something more Accurate in its kind nevertheless I hope you will dispense with my Inabilities and accept the Good Will of SIR Your very Humble and Obedient Servant J. S. FINIS THE TABLE VOL. I. A ALexander King When Crown'd and how long Reigned Page 67. His Wars and Death 68. His Character Ibid. Alexander Prince His Character 189. Affected by the Queen ibid. B BOleslaus I. His Wars 26. Institutes XII Senators his Assistants Ibid. His Character and Death ibid. II. How long Reign'd 29. His Wars Marriages and Vices ibid. Flight out of the Kingdom and Death 30. III. His Sir-name and Wars 31. c. His Marriage 32. Valour and Success 33. Death Issue and Character ibid. IV. When Elected and how long Reign'd 35. His Wars ibid. His Death 36. V. His Sir-name and Guardians 43. When Elected and how long Reign'd ibid. His Marriage ibid. His Troubles 44. Retires into Hungary ibid. Returns 45. Farther Troubles and Wars ibid. His Death ibid. Batori vide Stephen Bishop Of Cracow Lord over 13 Cities 223. His Chapter ibid. Bresty City It s Description 234. Braclaw Pal. Chief Cities and Towns 277. Descriptions ibid. Braclaw City It s Description 277. Belsko Pal. Description 280. Division into Districts ibid. Chief Cities and Towns 281. Their Descriptions ibid. Belsko City It s Description 281. Byelsko Cap. of Podlachia It s Description 297. Broscia Pal. One district 330. Chief Cities and Towns ibid. Descriptions 331. Its Arms 332. Brescia City It s Description 331. Bears Nourish Children 342. Story of one ibid. Assertion confirm'd by the King 343. Another account from the Dutch Embassador ibid c. A third Account from Hartknock 348. C. City The First 6. The Second ibid. Cracus His Death 13. His Issue ibid. Cracow When and by whom built 12. University by whom Founded 59. Taken by Stratagem 132. Where Situate and how distant from other Places 238. Whence its Name ibid. Its Division Castle and Cathedral 238 c. When first made a Metropolitan See 240. How many Churches ibid. Its University and Professors ibid. c. Its Colleges 241. Vice-Chancellor ibid. Monasteries and Mendicants 242. Its Houses ib. Mayor of Cracow 248. Government of the Castle 249. Chrobry vi Boleslaus I. Casimir I. Queen Regent during Minority ibid. He becomes Monk ibid. Recall'd upon Agreement with the Pope ibid. His Marriage Wars Death and Issue 28. II. When Elected and how long Reign'd 37. Surnam'd the Just and an Example ibid. c. Eases his Subjects of Taxes 38. Conspiracy against him ibid. Disappointed 39. His Wars ibid. Death and Issue ibid. III. Surnam'd the Great 50. When Elected and how long Reign'd ibid. Makes Peace with Teutonic Knights ibid. His Conquests ibid. Good Deeds ibid. Character other Wars and Death 55. IV. When Elected and how long Reign'd 63. His Marriage ibid. Assists the Prussians 64. Routs Teutonic Order ibid. Obtains advantageous Peace ibid. His Issue 65. His Death and Age. Curland and Semigallia First Duke 77. Enjoy'd by his Posterity ever since ibid. Common Wealth Jocular of Babina 79. Candidates for the Crown After the death of Sigismundus Augustus 85. After the Abdication of Henry of Valois 87. After the death of Stephen Batori 104. Two of these come into Poland 108. After Uladislaus VII 125. After John Casimir 140. After Michael Wiesnowiski 155. After John Sobieski 235. Courts of Justice none 90. Batori erects two call'd Tribunals ibid. Were to determine Civil Causes without Appeal ibid. Cosacks How so term'd 94. Us'd to make Inroads ibid. To whom compar'd ibid. Reduc'd to a Discipline ibid. Whence their Name ibid. Extent of their first Dominions 95. A Conjecture about this Country ibid. It s present Extent 96. Their Buildings ibid. Character ibid. Religion 97. Fasts ibid. Language 98. Customs and Manners ibid. Abundance of Flies and Locusts ibid. Their Customs and Manners in Peace and War 99. Their Rebellion 146. Are favour'd by the Turks ibid. Produces a bad Peace ibid. Conti Prince of Pretends to the Crown of Poland 205. Proclaim'd King by the Primate 206. Sent for into Poland 207. Favour'd by Prince Sapieha ibid. Comes to Dantzic ibid. Gives