Fugitives and people of infamous conversation The writ of the Court runs Nos Capitaneus c. Tibi c. Mandamus vigore Regio nostra qua hac parte fungimur Authoritate c. In Criminal causes it is to be served a fortnight in Civil a week before the Court sits To the Judicia Campestria may be referred the Vice-Captains Court which takes cognizance of the division of Estates between brothers forcible ejections servants entertained without testimonial exaction of customs non-payment of publick duties c. The Sub-Chamberlains Court is for settling the bounds of Noblemens Estates The Commissorial Courts are erected for the same purpose when the controversy happens between a Noble-man and one of the Kings tenants For then the King sends down Commissioners to settle the limits of his own lands who therefore issue out their writ after this form Nos c. Commissarii per Majestatem Regiam specialiter deputati vobis Generosis c. innotescimus c. The Tribunal-Courts are superiour Courts which take cognizance of all causes removed thither by way of appeal from the Courts of Land-judicature the Captains Courts the Vice-Chamberlain and the Commissorial Courts The Judges of these Courts are as well spiritual as secular The spiritual Judges are elected by the several Chapters of the Provinces the temporal Judges by the most voices of the Nobility These Courts are held only in two places for Poland Petricow and Lublin The Causes are heard in order for three days are allowed to enter all causes that come and whatever is not enter'd in those three days cannot be medled with that sitting Here are tried all causes that concern Ecclesiastical persons and the revenues of Churches and religious houses The writs issued hence run all in the Kings name under the Seal of the Province where the Defendant lives The Decrees of the Court are seal'd with the Seal of the province where the Court is held From hence there lyes no appeal either to the King or the General Session unless where the Court is equally divided or that the case in Controversy be not decided by the Constitutions The Courts of the General Conventions are either Criminal or Civil The Criminal either for publick crimes as High Treason Treason Robbing the Exchequer Violation of the priviledges of the General Parliament and adulterating or falsifying the publick Coin or else for private crimes as Murder Poysoning Incest Adultery and such like hainous offences To the civil Conventional Courts belong all causes concerning the Estate of the Kings table goods unlawfully received extortion of custome negligence of Magistrates c. all causes concerning the tenths of Noblemens Estates profanation of Churches Land-offices and Honours c. The Judges of this Court are the King and the Senatours Whilst the Senatours and Deputies give their votes the King absents himself afterwards when the decree is confirm'd by plurality of votes he returns and the Marshal having proclaimed the Sentence in the Kings presence commands the person condemn'd to be clapt into irons and takes care that execution be done For causes that relate to the public Revenues there is the Court of the Exchequer usually held at Radom and therefore called Tribunal Radomiense The Judges of this Court besides the Treasurer are certain Senators elected for this purpose in the general Parliaments of the Kingdom Before this Court are examined and tryed all Sub-treasurers and Collectors of contributions and Captains which have not brought into the Treasury what collections were paid into their hands as also all Merchants and others by whom the Treasury has suffer'd any dammage This Court seldome sits above a fortnight or three weeks and always adjourns before the meeting of the general Conventions Nearly relating to this Court is that which they call The Commission for payment of Souldiers wages Here are tryed such Souldiers as have not appeared after they have received their pay or that have committed any Acts of violence towards the Kings Subjects The Judges of this Court are the chief Commission-officers of the Army with certain selected Senators and Deputies to assist them To omit the Military Courts which are the same in all well disciplined armies the Marshal of the Kings house has also his Court whose jurisdiction extends not only over the Kings servants but also over the Senators themselves that live in the Court The Captural Court is two-fold either General which sits during the Interregnum to prevent disorders having absolute power of life and death whose Judges are chosen out of the prime Nobility Or Particular in the several Palatinates of the Kingdom the Judges whereof are chosen out of the Nobility at the several particular Conventions in the beginning of the Interregnum They take cognizance of all causes tryable in the Captains Court and of all injuries and batteries but meddle not with civil matters being like a Court constituted to keep the peace during the Interregnum All Captural Courts cease three weeks before the Assemblies for Election meet After the Election is over they sit again till the Coronation of the King The Jews are every where tried and judged by the Palatines from whom there lyes no appeal except the sum exceed an hundred Florens They that live in Towns or Villages belonging to Noblemen are under the jurisdiction of the Lord of the Royalty In the Assessorial Court the Chancellour sits as supreme Judge assisted by the Masters of requests and the principal Secretaries of the Kingdom Here are heard all causes removed from the City Courts as also from the Palatines when the controversy lies between a Christian and a Jew Of the Court of Relations the King himself is Judg and hears all causes removed by way of appeal out of the Assessorial Court Hence there lies no appeal but only to the Parliament it self and that but in two or three cases As when the action relates to an Estate which the possessour affirms that he holds by inheritance or that it concern the publick revenue of the kingdom I do not find any Ecclesiatical Courts particularly named however most certain it is that the Bishops have their several Courts where either they or their officials take cognizance of all ceremonies and institutions Ecclesiastical and are Judges of Heresy Schism Magick Incantations Usury Simony as also controversies about Tithes and Church-lands of murder or violence offer'd to a religious person or upon holy ground Moreover they determine the rights of Patronage Matrimonial differences and contests touching birth-right As for Wills and Testaments the differences about them are decided in the secular Courts as well as in these unless in case of some Legacies left to the Church From the Bishop's Court there lies an appeal to the Arch-bishop of Leopol from him to the Arch-bishop of Gnesna and thence to the Apostolick See To the Spiritual Courts belong the Court of Nunciature under the jurisdiction of the Popes Nuncio for that purpose always residing in Poland However before he
and Vilna For the Polonians believe that it very much avails both to the security of the Governour and to confirm the allegiance of them that obey that the King should be chosen by the Generality who can then have no pretence to complain of their own Act. The place of Election is in an open field not far from Warsaw near the Village Wola by reason of the multitude of them who have voices in the Election it is mark'd out by the Marshals of Poland and Lithuania When the day of Election is come and the Senators all met the Interrex asks the Question three times Whether it be their pleasure to command that such a one shall be declared King If by consent of voices they return for an answer It pleases us Let him live then the Archbishop declares him King in these words In the name of God I declare such a one King and great Duke of Lithuania and beseech the King of Heaven to enable him for so great a charge and through his mercy so to order that the Election may be prosperous for the Nation and happy for the Catholick Religion After which the Marshals proclaim the Election in the following manner King N. is unanimously elected and so declared by the Interrex him therefore all ye acknowledg your lawfully elected and declared King If the King so elected be absent his Ambassadours are obliged to confirm by oath the conditions and receive the decree of the Election After which the Marshalls make a second Proclamation in these words The Polanders have a lawful King On the other side before the King is admitted he is obliged by oath to preserve the Laws and priviledges of the Kingdom and the Covenants agreed upon by the Estates in all their clauses points and conditions and to renew the said oath at his Coronation But though he be now elected the Interregnum does not cease till after his Coronation for till then he assumes no other Title then that of King Elect neither are his Letters to Foreign Princes seal'd with any other seal then that of the Chamber So that though the present King was permitted to make use of the Seal of great Duke of Lithuania before his Coronation that was only done upon the necessity of the Muscovitick Expedition The usual place of Coronation is Cracow where the Crown is kept in the cheif treasury under the charge of the high Treasurer and the person performing the ceremony is always the Archbishop of Gnesna if not prevented by sickness The chief Ceremonies at the Coronation are the Questions propounded to the King Wilt thou profess the Catholick faith delivered by Catholick men Answ I will Wilt thou defend and maintain the Church and its Ministers Wilt thou uphold defend and govern the Kingdom by God committed to thy care according to Justice Ans I will All which he confirms by the usual form of words and laying his hand upon the Evangelists The Ceremony of anointing is perform'd with saying these words I anoint thee King with the sanctified oil in the name of the Father Son and holy Ghost The words of Confirmation are Sit and possess the Throne appointed thee by God Let thy hand be strengthned and thy right hand exalted The solemnity being ended the King repairs to the grand Assembly for the Coronation where the Interrex resigns his Authority and the Senatours together with the Nobility and Deputies of the Cities take their oaths of allegiance to the new King The present power and authority of the Kings of Poland will more plainly appear by a recital of the articles to the observance whereof they bind themselves as well before as at their Coronation for they contain all the essential properties of Regal Dominion under the name of Pacta Conventa As to their power in Ecclesiastical affairs the Roman-Catholick Kings of Poland have been so kind as to part with their chiefest prerogatives in that particular reserving only to themselves the collation of benefices The King swears to maintain peace between the dissenters in Religion of which there are many in Poland and to compose the causes and differences among persons professing the Greek religion as appears by the Pacta Conventa sworn to by John the Third now reigning As for foundations of Churches and Monasteries whatsoever liberty the King may have to erect they are to be confirm'd by all the orders at the general assembly of Estates and thus the immunities and priviledges granted by the Kings of Poland to the Academy of Vilna were also confirm'd The next prerogative is the legislative power concerning which we find that in the time of Lechus the Kings of Poland had an absolute authority of making Laws themselves as necessity required But afterwards when they had received the Christian faith they began to make Laws with the consent of the Peers Insomuch that Sigismund the Third in the year 1570 enacted That no Law should be of publick force till reviewed and subscribed by such a number of Deputies of the Nobility and Senators whose consent was to be required before-hand whether the Law should pass which Law remains to this day The determination of Controversies was likewise formerly in the breast of the King as supreme Judg till Vladislaus Jagello granted this priviledge to the Nobility That they should not be punished or imprison'd till convicted by Law After him Bathor threw off the burthen of hearing causes from his own shoulders and erected several courts of Judicature in Poland and Lithuania reserving only to himself the judgment of such causes as concerned his Chequer and such Cities as were immediately under his jurisdiction But now the Nobility create the chief Judg or Marshal with his assistants in those tribunals nor does the King sit alone upon causes that come before him by way of appeal besides the King swears to determine all Court causes according to the advice and opinion of the Senators and Officers residing at Court as also to call the causes in order as they are set down in the Register and neither to retard nor further any cause for favour or interest The power of making war did formerly without doubt absolutely belong to the King But Casimir the third in the year 1454 made a promise that he would undertake no war without the consent of the Senate At this day the Kings of Poland by the Pacta Conventa promise not to admit or call in any foreign assistance without the especial consent of the Estates not to encrease the number of the standing Militia nor raise forces privately not to send aid to any other Prince without consent as aforesaid nor to commit the trust of Forts or Castles to strangers or plebeians but to men of worth and landed Nobility Besides all these engagements there is a Council of War elected out of the Senate and Nobility to attend and advise him in the field according to the late Constitutions in the year 1676 and several others before He is also
the Palatines or Woiwodes and Castellanes The Palatines are Governors of Dutchies or Counties Commanders of their Militia in the general Expeditions of the Kingdom appoint Conventions of the Nobles within their own Palatinate and preside in them and in Courts of Judicature and have the patronage of the Jews who are very numerous in Poland They are the first order of the secular Senators The Castellanes are as it were the Lieutenants of the Palatines commanding in time of war the Nobility under them there are divers of them belonging to one Palatine each of them having his District or Castellanate and from hence his title and generally some revenue but no jurisdiction in time of peace only as he is a Senator The Castellane of Cracow was preferr'd before the Palatine upon the rebellion of Scarbimirus the Palatine against Boleslaus III. The Castellanes of Vilna and Troco together with the Captain of Samogitia the only Captain in the Senate had pre-eminence in consideration of their antiquity The Palatines are seated thus 1. The Castellane of Cracow The Palatines of 2. Cracow and 3. Posnania by turns 4. Vilna 5. Sandomiria 6. Castellane of Vilna The Palatines of 7. Calistia 8. Troco 9. Sirad 10. Castellane of Troco 11. Palatine of Lenschet 11. Captain of Samogitia Palatines of 13. Bressic 14. Kiovia 15. Inouladislow 16. Russia formerly of Leopol 17. Volhinia 18. Podolia formerly Caminiecz 19 Smolensko 20. Lublin 21. Plockzow 22. Belze 23. Novogrod 24. Ploco 25. Vitepz 26. Masovia formerly Culmo 27. Podlachia 28. Rava 29. Brzecienski 30. Culmo 31. Mscislauia 32. Mariaeburgh 33. Breslow 34. Pomerania 35. Minsco 36. Czernichow After these Palatines sit the Castellanes distinguished into Greater and Lesser The Greater are these 1. Posnania 2. Sendomir 3. Calissia 4. Voynicz 5. Gnesna 6. Sirad 7. Lenschet 8. Samogitia 9. Brestie 10. Kiovia 11. Inouladislow 12. Leopol 13. Volhinia 14. Camieniecz 15. Smolensko 16. Lublin 17. Belze 18. Novogrod 19. Ploco 20. Witepz 21. Czetne 22. Podlachia 23. Rava 24. Brzescia 25. Culmo 26. Mscilow 27. Elbing 28. Breslow 29. Dantzic 30. Mirisco 31. Czernichow The Lesser Castellanes are 1. Sandecia 2. Medirec 3. Wislick 4. Biecie 5. Rogosnow 6. Radan 7. Zawichost 8. Lenden 9. Srim 10. Tarnow 11. Malagost 12. Vielun 13. Praemissia 14. Halicie 15. Senoc 16. Chelmo 17. Dobrzin 18. Polaniecz 19. Premetenski 20. Krivin 21. Czechow 22. Nackle 23. Rospir 24. Biechow 25. Bidgost 26. Briesin 27. Kruswic 28. Oswiecz 29. Camienecz 30. Spicimiria 31. Inoulad 32. Kowale 33. Santoc 34. Sochaczow 35. Warsow 36. Gostinin 37. Visna 38. Raciecz 39. Sierpz 40. Wysogrogende 41. Ripin 42. Zacochim 43. Ciechanon 44. Live 45. Slonsco 46. Lubaczow 47. Konar in Sirad 48. Konar in Lenschot 49. Konar in Cujavia These are called the Lesser as being more lately admitted into the Senate To greater Castellanes they give the title of Wielmozni or Magnifici to the Lesser that of Vrodzeni or Generosi but by private persons all Castellanes are called Jasnie Wielmozni or Illustrissimi It is established by Law that none may be either Palatine or Castellane in that Province in which he hath no lands The lowest in degree among the Senators are the Officers of the Kingdom and Great Dukedom of Lithvania in the following order 1. The supreme Marshal of the Kingdom 2. The Marshal of the Great Dukedom of Lithvania 3. The high Chancellor of the Kingdom 4. The Chancellor of Lithvania 5. The Pro-Chancellor of the Kingdom 6. The Pro-Chancellor of Lithvania 7. The Treasurer of the Kingdom 8. The Treasurer of Lithvania 9. The Marshal of the Court for the Kingdom 10. The Marshal of the Court of the Great Duke of Lithvania The office of the supreme Marshal is to call the Senate upon command of the King or Interrex to command silence and give leave of speaking therein to promulgate their acts to the people and to pronounce and put in execution the Kings decrees in all causes of infamy and death He prepares the place of the Diets and hath the chief management of matters in those Assemblies receives foreign Princes and Ambassadors at their arrival providing them with lodgings performs also most of the functions belonging to the Lord Steward of the Kings Houshold In the publick assemblies or when he goes before the King he carries a staff upright While the King resides in Lithvania the Marshal of Lithvania has the same power there The Chancellors are both secular persons and the office of Chancellor and Pro-Chancellor is the same only the Chancellor keeps the great and the Pro-Chancellor the lesser Seal In short these two are the mouth and hands of the King in the dispatch of all business The Treasurers are the Stewards of the publick Treasury and masters of the Mint When the King bestows this office upon any one four Senators are appointed to deliver the Treasury to him by an inventory of which there are three copies one with the King another with the Treasurer and the third they keep themselves This by the way take notice of in reference to all the Senators that none of them are permitted to stir out of the Kingdom without particular licence of the Grand Estates and upon some pressing occasion The rest of the Officers about the Court which are not of the Senatorian Order as the Principal Secretary Master of Requests Captain General c. I spare to mention being much-what the same as in other Nations only it is to be observed that there are two of every sort one for the Kingdom of Poland the other for the Great Dukedom of Lithvania The Masters of Requests are always present when the King sits to determine controversies and differences among his Subjects at which time it is their duty to lay open the nature and grounds of the controversie to the King They stand fair upon a vacancy to be admitted Senators The Magistrates for the several Districts are of two sorts that is Land or Camp-Magistrates The Land Magistrates are 1. The Vice-Chamberlain or Judg of bounds and limits 2. The Standard-bearer 3. The Land-Judg 4. The Tribune 5. The Land-Register 6. The Keeper of the Treasury Besides some other inferior Officers The Camp or Military Officers are 1. The Captain with Jurisdiction who is Governor of some Town or Castle 2. The Captain without Jurisdiction 3. The Burggrave who is Governor of some Castle and takes care of the out-guards 4. The Vice-Captain 5. The Judg-Advocate 6. The Field-Register The Councils Councils or Parliaments of Poland are of two sorts 1. Civil to which the Counsellors come in their Gowns 2. Military to which they come in Military habit The latter are only held in the time of an Interregnum The former are frequently called and are 1. Ordinary which by the Laws are summon'd once in two years 2. Extraordinary which are assembled as the necessity of affairs requires When either Ordinary or Extraordinary Councils are to be convened the King by his Letters summons
the lesser Councils or Conventions in the several Palatinates larger Provinces and certain Districts These Conventions precede the general Assemblies of the Kingdom six weeks unless upon some extraordinary accident and are held in the proper Cities of the Palatinates and Provinces appointed for that purpose Here after they have chosen a Marshal who seems to be much like our Speaker as being the Director of the Convention they first consider of such things as are propounded to them by the Kings Deputies dispatched away to every Convention and of what other business is to be motioned at the General Session After that they choose the Land Deputies or provincial Delegates for the general Assembly Every Province sends so many almost in the same manner as our Shires save only that they are not chosen by the people till the whole number amount to about 300. These Deputies are generally elected out of such Magistrates as are not of the Senatorian order excluding all Judges and their Assistants Collectors and all Officers of the Exchequer unless they have exact and full acquittances from the Treasurer The Delegates like our Burgesses have a certain allowance from their respective Provinces during the sitting of the general Assembly The particular Conventions being broken up which by the Law are not to sit above four days three weeks before the Senators and Delegates repair to the Grand Session they meet at the general Committees for the several Provinces where they again read over the Kings commands the instructions given to the Delegates and what was thought needful to be propounded for the publick good The grand Assembly being met the Deputies repair to their Chamber and choose their Marshal or Director which done they are all conducted to kiss the Kings hand and after that ceremony perform'd the Chancellours of the Kingdom and Dukedome in order declare to them the substance of those affairs which are to be the subject of their Debates Before they depart they put the King in mind of supplying such employments as are vacant with deserving persons and desire an account of such Laws or Ordinances as have been made by the resident Senators since the sitting of the last grand Convention Having so done they return to their Chamber The power of these Nuncii or Deputies is very great for when they send any of their number to the King they are presently admitted let the King be never so busy and have an immediate dispatch If they clash in their debates the King is careful to send some of the Senators to reconcile them who then give them the Title of Mosci Panovoie Bracia or Gracious Lords Brothers They have also power to impeach any great Officer of Misdemeanours and to put the King himself in mind of his promises touching the Laws and priviledges of the Kingdom neither is any constitution valid that has not its Original from the Chamber of the Deputies And which is yet more if any one of the whole number of the Nuncii dissent nothing can be legally concluded So that upon the protestation and departure of one Deputy the whole Convention is ipso facto dissolv'd Whilst the Deputies are thus consulting the King and Senators have little to do but to hear certain criminal causes appointed before hand for the first week and some other civil controversies the second till the return of the Deputies embodies the whole Senate together Then every man has liberty to deliver his mind with the leave and direction of the Marshal The King suspends his own opinion till the Senators and Deputies or the major part of them agree Then he endeavours to reconcile their different votes or if he cannot prevail concurs with that party which has voted most conformably to the Laws and priviledges of the Realm These consultations by the Law ought not to be continued above fifteen days after the joyning of both Houses though sometimes urgency of affairs causes farther prolongation When the Session breaks up the Deputies returning home give notice of their return to the Captains with Jurisdiction and the Palatines or Vice-Palatines give the same notice of the return to the Deputies to the Nobility inviting them withal to the Post-Comitial Assemblies or Conventions of Relation the meeting whereof the King appoints In these Conventions the Deputies produce the constitutions made in the last general Assembly of Estates delivered to them under seal by the Chancellours and take care that they be fairly transcribed into the Land and military Registers not omitting after this to give a full account of what they have acted in discharge of their Trusts If the grand Session break up in confusion not having effected any thing to purpose then certain Post-Comitial Councils are called wherein the King prefixes a time for another grand Session Nor is it a wonder that much disturbance should rise in the General Assemblies considering the multitude of the Deputies and the liberty of each member for which reason Cardinal Johannes Franciscus Commendonus facetiously said That Morbus Comitialis was the Epidemical distemper of Poland Now that the King may not want a Council in the interval of general Conventions they before they break up appoint 24 Senators 8 Palatines 8 Major and as many Minor Castellanes and four Bishops to wait quarterly four at a time one Bishop and three Senators till other 28 are chosen And these are bound so close to their duty that they accompany the King to the Wars for which they have a Stipend allowed and payed out of the Treasury The Courts of Judicature in respect of their division are the same as in other countreys 〈…〉 that is either Ecclesiastic or Secular either for civil or criminal causes but in respect of the Judges and manner of proceeding therein not easily to be understood without a particular survey The Nobles have a Court peculiar to themselves called the Court of Land-judicature wherein all actions relating to estates in Land are tryed Where also the Captains and by their permission the Kings Tenants may sue the Nobles themselves for wast done upon the Lands belonging to the Kings table To this Court likewise belong all actions of debt upon Contract The Judges of this Court are a chief Judg a Judg and a Secondary Upon the death of any of these the Nobility propose four landed men whom they recommend to the King who chuses one out of them into the dead place All the Judges are bound to be resident at the Session of the Court which is twice thrice and sometimes four times a year The next remarkable Court is that of the several Captains jurisdiction called Sudy Grodskie or Courtmilitary The chief Judg of this Court is a Captain he sits alone takes cognisance of Rapes Burglary Setting Houses on fire Robberies upon the High-way c. Noblemen not Landed are here also tryed and forreign Merchants coming to Faires He has also power without any noise of Law to condemn and punish idle Vagabonds Thieves Proscribed persons
people what the Reader misses in the general description of Norway may possibly be met with in the following one of Island The Prefecture of Masterland THis Prefecture takes its name from the chief City in it seated on a rocky Peninsula and famous for its great trade in Herrings and other Sea-fish This City with two more of less note Congel and Oddawald and the adjoining Country are commanded by the strong Castle of Bahus now in the hands of the King of Sweden It was first built by Haquin IV. King of Norway about the year 1309 upon a steep rock on the bank of the river Trollet and was then look'd upon as the best Fort that King had in his dominions and a sufficient Bulwark against the daily assaults and incursions of the Swedes and Westro-Goths The Bishopricks of Anslo and Staffenger with the Province of Aggerhuse ANslo called by the inhabitants Opslo and by some Latin writers Asloa was first built by King Harold cotemporary with Sueno Esthritius King of Denmark who frequently kept his residence in this City Here is held the chief Court of Judicature for all Norway wherein all causes and suits at Law are heard and determined before the Governor who acts as Vice-Roy of the Kingdom The Cathedral is dedicated to St. Alward who took great pains in preaching the Gospel to the Norwegian Heathens In this Church is to be shew'n the Sword of Haquin one of their ancientest Kings a signal testimony if the stories they tell of it be true of the strength and admirable art of some Norwegians of former ages The hilt of it is made of Crystal curiously wrought and polished whence Olaus Magnus will needs conclude that the use of Crystal was anciently much more ordinary in Norway then it is at this day in any part of Europe Not far from Opslo on the other side of the Bay stands the Castle of Aggerhusen memorable for the brave resistance it made the Swedish Army in the year 1567 which besieg'd it hotly eighteen weeks together but was at last beat off and forced shamefully to retire About twenty German miles Northward of Opslo lies the City Hammar formerly a Bishops See but at present under the jurisdiction of the Bishop of Opslo Near this Town is the Island Moos where if we believe Olaus Magnus a huge and monstrous Serpent appears constantly before any grand alteration in the State or Government of the Kingdom of Norway In this Province besides the places already mentioned stand the Cities of Tonsberg Fridericstadt Saltsburgh and Scheen which have all a considerable trade from the Copper and Iron Mines which hereabouts are in greater numbers then in any other part of the Kingdom 'T was in this Province that the Silver Mines mention'd before were first discover'd at the expence of Christian IV. King of Denmark and some of the adjoining hills are by the neighbourhood to this day called Silver-bergen or the mountains of Silver To these Mines and the lofty woods of Pines and Fir-trees with which this part of the Country is overspread the Kingdom of Norway owes the greatest part of if not all its trade The City of Staffenger lies in 59 degrees some reckon 60 and a great many odd minutes of Latitude It is seated in a Peninsuia upon a great Bay of the Northern Ocean full of small Islands and guarded by the strong Castle of Doeswick which lies about two English miles from the Town In Civil affairs this City is under the jurisdiction of the Governor of Bergenhusen tho it has its own peculiar Bishop constantly residing in the Town The whole Bishopric is divided into the several Districts of Stavangersteen Dalarne Jaren Listerleen Mandalsleen Nedenesleen and Abygdelag Thomas Conrad Hvegner Bishop of this Diocess in the year 1641 took the pains to collect a great number of Runic inscriptions which lay scatter'd up and down his Diocess some of which are published by Wormius who further informs us that this Conrad's predecessor whose name he omits writ a Topographical description of this City and Bishoprick Beyond the Bay appears the Island Schutenes three German miles in length but scarce half an one in breadth Between this Island which has in it several considerable Villages and the Continent runs up a narrow Frith to Bergen which is called by the Dutch Merchants T' Liedt van Berghen To the Bishopric of Staffenger belongs the Province of Tillemarch or Thylemarch which gave Procopius the first grounds for that assertion of his which he defends with so great vehemency viz. that Scandinavia taken in its largest extent of which Thylemarch is a very inconsiderable part is the ancient Thule The Parish of Hollen in this Province is very remarkable for a Church-yard or burying place on the top of a Church dedicated to St. Michael which is cut out of a great high rock call'd by the Vicenage Vear upon the Lake Nordsee half a mile distant from Scheen Wormius thinks 't was formerly an Heathenish Temple but converted to Christian uses upon the first planting of the Gospel in this Kingdom The Prefecture and Bishoprick of Berghen THis Bishoprick the most fruitful and pleasantest part of all Norway lies to the North of Aggerhusen in the middle or heart of the Kingdom It derives its name from the fair and noble Emporium or Mart-Town of Berghen or else from the strong Castle of Berghenhusen the usual seat of the Vice-Roy of Norway at a small distance from Berghen Northward Berghen an ancient and famous Sea-Port Town mentioned by Pomponius Mela and Pliny is the Granary and Magazine of the whole Kingdom of Norway It lies distant from Bahusen about an hundred German miles by Sea and sixty by land from Truntheim as many from Schagen the outmost Promontory of Jutland almost eighty Some have fetcht its name from the Norwegian verb Bergen which signifies to hide or conceal because the Haven being surrounded with hills seems to be a kind of sculking-place for Ships where Vesfels of two hundred Tun and upwards ride in a spatious and most secure Harbour free from all danger of wind and weather But we need not trouble our selves any further for the derivation of the name then to consider that Berghen in the Norwegian language signifies mountains and Berghen-husen a company of houses among the hills The buildings in this City till within these few years were exceeding mean and contemptible most of them of wood cover'd with green turf and therefore frequently burnt down But of late the Hamburghers Lubeckers Hollanders and others that trade this way have beautified the Town with an Exchange and a great many private houses of credit The most peculiar trade of this City lies in a kind of Stock-fish catcht upon these coasts and thence called usually by the Norway Merchants Berghenvisch This the Fishermen take in winter commonly in January for the conveniency of drying it in the cold and sharp air Besides hither Furs of all sorts and vast quantities of dry'd
parts of Germany So that these still retain'd their ancient forms until the Franks having made themselves Masters of all introduc'd new modes and establish'd a new sort of Government every-where For these Conquerors imitating the Romans reduc'd all Germany into Provinces over which they appointed so many Dukes who had authority to govern and to administer justice according to the tenure of their respective Commissions To these Dukes they sometimes added Assistants who were from their office which was to aid the Dukes in the management of great and weighty affairs call'd Counts or Comites The Dukes were always elected by the King and Nobility out of some illustrious Family yet so that if the deceased Duke's Son were capable and worthy of his Father's honour he was seldom rejected At last the power of these Dukes grew exceedingly great and terrible insomuch that 't was ordinary for several of them to deny to pay homage to the Emperors Which when Charles the Great observ'd he destroy'd the two great Dukedoms of the Francic Kingdom Aquitane and Bavaria by dividing them into several smaller Counties But not long after Charles's death the Emperors created new Dukes in most places where he had chang'd them into Counts Whereupon the Empire was quickly reduc'd to the former straits every Duke pretending to and exercising Regal authority in his own Province The first of these that grew formidably potent was Otho Duke of Saxony afterwards elected Emperor who tho he refus'd the Imperial Diadem and got it conferr'd on Conrad Duke of Franconia was always look'd upon as the most powerful Prince of the German Empire in his time After Otho's death the Emperor Conrad used all means possible to reduce the overgrown power of the Duke of Saxony to some tolerable mediocrity but his endeavours prov'd unsuccessful and Duke Henry stoutly maintain'd the Honours and Priviledges which his Father Otho had enjoy'd without disturbance From that time forward the Emperors lay under an obligation of creating new Dukes who getting into their hands the government of several potent Cities set up for almost absolute Princes Our Learned Antiquary Mr. Selden reckons up six several sorts of Graves or Counts which are these 1. Schlecht-Graven or simple Counts 2. Counts Palatine which as will be shew'n anon are subdivided into several other branches 3. Counts of the Empire 4. Marck-Graves or Counts of the Frontiers 5. Landt-Graves or Counts of Provinces 6. Burg-Graves or Counts of Cities and great Towns There was anciently a seventh sort Here-Graven who answer'd exactly to the primitive Dukes or Her-tzogen for as the office of these was to conduct and govern the Soldiers so the others were to determine all controversies as Field-Judges The Gefurstete Graven do not make a distinct species being nothing else then such Counts as besides their ordinary Title may challenge that of Furst or Prince In the old Laws and Constitutions of the Empire we meet with almost an innumerable company of inferior Officers who have the title of Graven bestow'd on them Such are 1. Cent-Grave he that had the government of an Hundred We may English the word High-Constable 2. Holtz-Grave or Wald-Grave Overseers of the Woods and Forests 3. Gograf of which before 4. Spiel-Grave the Master of the Revels 5. Hans-Grave a Title formerly given to the Chief Judg in all matters relating to Trade debated in the Diet at Ratisbon But we shall not weary the Reader with insisting upon these obsolete Titles of Honour contenting our selves with a short account of the six first kinds which are all our famous Antiquary beforemention'd has thought worthy his taking notice of The first are such as are stiled barely Counts Schlechtgraven without the addition of any more then the place which gives them that Title As Der Graf von Eissenburg Der Graf von Ortenberg c. There were formerly only four of this kind in the whole Empire who were ordinarily called Die vier Graven dess Heiligen Romischen Reichs i. e. The four Graves or Counts of the Holy Roman Empire These were the Counts of Cleve Schwartzenburg Ciley and Savoy But since the Counts of Cleve and Savoy were advanced to Dukes and the Family of the ancient Counts of Ciley was extinct which happen'd about two hundred years ago the Count of Schwartzenburg in Thuringen is the only Prince that bears that Title stiling himself usually to this day der vier Graven dess Reichs Grave zu Schwartzenburg i. e. of the four Counts of the Empire Count of Schwartzenburg Besides him there are now-a-days several other German Counts who may justly be referr'd to this head tho they have no Investiture into any Graffschaft or County but are only stiled Counts of some small Castle or inconsiderable Territories of which they are Lords Such are the Counts of Ottingen and Zollern who are supposed to be of the posterity of some of the ancient Counts of the Empire and thence retain the title tho not the grandeur and power of their Ancestors Counts Palatine call'd by the Germans Pfaltz-Graven Counts Palatine or Dess Heiligen Romischen Reichs Hoffe-Graven are such as have in their Title a certain eminence of their Dignity from a relation as their name denotes to the Emperors Court or Palace For Palatinus is but the possessive of Palatium and signifies no more then an Officer of the Houshold with us in England But this Title is twofold 1. Originally Feudal and annex'd to the name of some Territory or Grafschaft with such jura Imperii Majestatis as other ordinary Princes of the Empire have not as we see in the Title of the Counts Palatine of the Rhine 2. Meerly Personal without the addition of any particular Territory proper to him that hath the Dignity Both the Title and Nature of this later kind are originally to be fetcht from the Examples of the old Roman Empire but the former tho the Nature of it may be found in the ancient Constitutions of the Roman Empire under the name of Praefectus Praetorio yet was in ordinary use as to the Name and Title only in the Francic Kingdom For there was in the Court of the Francic Kings long before their Kingdom was chang'd into an Empire a chief Officer known by the name of Comes Palatii or Count Palatine who had a Vice-Regency under the King in like sort as the Praefecti Praetorio in the elder Empire or the old Chief Justice of England under our ancient Kings that is he had the exercise of supreme Jurisdiction in the name of the King in all causes that came to the Kings immediate audience I suppose the Office of Hofmeister used to this day in every German Prince's Court is a relique of this Palatinate And that Comes Palatii might easily signifie the same thing with Praefectus Praetorio or Hofmeister will not be difficult for any man to imagine that shall consider the signification which the word Comes had amongst the ancient Romans in the usual compellation of
for some time inhabited that part of it which bordereth on the Euxin Sea at last they pass'd thro the Hercynian woods into Germany and gave the name of Sacasena afterwards turn'd into Saxonia to the Country that here by their Conquests they had made themselves Masters of Strabo indeed says and we may believe him that the Sacae did leave their ancient Scythian Seats and Mr. Cambden observes well that Ptolomy places his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 near that part of Scythia whence these men are said to have sallied out But that they ever pass'd the Hercynean woods is one of Goropius's Forgeries and a story not to be met with in Strabo or any other Author of credit I wonder most that Mr. Cambden who was so great a Master of our old English-Saxon tongue should not discern the absurdity of this etymology For in that language saex in the singular number signifies a Saxon as well as Sachs to this day in the High Dutch dialect and seax seaxna and seaxena as also the modern Dutch words Sachsen and Sassen are plurals Now if seax and seaxen be only broken remnants of sacson and sacsones we should in all probability meet with the entire words in some of our ancient Saxon Monuments which could never yet be produced by the best of Antiquaries Wherefore to omit other impertinences of this kind the most probable opinion is that the Saxons had their name from a short kind of weapon call'd in their language Seax different from what any other Germans wore and peculiar only to their own Nation In confirmation of this conjecture some of our English Historians give us a relation of a treacherous parly betwixt Hengist the first Saxon that landed in Britain and King Vortigern It was agreed that both parties should meet on Salisbury-Plain unarm'd but the Saxons intending nothing but treachery carried privately under their Coats short Daggers which upon the watch-word nem eowr Seaxes or take your Seaxes they immediately drew out these weapons and slew no less then three hundred of the British Nobility The like story and as equally true some of the German writers relate of a treacherous massacre committed by the ancient Saxons in Thuringen Pontanus urges the reasonableness of this Etymology more home when he tells us that Saxony in its ancient Arms bears two Seaxes or Hangers cross-ways which says he is an undoubted proof of their first denomination And 't is said that Erkenwyn King of the East Saxons gave for his Arms three short Daggers Argent in a Field Gules A Sythe is still call'd Saisen in the Netherlands and Scher-Sax in the High Dutch signifies as much as ein messer damit man scheret a Razor Wormius tells us that Sags or Saks in the Runic Dialect signifies a Sword or Dagger whose Hilt and Blade were almost of equal length Nor is it at all extraordinary for people to take their names from the several sorts of weapons used by them in battel Thus most learned men agree that the Scythians had their name from the Teutonic word Scytan to shoot because they were excellent Bow-men The Picards are thought to have been first called by that name from Pikes a sort of weapon they best understood We may therefore venture to conclude with the Latin Rythm of the Learned Engelhus Quippe brevis gladius apud illos Saxa vocatur Inde sibi Saxo nomen traxisse putatur From the account which is given us of this people by Zosimus Marcellinus Diaconus Manned and other ancient writers we may learn that they were men of a vast bulk of body and proportionable strength the most renown'd Warriors in Germany and the most terrible enemies which the Romans ever encounter'd Mr. Cambden says they were such notorious Pyrats and most of them so accustom'd to live at Sea that they were afraid to appear on dry land Which agrees with the relation which Isidorus gives of them Gens Saxonum says he Myoparonibus non viribus nituntur fugae potius quam bello parati Hence it was that all along the coasts of Britain and France as far as the borders of Spain the Romans maintain'd continual standing Regiments under the command of several Generals who from their Commission and Office which was to secure the Inhabitants from the sudden and frequent incursions of the Saxon Pyrats were stiled Comites litoris Saxonici per Britanniam Galliam Sidonius in one of his Epistles gives this character of a Saxon Pyrat That he is an enemy formidable beyond comparison one whom frequent Shipwracks recreate rather then terrifie as being not only acquainted but grown familiar with the perils of the Ocean c. Their whole Nation was govern'd by Twelve of the chief Nobles in the Land Government who were Elected to that Dignity by the Commonalty In time of war they chuse a King out of these Twelve chief Commanders who executed Regal authority over the rest as long as the war lasted but as soon as peace was concluded was degraded into his former quality This custom continued amongst them until the conclusion of their wars with the Emperor Charles the Great at which time Wittikind a Nobleman of Angria in Westphalia and one of their Twelve Rulers had the name and authority of a King conferr'd on him But when he was afterwards conquer'd and converted to Christianity by that Emperor this fading Title was turn'd into the more durable one of Duke and his Eleven Companions were advanc'd to the Honourable Titles and Dignities of Earls and Lords from whom the greatest Princes at this day in the German Empire derive their pedigrees Some have imagined that from this Duodecemviral Government of the ancient Saxons our modern way of Judicature by the Verdict of Twelve Jury-men had its first original Whether this opinion be wholly allowable I shall not stand to dispute having said something of this matter in the Description of Island But 't is certain that under the Reigns of some of our English-Saxon Kings this way of proceeding was practis'd in the decision of most Causes both Civil and Criminal For proof hereof I shall only quote an old Law made in King Ethelred's time wherein cap. 3. de Pignore ablato 't is enacted that tÆ¿elf lahmen scylon rehte taecean Ç·ealan and AEnglan syx England syx Ç·ylisce þlien calles þaes hy agon gif hi Æ¿oh taecen oþþe geladian hi ê§ hi bet ne cuþon i. e. All controversies betwixt the English and Welch should be determin'd by Twelve men skill'd in the Law six of each Nation who if they pass'd sentence contrary to the Law should forfeit their whole Estates except they should excuse themselves by acknowledging their error and bewailing their want of judgment in the case proposed Which penalty is near akin to the attainder to which our modern Juries are liable when they bring in a false and corrupt Verdict Tho we have spoken before of the Heathenish Gods worshipped in all parts of Germany Irmenseul and amongst the