Suspension of Jurisdiction of Castrensial Courts of Law in Kraków Due to Sejmik or Sejm in the Light of Their Praxis at the Turn of 17th Century Cover Image

Zawieszenie jurysdykcji w grodzie krakowskim ze względu na sejmik lub sejm w świetle praktyki przełomu XVI i XVII w.
Suspension of Jurisdiction of Castrensial Courts of Law in Kraków Due to Sejmik or Sejm in the Light of Their Praxis at the Turn of 17th Century

Author(s): Kacper Górski
Subject(s): History of Law, 17th Century
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: Kingdom of Poland; Polish-Lithuanian Commonwealth; land law; sejmik; Sejm; castrensial court of law; land court of law;

Summary/Abstract: This paper discusses the impact of sejmiks and Sejms on land law judiciary. Although suspending courts’ activities due to public convention was practised in Poland in the late Middle Ages, it was not prescribed in written land law until 1538. According to the constitution of 1538, the land courts of law should cease after sejmik that precedes Sejm was held. The administration of justice resumed when the Sejm finished. These rules were in force up to the late 80s, when new laws were passed. Land law judiciary (i.e. land, castrensial judicial, and castrensial official courts of law) should be suspended a week before sejmik (1590) and should resume two weeks after the Sejm ended (1589) thereunder. The aim of this paper is to present resultsof research on practical compliance with these principles. The object of study was the praxis of both castrensial judicial and castrensial official courts of law in Krakow in the years 1585–1620. The fundamental primary sources were books of records, which are preserved in the National Archives in Krakow. Within such chronological scope it was possible to establish how above-stated principles were followed in courts of law before and after revision of 1589–1590.

  • Issue Year: 21/2022
  • Issue No: 1
  • Page Range: 201-230
  • Page Count: 30
  • Language: Polish
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