the bishops themselves being so careless of the episcopal charge, that they neglect correcting the inferior clergy when they do amiss.

At divine service the Poles seem always very devout, and bestow considerable gifts upon their churches; but they are neither liberal to the poor, nor careful of sick necessitous persons. They pray always aloud in the church, and at the elevation of the host at mass, they cuff themselves, and knock their heads against the pavement or the bench whereon they sit, that it commonly makes a great noise, and may be heard at a considerable distance.

Their ecclesiastical courts, as in other nations, are altogether in the hands of the bishops, who have each their chancellor, register, &c. from whom appeals may be made to the two archbishops, and even from the archbishop of Leopol to the archbishop of Gnesna. Nevertheless, from him appeals lie to the see of Rome. These judge according to the canons of the church; and the civil magistrates are obliged to be assisting to them in the execution of their sentences, as often as they shall be so required.

To the ecclesiastical courts belongs the court of nunciature, held by the pope's 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 nunci

ature.

The civil jurisdiction is divided among diverse 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 king Stephen Bathori, the judges whereof are all gentry. Two of these tribunals are for the kingdom, and one for the great duchy of Lithuania; and all of them consists of fixed numbers to be judges, both ecclesiastical and civil, chosen out of every palatinate; the former once in four years, and the latter once in two. These pronounce judgment 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 allowed to enter all that come, and whatsoever are not booked in that time cannot be adjudged that session. So that a man who has a trial in these courts may be said to have all the nation for his judges, deputies both spiritual and temporal being sent thither for that end from all parts of the kingdom.

There is also a board of green cloth to determine affairs relating to the king's household, (as with us,) two courts of exchequer, and likewise courts of the gentry and commonalty in every palatinate, which are neither exempt from appeals, nor by any means to have so much as one of the clergy among their judges, and determine in disputes about the limits of land, or in criminal cases.

The immediate appeal from these courts is to the vicechamberlain of the palatinate, who, either by himself or his deputy, the chamberlain of that district, restores all to persons illegally dispossessed, and ascertains all bounds and limits of land. This is in a manner the sphere of 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 of the controversy, and to do justice therein. Likewise when a difference arises between the king and a clergyman, commissioners are ordered; but there the bishop of the diocese claims the nomination of one or more of them ; and when any of the courts of land-judicature die, the king cannot name others, till the district to which they belonged have chosen four out of the housekeepers; but then he may pitch upon one for each election.

The other courts for the gentry are those that take cognizance of criminal cases; whereof there is only one in every starostaship, where the starosta himself, or his lieutenant, administers justice in his castle, or some other public place, at least every six weeks. He likewise determines in civil causes between such as have no lands, and such foreigners as come to trade here, and is to cause process to be served in crimi

nal cases a fornight, and in civil, a week before the court sits.

He is also the executive minister of all sentences pronounced, and likewise the sole conservator of the peace within his territories, being obliged, by himself or his officers, like our high sheriffs, to see all public executions performed.

As to the courts of commonalty, they are either held in cities or villages. In cities, justice is administered by the scabins, (officers belonging to the king,) the magistracy, or judge advocate. The scabins have cognizance of all capital offences and criminal matters; the magistracy, of all civil cases, to which likewise the gentry are subject; and the judge advocate, of offences committed by the soldiery. Civil matters of small moment are determined solely by the governor of the city; but from him there lies an appeal to the townhall or magistracy, and thence to the king.

In villages, the commonalty are subject to scabins, and to scultets, or peculiar lords; from which last there is no appeal. Here justice is almost arbitrary, except in criminal cases; the scultets being hereditary judges, and not to be dispossessed of their offices, but by death, and forfeiture of life by high treason, &c.

The officers and magistrates of the plebeian courts are some named 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 displace them after they are once chosen; they being also to continue their offices for life, unless forfeited by infamy and inability, as aforesaid.

The profits of all offices in any of these courts are but very small, and uncertain; the Poles esteeming the honour of enjoying them sufficient recompence. Nevertheless, they have all salaries and perquisites, howsoever inconsiderable.

The military jurisdiction of Poland is altogether in the hands of the king or his generals, although the palatines and castellans, who generally accompany his majesty in the wars, retain their authority over their respective inferiors,

which is very despotical, (and like the chiefs over their vassals in Scotland;) but where those are refractory, a courtmartial adjusts the difference.

As for the laws of Poland, it is on all hands agreed, that it had none till the time of Casimir the Great, and then but very few made by him: although it is certain, that the Poles had embraced Christianity long before, and were well enough versed in human learning; yet was there never any law or statute of any prince committed to writing, but the people were contented to be governed by the customs and manners of their ancestors, handed down to them from father to son. Casimir III. therefore, (called the Great from his prudent administration,) observing the disadvantages his kingdom laboured under by the Germans, who then frequently came into Poland on account of trade, received the Saxon laws, (now called Magdeburg laws, from the city whence they were taken,) by which Poland is at this day principally governed; although the gentry have many peculiar customs, and some statutes which have been since made; and which, in the time of Sigismundus Augustus, being compiled into one volume by learned men, were entitled, The Statutes of the Kingdom; and since (some having been approved and augmented, and others changed and altered in several diets) have obtained the name of Constitutions of Poland; to which, nevertheless, all that kingdom is not subject, Lithuania and Volhinia observing its own laws. Prussia also, both Regal and Ducal, has a municipal law of its own, commonly styled, the law of Culm; from which, notwithstanding, three cities are exempt, viz. Elbing, Bransberg, and Fraumberg, all which make use of the laws of Lansberg.

The punishments in Poland are various, and differ only according to the quality of the crimes, and not of persons offending; for a thief is to be hanged, of what degree soever he be, and capital offenders, of all other kinds and qualities, are to be beheaded, (as has been observed in the description of Dantzick,) except in cases of the most flagrant and notorious villainies, when the criminal is commonly broken

upon the wheel, or else tortured by cutting off two thongs or long pieces out of the skin of his back. A nobleman is sometimes punished by forfeiting half his estate to the king, and the rest to an informer, and sometimes by imprisonment only.

Masters also have a power of chastising their servants; which they do after this manner: If the servant they are about to punish be a Polish gentleman, then they make him lie down on his belly on a carpet spread on the ground, or upon a stool, when another gentleman servant lays him on unmercifully upon the back with a rope or stick, giving him as many blows or lashes, as the master, who is always present, orders. After which, he that is beaten embraces the knees of him that has commanded him to be beat, and salutes him with the goodnatured title of benefactor. Which discipline seems a little too severe, but, however, is necessary from the temper of these people. The servants of vulgar extraction are likewise punished after the same manner, only with this difference, that they have no carpet spread under them. Some of the former think it an honour to be so thrashed; which honour they always bestow liberally, as often as they deserve it.

Nor is this custom among the Poles, of punishing their gentlemen servants so rigorously, much to be wondered at, if it be considered that they may serve in the meanest offices, without derogating from the nobility of their birth, or incapacitating themselves for the highest preferments. For, says Hauteville, one of their most celebrated historians, "I ❝ have known some who, from being footmen to great lords, ❝ and drummers in a troop of dragoons, have been advanced "to the dignity of senators;" there being nothing that debases nobility in this country, but a handicraft or mechanic employment.

I should here bestow some time on the manner of choosing their diet, and its session, for the promulgation of the laws just now spoken of; but the several particulars and customs observed therein requiring more time than the compass of a letter will allow of, and a writer better versed than myself