Blu42 Media

Part 3

page 44/568

where the party received the decree, agreed with the decree it received. And there, after such a statement, the starosta will have to issue a literas patentes to the wronged person, admonishing the guilty person ex benignilate iuris to justify himself and do enough to the wronged person within two Sundays before the office; and if he does not justify himself to the wronged person, then he is to be considered as rebellis et hostis patriae, by the decree of the mayor, bannilus et proscriptus de regno et dominiis illi subiectis ex civili causa until he does enough, and ex criminali perpetuo pronunciandus and declared, non expectata celebratione terminorum castrensium. And such bannicia in criminali will never be preferred, neither by us nor later by our lord the king, and no lists, inhibitions or sublations will be made. And then, at the same time, the starost and these deputies will have to issue litteras patentes according to the needs, as they understand, if only the land has enough against him who disobeys the law, or if this iure victus as a common law is adeo fortis, then the closer counties and finally the entire voivodeship are to announce and move against him. Following the announcement of the staroste and deputies, everyone, both the voivode and the castellan and all the nobility, according to the custom of war, the clergy per idoneas personas, saeculares and the cities of both estates, including expeditionem general teneant, ») should move against such a tanquam contra hostem patriae and confiscate his property, half of which belongs to republica and the other side is to be the wronged party forever. Also rebellem if they punished^) they could, at the throat, punish, and what in civilibus causis, then accepta possessione bonorum iure vincenti, which he will keep u?que ad sufficientem satisfactionem pro damnis and free from the banisha also cannot be for any lists, until parti iniuriam patienti pro omnibus satisfaciet. 3. And whoever, following the starosta's announcement, moves towards such an execution or does not want to help in such an execution, is to be sued ex delatione by the staroste and deputies of the offended party or anyone else, and if he is found guilty in this matter, either in praesentia or in contumacia, then he is to be sued by the staroste and deputates bannitus, and all his estates mobilia et immobilia are to be confiscated, half pro republica, and half awarded to delalor. And if anyone wants to take help because the letter of the announcement of the starosty and the deputies has not reached him, then an inquisition is to be made from the court that we have decided, starting from the nobleman who first received the letter from the castle, where the letter was sent and on whom it was placed, and when it is revealed, whose negligentia was the reason for which the letter did not reach someone, then such a suprascripta paena is to be punished. And on such innotescences of the movement, everyone is to write down the day on which he reached it, and which he himself sent back to his neighbor, because each letter of such innotescence is to be sent back to another closer neighbor. And whoever does not want to take it, he must send him to the city, and whoever does not want to take it, paeuae supra expressae subiacebit, exquisitus tamen per capitaneum et deputatos, but the evasion iuratoria is to go to the accused. And the starostas and deputies, their conscience and their honesty, we bind them to duty against the Republic and their brothers, and we assume the guilt of fifty fines. Also, anyone who has fallen ill due to real infirmity must prove it with a clear document. Also, whoever has a case before two courts in one day is to be given dilacia in such court. And if a person, having committed a wrong, receives a decree in the past extra regnum, there is in legatione reipublicae quam in necessilate sua privata, the person, in accordance with the above-mentioned order, must justify absentia sua non obstante to the wronged person and execute such execution ut supra against him. And whoever received the decree in contumaciam also in the past, should be subject to probatio iuramento corporali for not knowing about the lawsuit, and. And those who are in the service of the Republic of Poland and those who left extra regnum for their own needs, to whose knowledge this announcement has not come, also who have names in various voivodeships where it would be sent, are to be exempt from this expedition and movement.

a) from the word clergyman only in Ch. b) affluence Ch. c) from: Because only Chełm, d) from: And the starosta only in Ch,

[fragment illegible in the scan of the first edition]