Blu42 Media

Part 23

page 273/616

2. So that the Council does not come in similem et tam infelicem casum as last year, that cum contradictionibus some elected deputies, having in loco deponendi iuramenti obstacula failure and termination of the tribunal causarunt, so IMcie pp. the deputies will strive in hoc inpracticato casu with other deputies of the entire Republic of Poland, abolishing the modum certi et continui cursus of the Crown Tribunal, obviando past inconvenients adinvenient and for the circumscription of this principle cum omni securitate eiusdem subsellii. In order to provide a cursus iustitiae administrandae accelleretur for the numerous cases in the registers of the Lesser Poland Province, in particular, IMcie pp. deputies of the continuum cursum of the Crown Tribunal into three repartitions, i.e. in Piotrków, Lublin and Lviv, the salva dispartitione of the time and voivodeships where and which will judge should omnino promote and maintain, will try, also from the parliamentary rota, to Uendo, as I did not apply for the deputation, and will repeat the oath to eliminate him.

3. The priests ad normam of the Lithuanian tribunal should have their marshal ex saecularibus and judge their presse clerical cases, without being interested in the lay people, et in conclavi, not staying during the period when secular cases will be tried, except for one president, nihilominus the time of judging clerical cases in seorsivo conclavi should be marked. To which clerical court should iuris et cognitionis iurium cases not be brought?

4. Partibus inter se litigantibus, it is not advisable to promote matters more than once ex noviter repertis documentis, because ad mentem legis the deputies are aware of the crown law and aetate bene vigentes intaminataequae conscientiae et possessionati in their lands they should be elected, otherwise who would dare to poenis crumenalibus et personalibus and refusione damnorum, praevio per partem iudicato lucrantem iuramento evincendorum, he was punished as convulsor decretorum.

5. To sum up, the constitutions annorum 1578 and 1653 on evocations have decided that whoever dares ex crudis ciłationibus omisso foro castrensi to take the case to the tribunal, so as long as ex documentis et controversiis partium it is confirmed that the case, i.e. in causa iuris, i.e. facti ex cruda citatione, comes to the tribunal, such a case will be referred to the tribunal he is not to come to a judgment, but to send her to the city or the land, with a thousand fines evocant partem.

6. Cases should only be judged as to whose and against whom the entry is and, according to the terms issued for these entries, the existence of the actor and the defendant, without involving any pretext by making other cases out of someone else's entry, not as is currently practiced, in which they do not have any connection, but receive any pretext based on someone else's entry, they receive a judgment and condemnations. Therefore, anyone who dares to receive such iudicata and processa should not only be nullitatis, but also poenis crumenalibus et refusione damnorum, per partem iniuriatam iuramento evincendorum, should be punished. However, connections concerning one good and one matter arising in illaeso robore are to remain, iuxta tenor, of the Constitution of 1726.