book 0f villages : in thefe places, of courfe, the judges are necef-
fariiy perfons of the loweft defcription, and totally unqualified
for the difcharge of 'thesis high office.. Innocence and guilt,,
by this means, are often not diftinguifhed, and as often
wantonly confounded^ Not only the power of levying dif-
cretionary fines, but the infli6tion of corporal puniffiment,
and even of death itfelf,. is entrufted to thefe contemptible
tribunals. The chancellor Zamoiiki has, in the new code
of laws which he is preparing for the infpection of the diet,,
defcribed the abufes of thefe petty courts of. juftice in the
moft forcible language;. and propdfes,, as the only, adequate-
remedy of. t-he-evil; to annihilate this right of penal juni»
didion in all but nine of the principal towns-.,
4. There are no-public officers whofe province it is to.
profecute the offenders in the king’s name. Hence, even in.
cafe of murder-, robbery upon the highway,, and the moll
atrocious crimes* the delinquent generally efcapes,, unlefs
ibme individual ind'i&s and brings him to trial 1. this foldoiTL
happens, as the procefs is attended with 110 fmall ihare of
expence.
The jurifdiaion of the great marfhal is almoft the only
exception to this flagrant defeCt of common juftice. His jurifdiaion
is in force in the place where the king refides, and,
to the diftance of, three Polifh miles-. Within that diftriCt the
great marffial can arreft and.profecute for crimes of. felony
without any plaintiff. In cafes alfoof high treafon, certain*
officers of the erown,.. called injligatores, are impowered of
their own motion to cite fufpicious perfons- before the diet.
5. The power which, every plaintiff poifeffes- of withdrawing
his profecution, even in cafes of the greatreft enormity
: this cuftom fcreens all but the indigent from the -pur—
fuit of. juftice;. as perfons of; moderate property are generally
1 ‘ able;
able to bribe the neceffity or avarice of their profecutor. c h a p .
This praCtice, founded on a narrow principle, that outrages. / j
againft individuals are merely private, not public offences, is
an inftance of the groffeft barbarifm, which all civilized
nations have renounced ; for it requires a very fmall degree
of legiflative improvement to perceive, that private wrongs,
when unchaftized, become highly injurious to the community
at large, by affording encouragement to fimilar offences^
In vifiting the prifons I faw the bad effeas of this ufage
exemplified in a ftriking inftance. Two perfons, indicted for
the affaffination of a Jew, had been permitted to remain in
prifon upwards, of a twelvemonth, without being brought to--
a trial. The widow of the deeeafed, upon whofe accufa-
t-ion they were .imprifoned, having agreed, on the payment of
a ftipulated fum, to drop the fuit and grant them a releafe,,
their inability to fatisfy her demand had been the only
reafon for detaining them fo long in confinement; and as
when I faw them they had juft raifed the money, they were
upon the point of obtaining a final difcharge.
From this fketch of the adminiftration of juftice in this-
country,, the expediency of a thorough reformation is very
apparent. That able legiftator count Zamoiiki, in the new
code of laws which I have frequently had occafion to
mention, lias paid particular attention to the amendment
of the criminal laws. But as any innovations in the;
courts of juftice, calculated to produce any effential benefit,,
mull materially infringe the privileges of the nobles,, and
counteract the national prejudices, the moft ufeful code can
fcarcely expeCt to receive the fanCtion of the diet.
The laws relating to debtors are as follow.. The creditor-
proceeds againft the debtor at his own expence ; and, until
me trial, is finiihed,, allows him eight grofchens, or three
half»-