w
b o o k chofen at each diet, to attend the king, and to give their opi-
% ' . nion in all matters of importance, fo that he could not iffue
any decree without their confent*. Another fatal blow was
alfo given to his prerogative in 1 5 7 8 ,by taking from him the
fupreme j urifdiftion, or the power of j udging in the laft refort
the caufes 6f the nobles, excepting fuch as arife within a fmali
diftance t of the fovereign’s place of relidence : it was
enacted, that without the concurrence of the king each palatinate
or province ihould elect in their dietines their own
judges, who ihould form fupreme courts of juftice, called
ifribun'alia Regni| ; and that in thefe courts the caufes of the
nobles ihould be decided finally and without appeal; , a
mode of judicature which prevails to this day.
The turbulent reign of John Caiimir was marked by the
introduction of the Liberum Veto ||, or the power which each'
nuntio claims and exercifes of interpofing a negative, ,and ins
confequence of that interpofition of breaking up the diet f§
a privilege which the fovereign himfelf does not poffefs, and
which has contributed more than any other innovation to-
deitroy the due balance of the Poliih conftitution.
But the king was itill the fountain:of honour: he. conferred
the principal dignities: and great offices of the republic
; and bellowed the Starofties, or Royal fiefs, which are
held during the life-time of the pofleflbr. Hence he itill
maintained great influence in the councils of the nation;
but this laft folitary branch of royal prerogative was wrefted
* Th is appointment was made, in 1573,
'under Henry, but did not abfoluteiy take
place till the reign o f Stephen. Lengnicb,
Jus Pub. v. I. p. 344. II. 44.
-j- The courts exercifing juftice in the
king’ s name within this diftri£t are called
AiTeiToria Regni. Until the death o f John
JSobieiki, the kings judged frequently in
perfon, but this ceafed to be the cuftom
from the time o f Auguftus II. and the 'Great
Chancellor now exercifes, in his Majefty’s
name, that branch o f royal property,
t Lengnich, Jus Pub. v. II. p. 536.
II For an account o f the Liberum Veto,
fee chap. V I .
from
from His prefent Majefty at the eftablifhment of the Ferma- CHAP-
uent Council ®.. j I tiN r iM h . y ,
Thus it appears,, that, from the time of Louis to the pre-
fent period, the nobles have continued without interruption
to diminiih the regal authority, and to augment their own
privileges. | Many of the conceffions which they obtained
from tlie fovereigns o f the Jaghellon line, were ju-ft and:
reafonable, and aimed only at an equitable degree of freedom.
When,.however, an abfolute right to difpofe of fo-
tempting.an obje£t as the crown gave them repeated ojipor-
tunities of prefcribing unconditional terms to every candidate
for.the throne, they were no longer content with that equal
diftribution of power, which is the excellence of a limited
monarchy; but afpired to and nearly attained adire£t ariftc-
cracy under: a regal title and form..
From, this general review of the revolutions • in the con-
ftitution of Poland, we. may eafily infer, that, notwith-
ftanding.their fo much boafted liberty, the Poles are by no
means equally free, indeed their hiftorians, however they m ay
differ in other points, unanimoufly agree in reprobating their-
affbitation'of liberty, .the ffiadow rather than the reality of
freedom,; which is in. fa£t.:merely a turbulent fyftem of
Ariftocratic licentioufiieis, where a few members- of- the
community are above the; controul of.law, while the-majority
are, excluded from its protection. . We ffiould fuppofe,
that, if in any inftance they were free, it would be in the- '
election of a king, one of their moil vaunted privileges ; and
yet Sarniiki addrefles the Poles with .great truth in- the fol- -
lowing words: “ 'Turn over your annals, and you will:
* A delineation o f the Permanent Conn- bliihed it, I given in .chapter V .
etl in the words o f the.,edi£t which efta- ~