BOOK fo e ry on t h e h i g h w a y , a n d t h e n he: m u f t b e f u r p r i z e d in t h e
v J ^ f a d t , n o r c a n h e b e c a p i t a l ly p u n i i h e d h u t b y o r d e r o f t h e
d i e t.T
he definition of a noble being thus applied not only to-
perfons a&ually pofleffing land, but even to the defcendants
of former landholders, comprehends fuch a large body of
men, that many of them are in a ftate of extreme indigence
.and as, according to the Poliilr law, they lofe their nobility if
they follow trade or commerce, the moft needy generally devote
themfelves to the fervice of the richer nobles* who, like
the old feudal barons, are conftautly attended by a large
number of retainers. As all'nobles, without any diftinction,
enjoy the right of voting, as well for the choice of nuntios,
as at the election of a king, their poverty and their number
is frequently produdtive of great inconvenience. Hence the
king, who has juftly conceived- a great veneration for the
Engliih conftitution, wiihed to introduce into the-new code
a law fimilar to ours relating to county eledtionsj that no
perfon ihould be intitled to a vote in the-choice of a nuntio»
but thofe who poffeffed a-certain qualification in-land *. Thi3
propofition, however,, has been received with fuch marks of
diffatisfadtion, that we may conclude it wilhnever be allowed
to pafs into-a law.
II. The Clergy. Mkiftaus, the firil' fovereign of Poland
a . nr w h o embraced Chriilianity, granted feveral immunities and
eftatesto the clergy.. His fucceffors and-the rich nobles fol--
* Connor mentions a fimUar attempt o f “ but fuch only as had at leafl two hundred
John Cafimir, which failed o f fuccefs: “ crowns a-year, whereupon - the palatine of
• t King Cafimir obierving the great abufes “ Pofnania, offering to put this-law in exe.
“ that fpring from every little gentleman’s “ cution in his province, was not only af-
“ pretended privilege to fit in the little “ fronted, but alfo narrowly efcaped witlv
“ diet», ordered that none Ihould have a “ his life.” Hift, o f Boland,, v . II. p . 104,
.*• vote there, in electing a deputy or rmntio,
lowed
lowed his example; and the riches of this body continued chap.
increafing as well from royal as private donations, until th e . VIII‘ ,
diet, apprehenfive left in procefs of time the greateft part of
the eftates ihould pafs into the hands of the clergy, forbad
by different laws, and particularly in 1 669, the alienation of
lands to the church, under penalty of forfeiture : and under
the prefent reign feveral eftates have been confifcated which
had been beftowed upon the clergy fince that period..
From the time of the firft eftabliihment of the catholic
religion by Cardinal ASgidius, nuntio from Pope John XII. the'
bifhops have been admitted into the. fenate as king’s coun-
fellors. They were ufually appointed by the king, and:
confirmed by the pope ; but, fince the. creation of the p e r manent
council,, they are nominated by his majefty out o f
three candidates chofen by the council:- a biihop,, the moment
he is appointed, is of courfe entitled to all the privileges:
of a fenator. The- archbiihop of Gnefna is primate, as we
have before obferved, the firft fenator in rank, and viceroy
during an interregnum.
The ecclefialfics are all freemen, and, in fome particular,
feftances, have their own courts of juftice, in which the.
canon law is praitifed. O f thefe courts of juftice peculiar to
the clergy, there are three forts ; I. The confiftorial, under
the jurifdidtion of each biihop in his diocefe; II. The metropolitan,
under the primate, to which an appeal lies from
the bilhop’s court ; III, That of the pope’s nuntio, which is.
the fupreme eccleiiaftical judicature within the kingdom, to
which an-appeal,may be made both from the decifion of the
primate and-of the biihop.. In cafes of divorce, difpenfations.
for marriages, and in otherinftanc.es the parties, as in all catholic
countries, muft'apply to the pope, By which means no-
inconfiderable degree of money is abforbed by the fee of.
Rome.