Bohemia, from the earliest times to the fall of national independence in 1620: With a short summary of later eventsMaurice, C. Edmund (Charles Edmund)
History
Bohemia, from the earliest times to the fall of national independence in 1620: With a short summary of later events
Maurice, C. Edmund (Charles Edmund)
Bohemia (Czech Republic) -- History -- 1526-1618; Bohemia (Czech Republic) -- History -- To 1526
The power of demising property without interference from others,
freedom of marriage or non-marriage to widows and maidens, various
forms of protection against violence, facilities for holding markets,
and the removal of customs duties--such are the chief subjects dealt
with in these civic constitutions. The discovery and working of
minerals, which largely date from this time, led to new opportunities
of self-government. In the town of Iglau (Jíhlava), where miners had
been prominent in the defence of their country against the Tartars, the
powers granted to them and the neighbouring citizens were particularly
large. “We wish and command,” say Wenceslaus and Pr̆emysl Ottakar his
son, “that, whatever the jury of our city and the jury of the miners
have ordained, for the commercial good, should be inviolably observed
by all.” Even tax-collectors of the king are to consult the miners in
certain matters; while special securities are given against possible
defalcations by debtors of noble birth.
Great as was the advance which is implied in these decrees, the use
made of them by the citizens shows that they understood how to extend
their liberties still further. The benefit derived from the powers
granted to civic judges might have been neutralised by the way in which
the judgeships were still conferred by the kings on their personal
favourites; but the jurymen of Brünn claimed for themselves the power
of checking, and even overruling the judge, which must have been a far
better guarantee for the self-government of the city than any that was
directly contained in the royal decree.
“The judge,” say these administrators, “must reverence the jury as
legislators, never dictate sentences on his own authority, never arrest
any one without their knowledge, never appropriate to himself the fines
of the city, never bring back those that are driven from the city,
without the consent of the jurors; always listen to them, and arrange
all the business of his office according to their advice.”
Public-domain text, read in full here on John Shaqi.
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