A few years later Wladislaus Jagiello, desirous to secure the Polish
throne for his sons, born of his fourth marriage, sought to obtain
their recognition as his successors by the Polish estates. The Polish
nobility acceded to the wish of the king, but in consideration of
this concession sought and obtained at Jedlnia in 1430 the famous
charter generally known as the “Neminem captivabimus, nisi jure victum”
privilege. This charter constituted the Polish “habeas corpus” act.
According to its terms no nobleman could be arrested except upon the
verdict of a court or when actually caught in the act of committing
arson, murder, rape, or village plunder.[360] By its provisions the
personal liberties of the Polish nobility were both enlarged and more
securely guarded. The two privileges, that of Czerwieńsk and that of
Jedlnia, were of great importance and value to the Polish nobility;
the former guaranteed the inviolability of its property, the latter of
its persons.
The other two very important charters obtained by the Polish nobility
were the Statutes of Nieszawa of 1454 and the “Nihil Novi” Constitution
framed by the Diet of Radom in 1505. The distinguishing features of
these two documents were matters of jurisdiction and legislation.
By the first the szlachta freed itself from the jurisdiction of
royal administrative officials. From now on it was subject to the
jurisdiction of the starostas, the royal administrative and judicial
officials, only in four kinds of cases, arson, murder, rape, and
theft. In other cases it was subject to the jurisdiction of provincial
courts, for which, according to the Statutes of Nieszawa, it secured
the privilege to nominate in the event of vacancies four candidates
for judge, assistant judge, and court clerk. From these nominees of
the provincial szlachta the king selected one for the respective
vacancy.[361] In this way by its control of the provincial judiciary
the szlachta assured for itself a fairer administration of justice. By
the second it freed itself from arbitrary legislation. According to the
Constitution of Radom the king was not permitted to make any new laws
without the common consent of the senate and the representatives of the
szlachta.[362] By this constitutional provision the rank and file of
the nobility represented in the Chamber of Deputies came now into full
control of legislation, and became masters of their own destinies.
Public-domain text, read in full here on John Shaqi.
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