Jump to content

Page:A Description of Ukraine Churchill (London 1704).pdf/35

From Wikisource
This page has been proofread, but needs to be validated.

A Description of Ukraine.
605

Beauplan.

Barons; for they have no other Title but that of Tarosta, which are Governments and Demesns the King bestows on the Nobility; for all the Lands of Noblemen are held without any mention of Feoffe, or Under-feoffe, so that the poorest Gentleman thinks himself no way inferior to one much richer than himself; but they pay a Respect to those that are Officers of the Crown. The meanest of them pretend they are capable of being Senators, when it shall so please the King; and to this purpose they all from their Infancy learn Latin, becaufe all their Laws are writ in that Language. They all aspire to hold some Lands belonging to the Demesn of the Crown, and this makes them strive to outdo one another in Virtue, and to appear in the Army, and there to perform some notable Exploits upon occasion, that they may be taken notice of by their General, and be recommended to the King, who rewards them with some of those Estates.

The Nobility, as has been said, has the Power of chusing their King, who cannot after 24 hours imprison any of them for any Crime whatsoever, except Treason. Nor can any of them be imprison'd till his Cause be try'd, Judgment given, and he thrice summon'd to appear. So that the Nobility have liberty to come and go, to make Interest with their Judges, and be present at the examination of Witnesses who depose against them, without fearing to be apprehended before Sentence is past; after which they have time to withdraw into a Monastery, which very often is the Sanctuary of wicked Men, who are not able to support themselves by main force; for the great Lords laugh at Justice, and travel with Company enough to oppose them that have caus'd them to be convicted. The Sentence is usually to be beheaded, and their Goods forfeited. Then they are three times summon'd by a Crier to appear, and come before the Court of Justice in an Hour: But they are no such Fools to put themselves into the hands of the Hangman, knowing they are condemn'd to die. They not appearing, Infamy is added to the Sentence; that is, any one that meets, is authoriz'd and allow'd to kill them; and they that eat or drink with them are accounted guilty of the same Crime. Then the Plaintiff being too weak for the Party condemn'd, comes to some Composition, and for a Sum of Mony discharges the other: After which the Criminal may sue out the King's Pardon, which costs two or three thousand Livers; by which he is clear'd of his Crime, and of the Infamy, and restor'd to his Goods. But when the Criminal is not so powerful as the Party grieved, he must fly the Country to save his Life, and his Goods are forfeited to the Crown. These are the Benefits the King cannot enjoy, and which he gives the Nobility for Life. But, as they say, Guilt wears out in time; for after some Years past, Friends endeavour to make up the Business, either because the Party concern'd is dead, or that he relents and forgives, or through some other means, after which the Criminal may easily recover his Goods, if he has any Interest.

It is not so among Soldiers, for upon the least Offence they are secur'd, without being look'd upon as Gentlemen, but as Soldiers, and are accordingly try'd by a Council of War, and Judgment no sooner given than executed.

The Nobility may farm Land without any disparagement, and sell the Product of the Earth; but they are not allow'd to trade, any more than in France.

No single Duels. In private Quarrels they are not oblig'd to seek Satisfaction of the Wrong done them, Man to Man. When they think themselves injur'd, they gather all their Friends, and the most resolute of their Vassals, and march out with the greatest strength they can make, to attack and worst their Enemies wheresoever they can meet them, and do not lay down their Arms till they have fought, or else some Friends have interpos'd and reconcil'd them, and instead of a Scimiter put into their hands a great Glass full of the Liquor they call Toquaye, to drink one anothers health.

They have also the liberty of wearing little Crowns over their Arms, as being Petty Sovereigns, to cast as much Cannon as they please, and to build as considerable Forts as they are able, without being obstructed by the King or Republick; and they only want the privilege of Coining, to be absolute Sovereigns. Formerly Mony was coin'd in the Name of the Republick, at present in the King's Name only. In short, it appears at the beginning of this Relation, that they have Sovereign and Absolute Authority over the Peasants that hold of them; that is, who are their Vassals in their Hereditary Possesions: for they have not such full Power over the Peasants that live upon Crown-Lands, which they hold only for Life; for of these they can put none to death with legal Process, norseize