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by the Obergespann or Administrator, is called Congregatio Magistratuum Restauratoria. This ought to take place every three years; but if the actual magistrates are to the taste of Government, it sometimes happens that the Obergespann, under various pretexts, attempts to defer it to a more distant period. For some months previous intrigues of all sorts are going on, and canvassing worthy of England. The approaching crisis forms almost the sole topic of conversation of the gentlemen, and claims a due share of the attention of the ladies. At length the long-expected day arrives. It is ushered in by a solemn service in the principal church. A deputation invites the Obergespann to hold the election. On this occasion the hall of the county-house is too small, and the courtyard, or some other place of sufficient extent, as a church, is assigned for the purpose. The Vicegespann gives into the hands of the Obergespann the county-seal and the keys of the Archives. The magistrates whose turn it is to go out, now resign their offices; on which the Obergespann proceeds to nominate the candidates, at least four, first for the office of Vicegespann. Curiosity is raised to the greatest pitch, as it is not known, except to the Obergespann and those in his confidence, up to that moment who really will be the candidates. He however generally complies so far with public opinion as to nominate the distinguished men of the other party, as well as of his own. The sense of the congregation is taken by acclamation. If a defeated candidate is not satisfied, he, as in England, demands a poll; but whereas in England the polling is deferred to another day, in Hungary it takes place immediately. The struggle is always in reality only between two of the candidates. Now commences a most furious party war. All that we see in a general election in England may be found in Hungary at the Restauration. Persuasion, bribery and treating are carried on with as much earnestness, though perhaps not on quite so colossal a scale. Still considerable sums are spent on such occasions, and there is quite as much parading and music. Often too, as in England, the opposite parties come to blows, and unhappily sometimes with fatal results. The usual companion of a botskoros noble is a formidable cudgel, with which this athletic class of men deal out most unsparing blows. Not many years have pass

ed, since, in one of the decided Magyar counties, a number of lives, variously stated at from twelve to fifteen, were lost in one of these conflicts. These excesses, however, are every day becoming rarer. The leaders of the parties do every thing in their power to prevent them, and we may hope that they will disappear. The common nobles are treated by their chiefs, and often locked up for the night, that they may not desert, till all the magistrates are elected. As votes can be given by proxy, the polling proceeds rapidly. The termination of the struggle for the office of Vicegespann is often decisive for the rest. In some instances, however, a compromise is made between the parties, that certain offices shall fall to one party, on condition that no opposition shall be offered in the election to other offices. At a grand dinner, which is given by the Obergespann, all parties meet and fraternize most amicably in private conviviality.

From the right of the Obergespann to name candidates for each office, it would seem that he had virtually the power of filling these offices. This is, however, by no means the case. To show the bearings of this subject would require us to describe too much in detail the slippery arena of Hungarian local politics; and no distinctness of view could be attained without minutely describing the intrigues at certain elections, and the private character and position of the men who were movers or instruments. This would be a breach of private confidence, which-however it has now become a matter of everyday occurrence with modern book-makers-we shall not lend ourselves to. We shall, therefore, only observe in general terms, first, that public opinion has considerable influence in Hungary; secondly, that it would not always be easy to find four (the minimum) candidates of sufficient intelligence, property and standing, for every office, from among the same party; thirdly, that if the Obergespann adopts the plan of nominating, besides his favourite candidate, such as are too insignificant to fill the situation with credit (a mode of proceeding which is provided against by the constitution), the opposition can always have the chance of gaining over to their side one of the mock candidates, by offers of various sorts. This convert is then elected, if the opposition be really strong enough. The insufficient magistrate then ostensibly carries

on his office, but affairs are managed behind the curtain, by the real chief or chiefs of the party.

In congregations are also held the elections for the members of the lower house of parliament, and in congregations, from time to time, instructions are given to them. Here the Obergespann has no right of candidation; these general elections are generally conducted with more tranquillity than the restaurations. Thus the county is immediately, and we may almost say personally, represented in the meeting of the estates of the realm. The two members are but their delegates, (in Magyar Követ, ambassador,) who can no more deviate from the instructions the county gives them, than an envoy can from the instructions he receives from his government. The two deputies have but one vote between them, and both or either can be recalled by the resolutions of a congregation. The vote given by the deputies is therefore the vote, not of the individual deputies, but of the whole county, as represented by a majority in the congregation.

The county exercises its jurisdiction through its self-elected magistrates before-mentioned. The institution of the jury is totally unknown. The lowest courts for nobles are those of the Stuhlrichter and Vicegespann. The Stuhlrichter, assisted by a Geschworner, decides on civil processes concerning inheritances, debts, deposits and pledged estates, where the value does not exceed 3000 fl. (3007.). The Vicegespann decides on similar matters up to the value of 12,000 fl. (12007.); further, on cases of assault and defamation. Cases of greater consequence, criminal as well as civil, come before the countycourt, (sedes judiciaria civilis et criminalis, contracted usually into sedria,) which is usually held quarterly, the average duration of its sittings being a week: it is at the same time a court of appeal from the Vicegespann's and Stuhlrichter's court, as also in regard to the peasants, from the lord's court. Here are united all the magistrates of the county, assisted by paid assessors (tablabírók). Before this court the noble has, if his nobility is called in question, to legitimize himself. On the criminal side all cases, from petty larceny to arson and murder, are tried. The sentence of death, however, when passed by the sedria, requires to be confirmed by the king. Weightier causes, as high treason and many others, do not

fall under its jurisdiction. These come under the cognizance of the Royal Table (Königliche Tafel-tabula regia). Civil cases also, where the value is more than 12,000 fl. (12007.), or where the property in question lies in different counties, come before the courts of the circles (Districtualtafeln). In each of the circles of Hungary is a Districtual Tafel, held at Tyrnau, Güns, Eperies, and Debreczin. There is also one at Agram for Croatia and Slavonia. Criminal cases do not come before these courts. Besides the president, they have several temporal assessors (the court of Agram six), a notary, protocollist, etc.

From the county and circle courts appeal is made to the royal court (Tabula Regia), besides several processes in first instance, as Invalidations Processe, Caducitäts Processe, etc., and above all cases of high treason. This court is composed of the Personal (Personalis præsentiæ regiæ locum tenens), who is the president (he is also president of the lower house of parliament), and sixteen assessors, among whom are two prelates, two magnates (Barones Tabulæ), the vice-palatine, the vice judex curiæ, etc., etc. Thus we see, that while in political matters the county keeps a tight rein on its representatives, or we may rather say, acts for itself, in judicial affairs it intrusts itself for the period of three years to men over whom it has no control. And to say the truth, the administration of justice is much complained of in Hungary.

The highest court is the Septemviral. From this court there is no appeal, unless the party obtain permission from the king to begin the cause afresh. In criminal cases the condemned may be pardoned by the king. This court originally consisted of seven members; at present it is composed of the palatine as president and twenty assessors, among whom should be five prelates and seven magnates, including the judex curiæ and tavernicus; the rest are appointed from the nobles. These two last-named courts sit in Pesth.

The Jazygians and Cumanians have their lower and upper courts: to the former belong the local magistrates and the district captain, who are elected by the Jazygians and Cumanians. The latter is the court of the palatinal captain, common to the three districts, and who is appointed by the palatine. From this court lies an appeal to the palatine as supreme judge. The other free districts have their peculiar local courts.

In the higher courts, to which appeal is made, the law-suits are protracted to a degree only rivalled by the English court of chancery. In the county courts, with which we are at present concerned, matters are at least despatched summarily enough. And this is an immense advantage, particularly in civil cases, where an unjust sentence delivered at once often does less harm than a just one delivered at the end of twenty

years.

In some counties the magistrates have the reputation of being accessible to bribery* and favouritism. Certain it is that their salaries are merely nominal, but they are in general men of property. We have, however, had the pleasure of being personally acquainted with vicegespanns and stuhlrichters of inflexible integrity. It cannot, however, be denied that this is the weak side of the Hungarian institutions; too much is left to personal character, and not enough secured by the immediate participation of the people.

As to the ecclesiastical courts, the bishops preside in the diocesan, the archbishops in the metropolitan, assisted by the chapter: their sphere is the decision in matrimonial affairs, disputed wills and cases of perjury.

The Hungarians have, like the English, no systematic code of laws. In the reign of Ladislaus, Verbotzy collected the laudabiles consuetudines, and in 1514 his work, well known under the name of Tripartitum, was recognized by the parliament. The second part of the Hungarian corpus juris contains the acts of parliament (Decreta et articuli regum et statuum et ordinum Regni Hungariæ a S. Stephano usque ad 1779). In addition to the corpus juris, the acts of parliament passed in later sessions are of authority, as also the Decisiones Curiales of the upper courts, which were collected by the order of Maria Theresa, under the title of Planum Curiale.

The county of course is provided with a due force to execute its ordinances, and preserve order. It maintains a police, both mounted and on foot: the former are called Hussars, the latter Haiduks.

We see thus that the county is, as it were, an organic being.

* The same is said to be the case in the free boroughs, which have their courts independent of the county, consisting of a judge and six to ten senators.

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