Diaconescu, Marius (szerk.): Mediaevalia Transilvanica 1999 (3. évfolyam, 1-2. szám)
Instituţii
A fejedelem személyes bíráskodása 101 két emberre wa...k.ranat....61 The Personal Jurisdiction of the Prince, Traces of the Military Court (icuria militaris) in the Principality of Transylvania (Abstract) In the Principality of Transylvania the personal jurisdiction of the prince over the soldiers and courtiers (familiares aulae, aulici,) - in contrary to the Hungarian Kingdom - was usual. This right — which has already been proved concerning the courtiers — in practice was delegated to the court-marshal (magister curiae,) by the edicts of 6. 03. 1583. and 24. 07. 1682. In Transsylvania the special court of justice of the prince had jurisdiction over the highest layer of the (armed) servants (Familiares aulae) just like during the Jagello-period in Hungary, and was led by their own commander, chief captain of the Court (supremus capitaneus aulae, alias capitaneus aulae familiarium illustrisssimi principis). The prince had a possibility of delegating his own personal jurisdiction to the court-marshal and the captain, as well, even in case of one and the same court. Otherwise the courtiers were judged in their own court led by the court-marshal according to the medieval traditions conserved and inherited by the Szapolyai-govemment, whereas the members of the multi-functional military forces of the prince, (the cavalry and the famous “blue infantry of Court”) as a landowner were under the jurisdiction of the chief captain of the Court (supremus capitaneus aulae) as a leader of the other special court (udvari szék) mentioned first in 1679. The constitution of the court captain of the infantry of Court (capitaneus peditum aulae), a provisor of Alba Iulia (provisor Albensis), archivist of Alba Iulia (requisitor Albensis), lieutenants (centuriones) courtiers of the prince (aulae familiares eiusdem domini principis) with noblemen of Alba Iulia and others (aliisqüé complurimis Nobilibus), for the most part corresponds to the medieval structure. The plaintiff, a merchant of Moldavia, did not appear in court personally, a lawyer (procurator) represented him. The defendant was a courtier (aulae familiaris domini principis) and this fact was reason for the convocation of the special court. He was in close connection with the prince because his father-in-law was the Italian doctor of the prince (doctor medicinae principis). His residence was in Alba Iulia in the “Italian street" (platea Olasz utca vocata) like that of the other servants and courtiers e.g. the blue infantry. It seems to be a medieval legacy that the defendant as a courtier (familiaris aulae) was sent out by the prince in order to confiscate the goods of the Moldavian merchants who did not have a valid license of voivoda of Moldavia, because the members of the privileged social layer (aulici) had a very similar duty even in the 61 Az irat itt vízszintes irányban elszakadt, többi része hiányzik.
