Gdańskie „Praejudicata militaria” z lat 1628–1680. Źródło do badań nad miejskim sądownictwem wojskowym wczesnej epoki nowożytnej
Gdańsk’s “Praejudicata militaria” of 1628–1680. A source for the study of the municipal military justice system of the early modern era

Summary/Abstract: This article offers an edition, with extensive introduction and commentary, of a hitherto unknown compilation of judgments (praejudicata) of a Danzig military court, preserved in the State Archives in Gdańsk: Præjudicata Militaria von Sachen, die vor dem Krieges‑Malefitz‑Gerichte, dem Buß‑Gerichte und denen Hohen Befehlshabern des Krieges‑Wesens seit Anno 1628 ergangen, aus denen Kriegs‑Acten nach chronologischer Ordnung zusammengetragen. The compilation contains extracts from trial files, a total of 202 criminal cases from the years 1628–1680, in the form of concise descriptions of the offences committed and the sentences passed; most of those tried were soldiers of the municipal garrison in Danzig. It probably comes from the late seventeenth or early eighteenth century, possibly from the circles associated with the so‑ called war president (Kriegs‑Praesident, fourth burgomaster), and was most likely created for the purposes of military justice – as a collection of court cases for current case law in this area. The source provides material for the study of the period when the situation of the garrison changed a number of times, with the main phases as follows: (1) combat readiness during the Polish‑ Swedish wars,1628–1629 and 1655–1660; (2) uncertain truce and tense relations between the Polish‑Lithuanian Commonwealth and Sweden,1629–1655; (3) the period of post‑war relaxation of international tension and gradual reduction in the personnel 1660–1680. Most of the entries (83 per cent) concern the third phase. This configuration of source material provides an opportunity to look at the crime rate among municipal soldiers and the activities of the municipal military justice system during peacetime. The collection contains interesting information on the catalogue of punishments imposed as well as court practices (especially valuable data on the mitigation and modification of sentences in specific cases). It also gives some idea of the crime rate and criminal behaviour among municipal soldiers.

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