An account of the principalities of Wallachia and Moldavia / with various political observations relating to them

by William Wilkinson

CHAPTER II.
INAUGURATION OF THE HOSPODARS—PRESENT FORM OF GOVERNMENT—LOCAL LAWS—TRIBUNALS OF JUSTICE—MEMBERS OF THE DIVAN AND OTHER PUBLIC FUNCTIONARIES—DISTRICTS—CAÏMACAM OF CRAYOVA—ISPRAVNIKS.

The princes of Wallachia and Moldavia, since the choice of them falls on the Greeks, receive their investiture at the Porte, with the pomp and ceremonies usually observed on creating Pashahs and Veziers. The Kukka, or military crest, is put on their heads by the Muzhur Aga, and the robe of honour is put on them by the Vezier himself. They are honoured with the standards and military music, and make their oaths of allegiance in the presence of the Sultan, to whom they are introduced with the ceremonies usual at a public audience. From the seraglio, they go in solemn and ostentatious procession to the patriarchal church, where prayers and ceremonies are performed similar to those which were formerly observed at the inauguration of the Greek Emperors. They are accompanied to their principalities by the Turkish officers appointed to install them. They make their public entry into the capital of their new sovereignty with a great display of magnificence, attended by the metropolitan and dignified ecclesiastics, the members of the divan, and the chief Boyars. They assume, from the ceremonies which are practised, the title of “God’s Anointed.”[^[18]]

The general form of government in both principalities has undergone little alteration since the exclusion of the native Voïvodes. The prince is invested with absolute authority, and, till lately, was only controllable in his financial operations, by the divan, representing the senate; still, in levying extraordinary contributions, and in fixing the mode of raising them, the signatures of a majority of members are required as a mere formality; and, although the want of these would render such acts illegal, they would not thereby be put with less vigour into execution.

The executive administration is divided into various regular departments. The divan, composed of twelve members, is the supreme council, and is presided by the Prince, who appoints to it new members every year, with the exception of the metropolitan, whose ecclesiastical dignity entitles him to a permanent seat. It is convened at least twice a week, to receive, examine, and decide upon appeals in judiciary matters.

A Voïvode of the name of Mathew Bessarabba, who governed Wallachia from 1633 to 1644, instituted laws which he drew from Justinian’s code, and modified by the customs of the country. His example was soon after followed in Moldavia. Several princes made alterations in the original codes, and the late princes, Caradja of Wallachia, and Callimacki of Moldavia, have made them undergo a new revision, and have published them under their own names.[^[19]] It is in conformity to these laws that all suits are said to be judged, and the sentences framed; but the prince interprets them in his own way, and his will, in fact, is the only predominating law.

The princes’ decisions are without appeal for the natives of the country; and, however irregular or unjust they may be, they cannot be revoked by their successors.

In any case of moment, where the opinion of the members of the divan happens to be unanimous against that of the prince, or contrary to his wishes, the decision of the question is postponed, and the members are privately desired to pronounce according to the views of the prince. As they are aware that non-compliance would be attended with dismissal and disgrace, it is common enough, on similar occasions, that at the next sessions they all declare an opinion directly opposite to the one they had last given.

At Bukorest, and at Yassi, where the princes reside, there are two particular tribunals appropriated to the revision of commercial and other differences existing between the natives and foreign subjects. They are called the Foreign Departments, and are each directed by a Boyar, who has the title of chancellor of foreign affairs, and two other judges. The business that comes before them is examined and discussed in the presence of an officer attached to the consulate, by which the foreign party concerned is protected. The decisions are, conformably to the general sense of the treaties existing between the Porte and foreign powers, made according to the local laws; but they are not valid without the prince’s confirmation, which can be withheld, and a timely appeal made either to the Grand Vezier’s tribunal at Constantinople, or to the prince’s own judgement, should the nature of the department’s decision bear the appearance of partiality or injustice against the foreign party. Cases of this nature are so common, that the consuls are frequently obliged to act the part of attorneys in defending the rights of the individuals who are entitled to their protection.

There are also separate departments for the police, the treasury, and criminal cases, as well as a variety of petty offices for the different business, most of which report directly to the prince, and receive his instructions.

The following is an exact list of the chief dignitaries, and the other officers of state, according to their respective ranks and precedence, beginning with the twelve members of the divan.