We, Maria Theresa, by the grace of God, Roman Empress in Germany, Queen of Hungary, Bohemia, Dalmatia, Croatia, Slavonia, Archduchess of Austria, Duchess of Burgundy, Brabant, Milan, Styria, Carinthia and Carniola, Mantua, Parma and Piacenza, Limburg, Luxembourg, Guelders, Württemberg, Upper and Lower Silesia, Fürstin of Swabia and Transylvania, Margravine of the Holy Roman Empire, of Burgau, Moravia, Upper and Lower Lusatia, Princely Countess of Habsburg, Flanders, Tyrol, Pfirt, Kyburg, Gorizia, Gradisca, and Artois, Landgravine of Alsace, Countess of Namur, Lady of the Windic March, of Portenau, Salins, Mechelen, and the Banat of Temesvár, Duchess of Lorraine and Bar, Grand Duchess of Tuscany.
We extend Our Imperial and Royal favor and all good will to all and every one of Our most loyal and obedient provincial administrations, courts, administrative offices, city magistrates, land militias, inhabitants, and subjects—regardless of their rank, status, office, or profession—who are in Our Banat of Temesvár, as well as to foreigners and outsiders who customarily travel to and from, reside in, or establish themselves in the aforementioned hereditary land of Ours. We graciously make known to them that not only during Our reign, but also previously under Our most glorious predecessors, the strictest and most beneficial provisions and decrees have been issued and publicly proclaimed in printed general edicts and patents regarding the suppression and punishment of those who secretly or openly recruit Our subjects or others residing in Our hereditary kingdoms and lands into foreign military service. Furthermore, these decrees also specify the severe penalties against such unlawful recruiters, their accomplices, and those who harbor them. The punishment mandated for these offenses is the death penalty, imposed by summary military justice, with only certain mitigating circumstances permitting a lesser corporal punishment for those who conceal such false recruiters or mislead people into enlisting. This is evident both from Article 95 of the Lower Austrian Court Ordinance and from various orders issued on January 28, 1738, in Our hereditary lands of Lower Austria, as well as from the patents subsequently issued on January 23, 1743, which detail all related circumstances.
You are already well aware of the strict decrees and orders that have been issued—both during Our Most High Reign and by Our Most Glorious Predecessors in past times—against all and any of Our subjects, regardless of their rank or nationality, who, without Our Most High Permission, emigrate from Our hereditary lands either to settle elsewhere or to seek foreign civil or military service in other states. These decrees have been proclaimed and made publicly known.
Despite these repeatedly reinforced penal mandates and the severe punishments imposed on violators, it has nevertheless been observed that various of Our subjects, as well as those residing in or otherwise staying within Our hereditary lands, are being secretly recruited, enticed, and persuaded by certain foreigners who travel through Our lands or sometimes remain there for extended periods—be they clandestine recruiters, emissaries, or others seeking personal advantage. Not only in secret, but at times even openly, these individuals are being induced to accept foreign civil or military service or, under the pretense of better opportunities, livelihood, or trade, to emigrate from Our hereditary lands to foreign states.
Therefore, We can no longer delay nor hesitate in putting an end to this criminal practice—just as has already been done through the patent publicly proclaimed in Our hereditary lands on the 19th of June of this present year, 1752. We must now also take measures to remedy this situation in Our Banat of Temesvár. Thus, not only must Our Banat militias, local subjects, and other inhabitants be prevented from emigrating to foreign lands without Our Highest Knowledge and Permission—whether with or without their consent, whether for foreign military or civil service—but it must also be ensured that foreigners traveling through or temporarily residing in Our Banat of Temesvár cannot, without Our approval, be deceitfully taken away. To enforce strict penalties as a serious deterrent and to safeguard the general welfare of Our states, as well as the well-being of every subject and inhabitant under Our sovereign maternal care and supreme princely authority, We must take action. By the severity of the punishment, We seek to deter and suppress not only these recruiters and seducers but also their accomplices and harbourers. Therefore, We hereby decree, order, and command…
First: As soon as such a suspect is accused, denounced, discovered, or caught in flagrante delicto engaging in forbidden recruitment or persuasion for foreign military or civil service, for emigration, or for any other dangerous removal from the country—whether the persons involved are domestic or foreign, whether they consent, are deceitfully persuaded, or even forcibly taken—the following measures must be taken: The suspect, along with those in their company, must be apprehended and secured with the assistance of the district officials, city magistrates, the citizenry, and local communities, including both taxpayers and the provincial militias along with their superior officers. They must be captured wherever they are found and restrained. If necessary, assistance must also be requested from the nearest regular military forces, whose cooperation We have already ordered to be provided without hesitation. The arrested individuals must be securely detained, and if they are apprehended in Temesvár, they must be delivered directly to Our duly established provincial court there. However, if the arrest takes place elsewhere in the province, they must be taken to the nearest administrative office, or, if the land militias have made the arrest, to the senior captain or the nearest captain. At these locations, the prisoners must be immediately and without the slightest delay placed under strict confinement, with a formal receipt issued for their custody. A preliminary interrogation must be conducted at once, after which they must be sent without any loss of time, along with the interrogation records, to Temesvár, where they must be handed over directly to Our Imperial and Royal provincial court. The court must, in turn, without delay, issue a receipt for taking the suspects into its custody and formally record the preliminary investigation in the legal files. All these measures must be carried out strictly and without exception. Also…
Second: With regard to the accomplices and those who harbor or aid such offenders, they must be dealt with in the prescribed manner. The same applies to those who, without Our explicit approval and permission, allow themselves to be persuaded, seduced, or tempted into accepting foreign military or civil service or emigrating to foreign states. Therefore…
Third: All administrative offices, city magistrates, provincial militias, senior and other captains, their superior and subordinate officers, all senior and junior knezes, and every community are hereby strictly charged with the duty of closely monitoring such criminal seducers of people, their harbourers, as well as any subjects or inhabitants of the land who intend to accept foreign military or civil service or emigrate to foreign states. This vigilance must be exercised not only on the main and provincial roads but also on remote paths and, most importantly, in inns and lodging places. The necessary investigations must be carried out diligently. In order to…
Fourth: Prevent punishable secret recruitment and emigration in advance, and all inhabitants of the land to be encouraged to expose both types of these unlawful offenses (even though it is already their duty), We have expressly ordered Our Imperial-Royal Land Administration that: Any person or persons who show such malice and provide grounds for their arrest shall be imprisoned and delivered with certification. Once the accused is handed over to Our Imperial-Royal Land Court and sentenced (although We may, in individual cases and for special reasons, show mercy to certain individuals, We are not willing to do so lightly), Our Temeswar Chamber and Provincial Accounting Office must confirm whether the accused possesses any personal property, as acknowledged by them. Thus, in the case of an arrested fraudulent recruiter or malicious agent inciting people to join foreign civil or military service or encouraging emigration to foreign lands—whether they be Our subject or a resident of the province, or a foreigner or emissary—a fine of 150 guilders shall be imposed; if they possess personal property, the fine shall be 210 guilders. For a proven accomplice or aider with no means, the fine shall be 30 guilders, whereas if they have personal property, the fine shall be 60 guilders. Finally, any of Our subjects or provincial residents, regardless of status or rank, who voluntarily and knowingly accepts foreign military or civil service without Our permission, or emigrates to a foreign land with the intention of settling there, or even merely consents to such action, shall be fined 12 guilders; if such a person possesses personal property, the fine per head shall be the same as for a deserter—24 guilders. This sum is to be divided into three parts: one-third shall be paid to one or more informants, whose names shall not be disclosed if they do not wish to be known; the second third shall be given to whoever arrests the malicious agent or their accomplices or participates in the apprehension and transportation of those captured; and finally, the third part shall be paid to the city magistrate in Temeswar if the arrest occurred with the help of citizens, or to the district administrative office in whose jurisdiction the event took place, or to the senior captains, vice-senior captains, and company commanders of Our Illyrian Banat Land Militia, or to their deputy commanders or other captains of the so-called Land Battalion, if their men participated in the capture and transfer of the accused to Temeswar before Our Imperial-Royal Land Court. If a person is both an informant and an arresting officer, they shall receive two such shares. Furthermore,
Fifth: A false recruiter, seducer of people, underhanded instigator or the emissary for emigration to foreign states not under Our sovereign authority should be apprehended, thus We graciously decree and hereby command with the utmost strictness that Our Imperial and Royal Provincial Court shall be diligently tasked with carrying out a prompt inquiry, in accordance with all required formalities, to ensure the proper procedures are followed. This investigation should proceed with urgency, utilizing an expedited summary procedure, but in full compliance with all necessary legal formalities. The inquiry must be conducted with clear and straightforward questioning, ensuring that no leading or suggestive questions are posed. It should include necessary confrontations with any witnesses who may be required to testify on this matter. Finally, the formal and legally prescribed constitution of the accused’s statement should be properly recorded, and any confrontations with accomplices should be carefully documented. In particular, the land judge, together with the court assessors, who are overseeing the inquiry, must sign the document personally to validate the procedure.
Sixth: We desire that the investigation in the three aforementioned cases—namely, when false recruiters, deceivers of people, and emissaries have: first, confessed; second, been proven guilty [with evidence]; and third, been caught in the act—be concluded by an extraordinary court within three days. The sentence should be pronounced by the third day, if possible, or no later than the fourth day. If the accused has admitted to committing the offense of forbidden recruitment, deception, and persuasion in favor of foreign military or civil service, or for emigration and settlement in foreign states and lands not under Our rule, or if their guilt has been fully proven by two impartial witnesses heard under oath, or if they have been caught in the act, the verdict shall be rendered by Our Imperial-Royal Land Court under the presidency of Our Land Judge or, in their absence, in the presence of their deputy and four additional councilors. The verdict must be recorded in writing by the clerk of the Land Court or their adjutant and signed by all the aforementioned court officials. A death sentence must, on the same day or within the next 24 hours (during which time the convict is allowed to receive communion and confess their sins), be submitted to Our Land Administration, which will announce the ruling and immediately approve the execution. The execution shall be carried out without delay and in the prescribed manner, but only if the councilors of the Land Court unanimously agree on the death sentence. However, if the court members entitled to vote on the sentence do not unanimously agree on the death penalty, then Article 10 of this decree shall apply, according to which the sentence and justice, though pronounced, shall not be carried out. Instead, the case shall be referred for Higher Review by Our Land Administration, accompanied by the explanation of the verdict and the attached investigation records.
Seventh: Those who are confessed, or it was proven, or were apprehended in the act of recruiting, seducing, or being emissaries—whether they are the recruiters themselves or those they have recruited, who are inclined to foreign military or civil service, or to emigrate and settle in foreign states—whether these persons are Our subjects, or members of Our Land Militia, or foreigners, shall be executed by hanging, in order to provoke a greater repulsion to such crimes.
Eighth: The same punishment applies to the known accomplices, or those who have been implicated, when they have been involved in the forbidden recruitment or unlawful engagement of people for foreign military or civil services, or their illegal emigration to foreign states, with the intention of establishing themselves under the sovereignty of other powers. If they were connected with or worked alongside the false recruiters, emissaries, or instigators, they shall be identified and punished in the same manner as outlined above.
Ninth: If Our Imperial-Royal Banat Land Court, following the above-mentioned regulation, delivers a verdict swiftly and justice is satisfied, and if the Land Administration concurs, every precaution must still be taken so that no assistance that could be provided to the accused is denied. Instead, such individuals should be examined as true, impeccable witnesses—quickly, but with due maturity and thoroughness. It is better to extend the examination by one or two days than to rush them. If the accused refuses to confess to the crime attributed to them, it must be proven with the testimony of at least two impartial witnesses under oath. However, if there is only one witness and the accused has provided some evidence in favor of their innocence, then torture should be resorted to at the discretion of the Provincial Court—provided that the court is unanimous in its opinion—without delay and as soon as possible. Only the most necessary and brief questions should be asked to elicit a confession. If no confession is obtained, nor any new indications or evidence emerge, the accused should be declared innocent and released. To ensure the strictest criminal procedure to the highest degree through this Our supreme Patent, We also decree that…
Tenth: We hereby convey to Our Imperial and Royal Banat Land Court, with great seriousness, our wish that in the sole and clear circumstance outlined in the above-mentioned Section 6, the investigation should proceed according to the nature of a swift and standing judgment. This should be executed promptly with the required permission from the Land Administration within the prescribed time. All other occurrences referred to in this patent, as well as cases as outlined in the aforementioned Section 6 and prior Section 10, in which the votes in the Land Court do not unanimously and consistently favor the imposed death sentence, or if the circumstances require the use of torture, the judgment and sentence should be formed. However, should the judgment and sentence not be carried out on the accused, or should torture not proceed as planned, a new judgment or interim judgment with the reasons for the sentence and conclusion of the Inquisition act should be submitted to the higher authority of Our Imperial and Royal Land Administration. This authority, according to the prescribed regulations, may either confirm it and send it for publication and execution, or, depending on the circumstances, submit it for the highest decision to the Court with the relevant reports attached.
Tenth: We seriously convey to Our Imperial-Royal Banat Provincial Court, with great seriousness, the desire that, in accordance with the provisions mentioned in the above-mentioned Article 6, the investigative procedure be conducted and the verdict rendered in line with the nature of a summary court, and that the verdict should be promptly approved by the Land Administration, applied to the accused without delay and in full within the prescribed time; however, in all other circumstances mentioned in this Patent, as well as in cases referred to in Articles 6 and 9, where the votes of the Land Court are not unanimous and unequivocal regarding the execution of the death sentence, or where the penalty is altered to torture in order to conclude the case, or where, depending on the circumstances (on which We provide special instructions, dated from today onwards, to both Our Banat Land Administration and the Land Court), a verdict is rendered and justice satisfied; or if torture is applied, but the verdict and justice are not carried out against the accused because someone has opposed the use of torture, then for a new or additional ruling, the reasoning for the verdict, along with the attached interrogation records, signed as required, should be sent to a higher instance—Our Imperial-Royal Land Administration—for further review and execution, or, if circumstances so require, the entire case, along with the necessary justification, should be sent to the highest instance at the Imperial Court for consideration.
Eleventh: Against the accomplices and drivers who knowingly assist recruiters in transporting individuals enlisted for foreign military service, or those who have accepted or sought foreign military service, or emigrants who are taken out of the country, action should be taken according to the strictness of the above law. Besides,
Twelfth: Those subjects and inhabitants who knowingly harbor individuals recruited for foreign military service, or who have entered foreign civil services, or otherwise emigrated to foreign countries and wish to establish themselves in lands outside Our dominions, and fail to report them to the appropriate authorities to be arrested in a timely manner or moreover, fail to report them immediately or aids an individual who has accepted or wishes to accept foreign civil service or one who seeks an alternative form of establishment under foreign rule, as well as those who are suspected or have participated in seeking foreign military or civil service or were caught while emigrating for the purpose of foreign establishment—shall be held accountable. On a first offence, the individuals involved may be placed in a labour camp or sent to public labor in chains and irons for three or more years, or less. On a second offense, the penalty will be doubled, and they will be exiled from Our entire hereditary kingdoms and lands. Moreover,
Thirteenth: This Patent also stipulates that everyone is obliged to pursue, with all available means, those guilty of the crime of recruitment and seduction of people, as well as emissaries and instigators of emigration. Furthermore, anyone who accepts or seeks foreign military or civil service, or any other form of foreign livelihood, and wishes to emigrate to a foreign country without Our permission must be placed in custodial detention, and all communication and actions related to this matter should be carried out with urgency. The opportunity to apprehend such offenders can only be achieved if diligence eliminates negligence; therefore, responsibility shall also fall upon those described in the previous, twelfth paragraph, who shall be punished accordingly. In particular, if negligence is demonstrated by any of Our officials, members of Our land militia, or senior officers, whose duty it is to enforce this, or if it is shown that they have in any way acted contrary to Our Patent, they should, depending on the circumstances of their offense, be subjected to monetary or corporal punishment, stripped of their honor and rank, and, in addition, be declared permanently unfit for any such position. Moreover, it is also known that…
Fourteenth: Those assigned to recruitment by Our regulated militia are required to be properly legitimized with a royal military certificate or authorization from the Hof-Kriegs-Rath1 at all locations within Our hereditary lands, including the Temeswar Banat. Furthermore, any additions or replacements within Our Banat land militias, under the jurisdiction of Our Land Administration, can only be carried out under Our highest orders, issued by the Hof-Deputation appointed for the Banat and Illyrian territories. Consequently, all foreign military recruitment in the Temeswar Banat will not be considered valid or permitted unless the recruiting party has first obtained the necessary permits and authorization documents from Our Hof-Kriegs-Rath, along with a special permit issued by Our Hof-Deputation for the Banat and Illyrian regions, allowing such foreign recruitment in the Temeswar Banat. Similarly,
Fifteenth: With the present reinforced penal regulation, We have strictly prohibited all of Our Banat subjects, inhabitants, as well as contributors and others, including Our entire land militias in the region, from accepting foreign military or civil service or emigrating to foreign states that are not under Our sovereignty, under the previously stated penalties. This strictest of prohibitions has already been publicly communicated to all Our subjects and inhabitants across Our other hereditary lands through published patents. Therefore, and although it is understood that this prohibition applies to all, We further command that none from the previously mentioned nations, specifically those of the Illyrian-Raitz2 and Wallachian nations within Our hereditary lands, shall henceforth attempt to accept foreign military or civil service or seek such positions. They are also prohibited from emigrating to states and lands not subject to Our sovereignty, with the intention of establishing themselves there. In the event of any suspicion or doubt in such matters, especially when recruitment is carried out secretly or in any way covertly, an immediate report should be made. The offenders, or those found guilty, will be subject to the penalties prescribed here. We have expressly instructed the Hof-Deputation in the Banat and Illyrian territories to vigilantly monitor and enforce this, not only for the Temeswar Banat but also in relation to the entirety of Our loyal Illyrian nation. Should any breach occur…
Sixteenth: Anyone who, without Our prior permission, seeks to find means and ways to emigrate to foreign lands not subject to Our sovereignty for foreign military or civil service, or for any other purpose, shall not only have their property and assets immediately confiscated, but they shall also have any future inheritance rights forfeited. These offenders, whether apprehended quickly or after some time, shall be dealt with in the strictest manner according to the severity of this patent and punished accordingly. On the other hand…
Seventeenth: These penal regulations shall in no way apply to traveling journeymen, nor to merchants or others engaged in their trades or necessary travel. These individuals are free to travel as they please, and, as was the case before, they shall be provided with the appropriate passports upon their request and in accordance with the necessary conditions.
All of these Our above-mentioned Imperial Royal and also Land-Ducal decrees and serious orders are hereby to be strictly and obediently followed by everyone in Our Banat of Temesvar. No one shall act contrary to them, and all must be vigilant to avoid the aforementioned penalties. Given in Our Imperial Royal Capital and Residence City of Vienna on the twenty-first day of July in the year seventeen hundred and fifty-two – in the twelfth year of Our reign.
MARIA THERESIA.
L.S. [Location of Seal]
Carl Ferd. Count of Konigsegg-Erps.
Franz Baron von Schmidlin.
By command of His Sacred Imperial Royal Majesty.
Joachim Carl Ziegler.
