Basic issues of the system were regulated by the charter of
Chelmno, granted in 1233 and renewed in 1251, as well as by the law of
Magdeburg.
Initially, the most important decisions concerning the
functioning of the city were made by the assembly of citizens, made up by the
inhabitants of Torun, who had full city rights. Every year the community of
burghers chose the judge, also called the city leader (soltys), and his
candidacy was accepted by the Teutonic Knight Order. Soltys along with the
jurymen made the jury. In Torun it was appointed in the charter of Chelmno
probably soon after 1233, although the first mention about its functioning
dates back to 1258. Since the beginning of the 14th century the
number of jurymen of the Old Town of Torun was set at 12.
Firstly, it was the
jurymen themselves who decided on the appointment of the new members of the
jury. However, it was already at the turn of the 13th and 14th
centuries that the city council got the decisive influence in this matter.
At first, gatherings of the jury were held in the open air
on the biggest market place in the city. The gatherings were open and usually
attracted a significant number of spectators. Most probably in 1274 the
building of the court was erected. After the Town Hall had been extended in
1393, the gatherings were moved to its northern wing. The jury was responsible
for adjudicating in all civil and criminal cases. In the Old Town of Torun the
jury books had been kept since 1363, and previously so called jury lists, which
apart from the list of jurymen contained court sentences. The jury of the Old
Town of Torun comprised the city territory within the city walls as well as
patrimonium (the land possessions of the city).
The city council of Torun came into existence most probably
between 1233 and 1251. At the beginning of the city it was soltys with the jury
who held the broadest range of power, however the council was gradually gaining
more and more competences. The furthest going changes had place at the turn of
the 13
th and 14
th centuries, when the council acquired a
significant privilege of appointing the jurymen and soltys, and at the same
time took over some of his competences. In the second half of the 13
th
century it was the council which represented the city and delegated its
representatives to meetings with the Grand Master and the Association of the
Hanza Cities. As a result of these system changes the council had become the
most important organ of authority. It held the supreme legislative, executive,
and judicial authority. One of its most significant privileges was to issue "wilkierze", i.e. directives regulating the city life. The executive authority
meant the general administration over the city. The council was also
responsible for the implementation of orders issued by the state authorities.
Initially, the assembly of citizens had decisive influence
on the election of the councilors. However, soon the council expanded its
competences, and acquired the full right to elect its members. Election of new
councilors was already held in a parish church on the 22nd of
February, when the Catholic church celebrates the holiday of the Cathedral of
St. Peter. Since the beginning of the 14th century the council of
the Old Town of Torun had consisted of the incumbent council (the councilors
currently holding the clerical posts in the city) and the council of the
elders, namely the body consisting of the councilors of “previous terms”. As a
whole the number of the councilors was not permanent, and varied between 24 and
25. The councilors originated most often from well off merchant families, and
even though legally representatives of some crafts were allowed to held the
post it happened hardly ever. Families that had direct influence on the
authorities in the city made the patriciate, the group distinguished not only
by its wealth but family and economic connections.
At the head of the council was a mayor, who led its
meetings, along with it represented the city outside, and was responsible for
the city treasury and its seals. The post of the mayor was first mentioned in
the document from 1303. Initially, two mayors were elected, since one was at
the head of the incumbent council, and the other led the council of the elders.
In the 40s of the 14th century the number of mayors increased to
four, because the posts of deputies were created.
In 1264 another town was
erected not far from Torun. The country Master th March 1454. Then the council
of the New Town of Torun ceased to exist, yet the difference in judiciary
system was still preserved.
Ludwik von Baldersheim granted
the charter to the New Town of Torun. It was based also on the charter of
Chelmno, and had similar system rules to the ones in the Old Town.
Analogically, it was ruled by the council and the jury. However, its founder,
namely the Teutonic Knight Order, granted itself a significantly bigger
influence on the life of the city. The system differences were cancelled in the
act of incorporation signed on the 8