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Papers Relating to the Scots in Poland (1576 - 1798)
Appendix III


Cracow Documents

(This fragment relates to the religious disputes in Cracow.)

‘In the same year, 1647, during the time of the Ascension of Our Lord, fearing the criminal assaults of the students, nearly all the Cracow citizens of the evangelical confession had left Cracow for different places, in order to get out of danger. Amongst them was Mrs. Susanna Thor, [She was born Susan Oscen, and married to William Thor at Cracow in 1629. In 1645 one Elizabeth ‘Tor’ married Richard Gordon, in the same town.] who went to Lucianowice, where she stayed for a week, then, understanding that all was quiet in Cracow, she returned on the Sunday morning following the Ascension of Our Lord. But, unexpectedly, the mob was having meetings and riots during this time, and on June 5th, on the Wednesday before Whitsuntide, at 22 o’clock (on the full clock) several hundred people, gathering together, ran rapidly towards the stone house of Mr. William Thor, merchant and citizen of.Cracow, in the Bracka St., who, having gone to Hungary on merchants’ business some weeks before, was still away when this tumult occurred. There lived with the above-mentioned Mr. Thor a certain young man named Samuel Ceir, an evangelist, born in Novopol, who taught his children privately, and who, as he studied as well, frequented the Cracow Academy. This one, seeing that the students were rioting, and noticing (though not at once) that they were making for Mr. Thor’s house, ran before them as quickly as possible, the doors of the house being open, since no assault was expected. Some neighbours, though of different confession, seeing how near was this huge crowd of assaulters, cried out, ‘Shut the door, Mrs. Thor, shut the door!’ At their cry the merchant’s wife, Mrs. Susan Thor, looking out of the door into the street, saw her children’s governor, Mr. Samuel Ceir, almost falling at the threshold, and, close behind him, a mob of many people, struggling. Scarcely had the youth jumped into the house when the door was shut and those who were within fastened and barricaded it as well as they could; then the mob, amongst whom were riotous students, fell upon the house, first throwing stones, as if they were hail, from all directions at the doors and windows, which latter they broke; during which storm one of the mob of students, who urged the others on the most, not seeing whence the shot came, was killed the first. Then some of this riotous mob, seeing that the house-door was well barricaded, tried to force it with sticks, whilst others stormed, and others again, taking the gutter that lay in the street, and pushing it with great force, knocked it against the door like a battering-ram, trying to get into the house by means of this violent storming. Already the doors began to move on their weakened hinges and to give way, when, by God’s strange Providence, one of Mr. Wisniowiecki’s servants, who studied at the Cracow Academy, a good friend of Mr. Thor’s, ran to the Wojewoda’s Dragoons, who were standing before the Wojewoda’s palace, and told them about the mob, begging their captain to go to the rescue and disperse the tumult. The captain and his dragoons ran up just when they had struck the door with the gutter for the third time; and, on seeing them from afar, they threw away the gutter and ran away to the Franciscan cemetery, stoning the Dragoons, some of whom they wounded. Then the captain ordered his dragoons to fire, and they shot two at once, before the church. The footguards at the castle fell on with their captain, attacking this mob from the back, at the other side of the cemetery; there they wounded several with swords and dispersed the tumult. But they began to form again, some in the Oolembia St., others in the marketplace. But the dragoons, when they saw it, again dispersed them, so that barely three of them remained together. Then came twilight and night, when the footguards went from the Bracka St. to the town hall, and the dragoons to the Swedish gate, all the others being closed. That night passed quietly. But next day, on Thursday the 6th of June, from the early morning, the mendicants began to gather in the Bracka St. and students as well; and the crowd began to stare at the house. Then, when this riotous crowd began to throw stones, the captain fell upon them with a few dragoons and drove the whole mob into the Franciscans’ Church, the doors of which were open; and when the students threw stones therefrom at the dragoons, some dragoons fired at them in the church doorway, but did not hurt one of them, only the balls went into the church walls, and, having this chance, the Franciscan friars did make protests and threats against the evangelical citizens for outraging their Holy Place (though, at the time, not one of them dared show himself). But the gentlemen elders of the Cracow Assembly, fearing further legal difficulties, gave them six hundred zloty, so that they should shut their mouths. On that same day, when the dragoons had gone, they made assaults on the houses of Mr. Jacob Karmichael, Mr. George Hensler, and Mr. George Hankowicz, citizens and merchants of Cracow. In the two first they broke the windows, in the third they broke the wooden doors from the cellar into the street; they looted the wood that was there and carried it round to various schools. Whilst this tumult was raging on the Thursday, Mrs. Thor and her eldest daughter, in fear of more danger, went secretly by roofs and walls of neighbouring houses to a neighbour, by whom she was kindly received and hidden during several hours, not daring to show herself. Of the two younger ones, one hid with a seamstress, during the tumult, and another somewhere else, with a friend. On the third day, Friday the 7th of June, they again gathered before Mr. Thor’s house and began to storm it; but the captain of the castle sent five men with muskets, who drove them all away. Then, at nine o’clock of the same day, on the half clock, they brought the dead student out of the Franciscan church, to bury him; and all the students went to this funeral procession, standing before and behind the coffin, calling out about their dead comrade. And what they said was: that the captain at the castle (they mentioned his name) had kilted and murdered an innocent student, being hired by William Thor (who was then in Hungary, many miles away from Cracow), putting a shameful libel on those who were in hiding either in that house, which they stormed for three days, or elsewhere, having their only defence in fervent prayer to the Lord God, and awaiting nothing else but death and the dispersal of their goods. When they set up this hue and cry about their dead comrade at the funeral procession, four dragoons fired at them with muskets, and, alarmed thereby, many of them ran away from the funeral procession. But those who were still shut up in Mr. Thor’s house, seeing the huge funeral procession from the roof, and hearing the shots, and fearing that they, becoming riotous, might attack the house again, yet more forcibly, escaped in fear over several roofs to neighbours’ houses.’

(In another part of his Kronika Wengierski gives this text of the discharge, whereby the various suits in connection with the tumult were brought to an end.)

Compearing in person before the present session of the Court of the Captain of Cracow, the Rev. Adam Raczewic and the Rev. Stanislas Osydowski, Professors of the Laws in the Univerioty of Cracow; also the Excellent Florian Lepiecki, Junior Colleague, the Excellent John Suprawski, Doctor of Arts and Philosophy, the Noble Stanislas Bronikowski, student of Philosophy and Law, and Thomas Walinski, sworn Bedell of the said University of Cracow, for themselves and in name of the whole University of Cracow, for whose ratification they give guarantee and sign their names as being present, Withdrawing from all their own competent territories, districts, court, law, rights, and jurisdictions whatsoever, and surrendering and submitting themselves, with their successors and representatives and all their property, absolutely and completely, so far as concerns the present Act, to the jurisdiction of the present Court, recognised openly, freely and expressly, and recognise individually each for his own interest, That they, having received from the August James Vitel, Canon of Cracow, Doctor of Theology, and Rector of the University of Cracow, and from the whole University of Cracow Full Power of Recognisance hereafter defined, do acquit and make free for ever the Well-famed William Thori, Caspar Ekkarl, Wilhelm Huyson, James Karmichel, Benedict Kesler, Arnold Mercator, John Magerhofer, Zacheus Kestner, John (or Vicentius) and Paul Liscovich, Luke Synuk, Frederick Puppe, George Krugshang, Christopher Wolfel, George Hirschman, Gerard Delene, George Hensler, Alexander Dixon, George Vitel, John Dukiet, George Haukovic, Michael Kraus, Robert Blackhal, Bartholomew Brunsvick, James Cramer, [Czamer?] Herman Zelman; and also all the Scots merchants and citizens of Cracow; and also the Noble John Szpadowski, Andrew Zakrzewski, Stanislas Roznowski, Paul Czechovic, and Isztwan the Hungarian, Buldyzar, and Paul Sass from all Protestations whatsoever, brought before any office at any session, whatever the purport of their wording, whatever the events or violent injuries on occasion of which they were lodged; and also from cases and actions at law before any court or office of the Realm which have been instituted against the persons above-named, on account of these Protestations, at the instance of the foresaid August Rector and the whole University of Cracow, and which devolved in due course upon the Courts of the Tribunal of the Realm, at whatever point or stage of law they may be depending; and also from any other injuries, losses, or claims whatsoever in any way outstanding at the present day; and this they do in adherence to the mediation of common friends.

The said Protestations, whatever the Acts in which they are contained; the said cases and actions at law, at whatever point of law depending; and everything mentioned above, they quash, repeal, and annul, imposing upon themselves and their representatives and the whole University, as now and for the present constituted, perpetual silence by means of this present Writ regarding the premises. The Full Power for the Recognisances in the premises, granted them by the August Rector and the whole University, which the Recognisors above-named present to the Court for registration, is to this effect:--

We, the August James Vitel, Doctor and Professor of Theology, Canon of Cracow and Rector-General of the University of Cracow, to preserve the public peace for our studies, and also to set at rest the actions at law to which the University of Cracow and factious persons resident in Cracow have had recourse, whatever the Bench or Court before which they are brought, by a general resolution of the University, have appointed to grant acquittance the Admirable, Reverend, and Excellent Adam Raczevic and Stanislas Osyzdowski, Colleagues and Professors of the Laws; Florian Lepiecki, Lesser Colleague; John Suprawski, Doctor of Philosophy; also the Noble Stanislas Bronikowski, student of Philosophy and Law, and Thomas Walinski, Bedell of the University, giving them as appointed for the present business full power and general faculty to acquit those whom our Protestation and Process at law seem to effect, whatever be their standing. In witness whereof, we have signed these presents with our own hand, and ordered that they be secured with our seal.

Given at Cracow, in the Greater College, on the 21st day of April A.D. 1648. JAMES VITEL, Rector of the University.

Done in the Castle of Cracow, on the Wednesday [22nd April.] after the First Sunday after Easter, A.D. 1648. LUKE KOCHANSKI, Vice-regent and Judge of the Castle at Cracow.

‘ACTA RECTORALIA ALMAE UNIVERSITATIS STUDII CRACOVIENSIS.’—

Translation of certain entries.

On Thursday, 6th July 1469, Terms were held.

THOMAS, a Scottish bachelor, demanded from John, a student from Cirbark, the return of a mattress (lectisternium) and certain books, which the said John held as security for the loan of a sum of 36 grosz. The student John, in the spirit of a litigant, said he was willing to return the articles to the Bachelor, provided that the money he had lent, namely 36 grosz, were paid; and neither did the one deny the borrowing of the money, nor the other the retention of the articles. On hearing these admissions from the parties, the Lord Rector ordered the articles to be restored, and the money paid, as claimed by each party, within a week —41.

Thursday, 13th July, Appointment of an Agent.

The Talented JAMES from Clacz, a student, compearing in person, made and appointed as his Agent in the case and cases in which he is or will be involved with one Thomas, a Scottish Bachelor of Arts, the Talented Balthezar from Cymbark, a student, who was also present and willingly accepted the burden of the agency, to act, to defend, and to cite, and to seize the property of the foresaid Scot in default of certain payments due to him, and in general to perform each and all of the acts which the Constituent would perform, or be able to perform if he were present in person at the said proceedings; also to raise moneys in his own name, to exact them, and to grant receipt for the same; promising in the best form of words to hold and keep surely and firmly ratified the acts and deeds of his agent with regard to the premises, and his arrangements whatever their nature. There were present also the Venerable John Tosth, Doctor of Decreets; John, from Rawa, a student; and others.—43.

Thursday, 20th July. Definitive Sentence in the case of John of Cirbark and Thomas the Scot, student.

On the citation of Thomas the Scot, from the Hall of the Poor, by John of Scirbark, and their compearance in person before the Lord Rector, when the said John craved that the articles of Thomas the Scot held as security for the sum of 36 grosz should be sold, or that the Lord Rector should pronounce his will concerning the matters dealt with previously, and since Thomas the Scot made no statement, the Lord Rector, adhering to his first pronouncement and to the decree recorded above in the Acts, gave in writing his Definitive Sentence between the two parties, to the following effect:

Invoking the name of Christ, who is ever in our thoughts, and being desirous of dispensing justice to every individual in administration of the office entrusted to us, Whereas Thomas the Scot, residing in the Hall of the Poor, has failed to obey our decree and sentence, from which moreover he has not appealed within the period allowed by law, while John of Cirbark, student at Cracow, is both prepared and willing to obey our sentence and decree, as has been actually stated by him, and is clearly recorded in the record of our proceedings, and while the same John, student, craved that the property of the said Thomas, held as security for the sum of 36 grosz, should be sold, adhering to the first decree inclulded in our proceedings we define, decree, and pronounce defined, That the said John, student at Cracow, shall be at liberty to sell the articles of the aforesaid Thomas, the Scot, in the following way: he must summon certain good men and true, who after calling the said Thomas, the owner of the property, will assess and value the said articles themselves; and after being assessed and valued thus by these men should they prove to be of greater value than the amount of the said loan, John himself, while retaining the articles, shall be bound to pay this surplus to the said Thomas, or Thomas himself, as a favour, shall be at liberty, on payment of the money, to redeem and regain the articles, within two weeks from today. This Definitive Sentence was read, passed, and published in writing by the Venerable Stanislas de Sadek, Professor of Sacred Theology, Canon of St. Florian and Rector of the University of Cracow, A.D. 1469, second indiction, in the 5th year of the Pontificate of our Reverend Father in Christ, Paul II., by divine providence Pope, on Thursday, 20th July, in the College of the Faculty of Arts, his own residence. There were present also John of Rawa, student, and I, Arnold of Cucharij, by imperial authority Clerk of the Court of the foresaid Lord Rector.—46.

Bond.—I, THOMAS, from Scotland, Bachelor from the Hall of the Poor, recognise with my own hand that I owe to the Venerable Stanislas Schadek, Lord Rector of the University, one ferto, [1/4 of a mark.] which by this present note of my own hand I bind myself, under pain of the same penalties and sentences from which I was released, to pay within one month from now, being the penalty incurred by me for insubordination.—65.

Report .—NICOLAS NICLIN, from Pornania, Bachelor and Presbyter, assigned by the Lord Rector as Executor to the Lord de Sadek, reported that he had cited Thomas, a student from Scotland, and announced that he would present in writing his charge against him.—137.

Sentence.—STANISLAS, a Bachelor from Lithuania, is sentenced by decree of the Lord Rector on account of a violent assault upon Thomas, a Bachelor from Scotland, to pay to the University one ferto within three days, and twice that sum to the injured party, Thomas, Bachelor, within the same period.— 138.

Delay.—Compearing on Wednesday 30th January a debtor (?), STANISLAS SADEK, Master, petitioned the Lord Rector that on account of his absence from Cracow the period fixed with Thomas the Scot to expire on the following Sabbath be extended until his arrival at another time for the purpose of the same act. This extension he obtained, alleging that it was to the party’s advantage.—141.

STANISLAS from Lithuania, Bachelor, citing Thomas the Scot to witness the lodging of a security for the moneys awarded to him (Thomas) in accordance with the judgments of the Lord Rector, left as security at the session of the Rectorate a book containing the ‘Cronica Vincenciana,’ along with other books. [Or ‘other contents’.]—150.

STANISLAS SADEK, Master, produced a Writ issued against Thomas the Scot, craving an answer in his presence from the said Thomas, who demanded a copy of the principal, and claimed that the parties should meet again within a week from this date.—156.


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