The First Decree
Done at Lublin in the Ordinary Courts-General
of the Tribunal of the Realm, on the Monday after Rogation Sunday, [May 5th]
1687.
The present Ordinary
Court-General of the Tribunal of the Realm at Lublin, at the request of
the Very Rev. Albert Radomski, Dean of Chodel, Curate of Belzyce, directed
that extract of the following Decree between the parties hereinafter
named, done as above, be granted from the Register of the Decrees of their
court, word for word as it is therein contained, to this effect :—
There compeared in person
the Very Rev. Walkowicz, Prosecutor of the Episcopal Court at Cracow,
Pursuer; and the Discreet Stanislas Mikolaiewski, Prisoner at the Bar.
The Court, after hearing
the statement of the pursuer and the plea in justification set forth by
the prisoner, and giving mature consideration to every point and
circumstance connected with the charge preferred, having also read and
seriously discussed the admissions lodged with the Court by the said
Prisoner of his own free will, decrees that he is liable to such
punishment as may satisfy the laws of the Realm, since he did dare and
wantonly presume to propagate the Calvinistic doctrine damned by laws
divine and human, and stringently restrained by the most rigorous
penalties sanctioned by a public law regulating the time and place of its
profession; and recently to adopt its practice in the private house (the
Curia Luezanoff) of the well-born Vladislas Zielinski; and publicly to
preach abominable Calvinistic doctrines to a congregation therein
assembled on several occasions, with formalities and in circumstances
alike forbidden by the laws of the Realm, and to strengthen their damned
delusion; and in likewise openly to outrage the laws of the Realm that
have stood fast for so many generations, and also to cloak this abominable
profession of their sect with the style of Roman Catholic elders, as is
clearly evident from the signatures of his hand exhibited by order of the
Judge. And although he has merited heavy penalties no less than light, the
Court in condescension decrees that in expiation of this his rash
presumption, he shall enter the Tower of the Castle of Cracow within one
week from now, and there abide for one half year without break, in the
place of confinement to be assigned him by the Most Illustrious Ordinary
of the place.
Furthermore, in respect of
his usurpation of a spiritual title, whereas he ought to bear a temporal,
after fulfilling this first term he shall serve a second therein lasting
twelve weeks, and shall no more presume to practise an abominable creed
restrained by public laws and by usage resulting therefrom; should the
prisoner so do, the penalty now decreed is Ban (infamia) and the
Pillory (collum), and for the publication thereof a term is
prescribed in the same register. Moreover, to remove further scandals and
the odious occasions of the same, the Court decrees that certain books
containing infamous blasphemy against the Virgin and the Saints, which
were seized in the prisoner’s possession, shall be committed to the
flames, and burned in the public market-place on the morrow by the public
hangman, by reason of this their severe censure and sentence; since it is
plain that both the said prisoner and other disciples and administrators
of the same sect will not dare to make wrongous use of the style befitting
only Roman Catholic elders, in respect to dress as well as usurpation of
title (whereas they possess the temporal title only) when they are liable
to the foresaid penalty of Ban and the Pillory, to be demanded at the
instance of any one soever from the same register, and also to Free
Imprisonment (libera captivatio) which may be effected, in case of
contravention, by a spiritual Court as well as by the arm of the King, in
whatever place the person accused of this offence can be arrested.
But whereas the foresaid
Well-born Zielinski, to the utter convulsion of the laws of the Realm,
which strictly prohibit the exercise of the said creed, did wantonly
presume to admit it within his private house, or rather hall (curia),
and permit the said hall to be appointed as a new public temple,
publicly declaring himself—as is plainly evident from the authentic
document exhibited by order of the Judge—to be its patron, therefore, in
execution of the public laws, which permitted exercises of the kind only
in the ancient places, the Court decides that the said Zielinski must be
cited, and decrees that the pursuer, with the Prosecutor of the present
courts, shall cite him to compear within two weeks from now, after this
citation, whether obeyed or not, there is prescribed for the parties in
the same register a peremptory term of two weeks, the privilege of
securing a stay of proceedings being precluded.
Corrected by Lugowski.
Francis Stoinski, ‘leiiitorial
Judge of Lublin (Locus Sigilli)
The Most Illustrious and Reverend Kraiewski,
President
The Most Illustrious and Excellent Dambski, Palatine and Marshal.
The Second Decree
Done at Lublin, in the
Ordinary Courts General of the Tribunal of the Realm, on Friday the day of
the Feast of St. Hedwige [17th October] 1688.
The present Ordinary
Court-General of the Tribunal of the Realm at Lublin, at the request of
the Very Rev. Albert Radomski, Dean of Chodel, Curate of Belzyce, directed
that extract of the following Decree, done as above, be granted from the
Acts of their Court, word for word, as it is therein contained, to this
effect :—
Accordingly on this day,
whereon by virtue of all the premises and the Ordination of the present
Courts the term legally appointed falls due, both parties having compeared,—the
Very Rev. Wlodek, Curate of Piotrovich, Pursuer, in person, and the
Well-born Dambek, also Pursuer, indicting in person; and the successors of
the late Well-born Peter and Stanislas Chrzanstowski, and others, cited by
the Well-born George Kochowski, and the Well-born Mrs. Broniewski with her
son, and also the Court of the Castle of Neocorczyn and others cited by
the Well-born John Krinkiewicz, Defenders—the present Ordinary
Court-General of the Tribunal of the Realm at Lublin, after hearing the
arguments made and brought forward at length by both parties and seriously
considering them, that they may dispose of the Remission of the Court of
the Castle at Neocorczyn to the present Court, and come to a decision
concerning the infringement of a former Tribunitial Decree wherewith
different persons are charged, and also concerning an action for damages
preferred against the said Court of the Castle at Neocorczyn, in
particular as regards the persons of the Well-born Mrs. Broniewski and the
said Court, decree that since it is proved that the said Court, although
enjoined by statute to furnish sworn testimony from six witnesses of noble
birth and landed estate at the first session of the said Court to be held
after lapse of six weeks, did fail to inflict upon the infringing party
the penalties of their infringement, and postpone the oath, in a case
already tried, until the next session, while the other party at the first
session produced witnesses only [ • . • .Text corrupt . ]
without conforming to the Tribunitial Decree as her interests demanded,
and at the following session produced in person the Noble Stanislas
Kochlewski, a man convicted of apostasy, whom the said Court wrongfully
accepted as a witness, on this account the Court has become liable to
penalty for damages, and Mrs. Broniewski for infringement (of the
Tribunitial Decree), and sentence the Court, or rather the party
representing it, to pay 100 Polish marks as damages to the Pursuers, and
half that sum to the present Court, to the Pursuers by the date
hereinafter given, but to the Court at this instant; and Mrs. Broniewski,
for the infringement of which in that time she was guilty, to pay a Double
Captain’s Fine (duplex vadium capitaneale) to the pursuers by the
term above given for the production of a witness, and a Single Fine at
this instant to the present Court; notwithstanding which, to supplement
the sworn testimony of Kochlewski, the Court decrees that the Well-born
Mrs. Broniewski shall furnish another witness of noble birth and landed
estate before the Court of the Castle at Neocorczyn at their first session
for lawsuits to be held after six weeks, that he may give evidence on
oath, subject to the penalty hereinafter defined. Furthermore, as
concerning the infringement with which the pursuers charge the successors
of the late Well-born Chrzanstowskich, since the Well-born John
Chrzonstowski in presence of the said Court did furnish, with witnesses,
sworn testimony at a stated time as enjoined, therefore the Court makes
and pronounces him acquitted from this legal suit and prosecution by the
pursuer.
As for the other parties
cited, Elizabeth Chrzanstowski by name, one the widow of the Well-born
Peter, Vice-captain of the Castle, of Sandec, the other married first to
Stanislas and subsequently to John, and the successors of the late
Well-born Stanislas,—since the said Chrzanstowskich, though distinctly
named in the citations, did not furnish sworn testimony before the said
Court of the Castle at Neocorczyn, as directed in the foresaid Tribunitial
Decree, the present Court finds them guilty of infringement thereof, and
decrees that in atonement therefor, and as amends, for the conviction of
their husbands in the year 1670 on a charge not yet refuted, one or other
of them pay a Threefold Captain’s Fine to the pursuers when furnishing the
sworn testimony, and a like amount to the Court at this instant; also that
they declare on oath, before the Court of the Captain of the Castle at
Neocorczyn at their first session for lawsuits to be held after six weeks,
as enjoined by the former Decree, in the same terms as did the Well-born,
Alexander Chrzanstowski, with six witnesses of noble birth and landed
estate, ‘that they do not profess the Arian Creed, and in no wise lend
complicity to the adherents of that detestable doctrine, and are guiltless
of any blasphemy against the Orthodox Roman Catholic faith, and of all the
other charges in the indictment,’ the said session being fixed and
sustained by the present court as a peremptory term for the Pursuers, that
they may demand the oath, and the Defenders, that they may furnish it.
Next, as concerning the
Discreet Petroselin, an alleged promoter of the Calvino-Arian Creed, the
present Court, holding it proven that he did exert himself to comply with
the Tribunitial Decree in presence of the Most Illustrious and Reverend
Ordinary of the district, and that it was not by his opposition that the
oath was deferred, finds him not guilty of infringement; but nevertheless,
in conformance to a former Tribunitial Decree, it decrees that he give
assurance concerning his own religion, which he professes with the
sanction of the State, and at the same time secure acquittal, in these
terms, along with two ministers of the same sect and four noblemen with
landed estate, ‘that he promotes the Arian Creed neither secretly nor
openly, but acknowledges Deity in the Most Holy Trinity, and the
Personality of the Son of God, and the Holy Spirit Co-equal and Co-eternal
with God the Father, also the Resurrection of the Son of God by virtue of
His Divinity, and the Virginity of the Most Blessed Virgin Mary both
before and after His birth, the immortality of souls, and their activity
after death; that he has lent no complicity to the adherents of the
detestable Arian Creed either himself or by means of subordinates, and is
guilty of no blasphemy against the orthodox Roman Catholic faith either
himself or by means of his adherents or persons instructed by him, nor of
any of the other charges in the indictment.’ This he must testify
forthwith before the present court, which presents the Noble Martin
Nadoiski, Minister-General of the Realm, that the attestation may be made
in the above terms by the party cited, who shall perform the premises
subject to a penalty of Ban, hereby decreed by this Court for infringement
of this Decree by the Defenders, to rest upon their persons and all their
goods, two weeks from now being a peremptory term for its publication from
the Register, fixed and sustained in presence of the Tribunitial Court of
the Realm at Lublin.
And whereas in conformance
to the above Decree the Discreet John Petroselin, Minister of the Temple
at Srczepanovich, with witnesses of discretion, namely Daniel Aram,
Minister at Piasek, and Paul Nemirecki, Minister at Reiow, and the
Well-born Paul Orzechowski and Theodore Suchdodolowski, did furnish sworn
testimony before the present court when challenged by Bogulas Rey,
Sword-bearer of Chelm, the Very Reverend Wlodek being Pursuer, therefore
the present court hereby pronounces the Discreet Petroselin acquitted from
this legal suit and prosecution by the said pursuer, imposing upon the
parties on this count a perpetual silence.
Finally, whereas the same
Pursuer demands that penalty be inflicted for failure to raze to the
ground the gymnasia erected near the Temple or Synagogue at Srczepanovich,
the present Court, as concerning the Act of Condescension of the foresaid
Court of the Castle at Neocorczyn, orders the nearer Heirs of
Srczepanovich to attend a sworn inquiry, and decrees that the Well-born
Peter and John Chrastowsey shall take a binding oath (medium corporale
iuramentum) to this effect, that in conformance to the former
Tribunitial Decree the foresaid gymnasia have been completely demolished
and razed to the ground, and that after the said Condescension and the
demolition consequent thereon no youths have received instruction or
training in the study of letters in the buildings or halls (curious)
surrounding the Temple; and that they are not liable to penalty for
infringement as urged by the pursuer. This they shall do with two
witnesses of their own class, within the next four weeks, which peremptory
term is fixed and sustained for both parties by the present Court, and by
this term the pursuing party shall be bound to ensure that the Well-born
Rey, who intercepted the book consigned to the flames for burning by a
former Decree, register his report for recognition before the officials of
his proper district, the peremptory term for both parties and for the
registration being kept as above.
Nevertheless, to remove
public scandals and occasions of heresy, the present Court decrees that
the foresaid Heirs of Srczepanovich, as also the foresaid Petroselin,
minister of the Temple at Srczepanovich, and his successors, shall not
presume to rebuild the gymnasia after their demolition, nor to organise
any more the schools of letters and train the youth therein either
secretly or openly; also that the foresaid Petroselin shall attend to his
own religion or sect only, and refrain in every way from administering the
sacraments properly belonging to persons of the orthodox Roman Catholic
faith, also from burial and sepulture of dead Catholics, and from all
Other ecclesiastical services, rites and celebrations which concern true
disciples of the Roman Catholic faith; and shall not offer himself in any
way for duties of that nature, nor presume to have dealings with foreign
persons who are disciples of the same sect. The penalty for contravention
of these premises by the Heirs of Srczepanovich and Petroselin, so far as
concerns the erection of gymnasia in Srczepanovich and the prosecution of
the study of Letters, shall be forfeiture and demolition of the Temple, to
be executed at the instance of the curate foresaid, the Most Illustrious
and Reverend Ordinary of the place; so far as concerns the other points,
it shall be Ban, as hereby decreed by the present Court, affecting both
the parties themselves and all their property in general, a peremptory
term for the publication thereof from the same register, notwithstanding
previous citations before the Court of the Tribunal of the Realm at Lublin,
being fixed and sustained.
Corrected by Lugowski.
Francis Stoinski, Territorial Judge at
Lublin. (Locus Sigilli.)
The Third Decree
Done at Lublin, in the
Ordinary Courts-General of the Tribunal of the Realm, on the Tuesday
[November 23rd] after the Feast of the Presentation of the B.V.M., A.D.
1688.
The present Ordinary
Court-General of the Tribunal of the Realm at Lublin, at the request of
the Reverend Damski, Dean of Chodel, curate of Belzyce, directed that
extract of the following Decree between the parties hereinafter named,
done as above, be granted from the Acts of their court, word for word, in
its entirety, as therein contained, to this effect :—
Accordingly on this day,
whereon by virtue of the foresaid Decree and the Ordination of the present
Courts the term legally appointed falls due, both parties having compeared,—
the Very Reverend Radomski, curate of Belzyce, Pursuer, in person, and the
Well-born Boguslas Orzechowski, Defender, compearing in person for himself
and in name of others to be cited (excepting the Unbelieving Judas
Jerszowicz),—the foresaid Ordinary Court-General of the Tribunal of the
Realm at Lublin, after hearing the arguments made and brought forward at
length by both parties, and seriously considering them, proceeded to the
reading of the evidence elicited in the case; the same having now been
read, and every circumstance affecting any person soever having been duly
weighed, especially as concerning the Discreet John Bitner, Minister of
the Temple at Belzyce, whereas from the evidence elicited he is not proved
guilty of the charges comprised in the summons of the pursuer, therefore
the present court makes and pronounces him acquitted from this legal suit
and prosecution by the Very Reverend Pursuer, as also the Well-born
Boguslas Orzechowski from the cause of his citation.
Furthermore, as concerning
the citation of Abraham Perstin, Hedwig Nemorecka, Anne Kleparska, and
John Bronzki, whereas the Well-born Orzechowski has cited them at this
present term, in accordance with a former Tribunitial Decree, and neither
is the Discreet Bitner, minister, proved guilty of leading to apostasy,
nor Abraham Perstin of apostasy, therefore the present Court frees and
acquits them also, on these counts, from the legal suit and prosecution by
the Very Reverend Pursuer, but directs that the case against the parties
Nemorecka, Kleparska, and Bronzki be proceeded with. But in the
prosecution thereof, weighing the facts with regard to the relevant
evidence, whereas the foresaid Nemorecka and Kleparska are shown to have
been born in the true Catholic faith, and anointed by holy Christian
baptism into the Roman Church at --- (as is revealed by poems [?lists] of
the baptized produced at the inquiry), while Bronzki is shown to have been
seduced from the united Graeco-Ruthenian faith; and although they are
shown to be liable to the penalties prescribed by public law nevertheless
the present Court, in consideration of their having been led into apostasy
in childhood (about the time of the Hungarian raid across the frontiers of
the realm against Bardiow) by the late Well-born Mrs. Menczynska, the
mother, and at a tender age by the Hon. Orzechowska, the daughter of
Bronzki (by whose death their crime has been wiped out), the present Court
in its clemency releases them from penalty as premised, thinking it meet
that they be restored all three to the bosom of the Holy Roman Church; and
it decrees that the foresaid Nemorecka, Kleparska, and Bronzki, with their
children of either sex, within one week return to the Holy Orthodox Roman
Catholic religion, and renounce in such manner as they may please their
Calvinistic delusions, subject to a penalty of the Pillory and Ban hereby
decreed for contravention of the premises; they are remitted to the
captains of their districts, and to the civil courts, that execution may
be taken against their persons at the instance of the Very Reverend
Prosecutor, or, failing him, of any one soever.
Moreover, to remove such
detestable occasions of apostasy, the present court directs that the
Discreet Bitner and his successors shall not presume to take into their
service Catholic boys under eighteen years of age, to initiate Catholics
in Calvinistic doctrines, to admit apostates in any way to his Temple, nor
to forestal the Catholic Church of Belzyce by the ringing of his
Calvinistic bell, subject to a penalty of Ban hereby decreed by the
present court for contravention of the premises, a peremptory term for the
publication thereof from the same register being fixed and sustained by
the present court (notwithstanding) previous citation; for the present he
shall pay fines of 14 marks Polish to the Pursuer, and the same sum to the
present court, the former fine to be doubled in event of failure to pay,
the latter to be paid at this instant, subject to penalty of Banishment.
And whereas by the same
evidence it has been clearly proved that the Unbelieving Judas Jerszowicz,
undeterred by fear of punishment, has been guilty of lustful and
adulterous intercourse with the industrious Anna, his servant, of the
Catholic persuasion, contrary to its precepts, and the said industrious
Anna, his servant, of shameful and adulterous pollution with Jewish
offspring, therefore the Court sentences them, as by law and their deed
disgraced, and on proof convicted, to suffer the criminal penalties,
namely capital punishment, and decrees that the Well-born Orzechowski
shall cause the said Adulterer, Judas Jerszowicz, to appear before the
Heirs . . . and the present Court within the next six weeks, and in
presence of the officers of the Castle of Lublin a peremptory term is
fixed and sustained by the present Court.
Moreover, since the past
investigations have shown the Jews of Belzyce to be guilty of
transgressing the laws of the Realm by their illegal use of women as
servants, by the year and by the week, and of committing scandalous
offences, and of infringing the laws of the Heirs [?] by their connivance,
therefore the present Court decrees that they, or rather the Well-born
Orzechowski, shall pay for such perpetrations on their part a Quadruple
Captain’s Fine to the Pursuer before the officers of the Castle at Lublin
within four weeks, and the same amount, but at this instant, to the
present Court. None the less it directs that the Well-born Orzechowski
shall remove his establishment (familia) of either sex within two
weeks from the Jews of Belzyce and allow no Catholic person to serve them;
and, finally, that when the Very Reverend Curate of Belzyce marches with
the sacred (emblems) to visit the sick, or in procession, he shall remove
the said Jews and compel them to withdraw, and to refrain from witnessing
such spectacles, and stringently prohibit all preparations whatsoever on
Feast days before the ninth hour failing compliance with the premises, the
Well-horn Orzechowski shall be liable to perpetual Banishment, the Jews to
Ban, which penalties for contravention by the parties cited are hereby
decreed, a peremptory term for the publication thereof being fixed by the
present Court for the next session of the Court of the Castle at Lublin
for the settlement of suits; for the present they shall pay fines of 14
marks Polish to the Pursuer, and the same sum to the present Court, the
former fine to be doubled in event of failure to pay, the latter to be
paid at this instant, subject to penalty of Banishment.
Corrected by Lugowski.
Francis Stoinski, Territorial
Judge at Lublin. (Locus sigilli.)
The Very Reverend and Illustrious Lipski,
President.
The Most Illustrious and Excellent Pieniazek, Palatine of Siradz, Marshal. |