CEU eTD Collection Evidence of theRus’ palatinate, 15 in theLateMedieval Kingdom of Poland: Enmity, Dispute, and Noble Community In partial fulfilment of requirements of the fulfilment In partial for the degree of ofPhilosophy for thedegreeof Doctor Supervisor: Professor Janos M.Bak Department of Medieval Studies Central European University European Central 16 Budapest, Hungary Yuriy Zazulyak th Submitted to Submitted centuries 2008 By 0 th -beginning of CEU eTD Collection related to my related to work. Hyams, discusshad with whom to various opportunities I questions problems and Klaniczay, Gerhardlike thankGabor also to Iwouldbeen completed. hasnever this work assistance Jaritz, Joskafor correcting and improving myAcademic English Withoutwriting. hergenerous Laszlovszky,were vital inIowespecial my all stages of Judith debts of work. to gratitude Rasson Thomas criticism stimulating and Wünsch, commentaries, insightful support, continual His supervisor. Piotr Górecki,my Janos M.to Professor Bak, myspecial express acknowledgment and deep Paul essential support during the timewrite my to ittook Abovethesis. all, Iwouldlike to allIt givesindebtedness acknowledge mea my whooffered to pleasure to great those ACKNOWLEDGEMENT 1 CEU eTD Collection 6. 5. 4. 3 2. 1. Introduction 4 6.1 Noble enmity andviolence: People and patterns 175 5.9 5.8 5.7 5.6 5.5 5.4 5.3 5.2 5.1 Royal captains and the administration of justice 143 4.10 4.9 4.8 4.7 4.6 4.5 4.4 4.3 4.2 4.1 The legal process andlitigation 62 Statute law and criminal justice in the Late Medieval Kingdom of Poland 50 Galicia andits Nobility in the Later Middle Ages 41 in the Late Medieval Kingdom of Poland 23 effecti nobilibus fures Ex bonis Pledges of peace andintensity of inimical relationships 176 Extension and abuses of captains’ authority 167 Captains’ personal attendance of courtsessions 165 Instruments of conflict regulation: Surety 162 Instruments of conflict regulation: Pledges of peace 156 terrestre Iudicium Emergence of the office of captain in Galician Rus’ 150 The captains’ competence andits legislative regulation 145 Captains and the royal donation policy in the fifteenth century 144 Captains and the system of governance in the governance of system the and Captains Ego huicinscripcione noncredo, …ipsescriberequod voluit: potuit, Super talire dubiapericulosum est iuramentum Attorneys 106 Delays 82 andlocal justice in the 1420s-1430s. 152 Late Medieval Kingdom of Poland 143 Writing and dispute 129 in the disputing process 115 Court sentence andits execution 109 Knowledge lawof and the practice of interrogation 89 Appeals and transfer of cases 83 Pleading the case, petitioning and the courtdebate 76 Bailiffs 68 Summons and beginning of the litigation 62 in Captains,Sanok: nobility Table of contents of Table : Noble violence andits representation 2 : The uses of oath-taking CEU eTD Collection Bibliography 280 Conclusions 276 9. 8. 7. 9.5 9.4 9.3 9.2 9.1 Peacemaking and private arbitration 243 Noble violence and plebeian voices 216 Public threats and uses of emotions in noble enmities 207 6.9 6.8 6.7 6.6 6.5 6.4 6.3 6.2 Peacemaking and the dynamics of enmity 271 Labour of arbitration 257 Arbitration andlocal powerholders 254 Peacemaking and ties of solidarity: The case of the Kor Arbitration and official courts 244 Enmity and slanderin court 200 Enmity andits legal implications 198 The limits ofnoble violence 197 Toleration of crime and ambiguities of noble honor 195 Toleration ofnoble violence 190 George Strumiloand his enmities 185 Diversity of experience: winners andlosers of noble enmities 182 Enmity and neighborhood 179 3 þ aks’ arbitrations 248 CEU eTD Collection Renaissance Italy “…vendettathat and feud were part of the aristocratic faction-fighting that flourished in the Chicago Press, 1990),185-6. Similarly, TrevorDean hasrecently contended inhisstudy of vendettain I. Miller, 1 egalitarian anddiscourse the feuding culture of nobilitythe of Polish kingdom. between possible connections trace it opportunity to provides an factthat by justified the corresponded nobleimportance of of institutions self-governance whetherthe of growth rapid atall the the and how examine to interesting beparticularly will it view, of point this withFrom established. the very practicewas during that that political period the predominance of Polishthe nobility was which is bestknownfromthe sources the medievalof late the Kingdom of Poland. Second, it of dispute social First, ison which thenobilitygroup study concentrated. socialthe layer the constituted settlement. local local the regulation interacted with and of conflict practice customs. influenced texts The legislative of body growing this how clarify to interesting choice be will It century. sixteenth early and fifteenth late in the privileges and statutes legal ofof a number of emergence period forinitiatives Legislativeinstrument regulating by noblecrime dispute. were crowned and the can be also law fifteenth when establisheditself gradually century statute asthemain was atime the is that point important Another justice. of exercise the of conditions worsening the analyze of local repercussions level atthe weresettled disputes this crisis under and how to the social many affected aspects of life, social the andmanifested itself,first of in all, a weakening of orderwhich monarchy, Polish for the with a crisis started period This century. sixteenth early and system of justice.network, power relations, statute law, mental attitudes and so on. Therefore aspects of social including reality, structures of governance justice, and the social and family of intersection different of them as points interpreting social phenomena, ascomplex conflict it is importantinterpersonal relationships. The main aim of the investigation is toapproach noble enmity and in justice of balance ashaken andrestore wrongs redress to major ways as two litigation to exploremember’s of noblethe Inmy estate. nobleapproach to enmity I will view violence and the possible and of inshaping and premise identity ethos the enmity that playeddispute key roles intendinvestigateI nobles’ to and enmity in dispute latemedievalwith the Poland. Istart The correlation between the wide spread of feuding and an egalitarian ethos of societies is stressed by by William stressed is societies of ethos anegalitarian and of feuding spread wide the between correlation The The time limits of the research are closely connected with the choice of nobility as a as nobility of choice the with connected closely are research the of limits time The Chronologically covers work this periodthe from middle of the fifteenth the the to Bloodtaking and Peacemaking: Feud, Law, andSociety in Saga Iceland Introduction 4 (Chicago: The University of 1 CEU eTD Collection po 4 175. 3 Studies in Society and History 2 John Bossy (Cambridge: Cambridge University Press, 1983), 9-10. of a central government has been highlighted by some anthropologists. See Simon Roberts, “The Study of Study “The Roberts, Simon Dispute: See Anthropological Perspective,” anthropologists. in by some highlighted been has government central a of absence the and settlement dispute the in to violence given preference, the between interrelation The 21. (1997), and involved public penance in of settlementenmities.the peacemaking as well as law, Polish in medieval punishment and crime of regulation legal the different aspects of to devoted of timeperiod that appearedduring works century. Numerous of research in historiography Polish nineteenth andthe of partof the first twentieth the subjects central the justice of wereone of andadministration violence, dispute, of Questions Problem ofdispute and violence inhistoriography Commonwealth. Polish-Lithuanian of parts the from other and differed Palatinate suggests that this situationshe was strongly century, influenced seventeenth the of half by the frontier first the location during nobility of the Rus’Ruthenian among observed violence interpersonal of level high the Emphasizing Poland. Modern in Early violence pointof view hasbeen by recently advanced Maria in Bogucka her analysis of crime and resolutionconflict among the Rutheniannobility than in parts other of kingdom.the This kingdoms. justice parts and of other the institutions tomaintain exercise comparedcentral with order Some Polish states. modern scholars late medieval early and the of on the periphery situated exactlysocieties the on concentrated also assumerecent medievalhistorical studieson modern violenceand early have andsocial order that beKingdom can in violence taken Someinterpersonal violence. as studying a considerable advantage played Palatinate. Rus’ the as a known generally morebecame Rus’ Galician 1430s, in the crucial system judicial and administrative Polish the of introduction the after Poland; role in During the second half fourteenth the of century they were broughtinto the Kingdom of republicancities.” See, his “Marriage and Mutilation: Vendetta inLate Medieval Italy,” Haly the to belonged Galicia of lands the century fourteenth the of middle the to Up Poland. of part south-eastern present-day and the of Ukraine the part western constitutes Rus’. territory This See, forexample Przemys Maria Bogucka, “Law and Crime in Poland in Early Modern Times,” Modern inEarly inPoland Crime and “Law Bogucka, Maria Article,” Review A Italy. Renaissance in Vengeance and “Factions Smail, Lord Daniel See: á owie wieku XVI þ -Volynian -Volynian were ruledbyone Principality, and branchesof the of Rurikidthe dynasty. The peripheral position of the Rus’ Palatinate on the eastern border of the Polish In spatial terms, the study will focus on one region of the Polish Crown: Galician 2 They emphasize that the borderland situation limited the opportunities for the limited opportunities situation the borderland thatthe They emphasize (Vengeance, retribution and humiliationGalician in Rus’ inthefifteenth and first half of the á aw D 38, 4 no (1996), 784. ą bkowski, Disputeand Settlement: Law and Humanin relations the West Zemsta, okup i pokora na Rusi Halickiej w wieku XV i w pierwszej 5 4 These issues were studied mainly Acta Poloniae Historica Past andPresent 71(1995):161- 3 Comparative 157 , ed. CEU eTD Collection Nilotic People 7 6 Historian as a Source of Law: Abbot Peter of Henryków and the Invocation of Norms in Medieval Poland, c. Poland, Medieval in 1200-1270,” of Norms Invocation the and Henryków of Peter Abbot of Law: Source a as Historian Prevention in Medieval Poland, c. 1200,” studies of PiotrGórecki. See, forexample his “Ad Controversiam Reprimandam: Family Groups and Dispute Poland may offernew interesting insights in mechanisms of medieval dispute settlement is demonstrated by 5 to old Polish law) (Warsaw, 1884). Pawinski, polskim XIV i XV w.(Criminallaw the Statutes of in the Great) (Warsaw,Casimir Stanislaw 1909); Kutrzeba, Handelsman, Marceli 1898); (L’viv, centuries) sixteenth societies. stateless in traditional, social order published in1955 Gluckman outthepointed complex dynamics social between and conflict article and stimulating Max a pioneering In Gluckman. back to go approach” “processual likethe or feud casemethod”, “extended “peaceinfeud,”the thinking about anddispute, historians’ inspired that concepts influential highly of number A Gluckman. Max scholar historical interpretations offeud at anddisputethanworks tolook of prominentthe British interdisciplinary in trends history the writing of 1970s the through 1990s. the dispute settlement, violence and medieval of analysis tothe asapplied andconcepts, categories Anthropological have becomeinfluence on onehow medievalists camea strong of to interpret exerted andthe Comaroff understandJean and Roberts theirSimon most own objects Gluckman, Max of study. Evans-Pritchard, evident and fruitfulperiod, The outstanding by ofthatrepresented E. of achievements anthropological E. works manifestations ininto problems these 1970s. 1940sthrough the the conducted anthropological researches of the medieval historiansin interested problems of feud and was dispute intensivethe agenda of these studies. The first, and so far the most important, source of inspiration for traditions havehadcrucial influencebackgroundshaping theoreticalthe on and research main decades. Two in scholarly scholarship in recent Western have dispute witnessed area neglected of rather Polish historiography. research in present-day a remain still violence of role social the and settlement dispute medieval of aspects various investigations is Ingeneral, studies. of social bypresent that perspective offered and cultural from pointthe of view oflegal and institutional history and they frequently lack the wider andfromfar being enmity, a force in purely destructive social relationships, played an E. Evans-Pritchard’sfamous Nuertribe, the investigation of E. SeeE Evans-Pritchard, E. Max Gluckman, “The Peace in the Feud,” the in Peace “The Gluckman, Max How an exploaration of rich and diverse evidence coming from territories once related to the Kingdom of Kingdom the to related once territories from coming evidence diverse and ofrich exploaration an How There is probably no better way to appreciate the impact of anthropological studies on withThis situation contrasts expansion a spectacular historical that feud studies and of O pojednaniu w zabójstwiewed Law and History Review (Oxford: Clarendon, 1947). (Homicide Polishin law inthe fourteenth and fifteenthcenturies) (Cracow, 1907); Adolf The Nuer,a Description of the Modesof Livelihood andPolitical Institutions ofa vol. 18, vol. no. 3 (Autumn 2000): 479-523. Law and HistoryReview á ug dawnego prawa polskiego Past andPresent 6 Dwellinglargely on empiricalthe of evidence 6 Prawow karne Statutach Kazimierza Wielkiego 8 (1955): 1-14. vol.2 (Autumn1996):14, no. 213-43 “A and (The arbitration of homicide according of homicide arbitration (The 7 Gluckman showed that feud that showed Gluckman 5 0ĊĪ obójstwo w prawie CEU eTD Collection blood feuds. ofmedieval in feature participation avenging groups as afundamental wrongs of whole kin issuetook with previousthe historiography (includingW. F. Maitland) emphasized that the Gluckman way this In enemies. between relationships reconcile and kinsmen wronged their blood relatives. Instead, many people on both sides tried to pacify the senses of vengeance for participate not in avenging of all to memberstheir the wrongs groups, werewilling their kin inimical between because andinterdependencies ofvariouslinks Hestressed that context. African he inan analyzed those similarto feud as medieval early of practice on the limitations the show to meant Gluckman doing, so In feud. blood Anglo-Saxon the about observations make some to endeavors Gluckman approach, anthropological apotential of illustrate of of feud settlement dispute and for historians open of medieval Europe. pointanthropologists newout the to research thatanthropological investigations possibilities futurethe ofhistorical studies feud. of was Gluckman probably firstamong the societies. traditional in relations social understanding for contributions these social mechanisms of dispute settlement was one of the mostimportant anthropological investigation Gluckman,of and discovery to and According the between conflict cooperation. social wasmaintainedorder in a state of constantequilibrium between peace feud,and moral andritualsworked conduct, thatfeudsto control andsettle disputes.In way this the of codes customs, body unwritten of an create elaborate to managed such societies structures, governmental of weakness or lack the Despite societies. African in traditional settlement pressure on rivals restrict by use the violenceas amongsupporters of theirincommunal exerting conflicts to compromise. Gluckman also stresses another crucial aspect of dispute feud was still apparently the main instrument for redress of injury.” of redress for 10 instrument main the apparently still was feud 9 7. seeIbid., them,” we marry enemies; our are “They proverb: 8 another.” on enemies are basis, one on friends of as people, changingandnetworks constantly are alliances,social “sothat overlapping who structured societies were –such social organization of tribal specific features to possible due main thesis holds quick thatthe renewal ofsocial peace after endthe of destructive feuds was in roleimportant andenhancingsocial re-establishing social Gluckman’s cohesion. order Ibid., 2, “I Ibid., believewould 2, beprofitable it to apply these analyses periods to those ofEuropean history when the African famous the quotes Gluckman article his in place another In 2. Feud,” the in Peace “The Gluckman, M. Ibid., 13. In his article Gluckman In his madearemark Gluckman also article for whichappearstohavebeen prophetic 10 7 8 These multiple ties between enemies as well 9 Furthermore, to Furthermore, CEU eTD Collection 13 Cambridge University Press, 1983), 1-24 ed., Bossy John in Perspective,” (Chicago: University of SimonChicago Press, 1981); Roberts, “The Study of Dispute: Anthropological Robert, Simon and Comaroff L. 12 Medieval Europe. Changing Perspective on Society and Culture Conflict Studies United inthe States, 1970-2000,”Warren inC. Brown Piotrand Górecki eds., and Conflict applicability. ofnegotiationprocess the meaningabout and essenceof normssocial and their in elements incessant the appear assignificant and conflict dispute from this perspective, conductof mode permissible and to accepted an were they negotiate interaction; social of elements inevitable and resolveAccording toprocessually thinking anthropologists, dispute andfeud werenormal and contradictions andmust inevitably erased. andfeudas“social viewcorrected that be pathology” of dispute in social relations primarilyThis wasregarded rule-governed behavior.by attemptedtodo as reassessing of the between action, social “normal” of category the to re-consider people.attempt wasan conflict of communal Viewed for study the implication such anapproach of important The game wasplayed.” the “how but understanditis to statement he importantnot only rules saidthat game, disputing the of the nobody essence of grasped the this new approach better famousthan In a Gluckman. possibility manipulating misunderstanding theminof and thecontext of Perhaps dispute. in the norms, ambiguity of havedegree wasacertain argued, andRoberts J.Comaroff of process What neglected dispute. wasusually by likeS. scholarship,previous scholars strategies premise processualof the is approach an emphasis individualon behavior,the choices, and of disputants,these norms by people, involved of in the process of interaction. understandings and As a result, a central interpretations conceptual subjective of corollary a as but behavior, life daily their rathersocial than order noton as bodythe of abstractrules, rules and normsnorms to which and social institutionsactors must comply in that framed the of RenaissanceItaly dispute, consult Thomas Kuehn,“Introduction,” in his University Press,2003),303-4. Forgeneral a historians’ appreciationof a processualapproachin studying Comaroff. developedin works of such anthropologists as Sally Falk Moore, Simon Roberts and John comments by Chris Wickham, 11 approach”inconflicts. “processual communal studying For these observations, see Simon Roberts, “The Study of Dispute,” esp. 4, 11. SimonRoberts, On the theoretical contribution of Max Gluckman to the development of a processual paradigm, see recent paradigm, processual of a development the to Gluckman of Max contribution theoretical the On Max Gluckman can be also considered the first major advocate of the so-called 12 , esp. 5,303-12;, WarrenBrown Piotr and Górecki,“What Conflict Means: MakingThe of Medieval Anthropologists working within a processual approach insisted on insisted on understanding approach Anthropologists within aprocessual working 13 OrderDispute: and AnIntroduction toLegalAnthropology .(Chicago London:and University of Chicago 2-3,Press, 1991), 11;Chris Wickham, Courts andConflict inTwelfth-Century Tuscany Dispute andSettlement: Law and Humanrelations in theWest Rules and Processes: The CulturalLogicof Dispute an in African Context Law,Family and Women.Toward aLegal Anthropology 8 (Adlershot: Ashgate, 2003), 6-10. 11 This approach has been then further then been has approach This (Oxford: Calrendon, 1979); John (Oxford and New OxfordYork: (Cambridge: Conflict in Courts CEU eTD Collection 1050-1200,” inhis 17 195-263. 16 century.” mid-thirteenth the before at least Languedoc, lower prevalent that it is impossible to reconstruct any objective rules of decisionon the basis of arbitral judgments in 15 1994), 124-160. 14 individual identities were defined, transformed, andre-confirmed in course of dispute. the the relations. Hehas examined how the social boundaries as of wellgroups collectiveas and southern France,andconflict dispute. Geary has endeavored of notimplications butonwider onthelegal aspects, social concentrate to innovative article to investigatemethodologically in has his Geary sought White, and Patrick F. Cheyette S. research of the impact the conflict eleventh-century. in the France in western had on peacemaking of social practice in the rules and norms legal of applicability limited the demonstrated value andprinciplesettlement. dispute underlying rules is,and Equity, norms. that the idea “givingof everyone something”wasthe dominant legal impersonal abstract, of body a by determined not were decisions their and jurisdictions,” of peacemaking on which of settlementdisputes reliedcourts “were not with established were majormeans of conflict resolution. F. Cheyette madeviolence an importantand point that institutionscompromise, arbitration, private century mid-thirteenth the Before settlement. for dispute normsapplied wererarely legal authoritative thirteenth the century, objective in France. southern of thirteen-century the paradigm. of andcase forprocessual testingmethods premises aperfect theoretical represented century twelfth the to tenth from the period the from this perspective, violence. Viewed feuds and and kingship,widespreadof private the strong lawand absence of aunified justice, of institutions the of public deterioration of the recognized asaperiod generally is medieval France of history in time the This century. twelfth the to from tenth the period medieval dispute, law, and order. Most of these works focused on medieval France during the of interpretations newproposed innovative in 1980s, and the 1970s processual the paradigm Patrick influenceof written White, the under Cheyette, Studies Stephen byFredric Geary, and Patrick Geary, “Living withConflicts inStateless France: A Typology of Conflict Management Mechanisms, StephenD. White, “Feuding andPeace-Making inthe Touraine around theYear1100,” so indeed was something everyone giving of practice “The 293: tribuere,” suum “Cuique Cheyette, F. Fredric L. Cheyette, “Cuique suumtribuere,” “Cuique L.Cheyette, Fredric Fredric Cheyette has analyzed changes in the forms of dispute settlement in settlement course the of forms has changesindispute analyzed the Fredric Cheyette from 1970s. the starting research historical dominate to came paradigm The processual By considering this aspect of by highlighted medieval sowell of By considering settlement, dispute the thisaspect Living withDead the inthe Middle Ages, 17 In his close reading of one particular case from the region Chorges in region Chorges the casefrom particular of Inhisone reading close French Historical Studies 16 14 His main conclusion is that before the middle of middle the before isthat conclusion main His 9 15 (New York and Ithaca: Cornell University Press, University Cornell Ithaca: and York (New In similar fashion Stephen White has White Stephen fashion similar In , vol.6, no. 3(1970): 287-99. Traditio 42 (1986): CEU eTD Collection 18 insightsinto African feud and he openly recognized influence.this achievements. to analyzeattempt medieval accountintoevidence anthropological recentfeud bytakingof on Frankishthe feud, blood in published 1959.Itwas probably a historian’s first explicit relied in their own studies. In this regard it is worth mentioning J. M. Wallace-Hadrill’s article explicitly historians on which concept anthropological feudfirst was the of interpretation Gluckman’s management. role the about inmedieval of feudand conflict violence some implicityet fundamental structures and values of society,like power, status, and honor. articulate conflictshow wereableto to made relates Geary observation highly interesting involved Anotherof inits between structure relationships pursuitpeople and settlement. changednew a establish In this way social ties. conflict helped and newalliances the to it others for as cohesion, social asamechanism of it operated people of groups for some Geary also showed that by its social implications the conflict worked in different directions – Memory of David Herlihy Samuel K. Cohn, Jr., andStevenA. eds.,Epstein 21 20 123, footnote 1. 19 reprinted inhis White, a feud was not only a key instrument of political strategizing, but also represented a alsobut represented of strategizing, political notonly feud was a keyinstrument White, a amongAccordingfor Merovingiansof power to context the themselves. competition the Burgundian relatives to avenge old wrongs of theirmother, Clotild, was related with the wider He has the demonstrated that bloodby feudinitiated sonsof three Clovis their against context of one well known case of blood feud between Merovingian and Burgundian kings. relationships. In ofhisstudiesone latest Stephan White meanings the re-considered and enmity of current andmorethe issues disputetargetingfundamental deeper of or their use thefeudingobeyond to to context analyzing howpeople attempted immediate order the in interested especially became historians some example, For of research. progress further the blood and propinquity will always make for settlement.” elaboration and interdependence of may kin-groups ensure a ofimmobility.kind Common mere the where Gluckman, Professor by context another in envisaged situation the near somewhere we arrive “So thesis: line of Gluckman’s a followed explicitly It feud settlement. influence it is enough to look at Wallace-Hadrill’s explanation of the social forces that led to See J. M. Wallace-Hadrill, “The Bloodfeud of the Franks,” the of Bloodfeud “The Wallace-Hadrill, M. J. See StephenD. White, “Clotild’s Revenge: Politics, Kinship, and Ideology the in MerovingianBlood Feud,” in J. M. Wallace-Hadrill, “The Bloodfeud,”125-26. Bloodfeud,” “The see his, Walllace-Hadrill, M. J. by influence of Gluckman’s recognition explicit the For A more medieval nuanced feudhistoriansamong understanding of hasemerged with These studies andother havemany alsoofferedinsights new and new posed questions TheLong-Haired Kings 18 Wallace-Hadrill’s analysis was strongly inspired by Gluckman’s ideas and ideas Gluckman’s by inspired strongly was analysis Wallace-Hadrill’s (Ann Arbor: University of Press,Michigan 1996), 107-130. (Toronto: University of Toronto Press, 1982), 121-147. 1982), Press, ofToronto University (Toronto: Portraits ofMedieval andRenaissance Living. Essays in 10 Bulletin of the John Rylands Library 20 19 To illustrate this illustrate To 41(1959); 21 CEU eTD Collection Comparative Approach,” (1998),6; BarbaraH. Rosenwein, Thomas HeadFarmer, Sharon and “Monks and Enemies:Their A Court: Gossip and Litigation in aSuffolk Village at the Close of the thirteenthCentury,” Revolution,’” 215; Trevor“MarriageDean, and Mutilation,” 5;Philipp R.Schofield, “Peasants Manorand settlements. See Patrick Geary, “Living with Conflicts,” 137, 139, 159; Stephen D. White, “Debate.is aconflict, The ‘Feudal in which the preference was usually givento provisional compromises rather than to final relations, with active and dormant stages continually alternating each other. Viewed from this perspective, feud 25 West ed., Guy Halsall in Politics,” and Warfare, Feud, Normandy: Century Twelfth- in “Violence Bennet, Matthew in Ages, Middle early ofthe period the for historians by proposed R. Hyams,R. explicitly articulated by Patrick Geary, who stressed that “…an by stressed thatmeans explicitly articulated Geary,of the who understanding Patrick for example, was, perspective of changeresearch significant This andtensions. conflicts for investigation history the of community importance of social of approaches and cultural the recognize the to havecome historians feud Asaconsequence, and dispute. analysisfor of the sufficient not are history institutional and legal traditional of methods that realization growing single out a common set of characteristics intrinsic to medieval violence andfeud. medieval violence to intrinsic acommon set of single characteristics out it to feudseems made difference of between violence, the types andother communal possible termsfeud. of in ofviolence conceptualize use not the do themselves in sources many casesthe that second, hostility betweenlongstanding by cannot groups alwaysbetwo sources, and supported first,that, theexistence of historians usually call asastate thefeudandof what define management asfeud. They prefer to speak of a variety of forms and types of violence, arguing scholarsavoid even try to describingof using violenceinmedievalcases conflict all “customary violence” to emphasize difference between feud and more mundane forms of violent actions. of violent forms 24 mundane more feud and between difference emphasize to violence” “customary (Rochester, NY, 1998). In hisintroductionto the volume G. Halsall makes anattempt to introduce the term violenceof in early role medieval social the on societies:of articles Guy Halsall ed.,collection recent the consult can one feud of concept ofthe critics the For 181-82. Miller, I. William see in process…,” as process disputing the of consciousness fact, William Miller noted that: “The sense from the terminology, however, is not that there was no native 23 medievalfeud. Bloodtaking and Peacemaking Medieval England 22 define. to difficult find sometimes historians present-day which concept elusive manipulate meanings feud the of andkinshiptotheir advantage. interpretis,in andemphasis agency, enmity to involved the that ability on people of was andacted out White’s understood. interpretation importantwas foralso putting an kinship and politics medieval early the which within schema, cultural flexible yet coherent Forexample, historians oftentend to emphasize that anenmity orfeud meant anenduring state of hostile For the most inclusive definitions of feud, see William I. Miller, this on comments In his feud. the for terms proper no had Iceland medieval as societies “feuding” such Even On the “conceptual crisis” in providing definitions of feud,see Paul R. Hyams, , 127-29. One of the most important methodological consequences of these studies was the It must be noted that the feud as a cross-cultural phenomenon turns out to be a rather a be to out turns phenomenon cross-cultural a as feud the that noted be must It Rancor andReconciliationRancor 23 (Ithaca, NY: Cornell University Press,2003), 6.Consider,also William I. Millerin Yet historians have not given Yethistorians havenot up seeking aworking for definition. Speculum , 179-80,, where the author discusses problems, connected with defining the vol. 66, no. 4(1991),764. , 8-9. One , 8-9.One findcan overview adetailed ofvarious definitions of feud, 11 ViolenceSociety and intheEarly Medieval West Bloodtaking andPeacemaking Violenceand Society in the Early Medieval Bloodtaking andPeacemaking Rancor and Reconciliation in Past andPresent 25 , 179-81;Paul 24 22 For all Some 159 , CEU eTD Collection of anof Emotion inthe Middle Ages 34 277-312. 33 Word, 1000-1200 32 Icelandic feud, inWilliam I, Miller, 31 dispute. 30 dispute; topics andproblems and violence; asgender mentionpresent-day feud, is investigationsstudies itof enough and dispute such varied to on of the diversity methodological and thematic of the examples with continue To decades. evolutionary biology Axelrod). (Robert social anthropology (Max Gluckman), of as well achievements asthe to to the findingsrefers Hyams Paul of game theory England, andmedieval in feud of model explanatory 29 28 27 26 Bourdieu’s of theory impact of practice. example of another the represents feud. of Merovingian context rule” inhis emphasis onambiguities of normative expectations and prescriptions in the “fallacies White onthePierre Bourdieu’sStephen hasexplicitly about of the thesis relied Maussin of concepts. recognize thelegacyof these Marcel usage the It is possible to exchange.” and reciprocity “symbolic of model the and gift” “negative of notion the on draws Miller William society Icelandic medieval in early feud of pursuit the governing principles the explain To statement. this illustrate to enough be will examples A few become. has feud and medievaldispute of a researcher of equipment themethodological andsophisticated feudandmedieval last Duringdecades the two it dispute. has become how visible just rich methodologicalnew for search historians’ of example single but significant highly a represents insightscultural history.” in theirtraditionallyinstitutional conceived history; itand legal ofthesocial method the demands and attempt by washandledinbeconflictwhich Feudal achieved methods the France cannot through of to interpret and to explain the phenomenon of For an example one can consult a recent collection on medieval senses of anger: of senses on medieval collection arecent consult can one example an For See, forinstance, a special chapterChris Wickham devotes to rituals and disputing in his, See, for example Adam J. Kosto, See, for example, a good See, a forexample, itsgender analysisritual of ofthe implications and goading inthe early medieval Paul R. Hyams, Chris Wickham, Chris Stephen D. White, “Clotild’s Revenge,” 114. William I. Miller 127. France,” inStateless Conflicts with “Living Geary, SeePatrick All this gives us an idea of how diversified the field of the research has become in last become has research the of field the diversified how of idea an us gives this All In this regard, legalfor In bidprocessual approaches, its regard, with anthropology, strong this 34 32 ritual ritual ofdisputing process; dimensions (Cambridge, NY: Cambridge University Press, 2001), esp. 268-94. Rancor and Reconciliation Courts and Conflict Bloodtaking and Peacemaking 26 , ed. Barbara H. Rosenwein (Ithaca: Cornell University Press, 1998). 28 Bloodtaking and Peacemaking Making Agreements in Medieval Catalonia. Power, Order,andthe Written Chris Wickham’s study of conflict in twelfth-century Tuscany in twelfth-century conflict of study Wickham’s Chris , e. g. 8. , 16-18. 30 , e.g. 182, 184 12 31 33 literacy, uses of written documents and and display of emotions in the context of , 212-13. Anger’s Past: the Social Uses Courts andConflict 29 In his In 27 , CEU eTD Collection paradigm, I would not wish to abandon rules altogether.” rules abandon to wish not I would paradigm, norms and importance of rules. the to conceded have Wickham, Chris like research, their in approaches processual the favor who historians established concepts of feud that had dominated legal history in the nineteenth offeud legalin history and early that haddominated the nineteenth established concepts Verfassunggeschichte seminalBrunner, book of Otto in published 1939. Beingitself a of product German traditional back be tothe can traced its processual tradition challengereduced tothe paradigm. This visions medieval hasits of andfeud dispute historiographic not be which own tradition,can permeated individual the and subjectiveof thinking disputants. rules normative and institutional how emphasize to tended have scholars these studies highlyand legal sophisticated system Florence(Renaissance England). and Intheir Angevin Paul Hyams who choosebehaviorin dispute. to explore dispute legalshaping their of and disputants, actions choice determinedstrategic of the consciousness and feud in European ideaUnderlying lawis autonomy the thisapproach legalnorms and the of of that the societies system. legal the of complexities the and courts of logic institutional with the examine to also a complex in but not settlement, actionsactors onlyinvestigate of dispute toandperceptions important become has model. It atwo-tiered be can called of what importance the of awareness growing inthe evaluation formal ina law process resulted of role disputing legalprocedures the of and brought amajor challenge tosome of the theoretical premises of the processual paradigm. Re- 37 mechanisms of disputing and settling disputes, ranging from fairly formal arbitration to violence.” apparatus of law complex couldand serve the interests ofsophisticated litigants very the and to much, how see or how law functioned how, in acontext understand to with been otherhas My desire be denied. cannot Women 36 in States,” United in the Studies Conflict of Medieval Future and Present the On Leads: Conflict “Where Górecki, Piotr and Brown C. Warren 35 conducted medieval dispute Researchinto settlement. offormal theimportance and law of in demonstrated rules procedures of process the dispute convincingly have Bisson Thomas and Reynolds, Susan Kirschner, Julius as history and institutional history. Works of such distinguished practitioners oflegal and institutional legal from as sub-disciplines contributions such traditional prevent an of appreciation recent history, sovisible in recent historical research onmedieval feud and dispute,should not See Ch. Wickham, SeeCh. Forthis, one canfind anexplicit statement by Thomas Kuehn, “Introduction,” in his by remarks see recent conflict, medieval studying in approaches processual and normative the of balance a For , 11:“The status of law as atheoretical object andas a historical institutional nexus inRenaissance Italy In fact, the role of legal and institutional history of history in the profoundIn fact,the role re-consideration legal andinstitutional of The clear pre-dominancemethods from of anthropology and cultural and social Courts and Conflict 35 , Brunner’s book represented at the same time a radical break with break represented sametimethe atthe with aradical book , Brunner’s Thisinis approach works evident of scholars likeThomas Kuehn or Conflict in Medieval Europe , 305: “While emphasizing the overall superiority of the processual ofthe superiority overall the emphasizing “While , 305: 13 37 , esp. 273-74. sub specie 36 It is also noteworthy that law and institutions has Law, Family,and CEU eTD Collection 40 (Cambridge:Cambridge University Press, 1994), 4-9. Hillay Zmora, Thorbecke, 1982),469-88. Foran overview criticismand of Brunner’s conceptionof feud, onecan also consult: Schwineköper zuseinem siebzigsten Geburtstag See Werner Rösener, “Zur Problematik des spätmittelalterlichen Raubrittertums,” the illegal practice of noble pillage and assault that was widespread in late medieval Germany ( 39 by Howard Kaminsky Jamesand vanHorn Melton (Philadelphia: University of Pennsylvania Press, 1992). 38 and anarchy as enmity, and disorder.feud like state, modern of notion the fit not do that phenomena social Kaminskyto Kaminsky, has this resulted in highly anachronistic andirrelevantinterpretations of all hasthe modern state and to focus primarily of on the medieval originrightly development of thethe modernin line state. According evolutionary an on polity medieval the locate to attempts against roted and appropriate for and terms modernapplying civic state society.Hehas concepts argued that Max histurned mostly criticism tendency the against explainWeber’sto medieval by polity and feud some anachronisticidea statist of interpretationscriticism trenchant of thein Kaminsky’s medieval role of important state an and played feud order. of Kaminskythe understanding This has state as the mainexclusive constitutional principle on which the idea of medieval social order was based. anotherhighlighted crucial pointof is,Brunner’s conception, feud theunderstanding that of seen as an institution endowed with a sense of legitimacy in its own terms. Kaminsky has also medieval Brunner, that feud and to Brunner’s ideas.Similar can stresses enmity be Kaminsky medieval feud. on article recent Kaminsky’s in Howard visible clearly is example, for influence, Brunner’s medieval meanings, scale in society. andthe violence of about purposes, historical debates different from those of the modern world. rolethe thefeud played inshaping legal them, basedon and mental premises completely Brunner’s interpretation of concernscontribution his understandingsignificant most the of medievalPerhaps socialviolence. order medieval of and polity phenomenon the andof andinterpretations power influence social inmedieval presentsociety continues to relations twentieth century. criticized and rethought in the last in decades. the criticized andrethought medievalfor political Many and social order. of aspects Brunner’s have conceptions been based on claims justiceto and law. Brunner saw the legitimacy of feuding as a crucial element Brunnerconsidering proposed as legitimate themedievalfeudfor instrument a settling feuds Howard Kaminsky, “The Noble Feud in the Later Middle Ages,” For,instance, critics have pointed out the impossibility of differentiating betweena rightful claim forfeud and Otto Brunner, This is a point were Brunner’s ideas about medieval feud intersect with the current the with intersectmedieval feud ideasabout were Brunner’s This isapoint State andState Nobilityin EarlyModern Germany: TheKnightlyFeud inFranconia, 1440-1567 Land and Lordship: Structures of Governance inMedieval Austria, 40 Kaminsky has approached the late medieval Kaminsky feud extensively hasapproachedthelate on relying 38 Contrary the viewof traditional to nineteenth-historiography, century , eds. Helmut Maurer und Hans Patze (Sigmarigen: Jan 39 14 Still, hisview feud integral of of asan part Past andPresent translation and introduction 177 (2002): 55-83. Festschrift für Berent für Festschrift Raubrittertum ). . CEU eTD Collection 43 Anglia 1422-1442 definingin medieval violence expressed by C. Philippa Maddern in studyher 42 of Medieval Conflict Studies Future in and the United Present the States,” On Leads: in Conflict “Where Górecki, Piotr and Brown C. Warren see: comments, valuable “‘Feudal Revolution’: A Debate,” 41 sources. in contemporary of the notion violence the of character problematic the on and social order between Carolingian and post-Carolingian Europe, have built their arguments of governance radicalbreakdowninstructures the Bisson’s about thesis to accept reluctant been have White,like who Stephan Scholars, face value? at evidence such with taking institutions of lordship” Orshoulda newfeudalsociety? one bemoreand political skeptical “oppressive new and regimeof of emergence final breakdown oftheCarolingian order the about the rise violence of in theindicator year1000as decades around of mostthe evident the evidence the take has argued, Bisson asThomas one, and Should tenth century. the eleventh of place inEurope took that social intransformations the violence role played to the respect view points of with manner onetwo candiscern outbyBrunner.pointed a simplified In violence inthedirection category toproblematizeof the attempts of instructive example the thinking about the medieval state in terms of this “developmental paradigm.” how demonstrate andat persistent, is sametimeirrelevant, the French historiography and to violencemonopoly was totheMiddle useof hasthe usedon Ages. Kaminsky alien acaseof With regard to subordinated classes, at whose cost noble feuds and disputes were carried out, werecarried feuds and disputes noble cost whose classes,at subordinated With to regard society. medieval in holders power of view of point the mainly reflect violence medieval of interpretations such noted, recently have Brown Warren and Górecki As Piotr shortcomings. medieval order and means of dispute negotiation implicitlyperiods judged less violent oreven non-violent.” is, however, or societies with regimes, involves comparisons because it manoeuvre historiographical it has its and rhetorical isacomplex own ‘violent’ period or society regime, “Calling aparticular limitations and that, noted White justly Furthermore, violence. medieval of stereotypedrepresentations how multiple meanings relationshipsand complex coulddisputing behiddenbeyond the point White Brunner’s S. explicitly inby to Bisson ideas referred hispolemic with stressing See, Warren C. Brown and Piotr Górecki, “Where Conflict Leads,” 282. Leads,” Conflict “Where Górecki, Piotr and Brown C. Warren See, S.White, “‘Feudal Revolution’: A Debate,” 206. Compare also quite similar thoughton the problems involved T. N. Bisson, T.‘FeudalRevolution’”, “The The recent controversy over the so-called “feudal revolution” thesis provides another provides thesis revolution” “feudal so-called the over controversy recent The As important as the emphasis on viewing medieval violence as the key constituency of constituency key the as violence medieval viewing on emphasis the as important As (Oxford: ClarendonPress, 1992), esp. 7-10. Past and Present Past Past andPresent 152 (1996): 205-223. Foran overview of debatethe and Conflict in Medieval Europe, 15 , No.6-42 Stephen 142 (1994): and D. White, 42 Violence Violence and Social Order. East esp. 281-2. 41 At this 43 CEU eTD Collection means of conflict resolution in noble community. It is medieval out that resolution usually innoble means of pointed community. It conflict land, for in peasants, andresources. local protection the competition imposeprovide lordship and dominance lords, asanoble’s ability to to approaching violence as produce nobles’ the andtheir between capacity possibleto correlations status examine to interesting be also will It honor. and status social nobles’ maintain to means addressed as well. to theuses violence.issues important Through of analysisanumberof other this willbe It attached will meanings, multiple on emphasis with bein enmities involved important noblemen of experience to establish individual various itineraries disputes.and helpmetotrace Suchanapproach andwill court how the uses litigation, of techniques stages, exemplify the to serve will also This of course a conflict. the of violence operatedview in wereinterrelated various andenmities to conflictissuesintegrated andinterests how as a violence as an endemic factor in the life of the nobility. what extent can one regard to central one question: for answering be helpful can analysis answer tothe question of frequency the enmity of and violence among local nobility. Such an give violence.I shall from approach First, a twofoldperspective. Ishall problem the to an try noble the community efforts violencemade to control andsettle disputes. of members and officials royal both which through attorneys) and bailiffs, (court law the of Harvard University Press, 1998). 44 of institutions preventing andsettling Iexamine noble disputes. institutions the and mechanisms (penalties, procedures. Last but not least,investigate I the question of the effectiveness of royal justice in communication inmanipulations the legal of process, andshortcomingoath-taking, of court modes of oral writing and law, between interaction statute the of knowledge asthe problems of lawcriminal andjustice in Medieval Late the Kingdom of Ialsoaddresssuch Poland. overviewof noble Ishallprovide First, basicthe principles of enmities. and ageneral norms context legal the of analysis an with investigation my start I research. my own conducting for The framework offeredby conceptual mentioned above studies the provided the mainbasis study,. last his in Bisson by shown brilliantly been has their experience and perception of medieval violence would bemostly pain and oppression, as T.N.Bisson, This approach will be combined with a more close examination of some cases of noble examination some casesof of be This a morewith close will combined approach In the second part of my dissertation I analyze patterns and social implications of noble In the last part of the thesis focusI on the role of private arbitration as an extra-judicial fideiussoria Tormented Voices: Power,Crisis,and Humanity in Rural Catalonia and vadium , private arbitration) various groups aswell as of people 16 44 (Cambridge, Mass.: CEU eTD Collection public notaries. Copies of charters concerned with the circulation land concernedwith of circulation property or Copiesthe of public notaries. charters courts served asmajor courts courts special significance was the so-called right of eternity ( of eternity right so-called wasthe special significance courts dealt Thelandgovernment. first courts of property all Whatwith relations. gives land the courseof the fifteenthbecame landthe century courts institution of the principal self-noble In century. fourteenth the of half second the in originated courts land The Poland. of Kingdom Medieval in Late disputes settling and justice administering for sites institutional major represented courts castle and Land established. was Polish offices hierarchy of well as the divided into districts ( units, “lands”( called administrative-territorial four of consisted itself palatinate The in L’viv. center administrative of the kingdom.Galician Rus’ and endowed the Galician nobles with rights equal to the nobility of other lands from final1434, sanctioned the introduction of Polishthe legal and administrative system into GalicianissuedJedlno, byKing Wladislas Jagie Rus’ of privilege of consequences institutional yearsof the 1430-1434. The of radical the changes was transformedpalatinate. materialMy is by source records legal principal supplied registers of court the of Rus’ the intoSources the The Rus’ emergence palatinateland of Rus’ the Przemysl palatinate. amicable isanalyzed settlements from dispute example byusingthe single of group kin one withofin the involved nobles of network the of the constitution The its arbiters. of sorts various and maincourt amongties anddisputants variety issocial of theimportance problem I addresshere Another registers channel enforcewhich justiceroyal through tried thelaw to social andsupportthe order. alternativean not was peacemaking isin that point My mediation. of that than adjudication of Galiciaprinciples to the more to arbiters conformed of judgment and the noble courts “official” of structure thethe into integrated closely were officialwas peacemaking of institutions reconciliation, amicable of forms a one courts inso much on consensual was not Though of conflicts. conclusion the centered presented of theway Medieval of in context Kingdom peacemakingprocess of noble the Late Poland disputes the ofbasic disputeI shallin Instead, restoringparties. argue that the justice peacebetween at the andaimed settlement, compensatory of by rules the were governed of peacemaking practice the and institutions but represented an essential In each of the lands, the system of ( castle the system of the lands, the In eachof powiaty ziemie loca credebilia ): L’viv, Halych, Przemysl, and Sanok. These, in turn, were in turn, These, Sanok. and Przemysl, Halych, L’viv, ): ). for local for nobles, thus substituting for the institution of áá o in o and1430, the privilege hisof son Wladislas III 17 grodzkie ) and land ( prawo wieczno ziemskie Ğü i ). The land The ). ) courts as CEU eTD Collection century. free royalon the road) comprisedassault only and a minority rape, murder, of cases, (arson, considered bycrimes castle major courtsof of the first prosecution the half of the fifteenthconcerned and paragraphs four Historyczne grodzkich w grodzkich 46 Constitutiones celebrationis terminorum in partibus Russiae castle courts handledcastle courts amuch rangeof wider than by cases was prescribed legislation. the Aslitigants. aresult, amongvenues popular and attended mostly ofthe one often castle court of various statuses social broughtwho willingly theirfor consideration. cases madethe This people wereopen to Castlesessions. courts werecharacterizedfrequent more bymuch courts castle courts, land to contrast In enmities. noble settling and offences criminal major judging for forum judicial major were a considered that courts itwas exactly castle that therefore, principal royal officials –whowere in charge of crimes. Itissurprising,prosecuting not – captains by royal wereheaded courts castle The courts. castle the of in registers contained courtregister. the access to land weresessions of widely courts sincethey the only attended togain were times possible 45 of L’viv land. Here firstthe available court register is the castle, not the land court. Its earliest case inbe the found can reversesituation The theyear1466. –starting with date later are of isrecords localof land of from castlePrzemyslThe earliest court courts land preserved 1436. In Przemysl immediately followed 1430-1434. land,of register decades theyears the the that administrative system in GalicianRus’.The court registers of lands other survive from the survivedfrom starting is,1423, that before the official introduction of Polishthe law and preserved register court from coming landsof the Galicia is of that recordsSanok. Its Theearliest legal records. intheir of volume the a marked growth ledto activity, which shouldland beheldsessions of sixtimesinayear.of courts only Rus’ palatinate the Formula processus example, For year. a in times several place took sessions their basis: adaily on operate not did they that fact the was court land the of shortcoming evident The conduct. violent In were inincluding involved landcourts actively addition, the settling landdisputes, cases of with timeless legal significance and could be at consulted any in time courtasthe legal proof. In inlandinheritance wereusually this registers. way court’s becamerecorded endowed they Forthese traits of the castle court jurisdiction, see the observationby Antoni G Corpus Iuris Polonici, The most valuableinformation and richest nobleabout disputes and enmity is In the period after the years of 1430-34 noble courts witnessed an overall increase in witnessed increase In years the noble after overall period an the courts 1430-34 of 26, no.2(1974), 72-3. author The also contendscases that thatfell under so-calledthe captain’s Ğ redniowiecznej Polsce” (The origins of castle courts in medieval Poland), medieval in courts of castle origins (The Polsce” redniowiecznej from 1523 prescribed, codifying the already established practice, that practice, thealreadyestablished from codifying 1523 prescribed, ed. Oswald Balzer , vol. 4, pars 1: 18 . Annos 1523-1534 ą siorowski, “Pocz (Cracow,p. 1910), 59,# Czasopi Ğ mo Prawno- ą tki s 45 46 The ą dów CEU eTD Collection emphasized by Simon Roberts, “The Study of Dispute: Anthropological Perspective,” 18. of disputants’ speeches oratory and forthe study ofimportance actors’ strategies and intentions indispute, crucial been has The also dispute. legal and process of legal aspect of this investigation the concerning position comparisonwith this observation, the historianof the fifteenth-century GalicianRus’ isin amore privileged the Law of Western Europe before the Twelfth Century,” Twelfth the before Europe Western of Law the enough to suggest thatit sometimes took place.” See Susan Reynolds, “Rationality Collectiveand Judgment in “Little is generally said about any discussion orargument before judgments were made, but some reports say just 48 (L’viv, 1886-1906). Stadnickiego czasów Rzeczypospolitej Polskiej, zarchiwum takzwanego Bernady ambitious largestand source editions, undertakenby the Polish historians, called published during 47 the second half of the nineteenth and beginning of the twentieth century in one of the most fifteenth century survived only in – pieces earliestthe onesfrom 1453 and 1461-63. werewritten records down startingfrom Records of L’vivlandthe from 1440. court the litigants, able to interpret and manipulate the law in their own terms. law and enmity. convey They imagethe oflocal as nobles shrewd, experienced and intelligent opportunity for glimpsing subjective atthe and senses meanings thatpeople tothe attached a provide Theseunique andlegalarguments inwars of agency words the legalcontext. Nevertheless, in my opinion, this type of evidence offers discourse. an insightlegal into the of the problem of human terminology and formulas the by influenced strongly and Latin, into vernacular from the in translation processof distorted They the register. were also court theyarethat filtered them of mindset in through who conceptual those the down wrote the and appropriations. heldbe inthecourtroom, much outto lawturned the individual manipulationssusceptible to the noble code of honor and proper noble conduct. From the perspective of the incessant talks, for law enmity how essential statute or was legal and from prescriptions written the departed violenceand muchambiguity. with often shows how It muchlegal andpractice legal process law the informs clearly effect, multivocality a creating by and themselves for speak to actors mouth of principal the This actors. broadly narrativeapplied by technique,allowing historical into the put frequently these – all were courtroom inthe between parties verbal the exchange direct speech. Accounts of a rival’s violent conduct, nuances legalof procedure, and details of an ininterestexplicit rendering information essential about disputein form the of third-person in courts. the speeches to special attention by various aspects lawof giving toward andattitudes nobles’ strategies disputing describing Most of the legal records, contained in the court registers of the Rus’ palatinate for the fifteenth century were century fifteenth the for palatinate Rus’ the of registers court the in contained records, legal the of Most In one of her penetrating essays on the early medieval law and dispute settlement Susan Reynolds noted, that: It is true that legal records are often too fragmentary and stereotyped. It is true also It stereotyped. fragmentary and legal too is areoften that It records true In general, the court’s registers of the Rus’ palatinate are richly suggestive in (henceforth – AGZ ), ed. Oktaw Pietruski, Ksawery Liske, and Antoni Prochazka, vol. 11-19, 48 Court notaries, while writing down lawsuits, took 19 Quaesiones Medii Aevi Novae Ĕ skiego we Lwowiew fundacii skutek A. Akta grodzkie iziemskie z 5(2000), 8.In 47 CEU eTD Collection Narodowego Ossoliim. (henceforth: is given in Stanis 50 1831). Varsaviensis, VL 1947). Asfor the fifteenth-century statutes, Imade use classicalof editions:two and third decades of the fifteenth century seems to be especially worth mentioning. This be seems was especially to worth fifteenth and decadesof the century third number the to in regard andthemselves among kinds considerably vary could They variants. of several with paragraphs included. andmanuscripts versions various in resulted of emergence the Statutes the of textual diffusion One type of Statutes the thecentury, of course the century. In that beginning of the camefrom of Statutes the that appearedversion manuscript surviving intensively Actually, earliest were the and constantly re-written. in the second after its promulgation. From the beginning of the fifteenth century, the Statutes of Casimir with the aim of exemplifying various aspects of the process of dispute settlement. practice court of evidence from the drawn were They Great. the Casimir of during reign the Kazimierza Wielkiego 49 prejudicates paragraphs) which are generally referred to in the historical literature as in literature historical referred to the are generally paragraphs) which legalby new initial statutes Greatthe the set provisions of paragraphs (48 was enlarged the for substitute suppressintroduced existing orDuringwere to Casimir customs. reign the of norms legal new often, less much norms; into raised frequently were customs collections, whileprocess, this codification “civiltouched law” only Asslightly. was usualin such legal and law criminal called is what mainly treated they law: of fields all of codification by nomeans were Thestatutes were comprised a of 34 paragraphs. comprehensive statutes for in The Wislica. diet Greatyear 1347atthe issued the weremost probably around statutes these that Poland were issue; some thedateof scholarscontend betheirabout paragraphs. said certain can Nothing promulgatedand in approximatelyGreatnext few centuries. There were in fact two differentthe over Statutes law issued statute by of KingPoland, Casimir, fordevelopment Little the further the for foundation the samedown laid that code law a period respectively.of timeKingdom of Poland to the promulgation of the Statutesand of Casimirthe Great. They constituted Medieval Late in legislation the thestatute of beginnings the attributed traditionally Scholars The statutes for Little Poland initially consisted of 59 Aninformative overview of the composition, manuscripts, and the originof the Statutes of Casimir the Great, The Statutes of Casimir the Great were consulted in the edition prepared by Oswald Balzer. See: Balzer. by Oswald prepared edition the in consulted were Great the Casimir of Statutes The ) , vol.1 (St.Petersburg, 1859),and It is also very interesting to follow the lines of the rich textual history of the Statutes Another type of sources widely used in this work is the evidence of the statute law. is of statute the evidence the in work used this widely of type sources Another Jus Polonicum . The . á aw Kutrzeba, , ed. Oswald Balzer(Pozna prejudicates Ĕ skich, 1925), 159-78. ), ed. Jan V. Bandtkie (Warsaw: Sumptibus Societatis Regiae Philomathicae Historja were probably wereprobably compiled by scribes the royalthe of court Jus Polonicum, codicibus manuscriptis eteditionibus quibusque collatis Ī róde á dawnego prawa polskiego Ĕ : Nak 20 á adem Pozna Ĕ skiego Towarzystwa Przyjació , vol. 1 (L’viv: Wydawnicto Zak Volumina legum extravagantes 50 (henceforth: á Nauk, Statuty and á adu 49 CEU eTD Collection Modrzewski’s by Jan by D Jan was theproject of general lawthe of incondification Polish 1532). efforts these of known best (the failed initiatives this However, law. Polish of codifications Formula processus law–the crucial procedural of the issuecollections of two fifteenth century. law. of collection Polish manuscript assingle andregarded were together often copied Great Great. It is not surprising, therefore, that the Statutes of Warta andintentionallyparagraphs of as tothe were Statutes amendments Casimirpromulgated the the Statutes of Casimir the confirmed initiallyin issuedthese diet the were Statutes and of 1423 at Warta inkingdom then of first the by sequence, chronological the In thestatutes. new of promulgation by the elaborated king. The Statutes andmeaning of Statutes. content the into some the also brought changes texts vernacular of Wartastatutes. were Later, comprisedtheWojcieszyn before 1449.This translation also included the text of Warta fifteenth-century the Statutes of Casimir ofthe Great30 wereparagraphs. also translated into Ruthenian. Some These and 1496, the confirmation of and confirmation the 1496,the of from privilegesof King Albert 1493 oftheStatutes wereissued,likethepromulgation Jan and legal statutes important of number a time that In activity. legislative the in regardto decades of fifteenththe andthe beginning sixteenththe of century was especially remarkable enlargement JanAlbert,by successor, in1496.In Casimir’s the periodgeneral, of last the after theirand inforceon of statutes in confirmation took the issuedthe 1454, Nieszawa Jagiellonczyk, Casimir of like privileges Others, the of Warta. issued later Statutes of the part Ī 51 made byWarsawcleric was Great the of Casimir Statutes of the translation Dygesta so-called the of version inthe century fifteenth the from known often most is Statutes united evidence of growingthe unification legal the of system in kingdom.the of The textsuch the Statutes united such of in theemergence see scholars Some Poland. Great and Little both of Statutes the from coming paragraphs included that Statutes the of versions manuscript róde On the statutory character of many paragraphs included in these privileges, see Stanis privileges, these in included paragraphs of many character statutory the On á , 84. Finally, besides court records and statute law, records andbesides suchas Finally,narratives, statute court the historical the of legislation the augmented also privileges royal some Statutes, the to addition In fifteenth enlargedand body lawDuringcentury the of the wasconsiderably statute . Soon the Statutes were translated into Polish. The earliest known text of the Polish the of text known earliest The Polish. into translated were Statutes the Soon . á ugosz, and political treatises, like andJan Ostrorog’s political ugosz, treatises, Books ontheEmendation of Republic 51 Some of these, such as the Cracow privilege became Somesuch of the1420, anintegral Cracow of these, as from markedfrom tothe period bygrowing wasalso efforts general 1523. The Customs ofCracowLand Customs 21 offer important evidence on both social Processus iuris Processus Monumentum by King in Alexander 1506, the , and Andrzej Frycz from from 1506 andthe á aw Kutrzeba, aw ĝ wi Ċ tos Annals Historja á aw of CEU eTD Collection InstytutWydawniczy, 1953). Commentariorum DeRepublica Emendanda obojga prawa ulozony I b.m. (henceforth: r. JanOstrorog, na Sejmie na Rzeczypospolitej naprawy Pro comitis generalibus Regni sub Rege Casimiro Pro Reipublicae Ordinatione congestum. /Pamietnik, dla 13-14, (Cracow: “Czas”, 1877-8); Clarissimi Baronis Joannis Ostrorog, juris utrusque doctoris, Monumentum ĩ 52 bycontemporaries. negative –perception and–mostly legal theirand conditions Poland. culture the violence functionednoble of Kingdom anddisputes Medieval in Late the of and mental against of which perceptions, background attitudes for general the understanding opportunity legal agood offer political treatises and historicalor In narratives turn, context. in local the litigation totheviolence practice they how and of appliedcorresponded and an from andevidence legal law statute records examination legalhow of permits norms were the of Comparison violence. law and of problems the on perspectives research different of types –legallaw, statute sources – provide andhistorical narratives/treatises records, egotaPauli and AlexanderPrzezdziecki, vol.4-5, in Ioannis Dlugosz, Ioannis Dlugosii , Historiae Polonicae libri XII Kazimierza Jagiellonczyka zamierzonej, Przez Jana Ostroroga doktora Ostroroga Jana Przez zamierzonej, Jagiellonczyka Kazimierza , ed. K. Kumaniecki, in (henceforth:J D 22 Monumentum á Opera omnia ugosz Opera Omnia Opera , Historiae Polonicae ); Andrzej Frycz Modzrewski, , vol. 1 (Warsaw: Pa , ed. A. Przezdziecki, vol. ) , 52 eds. Ignatius All three Ĕ stwowy CEU eTD Collection licentiam supra solitum excrescente.” solitum supra licentiam 56 illorum temporum grande extabat specimen…” caesarie permisso illas vincere, pectoris loca facsiis splendoris, quod alias vix feminis permittebaturobvolvere, caesariem peplis, foris et domi, nocte et interdiu obvolvere, mollitie corporis cum foeminis certare, capillo ex 55 ex Coelestium inclementia proveniens…” quodammodo foecundam erat, sive ex impunitate scelerum, sive ex diuturnitate vigentium assidue bellorum, sive 54 Historiae Polonicae vol.XIV,(Cracow: “Czas”,1878),471-72,“Deprivati mores Polonorum recensentur.” [henceforth- J.D due to laxthe license ofimpunity.” impunity impunity laxity.and D connected thebreakdownauthor morals ofpublic awidespreadsense of with and customs crimes, thelong duration of theincessant wars, and, finally, to the heaven disfavor. The splendid ribbons, which otherwise were suitable only for women. wear jewelshome andinby at andnight; public, embellish day and with to chests their their clothes for women’s allurement and flattery; to dress their long hair with the jewelry, to collapse social of moral D and order, depraved Seeking among customs contemporary the Poles. apossibleexplanation this of appearance. D body inand effeminacyof the women with contemporary fashion, rivalled according to the moral decay of contemporary society. He expressed his strong disapproval of men, who, sharpen image of broadthe usage and servedto stereotypes metaphors of author’s gendered men. The Polish of contemporary a“feminization” mightbe called what with concerned 53 D his criticism, In society. Polish fifteenth-century mores of malice. all of kinds to abundantly up themselves gave Poles when were atime years and past present the that withnote a started society. Polish fifteenth-century of situation moral the of criticism trenchant Under the year of Under1466 D the yearof Chapter 1 – Ex bonis nobilibus fures effecti: Noble violence and its and violence Noble effecti: fures nobilibus bonis – Ex 1 Chapter Ibid.: “illorum temporum grande extabat specimen, et perversorum nequitia perdissolutam impunitatis Ibid.: “capillum enim adversantem frangere etcircinos in cogere, admuliebres blanditias amictum expolire, Ibid., 471: “Tempus apud Polonos non anni tantummodo praesentis, sed et transactorum, omni genere malitiae Joannes D Joannes According to D The historian referred to various causes in his attempt to account for the rise of these representation in the Late Medieval Kingdom of Poland Kingdom Medieval Late the in representation á ugosz, á ugosz noted that it was the fashion for many men to curl refinemanyhairs; curl men to to for their fashion itwas notedthat the ugosz ]. Historiae Polonicae á ugosz noted noted ugosz “the that wickedness upaboveof perverserose the usual á ugosz, this state of moral decay was the consequence of the á ugosz wrote a extensivequite wrote ugosz passageinhis , vol. 5,libri XI-XII, in his 54 56 He took care to compile a detailed list of corrupted listof the compile adetailed care to Hetook á ugosz called attentionugosz to growingthe impunity for 23 Opera omnia, 55 á ugosz was particularly ugosz ed. Alexander Przezdziecki, Alexander ed. Annals , devoted to the 53 D á ugosz á ugosz, CEU eTD Collection impressive of and monumental picture fifteenth-century the life of hiskingdom, meansno togeneralstereotypical Portrayingrestricted censure and lamentations. an moment that readers the had wrath of arrived. divine already andhavinglapsed in all typespossible crimeof was portrayed by to convinceDlugosz the 'á from is This not. clear or as guilty censure merited personally they whether of regardless lapses, moral and religious for these culpability with charge people wholePolish to the punishment. community,D to according contempt for God and the disobedience of and character widespread the emphasize to in order wrongdoers, single the Church that was widespread among Poles. Therefore, the whole law and fundamentalsthe of Christian Itisnoteworthy teachings. D that for divine the anddisrespect withhostility committed crimes, risehideous of the particular, 'á andhailing them heroicas great deeds. wrongdoings, regardingsuch a modevirtue, of conduct puffed as upwith andtheir wrongs seekthey pridenot to amend Quite theirdid took evil conduct. thecontrary, intheir culprits character lament sinful a clericfor of godless the and part asthe canbe of last regarded his account of a contemporary the and faith. Especially ofGod Christian the precepts the against transgressions sacrilegious Polish society. In this regard, D aperto pectore haurimus…” contemnendo irridemus et floccifacimus, nec satis scripturarum cominationibus credimus, nec divina imperia 60 virtutibus aut imaginibus superbiens, loquebatur grandia, totus tumebat, quasi alta et heroica ipsemet fecisset…” 59 et rapinas.” dilabebantur furta in terminos transcendisse videbatur et metas. Plerique nullam habendo patrimoniorum aestimationem, effuso censu 58 Wallace (London andMinneapolis: University of Minnesota Press,1999), 1-49. in France,” Medieval inLate Crime 57 D mindscontemporaries, were of his the anddegenerate consciences committing robbery and theft. nobles, havinglittle for esteem their squandering property and their ended patrimonies, up itinexceed thekingdom seemed Many years all inundated limits. that to those possible violence andcrime. expansion of unprecedented Ibid., 471-72:“Itaque de ut nonsingularibus personis, sedde iustiusuniversis scribam: leges divinas et scita factis, suorum superiorum et superos sed emendare, suas praevaricationes et se malebat “…non Ibid.: J. D J. On the moral implications of the concept of crime in the medieval context, see: Claude Gauvard, “Fear of ugosz’s remark saying that he consciously speaks of “us”, that is, the entire people, not ugosz’s ugosz’s criticism of socialthe vices was strengthened by representing them as sins and á ugosz, 'á Following the well-elaborated stereotype of medieval ecclesiastical thought, ecclesiastical medieval of stereotype well-elaborated the Following ugosz’s highly ugosz’s critical in remarks spreadof regard tothe violence andcrimes areby Historiae Polonicae 60 In this respect, the image of In image respect,the this beingsubmergedinsocial kingdom the of as chaos á , 471: “Sic in annis illis scelerum diluvium inundavit, quod omnes facinorum ugosz, sharedugosz, responsibility for their sins and divinebore the Medieval Crime andSocial Control 58 To illustrate how greedy, insolent, effeminate, and effeminate, insolent, greedy, how illustrate To 59 24 57 He reported that such a deluge of of crimes such adeluge that Hereported , ed. Barbara A. Hanawalt and David á ugosz sought to show, in á ugosz emphasized that ugosz á ugosz was ugosz tempted Annals CEU eTD Collection vis etcopia;” Ibid., 70-71,„Impunitas in Regno Poloniae furum etpraedonum audaciam nimium auxit.” 64 Poland, see: Micha write his work, composing simultaneously two parts of his narrative – the old and contemporary history of 63 6. 62 1997), 557-8. Ğ moralnosci spo slightly upon the evidence, presented by Dlugosz, see: Hanna Zaremska, “Grzech i wysti “Grzech Zaremska, Hanna see: by Dlugosz, presented evidence, the upon slightly late medievalthe in Polandviolence by and Hanna Zaremska, of morals control written for social of the problem historythe on of chapter Polish medievallearned and culture, detailed touchedthe that only noteworthy dzie (Warszawa:Polskie Wydawnictwo316-336, Naukowe, 1987), andUrszula Borkowska, MarianBiskup, Karol Górski, 'á (Cracow: Wydawnictwo Uniwersytetu Krakowskiego, The same 1980). holds true forsuch majorworks on death, provides an instructive example. Of the 13 articles, which are found there, no one deals with the topic of topic the 'á with deals one no there, found are which articles, 13 Of the example. instructive an provides death, historian’s of the anniversary five-hundredth the to devoted work, collected the historiography, In recent work. nineteenth-century Polish historiography, still the best synthetic analysis of the worldview of D pi ignorance is evident inMicha instigators and perpetrators of the social violence. Describing the murder of a Cracow murderof the Describing violence. of social andthe perpetrators instigators main asthe nobility the represented He situation. this for nobles Polish the all, of first blame, felons in increased theexcessively Kingdom of (1450). Poland” domestic robbers intheKingdom Poland”of “theimpunity (1447), and audacity andthefts of multitudeforce“the of external and and the great telling: violence, areespecially of the titlesking and unable barons againstand unwilling toproceed all Inthis crimes. these regard,some which hefullcountry, thieves of and criminals,byhighwaymeninflicted and onthe roads, ruled by a gave to his rubrics hadturmoil reachedits peak. devoted historicalhisyears, in workexactly when,according themoral to social reasoning, the toand the problem of social disorder and 'á 61 ithistorical narrative, is mentioning worth here D that ofjusticespread violence ofhis instructure of system andthe downfall general the of the of oneof onthemostrubrics pages fact, in became, frequent crimesthe andevildoers notorious Casimirhis brother, period Forthe IV. from 1440stothe1460s,the reports aboutmost interregnum in death of decades of the Wladislaw III after reign the 1444 andthefirst of of times troubled the of description in his acute especially became crimes and disorder social social violence. about evidence telling and contain detailed redniowiecznej, XIV-XV w. J. D J. Micha 2- esp. of Crime,” “Fear Gauvard, Claude see: narratives, historical medieval late the in reporting crime the On Itis surprising that the abundant evidence of noble criminality violence,and found in the last book of the Ğ ugosz asMarian Biskup, „JanD ugosz’s perception of violence; see: of violence; perception ugosz’s ugosz’s Annals, hasescaped the attention of scholars, the who studiedD have Jan miennictwie á ach Jana D á ugosz Annales 'á á Bobrzy ugosz image ugosz conveyedmiddlein an of thefifteenth kingdom the of century as a the , Historiae Polonicae (Cracow: Wydawnictwo K. Przezdzieckiego, 1893), an outstanding achievement of the achievement outstanding an 1893), Przezdzieckiego, K. Wydawnictwo (Cracow: á ecznej” (Sin and transgression: norms and practice of communal morality) in á ugosza. Ko Ĕ . á 62 ski and Stanis Bobrzy To better appreciate the significance of D the of significance the appreciate better To Ĕ ski and Stanis Ğ (The culture of medieval Poland), ed. Bronis ed. Poland), of medieval culture (The ció á Bobrzy á Kazimierz Jagiello i á aw Smolka indicated the year of 1455 as the time, when D 63 , 40-41,„Praedonum externorum etdomesticorumRegno in Poloniae magna Ğ á wiatpoza ko ugosz (1415-1480) jako historyk Polski ikrajów Europy D Ĕ ski and Stanis á á ugossiana. Studiaugossiana. historyczne w pi aw Smolka, Ğ cio Ĕ czyk. Zbiór studiów o Polsce drugiejpo á em 25 Jan D á aw Smolka, (Lublin: Katolicki Uniwersytet Lubelski, 1983). It is á ugosz, jego á Jan D ugosz writestarted ugosz histo great 61 Ī ycie i stanowisko, Hisfocus the problems of on á 64 aw Geremek (Warsaw: “Semper”, (Warsaw: Geremek aw á ugosz, jego Ċü D á ugosz’s concern with the with concern ugosz’s setlecie á ugosz did not hesitate to hesitate didnot ugosz á ugosz and his Ċ Ğ pek: normy praktyka a normy pek: mierci Jana D Ī ycie istanowiskow 69. Tre á ugosz started to á owywieku XV Ğ Kultura Polski á Ğ rodkowej”, inrodkowej”, ugosz and his ci ideowew Annals á ugosza . This CEU eTD Collection 'á violence canbe inherited with of blood the evil isan ancestor emphasized strongly by son Lucas.” son for also hisimpiety crime. turn So, livefather,his though alreadyof dead, inhis continuedto aristocracyamong wrongs other Groth was blamed for murderingmember another of local the - Jan Ossoli enjoyed by Slupecki enjoyed by noblein contemporary society.Slupecki D Lucas’ matrimonial about high the provides for remarkable evidence social alliance position ranks nobles and rich of most the his land. mentionedby powerful of Information D reputation reputation as aman responsible for committing numerous crimes. D bad similarhad a - Slupecki father-Groth Lucas’ inLucas’family. innate was a trait 'á someof that important is also It discussed. and known widely were and Poles contemporary the of imagination the struck undoubtedly crimes of stories These time. his in criminality noble notorious casesof mostthe of the of some accounts very extensive several his text plebeians who felt too weak plebeians of whofeltto resisthis D aggression. too acts and nobles -both neighbors ashis well as many years for subjects his own who terrorized and D transgressions. criminal his illfame duringthe reigns ofWladislas and CasimirIII IV,duetohis many abominable land. punishof divine the to vengeance, working these andinjustice. crimes pursuit to illustrate illustrate pursuit processthe to of debasementthis of Polishthe nobility, D nobility “from the good nobles into the criminals”: the into nobles good the “from nobility strongly as possible the historian employed the metaphor of the degeneration of Polish sui Grothonis, quamvis mortui, vivebat tamen impietas.” 68 67 66 terrigenae, rapto et furto vivere soliti.” 65 rape andtheft.” Polish Kingdom’s ownnobles, citizens and natives,accustomed who themselves tolive by “nobodySilesia he moreand noted: Hungary, promulgated vigorously such evilsthe than dignitary robbery and in merchants the audacious Cracovian by of 1447 from criminals Ibid., 284: Ibid., “hunc nonsolumbonorum sedet scelerum reliquerat haereditarium successorem,quo inparentis Ibid., 284-88. Ibid. Ibid., 41: “Nullus tamentanta mala fortius promovebat, quam proprii Regni Poloniae nobiles, subditi et ugosz: “... he ugosz: handed[Groth] downtohisas a successor patrimony not but hisonly estates ugosz’s most detailed narratives are particularly revealing in regard to stressing the motif the stressing in to regard revealing particularly are narratives detailed most ugosz’s 67 The author portrays Slupecki as a person particularly given to violence, who earned violence, who to given particularly aperson as Slupecki portrays Theauthor Wealth that Lucas Slupecki obtained by pillaging the weak allowed him to enter enter by him weakallowed the Lucas the obtained Wealth Slupecki to pillaging that One such story concerns a certain Lucas Slupecki, a native noble of noble of anative Sandomierz story Lucas Slupecki, Oneconcerns a certain such 68 65 In order to censure the malice of the fifteenth-century Polish nobility as nobility Polish thefifteenth-century malice of censure the to Inorder Ĕ ski, the castellan of Wislica. The conviction that the taste for á ugosz speaks of speaks of ugosz Lucas Slupecki as ahighly malefactor, brutal 26 ex bonis nobilibus fures effecti fures nobilibus ex bonis á ugosz says Lucas’ ugosz Sbignea,wife, that á ugosz points out that violence points outthat ugosz á ugosz mentionsugosz that á ugosz inserted in inserted ugosz . 66 In his In á ugosz CEU eTD Collection 72 quondoque resipisceret, et propitiationem quereret divinae pietatis.” relatura supplicia Divinitas consurrexit, tradens illum in interitum Satanae, ut plagis suis afflictus, asordibus suis 71 Tre taking final confession beingand possessed by a demon.Considera short comment by Urszula Borkowska, Jan D Jan power.” he hadacquired from whom “tearinghis hands theslave, over the endeavor at away resisted successfully demon the exorcism, the by down calmed Though vain. in were exorcism atexpelling attempts Notwithstanding, the demon the through by fate. moved Lucas’ anddeeply relative was himself a Slupecki JanKazimierski, who priest, the exorcist, local hisculpritto come to penance. serious sensesandundertake asaform athelping bear had from worked disease and wereaimed the to serious of recovery he pain the and possession diabolic Lucas’ victims. his of grievances the avenge to on called enormous sufferings, represented by D possession inflicted upon culpritthe was, in fact, a form of healing the social Lucas’ evil. majorenemies of Zbigniewthe Ole bear the terror of D bear possessed.the terror the wife, son, Jan, and other possession hadfamilyhis effect adevastating on family Allof relations. his Slupecki’s - relatives - left home, struck by the fear of a demon and unable to the crimes committed. the forcessupernatural in pursuitjusticethe of and inevitability the divinethe forof punishment of the diabolic possession. In this way, the story best served to illustrate the involvement of gravely.” himto torture him, invadedby December 28,theevil permission started God’s spirit and on of“In year1459, writedate downthe event: the God’s precise was to enough thoughtful surrenderingSlupecki severe into with him hands the punishment, directly Satan.of D wicked men. See, forinstance, another account by D 70 mensis Decembris, invasit illum spiritus nequam, et permittente deo, gravi tortura exagitabat eum.” 69 vengeance. Thoughwith some delay, D comments and divine approaching of unaware the was blindednoble, andhardenedinhiswrongs who marshal of kingdom.the as The lustful, historian describes Slupecki a prosperous, and greedy Brzezie, the Zbigniew of - kingdom of the thehighest dignitaries of of one was a daughter Ibid., 285. J. D J. Itseems that D Ibid., 285: “Anno itaque domini millessimo quadringentesimo quinquagesimo nono, die vicesima octava Ğ ci ideowe, á ugosz, who was closely withZbigniewconnected Ole á ugosz However, this is the story of a recovery that failed. It appears that the Lucas’ diabolic Thus the account which D Thus the account 72 69 Furthermore, in addition to severely his Furthermore, inaddition manifested to demon Lucas, the torturing , HistoriaePolonicae 116. á ugosz liked to mention the factof the demonic possession inhis condemnation of especially 70 D á ugosz emphasizes that in the case of Lucas Slupecki the diabolic the Slupecki Lucas of case in the that emphasizes ugosz , 285:“… sed differebaturcontra adpoenam cuiusimpietates,caputeius in Ğ nicki’s factionnicki’s in the struggle over the Cracow bishoprics during the 1460s. á á ugosz started into one that asof to tell astory crime started turned ugosz ugosz further narrates that Lucas’ help for kin further narrates that the to turned ugosz á ugosz as a triumph of the divine justice, were not only á ugosz, describing the death of Jan Gruszczy 27 Ğ nicki, says Gruszczy that á ugosz, ugosz, divinethe forcefinally struck 71 Ĕ ski diedin 1473without Ĕ ski, one of the á ugosz CEU eTD Collection having repentedproperlyfor his Death crimes. Lucas’ brought soul liberation no from the Annals. by down D accurately written wasagain Slupecki’sJuly death, on 18, 1471, stubbornness and bad temper. Lucas’ because of andupset gravely was in recovery thedemoniac’s of success his hope for home.D leftSlupecki Kazimierski Jan events, these Followingman. aftermenaced bythe beingpossessed takingproperty retreated backtheir his return mindand refused to stolenthe livestock. People whohad with arrived hopeof the compensateto for his Havingwrongs. by been instigated demon,the Lucas rapidly changed becamemuch realizing infuriated, howhis estate would decrease intention as a resulthis of moment had been unjustly seized by force from people.from hadmoment seizedbyforceother D beenunjustly that possession at allalmostwhich wereinLucas’ out cattle that the animals. Itturned from hisdividehad officialsto livestock to Lucascommanded arrived, robbed hisown force.andWhenall invited hehadthat from themby livestock people goods the taken the years. By doing this Lucas showed his willingness to make restitution to the wronged men for residence the numerous men who had suffered from his injustices and violent attacks for longhis to invited exorcist’s Lucas advice, the Following priest’s the proposal. Lucas agreedto moment a rare of contrition In possession. from liberation demonic the graceof gain God’s his Lucas Inthisoriginal show would repentance and manner,Kazimierski owners. argued, calm to return to the original owners all the goods that he had unjustly plundered to the intervalspersuade his his futility the Lucas duringof exorcistshort the triedto of efforts, cure him offences numerous vain Seeing bearing the demon’s and with tricks. and to patience oven. hot the of hole narrow very the into force inhuman with pushed been have to found were head and body baby’s the demon: a been it by had done that in nodoubts its leftwitnesses death ofthe circumstances terrible in terrible baby unusual house.The a two-days-olddeath of occurred which Lucas’ and coniugi Sbigneve illam demandans, expirat.” demandans, illam Sbigneve coniugi salutari sumpto viatico, nulli tameneorum, quos rapinis concusserat, substancia reformata, filio Iohanni et millessimo quadrigentesimo septuagessimo primo, die Mercurii, decima octava mensis Iulii, facta confessione et 75 74 73 opus demonis presence byharrangingAs people. of againstother one evidence mostthe apparent for the Ibid., 287: “Vixit autem Lucas Slupeczski post hanc plagam et passionem amnis duodecim … anno Domini Ibid., 286-87. Ibid., 285-86. After these events Lucas Slupecki lived for twelve years more. The exact date The exactof date years more. for twelve lived Lucas Slupecki events After these 'á 75 As D ugosz reports that Jan Kazimierski spent six weeks at the bed of thatJanKazimierski in Lucas,ugosz reports bed spentsix striving weeks atthe of directed against Lucas’ relatives, D Lucas’ relatives, against directed á ugosz noted athis noted ugosz his death, hedied with never bythe mind darkened devil, 74 73 28 á ugosz describes the case of and tragic the of the case describes ugosz á ugosz says that the exorcist gave up gave exorcist the says that ugosz á ugosz relates Lucas that relates ugosz á ugosz inhis ugosz CEU eTD Collection castellan and captain of Naklo, and the second on the liberation of the of liberation Jan Rzeszowski, on second the andthe of Naklo, captain and castellan the Domaborz, of Wladislas of execution the focuses on first The stories. crime other in two needed efforts to divert the Polish nobles from their propensity to violence and robbery. and violence to propensity their from nobles Polish the divert to efforts needed urgently to Annals contributed of the pages the on possession of Lucas Slupecki’s account duringlife, his was,nevertheless, completely justified. D longman fateof uponthe afflicted by a infernalof noblestpedigree, the an punishment so much attention to such a repulsive and terrible case. D much In such terrible so to a repulsive and attention D noteworthy. of life the and death of such aspoiledandundignified manasLucasSlupecki, are members to care for the souls of their dead relatives. line another of living narrative theimportance forideas andexpound hisabout the family Slupecki. The negative response of Lucas’ relatives set a pretext for D a pretext set ofLucas’relatives negativeSlupecki. response The funeral. frightened monks, local demanding of thereturn his taken horse, by monks the during his byflames, chasedand faceof Lucas, of enveloped ghost the consumed byflames;ahorrific was church thewhole of asif witnesses imagination the struck Lucas’grave,which the over fire rose of tombof on Lucas; columns the heard were andcries voices this place:terrifying taken by Lucas’ relatives as nonsense. At this point, D and tried to persuade them fulfillto the request of the dead. However, the monk’s words were horrible sufferings in hell. Frightened by menacingthe spirit, the monk visited Lucas’ family his soften be able to wassaid spirit, to by Lucas’ wascommunicated repentance, which remind make them peopleto restitution to for all theirLucas had property Thislate seized. promisemonk visit to Lucas’ widow,Sbignea, to andhisson Jan. The monk wasobligedto forced door, the spiritthe Wakedfrom knockingmonk.by Lucas’ the his at ghost dreams Sandomierz. In Sandomierz.his In D chronicle of walls town the outside Jacob, Saint of monastery in theDominican located grave, uxorem, quamvis in vita et post mortem demandatam curae habuisse.” tredecim salutary poenitentia nonemendasse reformationem vero iniuste ablatorum, neque filium, neque LucamSlupeczsky, satrapam, quamvis poena gehennali, gentis dum viveret, atque a daemonibus vitam tortum, suamgeneris per annos sui animadverterunt, dum aversurus, concussione et rapina eis insita ab procures 77 76 D demonic power. Ibid., 288: “Morosiorem forsan me gessi in referendo, casu tam tetro et terribili, quam sat fuit, Polonorum fuit, sat quam terribili, et tetro tam casu referendo, in gessi me forsan “Morosiorem 288: Ibid., Ibid., 287-88. 'á The concluding D words The most instructive of these stories is the appearance of Lucas to a certain a certain sleeping ofLucasto appearance isthe instructive stories of The mostthese 76 ugosz intentionally exploited the motif of supernatural intervention and punishment and intervention supernatural of motif the exploited intentionally ugosz á ugosz remarkes that he perhaps may be regarded as small-minded in devoting small-minded he may beregardedas perhaps that remarkes ugosz á ugosz relates that horrible things were said to occur continually atLucas’ horrible were said tooccur things that relates ugosz á ugosz recountes some recountes of storiescirculatingugosz fearful about the á ugosz usesugosz as a reason for longthe and detailed exposition 29 á ugosz ceases his narrative about Lucas á ugosz consideredugosz placing that the á ugosz’s words, ponderingso words, ugosz’s á ugosz todevelop ugosz 77 CEU eTD Collection many vows and prayers while having been imprisoned. dedicated had he whom to Stanislas, Saint and Mary Virgin the of assistance divine the to Regnum et eius rem publicam intueretur.” 80 350. the of 304, period Ibid., the in century, fifteenth wrongdoer ofthe middle notorious the of example another provides Skrzin, de Borziwoy noble Polish did not spare didhis not life. D work of justice. Wladislas of Domaborz’s belonging to the highest rank of the Polish nobility the Poznan captain, Peter Szamotulski,almost all inhabitants the of the region rejoiced atthis counterfeit felon Whencoins. notorious and inwas finally this decapitated caught by 1467 of minting the and Gniezno, of church the of estates the of devastation the district, Sluchow unlawful on tribute localthe and population, nobles torture the murderof many of the were listed as: the capture by fraud of the royal castle of Sluchow, the imposition of an day near the town of Cz of town the near day long. The captive was lucky enough fleeto from the hands last of the robbers not did in the middle of captivity the Rzeszowski’s However, crimes. numerous their for ill-famed nobles, mentionsfor felons responsibility whobore thatthe wrongdoingthis outlawed local were captainship, thegathering diet placeand of Poland royal Little the afrequent station. D gathering place importanthighly towns of Kingdom fifteenth-century the the traditionalof Poland: Piotrków, of the diet two connecting free road itthe royal happened on that isnoteworthy visit also It king. the to of the kingdom, by and canonic Cracow captured the highwaymenJan Rzeszowski band was a of on his way and Korczyn,isviolence. It bewilderingit how was possiblesuch that a high official as royal the captain the centreextent of fifteenth-centurythe Rzeszowski’sand its public affairs with a more auspiciousPolish eye.” society God would certainly kingdom men, watch the suchmalicious toother justice wasextended was a world of insecurity, dominated by the social robbery. D and pillaging constant with country the disturbed incessantly he mercenaries unpaid similarly Asnotreimbursed by expenses were endof ahead war.of the kingafter the the of a band commandersinvested had who in his money military own waging butwhose campaigns, 79 78 Order. Teutonic the of thirteenth-yearthe warwith period of in majorthe in wrongdoers kingdom,the during whoappeared numbers great the troubled hands. robbers’ from Korczyn, Nowy of captain Ibid., 480: Ibid., “quod sieadem iustitia incaeteros extendereturmalignos, benigniori oculo Deus Polonicum The evidence The givenby D Ibid.,479-80, 480-1. The second story, recounting the case of Jan Rzeszowski, shows once again to what to again once shows Rzeszowski, Jan of case the recounting story, second The á ugosz did not miss ugosz notmentioningmajordid the opportunity of his evildoings, which á á Ċ ugosz yearsfor 1460 the 1462, and telling about thecriminal activity of certain a ugosz with approval comments ugosz his“ifon execution: of only sort this stochowa. D stochowa. á ugosz notes that Reszowski owed his successful escape hissuccessful owed Reszowski that notes ugosz 30 78 Wladislas of Domaborz is portrayed as one 80 79 He was one of war of Hewasone the á ugosz CEU eTD Collection mentions the fate of Jacob Jaszczewski, who was quartered and pieces of his body hisput on body of andpieces was quartered who Jaszczewski, of Jacob fate the mentions 'á to man. According dead of the brother Warsaw the and of palatine the Boglewski, Nicolas Poland. All felonsthe involved in horriblethis slaughter wereeasily identified and caught by of this suggests aninefficiencycrime inof publicprosecution the late medievalKingdom of Boglewski’s servants Boglewski’s servants menwere the justand whoborethe D punishment. merited only however, Of felons, the all out. andworked hadbeen discussed assassination plan of the the Pieni by written letters of discovery the to due light to came also crime the of details the Moreover, andtortured. captured been quickly had who familiars, disfigured by numerous woundsitdisfiguredwas impossible that bynumerous torecognize. wasso been heavily hadday foundcommitted, crime the man, murdered after thenext most horriblepiecesinto in the and cut have to beenslaughtered Boglewskiwasreported Jacob murder. manner with swords,helpedKonarski assisted crimeandthe plot Pyenyanszekin - actively perpetrating the lances, and Plichta Jaszczewski, Jacob notary –his familiars intimate most three Boglewski’s and axes. D of thismembers closest householdBoklewski’s inof was hisassassination the hideous feature most homicide. Boglewski’s wife, Dorothy, who had an affair with Pieni presbyter and former archdeacon of D Gniezno. of archdeacon former presbyter and Boglewski was slain sleepingwhile in in bedthe his house by Jan Pieni account of this of account Boglewski,noble a distinguished region of from D the Mazovia. what they really merited: “one was decapitated, while another was liberated.” to according providence by guideddivine and wascomplementary characters destiny these of 82 alter truncationis.” 81 whenand D alsofate date the wasfinallytheir coincided.to determined According major events in these two accounts. It happened that both men were captured at the same time Rzeszowski. D John of andpious conduct salvation with the wonderful punishment arecontrasted ofWladislashis and wrongdoings of the Thedescription capital narratives. of Domaborz Ibid., 424-5, 426, 429-30. Ibid., 481: “…et qui uno die capti fuerant, uno die pertulerunt destinata sibi aDeo stipendia, unus liberationis, ugosz, the quick ugosz, inquest pace the of waspartly from due to confessionsthe extorted the The D evidence The third story of crime narrated by D It is highly interesting that these stories are presented as two complementary á ugosz achieved this effect by emphazing the chronological coincidence of the cause celebre cause á ugosz’s in his Annals Annals supply about the attemptssupply aboutthe topunish perpetrators the á 31 ugosz concerns the case of the murder of Jacob under theyear under 1466. á ugosz stresses the active involvement of of the stresses activeinvolvement the ugosz á ugosz relates that the body of the ąĪ á ugosz a provides ugosz detailed ek to Dorothy, in which Dorothy, to ek 82 According to, Jacob 81 ąĪ ek, ayoung á ąĪ ugosz, the ugosz, ek, and á ugosz CEU eTD Collection to the noblest families Jan describing Pieni of the Cracow and Sandomierz lands. D ignominious felon was finally imprisoned. finally was felon ignominious by powerful relatives. by powerful though disfranchised of benefices,his managed toescape being imprisonment, hidden away hushinclined to scandal hadthe inhiswhich up erupted church. end,Janthe In Pieni 'á establishing an inquisition and did not want to proceed againstPieniwant toproceed inquisition not and didestablishing an punishment. As D punishment. severe evade culprit the andletting thecrime havebeen concealing of a way appeares to and intoput prison for the rest of his life in order to repent his sins and crimes. However, this proved inquest guiltthe of Pieni of witnesses involved in this case. It was stipulated by synod’sthe decision testimonies the that if of the official examination diligent and proper the out carry to was inquisition the of task Gnieznothe setout archbishop supremethe judicial inquisition Jan against Pieni With overall concord and approval of the synod, the sentence was passed, recommending that misdeedcopious tears,publicly by deplored such an abhorrent archdeacon the Gniezno.of Pieni were convinced of Pieni of were convinced written by written Jan Pieni allegedly letters, above-mentioned the presented the plaintiffs claim strengthen their to /Ċ of synod at the court spiritual the to their accusations man brought murdered the of relatives shelter and protection with a commander of mercenaries. Czech of with a commander andprotection shelter flightPrussia,waitingfoundto fortime not penalty. the incustody,took There she Dorothy captus, episcopo Cracoviensi, carceri coniiciendus ob patratum homicidium, traditur.” 83 many by D after bytheWarsaw mendicants. pity supplications from movedhis initialintention, retreated however, havingbeen custom. Nicolas Boglewski, caughtDorothy firstburyandmaidservant, her wanted to an alivethem to according legal old display in various parts of the town where his execution had taken place. Ibid., 498. Ibid., The rubric isentitled: “Ioannes Pyenyanszek olim archidiaconus Gnesnensis perpatrem suum ugosz’s czyca, which was specifically established toconsider the criminal cases of clerics. In order ąĪ ek’s handwriting.ek’s D It is interesting to note that Jan Pieni The case of Pieni Jan The caseof As concerns Jacob Boglewski’s wife, the Warsaw palatine and his men, who had his men,who and palatine Warsaw wife,the Boglewski’s Jacob As concerns Annals . Underthe followingyear, D 1467, á ugosz indignantly notes, Jan, archbishop of Gniezno had no intention of intention no had Gniezno of archbishop Jan, notes, indignantly ugosz ąĪ ąĪ ek as being at the head of ek asbeingattheheada gang of youthsmembers belonged of whose ek to Dorothy, as a proof Dorothy,of aproof D ek to crime. as ąĪ á ugosz alsougosz who saysthatmanyclerics attended thesynod, with ek’s culpability after scrutinizing the letters andletters recognizing the scrutinizing after ek’s culpability ąĪ ąĪ ek is the most interesting. The Warsaw palatine andother TheWarsawpalatine interesting. most is the ek ek, he would be disfranchised of of beek, hewouldbenefices all disfranchised ecclesiastical 83 32 ąĪ This D time ek appears once again in the pages of the á ugosz tellsugosz thereadershowthis á á ugosz notes notes manythat peopleugosz ugosz starts hisby account starts ugosz á ugosz reports that after some reports that ugosz á ugosz relates that many of ąĪ ek. Hewasrather ąĪ ek. The ąĪ ek, CEU eTD Collection completely incompatible with the idea of social order. D order. social of idea the with incompatible completely put under the same year as his account of murder of the Boglewski. Jacob sameyearthe ashisaccount put under was and followed society, Polish of failures moral the of denouncement his of culmination narrative his harsh “Censure of the Depraved Mores of the Poles,” which can be regarded as a was perhaps nota simplewas in perhaps theof general that coincidence D the order it Hence, subchapter. this of beginning the at mentioned Poles, fifteenth-century of morality motifs for deplorable story the echoes lamentation of the abominable Indeed, crimes. even themost in towards social tolerance growth by visible accompanied violence was generations. and writeforced D what faith. Christian This the was timethe hadaccepted Poles down the case with the aim of transmitting it as an admonition to future incongruous as it was, D and horrendous As incomprehensibility. and enormity its forth put to all of first tended for both forhis both personal hisand kin reputation.group’s Pieni responsibility for savinghis from son he penalty the merited. Notwithstanding this, Nicolas main the with sub-chamberlain theCracow charging Boglewski, murder of Jacob of the mentioning D mentioning that imprisoned in darkandthe hideous dungeon of churchcastlethe of isIlsza. It worth country. in late medievalin D late society. this regard account the is illuminatingin stressingthe role of inself-help pursuitthe justiceof Pieni sub-chamberlain,mostunexpected Cracow the side.father, the Nicolas presbyter’s The iustitiae et inscaeleris enormissimi execrationem, mandato illud literis et annalibus…” contigisse;eos apud et quanquamreor non speciemexemplum prefati facinorissimilitudinem per silere fidei, magis sacrae et supprimerePolonis a quam suscepte proloquitempore a par delectet:cui in favoremscribendum, 84 roads, taking expenses local nobles and on gangfrequently the the houses pillagedraided of the merchants advantagesparingmoney on a splendid dress,horses, retinue, andso on.Inorder to recoup their youngthese in brigandsluxury, lived excessive away throwing andofestates their paternal not the absence of the royal captain, Jacob of D Ibid., 424: “Contingit interim causa et casus horrendous et immanis cuius magnitude et raritas impulit me ad ąĪ ąĪ ek is as the dangercameek realize behavior depicted a man his son’sinfamous who to of ek himself hisek captured him into sonand hands deliveredthe of In Cracowthe bishop. All three accounts by D All threeaccounts Describing murderby the committed Jan Pieni The story not lackThe story ironicfell Jan does punishment since an twist, Pieni on 84 Evidence presented byD Evidence presented á ugosz did not spare the harsh words forspare the harsh Pieni Nicolas words not did ugosz á ugosz exclaimed, such a crime had been never known to occur since á ugosz relates JanPieni that ugosz á ugosz presented here render noble violence asaphenomenon violence noble here render presented ugosz á ugosz demonstrates noble how the extension of demonstrates ugosz 33 ąĪ ąĪ á ek spent three years three and ek spent six months ugosz evidently intended to deprive to intended evidently ugosz ek andhis accomplices, D á ugosz to take uppen totake ugosz ąĪ á ugosz’s historical ugosz’s ek inhisaccount Ċ bno, from the ąĪ ek from á ugosz CEU eTD Collection Conflictin in Medieval Europe, States,” United the in Studies Conflict ofMedieval Future and Present the On Leads: Conflict “Where Górecki, Piotr and Brown C. Warren see: comments, valuable and debate ofthe overview an For 216-17. representatives of the Polish political and intellectual elite in the fifteenth century. fifteenth in the elite intellectual and political Polish the of representatives was rise among violencewith on andthat disorder some social wider preoccupation it with a can belinked that and of violence representation clerical limitsof traditional the these debates. See: Stephen D. White, “‘Feudal Revolution’: A Debate,” Revolution’: “‘Feudal White, D. Stephen See: debates. these social changes inthe period around 1000(the so called “FeudalRevolution” thesis)isthe most significantthe for in of violence role the over Bisson Thomas with polemics his in developed White, by Stephen arguments The historiographical debates about present-day thelimitsthe in and possibilities central the become ofhas examining the narratives role clerical of violence in medievalin violence society.noble ofthe representations 177 (2002), 82;Otto Brunner, Ages,” Middle Later in the Feud Noble “The Kaminsky, Howard see: Ages, Middle in feud (1991): 764-96. On two opposite value systems represented by clericalthe and lay attitudes towards violence and Approach,” A Comparative Enemies: Their and “Monks Farmer, Sharon and Head Thomas 86 powerful lay enemies of the Church. I will rather suggest that D suggest that lay Iwill rather of powerful enemies Church. the rhetorical strategy of a clerical author who used his narrative as an instrument to condemn the will D that argue narrative quite asimilar to other accounts of noble violence written by clerical authors. Still, I Jagiello in allthree D and disorder. violence into sank it as histimes of society noble the of image biased socially and culturally with their lay adversaries. If one accepts this point of thisof view, D point accepts one If lay adversaries. with their monasticaimsfor and institutions, church beingoneof of techniques the waging disputes pragmatic metsome atrocities feudand noble thescalethe of andprobably exaggerated, on, hostile towards the warrior valor of the nobility. Furthermore, historical writings that focusedclerical narratives of the Middle Ages was an expression of the clerical ethos, traditionally scholars focusnoble the excesses andenmormity argue that violencefoundon insome of violence MiddleAges.Some the in during of lay clerical the representation their authors evidencenarrative should patterns beconsideredmodels against by and accepted other contemporary events and people uncritically. andpeople events contemporary “Rz 85 what ponder to to legitimate is italso same time, the At extent violence. noble of condemnation ultimate violence, D towards attitudes fifteenth-century the noblefeudthe possible violence and Within legitimacy. of any claim thespectrum to of scholars can trust D For this pattern of the representation of noble violence in ecclesiastical authors, see: Barbara H. Rosenwein, H. Barbara see: authors, ecclesiastical in violence of noble representation of the pattern this For For a sceptical view of the truthfulness of the Dlugosz’s accounts of his own time, consider Karol Górski, ą dy wewn dy Ĕ It isIt thatthemoment true of figures interventiondivine andpunishment prominently czyk , 82. Ċ trzne Kazimierza Jagiello Kazimierza trzne 86 á ugosz’s ugosz’s noble stories Thisis wrongdoings. of atraitwhich makes D á ugosz’s representation of noble violence cannot be dismissed as the mere be asthe noble cannot dismissed violence of representation ugosz’s esp. 281-2. Land and Lordship Ĕ czyka w Koronie,” in Marian Biskup and Karol Górski, Karol and Biskup Marian in w Koronie,” czyka á ugosz’s evidence and take his descriptions of 34 , 70-71. The question of the trustworthiness of the 85 It seems that the reliability of D á ugosz’s stance represented perhapsthe represented stance ugosz’s á ugosz’s narrative represents the represents narrative ugosz’s Past andPresent á ugosz’s narrative exceeded narrative ugosz’s 152(1996), 209-10, Speculum Past and Present á á Kazimierz ugosz’s ugosz’s 66, no. 4 CEU eTD Collection sed quoque alii idipsum etsentiunt etloquuntur… .” Ibid., caputXXVIII, 156:“Acceditad haec mala ingens 90 nomen imponatur, quid igitur est lenitas, quid placabilitas, quid animi remissio?” audent, quid de contemptione iniuriarum statuendum putent? Etenim si ferina ista rabies tanti fit, ut ei uirtutisXXVI, esp.148: “Velim atem mihi respondeant, quiultionemfortitudinis acmagnanimitas nomine ornare 89 prawie has been already pointed out in the footnote no. . no. 88 footnote the in out pointed already been has (1989): 753-64. lack Historians’ of attentionto issue the of social violence, represented as inD commented upon the steps and incited the inimical parties to further action. stepsandincited upon the to inimical the commented parties of followedenmities, -men closely course the of who of enmities audience a public revealed communal strong support for theviolent mode Hepoints of to conduct. existencethe insignificant his that criticism Modrzewski towardsviolence of attitude the asvirtue also Dygo, „Czy w Polsce pó w Polsce „Czy Marian by Dygo, article the is regard this in Characteristic Poland. medieval late the in crisis social the on had violence such as rightfortitude expression and ofnoble an of one human virtues. principal the issuetakes with whoavengethose defended therightto by wrongs using force, and advanced he also There duels. spreadof the of condemnation a strong to chapter aseparate devotes violence grim preoccupation the andwith For instance,of Modzrewski reality enmity. general, andontheperception in opinion and violence regarding public particular. Kingdom violenceresearch and Medieval on social Modern in of Late Early in the Poland general andintroductory isobservations. explainedbasically This stateof by poor the some to be will restricted My attempts violence andorder. problem the of towards attitudes narrative by on drawing some additional from evidence his time thatshowsthe similar wewn treatise his great describing vicious customs and abuseslaw. of detail for in knownforhis ofcontemporary society, taste and critics and observers attentive and political discourse of humanist’s thought. The Modrzewski was one of the most acute spread of and violence noble issue enmity in aburning remained of contextnewthe moral problem the how Frycz demonstrating of evidence Andrzej Modrzewski, valuable offer the comprehensive review of the internal politics of Casimir Jagielloczyk yetwritten, by Karol Górski, “Rz 87 sixteenth by Polishthe historical andextendingperspective writings political the temporal towards century.directions. With The first the direction second is to show direction,the persistence of the themeI shall of noble violencetry into contextualize the D Ibid., 149: “Et tamen non tantum qui iniuria extimulati sunt, affectui suo indulgendum putant se ulciscendo, Andrzej Frycz Modrzewski, “Liber de moribus,” inhis moribus,” de “Liber Modrzewski, Frycz Andrzej For this quality Forthis of Modrzewski’sworks, see Waldemar Voisé, Forinstance, aconsideration of the problem of violence and social orderis completely absent from the most Ċ (Warszawa: Ksi trzne Kazimierza Jagiello As for my first point, the writings of the prominent sixteenth-century Polish thinker, Polish sixteenth-century prominent the of writings the point, my first for As To demonstrate this To to pursuefurther suggestion propose investigation intwo I ąĪ Commentariorum deRepublicaEmendanda Commentariorum ka i Wiedza, 1956), 27, 303. Ī no Ğ redniowiecznej by redniowiecznej Ĕ czyka w Koronie”. The same holds true for adiscussionof implications á kryzys gospodarczy,” kryzys 35 88 A number of examples can be drawn from Commentariorum de Republica Emendanda Frycza Modryewskiego nauka opa Przegl to illustrate his to illustrate deep ą d Historyczny á ugosz’s 90 LXXX no. 4 LXXX no. In another In 87 á ugosz’s Annales 89 Ĕ , caput stwiei It is It ą dy , CEU eTD Collection Ğ as some of the barons of as some impediments of to made of kingdom barons the the the many who resisted the introduction of for approval. And there the royal initiative failed. According to D 7Ċ palatine, Jan of led by Cracow the The minority, andsocial order. justice of conditions Rug expediency of such inquisition.an Themajority royalthe of viewedcouncil institution the of and AsD violence. by enmity were enforcing law the thwarted propensity nobles’ order the andmaintaining to the merchants and other people. and D other merchants the thievesagainst the ranged and criminals and the publicregularly roads who andkilled robbed institutionof regnicolis;” 2) “Oscitantia Kazimiri Regis in depellendis aut vindicandis subditorum iniuriis.” About the conatus de instituendi inquisitone Rug dictacontra fureset praedonescassum in abiit, reclamantibus nonpaucis introduce to attempts the hands of royal officialspursue to and punish offenders against the law. called crimes, of prosecution and inquisition establish an official was to measures essence of these The in1450-1451. palatinate in Cracow violence the tofightsocial efforts failed case the of with the tostart is appropriate itown time, during his order of maintenance concern with the 92 et iniuriis innumeris affectos non uideas.” 91 suae administros…” multorum improbitas ac nequitia, qui uel excitent alantque aliorum discordias tum perse, tum peralios leuitatis incidents hadfinishedthat without of fighting, wounding andhomicide. abuses of this right. In doing this, he stresses that for his time he knew of no gethering of men becausethe of erupted violence that contemporary scaleof the demontrates Modrzewski chapter of his work devoted to the necessity of forbidding the right to carry a weapon Modrzewski’s text. Modrzewski’s in implicitly looms stigmatized, and condemned though violence, private exercise to right noble inthe rooted justice, and law of understanding alternative an that true is also it some itsexaggerate vices.However, of to tended thisreason andfor society, contemporary that Modrzewski’s writings were conceived as a comprehensive project for the reform of redniowiecznym prawiepolskiem Ibid., caput XXVII,151: “Nulli sunt fere conuentus hominum,quibusin aliquot uulneratos, mutilatos, caesos J. D J. czyn, opposed this plan with vigor. Finally, the issue went to the diet of the Cracow land Cracow the of diet the to went issue the Finally, vigor. with plan this opposed czyn, as á ugosz Rug Again, it isitAgain, D To illustrate how D how illustrate To res optima etsalubris, . This special sort of inquisitionof put. Thisspecialsortmore executive to was designed into authority , Historiae Polonicae rug , rugowanie á ugosz notes opinionsnotes divided wereugosz the among the barons concerning á Rug ugosz, who offeres valuable observations about these aboutthese unsuccessful whoofferes valuable observations ugosz, , consult an overview by Stanis . 92 (Warsaw, 1933), 70-2. á Behind this initiative wasanidea of sharpening the struggle , 84-5. The accountThe given, 84-5. under is followingthe rubrics: Regis 1)“Kazimiri ugosz’s evidence echoed and reflected a broader communal abroader reflected and echoed evidence ugosz’s considering it as a remedy necessary for the improvement of improvement forit the asaremedy necessary considering Rug were clear. In his words, many common nobles as well á ugosz provides an account of how these plans for these plans how of anaccount provides ugosz 36 á aw Borowski, á ĝ ugosz, the motives of those ciganie przest Rug 91 This is not to deny not to Thisis , fearing that their that fearing , Ċ pstw z urz Ċ du w du CEU eTD Collection rediguntur aut in captivitate aut in mortem, mercatoribus prae multitudine furum nusquam est tutus incessus.” Casimir IV from 1454), 147:“Subditi vestry finitimosper intestinos etsaepe per et praedones proprios etregiminestatu consurgat venationum atque opera aliistractanda relinquat.” Ibid., visa est monstrasse, et aliquando pro defensione et tutela terrarum et dominiorum suorum atque illorum bono bonorum virorum, quas illis unus latrunculus intulit, et de quibus nec V. S.ullam compassionem aut memoriam (LetterIV fromto 128:Casimir 1451), “PerpendatigiturV. Regni S. ortibus pluribus gravi a cum impetatur laesuraconsurgere, sedest et avarii neclecta ad praedam diem hanc et in offensamquae illius provocantur defensione, eius pro et hostes.” reverti, presentiam expetebat (Letterto CasimirIV from 1451), 115: “quod pluribus iam exactis diebus vestrae Serenitatis et nuntiis et literis V. Serenitatis modicam curam adhibent pro defensione Regni vestry et vestrorum subditorum.” gravissime spoliis et captivationibus terrigenarum Regnum vestrum infestantes, … Et Capitanei atque officiales 96 assentire.” volo consecutionem et finem ipsius d. ad v. cum pariter irrecuse efficere et caeterorum maleficorum institutionem etcastigationem per totum regnum decurrendam adpraesens dignabitur sortita. Sique Serenitas est sua pariter non cum effectum Vrum. Dom. tempore Communi illo pro consensus purgatio ipsam terrae ipsa furum falsariorum resistentia proditorumtantum vel mea vestrum omni an reducere, per nullius alterius resistentiam et condictionem quam meam fuisse dilatam. Velint igitur v. d.memoriae forum praedonumque et maleficorum castigatione terraeque purgatione fuit inventa etquealias Rug appelatur “Innotuit etiam mihi qualiter ad notitiam Sermi. Dni. Nri. Regis esset deductum, illam institutionem, quae pro correctiones.” in regno vestro publice diffidatus, molestatus 134: “Audivit enim puto et intellexit v. s.quantis damnis, persecutionibus, spoliis eriam incendiis anno transacto Akademii Umiej epistolaris saeculi decimi quinti and Casimir IV. 95 proderet.” clamor 94 aut ipsorum fratres aut consanguinei, de furtis, spoliis et aliis multifariis forefactis fuissent notati.” 93 theft. and robbery from barons aspublic of kingdom who, the held, gossiplive fameand to accustomed hadbecome institution of such an official inquisition was notuseful necessary,or especially for the inquisition. the of course in the identified be would activity in criminal involvement relatives’ ortheir own sent by bishop and Cracow the D injustice which thefoundation endangered of be kingdom the regularly foundcan inletters and violence spreadof the on emphasis and repeated constant the instance, For time. that rapid expansion violencesocial of aswell urgencyas the issueinthis of the publicopinion of the middle of the fifteenth century. Additional sources can be cited to confirm the fact of the in facedby society Polish problem anddisorder crime the of with of concern seriousness the himself by publicly hisdeclaring support to introductionthe of inquisition.the he wasforcedjustify letter to Inhis againstthis initiative. having secretly acted accused of fromcan byevidence. of It suggested letter beinferred some other a Jan of T the official prosecution of criminals, as described by D Codex epistolaris saeculi decimi quinti Consult the letter by Ibid., 85: “SedJan et baronibus nec utilis nec necessariaof visa est, cum furtoT et rapto vivere assuetos publica vox et Ibid., 84: “peraliquos primores barones impedimenta non mediocre iniecta et subministrata sunt, ne aut ipsi, This and other evidence drawn from from D This evidencedrawn and other Ibid., Ċ tno 93 96 AtthisD point Ğ no. LXCVII (Letterto Casimir IV from 1448), 72-3: “Illos etiam nobiles de Wladzyn It is striking how the perception and assessment of the internal situation of situation internal the of assessment and perception the how striking is It ci Krakowskiej,(hereafter 1876), - 94 The fact that the communal appeal for amore effective system for , ed. Augustine Soko Ċ czyn from June, 1451, sent to the senators, gathered in Piotrków, in á ugosz’s Zbigniewpatron, ugosz’s Ole á , ugosz adds a further commentary,further adds thatthe ugosz a emphasizing vol.1, CXXI no. (Letterto King Wladislas III from the year1442), fuerim,et nunceadem expecto propterquaseas, effudi,nuper 37 á á ugosz’s historical narrative leaves no doubt of no narrative leaves doubt historical ugosz’s owski andJózef Szujski, vol.1, (Cracow: Nak Codex epistolaris saeculi decimi quinti sui et nostra gravimina, perpendat et mortes á ugosz, was quite strong, can be Ğ nicki, to kingsnicki, Wladislas to III no. CXXXV (Letter to CXXXV (Letter no. Ċ 95 czyn, whowas Ibid., ), no. CXII,121:), no. Ibid., no. CVIII no. Ibid., no. CXVIII Codex á adem CEU eTD Collection people who suffered from peoplefrom whosuffered activity the moved nolongercriminals of theruler. ideology ideology and government. andforemost among king’s obligations and was always conceived of as a touchstone of royal ofjusticemain source andmercy. peace his first Maintaining security among was people and royal authority. king the with of person the associated commonly Ageswere inthe Middle justice system of The king was considered the supreme guardian of the social himself InD business. justice toother devoted and order, the forimprovementof the state of steps the further undertaking about any became discouraged for introduction the inquisitionthe of in the historian 1450-1451, thatthekingremarks Describing the growing activity of criminals as a consequence of the failure of the royal plans establish in offailed to the attempts is noteworthy this behaviorepisode especially the Chroniclethe by ofJanko Czarnkow, Casimir describing the Great as“bonorum etiustorum piissimus tutoret 99 gravamensubditorum eum movebat.” 98 Jagiello criticism of politicsthe and person ofKing CasimirD IV. andunderstood condemned shortcomingsthe exercise in justice the of inclose tohis relation the miserable state of justice and for the collapse of social order. For instance, For D justiceof order. forsocial the collapse of miserable and state the for king of of first person all, the blaming, voices, multiple critical to in response Casimir IV justice. of return from Lithuania - its proceedings would be specifically devoted to reform of the system his the upon convenekingdom the dietof the to king’s 1456. Thepromise article speaksof promulgated at the diet of the nobility of Little Poland held in Nowy Korczyn in October, The influencesforin of instance, such demandscanbetraced, legislature. of one articles the royal the in repercussions its had justice of administration the of improvement and Ole Zbigniew as figures influential 'á descendendo…” capite, puta anostra Majestate, adsingula membra et subposita ac regnicolorum cujuslibet nostrorum, status regni nostridominorum et regni status justitia reddendaadministranda et super querimoniis, injuriis nec emendatione non defectibuset quibuscunque, incipiendo a instauratione duntaxat reformatione pro regni totius celebrandis, prout nostrae placuerit Majestati, indicemus, instituemus et celebrabimus conventionem generalem inprimis: quod captato congruo et competenti termino, in altero ex solitis locis pro conventionibus generalibus 97 Ole from emerges which kingdom the Forthe context of the late medieval Kingdom of Poland it is important to mention the famous passage from J. D J. Jus Polonicum, ugosz’s á Ĕ ugosz It is common knowledge that the ideal and practice of efficient government and a and government efficient of practice and ideal the that knowledge is common It This promise of the future amendments of the system of justice was formulated by czyka w Koronie,” 104-5. 97 Annals , Historiae Polonicae Provisions of the diet were analyzed by K. Górski in his „Rz in his Górski K. by analyzed were diet the of Provisions 298-99: “videlicet nobis deLithuania redeuntibus, satisfacere promittimus et spondemus, . The pressure from part of the political community, represented by such 99 It was, for example, generally believed that no lawsuit was , 85: “Verum Kazimirus Rex aliis rebus curam iniecerat, nec afflictio et afflictio nec iniecerat, curam rebus aliis Rex Kazimirus “Verum 85: , Ğ nicki, demanding sharper legal actions against criminals against actions legal sharper demanding nicki, Ğ nicki’s letters resembles opinions found in the found opinions resembles letters nicki’s 38 á ugosz’s words, the grievances of grievances the words, of ugosz’s á ugosz’s disapproval ugosz’s king’sthe of ą dy wewn dy 98 Ċ trzne Kazimierza trzne á ugosz Rug . CEU eTD Collection Koronie,” 84-90. Koronie,” the administration justiceof were considered the major signs of this crisis. perceived as social this period a time thatthe risecrisis, of of and violence anda decline in manydeny of people D itthat hardto bewouldHowever, rather this for to mark author the social period. accountexperience sum of and particular this up the by chosen deliberately was year the whether of question the to answer satisfactory a provide in his down put was Poles” the of Mores 100 (1454-1466). It is,D (1454-1466). It asimple that coincidence perhaps, justice was further worsened, because of the long and exhaustive war with the Teutonic Order and social order of state the Finally, situation. internal the on effect damaging especially infrom having consistent representing theas kings absencean lasting kingdom of the proper royal 1447, leavingthe The contemporary without kingdom government. sources are in throne Polish the to election his after even Lithuania in stay his prolonged king the conflict Little King group of magnates. elected Polish Casimir IVand ruling the which by interregnum the between was followed a sharpconflict (1444-1447), newly the of theuncertainties because of aggravated werefurther conditions in The kingdom. order the the maintaining of with thesituation death in battle of the of kingWarna, worsened the the Wladislascampaigns(1440-1444). The Hungarian of III unhappilywith wars, which ended its Thecrisis peakduring (1434-1438). Wladislas of reached period Hungarian the the III various magnate factions in the years of the nonage of Jagie of the nonage of the years in the factions magnate various The period of political history the of social this and instability, political which lastedfrom 1430s the to the 1460s. turmoil indecline the is justice.administration of provide It worthwhile to brief hereavery survey startedof with a fierce Wladislas Jagie following death of the internal struggle for the expectations. fulfill these power among However, the Polish kings of the middle of the fifteenth century failed in most situations to Quoted inStanis potens dominus seu nobilis pauperi audebat facere violenciam, sed in statera aequitatis omnia dirigebantur.” mortificari… calumniatores vero quos reperit, ipsos ferro ignoto faciein aduriquicunque mandabat. Nam Ipsius temporis nullus persecutor. latrociniasaevissumus sive furta feciebant,calumniatorum quantumcunque fuerant violentorum, nobiles, ipsos mandabatpredonum, decolari, vero, submerge et fame malorum defensor, as image king forof the formative as wererepresented These king’sjudgment. principales to the it wentfinally settled unless For ahistory of the conflict, consult: Karol Górski, „Rz The long period of political crisis and instability that the Polish monarchy entered monarchy Polishthe that instability and crisis of political period The long á aw Borowski, ĝ ciganie przest rex iustus, dispensatoriusticiae áá Ċ o in 1434 should be considered a major cause formajor the be cause a considered in should 1434 o pstw z urz Annals 39 Ċ exactly under the year 1466. One can hardly can One 1466. year the under exactly du w ą Ğ redniowiecznym prawiepolskiem dy wewn á ugosz’s “Censure of “Censure Depraved the ugosz’s of Ċ trzne Kazimierza Jagiello áá o’s son successor and son o’s and á ugosz’s generation ugosz’s 100 iudex supremus iudex Because of this , 38. Ĕ czyka w . CEU eTD Collection 40 CEU eTD Collection deploret.” 103 servitutem abducunt, ita ut paene iam tota terra Russiae et Podoliae sterilis et deserta hominibusquehuiusmodi plures insiliuntvacua sit,…“ atque ex improviso multa millia nobilium et sexus utriusque personarum in perpetuam illecti donis, promissionibus et suggestione, crebris vicibus in terris Russiae et Podoliae grassati sunt et in terras 102 sunt.” abducta partim rabiem barbarorum in nos desaeviat. Multa enim millia virginum et omnis sexus hominum partim trucidata Complevitdominus Deus furorem suum et gravissime se vosper offensum indicat, dum eius atqueira ultio per eorum ascenderat, utusque adsuburbia Leopolis grassati sunt, multasquevillas etiam ultraLeopolim depopulati. numerum inperppetuam servitutem cum rebus et peccoribus multis abduxerunt, intantumque furoret audacia transactis, Tartari v.s. et fidei catholicae hostes crudelissimi, terras Russiae ingressi, magnum catholicorum 101 losses in people, who had been either killed or taken captive by the invaders. bythe takencaptive hador in killed either losses been who people, of Lviv, settlements. furtherletter leaving The behindruined depopulated and huge stresses invasion of Galicia in that year. According to the bishop the Tatars Tatar ofthe thedeplorable consequences King hereported Wladislas from III letter went1442 to a as far as the suburbs Zbigniew Ole letters bishop, of The Cracow the incorrespondence. contemporary found due reflection problem this with deep concern raids, the Tatar Asfor the internal strife anddisorder. rise of rapid worsening in situation of the constant -the Tatar raids Galicia and period this during the in period.that Theevidence singlingmain out isconsistent two causes for the responsible in population the greatdamages of intothe region insights the experienced that and suffering many offer Contemporary sources by Polish 1430s-1450s. the crisis of heavily affected the most been have to seems which kingdom, the of provinces the among was Rus’ Galician invitation invitation attendto the forthcomingin diet Brze their peers in Little Poland from March 1451. It is a response of theboth materiallyGalician and morally, dignitaries can be found in a letter of the to dignitariesan of the Rus’ palatinate to raids, by ofhownobles feltTatar seriously devastated example local the particularly telling the building ruined in provinces nearfuture. the defenseless of kingdom’sthe borderlands aswell impossibility the restoringof andre- of the realization from the which came despair, alsoof reveals astate absolute letter The letter also1444. speaksof mentioningworth here from aletter baronsthe ofthe kingdom the kingfrom to August 26, and emptiness of lands the Galician of Rus’ andPodillya,because of invasions. the Ibid.: “nec Ibid.: putamus aliquem repeririposse, qui illarum damnamruinas, calamitates et miseriam digne Ibid., no.CXXV (Piotrków,1444), August26, 142:“…laceratumest perTartarorum rabiem, quialiquorum Codex epistolaris saeculi decimi quinti Voices about the deplorable situation of Galicia also came from the province itself. A itself. province the from came also Galicia of situation deplorable the about Voices Chapter 2 – Galicia and its nobility in the Later Middle Ages Middle Later the in nobility its and – Galicia 2 Chapter Ğ nicki, suggest that he was seriously concerned with danger from In from he Tatars. the with concerned was danger that seriously nicki, suggest Tartarorum rabies , vol. 1, no. CXXI, 134: “Diebus sequidem Pentecostem proxime 41 103 Ğü , pointing out the almost complete desertion . They . They apologize for beingcome unable to 101 It is also It 102 The CEU eTD Collection et hostibus premeretur, vastationibus et regalibus donationibus et obligationibus deflueret. Augebat etiam 105 dignitarios aliquos ex nostris ditigere,” universi paupertatenos et oppressi affectae sunt et tamsumus collapsi,undequaque quod nedum adprefatam oppressionibus adeo et conventionem respirare generalem nequiunt fiendamafflictae eiulanter Walachorum nobis imminare speramus, quae iam tam ab insultibus Tartarorum, quam perfidorum amolestiis et graviminibus 104 'á oftheirownership. records property manyof nobles, especially of those did whoRuthenian descent, possess not written hereditary the affected severely Wladislas III of policy donation the Moreover, community. unlimited distribution had seriously negative consequences for the stability of localthe noble this suggests that local courts the of in registers the recorded disputes of these number manytime. grants mortgage gaveriselarge bitter Thesecontradictory disputes. to The same the at several people to mortgaged were estates thesame cases many In policy. donation and inthe in chaos resulted disorder lands the palatinate the Rus’ of granted against the volumemortgages of high Wladislas The from policy III. donation suffered mostthe of Rus’ Galician of territory The wars. Turkish and Hungarian king’s in the participation mortgage as weredonated estates royal numberA largethe of Wladislas III. peak duringof reign the holdingsits reachedmortgage in a royal Grantingdomain the initiatedkings. Jagellonian by estates the to Polishflared upin local the noble hada community atthe mortgage widespread root of of royal magnatesdifficult nobilityconditions of in Galiciain the 1430sand conflicts 1460s.The numerous that and nobles byintoruin and extreme poverty due to the incessantWladislas Tatars and Wallachian attacks. collapsed had land totally whole them, the to According diet. the to travel of the cost bear the to afford not could themselves they times IIIhard in those that saying by non-attendance their as rewards excused The dignitaries of by kingdom. the enemies andafflictions”grave these oppressions for their anyof breathe the more“could because not nobles Galician thatthe complains The letter by Wallachians. invasionsthe andthreats dangerbecauseincessant diet of Tatar to the of the their formerlands in native revenge. joined and then the beennobles,Ruthenianplundered of Tatars, their estates, deprived having by reported A predecessors. detail D particularly III revealing which had from wereexpelled estates owners the beengranted tothem by Wladislas’ earlier manydonated androyal Asandtowns landsinGaliciamany Podillya. aresult, of old the J. D Ibid., no. CIX: “… quia tempore graminum instante invasiones et depopulationes Tartarorum in terris Russie ugosz. He relates that the king, satisfying the ambitions and greed of Herelatesthat and greed of king, Polishthe ambitions the barons, satisfying ugosz. á ugosz, The devastating effects of this policy for many Galician nobles were also noticed by noticed also were nobles Galician many for policy this of effects devastating The the added to internal strife raids, Tatar thenumerous of plague the to In addition Historiae Polonicae , vol.4, (Cracow, 683: 1877), “Multiplicanteritaque Regno Poloniae mala, ut 105 42 á ugosz is that some of issomeugosz thatthe of 104 CEU eTD Collection (The magnates of Little Poland in the fourteenth and the first half of the fifteenth century), (Cracow: century), fifteenth ofthe half first the and fourteenth the in Poland Little of magnates (The lwowskiej,”608-610; Stanis Polskiego TowarzystwaHeraldycznego, 1932),138-141; Andrzej Janaczek, “Ekspansja osadnicza w ziemi na W Rus’ fourteenth inthe fifteenth and centuries), (Moscow,1894), 34-8; Ludwik Wyrostek, istorii soslovij v Juho-Zapadnoj (Halickoj) Rusi XIV -XV vv. analyzed in Mykhailo Hrushevs’kyj, 106 Istoria Ukrainy - Rusy Galician Rus’. rulers, which imposed a set of particular obligations on recipientsthe oflanded in property of Galician noblesmaintained were andestablished mainly donationthe through policy of the rights the on Limitations onward. century fourteenth the of half second the from nobles Polish by privileges won of corporate the from in excluded advantages the They fact, lands. were, Polish other of nobility the of rest the from apart noblemen Galician set elite landowning Galician nobility.Beforeof 1430-1434,some status features of social the Galician the land of courts. the castle centers and land became the each of capitals The kingdom. of the parts in existing other those to similar land offices of hierarchy a and courts castle and land the of a system of implementation the by followed also with the centers in Haly centers the with lands Four “lands” werecreated, intoand “districts”. further subdivision palatinate with the the of One inGalicia. most system administrative the and law Polish introduced and elite landowning visible Ruthenian the to nobility thePolish of rights corporate extended the III, Wladislas son, effects issueWladislas privilegesBy theseprivileges, kings of 1434. Jagie the of 1430 and of the privileges Principality. Volynian was a change of Galician Rus’ into the Rus’ fourteenththroughsixteenth centuries), ekspansja“Polska Janaczek, Andrzej osadniczasee nobility, local the among w relationships ziemithe for consequences lwowskiejits and Galicia w XIV - XVI ww” (Polish settlementpossessiones, que quibus eiectifuerant, inducebant.” Forthe analysis ofthe donationexpansionpolicy of IIIinWladislas in the L’viv land desperatione compulsiin adTartaros confugiebant, the illosque postmodum vastandumet quandum ad terras Russiae et pressi et egestate inopia qui excludebant, illis de ethaeredes incolas antiqua impetratis, Podoliae huiusmodi malum baronum Poloniae ambitio, qui a Rege donationibus oppidorum et villarum interris Russiae et Hungary, Poland, andLithuania thefor lands the formerGrand Duchy of Haly of the establishment ofcampaign led byKing Wladislas Jagie PolishA successful transformations. political and rule institutional crucial of also but in crisis, social Galicia, ending an almost half-century-long struggle among Various aspects of royal donation policy and the nature of the noble landownership in Galician Rus’ were Rus’ Galician in landownership noble ofthe nature the and policy donation royal of aspects Various Ċ grzech i Rusi Halickiej The privileges of beThe crucial for privileges1430 and1434proved to social of the of developmentthe The final incorporation of Galicia Kingdom into the of Poland wascrownedby the Yet, forYet, Galiciafrom the period 1460swas 1420stothe the notonly of a time deep the 106 The royal donations illustrate that the king’s primary expectation from the (History of Ukraine-Rus’), vol.5 (Lviv, 1905), 23. á aw Gaw þ , L’viv, Przemysl, and Sanok. The formation of the palatinate was palatinate the of formation The Sanok. and Przemysl, L’viv, , (The Drag(The Sas - clan inHungary GalicianRus’),and (Cracow: Nak Ċ Istorija Ukrainy-Rusy da, Przegl Mo Ī now ą áá d Historyczny o and Queeno and Jadwiga in 1387 resulted in final the á adztwoma 43 , vol.5, 75-6,78, 80;IvanLinnichenko, (The features of estates in southwestern (Galician) southwestern in of estates features (The á 69no.4(1978),610; opolskie w XIV w pierwszeji po Mykhajlo Hrushevs’kyj, Mykhajlo Rod Dragów- Sasów á owie XVwieku áá o and his o and Cherty iz á adem þ - CEU eTD Collection i nadanieprawa Rusi polskiego 1911), 20; Mykhaylo Hrushevskyj, Piotrków privilege, see 109 108 pierwszych Jagie raids of the Tatars. That this was a burningstrong network of knightly able issuesettlements defend to borders the of Galician Rus’ againstthe for the eastern military policy a create to intention bythe king’s motivated wasperhaps Thiscondition wassituated. of estate the Polish up residencein the areawhere permanent the take from granteeto the requiredobligation privilegethe (1388). of Piotrków in nobility Polish the for stipulated was it as lance, every for marks five the of sum the paid nobility in 1426,when some nobles join refused to campaign,the requiringfirst that they be documents, see Su Irena Shevchenka which sometimesprotest. D led to heavy burden, as especially nobles an by Galician seen service the was military reasons, quotiescumque was performed military service the that specifies (henceforth - Hrushevs’kyj, v Zakhidnij Ukraini quamlibet expeditionem immanentem,” donationi adiunctum est servitium unum lancae et duorum sagittariorum in armis et equis valentibus ad D campaigns. military in participation the for nobles Galician for foreseen was provides interesting these detailsduties ofby any about or compensation sayingpayment that Wydawnictwo Uniwersytetu Jage events surrounding promulgation the of from privilege the 1434 byWladislas III D obligation previously issuedto did donations, that not include them. by bebestthis of canthis service demonstrated practice adding military the perhaps of implementation the to attached governors their and kings the which importance The estate. the of size the on depending varied men armed of number This campaign. military every for supply was to obligated whom grantee the people of armed of numbers the indefined terms grantees in Galician Rus’ was military service. The specific trait of such service was precisely the following addition to the donationcharter issued to Michael Buczacki by Wladislav Jagie 107 Medii Aevi Novae FoundationThe of Noble Estates Redin Ruthenia During the Fourteenth andFifteenthCenturies,” overview of the donation policy is provided by Andrzej Janeczek, “New Authority, New Property, New Nobility. J. D J. J.D During the During revisionof charters the issuedRus’ forHorodok, in1413 of officers royal chancellerythe made á á ugosz, ugosz, Two other obligations canbe regardedas military complementary to Theduty. first 63-4 (1905), no.7. For anoverview of revisionofthe information1417 and about two other Historiae Polonicae Historiae Polonicae áá , whichvirtually itssuggests ratherunlimited character. 7(2002): esp. 86-109. onów (Source materials on the socio-political and economic relations in Western Ukraine), Western in relations economic and socio-political the on materials (Source Jus Polonicum (Royaldocuments of state the of Anjou firstthe and Jagiellons), (Warsaw, 1977), 87-8. á kowska -Kurasiowa, Materialy (The privilege the of Jedlno granting theand Polish law to Rus’) ááRĔ , vol. 4, 548. , 543. For commentary see Stanis see commentary For 543. , Istorija Ukrainy-Rusy skiego,1966), 61-62. mostThe up to date and most thorough scholarly , 192. 109 ), ed.Mykhajlo Hrushevs’kyj, in in á ugosz conveys the story of story the by such conveysugosz a protest of Galician the Materialydo istorii suspil’no-politychnykh iekonomichnykh vidnosyn Dokumenty królewskie funkcja w i ich pa 44 , vol. 5, 85. For an overview of the provision of the á aw Kutrzeba, aw cum quibuscumquehostibuset ZapyskyNaukovoho Tovarusta im. 107 Przywilejjed In his account of the 108 Ĕ Perhaps for these for Perhaps stwieAndagawenów i áá o in1392: “huic á ne á ugosz also ugosz Ĕ Quaestiones skiz r.1430 , (Cracow, á ugosz CEU eTD Collection 115 tamen avene contributionibus, de quibus nobis ad tempora vite nostre respondebunt...” 116 114 1975), no.2560. documents of Little Poland), (henceforth - (henceforth Poland), of Little documents Wladislas Jagie graviora tumtributaonera he in from enumerates duties 1434, release Galiciannobility the extraordinary of 113 vol. 9, no. 13; vol. 2, no. 37; vol. 7, no. 23; Stanis Jagie by Wladislas Jagie issued privilege Brest in the mentioned also was nobility Galician by the oats of payment The (henceforth -Peshchak, 110 two of payment annual an of responsibility the disposal land,of endowed Rus’, which often follows just after a statement of permanent residence. kings by is frequentdemonstrated complaints about deficiencythe inof population Galician 112 111 Jagie Wladislas compiled duties andsentA these areavailable. Przemysl by Costko, toKing judge, report the illuminating for of crucial pieces evidence some more Nevertheless, than clause. a general contain anymention sufficient describe of themwithout them precision,or providing nothing presentin almost all charters, the privileges havelittle sayto about other tributes. Most do not an on metals estate. or other salt discovery the of gold, later or and released captured been had who aknight compensate needto the instance, for as, such circumstances, exceptional property.landed for substitute other estate an alreadyaddition, granted to right king reservedthe the Suchconcluded bargainas the his the triedenforcewell as or king to governors this provision. who a parties the that replacement clearly quite show nobles between transactions land of Documents rule. had more grantedproperty.the chance residence. thenecessity of sell This stipulated obtaining special royal permission obligation to permanent of of requirement the of a continuation being ways some in was and Rus’ of lands fulfilled in the case of some Peshchak, Peshchak, As examples, considerHrushevs’kyj, Hrushevs’kyj, See, forexample Ibid., vol. 2, no. 6, 14 and 19; vol. 4, no. 16; vol. 8, no. 9. Codex epistoliarisCodex saeculi quindecimi quinti AGZ áá o. , vol. 2, no. 4; vol. 4, no. 16 and 22; vol. 7, no. 10; vol. 8, no. 9. Royal charters are quite inadequate when it comes to noting other services. Except for noting services.Except whenit inadequate to arequite other comes Royal charters The second condition was conceived with the same aim of providing defense for the 116 Another source for the services of Ruthenian nobles is D Hramoty Hramoty Materialy áá áá o refers to a tribute in oats collected from all the nobles of Przemysl land. Przemysl of nobles the all from collected in oats a tribute to refers o o and included along with military includedalongo and military for with buildingservice, support the royal áá , no. 38. no. , , no. 51; no. , o for the Polish estates in 1425. This tax was to be paid until the death of Hramoty 111 , no. 6; Maria Peshchak, ed., Though few royal charters speak about the king’s privilege of free ZDM 112 ),(Kyiv: Naukova Dumka, 1974), no. 29and 70. it is likely that royal consent functioned as a generally accepted functioned asagenerally isroyal itconsent that likely , vol. 8, no. 2541; Materialy , which burdened Galician nobles during the reign of reign the during nobles Galician burdened which , ZDM , vol. 2, ed. Antoni Lewicki, (Cracow, 1891), no. CXLIX: “salvis á ), vol. 8, (Wroc 8, vol. ), aw Kura , no. 16 and 33;Peshchak,, no. AGZ 45 Hramoty XIVst. Ğ , vol. 8, no. 13. no. vol. 8, , , ed., grossi Zbiór dokumentów ma á aw: Zak from home, from is peasant which every (The charters of the fourteenth century) fourteenth of the charters (The á ad Narodowy imienia Ossolinskich, Hramoty á ugosz. Writing about the 110 , no. 20, 53 and20, 80; , no. á opolskich (Collection of (Collection multa et 113 114 AGZ In 115 , CEU eTD Collection Wallachian law became an important element of the king’s attempts to establish an effective an establish to attempts king’s the of element important an became law Wallachian of included obligation the and also cnezes the the to granted privileges, settlement special The privileges. as well as land the of part found villages or towns based on German or Wallachian law, and, in return, they obtained Soltys Linnichenko, Schultheiss headed The laws wereusually bythe on German and Wallachian settlements social in knowninCentral organization MiddleAges. the widely andEurope Eastern early 118 119 Halych-Volynian Principality and was a local version of the of the of movementsettlement Wallachianbased or lawsorassurvivalson institutions the German of in appeared asa intensive Rus’ either the of result Such Galician noblegroups the estate. weresituated margins of on the due social legal status, and peculiaritiesof to the groups, their structure of Galician society, and carried an obligation militaryof service. Members of these Kutrzeba, though singulis annis solvi, voluit esse temporibus perpetuis astrictos etobligatos.” Forthe commentary, see Stanis laneo posesso quolibet duas de avenae, ac duas siliginis mittere, mensuras homines suos et quatuorgrossos aedificationes monetecastrum ad usualis ire, sibi et mensae donatio sue aliquo regalisine gererent quotiescumque, et hostibus quibuscumque cum Poloniae, Regni successores sui et ipse que bella, quaelibet ad onera, 117 Jagie Wladislas of reign of emergence the preceded III, Casimir of time the as to as far donations weredefinedas landsecond case,theirin rights the and tothe property, hereditary rights titles of the recipients tothe donated estates. In firstthe case, the grantees were endowed with Generally, two property which variedgranted, dependingon distributionthe policy particularthe of ruler. types of endowments can be in money. singled out followingcastles, andanannual measuresof paymenttwo measures of two oats, rye of andfour the criteria of the legal Wladislas of fewOpole, with exceptions, of charters all the Almost Opole. of Wladislas of rule the during time first for the appeared Several examples of examples Several J. D J. AGZ , á , vol. 2, no. 6 and 14. 6 and no. 2, vol. , Ius Ruthenicale ugosz, wojts In addition, variousin groupsof populations privileged werewidely present social the This set of obligations remained almost the same in spite of changing legal titles of the iure feodali Przywilej jed Przywilej 117 iure feodali iure , Latin - Cherty iz istorii, and knezes acted as agents, endowed with special power and the responsibility to Historiae Polonicae, endowments aswell. were occasionally distributed á ne scultetus Ĕ . Chronologically, the hereditary endowments, first of which went back went which of first endowments, hereditary the . Chronologically, iure feodali . It is likely Ruthenianhad. Itlaw the that remainedfrom timethe of the ski áá , 16-7; Mykhaylo Hrushevs’kyj, 42. o, hereditary grants prevailed again in the royal donation policy donation royal in the again prevailed grants hereditary o, ), the ), vol. 4,548: “Sed dum relaxeret eorum multa et graviora tum tributa, tum endowments from the time of Wladislas Jagie wojts 118 (German - contain the condition of condition the contain 46 ius militare Istorija Ukrainy-Rusy Vogt, Latin - ius ducale . Settlemts on German and iure feodali advocatus iure feodali , vol. 5, 83. 119 , a specific model of model a specific , áá o soltys are given in Ivan given are grants, which grants, ), and knezes. ), . During the . During (German - soltys’ grossi á aw CEU eTD Collection other Polish nobles as offensive and incongruous with the public interest of withincongruous nobles of Polishother kingdom.the interest asoffensive and public the barons and prelates regarded the endowment of the nobility of Rus’ with the same rights as rei publicae offensivum visum est: presertim cum Wladislaus Rex mortuus , nontam amplam, nec tam largam et 122 121 temporavite nostre respondebunt, -ad unum iuset unam legemcommunem omnibus terris reducemus…” nostras regni Poliniae, eciam terram Russiae incluendo -salvis tamenavene contribucionibus, de quibus nobis ad without resistance on the part of Polish magnates. D magnates. of Polish thepart on resistance without Galician nobility. iscreditD If one to from release many types of other obligations. hasfrom inbyJan form been 1434, which conveyedpreserved the only D III Wladislas of privilege The in oats. tribute the preserving simply than further much went the Polish legal system in Galician Rus’. inGalician system legal Polish the 120 privilege of Jed of the king. Thepreservation of oats’tribute,the which had be to paidby Galiciannoblesthe upto death the the by same followed is fellows Polish their of those as preservationrights same the nobility Galician the of Wladislas Jagie of the oats’ tribute policy of be“Galician” the as can taken characteristics general which inconsistencies, serious is also innobility for supportfor hisreturn dynastic plans. Yetthis by stancepolitical markedwas included inIt theseems sons. his for textcrown Polish the keep that to time that at king the by of played at games dynastic a theintricate certain the with interdependent strongly were moment nobility Galician the towards Jagiello Wladislas of the king agreed nobility nobility,to theGalician wasmentionedBrest privilegeto inthe of 1425. enlarge Polish the of privileges the granting meant actually thewhich law, Polish extend privilegesto promise of the appearedGalicianJagie Wladislas of ofreign the of decade changeslast the During 1430s. the until in officially lasted nobles, thethe of position subordinate king’sand tributary the on based Rus’, Galician policy towards the Galician nobility.scale to the imprecision of the status and property rights of many Galician nobles. For the mobilitycharacterized social byhigh barriers. on and blurringsocial Thiscontributed alarge first was society Galician timemedieval late As aresult, Rus’. Galician a medieval late in defined defensesystem in Rus’. of nobility Galician Thisleft andnoble concept not clearly the status SeeJ.D Ibid., no. CLXXVII, #18. Codex epistoliarisCodex saeculi quindecimi quinti The privilege of Wladislas III from 1434 finally confirmed the new status newof from finally status the the confirmed Wladislas III 1434 The of privilege These types of relationships between the royal power and the noble community of community noble the and power royal the between relationships of types These á ugosz, á no, issuedno, byWladislas Jagie Historiae Polonicae, áá o. For instance, in the Brest privilege, declaration of the intention to grant intention to of the declaration privilege, in Brest the instance, For o. vol.4, 548:“Quod pluribus praelatis et baronibus Regni incongruum et , vol. CXLIX,2, no. #18:“Itempollicemur,quod omnes terras á ugosz, then the issue of then pass issueof ugosz, privilegethe didnot the 121 There are reasons to suppose obligation thissuppose that to reasons There are áá 47 o in 1430,which o theintroductionsanctioned of á ugosz relates that some of some Polish of the that relates ugosz á áá ugosz, referredugosz, to o the first signs first the o 120 Thepolitics 122 It CEU eTD Collection 123 124 51. 125 Przywilej jed pingneam libertatem praefatis terris dandam decrevisse scitus est.” Forcommentary, seeStanis nobility of Galician Rus’ declared the creation of a gathering of noblemenGalician heldnearby of town the Vyshnya on July 10,1436,the nobility pushed the tosetupaconfederacy. Rus’palatinate newlythe of created Atthe wasamain that royal initiative cause to the magnates’ opposition the likely is highly that in the Rus’ palatinate and attempted to expand their power by confiscating estates belonging by expand and estates to confiscating power in attempted their Rus’palatinate the – Odrow the Rus’ the palatinate magnate family mightiest lateby 1450s the conflictthe andof early 1460s, caused with the land. nativesthe of from the among Galicia: the kingpromised on that his stays inGalician he wouldRus’ judges employ only provision concerned the way in which kingthe wastoadministerjustice during his in visits important second The anddignitaries. local magnates of the consent obtaining the and without counsel taking without Rus’ Galician lands of the concerned that in matters act not to promise a made king the which in one was articles new significant most the Among amendments. alsoBesides document thegeneral the confirming some contained clause old the privileges, raids. againstTatar adefense inorganizing people merits ofthelocal issue the its was great IV. Casimir re-affirming asenseofintra-estate solidarity among nobility the Rus’the of palatinate. manifesting for and occasion an important such constituted as a ritual public event, a solemn Jagie Wladislas kings andthe of Jadwiga, Queen charters the for thecareof – L’vivthe down handed which citizens were threedocuments were altogether for safekeeping Rus’ palatinate of the privileges ingathered L’viv on July 31,1454. charter. It was issued placeby took for of example, in1454wasissue political the that action a special documented, in the names land.One on the of privileges of such preservation the the rituals, whichwerecentered of all the majornobles dignitaries as a local ofestate the Rus’ corporation. palatinate,king and defending their privileges and property. Sources who offer evidence of some collective actions and Codex epistolaris saeculi decimi quinti AGZ, Jus Polonicum, The political struggle of for Galiciannobility the their rights reached its peak during Two years later, in 1456, the privileges were confirmed by the charter of the new king, The royal privileges became the basis for the growing self-perception of for growingGalician the self-perception became basis the The royal privileges vol. 5, no. CXXXVI. 5,vol. no. á ne 125 Ĕ In its preamble, the document specifically singles out that one of the causes for ski 292-93. , 16;IvanLinnichenko, ąĪ s. They were the largest mortgage holders of mortgage largest holders of domains s. They royal were the , ed. Anatoli Lewicki, vol. 3, pars 2 (Cracow, 1894), no. XXXIX, 550- 124 Cherty iz istorii The purpose of the meeting was depositto all the major 48 123 ad manusfidelis , 25. conjuratio áá with aim the standing by of the o and Wladislas III. Described III. Wladislas and o of the L’viv citizens. There á aw Kutrzeba, CEU eTD Collection solidarity. a crucialabout rapid the brought nobility of from contribution to corporate period growth this Galician the of movements political the Thus, maintained. and reproduced was identity noble institutionalized of forms politicalthe of organization nobility,the which through local the the corporate consciousness of the local noble community. They developedinto the major of of consolidation process forgradual the significance hadgreat andas diets confederacies privileges. local Suchformsprotectand of corporate to meant re-confirm estate’s politics the nobles were number and of a considerable involved which actions, various collective through manifested mainly was activity political This nobility. local the of engagement political for intense the remarkable in Galicia, history of the endof beginningthe this the period and redemption redemption of Lvivthe andZhydachiv from districts handsof the Odrow the Odrow Andreas captain, L’viv andthe palatine Rus’ the of death sudden with the ended The conflict was signed by sixty four nobles of the L’viv and Zhydachiv districts and by the town of L’viv. Odrow against organized aconfederacy district by nobility.Zhydachiv nobleslandthe L’viv, of and of Lviv citizens the the Supported Kwartalnik Historyczny 126 to themiddle andpetty nobles. Odrow Fordetails see Antoni Prochazka, “Konfederacja Lwowska 1464 roku” (L’viv Confederationof 1464), ąĨ The establishments of marked of The establishments Vyshnya’ correspondingly the and L’viv confederacies , in intervention the1465, and subsequent of king,whichthe resulted in the 6 (1892): 740-78. ąĪ ’s resistancepolitics strong invoked among the 49 ąĪ in 1464. The document of The document inof confederacy the 1464. ąĨ family. 126 CEU eTD Collection 127 with ofmonetary fines predominance in a monetary The capital compensation. punishing emendable crime a was homicide law medieval Polish In homicide. of law the with overview acts. all legislative major in with reservations some wasadopted of rules set this century fifteenth whole the throughout and century fourteenth the of middle the from Great the Casimir of Statutes the from Starting prosecution. official of actions the on than rather crimes of and prevention the settlement tended tofavor judicial andprinciples which norms focused on incompromise dispute system law rapeand justice the of assault, In general, arson. and public criminal pillage, likeviolent crimes, designated as few majorpublic wrongs, againsta was conducted only the court by court the themselves.Prosecution litigants the to bebrought hadto accusation the that meant This accusation. private of principales the on itfor of was groundedfeature themost wasthat part system the of justice significant criminal violence. penalties and and dominate legalmeansof the of prosecution control fines evidently system the offences. andcompensatory to respect, of this payments tended In restricted to fixing the level of fines and monetarymostly was compensationPoland of Kingdom for medieval late various in the sorts justice of criminal criminal the on legislation Europe, medieval of laws other many Like society. Polish medieval late in violence of inimical andrelationships disputing strategies. will be alsofor useful understanding howthesebasic legal norms framedand provisions cope with criminal mostserious Suchanoverview offences. proceedingthe werechosen to the fourteenth and fifteenth centuries. This will help to clarify what legal means and modes of of in justice inthecourse to outline the of legislature sphere criminal of thedevelopment the understanding the context andcausesofenmity in fifteenth the century. Below Ishall attempt justice in thefifteenth-century Kingdom Polandof are of crucial significance for of administration the and system penalty the of functioning the of features fundamental Some M. Handelsman, So far as crimes against the person are considered, it is worthwhile to start the to itis worthwhile areconsidered, person the against So farascrimes The statute law of the fourteenth and fifteenth centuries reflects the ambiguous status theambiguous law fifteenth The statute reflects fourteenth centuries and the of Prawo karne w Statutach Kazimierza Wielkiego, Chapter 3 – Statute law and criminal justice criminal lawand 3–Statute Chapter in the Late Medieval Kingdom of Poland Kingdom Medieval Late in the 50 ex officio 143. had a very limited application and 127 A further CEU eTD Collection diet. See: diet. King Casimir IV informs the captain of L 132 efforts to tighten control over the crimes, see: A. Pawi 131 three years starting from the date of their issue. Most significant legal norms, which were which legal norms, significant Most issue. of their from date the years starting three of for a period beonly valid to declared they were that by fact was the diminished dietColo new instituted cases ones. and additional penalty.public Felons of convicted judges court murderof the or bailiffscourt liable werealso for an itBy late medieval incustom thewas prince. the Mazovia usually queenand to paid to Polski dopo gathered in the town inin gathered theof Colo town 1472. homicide appeared for the first time as clauses of the diet of the nobility of Great Poland, For example, an additional public fine, called fine, public additional an example, For special monetary in prescribed. considered some other cases which an was penalty additional 130 M. Handelsman, see: Great, the Casimir 129 68. pay to marcsfour the lord andsix marksto tothe of murdered relatives the person. had murderer the peasant a dead for and peasantry; the from raised nobles for marks fifteenth paid to the king the paid ( to murder, of Statutes convicted instituted the publicof Great fines,Casimir the be whichhad to on imposed the private penalty person the In addition to him for capital punishment. was unablepay to the plaintiff was entitled demandto from the court to hand the felon over to capital punishment and was paid to the family of the murdered person. If the felon refused or version of the statutes, the head of the killed man was valued at thirty marks. homicide regardless of the social status of the murdered person. According to the Great Polish the penalties for the crime of homicide. The statutes for Great of classification PolandhadPoland asimpler for issued Great statutes toLittle Poland,the contrast set up an equal fine for called nobles the for marcs thirty nobles; of murder the for marks sixty victim: gradationan Poland of fines,taking the proposed elaborate social the asguidance status of Pawi 128 Great. the of Casimir in visible Statutes the cases wasalready The evidence of the Colo provisions comes from the royal letter, dated on December18, 1472. In his letter Fora general overview of the fifteenth-century legislation on the homicides and the broadercontext of the For the penalty of Forthe development of a monetary payment forthe crime of homicide in the Polish medieval law, consult A. Statuty Kazimierza Wielkiego Ĕ ski, The fifteenth-century legislature extended the old categories and penalties for capital and categories penalties old extendedlegislature the The fifteenth-century These fines were a private penalty which represented a symbolic substitution for Codex epistolaris saeculi XV, O pojednaniu w zabójstwiewed á owyXV wieku ruszyca siedemdziesi (Warsaw: PWN, 1957), 529-30. , consult:S. Kutrzeba, , no. XLIX, 378. For the treatment of the cases of homicide in the Statutes of 131 ą t In the fifteenth century new legal amendments to the law of law the to amendments legal new century fifteenth the In vol.1, pars 2, no. CCXXVII, 270. ) and to the court ( court the to and ) Prawo karne Ċ á czyca about these important amendments that had passed at the Colo ug dawnego prawa polskiego 132 However, the effect of the promulgated norms at the 0ĊĪ , 161-164. Ĕ 51 ski, ruszyca obójstwo O pojednaniu w zabójstwie, pietna , was set up for, wasset the murder up of women. , 78-80;J.Bardach, Ğ , 29-33;S. Kutrzeba, cie 128 ). The law of homicide also homicide of law The ). The statute issued for Little 61-64. Historia pa 0ĊĪ scartabellati Ĕ obójstwo stwa i prawa 129 , 50- In 130 ; CEU eTD Collection via commisso.” See 134 court an plaintiffto appeal of decide wasgranted whobroughtthe option murder the the to commoner murderof the onthemercy convictedof a noble relied plaintiff.of the noble The foundCommoners murder the capital fact,the with guilty werepunished of penalty. In nobility. the of members the exclusively concerned homicide, of crime the for statutes from six witnesses testimonies expurgation demanded from such murderers, which hadthey toundergowith of support the penaltyto the mitigatedof penalty by detention. of was conditioned This procedure the public roads.Suchmurdererspay werebound to only sixty the marks without being exposed penalty for casualmurderers whohad the committed homicide while defending themselves on mode from separate of and type a proceeding outlawed.1496 established The Statute be proscribedjustice, anddeclared fearing hadto fled, the murderking’s the committed and felonhad who thatthe specified also of 1496 private Statutes The reconciliation. through avoiding the penalty by imprisonment, the law forbade the parties to settle capital cases Statute of 1496, see: prosecution of assistance the on explicitly rely to known was which homicide, of law the to amendment significant most the the crime of homicide had beto put in prison for a period of one year and six weeks. This was compensation paid to relativesthe for head the of murderedperson.Felonsfoundthe guilty of pecuniary penalty for crime the ofhomicide. Itwas imposed in addition to usualthe pecuniary and confirmed then bythe wasthe Jan Albert, of Statutes establishmentof non- a public, marks. casual murderersIt wasordained must bepunished that with a fine hundredone andof twenty wasdoubled murder fifteenth forcrimecentury. the pecuniary Great, the of the during penalty of division designated by these categories. two comparison In with the Statutes of Casimir the homicidae domorum, violentique 133 murderers ( was casual category The first committed. murder of the circumstances different the reflecting Jan from Albert yearsthe of 1493 and 1496. inof forcelegal acquired Coloby diet, King atthe initially Statutes the decreed promulgation The Statute of Jan Albert from the year 1496., the article “De homicidio in sui defensione casu praesertim in praesertim casu defensione sui in “Dehomicidio article the 1496., year the from Albert Jan of Statute The For the Statute of 1493, see: Needless to say, fine,upby aforementioned Needless byimprisonment or set the punishment to The most important fifteenth-century legal novelty, found first in the Colo provisions Colo in the first found novelty, legal fifteenth-century important most The The statutory law of lawcategories The statutory offelons, fifteenth century the of two out singled homicidae casuales VL, VL, vol. 1, 126.1. For the comments, see: S. Kutrzeba, vol. 1, 125-126. 1, vol. Jus Polonicum, 134 ) and secondinvaders wasviolent and murderers( ex officio ). The weight of punishment was differentiated along the line . In order to prevent those convicted of murder from 325, # VIII, “De solutione et poena capitis ocissi.” For the 133 52 0ĊĪ obójstwo , 16. Invasores CEU eTD Collection Ksi a on assaults offence.Violent this of criminal character public explicitly for the account death. the be sentencedto would fame. culprit the inthis, convicted of succeeded plaintiff If the good men eighteenth of body the from chosen witnesses reliable six of testimony the of support the that the fact of such an enactedassault must for have thebeen trialduringassault aviolenta house.on By of Statutes the proved1493 and was 1496aspecial procedure committed byof homicide of the crime the for capital plaintiff punishment capital instituted Albert Jan of Statutes casesbefore thewhich court withinvolved the and,then, diet, Cola the of provisions the first, century, fifteenth During the person. the violent assaults. It was established Kutrzeba, 136 siedmdziesi the homicide of cases such For victim. the of house in the committed murder, of cases for fines monetary already hadadditional Great the of Casimir Statutes thepenalty. The measure of the loading heavily as injuries, serious wereconsidered they circumstances inmurderor resulted publicroad. house or aprivate assaultviolenton a with connected closely 135 the social,legal and political reform of the Kingdom of Poland. becamesocial in one of of broadly central project the equity Modrzewski’s points envisaged of principles the on based homicide of law new a for call urgent An estate. noble of members legal from exemption norms, which forgranted capital crime the punishment murder of to vigorously and existing Andrzej the condemned especially, Modrzewski, Frycz Modrzewski. Wolan, Andrzej of writings sixteenth-century in the example, for developed, was homicide of law Polish the of criticism A devastating laws. divine and natural of principles major against went that as agraveinjustice perceivedbymanycontemporaries Poland. This was situation within estate body political the social medievaland late the of Kingdom and early modern of demand cutting off handof the felonthe instead of taking themonetary payment. suffered from the in cases the noble wasof wounding same The the to which compensation. applied principle violence at themonetary a and sentence death the between bychoosing commoner of convicted the fate hands of commoners. The injured nobles had the right to For the punishment of the violent murderers and its relation to the violent assault on a private house, see S. For further details consult Waldemar Voisé, Waldemar consult details further For ąĪ ka i Wiedza,ka i 1956), 239-45. poena capitis The severity with which the statute law upheld the prosecution of may assault violent law prosecution of the upheld which statute with the The severity With regard to the category of violent murderers, Polish statute lawit murderers,as statute conceived Polish of tothecategory With violentregard of In this way criminal lawstrengthen worked to position privileged the of noble the 0ĊĪ ą obójstwo t, paid to the royal court, andfine of court, royal the paid to was complemented by the imposition of special fine, known as , 72-3. Frycza Modryewskiego nauka opa 53 pi Ċ tnadzie Ğ cia 135 to the sons of the murdered sonsof the the to Ĕ stwiei prawie 136 Such assaults, if (Warsaw: CEU eTD Collection introduce capital introduce for killing the punishment for of relatives instance, were manifested, in the to efforts The legislation. Mazovian the by indicated direction in the severe more homicide fifteenth of the course In the kinsmen. murdering close felonsof foundguilty for capital sentence centurypenalties. the nobility this ascomplementary to added were andoutlawry Infamy estates. patrimonial the inherent of to be deprived right hadto the of his descendants such amurderer and established that Great the Crown of the Casimir Statutes The compensation. monetary of on centered of penalties pattern the strove to make nobility. punishment of the reputewith rest the and honor ingood andmadeequal be restored to circumstances for this theirhonor: by lostnobles outlawed wereforbidden amendment statutes’ the such under any typeSuch soughttheassistance outlaws toobtainoften their of relatives aroyal andpardon regain of borders. thekingdom’s hadfledoutside fortheftand outlawed exerciseand the robbery of been had nobles who on article contain an interesting Thestatutes of outlawry them. the upon was made more severe by confiscation the of all their property and by thedelivering sentence addition, punishment the of violentraiders, professional brigands,thieves, and highwaymen 140 fama etin sublimitate honoris poterunt adequari.” Consult also M. Handelsman, 139 138 puniantur…” incendariiet exustores voluntarii domorum arson, the article invokes thesupport of imperial law: “Ex lege imperiali clara luce nobis constat quomodo article, devoted to the punishment of the arson. Seeking to impose the capital punishment on those convicted of legislators of the Statutes of Casimir the Great. One of the most revealing items of evidence is provided by the fourteenthcentury Poland, it isworthlooking at the solemnphraseology and rhetoric, employedby the 137 “unmerciful” ( Statutes public the of penalty Casimirof Great, the crimes, whichmeantthat behadthey prosecuted to session were regarded as a breach of the royal peace as well. a court violence at exercised officials or judgesand royal asattacking Such arson. crimes royal peace was subjects. all royal to guarantee to atmeant was work in the prosecution “royalof the peace” theconcept andof which security state the order thesocial undermined of robbery crimes These “royal peace”. the to major challenge a considered were house private on the public roads, theft, rape and Ibid., no.XVI, 292: „Et infamem talem reputamus, neque aliis nobilibus,qui nunquam profugi extiterunt in Ibid For a better understanding of the significance of the concept of the public peace in the royal ideology ofthe ideology royal the in peace public of the concept the of significance of the understanding better a For Statuty Kazimierza Wielkiego . , no. IV, 259-60. The cases of the patricide and fratricide represented another important exception from important exception another fratricide represented and patricide the The casesof Similar to the violent assault, the law conceived and handled these wrongs aspublic theseand wrongs handled lawconceived assault, the violent Similar to the 139 140 See: In comparison with the Statutes of Casimir the Great, Mazovian law foresaw the foresaw law Mazovian Great, the Casimir of Statutes the with comparison In Statuty Kazimierza Wielkiego niemi , XXXVIII,no. 354. áRĞ ciwa ), wasenvisagedfor such horreorum aut quorumvis bonorum morte crudeli et inpiissima , L,no. 379-80. 137 54 siedemdziesi The same underlying of principle broken the ex officio ą t , whichby was, also called the . In accordance with the Statutes the with accordance . In Prawo karne, furta etlatrociniafurta 183-4. . 138 In CEU eTD Collection 511. Digesta 144 be higher not could wounds, all thanfor the capitalcounted fine, was alienof fines, to sum the Polish total medievalthe law. which to according Germany, medieval of in details by M. Handelsman, 142 pó 143 141 during fifteenth thefourteenth was Thisand instance,centuries. case,forthe of such a serious customs of unwritten the domain remained others law, while medieval statutory by late upon touched slightly only were times modern in theearly law the against offences and as crimes beenmighthave andviolent defined conduct of which legislation. types aspects serious Some law. a statutory of form in the implemented never was and failed initiative petition of nobility the Little Polandof senttothe kingin this1492. However, noble’s and crime, and The final size of penalty the as counted was thus a total finesthe forpaid each wound. meant eachwoundinflictedwas finedseparately. forthat governed wounding. It penalty the that principle important most the was payments of accumulation The offender. the and victim forfines imposed the social apenalty valued according wounding, standing to as the of was human body, like fingers, hands, legs, nose, etc. Similar to the law of homicide, the size of the important of parts provided most the of the differentiation, more worth the detailed defining Poland for Great Statutes the Instead category. general one, mutilation the under crime of the put for Poland Little statutes mutilation. The forof thepenalty in to Poland,regard Great issued and for Little statutes, between differences were considerable There separately. treated proceedings.bite appeared as during werealsoof thecourt a result Thewoundsthat dog’s peoplebefore –king the and atthe royal before court, royal captains, judges archbishops, and of some categories inthepresenceof thatoccurred bloodshed for reserved werepenalties mention injuries, by inflicted ( sword the wounds ( in involvedwounding. circumstances actof the the according to valueddifferently variety wounds, of of types lsited agreat Great of Casimir the Statutes occurred during collective brawls and discords ( discords during and brawls collective occurred whether wounds the withwere inflicted intentionsanddeliberate ornot, whether wounding Of the general numberof 166 articles, whichare found inthe Statutes of Casimir the Great (the versionof the Ī The system of fines for wounding, as it was elaborated in the Statutes of Casimir the Great, has been analyzed On the accumulation of fines for wounds inflicted, see: Józef Rafacz, Józef see: inflicted, wounds for of fines accumulation the On For the analysis of the petition from 1492, see: S. Kutrzeba, niejszego ), almost 100 articles dealt with the questions of criminal law. See: J. Bardach, In spite of the great attention Polish statutory law paid to the regulation of violence Pecuniary fines the fordominated punishment wounding andmutilation.Already the pro simplici vulnere 144 Ğ redniowiecza the principle the (Lwów,29-33. 1931), The author also points out thatthe norm, accepted by law the Prawo karne, nullum crimensinelege ) from the bloody wounds ( 164-167. pro vulnere gladiali 55 was unknown to the late medieval Polish medieval late the to unknown was 0ĊĪ in contentioneet discordia obójstwo vulnera cruenta ). Their amendments also specify , 71. 142 Zranienie w prawie mazowieckim The statutes discern simple discern statutes The Historia pa 141 ). The statutes also Ĕ ). Separate ). stwa iprawa, 143 CEU eTD Collection 'ą 0ĊĪ of public penance and pilgrimage, involved in the settlement of the capital cases, and its legal regulation in the in late medieval Polish regulation legal its law, see,and A. Pawicases, capital of the settlement the in involved pilgrimage, and penance public of terms of murderer had to undergo in order to compensate the wronged party for the crime committed. According to the 150 149 leave the country. See S. Kutrzeba, See S. country. the leave from 1453. This punishment148 was applied in a case when the felon refused to obey the penalty of 0ĊĪ polskim,” punishments, imposedpunishments, in cases of wounding. ( settlements of blood vengeance, ofmurdersuch cases public and and as penance pilgrimage 147 legislation. special penalty, as it was in the Mazovian law. a of worthy category of crime asaseparate by a wife murderhusband a of single the not out their enemy had a chance to escape punishment, evenin escape punishment, cases. had capital their enemy the to achance who hadjustified violentconduct intheir of terms a responseby to “beginning”the given giving the right to the defendant to use force against a person, who initiated a brawl. earlier inKingdom than theof Poland. punishmentfor byimprisonment those convicted ofmurder wasintroduced in Mazovia much concerned, are cases As farascapital principality. law Mazovian the of statute with the bestvisibleincomparison regulation,proper normative are andprocedural offences without constitution of 1588. See: P.D detailed regulation ofpractice the of “beginning” starting fromsixteenthcentury. the was This doneby the relationto the “beginning”. Consult prejudicates 146 145 - of detailed ‘beginning’ regulation the thiswrongdoing. of sort howver, Statutes, the notspecify did be kind what for was established punishment of the to of provisions law.The before courts of respond the Polish had to of crimeguilty rape, of the found felonsall that postulating custom, forbadeonly this evil law.German Statutes The spokethis crime.frequent of practice It the totake of refugerapists protection under the of the of treatment the to article asingle devoted Great the of Casimir Statutes The asrape. crime pokora, wró By S. Kutrzeba, In the Mazovian principality the penalty of detention for the crime of murder was introduced by the statute Fora detailed analysis of the There are only a few traces in late medieval statutory law referring to the practice of “beginning”. One of the bkowski, Statuty Kazimierza Wielkiego obójstwo obójstwo wró The gaps in the Crown statute law, which left many types and aspects of of criminal law,many typesand aspects left which statute Crown The gapsinthe wró Ī Ateneum ba , found in the Statutes of Casimir the Great, provides an opinion on the judgment of a brawl in Ī Zemsta, okup i pokora na Rusi Halickiej w wieku XV i pierwszej polowie wieku XVI , 74-77. Evidence , 74-77. ritualfor of the penance public from have Galicia beenanalyzed byP. , 38-45;J. Bardach, 150 ba the Mazovian law meant the pilgrimage, which was viewed as part of a symbolic penance, the Ī the murderer had to depart from the country for a certain prescribed period of time. On the ritual the On oftime. period prescribed certain a for country the from depart to had murderer the 0ĊĪ The Mazovian law also had imposed much more elaborate system of fines and fines of system elaborate more much imposed had also law Mazovian The ba 2(December1896): 389-401; P.D ), were widely reflected in Mazovian law, but found no place in Crown the found noplace law,but inMazovian were widely reflected ), obójstwo , 7. 145 ą bkowski, , no. LI, 383. See also: M. Handelsman, In vain one can look in the statutes of the fifteenth century for the for century fifteenth the of statutes in the look can one vain In inicium Historia pa 0ĊĪ Statuty Kazimierza Wielkiego Ĕ obójstwo ski, , see: A.Pawi Jeszcze razo w Jeszcze odpowiedzi polskim prawie Ĕ O pojednaniu w zabójstwie stwa i 148 , 85. initium The law of homicide promulgated in the Crown did Crown in the promulgated homicide of law The prawa,517-18. 151 Ĕ 56 ski, „Odpowied ( ą pocz bkowski, 149 The rituals accompanying private the Therituals ą tek , no. LX, 411. Statutory law only provided a ) – a customary practice ) –acustomary approved Jeszcze razoodpowiedzi Ī , wed Prawo karne, esp. 19-26, 33-47, 50-59; S. Kutrzeba, á ug obyczaju rycerskiego w prawie . (Lwów, 1899),6, 14-15. 169-170. 147 ; S. Kutrzeba, , esp. 937-61. wró 146 Ī ba Men and CEU eTD Collection evidence of the noble enmities, found in the court registers of various regions of the Crown. For the case of the of Rus’ palatinate, case see:the P. D For Crown. ofthe regions various of registers court the in found enmities, noble the of evidence 154 see: A. Pawi see: A. 153 152 151 legislation, see S. Kutrzeba, S. see legislation, Crown’s the in cases of capital enactment legal the in aspects important these of of vestiges absence the On Crown. the of legislation medieval late by the omitted completely be formsapproved pursued. in thevengeanceto waspermitted which thelegally for anddesignated was forbidden, which vengeance cases ofmurder, blood the exceptional end,stipulated must limits vengeance which the time after set couldencompass, regulating blood vengeance. They listed precisely the circle of relatives who the vengeance wrongdoings. itsfor members’ kingroup the of culpability collective vengeance andthe blood subjects. their of wounds fiscal interests of lords,the which offered them possibility the benefitingof fines from for the fine,would hecalled same the who pay bring his case to court to obtain satisfaction for his injuries. If he did not do this, it was then was obligedpeasant’s wounds. redress to wasemployedThepeasant principle to wounded The same other. the or either one prosecute whether to as to hada choice captain justice. The to andvictimexposed dangerthe whowere wrongdoer captain’s It wasthenboth the of wrongdoer court,then to the captain the fromhad the powertoprosecute wrongthe his office. legislation. in trend Mazovian the erupted that duringproceedings, the court canbe regarded as an illustrating forexemplary this themselves would be liable for afine. The fine, called victims the Otherwise court. to appeal an take to victims the for mandatory almost it made accusations tothe court. Some mechanismlaw and conceivedby legal sanctions Mazovian their bring to victims the in compelling consistent more much was however, law, Mazovian accusation. of private the matter a a great extent wasto wrongs of redress the mentioned, been As hasalready accusation. private meaning of conceptand the towards attitude some concern with problemthe blood vengeanceof in law the of Crown the are supplied by This lack of legislative regulations on the issue of vengeance in the Kingdom of Poland contrasts with the rich On the issue of the blood vengeance and the customs of collective culpability in the Mazovianstatutory law, Józef Rafacz, Fordetails, consult: Józef Rafacz, In contrast to the Mazovina law, the question of blood vengeance of almost tothequestion MazovinaIn contrast law, the was of case bythe isprovided a comparison of such example instructive most the Perhaps law in of Crown the between the andtheir Mazovia alsoThere were some differences Ĕ ski, 153 Zranienie w prawiemazowieckim, O pojednaniu w zabójstwie, Itis surprisingly how much splace inthe was Mazovian devoted statutes to ą bkowski, 0ĊĪ obójstwo Zemsta, okup i pokora na Rusi Halickiej Rusi na pokora i okup Zemsta, Zranienie w prawie mazowieckim 152 , 75. If victimbring If an neglected his to accusation the against 10-19; S. Kutrzeba, bite 46-7. , tohislord. Lying behindthis rule wereobvious 57 rocznica 0ĊĪ obójstwo , 64-86. , imposed for cases of casesimposed for of violence , . 154 , 17-21,45-8. The only known traces of CEU eTD Collection have beendiscussed in details in S. Kutrzeba, The statutes’ provisions regulating various aspects of the legal responsibility forthe misdeeds of other people 158 157 111. (Parliament.Law. People. Studiesdedicated to Janusz Bardach) (Warsaw: Wydawnicto sejmowe,1996), 104- in confederation), 156 155 provisions of Confederation so-called the from twelvethe of knightly 1438. kindreds releasedfrom if punishment they actingacknowledged on the order of lord.their tobe servants convicted the allowing legal custom older abolishedalso the Great Casimirthe family who heldtheirinheritance in common, undivided possession. to this provision was established concerningcollective the culpability membersof of the a Oneimportant exception incourt. themselves condition expurgated the they successfully that membersThe of court. in the the expurgation kin undergoing of group necessity the by were conditioned was however, freedrule, of the culpability for the relatives,other This wasextended versa. too. misdeeds principle to his andvice This of sons, crimes of their co-relativefor the father the of non-responsibility the of spoke norms legal One Statutes’ the of Great. on medieval Kingdom of Poland. canbe process This traced back tothe Statutes of Casimir the late the of legislation in the visible culpability of individualization the towards attempts are fictitious. it behind document the and event the both that suggesting authenticity its about reservations problem with issome documentthe of Confederation that this scholars haveserious beenhad confirmed by approved not dietor the byimportant Second, more an king. the even of bearof this particular mark group they kindreds. the Therefore, of a non-public lawwhich by asobligatory members note wereaccepted only that the to legalenactments however,these is It necessary, rape. or robbery, onahouse, assaults like crimes grave certain for committing membersthat withdrawhad supportingof kindreds from the to who wasnotorious akinsman seniors of these arbitration. through kindreds article Another Confederationthe of stipulated be settledby hadto the Such cases capital alliance. the belonging to members kindreds the of by been murder, whichhad committed from forbearance avenging itsof ordered rules for the penalty if it was proved that they had acted as instigators of their servants’ their of instigators as acted had they that proved was it if penalty the for form of offencesgrave ashomicide, raiding, and theft, serious wounds. Thelords wereliable activity his This of was especiallythe servants. case of the servant’s wrongdoings whichtook See: S. Kutrzeba, Maria Koczerska, “Composicio clenodium –fikcyjna konfederacja” (Composicio clenodium –afictional See S. Kutrzeba, Statuty Kazimierza Wielkiego Such inattentiveness to the question of vengeance can partly be accounted for by befor question ofvengeancecan tothe accounted Such inattentiveness partly In general, the statute law dealt at length with the culpability of a lord for the criminal 156 0ĊĪ Parlament. Prawo.Studia Ludzie. ofiarowane profesorowi Juliuszowi Bardachowi 0ĊĪ obójstwo obójstwo , no. II, 250-51. Forcomment, see:Bardach, J. , 48-9. , 19-20. 0ĊĪ obójstwo 58 , 10-15. Historia pa 157 The Statutes of Ĕ stwa iprawa 158 155 One , 516. CEU eTD Collection proprietor. In other cases, like the assaults on prostitutes, the penalty was substantially was penalty the prostitutes, on assaults like the cases, other In proprietor. his discovery and after crime immediate the of by executed the was pursued,caught athief if unpunished went murder a manner, asimilar In homicide. of crime the for liable not his and athiefa man declared had caught executed stealing as he was property that who was instance, Statutes the For murderers. and robbers, thieves, outlawed like notorious peace, from royal lawand the people exempted against ifdirected penalized atall not violence were dishonourablefelons or people. categories of exercisedcertain on vim virepellendo. 161 domino faciendum.” eo qui inculpatur quod familiaris suus domum violaverit,” “De servitore violatore domus fugiente, quid cum right: human natural the of norms basic the of one as sanctioned principle ancient an to according act to legitimate for as instance, was viewed, It conceptself-help. of understood widely all, justice formsconceivedinprivate andadministering expressed of termsof were the of legallyFirst wrongs. meansredressing of approved rangeof the among place considerable 160 reputentur.” viris probis inpares cum probos, dicere habitatoribus regni, fures et profugos servat et partiturcum eis rapta et male conquisita; tales non possunt se 159 act the hisof had without beenviolence knowledgeand conducted order. that stating oath-helpers two with oath an swear to in court appear to obliged then was lord been convicted of the exercise of violent assault escaped the royal justice by taking flight. The Additionally, lord the wasboundpersonal toundergo ifexpurgation his familiars who had for offence. penalty to the this criminal subject prescribed such familiars, washimself domestic out in violence Alord form the organizedof raids. whorejected proceeding against carrying of guilty found familiars their punishing and justice administering of responsibility pillaged goods. ashare the of took and servants their of activity criminal in the involved were who lords on infamy and outlawry of wrongdoings. The forCasimir Greatimposed, example,Statutes the penalty the of inicium quod vimvirepellendoevenit minime essereumhomicidii, of category the out amendments to lawthe onhomicide listedby of constitutions the 1493 and1496.By singling See: J. Bardach, VL, Statuty Kazimierza Wielkiego vol. 1,125: “De domus violatione et inea violenta vulneratione ac homicidio et complicibus eius,” “De vim virepellerelicet Private violence was also judged to have been not punishable, even legitimate, if legitimate, judged violencepunishable, even havebeen not Private wasalso to Private forms of the exercise of violence and law enforcement were allowed or pocz ą Historia pa tek can be also seen as one of the most evident expressions of the principle of homicidae casuales Ĕ stwa i , no. XVI, 292: “Similiter illum dicimus infamem, qui occulte insidiando . This was,principle forexample, clearly invoked in the prawa, 517-18. 159 , the provision , the that postulated The Statute of 1496 extended to the lords the 59 . The above-mentioned custom of custom above-mentioned The . 161 In some cases the acts of acts the cases Insome casualem homicidam 160 CEU eTD Collection inpignorant, statim spolia dividunt, nullam graciam cum pignorato facientes.” “Consuerunt 287: p. XV, no. Ibid., iudicesavari et eorum officiales, rapinas.” utpostquam pro penisiudicio in lapsis presumunt aliquos pauperes aut nobiles plurimas committere villanorum vel ville domini culpa potestatis, adaliquam villam inpinoratores accedentes, dampnabiliteret plerumque absque iudici mandato et sine oppressiones multiplices paciuntur, videliceteo, in quod catervatim et in turbis, nonper modum iusticiarie 167 166 inquirentes causam, dum potuerint, prosequantur iuxta iuris formam.” culpabilem et proximiores, consanguinei sed questionem, aliquam moveat non de hoc castellania quod 165 ofend the Middle Ages) (Warsaw, 1927), 9-10. wislickiego doko court sentences, and its abuses, have been briefly reviewed by J. Rafacz, by J. reviewed briefly been have abuses, its and sentences, court 164 revealing. See: S. Kutrzeba, See: revealing. encouraged forbade,but not only Statues circumstances, the different Under party. winning Statutes, show how much the execution of a sentence relied sometimessupporters played decisive rolein judgement. court’s the determining on the privatecourt hearings.familiars to Bymaking and threats makinga deal ofnoise, such bandsgreat of powerarticles states ofthat it was invictim. thethemurder a of customrelatives the by of many initiative litigants private of matter a to bringcompletely crowds of their relatives and homicide. byitsfinding Instead, provisions, and became proof anaccusation preparing the right of a castellan to set off an inquisitorial process in order to investigate cases of 163 misconduct. of this sort in involved were litigants judgesboth revealand that The Statues such estate. of a real pillage adjudication to the winner of the right to enter the estate of the the meant losing usually sentence,which of a court execution the of Statutes, article these to another party, often turned into of judgmentandenforcementa sentence. legitimate stages from differentof was admissible atstarting itsa dispute, initiation with and ending violence private of exercise the clear makeit that Great the of Casimir Statutes The dispute. couldbe from hardly exerciseforce the discerned brute of by involved parties, the in the agreement’s terms. breaking the for permit capital punishment farprivate to as wentso agreements Some such agreement. 162 brawl the occurred. in timesitting accused with atthe the when drinking and together an ale-house commoners have been known to ifwas befrom victim penalty the freedthe to noble were had wounded commoners who The by commoners. woundeda noble, of specific case the law concerning itis Inthis mitigated. worth referring one respect curiousin provision to the the Mazovian Ibid., no. III, 255: Ibid., no.III, “quiaperfrequentem pauperum inpignoracionem plerumque pauperesdampna plurima et Ibid., no. I, 248. The evidence of the Statutes of Casimir the Great, informing about the role of the private execution of the In this regard the terms of agreements, to which people submitted people which to ofagreements, terms the regard this In See: Józef Rafacz, Statuty Kazimierza Wielkiego, The evidence of statute law that some andprocedures legal actions suggests The evidenceof clearly statute Ĕ ca Ğ Zranienie w prawiemazowieckim redniowiecza 162 Self-help was also tolerated if it was part of the terms of a private 0ĊĪ 167 Such abuses of law, Suchabuses of thoughcondemned the andprohibited bythe obójstwo no no CIII, 518: “Item dumignoratur, quis commisit homicidium, decrevimus, (The enforcement of law in Little Poland from the Statute of Wislica to the 163 , 36. 60 , 89. 164 The Statutes abolished, for example, abolished, TheStatutes sub colliprivacione Ekzekucja w Ma 165 á opolsce odstatutu Another of its 166 , are especially are , According CEU eTD Collection the enmities and disputes of the nobility. in work wasconstantly at justice,violence law, and of interdependence law. This ambiguous actions aimed at law enforcement judgment.pursuitjustice The and of as justoppositeprivate wastrue –legitimate, well legitimate as actions or violent the self-helprepresent and cloak to litigants allowed It all. at visible could be denounced as not if andsometimes thin was self-helpsentence execution and too private court’s the of an offence against the judicial,formsviolent judgment. Theline of court’s pursuing the between wrongdoing, opportunity for forms private of lawinvolving enforcement repertoire abroad of extra- violence.for lawof The criminal private Medieval Late the vastKingdom of opened Poland the administration of justice and dispute wasgiven. verdict him the immediately after arrest settlement. nobleSuch a situationlost his casestimulated in the court,the demand he was left at the mercy of the winning party, who might 169 preter debitum furti, quod semper dampnati solvere tenebuntur.” captivitate manentes effugerint, a potestate ipsorum sunt liberi et soluti ipso facto et omni debito, quod tenentur, 168 nobles ( case of dispossessed to carry on with his However, ifclaim, the prisoner managed escapeto from jail, paid. the finally winner was would looseexcept the further penalty the rightuntil looser disobedient the forimprison to empowered was the cases of theft.adjudicatedfine beimmediately given into could hands The over the opponent. winner of an initiativesprivate losingin judgement.who Theparty enforcinghis/her refusedtopay court See the confirmation of the customs of the Cracow land by King Alexander: by King land Cracow of the customs of the confirmation Seethe Ibid., no.VIII, 271: “Postquam victi fuerint in iudicio,ad manussuorum adversariorum ligatitradantur.Et si in In muchgeneral, too ambiguity and underlay inconsistency normativethe principles of impossessionati, 61 seu 169 odarti alias 168 A similar rule was applicable in applicable was rule Asimilar holota VL, ). If such adispossessed If such ). vol. 1, 150.1. CEU eTD Collection crucial importance of the influence of medieval Roman law onthe formationof the Polish legal conceptionof legal historians -AdamVetulani andRomuald Taubenschlag 1930s.the in came to Bothscholars therecognize 172 Przewód s 171 Towarzystwa Naukowego, 1935),22; Juliusz Bardach, Vą substituted. from for citation, originated so-calledthe which short enlargedform the gradually was and the size and againstlearna defendant thebroughtsession was of him that charges type about essence able to of penalty he detailed description plaintthe of and claim.by a mandate,it Sued was only firstthe at court was liable for.a lacked amandateusually In contrast, courts. fifteenth-century practice of accepted generally Some historians the became which a summons, of larger version a was a citation that have been seems to believe that forms of summons The two mainthese mandate. between shape –citation and difference a mandate hisitdeliver adversary. hireand to to to abailiff register, in beitcourt towasrecorded sure judges the itpresent to the court, the of responsibility to plaintiff’s was the It initiative. of a private amatter completely almost was therefore demanding a thatheof wrongs redress from hadsuffered his Asummons opponent’s actions. charges, to respond to in court opponent his sued a plaintiff that meant a summons of 359 See tenetur.” solvere penam pentna vulgariter citacionem talem procurans vel citari procuraverit aliquem sine legitimo actore, vulgariter przezs povoda, talitercitato ipse citans vel 170 a plaintiff. without lawsuit no be pleaded against another in court. The general rule accepted by Polish law was that there could person thatone charges asprivate initiated law lawsuita In medievalPolish wasusually 4.1 Summons and the beginning ofthe litigation litigation. and action legal of possibilities pursuit of normative werewrongs and redress of enmity shapedbythe and constraints they were established litigation as of waging provide and legalrules the of procedures to important ageneral outline in is therefore It the context. legal inthe us course to comes enmity and violence noble about of evidence the fifteenth century. in Noblelegal contextof enmity the a developedAll operated and sophisticated system. This will allow seeing how the dowyw polski zarysie (wyk The origin of the Polish law of summons became the subject of controversy between two prominent Polish The plaintiff’s initiative in delivering a summons is strongly emphasized, forinstance, by Oswald Balzer, Consult, forexample, a frequently quoted article of the Statutes of Casimir the Great: “ut quicunque citaverit . For comments, consult Marceli Handelsman, Marceli consult comments, For There were basically two major written instruments by which a letter of summons took ą dowy, 172 47. Chapter 4 – The legal process and litigation and process – Thelegal 4 Chapter á ad uniwersytecki) 170 A dispute was started by Adisputewasissuing started asummons. Thedelivery (The outline of Polish legal process) (Lwów: Nak (Lwów: process) legal of Polish outline (The Prawokarne w Statutach 62 Historia pa Ĕ stwa iprawa 171 Statuty KazimierzaStatuty Wielkiego, , 137; Oswald Balzer, , 537. Przewód no. XL, á adem CEU eTD Collection 175 (February 19, 1451). 174 Vą 173 historico-iuridicae Lodzienses Iulio Bardach dedicatae Ğ detailed overview of the discussion is provided by ZygfrydRymaszewski, “Wokó The Answer to prof. Vetulani), prof. to Answer The pisemnego (Odpowied (Cracow: Nak Ğ plaintiff’s failuretoprovide thejudges with original an citation ( Pami w demand that a plaintiff had to present the original citation that had opened the suit. the opened had that citation original the present to had a plaintiff that demand was entitled to session adefendant Attheclosing of court dispute. the stage every citations at Moreover, itforwas the also important plaintiff be suppliedwith to allnecessarythe kindsof payment of the adjudicated penalty amde, orthe execution and of thedown sentence was tobehanded declared.be would sentence definitive the where session court the to defendant special second citation ( second citation special A litigation. stages of the atthe next beprepared hadto of kinds citations other suit, the oflitigation. course the Akademji Umiej Ğ Vetulani, Adam See: law. procedural Polish of the development the and emergence application.its A.on Vetulani based wascourts, also the first to indetify ecclesiastical of the rise of practice the the pragmatic and process literacy legal and its role inthe Roman-canonical the of role the instead of practice the of spread the proceedings. Thisexplains thecourt of in course the his allegations disputant overcome wastheone whowasable hisrival’s bymultiplying to counterarguments experienced lawsuit. The the of moment suitable advance them at to in order in reserve them The logic of dispute continually forced the litigants to look for new accusations and to keep pleading).private (basedon suits asprivate initiated were criminalmost cases however, In practice, offenses. saw the processual law of the Lombard summons. However, they differed in their opinions about the source of that influence. While R. Taubenschlag authenticity. sometimesthe plaintiff, cut off intoand thetwo other parts, was deliveredwhich must to thehave defendant. served asA lettera confirmation of summons was of its redniowiecznego pozwu polskiego” (Toward the problem of medieval Polish summons), in: summons), Polish of medieval problem the (Toward polskiego” pozwu redniowiecznego redniowiecznym procesie polskim redniowiecznym procesie polskim dowy Ibid., vol. 18, no. 2726. Examples of “meliorando cittacio” can be found in be found can cittacio” “meliorando of Examples Consult, Ğ meliorando cittacio redniowieczu” (The influence of roman-canonical law on Polish writen summons in the Middle Ages), Middle the in summons writen Polish on law roman-canonical of influence (The redniowieczu” Ċ tnikHistoryczno-Prawny , 77. The pursuit of a dispute was an endless process of mustering the litigant’s litigant’s allegations. mustering the of process was endless an a dispute The pursuitof A written citation was usually drawn up in two identical exemplars – one was kept by identical waskept –one exemplars upintwo wasusually drawn citation A written VL, á 173 adem Polskiej Akademii Umiej Ċ tno By the statute law acitation By statute the vol. 1, 150.2: “De intercisis cittationum componendis.” See, also Adam Vetulani, Ğ ci, 1925);ci, Idem, Ī p.Doc. Dr. A. Vetulaniemu)” (Once Again about the originof Polishwritten summons. , which allowed a plaintiff to add new charges to his original citation in citation original his to charges new add to plaintiff a allowed which , 174 concitatio Besides the original citation with which one of initiated oneof with parties the which citation Besidesthe original vol. 2, no.4(1931);Romuald vol. Taubenschlag, Pami (Summons in medieval Polish legal process) (Cracow: Nakladem Polskiej (The originof the writtensummons in medieval Polish legal process) Ċ “ tnik Historyczno-Prawny Wp libellus , or á yw procesuzasad rzymsko-kanonicznego polskina pozew pisemny przypozew/przypowiast as the main source of the reception, Adam Vetulani emphasized Vetulani Adam reception, the of source main the as Ċ tno Ğ ci, 1931);ci, Idem ex officio 63 ( AGZ à ód Ĩ , vol. 381(April20,14, no. Ibid., 1442);2403 no. , 1997), esp. 66-112. vol. 2, no. 4 2, no. vol. (1931): 272-293.A useful and was reserved majorforonly criminal , “ ) had to be issued tosummon the Jeszcze o genezie polskiego pozwu polskiego o genezie Jeszcze citacio originalis prioris Geneza pozwuw pisemnego Pozew s á problematyki ą Symbolae dowy w dowy 175 Pozew A ) CEU eTD Collection polskiego”,79, 85-6, 93. summons. See, comments by Zygfryd Rymaszewski, “Wokó their for proofs crucial ofthe one as conceptions mistakes orthographic for summons of texts of of scrutiny the the to paid decisivelitigants influence of the by Romuald Tabubeschlag medieval Adamand Vetulani.Both considered historians theattention,which judges and Roman law on the origin179 of the Polishknezowi etprocedural non est cittatus litera.” law of transtulit…, quia nonfuit ausus ipsos hominess iudicare... quiapro ipsis hominibus datus est terminus facialis no. 25(February Ibid., vol.December15, 1424);no.198(after “Etdoms. 9, 1457): Vicecapts. Terminum citacionis habuit. Ideo eisdamus adinterrogandum quatuor ad septimanis.”For similar cases see vol. 11, Ibid., Fredricum citaverat. Quare dominus Fredricus voluit habere pro lucrato, quod ministerialem nec literam videre literam citacionis et domina Steczkowa literam non habuit, sed cum ministeriali ipsum dominum dominum fredricumquod citaveratasserebat, proSteczkowa violenciadomina scilicet,quia eo, quodpro eiiure pignora invicem repercussit. Sed dominus contendebant FredricusSanocensis volebatGladifer Iaczmirz 178 proces polski 177 777. result inresult even thejudgmentlawsuit. or delaying the terminating could claim. They opponent’s the andchallenging of ausedstrategy werewidely procedures cittacio were usually denounced and in asclassified sources the Citations inthe of way wrong course alter the composed a dispute. of wasableto summons texts in the mistakes insignificant and small very sometimes of identification and examination The be fatal. to out turn could opponent, the by if identified a citation, of text in the mistake opponent. additionally by supported textthe of a written citation,be could effectively by refuted the assistance of the court bailiff, were regarded as insufficient. Such plaints and claims, if thenot situation and he would lose his suit. ( citation second the of availability the his second citation against Czeszik ( Czeszik against citation second his law. fifteenth century by of diffusion the legal which of course was deeplyaffected the the In writing. process, the written citation became the predominant form of suing an opponent at having been laid down laid been having ( peasants. Stanislas Bandtkowski lost the case, because hefailed to produce in the court the text of his initial1475. The dispute14, plea concerned the murderNovember of brother, on Stanislas’ JanBandtkowskidated byone of Czeszik’s the record, by the reported are disputes the of details The Riterowycze. of Czeszik Peter 176 becould denounced as madea way pleading, of citacio originalis prioris Errors in the texts of summons, and their role in the late medieval Polish legal process were carefully studied carefully were process legal Polish medieval late the in role their and of summons, texts inthe Errors This was, for instance, the case of the litigation between Stanislas Bandtkowski and the Sanok chamberlain, Sanok the and Bandtkowski Stanislas between litigation the of case the instance, for was, This The oral form of pleading was still recognized by the Statutes of Casimir the Great. See: Józef Rafacz, Józef See: Great. the of Casimir Statutes the by recognized still was of pleading form oral The AGZ 177 , vol. 1916(May11, no. 26,1444):“Ibidem domina Steczkowa etdominus Fredricus deTarnawa de Suits initiated exclusively by andoral pleading made,forinstance, summons, with Citations had to bestrictly according had composed rules. Theslightest Citations to established to The procedure of summoning/pleading was one of the most significant elements of of most ofthe elements The significantsummoning/pleading wasone the procedure . 179 178 Suchimproper summons ground fertile forcreated manipulation the legal of (Warsaw, 1925), 108. non iuxtaiurisformam ) against Czeszik. Therefore the judges regarded his allegations against Czeszik as Czeszik against allegations his regarded judges the Therefore Czeszik. ) against concitacio concitatio 176 ) was considered insufficient by the court, see Ibid., vol. 18, no. 18, vol. Ibid., see court, the by insufficient considered was ) . The fact. The thatBandtkowski at hisdisposal had the document of 64 ) in the hands of the plaintiff would not save non iuxtaiuris formam á problematyki mala, inordinata, indecenta Ğ redniowiecznego pozwu . In such cases even Dawny CEU eTD Collection citacionis.” festum Spiritus sancti et nonplura. Et propterquam indecenciam rogo decerni michi penam cum lapsu Pentecostes etnon debet scribi “sanctorum” tantum debet scribi ‘festum Pentecostes’, quia tantum est unum assignacionem termini incittacione contenti, quia incittacione est scriptum feria sexta prox. ante f. sanctorum cittacionis omisinon et nunc omittonon cittacionein contentos; et primo dico contra indecenciam cittacionis et audivit, quia ego dixi: antequam adcittacionem et proposicionem Nicolai Romanowszky respondebo, defectus 183 Roza.” ipsum evadere volo eo Balycze et non est scriptum in ipsa citacione nomen meum propirium videlicet Nicolaus, ergo citacio est mutaet citacio, iuxta quam superme proponit, est mutua alias nyemy, quiaest inscriptum inea: tibi nobili heredi de ac inordinta condemnacione super nob. Nicolaum de Balycze proposuit. EtBalyczsky dixit: domine iudex, ista 182 181 evasionem.” peto nuedosthatheczne, scripsit me dapiferum Leopl. Et ego sum Premisliensis, et propter hoc sunt concitaciones insufficientes alias quia meritum meum in istis concitacionibus stat aliter, non ita sicut Andream estgsum. meum meritumcontra et hoc in isto,seorsum, quia quolibet pro Czurilo de Sthoyanicze Dapiferumconcitaciones, Premisliensem. duas iuxta Qui respondit domine Iudex,satisfacionem affecto evasionem et affectavit hoc ideo, concitatorio Holy Spirits. Holy many, not one, only was and Spirit Holy the of holyday the meant Pentecoste Pentecoste. to in reference irrelevant completely was plural in the “saints” word the putting that emphasized reasonably defendant the of representative The nonsense. was arguments defendant’s the saints of Pentecoste” of saints “the sixh holiday of beforeday the nearest asthe wasindicated date plea.The plaintiff’s in session waswritten down the court appointed wrong,the the “disgraceful”waydateof the representative accusations the in to of response it that has report suit. One the quit for aclaim to pretext the defendant did not miss an opportunity to draw the judges’ attention to 180 person. sued the of name first the indicating without surname the only contained text the since for rejectingasummons. asacause be considered often couldcourt ofmensuedat in found titles the mistakes issues. The awiderangeof covered in summons mistakes grammatical identifying of expertise of field The courts. Galician fifteenth-century of the legal the practice in a commonplace became judicial expertise of Thissort disputes. the conducting of modeprocess penetrated literate of thinking the how into characteristics of the text of a summons by the disputing parties offers one of the best insights Rex Polonie in form in was written Orzechowski’s summons grammatically incorrectdown instead– of title royal the indicated, Sliwnicki as because, Sliwnica of Irzman Jan to court land Przemysl seriously if identified in titlethe of a king.In 1504 Alexander Orzechowski lost his case in the Ibid., vol.17, no. 4047(June 1504):7, “Exadverso procuratorAnne dixit: dom.Iudex, vestra dominacio 622(March7, Ibid., no. 1475):“Nob. Roza Nicolaus de citacionemGorky actor[iuxta] videlicet indebita pro Ibid., vol.18, 4254no. (April 11, 1504). AGZ, 182 The multiple evidence of very detailed andcareful scrutiny contentandthe formal of vol.17,3097 no. (March4, 1499): “Gsus. Iohannes Fredro de Pleschowicze actorin termino Incorrectness identified in the names of the saints or holy days was used as a as used was days holy or saints the of names the in identified Incorrectness ithad 183 In another case the defendant developed the opposite line of arguments, Polonne ( feria sexta prox. ante f. sanctorum Pentecostes sanctorum antef. sexta prox. feria . 181 The summons could be challenged by itclassifying as“mute”, 65 180 This sort ofmistake was taken very ), which, according to CEU eTD Collection citation by touch ( recourse to any form of written summons. Among these exceptions was first the so-called of phrases Latin corresponding in the of tenses uses different processus so-called the – law procedural Polish of regulations legal of collection official liable for apenalty marks. three of legal case.A whocompiledplaintiff and anerroneous presentedtoacourt citation was only omissionsmistakes of titles, dates,etc., bring innames, shouldan not annulment about of the confirmed by Kingthe in Alexander 1506, proclaimed thatall found errors in likea summons, land, of legislation. Cracow the The Customs so-called in the statute by abolishedprovisions emerged summons around the written in and resulted procedureswere scramblingthe court of as a serious impediment tobringing the opponent to the court. mistakes in the texts of summons. Such mistakes in the text of a summons were not tobe seen The blamedparty for the breach andcourt suedat made aspeciallooknot promise for to petty future lawsuit a of in case envisaged which conditions of the asone stipulated specifically sometimes was mistakes which erupt as a resultproperty, money, and so on. The exclusion of of close examinationthe of the text of violationa pleadingfor concerning contract make a to came who people between regulation special of object of the terms of Theissue manyfeared litigants. legal by of was disputes the agreement. serious faultin thesummons. for some small fines. 188 proces polski indecentiam cittacionis aut concittacionis, illud nonobese sed prodesse mihi debet.” 187 citaverat.” citacione stat capitali prima et hoc eo,in quiaincitacione stat, quia ipsum cittat et inconcitacione: ideo ipsum Iudex, decernatis michi evasione et hoc ideo, quia doms. Vladislaus magis proposuit inconcitacione quam in 186 quia non est descriptus in ea: millessimo.” Nicolao epo. Premisl solvere in manus mfi. Spithko de Iaroslaw Palat. Russie, pro inordinata data incitatione, 185 sanctos.” hoc ideo, quia in ipsa data continetur: “datum Leopoli feria tercia ipso die Iohannis et Pauli’et non nominavit eos 184 “thousandth”word ( John and Paul. names the Saints of to “saints” adjective for the adding negligence of theplaintiff accusing 189 Ibid., vol.18, no.2348 (April 8, 1494): “et ulterius quod dominus Stanislaus obligatus est, quodsi haberem Ibid., vol.17, no.3909 (July 22, 1502):“Eadverso a nob.procurator Iohani Lopaczynsky dixit: domine vol. Ibid., 86 (June 21,1474):19, no. “Iudicium decrevit tres marc.pene super in Christo patre rev. dom. Ibid., vol. 2697(July 15, no. “qui Vanyko28, 1498): evasit prefatos propter homines indecentem datamet VL, Corpus Iuris Polonici vol. 1, 149.1, “De data, titulo et literis abecedarij cittaciones destruentis.” There were a few exceptions, which permitted initiating a lawsuit without having without lawsuit a initiating permitted which exceptions, afew There were of of 1523. , 114. 184 The omission of some words in the date of a summons, like for instance the pozew taktowny 189 millessimo , ed. by Oswald Balzer, vol. IV.1 (Cracow, 1910), no. 16, cap. 5, p. 50. 185 In their search formistakes litigants would go sofar as to consider the 186 ), was also indicated as a cause for the liability litigant the of liability the for asacause indicated was also ), It can be suggested that this seemingly insignificant aspect of insignificant aspect seemingly this can besuggestedthat It ). The citation by touch The citation bywasprobably most). touch as often utilized 188 A similar legal norm was promulgated in a major 66 indecenta cittacio cittacio 187 Most of the abuses that abuses the of Most and See also Rafacz, could become the could become concittacio Formula Dawny as a CEU eTD Collection w dawnym prawie polskim,” 193 w zarysie 192 191 cum ipsa Zophia iure experiretur alias prawem rosparlsya exaudita querela, super que eum querelata fuerit.” alias thkni hunc nobil.Prandotha Vilga,ex quo stat hiccoram iure personaliter, ut aiure non recederet, donec 190 some about from norms vary whichcould of of litigation, rules of the prescribed conducting called (so court royal resorting toawritten citation. One of them concerned a summons made during sessions of the verdict. of the delivery the after immediately tothewinner court the in lost hiscase had who alitigant over handing the norm of listed which Great, Casimirthe of such forms of enforcement of court judgment are still clearly visible in the Statutes of forms sentences.Traces court from brutal of enforcing moresevere and process legal century a form of convincingly establish a wrongdoer’s guilt( made findings if insome that itinvestigation resulted to bailiff’sthe scrutiny possible A by couldcrime hadbeen committed. begiven summons a bailiffintheof orally course an was foreseen for cases in which a courtbailiff a wrongdoer immediatelypursued his after querela recederet, doneccum ipsa Zophiaiureexperiretur alias prawem rosparlsyaexaudita ( exercised” been have would law the and finished been have would allegation one legal do:“…notrecord allow him recedefrom to lawthe until her listeningthe to in articulated is nicely idea This him. against complaint his finish could plaintiff the before from from defendantwithdrawing courtroom the topreventthe procedural step legitimate in Inthis was seen by room aroused way,acitation court between opponents. touch the as a whichbailiff wasdramatize by tensions a gesture, constraint, physical symbolic imitating bailiff: a to theaddressed quotation plaintiff, of a direct init usually describe of moment dispute, the this highlight that records Legal charges. plaintiff’s to listen to him forcing thus adversary, hold bailiff took of an or touched a court plaintiff, requestof the the Then,defendant. at and plaintiff byboth attended whichwere proceedings, court mostoften at occurred touch by a citation to Resorting penalty. and damages adjudicated for already aplaintiff compensate principles of principles For this aspect of the Polish legal process in Late Middle Ages, see: Józef Rafacz, “Zasada dyspozytywno “Zasada Rafacz, Józef see: Ages, Middle Late in process legal Polish the of aspect this For All three types of oral summons were discussed shortly by Stanislas Kutrzeba, Ibid. AGZ, vol.1505): 4155(April17, no. 21, “Et recepto procuratorministeriali Zophie dixit:ministerialis, tange, There were also some other possibilities of bringing a case to the court without According to late medieval Polish law, the dispute settlement was governed by governed was settlement dispute law, the Polish late medieval to According ). bailiff hold (tange alias bailiff tkni) herenoble Prandota Vilga… , (Lwów-Warszawa-Kraków,, 1921), 66. 191 Some scholars came to argue Some by acitation that fifteenth to scholars came developed inthe touch concittatio ius dispositivum , the second citation - needed to summon a defeated defendant to rok nadworny Przegl . ą 193 d Historyczny This meant that litigants could arrive at a private agreement a private at arrive could litigants that meant This ). Another form of citation without a written summons , vol.XXVII.2 (1929). lic, rok licowy, ocularis 67 ). 192 . Dawne prawo s polskie 190 Such a touch by the ut aiurenon ą dowe Ğ ci CEU eTD Collection delegate the duty of delivering a summons to any exceptabailiff. person, other to asummons duty the delegate delivering of to permitted judges werenot court that by especially postulating made clear Great point this a disputant. summons and A inannouncingto of asuit theStatutes paragraph Casimir the as the thirteenth century. summons must be handed personally to the defendant. Some defendants insisted on the on insisted defendants Some defendant. the to personally be handed must summons of whetheraletter was became controversial highly of Andelivery which aspect court. court session. next the to case the in postponing resulted a bailiff present to failure A plaintiff’s delivery. be by judges so hecould detailsto andabout the the of there, interrogated be defendant the until the bailiff who had delivered the summons was presented to the court. The bailiff needed customary norms, adefendantwas declineentitled to a plaintiff’s anyresponse to allegations Customs ofCracowLand legal due andlitigationprocess on relied servicethe of bailiffs can further be seen from the ipsorum…” see in see ipsorum…” respondere noluit, donec idem ministerialis conspiceret, ubi iniuria dicte est illata secundum cittacionem the legal practice of the Rus’ palatinate. Consider, forexample the following record: “quia sibi idem Nicolaus 196 of judge. presence The givenprovision mentions one exceptionfrom this rule that is crimes, committed ina courtroom the in aliquam aliam personam quam per certum suum officialem seu ministerialem faciat et expediat suas citaciones.” ( officials bailiffs. longinstitution court from bailiffshad history originated that of The a special court intoconsideration the takingof role without inparticular, ofsummoning and procedure the of general, in process legal Polish modern early and medieval late the of think to impossible is It 4.2 Bailiffs litigants. of andmotives the interests tothe according reconsideration 195 of the norms application restricted shows All this one. final as of case the hearing firstthe the establishing of statute by a sentence delivering and a case forsessions considering needed numbercourt of law, which did not operated as 194 was also an expression of the principles of anditprivateTaking arbitration acaseoutof judgmentthe of submitting court an to official within its not ifsuchacasewas wherecompetence. bejudged,even case could court, their a choose could parties agreements, By such statutes. by the law asestablished processual See: Oswald Balzer, VL Statuty Kazimierza Wielkeigo, , vol.1,, 148.2, “De ministeriali inprimo termino ante responsionem dando.” This norm canbe detected in The law prescribed no uniform rule about how a bailiff had to summon a person to komornik 196 AGZ , , vol. 14, no. 29. no. 14, vol. , Przewód s camerarius 194 , recorded in the early sixteenth century. According to one of its of one to According century. sixteenth early in the recorded , The bailiff was a crucial court officer, responsible for delivering a ą dowy, no. ) whose role in court proceedings is attested starting as early starting as isproceedings attested in court role ) whose XXXIX,“Quapropter 357: statuimus quod penitus nullus iudex per 49. ius dispositivum 68 . Parties could also. Parties diminish the ius cogens , but was subject to 195 How much CEU eTD Collection 200 201 Vą 50. Comment onputting a letterof summons in “lignum recisum” can also be found inA. Vetulani, 198 197 fourteenth century. summons of inthe highlightingcharacter court, prevailing oral summon the peoplestill to wereto howbailiffs on instructions clearprovided Great the of Casimir way. Statutes The suitsother inany respondto ifsummoned andrefusedto personal delivery a summons, of Przybyschowka infixit alias wethkn modesthese of first originated summoning,in which customary practices. of all confirmed century sixteenth early the of law statute The church. a parish in summons of letter declare a to able was bailiff the case, last this In village. atadeserted arrived of leaving a lettersummons before anyinhabitant village.Another of custom the offered bailiffs possibility the of letter the lay ofto entitled was summonsbailiff the then estate, his on found not was court to him in a slash on of delivery thewere applied as well.Forinstance, if alord towhom bailiffpiecea was sent tosummon of wood withsuch amanner of delivering asummonsaccorded a custom of land. the ( intothe door of suedman’s house was alsolegitimate a action. Thebailiff was convinced that modesrepertoire of of summoning. words the In of one bailiff,a letter tothrustof summons personal delivery summons. andof Customs practice, however, court displayed a much richer the crime. This provisionbailiff was forbidden living disturb andto burdenpeasants unless there, were involvedthey in in the Statutes of Casimir lordmust suedavillage.the The summons of specified bedeliveredexclusively the that to the Great seems Statutes The charges. essenceof the law, the at and defendant suing the who was person to favorthe the summons, the brought he rulemandate whose by judge a of of name the themention to obliged with hisstick, announce in summons Inhisannouncementthe aloud voice. abailiff was a lord resided whowasbeinghad sued, toapproach lord’sthe house and, rapping the door gathered and published in the 199 it. accept to servants lord’s lord. differentservants and of officials a lord, his whenheencountered findthem on way the to to layto a latter of summons ifalord, whom summon,a bailiff was to hadseveral patrimonies. dowy Ibid., vol.13, 6161no. (November20, 1466). The most authorized and complete collection of prescriptions on competence the of bailiffs in thissphere was AGZ Statuty Kazimierza Wielkiego, AGZ 200 , 91. , vol.17, no. 1959 (September 6,1484). , vol., 17, no. 2323(January 1491):3, “et cittacionemiuxta inporta consuetudinem curia terr in in In some cases, a bailiff delivered the letter of summons in spite of the refusal of the of refusal of the inspite summons of letter the delivered abailiff cases, Insome In practice, it happened that a bailiff proclaimed a letter of summons to several 197 According one article, to abailiff,his upon arrivingin avillage, where Formula processus 201 no. XXIX,no. 326. ą Itwas also often left tobailiff’s consideration to choose where l.” . See: . 69 Corpus Iuris Polonici , vol., IV.1, 16,cap.no. 10-11, p. in lignumrecisum 199 198 Other modes ) if he Pozew CEU eTD Collection 203 similar case,see: Ibid., vol.14, no. 2920 (August 31, 1453). estates, including a residence inKupnovychi, from which he was sued.” See: Ibid., vol.down 13,in his anotherno. 6161.estate. For another The bailiff’s answeris noteworthy:“a lord John is abig lord, he had many courts andthat the bailiff did not delivered aletterof summonto estate his inSambir, where he usually resided, but laidit 202 so-called (the presence in his a summons of proclamation with proof ( could result in the upon of recent traces investigation, if of a crime,investigation. Such results an conducted his citationthe about court the before of testify and then a wrongdoer, opponent, an by caused violence of signs and immediately Atlegal requestof system. the adisputing party, damages abailiffinvestigate obligedwas to in the place, where activitiesimportant indispensable for dispute settlementand the properhe functioning of the was caught nobility. local the from chosen witnesses two or one bailiffs that deliver must be accompanied visits on toadefendingtheir to summons by party men in whose presence the action of summoning took place. Norms of the law also prescribed recognizance also containedinformation the dateof about delivery as asnames of well the bailiff’s The given. was summons of letter the whom to and summons, the deliver to ( ‘recognizance’ Such recorded land and of courts. the castle in registers delivery a summons the the of of and circumstances factthe the record to for abailiff mandatory was It register. in the court controversy between them and the defendants. This gobailiffsright unquestioned, of not did however, and became often anissue of no. 2201 (February 22, 1449). 204 introduction of the winner of a dispute onto the estate of the loser. legal the sentence andprovide court’s the execute needed to were also Bailiffs performance. litigant’sa Bailiffs heard court. bring tocharges to relatives his/her avictim or could an investigation, also amonghaving Onlyupon bailiff’sduties. arecognizance resultsa bailiffaboutthe of of oath, severity by woundsof inflicted rival ofmurdervictimson bodies anotherone andthe were or even summons. of letter formal a delivering and compiling for recited its text, and then testified about conformity to oath’s VL, Inone case a powerful lord of Przemysl land, Jan Odrow AGZ, vol. 1, 150.2, “De nobilibus quo numero cum ministeriali habendis.” vol.14, no. 1076 (May 1444);8, Ibid., no. 1344 (April 1,1445); Ibid., no. 1348 (April 2,1445); Ibid., In addition to a delivery of summons, bailiffs were concerned with a wide range of In theory, all a bailiff’s actions that pertaineda to given legal case were beto recorded facie, lice facie, recognitio ) of his crime. It could be done by a simple touch and of wrongdoer the simplebe touch donecould bya ) his crime.of It ) usually contained the names of persons, who employed the bailiff the employed who persons, of names the contained usually ) 70 202 ąĪ 203 of Sprowa sought to decline summons by arguing terminus ocularisterminus 204 Scrutiny of the number and number the of Scrutiny ) without the need the without ) CEU eTD Collection to castle in return for a house, which he got into possession at the Lviv suburb. Ibid., vol. 15, no. 1502 (June 10, (June 1502 no. 15, vol. Ibid., 1476). suburb. Lviv the at possession into got he which a house, for return in castle to 211 dominum Iudicem)” inIbid.,vol. 14, no. 2077. obey here nobody other, but alord judge (et Ministerialis dixit: ego hic nonhabeo aliquem alium audire nisi 210 Ibid., 1131no. (November23, 1472). See: Pyeczony. to related then and -Matthew bailiff by another conducted been had that investigation the of 209 (June 10, 1476). see: evidence, last the For bailiff. a as mentioned also Gregory son-in-law Jacob’s role. Matthew was stopped to be mentioned in the local register as the bailiff, Jacob Pyeczony started to figure in this known representative was Matthew Pyeczony, the bailiff of the Lviv inland 1441-70. Immediately after through two oreven three generations, istestified in the sources. This is the familial group, ofwhich the first 208 Laski: 207 et cum hoc ipsum infamavit, dicens ipsum gauconem alias Smarddze.” 206 hand, due to the fact of in bailiffscertain autonomy the byapalatine,nomination factof hand, a enjoyed their dueto castle. the belonging to for estate, in asmall its captain exchange and castle true for bailiffs of castle courts. Some of them seem to have owed the serviceconducttheirjudges, who bailiffsconferred duties. powerto on the of bailiff of to authority the the on dependent often were bailiffs activity every-day their in hand, one the rr.,” legal cases. active information,by its of the about circulation details shared andexchanged members of builtthe upon a network ofbailiffsas is representation the records by legal the reflected group interaction and solidarity of been interaction bailiffs could have grounded. group andof solidarity mechanisms affiliations, allows intra- the rareasthey upon close which are, still discerning mutual Theevidence of servants. professional of andintra-familial marriages group court sources provide hints some suggesting a that bailiffsclearly constituted distinctive adverb swear palatine tothe aritual and shaving theheadof of nominee,the which tothe rise gave hadto acandidate that fidelity of an oath included appointment of procedure palatine. The summons. deliver to came they when bailiffs of made litigants of them were of unfree origin. This is suggested by several accusations of defamation that servicemen. Consult:Volodymyr Poliš for of Volyn’, region Galicia to instance, men, neighbouring who the fulfilled In duties similar Lithuania. to of thoseDuchy of bailiffs, Great belongedthe in to the special different privilegedalso groupwas of bailiffs Rafacz, Jozef See: origin. noble the of always 205 Consult the mention of the obligation of Gregory, the bailiff of the L’viv castle court to the perpetual service perpetual the to court castle L’viv of the bailiff the of Gregory, obligation of the mention the Consult Consider a statement, spelled out by a bailiff in Forthe example, in 1472 Jacob Pyeczony,L’viv thebailiff of L’viv land, reported castle to the local castle court some details court on May 24, 1448: “I do not have to At least one such familial group, within which the officeof bailiffa seemed tobe inherited and transmitted For the example of the text of bailiff’s oath, consult a collection of formularies of oaths, compiled by Jan by compiled oaths, of formularies of collection a consult oath, bailiff’s of text ofthe example the For Mazowsze served here as an exception for the lands of the Kingdom of Poland. Local bailiffs were almost AGZ Socium VL, , vol., 14, no. 108(October 1440):“cum28, adipsum venitipsum adcitandum,eundem percutere voluit The institutional subordination and loyalty of bailiffs were not clearly established. On established. clearly not were bailiffs of loyalty and subordination institutional The Bailiffs were almost exclusively of plebeian origin. tonsus vol.1, 153.1: “Juramentum ministerialium quando tonduntur perpalatinum.” , vyp.5 (2005): 13-39. 209 , usually added tothe Latin designation of a bailiff ( þ uk, “Oficiyni svidky – vyžiLuc’koho zamkovoho v uriadu 1566-1567 Dawny proces polski, 71 80. The situation with the social status of 205 Itcan notbe excluded that some 206 They were appointed by the by appointed were They preco, ministeriales 210 208 This was particularly What is much better AGZ, 211 vol. 15, no. 1502 no. 15, vol. On the other the On ). 207 The CEU eTD Collection depelleretur de isto districtu premisl neque ipsum nosco neque volo superadmittere recognicionem eandem.” recognicionem superadmittere volo neque nosco ipsum neque premisl districtu isto de depelleretur Iohannem de districtu Sambor. EtHenricus noluit admittere eundem ministerialem dicens, quia iste ministerialis recognizance of this bailiff. See bailiff. of this recognizance district. Sambir neighboring the from Thisbut was, accordingcourt, to Heinrich, improperPrzemysl way local of the taking assistancefrom of bailiffs, not and bailiff he refusedthe to admit thetook Gregory Heinrich, from received wounds, his observe and charge his confirm To village. same the from peasant the of Gregory, suit 215 lyczowanye.” alias arestacionem aliquam super unus est articulis, exhis quai ministerialis nondebet affectare a dom. Capto. Potestatem neque a Iiudice ipsius ipsius, quia data est sibi potestas adom. Palatino terrarum Russie, dumet quando tonsus est, ut iste articulus sunt quidam articuli, pro quibus nondebet recipere ministerialis potestatem adom. Capteo. Neque dom. Iudice nonfuitdatus per Captm. Neque Iudicem ipsius. Actrix iterum dicebatpersuum procuratorem: domine Iudex, arestacionem et cittacionem pro prefato homine si doms. Capts. Aut Iudex ipsius. Ministerialis recognovit, quiaintrando supercausamneque respondendo,volo quis videre potestatem et deditministeriali audire, super hanc judge dispose a right.suchSee: Ibid.,vol. 17, no. 2298 (November2, 1490): “domine Iudex,controversiam non palatine, and it stemmed from aritual of shaving. The plaintiff furtherinsisted that neitherthe captain nor the court. The plaintiff responded that the right to empowerthe bailiff in hisactivity belonged exclusively to the judge or the captain, waswho clearly entitled stated by thethe pleading bailiff party in a debateto conduct 214 with the defendant. an investigation The17, 507no. (Februarydefendant 1471).13, asked whetherof signs it was ofthe PrzemyslSee castlecourt. Ibid., violence vol.13, no. 5934 (October1465); Ibid., 2, no.947 (April27, 1473);Ibid., vol. and sue him (SeptemberIbid., 797(December29, 1472); to no. 12, 1475);Ibid., no.1126(December and the for1, 1478); the 213 26, 1471). 212 side of opposingthe party. bailiff from a different nomineejustice. as ofthein system palatine of a bailiff’s position privileged district by thejudgesforget of or toremindhis the not did opponent suchcasesaplaintiff captain. one In of the litigants a properinstruction a judgeor the of without made requestof a plaintiff hadbeen as a simple also raised voicesassignment bailiffs. of A coulddefendant question abailiff’s to deliver right summons which of protest from theparties andjudges regardingand inmanner whodeal empowered what was to with the between disagreements many about brought disputes, in waging assist to bailiffs recruited over theirjudges, by activities andtheconsiderablecourt who oflitigants, role actively courts. several for different their duties fulfilled but court, acertain strictly affiliated with were not land, bailiff of Przemysl Possoka, plaintiffs. of familiars and servants to summons, of delivery including the hisduties, some of transfer liberty to bailiffs’ wasa bylegal records, attested practice, Another judge. or asking a captain permission of the legal of pursuita without action in call forfree assistance abailiff’s felt to plaintiffs instance, some For legal actions. their approved and praised by all lords and natives of in and the confirmation by lords of and accordance natives approved with land all the praised bailiff without their agreement or knowledge, even if the authority of such a bailiff “was In1448, a noble of the Przemysl Heinrich land of Domahostychi protested inthe local land court against the one In case, recorded in the Przemysl castle court register in1490, this right of bailiffs to independent action Some evidence Ibid., vol.17, no.3037 (July 16, 1498);Ibid., vol.18, 3195 no. (May 23, 1503);Ibid., vol.15, 830 no. (April can be drawn of his services for the Przemysl land court. See Ibid., vol. 18, no. 347 This uncertainty about the institutional subordination of bailiffs, rather loose control loose rather bailiffs, of subordination institutional the about uncertainty This 215 Ibid Some vigorouslycourt attempts litigants toassignopposed a ., vol.13,3716 no. (November8, 1448): “recepitse ad ministerialem 213 72 212 Some bailiffs, like Jan Somebailiffs, 214 Bringing a CEU eTD Collection Casimir the Great, concerned the bailiffs’ custom of bodies and of clothing despoiling taking concerned bailiffs’ custom Casimir the Great, the money. having nocourt of peopleany fortheir to suits. Poorknights andvillagers,without will own grounds means to bailiffssummoned knightssay burdened andclergy. such that Statutes andtroubled poor The cover the ranginggreedy a country,bailiffs, andwho, across laments numerous about complaints expensesStatutes of such activity of bailiffs isilluminated muchbetter by legislation. evidencethe of ofstatute The Casimirsuits, werethe Great forced are toespecially pay bailiffs explicit with on this point. The Statutes mention which bailiffs wereinvolved as offenders. law. Fewlegal speak records crimes about and such wrongdoings, as andthefts in assaults, that such suspicions were not entirely groundless. legal bailiffs’ of from records of expurgation falsecharges producing recognizance suggest in mentions Occasional partiality. bailiff’s the suspicion of or in recognizance the distrust choice of a bailiff could ‘proper’ fact the the that of have anawareness been seems to there fulfill duties, to right influence the outcome of a dispute. This also indicates a degree of bailiff. went so far as to raise doubts as to whether a man entrusted with duties of bailiff was a true valentes redimere aliter vexationem, sepessime de certa summa pecunie component.” pecunie summa certa de sepessime vexationem, aliter redimere valentes terminus pro libitu sue voluntatis faciende, assignantes vexationis etoccasione statuentes citant precepto eisdem; et iudicii sic idemabsque paupers et causa militeset sine culpa et villani, sine nonvillanos seu paupers terram girantes, pauperes milites et villas religiosum fatigandi et vexandi... idem ministeriales ipsos milites 220 vol.14, no. 2082 (May 1448).31, carried out inthe manner of noble enmity with the assistance of ten nobles fourteenthand commoners. See: Ibid., Nicolas, the bailiff of Przemysl land. The accusation isof the assault on the village Dubanevychi thatNicolas worthwhile mentioning is accusation,an advanced by of Stibor Vyshnya, the vice-judge of L’viv againstland, subdued condition to as thethieve. himself this vol.13, no.6696(August3, See: Ibid., 1467).Anothercase, to pay sum of money to a certain noble219 Marcus onvol.17, no. 2797 (January the11, 1496). condition7267 no. 13, of vol. Ibid., his See: (Novemberdetention.1443. 25, 1443). in For anothersimilar case of Stadnicki expurgation of Lucas, bailiff the by ofNicolas same the land, him see Ibid., against Theadvanced record falsification, and fraud noted that Nestor 218 ministeriali terr. Czerny, quod nonesset verus ministerialis.” 217 Russie.” Palat. Odrowansch Andree Dom. mfi. confirmationi iuxta tenere et susceperunt laudaverunt Sanocenses terigene dixit: nonsuscipio terminum proterea, quia vos nonvultis tenere nostrum ministerialem, quem omnes domini et litigants, who refused bailiff,accept the to Ibid., by assigned vol.court. 3556(July 11, no. “EtIudex 1, 1460): 216 of palatine. lord the Consider, for example a case of Nestor, the bailiff of the Drohobych district from 1467, who took obligation took who 1467, from district Drohobych the of bailiff the Nestor, of case a example for Consider, of accusations from land Przemysl the of bailiff the of Nicolas, expurgation of an record short a Consult, 2098(January Ibid., no. “idem dominus11, 1446): Fredricus Gladiferincrepaveratalias przyganyl See, for example, the speech of a judge, in which he declined to delay a lawsuit on demand of one of the Statuty Kazimierza Wielkeigo, 217 Bailiffs indeed sometimes appear in sources as troublemakers and offenders of in of and sources as the indeedBailiffsoffenders troublemakers appear sometimes 220 Beyond all these cases of struggle over the power to assign bailiffs or question their Another consuetudo inequissima ”216 In their attempts to discredit a bailiff’s recognizance, some litigants no. XXXI, 337:no. “Flebili querela sepius recepimus, quod ministeriales, per of bailiffs, noted and forbidden by the Statutes of Statutes the by forbidden and noted bailiffs, of 219 73 The spread of abuses and corruption in the 218 CEU eTD Collection court, court, reported how he had been threatened byStanislas, son of Martin Kalenyk while the history of legal customs of the nobility), crura rumperentur in vobis bona tenutemeeVyschnyaquod inequitareadcitandumhominessmeos alias percuciemini, beat them captain andpromised to blood: shedtheir sue my the they did If Vyshnyapeople.” to my of border the tenure cross dare bailiffs, don’t Przemysl land, family of magnate powerful most the of land arepresentative and L’viv of warnedroyal captain John Possoka,displayed against a bailiffs,variety forms. take could of Raphael himself Jaroslaw, of the bailiff of toPrzemysl the castlenormality court in such words:of the “you, practice of displaying the anger against bailiffs. Litigants’ rage, 224 221 deliver. to were trying forcingevidence offurious threatbailiffs under the litigants violence of toeatsummons they isthe undoubtedly rage such andof manifestation ofviolence.most extreme The acts threats havemay in anger,which resulted litigant’s atrisk falling victims of bailiffs wereoften of usually considered bylitigants as isdishonoring andinsulting. It surprising, not therefore, that summons, or visitingprofession. Legal actions, commissionedbailiffs to byjudges and plaintiffs, like delivering a litigant’s estate announcing legalactions in presence the withof judges. the intentifmaintained,delivering theirservices wererestrict to summons, observingwounds,and of executinghe be enough, would It a crime. of evidence about court in testify to search for and to court’s sentence,resulted in many unjustand proposed Ostrorog wrong verdicts. depriving bailiffsof rightthe were bailiffs’ duties misuse of their stresses that author The asacommon practice. recognizance their of falsification bailiffs’ of speaks openly century, sixteenth the of decades first the from bailiffs of grave abuses.ipsorum For instance, Jan testify.whose death to they were called about murdered persons Ostrorog, in his 223 eosdem admittatur.” contra contrarium in sufficiens probatio ut tamen, ita proclamare, judicii conspectus in conspicere, vulnera ferre, multoties falluntur, homines et judices false judicare contingit. Eorum itaque officio satis esset, cittacionem 222 (Przyczynek dodziejów szlacheckiej obyczajowo semi-legal character, since the Statutes designate this custom as custom this designate Statutes the since character, semi-legal Ibid. See a special study of suchcases by Julia Mrukówna, “O zmuszaniu wo JanOstrorog, AGZ , , vol.17, no. 282 (March7, 1470). On otherthe hand, tobe a bailiff inlate medieval Poland was adangerousquite At the end of this period, one can discover similar voices in the sources accusing in sources voices the can similar one discover Atthis end period, the of no. CVI, 526. . Monumentum 223 As extraordinary as such cases may appear they nevertheless point nevertheless they appear may cases such as extraordinary As , XXX, 49: “Ministerialibus nimium profecto creditor, quorum recognitione prava recognitione quorum creditor, profecto nimium “Ministerialibus 49: , XXX, . 224 In another case, Janusz, the court bailiff of the L’viv castle Czasopismo Prawno-Historyczne Ğ ci prawnej)” (Aboutforcing bailiffs eat Towards to summons. 74 222 vos ministerialis audiatiset nolite in Monumentum 221 vol.XXII, no. 2 (1970): 159-168. This practice probably had This probably practice Ĩ krwawe nego nego do po , probably dating , probably and call it á ykania pozwu. ius CEU eTD Collection inference also seems to follow from the subsequent bailiff’s reaction to such an inimical an such to reaction bailiff’s subsequent the from follow to seems also inference servants tried to prevent the bailiff from access to the lord and his peasants. The same endedbailiffs. in injury these threats to 227 1495); 4077no. (August 2,1504); Ibid., vol.14, no. 182 (January 1441).27, 226 no. 2341 (January 24, 1491). against bailiffs see:vol. Ibid., 14, 3415no. (July 17, 1455); Ibid., vol.17, 564 no. (April 1,1471); Ibid., vol.17, cultrum superme Ministerialem movebat alias pomykal.” 225 ( peasants Siennowski. ofJacob estate on the Hniewnowice, of village the to access how hewas denied of story the court the to related Bartosz, prevent bailiff,to from bailiffs their In carrying Przemysl castle out court 1485, the duties. violence,including anymeans, wereuseful For some litigants, invalid. were often considered actions legal ritual, impediments and and affronts, threats, dueto by bailiffs be fulfilled to failed that sentences and formalism on relied heavily that system legal a In litigation. of path duirng recorded whole the fifteenth century. evidence theircarrying out no duties therewasnevertheless of bailiff’s murder a caseof a judges. related tothecourt later bailiff the my face,” before– knife shaking the me,” deliver bailiff upon the to captain “How daredthe bailiff the Kalenyk’s sent into toexecutethe villageandhadordered sentence. introduction the captain himself had Stanislas becausethe became adjudicated infuriated account, bailiff’s the Kalenyk Accordingintroduce the to estate. opposingthe attemptingonto party to the lord’s house ( house lord’s the goes from rushing they villageto noticed immediately account the that on servants afterwards as whetherto their lord was at home or not. In both cases they received negative answers. The withoutdifficulty,interrogate localnot started twohisto women bailiffand companions the reclusam andfortissimeroboribus etligniscircumspectam ( trunks blockedbytree washeavily Hniewnowice bailiff noblesled and found two that him,accompanying free thatthe to royal road Ontheir village, the impediments. the way some encountered to Hnievnowice unforeseen onto introduction winner’s the But money. his collect to him help to estate the onto finewhich introduce waslaiddown.The adjudicated the to the winner bailiff sentout was Hniewnowice theestate of againstJan Siennowski was upon court of Zamiechow. Golambek Ibid., vol.17, 1976no. (January 1485).31, Ibid., vol. 2973(November13, no. 29, 1446);Ibid., vol. 924(March8, 1473); 17, no. no. 2677(February 16, vol. Ibid., 15, no. 926 (October25,1471): “quid estpotens Capitaneus super meaddere ministerialem,et Violence directed against bailiffs could serve the practical purpose ofblocking the practical purpose servethe bailiffs could against Violence directed clamores supervillanosfecerunt de villaadcuriam currebant 226 ). The text implies that in this way Siennowski’s way in this that implies text The ). Whatever bailiffs facedin degreeof the danger 75 ), closing a doorof ), closing houseandshoutingthe the 227 For other evidence, informing about threats cast threats about informing evidence, other For Siennowski hadlost his case in Siennowski local the invenit viam regalemliberam stratam ). Upon their arrival in the village, in the arrival their Upon ). - exclaimed Stanislas –“while - exclaimed Stanislas 225 Some of CEU eTD Collection Malechowski had given assurance with his own mouth ( mouth own his with assurance given had Malechowski 1444. 26, October on castle register inthe L’viv Andreas Malechowski,waswritten down which given the of courtjurisdiction the within fell case orthe not.all whether at matter not did It As institution. anjudicial example one can takeanother case to the of transfer the precluded dispute of the stage first the at the parties between lawsuit arguments of exchange verbal of the of Stanislas beginning The presented. were claim and a plaint Krzywyecki against contestatio ( lawsuit formal the immediateresponse wasthe of opening The defendant’s defendant. the make it different from the text of the summons. introduce hisallowed which newchanges intowould petition not to thethat plaintiff was 229 228 ( summons of the be with that in hadaccordance petition to the of content The defendant. the against plaintiff the by brought charges the about information essential contained usually petition a summons, of letter the to Similarly law. Roman libellu a into fashioned and was complaint, a formal of force hadthe lawapetition medieval Polish form by beforea petition,of which plaintiff was presentedthe In thejudgesanddefendant. usuallythe It initiatingtook step for alawsuit. next theindispensable Pleading acasewas 4.3 Pleading the case, petitioning, and the court debate legal the process. with interwoven closely be could violence how reveal litigants by duties bailiffs’ of violation who forbade him hemetby servants was said armed the upon his estate saidarrival to Bartosz that register, to deliver a letter rival Andreas Czurylo court. to of summons andhe was sent on suebehalf of Jacob Siennowskitheir to the village of Stojanci to summon lord. Siennowski’s In general, abuses lord’s servant. of side and shouldthis one faced often from bailiffs evenmorehostilepicture mention that the attitudes stance. Having seen such insolence, Bartosz and his followers left the estate. To complement litis contestation alias prza Ibid., vol. 14, no. 520. Ibid., vol.17, 2038no. (February 1486).13, 229 , – a form of petition, generally accepted in the legal process of medieval canon and As a rule, a petition of the plaintiff was followed by an answer ( Even worse things hadhappened to aforesaidthe a yearBartosz before, in 1486, when Krzywyecki accused Malechowski of a broken promise. According to record, the promise. According to a broken of Malechowski Krzywyecki accused meant that a lawsuit would have resultto in formala verdict of the court, to which ). In terms oflegal process, aparty’s willingness to gofor the 228 In his complaint against Czurylo that was put down inthe down put was that Czurylo against complaint his In 76 suo ore proprio iuxta cittacionem) responsio, replica responsio, ) in ) of a presence the . This meant litis ) of CEU eTD Collection prefixum adiudicavimus. Adiudicatum.” ius terrestre, sed ipsam ancillam domino Krzywyeczsky cum culpa predicta ipsius et iudiciali ad terminum ex quo prius intravit realitatem alias weprzi cum procuratore domini Krzywyeczsky et post ea seextrahebat ad fideiussit restituere et ipsam adhuc ancillam habet apudse, tunc istam causam sibi dedimusnon ad ius terrestre, 230 in attorney, his vigorous response ( Malechowski’s Krzywyecki. to back maidservant a runaway send would he that witness Otherwise theirpresence in during court the their rival’s pleading and listeningthe to Therefore, some defendants left the courtroom immediately after pleading their exceptions. defendantBut from even a if continuationillegal.judgment,a regardedinadvanceand trial asunjustthe accept denial whichwere and to pleading ofstartSuch enda defendant’s hisplaintiff meant or a withdrawal ownpleading. managedto a exception before courtroom the leave to tried of simply defendants many the exceptions, of pleading their suitwas accepted and even by thejudgment insistence. court,defendants’ on lawsuits itin did like clauses cautious numerous of insertion the not samealways ledcourt that legalthe procedure to of was probablyhidden dangerof thissort It particular session. save a session.opponent, asadefendant’saccept decision official the to of verdict judgesthe this at defendant’s exceptions insufficient or, even worse, take them as a formal response to an a about victory. thatjudges defendant’s would Therewasalwaysbrought the consider arisk legal arguments. But some exceptions could result in rejection of the plaintiff’s claim and thus presentingleastgain defendantswereatable exceptions, and to mustering for time support thatan errors had whileopponenthis committed advancing By case and pleading accusations. defendant’s Sometimes exceptions were reason. morefocused substantial and on procedural to fall,according under caseshould the jurisdiction whose another typeto of court reasons until the next court session. An exception could alsomean an appeal to transfer a case their often exceptions, insisted defendants ondelaying the hearing of fora case various hadIn Suchexceptionsaprocedural usually character. plead permissible exceptions. legally andimposed a penalty on Malechowski. Krzywyecki caseto adjudicatedthe court the dispute’s the for his transfer, advanced request had that after only and courtroom inthe arguments gave first Malechowski Since opponent. Malechowski’s appeal, regardinghis attorney’s comment as an official response toan accept The judges declinedto land the insistedbut court. caseto sending the on promise, Ibid.: “Sed ex quo predictus procurator recognovit bis, quod Andreas eidem Stanislao dixit suo ore proprio et proprio ore suo dixit Stanislao eidem Andreas quod bis, recognovit procurator predictus quo ex “Sed Ibid.: Judges did not always recognized exceptions as serious. Therefore, if they failed in ifnot failed asserious.Therefore,Judges always exceptions they recognized did Before entering into a formal debate with an opponent, the defendant was entitled to vigorosum respondit 230 77 controversiam nonintrante ), did not question), did not factthe of this into the texts of CEU eTD Collection debates in the courtroom, trying to impose a to restriction. trying inthedebates courtroom, provisions excessivespeech concerned fifteenth-century and werestatute with specifically repetebet, estet hoc locutus emphasizing verbosity the of litigants as a distinctive of feature waginglike litigation, and outcome of the suit. procedural judges in customs of and eyes the public, influence could strongly course the and in is, speech court, the not that it whether or legal conformed accepted tothe and rituals of adjudication than the process for the legal be more significance of to seemed sometimes of lawsuits aspects formal These facts that had given a riselitigation. conducting of rituals established the to one’spleading of conformity the about to the lawsuit. The mode of debates litigation the of into record the write to tended conductoften scribes most Court conflicts. of accounts of written orfound on margins the ignored werelargely facts All conflict. these mind atthe of time of the state emotional their on emphasis theiror rivals with relationships attemptstheirviolent explainintheir misbehavior or conduct termsto of previous justifying circumstances, as disputes of details important such down in writing interest little showed usually litigants as well as notaries the that fact the from inferred be can This room. in legal facts of legal over court Priority the was givento peculiarities procedure and the ritual 233 scholar. ofmodern See mind her “Rationality the by and Collective“rational” as decoded Judgment”, being of 9. possibility a escape sometimes which procedures, and that she completely overlooked the possibility that those debates themselves could be strongly bound by ritual dispute was not completely devoid of some elements of rationality. The only problem with herexplanation is opinion the discussions,questionthe image of medieval law legaland process as heavily irrationalized and dependent onheld ritual. In her in the court,232 4189. no. must 17, See: vol. Ibid., (terrigena). be possessor native takenbe the to believed he which of and as located was estate his onewhere district, another of of court the the to be transferred must proofs case the that was exception for claim defendant’s The audiret.” suggesting proposicionem suit, the thatfrom exception for thepleading which he madebeforehad of his the Urminsky’s accusation fact was against settlement brought priushim “quia the seexcipiebat,to quam assessors of court attention the turned Prokop of Andreas Gluchovychi, writtendown the in court registeronSeptember 19, 1505. In hisanswerto plaintiff’s allegation 231 case. their plea to start plaintiffs the did that after only and lawsuit the to exceptions their plead to managed first had they that court the before toemphasize for defendants some was necessary litigant’saccusation frequently acceptjudgment. perceived asasign was It of readiness to Poland: “Statuimus insuper, quodpartes, quaerelans suas judiciisin deponents, et responsiones facientes, 234 This point isworth mentioning in view of the arguments, developed by Susan Reynolds. S. Reynolds tends to See,example, for a speechby Prokop Andreas of Zadovyche inhislitigation withJohnUrminski from Consult one of the paragraphs of the privilege from 1454, issued in Cerekwica for the nobility of Great AGZ 231 , vol.17, no. 2344 (February 1491);21, Ibid., vol.19, no.664, 3111. Legal records occasionally offer insights into insights offerLegal mode speakingthe inoccasionally of records courtroom, the were byhighly proceedings dominated andformal Court rules. anddebates ritualistic 232 or et postmultas altercationsmultaverbahonorum et 78 234 These attemptes were doomed to . 233 plures Some CEU eTD Collection of the Statutes of the same King from 1496 in 235 See Jus Polonicum, admittantur.” fieri deinceps erat consvetum ante prout wspory, alias impugnationes, nec judicentur, duntaxat the l lawcontradicting the asaabuse of widespread supporters, numerous armed and byabody of accompanied atcourt, litigants of of arrival the spoke still Modrzewski Frycz Andrzej In had sixteenth of apparently the middle success. century, the little legal enactments violenceagainst in in courtroom the fifteenth-century repeatedly legislation. appeared the Great, underwent of inCasimir Statutes proceedings, violence asdescribed the court of andturmoil erupting at little change in some litigants disturbed proceedings court and obtained favorablethe judgments. course of the audacity next supporters their of and improper by because uproar necessary the severe lawwas two centuries. called of penalty, threat the under hearings Legal provisions attempted toprohibit practicethe of bringing alarge number of relatives orfamiliarscourt to Great Casimirthe of Statutes The bynoblemen. status and power of display for apublic became place asuitable A proceedings. random foroften courtroom not court violence were emotions displayed in the courtroom. Quarrels, outbursts of anger, threats or even acts of facts. and norms legal to muchappeal than arightful morefor dispute the mattered successful outcome the of inventiveness, involved which andof alottrickery making arguments, artof very peculiar this of application nobles. Theskillful local esteemed washighly among of course debate knowledgeas a well as ofthehighly good ritualized formal and which rules the governed malice. and cunning contrived heavily on sophistry and damage jeering,both seeking eachother’s relieddisputants to arguments; of deal by agreat were characterized their attorneys or disputants of speeches him, the According to means by empty by no hearingsdominated work, cases’ talks. were the purely Frycz byAndrzej ridiculed Modrzewski. proceedingsnicely were and infused described nobles’speechesatcourt vainglory that legal essence of and cases, directly tothe related verbose not speeches, centuries. Too failure andsuch mode of was waging dispute widespread during the fifteenth and sixteenth issued in Nowy Korczyn in 238 237 suam ipsorum perniciem mutuo incubentium.” 236 XVIII.1, 212-213. of Jan Labert from 1493 in See Andrzej Frycz Modzrewski, “Liber de Legibus”, in his in Legibus”, de “Liber Modzrewski, Frycz SeeAndrzej See, forexample, the paragraph“De violentia in judicio commissa”of Statutesthe of Casimir IVfrom 1465, Ibid., Statuty Kazimierza Wielkiego, The presentation of charges and the following debate opened the door tonasty door the opened debate following andthe charges of The presentation cap. XVI.14, 202: “Multae incausis existere solent cauillationes excogitatae astutia et militia partium in 267. Jus Polonicum, VL, vol.1, 71.2; the paragraph “De ad temerario judicium ingressu” no. I, 248. no. 323; and paragraphthe “De domumarmis ad iudicii noninferendis” VL, 235 vol. 1, 124.2. 236 But, as Modzrewski noted in as placenoted Modzrewski But, inhis another The art of delivering speeches in the courtroom deliveringspeeches Theartof penthnadzisce 79 Commentariorum De Republica emendanda . The Statutes explain that such a 237 This situation This of the Statutes 238 Such , cap. , CEU eTD Collection courtroom with more emotional intensity, to dramatize the feelings of social actors, and to and actors, social of feelings strengthenthe dramatize to intensity, the emotional effectmore with ofcourtroom the delinquency of this litigations notariesaccounts of perhapstochargethe in sought conflictual situation the kind of behavior. It By their insignificant in gestures. thesebutcolorful threatening gestures recording their is reported, for instance,butalso of the judges addressed to words ofnot only offenders’ complemented bynote the fury, such playsof of remarkable descriptions but provide occasional records some them, rushed with unsheathed swordsattheirand opponent wounded him. read insurprising to legal the twothat record defendants, infuriated by charges the against damaging to the reputation of and dishonest legal assomething charges was perhapsof theperception by the an opponent accused. Deeds easily followedin court. the accusations words. It is, therefore, out spoke their latter the when the time, justat life their adversaries of the threatened nobles not some mitigate thatfeelings. their Theevidence suggests to in theof litigants order peace on inlistening end,upon the such to dishonestspeeches thecaptainimpose toa decided pledge captain. in the of presence the ateachother words and contumacious dangerous startedtothrow litigants of of Pechykhvosty, andthe nobles, Paul Lahodiv Peter L’vivthe from court castle 1492 has it duringthat hearingthe in between suitthe local two their adversary Nicolas Gronostay courtroom:in the Ibid., vol. 17, no. 198 (December18, 1469). 243 diffidacionis ei signum faciens.” 242 241 qui ipsum inculpaverunt.” 240 pertinere intelligenda, quam ad metum incutiendum et iudici et aduersario?” frequentia stipati aut etiam armis accincti ueniant iniudicium. Quorsum enim et caterue eiusmodi, et arma “IlludXVIII.1, 214: enimminimumferendum accusatoribus estin defensoribusque,ut magna hominium plaintiff. the against violence judges specifically whoappointed guarantors, agreed toprevent defendantthe from any casesthe thatin some is reported It proceedings. of court thecourse disrupted occasionally 239 court. of Casimir Great:all the armed litigants around men mustcrowded be from removed the asked rhetorically. His remedy against such an evil custom was identical to that of the Statutes author adversary?”for –the judgesand threatening ifnot the court, broughtto the supporters principles of the administration of justice. “To what end are all these armed crowds of See the See casethe of fourteenth ofapenalty marks, towhich Janand Heinrichof Rzeszów were fined forwounding Ibid., no.1448(December1, 1475): “quia super eundem Officialem movebat corammanu invim iure Ibid., vol.15, 2258no. (November17, 1492). Andrzej Frycz Modrzewski, “Liber de legibus”, inhis legibus”, de “Liber Modrzewski, Frycz Andrzej AGZ 239 , vol.14, no. 2782 (March 26,1453): “Fideiussit pro eodemMathia, quia nondebet minari hominibus, Murderous threats were also directed against the judges and court personnel.Legal judges andcourt againstthe werealsodirected threats Murderous The evidence of legal records also speaks of the incidence of violence that 242 Behind the threats advanced in response to legal initiated actions in to response advanced Behindthe threats 240 Such precautiouns were by no means Suchof useless. werebyno record precautiouns One 80 Commentariorum De Republica emendanda 241 The record relates that relates Therecord 243 , caput , CEU eTD Collection an extension of the exercise of theirjudicial power, helping to enforce theirjudgments. 249 248 terre…” Capitaneum me 247 mye przeprzie.” acz mensam quia super ipsum penam iniuste sentenciavit. Et ibidem dixit dominus Fredricus: proiciam Iudici sex scotos sub 246 captanei clamavit et silere noluit, quam domini adinveniunt.” 245 feasts andwas therefore fined. See Ibid., vol.14, no. 1445 (August 2, 1445). scandalous behaviorIudici imponendo.” It isinteresting to notice that innot only litigants, butthe also bailiffs were notoriouscourt. forsuch causam, quiaiudicium non inhonore rixasfaciendo habuit percucienscummanu Iudice, in mensam, minas The one of the bailiffs244 of the Lviv castle court threatened the judge with his tokillthreatened him. of L’viv judge stating judgelandhad the the castleBranci of L’viv court the Peter that to men respondcame who before to instance,For them.in of 1465, Sigismund Calyshany took isinjudges legal means. It worth noting that behaved a similarway, lives the of threatening decision and legitimizing thelitigant’s claims seek furtherto justice byboth legal and extra- aimed court’s challenging the posture, at was conceivedasapublic of emotional conduct overemphasizing contempt toward the court servants, judges and their sentences, such a mode By andsentences,summons whichmenperceived dishonorable. orasunjust responses to and words. exclaiming rude in captain’s the royal estate andthe of himby Drohobycz threatening weapons town raising Iwan, son presencethe king the fordenouncing of against of of raiding Fedir him Pukennica, in Koniecpole complained of captain, In Jacob Przemysl receivealso 1469 the such threats. could courts, castle the andheadsof in locality the power of royal the representatives highest amountmoney of hewhich pay had to as afine under the table. delivered sentence as oneof unjust litigantsthe insultedjudge the by throwing small the upon denouncing the relates, for example, that Oneof records procedures. the court the bylitigants towards stanceadopted emotional which of negative reveal sorts other gestures keep silencejudgment.to whenthejudgeswere their considering court fined alocal noble who dared to start a quarrel in the presence of the captain and refused againstand him. threats uttering specifies Rafael judge, with bangingThe record court. on the the hisfist that table quarrelled of contempt for serious marks fined three was Chesaczicze, of Rafael noble, a certain that captain. by inarrest ordered by in captain the using weapons court the presencethe of royal the Ibid., vol. 15, no. 261 (October 18, 1465). 18, (October 261 no. 15, vol. Ibid., Ibid., no. 3201 (August 20, 1499). Ibid., vol.17, no. 30(February 14, 1469):“est superme erectus wszdrzuczyl armisetverbis inhonestis super Ibid., vol.11, 1134no. (August 30,1438): “Et propterea dominus Fredricus Iudicem increpavit alias ruszyl, 34(July Ibid., no. “Nob.15, 1440): deLopuschna Clemens succumbuit quiacoram penam, iudicio domini Ibid., vol.14, no.1485(September 1, 1445):“Raphael de Czeschaczicze luit penamtres marcasob hanc 248 Displays of anger and exaggerated feelings of resentment constituted emotional constituted resentment of feelings exaggerated and anger of Displays 249 On judges, part the of the useof of sort this emotional talk served as 247 Somelords went as far as trying to defend their clients from an 244 In another case from In case another from Lviv judgesof 1440, the castle the 81 246 245 Captains, having been the been having Captains, Other records attest to the CEU eTD Collection colloquia on delays of the session of two courts – the land court and the judicial assembly, the so-called factof hearingbut not tothe illness. focuses specifically communion,of Theprovision then was procedure endangeredthe byperjury, mainly because priest hadsworn an factto oath the that specified provision legal inThe perjury. andresulted lawsuits of matter postponing in the improper led ways speaks“perverse which swearingof of to customs,” anoath spreadof the paragraph cases. The wayof delaying this with concern serious expressed criticized and Warta of Statutes the of paragraphs Oneofthe by an oath. swearing hearing communion of fact the court the before testify to then had confession, hear and communion last serve to called upon session. Apriest, court atthe illness non-attendance causedthe serious the that prove a to priest of testimony the allowed practice in customary ofWarta the 1423, Statutes the of promulgation the Before of delays. thepractice of establish regulation to attempts casesforgiven major in to the causes. hearing wastheprimacy difference established regions that amount different times andfor money. In different sum of acertain exceeded that wrongs of redress varied from fortyfor the pleaded a cases inwhich andplaintiff conflicts, patrimonial concerned that disputes to one hundred marks. One of the effects of such an causes ( in accepted were initiated generally Polishactions, the on law,that groundthe major of andimportant delays. for most widespread the causes two 250 another( court lawsuit, held at more asignificant or boat, a domesticfollowing for causes postponing flood thehearing: and disease, storm, destruction of a bridge funeral, assault in wasgiven the aslegitimate recognized listof causes the by brigands,prorogations permissibleby both during alawsuitplaintiff Themost and complete defendant. public or private of thenumber aswell determiningas sessions, delayssuccess, the causes of issue of the detention, plaguesthe session of the legalof fifteenth-century litigation. Abuses of practicethis wereundoubtedly one of biggest the process. Late MedievalFrequentdelays of sessions can be considered of one mostthe fundamental features of Polish legislation4.4 Delays tried to regulate, with limited For detailes, see: Oswald Balzer, As for delay by illness, the Statutes of Warta represented one of the earliest legislative of earliest one the represented Warta Statutes of the delay byillness, As for Concerning thedelaycalled causae maiores . The Statutes established the possibility for defendants to miss two sessions of miss to two for defendants established possibility the Statutes . The ) and minor causes ( minor causes ) and Przewód s pro maiori ą dowy , 40. causae minores 82 , it originated from division between legal pro maiori Correctura ). 250 ). Disease and The major cause covered all covered cause Themajor from listedfrom 1532. It the pro maiori were CEU eTD Collection 252 Czasopi litigants’ trajectories in maneuvering between the overlapping, conflicting, and often and theoverlapping, conflicting, between inmaneuvering litigants’ trajectories the exemplifies of particularone dispute following of The evidence andcases. transfer The dense network judicialof institutions openedawide of range possible channelsfor appeal 4.5 Appeals and transfer cases have equal rights to postpone only one, first, session for the reason, of the simple illness. numberthe of sessions they be delay.a plaintiff entitled would to were anddefendant Both to Correctura legis krakowskiego W and the provision that concerned the regulation of delays, consult Wac consult ofdelays, regulation the concerned that provision the and the issuedCracow in privilege by Jagiello,Wladislas dated on and 1420 or1421. About date of privilege the the Polish law, called the called law, Polish Possibilitiesbe ofpostponing restricted wereplanned further intheproject to of codifying defendant,a to Similarly illness. serious the of reason the for only and session, first, the one, only delay a plaintiffunderprivilegetended to aplaintiff compared Aplaintiff tothedefendant. waspermitted to was justified, loss case.The the of not oath-takingfailure atcausedthe and requiredif session, decisive, second, atthe Non-attendance with twooath-helpers. oath swearing an to takezawity an oath ( decisive considered session, second The simpledisease. becauseof the session firstthe to back postpone lawsuits.postponing its Accordingwas allowedonly to provisions, adefendant to up his statementprocessus Theaforementioned disease. thesimple of reason for the be postponed could of illness. 251 King Alexander in 1506. The by rules wereadapted different the inconsistency in dealingwith problem the Compared of delays. of the Statutes Warta, slightly bring oath-helpers two toback uphis personaloath. to was required a defendant that established It sessions. delayed of in cases of oath-taking oath. personal his by session next the at adefendant by be confirmed to had court land a of session fourth andthe sessionassembly the of third the at absence defendant’s disease.the Only colloquia VL VL, 251 , vol. 1, 71.2, “De terminorum dilatione per infirmitatem.” ), could only be delayed in case of the serious illness and had to be supported by illness besupported andhad serious bedelayedincaseof the ), couldto only vol. 1, 32.1, “De antiqua consvetudine in transpositione terminorum servata.” This provision was first was provision This servata.” terminorum transpositione in consvetudine antiqua “De 32.1, 1, vol. Ğ The fifteenth- and sixteenth-century enactments of law showed great diversity and diversity great showed law of enactments sixteenth-century and fifteenth- The The statutes of Casimir IVfrom included oneimportant amendment1465 tothe mode mo Prawno-Historyczne and land sessions three of any without produceproof court necessity of to alleged from from much morein1523 established possibilities for rules regardtothe rigid á adys was designed to abolish inequities between disputing parties with regard to with parties betweendisputing abolishinequities to wasdesigned á awa Jagie Correctura legis 20, no. 2 (1968): 59-65. áá y” (The origin and date of the Cracow statute of Wladislas Jagie Processus Processus iuris Processus in 1532. Contrary inContrary to theprevious1532. legislation, the permitted a delay of four sessions, three of which 83 252 , compiled by Jan Laski by the order of á aw Uruszczak, “O genezie i dacie statutu dacie i “O genezie Uruszczak, aw Formula processus Formula rok áá o) CEU eTD Collection the bailiff, asked Jan sueto Jan Ossolinski, the court judge Iwashko Bratkowski, and the court wanted topassjudgmentagainst him. Iuchno, by hismaking In turn, use presencethe of of instead and plea willingness toadmit no rightthe of Iuchno’s showed that captain the related ( himself king the even and assembly, judicial land the palatine, Rus’ the court, land the case: his in justice administer to legitimate as viewed of Iuchno’s regardeditworthy plea enumerating institutionsthe and agents,which Iuchno account the compiled who notary the that note to interesting is It institutions. judicial other of send to land casepleaded for jurisdiction.Iuchno the theconsideration the Afterwards court’s belonged to andthus casea runaway peasant the concerned argued that his case.Iuchno judge deny aforementioned At courthearing,heto the bailiff,Jan. rightof sought the captain the to 253 learned about the suitby chance ( previous dateof session,the whichhadbeen based his Having earlier established order. on informing proceedings In without waythecancelled the court captain for Iuchno. this the summoned to the court by the Stryj captain. He stated that Jan Ossolinski assigned a new term Striensi fuerunt facta ( Ossolinski Jan captain local the with conflict in his Iuchno aforesaid the to of Stryj court castle inthe occurred had law that the of abuse and summons intermediates. two in us put form to the third aretransmitted mouth of through persons’ words, the andof pen registers. Here the main protagonists had no direct access to the court and their voices, even if court speechesinthe third-person of inthe form ofconflictwererelated plea; accounts bailiff to another. Otherwise, it was usual that the plaintiff himself/herself presentedthe bailiff his/her of the Przemysl land court. The account of the lawsuit was thus related by one court to Nicolas, of suitthis Jan gaveanaccount Felix Paniowski. district, same captain of the the register in the form of a testimony by Jan, the bailiff of Zhydachiv castle court, on the order of May 29,1482. on register Przemysl court in the were recorded of this conflict course the surrounding circumstances interesting Stryj, and a nobleman from the same district, George or Iuchno Nagwasdan of Stankiv. Some advantage. various courtsandtheir to institutions, turning and them of unclearly established competence AGZ , vol. 18, no. 1690. no. 18, vol. , The bailiff’s account is thus an eyewitness’ report relating a story about an unjust story about a relating report is aneyewitness’ thus account The bailiff’s inbetween lawsuitThe is question of Jan Ossolinski,captain case the of town the ). In his report the bailiff first pointed out that IuchnoIn his out bailiffwas illegally the that ). firstpointed report resciens ), Iuchno harried to the session, accompanied by the accompanied session, the to Iuchno harried ), 253 84 Evidence of the dispute was recorded in the aut adipsumRegem que ipsiIuchnoiniure castr. ). The bailiff further ). Thebailiff CEU eTD Collection the analyzed case the captain’s omnipotence in administering justice is clearly manifested in manifested clearly is justice in administering omnipotence captain’s the case analyzed the rightfully saw it as an abuse of the law to be summoned to respond before inwin order to favorable judgments. Therefore, noblesinvolvedhis indisputes with captains castle court. In legal procedures manipulate they easily castlecould courts, the Since controlled captains the favor. legal in own norms their the lawinterpret and abuse easily could captains the districts, especially inrevealing almost regard.Granted unlimitedthis powerin territory the of their is andIuchno Nagwasdan Jan casebetween Ossolinski himself bythe the represented captain opportunity of exercisingfirst half of the sixteenth century. in the completely disappeared in districts these castle courts The land courts. of the registers it in courtthe fifteenth century. Thewas. only vestiges which testify to their activityAs can be found No by courts have produced of survived from registers district Sanok). these chancelleries inthe the a lawsuitland in of (Lviv, and in courts rapid Halych the rise Przemysl, seats the importance the in whichlands and intoafter creation the of in1430.Thisled toa palatinate Rus’ subdivision its the one of thein significance decline a gradual witnessed courts These district 1430-34. before period the parties in were survivals jurisdiction a more of Galiciain decentralized system of hadoperated that was judicial pyramid and of fifteenth-century the TheirRus’ palatinate. judicial courts personnel from these towns came who bailiffs and captains Courts, center. wasadistrict towns these of Each Mountains. and set the scene Carpathian foot of the the land, to close of Przemysl the part in south-eastern each other for the dispute and –layin major mentioned of thetext –all Zhydachiv dispute the proximity of towns thus represented the lowest levelBratkowski. of the Ossolinski and deliver to to summons Iuchno’scarry request out hadrefused to latter the occasion sueto Prunyecz, the bailiff from the neighboring town of Drohobych because the ipsis terminum assignavit a suit against them: Iuchnohimself acoinput in a hat(most probably of bailiff’s), requesting thus proclamation of bailiff’s recognizance, the According to dispute unclear. remains rather court of this context contains theaccountthat, a interestingof legal description an meaning in ritual, whose the noted none of that by tomeetsued Iuchnothose wanted for hisdemand After newlitigation. bailiff The Przemysl. in arrival expected king’s the upon court royal the in Dobeslas notary This dispute clearly exemplifies how significant access to the power resources and the Stryj, of dispute, Drohobycz setting the As concerns theinstitutional and geographical Ipse Iuchno cum mitra in eam grossum Ipse Iuchnocummitraimponens eodemmodo,utdictum in eam . Bailiff Jan also reported that. Bailiff Janat same also hearing reported the court took Iuchno 85 CEU eTD Collection 254 Nobles’ claimsforjudges were transfer by challengedconstantly tested and court and shrewdness and knowledge in presenting andmanipulating thelegal in arguments court. as aswell and determination efforts his personal on greatly success depended litigant’s A local between power-holders. playing onconflict only of as a skillfully consequence terms of the ability to gain a protection appeal for channels pursuitandfacilitated the of dispute. of various the brokers andpower widened thus important tothe access websprovided relations. These institutional thus instrongly bypersonalinvolvementdetermined thevarious webs of patron-client agents and can against Stryj the judgment.court Possibilitiesfor for advancing transferring claims caseswere not be seen for anappeal channel provide analternative him with to whowasable one John Ossolinski, inhisseekof patron attempt conflict theby protection with Nagwasdan a powerful to Iuchno order Zhydachiv the the FelixPaniowski.canseeithis supervisor, One of captain,as an on acted - institution, judicial another to appeal for claim Iuchno’s in legitimizing role crucial Nagwasdan. is Jan, It also revealing that thebailiff played -who Zhydachivthe of district, a his enmity of was inastate clientBratkowski,support to permanentwith Iuchno who inwithOssolinski only not Nagwasdan, his butprovided the pursued dispute own goal influenced anddispute, and its course Itcould outcome. for besuggested, instance, that in weremobilized the of andinstitutional patronage personal various networks competing and attorney. Nagwasdan’s kill to wanting servants by propounded allegedlyNagwasdan Bratkowski,against thelatter senthis son Vasyl and Bratkowski, runningfrom 1460s the thethrough 1480s. and betweenNagwasdan conflicts bitter several evidenceof register provides court also sued thepresidingjudge Bratkowski Iwashko Jan along with The Ossolinski.Przemysl was an IuchnoNagwasdan pursue their not feudsprobably It accident that to and suits. own fulfilling servicesassessors or advantage of court asjudges, could easily take their positions impartial judgment. Notonly also butcaptains nobles, themselves, other servingascourt law. statute of principles basic the beyond jurisdiction court’d castle the of extension unlawful the AGZ , vol.13, no. 6135-36 (October29, 1466); Ibid., vol.18, no. 1784-85 (April 8,1483). At the same time, a litigant’s successful claim in other courts is not explicable only in only explicable isnot courts other in claim successful litigant’s a time, same the At Evidence of disputethe between how andNagwasdan cluesOssolinski asto gives This dispute shows how the administration of justice could move far from the idea of 86 254 According to one allegation, CEU eTD Collection with the four castle paragraphs. castle with four the in notaccord was and jurisdiction castle really fall under didnot his case his words, In only. be Jan to judgedby hisrightlandcourt the court. defended by imposed upon parties the the trees the on andterritory his breakingof royal estate the had been which pledge, previously in 1488. Przemyslthe castle court in instance, asuitof Chlopchyci Peter of Jan against which Conushky,of was pursuedbefore four paragraphs: de potestate castrensi Stanislaum predictum, hicincastroteneris respondere serve( assurety to samecourt in this had promised Pelka judgmentPelka that captain out tocastle only, the court response, because pointed wasliable Inhis failed. landcourt the to his case totake royal the governor to his butplea captain, ( inandlord “Sirishim” request approach captain words: presenthere,go these the Pelka, HeexpressedPleka’s Pelka’shis demand noobjection isrevealing. answering claim,to Iudex, nolimeiudicare,desmichihanc causam ad dom. Capitaneum wasfollowedcourt forhis byaclaim submit his captain to himself: casetothe right submitdeliverjudgment his The refusalto the his case of asentencein to castle case. the to – a negation by accusation to was short the Pelka’s response judgesof Martin. rightthe of the submit castle the Stanislas butto failed court, fulfill to this obligation therefore sued and was ius castr. pertinent, contingit.” triumcumdicente, marc. pena quodistearticulusesset castri,quianon nullum articulum iuris exquatuor,qui ad 257 256 255 Stanislas, servant breakingin for surety Pelka of the acertain Piotruszice, accused given Martin which ( Martin of of allegations the respond to to court the to summoned Pelka was record, the According from counterclaims to sideof court. the the raised substantiated arguments legally how enlightening as claimsto the party one of to escapejudgment, andhislegal supporting date underthe of inMay 10,1479. register castleextant court Przemysl the himself a Martin of Piotruszowice, court. his in chosen heard have case the to enforce hisright whotried to opponent, orthe assessors domine Pelka, est hic presens dominus capitaneus, accedes eum dominuscapitaneus, domine Pelka,esthicpresens Ibid.: “Prefato Conyvszeczky controversia non intrante et petente se remitti ad ius terr. pro eadem cittacione eadem pro terr. ius ad seremitti petente et intrante non controversia Conyvszeczky “Prefato Ibid.: Ibid., no. 2202 (June 16, 1488). Ibid., vol.17, 1694no. (May 1479).10, There is nothing surprising in this reasoning. Similar arguments can be found,for For example, it is instructive to follow the lawsuit between Pelka of between of and Pelka Czeszky follow lawsuit is instructive the to example, itFor Duntaxat quatuor articulos iudicat:incendii,publice strata predacio, familiaris ) of ) of noblemanJohn the of Rudnyky. Pelka had to guaranteed 257 256 In a lucid explanation he clarified the real essence of the burgrabius of Przemys of burgrabius Peter charged Jan with trespass on charged Peter cutting his Jan on trespass with property, 87 domine Pelka, exquoexfideiussisti l. The legal record of of caseis the legal record l. The ). Pelka got access tothe Pelka got ). . Thejudge’s to response ). 255 The case is domine CEU eTD Collection previous stages of previous stagesof dispute. the for damagescompensation justice and restore by caused judgments unfavorable madein the couldbe always found that would allow the litigants tocontinue in thedispute toseek order privileges. and statutes fifteenth-century in nobility the by raised repeatedly were letters inhibitory manyabolishjusticenobility. by Demands to provoked complaints the practice the of royal in magistrate 1470s. Przemysl andaPrzemysl of bishop forinhappened, example,sue his alawsuitbetween Orthodox This adversary. to litigant another of right the confirming then but litigant, one for dispute the from exception misusedunscrupulously by giving this contradictory issuingpractice two charters, first an nobles’ claim to release from or delay of a lawsuit. Sometimes the royal chancellery judging the holderin of provided letter the Suchletters a local court. themain groundsfor 259 258 was to obtain a special kind supreme mostof justice intheirlawsuits. Oneof strategies distributor common the of dispute of royal writ ( Vyshnia. of town in the diet noble the for gather to about were who nobles, the lodged judge. judge anewcaseagainstin the courtof Pelkathe suedthe Rus’palatinethe and immediately disputant the judgment, court castle for exclusively liable was case the that and decided landhis casetothe court transfer forbade to Pelka After captain the andMartin. of between in Cheshky Pelka lawsuit occurred the exactly what was This institution. judicial superior that movehis automaticallyIt opened to forcaseupto possibility adefendant the himself judgeinstitution. judicial expurgate often the another, forced before to was superior, meant that sentence. This judge of an accuseunjust to a proceedings provided the opportunity pursuing this heargument managed toescape liability in castle the court. andnotseemsby agreement, imposed aprivate by It establishedarbiters as that court. the his turn, Jan justified his claim face In there. trial should defendant itselfthe and therefore in court laid this had down been for transfer to the land courtPeter insisted on hisby claim take to his case allegingto the castle court by stating that the broken pledge that the pledge instatutes incapitulooppressiocontinetur et violenciadomestica, mulierum ut was See, for example, provisions of the Cerekwica privilege from 1454 in 1454 from privilege Cerekwica of the provisions example, for See, Ibid., vol.17, no. 281(March7, 1470). These patterns of appeal show that in the vast repertoire of litigants’ techniques one During the also fifteenthlitigants century, widelyexploited position the theking’s as court infifteenth-century appeal of practice the regulating legal rule A widely utilized 259 litterae inhibitoriae 88 258 This form of royal intervention in local Jus Polonicum, ), which prohibited and suing 266. . Nevertheless, CEU eTD Collection The judges remained uncertain about the court that was proper for the settlement of for settlementof was properthe this courtthat the about The judgesremained uncertain defendant’shave seemarguments notto been by considered judgesas the weighty enough. law of the land ( itsupport by the to particularHe claimed in speech clarity.with was defendant’s emphasized were restricted todealing only with thatfell undercases theso-called four articles. This point courts Warta castle the of theStatutes According to of court. castle the jurisdiction beyond the Strumilo,Such went it George since apparently was questioneda right by defendant, the captain. L’viv the of before court the pleadhis case to right theplaintiff’s concerning debate parties’ on the focuses record Strumilo. The from to had fled Siennowski who Jacob, certain was one of common most the ofnoble Itconcernedkinds disputes. a afugitive peasant, and case The StrumiloKamianka. of of Andrewbetween George stages Sienno lawsuitthe of On May 8, 1444, the scribe4. 6Knowledge of law and thepractice of interrogation of the L’viv castle court wrote downjudgment. in the register one of the bench of the king as the tobringAttempts acaseto be judgedby to alone. his captain the sentence,right alleging their with anddisagree assessors dismiss the to justifiable itas regarded often parties of the the case. If for some reason a captain was notable tobe present at the given court session, one proceedings. Litigants thatbrought their suits theredemandeda captain that himself judged in courts’ visible the castle isclearly in authorities casesbefore supreme the of judgment the as body possible. The pattern of justice andrepresentative assessors by as large,authoritative, imposition. sentence court “just” a that belief common a was It shouldjudgment. collective of idea the of corollary reflect a sort ofcases. overall The rightcommunity of of forbeyond practice operating ofjurisprudence principle transferring widespread the claims the disputing consensus partiesfundamental much more havea been seems to There typeof court. another casebefore the formed to move in thethe caseprocesswere not only the cause whichwas frequently exploited bylitigants in their tobring attempts to another of its court can be seen as a Therefore, courts faced a constant demands and pressure from toadminister from litigants facedpressure and demands aconstant courts Therefore, Blurred and contradictory spheres of competence among various judicial institutions iura terrestria iura iudex supremus ) as well as the Statutes of Casimir the Great. Nevertheless, were an extreme manifestation of the principal of just of principal the of manifestation extreme an were 89 CEU eTD Collection from 1532) (Warszawa: PWN, 1979), 35. praw praw z 1532r. and fifteenth centuries was noted by scholars of the late nineteenth century, such as Romuald as such century, late nineteenth the of byscholars noted was centuries fifteenth and collection. in one lawsgathered those whopossessed metnoone he had that and dignitaries three sixteenthnext the of beginning very the on issued law, century. Polish the of collection his to introduction in the Jan Laski noted thatcentury Poland.in It is hisreminiscent of timethe words of Jan noLaski, whoone explicitlyin law the fifteenth- statute knowledge of poor rather casesuggests Kingdom The Poland. of knewpointed to this factthefifteenth-century inthe Statutes oldother and these of laws norms the with familiarity of scope except two or the about questions some lawsuitraises of this in thecontext Great of the Casimir Statutes for the first time almost a century later, in the Statutes of Warta in 1423. The invocation of the norm statute asthe Theywerepromulgated Great. in the of Casimir Statutes the listed never were however, four paragraphs, These “four paragraphs”. by so-called the was regulated which court castle of jurisdiction the the to case of the conformity the focused on debate was debate. The court of the background normative to the irrelevant be rather seems to Great of of Casimir Statutes the to reference the that toobserve is important itvery Furthermore, palatinate. of Rus’ the registers court in fifteenth-century Great the of Casimir Statutes the of mention explicit only is the this my knowledge To case. in this found is which Great of the Casimir Statutes tothe reference the concerns observation firstMy counsel. norms in courseof the lawsuit,the and the procedureof prorogation of cases for further statutory of law,uses statute of the is, knowledge that case, of this aspects connected closely 262 of Poland. Kingdom fifteenth-century the be in law could statute the of knowledge the problematic how of suggestion the for evidence additional offers record the case exclude a possibility that the mentionof the Statutes of the King Casimirmeant that of Casimirthe Great. In this 261 habere.” est articulus terrestris vel castrensis iuxta eorum citaciones, si debet amittere vel litisquestionem alias prza 260 what kind of jurisdiction, castle or land, the case should be submitted. clarify to to inL’viv hisarrival palatine the upon sendcase to to the They decided dispute. this Statutethis by Casimir’s successorthe Olbrecht,Jan dated of by 1496 in: confirmation See the paragraphs. four mentioned the to justice captain of the restriction the confirmed 1454 Casimir are those of Casimir Jagiellonczyk,refers to the time of the described actionthan it would issuedbe highly likely the that mentioned in Statutes Nyeszawa of the king and pro quatuorOpoki articulis secundumnisi [s]tatutaRegis Kazimiri,” see Ibid., [Snyat]enensi, vol.incastro 12, no. 2774.If 1454. datethe in of nec entrythis villis - 1456 in One Andree servos entry nec officiales iudicare ofdebet the [non] StatutesSnyathenesis of the date October12, 1456: “Item Castelanis Haliciensis fideiubet pro Muszilone, quod officiales ipsius Quoted inWac There is one more reference to the to reference more one is There Ibid., vol. 14, no. 1074: “Dedimus ad dom. Paltm. Wthori pyathek ad eius adventum et ibi invinire debet, si The limited application of the norms of the statutes in the legal practice of the fourteenth of the legal practice inthe statutes norms the of the of application The limited In the following analysis I shall be particularly concerned with inquiry into several into inquiry with concerned be analysis Ishall particularly In thefollowing 262 (The attempts at condificatio Polish law in the first half of the sixteenth century. á aw Uruszczak, Próba kodyfikacji prawa polskiego w pierwszej po [s]tatuta Regis Kazimiri 90 contained in the Halych land court register under register court land Halych the in contained VL , vol. 1, 115.1. However one can not 260 á owiewieku.Korektura XVI Korektura praw 261 CEU eTD Collection 1-2 (1990), 20. ( 266 Ğ spo the late medieval Poland, see also: Hanna Zaremska, “Grzech i wysti “Grzech Zaremska, Hanna see also: Poland, medieval late the 1 (1976): 25-39. For a short but informative summary about gulf between the statute law and the legal practice in of Casimir the Great in the court practice of Little Poland in the fifteenth century) fifteenth the in Poland ofLittle practice court the in Great the Casimir of 265 times in his text how problematic was the application of the Crown’s Principality Mazoviaof into theCrownduring the1520s andstatutes noted 1530s. B.Sobol several was in the legal Bogdan study Sobol’s legal of the and aspectsof legislative incorporationthe of the from appears Asimilar picture for settlements. dispute usable of framework reference, anormative proceedings as court at mentioned never almost were Great, Casimir the settlement. The indispute of process normativebe the guide usedasanimportant precedents and to Polish law of the fourteenth century), fourteenth ofthe law Polish to the Statutes of Casimir the Great. In this way the The when taking cases made anyuseof the thatthejudges mentions in no sources are the there century Lesi Bogdan historian, Polish Another law. statute knowledgethe of from mostly poor their stemmed need for counsel, in the constant expressed 264 law) (Pozna practice. how rarely norms of Statutes the were applied poorwas andhow their knowledge inthelegal casescounsels and the theproper frequent about ways judgmenttheirof L. Lysiak showed of postponement medieval of the late awidespread worldexamining practice of By Poland. in legal the Great of the Casimir Statutes the of significance viewof the skeptical a highly Kingdom of Poland. proceedings fourteenth-century inlate court in ignored wasgenerally legal actions initiating foryears valid thetime three as prescription of period the determined that Great the Casimir of Statutes the of paragraph the that stressed Roman S. law. medieval inPolish prescription time the of study in his Great the Casimir of Polsce” (Notes on customary and statutory law in Poland), in his 263 Stanis legal historian prominent the instance, For society. Polish medieval in late law statute of functioning the Hube and Balzer. Oswald Prejudicates redniowiecznej, XIV-XV w. For this observation, Forthis see:Lesi Bogdan Ludwik Stanis Consider important remarks by Oswald Balzer in his “Uwagi o prawie zwyczajowem iustawicznym w á ecznej” (Sin and transgression: norms and practice of communal morality) in prejudicates á aw Roman, “Z bada 265 à Ĕ , 1889), esp. 102-4. Hemaintained judges’ thatthe inability pronounce verdicts,to which was as the source of the law of the land in old Poland), ysiak, “Statuty Kazimierza Wielkiego w ma prejudicates were recorded as a more or less stable set of sentences set andadded asamore orless court of the stable wererecorded adinterrogandum. á aw Roman drew attention to the ignorance of of norms Statutes of the to theignorance the drewattention Roman aw (Culture of medievalPoland), ed. Bronis Ĕ 263 nad dawno Twentieth-century scholarship further highlighted this feature of this highlighted Twentieth-century feature scholarship further , however, although they had been recorded in the Statutes of Statutes in the recorded been had they although however, , Czasopi Ĕ Ğ ci ski, „Prejudykaty jako 266 Ğ ą mo Prawno-Historyczne w prawie polskim XIV wieku” (Investigation of the antiquity in Medieval law was by its nature a law of alaw lawwasbyitsMedieval nature of precedent. 91 á opolskiej praktyce s Ĕ prejudicates ski, noted that during the whole fifteenth whole the during that noted ski, Czasopi Studya nad prawem polskiem Ī á ród aw Geremek (Warsaw, 1997), 539-40. vol.XVII, no. 2(1965),esp. 75-81. á Ğ o prawa ziemskiego w dawnej Polsce” mo Prawno-Historyczne Ċ pek: normy a praktyka moralnosci praktyka a normy pek: were designed to function as 264 ą dowej XV wieku” (The Statutes Ludwik took Lysiak also Studia Historyczne (Studies of Polish Kultura Polski prejudicates, vol. XLII, no. vol. 19, no. 19, vol. CEU eTD Collection „Dygesta ma 270 1958), 7-14, 17-21, 26-36. the fourteenth and fifteeht century), fifteeht and fourteenth the fifteenth century (approximate date – 1488). It was in the version of XIV i XV wieku” (The Little Greatand Polish druków (Syntagmata) by Adam Vetulani and the introductionSee preface ofcentury. Stanislaw Roman sixteenth the in:in known widely became way inthis and Lasky by Jan republished were Great 269 268 Historyczne 1532-1540” (Legalgrounds forapplying statutes customsand Mazovia in 1532-1540),in Great. of Casimir tothose novellas the asakind of its compilers Statutes of Casimir the Great. From this point of view the Statutes of the to those referred explicitly of Warta of Statutes the paragraphs of the since some of Warta were regarded by Thisbe for true from another. norms the especially partofcouldsubstitute one collection the to free felt its users of some that is itpossible one collection, as werecompiled statutes firstthe publishedbook of Polish law in so-called1488, the 267 still foundmore it todelay appropriate judgment and counsel the take of some superior but statutes, other and Great the of Casimir theStatutes of knowledge some possessed judges suggest that the to being The evidenceseems court. in his castle the sued support to objection the itwas precisely Furthermore, century. fifteenth inthe kingdom the of collection law official of a kind constituted have to believed and Statutes of Warta. the Statutes, from these paragraphs contained the Littlepopular Polish versionandmost the ismentioning it worth In regard this statutes. different several often contained widely of the Statutes which and century in thefifteenth law circulated which statute of usedthe collections numerous of fifteenth-centuryCasimir thatthe Great, the mention some mightGreat make it possible ofto propose a slightlyPolishthe different explanation.collection Statutes The interpretation might be between Siennowskimight andStrumilosuggest. The text of casespeaksof detailsthe which of Casimir of case as afirst of reading the absent ascompletely lawwasnot codified the of understanding statute the Great inlaw, can stillbeface bearguedthat It taken value. thisshouldat not by thecaseabove,however, recordknown referred as to one oflegislation. Crown’s accept the the local nobles were reluctantto ignorant or landsandhow newlyincorporated the practice of This is suggested by one of the best experts of the late medieval Polishstatutory law Stanis The Stanis Bogdan Sobol, „O podstawie prawnej stosowania statutów i zwyczajów s Syntagmata The picture of the complete ignorance of statute law, drawnbyLaskyandsupported ignorance ofstatute of complete the The picture The record also shows that Strumilo was able to articulate the correct legal norm norm legal to correct the toarticulate was able Strumilo that shows also The record á aw Roman, „Dygesta ma vol.IX, no. 1(1957), esp. 53, 55, 60-1. á opolsko-wielkopolskie”, 107. was the first published collectionof the Polishstatute law. It appeared inprint in the late , ed.Ludwik á opolsko-wielkopolskie a d Czasopismo Prawno-Historyczne à 267 ysiak and Stanis digesta Digesta á 92 and efforts to the unification of Polish law on the eve of aw Roman(Wroc collection which was taken as the basis for basis the as wastaken which collection ąĪ Polskie Statuty Ziemskie w redakcji najstarszych enia do unifikacji prawa polskiego na prze Syntagmata vol.X, no. 2 (1958), 106-7. 268 Syntagmata The á aw-Kraków: Zak 270 ą dowych na Mazowszu w latach Digesta that the Statutes of Casimir the Casimir of Statutes the that . 269 collection is often collection Since the various Sincethe Czasopi á ad im. Ossoli á aw Roman in his Ğ Digesta mo Prawno- Ĕ á omie sich, . It CEU eTD Collection scriptum, si debet iurare vel iam in hoc stare” in Ibid., vol. 14, no. 2040 (Aprilproclamatum,” Ibid., in5, no.482 (November 1448).1431);2, “Et ipse flectabit Crucemante et recepithoc adius sdawan,” alias sentencio terrestria statuta et citacionem iuxta Kmetham Iohannem eundem ego “ergo see: century similibus.” sibi testibus cum septimanis duabus in metseptimo evadere est decretum Cui decreverit. ius prout ipsam, evadere proposuitsed non quodhanc sturpacionem alicui denunciasset scripta, iura iuxta ergo Baschynsky estparatus 275 274 vol.12, no. 2399 (February 1451).1, For other similarcases: Ibid., vol.14, 35,no. 37 (July 15, 1440). dom. Iohannem de Lythwinow distulimus ad futuros terminos ad librum iurium seu statuta terrestria” inIbid., 273 272 Bak, “Introduction,”Bak, in norms of statutory law customsand in the process ofdispute settlement in medieval Hungary. See: János M. 271 law. of written the required procedures such ifable crimea serious asrape, he/shenot sue underwas wrongdoer the enoughto the castri aut terrestris iste articulus est statutes ( with of the court support another case his/herto forhis/her transferring claim confirmed ipsorum quesicionem statutorumdecausis inlibro ( cases difficult resolving while law statute of collections Domini, iudicatisme iuxta librumiurium insisted on their palatinate from middle the of fifteenth century the evidence showinglitigantsprovide how right to be judged of Rus’ the legal records The legislation. statutory of norms the of of application the according to the statute law community. noble the of values dominant ( and of of disputing politics context the wider to the was alsorelated but considerations, casejudgment soand the dependentpurely legal wasnotupon their to applicability systems normative these of each from norms of assess the relevance to ability the that shows negotiation and power play among all the major actors, involved in disputesuggests settlement. It also that a choice knowledgebetween forlocal and law, Itfurther of the proceedings. court customs accepted rules the norms of localseems and statute law towas The in case in local question justice a context. law in codified, written administering to the a processsuggest of constant meaning placethe poor knowledge whichwereascribed and only butlaw,also about of about that itwould speak be circumstances, authority. these not perhaps more reasonable to uses Considering of statutory norms were contingent to the context of local Ibid., vol.15, no. 1286 (October22,1473): “hec Vowda proposuit superBaschynsky, quod eamsturpasset, Ibid., vol.14, 3329no. (May 1455).5, Ibid., vol.14, no. 53(July 1440).29, See also another example: “Inter nob.Elizabethh deOstrin actricem et For the comparison, consider valuable observations by János M. Bak on the complex interplay between interplay complex the on Bak M. János by observations valuable consider comparison, the For AGZ, vol.12, no. 2396 (February 1451).1, This is not to deny that fifteenth century fifteenthdeny expansion witnessed agradual century not to society This is that Polish see in Ibid., vol.11, 3366 no. (May 1457);7, “tali conditione servata,si ius terrestre Regnoin fuerit Et iudex dixitulterius: damichi ad statutum iuris terrestris etvelle statute ponere,si Forfurther references to the statutory law inthe local court registers from the middle of the fifteenth Custom and Law in Central Europe, ). 274 275 The plaintiff was in danger of losing the case, even 271 ), 272 93 or how judges had recourse to consulting ed.Martyn Rady (Cambridge, 2003), 8-9. ). 273 Some judges required that a litigant that a required judges Some et conscriptum estinteripsoset Ipse dom. Iohannes dixit: Ipse dom.Iohannes CEU eTD Collection 2000,” in Górecki, Piotr and various groups andcorporations consults works bySusan Reynolds.overview ForC. see also: Brown Warren century) fifteenth 111-112; MarjanKarpi ziem ruskich w wieku XV 277 sententiatum, irritum remaneat et nullius roboris vel momenti.” See in doceant et informant, adquemsemper recurrant.Quidquid autemper ipsos aliterfueritjudicatum et terminos et sententias observare: nisi illos quos praefati domini Casimiri praedictus liberet consvetudines judices sedibus et tribunalibus judiciorum nostrorum praesidentes alios modos, ritus et consvetudines, circa generaliteruniversi eodem jure, modis, consvetudinibus et ritibus perRegnum nostrum potiantur; nec audeant fuerint,judicijs causasin nostris terrestribus proponentes vel proponere volentes, singularitersinguli et edicto statuimus, utomnes et singuli homines regni nostri cujuscunque conditionis, status, dignitatis aut gradus populus nobis subjectus et subnostro existens regimine, invarios ritus judiciorum dilabatur. Propterea perpetuo comprehendit velut unicus princeps et dominus aequaliterdominemur, nonest aeqvum, ut variis modis judicandi Wladyslas Jagie 276 nobles. and body dignitaries of by proceedings,attended a representative court local or werepassedatdiets many legal that provisions local the of century for fifteenth the was usual local It legislative due noble activity of palatinate corporations. to the landthe or period in which were thriving of that time. terrestres fluid and specified a vast realm of rarely to substitute than a rather wascomplementary royal Statutes, the of in theform promulgated and law, enacted The local customs. itswith relation mostly to owed law was inpractice statute of application of the state poor This rather character. occasional and adispersed bears still registers, court estate. noble of the mentality of representatives and the equipment legal somelaw then have of extentthe must to nobility, codified provisions reflected the the and king the of efforts collaborative the of mark the bore always Poland of Kingdom century of kingdom.the parts in various the thatexisted norms customs and legal unification the the of ideology towards legislative in royal trend the reflected appeal This activity. in their law statute the of norms the of make to use wider local courts the regularly encouraged statutes and Royal privileges infigured prominently thelegislative fifteen-century ideology of Kingdom the Poland. of of dignitaries often functioned as forums for clarifying some conflicting and difficult legal of settlementsdispute and The regulation local courts’ the of procedures. anddiets gatherings rules the with frequently andwasmostconcerned character acourt-oriented bore legislation For the legislative activity of diets of the fifteenth-century Rus’ palatinate, see: Henryk Chodynicki, See forexample the clause of the general confirmationof the privileges and rights of the Kingdom, issued by Some of these local laws and customs were fixed and written down as statutes of the asstatutes down and written fixed were customs and laws local of Some these fifteenth-century inthe across comes thatone statutes, to the references the However, statutes the of implementation the about worries that forget not also should One Conflict in Medieval Europe . The statute law of the fifteenth century failed to supersede local legal local customs legal supersede to failed law century fifteenth of the statute . The áá “ o Czerwinskoin 1422:in “Caeterum cum omnibus terris quas Regni nostri ambitus (Lwów,esp. 18-22, 1935), 27-29.On the concept ofmedieval law as collective activity of What Conflict Means: The Making of Medieval Conflict Studies in the United States, 1970- Ĕ ski, (Diets of inthe Rus’fifteenththe century) lands (Lwów,esp.88-100, 56-73, 1906), 276 Ustawodawstwo partykularne ruskie w XV wieku Because important royal privileges and statutes in fifteenth- the statutes and privileges royal Becauseimportant , 14-15. 94 VL , vol. 1, 37.1. (Local legislation of Rus’ lands in consuetudines consuetudines et laudes 277 Suchlocal Sejmiki CEU eTD Collection se procedat et iudicatur de premissis hominibus.” dominus Senco: male fecistis, quia ultra consweta statute omnia hec fecisti, sed tamen illud, quod statuistis, ante Russie generali naraverunt et domino Sencone et aliis dignitaries et terrigenis. Qui dominus Pallatinus et 280 XV this legislative decisionof the Halychdiet can be found in Henryk Chodynicki, aliquem dominum vel terrigenam vel eius officialem predestinabit pro fure de castro.” The short comment on Michaelis Pallatini Podolie et domini OdrowanschPallatini et Capitanei terre Russie generalis, quod cum 279 of the local case law. Karpi M. It that seems explanation. proper without remained others, disregarded but legislature, local as decisions court the of some Karpi compile classifyand the body of the local legislative texts from the fifttenth-century Rus’ palatinate see Marjan law. statute already existing against because itwent statute aforementioned for the enacting lands diet. the at passed decrees other among thatthis lawbewritten ordered previous diets.The noblesalso at been enacted already legal gathering “reminded” provisions thenoblespresentat had thelawaboutthievesthat enacted newly some to in addition that reveals proceedings of diet’s the record The thieves. generalis ( assembly judicial palatinate whole the of gathering subsequent the At kingdom. of the Statutes the land to law the of promulgated the of conformity the debates over noblesinbetween the disagreementlocalregarding engaged law-making, showing their promulgatedby of dietHaly the statute the for example, case the of legal This was, practice. in current importance the their re-established local place Inthisduring repeatedly of waythenorms diets. regainedsuch local andstatutes reconfirmed through ritualthe “reminding”of andmemorizing their provision which took and werere-enacted statutes of these Some norms. and of statutes such enactment creating H. new Chodynicki,legal norms, 278 procedure. andconcerned settlement court norms that dispute law,local of especially and creation reproduction became the for major sites Thus local courts practice. incourt asaprejudicate be subsequently and used could as aprecedent norm legal sources as statutes. In fact, every significant verdict of a court could assume the character of a constituted gatherings such at taken decisions and Judgments theverdicts. for cases their bodytransferred of the official orissues. Such diets and sessionscourt frequently served aswhich of courts appeal, nobles to semi-official legislature, and are often referred in the Ibid., vol. 12, no. 1525 (January Ibid., vol.12,no. 1525(January “Quecolloquio 15, 1445): ingenerali statute domino coram Pallatino terre vol. Ibid., 12,1395 no. (July 1444): “Primo2, memoraverunt invencionem felicis recordy magnifici Consult remakrs ofH. Chodynicki about the role of diets the in interrogationprocess, which resulted in , 95. 280 Ĕ ski inhis The scattered evidenceThe scattered offers thepossibility of unfolding some details of the ) the representatives of representatives ) the Haly Ustawodawstwo ruskie partykularne Ĕ ski underrated the fact that all court decisions could be considered as constitutive elements constitutive as be considered could decisions court all that fact the underrated ski 279 Sejmiki ziem ruskich w wieku XV The records further supply evidence some The further revealing records þ land were reproached by some dignitaries of reproachedbysome dignitaries other land were . The principles, according to which M. Karpi M. which to according principles, The . 95 þ land in 1444 regulating the persecution of persecution the landin 1444regulating 278 , esp. 11-112. For the the , esp.11-112.Forattempt to Sejmiki ziem ruskich w wieku Ĕ Colloquium ski classified ski CEU eTD Collection justice. The author criticized the bad customs of contemporary courts that had become that courts of contemporary customs bad the criticized author justice. The Swi for named Great, the Casimir of Statutes the of translation Polish fifteenth-century reason. contrary to was laws andlegaltraditions inthe single kingdom in the sixteenth century. According to the to According century. sixteenth the in practice oflocal This situation deploredmainly bymanycourts. was observers, contemporary lack of in andclearly established rules procedures of application the in codifiedthe the law norms’ application. Resulting of picturefluency was and uncertainties about existinginconsistency the legalto normsled as well that as a factors significant as out stand adjudication, and norms legal the interpreting in participate to community the of member every almost allowed which knowledge, legal the of character communal nonprofessional the and composition, court’s fluidity the the of legal the process, governed Orality,which proceedings. atcourt debate of matter permanent was a a case judging apply to while procedures statute lawsomething wasnot could that be taken for granted.Whatkind of norms and norms and rules. Kingdom of Poland. lawof The kingdom the consisted of competing irreconcilable and often As a consequence, medieval late the of legal system of the feature particular one demonstrates nicely evidence agreement on referencethe to the kingdom’s Statutes,classification a local between discern diet’sto statutes,difficult it make and sometimes unwritten law, of local kinds customs. existing all describe to used of crimes found in the 283 statute ponere, si est articulus iste terrestris aut castri” in Ibid., vol. 14, Ibid.,no. vol.3329 12,no.(May 3140 (February 5, 1455).6, 1464); “Etstatuta iudex dixit ulterius: secundum da michi iudicare ad statutum iuristerrestres terrestris seu et velle particulares terminos “decreverunt 1439); sui domini recipiens violentereosdem mactasti contra statutum terrestre” inIbid., vol. 12, no. 491 (January 19, Ibid., vol.in 117(October12, no. “quia 29, 1436); quinque porcos, marcampertaxando, unumqueque silva in vol. 11, no. 482 vol.11, no. (November 1431);2, “quos recepistiab reclinatione et contra tenes 282 septimanis adversus dominum Iudicem pro homine, quod nescivit decomposicione ista nova.” seu istas novas statute hominibus.”1540: de Ibid.,no. Michael “Dominus Buczaczsky duabus habet iurare in 281 bound such contemptuous nobles to swear an oath to prove theirignorance of the new law. assessors judges and court the cases In such statutes. promulgated recently of ignorance their locallisted norms. Some of justifiedthem,however, their conduct by drawing onthefact of the to adhering not of reason the for court in be sued could Nobles provisions. statutes’ local pressure onindividualsshowedfor orwerereluctantaccept contempt who someto of the local example, noble promulgated law the For inpractice. community of Haly Joannis Ostrorog, See the following examples: “tali conditione servata, si ius terrestre inRegno fuerit proclamatum” inIbid., composiciones nescivit Theodricus quia reclamabat, Teodrici “Familiaris 1445): 15, (January 1539 no. Ibid., Ċ tos The same designations, like The same designations, The history of some of these land statutes provides glimpses of attempts to enforce á aw of Wojcieszyn, voiced similar worries about the state of the administration of administration of the thestate about similar worries voiced Wojcieszyn, of aw Monumentum , 51: “quae diversitas in uno praesertim regno non est rationi consona.” rationi est non regno praesertim uno in diversitas “quae 51: , statuta terrestria Monumentum 96 or by Jan Ostrorog, such a diversity of lauda terrestria lauda statutum terrestrem usque ad occasum solis” in 283 , which were widely The prologue of the þ land put 282 eosdem” This 281 CEU eTD Collection suffert, merito non estperamplius protegendum senec Violenciam ultratueri potest. … pater ipsorumgsus.septim. Olechnosex de et anni unius decursum per quicunque quod canunt, statuta Et est. non possessione eadem in annis octo ab iam et quiete et pacifice decursum anni unius per contentas cittacione in curias 289 288 iuxta laudum terr., quiatuacitacio canit, ut in primo termino pareret Stadniczsky peremptorio iuxta laudum terr.” infirmitate. Etpars respondit, quia tu non habuisti potestatem reponere simplici infirmitate terminum tuum et hec et trahebat se pro corulo ad statutum Varthense, quod actorpotest semel terminum suum reponere simplici 287 tergiuersationes natae, quae lites infinitas et multorum annorum spaciis durantes pepererunt.” 286 uidetur,ut in una respublica uiuunt quique uni principi obtemperantdiuersis legibus utantur.” 285 after Wac after rozmaito local noble, Olechno of Cheremoshna to the L’viv castle court. a sons a suitagainst the of Mathias brought Snyathyn patrician instance, Lviv in1466,the futuro moderno et antique, neque aliquotlaudo particularibus, convencionibus generalibusneque nec Sbroslaum necmandatesRegis,colloquiogenerali, debet evadereStansilaus law: statute future norms of or of existing underold, pretext the incourt responsibility or avoiding terms of the explicitly contract the the thepossibility canceling of excluded of land,the would be regardedasthe final one. custom the to session, according firstcourt which, the appear at must Stadnicki that stipulated claim with letter the of pleading,in which Burzynski himself sued Stadnicki. Theletter Stadnicki denied such a right on groundsthe ofan land custom.existing his Hebackedup had a right to postponeBurzynski maintained, provisions Warta, tothe thattheplaintiff referring Statutes the of of the case inonce between held Paul andBurzynski Nicolas landStadnicki, inthePrzemysl 1474. court for the reason of proceedings. court A isfor story instance,telling provided, bythe of disputethe record of the simple courtroomillness. by reference to local customs. ThereInstead, is plenty of evidence to exemplify thisNicolas aspect of disputes. number of a great terms endless forsource proliferationthe litigants’ of subterfuges in which courts, the in resulted in turn the 284 inkingdom. one variety laws express situation of of suchagreat existence theunnatural tothe of “monstrous” term used the who Frycz Modrzewsky Andrzej vigour by with particular was conveyed cases. judging similar in andrules norms employ different to accustomed Ibid., vol.15,305 no. (April 21,1466): “domine Iudex. Doms.Mathie Sniathyndicit se tenere predictas Ibid., vol.12, 2969no. (July 1460).21, Ibid., 225: “Nam propter legum diuersitatem et professores diuersi sunt et multae iuris cautiones multaeque esse simili monstri profecto hoc “Nam 224: 5, XXI. cap. Legibus”, de “Liber Modrzewski, Frycz Andrzej „...w ziemiach pa ziemiach „...w AGZ . , vol., 497 (February17, no. 1474): “QuiPaulus12, ipsum Nicolaum pro iniusta condempnacione citavit 288 Some private agreements, concerned with payment of debt or mortgaging agreements,Someor of concerned private withpaymentdebt property, surprising,It is not that therefore, law statute the was regularly inchallenged the Ğ á ci jakokolie o jedeni ten aw Uruszczak, aw People could be accused of negligence to hold this particular term of contract. For contract. of term particular hold this negligence to of be accused People could 285 Ĕ stwu naszemu poddanych wiele rzeczy ws rzeczy wiele poddanych naszemu stwu He also considered the diversity of legal customs and norms as the main the as norms and customs legal of diversity the considered Healso Próba kodyfikacji prawa polskiego w pierwszejpo Ī eisty uczynek inako a rozmaicie rozstrzygniony a skazany bywaja”. Quoted 286 97 287 ą dziech niejednostajnie, ale pod ale niejednostajnie, dziech 289 á owieXVI wieku, Olechno had mortgaged Olechnohadmortgaged one 284 A similar critique similar A 24-5. á ug umys ug et non et á ów CEU eTD Collection iudicantur,quia hoc est indetrimentum iurium terrestrium.” 291 quia regia Maiestas se inscripsit nemini literas pariudiciales dare.” Maiestas ea confirmavit et promisit nobis tenere. Et precipue habemus unam constitutionem ad literas regales, 290 ipsorum.” Thartarorum bello nec nec prescripcione regalibus et hic ipsum literis prescripcione nec evadere evadere iure nullo pretenduntMathiam filii ipsiusprenominatum post mortem patrisse rescripsit Czeremeschna judgment. letters inhibitionissuing of which gave the right toone postponeof partiesto the thefinal – claimed one of the litigants while challenging the royal right to intervene litigants. of in his suit byin invoked speeches in the law of course disputes, the werereflected of statute of diffusion the effectively challenge royal encroachment on noble privileges. These ideological implications was employed guarantee autonomy the appeal statutes justicethe noble to to and of noblegradually became Frequent of ideology and touch-stones the self-government. one of statutes the century fifteenth During the andlitigants. by local courts accommodated superiority of the local customs over, did notmean that the codified law was not mastered and defense. owner’s of prescriptions time concerned which norms legal existing all from himself excepting defendhim, to Snyathyn however, hadpromised Snyathyn,claimed thatOlechno who by for argumentwasrefuted expired. defense which the prescription This time the of defendants lastlonger themustargued, that nodefense year than andsixweeks, after one Snyathyn’s possession of on grounds the existingstatutory law. stipulated, Thestatutes the noblesthe from Cheremoshna justified their refusal provideto further defense for Mathias agreement. In sticktheir these for of turn successors refusingto terms blamed to Olechno’s mightandbe that wrongdoings raisedconducted against him.or Inhisallegation Snyathyn toSnyathyn hisdefend of newownerthe guaranteeing estates possible to against all claims court, who joined the speaker in their disapproval of of royal the in action: whojoined speaker theircourt, the disapproval significant.in Henoted thisthat speech was followednobles by voices of the present the Ibid Ibid., no.4553 (April 13,1498): “nos habemus etconstitutiones terrestres et Regni, laudum quiaregia land.” case insuch be itbecause a way,was believedharmful to law tothe of the then noblesall loudly shouted and natives judgingprotesting against the . : “exinde omnes terrigene et nobiles clamoriosa voce dixerunt affectantes et petentes ne tales res tales ne petentes et affectantes voce dixerunt clamoriosa etnobiles terrigene omnes “exinde : This coexistence of local customs and the statute law, which most often turned into We haveWe Constitutionsand which areconfirmed Kingdom aLawof by the which the Royal Majesty promised to give no one the pre-judicial letters pre-judicial the one no give to promised Majesty Royal the which by letters, theroyal about constitution particular one we have In addition His Majesty King,whothe assured usthathe wouldkeep them untouched. 290 291 The words that the notary added at the end of his account of this litigation are litigation of this his endof account the at notary added thatthe Thewords 98 CEU eTD Collection Kingdom of Poland. Some sense of this negative side of negative of the side senseof this Kingdom Some Poland. of medieval late in the justice of administration in the shortcomings evident most the of one in meanings itopinion public society.contemporary Ontheonehand, was considered the of interrogation,itformust be thatthis procedurewas with added endowed some ambiguous est duovulneranobiliacruentata, sedsolucionem vulnerumignoramus sentenciare pay: hadguilty to person adjudicating the wounds of plaintiff,the bututtered inabilitytheir define to the fine which the deliverjudgesa sentence, managedto instance, forms. for very In case, one curious Unde pro taliarticulononsu[mus]competentes 296 295 294 293 court practice of Little Poland in the fifteenthcentury) his studies, L. Lysiak addressed the question the L. Lysiak addressed studies, his 58-63, 70.The scholarwho was particularly examininginterested in the problem wasLudwikone of In Lysiak. nescimus diffinire cases like of prorogation the of on occasion records inthe passages canfind cases. One Judges willingly inexperiencequite orincompetenceand frequently injudging their confessed view.of point tosupportthis of legal palatinate Rus’ the can bedrawnfrom records the Statutes of Casimirthe Great in the legal practice of the fifteenthcentury Little Poland. the for turned of courts sorts various interrogation while considering which to doubtful cases.SeeHenryk Chodynicki, institutions, as diets local of role the out pointed Chodynicki of law wereinterrogation. The first observations about thepractce of madeinterrogationand its connectionwith the bad knowledge by Henryk292 Chodynicki, in his study of diets in the fifteenth-century Rus’ palatinate. H. most plausible explanation for a proliferation of sentences. final hesitation judges rules attesting constantaboutcourt of the norms of to and delivering Kazimierza Wielkiego w ma Poland. clauses The ambiguity and multiplicity of norms invoked in legal actions in medieval late the Kingdom of interrogandum note the of form in the records legal inthe often most appeared counsel further for of case the Prorogation consideration. for further it andtaking case the rules waspostponing Ibid., vol. 14, no. 435 (June 22, 1442). Ibid., vol. 12, no. 4233. vol. Ibid., 11, 3317no. (March 24,1456). Historians have not pay enough attention to such a wide spread practice of postponement of cases and of cases postponement of practice spread a wide such to attention pay enough not have Historians AGZ, The pattern belegal The incasesinvokingwhich always observed can almost pattern conflicting vol.14, no. 772 (June 21, 1443). Speaking about the negative aspects of the practice of endless postponement of of cases postponement of endless of practice the aspects negative the Speaking about Following the arguments of L. Lysiak, a poor knowledge of law can be seen as the . Such clauses can be taken as one of . Suchclauses canbetaken oneof as mostthe cluesindicating noticeable the 292 , 293 ad interrogandum Nos autem horumtamquamimperiti adinterrogandum recepimus á opolskiej praktyce s sentenciamus, quodWoythka conthoralis eiusdem Korzyenlucrata ad interrogandum burgeoned in records of the fifteenth-century courts, fifteenth-century of in the records burgeoned ą dowej XV wieku” (The Statutes of Casimirthe Great in the Studia Historyczne 99 ad interrogandum ad . 295 in more general context of the applicationof the Sometimes their ignorance could take ad interrogandum 19.1 (1976): 25-39. Sejmiki ziem ruskich w wieku XV clauses. Plenty of evidence See, à procedure can procedure ysiak L, “Statuty L, ysiak . 296 , esp. Ideo , 294 ad CEU eTD Collection 301 ad dominum regem et nonfaciastis vobis difficultatem in isto…” Woyczechowsky pars citata postulavit dominum Iudicem, dum interrogacio nonexivit date michi domine iudex 300 oblivionis et non receptioneoccasione minute una Minus de domo marcar. inscribere quadraginta fecitdampnum adquatuor super septim.”Raphaele cum Iohannem et actorem Lopaczensky 299 ipsis filiis fuit adiudicatum, sed causa ad dom. Capitaneum suspensa fuit.” 298 297 clarification and judge’sthe final However,sentence. hopes his were in vain. judge The palatine’s the both obtaining of hope in the session court the attended Vyrzba John that relates record The palatine. the of interrogation the for judge the by postponed already been had thecase described events the of time By the Wolczyszczovycze. de Budzywoy of daughter the Jadwiga Cholowska, and of Grodna JanVyrzba the plaintiff between dispute covers interrogation. one of in last text phases The the of procedure manipulating the the by inthedisputes pursue theirinterrogation andabuse own goals of able thepractice to this action. time of the been until casehadnot renewed the hearings placeof and hadnevertook aninterrogation such disregard, judges’ orcaptain’s the becauseof However, captain. the interrogation of for the hadbeen postponed case before the someit times that was revealed Instead, in case. the reached hadeverbeen outcome definite no that discovered was it register, the consulting Upon register. in the written been have sentence,supportmutually must byreferring the court to which their to exclusive statements thethat judges’ hadfreedsentence himfrom both guiltand Bothrivals penalties. then claimed father. plaintiffs’ the murdering return blamedforhad he afterthings refusing their to misappropriated which opponent plaintiffs the case, first the In litigation. the of middle in the reader the andsituate disputes pieces long-lasting concern attwo beby looking Both evidence. of more closely acquired the needed advice of higher dignitaries. needed advice the of how much have must on pressure thelitigants sometimes exerted judgesin the toobtain order interrogation. casefor the demonstrate how lawsuits fell into oblivion because of the negligence of the judges who took chance to raise a request for sending the case to be judged by another court. by bejudgedfor sending caseto another the arequest toraise chance waysabout of settling could adispute alsobe takenby one of litigantsthe as afavorable officials other judges ininterrogating The of neglect courts. fifteenth-century of practice the servedas accidental casesin for an forgetting deliberate or about procedure the occasion Ibid., vol. 18, no. 3421. Ibid., vol.1502): 4054 (April18, no. 5, “Iudex responditinterorgavi non alias nye vypythalem. Thomam nob. inter dampno et iuramento pro decernendum ad “Terminum 603: no. 17, vol. Ibid., Ibid.: “Et ininscripcione secunda etlibro tempore domini Slawsky invenimus, quiaadhuc nullum lucrum Ibid., vol.13, 5178no. (June 13,1463). Another record, dated in toJune dated demonstrates land record, PrzemyslAnother the 25,1505, register 299 This sort of evidence seems to suggest that an 297 The objected bymaintaining accusation opponent tothis 301 Simultaneously the case shows that judges were 100 298 Similar pieces of evidence 300 ad interogandum CEU eTD Collection increased, it were usually representatives of aristocracy, who, due to their influences and duetotheir aristocracy, who, of it representatives were usually increased, inOstrorog his profit. judges,true forcorrupt but menwhosought to courts and the turn situationthis their to notfor as abuseof appropriate law, byFryczthe was castigated Modrzewski mode of conduct caring examine to such justice,cases and deliver they hearings This for otherpostponed dates. much were deserving Not of judgesthat asdifficult simplereprimand. whodisregarded cases said Thejustice. author of state for this of responsibility the part theirbe must chargedwith agere personam iudiciis, sed eius, qui sibi rebusque suis consulat et ad suum emolumentum omnia conferat.” omnia emolumentum suum et ad consulat suis rebusque sibi qui eius, sed iudiciis, personam agere est hoc Non reiiciunt. ulteriorem diem in iusticiamque curant not cognoscere exacte causas praebent, adeundo 303 optatissimae.” dierum in nostris iudiciis receptae odiosissimae sunt hominibus qui patiuntur iniuriam, iis vero qui intulerunt avoid making in to them use of order punishment. cases, of postponement constant the from benefited wrongdoing for blamed were who men those custom. Instead mostodious asthe cases of prorogation consideredthe suffered wrongs had who people the that contending opinion a contemporary voiced Modrzewski Frycz his Frycz In byAndrzej Modrzewski. was emphasized strongly be viewed as a symbol of the negligence,to came interrogations further of cases for abuseof aserious law.Postponing the represented inefficacy, and corruption of the courts. This point 302 a higher judge ( the to court Following the judge’s claimedresponse, Vyrzba the assistance of bailiffandthe summoned words: these palatine.” However, judge the thisfact. denied The judge justified his indelay interrogating in think that the interrogationimplyjudge,addressedbelieveseems he the judge. It the not did he inclinedthat that was to had in factinWords, Vyrzba following Vyrzba judgeon andthe occasion. which this between dialogue taken place: the register into the wrote The notary “Iyet. thepalatine interrogated he hadnot that admitted know that you did interrogate the sir Ibid., cap. XVI.15, 203: “magno digni sunt odio isti, qui rerum quamlibet leuium causa difficiles se in Andrzej Frycz Modrzewski, “Liber de Legibus” in his in Legibus” de “Liber Modrzewski, Frycz Andrzej 303 The practice of prolonging interrogation was seenas was interrogation prolonging The practiceof Because of some errors in his writing the sir palatine badly informed me, informed in badly his sir the palatine of errors writing Because some the wrongthe judgment. avoidto inby order be palatine the considered again caseto request the for medeliberate it wouldmoretherefore, tothis bebetter issueand on Another negative aspect of the practice of revealedbyJan was delaying judgments of practice Anothernegative aspectof the Monumentum movit judicem . Ostrorog observed that as the mass of delays of cases of delays mass of as the that observed Ostrorog . ). 101 302 Commentariorum AccordingFrycz to judges Modrzewski, dilatio justitiae , cap. XIIII,, cap. 191:“prorogationes De Republicaemendanda and in regard this CEU eTD Collection 3717. 308 307 306 debeant.” audire eam nec interesse interrogationi interrogationemexpediverit si non tempore mediomoneri, ad interrogandumJudex potest eo pro habito et praeterito; interrogacionem, cum autemexpedire fit interrogatio debet septimanis partes sedecim nec in castren. protrahere nonpotest nisi ad tertios terminos, sed in tertijs terminis interrogationem dicere teneatur et Judex frequently men emphasizedsession. paucity was present atthe of seen court as an It enough sentence. judgment orland’sjudicial decisive todeliveras the be court a assembly, used would men to institutions instance, forhigherfrom counsel, or of position. Such received, royal the interrogation further for turn then nevertheless, and, litigants the of one to case the adjudicate pro meliori iusticia ad interrogandum adiudicare vadii utrumsunt potenteseandemcausam receperunt adinterrogandum, sentencia diffinitiva as statements such court from clarity particular emergedwith cases’ postponements, to led which judgment, their of thelegitimacy about This uncertainty verdict. the promulgate to worries abouttheir empowerment constant judges’ the inlegal revealed interrogation practice interrogation.further The useof appealfor and delay judgment, to norms, to prescribed the ignore judgesmadeto governingthedecisions reasons wereother there that can besuggested septimanis 305 possiblein ways whichmeanings of the weeks. seventeen given judgemakingfor the to case expedientbyinterrogation the was setbycustoms as 304 case. the of hearing third the timelonger of the nountil than dubious was raisedin judging acase the judge could postpone casethe for interrogation for land, down written and confirmed by Kingin Alexander 1506, specified thatif something of legal Cracow example, the customs For this regulate practice. to were undertaken king, withoutsettlement of their disputes. left nobility andwere often first.middle sort Poor got adjudicated power, their cases See, for example, the case between Frederick of Jacimieraz and Margaret of Bolestraszycze: Ibid., vol. 13, no. 13, vol. Ibid., of Bolestraszycze: Margaret and of Jacimieraz Frederick between case the example, for See, Ibid., vol.14, no. 196(February 25, 1441). AGZ, VL Jan Ostrorog, , vol. “Item cumjudex1, 143.1: , accipiet interrogandum ad aliquamdubietatem alias rem, ulterius vol.13, no. 3717 (November8, 1448). The issue of the legitimacy of the judgment was also raised in connection with the However, these interpretations of the spread interrogation of exhaustnot did all spreadinterrogation theseinterpretations However, the the It isIt surprisingly not that sometherefore local legislative approved by initiatives, the 308 . , 307 306 The insistence on legitimacy is also visible in attempts to justify the recourse the justify to in attempts visible also is legitimacy on insistence The Monumentum hoc nosdiscernere aferiasecunda nonvalentes dedimus prox.Adquatuor by the need toprovide the parties with better justice, or as one record put it, . In justice,their. In pursuitlegitimacy and of better judgescould first , 49, no. XXXI.,“De admittendis personis ad judicium.” 304 ad interrogandum ad 102 procedure could procedure beexplained. It 305 The general period of time Et pro Et CEU eTD Collection celebrari debet Leopoli…” debet celebrari proximo in que convencionem ad generalem Russie Terre Capitaneum et Palatinum et mfcum. Archiepiscopum 314 Reynolds, “Rationality and Collective Judgment,” 6. 313 contra dominum Clementem Byeleczsky pro homine, qui Clemens clamabat se ad plures dominos.” 312 311 310 309 themselves claimed the right tosend the case to the consideration dominorum magnatorum. proximeprorogamus venturaperunamseptimanam,quiatuncpluralitasaderit aferia interrogandum addiemcrastinampluralitatemdominorumeandemcausam well: as records other many in found be can reasoning of line similar quousque nobiles noluimus etplures fient suspendimus addominumCapitaneum, as, inhopes attendanceof by better nobles: aswell captain the of arrival case the until suspendedinstead the but deliver sentence, the to want not session did they court at the present afew of them only since were that there stated clearly assessors the court record In one interrogation. case for the postponing for excuse ( justice better and legitimacy for quest their In process. adjudication in the assessors as court possible.not Thismeant only also but quality quantity the the peoplethe of whoparticipated judgment. a case could about for apossible be preventing of accusation indispensable an unjust assessors sought to provide, first of all, the participation of powerful men, whose opinion process in the late medieval Kingdom by in Kingdom collective Poland ideaof medieval of the process wasdominated late the archbishop andthe Rus’palatine- wasexpected. and captain catholic Lviv –the local elite of members other of arrival where the diet, Palatinate’s the wish to judge the case themselves ( castellans and, the Halych landjudge. Despite their high status, those dignitaries expressed no highest Halych andLviv bythe –the representativeslocalthe 18, 1462,attended of elite fellows. This was,for example, the case of a hearing in the Halych land court held on October their of of some absence of the caseinview topostpone the itas better regarded proceedings, meliora justitia Ibid., no. 4172: “Que premissa exaudientes et soli discernere nolentes, hanc rem dedimus ad rev. ad dedimus rem hanc nolentes, discernere soli et exaudientes premissa “Que 4172: no. Ibid., S. see: West Medieval the in ofcommunity law the represent to powerful the to prescribed role, the On Ibid., vol. 1525(January 12, no. “dominus Iohannes15, 1445): Castellanus Haliciensis querelamproponebat Ibid., no. 2500 (November28, 1447). Ibid., no. 2498 (November27, 1447). Ibid., vol.11, no. 25(February 15, 1424). The spread of The spread While judging a case the body of assessors was supposed to be as representative as 313 Sometimes even very men, Sometimes participateeven powerful to gatheredincourt its ), asis behindrevealed of some ad interrogandum ad 311 The same pattern is visible in records in which the litigants the in which in records isvisible pattern same The soli discernere nolentes clauses clearly demonstrates to what extent the legal the extent towhat demonstrates clearly clauses 103 Tunc nosapparebat essepaucos et diffinire ad interrogandum ), but postponed the adjudication to 314 ad plures dominos clauses, the judgesand Ideo nos recipimusad Ideo nos . 312 . 309 , A 310 CEU eTD Collection case to the further interrogation: further case tothe a postponing text in alegal articulated is clearly idea This community. of members the all 316 Peacemaking and Bloodtaking norms of procedure, considerSusan Reynolds, “Rationality and Collective Judgment,” 8-9; William I. Miller, 315 that final verdicts do not require haste is strikingly reminiscent of the words of Fredrick judicialpostponing case for the thenext land.assembly of the hasten with thejudgment,delivering buttoaspiregain to equity the forparties,” both between Michael assessors of Lvivthe courtheldcastle seriouslyMuzilo differing opinions injudging the dispute and Christopherjudges and assessors would bein When, inconcord. for example,1446, thejudges and all which on judgment, of terms ofseek to time the Sant wining of hope the indicates it Romulorandom; the decisioncommunity consent. Therefore, was finding a prorogation passed of a case for further interrogation is not“notand overall collective judgment speak first all of justiceto about meant speak about to to ofpalatinate medieval judgesRus’ late forthe disputants and me that again Let repeatonce judgment. rathern legal than rathern andfacts law. of norms statutory sense idea tostrengthen basicprincipalsandjustice,community, of of tended equity whose whatwas much moreoften followingto canbeKern,Fritz susceptible legal acommon called, dispersed among a domain represent not was rather butmonopolized by of lawyers, a group professional all those who belongedall members of the local noble community. Legal knowledge and the right tointerpret law did to the noble estate. In general, dispute settlement interrogandum.” ad Palatinum dom. Michaelis, s. diem crastinam ad non receperunt domini “Et factum, hoc 1448): 4, sentenciare concordare (September 2114 potentes no. Ibid., see: counsel for case the prorogation for cause a as consent of common lack the showing examples other some For facere.” equitatem parti unicuique sed precipitare, 318 fiat iniuria.” predictas, extunc ipsis Capts. Dabit terminum ulteriorem cum ceteris dominis taliter, quod utique nulla parcium 317 York and Evanston:Harper Torchbooks,1970), 156-158. Fritz Kern, “Law and Constitution in the Middle Ages”, in his and process legal medieval of the understanding the for central as judgement of collective idea the About Ibid., 1804no. (October20, 1446): “Et domini omnes prefati condictantes invicem, innolentes hac causam AGZ, The best justice foundations consentandadvice on The bestthe weregrounded whose was one, of the occurrence of occurrence the of any litigants.injury both to preventlords to other inorder hearing the participation of with further a parties give the should captain then the parties, mentioned come able the not anddiscuss if to lords are all vol.14, no. 552 (December5, 1442): “Si autem omnes domini convenientnon vel nondiscucient partes 315 The administration of justice was seen as a common right, even an obligation of , 251. 104 317 316 Kingship and Law in the Middle Ages 318 This principle postulating Thisprinciple (New CEU eTD Collection and their application in the disputing process appear as the process incessantnegotiation of astheprocess in appear and process disputing application the their law.customs Local statute bythe influenced particularly not law, was and local of customary norms. legal of the and substance meaning the about andnegotiation communication oral constant of aprocess making were law- lawand interrogation, the of Inview practice the legal spreadof the of provisions. unchaging and unified written, abody of law code, a systematic not law was asthe Galicia by governed written legal inabstract Whatwas provisions. fifteenth-century understood was less settlement and dispute judgment of process modecommunication.The oral of law-makingThus, implicitly involved in of procedure the interrogationthe inwas rooted the character. anoral essentially with procedures – answers receiving and questions of asking level on kingdom. the the lawof promulgated written of the acceptance of corollary necessarilycase a werenot judging for that appropriate this or which norms wereregardedas judgesin or whichcourt determining, opinionthe lawsuits of court isthat of ofthese some What activity the castleseemstofollow court. regulating the from clearly records of the quite for which called Warta, law of statute the of norms the contradicted they openly that fact despite the court castle tothe brought were some that allegations show above mentioned up. Thecases set triedlegislature to fifteenth-century jurisdictionslines the that the through of justiceideology and of the promoting agreement. aimedcommunal at legal concept, courts. Both clauses could be seen as two, complementary sides of the application of the same interrogandum useof wide betweenthe is similiarity it notingworth astriking there that this regard interrogation andpostponementclose in privatearbitration meaning to andpeacemaking. In principles underlying the spread of spread the underlying principles nach der Wende 1989 ed., Borgolte Michel in Mittelalters”, früheren des Rechtskultur oralen der in “Rechtstexte 320 1968), 591. ed. with a new introduction by S. F. C.Milsom, vol. 2,(Cambridge and New York: Cambridge University Press, 319 may be fair.” it in order slow be must “Law law: medieval of principles major the of one about Maitland injuria On the oral character of the procedure of interrogation about the law in the Middle Ages, see Hanna Vollrath, Frederick Pollock Frederick W. and Maitland, The practice of taking counsel represented a major channel for the constant reproduction constant channelfor the amajor represented counsel The practiceof taking process the on focused was interrogation for taken cases of clarification the Furthermore, breakapparently injudgment rooted Legal to of tended principles collective the practice The prorogation of the case in deliveringjudgmentand reflected overall the for quest 319 and (München: R. Oldenbourg, 1995), esp. 339. ad concordandum ad interrogandum procedures in the practice of fifteenth-century Galician fifteenth-century of inthe practice procedures ad interrogandum ad The History ofEnglishLaw theTimebefore ofEdward I, 105 was,therefore, seen as a means of avoiding clauses made the practice of practice the made clauses meliora justitia Mittelalterforschung . These 320 ad 2 nd CEU eTD Collection 324 friends was lacked speakforphysically or himself/herself. unable to assignment of an attorney wasadvocate almostmandatory. The Statutes of Nieszawa listed a provision for the mandatory by court an of assistance the legal In some cases courts. in medieval late andadvocates attorneys judges to a litigant help tothe forideological resort widespread of idea background a legal and provided who proved to be ignorant of law, 323 nescit.” proponere aut caret procuratore 321 scotos him this was liableforduty afinemarksand of if a casewasheardin three six landcourt the to commissioning a properletter without his speak in client of defense to in court appeared land, confirmed and byKingapproved inAlexander 1506. Itprescribed thatan attorney who court, the litigant found guilty of this offence would loose his case. his opponent. If such an assault endedin the wounding of an attorney, and was then proved in of who thelitigantwounded attorney againsta legal sanction a Opatowiec in1474provided in issued Statutes the of thearticles One of attorneys. of activity the toregulate enactments topunishmentexposed by a fine. Correctura statutorum right. human natural of the asa part anddefense legal assistance to theclaim regarded process legal Polish the Great, the Casimir of Statutes the of establishment the Following 4.7 Attorneys andconflicts enmity. intra-estate solidaritycommunity of andcommon cohesiveness,a law.local This aspect particularly ofabout the norms and meaningnoble of the law.noble In the process of permanent recourse justiceto interrogation important served corporationto enhancefor a society the ideology torn ofby endless constituted itself as a sort of “interpretative community”, a 322 prolocutorem.” seu procuratorem asvocatum, suum habere statuimus, quod iniudiciis nostri regni quilibet homo, cuiuscunque sit status et condicionis, potest et debet another of name in action legal a initiate to dared who man a on penalty harsh extremely an called paragraph, up the duties validan of attorney without authorizationfrom andproper a litigant. A special Consult aconfirmationof the Nieszawa statutes by the King JanAlbert in1496: VL, Jus Polonicum Statuty Kazimierza Wielkiego, vol. 1, 149.1. if the legal action court. heldin castle if was the legal action the The statutes of the fifteenth and early sixteenth centuries provided other legal other provided centuries sixteenth early and of fifteenth the The statutes On the other hand, various punishments were handled out againsttook handledOn punishmentswere hand, who various persons, out other the , 314,, VII,“De vulneratione alicujus procuratoris.” de malo procuratore de from such from whodeniedattorneys 1532 assistance to legal persons were no. XIX,300: “Quiacuilibet defensio est summa denegata,non ideoque , was included, forwas included, instance, in thecustoms Cracow of 106 324 The Correctura statutorum 323 VL, 322 vol.1, 116.1, “De eo, qui According to the imposed 321 This CEU eTD Collection 327 justitia sortietur optatum effectum.” citius facto hoc et se debent per disponere suas causas personae vero Aliae terrestris. vicecamemrarius teneatur procurare causas quarum personarum, et miserarum orphanorum, viduarum, praeter auxilio, uti 328 illis petere liceat.” didicerunt. Itaque interest reipublicae iuratos causidicos habere, atque precia constitui, ultra quae nihil acliente saepe intricatiores causas reddunt fucis et suis in multosprofecto qui annos uti, extrahunt. opera Sic casidicorum enim ex fortunis haberent clientum necesse neque suorumexponerent ditescere iudici suas causas multi breuitate et perspicuitate concriberentur, ut facile disci et a quouis intelligi possent, certe illud quoque fieret, ut 326 procurator”. the “treacherous for infamy and ofoutlawry punishment the enlisted which with the penalty by burning. Another highly suggestive comparison came form the municipal German law, compare this provisionwith the article of theLithuanianStatute from 1523, whichthreatened suchprocurators nihilominus parti, cui perfalsum procuratorium damnum irrogavit, adinteresse teneatur.” It is interesting to convictus fuerit, facies eius signumin maleficii ardenti cauterio noteturcum caracteris impressione. Et cuius nomenprocuratorium continet, comparuerit et actus gesserit vel causam perdiderit et de hoc legitime Nak worst type of men. islands,banning attorneys remote all to oflaw considering themmajor the and corruptors his patrons, L’vivArchbishopthe Callimachus Gregory of Sanok, demanded expelling and Bounacorsi). In one of his treatises, written after his escape to Polandattorneys andwas a latededicated fifteenth-century to one Italianof humanist, Callimachus Experiens (Phillipo able to demand more from their clients. Even more radical in the display of his hatred towards andforbe in their establishing above alevel whichthey payment court of would services not swear of conduct forcing anoath them decent abusesModrzewski to byattorneys,proposed judgment for many years. In this way they grew rich at the cost of theirtheir deceit, arguedModrzewski, intentionally attorneys entangled legal clients.cases and delayed maintained, werefundamental for government good and justice. Furthermore, by playing on attorneys of being the principal enemies of the brevity and clarity lawof – qualities, which, he litigants in court proceedings of the fifteenth-century Rus’ palatinate displays a great variety a great displays palatinate Rus’ fifteenth-century the of proceedings in court litigants his of Taszycki etsocios confecta 325 in the court. speak for themselves hireto him, attorneys,unless According they poor. orphans were widows, must or litigants to attorneys duringtime. that Inhis contemporary fact, plenty society. loathingagainsthatred wasspelledPolish In of and out condemned to the mark of a hot iron on his face. mandate. latter’s A proper person without if person, of such fraud,was tobe convicted Andrzej Frycz Modrzewski, “Liber de Legibus”, in his in Legibus”, de “Liber Modrzewski, Frycz Andrzej Consulted after Waldemar Voisé, Waldemar after Consulted Jan Ostrorog, Correctura Statutorum Consuetudinumet Regni Poloniae annoMDXXXII decreto publico perNicolaum á adem Akademii Umiej De Respublicaemendanda A social portrait of the group of attorneys who spoke and interpreted law on behalf of behalf on law interpreted and spoke who attorneys of group the of portrait A social In general, didnotenjoy attorneys inreputation a good publicthe opinion of Monumentum, 328 , in Ċ tno Starodawne PrawaPolskiego Pomniki 49, # XXIX: “Nulla causa est, propterquam liceret alicui litiganti procuratoris Ğ ci, 1874), 62: “Si quis autem iniudicio alieno nomine absque mandato illius, Frycza Modrzewskiego nauka opa Monumentum 326 to the pernicious role of attorneys. Modrzewski accused Modrzewski role of attorneys. pernicious the to Andrzej Frycz Modrzewski also devoted some passages devoted also Modrzewski Andrzej Frycz 107 , Jan Ostrorog questioned the right of litigants 325 Commentariorum , vol. III, ed. Micha Ĕ stwiei prawie , caput, XVIII.4, 215: “Si leges ea , 230. á Bobrzynski, (Crakow: 327 To prevent To CEU eTD Collection odproschon a patibulo.” a odproschon scrophis loqui et cumnon bonis hominibus alias o nyesrk 332 See:offences. Ibid.,vol. 17, no. 673 (November11, 1471).criminal some of accusations face to happened it land, ofPrzemysl courts of records the by testified 331 (October9, 1443). licencia non habita retrocessit aiudicio. Item pro eo, quia nescivit causam dirigere.” See Ibid., vol. 14, no. 856 Volczkonis succubuit tres fertones iudicio et Georgio Strumilo alias tres fertones, quia stans coram iudicio 330 1284 (October15, 1473). 329 scorn to provide not personal did who legal families help to magnate their local less of powerful and representatives be well-off could it neighbors.hand, one the On society. of social positions. In fact, anyone could take up the role of attorney in contemporary Galician criminal activities. criminal law,involvedthemselvesbeen having the couldand in with haveserious other problems theft incompetence in expounding acase in the way prescribed bylaw. courtroom. and inwaging Some of them unexperienced wereevenfinedfor dispute, were other hand, familiars and servants could be appointed to serve the interests of their lords in the jurisdiction. oflocal of communal canbecharacter the evidence andjurors asfurther taken attorneys business onamore professional permanent, In basis. general, composition the group the of in involved legal the whowerealready wereattorneys there Besidesthis group proceedings. nobles these as attorneys figuredboth interchangeably samethe andasjurors at court of some that isinteresting It oflaw. knowledge and experience their of because attorneys obligations thatnoblemen were probably bound tointervene in legal as disputes attorneys because of stemmed from tiesmembers of kinship ofor friendship.local nobleOthersinto face been of such the attorney. one cast having were comminty, called StrumiloyouLord arereleased from pillory” to of serve efforts by the because men, good alone let as pigs, with who speak to even worthy not are “You fulfilledby such folk wassometimes perceived asbeyond dignitythe nobleman.well-respected of the dutiessuch rank viewed wereoften with suspicion anddisdain.respond toarguments To advanced of attorneys that surprising not is It ofthem. against brought were attorneys.charges major that attorneys Some of these Ibid., vol.15, 1284 no. (October15, 1473): “et in hoc dixitprocuratori Petro: tu non esses dignuscum Even to such well-known attorneys, like Stanislas Kapustka, whose activity as a professional advocate is well a very Consider piece revealing of evidence: “PeneIohannis. Iohannes procuratorChodorkmethonis domini See Borshchiv. of Iwasko of attorney an as serving of Sienno Andres example, for See, However, most often it was representatives of the middle-level nobility, respected nobility, middle-level of the itwas representatives often most However, 331 It was often during court proceedings when they came to serve as 108 – such dishonorable words were recorded as wererecorded such dishonorable words 332 ą cz, quia tuperdom. Stromilo es repettitus alias 330 Moreover, such attorneys AGZ, vol. 15, no. 15, vol. 329 On the CEU eTD Collection controversijs et altercationibusamputates judex superfluis, actoris, unicunquepropositione super partium rei vero faciat responsionem justiciam“…post expeditam.” et responses”: controversiis litigants after they had finished the presentation of their petition and response. See: response. and petition of their presentation the finished had they after litigants between debates of all abolishion the prescribed ofadjudication, procedure the with dealing article, The 1496. 334 menti notarii caligines offundare studeret.” sententiam sine scripto dictam interlitigantes certamenextitisse magnum, dum uterque pro se uersutia quadam dubiumuocari possunt, quae scriptis mandatasunt.Scio in post iudicis nec cuisudam decausa propeferuntur criminosa est, nulla causa imitentur, non profanarum rerum iudices cur Magis consueuerunt. definire 199:XVI.8, “Iudices ecclesiasticarum rerum nunquam(quod quidemsciam) causas, nisi descripto lata sententia 333 in theso-called concerned sentence litigation opened astage definitive that a of adjudication of use hisappeal, the right opportunity the take not to party convicted did a response bythedefendant. and hearing petition aplaintiff’s immediately after parties. the itto hadalways sentenceproclaiming of preparedbefore court ascriptan of the ecclesiastical procedures of Roman-canon law aspossibleimitation.for model Hepointedout judgesthat and courts ecclesiastical practice tothe of Modrzewski drew attention delivering sentences, settlement of disputea reached made which content, ofthe versions own his/her insisted on sentence the down null and void.write to anotary Eachparty requesting bythe parties. sentences ofsuchoral interpretations To contrast this bad from wrong the arose and howmany enmities quarrels Henoted bemust corrected. custom with some sixteenth century. Andrzej Fryczbetter Modrzewski condemned itvigorously as bad custom a that modes of severe form. provoked sentence criticism inwritten the verdicts This way giving of putdown to such a notary approach litigant a court with request the responsibilityto the of was read from by delivered orally judge,not the composeda script inwas advance.the It satisfied by the delivery of complementary sentences. usually charges were Such on. andso accomplices, of intercession of attorneys, errors poena accessoria so-called fines,the additional upon smaller touch didnot offense. sentence the A definitive of as aresult hadsuffered a plaintiff that damages material sizeof the the but itself, offense offence of which defendanthadthe beenaccused.The secondconcerned penalty notthe which a plaintiff pleaded his suit atcourt. First was a penalty determined by the law for the for a form types adefinitivefinalembraced judgment, sentencetwo of of compensation In theory, all legal suits and actions were to end with the delivery 4.8 Courtof sentence anda its executiondefinitive sentence. As This is clearly stated, forexample inthe confirmationthe Statutes of Nieszawa by the King JanAlbert in his in Legibus”, de “Liber Modrzewski, Frycz Andrzej Statute legislationjudges for deliver Statute adefinitive sentence theopportunity to provided It seems to have been common practice during the fifteenth century that a sentence 333 , that could be raised in the course of litigation, such as defects inletters, litigation,as defects such of inbe thecourse raised could , that 109 Commentariorum deRespublica emendanda VL , vol. 1, 115.2, “De res iudicata 334 In case the , caput , that CEU eTD Collection judgment and satisfy the wrongs done to the opposing party. A convicted person had to show A convictedperson judgmentandhad to theparty. opposing done satisfy wrongs the to accept party the situation the possibility convicted agreed to The firstwith when the dealt behavior in of a convictedparty whenpresent court sentencea definitve was promulgated. 337 Middle Ages) (Warsaw,1927), 9, 15. a convicted party a convicted by an was represented attorney. when situation the covered second the proceedings and court the at party losing a presence of sentence. could atdefinitivearrive of settlement dispute King in Alexanderfor confirmation possible two 1506,listed procedural tracks by whicha ko Rafacz, by Józef person on a execution an about comments no reportent. Postquam victim fuerint in iudicio, ad manus suorum adversariorum ligati traduntur.” See also satisfaccionem adversario reddentes. Propterque volumes, uttales inobedientes de malicia ipsorum commodum quo satisdet in est condempnatus,quidamvel inopia rebellioneducti deiudicio recedunt condempnati, nullam 336 iudicatam.” in rem transivisse declaramus nenganona, no. XC, 493: “Nos itaque huiusmodi sentenciam iudicis,See time. quod nonproper fuit aliqua in provocacione by litigant suspense,challenged been Polonice not had that judge a of sentence 335 The process. and legal procedure reach in is major dealing a definitive sentence early given with sixteenth-century texts, two to efforts intheir disputants to were available that legal actions of a variety of description more by perplexing and was a widecircumscribed of range legal A actions. detailed litigants. dispossessed form of paid. execution anddamageswas penalties full compensation of until person todetainthe power a convicted was hada thus winner The his/her adversary. to over handed and detained be immediately hadto abandonedfines and failed by he/she adjudicateddo Ifalosingpenalties denied court. the so, or to party except the all with winner beforeleave the compensating court the forbidden to casewas his/her lost who person a provisions, Statutes’ the of one forto According Great. the Casimir of Statutes the the cases The latter convicted. in wasmentioned compensation type as form of a widespread obtaining of especially the of person the foron execution the substitute to tended Such anexecution convicted. of the seriousiudicata crimes andbinding force by lawis, acquired right the winnerhadthe definitive sentence the to or Ĕ See in This is very explicitly articulated, forexample, inthe paragraphof the Statutes of Casimir the Great about a Ibid., ca 336 Ğ redniowiecza The In the fifteenth century achieving a definitve sentence and its execution becamemuch execution andits sentence adefinitve century achieving In thefifteenth During the fifteenth century an adjudicated penalty was usually executed on the estate In the fifteenth century, however, such a form of execution This fifteenthchanges. In underwenthowever, suchaform of century, the no. VIII, 271: “Quia victus victori tenentur satisfacere de eviccione et de iudicio prius non recedere, nisi recedere, non prius iudicio de et deeviccione satisfacere tenentur victori victus “Quia 271: VIII, no. and the sentence’s execution. and sentence’s the VL, vol. 1, 156.2 – 157.1. Processus (The enforcement of law in Little Poland from the Statute of Wislica to the end of the foresaw two possible dependingforesaw toproceed, two onhow options on the Processus iuris Processus 335 110 , compiled byJan Laski andto submitted Ekzekucja w Ma 337 The first dealt with the personal á opolsce od statutewislickiego do Statuty Kazimierza Wielkiego, res CEU eTD Collection 339 form ( a pledge the of Compare also “Formula processus”, in processus”, “Formula also Compare swear an oath tohim.swear an amountthe of on oath damages adjudicated convicted person who came to attend a firstfor option. the established asthey were obligations yieldall to sentence, theconvictedwasobligedto havingheard the condemnation and such aproceeding. rightthe to person allowing convicted the for major reasons asthe him are given to personally sentence the communicate to necessity przypowieszczony so-called the session, an additional to right the party acquired person. of convicted the estate an bypledging be enforced also to were penalties by awinner.These a king).marksbeThesein to penaltiesput had to following effect thecondemnation uttered absentia, sententia definitiva prolata fuit) pareret rei iudicatae et proconvictis satisfaceret” avisatio (ut ille qui est convictus, etcontra quem absentem, sed perprocuratorem suum comparentem, insui iudicio absens de re iudicata, ideo concitatio ad hoc estterminos in iudiciorum introducta, tanquam munitio et satisfaciendum pro re iudicata seu perlucris et iure acquisitis, ea ratione, quod fortasse nollet scire convictus in terris regni sic interpretanturvulgari, uti latinum sonat, in aliis vero diciturvulgari nostro przypowieszczony, ad contra ipsum promulgatur, tunc insuper sit unus terminus essentiales, videlicet concitationis, quem in aliquibusautem citatus non est praesens circa iudicium, sed suus procurator, cum procuratorio, dum sententia definitiva, the provision, its By execution. final procedure stage of the regulated new norms andof atthe oath-taking judgment these of singnificant most the Perhaps century. fifteenth in the proceedings court of practice governed that had in theprocess some customary emerged that of procedures adjudication the law body into the itof integrated alsostatute Furthemore, legal process. the on legislature and court) the a winner andto marks to of three (payment of penalties beby additional punished to person was thedisobedience convicted refuse to obey and judgment, the withdrawfrom courtroom.adisplaythe For ofsuch 338 the However, penalty. register as an official inscription of the future pledging of his/her into be suretieshadof thepayment the written whowouldestatea penalty. to guarantee This for the amount of the a willingness toabideby a definitive sentence byfurther actions. she He or provide had to Ibid., cap. 23. The term and meaning of the The in presenceIf thejudgmentwaspronounced an then aconvicted attorney, of only the In both the both In Formula processus . Possible unawarenss of the details of a verdict by the convicted and the Processus iuris Processus pignoratio) Processus terminus concittatus of 1523 considerably enlarged and elaborated statute the elaborated and enlarged 1523 considerably of Corpus Iuris Polonici . Pledging an estate represented the main form of main represented form the recovering of . Pledging an estate also foresaw the possibility that a convicted party party foresawmight the possibility aconvicted also that and the Formula processus terminus concittacionisterminus Formula processus 111 is nicely explained in the text of “Processus iuris”: “Si iuris”: of “Processus text the in explained nicely is , vol. IV.1, no. 16, cap. 24, p. 50. stipulated that on on stipulated demandthe that of the 339 siedmodziesta , the execution on an estate took terminus concittacionisalias terminus 338 , the winner was obliged to was obliged winner , the At this proceeding, after proceeding, Atthis (payment offorty in VL piatnodziesta , vol. 1, 157.1. 1, , vol. CEU eTD Collection was then the captain who took over the responsibility for introducing a winner into an into estate. introducing responsibility awinner for the over was thenthe captain took who turn to to right a the captainobtained winner the introduction, at with attempt a permissible requestlast his at party convicted for legal assistance from by Ifoff the wasbeaten the winner introduction. the defeated doubledcase of each after royal arm ( established by pecuniary the to asequal final andwas adjudicated penalty, the sentence, time.surrender anon estate to obligation with losing party penalty.fifteenthAt end the tobe a pledgesroyal century bind started of the established to for each was liable for person Furthermore, refusal an pecuniary convicted the additional introduction. establishedin It the permissiblenumbersof declinedintroductions. asingleof only attempt 342 of bailiffs in the process of execution and introduction, see also: Józef Rafacz, Józef also: see introduction, and execution of process the in bailiffs of 343 Ekzekucja w Ma 345 344 times. 341 twice; be attempted was to anintroduction Alexader, by King confirmed Land, of Cracow the customs the According to attempts. in of such permissible growth numbers the a constant of tendency observe the can one century fifteenth the Throughout customs. local the upon depending differently benumber atintroduction wasregulated permissible The repeated. ofattempts had to introduction the time, for then thefirst anestate leta winner enter to refused convicted the convicted the possibility delayto time of surrendering the estate intohands of the opponent. If the offered This party. of a convicted voluntary consent the was upon conditioned an estate onto introduction of form in the enforcement sentence’s the century fifteenth the In procedure. a into andwearisome time-consuming execution whichthe transformed procedures, are discussed in Józef Rafacz, in Józef discussed are 340 nobles assisting him. introductionbe had by sentence.Alegitimatecompleted definitive to bailiff a court two with for thepurposeestate of gettingincome pecuniary equaltothe by penalty, adjudicated the convicted. the damages andpenalties by introduction a winner andimpliedinto the an of winner the estate of The imposition of pledges and its role in the practice of the introduction are highlightned by Józef Rafacz, See: Pledging and introduction into estatean as a main form of sentence’s executionlate in medieval Polish law VL, Ibid. Corpus Iuris Polonici 343 vol. 1, 149.1, “De executione rei judicatae.” rei executione “De 1, 149.1, vol. , 158.2, “Realis instructio ad possessionis assignationem circa executionem rei iudicatae.” rei executionem circa assignationem possessionis ad instructio “Realis 158.2, , VL, Each failed introduction had to be testified to in court by a bailiff’s by recognizance. a bailiff’s incourt be to testified hadto introduction Each failed This form of the execution, however, was complicated by another set of legal setof by another was complicated however, form execution, of This the Only the enactment of the vol.1, 156.2; á 340 opolsce Theintroduction provided toexploit awinnerwith rights resources the of an , 19. , vol. IV.1, no. 16, cap. 27, p. 52. 341 Corpus Iuris Polonici Ekzekucja w Ma 342 by the provisions of of the provisions by the Formulla processus á opolsce , vol. IV.1, no. 16, cap. 22, p. 51-52; cap. 26, p.52. Onthe role 112 , 15-16. Processus iuris Processus in 1523 brought a significant cut off brought asignificant in1523 cut 345 The size of the pledge was Ekzekucja w Ma , it was raised to three brachium regale á opolsce , 13. ). It 344 CEU eTD Collection familiars and a baliff. a and familiars two only incompany of wasimposed pledge on which court a arrivean estate at winner to allowed a badcustom, Statutes As the this awayof justice. of correcting a local permission without taking mandate an andofficial of damage declaration by judgea andwithout the introduction deal form causing agreat Such was usually a anddestruction. done of pillage of winnersthat often illegally intoestates intruded theirof opponents with of crowds supporters, specified It had bythecourt. beenadjudicated that ontheir estates compensation pecuniary sufferedfrom and from illegaldamage oppression arose that ways and violent a of exerting them here again. One of the articles of the Statutes states, for example,itis reiterate but it above, to still hasbeen in evidence worthwhile already discussed question that poor people often extracted from the convicted person as apenalty. person from convicted the extracted spoils the divide to off set sentences proclaiming after immediately who officials their introduction accompanied ofbrutal often violence. process by was of the actions the Great show a great deal of concern with abuses of a sentence’s execution by stressing how of Casimir Statutes the Already violence. of exercise tothe adoor opened often andtoo easily in verdictabuses.mentioned enforcementof the a court Aswas previousthe chapter, too up with idea possible of preventing the set wasclearly of execution, a sentence’s process and prosciption. an introduction ledresisted action by he infamy of a captain was of penalty the convicted of ( pledge triplicate pledgewhich wasforced was by to a convicted the hisestate paymentof augmented the introduce a winner. to in forcemake order use of armed to wasempowered captain the persisting disobedience, The result of an armedstrengthened at this stage by the imposition introductionon the convicted of a triplicate pledge. In a case of was that the sum of the penalty on ( introduction to the his estate surrender and officially thecaptain appear before chance to the processus 350 lodged bythe himselfcaptain against rebellious nobleman. the 349 348 347 346 of help the with introduction an Such terminus innotescientiae See comments by Józef Rafacz, Ibid., Ibid., Statuty Kazimierza Wielkiego, Corpus Iuris Polonici This elaborate and detailed set of procedures and actions, conceived to regulate the actions, conceivedof and to and procedures This set detailed elaborate cap. 31, p. 53. 30. cap. , if fell, introduction a matter of hands of into a captain,person aconvicted still had 348 vadium , vol. IV.1, no. 16, 350 On another occasion condemned Statutes the avarious judges and ). The agreement of the convicted to let a winner onto his estate was hislet estate a winner onto to convicted the of The agreement ). ). 347 no. III, 255. Finally, if a defeated party party Finally,if adefeated inhisdisobedience and persevered Ekzekucja w Ma cap. 27-8, p.52-3. brachium regale brachium á opolsce 113 , 10. was complemented by a new suit, 346 According to the to According Formula 349 The CEU eTD Collection under 1445. Catholic archbishop and the royal captain of andtheroyal Catholiccaptain Haly of archbishop of between the Lviv found dispute record the in Relevant canbe evidence the numerous. his by convicted directed persondecidedof a group to clients that too estate winnerwas the if violence the of acounter-claim with beencountered also could asentence execute groundsthe at ofhis absencefrom the estate the time of execution. execution of a court sentence was turned into an act of an illegal violence of into act wasturned sentence a court of execution village. improper many Inthisway sending thearchbishop’s an was people to of guilty too captain the in his opinion fine,but oxenasa the take captain of to the question right the not did thearchbishop of attorney In his the turn, register. in court the recorded of sentence, the him by the court. He was also ready to prove the rightness of his action by referring tothe text have justclaiming hisaction to hehad been since saidto the taken fine oxenas a adjudicated illegal seizure of oxen.Thetwenty-one histhrough captain, attorney, himselfby defended shows that litigants who lost their cases by a proclamation of unfavorable judgment were judgment unfavorable of aproclamation by cases their lost who litigants that shows debuit.” fecit consuetudinem ultra terr.Quia [cum ministeriali ipsos non recepit- perekresleno] pluresdestinavit, quam se probaturum adlibrum castri Halic. Iohannes Burgrabius dixit: ex quo dicit se ipsos recepisse penis,in sed 354 353 See: Hermanowski. Jan and of Gologory Elizabeth between dispute the 351 the with permissiblea convicted to person for denial could beblamed for notacting inaccordance the prescribedhasten andomitted introductions process of of number the execution to and complete all the procedural steps prescribed by the law.A winner who was too eager to denounced asan of ina offence law.Thishappened the adhere winnerfailed case when the to be introduction could easily to his right sentence andexecuting of acourt enforcing aim the with bya winner legal action a undertaken reveal that Sources person. by a convicted make easily how at it clear legality enforcingthe be attempts couldof asentence putin doubt background forintensification the of litigationthe Legalprocess. from records local courts an normative alsoset additional law in of but abuses and the sphere, prevent this regulate fifteenth issues century. Minute treatmentof of introductionprocedures of not helpedonly to dealing with questionthis became more andmore comprehensive and specific during the 352 Leopol.” castr. inlibro etiam nec equitasti pignoracionem prius debuisti prima, secunda, tercia vicibus pignorare et hocfecisti non neque cum aliquot ministeriali super 1466): “…quiatu intromissisiti invillam te Vy Ibid.: “domine Iudex, istos boves, quibus pro propositumest, doms.Parawa ipsos recepitsuis penisin etofert For the example of the accusation of not passing all steps of law during the introduction into estate, consult See Józef Rafacz, AGZ, vol.14, no. 1465 (August 13,1445). New difficulties of enforcing a sentence, however, appeared as a body norms legal body of appearedasa however, asentence, enforcing of New difficulties gradus iuris 353 The captain was accused of invading the archbishop’s village and with the with villageand invading archbishop’s the of wasaccused The captain Ekzekucja w Ma . 351 Theintroduction becould alsochallenged by a convictedpersonon á opolsce , 20. ą czen ipsiusczen Elizabethpertansiendo non omnes gradusiuris, quia 114 þ , found in the L’viv castle court register found castle court , inthe L’viv AGZ, vol.390 (November15, no. 7, 352 A winner’s attemptto 354 . The evidence here CEU eTD Collection establish whether the swearer committed perjury or not, meantto judge perjuryor verbal only not the swearerestablish the committed whether because swearing an oath must be carried out by both words and gestures. For Modrzewski, to however, thecrime such noted, of reasonably wrong, a perception andsinof was perjury becauseperjury whilekneelinghe spokenhad not words of the oath. As the Modrzewski a form perjury. stressedthatthe of defendant feelprobably He didnot guilty committing of surrounding oath-taking. the fraud the plotting for responsibility the shared unintentionally judge the Thus, place. had byoath taken really withtrial caseasifthe proceed the forced to virtually was parties, the is,mayon judge.judge,a thirdperson, that havebeen ofthe The who the unaware of deceit (disadvantages) whichstemmed from such of a mode freeing from fell defendantthe oath the misfortunes the all explains, author the case, this In oath. the abandoning and proposing and whole the ritual of simulated hearing, just procedure court. At court the they coming to before parties by secretly settled been often had oath an swearing of claim the abandoning of scenario whole the that bad the custom into evolve came to It danger. great implied demeanor– his voice, his kneelingbody and all possibleother gestures. mustbereadiness by his swearan expressed convincingly oath andto whole conveyed defendant’s the that specifies further Modrzewski oath. the take to willingness defendant’s defendantfrom swearing. Usually happenedthis if plaintiffthe withwas content seeing the from oath burden the At plaintiff’sof swearing. the judgethe request excuse could the possible for a plaintiffwas it. It doing actually with up end necessarily not did swear anoath to proposal the that to excuse and noted Modrzewski on oath-taking In his comments of practice oath-taking. tothe was related release a defendant,and deterioration in the legal system of Kingdom the of Poland in century sixteenth the one who had been ordered to take an his famous treatise Among manyevil customs which came under the criticism ofAndrzej Frycz Modrzewski in the disputing process 4.9 Super tali re dubia periculosum est iuramentum: The uses of oath-taking in keeping alive.permitted adispute that resources principle the were legislation of nature from inconsistent out the manufactured Counter-claims to avoiddelayasentence’s enforcement. their or estate introduction onto pledginglegal to related and inthe capable procedures quite complexities of exploiting Modrzewski went further, discussing whether such a stratagem mustbe as further, such discussinga stratagem Modrzewski condemned went whether however, Modrzewski, This mode swearingFrycz oaths, said of with proceeding De respublica emendanda De 115 and which he and signs corruption denounced as of CEU eTD Collection Frycza Modryewskiego nauka opa Voisé, Waldemar see: Poland, sixteenth-century the in taking oath of methods of the criticism Modrzewski’s credunt.” ulcisci impietatem nec curare, mortalium res eum nec sentient recte causa et asententia nostra discrepet, mendacium est et periurium. Qui periurria nonexhorrent, illi de Deo parum cui diuina authoritas obtenditur, iurisiurandi uim habere putanda est. Quae attestatio, sifiat fallendi alicuius quia iuras, sed eius in cuius gratiam iuras, sunt interpretanda. Deinde omnis attestatio, seu uoce, seu nutibus fiat, interest, gratia fiunt. Nemo enim sua causa iurat, sed laterius. …Nonigitur uerba, nongestus ad mentem tuam, fallendi alicuius causa, omne id in uitio ponendum est. Omnes illae significationes non nostra, sed eius, cuius uerbis conceptis iurasset. …Quicquid agaturseu uerbis, seu gestibus, seuconniuentia, seuquauis alias ratione quasi uero uerbis periurium tantum committantur,omni non gestu,quemperinde homines atque habeant si utquam causaeratinstructa. Reus se minime periurii reum quod flexisputabat, genibus uerbisiurasset, non periniqua. Iudici impositum est: qui etsi doli illius fortasse ignarus nonerat, tamen aliteriudicare nonpotuit, incommodum ex absolutione rei adtertium, inquem faba illacudebatur, redundauit. Erant ineo iudicio multa esset; itaque iudex reum absoluit. Sed res inter partes simulate et ex composito agebatur, omne enim uidelicet uoluntate, rei quamille uultu, uoce, flexuomni et genuum gestudeclarabat si adiurandum ac paratus 195-96: “Cum autem reo iurisiurandi decretum esset, petitoreiusdem iurisiurandi gratiam illi fecit, contentus 355 oath- of effects damaging the about opinion held widely a was there oath, an of character the supernaturalstress intendintimidating sharpening to Second, the rival. conflictI the and anddishonoring and religious at of enmity, aimed as averyunyieldingposture stand out an oath take adversary to implication of inswearing a dispute. an In oath.this beencountered could which extreme most situations asone of the of swearing perception the regardDue to thethe litigant’s explicitlystrategies in the fifteenth-centuryreadiness sacral courts of the Rus’ palatinate.to appealfor significant understandingFirst, howthe possibilities for oath-taking intointegrated dispute were I would like to pointto out an oath or a in seem issues,interested beespecially addressing which three closely to connected proposal particularly am I Galicia. medieval late toin the settlements in dispute oaths swearing of role the divine vengeance upon impious.the inflict to ability His in and things mortal for care in God’s believe not did oath an judging whowere not terrified of of sort this perjury God and considered themselves equal in to beshouldlitigation, of blamedasalie the judges Men andand perjury. influencing outcome words of warning.oath, soughttoobtain especiallyifhis help.Modrzewski divine critiqueconcludedthey with The stratagem swearing adistinctive the of constitute wholeness believed to they split.were Taken together mentioned above,to theirkindsin and needs.Theseof be both words embedded two couldnot gestures, actions, if employed invoke andturn strive to with oath-takers the andgrace that is power His it because alone, by God the aim of deceivinginWords and enacted gestures course andthe mustof areaddressedto oath-taking bejudged isunder oath. the put who be judgmentof person the of soul the not exposedtothe should all verbalthe bodily whichand acts, theconstituted of rite swearing, asthe authorexplains, involved in butalsoall because of pronouncing gestures swearing. the the This oath, the was Andrzej Frycz Modrzewski, “Liber de legibus” in legibus” de “Liber Modrzewski, Frycz Andrzej These observations by Frycz Modrzewski can serve as a starting point for examining point a starting as serve can Modrzewski by Frycz These observations Ĕ stwiei prawie 355 , 229. 116 Commentariorum De Republica Emendanda For the short comment on the , caput XV, caput , CEU eTD Collection u was was u Turowski. (Sanok, 1855), 46: „Ma 358 legal process of Late Middle Ages). (Warsaw, 1926), 17. 357 Bisson(Philadelphia: University of Pennsylvania Press,1995), 89-123. by evolvedandwere whichgradually was backed Even inquisitorial up an oath. procedures, if it statement rival’s the against appeal to impossible was it Theoretically, proof. of means andunilateral ultimate the was swearing for inconflict, assistance power supernatural of swearing oath. an to havingrecourse without Poland contemporary dispute bailiffs. further highly in court stressed acourt was thatwinning unlikely Italian The and oaths upon legal depended process Polish aspectof the every almost Italian, wasthat into the mouth the of Italian. a opinion, put andan The Pole designed adialogue between as justice, of administration the and order legal Polish on treatise sixteenth-century late one 1050-1110,” in 356 relied heavily on oath-taking. law inPolish proof of system The inescapable. seemed oath an taking in which situations disputants with aim the influencingof theof course dispute. the swearing an oath served as an instrument of power relationships, which could be employed by WhiteinStephen demonstrated his analysis, demandingandsurrendering the claimof what similarto is that, suggestion My inoutcome. thedispute’s terms favorable secure more and to thus in court, the power political of alter the balance to conflict, the of interpretation their assert to disputants helped which strategizing political and judicial deliberate form of a confrontation,” ofpolitical strategy “a distinctive represented ordeal of avoidance and interpretation proposal the In White’s more peaceful, ways. inother, settled disputes Instead, the has noted asubstantiallythat number large of never of in proposals ordeal atrial. endedup claims to his in investigation usesof the of ordeal the France. eleventh-century an ordeal were withdrawndispute. at a laterthe proposal stage of an oathofin above which casesnoted two: interplay of the the to emerged asacorollary problem that wasthe first litigation advanced but supernatural intervention in Third, disputesettlement. the thenwanthighlight I to in particular a abandoned and in thethe one’sdivine tosupport in andensure force claimof meant appealtorightness following order the stage of the taking on the soul of the litigant. Swearing an oath was regarded as a sort of ordeal, which See Lukasz Górnicki, S. Borowski, S. Stephen D. White, “Proposing the Ordeal and Avoiding It: Strategy and Power in Western French Litigation, Litigants courtsin the late medievalcoming to the Kingdom of faced Poland frequently Ī adnej rzeczy bez przysi bez rzeczy adnej In pursuitof lastIwillthe point, draw on conclusionsthe reached byStephenWhite in Cultures ofPower. Lordship,Status and Process in Twelfth-Century Europe Przysi Ċ ga dowodowaw procesie polskim pó O elekcji, wolno Ċ gi.” á 357 o nie wszystko prawo wasze na wo This feature of the Polish legal system was well articulated in articulated well was system legal Polish the of feature This Ğ ci, prawieci, i obyczajach polskch rozmowa Polaka zW 117 Ī nego Ī Ğ nym inaprzysi redniowiecza 358 356 As an act of invocation (The oath-taking in Polish in oath-taking (The In his study InhisWhite study S. Ċ dze zawis , ed. Thomas N. á á o. Nie wygra ochem, ed. S. ü CEU eTD Collection 363 iurabo.” velego iura sic pecunia, 362 361 360 Ibid., vol.14, no. 1736, 1739,1740 (after July 1, 1446). defendants’ oath, see:vol.17, no.1315(March11, 1477);Ibid., Ibid., (October vol. 4110 17, no. 22,1504); See AGZ, accused. of the of compurgation oath subsequent the by defied successfully was accusation The furticino”. basis semi of officialprosecutionthe knownas “rug”: Rvgowanye “per terrigenarum fuerat inculpates pro in of situation however,beingtwo the in put as thesources, most often were described anoath. take disputingthe parties that require also arbiters could practice, since in always followed was not rule This reconciliation. or an relationships amicable to opposite oath. initiating through by of secure relations alawsuit formal the and act swearingdemanding an followedby lawsuit wasanattempt to for What Mzurowski. toopen Mathew Mathew against as “friendfriend” thepretext of with Mathewof served matter inthe payment debt the court against instance,For in 1444, Mathew of JanPanthelowicea complaint brought to thePrzemysl land Mzurowski relationships. hostile of origin in the swearing of role the of assessment individual very the of of Bystrowice. The fact that Mzurowski refused to negotiate Dorossii iuramentocorporali as oath swearan their opponents demanded that The sources employ a formal yet simultaneously vocabulary,telling describing litigants who Galicia. offifteenth-century legal in records the articulated clearly sometimes was oath-taking of perception enmity. This the with became synonymous a violence, of exercise physical open togetherwith the in the oath, hostile languagerelationships that coincidence describing the of simple amatter not was therefore It between people. enmity of the manifestation explicit 359 mediation. or arbitration momentof which dispute, forcut off more peacefulconflictopportunities by resolution decisive and acritical represented an oath Swearing points. extreme its most of reached one by a defendant’s oath of expurgation. based on recent evidence of the crime of the accused and bailiffs’ testimony, was challenged plaintiff usuallyA ableof not withoath compete the compurgation. to were proceedings, employed incourt lost his cases if his accusation of violence, the prosecution of which was Ibid., vol. Ibid., 17, 4227no. (March 20,1506). Ibid., vol. 2391(December13, no. “sicut 21, 1444): me nonpetivisti, sicutamicus amicum,pro predicta 104 Ordeal”, the “Proposing White, D. Stephen see: ordeal regarding observation similar the For See for example the accusation of theft brought against certain Jan Risz before the Haly AGZ, In terms of In intensity interms of meant disputing by relationships, atrial had the oath dispute that vol.12, no. 595(May 1439).For11, other cases showing thefailure of plaintiffs’ accusations against the 362 vol.17, no. 1651 (January 26, 1479). The oath thus represented a way of carrying out a dispute, which was symbolically 360 In this regard the proposal to swear an oath was seen as the most asthe seen was swearanoath to proposal the Inthis regard (sic). 361 359 At the same time, court records alsoprovide evidence records court At sametime, the 118 animo litemcontestandi detulitipsius þ land court on the 363 Litigants CEU eTD Collection that decided thefalsity or veracity of the claim and plea, put under the trial by oath. The oath- truth of some criteria objective wasnot me there that repeat Let litigant’s righteousness. the of sense a with observers presented and oath-taking of moment dramatize the to out carried were crucial elements in the complicatedwords, and emotions, gestures, of asacombination andarticulated masterfully staged andgame of the persuasion of the audience. They properly capacities, acting personal Modrzewski.strongly byFrycz Thelitigants’ emphasized were integrity indissoluble whatwasso entailed in had–exactly oath’s gestures, performance the and words The swearing. the of dimension performative the of fundamental role the account drama. emotional and social as nextmoment byhaving recourse to the oath – all these elements creat an image of oath-taking inthe allegations repudiateopponents’ their to andreadiness theirresponse immediacy of my son Fedir.” The litigants’ determination to pursue their statement by all means, the my soul ( fingerstwo onthecross in “I,and words: kneeling, heswore Dorosh swearthese and pledge alios terminos, si prefatus Iohannes debet emittere causam vel secundario iurare debet.” iurare secundario vel causam emittere debet Iohannes si prefatus terminos, alios destruxerunt pronuncciacionem iuramenti ministeriali. Etdomini receperunt adinterrogandum ad dominos ad Henrici de Orzek et cum iurare incepit prefatus Iohannes, statim prefati ambo inceperunt interse litigare et 365 similar cases: Ibid., 308,no. 646, 1564, 2123. ( instant atthat started he emphasizes, record the of text As the thechallenge. to immediately reacted Dorosh his allegations. to swearanoath Dorosh and accusation negate the triedSolecki to road. on a freeroyal accomplices numerous with by in Solecki arranged an ambush committed land Jan ofmurderingSolecki his son,AccordingDorosh, Fedir. to themurder was Przemysl a noble of accused from Lyethnia, Valachkniaz Dorosh, the court, Przemysl castle the moment of the dramatic enactment of swearing the oath in the court atan look infusedhighlighting account of vengeance. Letus andoften with adispute anger room. In 1479, in the leave the impression that this moment was a really pivotal and dramatic eventin the dispute, concordandum. Et si non concordaverint, in proximis terminis Allexander debet iuramentum prestare iuramentum debet Allexander terminis proximis in concordaverint, sinon Et concordandum. 364 of oath-taking. the abrogation which caused is evidence thatdiscussing the was interruptedoath by and litigants,debates between quarrels oath. an alternative andmutuallysettle choices:exclusive to disputethe bymeans ortake of concord Ibid., 2262no. (November2, 1444): “Iohannes deMislatyczeiuramentum debuit prestare ad instanciam Ibid., vol. 13, no. 339 (May “Nicolaus 339 Ibid., vol.13,no. 1437): actorcum Allexandro receperunt deProchnik sead The swearing an oath led andhostileThe swearingoften oath an embittered towards dispute There tension. the This enactment of emotions should not be underestimated, especially taking into 364 in animammeamrecipio ) that no one else but Jan Solecki present here, murdered here, Jan Solecki butpresent else noone ) that 365 119 Descriptions of scenes of the oath-taking often animo litemcontestandi statim ) toswearhis oath.Putting the demanded that . ” See the CEU eTD Collection footnotes 94, 96. ob vindicem deorum iram.” Quoted after: Vladimir Procházka, “Przysi the among common of oath, fear the westernabout Slavs in early Chronicle, Middle Ages: “IurationesHelmold’s by difficilimeprovided admittunt, evidence, nam iurare apudconsult Slavos can quasione periurare estbeliefs 367 99. perspective one can consult interesting observations on the attitudes towards the oath by salt among the Ilongot the among salt by oath the towards people: Renato Rosaldo, attitudes the on observations interesting consult can one perspective Vá popierania naukipolskiej, 1906), 58; VladimirProcházka, “Przysi preached who clergy, the called upon Healso of perjuries. avenger andasevere swearing, of moment to people in the churches, to explain the force and sanctity of oath-taking, to (Litkup: complemented by study oath-takingthe about swearing) and (Lviv: Nak our secret andintentionsour thoughts ( of witness only is the God that emphasized further Modrzewski God. of honor the to tribute ( claim was awrongdoing,false, seriously andplainlymade against judgmentthe of their soul for those who imposed on punishment insisted Modrzewski his case. lose lethim then stick this not to requirement, or demanded from oath his be must adversary issure that conscience. he pursuing hiscasein good he did If an oath from their was taker explicitly outby him,AccordingModrzewski. pointed litigantdemanding to a an adversary while aware that suchconsciousness. a individual of examination close a involved oath by a trial implications, religious and sacral these to Due perjury. and truth of statement sanctified a between line thin a on balancing better to avoid. way was which do would people considered adangerous God of matters, mundanetempting Swearing an oath entailed a moment of uncertainty, since it often meant Przysi 366 such perceptions. contributing to byfearhesitations. and surrounded as a serious challenge to a person emotional was perceived oath an of mind swearing medieval the Forthe litigants. of personal the psyche condition. The moment of oath-taking was often the performance of swearing, were assessed and tested by the judges and audience. emotional and bodily hisconduct, capacity sustainto his personal dignityworth, and honor in taking has to be seen as a kind of social drama, in which the conformity of an individual’s contra animi sentenciam owia For the Biblical references see for example Mt. 5: “…ego autem dico vobis, non iurare omnino.” For pagan For omnino.” iurare non dico vobis, autem “…ego 5: Mt. example for see references Biblical the For The connection of fears of an oath, with the sacral character of oath was emphasized by S. Borowski. This interconnection between the rite of swearing and concern for the soul soul and of the of for oath- concern swearing the between rite the interconnection This The swearing of an oath was potentially damaging not only to social relations but also to Ċ Ĕ ga dowodowa skich do ko Ĕ ca XV w.,” , 16;P. D Ilongot Headhunting, 1883-1974. AStudy in Society and History ). Men, who swore in the right and religious manner, however, paid ą bkowski, Czasopismo Prawno-Historyczne 367 Litkup: w dodatku o przysi The oath, as a call for the intervention of the divine in 366 cogitationum nostrorum Both Christian and pagan roots can beidentified as andChristian roots Both pagan 120 Ċ 12(1960),25-26.For the anthropological ga w post ga Ċ dze ik Ċ ga w post rerumque occultarum áą Ċ twie: studyum z prawa polskiego powaniu dowodowympowaniu narodów Ċ powaniu dowodowym,”powaniu 26, á adem Towarzystwa dla (Stanford, 1980), 77, ) at the CEU eTD Collection 371 see: ofvengeance, sense and anger by hot provoked were that Rancor and Reconciliation 370 369 196-97 368 fear andnot of God, topushthedispute asfar asswearing Finally,he an remindedoath. the have judgesbe the of to their consciences, friends good and to advisedtheir disputants the it judgesuperarbiter, ofsuch Furthermore, he veracity oath. beto the would an strongly forfor the him, as difficult andhow of estates, as borders matter the such a vague in God tempt soul to it the was for burdensome how parties the Hewarned Lanckoronski. objectionssettle from Nicolas met Thisoffer strong theconflict. borders anddisputed to thus the about truth establishthe to in order swearingoath an to resort to other tothe proposed a deadlock,came litigants Whenthe arbitration one of to arbitration. of superarbiter this the asa for Lanckoronski is was appointed in year1511. the perambulation recorded register the and of conflict the The account borders. estates’ Bal overtheir Nicolas and Odnowski Peter between duirng arbitration the court chamberlain’s of Sanok inthe register the recorded swearing thedangers uncertainty by Lanckoronski about of and Here is explicit warning an Cracow the case of negative effects ofrecipio swearing ( soul” their “pledged an literally oathlitigants it, put records legal the of onone the conscience as While swearing, Rus’palatinate. proceedingsandthe of in of vocabulary court the reflected soul of disputants is that in the oath. Christian of the sacredrite the infuseallow contaminate sins to of one feelingand the andanger to greatest revenge the of itwas considered feuding. practice Therefore inof medieval the of Church its condemnation swearanoath. allowed to was not ina person law medieval precept that whowas inthe stateof enmity a conflictingparty with must be the only motif behind people’s desire of swearing. It became a wide spread normative of their swearing and all terminate to their enmities. encourage them to strive to swear to the truth alone, to call on God as a witness of the veracity On the Church social teaching of sins in relations to the practice of medieval feud, see Paul R. Hyams, For details see Vladimir Procházka, “Przysi Andrzej Frycz Modzrewski, “Liber de Legibus,” de “Liber Modzrewski, Frycz Andrzej AGZ, This interdependence between care for litigant’s soul his oath-taking wasalso litigant’s soul for and between care This interdependence vengeance of spirit the or anger hot the not but alone, truth the establish to desire The . ). vol.17, no. 1651 (January 1479):26, “ego Dorossius et in iuro animam meam recipio.” 371 Perhaps the most telling and elaborate statement in the legal record about the legalin record the statement most tellingand elaborate the Perhaps burgrabius , 44-59. For the common for medieval law idea of the condemnation of litigations, condemnation of the idea law medieval for common the For 44-59. , and the captain of Radlów, Nicolas Lanckoronski of Brzezie. 369 370 “The lust for vengeance was vicious” - emphasized the emphasized - vicious” was vengeance for lust “The Ċ ga w post in his in 121 Ċ powaniu dowodowym,” 69. Commentariorum De Republica Emendanda, 368 in animammeam cap. XV, cap. CEU eTD Collection periurii usque ad novamgeneracionem de domo periurantis exire.”non ulcionem comminantem prophetam per Deum timeatis vestrarum, conscienciarum iudices boni et custodes officium superarbitrariumper vos mihiimpositum coget que Rogo sunt.eaiuris sitis decernere me vos tamen iuramentum, testorDeum quia res est mihi nimis onerosa talia decernere iuramenta, et si importune instabitis possessione nulli vestrum hec terra cessit indominii proprietatem et supertali re dubia periculosum est quodapparet, vestriquidem antecessorescum et possessa, vos post pacifice ipsos pro eadem antecessoribus terraeius et inter ipso seab semper aliquid possessoria habuistis questionis hereditarie ipsius etest iurabit pacifica qua actor pro terra hec quod certa, presenti de verba per enim iurare onerantia, consciencie et est quamvis quam 372 a swearing on that Odnowski warned they that relates dispute of the The account distance. back of mile’s undergothe touphisversion Odnowski intendedvalidity to oath the of the about doubts their voiced arbitration the attending men The arbitration. the of audience personal measuring fordistance amilewas by made itthat on wouldcondition his besupported oath. Thestandard ofmile Peter Odnowski. belong should to Odnowski’s proposal standard the of distancedisagreed he proposed on the becausethey estates, lengthof a perambulation start to Bal were unable Odnowski and that relates of thefor mile. peacemaking of the account Bal.The Finally Nicolas and the Odnowski Peter between of arbitration the firstthe decision case at oath-taking.whathappened inthe This isexactly mightlitigants attempt uptheirgive time, was reached however, that communitysubjected judgment. Facingto the doubtsof disapproval the audience,the or the choice of thewasshows refuted that not only of the theoath closely interplayedby with the community’scorrectness opinion about its performance.the Evidence of communal implications.swearing Trial by oath was a public event where the assessment of the veracity but the proposal of the swearing settlements. dispute of control itself was means into swearing aneffectiveof couldcommunity of beturned anoath people with possible settlement. view, trajectory From this dispute the of of pointambiguousconcern the from being resolved by swearing In anoath. way this itbecame possible influence to the preventdisputes in to order results the of oath-taking about divine and uncertainty vengeance fear of of the discourse dominant the exploit effectively could likeLanckoronski, interest, by mediated of and Self-fashioned social interests speakers broader community pressure. whichthrough individualthe emotional and religious responses to oath-takingthe were thechannels reveals Thisarbitration andfor of peace. ideals as communal solidarity a speaker conscience. guilty a with oath undertakook who awaiteddisputants perils andeternal the those divinepunishments torments of about perjury: Ibid., vol. 19, no. 3113, p. 667-668: “Legavi vobis formam iuramenti actoris et formam iuramenti testium, IN staging a trial by swearing an oath the disputants hadbearinmind broader to disputants the an oath byswearing atrial IN staging appears Lanckoronski swearing an of oath, of dangers Reminding spiritual the parties the 122 372 CEU eTD Collection Klodno, who served as latter’s procurator in the litigationagainst Volchko’s neighborGeorge Strumilo. While 377 deliberandum.” ad controversiam hanc recepit posuit indomo nobilis Georgii. Dom iudex decrevit sibi iuramentum, qui familiaris dixit: non iurabo. Iudex posuit cittaciones. Statuerunt familiarem. Iudex requisivit familiarem tuposuisti cittaciones; qui recognovit quia 376 statement madeby anoath. swearing statement incourt sin of perjury as… cansuch swearing, case to also be suspected negativeby about litigants’ in impactthe of oath-taking clauses adding audacity pushingthe in cases when the out point for example,specifically documents, Some during oath-taking. fearsperjury of people openly infermanyto were that sharply disputants caused aware of emotional the by discomfort the rejected confirming hints one allow Occasional in the sources. inways various recognizable case, isnevertheless their Borowski, 375 374 esset.” miliari uno inconveniens et oneross nimis Sanocensem civitatem ad Boyska de miliaris nominacio quod disceptacio, quedam presenstes 373 penalty. the suffer to the oath butpreferred of undertake compurgation, to wrongdoingsrefused like theft conscience” own his burden to fearing and fire another have to “expecting of fact the of because from his hedecidedtorelease from oath-taking In adversary Zymny’s words, swearing. helpers. At the lastmoment, however, the plaintiff changed his mind and released the accused oath- of assistance the called hefor also which of compurgation, oath Slanczka’s Mathew end with to The casewasabout Sanok. of townsman Mathew Slanczka, acertain against an landin Andrew brought Sanok accusation tothe instance, Zymny of court 1464, arson themselves and presented conscienceby bysometimes voiced the sinsduring trial clearly were with litigants the oath as the a trial Worriesbring thepotential about burdening by their to dispute oath. dangers of the main reason for litigants’ role many to contributing a significantin the reluctance to settlement of the disputes, dropping the claimarbitration,brought aboutawithdrawal from swearing. This ofattitudekind may have played to swear an oath. For measuring for of distance amile. the another, version more appropriate, his choose giveand proposal up Odnowski waspressedto dubious could length for his beonerous soul and his damaging to reputation. See for instance the case of certain noble Iwashko, the client of the Lviv chamberlain Volchko Rokuthy of Rokuthy Volchko chamberlain Lviv of the client the Iwashko, noble certain of case the instance for See Seeexample Ibid., for vol. 3195 18, no. (May citata23, 1503):“Pars dixit: volo videre familiarem qui michi Ibid., no. 518 (April 2, 1468). Forother similar formulas in the late medieval Polishdocuments consult: S. Ibid., vol.16, 28no. (February 1464). Ibid., vol. 19,no. 3111, p.663: “...et facta est aliquantulum inter homines communiteromnes astantes et This sort of concern about oaths, if not articulated with such particular clarity as in this It is not incidental, then, that doubts about the expediency of oath-taking, aboutincidental,is expediency during the doubts not raised of It that then, Przysi 377 ( et propriam timensconscientiam onerare Ċ Other litigants did not dare to take the oath a second time to confirm the ga dowodowa, 15-16. Si vero Vaszyl ausus fuerit iurare fuerit ausus Vaszyl vero Si 123 376 It happened that even men blamed for serious for blamed men even that happened It ). 374 . 375 The fear of lapsing into the 373 In the end, the In CEU eTD Collection causam ad dom. Castlum.” zayakalaszye. Etsuper hoc ambe partes memoriale posuerunt quod iudicium recepit. Iudicium vero distulit hanc 381 ipsum solum non iurare et super hoc adiiudicatum idem dominus Teodricus solvit.” ministerialis recognovit, quod nonvidit ipsum personaliter et ideo domini sedentes pro tribunali adiudicaverunt solus iurare debet,non quia Georgius dixerat, quod ministerialis personalitersolum dominum vidisset. Sed tum pro eo, quiasibi culpam impinxerat, quod ipse personaliterincuriam ipsius violenciam fecisset aliassynd et sic 380 me verbis turpibus, asserens me filium meretricis, que ministrialis audivit.” michi violenteriurare, volens me interficere et percuciens me volens, ut nunquam contra te essem et deturpasti oath as valid. stammeringimpediment recognizing the aserious during oath-taking wasconsidered to the ordeviation instance, from anoblewoman’s impediments of For acceptedrules swearing. the judged signsas who suchbodily the oath-taking, to response evidence of audience’s the as important are certainly they However, not. or oath-taking momentof the at soul the of anxieties betrayed a person’s such evidence be not surewhether can assessors. One court by which very the seriously were taken of gestures swearer, the bodily intheor signs speech peculiarities physical the of conditions of unusual Scribes litigants. the sometimes noted by allegation an swearing oath. defy were obliged victim’s who to affectBuczacki’s the accomplices, this not did decision However, burdenfrom oath-taking. of freedBuczacki the assessors court the this testimony, made.Relying hadon thebeen home where assault victim’s visitinglord the seen while the he hadnot that The bailiffstated against byBuczacki’sopponent. whatwasalleged in court totestify Heagreed oath. the swearing avoid bailiff helpedBuczacki court The in assault. the non-involvement his personal of his with swear an accomplices together oath was calledonto denying his in the accusation of participation violent personal raidhis a against adversary, Buczacki, while Theodor magnate, local a case, In one avoidswearing. to attempts in their chargesagainstawrongdoer. other among inmadebefavour, threatincourt ofdeath,could under the oath advanced someone’s 379 378 with theoath acknowledged tothe alleged crimes.See Ibid., vol.14, no. 906, 909 (November22,1443). having beenaccused by Strumilo as “proditor, furetprofugus,” Iwashko instead of challenging accusationthis case incourt. lost their thus and swearing, first their of veracity Ibid., vol.17, no.2982 (January 22, 1498):“quia iuramentumprestitit, sedverbis benenonexpressit alias Ibid., vol.14, no.158(February “Gen.13, 1441): dominus Teodricus de Buczacz evasitn. Georgium osynd Ibid., vol.15, 3411no. (Fewbruary 1467).27, Ibid Spiritual anxieties about swearing were closely interwoven with and expressed in expressed and with interwoven closely were swearing about anxieties Spiritual personnel of court gain assistance the to men,sought powerful especially litigants, Some ., no. 19(January 3, 1457): “extrasti me de domo etmea incalcasti me littumin ante domum et fecisti 381 Special physiological states of the body could also give rise to serious doubts 380 379 124 378 The coercion to swear an CEU eTD Collection 385 iudicio dicens: isti homines, quos inculpavit, sunt iusti et innocentes in causa predicta.” Bolkonem kniasium de Olschanycza …idem Nicolaus, quifuit mutuus antea, revocavit et reclamavit coram 384 cremare.” me eciam et fraudare debuisti Sanok castrum quod convenisti, ipsum 383 iacebitin puerperio non poterit iurare. Et dominus iudex et subiudex receperunt hoc ad interogandum.” subiudex salva reverentia, domina Zophia estpregnans, et habet spemquod deberet inpuerperio, iacere igitur si 1453). 382 speakby his mouth his anddeclared own surrenderthe allegations. of When itdisclaimingcame to his however, accusation, Nicolas suddenly regained hisability to by Balko werespoken against captain. the All speak. andmute allegations the be to unable most astonishing aspectof casehearing is this at the firstcourt that Nicolas had pretended to The renounce his andBalkofrom swearing. charges to release declaredhisreadiness Nicolas prove Balko was hisby prepared to innocence swearingand oath-helpers, anoath produce captain’s in the castle Sanok. set fire to to plotting for Balko blamed Nicolas says that The record in courtSanok. castle the in Nicolas certain a of respond accusation the to to Olshanica, kniazof the Balko, summoned Michowski, Albert Sanokcaptain, 1447, the Novemberon 27, relates that castle court occurred during a discussionadvanced as a serious argumentfor justifying awoman’s attempt toavoid trial the by oath.. of was pregnancy theinstance, for case, one In possibility swearing. of expediency the about hesitation and of a trial by oath. The record of the Sanok existente timethe when opponentthe was his putting fingers onthe crucifix ( at exactly occurred from oath opponent the of release the when Therearecases procedures. beoath-taking especially seems consonant Modrzewski’s the to description such fraudulentof minute release from last evidenceabout Occasional byModrzewski. direction, suggested in the interpretation the as leading can beseen findings some Nevertheless Modrzewski. spreadthe ofsuch abusivean way anoath-taking,quitting of asdescribed condemnedby and “mute”? the of metamorphosis form the of strange this of judgment, causedinGod’s swearing,his light bythedangerof opponents’ which came to fear andhis scruples suggest itthat soul’s was itnot then possible lawsuit? Is to stage of the initial in the accusations serious Nicolas’ behind forces driving main the were calumny and lies that instance, itfor case.Is possible,of this missing inthe account significant are details Ibid., vol.15, no. 3246 (June 15, 1464).For other similar cases, see: Ibid., no.2509(December7, 1447):“Prout Nicolaus, quiloquebatur nonet sefecerat mutum, inculpaverat vol. Ibid., 11,2498 no. (November27, 1447): “…et hoc tibi Nicolaus actor recognoscitad faciem, quia tu Ibid., vol.18, no.3760(February 4, 1494): In one case, the evidence even speaks of a wondrous bodily transformation, which The legal records of the fifteenth-century Rus’ palatinate provide no explicit evidence for evidence explicit no provide palatinate Rus’ fifteenth-century the of records legal The ). 385 383 It is further recounted that on the next court hearing, when hearing, court next the on that recounted further is It “Ex adverso procuratordomine Zophie dixit: domine Iudex et 125 Ibid ., vol.XIV, no. 2750 (January 26, iam circa passsionem 384 Many highly 382 CEU eTD Collection Mistakes madeMistakes by jurors – judged duringvariously oath-takingsometimes were they resulted pronouncing regarding theusually raised litigant’s oath veracity doubts the statement. the of dowodowym,” 59. Moravian), Central Europe fordiscussedby judges.Special the terms legalvocabularieswere developedin the of East- designating after minor werenoticedby pleader.gestures in mistakes the word, Even or and speech these kinds of word correctly, text the repeat to was only obliged Theswearer errors, oath. the of text the pronounce such as bailiff, to first was the usually court pleader, the especially appointed Kingdom Poland, an of in legal fifteenth-century dominant performance. Accordingthe to the correct customs, ritual of oath swearing was, it put very strict requirements on the oath-takers in regard to its 387 marc. et quadraginta et suum inscripcionem mortificavit.” dimisit de predicto iuramento et coram iudicio recognovit quia sibi satisfactum est de predictis flor. Centumrotham iuramenti ministeriali predixit et iverunt adcrucem audire iuramentum, idem Sopichowsky libere ipsum iuramentum Nicolaus Radochomsky suscepit iam ex decreto dom. Capitanei et iudicii. Postquam iudicium obligatorio super molendino, extunc libere dimittere paratus sum predictum molendinum predicto orpahno. Quodorphani iuramentum prestabit quod michi solvit doms. Augustinus florenos predictos quos habui modo 386 made ( swearing during errors atevidence of alleged look mill.contested the return and claim Rzeszowski’s the satisfy to hisreadiness of statement Sopichowski’s decidedstart swearing oath. At thatto very momentabout Sopichowski was camewho forward and declared that heRadochonski, had to listen to cross the to towent present men the all and bailiff releasehad courtdecidedthe judges of on delivered the oath-taking, oath the text court tothe Rodochonski thatwhen relates record challenge.The the accepted Radochonski oath. under repaymentthe Rzeszowski’s mill,insisted butto return the guardian, Radochonski, –Nicolas that confirm Sopichowski violently seized and held unjustly themill. Inhis response, Sopichowski agreed fromfollowingredeemed themill. in hisfather’s However, death theMoldavian campaign, the to Sopichowski in pledgefor amount the of one hundred and forty florins. Later,Augustine oath. Rzeszowski disputedmillstated the that hadbeen by given his father, Rzeszowski, Augustine The hisplea, In inheritance. paternal ashis him to belonged mill the claimed accountRzeszowski mill. a seized violently had he allegation the with court castle Przemysl the to Sopichowski of between Jan Sopichowski. hisdisputeRzeszowski summoned Jan Rzeszowski and uncle his the case ends with See S. Borowski. See S. Ibid., vol.17, no. 3401 (July 11, 1502):“Domine capitaneae si Nicolaus dominus Radochonsky tutor prefati In view of the litigants’ ability to manipulate oath-taking, itis taking acloser worth manipulate also oath-taking, In viewto ability litigants’ the of from the describingmode conduct1502 comes A particularly of case forthis revealing potyczek 386 (in Polish), (in Przysi Ċ ga dowodowa lapsuta , 65-72; VladimirProcházka, “Przysi , 126 dejuratio , deviatio potyczek zmatek (in Latin). ). Rigid and formal as the as formal and Rigid ). (in Czech), (in Ċ ga w post 387 Failure in Failure kléska Ċ powaniu (in CEU eTD Collection 392 it. of avoiding ways the and swearing evolutionary approach. Inaddition, hedidnotconsider aboveat the all discussed fears problemof of the declinegradual a in the caused importance and process of legal the oathof the in the dispute settlement. rationalization The growing author’s the of interpretationconsequence a as suffers century from too fifteenth the in emerged practice the Procházka, V. to According swearing. its of course the in occurred mistakes some if oath, repeat to necessity of the spread the of context the in case given the mentioned author The 79. dowodowym,” 391 79. mistake.he oath the In committed agross Albertwhile oath that the swearing recounted Jan of Targowiska to swear tothehaving fact returned of Albert hadto andhis sixoath-helpers order, captain’s some valuable local nobles,–Janof familiarAlbert, Targowiska and Slotnycki.Stanislas of objects and the between concernstwo in1494.It dispute the register castle court in was recorded Sanok the sum of one thousand twenty marks. It is furatus, illicdixit:non recepi furatus, it”steal,instead ( he take of not that “I said:Idid uttering did notes in Thejudicial record its text. properly word one notpronounce he did law Ruthenian to according oath the taking while However, an oath. swearing by himself expurgate had of to was accused and theft who speaks of humble peasant 1497. Therecord a 6, October iswhich language could be tricks by suspected provided a case from L’viv the courton castle bodily sign of commotion. instead alsonot readas clearly of couldas thebepronouncing oath, jugglingandconscious a One stammered, who noblewoman, a caseof of above-mentioned the perspective this From rival.the the most revealingjurors and for court disputing deceiving as stratagem oath a deliberate the becould interpreted of text inthe pieces words the of pronunciation in the changes or of omissions unintentional evidenceallegedly about legitimateas sources describe what way.In in fault this perjury of escape the to suspect trying oath, to in pronounced the of thetext errors made deliberate their swearing, of character crafty wiles played withhelpers were permitted to retake an oath two, three, and in some cases, even theten times. text of oath. In this fashion, small and required to take oath a second time. oathasecond to take required 388 inin thelitigation, adefeat 390 amisit.” causam suam iam velsi secundario, rotam dicere debet iuracione, causam amisit, quia unus testis nonita iuravit, sicut data est sibi rota, vel non, vel utrum testis, qui erravit in 389 decrevimus, quod Mykytha est liber, pro quo fuit citatus per Mytilinsky.” erravit alias pomyalsch. Tunc ministerialis recognovit, quod Lucz erravit alias pomyalscha, propterquod S. Borowski. Ibid., no.384(April19, 1442):“Pro que vertiturcausa, intereos adinterrogandum dominos, sipop suam AGZ, AGZ, AGZ It can notbe facing somehowever, that excluded,It problem litigants, the dubious of the , vol. 14, no. 355 (February, vol. 355 14, no. “Sed 9, 1442): Lucz quando fecitiuramentumdecretum iuxta nostrum, vol.16, no. 2222 (August 23,1494); no. 2223 (September5,1494). Another case, which can be interpreted as an attempt to manipulate the text of of an oath text the manipulate to asanattempt beinterpreted can case,which Another vol. 15, no. 2568. The case is mentioned by Vladimir Procházka in his “Przysi Przysi Ċ ga dowodowa, 388 ). 391 but sometimes the swearer and his oath-helpers were simply 15, 68; Vladimir Procházka, “Przysi 389 During the later Middle Ages litigants and their oath- 127 Ċ ga w post ubi debuitdicere: nonsum Ċ powaniu dowodowym,” potyczek Ċ ga w post potyczek 392 , it seems On the 390 Ċ powaniu in CEU eTD Collection though successfully preventhimnot though didaccomplished, from loosing case. the Itis reported sentence, based legal which wasfollowed byfurther tochallengeoath-taking action and attempts the on trial by oath.defeat, In onebut resulted of these in a simple leadhis cases in not did absence to swearer the about of the which cases canbeaddedentries two delay cases, of the trial the(3). Finally, of swearingappear. Tothis set didhis not (2) or opponent (4) swearer because either the oath-taking two cases areof significantthe defendant,cases (2) in in which the byaddingthe place evidenceabout complicated canbefurther really (31).This picture took trial oath by trial in which cases, the than by number fewer oath slightly only comprise oath-taking wasfrom cancelled and ways swearing these of Together withdrawing meanstwo (11). renouncing the claimof of the sentenceby been settled have might dispute the Second (12entries). again oath-taking necessity of passedthe without recourse to Albert’s Albert’s swearing byhis opponentas false and adenial itsof validity. of adenunciation with ended of hearing the The record Szlaczka. Simon acertain oath-taking the to brought Albert oath-helpers, the of one as earlier appointed been had who Slanczka, instead Jan of outthat turned his It of oath-helpers. oath the selecting and administering against Albertin connection with his He wasswearing. also blamed for during imposture predicto predicto Szlaczka iuramentum dicens, quod est falsus.” iuramentum corporale. Cumet ipsi testes iurare debuerunt. Mathias Wszdowsky a filiastro suo noluit admittere, Iohannem statuere debuit, ut est decretum pro illo tempore. Postea Iudex dedit iuramentum Alberto. Et fecit idem Albertus statuebat et nominaturSimon. Mathias a filiastro posuit memoriale, quia nonSimonem sed videlicet Iohannes Slanczka sed SimonSzlaczka hic est. Doms. Szlothniczsky dixit: hic est testis, quem prius 394 prelocutoradducit.” iuste. Doms. Stanislaus Slothnyczsky dixit: servus meus non fecit hoc ex se ipso, sed quemadmodum eum coram Iudice: domine Iudex, propono, quia Albertus tantum pro centum et viginti marc. iuravit, ideo minus 393 been which postponed, meantoften giving it have might oath by trial the First phenomenon. this explain to seem reasons main Two oath. is theswearing of an certain about known in nothing of alargecases which number indicate 1500, which registers from entries from 1457 to period landandcastlethe Lviv court the of inpattern practicethe litigation inof medieval thelate Rus’.Galician by Thisis suggested the repeat. had Albert to words whose pleader elected specially the of negligence the mistake dueto happened the He arguedthat of Albert. part the improperly. sworn been had oath the that claimed was it and party In opposite the by defense noticed immediately of his familiar, mentioned not thousandone twenty marksone was but marks. hundredtwenty This error Stanislas Slotnycki said that it was not deliberate on Ibid., no. 2223: “hic nonest testis, qui nominatus est coram mfo. Iohanne AmorCastelano Cracouiensi 2222: Ibid.,no. “Hinc Thargowyczsky quodaudiens, procentum tantum etviginti marc.iuravit,proposuit In general, the withdrawal or the postponement of swearing developed into a common a into developed swearing of postponement the or withdrawal the general, In 128 ad concordandum 393 Another accusation was also advanced was also accusation Another , and neverinsisted parties on 394 CEU eTD Collection this estate to Tyczka. It was usually stipulated in this sort of contract that the person who thattheperson in of contract sort was usuallystipulated this It to Tyczka. this estate Jan mortgaged Later, Zubrski Pustomytski. from inherited itNicolas Czajkowski, had who thevillagethat had in of Chajkowychi been father possession Jan Zubrski,of the of Nicolas Czajkowski for negligence in himdefending calledon an is Chajkovychi.estate, It reported and onMay was heldL’viv recorded court castle inthe 5, 1501. nobleman L’vivof land,his during lawsuitwith Nicolas Tyczka, aL’viv patrician. Thecase werespoken in The quoted subchapter by Nicolasthis Czajkowski, titlewords the of Writing and dispute 4.10 Ego huic inscriptione non credo, …ipse scribere potuit, quod voluit: the dispute’s settlement. for favorable terms and new perspectives andcreate negotiations avoidinglitigants oath-taking, wasan by towidenattempt the for opportunities the than itself. swearingthe shrewdand these Behind inventive techniques of and proposing invoked a great deal fearsof and uncertainty, sometimes mattered more in the disputing game and relations in reconfiguration power of dispute of the byswearing, whichledtothe a trial proposing andwithdrawing theclaim Onceswearing.mustitof again bestressed that threats manipulation theof momententire of byskillful of oath-taking possibilities the pathto guide the to dispute, the of control pace the to individual capacities litigants’ were important madehave Whatseem oath. more much to the under been factual statement swearing and of moment toonly the restricted moves wasnot and rangeof a wide swearing covered a certain flexibility.degree of As a crucial litigation, by trial of on the technique carrying involved in the process of oath-taking, the oath as a means of dispute strategizing, did not lack and of procedures the rules, formalized spite character ofthe highly rigid and oath-taking. In oath shows greatdispute variabilityof context the in agency settlement human the and norms legal of interaction the inregarding comment the inlitigant’s fifteenth-century behavior inGalicia. face opponent. swearer’s of theAnalysis rigidity ofmemoriale theof thepractice ritual of vain forbutfailed swearerthe appear. Thispay paymentuntil the dusk, to of refusalto the avoiding trial by 395 sentence ( court the and legal action the record to which served uponthat swearing heforgot oath, the orrefused topay customarythe court, tothe payment 396 Ibid., vol. 17, no. 3785. AGZ , vol.15, no. 2324 (July 12, 1493). The variety individualof litigant’s intrajectories dealing with oath-taking call for one was taken by the judges as contempt of court and the case was adjudicated and casewas to the ascontemptby thejudges of wastaken the adjudicated court 395 129 memoriale 396 Nicolas Tychka blamed Tychka Nicolas ). Judges waitedin CEU eTD Collection interplay and interdependence of two modes awiderinterdependence of oflegal literate, opened interplay oral and and two pursuit, as shall documents principal furtherthe meansof argue the Ithat proof. written accepting persistence elements disputes inof of resulted of in thepractice orality inambiguity court traditional withmoreinteracted writing, and showlitigation howtry depended new on techniques of to oralandhow the usage of shapeddocuments written the disputing Additionally, strategies. Ishall patterns litigation of context inthe writing meaning of the and practice affected fifteenth the century mentality during literate a new of rise the how examine to Iintend courts. century Galician of fifteenth the of practice legal proofsin the dispute and writing between interrelation the of problem and legal process. My suggestion is that the strong attention to the fact that Czajkowsky held the register of the captain’s court in contempt. court captain’s heldof the theregister Czajkowsky factthat tothe attention his calling captain, the to whoturned of Tyczka, response the noted scribe the Afterwards who presided over the court hearings: court the over who presided captain the to Czajkowski addressed words the gives of dispute the the account afterwards confirmed that both copies agreed on the point of the conditions of the contract. Immediately Thereading statement. Tyczka’s of check correctness the on to in order register court judges a the court, ordered reading thecontract of copy whichthe of had inbeen inserted the confirmabo eandem copiam authenticity: charter’s the confirm to register court the to recourse take be ready if he to would necessary andstated that mortgage of charter the the copy of a his inthe allegationsupport Tyczkacourt produced daughterTo of Pustomycki.Nicolas Rechtskultur des früherenMittelalters,” esp. 333. Reynolds, “Rationality Collectiveand Judgment,” 8-9, and Hanna Vollrath, “Rechtstexte in deroralen 398 actis inscripta; ipse scribere potuit, quod voluit.” 397 to provide nocare Zubrski words, took In infulfillingTyczka’s interest hisobligation. nowhoshowed for the defense hisWhen Jan Zubrski.passed onson,Nicolas Zubrski died Czajkowski, obligation this against with his of agreement part essential an been have to claimed Tyczka waswhat This relatives. the claim his/her of claims possible new owneragainst defend the to was obliged estate the mortgaged of Rosa, the wife of Jacob Ch For mocking the adversaries’ reliance on the written document in medieval disputes one could consult Susan consult could one disputes medieval in document written the on reliance adversaries’ the mocking For in fuisset que credo, inscripcioni huic nec ponit, copia in ipse quam credo, non inscripcione huic “ego Ibid.: In followingthe analysis case this will serve as astartingfor addressing point the could down write everythinghe that wanted todo. copy, document,the thathad nor beenputdowninto register; the he Sirneithertrust as Captain,he I document the that his produced own . After declining Chajkowski’s request give to the case tothe land 130 397 et si necesse est actis est si necesse et ą stowski and 398 CEU eTD Collection Goody and Ian Watt, “The Consequences of Literacy,” in ofLiteracy,” Consequences “The Watt, Ian and Goody inkeeping. preservation new of ina record This of politics growth resulted rapid quantity the pivotal introductioninmore ofnew showingthe sophisticated and techniques of record fromis which1420s on.This late on courts, basisstarting a regular evidence were kept the mode of transmission in the Galician context was the survival of firstthe registers of the local literacy. effectiveforinformation tool verifyingand the effect classifyingdue to of spreadof the growing rationalization human thought.and of Writing skepticism developed into the most and anincessant facilitated thinking and critical literacy way. spreadof enhanced The for fixation,of opportunities and accumulation transmission inunprecedented knowledge Memory and Oblivion at the End of theFirst Millenium 1066-1307 UniversityPrinceton Press, 1983),esp. 3-15, 42-59; M.T. Clanchy, Written Language and Models of Interpretation in the Xith andXIIth Centuries Stock, Brian example: see for culture, medieval the in of communication forms Paolo Giglioli (London, 1972),esp.this 312-19.On aspectof relationshipsthe betweenwrittenthe the and oral Goody, Jack by studies anthropological recent see literacy of spread rapid the of process the undergoing societies traditional 400 (Turnhout: Brepols, 2004), 93-105. in Rotrußland (14.-15. Jh.): Zum KulturgeschichtlichenAussagewertmittelalterlicher Geschichtsaufzeichnungen,” under the impact of literacy beenhas recently highlighted by Thomas Wünsch, “Verschriftlichung und Politik iin 399 societies. traditional in literacy with of spread the associated are usually that means of communication mode and changes inthe linked significant other be further features to can Thesetwo century Galicia. in mentality fifteenth- literate newly emerged this of traits characteristic most were among the written document asand a keypreservation instrument accumulation systematic for the Care word. thewritten towards inofby newattitudes characterized officialexercising and powerprivateregion. and documentsthe administration and landscape ofwhich cultural of social the changedthe andin written the document, the status a sharp of awarenessjustice shift aradical consideration observes one under period the medieval inlate Rus’.Galicina In of the role of the century. Thefifteenth century was a turning pointin history the literacyof makingand record thefifteenth during witnessed society Galician that literacy of field the of transformation litigation. space for individual trajectoriesdispute and themanipulation of legal norms in of course the Onthe structural transformations in the field of social knowledge patternsand of communication inthe Rus’ Galician in order political and social the of transformation rapid ofthe contexts and consequences The The DevelopmentLiterate of Mentalities in EastCentral Europe, 399 One of the most immediate and apparent manifestations of the impact of literate impact of the of the manifestations andapparent immediate most One the of The context, first and foremost, in which this case must be situated, is the profound The extension of writing resulted in the emergence of a new literate mentality, of emergence newliterate in a the resulted of Theextension writing (Oxford andCambridge: Blackwell, 1993), esp. 254-99; Patrick Geary, The Domestication of theSavage Mind 400 Writing became a crucial technological device which broadened which technological device became Writing acrucial 131 (Cambridge: Cambridge University Press,1977); Jack (Princeton: Princeton University Press, 1994), esp. 12-5. Language andSocial Context. Selected Readings From Written Memory to Record. England eds. Anna Adamska and Marco Mostert (Princeton and New Jersey: and (Princeton Phantoms of Remembrance: The Implication of Literacy. , ed. CEU eTD Collection no. 2399. by belonging. The tothedefendant’sterritorial this wasmainly reference rule the understood law medieval Polishjudged. In and legalcase be the brought wasto where court citation the rei forum confirming the fact of the purchase of some fish by the mentioned Dmytr in the town Sambir. See Sambir. town the in Dmytr mentioned the by fish some of purchase of the fact the confirming mentioned sureties that were saying called on goes to guarantee text The that Dmytr Wolyca. would from bring infour peasant weeksDmytr, to the Sanok certain castle of the writ sureties as serve to agreed Boiska from According1447. 18, March on dated register, castle Sanok the from record legal by the to provided is society Galician the text of the record401 two men of plebeian origin the smith Clymek from Prosek and Mathwey supported constantthrough recourse register,to the wasfrequently invokedin disputes. fundamental form of organization in lives the of nobles. This local manifestedidentity, and a local particularcommunity – belongedone to that testify employed to wasusually register and business of signs their daily into Referenceaspecificlocal aparticular context. to court course of fifteenththe framed identity century. They nobleby inscribing individuals,families, reservoir of memory social and developed into one inidentity of elements the noble the main registers emerged asthe court verification, evidence and written preservation of became inscribedprovide agoodexample ofhow knowledgethe of andwriting expertise in legal documents of registers misuses usesand the process), legal the on chapter inthe of summons letters to in the politics –andregisters. documents process legal usesofthewritten court the of dispute.settlement, itis relevant totake a closer look at some important and interrelated aspects of the of inwritingDue of context dispute the processof and appropriation the accommodation to its groups. various plebeian of representatives familiar to became and accessible role asThe evidencethe suggestsprincipal theadvanced beyond of social circle the elite the nobility –the of greattowns. and patricians the literacy went down Galicianthe sitesocial society ladder of intoand brought alargertheof courts part of contact inthe volumeincrease production of the documentary the resourcesimpressive The with literacy. of literacy. proliferation the to of related writingimplication significant another had It was during this period also keeping assites of record network court’s the establishing of process A Galicia. gradual that the uses of writing in decades of of Polish rule earliest the period justice in of previous the administration the revealingof theprocess documents andoccasional if scattered the compared impressive with is particularly activity form courts’ the which resulted documents written of various sorts of large This scale output Rus’palatinate. of institutions the of judicial the preserved records A very nice piece of evidence showing the circulation of writs among the members of the lower strata of the strata lower the of members the among of writs circulation the showing evidence of piece nice Avery The Polish legal process followed the well-known rule saying that of the cases Similar to . This meant that the law worked to privilege the defendant in regard to the choice of choice the to in regard defendant the privilege to worked law the that meant This . mala , inordinata citacio 132 analyzed above (see the pagesdevoted the analyzed (see above 401 actor sequitur Toillustrate AGZ, vol. 11, vol. CEU eTD Collection This kind of scrutiny sometimes helped identify to discrepancies betweenconsiderable two various spectrum involvedbroad procedures, relatedto texts of inthepursuita dispute. of registers earlier. in written court contracts, or pleading of texts the with them comparing by challenged and control to subjected were debates inveracity andpractice statements spoken which oral court arguments during of aparty’s the and the system of factual reference of framework whole the proof transforming for be crucial to out turned registers operating in courtsystematic proceedings. s for theregisters in utilizing shrewdness and incapacity litigants’ The the highlights, particular, check case testifies of the thecase register; of court by the establishment from created the opportunities the benefiting to a wideoral spread or written statements of proof. The functioning of the court prove the belonging of that branch of the family to the land’s noble community. noble land’s the to family the of branch that of belonging the prove to L’viv landcourt in of the register the consulted property were disputed purchasesof the the of andcopies of payments land.tax of Records L’viv court the be to caseto transferred the registerallow requestedland the judgesOne to underthe groups court year1475. of disputing neighbouring migrated to land. L’viv into relevant The record of wasput dispute Przemysl the later branch one and land, in Przemysl settled originally family The strategy. litigious this family exemplifies of Voyutycki the branches between two of One a dispute stages to dismiss summonsfrom courts of lands where they didnotfeel sure enough to win the case. ipsorum assessorum [de]creverunt, quia hic in isto districtu respondere debent.” respondere districtu isto in hic quia [de]creverunt, assessorum ipsorum literas aliaquas dicte empcionis coram iudicio reproduxerunt, igiturdomi. Iudex et subiudex prehabito consilio docent, quiaibi Leopolietiam et emptio dant dictorum bonorum regales fumales in libro et terr.inscripta contributiones est. Sedsemper quia nec regestraLeopolim in predicta ibi quia nec regestrum, approbant et docent ipsi remittere cum penaaddistr. Leopol.Exadverso Osswy 402 land assembly ( the or of king the consideration the came directly to Legal cases that committed. been had crime wherethe place of the court the and captain the respond before to wasobliged offender offenses so-called andcameunderthejurisdiction paragraphs.An four captain’s the of criminal notorious concerned most the that legal cases primarily embraced These exceptions law. medieval in Polish existed rule this to exception Some penalty. the for liable was himself outside the district of defendant’sthe residence wasregardedas invalid, and the plaintiff a court located.situated acitationresidedA broughtto was wherehispatrimony and or plea he landwhere the inrespond primarilycourtof districtthe or the to defendanthad theright Ibid., vol. Ibid., 63118, no. (March 7,1475): “Nob.Stanislaus Capustka cum procuratorio dixit:… ut ipsos velitis Cross-examination of legal writings with the assistance of the register encompassed a encompassed register the of assistance the with writings legal of Cross-examination litigants of point the on revealing isalso Czajkowski and Tyczka between The case In general, district “proper” for the were appeals widely whosoughtused bylitigants, colloquia ) also belonged tothis group. 133 ą czym dixit: quo czym dixit: diceret districtum. Capustka 402 respondit: CEU eTD Collection oblivione, etsibi eadem evasio est inscripta in acta.” evadere pro decem marcisvolens et totidem damni,memoriale, posterisposuit alias naposzlyadkv, commitens, iure coram quodiudicium neque dans recepit non ex ignorantiaiurare et debuit que Baranyeczska Fyedka 406 405 trium marc. parti et iudicio alia. Memoriale iudicium receipt.” bonos marce sicut tres adiudicavit restitucionem ipsiIohanni perZavyanza ipsumque zavyanza punivitpena cum curru illumque pena puniri Iudicium memoriali accepto equos pariter cumcurru in duabus septimanis ita quo nonprobavit sufficienterquia testis alitertestificatus est et aliteracta canunt et petivit sibi adiudicari equos recognovit, quod equitaret inlegacione et nuncio ad ipsum Fredro. EtFredro memoriale posuit inhec verba: ex testis unus nobil.et Demettrius eorum testificatusconversionem et est, quiaproposicionem locatus iuxta fuerat per dePleschowicze eundem Fredro nobil. Iohannem dom. Zavyanza in iudicio,obdestinabat sedvidelicet non obtulerat se probaturum, quod debuit statuere testes iuxta inscripcionem superius in actis contentam quod 404 1453). letter as false. See Ibid., vol. 13, no. 5236 (September 6,1463). Consult also Ibid., vol. 14, no. 2914 (Augustthat thesumof comprised 10,debt not forty but thirty Afterwardsmarks. JanKaras condemned the Budzywoy’s revealed became it parties, two between agreement of the copy the contained that the register, consulting upon However, indicated. been had of debt amount mentioned the which in charter, the court the to presented he claim 403 earlier. in register the inserted been disputants andwas by presented inhim/her courtasalegalthe proof, andthe copy, had which of one the belonged which to acharter, is,of copy between atext,that the of versions During such debates the litigants called attention to the absence of the judge from absence the litigants calledfrom at judge attention During court of to suchdebatesthe the from improper needed way or extractingdocument the proper register. the puttingor of down but and “forgot” then judgebegan to theircaseagain. ex ignorantia etoblivione assistance of the register, the ignorance and the oblivion of the judgesfar ( in their challenge of court judgments as to claimlawsuit. andcancel the dismiss claimsof opponent the enough to their wereconsidered in testimony of awitness’s text and the a citation presented statements readinesstestimonies of the witnesses called to support litigant’s statement. Differencesto between factual prove,shows that thewith copieswith ofthe ctation the textextracted compared couldcheck from be presented or facts citation, the register, taken to the surveyed of fromthe thesecond register citationwere also used toto checkrefute on the an allegation of an adversary. The evidence the court register ( register court the in had madeinserted of andthat agreement disputants previously the the record against the settle thedispute,which favoredhisopponent, onthe grounds the that terms of ran settlement to attempt court’s tothe obedience rejected litigant for the instance, case, judges.one In court the of decision the oppose intended to who litigant the of claim legitimized the register court Ibid., vol.18, no.3901 (June 4, 1499):“Postmodum veniens Iwaszko Blazowsky cum causamsuam predicta Ibid., vol.14, 2715no. (November20, 1452). Ibid., vol.17, no.2782(December7, 1495): “Iudicium decrevit, exquo doms. Nicolaus Zavyanzaprout 1463 In JanBudzywoy Karasrequired from payment Jan amount of debt of in Insupport40 marks. of his et nonestsibi factam iuxta inscripcionem libri ), who had first adjudicated them to be free from charges, be from advanced free them had adjudicated first to who ), 403 In similar fashion, the content of the text of the first the of text the of content the fashion, similar In 134 406 It was also common to debate the ). 404 405 Making recourse to the to recourse Making Some litigants went so quod iudiciumrecepit CEU eTD Collection while passing the 411 charterterrestris, qui protuncon hic sedit et si thedifimas hanc literam, ego volopart ipsam subiuvare iuxta iuris formam.”tantumof Iudicis sigillum habet etthe subiudicis non. Et procurator Andree villagedixit: hic inista litera est manus Notarii Nahorci410 to a certain409 woman1505). Panka hadCapitanei autIudicum etSubiudicum terrarum essent sigillate etIbid., In roborate.” vol. 18, no. 4340 (Marchto 4, swear oath“litere hujusmodi nihil probant,with quia non alie littere debent teneri in iure nisi ille, que sigiliis Regie Maiestatis et 408 erat.” iure coram personaliter Lowcze Adam nobil. idem neque fuit illo tempore minus iuste et indirecte in librum intravitet hoc ideo,quia res non est manus hec Notarii castrensi Iudex, nequeIudex castridomine pro dixit: intrando non controversiam personaliter, commiserat iure coram suam causam 407 his vice-captain. – the assistant to himself its was commissioned validity bythecaptain for case’ssettlement grounds the the on that nevertheless way argued incorrect insuch an sealed the document The presented who party of legitimatebeinstead of that be usedin enough captains, could the considered to a dispute. parchment thevice-captain, the with suspendedon of seal pointthe the of acharter whether on erupted instance, debate For presented. charter the for dismissing anoccasion opponents inproof lacked sometimes disputes some of necessary seals officials. court the gave This aslegal court tothe submitted Documents norms. prescribed sealed tothe according were not and before disputants courtjudges the often questioned the acceptability whichof charters judge,vice-judge. the court the castle court, sealsthe activity and thecourt mensupervising the of the captain thehead register: as of the by mustbe substantiated registers on the based and were chancelleries court the of came out lawcopies aswellpractice in castle which that court stipulated as statutory the of documents which focused perhaps parties themostthe in often suchdebates on expertise. The legal into register. document the timethe of questionedrecording or the hand the notary of court responsible for writing the damaged seal all.nonedamaged at seal hadonly presented if charter by party eventhe opposing the required, needed, or especially witnesses’ calling waymightinalsoor the succeed oath theby swearing of animproper support on testimonies.writing of the court notary responsible for issuing the copy. hand- bychecking its the prove his authenticity to he of readiness claimed vice-judge; the Recourselacking seal the but judge, by court only the sealed court to the charter the presented disputant to supernatural legal of the one case writing. othersorts by of expertise In his/her to resorting position support in the form of oath-taking was Consider the the Considerfollowing example: the in record from 1442,Ruthenian the priest Vasylko of Peredrymikhy (December Ibid., 2755“Pyrka vol.15,no. 15, 1498): dixit: Iudex, literadomine nonestsifficiens, ista quia Ibid. charters: issued the ofsealing way proper the concerning procurators ofthe one of words the example for See Ibid., vol.17,2796 no. (January 1496):11, “a quo nobil. Andreas Rosborsky tanquamstans procurator,cui The question of seals, which had to be attached to the copies issued, was the point on 411 407 409 408 135 In a debate over seals a party support Inadebatecould seals over aparty The rules were not strictly however, strictly applied, not were Therules 410 Those who held charters sealed charters held who Those CEU eTD Collection without doubta verywithout allegation.hisstrong even help Incouldreply Oleski not his concealing write down in the this claimby uttering theopinion Jan that asaheadof Sienno, register, of courtinthe “couldOlesko, what issuedminutes of in judgment, the bythechancellery Hlibko court of the Olesko. countered he wanted” ( his he Tosupport statement, produced of in the localcourt Olesko. upon Hlibko castle adjudicated hadbeen fine that byhimasa been hadtaken saidoxen the that stated Oleski court, blaming the In a case Olesko1449,Hlibkothe brought district. L’vivcastle Jan Oleski to the against latter for unjust nobleof of Chylchyci,Olesko, andHlibko the of Jancaptain of Sienno, controversy between seizure of two oxen. Responding to the accusation, Jan charges: over theopinion local nobility,of agreed toconfirm who guilty hewasnotthat such of 413 412 witnesses to confirm the validity of damaged seals see: Ibid., vol.11, no. 35 (March 18,1424). givenbeen had charter aforementioned the that fact the to court castle Lviv the of judges to the before priest another his father without the seal, see Ibid., vol. 14, no. 368 (March 9, 1442). For making usage of the judge an accusation L’vivagainst the landjudge, JanGolambek of Zymnawoda, claiming that the land, advanced nobleof Przemysl Czajkowychi, of Andrii Pankratovych revealing example, against their judges abuse the by protest registers the of inastraightforwardcourt way.one In theirinvolvement by one of disputingthe partial partiesor judgment. in of sometimes resulted Judges’ ofaccusations phase use of registers arbitrary dispute. the down a protest orsummons in registerthe andthus alegitimateprovide basis fornext the sometimes offer insights into the court notary’s ability declineto or accept the request to write andof The registers. the sources and out supervising of into theinput documents output officials chancelleries of with responsibility the controlling charged court the of work the and registers the manipulate to power the for inAs litigation. in thelaw the of resources the disputingmanipulate and process, thecourt sources chancelleries are particularly of the output becameone’sassert the powerover to and summons, appealefforts or down a protest, the part revealingof power writing of possibility the register, court the Access to process. of disputing game,the context in the on showingthe role one’s of courtempowerment to control Ibid., vol.14, 2042no. (April 5, 1448). vol. Ibid., 18, 1165no. (December1, 1478). male et false littereexirent deiudicioterrestri. male etfalse In regardone this of mostthe illuminatingis provided cases by of record the the The usage of registers evolved into the most significant instrument of relations of power instrument significant most the into evolved registers The usageof prout nobiles super eum ut famabant, esset iustus istius negocii infamie 136 potuisti facerescribere, quidvoluisti However, Golambekwin managed to 412 Some nobles voiced Some nobles . 413 ). It was ). It CEU eTD Collection not be estimated as trustworthy ( attend the session courtof the landhearing judicial inissued orderassembly toincorrectly. have( timebe to thecharter judgehadallowed by saying thatthe further thejudge went and accused to takeThe outcomecounselform. in register incorrect Mzurowski toexpurgate register Whenthejudgewanted the the of of thethe debatebody inthe inscribed was agreement of the text of the stating that register, the was inculpated afterwards dignitaries the prorogation whoproved were of thetothe casecorrectness register with the charter forthe of comparison The down. put been previously had agreement the the next of Hermanowski’sof text in the which register the byconsulting charter the expurgate to setout Hermanowski claim. It did not stop Mzurowski, however, who wrong way ( documentwas issued the that chancellery claimed inStroski. Mzurowski bythe court the obligation pay to marksthirty for surety taken on behalf localanother of nobleman Stanislas of Jan Hermanowski Mzurowskiinculpatedthe charter in Peter land1447. in court the Przemysl washeld dispute Mzurowski and between Jan Hermanowski.in Peter The dispute the of reported account the which against andthejudge register the with brought are combined veracity charges of documents the latter the about worries of same sort The palatinate. Rus’ century fifteenth the of practice disputing produced vituperation of written proof foundin two casesthose was bynomeans inexceptional the The dispute. in the benefit their to it inturn and register the from the documents the of output the control to ability courtrivals’ their of point the on suspicion their clarity particular with asarticulated a litigants the cases proof both In opponents. by their presented evidence, written the of validity of Mzurowski’s the about doubt their expressed explicitly litigants cases the both In Czajkowski. of Nicolas debent ipsos sentenciare.” ipsos debent ad iinterrogandum ad receperunt dominoscausam eandem in colloquio Wislicien. Camararii Et Idcirco terminum dare. habent fecit ad alios libro de terminos.literam Etin terminis prox. infidelicet quia dicens, infamavit Iudicem eciam etipse expurgare librum volebat presencia in sedens Iudex Et pysano. yest Nyewyerne inscriptum taliter, prout in eadem litera litera eadem cum scriptumest est. Et concordatus Petrus eciamterrestris librumliber et infamavitexpurgare dicens, incepit quia libro et in libroIohannes infideliter Tandem est infidelis. litera infamavit vulgariterprzyganyl dicens, quia ista litera exivit infidelitervulgariter nyeweyrnye wysed et est idemobligatis in triginta marcis, sicum literam posuit super eandem obligacionem Iohannes, idem tunc Petrus eadem Mzurowski talicondicione videlicet pro intercessione pro Stanislao Stroski pro novem kmethonibus Kneziczein 415 414 following “and words: you vigorously register”the ( discredit bewilderment at such dire talk, which was noted by the scribe of the controversy in the Ibid., vol.13, no. 3138 (January 22, 1447):“Nob. Iohannes deHermanowicze proposuit contra nob. Petrum Ibid., no. 2183 (January 31, 1449). It isfind striking to similar how out of HlibkoChylchyci’s sounded to arguments those quia ista litera exivitinfideliter vulgariter nyeweyrnye wised est idem litera infidelis idem litera est 137 colloquia ). To confront this challenge,Jan ) in Vyshnya. ) et derogas acta forte ) and therefore could therefore ) and 415 Underlying such ). 414 CEU eTD Collection 418 perdicione.” ad vel lucrum velad persone alicui nocive Iaczimirz clericum non recepit indomum suam et fecitnon sibi literas falsas scribere membrane,in que essent 417 which he had previously vituperated as false, see Ibid., vol.of 18,mortgage, no. 833 (February letter 8, 1476). Lopaczenski’s ofthe veracity the to acknowledged Czelatycki concordance ofthe terms By the 1476. from Czelatycki Stanislas and Lopaczenski Thomas between concordance of the document the also tres marcas, quia literam increpavit, post ea ipsam in iudicio solus approbavit, eam esse bonam et veram.” See hadMargaret he pay marks,hundred pledgedinthe amount the fourof refused which to to lawsuit Frederickof inJacimierz disputing strategy Bolestraszice. his with Margaret which should have beensuspended next captain’s tothe seal. lacked charter judge’s chancellery.Accordingby the tothis seal, the suspicion, court the issuedbeen had ever whetherthecharter Frederick doubted of sort of suspicions. Therivals builtanother on were of Frederick, charter the against Komanowa said of the by theattorney firstcharges,1435 onecanlearn November advanced and the that 25, register dated court’s dicens, quia est bona litera 416 which could be men.damaging for other had notinvited theclerichis to house, andhad him notordered compose falseto documents Jacimierz Frederick of that oath under testified witnesses The nobles. local among recruited by of seven witnesses, assistance the wassupported Komanowa. Theexpurgation Dorotha with in a certain which he used his dispute himselfdocument, andexpurgated his written gatheringin land,the of local of the nobleman Sanok Frederick Jacimierz, Mostyska, diet Przemysl land from court 1438 relates followingthat thewhich mandate had passed during of instance, inthe stratagem For arecord game. played adeliberate the disputing as with distrust of be alsocouldsuggests that validity writing pragmatically charters defamed the of failedin their accusation written against proof and their succeededin rivals the proving of dispute. practice in century move fifteenth employed the inas of genuine a accusation stage lawsuit document the followingand recognize the the was crafty strategies of a rich repertoire to thatcontributed pattern as adisputing appeared charters of vituperation of litigation.the To questionpracticeseems that It anxieties. or distrust social reflecting disputes, of course in the thewriting of abuses validity itself of the charter could first,the court, who could plot togetherbut with easilyan adversary with the aim withdrawfalsifyingof the documents. defamation letters,of registers,the andjudges was a suspicion fraudof be on part the judgesof of turned to systematic abuse by the litigants. Thus, the Ibid., vol. 11, no. 757. Ibid., vol.13, no. 803(February 24, 1438) Ibid., vol.13, no.1481(January “Znyn2, 1441): literam acceptavitalias spravil, quamprius increpavit It is interesting to note that a decade later Frederick of Jacimierz resorted to the same to the resorted ofJacimierz Frederick later a decade note that to is interesting It The vituperation of letters appeared not only as a corollary or reaction to an increase in anincrease reaction not to appeared or only as acorollary letters of The vituperation . ” Ibid., no.1513 (January 30, 1441):“Stanko de Chlopicze subcubitpenam iudicio : 417 “ita nos Deus adiuvat et s.Crux, quod Fridrich predictus de From an earlier record inserted in the Sanok castle 138 418 416 Cases in which the litigants the in which Cases CEU eTD Collection had first to behadfirst vocalized,to is, that readaloud in courtroom, the tothejudgment andexposed legitimatesignificant toobtainways. legal meaningwritten proof, Inorder document the of a Galicia. century fifteenth in the of crossroads both written the and oral modes transmission of in utilized justiceadministering manipulationlitigation on the oral means of transmission. Thisfeeling of distrust towards writing as well as ofof the feeling of distrust was most likelythe due to the strong dependence of the legal process and fears This written spread word. towards distrust and byanxiety was characterized society Galician connected in perception of alsosuggests writing the vituperation that The practicethe of of charters with awareness of opportunities for abusing andmanipulating the written word in legal the context. the usesshow that musteringof writing of cases literacy. The of sphere pragmatic growing rapidly the of influence the usage of written evolvedshould artof of skillscritique undercharters’ the advancedandthe sophisticated of the that documents in sign a as only documents written of the theauthenticity be of theexamination of multiple cases the disputingsituated process sharpened at thetheambiguous attitude and even in mistrust partwriting on of some litigants. the playedon which process inthe dispute a pattern of existence the to cases testify 419 final judgment ( local land court. Once more the reading aloud and expertise bothof copies was set out and the the of consideration forPrzemysl the to back sent wereagain letters both Then in Przemysl. lords, confirmed by correctnesshis verdictthe of sentence previous the of local the land court gathered the of head the at stood who king, the There Lublin. in Diet the at held court king’s moreby being readaloud anddiscussed.The second it time was during of the proceedings the the end of the lawsuit. After that both copies underwent the procedure of comparison twice mean However,notdid this casetoMargaret. the of andcopies both concordance adjudicated the confirmed judges court the In thesentence of onthepointconcordance. contents document judgesthe readboth register’scheckMargaret’s and the aloud ontheircopies to of register. Upon vituperation inthe agree in with thecourt contentdid its copy the not byMargaret, presented the document words, his her therightness In claims. of toprove court in of letter which pledge, contained Margaretproduced theand sum mention the this which of his himselfFrederickbetween agreement denial supported by theand Margaret. defaming Ibid.,vol. 13, 3717no. (November8, 1448); Ibid., no. 3771 (December4, 1448). Oral transmission mediated the presentation of written evidence in the court in in several court evidence the written of presentation the mediated Oral transmission ininterpretation considering oversimplified and one-sided There isacertain of danger sentential deffinitiva ) was passed in favour of Margaret. 139 419 vituperatio litterae In general, such CEU eTD Collection 421 Press, 2002), 111-122. Historiography Patrick Geary, “Oblivionbetween Orality and Textuality”, in 420 the summons for the scrutiny bythus he wasthe liable for the courtpenalty of the castle court.officials. Both litigants presented their copies and house the on of assault violent asa At Krysowski of conduct this violent the classified summons point comes the most interesting insisted of text the that Mzurowski castlejurisdiction. the belong Instead, casedidnot the to lawthe to because according appeal landcourt, to the helegitimate to sawit Therefore, house. claimed that the letter of summons contained no mention of the violent assault on a private summons bywhichtorespondbeforesued Krysowski the Krysowski court. Mzurowski hearings. of case context oral, performative held in the courtroom. thepublic debate of as aresult wereelicited courts inthe evidence written of interpretation This made the presentation meaningsand the This that insuggests court. the present noblemen the andof consideration of the written text too contingent on the two nobles. register on givesSeptember 5,1491, information about unusualthe between controversy these incastle Przemysl the written Mzurowski, Nicolas and Krysowski Stanislas between dispute courtbyitsthe instance, in officials the previousof phases of For dispute. record the the litigants were notalways sure and correct on the content of documents that had been issuedin some Latin a poorknowledgeof due to reveal sources that The of content a document. charters by disputing parties couldbe wrong or sometimes differ substantially from the real terminology in evidence The particular. suggests understanding that of Latinthe text of understanding andinterpretation of language Latin the in judicial general and Latin conflict. whichgaveriseevidence, to judges factual the partiesto the than and more sometimes mattered presentation cases of performance. It is worth noting in this regard that debates over theopportunity opened bythe dependence of writingrules on ritualsthe andformulas oral of of conduct and of the oflegal wereperfectly of and utilizedthis any Nobles the aware structure formalistic process. areclear pointthe sources on of usageof the how in wasdeeplyembedded writing the rules ofin conduct presenting proofs and in exchanging arguments courtroom.the The and formalistic of by governed oddandstrictly wassubjectedto sometimes documents a set writing, the use ishow for understanding towards highly of important attitudes written Onthis aspect of the interrelationof the oral and textual in the context of the medieval disputes see especially AGZ, vol. 17, no. 2404. no. 17, vol. The procedure of reading charters aloud also involved of aproblem knowledge, aloud also of reading charters The procedure 421 , eds. Gerd Althoff, Johannes Fried, and Patrick J. Geary (Cambridge: Cambridge University Cambridge (Cambridge: Geary J. Patrick and Fried, Johannes Althoff, Gerd eds. , The parties varied in opinions concerning the type of accusation in the letter of in thetype The letter varied of in the concerning parties accusation opinions 420 140 This performative dimension, found in nobles’ in found dimension, performative This Medieval Concepts of the Past. Ritual, Memory, CEU eTD Collection to the resources of oral transmission and being open to a ceaseless process of negotiation and negotiation of process a ceaseless to open being and oral transmission of resources to the be not built of having written documentthe upon power the alone recourse without permanent in oral culture. Itseems infifteenth-century that Galicia lasting andfirm relationships could practicevituperation of of inherentin waswritten documents a worldview still deeply rooted excidit et in duabus septimanis ministerialis debet recognoscere, si signum conveniat loco, an non.” an loco, conveniat signum si recognoscere, debet ministerialis septimanis duabus et in excidit 424 423 qui iuramento literam supportaverunt, quia Vasko literam increpavit.” “Symek ministerialis aquisivit iure XX marcas superVaskone de Premislia et induxit testes supereodem septimanis, quia debito,Stanko increpavitipsius litere asserens ipsamfalsam.” Ibid., 1571(January no. 1441):9, 422 ithad beenfelled. Afterwards hedecide had to whether piecethe fitted ornot. from place where to the piece of the againwood andre-apply visit estate Nicolas’ obliged to bailiff was decision, the court the According to prove his statement. to bailiff the ordered signum ostendit, quodexcidit,dum eundem Nicolaum cittavit summoning Nicolas bailiffto the court session producedbailiff confirmed the factof delivery the summons.the of his Insupportof recognizance, the ( contradictedbeforecourt, Slappa’s In statement. coursethe ofhis interrogation by judges,the the thethe courtcourt to responda of to letter summons the he hadneverinsisted received that lawsuit. He the of his ignorance piece to Sonka’s of escape judgmentby to referring to wanted wood Slappa Nicolas of cradle, the allegation. cords cutting off the ( However, from isin particularly 1453 revealing regard. this the court Slappa and Nicolas Stanymyr between of Sonka of dispute the Theevidence. legal record bailiff’s testimony,memorizematerial usedto objects and claims legalstrengthen or actions onwritten grounded given in to make reference example, for sources, The witnesses’ testimonies. to means restricted dependence. manifestation of this clearest the wasperhaps documents, in written the contained evidence helpers, testimonies whose were in widely used support court the vituperated writtento meant ashiftin preference from the written to the oral means of proof. The institution of oath- questioninginwritten theevidencein of framework resulted of altering the It dispute. proof assault. violent tothe made reference indeed inhe Theof summons his document the had possession. moment of the controversy. Itturned out that Krysowski wasmistaken concerning the content Ibid.: “ministerialis debet equitare ad Nicolaum et applicare signum ligneum excissum inillum locum, ubi Ibid., vol.14, 2804no. (April 21, 1453). Ibid., vol.13, no.1373 (December5, 1440): “Hryndebet supportare literam sex testibus om quatuor In general, it might be suggested that the kind of mistrust that was expressed in the Another important aspect of the interplay of textuality and orality in court was that the that was court in orality and textuality of interplay the of aspect important Another 422 But the repertoire of oral techniques of proof by noand repertoire of transmission proof Butthe was of oral techniques Ministerialis recognovit, quiacittavitNicolaumet 141 423 Blamed fordeath the of Sonka’s childby signum ) which he had cut off while ). In judges their the turn, 424 CEU eTD Collection to support writtento support documents. necessary anincessantfor demand oral testimonies legitimacy certain and generated degree of of mistrust proof,written uses the of vituperation the of wereendoweddocuments with involved culture of itnecessary. felt Within adjustmentevery oneof this parties time the 142 CEU eTD Collection 426 chancellary Cheof the recent valuablerecent study by Janusz 59-65. The short history of offormationthe officethe ofcaptaininmedieval Poland canbe foundthe inalso “Pocz G by Antoni article informative in the contained are captains of competence and appearance developmentand untilthe end of fourteenth the century) (Cracow, Valuable 1903). observations about the aswell. captains law of competence sentencesthe belongedthe to of and court’s province, andtheenforcement the of nobility the over jurisdiction the mandates, royal of execution and proclamation campaigns. defensethe nobility headof province,the andstandof atthe province’sthe military during They toorganize power investedbroad with were captains the governors, Asroyal competence. werebroad their for known were who Poland, Great also the of captains was it fourteenth-century the authorizedintoone of the most effective toolsin thehands of the kingsfor the control over provinces. In to levy fourteenth Kingdom the the Poland throughout of the ofcaptain century office transformed taxes and manage Great. the death of Casimir the onlyafter was established ofacaptain office the Little Poland the royal Wladislas In Poland reign during saidWenceslas the the Lokietek. of II andhis successor, estates.Wenceslas II (1291-1305). The office of instituted in firsta captain was regionthe Great of The justices), nor for thespecial reserved royal functions (these were crimes in theypolice competence prosecuting the enjoyed playedneither captains Polish Little century fourteenth a the In significant restricted. more much role in the jurisdiction persecutores.predonum atque forum over the localas captains the He characterized Czarnkow. nobility. Their Janko of chronicler Polish nicely bythefourteenth-century was captains, described study by Stanislaw Kutrzeba, 425 Poland beginningthe at century fourteenth the of thereign during P the of in justice medievalof inappeared of Kingdom captains late administration Poland. Royal the The officePoland of 5.1 Captainsthe and the system of governance in the Late Medieval Kingdom of royal captain (Polish - Stanislaw Kutrzeba, Foranoverview of the history of the office of the captainin the late medieval Poland consult the out-of-date ą tki s tki The gradual process of the centralization of the structures of power that took place in In contrast to Great Polish captains, the power of the captains in Little Poland was in Poland Little powerof the captains the GreatPolish captains, to In contrast Chapter 5 – Royal captains and the administration ofjustice administration the and captains – Royal 5 Chapter ą dów grodzkich w dów grodzkich 425 á This broad judicial and police authority, concentrated in the hands of the of hands in the concentrated authority, police and judicial broad This m castle court from the fourteenth to the eighteenthcentury), (Lublin: , 2004), esp. 33-40. Starostowie Starostowie, ichpocz Ğ redniowiecznej Polsce,” redniowiecznej , 41. à osowski, 426 Kancelaria grodzka che ą tek irozwój doko 143 starosta Czasopi defensores pacisdefensores ettranquilitateszelatores, ) representedthe key inelement the Ğ mo Prawno-Historyczne Ĕ ca XIV wiekuca XIV á mska do odXIV XVIII wieku (Captains,begininngs their 26,2 (1974): no. esp. Ĝ emyslid king, ą siorowski, (The CEU eTD Collection sources of revenue for the royal court and one of the main tools for governing the state. The state. the governing for tools main the of one and court royal the for revenue of sources became chief the of one estates royal mortgaging of institution the fifteenth century, the donation policy during the reign of the first two Jagellonian kings when during the first half of in changestheroyal increased tosome have important due seemsto influence The captains’ 5. 2. Captains and the royal donation policy inthe fifteenth-century competence in favor of institutionsthe of noble self-government. of sphere captain’s the the reduce to legislative attempts repeated were there hand, other the On authority. captains’ the of consolidation further the of signs evident discern can one hand, social each institutional andin clear whichstand processes to On other. opposition one the the nobility, not to confer the office of captain on foreigners. by from rulers the exerted kings’ the promise, mention repeatedly privileges centuries. The issued by kings the of Anjouthe and Jagiello throughoutdynasties fourteenth the andfifteenth the system of governance was also emphasized constantly in the privileges for the noble estate (Olsztyn, 1984), 136. Polskiego ksi townsmen, but also members to of the nobility. in villagersand only the judicial not relation power to broad possessedand executive captains the tasks because of these Kramer, According to land andcriminals. the robbers of for purging and ruthlessly ofviolence acts for prosecuting captains wereresponsible that out withinorder of theborders districtsthe and assignedtothem. provinces further He pointed and peace the anddefenders of guardians them as theprinciple fashion.similar Hepresented ina aboutroyal captains Kromerwrote still Martin centuries later Two king. presence of the captain was to be punished before the tounsheatheasword under whodared them,a person According to Great. the of Casimir the same penalty as for in Statutes the the well also reflected captains was of high position theking.The of person to the same offense committed in the captains.Byinvokingthe language the thecaptain’s it metaphor a bodily of stressed closeness of thehigh prestige clearly expressed documents, in office of contemporary captain royal the 427 of noblethe assemblies andcourts. jurisdiction by covered not were that matters judicial some of administration the to and castle role was mainly confined to the managment of the royal estate that pertained to their single Marcin Kromer, Marcin During the fifteenth century powerof the captains was framed bytwosignificant A special A special term, Ċ gi dwie Polska czyli opo (Poland, or the location, people, customs, offices and deeds of the Kingdom of Poland) Kingdom the of deeds and offices customs, people, location, the or (Poland, brachium regale brachium áRĪ eniu ludno (the royal arm), which was used to designate the Ğ ci, obyczajach,ci, urz 144 427 The significance of the office of captains in captains of office the of significance The Ċ dach i sprawachdach i publicznych Królewstwa CEU eTD Collection Jagie 431 Jan D finances: royal onthe III had Vladislas of policy the that effect devastating the discussed briefly also author The (Warsaw: Wydawnictwo Kasy Pomocy dlaosób pracuj :á 430 (Wroc Odbudowa domenykrólewskiej w 1504-1548Polsce 429 The Knightly Feud in Franconia, 1440-1567 rulers and the nobility latein medieval Germany: Hillay Zmora, by the study of Hillay Zmora, who pointed out the importance of the pledge practice in the relationships between the during late Middle Ages. tospread the Withregard pledges, of the acomparative beperspective can provided 428 predominance. facilitating the upwardmobility noblesof as well as growth the of magnates’ the political considerable change inthe distribution property of inand power late medieval Poland, hand,other investing loans in royal and receivinglandroyal in resultedreturn ina cash. with monarchy Polish the transactions, providing mortgage for ideal objects be belonging royal the appearedto domain estates to the revenues, decreasing expenses and increasing both experienced Polish the kings century in fifteenth money.the Because of amount aspecified for creditor of the management the under ascollateral mortgage of the wasbased mortgage institution of onan in the placed debtor agreement the object which captains’ became power visibleespecially duringthe reign of Wladislasthe Jagie As in case of the royal policy of the distribution mortgages, of the legislative regulation of the 5.3 Thecaptains’ competence and its legislative regulation them earlier. to mortgaged alreadyreward forloans for which oradded hadbeen amounts existing captainships the office asa the of theyhad obtained core thisthe either group; constituted Royal captains royalservice. their courtthrough to the by highconnected officialsextended people and only 25%. to hisfather,from amounted available which reign of documents the numbermortgage of issuedknown documents byKingWladislas III, which is especially notable compared tothe of nobility. Polishthe reward the services and to abroad campaigns for hiscontinuous cover expenses the needed to of royal estates was history was mortgagingof exactly royal domains. It his ruleduring short alargenumber that mortgaged, becoming the main source of capital which the young king Irena Su The history of the reign of Wladislas III in Hungary is presented in the detailed study of Jan D For a general overview of of Thepattern royalgovernment, mortgaging basedthe on of royalthebecameestates dominant all overEurope pledge policy in late medieval Poland, see Anna Sucheni-Grabowska, adys áá ą á onów browski, aw: Zak á aw I Jagie The reign Wladislas provides III(1434-1444) of aparticularly instriking case this á (Royal documents of the state of Anjou and of the first Jagiellonias), (Warsaw, 1977), 45, 72. kowska -Kurasiowa, 431 á The analysis of the king’s creditors demonstrates that most royal loans were loans royal most that demonstrates creditors king’s the of analysis The ad Narodowy Ossoliim. :á 429 adys ááRĔ á czyk naW aw I Jagie 430 Suffice it to say that mortgages comprised approximately 60% of all 60% of mortgages approximately comprised say that to it Suffice ááRĔ Dokumenty królewskiei ich funkcja w pa Ċ grzech (1440-1444) czyk Ĕ skich, 1967), 20-31. , 74,78. (Cambridge: Cambridge University Press, 1997), 42-61. (The rebuilding of the royaldomain Poland in in 1504-48) 145 ą cychpolu nanaukowem imenia Mianowskiego,1923). (Wladislas IJagie (Wladislas Stateand Nobility EarlyModern in Germany. Ĕ stwieAndagawenów i pierwszych ááRĔ czykHungary, in 1440-44), áá 428 o and his and o ą On the browski, CEU eTD Collection in 435 fifteenthcentury. See also J oflands kingdom the andgained significance throughout the kingdom during firstthe three decades of the circulation the of controlling property. and The courts, Little land Polishover model of captains’ bypresiding judicial community responsibilitynoble local ofthe was further life the to extendedregard to other in competence powerwas different from the oldermodel, existing in Great Poland. There, royal captains enjoyedestablished much broader for the first time inLittle Poland. According to him, this Little Polishversion of captain’s judicial emphasized thatthe criminal competence of captain, regulateda royal by paragraphs,fourcaptain’s the was 434 the the origin of fourcaptain’s paragraphs),the 19-22; Janusz Bardach, early modern period, see: Karol Koranyi, “W sprawie genezy czterech artyku czterech genezy “W sprawie Koranyi, Karol see: period, modern early paragraphs of the Warta Statutes in the development of Polishthe criminal system during the late medieval and justice that first belonged to justices ( gradual by appropriation Little Polish captains of responsibilities in thesphere of criminal of the process the reflected fourparagraphs captain’s the to reference the maintained that century. fourteenth as thelate early as starting of Poland Little sources of competence in be can form the fourcaptain’s captains the in of found paragraphs the policing the of formulation The practice. customary existing of basis the on norm statutory a as theparagraphs castle four promulgated Warta of Statutes law,medieval the forAs usul arson,violent houses, freeviolentmajorraids roads, - assaultsprivate on rape. and crimes 1420 and confirmed in then inWarta made captains1423, prosecuting responsiblefor four as listed which paragraphs, a codifiedwere norm firstfor time the privilege Cracow inthe of justiceby criminal These the four paragraphs.” “captain’s itpromulgating so-called the as 433 432 by landcourt. the inbe jail beensentenced putpreviously ifhenot to allowed nonoble established had was that They competence. legal concerned important, anew,norm listed captains’ the highly which Jedlno (1433).Furthermore, these privileges(1430) andCracow (1425), privileges of Brest captains. Polsih Little Polish Great and of in the competence the existing todiminish differences worked simultaneously. forbadeAnother paragraph asentence landwithout was addedtothis which one, from court. the the estates nobles’ confiscate right haveno to captains should that itsstipulates paragraphs One of same followers.indication The issued is earliest of process Czerwinskthis privilege the in1422. person to occupy the posts of the captain and of the land judge Conside, for instance, “statuta de libertatibus regnicolarum,” issued by Wladislas Jagie Antoni G See VL VL , vol. 1, 41.2. , vol. 1, 37.1. The Statute The Warta from of Statute 1423 codified the judicialpowerof in captains fieldthe of The political and legal advances of the noble estate were confirmed by following the wereconfirmed estate noble the of legal advances and The political VL , vol. 1, 34.2,“De , vol.1, causis quaesoliCapitanei judicare possunt.” For theimportance of fourthe ą siorowski,“Pocz 432 435 Historia pa This norm, which had an enduring effect on the Polish system of criminal à osowski, ą tki s tki Ĕ ą stwaprawa i Polskido po dów grodzkichw Kancelaria grodzka che Sprawozdania Towarzystwawe Naukowego Lwowie justiciarii, oprawcy 146 Ğ redniowiecznej Polsce,”67-9, 71,hasrecently strongly á á owy wieku XV mska ). , 36. 434 In this way the Statutes of Warta , 478. á ów ów staro 433 Some scholars have scholars Some Ğ cinskich” (Concerning cinskich” áá o in Jedlno in 1430, 9, no. 1(1931): 9,no. CEU eTD Collection 439 piotrkowskie”,69. Consult also J. including the paragraph on the captains were never used in practice. See A. G See A. practice. in used never were captains the on paragraph the including court register of the minor castle Kcyn,located inGreat Poland. This fact suggests that the provisions of the diet publisher, A. G 438 captain’s “unlawful”(in their words) the mode of against conduct. protest of voices raised noblemen some and of 1468 Diet the at debated was case the that reported case of the execution ofHistoryczne W holding the office of of captain. office the holding Nieszawa in1454.This privilege contained anprohibition against castellans and palatines in for nobleestate the issued in theprivilege of concern a matter was also of captains power nowokorczy 437 capitaneos non constituentur dignitarii.” 436 intentionsof merely representing program the of diminishing thepower of captains. declarations They were often practice. into implementation in their difficulties faced serious inwhichtimes different noble the at theappeared concerning captains’power, privileges of local nobility. the representatives and other notorious onlyafterpunish wrongdoers havingheldconsultations the palatine, with castellane capture and be to allowed would captains envisiged Dietof atthe 1468-9 that promulgated restrictions onthejudicial of and policing power captains.instance, For aprovision principle the as law Polish old in known generally was justice, judged before the king himself to deliver the final sentence at the first hearing. decree first atthe The sentence deliver final the kinghimselfto the judgedbefore in cases it unusual was even further specifies, as the text For, oftheking’s. to that court final one was, according tothe text of the royal decree, toequate the authority of the captain’s court. captain’s of the hearing first the case at a on adjudicating onecanfindaprohibition nobles’ grievances tothe decrees asaresponse toKingjurisdictionsAlexander.inAmidst amendmentsincluded and presented the the king’s which were of complaints, range of They justice. the speak inof exercise the encroachments captains’ advancedRoyal issued dietedicts, atthe heldinin Radom interesting insightsinto1505, offer the by theby written statute norms, the captainsnobility laid claims tothese fields of law by the force of custom. first time and which had notbeen regulated by statute law the before. for In theof absence legislators of regulation the of focus the into came which Great practice, judicial of aspects were it usual, Polandprivileges against and statutes the shed lightexcesses on some spheres of oflegal captains’ process misused by captains. As The example of this provisionof the Diet of 1468 canbe regarded as highly illuminating in this regard. As its The provisions Consult the textof of the confirmationthe of this privilegediet by King Jan Albertwere from 1496, in found and published by Antoni G VL, vol. 1, 137.2, “De primo termino iudicii Capitaneorum.” iudicii termino primo “De 1, 137.2, vol. While striving to setWhilerestraints striving on to jurisdiction, captains’ the provisions of the royal the 20, no. 2 (1968), esp. 74. It can be assumed that this provision was issued in connection with the Ĕ skie roku 1468” (Piotrków’s Nowy and Korczyn’s provisions from 1468), ą siorowski has noted the only preserved version of the legislation of this diet is available in the á odek of Domaborz by the general captain of Great Poland, Peter of Szamotu à osowski, 436 During next the decades the put nobility sought to further Kancelariagrodzka che 147 439 437 To consider the first hearing of a case as the It must be noted that various provisions á mska ą , 38. siorowski, “Uchwa neminem captivabimus ą siorowski, “Uchwa siorowski, Czasopi VL , vol.1, 114.2,“In á y piotrkowskie i Ğ 438 mo Prawno- á y. It is . The . á y CEU eTD Collection 442 casibus adquerelam dandis.” See Ibid., of tenure. possession peaceful a from expulsion the expulsionof a widow from the dotal property; adiscord betweenbrothers, unable to divide familial property; or Alexanderin 1506. Here the applicationof a summons subject of the royalregulationin the so-called “Consuetudines terrae Cracoviensis,” confirmed by King 444 443 441 introligationibus nonexcipiendo.” places. prohibitedStatutes captains from keeping theoldregisters of castleinthe courts private places, whichhadinappropriate beenwidely in practiced period. previous the of Jan Albert relatives. between remained undivided that property of transfers occasion of from the same on law.mentionsof the theundue levied by the Nieszawa captains TheStatutes payments year forbade in otherexamplesby misusesof Statutes of of Jan Albert Nieszawa captains’ 1496 relates the captains the of confirmation law. The the of justiceas abuses of administration thecaptains’ of aspects to hold sessions character. local of adistinctively bore the legislation, fifteenth-century in castle revision the of court in justice, whichbecamesubject that show also Radom many of features captains’ amendments a dower; and for the recent crimes committed within the time of one year toand two six types weeks.of cases Theonly – for the expulsion of women from property that they possessed as Piotrków Statutes of Jan Albert from 1493, see in 440 Bishop Cracow by the letters The order. social maintaining and crimes in policing negligence their againstdirected captain’sinefficiencycaptains, general justice, denouncingthe of law,frequentlyevidence voiced statute opinion, of addition sourcessupply the other to fifteenth-century.with jurisdiction intheIn sense widespread discontent captains’ the of records. register’s of the copies in increase for receiving price preservation the wasan such improper of consequence common equity,” made it quite difficult for nobles to get access to such registers. Another burdensome. summons excessive captains’ ( assistance captain’s andcalledforthe court in caseacaptain’s won the who litigants from required captains that marks of ten payments unlicensed the mentions also be introduced onto the estate party. losing of the estate the onto beintroduced Ibid., Ibid., 118.1, “De locis iudiciorum capitaneorum et quatuor articulis iudicandis.” Ibid., “De salario Capitaneorum ab intromissione.” The reprimand of this practice first appeared in the in appeared first practice of this reprimand The intromissione.” ab Capitaneorum “De salario Ibid., VL, VL, vol. 1, 137.2, “De citacionibus Capitaneorum ad querelam.” Summons querelam.” ad Capitaneorum citacionibus “De 137.2, 1, vol. vol. 1, 115.1, “De solariis capitaneorum a resignationibus fratrum indivisiorum.” fratrum a resignationibus capitaneorum solariis “De 115.1, 1, vol. 444 The amendments of the statute law explicitly tended to condemn these and other and these condemn to tended explicitly law statute the of amendments The This critical stance of the statute law provides one of the best glimpses into a broader best glimpsesinto of law the one provides statute of stance This critical the 127.2, “De servandis libris capitaneorum.” libris servandis “De 127.2, This custom, which was reproved as running “against all law, andjustice of Thiscustom,all which asrunning “against reasons was reproved 441 By his decree the king instituted the application of summons the of application the Byhisinstituted king decreethe ad querelam , which are described in the text as particularly in text the , whicharedescribed 148 Jus Polonicum, ad querelam vol.1, 149.1,“De literis perCapitaneostribus in 440 Yet another amendment concerned amendment another Yet 329, #XIX was reserved for three situations – an – situations three for wasreserved ad querelam , “De Solario capitanei ab brachium regale 442 Other Statutes also became the 443 ad querelam The same The ) to CEU eTD Collection state of state of security and order: kingdom. blamed andsuch adeplorable captains kinghimselffor theroyal Hedirectly the time of the crisis in the administration of justice, of which I wrote in the first chapter. asthe administered evidence justice, ofthe 1440sand another the 1450s period provides of badly for themainresponsibility charging them with royal governors, towards attitudes care for defending your Kingdom and your subjects.” little very Serenity took Your of officials “the and captains maintained that bishop Cracow constant pillaging of lands the kingdom,of the exercised by noblesfrom the Wladzyn, the Wladislas’ successor, Casimir dated Septemberon 1448. Informing IV, 27, king the the about Olepoint duke of Opole, and the family of Szafraniec, a powerful clan of Little Polish magnates. At this the Boleslas, between of enmity the account short bishop the gavea letter inhis Afterwards obey orders. their to and refused for authority captain’s exhibit contempt to hadstarted inferior noticing people, the dullness captains’ too, andnegligence inthejustice, exercise of into the perpetual perpetual the servitude.” into which imitated Bible:the like “your people, is cattle, pulled inthemost manner barbarous and Ole theinefficacy royal the of governors, such disorder spreadof the asaresultof injustices thatemerged and the of suffering people’s from heaven.” vindication for calls the of oppressed the of muchhasas and Kingdomsothe thecaptains clamor officials, parts overwhelmed all that KingWladislas “The III: abuses andevildoings ofthose,whom Serenity hadYour appointed 445 Ole Zbigniew 1442 from letters his of in one instance, For criticism. such of Zbigniew Ole Regni vestry et vestrorum subditorum.” 448 corrigere, quinimo sua dissimilatione hostes incitant,et animum illorum nutriunt ad audendum in dies maiora.” nobis inadvertentia, reliquit quaplures hostium invasiones, nulla defensione, nullarepressione curarunt 447 446 et clamoribus expostulent.” constituit capitaneos et rectores conviciis et maledictis quam plurimis obruant, vindictam, quae e caelo vocibus Ibid., no. LXVII, 73: “Et Capitanei atque officiales V. Serenitatis modicam curam adhibent pro defensione regni administratione pro s. v. quod eorum, maior multa sed ignominia, maior damnum, hoc “Magnum Ibid.: servitutem.” inperpetuam pellitur manu barbarorum pecus quasi vestra “gens Ibid.: Codex epistolaris saeculiXV, A similar negative judgment can be also found in Ole found also be can judgment negative A similar but much greater was much but laxity the greater whom Serenity inhadthose leftYour of the spirit of the enemies of the Kingdom. of enemies. Instead, by their dissemblance, they incite audacity and raise correcting any numerous ordefendingwrongs, land invasions the before care of take not justice.did They of administration the command of the Ğ nicki noted that this feud caused “great damage, and great dishonor” tothe damage,dishonor” great “great thisand that noted feudcaused nicki Ğ nicki from the 1440s are perhaps one of from areperhaps nicki piecesofevidence most of one the revealing 1440s the 446 vol.1, no.CXXI, 134:“…et eos, serenitasvestra quos illarum partium On the other hand, the Cracow bishop stressed that some 149 Ğ 447 nicki addressedthe further nicki inlanguage king 445 448 In order toenhance Inorder the description The prevalence of such critical Ğ nicki’s letter addressed to addressed letter nicki’s Ğ nicki wrote to wrote nicki CEU eTD Collection (Remarks about the administrationof justice Redin Rus’), umiej Powszechny czerwonoruskiego przed 1435” (Concerning administrationthe of justice inRed Rus’ 1435), before period before the introduction of the Polish law: W his discussionRomualdwith Hube the oncharacter of administrationthe of justice GalicianRus’in during the 450 6. captainin the fifteenth-century GalicianRus’ isalso examinedJ in PolishAcademy of Sciences, 2004), 88-93. The problem of emergencethe and functioning of the office of 1350-1600 Ruthenia, 1350-1600 Grenze /Ander des Lateinischen Europa. Integration und Segregation in Rotreußland, Development, and Social Impact,” in by Maciej Wilamowski, “MagnateTerritories RedinRuthenia inthe Fourteenthand Fifteenth Centuries. Origin, the fifteenth to eighteenth centuries), in centuries), eighteenth to fifteenth the Idem,“Zems’ki uriady ukrainskykhna zemliakhXV-XVIII st.”(The officesland Ukrainian ofthe lands during of the spread (The zemliakh” ukrainskykh na adminstrative-territorialPolish model Ukrainianthe ustroju in lands), administratyvno-terytorial’noho pol’skoho “Poshyrennia adminstrative divisionof Rus' andBelzvoievodaships in the fifteenthcentury), (Lviv, 1939); mentioning Przemys L’vivin Middle inthe Ages), (Lviv,1914).Among otherworks touching on the problem of captains, it isworth pallatini, castellani which from sources GalicianLatin fourteenth half as second the century of the defined lower-ranking forof group tothe generalcaptain example,the subordinate Rus’, officials of inheritedfrom features many timethe of Halych-Volynian the Principality. This concerned, following Hungarian rule.administrativethe in In introduced thatinnovation only the been period have to seems Rus’ of captain of general the time of office the system of administration structure still preserved of Galician Rus’ during the reign of Casimir the Great and the w wiekach in Galicia is based on the study by Ludwik Erlich, 449 in from periodthe 1351 to 1387were headed by such called units, administrative for governing traditional andwereresponsible the Romanovychi states, the of in institution fact, the represented, in as sources the Designated of the newly conquered lands of Galicia was in the hands of the general captain of Rus’. first mention of a royal captain of Galician Rus’. In the period of 1351 to 1372 the governance is In 1351 there the Great. of the Casimir time the early from as as in come captains Galicia bythePoles. of Galicia of conquest the effects in among Rus’ The appearanceof andmostfirst tangible royal captains was Galician the 5.4 Emergence of the office of captain in Galician Rus’ Ludwik Erlich, My overview of history the officeof the of captainduring the decadesfirst of andHungarianPolish the rule Ċ tno volost’ Ğ ci prawnych , ed. Thomas Wünsch and Andrzej Janeczek, (Warsaw: Institute of Archeology and Ethnology of the Ğ 6,vol.21 (1889):46-52. See Romualdalso: Hube,“Wyrok lwowski zroku 1421,” rednich (1350-1501) . L. Erlich has argued that most has. L.Erlich of districts arguedthat mentionedthe inGaliciandocuments Starostwa w Halickiem, á aw D , (Warsaw, 1888); Ksawery “KilkaLiske, uwag os or ą bkowski, burgrabii (The office of the starosta in Haly capitaneus terraeRussiae, Podzia OnFrontier the of IntegrationLatin Europe. andSegregation in Red Zapysky NTSh . It is possible to speculate whether these officials 28. Consult also the valuable observations by W observations valuable the also Consult 28. á administracyjny wojewódstwa ruskiego ibe voievoda, Starostwa w w Halickiem stosunku do starostwa Lwowskiego 150 228(1994):65-122. Consider also valuable suggestions 449 Kwartalnik historyczny The earliest traces of the existence of royal well-known from the time of Rurikids and á adys voievodas Problemy Slovianoznavstva à á þ or aw Margasz, “W sprawie s andits relations to the officeof the starosta osowski, capitaneus Russiae generalis , butnotby captains. Kancelaria grodzka che ą 2 (1888): 388-399. downictwie czerwonoruskim” á zkiego w zkiego XV w. á adys 42(1990): 24-32; Mykola Krykun, á aw Margasz in Margasz aw ą 450 downictwa á Biblioteka mska Przegl (The , the , , 40- ą d CEU eTD Collection often presented to the kings with the demand for special distinction in the form of benefits and benefits of form in the distinction special for demand the with kings the to presented often against Tatars to stress their own peculiar merits before the Crown. Theirmilitary service was Moreover, thecaptains of exploitedRus’ lands successfully theirinvolvementin defense the military merit-worthy incampaigns. the most asthe therewarding nobles regarded for king before the plead raids,captain could the Tatar of province the against borders made on the petition of the local captain. local the of petition the made on was endowment the mention that explicitly from Some royal donations king.the new estates role ofroyal was ingovernors also providingnobles crucial with in assistance their for quest 454 cases, see: Ibid., vol. 8, no. LXVII. given“ad peticionem Militis Domini Ottonis Capitanei terre Russiae,”Ibid., in vol. 2, no. II. Forother similar permissionsell to a property granted earlier or to royal replaceobtain one nobleto estate withwanted another.who a noble for indispensable was intervention captain’s The court. royal the with communication of a stablechannel capableof providing effective patron, confirmation. royal careofobtaining hadtotake then nobles: grantees the royal estates to togrant power the had policies. captains that shows Evidence their donation initiateout daring andcarry own to as far so went captains Some century. fifteenth the of beginning the and fourteenth the of half second the inRusduring common Galician toanother–apractice from nobles estate one transfer to mandates royal of implementation for the responsible were captains that noted it Toprovidefew can be of captains’competence, examples this government. aspect of the royal the of agents principal the as role in their all, of first reflected, is nobility local the relationships with the GalicianlandowningThe class. crucial in position captains of regard to gradually shrinking andcame tobe virtually limited L’vivto land. was Rus’ of captain general the of authority the towns Galician in captains of multiplication those towns on a permanent basis. It is highly important to note that as a result of the 451 in Haly appeared Sanok, of Following dissemination of of captain.of office the 1387, royal the conquest captains 453 452 Ibid., vol.5, no. CXXXI (September10, 1451). See, for instance, the donation charter Ibid., vol.2, no. XXXVII (June 1, 1410); ofIbid., vol. 9. no. XIIIKing (October31, 1404). Casimir the Great for Wac AGZ, v AGZ, In the years from In theyears1430 from 1351 to royal the in importance wereof captains particular The figure of The figure in a captain of out noblesstood eyesof the themostas powerful and After the renewal of Polish dominance in Galiciain 1387, one can observe the process ol. 1, no. VIII; Ibid., vol. 9, no. VI (January 4, 1397). 451 þ , and Przemysl. They were established and started functionto in wereestablished started , andPrzemysl.They 453 151 As a person entrusted with the defense of the á aw Go á uchowski saying that it was 452 The 454 CEU eTD Collection century. fourteenth of the half second the from started belonged Galicia whom to rulers, by the Galicia in installed been have could law” “Ruthenian this Poland, of Great model the imitated which captains, Galician the of competence political regimes new the the in period under following already theemerged fall of that the Haly practices and customs oflocal configurations specific be the it could Or 43. of Haly the majority of scholars have contended until now, the legal norms and institutions that survivedfrom the times difficulties in respect with the understanding of what did the term “Ruthenian law” really mean. Could it be, as of the captain’s jurisdiction inthe Galicia before 1430-1434, which resembed thatof Great Poland creates some 456 D. (1501-1506) well attested by well proceedings,attested evidenceof the held court captain’s the in during Sanok the andwar. taxes, justice, of fields administration, Poland, competence captains of the captains of broad in Great the Galcian Rus’ enjoyed the in castle inseparate courts Galicia usually Like andlocal landcaptains courts. the presided existed in Great Poland.existed inGreat functioning in jurisdiction before 1430sreveals the model the Galicia more similarity to that only model administrationinitialby captains. ofjustice possible of pattern The of captains’ as the later they accepted were generally Only century. fifteenth in early Littlethe Poland in known were asthey and paragraphs, captain’s four the courts castle institution of with the inwas notThe beginning directly captains’ however, jurisdiction the of Galicia, connected 1420s-1430s 5.5 Iudicium terrestre in Sanok: Captains, nobility, and local justice in the districts. perished in fights against the Tatars. See in Tatars. the against fights in perished the merits of particular the Chodecki in familystressed in therequest The defence of the Rus’ captainship. lands. L’viv The of the document mentions possession the Stanislas’ in Chodecki ancestorsStanislas who leaving for 455 turn, were divided into districts ( their communication with kings. leaders by in wasself-fashioned image captains the grants. This military of borderland the called “lands” ( called units, administrative-territorial four into sub-divided was itself palatinate The in L’viv. center 1430-1434 was withits Rus’became Galician that main Rus’ the palatinate, administrative of privileges the of corollary important Another nobility. Polish the of rights and privileges thecorporate landowningeliteobtained Ruthenian the issuedin1430-1434, legislative acts ofroyal series the of above, asaconsequence noted As in region. the captain officeof the Antoni G See,example, request for the of SigismundPrince from January pleading21, 1503, before Alexander King þ -Volynian Principality? This point of view is summurized in J This similarity in the captain’s jurisdiction between Great Poland and Galician Rus’ is Rus’ Galician and Poland Great between jurisdiction captain’s inthe similarity This Institutional in reforms markedGalicia 1430-1434 anew in stage developmentthe of ą siorowski, “Pocz , ed.Fryderyk Papée (Cracow, 1927), no. 144, pp. 225-226. ziemie ) with their centers in L’viv, Haly L’viv, in centers their with ) 456 ą tki s Similar to late fourteenth century Great Poland, there were no were there Poland, Great century fourteenth late Similar to ą dów grodzkichw 455 powiaty Akta Aleksandra, królapolskiego, Wielkiego ksi ). Captains wereup ineach ofthe landsand set ). Captains 152 Ğ redniowiecznej Polsce,” 69, footnote 57. The existence þ -Volynianpolity? Similarto the case of the þ , Przemysl, and Sanok. The lands, in lands, The Sanok. and Przemysl, , à osowski, Kancelariagrodzka che Ċ cia Litewskiego i t. á mska , CEU eTD Collection compared to the land court. Consult his “Pocz his Consult court. land the to compared consultation with nobles, frequently employedby captains, was a proof of the inferiority of the captain’s court1424). Itseems A.G that (“procedendum in causam coram terrigenis iudicialiter proponendo”). See: proponendo”). iudicialiter terrigenis coram causam in (“procedendum nobles” native ofthe assistance the with law to according case this in proceed “to necessity of the reason the Hedwig, wifethe ofFrederick of Jacimierz in1424.According tothe captain’s writ, trial the was postponed for 459 not mentioned by Janusz for the rights: repressions of 1426-1427 and dietsthe of 1439), równouprawnienie: represje lat1426-1427 i sejmiki roku1439” (From the history struggleof the of Rus’ nobles reformabanturet agebantur.” Quoted from Janusz Kurtyka,“Z dziejów walki szlachty ruskiej o subiudex terrestres nonfuerunt interra Chelmensi instituti sed omnes reformaciones coram capitaneis Che in established been yet 1417, the judges specifically timenoted thatatthe of document’s the issue landthe judge vice-judgeand had not court from 1465. Giving apositive assessment of the legal validity of the local captain’s document, dated by can be detected in some other lands of Galician Rus’ too. Consider, for example, the record of the Che the of record the example, for Consider, too. Rus’ ofGalician lands other some in be detected can Linnichenko, Vą 457 Scibor of Ogl captain, Sanok the of title The community. noble local the of members all over jurisdiction head which1420s. Theland asthehad evidenceshowsthe Sanokcaptain court, of the 458 captain presided. Itwas usually referred to in the register as Ruthenicalis eratmoris inscriptiones coramcapitaneisprofacere causis quibuscumque captain: of presence in the records judicial all make and cases all bring to it custom was the in “the law” Itsays time of Ruthenian that the captains. power Sanok of the 10, 1442,has been especially frequently invoked by scholars toillustrate this dimension of the from register of March court Sanok the weresettled. record The landmade disputes andnoble in was Sanok onlyintitutionalthe site where every possibleland kind of was transactions factinthe of on that intervene wasgrounded court captain’s nobles relations the property the local property of disputes noblesandcontrol circulation the to theirof property. Their right the royal governors of Great Poland, the captains of Sanokland held the authority settleto the himself calls captain The well. the consideration and approval of nobles.the consideration the and approval of that captains themselves were unable toproceed further with cases without submitting them to sessioncourt while for the prorogating nextsession. cases the Some suggests clearly evidence consultingnobles while makingajudgment stressed or the deficiency noblemenof during the need the to Itemphasized moment engagement. of to the communal referred constantly phrasing of legal involved in procedures proceedings. Thelanguage court the theyinvoked ideahighlight in the ofland judgment. process of The representation samethe holds for the downictwa czerwonoruskiego,“ 41;Mykhaylo Hrushevs’kyj, See, for example, the case of the prosecution, initiated by the Sanok captain Janusz of Kobyliany against of Kobyliany Janusz captain Sanok the by initiated prosecution, the of case the example, for See, Ibid., vol. 11, no. 1445. For commentaries on this passage, see W AGZ , vol. 7, no. XXIII. no. 7, vol. , Another resemblance is revealed by the same name of the court, over which the Sanok Cherty iz istorii Ċ dów, foundfrom illustrates this inthedocument1402, dów, position of captains à ą osowski in his study of the Che siorowskisuggesting isnotcorrect practice in that the casesof sending forfurther á m land, but all legal cases and records were put before the captains: “iudex et “iudex captains: the before put were records and cases legal but all m land, , 17. It is interesting that traces of this Great Polish model of the captain’s power iudex iuris provincialis terrigenarumiudex iurisprovincialis supremus ą tki s tki ą dów grodzkich w grodzkich dów 153 á 459 m castle chancellary. Furthermore, according therecord’s to Furthermore, Roczniki historyczne Roczniki Istorija Ukrainy-Rusy Ğ redniowiecznej Polsce,” 70. Polsce,” redniowiecznej iudicium terrestre AGZ á adys , vol.85 (August , 11, no.9, 66 (2000), 66 84. This record is á aw Margasz, „W sprawie , vol.5, 311-312;Ivan , thus tending to tending thus , . tempore iuris tempore 457 Similar to Similar . á 458 m land m CEU eTD Collection that of that XXVII (August 5,1424); XLVno. (July 1425);7, no. LI (August 25, 1425); no. LIII (September 13,1425), and 461 1427). decreverint” terrigene quidquid Fredericus, dictus tenebitur solvere emendam Ibid., no. 227(August 23, 1427); “Etquod siconstituere doctos Fredericus homines non neglexerit, extunc 24, 1428); “Eodem die coram terrigenis nobilibus protunc presentibus litera Regie Maiestatis perlecta…” in of the different lands of the kingdom. elites power the members of the between links re-affirm create or used to also were kingdom, of The proceedings L’viv by the when Sanokcourts, and highdignitaries of attended the the land. the of community political whole of unity the of manifestation a solemn into evolved they of participants, the high status multiplicity and the Dueto attended. well were especially sessions court sons. Some their effect on andeducational socializing important having an CCCXXIV (February 1444);3, CCCXXXno. (February 26, 1444); no. CCCXCI (October20, 1444). seeCXLVIII Ibid.,no. (November1442);7, no.CCI (March15,1443); no.CCCXX (January 1444); no. 28, Szamotulski, Senko of Sennow, andJan of Knyhynychi. See: Ibid., vol. 14, no. XXII. For other similar evidence magnifici other some and bishop, Catholic Przemysl the captain, Sanok the mentioned were there them, Among scribe. 462 11, no.26(February “Idcirco 15, 1424); nos iudexet diffinimusiudicaliter terrigene 460 sessionssons tothecourt too. their brought regularly Boyska, of Mathias like them, of some that interesting is It land. the of families mostmembers and respectable powerful of the Smolicki were andPeter Pobyedna, proceedingslike in1420s, SigismundClimaszko Mathias of Boyska, of andPaul of Srogow, in court Sanok frequently the as assessors calledmost nobles whowere the that coincidence is perhapsno public It function. proceedings aprestigious wasconsidered in court participation For others, litigants. session as court particular that were attending they because process of delivering Some verdicts. noblesfound themselvesin group the of assessors simply in the participated actively and asassessors sessions court the attended justice, administering in captain the assist to came regularly nobles local that show They court. captain’s in the figured assessors nobility, as local who the of number large of representatives comparatively support relied that court proceedingsthe in of evidence suggests court Sanok itsthe onthe functioning andbe sharpened further byexaminingthe composition court of captain’s the in court The Sanok. collaborationin namethe cases delivered. wereheardandwhose sentences the formulas, it waswith the captain or his deputy acting together with the body of thelocal nobles present, political communities. The court records note a but also the Cracow castellan and governorpresent atthe court proceedings from September5, 1440,includes not only L’vivthe captain Rafael of of Tarnow, the kingdom, Jan of Czy 463 See forinstance the mention of filius“Petrus Mathiaschde Boyska” Ibid., in no. XXII(July 1, 1424); no. The session, dated on June 5, 1428, was attended by fifteenth men, whose names were written down by the Sanocenses” terrigene et significamus Sanocensis Capitaneus “Nos Ianussius instance: for See The evidence of the L’viv court proceedings is especially telling in this regard. For example, the list of men, list the example, For regard. this in telling especially is proceedings court L’viv the of evidence The Bal filius Mathiasch The implications of communal justicein captain’s the Sanok castlein can 1420-1430 and strenui nobles of the Sanok land. See: Ibid., no. LXXXIX. inIbid., XXXIIIno. (October14, 1424); no. LXXI (Agust 23, 1427). 461 They perhaps regarded attendance at the court hearings as court atthe attendance regarded They perhaps 463 154 Ī ow, and three other castellans – Vincent 460 in Ibid., 208no. (January 25, … ” in Ibid.,in 244(Janaury no. in Ibid., vol. Ibid., in 462 CEU eTD Collection captains delegated to the land judges specifically the power to try to cases. try some power castle the landjudgesspecifically tothe delegated captains the that information offers Some evidence time. to time from proceedings court castle the actually at landcourt suggest thethat judgespresided ofthe seem to Thegovernment. records of noble local is,self- the majorand representatives heads that land the the of court vice-judge land, ofthe by judgeand attended the regularly wasthatthey were proceedings 465 11,vol. no. XVI (May 27, 1424), and Peter, the advocate ofSanok inIbid., no.LXVII (February 22, 1427). castle. Other nobles were also occasionally called to serve as vice-captain, like Sigismund of Srogow in Ibid., 464 general, the lower-ranking officials of the Sanok and L’viv courts seem to have been endowed locumtenentes nobles land usually chosenfrom as influential the werenamedinof the and therecords they court, were Sanok the to sessions. Similar two for oneor elected captain of deputies the also were there however, vice-captains, the of office tothe basis. Parallel a permanent on their duties out carried thecaptain, who of authority to the subject 1440swereofficers the in court L’vivcastle vice-captains of of the 1420s,the the Sanokthe court castlecontrast to the role justice captain’s local of the noble community regardedasindispensable. In was in adopted elements of andinstitutional somedespite administration the newprocedures that castle suggests L’viv of the court from proceedings of court 1440s.The evidence the the starting from L’viv land headed a come of by captain first court a castle records sequence, the chronological In of Rus’palatinate. the courts castle captains’ later the of functioning with the captain. communal obligation absent. captain was the rather than to be from were elected mostexperienced group the of and for noblemen times when the esteemed an officer employed captain of the in 1420s.Deputies vice-captain office of wasnopermanent there that instance, in the permanent durationservice of the court personal.of Local noblemen were able to take responsibility changing the and beingof an offices officer just court for of the instability the by one accompanied was justice of administration or two sessions. The evidence of the Sanok court demonstrates, for Hrumpno pro eo, quia veluti tibi dederamus Iudicem dom. Stiborium terrestrem et alios quam plures dominos.”Odrowansch de Sprowa Palatino et capitaneo Terre Russie generali attemptabat terminum contra nob. Petrum de 466 (May 23, 1444); CCCLXXVIIno. (September 18,1444). Siennow, castellanthe ofIbid., Lviv in CCXLV no. (July 1443),Peter Romanowski29, Ibid., in no.CCCLIV CCXIX (Mayvol.14, no. Nicolas 1443), Gologorski3, CCXXVIIbid., no.in (May Senko1443), 19, of In 1443-44 Inas Clymashko of Pobyedna is the most frequently mentioned as fulfilling the duty of vice-captainof the Sanok Ibid., vol.14, no.3100(April30, 1454):“Nobil. Iaroslaus procurator amagnifico domino Andree It is of some interest to compare the model of the Sanok in captain’s the oflocal communities of representatives the The importance of captain. of the locumtenenti 464 of the captain, Peter of Sprowa, are mentioned: Andreas Malechowski in Ibid., Thus, being vice-captainthe meant tofulfill a kindof provisional 465 Another feature remarkable in feature Another court remarkable L’viv castle the 155 iudicium terrestre iudicium of 1420s of 466 In CEU eTD Collection instance, the pledge the wasoften instance, added asone of terms by the theparties wereboundwhich to pledge the law instrumentmanifested invariousas of enforcementan For the was ways. usageof broad The sentence. of court’s the implementation secure the to employed frequently pledge the was Second, a penalty. with them of bythreatening imposition the between parties relationships inimical pacify to aimed pledge the all, of First justice. royal of administration of character community-oriented the jurisdiction. on perspective captains’ the issued by a palatineboth and court judge, Ibid., no. 233 (September27, 1427). no. 55(June 3, 1424); documents issued by palatine a alone,Ibid., no.96. (sub September2, 1424); documents by vice-captainthe - alone Ibid., no. 144 (July 1425);7, documents issued by a court judge alone –Ibid., vol.XI, 1424); no. 110 (December1424);9, no. 191 (March 12,1426); no.215 (February 1427);22, documents issued captainand court judge,Ibid.,vol. 3011, no. (February 1424); no. 8412, (July 1424); no.8829, (August 12, 467 names. promulgateissue butalso theirbeen verdicts, to notonly intheirown able to documents own like to havesubordinate judge, captain known the court the are andvice-captain, to palatine, with quite a broad autonomy in trying cases. For instance, the officials of the Sanok court regulation as the pledge of peace ( of pledge as the regulation Thewideto regulateand violence disputes. of usageof instruments conflict settle such legal means mitigating, of preventing, and atcompromise arriving in prosecution over their efforts the to justice given captain’s of administration preferenceinthe for the All theseaccount ininstitutions which rooted were communal traditions andcustoms of exercisethe justice. of and mechanisms judicial on broadly relied captains mentioned, already been has As 5.6 Intruments of conflict regulations: Pledges ofpeace government of local nobility. seen land andlocal the as communities, represent self-institution called the court, to captain’s seen castle court, purely the judicial of as channel by control royal authority over community representation and approval. Furthermore, there was no strict division between the alsodepended captain’sjustice. the though empowerment suggeststhat and Itoperated captain’s the of administration the in noblemen local of involvement collective considerable exclusive will and empowerment of the person of the captain. The composition suggests the upon proceedings dependent aspurely undermine court captain’s imageof the the to tends assessors court of of composition the evidence The nobility. local and captain the between relationships of the picture the complicate to seems examination, more nuanced under a In the Sanok court register from the second half of the 1420s one can find documents issued by both the vice- 467 In regard to the pledge of peace, it fulfilled several significant tasks in fulfilledit pledgetasks In regardtothe several significantthe peace, of In general, evidencefrom of the courtregisters the L’vivif andSanokcastles, put They seemed to be able to do this without consulting the captain. vadium ) and sureties ( 156 fideiussoria ) provide animportant CEU eTD Collection legal instrument in the hands of the royal power for law enforcement. butshort revealing rhetorical formulas, which the highlights role of pledgethe asan important tocontain found letters of sometimes pledge Hence, law are justice. sphere the the and of in upon toroyal related as anideology andsignificant topics to reflect propaganda occasion chancellery bythe royal taken consciously ofsometimes pledge was issueletter the the of that from its usage as an element of the royal ideology of justice and government. It is noteworthy the network of local gossip about the noble enmity in order to set up pledges network the local in to of nobleenmity between gossipaboutthe order the exploit somewereableto captains pledge it useof the In through cases to settletry of peace. another. because of insecurity experienced opponent actions the and byone embarrassment of of situation the mirrored often Such letters enmity.the into involved parties by of the one pledge.it Thus,was common letters that of pledge wereissued in pleas to response submitted noblemen themselves often sought to address the king or captain with application from of couldinitiativepledges also a the arise of litigants the as well.Rival request to impose the the hand, other the On captains. freeof the command at wascompletely conflicts noble mightthink ofthe necessity such Thepledges. of means useofthe asa pledge of preventing litigants the what regardless of establishbetween the pledge parties to wereentitled captains help resolve by disputes law,means of not but through usethe ofviolence. Therefore, which usually led to the imposition of a pledge. Asmentioned above, the pledge was meant to destructionem quorundam machinari” in Ibid., vol.17, no. 1801 (June 11, 1482). comprimunturcoram nobis exposuerunt, velle intollerabilibus graviminibus et iniurias turbari in mortemque et Odrow 470 contumacies…” fecerat inobediencia quoniam dareturoccasio ceteris proterviendi, sed ut pena rebelles minibus imperancium substernet, quod ipsa 2858Ibid., no. (June 7, 1496): “vanum esset condere, iura in nisietc., sit,quiaea tueaturet debite execucioni demandet, wrongdoers, by the law the of disobedience the and impertinence of the condemnation the enforcement, 469 468 courtdecision the enforcing was considered one ofthe majorlegal tools on which the assistance of the Thus the institution the pledge the of estate. paid winneraccess inthe case of to denying the secured by of imposition pledge.the the terms By of pledge,the fine the the havewould been be also losing could party of estate the the onto Introduction judgment. captain’s the accept See,for example, the words of the letter of pledge, imposed on the Rus’ palatine and the Sambor captain, Jan law the as issues such addressed which of pledge, letter of the preamble the example, for Consider, See, forexample, Ibid., vol.17, no. 2634 (September19, 1494). ąĪ The importance of the pledge of peace in the royal judicial system can also be inferred be also can system judicial royal in the peace of pledge the of importance The Many channels were open royalto the tointervenegovernment inanobleenmity and It isimportant toemphasizeitwas litigation that pursuedby partiesthe in court the , in response to the complaint of the community of the townof Sambir: “quibus ab eodem 470 was foundedwas andoperated. 157 468 469 brachium regale in CEU eTD Collection litigants was, the higher was the value of the pledge. established andthesocial pledge litigants.position the of Themore notable status of the the of size the between identifiable also is A correlation minority. small a comprised marks thousand one above or to equal those and marks, hundred one below correspondingly those Pledges group. markshundreds of lowest andhighest mostthe werethe numerous values, 1495 confirms this observation. The data shows clearly that the pledge fines from one to three 1440to of for duringperiod the L’vivcaptains pledges the collect sizeof the ableto about value of such pecuniary fines was usually set above one hundred marks. The data which I was usually took the form of a pecuniary fine. Starting from the middle of the fifteenth century the effective the work of the captain’s administration was in terms of in of was time span. terms administration captain’s work of the the effective how establish isitto possible registers in inserted court the were letters types of two these litigant under By delivery in the areavailable dates comparing the which registers. to the its of recognizance bailiff’s as wellthe of letter pledge the captain’s the cases both rare such delivery. In of a fact the registers testifyingto court the into special put recognizance in somebailiffs says registers Records to hand that parties. conflicting court the suchletters imposition. pledge’s beof the unaware to pretended manymention nobles,pledgerespond for summoned in abreachofthe to that peace, court legality of summoning the potential offender of royal peace to the court. Some letters of residencesto the of usually conflictingthe avoid Thiswas parties. done to with problems the rivals. both mostencompassed its sanctions havebeen,of might of pledge letters issue of the pledge. establishing the in reaction resultand immediate captain’s the provoke middle might of the a hearing had took on place estateher of Liatske in Ibid., no. 2785. (January 1499).25, 15, no.2780(January thebailiff’sand 15, 1499), recognizance of theletter over saidhanding Annathat to the vol. Ibid., in Liatske village ofthe tenant the Anna, and Senyawa of Rafael between pledge of the establishment the announced of Bobolicze Creza Nicolas captain L’viv the which by letter ofthe dates the Compare 474 vestram dirigimus de ne contrario ignoranciam pretendatis aliqualem” in Ibid., vol.17, no. 1485 (June 22, 1478). 473 se extendebant.” super Lahodow et paulum de Pyeczychosty, quicoram nobis stantes personaliter verbis obrobriis et contumeliosis 472 informati…” fueramus relacione veridica “Certorum basisthe of information, the related to himby people.certain See vol.Ibid., 15,1610 no. (September27, 1482): Stenyatyn Clychnaand of Brzosdowicze other, onthe was imposed by L’vivthe captain,Spithko of Jaroslaw on 471 parties. Inone case it took tendays from thetime the letter of pledge was issued to its delivery to the litigant. See, forexample, an explicit statement in one of the letters of pledge:“Quod quidem vadium in domum vol. Ibid., 15, 2258 no. (November17,1492): “Vallavit vadium ducentarum marc. inter nob.Petrumde of Jan and side, one the on ofBrzosdowicze Katherine and Senyawski Jan between pledge the example, For 471 The sanction, for which rivals were liable in case of a breach of the pledge of peace, It was also the custom of royal officials to arrange for delivery of the letter of pledge In situations,other aquarrel between erupted that litigants the in in courtroom the 472 However, whatever the channels or circumstances involved in the in involved circumstances or channels the whatever However, 158 473 It was the duty of the court bailiffs to 474 CEU eTD Collection rapid increaserapid in sizeofin the after the1430sand occurred pledges decades 1440s. it sum Sanok captains the inthe 1420srarely seemsexceeded marks.the of Hence, that sixty whether the situation was the same in the pledge’s of size the stablefrom Onemay fifteenth remained middle the century. the doubt first half of the century: the pledges of hisapply L’vivpeer.Thispattern than evenmore consistently preferred to high securedpledges the by the eightto hundreds marks. This stands for short one comment. Apparently Jacob Koniecpoleof L’vivthe figures captain, the of Przemysl the captain’s in are higherpledges the group fourof pledgesbelow onehundredmarks invalue to2,4%. amounted Compared tothe pledges of amounted to36,6%, pledgesbetween and to48,8%, amounted hundredsmarks three one 7,3% marks of constituted number total betweenfourthe andeighthundreds of 41, pledges Pledges marks thousandone valuedat andmore similarpicture. Koniecpole giveaquite approximately of samethe period theof sizeissued figures the time, of pledges byJacob of of pledges Comparedthe L’vivthe with Rafael Jaroslaw, whichcover captain, of 41 in local of 1479, of of register the his letters wererecorded the pledge castle court. between and For the period 1469 Koniecpole. of Jacob captain, pledgethe of Przemysl the favor pledges highof sums. Ican confirm this observation with one example of the politics of 1481-1495 5) Spytko of Jaroslaw, 1466-1476 Rafael Jaroslaw, 4) of 1451-1456 3) Andreas of Sprowa, 1443-1450 Peter of Sprowa, 2) 1440-1442of Tarnów, andSpytek Rafael 1) Captains Similarly to the L’viv captains, the royal governors of other Rus’ lands also tended to tended also lands Rus’ other of governors royal the captains, L’viv the to Similarly 2( 76) 43 12 (17,6%) 32 6 (11,5%) 2 9 2 4 (11,1%) (50%) (22,2%) 1 (8,3%) 1 (20%) marks Below 100 (63,2%) (61,5%) 1 2 (8,3%)) 7 (16,7%) (58,3%) 4 (80%) marks 100-300 159 1,% 4(,% 1(,% 68 8 1 4 (11,8%) (1,5%) (5,9%) 52 8 2 4 (15,4%) (3,8%) (7,7%) marks 400-600 more 1000 and (11,1%) Unknown 56) 18 1 (5,6%) 83) 12 1 (8,3%) 5 Total CEU eTD Collection settlement of his dispute. his of settlement addresseethe wasprohibited from moving his from place of residence until final the tamen ex superhabundanti, si ille ob favorem partes negligentem se exhibuerit Siceritati Tue commitimus…”Stanislao de Pilcza Capitaneo nostro Grodeczens. Identidem aliis nostris litteris, faciendum commiserimus, his support to one of conflicting parties,the Ibid., vol. in 17, no.4235 (March 20, 1506):“Et quamvis gsi. Stanislas of Chodczawith his shared fear king that the the time, Horodok same the At captain ofPilcza. mightStanislas be reluctantcaptain, Horodok the to to carrydelivered been outhad the royalmandate order, because of Chuniv, in advocate the Vilga, Prandotha between pledge a impose to captain L’viv the ordered king the from mandate By his the one side,478 deficientibusand sub captivitate ipsius, uxoris et liberorum.”Jan and Felix477 of Opporow476 marc.” sexaginta from themihi eovadio quia nonculumest decens vadium nec Capitaneusipse doms. posuit vallare tantumvadium solum other. qua moraturin dictusPaulus, quod vadium Paulussuscipere copias solumnoluit eiusdemThe recepitdicens: terge king mentions475 that a similar captains was to two it also duplicateimposition and deliver order the of needpledge to of one parties. favor the to from intention the fact in stemmed negligence captain’s suspect the that to had also the king reason suggeststhat letter mandates.royal Thisroyal was given in one suchtwo captainsaddressedin simultaneously. negligence captain’s establishing to pledges The royal letter was between parties impose thepledge to order king’s the occasions rare On a pledge. as the main reasonhelp interveneand peacewith of inthe conflict secure him to the captain,sent tothe ordering behind the repeated character his extended andchildren wife to as well. of the be andthatthis penalty then to estate byimprisonment penalty forbehe wouldwas the liable one of the litigants. This record of the pledge specifies that in case the addressee possessed no valued sixty marks.” this is of unjust secure lordthe captain pledgesto with fines,high such but only that those inhighly dishonorable and “clean myrude words: (scour) buttocks with because letter, this bailiff alsomentioned that Pomyanowski had expressed his contempt of the captain’s pledge marks.fact Inthecourttorecord wasbroughttothe testimony of which denial, court the denied the captain’s itthat was unfairly high.instance,in For 1504, Paul Pomyanowski, anoble of land Przemysl right to impose them by bailiffs,arguing deliveredto accept pledge, captain’s the noblemen to refused openly a pledges on the grounds that it was higher than sixty Consider, for example, the royal mandate, sent by King Alexander to the Ibid., vol.13, no.5550 (October 8, 1464):“sub L’vivipso vadio debet facere sub ipsius bonis, sique haberet etillis captain Stanislas of Chodecz. Ibid., no. 3244 (January 27 1500). Ibid., vol. 3481(April10,17, no. “…et 1504): PaulumPomyanowsky tricentarum marc.domumet in curiam Additional sanctions are rarely found in the letters of pledges. In one letter of pledge The king’s direct involvement in pledge imposition usually took the form of a mandate a of form the took usually imposition in pledge involvement direct king’s The manySuch high values nobles. complaints of gaverise pledges from Some to 475 476 Another pledge contained the threat to confiscate the property of property the confiscate to threat the contained pledge Another 477 160 478 The CEU eTD Collection Jan Wysocki. provide example issued of one just of The pledgesSprowa aletter bythevice-captain Peter of visible. hardly still was vice-captains of involvement the century, fifteenth the of middle the one can judge onthe basis availableof the of letters pledgesfrom L’vivthe captainships of If nameinissuedvice-captains. of were ofthe which letters pledge innumberof increase the important figures in the processorder in 15% (6cases). of pledge imposition. Koniecpole royal the Jacob mention up bythe of thepledgesset where Przemysl captainship, This is The king’s intervention in captains’ politics the clearly of pledge imposition was more apparentin the attested and Jaroslawinissuedby (1466-1476), of 4outof 68 pledges (1481-1495). Jaroslaw Spytko to by a rapid in(1451-1456), in appear only issued by one Andreas case, other one Sprowa by of Rafael of pledgesfrom L’vivthe captainship. Pledges, inwhich royalthe command wasmentioned, the captains’ letters insignificant.rather This isimplied by randomthe references tothe royal mandates foundin of pledge. king’s role in regulation noble of bymeans the enmities have appearspledges of to been To confirm this observation, I will turn again to the data of 479 securing pledges. the for responsibility took who Lysakowski exclusively was it years some In Jaroslaw. of Rafael of 1466 to1481,which 53,9%amounted to pledgesof all imposedduring captainship the of Rafael of Jaroslaw. Lysakowski figures as responsible for the issue of 28 pledges in the period vice-captain of is the Lysakowski, in of Pelka regard this standsasexceptional case which The very secure pledges actively. totheir deputies delegate power to the to started captains underwent radical change of captainships the Rafael andSpytkoJaroslaw.during These cases. inhavetwo only pledges areknown imposed to vice-captains by letters inexplained of king’s the of one longabsence the captains. the 481 480 Zydaczouiensis.” Capitanei Sandomiriensis et capitatei Russie generalis., in absencia vero mfi Felicis de Panyowo Castelanii Leopoliensis et vice-captains.imposed by two these which amount to 36,8% in of Lysakowski, still 25pledges, pledges. showed extensive engagement establishment the of all the pledgesChodowanice of Spytko of Jaroslaw, are known and to have beenPeter of Zwartow, although unable to match the activity of Pelka 482 Leopoliensi Ibid., vol.15, no. 1951 (June 15, 1488): Vincent Chochlowski inIbid., no. 2534 (January 1, 1452)and Barthosius, Ibid., vol.14, 2090no. (June 14,1448). In 1471, for instance, all 9 known pledges were imposed in the name of the vice-captain. ofthe name the in imposed were pledges 9known all instance, for 1471, In During the second half of the fifteenth century increasingly became vice-captains fifteenth Duringthe century the secondhalf the of in Ibid., no. 2965 (November 15, 1453). 15, (November 2965 no. Ibid., in 480 The same holds true in case of Peter’s successor Andreas of Sprowa. His 482 The vice-captains of Spytko of Maldrzyk of of Thevice-captainsof Jaroslaw,Spytko Stanislaus “Ad mandatum mfi. Dom. Spithkonis de Iaroslaw Palatini Iaroslaw de Spithkonis Dom. mfi. mandatum “Ad 161 481 burgrabius castri superiori However, this picture 479 In general, the CEU eTD Collection payment of paymentof penalty the imposed by sureties. presenting was of inA man in usually detention. jailifhewasunabletosecure convicted court put penalty tothe tasks,mostly whichwererelated important fulfilled several sureties prosecution criminal regardto With its terms. inviolability of guarantee the sureties to secured bydrawing be to had Galicia medieval late in deal legal major every rule a As practices. legal of variety of character law in institution of the in byitsmedieval sureties a demonstrating usage great show justice universal of than Thelegalrecords the that sureties. community in administering captains and interaction between displayed close institution better the noPerhaps other 5.7 Instruments of conflict regulation: Surety justice. perspective of captains’ the andcommunity-oriented consensual more the reveal once imposition pledge’s legal involved inthe of actions collective chosen by the captain backto up theforce of the pledge. Though only occasional,these traces weresometimes Sureties sureties. mention the is necessary itto further, pledge politics of witnessed the imposition.pledge’s samethe manner, of JacobofKoniecpole’s letter July named8, 1471, six noblemenwho had establishment of the pledge between Jan of Jacimierz and Nicolas, advocate of Horodok. the nobles attended three powerful 1448, from 11, February of Sprowa, Lviv captain, Peter of letter the According to of pledge. in imposition the captain the assist to becould called (October8, 1464). they couldwinner where offerintroductionthe an as aform of the estate penalty.satisfying the vol.13, no.5550 See:Ibid., an lacked noblemen such that fact the to due was This ofdetention. penalty the by endangered 1467); Ibid., vol.14, 1033 no. (March 20,1444).Noblemen without estates land ( 486 485 (July 2648 29, 1452). no. Ibid., see: castle, L’viv of the register the from evidence of piece similar another For Premisliensis.” sibpincerna Rokythnycza de Iohannes Sobna, de Kmiczicz Iohannes Oleschko, capitaneus et Premisliensis 484 483 do it, then they were liable for instead punishmentthe of culprit.the failed to If guarantors release. after penalty of the payment the satisfy would culprit the that Przemysl in captain, Jacob Koniecpole, 1469. of of letters by pledge the four issuingat the of waspresent Chodcza, of palatine, Stanislas elite inof power lettersthe Rus’ Rus’ the some instance, of the palatinate of For pledge. noblemen of powerful land.This beinferredother of from members can appearance the the of Consult, for Consult,instance, following the records: Ibid.,3684 vol.13, no. (July 1448);19, no.6592(February 28, Ibid., vol. 17, no. 630. Ibid., vol. 2002.The 14, no. pledge was the presence secured in of “Iohannesde Syenno succamerarius Ibid., vol.17, no. 138-41 (August 14, 1469). In rarecases influenced was theimposition of byorrequired consent pledges also the 485 To enhance the communal moment in the captain’s in the moment communal the enhance To 162 483 It is also known that a group of noblemen 486 Sureties were called to guarantee to werecalled Sureties impossessionat i) were also were i) 484 In CEU eTD Collection hold the estate of the plaintiff until the sum of the surety was paid. introduce himself and right acquire to the the captain continuewould dispute, a refusal the to promising topursuehis legal action endto the andconvincein thedefendant In court. case of by captain the to surety submitted plaintiff the that relates record The interesting detail. most the provides litigation the accountof the Atthis point accusations. the against Masha defend damagelord uphercase, committed to the took his declaring of plaintiff. to the Herreadiness of another local noble, Kostko of Melniv. The said Masha was accused of multiple thefts, a maidservant Masha, land, against Przemysl of noble the Vola, apetty Hryckova Hrycko of by brought complaint is the case first The further. point this illustrate will examples Two enhance, bringing andevenforce the facilitate, accusations forcriminaloffenses. of private ipsum Melnowsky konacz alias adduasseptm.agere prosequeretur Si non causam prohuiusmodi inculpacione 491 (November27, 1473). 490 premissis supra treugas pacis habere, sub amissione omnium bonorum suorum et colli ammissione.” 489 488 487 origin. mostly plebeian of were people who on surety of asterms imposed property were the peace. the also gave the guarantors the powerinterestingits terms that envisaged notonly possibility the wrongdoers’ detention,the of but to exercise capital punishmentis It submitted theirobligationsthemselves to underwhich wrongdoers the guarantors. in the case of a breach peace. breakthe to of attempted culprits if the captain the and surrender to them hadtodetain wrongdoers these guarantors the condition that upsurety community for thecaptain before took of two its This members. the was done on captain or the plaintiff,present werebound jail, potentialthe first to demand guarantors at the culprit the the of under that he wouldthreat set it on fire. of penalty.boasting of Tyrawa, town whole menacing the for because arrested was culprit The potential In another, similar,of the village of Hlomcha in Sanok land to take up surety for one member of their community. case, thein instance, consequences.For serious Sanok captain forced1473, the all maleinhabitants the whole village cases enmities bitter of especially which largeembraced a numberof and people could have Ibid., vol.17, no.893 (January “ipse25, 1473): Hriczko se submisit Capitaneo actionem principalem erga See,examplefor Ibid., vol.11,136 no. (June 23, 1425); Ibid., vol.17, no. 320 (April 2,1470); Ibid., no.1026 Ibid.,1315: no. “Mathwey etPaschko obligatide ibidem suntprescriptis fideiussoribusomnibus causis in Ibid., no. 1314 (July 1478).25, Ibid., vol.16, 954no. (October, 1473). 490 The institution of surety was instrumenta major in hands the of usedcaptains, to Preventive detention and presentment of sureties could be captains in could usedby sureties the and of presentment detention Preventive 489 It seems that such heavy sanctions as capital punishment or of confiscation the capital or punishment seems heavysanctions as It such that 487 By standing surety for the release of the suspected man from the 488 163 The second record of this surety specifies the 491 By a second surety, the CEU eTD Collection culpability from release because subsequent of the no and chargescaptain, a were before broughtsureties at presenting the court session, detention, private of the see cases Ibid., other vol. 15, no. 2829 (June 19, 1499). himself from possible the accusations advanced against him. See,vol. Ibid., 15, no.2821 (May 18, 1499). For courts. The suspected nobleman ofdifferent was sessions obliged at times to thee attend those appear to sessions,man waiting suspected forthe anoccasion ordered captain to expurgate The of somecrimes. suspicion the 496 quosque expurgeris de difamacione prefata” propterdiffamacionem dominus ipsius mfus. Mathias de Bnynincarceravit dicendo: prius te nondimittam, 495 494 493 492 marc.” sexaginta solucionem contra Costhkonem, extunc Capts. Potens est inomnem porcionem ipsius Hriczkonis se intromittere et tenere ad condemnfrom surety if non to appeared one them. betried. to casewas the session when court atthe defendant the the appearanceof guarantee nobles to of petty forced agroup captain them by private plaintiffs. byprivate them justiceforcedsuspected menof culpritsrespond were charges or against to brought that to session, wishing to expurgate his honor of the suspicion of favoring criminals. Matias atthe court in personally arrived king’s judgment court. the for presented captain’s the and punishadvance hiscomemento charges estate of to to arrested the wrongdoings the damagefrom themajor townsof land.Inhisthe proclamation Matias invited everyone whohad suffered any suspectedmen. Keeping themhighwaymen. After havingbeen by the men.admonished captain, Matias detained all suspected under arrest, Furthermore, suspect opinion favoring theto said of Matias of Boyska and supportingMatias and robbers ordered local thatthecaptainhad by probably suggests justice.exploiting reason Therecord criminal a proclaimation of field in the initiative private enforce to threats and surveillance, information, combine byon the marketMatias’ daysrobbery ofand theft all fighting in captain the and Boyska of onMatias nobleman, order, local thepowerful most the of territory the registeron February 19, 1424. of Sanok arrested land. It reveals ofvengeance. actions possible meninfrom friends his particular and defendant the prevent to hand were other the on and hand, one the on action how captainsby continue securedbind issureties anattempt captain to plaintiff histhe the to accusatory were defendant. the of guarantors the and able plaintiff the between peace to Consult the case, in which a nobleman begged the captain to exonerate him from a surety, imposed because of because imposed surety, a from him exonerate to captain the begged nobleman a which in case, the Consult “quem culprit: the to addressed he that captain ofthe words to areference contains record the case one In Ibid., vol. 11, no. 32. Ibid., no. 901 (Jnuary 1473).30, Ibid., no. 898 (January 29, 1473). In general, surety In general,and surety imprisonment weretwomechanisms through which system the The secondis caserelated by legal the record of court, inserted into Sanok the the 495 As a rule, such suspected men would be set free from jail or 494 The record provides details of the cooperation between one between cooperation the of details provides record The in Ibid., vol.17, no. 2027(January 9, 1486). 492 164 Finally, captain the established pledge of the 496 The captain could also require surety to 493 What emerges from emerges from these What CEU eTD Collection 500 sixteenth century). zwi interpretation of her critique. See: Waldo, Barbara. Waldo, See: critique. of her interpretation no. 2(1986), esp. 140, 148-9, 150.In her response to the (The castle captains of Little Poland in the fifteenth and sixteenth century), sixteenth and fifteenth the in Poland ofLittle captains castle (The litigants’ appeal for the captain’s personal presence at judgment. It is possible to assume is that to judgment. possible It at presence captain’s personal for the litigants’ appeal presence of the captainterminated can most in such likelya way. The refusal be explainedof theyearsIn four the between of 1469 and 1472,78(23%) total inthe number 339sessions were Przemysl court by officialsthe expansion to try cases without mostlybecause judged. of captain. absence any the the heard or beingof occurred This case of the the practice of the proceedings without sessions whichweresimply givealargenumberof court canceled court castle Przemysl The 1470s. early in the land in Przemysl justice of administration captain’s by is proceedingsbe presence of evidence of couldthe court nicelyillustrated a captain at in regard. this captain thebestproof the provides course the fifteenth century. According to to According century. fifteenth the course of the person of the captain from the court proceedings and the work of the chancellery of the castle court in the captain. of person the the might have been the pronouncement of verdicts and their enforcment were impossible without participation communal on court captain’s the of as the dependence as significant However, 5.8 Captains’ personal attendance ofcourt sessions justice. in of administration the interdependent accusation official by and prosecution, ascomplementary wereused captains mutually and private of those justice, of principles basic two how see to one permit detention and assistance or intervention of members of the of nobleinstitutions the community. The surety See, his See, completely autonomous institution, operating and administering justice without direct interventionof a captain. à 499 498 497 prosecution captains’ supply nocasesof therecords fact, almost In interdependencies. solidarities and castle. of the territory andinputinto movementfreedom enjoyed probably detention, the tower notsomeof the was required measure, asan securingalthough inadditional that anobleman who, the captain’s attemptescape from culprit thatthe jail. not guarantee would to ysiak,developed discussion the with in Barbara Waldo. For acomparison, consult Antoni G The evidence from the fifteenth-century Rus’ palatinate clearly tends to disprove the argument of Ludwik argument the disprove to tends clearly palatinate Rus’ fifteenth-century the from evidence The Ibid., vol.14, 1970no. (December12, 1447). Ibid., vol.17, 1768no. (February 1480).11, ą zku z krytycznymi uwagami Ludwika “ The captain’s jurisdiction appears thus as acting through the dense networks of local of as through jurisdiction densenetworks The acting appears thus the captain’s Ma á opolscy starostowie grodzcy w XV i XVI wieku (Uwagi w zwi ex officio Czasopi 498 as such. All captains’ actions were mediated to some degree by the some degree to mediated were actions captains’ as All such. Ğ mo Prawno-Historyczne 499 The constant practice of postponing cases for the consideration of consideration for the postponing cases of practice Theconstant ą siorowski, “Pocz à ysiak, the chancellary and office of the castle court became an almost an became court castle the of office and chancellary the ysiak, à ysiaka” (The castle captains of Little Poland in the fifteenth and “ 40, no. 1 (1988), 148. Urz 165 ą ą à tki s d starosty s starosty d ysiak’s criticism, B.Waldo was inclined to accept this à 500 ysiak strongly increasingemphasized the separation ą How urgent the demand for the personal the for demand the urgent How dów grodzkich w ą dowego w Ma dowego Czasopi 497 ą In one case such surety was zku z rozpraw Ğ redniowiecznej Polsce,” 70. Ğ mo Prawno-Historyczne á opolsce w XV i XVI w. W w. XVI i w XV opolsce ą Barbary Waldo)” 38, CEU eTD Collection Tarnów, whoTarnów, was testified ashavingbeen presentat 31% of all hearings heldcourt in 1440, 25% in 1444. Thehighestandlowest frequencies of attendance are shownin caseof Rafael of attended 25,4%of diligentof all sessionsof Peter L’vivcaptains, in1443and the Sprowa, most The captains. of L’viv those the than higher times two figuresare approximately These of all session,court lowest from the figure in of 38,9% – 1429, tothehighest,58,3% in 1425. latethe 1420s and the earlier 1440s.In land,Sanok Janusz Kobyliany of frequented half about between inperiod the adeterioration witnessed really justice of administration the attendance, instability and years the covered that acrisis’ peakduring military the in campaigns Hungary. of beginning of period precedingthe the yearsimmediately tothe can beroughly related Jagie Wladislas of reign the years of last with the in correspond question periods the perspective, In diachronic the 1444). Spytko of andTarnów (1440-1441), of Tarnów (1442), Odrow Peter persons: Rafael is, differentthree captainshipthe of fell which under 1440-1444, that aperiod and proceedingsKobylianyJanusz theL’viv years for the of (1424-1429), court castle of Iexamined theSanokperiods. courtproceedings firstfive the for years of captainship of the differentcaptainships of and Sanok L’vivwerefor analysis chosen fordifferentfive-year two entries furnish mainbody the of for establishingevidence captains’ attendance. the introductory available The captain. the including present, assessors and officials important special introductory a session of contain court each records inquiry. such The registers facilitates of court the entryindicator of justice. The effectivness of mode the significant captain’s the record-keeping with the date a beas taken can attendance captain’s frequency the of the weredelivered, sentences of the court when time atthe especially proceedings, and session court at captain the of presence personal as well personalas names of the pursue frequency Iexplorecaptains’ insecurity.this to of of task the growingperiod order In attendancemost justice is during administered captains pondering upon howthe this palatinate of Rus’ the of court and order in justice the Kingdom question Poland. Therefore,of the seemsbewhich worth to sessions.mentioned, wereperceived bymany people as of aperiod worsening conditions of social In view in years in which,asIhave landcoincides with the already justice of time Przemysl of the constant ofthecaptain. person the without appeal ofthe spreadnobility of such a practice tendedfor to underminethe or diminish the legitimacy of a trial held If about data captain’s collected canjudgebytheby the one evidence provided the Furthermore, in an attempt to trace the captains’ presence at court hearings the two It is important to note that this highly interesting aspect of the captain’s administration áá o and the end of the reign of his son Wladislas III. These dates These III. Wladislas son his of reign the of end the and o 166 ąĨ of of Sprowa (1443- CEU eTD Collection 501 law.of the treatment oppressive an judicial broad the easilybe into that arbitrary and of could captains turned power determining the scope of their real judicial and administrative power. It is not surprising, then, for significance wereof crucial which justice and domains of royal resources the over interference,community but captains’the position local lords as powerful their and control lawnorms it wasnot or force.of In general, statute bymeans of jurisdiction assert theirto aboutforgetnot to is the captains’ability judicial institutions of it important community,the In justice considering ascloaked incommunal theforms captain’s through andenacted the 5.9 Extension and abuses of captains’ authority one month and 22days in 1443 and threemonths in 1444. months for and21days, twomonths andthen in 1442; proceedings for almost months three in 1441; administration of All arefor captains three known long-lasting their justice from personal detachment the in the L’viv30, 1440),canbeits for length regardedas in exceptional of practice L’vivcaptains. the land – Rafael of (December12-December weeks almost three lasted inDecember1440,which proceedings Tarnów was twice absentvaried from a fewcourt daysproceedings court the to visits of captain’s duration The much longer. andthe absence shorter, to two weeks. Themuch was attendance thepersonal situation. Here captain’s aslightly different demonstrates duration of Rafael 1 week. month of coveringand period the 1 of Tarnów’s as inthe register isindicated proceedings court from absence sessions. longest His court presence at the in introductory registerentry written Sanokcourt the inindicates his this period absence from court from June March months, 17 to foralmost lasted 9, 1425. proceedings three two periods in longestquestion.Kobyliany’s Januszof in participation the Sanokcourt during and Sanok justice the existed between captainships L’viv of the administration that inthe further differences the toillustrate in proceedings order court at presence andabsence isandin intervals 1441.It longest atonly also10,4% toexamineof interest the of a captain’s 1444). 506 November2, 1442). 505 504 503 502 Ibid., no. CCXXXVIII- CCLV (June 28- August 19, 1443); no. CCCXXIX- CCCLV (February 26- May 29, XCVIII Ibid., no. –CXXXIV (February 3- August24,1442); no. CXXXVII- CXLVI (September7- Ibid., no. XLV- LXIII (January 13-March 31, 1441); no. LXXVI- lXXXIXa (May 29- August 25, 1441). Ibid., vol. 14, no. XLI- XLII. Ibid., no. CXIV- CXVII (September3- December 10, 1429). AGZ , vol.11, no. XXXVI-XLI (March 17- June 9, 1425). 502 167 The case of the L’viv castle court in the 1440s 504 Spytko of Tarnów was absent first for six 505 and Peter of Sprowa was absent for 506 501 No one 503 CEU eTD Collection parere iuridice.” parere (September10, 1470):“Iohannes dictus Thymko de Nyehrebka subdidit se omnia suabonasub dom.Capitaneo potens erit secum facere, in vita et collo punire aut inbonis suis repetere.” For anotherquem sibi adoptaveritexample sub seedetencione, Ibid., mancipacioneno. 434 et colli privacione alias iuxta placitum suum Capitaneus Conyeczpole capto. Premisl tenetur equm ambulatorium bene valentem dare pro f. Penthecostem affuturum, 510 508 509 Regis Kazimiri.” officiales nec servos Andree invillis nec in castro [Snyat]enensi, nisi pro quatuor articulis secundum [s]tatuta the felons. the This shows explicitly that these royal governors were real masters of the lives and property of graceofacaptain. the themselves to submitted noblesunder andcommoners some which of noble lords into the servitude. This may have something dowith to termsthe of sureties unclear. Itseemsbe to an attempt at regulating the practice by captains of putting the peasants in other lands lords. of the kingdom.were accustomed imprisonto peasants accusedAnother theof theft without the consentcaptains local of the culprits’that fact the to refers privilege the of clauses the of One custom, Rus’. Galician of lands mentioned issuedfor important the specifically Korczyn year1456,an royal the from privilege privilege in the same privilege, is rather 1493 in unless their were wrongs punishable four under the captain’s paragraphs in incaptain topreventjudginghim and Fredro’s servants order from castlepeasants the court infrom recorded 1456, Halych landregister.Itforesawthe intercession court the for the 507 course of the fifteenth century. in inthe statutes the repeated wasconstantly paragraphs four the to jurisdiction captain’s startingprovide illustrate agood pointto this.insisting The clause a on restrictionthe of law.judicial beyond power provisions of the legal statute the Thefour captain’s paragraphs between Andreas Fredro of Fredrobetween of Sniatyn Andreas Mu and the Michael captain, Pleshovychi for except listed wrongs the in paragraphs.This four the by isnicely illustrated agreement the assurednotsummon captain’s the to promise noble’smenandthe tocastle peasants court subject of special individualagreement between nobles and the captain. Suchagreements question of becomethe for couldIt isnoteworthy, paragraphs four example, the the that local level. failed atthe often paragraphs legislation these of on the enforcement the however, See forexample, Ibid.,vol. 17, no.320 (April 2, 1470): “HrynBaythko de Poszdzacza mfo. Iacobo de See, for instance, the privilege of Nieszawa from 1454 in Jus Polonicum, AGZ 509 Jus Polonicum, , vol.12, no.2774 (October12, 1456):“… quod officiales ipsiusSnyathenesis [non] debet iudicare As for other facts of captains’ encroachments, valuableis of As for otherfacts offeredby encroachments, captains’ evidence the The fifteenth-century court records are consistent in showing captains extending their extending captains showing in consistent are records court fifteenth-century The This custom This was legalcustom inthe privilege decried norms running against the as accepted 510 293. 324, and the Statutes from 1496 in 507 As the practice in the local castle courts demonstrates, courts local castle inthe As practice the 168 VL., VL, vol. 1, 118.1. 1, vol. vol. 1, 115.1, the Statutes of Jan Albert from Albert of Jan Statutes the 115.1, 1, vol. 508 Ī ylo of yloof Buczacz, CEU eTD Collection 174-5. Polish landlaw the enduntil of sixteenth the century), ( 514 513 512 Jacek S.Matuszewski, Jacek Ján eds. centuries), sixteenth the and fifteenth the of eve on the Poland and ofCzechoslovakia lands the in society the territory of the districts mortgaged earlier were forced to recognize their dependence on recognize their dependence forced to earlier were mortgaged districts ofthe territory the nobles who hadtakenoverinnobility Especially in in royal particular. the mortgage estates abilities broad gave exertcontrol them the localin population to over overthe generaland 2500 marks. for anewloan of was increased on L’vivdistrict his mortgage the sameyear, the In Jaroslaw. from previous captain, redeem Tarnowski of L’viv permission district Spytek the to the captainship. In 1442, by extending the kingloans of florins, 2200 he obtained royal were transmitted within the same families through generations as their hereditary property. astheirhereditary generations families through within same the were transmitted captainships mortgaged these Asaconsequence, districts. allow redeem mortgaged him the to family. Chodecki another major royal creditor, Mikolaj Parawa of Lubin, the founder of the magnate fortune of 1500 marks and 2000florins. In 1440 the Haly in 1439-1440 Peter Odrow in 1439-1440Peter series of royal documents for a total value of 8090 marks. In addition to the district of Sambir, bya mortgaged was The district III. Wladislas inthe of time mortgages receiving object of which had been tohim mortgaged already byWladislas IIJagie Odrow is example caseof Peter the impressive most the Perhaps years. forty following the for in mortgage held Rytwianski of family the which Sandomierz marksflorins. thisanother2700 was transferred Later amount and of district 3360 to feudaln Ğ 511 century. fifteenth half the firstof during the palatinate intheRus’ families aristocratic “new” of mortgage-holdings of royal becamecaptainships in factor adecisive emergencethe of a group mainby influenced areas mortgagingthe kings.The of under the Jagellonian captainships affected by partiality much was jurisdiction captains’ that hadtheresult families of aristocratic representatives and abuses of law. The territory of Galician Rus’ became one of the redniowiecznej Polsce” (Factors of the differentiationof the noble estates medievalin Poland), in For treating For the long-term pledges as a hereditary holdings, see LudwikErlich, Ibid., no. 2423. Consider, forinstance, Antoni G ZDM ý ierny, František Hejl,Antonín Verbik (Prague: Ústav í spole , vol.8, no. 2272 and 2320. The exceptional status of such captains as almost hereditary owners of districts of the owners hereditary almost as captains of such status exceptional The Granting all the major captainships of the Rus’ palatinate as mortgage holdings tothe asmortgage palatinate of Rus’ themajor captainships Granting all 511 For example, the Che example,the For þ 513 nost The high values of mortgages the as well as king’s lackthe money of not did í na 512 Zastaw nieruchomo After Odrow Ĥ zem í ý ąĪ eskoslovenska aPolska dop was in sevengranted mortgages Haly the á ąĪ m captainship was mortgaged toDziers wasmortgaged m captainship hadlost the Haly Ğ ą ci w ci prawiepolskim ziemskim doko siorowski, “Czynniki rozwarstwienia stanu szlacheckiego w 169 à þ þ odz:Wydawnictwo Uniwersytetu eskoslovenskýcha sv district wasredeemed from his hands by Ĝ elomu 15.století elomu a16. þ district, in 1442 he acquired the L’viv the in he acquired 1442 district, áá o in 1429,became themaino Ĕ Č ca XVI stolecia tovýchd ąĪ Starostwa w Halickiem þ . The Sambir district, district for sum district the of (The structures of feudal of structures (The á aw of for Rytwiany aw of Č jin, 1984),jin, 82. à odzkiego, 1979), (Pledges inthe Struktura , 75-6; 514 CEU eTD Collection from Lithuanian the Metrics from 1348 until 1607), ed. Antoni Prochazka (Lviv, 1890), no. 126 and 216; 517 12,vol. no. 2909, 2461 and 4286. nostris mediante iure acquisivit, inqua bona per ministerialem de iure et iudicio datum seu missum sibi realis floren., dudum eidem debitorum cum dampnis, exinde pereum perceptis, coram certis Dignitariis et officialibus mandatis nostris sibi ineo facto sepius scriptis et representatis de bonis, que supereo occasione duorum milium 519 518 and authority: and letter is written in words of The matter. inthis the Kamianec’captain sentregularly to great hadbeen admonitions,” which amazement and resentment of letters numerous king’s the andscorning “challenging Julian, said againstthe action at such contempt of his person putit, Buczacki royal carry Theodor thousands florins.Asthe letter theviolentdared to out tohim forloan the two compensation whichroyal theas kinghadmortgaged of estates from expelled hadbeen Caffa, of Italian Julian the merchant, a certain Italian that factthe by Buczacki. wasoutraged Kamianec’, king The Theodor of captain andthe castellan against display in the face of indisplay faceof orders. royal the wereable thecaptains letter revealshow much1453. The impertinence anddisobedience to by granted in mortgage king. them the estates of the possession into take forto nobles needed was captains of the consent the that suggests also evidence raising for money new tothe loans king andbuilding upanetwork of clients. say soto–thus to them mortgaged –sub-letting them mortgagingestates, practiced of the 515 abusessuch by against bitterly the complained IV Casimir King captainsdisfavor. and anger possible king’s the of in a letter of to actionsthe of expelling other royal granteesL’viv regardless of royal prohibitions, showing thus nofear captain, their pursued captains Some captain’s the without permission. estates royal the possession of Peter Odrow in if totake such mentried estates This happeedparticularly territory theirthe of captainships. capitaneus est tutor bonorum regalium. therecords: of one This position of subjection of noblethe holders of ismortgages probably best formulated in the authority of the captains as the supreme holders of the whole royal domain of the district. 516 Ibid.: “… quomodo gsus. Theodricus de Buczacz Castelanus. et capitaneus Cameneczensis spretis literis et literis spretis Cameneczensis capitaneus et Castelanus. Buczacz de Theodricus gsus. “… quomodo Ibid.: Ibid., vol. 14, no. 2749. AGZ AGZ Materia , vol. 5, no. 128. no. 5, vol. , , vol. 14, no. 2910. no. 14, vol. , Captains did not hesitate to use violence against men whom had king mortgaged touseviolencehesitate to against the Captains didnot we are astounded at such insolence we areastounded at captain] which he [the us to contemplate its fate with sorrow and a bitter andits withabitter fate heart. sorrow us tocontemplate atastounded suchinjusticeland, existing in whichthis causes also Weare displeasure. and confusion with us overwhelmed exhibited usby to letters, and our disrespecting [incidentally] á y archiwalnewyj Dominus Czebrowsky tenet bona regalia ... et dominusPallatinus Dominus Czebrowskytenetbonaregalia... Ċ te g á ówniez Metryki Litewskiej od 1348 do 1607 r 518 The letter is full of reproach and indignation, directed indignation, and isreproach of full Theletter 515 170 Moreover, the captains themselves widely 519 517 (Materials excerpted mainly excerpted (Materials ąĪ , from January 22, 516 Some AGZ , CEU eTD Collection captains of other lands, fortunately came to be preserved in the register of castle. They of L’viv in theregister be preserved to came fortunately lands, other of captains castle. particular that against the captain of brought not were becausethey simply register luck in castle the even a captain’s through or violenceSome unjustness werepreserved of chargesagainst the out theirof whichpointcaptains oppressiveactions areexceptionsintheregisters. andunjust accusations straightforward The of courts. the all records common to asafeature be taken can in of This process the viewrecord-making. over easily explainable captain’s control of the is bullying governors, which royal muchby lawand aboutjustice do notsay of the too the usually keeping. records lawby the of record politics court andshapedThe the islimited the involves highlyintriguingthe question of how much knowledgeour of captains’ the abuses of the Odrow Onecansuspectthat beenhad thisandthe on done early of order 1460s weredestroyed. the becausesurrounding thisconflict, from oftheL’viv all registers castle court late1450s the circumstances and events the of little too know We lawsuits. these about evidence Jan. brother, and his successor against lawsuits mentions that after the death of Andreas deathof the Odrow after mentions that revealing details of the relations between the Odrow of Andreas Odrow by extentattempts great the it that was causedto suggests The evidence 1460. society around Galician in crisis a serious into developed which above, mentioned districts, Zhydachiv 520 illa terra,propter quamsorte et prochcum dolor amaritudine cordis recolimus…” vilipedendo literas eteonostras in exhybet nos erga quam protervitate, sua tanta de miramur et expulsus est violencia et vi Theodricum intromissio fuerat assignata, prout supereo ipse Iulianus dicit esse petentes literas, de prefatis bonis peripsum middle and his thusimprove financial situation,showed own signs which inof deterioration the of the fifteenth century.land. DescribingThis was protest of thethe nobility took the form of a massive actionconflict encompassing the nobles of the whole nobility. by andprotest One the led theopenexpression disappointment holders,of to even between the the courseOdrow . limited was officials own his of actions of events,This case of the violent abuse by the captain revealswhat to extent the king’s control over the D J.D á ugosz, Thus, afew by protests L’viv merchants, directedagainst wrongdoings the of the It isinteresting that the courtregistersinformation contain no confirm to Dlugosz’s Captains’ abuses directed against the rest of mortgage- nobility, againstespeciallyof rest Captains’ directed the the abuses other ąĪ Historiae Polonicae s, who, as the L’viv captains, kept all court registers under their control. This ąĪ to confiscate to the estates of other nobles (mortgaged to them by the king) confusione et displicentia nos obruit, miramureciam de tanta iniustitia, que agiturin , vol. 5, 410. 171 520 ąĪ ąĪ family and the nobility of the L’viv and in 1465, nobles brought three hundred brought three nobles in1465, ąĪ family and the Galician nobility. He á ugosz gives some CEU eTD Collection from of captain.” hands the from the said the Mu to speak, world whole the so to yield, have wouldto “…and he agreed adds comment: [Baptista] Baptista mostthe revealing forlife, hisheyielded demands had tothe of At Sniatyn the thiscaptain. of point accountthe havingthat much very suffered from conditionsthe of detention the inand having been fear 1493, King Jan Albert secured the peace between two opponents. The pledge wasestablished Thepledge two opponents. between peace secured the AlbertKing 1493, Jan relations with nobility in the legal exercise of justice. By his letter of from pledge June 26, in of power misuses the captains’ in discerning of difficulty example the as another taken be can Tustanowski Koniecpole of of andanoble land,Iwasko captain same the Przedbor between Przemysl of conflictthe the evidence The problematic. quite detailssuch conflicts of aspects makes of This important of the often understanding silenceuproar. many such an justicein preserved inthe registers areusually which legalput the framework, to tended merchandise whichhadbeentakenby captain. Snyatyn the hadputall been to pressed merchandisethe atMu obligation and surrender the captain the of himselfto hadto been compelled Baptista Instead, his arrest. might causefor the haveserved as him which against hadcharges advanced been solum manus eius evassiset.” obligacionem huiusmodi, dixit, se fecisse, sed eciam et totum mundum sibi obligasset, si possible est fari, ut Muzylo compulsuset pervim inscipsit se sibi manu propria in receptionem particulatam rerum; qui non tamen desperans de vita, coactus pervim et metum in receptionem particulatam rerum consensit iuxta libitum ipsius predictas forenon suas sed dom. Christofori. Et nichilominus Baptista videns se multum Gravari in vinculis, usu suo reciperet, quantum vellet. Qui Notarius Aptista (sic) replicavit ad illam compulsoriam dicens, mercancia recludi omnia sibi recipiendo, compellens ipsum, ut se sibipropria manu obligaret, utde eisdem mercanciis pro inloco stacionis, idem Muzylo, ipsius Baptiste nullius demeritis exigentibus, eundem fecit captiavari et vinculis pannis et aliis quibusvis mercanciis domini suis Christofori et dum devenisset Snyathynet paussasset tamquam 522 Zhydachivthe Captain Auctus of PaniowIbid., in vol.15, no.2657 (March 26,1498). 521 Mu saidMichael by had there the detained been he how and station, some for looking in Sniatyn, arrived had he how Wallachia, to Christofer starts 1443. Hiswith narratinghe protest how had beensent merchandise with said the of Michael Mu captain, Sniatyn the with encounter in an faced had he misfortunes the of account impressive Baptista, notary of the Italian merchant and noble Christofer Fragi of Genoa, left an crime. such for liable themselves were roads, free the royal on merchants against committed assaults fightagainst violent the competence endowedwith to show though captains, that some Ibid., vol. 745:“…quomodo14, no. Baptista gressusdum idem suosversus partes Valachie direxit cum against Goldis Peter citizen Lviv the by advanced robbery, and assault of the accusation the instance, for See, 521 In most cases, however, the voices of the complaints about the captains’ abuses of One ofmany Italians who came to dobusiness in fifteenth-century Galicia acertain Ī ylo Buczacki, recorded in the register of the L’viv castle court under May under in May of L’viv register the 13, the castleylo court Buczacki, recorded 522 Afterwards the protest skips to the list of the goods and Ī 172 ylo, if only it had permitted him to escape alive himto had it permitted if only ylo, Ī Ī ylo’s disposal. further Baptista recounts ylo. Baptista emphasizes that noclear emphasizes that ylo. Baptista CEU eTD Collection errors and the case was adjudicated to the captain. the to adjudicated was case the and errors of allowedwitnesses’ testimonies not judges,was bythecourt procedural however, dueto uphold plaintiffs’serve The the deposition witnesses andprovideto testimony as accusations. recruit someeven managed to local supportof fornoblemen their nobles case.Six agreedto valued theconsiderable four upto sumof hundredmarks. and Iwanko Peter of Chlopchyci seized Jacob Koniecpole cattle, their inwithout unjustly convicting that of them court, stated plaintiffs againstthem. The actions oppressive captain’s the about complained Chlopchyckis the record, According the to local castle1468 in onNovember register. the 22, recorded for example, was Koniecpole, Jacob of Przemysl againstthe captain, Iwanko of Chlopchyci Peterand nobles the caseof The following nobles. cases against proceedingsin their court noble wereidentical such private enmities. against charges wrongdoers to intheir proceeded captain’s the along which lines controlled captain. The by estates the as legally sanctioned responses towrongs hadwhich initially been inflicted on menand the nobles undertaken tendedtorepresentby the captains records legal against the court actions tensions hidden under Whatsuch isguessrecords. leftto thehistorian how sharp is and to werethe uncompromising the dry formulas.in mentioned are Tustanowskis the against directed of oppressions sort particular any other It is important or assaults noviolent mortal threats, No penalty. a pecuniary of burden bear the pressed to to note that in mostAs a casesrule, the Tustanowskis the castle refused or failedTustanowskis wereobliged bringfelons to the court be to subjectto tothecaptain’s judgment. to uphold the surety of the terms the conditionsBy wrongdoings. for blamed been of had the who suretyservants and peasants and were suretiesfamily for their totake themembersofTustanowski captains compelled show the that 1460s. late from the in starting register recorded sureties, the broken are aseries of there found canbe which only The traces court. castle Przemysl of the in register the identify crime of minting the of false themselves coins. expurgate to See: had and Ibid., accused vol.were 18, Chlopchyci no. 1084 from nobles same (Aprilthe later 7, years 1478). ten records 525 Ibid., 1688no. (April5, 1479). 1470); Ibid., no.508(February (JanuaryIbid., 1641 13, 1471); no. Ibid.,1479); no.1687(April21, 1479); 5, 524 secure.” sunt non manere mutuo omnes cominaciones faciens iniurias et cominatus esses atque diffidares eis omnibus ita, quod indomibus eorum propter tuas 523 captain. Przemysl the from how muchhebefore his threat king,pointing the hadsuffered grievences andoppression out mentionshad presented plea Theletter thatTustanowski tothe of in Iwasko. said response the Ibid., vol.13, 6860 no. (November22, 1468). It is interesting to add that according to the Przemysl castle (June 30, Ibid., vol.6668 Ibid.,13, no. vol. 1467); 17, no.319(March29,Ibid., 1470); (April9, 336 no. Ibid., vol. 2501(July17, no. “quomodo 16, 1493): suis etamicis prefatis magnastu sibi et intollerabiles The evidence suggests that captains constantly manipulated and misused the track of andmisused thetrack manipulated constantly captains The evidencesuggeststhat 523 Other manifestations of this conflict, however, are difficult to difficult are however, conflict, this of manifestations Other 173 525 The account seems to imply that the 524 They CEU eTD Collection (January (January 21, 1472). quia ista, citacione super respondere nolo hic quia Regem, dom. ad titulus discernendam dari causam hanc michi peto Iudex, dom.suit with captain the Jacob of Koniecpole to king’s court:the “Corithko proposicione exaudita dixit: domine Capitanei526 in citacione continentur et sua causa est propria,” see in Ibid., vol. 17, no. 730 justice and was advanced as a main reason for such a denial. for biased a prerequisite regardedas himself, was presided whichthecaptain over court, the in captain havethe with To acase castlecourt. the before respond to suitthe of beginning the show records litigantsthat involved in againstcaptainsdisputes wentsofar as refusing from which in procedure manipulated resulted captain the failure of the Other Chlopchyckis. the to have been embedded inlocal politics and governed by privatethe pursuit of power. innobles wasclose itsprivate enmity.which meanings to justicegeneral, In captains’ seems Consider, for instance, the reason, given by Jan Korytko of Rykhchyci for his insistence on transfering his It is therefore possible to see the cultural logic behind the captains’ lawsuits against see logicis cultural captains’ behind the It to possible therefore 174 526 CEU eTD Collection Brunner, 527 This feature of the legislation influenced the practice of the local courts in a way that there are in there local a way that courts of the practice the influenced legislation of feature the This and nobleelaborated to describelegal the clearly phenomenon defined concept enmity.of room by statutory Polish law. Thelate medieval law of Polishthe Kingdom lacked an domain of customary noble culture. On the other hand, it was not allowed sufficientlegitimate justice. for aswell as claims rights legal along with expressionsother of litigation,enmity like court wasinscribed in pursuitthe of violence, resolution, conflict of instrument legitimate even and permissible a as Seen enmity. primarily contextof noble thebroader andthe was situated understood of within culture of noble process.The settlement disputing andthe ofviolence disputes exercise between the interrelation close the concerns basicobservation Another violence. of of use a corollary the seenas were often andreputation noble’s empowerment A and prestige. of power hierarchies of its exercise strongly determined the position of individualthe and family thewithin local for efficacy and opportunity the inthefactthat lies agency asasocial violence significance of affected the dynamics of power relations. In this connection itis also important to say that the mention just the mostwounding, theft, pillage, verbal insults, and threats, and so on. important as murder, such actions, of range repertoire awide Its encompassed opponent. damagethe on symbolic or physical material, inflicting at and ones, self-will one’s asserting at aimed was violence violence of exercise The friendship. inter-personal and peace communal signs breach of the of apparent was one strataof theof society. crucial all social andpenetrated affecteddaily experience deeply nobles.Violence between rivaling It was onesocial of inimical existing most state apparent manifestation thethe of theof perceived as relationships most commongears and withinstrategieslocal structured understood communities. that of enmity were framed in therelationships perception. ways which These interpersonal concepts the and one of social of categories all-embracing central and were other onthe violence the and enmity most of the social and moral world centre of the the at local people.located as Peace andsources friendship Galician on the one hand, and fifteenth-century from emerge enmity and Violence For the opposite and mutually complementary meanings of the categories of peace and enmities, see Otto enmities, and ofpeace categories of the meanings complementary mutually and opposite the For Noble enmity represented one of the central categories of and noble ethos the of the of categories central the one Noblerepresented enmity Contingentto thesocial fields lordship localthe of government, andfamily, to Land and Lordship Chapter 6 – Noble enmity and violence: People and patterns and People violence: and enmity – Noble 6 Chapter , 17-18. 175 527 The violenceexercise wasusuallyof CEU eTD Collection in regard to the value of in valueof study regardtothe for the typethis of source violence.enmity andof This been odds at often have scholars legal records, of feature of Because this human relationships. of moments conflictual primarily illuminate to tend records legal the essence, their In records. Therefore, it is useful legal records. of veracity facethe of the problem to usuallycame society, historians noble to modern begin early and medieval late the in violence of withplace the explain to quest their In few short remarks toucheing6.1 Pledges of peace and intensity of inimical relationships on the nature of the legal limits of violence, asitwas practiced by nobles fifteenth-centuryof the Rus’ palatinate. intensity of violenceset abroadbackground which addressthreecrucial against the questions I will –first, and enmity, second, the social tolerancebeen. have might enmity their of legitimacy of the to claims violence,nobles’ the problematic how indicates duly and the third,accusations. and calumnious of unjust the were causes the Hynek recognovit, quodsuperprefatum Stanislaum Szobyemadr nullam ira debet habere…” homine meo,quemex inimicicia inculpaverunt;”Ibid., vol.15, no. 2640 (March2,1498): “IdemStanislaus quod ipsumexodio et inculpasset;” exira Ibid., vol.11, no.2764 (September 22,1449): “…ego peto proisto 530 deberent.” 529 odiorum et dissensionem incrementa pullulare” in Ibid., vol. 15, 700no. (September“nonulla 12,1468). wanting of Kuchany Wlodek and Strumilo Clemens between pledge the imposed captain The enmity. Sanocensis.” huius terre provideenmity references to ( the land.” Kingdom ofand the “against Statutes the out carried wars,” unusual “dissentions and about noble of as letters speakof enmities, pledge nobles. Someprivate royal relationships between a unifiednotaries terminology used by court the todescribe the state inimical anddesignate of 528 conflict resolution. wayof mustbe asaninappropriate of considered fight king the between subjects the that land, and mostly of Haly mentions at all. nosuch lands of contain Przemysl L’viv and The courts land palatinate. the of particular Some traces of the on depending of such terminology, inthe usage variance geographical such anapparent also wording can onlybe founda few mentionsin the court in the registerscourt registers of Sanok of terms describing a state of enmity. There was Ibid., vol. Ibid., 11,2507 no. (December1447):7, “…quia idem Crzistek est culpabilisnon eodemin spolio,sed Ibid., vol. 658(May15, no. “…non decet,31, 1468): quiaipsi domini unius existentes bellare interse AGZ , vol. 1527(July16, no. “…propter4, 1481): dissensiones etinconsweta, bella statuta contra et regni These general observations about the importance of violence in late medieval Galicia medieval inlate of violence importance the about These observations general 528 Another letter of pledge condemned the exercise of noble violence, noble reasoning of theexercise of letter condemned pledge Another 529 See also text of another pledge, which mentions dissentions and hatred as causes of causes as hatred and dissentions mentions which pledge, of another text See also Occasional mentions which appear in the context of court litigation also þ land. Furthermore the available evidence testifies to the absence of inamiticia ), anger ( 176 ira ), and ( hatred ), 530 The same usage of such terminology odium ) asfeelings which CEU eTD Collection Rusi w pierwszej po the later editions of the time. For the criticism, consider, for example, comments by Kazimierz Piwarski in his introduction to the one of social relations. W. relations. social contemporary ofthe picture too-dark a in resulted which century, seventeenth ofthe half first the from palatinate blamed by later generations of Polish historians formisusing the rich material of the court registers of the Rus’ They go back to the book ofW 531 pledgesfor Przemysl land consists of 130 cases.They were imposed on representativesthe of indications into preliminary andregard frequency the ofnoble violence. scale Thenumber of and of landforL’viv periodthe 1440 1500.to These findings makeitpossible tooutline some central two lands of –thoseof Rus’ the palatinate Przemysl landfor period the 1469to1506, routine level. daily, the at noblemen local of sensibilities the permeated it deeply how and society Galician how texture medieval the violence through of late wasthe understandingdispersed of widely conduct, pledgethe violent modes an accepted provides dispositions and evidence of tacitly non-outspoken of horizon the to reference By its most. matter which possibility, latent and see violence potentiality inits to grasped one whichpermits aspect of pledgeevidence, the itis exactly as apotential but scenario However, forthis hostile relations. fact, and dangerous as an notviolence theyrepresent accomplished prevention, means of therefore and conflict incidence of violence and enmity in thissociety. Letters of werepledge imposed often as a the of vague contours general very anddelineate only to one allows evidence pledge of the the that is true It nobility. Galician the of experience daily in the enmity of pervasiveness aim the may noblerestraining of starting bea enmities, good to analyze point the social violence. level the of for theestablishment more appropriate are which forms and of tensions, calm and moremundane backgroundfindings which the of reveal against mustbe such cases tested extreme violence can not be underestimated. At the same time “the exceptional normality” of legalreliabilityis suggest records? of It that to right valuethe of of some uniquecases society. showing themasbiased and giving aone-sidedimageof degreethe of in social noble tension as legal a reliable records were usedtoundermine of credibility the by of type sources the propensity forviolence. hand,nobility demonstrate great Ontheother Polishof the they many to cases ofviolence. onewere drawn hand,exceptional the On such manifestations difference of opinion has concerned especially cases which tended to highlight extreme Debates on the phenomenon of noble violence have a century-long tradition in the Polish historiography. Polish the in tradition century-long a have violence of noble phenomenon the on Debates The data collected about pledge evidence come from the castle court registers of of the registers court castle from the pledge come evidence about The datacollected with captains secured by royal the peace, of pledge the of evidence the In this respect 531 What can be proposed What beinovercome judgments about can proposed order to such contradictory á à owie XVII wieku ozi Ĕ à ski strongly emphasized the central role of violence and enmity in the noble life of that of life noble the in enmity and violence of role central the emphasized strongly ski ozi Ĕ ski’s work, see W á adys á 6th ed. (Cracow, 1960),XIII-XIV. aw à ozi Ĕ ski, the prominent Polish historian from Galicia. W. á adys 177 á aw à ozi Ĕ ski, Prawem i lewem. Obyczaje na Czerwonej à ozi Ĕ ski was CEU eTD Collection second largest group secondof largestgroup 18 families had inimical thatweresecuredrelations by5 3 to highest numbers of pledges, which count up to 6-9 cases, are attestedPrzemysl land lower givesslightly figures imposed individualof pledges on families.for The four families. 536 each. 4 cases – of Cheremoshna and Kulikowskis, Bileckis, Branickis, each; cases 535 Strumilo and of Ostalowicze – all 6 cases. 534 533 532 imposed. 10 (7families) group of followed byamore are numerous pleges pledges with 6 to familiesnumber highest These with the Sienno two –12cases). Seniawa – 15cases,of those single noble familya for by secured pledges L’vivof land, figures most In the often were pledges. targeted the reached as families which of many a group one candiscern is unevenandobservations. quite Thedistribution as 12 to 15 cases (the magnate pledges forrepeated L’viv arerecorded land, and10casesfor Przemysl land. family of Olesko12 casesof a minority such however, cases. Altogether, of represent, pledges Such repeated stage. and violent next its into enter to about was hostility in when step and enmity the of track seems to imply that at least pledgesalsocontinuerepeated The evidence of hostility. desire to pledges the noble’s the and in some cases the the forbreachesof pledges accounts captains repeated with relations inimical secure necessity to and their officials pledges, can befoundimposed The twice onthesameopponents, repeated inthe registers. were able to keep enemies seized and byespecially bitter enduring feelingsofhostility.As frequently a result, once. least at relations in inimical involved were members shaky thesefigures are, as they somegive tosuggest grounds almost that everyfamily its or As land. in the living families of number overall the than lower slightly be only to seems enmities noble weresecuredbypledges familieswhose number the comparison showsthat of century. fifteenth noble families noblemen)(260/310 areestimated tohavelivedin land Przemysl in the are known haveto inhabited these lands throughout fifteenth the century. Approximately 110 who families noble of number overall the with pledge of letters in the figured who families is membersencompassedinterestingfamilies. the of It noblecompare numbers138 theof to forfamilies.91 noble L’viv Thegeneralnumberof 191cases.They landcomprises pledges Of Siennow – 9 cases, Rzeszowskis – 8 cases, of5 – Cusenice Podusiv of – 7 cases, Bybelskis Pechychvosty, of – 6 cases.of Malchyci, Lahodowskis, Gologorskis, of Derevyatnyky, Chylchyci, Of Krzywieckis –10cases, Romanowskis –9cases, ofBorshchiv – 8cases, Wnuczeks – 7cases, Czebrowskis, 612. lwowskiej,” w ziemi „Osadnictwo Janeczek, A. S.Pashin, The distribution of the pledges according to individual families also yields interesting yields also families individual to according pledges the of distribution The sometimesIt singlesufficient happenedfor the pacifying wasnot that pledge the 534 Peremyshlskaja shliakhta, The third group comprises noble families with 4 to 5 cases. 532 For L’viv land, estimated the figureis 134 noble families. 142. 178 535 The data of the 533 Asimple 536 The CEU eTD Collection Drzewyatnyky – 4 cases each. cases 4 – Drzewyatnyky Narayowski, Georgius Strumilo, Andreas Wnuczek,Petrus Krzywyeczski,Iohannes Gologorski, Franciscus de Venceslaus Syenno, de Andreas each; cases 5 – Krzywyeczski Iacobus deSynyawa, Raphael Romanowski, 538 of Mathweys Korytkos, Sidlyska, Koniecpole, of of Mlodovychi,Grodzysko, of pelkas ofZamiechow, of Cheshki, Czurylos, of Zabloczice, of of Chlopczychi, Big Zurowice – 3 Bolanowskis, cases each. 537 were they but locality, the in family violence-prone and powerful most the they were only war. and spreadduringthat interpersonal encounters mayin and havebeen affronts hostilities rooted that originated the of high rate 1430s.The in early the bythewarwith Swidrygiello major affected the areas L’viv border of nobility settled landwasoneof this kingdom.the ontheFurthermore, partof noble violence in partthis of L’viv landmightbe thatit was a specific of feature local the royal authority to restrainSyennofor extraordinarilyhigh the number wasknown imposed by of pledges on them the their violent and family of the incidental Olesko that not itis violence. Inthis regard andreproduce conduct. A possibleexercise to capacity with the connected wasclosely leadership local the political how itclear explanation clearly dominatedfor the scene localof politics. theThe case of the magnate family highof Oleskomakes rate of this areaareknownhave to by beenmost frequently touched pledges. royal from families the factjustified that bythe be locality can of land. Thechoice particular this neighborhood couldrelatively short periods of betime. To exemplifytorn how far the social relationshipsapart in a noble really witnessdid particularly intensehostile of phases tensions among noblesduring by enmity, I willneighborhoods. Enriched by other sorts focusof legal records, they clearly show that some localities on the northeasternPledge findings are quite helpful in the closer study of enmity in some particularnoble part6.2 Enmity and neighborhood of L’viv have been spectacular. seems to especially violence inclination to of ininvolvedand whose enmity thepursuit families), whowereregularly lands noble inboth large families of groups (20-21 figures,therewere judge from these known for the relatively instance,For thefindings from L’vivland provide evidence the about13noblemen were who high figures into often light camemost duetotheinimical numberthe of imposed. pledges relationships of pledgespledges. (from 4 to 6 cases each). Nemyerzade Borschow – 6;IohannesMsciszek de Coltow, de Paulus Pyeczychosty, Stephanus Fredro – 5 cases, of Darowice, Mzurowskis, of Orzek, Wapowskis, of Zamoscze – 4 cases each; What is particularly revealing about the Oleskis-Siennowskis family is the fact that not that fact is the family Oleskis-Siennowskis the about revealing is particularly What In the eastnorthern part of L’viv land, the magnate family of Olesko and Sienno 537 It is also worth mentioning the comparatively large number of individuals whose individuals of number large comparatively the mentioning worth also is It 179 538 In general, to CEU eTD Collection 540 court. castle Lviv between members of the Olesko family and local nobles. Such conflicts usually went to the consideration of the local nobility. This seems to be a ratherwrong suggestion, especially inview of numerous sharp conflicts Wilamowski maintains that Jan of Sienno as the captain of Olesko was endowedwith the jurisdicion over the Stateman the and prince ofChurch), the Z. eds.F.Kiryk Noga (Cracow: and Secesja,2004), 289-96.M. among sons of Dobieslas of Sienno), in of Sienno), of Dobieslas sons among z Sienna” (Unknowndocument of Zbigniew Ole Oleskis and individual noblemen and families mentioned as Oleskis’ rivals in the pledge from pledge in the rivals Oleskis’ as mentioned families and noblemen individual and Oleskis the between established pledges of other large of important group a most the pledge was side. other the on Trybrody of Mathias Cebrowski, -Peter other Bohdan Cheremoshna,of JanBelzecki,of Fedko Khylchyci, and four sons Paul, Peter, Dobeslaw, and Sigismund on the one side, andfive native nobles on the her of Jan Oleski,and widow secure a betweenBarbara,the truce to L’vivthe tried captain from the registers of the uniquenessfactletters nolieson November Its that inthe other areknown of 1,1476. pledge Rus’ palatinate to of court inL’vivcastle encompassthe register was recorded the inquestion case Thepledge a pledge. of so many nobles at once. By its issue,Elizabeth daughterGologorska, of an influential noble of L’viv land Jan Gologorski. married Andreas of local nobility.Sienno entering ranksof the the facilitate to marriage Oleski’s camebrother, tolive inL’viv land as well.Along with land grants, the Oleskis used confirmedby Wladislasin III 1441. Sienno, the sub-chamberlain of landbyKingPrzemysl Wladislas Jagie family received thiscaptainship onlyinwas the1440s.Itfirst ingranted Jan a mortgage to of “Nieznany document Zbigniewa Ole document of the divisionof the estates betweenmembers of Sienno family from February 3, 1451. See, his family and their estates inGalician Rus’ consider the comments by Maciej Wilamowski in his editionof the Olesko onFebruary 14, 1442,see: register of 539 the L’viv castle court proceedings Jan of Sienno is mentioned for the first time as the captain of regionin this rule Polish consolidate to attempt an afteras viewed be can border Galician-Volynian the on thefamily Sienno the of members these of end appearance The border. of Galician-Volyhnian the to the war between close situated Olesko, of from andcaptainship derivedcastle the anditwas provenance recent Wladislas the of were Oleskis –the thefamilyname fact, land.In of L’viv part tothis newcomers also Jagie The The document of confirmationby Wladislas IIIisdated on May see:24, 1441, AGZ , vol. 15, no. 1529. no. 15, vol. , To assess the scale of tension in this neighborhood, itis useful to start with a unique AGZ Ğ nickiego z 3 lutego roku wsprawie nickiego podzia1451 z 3 , vol. 14, no. 360. For the recent scholarly highlights of the history of the Zbigniew Ole 539 Ğ 540 Itis alsointeresting that Andreas of Sienno, Jan nicki from February 3, 1451 related to the divisionof the estate From further inquiries it becomes clear that this 180 Ğ nicki, Ksi ąĪĊ Ko áá Ğ cio o and Prince Swydrigie á a M i ąĪ ZDM Stanu á u dóbrsynów Dobies áá , vol. 8, no. 2308. Inthe o in o 1432, and then (Zbigniew Ole áá o. The Ğ nicki. á awa CEU eTD Collection was further extended byincluding relatives of Khylchyckisthe – noblesfrom Ostalovychi. nobles from Khylchyci by - –weretorn in intra-familial the enmity the 1470s. experience violenceof hostile in andthatviolence in locality the in the decadearound 1464to 1476. Observing the landscape of violentvicinity, relations. it can be noted For with nobles from Khylchyci, Cheremoshnaand Chemerenci,back went asfar asto 1440s. the thatinstance, almost everyagainst theirthe clients. oldmajor enemies noble violence casesagainst charging adversaries, them theOleskis their with broughtperiod two familyof Oleskis had its – theown locality. the of families noble other with in conflicts involvement Oleskis’ the displaying Ostalovychi, the husband of of Oluchna Khylchici Ibid.,in no.927 (October 25, 1471). Theletter of pledge was 548 blamed Ihnat forpillage on free the royal in road Ibid., no. 1397-98 (March 10,1475). Khylchyci Marusia inIbid., against 1390(March no. 10, 1475);andavice versawhich accusation, in Marusia 547 ofGologory, ofKatherine against Jan servant Budzywoythe of Ianchynin Ibid., no. 1014-15 of Vovkiv, (February of Jan 28, 1472). wounding of the charges and 1476); 25, (Janaury 1475 546 545 1472). betweenKatherine of wifeKalenyk,Pidhayci, theOleskisthe ofMartin and inIbid., no.1001(February 17, between Oleskisthe Fedko and Bohdan,and brothers from Cheremoshna inIbid., no. 3617 (January 1471);4, no. 544 Ibid., in of Olesko Jan against ofSienno, 3267 (July 14, 1464). Andreas of wife of the sister the of Gologory, by Elisabeth Zhukiv, brought village the on of raiding accusation Seethe conflict. intra-familial the of case one also is There 1471). Chemerynski in Ibid., no.974 (January 20, 1472);and by PeterCebrowski Ibid., in no.929-30 (October25, no. 916(October4, 1471).Accusation of wasraiding brought against Andreas of by Sienno Iwashko 1465); by PeterCebrowski Ibid., no.902,906-07 ofStoky in (October4, 1471);by ofKatherine Ibid., Chekhy in 543 4, 1471). pledgesbetween the Oleskis, andKatherine ofIbid., no.916(October Chekhy Ibid.,in 921(October4, 1471; no. 542 close between 1482); 18, relative of (December Oleskis Andreas of1619 Syenno and Andreas-Bohdan no. of CheremoshnaIbid., in Ibid., no. in 1411 (July 1475).25, Trybrody from family the of members and Oleski Jan 920. (October4, 1471); between Oleskisthe andJohnBelzecki Ibid., in 1608no. (September27, 1482); between 541 archbishop. of menacing concerned L’viv the against the which one Sienno, of againstAndreas recorded were mortal accusationsthreats of two Furthermore, Oleskis against bylocal nobles. casesbrought the and clients their unspecified court sevenraidingviolent supply of and assaults, evidence about accusations records 1476 the legal amongviolence. period For the of1464to local noblesintheproduction of the the lead took and TheOleskis 1470s. immersed inlate1460s noble thisthe vicinity was November 1,1476. See, for instance, the pledge of peace that secured the truce between Ihnat of Khylchyci and Fedko of Fedko and of Khylchyci Ihnat between truce the secured that ofpeace pledge the instance, for See, See two cases from 1475. The Consultfirst the is charges Ibid., no. 449-50 (Marchan9, 1467); Ibid., no. 1194 (February 8, 1473). accusation of assault, brought of assault by Jan Otha on of a Sulychihouse against See lawsuitsthe betweenIhnat ofthat JanOthaKhylchyci and of SulychiIbid., in no. 248(October7, 1465); Marusiawas brought of Khylchyci by Ihnatin Ibid., of no. Accusations of were raiding brought against the Oleskis by ofIhnat KhylchyciIbid., in no. 256(October11, Seepledges the betweenPaul Oleski andFedko JarmolynskiIbid., in 1876(February no. two10, 1487); See, forinstance, the pledge imposed between the Oleskis and Peter Cebrowski of Stoky in Ibid., vol. 15, no. The Oleskis were by no means the only family responsible for the high level of noble What can be discovered behind this wide range of pledges is a wave of violence is that of widerange of awave pledges behind beWhatthis can discovered 541 546 In addition, several other letters of pledge are listed in the legal records, Itis interesting that the beginning of some of these enmities, like those 181 545 In their turn, during this turn, Intheir 547 This conflict This 543 and three and 542 548 544 CEU eTD Collection histories. Ashift from focus of level the of nobleneighborhood to amorethe nuanced inquiry individual the of scrutiny closer the under andperceptions attitudes of diverse ensemble todissolveamuchmore into violenceimage of starts a coherent of noble culture Yet, the 6.3 Diversity of experience: winnersandlosers ofnobleenmities community had a chance to be left outside a dense web of enmities and violent encounters. escapefrom impossibility itsto In influence. membergeneral,no of noble local the and violence of of omnipresence awareness formeda sharp factors –all these servants, one’s kin involvedgroup into theenmities;demand a constant for protection by and peasants significantelementof for provide localthe knowledge;members obligations of to support locala into as part of and turned aboutcasesofviolence Stories nobles. circulated gossip experience and perception of violence as one of the basic modes of daily existence of the local Romanowskis andneighbors their wereissued during period the of 1470 to1476. between secure peaceful called ninerelations thatwere to of pledges during 1470s.Eight the patrimony of the noble family of Romanowski, who were another source of constant troubles Nyemeyrza more, in once 1476. of Borschiv. Iwanko relative, by Nyemyerz’a experienced two assaults on his house: the first led by Stephen Romanowski and the second order of things.” InW. I. Miller, author argues,”… made it apart of the given of social experience; feud was in the air, it was a part of the natural 552 551 550 549 of Khylchyci versus Olukhna’s uncles – Ihnat and Iacko of KhylchyciIbid., in no. 3591 (January 1471).4, also some traces of the litigations, held in the L’viv castle court betweenFedko of Oslalovychi, his wife Olukhna written down in the register for second time a few months later in Ibid., no. 973 (January 20, 1472). There are expulsion from his patrimony. Nyemyerzaa suitBorshchiv of brought hisagainst Michno, charginghim relative with L’viv land.Tohighlight hisexperienceinenmity abitit of more, benoted that can 1471 highesthad number the imposed of pledges on (six pledges) noblesof individual of the all the Borshchiv, of Nyemyerza representative family,one the 1473. Furthermore, of years to 1470 members. of tothe Borshchivits pledges wereimposed Three among dated these eight are fiveeightitis say enmity, to enough family out pledgesthat concerned the which of internal by apart torn was Borshchiv of family the much how assess To Borshchiv. of family Compare the observations by Millerabout the social significance of feud in medieval Iceland, which, as the Ibid., no. 1496 (May 1476).24, Ibid., no. 1143 (January 2, 1473);Ibid., no. 1284 (October15, 1473). Ibid., no. 823 (April 26,1471). Taken together, Taken masstogether, this incidents ofviolence andof enmity shaped a particular Southeast of Southeast of Olesko andKhylchyci,intra-familial bitter hostilities raged within the Bloodtaking and Peacemaking, 549 551 inyears Twolater, 1473,Nyemyerza of Borshchiv West of Borshchiv was the village Romaniv, the 182 550 Iwanko organized an assault on of house on the anassault Iwankoorganized 182. 552 CEU eTD Collection 553 in modesof more pursuitlitigations. the of enmity conduct peaceful, however,other, and if judged by number the of pledges imposed on him. violence areevidently underrated forJan Korytko’s notoriety and propensity noteworthy that It is also register. leftin andWlodek court are the Korytko between of hostility the stage estate. As was quite typical for many noble enmities from that time, no records of the final hisgive introduction Wlodek of and courtAndreas to tothe summons refused Vilcze to ignored Korytko years, periodthis Jan of time forJan Korytko, two 1475-1477.During man, brother Andreas with the Wlodek of by murdered of the Vilcze, together against Jacob not punishedfor this murder. make The legal itrecords follow possible to thelawsuitinitiated was Korytko forprohibiting suggesting that aresomegrounds hostility. of the renewal There on both letter parties by been had imposedearliera king’s raid the out apledge,which despite carried Korytko outthat also pointed Wlodek inlocated Jacob meadow, Stebnyk. Wlodek’s by on Korytko out carried raid a during murder was committed the that stated Jacob Wlodek his of Nicolas Wlodekofficial an Vilcze, of enemyJacob of Stebnyk. in Drohobych. house royal peasants and against acts of regular directed Koniecpole. pillage land Besides of captain Przemysl Jacob of forests Jan Korytkothe went somost far as arrangingnumeroussuch serious offences as assault,an pillageassault on the public roads, and killing.ongroupsevenabout ofseriouswas Korytko wrongdoing cases accused. of The which listed wrongs theIt must be notedcaptain’s that of theselatefrom1478 informs the 1460s and of 1470s.Theregister Przemysl castlethe court 1468 to in locality this in known raiders notorious most offences the of one probably was who land, Przemysl concernedexample, the case of Jan Korytkofor of Consider, Rykhchyci, lifestyle. a noble their of from part the Drohobych indispensable an as district violence of of Korytko’sexercise excessive was violentconduct first andforemost meansof the conflictresolution viewedand who the conflict with the spectrum of violenceexperience anddispositions towards among nobles. royal broader much a reveals relations inimical of trajectories family and individual the into 554 (February 1476); 5) robbery of servantsthe of Jacob Kierdej on the public road in Ibid., no. 270 (March 3, 1470). 1478);17, assault 4)anon the Rafaeland house of Jan of Rybotice, whichhappened inL’vivIbid., in no.1235 1475); 3)violence towards the townsmenof Drohobychthe inroyalforests Ibid., 1559-1572 in no. (November 1468);22, 2) a andpillageraid of the royalmeadow Drohobychnearby Ibid.,in vol. 17, 1119 no. (July 19, 1468-1478 see: andpillageof 1)araid royal Pochayovychivillage the Ibid., in vol. 7130-31(December13, no. Thefact of murder is knownfrom the accusation recorded in1475 in Ibid., no. 1180 (October18, 1475). AGZ , vol.17, no.730 (January 21, 1472). ForKorytko’s otheracts of violence, exercised the during period of The instances of the excessive use of violence can be multiplied. It does not exclude, form this forof noblemen many whom make were there that The records itclear 553 Without doubt mostKorytko’s Without notoriousmurder offense of was the 183 554 In his accusation CEU eTD Collection to 1503. andfourraids violent survived himin against period of the years,moreslightly than ten 1491 providewas highly whowoundedrecords twice example Crisowice, of Stanislas the telling Janchyn. of tenant Budzywoy, heinjured hadbeenKatherineand free Gologorska, by also onthe robbed Jan royal road a few fatal reported whilethat further incident, before this as years serving an official of Stachno of in1476. of StachnoPletenycze native noble of L’viv land. To start with, Volkowski lost his son Nicolas, who was killed by Krosno wasmurdered in 1494. Clus experienced an assaulton his houseby Demeter Spykloski in 1443. in Buczacki 1441. by his house assaultinjuries from Theodor an Krosno on suffered 555 in 1472. Above all,his pregnant wife, Fyenna, was beaten during an assault waged by Jan Dawidowski a result of his assaults on housewaged by Olechno of Borshchiv andClemens Strumilo. family Clus from of L’viv land. Paul KrosnoClus of was wounded twice in 1446 and1456,as frequently some nobles experienced injury and sufferings one can turn to the case of the noble see how To its victims. mainlyas of enmity from records the emerge who and families as regarded was rather pursue to theirlawsuits whilehaving quite limitedviolence. recourse to violence In their case, wereable some nobles that it nevertheless, suggests, mightappear, Górka Nicolas as the case Nicolas Ró Being litigious did not necessarily mean to be particularly violent. The numerous lawsuits of to the to courtsthe two ofwoundingaccusations against Nicolas Mzurowskiof Strzelczice Ibid.,in vol.17, no.3320 are found in the registers of the Przemysl castle 563 and land court. Stanislas of Crisowice562 is known to have brought 561 560 559 558 557 556 him of violent expulsionfrom propertyher in Ibid., no. 1994 (April 11,1485). between 1469 an1485,only case suggests violence useof the one hisside. on land registers in court castle and recorded Przemysl his 20lawsuits, the Of actions. violent Consider the case brought by Margaret, the widow of Lassota of Myslatice, against Nicolas Ró During During the period from 1491 to 1503 followingthe cases of violence directed against Stanislas of Crisowice Ibid., no. 1014-15 (February 1472).28, Ibid., vol.15, 1488no. (May 1476).24, Ibid., vol.18, 2401no. (September30, 1494). Ibid., no. 840 (September 30,1443). Ibid., vol.14, no. 153(January 3, 1441). Ibid., vol.15, 1126no. (November1472). Ibid., vol.14, 1688no. (May 1446);6, Ibid., vol.15, no. 19 (January 3, 1457). Similar violence experiencefound of painful canbea caseof in Jan Volkowski,the At the other end of the spectrum of the experience of violence one can noblemen see can one violence of experience of the spectrum endof the other the At 563 557 Other members of the family also fell victim to the hostilities. George Clus of Clus George hostilities. the to victim fell also family the of members Other Ī a of Górka, a nobleman from Przemysl land, show an almost complete lack of ultima ratio 562 560 561 Similar examples can be identified in Przemysl land. Local land. in Przemysl identified be can examples Similar among techniques the of settlement.dispute Moreover, he himself was wounded in this clash. It is 184 559 555 Sigismund of As exclusive Ī 558 a accusing Jacob 556 CEU eTD Collection paragraph. See Ibid., 251. historiography towards the problem of noble enmity the that author mentions Strumilo’s disputes in just one this connectionit is not without interest for the characteristics of the dominant attitude of therecent Polish of Strumilo has beenreconstructed by author, drawing the mainly evidenceonthe rich ofStrumilo’s disputes. In informative for the beginning of his career inthe Rus’ palatinate. Itis necessary to take into account that the life 1464), Strumi 564 privare.” origin and of the same numberof inferiors, casting the mortal threats against him and wanting “eum colo vitaet accusation against Stanislaw Jasienski that the offender assaulted his house with twenty accomplices of the noble Jasienski inIbid., vol.18,2870 no. (August 1,1496). In thelastcase,Stanislas Crisowski in stated his 37 (May againstof Jan23, 1503); Ibid., Rostwo in no. 2154-55(November against3, 1491);and Stanislas 17, vol. Ibid., in Mzurowski Nicolas said 3320 (June 14,1501);no. no.3367(April4,1502); against the Stanislaw of vol.Ibid., Makowniow 4136- 18, no. in against brought were of assault Appeals court. the to brought were Ibid., vol. 18, no. 2996 (April 5,1502). In addition,four cases of raiding and assault against his house 14,(June 1501); Ibid.,and estate 3367 no. (April 4,1502), and against Martin Motyl,a peasant of Biedrzychof Trzyniec in neighbors. extantnumerous Thefrom records 1488 inform years the 50 1441 to about whom litigation enmity and anatural andof state represented permanentrelationship his with frequency violence. of of the theassessment correct cansignificantly legal records another sortof to findings pledges of data the from evidence in the shift The relations. inimical of scale the reflect to wellwithoutshortcomingsStrumilo illustrates pledges not their that arecertainly asto ability part of his rich experience ofviolenceIn this anddisputes. regard,thecase of George asmall only represent still land L’viv of men litigious most the among him placing permit L’vivnobility Odrowagainst the to leaderof of been have confederacy is historians the the by believed some He as castellan. lordspowerful L’viv of as highest offices,first land,holding the Lviv chamberlain and then his longbecamelife, thecaptainship.During oneof villages most Strumiloto the pertaining the captainship Kamianka in mortgage with of northern part of L’viv land, together a few Galician Rus’forparticipation inthe theirHungarian Strumilo campaigns. in obtained one of many Polish nobles whom the king rewarded richly with the mortgaged royal estates in early or 1440s asa of resulta series George of Strumilo byKingWladislas III. donations was belonged ofthemost toone families. notablein inGalicia Hesettled Mazovian the late1430s Strumilo George this. descent, By demonstrate serve Strumilo to case of will George whoseinvolvement frequentin enmities was combined with a measured use of violence. The nobles numberof aconsiderable canlocate one however, extreme points, two these Between 6.4 George Strumiloand hisenmities For the life and activity of George Strumilo, one can consult the recent study S by study recent the consult can one Strumilo, George of activity and life the For á o – przywódca konfederacji lwowskiej 1464” (Jerzy Strumi Spo To judge by the registers of the L’viv castle court, George Strumilo was a man for It can be noted from the beginning that the four pledges of George Strumilo which á ecze Ĕ stwo Polski Ğ redniowiecznej ąĪ family. vol.5, (Warsaw, 1993), 245-54; pp.248-50 especiallyare 564 185 á o of– theleader Lviv the confederation in á awomir Jakubczak, “Jerzy Jakubczak, awomir CEU eTD Collection 565 Strumilo in the latter’s lawsuit with Volczko Rokuty. land, JanChodorowski,is presented in legalfromthe records 1455 as a throughout periodthe wasin flux.constant an Forinstance, influential nobleman L’viv of complaints tocourt, further signs of inimical relations tended to disappear from the records. usually redress aimed to previous wrongs,andthe followinglegal action, whichbrought violence, after anactof that pattern acommon been have to It seems character. occasional too wide. In most of conflictcases settlement. All this suggests that the circle of the most meaningful theenemies was not enmitiesin theprocess force useof the evidence about nois there families these of For three character. were short-livedfamilies and the use experience during violentencounter of inimical with their Strumilo. Forninenoble relations of it an violencehad them of Eighteen is Strumilo. with disputes the into knowninvolved were had who altogether men only an that their enmitiesand manner. disjointed withStrumilo’s enmities and litigations appear tobe reflected bylegal in records a fragmentary StrumiloGeorge In general, verdict. thefinal or accusations of the essence the about silence keeping were highlight records informativethe few only most cases,however, a phasesof disputes the renewed for Even the was postponed. of hearing case the court the that or place hadtaken summons and bore a legal inform simply or that appeal Such records from record. a single always comes a lastingknowing the details ofmostOur knowledge lawsuits. of Strumilo’s legal ofmost cases nearly knownis what on based mainly is reasoning Such aboutlitigations. Strumilo’s all of course in the exercised the nature of the preserved lords.other of offive and subjects accusations subjects Strumilo’s capturing pillage accusations against records. The noble hisof accusations two another mortal two from expelling patrimony, of threats, truth is canadd Strumilo against important one an of accusation violence manifestations mostthese that thereStrumilo his against andopponents, six assaults onhim and hissubjectsby enemies. To are no waysAltogether, the legal records provide informationof about six assaults that carried out by noblemen and two Jews with whom George Strumilo waged the lawsuits and enmities. register two years later, in 1457, portray years men both two in register as later, in1457, portray of beingalready enmity. bitter astate AGZ , vol.14, no. 3389 (July 27, 1455). Another observation is that the configuration of Strumilo’s enemies and friends and enemies Strumilo’s of configuration the that is observation Another of 52 onlyfor 24out thedisputes essenceof the someRecords provide details about The suspicion is that the available evidence tends to underrate the scale of violence 186 565 The records, which were put into the procurator of George CEU eTD Collection Ibid., vol.15, no. 1181 (January 30, 1473). 570 pledgethe (Ibid., vol.15, no. 1097 (September 3, 1472). 569 damage. See Ibid., vol.15, no. 1139 (December17, 1472). 1472); George Strumilo accused onHai, hishouse wounding servant Clemensof in a raid materialhis and accused ofviolent George on raid Klodnoa house his in and wounding, inIbid., vol.15, no.1093(August 29, failed because of inability the to witnesses.produce See vol. Ibid., 14, no.3068(March 22, 1454). Clemens 568 567 566 changed eachotherin relationshipsthe of twothe sides during period the of 1450s-70s. the Streptiv and Zhelekhiv. Thevarious formsofcollaboration and enmity inter-constantly families from related withof two representatives the multiple contacts seen in Strumilo’s on his house and aviolentassaultaccused Chodorowski of against Strumilo Chodorowski. castleJan the court the illegal detention in Inimical manifested Strumilo areclearly relationships to brought chargeswhichGeorge the and execution of his servants. appeared in legalappeared in the records can early both the men 1440s. It be that guessed, however, they Rokuty before Strumilo Vochko and between relationship the forabout known certain VolchkoRokuty were ina from of state at leastenmity beginningthe of is 1440s. Nothingthe chamberlain,Rokuty Volchko Klodno.of The legal testify Strumilorecords George that and sub- L’viv the neighbor, his with was land, in L’viv he resided time the of most for into enemies. thedangerous turned and constantly shifting alliances in which even the closest relatives and friends could easily be and even wounds. complaint displayingin court, how muchhehad suffered from the mortal damages, threats, twice. goods the and property seizure of andviolentsides exchangedassaults Clement Strumilo. Both and George between relationships hostile the intensity of the in regardto especially revealing from decades.are two The 1470s the during andefforts records next deal oftheirenergy the a into during brothers break mortal 1440swould enmity, agreat out the consummated which between peaceful predictL’viv.and the friendly two seems that Nothing to relationships near Hai, of village royal the of holder the as records legal in the mentioned is permanently movedprobably Galicia to simultaneously with hisolderfrom brother.Startinghe 1440s the concerned hisrelationship his with younger Clement brother most Strumilo. Clement concordance were broken. were concordance Clemens accused George of a raid on Clodno with the intention of murdering him and of material damage, in See Clemens’ the denial of giving introductionto George in hisestate, which was accompanied by breaking accusation The damage. material and Cheshky of village on the raid ofa Clemens accused Strumilo George Ibid., vol.14, 3086,no. 3105, 3111, 3380, 3423, 3465,3510; Ibid., vol.15, no. 48,949. Ibid., vol.15, no. 94(May 27, 1457). As concerns Strumilo’s lasting enmities, the most important, in which he was involved hewas in which important, most the enmities, lasting Strumilo’s concerns As One should not omit another episode from the life of George Strumilo which 568 It is also reported that in the course of the enmity the royal pledge and the 570 Thus, inimical relationships can be represented asanetwork of Thus,inimical canberepresented unstable relationships 569 Clement seems to have been especially eager to present his present eagerto especially havebeen to seems Clement 187 566 A similar patternis 567 CEU eTD Collection peasants from Klodno. Volchko’s on damage material inflicting with Strumilo charging attorney Rokuty’s Volchko register, under the years An 1441 and 1444. accusation of from raiding by 1441 was advanced in the were recorded chargesraiding of two period a head.this During came to conflictthe the of parties.judgedby wasatimeperiod If charges1441-1445 (nine), when number of the Throughout this time atleast 20legal initiated incases were by L’vivcastlecourt the both 573 572 571 includingof accusation one register, in have court the beenrecorded to are known of raiding up,only particularly fiercecharges Summing three andenduring. VolchkoRokuty not were and Strumilo between hostility the during exercised actions violent the isthat records register. in inserted court the were casesvillage of Chastyn by and two androbbery pillage committed ofboth nobles peasants the on Jan Gnyewek, familiar, Volchko’s by year, the caseof For that one raiding register. peak of enmity the during 1455,when occurred six charges down written inwere castle the The second and alleged accomplices. the their wrongdoers verdictsin against resultnot court did they and assaults the of casualties the mention not do texts Their noteworthy. especially accusationsraiding of are aspects of two these Two prove hisoath-helpers. with innocence to readiness of factthe raiding expressed and denied Volchko since this chargewascalumnious, procurator which lordthe greatdamage, his suffered – andthat villages andLanivci on two –Darniv attorney alleged assault hundred the made three that numberiningmen. was upto Strumilo’s of with assault hugetimeof by Volchko accomplices, a crowd accusing Strumilo, neighboring Che in position influential his via sub-chamberlain L’viv the of office the and possessions Galician appear in islikely remainshecame his It rather obscure. acquired to that Rus’palatinate the Lithuanian boyars figures on documentthe of Unionthe of from Horodlo 1413 among names the other of who agreedhe himself camefrom Lithuania andbelonged the boyar to elite of Grandthe Duchy. He to accept the in in Strumilowas service of the 1430s.AsVitautas the is farasVochkoRokuthy concerned, coats of armsis known that It Vitautas. GrandPrince the of court atthe each other meet to hadhad occasion of Polish knight clans. How he Ibid., no. 3270 (January 24, 1455); no. 3390 (July 1455);27, 3421no. (July 1455).21, Ibid., vol.14, no. 951(January 31, 1444). Ibid., vol.14, no. 320(August 25, 1441). The episodes of from1468. in 1441to The around are attested enmity legalrecords of episodes the In spitelarge of a quite numberof impression the overall charges, left legal by the alleged to be worth one hundred and thirty marks. thirty and hundred one be worth to alleged á m land, where he is known to have held the office of the captain. 571 The secondinstance from of raiding, brought1444, wascharges this 573 188 572 It cannot be excluded that CEU eTD Collection cases from Przemysl land and (54%), for 16 of 38 cases from L’viv land (42%). in another thecontext noble, of is28 wrongas the committed 15 of an organized raid given houseson private inon publicthe or In roads. cases which injuringa noblewasaccused of substantial number of cases of wounding is as having duringrecorded occurred raids violent instance, during majorFor of raids and committed assaults. some offenses organized a quite rate high the to testify records legal The hostilities. waging of techniques important most the official by prosecution royalthe All captains. acted this to limitnoble violence. opinion localof notoriousalso the noblecommunity. wrongdoers exposed dangerto the It of likely public runagainst mostviolence the exercise of was to In addition, excessive the complicated and and ofmustering process time-consuming support was expensive.also quite violencelong form exercising for inthe a involved time, especially assaults, a of organized convinced that violence was the best and only possible way to redress the wrong. usually by taken one of partiesthe whofelthe had been particularly and wronged was assaultwas to cases enmity. thewhole throughout two Recourse or one to usually limited number of men, appear to have been infrequent. Hostilities waged in such extreme forms were andraiding,violencea large with of mobilization intheform the assaults organized of The exerciseanother. to of from stage one as theenmity passed vary couldsignificantly factperhaps for the that this by all. nottouched enmity at was royal pledges Strumilo whichlackedand Volchko, thesharpandclashes, violent accounts confrontations renewal of the activepeasants whichabout brought wounding andkilling wereinfrequent andserved as signs of the phase of an lords.relationships Organized between raiding andlarge-scale pillaging of opponent’s enmity.inimical the manifested which Thisviolence, of forms customary most were ratherpillage and theft dull character cases of petty peasants; of opponent’s theoccasional capture andfamiliars; peasants between clashes small of the raids; of thevictims were they that claiming enmityin court, plaintiffs as peasants between against attorneys, denouncing them as dishonorable men;presenting alargenumber of proceedings; court forthe fines procedural imposed onattorneys errors; charges advanced support the mundane hostility. toof by attorneysstate attechniques usual dueling Verbal and engagereluctant onmoreto personally Opponents in preferredtodraw actions. violent have lords been rather by party. appearto assault, The opposing the wasdenied which Nevertheless, organized assaults and raiding are clearly discernable in the sources as in sources the discernable areclearly andraiding assaults organized Nevertheless, The reasons for maintaining such a rhythm violence of areclearenough. Tokeep its expediency or pursuitviolent of scale the suggests that Strumilo’s case George 189 CEU eTD Collection in thecourt register under date the of May 1484.10, indigesto consiliarios nostros nobis hac inconvencione assidentes consulti invenimus.” The letterwas put down immanem nunquam intersubditos nostros audiverimus casum,superquo, ut novoet itaapud nephario nos 575 574 be case the that held, be murder the of circumstances the all into inquest an that ordered king dignitaries, king the out toinstruct set proceed with palatinethe how to capital this case. The underspecial council. his dueconsultations with royal of kingandthe the consideration Upon casecame the wickedness, and its novelty because of that, letter from learn the One can also has beenso horrendous not heard subjectsamong of our beginningofourreign. sincethe because acrime measure, aboveall possible “we annoyed are such amurder: unusualness of remarkable aswell in deepas hisrevealing atthe notoriety king’s concern and amazement from letter’s is Rus’phrasing tothe Theletter addressed palatine. January 23, 1484, nobility as well as of that wholethe kingdom.wide Its repercussion by is suggested a royal accomplices. numerous assisted by of house murdered master the the of Branicki,house then treacherously and Nicolas court record reportshomicide as well as impunity murderfor manifested themselves in mostthe visible way. The of that toleration the how of example best the Janoffers it that significant ofis equally It century. Byszow was first have in registersknown of the beencourt inthefifteenth to Rus’ palatinate the recorded invited to and murder ever of cases notorious themost of one for sure, is, This hosted attitudes. these illustrate as the guest of Byszow, committed by a nobleof L’viv land Nicolas Branicki in 1484provide evidence to in the Dobeslas palatine the Belz of son Jan, the murder of The crime. of toleration widespread the impunity for the wrongsContingent on the wide spread of noblecommitted. violence was the high degree of social tolerance and The6.5 Toleration ofnobleviolence attitudes towards cases of homicide palatinate. Rus’ in fifteenth-century the illustrate well end enmitiesto must beseen as oneof mostfeature of fundamental disputingthe process given final verdicts of the The rarity records of the cases). (three failure accusation the the of of speak or cases) (seven a verdict of lack mentions any either assault cases of of the The rest cases. in only two a available sentence of are records by the sufferedStrumilo, organized or leadfinalnot violence Of being did to sentences recorded. of 12 records raid and assault of acts the to in response initiated actions thelegal of Most court. to enmity their transferred Ibid., no. Ibid., 1720:“…de quo molestisumus supra modumpresertim, quia atempore dominacionis tam nostre Ibid., vol.15, 1743no. (July 1484).9, Afterinflicted, partieslegal usually awrong moved was the argumentsand to 574 The case greatly affected the public opinion of the local 190 ”575 CEU eTD Collection the crime of homicide can be also seen in the widespread practice of arbitration of practice private widespread in the bealsoseen homicide crimethe can of OrzechowskiJohn and Irzman of Sliwnica, inAlexander Ibid., 4254no.between (April 11, 1504). litigation the in happen to have known is failed, of murder appeal the which in case, identical of the Sanok sub-chamberlain Peter Czeszyk of Rytarowicze, in Ibid., vol. 18, no. 777 (November 14,1475). An makeplaintiffsinsignificant procedural some wereunlucky errors. enough to becausemurderers. the to unsuccessful The cases the were appeals adjudicated were even regard it suffices cases.Inthis in capital prosecuting andabuses displayed reluctance regularly who officials, to draw attention to cases where the appeals of the murder failed and the 579 578 577 576 detention. of penalty the voluntarily and accept court to summons obey the refusalsto repeated and pertinent his by all, of first manifested, was behavior unruly Christian’s convicted. the of theenduring sentence, testify contumacy intoexecute court the brought by thecourt Albert of Orlow. The series of the protests inserted in noble, the local court register by theanother bailiff of who was relative the of murder the of guilty found Pepelnyky, of Christian forfor their instance, This was, consequences case stubbornness. the of a noble of land, L’viv detention ignored the judgment. They seemed to do it without bearing any serious serveas agreed to theculprit’s sureties. local nobles four jail who from intercession to the of been due hadreleased already Braniecki makesitby from Nicolas 6,1484, year that half Thethen October clear inprison. record a year and six weeks. The case of Nicolas Braniecki notpunished only amonetary fine, for butwith also with penalty oneimprisonment the of suggests, however, that he spent lessto thethan fifteenth-century variedlocal from of ofimprisonment law. prescriptions statutory practice the the According Statutes, how far the casenicelydemonstrates The a charges. the confirmed theBelzby palatine which nobleman found guilty of Byszow, Dobeslas oath-takingof the on conditioned was and difficulties procedural some of the crime of castle. of L’viv tower the murder had to be July 9, 1484,showsthatNicolas found Braniecki was murderin guilty and imprisoned of the from of court Therecord castle L’viv expected. court royal the what from differ considerably instructions. judged as quickly possibleas Nicolas andthat Branieckiinto be prisonput untilfurther royal See, for example, the defeat of Stanislas B See: Ibid.,vol. 15, 1726no. (May 1484);11, Ibid., 1733no. (May 1484).25, Ibid., no. 1759. Ibid., no. 1743. At the local level, however, the work of justice and community attitudes seemedto attitudes work justice andcommunity the of however, level, local the At Some noblemen found guilty homicideof andsentenceda to pecuniary penalty and 578 Murderers’ disobedience was augmented in the face of the corruption of Murderers’ in the face wasaugmented disobedience court of corruption the of 576 Itisadd interestingthatthis to passed sentence was without not ą ndkowski in his accusation of murder, advanced against apeasant 577 191 579 Tolerance of Tolerance CEU eTD Collection interfecit et fecit de vivo mortuum.” ibidem nihil Mathias habuit,solus et quia iuxta nam iura et statuta habere, non scripta partem discrecionis suam annos totam perdidit, Iohanne ipso quia fratrem perdere, suum germanumindiviso secum Iohanni suo filiastro 582 581 no. 556 (December8, 1442). surprising to find that Hlibko of Khylchyci seems to have given hisconsent to Mitolynski’s proposal, see Ibid., Mitolynski appeared in the court asking the judges to give the case to private reconciliation. It isevenmore penaltythe sixtyof the in Ibid.,marks, vol.14,555. no.However, on the day,next one reads in the thatregister December 7,1442 the judges of the L’viv castle court found Mitolynski guilty of the crime and sentencedMitolynski wasof accusedand capturing hanging Alexander, him the son of said Hlibko, the freeto onthe On road. 580 inheritance. to all be of rights deprived had to fratricide, Mathias,of guilty that stated law. They estate. The reason advanced by the complainers was clear and based on the norms of statutory for money the sum of had by which been toMathiaspreviously forpaidGórka the same againstwas illegal. protested refulas They Górka’s toreturn property the them into exchange agreement the that claimed nephews Mathias’ minors. were nephews the when years the in which had by been Mathias peacefully herun and which sell had Nicolas to decided to Górka part of Crysowice, was that the agreement of The object Górka. with Nicolas had concluded Mathias againstthat court agreement the at 1479. Jan protested of Crisowice and Stanislas to Stanislas of Crisowice. The litigation was held in the Przemysl land court in the years of 1478 Jan and nephews, Mathias’ two Crisowice against of Mathias ofMyslatice and Górka Nicolas between litigation of the records bythe revealed The are details estate. patrimonial years before enjoyed the proprietor’s fullyrights and wasin managingcharge of part of the contrary, it turns property the wereprescribedthat bystatutory law for this kind of wrongdoing. On the out that the manlegal the any of hints 1470s without atthe penalty records confiscation andof the outlawry of who had been foundhis son Mathias, described as guilty of suchatsubmit hearing judgment for Nicolas court next the the of wasobligedrecord, to Crisowice a horrible Crisowice. crime family of noble within the thatoccurred fratricide case of a ten from the all.atcastle of July 1466 relates Przemysl the court 21, been record prosecuted The 1472 and 1496. attempts atprohibiting by and Statutes this practice royal the the diet’sconstitutions from of repeated private settlements despite that persisted cases capital particularly revealing werealready verdicts passed. the even ofmurderafter and their appeals withdrew start private arbitration agreedto plaintiffs the cases. Sometimes for settling capital accepted Ibid., vol. Ibid., 18, no. 1044 (April 7, 1478): “Exadverso Podlessyeczsky potuit nondixit: Mathias quidquam Ibid., vol. 13, no. 6407. See, forexample, the appeal of murderadvanced by Hlibko of Khylchyci Stanislas against Mitolynski. The sources The sources also supply of have offratricideevidence whichdo notseem cases to 582 Jan and Stanislas of Crisowice seem to have won the case and got their occisor fratris sui fratris occisor 192 . Itis really surprising thatMathias appears in 581 According to this According to 580 It is CEU eTD Collection for the whole day. hunting been had Krzmylowski, with together they, place, took merchants said the of robbery among whom were three himselfhaveexpurgate with appears to been help the Thewitnesses, able witnesses. to of sons of the palatinewas releasedof Podillia, from testified jail and that summoned on the day to whenthe thecaptain’s court to respond to the charges. He was not the one who had participated in assault. The case suggests quite clearly that the party the that clearly quite suggests in case The assault. one whohadwas notthe participated he that claimed they courtroom inthe Krzmylowski seen Having Krzmylowski. of innocence thePozna between parties: the scene negotiation L’viv citizens, who perhaps acted on behalf of their Pozna sunt spoliati, ipse cum eis cum valtribus equitabat per totam diem.” Stanislaum et Nicolaum ac nob. Trayanum factorem de Glyniany, cum quibus eadem die dum ipsi mercatores 586 585 584 583 merchants from Pozna of Krzmylowski, accused local from robbing was court thatanoble,1505 relates Stanislas manifested during the extendedcommon noble asfarperjury.the trial belongingestate to solidarity of couldmade the that be the conjecture some In cases theft. and pillage noble of practice the from drawn by examples illustrated further be can principle this homicide, means of shaltering even strengthenedgroup, bythe awareness of exclusivenessthe of noblethe as operated status, the most notorious offenders. kin or neighborhood of the support ofand network patronage, prosecution, powerful the Besides the taking formsaforementioned legal of various ineffectiveactions. The weak, and system corrupt of official cases solidarity manifestwas itselfof be able to embeddedand to inrecurrent, routine practices by isfact this important that the estate escapeadeserved penalty. noble Equally wrongdoers agreement. of the validity the recognize to them compelling and age legal reached they when court to nephews his bringing in Mathias onthe assist The suretieslocalobligation to recruitmanagedsureties took among nobles. to down the documentwrite to intention Mathias’ to hadobjected not court the that is ofamazing It fact. accomplished the agreement in have seemstobeen an Górka Nicolas and theof Mathias Crysowice transferbetween the register of the land firstfor from whenwas mentioned the of time. records the 1471, time Atthat agreement the court. property back. It is interesting, however, that the situation appears quite differently in the light Ibid.: “…qui paruit et expurgatus primum perfilios magnifici Pallatini Podolie prefati videlicet Iohannem, Ibid., vol.17, 4141no. (February 1505).21, Ibid., no. 268. Ibid., vol.18, no. 267(July 16, 1471). In this regard, the following case is worth noting. A legal record of the L’viv castle many helped solidarity which estate sensea broad point of to to like seem these Cases 586 The last Theleaves passagein impression therecord some the behind-the-of Ĕ on on publicthe The road. wrongdoer wassubsequently detained by the 584 193 Ĕ merchants finally had to recognize the finally hadto merchants Ĕ fellows. 585 583 After some time he time After some Moreover, he had he Moreover, CEU eTD Collection personaloath. See:Ibid.,vol. 15, no. 715-17 (January the 4, 1470). by taking accusation the from themselves cleaning in succeeded of them All nobles. local three against 591 590 Nicolas Dubas and his wife, in undertakenby a noble of Przemyslthe Zanko Uniatychi land, of against thecharges, advancedexpurgation, by commoner, a personal ofthe case a furnishes which court, castle Przemysl the from evidence the instance, 589 evadat…” juramento honeste one case the court judges, before passing the verdict, felt the necessity first to take counsel take of firstto felt necessity the verdict, the before passing judges, court caseone the assessors. In somecourt by granted for taken not was practiced, widely though expurgation, by himself. charges captain the to brought well for by expurgation faras theirpeers.The permission extendedas as oath-taking personal as of commoners accusation the against expurgation personal have to taken are known of theft expurgation with canbeoath-helpers found for L’vivland. caseof only one of studied time period For the of oath-helpers. is, assistance the that compared with the infrequent use of the other mode of expurgation of the accusation of thefts, personal oath. personal a noblesbytaking the successful with 1500, 10casesexpurgation (34,5%)ended of the from to 1440 court of L’vivcastle the in registers the recorded of theft accusations cases of Of 29 century. fifteenth during the local in courts of practice became the widely accepted theft were known to thathave a personal been oath of was enough for the nobles, who were charged with the crime of theft for the first time and by commoners againstnobles. themselves of accusations of theft. This was especially true if such accusations were advanced clear wanted to who thenobles for enough often wasmost of oath-helpers assistance apersonal without statutes, the oath According to noblescrime. this favor of chargedwith in nobles mentioning law Itis thatthe normsabout theft. accusedof ofstatutory worth worked 588 and Peacemaking the conditions, favorable to the stronger offender. On such cases see,for instance William I. Miller,suggests“lumping unequal it”.Itthat the resources access and to weakerpowercaused party the to to surrender 587 in negotiation with offenderthe hopesfor of the termsbargaining of compensation. or determined enoughwho didnot win the support of the captain toto start an officialassert prosecution or was not powerful the penalty by the exercise of self-will, was forced to start Consider, for instance, the accusation of theft, brought in 1470 by the L’viv captain Rafael of Jaroslaw Rafael captain L’viv by the 1470 in brought of theft, accusation the instance, for Consider, Ibid., vol. 14, no. 787 (June 24, 1443). The accusation was advanced against Stecko Brechowych de Pohorci. This provision was known to be the practice of courts of other lands of the Rus’ palatinate too. See, for See, too. palatinate Rus’ of the lands of other courts of practice the be to known was provision This Consult, forinstance, the constitutions ofL This case seems belong to to wellthe described type of disputes, knownthe in historical literature as vivit, et bonae famae existat, ita, quod de ipso nunquam audiebatur malum, pro prima culpa proprio culpa prima pro malum, audiebatur nunquam ipso de quod ita, existat, famae bonae et vivit, The toleration of noble violence and criminality is further attested by isfurther legal violence noble attested criminality The and records of toleration 589 , 244. The extent of this mode of expurgation becomes even more apparent if apparent more even becomes expurgation of mode this of extent The bonae famae AGZ , vol.17, no. 1315 (March 11,1477). 588 The personal expurgation of nobles from the accusation of . See . Ċ czyca recorded1418-1419. land, One in of provisionsits states Jus Polonicum 194 591 Some cases suggest that this mode of , 194:“Quando nobili culpa furti datur, etipse 590 Nobles suspected of of crime the Nobles suspected 587 Bloodtaking CEU eTD Collection men, he always lived honestly starting from his early youth.” As the account further relates, As account the youth.” from his early starting honestly lived men, healways solum omne bonum scio habeoque eum po bono homine, veluti ceteri homines ipsum habent.” ipsum homines ceteri veluti homine, bono po eum habeoque scio bonum omne solum 594 bonum.” omne status.” 593 inferioribus kmethonum instanciam ad se iustificare debent etqualiter Convencione in dederantad Convencionem Ascensionis DominiVysznya in prox. preteritam adrequirendum dominos existentes Ibid., vol.14, no.2822 (May “…et15, 1453): dom. Iudex et subiudex terreLeopol.cum ceteris dominis ipsis 592 his In acknowledgment. interestinghighly findby just words to inserted Paul the thePyechykhvostski Ann’s after detailimportant by hadfrom saying “the donethis is shethat ofevil inspiration people.” It noble Paul of Pyechykhvostytownswoman Ann Czudnain she that L’vivof recognizedhadunjustly court charged the with the the that account casestates of The the from can legal1499. found be ina theft record crime of the theft.man.” good a was brother She addedhe neighborhood to the of noblemen her other to similarly recognizancethat maintained an been saidbecause of anger, and heknewthat butgood nothing of his brother.” Michnofurther personal of expurgation, Michnooath claimed all that he hadsaid“had againstNemyrka, attend Nemyrka’s to court the to been summoned Nemyrka. Having brother, againsthis theft Michno of Borshchiv, pronounced on the occasion of his withdrawal from the accusation of of accused. the “nameof alsohe Stanymyr Danko thief nothingand the knew stated that only bad, but good” allegation by plaintiff.the Inhis Jacob acknowledgment, Clus denied thatheintended to followshimself textwasthe What in bytakinghis oath. repudiation the public an of justify immediately to his willingness claimed defendant thatthe relates Stanymyr. The record The record is a condemnation of theft brought by Jacob Clus of Solowa against Danko of litigations. Thefirstin of these was cases recorded on May L’vivcastlethe court 23, 1455. interplay and manipulations oflocal gossip, knowledge, andreputation in the courseof 1500.for period of the They 1440 to forinto offeringare particularly revealing insights the and by then withdrawn plaintiffs.the four such Altogether cases arepreservedfor L’viv land firstbrought Thisfrom which were of theft accusations honor. isclear noble the of concept The widespread social toleration of nobles’ thefts had one significantimplication for the 6.6. Toleration ofcrime and ambiguities of noble honor personal expurgation. tothe theright confirm did they Only afterwards local diet. at the present dignitaries the Ibid.,1468): vol. 636(April15, no. 8, “Michno dixit: quod dixi,exirasedfratre de ipso nichil mali, Ibid., vol. 14,no. 3350: “Iacobus statim negavit dicens: non apello te furtem nec scio quidquid de te mali, nisi Consider the case of Rafael of Streptow, accused of the theft by peasants of Andreas Bylina of Rapniv, in 593 Another record from 1468 gives quite similar justification words of by 592 memoriale 594 A slightly different reason justifying recanting an accusation of accusation an recanting justifying reason different Aslightly Pyechykhvostski stated that “as was known to all good 195 “had the opinion that his opinion “had the that CEU eTD Collection uideberis.” quamdiu usus fueris,non tamdiu et culpae criminisque te in collate reus et conuiciis hominum expositis te insimulauit, occideris. Sunt legitimate rationes, quibus homines de criminibus obiectis purgare se debent. His aliis legitimis rationibus? Nondebes existimare te a crimine, cuius insimulatus es, liberum fore, uel si eum, qui effugerit alapam incutiendo. Cur et a mendacii et a furti crimene nonpotius purgat se quisque uel testibus, uel haec quidem omnia. Quasi uero uel iste labem furti eluerit uerbum mendacii iactando, uel ille falsi crimen ueniam precarentur, alter, quod et furti crimenet pugnum impegerit, alterquod quasi conuicium dixerit. Ridicule XXV.3,cap. 146:“Res delata adarbitros itainter ipsos composita est, ututerque ab altero erratorum suorum 597 596 honestatem meam. Nos ipsum circa honestatem ipsius remansimus.” memoriale posuit et dixit, quod notum est bonis hominibus, quomodo ex iuventute mea me servabam et quitquamnec malideipso scio,solumquod malorum exinspiracione hominum ipsum inculpaveram.Paulus 595 theft. hehadbeenblamedfor that it case,since second time was already the the of record the into statement his including on insist to reason sufficient had Pyechykhvostski inhonor.” him “retain his accept hisstatement and judgesthe decidedto about the latter’s bad reputation. At the same time, the withdrawal of the claim allowed the allowed claim the of withdrawal the sametime, the At reputation. badlatter’s the about hissuspicion strengthened ill-famed the and activity rival, about perhaps of public opinion calumny. plaintiffhis the bringinghis madepublic of theft By opponent, charges against balanced itthen ashrewdon linethe strategy which often represented abandon of disputing aim the destroyinghisof trustworthiness. In regard,toadvancethis such an accusation and forenhanced inthe of theft further could beconsciously and course with litigation the utilized ill-fame opponent’s The noblemen. thesuspected for have consequences negative to hadsome appears however, toleration, charges. This from the of terms withdrawal the the opponent the with negotiate to perhaps preferred but end, the to intention charges their nopursuing of had theplaintiffs some cases In by peers. their tolerated werelargely being thieves reputation of andcriticized by contemporaries them. the to known well was practice this add that to is interesting It estate. noble the member of questionable reputation of accusedandthe status the of re-confirm suspectedthe as a person the re-assert could the plaintiff their accusations disclaiming need By for oath-taking. the expurgation as without reputation,of a ritual recognition good operated opponent’s the of publicby Withdrawal from gossip. oftheft,accompanied proper the accusation the consciously notonly local opponent’s flow the butalso reputation, of exploited, transformed an targeting above,accusations of kind has this suggested Asbeen crimethe theft. of such that abandoned chargeshadthepotential in work favor to of noblementhe of suspected Andrzej Frycz Modrzewski Ibid., no. 2761 (December22, 1498). describes one such case, pointing out its duplicity. See his, “Liber de moribus”, Ibid., no. 2914(October9, 1499):“Anna stans dixit: domine Palatine, ego ipsum Pyeczychostsky inculponon Secondly, the given cases seem to suggest that nobles whom local gossip cast with the The interpretation of these cases has two slightly different tracks. First,itis significant 597 196 596 595 Perhaps CEU eTD Collection violence with more than two nobles involved rarely resulted in the killing of moreviolence nobles inthe involved than with rarely opponents. the two of resulted killing untypical for the noble enmity of the Rus’ palatinate. It is noteworthy that rare cases of group Przemysl land), is known to have taken place. from the family Crysowice of abovementioned (the fratricide, of only the case one period, whole the For relatives. close the among occurred that murders of rarity the mention also guilty of two homicides. two of guilty Klodnyckis and Lubyneckismurderof Senko of Kopystno,Ibid., no.4812-13 see (Augustin 1462); the record of concordance betweenthe speakssee Mykolaiv, ofof Rafael two murdered nobles,of the in Ibid., head the vol.for 13, no. 4557 (OctoberPeter compensation pay to 7,1460); Olefir obligation and and Senko their of Michnoof Jacko Teszkowicze and recognized were Boryslav calledof Rozhorci to – Hrycko ofcompensate murder forLubinci,of the the victims falling or homicide asof guilty guiltyfound men more and two of killing Andreas of 603 602 Kopystno,see in Ibid., vol.13, 4812-13no. (August 1462). 1803-04 (June 3, 1483); Olefirand Senko Tyszkowskis are mentioned as guilty of the murderof Senko of 601 two royalservants from Borshchovychi, see inIbid., no. 2203-05 (February 13, 1449). 600 de Horbacz of Chodor son Dubrowlyany.of the See Ibid.,vol. 14, 18 no. (June 17, 1440). murderer the as records legal the from known was Byszow, of Dobeslas 599 ‘FeudalRevolution’: A Debate,” 152, 212-13. 598 family. for theMitolynski recorded murder.committing of cases repeated the for known was above, mentioned Branickis, of family the land L’viv families in both lands, who were involved in committing more than one case of homicide. In murderednobles and 25 nobles, blamed for committingIn murder. addition, afew noble figures: 17 1506. They same approximately give the for 1440to theperiod of castle court L’viv the of registers the from emerges picture A similar homicide. of accused nobles 29 and Przemysl andlandfor castle period 1506 the courts of 1436 to speak of nobles murdered 21 low periodamong in legal throughout the nobleswasrather recordsof The the question. findings of legalis itrecords, the say possible frequency to the that murderof committed support thistrustthe to bestwe aregoing to If suggestion. furnish evidence homicide the limited. itwas nevertheless was, violence noble asthe andtolerated Intense 6.7 Thelimitsof noble violence and opened upadditional for possibilities negotiations in nobles’ enmities. with played beintricately could accusations avoid Such calumny. of accusation the to plaintiff In the registers of the Przemysl land and castle courts, the following capital cases were recorded, mentioning recorded, were cases capital following the courts, castle and land Przemysl ofthe registers the In Ibid., vol.13, 6407no. (July 1466);21, Ibid., vol.18, no. 1044 (April 7,1478). Olexa Tyszkowski is mentioned as Ibid., 555 no.(December 7,1442).Wlodek guilty Mitolynski was accused on free ofraiding the road and murdering of the murder of John Kokotek Solecki, see Peter in Ibid., Branicki, vol. 18,White, D. Stephen no.instance for see, society, medieval in violence of character limited the on the emphasis the For L’viv land judge and the father of Nicolas Branicki, the murderer of Jan, the son of Furthermore, some casual evidence suggests that blood vengeance blood wasrather that evidence suggests some casual Furthermore, 599 Besides the Branickis, two cases of committing homicide were homicide committing of cases two Branickis, the Besides 601 As a further confirmation of the low level of homicide one can 600 In the Przemysl land the Tyszkowskis are attested as are attested Tyszkowskis landthe In Przemysl the 197 602 598 Cases of 603 CEU eTD Collection for instance, that the procedure of summoning a murderer to the court or declaring him guilty declaring or tothecourt amurderer of summoning procedure the instance, that for wascommon, capital cases. It reservedfor legal from somepeculiarprocedures inferred the victim. his providewoundinghis money hire totendthe even opponent agreed to wounds of adoctor to for nobleman responsible casea curious one In wererenewed. confrontations such collective highlyhave that unusual been to legal from records note it the importantthat appears to also law as a substitute for the vengeance, see also William I. Miller, William see also vengeance, forthe substitute asa law See his, England. of thirteenth-century culture enmity 607 Iohannis Thezkowsky interfecerant,” see in Ibid., vol.18, no. 1804. Kokothkovye patrem predicti Iohannis vindicando fratrem suum nob.Iohannem Solyeczsky predictipatrem mentions inslightly confused mannerthat the killing was committed “quos homines nob. Iohannes et Stiborius June 3, 1483. Itstates the compensation made to him by Jan Kokotek forthe murderof two peasants. The record 606 Kryschowycze expensis pro alias za naklad,quas fecitsuper dum medicum ipsum vulneravit…” Ibid., vol. 3305(April11,18, no. 1504): “…quia teneturdebiti decem nob. heredi marc. Stanislao de 605 434-35 (June 22, 1442). on the one hand, and Woytka, the wife of Iwanko KorenevychFrancis of Dereviatnyky,Ibid.,see vol.in 1392,1400 14, no. of (June1,1445); between Stratyn,Peter Mishychof Stratyn and her son Andreas, see in Ibid., no.affronts between Nicolas Hermanowski on the one hand, and from three brothers:brothers AndreasIwasko, of and Trzebownice,Wasko Stanymyr,in Ibid., vol.14,Danko, Jacob no. 1042 (April 3,1444); and and no. 1129 (July 1444).Other17, similarLahodiv casesof speak of Demeter between enmity the about court castle 604 liable forkilling Stecko of Letynia and sonMykhailo,his seein Ibid., vol. 18, no. 200-01 (March 25, 1471). Kolodnycia, see Ibid., vol.18, no.1303in (December 14,1479);AlexanderRybotycki ofHubyczsiolo was enactment of hostile feelings and the articulation of relations of enmity. for dramaticforum be the publicto the principal out turned satisfyingrevenge. Thecourt haveviolence,means andlitigation, appearsto major of The notthe court compensation. been murdererpursue capital against a demanding pecuniary to alawsuit byinitiating cases inenmity medievalit Galicia. late many havebeenrather the But nobles practice seems of to Of course, this does6.8 Enmity andits legalimplications not imply that a sense of vengeance from peasants Tyszkowice. on two but relatives, was alienOlexa Tyszkowski,to was avenged by the brothersthe of the murdered man not on the enemy or hisculture by Solecki, committed Kokotek of Jan murder the that however, It isnoticeable, of legal record. noble family,members of Kokotek the the was revengemurderthe for in victim explicitly stated the and Tyshkowski between Olexa case, In only capital one alsorare. force were by using seems simple It endedif happened, with such that wounding.collectivethey clashes, For the comparison, consult the analysis by Paul R. Hyams about the role the judicial vengeance played in the Consider the recognition by Olexa See, Tyszkowski, ofKrysowice. Stanislas on Mzurowski by Nicolas inflicted wounds, the concerned question in case written The down in the register of the Przemysl land court on groupfights among Forthe wounding,nobles in resulted see, that example,forlegal records L’viv of the The interconnection of vengeance and litigation in the case of homicide can be can homicide in caseof litigation the and ofvengeance The interconnection Similarly the cases showing anoble’s intention avengeto the murder of close relatives 605 198 Rancor andReconciliation 606 Bloodtaking and Peacemaking , esp.243-46, 249-51.On the 607 , 190, 231-33. 604 It is CEU eTD Collection the plaintiffs stated that they had been unable to appeal to the court immediately immediately the after thecourt appeal to to had unable been thatthey stated plaintiffs the Therefore tohavebeen victims whoclaimed homicide agewhen under wascommitted. the murder by children of initiated Onecanfindlawsuits the seems deservespecialattention. to ipsum Richcziczsky per Nicolai vita privatum.”ipsius interfeccionem proclamare Drohobicz civitate in angulis quatuor in Richczicze de Iohanni 610 ministerialem cum terrigenis est protestatum et tunc ipse Iacobus fuit in ecclesia.” interfecit Sigismundum et ego ministerialis vidi et conspexi tumulum et locum ubi est interfectus prout perplebanus me admisit;non ipse vero Matheus proclamavit super nob. Iacobum dePolodow, quiasibi fratrem Sigismundus interfectus,quem occidit nob.Iacobus dePolodow et petivitextumulari ipsum funus interfecti,sed cimiterium et inecclesiam ubi inecclesia protestatus est ostendens sepulcrum dicens, qualiter iacet frater meus 609 Ibid., vol.18, no. 794 (December12, 1475). Iohanes ministeriali in tempore et hora obduxerunt et super teproclamacionem circa sepulturam fecerunt,“ in and the relatives ofthemurdervictim JanKokotek: “Quam interfecionem Iohannis nobilis prefati Martinus et 608 four corners of town the of Drohobych” the appeal murderof against JanKorytko. the declare “at publicly to byJacobWlodek he wasrequested ofVilcze, Nicolas murdered the occasion of that murder. Thebailiff recognized that, after having observed the body of the castle, on Drohobych of bailiff the byAndreas, register court castle in Przemysl the inserted killed in byJanKorytko An interesting1475. is pieceoftestimony which preserved was provided by the is public proclamation form murderthe took aritualized of example which capitalof appeal of the case of Another as possible. as widely known of enmity state the and grievances of make thefeeling Nicolas of Vilcze,Such a form of proclaiming a legal clearlybore thecase mark of a public to ritual enacted the priest. local the of officialintervention the of because it do to allowed been not he had noted, bailiff of Jacob Wlodek intention of upanddigging exhibiting the corpse of murderedhisbrother. Fortunately,of the as Stebnyk remarked thatthe plaintiff had him not only taken tothe hadbuttomb, alsohad resolute the byfeelings had ofmurder. the The of bailiff affected while been proclaiming revenge appeal corpse of his brother was buried. Thebailiff’s further attestation how muchsuggests Mathias Mathias’ the words, to him according where, tomb the showed and church and the cemetery him said took the brother,of his recognizedthatthe Sigismund. bailiff Mathias The to against the noble, Jacob of Polodow. Jacob of Polodow was accused by Mathias of the murder 10, 1469. April on court castle of Belz inthe register the murderrecorded appeal of an of recognizance of such legal vengeance. rituals of is evidence in The question deposition bailiff’sthe of the details revealing some provides from Belzpalatinate, neighboring but the Rus’palatinate, the place near of tomb the his victim. took of homicide the Ibid., vol. Ibid., 17,1090 no. (May 1475):17, “…cum hoc proclamatum causam interfeccionis inferendo nobili Ibid.,vol.19, no. 1911: “quia nobilis Mathias advocatus deOrnathowycze adduxitipsum in Trzesczany super Consider, forexample, thefollowing passage from of the record case capital betweenthe Olexa Tyszkowski Regarding the legal underpinning of the feeling of vengeance, one kind of lawsuit vengeance, kindof of one feeling of the legalunderpinning Regarding the 609 The appeal of murder was set outby a certain Mathias, advocate of Ornathowice, 199 608 One case, which comes not from not comes which Onecase, 610 CEU eTD Collection the case see: case the Therefore, campaign. Moldavian the Jan Vyrzba during believed itlegitimatedisappeared to sue Hedwigfather, as the only ofhis available successor wrongdoing ofBudzywoj.the for Fordetails the of respond to summoned onhouse her organized byBudzywoj.Budzywoj By wasalready1499 his son, and Stanislas,dead whom Vyrzba of murderof whichthe mother, Virzba’s due to happened received woundsthe serious shehad anassaultduring accusation an was case ofthe essence The Budzywoj. said the against first case a initiated Vyrzba Jan that record Budzywoj of Volchyshchovychi. The case was recorded612 in the Przemysl Kazimierzain 1499. Wielkiego, ItSee: follows acalumny. as limit time this exceeded fromthat of murder theappeal an such text considered law the of Otherwise, the murder had to be brought withina time spanof three years from the time of the murderwas committed. normative context of pleading acapital cases. The Polishstatutory law onhomicide established that anappeal of 611 murder of theirfather mother. or Stanislaum Myreczsky coram iure, si vult sibi pro pace fideiubere an non. Qui Stanislaus fideiubere noliut.”eiusdem etut non inequitaret aut mei in post successores. Et idem Valentinus Koczmynsky requirebat ipsum debet,ut ego perpueros peramplius propinquos aut alios Abrahe interfectipro quo pro causa capite agitur fueritvos nisi per per prius ipse decretum quod Stanislaus iuxta fecerit mihi pacem possessionatas areas etin proteccionem Koczmyn meis caucionisbonis fideiussoriein prout intromissionem faceredare sum de iure paratus 614 613 Ibid., 3452no. (December9,1505). Koscziej of1500); Lashky, no. and 3421Dorothy, (June the 25, daughter 1505). of Forthe allegeda similar murderer case betweenJan Klokowski Jan Koscziej, of Nowosilky, the see son in of the murdered Nicolas importance of the statute’s provisions to regulate violence and crimes had unexpected effects. hadunexpected violence andcrimes regulate provisions to statute’s of importance the in for theirpossibilities Paradoxically, court. this increase prosecution involume and penalize various types of andtransgression as violent broadened criminal the significantly categorize and in century fifteenth to promulgated legal statutes the growing number of The dimension. interesting another had violence and litigation of interdependence The 6.9 Enmity and slander in court condition. person this declined thesideof murdered represented the children. Thenobleman who bein bythe court suednot would murderer the in thefuture guarantee that had party to forsurety childrenofthemurdered the By takingmurdered surety, person. of side the the compensate for the capital punishment on the condition that the opposite party would provide allow says to murderer hisestate introduction onto agreed to record an condition. The thatthe accept relatives to refused nobleman of becausethe murdered this reconcile, precisely the childrenofthe murderedperson. accusations small the of possible the murderer against defend an on the to obligation took murdered person often of relatives the the terms the such agreements, of According to cases. such capital concerning agreements private the of some to attention draw to interesting is also it connection this revenge be for andperhapscould maintained evenfostered quite along of period time. Consider, forexample, thecase pursued by VyrzbaJan of Bolechowka against Hedwig, the daughterof Jan The emphasis onthe under-age status of a plaintiff was important, especially taking into consideration the Ibid., vol. Ibid., 19,2359 no. (June 2,1494):instanti “Etin ipse deKoczmynValentinus dixit: domine iudex, See,for example, Ibid., no. 4361 (March 4, 1505). 614 AGZ , vol., 18, no. 2727 (October29, 1499); no.2757(November26,1499); 2779-80no. (January 7, no. LXXX, 467. 611 Such capital cases seem to suggest that the desire for 200 613 In one case the parties failed to Statuty 612 In CEU eTD Collection Nicolaus Scholthissek posuit memoriale.” recognoscere corameoetfacere, sumab ius quia ipso hoc Iacobosum iustavulgariterprawa inomnibus rebusparata malis. regredi, viceversa et venire benivole mir alias treugatam daret michi Pyleczski Iohannes sum innocens ab ipsis Iacobo filio Nicolai Scholthiskonis, si necessitas foret istius iuramenti. Et si mfus. Doms. me dehonestavit, sed non Iacobus filius nobilis Nicolai Scholtiskonis et pro isto parata essem ius facere, quia unquamverecundiam aliquam abeoaliquot suscepit, necipsumin malocognovit, sedpatermeus scitbene, quis domum patris eius violentersuperequitavit nec repercussit domum nec sibi Annam violenciam aliquam fecit, nec ipsam fecit. QueAnna personaliter recognovitet iuramentum paratafuit facere, quiaIacobus super nunquam et quod domum sibi repercussisset violenteralias roszbylquod et filiam Annam sibi dehonestaret et nescio quo Iohanni dePylcza aut coram suo iudicio pro eo, Iacobus quia superequitavit violentersuper domum ipsius Kosch Thomas nobil. prout quia recognovit, patersuus citavit nobilem Premisliensis Iacobum filium nobilissubcamerario Nicolai Scholtiskonis de SyeczeschaRokythnicza de ad presenciam dom. Derschnyak Iohanne domino 615 itfather was. who knewwell her her and ravished highly interesting and important detail to her statement by saying that it was another man who addeda She further violate herhonor. to attempted father nor her houseof assaulted the readiness prove to her by words swearing anoath, arguing that Scholtiszekhad neither Jacob Scholtiszek violatedalso and Instead, his byherAnna dishonored daughter. insistedthat recognizance, was not guiltyKosch alleged that the said Jacob not onlyScholtiszek andbrokeraided intohis house,but of the crime asThomas his accusation In of Seciesza. Scholtiszek Nicolas noble a Jacob,of son certain was alleged by herThe father. Rokitnica. recognizance of Derszniak Jan sub-chamberlain She Przemysl the of a familiar claimed Lexowka, of Kosch a of byThomas Anna,noblewoman, tothe court daughter recognizancea presented a short was put forward in recorded registerthe of L’viv the 1456. Thison August court castle piece 14, of is evidence to was evidence of pieces most revealing the of One enmity. of practice local the of aspect refute her own father’sviolence were combined in waging litigation. charges,evidently spurious accusationsviolence. of This shows howreality and the imageryof brought claims.stop before law,somethe Seekingrevengethrough didnot nobles bringingcourt to againstmost explicita additional for expandingresources and sharpeningthelitigiousness of society.the One of the manifestationsThe body law notonly of torestrainworked noble the enmity and violence, butalso offered of this excessive litigiousness was the spread of slanderous both both plaintiffthe and were pettynobles,defendant employed servicethe lords. into of great in the court registers of her native Przemysl land. In this regard itis alsoimportant toadd that unusualness because Anna’sto the or tolaying ofimpediments of recognizance adeposition due only perhaps bypurechance, court castle of L’viv the register in court the was recorded well as the outcome again.as her (or alleged)in known name The whether rapist true not Annaappeared of court of this litigation also remained unknown. It can be suggested that case Ibid., vol. Ibid., 363414, no. (August 14,1456): “Nobil.Anna filiaThome Koschde Lexowka sub generoso Some records informingSome records about casesthe of rape and abduction exemplify very well this 201 615 This is all that is known of the case. It is CEU eTD Collection deposed by Wlodek’sdeposed whocamelocal support to nobles sidein thedispute. three of testimony the arecord finds in register year, the one Underthenext 1493, this dispute. inWlodek aresome there succeededinwinning that adjudicated reasons toassume this case, sentence the noexplicitevidence about remain sources give court, unknown. Though by including king’s itsthe consideration of stages dispute, the The later held nextdiet. atthe put down a short note of Agnes’ testimony herself admitting the veracity Wlodek’sof words. scribe court the of atdebate stage is this that revealing It house. Cebrowskis’ the to his wife, Wlodekvoluntarily. thatthis alleged hadhappenedwhen hehad sent acarriageAgnes, as for hisAnnamarriage. According to version,alsogavehim Cebrowska fur aforesaid coat the wife.Wlodek Inhisdefense, Agneshad that insisted personally him pledged a promiseof defendantheargued didthat violence no to saidAgnes,the her but ashis took legitimate including afurbought coat by Rafael for Agnes as awedding gift. by that duringhissaying many raidWlodek robbed thehouseand took domestic goods, Wlodek Rafael against Seniawa extended Inhisturn, house. of accusations Cebrowskis’ the Annaclaimed also place thatthe abduction duringtook an arrangedby Wlodekassault onthe Rafael Seniawa. of to promised was already Agnes that stated also Anna Cebrowska Agnes. Wlodekagainst Wlodek, inAnna’s which crimethe with wascharged abducting of daughter, 617 616 L’vivcastle court. of the register in the December 18,1492, on recorded were of parties the arguments allegedand abduction account of A marriage.this short and clandestine interrelation abduction of of illustration the of Cebrowska Zhabokruky and Rafael Wlodek against Seniawa Bilka providesa of good of whoparents marital other preferred for theirchoices daughters. Asuitlodged byAnna one of the steps leading a clandestineto marriage.as It was employedfigured to overcomesometimes the resistancealleged, or real Abduction, nobles. of intentions matrimonial the with connected were clearly cases ofabduction Some can asabduction. be termed ofwhat rather petitioningfor permission defendto the veracity herof statementbefore his court. Jan Pilcza, of to offered werealso Anna’s recognizance of final words The of Pilcza. land, Jan Przemysl the of magnates powerful most the of of one court patrimonial before the brought been had case initially mentions thatthe record the isit that nocoincidence Therefore Ibid., no. 2272 (January 5, 1493). Ibid., vol.15, 2262no. (December18, 1492). Wlodek challenged this allegation by presenting an alternative version of events. The Two other cases in which the involvement of the spurious claims can be suspected speak besuspected claimscan spurious of the involvement the casesinwhich Two other Afterwardsjudges the decided transfer judgment casefor the to to king’sthe court, 616 The account starts with an accusation by Anna Cebrowska 202 617 In their In CEU eTD Collection crime ( crime ( following by abducted by his tracks assailant the saidJan,Andreasgavechase, the recent hisguilty his recordrelatesFurthermore, the having seen wife of kidnapping wife. that culpability seem toThe crimeprove Jan waschargedevidence his courtto and presentedtothe with the have been serious. againstNagwasdan, nobleof Jan, court Zhydachiv L’viv castle district. the of son Iuchno Andreas of Sienno 1471, Andreas arepresentative of Sienno, family, of localthe lodged magnate in asuit the claimed that Jan Nagwasdan was the capture of Jan. It is also silent about what happened to Andreas’ wife after the abduction. peacemaking. yieldingnobles endedof Nyesluchiv, the up aboutattempts record, information at on inlawsuit, which an broughtof Jan Orfyn accusation abduction the of hisof against wife 620 619 618 and kidnapping his wife. himself from assaultingestate charges of Nicolas’ expurgate upapreparation to took latter the after Jazlovec’ Vavelnytsiaof Michael and of Nicolas between inthe dispute further arerecorded actions noinstance, For helpers. defendant’s his prove determination by swearingto honesty anoath and oath- presenting infaceof claims their surrendered someseems easily plaintiffs that It expurgation. of for thepreparation process the defendantof courtor plaintiffbringinga chargestothe the ofa of muchusually neverbeyondsuch caseswent Records evidence too stages the weight. fifteenth-century Galicia. can Still, doubts be raised in regard toallowing some of this in of interesting the of practice abduction the features as can be of most one the considered in of Wlodek’s matter his marriageconduct the Agnes. to of character andvoluntary peaceful non-violent, onthe insistence isthe recognizance this from inferred be can which sense The claims. his laid had Seniawa of Rafael which to fur coat the wearing from carriage the out got Agnes how saw they that They testified their wasincludedinto testimony. An interestinghad detail there. Agnes arrived carriage with atthewhen time Wlodek, in company exactly of Bilka,enjoyinghad the present been recognizance these nobles claimed bearto witnesses to the following fact –they said that they ferventi vestigio gor alias ferventi Ibid., vol. 15, no. 786 (January ¾, 1471). Ibid., vol.14, 1236no. (November26, 1444); 1251no. (December11, 1444). Ibid., no. 3517 (March 31, 1470 - termini regales). As mentioned beginning,somethe In bespurious. couldapparently allegations was at A number of cases reports about the abduction of women who were already married. This married. were already women who aboutof abduction the reports of A number cases cum facie 619 ). The record does not specify what sort of evidence Andreas discovered at ą czym kopythem ) and captured him ) and captured material with ofhis evidence 203 618 Another 620 CEU eTD Collection 621 one hand, the statute law came to recognizeremarkable how lenientthe was Polishseriousness statute law was in prosecuting calumnious charges. On the of the problem of calumnyevidence suggesting intensity thehigh of disputing in local the society. In this isregard, it in the and are accusations contumacious spurious society. widely The contemporary spread charges of abduction can be seen as the logical consequences of the excessive litigiousness of the honor of all the actors, regardless of the honor, whichrole had been damaged as a resultthey of charges of abduction and detention.played in such Itcannotbeavenge excludedcontent. this by was unleashed suitJan Nagwasdan that to his litigation. Some of of thebutNagwasdan’s claim,unfortunately providesinformation record the noits factual about totheseriousness Siennowskisthe against byNagwasdan.eightcitations This attests brought surprisingly, Andreas’wife,Katherineof against also Gologory. Siennoand, Andreasof Nagwasdan against of Jan counter-suit of the traces contains register violent conduct and false hisrestored honor tohim.is It Andreas noteworthy that of Siennosuffered nopenalty for his appeal. It is also notbe innocent judgesof declaredJan to the depositions, alleged the Nagwasdan and crime without interest that under the same year the account. veracity Iuchno’s of court andconfirmed came the hisandprotests to arrest to son’s Nagwasdan aswitnesses facie the witnesses to display failed to had familiars Siennowski’s protests his son’s to response Siennowski’sfamiliarsin hewasseized. Iuchno further when specified Nagwasdan that unjustnessthe of by his capture claiming noevidencethat his of guilt had by been discovered observors wastomakepublic suchprotests The aim of theevent. watch to who came out againstlocal his nobles illegal the of protested before andcommoners, detention character Andreaswhich Janhad detained of bythefamiliars he of been carried Sienno publicly in In all addition, villages hehad villagethe through and towns beencaptured. where the proof of Jan his Nagwasdan madethis protestin crime. presenceof inhabitantsthe of the all asalleged were presented that thethings ashis all acknowledge to his sonrefused capture momentthe of Nagwasdan saidthat at Iuchno of Sienno. byAndreas presented events, Ibid., no. 829-30 (April 26, 1471). The father of the alleged culprit vigorously objected of to thecharges course vigorously The father the and allegedobjected the of culprit , on which Jan’s arrest was based. All the persons, mentioned in the speech of Iuchno It seems that the pursuit of claims of abduction in court was potentially damaging to witnesses’ the of basis the On judgment. formal the with up ends record The 204 621 The legal record mentions Thelegal record CEU eTD Collection et de calumniato.” 623 homicidii commissi ante multos annos querulose accusare.” in capital cases: “Consueverunt etenim multum quidam litigiosi calumpniose viros innocents de crimine 622 disputingdifferentvarious whichstages, eachemployingprocess techniques. wentthrough by of noble canbest limited character the violence beexplainednoble viewing a enmity as communities. noble theincessant placereflected power, and struggle forstatus, the resources in took that local the own positions andchallengedtheviolence positionsothers. of recourse to Thepermanent violencetheir and exercisethe nobles asserted of Through self-esteem. measured their status noblemen which by way significant most the was violently act and self-will assert to capacity medieval late of nobles of life in the violence of Galicia omnipresence The society. noble in communication renders the image of that and identity. of ethos noble the criteria society as a plaintiff’sworld of intense own which be failed to and proved arousedasuspicion thus beingof purecalumny the undermined trustworthiness Charges social honor. own plaintiff’s for consequences ruinous but strife. unintended had accusations – a qualityThe which includingcost, However, wives’ bringing honor. damage totheirand daughters’ such was otherwiseandhusbands whowereready pursue suits as calumniators, unscrupulous to endall to the at valued as one fathersin someof arequite consistent casesof society. Moreover, the representing of abduction the basic undermineto fundamental the of ties solidarity trustwereneededand that tocementa noble in revealedlegal thesuch courseof The actions. force of charges apparently disruptive tended the veracity of claims and proofs and how much suspicion of calumny from all sides were process. legal dishonourable manner –by cutting off his nostrils. slander if of from Only convicted himself/herself andtothecalumny). person whoexpurgated court for the marks, to paid three fineof for asmall (except punishment serious escapedany charges, the fourth itsrespect. By condemned acalumniator, provisions, for bringing three times slanderous Nieszawa from Statutes 1454 and byKing confirmed in Jan Albert 1496 is inexemplary time this the by enacted norm legal fifteenth-century major The litigation. of course the on was effects its such a person to be severely punished in the most See the text of confirmation by Jan Albert in Consult for instance the passage of the paragraph of the Statutes of Casimir the Great regarding the calumny At the same time noble violence was by no means unrestricted in its The means violenceusage. wasbynounrestricted At noble same time the To sum up, violence figuredprominently among the meansandforms of social The provides how much clearevidencedescription these cases of of uncertainty about 622 On the other hand, it appeared to beprovide for unable hand,it diminishing rules to appeared to Ontheother VL, vol. I,p.115, col. 2:“De calumnia objecta, de calumiatore 205 See: 623 Statuty Kazimierza Wielkiego, # LXXX, 466-7. CEU eTD Collection assert one’s right in a conflict. right assert one’s sentences, self-help, of enforcementsuch the proper guarantee not deliver andcould final sentence a failed to built on usually Inasituationcourts court. the where be byappealtothe felt restored not party could the use of violence,most common aims behindthe use ofviolence was an attemptto redresswrongs which one often remainedcauses the of onlythe thrivingpossible major have of justiceone been the appearsto of administration Theineffective legal process. formculture to of noble violencenegotiating newterms. in late medievala newGalician reality Rus’. One of thatthe emerged as a consequence of the violent pursuit, or at least to start way violence could be used to create anew create be usedto could violence way previously existingof state relationshipthe provokean could outbreak violence.of Inthis the in which ruined crisis arelationship In general,in every stake at the dispute. the was thelegitimacy rightof purpose claim of served the Violencequestioning that a rival’s or Another dimension was also visible in the interconnection between violence and the and violence between interconnection in the visible also was dimension Another status quo 206 and force the opposing party accept to party force opposing the and CEU eTD Collection in thefeuding cultures of medievalEngland: Paul R. Hyams, 624 words: “Inotwords: deny do if introduction,butthe he is [Neslukhiwski] damage to going the recognizance saysthat justified Balaban his behavior before thebailiffin thefollowing hisintroduction had it onto record The villageof Stratyn,of beenadjudicated as bycoourt. which onefrom is of thebailiff’s recognizance, litigation crucial the Balaban.and The record Iwashko can learn evidencethe oflawsuitfrom 1494 between nobles two of L’viv land – Hawrylo Neslukhiwski thatis case such One hostile emotions. of articulation a developed contain Onlyafew cases rare. Iwashko are rather theirintentions enemies towards hostile theirin expressed which people and words Balabanminatur interminere, invitamsuam minando like terminology, conventional refused and schematized very a beyond go to in of detail.their sort descriptionsemotional this In of did notariesattitudes, not courts of the give Hawarylothreats. Neslukhiwski ofmurderous inaccounts bedetected can attitudes emotional ofall these of shame –traces involved in play the of enmity in the latemedieval Poland. Feelings fury,of fear, arrogance, an Furthermore, the evidence provides of public threats alink world tothe of sensibilities other redress vengeance,for expressive in injustice the urgedto and a particularly way. bid strong apersonal articulated state of hostility, the verbalized which vocabulary emotional by noblemenfifteenth-century in the Galicia. bodilyserious backgroundthe of constituted injuries emotionalthe language of enmity used late medieval Galicia. Murderous claims tonoteimportant evidencethe of such threatsin of theirenmities accounts anddisputes. threatening to doing whyandonwhat inquire Iwill the occasions consideredit of local notaries the courts put the adversary the importanceto of thedeath legal context in which this kind of emotional expressionsor operated. In soinflict concerns that can be discovered behind the practice of enmities. Second, I am going todiscuss two aims. First,violence and litigation in the fifteenth-century social of Rus’ palatinate.I context Morethe specifically,in want discourse Iwill pursue emotional of traces the examine will toI chapter this In address the problem of public threats and the set of emotional For acomparative background it is worth consulting Paul Hyams’ analysis of the language of social emotions Chapter 7 – Public threats and uses of emotions in noble enmities innoble of emotions uses and threats 7–Public Chapter As a rule, the court records speaking about the public threats are quite short and poor short arequite threats public the speaking about records court the As arule, in enmity of culture of noble the elements essential as canberegarded threats Public 207 or 624 machinando This gives an understanding of the basic the of understanding an gives This Rancor and Reconciliation . Records that specify the phrases diffidare, minasinferrediffidare, , 34-68. , CEU eTD Collection 628 627 626 Deo,quod ipsum suspendam aut ad porciones secabo.” 625 home, nor visit a church or a sleepfield, bailiff“not to at inof Wilhelm presence court the the hisadversary reported that warned since he wanted kill and is betweendelivered brothers -Wilhelmand Nicolas inadispute of Grabownica. It two put Nicolas to death.” by example fromis from provided court Sanok the a record It tells of 1457. threats the cut himintopieces.” him,or I shallsuspend something IswearGod, there, interminere, manusetpedesamputare servants: his rival’s of legs and hands the cut off to bythreatening another hostility towards his expressed adversary case,one another ipsum turpiter dehonestavit inpresencia multorumbonorumhominumipsicominaciones et bitchof and putby him to death:promising to rival, Deshniak,insulted Stanislas him beforemanypublicly people good by calling him a son the noble Derslasother forms of symbolicof violence such as verbal insultsBig and public shaming. In one complaint,Zurowiceif became with combined evident threats particularly meaningmurderous violence.of This relatedphysical or material to complementary as to perceived were theclaims public such identity, captain during role inshapingthe noble account the intoviolence cult of of the Taking violence. symbolic the court hearings that his machinaris insolitas inequitaciones sibiquesibi inbonasuasepiusacinfers admortem more his estate killhim andfrequently to and in threatening house: more his complainanthisreported tothecourt,for example, that him, rival disturbed regularly ridingto One annoyance. emotional as a causeof presenting them of the threats, character repeated the on emphasis special put threats denounce to court to brought complaints Some adversary. of an discomfort emotional and intimidation the to added threats of delivery Regular enmity. indangerfeeling of himself/herself declaration constant the which he/she found after of and situation the adversary the to convey to designed were posture hostile someone’s out set that emotional andwords that attitudes insecurity. suggests also of with This overall a feeling in infused relations hostile process delivering threats of constructed the emotional context Neslukhiwski and between Nicolas and Wilhelm of Grabownica demonstrate well how the Ibid., no. 1225 (June 25, 1473). Ibid., vol.15, no. 523(July 24, 1467). Ibid., vol.11, 3375no. (August 18,1457). AGZ , vol.15, 2392 no. (March 21,1494): “nondenego intromissionem,sed, sibi ibi aliquid recipiat,iuro By strengthening as murderous operated theaform feelingof threats danger, of The threats advanced in the dispute between Iwashko Hawrylo Balaban and between advanced inthe dispute The threats . 628 . 627 quomodo ipsehominibusquomodo ipsius minatur diffidat, 208 ipsum Derslaum meretricis filium appelavit et 625 Another telling Another quomodo tu 626 Yet, in CEU eTD Collection coram hominibus quampluribus bonis example, For his menacinghim Jan of thisaccused Gothard pattern. Crukynychi cousin of of confirm also theexistence ofthreats accounts Other adeclaration. such during audience presenceof an the from out pointing follows explicitly which conceived aspublic enactment consciously been have seemto Threats adversaries. between existing of enmity state the one of threatswas publicize principal the murderous a wideraims of to manifest and to public language of enmity. integral part of the an was thus of whoredom The rhetoric inbeating house Alexander’s and with hiswife words. resulted that defaming dishonorable on assaultled an Conrad claim, plaintiff’s the to According violence. of act the committing for blaming him againstConrad, court the Alexanderappealed to secondthe record 631 (2001), 102-104. her naming by Katherine wife Conrad’s dishonoring and beating men the housebroughtby Conrad ofCusenicesays his against rival. Alexander how It raided his with three of Conrad on isin female honor noble of thecharges management firstrecord enmity. originthe and The his possession of significance tostressing the regard similar with strikingly are andConrad Alexander of Long Zurowice.Small Orzewice and Conrad of Cusenice. Both accounts of the violent actions carried out by The relating by detailsmutual the localAlexander of nobles assaults raids and committed two of – assault culminated from local andDecemberof 1462, records two of court Przeworsk October the consider the in sexual reputation of adversary by the stressing hisillegitimate origin.As example,let an us defamatory targeting with the words slanderous, violence enmities, started and legal disputes, andhonor gender ofinimical discourse for the symbols A number relations. of considerable of female, concept of the sexual, importance crucial the Big especially demonstrates Zurowice only butas dangerous, also asshaming anddamaging arival’s reputation. not were regarded themselves Threats have and notto been insults a coincidence. seem threats emotional context of the hostile relations set out by the threats. such emotion on insultingtalk, centered andcomplemented shamingtheopponent, the 633 632 630 629 minando multas inproperaciones faciendoetinvitamsuam Ibid., vol.17, 1875no. (December22, 1483). Ibid., no. 5047 (December29, 1462). Society,” Late-Medieval in Institution Social as “Hatred Smail, Lord Daniel instance, for See, vol. Ibid., 17, 2048no. (March 31,1486). AGZ , vol. 13, no. 4991 (October 7, 1462). 7, (October 4991 no. 13, vol. , Stanislas Derszniak’s threats against Derslas of Big Zurowice also demonstrates that demonstrates also Zurowice of Big Derslas against threats Derszniak’s Stanislas The case of andinsults,by brought threats the againstDerslas Derszniak Stanislas of . 633 Threats lodged before the court bailiff, as seen in 209 . 629 It is important to point out that out point to important is It 630 meretrix alias meretrix kurwa. The linksbetween close Speculum 631 76 In 632 CEU eTD Collection Miller, William See England. ormedieval Iceland medieval ofthe case the consult comparison, For cultures. feuding 636 tothe brought Szerszen, andNicolas of Zurowice Derslas in casebetween the instance, for be can found, threat of letter such of Traces palatinate. Rus’ the of century registers in the fifteenth havesurvived this of practice his/her raretraces enmity.for claims Some to legitimacy with therivals providing of one away of wereseenas Such letters register. court the into down them writing by and letters written of form the in threats the spreading through as theenmity set out apublicevent. thus open hostilities. intothe Threats andandrelationships hidden conflictual latent explicit In general,marked publicthreats animportant pointturning in a dispute.They transformed violence. of exercise legitimize the to were viewed asmeans forms threat of such character him injuredhad as he in passed marketplace the L’viv.through The fact that an enmity did not ensue from the of essence it wastheverbalinsult symbolized thebeginning which ofan enmity the and constituted fact, as beinferredfrom violence forms a numberof –verbalandcan physical.records, of In Regali civitate perplateam transivit persuam necessitatem Dimitrde Pohorelcze in nonparacione pro eo, quiastans secumiure in nondiffidando sibi, duminLeopoli 635 predicte.” domum Thome opidani ipsius Zophie et evaginatis galdiis seccasti et fregisti hostia pallacii et stube domus opidum Prochnyk sortis Zophie et cum eisdem coadiutoribus inicium faciendo turpibus verbis irruisti super 634 latter the that Pohorilci of Lahodovskyj violence. instance, For Iwankoof Stanymyr mentioned inhisDmytro chargeagainst of character illegal of the sign an additional as considered sometimes was notification, publicizing violence –the legal frequentlyfoundanother category in in sources meaningsthe andfunctionits of of state enmity. with familiar the audience ofmaking alsoservedthesame awider from casebrothers the purpose of Grabiwnica, The importance of the public, overt character of the pursuit of a feud can be seen as a universal idiom of Ibid., vol.14, 1129 no. (July 1444):17, “Iwanko de Staminirdeputavit actor secundo in termino nobilem Ibid., no.2558(January tu“quia cumsex 27, 1494): tibi similibus et totidem inferioribus superequitans super Bloodtaking and Peacemaking, Later, during the sixteenth century, it became the rule to publicize a state publicizeof enmity astate rule to became the itcentury, during sixteenth the Later, The open menace cast by one of the disputing parties seems to have been quite close to because youbecauseyou six with and similar inferiors to samenumber the of cut off cut off and broke of doors the giventhe house swords anddrawingout Sofia, said of the house atownsmen Thomas, of and your made iniciumwith supporters in againstoffensive the words invaded Prochnyk,namelythatpartof the whichtown belonged Sofia, to inicium : inicium 249; Paul R. Hyams, . The non diffidando inicium 210 inicium … also exemplifies a connection between two Rancor and Reconciliation ” . 634 or public threat, butwasactedwithout publicthreat, or (without public threats) assaulted and public assaulted threats) (without 635 Due to its public overt , 6. 636 CEU eTD Collection interficere voluisti.” Gregorius doms. quomodo Archiepiscopus Leopoliensis detexitquerelafacimus, in quomodo tusuperveniens supereundem Archpm. notum Ipsum Syenno de Andree strenuo et generoso generalis Russie 640 deliberavi, hoc faciam, si eciam sexaginta florenas apponere debeam et Nicolaum Raskowsky interficiam.” 639 638 reponebat.” fraccione propterdiffidacionem quam erga eundem Derslaum literaliterfecit, quas literas hic coram actis 637 meaninglegalon threats courtroom, In the took of a the public such publicthreats. offence, death. put theL’viv archbishopto Catholic to threatened even noble alocal once that reported for example, sources, The ecclesiastics. or officials placed highly kill to promise the of form in the instance, for adopted, when evident court. letter to the this Nicolas presented of his allegation proof hissupported bysayingclaim thatdefendanthis in hadput threats As form the of letters. a conduct wasexpressed inanillegal pronouncement of an enmity against Derslas. The plaintiff unruly defendant’s the charge, plaintiff’s the to According land. the of law the to disobedience ofbreaking royal in the was Nicolas andof pledge court Przemysl castle 1492. accused even if I haveRoskowsky kill to to going am I pay do. will I the conceived I sixty what that florins.”vice-captain, sir the tell bailiff, “You, words: with following the bailiff the itto Kamienieckireturned mandate, captain’s upon taking that the and reading bailiff recounted Raskowski.adversary, The Nicolas his of charges court Kamieniecki to respond summoning to the to mandate, captain’s deliver the cameto bailiff The Kamieniecki. Jacob with acertain encounter bailiff’s court the into an interesting of canfindinserted means. Undertheyear1495one register account the wrongdoer’s determination challengeto thecourt’s decision and pursuejustice by extra-legal Kalyshany. Nicolas Romanowski against advancingwhile his adversary, athreat of Sigismund impunity wrongdoer.the of “I killed his servant, and Iam going kill to him as well,”boasted violence. Suchboastinginvolved set another of emotional strengtheningattitudes, the sense of showing thethat opinion neitherinfluencing aimed makingof violence,hostility. wrongdoers boastandthreats apublic at By of thethe rendering in the threats local form the claiming boasting, public of the man’s tocontinuevictimdesire the community, nor royal whojustices closely werefollowed able tothe uphold course theof thechallenge enmity, byof Ibid., vol. 1194(February 15, no. “Raphael8, 1473): deIaroslaw Succamerarius Premisliensis et Capitaneus Ibid.,vol.17, no. 2684 (March16,1495): “Ettu miniterialis dicas domino Vicecapitaneo,quia quod Ibid., vol.15, 1289no. (October22, 1473): “…interfeciservitorem suum et ipsum interficiam.” AGZ , vol.17, 2437 no. (April 9,1492): “Quapropter attenta prefati Schyrschen inobedienciaiurique comunis A complaint to the court was one of the mostimmediate consequences of producing The intention to present enmity as a public event were also evident in of case evident were also event enmity as apublic present intention to The 638 Some evidence of such boasting exemplifies in a particularly explicit way the way explicit in aparticularly exemplifies boasting such of evidence Some 639 A similar hostile and arrogant stanceis alsoclearly A andarrogant similar hostile 640 211 637 CEU eTD Collection great and intolerable injustices and threats against him by the royal captain, hehis captain,fearedfor royal himby against injustices andthe and threats great intolerable becausethe kingthe that of A Ruthenian noblecomplained to whilepetty threats. denouncing emotionalsuch responses to violence.promises of The sources speak quite frequently fearof common most the of one Fearwasperhaps court. the to complaints frequent by their against violence.very physical them threats isseriously, People usually took which attested actof the into couldeasily turn andthreats insults verbal the that possibility excludethe concordandum stating that the rivals were allowed to locate friends who could makingstart peace by invitedassessors to parties the court the Meanwhile incaptain help Sanok. them bring the enmity the arrival of the of for anindefinite until period time hearingwas postponed case the of the important, is particularly and,what court, to brought wasthus dispute captain. The the words of wasone of brothers the quickly pacified byahigh by imposedon partiesthe pledge threatening and anger hot of display initial the above, mentioned Grabownica, from brothers between enemies. It is very revealing, for example, that in case of the enmity between the two arbitration private a for starting conditions favorable the create to intention court’s the see move onecan clearly Behind this enmity.of further escalation the prevent to functioned thebody guarantors, by of The pledges, sometimessupported additionally of obligations parties. high the between was of pledges peace court establishmentof the to bringing case the beat the bailiff, nicely put it: resultedthey ofviolence. in noble, of not Asone threatening to accusedinthecourt did acts category which was used in court. the wasused category which alegal represented also but enmity,in the involved of state people the only emotional the 644 facto.” pro iudicatur non voluntas 100. esp. 643 Institution,” Social as “Hatred Smail, Lord Daniel see: stance, legal and emotional an 642 641 illum diffidaverit inmortemque machinaretur land:the Some records specificallylaw.as in againstthe wereregularlyoffences court the denounced threats murderous the presented fifteenth be Duringcentury to continuedthe courts. through the which conflicts the allowed public threats as going against the norms of the law of Ibid.,vol. 11, 3370no. (June 17,1457); no. 3377 (August23, 1457). Ibid., vol.17, 2257no. (June 23,1489). AGZ For similar meanings of hatred in the enmities of fourteenth-century Marseille which simultaneously denoted simultaneously which Marseille offourteenth-century enmities in the ofhatred meanings similar For , vol.14,no. 108(October“Ipso vero28, 1440): respondit, quod voluit percutere, sednonpercussi et What has been said above concerning the relations between threats and courts does not does courts and threats between relations the concerning above said been has What Perhaps themost tangible implication of asdenouncing the threats offences and obmisso iure communi, in quo cuilibetpassim agitur iusticia, proquibuslibet iniuriis . 644 voluntas non iudicatur pro facto 642 Such threats were barely punishable, however, if however, werebarely punishable, Such threats 212 . 641 Thus the Thus diffidatio . 643 or minae expressed not expressed ad CEU eTD Collection 648 647 custodiens se ante ipsum tardavit laborem meum ac alia negocia mea velut viginti marce et totidem damni procuratoris mei fecisti eum interficere. Et idem filius contradixit procuratori meo, qui procuratormeus 646 secure.” sunt non manere mutuo omnes cominaciones faciens iniurias et cominatus esses atque diffidares eis omnibus ita, quod indomibus eorum propter tuas 645 estate. his at staying insecure felt and life of of menaces by himCorythko stopped from seeking justice in court. allegations broughtagainst himby his uncle, pointed Stanislas Corythko, out onlythat his fear Forexample,courts. Jan respondjustifyingRychczycki,his in unwillingnessto courttothe to ignore asummons to excuse as sufficient in courtroom the be could presented another existimans Turcos vel Tartaros Tatars: or Turks in for house herfear,Elizabeth fledfrom invaders of that out estate takingthe a great the wouldhim put death. The recordalsoto includes particularly one detail.revealing Hepointed hisduring exclaiming soughtout intrusion that thathe the wrongdoer the opponent, threats who miss of gavean in invasion the not account courtroom, the didanopportunity mention to victim’sprocurator, The October 26,1498. on register in court castle L’viv andthe recorded John on Jacob and neighbor, by Elizabeth Zelekhiv Neslukhiv arranged their of of Mschishek exampleassaultviolent aTatar isby narrative of raid. furnished or the Agood inthis regard neighbor ahostile by led invasion an was it whether identify to hard quite was it Sometimes from sides. all expected was violent assault of danger The Galicia. fifteenth-century in of daily routine the werepart fearviolence of and expectation of constant people. The doubt ofdeeplyfear sensibilities violence the inhabitants Galicia. of without The penetrated in viewunderstandable of widespreadthe of violence in life daily the of fifteenth-century the lord’s rival,businesshis quitin and service order to save hislife. embarrassed him with threats. An official of the noble, threatened with death by the son hisof in court about his fear of making asecond visit to the estate of a nobleman who had the fear that because of man”had Bartkowski against “good the tospeakout he that hadbeen provoked stated grown out of Bartkowski beenhadin jailand suffered.put Inhis confession anonymouspersonfurtherthe murderous threats.inculpated a certain Andreas Bartkowski of the crime of theft. As a result of those accusations As canhe had that unjustly L’viv court the castle before acknowledged 1501 unnamedperson be inferred from the text of this Ibid., vol.17, 3372no. (May 1502).2, vol. Ibid., 15, 2735no. (October26, 1498). vol.Ibid., 613613, no. (October 1466):29, “filium tuum Vasyl mettercium cumcomminans superdomum Ibid., vol. 2501(July17, no. “quomodo 16, 1493): suis etamicis prefatis magnastu sibi et intollerabiles Therefore itisTherefore surprising not murderous that by a threat spoken one litigant against Fear aroused as a consequenceFearpush aroused could of athreat people also asfarcalumny. In domina ipsius Iacobi Elizabeth pre fugiens magnoterrore violento . 647 645 In another record one of bailiffscourt spoke the of one record Inanother 213 646 648 Suchattitudes are quite . ” CEU eTD Collection filium meretricis, que ministrialis auduvit.” me interficere et percuciens me volens, ut nunquam contra te essem et deturpasti me verbis turpibus, asserens me levioribus extrasti me de domo meaet incalcasti me in littum ante domum et fecisti michi violenteriurare, volens 650 menciebarsuper ipsos sicut canis et nichil de ipsis mali scio, tantum quod sunt boni homines.” videlicet …Barthkowsky locutus sum ex tim[ore], neme iinterfecerent unacum frtatre suo Martino, sed tamen itaque [adpresenciam] dominorum dixit: domini, quidcumque sum locutus [contra] hunc bonum hominem Barthkowsky [pro] furticiniis, quiAndreascarcerique de…in positus etmarter[isatus] minus iuste, veniens 649 in by however,quite According rarely people. homicides. other Suchmortal resulted threats, lives been hadthreatened their that tothecourt noblemen complaining of are full voices the feature violence noble of fundamental Kingdom inthelatemedieval of Legal Poland. records allegation against Strumilo with testimony by the court bailiff. son ofbitchputhim death.and threatening to back claimedhis Clus to uphis readinessto a him calling Clus, insulted also Strumilo actions violent his of course the In Strumilo. against Clus was violently dragged out of his houseand forced to swear an oath hethat had nothing by If humiliatingtreatment couldparticularly one makesense from aggressor. his account, the stated that he was the victim of a violent raidby his adversary. The intrusion was followed by present men”. andknew “good these brothers at nothing badabout the Bartkowskis’ “as adog”against spoken hemaintainedhadslander that previously Martin.At moment the however,deposing histestimony, of anonymous the person himbyBartkowski murderof testimony, against threats and his the hadbeen brother cast Strumilo, written down in the L’viv castle court register on January on register 3, 1457. inStrumilo, L’vivcastledown court written the Clemens Krosno by against brought Clus of forPaul instance,of was a allegations case, andbetween linksfurnishphysical This threats assault. showing close evidence subsequent Thesources honor. totheir and damage humiliation victims’ the with violence of narratives accompanied byverbal insultsinflicting or wounds, public in linkedthreats were closely or violentin attacks enmity. of course noble’s carrying out the Performed of repertoire in technique animportant represented the threats of regard honor this adversary.the In life thehealth, or variousactionsof which targeted with menacing sorts wenttogether usually of pursuingmeanspublic The process tosupportotherenmity. hatredof operated of expressions verbal the context this In alive. of enmity state keep the to desire the could reflect on a rival. damage material and physical real inflicting at aimed Rather means extra-legal by vengeance pursue then seeking lay determination threats to thatbehindmurderous a strong all. leavefewdoubts to Sources force the opposite party to start negotiation, such threats Ibid., vol. 15, no. 19:“quia tueadem invasione violenta cum novem tibi similibus nobilibus et totidem Ibid., vol.17,3767 no. (April 17,1501): “Quemadmodum nobil. …Gdaschycze inculpaverat… Andream Summing up, it is necessary to say that the public threats exemplified very say exemplifiednecessaryit public is Summing the that threats very to well one up, The fear of violence that stemmed from from The fearviolence such of not groundless at stemmed that challenges public was 214 649 650 Paul Clus CEU eTD Collection threats against the lord of lord against victims. of the the threats and violencephysical on servants of exercised were themselves peasants the an opponent property and terrorize servants and brutal peasants.Thehighly and humiliating forms of plunder violence,physical meant formthe raids often violentthe to took of theopponent’s verbal with enemy,combining population.A threats an subordinate the of challenge public against primarily directed aggression, brutal of acts into materialized easily communication, itswhich limited character. caused honor, adversary’s the at aimed violence, noble of dimension symbolic the of importance of for wrongdoer. Thea disputebeneficial the evidence threatssuggests the murderous of settlement the for conditions accept to him/her forcing enemy, an frightening and humiliating Violencebetween in noblesrelationships served so apurpose notof much of butof killing, such threats. of resulthave asa beenmurdered to againstthem are known threats murderous denounce to court to came who nobles the of none century, fifteenth the during palatinate Rus’ of the by courts the and registered were committed that homicides my listof to However, mortal threats, which were enacted as a symbolic means of inter-noble 215 CEU eTD Collection regarded ashisregarded most lasting investigation latemedieval the to the contribution of feud. of lord-subject be relations implications feudforcan the Brunner’s on social the observations the comment, recent one to According feud. medieval the of model whole historian’s the close interaction for An investigation furtherfeud the foundation of medieval on andemphasis noble violence. of the lords thisof study structures the and relationsinof power social latemedieval laida Germany and their subjectsHailed as a one of the major achievements of German historiographybecame in the twentieth century, one of the central issues in the “The “The ‘FeudalRevolution’” Bisson, N. Thomas Consider centuries. twelfth and ofeleventh period in the order feudal new the of emergence of violence as importance a the means of demonstrated newwho formBisson, of N. lordship ofThomas and works the as an consult agent can one of socialscholarship, change medieval in the theof social transformations and significant role inthe process of consolidating lordship, dominance, and protection. As the most recent example 651 study classical Brunner’s Otto mention to is enough it this, illustrate To time. long a for research of field the dominated have society medieval of transformations interactions. andeveryday practice social of result a as transformation and reconstitution permanent of a process underwent actions of and thoughts people,the as a but dynamic system social of which relations the to exterior ties ontologically social and of categories as aset not structure social the parameters of socialthe in structure late medieval Galicia.An underlying ideais approach to basic the changing and in construing force a powerful was itself violence that argue benot strictly locatedlinked within or with hierarchiesexisting social and Ishall identities. can violence medieval of phenomenon social the that is My suggestion groups. subordinated Related to this is a question possiblethe of role ofviolence inshaping the identity of social ties and relations between the representatives of various estates and social classes. the uses violence affected in howthe of examining interested be Ishall particularly society. inGalician violence in omnipresent face of the the strata social oflower representatives and nobility the between interaction forms of the istoinvestigate of chapter this The objective the feud.the See: Ibid., 5-9. (Cambridge, 1997), 104. Thisstudy also provides a valuable andcritical discussionof conceptionBrunnner’s of 652 Entrepreneurs anthropological study by Block,Anton (Cambridge: Harvard University ForPress,a 1998). comparative perspective,consult theimportant argument has beenfurtherdeveloped his in Many scholars, investigating the use of violence in various cultures in various times, come to emphasize its Hillay Zmora, Debates on how the uses of violence affected social relations and contributed to the social tothe andcontributed social relations violence affected how usesof the on Debates (Oxford: Blackwell, 1974), esp. 210-12. Chapter 8 – Noble Violence and Plebeian Voices. Plebeian and Violence – Noble 8 Chapter State and Nobility in Early Modern Germany. The KnightlyFeud in Franconia,1440-1567 Past andPresent The Mafia ofaSicilianThe Mafia Village, 1860-1900.StudyViolent of A Peasant Tormented Voices: Power,Crisis, and Humanity in Rural Catalonia 142(1994): 6-42, andmany responses Bisson’s article. to his 216 Land andLordship 652 651 . . CEU eTD Collection relationships, set up and reproduced by andrelationships, lordship, setup practiceprimary the reproduced the of of obligation of power thestructure Within betweenlords subjects. andtheir mutuality of relationships the ( ( 654 653 level, starting from household lordship ( social relationsevery andpower at structured medievalandLordship society. penetrated of thetexture moulded category asabasicwhich social lordship constitution. viewed Brunner and order, state, medieval of the interpretation Brunner’s central to concept another was Lordship way.in most feud significant the the andperception shaped thepractice of character. and semi-legal legitimate violence their received waging of the of feud andtheexercise of Landthat framework the the administration of justice and dispute settlement. the of Brunner insistedmechanisms that and itforms was exactlythe to within the inregard authority royal to alternative an structure, maintaining andreproducing The the social order. legal Land representeda and political lordsthe andnobles inhabiting acertain locality, which constituted structure the for feudit medieval viewed“a Land, was asand of community the peace Right,” of model Brunner’s In justice. of administration the and violence of control and exercise the social order, in which the state institutions and royal power had no monopoly on the expression of an atavistic drive for revenge and destruction, but a battle for Right.” not the “the oflordship.feudwas Brunner arguedthat way legitimate rights the pursuing of One order. of social of idea the with incompatible the phenomenon political and social a as Ages greatestMiddle merits own terms and maintainedcategories. Brunner the feudconsidered that wasnot during the of Brunner’sBrunnerimportance stressed the medievalof the understanding and inpolity social order their of view, point to this Contrary fist.” law of the the or non-state –a anarchy chaos, “disorder, work was hisAccording tothis teleological andstatist vision, thefeudas Brunner represented, putit: attempt states. modern European formation of of the in course the out be rooted deemedto anomaly, to interpret twentieth-century historiography medieval toview preferred violence and feud as a social the feud historiography. liberal-bourgeoisand early nation-state Nineteenth of contemporary as a Königsherrschaft Grundherrschaft Ibid., 82. O. Brunner, According to Brunner, interconnectionAccording ofthelordship interplay violence the and to and The claim for the legitimacy of the noble feud was a corollary of the de-centered model of Brunner’smedievalvision feud as wasdeveloped the hisof critique a partof devastating Land and Lordship ) to the territorial principality ( principality territorial the to ) ). The medieval , 81. Herrschaft Hausherrschaft 217 , as seen byBrunner,was grounded on the Landesherrschaft ) through ) through lordship seigneurial the ) and even kingship 654 consisting of 653 CEU eTD Collection under the most devastating criticism of under devastatingAlgazi. the criticism most of Viewing of the lordship practice noble the and Brunner. Brunner’sthesis of mutuality the obligationsthe of nobles andcame of peasants with apolemic as arguments his set explicitly Algazi Germany, medieval late in wars private Algazi’s influence, see Hillay Zmora, 1998): 799-802. by been Algazi.society has recently Gadi proposed andtested. manifested were solidarities and ties these when occasions many of one just represented feud simply existing lords between and subjects pre-dated the feud and noble violence. Brunner, For the As one of the major subjects. over theirreification formslords extended the of protection semi-patriarchal of the importance of the social material feudingillustrate In general,resources. histook Brunneranalysis of the to order of the Old acrucial represented instrategy for ofcompetition control politics the and subjects over Europe, the ties in masteringfeuding andapplyingof techniques and skills. From feuding this perspective, mutuality was lord. loyaltylords successes builtlatter’s fidelity The subjects’ thus the the on to theirto against reclaim by raidinglivescondition violent enemyasasufficientto their and goods an secure their considered failureto lord’s Subjects forsubjects. their defense provide effective lordsin thissystem mutual of challenge wastheircapacity obligations to the aggression and nobles as from Whatrequired aggressor. against was for helplord the their defense and The facing behavior legitimate of only possible was and appeal peasants violence noble to to under therubrics ofillegal and criminal such offences murder,as brigandage, arson and so on. violence of exercise the entailed which rights of pursuit extra-legal plebeian of forms all The feudingright of belonged lords exclusively andnobles. As to Brunnerput a consequence, it nobility aristocracy. asafeudand be,the only of members concerned legitimate the could and rightful As feud. the of context in the subjects their and lords between interrelations to provide aidand counsel lords.theirto conception, consider apenetrating criticaland review by KaminskiHoward in (Toronto-Buffalo-London: Toronto University Press, 1997),199-229.a polemical For response Algazi’sto the History andHistories: TheMaking of Silenceand Commemorations in Assemblies,” Village Late-Medieval in Traditions Making Answer: Peasants Ask, “Lords idem, and Gifts in Context in Germany,” Medieval Late the in Peace Lords’ the Maintaining and War Private Peasants: “Pruning Algazi, Gadi example: for See, ofarticles. series a in developed and presented und Sprachgebrauch. 655 lords protectwas to their subjects ( See: An alternative perspective on the problem of the feud and lordship in medieval lordship late problem feudand of onthe An alternative perspective the of interpretation Brunner’s the for implication important one had conception This Gadi Algazi, For a recent interpretation of the late medieval feud inits relationto lordship that stands under , eds., Esther Cohenand Mayke B.De Jong (Leiden-Boston-Köln: Brill, 2001),245-273; (Frankfurt undNew York: Campus, 1996). The author’s major arguments were also Herrengewaltund Gewalt der HerrenspätenMittelalter: in Herrschaft, Gegenseitigkeit State and Nobility Schutz undSchirm 218 , esp. 102-111. 655 ), and subjects in their turn were obliged In his studies of the social meanings of meanings social of the studies Inhis Medieval Transformations. Texts, Power, , eds. Gerald Sider and Gavin Smith Spaeculum vol. 73, no. 3 (July no. 73, vol. Between CEU eTD Collection between and classes. between dominant subordinated solidarity, of ties not distance, social enhance to operating forces, social complementary by nobilitythe on plebeian the classes. Thus heregardedboth lordship andviolence as formation which legitimacyprovided unlimited to the andexcessive exercisebrutal of force Regime’s for In Algazi, Europe. contrast, a lordship social represents and discoursive Old societies of for the asessential heviewed which solidarities inter-group vertical, the medieval feud.social roles. For Brunner, lordship Thecarried more positive, protective functionsties in the context of of lordshipthey both make use of this emphasis on a strictly imposed dichotomy of nobles’ and peasants’ were one and indeed isAlgazi consumersWhere of violence. producers the and differ Brunner way of of the correspondingly roles social mostthe to behavior in their apparent restricted were peasants and nobles embodimentsof norms and modes of behavior prescribed tothem.of Inthe context of the feud thisthemeans that wereclearlygobeyondmembers groups could andtheirnot between set two established the other. each from In separated rigidly and closed entities associal peasants and nobles of categories their analyses, social represent the to tend scholars Both feud. medieval the to approaches Algazi’s two historianshierarchies andborders. took and reproduced social inflicted bynobles violence, strengthened existing on peasants, as an maintaining andreaffirming position the subjugated of plebeians. InAlgazi’s social words, According Algazi’s to interpretation, noble the feudand were violence thus fortools powerful wars andin wasinherent peasants’the experience of pain and suffering gainedfrom feud. the private of noble in course on them the reinscribed constantly was identity social Peasants’ world oflate medieval Germany emerged as a resultof politicsthe of noble feuding. aware of their subordinatemake peasants the to thefeudserved violence againstpeasants of exercise permanentthe Through Germany. medieval late in regime political and position. social existing the maintaining for Plebeians’simple noble of by-product private wars, butasa powerful social force,autonomous crucial self-awarenessfrightening subjects’population. the not Thus Algaziseesviolence againstpeasants only as a of their identity and terrorizing of asmeans firstof all operated status, noble of prerogative exclusive in the socialreproduced the peasants’ demands for lord’s the safeguard. Feud,representedbyAlgazi asthe relations, Algazi configuration power oftheof same elements closely interconnected feud integral and as argues vigorously that it was the incessant exercise of noble violence that In spite of all the differences, there is one striking similarity in both Brunner’s and 219 a priori presumption that the borders the that presumption CEU eTD Collection 15th Century,”in Nobility in Town.Movements and Migrationof the Nobility betweenthe Village and TowninPoland during the XV wieku,” przenikanie,” in przenikanie,” (Warszawa, 1921); Henryk Samsonowicz, “Spo studies: Kazimierz Tymieniecki, 656 murdercharges of evidencethe feature and of wounding isthat The second specific delivered. andmean 1506). This weresuch sentence was in court doesnot that accusations proved (1436- Przemysl and registers of (1440-1506) L’viv land in court recorded and castle the wrongs accusations of these evidenceabout various of types consists of data gathered involved asoffenders offended and of intwotypes –homicidewrongs and wounding. The Galician evidence I shall start with an analysis of the data about the social positions of people violence. of experience of basedon specific whatbecouldsocial relations configuration calledthe sharedinter-group participation a of innobles’ groups violentrepresentatives of plebeian conduct produced important togain an understanding of how the exercise of violence by ordinary people and the viewed andperceivedas of instrument settlements. In a legitimate dispute isitthis regard had nobility monopoly. notonly violence an exclusive Moreover, nobleclassthe was of the a constitute domain not wherethe violence did is social suggestion that My violence. noble of victims and recipients passive of role the to exclusively behaviors possible peasants’ of range the restrict to scholars, both of conceptions the in found a tendency, is There violence. Algazi, seems sufferto from underestimating of the agency of peasants in the context of noble the reality variety the forms in action and subjects couldof of which adopt peasants their to responses of the noble feud.havingbeen finished during thefifteenth century. For allfrom far quite was estate, noble the of closing the especially society, estates’ the of formation their merits, society. late medieval to Polish fundamental both mobility asfeatures high inter-estate boundaries and the inconstancy social of the interpretations,dealing Kingdom with the of Polandin time that arerather inclined single to out the scholars Germany, medieval late of situation the to contrast In particular. in Galicia medieval late the and general in Poland especiallyof Kingdom the of reality social the into well very fit not does thatborders, which figures soprominently inBrunner’s both andAlgazi’s analyses of feud, the of For the emphasis onthe high inter-estate relationships in late medieval Polsihsociety, consult following In my attempt to compare the Algazi’s and Brunner’s interpretations of the feud with feud the with of the interpretations Algazi’s Brunner’s and compare the to In my attempt Another problem forwhich in reconsideration the calls viewof is Galician the evidence up social andclearly set identities social demarcated imageof strictly this However, the Spo Sztuka i ideologia XV wieku á Polish Medieval Nobility ecze Ĕ stwo Polski Procesy twórcze formowania si Ğ redniowiecznej , ed. A. G (Warsaw, 1978),55-65; Idem, “Relacj á ecze ą Ĕ 2 (Warsaw,1982), 244-265; Jacek Wiesio siorowski (Wroc 220 stwo polskie XV wieku. “Kr 656 It is further argued that the process of the Ċ spo á á aw, 1984), 255-296. ecze Ĕ stwa polskiego w wiekach Ċ gi kulturowe iichwzajemne Ċ mi Ċ dzystanowe w Polsce á owski,”The Ğ rednich CEU eTD Collection vision of vision costof the feud aspursuedmainlyatthe of Representativesplebeians. of nobility the of cases of plebeians murdering nobles. produce violence,is quite rareoccurrence the their to to nobles ability and inregard plebeians in thecourse of enmity. The only which tosuggesta seems point, social between distinction almostsuffering plebeians’ lives exclusively andto which property were exposed anddamage nobles’that – first,not much livesweretoo it by threatened feud,andsecond,that the was wrongdoing. These observations call for correcting two principal madestatements by Algazi of casualties level high showsacomparatively homicide on data the Ingeneral, respectively. four entries, cases amongof homicides committed 11 cases. Both by Przemyslthe andL’vivarequite indata similar showing alownobles number of plebeiansthe against members murdering (12).Men plebeians ofof common were charged origin with plebeiansother killing in theas noble estate,well - three and cases. is equal This number almost to the entries of in wereblamedforwhich nobles as a number inhomicides whichboth murdererandbelongedthe murdered nobility tothe 13 comprises of of of accusations number The nobles. homicide among intra-estate of intensity lesser plebeians blamedfactplebeians that outnumbered nobles inmurdering other plebeians (16). for as members extended iswell. lower social by the strata of to most clearly the revealed This thissuggest propensity the intra-estate violencefor among nobility. This observation can be sort ofminority These an in courtregisters constitute (8). evident figures clearly the Przemysl Plebeians murderedbynobles were accusedmurderingnoble members of same of the estate. number of 26 nobles charged murderbefore with of crime the courts the of Przemysl land, 18 committing murder, and 17 menarementioned ashaving perished byhomicide. Of total the men wereblamed gives registers L’viv the figures – similar court 25 noblethe of status for 21 murdered men registers.are identified asnoblesin Evidencein Przemysl foundthe court inboth represented groups murderersthe of and 26menmurdered. of homicideaccused and equally werealmost nobles that show homicide of on accusations the The data offended. and offenders the of standing social the to according distributions of picture different slightly entries and registers from Przemyslthe court from registers. 105entries L’vivthe court Przemyslthe land and 40entries for L’vivland. the The dataof of wounding consists 95 nobles cases such in all committed that imply not does however, This, nobles. against brought often most these were crimes themselves. The data on homicides comprises 45 entries for If complemented by entries of wounding, however, the Galician evidence better fits a fits better evidence Galician the however, wounding, of entries by complemented If In comparison with Przemysl land, the data of L’vivthe court registers seems tosuggest a charges figures, that It isrelated of reveal to the homicide important andwounding 221 CEU eTD Collection Simultaneously, his words were a promise of the continuation of the violence: criminals ( criminals also threatened Rzeszowski Rafael. his of servant, seizure unjust for the vengeance of anact as her people T of Beata possession on his incursion the he considered that to expel clear madeit address them. Rzeszowski’s he to addressed which Rzeszowski, of speech to the all the citizens andlisten Nyedzwyadek bleeding hadthedetained observe and to square. Therethey in town beat seriouslyfrom and detained. Then all the townsmen, expelled from their houses, were gathered the Przybyszowkatown and andAndreasof Rzeszowski of Sandzyszow, siegethe upon capture that and relates account bringhis people themchose as a outprime victimdetained a certain Nyedzwyadek,as whom they the abilitythe Beata of of T thepeople andmocking bydeprecating of humiliated Sandzyszow further Rafael. Rzeszowski 657 T of Beata by owned town Sandzyszow, on Przybyszowka, of Rzeszowski family land,by from of Andreas carried out magnate Przemysl the representative the is invasion, of dated an This anaccount on February 21, 1491. Przemyslthe court castle against plebeiansis of context in My firstandof lordship. example principal the record the can be drawn providefurtherto insightsinto the forms and noble meanings of violence cases illuminating Some raids. their during nobles by them on exercised jailing and injuries, representatives of the lower strata of Galician society, complaining about plundering, beating, wounding nobles –only 4 and7casesin Przemyslthe andL’viv respectively.data for blamed were plebeians in which cases the to if restricted less even become numbers minority tiny entries – 16casesin of Przemysland20 the in Thesecases L’viv the data. inonlya inflicting wounds for responsible asaggressors, weredescribed 47 cases).Plebeians significant in that majority noble plebeians fellvictim the these of cases to violence (50and is plebeians. andinform highly Przemysl wounded entries in It data about theL’viv data 59 in the 62entries offended. ofoffenders and plebeians, inverseproportions the dataprovide as presented from ofnobles sufferingoffenders telling against46entries Regarding wounds. were in TheL’vivdatagives noble inwhichmembersof 85entries estate the 33 entries. only mentioned aswounded and in78 entries were nobleswounding accused of data,were courts’ Przemysl the In lands. both of data the in offenders of majority prevailing the comprise AGZ The court registers of the Rus’ palatinate are overwhelmed with the voices of voices the with areoverwhelmed palatinate Rus’ of the registers The court , vol. 17, no. 2344. no. 17, vol. , tanquam latrones ligatos abindededucam) tanquam Ċ czyn to challengeczyn to hisviolence and herdefend people. 222 in case their mistress refused to release to refused mistress incasetheir Ċ czynska and harsh treatment of treatmentharsh czynska and Ċ czyn. 657 The CEU eTD Collection illustrate the extentoffence when itconcerned standing thesocial of victims.the following dataconvincingly The “plebeian” most the doubt without was to captivity into which taking palatinate, Rus’ detentionfifteenth-century was directedmenace. Inthe serious avery them detain were considered remove and to threatening against men of common origin.made againstthem. Of 33 Martin threats mortal and violence of the because leave forced to were peasants these that from estate. peasants Jan’s two hadexpelled latter the that complaining court, land Przemysl in the Zamiechow, of Martin relative, his sued Zamiechowski leavinglord, their houses empty and land uncultivated. that some villagers who had fled, escaping the dangers of the assault, refused toreturn to their by out L’vivthe land bailiffNicolas on villagethe of Dobanevychi in noted 1448 specifically carried and organized raid accountof the instance, the For cases. many other description of lightin the issuecameto assault. This a a violent lord of deserting as consequence their uniquelord.of not inhighlighting The account raidRzeszowski’s is of the episodes subjects’ subjects forced themhis defend to inability lord’s the that point is the clearon The record to were tested. security leave the place of theiragainstmajor and target whichthe power provide of ability lords their to the defenseand residence and seek theof protectionthe assault of another on communicating manifesting and of state the enmity existed that between The parties. evidence Sandzyszow is quiteof were lord opponentthe against the of themselves symbolicvictims, threats the servants and explicit peasants the on exercised violence physical of forms humiliating and in brutal the representing that clarity with particular Thecaseshows from noble violence. the plebeians suffering about the subordinated groups as a violence. verbal physical between and Onethe dynamics in can areally town. horrific case observe this followingnoted that law, fifteen municipal incursion left townsmen, with the privileged the 660 ducam.” 659 vestra colla per legatos vos quando erripiet, 658 The violence and threats had an effect. In his complaint, the procurator of Beata of of of T Beata procurator the In hiscomplaint, had aneffect. threats and The violence Ibid., vol.18, 2197no. (January 1492).17, Ibid., vol.14, 2082no. (May 1448).31, Ibid.: “…si hic peramplius manebitis extunc videbitis, utrum domina vestra vos defendet et de manibus meis It is not surprisingIt isnotRzeszowski’s addressed that words tothecitizens of Sandzyszow, of evidence ofmostthe is in manyrespects raid typical The case Rzeszowski’s the of carry you by carry fettered neck. your mistress will defend you and whether sheif you are stay planning to herewill longer, you then behold will whether release you when I 658 223 659 In similar fashion,in 1492 Jan 660 The record reveals Therecord Ċ czyn CEU eTD Collection violent conduct against ordinary people. Therefore, it is sometimes very hard to imagineit hardto is how very sometimes Therefore, people. against ordinary violent conduct judicial usually formalized useavery records and modenoble’sgeneral describing of a 664 receperunt.” marcas decem etdomumIwan in ipsorumdederuntcaptivum, quem de captivitate non prius miseruntquoadusque ipsoin Iwan 663 662 1445); Ibid., no. 1373 (April 27, 1445). 661 lords. leave awill their expressed whoto of peasants detention the with endedsometimes conflicts widely in by fifteenth course and utilized the of century,lords.the wasoften Such contested lord.enjoyed another This peasantry which the privilege, to certain pass, under conditions, to right peasants’ the to closely one related was there detention, in plebeians’ which resulted from thepriceover hiscaptivity.releasing andcondition subject of abduction. The lord of detainedthe forcedbargain peasantwasactually to with wrongdoer the form such can was indeeda of captivity that It beof some evidence basis on the implied danger peasants tothe couldbe evenwithin of demonstrate, thecity exposed capture walls. way to home or while their on free onthe road were captured royal who of frequently peasants speak The sources having been frequent,forprovided thoughnotthe perhapsmost detainingpeasants. the only opportunity sent by their lords adversaries of their villages the on andassault raiding violent captivity. Noble into were taken on some business. 37 of 40 offenders noble belonged tothe estate. data, collected the to According land. Przemysl of that closely sample the resembles brought, Regarding the social position menof whomagainst charges of the takingintocaptivity were cases speak menof plebeian of origin as incaptured course the of misdeed.a violent land gathered registers from of1440-1500.32 L’viv andcourt castle years the 40 blamed those Asimilar emergesin sample of detention foroffence the 33). the picture (32 of majority an of overwhelming constituted victims. of the tothat Nobles totallyopposite pattern of a accused to offenders social the status point about those figures wrongdoing. of this The atthesocial standingof looks if beone enhanced detention further can practice of private people origin of plebeian in30 arementioned asvictims cases. Thissocial of dimension the and peasants of of forperiod landregisters 1436-1502, castle Przemysl the the and courts from the whichcome detained, ofthe status social the information about cases providing Ibid., vol.14, 3180no. (September13, 1454). vol. Ibid., 15, 188 no.(November 25, 1457): “quia in libera viaante villam Brancze detinuerunt sibi hominem Ibid., vol.14, 1776no. (August 30,1446). Ibid., vol.17, no. 2584 (May 23, 1494); Ibid., 3167-68no. (July 1499);1, Ibid., vol.14, no. 1348 (April 2, A subject’s detention was usually accompanied by other forms of forms by The violence. of A subject’sdetention accompanied was usually physical other Legal furnish records of evidence variety the inoccasions andof whichplebeians contexts 664 224 663 Among situations other 661 As some cases 662 CEU eTD Collection subject of Nicolas Pyotraszowski from the village of Siennow, see ofSiennow, village the from Pyotraszowski Nicolas of subject 666 Reforms in the Diocese of Lviv, 1668-1708 Wawrzyniuk, Piotr see: court, consistory Lviv ofthe registers eighteenth-century the in recorded brawls, plebeians’ the of barbam eruerunt…” Shaming1444), “Demum requisitus ministerialis dixit, quod ibiin huiusmodi violencia restavit et vidit,quodmeanings kmethoni of pullingFor similarthe account mentioning thepulling out ofbeards of see:vol.peasants, wizgli…” Ibid., of14, no.1077 (May alias 8, hairs excusserunt, sibi barbam et homines isextraneos circa alsoverberaverunt et percusserunt stressedabdicacionem by Piotr Wawrzyniuk in his665 analysis and invader, todeath, the sentenced byhim, tried decapitated. of in estate victim the was carried case,the one In fate of detainedsuch peasants. of the telling of raiding,cases other Several Sandzyszow. from townsman poor this to recordedhappened what guess only can One action. into inturned be could the violence of threats easily how Przemysl Sandzyszow of citizens the castle courtremind to served fate latter’s The of Jan Nyedzwyadek. treatment by the enhanced was reality at approximately the same time, upon abductionthe servantwas this severely beaten,flogged, and his beardwasburnt off. are more that is further judge. reported It servantof the the abducting of were accused Pechykhvosty examplegood in regard.The this record of lawsuitthe has it thethat nobles from a andNicolasprovides nobles Katherine Pechykhvosty of ofVyshnyaagainstthe Stiborius A legal of theinbroughtrecord suitthe to L’viv castle L’vivland court judge 1458 by the onsubjects. exercised of forms cruelty shaming excessiveand oneofthe most doubt, beyond was, illuminating. peasants’ invaders especially It beards orburning by are pulling out mentions of respect, incursions. of In this in the course indeedoccurred common people highlights suggestingis some occasional It only peasants. against in their atrocities could go nobles far the that the most ferocious and humiliating forms of the treatment of the house in Crukynychi. In his accusation the plaintiff specifically pointed out that animosities out that pointed specifically plaintiff the his accusation inCrukynychi.house In accused hisCrukynychi,in 1483.In complaint Jan an Gotard his Crukynycki assaultof on by court noble the of land,Gotard of Przemysl Crukynychi,againsthis relative Jan of against arival’s subjects. This was,for instance, the case of the suit brought to the local castle especially telling instressing personalthe forvengeancethirst inflamed that nobleinvaders have is feuding nobles. easily Somenoble enemies becomeevidenceof personal of raiding of enmity and vengeance was projected as homicide andoffence law. againstpublic on the lower socialagainst thewrongdoer,lord and sonof the murderedthe man denounced such shriftshort level so that the subjects could The case in question is the assault by Andreas of Sobyen and R Ibid., vol.15, no.212 (January 21, 1458):“Et dampnificaverunt ipsum intotidem,quem hominem post In the description of Rzeszowski’s raiding the captivity is presented as a threat whose a threat as ispresented captivity the raiding Rzeszowski’s of description In the This kind of revenge, carried out by nobles on their rivals’ peasants, suggests that the state Confessional Civilising in Ukraine.The Bishop Iosyf Shumlyanskyand theIntroduction of . Södertörn. Doctoral Dissertations 3 (Södertörn, 2005), 138. 225 AGZ ą , vol.19, no. 219, 225 (June 13, 1481). czyna against the peasant Iwan Pudlo, a 666 In the lawsuit brought lawsuit the In 665 CEU eTD Collection dandum sibi victumviolenterastrinxit ut sibinonobedirent villa obedienciaminhibuit, neque laborarent eosdemque hominess ad forworking him,stoppaying to him and traditional tribute: stop lord, theirto disclaiminhabitants, violence,of under to to using threat obedience AccordingStanislas’ to Jan whilecharge,forced Rychczycki, invadingvillage the Stanislas’ against advancedKorytko byStanislasKorytko hisnephew, of in Jan Rychczyci, 1502. rival’senforce to Attempts claims. their raised relatives which different patrimonies to contested peasants of the incases beespecially seen This can peasants. rival’s the over obedience and control to obeyhis/her symbolic capital as a lord –violentincursions could also aim the pursue imposing of authority of behostile to continued. relationships an invaderby law the and local authority on many otherone level, channels which remained the allowed were, been Thus,evenhaving restricted thepeacebetween beparties. not forshould breaking liable for example,his action he arguedthat Therefore, peasants. the not lords, but the only since itconcerned among break pledgehe the of not peace, did that bystating this accusation Derslas countered Rozek. the Matthew his servant, humiliating by injuring and sides tokeeppeacebetween two order charges Nyslukhivski Nyslukhivski accused Ivashko Balaban him expelling of from villagethe which had Ivashko Conrad alleged that Derslaus had broken hadbroken ConradDerslaus allegedthe that following controversy between parties, held in the Przemysl castle court on August 1,1491. the and KuseniceBig Zurowice Derslas of against by Conradof brought of record suitthe in the example, for stated, is clearly It judgment. escaping and in court maneuvering for could wrongdoer keepthe enmity Thisfeudingalso possibility broadenedthe strategy alive. party. By shifting the focus violence of from lordthe to his peasants or servants, the Hawrylo Nyslukhivski against Ivashko Balaban to the L’viv castle court in HawryloIvashko Balaban L’viv the against Nyslukhivski castle 1494. court to cases estates, from instance,expulsion forviolentof mortgaged in by brought lawsuitthe 670 669 668 667 wife,latter’s leaving her thisfailedinvaders official.When todiscoverthe official, had the beatseverely the they plaintiff’s charges, one of the purposes of the invasion by Jan Crukynycki was findto and kill existed Jan Crukynycki between andofficial, Gotard’s namedJan. also According tothe Ibid., vol. Ibid., 15, 2386no. (March 14,1494). Ibid., no. 3372 (May 1502).2, Ibid., no. 2391 (August 1, 1491). Ibid., vol.17, 1873no. (December22, 1483). Besides the most evident motive – causing material damage to the enemy or undermining or enemy the to damage material – causing motive evident most the Besides There were also other reasons behind attacking peasants and servants oftheopposing andservants peasants behind attacking reasons other There werealso semivivam on the devastated estate. devastated the on . 669 The issue of peasants’ obedience also figured in figured also obedience peasants’ of issue The vadium 226 which had been in previously established 667 ipsisque hominibus in prefata 670 Hawrylo 668 CEU eTD Collection without agreeing to theverdict. agreeing to without probably oath condemning Pankossius heleftcourt condition, since the Leonard. this disliked an take for winnerto necessity the by the conditioned however, was, judgmentmerited. This Pankossiuspursue, capture andadjudicatedfor therightto punishhe towhat thispeasant duringappear in court hearing, had the case’s the declined to court Leonard. Since Leonard landby broughtlawsuit Sanok the Pankossiusagainstacertain called sub-judge peasant forseen, instance, in by verdictgiven the landcourt the of Sanok onFebruary in 26, 1468, the hemisappropriation hadalsobeen accused. him of andviolent belongedwhich unjust goods, as didthevictim’s to had attacked he ma the that emphasized simultaneously but invasion, of fact the acknowledged Wapowski apeasant from Conyeczko, patrimony family Wapowci.the Wapowski the of village – the in Wapowski,Andreas his theaccusation response to of Andreas andwoundingattacking inSimilarby were in spokenout noble, arguments 1496 thePrzemysl castle court another secundum quod promeruit.eo Subiudex cum sentenciam etfacere suscipiendonon a iure iuramento recessit.” proprio mediante convincere ipsum et mediante iure detinere ipsum debes Subiudex 673 672 volo.” approbare libere et iudicii ipsius hominem ius adiudicavit et est homo meus et supereo habeo iusticiam alias prawo et ministerialem de iudicio 671 followingthe words: in justified tothechargesLevko, injuries hiscourt of of peasant the andthis assault instance,For noble the Francis of Derewyatnyky,while responding in 1441 inthe L’viv castle by and ingranted offendersthe court assomethingpresented self-evident. unquestionable and for subjects wastaken especially proper againsttheir violence lords’ The legitimacy of bailiff.in court presenceof the done the itwas since event, a public of character the had of obedience revocation the Furthermore, Balaban that specificallynoted register in thecourt pleading of text the the wrote who scribe The obedience. peasants’ the by disclaiming accompanied was in thecomplaint, as wasstressed violence, Hawrylo. The to mortgaged earlier Ibid., vol. 16, no. 512: “ex quo kmetho inprimo et secundo termino nonparuit neque intertio, extunc Ibid., vol.17, domine2856no. (June 20,1496). vol. Ibid., 14,166 no. (January 1441):20, “Superquo predictus Franczek respondit dicens, quia in hunc Sometimes courts legitimized such a mode of conduct by their sentences. This is clearly This modeby legitimized sentences. of such a conduct their courts Sometimes Violence could be employed to reconfirm the power of lords over disobedient peasants. lords overdisobedient of power the reconfirm to be employed Violence could testify to the rightness of my statement. the right tothis man was administeradjudicated to me by the court, this was my man, and Ihad justice on him, and the bailiff of this court can 673 672 227 671 homines abobedienciarecepit. CEU eTD Collection well as the perception of violence as a legitimate means of conflict resolution constituted a meansresolution constituted of violence well of theperception conflict asalegitimate as identity statusandconnected to the of Notionssocial all of groups. as vengeance andhonor victims of noble Ingeneral, violence. ethosand the habits of violence were phenomena cautious in assessing the trustworthiness of his words. had which and been testimony Olesko’s inshouldthe makepresented court, recorded one of in opposingthe party legalwhich court.This inevitably context, influenced way in the arguments the undermine and case legal the construct to forth set cleverly was position social humble Olesko’s that forget to not is This Galicia. medieval late of violence social of world key of attributes image group’s the identity,social offersadistorted of peasants’ in place the the of one as violence noble the of face in defenceless and vulnerability peasants’ representing categories mutually exclusive andinsistence incompatible. However, Olesko’s on by as Olesko represented resolution, were means conflict nobles,of as considered against for astick.except noweapon, whocarried apeasant, by himalone, out hadbeen carried assaultthe –that court in fact,–Oleskothe credit said itat to all, be possible would to couldbe and on trust taken such anallegation accusation. How ina groundless such believe to noreason was there that convince judges tried to as calumny,the accusation Olesko Challenging Biernaszowski’s the house. Biernaszowski’s upon incursion violent a for responsibility the with Olesko charges against Olesko. and Biernaszowski slanderous alsoblamedforadvancing that reported further unjust was facere posset et presertim cum protunc nulla ferebat arma preterea exilem corulum quem in manibus gestabat.” manibus in quem corulum exilem preterea arma ferebat nulla protunc cum presertim et posset facere 675 674 of him cruelty upon ( in exercise hishouse Korytnyky raidand the on a violent of Olesko accusedByernaszowski court. land Przemysl inthe Biernaszowski Martin noble local the against a suit brought from Korytnyky, Olesko,assaultagainst nobles. In1500,apeasantnamed, villageof the by of socialhis status, own linking with theidea incapacity make of it violent peasant’s the to cognizance peasant’s the into provideglimpses legal records identity. Some fifteenth-century and position social plebeians’ the framed nobles by violence of exercise the how is enmities Ibid.: “quod non est fidei dignum, quod ipse unus homo et kmeto violenciam et invasionem domesticam Ibid., vol.18, 3089no. (July 1502).26, It seems misleading to speak about the lower social strata of Galician society asthe only society of Galician lowerstrata social speak about the to seemsmisleading It is and It violence social remarkablehowthe identity conduct theirability peasants of to The whichis question posingcertainly worth in contextthe of investigationthe noble of 675 crudelitatem tuamexercuisti 674 According to the plainitff’s complaint, Biernaszowski had charged According Biernaszowski plainitff’s the complaint, to 228 ), which meant beating and wounding. It is ), whichmeantbeatingand wounding. It CEU eTD Collection incussit ignis incendio et quingentas marcas ab ipso per minas voluit extorquere.” ipsum coram iure, quando venerit aut destinaverit dominus Castellanus Lubliensis, prout Woythko idem minas 681 1521 (June 13, 1481). 680 679 Przemysl see: land, Ibid.,vol. 13, no. 412 (June 10, 1437); no.6006 (January 1466).7, 678 króla Alexandra see: palatinate, Rus’ the of defense the in populace common of the participation of the regulation detailed 677 polskim status threatening to set their estates on fire and demanding money for not doing it. doing not for money demanding and fire on estates their set to threatening status show that even people of humble origin dared tocast threats against bigmen of magnate guaranteed bysureties. violenceplebeian restrict to out set were that Arrangements and threats. such prevent threats to measures setting against nobles againstcast and nobles threats to plebeians ablity for registers concerning infound court the usually took canbe evidence identity. Plenty of as totheir social accorded subordinategroups members of the form of pledgesone tosituate violence among the patterns andnorms ofbehavior which were perceived by allow affronts of inter-estate of peace, forms everyday Such here. on drawing worth is which whichevidence were otherwounded and two village Romaniv, subjects of the Romanowski,inStephan L’vivland, men two killed were of from fightandpriestthe andpeasants village between the Orthodox people the the Plekhiv whichwas similar to the pattern of waging noble enmity, inP. D plebeians against nobles and presentedin sourcesas the verbal expressions of pursuitthe of by feelings harbored of point nasty the onthe revealing of pledgesareparticularly these killed andtwowounded, just from one side of conflict. the men November were on 1478,relates thatthree in court 27, thePrzemyslrecorded castle violent instance, ofa legal For record the manycasualties. carried largescaleandcaused out on the clash betweensuch couldbe suggestthat plebeian evidence. enmities Some records are also significant the peasants of Vhelnyky and the royal stablemen of Vitoshynci, 676 andagainst Turks Tatars. in military and constantly for of service defense the landin participated the recruited wars people of Galicia Middle the during Ages. According royal tothe ordinances were plebeians common of the experience military of the fact reiterate the to isit appropriate this regard too. members forgroups, plebeian accessibleandpermissible of shared cultural code, Ibid., vol. Ibid., 2237 (July 11, no. 1446): “exfideiusserunt20, Woythkonem familiarem domini Frederici statuere vol. Ibid., 11, 3312a no. (January 1456);27, Ibid.,vol. 551813, no. (September 10,1464); Ibid.,vol. 16, no. Ibid., vol.15, no. 3801-05 (March 1, 1476). provided ordinance The of 1502. end the from Alexander of King ordinance the example, for Consider, See Przemys See AGZ Cases of violent encounters between nobles and common people represent another kindanother of represent people common noblesand between encounters violent Cases of , vol.17, no.1520-24 (November27, 1478).For othercases of violent plebeians’ conflictsthe in (Once again about answer the inPolish law) (Lwów,1899), 5. , no. 133, p.202. á aw D aw ą bkowski’s observations regarding the spread of the practice of threats among plebeians, among ofthreats practice ofthe spread the regarding observations bkowski’s 679 680 677 Source references to such forms of preventing plebeian violence plebeian preventing of forms such to references Source Fierce fights or lasting enmities between the village communities village the between enmities lasting or fights Fierce 229 ą bkowski, 678 Similar evidence reports that in that reports evidence Similar Jeszcze raz o odpowiedzi w o odpowiedzi prawie raz Jeszcze 681 Some 676 Akta In CEU eTD Collection of Ruthenian Orthodox priestsin fifteenth-century Galicia – the for personal name. However, author the mistook Ukrainian the word in wereusually invoked such solidarities of Most evidence showsthat the peasants. manifesting identity and very of for collective reaffirming the favorable occasions created murder of Cases nobles. against exercised violence plebeian of forms such of legitimacy of the source members totheir aprincipal providesupport was to action undertaken called their neighbor ( neighbor their called summoned to court, localis noteworthy community courtbailiff.peopleand the that the of It neighborhood, the did not hesitateHe furthersupport hisIvanko. declaredhis innocence to bytestimonies from readiness the to offer testimoniesclaimed thathe had done it defending his own house and hislife aviolentagainst invasion by in favorhouse of noblefamily the from Ivanko’s andkilledMatthew, Nehribka, brother. The priest ofthe attacked thePanko events, of version priest, attorney’s the to According homicide. the committing whom they Lankorski, contradictory narrations of which told events by were the in Bartholomeu parties the court. the attorney of Ivanko of Nehribka, alleged that the priest was guilty of Panko, and his son Dorofey. by local court the priest, Przemysl noble Ivanko of castle Nehribkathe against Orthodox brought to the murderinfor example, caseof the seen, canbeclearly nobles violence against plebeian of implications communal These self-perception. social and identity collective againstmembers groups subordinated of to reinforce nobles operated sense plebeians’ the of the by directed violence of acts how illustrating for noteworthy is particularly evidence of This sort adversaries. their hands of plebeian the perished at nobleestate the members of detention. Agnesled to that done wrongs the toretaliate attempts or make threats never would Ī study of village communities in the late medieval Kingdom of Poland, see: Jerzy Wyrozumski, “Gromada w 683 682 the Sanok county,Sanok, who was put in jail by the representative of of one of a citizen the most powerfulAgnes, noble families woman, of acertain of sons and brothers the example, for Jan concerns, pledge Bal, such Thetextof one life his the of property threaten and wrongdoer. not would injured person pledgessecure thesafe undertook existence to obligations of nobles, promising that the of terms the guarantee to were selected who Sureties origin. plebeian menof on nobles by inflicted wrongs dealwith hadbeen in vengeance. usually which past Thesepledges the yciu Ibid., vol. 2814-15(February17, no. The case been28, 1496). has mentioned by WyrozumskiJerzy in his Ibid., vol.16, no. 930(February 2, 1473). Ğ redniowiecznej wsi polskiej,” Another relevantmanifestation isby violence in of providedplebeian which cases, 682 The terms of this pledge were secured by Agnes’ husband, who acted as a surety. vicinus noster dapifer 683 The judicial Thecompetingrecords mutually supply two and Spo á of Sanok. The pledge stipulates that Agnes’ that relatives The of stipulates Sanok. pledge ). The overall communal consensus and collective legal collective and consensus communal overall The ). ecze Ĕ bathko stwo Polski 230 – a term which was widely used to designate the status Ğ redniowiecznej , vol.237.3 (Warsaw, 1985), CEU eTD Collection 688 ipsum percussitet intulit sibi vulnus cruentum…” superveniens cum curribus violenter super domum ipsius Andree Conyeczko repercussit valvam, quam fregit et 687 Czasopi enter their to attempts rightful in arivals’ repulsing lords their assisted peasants actively that participating incapturing and detainedguarding subjectsof lords’their rival. nobles. of other estates the or subjects unruly own lord’s participation and in liability noble enmity. plebeian of possibility the reservation without legalaccepted norms the that however, victims of subjectstressing theirsubordinate in position totheirlord. is respect It say difficultto how and witnesses of acts of violence defined the status of raiders. It is revealing, 685 polskiej.” in brother, Vanko’s Lahodowski, Peter masculos de Bathathycze totam communitatem alias gromada de villa prefata,” who were blamed formurdering 684 is status as latter’s usuallydesignated Theplebeians. – representingparts invaders of ascomprised the group one ofnoblestwo of of andanother in areconsistent narratives ofraiding court the emphasize that to important is highly it of theirlords and employed as accomplices in all possible sorts of wrongdoings. In this regard peace. The evidence explicitly demonstrates that common people were recruited in the service law and of the offenders astheprincipal areportrayed andsubjects peasants that enmity noble autonomously in theirviolence, exercise isof it most in often lordship thecontext of and were boundtosecurepledges each for other. grace,they captain’s the to submitting themselves and begging pardon after however, and mitigated, Thissentence todeath. was firsthad sentenced been All villagers official. the in by murderinghis of 1471 village accused captain Przemysl the of community Iaksmanychi, extreme instance of such forms of peasants’ collective liability can be foundin the case of the liable for noble’smurder, the respond tocourt, and summoned to borne penalties. in murderousfrequently cases of this observed type was thatwholevillage community was The pattern communities. village for of such cases consequences negative the with connection pó G by Antoni is addressed assaults in 686 w “Gromada Wyrozumski, Jerzy see courts, medieval late the in communities peasant (July 3436 no. 14, vol. Ibid., in land, 1455);25, no.3584L’viv (June 10, 1456);in no.3606(July Forobservations 1456). 16, on thecollective actions of of Macoshyn village of the peasants against Drzewyantka Nicolas Ī Ibid., vol.13, 5904no. (August 19,1465). Consult, for example, the case of the noble of L’viv land Vanko Lahodowski, against “rusticos kmethones “rusticos against Lahodowski, Vanko land L’viv of noble ofthe case the example, for Consult, The question of the phraseology in the contemporary sources regarding the plebeians and nobles taking part taking nobles and plebeians the regarding sources contemporary the in phraseology of the question The AGZ no AGZ Peasants couldPeasants be specificallyas participantssingled out in theirlord’s raiding againstthe Not questioningNot for representatives the possibility toact ofsubordinate groups Ğ redniowiecznej Polsce” (The good and ignoble. From the history of penalty in late medieval Poland), medieval late in ofpenalty history the From ignoble. and good (The Polsce” redniowiecznej , vol.17, no. 667 (November31, 1471). Ğ , vol., 17,2856 no. (June 20,1496): “quia ipse cum duodecimkmethonibus suiscoadiutoribus mo Prawno-Historyczne 37, no. 2 (1985): 89-99. AGZ ą siorowski, , vol. 15, no. 2593 (January , vol.15, no.2593(January See similar also 12, 1498).case of the 686 685 231 “ Dobrzy i podlejsi. Przyczynek w do dziejów kary inferiores 687 , Peasants are mentioned as are Peasants dissimiles Ī yciu , podleyszi Ğ 688 redniowiecznej wsi redniowiecznej It is reported 684 Themost by way CEU eTD Collection been been arrested. lord,dared attack andinflict to wounds onroyal officialsto setfree inorder brigands whohad headed bytheir apeasantcommunity,that is caseit In assaults. reported insuch engaged one trial.on to be and put were about thievescaptured who hadbeen furnish nobles who evidenceorganized of on attacks neighboringliberatevillages in to order brigands andputthem on trial enmities risegave to nobles. among to have flight taken andfound protection with other nobles.the Refusalshand to over such peace imposed on parties to prevent further escalation of conflict offers a view of enmities view of the a offers conflict of furtherprevent escalation to on parties imposed peace of ofinimical pledgesa complex of configuration Therelationships. from evidence royal the emergence wasthe The resulting nobleinto picture larger of enmities. context the integrated legal in records. fifteenth-century the protection of lords,their plundering andkillingpeople are the onthe a roads recurring theme peasants. employing for their own benefit notorious thieves and brigands, recruited from their their enmities with noble neighbors. committing the theftreveal such petty that couldcrimes bedesignedin andguidedby lords andfavored patronized by lords. Confessions madetheir by incourt while peasants captured Wroblowychi, subjects of Nicolas Korytko, in Ibid., vol. 17, no. 1664 (February 25, 1479). 25, (February 1664 no. 17, vol. Ibid., in Korytko, Nicolas of subjects Wroblowychi, (November13, 1465); Ibid.,vol. 17,34 (February no. 1469); no.59414, (May 1471); against peasants2, from 696 695 694 693 brigandage over tothe court or plaintiffs, see Ibid., vol.15, no. 2646(March 3,1498). 692 coram iudicio presenti…” Katherine de Pyeczychosti de dotalicio, que frumenta recepit incampo in Czestyn,quem Leopol., hominem extunc idem Vexfr. Nicolaus Statuitexistens liberlibere recognovit, quia ea frumenta recepit de mandato nobil. dom. dum furabaturfrumenta et triticum iin Czestynbonis intenuta dom. Georgii de DynoszynStrumilonis Vexfri. 691 (August 2,1504). ad pignoracionemcum hominibus pignoracionem Tywnrepercussit ibidem hominemqueextunc fertonum, Regalem de Slonkasolucione non nominee pro Regali Iakow,exaccione qui cum Ministriali in pignorandum ad Dworcze in venit cum missus fuit,690 violenter689 percusserunt.” For another similar case, see Ibid., vol. 17, no. 4077 customary imposedpayments by Crown.the of orders lordvillagescollect usedviolencevisitedtheir royal against who the the officials to who hadin those byjudges won theircase adjudicated to the court. village introductions –such rivals’were ontothe indemnity estate usualform the of See,example,for an accusationbrought against subjects ofFedko of Pukynnycia,Ibid., invol. 13, no. 5978 Ibid., vol. 11, no. 1381. vol. Ibid., 15, 1119no. (October30, 1472). Ibid., vol.17, 3037no. (July 1498);16, Ibid. no. 3915 (August 5,1502); Ibid. no. 4020 (November4,1503). of crime the for liable peasants hand to refusal and brigands, to extended protection noble’s the For Ibid., vol. 3154(August 22,14, no. 1454):“Labor. Nicolaus de Pyeczychosty,fuerat detentus et qui raptus, Ibid., vol. 15, no. 850 (April 26, 1471): “Ministerialis tonsus Leopoliensis Mathias Pyeczony Ibid., vol.14, 2899no. (July 1453).recognovit,25, quia The suggests thattheviolenceevidence of common interwoven people wasclosely and 692 Some subjects, accusedby lordstheir ofcommitting serious offences, areknown 695 In general, stories of the bands of peasants, acting as brigands under the under brigands as acting peasants, of bands the of stories general, In 696 691 Nobles were repeatedly charged with and protecting charged with repeatedly were Nobles 232 690 The legal records speak of Thelegal speakof subjects’ theft, records 694 Peasants could be actively could Peasants 689 Peasants, following the 693 Some legal records CEU eTD Collection 700 the context of medieval Icelandic feud in his feud Icelandic of medieval context the 699 698 2043 (January 1490);22, Ibid., vol.17, no. 1112 (June 26, 1475). kmethones et subditos tuos Orzechowski designated and the group of people involved discord Alexander inthe to onOrzechowski’s side as addressed was of pledge letter The other. the from Orzechowski Alexander and side one the from 697 and servants. attack Peter’s wound his peopleto instigating blamed thepledgefor Prochnicki. breakingof Rafael established of by Peter earlier peace first January entry, dated is anaccusation5, 1506, by brought Prochnicki Peter Rafael against violence and for turninglords therelationshipsbetween into anew enmity and litigation. The between people of two lords, highlighting the responsibility of servants for escalating and main the violence. activeproducers instigators of Theevidence ofbrawls is accounts as in figure records the lords’ subjects the time, yearregister 1506.This under the castle court land - Peter and family Przemysl samenoble of of the between representatives lawsuit by the Rafaelexemplified the of Prochnik.levels The records with of this the enmity participation areand thepursuitviolence. conduct of ableto semi-autonomous strata, the found in the Przemysl lower social awidepeople of of spaceandembrace circle social the throughout dispersed of many offersmanifesting insightsviolence, into enmity lords, howacts of could whilethe be of the peoplesubjects. plaintiff’s the from wheat of supply whole the seizing violently and of differenthis people, himself Demeter blamedwas for intruding with hisinto peasants the Jan’s camp, socialpeasants from Volshchyshchovychi. In addition the accusation to homicideof against brought standingsfor offences the his from of peasants Zlochkovychi, whohadmurdered one ofJan’s subject respond to called was Bolanovychi of canDemeter allegation, first the to According beplaintiff. the further advanced by principal were allegations of Demeter two Bolanovychi, Przemysl land, against instance,For in alawsuitlaunched byJan Budzywoy of a nobleVolshchyshchovychi, of itis possible such to trace inimical communities, led by theirinlords, theirviolentactions. by brought of judicialthe local pledge tothe courts, complaints rivals pleasand the to records pledges. the of sanctions the by – andfamiliars, townsmen encompassed as peasants – his subjects themselves, thelords’ besides royal of captain’s letters specifically singledout, or lords sometimes pledge interpersonalencounters violentas networks of of people The standings. various of social Rafael’s retainers (literally bread-eaters – bread-eaters (literally retainers Rafael’s Ibid., vol.17, 3576no. (January 1506).5, Compare the remarks by William I. Miller about the interconnection between the powerful and subordinate in subordinate and powerful the between interconnection the about Miller I. by William remarks the Compare Ibid., vol.13, 6006-07no. (January 7, 1466). ofCrzywcza Derslas and Nicolas Bernard, on enforced pledge captain’s ofthe clause the example, for See, This image of noble enmity as hostile relationships that could be acted out on on various couldbe actedout that hostile noble relationships This image as enmity of . See. in Ibid., vol.17, 3279 no. (May 1500).Forsimilar18, cases: Ibid., vol.15, no. 697 By shifting thefocus from of inquiry captains’the letters of Bloodtaking and Peacemaking comestores comestores panis 233 700 ) burst into the ale-house ( ale-house the into burst ) , 246-7. The record relates that two of two that relates The record 699 698 te et filios ac The case super CEU eTD Collection 701 adversaries. by people on their Peter’s out vengeance carried people. stated he Rafael had that never his given orsupport consent totheir transgressions. for byhis wrongs the his done denied hisresponsibility hefurther exclusively. In reply lords and the lords the only concerned parties, the between of peace established state the had above. pledge the pattern the Heemphasized that which of noted by to defense referring himself justify to from whotried Raphael, least speechof the this canbeinferred At initiative. Rafael’stheiron that hadacted own spontaneously had retainers brawl or the erupted setting,in which actof the violence however,preclude occurred, not does the possibility that his/heremphasizeinstigator of servants.The felony anthe of tended tolordthe as role of the by performedvictims acommon strategy violence, of whoservants. This usually was of the The evidence shows in been stomach. stabbed had the Venceslas, in acertain people, which oneof swords, Peter’s that it was a as lord describes account the which who insults, verbal making wasUpon time. that at sitting charged were subjects other his and Chorzow with the responsibilityhospicium ubi cervisia protunc propinabatu for assault court. intervened inthe conflict only a later stage whenat enmity andthe brought debatedin was the werelords the ratherassaults, violent of exchange this In incursions. and relactantbrawls violent initiating from to guide andstayingbehind violence the sceneof be and unableprevent pretending to to theirsubjects orchestrate violent focusingattacks, exclusively violence.on aredescribedtheir servants’ the Lords as actions of their subjects. role in Theyproducingviolence and could perhaps their pursue own purposes in a feud. personally differentplaygroups of wereableservants and even peasants andautonomous to an active heavilyinvaders wounded Rafael’s servantThe Jan. incase that question demonstrates infurther the the course raid the of that specifies in record Rafael’s The tailor Prochnik. ofStanislas, house had the invaded Holovchych Iarosh a certain and Nicolas, tavern-keeper with swords and W from peasants and familiars Peter’s a gangof that lancesin thecourt and led by recounted Rafael his subjects. against organized ofaraid servants Peter’s accused Prochnicki Peter’s notary, Bernard, the familiar Stanislas, the local Ibid., no. 3577. The second record, placed in the register just next to the first one, can be read as a story of astory be can readas one, firstto the next just register inthe placed The secondrecord, The accounts of Prochnicki’s enmity seem to point out the lords’ detachment from from the detachment lords’ point the to out enmity seem Prochnicki’s of The accounts inicium , Raphael’s retainers had started a brawl with the use of 234 r) where Peter’s peasants from from villageof the peasants where Peter’s r) 701 In his counter-claim Rafael Inhis counter-claim Ċ gerka and Tuliczow, armed Tuliczow, and gerka CEU eTD Collection predictum apud mfcum. Castlm. Cracov illum diximus sibi extradere.” quodsic condictamen non fiutcoram bonis hominibus, sed fiutquando aquiremus alias dobedzemy hominem fratres germanos Bartholoneum etIohannem deCrzywcza ipsius.sortis Parsadversa respondit: nos negamus Hreczpolye iuxta condictamenvestrum, quod fecistis coram bonis hominis, qui kmetho interfecit duos oppidanos 702 of againstthe tavern-keeperhis violence and hiswife andconscience.his honor on The violence in hadStanislas Grabownicki followingthe manner. On deniedthefactarbitration, of case this settled arbiters The arrow. an Grabownicki with shot tavern-keeper, the Stanislas, further that specifies in record theaffray. The wound also sufferedone Grabownicki Stanislas that however, relates, The record wife. tavern-keeper’s injuredthe andthe also beat arbitration as oneof in text the aredescribed nephews, of Pelka’s Paul one Grabownicki, Stanislas keeper and of the central episodes saidtavern- the between brawls violent of A series tavern-keeper. Paul Pelka’s Stanislas, of the enmity. a certain concerned one other, on the nephews hisnumerous sidewith one on Grabownica, Paul Pelka alleged of Pelka chamberlain, Sanok Paul by the reached many reconciliation of the terms that his nephew ended among a dispute members of Grabownicki familythe from land.AmongSanok the example A from conflict. ofarbitration isofferedby good this record of 1504 which the a of moment central the became clashes such Sometimes encounters. violent such to victims evenfalling of peasants their adversaries, or servants the inbrawls with engagement direct intolitigation, if met with the difficulties of enforcements. punishmentsfor wrongdoings plebeian’s turning easily could becrushed, peaceful relations and compensations will theparties concerning of good the that demonstrates case clearly began. lawsuit the time the so by do to failed evidently had but Cracow, of Castellan the of hand the from felon the acquire to had had they first related, further Krzywieckis felon andhadbeen of hadout been negotiated agreementtheir Asthe the concluded, reach. the when time the at that however, stated, defendants The Orzechowski. to over Jan – subjects townsmen from Krzwycza. Krzywieckis The not deny did their promise hand to of Orzechowski’s two murdering for blamed from Hrycpole, Jan peasant, their Orzechowski surrender to to neglected Krzywcza from nobles the earlier, reached reconciliation indespite Alexander that theterms1502. complained Orzechowski of court an amicable in court land Przemysl in the recorded brothers Krzywiecki the and Orzechowski Alexander lords againsttheir will. original thisall probability In wasthe in between case the litigation of lords.indeed could Excesses and plebeian violence between sharpen threaten relationships Ibid., vol.18, no. 3080 (July 26, 1502):“quia vosextradidistis sibi Iohannem kmethonem vestrum de Another pattern seen in the interaction of lords and plebeians in enmities is the lords’ is the in enmities plebeians and lords of interaction inthe seen pattern Another for the matter violence asatroublesome plebeian the legal represent also Other records 235 702 This CEU eTD Collection case in court and the said peasant was not punished due to the intervention of the Sanok chamberlain. See chamberlain. Sanok of the intervention the to due the punished not was lost peasant noble said the murdered and court of the in case brother The Sanok. of chamberlain the Riterovyce, of Czeszik of Peter subject vol. 18,vol. no. 777 (November14, 1475). 704 centuries) (Lwów, sixteenth 1898),938-39. ofthe half first and fifteenth the in Rus’ Galician in humiliation and retribution (Vengeance, analyzed by P. D quomodo poterit preinvenire et reconciliari eciam pro tempore predicto tempore pro eciam etreconciliari preinvenire poterit quomodo eam vulneravit et si fuerit kmetho ipsorum fratrum, debent sibi iusticiam facere aut mandare homini suo eam, dimittere; quod debet facere tunc, quando ibi prefati domini intererunt. Tabernatrix vero si rescierit aut scit, quis solum signo ostendere supra eum sed nonledere eum tanquam sit vindicaturus sanguinem suum et culpam sibi exhibere flexis genibus petendo, utsibi culpam dimitteret, ipse vero Stanislaus evaginato cultro vel gladio debet honore et conscientia sua asseruit, debebit ipse tabernatorcontra eum cum duobus hominibus humilitatem tabernatoripsum Stanislaum sagitta vulneravit, quemipse se percussissenon vulnerasse nec uxorem ipsiusub filiaster ipsius sibi vulnerasset tabernatricem ipsius et tabernatorem percussisset racione istius, quia ipse 703 allegations to court.bringfrom the side, and pressure without their not careofhis perhaps people, to take What happened decided thelitigants of one when happen could This escalation. of phase the entered conflict then is that his adversary couldground barely The lords keptscores out. die and waited moment for the when the could challenge onthe subjects between a lord’s violence of exchange seemsthe that It violence. of and cases the suit with murder. anoble’s as crimes serious if wrongdoers, enjoying protection lords,their couldof for escapepunishmenteven such consideredframework in of noble the enmity. the Further showthatplebeian inquiries be ortheir mitigated beinsuchhonorary punishment if formsgiven penance as public given thatplebeians’evidence liability forinflicting wounds nobleon their adversaries could suggeston basisthe is of It groups. members possible to thesubordinated extended of to institutions usually reserved exclusively for and nobles settlements their dispute were tavern-keeper. wifeof the the concerned point settlement the of last him spareto his adversary, the rite turned intoa symbolic act of mercy and reconciliation. The Grabownicki power the over defenselessthe body hisof enemy,andsimultaneously forcing harmforbidden Grabownicki same By with was atthe sword, the to penitent. time the giving body thekneelingover subject. of Pelka’s the same momentGrabownicki unsheathe was allowed to his knife sword or makeand a sign and penancebykneeling before Stanislas Grabownicki and begginghimfor At pardon. the his humility manifesthadfollowers, to his in of two company the the tavern-keeper, decision, undergo According aritual arbiters’ required the to of penance andhumiliation. to public was tavern-keeper Paul Pelka’s as truthful. Instead, accept statement this to agreed arbiters Consult, for example, the case of the murder of the noble Jan B Ibid., vol. 3034(October16, no. 24, 1504):“Item pro eo questus sicut est PaulusPelka, quomodo Stanislaus One important suggestion suggestion can bemade on the basisof litigations description these the of One important and procedures the how is This most striking. the appears account of this One aspect ą bkowski, Zemsta, okup i pokora na Rusi w Halickiej wieku ipierwszej XV wiekupolowie XVI 704 236 703 Though allowed to touch Stanislas’ body ą ndkowski by the peasant Jan from Korito, a . ” This case of the public penance was penance public ofthe case This AGZ , CEU eTD Collection 706 his, 705 Lysakowski session, court the to summons the ignoring for Asan excuse court. the to culprits natural lordthe of accused Lysakowski forthe reluctance tobring blamed men. Fricz the VyshnyaMostyska. to Fricz also sued Jan Lysakowski, who, as the advocate of Vyshnya, was running from robbed royal by of road free the Vyshnya on attacked, andinjuredcitizens the men from Vyshnya before the judges. Frederick Fricz related he that had been pursued, madein Fricz Frederick against registerbeginsL’viv complaint, the with court castle 1505, of Vyshnya. suburb the of inhabitants andthe Fricz Frederick justiceadminister among hispeople isoffered by between dispute the L’vivthe citizen judgesuch culprits. defendto guilty theirsubjects, some criminal of offences privilegeclaimed their exclusive to immunity, endowed on the villages with theown so-called men. German law. LordsThe who cameright to violation of of court one principal the lordship privileges of lord’s –a of jurisdiction right his over a as condemned of was Prosecution lord. a lord’s culprits’ the by actions their to a challenge faced often jurisdiction official wanted pursue or courts, punishmentthe to plebeian of bymeansculprits of self help over his subjectsnoblesprosecute the escape ofother inthe subjects Nobles to punishments. to whowished was an essential privilegeagainst them. of sought and usually gained thesupport of theirlords inlegal andcases initiated prosecutions from aid and the protection legal of side expectation the with linked indissolubly of was violence theplebeian lords. In other by undertaken membersof the both groups in court.Thethe evidence showsexplicitly that words, actions legal the of meanings and forms the the for implication significant subjects one had production liable for some crimes and takenin actions court. wrongs numerous possibilities and pretexts of violence of a renewal legal various and forms of to thegates opened These relationships settlement. of single act be by the satisfied not could hostilities Such sides. both on wrongs of accumulation an about brought which relationships evidence often imageprovides an multi-channeled of as enmity the violent multi-leveled and counterclaims, list producing hisown had whichinflicted of beenoffences men. uponhis The Consult similarevidence drawnby Kazimierz Tymieniecki in the context of late medieval Mazowsze. See AGZ Historia ch Ties of lordship provided the most effective shelter formost plebeian Ties oflordship in effectiveculprits attempts the provided shelter their in its nobles and plebeians between interrelations the and violence of dynamics social The , vol.17, no. 4178 (August 20,1505); no. 4188 (September19, 1505). á opów polskich 705 Ahighly instructiveof lord’s account insistencea hismonopoly on to vol. 2,(Warsaw: PWN, 1966),180. 237 706 The account, recorded in the CEU eTD Collection during September, 1449. castlecourt in Sanok andthe recorded saidStepan againstbrought the offences criminal be.is by couldmarkedcommunities Thebeginning of case the a numberof accusations of wellhow largeillustrates suchlegal Stepan from andhis complex Ratnawica, peasant, plebeians. and nobles of networks intermingled inter-estates’ the of existence the inparticular highlights courts law inthe of the for offenders as asurety The practice in of serving court. andshared legalresponsibility actions based onthe common Onecommunities important corollaryby lords ornot. The lords inevitably inpartook liability the for their subjects’ wrongdoings. of this misdeeds, suchviolencefor andwhether wasinitiated their of supported subjects’ regardless was theof appearance legal of the ties responsibility,anddo.” networks of solidarities “nobody that can judge mylord’s people in samemannerthe ashe himself is to entitled withoutcaptured appropriate trial by mentioned Conrad’s Andrushko, clearly procurator itput Jasnyska. Takingwhich over the defense his of peasant, whohad been accused of stealing wood and madein L’viv in from court litigationcastle the his 1501 during Andrushko with same the emergedeven This sortofmore incomes ConradofJasnyska argument strongly theout appeal of on the basis of the concerned the robbery of a peasant of same village,the Ibid., in no. 2766 (September22, 1449). (September1449);22, unspecified three charges brought by peasants ofthe Odrechovaa fourthwhich and (September the accusation19, 1449); theft,ofand brought arson by Ibid.,of Czepsarin Closz Poraz, no. 2770 709 from earlier the period,see: Ibid., vol.11, no. 1739 (July 31, 1443). dominus meus Cunradus fecisset sibi iusticiam cum homine suo, siquid fuisset sibi reus.” Forsimilar evidence 708 tenorem literarum.” sum advocatus hereditarius et habeo in potestate eos mea etfaciam predicto Frycz cum eis, si me optaverit, iuxta 707 that the caseabout what led up to these events. In the contextoffers of the present discussion itismore important an opportunity to highlight the ways in which Frederick of Jacimierz developedhis argumentsby following the saying words to judge: the He further in court. castle the appearance the culprits’ he for sawnoreasons that stated See,accusationof the breaking into a house, advanced by ofHuzelow,Ihnat Ibid., vol. 11, no.2762 in Ibid.,vol.17, no. 3736 (February 1501):5, “et nemopotest sibimet iusticiam facere,prout ipse fecit; nam Ibid., no. 4188: “non deberam statuere, sed des michi hoc ad ius meum, in quo ego cum illis resideo, namego The case of the surety land, by for lord The case apowerful of taken of Jacimierz, Frederick Sanok surety the In general,pattern dominant litigations the was of lordsthat weresuedtorespondin court 708 appropriately me. with pleads appropriately am ableset to the trial with them according to the captain’s letter if Fricz intown which in Ihold Thereforethey my Imyself them reside, power. of the advocate hereditary Iam a Since them. share with I law, which I am not obliged to bring them [the accused] here. Give this case to my 709 It is difficult to follow these charges in detail and discover more discover and in detail charges these follow to is difficult It 707 238 CEU eTD Collection (September22, 1449). submitted himself to community the of Odrechowa, forasking expurgation from the chargers. See Ibid.no. 2766 presented before court. the See Ibid., no.2770 (September 22,1449). Another record also mentions Stepanthat against charges of the said Closz Czepsar, since one record clearly refers to refers clearly record one since Czepsar, Closz said ofthe charges against of SeePoraz. Ibid., no. 2767(September 22, 1449). There was probably a third group, called toexpurgate Stepan Strosze, Pobyedne, Markowcze and Nyebisczanyagainst charges offrom Huzelow.Ihnat SeeIbid., vol. 2765(September11, no. 22, 1449), 13peopleand from to assist Stepan to respond to the accusation711 of Closz Czepsar condempnandi.” 710 sureties The casesof (17). plebeians and among (32), nobles sureties among intra-estate most numerous group suretiesentries as ofinter-estate in figured guarantors nobles of the comprise plebeians which (35) from a total were pledged Przemysl the for before period of the 1500. It captain is1469 to of noteworthy that 96 entries. Thisdata group about is larger the thansocial the casesstatus of of personslegal by mustered actions inlords tosupport theirorder peasants. who servedmarks.hundred tomakerealize suffices evidence impressive The scaleof oneto the collective as three of suretiesfine the of payment the under court the to Stepan bring to bound were andsureties those for whompresent an from heoath-helpersexpurgation charges.The to undergo the promised and sureties which session at court the bringto Stepan to captain the to pledged sureties named Vola. The and Ratnauicza Wyelepole, from Nyebyesczany, and peasants andall his advocates himself FrederickJacimierz of of sureties consisted body isof the that reported It sureties. numerous by strengthened was oath-helpers the by Stepan said the of expurgation the Furthermore, Pobyedne, Markowce). Strosze, Wyelepole, Volicza, Rathnouicza, Nyebisczany, Sanoczek, from nine localities 41people named coming (Prosszek, asoath-helpers such Altogether, they groups. oftwo register of thelists court oath-helpers the provides him. The against refuteadvanced asingleaccusation felonhelp the to – eachgroup to Stepan of asoath-helpers wereenlisted peasants of groups Three accusedStepan. the expurgate to sureties and oath-helpers the of recruiting process the of evidence is the successful, as rights was demanded him by of captain the andwithdrawwas forced to his claim. punish men the of his lordship. condemn a royal and him to his granting by rightprivilege the to supported claim referring Frederick According record, the hisjudge subjects. to to right claiming hisexclusive Stepan was accused that stating cameforward firstFrederick tellsrecord that andloyaltystrove todefend culprit,the relyinghis on support the subjects. The judicial of 28 people from Prosszek, Sanoczek, Nyebisczany, Rathnouicza, Volicza, Wyelepole to support Stepan support to Wyelepole Volicza, Rathnouicza, Nyebisczany, Sanoczek, Prosszek, from people 28 Ibid., no. 2764(September22, 1449): “et ego superiura dominium meum habeo Regaliapuniendi et The significance of the noble-plebeian interaction in court can be further illustrated by illustrated further be can court in interaction noble-plebeian the of significance The What is narrated as a next stage of the trial, where Frederick proved to be really 710 It seems that he failed to produce a confirmation of such 239 tertii testes ex inimicitia which had to be and 711 CEU eTD Collection vol. 14,vol. no. 952-966. accusations against Volchko Rukuthy,blaming forthe him damage caused during the onDarnow.raid See Ibid. Darnow to assist him in his lawsuit withVolchko Rokuthy. Eachof Strumilo’s peasants advanced his 714 713 712 up took or trial the culprits to bring their mostto lords plebeian captain the often pledged Jacimierz’s surety, Frederickof of sureties given by nobles for their oflegalconfigurations emergedinthe of ties actions. Ascanbe course which expected, own peasants and collectivities inter-estate of werevariety agreat reveal theplebeians for most nobles by secured numerous. Similar to the case pledging plebeian for (6). culprits while sureties of aunifiedbody created more village communities or of one representatives plebeians (6). by for These of asingle agroup of to thecourt. weresecured sureties nobles a group or bring culprits the to takinglarger responsibility collectivities surety tothe relates inter-estate kind of Another for asingle a peasant. noble surety offered inwhich single cases aresureties All lord these (4). of another for peasant the provided noblesureties of cases There arealso quite numerous. quite peasants and their mustered by charges lords inlegal actions against their opponents could be courtto and assisting them in pleadingtheir cases againstThe own number wrongdoers. of peasants sufferednoble during care the enmities. Lordsusually of bringingtook their peasants responsibility and defense in court. legal for mechanism by asa operating lordship ties of the reaffirmed takingrepeatedly surety of practice the that makes alsoclear It legal by common actions. among themselves connected of in created solidarities lifedaily bylordship. Itshows how lords and were subjects safeguard for subjects against an enemy’s violent assaults. Lords were equally expected to expected wereequally assaults. Lords violent enemy’s an againstfor subjects safeguard provide not a variousconcernedto only forms.ability It lord’s the noble took enmities The demand protection for and aid by expected from subjects theirlords in courseof the phenomenon. amulti-faceted andfeudwere lordship of interplay practice of resultthe of the of accusations raised againstand anopponent thus widened the of scope opponent’s liability. number the multiple to able were nobles the plaintiffs, as peasants their mobilizing By court. inlegal the actions out setting forenmities waging and resource asignificant andrepresented In1444, for example, George Strumilo brought to the L’viv castle court fourteen peasants from the village Ibid., no. 448,of 1379,2691, 2748, 3331, 3348. Ibid., vol.17, no. 441, 598, 842, 1131, 1499, 3334. Another form Another form noble-peasantlegalof common actions emergedaroundwrongs which It may be concluded, therefore, that the ties of support and protection which emerged as a andprotection as emerged which tiesof maysupport the that beIt concluded, therefore, 712 714 Perhaps the most interesting are cases when nobles and plebeian and are caseswhennobles interesting themost Perhaps Peasants were thus involvedactively inlitigations on sidethe of lordstheir exfideiussio 713 The institution of surety brought into action the network the action into brought surety of institution The of their peasants from from (9). prison of captain’s the their peasants 240 CEU eTD Collection lower social toestablishgroups unequal butreciprocal relationships with theirlords. channel for communication social lordswith widening opportunitiesthe for themembers of obtained privileged social plebeians. amongpositions other This servedasanimportant conduct violent the lord’s around thatcrystallized nexus of ties andinterlocking complex status of being thepower lords’ resources determinant of source social and of becameasignificant privileges violence, and asco-producers enmities in the communaland constant enmity. Thus enmity,the allowedlife subjects which tobeintimately involved innoble disputes accomplicesof the loweroffered andfirst safeguard of aid who all actively subjects the to them supported during an socialand were strata. enmeshed as lords’ Lords mostoperated effective protection the mechanismof of subjects. the their Subjects in the who enjoyed the from economy this pillaging.of werepartakeandin andsubjects assaults, able benefit violent lords’ participating peasants to livestock, grain andwhich wood, othersupplies, goods noblewere plundered raids. during By information about aspossible asprecise obsessedviolence with so providing of narratives everydaythe life Galician of society. Inthis isregard itsurprising not tofind the court in of pillaging practice of significance the social factdeterminedthe This natural resources. world of extreme scarcity. Thisscarcity mostconcerned the fundamental things –human and raids, toa from and was danger Tatars’ the constantly populated exposed undeveloped, thinly fifteenth-century Galician Rus’, located on the border of the kingdom, economically First, lest respects. in two at groups plebeians’ other andmembersof the peasants the common responsibility in court. and actions violent in participation on common grounded andwere which estates established nexus of is of of Poland Kingdom social of medieval enmity late the the emergence the the culture ties and in help forhighly originated is contextWhat understanding that enmity.the significant the of the setmedieval Galicia, amore however, complex reality lay behind these ties of protection and of solidarities of context feud. the late inthe the case of lords In andsubjects protection between existing certainly notnew, remembering the Brunner’s emphasis on the fundamental role of the ties of which is idea This in society. ofvertical this ties importance the suggest violence of exercise the ran across legalpeace andfaced againstthem. who prosecutions the bordersoffer assistance and shelter tosubjects who were known as notorious offenders of lawthe and of the officially At the same time, the peasants’ engagement intonoble enmities and common legal actions for survival acrucial strategy of noblesinof represented conduct Involvement violent the of context in the peasants and servants lords, between interactions social the general, In 241 CEU eTD Collection in society. this hierarchies social and identities social reshaping and in structuring significance fundamental asforce of a from sources the emerge enmity and violence general the In classification. social and hierarchy social informal for more even criteria were they estates, though the for alternatives constituted violence of exercise the on based originated which The solidarities but alsoonly feudingfactions, ladder.estates, of of social the aworld a society going down not was Galicia fifteenth-century From perspective, this of estates. order accepted officially violence, nobles byboth shared and and coexisted plebeians, with the even contested andcommunities networks built experiencethe on of to theuses violence. Inter-estate of Social difference was not only tied to the estates’ privileges or economic success, but also but success, economic privileges or estates’ the only not to tied was difference Social 242 CEU eTD Collection West,1400-1700 the role of religious confraternities in promoting a culture of reconciliation, see: John Bossy, “The Peace in the Feud in Sixteenth and Seventeenth Century France,” Century Seventeenth and Sixteenth in Feud the in Peace “The Carroll, Stuart see: France, sixteenth-century in peacemakers as celergymen of activity the For 250. 1992), Press, France the Around Year1000 of the Peace in Eleventh-Century(Chicago: University The of 101-105;Press,Chicago 1981), Geoffrey “Monks, Feuds,Koziol, andthe Making in the followingFlanders”, studies: PeterBrown, in 716 Disputes in Early Modern England,” agreements, see: Craig Muldrew, “The Culture of Reconciliation: Community and the Settlement of Economic Cambridge University 140-152.andPress, the ethicaldimensions 1983),Formoral of amicable private Middle Ages,” in Christian love, see, especially: Otto Brunner, (Cambridge, NY:Cambridge University ForPress, 2001). the opposition between the concepts of law and Kosto, J. Adam his in Florence,” ConflictswithStateless in France,”127-128, 150-159; Thomas Kuehn, “Law Arbitration and Renaissancein 715 a more Instead, inthischapterIpropose resolution disputeandenmity. asopposition to community. Christian restore theappeal amoreto widely set moral understood of and ethical norms in to order obtain and an socialimplied It peacemaking. and mediation for trying at than judgments, making at less aimed harmony as conceived often was arbiters of private task doing,the In so of conflict. the escalation and peace mutual attempts compensate avoidtheir toreconcilereflected andfurther rivals, wrongs, to to – social settlement dispute forms of of private the purpose the peacemaking, of ideology medieval values that the for to vengeance. according bid Instead, satisfying someone’s was away of considered lay at damage rival by on the getting asentence From inhis/her the favor. this view,litigation of point base moral and material ofinflicting purpose implied the usually court the caseto to take ofconflict every trueto the lawrecourse identified and frequently imagery lawsuitsMedieval interrelations. human of ends opposite the on with a declaration of situated were medieval phrase, famous the to according law The andlove, enmity. settlement. dispute The decision of law’sway official the to an alternative often represented of Europe in medieval Peacemaking one of the parties in a use of private forms the of settlement.encouraging in play to tried institutions its and church the that role active in the evident were also peacemaking meanings of religious The categories. quasi-religious religious or in represented and perceived was often peacemaking of process the that understandable The role of the cult of saints, of religious and church institutions in the process of peacemaking is highlighted For a detailed analysis of the practice and institution of medieval peacemaking, see: Patrick Geary, “Living Geary, Patrick see: peacemaking, of medieval institution and practice the of analysis a detailed For This medieval representation of peacemaking viewed private modes of conflict of modes private viewed peacemaking of representation medieval This (Oxford, 1985), 59-60. Making Agreements in Medieval Catalonia. Power, Order,andthe Written Word, 1000-1200 Law, FamilyandWomen Disputes andSettlements: Law and Human Relations in the West Chapter 9 – Peacemaking and Private Arbitration Private and – Peacemaking 9 Chapter 715 , eds.Thomas Head Richard and Landes (Ithaca andNew University Cornell York: In the view of what has been said above, it seems quite Historical Journal 716 The Cult oftheSaints.Its and FunctionRise Latin in Christianity , 19-74; William, 19-74; I. Miller, Land and Lordship The Peace ofGod:Social Violence andReligiousResponse in 243 39 (1996), 920-921. , 18; Michael T. Clanchy, “Law and Love in the Bloodtaking andPeacemaking Past and Present , ed.JohnBossy (Cambridge: 178(2003),90-93. For Christianity in the , 259-299; , CEU eTD Collection Arbitration in Renaissance Florence,” 21-22. Florence,” Renaissance in Arbitration 718 respectively.”See his, “The Study of Dispute: An Anthropological Perspective,” 15. on whole the too beautiful; we cannot necessarily present negotiation and adjudication as law loveand 717 litigation was blurred. quite from peacemaking separating line the Rus’ Galician medieval in late that out point to want context the of noble the in enmity late the medieval Kingdom of and I foremost Poland. First made on ofpeacemaking,nuanced study itaspects andmeanings which contingent those of official courts, private arbitrations made wide use of pledges of peace( pledgesof use of madewide arbitrations private courts, official to Similar institutions. judicial extra-official and official the of activity in the crossroads settlement. of the responsibilities scope indeed the Quiteisabout rarely ininformation settlement. present participated dispute who arbiters of names the contain often also records The a sentence. accept to a refusal foreseen in thegiven case of a breach of the private were settlementwhich that had been sanctions reached, orif mention there they was or reconciliation, final of to terms the of speak usually the arbitersin registers inserted official the court concernedwith peacemaking Records institutions. to settherefore, and implement and, chancelleries court of the andscribes notaries tothe little interests wereof questions invoked did initswere course? Whatarguments Those negotiations look? How process of the theythe terms didWhat such settlementswere proceduresand settlements? of remainunknown. phases private of notamicable significance of oral communication in reconciliations,find concludingprivate many of key aspects the account into Taking theirland courts. and thecastle of thechancelleries of activity the way of product addition, In they were the lawsuit. phase of one an official They represented often intoproceedings. context the peacemaking of from court official comes All theevidence about the documentation9.1 Arbitrationand official courts of the fifteenth century. of the reconciliationprivate as “autonomous” an process andinstitution are minimal for periodthe officialforms of dispute extra-judicial the between settlements interdependence the of view In Rus. in Galician settlement dispute and thejudicial official courts, opportunitiesgovernment. to investigate the institutions interwovenof justice the wereclosely and nobleself- peacemaking of royal with forms of For quite similar observations concerning another region of medieval Europe, see Thomas Kuehn, “Law and “Law Kuehn, see Thomas Europe, of medieval region another concerning observations similar quite For Inthis regard it is appropriate to quote a suitable remark by SimonRoberts: “… thepicture of negotiationis Due to its character, available evidence is particularly illuminating for analysis of for analysis the of illuminating is particularly available itsevidence character, Due to 718 Thisfundamental wasof mostone features of the institutions the of private 717 In spite of their informal and private character, the institutions the character, private and informal of Inspite their 244 vadium ) to prevent a prevent to ) CEU eTD Collection expectation that in the meantime the parties would be able to reach reconciliation. be to able would in meantime parties the that the expectation indication that indication to next hearingthe private forms of settlementis the postponement of a case held at the session of castle court with short church). or diet, note court, royal the (like places in public or centers, administrative from remote houses), private in be held arbitration The placesinstitution of either could private the peacemaking. (like in the elements unofficial and official of interplay the displays also reconciliation a arranging court. official the before made judgment the implementing alsoof arbitersresponsibility forthe took peacemaking.process happened It that in some points the on varied arbiters of especially when opinions landthe courts, castle or Examples,” inhis Kuehn, Thomas See: Florence. medieval late 724 (July 14, 1464). (April 30, 1470).Insome cases buildings sacred could be also chosenforarbitration, see Ibid., vol.15,no.3272 Seevol. Ibid., 18, no. 2539 (May Ibid., 17, 1496); vol.13, no.3899(March18, 1449);Ibid., vol.17, no.354 time, the court registercontains references to districts’ orthe kingdom’s diets as a space usedfor peacemaking. 1477); Ibid., vol. 3993(November13, no. 12, 1449);Ibid., vol. 746(February 17, no. At the same 3, 1472). 723 722 Transposuit”; For anothersimilar evidence, see Ibid., vol.18, no. 4155 (June 20, 1503). invencione arbitrorum, quod iuramentum domns. Iudex adfer. Sextam prox. post Conductum Pasche prox. hodierna debuit iurare pro quadam summa adinstanciam nobil. TrochynSvmno officialis de Ianczynex 721 720 no. 5969 (October31, 1465). succumbet sexaginta marcas vadii adinventi perarbitros, Budzywogio medium et Capitaneo medium,” marcas decem etarbitris marc decem castrensi Iudici dom. marc., decem Capitaneo domino videlicet marcarum, 719 courts. place judgesof official take the before arbiters, could of decisions followingprivate the oath-taking, which involved into theprivate settlement parties the carry were bound out to as andsteps,such Forinstance, actions some frequently connected. closely hand,were other responsibilities and functions of arbiters, on the one hand, and judges of official courts, on the arbiters. the of thedecision of implementation the to testified figures in functioningthe of official –werecourts regularly during present arbitration and is ofbailiffs court thatthe ofkey feature quitetelling – the peacemaking Another records judge. court eventhe captain the or arbiters, to butalso another partyor paidnot only to be hadto pledge of the part settlements, broken of case the In reconciliation. the breach of The postponement of cases by judges operated as an effective strategy for encouraging peacemaking in the in peacemaking encouraging for strategy effective an as operated judges by of cases postponement The Note the evidence mentioning private residences as places of arbitration in Ibid., vol. 18, Ibid., vol.no.13, 946 no. 909(March(January24, 1438). 14, See in Ibid., vol.17, 4227 no. (March 20,1506), “Quemadmodum nobil.Olechno Bolobande Strathyn de See Ibid., vol.17, no. 3480 (April 10, 1504); Ibid., vol.13, no. 5969(October31, 1465). triginta vadio sub debent tenere partes concordiam “Hanc regard: this in revealing quite is record One , ” 721 The most common type of records from the fifteenth century with information about information with century fifteenth from the of type records The most common see in The also sources supply evidence arbiters about taking counsel from judgesthe of AGZ partes receperunt adconcordandum Law, FamilyandWomen, 723 , vol., 13, 5880no. (July 1465).18, Consider also very case:similar “Si non condescenderit, ob spem concordie etamicabilis compositionis 82. Kuehn makes a reference to a telling example of Francesco of example telling a to areference makes Kuehn 82. “Dispute Processing in the Renaissance. Some Florentine Some Renaissance. the in Processing “Dispute 245 . Behind this sort of . Behind decisions of sort this court layan 722 720 The choice of for space of the Thechoice The evidence shows that the that shows evidence The 724 , or with In some in Ibid.,in 719 CEU eTD Collection the royal privilege issued for the Crown’s estates in Jedlno in 1430. The paragraph in in paragraph allowed Jedlno 1430.The estates issuedfor Crown’s royal the the privilege in for instance, of wereexplicitly one promoting paragraphsof the articulated, peacemaking active role of the kingevidence and royal fromofficials his starting captain, charginghim with responsibility to the the peacemaking. the inroyal encouraging legislation to mandate an addressedaspecial initiated by could king.The kingonsuch be occasion the peacemaking. of theThe royalfifteenth efforts incentury confirms the impression of the castle court: “quam court: castle 728 altera ob spem concordie et amicabilis compositionis ad f. S. Stanislai…” Nicolaum filios olim Stanislai Derschniak de Rokythnycza exuna et Michaelem Hlyeb de Syennow partibus ab partes thearbiter: of role the on take could captain, who proceeding the before court the in of middle the even couldoccur (March 20,1503). 729 vol.11, no. 59 (June 10, 1424). Capitaneus 725 that they would beg me to make it.” proposal whicha would been thus, have refusedAnd hadI made it atthe start, came themselves. to appear so attractive atthe propertime settlement a seek to parties the caused I delays, and postponements various proposing came before me which forGuicciardini’s one opinion on this point:reason “In my various administrative or posts I have observedanother thatwheneverdisputes I wanted to settle, I never mentioned a settlement. Instead by ex officio way makes tothe waspromulgated. in noreference it however, which concordandum have arbitration ( becausecase settled parties agreedto byprivate the occurred the hearing of a lawsuit example,For thePrzemysl registermentions land court under the year delays of 1437 two in between Alexanderproceedings. court landcastle or at or asentenceadjudicated agreement aprivate reached as of Rybotycze terms refersto record acourt whether a definite conclusion come to hardly can andcases, one Nicolas Rychlik. The delays 727 207-8. peacemaking duties of the royalchief Angevinjusticiarin England, see Paul Hyams, 726 dispute settlement. Ibid., vol.15, no.482(April17, 1467). Consideralso a tellingevidence of a lagal record from Sanok the Ibid., vol.17, no.4107(November 8, 1504) See Interesting parallels canbe also drawnfrom evidence supplied by Paul Hyams in his analysis of the AGZ AGZ . 728 , vol., 359517, no. (October 13, 1506): “Magnificus Palatinus Dominus Russie et Premisliensis The arbitration, if settled between representatives of powerful magnate’s families, of magnate’s ifpowerful representatives The between settled arbitration, Evidence suggests the active role of royal officials in promoting private forms of forms private in promoting officials royal of role active the suggests Evidence on the basis of the court decision or the captain’s will. , vol., 13, no. 366 (May 13, 1437); no. 646 (December9, 1437); no. 831 (April 7,1438). ɟ x officio suo inquocumqueterminos gradu pendeantiuris inter nob. StanislaumIoannem et ). The subsequent sentence, recorded in the register in the first half of ininsentence, the thehalfof first register ). The subsequent 1438, recorded quidem causam pro se accepitdominus Capitaneus adarbitrandum interipsos…” 726 For example, court records often speak of private arbitrations initiated arbitrations private often speakof records court example, For et doms. Capitaneus in iudicio residens morearbitriinvenitinter et doms.Capitaneusiniudicio . Anothersimilar example isprovidedby vol. 17, no.3433 Ibid., 246 727 A private reconciliation Aprivate 725 Rancor and Reconciliation and Rancor 729 Some in Ibid.,in ad , CEU eTD Collection istis amicis dare debet ad manus.” firmiter partes ambe iste et nollet invenirent, arbitres quod tenere, hoc aut locaret non pars “Que 1438): ipsi arbitri interipsos invenerint, hoc totumpartes tanquam debent de iure pati.” Ibid.,vol. 847 (April13, no. 7, 732 societas etconiunctio hominum inter ipsos duraret.” uitiis obnoxiaest uita,humana ut innisi multis conniueamus acerrata nobis mutuo condonemus,diu non haec 731 Palatinorum ac castellanorum, eosdem liberos facimus et solutos.” judicijs, quibuscunque pro causis concordare voluerint; apoenis nostris, etJudicium subjudicium, ac 730 quiteonlyon easily of disputing Theprocess thus, the peacemaking could, of parties. one judgmentof arbiters wasabinding bore decision, which often markthe a sentence of imposed peacemaking without payingfines for their from withdrawal an official court. recourse to involvednobles totake courts before indisputes the royal of kingdom the mediation. preferences the reflects explicitly reconciliation of language the cases some In mediation. of the that given settlements comingended from private palatinate upin Rus’ the form not the arbitration, of to the arbitration and its quasi-juridical terminologythat: rather noted he society in contemporary peacemaking of role the By discussing Modrzewski. Frycz than towhatwith considerable wasspelled out in clarity the the frequent useofviolence and inefficacy of royal justice.administration of is, This instance, for andpeace, trust solidarity indispute asociety by was where settlement dominated the peacemaking stemmed basicallyfrom its ability to provide anindispensable level of social opinion of a wider communalguarantee agreement. theirjudgmentthat will wouldthe In wayarbitersthis hadto reflect and concern about relydesigned noble to dominantvalueson such of culture aspublicconsensus and overall an outcome of was Their decision noblecommunity. wider for the asspokesmen a acted Peacemakers dispute. A social ideathe which of judgment demand themedieval law of collective shaped andjustice.understanding for of expressions apparent most the of one were settlement dispute forms of Private legitimacy. for the official courts, like courts, official the for Andrzej Frycz Modzrewski, VL AGZ , vol. 1,42.1: “Item si qui terrigenae, aut quivis alij incolae Regni Poloniae praedicti pendente lite in , vol., 18, 1063 no. (April 7,1478): “Quibus Perhaps itsdue to close with interdependence majority justice, evident the official of Frequent recourse to peacemaking can be explained in terms of the sources of its of of sources the in terms beexplained can peacemaking to recourse Frequent human life is subjected to so many lapses, errors and we many unless lapses, so vices that to errors lifeissubjected human ties of solidarity will not last longer. last not will solidarity of ties and community human the other each with and reconcile condonate are to 732 Some documents intentionally used phraseology which was more characteristic Commentariorum De Republica Emendanda adiudicare instead instead of arbitris ambe parte debent dare firmiterin manus et quidquid 731 247 componere De emendanda Republica De emendanda or , 154:“Tot lapsibus, erroribus et invenire . As a rule, the 730 by Andrzej CEU eTD Collection from the second half of the fourteenth century, Khodko Dvorskovych. Khodko century, fourteenth the of half second the from boyars Halych powerful most the of one of brother a was latter The Dvorskovych. Derszniak rodzinny i dworski Dymitra z Goraja i jego rola na Rusi” (The family and court circles of Dymitr of Goraj, and mentionedKhodko Derszniakowych,was in1393asroyal who brother, his and Orzewice of Nicolas-Senko origin. Ruthenian of clan noble local influential in be could created process of the peacemaking. by people,networks obligations, be common the of united andnumerous the diverse could inRokytnica, land recorded on Przemysl the March court what 19, 1460,exemplifies Jan Barzy between arbitration of private the document The substantially. numbers these could exceed and Elizabeth, settlement in aprivate of involved people number casesthe Inexceptional persons. to three conflicting parties. The numberof arbiters proposed by litiganteach usually from ranged one widow by the usually recruited were They peacemaking. of in process the keyfigures Arbiters were of the Przemysl chamberlain Jan-Ivanko Derszniak of 734 733 9.2 Peacemaking and ties of solidarity: The case of theKor and ethos. coreof identity the noble as humiliating and damaging one’s public to and reputation honor–values, which constituted in medieval society meant a defeatinlitigation regarded was usually that adjudication official since isparticularly important, settlements Thisof defeat of one of aspect disputants. private mitigated real the and reconciliation disguised form private inarbitration, of adjudication the cloaking and justice administering of channel alternative an with noblemen providing courts such an avoidcreated opportunity fearedmuch to of andseverely shortcomings official criticized as corruptionprivate arbitration hand, recourseto widespread peacemaking the one the On wastwofold. of aim the view, of point this From system. judicial official the of extension an as or served often settlement permanent dispute of forms private time, same the At law. the over compromise delayspromote the dominant legal and social ideasin of the noble societyhearing thatofficialGiving courts. preferencetoprivate forms hailed of settlement,dispute judges soughtto the priority of the of imitatecases. rules the to and procedures institutions tended peacemaking form and rhetoric, Onin traditional how, preserving an betaken of example as can This typearbitration of wrongs. the otherdepart from some itsof basic principles, that is,hand, a mutuality in compensation and reparation of by The genealogy The family ofand Barzy Dershniaklinks and have beenexaminedFranciszek in Sikora, vol. Ibid., 13, 4443no. (March 19,1460). The Barzy and Derszniak families represented two closely related branches of one branches of closely related two represented families and Derszniak The Barzy 248 733 comornik þ aks’ arbitrations 734 The Przemysl The , were sons of “Kr ą g CEU eTD Collection 735 Ɍ veka 736 perspective) (Toru porównawczym to intensify and widen toprevent pressure disputants social inorder the on from them tended inamicablecompositions of sureties presence AsElizabeth. the arule, chamberlain to Przemysl of deseased the estates the to pertaining the privileges pass would Barzy Jan warrant that hadto of sureties secondgroup as sureties of DietJanBarzy. This Piotrków nobles (3men)from pledge another of had peace they previously been appointed atthe of group freed another arbiters the thepledge.Simultaneously, inviolability of guarantee the had to who for eachparty, onesurety andchose parties between the of a highpledge peace children and the administrator of the estates of her dead husband. The arbiters also established which widow Elizabeth, the of was appointedJan-Ivan Derszniak, as guardianthe herof upon terms the settled court, royal the at gathered arbiters ten agreement, the to According the arbitration.guaranteeing termsof the forof upapartresponsibility the groups took thesedifferentstages. Eachof ofpeacemakingjoined at superarbitersarbiters the process or – Derszniak. Asfollows mediators –sureties, various from agreement, textof the groupsof the obligationscommission and agreed to of rights guardianshipthe overthe children Jan-Ivan of mutual specified in peacemaking the involved parties man.The deceased the relatives of settling hadmutual atarisen reconciliation aimed claims The Derszniak. among the that content. the about information no provides it although an year families,underregister, notes between the the amicable same court 1451, agreement court register onefamilial land PrzemyslBarzys and 1449inthe property Under relationships. close kept upthe can find the record of a failed attempt of exchange of their estates. The his role in Rus’his lands)role in in families. both by then until possessed been had village Olexivka,which Derszniak divided the andJan-Ivanko of Nicolas-Senko Orzewicze 1439. AugustAccording underPrzemysl register 10, this date the landcourt record, to in inserted in the be thelegalrecord, of identified 1430s. Traces can ownership common Senko of Orzewice. Nicolas- sonof wasthe latter andthe Derszniakovych Khodko of was son the former the Both families since firstcousins, Barzy were the andJan Rokytnica, of Derszniak chamberlain, Jan-Ivanko still held their land estates in common possession in the umen, 2001), 17-20. Ibid., no. 3961 (May 1449);20, Ibid. 4301no. (March 25,1451). AGZ (The Peremyshl’ nobilytfrom the seconf half of the fourteenthto the beginning of the sixteenthcentury) , vol. 13, no. 1229. no. 13, vol. , The arbitration from 1460 was concluded because of The from arbitration 1460 wasconcluded death Jan-Ivankothe of because of (Genealogy Ĕ , 1989), 76-77;Sergey Pashin, Genealogia –kr – professional circles and groups of powermedievalin Poland incomaprative Ċ gi zawodowei grupyinteresu w Polsce Peremyshlskayashliakhta vtoroypoloviny X 249 735 Following the division, the Derszniaks and 736 Ğ redniowiecznej natle ȱ V- nachala XV ȱ CEU eTD Collection noble clan of Ruthenian origin calledKor Siennowskis, Boratynskis-Bolianowskis,and Czurylos they constituted the core of a powerful Prochnickis-Rozborzskis, Bybelskis, the is, that families, other few the with Together relatives. were Barzys’ above, Dershniaks’and the noted As of process peacemaking. Jan intohow Barzy provide insight various networks familyof behind ties operated the between and Jan of solidarities The arbitration of the Derszniak kingroups. documents within for asaforum themanifestation operated and affirmation reconciliations inprivate relatives intrafamilial of resolution the facilitated they apparently settlements, in private family ties the conflictsAs concerns Elizabeth. and Barzy Jan between reconciliation the of incase the in arbiters of peaceful recruitment the and amicable ways. At the same time, the interactions of record, Elizabeth recognized the fact of fact of expurgation. Jan recognizedElizabeth the record, Barzy’s follows from the As husband. her weapons and deceased cattle of the goods, misappropriated had Barzy Jan that alleged She him byElizabeth. against advanced accusations from himself Jan expurgate that by forced Barzy to relates arbiters was the arbitration the was reached. It time before the from parties between of animosities details some offers record The year.same from register the oflandcourt Przemysl record the in another is of reflected this arbitration transfer of the guardianship toElizabeth. brothers,his confirmed of the with JanBarzyand two superarbiters, assembledtogether superarbiters thirty marks from annually estate’sthe income.inAlso 1460,threeof the the pay the obligedto was Elizabeth Moreover, guardianship. anyabusesinElizabeth’s detected incasethey for themselves estates of the the administration orreserve a new guardian toappoint with endowed also power the were superarbiters The her children. guardianship of who were entitled whodareddisturb theestablished to peace. those to inspectby localwelcomed againstcertainly ofthe not community and public opinion nobles run howtheir Elizabeth adversariesdisputants ensued multipliedautomatically of that lawsuits sureties against number the of also breach a Such disputants. between administered enmity new a of beginning the or litigation or sureties the estatesagainst andtheir conducted fellow disputants.the This growth of tension was 738 737 breaking a settlement. 739 For the role of sureties in peacemaking, see Adam J. Kosto, Ibid., no. 4564-65. AGZ , vol. 13, no. 4563 (October 7, 1460). 7, (October 4563 no. 13, vol. , Family ties and belonging to the local power elite played the most important roles in roles important most the played elite power local the to belonging and ties Family In addition to sureties,In addition arbiters the aspecialto elected men)of group superarbiters (7 737 The breach of a private settlement not only meant the renewal of renewal the meant only not settlement private a of breach The 738 þ The next stage of the implementation of the terms ak. All familiesthese mostly inhabited Przemysl 250 Making Agreements 739 , 124-33. CEU eTD Collection 1430s to 1450s underwent a process of dissolution. The generational changes that took placetook changes generational that 1450s underwent of The a process dissolution. 1430s to from the tiesestablished scene into the new generations Perhaps with of coming sources. 1470s,the evidence for mobilization the of large groups of membersclan islacking in the from starting period, later in a that mention to important is It class. noble Polish the of values in whichthe Ruthenian landowning elite appropriatedand accommodated ideology the and the reforms of reformsthe The of 1430-1434. construction of knightlythe clan of Korthe by introduced reality social and institutional new the to of response asort boyars represented the ofRuthenian Polish andmatrimonial strategiesdescendants of ruling class.Thesekin the pace Kor inof landowners accelerated 1430-1434 Galician the to nobility Polish the of privileges the of grant the and system administrative and legal Polish the of extension The culture. noble Polish of norms dominant the to according the boundaries of a new kin community, which was conceptualized as a heraldic clan marriages during the first half of the fifteenth century, the Kor the century, fifteenth half first the of the during marriages mutual by ties intrafamilial Strengthening clan. knightly a heraldic into alliances, family changing continually and connected loosely based on kindred, the oftransforming process the process of the formation of local knightly clan. It seems that this was the crucial momentin the inbe pointingmid-fifteenth to asthemainclue group seen century. Thisshould the clearin trend Korthe series of marriages among the members of these Kor of these members the among marriages of series in the kinshippoliticsfamilies. from The these of timesources a that provide about evidence politics. Galician in local to theRuthenian landowning elite in1430-1434,the Kor Przemysl judicial system in Galician Rus’ extensionnobility of privileges the and the of Polishthe the members of the Kor the of members forboyars made representatives the of Ruthenian wereendowedexactly known first on the earliest donations that or confirmationsmention to is enough it of land context this propertyIn the century. Polish fourteenth king the Casimir of half the second Great inthe State giventheAnjous support the Piastsfor and lands struggle the to in Haly theirof Romanowy of time the most numerous localnumerous (theirmost privilegedbelonging group the boyar to Haly Rus’ palatinate until the 1460s. Ancestors of these Kor land andheldprominentpositions in localthe powerand hierarchy wealth landandthe of this During the first half of the fifteenth century one can observe a highly significant trend significant highly a observe can one century fifteenth the of half first the During þ ak families. Following the introduction of the Polish administrative and administrative Polish the of introduction the Following families. ak þ þ aks’ matrimonial endogamy towards politics and the closing of the i can not be verified with certainty), who had benefited greatly from greatly benefited had who certainty), with be verified not i can 251 þ þ þ aks’ families were among the first and aks’ families. This evidence shows a shows evidence This families. aks’ aks’ integration into the ranks of ranksthe into of aks’ integration the þ aks defined at the sametime the at aks defined þ aks strengthened theirrole þ þ aks reflected ways aristocracy from aristocracy þ -Volyhnian CEU eTD Collection Ivan Derszniak from May 20,1449,belonged tothe Kor seven witnesses to the document of the exchange of the estates between Jan Barzy and Jan- of Fourout andDerszniaks. Barzys are enlightening between the relations records that the on dominus IOhannesdeStrzelcze cumdomino Stanislao suo fratre etvenerabilis CzurilodeStoyanicze, Iohannes de Rozborz, Iacobus deSennow, Iohannes Ivan Derszniak: Mzurowsky are referred to in the document as uncles and grandfathers and Czurylos, Siennowskis, of Prochnickis-Rozborzskis, representatives of superarbiters. The the children of Jan- the with parties conflicting the linked that affiliations kin the for terms precise mention didomitto revealing isalsodocument not thatthe It sureties). and peacemakers (arbiters families. Some men,Jacob like of Siennow,Jacob ofstolnik SiennowJan of Rozborz, and Jan the pledge said andof (the whowarranted Haly Siennow sureties, the hisbrother, Jacob ofand Rozborz, Jan Czurylo fulfilled of Stojanci) several belonged duties asto this circle of the Przemysl the Haly (the arbiters of ten Three out capacities. possible in all settlement dispute the in involved were Czurylos, and Siennowskis Prochnickis-Rozborzskis, and the outcome of the reconciliation. The parties’ closest kinsmen, the members of an exemple demonstrating how their Kor their how demonstrating exemple an clan. heraldic a new of borders the reinforcing and creating at aimed generations ofthose members the between interaction of close the in context the viewed private reconciliation among the Przemysl Kor reconciliation Przemysl the among private to recourse frequent The hands. in their land Przemysl of offices major all concentrating in and succeededin reform actively of 1430-1434 of implementation who the the participated Kor generations of the two or one in of activity asapeak the discerned be can decades These manifestations. for such occasions common most of one the represented reconciliations Private relatives. their of affairs the and disputes family in intervened manifestedandrevealedin of frequently of actions wide collective kinsmen,the groups who Kor relatives. important and newmost of closest circles the family 1460screated after the inties of configuration the þ aks as a broad kin community with strong intrafamilial ties. These ties were most Andreas of andfour outof Andreasseven of Siennow), Andreas and the saidsuperarbiters (the The members of the Prochnicki and Siennowski families also appear regularly in other in regularly appear also families Siennowski and Prochnicki the of members The The agreement between Jan Barzy and Elizabeth Dersziak from 1460 can be taken as be taken 1460 can from Dersziak and Elizabeth Jan between Barzy The agreement The available sources from the period of the 1430s-1450s often portray often the Przemysl portray The from of 1430s-1450s the available period the sources podstoli quatuor patruisetduobusavunculis puerorum Andreasde videlicet Sennow, Alexander of Prochnyk, and his brother Jan of Rozborz), all two þ ak relatives exerted a strong influence on the course the on influence strong a exerted relatives ak 252 þ aks from the 1430s to the 1460s should be 1460sshould aks from 1430s tothe the þ ak families (the Przemysl castellan þ cup-bearer, Jacob of Siennow, Jacob of cup-bearer, . þ ak families, who ak þ CEU eTD Collection of Kor of peacemaking can be found in the cases of Kor of other found inthecases be can peacemaking nobles. of other assureties served together men proceedings. provided financial Both with Dershniak eachother the court aid and during forup thefunction Jan of took attorney Peter of supply Prochnik that sources evidence mayor. of Przemysl the granddaughters) (or daughters the of and guardians In the recordfrom court of andPeter mentioned1443, Jan ProchnikDerszniak are as Lopuszka. Jan of and Pantalowice of Nicolas Szerszen neighbors, between their settlement Rozaburz) and two members of the Siennowskis (Andreas and Jacob of Siennow). consisted of two members of the Prochnickis (the brothers, Alexanderto of Prochnik and Jan theof brother Hliblate over guardianship of the Boratyn children of the the Elizabeth Derszniak, conferred of thewhich included almost the same people as in Kor thedeceased case the of of the arbitrationbody the between 1460, JanIn Barzy case. and another mentioning worth also is it above, mentioned – Dmytro been have that relatives close of other affairs in family the intervention their of evidence of Bolanovychi.especially close links as peacemakers in dispute settlements of their kinsmen. Besides the This body of decision-makers 740 guardianthe hisof children. Derszniak in his1460. Before had Jan death, Peter evenappointed Derszniak of Prochnik as fixed fate of Prochnicki among the of arbiters Peter children Jan-Ivan whothe was Prochnik. of Peter andcastellan Przemysl the Derszniak Jan-Ivan chamberlain Przemysl the between interactions. lookingit In is this theregard worth long-standing amicablerelationship at and forms ofmutual andsupport aid whichwere widely employed by Kor the Prochnyk and Haly the of Peter castellan Przemysl families(the and Siennowski Prochnycki the 1451 represented in between Two Barzy and JanDershniak Bobrka). of peacemakingJan out the six of arbiters stolnik thePrzemysl his brother ofProchnyk, Peter 744 743 742 741 Ibid., no. 977, 1678,2396. Ibid., no. 1912 (25 February 1443). Ibid., no. 4115 Ibid., no. 4253. AGZ , vol. 13, no. 4541 (7 October 1460). October (7 4541 no. 13, vol. , Jackoof Byblo, the Haly The principle of mutuality that underpinned the interfamilial cooperation in cooperation interfamilial the underpinned that mutuality of principle The Representatives of Siennowskisthe and Prochnickis seemtohave established The significant role of kinsmen in the peacemaking process was just one of many þ ak families, that is, the representative of the Boratynski family, Demeter of family,Demeter Boratynski of the is, representative the families, that ak þ stolnik 741 Andreas of Siennow). In 1441, both In figureddignitaries1441, both had arbiters of as a dispute þ cup-bearer Jacob of of Jacob Siennow, andperhaps cup-bearer Shymkoof 744 253 podstoli þ aks as well. For example, two members two example, aks asFor well. Alexander of Prochnyk, the Przemysl 743 þ aks in their daily In addition, the addition, In 740 avunculi þ aks, 742 CEU eTD Collection arbitration between his relatives, the Prochnickis and latter’s neighbors, the Mzurowskis. the neighbors, andlatter’s Prochnickis the his between relatives, arbitration Siennow, acting on the order of the Przemysl captain, attempted to settle a conflict by 749 748 747 746 745 Uherci, and Jan Czurylo of Stojanci. of Jacko of Bolanovychi, Demeter of relative between the dispute the settled arbiter single the included, of amongothers, Jacko Byblo and Peter of Prochnik. of and arbitration from Bolanovychi of private between Demeter Peter Vapovychi 1447, of reconciliations. in of each for the peacemakers Thelist providedother support private Byblo, of Jacko family, Bybelski of representative the kinsman, his and Bolanovychi poweful member of the Przemysl Kor Przemysl member of the poweful heberman, the stood arbitersbody of head of this atthe agreement, the According to four arbiters. handsof the into dispute of their resolution the transfer to agreed parties conflicting the that in register it land insertedinto Przemysl1442 has court the Ann,on Therecord wife other. the his and Barzy Jan and side, one the on Bybelski, Jacko between arbitration the caseof the in andHaly of Przemysl group of the office-holders belongedarbiters to nineoutof the ten showsthat reconciliation this arbiters group the of of of composition The Derszniak. Elizabeth and Barzy Jan between agreement the of in the case example, for visible, is clearly elite power the of members of dominance The end. definitive who were endowed with authority, capital,and aninfluential position bringto the dispute toa peacemaking was first of all a business of the most powerful members of family groups, those to invest some and efforts in resources its settlements. Itis notsurprising, that therefore, A groups. interested kin in group preventing between conflicts anescalation of had relatives effective mechanism of constraints putting on andenmities disputeswithin outside and family Kinparties. loyaltiesin peacemakingasan mobilization the operated and their process involvementof oftenkinsmen meant possibility the pressureexerting of on conflicting will of not The process on peacemaking didonly good the parties. Theactivedepend both of 9.3 Arbitration and local powerholders BybloandSenko Gregory Riedl, atownsman from Nove Misto. Jacko of of between brother agreementthe in an amicable mediator concluding 1465 as the Ibid., no. 3027. Ibid., no. 1779 Ibid., no. 6324. Ibid., no. 5226 Ibid., no. 281 that is, the superarbiter, the L’viv castellan, Senko of mostis, perhaps of Siennow the Senko L’vivthat superarbiter, the the castellan, 746 Inhis Demeter of turn, in participated Bolanovychi þ aks atthattime. 254 þ land. The same pattern canbeseenin same pattern land. The 748 In1446 sameSenkothe of 745 747 In 1463, Jacko of In1463,Jackoof Byblo as 749 CEU eTD Collection medium invenire.” medium quis ibi fuerit,non tunc quiexhii, hiis hic denotatis fuerint,erunt potentes iure medianti inter ipsas partes castelanum Premisliensem, et Zyrawicza de dominum Dobeslaum Spithkonem de Leopoliensem, Iaroslaw castelanum Succamerarium Sprowa de Premisliensem.Odrowansch Paulum Et si Chothecz, de horum Stanislaum instanti ibidem mittere debent pro hiis omnibus supermagnificos Dominos Pallatinum Russie generalem 751 Peacemaking is pointed out in the analysis of the feuding culture of medival Iceland inWilliam I.Miller, obligationThe of andpowerholderskinsmen to inintervene and bring compromise adispute to disputing parties kasztelanów wojewodówi krakowskich czasach panowania W of magnate of groupwere the seen public of as guardians the andjustice order in the Jaroslaw. of Spytek chamberlain Przemysl PiotrW 750 Odrow Paul castellan L’viv to hand the casefrom 1468 plainly stipulatedover thatif the arbiters were unable come to an to agreement they had for the Stojanci of Jan and Czurylo Lipski betweenJan arbitration of private the considerationa document instance, for helppeacemakersgroup in during difficulties that resolving arbitration. encountered For of the Rus’ palatine members magnate of the bycases in to appeal sources of the is clearly rendered social ideas Stanislasbody,guarantee andobliged able stabilitythe and to peaceof community.the kindof This of Chodcza, informal social elite wereviewedasan of power representatives the of context peacemaking, the group. magnate members of the of responsibilities and functions public the about nobility widerof the expectations the it to conformed because evenrequired, welcomed, or also considered as common bytheir butwas nobles capacities, between wasnotonlydisputes conditioned power a part of their public obligations. Theprestige. intervention and resources power necessarily the with equipped noblemen of help the with of be achieved powerful men was could only and enforcement following the arbitration elite successful power among arbiters: importanceand (3times). confirm againMzurowskis Thesedata ofmembers once the the of Rybotyckis, Koniecpolskis, the times), (4 Jaroslawskis and Siennowskis, Fredros, the times), (5 Herburts the times), (7 Prochnickis – the families noble influential and magnate following only cases.In three samplethis therole of wasarbiters most frequently by memberstaken of landin figuredin held hierarchy the local no who arbiters offices are available,power arbiters of names the which for century sixteenth the of beginning the and fifteenth the of period the for register land court found in Przemysl the reconciliation private of records twenty seven An analysis of public functions of the magnate group in the late medieval Kingdom of Poland can be found in be found can of Poland Kingdom medieval late the in group magnate of the functions public of analysis An AGZ , vol., 704613, no. (July 1468):si12, “Et arbitri medium interpartes invenire poterint,nonextunc in Ċ On the other hand, the frequent involvement of magnates in private settlements of settlements in private magnates of involvement frequent the hand, other the On Of Galicia. infifteenth-century of arbiters duties outthe carried commonly Magnates ckowski, , 259-260. Dzia á alno Ğü publiczna mo ąĪ , the Przemysl castellan Dobieslas of of Dobieslas castellan Przemysl the , Ĩ now 751 á asztwama Byassuming the role of arbiters, representatives 255 á á adys opolskiego w pó á awa Jagie áá y (1386-1434) Ĩ nym Ğ redniowieczu. Itineraria ĩ urawica, and the and urawica, (Warsaw, 1998). Bloodtaking and 750 In the In CEU eTD Collection neighborhood, but were of a more humble position. between members inheritancearbitration dispute livedan of of Koscej family,the inthis who stolnik judicial institutions, reliedinfluence butrather individual onthe members powerof and the of legitimacy the dependand efficacy of did judgment somuch not a court typeon the of much more onpersonal grounded andties dependencies.Itis justifiablethus suggest to that was government the authority. Instead, andof division technologies, bureaucratic anonymity, known, and in government exerciselacked the medieval society power amodern of is generally As settlement. dispute of forms extra-judicial private, from adjudication official alinean thatmade divided andblurred in unclear the process peacemaking of office-holders intervention The of noble idea the self-government. of anatural of represented extension behave in in principleinherent the accordance with of relationships.client reciprocity For a powerful man, to relationships. thepatron-client provide of dimension asignificant represented inarbitration assistance protection and helplessernobility. regard,the appeal humblethis their In for noblesto of powerful patrons to a client involved could as bemagnates mingled rolemore peacemakers their with private as of patrons the in a dispute was to during strong half the second of century.particularly fifteenth the was family magnate this of position the where a region district, Sambir in the settlements representatives of family figured Herburt the arbitersregularly in as dispute private Haly the is, that land, Przemysl neighbors. modest In 1469agroupof neighborspowerful from part southeastern the of evidence about cooperationthe magnatesof in settling the property of disputes theirmore man northeastern nobility amongof L’viv the part sources of the land.The also provide settlement. for Strumilo Dynoszyn private of the L’vivbanner-bearertheir George to dispute Semp of Zhelekhiv on the one side, and Jan of Neslukhiv on the other side agreed to pass Ibid., 2127no. (October4,1491). reconciliationbetween Vasko Tustanovski Mykhajlovski andthe family, see, Ibid.,no. 1887(April the 7,1489);and Miklash, townsman Sambir of the wife Hedvig, and Vanevychi from of Stanislas wife Margaret, between reconciliation the of arbiters as mentioned are of Lozov Miklash and of Fulstein Severin banner-bearer L’viv is headed by Przemyslthe stolnik, Herbord of Lozow, seeIbid., vol.18, no.1303 (December14, 1479).The 754 753 752 dispute settlementthe of his moremodest Thefigureneighborhood. oftheinfluential neighbor and frequentlypowerful looms behind See, for example, peacemaking between the Kolodnycki and Liubenecki families in 1479. The list of arbiters list The 1479. in families Liubenecki and Kolodnycki the between peacemaking example, for See, Ibid., vol.18, 59no. (April 14, 1469). Ibid., vol.15, no. 48(January 30, 1457). Jacko of Byblo, his brother Senko of Byblo, and Jan Barzy of Boloziv made an made Boloziv of Barzy Jan and Byblo, of Senko brother his Byblo, of Jacko In general, the active involvement of magnates in the politics of peacemaking of politics in the magnates of involvement active the general, In 752 George Strumilo, as holder of the Kamianka captainship, was the most powerful þ castellan Andreas Fredro of Pleshovychi, the Przemysl the Pleshovychi, of Fredro Andreas castellan vicini 256 . For instance, in and. For instance, Nicolas 1457 Bartosz 753 In another example of this sort, the 754 The public activity of CEU eTD Collection 759 (March 30,1473). Iohannesquare vadium decem adinstanciam marc. Petritransgressus est…” Consider also Ibid., vol.42218, no. locare debuerunt,extunc arbitri pro arbitros parte Iohannis Czessaczski ambe locatique nullum finem faciendo de arbitrio surrexerunt,controversies, eorum certis quibusdam in Leopol. Castr. Iudic. Krziwczicze de Petrum 758 757 756 Peacemaking and Bloodtaking 755 qualem hodiehaberedebuerunt ipsi inunumcomponere aliaszgodzicz non possent, extuncpartes habent talemterminum, returning failure,arbitration or acase thejudgment for of an court: official the possibility the of constantlymention stagesof process preliminary peacemaking the peacemaking influencedrecords reflectingof pursuit wasstrongly Court by enmity.the arbitration aninstrumentmaintainingof as enforcingand the peace. hand, On other the On onehand,the normative prescriptions and viewed expectations theinstitution private of of andpractice peacemaking. norms between the be crucial one contradiction There seems to 9.4 Labour ofarbitration community. noble the within solidarity of vertical ties magnates reinforced also handsof functions in the of peacemaking concentration inindividual his andprestige. the hierarchyof and place strengthen power reputation A thenobleestate. within position enhance theirexclusive holders to power worked as an as aform Peacemaking settlements. local reachedthe public private of of activity during effective decisions andsanction legitimate able to land the were or palatinate the of offices highest the held who and persons the – consequence important one had justice experienced of administration the in and This public between giveprivate verdict. lack body a clear of distinction a called to upon arbiter could expand the social capital of an adversary or even worse, of the deliberate breach of the peacemaking process. peacemaking of the breach deliberate of the worse, even or adversary peacemaking start his to present arbiters to for negligecting an opponent against of an accusation records and how many difficulties arbiters met on the way to reconciliation. The case in question is in question case The wayreconciliation. the met on to manyarbiters how anddifficulties of process bearbitration intentions of hinderedbecauseof could conflicting the disputants, arbiters. of sentence accept the in to parties a conflict of the one of arbitration report about withdrawal from a private settlement reached earlier, orarefusal of See, for example Ibid., vol. 18, no. 2023 (May 10, 1491). Ibid., vol.17, no. 4182 August 22,1505: “quod arbitrium locatum fuerat inter eundem Czesaczski et gsum. Ibid., vol.17, no. 354(April 30, 1470). AGZ, vol. 18, no. 1063 (April 7, 1478). Miller, I. William see: prestige, one’s enhancing of source a as peacemaking in participation the For A detailed reading of one particularly rich case will provide glimpses into how how into the case will A glimpses of rich particularly reading one provide detailed 757 or an accusation of careless conduct of the duties against arbiters of an , 264. . 756 Frequent failures Frequent of arbitration are alsosuggestedby 257 759 et si arbitri semet 755 758 Furthermore, Other cases Other CEU eTD Collection h. Zadora,” 762 regionalne PTTK w Brzozowie, 1991), 150-154. (Historical and geographic vocabulary of Sanok land during Middlethe Ages), vol.1 (Brzezów: Muzeum 763 im. Ossoli The records also show towhat extent the successful outcome of arbitration depended upon the changes in byfrequenttiresome of negotiation, process halted of positions litigants. the the elements. narrative lack such usually however, Rus’ palatinate, fifteenth-century the from arbitrations These Texts of landof castlecourts. and the isainrecords commonplace technique narrative records and arbiterswill byallowing them discussto and comment upon the procedure of arbitration. This make disputants the voices of tothe access of direct getting effect the creates text The speeches.” it possiblealso be added that a sufficient part of the account is conveyed in the form of to“direct see the arbitration as an enduring and 760 turn, Nicolas Bal was a greatgrandson of the same Mathias of Boiska. his of Mathias ofBoiska. of Boiska,a granddaughter In Boiska, adaughterof and Peter was is, the Herburts and Bals. They were that also Rus’palatinate, families the of magnate powerful most of the two represented relatives.Disputants other. the Theon motherHoczew, of Bal Nicolas of notary, Peterland Sanok the Odnowski,and side, one the on Fulsztyn, Susan of Odnowski of of Biecz, between captain arbitration the theL’viv chamberlainandthe Peter sanockiejw 1340-1650latach Cracow ispeacemaking. The accountespeciallyrichindescribing the activity superarbiterthe of –the valuable forrevealing details of of process the negotiations thattookplace during the of perambulation itself. process describes the part second perambulation. for The the beadopted thatmust procedure I amthe about goingcontroversy the illuminating to account focusdetailed is a part first The parts. two on into the analysis of firstin 1511. chamberlainSanok court part, which is especiallycourse of this peacemaking are of comparatively late date. They were input the register of the in San River. located upper the in Hoczew, of village centre the the of disputearoused oldthe ofthe patrimonial with Balfamily,the were part possessions which borders The estate markersestates. their on border up piling and perambulation of 761 vol.7, (Warsaw, 1904), 257. For a biographical sketch of Nicolas Lanckorónski, see Irena Kaniewska, “Lanckoro For the geneology of both families, see Adam Boniecki, Formation of these estates of Bals has been analized in details by Adam Fastnacht, AGZ , vol.19, no. 3110-3113, p. 657-668. The dispute and arbitration between Peter Odnowski and Nicolas Bal concerned the burgrabius Ĕ Polski S skich, 1962), 165-170; Idem, á ownik Biograficzny and the captain of Radlów Nicolas Lanckoronski of Brzezie. of Lanckoronski Nicolas Radlów of and captain the (The (The settlementyears of 1340-1650) Sanok landin (Wroc , vol., 16, no. 3(Wroc 762 6á The evidence offered by these records canbe offeredby divided The records these evidence ownikhistoryczno-geograficzny ziemi sanockiej w 258 Herbarz Polski á aw-Kraków-Warszawa,1971),446.2-447.1. , vol.90-92;1 (Warsaw, 1901), Ibid., 761 Records illuminating the illuminating Records 760 Ĕ á aw: Zak ski Mikolaj z Brzezia, Osadnictwo ziemi 763 Ğ á ad Narodowy redniowieczu It should It CEU eTD Collection see also: William I. Miller, classification of various types of peacemaking viewed inthe context of disputing strategies of medieval society, stressed by Roberts,Simon Study “The of Dispute: AnAnthropological Perspective,”12-3. For ageneral 26. Thedistinction24- between Florence,” arbitrator Renaissance and in adjudicator, as itArbitration hasappeared and in“Law anthropological Kuehn, Thomas research,consult: is also can one law, Roman medieval of 764 in sentence arbitration: definite the deliver the superarbiterthe to to addressed the parties of mentions request the also record The judgment. firm obey his of to terms instead, hadtotake the obligations and, superarbiter’s decisions the contradict to attempts abandon their to had parties disputing the that stipulates record the his responsibilities, While specifying thesuperarbiter. he when waselected register court the into Lanckoronski byNicolas inserted declaration, the openswith of arbitration the account The an superarbiter. emphasis onthis of competence aspect of Bal strong the the put also and Odnowski Nicolas between Peter of arbitration documents the during peacemaking.The evidence is clearquite on pointthe of superarbiter’sthe deliver capacities to ajudgment fifteenth-century The law. Roman medieval in arbiter the of that to closely most corresponded was an arbitrator the arbiter, tothe contrast law. In existing accordingdisputes following to legal and rules, norms procedures of statutory the settled arbiter in peacemaking.The medieval adopted different of types procedure two elaborated by arbitrator the and theorists arbiter of the institutions the between in drawn a distinction originated of medievalThis division arbiter. the superarbiter and namely, the peacemakers, of types two refer to Roman law. superarbiter and its role in legal from Galician peacemaking. fifteenth records the Bothcentury terms, arbiterarbitration. Therefore, it seemsand appropriate to startarbitrator, with a short outline of the institution of a point to his version of a final settlement. mediating skills of an arbiter, his art of persuasion, and his ability forceto disputants to accept mediating and convincing parties to accept an to amicable mediating parties convincing and agreement. a dutiesan not judgment.make werereducedto arbitrator’s This peace,that implies thearbitrator soughtto forjudgment,contrast, whichwas compulsory In parties. disputing impose his own to wasempowered The arbiter competence. of their andnature scope the and procedures of the positive law. In addition, the roles of arbitermore justicestrictnorms flexible to thanto notions and rather of peacemaker accorded peace and the arbitrator varied in Fora short overview of this distinctionbetween the arbitratorand the arbiterelaborated by the commentators In context of the late medieval Rus’ palatinate, the institution of superarbiter the of theinstitution palatinate, Rus’ medieval of late the In context figure of the as acentral Lanckoronski presentsuperarbiter Nicolas the Records Bloodtaking and Peacemaking 259 , 261. in quantumpartes ipse anobis exigebant et amicabilis compositor 764 , whose activity as a CEU eTD Collection Lanckoronski would complay regardless of the circumstances of perambulation. a future of of circumstances the regardless would complay Lanckoronski hisinpronounce judgment case failed mediation the They thatbetween parties. guaranteed would Nicolas Lanckoronski that guaranteed sureties Thesefor thesuperarbiter. warrant 769 partes.” prefatos inter arbitrando et concordando 768 componendo, in clausulis vel condicionibus et modis 767 766 ettenere…” observare firmiter eas sed contradicere non se submiserunt litteris nostre superarbitrarie facultatis tam papireis quam pergameneis firmitercredere et eisdemdiffinitum iudicatum; quia partes predicte perquod eorum causis eramus Superarbiterdesignatus obligaverunt et superarbiter’sjudgment without objection. on additional took the previousthe guaranteethatOdnowski accept group wouldto obligation from Odnowski the Thesame of sureties morePeter by setting warrants. enlarged uptwo further was peacemaking backing of up sureties network The peace. of this pledge guarantee sureties to recruited inhis two disputants were broken. support the agreement Each of pay charged agroupof if whowere appointed with duty sureties saidpledgethe the the to parties the florins. Moreover, toonethousand whichamounted high of peace, pledge bytheimposition a backed of renewforbidden This was parties litigation. provision to were the that was addedproclaiming documentAtanother in this point each court. against other cancel also to arbiters. disputants The agreed suits whichthe all had launched previously they appoint their to planned parties where the called Hoczew, Bal’sestate Nicolas at parties the of of arrival the date the set They peacemaking. of beginning for the necessary arrangements sentence. settle by his failed, the superarbiterpassing own dispute wouldacquirethe the to authority andnegotiation. mediation bymeans of a peaceful to reconciliation get parties the of to work arbiters group with together the to first superarbiterthe wasobliged proceed while deliveringhis sentence. The record makes it clear that Nicolas Lanckoronski as mode whichreservation significantthe accordingone to hadto concerning superarbier the iuritenebitur consonamferre sententiamdiffinitivam law:the to sentencebeconsonant should definite superarbiter’s pointthat disputants out the understanding nature of of obligatory the judgmentthe of superarbiter.the In statementthis expressesasimilar registerDecember19,1510, into on court the which they put 765 iudicatumoptabant atquevolebantesse diffinitivam Ibid., p. 659-660. Ibid., p. 659. Ibid., p. 658:“quod predictus superarbiter arbitros adse appositos etpartes utrasque per ut prefertur locatos in Ibid., p. 658-659. AGZ , vol., 19,3110, no.p. 657: “in quantum partes ipse a nobis exigebant etoptabant atquevolebantesse According to the record, Peter Odnowski and Nicolas Bal alsomade other 768 In addition, one more body of sureties took up a 260 . . 766 765 At the same time, this record makes record this time, same the At The joint statement of the parties, 767 Only if the mediation 769 CEU eTD Collection to the division of the property, that area together with the said estate passed to the family line family the passedto estate thesaid with area together that property, of the division to the According divided. whenwas patrimony villageZahoczew hadtheir tothe ascribed ancestors way measuringof three quarters of one mile. It was in the area, which, as Nicolas Bal said, his markers betweenpile up trying to had while problem there relates metrical aserious company thatthe account the estates of rivers. andZernica Hoczew between called Zahoczew heldontheestate theactions disputing parties. The gist until followingthe day.of the conflict bailiff,concerned who the was hadno timepresent to start the arbitration that day. Therefore, onthe superabriter that ordered the court company Because the perambulation, of his version borders. this the presented preliminary of occasion, to announce the postponement of the arbitration Hoczew River. Hoczew the participantsled and further east lie should border the that Odnowski claimed Peter line.Instead, border’s in the arbitration to a place where the spring called Maxin flowed into the 772 et pervenimus usque ad torrentem dictum Maxin …” granicies intermeam et tuam hereditates sed ulterius se granicies protendunt et ulterius versus orientem duxit nos Odnowski et inter villam meam Sthesnycza. Ex adverso Petrus Odnowski dixit: non hic est verus limes et loco dixit Nicolaus Bal, quod hic veri et iusti sunt limites et granicies inter hereditatem Mchwa domini Petri villam Mchwa Petri Odnowski inquo loco paludinoso erat aliquod arborum cortices alias olschey rubus,quo in principalemet causam omniumtanquam discordiam etvenerunt adlocumprefatarum quendam paludinosum versus orientem parcium retro hereditates inter granicierum discordias complanandas ad et differenciarum 771 770 ( tree barka redalder tothe of pointed St and Mchwa disputants, the of estates the between border andjust true the that argued Bal Nicolas Odnowski. Peter of Mchwa, avillage behind totheeastsituated asmarshland, where arrived andtheircompanions the disputants videnda loca starting from May 13, 1511. actively participating in dispute settlementas sureties.in actively participating dispute had been by Odnowski Bal and Nicolas arbitersalready Some appointed reconciliations. Peter in of other case which observed already pattern the confirm of arbiters group the arbiters.Four arbiters were chosen representto each side. Thenomination and composition of their tonominate Hoczew companylocal nobles,by Bal, came to a numerous of surrounded Ibid., no. 3111, p.662-665. Ibid., p.661: “Tandem hiis peractis exivit superarbiterprefatis cum arbitris predictis ad videnda loca Ibid., p. 661-662. A new document that opened a new session of A new anew opened that describes document of session arbitration May 14,1511, on The next document depicts events and actions which occurred in the various places, various in the occurred which actions and events depicts document next The On the same day the parties and elected arbiters departed to inspect the locality inspect( locality the to departed arbiters elected and parties the sameday On the ) where the disputed border had to be marked. The document describes the place 771 The rest of the day passed in visiting other places, where each party 770 The text starts The by text Odnowski how Peter recording and Nicolas arborum cortices alias olscheyrubus ĊQĪ 261 yca, ran exactly in this place. In stating this he this stating In place. this in exactly ran yca, ) as a mark of the ) asamarkof 772 The ad CEU eTD Collection they would draw lots. that length decided superarbiter mile, the a the constituted of reach a compromiseonwhat to able not hadbeen mile. instead namedhis theparties Since own refused and proposition this possible versions two length Odnowski proposed versions amile. Peter of nominate theirown standard the of to be Odnowski measured Peter Balto and Nicolas superarbiter requested the part of kingdom. Therefore, the and however, was impededthen by the fact that no uniform length was known to exist for amileasked in that Nocolas of three-quarters a mile should bemeasured inlength and width. Themeasurement, process of Bal to distance further the of that enacted the By more. mile andno his sentencethesuperarbiter accept one passed whichsaid hissentence, village should the boundariesof have ofthe three-quarters of the them. Bal superarbiter upthemarkers.The piling of of a mile and three-quarters the measurement giveverdict concerning the his requestto the superarbiter with first time the addressed markers. However, all these attempts failed. parties toconcord about measuring of saidthe three-quarters mileof a andpiling upthe area of moremade noreference.which miles, privileges area of the to an in fact would covers hewentthe estate on, mile parts, of inall threequarters extending this portionresponse Odnowski’sto speech, Balsaid that the letters and privileges clearly showed that of land“in was,measurement in perhaps,the all principalparts” In parties’disagreement. the point had to contain no more than three quarters of a mile. In a case of Sed frustra laboratum est, nam non potuerunt partes induci neque flecti ad concordiam.” ad flecti neque induci partes potuerunt non nam est, laboratum frustra Sed hereditate invim trium quartalium Odnowski miliaris concordari Petri Zahoczewe uniriville et concorditer graniciebus pro sipandas concordiam granicies ad Odnowski graniciesPetrus et Bal reduci. Nicolaus partes 774 granicies a villa sed plurium miliarium et hoc littera non disponit neque canit limites et si adplures et partes deberet granicies habere habere tria quartalia debet miliaris, Zahoczevye villa tunc nonhaberet quartalium unius trium miliaris miliaris triaunius quartaliaquia ostendunt, clare divisionis miliaris, si actu et effectu mihi emensuraret ad omnes partes. EtBal e converso dixit: privilegium seu littere potest etcontinue. Econverso Petrus Odnowski dixit: longe ulterius extenderet se mensura trium quartalium suas multo longius et lacius quam trium quartalium unius miliaris bene proporcionata longitudo se in habere sibi et descripserunt ad hanc villam limites trium quartalium unius miliaris et videtur, quod ille ostendit limites Petri Odnowski antecessores mei, quando ex divisione patrimonii dederunt villam Zahoczewye, nominaverunt 773 if indeed extendmuchfurther, it “in measured allparts” ( were would a mile of quarters three that maintained Odnowski contrast, In initself. mile contained of piecea than broader three quarters ofland,showed amuchlonger well-measured and the Odnowski that Balinsisted Nicolas given size pointof area. onthe the the of varied opinions disputants’ onhow clear particularly isnot narrative The Odnowski. by Peter represented Ibid., p.662: “Fuerunt Ibid., tandem multi conatus et laboressuperarbitrum per arbitrosatque utpossent prefate Ibid., p.662: “Perlecta littera dixit Nicolaus Bal: domine Superarbiteret domini arbitri, antecessori domini The scribe noted that afterwards arbiters made many labors and efforts tobring the andmade labors efforts many arbiters afterwards that noted The scribe 774 262 At this stage of peacemaking the parties for the 773 … ” ad omnespartes ). This CEU eTD Collection nominacionem miliaris unius notorii…” continentur.Patrus autem Odnowski recepitglobulum in quoerat cum cedula scriptura etlucratus est unum globulum de viridi cera, quo disrupto et resoluto inventa est ineo cedula rasa nihil scripture inse notorietatus. Et tandem de consensus Petri Odnowski Nicolaus Bal primus et principaliter recepit invim sortis inquo inclusa est carta cum scriptura, ille lucrabitur nominacionem et probacionem miliaris unius et eiusdem incluse due cedule papiree, una inqua nihil est scriptum et alia cum scriptura; ideo qui receperit globulum sorte istaverba: in manibus meis suntsortes mee. Ettandem dixit partibus: in istis globulis cereis, quos hic videtisinquibus sunt inclusit duas cedulas papireas unam rasam, in qua nihil scriptum est et aliam in qua scipta erant 775 whether an oath designed to prove the accordance of the given distance to amile would not be exchange among of Odnowski’sinthoughts reaction the men proposal.to had People doubts an active noted explicitly account the compiling The scribe Sanok. and of Boiska towns distancethe between proposed the of on acceptability the opinion varied intheir peacemaking at present of observers audience The wider measurement. mile’s the for distances standard OdnowskiPeter succeed that fornot in necessary did one ofhisgaining the support proposed note to significant highly is It statement. person’s the endorse to ready were who community, rightness and, in in their convinced they were absolutely addition,that underwent understanding the oath-taking on if swearingavoid. Some to advised were usually people which enterprise arisky as considered generally an oath was consonant was as amortal oath-taking sin the sawperjury a kind SinceChristian doctrine ordeal. of with the opinionDivine Judgmentin a disputesettlementwas perceived andunderstood in medieval society as of the wider falsehood or In of this statement. byimplyingthe regard,swearinganoath of theinvolvement oath-takinginvoke wasmeantin God’s intervention to support toprove the veracity and order the assistance of seven oath-helpers of both noble and plebeians status. mile. the naming of aright obtained measuring disputantthe with who lotthe chose nominate wouldto begiven writing his forright standard mile. ( lots” my are hands my “in Peter phrase: the contained Odnowskiqualitatis etquantitatis de cera viridi came out two rolling balls of green wax, equalinsize and quality ( as a winner for Itrelateslots. drawing that superarbiter the two pieces took paper andof made of them from casting the lots, and he the standard should be supported by an oath standardthe by on besupported an should sworn sacraments( the oath veracity of the sentence, superarbiter’s to the According his will. own dependexclusively on Ibid., p. 663: “Tandem Ibid., p. superarbiterfecit duos globulos equales uniuset et qualitatis quantitatis de viridi,cera The immediate physical contact with the sacraments which occurred at the moment of moment the at occurred which sacraments with the contact physical immediate The isThe account admirably in its of revealing description detailsthe preparation of the 775 ). One of the pieces of paper was empty. The other His choice was not arbitrary, however, and did not did and however, arbitrary, not was choice His 263 in manibusmeissuntsortesmee fecit duosglobulos equales unius fecit et tacto sacramento ). The ). ) with CEU eTD Collection Lanckoronski inquiredLanckoronski again whether the disputantsindeed wanted to release himfrom the Then Nicolas parties’ hadbeen at request. own measurement done wayof the about contradiction in behavior.The their out pointed superarbiter partiesto the his that decision mile. measuringgivea parties’the of three-quarters informing him about up the said decision to Bal nominavit Nicolaum Lanczkorvnski et Ioannem Woyschyk Ioannem et Lanczkorvnski Nicolaum nominavit Bal fratres suos Andream Herborth et IOannem Herborth et eosdem in arbitros ex sua parte assignavit.uterque nostrum Nicolaus firmiterteneamus. vero Et consensit ad hec verba Nicolaus Bal et nominavit Petrus Odnowski duos hominess arbitros, tu duos ego duos, atquidquid illi arbitri fuerint de limitibus trium quartalium unius miliaris amicitiam et concordiam instancia dixit Petrus Odnowski Nicolao Bal: domine Bal, dmus quatuorbonos venerunt uterque Nicolaus Bal et Petrus Odnowski et post multas altercaciones et multa verba honoris ad 778 mensuravit duas cordas de suberibus alias lyczanv contortas.” 777 miliari esset.” disceptacio, quod nominacio miliaris de Boyska adcivitatem Sanocensem nimis oneross et inconveniens uno agreement: words mutual amicable endlesshonor, andpromisesof talk, of altercations, appeals to into plunging by as scribe the is portrayed new decision this elaborating of process The whole constanti etinfallibili promise, backed up,as Peter Odnowski it,put by his firm irrevocableand ( word relinquished of establishment the pledgesandsureties.the They asimple decided that worth service fourfor enough Itis ofthe superarbiter; settling arbiterstheirquite would dispute. notinghis rival. The text stresses that both noblemen agreed on the point that thatthey had no need of the superarbiter from his service.At that moment,upon it seems that Nicolas Bal agreed to this offer of is,its the renouncingthe sentenceandreleasing form, by peacemaking over that altering their Peterthat Odnowski changed hismind andaddressedNicolas Bal with a proposal to start the agreementin accountreports arbitration. occurred The the measuringsudden turn start – a was to about hands which, as tothe record specified, had the length of one Cracow elbow, initiatemade ameasure with superarbiter his the the parties hadtheirown selected, representatives, a new Boiska and Zarszyn. arbitrationresulted in Odnowski’s finalthe decision partiesto give preference to another also distance – that between mensuracionis trium quartalium miliaris et renuncio eidem mensuracioni Andree de Brzozow Petrus Odnowski dixit, domine superarbiteriam ego dimitto dominum Bal de istis 779 776 and uncertain. onerous too Ibid., p. 664: “Et iam superarbiter in presencia collegarum emensuraverat septuaginta quinque cordas, tunc cordas, quinque septuaginta emensuraverat collegarum presencia in superarbiter iam “Et 664: p. Ibid., Ibid., p.664: “Tandem superarbiter fecit mensuram unius ulne Cracouiensis manu propria et cum eadem ulna Ibid., p. 664: “Hiis peractis tandem in presencia plurium bonorum hominum et in presencia miisterialis Ibid., p. 663: “ 779 The record goes on saying that Peter Odnowski also turned to Nicolas Lanckoronski, When everything had been When had everything distance for starting –the been theprepared measurement was In his response, Lanckoronski first drew the disputants’ first evidentLanckoronski the Inhisresponse, tothe drew attention et postmultas altercations et multa verba honorum et concordiam ... et facta est aliquantulum inter homines communiter omnes astantes et presenstes quedam presenstes et astantes omnes communiter homines inter aliquantulum est facta et ), would for beenough keeping inviolable. the terms of arbitration the 776 It was most likely this lack of communal agreement which agreement communal of lack this likely most was It 264 . ” . ” 777 and all company . 778 verbo meo CEU eTD Collection further, if the parties did not show a willingness to accepthis show awillingness todemands. not if did theparties further, Hewould fromfurther court. Lanckoronski resign threatened office ofsuperarbiter, the official the of consideration the for back dispute their give would he or reconciliation the either partieshadtwo to options wenton, concur the superarbiter they would Therefore, voting of newin arbiters, who vain bring strove the partiesto toan agreement. and consultations, in debates, theday ceaseless ended record, According tothe peacemaking. among them is that theprocessof arbiters, negotiation. Itthe a new then narrative reported describes also Nicolas Lanckoronski, descended from their horses and started a new aut iure contra vos procedatis. Et ego paratus sum ad utramque partem officio meo satisfacere aut si non vultis in consumatum. Ulterius me in hoc officio oneroso istis cavillacionibus detineri paciar,non aut concordiam ineatis superarbitrali diversis iam modis tentata est intervos concordia et spe fiende concordie multum temporis officii quid denique pene et mulcte mihi indixistis. Si negligens et remissus fuero inexequendo officio meo temporis vanitate laboris et tergiversacionibus frustra contrivimus, scitis quid oneris mihi imposuistis et quid vos spe concordie, nec usque modo aliquasaltim principia concordie inter vosfundata sunt etsic multum 783 782 temporis brevitatem concordie, sed errant discrepantes in votis et distulerunt ad diem crastinum negocium eisdem comissum propter recedendo.” non facultate 781 superarbitralia ab concluserint nos inter et concorditer invenerint arbitri concorditerconcluserint et invenerint. Et e converse Petrus Bal dixit, ego eciam promitto tenere quidquid domini cauciones, sed verbo meo bono constanti et infallibili promitto tenere, quidquid isti quatuor arbitri inter nos a superarbitralia auctoritate recedere volo. petrusOdnowski Et dixit,egovadia nulla facere volo neque 780 Lanckoronski: havecould more not sufferedfulfilling while any this office, onerous allthis crafty talk, said feelings.me,laidresponsibility, youdisputants,burden He and what a on a what whatapain knewa greatdeal waste of You well,Lanckoronsky time cost efforts. of and the rebuked befutile only out to a turned of arbitration outcome the successful facilitate the which could had vainly sought toreconcile the parties. All attempts to work out some rules and procedures speech with a bitter complaint. He said that two days had already passed as he and the arbiters new byNicolas Lanckoronski.15, 1511),opens oration with a day. next the until arbitration the presence of the bailiff, the disputants, and arbiters, Nicolas Lanckoronski postponed arbiters. of the mediation inefficacyin the in of case the especially superarbiter, the from the arbitration, Nicolas superarbiter the resignation of acomplete insisting on kept Odnowski,Peter who to contrast Bal did not exclude the possibility In Bal. Nicolas of inthe position someabout changes brought superarbiter speech the of of calling for the This help start anewpeacemaking. over renounce his andto sentence, to service of superarbiter, of the Ibid., p. 665: “ita incipit dicere et est concionatus: duos dies domini mei iam consumsimus laborantes inter Ibid., no. 3112, p.665-667. Ibid., p. 665: “Herborth nec superarbitraria et potestate exonero te nec dimitto non ego dixit, ceperunt Bal Nicolaus “Et respondens 664: p. Ibid., diversas inter se volvere opinions et per sua vota invenire modos The document that illuminates the course of the arbitration during the next day day next (May the of during arbitration thecourse illuminates that The document Ulterius me in hoc officio oneroso istis cavillacionisdetineri nonpaciar me inhocofficio Ulterius . ” 265 782 began his The superabiter 783 In the end, the end, the In 781 Finally, in Finally, 780 The . CEU eTD Collection future process of of process perambulation. future on others. Peter Odnowski insisted future.the that Nicolas in any superarbiter Odnowski accept the sentence of –Peter renewed would to the concord Bal must take wasadded stipulation important one mile. Moreover, of a the three-quarters the of measurement role of a plaintiff the his concerning and renewed decision of superarbiter the They confirmedcompetence the in the superarbiter. the of sentence the of a renewal demand to right the therefore, had, and agreement adherekeep feel not did tothe to to obliged term of Odnowski said, this agreement, Balfailed Nicolas since But of arbiters. in mediation the recourse take would parties the that condition onthe only sentence superarbiter’s the renounce to hehad agreed that reiterating by attorney the opposed Odnowski turn his In either. sentence this of execution the allowing himself hadpreviously reclaimed.The attorney also added Bal that had nointention of he which sentence, the to return not could Odnowski that arguing by Odnowski to objected The Bal’s attorney of superarbiter. decision the mileof tothe according a three-quarters renewfrom would wantedto themeasurement of agreementand feelfreed aforesaid the the ifinsist that responded he to then superabiter, the the further on Bal wanted of participation Odnowski reconciliation. for obtaining indispensable as superarbiter presence of the saw the He proposition. this to objection an raised Bal Nicolas However, elected arbiters. intofour newly hands the of thearbitration dismiss give and to day, superarbiter the wanted between them. Peter Odnowski, referring tohis agreement with Nicolas Bal from the previous neitherchange disputantwasinclineditled to raising hispositions, tothe of arguments qualitervoluerit.” Nicolao Bal facto iuramento iuxta consuetudinem iuris granicialis, equitet ubi voluerit et faciat sipare granicies 786 785 mihi satis onerosum imposuistis sine vadio per vos in me imposito ammisione promtitudine adexequendum iudicium mea etoffiumde meum superarbitraleet recedamexoneratus ab hoc officio, negligencia quod vestra de competendi protestacione facta ego feceritis si enim secus vestris, negociis efluxo, siconcordiam inibitisnon et nonconcordemini extunc procedatis ad actos iudiciarios incausis et domini Petre Odnowski et Nicolae Bal, habetis tempus trium horarum ad tentandum concordiam, quo tempore 784 potestate.” superarbitralia hac me exonerate voto et sensu concordibus extunc procedere, vel iure concordia vestris causis which they option would prefer. decide to hours three and gave them andBal Odnowski before clock set awater superarbiter Ibid., p. 666: “Tandem post sentenciam dixit Petrus Odnowski sine omni longo iuris strepitu: ego do Ibid.,actoriam p. 665-666. Ibid., p. 665: “Et tunc superarbiter recepto horologio fluxibili statuit illud in medio astancium et dixit, ecce But having the issues, closed controversy on one setof the parties continued debating The variedparties intheirresponse words tothe of Nicolas Lanckoronski. Since 785 At the end of the controversy the parties seemed to find a path to concord. 784 786 In terms of the contemporary Polish boundary law this law boundary Polish contemporary the of terms In 266 … ” CEU eTD Collection suscipere eam tenebitur iure de ille actoriam Superarbiter decreverit parcium cui sed actoriam, suscipere Bal Nicolaus 788 citato ademit et ab eo alienavit.” testibus sibigenere in similibus supervera et iusta limitatione, ita videlicet quod nihil terrae et haereditatibus evidentioribus, siquae protunc ostenderit. Quibus finitis circa finalem et acialem scopulum iurabit actorcumsigna sexmetalia faciendo, nonobstante quavis contradictione citati nec quibusvis documentis literatoris velactor signissed ducet officium amisit, iuxta terrestri suamiudicio in voluntatem iam quem et suamactoriatu, conscienciam, super facietque officio eius vel granicies,succamerario scopulos coram facere sipando et alia controversias Oswald Balzer, Formula processus iudiciarii terris in PoloniaeMinoris observanda. 787 first insignificantat very glance,Though details are understanding these for abetter revealing of actors. anddetailsinsignificantfirst actions, gestures of topography, glance, some, at focuses on He participants. behavior of the and the place action the of way portrays distinct settlement. of arbitrationthe (May 16,1511)can be asa regarded turningin point disputethe counsel, pondering and words the upon of superarbiter.the the disputants men. good and friends adviceof their the more to once to resort arescrupulosum et inconscienciavalde depicted for theconscienceburdening in overborders: disputes as spending demanding and oath-takingwasespecially the that emphasizing cautioned parties, further the timefrom of considered many beviewpoints to and an act.Thesuperarbiter dangerous onerous in the was in litigation swearingoath an to recourse parties, the warned Lanckoronski As Nicolas circlesundergo theoath-taking. to by wereprimarily unwillingness their markingdetermined borders of their friends, taking their completely true. objection as any judges without arbiters or party,court hadbe borders acceptedby other to the version of Bal meant undergo that had oath-taking to by andthenestablish borders the hiswill. own His 790 debeam.” vos longa faciam de hac materia verba, unum dictatis mihi die crastina concordie, ne aniudicio presidere nostris quoniam satis discreti vosbene hoc ex utraque scrupulosum; valde parte estisconsciencia etin bonorumet graniciebus virorumde consilioiuramnetum est grave fulciti, experiri; nec opus eisdem pro est, utego inter crastinum negocium differatur sed vellem avobis domini scire, si cras vultis concordari pro limitibus an iure 789 perambulation. role decide inthe whowouldwhat perform to superarbiter of competence the itOdnowskiongoing was up perambulation. The attorney to the also remindedthat to counterclaim, suggesting that it should be Odnowski who should act as the plaintiff in the This provisionis contained in“Processus iudiciarius observandus circa faciendos limites” published in Ibid., no. 3113, p.667-668. “iam Ibid., p.667: advesperascitet deest tempusadprocedendum ulteriusin hacmateriaoportet ut in AGZ , vol. 19, no. 3112. p. 666:, vol. 3112.p. “Exadverso19, no. Grzegorzowski Iohannes ad votatenetur tua nondnus. …dixit: A new speech of the superarbiter the scribe commenced a new document and newday anewdocument commenced scribe the superarbiter of A newthe speech … ” 790 Describing momentthe of the delivery of the speech, the scribe in a particularly (Cracow,1910), no. 59,p. 57: “Inquo quidem termino campestri nonlicebit citato aliquas 788 The disputants’ attempts to avoid the role of the rolein of process toavoid The of plaintiff attempts the disputants’ 787 Replying Odnowski, to attorney a Bal’s advanced . Because of begged Lanckoronski . Becauseof danger, the parties this 267 grave est iuramentumdegraniciebus See Corpus Iuris Polonici 789 During the rest of the day , vol.ed. 4.1, CEU eTD Collection Deum quia res est mihi nimis onerosa talia decernere iuramenta, et si importune instabitis officium nulli vestrum hec terra cessitdominii in proprietatem et supertali re dubia periculosum est iuramentum, testor antecessores et vos post vestri ipsos quod pro eadem apparet, terraquidem inter cum se semper possessa, aliquidpacifice habuistis questionis antecessoribus eius et ipso etab pacifica possessione possessoria hereditarie est ipsius actor iurabit qua pro terra hec quod certa, presenti de verba per enim iurare onerantia, consciencie 793 libet.” commonere vos paucum adhuc paratus sum adoptata vestra media iuris pro eisdem graniciebus hereditatum vestrarum intervos diffinire, sed laboratum et tot temporis contritum est, flectere enim animos vestros ad honesta media concordie non potui, iam postergatis iuramentis et iuris rigore honesties mediis pro graniciebus componere potuissem, sed frustra et 792 superarbiter.” Lanczkorunski Nicolaus verba oblonge interra iacentis ad utramque latus ipsis partibus cum suis amicis consedentibus hec inmedium protulit 791 eternal condemned and to not betorments would rescued onthe Dayof Lastthe Judgment. were who perjurers, against vengeance Divine terrible about the theprophets through hisstrengthened had warnings by thatGod theconstantly parties reminding warned mankind have be judgeson them fear guardians and He of to to their conscience, a good of God. appeal,invigorated infused moral meanings. with and religious Lanckoronski Nicolas called consider such valid. parties the superarbiter an with the oath-taking Therefore, to turned an dubious case.Itwouldbe averyhard him, businessfor and to unpleasant said, Lanckoronski lawsuitslasting the land about given ithighly then be precarious swearin would such a to long- and numerous in involved been had oath-taker the of family the in reality that cautioned, possessio ( possession land in disputed unchallenged the certainty peaceful, that was the firm swear with the to superarbiter emphasized, the affliction consciousness, for the great would befor disputethe tobe resolved bymeans of lawthe and by Itwouldoath-taking. bea and it how dangerous undesirable problemof along tothe discourse superarbiter devoted peacemaking. by controversy settle their try to to chance a last them sides seatson both of superarbiter. took the andarbiters friends their disputants, the laying trunk, on seat ground( a longthe tree campestri ( inafield a stop to came company whole the narrative: the whilereading videotape of impression a stopped escape an canhardly One of of episode peacemaking. whole the deemed it is his duty the( restrain parties his duty to itisdeemed law means of ( by the the perambulation the andconduct case judge the well as the waste of timebring to the parties to the agreement. He said he was almost ready to and as efforts labors hisnumerous again deplored beginning superarbiter futility the the of the At present. men the to speech a addressed Lanckoronski Nicolas account in the point Ibid., p. 667-668: “Legavi vobis formam iuramenti actoris et formam iuramenti testium, quam quamvis est et Ibid., p. 667: arboris intrunco “Satissedens Superior, Zernycza et Inferior Zernycza villas inter campestri loco “in 667: p. Ibid., me arbitror fecisse laboris et conatus cum coarbitris per vos ad me locatis, ut vos ) of the ancestors of opponents. If it came to light, Nicolas Lanckoronski further Lanckoronski Nicolas light, to came it If opponents. of ancestors the of ) ), situated between the villages Upper and Lower Zernica, the superarbiter took a took superarbiter Zernica, the UpperandLower thevillages between ), situated sed adhuc paucum vos commonere libet paucumvoscommonere sed adhuc 268 in truncoarboris iacentis oblongeinterra in media iuris 792 Afterwards the ) and give 791 ), but still pacifica At this At locus 793 ); CEU eTD Collection and Seventeenth Century France,” 109. France,” Century Seventeenth and Sixteenth in Feud the in Peace “The Carroll, Stuart see atmosphere, ugly similar a with cases identifies which 795 flectatur et ad amicabilem compositionem emolliatur.” conatibus vestris, ut si quid est rigidum incordibus amicorum vestrorum vestris suasionibus et verborum solerciaad tam rigida iuramenta oculis iudiceslacrimosis digitos dicam aptare ne corde genua flecteredolente vel manus cruci apponere.vel rancorso Agitevestros igitursummis amicos inspicere placeat vobis nec provincia, viri amici vestry ad tam rigida puncta iuris ad tam gravia iuramenta deveniant. Vos enim hic labor hec spectat 794 novamgeneracionem de domo periurantis non exire.” boni iudices conscienciarum vestrarum, timeatis Deum perprophetam comminantem ulcionem periurii usque ad superarbitrarium per vos mihi impositum coget me ea decernere que iuris sunt. Rogo tamen sitis vos custodes et andchangedmany in of course arbitration. times the werecreated in itsrules game; this predicted be or certain could of gamein enmity. of Nothing of context politics the power the for pursuing their own interests and goals. Peacemaking stood out, therefore, as another sort chances andfriendsexploited actively arbiters, their disputants, peacemaking, asuperarbiter, of context Inthe participants. all from and position status their of reaffirmation a permanent positions of the opponents. participants feltdeep frustration because of endlessthe andquarrels sudden in changes the arbitration,the all of procedural the the final agreementabout rules concluding the suspicion mutual distrust, of atmosphere the into sunk havebeen really to seems process whole and of dominate the course The more arbitration. influentialthe of purpose voice to obtaining a embarassment. the with by asuperarbiter employed strategies empowering rhetorical forand the exclusively account not this of could inparticipation believe sort evidence arbitration. that the I The disputants the as manyungrateful, pointing outhis accounttimes his personal annoyance arising from and whorepeatedly hismention lamented words of again the serviceasonerous superarbiter, permits in darkcolors. rather arbitration surrounding the climate psychological one to infer make and use officialthe law.of courts that casethe final for into thesettlement hands of superarbiterthe andabandoned to at attempts the moment friends, have the parties surrendered with their the counsel seem time. succeededthis Upon to existing and advanced The norms. according by arguments glegal to threats, superarbiter the of dispute and the settle court official the before lawsuit the start to weregoing parties the that oath. the law and the to recourse disputants,At endthe of superarbiter speech,the the addressed his wordsspecifically thefriends of to the soliciting them not to spare their efforts to dissuade the parties from taking For comparision one can consult the research on peacemaking in sixthteenth and seventeenth-century France, seventeenth-century and sixthteenth in peacemaking on research the consult can one comparision For Ibid., p. 668: “Vos vero domini mei seniores amici utriusque partis consultores, agite opera vestra, ne isti boni The process of arbitration appears thus as a field of permanent conflict, which field required asa of The process appearsthus of arbitration permanent What is especially striking in this case is that the account explicitly renders the 794 Afterwards Lanckoronski ordered the bailiff to proclaim 269 795 It is enough to CEU eTD Collection in hanc amentiam et mentis caecitatem, quae nisi depellantur, grandiora secum scelera pertrahant necesse est.” necesse pertrahant scelera secum grandiora depellantur, nisi quae caecitatem, et mentis amentiam hanc in Iacobinaet Christiana praeceptain medium afferuntur.Ira, odiumet cupiditas nocendi praecipites uos dederunt 797 conantur.” peragere reum acceptae omnem, uterque sua inesse alterum eo ait in peccata culpam dissimulant ac affectum aut certe iniuriis Petro extenuant,se a uterqueminoribus non alterum Paulus sontem contra et iniuriae transfert, eum in culpam praestantium uirorum opera uti nondubitabant, Narrat prior Petrus, quam atrocem acceperit iniuriam aPaulo ac Petrus cum Paulo ex iniuriis, quas mutuo sibi fecerant, ingratiam redire atque ad hanc rem multorum exclaimed: Modrzewski Frycz renewal enmity.the the of in end at the of in result peacemaking would course out spelled the accusations, tensions and institution of in peacemaking sixteenth-century Polishthe unjust society. Mutual distrust, during reconciliation viewed was as a majorof fragility source and inefficiency in the precepts basic Chrsitian these in with accordance act to unwillingness parties’ The others. peacemakinglies in ability the of toacknowledge disputants the their andforgive own wrongs his success the words, In of andforgivness. teachingsin, of and doctrine penance of withinframework hisarguments Christian the during peacemaking.Modrzewski presents 796 misbehavior. theirof andunderestimate each other own exaggerate wrongdoings they the doing, tried to men started to charge each other with the principal guiltfor the beginning of the enmity. In so both however, atpeacemaking, men.their efforts During great of many assistance forcall the to hesitate not did they reconciliation way to On their earlier. other each on hadthey wreaked andinjuriesmutual tosettle Paul text, Peter andwrongs the sought andAccording to Paul. imagined men between two – Peter afictitious caseof peacemaking introduced Modrzewski making Frycz way and wrong between peace, of a right Construing opposition the Modrzewski points to the opposite set of emotional habits often entailedin peacemaking. amicablelove,forgiveness, mutual and in penance Frycz obtaining reconciliation, emendanda Republica on byAndrzej process observations of made the in peacemaking his Frycz Modrzewski some rivalry. anda conforms infused hiddendistrust of penetrating spirit well to with It Ibid., 153: “Frustra nobis boni mores ob oculos ponuntur, frustra bonorum uirorum iudicia recitatntur, frustra recitatntur, iudicia uirorum bonorum frustra ponuntur, oculos ob mores boni nobis “Frustra 153: Ibid., Andrzej Frycz Modrzewski The case of Peter Odnowski and Nicolas Bal conveys the image of arbitration as arbitration image of the Balconveys and Odnowski Nicolas Peter The caseof . much crimes – greater about willbringin time, they driven the proper out and forlust killing will emerge from hatred insanitythis and mental blindness. Unless Anger, precepts. Christian the settlement the of centre the into bring will one in vain men, good of judgment the recall will one vain in customsbefore eyesof disputants, the the thegood In vain willdraw one 797 796 Fryczmost Modrzewski ofhis directed mode criticism this against of conduct . In order to strengthen the importance of Christian values such as an as such values Christian of importance the strengthen to order In . , Commentariorum De Republica emendanda 270 Libri quinque, 152: “Studebant De CEU eTD Collection 799 palam factis nonsolent esseoffensionibus diuturnae, ex plerunque reconciliationes etiam occultae in turbas tales Itaque et tumultus igredi… erumpunt.” palam quam concordiam ad malunt Irrepere negligentes. Siqua necessitas cogat eos adreconciliationem, tamenturpe sibi existimant, si id prae se ferant. 798 this ofhairs. Twoarbitrationsgroup between Bybelskisthe and from Barzys 1441 and 1461 became individual between members agreements forproperty asource aseries of of private concerned over issues property disputed remained rights contested the that These unsolved. onJanuary register whichcourt land in is2, 1441, recorded estates, Przemysl the land, that of the boyar family of the Bybelskis. In the course of the divisionfamilies of the Bybelski’s Prochnicki and Fredro they Peredilnycki, the of comprised members with Together brothers. Bybelski the a group of numerous hairsperhaps first cousin of since Ann-Dukhna wasasisteror, families werevery cognates, close to one other. of the on theAnn-Dukhna wife his largest and Barzy Jan and side, one the on estates in Przemysl Bybloand of in of amicable 1461byJacko texts Senko 1441and concluded agreements, two previously broken by reachedand compare In instructiveit isthis then parties. the regard to hadbeen that arbitration terms of noreference to contain usually of arbitrations texts the that from fact the be inferred can arbitrations of private nature unstable and temporary The betweenparties. relationships the long-standing regulate could single arbitration a unlikely that highly itwas samereason For the arbitration. of a single bytheterms settled disputants. Itseems that hostile relations between parties were too dynamic and unstablebe to andhad settlementcould often be dispute by a provisional easily disclaimed character the other,on aChristian peace.But promote to designed it primarily hand,was one resolution.the On it could of conflict instrument an ambivalent havebeen quite to thus, appears, Peacemaking easily evolve9.5 Peacemaking and the dynamics of enmity into another andenmity.disorder cycle ofreconciliations hostilesuch occult it join Therefore, then publicly. rather peacemaking, into worm they seek to relations. theythat will assess their participation in peacemaking Private asoriginate an insult to their honor. For this then reasonreconciliation, forced to are need by they urgent some If their adversaries.” peace with forms in he said,public “tooof prompt to offend others, however, too lazy or completely negligent to make offencesare people,” “There aspect. tellinganother quite out singled Modrzewski Frycz peacemaking, areIn his of disapproval ungly the emotions andambitions thatdominated of process the not lasting, but often erupt into new 800 Ibid., 154-55: “Sunt enimad quidam offendendum alios ualdeprompti, placandum ad ueltardi prosus Ibid., no. 1489. AGZ , vol.13, no. 1779 (October29,1442); no. 4682 (January 1461).27, 798 271 799 Both Kor Both 800 some þ aks CEU eTD Collection during during their dispute overSolomonychi with a text of the later reconciliation, in Ibid., vol.18, no. 566-570, 833. 801 litigation. of technique legitimate a legally and intoof violence permissible brutal use the symbolically transformed of The actpeacemaking thedispute. outcomethe of concerning opinion a publiccommunal the and represent arbitration consensus the appears to exercise of violence regard, the stronger party was who winnerof the enmity andfrom gainedmore profitthe often benefited had violence use the stagesofhostilities. been duringgained the through early of In this from a dispute settlement that parties backindirectly upthe favorable conflicting of position one the of enmity,could by peacemaking.peacemaking alsoimportant hadanother dimension. Anended that amicable agreement an In this way enmity. of the episodes of texts the subsequentreconciliations,mostthe whichusuallykeptsilent brutal about material in physical damage,with detail by and whichdescribed the court one of parties, the suggestion can be found ina comparison of evidencethe of brought before theaccusations befervent to pacified bymeans of a single reconciliation. Additional for such support a stages of enmity numerous,be the scorescould too toohigh, and ofinjusticefeelings too terms of amicable Physical,agreement. material and moral injuries inflicted during previous issuesbe by out with incomparable scale ofregulated the to setof turned enmity the the often wouldin result an end to conflicts.the The experienceprevious inimical of andrelations the limited possibilities institutionthe of exertan to peacemaking of enduringinfluence which during hearings.arguments court usethem legal try anddidnot as to arbitrations these to madeanyreference adversaries use of violence, attacks on peasants, trespassing on property, and mutual lawsuits, none of the over forests the intoturned theopenenmity between Bybelskisthe including Barzys, and the discord when the decades, following in that mustthe noted be also families. It two between reconciliation apreviously concluded consideration into private of terms the take not and do makeonly documentof from hairs, tothe general the between reference division 1441 all the arbitration 1461 the of terms of mention the contains of 1441.Instead, noarbitration the of this ishighlyin important context of problem,this text the of arbitrationthe from 1461 and However, forests. of common use the over a conflict namely, from 1441, arbitration the of as those issues same from 1461deal the with arbitration of the hairs. Theterms between which followed thegeneral reflectof this stageinthe division estates the relationships Compare, forinstance, the description of the violent raid of Stanislas Czelatycki onThomas Lopatynski The interdependence between the use of violence and subsequent attempts at andsubsequentattempts between violence useof the The interdependence showsthe reconciliations obtained from withdrawalsearlier The evidenceabout 801 272 CEU eTD Collection the yearsthe 1437,1444-1445, 1446-1447, 1448. start peacemaking under register between in appearregularly efforts to court parties the the two families of land–the ProchnickisPrzemysl andTheMzurowskis. references displaying between explicitly dispute of ina long-standing thecase standsout enmities noble of pattern This of peace. pledges of impositions and reconciliation, atprivate attempts unsuccessful lawsuits, property, of raids,violent seizures of asendlesscircles noble image enmities of restore the estate. to accusing himof unwillingness canfind1466, one new in complaints Karas, byBudziwoy broughtagain register, the against year, next the In renewed. was enmity the and ineffective been have to appears reconciliation fact, the Budzywoj. In give to hasten over to Dunkowice not Karas did obtained, been had reconciliation the as soon As violence. of use the through advanced initially been legalfor instrument confirming and justifying had to be returned village the After that time. of adefinite period for estate stay disputed into the right hadthe to Budzywoj. The1465. conjecture is Octoberland 31, anddated intoregister Przemysl ininserted court the reflected record the that arbitration is enmity of the peacemaking.This stage to resorted parties the and phase apeaceful entered was used by Karas after conflict thisthe aggression that violent actof evidencerelates Further connotations. as a insulting had apparently sometimes Poland of Kingdom modern early and medieval 806 805 804 803 802 outbreak violenceof (1443,1446,1447, 1448, 1449, 1451). the atpreventing of pledges peace aimed androyal newevidence ofmutual accusations by followedagain. atpeacemaking out of areregularly broke enmity the attempts Records ( dispossessed him called the and estate, said the to right no had Karas that emphasized Budzywoj complaint, his In him. dishonored woundedand Janseizedhishouse and an Karas’ estate, Budzywoj, unjustly attack expelled Dunkowice of a village saidBudzywoj. on the called April date the canfind of traspass madeby one violent1, 1465, Jan Karas account adetailed and of Budzywoj Volchyshchovychi, this exemplifies meaning arbitration.private of Under Ibid., no. 3027, 3254, 3805,4083, 4214, 7255. Ibid., vol.13, 2389-90,no. 2565, 3468,7215, 7316, 7360. Ibid., no. 6342, 6425. Ibid., no. 5969. Ibid., vol. 13, no. 5803. 803 Fifteenth-century legal records from the Rus’ palatinate are consistent in the rendering areconsistent Rus’palatinate from the legal records Fifteenth-century The between dispute noblemen from two land,JanPrzemysl Karas of Hrushevychi It says that according to the terms of arbitration, Budziwoj acknowledged that Karas that acknowledged Budziwoj of arbitration, the terms to according says that It impossesionatus 273 805 post factum Butall failed apparently attempts andthese 804 802 The record has it that in the course of ), which in the noble culture of the of culture noble the in which ), his claims to Dunkowice that had 806 CEU eTD Collection arbitrations were broken on the first possible occasion. From peacemaking perspective, From this possible occasion. first on the werebroken arbitrations was not such random pressureof andthe widerthe circumstances It that community. losing form.honorable The forcedwas often party toacceptterms of such anarbitration under mentioned, been has already As compromise. asa temporary consider reconciliation to inclined a settlementfavorable aim outcomeof changing theformat existing of relationships between disputants and securing amore by arbitration for disputes. The bymeans renewal of enmity by toviolence law the of or recourse pursued the one of the opponents.renewal often of enmity, illustratesThecloaked party one fundamentalwho growing rivals. the the to preventorder between tension thelost structuralrealthein highpeace of tothe pledge recourse again took landcourt Przemysl the later few years case patterndefeat was of especiallythe settlements of one of noble of rivals in marcas causa pertinencie seu rebellionis pertinencie marcas causa ideolueruntpenamiudicioXIIII memorialeab inscriptione, a iurerecesseruntnondantes saying that by a scribe inserted by of Prochnicki.andnote Nicolas ends Olekhno verytelling record arbitration The with the was immediately challenged judgment However,this each other. court against to had brought parties both that suits all cancelled also arbiters the sentence their By peasants. Prochnickis’ by felled been had that of wood some carts restore and Vankovice and Bystrowice Peter topay of Prochnik wereobliged to Jan six marks from hisMzurowski and peasants of sons terms the arbitration, of the According to in in 1446. failed peacemaking conflict the figurednoblemenfind ofthe documentfrom the also one can asparticipants who 1463 808 807 among note the that to is interesting It Prochnik. of Peter castellan Przemysl late the of sons Olekhno, and Nicolas and Mzurowski Jan reconcile to tried Lysakowski, Jan of Koniecpole, Nicolas captain, Przemysl of the composed of arbiters, how group the relates Alexander arbitration of the of Prochnik, of families bya representativesin men of wasinitiated powerful 1463. group two the Jan-Jackobetween peacemaking at failed attempt Another andProchnickis. of Mzurowskis the of Rozborz, Jan inSiennow appears not tohave 1446, been particularly helpful in relationships the pacifying Czurylo of Stojanci, and Ibid., vol.13, 6428no. (August 5,1466). Ibid., no. 5158. The frequent challenge of terms of arbitration accepted earlier which led to the led to which acceptedearlier arbitration of terms challenge of The frequent The intervention of men of the highest status, like the L’viv castellan Senko of Senko castellan L’viv the like status, highest the of men of intervention The Olechno cum Nicolao canonicogermanideProchnikrebelles Olechno cumNicolao . 807 Both families Both in endured further theirenmity.A 274 808 compositores The text The of CEU eTD Collection Century France,” 109. France,” Century Bloodtaking and Peacemaking 809 inimical a relations. moment of at theircertain existed parties betweenthe force that Thus arbitration could endupasonly cycleone particular of enmity, reflecting thebalanceof lastingenmity. ina stages of and techniques ofthe one as just by disputants was perceived This view of peacemaking as a phase of enmity in medieval society is emphasized by William I.Miller, , 259,264;Stuart Carroll, “The Peace the Feud Sixteenthin inand Seventeenth 275 809 CEU eTD Collection Conflicts violence strategically, and opposing it normatively at the same moment,” see Ch. Wickham, Tuscany to the modes of dispute settlement in the fifteenth-century Galicia: “Litigants were capable of using 810 professional traditions of law. The principles of collective judgment and communal consent communal and judgment collective of principles The law. of traditions professional non- in customary and rooted cultures, legal bylocal thwarted justice wereusually of administration better at aimed initiatives Legislative respects. many in ineffective and experienced and shrewd litigants. fifteeth-century instruments oroath-taking, Galiciannoblemen as evidence presents legal written about itgoes whether law, of resources the the manipulate and exploit turned lawthe into the majorinstrument of waging With enmity. abilityregard tothe to for conducting toviolence alternatives an enmity.practice This offeredprocess disputants customary and legislation of statutory as aresult established of courts network and a actions An legalappeal officialasforums anddetailed courts settlingto for elaborate disputes. setof a created demandandand legalresources the century for enmity during for thefifteenth rules the of andviolated disturbed peaceful,coexistence. communal that asactions norms andwerecriminalized breaking of asillegal courts before denounced violent and treatment manifestationsof enmity were usually servants –all peasants these official law. Violent trespass on property, assaults on houses and persons, bloody brawls, enmity, noblesandhow it was subsequently inpresented and debated courtroom.the had alwaysinfluenced the ofnobleenmity,how the noble practice out, enmity determining was carried to keep words,the law considerably other enmity. for pursuing In an as actions channels alternative an eye by violencemost criminalizing notorious kinds the of and and byofferingwrongs courts legal on the compatibilityor feud, legal process and statutory norms put considerable constraint on the exercise of noble of their offenses. criminal all major for punishment as penalties actions with for it and fines necessary a actions conducting system litigation, conceived of detailed and the a legalwideandoffered procedures of forframework dispute It range settlement. disputants law and legal litigants with providedan sophisticated Fifteenth-century statutory elaborate One can repeat after Chris Wickham, applying his observation about uses of violence in the twelfth-century the in violence of uses about observation his applying Wickham, Chris after repeat can One In practice, however, this institutional and legal framework appears to havebeen weak appears to andlegalframework institutional however,In this practice, of litigation The visible the conductof regulating a body growth legal of provisions enmity of concept legal the elaborate to failed legislation fifteenth-century the Though , 304-5. Conclusions 276 810 In their pursuitof Courts and CEU eTD Collection the Kor the on kin solidarities and patron-client relations in the adminitration of justice. As the analysis of settlement. The practice of arbitration reveals the crucial significance ofinformal ties based forprovide private with postponing toatime parties usedthepractice cases of disputants, or frequently arbitration proceedings. initiated between Judgesof court castle andlandcourts official to complementary rather but alternative, were not that resolution conflict of modes violentactionsdirect andself-help. peacemaking, in many thesituation settled by where were disputes means, including extra-legal shortcomings of the system of justice as well as some provisions of andmanythe sentences neverexecuted unpunished. were wrongdoings went In general, these statutory law resulted As aconsequence, execution its resisteffectively. men to convicted thatallowed mechanisms gradually of declinedin fifteenth the of courts, course century.the contemporary element the crucial forproceedings, and law judgment effective of enforcement in practice the records from the fifteenth-century Rus’ palatinate suggests that the captains’ presence at court legal of indeed. In evidence by addition, initiated wererare captains prosecution official the of aresult as imposed Penalties peace. of pledges and sureties as such means preventive and the maintenance of preferredorder torestrainnoble enmity compromisethrough and justice of administration the for responsible agents main the as captains Royal enforcement. and law visibleincrime prosecution best ofjustice areperhaps in the administration law. Shortcomings of statutory provisions and norms the over preference were clearly given reaching a final, lasting reconciliation reaching afinal,were small.lasting reconciliation of negotiations inwhich chances of as aprocess permanent appears thus settlement Dispute agreement. the of change terms the to wanted parties of the one time every renewed enmity circles hostile of andrenewal of relationships.peacemaking broken were Arbitrations and the processual nobleAsdimension enmity.of a nobleenmity process through changing went disputants. for nature This provisional of is highlightening peacemaking important the between regulate the long-lasting relationships were unable that temporary compromises to in were arbitrations predominanceas oflocalthe magnates arbiters Most peacemaking. local power-holders tostrengthen their within position the noblecommunity. This explains a large group of and bondsintra-kin noble reinforcepractice of beusedtore-configurate the could within arbitration families. It is also clear that the practice of arbitration was used by In the fifteenth-century Rus’ palatinate, peacemaking and arbitration represented and arbitration peacemaking palatinate, Rus’ fifteenth-century In the legal andcontradictory sentences complicated on wasgrounded of Enforcementcourt þ aks peacemakings from the 1460sclearly of aks peacemakingsfrom 1440stothe the period the demonstrates, 277 CEU eTD Collection concepts of noble identity exercise of ability violence. on the Furthermore, identity concepts noble were grounded to key –all honor these senseof lordship, andthe politics of the Noble reputation, ethos. violence in stemmed settlement, dispute from of a set values for crucial noble identity and to recourse frequent possible made a which conviction society.noble This contemporary through the relationships. Inthis sense enmity and violence can be considered synonymous. exerciseviolence, making it one of the most possible scenarios in the development of inimical of for theexercise of openedthedoor always its enmity techniques, formsregardless and directverdicts, violence, and favorable court, with if Legal penance. public actions, ritualsof ended especially they also implied slanderous formspotential,accusationsand evenimagined,violence like in of public threats, not and court and in places.public Violence loom could also behindforesaw inimical relatiohsips in its by means at enemies between affronts personal and peasants, subjects on attacks terrorizing house; the possibility of or an estate on accomplices with assaults and raids like organized violence direct exercise of the law, of through bethe most behind could techniques. manifested Inimical of relationships these the wasexercise a constituted kind “inventory of imagined,of enmity.” real Violence, or canbeindentified dominant of violence. on a more less fixedor Whites, following which,moves, andrecognizedsetof Stephen in Therefore, violence. exercise of of the based socialshared experience on groups inter-estate vertical of creation in the resulting andeven peasants, subjects their of level the on continued subordinated classes. On hand,inimical other the betweenrelationships nobles were often nobles the and between and distance social reproduce strengthen to it hand, one operated alliances. of webs changing constantly and dynamic as community principle ofsocial the within relationships noblecommunity thus imageoffers of an this veinenemies, andinfriends sameeasily asastructuring into the turned again.Enmity became easily friends that was inimical relationships feature of Another wide. particularly suggests, circlethe offoes with whom one was involved in lasting,life-long enmities was not Asahistory Strumilo’s of disputes of wereshort-lived. George enmity. enmities these Most majornoble families of in region the thefiftteenthcentury were involved in pursuitthe of inenmity late medieval judgeGalicia. To bytheevidence of of pledges all almost peace, main thriving the coexistanceprovides the evidence of guarantee their of culture peaceful A conviction that in some situations the redress of wrongs can be achieved only Though inimical variety couldrelationships takeaforms, opponents usually drew of Noble enmity also had serious implicationssocial inter-estate relationships. for On the nobles by imposed captainsThe to on of pledges peace of royal and kings wide spread 278 CEU eTD Collection and statutory law.and statutory justice normative principles order, of of impersonal against tested background the were that previous and disputes enmitieswith werethean most significantadversary of variablesthe obligations andexpectations from stemming status aslordtheir and patron, memory the of Disputants’ justissubjective of their perceptions ofhonor, andunjust, what senses violence. lawframework of on enacted the and normative the disputants of personal strategies the between interplay the of asacorollary thus appear categories These dispute. enmity or the negotiation, challenge, andadjustment byindividual and institutionsdisputants involved in have seem order to elusive been and Their unstable. meaningspermanent weresubject to social or justice norms, legal of categories the perspective this from Viewed fluidity. and inconsistency much with order social or justice norms, legal of categories same the informed which means, extra-judicial and judicial both on based as perceived evidently was justice and social order Theidea of thelitigants. of positions dependingon the of a dispute course as of weresimultaneously structures basic the in andundermined postulated order social the well enmity Thelegitimacynoble as of constructed. were andborders its techniques violence, variousThese legitimacy. and discourses tolerance social identifiable yet implicit more the to condemnation on violence harsh articulated from varied openly the that andperceptions competing representations generated a multiplicity of ways noblemen as by well as murders committed nobles during the fifteenth century. in which the legitimacywas limited. Thisis by clearly suggested comparatively the small number ofmurdered of justice lyingbehind the uses of violence can be explained. Though nobletolerated, violence and legitimacy to claims as well as violence of tolerance social the how is This members. demandedassert continual andreadiness to confirm fromtheir status position its and noble inas local and society sources a worldappears conflict rivalry, of which constant The practice of noble enmity and violence were thus situated at the crossroads of crossroads atthe situated thus were violence noble and enmity of The practice 279 CEU eTD Collection Papée, Fryderyk, ed. Fryderyk, Papée, Jan.jurisOstrorog, Clarissimi JoannisOstrorog, doctoris, Baronis Monumentum utrusque pro Antoni eds. andProchazka, Oktaw, Ksawery, Pietruski, Liske, Modrzewski, Andrzej F. Andrzej Modrzewski, Lewicki,Antoni, ed. Kura Kromer, Marcin, Hrushevs’kyj,Mykhajlo, ed. Górnicki, Lukasz. ed. Jan Vincenty, Bandtkie, ______Balzer, Oswald,Balzer, ed. 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Kancelaria róde 2 42,no.1-2(1990): 9-49. nd Cherty izistorii soslovij vJuho-Zapadnoj(Halickoj) RusiXIV -XV vv. as the source of the law of the land in old Poland). á . ed. Starostowie, ichpocz Starostowie, ne Violence and Social Order. East Anglia1422-1442. Violence andSocialOrder. á dawnego prawapolskiego dawnego Ĕ Ğ ski zr.1430inadanieprawa Rusi polskiego , mo Prawno-Historyczne Studia Historyczne with a new introduction by S. F. C. Milsom. Vol. 2. Cambridge: á ą ad Narodowy im. Ossoli dowe w dowe zarysie ą downictwie czerwonoruskim” (Remarks about the about czerwonoruskim” (Remarks downictwie á adu Narodowego im.adu Narodowego Ossoli ą Ī á mska od XIV do XVIII wieku doXVIII odXIV mska ród tek i rozwój do ko tek irozwój 19,no.1 (1976): 25-39. 286 Kwartalnik historyczny The History of English Law English Law theTimeof Historybefore of The á o prawa ziemskiego w dawnej w dawnej Polsce” prawa ziemskiego o Cracow, 1911. (The outline(The law). of Polishold court L’viv- 38, no. 38, 2(1986):139-152. (History of the sources of old Polish law). Polish old of sources the of (History á odowskiej, 2004. (Homicide in Polish law in the fourteenth in the law in Polish (Homicide Ĕ skich, 1921. á opolskiej s praktyce opolskiej Roczniki historyczne Ĕ ca XIV wieku ca XIV 2(1888):388-399. Ĕ (The privilege of Jedlno of privilege (The skich, 1925. Czasopi (The chancellary of Oxford: Clarendon ą (Captains, their (Captains, zku zrozpraw Ğ mo Prawno- mo ą 66(2000): dowej dowej XV ą CEU eTD Collection ______Rafacz, Józef. Rafacz, Procházka, Vladimir. “Przysi Antoni.“Konfederacja(L’viv Lwowska 1464 roku” Prochazka, 1464). of Confederation Poliš ______“Odpowied Pawi Pashin, Sergey. Muldrew, Craig. “The Culture of Reconciliation: Community and the Settlement of Economic Mrukówna,“O Julia. zmuszaniu wo Miller, William I. William Miller, Matuszewski, Jacek S. Matuszewski, Margasz, W Margasz, þ Ĕ uk, Volodymyr. “Oficiyniuk, Volodymyr. svidky – vyžiLuc’koho zamkovoho v uriadu 1566-1567 rr.” ski, Adolf. ski, Zranienie wprawie mazowieckim pó law during the late Middle Ages).Lwów: Nak Middle Ages).Warsaw, 1927. the of end the to Wislica of Statute the from Poland in Little law of enforcement pa of the fifteenth century). fifteenth of the ko Kwartalnik Historyczny (Official witnesses of Luck the castle office in 1566-1567). to the knightly custom in Polish law). inPolish custom knightly the to homicidearbitration of accordingold Warsaw, to Polish1884. law). sixteenth century). the of beginning the to fourteenth the of half seconf the from nobilyt Peremyshl’ Disputes in Early Modern England.” Historyczne theTowards history legal customsof of nobility).the Chicago: UniversityChicago: of Chicago Press, 1990. szlacheckiej obyczajowo szlacheckiej à stolecia administrationthe justice in of Red Rus’before 1435). yearbook 6,yearbook vol. 46-52. 21(1889): Ekzekucja w Ma odz: odz: Wydawnictwo Uniwersytetu Ĕ Ĕ stwowa w Lublinie,stwowa 1925. ca XV w.” (Oath-taking as a means of proof in laws of Slavic people until the end á adys Dawny proces polski Dawny (The pledges in the Polish land law until the end of the sixteenth century). 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Problematik Rösener, Rosaldo, Renato Rosaldo, ______“Zbada Reynolds, Susan. “Rationality and Collective Judgment in the Law of Western Europe before Europe Western of Law in the Judgment Collective and “Rationality Susan. Reynolds, Roman, Stanis Simon. Anthropological In Roberts, Dispute: Perspective.” Study “The of 1983. the Xithand CenturiesXIIth Mazovia in 1532-1540). applyingand in customs statutes for 1532-1540”(Legalgrounds Mazowszu wlatach Comparative Studies in SocietyandHistory Kopernika, 1989. (Genealogy comaprative perspective), 55-89. Toru 55-89. comaprative perspective), – kr family and court circles of Dymitr of Goraj, and his rolein Rus’ lands). In at the Close of the thirteenth Century.” Lodzienses Bardachdedicatae Iulio In summons). Polish medieval of problem the Hans Patze,469-88.Sigmarigen: JanThorbecke, 1982. für Berent Schwineköper zu seinemsiebzigstenGeburtstag UniversityStanford 1980. Press, century). fourteenth the of law Polish in antiquity 17, no.2 (1965): 71-92. century). fifteeht and fourteenth the of eve the on law Polish of unification the to efforts polskiego na prze polskiego the Twelfth Century.” Cambridge University 1983. Press, Settlement: Law and HumanrelationsintheWest Franciszek. “KrFranciszek. Ċ . The Implication of Literacy. Written Language and Models of InterpretationWritten in Language andModelsof Literacy. . TheImplicationof gi zawodowe i grupy interesu w gi zawodowe igrupyinteresu Polsce á aw. “Dygestamaaw. . Ilongot . 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Cambridge:Bossy, 1-24. 5(2000):3-18. Czasopi Symbolae historico-iuridicae Speculum 159 (1998): 3-42.159 (1998): ąĪ 9, no. 1 9,no. (1957): 45-74. enia do unifikacji prawa , eds. Helmut Maurer und, eds.Helmut Ğ mo Prawno-Historyczne mo 76 (2001):90-126. Dispute and ą dowych na dowych digesta Genealogia Festschrift . Stanford: and á aja CEU eTD Collection Wallace-Hadrill, John M.“The of Bloodfeud Franks,” the Waldo, Barbara. „Urz Barbara. Waldo, Wawrzyniuk, Piotr. In früheren Mittelalters.” des in Rechtskultur der oralen “Rechtstexte Hanna. Vollrath, Voisé, Waldemar. Voisé, Vetulani, Adam. ______Uruszczak, Wac ______Taubenschlag, Romuald. Su Sucheni-Grabowska, Anna Sucheni-Grabowska, á kowska -Kurasiowa, Irena. -Kurasiowa, kowska University Press,of 1982. Toronto Library Historyczne Ludwik to Response century. sixteenth and fifteenth krytycznymi Ludwikauwagami Dissertations, 3.Södertörn, 2005. Lviv, 1668-1708 of Reforms in theDiocese the Introductionof München: R.Oldenbourg, 1995. Wende 1989 nachder Mittelalterforschung science about the state and law). Warsaw: Ksi and law).Warsaw: thestate about science Polish legal Cracow:Naklademprocess). Polskiej Akademji Umiej 1979. century. 1532 r. Historyczne origin and date of the Cracow statute of Wladislas Jagie of statute Cracow of the anddate origin 2. Warsaw: PolskieNaukowe, Wydawnicto1966. Kazimierz. Tymieniecki, to prof. Vetulani). Vetulaniemu)”Again (Once origin the about of written summons.Polish TheAnswer Polskiej Akademii Umiej origin of the written summons in medieval Polish legal process). Cracow: Nak Jagiellons). Warsaw, 1977. i pierwszych Jagie Ossoli rebuilding of rebuilding of royalthe inindomain Poland Wroc 1504-48). Próba kodyfikacji prawa polskiego w prawaPróba kodyfikacji polskiego po pierwszej „Jeszcze o genezie polskiego pozwu pisemnego (Odpowied pisemnego pozwu genezie polskiego „Jeszcze o Ĕ 41 (1959); reprinted in 41 his(1959); reprinted skich, 1967. (The attempts at condificatio Polish law in the first half of the sixteenth the of half first in the law Polish condificatio at attempts (The á Korektura praw Korektura Pozew Pozew s aw. “O genezie i dacie statutu W krakowskiego aw. “Ogenezieidaciestatutu Frycza Modryewskiegoo pa nauka 40, no. 1 40, (1988): 139-152. 20, no. 2 20, (1968): 59-65. Confessional CivilisinginUkraine. IosyfShumlyanskyand TheBishop ą d starosty s d starosty Geneza pozwu pisemnego w Geneza pozwu pisemnego ą Pami dowy w áá Odbudowa domeny królewskiej w OdbudowaPolsce domenykrólewskiej 1504-1548 onów Dokumenty królewskie i ich funkcja w Dokumentykrólewskie iichfunkcja pa Ċ Historia ch tnik Historyczno-Prawny Ċ from Naukowe, Warszawa: from 1532). 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Zmora, Zaremska, Hanna.“Grzechi wyst Wyrostek, Ludwik. Wyrostek, Wünsch, Thomas. “Verschriftlichungiin und Politik Rotrußland Jh.): (14.-15. Zum ______“Nieznany ______“Nieznany Zbigniewa Ole document Wilamowski, Maciej. “Magnate Territories in Red Ruthenia in the Fourteenth and Fifteenth Wickham, Chris. Wickham, ______“‘Feudal A Revolution’: Debate.” ______“Proposing the Ordealand Avoiding Strategy inWestern It: and Power French White, Stephen “Clotild’sD. Revenge: Politics, Kinship, and Ideology in the Merovingian Geremek,Warsaw: 533-576. “Semper”, 1997. Ğ transgression: norms and practice of communal morality). In Franconia, 1440-1567 Heraldycznego, 1932. Heraldycznego, Hungary and Galician Rus’). Cracow: Nak Cracow: Rus’). Hungary and Galician and 93-105.Mostert, Brepols, Turnhout: Marco 2004. The DevelopmentLiterate ofMentalities in East Central Europe, Kulturgeschichtlichen Aussagewertmittelalterlicher Geschichtsaufzeichnungen.” In Cracow: Secesja, 2004. Cracow: Ole Dobieslas of Sienno). In Ole University Press, 2003. podzia Ethnology of the Polish Academy of Sciences, 2004. Warsaw:Archeology of Institute Janeczek.Thomas WünschandAndrzej and Lateinischen Europa.IntegrationundSegregation inRotreußland,1350-1600 Europe. IntegrationandSegregation inRedRuthenia, 1350-1600 / An der Grenze des Centuries. Origin, Development, and Social Impact.” In Pennsylvania Press,1995. Europe Twelfth-Century Litigation, In 1050-1110.” University of Michigan Press, 1996. David Herlihy Feud.”Blood In redniowiecznej, XIV-XVw. Ğ Ğ nicki. Stateman and the prince ofthe Church), eds. F.Kiryk and Z.Noga, 289-96. nicki from nicki among from February tothe division 3, 1451related estate the of sonsof á u dóbr synów Dobies StateandNobilityinEarlyModernGermany: TheKnightly Feudin Courts and Conflict inTwelfth-Century andConflict Courts Tuscany Rod Dragów- Sasów na W , eds.Samuel K. Cohn Steven A.Jr., Ann Epstein. 107-130. Arbor: Portraits of Medieval and Portraits ofRenaissance Living.Essays in Memoryof . Cambridge: Cambridge University 1994. Press, , ed. Thomas N. Bisson, 89-123. Philadelphia: N.Bisson, Thomas 89-123. University , ed.of Zbigniew Zbigniew Ole Ċ pek: normy moralnoscipek: normy spoa praktyka Cultures ofPower. Lordship,Statusand Process in á (The culture of medieval Poland), ed. Bronis awa zSienna” (Unknown of documentZbigniew Past andPresent 290 Ċ Ğ grzech iRusiHalickiej nicki, Ksi Ğ nickiego z 3 lutego1451 nickiegoz 3 roku wsprawie ąĪĊ 152 (1996): 205-223. 152(1996): á adem Polskiego Towarzystwa Polskiego adem Ko Ğ cio . Oxford and NY:Oxford On theFrontier Latin of á a i M a i (The Drag - Sas clan in eds. Anna Adamska ąĪ á Stanu ecznej” (Sin (Sin and ecznej” Kultura Polski (Zbigniew , ed. á aw