Cielemęcki

[Heading:] The ninth protocol of inscriptions, under the act of the Tuesday within the octave of the feast of the Most Holy Body of Christ Our Lord, of that same year 1743 [18 June 1743].

The venerable (Ven.) Hiacynt [Cielemęcki], archdeacon […], on the one side, and Krzysztof on the other […] the Cielemęckis, and likewise Adam and Józef, sons of the late magnificent (Magn.) Piotr Cielemęcki, chamberlain of the Mielnik land, brothers german to one another, as also the well-born (Gen.) Adam Łaski, deputy voivode of Łuków, as the third party, being of sound mind and body, deposed that – for the final settling and deciding of the classes of claims, both between themselves the brothers and […] held and arising up to this day –

as the highest arbiter and judge (the umpire) they choose, inscribe, appoint and solemnly […] the magnificent (Magn.) Krzysztof a Gołąbki Jezierski, giving and granting to that same magnificent (Magn.) umpire […] the right to hold a condescension and to establish the jurisdiction.

That same magnificent (Magn.) umpire is to come down to the condescension at the convent of the fathers of the Order of St Francis Observant here at Łuków on the Wednesday after the feast of the Nativity of St John the Baptist [26 June 1743], together with the magnificent (Magn.) arbiters, two appointed by each side.

First of all he shall bind the well-born (Gen.) Adam Łaski, deputy voivode of Łuków, and the magnificent (Magn.) Joanna née Jezierska – by her first marriage the wife of the late magnificent (Magn.) Piotr Cielemęcki, chamberlain of the Mielnik land, and by her second marriage the wife of that same [Łaski] – her husband, to produce the documents, throwing light upon the mass of the Cielemęcki substance; upon that production, preceded above all by an oath taken and confirmed, he shall establish that mass and shall separate from the Cielemęcki substance what passed to the successors by title of the late Joanna née Jezierska Łaska;

next he shall examine the lawfulness of the succession – both after the late […] and after Piotr Cielemęcki, the father, and after the nobles (Nob.) Franciszek and Józef Cielemęcki, brothers german, who died without issue, and after Antoni […]; regulating the rights and actions of the parties, he shall decide all the transactions, shall ascertain to whom what fell, and shall cancel or confirm the claims of the parties – according to equity; from whatever source they arise, he shall judge them according to the degrees of law that shall be required;

finally, in his decision, according to the classes described above, he shall order the setting apart […] of sums of that kind in due proportion both to the parties and to the competing claimants, in […] the making of satisfaction.

As regards the noble (Nob.) deputy voivode of Łuków – on account of the sum of six thousand Polish złoty contracted by the late […] in favour of […] Hiacynt, he shall decide and shall compel to warranty whomsoever it shall fall to, or shall secure him upon the sums concerning him, so far as they suffice; and should the warranty upon the sums named above and upon others prove insufficient – he shall reserve to himself the indication [of further security].

Promising and inscribing themselves that whatever shall be decided and adjudged by the said magnificent (Magn.) umpire together with the magnificent (Magn.) arbiters, they shall hold as valid and agreeable; and this under the land-law damages and under the jurisdiction of the present office.

[Signatures:] A. Łaski, deputy voivode of Łuków; Jacek Cielemęcki in his own hand; Fr. Krzysztof Cielemęcki in his own hand

The very reverend (Adm. Rev.) Father Krzysztof Cielemęcki, son of the late venerable (Ven.) Piotr Cielemęcki, land chamberlain of Bielsk – in his own name and in the name of the very reverend (Perillustr. et Adm. Rev.) Father Hiacynt Cielemęcki, archdeacon of Bakowo [uncertain reading], his brother german, by virtue of a special power of attorney deposed for him by that brother, for the acts described below, before the present records on the Wednesday, on the vigil of the feast of St Peter in Chains of the present year 1743 – on the one side, and the magnificent (Magn.) Adam Łaski, deputy voivode of the Łuków land, on the other side, being of sound mind and body, deposed that they – for the final quieting and settlement of the classes of claims arising mutually between them – choose as their highest judge and umpire (superarbiter) the magnificent (Magn.) Krzysztof z Gołąbek Jezierski, starosta [the reading of the office uncertain], and inscribe this, giving and permitting to that same magnificent (Magn.) umpire to come down to the ground at the term described below and to found his jurisdiction.

Which magnificent (Magn.) umpire, having come down to the ground of the estate of Łazy, the leasehold of the magnificent (Magn.) Łaski, deputy voivode of Łuków, on the Monday after the feast of St Lawrence the Martyr coming in the present year, together with the magnificent (Magn.) arbiters – two taken by each side – shall first of all compel the said Adam Łaski, deputy voivode of Łuków, and the magnificent (Magn.) Jan z Jezierskich [uncertain reading], as the husband of the [granddaughter] of the late venerable (Ven.) Piotr Cielemęcki, chamberlain of the Bielsk land, to bring in both the documents and the whole mass of the Cielemęcki substance; and out of that bringing in, which is to take place first of all and is to be affirmed by oath, he shall establish that same mass and separate it from the Jezierski substance, fallen to the successors by title of the late lord z Jezierskich Łaski; next he shall settle the lawfulness of the succession – both after the late venerable (Ven.) Piotr Cielemęcki, the father, and after the late lords Franciszek and Józef Cielemęcki, brothers german, who died without issue – and shall declare upon whom it has fallen; further he shall examine any claims whatsoever of the parties, arising from whatsoever source, whose adjudication they shall demand; and lastly, after the settlement of the above classes, he shall carry out a division of the estates, proportionate to the sums charged upon them, between the parties and the participants, as also the restitution of the movables and the livestock.

Moreover he shall join to this the claim of the lord deputy voivode of Łuków on account of the sum of six thousand Polish złoty contracted by the lord Cielemęcki for the very reverend (Adm. Rev.) Father Hiacynt Cielemęcki, shall settle it and compel to warranty whomsoever it shall concern, or shall secure it upon the sums concerning him, so far as they suffice; and in the event of an insufficient warranty he shall reserve the vindication upon the sums enumerated above and upon others.

Promising and inscribing that they will accept as valid and pleasing all that shall be settled and adjudged by the magnificent (Magn.) umpire together with the magnificent (Magn.) arbiters, and this under the land-law damages and under the present court.

[Autograph signatures:] Adam Łaski; Fr Krzysztof Cielemęcki, also in the name of [his brother]