Kobylański

The well-born (Gen.): Józef Kobylański, son of the late well-born (Gen.) Jan Kobylański, on the one side, and Marcin Tchórzewski, son of the late well-born (Gen.) Stanisław Tchórzewski called Szymańczyk, on the other side, being of sound mind and body, deposed – Józef Kobylański in his own name and in the name of the well-born (Gen.) Antoni, Walenty and Jan, and likewise of Marianna, a widow, and of Zofia, wife of the well-born (Gen.) Paweł Paskudzki, Kobylański, his brothers and sisters german; and Marcin Tchórzewski in his own name and in the name of the well-born (Gen.) Ignacy and Antoni Tchórzewski, and also of the daughter of Szymon Tchórzewski, his sisters german – for whom they mutually stand surety and bind themselves in the fullest form of law – that for the settling of the suits and actions mutually brought against each other before the court of the Łuków castle office they choose, appoint and obtain as supreme judge and superarbiter the magnificent (Magn.) Jan Franciszek Jezierski, sword-bearer of Liw and clerk of the Łuków castle court. That magnificent (Magn.) superarbiter, together with the Lords Arbiters – two called by each side – is to come upon the ground of the Tchórzew Ziemiański estate on the Tuesday after the feast of the Conversion of St Paul the Apostle of the current year, that is on 29 January, and first of all to examine the lawfulness of the suit obtained by the party of the above-named Tchórzewski upon the Kobylański estate and of the delivery (intromission) subject to execution by virtue of it; that suit he is to dissolve, cancel or confirm, and also to rule on the remission of the penalties upon the decision of the principal case, out of which the condemnations were issued. Next he is to order the lodging of the documents (muniments) by whomever it may concern, and to require their genuineness to be proved on oath; those documents he will examine: the defective ones and those contrary to natural law he will cancel, the sound ones he will keep in force. Once they have been lodged, he is to separate the substance (property) of the Tchórzewskis from the substance of the Kobylańskis and to award it according to the mind of law and justice; and the maternal substance, movable and immovable, whatever it may prove to be, he will divide among the successors, preserving natural law. Further, the remaining claims, from whatever source they arise, and likewise the acts of violence and all the other heads contained in the court terms and expressed in the mutual protestations – on the basis of the inquisitions carried out – he will settle, mitigate and finally decide, leaving nothing untouched that concerns the above circumstances. To the decision of that magnificent (Magn.) superarbiter together with the Lords Arbiters both parties undertake to submit and hereby so inscribe themselves. Should they oppose the order here inscribed – they declare that they fall under the penalty of banishment, to be adjudged forthwith by the magnificent (Magn.) superarbiter and there and then, at that same term, proclaimed, and they submit themselves entirely to his authority, notwithstanding the withdrawal of one of the Lords Arbiters brought in by the party opposing; promising and inscribing that whatever shall be decided by the said magnificent (Magn.) superarbiter together with the Lords Arbiters they will hold valid, firm and lasting.

The noble (Nob.) Mateusz Kobylański, in his own name and in the name of the noble (Nob.) Marianna née Sawicka, his wife, for whom he stands surety, on the one side, and Antoni Radzikowski on the other side, being of sound mind and body, deposed that mutually and reciprocally they give a quittance to one another and to their successors: the noble (Nob.) Kobylański to the said noble (Nob.) Radzikowski – for the suit and official action brought and lodged on account of the taking of hay and of the violent oppression and the infliction of wounds during that taking; further, for the protestations, the relations and all the decrees, and in particular the last one of condescension. And the noble (Nob.) Radzikowski to the said Kobylański – for the protestation together with an inspection of wounds, made before the present records on the Friday, on the very day of the feast of St Margaret, Virgin and Martyr, in the Year of Our Lord 1741, as also for the claims for the wages earned (mercedes) and for twelve Polish złoty held by him. And this by reason of the satisfaction mutually rendered and of the actual payment of the penalties adjudged by the decree of condescension; the protestations, the relations and the decree of condescension they cancel.

The noble (Nob.) Franciszek Radzikowski called Buyno, son of the late noble (Nob.) Tomasz, begotten of the late noble (Nob.) Anna Radzikowska, in his own name and in the name of the noble (Nob.) Elżbieta Radzikowska – daughter of the late noble (Nob.) Maciej Radzikowski, begotten of the noble (Nob.) Marianna née Radzikowska of the first bed, of her marriage with the noble (Nob.) Kazimierz Pióro – his lawful wife, for whose ratification he stands surety, being of sound mind and body, deposed that to the noble (Nob.) Mateusz Kobylański, son of the late noble (Nob.) Jakub, and to his successors he cedes and makes over the sum of fifty Polish złoty, out of an original sum of two hundred Polish złoty. That sum was originally inscribed by the noble (Nob.) Maciej Wysokiński called Prusak to the late noble (Nob.) Marianna Piórówna, daughter of the noble (Nob.) Piotr Pióro, by her first marriage the wife of the late noble (Nob.) Wojciech Wysokiński; and afterwards to the noble (Nob.) Marianna née Radzikowska, her maternal cousin, before the present records on the Tuesday after Rogation Sunday in the year 1720, by way of a debt; and finally it was ceded to him, the deponent, and to his absent wife by that same noble (Nob.) Marianna née Radzikowska – with the participation of the noble (Nob.) Kazimierz Pióro, before the Warsaw castle court records on the Wednesday after Septuagesima Sunday of the current year 1743 – together with other sums charged upon other estates. Having received that sum from the hands of the present cessionary, he cedes it with everything; and further he gives a quittance for the suit begun over that sum.