ossnhughiePO Top Contributor & Patron
Joined: 19 Sep 2010
Replies: 359
Location: Massachusetts, USABack to top |
Posted: Sun Jun 05, 2016 5:03 pm
Post subject: remarried before the death of spouse??
Greetings to my PO Friends,
I was recently searching through the Mormon Microfilm in the parish of Kozakiszki (Thankfully available online) I was looking for the birth record of my 3rd great grandfather Jozef Fronckiewicz who according to his marriage record was the daughter of Antoni Frackiewicz and Teresa Jastrzembska. Well low and behold I found out that Jozef was a twin he and his brother Jakub were born 2 July 1817, I also found an older sibling Wincenty who was born in the same village/parish on 4 October 1814.
I was going back hoping to find Antoni and Teresa's marriage record and I found a marriage record dated 29 Listopada 1812 of Sir Antoni Frackiewicz and Teresa Ruczynska. I bookmarked it as a possible match even though my Teresa was named Jastrzembska, knowing the frequency of remarried widows and widowers. It turns out looking at baptisms in 1811 I found a Franciszka Ruczynska the daughter of Sir Jozef Ruczynski and Lady Teresa JASTRZEMBSKA......i figure ah ha she was the one in the 1812 record and she did remarry Antoni!
The further back I went in the records the more children of Jozef and Teresa I found, Karolina; born 1810, Franciszek; born 1807, another Franciszka born 26 of November 1803 and 6 days prior on the 20th of November they were married. So now I was looking for when Jozef Ruczynski died sometime between late 1810 and 1812. It turns out I found his death record in the year 1812 on 25 Grudnia at the age of 26 years old.
This caused me quite a bit of confusion. if 29 Listopada is November 29th, and 25 Grudnia is Christmas day, how could she be married to this man a month before her current husnband was dead?? Was this permitted? Was this an error in record keeping? I will attach images of both just so you can look for yourselves, and perhaps make sense out of this.
Jozef's death is the second to last entry.
Antoni and Teresa's marriage is the last marriage entry.
Hugh
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SophiaPO Top Contributor
Joined: 05 Oct 2014
Replies: 1560
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Posted: Sun Jun 05, 2016 8:42 pm
Post subject:
Hi Hugh,
Well, that is odd.
I see, as you say, the marriage taking place 29 Listopada (Nov. 29th) and the death taking place 25 Grudnia (Dec. 25th). What I cannot see is what year either of these events is happening. You indicate that both happened in 1812, it's just that the year is not showing on either of these pages. If the death were in 1811, all would be well. Was the year only written on the page that has January entries?
I note that the entire page of marriages all have the same date, 29 Listopada, and that strikes me as unusual. So many marriages in one day? I could imagine a few scenarios, but maybe it would be better to take a look at the online records. How can I find them?
So puzzling....
Sophia
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ossnhughiePO Top Contributor & Patron
Joined: 19 Sep 2010
Replies: 359
Location: Massachusetts, USABack to top |
Posted: Sun Jun 05, 2016 11:19 pm
Post subject: Sophia here's a link to the mormon records
Sophia here's the link to the Kozakiszki records (images able to view on Mormon website)
https://familysearch.org/ark:/61903/3:1:3Q9M-CS9M-P9P6-F?i=741&cat=1648943
The baptisms for 1812 start on pg 738 of 786
The marriages for 1812 pgs 741 and 742 (Antoni and Teresa's marriage on pg 742)
The deaths for 1812 begin on 742 and on (pg 743 is Jozef Ruczynski's death record.)
Also interesting to note is jozef seems not to be listed as a nobleman although he clearly was and should be.
I am thinking is their a possibility that the period was in upheaval?? Iam not sure of my history back was the area near Vilnius at the time under chaos due to Napoleonic wars?? My dates are probably off.
Hugh
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dnowickiPO Top Contributor
Joined: 28 Dec 2011
Replies: 2956
Location: Michigan City, IndianaBack to top |
Posted: Mon Jun 06, 2016 6:56 am
Post subject:
Sophia & Hugh,
It seems to me that the most likely solution to the quandary is that it is a different Jozef Ruczynski who died on Dec. 25, 1812. You are looking for a member of the szlachta and not only is this Jozef not recorded as such but is clearly recorded as a peasant (stanu wieyskiego or in current spelling stanu wiejskiego, the equivalent of the Latin "rusticus" or country dweller a term used to denote a peasant). Note that there is another peasant who died in 1812, Ignacy Ruczynski, found on image 742. Evidently both peasants and nobles in that area shared the same surname.
Sophia,
The year is only listed at the top of the first page of entries for the specific category of event. (Based on the rather small number of entries for a given event, the parish was relatively small.) It was not at all unusual for a large number of marriages to take place on the same day during the month of November. The penitential season of Advent was about to begin and it was the "hurry...last chance to have your wedding until January sale". If you look at the two pages of marriage entries for the year, all the weddings in the parish took place from October 25 through November 29---the prime months for weddings in rural areas since the farming season was finished for the year.
Little mysteries make research fun...
Dave
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SophiaPO Top Contributor
Joined: 05 Oct 2014
Replies: 1560
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Posted: Mon Jun 06, 2016 7:28 am
Post subject:
Hi Hugh and Dave,
Excellent point you are making, Dave, about the szlachta vs. peasant status meaning that this may be a different guy with the same name. Also, thanks for the explanation about the completion of the harvest and the oncoming Advent season making for a logical cluster of marriages. Very interesting!
Still, I think there is something else worth looking at in these records. If you go to the microfilm, Image 674, you see a chart showing a sort of Table of Contents of what is coming:
1803 births start on pg 1, marriages start of pg 3, deaths start on pg 5
1804 births start on pg 8, marriages start on pg 10, deaths start on pg 11
And so on. Until you get to 1810 and 1811. Do you see the insert? Page numbers 55, 56 and 57 are out of order. So I checked it out. It appears to me, going thru images 724 to 742, that you have some records from 1810 showing up in the middle of records from 1811 and 1812. My current theory is that the death you are interested in was actually in 1810.
See what you think!
Best,
Sophia
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SophiaPO Top Contributor
Joined: 05 Oct 2014
Replies: 1560
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Posted: Mon Jun 06, 2016 4:14 pm
Post subject:
Hi again Hugh,
Just a little more explanation to support what I what saying above...
I believe what we are seeing here on this microfilm is a duplicate set of records, not the original record book. I think that, every so often, a copy of the baptism, marriage and burial records was required to be transcribed and sent in to a higher authority.
For example, look at image 742, right-hand page. These are deaths from 1812, for sure. If you look down the column for the dates of death, you have 4 deaths in Sierpnia (August), 4 in Wresnia (Sept.), 2 in Pazdziernik (Oct.), 1 in Listopad (Nov.), then again 1 in Pazdziernik (Oct.) and finally 1 in Grudzien (Dec.). That one backwards skip represents, I think, a signal that this is a transcribed list. Secondly, there is the issue of the misplaced records from 1810. You have 1810 deaths on images 736 (right-hand), 737 (both sides) and 738 (left-hand). You have all the same deaths from 1810 on images 724 (right-hand), 725 (both sides) and 726 (left-hand). This is not repetition by the person microfilming (though that happened rather a lot in this microfilm, as well) because if you look carefully, you will see small differences. The easiest difference is when you compare the year's summary at the bottom left of image 726 and the bottom left of image 738. The data is the same, but these are two different images. So the writer did get confused at some point, and wrote it all over again.
Sorry to make this overly long, but here is the point I want to make. When the deaths for 1810 were written out, they end in Pazdziernik (Oct). When the first page of 1812 deaths were written out, they end on 2nd of December. When you look at the deaths on image 743, they begin with 3rd of December. Logically, they could belong to 1812. Logically, they could also belong to 1810. It all depends on how the original book looks, and what it was about that book that confused the writer of the duplicates. In my opinion.
Thanks for reading this,
Sophia
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nercellPolishOrigins Patron
Joined: 21 Aug 2014
Replies: 287
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Posted: Mon Jun 06, 2016 4:20 pm
Post subject: KODEKS NAPOLEONA'
Hi Sophia, Dave and Hugh,
Regarding when a woman may remarry at this time in Poland~
In 1807, Napoleon created the Duchy of Warsaw. In its Constitution, on 1 May 1808, was art. 69, which read: The Code Napoleon is the civil law of the Duchy of Warsaw. And so, the French Civil Code became the Polish Civil Code.
According to the 'KODEKS NAPOLEONA':
Dział VIII - o Powtórnych małżeństwach (art. 228)
228. Żona nie moze wchodzić w powtórny związek, aż po upłynięciu dziesięciu miesiecy, od rozwiązania małżeństwa poprzedniego.
Section VIII - by repeated marriages (art. 228)
228. The wife can not go into re-union, until after the expiration of ten months, the termination of the previous marriage.
Obviously, this was meant to ensure paternity.
Dave-your explanation about there having been both peasants and nobles using the same family name in an area may indeed be true. For what it's worth-in my experience in post partitioned Poland-I have one side of my Tylicki family (who remained in the ancestral parish) noted as szlachta or 'well born' -while my direct line, who moved out of the parish by 1830, was now being described in the records as 'farmer', 'mortgage lender', 'carpenter' etc. By the late 19th century none, of the family members on either side, were being described as 'well born' etc. I am certain this had to do with the fact that they could not pay for and/or prove their noble heritage as was required by the governing powers. Most likely, they did not have the funds that were required to do so.
Sophia- I, too, have found a couple of LDS pages out of order. Due to loose pages and worn bindings, I imagine this is more common than we think.
As always-so interesting,
Nancy
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ossnhughiePO Top Contributor & Patron
Joined: 19 Sep 2010
Replies: 359
Location: Massachusetts, USABack to top |
Posted: Mon Jun 06, 2016 6:41 pm
Post subject: Some interseting new finds in registers
Dear Sophia and Dave and Nancy et al,
I have been skimming through the images looking for other Ruczynski(ska) Fronckiewicz(Frackiewicz) and Jastrzembski(ska) names to see if i can nail down all the children had by Jozef and Teresa before his death and her re-marriage to Sir Antoni Frackiewicz. An interesting aside, it seems that the Kozakiszki church was administered by the Dominican Order (I think i saw the pastors signature in documents with the OP after his name).
Getting back to the details of what I have found that makes things all the more interesting. I would say as I look at the records one thing seems pretty clear also, firstly that the Ruczynski family seems to have roots in this parish for sure, given the lack of Fronckiewicz names on earlier records it seems probable the Antoni (my direct descendant migh have moved here (that of course is just speculation).
1. (On page 740, right column, 4 down) in Podolosie village, a child Anna was born on 13 SEP 1812 to nobleman Jozef Ruczynski and Anna Franckiewicz.
*too further confuse things there is a Sir Andrzej Ruczynski who was married to Anna Frackiewiczowna and had 2 children I can find so far (Tomas Wiktory. pg 708 left col. 2 down / b: 1 Marzec 1808) & (Jakub. pg 719 left col. 3rd from bottom / b: 21 July 1810) also from Podolosie. Perhaps Andrzej died, and she married Jozef or maybe they're different people? I will check deaths and marriages in between as well as for more birth records.
*This must be a different Jozef Ruczynski (I doubt anullments were a common practice, especially after having numerous children)
2. On pg. 736, right column, 3rd from bottom, is the death record of lady Karolina Ruczynska (A known daughter of Jozef and Teresa (Jastrzembska) Ruczynski. Karolina's birth record is on (pg. 717, year 1810 it is in the right column, 2nd from the bottom)
3. The last born child of Jozef and Teresa before his apparent death was a Franciszka (she can be found on pg. 728, left column, 2 down for the year 1811) the date of her birth and baptism was 25th of Lutego (Februaury) 1811.
So in summary it seems we have this:
JP (sir) Jozef Ruczynski m. JP (lady) Teresa Jastrzembska in Kozakiszki on 20 Nov 1803 six days before the birth of their first child, a daughter Franciszka (I) on the 26th Nov 1803.
Their children (At least what i have found after going through the births from 1803-1812)
1. Franciszka I. b:26 NOV 1803. d:20 JAN 1804 (pg 684 rgt col. 4th from bottom).
*I have my doubts with record not listed as noble, and aged 12, village of Pod-
olosie is correct though. Also later daug. Franciszka implies 1st died.I have also
re checked death registers up to 1810 with no records of other Franciszka deaths.
2. Jan Ruczynski. b: 31 DEC 1804.(pg 687 rgt. col. 2 down) D: uknwn. listed as born
of nobles Jozef and Teresa (Jastrzembska) Ruczynski.
3. Franciszek Jozef Rucznski b:4 DEC 1807. (pg 703 rgt. col. 3 down) D: unknw.
listed as born of same Nobles Jozef and Teresa.
4. Karolina Ruczynska b: 1 February 1810 (pg 717 rgt. col. 2 from bottom) d: 12 Feb
1810. (pg 736, right col. 3rd from bottom) *not 100% sure this is her but is listed
as noble.
This is all on big mystery that I hope, I or rather we can unravel, I appreciate the input from those knowledgeable about this area and customs. Though Imust admit I feel more like Dr. Watson then Sherlock Holmes as Iplod through this mystery.
Hugh
_________________
Litwo! Ojczyzno moja! ty jesteś jak zdrowie;
Ile cię trzeba cenić, ten tylko się dowie, Kto cię stracił.
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SophiaPO Top Contributor
Joined: 05 Oct 2014
Replies: 1560
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Posted: Tue Jun 07, 2016 6:18 am
Post subject:
Hi Hugh,
In my inbox this morning was a note from Sherlock Holmes that I think will interest you:
"My dear Dr. Watson, the marriage record for Antoni Frackiewicz and Teresa Ruczynska has two witnesses listed, both nobles. One is Andzrej Ruczynski and the other is Jakub Jastrzebski. Ha!"
This may lend some weight to your idea of this being Teresa's second marriage, and her maiden name being Jastrzembska.
On another note, I want to point out that if 1812 is actually the year of death of Jozef Ruczynski who is noted as 26 years old at the time of his death, you can deduce that he was only 17 years old in 1803. That makes him rather young to be the father of Franciszka who was born in 1803. So again, you either have two men named Jozef Ruczynski, or that death was not in 1812.
Kudos to Nancy for providing the information from the Kodeks Napoleana that directly answers your question about remarriage. Teresa would have had to wait 10 months after the death of her first husband before she could marry her second.
Best,
Sophia
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dnowickiPO Top Contributor
Joined: 28 Dec 2011
Replies: 2956
Location: Michigan City, IndianaBack to top |
Posted: Tue Jun 07, 2016 7:24 am
Post subject:
Good Morning to Sherlock, Watson, & Company,
Yes, the records for some years are out of place in the images but there is another complication involved in these parish records---e.g. Karolina who died on February 12, 1810 died twice according to the documentary evidence. In image 736 she died as a member of the szlachta and in image 723 she died as a peasant. As is not uncommon, several copies of the records exist and at least for the year 1810 the two versions are jumbled together in the images online. I'll leave it to you detectives to figure out which is the more reliable copy and why is it so. Suffice it to say that the records must be read carefully...headings and all and the evidence needs to be examined and either accepted or rejected on the basis of convincing logic.
The Napoleonic Code can be important to determine what it legal or illegal according to civil law but that code was not "the law of the land" in the area where these records originate. It was in force in the lands of the old commonwealth which in 1812 were part of the Duchy of Warsaw (Ksiestwo Warszawskie). As a side note, during the 19th Century the Napoleonic Code was not in force in all aspects in the lands of the Prussian/German Empire and those of the Austrian Empire, which means that the Code was not the law of the land in German Poland (Prov. of Posen/Poznan) or in Austrian Poland (Galicia). The laws regarding second marriages of widows or widowers which held sway in the territory under consideration were the ecclesiastical laws of the Catholic Church which set no waiting period between the death of a spouse and the second marriage of the survivor. Among my ancestors there are examples of second marriages of widows or widowers taking place before the 10 month waiting period. A third great grandmother died on August 10, 1848 and her widower married a second time on November 12, 1848 and that was in Russian Poland (Krolestwo Polskie) where some parts of the Code were in force, but obviously not the civil 10 month waiting period after the death of a spouse.
Happy detecting,
Dave
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ossnhughiePO Top Contributor & Patron
Joined: 19 Sep 2010
Replies: 359
Location: Massachusetts, USABack to top |
Posted: Tue Jun 07, 2016 9:01 am
Post subject: Thanks again
Dave, Sophie, Miss Marple, And Fr. Brown,
I appreciate the input, I guess the only way to be 100% sure is to have my researcher Agata look at the originals in the archives. It is interesting to note that looking through the records that the Ruczynski, Frackiewicz and Jastrzembski families were connected through various marriages. There was another Jozef Ruczynski married to an Anna Frackiewicz and a Andrzej Ruczynski married to seemingly another Anna Frackiewicz and of course my Antoni Frackiewicz, who married a Jastrzembski who was married to a Ruczynski.
I am guessing this was a fairly common practice amongst noble families multiple marriages between families even multi generation, as long as they weren't related or closely related.
Hugh
_________________
Litwo! Ojczyzno moja! ty jesteś jak zdrowie;
Ile cię trzeba cenić, ten tylko się dowie, Kto cię stracił.
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