Privilege for the Jews of the Przemyśl Region and Rus'
Przywilej dla Żydów Ziemi Przemyskiej i Rusi
Stefan Czarniecki, March 17, 1660
Translated by Adam Teller, University of Haifa, Israel
No. 9
Siedliszcze March 17, 1660
Stefan Czarniecki, the Wojewoda of Ruthenia, issues regulations for the Jews of the Przemyśl district and the wojewodztwo of Ruthenia in general
I, Stefan of Czarna Czarniecki, Wojewoda of the Ruthenian lands, general of the army of His Majesty the King, Starosta of Piotrków, Kaniów etc, notify everyone who needs to know, in general and individually, to wit my office of podwojewoda, that I am establishing the following order for Jewish affairs, while confirming the rights previously granted by my predecessors to the Jews residing in the Przemyśl district (ziemia przemyska) and to others who live under my jurisdiction and pertain to my Ruthenian wojewodztwo.
1. First of all, the podwojewoda has the right to hear cases in the Jews' synagogue with the Jewish elders and a scribe; at the same time, a sworn beadle (szkolnik) acting as bailiff must be present at all cases for testimony, which testimony must be valid.
2. Having chosen a scribe, sober and knowledgeable in law, the Jews themselves should recommend him to the podwojewoda.
3. The podwojewoda should not oversee any litigation or try cases without the elders.
4. In the absence of the podwojewoda, the scribe, together with the Jewish elders, should adjudicate cases and daily affairs in the Jews' synagogue. Appeals against their verdicts should be directed to myself rather than to the podwojewoda.
5. For writing appeals six grosz is due to the scribe, and five to the office, for the seal five grosz is due to the podwojewoda, for any decree only five grosz is due, of which two [grosz] ought to go to the podwojewoda, two to the Jewish elders and one to the scribe. And when the podwojewoda is absent from the disputes, the scribe should take for himself [the payment] for the decree, which should be due to the podwojewoda.
6. Jewish documents or cases with the record books should not be taken out of the synagogue, but should be kept in a chest with my seal and two locks, the key to one of which should be kept by the scribe and to the other by the beadle..
7. The podwojewoda should not himself hold any Jewish records, or accept any registrations or protests, declarations or wound examinations or sequestrations; if any such were accepted [by him], they shall be deemed invalid; rather the Jewish elders should have them inscribed and inserted in the record books kept in the synagogue.
8. In the election of the [community] office and the Jewish elders, whom the Jewish populace, according to custom, elects around their Easter, the podwojewoda has no part, only the Jews themselves.
9. The podwojewoda should try cases twice a week, once on Tuesday and the second time on Thursday. If he has a case between Jews under his jurisdiction and other [Jewish] strangers, he should not adjudicate this case, rather the Jewish elders with the scribe [should do so].
10. The podwojewoda should appoint to the Jewish elders and the Jewish populace a scribe to whom the elders and the populace agree.
11. Nobody is to seal the Jews' synagogue without the order of His Majesty the King, and my permission.
12. When someone wants to summons a Jew, he should take the official seal from the scribe, for which the scribe should receive half a grosz. The [seal] should be given to the beadle in order to summons the Jew at a certain time. For issuing a summons, the beadle should be given half a grosz.
13. When a Jew [who is] summoned by a szkolnik does not present himself at the office, [he] should give a penalty: the podwojewoda [should] be given a pound of pepper as his fine. Should he not present himself a second time, he [should give] a second pound of pepper, and should he not appear a third time – he should give the penalty three times.
14. For putting his seal to an extract or a document five grosz is due to the podwojewoda, as well as five grosz to the scribe for penning [it].
15. If a Jew has a lawsuit with another Jew, [it] should not be adjudicated by the podwojewoda or the scribe (if the Jews have leased the courts from me for that time???) but only those Jews whom the Jewish populace have with willing agreement elected and chosen; there shall be no appeal from them.
16. When a Jew purchases a house or property from another Jew, the registration [of the purchase] should be made only before a Jewish office. For registration, the purchaser should give a pound of pepper to the podwojewoda, twelve grosz to the scribe, twelve to Jewish elders and twelve to the beadle.
17. When a Jew beats or wounds another Jew, he should declare [this] to the beadle and register the wounds; for registering the wounds one grosz is due, and a penalty of a pound of pepper goes to the podwojewoda from the one who inflicted the wound; neither the podwojewoda nor the scribe will be a part of this court, only the Jewish elders.
18. If a Christian has a case with a Jew over a debt or a beating or some other matter, it should not be adjudicated by the podwojewoda alone but together with the Jewish elders, and the Jewish elders should give their verdicts.
19. And should someone from the Jewish populace disobey the elders in the matter of payments, decrees they have given, or in other issues, the Jewish elders should try him. The podwojewoda must not interfere with their court, nor come to his defence, but on the contrary should cooperate in executing the verdict of the elders.
20. The podwojewoda may not sell or lease his office, [nor may] his successors or heirs.
21. When a Jew gives more than a kopa [sixty grosz] for a loan, he should bring the pawn to the scribe on the very same day and register from whom he received the pawn, for what [amount] it was pawned and what was the agreed interest. For registration [he] should pay the scribe one grosz.
22. A Jew should only hold the pawn or collateral for the loan for a year and six weeks. Once a year and six weeks have passed, the Jew should come to the Jewish office [i.e. the podwojewoda's office] with this pawn and make an official declaration that he has kept it for the purpose of usury for a year and six weeks. There the Jewish office should award him this pawn or collateral for good and he is free do with it whatever he wants. He is free to sell it, spoil it, give it away or put it to the best use [he can]. For this verdict the Jew should give five grosz to the office to have it inscribed in the record book, and one grosz [is due to] the beadle.
23. Jews take such interest as is agreed upon with the person or by the person who gives the pawn. And when the latter says that he pawned [it] with a Jew for a smaller sum or for a lower rate of interest, the Jew should show in the records that the pawn or rather the collateral was given for a greater amount, or [the Jew] should take an oath with which he confirms everything. The person who gave the pawn must pay according to the oath.
24. When someone pawns something with a Jew, and this pawn or collateral is burnt or lost with other items, the Jew should take an oath and this oath will dismiss the Christian.
25. In addition, when a stolen item is found at a Jew's, he should swear that he did not know that this item had been stolen. [This is] except for church items, for which, in so far as they were stolen and sold to the Jews, his oath will not be valid.
26. When a Jew loans something to a Christian and the Christian denies it, the Christian will take an oath and so dismiss the Jew.
27. A Christian should not submit a testimony against a Jew about any issue, only with a second Jew and a Christian; otherwise the testimony should not be allowed.
28. If anyone wants to receive an extract from the record books with appeals, decrees and any other judgements (iudicata), the podwojewoda should produce them with no delay.
29. Jews in my wojewodztwo should not be subject to other jurisdictions.
30. The podwojewoda should diligently enforce my authority and his office, barring and protecting them from other jurisdictions and namely [from that] of the castle [grod].
31. That thus and in no other way should be the order of the rights of the Jews of Przemyśl do I, in compliance with the ancient rights bestowed upon them by my predecessors, sign with my own hand next to my seal for better faith and certainty.
This was all done in Siedliszcze on the 10th day of the month March in the year of Our Lord 1660. Stefan Czarniecki, Wojewoda of Ruthenia
(Terr. Prem. I 145 p. 299-303. Castr. Prem. T. 457 p. 1817)
Publication: Z. Pazdro, Organizacja i praktyka żydowskich sądów podwojewodzińskich w okresie 1740-1772 na podstawie lwowskich materyałów archiwalnych, Lwów 1903, pp. 171-75
Citation Information
Privilege for the Jews of the Przemyśl Region and Rus'Stefan Czarniecki, March 17, 1660
Translated by Adam Teller, University of Haifa, Israel
Accessed on Monday 08th of February 2010
http://www.earlymodern.org/citation.php?citKey=121&docKey=e