Volume 5: Law: Continuity and Change in the Early Modern Period, 2008, Yeshiva University, New York, NY

Privilege for the Jews of Lwów

Przywilej dla Żydów Lwowskich

Marek Matczyński, March 21, 1692

Translated by Adam Teller, University of Haifa, Israel

No. 11

Lwow, March 21, 1692

Marek Matczyński, the Wojewoda of Ruthenia bestows upon the Jews of Lwow the so-called Wojewoda's Regulations (porządki wojewodzińskie)

Marek of Waręż and Michnow Matczyński, Wojewoda and General of Ruthenia, starosta of Belz, Rubieszow, Grojec, Bracław etc.

I notify everyone who needs to know, in general and individually, and in particular the podwojewoda of Lwow, my representative [namiestnik] now and in the future, that, relating to the ancient laws and customs of my predecessors, I confirm them with this document, and in endorsing the laws, I wish to make the following arrangement:

1. First of all, in order that the salary of the podwojewoda's office remain in good and proper order and that the merchants incur no aggravation on that account, I leave it to the administration of the Lwow community ea cum praecustoditione seu verius praecautione, [with such guardianship and serious precaution] that they do not dare to take one shilling [dime] more than the instruction I have laid down. Therefore joining my salary from the merchants with what is owed to me from the small towns in my jurisdiction and all the income in general which is to accrue to my treasury from the community, I hereby determine that the community, both urban and suburban, together with the rabbis of Lwow, pay my treasury annually in legal tender four thousand Polish zloty in four installments. The first installment on the festival of John the Baptist, the second on the festival of Saint Michael, the third, the same as above, on Christmas, and the fourth and last in the same way also in the sum of one thousand zloty on the holiday of Saint Gregory. The community must pay my podwojewoda in the [same] order as above in installments, one thousand zloty in all, on the understanding that once we have taken the above sums or installments, neither I nor the podwojewoda will have any claim to fish, spices or any other victuals, and neither may my servants - with me or without me - claim [anything] and, of course, no expenses need be made to the podwojewoda or his servants.
2. The elders of both communities having stipulated the elections to the leadership as far as time, custom, and regulations are concerned, and without any impediment from me or the podwojewoda, are to hold the elections in accordance with their rights and customs peaceably and without the slightest hindrance. These elected Jewish elders must try the local Jews of Lwow, both urban and suburban, as well as the foreign [Jews] of the entire Ruthenian wojewodztwo, faithfully and justly in accordance with the old and ancient customs, rights and orders.
3. The podwojewoda and the Judge should take the oath in accordance with the civil law and especially according to the Statutes of the Kingdom, namely Herburt, as is found in those Statutes with the heading, “De Iudaeis”, under pain of nullifying their rulings in the case the oath is not properly taken.  This with the express addition that the Judge, present and future, should be chosen from two candidates suggested by the urban and suburban Jewish elders, with one [of those] they like to be chosen for approval and confirmation. In accordance with the ancient laws and regulations of this community, neither the podwojewoda nor the judge may hold any office in the Castle or District Courts, so that the jurisdiction of the wojewodztwo should not suffer legal restrictions through the holding of double offices.
4. My Judge may not try Jewish cases in his residence but only at the legally appointed site by the synagogue.  The Jewish elders should sit in court with him and cast their vote according to their [own] understanding in the cases and trials, following the ancient custom and the laws of this community.
5. In as much as it is useful for the party burdened with a heavy sentence to appeal to me from either the podwojewoda's  or the Judge's [court], such appeals should not be denied in any case, but on the contrary should be permitted, taking reverent care for my authority.  Moreover, so that in each case the writs to the accused are delivered by the under-beadle of the Lwow Jews, I want the accounts of the taking and handing over of the writs to be written in the protocol, under pain of nullifying the case.
6.  The Judge needs to hear these Jewish trials only twice a week, that is on Monday for the Jews of the urban [community], and on Thursday [for the Jews] from the suburb; these can be heard – as already mentioned– by their synagogue.  This is apart from cases involving guests [i.e. Jews from out of town], which require immediate proceedings without delay.  These, however, may be heard, as stated, by the synagogue, on any day except for their festivals.
7.  All protocols - past and present - as well as the record books and documents of the Wojewoda's court should be kept locked in a chest in the court chamber; the key to this chest should be [held] by the Judge. I declare that the records of those who testified but did not sign the Wojewoda's protocol are invalid and of no significance; indeed, such documents must be nullified.
8.  There are vagrant Jews, who having no [occupation], get into trickery, i.e. they serve in collecting [the taxes of] szelążne, czopowe and the lease [arenda], but collect more than is due. Therefore, in an effort to [ensure] that they do not harm people, [I order that] none of these Jews should dare to serve without the knowledge of the elders, and that the Jewish elders of both communities, the urban and the suburban, ensure that anyone who takes up these services is a man of virtue and not suspicious In this way, they can recommend him to people that he will not deceive or trick [them] and will carry out his duties with fairness. The penalty [for failing to act properly] is severe, and is put in the hands of the Jewish elders of both communities so that they severely punish those who act wickedly in these matters - without any respect [of person].
9. When a Jew has a case with another Jew, neither the podwojewoda nor my Judge should be involved.  They should litigate only before the elders as is necessary.
10. In addition, in each case which would require it, examination [under torture?? inkwizycya] should not be forbidden to anyone, just as was stated above, and should retain its excellent and satisfactory value as well as its appropriate reliability according to the ancient and old laws.  This I confirm with my authority, approving such rights as were, of old, suitable for both communities, without encroaching upon them in any way.  It is my wish that neither now nor in the future should [these rights] be violated by myself, or by the podwojewoda, the Judge or my courtiers in any way.

Done in Lwow, on the twenty first day of the month of March of the year 1692.

Marek Matczyński, Wojewoda and General of the Ruthenian lands. The place of the seal.

(Castr. Leop. T. 478 p. 548; T. 518 p. 777; T. 544 p 2605)
Publication: Z. Pazdro, Organizacja i praktyka żydowskich sądów podwojewodzińskich w okresie 1740-1772 r. na podstawie lwowskich materyałów archiwalnych, Lwów 1903, pp. 176-79.

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Citation Information

Privilege for the Jews of Lwów
Marek Matczyński, March 21, 1692

Translated by Adam Teller, University of Haifa, Israel
Accessed on Monday 08th of February 2010
http://www.earlymodern.org/citation.php?citKey=122&docKey=e