Duke Boleslav of Greater Poland, 1264 Charter

 

In the name of the Lord. Amen.

Human actions quickly pass away and disappear entirely from memory unless they are preserved by the testimony of witnesses or written documents.

Therefore, we, Bolesław, by the grace of God Duke of Greater Poland, make known to all people, present and future, who shall see this document that we have decided to declare, word for word, the laws and privileges granted by us to the Jews living throughout the territory under our rule. They are set out in the following provisions.

  1. In any proceeding concerning money, movable or immovable property or a criminal charge affecting the person or property of a Jew, a Christian shall not be admitted as a witness against a Jew unless a Jewish witness testifies together with him.
  2. If a Christian brings a claim against a Jew, asserting that he entrusted pledges to him, and the Jew denies it, the Jew shall establish his position by an oath if the Christian refuses to accept his word. Once the oath has been taken, the Jew shall be released from the claim.
  3. If a Christian gives a pledge to a Jew and later maintains that it secured a smaller sum than the Jew claims, the Jew shall swear concerning the amount secured by the pledge. The Christian shall pay the amount established by the Jew’s oath.
  4. If a Jew states, without witnesses, that a Christian received a loan secured by a pledge and the Christian denies it, the Christian may clear himself by his own oath.
  5. A Jew may accept as a pledge anything offered to him without being required to investigate its origin. He may not accept bloodstained or wet clothing or sacred vestments used in Christian worship.
  6. If a Christian claims that an object held as a pledge by a Jew was stolen or taken from him by force, the Jew shall swear that he didn’t know this when he received it. His oath shall also state the amount advanced upon the pledge. Once the Jew has taken this oath, the Christian shall repay the principal and the interest accumulated in the meantime.
  7. If a Jew loses his possessions, together with property pledged to him, because of fire, theft or violence, he shall be released from responsibility by his own oath once the loss has been established.
  8. If Jews become involved in a dispute or fight among themselves, the municipal judge shall have no jurisdiction over them. The case shall be judged by us, our voivode or the voivode’s appointed judge. A serious charge against a person shall be reserved for our own judgment.
  9. If a Christian wounds a Jew, the offender shall pay a penalty to us and our voivode. He shall also compensate the wounded Jew for his injury, medical treatment and other expenses as required by the laws of our land.
  10. If a Christian kills a Jew, he shall receive the punishment appropriate to the crime. All the offender’s movable and immovable property shall pass into our possession.
  11. If a Christian strikes a Jew without drawing blood, the voivode shall punish him according to the custom of our land. The offender shall compensate the Jew, and if he can’t pay, he shall receive another punishment appropriate to the offense.
  12. Wherever a Jew travels through our dominions, no one shall obstruct, burden or molest him. If he carries merchandise or other goods, he shall pay no more in customs duties than a resident of the town in which he lives.
  13. When Jews transport one of their dead from one town, province or country to another, our customs officials shall demand no payment from them. Any customs official who takes such a payment shall be punished as a robber.
  14. If a Christian damages, violates or enters a Jewish cemetery unlawfully, he shall be severely punished according to the laws and customs of our land. All his property shall pass into our treasury.
  15. Anyone who deliberately throws stones or other objects at a Jewish synagogue shall pay two talents of pepper to our voivode.
  16. If a Jew is found liable by his judge for the monetary penalty known as wandel, he shall pay the established penalty of one talent of pepper.
  17. If a Jew is summoned by his judge and fails to appear on the first or second occasion, he shall pay the customary penalty for each absence. If he fails to appear after a third summons, he shall pay the higher penalty prescribed by Jewish custom.
  18. If one Jew wounds another Jew, he shall pay his judge the penalty required by the custom of our land.
  19. A Jew shall not be required to swear upon a Torah scroll unless the dispute involves at least fifty marks of silver or the case has been brought before us. In lesser cases, he shall swear at the entrance to the synagogue.
  20. If a Jew is secretly murdered and the identity of the murderer can’t be established through witnesses, we shall provide the Jews with legal protection and a proper proceeding against any person whom an investigation identifies as a suspect.
  21. If Christians commit an act of violence against a Jew, they shall be punished according to the law of our land.
  22. The judge of the Jews shall not bring a dispute between Jews before his court unless one of the parties submits a complaint. Jews shall be judged near their synagogue or in another place chosen by them.
  23. If a Christian redeems a pledge from a Jew but doesn’t pay the interest within one month, additional interest may be charged upon the unpaid interest.
  24. No person shall be quartered as a guest in the house of a Jew against the householder’s wishes.
  25. If a Jew lends money upon landed property or a mortgage document based upon immovable property and the owner establishes his claim to that property, the Jew shall lose both the money and the mortgage document.
  26. If any man or woman abducts a Jewish child, that person shall be prosecuted as a thief.
  27. If a Jew has held a Christian’s pledge for a year and its value doesn’t exceed the amount lent, he shall display it to his judge. Once the required procedure has been followed, he may sell it. If a pledge remains with a Jew for a year and a day, he shall no longer be required to answer a claim concerning it.
  28. No one shall compel a Jew to return or redeem a pledge on a Jewish Sabbath or festival.
  29. If a Christian forcibly removes his pledge from a Jew or commits violence in a Jew’s house, he shall be severely punished as one who has injured our treasury.
  30. Judicial proceedings against a Jew shall take place only at the synagogue or in the place where Jews are ordinarily judged. This restriction doesn’t apply to us or our voivode, who may summon Jews to appear before us.
  31. In accordance with the ordinances of the pope, our Holy Father, we strictly forbid anyone from accusing the Jews living in our dominions of using human blood. According to the commandments of their law, Jews must abstain entirely from every kind of blood.

If a Jew is accused of killing a Christian child, the accusation must be proved by three Christian witnesses and three Jewish witnesses. If the Jew is proved guilty, he shall receive the punishment prescribed for the crime. If the required witnesses don’t establish his guilt and he is found innocent, the Christian accuser shall receive the punishment that the Jew would have suffered.

  1. Whatever a Jew lends, whether gold, silver or coin, shall be repaid to him in the same form, together with the interest that has lawfully accumulated.
  2. Jews may accept horses as pledges only openly and during daylight. If a stolen horse is found in a Jew’s possession, the Jew may clear himself by swearing that he received it openly during the day as security for money advanced and didn’t know that it had been stolen.
  3. Mint officials in our dominions shall not detain or arrest a Jew on an accusation involving counterfeit coins or other property unless they act under an order from us, our voivode or reputable citizens.
  4. If a Jew cries out for help at night because someone is attacking him or threatening violence and his Christian neighbors hear him but don’t come to his assistance, each neighboring Christian who failed to help shall pay a penalty of thirty shillings.
  5. Jews may freely buy and sell all kinds of merchandise. They may also handle bread and other provisions in the same manner as Christians. Anyone who prevents them from doing so shall pay a penalty to our voivode.

So that everything stated above shall remain permanently in force, we have given the Jews this document, confirmed by our seal and the names of the witnesses.

The witnesses are Count Archambold, Voivode of Kalisz; Count Szymon, Castellan of Gniezno; Count Jan of Kalisz; Count Maciej, Castellan of Ląd; Count Czechosław, Cupbearer of Kalisz and Count Dersław, Master of the Hunt of Ląd, together with numerous other barons of our land.

Done in the city of Kalisz on the day following the Assumption of the Blessed Virgin Mary, in the year of the Lord 1264, on the sixteenth day of August.

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