History of the Jews in Russia and Poland, Volume 1 [of 3]: From the Beginning until the Death of Alexander I (1825)Dubnow, Simon
History
History of the Jews in Russia and Poland, Volume 1 [of 3]: From the Beginning until the Death of Alexander I (1825)
Dubnow, Simon
Jews -- Poland -- History; Jews -- Russia -- History; Poland -- History; Russia -- History
The first clause of the charter prescribes that, when civil and criminal
cases are tried in court, the testimony of a Christian against a Jew is
to be accepted only if confirmed by the deposition of a Jewish witness.
The following clauses (§§2-7) determine the process of law in litigation
between Christians and Jews, involving primarily pawnbroking; the rules
prescribed there protect equally the interests of the Jewish creditor
and the Christian debtor. Lawsuits between Jew and Jew do not fall
within the jurisdiction of the general municipal courts, but are tried
either by the prince himself or by his lord lieutenant, the
voyevoda[26], or the special judge appointed by the latter (§8). The
Christian who has murdered or wounded a Jew answers for his crime before
the princely court: in the former case the culprit incurs "due
punishment," and his property is forfeit to the prince; in the latter
case he has to satisfy the plaintiff, and must in addition pay a fine
into the princely exchequer (§§9-10).
This is followed by a set of paragraphs which guarantee to the Jew the
inviolability of his person and property. They forbid annoying Jewish
merchants on the road, exacting from them higher customs duties than
from Christians, demolishing Jewish cemeteries, and attacking synagogues
or "schools" (§§12-15). In case of a nocturnal assault upon the home of
a Jew, the Christian neighbors are obliged to come to his rescue as soon
as they hear his cries; those who fail to respond are subject to a fine
(§36).
The rights and functions of the "Jewish judge,"[27] who is appointed to
try cases between Jew and Jew, sitting "in the neighborhood of the
synagogue or in some other place," are set forth elaborately (§§16-23).
The kidnaping of Jewish children with the view of baptizing them is
severely punished (§27). The charter further prohibits charging the Jews
with the use of Christian blood for ritual purposes, in view of the fact
that the groundlessness of such charges had been demonstrated by papal
bulls. Should nevertheless such charges be raised, they must be
corroborated by six witnesses, three Christians and three Jews. If the
charges are substantiated, the guilty Jew loses his life; otherwise the
same fate overtakes the Christian informer (§32). All these legal
safeguards were, in the words of the charter, to remain in force "for
all time."
The Polish lawgiver was evidently anxious to secure for the Jews such
conditions of life as might enable them to benefit the country by their
commercial activity, while enjoying liberty of conscience and living in
harmony with the non-Jewish population. Boleslav's enactment expresses,
not the individual will of the ruler, but the collective decision of the
highest dignitaries and the representatives of the estates, who, as is
pointed out in the document, had been previously consulted.
Public-domain text, read in full here on John Shaqi.
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