History of the Jews, Vol. 4 (of 6)Graetz, Heinrich
History
History of the Jews, Vol. 4 (of 6)
Graetz, Heinrich
Jews -- History
Either the king was misled by a false copy of the original charters,
or he desired to avail himself of the opportunity of enlarging their
scope without appearing to make fresh concessions; at all events, the
privileges accorded under the new statute were, in many respects, more
considerable than those formerly enjoyed by the Jews. Not alone did
it permit unrestricted trading and residence all over the then very
extensive kingdom of Poland, but it annulled canonical laws often laid
down by the popes, and only recently re-enacted by the general church
council of Basle. Casimir's charter mentioned that Jews and Christians
might bathe together, and in all respects enjoy free intercourse with
each other. It emphatically decreed that no Christian could summon
a Jew before an ecclesiastical tribunal, and that if a Jew was so
summoned, he need not appear. The palatines in their several provinces
were enjoined to see that the Jews were not molested by the clergy, and
generally to extend to them powerful protection. Furthermore, no Jew
might be accused of using Christian blood in the Passover ceremonies,
or of desecrating hosts, "Jews being innocent of such offenses, which
are repudiated by their religion." If a Christian charged an individual
Jew with using Christian blood, his accusation had to be supported
by native, trustworthy Jewish witnesses and four similarly qualified
Christian witnesses, and then the accused was to suffer for his
crime, and his co-religionists were not to be dragged into it. In the
event, however, of the Christian accuser not being in a position to
substantiate his charge by credible testimony, he was to be punished
with death. This was a check on ever-recurring calumny with its train
of massacres of Jews. Casimir also recognized the judicial autonomy of
the Jewish community. In criminal cases between Jews, or between Jews
and Christians, the ordinary tribunals were not to interfere, but the
palatine, or his representative, assisted by Jews, was to adjudicate.
In minor law-suits the decision was to rest with the Jewish elders
(rabbis), who were permitted to inflict a fine of six marks in cases
where their summonses were not obeyed. To keep the authority of the
Jewish courts within reasonable bounds, Casimir's charter enacted that
the ban should be pronounced on a Jew only with the concurrence of the
entire community. Truly, in no part of Christian Europe were the Jews
possessed of such important privileges. They were renewed and issued
by the king with the assent of the Polish magnates. Also the Karaite
communities of Troki, Luzk, etc., received from Casimir a renewal and
confirmation of the privileges granted them by the Lithuanian Duke
Witold in the thirteenth century.
Public-domain text, read in full here on John Shaqi.
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