1. First. Should any
inhabitant of the town of Lublin wish to enter the Merchants’ Brotherhood
he must first of all take steps to be entered in the Books of the Sworn
Citizens of Lublin; and this in order that Strangers and travellers who do
not come under the Jurisdiction or bear the burdens of Lublin shall not be
able to interfere by their trade with the sworn citizens and ratepayers of
the town and those who bear the expenses of the Republic.
2. Second. He who wishes to
enter this Merchants’ Brotherhood must prove conclusively that he is a
sworn citizen. A stranger must pay for his entrance into the Brotherhood a
certain sum of money according to the opinion and discretion of the
Elders, having consideration for the wealth and substance of the
candidate, so that the richer ones may pay a larger and the poorer a
smaller sum of money into the Common Treasury, which must be kept for the
needs of the Brotherhood and not for any private uses.
3. Third. He who is
admitted into the Merchants’ Brotherhood must not engage in any craft. On
the contrary, if he have any craft whatever, he must leave it and declare
that he will not return thereto under pain of losing his membership. And
this Declaration must be written in the books of the Brotherhood.
4. Fourth; The members must
show all honour to two elder ones and two younger ones, of whom one shall
be elected from amongst the Catholic and the other from the Dissident
Members: and must, when summoned by the servant employed by the
Brotherhood, attend the Ordinary Meetings, which should take place at
least once a quarter, or, if great need arise, oftener than that. Both the
elder and younger members of the Brotherhood must respect other
Brotherhoods and treat them humanely, as neighbours and co-citizens.
5. Fifth. The Brethren must
attend the meetings announced and organised without making any excuses or
hesitating; and this under pain of paying one Polish zloty into the Common
Treasury. (Unless indeed they have some grave cause or impediment, or are
absent from the town at the time.)
6. Sixth. Every year,
before noon on the twenty-first day of the month of January, in the house
of one of the elder members, the Brethren, having met together for that
purpose; shall elect two Elders—one a Catholic and the other a
Dissident—and a Scrivener by means of writing their names on pieces of
paper, or so-called votes, in order to avoid any disputes or favouritism.
(The number of votes to be counted.) And if any one of those thus elected
should refuse to accept the Eldership and withdraw he rnust at once pay a
fine of thirty Polish zloty into the Common Treasury, without any demur
whatsoever. As soon as these Elders are elected all the Brethren must go
with him to the Lublin Town Hall and obtain the confirmation of their
election from the Magistrate. And these same Elders, having honestly taken
the oath at the Town Hall by holding up two fingers of their right hands
to Heaven—according to the prescribed formula—must be conducted to their
homes by some of their fellow-members.
7. Seventh. The Elders,
elected in the manner described above, having been confirmed by the
magistrate and having taken the oath, must take counsel together and fix a
day in the near future for a meeting of the Brethren, summoning them by
means of the Brethren’s servant. At this meeting they shall take away the
Chest, the Rights, Articles and Privileges given by Us, the money,
banners, ornaments, arms, muskets, and other things belonging to the
Brotherhood from the ex-elders and their two younger co-members. They
shall likewise go through the accounts of receipts and expenses and give
receipts for those things which they have taken away. We, however, make
one condition; and that is, that two younger members shall serve together
with the Elders, one to be chosen from among the Catholics and the other
from among the Dissidents: and each alternately shall have the Chest and
the key thereto; one year the Chest and the other the key of the Chest, so
that neither can the Dissidents make any claims upon the Catholics nor the
Catholics upon the Dissidents, or put forward any pretext about the
receipts and expenses. And the Brotherhood’s Priviledges, Charters and
Registers of Receipts and Expenses, besides all other necessaries, shall
be put into this Chest and locked up. And if, which God forbid, any loss
occur through the Elder’s carelessness, then the Brotherhood may make good
their loss from that Elder’s fortune.
9. Ninth. If it should
happen that one of the Elders or one of their younger helpers should be
obliged to leave the town and go some miles distant and stay away some
time, then he has the right to cede his office during that time, to
another Brother who shall be disposed to take it, and shall give him the
key of the Chest and shall authorise him to fulfil all the duties that may
arise—to the common good and the profit of the Brotherhood. If, on the
contrary, he fail to do so, he must pay the Brotherhood a fine of five
Polish marks. As soon as ever he returns he must take the accounts of
expenses—if any there be—from the Aforesaid Delegate.
10. Tenth. The Merchants’
tax, voted by the Free Diet and levied on the town of Lublin by the
Mandate of the Crown’s Under-Treasurer, has been assigned to the Merchants
of Lublin in accordance with the Charter issued on the occasion of Our
Happy Coronation in Cracow on the twelfth day of April in the year of Our
Lord one thousand six hundred and seventy six and must be fairly divided
amongst the Brethren by the Elders and their two younger helpers in the
presence of the Magistrate in a proportionate tax, so that neither the
rich merchants should be wronged nor the poor ones, who deal in small
goods, be oppressed. And this also applies to all other taxes levied by
the Republic and to private contributions voted for the town’s immediate
needs.
11. Eleventh. And whereas
the merchants and citizens of Lublin suffer great losses by reason of the
strangers who come and profit by the town without having the freedom
therefore or paying any taxes, therefore the inhabitants of Lublin shall
not dare to let or rent during the sitting of the High Court of Justice
any shops, cellars, stalls or other places for exhibiting and selling
goods by the ell or by weight to Strange People who are not citizens or
have not been received into the Lublin Brotherhood of Merchants. (Except
to any Wholesale Merchant, who has come to sell his goods to the Lublin
Merchants and does not retail them by the ell or by weight.)
12. Twelfth. We make this
Condition—in accordance with the Laws and Customs of other towns in our
Kingdom—that those Strangers who have not the Freedom of Lublin and are
not members of the Merchants’ Brotherhood shall not dare to bring any
merchandise whatsoever into Lublin either secretly or openly or to sell it
either by the ell or weight, secretly or openly. Nor shall they open shops
and carry on trade in the Nobles’ or the Clergy’s houses during the Fairs
or the Sittings of the Courts of Justice, because the town of Lublin and
its merchants are getting ruined by this practice. And if none of the
inhabitants nor Merchants of Lublin will want to buy the merchandise
brought into the town, in that case these strangers will be allowed to
take away this merchandise and sell it elsewhere. And this clause is in
accordance with the Constitution of the year one thousand six hundred and
seventy three, under the name of ‘the Town of Lublin,’ by which it is
stipulated that those Merchants who have not received the Freedom of the
City and have no real estate therein and yet continue to carry on their
trade shall enjoy no Protection nor Priveledges from the Well-born
Senators and Very-Powerful Dignitaries. And Our Protection and Priveledges
which were granted on insufficient information from the Crown Office we do
abolish with the fullness of Our Royal Power, and do declare all such as
are already and shall be granted to the detriment of the Merchants’
Brotherhood to be null and void. And We desire that the Very-Powerful
Marshall of the Tribunal who is now and will be in the future and the
Well-born Deputies should keep this clause in which Our will is so clearly
expressed to the aforesaid Lublin merchants, whole and intact. And We do
desire that this should observe the Special Priveledges granted by Us to
the Worthy Peter Gern, Our servant.
13. Thirteenth. Let none of
those inhabitants who are not entered on the Registers of the Brotherhood
dare to carry on trade by any means, secret or open, or under any Pretext,
with Strangers to the Prejudice of the Lublin Brotherhood or in order to
cheat the Revenues of the Republic; And in this We include the Laws and
Regulations as to Warehouses. And he who is found guilty of transgressing
against the above-mentioned clause shall be punished by the confiscation
of his wares, of which one half shall go to Our Treasury and the other to
the Lublin Brotherhood of Merchants. And no Court nor Tribunal is to annul
this, but rather, to enforce it.
14. Fourteenth. We order
that the keepers of the Municipal Wine-Cellars, who usually take one
Polish zloty per cask, should audit the accounts thereof once a quarter in
the presence of two Lublin Merchants, one a Catholic and the other a
Dissident, and in the presence of persons nominated by both parties in the
Magistracy.
15. Fifteenth. All
merchants shall participate in the costs and expenses in connection with
Commercial Priviledges and, having made up their accounts amongst
themselves, shall pay what they owe without demur and without appealling
to the Courts.
16. We do ordain, that the
taxes and burdens of the state, both public and private, shall, in the
future, be collected by sworn tax-gatherers, as is the custom in Cracow;
that the Merchants shall contribute towards no supplies levied by private
subscription (except to met some pressing municipal need) unless the
Collectors make up an efficient account in the presence of representatives
from both sides in the Magistracy and the merchants have received a signed
receipt in the Register: And the Register shall be put away in the
Archives.
17. It is Our wish that, as
the Lublin Merchants bear the burden of taxation in common with their
fellow citizens, the Election of their Elders should be confirmed by
Public Deed by the Magistrate, in the manner described above, in order
that, their Elections over, they may enjoy the good-will and respect of
the Town of Lublin.
18. Eighteenth. Likewise,
in order that the Merchants of Lublin may not be exploited when private
taxes are levied and rated too highly, We consider that two Elders
approved of the Magistrate of Lublin, one a Catholic and the other a
Dissident, having sworn to assess the tax faithfully, shall do so for the
other merchants, in the presence of the Magistrate.
19 Nineteenth. And since
both Parties in the Lublin Magistracy have promised and bound themselves
to entrust the Brotherhood of Merchants with the Laws touching the
Charters Concerning Lublin Markets and Warehouses, granted by Our Most
Illustrious Predecessors and approved of by Us on the occasion of Our
Happy Coronation; according to which Charter the Merchant Guilds have the
right to summon all who encroach upon their Priviledges in any court or
tribunal whatsoever; therefore We command the Magistrate of Lublin to
issue them a copy of their Submission, which is in the Registers of the
Magistracy dated the fourth feria following the solomn feast of the Most
Glorious Ressurection of Christ Our Lord in this same year one thousand
six hundred and eighty one.
20. Twentieth. The Elder
merchants who are elected for the year must collect and assess the Tax
that is levied on the town of Lublin by the Constitutional Vote from those
Lublin Merchants whose names are entered in the Registers, showing their
account of sums collected to the Assessors in the presence of the
Magistrate and putting the receipt for the same in the Municipal Archives.
21. Twenty-first. No
Merchant shall be distrained or have a seal put upon his shops, stalls and
cellars for non-payment of taxes, private or public, until judgement has
been obtained against him in the Tribunal.
22. Twenty-second. If at
any time, in spite of the Charter freeing them therefrom, the Hiberna
should be levied upon Lublin Merchants then it shall be levied upon
their real estate and not on their Merchandise (since the Hiberna must be
paid according to the amount of ground owned); and this in accordance with
the Custom observed in towns of the First Class, as We have ordained in
Our charter granted in Cracow on the occasion of Our Happy Coronation on
the twelfth day of April in the year of Our Lord one thousand six hundred
and seventy-six and sealed with the Royal Seal.
23. Twenty-third. And
whereas those perfidious people the Jews, screening themselves behind
various Protectors, do, for their profit, enter Our walled town of Lublin
during the Assizes with various sorts of merchandise and ruin the Lublin
merchants by plying their trade on Sundays and Catholic feast days (for
which reason the municipality of Lublin have already issued decrees):
therefore, having recourse to the Mandates and Charters issued to Our
Lublin merchants by Our Chancery against the Jews at the Grodno Diet, on
the second day of February 1679, We do add these clauses against the Jews
for the benefit of Lublin Merchants.
24. Twenty-fourth. That no
Jew should dare to rent or open any shops above-ground or in cellars, in
the Market Place of streets of Lublin (the Jews having their own separate
and the space under the Castle), or to sell therein any goods or wares
whatsoever, either by the pound, ell, or quart under pain of confiscation
of his merchandise one half of which he must give towards town repairs and
the other to the Lublin Merchants. And We forbid the inhabitants of Lublin
to prejudice the Merchants even under pretext of leases, or to let their
houses to Jews, under pain of a severe penalty.
25. Twenty-fifth. That no
Jew should dare to carry goods for sale, either in baskets or by any other
means, in the Market-Place or Streets of Lublin, or to go to houses with
these goods or to sell them at the town gates to people of the Equestrian
Order or to the Townsfolk (Except in their own town and Jewish streets).
And if any infringe this Clause and carry their goods to the town to sell
them to the inhabitants in their houses, then they must suffer the penalty
of confiscation. And We Command the Magistrate of Lublin to resume his
authority and expel the Jews from that part of the town which lies within
his jurisdiction.
26. Twenty-sixth. So called
Barysz Jews wander about the streets observing those who walk therein and
look into the shops of Lublin merchants—travellers for the most part and
People of the Equestrian Order—persuading them not to buy in the Christian
shops and taking them to their own Jewish shops. For this reasons, no
Barysnik shall stand about in the town of Lublin within the area of the
Municipal Jurisdiction. We impose a penalty of three months’ imprisonment
and thirty marks’ fine on every Barysnik who is convicted of so doing. And
of this fine We assign one half to the Court wherein he is tried and the
other for the Treasury of the Lublin Merchants’ Brotherhood.
27. Twenty-seventh. Let not
the Jews dare to spread their trade all over the town or undersell any of
the Lublin merchants in any branch of trade, because in every transaction
it is easier for the Jew whereas it should be easier for the Christian who
shall have the right to state his price, put down his money, and take the
merchandise away.
28. Twenty-eighth. No
member of the Brotherhood shall, either personally, or through some one
else, bring his brother merchants to ruin or spoil their trade, no matter
what it may be. Should such an one be found in the Brotherhood, the Elders
and their Colleagues must try him and, if they find him guilty punish him
according to his offence, with a pecuniary fine.
29. Twenty-ninth. No
craftsman, skilled or unskilled, shall ply his craft to the loss of his
trade and the detriment of the wares he has for sale.
30. Thirtieth. Let the
Brethren keep to and act according to their decisions under pain of fines
and should any one of them be injurious to the Brethren then he must be
punished with expulsion.
31. Thirty-first. They must
pay for a Holy Mass and Requiem to be held every quarter of the year in
the Cathedral Church of St Michael for the souls of their departed
Brethren at the expense of the whole Brotherhood For which Mass the Elders
must give three hundred Polish zloty per year from the Common Treasury.
32. Thirty-second. Neither
the Elders nor their colleagues shall be able to fix any subscriptions for
smaller needs nor impose fines nor settle expenses without the consent of
the Brethren present (The Brethren must be in the majority). But such
decisions must only be passed for the benefit of the Brotherhood and in
the presence of many Brethren at Public Meetings and gatherings, and then
the advice of the Elders should be listened to.