The position of the Jew in the Middle Age was a peculiar one. The law of the state did not in any way recognize him as a citizen. But he was classed along with the right to coin money, levy tolls, appoint officials, administer justice, etc., as a regale, or a crown right; that is, his existence in Germany depended on the will of the king. As no mint could be established without the king’s consent, so no Jews could live anywhere in the realm without the king’s permission. The city which wished to permit Jews to live within its walls had first to secure the permission of the king. The Jews were made to pay well for the bare right to exist. They were subject to the king’s taxation and hence were said to belong to the king’s treasury. In theory they were under the king’s protection, but that did not preserve them from mob violence. This document shows that while their position was anomalous, they nevertheless received liberal charters from the king.

In the name of the holy and undivided Trinity. Frederick, by the grace of God emperor of the Romans, Augustus. Be it known to all bishops, abbots, dukes, counts, and all others subject to our laws, that we have confirmed by our royal authority, expressed in the present law, the statutes in favor of the Jews of Worms and their fellow-religionists which were granted to them by our predecessor emperor Henry, in the time of Solomon, rabbi of the Jews.

  1. In order that they may always look to us for justice, we command by our royal authority that no bishop or his official, and no count, Schultheiss, or other official except those whom they choose from among their own number, shall exercise any authority over them. The only official who may exercise such authority is the man whom the emperor puts over them in accordance with their choice, because they are entirely under the control of our treasury.
  2. No one shall take from them any property which they hold by hereditary right, such as building sites, gardens, vineyards, fields, slaves, or any other movable or immovable property. No one shall interfere with their right to erect buildings against the walls of the city, on the inside or outside. If anyone molests them contrary to our edict he shall forfeit our grace and shall restore twofold whatever he took from them.
  3. They shall have free right to change money with all men anywhere in the city except at the mint or where the officials of the mint have established places for changing money.
  4. They shall travel in peace and security throughout the whole kingdom for the purpose of buying and selling and carrying on trade and business. No one shall exact any toll from them or require them to pay any other public or private tax.
  5. Guests may not quarter themselves on the Jews against their will. No one shall seize one of their horses for the journey of the king or the bishop, or for the royal expedition.
  6. If any stolen property is found in the possession of a Jew, and he says that he bought it, he shall say under oath according to Jewish law how much he paid for it, and he shall restore it to its owner on receipt of that amount.
  7. No one shall baptize the children of Jews against their will. If anyone captures or seizes a Jew and baptizes him by force, he shall pay twelve pounds of gold to the royal treasury. If a Jew expresses a wish to be baptized, he shall be made to wait three days, in order to discover whether he abandons his own law because of his belief in Christianity, or because of illegal pressure; and if he thus relinquishes his law, he shall also relinquish his right to inheritance.
  8. No one shall entice away from them any of their pagan slaves under pretext of baptizing them into the Christian faith. If anyone does this, he shall pay the ban, that is, three pounds of gold, and shall restore the slave to his owner; the slave shall obey all the commands of his owner, except those that are contrary to his Christian faith.
  9. Jews may have Christian maid-servants and nurses, and may employ Christian men to work for them, except on feast days and Sundays; no bishop or other clergyman shall forbid this.
  10. No Jew may own a Christian slave.
  11. If a Jew brings suit against a Christian or a Christian against a Jew, each party shall follow the process of his own law as far as possible. The Jew has the same right as the Christian to prove his case and to release his sureties by his oath and the oath of another person of either law [i.e., Christian or Jew].
  12. No one may force a Jew to undergo the ordeal of hot iron, hot water, or cold water, or have him beaten with rods or thrown into prison, but he shall be tried according to his own law after forty days. In a case between a Christian and a Jew, the defendant cannot be convicted except by the testimony of both Christians and Jews. If a Jew appeals to the royal court in any case, he must be given time to present his case there. If anyone molests a Jew contrary to this edict, he shall pay the imperial ban of three pounds to the emperor.
  13. If anyone takes part in a plan or plot to kill a Jew, both the slayer and his accomplice shall pay twelve pounds of gold to the royal treasury. If he wounds him without killing him, he shall pay one pound. If it is a serf who has wounded or slain the Jew, the lord of the serf shall either pay the fine or surrender the serf to punishment. If the serf is too poor to pay the fine, he shall suffer the penalty which was visited upon the serf who in the time of our predecessor, emperor Henry, slew the Jew named Vivus; namely, his eyes shall be torn out and his right hand cut off.
  14. If the Jews have any suit or any matter to be settled among themselves, it shall be tried by their peers and by no others. If any Jew refuses to tell the truth in any case which arises among the Jews, he shall be forced to confess the truth by his own rabbi. But if a Jew has been accused of a serious crime, he shall be allowed to appeal to the emperor, if he wishes to.
  15. Besides their wine, they shall have the right to sell spices and medicines to the Christians. As we have commanded, no one may force them to furnish horses for the expedition of the emperor, or to pay any other public or private tax.

300. The Bishop of Speyer Gives the Jews of His City a Charter, 1084.

Altmann und Bernheim, no. 66.

As the king granted the princes the right to coin money and other regalian rights, so he also gave them the permission to establish Jews in their territories or cities. This charter which the bishop of Speyer gave the Jews of his city, presents some interesting details concerning their quarter in the city, their way of living, occupations, etc.

  1. In the name of the holy and undivided Trinity. I, Rudeger, by cognomen Huozman, humble bishop of Speyer, when I wished to make a city of my village of Speyer, thought that it would greatly add to its honor if I should establish some Jews in it. I have therefore collected some Jews and located them in a place apart from the dwellings and association of the other inhabitants of the city; and that they may be protected from the attacks and violence of the mob, I have surrounded their quarter with a wall. The land for their dwellings I had acquired in a legal way; for the hill [on which they are to live] I secured partly by purchase and partly by trade, and the valley [which I have given them] I received as a gift from the heirs who possessed it. I have given them this hill and valley on condition that they pay every year three and one-half pounds of money coined in the mint of Speyer, for the use of the brothers [monks of some monastery which is not named here].
  2. I have given them the free right of changing gold and silver coins and of buying and selling everything they wish within their own walls and outside the gate clear up to the boat-landing [on the Rhine] and also on the wharf itself. And they have the same right throughout the whole city.
  3. Besides, I have given them a piece of the land of the church as a burial-ground. This land they shall hold forever.
  4. I have also granted that, if a Jew comes to them from some other place and is their guest for a time, he shall pay no tolls [to the city].
  5. The chief priest of their synagogue shall have the same position and authority among them as the mayor of the city has among the citizens. He shall judge all the cases which arise among them or against them. If he is not able to decide any case it shall be taken before the bishop or his chamberlain.
  6. They are bound to watch, guard, and defend only their own walls, in which work their servants may assist them.
  7. They may hire Christian nurses and Christian servants.
  8. The meats which their law forbids them to eat they may sell to Christians, and the Christians may buy them.
  9. To add to my kindness to them I grant them the most favorable laws and conditions that the Jews have in any city of the German kingdom....

301–325. The Cities of Germany.

In the days of Karl the Great each city with the surrounding territory formed a county which was under the jurisdiction of a count. As feudalism developed, the count became the lord of the city, and governed it in a more or less autocratic way. Besides these cities there were many villages in the time of Karl which in the course of time grew into cities. Later, still other cities, arose, some growing up around markets, or monasteries, or churches, and others developing from settlements of colonists, etc. They grew under favorable circumstances into cities, over which, however, the lord still retained his control. But in the course of time the cities freed themselves from the jurisdiction of their lord and separated themselves from the surrounding territory. They acquired a set of laws for their government, and jurisdiction over themselves. The citizens of each city became a commune possessing a number of rights, among them the right to have a market, freedom from tolls, the election of their own officials, judges, etc., the right to levy their own taxes, to coin money, to fortify their city, etc. In a word, each city freed itself from the government of its lord and got the right to govern itself.

The city charter was, in many cases at least, developed from the market charter. On this account we give a few market charters. Then a few documents are given to illustrate the rebellion of the cities against their lords, and their acquisition of municipal rights. We offer the important charter of Magdeburg, and some documents concerning the origin of the Rhine league and the early history of the Hanseatic league.