Introduction
The 1638 founding document of the Kahal Kadosh Talmud Tora of Amsterdam is well known as a “merger agreement” that brought three existing congregations together into one synagogue under one leadership council (Mahamad). It bears the signatures of 218 householding men of the Spanish and Portuguese Jewish nation in Amsterdam, signifying their agreement to subject themselves to the authority of the new leadership. It is also well known that this document, along with the set of communal regulations drawn up later that year, granted nearly unfettered authority to the Mahamad. Looking at these two documents along with an earlier one that established an umbrella government over the three congregations (1622) and later references to them, there emerges a more nuanced view of how these they functioned—both as political texts and as documents in a working archive.
Text 1 has been published in Portuguese in Wilhelmina C. Pieterse, Daniel Levi de Barrios als Geschiedschrijver van de Portugees-Israelietische Gemeente te Amsterdam in Zijn “Triumpho del Govierno Popular” (Amsterdam: Scheltema & Holkema, 1968), 155-67; but never in its totality in translation. Wiznitzer (see below) published an English paraphrase. Texts 2 and 3 have not been published to my knowledge, aside from short excerpts.
Further reading:
Arnold Wiznitzer, “The Merger Agreement and Regulations of Congregation Talmud Torah of Amsterdam (1638-39)” Historica Judaica 20 (1958): 109-132.
Daniel Swetschinski, Reluctant Cosmopolitans: The Portuguese Jews of Seventeenth-Century Amsterdam (Oxford and Portland: Littman, 2000), 165-187.
Yosef Kaplan, “The Social Functions of the Herem,” in Alternative Path to Modernity (Leiden: Brill, 2000), 108-142.
Source 1 Translation
Archives of the Spanish and Portuguese Jewish Community of Amsterdam, Gemeente Archief Amsterdam 334.19.1, ff. 77-88
Text 1 is the “merger agreement” signed on April 3, 1639. Of the three, it is the most formally presented, as the first document in a book called the Livro dos acordos, created for the purpose of recording the Mahamad’s regulatory decisions. I suggest that it functions as a constitution.
5398
In the name of blessed god
The gentlemen deputies, having seen the paper that Senhor Hakham Rabbi David Pardo presented to them, signed by the nation approving the union of the congregations, giving them authority for this, they, with suitable meetings, to find hte most suitable means to effect the approval of this union, with the condition that everything they treat and resolve must be by a vote of them all among whom they will deal equally; and in agreement that the six deputies currently serving would choose one additional person from each kahal, so that their votes will be equal with the rest, and the resolved will be by all nine, then approv approved the following conditions:
First, that the congregation that is not Bet Israel must serve as the general congregation and will be given an appropriate name
Second, that since it is necessary to enlarge said congregation and it seems necessary to consult with some gentlemen of the magistracy, they choose [from] the gentlemen Abraham Salom, David Ozorio, and Jesuah Jesurum Roiz to discuss it with them and these gentlemen will be called no later than the 28th of this month
[Signed:]
Selemo [Assan?] Josseph Cohen Aaron Coen
Abraham Abuab Matatiah Aboab Josef Abeniacar
On the 28th of Elul the gentlemen deputies came together with the three gentlemen elected to discuss the above matters and agreed to follow the way that seemed good to them; and the gentlemen deputies agreed…that the gentlemen who at serve at present on the Mahamad of Neve Shalom shall continue with their charge and that they will not elect a new Mahamad until the necessary people do it [?] to announce for the good government of the nation in the general assembly. They did it here in writing without signatures nor putting their names in the chest that was put in each one of the kehilot k
[Same six signatures]
In furtherance of such meritorious work, hoping that it will be agreeable to the blessed God and that from it will result other fruits of his service and augmentation of his holy law, the Senhores Deputies met a number of times, to discuss these matters and decide on the points that were offered, with hope and desire for them to be confirmed. In all, the following conditions were agreed upon:
Article 1
Firstly, in unanimous agreement we resolve and order that all of the property owned at present by the three holy congregations (keilot K), Bet Jacob, Neve Shalom, and Bet Israel, will be common, and from all (there will be) one, without division or any separation. Nevertheless, in this book where these agreements of unification are written, an inventory will be made of the property of each one of the congregations (congregaconis) separately, so that we will know what belonged to each one in case we should ever be compelled to leave this land, may God prevent it.
Article 2
That only one single congregation will be made in this city of Amsterdam, into which will be gathered and reconciled all three of the present ones, and that with all the punishments or bans (pennas o Heremse) that are appropriate, following the style of Venice, it is prescribed that at no time may there be in this city or in its district any [other] congregation, nor may people who are separated or who desire to separate themselves from the congregation meet together to pray in a minyan, with the exception of those who pray in the houses of newlyweds or mourners, or those who in other respects remain subjects and continue in the congregation, and for whom it is necessary to pray together one or more times; and those who are separated from the congregation who desire to meet with a minyan will be understood as going against this Article and they will be proceeded against with all the appropriate punishments and rigor for what they committed, and will be placed under the ban [porpostos em Kerem] and separated from the nation [apartados da naçaõ]
Article 3
That this congregation is for Jews of the Portuguese and Spanish nation who are at present in this city and who newly arrive here, and that any Jewish people who come here from any other nations may be admitted if the reason seems good to the Mahamad at the time.
Article 4
For the administration and government of the community (Kaal) and nation the present 15 of the three Mahamadot will elect a Mahamad of 7 well-deserving people, zealous and God-fearing, of which there will be six parnassim and one gabay…and these six parnassim and one gabay will sit on a bench made for this purpose when everyone is together.
Article 5
Said Mahamad will then give orders, so that from the Ascamot of the 3 congregations (congregaconis) and of the imposta they will choose as they see fit, reducing some and increasing the ones that seem better to them, so that the community (hahal) and nation are to be governed by them [the ascamot]
Article 6
After the first Mahamad of 7 is elected by the 15, it will proceed in this manner, that every half year they will elect a new Mahamad to succeed them and this way each Mahamad in turn will elect the next, and all of the elections must be carried out according to the resolved practices, and done by box and ballet with five out of seven votes. And all of them must consent and sign with the majority, that which is decided by the five votes, without any opposition or contradiction
Article 7
The first election…will be published on Shabbat Hagadol; the six names will be written on six slips of paper etc. [pulled at random to determine the order of their service as chairman]
Article 8
So that there will always be on the Mahamad people of experience and those who can explain past matters, and so that the elections will also follow the timing of being announced on Shabbat ha-Gadol and on Rosh ha-Shanah: the three first parnassim serve their six months with the rest of the six colleagues of the mahamad, and on the eve of Rosh ha-Shanah after receiving the payment of six months of imposta tax, in the same manner as said above they will choose by announcing from the tevah on the day of Rosh ha-Shanah three other parnassim that in their place will be colleagues with the rest…
Article 9
The parnassim will sit in the order in which their names are pulled…
Article 10
No one of any quality may be elected to serve on the Mahamad until he has [lived] in Judaism for at least 3 whole years; nor may anyone return who has already served on said Mahamad until at least 3 years have passed since his service.
Article 11
All cases treated by the Mahamad must be resolved according to five votes out of seven, and if a case arises that requires a secret ballot, it will be done in the same way. …
Article 12
The Mahamad will have authority and superiority over everything, and no person or persons may go against the resolutions taken by said Mahamad, nor sign or publish papers to oppose them, and those who do so incur the punishment of the herem; because it is finally ordered and understood that the Mahamad must be supreme in the government of the nation, the community, and its dependencies, with the hope/expectation that those who govern will always arrange affairs with great consideration, without passion, and with zeal and fear of God; therefore each Mahamad that is elected will take an oath at the beginning of their service in front of the outgoing Mahamad, with the doors of the ark open, promising to serve in their position with truth and justice and to fear God without self-interest or spiteful damage…
Article 13
First of all the Mahamad must assign places [i.e., seats in synagogue] to the men with the most possible equanimity, and in all future times the current Mahamad will give places to those who newly arrive wherever they see fit… And they will not assign places to the women because each one must sit in a seat that is empty when she is in the congregation
Article 14
In order to aid the disposition of the Kahal and nation without selfishness and with fear of God the first Mahamad will make a general finta for a period of one year, assessing individual heads of households (yahidim cabeças de cazas) in a way that they will establish, and which will be resolved and verified, and irrevocably executed, over which they may proceed with all punishments and rigor that seem good to them, insofar as the Kahal gives them full authority and power, submitting itself to obey it. And this finta will be paid in two payments…
Article 15
Regarding the imposta and its payments, affairs will continue as they have been up to now and the Ascamah with the same punishments and enforcement [penalties and powers] that it had up to now…
Article 16
In a case where some yahid secedes from the congregation for personal interest, it not being a matter that about which the law confirms that it necessary to proceed against him, or for a debt that he owes or other financial matters, the Mahamad will try to reconcile him with the congregation (congrega) gently and mildly, and if this does not work they will not proceed rigorously against him, except to make him pay what he owes to the finta of that year. Even if he left in the beginning of it, in order that it be reimbursed, the Mahamad will proceed against him until he gives entire satisfaction.
Article 17
All of the officials that serve at present in the 3 congregations (congregaconis) must be admitted with salaried positions…
Article 18
There will be a bench on which will sit the salaried Hakhamim, in the first place the Hakham Saul Levy Morteira, next to him the Hakham David Pardo, then the Hakham Menasseh ben Israel, and next the Hakham Isaac Aboab.
Article 19
There will be sermons every Shabbat and every festival that the Mahamad sees fit, of which the Hakham Saul Levy Morteira must do three in a row and the Hakham Menasseh ben Israel the fourth and this way it will continue successively, and any others who want to preach will request permission from the Mahamad if they agree they will give 8 days notice to the Hakham who is supposed to preach to save him the work, and also the Mahamad will order them to announce from the teva whatever dinim they see fit.
Article 20
All of the dinim that arise and require resolution will be viewed and verified when the salaried Hakhamim are ordered to study them, following a majority vote, and in case of equal votes they will be heard by the Mahamad, in front of whom it will be resolved, said Mahamad taking information from each party as they see fit, and this way a determination will be made. And if some of the Hakhamim say, sustain, or write anything in opposition to that which is resolved, with two witnesses to condemn him, he will removed from his salaried position in the congregation and will never again be readmitted to that position.
Article 21
The Mahamad will elect six parnassim to serve in Talmud Torah, who, in company with said Mahamad, will compose Ascamot, by which it will be governed.
Article 22
[A list of the paid positions in Talmud Torah and their salaries]
Articles 23-29
[Regarding the assignment of aliyot on regular days, on holidays, for special honors such as for bridegrooms, bridegrooms of the law, fathers of newborn sons, those who newly arrive or are circumcised; what to do when someone is sick or out of the country, etc.]
Article 30
For the administration of the Hevrah de Bikur Holim the Mahamad will elect six parnassim that have to accept this service, and all together they will compose Ascamot by which to administer it…
Article 31
[Regarding the amount parnassim may spend on sending a meal to mourners]
Article 32
The poor who will be admitted to the charity rolls will be people of good life and habit, and will be admitted by box-and-balls…
Article 33
Any Jew who has a dispute or issue with his colleague over property (not including letters of exchange and arestos in which the delay could cause harm) will be obligated to request, via the shamash (beadle), arbitration by the Mahamad, before whom both will have to appear, and said Mahamad will name arbitration judges, before whom they will present their case and give their reasons, in order to make it possible to bring them into agreement within s[ix] days; and if the parties do not consent to what the arbiters give them, or if the arbiters are unable to bring them into agreement, the parties will be free to seek and defend their justice wherever they desire and wherever seems good to them; and if it happens that someone calls his colleague before the court without diligently following the procedure, suitable actions will be taken against him.
Article 34
If the Mahamad treats any case of any quality in which a party is related to a member of the Mahamad up to the fourth degree, whether by blood or by affinity…[they will choose a past member of the Mahamad to stand in for him]
Article 35
[Regarding the ashkavah prayer]
Article 36
[Ets Haim, which is now part of Bet Jacob, will continue as it is, administered by the parnassim of Talmud Torah]
Article 37
[Regarding sending money for the holy land and to redeem captives]
Article 38
That the Mahamad may not spend more each year than is received from the Kahal and imposta and this rule must be followed inviolably
Article 39
That the Hazan will not call to the Torah or give a misheberach to anyone with a title without instruction from the Mahamad; and if he does he will pay a penalty of 3 florins for each time with no remission
Article 40
[Regarding the shofar]
Article 41
[That the debts/offerings of the three congregations will continue to be paid]
Article 42
These agreements must be observed thusly and in the manner indicated in their 41 articles, because under them, we have and will have a unified nation. If at any time the Mahamad sees fit to remove one of them, it may not do so without the six that made them unanimously now, or of those who at that time will be in place, calling others in place of the deceased from the same congregation or congregations from which the deceased came; and whatever the said six resolve in agreement will follow, so that all will be for the glory and praise of the blessed God we serve, conserve us in the augmentation of his holy law for all good.
[six signatures]
On the 29th of Heshvan, meeting together, the Lords deputies agreed that the 42 articles of the agreements of the unification of the nation should be promulgated from the tevas of the three congregations, in virtue of which they were promulgated on Shabbat 6 Kislev. Being approved by all the people, with the sole proviso that Chapter 25 which treats the order of calling people to the Torah should be emended, which was admitted and approved by said Lords deputies who unanimously agree that it should be done in the following manner, that is, that there should be only 3 drawers, in the first of which would be entered all married men etc etc…
[All who consent] should sign here on the following pages, heads of households of the whole nation, accepting the agreements as they appear in these 42 articles, on 28 Veadar, 5399
[3 pages of signatures]
Source 2 Translation
Archives of the Spanish and Portuguese Jewish Community of Amsterdam, Gemeente Archief Amsterdam 334.19.1, 106-112
TEXT 2 is the first set of regulations put in place by the new Mahamad, the result of culling and combining the communal regulations of the three former congregations.
Haskamot by which shall be governed
The K.K. of Talmud Torah of Amsterdam, may God protect it, copied and chosen from all of those that there were in the nation. Newly revised, with some additions, and approved by the Lords of the Mahamad that were elected this year. In conformity with what was ordered in Article 5 of the new Acordos of the nation. Which were made with great vigor [?]. And the same for the Haskamot regarding the payment of the imposta, may it all be in service to and praise of the blessed God. Amen.
1 That the Mahamad has authority and superiority over everything. No person may go against the resolutions that said Mahamad takes and promulgates; nor sign papers to oppose it; and those who do will incur the punishment of the Herem because it is ordered that the Mahamad that serves in each year must be supreme in the government of the Kahal and the nation, and its dependencies. And it can condemn those who disobey with penalties as they see fit, making them request public forgiveness on the teva. The Mahamad, or any member of it who is in the synagogue at the time, if he deems it necessary to make sure that there will be no differences between parties, may also order someone out of the synagogue, subdue, or quiet, even up to the penalty of the herem, any person or persons of this kahal. Or that he not go outside of his house until he is instructed. And in all this, a father may not take the part of a son, nor a son the part of a father, nor a relative the part of a relative. Above all they will try to obey and accept the order of the Mahamad because this is for the good government, peace, and quiet of this K.K. may God bless it.
2 That in one Mahamad a father and son cannot both be elected…
3 That none of the seven elected to serve on the Mahamad each year may for any reason refuse the position…
4 That the Mahamad will meet every Sunday at a time mandated by the parnas currently presiding…
5 That if the Mahamad is treating a case in which one of the 7 does not wish to cast his vote openly, he may request that voting be carried out by hidden ballot…
6 That the Mahamad will set the hours at which to start praying, according to the times of the year
7 That the Mahamad will take an oath on a Bible to keep inviolably secret the elections and all circumstances surrounding them
8 That on Shabbat Hagadol before announcing the new Mahamad, the gabay will read from the teva the total income…
9 That the Senhores of the Mahamad who finish serving their time will return to sit in the seats they had previously held
10 That the Mahamad will be obliged to give to the newly elected Senhores, after Passover, an accounting of all the effects…
11 That because of the scarcity of the first levy of the finta…
12 That on the Sabbath preceding each of the three pascoas [shalosh
regalim?]…for the poor…
13 That fundraising for the holy land will be done on…
14 That on Purim…[gifts for the poor]
15 That on the eve of Rosh Hashanah the Mahamad will elect a Hatan Torah…
16 That there will not be festas or enigmas [plays] in the synagogue on Simchat Torah, nor any other time
…
19 [No one may raise his voice against another in synagogue, or on the way to synagogue; no one may raise his hand against another in synagogue or on the way to synagogue; no one may bring a weapon to synagogue; if a young man has a disagreement with non-Jews and feels he needs to carry a weapon for his self- defense he should request permission from the Mahamad; otherwise the punishment is herem]
20 That no one may stand up in the congregation in public with a loud voice in order to advise, approve, or reprove what has been ordered and commanded. Except for a person of the Mahamad to support what has been commanded. That the rest may not publicly go against that which said Mahamad orders. And whoever deems it necessary to discuss something should come alone and in secret to the parnas that [he chooses?]…in order to avoid causing disputes and upset.
21 As we know in order to avoid inconveniences it has been agreed that the Senhores Hakhamim will be called to the Torah without titles of Hakham, Morenu, or Rav. It is [now] ordered that if some Hakhamim come from abroad, no matter how well-known their status and authority are, they will be called to the Torah with no title, and the same for any other person of any quality. Because [we deem it?] the best practice for avoiding all kinds of inconveniences that otherwise arise. Nor will the Hazan give them such titles in the misheberach, but for the deceased in the ashkavah it is permitted; and also if in some written letters or books said Senhores Hakhamim are discussed, or in experience that we have had with them [?], they will be given the title of Hakham with all due courtesy and respect.
22 That no broker from our congregation may speak of or deal with business matters, neither before nor after prayer, with a penalty of 3 florins
…
24 It is not permitted for those who pray in Hebrew to raise their voices so high that the voice of the Hazan cannot be heard clearly by the whole kahal, so that those who are farthest from him may know where they are in the prayer.
25 That no one should talk [?] during the time of prayer, nor at the time of the praying [reading? chanting?] of the Torah, nor go out when the law has been raised [i.e., when the Torah scroll is open?]. Because the mitzvah is not only to see the law, but it is also important to hear it chanted. It also causes great confusion when someone is not in the synagogue when his name is pulled to be called to the Torah. So it is recommended that…
26 That no one may remain standing in his place in synagogue except at those times when the whole [kahal] is standing, in order not to be an obstruction and impediment to the other yehidim, his neighbors. And if someone, out of devotion, wants to stand on the day of Kippur or another [day] he can move to a spot away from the others, that the Mahamad will assign
27 That no one will be assigned to say the prayer of minchah or aravit without the permission of the Mahamad, or of the member of the Mahamad who is in the synagogue…
28 That no one may give his seat in the synagogue to, nor sit with, any foreigner who is newly arrived, for more than one day. He should tell the Mahamad or the Parnas who presides, in order to accommodate him. And the Mahamad may move someone from one seat to another in the synagogue for better arrangement and good order, without any contradiction
29 That no Hevrah may publish, order, or command anything in the synagogue without express permission of the Mahamad of this kahal.
-
30 [3 boxes for tzedakah]
-
31 That no one may beg for alms…
…
34 That no broker, licensed or unlicensed, should call any of his brothers to City Hall in connection with their corrections. Instead they should go before the Mahamad. And otherwise they will pay 12 florins to the charity fund, and they will not be admitted to the synagogue until they pay…
35, 36 meat
37 That no Jew may print, in this city or outside of it, books in Ladino or in Hebrew, without express permission from the Mahamad, in order that they may be reviewed and emended. Those who violate this order will lose all the permissions they had already received, for tzedakah.
38 That no one may dispute or argue with non-Jews in matters of religion…because it may disturb the freedom that we enjoy, and make us unpopular for something that is not part of the law, nor our obligation. …
39 That they not circumcise any person who is not of our Hebrew nation without permission of the Mahamad, under penalty of herem. And the Mahamad cannot give permission to circumcise anyone except Portuguese and Spaniards. And those who [hear of?] violations are obligated to report them to the Mahamad, under the same penalty.
40 That no one, under penalty of herem, speaks for himself or for others in these States to anyone, in the came of the nation or its common affairs, except said Senhores of the Mahamad or whomever they order to do so for convenience.
41 That non-Jewish girls should not carry meat from the market, nor butchered chickens, unless a Jewish person comes along. This is an obligation and very necessary for good Judaism.
42 gambling
43 That no one may make pamphlets or defamatory papers. And if a foreigner does it, or if he has it done by others. He will be placed in herem and separated from the nation with all the curses of our holy law. He will be called a disturber of the nation because he commits a crime against the most holy law and against his neighbor. And he will be rigorously punished by through the arbitrarion of the Senhores of the Mahamad.
44 That no one of any quality may visit the house of a new mother until 15 days have passed, unless he is called. …
45 That if the senhores of justice capture a Jew for […bad stuff…] the nation can [not??] aid in freeing someone who dares to do such things. A firm resolution has been taken that the time and money of the nation will not be wasted on them. Nor will the Senhores of the Mahamad aid in freeing him, but will agree that he be punished by the justice according to his crimes for the example of others. And this way the [sin??] will be removed from us, and the people of the Lord will be free.
46 That neither herems nor punishments of berachah will be imposed over differences between us Jews and non-Jews. Both in matters of property and in fights and arguments.
47 That no person may give a get, nor write one, without the express permission and order of the Senhores of the Mahamad. And this is commanded under penalty of herem. Those who witness one also incur the same punishment, for aiding in it, in order to avoid many inconveniences.
…
49 That no one may buy in this land nor order from afar…coins that have been banned and prohibited by the Senhroes. Nor may anyone sell property to receive them, in payment of such money conditionally. [?] And this under penalty of herem.
50 Nor may there be any buyers of ?, in order to ? to give them to the poor, under penalty of berachah
51 That there may not be any accompaniment of newlyweds or mourners, to avoid oaccasions that can occur in large processions, where we are noted by the inhabitants of the land
…
53 That the main sermons of the year [will be preached only by our own Hakhamim, and not foreign ones]. And no young man under 25 years old may preach unless he is married. Those younger than that may preach in afternoons with permission from the Mahamad, and their sermons will be reviewed by a Hakham, his teacher, to see if anything needs correction.
54 That in the prayers on Rosh Hashanah and Yom Kippur, two of the salaried hakhamim will accompany the Hazan on the teva, alternating (?), as the Senhores of the Mahamad order.
55 That if the need arises in the future to add to or subtract from these Ascamot, the Senhores of the Mahamad that are serving at the time may do so. Understanding, of course, that it may not go against the Novos Acordos da Naçaõ, because those will remain always in place.
56 That the the gabay will read these Ascamot in a loud voice from the teva at the beginning of the term of service of each new Mahamad, so that they come to the attention of those who are newly arrived. And to refresh the memories of those who already lived in the land. So that each one knows the obligations that he must observe, and not commit errors, nor incur penalties inadvertently. Because this way, we better conserve ourselves in peace and harmony in service to the lord, may he permit us, with love and fear of him in our hearts, to better serve him and praise him
Copy of the existing Ascamah regarding the payment of the imposta
That every person must pay the first imposta before the eve of Shabbat ha-Gadol and the second before the eve of Rosh ha-Shanah. And if anyone does not do it within these limited times will be excluded from the synagogue. And each Mahamad will be obligated to have this order carried out. And …the payment of its/his house in the same limited periods so that the election of the new officials can be done. And in case there is a person or persons who would rebel, it is ordered on pain of Herem that no person may join him for a minyan nor pray in a congregation outside of ours. And he will not be admitted to the synagogue, even after having paid, as it is is constituted that he will have been expelled from it for this case.
These abovementioned Ascamot were signed by the Senhores of the Mahamad unanimously on the 28th of Av, in the year 5399.
Source 3 Translation
Archives of the Spanish and Portuguese Jewish Community of Amsterdam, Gemeente Archief Amsterdam 334.13
TEXT 3 is a 1622 document establishing an intercongregational imposta (tax) and empowering a board of lay leaders to administer it. It also grants that board other powers and describes the umbrella structure in such a way that I suggest it should be understood as establishing a confederation. In the interest of brevity I have translated only certain articles here, indicating the subjects of the ones I omitted.
In the name of the blessed God
In Amsterdam the 24th of Shevat 5382 which is 4 February [1622]
The Senhores of the Mahamadot of the three kehilot kedoshot of this city, having met together to discuss affairs that are common and necessary for the nation and its conservation, agreed that since the Lord did us the favor of uniting us with such a general peace, may his mercy augment it, for better holy service, an imposta [tax] would be made in the form declared below (as is the custom in many places), because the income would go toward the common good and general benefit of the nation, and we can better conserve it, for the greater glory and praise of our lord. That is:
1 That all the property that from today forward comes to this city, whether foreign or domestic, they will be pay one douto per pound of goods…
6 …Those brokers, licensed or unlicensed, who make…per year will pay…because no one will be exempted from a thing that is so necessary and so facilitates the common good. It is ordered that no licensed broker, on his own or through others, will accuse those who are not… It will be prohibited to the whole nation…under penalty of Berachah, nor will he be admitted to the synagogues without first paying for the damage that he caused to the accused, plus 50 florins more to this imposta.
9 [Again the berachah is invoked for nonpayment]
10 To administer the collection of this imposta there will be 2 deputies from each kahal to serve on a Mahamad, who seem sufficient for the position. That is, the past Mahamadot will elect in each kahal two who from those who presently serve…and the current Mahamadot will name which two of the newly elected are to serve in this position at the time of their election; together with the election of the Mahamad they will be announced from the teva and this is how it will go every year.
11 There will be a chest with three different keys…
12 There will be a book of rules and agreements that are made, in which this agreement will be written, and in addition to the accounts of the imposta, which will also be written in the hand of each deputy for two months in the manner of chest described above. …
18 In the matters that the six deputies need to decide, it will always be by at least 4 votes out of 6, including those from the 3 kehilot, and the two dissenters will be obligated to go along with what is agreed with those 4 votes; but if it is not done in accordance with said method, the three Mahamadot will meet and vote openly on the case, which will not be decided with less than 12 votes, without which nothing will be done.
19 From the income of this imposta will be taken care of all of the common
matters of the nation for its good conservation, with the proviso that those private/individual cases that arise and harm the nation may also be held to be common…[one of the deputies may intervene with the authorities (dealing not with money but with corporal punishment) but the individual will have to pay for it]
21 From said income of this imposta a contribution will be made to the almsmen of this city for their poor, 30 florins each month…in the name of the whole nation
22 And since the principal intent and foundation of this imposta is for us to relieve ourselves of the excessive expense that we have with the poor of our Portuguese and Spanish nation, and we are in dire need of a remedy or earnings, it was decided to try to send them along to lands of Judaism where they can more easily live, in the following way…
23-29 on _encaminhamento
_30 That no person from today forward under penalty of Berachah may speak himself or through others in these states to anyone in the name of the nation, except said deputies or whoever they order to do so when it is more convenient to their authority.
31 And no person who is excluded from any one of the synagogues will be admitted to another without entirely satisfying the penalty that he owes to the imposta in his kahal; or if he leaves of his own accord, without first paying everything he owes.
32 That if it seems good, from this time forward, to add to or take away from the above, it is can be done with a meeting of the three entire Mahamadot that are serving at that time, where they will discuss the case and with a vote of at least 12 it will be resolved, publishing the new agreement to bring it to the attention of everyone, and if necessary a copy will be given to each person.
And because they agreed to all of the above with common consent that it was useful and necessary for the common good, the three Mahamadot that presently serve are obligated to carry it out and have it carried out, each in his kahal, giving a printed copy to each of the yahidim in his kahal at present and to those who will come in the future, so that they will govern themselves in conformity with it…
[Signed by 5 leaders of each kahal]