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Ad
Solitica
s.r. Juden
Acta
The domicile
petition of several Jewish families and the Agreement [Convention]
by which the Jewish commercial houses of Westheimer and Straßburger,
Henle Ephraim Ullmann, and Jacob Obermayr may be permitted to settle
which has been concluded with the same.
Convention, since [illegible]
made by the jews [illegible]
concerning money loans [illegible]
In
the Year 1803
No. 1 1?4
cum Rotulo
As we, Guardian,
Mayor and Councillor of the German city of Augsburg have been moved
by the request of the Jewish banking houses
Westheimer
and Straßburger,
Henle Ephraim Ullmann, and
Jacob Obermayr
to grant the
same local domicile under the set preconditions that have been agreed
upon, decided, and approved by the deputation of councillors and
the said banking houses in the following Agreement.
§ 1.
Permission is granted to the bankers Westheimer and Strassburger,
Henle Ephraim Ullmann, and Jakob Obermayr to settle within the German
city of Augsburg with their families.
§ 2.
Each of the same is permitted to purchase a domicile in the city
in their own name. However each property owner is obliged to declare
certain specifications now and in the future.
§ 3.
These three banking houses will grant the city a cash loan of two
hundred thousand Gulden in generally acceptable Agreement currency
and plain monies, including those seventy-five thousand Guldens
which the German city of Augsburg already owes the House of Westheimer
and Strassburger.
§ 4.
They are to make these loans in three installments, and the first
on the 14th of this month of November, forty-six thousand Gulden;
on March 15, 1804, thirty thousand; and at the end of July, forty-nine
thousand Gulden, the sum in cash. One hundred and twenty-five thousand
German Gulden currency.
§ 5.
The first installment will be paid by Herr Ullmann, sixteen thousand;
Herr Westheimer, fifteen thousand; and
Herr Obermayr, fifteen thousand Gulden.
The second installment [March 1804] will be ten thousand Gulden
each, and the third
Herr Westheimer, fifteen thousand; Herr Ullmann, twenty-one thousand
five hundred; and Herr Obermayr, twelve-thousand five hundred Guldens.
§ 6.
This in the first two years at only 4%. In the remaining years,
however, the interest bearing loan at 5% can absolutely not be retired
before the end of the ten-year term, beginning before each partial
loan payment. After this term has run out, the capital will be repaid
at a rate of fifty thousand Gulden per year.
§ 7.
With regard to the main obligation, in general, all City revenues
as well as new acquisitions will be placed in security in specie.
All weight and tariff imposts [Waag und Zoll Befälle] must
be paid. These and the partial obligations to be printed will be
made out at 5% and signed by the collectors [Einnehmer] or recipients
as specially ordered by the Magistrate. On the other hand, the lesser
interests due in the next two years will be repaid to the lenders
in cash.
§ 8.
Each printed partial obligation will be in denominations of one
thousand Guldens, and each of the three participants will receive
these in proportion to his contribution at the time of each term
payment as the printed interest coupons.
§ 9.
As far as the recognition fee that is to be paid each year to the
aerarium ??? is concerned, the House of Westheimer and Straßburger
is to pay seven hundred and fifty Guldens yearly; Herr Henle Ephraim
Ullmann, three hundred and fifty; and Herr Jacob Obermayr two hundred
and fifty.
Furthermore,
§ 10.
the above-mentioned three commercial houses are obligated to lend
the City of Augsburg another three hundred thousand Gulden in generally
acceptable Agreement monies and plain monies when the Magistrate
needs it. As far as the first two hundred thousand Gulden, they
are to be extended as follows:
December 1, 1804 fifty thousand Gulden
March 1, 1805 fifty thousand Gulden
June 1, 1805 fifty thousand Gulden
October 1, 1805 fifty thousand Gulden
Each of the interested parties is to pay sixteen thousand six hundred
and sixty-six Gulden and 40 Kreutzer on each deadline date.
§ 11.
If during the course of these term payment periods the Magistrate
is short twenty to twenty-five thousand Gulden, the oft mentioned
three commercial houses will pledge themselves to extend such in
cash after a six-week notification.
Concerning
§ 12.
the third hundred thousand Gulden which are demanded by the Magistrate,
the above mentioned three commercial houses obligate themselves
to pay these in four term periods of twenty-five thousand Gulden
each as follows:
The last day of March, 1806, the first
The last day of June, 1806, the second
The last day of September, 1806, the third, and
The last day of December of the same year, the fourth term payment,
each in equal part payments.
§ 13.
This obligation is undertaken in such a way that the Magistrate
or the Privy Council may, as required, set the term payment deadlines
in such a way that these are always announced six weeks before the
actual obligation. However, the stipulated sum may not be exceeded.
§ 14.
For these last three hundred thousand Gulden, the honorable lenders
will receive 5 1/2% interest and 4 1/2% brokerage. In exchange,
they obligate themselves to reduce their interest and brokerage
rates should there be more advantageous times. They will also not
apply the brokerage rate in question to the cash loan but rather
lend the entire sum each time and cover the brokerage rate in question
with municipal bond notes.
§ 15.
This new loan will also be nonredeemable for a period of ten years
from the date of each interest payment and will be repaid at a rate
of fifty thousand Gulden yearly.
§ 16.
With regard to security and the obligations that are to be issued,
these three hundred thousand Gulden will have the same terms as
the first 200 thousand Gulden.
§ 17.
Should, counter to expectations, one or the other of the oft mentioned
three commercial houses not be able or be unwilling to make the
promised loans within the set deadline for whatever reason, then
the same will hoc ipso be deprived of the permitted domicile.
However if
§ 18.
the same extend the stipulated five hundred thousand Gulden in the
three years in question and within the designated term periods,
a formal attestation and certificate of release will be issued concerning
the fulfillment of their obligations. This will happen in any case
when they have closed out the four hundred thousand Gulden within
two years and the Magistrate no longer has need of the last hundred
thousand Gulden in 1806.
§ 19.
The oft mentioned three commercial houses should under no circumstances
be permitted to engage in any other business dealings than banking,
jewelry, and wholesale, for which reason they will not be permitted
to have an open shop.
§ 20.
In the same way, they are also forbidden to engage in any way in
their business dealings on Sundays and holidays.
§ 21.
All books must be kept in the German language and in accordance
with business practice.
§ 22.
It is furthermore ordered that all associates of said three commercial
houses must keep from becoming involved either directly or indirectly
in business dealings as brokers, commissionaries, forwarding agents,
or representatives, but must devote themselves exclusively to the
service of their employer [lit. bread master].
In addition,
§ 23.
he is responsible to the City for the behavior of his servants and
his wife and children at home as well as business employees without
distinction. He also is responsible for damages brought by local
citizens and inhabitants against his people.
§ 24.
To that end, he must make up an exact directory of his family and
servants and give it to the Magistrate. If the number of the latter
is too numerous, it will not be passed.
§ 25.
Should circumstances require an increase in the number of servants,
this must be declared ahead of time to the Magistrate and permission
sought.
§ 26.
In the same way, each one who wants to put up friends, be they Christians
or Jews, must get a permit from the Magistrate in office in advance.
This may, as circumstances permit, be given for 14 days in exceptional
cases. In this regard, the same applies to those so harbored as
in § 23 above.
§ 27.
The oft mentioned three Jewish bankers must subject themselves and
their families completely to the City's legal jurisdiction. They
must in all cases behave themselves in accordance with the already
existing and future criminal and civil laws in the same way that
they will be treated and judged in their legal businesses and dealings
according to the same norms as those applied to the local citizens.
§ 28.
The Magistrate is not opposed to their practicing their religion
in their homes if they do so without noise or drawing attention
to themselves.
§ 29.
The domicile concession restricts itself, in the rule, to the head
of each of these three families and in each case is transferred
to only one child, insofar as said child has his own legally evidenced
fortune of thirty thousand Gulden, is of unimpeached reputation,
and is knowledgeable in the banking business, exchange - en gros
- and the jewelry business. It may be transferred to one child of
each of the above mentioned Jewish commercial houses in accordance
with the conditions in the present Agreement unto perpetuity.
However,
§ 30.
the Magistrate retains the right to determine payments in accordance
with circumstances, fortune, and fairness when that child enters
the father's firm, when he establishes his own firm, or if the second
child, with the Magistrate's permission, enters the father's firm
or enters into some business association with the first child.
§ 31.
On the other hand, except for these two, no additional tax will
be demanded of the other children if they marry out of the City
or move away for whatever reason.
§ 32.
The widows of the three present family heads may even after their
deaths enjoy, the domicile of their late husbands forever, in accordance
with § 29, as long as they remain unmarried. However, this
is to be considered void as of the date of their marriage.
§ 33.
As far as the remaining children are concerned, it is understood
that one or two of each of the three named commercial houses [will
have rights] with respect to domicile for now and all times in accordance
with §§s 29 and 30. As soon as one or several of the other
children, except for the two above, begin their own economic undertaking
or establish a firm, or get married, or are otherwise capable of
feeding themselves, domicile ceases as of that moment.
§ 34.
Should it occur in the course of things that the commercial house
known as the firm of Westheimer and Straßburger splits up,
it is understood that the former partners cannot both make use of
the domicile and commercial privilege, but that it is only valid
for one of the members.
Neither may
§ 35.
the other two Jewish banking houses take another person as partner
in their firm without permission of the Magistrate.
§ 36.
It is granted to the oft mentioned three banking houses and their
associates to keep their own butcher who will kosher slaughter an
ox for the Jew and who will give a Pound and a half Kreutzer in
taxes for this. However each time, this must be reported to the
Meat Payment Office [Fleisch-Angeld-Amt].
§ 37.
Furthermore, the petition of these three banking houses is granted
and they may in the future have room heaters in offices.
§ 38.
Finally, it is granted to them that since they have no cemetery
in these parts, they may be conveyed upon their deaths to their
established cemetery without any fees levied by the Reich City overseer's
office or any other fee, by whatever name.
Document completed according to the mutual Agreement with four identical
copies with the City. The seals have been corroborated and sealed
and signed by the firm principals mentioned at the outset.
So done, Augsburg, November 10, 1803.
| |
Westheimer
and Strasburger
Henle Eph. Ulmann, Court to the King
Jacob Obermayer |
Albrecht v.
Hochwarth
Chancery Director
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