Location of the town of Warta in 1255

Edited in: Codex diplomaticus Poloniae, Vol. 2, Part 1, Warszawa 1848, No. 64, pp. 53-55

… We Kazimierz, by the grace of God Duke of Łęczyca and Cuiavia, notify all the contemporary and future people that Wolfram Mayor of Warta, which is called Liberwalde in German, returned this small town to our hands due to his own fault. He renounced all the rights due to him and his heirs in this town on the grounds of stewardship. Therefore we have granted this town to be managed and possessed perpetually by Marcin and Wilkin, inhabitants of Sieradz, and by their heirs, on the same terms and law as we previously granted it to mentioned Wolfram. Namely, mentioned Marcin and Wilkin are obliged to populate Warta and turn it into a large and populated locality, so that from each tavern (save three), six denars are given to us. Similarly, six denars are to be given to us from each craftsman, no matter his trade or occupation, be them butchers, wine, mead or beer sellers, but except for fullers, smiths and weavers. Denars should be such ones, whose talent equals one mark of silver according to this country’s weight. We have also decided together with them [Marcin and Wilkin] that they will receive every third denar from each judicial income concerning the cases of these inhabitants, whom they will judge there and in villages belonging to this town. We have also granted the mentioned inhabitants of this locality with every liberty, right and habits of Środa Śląska. However, we make the following exception: if a Pole kills a German or a German kills a Pole, they ought to pay three marks of silver of Polish weight. But if a German kills a German, he ought to pay according to the German law. Out of this, ten marks are due to us, but we renounce five. We have also decided that if a foreigner from the afore-mentioned locality comes to a market at any stronghold and a case arises between him and another foreigner from any other locality, the case is to be judged by the mayor of the locality where the case originates. If a case arises between a foreigner and a Pole, it is to be judged by the stronghold judge. However, if in the afore-mentioned locality and villages belonging to it local Poles and foreigners contend, the town mayor will interrogate them and decide the case. Courts ought to be paid with the same denar as the rent is. Likewise, if a case arises in this locality, the same [Marcin and Wilkin] will be judges. However, having taken only what is called “trzeszne” in Polish, according to what the quality of the case requires, they ought to send the parties to those under whose jurisdiction the parties are and to whom the parties will pay legal costs. Whatever case they will not be able to decide, they ought to send it to us to be heard. These Marcin and Wilkin will be allowed, should they wish it, to build any number of mills with no detriment to others. Apart from that, we have granted this locality with twenty hides for pastures for hogs, and with forests, where they will pasture hogs and cut trees with no detriment to themselves or to us. Furthermore, all who come in or leave are not to pay toll for their belongings or retainers in the area of our land of Łęczyca, apart from those who want to trade or who wish to come back to their homeland after having sold their belongings. Such people are allowed to leave with respect to our law, that is toll. The afore-mentioned people have also unanimously praised that they have Flemish hides from us in Lusice. However, they will have as much arable land as much forest they are to deforest, with the condition that all the hides will be tax-free for four years, counting from the next feast of St. Adalbert. Then, each hide will pay one silver quarter-mark of Polish weight, and to the archbishop of Gniezno three bushels, namely two measures of wheat, four measures of rye and six of oat; but each fifth hide will be free from taxes, both ducal and archiepiscopal. We have set the date of the feast of St. Adalbert for all the taxes for taverns, craftsmen and hides. We have also decided that as inheritance from their parents not only sons but also daughters will enjoy all the parental benefits and rights. Apart from that, we have also perpetually granted mentioned Marcin and Wilkin with such a privilege that they will be allowed to pass through the land of Łęczyca without paying toll. We have also given them three hides of arable land and twenty of forest, for which they will pay us nothing. In eternal memory of this we have granted them with this charter, confirmed by the stamp of our seal. Given in Męka, through the intermediacy of Wit Treasurer of Łęczyca, in the year of grace 1255, indiction XIII.