The Oldest Extant Constitution of a North American Jewish Community, September 15, 1728

In the Name of the Blessed god, Amen [in Hebrew]

Whereas, on or about the year 5466 [1706], certain wholesome rules and restrictions have been made by the then elders of our holy congregation, to preserve peace, tranquility, and good government amongst them, and those after them; and as they have been neglected to be put in due force for some time past, we now meet with common consent and resolve to revive the same with some amendments and additions, which are as follows:

Firstly, there shall be elected a parnaz [president] and two hatanim [officers], which shall likewise serve as assistants [borad members] for the good government of our holy congregation, and in order to which we have now, this year of 5489 [1728-29] elected Mr. Mosses Gomez for parnaz, to whom we gave power that he might elect two hatanims and as assistants for this present year. And accordingly, he did elect Mr. Daniel Gomez for hatan torah and first assistant, and Mr. Binj[ami]n Mendez Pacheco as hatan bereshit and second assistant, and for the future, the parnaz and his assistants, then in being, has power to choose another parnaz and assistants in their room yearly.

Secondly, we give authority to the gent’[le]m[en] that shall be elected yearly, as is customary in the Jewish congregations, that with the fear of God they may act as their conscience shall dictate [to] them for the well governing of our said congregation.

Thirdly, if any person or persons whatsoever shall offer to give any affront or abuse, either by words or action to any person or persons within the said synagogue, he or they so offending shall be obliged to pay to the parnaz, then in being, the sum of twenty shillings, if it be adjudged by the said parnaz and assistants that he or they have offended, which money shall be applied for the use of the synagogue. And if refused to pay the said fine, the whole congregation shall assist the said parnaz and assistants to recover the same.

Fourthly, whoever shall be elected parnaz and refuse to serve shall pay the sum of three pounds. Also, those hatanims that shall be elected and refuse to act in the said post shall pay a fine of forty shillings, each one [of] which sums shall be applied as in the third article is specified.

Fifthly, in case any disputes may arise so that the parnaz and his assistants cannot agree, an indifferent [impartial] person whom they shall choose shall decide the difference between them.

Sixthly, no unmarried man shall be elected parnaz, nor a married man before he has served either for hatan torah or hatan bereshith.

Seventhly, if any poor person should happen to come to this place and should want the assistance of the synagogue, the parnaz is hereby empowered to allow every poor person for his maintenance the sum of eight shillings per week, and no more, not exceeding the term of twelve weeks. And the parnaz is also to use his utmost endeavors to dispatch them to sum other place as soon as possible, assisting them with necessaries for their voyage, that is, for a single person forty shillings. But if it be a family, then the parnaz shall call his assistance [assistants] and consult with them, both for their maintenance whilst ashore and also for their necessaries when they depart. Those poor of this congregation that shall apply for sedaca [charity] shall be assisted with as much as the parnaz and his assistants shall think fit.

Eighthly, the offerings [donations] shall be gathered every three months by the parnaz. As likewise, it not being convenient the selling of misvots [religious honors], it’s resolved for the future that in lieu thereof the parnaz with his assistants shall tax the men’s seats in the synagogue, as they are now seated, but not exceeding fifteen shillings each seat per annum, nor less than five shillings. And the misvots shall be given out by the parnaz as the whole year.

Ninthly, we now present and host that shall hereafter be admitted as yechidims [first-class members] into this congregation, do and shall submit to the foregoing articles.

Tenthly, the parnaz shall be obliged twice a year to cause these articles to be read in the synagogue both in Portuguese and English. Signed. In New Yorck in the Kl Ks [Kahal Kodesh or Holy Congregation] of Sheerit Israell, the 12 of Tisry a. [in the year] 5489 [September 15, 1728].

Here follows the articles for the officers, vizt.:

And that the officers of this holy congregation may not at any time pretend ignorance of what is at their charge to observe, we have with concord [resolved] that

Firstly, the hazan [minister], Moses Lopez de Fonseca, shall be obliged to attend at the synagogue at the customary hours twice every week day, and three times on the Sabbath and feasts, to perform prayers, and what more belongs to his function, as is customary in other congregation[s] and that he also, in case the bodeck [slaughter inspector] be indisposed, shall assist in his room, for which he shall have his salary of fifty pounds and six cords of walnut wood [for fuel] per annum, also Passover cakes [matzos] for his family, all which shall be paid him out of the tsedaca [treasury].

Secondly, that Bejamin Elias shall have twenty pounds salary per annum in consideration of his haven [having] served as bodeck, and his age and circumstance requiring assistance. And we give authority unto the parnaz that he may receive such sums which diverse persons particularly have subscribed for that purpose. He shall also have two cords of wood and Passover cakes.

Thirdly, that Semuel Bar Meyr [H]aCohen, bodeck of this kahall [congregation] shall be obliged to kill at several places [for different butchers], and sufficiently for the whole congregation, and that every six months he shall submit to be examined in the dinimz [ritual laws] by the hazen and any other bodeck said hazan shall choose, for which he shall have twenty pounds salary per annum.

Fourthly, that Valentin Campanall shamaz [beadle] shall be obliged to attend at the synagogue and shall call the yechidmz that they may assemble together at the usual hours; and he likewise be obliged to call to selicot [penitential prayers] such persons as shall be given him by the parnaz in [a] list. That he shall keep the synagogue candlesticks and lamp clean, and make the candles; also shall keep the sestern [cistern, for washing hands] supplied with water, for which he shall have sixteen pound[s], two cords of wood, and masot [matzos] per annum.

Fifthly, if any whatsoever of the officers, above said, shall neglect in not doing what he ought, and what is aforesaid, the parnaz and his assistants have power to fine him or them in the sum they shall judge fit, not exceeding three pounds, and in case the offence shall be great, the parnaz and assistants shall not discharge any of said officers out of their place without first calling all the yechidimz for to give their vote, and the major part shall carry it, the parnaz having two votes.

Sixthly, that the aforesaid salaries are to be understood for this present year of 5489 [1728-29], and that on the beginning of the year 5490 [1729-30] the parnaz and assistants shall then be named, they are to declare if they confirm or annul these articles, so far as concerns the officers and their salaries or any part of them. And if confirmed, they shall subscribe their names on foot of this, and the same shall be done by those that then shall follow.

Moseh Gomez, parnas, et al.