Simon Dubnow - History of the Jews in Russia and Poland. Volume 1 of 3. From the Beginning until the Death of Alexander I (1825)

The ecclesiastic tendencies gradually forced their way into secular legislation. The fanatics of the Church exerted their influence not only on the King but also on the landed nobility, the Shlakhta , 36 36 [Written in Polish Szlachta , probably derived from the old German slahta , in modern German Geschlecht , meaning tribe , caste . The Polish Shlakhta was in complete control of the Diet, or sejm (pronounced saym ), from which the other estates, the peasants and burghers, were excluded almost entirely. In the course of time, the Shlakhta succeeded also in wresting the power from the king, who became a mere figurehead.] which at that time began to take a more active interest in the affairs of the state. At the convention of the Shlakhta in Varta 37 37 [In Polish, Warta , a town in the province of Kalish. These conventions of the nobility assumed, in the fifteenth century, the character of a national parliament for the whole of Poland.] (1423) King Vladislav Yaghello sanctioned a law forbidding the Jews to lend money against written securities, only loans against pledges being permitted. The ecclesiastic origin of this enactment is betrayed in the ugly manner in which the law is justified in the preamble: "Whereas Jewish cunning is always directed against the Christians and aims rather at the property of the Christian than at his creed or person…"

5. The Jews of Lithuania during the Reign of Vitovt

An entirely different picture is presented at that time by Lithuania, which, in spite of its dynastic alliance with Poland, retained complete autonomy of administration. The patriarchal order of things, which was nearing its end in Poland, was still firmly intrenched in the Duchy of Lithuania, but recently emerged from the stage of primitive paganism. Medieval culture had not yet taken hold of the inhabitants of the wooded banks of the Niemen, and the Jews were able to settle there without having to face violence and persecution.

It is difficult to determine the exact date of the first Jewish settlements in Lithuania. So much is certain, however, that by the end of the fourteenth century a number of important communities were in existence, such as those of Brest, Grodno, Troki, Lutzk, and Vladimir, the last two in Volhynia, which, prior to the Polish-Lithuanian Union of 1579, formed part of the Duchy. The first one to legalize the existence of these communities was the Lithuanian Grand Duke Vitovt, who ruled over Lithuania from 1388 to 1430, partly as an independent sovereign, partly in the name of his cousin, the Polish King Yaghello. In 1388 the Jews of Brest and other Lithuanian communities obtained from Vitovt a charter similar in content to the statutes of Boleslav of Kalish and Casimir the Great, and in 1389 even more extensive privileges were bestowed by him on the Jews of Grodno.

In these enactments the Lithuanian ruler exhibits, like Casimir, an enlightened solicitude for a peaceful relationship between Jews and Christians and for the inner welfare of the Jewish communities. Under the laws enacted by Vitovt the Jews of Lithuania formed a class of free citizens, standing under the immediate protection of the Grand Duke and his local administration. They lived in independent communities, enjoying autonomy in their internal affairs as far as religion and property are concerned, while in criminal affairs they were liable to the court of the local starosta 38 38 [Lithuania was administered by starostas as Poland was by voyevodas (see p. 46 , n. 1). The starostas – literally "elders" – were originally nobles holding an estate of the crown, which was given to them by the king for special services rendered to him. In the course of time they became, both in Lithuania and in Poland proper, governors of whole regions, taking over many of the functions of the voyevodas. The relationship between the two officers underwent many changes. On the effect of this change upon the jurisdiction of the Jews compare Bloch, Die General-Privilegien der polnischen Judenschaft , p. 35.] or sub-starosta, and, in particularly important cases, to the court of the Grand Duke himself. The law guaranteed to the Jews inviolability of person and property, liberty of religion, the right of free transit, the free pursuit of commerce and trade, on equal terms with the Christians. The Lithuanian Jews carried on business on the market-places or in shops, they plied all kinds of trades, and occasionally engaged in agriculture. Men of wealth lent money on interest, leased from the Grand Duke the customs duties, the revenues on spirits, and other taxes. They held estates either in their own right or in the form of land leases. The taxes which they paid into the exchequer were adapted to the character of their occupations, and on the whole were not burdensome. Aside from the Rabbanite Jews there existed in Lithuania Karaites, who had immigrated from the Crimea, and had established themselves in the regions of Troki and Lutzk.

Accordingly the position of the Jews was more favorable in Lithuania than in Poland. Jewish immigrants, on their way from Germany to Poland, frequently went as far as Lithuania and settled there permanently. Lithuania formed the extreme boundary in the eastward movement of the Jews, Russia and Muscovy being almost entirely closed to them.

6. The Conflict between Royalty and Clergy under Casimir IV. and His Sons

The conflict of tendencies in the Polish legislation concerning the Jews manifested itself with particular violence in the reign of Casimir IV., the third king of the Yaghello dynasty. The attitude of Casimir IV. (1447-1492), who was imbued with the ideas of the humanistic movement then in vogue, was at first that of a wise ruler, the guardian of the common interests of his subjects. As Grand Duke of Lithuania he had followed the liberal Jewish policies of his predecessor Vitovt. He protected the personal and communal rights of both the Rabbanite and Karaite Jews – to the latter he granted, in 1441, the Magdeburg Law – and he frequently availed himself of the services of enterprising Jewish financiers and tax-farmers to increase the revenues of the state.

Having accepted the Polish crown, Casimir was resolved to rule independently and to disregard the designs of the all-powerful clergy. Shortly after his coronation, in August, 1447, while the King was on a visit to Posen, the city was devastated by a terrible fire. During the conflagration the ancient original of the charter which Casimir the Great had bestowed upon the Jews was lost. A Jewish delegation from the communities of Posen, Kalish, and other cities petitioned the King to restore and ratify the old Jewish privileges, on the basis of copies of the charter which had been spared. Casimir readily granted the request of the deputies. "We desire" – he announces in his new charter – "that the Jews, whom we wish to protect in our own interest as well as in the interest of the royal exchequer, should feel comforted in our beneficent reign." Corroborating as it did all the rights and privileges previously conferred upon the Jews – liberty of residence and commerce, communal and judicial autonomy, inviolability of life and liberty, protection against groundless charges and attacks – the charter of Casimir IV. was a direct protest against the canonical laws only recently reissued for Poland by the Council of Kalish, and for the whole Catholic world by the great Council at Basle. In opposition to the main trend of the Council resolutions, the royal charter permitted the Jews to associate with Christians, and exempted them from the jurisdiction of the ecclesiastic law courts (1453).

The King's liberalism aroused the resentment of the Catholic clergy. The leader of the clerical party was the energetic Archbishop of Cracow, Cardinal Zbignyev Oleshnitzki, who openly headed the forces arrayed in opposition to the King. He denounced Casimir bitterly for granting protection to the Jews, "to the injury and insult of the holy faith."