History of the Jews in Russia and Poland. Volume 1 of 3. From the Beginning until the Death of Alexander I (1825). Dubnow Simon
path of the "true faith." The reference to religion, used as a cloak for commercial greed, did not fail to impress the devout Sigismund, and he forbade the Jews to keep stores on the market-place (1520). The professors of Christian love in Posen similarly forbade their Jewish fellow-citizens to buy foodstuffs and other articles in the market until the Christian residents had completed their purchases. A little later the King, in consequence of the influx of Jews into Posen, gave orders that no new Jewish settlers be admitted into the city, and that no houses owned by Christians be sold to them, without the permission of the Kahal elders. The Jews were to be restricted to definite quarters and to be denied the right of building their houses among those belonging to Christians (1523).
The same was the case in Lemberg. Yielding to the complaints of the magistracy about the competition of the Jews, the King restricted their freedom of commerce in several particulars, barring them from selling cloth in the whole of [Red] Russia and Podolia, except at the fairs, and limiting their sale of horned cattle to two thousand head per year (1515). The Piotrkov Diet of 1521 passed a law confining the trade of the Lemberg Jews to four articles, wax, furs, cloth, and horned cattle. These restrictions were the result of the widespread agitation which the pious Christian merchants had been conducting against their business rivals of other faiths. The magistracies of the three cities of Posen, Lemberg, and Cracow, attempted to form a coalition for the purpose of carrying on a joint economic fight against Jewry. In Cracow and its suburb Kazimiezh47 the Jews had to endure even harsher restrictions in business than in the other two metropolitan centers of Poland.
Competition in business occasionally resulted in physical violence and street riots. Anti-Jewish attacks were taking place in Posen and in Brest-Kuyavsk,48 and outbreaks were anticipated in Cracow. Representatives of the last Jewish community made their apprehensions known to the King. Sigismund issued a decree in 1530 denouncing in vehement terms the insolence of the rioters, who were hoping for immunity, and rigorously forbidding all acts of violence, under penalty of death and confiscation of property. To allay the fears of the Jews he ordered the burghers of Cracow to deposit the sum of ten thousand gulden with the exchequer as security for the maintenance of peace and safety in the city. The burgomasters, aldermen, and trade-unions were warned by the King that in all their differences with Jews "they should proceed in a legal manner, and not by violence, by resorting to force of arms and inciting disorders."
The King was powerless, however, to shield the Jews against other unpleasant manifestations of the Polish class régime, such as the extortions of the officials. The highest dignitaries of the court no less than the local administration were ever ready to fish in the troubled waters of the conflict of classes. The second wife of Sigismund, Queen Bona Sforza, an avaricious Italian princess, sold the offices of the state to the highest bidder, while the courtiers and voyevodas were just as venal on their own behalf. The queen's favorite, Peter Kmita, Voyevoda of Cracow and Marshal of the Crown, managed to accept bribes simultaneously from the Jewish and the Christian merchants, who lodged complaints against each other, by promising both sides to defend their interests before the Diet or the King.
During the fourth decade of the sixteenth century the Jewish question became the object of violent disputes at the Polish Diets, the deputies of several regions having received anti-Jewish instructions.49 Now the controlling factor in the Polish Diets was the Shlakhta, whose attitude towards the Jews was not uniform. The big Shlakhta, the magnates, the owners of huge estates and whole towns, were favorably disposed towards the Jews who lived in their domains, and added to their wealth as farmers and tax-payers. But the petty Shlakhta, the struggling squires, who were looking for places in the civil and state service, arrayed themselves on the side of the burgher class, which had always been hostile to the Jews. This petty Shlakhta bitterly resented the fact that the royal revenues had been turned over to Jewish contractors, who, as collectors of customs and taxes, attained to official dignity, and gradually forced their way into the ranks of the nobility. The income from the collection of the revenues and the influence connected with it this Shlakhta regarded as its inalienable prerogative. The clergy again saw in this enhancement of Jewish influence a serious menace to the Catholic faith, while the urban estates had a vital interest in limiting the commercial rights of the Jews.
At the Piotrkov Diet of 1538 the anti-Jewish agitation was carried on with considerable success. It resulted in the adoption of a statute, or a "constitution," containing a separate Jewish section, in which the old canonical laws cropped out:
We hereby prescribe and decree – it is stated in that section – that from now on and for all future time all those who manage our revenues must unconditionally be members of the landed nobility, and persons professing the Christian faith… We ordain for inviolable observance that no Jews shall be intrusted [in the capacity of contractors] with the collection of revenues of any kind. For it is unworthy and contrary to divine right that persons of this description should be admitted to any kind of honors or to the discharge of public functions among Christian people.
It is further decreed that the Jews have no right of unrestricted commerce, and can do no business in any locality, except with the special permission of the king or by agreement with the magistracies; in the villages they are forbidden to trade altogether. Pawnbroking and money-lending on the part of Jews are hedged about by a series of oppressive regulations. The capstone of the Piotrkov "constitution" is the following clause:
Whereas the Jews, disregarding the ancient regulations, have thrown off the marks by which they were distinguishable from the Christians, and have arrogated to themselves a form of dress which closely resembles that of the Christians, so that it is impossible to recognize them, be it resolved for permanent observance: that the Jews of our realm, all and sundry, in whatever place they happen to be found, shall wear special marks, to wit, a barret, or hat, or some other headgear of yellow cloth. Exception is to be made in favor of travelers, who, while on the road, shall be permitted to discard or conceal marks of this kind.
The fine for violating this regulation is fixed at one gulden.
The only articles of the "constitution" of 1538 which had serious consequences for the Jews of the Crown – the Jews of Lithuania were not affected by these regulations – were those barring them from tax-farming and subjecting them to commercial restrictions. The canonical law concerning a distinctive headgear was more in the nature of a demonstration than a serious legal enactment, since compliance with it, owing to the high state of culture among the Polish Jews and their important rôle in the economic life of the country, was a matter of impossibility. Behind this regulation lurks the hand of the Catholic clergy, which was alarmed at that time by the initial successes of the Reformation in Poland, and was in fear that the influence of Judaism might enhance the progress of the heresy. The excited imagination of the clerical fanatics perceived signs of a "Jewish propaganda" in the rationalistic doctrine of "Anti-Trinitarianism," which was then making its appearance, denying the dogma of the Holy Trinity. The specter of a rising sect of "Judaizers" haunted the guardians of the Church. One occurrence in particular engendered tremendous excitement among the inhabitants of Cracow. A Catholic woman of that city, Catherine Zaleshovska by name, the wife of an alderman, and four score years of age, was convicted of denying the fundamental dogmas of Christianity and adhering secretly to Jewish doctrines. The Bishop of Cracow, Peter Gamrat, having made futile endeavors to bring Catherine back into the fold of the Church, condemned her to death. The unfortunate woman was burned at the stake on the market-place of Cracow in 1539.
The following description of this event was penned by an eye-witness, the Polish writer Lucas Gurnitzki:
The priest Gamrat, Bishop of Cracow, assembled all canons and collegiates in order to examine her [Catherine Zaleshovska, who had been accused of "Judaizing"] as to her principles of faith. When, in accordance with our creed, she was asked whether she believed in Almighty God, the Creator of heaven and earth, she replied: "I believe in God, who created all that we see and do not see, who cannot be comprehended by the human reason, who poureth forth His bounty over man and over all things in the universe." "Do you believe in His only begotten Son, Jesus Christ, who was conceived by the Holy Ghost?" she was asked. She answered: "The Lord God has neither wife nor son, nor does He need them. For sons are needed by those who die, but God is eternal,
See p. 64, n. 1.
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The parliamentary order of Poland was somewhat complicated. Each region or