History of the Jews in Russia and Poland. Volume 1 of 3. From the Beginning until the Death of Alexander I (1825). Dubnow Simon
He was not born, it is impossible that He should die. It is we whom He considers His sons, and His sons are those who walk in His paths." Here the collegiates shouted: "Thou utterest evil, thou miserable one! Bethink thyself! Surely there are prophecies that the Lord would send His Son into the world to be crucified for our sins, in order that we, having been disobedient from the days of our ancestor Adam, may be reconciled to God the Father?" A great deal more was said by the learned men to the apostate woman, but the more they spoke, the more stubborn was she in her contention that God was not and could not be born as a human being. When it was found impossible to detach her from her Jewish beliefs, it was decided to convict her of blasphemy. She was taken to the city jail, and a few days later she was burned. She went to her death without the slightest fear.
The well-known contemporary chronicler Bielski expresses himself similarly: "She went to her death as if it were a wedding."
During the same time there were rumors afloat to the effect that in various places in Poland, particularly in the province of Cracow, many Christians were embracing Judaism, and, after undergoing circumcision, were fleeing for greater safety to Lithuania, where they were sheltered by the local Jews. When the rumor reached the King, he dispatched two commissioners to Lithuania to direct a strict investigation. The officers of the King proceeded with excessive ardor; they raided Jewish homes, and stopped travelers on the road, making arrests and holding cross-examinations. The inquiry failed to reveal the presence of Judaizing sectarians in Lithuania, though it caused the Jews considerable trouble and alarm (1539).
Scarcely had this investigation been closed when the Lithuanian Jews were faced by another charge. Many of them were said to be on the point of leaving the country, and, acting with the knowledge and co-operation of the Sultan, intended to emigrate to Turkey, accompanied by the Christians who had been converted to Judaism. It was even rumored that the Jews had already succeeded in dispatching a party of circumcised Christian children and adults across the Moldavian frontier. The King gave orders for a new investigation, which was marked, like the preceding one, by acts of lawlessness and violence. The Jews were in fear that the King might lend an ear to these accusations and withdraw his protection from them. Accordingly Jews of Brest, Grodno, and other Lithuanian cities, hastened to send a deputation to King Sigismund, which solemnly assured him that all the rumors and accusations concerning them were mere slander, that the Lithuanian Jews were faithfully devoted to their country, that they had no intention to emigrate to Turkey, and, finally, that they had never tried to convert Christians to their faith. At the same time they made complaints about the insults and brutalities which had been inflicted upon them, pointing to the detrimental effect of the investigation on the trade of the country. The assertions of the deputation were borne out by the official inquiry, and Sigismund, returning his favor to the Jews, cleared them of all suspicion, and promised henceforward not to trouble them on wholesale charges unsupported by evidence. This pledge was embodied in a special charter, a sort of habeas corpus, granted by the King to the Jews of Lithuania in 1540.
All this, however, did not discourage the Catholic clergy, who, under the leadership of Bishop Gamrat, continued their agitation against the hated Jews. They incited public opinion against them by means of slanderous books, written in medieval style (De stupendis erroribus Judaeorum, 1541; De sanctis interfectis a Judaeis, 1543). The Church Synod of 1542 assembled in Piotrkov issued the following "constitution":
The Synod, taking into consideration the many dangers that confront the Christians and the Church from the large number of Jews who, having been driven from the neighboring countries, have been admitted into Poland, and unscrupulously combine holiness with ungodliness, has passed the following resolution: Lest the great concentration of Jews in the country lead, as must be apprehended, to even worse consequences, his Majesty the King be petitioned as follows: 1. That in the diocese of Gnesen and particularly in the city of Cracow50 the number of Jews be reduced to a fixed norm, such as the district set aside for them can accommodate. 2. That in all other places where the Jews did not reside in former times they be denied the right of settlement, and be forbidden to buy houses from Christians, those already bought to be returned to their former owners. 3. That the new synagogues, even those erected by them in the city of Cracow, be ordered to be demolished. 4. Whereas the Church suffers the Jews for the sole purpose of recalling to our minds the tortures of our Saviour, their number shall in no circumstances increase. Moreover, according to the regulations of the holy canons, they shall be permitted only to repair their old synagogues but not erect new ones.
This is followed by seven more clauses containing various restrictions. The Jews are forbidden to keep Christian servants in their houses, particularly nursery-maids, to act as stewards of estates belonging to nobles ("lest those who ought to be the slaves of Christians should thereby acquire dominion and jurisdiction over them"), to work and to trade on Catholic holidays, and to offer their goods publicly for sale even on weekdays. It goes without saying that the rule prescribing a distinguishing Jewish dress is not neglected.
This whole anti-Jewish fabric of laws, which the members of the Synod decided to submit to the King, failed to receive legal sanction. Still the Catholic clergy was for a long time guided by it in its policy towards the Jews, a policy, needless to say, of intolerance and gross prejudices. These restrictions were the pia desideria of priests and monks, some of which were realized during the subsequent Catholic reaction.
3. Liberalism and Reaction in the Reigns of Sigismund Augustus and Stephen Batory
Sigismund I.'s successor, the cultured and to some extent liberal-minded Sigismund II. Augustus (1548-1572), followed in his relations with the Jews the same principles of toleration and non-interference by which he was generally guided in his attitude towards the non-Christian and non-Catholic citizens of Poland. In the first year of his reign Sigismund II., complying with the request of the Jews of Great Poland, ratified, at the general Polish Diet held at Piotrkov, the old liberal statute of Casimir IV. In the preamble of this enactment the King declares that he confirms the rights and privileges of the Jews on the same grounds as the special privileges of the other estates, in other words, by virtue of his oath to uphold the constitution. Sigismund Augustus considerably amplified and solidified the self-government of the Jewish communities. He bestowed large administrative and judicial powers upon the rabbis and Kahal elders, sanctioning the application of "Jewish law" (i. e. of Biblical and Talmudical law) in civil and partly even criminal cases between Jews (1551). In the general voyevoda courts, in which cases between Jews and Christians were tried, the presence of Jewish "seniors," i. e. of duly elected Kahal elders, was required (1556). This liability of the Jews to the royal or voyevoda courts had long constituted one of their important privileges, since it exempted them from the municipal, or magistrates' courts, which were just as hostile to them as the magistracies themselves.
This prerogative – the guarantee of greater impartiality on the part of the royal court – was limited to the Jews residing in the royal cities and villages, and did not extend to those living on the estates of the nobles or in the townships owned by them. Sigismund I. had decreed that "the nobles having Jews in their towns and villages may enjoy all the advantages to be derived from them, but must also try their cases. For we [the King], not deriving any advantages from such Jews, are not obliged to secure justice for them" (1539). Sigismund Augustus now enacted similarly that the Jews living on hereditary Shlakhta estates should be liable to the jurisdiction of the "hereditary owner," not to that of the royal representatives, the voyevoda and sub-voyevoda. As for the other royal privileges, they were extended to the Jews of this category only on condition of their paying the special Jewish head-tax to the King (1549). The split between royalty and Shlakhta, which became conspicuous in the reign of Sigismund Augustus, had already begun to undermine the system of royal patronage, more and more weakened as time went on.
The relations between the Jews and the "third estate," the burghers, did not improve in the reign of Sigismund Augustus, but they assumed a more definite shape. The two competing agencies, the magistracies and the Kahals, regulated their mutual relations by means of compacts and agreements. In some cities, such as Cracow and Posen, these compacts were designed to safeguard the boundaries of the ghetto, outside of which the Jews had no right to live; in Posen the Jews were even forbidden to increase the number of Jewish houses over and above a fixed norm (49), with the result that they were obliged to
[Gnesen as seat of the Primate; Cracow as capital.]