As far as Casimir IV. was concerned, the clerical policy, artificially foisted upon him, did not alter his personal readiness to shield the Jews. But under his sons, the Polish King John Albrecht and the Lithuanian Grand Duke Alexander Yaghello, the anti-Jewish policy gained the upper hand. The former ratified, at the Piotrkov Diet of 1496, the Nyeshava Statute with its anti-Jewish restrictions. John Albrecht is also credited with the establishment of the first ghetto in Poland. In 1494 a large part of the Polish capital of Cracow was destroyed by fire, and the mob, taking advantage of the prevailing panic, plundered the property of the Jews. As a result, the Jews, who at that time were scattered over various parts of the city, were ordered by the King to move to Kazimiezh,41 a suburb of Cracow, and to live there apart from the Christians. Kazimiezh became, in consequence, a wholly Jewish town, leading throughout the centuries a life of its own, and connected with the outside world by mere threads of economic relationship.
While the throne of Poland was occupied by John Albrecht, his brother Alexander ruled over Lithuania as grand duke. At first Alexander's attitude towards the Jews was rather favorable. In 1492 he complied with the petition of the Karaites of Troki, and confirmed the charter of Casimir IV., bestowing upon them the Magdeburg Law, and even supplementing it by a few additional privileges. Various items of public revenue, especially the customs duties, were as theretofore let to the Jews. Alexander also paid the Jewish capitalists part of the money advanced by them to his father. In 1495, however, the Grand Duke suddenly issued a decree ordering the expulsion of all the Jews from Lithuania. It is not known whether this cruel action was due to the influence of the anti-Jewish clerical party, and was stimulated by the news of the expulsion of the Jews from Spain, or whether it was prompted by the financial dependence of the ruler on his Jewish creditors, or by the general desire to enrich himself at the expense of the exiles. As a matter of fact Alexander confiscated the immovable property of the expelled Jews in the districts of Grodno, Brest, Lutzk, and Troki, and a large part thereof was distributed by him among the local Christian residents. The banished Jews emigrated partly to the Crimea (Kaffa), but the majority settled, with the permission of King John Albrecht, in the neighboring Polish cities. However, when a few years later, after the death of his brother, Alexander accepted, in addition, the crown of Poland (1501), he allowed the Jews to return to Lithuania and settle in their former places of residence. On this occasion they received back, though not in all cases, the houses, estates, synagogues, and cemeteries previously owned by them (1503).
By the beginning of the fourteenth century Polish Jewry had become a big economic and social factor with which the state was bound to reckon. It was now destined to become also an independent spiritual entity, having stood for four hundred years under the tutelage of the Jewish center in Germany. The further development of this new factor forms one of the most prominent features of the next period.
CHAPTER III
THE AUTONOMOUS CENTER IN POLAND AT ITS ZENITH (1501-1648)
1. Social and Economic Conditions
In the same age in which the Jewish refugees from Spain and Portugal were wending their steps towards the Turkish East, bands of Jewish emigrants, fleeing from the stuffy ghettos of Germany and Austria, could be seen wandering towards the Slavonian East, towards Poland and Lithuania, where, during the period of the Reformation, a large autonomous Diaspora center sprang into life. The transmigration of Jewish centers, which is so prominent a feature of the sixteenth century, found its expression in two parallel movements: the demolished or impoverished centers of Western Europe were transplanted to the countries of Eastern Europe on the one hand, and to the lands of contiguous Western Asia on the other. Yet the destinies of the two Eastern centers – Turkey and Poland – were not identical. The Sephardim of Turkey were approaching the end of their brilliant historic career, and were gradually lapsing into Asiatic stupor, while the Ashkenazim of Poland, with a supply of fresh strength and the promise of an original culture, were starting out on their broad historic development. The mission of the Sephardim was a memory of the past; that of the Ashkenazim was a hope for the future. After medieval Babylonia and Spain, no country presented so intense a concentration of Jewish energy and so vast a field for the development of a Jewish autonomous life as Poland in the sixteenth and the following centuries.42
The uninterrupted colonization of Slavonian lands by Jewish emigrants from Germany, which had been going on during the Middle Ages, prepared the soil for the historic process which converted Poland from a colony into a center of Judaism. The large Jewish population settled in the towns and villages of Poland and Lithuania formed, not a downtrodden caste, nor a homogeneous economic class, as in Germany, but an important social entity, unfolding its energy in many departments of social-economic life. It was not tied down to two exclusive occupations, money-lending and petty trade, but it participated in all branches of industrial endeavor, in production and manufacture, not excluding rural avocations, such as land tenure and farming. The men of wealth among the Jews farmed the tolls (transit and customs duties) and the excise (state taxes collected on wine43 and other articles of consumption), and frequently attained to prominence as the financial agents of the kings. When, at a later date, the Jews were hampered in the business of tax-farming, their capital found a new outlet in the lease of crown and Shlakhta estates, with the right of "propination,"44 or liquor traffic, attached to it, as well as in working the salt mines, in timbering forests, and opening up the other resources of the soil. The big merchants were busy exporting agrarian products from Poland into Austria, Moldavo-Wallachia, and Turkey. The lower classes engaged in retail trade, handicrafts, farming, vegetable-growing, gardening, and, in some places, particularly in Lithuania, even in corn-growing.
The economic activity of the Jews, entwined with the material life of the country by numerous threads, was bound to produce a similar variety of form also in their legal condition. Considering the peculiar caste structure of the Polish state and the relative political freedom enjoyed in that semi-constitutional country by the "governing classes" – the landed nobility, the clergy, and partly the burghers – the legal position of the Jews was of necessity determined by the conflict of political and class interests. Bridled by an oligarchic constitution, the royal power was bound to clash with the vast privileges of the landed magnates, the big Shlakhta. The latter, in turn, on the one hand fought the claims of the petty rural Shlakhta, and on the other resisted the advance of the Christian urban estates, the business men, and craftsmen, who were a powerful factor, owing to their municipal autonomy and their well-organized guilds. The fight was carried on in the Diets, municipalities, and law courts. Within this conflict of economic interests the clergy of the dominant Catholic Church pursued its own line of attack. Having been weakened during the Reformation, it now renewed its strength in consequence of the Catholic reaction and the arduous endeavors of the Jesuits.
These estates differed in their relation to the Jews, each in accordance with its own interests. Medieval ideas had already taken such deep root in the Polish people that, despite the constitutional character of the country, a humane and lawful attitude towards the Jews was out of the question. They were appraised according to the advantages they could bestow upon this or that class, and since in many cases what was advantageous to one class was disadvantageous to another, a conflict of interests was unavoidable, with the result that the Jews were the objects of protection on the one side and the targets of persecution on the other.
The Jews of Poland were favored by two powers within the state, by royalty and in part by the big Shlakhta. They were opposed by two others, the clergy and the burghers. Aside from the interests of the exchequer, which was swelled by regular and irregular imposts upon the Jews, the kings derived personal benefits from their commercial activities. They valued the financial services of the Jewish tax-farmers, who paid large sums in advance for the lease of customs duties and state revenues