Our last and strongest witness—one compelling the respectful attention of the severest court and the most incisive attorney general—is the Russian professor Berschadzky, the author of an invaluable work on the history of the Jews in Lithuania. He vouches, not indeed for the authenticity of the events related by Rabbi Pinchas, but for the reality of Saul Wahl himself. From out of the Russian archives he has been resurrected by Professor Berschadzky, the first to establish that Saul was a man of flesh and blood.[74] He reproduces documents of incontestable authority, which report that Stephen Báthori, in the year 1578, the third of his reign, awarded the salt monopoly for the whole of Poland to Saul Juditsch, that is, Saul the Jew. Later, upon the payment of a high security, the same Saul the Jew became farmer of the imposts. In 1580, his name, together with the names of the heads of the Jewish community of Brzesc, figures in a lawsuit instituted to establish the claim of the Jews upon the fourth part of all municipal revenues. He rests the claim on a statute of Grandduke Withold, and the verdict was favorable to his side. This was the time of the election of Báthori's successor, Sigismund III., and after his accession to the throne, Saul Juditsch again appears on the scene. On February 11, 1588, the king issued the following notice: "Some of our councillors have recommended to our attention the punctilious business management of Saul Juditsch, of the town of Brzesc, who, on many occasions during the reigns of our predecessors, served the crown by his wide experience in matters pertaining to duties, taxes, and divers revenues, and advanced the financial prosperity of the realm by his conscientious efforts." Saul was now entrusted, for a period of ten years, with the collection of taxes on bridges, flour, and brandies, paying 150,000 gold florins for the privilege. A year later he was honored with the title sluga królewski, "royal official," a high rank in the Poland of the day, as can be learned from the royal decree conferring it: "We, King of Poland, having convinced ourself of the rare zeal and distinguished ability of Saul Juditsch, do herewith grant him a place among our royal officials, and that he may be assured of our favor for him we exempt him and his lands for the rest of his life from subordination to the jurisdiction of any 'castellan,' or any municipal court, or of any court in our land, of whatever kind or rank it may be; so that if he be summoned before the court of any judge or district, in any matter whatsoever, be it great or small, criminal or civil, he is not obliged to appear and defend himself. His goods may not be distrained, his estates not used as security, and he himself can neither be arrested, nor kept a prisoner. His refusal to appear before a judge or to give bail shall in no wise be punishable; he is amenable to no law covering such cases. If a charge be brought against him, his accusers, be they our subjects or aliens, of any rank or calling whatsoever, must appeal to ourself, the king, and Saul Juditsch shall be in honor bound to appear before us and defend himself."
This royal patent was communicated to all the princes, lords, voivodes, marshals, "castellans," starosts, and lower officials, in town and country, and to the governors and courts of Poland. Saul Juditsch's name continues to appear in the state documents. In 1593, he pleads for the Jews of Brzesc, who desire to have their own jurisdiction. In consequence of his intercession, Sigismund III. forbids the voivodes (mayors) and their proxies to interfere in the quarrels of the Jews, of whatever kind they may be. The last mention of Saul Juditsch's name occurs in the records of 1596, when, in conjunction with his Christian townsmen, he pleads for the renewal of an old franchise, granted by Grandduke Withold, exempting imported goods from duty.
Saul Wahl probably lived to the age of eighty, dying in the year 1622. The research of the historian has established his existence beyond a peradventure. He has proved that there was an individual by the name of Saul Wahl, and that is a noteworthy fact in the history of Poland and in that of the Jews in the middle ages.
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After history, criticism has a word to say. A legend, as a rule, rests on analogy, on remarkable deeds, on notable events, on extraordinary historical phenomena. In the case of the legend under consideration, all these originating causes are combined. Since the time of Sigismund I., the position of the Jews in Lithuania and Poland had been favorable. It is regarded as their golden period in Poland. In general, Polish Jews had always been more favorably situated than their brethren in faith in other countries. At the very beginning of Polish history, a legend, similar to that attached to Saul Wahl's name, sprang up. After the death of Popiel, an assembly met at Kruszwica to fill the vacant throne. No agreement could be reached, and the resolution was adopted to hail as king the first person to enter the town the next morning. The guard stationed at the gate accordingly brought before the assembly the poor Jew Abraham, with the surname Powdermaker (Prochownik), which he had received from his business, the importing of powder. He was welcomed with loud rejoicing, and appointed king. But he refused the crown, and pressed to accept it, finally asked for a night's delay to consider the proposal. Two days and two nights passed, still the Jew did not come forth from his room. The Poles were very much excited, and a peasant, Piast by name, raising his voice, cried out: "No, no, this will not do! The land cannot be without a head, and as Abraham does not come out, I will bring him out." Swinging his axe, he rushed into the house, and led the trembling Jew before the crowd. With ready wit, Abraham said, "Poles, here you see the peasant Piast, he is the one to be your king. He is sensible, for he recognized that a land may not be without a king. Besides, he is courageous; he disregarded my command not to enter my house. Crown him, and you will have reason to be grateful to God and His servant Abraham!" So Piast was proclaimed king, and he became the ancestor of a great dynasty.
It is difficult to discover how much of truth is contained in this legend of the tenth century. That it in some remote way rests upon historical facts is attested by the existence of Polish coins bearing the inscriptions: "Abraham Dux" and "Zevach Abraham" ("Abraham the Prince" and "Abraham's Sacrifice"). Casimir the Great, whose liaison with the Jewess Esterka has been shown by modern historians to be a pure fabrication, confirmed the charter of liberties (privilegium libertatis) held by the Jews of Poland from early times, and under Sigismund I. they prospered, materially and intellectually, as never before. Learning flourished among them, especially the study of the Talmud being promoted by three great men, Solomon Shachna, Solomon Luria, and Moses Isserles.
Henry of Anjou, the first king elected by the Diet (1573), owed his election to Solomon Ashkenazi, a Jewish physician and diplomat, who ventured to remind the king of his services: "To me more than to any one else does your Majesty owe your election. Whatever was done here at the Porte, I did, although, I believe, M. d'Acqs takes all credit unto himself." This same diplomat, together with the Jewish prince Joseph Nasi of Naxos, was chiefly instrumental in bringing about the election of Stephen Báthori. Simon Günsburg, the head of the Jewish community of Posen, had a voice in the king's council, and Bona Sforza, the Italian princess on the Polish throne, was in the habit of consulting with clever Jews. The papal legate Commendoni speaks in a vexed tone, yet admiringly, of the brilliant position of Polish Jews, of their extensive cattle-breeding and agricultural interests, of their superiority to Christians as artisans, of their commercial enterprise, leading them as far as Dantzic in the north and Constantinople in the south, and of their possession of that sovereign means which overcomes ruler, starost, and legate alike.[75]
These are the circumstances to be borne in mind in examining the authenticity of the legend about the king of a night. As early as the beginning of his century, recent historians inform us, three Jews, Abraham, Michael, and Isaac Josefowicz, rose to high positions in Lithuania. Abraham was made chief rabbi of Lithuania, his residence being fixed at Ostrog; Isaac became starost of the cities of Smolensk and Minsk (1506), and four years later, he was invested with the governorship of Lithuania. He always kept up his connection with his brothers, protected his co-religionists, and appointed Michael chief elder of the Lithuanian Jews. On taking the oath of allegiance to Albert of Prussia, he was raised to the rank of a nobleman. A Jew of the sixteenth century a nobleman! Surely, this fact is sufficiently startling to serve as the background of a legend. We have every circumstance necessary: An analogous legend in the early history of Poland, the favored condition of the Jews, the well-attested reality of Saul Juditsch, and an extraordinary event, the ennobling of a Jew. Saul Wahl probably did not reign—not even for a single night—but he certainly was attached to the person of the king, and later, ignorant of grades of officials, the Jews were prone to magnify his position. Indeed, the abject misery of their condition in the seventeenth century seems better calculated to explain the legend than their prosperity in the fifteenth and the sixteenth century. Bogdan Chmielnicki's campaign against the rebellious Cossacks wrought havoc among the Jews. From the southern part of the Ukraine to Lemberg, the road was strewn with the corpses of a hundred thousand Jews. The sad memory of a happy past is the fertile soil in which legends thrive. It is altogether likely that at this time of degradation the memory of Saul Wahl, redeemer and hero, was first celebrated, and the report of his coat of arms emblazoned with a lion clutching a scroll of the Law, and crowning an eagle, of his golden chain, of his privileges, and all his memorials, spread from house to house.
Parallel cases of legend-construction readily suggest themselves. In our own time, in the glare of nineteenth century civilization, legends originate in the same way. Here is a case in point: In 1875, the Anthropological Society of Western Prussia instituted a series of investigations, in the course of which the complexion and the color of the hair and eyes of the children at the public schools were to be noted, in order to determine the prevalence of certain racial traits. The most extravagant rumors circulated in the districts of Dantzic, Thorn, Kulm, all the way to Posen. Parents, seized by unreasoning terror, sent their children, in great numbers, to Russia. One rumor said that the king of Prussia had lost one thousand blonde children to the sultan over a game of cards; another, that the Russian government had sold sixty thousand pretty girls to an Arab prince, and to save them from the sad fate conjectured to be in store for them, all the pretty girls at Dubna were straightway married off.—Similarly, primitive man, to satisfy his intellectual cravings, explained the phenomena of the heavens, the earth, and the waters by legends and myths, the germs of polytheistic nature religions. In our case, the tissue of facts is different, the process the same.