Although the restrictions of the Theodosian code had the force of law, it may be questioned whether they were really carried into effect. The bishops of the apostolic see, who had learnt political shrewdness from the Roman statesmen, were too prudent to be fanatic. The Pope Gelasius had a friend, a Jew of Telesina, who bore the title of "the most illustrious" (clarissimus), and at his intercession his relative Antoninus was warmly recommended by the Pope to the bishop Secundinus. A charge having been brought against a Jew named Basilius, of selling Christian slaves from Gaul, he pleaded that he only sold heathen slaves, and that it was impossible to prevent a few Christians from being included among a number of other slaves; this excuse was accepted by Pope Gelasius.
When Italy became Ostrogothic under Theodoric, the Jews of that country were placed in a peculiar position. Hostile outbreaks were not infrequent during this reign, but at bottom they were not directed against the Jews, but against this hated Arian monarch. Theodoric, although an Arian, was by no means favorably disposed towards the Jews, whose conversion he desired. On a certain occasion, he had his counselor and minister Cassiodorus write the following to the community of Milan: "Why dost thou seek temporal peace, O Judah, when because of thine obduracy thou art unable to find eternal peace?" The Jews of Genoa having requested permission to put their synagogue into better repair, Theodoric sent them the following reply: "Why do you desire that which you should avoid? We accord you, indeed, the permission you request, but we blame the wish, which is tainted with error. We cannot command religion, however, nor compel any one to believe contrary to his conscience." He permitted the Jews neither to erect new synagogues, nor to decorate old ones, but simply allowed them to repair such as were falling into decay.
The Ostrogothic ruler was zealous in preserving internal peace and in upholding the laws, and accordingly he was just to the Jews whenever any undeserved injury was inflicted upon them. The Catholics entertained a secret hate of the Arians, and with the deepest resentment saw Arianism on the throne, while the Catholic Church was merely magnanimously tolerated: they seized upon every opportunity of thwarting Theodoric, when it could be done with impunity. On one occasion, when a few slaves rose against their Jewish masters in Rome, the mob gathered, burnt the synagogue, ill-treated the Jews, and plundered their property, in order to laugh Theodoric's edicts to scorn. Theodoric, having been informed of this, bitterly reproached the Roman Senate, which was now but the shadow of its former self, for permitting such misconduct, and imperiously charged it to discover the culprits and oblige them to make compensation for the damage they had done. As the leaders of the riot were not discovered, Theodoric condemned the Roman commune to make compensation. This severity roused the entire Catholic Church against him.
It is creditable to the Italian Jews of this period that, in spite of the general deterioration and demoralization, the political and ecclesiastical literature of the times imputes no other crimes to them than obduracy and unbelief. Their religion shielded them from the prevailing wickedness. Cassiodorus, who became a monk after resigning all his dignities, composed among other works a homiletic exposition of the Psalms, in which he makes frequent reference to the Jews, apostrophizing them, and endeavoring to convert them. It is characteristic of this period that Cassiodorus, – who, besides Boëthius, was the only notability of the sixth century possessing a certain philosophic culture – designated the Jews by the most opprobrious names. It would be easy to compile a dictionary of abusive words from his writings; he called them "scorpions and lions," "wild asses," "dogs and unicorns."
In spite of the antipathy of the leaders of opinion, the Jews of Italy were happy in comparison with their brethren of the Byzantine empire. Theodoric's successors, his beautiful and accomplished daughter Amalasuntha, and her husband and murderer Theodatus, a weakling with philosophical pretensions, followed his principles. The Jews supported King Theodatus with tenacious fidelity, even when he himself had given up all hope. The Jews of Naples risked their lives rather than come under Justinian's scourge. Belisarius, the conqueror of the Vandal empire, the laurel-crowned hero, trembled at Justinian's wrath, and allowed himself to be used as the blind tool of the latter's tyranny; he had already subjugated the whole of Sicily and the southern extremity of the Italian peninsula, and now was swiftly approaching Naples, the largest and most beautiful city of Lower Italy. On his summons to the inhabitants to surrender, the Neapolitans divided into two factions. But even the war party was not disposed to sacrifice itself for the Ostrogoths, who were hated in Italy. The Jews alone, and two lawyers, Pastor and Asclepiadotus, who had been raised to fame through the influence of the Ostrogothic kings, opposed the surrender of the city to the Byzantine general. The Jews, who were wealthy and patriotic, offered their lives and their fortunes for the defense of the city. In order to allay the fear of scarcity of provisions, they promised to supply Naples with all necessaries during the siege. The Jews, unaided, defended that part of the city which was nearest the sea, and fought with such bravery, that the enemy did not venture to direct their attacks against that quarter. A contemporary historian (Procopius) has raised a glorious monument to the heroic bravery of the Jews of Naples.
Having one night, by means of treachery, penetrated into the city, the enemy almost made themselves masters of it (536), but the Jews, with the courage of lions, still continued the struggle. It was only at break of day, when the enemy had overwhelmed them with numbers, and many of their own side had been killed, that the Jews quitted their posts. It is not related how the surviving Jewish combatants fared – certainly no better than their confederates Asclepiadotus and Pastor, who fell victims to the fury of the people. Now occurred that which the Italian Jews had anticipated with horror; they came under the rule of the Emperor Justinian, whose anti-Jewish ideas place him in a class with Hadrian, Constantine, and Firuz. Italy, ruler of the world, sank to the rank of a province (Exarchate) of the Byzantine empire, and the Jews of Italy trembled before the exarch of Ravenna.
This situation, however, did not continue long. Justinian's successors were obliged to abandon a great part of Italy forever to the powerful and uncouth Lombards (589), who, half heathen, half Arian, troubled themselves but little about the Jews. At all events there are no exceptional laws for the Jews to be met with in the Longobard code. Even when the Lombards embraced the Catholic faith, the position of the Jews in Italy remained bearable. The heads of the Catholic Church, the Popes, were free from extreme intolerance. Gregory I (590–604), called the Great and the Holy, who laid the foundation of the power of Catholicism, gave utterance to the principle that the Jews should be converted only by means of gentle persuasion and not by violence. He conscientiously maintained their rights of Roman citizenship, which had been recognized by various emperors. In the territory which was subject to the papal sway in Rome, Lower Italy, Sicily, and Sardinia, he steadfastly persisted in this course, in the face of the fanatical bishops, who regarded the oppression of the Jews as a pious work. His pastoral letters are full of earnest exhortations, such as the following: "We forbid you to molest the Jews or to lay upon them restrictions not imposed by the established laws; we further permit them to live as Romans and to dispose of their property as they will; we only prohibit them from owning Christian slaves."
But greatly as Gregory abhorred the forcible conversion of the Jews, he exerted himself to win them for the Church by other means. He did not hesitate to make an appeal to cupidity, and remitted a portion of the land-tax to such of the Jewish farmers and peasants as embraced Christianity. He did not, indeed, deceive himself with the belief that the converts who were obtained in this manner were loyal Christians; he counted, however, upon their descendants. "If we do not gain them over," he wrote, "we at least gain their children." Having heard that a Jew named Nasas had erected an altar to Elijah (probably a synagogue known by this name) in the island of Sicily, and that Christians met there to celebrate divine service, Gregory commanded the prefect Libertinus to raze the building, and to inflict corporal punishment on Nasas for his offense. Gregory vigorously persecuted such of the Jews as purchased or possessed Christian slaves. In the Frankish empire, where fanaticism had not yet made its way, the Jews were not forbidden to carry on the slave trade. Gregory was indignant at this, and wrote to King Theodoric (Dieterich) of Burgundy, Theodebert, king of Austrasia, and also to Queen Brunhilde, expressing his astonishment that they allowed the Jews to possess Christian slaves. He exhorted them with great warmth to remove this evil, and to free the true believers from the power of their enemy. Reccared, the king of the Visigoths, who submitted to the papal see, was flattered beyond measure by Gregory for promulgating an edict of intolerance.
In the Byzantine empire and in Italy, Christianity had from the very first shown more or less hostility to Judaism, but in the west of Europe, in France and Spain, where the Church established itself with difficulty, the situation of the Jews assumed a different and much more favorable aspect. The invasions of the barbarians had completely changed the social order existing in these countries. Roman institutions, both political and ecclesiastical, were nearly effaced, and the polity of the empires established by heathen or half Christianized nations was not built up on the basis of Church law. It was a long while before Catholicism gained a firm footing in the west of Europe, and the Jews who had settled there enjoyed undisturbed peace until the victorious Church gained the upper hand.
The immigration of the Jews into these important and wealthy provinces took place probably as early as the time of the Republic or of Cæsar. The Jewish merchants whose business pursuits brought them from Alexandria or Asia Minor to Rome and Italy, the Jewish warriors whom the emperors Vespasian and Titus, the conquerors of Judæa, had dispersed as prisoners throughout the Roman provinces, found their way voluntarily or involuntarily into Gaul and Iberia. The presence of the Jews in the west of Europe is a certain fact only since the second century.
The Gallic Jews, whose first settlement was in the district of Arles, enjoyed the full rights of Roman citizenship, whether they arrived in Gaul as merchants or as fugitives, with the peddler's pack or in the garb of slaves; they were treated as Romans also by the Frankish and Burgundian conquerors. The most ancient legislation of the Franks and Burgundians did not consider the Jews as a distinct race, subject to peculiar laws. In the Frankish kingdom founded by Clovis, the Jews dwelt in Auvergne (Arverna), in Carcassonne, Arles, Orleans, and as far north as Paris and Belgium. Numbers of them resided in the old Greek port of Marseilles, and in Béziers (Biterræ), and so many dwelt in the province of Narbonne that a mountain near the city of that name was called Mons Judaicus. The territory of Narbonne belonged for a long time to Visigothic Spain, and for this reason the Jewish history of this district reflects all the vicissitudes of the Jews on the further side of the Pyrenees.
The Jews of the Frankish and Burgundian kingdoms carried on agriculture, trade, and commerce without restraint; they navigated the seas and rivers in their own ships. They also practised medicine, and the advice of the Jewish physicians was sought even by the clergy, who probably did not care to rely entirely on the miraculous healing powers of the saints and of relics. They were also skilled in the use of the weapons of war, and took an active part in the battles between Clovis and Theodoric's generals before Arles (508).
Besides their Biblical names, the Jews of Gaul bore the appellations which were common in the country, such as Armentarius, Gozolas, Priscus, or Siderius. They lived on the best of terms with the people of the country, and intermarriages even occurred between Jews and Christians. The Christian clergy did not scruple to eat at Jewish tables, and in turn often entertained the Jews.
The higher ecclesiastics, however, took umbrage, because the Jews refused, at Christian banquets, to eat of certain dishes, which the precepts of their religion forbade them to enjoy. For this reason the council of Vannes (465) prohibited the clergy from taking part in Jewish banquets, "because they considered it undignified that Christians should eat the viands of the Jews, while the latter refused to eat of Christian dishes, thus making it appear as though the clergy were inferior to the Jews." But this decision of the council was of no avail; canonical severity was powerless to check this friendly intercourse. It became necessary to re-enact this ecclesiastical prohibition several times. Thus, in spite of their separation from Judæa and Babylonia, the centers of Judaism, the Jews of Gaul lived in strict accordance with the precepts of their religion. Wherever they settled they built their synagogues, and constituted their communities in exact agreement with the directions of the Talmud.
The friendly relations existing between the Jews and the inhabitants of Gaul underwent no change even when the country, by reason of Clovis' conversion, came under the rule of the Catholic Church. Clovis was, indeed, a bloodthirsty butcher, but not a fanatic. The clergy were under obligations to him, because he had abandoned heathenism for Christianity, and he did not need to yield to them in any way. As he left an hereditary kingdom to his successors, they were not placed in painful situations and dilemmas, as were the elective kings of the Visigoths, and were not obliged to make concessions or sacrifices to the Church. Among the Franks, therefore, heathen customs remained long in vogue, and the Jews were permitted to live according to their religion without molestation. It is true that many ecclesiastical fanatics exerted themselves to convert the Jews by every means in their power, even using ill-treatment, and many severe resolutions were passed at their councils. But these persecutions remained isolated, even when they were countenanced by one or another of the zealous kings. Burgundy, however, ever since King Sigismund had embraced the Catholic faith (516), and felt bound to elevate oppression of the Arians and the Jews into the policy of the state, was more hostile to the Jews than the rest of France. It was this king who first raised the barrier between Jews and Christians. He confirmed the decision of the council of Epaone, held under the presidency of the bloodthirsty bishop Avitus, forbidding even laymen to take part in Jewish banquets (517).
A spirit of hostility to the Jews gradually spread from Burgundy over the Frankish countries. As early as the third and fourth councils at Orleans (538 and 545), severe enactments were passed against them. Not only were the Christians commanded not to take part in Jewish banquets, and the Jews forbidden to make proselytes, but the latter were even prohibited from appearing in the streets and public squares during Easter, because "their appearance was an insult to Christianity." Childebert I of Paris embodied this last point in his constitution (554), and thus exalted the intolerance of the clergy into a law of the state. This feeling of hostility, however, was not prevalent among Childebert's contemporaries. The Frankish empire was divided among several monarchs, who, although related, mortally hated one another; this division had the effect of confining intolerant practices to single provinces. Even ecclesiastical dignitaries of high rank continued to maintain friendly intercourse with the Jews, without fearing any danger to the Church. But fanaticism is naturally contagious; when it has once gained a firm footing in a country, it soon obtains ascendancy over all minds, and overcomes all scruples. In the Frankish empire the persecution of the Jews proceeded from a man who may be regarded as the very incarnation of Jew-hatred. This was Avitus, Bishop of Arverna, whose see was at Clermont; what Cyril had been to the Jews of Alexandria, Avitus was to the Jews of Gaul.
The Jewish population of his bishopric was a thorn in his side, and he accordingly roused the members of his flock against it. Again and again he exhorted the Jews of Clermont to become converts, but his sermons meeting with no response, he incited the mob to attack the synagogues, and raze them to the ground. But even this did not content the fanatic; he offered the Jews the choice between presenting themselves for baptism and quitting the city. Only one Jew received baptism, thus making himself an object of abhorrence to the whole community. As he was going through the streets at Pentecost in his white baptismal robe, he was sprinkled with rancid oil by a Jew. This seemed a challenge to the fanatic mob, and they fell upon the Jews. The latter retreated to their houses, where they were attacked, and many of them killed. The sight of blood caused the faint hearts to waver, and five hundred of the Jews besought Bishop Avitus to accord them the favor of baptism, and implored him to put an end to the massacre at once. Such of them as remained true to their religion fled to Marseilles (576). The Christian population celebrated the day of the baptism of the five hundred with wild rejoicing, as though the cross might pride itself on a victory which had been won by the sword. The news of the occurrence in Clermont caused great joy among the fanatics. Bishop Gregory of Tours invited the pious poet Venantius Fortunatus to celebrate in song the achievement of Avitus. But the Latin verses of this poet, who had emigrated to France from Italy, instead of glorifying Avitus, raised a monument of shame to his memory. They indicate quite clearly that the Jews of Clermont suffered innocently, and became converts to Christianity out of sheer desperation. Thus the effects of the ever-growing fanaticism made themselves felt in many parts of France. The Council of Mâcon (581) adopted several resolutions which aimed at assigning an inferior position in society to the Jews. They were neither to officiate as judges nor to be allowed to become tax-farmers, "lest the Christian population appear to be subjected to them." The Jews were further obliged to show profound reverence to the Christian priests, and were to seat themselves in their presence only by express permission. All who transgressed this law were to be severely punished. The edict forbidding the Jews to appear in public during Easter was re-enacted by this council. Even King Chilperic, although he bore no particular good-will to the Catholic clergy, emulated the example set by Avitus. He also compelled the Jews of his empire to receive baptism, and himself stood sponsor to the Jewish neophytes at the baptismal font. But he was content with the mere appearance of conversion, and offered no opposition to the Jews, although they continued to celebrate the Sabbath and to observe the laws of Judaism.
The later Merovingian kings became more and more bigoted, and their hatred of the Jews consequently increased. Clotaire II, on whom had devolved the rule of the entire Frankish empire (613), was a matricide, but was nevertheless considered a model of religious piety. He sanctioned the decisions of the Council of Paris, which forbade the Jews to hold magisterial power or to take military service (615). His son Dagobert must be counted among the most anti-Jewish monarchs in the whole history of the world. Many thousands of Jewish fugitives who had fled to the Frankish empire to escape from the fanaticism of Sisebut, king of the Visigoths, roused the jealousy of this sensual monarch, who was ashamed of being considered inferior to his Visigothic contemporary and of manifesting less religious zeal. He therefore issued a decree, wherein he declared that the entire Jewish population of the Frankish empire must either embrace Christianity before a certain day, or be treated as enemies and be put to death (about 629).
The more the authority of the Merovingian fainéants, as they have been called, declined, and the more the power of the politic and cautious stewards, Pepin's descendants, rose, the greater was the exemption from persecution and torture enjoyed by the Jews. The predecessors of Charlemagne seem to have felt that the Jews were a useful class of men, whose activity and intellectual capabilities could not but be advantageous to the state. The slave trade alone remained a standing subject of legislation in the Councils; but in spite of their zeal they were unable to abolish the traffic in human beings, because their condemnation applied to only one phase of the trade.
The Jews of Germany are to be regarded merely as colonies of the Frankish Jews, and such of them as lived in Austrasia, a province subject to the Merovingian kings, shared the same fate as their brethren in France. According to a chronicle, the most ancient Jews in the Rhine district are said to have been the descendants of the legionaries who took part in the destruction of the Temple. From the vast horde of Jewish prisoners, the Vangioni had chosen the most beautiful women, had brought them back to their stations on the shores of the Rhine and the Main, and had compelled them to minister to the satisfaction of their desires. The children thus begotten of Jewish and Germanic parents were brought up by their mothers in the Jewish faith, their fathers not troubling themselves about them. It is these children who are said to have been the founders of the first Jewish communities between Worms and Mayence. It is certain that a Jewish congregation existed in the Roman colony, the city of Cologne, long before Christianity had been raised to power by Constantine. The heads of the community and its most respected members had obtained from the heathen emperors the privilege of exemption from the onerous municipal offices. The first Christian emperor, however, narrowed the limits of this immunity, exempting only two or three families. The Jews of Cologne enjoyed also the privilege of exercising their own jurisdiction, which they were allowed to retain until the Middle Ages. A non-Jewish plaintiff, even though he were a priest, was obliged to bring his suit against a Jew before the Jewish judge (bishop of the Jews).
While the history of the Jews in Byzantium, Italy, and France possesses interest for special students, that of their brethren in the Pyrenean peninsula rises to the height of universal importance. The Jewish inhabitants of this happy peninsula contributed by their hearty interest to the greatness of the country, which they loved as only a fatherland can be loved, and in so doing achieved world-wide reputation. Jewish Spain contributed almost as much to the development of Judaism as Judæa and Babylonia, and as in these countries, so every spot in this new home has become classic for the Jewish race. Cordova, Granada, and Toledo are as familiar to the Jews as Jerusalem and Tiberias, and almost more so than Nahardea and Sora. When Judaism had come to a standstill in the East, and had grown weak with age, it acquired new vigor in Spain, and extended its fruitful influence over a wide sphere. Spain seemed to be destined by Providence to become a new center for the members of the dispersed race, where their spirit could revive, and to which they could point with pride.
The first settlement of the Jews in beautiful Hesperia is buried in dim obscurity. It is certain that they went thither as early as the time of the Roman Republic, as free men, to take advantage of the rich resources of this country.
The victims of the unhappy insurrections under Vespasian, Titus, and Hadrian were also dispersed to the extreme west, and an exaggerated account relates that 80,000 of them were carried off to Spain as prisoners. They probably did not remain long in slavery; the sympathy of their free brethren undoubtedly hastened to ransom them, and thus fulfil the most important of the duties prescribed by Talmudical Judaism to its adherents. How numerously the Jews had settled in some parts of Spain is shown by the names which they conferred upon these localities. The city of Granada was called the city of the Jews in former times, on account of its being entirely inhabited by them: the same name was also borne by the ancient town of Tarragona (Tarracona), before its conquest by the Arabs. In Cordova there existed a Jewish gateway of ancient date, and near Saragossa there was a fortress which at the time of the Arabs was called Ruta al Jahud. In the neighborhood of Tortosa a gravestone was found with both a Hebrew and a national name. This memorial was inscribed in three languages – Hebrew, Greek, and Latin; the Jews must, therefore, have emigrated at an early period from a Greek district to the north of Spain, and acquired the Latin language, without forgetting that of the Holy Writings.