The theological and canon law revolutions

The beginning ofthe second millennium brought enormouseconomic, political and religious changes within themedieval society. All of them altered the official attitude of the most important European political playerstowards Jews - both the rulers and theChurch -preparing theway for a conceptual legalaswellas theological redefini­ tion oftheir position within Western Christianity.

The legal movebythe emperor of the Holy Roman Empire, the most powerful playeron the European stage, resulted with a creation of the servi camerae con­ cept. But this changewas combined with a simultaneous theological development.

Both didnot takeplace in the void. They were prepared bymassive changes and divisions within medievalChristianity, the so called Eastern Schism, a split of it into itsEastern andWestern wings in 1054 connected witha spread of dangerous heresies such as the Catharone, and the Middle East Crusades. Crusades and all the other crises put finances at the very center ofEuropean politics, and right at the very center ofthe European finances stood also the European Jews.14 At the beginning ofthe second millennium, the medieval society was also transforming itselfinto a rapidly rising economy and Jews suddenly became recognizable as anindispensable partof this development, being at the same timereligiously and

Middle Ages, Wayne State University Press - Israel Academy of Sciences and Humanities, De­

troit-Jerusalem 1997.

14 The Crusades comprised all military actions aimed both at the Muslims, pagans, heretics as well as Christians. Jerusalem, where the holy sites and relics of Christianity were located, was captured by the Muslims in 638 and cut off from a Christian world. Since then it was considered to be a “lost” Christian world to be regained again. Christianity was yet too weak to do this. But when Jerusalem was captured in 1072 by Seljuk Turks it took little time to activate a Christian spirit shocked by this fact, as well as by a capture of relics which were taken deep into Persia. At the Synod of Clermont in November of 1095 the pope Urban II declared a crusade to recapture Jerusalem with Holy sites and relics. The immediate reasons were pressing as well: the continious aggression of the Muslim rulers against Christianity who essentially cut off Christian pilgrimages, a request of the Christian emperor of the Byzantine Empire Alexis I threatened by the Turks, a rivalry between the universal powers of the papacy and the Roman German empire. The pope promised to absolve the knights who took part in the crusade of sins, promised some material advantages and peasant’s liberty from serfdom for taking part in it. Yet a truly authentic and huge Christian spirit of faith was combined with social and economic factors: a desire of Italian cities to enlarge their sea lanes, an “unemployment” of a mass of knights without land and their enforced by the papacy idleness caused by so called “God’s Peace”, a ban on feudal conflicts. Finally her­

esies, famine, epidemics of 1089-1095, all caused a combination of factors waiting for a release.

SeeT. Madden, The New Concise History of the Crusades, Rowman & Littlefield, Lanham 2005.

1. Jews and the Middle Age Christian society 33 culturally alienwith a strategic position ofChristianity already much strongerthan during the times of Charles the Great. Jewish “service nomadism” became strik­ inglyvisible, whichrequired newconceptual efforts torespond to allkinds of ten­

sions. The estate society was atthesame time solidifyingand Jewsdid not fit into that.Theyseemedto be on the one hand outside ofit and on the other,as “service nomads”,indispensable to it, on whom therulers, thechurch, the nobility and the burghers depended for cash.

All such events suddenly made the “Jewish Question”visibleonceagain since Jews, by the very fact of their economic positionand religiosity, were vulnerable to changes and crisesin Europe and the corresponding changes inconsciousness.It was then, atthe time oftheCrusades, thatthe roads between Western Christianitas and rabbinicalJudaism finally parted, ending the centuries of preparations for that move. The Crusades immediately exploded with social fervor, anarchy and mob actionandat the same time they provided anexellent occasion to harass all who could beharassed on theroad to the HolyLand andwho were vulnerable, includ­ ing Jews. This was a dramatic change. If around the turnof the new millennium the Jewish position within theeconomy, society and theelite circles of Europe was stable, within the next two hundred years or so they became almost pariahs, while by the end of thethirteenth century they already felt threatened as agroup. Many factors contributedto thatchange but the Middle East events and the correspond­

ing crusadesseemed to be crucial here.

When the Holy Sepulcher was destroyed in 1009 by Hakim instances of per­

secutions began to occur with rising frequency inWestern Europe since Jews were again suspected of complicitywithIslam. But itwas a crucialyear of the First Cru­ sadewhich becamea turning point since “to find a year more fateful in thehistory of Judaism than 1096 would necessitate going backa thousandyears to the fall of Jerusalem. [...] 1096 marks the beginning of aharassment of theJews that, in dura­

tion and intensity, wasuniquein history[...]. To the Jew, it was a thunderclapout of the blue. Great, ill-organized hordesof nobles, knights, monks and peasants - ‘God wills it' on their lips as theyset off to free theHolyLand from the Musliminfidel -suddenly turned on the Jews. There were mutteringsthat theCrusades might better starttheirwork with the ‘infidels at home ’[...] The generalpatternofmassacreswas thesame. The perpetratorswerethesame.The perpetrators werethe paupers, ‘poor men’who had formed a sort of advance guard forthe more disciplecrusaders. [...]

The Jews were stoutly defended by the bishops[...] also by the town authorities, the clergy, [...] the kings [...] and inmany placesthe people themselves. Themassacres were clearly themob actions, reinforced by religious fanaticism. [...] Theharrow­ ing experience left a deep scaron the Jewishpsyche, especially in Germany [where]

one fourth to one third ofJewish population [also in France] [...] were killed [...]

A spiritof depression and fear became characteristic, invariably accompanied by renewed anger against Christianity, which was deprecated in veiled terms in the liturgy but openly among Jewish writers. Christians were viewed [...] as capri­ cious assassins, ever ready to strike. But outof suffering, a new heroism wasborn.

34 1. Jews and the Middle Age Christian society

A cult and tradition of martyrdomwas instituted whereby Jewswho gave their lives 'to sanctify the Name ’(KiddushhaShem) were greatly revered”.15

15 E. H. Flannery, The Anguish of the Jews..., pp. 91-93.

16 Ibid., p. 94.

17 Ibid., p. 95.

The Second Crusade in 1145-1146 brought the same “miseries”, although on a smaller scale, sincetheEmperorConrad III (1208-61), King LouisVII (1121-80) of France and the bishops, especially St.Bemard of Clairvaux (1090-1153) inter­

vened. Buttothe religious motive an economic onewas added. Thetime of the First Crusade brought more Christians into commerce and thatconfronted them head-on with the Jewishcompetitors who nearly monopolizedEuropean finances and were more flexible and proficient in trade. For this latter reason,manyJews were "deeply involved in moneylending, a practice which drewupon them thehostilityof both the clergy and the people. Pope EugeniusIII (1145-53), who called up thenewCrusade, suggested to the princes that, as an inducement to enlistment, crusaders be absolved oftheir debts to Jews.In Francetherewas no violence at theoutset butmerelya can­

cellation of debts ”.16 There wasthus a concrete financial reaction against Jews being recognized as standing at the very center of anexus of money, powerand depend­ ency when the costsofthecrusades became exorbitant and when a zeal to take part inthem wasreal and massive.There were Church peoplesuch as, for instancePeter the Venerable, the abbot of Cluny (1092-1152),whowrote toLouis VII (1120-1180) demanding him to punish Jews as worse than Saracens since “they defile Christand Christianity and fleece Christians ”. He declared that thecrusade should be financed from Jewish money and although not killed "like Cain, the fratricide, they should be madeto suffer fearful tormentsand preparedfor greater ignominy,foran existence worsethan death”.17

The anti-Jewish sentiment, combined witha riotoussentiment accompanying the mobs which surrounded the troops ofthe crusaders going south, did explode. The mobs operated beyond any control despite stem warnings and admonitions of bish­

ops who were nevertheless helpless to stop the persecutions, and despitestrong con­

demnationsin thepapalbulls, of thecrusaders’ atrocities.For instance, theatrocities werecondemned by PopeInnocent III, who at the same time introduced many anti-Jewish measuresduring the IV LateranCouncil.Archbishop of Mainz called upon St.Bernardfor help. St.Bernard, the renowned abbot, one of the chiefpromotersof theCrusades, demandedthatJews werenotharmed, agreeing at the same timethat they should stop collectinginterest oncrusaders’debt.

In a letter to the Archbishop of Mainz, he accused a wayward French monk Radulph who preached about Jews as the enemies ofGod and calledfor attacks on themas spreading “foolishness,[...] unauthorizedteaching, contempt for Episcopal authority and incitationto murder [...] [referringtoSt. Paul, St.Bernard wrote][...]

who isthis man that heshouldmake out the Prophet (St. Paul) to be a liar and render voidthetreasuresof Christ slove and pity. [Ina letterto the English he wrote] It is an

1. Jews and the Middle Age Christian society 35 act of Christian pietyboth 'to vanquish theproud’and also ‘to spare the subjected’, especiallythose for whom we have a law and apromise, and whose flesh was shared by Christwhose name be blessed forever’’.™

The history of Western Christianity had itsown logic. The Church, as mentioned, wasacarrierof civilization in the Dark Ages after thecollapse of the Western Roman Empire and only occasionally did it engage in any overtdeclaration towards Jews withinthe contextofdifferentstateswhichwerecreated on theruinsofthe Empire.

It was mainly focused on battling some most dangerous heresies inside Christian­ ity. Jews were just seen in this general context, and only occasionally the Church authorities,the local aswellasthe highest ones, issued statements concerning them.

Thus, for instance a Trulanic Synod (692) prohibited Christians onpain of excom­

municationfrom beingtreated by Jewishdoctors,bathing in public baths with Jews or socializing with them. The Synod of Narbonne (1050) prohibited Christians from living in Jewishhomes.The Synod of Gerona (1078) required Jews to pay taxes to supporttheChurch.

The Third Lateran Council (1179) in canon 26 prohibitedcertain medical care to be provided by Christians to Jews, did not permit themto be plaintiffs testify­ ingagainst Christians in the courts andwithheld inheritance from the descendants who accepted Christianity.’’TheChurch lawconcerning Jews having Christian serv­ ants was confirmed.Even Christians who lived among Jews were excommunicated.

Their testimony was to be preferredto that ofJews. Inprinciple there was greater property protection quaranteed tothe Jewish converts to Catholicism. Itwasnotto be confiscated from them, aclear move against rulers, who usually were taking such propertyof convertedJewson the ground that it belonged to themby right, a right which mighthave been derived from a general servi camerae law claimed already atthattime by theemperor. But themain reason forsuch anactionof the rulerwas the fact that a converted Jewcould not be a money-lender. Thusthe ruler considered such achange detrimental to himandhence his claim of compensation. The Council alsotightened the Churchlawsagainstusury. Christians who died and hadbeen en­

gaged in usury practices couldnot beburied as they died insin. But such arule was pushing Jews more and more to the money-lending business of usury. Increasingly throwing the entire business of money-lending more and more into their hands.

18 In Bernard of Clairvaux, Letters of St.Bernard, transl. by B. S. James, H. Regnery Co., Chicago 1953, p. 462, 465. The letter was sent to bishops of France and Bavaria, and when this failed St. Bernard took a risk, confronted Radulph and forced him to return to his monastery from which he left; E. H. Flannery, The Anguish of the Jews..., p. 94.

19 The information concerning the Church legislation towards Jews is taken from I. Sing­

er et al. (eds.), The Jewish Encyclopedia, Funk and Wagnalis, New York 1901-1906, at <http://

www.jewishencyclopedia.com>; J. R. Marcus, M. Saperstein, The Jew in the Medieval World.

A Source Book, 315-1791, Hebrew Union College Press, New York 1999; E. A. Synan, The Popes and the Jews in the Middle Ages, Macmillan, New York 1965; S. Simonsohn (ed.), The Apostolic See and the Jews. Documents 492-1404, Pontifical Institute of Mediaeval Studies, To­

ronto 1988; E. H. Flannery, The Anguish of the Jews...

36 1. Jews and the Middle Age Christian society

Probably themost influential medievalcouncil before theConstance Council of 1414-1418 wasthe Fourth LateranCouncil of 1215, atwhichmore rules were enacted to check usury. Christian rulers were reminded that they were to ensure that Jews werenot charging debtors too high arate ofinterest. TheChurchalso ordered them not to employ Jewish officials. Jews, in turn were ordered topaytithesfor the lands which they heldand which hadpreviouslyhad tithes paid on thembyChristian rulers.

The Church wanted to ensurethat a change of ownership wouldnot cause anymate­ rial loss to theChurch. In addition, each head of aJewish household was from then on to paya special annualtaxtothe Church at Easter.The Fourth Lateran Council, in canon 68, alsorequired Jews to weara badge, a special clothingto distinguish them from Christians. Such distinctive clothing had all kinds ofnegativeconsequences as far asthe status of Jews was concerned, although the alleged reason for makingthe distinctionwas the frequency of intercourse betweenJews and Christianwomen. In other words, thiswas a move to keep bothcommunitiesseparate.The Council wasnot original in thismove. Canon 68was an evidentcopyof alaw by CaliphOmar II (634--644), who decreedthat theChristians wereto wearblueandtheJews yellow belts.

The Council of Oxford in 1222prohibited the construction of newsynagogues.

The Synodof Viennain 1267 did not permit Jewsto dispute with simple Christian people about the principles of the Catholicfaith. The Synod of Breslauin 1267 de­

manded special Jewish quarters, and the Synod of Ofen in 1279 forbade Christians to sellorrent real estate to Jews. In turn, the Synodof Mainz in 1310 declaredthat a Christian who converted to Judaism or a baptized Jew who returned to it were defined as heretics. Sale ortransferof churcharticles to Jews was prohibitedby the Synod of Lavour, 1368. Finally, Jews were not permitted toact as agents inthe con­

clusion of contracts between Christians, especially marriagecontracts,at theCouncil ofBasel in 1434.

The relationship oftheChurchtothe Jewsstemmed traditionally from three fac­ tual considerations ofa long pedigree. The first one was canonical. Itwas basedon aprinciple that theChurch did not claimanyjurisdiction over persons whohad not been baptized. For this reason, the relations of the popes to the Jewsin the Middle Ages were limited to regulations which were mainlypolitical, commercial and social and pertainedto conditions under which Jews might interact and reside inChristian states. Thesecond consideration was monarchical andfeudal and pertained only to thepapal states.As sovereigns of thepapalstate, especially since the grant of Pepin the Short to the papacy in 756, popes, as rulers, had full rights to legislate on the status of their Jewishsubjects. Thethird considerationstemmed from the very fact of the Christian paideia, that is from anunderstanding that popes were thespiritual heads ofChristendom, especially sincea recognition of Christianity by Charles the Great as an official moral force behind thebuilding of his new empire. So Christi­

anity became gradually a dominant cultural andreligious code of the post-Roman Europe with popesasguarantors of its spiritualfunctioning.

ButthemedievalPopeswerealso universal rulers.The doctrine of sacrum andpro­

fanam of St. Augustine,and a doctrine of the“two swords” promulgatedofPope

Gela-1. Jews and the Middle Age Christian society 37 sius I in 494, actedonbyGregoryVII during a fight over the investiture and finallyse­ cured by theConcordat ofWorms in 1122, gavetheChurchtheright to secure plurality of powerswithin Christianitasj.e. an abilityto guard,rootedina dispersed sovereignty, the general European constitutional order.20 They were thusarbiters lying outside the normalpoliticalprocesswhile at thesametimeguaranteeingand stabilizing it. It was in that capacity that the popes often took voluntary action on behalfof the Jews,protecting them against persecutions. That was done either because of the Jewish requests or stemmed from general theologicalprinciples to be upheld in the light of St.Paul’sand St. Augustine’s doctrines concerning the role of Jews within the Christian, historical plan of redemption. The popeswerehere either themediators as thehighestecclesiasti­ calauthorities equal to anymonarch including theemperorand notsubject to hisrule, or as guardians of the general principles of the Christian order violated by these rulers.

20 Gelasius (492-496) made a distinction between “two powers” or “two swords”. In 494 Gelasius wrote a letter to emperor Anastasius, known as Duo sint. In the letter the pope establ­

ished the dualistic principle which would form a basics of the Western political thought for an­

other millennium. This dualistic principle dividing power between the “holy authority of bishops”

auctoritas sacrate pontificum and “the royal power” regalis potestas. These two powers made the mundane as well as the spiritual powers to be both independent and cooperating. They were independent in their own spheres of operation but had to work in harmony.

TheChurch thusacted in public in such three-dimensional formsupholding the principles which governed the Christianpaideia. In practice the general principles governing the Popes’ policies towards Jews, also towards and sometimes against the local synods and church authorities, were related to the general principles con­

cerningJews, already established bythe Justinian Code of527. The first principle

cerningJews, already established bythe Justinian Code of527. The first principle