The State and the Jew

    The Novella (New Law) III of Theodosius II makes a direct attack on the Jewish religion by reenacting a law which forbade the building of new Jewish synagogues. This prohibition was known a generation before this. It was reenacted now, probably to pacify the aroused Christian mob in the Eastern Empire which desired to crush the religious spirit of the Jews who were massing at Jerusalem and confidently looking forward to the coming of a Messianic redeemer in 440. This disability, later taken over by some Moslem states, was reenunciated by the Church which sought to arrest the progress of Judaism, its old rival.

    A Latin law of Justinian (527-565), the final selection, does not allow a Jew to bear witness in court against an orthodox Christian. Thus as early as the sixth century the Jews were already laboring under social, economic, civil, political, and religious disabilities.

 

I. A Law of Constantine the Great. October 18, 315 CONCERNING JEWS, HEAVEN-WORSHIPPERS,* AND SAMARITANS

    We wish to make it known to the Jews and their elders and their patriarchs that if, after the enactment of this law any one of them dares to attack with stones or some other manifestation of anger another who his fled their dangerous sect and attached himself to the worship of God [Christianity], he must speedily be given to the flames and burnt together with all his accomplices.

    Moreover, if any one of the population should join their abominable sect and attend their meetings, he will bear with them the deserved penalties.

*Heaven-Worshippers were a sect closely allied to Judaism.

 

II. Laws of Constantius, August 13, 339 CONCERNING JEWS, HEAVEN-WORSHIPPERS,* AND SAMARITANS

T    his pertains to women, who live in our weaving factories and whom Jews, in their foulness, take in marriage. It is decreed that these women are to be restored to the weaving factories. [Marriages between Jews and Christian women of the imperial weaving factory are to be dissolved.]

    This prohibition [of intermarriage] is to be preserved for the future lest the Jews induce Christian women to share their shameful lives. If they do this they will subject themselves to a sentence of death. [The Jewish husbands are to be punished with death.]

A JEW SHALL NOT POSSESS A CHRISTIAN SLAVE

    If any one among the Jews has purchased a slave of another sect or nation, that slave shall at once be appropriated for the imperial treasury.

    If, indeed, he shall have circumcised the slave whom he has purchased, he will not only be fined for the damage done to that slave but he will also receive capital punishment.

    If, indeed, a Jew does not hesitate to purchase slaves- those who are members of the faith that is worthy of respect [Christianity] then all these slaves who are found in his possession shall at once be removed. No delay shall be occasioned, but he is to be deprived of the possession of those men who are Christians.

 

III. A Law of Theodosius II, January 31, 439 NOVELLA III: CONCERNING JEWS, SAMARITANS, HERETICS AND PAGANS

    Wherefore, although according to an old saying [of the Greek Hippocrates, the "Father" of medicine] "no cure is to be applied in desperate sicknesses," nevertheless, in order that these dangerous sects which are unmindful of our times may not spread into life the more freely, in indiscriminate disorder as it were we ordain by this law to be valid for all time:

    No Jew- or no Samaritan who subscribes to neither [the Jewish nor the Christian] religion- shall obtain offices and dignities: to none shall the administration of city service be permitted nor shall anyone exercise the office of a defender [that is, overseer] of the city. Indeed, we believe it sinful that the enemies of the heavenly majesty and of the Roman laws should become the executors of our laws- the administration of which they have slyly obtained and that they, fortified by the authority of the acquired rank, should have the power to judge or decide as the wish against Christians, yes, frequently even over bishops of our holy reIigion themselves, and thus, as if were, insult our faith.

    Moreover, for the same reason, we forbid that any synagogue shall rise as a new building. [Fewer synagogues meant less chance of Christians becoming Jews.] However, the propping of old synagogues which are now threatened with imminent ruin is permitted.

    To these things we add that he who misleads a slave or freeman

 

The Church and the Jew

Pope Innocent

    …Also the Christians shall be compelled, if necessary, through Church punishment from which an appeal will be disregarded, to abstain from business relations with Jews. [Innocent, in the preceding paragraph, threatens the Jews with a social and economic boycott if the interest they exact is excessive, and if they refuse to pay back some of the money they have thus received. Those Christians who persist in associating with Jews who exact a high rate of interest will be excornmunicated.]

    Moreover, we command the princes that they should not be hostile to the Christians because of this, but should rather seek to restrain the Jews from, so great an oppression.

[The Christian princes, to whom the Jews were a lucrative source of revenue, encouraged the Jews in their money-lending and supported them with the authority of the state. The princes would resent the interference of the Church.]

    And under threat of the same penalty we decree that Jews should be compelled to make good the tithes and dues owed to the churches which the churches have been accustomed to receive from the houses and other possessions of the Christians before they came into the possession of the Jews, regardless of the circumstances, so that the Church be preserved against loss.

[As early as 1068 the Church, at Gerona, Spain, sought to compel the Jews to pay to it a tithe on the produce of Jewish lands which had once been in Christian possession.]

 

II. THAT JEWS SHOULD BE DISTINGUISHED FROM CHRISTIANS IN DRESS

    In some provinces a difference in dress distinguishes the Jews or Saracens from the Christians, but in certain others such a confusion has grown up that they cannot be distinguished by any difference. Thus it happens at times that through error Christians have relations with the women of Jews or Saracens, and Jews or Saracens with Christian women. Therefore, that they may not, under pretext of error of this sort, excuse themselves in the future for the excesses of such prohibited intercourse, we decree that such Jews and Saracens of both sexes in every Christian province and at all times shall be marked off in the eyes of the public from other peoples through the character of their dress. Particularly, since it may be read in the writing of Moses [Numbers 15:37-41] that this very law has been enjoined upon them.

    [In Aragon and parts of France, some Jews, even before this time, wore a distinctive dress, and in the Moslem lands they had been compelled to wear a garb of their own for centuries, Innocent’s demand that Jews be easily distinguished shows that Jews in his day were different from Gentiles neither in speech nor in dress. Innocent's reason for insistence on separating Jews from Gentiles was that separation prevented intermarriage and the consequent losses to the Christian religion. The result of this law was that a number of states legislated that the Jews wear the "badge of shame."]

    Moreover, during the last three days before Easter and especially on Good Friday, they shall not go forth in public at all, for the reason that some of them on these very days, as we hear, do not blush to go forth better dressed and are not afraid to mock the Christians who maintain the memory of the most holy Passion by wearing signs of mourning.

    This however, we forbid most severely, that any one should presume at all to break forth in insult to the Redeemer. And since we ought not to ignore any insult to Him who blotted out our disgraceful deeds, we command that such impudent fellows be checked by the secular princes by imposing on them proper punishment so that they shaII not at all presume to blaspheme Him who was crucified for us.

[As early as 538 the Church, at the Third Council of Orleans, ordered that the Jews stay indoors on the Easter holidays. Innocent demands that Jews who go about well dressed during the days before Easter be punished, for to dress well on the anniversary of the suffering and the crucifixion of Jesus is an insult to Christians.]

 

Ill. THAT JEWS NOT BE APPOINTED TO PUBLIC OFFICES

    Since it would be altogether too absurd that a blasphemer of Christ should exercise authority over Christians, we, in this chapter, renew, because of the boldness of transgressors, what the Toledo Council has prudently decreed in this matter. We forbid that Jews be preferred for public offices since by pretext of some sort they manifest as much hostility to Christian's as possible. If, moreover, any one should thus turn over an office too them, after due warning he shall be checked by a severe punishment, as is fit, by the provincial council which we command to meet every year. Indeed the association of Christians with such a Jewish official in commercial and other matters shall not be allowed until whatever he has gotten from Christians through the office is transferred to the use of poor Christians, as the diocesan bishop shall carefully direct. And he shall be dismissed in disgrace from the office which he has impiously assumed. We extend the application of this law also to pagans.

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