Popes and Jews, 1095-1291

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74 Popes and Jews, 1095–1291


the reasons for this were fourfold. first, since the Jews’ acceptance of the old


Testament was a disinterested testimony to the truth of biblical christological


prophecy, the Jews were therefore a living testimony to the truth of christianity.


Secondly, their suffering as a result of their diaspora showed that God had punished


them for rejecting christ. hence their responsibility for his death and their disper-


sion was a testimony to the error of Judaism and the truth of christianity. Thirdly,


Jews reminded christians of the difference between the old carnal israel and the


new spiritual israel. Lastly, as a rhetorical personification of carnality and sin, Jews


constantly reminded christians that sin was part of the human condition.


Alongside such Pauline and Augustinian theology, the papacy had long held that


the rights of Jews living within christian society must be legally restricted. in


particular it came to rely on the fifth-century Theodosian code, a set of laws prom-


ulgated in 438 which were a comprehensive compilation of imperial constitutions


covering reigns of all emperors from constantine i (272–337) to Theodosius ii


(401–450) and which—considering its scope and magnitude—contained a sur-


prisingly detailed blueprint for the treatment of Jews in christian society.50 it


restricted the erection of new synagogues, threatened the curtailment of privileges


if Jews insulted christianity, and forbade Jews from owning christian slaves.51 Yet


it also protected basic rights for Jews: affirming their citizenship, allowing them to


set their own market prices and rules, specifying that they should exercise ordinary


jurisdiction in ritual matters, allowing recourse to arbiters in civil affairs, and out-


lawing attacks on synagogues. Perhaps most significantly it granted Jews due legal


process, forbidding christians to call them to court on the Jewish Sabbath and


prohibiting arbitrary cancellation of their rights.52 The code of Justinian was also


important since it legislated that synagogues should not be allowed to exist on land


belonging to an ecclesiastical institution—indeed the emperor Justinian (c.482–565)


had himself ordered that all existing synagogues in the empire be converted into


churches.


So from the fifth century onwards the papacy insisted on the implementation of


the Theodosian code concerning Jews and pursued an agenda of simultaneous


protection and restriction. With the pontificate of Gregory i in the sixth century


came further elaboration of that position. What is striking about Gregory’s corres-


pondence is how—in the context of his day—his stance towards Jews was so


comparatively mild; in over twenty of his letters he expressed approval of the pro-


tection the Theodosian code demanded. in ‘Sicut iudaeis’, which, as we have seen,


became the basis for the twelfth-century letter of protection, the ‘constitutio pro


iudaeis’, he argued that although Jews should not be accorded any liberties beyond


those allowed in civil law, within that law they should not suffer discrimination.


furthermore, although he insisted, in line with the Theodosian code, that the


pp.328–9; St Augustine, Adversus Iudaeos, ed. deferrari, pp.391–414, passim; De civitate Dei 1, ed.
dombart, Kalb, Bk 4, ch. 34, pp.188–9; Vol. 2, Bk 18, ch. 46, pp.328–9.


50 Codex Theodosianus 16,8,1– 29 , trans. P. Lang (Bern, frankfurt, New York, Paris, 1991), pp.84–159.
51 Mark cohen, Under Crescent and Cross: the Jews in the Middle Ages (Princeton, 1994), pp.32–5.
52 Codex Theodosianus 16,8,1– 29 , trans. Lang, pp.84–159, passim. See Stow, Alienated Minority,
p.23; cohen, Under Crescent and Cross, pp.32–4.

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