katz (solomon)_pope gregory the great and the jews

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Center for Advanced Judaic Studies, University of Pennsylvania Pope Gregory the Great and the Jews Author(s): Solomon Katz Source: The Jewish Quarterly Review, New Series, Vol. 24, No. 2 (Oct., 1933), pp. 113-136 Published by: University of Pennsylvania Press Stable URL: http://www.jstor.org/stable/1451470 . Accessed: 28/09/2013 07:21 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . University of Pennsylvania Press and Center for Advanced Judaic Studies, University of Pennsylvania are collaborating with JSTOR to digitize, preserve and extend access to The Jewish Quarterly Review. http://www.jstor.org This content downloaded from 193.54.110.35 on Sat, 28 Sep 2013 07:21:12 AM All use subject to JSTOR Terms and Conditions

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Center for Advanced Judaic Studies, University of Pennsylvania

Pope Gregory the Great and the JewsAuthor(s): Solomon KatzSource: The Jewish Quarterly Review, New Series, Vol. 24, No. 2 (Oct., 1933), pp. 113-136Published by: University of Pennsylvania PressStable URL: http://www.jstor.org/stable/1451470 .

Accessed: 28/09/2013 07:21

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

University of Pennsylvania Press and Center for Advanced Judaic Studies, University of Pennsylvania arecollaborating with JSTOR to digitize, preserve and extend access to The Jewish Quarterly Review.

http://www.jstor.org

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POPE GREGORY THE GREAT AND THE JEWS'

By SOLOMON KATZ, Cornell University

"Les vingt-quatre lettres de Gr6goire le Grand .... nous int6ressent au plus haut degr6, car les dispositions qu'elles contiennent sont prises en conformit6 avec le droit romain: c'est du droit romain appliqu .... C'est pour avoir meconnu ce fait que la plupart des auteurs qui ont trait6 de la conduite de Gr6goire envers les Juifs virent de l'inconsequence dans la politique du

pape 1l oiu il n'y avait qu' application stricte du droit romain: protection des synagogues juives et interdiction d'avoir des esclaves chr6tiens."2

A STUDY of those writers who have treated either in brief or in detail the relations of Pope Gregory the Great and the

' The following abbreviations will be used in this paper: C. J.-Codex Justinianus, ed. P. Krueger, Berlin, 1915; Cod. Theod.-Codex Theodo- sianus, ed. Th. Mommsen and P. M. Meyer, Berlin, 1905; Const. Sirm. -Constitutio Sirmondiana, ed. Mommsen and Meyer, Berlin, 1905; Ep.-Epistulae; H. E.-Historia Ecclesiastica; Jaffe, Regesta-Ph. Jaffe, Regesta Pontificum Romanorum ab condita ecclesia ad annum Christum natum MCXCVIII, 2 vols., Leipzig, 1885-1888; MGH-Monumenta Germaniae historica, Auct. Ant.-Auctores antiquissimi, Script. Merov.- Scriptores rerum Merovingicarum; Mansi-Mansi-Welter, Sanctorum Conciliorum amplissima collectio; Nov. Just.-Novellae Justiniani, ed. Sch6ll-Kroll, Berlin, 1928; Nov. Theod.-Novellae Theodosii, ed. Momm- sen and Meyer, Berlin, 1905; PG-J. Migne, Patrologiae cursus com- pletus, series Graeca; PL-J. Migne, Patrologiae cursus completus, series Latina; Potthast, Regesta-Aug. Potthast, Regesta Pontificum Romanorum inde ab a. post Christum natum MCXCVIII ad a. MCCCIV, 2 vols., Berlin, 1874-75; Raynaldus-O. Raynaldus, Annales ecclesiastici ab a. quo desiit Caes. Baronius 1198 usque ad a. 1565, Vols. 13-20, Rome, 1646-63; REJ-Revue des etudes juives, Paris, 1880 ff.

2 Juster, Jean, Les Juifs dans l'empire romain, Paris, 1914, I, p. 81, note 3.

113

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114 THE JEWISH QUARTERLY REVIEW

Jews is a convincing testimony to the cogency of Juster's criticism. The older authorities for Gregory's life and work3 fail entirely to see the connection between Roman law and

Gregory's disposition of cases regarding Jews. Dudden,4 whose work on Gregory is the most authoritative, has only a brief reference to the "Imperial law." In a scholarly article,5 the value of which is vitiated by a marked anti-

Jewish prejudice, Erler mentions briefly Gregory's use of

Roman law. G6rres' article6 is valuable only for the light it throws on Gregory's correspondence with the Visigothic king, Recared. Beyond that, Gbrres gives a mere r6sume of the earlier literature on Gregory's relations with the Jews as indicated by eight of his letters. None of the historians of the Jews7 has recognized Gregory's dependence upon Roman law; Vogelstein and Rieger8 have a comparatively full account of the Roman law concerning the Jews, but

they do little more than suggest by implication Gregory's own dependence upon that law.

In that period of Sturm und Drang when the history of

s Lau, G. J. T., Gregor I. der Grosse, Leipzig, 1845, pp. 132-134; Baxmann, Rudolf, Die Politik der Pdpste von Gregor I. bis auf Gregor VII, Elberfeld, 1868, I, pp. 145-146; Langen, Joseph, Geschichte der romischen Kirche von Leo I bis Nicolaus I, Bonn, 1885, II, passim.

4 Dudden, F. H., Gregory the Great: His Place in History and Thought, London, 1905, II, pp. 151-158.

5 Erler, L., "Die Juden Italiens im Mittelalter," Archivfiir katholisches Kirchenrecht, XLVIII (1882), pp. 5-12.

6 Gorres, Franz, "Papst Gregor I. der Grosse, (590-604) und das Judentum", Zeitschrift fur wissenschaftliche Theologie, L (1908), pp. 489-505.

7 Jost, J. M., Geschichte der Israeliten seit der Zeit der Maccabder bis auf unsere Tage, Berlin, 1825, V, pp. 91-103; Graetz, Heinrich, Geschichte der Juden von den dltesten Zeiten bis auf die Gegenwart, Leipzig, 1895, V (ed. 3), pp. 40-42; Dubnow, Simeon, Weltgeschichte desjiidischen Volkes von seinen Uranfingen bis zur Gegenwart, Berlin, 1926, IV, pp. 31-35; Giidemann, Moritz, Geschichte des Erziehungswesens und der Kultur der Juden in Italien wdhrend des Mittelalters, Wien, 1884, pp. 26-30.

s Vogelstein, H., and P. Rieger, Geschichte der Juden in Rom, Berlin, 1895, I, pp. 132-135.

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 115

the Jews was a history of their persecution,9 Gregory's treatment of the Jews is conspicuous for its humanity.'? Because this enlightened attitude was sometimes followed

by his successors in the See of Peter," a reexamination of

his voluminous correspondence12 may serve as a Vorarbeit

9 The Christian sources for the persecution of the Jews, e.g., Gregory of Tours, Historia Francorum, and the Visigothic legislation, will be mentioned later. These sources may be supplemented by brief notices in the later historical accounts by Jewish writers: the Emek habacha of Joseph ha Cohen (1497-1575), Vienna, 1852, the Schevet Jehuda of Salomon ibn Verga (15th-16th centuries), Hanover, 1856, and the Consolacam as tribula~oens de Ysrael of Samuel Usque (16th century), Coimbra, 1906-08. Since these Jewish sources are late and themselves very often dependent upon secondary sources, they must be accepted only cum grano salis. For the whole question of their historical value see Loeb, Isidore, "Josef Haccohen et les chroniqueurs juifs", REJ, XVI (1888), pp. 28-56, 211-235; XVII (1888), pp. 74-95, 247-271.

I0 Cf. Giidemann, op. cit., p. 26, " .. im Uebrigen legt er (Gregory) manche Ziige von Gerechtigkeit, ja von Wohlwollen gegen die Juden an den Tag, und die jiidische Geschichte, die so viele schlimmere Papste kennen gelernt hat, mag deshalb sein Andanken wohl in Ehren halten."

" That the Jews suffered grievously under many of the Popes is apparent from even as ardent a defensor fidei as Erler, L., op. cit., pp. 3-52, and "Die Papste und die Juden", Archiv fur katholisches Kirchenrecht, XLVIII (1882), pp. 369-416; L (1883), pp. 3-64; LIII (1885), pp. 3-70. Many of the Popes, however, issued "Schutzbulle" for the Jews, after the model of Gregory, and such Bulls must be mentioned, although very often they remained dead-letter under the very Popes who issued them.

12 The references in this article are to the definitive edition by Paul Ewald and L. M. Hartmann, Gregorii I papae registrum epistularum, 2 vols., Berlin, 1887-99, (Monumenta Germaniae Historica (MGH), Epistolae, I, II). This splendid edition has superseded all others.

Juster, op. cit., I, p. 81, note 2, enumerates twenty-four of the letters which refer to the Jews: Ep., i. 34 (March, 591); 45 (June, 591); 66 (August, 591); 69 (August, 591). ii. 6 (September-October, 591); 38 (July, 592). iii. 37 (May, 593). iv. 9 (September, 593); 21 (May, 594); 31 (July, 594). v. 7 (October, 594). vi. 29 (August, 596). vii. 21 (May, 597); 41 (August, 597). viii. 23 (May, 598); 25 (June, 598). ix. 38 (October, 598); 40 (October, 598); 104 (February, 599); 195 (July, 599); 213 (July, 599); 228 (August, 599). xiii. 3 (September, 602) (The date 603 found in MGH and in Juster is obviously a typographical error); 15 (November, 602).

Juster's enumeration is followed by H. Leclercq in his article "Judaisme" in Dictionnaire d'archeologie chretienne et de liturgie, Paris,

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116 THE JEWISH QUARTERLY REVIEW

to a more complete study of the position of the Jews in the

Middle Ages.

As early as the second century C.E., the wide extent of

the Diaspora found expression in the oracles of the Jewish

Sibyl: "and every land shall be full of thee and every sea."'3

Strabo says that "even in Sulla's time a Jewish element

had penetrated into every city, and there is hardly a place

in the world which has not admitted this people and is not

possessed by it."I4 Exaggerated though these statements

may be, even as was that of Josephus's that there is no

people in the world who have not some Jews among them,

such remarks, nevertheless, bear witness to the wide

dispersion of the Jewish people.

In this paper I shall consider only the places mentioned

in the letters of Gregory about the Jews. In Italy,'6 Jews

were found, among other places, at Terracina,17 Lunegiano

1928, VIII, part 1, col. 30. Leclercq, it may be added, is almost entirely indebted to Juster for his material in this article, although he makes no general acknowledgment of this fact.

F. Vernet, in his article "Juifs, controverses avec les" in Dictionnaire de theologie catholique, Paris, 1925, VIII, part 2, col. 1882, makes the astonishing statement that Gregory has more than fifty letters relating to the Jews. After a careful examination of all the extant letters of Gregory in the MGH, I find that Juster's enumeration is substantially correct. i. 42 (May, 591) should be added to his list. It is not so impor- tant to add ix. 215 (July, 599), to the list, since it repeats verbatim the reference to the Jews in ix. 213.

3 Oracula Sibyllina, iii. 271 (raaoa b 'yata aOev TrXpptls Kal Iraaa OaXaaaa), ed. A. Rzach, Vienna, 1891, p. 62; English translation in Apocrypha and Pseudepigrapha of the Old Testament, ed. R. H. Charles, Oxford, 1913, II, pp. 383 ff.

4 Strabo, fragment 6, cited by Josephus, Ant. Jud., xvi. 7.2. IS Josephus, Bell. Jud., ii. 16.4; vii. 3.3. 16 Juster, op. cit., I, pp. 180-182; Vogelstein and Rieger, op. cit.,

I, passim. 7 Gregory, Ep., i. 34 (591); ii. 6 (591).

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 117

(Luna),'8 Venafro (Venafrum),I9 and Naples.20 In Sicily,2

there were Jewish inhabitants at Messina (Messana) 22

Palermo (Panormus),23 and Girgenti (Agrigentum).24 In

Sardinia, they formed a flourishing colony at Cagliari

(Caralis).25 In Spain, they settled early and were scattered

over the whole peninsula.26 In France, too, there had been

a gradual influx of the Jews at an early date.27 Gregory writes about Jews at Narbonne,28 Marseilles,29 and Arles.30

Roman law had been applied to the Jews by the pagan

emperors, and this principle continued under the Christian

emperor3'-"Judaei Romano et communi iure viventes."32 In practice, too, the Jews continued to be considered as Roman citizens after the collapse of the Western Roman

'8 Ibid., iv. 21 (594). 19 Ibid., i. 66 (591). 20 Ibid., vi. 29 (596); ix. 104 (599); xiii. 15 (602). 21 Those letters of Gregory which refer to the Jews of Sicily are

summarized by A. Holm, Geschichte Siciliens im Altertum, Berlin, 1898, III, pp. 310-311. Gregory, Ep., i. 42 (591) should be added to his list.

22 Gregory, Ep., v. 7 (594). 23 Ibid., viii. 25 (598); ix. 38 (598); ix. 40 (598). 24 Ibid., viii. 23 (598). 25 Ibid., iv. 9 (593); ix. 195 (599). 26 Juster, Jean, "La condition legale des Juifs sous les rois visigoths",

in 1tudes d'histoire juridiques offertes d Paul-Frederic Girard, Paris, 1913, II, pp. 275-335; Gregory, Ep., ix. 228 (599).

27 Aronius, Julius, Regesten zur Geschichte der Juden in frdnkischen und deutschen Reiche bis zum Jahre 1273, Berlin, 1902; Gross, Heinrich, Gallia Judaica, Paris, 1897.

28 Gregory, Ep., vii. 21 (597); Cf. Regne, J., "fltude sur la condition des Juifs de Narbonne du Ve siecle au XIIe siecle," REJ, LV (1908), pp. 1-36.

29 Gregory, Ep., i. 45 (591); Cf. Cremieux, Ad., "Les Juifs de Marseille au moyen age," REJ, XLVI (1903), pp. 1-47.

3? Gregory, Ep., i. 45 (591). 31 Juster, Les Juifs dans l'empire romain, has examined the sources

relating to the Jews of the Roman Empire, primarily those relating to their legal position.

32 Cod. Theod., II. 1.10 (397).

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118 THE JEWISH QUARTERLY REVIEW

Empire.33 Thus, the Ostrogoths under Theodoric continued to apply to the Jews the dispositions of Roman law, and he

recognized them as having the inherent rights of Roman citizens. In rebuking the people of Rome for pillaging and

burning a synagogue, he wrote,34

"Libenter annuimus, qui iura veterum ad nostram

cupimus reverentiam custodiri."

In his famous edict Theodoric proclaims,35 "Circa Iudaeos privilegia delata serventur quos inter

se iurgantes et suis viventibus legibus eos iudices habere necesse est quos habent observantiae praeceptores."

Theodoric, then, often protected the Jews in accordance with Roman law. He strongly rebuked the clergy of Milan, who had tried to make themselves masters of a synagogue and all its property.36 He censured the people of Genoa, for having abrogated all the privileges of the Jews, long resident among them, and pillaging their synagogue.37 He directed that the Jews be reinstated in their privileges and be permitted to rebuild their synagogue. The Anonymus Valesii gives one other illustration of Theodoric's attitude towards the Jews. When certain Christians had burned a

synagogue, the Jews appealed to Theodoric who ordered that the culprits pay for its restoration.38 This spirit, we shall

33 Stobbe, Otto, Die Juden in Deutschland wdhrend des Mittelalters, Berlin, 1923 (ed. 3), pp. 3 ff.; Scherer, J. E., Die Rechtsverhaltnisse der Juden in den deutsch-oesterreichischen Landern vom 10. Jahrhundert bis auf die Gegenwart, Leipzig, 1901; Juster, "La condition legale des Juifs sous les rois visigoths"; Graetz, Heinrich, "Die westgotische Gesetz- gebung in betreff der Juden", in Jahresbericht des jiidisch-theologischen Seminars, Breslau, 1858.

34 Cassiodorus, Variae, iv. 33; Cf. v. 37 (Ed. Mommsen, MGH, Auct. Ant., 12).

35 Theodoric, Edict. 143; Cf. Gregory, Ep., ii. 6 (591): "Sicut Romanis vivere legibus permittuntur (Iudaei) ..."

36 Cassiodorus, Variae, v. 37. 37 Ibid., ii. 27; iv. 33. 38 Anonymus Valesii, ch. 14 (Ed. Mommsen, MGH, Auct. Ant., 9).

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 119

see, characterized the attitude of Pope Gregory the Great.

When in 590, Gregory I, surnamed the Great, succeeded to the See of Peter, it was a question of prime importance to the Jews of Western Europe what the attitude of so influential an ecclesiastic would be. In Spain, the Jews had been and were to be systematically persecuted by action of the various councils of Toledo and by the Visigothic kings: death and expulsion were the usual alternatives to baptism. In Gaul, kings and bishops joined in an attempt to convert the Jews by forcible measures.39 It was, therefore, a moment

fraught with anxiety for the Jews when Gregory became

spiritual ruler of Western Europe.

Gregory had a deep-seated aversion to Judaism, an attitude which was not unusual in that period. He speaks of the Jewish religion as "Iudaica perditio,"40 and of the "Iudaeorum stultitia."4' He discarded the literal inter-

pretation of Scriptures which prevailed among the Jews,42 and designated their attacks upon Christianity as idle

prattle.43 Such epithets, however, appear in most of the

theological writings of the time, and they do not necessarily explain Gregory's own attitude to the Jews about whom he

39 Gregory of Tours, Historia Francorum, v. 11; vi. 17, (MGH, Script. Merov., I).

40 Gregory, Ep., iv. 31 (594); Cf. Moralia XXX.24 in Job XXXVIII (PL, LXXVI, 537C), and Homilia in Evang. X. 2 (PL, LXXVI, 1111B). Cf. the terms of opprobrium first used in the Codex Theodosianus under Constantius: "sacrilegi coetus" (Cod. Theod., XVI. 8.7); "secta nefaria" or "feralis" (Ibid., XVI. 8.1); and "perversi" (Ibid., XVI. 8.24).

4x I. Reg. Expos. I. 3.3 to II. Sam. 2.1 (PL, LXXIX, 63D). This work cannot be accepted as a genuine work of Gregory; Cf. Dudden, op. cit., I, p. ix.

42 Reg. Expos. II. 2.16 to I. Sam. 1.22 (PL, LXXIX, 97); I. Reg. Expos. III. 2.7 to I. Sam. 4.5 (PL, LXXIX, 163B); Moralia II. 32 in Job I (PL, LXXV, 581); Cf. Moralia XXIX in Job XXXVIII (PL, LXXVI, 482) and Moralia XXX in Job XXXVIII (PL, LXXVI, 523).

43 I. Reg. Expos. III. 2.7 to I. Sam. 4.5 (PL, LXXIX, 163B).

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120 THE JEWISH QUARTERLY REVIEW

writes. But his opinion of the Jews as expressed in these

terms must inevitably have influenced, at least to a degree, his treatment of the Jews.

More pertinent to our discussion of Gregory's general attitude toward the Jews is a letter which he addressed to the people of Rome in September, 602.44 Gregory was

alarmed at a Judaizing tendency which manifested itself in

the observance of the Sabbath on Saturday instead of

Sunday. He forbade the literal observance of the Sabbath

law, widespread among the Christians, on the ground that

this was Jewish.45

The principle of Gregory's policy in regard to the Jews is expressed in the following sentence, which was adopted

by many later popes as a fixed introductory formula to bulls

in favor of the Jews:

"Just as no freedom may be granted to the Jews in

their communities to exceed the limits legally set for

44 Gregory, Ep., xiii. 3 (602): "Pervenit ad me quosdam perversi spiritus homines prava inter vos aliqua et sanctae fidei adversa semi- nasse, ita ut die sabbato aliquid operari prohiberent. Quos quid aliud nisi Antichristi praedicatores dixerim? Qui veniens diem sabbatum atque dominicum ab omni faciet opere custodiri. Quia enim mori se et resurgere simulat, haberi in veneratione vult dominicum diem et, quia iudaizare populum compellit, ut exteriorem ritum legis revocet et sibi Iudaeorum perfidiam subdat, coli vult sabbatum."

Cf. Langen, op. cit., II, p. 480. 45 The persistence of this fear of "Judaizing" is shown by a capitulary

of Charlemagne which deplored the fact that Christians were celebrating Sabbath with the Jews and working on Sunday, (Capitulare Missorum Aquisgranense Alterum, A.D. 809, in MGH, Capitularia regum Franc- orum, ed. Boretius, I, p. 152, cap. 13). In 796, the thirteenth canon of the Council of Friaul (Friuli or Forajuliense) complained that the peasants were misled by the Jews to remain idle on Saturday, (Mansi, xiii. 852). A capitulary of Bishop Haito (Hetto or Hayto) of Basle, 807-823, instructed his diocese to celebrate the Sunday rest from morning to evening. It was permitted them, however, on Saturday to work all day, "lest they should be captured by Judaism," "ne in judaismo capiantur," (MGH, Capitularia, ed. Boretius, I, p. 363, cap. 8).

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 121

them, so they should in no way suffer through a viola- tion of their rights."46

In theory, then, the Jews were to be allowed to practice -their own religion and to live in accordance with the rights granted them by the Roman law.47 Soon after his accession to the Papacy, Gregory had an opportunity to apply this law to a specific case. In March, 591, the Jews at Terracina

complained that the Bishop Peter had twice turned them out of their synagogue. Gregory wrote to the Bishop reprov- ing him for his zeal and ordering him to permit the Jews to use their synagogue.48 In September-October, 591, how-

ever, Gregory received another complaint that the Jews at Terracina had again been expelled from their synagogue on

46 Gregory, Ep., viii. 25 (598): "Sicut Judaeis non debet esse licentia quicquam in synagogis suis ultra quam permissum est lege praesumere, ita in his quae eis concessa sunt nullum debent praeiudicium sustinere." Cf. Nov. Just., 146; Cassiodorus, Variae, ii. 27.

47 Cod. Theod., XVI. 8.25 (February, 423): "Placet in posterum nullas omnino synagogas Iudaeorum vel auferri passim vel flammis exuri et si quae sunt post legem recenti molimine vel ereptae synagogae vel ecclesiis vindicatae aut certe venerandis mysteriis consecratae, pro his loca eis, in quibus possint extruere, ad mensuram videlicet sublatarum, praeberi. Sed et donaria si qua sunt sublata, eisdem, si necdum sacris mysteriis sunt dedicata, reddantur, sine redhibitionem consecratio veneranda non sinit, pro his eiusdem quantitatis pretium tribuatur. Synagogae de cetero nullae protinus extruantur, veteres in sua forma permaneant."

Cod. Theod., XVI. 8.26 (April 9, 423): "Nota sunt adque omnibus divulgata nostra maiorumque decreta, quibus abominandorum pagan- orum, Iudaeorum etiam adque haereticorum spiritum audaciamque conpressimus. Libenter tamen repetendae legis occasionem amplexi Iudaeos scire volumus, quod ad eorum miserabiles preces nihil aliud sanximus, quam ut hi, qui pleraque inconsulte sub praetextu venerandae Christianitatis admittunt, ab eorum laesione persecutioneque temperent utque nunc ac deinceps synagogas eorum nullus occupet, nullus incendat."

Cod. Theod., XVI. 8.27 (June 8, 423): "Quae nuper de Iudaeis et synagogis eorum statuimus, firma permaneant; scilicet ut nec novas umquam synagogas permittantur extruere nec auferendas sibi veteres pertimescant. Cetera vero vetita in posterum sciant esse servanda, quemadmodum nuper constitutionis latae forma declarat ..."

48 Gregory, Ep., i. 34 (591).

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122 THE JEWISH QUARTERLY REVIEW

the pretext that the sound of their singing was audible in the church. Gregory in letters to Peter and the Bishops Bacauda of Formiae and Agnellus of Fundi,49 ordered that an investigation be made and another building be given the Jews for worship, if

"sic vicinus esset (that is, the location of the syna- gogue) ecclesiae ut etiam vox psallentium perveniret .... si ita esset, aut vox de eodem loco in ecclesiae ore (the vestibule) sonaret, Iudaeorum celebrationibus privaretur .... alium locum intra castellum praevi- dete, ubi praefati Hebrei conveniant, quo sua possint sine impedimento ceremonia celebrare. Talem vero fraternitas vestra praevideat, si hoc fuerint loco privati, ut nulla exinde in futuro querella nascatur ... ."

Gregory commanded, then, that the Jews be granted another location for their synagogue, according to the Roman law, "sicut Romanis vivere legibus permittuntur."50 The Jews were obliged to accept this land. Their synagogue, however, was not to be reconsecrated as a church. It may be that this measure of Gregory is explained by another Roman law, no longer extant, which forbade the Jews any synagogue in the neighborhood of a church. For under one of the Christian emperors, it was decreed that the Jews be

permitted to pray in their synagogues, provided, however, that their prayers and chants could not be heard in a neighboring church. In that case, the synagogue was to be transformed into a church, although the Jews would be free to construct another in a more isolated place.51

49 Ibid., ii. 6 (591). Cf. Ewald, Paul, "Studien zur Ausgabe des Registers Gregors I," in Neues Archiv der Gesellschaft fur iltere deutsche Geschichtskunde, III (1878), pp. 592, 608, for the relationship of this letter to i. 34.

so Gregory, Ep., ii. 6. 5s Compare the action of the Council of Narbonne (589), canon 9

(Mansi, ix. 1016), which forbade the Jews to chant their psalms at

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 123

In another contingency, where the synagogue of the Jews was not near a church, Gregory decided that the Jews were to be recompensed for the value of their synagogue, although the Roman law'2 accorded them only a simple restitution of land. The Bishop Victor of Palermo had seized the Jewish synagogue and guest chambers at Palermo. On the complaint of the Jews in Rome who were acting for the Jews of Palermo, Gregory the Great ordered Victor to return the buildings, and, in any case, not to consecrate them as churches. If Victor had any reasons for his action, he was to lay them before arbitrators chosen by the two

parties, and if the arbitrators should be unable to decide, the case was to be brought before Gregory himself. Because Victor, however, had already consecrated the buildings, the

Pope was forced to respect the fait accompli. Gregory then

charged the Patrician Venantius and the Abbot Urbicius to estimate the value of the buildings, and ordered the Bishop to pay for them and to restore the books and orna- ments which had been carried off.53

Another complaint came from the Jews of Sardinia. A newly baptized Jew named Peter had on Easter day, the morrow of his conversion, broken into the synagogue of Cagliari and deposited there a cross and his baptismal robe. Because of this the Jews could not use their synagogue. The imperial officials did not venture to remove the Chris- tian emblems, while the Archbishop of Cagliari contented himself with expressing disapproval of Peter's conduct. Gregory immediately ordered Januarius, the Archbishop, to remove the offending objects,

"quia, sicut legalis definitio Iudaeos novas non patitur

funeral services. Cf. Juster, "La condition legale des Juifs sous les rois visigoths," p. 317.

.5 Cod. Theod., XVI. 8.25. 53 Gregory, Ep., ix. 38 (598); Cf. Ibid., viii. 25 (598).

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124 THE JEWISH QUARTERLY REVIEW

erigere synagogas, ita quoque eos sine inquietudine veteres habere permittit."54

The Roman law prohibited the occupation of synagogues either directly by Christians or pagans, or indirectly by the introduction of pagan or Christian images and objects of

worship which might interfere with Jewish worship.ss Again, in writing to the Bishop of Naples, Gregory says:56

"Those who really desire to win to the true faith such as are strangers to the Christian religion should endeavor to effect their purpose by kindly words, not

by harsh actions, lest ill-treatment should repel those whom just reasoning might have attracted. Those who

act otherwise, and under this pretext, wish to restrain the Jews from observing the customary rights of their

religion, are clearly acting for themselves, rather than for God. Do not, in future, therefore, allow the Jews to be molested in the performance of their services. Let them have full liberty to observe and keep all their

festivals and holy days, as both they and their fathers have done for so long."

Gregory's own belief was that the Jews should be won to

Christianity by reason and gentle persuasion.57 In a letter

to which we have already referred, Gregory had advised the

Bishop of Terracina:58

"Those who differ from the Christian religion must

be won to the unity of the faith by gentleness, by kindness, by admonition, by exhortation, lest we repel

54 Ibid., ix. 195 (599). ss Nov. Just., 146. s6 Gregory, Ep., xiii. 15 (602); translation in Dudden, op. cit., II,

p. 155. s7 John Diac., Vita Gregorii, iv. 42 (PL, LXXV, 204): "Judaeorum per-

fidiam rationibus magis quam violentiis excutere Gregorius decertabat." s8 Gregory, Ep., i. 34 (591); translation in Dudden, op. cit., II, p. 155.

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 125

by threats and ill-treatment those who might have been allured to the faith by the charm of instruction and the

anticipated fear of the coming Judge. It is more desirable that they should assemble with kindly feelings to hear from you the Word of God, than that they should tremble at the immoderate exercise of your severity."

Although Gregory was always opposed to violent conver-

sion, he frequently offered pecuniary advantages to Jews who wished to become Christians. In July, 592, he sug- gested to Peter, rector patrimonii of Sicily,59

"quia autem multi Iudaeorum in massis ecclesiae com- manent volo, ut si qui de eis Christiani voluerint fieri, aliquanta eis pensi relaxentur, quatenus isto beneficio

provocati, tali desiderio et alii adsurgant."

Many Jews seem to have taken advantage of this remission of taxes, for in 594, Gregory gave to Anthemius, rector

patrimonii of Campania, specific details of his plan.60 According to Gregory, even if those who were baptized became converts in hope of material advantages, their chil-

dren, at least, would be won for the church.6' Gregory's plan was more effective than violence, and a number of

Jews at Girgenti expressed their willingness to become Christians. Because of the pestilence which was raging, Gregory directed that those who were anxious to be baptized before the ordinary Easter baptism might receive it on any notable festival which occurred after the lapse of forty days

s9 Gregory, Ep., ii. 38 (592). In the case of obstinate pagan coloni on the church estates, Gregory ordered that the opposite method be tried, that is, of increasing their rents. Cf. Gregory, Ep., iv. 26 and ix. 204.

60 Ibid., iv. 31 (594); Cf. Mommsen, Theodore, "Die Bewirthschaftung der Kirchenguter unter Papst Gregor I," in Gesammelte Schriften, Berlin, 1907, III, p. 185, note 39.

6i Gregory, Ep., v. 7 (594).

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126 THE JEWISH QUARTERLY REVIEW

that were to be spent in penitence and fasting. The poor among them were to be supplied with baptismal robes at the expense of the church.62

Gregory's protection of the Jews extended to other cases besides attempts at forcible conversion. In May, 591, he instructed the subdeacon of Sicily, Peter, to investigate the claims of a Jew, Salpingus, and to return to him fifty-one solidi, if his claim was found to be just, "ita ut rei alienae iniuste nullo creditor sis."63 In August, 591, Gregory intervened to prevent the persecution of Johanna, a Jewess of Sicily, who had been baptized only after her betrothal to a Christian.64 Again, in 598, the Papal defensor Candidus seized the ship of a Sicilian Jew, Nostamnus,65 and sold it in liquidation of a debt. Although the debt was thus

discharged, Candidus refused to return to Nostamnus his note-of-hand. Fantinus, defensor of Palermo, was ordered

by Pope Gregory to make an investigation, and Nostamnus was released.

Although Gregory would not sanction any persecution of the Jews or encroachment on their legal position, he was

equally resolute to prevent the Jews themselves from exceed-

ing the rights guaranteed them by Roman law. When excesses were committed, he was prompt to require punish-

62 Ibid., viii, 23 (598). In 506, the Synod at Agde decreed that Jews who became Christians should study the catechism eight months, in order that they might not return to Judaism; only if they were at the point of death were they to receive baptism before the specified time, (Concil. Agath., can. 34, Mansi, viii, 330). This regulation became part of the Canonical Law (Decretum Gratiani, iii. De consecratione, distinctio iv, c. 93, PL, CLXXXVII, 1830).

63 Gregory, Ep., i. 42 (591). 64 Ibid., i. 69 (591). Cf. Cod. Theod., III. 7.2 (C. J., I. 9.6): "Ne quis

Christianam mulierem in matrimonio Iudaeus accipiat, neque Iudaeae Christianus coniugium sortiatur. Nam si quis aliquid huiusmodi admiserit, adulterii vicem commissi huius crimen obtinebit."

65 Gregory, Ep., ix. 40 (598). Aronius, op. cit., No. 54, gives the name as Jamnus; Tamnus is the variant reading in MGH.

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 127

ment. Gregory relates with horror ("quod dici nefas est") that the clergy of Venafro had sold to a Jewish trader a number of sacred vessels. Under the Christian emperors, such trade was forbidden the Jews, by law. It is to a Roman law, no longer extant, that Gregory refers in his letter to Anthemius, rector patrimonii of Campania.66 Since the sale was illegal, the Jew was to return the objects.

In May, 593, Gregory requested the Praetor of Sicily, "to inflict without delay the severest corporal punishment on a Jew named Nasas," who, according to Gregory's infor-

mation, "had erected an altar to the Blessed Elias, and had deceived many Christians, impiously inducing them to

worship there," and had also "bought Christian slaves, and employed them in his own service and for his own

advantage."67

66 Gregory, Ep., i. 66 (591): "memoratum Hebraeum, qui oblitus vigorem legum praesumpsit sacra comparare cymilia . .." Cf. Erler, L., "Die Juden Italiens im Mittelalter," Archiv fur katholisches Kirchen- recht, XLVIII (1882), p. 10. Compare also Ps. Chrysostom, Sermo in illud evang. quod dicebant, No. 3 (PG, LIX, 648): 'X?Ere abrovs (sc. 'IovaLoovs) 7rpo rTv OvpOv Tro XpLarov 7rwXovvTraC aovapLa Kal a0rl77KLvOLa. In 806, Charlemagne warned the Church not to sell sacred objects to the Jews, (Capitulare Missorum Niumagae Datum, in MGH, Capitularia, ed. Boretius, I, p. 131, cap. 4). This injunction was renewed a few years later by the Emperor Lothar of Lombardy, (Hlotharii Capitulare Missorum, A.D. 832, in MGH, Capitularia, ed. Boretius, II, p. 64, cap. 10).

67 Gregory, Ep., iii. 37 (593). There is little basis in Gregory's letter for the elaborate hypothesis of Newman, L. I., Jewish Influence on Christian Reform Movements, New York, 1925, p. 410 f., who sees in this episode a "Judaizing movement in Sicily." He believes that "it may perhaps have been one of the many Jewish Messianic movements which periodically agitated both the Christian and the Jewish world . . ." Giidemann, op. cit., p. 28, brands as impossible the story that Nasas was attempting to make converts. The identification of this altar with a private synagogue, "Haus-Synagoge" (Vogelstein and Rieger, op. cit., I, p. 142), can hardly be correct. Giidemann, op. cit., p. 28, note 4, says, "Ich glaube indessen, dass es sich um den bei Beschneidungen gebrauchlichen irnT vr HtD behandelt." In the absence of further evidence, the identification of the altar must remain sub judice.

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128 THE JEWISH QUARTERLY REVIEW

To no object were Gregory's efforts more ardently devoted than to the suppression of the slave-trade carried on by the

Jews of his day. The church beheld this evil with avowed

grief and indignation. In vain, Popes issued their rescripts and councils68 uttered their interdicts. The necessity for the constant renewal of admonitions and laws shows that

they had difficulty in suppressing a practice which they abhorred.

Before Christianity assumed its place of dominance in the Roman Empire, the Jews had never been prohibited from

having slaves. With the rise to power of Christianity, a new idea had been evolved in regard to slavery. It was considered legal,69 but Christian slaves were to serve only with Christian masters. It was against Jewish slave-owners that the Church Fathers inveighed. This had its desired

effect, and the Emperors issued a series of laws interdicting the possession of slaves by Jews.70 Constantine forbade the

68 Compare the various attempts of the church councils of Gaul and Spain to eradicate the evil: Fourth Council of Orleans (541), (IV Concil. Aurel. can. 31, Mansi, ix. 118); Council of Macon (581), (Concil. Matisc. can. 16, Mansi, ix. 935); Council of Rheims (624-25), (Concil. Rem. can. 11, Mansi, x. 596).

The various councils of Toledo passed enactments against the posses- sion of slaves by Jews, and it was especially prohibited by the Visigothic law, Leg. Visigoth., xii. 2.12 (MGH, Leges Visigothorum, ed. Zeumer, p. 417): "Nulli Iudeo liceat Christianum mancipium comparare vel donatum accipere . . . servus vero vel ancilla, qui contradixerint esse Iudei, ad libertatem perducantur."

69 Cf. Allard, P., Les esclaves chretiens, Paris, 1876, pp. 187 ff.; Zahn, Th., "Sklaverei und Christentum in der alten Welt," in Skizzen aus dem Leben der alten Kirche, Leipzig, 1908, pp. 116-153.

70 All these laws are not extant. In the Cod. Theod., there is a special section, XVI. 9: "Ne Christianum mancipium Iudaeus habeat." The Code contains several other sections, Cod. Theod., III. 1.5; XVI. 8.22; Cf. Nov. Theod., 3 and Const. Sirm., 4. In C. J., I. 10, appears the section, "Ne Christianum mancipium haereticus vel paganus vel Iudaeus habeat vel possideat vel circumcidat." Cf. also C. J., I. 3.54 (56) 8 ff. Buckland, W. W., The Roman Law of Slavery, Cambridge, 1908, pp. 604-607, fails to distinguish between the laws concerning the right to possess slaves and the laws relative to their circumcision.

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 129

Jews, under penalty of confiscation of the slaves for the

church, from buying Christian slaves.7' This law, however, had fallen into disuse,72 for another law enacted :73

"Si aliquis Iudaerorum mancipium sectae alterius seu nationis crediderit conparandum, mancipium fisco

protinus vindicetur."

This law, in turn, was re-enacted by Theodosius, who made it retroactive by the additional stipulation that those who were slaves before the decree was issued were to be redeemed

by the Christians.74 A law of Honorius75 forbade only the conversion of Christian slaves to Judaism, and did not interfere with-rather did it recognize-the Jews' right of

property in their bondsmen. This law, however, was revoked by the laws of 417 and 423, which prohibited the

possession of slaves by Jews.76 The legislation of Justinian offered new regulations

regarding the slave trade, and it was largely upon these laws that Gregory drew for the opinions he gave concerning this

pursuit. Justinian's legislation is summed up in the follow-

ing regulation :77

"Iudaeus servum Christianum nec comparare debebit

nec largitatis vel alio quocumque titulo consequatur."

7I Eusebius, Vita Constantini, iv. 27 (PG, XX, 1176B): aXXa Kal 'IovaLoLis r776reva XpLOrTLcaOV bov?VELV EvouioOeTra. Cod. Theod., XVI. 8.22 (415): "Mancipia quoque Christianae sanctitatis si qua apud se retinet, secundum Constantinianam legem ecclesiae mancipentur."

72 Sozomen, H. E., iii. 19 (PG, LXVII, 1098). 73 Cod. Theod., XVI. 9.2 (339). 74 Ibid., III. 1.5 (384): "Ne quis omnino Iudaeorum Christianum

conparet servum neve ex Christiano Iudaicis sacramentis adtaminet. Quod si factum publica indago conpererit, et servi abstrahi debent et tales domini congruae atque aptae facinori poenae subiaceant, addito eo . . ."

75 Ibid., XVI. 9.3 (415). 76Ibid., XVI. 9.4, 5. 77 C. J., I. 10.1; Cf. Cod. Theod., XVI. 9.2.

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130 THE JEWISH QUARTERLY REVIEW

He did not permit Jews to have Christian slaves, even when these slaves had become Christians only after their acquisi- tion by the Jews. When a Jewish master did not grant liberty to a pagan slave, who had become a convert to Christianity, he exposed himself to the severest penalties.78

Several applications of this law were made by Gregory the Great. Thus in September, 593, he advised Januarius, Archbishop of Cagliari in Sicily,79 that if slaves of Jews fled to the churches, they were to be protected by him, and under no pretext restored to their masters. No money was to be paid for their redemption. A year later, Gregory wrote to Venantius, Bishop of Luna, that if any Christians had been long employed on land belonging to Jews, they might continue as before to cultivate it, but as coloni, paying a fixed rent, and no longer subject to personal service.80

Justinian's law must have included also those Jewish slaves who had become Christians. Gregory refers8' to

those, "qui de Iudaica superstitione ad Christianam fidem

Deo adspirante venire desiderant." The law seemingly took no cognizance of the status of Jewish slaves in the

possession of Jews. Undoubtedly, however, they came

78 C. J., I. 3.54 (56) 8: "His ita dispositis repetita lege iubemus, ut nullus Iudaeus vel paganus vel haereticus servos Christianos habeat: quod si inventi in tali reatu fuerint, sancimus servos modis omnibus liberos esse secundum anteriorem nostrarum legum tenorem."

79 Gregory, Ep., iv. 9 (593): "Quilibet Iudaeorum servus ad venera- bilia loca fidei causa confugerit, nullatenus eum patiamini praeiudicium sustinere. Sed sive olim Christianus, sive nunc fuerit baptizatus, sine ullo pauperum damno religioso ecclesiasticae pietatis patrocinio in libertatem modis omnibus defendatur."

o8 Ibid., iv. 21 (594). This letter is significant because it shows the Jews as cultivators of the land at this period. Cf. von Savigny, F. C., "Ueber den r6omischen Colonat," in Vermischte Schriften, Berlin, 1850, II, p. 13, and Mommsen, Theodore, "Die Bewirthschaftung der Kirchen- giiter unter Papst Gregor I," in Gesammelte Schriften, Berlin, 1907, III, p. 183.

1x Gregory, Ep., vi. 29 (596).

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 131

under the provisions of Justinian's law which granted liberty to slaves, either born Christians or newly-converted.

Justinian permitted the acquisition of pagan slaves.

Gregory refers to this privilege in one of his letters.82 A

Jewish slave-trader, Basilius, accused of having bought Christian slaves in Gaul, said that it was only by accident that Christian slaves had been purchased among a great number of pagan slaves. His excuse was accepted by Pope Gregory.

Justinian accorded Jews the right to acquire slaves who were not yet baptized, but were still catechumens. This

right was bound up, however, with a qualification, logical enough in the light of the other slave-laws of Justinian. When the slaves had completed their catechumenate, they were to be freed.83

These severe regulations, which permitted the Jews almost no means of acquiring slaves, exposed those Jews that were engaged in the large-scale traffic in slaves to financial disaster. Many of the Jews became baptized, believing that

they would be able to regain the slaves of which the law had deprived them. Justinian repressed this abuse and decreed the penalty of death on those who were found

guilty.84 A concrete example of this, although relative to a

Samaritan, and so not directly pertinent to our discussion is afforded by a letter of Gregory the Great.s8

In Gaul, although the condition of the Jews was better than in other countries, they were not free from active

82 Ibid., ix. 104 (599). 83 Nov. Just., 37 (535): "Iudaeis insuper denegamus servos habere

Christianos, quod et legibus anterioribus cavetur et nobis cordi est illibatum custodire, ut neque servos orthodoxae religionis habeant neque, si forte catechumenos accipiant, eos audeant, circumcidere." Cf. Gregory, Ep., vi. 29.

84 C. J., I. 3.54 (56), 9 and 10. ss Gregory, Ep., viii. 21 (598); Cf. Ibid., ix. 104 (599).

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132 THE JEWISH QUARTERLY REVIEW

persecution. The zeal of the Christian Franks had often shown itself in the violence they exhibited to their opponents. Strong measures had been used for the conversion of the

Jews, sometimes with royal sanction.86 Soon after the

accession of Gregory to the Papacy, complaints had been

lodged with him by some Roman merchants of Jewish extrac-

tion that their co-religionists in Marseilles were subjected to harsh treatment. Since his intervention was sought,

Gregory ordered Virgilius, Bishop of Aries, and Theodore,

Bishop of Marseilles, to interpose. He urged that preaching, not persecution, should be employed to win the unbelieving.87

The traffic in Christian slaves brought from Gaul was

particularly large, and Gregory often intervened to put an end to the evil. A certain Dominicus had informed

Gregory that four of his brothers who had fallen into

captivity had been bought by some Jews of Narbonne and

kept by them as slaves. Gregory sent word to Candidus,

presbyter at Marseilles,88 to ascertain if the facts were

as stated, and, if so, to pay their ransoms, if they were

unable to do so themselves. Two years later, Gregory

corresponded with the Frankish kings, Theoderic and

Theodebert and Queen Brunhild.89 He expressed his

surprise that in their dominions Jews were allowed to have

Christian slaves, and begged them to exercise their authority in order to wipe out this stain.

In Spain, meanwhile, the Jews were suffering persecution at the hands of the Visigothic king, Recared. In August, 599, Gregory in a letter to Recared praised him for his

86 Gregory of Tours, Hist. Franc. vi. 17: "Rex vero Chilpericus multos Judaeorum eo anno (582) baptizari praecepit." Cf. Ibid., vii. 23; v. 11.

87 Gregory, Ep., i. 45 (591). Cf. Kellett, F. W., Pope Gregory the Great and his Relations with Gaul, Prince Consort Dissertation, 1888, Cambridge, 1889, p. 30.

88 Gregory, Ep., vii. 21 (597); Cf. Ibid., ix. 104 (599). 89 Ibid., ix. 213, 215 (599); Cf. Aronius, op. cit., No. 55.

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 133

zeal in refusing a bribe from the Jews to suspend his harsh- ness.90 The Pope doubtless referred to a law which ulti-

mately went back to the Fourteenth Canon of the Third Council of Toledo held in 589. The law reads:91

"Nulli Iudaeo liceat christianum mancipium con-

parare vel donatum accipere. Quod si conparaverit vel donatum acceperit et eum circumciderit, et pretium perdat, et quem acceperat liber permaneat. Ille autem,

qui christianum mancipium circumciderit, omnem facultatem suam amittat et fisco adgregetur."

Gregory's attitude toward the Jews as shown in his letters became virtually de jure, although not de facto the fixed policy of the Church.92 Sometime between 937 and 954 a priest Gerhard sent to the Archbishop Frederick of Mainz several decisions regarding the treatment of Jews.93 Gregory's letters were cited to show what treatment should be accorded the Jews.94 About the same time, Pope Leo VII (936-939) advised this Archbishop, that it was better to use gentle persuasion than force in the conversion of

Jews. If they voluntarily baptized, thanks were due God;

90 Gregory, Ep., ix. 228 (599). 91 Leg. Visigoth., xii. 2.12 (MGH, Leg. Visigoth., ed. Zeumer, p. 417).

Cf. III. Cone. Tolet., can. 14 (Mansi, ix. 996). In a note to the law, Zeumer, without basis, argues that Gregory's letter does not refer to it. But see Juster, "La condition legale des Juifs sous les rois visigoths," p. 323; G6rres, op. cit., p. 503, and Gorres, "K6nig Rekared und das Judentum (586-601)," Zeitschrift fur wissenschaftliche Theologie, XL (1897), pp. 291-295.

92 At the risk of presenting a very inaccurate picture of the treatment of the Jews by the Popes of the later Middle Ages, only the "Schutz- bulle" which are modeled after Gregory's are listed here. Any false impressions may be corrected by reading Erler, cited in note 11, supra. Thus, for example, Innocent III, Gregory IX, and Innocent IV issued the famous "Sicut Judaeis non . ." Bulls, although they themselves actively persecuted the Jews.

93 Jaffe, Philip, Bibliotheca Rerum Germanicarum, III, Monumenta Moguntina, Berlin, 1866, p. 338.

94 So, for example, Gregory, Ep., i. 45; viii. 25; iv. 21; ix. 215.

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134 THE JEWISH QUARTERLY REVIEW

if they refused, they were to be expelled from the domains, since no converse was to be held with the enemies of God; on no condition, however, without their will and desire were they to be baptized.95 A century later, Pope Alexander II (1061-1073), in a letter to Prince Landulphus of Bene-

ventum in 1065, reprimanded him for having forced Jews into baptism. Such procedure he called "unChristlike" and he cited its condemnation by Gregory.96 Pope Alexander III (1159-1181) followed this policy, for in the renewal of

certain privileges for the Jews, he stated:

"Statuimus enim, ut nullus christianus invitos vel

nolentes eos ad baptismum venire compellat."97

The opening of Gregory's letter to Victor, Bishop of

Palermo,98

"Sicut Iudaeis non debet esse licentia quicquam in

synagogis suis ultra quam permissum est lege prae- sumere, ita in his quae eis concessa sunt nullum debent

praeiudicium sustinere . . ."

became the fixed introduction to Papal Bulls in favor of

the Jews. In 1120, Pope Calixtus II (1119-1124) issued a

Bull which opened with the famous "Sicut Judaeis non

. ..."99 His example was followed by Pope Eugenius III

(1145-1153).Ioo In a similar Bull, the date of which is

unknown, Pope Alexander III (1159-1181) forbade com-

95 Jaffe, op. cit., III, p. 337; Jaffe, Regesta, 3163 (2766); Cf Gregory, Ep., i. 45.

96 Lowenfeld, S., Epistolae Pontificum Romanorum ineditae, Leipzig, 1885, p. 52, No. 105.

97 Concil. Lateran. III (A.D. 1179), pars XX, cap. 1 (Mansi, xxii, 356). 98 Gregory, Ep., viii. 25. 99 Our only evidence for this Bull is a statement in a Bull of Innocent

III; Potthast, Regesta, 834; PL, CCXIV, Innocenti III Opera, i. 864C. IoO Again, our only evidence is the Bull of Innocent III, cited in

note 99, supra.

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POPE GREGORY THE GREAT AND THE JEWS-KATZ 135

pulsory baptism under penalty of excommunication.IT

According to Innocent III,102 the "Sicut Judaeis non ...."

Bulls were issued by Clement III (1187-1191) and Celes-

tinus III (1191-1198). On September 15, 1199, in the

second year after his elevation to the Papacy, Innocent III

(1198-1216) issued a Bull, wherein he renewed the "Sicut

Judaeis non ... ." Bulls of his predecessors.103 Similar

Bulls were issued on November 7, 1217, by Pope Honorius

III (1216-1227), 4 on May 3, 1235, by Gregory IX (1227-

1241),IO5 on October 22, 1246, by Innocent IV (1243-1254),I?6

by Urban IV (1261-1264),I?7 on September 10, 1247, by Gregory X (1272-1276),I08 on August 2, 1278, by Nicolaus

III (1277-1280),I?9 by Honorius IV (1285-1287),II by Nicolaus IV (1288-1292),"' on July 4, 1348, by Clement VI

(1342-1352),II2 on June 7, 1365, by Urban V (1362-1370),"3 on October 18, 1379, by the anti-pope at Avignon, Clement

VII (1378-1394),"4 on July 2, 1389, by Boniface IX (1389-

lo Jaffe, Regesta, 13973 (9038); Decret. Greg. V. 6.9; Cf. Concil, Lateran. III (A.D. 1179), pars XX, cap. 1 (Mansi, xxii. 356). This Bull is ascribed also to Clement III; apparently it was renewed by him.

102 See note 99, supra. 103 See note 99, supra. 104 Potthast, Regesta, 5616; Bullarium diplomatum et privilegiorum

S. S. Roman. Pontificum, Augustae Taurinorum, 1857, III, p. 330. o"s Potthast, Regesta, 9893; Raynaldus, ad. a. 1235, No. 20, II, p. 124. 'o6 Potthast, Regesta, 12315. 107 See the Bull issued in 1419 by Martin V; Raynaldus, ad. a. 1419,

No. 2, VIII, p. 503. lo8 Potthast, Regesta, 20915. 0"9 Loeb, Isidore, "Bulles inedites des Papes," REJ, I (1880), pp.

114-115. ?o Mentioned in a Bull of Martin V, Bullarium diplomatum, Augustae

Taurinorum, 1857, IV, pp. 521-22. I' See note 110, supra. 112 Kayserling, M., Geschichte der Juden in Portugal, Berlin, 1867, p. 38. "3 See note 110, supra. "4 Eubel, Konrad, "Zu dem Verhalten der Papste gegen die Juden,"

Romische Quartalschrift fur christliche Alterthumskunde und fiir Kirchen- geschichte, XIII (1899), p. 30.

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136 THE JEWISH QUARTERLY REVIEW

1404),"s on November 12, 1393, again by the anti-pope Clement VII,"6 on January 31, 1419,"7 and again on

February 20, 1422,118 by Martin V (1417-1431), and on

February 6, 1433, by Eugenius IV (1431-1447)."9

mIS See note 112, supra. zx6 Eubel, Konrad, "Weitere Urkunden zu dem Verhalten der Papste

gegen die Juden," Romische Quartalschrift, XVII (1903), p. 184. "7 Raynaldus, ad. a. 1419, No. 2, VIII, p. 503. x18 Ibid., ad. a. 1422, No. 36, VIII, p. 560. "9 Stern, Moritz, Urkundliche Beitrdge zur Stellung der Papste zu den

Juden, Kiel, 1893, I, p. 43. Cf. Neubauer, A., "Pope Eugenius IV on the Jews," Jewish Quarterly Review, II (1890), pp. 530-531.

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