38.Festus, Albinus and Florus.—Meanwhile the procurators who succeeded Felix—Porcius Festus (60-62), Albinus (62-64) and Gessius Florus (64-66)—had in their several ways brought the bulk of the nation into line with the more violent of the Jews of Caesarea. Festus found Judaea infested with robbers and the Sicarii, who mingled with the crowds at the feasts and stabbed their enemies with the daggers (sicae) from which their name was derived. He also, had to deal with a wizard, who deceived many by promising them salvation and release from evils, if they would follow him into the desert. His attempts to crush all such disturbers of the peace were cut short by his death in his second year of office.
In the interval which elapsed before the arrival of Albinus, Ananus son of Annas was made high priest by Agrippa. With the apparent intention of restoring order in Jerusalem, he assembled the Sanhedrin, and being, as a Sadducee, cruel in the matter of penalties, secured the condemnation of certain lawbreakers to death by stoning. For this he was deposed by Agrippa. Albinus fostered and turned to his profit the struggles of priests with priests and of Zealots with their enemies. The general release of prisoners, with which he celebrated his impending recall, is typical of his policy. Meanwhile Agrippa gave the Levites the right to wear the linen robe of the priests and sanctioned the use of the temple treasure to provide work—the paving of the city with white stones—for the workmen who had finished the Temple (64) and now stood idle. But everything pointed to the destruction of the city, which one Jesus had prophesied at the feast of tabernacles in 62. The Zealots’ zeal for the Law and the Temple was flouted by their pro-Roman king.
By comparison with Florus, Albinus was, in the opinion of Josephus, a benefactor. When the news of the troubles at Caesarea reached Jerusalem, it became known also that Florus had seized seventeen talents of the temple treasure (66). At this the patience of the Jews was exhausted. The sacrilege, as they considered it, may have been an attempt to recover arrears of tribute; but they were convinced that Florus was providing for himself and not for Caesar. The revolutionaries went about among the excited people with baskets, begging coppers for their destitute and miserable governor. Stung by this insult, he neglected the fire of war which had been lighted at Caesarea, and hastened to Jerusalem. His soldiers sacked the upper city and killed 630 persons—men, women and children. Berenice, who was fulfilling a Nazarite vow, interposed in vain. Florus actually dared to scourge and crucify Jews who belonged to the Roman order of knights. For the moment the Jews were cowed, and next day they went submissively to greet the troops coming from Caesarea. Their greetings were unanswered, and they cried out against Florus. On this the soldiers drew their swords and drove the people into the city; but, once inside the city, the people stood at bay and succeeded in establishing themselves upon the temple-hill. Florus withdrew with all his troops, except one cohort, to Caesarea. The Jews laid complaint against him, and he complained against the Jews before the governor of Syria, Cestius Gallus, who sent an officer to inquire into the matter. Agrippa, who had hurried from Alexandria, entered Jerusalem with the governor’s emissary. So long as he counselled submission to the overwhelming power of Rome the people complied, but when he spoke of obedience to Florus he was compelled to fly. The rulers, who desired peace, and upon whom Florus had laid the duty of restoring peace, asked him for troops; but the civil war ended in their complete discomfiture. The rebels abode by their decision to stop the daily sacrifice for the emperor; Agrippa’s troops capitulated and marched out unhurt; and the Romans, who surrendered on the same condition and laid down their arms, were massacred. As if to emphasize the spirit and purpose of the rebellion, one and only one of the Roman soldiers was spared, because he promised to become a Jew even to the extent of circumcision.
39.Josephus and the Zealots.—Simultaneously with this massacre the citizens of Caesarea slaughtered the Jews who still remained there; and throughout Syria Jews effected—and suffered—reprisals. At length the governor of Syria approached the centre of the disturbance in Jerusalem, but retreated after burning down a suburb. In the course of his retreat he was attacked by the Jews and fled to Antioch, leaving them his engines of war. Some prominent Jews fled from Jerusalem—as from a sinking ship—to join him and carried the news to the emperor. The rest of the pro-Roman party were forced or persuaded to join the rebels and prepared for war on a grander scale. Generals were selected by the Sanhedrin from the aristocracy, who had tried to keep the peace and still hoped to make terms with Rome. Ananus the high priest, their leader, remained in command at Jerusalem; Galilee, where the first attack was to be expected, was entrusted to Josephus, the historian of the war. The revolutionary leaders, who had already taken the field, were superseded.
Josephus set himself to make an army of the inhabitants of Galilee, many of whom had no wish to fight, and to strengthen the strongholds. His organization of local government and his efforts to maintain law and order brought him into collision with the Zealots and especially with John of Giscala, one of their leaders. The people, whom he had tried to conciliate, were roused against him; John sent assassins and finally procured an order from Jerusalem for his recall. In spite of all this Josephus held his ground and by force or craft put down those who resisted his authority.
In the spring of 67 Vespasian, who had been appointed by Nero to crush the rebellion, advanced from his winter quarters at Antioch. The inhabitants of Sepphoris—whom Josephus had judged to be so eager for the war that he left them to build their wall for themselves—received a Roman garrison at their own request. Joined by Titus, Vespasian advanced into Galilee with three legions and the auxiliary troops supplied by Agrippa and other petty kings. Before his advance the army of Josephus fled. Josephus with a few stalwarts took refuge in Tiberias, and sent a letter to Jerusalem asking that he should be relieved of his command or supplied with an adequate force to continue the war. Hearing that Vespasian was preparing to besiege Jotapata, a strong fortress in the hills, which was held by other fugitives, Josephus entered it just before the road approaching it was made passable for the Roman horse and foot. A deserter announced his arrival to Vespasian, who rejoiced (Josephus says) that the cleverest of his enemies had thus voluntarily imprisoned himself. After some six weeks’ siege the place was stormed, and itsexhausted garrison were killed or enslaved. Josephus, whose pretences had postponed the final assault, hid in a cave with forty men. His companions refused to permit him to surrender and were resolved to die. At his suggestion they cast lots, and the first man was killed by the second and so on, until all were dead except Josephus and (perhaps) one other. So Josephus saved them from the sin of suicide and gave himself up to the Romans. He had prophesied that the place would be taken—as it was—on the forty-seventh day, and now he prophesied that both Vespasian and his son Titus would reign over all mankind. The prophecy saved his life, though many desired his death, and the rumour of it produced general mourning in Jerusalem. By the end of the year (67) Galilee was in the hands of Vespasian, and John of Giscala had fled. Agrippa celebrated the conquest at Caesarea Philippi with festivities which lasted twenty days.
In accordance with ancient custom Jerusalem welcomed the fugitive Zealots. The result was civil war and famine. Ananus incited the people against these robbers, who arrested, imprisoned and murdered prominent friends of Rome, and arrogated to themselves the right of selecting the high priest by lot. The Zealots took refuge in the Temple and summoned the Idumaeans to their aid. Under cover of a storm, they opened the city-gates to their allies and proceeded to murder Ananus the high priest, and, against the verdict of a formal tribunal, Zacharias the son of Baruch in the midst of the Temple. The Idumaeans left, but John of Giscala remained master of Jerusalem.
40.The Fall of Jerusalem.—Vespasian left the rivals to consume one another and occupied his army with the subjugation of the country. When he had isolated the capital and was preparing to besiege it, the news of Nero’s death reached him at Caesarea. For a year (June 68-June 69) he held his hand and watched events, until the robber-bands of Simon Bar-Giora (son of the proselyte) required his attention. But, before Vespasian took action to stop his raids, Simon had been invited to Jerusalem in the hope that he would act as a counterpoise to the tyrant John. And so, when Vespasian was proclaimed emperor in fulfilment of Josephus’ prophecy, and deputed the command to Titus, there were three rivals at war in Jerusalem—Eleazar, Simon and John. The temple sacrifices were still offered and worshippers were admitted; but John’s catapults were busy, and priest and worshippers at the altar were killed, because Eleazar’s party occupied the inner courts of the Temple. A few days before the passover of 70 Titus advanced upon Jerusalem, but the civil war went on. When Eleazar opened the temple-gates to admit those who wished to worship God, John of Giscala introduced some of his own men, fully armed under their garments, and so got possession of the Temple. Titus pressed the attack, and the two factions joined hands at last to repel it. In spite of their desperate sallies, Jerusalem was surrounded by a wall, and its people, whose numbers were increased by those who had come up for the passover, were hemmed in to starve. The famine affected all alike—the populace, who desired peace, and the Zealots, who were determined to fight to the end. At last John of Giscala portioned out the sacred wine and oil, saying that they who fought for the Temple might fearlessly use its stores for their sustenance. Steadily the Romans forced their way through wall after wall, until the Jews were driven back to the Temple and the daily sacrifices came to an end on the 17th of July for lack of men. Once more Josephus appealed in vain to John and his followers to cease from desecrating and endangering the Temple. The siege proceeded and the temple-gates were burned. According to Josephus, Titus decided to spare the Temple, but—whether this was so or not—on the 10th of August it was fired by a soldier after a sortie of the Jews had been repelled. The legions set up their standards in the temple-court and hailed Titus as imperator.
Some of the Zealots escaped with John and Simon to the upper city and held it for another month. But Titus had already earned the triumph which he celebrated at Rome in 71. The Jews, wherever they might be, continued to pay the temple-tax; but now it was devoted to Jupiter Capitolinus. The Romans had taken their holy place, and the Law was all that was left to them.
41.FromA.D.70toA.D.135.—The destruction of the Temple carried with it the destruction of the priesthood and all its power. The priests existed to offer sacrifices, and by the Law no sacrifice could be offered except at the Temple of Jerusalem. Thenceforward the remnant of the Jews who survived the fiery ordeal formed a church rather than a nation or a state, and the Pharisees exercised an unchallenged supremacy. With the Temple and its Sadducean high priests perished the Sanhedrin in which the Sadducees had competed with the Pharisees for predominance. The Sicarii or Zealots who had appealed to the arm of flesh were exterminated. Only the teachers of the Law survived to direct the nation and to teach those who remained loyal Jews, how they should render to Caesar what belonged to Caesar, and to God what belonged to God. Here and there hot-headed Zealots rose up to repeat the errors and the disasters of their predecessors. But their fate only served to deepen the impression already stamped upon the general mind of the nation. The Temple was gone, but they had the Law. Already the Jews of the Dispersion had learned to supplement the Temple by the synagogue, and even the Jews of Jerusalem had not been free to spend their lives in the worship of the Temple. There were still, as always, rites which were independent of the place and of the priest; there had been a time when the Temple did not exist. So Judaism survived once more the destruction of its central sanctuary.When Jerusalem was taken, the Sicarii still continued to hold three strongholds: one—Masada—for three years. But the commander of Masada realized at length that there was no hope of escaping captivity except by death, and urged his comrades to anticipate their fate. Each man slew his wife and children; ten men were selected by lot to slay the rest; one man slew the nine executioners, fired the palace and fell upon his sword. When the place was stormed the garrison consisted of two old women and five children who had concealed themselves in caves. So Vespasian obtained possession of Palestine—the country which Nero had given him—and for a time it was purged of revolutionaries. Early Christian writers assert that he proceeded to search out and to execute all descendants of David who might conceivably come forward as claimants of the vacant throne.In Egypt and in Cyrene fugitive Zealots endeavoured to continue their rebellion against the emperor, but there also with disastrous results. The doors of the Temple in Egypt were closed, and its sacrifices which had been offered for 243 years were prohibited. Soon afterwards this temple also was destroyed. Apart from these local outbreaks, the Jews throughout the empire remained loyal citizens and were not molested. The general hope of the nation was not necessarily bound up with the house of David, and its realization was not incompatible with the yoke of Rome. They still looked for a true prophet, and meanwhile they had their rabbis.Under Johanan ben Zaccai (q.v.) the Pharisees established themselves at Jamnia. A new Sanhedrin was formed there under the presidency of a ruler, who received yearly dues from all Jewish communities. The scribes through the synagogues preserved the national spirit and directed it towards the religious life which was prescribed by Scripture. The traditions of the elders were tested and gradually harmonized in their essentials. The canon of Scripture was decided in accordance with the touchstone of the Pentateuch. Israel had retired to their tents to study their Bible.Under Vespasian and Titus the Jews enjoyed freedom of conscience and equal political rights with non-Jewish subjects of Rome. But Domitian, according to pagan historians, bore hardly on them. The temple-tax was strictly exacted; Jews who lived the Jewish life without openly confessing their religion and Jews who concealed their nationality were brought before the magistrates. Proselytes to Judaism were condemned either to death or to forfeiture of their property. Indeed it would seem that Domitian instituted a persecution of the Jews, to which Nerva his successor put an end. Towards the end of Trajan’s reign (114-117) the Jews of Egypt and Cyrene rose against their Greek neighbours and set up a king. The rebellion spread to Cyprus; and when Trajan advanced from Mesopotamia into Parthia the Jews of Mesopotamia revolted. The massacres they perpetrated were avenged in kind and all the insurrections were quelled when Hadrian succeeded Trajan.In 132 the Jews of Palestine rebelled again. Hadrian had forbidden circumcision as illegal mutilation: he had also replaced Jerusalem by a city of his own, Aelia Capitolina, and the temple of Yahweh by a temple of Jupiter. Apart from these bitter provocations—the prohibition of the sign of the covenant and the desecration of the sacred place—the Jews had a leader who was recognized as Messiah by the rabbi Aqiba. Though the majority of the rabbis looked for no such deliverer and refused to admit his claims, Barcochebas (q.v.) drew the people after him to struggle for their national independence. For three years and a half he held his own and issued coins in the name of Simon, which commemorate the liberation of Jerusalem. Some attempt was apparently made to rebuild the Temple; and the Jews of the Dispersion, who had perhaps been won over by Aqiba, supported the rebellion. Indeed even Gentiles helped them, so that the whole world (Dio Cassius says) was stirred. Hadrian sent his best generals against the rebels, and at length they were driven from Jerusalem to Bethar (135). The Jews were forbidden to enter the new city of Jerusalem on pain of death.Bibliography.—The most comprehensive of modern books dealing with the period is Emil Schürer,Geschichte des Jüdischen Volkes im Zeitalter Jesu Christi(3 vols., Leipzig, 1901 foll.). Exception has been taken to a certain lack of sympathy with the Jews, especially the rabbis, which has been detected in the author. But at least the book remains an indispensable storehouse of references to ancient and modern authorities. An earlier edition was translated into English under the titleHistory of the Jewish People(Edinburgh, 1890, 1891). Of shorter histories, D. A. Schlatter’sGeschichte Israel’s von Alexander dem Grossen bis Hadrian(2nd ed., 1906) is perhaps the least dependent upon Schürer and attempts more than others to interpret the fragmentary evidence available. Dr R. H. Charles has done much by his editions to restore to their proper prominence in connexion with Jewish history theTestaments of the Twelve Patriarchs,The Book of Jubilees,Enoch, &c. But Schürer gives a complete bibliography to which it must suffice to refer. For the Sanhedrin seeSynedrium.
41.FromA.D.70toA.D.135.—The destruction of the Temple carried with it the destruction of the priesthood and all its power. The priests existed to offer sacrifices, and by the Law no sacrifice could be offered except at the Temple of Jerusalem. Thenceforward the remnant of the Jews who survived the fiery ordeal formed a church rather than a nation or a state, and the Pharisees exercised an unchallenged supremacy. With the Temple and its Sadducean high priests perished the Sanhedrin in which the Sadducees had competed with the Pharisees for predominance. The Sicarii or Zealots who had appealed to the arm of flesh were exterminated. Only the teachers of the Law survived to direct the nation and to teach those who remained loyal Jews, how they should render to Caesar what belonged to Caesar, and to God what belonged to God. Here and there hot-headed Zealots rose up to repeat the errors and the disasters of their predecessors. But their fate only served to deepen the impression already stamped upon the general mind of the nation. The Temple was gone, but they had the Law. Already the Jews of the Dispersion had learned to supplement the Temple by the synagogue, and even the Jews of Jerusalem had not been free to spend their lives in the worship of the Temple. There were still, as always, rites which were independent of the place and of the priest; there had been a time when the Temple did not exist. So Judaism survived once more the destruction of its central sanctuary.
When Jerusalem was taken, the Sicarii still continued to hold three strongholds: one—Masada—for three years. But the commander of Masada realized at length that there was no hope of escaping captivity except by death, and urged his comrades to anticipate their fate. Each man slew his wife and children; ten men were selected by lot to slay the rest; one man slew the nine executioners, fired the palace and fell upon his sword. When the place was stormed the garrison consisted of two old women and five children who had concealed themselves in caves. So Vespasian obtained possession of Palestine—the country which Nero had given him—and for a time it was purged of revolutionaries. Early Christian writers assert that he proceeded to search out and to execute all descendants of David who might conceivably come forward as claimants of the vacant throne.
In Egypt and in Cyrene fugitive Zealots endeavoured to continue their rebellion against the emperor, but there also with disastrous results. The doors of the Temple in Egypt were closed, and its sacrifices which had been offered for 243 years were prohibited. Soon afterwards this temple also was destroyed. Apart from these local outbreaks, the Jews throughout the empire remained loyal citizens and were not molested. The general hope of the nation was not necessarily bound up with the house of David, and its realization was not incompatible with the yoke of Rome. They still looked for a true prophet, and meanwhile they had their rabbis.
Under Johanan ben Zaccai (q.v.) the Pharisees established themselves at Jamnia. A new Sanhedrin was formed there under the presidency of a ruler, who received yearly dues from all Jewish communities. The scribes through the synagogues preserved the national spirit and directed it towards the religious life which was prescribed by Scripture. The traditions of the elders were tested and gradually harmonized in their essentials. The canon of Scripture was decided in accordance with the touchstone of the Pentateuch. Israel had retired to their tents to study their Bible.
Under Vespasian and Titus the Jews enjoyed freedom of conscience and equal political rights with non-Jewish subjects of Rome. But Domitian, according to pagan historians, bore hardly on them. The temple-tax was strictly exacted; Jews who lived the Jewish life without openly confessing their religion and Jews who concealed their nationality were brought before the magistrates. Proselytes to Judaism were condemned either to death or to forfeiture of their property. Indeed it would seem that Domitian instituted a persecution of the Jews, to which Nerva his successor put an end. Towards the end of Trajan’s reign (114-117) the Jews of Egypt and Cyrene rose against their Greek neighbours and set up a king. The rebellion spread to Cyprus; and when Trajan advanced from Mesopotamia into Parthia the Jews of Mesopotamia revolted. The massacres they perpetrated were avenged in kind and all the insurrections were quelled when Hadrian succeeded Trajan.
In 132 the Jews of Palestine rebelled again. Hadrian had forbidden circumcision as illegal mutilation: he had also replaced Jerusalem by a city of his own, Aelia Capitolina, and the temple of Yahweh by a temple of Jupiter. Apart from these bitter provocations—the prohibition of the sign of the covenant and the desecration of the sacred place—the Jews had a leader who was recognized as Messiah by the rabbi Aqiba. Though the majority of the rabbis looked for no such deliverer and refused to admit his claims, Barcochebas (q.v.) drew the people after him to struggle for their national independence. For three years and a half he held his own and issued coins in the name of Simon, which commemorate the liberation of Jerusalem. Some attempt was apparently made to rebuild the Temple; and the Jews of the Dispersion, who had perhaps been won over by Aqiba, supported the rebellion. Indeed even Gentiles helped them, so that the whole world (Dio Cassius says) was stirred. Hadrian sent his best generals against the rebels, and at length they were driven from Jerusalem to Bethar (135). The Jews were forbidden to enter the new city of Jerusalem on pain of death.
Bibliography.—The most comprehensive of modern books dealing with the period is Emil Schürer,Geschichte des Jüdischen Volkes im Zeitalter Jesu Christi(3 vols., Leipzig, 1901 foll.). Exception has been taken to a certain lack of sympathy with the Jews, especially the rabbis, which has been detected in the author. But at least the book remains an indispensable storehouse of references to ancient and modern authorities. An earlier edition was translated into English under the titleHistory of the Jewish People(Edinburgh, 1890, 1891). Of shorter histories, D. A. Schlatter’sGeschichte Israel’s von Alexander dem Grossen bis Hadrian(2nd ed., 1906) is perhaps the least dependent upon Schürer and attempts more than others to interpret the fragmentary evidence available. Dr R. H. Charles has done much by his editions to restore to their proper prominence in connexion with Jewish history theTestaments of the Twelve Patriarchs,The Book of Jubilees,Enoch, &c. But Schürer gives a complete bibliography to which it must suffice to refer. For the Sanhedrin seeSynedrium.
(J. H. A. H.)
III.—From the Dispersion to Modern Times
42.The Later Empire.—With the failure in 135 of the attempt led by Barcochebas to free Judaea from Roman domination a new era begins in the history of the Jews. The direct consequence of the failure was the annihilation of political nationality. Large numbers fell in the actual fighting. Dio Cassius puts the total at the incredible figure of 580,000, besides the incalculable number who succumbed to famine, disease and fire (Dio-Xiphilin lxix. 11-15). Jerusalem was rebuilt by Hadrian, orders to this effect being given during the emperor’s first journey through Syria in 130, the date of his foundations at Gaza, Tiberias and Petra (Reinach,Textes relatifs au Judaïsme, p. 198). The new city was named Aelia Capitolina, and on the site of the temple of Jehovah there arose another temple dedicated to Jupiter. To Eusebius the erection of a temple of Venus over the sepulchre of Christ was an act of mockery against the Christian religion. Rome had been roused to unwonted fury, and the truculence of the rebels was matched by the cruelty of their masters. The holy city was barred against the Jews; they were excluded, under pain of death, from approaching within view of the walls. Hadrian’s policy in this respect was matched later on by the edict of the caliph Omar (c.638), who, like his Roman prototype, prevented the Jews from settling in the capital of their ancient country. The death of Hadrian and the accession of Antoninus Pius (138), however, gave the dispersed people of Palestine a breathing-space. Roman law was by no means intolerant to the Jews. Under the constitution of Caracalla (198-217) all inhabitants of the Roman empire enjoyed the civil rights of theCives Romani(Scherer,Die Rechtsverhältnisse der Juden, p. 10).
Moreover, a spiritual revival mitigated the crushing effects of material ruin. The synagogue had become a firmly established institution, and the personal and social life of the masses had come under the control of communal law. The dialectic of the school proved stronger to preserve than the edge of the sword to destroy. Pharisaic Judaism, put to the severest test to which a religious system has ever been subject, showed itself able to control and idealize life in all its phases. Whatever question may be possible as to the force or character of Pharisaism in the time of Christ, there can be no doubt that it became both all-pervading and ennobling among the successors of Aqiba (q.v.), himself one of the martyrs to Hadrian’s severity. Little more than half a century after the overthrow of the Jewish nationality, the Mishnah was practically completed, and by this code of rabbinic law—and law is here a term which includes the social, moral and religious as well as the ritual and legal phases of human activity—the Jewish people were organized into a community, living more or less autonomously under the Sanhedrin or Synedrium (q.v.) and its officials.
Judah the prince, the patriarch ornāsīwho edited the Mishnah, died early in the 3rd century. With him the importance of the Palestinian patriarchate attained its zenith. Gamaliel II. of Jamnia (Jabne Yebneh) had been raised to this dignity a century before, and, as members of the house of Hillel and thus descendants of David, the patriarchs enjoyed almost royal authority. Their functions were political rather than religious, though their influence was by no means purely secular. They were often on terms of intimate friendship with the emperors, who scarcely interfered with their jurisdiction. As late as Theodosius I. (379-395) the internal affairs of the Jews were formally committed to the patriarchs, and Honorius (404) authorized the collection of the patriarch’s tax (aurum coronarium), by which a revenue was raised from the Jews of the diaspora. Under Theodosius II. (408-450) the patriarchate was finally abolished after a régime of three centuries and a half (Graetz,History of the Jews, Eng. trans. vol. ii. ch. xxii.), though ironically enough the last holder of the office had been for a time elevated by the emperor to the rank of prefect. The real turning-point had been reached earlier, when Christianity became the state religion under Constantine I. in 312.
Religion under the Christian emperors became a significant source of discrimination in legal status, and non-conformity might reach so far as to produce complete loss of rights. The laws concerning the Jews had a repressive and preventive object: the repression of Judaism and the prevention of inroads of Jewish influences into the state religion. The Jews were thrust into a position of isolation, and the Code of Theodosius and other authorities characterize the Jews as a lower order of depraved beings (inferioresandperversi), their community as a godless, dangerous sect (secta nefaria, feralis), their religion a superstition, their assemblies for religious worship a blasphemy (sacrilegi coetus) and a contagion (Scherer,op. cit.pp. 11-12). Yet Judaism under Roman Christian law was a lawful religion (religio licita), Valentinian I. (364-375) forbade the quartering of soldiers in the synagogues, Theodosius I. prohibited interference with the synagogue worship (“Judaeorum sectam nulla lege prohibitam satis constat”), and in 412 a special edict of protection was issued. But the admission of Christians into the Jewish fold was punished by confiscation of goods (357), the erection of new synagogues was arrested by Theodosius II. (439) under penalty of a heavy fine, Jews were forbidden to hold Christian slaves under pain of death (423). A similar penalty attached to intermarriage between Jews and Christians, and an attempt was made to nullify all Jewish marriages which were not celebrated in accordance with Roman law. But Justinian (527-565) was the first to interfere directly in the religious institutions of the Jewish people. In 553 he interdicted the use of the Talmud (which had then not long been completed), and the Byzantine emperors of the 8th and 9th centuries passed even more intolerant regulations. As regards civil law, Jews were at first allowed to settle disputes between Jew and Jew before their own courts, but Justinian denied to them and to heretics the right to appear as witnesses in the public courts against orthodox Christians. To Constantine V. (911-959) goes back the Jewish form of oath which in its later development required the Jew to gird himself with thorns; stand in water; and, holding the scroll of the Torah in his hand, invoke upon his person the leprosy of Naaman, the curse of Eli and the fate of Korah’s sons should he perjure himself. This was the original of all the medieval forms of oathmore judaico, which still prevailed in many European lands till the 19th century, and are even now maintained by some of the Rumanian courts. Jews were by the law of Honorius excluded from the army, from public offices and dignities (418), from acting as advocates (425); only the curial offices were open to them. Justinian gave the finishing touch by proclaiming in 537 the Jews absolutely ineligible for any honour whatsoever (“honore fruantur nullo”).
Religion under the Christian emperors became a significant source of discrimination in legal status, and non-conformity might reach so far as to produce complete loss of rights. The laws concerning the Jews had a repressive and preventive object: the repression of Judaism and the prevention of inroads of Jewish influences into the state religion. The Jews were thrust into a position of isolation, and the Code of Theodosius and other authorities characterize the Jews as a lower order of depraved beings (inferioresandperversi), their community as a godless, dangerous sect (secta nefaria, feralis), their religion a superstition, their assemblies for religious worship a blasphemy (sacrilegi coetus) and a contagion (Scherer,op. cit.pp. 11-12). Yet Judaism under Roman Christian law was a lawful religion (religio licita), Valentinian I. (364-375) forbade the quartering of soldiers in the synagogues, Theodosius I. prohibited interference with the synagogue worship (“Judaeorum sectam nulla lege prohibitam satis constat”), and in 412 a special edict of protection was issued. But the admission of Christians into the Jewish fold was punished by confiscation of goods (357), the erection of new synagogues was arrested by Theodosius II. (439) under penalty of a heavy fine, Jews were forbidden to hold Christian slaves under pain of death (423). A similar penalty attached to intermarriage between Jews and Christians, and an attempt was made to nullify all Jewish marriages which were not celebrated in accordance with Roman law. But Justinian (527-565) was the first to interfere directly in the religious institutions of the Jewish people. In 553 he interdicted the use of the Talmud (which had then not long been completed), and the Byzantine emperors of the 8th and 9th centuries passed even more intolerant regulations. As regards civil law, Jews were at first allowed to settle disputes between Jew and Jew before their own courts, but Justinian denied to them and to heretics the right to appear as witnesses in the public courts against orthodox Christians. To Constantine V. (911-959) goes back the Jewish form of oath which in its later development required the Jew to gird himself with thorns; stand in water; and, holding the scroll of the Torah in his hand, invoke upon his person the leprosy of Naaman, the curse of Eli and the fate of Korah’s sons should he perjure himself. This was the original of all the medieval forms of oathmore judaico, which still prevailed in many European lands till the 19th century, and are even now maintained by some of the Rumanian courts. Jews were by the law of Honorius excluded from the army, from public offices and dignities (418), from acting as advocates (425); only the curial offices were open to them. Justinian gave the finishing touch by proclaiming in 537 the Jews absolutely ineligible for any honour whatsoever (“honore fruantur nullo”).
43.Judaism in Babylonia.—The Jews themselves were during this period engaged in building up a system of isolation on their own side, but they treated Roman law with greater hospitality than it meted out to them. The Talmud shows the influence of that law in many points, and may justly be compared to it as a monument of codification based on great principles. The Palestinian Talmud was completed in the 4th century, but the better known and more influential version was compiled in Babylonia about 500. The land which, a millennium before, had been a prison for the Jewish exiles was now their asylum of refuge. For a long time it formed their second fatherland. Here, far more than on Palestinian soil, was built the enduring edifice of rabbinism. The population of the southern part of Mesopotamia—the strip of land enclosed between the Tigris and the Euphrates—was, according to Graetz, mainly Jewish; while the district extending for about 70 m. on the east of the Euphrates, from Nehardea in the north to Sura in the south, became a new Palestine with Nehardea for its Jerusalem. The Babylonian Jews were practically independent, and the exilarch (resh-galutha) or prince of the captivity was an official who ruled the community as a vassal of the Persian throne. The exilarch claimed, like the Palestinian patriarch, descent from the royal house of David, and exercised most of the functions ofgovernment. Babylonia had risen into supreme importance for Jewish life at about the time when the Mishnah was completed. The great rabbinic academies at Sura and Nehardea, the former of which retained something of its dominant rôle till the 11th century, had been founded, Sura by Abba Arika (q.v.) (c.219), but Nehardea, the more ancient seat of the two, famous in the 3rd century for its association with Abba Arika’s renowned contemporary Samuel, lost its Jewish importance in the age of Mahomet.
To Samuel of Nehardea (q.v.) belongs the honour of formulating the principle which made it possible for Jews to live under alien laws. Jeremiah had admonished his exiled brothers: “Seek ye the peace of the city whither I have caused you to be carried away captives, and pray unto the Lord for it: for in the peace thereof shall ye have peace” (Jer. xxix. 7). It was now necessary to go farther, and the rabbis proclaimed a principle which was as influential with the synagogue as “Give unto Caesar that which is Caesar’s” became with the Church. “The law of the government is law” (Baba Qama113 b.), said Samuel, and ever since it has been a religious duty for the Jews to obey and accommodate themselves as far as possible to the laws of the country in which they are settled or reside. In 259 Odenathus, the Palmyrene adventurer whose memory has been eclipsed by that of his wife Zenobia, laid Nehardea waste for the time being, and in its neighbourhood arose the academy of Pumbedita (Pombeditha) which became a new focus for the intellectual life of Israel in Babylonia. These academies were organized on both scholastic and popular lines; their constitution was democratic. An outstanding feature was theKallahassemblage twice a year (in Elul at the close of the summer, and in Adar at the end of the winter), when there were gathered together vast numbers of outside students of the most heterogeneous character as regards both age and attainments. Questions received from various quarters were discussed and the final decision of theKallahwas signed by theResh-Kallahor president of the general assembly, who was only second in rank to theResh-Metibta, or president of the scholastic sessions. Thus the Babylonian academies combined the functions of specialist law-schools, universities and popular parliaments. They were a unique product of rabbinism; and the authors of the system were also the compilers of its literary expression, the Talmud.
44.Judaism in Islam.—Another force now appears on the scene. The new religion inaugurated by Mahomet differed in its theory from the Roman Catholic Church. The Church, it is true, in council after council, passed decisions unfriendly to the Jews. From the synod at Elvira in the 4th century this process began, and it was continued in the West-Gothic Church legislation, in the Lateran councils (especially the fourth in 1215), and in the council of Trent (1563). The anti-social tendency of these councils expressed itself in the infliction of the badge, in the compulsory domicile of Jews within ghettos, and in the erection of formidable barriers against all intercourse between church and synagogue. The protective instinct was responsible for much of this interference with the natural impulse of men of various creeds towards mutual esteem and forbearance. The church, it was conceived, needed defence against the synagogue at all hazards, and the fear that the latter would influence and dominate the former was never absent from the minds of medieval ecclesiastics. But though this defensive zeal led to active persecution, still in theory Judaism was a tolerated religion wherever the Church had sway, and many papal bulls of a friendly character were issued throughout the middle ages (Scherer, p. 32 seq.).
Islam, on the other hand, had no theoretic place in its scheme for tolerated religions; its principle was fundamentally intolerant. Where the mosque was erected, there was no room for church or synagogue. The caliph Omar initiated in the 7th century a code which required Christians and Jews to wear peculiar dress, denied them the right to hold state offices or to possess land, inflicted a poll-tax on them, and while forbidding them to enter mosques, refused them the permission to build new places of worship for themselves. Again and again these ordinances were repeated in subsequent ages, and intolerance for infidels is still a distinct feature of Mahommedan law. But Islam has often shown itself milder in fact than in theory, for its laws were made to be broken. The medieval Jews on the whole lived, under the crescent, a fuller and freer life than was possible to them under the cross. Mahommedan Babylonia (Persia) was the home of the gaonate (seeGaon), the central authority of religious Judaism, whose power transcended that of the secular exilarchate, for it influenced the synagogue far and wide, while the exilarchate was local. The gaonate enjoyed a practical tolerance remarkable when contrasted with the letter of Islamic law. And as the Bagdad caliphate tended to become more and more supreme in Islam, so the gaonate too shared in this increased influence. Not even the Qaraite schism was able to break the power of the geonim. But the dispersion of the Jews was proceeding in directions which carried masses from the Asiatic inland to the Mediterranean coasts and to Europe.
45.In Medieval Europe: Spain.—This dispersion of the Jews had begun in the Hellenistic period, but it was after the Barcochebas war that it assumed great dimensions in Europe. There were Jews in the Byzantine empire, in Rome, in France and Spain at very early periods, but it is with the Arab conquest of Spain that the Jews of Europe began to rival in culture and importance their brethren of the Persian gaonate. Before this date the Jews had been learning the rôle they afterwards filled, that of the chief promoters of international commerce. Already under Charlemagne this development is noticeable; in his generous treatment of the Jews this Christian emperor stood in marked contrast to his contemporary the caliph Harun al-Rashid, who persecuted Jews and Christians with equal vigour. But by the 10th century Judaism had received from Islam something more than persecution. It caught the contagion of poetry, philosophy and science.64The schismatic Qaraites initiated or rather necessitated a new Hebrew philology, which later on produced Qimḥi, the gaon Saadiah founded a Jewish philosophy, the statesman Ḥasdai introduced a new Jewish culture—and all this under Mahommedan rule. It is in Spain that above all the new spirit manifested itself. The distinctive feature of the Spanish-Jewish culture was its comprehensiveness. Literature and affairs, science and statecraft, poetry and medicine, these various expressions of human nature and activity were so harmoniously balanced that they might be found in the possession of one and the same individual. The Jews of Spain attained to high places in the service of the state from the time of the Moorish conquest in 711. From Hasdai ibn Shaprut in the 10th century and Samuel the nagid in the 11th the line of Jewish scholar-statesmen continued till we reach Isaac Abrabanel in 1492, the date of the expulsion of the Jews from Spain. This last-named event synchronized with the discovery of America; Columbus being accompanied by at least one Jewish navigator. While the Spanish period of Jewish history was thus brilliant from the point of view of public service, it was equally notable on the literary side. Hebrew religious poetry was revived for synagogue hymnology, and, partly in imitation of Arabian models, a secular Hebrew poetry was developed in metre and rhyme. The new HebrewPiyutfound its first important exponent in Kalir, who was not a Spaniard. But it is to Spain that we must look for the best of the medieval poets of the synagogue, greatest among them being Ibn Gabirol and Halevi. So, too, the greatest Jew of the middle ages, Maimonides, was a Spaniard. In him culminates the Jewish expression of the Spanish-Moorish culture; his writings had an influence on European scholasticism and contributed significant elements to the philosophy of Spinoza. But the reconquest of Andalusia by the Christians associated towards the end of the 15th century with the establishment of the Inquisition, introduced a spirit of intolerance which led to the expulsion of the Jews and Moors. The consequences of this blow were momentous; it may be said to inaugurate the ghetto period. In Spain Jewish life had participated in the general life, but the expulsion—while it dispersedthe Spanish Jews in Poland, Turkey, Italy and France, and thus in the end contributed to the Jewish emancipation at the French Revolution—for the time drove the Jews within their own confines and barred them from the outside world.65
46.In France, Germany, England, Italy.—In the meantime Jewish life had been elsewhere subjected to other influences which produced a result at once narrower and deeper. Under Charlemagne, the Jews, who had begun to settle in Gaul in the time of Caesar, were more than tolerated. They were allowed to hold land and were encouraged to become—what their ubiquity qualified them to be—the merchant princes of Europe. The reign of Louis the Pious (814-840) was, as Graetz puts it, “a golden era for the Jews of his kingdom, such as they had never enjoyed, and were destined never again to enjoy in Europe”—prior, that is, to the age of Mendelssohn. In Germany at the same period the feudal system debarred the Jews from holding land, and though there was as yet no material persecution they suffered moral injury by being driven exclusively into finance and trade. Nor was there any widening of the general horizon such as was witnessed in Spain. The Jewries of France and Germany were thus thrown upon their own cultural resources. They rose to the occasion. In Mainz there settled in the 10th century Gershom, the “light of the exile,” who, about 1000, published his ordinance forbidding polygamy in Jewish law as it had long been forbidden in Jewish practice. This ordinance may be regarded as the beginning of the Synodal government of Judaism, which was a marked feature of medieval life in the synagogues of northern and central Europe from the 12th century. Soon after Gershom’s death, Rashi (1040-1106) founded at Troyes a new school of learning. If Maimonides represented Judaism on its rational side, Rashi was the expression of its traditions.
French Judaism was thus in a sense more human if less humane than the Spanish variety; the latter produced thinkers, statesmen, poets and scientists; the former, men with whom the Talmud was a passion, men of robuster because of more naïve and concentrated piety. In Spain and North Africa persecution created that strange and significant phenomenon Maranism or crypto-Judaism, a public acceptance of Islam or Christianity combined with a private fidelity to the rites of Judaism. But in England, France and Germany persecution altogether failed to shake the courage of the Jews, and martyrdom was borne in preference to ostensible apostasy. The crusades subjected the Jews to this ordeal. The evil was wrought, not by the regular armies of the cross who were inspired by noble ideals, but by the undisciplined mobs which, for the sake of plunder, associated themselves with the genuine enthusiasts. In 1096 massacres of Jews occurred in many cities of the Rhineland. During the second crusade (1145-1147) Bernard of Clairvaux heroically protested against similar inhumanities. The third crusade, famous for the participation of Richard I., was the occasion for bloody riots in England, especially in York, where 150 Jews immolated themselves to escape baptism. Economically and socially the crusades had disastrous effects upon the Jews (see J. Jacobs,Jewish Encyclopedia, iv. 379). Socially they suffered by the outburst of religious animosity. One of the worst forms taken by this ill-will was the oft-revived myth of ritual murder (q.v.), and later on when the Black Death devastated Europe (1348-1349) the Jews were the victims of an odious charge of well-poisoning. Economically the results were also injurious. “Before the crusades the Jews had practically a monopoly of trade in Eastern products, but the closer connexion between Europe and the East brought about by the crusades raised up a class of merchant traders among the Christians, and from this time onwards restrictions on the sale of goods by Jews became frequent” (op. cit.). After the second crusade the German Jews fell into the class ofservi camerae, which at first only implied that they enjoyed the immunity of imperial servants, but afterwards made of them slaves and pariahs. At the personal whim of rulers, whether royal or of lower rank, the Jews were expelled from states and principalities and were reduced to a condition of precarious uncertainty as to what the morrow might bring forth. Pope Innocent III. gave strong impetus to the repression of the Jews, especially by ordaining the wearing of a badge. Popular animosity was kindled by the enforced participation of the Jews in public disputations. In 1306 Philip IV. expelled the Jews from France, nine years later Louis X. recalled them for a period of twelve years. Such vicissitudes were the ordinary lot of the Jews for several centuries, and it was their own inner life—the pure life of the home, the idealism of the synagogue, and the belief in ultimate Messianic redemption—that saved them from utter demoralization and despair. Curiously enough in Italy—and particularly in Rome—the external conditions were better. The popes themselves, within their own immediate jurisdiction, were often far more tolerant than their bulls issued for foreign communities, and Torquemada was less an expression than a distortion of the papal policy. In the early 14th century, the age of Dante, the new spirit of the Renaissance made Italian rulers the patrons of art and literature, and the Jews to some extent shared in this gracious change. Robert of Aragon—vicar-general of the papal states—in particular encouraged the Jews and supported them in their literary and scientific ambitions. Small coteries of Jewish minor poets and philosophers were formed, and men like Kalonymos and Immanuel—Dante’s friend—shared the versatility and culture of Italy. But in Germany there was no echo of this brighter note. Persecution was elevated into a system, a poll-tax was exacted, and the rabble was allowed (notably in 1336-1337) to give full vent to its fury. Following on this came the Black Death with its terrible consequences in Germany; even in Poland, where the Jews had previously enjoyed considerable rights, extensive massacres took place.
In effect the Jews became outlaws, but their presence being often financially necessary, certain officials were permitted to “hold Jews,” who were liable to all forms of arbitrary treatment, on the side of their “owners.” The Jews had been among the first to appreciate the commercial advantages of permitting the loan of money on interest, but it was the policy of the Church that drove the Jews into money-lending as a characteristic trade. Restrictions on their occupations were everywhere common, and as the Church forbade Christians to engage in usury, this was the only trade open to the Jews. The excessive demands made upon the Jews forbade a fair rate of interest. “The Jews were unwilling sponges by means of which a large part of the subjects’ wealth found its way into the royal exchequer” (Abrahams,Jewish Life in the Middle Ages, ch. xii.). Hence, though this procedure made the Jews intensely obnoxious to the peoples, they became all the more necessary to the rulers. A favourite form of tolerance was to grant a permit to the Jews to remain in the state for a limited term of years; their continuance beyond the specified time was illegal and they were therefore subject to sudden banishment. Thus a second expulsion of the Jews of France occurred in 1394. Early in the 15th century John Hus—under the inspiration of Wycliffe—initiated at Prague the revolt against the Roman Catholic Church. The Jews suffered in the persecution that followed, and in 1420 all the Austrian Jews were thrown into prison. Martin V. published a favourable bull, but it was ineffectual. The darkest days were nigh. Pope Eugenius (1442) issued a fiercely intolerant missive; the Franciscan John of Capistrano moved the masses to activity by his eloquent denunciations; even Casimir IV. revoked the privileges of the Jews in Poland, when the Turkish capture of Constantinople (1453) offered a new asylum for the hunted Jews of Europe. But in Europe itself the catastrophe was not arrested. The Inquisition in Spain led to the expulsion of the Jews (1492), and this event involved not only the latter but the whole of the Jewish people. “The Jews everywhere felt as if the temple had again been destroyed” (Graetz). Nevertheless, the result was not all evil. If fugitives are for the next half-century to be met with in all parts of Europe, yet, especially in the Levant, there grew up thriving Jewishcommunities often founded by Spanish refugees. Such incidents as the rise of Joseph Nasi (q.v.) to high position under the Turkish government as duke of Naxos mark the coming change. The reformation as such had no favourable influence on Jewish fortunes in Christian Europe, though the championship of the cause of toleration by Reuchlin had considerable value. But the age of the ghetto (q.v.) had set in too firmly for immediate amelioration to be possible. It is to Holland and to the 17th century that we must turn for the first real steps towards Jewish emancipation.
47.Period of Emancipation.—The ghetto, which had prevailed more or less rigorously for a long period, was not formally prescribed by the papacy until the beginning of the 16th century. The same century was not ended before the prospect of liberty dawned on the Jews. Holland from the moment that it joined the union of Utrecht (1579) deliberately set its face against religious persecution (Jewish Encyclopedia, i. 537). Maranos, fleeing to the Netherlands, were welcomed; the immigrants were wealthy, enterprising and cultured. Many Jews, who had been compelled to conceal their faith, now came into the open. By the middle of the 17th century the Jews of Holland had become of such importance that Charles II. of England (then in exile) entered into negotiations with the Amsterdam Jews (1656). In that same year the Amsterdam community was faced by a serious problem in connexion with Spinoza. They brought themselves into notoriety by excommunicating the philosopher—an act of weak self-defence on the part of men who had themselves but recently been admitted to the country, and were timorous of the suspicion that they shared Spinoza’s then execrated views. It is more than a mere coincidence that this step was taken during the absence in England of one of the ablest and most notable of the Amsterdam rabbis. At the time, Menasseh ben Israel (q.v.) was in London, on a mission to Cromwell. The Jews had been expelled from England by Edward I., after a sojourn in the country of rather more than two centuries, during which they had been the licensed and oppressed money-lenders of the realm, and had—through the special exchequer of the Jews—been used by the sovereign as a means of extorting a revenue from his subjects. In the 17th century a considerable number of Jews had made a home in the English colonies, where from the first they enjoyed practically equal rights with the Christian settlers. Cromwell, upon the inconclusive termination of the conference summoned in 1655 at Whitehall to consider the Jewish question, tacitly assented to the return of the Jews to this country, and at the restoration his action was confirmed. The English Jews “gradually substituted for the personal protection of the crown, the sympathy and confidence of the nation” (L. Wolf,Menasseh ben Israel’s Mission to Cromwell, p. lxxv.). The city of London was the first to be converted to the new attitude. “The wealth they brought into the country, and their fruitful commercial activity, especially in the colonial trade, soon revealed them as an indispensable element of the prosperity of the city. As early as 1668, Sir Josiah Child, the millionaire governor of the East India company, pleaded for their naturalization on the score of their commercial utility. For the same reason the city found itself compelled at first to connive at their illegal representation on ’Change, and then to violate its own rules by permitting them to act as brokers without previously taking up the freedom. At this period they controlled more of the foreign and colonial trade than all the other alien merchants in London put together. The momentum of their commercial enterprise and stalwart patriotism proved irresistible. From the exchange to the city council chamber, thence to the aldermanic court, and eventually to the mayoralty itself, were inevitable stages of an emancipation to which their large interests in the city and their high character entitled them. Finally the city of London—not only as the converted champion of religious liberty but as the convinced apologist of the Jews—sent Baron Lionel de Rothschild to knock at the door of the unconverted House of Commons as parliamentary representative of the first city in the world” (Wolf,loc. cit.).
The pioneers of this emancipation in Holland and England were Sephardic (or Spanish) Jews—descendants of the Spanish exiles. In the meantime the Ashkenazic (or German) Jews had been working out their own salvation. The chief effects of the change were not felt till the 18th century. In England emancipation was of democratic origin and concerned itself with practical questions. On the Continent, the movement was more aristocratic and theoretical; it was part of the intellectual renaissance which found its most striking expression in the principles of the French Revolution. Throughout Europe the 18th century was less an era of stagnation than of transition. The condition of the European Jews seems, on a superficial examination, abject enough. But, excluded though they were from most trades and occupations, confined to special quarters of the city, disabled from sharing most of the amenities of life, the Jews nevertheless were gradually making their escape from the ghetto and from the moral degeneration which it had caused. Some ghettos (as in Moravia) were actually not founded till the 18th century, but the careful observer can perceive clearly that at that period the ghetto was a doomed institution. In the “dark ages” Jews enjoyed neither rights nor privileges; in the 18th century they were still without rights but they had privileges. A grotesque feature of the time in Germany and Austria was the class of court Jews, such as the Oppenheims, the personal favourites of rulers and mostly their victims when their usefulness had ended. These men often rendered great services to their fellow-Jews, and one of the results was the growth in Jewish society of an aristocracy of wealth, where previously there had been an aristocracy of learning. Even more important was another privileged class—that of theSchutz-Jude(protected Jew). Where there were no rights, privileges had to be bought. While the court Jews were the favourites of kings, the protected Jews were the protégés of town councils. Corruption is the frequent concomitant of privilege, and thus the town councils often connived for a price at the presence in their midst of Jews whose admission was illegal. Many Jews found it possible to evade laws of domicile by residing in one place and trading in another. Nor could they be effectually excluded from the fairs, the great markets of the 18th century. The Sephardic Jews in all these respects occupied a superior position, and they merited the partiality shown to them. Their personal dignity and the vast range of their colonial enterprises were in striking contrast to the retail traffic of the Ashkenazim and their degenerate bearing and speech. Peddling had been forced on the latter by the action of the gilds which were still powerful in the 18th century on the Continent. Another cause may be sought in the Cossack assaults on the Jews at an earlier period. Crowds of wanderers were to be met on every road; Germany, Holland and Italy were full of Jews who, pack on shoulder, were seeking a precarious livelihood at a time when peddling was neither lucrative nor safe.
But underneath all this were signs of a great change. The 18th century has a goodly tale of Jewish artists in metal-work, makers of pottery, and (wherever the gilds permitted it) artisans and wholesale manufacturers of many important commodities. The last attempts at exclusion were irritating enough; but they differed from the earlier persecution. Such strange enactments as theFamilianten-Gesetz, which prohibited more than one member of a family from marrying, broke up families by forcing the men to emigrate. In 1781 Dohm pointed to the fact that a Jewish father could seldom hope to enjoy the happiness of living with his children. In that very year, however, Joseph II. initiated in Austria a new era for the Jews. This Austrian reformation was so typical of other changes elsewhere, and so expressive of the previous disabilities of the Jews, that, even in this rapid summary, space must be spared for some of the details supplied by Graetz. “By this new departure (19th of October 1781) the Jews were permitted to learn handicrafts, arts and sciences, and with certain restrictions to devote themselves to agriculture. The doors of the universities and academies, hitherto closed to them, were thrown open.... An ordinance of November 2 enjoined that the Jews were everywhere considered fellow-men, and all excesses against them wereto be avoided. The Leibzoll (body-tax) was also abolished, in addition to the special law-taxes, the passport duty, the night-duty and allsimilarimposts which had stamped the Jews as outcast, for they were now (Dec. 19) to have equal rights with the Christian inhabitants.” The Jews were not, indeed, granted complete citizenship, and their residence and public worship in Vienna and other Austrian cities were circumscribed and even penalized. “But Joseph II. annulled a number of vexatious, restrictive regulations, such as the compulsory wearing of beards, the prohibition against going out in the forenoon on Sundays or holidays, or frequenting public pleasure resorts. The emperor even permitted Jewish wholesale merchants, notables and their sons, to wear swords (January 2, 1782), and especially insisted that Christians should behave in a friendly manner towards Jews.”
48.The Mendelssohn Movement.—This notable beginning to the removal of “the ignominy of a thousand years” was causally connected with the career of Moses Mendelssohn (1729-1786;q.v.). He found on both sides an unreadiness for approximation: the Jews had sunk into apathy and degeneration, the Christians were still moved by hereditary antipathy. The failure of the hopes entertained of Sabbatai Zebi (q.v.) had plunged the Jewries of the world into despair. This Smyrnan pretender not only proclaimed himself Messiah (c.1650) but he was accepted in that rôle by vast numbers of his brethren. At the moment when Spinoza was publishing a system which is still a dominating note of modern philosophy, this other son of Israel was capturing the very heart of Jewry. His miracles were reported and eagerly believed everywhere; “from Poland, Hamburg and Amsterdam treasures poured into his court; in the Levant young men and maidens prophesied before him; the Persian Jews refused to till the fields. ‘We shall pay no more taxes,’ they said, ‘our Messiah is come.’” The expectation that he would lead Israel in triumph to the Holy Land was doomed to end in disappointment. Sabbatai lacked one quality without which enthusiasm is ineffective; he failed to believe in himself. At the critical moment he embraced Islam to escape death, and though he was still believed in by many—it was not Sabbatai himself but a phantom resemblance that had assumed the turban!—his meteoric career did but colour the sky of the Jews with deeper blackness. Despite all this, one must not fall into the easy error of exaggerating the degeneration into which the Jewries of the world fell from the middle of the 17th till the middle of the 18th century. For Judaism had organized itself; theShulḥan aruchof Joseph Qaro (q.v.), printed in 1564 within a decade of its completion, though not accepted without demur, was nevertheless widely admitted as the code of Jewish life. If in more recent times progress in Judaism has implied more or less of revolt against the rigors and fetters of Qaro’s code, yet for 250 years it was a powerful safeguard against demoralization and stagnation. No community living in full accordance with that code could fail to reach a high moral and intellectual level.
It is truer to say that on the whole the Jews began at this period to abandon as hopeless the attempt to find a place for themselves in the general life of their country. Perhaps they even ceased to desire it. Their children were taught without any regard to outside conditions, they spoke and wrote a jargon, and their whole training, both by what it included and by what it excluded, tended to produce isolation from their neighbours. Moses Mendelssohn, both by his career and by his propaganda, for ever put an end to these conditions; he more than any other man. Born in the ghetto of Dessau, he was not of the ghetto. At the age of fourteen he found his way to Berlin, where Frederick the Great, inspired by the spirit of Voltaire, held the maxim that “to oppress the Jews never brought prosperity to any government.” Mendelssohn became a warm friend of Lessing, the hero of whose dramaNathan the Wisewas drawn from the Dessau Jew. Mendelssohn’sPhaedo, on the immortality of the soul, brought the author into immediate fame, and the simple home of the “Jewish Plato” was sought by many of the leaders of Gentile society in Berlin. Mendelssohn’s translation of the Pentateuch into German with a new commentary by himself and others introduced the Jews to more modern ways of thinking. Two results emanated from Mendelssohn’s work. A new school of scientific study of Judaism emerged, to be dignified by the names of Leopold Zunz (q.v.), H. Graetz (q.v.) and many others. On the other hand Mendelssohn by his pragmatic conception of religion (specially in hisJerusalem) weakened the belief of certain minds in the absolute truth of Judaism, and thus his own grandchildren (including the famous musician Felix Mendelssohn-Bartholdy) as well as later Heine, Börne, Gans and Neander, embraced Christianity. Within Judaism itself two parties were formed, the Liberals and the Conservatives, and as time went on these tendencies definitely organized themselves. Holdheim (q.v.) and Geiger (q.v.) led the reform movement in Germany and at the present day the effects of the movement are widely felt in America on the Liberal side and on the opposite side in the work of the neo-orthodox school founded by S. R. Hirsch (q.v.). Modern seminaries were established first in Breslau by Zacharias Fränkel (q.v.) and later in other cities. Brilliant results accrued from all this participation in the general life of Germany. Jews, engaged in all the professions and pursuits of the age, came to the front in many branches of public life, claiming such names as Riesser (d. 1863) and Lasker in politics, Auerbach in literature, Rubinstein and Joachim in music, Traube in medicine, and Lazarus in psychology. Especially famous have been the Jewish linguists, pre-eminent among them Theodor Benfey (1809-1881), the pioneer of modern comparative philology; and the Greek scholar and critic Jakob Bernays (1824-1881).
49.Effect of the French Revolution.—In close relation to the German progress in Mendelssohn’s age, events had been progressing in France, where the Revolution did much to improve the Jewish condition, thanks largely to the influence of Mirabeau. In 1807 Napoleon convoked a Jewish assembly in Paris. Though the decisions of this body had no binding force on the Jews generally, yet in some important particulars its decrees represent principles widely adopted by the Jewish community. They proclaim the acceptance of the spirit of Mendelssohn’s reconciliation of the Jews to modern life. They assert the citizenship and patriotism of Jews, their determination to accommodate themselves to the present as far as they could while retaining loyalty to the past. They declare their readiness to adapt the law of the synagogue to the law of the land, as for instance in the question of marriage and divorce. No Jew, they decided, may perform the ceremony of marriage unless civil formalities have been fulfilled; and divorce is allowed to the Jews only if and so far as it is confirmatory of a legal divorce pronounced by the civil law of the land. The French assembly did not succeed in obtaining formal assent to these decisions (except from Frankfort and Holland), but they gained the practical adhesion of the majority of Western and American Jews. Napoleon, after the report of the assembly, established the consistorial system which remained in force, with its central consistory in the capital, until the recent separation of church and state. Many French Jews acquired fame, among them the ministers Crémieux (1796-1879), Fould, Gondchaux and Raynal; the archaeologists and philologians Oppert, Halévy, Munk, the Derenbourgs, Darmesteters and Reinachs; the musicians Halévy, Waldteufel and Meyerbeer; the authors and dramatists Catulle Mendès and A. d’Ennery, and many others, among them several distinguished occupants of civil and military offices.
50.Modern Italy.—Similar developments occurred in other countries, though it becomes impossible to treat the history of the Jews, from this time onwards, in general outline. We must direct our attention to the most important countries in such detail as space permits. And first as to Italy, where the Jews in a special degree have identified themselves with the national life. The revolutions of 1848, which greatly affected the position of the Jews in several parts of Europe, brought considerable gain to the Jews of Italy. During the war against Austria in the year named, Isaac Pesaro Marogonato was finance minister in Venice. Previously to this date the Jews were still confined to the ghetto, but in 1859, in the Italy united under VictorEmanuel II., the Jews obtained complete rights, a privilege which was extended also to Rome itself in 1870. The Italian Jews devoted themselves with ardour to the service of the state. Isaac Artom was Cavour’s secretary, L’ Olper a counsellor of Mazzini. “The names of the Jewish soldiers who died in the cause of Italian liberty were placed along with those of their Christian fellow soldiers on the monuments erected in their honour” (Jewish Encyclopedia, vii. 10). More recently men like Wollemberg, Ottolenghi and Luzzatti rose to high positions as ministers of state. Most noted of recent Jewish scholars in Italy was S. D. Luzzatto (q.v.).
51.Austria.—From Italy we may turn to the country which so much influenced Italian politics, Austria, which had founded the system of “Court Jews” in 1518, had expelled the Jews from Vienna as late as 1670, when the synagogue of that city was converted into a church. But economic laws are often too strong for civil vagaries or sectarian fanaticism, and as the commerce of Austria suffered by the absence of the Jews, it was impossible to exclude the latter from the fairs in the provincesorfrom the markets of the capital. As has been pointed out above, certain protected Jews were permitted to reside in places where the expulsion of the Jews had been decreed. But Maria Theresa (1740-1780) was distinguished for her enmity to the Jews, and in 1744 made a futile attempt to secure their expulsion from Bohemia. “In 1760 she issued an order that all unbearded Jews should wear a yellow badge on their left arm” (Jewish Encyclopedia, ii. 330). The most petty limitations of Jewish commercial activity continued; thus at about this period the community of Prague, in a petition, “complain that they are not permitted to buy victuals in the market before a certain hour, vegetables not before 9 and cattle not before 11 o’clock; to buy fish is sometimes altogether prohibited; Jewish druggists are not permitted to buy victuals at the same time with Christians” (op. cit.). So, too, with taxation. It was exorbitant and vexatious. To pay for rendering inoperative the banishment edict of 1744, the Jews were taxed 3,000,000 florins annually for ten years. In the same year it was decreed that the Jews should pay “a special tax of 40,000 florins for the right to import their citrons for the feast of booths.” Nevertheless, Joseph II. (1780-1790) inaugurated a new era for the Jews of his empire. Soon after his accession he abolished the distinctive Jewish dress, abrogated the poll-tax, admitted the Jews to military service and their children to the public schools, and in general opened the era of emancipation by theToleranzpatentof 1782. This enlightened policy was not continued by the successors of Joseph II. Under Francis II. (1792-1835) economic and social restrictions were numerous. Agriculture was again barred; indeed the Vienna congress of 1815 practically restored the old discriminations against the Jews. As time went on, a more progressive policy intervened, the special form of Jewish oath was abolished in 1846, and in 1848, as a result of the revolutionary movement in which Jews played an active part, legislation took a more liberal turn. Francis Joseph I. ascended the throne in that year, and though the constitution of 1849 recognized the principle of religious liberty, an era of reaction supervened, especially when “the concordat of 1855 delivered Austria altogether into the hands of the clericals.” But the day of medieval intolerance had passed, and in 1867 the new constitution “abolished all disabilities on the ground of religious differences,” though anti-Semitic manipulation of the law by administrative authority has led to many instances of intolerance. Many Jews have been members of the Reichsrath, some have risen to the rank of general in the army, and Austrian Jews have contributed their quota to learning, the arts and literature. Löw, Jellinek, Kaufmann, as scholars in the Jewish field; as poets and novelists, Kompert, Franzos, L. A. Frankl; the pianist Moscheles, the dramatist Mosenthal, and the actor Sonnenthal, the mathematician Spitzer and the chess-player Steinitz are some of the most prominent names. The law of 1890 makes it “compulsory for every Jew to be a member of the congregation of the district in which he resides, and so gives to every congregation the right to tax the individual members” (op. cit.). A similar obligation prevails in parts of Germany. A Jew can avoid the communal tax only by formally declaring himself as outside the Jewish community. The Jews of Hungary shared with their brethren in Austria the same alternations of expulsion and recall. By the law “De Judaeis” passed by the Diet in 1791 the Jews were accorded protection, but half a century passed before their tolerated condition was regularized. The “toleration-tax” was abolished in 1846. During the revolutionary outbreak of 1848, the Jews suffered severely in Hungary, but as many as 20,000 Jews are said to have joined the army. Kossuth succeeded in granting them temporary emancipation, but the suppression of the War of Independence led to an era of royal autocracy which, while it advanced Jewish culture by enforcing the establishment of modern schools, retarded the obtaining of civic and political rights. As in Austria, so in Hungary, these rights were granted by the constitution of 1867. But one step remained. The Hungarian Jews did not consider themselves fully emancipated until the Synagogue was “duly recognized as one of the legally acknowledged religions of the country.” This recognition was granted by the law of 1895-1896. In the words of Büchler (Jewish Encyclopedia, vi. 503): “Since their emancipation the Jews have taken an active part in the political, industrial, scientific and artistic life of Hungary. In all these fields they have achieved prominence. They have also founded great religious institutions. Their progress has not been arrested even by anti-Semitism, which first developed in 1883 at the time of the Tisza-Eslar accusation of ritual murder.”
52.Other European Countries.—According to M. Caimi the present Jewish communities of Greece are divisible into five groups: (1) Arta (Epirus); (2) Chalcis (Euboea); (3) Athens (Attica); (4) Volo, Larissa and Trikala (Thessaly); and (5) Corfu and Zante (Ionian Islands). The Greek constitution admits no religious disabilities, but anti-Semitic riots in Corfu and Zante in 1891 caused much distress and emigration. In Spain there has been of late a more liberal attitude towards the Jews, and there is a small congregation (without a public synagogue) in Madrid. In 1858 the edict of expulsion was repealed. Portugal, on the other hand, having abolished the Inquisition in 1821, has since 1826 allowed Jews freedom of religion, and there are synagogues in Lisbon and Faro. In Holland the Jews were admitted to political liberty in 1796. At present more than half of the Dutch Jews are concentrated in Amsterdam, being largely engaged in the diamond and tobacco trades. Among famous names of recent times foremost stands that of the artist Josef Israels. In 1675 was consecrated in Amsterdam the synagogue which is still the most noted Jewish edifice in Europe. Belgium granted full freedom to the Jews in 1815, and the community has since 1808 been organized on the state consistorial system, which till recently also prevailed in France. It was not till 1874 that full religious equality was granted to the Jews of Switzerland. But there has been considerable interference (ostensibly on humanitarian grounds) with the Jewish method of slaughtering animals for food (Sheḥitah) and the method was prohibited by a referendum in 1893. In the same year a similar enactment was passed in Saxony, and the subject is a favourite one with anti-Semites, who have enlisted on their side some scientific authorities, though the bulk of expert opinion is in favor ofSheḥitah(see Dembo,Das Schlachten, 1894). In Sweden the Jews have all the rights which are open to non-Lutherans; they cannot become members of the council of state. In Norway there is a small Jewish settlement (especially in Christiania) who are engaged in industrial pursuits and enjoy complete liberty. Denmark has for long been distinguished for its liberal policy towards the Jews. Since 1814 the latter have been eligible as magistrates, and in 1849 full equality was formally ratified. Many Copenhagen Jews achieved distinction as manufacturers, merchants and bankers, and among famous Jewish men of letters may be specially named Georg Brandes.
The story of the Jews in Russia and Rumania remains a black spot on the European record. In Russia the Jews are more numerous and more harshly treated than in any other part of the world. In the remotest past Jews were settled in much ofthe territory now included in Russia, but they are still treated as aliens. They are restricted to the pale of settlement which was first established in 1791. The pale now includes fifteen governments, and under the May laws of 1892 the congestion of the Jewish population, the denial of free movement, and the exclusion from the general rights of citizens were rendered more oppressive than ever before. The right to leave the pale is indeed granted to merchants of the first gild, to those possessed of certain educational diplomas, to veteran soldiers and to certain classes of skilled artisans. But these concessions are unfavourably interpreted and much extortion results. Despite a huge emigration of Jews from Russia, the congestion within the pale is the cause of terrible destitution and misery. Fierce massacres occurred in Nizhniy-Novgorod in 1882, and in Kishinev in 1903. Many other pogroms have occurred, and the condition of the Jews has been reduced to one of abject poverty and despair. Much was hoped from the duma, but this body has proved bitterly opposed to the Jewish claim for liberty. Yet in spite of these disabilities there are amongst the Russian Jews many enterprising contractors, skilful doctors, and successful lawyers and scientists. In Rumania, despite the Berlin Treaty, the Jews are treated as aliens, and but a small number have been naturalized. They are excluded from most of the professions and are hampered in every direction.
53.Oriental Countries.—In the Orient the condition of the Jews has been much improved by the activity of Western organizations, of which something is said in a later paragraph. Modern schools have been set up in many places, and Palestine has been the scene of a notable educational and agricultural revival, while technical schools—such as the agricultural college near Jaffa and the schools of the alliance and the more recent Bezalel in Jerusalem—have been established. Turkey has always on the whole tolerated the Jews, and much is hoped from the new régime. In Morocco the Jews, who until late in the 19th century were often persecuted, are still confined to amellah(separate quarter), but at the coast-towns there are prosperous Jewish communities mostly engaged in commerce. In other parts of the same continent, in Egypt and in South Africa, many Jews have settled, participating in all industrial and financial pursuits. Recently a mission has been sent to the Falashas of Abyssinia, and much interest has been felt in such outlying branches of the Jewish people as the Black Jews of Cochin and the Bene Israel community of Bombay. In Persia Jews are often the victims of popular outbursts as well as of official extortion, but there are fairly prosperous communities at Bushire, Isfahan, Teheran and Kashan (in Shiraz they are in low estate). The recent advent of constitutional government may improve the condition of the Jews.
54.The United Kingdom.—The general course of Jewish history in England has been indicated above. The Jews came to England at least as early as the Norman Conquest; they were expelled from Bury St Edmunds in 1190, after the massacres at the coronation of Richard I.; they were required to wear badges in 1218. At the end of the 12th century was established the “exchequer of the Jews,” which chiefly dealt with suits concerning money-lending, and arranged a “continual flow of money from the Jews to the royal treasury,” and a so-called “parliament of the Jews” was summoned in 1241; in 1275 was enacted the statutede Judaismowhich, among other things, permitted the Jews to hold land. But this concession was illusory, and as the statute prevented Jews from engaging in finance—the only occupation which had been open to them—it was a prelude to their expulsion in 1290. There were few Jews in England from that date till the Commonwealth, but Jews settled in the American colonies earlier in the 17th century, and rendered considerable services in the advancement of English commerce. The Whitehall conference of 1655 marks a change in the status of the Jews in England itself, for though no definite results emerged it was clearly defined by the judges that there was no legal obstacle to the return of the Jews. Charles II. in 1664 continued Cromwell’s tolerant policy. No serious attempt towards the emancipation of the Jews was made till the Naturalization Act of 1753, which was, however, immediately repealed. Jews no longer attached to the Synagogue, such as the Herschels and Disraelis, attained to fame. In 1830 the first Jewish emancipation bill was brought in by Robert Grant, but it was not till the legislation of 1858-1860 that Jews obtained full parliamentary rights. In other directions progress was more rapid. The office of sheriff was thrown open to Jews in 1835 (Moses Montefiore, sheriff of London was knighted in 1837); Sir I. L. Goldsmid was made a baronet in 1841, Baron Lionel de Rothschild was elected to Parliament in 1847 (though he was unable to take his seat), Alderman (Sir David) Salomons became lord mayor of London in 1855 and Francis Goldsmid was made a Q.C. in 1858. In 1873 Sir George Jessel was made a judge, and Lord Rothschild took his seat in the House of Lords as the first Jewish peer in 1886. A fair proportion of Jews have been elected to the House of Commons, and Mr Herbert Samuel rose to cabinet rank in 1909. Sir Matthew Nathan has been governor of Hong-Kong and Natal, and among Jewish statesmen in the colonies Sir Julius Vogel and V. L. Solomon have been prime ministers (Hyamson:A History of the Jews in England, p. 342). It is unnecessary to remark that in the British colonies the Jews everywhere enjoy full citizenship. In fact, the colonies emancipated the Jews earlier than did the mother country. Jews were settled in Canada from the time of Wolfe, and a congregation was founded at Montreal in 1768, and since 1832 Jews have been entitled to sit in the Canadian parliament. There are some thriving Jewish agricultural colonies in the same dominion. In Australia the Jews from the first were welcomed on perfectly equal terms. The oldest congregation is that of Sydney (1817); the Melbourne community dates from 1844. Reverting to incidents in England itself, in 1870 the abolition of university tests removed all restrictions on Jews at Oxford and Cambridge, and both universities have since elected Jews to professorships and other posts of honour. The communal organization of English Jewry is somewhat inchoate. In 1841 an independent reform congregation was founded, and the Spanish and Portuguese Jews have always maintained their separate existence with a Ḥaham as the ecclesiastical head. In 1870 was founded the United Synagogue, which is a metropolitan organization, and the same remark applies to the more recent Federation of Synagogues. The chief rabbi, who is the ecclesiastical head of the United Synagogue, has also a certain amount of authority over the provincial and colonial Jewries, but this is nominal rather than real. The provincial Jewries, however, participate in the election of the chief rabbi. At the end of 1909 was held the first conference of Jewish ministers in London, and from this is expected some more systematic organization of scattered communities. Anglo-Jewry is rich, however, in charitable, educational and literary institutions; chief among these respectively may be named the Jewish board of guardians (1859), the Jews’ college (1855), and the Jewish historical society (1893). Besides the distinctions already noted, English Jews have risen to note in theology (C. G. Montefiore), in literature (Israel Zangwill and Alfred Sutro), in art (S. Hart, R.A., and S. J. Solomon, R.A.) in music (Julius Benedict and Frederick Hymen Cowen). More than 1000 English and colonial Jews participated as active combatants in the South African War. The immigration of Jews from Russia was mainly responsible for the ineffective yet oppressive Aliens Act of 1905. (Full accounts of Anglo-Jewish institutions are given in theJewish Year-Bookpublished annually since 1895.)