KATZ 1937 - The Jews in The Visigothic and Frankish Kingdoms of Spain and Gaul

MONOGRAPHS OF
THE MEDIAEVAL ACADEMY

OF AMERICA
No. 12
ACADEMY MONOGRAPHS
No. 1. Genoese ShipJing in the Twelfth and Thirteenth
Centuriea, by E. H. Byme
No. 2. Harunu'l-Raahid and Charlea the Great, by F. W.
BuCKLER
No. S. Alien Merchanta in England, 1350 to 1377, by

ALICE BEARDWOOD
No. 4. Feudal Monarchy in the Latin Kingdom of Jerusalem,

1100 to 1291, by J. L. LA MoNTE
No. 5. Alexander'a Gate, Gog and J-lagog, and the lnclosed
N ationa, by A. R. ANDERSON
No. 6. The Administration of Normandy under Saint Louis,
by J. R. STRAYER
No. 7. Borough and Town, A Study of Urban Origin.<t fo
England, by CARL STEPHENSON
No. 8. Ordination Anointings in the Western Church before
1000 A.D., by GERALD ELLARD
No. 9. Parliamentary Taxes on Personal Property, 1290
to 1334, by J. F. WILLARD
No. 10. The ludicium Quinquevirale, by C. H. CosTER
No. 11. The Goths in the Crimea, by A. A . VASILIEV
No. l!l. The Jews in the Visigothic and Frankish Kingdoms of

Spain and Gaul, by SOLOMON KATz
THE JEWS IN THE VISIGOTHIC AND
FRANKISH KINGDOMS OF
SPAIN AND GAUL
SOLOMON KATZ
Instructor in History
University of Washington
THE MEDIAEVAL ACADEMY OF AMERICA

CAMBRIDGE, MASSACHUSETTS
1937
The publicafion of thia book waa made poa-
sible, in part, by a grant of funda to the
JI ediaeral Academy from the Carnegie Cor-
poration of New York.
COPYRIGHT, 1987
BY
THE MEDIAEVAL ACADEMY OF Al\IERICA

Prinled in U. S. A.
PRESS OF
THE INTELLIC<ENCER PRINTINCJ Co.
l.ANCASTER. PA .
PREFACE
T HEment
history of the Jews in Spain and Gaul, from their earliest settle-
until the fall of the Visigothic power in Spain in and to
711,
the end of the Carolingian period in Gaul, merits a special study. None
of the historians of the Jews-Jost, Graetz, or Dubnow-has presented a
sufficiently complete account of the history of the Jews in this period.
lmportant per se, a critica] investigation of the sources should also help
illumine the conditions of life of the Christians in the Visigothic and
Frankish kingdoms.
In the present case an examination of the legal condition of the Jews
seems to be the method best suited to portray their history in detail.
If it should appear specious to attach such importance to the laws regard-
ing Jews, it must be remembercd that nearly ali our information concern-
ing them is derived from thc laws. Very definite limitations must be
set to this study because of the paucity of the sources. For Spain
canonical and civil legislation affords almost the sole guide. For Gaul too
the laws are of prime importance. That we refer constantly to the laws
and canons is not alone because of their importance, but because they are
the most trustworthy sources we possess.
The works of Isidore of Seville and Julian of Toledo offer sorne assist-
ance in determining the several aspects of the life of the Jews in Visigothic
Spain. For Gaul we have the lives of the Saints, the works of Gregory
of Tours, the various Carolingian chronicles, and the polemical works of
Agobard and Amulo. But the notices which they devote to the Jews
are scattered and at best merely supplement the laws.
In order to understand these laws and their impJications, their rai.son
d' etre, it will be necessary to know something of their genesis, their
evolution from or their variance with Roman law regarding the Jews.
The toleration of the Jews in the Graeco-Roman period is diametrically
contrasted with their active persecution in the 1\liddle Ages. The
connecting link between these two extremes is the intricate system of
legal disability and legal persecution which marks the anti-Jewish
legislation of the early Christian emperors and which culminates in the
laws of Church and State in Spain and Gaul. These laws will be examined
in detail. The study will be supplemented by the literary and epigraphic
sources which we possess for the social and economic history of the Jews.
Of the many writers to whom 1 am indebted, and whose help has been
acknowledged in the course of this volume, one should be especially
mentioned. Jean Juster, whose brilliant and promising career was
V
Vl Preface
arrested by an untimely death, has made a notable contribution by his

work, Les Juifs dans l'empire romain (~ vols., Paris, 1914). This model
of historical research will long remain indispensable to the student of
Jewish and Roman history. For the present study Juster's 'La condition
lgale des J uifs sous les rois visigoths' in ~tudes d'histoire juridiques ojferles
a Paul-Frdrie Girard (Pars, 1918), 11, ~75-SS5, has likewise been
invaluable.
It is my agreeable task to acknowledge my personal indebtedness to
Professor Harry Caplan and Professor Carl Stephenson of Comell
University for many valuable suggestions. Dr Cecil Roth of London
has helped me with a number of constructive comments. 1 am also in-
debted to Professor H. A. Wolfson of Harvard University for his very
helpful criticisms and suggestions. My sincere thanks are due Professor
Otto Kinkeldey, Librarian of Cornell University, and Professor A. Back
of the Bibliotheque de l'::Rcole Normale Isralite of Paris for facilitating
my studies. To my wife 1 owe thanks for her patience and aid so gener-
ously given during the writing of this book. 1 am deeply grateful to the
Hon. Lucius N. Littauer, whose generous encouragement has made it
possible forme to complete this study. Above ali 1 wish to express my
gratitude to Professor M. L. W. Laistner of Comell University, under
whose guidance and direction the subject was originally approached, and
who has followed the work with unfailing interest.
EuoENE, REGON SoLol\ION KATz
19 October 1985
CONTENTS
Page
PREFACE....... . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ... . .... V
LIST OF ABBREVIATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X
CHAPTER 1
THE EARLY SETTLEMENT OF THE JEWS IN SPAIN AND GAU L..... . . 3
CHAPTER 11
THE CoNvERSION oF JEws To CHRISTIANITY... .. . . . . . . . . . . . . . . . 10
l. Spain... . . . ......... .. .. . . . ............... . . . . . .. . .. 10
2. Gaul .. ..... . ... .. . .... .. . . . .... . .. . .. . . .. . . . . . ... . . . 22
3. Prayers for the Jews. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
4. Formulas of Abjuration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
. CHAPTER 111
ANTr-JEwrsH PoLEMics.. . .. .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 32
CHAPTER IV
JEWISH PROSELYTISM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
l. Proselytism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
2. Circumcision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
3. The Return of Baptized Jews to Judaism . . . . . . . . . . . . . . . . 49
4. Demi-Proselytes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
CHAPTER V
THE JEWISH CuLT . ........ . ... . . . . . . . . . . . . . . . . .. . ... .. .. . . . . 57
1. Religious Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
2. The Sabbath and Festivals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
S. The Jews during Christian Festivals. . . . . . . . . . . . . . . . . . . . 59
4. Dietary Laws.......... .. . ... ...... . ..... . .. .... . .... 60
5. Language. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
6. Prayers and Chants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
7. Sacred Books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
CHAPTER VI
THE lNsTITUTIONS AND RGANIZATION oF THE JEwisH CoM-
MUNITY....... . . . ... . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . 73
1. Synagogues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
2. Schools. . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
vii
Vlll Contenta
3. Cemeteries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
4. The Central Organization of the Jews of the Diaspora . . ... 76
5. The Local Organization of the Jewish Community. . . . . . . . 78
CHAPTER VII
THE C1v1c STATUS OF THE JEws......... . . . . ... ... . . . .. . ... . . 8~
l . Spain......... . . ... ....... . . . ... ... ..... . ..... . . . . .. Si
2. Gaul.... . . .. . . .. .... .... . . ...... .. . . . ....... ....... . 83
CHAPTER VIII
LEGAL PRIVILEGES AND DISABILITIES OF THE JEWS... ... . . ... . .. 88
1. Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
2. Contracts..... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
3. Donations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
4. The Right to Own Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
5. Slaves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
6. Testaments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lOS
7. lmposts......... . . . . ............... . ...... . ..... . ... 103
CHAPTER IX
Jumso1cTION IN CIVIL AND PENAL AcTIONs.......... . . . ... .. . . 106
l. Jurisdiction by Jewish Courts. ... . . . . . . . . . . . . . . . . . . . . . . 106
~. Jurisdiction by Non-Jewish Courts.. ... ............... . . 108
3. Testimony..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
4. Oaths.. . . .. . ... . ... .. ... .... ... . . . .. . .. .. . . . . .. . .... 111
5. Penal Offenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
CHAPTER X
THE JEws IN PuBLIC FFICE . . . . . . . . . . .... .. . .. .... .. ... . .... 118
l. Exclusion of Jews from Office.. ... . . . . . . . . . . . . . . . . . . . . . 118
2. Offices Held by Jews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
S. Military Service. .. ............. .... ... .. ...... .. .. .. . 121
4. Financia! Administration.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
CHAPTER XI
THE EcoNOMIC LIFE oF THE JEws .. .. ...... ... ... .. . . . . . . . . ... 124
l. Agriculture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
2. Commerce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
3. Voyages and Journeys for Trade . .. .. .. ... .... . . . ....... ISO
Contenta 1x
4. Money-lending. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
5. Industry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
6. Professions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
APPENDICES
l. lNSCRIPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
l. Spain .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
2. Gaul............ . . .. .. . . . .... .. .... . ... . . .... ... 148
II. THE LA WS OF RECESWINTH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
III. TnE Nasi OF NARBONNE.. .. . . ..... ... .... .. . .. . .... . . .. 159
IV. NAMES. ... .... .. .. . . . ... . ................. . . . ......... 163
166
BrnLIOGRAPHIES . . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
lNDEX.. ... . .. .. . .... . . . . . . .. . . . . . . ... .. . ..... ..... . . . . . . . . 179
PLATES I-VI. . . . . . .. . . . . .... . . . .. . .. ....... ..... . .. . ..... at end
LIST OF ABBREVIATIONS
(For bibliographical details of the works listed here see the Bibliogra-
phies at the end of the book.)
AASS.-Acta Sanctorum quotquot tolo urbe coluntur collegit
Joan. Bollandus.
AkK.-Archiv fr katholisches Kirchenrecht, Innsbruck, 1857 ff.
Aronius, &gesten-J. Aronius, &gesten zur Geschichte der Juden im
friinkischen und deutschen &iche bis zum Jahre 1273.
BAH.-Boletin de la real academia de la historia, :Madrid, 1877 ff.
Brev.-Breviarium Alaricianum or Lex Romana Visigothorum, ed. G.
Haenel.
C.J.-Codex Justinianus.
CIG.-Corpus inscriptionum graecarum.
CIL.-Corpus inscriptionum latinarum.
C. Th.-Codex Theodosianus.
D.-Digesta.
DACL.-Dictionnaire d'archologie chrtienne et de liturgie.
Florez-H. Florez, Espaa sagrada.
Gonzalez-F. A. Gonzalez, Collectio canonum ecclesiae Hispaniae.
Graetz-H. Graetz, Geschichte der Juden.
Gross, GJ.-H. Gross, Gallia Judaica.
JE.-The Jewish Encyclopedia.
JQR.-The Jewish Quarterly Review, London, 1888-1908. New series,
New York and Philadelphia, 1910 ff.
Juster, Cond.-J. Juster, La condition lgale des Juifs sous les rois visi.-
goths.
Juster, Emp.-J. Juster, Les Juijs dans l'empire romain.
Mansi-J. D. Mansi, Sacrorum conciliorum amplissima collectio.
J.lfGH.-.Monumenta Germaniae historica. The different parts of this
collection have been abbreviated as follows:
AA.-Auctores antiquissimi
Capit.-Capitularia regum Francorum
Chron. min.-Chronica minora
Conc.-Concilia
Ep.-Epistulae
Form.-Formulae Merovingici et Karolini aevi
IJ.F.-Gregory of Tours, Historia Francorum
L. V isig .-Leges Visigothorum
Poet.-Poetae Latini aevi Carolini
X
List of Abbreviations XI
SS.-Scriptores
Script.Langob.-Scriptores reruru Langobardicarum
Script.Merov.-Scriptores rerum Merovingicarum .
.J/GWJ.-Monatsschrift Jr Geachichte und Wissenschaft des Judentums,
Breslau, 1851 ff.
NA.-Neues Archiv der Geaellschajt fr altere deutsche Geschichtskunde,
Frankfurt a/M., 1876 ff.
Nov.J.-Novellae Justiniani.
Nov.Th.-Navellae Theodosii.
PG.-J. P. Migne, Patrologiae cursus completus, Series graeca.
PL.-J. P. Migne, Patrologiae cursus completus, Series latina.
REJ.-Revue des tudes juives, Paris, 1880 ff.
T.B.-Babylonian Talmud.
T.J.-Jerusalem Talmud.
Z.-Zeitschrift.
ZGJD.-Zeitschrift fr d Geschichte der Juden in Deutschland, Bruns-
wick, 1887-1892.
ZHB.-Zeitschrift fr he"&riiische Bibliograph, Berlin, 1896 ff.
ZWTh.-Zeitschrift fr unasenschaftliche Theowg'e, Jena, 1858 ff.
THE JEWS IN THE VISIGOTHIC AND FRANKISH
KINGDOMS OF SPAIN AND GAUL
CHAPTER 1
THE EARLY SETTLEMENT OF THE JEWS IN
SPAIN AND GAUL
A S early as the second century before the Christian era, 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.' 1 Strabo
relates 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 ad-
mitted this people and is not possessed by it.' 2 Exaggerated though these
statements may be, even as is that of Josephus that there is no people in
the world who have not sorne Jews among them, 3 such remarks neverthe-
less bear witness to the wide dispersion of the Jewish people.' By
innumerable pathways, by half-voluntary, half-compulsory colonization,
by wars and by slave traffic, and gradually by their growing spirit of
commercial enterprise, the Jews of the Diaspora had fonned communities
especially numerous in the maritime towns.
Few of the many notices about the early settlement of the Jews in
Spain are of historical value. 5 In the Midrash Leviticus Rabbah, 6
Rabbi Meir, who lived in the second century, refers to Spain and Gaul as
the land of imprisonment. Although the reading i'Nt:I 'i, R..M e'ir, is cer-
tain, the conclusion that Jews were already settled in these two lands can-
not be drawn from his statement. The other passages in the Talmud
and l\'.lidrashim where the word N't:IElCN, lspamia (llispam'.a), appears
prove nothing. 7 For either the word denotes the most distant region of
the earth, the finis terrae, or is a corrupted form of N't:IElN, Apamea in
1 Oracula SibyUina, III, 27 (ed. A. Rzach, Vienna, 1891, p. 62): '-riacx al cxfcx a6a... 'ltAip1)~ x.cxl dacx
OAcr:aacx.' English translation in R. H. Charles, A]JOCT7Jpha and P11eudepigrapha of the Old Te1ta-
ment (Oxford, 1918), u, S8S ff.
2 Strabo, Fragment 6, cited by Josephus, Ant. Jud., XIV, 7, 2.
i Josephus, Bell. Jud., 11, 16, 4; vn, S, 8.
Cf. Cassiodorus, E:rpontio in P1alterium, Ps. LVIII, li (PL., LXX, 415): 'De Judaeis hoc dictum
testatur eorum facta dispersio, ut pene per totum mundum divisi dispersique declarentur.'
1 J. M. Jost, Guchichle rkr l1raen (Berlin, 1825), v, 828, n. 7; Graetz (4th ed.), v, 4H-U7,
a
Appendix No. 9; A. Harkavy, 'Additions et rectifications l'histoire des Juifs. de Graetz,' REJ., v
(1882), 408.
' Lmt:w Rabbah, 69.
1 T. B. Yebanwt, 6Sa; T. B. 'Abodali Zarah, S9a; T. B. Niddah, 80b; T. B. Baba Batra, SBa and 56a;
Genelill Rabbah. 49d; T . B. Shebu'ol, 41. Other sources in L. Zunz, 'Ueber die in den hebraisch-
jUdischen Schriften vorkommenden hispanischen Ortsnamen,' Z.fr die Wiaaentchaft du Judenthum11,
1 (1822), 141H42.
8
4 The Jev:s in the Kingdoms of Spain and Gaul
Syria or Chaldea. 1 The Talmud relates that an exilarch R. Isaac traveled

from N~i~iip to N,C!:lCN, Cordava to lspamia, where he died. 2 Dis-
cussions concerning the identity of this person took place in Babylon.
The passage illustrates the type of confusion characteristic of parts of the
Talmud. No attempt is made to explain why a Babylonian exilarch
happened to come to Spain or how the report of his death in Spain
reached Babylon. More puzzling is the meaning of a journey from
Cordova to Spain. These questions are resolved if we assume that late
Spanish copyists who thought of x:m~iip, Cordava, as the former
capital of Spain, corrupted N,C!:lN, Apamea, into N,C!lOM, lspamia, or
Spain. The Babylonian exilarch did not travel from Cordova to Spain.
but from Corduene (Gordyene in the Carduchan highlands) to Apamea
(in Messene or southern Babylonia) and there died.
Passages in the Talmud refer to the city o Cartagena as ,J~'t:i1p, ~
NJJ,~ip, and 'J:l,~ip. 6 The references may be to Cartagena in Spain,
but generally they appertain to Carthage in Africa.
Aside from these sources, there are three unsatisfactory notices for the
early settlement of the Jews in Spain. The Apostle Paul wrote from
Corinth to the Judeo-Christian community in Rome that on his voyage to
Spain he would stop in Rome. 8 We may perhaps assume that there were
Jewish communities in Spain, since Paul's mission took him to places
where the Jews had already influenced to sorne extent the pagans among
whom they lived, and prepared them for his preaching which depended
upon certain portions of the Old Testament.
The second notice is in the Targum to the Prophets, which was written
between 330 and 600 A.D. It explains the passage, 'Those expelled from
Jerusalem to Sepharad,' by 'those expelled from Jerusalem to Spain.'7 In
the Seder 'Olam Zuta (ca. 806 A.D.) appears the notice that Vespasian
exiled many Jews to Spain.8
A number o legends were composed to show the remote antiquity of
1 Cf. A. Kohut. Aruch C011tpletum (Vienna, 1878), 1, 188-189, and J. Levy, NIUhebrallcliu W6rter-
buch (Leipzig, 1876), 1, 128, u ., IC'C!lCIC (bpamia).
1 T. B Y ebamot, 115b.
1 T. B. Berakol, 29a; Genui Rabbah, 44.

'T. J. Ketubot, v, 1; T. B. Baba (fomma, 114b; Lniticiu Rabbah, 27.
1T. B. Menabot, llOa; Sifre, lSl.
Romans, xv, 24 and 28
' Targum to Obadiah, v. 20. iillC (Sepharad) is explained by M'C!lOM (11pamia), proving that it is
not a mistake for Apamea. Dut a bilingual inscription disco,ered at Sardis seem.s to prove that
Sepharad is anotber form for Sardu. See S. A. Cook, 'A Lydinn-Aramaic Bilingual,' Jovrnal of
Hellenic Studie1, xxxvu (1917), 79. Hence the reference is probably to Sardis ratber than to
Spain.
1 Sedo 'Olam Zuta in A. Neubauer, Mediaefal Jev:iah Chroniclu (Anecdota O:ronien1a, Semitic
series, 1, 6), (Oxford, 1895), u, 71-72.
Early Settlement of Jewa in Spain and Gaul 5
the Jews in Spain. There is a tradition that Solomon's tax-gatherer

Adoniram died and was buried in Spain, while he was collecting the
tribute from the Jews who were settled there. His tombstone at Sagun-
tum is said to have been seen by a number of scholars.1 Other accounts
attempt to find a correspondence between the names of many Spanish
cities with those of Judaea; so, for example, Escaluna, Maqueda, Jopes,
and Aceca with Askalon, Makeda, Joppa, and Aseka. 2 Equally without
basis is the identification of the Spanish title Don (derived probab]y from
the Latin dominus) with the Hebrew a.den, 'lord,' used as a form of
address. 3
~t. Je!'Q.11)_~ states 4 that the Jews believe that at the time of the Messiah,
Jews of senatorial rank will come from Spain, Gaul, and Britain. In a
commentary to the same passage of Isaiah, Ephraim the Syrian relates 5
that when in .538 B.C., Cyrus, king of the Persians, ended the Babylonian
captivity of the Jews, the rep_9rl reached even the Jews dwelling in
distant Spain..
None of the accounts, then, offers any certain testimony to the early
settlement of the Jews in Spain. The Jewish inscription at Adra is too
fragmentary to be of much assistance, although it is probably from the
third century A.D. The first trustworthy information we have concern-
ing the Jews in Spain is found in the canons of the Council of El vira which
met in 806. 7 But it is obvious from the regulations of this counci] that
by this time the Jews were already settled in considerable numbers.
The name Gallia, K~?.:i, is already found frequently in the Talmud

and Midrashim, but from the passages in which it occurs it is impos-
1See infrn, pp. 1~ fJ.
1Cf. F. M. Marina, 'Discurso hi.storico-eritico sobre la primera venida de los Judos a Espaf!a,'
Memoru de la real academia de la hinoria, m (Madrid, 1799). 817-469. 1 am indebted to the late
Professor O. G. Guerlac of Comell University for calling my attention toan article by D. V. de L.
Milosz. 'les origines iMriques du peuple juif,' Lu Nour:ellu littbairea (9 July and 10 Au~t 198!2).
In this tour de /oree the author attempts to show among other things that the Spanish Andalusia is
derived from the Hebrew name Cor Eden, Gan-eden, whence An-Eden, aod, by contrB<'tion, Anoda or
Andalu.,ia.
1 E. H. Lindo, The Hto'11 of the Jew1 of Spain and Portugal (London, 1848), p. 7.
Jerome, In l1aiam, LXVI, 20 (PL., XXIV, 672).

1 Ephraim, In l1aiam, LXVI, H, in T. J. Lamy, Sancti Ephraem Syri Hymni et Sermonu (Malines,
1886), U, 214..
1 See infra, p. 14.1.
7 A. W. Dale, The Synod of E/Pira (London, 1882), p. 4.4., arguing from the interna) evi<ien~ asstgns
this date. Cf. F. Garres, 'Die Synode voo Elvira,' ZWTh .. XLV1 (1903), 852-861, who places it
lx-tween 800 and SOS. See also P. B. Gams, D KirchenguehichU ron Spa11ien (Regensburg, 186.. j,
u (1). 1-1S6.
'S. Krauss, 'Les antiquits gauJois dans le Talmud,' REJ., xxv (1892), 14-29; J. Hamburger,
&al EnCJ!clopadie du Judentu11U (Leipzig, 1896), 11, 289, u., Galia; Gross, GJ., p. 182.
6 The Jews in the Kingdoms of Spain and Gaul
sible to fix the date of the settlement of the Jews in Gaul. It is not
always possible, moreover, to determine if the word N,?.l, Gallia, signifies
Gaul or sorne place in Syria or Palestine. 1 Since it is difficult to prove
by other sources the existence of a place in Palestine with the namc N,?.:i,
Gallia, the simplest" solution is to consider the village of Gallea, rcxnixfr.c,
situated near Ekron, as the place indicated. 2
In other passages, and notably in those where N,?.l, Gallia, is cited in
connection with N,CElCN, lspamia, the name by which Spain is often
designated, we may assume that Gaul is sometimes meant. Thus we
learn from one passage that a man from N,?.l, Gallia, brought offerings
from N,CElCN, lspamia, and neighboring countries to Jerusalem. 3 The
reference may however be to Apamea in Syria, and N,?.l, Gallia, would
then refer to sorne neighboring place in Syria. \Ve have, therefore, few
passages in which Gaul is unequivocally meant. One passage mentions
ships which sail between Gaul and Spain. In other passages the reference
to N,?.l, Gallia, appertains to sorne place in Asia Minor. 5
Even if these passages in the Talmud do refer to Gaul, their value for
establishing the early settlement of the Jews there is negligible. The
Talmudists may have employed the name to designate indeterminate
and very remote countries, as ancient writers might employ Thule to
describe an inaccessibly remote region.
The following account of the earliest entry of the Jews into Gaul must
be considered as a legend. After the destruction of the Temple, many
Jews were placed by Vespasian on three ships, without captain or crew,
and the wind drove them ashore, each ship in a different quarter. One
ship reached Lyons, the second Arles, and the third Bordeaux. The
exiles left the ships and lived peacefully on land given them by the
prefects of the respective towns. Finally a new ruler arose, who sub-
jected them to many hardships. During this period the Jews recited the
prayer cini Mini, Wehu raJ.ium, ('But He being full of compassion
'), 8 which had been composed by two brothers, Joseph and
Benjamin, and their uncle Samuel. When, through this prayer, they
had been delivered from their tribulations, they sent it to their brethren
throughout the world, asking that it be offered every l\tionday and
1 T. J. Bm-akot, IV, Sb.

1 Levy, Neuhebraischu Wlhtm-buch, J,SS4, and Kohut, Aruch Completum, II, 294,.u., tti;;i (GaUia).
Midrcuh Rabbah on P1alm1, xxn, 81.
1
4 T. B. Yebamot, 6Sa; cf. ~icua Rabbah, 29.
Leriticu8 Rabbah, 27; T. B . Rolh ha-Sha11ah, 26a. Krau.ss, op. cit., p. 16, errs in referring the
second passage to Gaul; unquestionably sorne place in Asia Minar is meant.
1 Psalms, LXXVJD, 88 beginning.
Early Settlement of J ews in Spain and Gaul 7
Thursday. 1 The prayer is still retained in the ritual of the synagogue.

Another version of the legend relates that the Jews landed in Spain,
Africa, and Italy.2 A similar story is told about the origin of Christianity
in Gaul. 3
Such legends offer little assistance in fixing the terminus a quo the Jews
first settled in Gaul. Nor is more light offered by the statement of
St Jerome, 4 that the Jews believe that at the time of the l\fessiah among
them will come those
qui senatoriae fuerint dignitatis, et locum principum obtinuerint,
de Britannis, Hispanis Gallisque extremis hominum l\Iorinis, 6 et ubi bicomis
finditur Rhenus, in carrucis veniant.
The banishment of Archelaus to Vienne in Gaul in the year 6,6 and

that of Herod Antipas to Lyons in the year 39, 7 were assuredly not the
determining factors in the Jewish immigration into the Gallic provinces.
They may have brought Jews with them in their retinue, but these were
not enough to warrant any statement that the Jews settled in Gaul at
this date.
Basnage 8 relates on the authority of Xiphilinus' abridgment of Cassius
Dio that a Gallic rhetor of the Jewish faith was cxecuted by order of
Tiberius. I have been unable to find the passage either in Xiphilinus
or in Cassius Dio, but it is of little importance even if true. Individual
Jews, especially merchants, may have entered Gaul and Spain even
before the birth of Christ.
The late Salomon Reinach attempted to prove that there was a Jewish
1 L. Zunz, Literaturgeach:hle der aynagogakn Poeaie (Berlin, 1865), p. 17. In Die Ritua <ka ayna-
gogalen Gotleadienatea (Berln, 1859), p. 10, Zunz suggests that the prayer owed its origin to the
persecution of the Jews by the Merovingians and Visigoths in the seventh century. The text of the
legend is found also in H . Gross, 'Zur Geschichte der Juden in Arles,' MGWJ., xxvn (1878),
64-66, and A. Neubauer, 'The Early Settlement of the Jews in Southem ltaly,' JQR., IV (1892), 616-
619.
1 F. Perles, 'Bibliographische Mittheilungen aus MUnchen,' MGWJ., xxv (1876), p. 878.
a Gallia Chriatiana (Paris, 1899), t, 801.

'Jerome, In l11aiam, LXVI, 20 (PL., XXIV, 672).
'The capital of the Morni was Gesoriacum, today Boulogne-sur-mer.
'Josephus, Ant. Jud., XVII, 18, 2; 11, 7, S.
7 Josephus, Ant. Jud., X''TII, 7, 2: 'Aor~oUYOY -.:6Atll ti<; raA.A.Ca:i;.' In Bell. Jud., 11, 9, 6, we read
that Herod was exiled to 'l:icC1Ylcrl or ''laiccr;lcr;'. In order to reconcile the discrepancy, O. Hirschfeld,
'Zur Geschichte des Christenthums in Lugdunum vor Constantin,' Sitzungaberichte der koniglich
Prnamachtn Akademie der Wiaaen11chaflen zu Berlin (Januar bis Mai, 1895), p. 899, n. l, identifies
the place as Lugdunum Convenarum (today St Bertrand) in the Pyrenees on the Spanish border.
L. Friedhinder, Daratellungen aua <kr Sittl!Tlguch:hle Roma (lOth ed., Leipzig, 1928), IV, 240, follows
this reading. It can hardly be correct, however, and Niese's emendation ad locum from 'l:-.:cr;lcr;'
to 'ral..l..lcr;' is more likely.
1 J. Basnage, Hi11toire <ka Juifa (Bague, 1716), XI, 276 .

8 The Jews in the Kingdoma of Spain and Gaul
community in Lyons in the second century A.D. 1 His arguments are of

interest only because they illustrate the use of flimsy evidence to develop
an elaborate hypothesis. On the basis of the famous letter from the
Christian churches of Vienne and Lyons to the Christians of Asia and
Phrygia, relating the violent persecutions of the Christians in Lyons,1
Reinach assumed that there were Jews at Lyons in the year 177. The
letter relates that a certain Christian of Lyons, Alcibiades, refused to
eat anything except bread and water. He was advised by an influential
Christian, Attalus of Pergamum, not to refuse food created by God, and
he thereupon consented to partake of meat. Reinach found evidence in
this story that the case of Alcibiades was exceptional, and that the
Christians of Lyons generally ate meat. Inasmuch as this meat had to
be ritually pure, it could not be purchased from pagan butchers. A
community as small as the Christian one at Lyons could not have its
own butcher. A Jewish bntcher, then, supplied Christians as well as
Jews. If there was a Jewish butcher, there was a Jewish community.
Reinach concluded that in 177, and probably from the beginning of the
second century, an important Jewish community existed at Lyons, and
that this community 'n'a pas t seulement la mere spirituelle, mais la
vivandiere de la chrtient de Lyon.'
Sorne importance may perhaps be attached to the fact that lrenaeus
shows sorne knowledge of Hebrew which he may have obtained from
Jewish scholars at Lyons. For he says,3 'But the name Jesus contains,
as their scholars say, two and a half letters in Hebrew. The
word Soter has five letters and in Hebrew two anda half. ' We
are not prepared to assume with Blau that there was a Jewish community
at Lyons because there were Jewish scholars with whom lrenaeus had
conversations. He may have acquired what knowledge he had from
chance wanderers or merchants who carne to Lyons.
From a letter in which Pope Vctor prohibits the bishop Desiderius of
Vienne from celebrating Easter with the Jews, 6 Bdarride concluded that
Jews were established in Vienne in the first centuries of the Church.
1 S. Reinach, 'La communaut juive de Lyon au deuxi~me siecle de notre ~re,' REJ., u (1906).
245-250. A. Harnack, Die Jli18ion und Au1breitun11 du Chriatentum1 (Uh ed., Leipzig, 1924), 1, S,
expresses the same theory. but more cautiously.
1 Eusebius, H. E., v, 1-S (PG .. xx. 407-442).
lrenaeus, Contra Haereaea, 11, 24, 2 (PO., \'11, 788-791): the passage is cited in lull, infra, p. 64.
L. Blau, 'The Relations or the Bible Translations or the Jews, etc.,' JQR.. XIX (1928), 176.
1 Vctor 1, Ep., Ep. Vienn., m (JIGH., Ep., m, 87; PG., v, 1488).
1 J. Bdarride, Lea Juif1 en Frarrce, en Jtalie el en Eapog11t (3d e<l., Paris, 1867), p. 29. A. lvy,
'Notice sur les lsralites de Lyon,' L'Unir;er1 l1ralite, XLVII (1892), 428, and again in bis article
'Lyons,' JE., vm, 229, gives the fifth century as the date o( Pope Victor and considers the letter as
directly relevant to the Jews of Vienne.
Early Settlement of Jews in Spain and Gaul g
This conclusion is unwarranted, since the pope did not enjoin the Chris-
tians from uniting with the Jews in the celebration of Easter. The pur-
pose of the letter was to rule on a controversia) point in the Christian
Church, the date of the Easter celebration. The pope merely wished to
fix a date which did not coincide with the date of the Jewish Passover.
Moreover, there is strong reason for believing the letter spurious. 1
The statement of the Abb Boitel, 2 again, that at Vitry-en-Perthois,
part of ancient Champagne, there was a synagogue even before the
establishment of Christianity completely lacks documentary proof. Nor
can we accept the arbitrary opinion of Gerson, 3 that there was an impor-
tant colony of Jews there in the year ~79. A tradition that the first
bishop of Auvergne, Austremonius or Stremonius, was killed about the
year 286 by a Jew of Clermont is untrustworthy. lt depends upon a
ninth-century Life of Austremonius, 4 which Molinier shows to be
unreliable.1
In short, the first definite and genuine evidence for the existence of the
Jews within the borders of Gaul is found in the Theodosian Code for
the year 3~1. 1
1 Ph. Jo.fJ, &geata 'J'Onlifir:um romanorum (Leipzig, 1885), No. 75. Cl. A. Prudhomme, 'Les Juifs
en Dauphin,' Bulktin tk l"acadmie delphinale, s sr., xvu (Grenoble, 1881-82), 182.

1 A. Boitel, Htoire de l"ancien et du nouttau Vitry (ChAlons, 1841), p. 64, n. l.
A. Gerson, 'Les Juifs en Champagne,' Mmoirea de la aocit acadmique du dparle-

ment de' l'Aube, LXIII, s sr., XXXVI (Troye...., 1899), 178, n. 2, without indication of source.
Vita S. Auatremonii, c. 2 (AASS., Nov., 1, 57-58. 68-70). Cf. B. Gonod, Chronologie dea h2q11e1
de Clermont (Clermont-Ferrand, 1883), p. x. A story with certain similarities i.s related of St Eliphi\18
and the Jews of Toul, De S. Eliphio, c. 9 (AASS., Oct., vn, 2, 802).
A. Molinier, Lta aourcu tk l"hiatoire d~ Fra11ce (Paris, 1901), 1, 28.
c. Th., XVI, 8, s. 4.
CBAPTER 11
THE CONVERSION OF JEWS TO CHRISTIANITY
A S the power of the Church became stronger, the more systematic

were its efforts to win the Jews to Christianity either by promises,
threats, or actual force. As a rule, but few yielded to persuasion or
worldly considerations, but more numcrous were those who became
baptized because of threats or violence.
l. SPAIN
a) Arian Period1
The first Visigothic king who concemed himself with the Jews was
Alaric II (484-507). In his Breviarium, published in the year 506, 2
to which must be added the Sentences of Paul, 3 he adopted the laws in
force in the Roman Empire at the time of the Visigothic conquest.
The Arian successors of Alaric do not seem to have introduced any new
laws concerning the Jews. The failure of the Iiterary sources to mention
such enactments constitutes no proof. In the Leges Visigothorum, the
laws anterior to the year 586 do not bear the names of the kings who
issued them, and are called Antiquae. Although they form three-fifths of
the Leges Visigothorum,' not one concems the Jews. The change of
Visigothic policy towards the Jews in the year 586 may, however, account
for the lack of new legislation by the Arian kings. If the laws enacted
prior to that year had been' favorable to the Jews, they would obviously
have no place in a code promulgated by Receswinth or Erwig. The
Roman legislation, which was maintained by the Arian rulers of Spain
for a century, while decreeing disabilities against the Jews, tolerated their
cult with its ceremonies.
1 H. Graetz, 'Die westgothische Gesetzgebung in Betrelf der Juden,' Jahre1bericht dea jdi1eh-
theologiachen Semnar 'FraenckelacMJ- Stiftu11r' (Breslau, 1858), does not discuss the Jews of the
Arian period.
1 These laws \\ere edited by G. Haenel, Lez Romana Vi8igotlwrum (Leipzig, 1849). M. Conrat
\ (Cohn), Breriarium Alaricianum (Leipzig, 1908), pp. 156-160, arranges them systematically. See
~ E. Prez Pujo!, Hiatoria ~ ltu inatilucionea 11ocia1 ~la Eapaa goda (Valencia, 1896), 111, 899-406;
R. de Urelia y Smenjaud, La leglaci6n g6tico-hiapana (Madrid, 1905), pp. 89 ff.; H. Brunner, Deuche
&cht1ge11ehichte (id ed., Leipzig, 1906), I, 510 fJ.; Juster, Cond., pp. 275-278.
1 Partitularly Senl., Y, 22, 8 and 4 in P. F. Girard, Texte1 de droit romain (4th ed., Paris, 191S),
pp. 877-452. Cf. M. Conrat (Cohn), Der We11tgothi1che Paulua (Amsterdam, 1907).
'K. Zeumer, 'Geschichte des westgothischen Gesetzgebung,' NA., xxm (1898), 488; Brunner,
op. cit., I, 489, 491.
10
Conversion of J ews to Christianity 11
b) Catholic Period
The policy of both Church and State in regard to the problem of the
Jews was radically changed in the period of Catholic unity. \'Vhen the
Visigoths under Recared became Catholics, in their desire to unite ali
their subjects in the Catholic faith, they transformed the laws concerning
the Jews. In this work they were aided by the church councils which had
become exceedingly strong. Rarely did these councils meet without
promulgating anti-Jewish canons, which, in order to have the force of
civil law, were approved by the king. 1
'Les veques,' says Montesquieu, 2 'eurent une autorit immense a la
cour des rois wisigoths, les affaires les plus importantes toient dcides
dans les conciles. Nous devons au code des Wisigoths toutes les maximes,
tous les prncipes et toutes les vues de l'inquisition '
Thus the persecution of the Jews was due to the union between Church 1
and State. Whether more blame attaches to the kings than to the
councils is a moot point. Ziegler3 believes that the kings almost invari-
ably took the lead in the matter and the councils followed, except on the
occasions when they resisted the fanaticism of the rulers. However
that may be, for a century anda quarter kings and bishops united in an
effort to convert the Jews of Spain or to drive them from the kingdom.
Recared 4 (586-601) approved the decisions of the Third Council of
Toledo which first introduced the forced baptism of Jews. But this
applied in the one case only of children born of marriages between
Christians and Jews. 6
The sources tell us nothing about the policy of Liuwa II (601-604),
Witteric (603-610), a tolerant king, 8 or Gundemar (610-612).
At the beginning of his reign, Sisebut (61~-620) 7 confirmed the dis-
position concerning the baptism of children born of mixed marriages.
Soon afterwards he inaugurated the policy of the conversion of the Jews
by force. In 613 he ordered that all the Jews must either quit bis realms
l zeumer, op. cil., pp. 48.5 ff., 498 ff.

t Montesquieu, L'uprit dea Wi1, XXVUJ, l. cr. u. R. Burke, A History of Spain (id ed., London,
1900), l, 98: 'The rule o the priest had emasculated the race . . . Dogma reigned supreme
. . There was Roman law, and Gothic law, law canon, and law ecclesiastical, the laws of the
Councils and the laws o the Synod. The ll'hole country had become one vast Doctors' Commons.'
1 A. K. Ziegler, Church and State in Viligotliic Spain (Washington, D. C., 1980), pp. 197-199.
'A. Helfferich, Entehung und Geachichte de1 Weatgothen-Rhl1 (Berln, 1858), pp. 40-42; F.
Gtsrres, 'Ktsnig Rekared und das Judentum (58tHJOl),' ZWTh., XL (1897), 284-296.
t S Toledo (589), c. 14 (Gonzalez, 852; Mansi, IX, 996). The canons o this council were confirmed
by the king (Gonzalez, 855; Mansi, IX, 1000).
e F. Glrres, 'Religionspolitik Witterichs,' ZWTh., XLI (1898), 102-105.
7 F. Gtlrres, 'Das Judentum im westgotischen Spanien von Ktlnig Sisehut bis Roderich (612-711),'
ZWTh., XLVIII (1905), 855.

forever or become Christians. According to an account by Solomon ibn

Verga, a Jewish historian of the fifteenth century, 1 the Jews assembled
with tears and groans in the court of the palace, obtained an audience and
held a theological debate with the king, but to no avail. Isidore of
Seville was opposed to this forced baptism and censured Sisebut for it. 2
In spite of this opposition, sorne thousands of Jews passed into Gaul,
Africa, and elsewhere. The others presumably adopted the faith imposed
upon them.
Sisebut's intolerance has been attributed to the clergy, but against this
opinion we must set the qisapproval of Isidore of Seville and of the Fourth
Council of Toledo, over which he presided. It has been suggested4
that these measures were forced upon Sisebut by the Emperor Heraclius
of the Eastern Roman Empire, in the treaty concluded between them.
There is, however, no text to bear out this statement. 5 A similar attempt
at forcible conversion, which Fredegar attributes to King Dagobert in
Gaul, is of sorne interest, especially since the discovery of a contemporary
document which confirms Fredegar. 1 But the treaty between Heraclius
and Sisebut was not signed until 616, so that the connection must be
dismissed. Ali that we know for certain is that Sisebut adopted the
measure without consulting any council. 7 We may, then, attribute the
king's resolution either to his own whim orto the desire of obtaining the
possession of property by means of confiscation. The constant reference
in the Visigothic laws to the confiscation of the property of Jews shows
it to be one of the basic motives for their persecution.
1 Solomon bn Verga, Shebel Yehudah, c. 9 (lransl. M. Wiener, Hano,er, 1856, pp. 56-59). ibn
Verga has committed an anachronism and fixed the reign or Sisebut in tbe year 800. See F. Baer,
Unltr1Ucliungtm ber Quellen und Komporition dea Schebet Jehuda (Berln, 1928), Cor a very complete
account of bn Verga's sources.
2 Isidore o Seville, Hi1loria Gothorum, c. 60 (MGH., AA ., x1, 291); cf. Continuatio Hiapana, c. 16
(MGH., AA., x1, 889), and Chronica mai01'a, c. 416 (MGH., AA., x1, 480). See al.so 4 Toledo
(688 A.D.), c. 57 (Gonzalez, 888; Mansi, x. 658).
1 Isidore, Auctarium, c. 416 (MGH., AA., XI, 490); d . Marii epcopi Arentic1111m chronicon (ed.
W. Arndt, Leipzig, 1878), p. 16. 1 have been unaLle to find the p&Mage wbicb Juster, Cond., p. 279.
n. 7, quotes from tbe Gula Dagobtrli, ''1, SO (MGH., Script. MerOtl., u, 400):..:Is (Sisibutu.s) enim
Hebraeos regni sui Christum agnoS('('re coegit, eorum lamen aliquot millia in Gallam etJugerunt.'
The passage is not from the Guta Dagoberti, but from Paulus Aemilius oC Verona (ob. 1329), De
rebua guti1 Francorum (ed. A. Ferronus, Basle, 1601), Bk. 1, p. 81A.
'Chro11icon Moi1.tiacen1e (MGH., SS., 1, 286); d. A. Helfferch, op. cit., p. 70.
1 CC. Joseph ha-Kohen, 'Emt~ ha-Bakah(transl. M. Wicner, Leipzi~.1858, p. 6; transl. J. Stt, Paris,
1881, p. 8). He depends upon Samuel Usque, Con1ola'm da trib~oen1 t ln-ael (ed. Mendea doa
Remedios, Coimbra, 1908), m, . Usque saya that Si.sebut first gave the Jews the choice between
baptlim and deatb, but later permitted them to leave tbe country if they preferred. Usque bim.self
depends upon earler sources wbch are no longer extant. On the Jewi.sh historians .see l. Loeb,
'Josel Haccohen et les chroniqueurs juifs,' REJ., XVI (1888), 212.
1 See infra, pp. 25-20.
7 F. Dahn, Die Kih1ige dtr Germanen (WUrzburg, 1870), v, 181, n. 1; Prez Pujo!, op. cit., m, 410.
Conversion of Jews to Christianity 18
Among the false decretals of the Pseudo-Isidore is found one issuing

from a council of Seville. It demands that the Jews, who were forced
to have their children baptized and who were substituting strange
children for them, be watched. 1 The decree is found with severa! other
undoubtedly authentic decrees in the irreproachable part of the collection,
in the series of councils called Hispana, which the compiler inserted
without modification before the Ninth Council of Toledo. 2
The conversion to Christianity of Joseph, Rabbi Isaac, Nephtali, and
other Jews by Aurasius, bishop of Toledo, may have taken place during
the general baptism ordered by Sisebut.
Swinthila, 4 a mild and just king, the 'Catholic Leovigild,' permitted
those Jews who had been forced to baptism by Sisebut to return openly
to the Jewish faith, and those who had chosen exile to return to Spain.
This accords with Swinthila's general policy of tolerance, and is attested
for us by the Jewish historian of the sixteenth century, Joseph ha-Kohen.'
This information, it must be remembered, is not even remotely con-
temporary, but it may be derived from sorne good Jewish source now
lost.
At the Fourth Council of Toledo (633) Sisenand decided that the
Jews should not be forced to baptism,6 but he approved the harsh measure
of the same council which stated that those who had been baptized under
Sisebut and had returned to Judaism under Swinthila must be forced
to return to the Catholic faith. 7 This view was later accepted in canon
law. 8 The same council inaugurated legislation regarding baptized Jews
whose orthodoxy was doubtful. These Jews were able, however, to
bribe the priests to permit them to observe their own rites. This abuse
became so widespread that the Fourth Council of Toledo was forced to
enact ecclesiasticaI penalties against the venal clergy. 9
No laws against the Jews were passed at the Fifth Council of Toledo
1 Ex concilio Spalitano, c. 10, in Decrelalu P11Utlo-l8idorianae (ed. P . Hinschius, Leipzig, 186S),
pp. 896-897. cr. 12 Toledo, c. 9 (Gonzalez, t98-500; Mansi, XI, lOSS-1086).

'P. Sjourn, Saim l1idor1 th Svilk (Paris, 1929), pp. Sl-82, comiders it genuine. .1
1 Julian, Sclwlion in L. Ramirez de Prado, Luitprandi Cremonenm epi1eopi opera (Antwerp, 1640),
p. 524; sce infra, p. 84.

4 F. Gorrea, 'Die Religion.~politik des spanischen Westgotenkonigs Swinthila, des ersten katholiken
"Leovigild" (621-681),' ZWTh., XLIX 0906), 258-270, especially, p. 262.

1 Joseph ha-Kohen, 'Emej ha-Bakah, l.oc. cit.; Wiener crrs in writing 'Chintila' for 'Swinthila.'
1 4 Toledo. c. 57 (Gonzalez, 882-883; Mansi, x, 688).
7 4 Toledo, c. 67 and 59 (Gonzalez, 883; Mansi, x. 6SS-654). Although convoked by the king,
this council did not obtain the edictum d1 confirrru1Jion1 concilii. Certain canona, however, received
bis approval; so canons 59, ~. 66.
1 Decretum Gratiani, Pars 1, Dist. 45, c. 4 and 5, in Corpu8 iuria canonici (ed. E. Friedberg, Leipzig,
1879), l, 161. Cf. L. Erler, 'Die Juden des Mittelaltera,' AkK., XLVJJl (1882), SSS-884.
1 4 Toledo, c. 68 (Gonzalez, 888; Mansi, x, 6SS).
14 The Jews in the Kingdmru1. of Spain and Gaul
(686), convoked by King Chintila (636-639). At the Sixth Council

(January 638) ali the anti-Jewish dispositions of the Fourth Council were
approved. 1 It was decreed, furthermore, that only Catholics might
remain in the Visigothic kingdom. 2 The council ordered that every king,
upon bis succession, should take an oath to execute these laws, and
anathema was pronounced against succeeding kings who would not
respect the various dispositions.
These acts of the council may have resulted from the interference of
Pope Honorius I, who requested the clergy to fight against the perfidi.
The letter of Honorius is lost, but we have the reply of Bishop Braulio. 3
In the name of the Sixth Council Braulio sent to the pope the acts of that
council to show that the Spanish episcopate had not been inactive. lf
they had shown themselves indulgent, it was not through fear or mildness.
but through prudence in hoping to effect the repentance of the sinners.
There is sorne doubt whether the pope meant Jews or heretics by perfidi.
Langen believes that the pope referred to the Arians, but in 638 the
Arian heresy no longer existed in Spain. Honorius, then, desired the
harsher treatment of the Jews, although they are not expressly mentioned
in the letter. 6 The placum8 to which the Jews were forced to subscribe
seems to bear out this view. l\Iany of them adopted baptism and signed a
placitum, by which they bound themselves to observe ali the Christian
rites. 7 The others chose exile.
Tulga (640-641), who was as fanatical as Chintila, must have followed
the same policy toward the Jews.
Chindaswinth (641-649, died 602) promulgated only one law against
judaizing Christians. 8 Baptized Jews and those who had not been
1 6 Toledo, c. S end (Gonzalez, 408; Mansi, x, 664).
'6 Toledo, c. S (Gonzalez, 402; l\Iansi, x, 668).

3 Braulio, Ep., U (PL., LXXX, 669; Florez, xxx, S50).
4 J. Langen, Guchichte der r0mchen Kirche (Bonn, 1885), u, 614 ff.
6 So F. Gorres, 'Der spanisch-westgotische Episkopat und das romische Papsttum,' ZWTh., XLV
(1902), 290-294; E. Magnin, L',gli8e wiligothiqiu au VII' acle (Paris, 1912), pp. 19-20; F. Dahn,
Die Konige der Gennanen (2d ed., Leipzig, 1885), VI, 645.
0 Isidore of Seville gives the meaning of placitum as it is used here: 'Alii dicunt pactum esse quod
volcns quisque facit; placitum vero etiam nolens conpellitur.' Etymologiae, '" 2-i, 19 (ed. W. M.
Lindsay). This was very emphatically an agreement into which the Jews entered against their will.
7 There is an allusion to this placitum in L. Visig., XII, 2, 17, but the document was only discovered
in 1870 and publishcd by F. Fita, 'El Papa Honorio 1 y San Braulio de Zaragoza.' La Ciudad de Dioa,
1v (1870), 189-!lOl; reproduced by U reda y Smenjaud, op. cit., pp. 570-575. A reYised text was
published by Fita, Suplementoa al concilio nacional Toltdano VI (Madrid, 1881), pp. 45-49, and
reproduced by Dahn, DiB Konige der Germanen, VI, 65o-658. On this text see l. Loeb, 'Notes sur
l'histoire et les antiquits juives en Espagne,' REJ., u (1881), 187-188. Zeumer seems to have been
unaware of the cxistence of this placitum, since he makes no mention of it in bis edition of L. Vilig.
in MGH. The end of the placitum bears the date.
8 L. Visig., xn, 2, 16. It is inexact to sayas does Graetz, Wutgolhiache Guetz.gebung, pp. 11 ff.
baptized he seems to have left undisturbed. 1 The Seventh Council of

Toledo which he convoked passed no anti-Jewish measures. Encouraged
by this, many of the baptized Jews must have returned to the Jewish
faith, and sorne of the exiles must have returned to the Visigothic king-
dom, for there is mention of them under Receswinth.
Fanatical in the extreme, Receswinth (649-672) proclaimed in his
opening discourse to the Eighth Council of Toledo (653):
ludaeorum scilicet et vitam moresque denuntio, quorum tantummodo novi
terram regiminis mei pollutam esse peste contagii. Nam cum Deus omnipotens
orones ex hac regione radicitus extirpaverit hereses, hoc solum sacrilegii dedecus
remansisse dignoscitur, quod aut nostrae devotionis instantia corrigat aut
ultionis suae vindicta disperdat. Ex bis enim quosdam traditionis errore
vetustae video retinere iura perfidiae, quosdam vero sacri baptismatis expiatos
ablutione ita in apostasiae doleo relapsos errorem, ut detestabilior inveniatur in
eis profanatio blasphemiae, quam in illis, quos nondum constat purificatos esse
regenerationis sacrae liquore.
Since ali the heresies had been extirpated in bis kingdom, he proposed
either to bring the Jews to repent through bis devotion, or to destroy
them by his severity. In this he had the support of the council. 2
While recognizing that every king should be a Catholic and should
defend the Catholic faith against Jews and heretics, 3 he contented himself
by confirming anew the canons of the Fourth Council of Toledo} That
council, it will be remembered, declared itself against forced baptism,
but ordered that once baptized the Jew must remain a Christian.& The
king was anxious to obtain the decision of the council on this point, and
to constrain Jews baptized under preceding kings to make a new placuum, 6
in which they promised to give up ali Jewish rites and to adhere to the
Christian faith. The other baptized Jews were to execute by the Biblical
methods of fire or stoning those who were found guilty of Jewish practices.
The only indulgence they received was an exemption from being forced
to eat pork, a food to wbich they could not accustom themselves.
The maintenance by the Eighth Council of the doctrine of the Church
which prevented baptism by force did not satisfy Receswinth. He
and Geach., v, 14.i, that Chindaswinth protected the Jews. Cf. l\fontesquieu, L'eaprit du lois,
XXVIII, 7: 'Les lois de Chaindasvinde et de Reccessvinde contenoient des clispositions effroyables
contre les juils.'
1 Note the term.s of L. Vig., xu, i, 16: 'Christiani a christianill parentibus orti.'
1 8 Toledo, Tomus (MGH., L. Vig., p. 474; Gonzalez, 426; Mansi, x, 1200).
1 8 Toledo, c. 10 (Gonzalez, 458; Mansi, x, liiO).
4 lbid., c. 12 (Gonzalcz, 459; Mansi, x, 1220).
'4 Toledo, c. 57 (Gonzalez, 582-585; Maruii, x, 6SS).

e L. vm, .. XII, i, 17 (:\farch 654).
. 16 The Jews in the Kingdoms of Spain and Gaul
desired to decree exile against those who would not adopt the Catholic
faith, and discovered a means of so doing. By it he would realize the
ideal of religious unity in the kingdom, and, at the same time, he would
not be acting contrary to the views of the Church.
By the suppression of the Breviarimn Alaricianum in the year 654, 1 he
abrogated the Jewish privileges contained therein. At the same time he
issued a new series of laws which were to be valid in perpetuity. 2 The
laws against baptized and non-baptized Jews were strengthened. The
privileges of a Christian were accorded only to those whose orthodoxy
was ju<lged and attested by a priest. Non-baptized Jews 3 were not forced
to accept baptism, but remained subject to the laws enacted against them
by Receswinth's Catholic predecessors. The king confirmed these laws
without taking notice of the contradictions between their dispositions
and those of his own enactments. The Jews were prevented from
celebrating their religious ceremonies: circumcision, the Sabbath, and
their festivals. Receswinth thought that the Jews, oppressed and without
civil or religious privileges, would become Christians. His optimism was
ill-founded; new mensures had to be taken to prevent the Jews from
evading the laws. He decreed that persons, priests, nobles, or others who
aided and protected Jews, whether baptized or not, in the practice of their
cult, would suffer the confiscation of a quarter of their property and
excommunication. 5
The Ninth Council of Toledo (655) under Receswinth was forced to
consider this abuse. 6 Non-baptized Jews were practicing their own rites,
with the aid of the Christian clergy, and dared even to circumcise their
Christian slaves. On the last point the Tenth Council (656), again under
Receswinth, was obliged to demonstrate to the Jews and their accom-
plices that they must not possess Christian slaves. 7
This legislation continued to weigh heavily upon the Jews during the
reign of Wamba (672-680). When Hilderic, governor of Nimes, revolted
against Wamba and promised the Jews religious freedom in bis province,
many of them hastened there.8 Paul, who had been sent by Wamba to
1 L. Vig., n. l, 5 and 6.
t /bid., xn, !!, S. His wbole system is contained in L. Ving., xn, 2, S--18.
Tbe tbeory that these laws apply only to baptized Jews is discw;sed in Appendix 11, pp. 157 ff.
4 These are: a law of Recared, L. Vuig., xn, 2, 12; two of Sisebut, L. Viaig., xn, !!, IS and 1-6.
These lav.s concern the Jews specifically. A law of Cbindaswinth, L. Viaig., xn, 2, I6, v.hich Rece-
sv.inth also reproduces, refera only to judaizing Chri.stiam.
1 L. Vilig . XII, i, I.5.
1 9 Toledo, c. 17 (Gonzalez, 458--454: Mansi, XI, SO-SI).
1 10 Toledo, c. 7 (Gonzakz, 460; Mansi, XI, S7).
1 Julian or Toledo, Hi8loria Wambae, c. 6 (MGH., Script. Mer~ . v, 504; PL., xcn, 766). The
aame te.r.t, witb interpolations (in italics bere) by Lucas of Tuy (Lucas Tudensis), Lber de hinoria
Coniersion of Jews to Christianity 17
crush the insurrection, joined with the rebels and protected the Jews. 1
After putting down the revolt, Wamba expelled the Jews from Narbonne 2
and probably also from the whole province of Septimania.
The Jews were not made the objects of any special measures during
the reign of Wamba, nor did the Eleventh Council of Toledo concern
itself with them. We cannot assume, however, that the laws against them
were being observed or that there were no Jews left in the kingdom,
inasmuch as new measures wcre passed by the next king.
Erwig (680-687), 3 three months after he had obtained his throne by
ruse, convoked the Twelfth Council of Toledo under the presidency of
Julian, bishop of Toledo~- - Julian was himself born of Jewish parents
who had been converted to Christianity." Therc is no proof that Julian
framed the anti-Jewish laws of Erwig, 6 but his writings revea) a deep-
seated hatred for the Jews. At this council Erwig implored the bishops
to use all their zeal to extirpateilieJews~- The besf.ieas. of effecting
it was forced baptism, and this -tiie-Twclfth Council approved, although
it was contrary to the canons of the Fourth Council of Toledo. The
twenty-eight laws which Erwig submitted to it wcre adopted; 7 they were
to go into effect between the ninth and the twenty-sixth of January 681. 8
In the course of one year from that date, every Jew had to forswear
Galliiu, c. 6 (P L., xcv1, 767): 'H ujus enim caput tyrannidis Hilderi<'um esu, sui criminis infamia
refert. Qui Nemausensis urbis curam sub comitali praesidio gerens, non solum nomen, sed titulum
et opus sibimet infidelitatis assumpsit, adjungena etiam ailn pravitatis suae socios Gumildum Maga-
lonensis sedis detestandum antistitem, et Ramirum abbatem: quorum faf!ore in patriam Judaeorum
g1nt6111 -perfidam erocarril contra ronalitula regni Gothorum.'
1 Julian, loe. cit., and Inmltalio in tyrant1idem Galliae, c. 1, 2 (MGH., Script. Meroo., v, 5i6-527),
accuses Gaul of being 'judaized,' 'ludaeorum blasfemantium prostibulum.'

1 Julian, Htoria Wambae, c. 28 (MGH., Srript. Meror., v, 524): 'Iudaeos abegit.' A long aC<'Ount
of this revolt is found in C. Devic and J. VaissHte, Hutoire g~n~rale de Languedoc (orig. ed., Pars,
17SO), 1, 850-860; (Toulouse ed., 1872), 1, 718-729.
1 T. Melicher, Der Kampf zwchen Guetzu- und Gt11DOhnluit1rechl im Weatgotenreiche (Weimar,
19SO). pp. 208-205.

1 Continuatio Hiapana, c. 50 (MGH., AA., x1, 849); Anonymu.! Corduben1i1, 680-687 (ed. Tailhan,
p. 18). A <'ontemporary life by Felix, Vita Juliani, c. 1 (PL., xcn, 445), is silent conccrning bis
Jewish extraction. Writing three or Four years aher Julians death in 698 or 694. Fclix naturally
would say nothing about Julian's ancestry because of the violent anti-Jewish feeling in Spain. cr.
F. Grres, 'Der Primas Julian von Toledo (680-690),' ZWTh., XLVI (1908). 526-527; J. Tailhan,
'Les Espagnols et les Wisigoths avant l'invasion arabe,' /Urue dea quralion hialoriquu, xxx (1881), 22.
1 P. a Wengen, Julianua, Erzbiachof f!On Toledo (St Gallen, 1891), pp. 81-89, condudes that, as
ehief prt'late of the Spanish Church, Julian must have dictated Erwig's policy against the Jews.
1 12 Toledo, Tomus (MGH., L. Vilig . p. 475; Gonzalez, 487; Mansi, x1, 1025).
1 12 Toledo, c. 9 (Gonzalez, 498-500: Mansi, x1, 1085). Thi, canon reproduces only the rubri<'s of
tbe gea Vigoihorum; cf. A. Hellferich, E11t1tehung und Ge8chichte dea We1lgolht11-Rechta (llerlin,
1858), p. 192.
1 L. Viaig., n, 1, 1. Cf. K. Zeumer, 'Geschichte der westgothischen Gesetzgebung.' NA ., xxm
(1898), 494495.
Judaism, 1 according to a formula of renunciation prescribed by the

king. 2 He was compelled to become baptized nnd to swear an oath o
fidelity to the Christian religion, an oath3 which like the abjuration had
its prescribed formula and like it had to be signed and preserved in the
archives of each parish. The punishment for violations was the con-
fiscation of property, a hundred blows of the lash, decah atio, and exile.~
1
This penalty applied to non-baptized Jews, but there is a question

whether it was applicable when a Jew refused to make the professio and
to subscribe to the conditions. The law granted special privileges to
baptized Jews who had signed these formulas. These formulas, further-
more, serve as a kind of appendix to laws concerning the possession o
Christian slaves, 6 instead of following the law decreeing forced baptism, 7
as they should logically do. The final law, 8 however, proves that every
baptized Jew had to sign the formulas; the penalty is probably defi.ned
earlier.9
The same penalty was applied to all Jews over ten years of age, whether
baptized or not, who practised their religious ceremonies. The same
penalties, in fact, were incurred for the observance of the Jewish rites s
for the refusal to become baptized.
By interdicting the Jewish ceremonies in this way to both baptized
and non-baptized Jews, Erwig followed the method of Receswinth, and
even borrowed from him the laws which penalized the various attempts
at observing the rites. 10 Erwig, however, made the punishment less
severe by replacing the death penalty with milder measures. Further
than this the two systems of law have no similarities. Although Rece-
swinth punished the Jew who observed his religious rites, he did not
molest one who did not practise his ceremonies, even if the latter had not
become baptized. On the other hand, Erwig, following the practice o
Sisebut, punished the Jew even in the second case, after the one year
period. During this interval, of course, the celebration of the Jewish
rites was banned. This is not expressly stated, but Receswinth had
1L. ving., xII, s. s.
t ]bid., XII, S, 14.
1 lbid., XII, S, 15, 'conditiones sacramentorum.'
'The meaning of decal1Jatio is uncertain. It may have been the tearing out of the hair with the
scalp (so F. Dalm, Weslgothi4Che Studien (WUrzburg, 1874), pp. 191-192), or as the dictionaries
define it, 'to make bald.' See Ziegler, Church and Stafe i1I ViB'gothic Spain, p. 81, n. 95.
'L. vm9.. xII, s. 21.
1 ]bid., XII, S, 10-18.
7 fbid., XII, S, S.
8 [bid., XII, 8, 28.
8 I bid., XII, s. s.
IO I bid., XII, s. l.
already interdicted them. For this practice to become legal, they would
have to receive express permission, but Erwig, on the contrary, began by
maintaining the laws of Receswinth.
Although he obliged ali the Jews to become Christians, Erwig sub-
jected them to civil disabilities. There was, then, a class of Christians
with fewer rights, the baptized Jews, now designated in the law simply
as ludaei. The distinction made by Receswinth had disappeared.
Erwig, for example, accorded only to sincere Christians the advantage of
owning Christian slaves. This privilege seems to have been a reward for
those who, without waiting for a full year, adopted Christianity within
sixty days after the promulgation of the law.
Erwig imposed upon the Christian priests the obligation of convoking
the Jews in the churches, in order toread the laws to them. Every Jew
had to be present at this reading, and ignorance o the laws was not
accepted as an excuse. 1
The same penalties were applicable to Jews, whether baptized or not,
who violated these laws, and to those who failed to report such trans-
gressors; Christians by birth who failed to reporta guilty Jew were sub-
ject only to a fine. A whole series o laws was enacted to prevent such
infractions, to punish Jews who placed themselves in a position to violate
the laws, with another series to prevent any means they might discover
to elude them.
Such laws revea] to us the nature and the diversity o the obstacles
which the Visigothic kings encountered in the application of their anti-
Jewish program. Their legislation was constantly nullified by the pay-
ment of bribes by fhe Jews to the nobles and clergy for protection.
Erwig had conflded the control of the Jews to the clergy, 2 but he knew
beforehand that the nobles, as patrons of the Jcws, would help them to
frustrate the laws. He decreed that the nobles could not serve as their
patrons. For each Jew so protected in violation of the law, the noble must
pay a fine o three pounds of gold and suffer excommunication by the
bishop charged with the surveillance of the Jews. 3 But these measures
were ineffective, for the dE;!inquent Jew was very oten able to bribe the
magistrates. Fearing this, Erwig obliged these magistrates to try Jews
only in the presence o a priest. 4 The clergy itself, however, when it did
1 L. Vi.tig., XII, S, 28. Tbe reading had to be made throughout the kingdom. This was done at
Toledo, for severa! MSS. have the Collowing statement at the end of L. Ving., XII, 2: 'Lecte sunt
leges suprascripte omnibus Iudeis in ecclesia Sancte Marie Toleto sub die vi. kal. feb. anno feliciter
primo regni gloriosi domini nostri Ervigii regs,' or 't7 January 681.
1 L. Ving., xu, s. 28; cr. xn, s. 'l6.
3 J/rid., XII, S, 't2.
4 llTid., XII, 8, i5
not actually aid the Jews to evade the Iaws, failed to take seriously the
control with which it was charged. This was the clergy, it must be
remembered, whose duty it was to grant the Jews certificates attesting
them to be orthodox Christians. We learn that the clergy did not act
on denunciations against the Jews, since the king threatened every
priest guilty of such indolence with a penalty of three months' excom-
munication and a fine of one pound of gold, or, if he were poor, with
six months' excommunication, in addition to whatever penalties the
bishop might order. The bishops themselves were not immune to
worldly considerations, and the king had to order them to keep watch on
one another. He had even to anticpate the cases where the bishops
would know how to repress their mutual zeal ('si alter in
alterius correctione zelo excitante divinitus non fuerit excitatus'). In
that case, Erwig promised that he himself would punish the guilty Jews
and their accomplices. 1 We are reminded of Juvenal's words, 'Sed quis
custodiet ipsos custodes?'
In his eagemess to extirpate the Jews, Erwig had ended by enacting
laws against everyone concerned. His legislation indicates the lack of
power to cope with the entente of nobles and clergy. 2 Forced to anticipate
and to rule on everything, his laws become obscure and confused, and
end by failing to attain their purpose.
Egica (687-70~) adopted other tactics. He did not renew the law which
prescribed forced baptism of Jews, 4 and in exchange for their promise to
remain orthodox Christians5 he freed the converted Jews from ali the
disabilities to which they were subject. 8 Thus he multiplied the advan-
tages which tended to aggravate the legal inferiority of the Jews. In
order to give another outlet for the cupidity of the nobles, to induce them
to apply faithfully the anti-Jewish legislation, he enacted a series of
measures which would at once enrich the nobles, impoverish the Jews,
and prevent them from paying for protection.
1 L. Ving., xn, S, 24. The final rlause which gives tht- clergy a defense wben it violates the law i.
corroborated by XII, S, 26: 'Episropi quoque ipsi tune constitutum non perdpient damnum, quando
eis crimen talium non fuerit per subdtos nuntatum.'
1 L. Vi8ig., XII, s. 24.
1 Graeh, Wutgothche Ge1elzgebung, p. 26, and A Wengen, op. cit., p. 82. show an error in judg-
ment by characteri2ing itas hrilliant leiralistc work. More apposite is the criticism oC Muntesquieu,
L'uprif du loi1, xxvm, 1: 'Les lois des Wisigoths, celles de Rereesuinde, de Chaindasuinde et d'Egica
sont puriles, gauches, idiotes; elles n'atteignent point le but; pleines de rhHorique, et vides de sens,
frvoles daD.i le Cond, et gigantesques daos le style.'
4 In 688, i.e., under Egica, the Jews seem to ha ve been Cree to practice their cult. Julian of Toledo
sent bis work Prognoticon to ldalius, bishop of Barcelona, by a Jew Restitutus. and was censured Cor
using such a bearcr, ldalius, Ep. (PL . XCVJ, 458). See abo the <liscusi;ion or the Jewi.sh inscription
at Karbonne. infra, pp. 148 fF.
1 17 Toledo, Tomus (MGH., L. Vi1ig., p. 484; Gonzalez, 587; :Mansi, XIJ, 94).
'L. Vil'ig., xn, !l, 18.

Conversion of Jews to Christianity 21
The Jews were forced to sell to thefiscus, ata fixed price, all their slaves,
edifices, vineyards, olive-groves, and any property ever acquired from
Christians. These possessions the fiscua would give to the nobles and
clergy. Henceforth, the Jews could not, on pain of perpetua} slavery
and confiscation of their property, carry on any commerce with the
Christians of the Visigothic kingdom nor engage in transmarine trade.
At the same time Egica augmented their taxes, although he had made it
impossible for them to obtain money with which to pay. 1
This policy was a_pproved by the Sixteenth Council of Toledo (693). 2
Driven to desperation,tfieJews, both baptized and non-baptized, asked
aid from their brethren in Africa, and made plans to deliver Spain to the
more tolerant Moors. 3 The plot was discovered in time, and Egica
immediately called the Seventeenth Council (9 November 694), and
before it related the crime against the state.' He demanded that measures
be taken against all, even baptized, Jews. Only those of Septimania,
dwelling in the mountain passes and necessary for the protection of that
province, were exempt from his laws, on condition that they become
Christians. 5 Ali others were declared slaves, their goods were confiscated,
and they themselves scattered in the various provinces. They were
assigned to Christian masters who had to swear never to free them.
These masters had to guard against any observance of the Jewish rites by
their newly acquired slaves. Jewish children were to be removed from
the home of their parents at the age of seven and sent to Christian schools .
and later married to Christians. These measures were sanctioned by the
king. A number of Jews escaped in time; the others were reduced to
slavery.
Witiza (700-711) 7 would probably not have freed the Jews from these
1 L. Vig., XII, 2, 18.
2 16 Toledo, Tomus (!t/GH., L. Viaig., p. 482; Gonzalez, 559-560; Mansi, XII, 62-64); 16 Toledo,
c. l (Gonzalez, 567-568; Mansi, XII, 68-69).
1 Cf. R. D. Shaw, 'The Fall of the Visigothic Power in Spain,' Engluh Hillorical Retriew, XXI
(1906), 214.
'17 Toledo, Tomus (!t!GH., L. Vi81g., p. 484; Gonzalez, 587; Mansi, XII, 94):' . quia
nuper manifestis confessionibus indubie invenimus, hos in transmarinis partibus Hebraeos alios
consuluisse, ut unanimiter contra genus christianum agerent.' Cf. 17 Toledo, c. 8 (Gonz.alez, 595-596;
Mansi, XII. 101-102).
1 17 Toledo, Tomus: ' . . . illis tantundem Hebraeis ad praesens reservatis, qui Galliae
provinciae videlicet intra clausuras noscuntur habitatores existere vel ad ducatum regionis ipsius
pertinere. . . . ' Juster, Cond., p. 296, n. S, suggests the reading ultra claU1Ura1 instead of
inlra. The passage of the CltUu (from claU1Urae) is today the Hill of Perthus. In this gorge are two
hamlets called the Clau.sa d'Amont and the Clausa d'Avall. See P. Vidal, 'Les Juifs des anciens
comts du Roussillon et de Cerdagne,' REJ., xv (1889), 19, n. 2.
1 17 Toledo, c. 8 {Gonzalez, 596; Mansi, xu, 102).
7 F. Gorres, 'Charakter und Religionspolitik des vorletzten spanischen Westgotenk!lnigs Witiza,'
ZWTh., XLVUI (1905), 96-111, especially p. 107.

unparalleled oppressions. 1 Under his successor, however, the Jews were

revenged. When in 711 the Arabs invaded Spain, they are said to have
found in each city a faithful band of Jews to welcome them and to help
them. 2 Two centuries of ruthless persecution had ended for the Jews.
~- GAUL
a) Merovingian Period
lnformation for the conversion of Jews in Gaul is not as complete for
all periods as it is for Visigothic Spain. We depend more on stray notices,
sorne of them apocryphal. lt is not possible to find a complete program
mapped out by the various Frankish kings. Instances, however, of the
conversion to Christianity of individual Jews or whole communities of
Jews in Gaul are numerous.
A doubtful tradition3 relates that Austremonius, the first bishop of
Auvergne, had preached to the Jews of Clermont and had succeeded in
converting Lucius, the son of one of the Jewish elders. After the angry
father had killed the bishop, Urbicus, the successor of Austremonius,
secured a decree from the authorities that all the Jews should either
accept baptism orbe put to death. 4 lt is unlikely, however, that such
an order would be issued by the Roman authorities at a time when the
Jewish religion was lawful, and Christianity was still unrecognized. The
account must be considered an invention of the hagiographer.
A poetical catalogue of the bishops of Metz (later the capital of Aus-
trasia), ascribed to Paul the Deacon, informs us that Simeon, the seventh
bishop, was of Jewish origin: 'Septimus Haebraeo est Simeon de sanguine
cretus. ' 6 According to another catalogue, 6 he occupied the episcopate for
thirty years and died 16 February 160. This date is certainly false, since
Simeon's second predecessor, Victor l, was present at the Council of
1 Lucas of Tuy, Chronicon mundi (ed. A. Schott, Hia-paniae iUustratae, Frank!urt a/M., 1608, 1v,
69), alleges that Witiza retracted Egica's anti-Jewish measures. His testimony has no value on
this point, and we must agree with Dahn, Die Kvnige der Germa11en, v, 239-2-12; VI, 421, that 'the
enmity of the Church' ('die kirchliche Feindschaft') invented the story of bis tolerance for the Jews.
Graetz, v, 156, withdraws the confidence accorded Lucas of Tuy in Westgothische Gesetzgebung, p. 19.
J. E. Scherer, Die RechtnerhiiJtn8se der Juden in den deutsch-osterreic/1ischen Lii.nckm (Leipzig, 1901),
p. 26, follows Lucas of Tuy.
2 liifra, pp. 116 ff.
A. Molinier, Lu 11ourcea de l'hi~toire ck France (Pars, 1901), p. 23, considers the ninth-<'entury
source untrustworthy.
4 Vita S. Auslremo11ii, c. 2 (AASS., November, 1, 51- 5!il!; 57-58; 68-70). Cf. Vita S. Urbici, c. 2
(AASS., April, 1, 251- 252).
6 Pauli et Petri carmina, xxv, 25 (MGH., Poet., 1, 60). Cf. J. Aronius, 'Ein getaufter Jude als
Bisehof von Metz,' ZGJD., 1 (1887), 98.

6 Catalogi episcoporum Jfettensium, 25 (MGH., SS., XIII, 804).
ConverS'ion of J ews to Christianity 23
Cologne in 346. 1 Simeon, then, must have been bishop in the middle of
the fourth century. Nothing more is known about him, but his Jewish
origin is again mentioned in the inscription on his shrine at the Abbey
of Senones:
Pausat in hac arca Simeon noster Patriarcha.
Si relegas Vitam, genus hunc probat lsraelitam.
Metis septenam Praesul moderavit habenam. 2
Somewhat later, Paul, the bishop of St Paul-Trois-Chateaux (the

ancient Augusta Tricastinorum in Narbonese Gaul), convinced a Jewish
money-lender of his sins, and after eight days 3 the Jew was baptized.'
Sidonius Apollinaris was very active in his efforts to convert the Jews.
In 47~ he recommended a Jew to Eleutherius, bishop of Tournai, asking
him to lend a favorable ear to the request of the Jew. No Jew, he said,
should be condemned, inasmuch as there is always hope that he may be
converted from his sins. 5 In a letter which he sent by Gozolas, a Jew,
to the patrician Magnus Felix, Sidonius speaks of him as 'their Gozolas,
God grant him ours.' 6 About the same time, Sidonius recommended a
baptized Jew, Promotus, to Nonnechius, bishop of Nantes. 7 Promotus
had been converted recently by the sermons of Nonnechius, so that now,
according to Sidonius, he preferred 'Jerusalem to Hierosolyma.' 8
Ferreolus, bishop of Uzes (553-581) showed himself friendly towards
the Jews at the beginning of his episcopate. He worked earnestly for
their conversion, mixing freely with them and even inviting them to his
table in order to convert them. For this reason, complaint was brought
against him to King Childebert of plotting with Jews and Saracens against
the throne. Ferreolus was banished to Pars, where he remained for three
years. In 558, having proved his innocence, he was permitted to return
to his diocese. Upon his return he called a synod to discuss the means of
converting ali the Jews of the district. Many of the Jews became
1 P. B. Gams, Seriu epilcopqrum ecclenae catho/.icae (Ratisbon, 187S), p. 292.
1 Vita S. Simeonia, c. 5 (AASS., February, u, 860). CC. J. Francois et al., Hiat.oire d~ Metz (Metz,
1769), 1, 220-221.
3 The Council o Agde (506), c. 84 (Gonzalez, 287; Mansi, vm, 880), decreed a catechumenate of
eight roonths; see infra, p. SO.
' Vita S. Pauli, c. 8-5 (Analecta Bollandiana, XI (1892), 877-879). His predecessor, Torquatus,
died in 874; Gams, op. cit., p. 619.
'Sidonius Apollinaris, Ep., \"l, 11 (MGH., AA., mt, 100-101). For the chronology o bis letters
concerning Jews see J. Rgn, ~tude sur la condition des Jus de Narbonne du v au XIv siecle,'
REJ., LV (1908), 1-5.
Sidonius, Ep., 1v, 5 (MGH., AA., vm, 57).
l /bid., Vlll, 18 (MGH., AA., Vlll, 145).
8 The final phrase, 'patriam sibi maluit Ierusalem potius quam Hierusolymam,' representa the
distinction between the Jerusalem on high, or the city of saints, and the terrestrial Jerusalem.
Christians; those who resisted baptism were driven from the city and the
whole diocese. Thereafter no Jew was permitted to dwell in Uzes. 1
In 568 St Germanus converted at Bourges a Jew, Sigerich, and, after a
miracle, bis wife Mammona. Many Jews followed their example and
were baptized. 2 Sorne years later, while on a journey from Tours to
Severiacus, Germanus by a miracle freed a baptized Jew, Amantius,
who had been imprisoned by the Jews because he refused to abide by
their laws. 1
Gregory of Tours condemns the bishop Cautinus of Clermont (ca.
551-571) for being on familiar terms with the Jews, not 'for their con-
version, which should have been bis careas a good shepherd, but in order
to huy of them precious objects. ' 4
The bishop A vitus of Clermont had striven for the conversion of the
Jews in his diocese. At length he succeeded in making a convert, who was
baptized on Easter Day, 5 April 576. When the new convert went in a
procession through the streets in bis baptismal robes, he was sprinkled
with rancid oil by a Jew. This act so aroused the Christians that they
attempted to stone the Jew. They were prevented from doing so by the
bishop. On Ascension Day, however, a mob demolished the synagogue.
On the following day Avitus gave the Jews a choice between baptism
or banishment. After hesitating for three days, over five hundred Jews
asked to be baptized. Those who remained true to their faith migrated
to Marseilles. 6 Venantius Fortunatus, who, at the request of the historian
Gregory of Tours, wrote a poem about this event, implies that the Jews
decided upon baptism only when they learned that resistance by arms
was impossible. 1 From a letter of Pope Gregory the Great to the bishops
Virgilius of Arles and Theodore of Marseilles, it appears that those who
escaped to Marseilles were later forced to adopt Christianity there. 7
1 Vita Ferreoli in M. A. Dominicy, Anaberli familia rediriro (Paris, 1648), Appendix, pp. 27-29.
Reprinted in Calalogm codicum hagiographicarum lalinorum (Brussels, 1890), II, 100-IOS. et.
Gallia Chrtiana (Paris, 1789), v1, 61S. A shorter lile in J. DuBouchet, La rhitable origine de la
1econdc et troUiemc lignle de la mailon royau de Fran~ (Paris, 1646), preuves, pp. SO-SI, which,
according to Domioic-y, op. cit., p. 109, is later, does not meotion the Je,.,s.
1 Venaotius Fortunatus, Vita S. Germani, c. 62 (MGH., AA., IV, 2, 24). J. M. Jost, Gc1chichte <kr
laraclitc11 (Berln, 1825), v, 69, errs in calling the husbaod 'Sigbert,' while H. Gross, 'Zur Geschichte
der Juden in Arles,' MGWJ., xxvn (1878), 182, is also in error in calling the wife 'Manconona.'
1 Veoantius Fortunatus, Vita S. Germani, c. 64 (MGH . AA., 1v, 2, 24). Se\eriacu.s is Civray-slll'-
Cher (Dpartement Indre-et-Loire); see A. Longnon, Gkgraphie de la Gaule au VI likle (Paris,

1878), p. 292.
'Gregory of Tours, H. F., IV, U (MGH., Sc:ript. Merou., 1, 149).
1 /bid., v, 11 (MGH . Sc:ript. Meroo., 1, 19~200).
1 Venantius Fortunatus, Carmina, v, 5, 78-82 (MGH., AA., IV, 1, 110). For Gregory's relationa
with Fortunatus aod a brief account of this poem see R. Koeboer, Venanliu1 FortunalUI (Berlin,
1915), p. 84.
7 Gregory, Ep., 1, 45 (591). Ct. F. W. Kellett, Pope TtJJory tire GTeat and H Relation1 'IJJ/ Gaul
(Cambridge, 1889), p. SO. The definitive text of Gregory's letters is in MGH., Ep., I and u.
ConverS'ion of J ews to Chri.stianuy 25
In 582 King Chilperic ordered the conversion of the Jews by force, 1

and himself stood sponsor for many of them. Priscus, the court jeweler,
refused to be baptized and was imprisoned. By making gifts to the
king, he obtained his release in order that he might attend the wedding
of his son to a Jewess of Marseilles. 2 Meanwhile a dispute arose between
Priscus and Phatir, one of the baptized Jews. On the Sabbath, when
Priscus, in his prayer-shawl, was proceeding to a secret synagogue,
Phatir slew him and his retinue. A few days later Phatir was slain by
the kinsmen of Priscus.
Gregory of Tours relates with horror that a Jew of Bordeaux scoffed at
the priest Lupus, because the priest had recourse to St Martin in the
hope of securing relief from the quartan fever. The Jew himself was then
stricken with the fever, and, although he suffered for ayear, refused to
become baptized.
In 614 the Fifth Council of Paris prohibited Jews from demanding or
exercising military or administrative offices over Christians, unless they
and their families had been baptized by the bishop of their district. 6
In 618 many Spanish Jews sought to escape the persecutions of the
Visigothic king Sisebut by flight into Gaul. 8 But in 629 the Merovingian
king Dagobert proposed to drive from his domains ali the Jews who would
not accept Christianity. He was induced to take this measure by
Heraclius, the Eastern Roman emperor, to whom astrology had pre-
dicted the destruction of his empire by a circumcised people. 7 'Many
l According to E. Loening, Ge11chichte des deul1ehen Kirchenrecht11 (Strassburg, 1878), u, 56, the
order for baptism was not a general one.
t The words 'Massiliensim Hebraeam,' have often been mistranslated as 'Marseilles, the Jewish
city; so L. Bardinet. '!,e., juifs du Comtat Venaissin au moyen-Age,' Reme hiatorique, XIV (1880), 40;
Grosa, GJ., p. 867; Graetz, v, 49; J. Weyl, 'La rsidence des Juifs A Marseille,' REJ., xvu (1888), 96.
The error is pointed out by A. Crmieux, '!,e., Juifs de Marseille au moyen-Age,' REJ., XLVI (190S),
1, n. l.
Gregory of Tours, H. F., vt, 17 (MGH., Script. Meroo., 1, 259).
'Gregory of Tours, De rrtutilnu S. Marlini, m, 50 (MGH., Script. Meroo., 1, 644).
5 Council Paris, c. 17 (15) (MGH., Conc., 1, 190; Mansi, x, 54i-54S).
1 Supra, p. 12. F. Dahn, Die K/Jnige der Germanen, v, 181, n. i, relates on the authority of Paul
Emeritensis that tbese fugitives were later forcibly converted by Dagobert, since be did not wisb
to be inferior in piety to the Visigoths. Dahn's reference is not correct, inasmucb as the passage
cannot be found in the edition o Paul (PL., LXXX). Such a passage exists in the De rebua gulia
Francorum of Paula. Aemiliu.. of Verona (ed. A. Ferronus, Basle, 1601), Bk. 1, p. SlA.
7 Fredegar, Chronicae, rv, 65 (MGH . Script. Meroo., 11, 15S). The Guia Dagoberti, c. 2.1 (MGH.,
Scripl. Meroo., u, 409). adds that those who refused baptism were driven from the kingdom. Aimoin,
HWria Francarum, rv, 22 (PL., cxxx1x, 788}, Ademar, Hiatoria.1, U (MGH., SS., 1v, 114), Chroni-
con M~nu (MGH., SS., 1, 286), Ekk,/w.rdi chronicon Wir.sihitrgenu (MGH., SS., VI, 25), are
late and depend on Fredegar and the Guta Dagoberti. The evidence long suspect, for example. by
l. Loeb, 'France,' JE., v, 144, and S. Cassel, 'Juden (Geschichte),' Erscb und Gruber, Encyclopiidie,
u, 27, 68, has been demonstrated as trustworthy by the Doctrina lacobi nuper baptizati, a Greek
text written in the year 684, and recently discovered (ed. N. Bonwetscb, Abhandlungen der kanigl.
The Jews in the Kingdoms of Spain and Gaul
changed their faith at that time, while large numbers were slain by the
sword,' says the Jewish historian Joseph ha-Kohen. 1 Doubt has been
cast upon this account of forcible conversion, but with little justification.
A contemporary document shows that Heraclius ordered the baptism of
the Jews in Africa. 2 On the other hand, it is difficult to reconcile with
this account another bit of evidence for Dagobert's reign. In 633 Dago-
bert madc an act of donation to the Abbey of St Denis, together with lb.e
tolls which his merchant Solomon collected at the Gate of Glaucinus
(today Quai aux Fleurs). It is true that Solomon is not designated as a
Jew, but his name and occupation lead one to this identification. 3 But
if the date 633 is correct, Solomon may well have been a Jew baptized in
629, and in that case there is no reason to doubt the story of Dagobert's
persecutions. It is significant, moreover, that from this time until
the time of Pepin the Short there is hardly any trace of the Jews in
Gaul. The baptism of ali the Jews of Bourges by the bishop Sulpicius,
'more through his example than by his words,' must have taken place
during the general conversions under Dagobert.'
b) Carolingian Period
We have few references to the conversion of Jews to Christianity in
Carolingian Gaul. About 828 Einhard tells of the miraculous cure of a
girl at Jlich, near Aachen, by means of the relics of St Marcellinus
and St Peter. Severa} Jews witnessed the cure, and one of them, David
by name, hastened to relate the miracle to Einhard, and offered thanks
to God who worked such wonders for mortals through the martyrs. 5 We
are not informed if the effect of what he had witnessed infiuenced David
to accept baptism, although this is very likely.
Agobard, bishop of Lyons (ca. 825-840), hada dispute with the Jews of
GeseUachaft rkr Wi.mmachaft zu Gottingen, Phil.-hist.-Klasse, K.F., xn [Berln, l!HO), m, 1-2). For a
discussion of the Fredegar problem see :\l. ManitiuR, Geachichle der lateiniach1Jn Literalur dea MiUa-
altera (l\lunich, 1911), 1, 2~227.
1 Joseph ha-Kohen, 'ETM"= ha-Bakah (transl. Se, p. 9; Wiener, pp. 5 and 148, n. ll and 12). A
similar account is found in ha-Kohen's Dibre ha-Yamim, c. 10 (transl. C. H. F. Bialloblotzky, The

Clironicles of Rabbi Jo1eph the Sphardi, London, 1885, I, 10). Joseph ha-Kohen is late (1496-1575),
but he may depend upon sorne Jewish source now lost.
1 Supra, p. 25, n. 7.
1 Gesta Dagoberti, c. SS (MGH., Script. Meroo., n, 418); cf. L. Kahn, Lu Juifa a Par depuu le V J
ai).c/,e (Paris, 1889), p. 4.
'Vita Sulp:ii BiJurgi, c. 4 (!t!GH., Scri>t. Meroo., IV, 874-875); ibid., 1, 14 (J. Mahillon, Acl4
Sanctorum, n, 171); another Vita in AASS., January, u, 175. The Liber pontificalil of Agnellus, c.
ISS (J/GH., Script. Langob., p. 865), relates the similar conversion of a Jew by St Damian in 692.
CC. also the account of the forced conversion at this time of the Jews by the Lombards, Carmen de
SynO<J Ticiuenai (J!GH., Script. Langob., p. 190).
5 Einhardi tran.tlatio et miracula SS. Marcellini et Pdri, l\', S (MGH., SS., xv, 1, 257) .
Conversion of Jews to Chn'.stiany 27
Lyons concerning a Jewess who had been baptized without permission.

The Jews persecuted her on the basis of a royal patent of which the bishop
was not hitherto aware. Agobard considered this patent false, since it
was contrary to the teachings of the Apostles and the Church and brought
him into the unhappy position of choosing between the commands of
God and the will of the king. 1
Sorne years latera number of baptized Jews complained to Agobard's
successor Amulo that poor Christians were being oppressed by Jewish
tax-collectors. 2
We have one record of the conversion en masse of Jews in this period.
Between the years 830-850 a bishop3 thanked the emperor for bis help
in the efforts to convert the Jews. :Many Jews of every age and condition,
including sorne slaves, had been converted. These new converts had then
attempted to persuade others, especially children, to become Christians.
This work of persuasion was helped by sermons which the Christian
clergy preached every Sabbath in the synagogues. The parents of the
children had at night secretly sent them south to Arles. A large group
of these children carne from Chalons, Macon, and Vienne. As soon as the
bishop had learned of this from baptized Jews, he had gathered the
remaining Jews in the church, in order to baptize those who desired it.
Six boys chose baptism, and after them a group of forty-seven. He
entrusted these boys to monks for their education, and made plans to
baptize them on Easter. The bishop requested the emperor to see that
they were not molested and also to remind the bishop of Arles to baptize
the Jews in that city.
About this time there took place the interchange of letters between
Bodo, a nobleman who had been converted to Judaism, and Paulus
Albarus, bishop of Cordova. In one letter4 Albarus says that Bodo is a
Jew by religion, but not by birth; Albarus, on the other hand, was born
a Jew, but had become a convert to Christianity.
1 Agobard, Ep. 6 ad ]YrOCeru palatii (JlGH., Ep., v, 179, 181; PL., c1v, 175, 178).
1 Amulo, Ep. contra Judaew, c. 42 (PL., CXVI, 170-171).
1 In PL., cxu:, 422, the letter is entitled Ex epistola episcopi ad imperalorem de baptiiat Herae,
and the authorship assigned to Florus of Lyons. In JIGH., the letter is assigned to Agobard or
Amulo and printed with Agobard's letters, 19 (MGH., Ep., v, 289). Jost, Guchich der lnaeliten,
n, 70, without indication of reasons, assigns the letter to Amulo's successor, Remigius. F. Wiegand,
'Agobard von Lyon und die Judenfrage,' Feschnft . . . Lupold ll011 Bayern (Erlangen, 1901),
1, 289, n. 76, lollows Jost's identification. The emperor to whom the letter was 'l\Titten is either Louis
the Pious or Lothar, depending on the date and the author of the letter, both of which must remain
nb judica in the absence of furtber evidence.
Albarus, Ep., XVIII, 5 (Florez, XI, 196; PL., cXXI, 496): 'Tu qui, ut dicis, ex idolatra ad summi
Dei cultum reversus es, et non gente, sed fide Judaeus es; anego qui et fide et gente Hebraeus sum?
sed ideo Judaeus non vocor, quia nomen novum mihi impositum est, quod os Domini nominnvit.
Nempe pater meus Abrabam est, quia majorca mei ex ipsa descenderunt traduce.' See Florez,
XI, 11-14, for a discussion of this passage.
There were, as we have seen, two opinions about the methods by

which the conversion of Jews was to be accomplished. One affirmed that
no cruelty was too severe for this purpose. Thus, even before the Visi-
goths began their ruthless campaign against the Jews, the bishop Severus
of l\Iinorca in the Balearic lsles, in a letter concerning the Jews of Magona
on that island, urged the most drastic measures for their conversion.
In 418 he baptized the Jews by force.1
Anothcr opinion was that they should be won to Christianity by mild
and peaceful endeavors. Pope Gregory the Great was the most active
proponent of this method. When Roman merchants of Jewish extraction
complained to him that their co-religionists in l\farseilles were subjected
to harsh treatment, Gregory ordered Virgilius, bishop of Arles, and
Theodore, bishop of Marseilles, to interpose. He urged that preaching,
not persecution, should be employed to win the unbelievers. 2
Although Gregory was always opposed to violent conversion, he fre-
quently offered pecuniary advantages to Jews who wished to become
Christians. In July 59~ he suggested to Peter, rector patrimonii of
Sicily,
quia autem multi ludaeorum in massis ecclesiae commanent volo, ut si qui de eis
Christiani voluerint fieri, aliquanta eis per.si relaxentur, quatenus isto beneficio
provocati, tali desiderio et alii adsurgant.1
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." According to Gregory, even if those who were bap-
tized became converts in hope of material advantage, their children,
at least, would be won for the Church. 6
s. PRAYERS FOR THE JEws

While these various methods of conversion were being employed,
prayers for the Jews were included in the liturgy of the Church. 6 These
1 Se,erus, Ep. de Judaeia (PL., xx, 781-746; PL., XLI, 821-882).
1 Gregory, Ep., 1, 45 (591). On Gregorys attitude to the Je"s generally cf. S. Katz, 'Pope Gregory
the Great and tbe Jews,' JQR., XXJV (1988), llS-187.
1 Gregory, Ep., n, 88 (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., xv,
26, and IX, 204.
'Gregory, Ep., rv, !11 (594).
1 lbid., v, 7 (594). St Masona (fl. 57!H97) of Merida in Spain attracted Jew11 to Christianity by
curing them oftheir maladies in a hospital which he erected; Vita S. Ma10T<ae, c. 9 (AASS., Novem-
ber, 1, 827-828).
1 Cf. L. Canet, 'La priere "Pro Judaeis" de la liturgie catholique romaine,' REJ., LXI (1911),
21S-iil.
ConversJn of Jews to Christiany 29
prayers, which were offered at Easter, tended to accentuate the character

of Christianity as a religion of pardon. An abridgment of the prayer is
found in Gregory of Tours :1
Sacerdos orans [pro ludaeis], ut, conversi ad Dominum, velamen ah eis litterae
rumperetur, quidam ex his ad sancta pascha ut baptizaretur expetiit. . . .
This prayer was included in the Gothic Missal.1 The Salzburger Capit-
ularies of 799-800 A.D., order that, when the Roman practice is fol-
lowed, on the Wednesday before Maundy Thursday the prayers set for
Good Friday must be offered by the bishops and priests while kneeling,
except during the prayers for the Jews. Agobard also refers to these
prayers for the Jews.4 His successor Amulo says that Jews are worse than
heretics, since during Passion Week the Church prays first for heretics,
then for the Jews, and finally for pagans.' The duty of the bishop to
pray for the Jews on Good Friday is also mentioned by Notker Balbulus
in a letter to Waldo and Solomon in the year 877.'
Occasionally measures more active than prayers were taken to effect
the conversion of the Jews. Wiegand discusses an Advent-sermon which
Charlemagne is supposed to have sanctioned. According to Wiegand,
the sermon was composed with the object of persuading Jews to become
converts to Christianity of their own volition. His arguments, especially
his hypothesis that the conversion of the numerous Jews in bis realms was
part of Charlemagne's program, are not very convincing. The sermon
was persuasive, but very mild and friendly towards the Jews. They were
not compelled to hear it, but received an opportunity of doing so on a
fixed day, if they wished. 7 Similarly, in the letter regarding the baptism
of Jews between the years 880-850, the bishop '\\Tites that the Christian
clergy preached sermons every Sabbath to the Jews in their synagogues. 8
4. FORMULAS OF ABJURATION
The Church, which had been so tolerant towards Jewish candidates for
baptism, gradually multiplied the formalities for their baptism and
demanded of them more humiliating declarations.
In the second, third, and at the beginning of the fourth centuries, the
1 Gregory of Tours, H.F., v, 11 (MGH., Script. MerOf!., I, 200).
1 J.Mabillon, De liturgia gaU:ana (Paris, 168.5), p. 289, reprint~ in PL., LXXVlll, 1215.
Capitulara Salburgenlia, c. 48 (MGH., Capit., 1, 280 MGH., Conc., u, 212).
'Agobard, Ep. 6 ad pr~u palatii (MGH., Ep., v, 181; PL., civ, 178).
Amulo, Ep. contra Judaeoa, c. 4 (PL., cxv1, 148); c. 59 (PL., cxn, 184).
'Collectio Sangallenm, No. 48 (MGH., Form., p. 4.26; the date is given on p. 898).
7 F. Wiegand, Daa Homilarium Karll dla Groaaen (Leipzig, 1897), pp. 94-96.
'E:reprola epcopi (MGH., Ep., v, 289; PL .. cxix. 422).

30 The J ews in the K ingdoms of Spain and Gaul
Jews had a shorter catechumenate than other candidates for baptism

and were freed from many of the formulas of baptism. Thus, Severus
of l\finorca contented himself with little when he proceeded to the violent
conversion of the Jews: 'Illico in frontibus eorum signum salutis impinxi-
mus.'1 From the beginning of the fifth century these advantages were
withdrawn. Mter Justinian, the Church, in order to convince herself
that the Jew had definitely renounced bis faith, ordained a long catechu-
menate. In 506 the Council of Agde, under the presidency of the arch-
bishop Caesarius of Arles, decreed that Jews who become Christians
should study the catechism for eight months, so 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. 2
The Church, moreover, demanded from them, at the time of baptism,
that they renounce their old religion by a solemn abjuration. The same
formalities of baptism had been required for Jews and pagans, save,
however, that the renunciation of the devil was replaced by a declaration
whereby Jesus was recognized as the Messiah, the Christ predicted by
the Old Testament. Even in the time of Gregory of Tours this profession
was not yet an abjuration:
Credimus Iesum, filium Dei vivi, nobis prophetarum Yocibus repromissum;
[et ideo petimus, ut abluamur baptismum, ne in hoc delicto permaneamus].3
The formula of abjuration did not replace the declaration of the messian-
ity of Jesus, but was now added to it.
The most ancient formula of abjuration for the Jews is the placitum
which the Jews of the Visigothic kingdom swore at the church at Toledo
in 637, during the reign of Chintila.' The text begins: 'lncipit confessio
vel professio ludaeorum civitatis Toletanae,' and concludes: 'Factum
placitum promissionis vel professionis nostrae .' This placitum
was followed by a series of others which are found in the Leges V isi-
gothorum. In 654 6 and in 681, 8 formulas of abjuration resembling the
placitum of 637 were introduced. These, it must be remembered, were
imposed upon the Jews after they had been compelled by the Visigothic
kings to accept baptism.
i Severus, Ep. tk Judae (PL., xx, 789).
t Council of Agde, c. 84 (Gonzalez, 287; Mansi, VIII, 880). This regulation became part or the
canonical law (Gratian, Decreti 8. de consecratione. Dist. 1v, c. 98, Friedberg, Corpua iuria canonici,
1, 1892); cf. Decreialu Paeudo-Ilidoria~ (ed. Hinschius, p. 884). lt was rarely invoked during the
period when conversion by force was common.
a Gregory o( Tours, H.F., v, 11 (MGH., Script. Meroo., 1, 200).
'Su]JTa, 14, n. 7. J. Parkes, The Conflict of the Church and the Synagog~ (London, 1934), pp.
894-897, Appendix 8, translates the Visigothic professions o faith.
1 L. Vig., XII, 2, 17.
8 /bid., XII, 8, 14-15.
Conversion of J ews to Christianuy 31
The formulas of abjuration represent, in their successive modifications,

the position of the Jews in the Christian society in which they lived. The
texts contain promises of a good Christian life, formal renunciation of the
various Jewish rites, anathemas against the Jewish cult, and against
each of its rites and doctrines. The whole abjuration is accompanied by
various epithets which are recited by the candidate at baptism, and
repeated in a different form in the prayer which the priest makes during
the baptismal ceremony. For the Occident we have only the formula of
this prayer preserved in the Lber ordinum:
Tu, perfice in eum initiate fidei sacramentum, et protervi generis prolem spirituali
promotione exaltaturus humilia. Pande sui cordis arcanis misteria Veteris
Testamenti, ut beatissimus vates te canuisse Evangelio inluminatus inveniat:
ac dum civitatem suam rugitu cordis inlacrimat, regredi ad tenebras parentales
merite lucis amore despiciat; tetrum fetorem horreat Sinagoge, quem ydolorum
spurcitiis inquinata lupanari prostitutione collegit. 1
1 Liber ordinum, I, 40, Oratio 8Uper conreTtente ludaeo (ed. M. Frotin, Paris, 1904, pp. 105-107).
It is a prayer recited by the priest during the baptism, and not, as Frotin states, a formula of
abjuration.
CHAPTER 111
ANTI-JEWISH POLEMICS
W HILE Church and State both in Spain and in Gaul united in the
effort to convert the Jews to Christianity, prominent ecclesiastics
wrote polemical tracts against the Jews. Such works had been written in
Rome, even before Constantine 1. 1 The Church Fathers employed this
type of writing, changing it for their purposes. 2 They attempted to show
the superiority of Christianity, and, by a comparison, real or implied,
the inferiority of the Jewish religion.
In a general way the elements of the anti-Jewish polemics are derived
from the patristic commentaries, from certain passages of the Old and
the N ew Testament, and from the homilies pronounced on certain
festivals. In the Lives of the Saints, which were so often composed for
the purpose of edifying the faithful, are found sorne of the elements of
anti-Jewish polemics. Sometimes this polemic is merely an attempt
to glorify the Christian religion to the disparagement of the Jewish.
Thus, in the hagiographic writings the Jew is baptized after a miracle
which the saint has performed. Such miracles caused the conversion of
the Jews at l\finorca in 418, 3 and.Jater, in 568, the conversion of those at
Bourges. 4 Similarly, important'members of the Church by their sanctity
so impress the Jews, that they come to mourn at the funerals of these
Christians. The universality of this convention in Saints' Lives is
shown by many passages. For example, in 449 at the funeral of Hilary,
bishop of Arles, Jews and Christians mingled in throngs and wept, while
the Jews sang psalrus in Hebrew. 6 It is curious to note that in spite of
Caesarius of Arles' undoubted antagonism towards the Jews, his biog-
1 L. Geiger, Quid d8 Judaeorum moribua atqtU inatitul IC1plcribua romana pernuuum fuerit
(Berlin, 1872). The texts are collected by Th. Reinach, Tutea d'auteura gra et romaina relati~.a
au judaia1no (Pars, 1895).
s No serious study ha8 been devoted to the subject of anti-Jewish polemica among the Church
Fathers. Cf. S. Krauss, 'The Jews in the Works of the Church Fathers,' JQR., v (1898), 122-157; n
(1894), 82-99, 225-261. J. Parkes, Tlia Conflict of the Church and the Synagogue (London, 1984),
is very helpful. The present study wM already in type l\"hen a useful commentary on these
polemical works appeand, A. L. Williams, Adcertu Judaeoa: A Bird',..Eyti Vitiw of Chriatiat Apo-
logia11 until the &naiuanCIJ (Cambridge, 1935); see especially pp. 206-227, 848-865.
3 Severus, Ep. dtJ Judaeia (PL., xx, 781-746).
4 Venantius Fortunatus, Vita S. Germa11i, c. 62 (MGH., AA., IY, 2, 24).

1 Vita S. Hilarii of Arles, XXII, 29 (PL., L, 1248). Venantius of Arles was also loved by Hebrews,
according to his biographer; see Dt1 S. Vt1nantio, c. 5 (AASS., May, YII, 288).
82
Anti-Jewish Polemics 33
rapher relates with pride that even Jews attended the bishop's funeral
and wept. 1 When Gallus, the bishop of Auvergne, died in 551, and was
being carried with great pomp to his tomb in the basilica of St Lawrence,
the Jews joined the procession with lighted torches and shared in the
general grief. 2 So, too, Jews are supposed to have mourned at the funeral
of the abbess Rusticula of Arles, who died about 6S!l.3
The arguments against the Jews which the Church Fathers handed
clown to their successors became the basis of the polemical writings
devoted exclusively to the Jews. The authors of these works pretend,
in many cases, that they are based upon actual disputations with Jews.
Whether such discussions between Jews and Christians took place is
uncertain.' The Jews may themselves have composed polemical works to
defend themselves from the attacks of the Christians. 6
l. SPAIN
In 418 St Severus of Minorca wrote a kind of circular letter 'ad omnem
ecclesiam, de virtutibus ad Judaeorum conversionem in Minoricensi
insula factis.' In this letter Severus recounts how the relics of St
Stephen which had been brought to Minorca helped to convert the Jews.
After the Christians under Severus had burned the synagogue, Theodore,
the defensor civitatis and head of the Jewish community at Minorca,
gave an eloquent vindication of his religion to the Jews and Christians
assembled in the ruins of the synagogue. He refuted all objections and
poured contempt on his opponents, who looked to heaven alone to stop
him. No miracle, however, was granted them, and they owed their
triumph to accident. All the Christians began to cry, 'Theodore, believe
in Christ !' The Jews mistook the words, and thought it was a shout of
triumph, 'Theodore believes in Christ !' In desperation they fled to the
woods. Theodore, entirely deserted, could not resist the arguments which
1 Vita Cauarii. n. 49 (MGH., Script. Merov., m. 50G-501).
1 Gregory of Tours, Vitae patrum, vi (7) (MGH., Script. Mer0tt., 1, 686).
Vita Rwticulae, c. ~ (MGH., Script. Merov., 1v, 550). This evidence cannot be accepted, since
it was 'l\Ttlen not by a contemporary, but in the time of Louis the Pious. According to Krusch
(MGH., Script. MerOfl., JV, 545), the words are borrowed directly lrom the Vita of St Hilary of Arles.
'F. Vemet, 'Juifs (controverses avec les),' Dictionnaire de tMologie catholiq!Ul (Pars, 1925), \'JJJ, 2,
1880-1887. Instructive, because it is typical of such discussions, and amusing is the disputation
between Friar Jose and Rabbi Juda in Heinrich Heine, 'Disputation,' HebriiuclUJ Melodien, Roman-
uro, Book nr.
I. Loeb, 'La controverse religieuse entre les ChrHiens et les Juils au moyen-f.ge en France et en
Espagne,' ~ ck fhiltoire du religions, xn1 (1888), 527.
Severus, Ep. ck Judaeis (PL., xx, 781- 746; PL., XLI, 821- 882). Cf. A. Roigius, De 1acris apud
minorem Balearem antistitibm (Palma, 1787); S. Martinez y Romero, La conrercione milagro1a ck ~
Judos ck Menorca (Madrid, 1856). The date is given in PL., xx, 746. The letter is badly preserved,
1ince there are lacunae in P L., xx, 756, bottom, and 758, top.
showed the advantages of Christianity. The example of his defection

was followed, and nearly all the Jews were baptized. 1
Of his long didactic poem, the Apotheosis, Aurelius Prudentius devotes
a considerable portion to the subject of the Jews. 2 He attempts to show
that they have been abandoned by God and that they ought to yield to
Christ. The poem is in the usual polemical style of the time and a
detailed exposition of it would throw very little light on the condition
of the Jews of Spain. Much of the Apotheosis, in fact, is derived from
Tertullian's Adversus Judaeos. 3
Sorne time between 608 and 615 Aurasius, the bishop of Toledo, had
excommunicated and anathematized a count Froga for defending certain
Jews against the bishop. On tlie basis of a note by Florez in bis edition
of Ildephonsus of Toledo,' Juster5 concludes that Aurasius composed an
anti-Jewish work. The note reads:
Exstat apud nos manuscripta ejus epistola ad quemdam Froganem Judaeorum
partes foventem.
The letter to which Florez refers has been edited. 8 lt is merely a formula
of excommunication and offers no material which might be considered
anti-Jewish polemic. A scholion to this passage by Julian, a priest of
St Justa in Toledo (ca. 1155-1160) 7 clarifies the entire edict of excom-
munication. Aurasius had converted a number of Jews to Christianity.
One of the Jews of Toledo, Levi Samuel, complained about this to Froga,
who protected them against Aurasius and for this was excommunicated.
When Sisebut commanded the Jews in 618 either to become baptized
orto leave his domains, the Jews are said to have obtained an audience
with him and to have held a theological debate with him. The king
declared that he was constrained by conscience to force them to receive
baptism. The Jews adduced the example of Joshua, who did not, they
said, compel the Canaanites to accept the law of Moses, but allowed
them peace on condition that they would observe the seven precepts.
1 Graetz, IV, 898, and M. Kayserling, Guchich der Juden in Spanien und Portugal (Berlin, 1861),
I,157, consider the letter of little value. Its authenticity in general, if not in details, is justly defended
by F. Dahn, Die Konige der Germanen (Leipzig, 1885), VI, 420.
2 Aurelii Prudentii Clementu carmina, Liber Apatheoai6, SU-551 (ed. J. Bergman, Cornu 6criptorum
eccluianicorum latinorum, LXI, 94-108). Cf. A. L. Williams, 'The Jews: Christian Apologists in
Early Spain,' The Church Quarterly Retew, e (1925), 271-275.
3 A. Brockhaus, Prutkntiw in 6einer Bedeutungfr die Kirche 6einer Zei.t (Leipzig, 1872), pp. 189 fJ.
'Ildephonsus, De l'irn ill1Utribu1, c. 5 (Florez, v, iSS-240; PL., xcYI, iOl).

1 Juster, Cond., p. 279, n. 5.
6 G. Heine, Bibliotheca anecdotorum (Leipzig, 1848). pp. 118-119; Epi8tol.ae WUigoticae, !i!O (MGH.,
Ep., I, 689-690). Heine's identification of Froga as a Jew is erroneous.

7 L. Ramirez de Prado, Luitprandi Cremonensia epiacopi opera (Antwerp, 1640), p. 55!4. Cf. W.
Gundlach, 'Epistolae ad res Wisigothorum pertinentes,' NA., XVI (1891), 46-47.

Perplexed by this historical argument, the king replied that he recognized

no authority superior to bis own; that it was his duty to enforce bis law,
because ali who were not regenerate in baptism must perish everlastingly.
To this the Jews answered that, since those who despised the Holy Land
were sufficientJy punished by being excluded from its blessings, so they
would pay an adequate penalty by being excluded from eternal life.
Sisebut rejoined that men might be left to themselves to accept or to
refuse temporal advantages, but that they must be forced to receive
spiritual blessings, as a child is forced to learn his lessons. 1
The most important of the anti-Jewish writings produced in Spain
was the De fide catholica ex Veteri et Novo Testamento contra Judaeos by
Isidore of Seville. 2 This treatise in two books was written at the request
of bis sister Florentina, a nun. Its popularity during the Middle Ages
is shown by the number of early manuscripts of it3 and by tbe fact that
it was translated into German at a very early date. 4 In the De fide
'catholica Isidore collects ali the passages from the Old Testament which
can be adduced in favor of the messianity of Jesus. The first book in
sixty-two chapters treats of Christ from bis birth to the resurrection.
The second book, De gentium vocatione, discusses the two peoples, the
unbelieving Jews and the pagans who were made to believe. Isidore
attempts to show that the various Jewish observances, Sabbath, dietary
rules, and others, should not be kept. At the end is a recapitulation of
the work. His treatise is not vituperative, as are so many later contro-
versia} writings, but he proves that the Jews are condemned for their
fathers' sins to dispersion and oppression, until at the end of the world
their eyes will be opened and they will believe. 6 His object was to combat
the beliefs of the Jews-probably, in particular, those found in the
l\fishnah. Whether learned Spanish Jews took up the controversy and
replied to Isidore's arguments by counter treatises in Latin, as Graetz
believes, 6 is doubtful. In Spain, as everywhere else during that period,
the Christian dogmas of the Trinity, the Incarnation, and the Resurrec-
tion seemed to the Jews to be in such direct contradiction to both the
letter and the spirit of the Old Testament that they deemed it super-
fluous to refute them.
1 Solomon ibn Verga, Shebef Yehudah, c. 9 (transl. Wiener, pp. 56-59).
2 PL., LXXXm, 449-588; cf. Loeb, La controoerae, p. 821; A. Posnanski, Schiloh, ein Beitrag zur
Ge8Chichle der Muaulehre (Leipzig, 1904), pp. 802-SOS.
Nineteen manuscripts (for the most part from the ninth century) are enumerated by C. H.
Beeson, lsidor-Studien, Qudlen und Untersuchunge11 zur lateiniachen Philologie de8 Mittelaltera
(l\funich, 1918), 1v, 2, SS--42.
4 K. Weinhold, Die altdeutschen Bruchatcke dea Tracfal8 de8 Bchof laidorua ron Swilla de fide
catholica (Paderbom, 1874).

6 lsidore, Dejide catholica, 1, 28 (PL., LXXXIII, 481); 11, 5, 9 (PL., LXXXIII, 510).
1 Graetz, v, 77-78.
Ildephonsus of Toledo (607-667) 1 wrote a work, De virginitate perpetua

S. Mariae adversus tres infideles. 2 The fi.rst two chapters are a defense of
the virginity of Mary against the accusations of Jovinian and Helvidius,
two Christians. Ildephonsus probably borrowed the names Jovinian
and Helvidius from Jerome. 1 He chose these names as typical of his
Spanish contemporaries who took up anew the objections made two
centuries earlier against the virginity of Mary in partu and by Helvidius
against the virginity post partu. Ildephonsus refutes them less by
theological arguments, as did Jerome, than by a constant repetition of his
orthodox beliefs. The third chapter, which is the longest, is against a
Jew, who is not named, but is mentioned as 'Judaeus.' Ildephonsus took
issue particularly with the chiliastic belief of the Jews, that the Messiah
would appear fi.rst in the sixth millennium, and that the seventh would
be the Messiah-time or All-Sabbath.'
In 686 Julian of Toledo wrote a treatise, De comprobatione aetatis sextae
contra Judaeos, 6 at the request of King Erwig and dedicated it to him.
The work deals mainly with the messianic prophecies of the Bible, and is
intended to combat Judaism and to convert the Jews. Julian admits in
his dedication that 'if the Jew be not improved by the book, at least the
Christian may derive sorne benefit from it.'7 He proves that Jesus was
actually born in the sixth age, in which the Messiah was to come, 'but,
he adds, 'this time should not be reckoned according to the Hebrew
original, which has been falsifi.ed by the Jews, but according to the
Septuagint, which is more trustworthy.' 1
In the first book Julian brings forward ali the passages from the Old
Testament regarding the Messiah. In the second book he attempts to
prove from the New Testament that Christ is the true Messiah. The
third book proves by chronological considerations that Christ appeared
in the sixth millennium.
The Jewish views about the seventh millennium or Messiah-time
developed by J ulian in the fi.rst book come not from the Psalms, as he
says, but from Talmudic-Haggadic sources. $ According to these sources,
the Messiah would first appear in the sixth millennium of the world,
1 M. Manitius, Ge1chichle der latnnchen Literatur du Mittelallera (Munich, 1911), I, 284.
1 PL . XCVI, 58-110.
1 Jerome, De perpetua l!irginitate B. Mariae adoeraua Helrlidium (PL., xxn1, lSS-200), and Ad!7er11U
Jooi11ianum (PL., XXIII, 211-SSS).
T. B. Sanhedrin, 97; el. J. S. Bloch, Di4 Judm in Spani4n (Leip:i:ig, 1875), p. 11.
1 PL . XCVI, 587-586.
1 Julian, De romprobatione, prologue (PL., XCVI, 587).
7 lb!., I, i (PL., XCVI, 541).
1 lb!., m, 1 (PL., XCVI, 569); m, IS (PL., XCVI, 575).
'T. B. Sanhedrin, 97-98; Seder Eli11ahu Rabbali, c. i. Cf. Graets, v, 147, n. S.
inasmuch as the six millennia correspond to the six days of creation and
the seventh millennium, the age of the Messiah or All-Sabbath, corre-
sponds to the Sabbath. According to the Jewish reckoning, hardly
five millennia had transpired from the creation of the world to the appear-
ance of Jesus.
It is interesting to note that both Ildephonsus and Julian are unaware
that this chiliastic doctrine of the sixth millennium was accepted by
Christians in apostolic and post-apostolic times. 1
In addition to this work, Julian wrote a Liber responsionum in defen-
aionem canonum et legum, quibWJ proliibentur christiana mancipia dominis
infidelibus deservire, 2 referring obviously to the Jews. This book is no
longer extant, although it seems to have been in the library at Cluny in
the twelfth century. 1
There are no traces of the anti-Christian writings in Latn which
learned Jews in Visigothic Spain are supposed to have written against the
messianity of Jesus on the basis of Haggadic sources. 4
2. GAUL
In Gaul the first of the anti-Jewish works of which we know is a sermon

by Caesarius of Arles on the Church and the Synagogue. It is still
unedited, but from other writings of the same kind 8 we may assume that
it was an elaborate vindication of Christianity to the disparagement of
Judaism.
Gregory of Tours recounts a controversy which he held at the villa of
Nogent with the Jew Priscus in the presence of King Chilperic in 581. 7
Gregory entered the debate to help the king. The Jew, who had boldly
assailed the Gospel narratives of the Incamation, the Virgin Birth,
and the Passion, was overwhelmed by a great number of texts from the
Old Testament which were supposed to foreshadow these events. Priscus,
however, remained obdurate, even though Gregory reinforced the king's
arguments.
1 Cf. Pseudo-Barnabas, Ep. 15 (ed. and transl. K. Lake, The Apo6tolic Fa!her (London, 1912),
I,S94).
1 Felix, Vita Juliani, c. 7 (PL., xcv1, -HS). Cf. A. Helffericb, Du wutgotcher Arianinnw und ditJ
panche Keturguchichtt ('Aerlin, 1860), p. 77.
Manitius, op. cii., J, 280.
' Posnanski, op. cii., p. SOS.
1 It is mentioned by G. Morin, 'Le symbole d'Atbanase et son premier tkmoin: S. Csaire d'Arles,'
lkcue mnUictirni, XVIII (1901), 858. Dom Morin will doubtJess include it in his forthcoming edition
of the works of Caesarius.
1 E.g., De allncation1 Eixlesiae et Synagogae dialogiu (PL . XLII, 1131-1140). cr. E. LeBlant,
La contrcn111ue de Chr~tn1 el du Juif1 auz premier mclu de l'Egliae (Paris, 1898), pp. 2-5.
7 Gregory of Tours, H.F., VI. 5 (MGH., Script. MerOJJ., 1, 247-249). See LeBlant, op. cii., pp. 5-9,
for a discussion of the pointa of controversy.
Sometime between 750 and 760, while on a visit to Italy, Alcuin heard
a religious disputation at Pavia between Julius, 1 a Jew, and a Christian
grammarian, Peter of Pisa. In a letter which Alcuin wrote sorne years
later to Charlemagne2 he mentioned the disputation and reported that
at the time it was believed that the discussion would be preserved in the
forro of a book.
Between 822 and 840 Agobard, the archbishop of Lyons, wrote a
number of anti-Jewish epistles. 3 These are:
l. Ad proceres palatii 1 (vulgo: Consultatio et supplicatio de baptisnw
iudaeorum mancipiorum), on the baptism of slaves owned by Jews.'
It was written about 822. Agobard seems to have sent together
with this letter a short rsum, paroum breviculum, no longer extant,
of the misunderstandings and quarrels to which this question had
. .
g1ven r1se:
De quibus lesionibus et discordiis, quia in bis litterulis scribere indignum
duxi, parvum breviculum pietati vestrae direxi, per quem cognoscere
valeatis quae sint.5
2. Ad proceres palatii n (vulgo: Contra praeceptum impium de baptismo
iudaeorum mancipiorum), on the same subject. 6 It was written
about 826.
3. The letter De insolentia 1udaeorum is a piece justijicatif to the king
on the subject of Agobard's quarrel with the Jews and their defend-
ers. 7 It was written in 826 or 827.
4. The De iudaicis superstitionibus is a petition of the bishops Agobard,
Faova, and Bernard to the king against the superstitions of the
Jews. 8 It was written at the same time as the preceding letter and
joined to it.
5. The epistle Ad Nibridium (vulgo: De cavendo convictu et societate
iudaica) is addressed to Nibridius, the bishop of Narbonne, recom-
1 'LullWI' is the variant reading for 'Julius.'
2 Alcuin, Ep., 172 (MGH., Ep., 1v, 285; Ep., 112, JatT, Bibliotheca rerum germanicarum, Jfonume11ta
Alcuina (Berln, 1878), VI, 458).
1 There is a copious literaturc on Agobard and bis relations with the Jews: R. Enge, De Agobardi
archiepiacopi Lugdunen.ri.J cum Judaeia contentio11e (Freiburg, 1888); K. Eichner, 'Agobard, Erz-
bischof von Lyon,' ZWTh., XLI (1898), 544-552; F. Wiegand, 'Agobard von Lyon und die Juden-
frage,' Femchrift Luitpold ron Bayern (Erlangen, 1901), I, 221-250; Th. Reinach, 'Agobard et les
Juifs,' REJ., L (1905), LXXXI-cxi; chronology of Agobard's writings in B. Simson, Jahrbcher du
frU.n/.:iacl1en Reicha unter Ludwig dem Frommen (Leipzig, 1874), 1, 89S-896.
'Agobard, Ep. 4 (!fGH., Ep., V, 16-1-166; PL., CIY, 99-106).
li /bid., Ep . 4 (MGII., Ep., v, 165-166; PL . CIV, 106).
1 /bid., Ep . 6 (MGII . Ep., V, 179-182; PL., CIV, 17S-178).
7 /bid., Ep., 7 (MGII . Ep . v. 182-185; PL., CIV, 69-76) .
Ilrid . Ep. 8 (MGTI . Ep. v. 185-199; PL., CIV, 77-100).

A nti-Jewish Powmics 39
mending that he sever the social relations of bis people with the
Jews. 1 lt was written between 826 and 828.
Hefele2 believes that at least a part of Agobard's writings against the
Jews are connected with the Council of Lyons in 829, the acts of which
are no longer extant. lt would be difficult to prove such a hypothesis,
since we do not know if the council passed any canons against the Jews.
This is at least likely, however, inasmuch as it was held under the presi-
dency ofAgobard. But he was a ble to find ample material for his writings
in his daily contacts with the Jews of Lyons. This was more than the
conventional controversy between Christian and Jew; it was a real and
practica! question to Agobard.
Agobard, as he himself says, took the offensive in the dispute with
the Jews. His first act was to preach a series of sermons in which he
demanded that the faithful break off, or, at least reduce to an absolute
mnimum, their business and social relations with the Jews. These
sermons are not preserved, but Agobard has given us the substance in a
letter to the king. 3
In the De iudaicis superstitionibus Agobard endeavors to show from
various Biblical passages that the society of Jews should be avoided even
' more than association with pagans, since Jews are the opponents of
Christianity. He recounts the judgments passed by the Church Fathers
upon the Jews, the restrictive measures taken against them by different
councils, their superstitions, and their persistent refusal to believe in
Christ. He refers to the 'superstitious ideas and beliefs of the Jews,'
citing tracts which recall the Shi'ur Komah, the Sefer Yezirah, the Talmud,
and various :Midrashim of late date.' t---1n thcir books, according to
Agobard, the Jews recount the history of Jesus and Peter. 6 They pretend
that the Christians adore idols, and that the powers obtained by the
intercession of the saints are in reality secured through Satan. 6
Amulo (ob. 852), Agobard's disciple and successor in the diocese of
Lyons, learned from him to make the Jews the object of bis attention.
With the assistance of the bishop of Rheims and the archbishop of Sens,
he tried at the Council of Meaux (846) to revive the old canonical restric-
1Agobard, Ep., 9 (MGH., Ep., v, 199-201; PL., c1v, 107-114).
2C. J. Helele, Concilienguchichle (2d ed., Freiburg i/B., 1879), IV, 70.
3 Agobard, Ep. 7 de iruolentia Iudaeorum, c. 8--4 (MGH., Ep., v, 183-184; PL., cIV, 72-74).
'Agobard, Ep. 8 de iudaicia auperatitionibua, c. 9-11 (JIGH., Ep., v, 188-191; PL., crv, 85-88).
Hai ben Sherira, Gaon of Pumbcdita (989-1038), reports that the Jews o Gaul possessed mystical
works dating lrorn Natronai II ben Hillel (early ninth century). See Ta'am Zekenim (Frankfurt
a/i\1., 185-1), pp. 5Sa-56a.
' Agobard seems to refer to a certain work entitled Toledoth Yuhu, giving an alleged Jewish account
of the lile of Jesus. See infra, p. 66.
8 Agobard, loe. cil.
tions upon Jewish activities. Unsuccessful in this attempt, he wrote a

letter to the ecclesiastical authorities in which he formulated a strict
policy for keeping the Jews in control. He laid much emphasis upon
the conversion to Judaism of the court chaplain Bodo. By this letter
he turned the eyes of the Church upon the far-reaching influence exerted
by the Jewish community, which did not even hesitate to accept converts
from Christianity into its midst. 1
In this letter Amulo denounced the superstitions of the Jews. He
called attention to the expressions used by them to designate the Apostles
and the Gospels, and exposed the fictitious character of their arguments
in defense of their messianic hopes. He reproached them their blindness
in believing that two Messiahs would appear,2 and he disproved these
beliefs.1
Hrabanus Maurus (ob. 856) wrote a Tractatus de variis quaestwnibua
Veteris et N<YOi Testamenti adveraus Judaeos, in which he adduced various
arguments from the Old and New Testaments to confute the Jews. 4
Hrabanus, if indeed he is the author, depends largely upon earlier writers,
mainly Jerome and Augustine.
In 840 there took place a controversy by correspondence between
Bodo, a convert to Judaism, and Paulus Albarus, a baptized Jew and
bishop of Cordova. 6 Each convert tried in vain to lead the other back to
bis old faith. The letters of Bodo, except for a few scattered sentences,
were destroyed by sorne Spanish hand. It is only through the letters of
Albarus that we are able to leam Bodo's arguments.
Albarus begins the controversy in friendly fashion by calling attention
to a chronological difficulty in the Old Testament. He asks Bodo, or
Eleazar as he was now called, for an explanation of the controversia!
passage, Genesis, XLIX, 10.7 Albarus ends with the words:
1 wish you always to live happily, honored and beloved brother by nature,
although not by religion (natura non fide Jrater).
1 Amulo. EMtola ieu liber contra Jvdaew (PL., CXYI, Hl-184.). The letter wu formerly ascribed
to Hrabanus Maurus, an error repeated by L. l. Newman, Jewi1h lnjluence on Chrillian &forni
MooemellU (New York, 1925), pp. 4.00--401. See Himrire liUhair11 de la Franc11 (Paria, 174.0), v,
109-110. P. Brard, St. Augwtine tJt /u Juif1 (Besan~n. 1918), pp. 79-81, attempts to show the
infiuence o Augustine on Agobard and Amulo in the various points or controversy.
1 T. B. Sukkah, 528: T. J. Berakot, 11, 4, l5a: T. B. Sankedrin, 98a. These views aecord with those
oC the Sefer Zerubbabtl and the Ma'a1eh ot Rabbi Joshua ben Levi; cf. Posnanski, Sehiloh, pp. Sli-SlS.
1 Amulo, Ep. contra Jud.<uol, c. 22 (PL., CXVI, 155).
'Mart~ne and Durand, TJ&uaunu nomi antcdorum (Paris, 1717), v, 4.08--594.

1 Paulus Albarus, Ep., 1+-20 (Florez. XI, 171-219; PL., CXXI, 478-514.). Cf. M. Kayserling.
'Eleasar und Alvaro,' MGWJ., a (1860), 241-251.
1 Ep., 15 and 19 are fragments of letters written by Bodo to Albarus.
7 For a discussion o this point in mediaeval ei:egesis see Posnanski, Schiloh, pailim.
1 Albarus, Ep., XIV, 7 (Florez, XI, 177; PL., oca, 4.SS).
Anti-Jewiah Po/,emica 41
Eleazar answers:
You ask me, good man, how my brethren of the synagogue and 1 interpret this
verse, which is as clear and as obvious as the day to us. H you were now among
us, 1 would ask you . . .1
The rest is lost, but Eleazar must have changed his tone in the remainder
of the letter. In the opening of the next letter Albarus pays him the
doubtful compliment that he, the writer of the synagogue, at whose
suddenly acquired knowledge of Hebrew he wonders, has written an
inconsequential work.
Miror tamen te prudentem virum, et ut stylus adprobat eruditionum liberalium
adprime imbutum . . . miror tuae eruditionis in hebraea lingua tam velox
) .
( sic perilla . . .t
Eleazar seems to have accused Albarus of changing his religion because
of his desire for riches.
The third letter is much more violent in tone. Albarus rebukes
Eleazar in no uncertain terms, blames Eleazar's second wife for the
conversion, and indulges in strong language. s In reply to this Eleazar
calls Albarus a 'wretched compiler,'4 a reproach both men use. So the
controversy ends, with neither one successful in his plan to recall the
other to bis old faith.
'Albarus, Ep., xv (Florez, xi, 177-178: PL., CXXI, 488).
Jbid., Ep., xn, 1 (Florez, Xl, 178-179; PL., cXXI, 488-484).
]bid., Ep., xvm, 16 (Florez, XI, 206-207; PL., CXXJ, 1504-606).
'lbid., Ep., XIX (Florez, XI, 217-218; PL., cxxi. 512-513).
CHAPTER IV
JEWISH PROSELYTISM
1. PROSELYTISM
I N adopts
a limited sense, the word designates an individual who
proselyte1
the fundamental idea of Judaism, the belief in only one God.
Such a person accepts the ceremonies of the Jewish religion and becomes
a Jew by the act of circumcision and by a baptismal bath, which is not
merely a lustral bath, but a ceremony.
When Christianity carne into power, proselytism was made a crime
and those who adopted the Jewish religion were punished. The law
attempted to punish the entry into the sect,2 the adoption of the Jewish
dogma, 3 circumcision, 4 membership in the Jewish community, 5 and,
finally, the act of becoming a Jew and of being called a Jew. 8
The penalty for the proselyte was at first not fixed by the law. 7 To
arbitrary punishment was later added confi.scation of property 8 and,
ultimately, intestability. 9 The law was always more severe for the one
who made converts to Judaism than for the proselyte. For the missionary
as well as for the proselyte the penalty was arbitrary .10 Later it became
even more severe. The missionary suffered intestability, a penalty
extra ordinem, 11 and the punishment for treason. 12 In addition, the
1 In Hebrew 'i.:I, ger; Mii1J, giyyora, the corresponding word in Aramaic, passed into the Greek,
yrwpixc;, ytwpac;, r11wpixc;, which are employed in the Septuagint Cor Exodus, xn, 19, and Isaiah, x1v,
l. In Latin we have the word adcena, used, for example, by the Fourth Council of Orleans, c. SI
(MGH., Conc., I, 94; Mansi, IX, 118); cf. DuCange, Gloa11arium, u., prwelyti.
2 C. Th., XVI, 8, 1 (815): 'Si quis vero ex populo ad eorum nefariam sectam acces.serit.' C. Th., xn,
8, 7 (857}: 'Si quis lege venerabili constituta ex Christiano Iudacus effectus.' Cf. C.Th., xn, 7, 8
(882); XVI, 8, 19 {409); NOfJ. Th . III, 4 (488).
1 C.Th., xv1, 7, 8: 'error'; XVI, 8, 19: 'perversitas iudaica'; NOI!. Th., m, 5: 'penersa doctrina.'
'See infra, pp. 46 ff.
C.Th . XVI, 8, l; XVI, 8, 7.
1 lbid., xv1, 8, 19 {409): 'taetrum Iudaeorum nomen induere:
7 /bid., X\'I, 8, 1 (815): 'poenas meritas.'
1 /bid., XVI, 8, 7 (857}: 'facultates eius dominio fisci iussimus vindicari.'
0 lbl., xn, 7, 8 {888): 'negata testandi licentia.' To avoid an awkward circumlocution, 1 ha ve
ventured to translate the Latn by the obsolescent word 'intestability.' E. Poste, Gai ln11titutionu
(4th ed., London, 1904, reimpression 1925), p. 188, refers to 'testamentary incapacity,' which seems
somewhat lesa felicitous.
IO c. Th . X\"I, 8, l.
11 IIYid., XVI, 7, s.
12 /bid., XVI, 8, 19 (409). See Th. Mommsen, Romiachu Strafrecht (Leipzig, 1899), pp. 578-574, for
a discu.ssion of the penalties for Jewisb proselytism in the Roman Empire.
42
J ewish Proselytism 43
capital penalty ex lege was decreed for the Jew who converted a slave or
feeble-minded person. 1 These laws applied only if the parties concerned
were Christian; pagans were not included. Justinian adopted this legis-
lation in its final form. 2
a) Spain
In his Breviarium Alaric took over in part the Roman laws concerning
proselytism. The proselyte was punished by intestability. If during
his lifetime his conversion to Judaism had been unknown, his testament
was nevertheless declared void on this condition. The denunciation had
to be made five years from the day of his death by his legitimate heirs
who had been ignorant of his conversion. 3 The Jew who converted to
Judaism either a free man or a slave was punished by death and the
confiscation of his property.4
From Chindaswinth's time the proselyte, if he was a free man and a
Christian, incurred the death penalty. lf he had no Christian heirs,
his property was confiscated. Where there were orthodox Christian
heirs, they inherited his property. 5 Receswinth confirmed this law.
Erwig maintained the prohibition against proselytism, but changed the
punishment. He decreed the loss of the virile _!!!_~ll!~er in the case of a
male, the loss of the nose for a female. Wiletlle-proselyte was the slave
of a Jewish master, he became free and had to return to the Christian
faith. 6
Receswinth reproduced the law of Sisebut which punished by death
the Jew who made a convert.7 Erwig made the punishment less severe, 8
but he penalized even the potential missionary. He decreed the con-
fiscation of goods and exile against those who in public or in private
attacked Christianity and defended the Jewish religion. To these
penalties he added the amputation of the virile member of the successful
male missionary, the amputation of the nose of the female missionary. ~
It should be noted that the Breviarium Alaricianum does not refer
to the act of proselytism as a crimen laesae maiestatis. In this respect it
1 Noo. Th., m, 4 and 5.
1 C. J., I, 7, 1, 2, 5; I, 9, 12.
a Brtfl., XVI, 2, l; C.Th., XVI, 7, S.
4 Noo. Th., m. There is no contradiction between the two texts cited. Alaric reproduced only
the first two sentences of C. Th., xv1, 7, S. That C. Th. does not fue the death penalty does not, then,
matter. Since Not!. Th., mis provided with the interpreuuio which is lacking for C. Th., xv1, 7, S,
one law supplements the other.
L. Ving., xn, 2, 16.
1 S Toledo, c. H (Gonzalez, 552; Mansi, IX, 996).
7 L. V.rig., XII, 2, 14.
1 Jfrid., XII, S, 4.
t [bid., XII, S, 9.
44 The Jewa in the KingdO'TTU1 of Spain and Gaul
deviates from the Roman law. 1 Although the argumentum e silentio

affords no certain proof, it is more likely that proselytism was considered
as lese religion. 1 During the Arian period there was no marked effort to
attain an ideal of religious unity. But when the kings of Visigothic
Spain, inspired by the bishops, attempted to unite ali their subjects in
the Catholic faith, the act of gaining proselytes to Judaism was doubtless
considered a crimen laesae mai.estati.s. Especially must this have been
true when ali the Jews were ordered to become converts to Christianity.
Any attempt to gain proselytes to a religion which had been banned by
the Visigothic kings would necessarily be a crime of lese majest. It is
open to doubt, however, whether the later Visigothic kings ever made
the distinction juristically between crimen laesae religioni.s and crimen
laesae mai.estati.s.
b) Gaul
The Fourth Council of Orleans (541) decreed that whenever a Jew
made a proselyte (advena), or reconverted to his religion a Jew who had
been baptized, or converted to Judaism anyone bom of Christian parents,
he should be punished by the loss of ali his slaves. If anyone born of
Christian parents had become a Jew and obtained his freedom on condi-
tion of remaining such, the condition must be considered void, for it is
unjust, the council held, that one living as a Jew should enjoy the freedom
attaching to Christian birth. 3
The Council of MA.con (581) ordered that if a Jew had converted a
slave to Judaism, he should lose the slave and the right to make a will.4
Similarly, the Council of Clichy, which met in 626 or 6!l7, decreed that
if Jews attempted to convert their Christian slaves to Judaism or to
punish them severely, the slaves should become the property of the.fiscus.
A similar enactment was passed by the Council of Rheims, which was
held between 6!l7 and 630.8
The sources relate several specific cases of the conversion of Christians
to Judaism. When, in 508, the Goths had driven off the Frankish and
Burgundian invaders of Arles and had made many prisoners, Caesarius,
the bishop of Arles, offered church property and vessels to free the
prisoners, that none of them might become Arians or Jews through
neglect. 7
1 C. Th., xv1, 8, 19; mpra, p. 4i, o. 12.
s F. S. Lear, 'Crimm Lauru Maitlltalil in the La &maria WiligotAoru.m,' SPUlum, 1v (19t9),
78-88, does not refer to the Jew1.
3 4 Orleans, c. SI (MGH., Conc., I, 94; Mansi, IX, 118).
4 Council of MAcon, c. I7 (MGH., Conc., 1, I59; Mansi, IX, 986).
1 Council of Clichy, c. IS (MGH., Conc., 1, I99).

1 Council of Rheim.s, c. 11 (MGH., Conc., I, 204; Mansi, x, 596).
7 Vita Cauarii, 1, 82 (MGH., Script. MerOfl., m, 469).
More pertinent to our discussion is the conversion of Bodo to Judaism.

Bodo, to whom we ha ve referred before, 1 was a young man of old Alaman-
nic stock, trained early by his parents for the priesthood. Well educated
in the theological discipline and also in secular learning, he soon became
a deacon and court chaplain to Louis the Pious, in whose favor he ranked
high. 2 Bodo left the royal court; whether to obtain new zeal for his
religion through externa} infiuences, whether he was wearied of the
dissolute life at court, as Albarus suggests, or whether he had already
conceived the plan of becoming a convert to Judaism, we do not know.
At any rate, he asked Louis the Pious for permission to make a pilgrimage
to Rome, where he might in true Christian fashion pray at the tombs of
the martyrs. The emperor granted his request, giving him a suitable
escort and rich gifts.' Bodo began the journey, but permitted himself
to be persuaded by the enemies of mankind, according to the chronicles.
In company with sorne Jews he perfected the plan of renouncing Chris-
tianity and of becoming a convert to Judaism. 6 Before he took this step,
he sold to pagans the Christian slaves who had accompanied him on the
journey. He compelled his nephew to become a Jew. The gifts of the
emperor he did not deliver to the churches for which they were marked. 8
He was circumcised, let his hair and beard grow, took the name Eleazar, 7
and married a Jewess. 8 Bodo, or Eleazar as he was now called, abhorred
life in a Christian state. In August 839, with sorne other Jews he left
Rome for Saragossa, where he entered military service. 9 The impression
1 Supra, pp. 'l:'I and 40--41.
1 Annak1 Bertiniani, Prudentii Trecenli1 annalu, an. 889 (MGH., SS., I, 488); Albarus, Ep., XVI, 1
(Florez, XI, 179; PL., CXXl, 484); Amulo, Ep. contra Judaeo1, c. 42 (PL., CXVI, 171). Cf. the grossly
adulatory poem of Walafrid Strabo written to Bodo before bis conversion, Carmina, S4 (!fGH.,
Poet., II, 886).
1 Albaru.s, Ep., XVI, 2 (Florez, XI, 179; PL., CXXI, 484}.
'Annale1 Berliniani, loe. cit.
1 Amulo, Ep. contra Judo.401, c. 42 (PL., CXVI, 171), says tbat Bodo went to Rome and from there
to Spain without stopping in Gaul. M. Kayserling, 'Eleasar und Alvaro,' MGWJ., IX (1860), 244,
says tbat Bodo did not journey to Rome, but became a Jew in soutbern France. There is no basis in
the sources for this statement. The meeting with Jews, the perlection o( bis plan to become a Jew,
and the sale of tbe slavea happened, according to the Annalu Bertiniani, at the end of the journey.
that is, alter bis arrival in Rome.
1 Albarus, Ep., XVIII, 11 (Florez, XI, 201; P L., CXXJ, 500), calls him not only 'profanator iuris divini'
and 'sacrar violator,' but also 'vasorum Dominii latro'.
7 Amulo, Ep. comra Judaeoa, c. 42 (PL., CXVI, 171): 'nomen sibi mutare, ut qui antea Bodo nunc
Eliezer appelletur.' By others, especially Albarus, he was called 'Eliaser.'
Albarus, Ep., xvm, 16 (Florez, XI, 207; PL., CXXI, 504),accu.ses Bodo of becoming a Jew in order
to marry the Jewess. But the motive which Albarus assigns must be accepted cum grano ralu, since
Albana by this time indulged in violent language against Bodo.
The various chronicles (MGH., SS., 1, 49, 65, 68; m, 189; v, 108, 420, liO; xm, 64), with the
exception of the Annale1 Bertiniani (MGH., SS., 1, 488), give the date of bis conversion as 888. The
Annalea Bertiniani has 889. The difference may be explained by the fact that he received pennission
to make the pilgrimage in 888, but set out in 889. For the relationship and inter~ependence o( these
chronicles see L. Halphen, 2tudea critiquu aur l'hiatoire d~ Charlemagne (Paris, 1921), pp. 8-59.
46 The Jews in tlze Kingdoms of Spain and Gaul
made by this act was tremendous, and even the emperor refused to
believe the doleful tidings. 1
In 840, as we have seen, Bodo or Eleazar corresponded with the bap-
tized Jew Paulus Albarus of Cordova. Each convert tried in vain to
lead the other to his former faith. Like most neophytes, Eleazar con-
ceived a violent hatred for his former coreligionists. He displayed great
zeal in his eagerness to stimulate conversions to Judaism. He is said to
have incited the Moorish government against the Spanish Christians,
who asked aid of the Franks, lest they should be forced to accept either
Islam or Judaism. 2 Abd-er-Rahman II persecuted the Spanish Christians
with unprecedented violence. An army was sent by Louis the Pious to
the Spanish March, but the death of Louis robbed the Christians in
Spain of their hopes. In the year 847 they sent a plaintive appeal to
King Charles and to all the Gallic bishops to relieve them of the con-
sequences of Eleazar's conversion to Judaism. 3
For our study two facts are significant: first, that a nobleman of the
ninth century was so affected by what he conceived to be the superiority
of Judaism that he adopted it in the face of his former coreligionists'
extreme opposition; secondly, that the discussion in Christian circles over
Bodo's apostasy awakened both laymen and clergy to the presence of a
militant Jewish element in their midst. Thus, Amulo complains that
Jewish tax-gatherers oppress poor Christians, in order that they might
deny Christ. 4
An echo of Bodo's conversion is found in a story told by Florence of
Wevelinghofen. In 839 the learned chancellor William became a Jew
and influenced many others to become converts to Judaism. A dispute
about the Trinity was then by a miracle decided against him and he
became a Christian again. s
2. CrncUMcrsmN
Circumcision, the characteristic sign of the Jews, 6 was first formally
prohibited by Hadrian, who provided for its punishment by the lex
Cornelia de sicarii-s et veneficis, which prohibited castration. This measure
stirred the Jews to a revolt, 7 which lasted until Antoninus Pius permittd
1 Annale1 Bertiniani, loe. cit.
1 Annalel Bertiniani, an. 847 (MGH., SS., 1, 442).
3 Idem.
4 Amulo, Ep. contra Judaeoa, c. 42 (PL., cxv1, 171). 1 am indebted to Newman. op. cit., p. 401,
for this interpretation of the effecta of Bodo's conversion.
Chronica epilcoporum Moncuteriemium in J. Ficker, Die Guchichlaquellen du Bilthum1 Mnater
(MUnster, 1851), 1, 7.
-/e Genesis, XVII, 10--14.
7 Historia AUQUlla, Vita Hadriani, XIV, 2: 'Moverunt ea tempestate et ludaei bellum, quod veta-
bantur mutilare genitalia.'
tbem to practice circumcision on tbose of tbeir own faitb. 1 This was tbe
only modification which Antoninus made to the law of Hadrian. Aside
from this case, the penalties which attached to the crime of castration
were applied against non-Jews who permitted themselves to be circum-
cised and against Jews wbo circumcised non-Jews. Later emperors main-
tained tbe rule of Hadrian, togetber with the exception made by
Antoninus.
Whoever, whetber Jew or non-Jew, circumcised a non-Jewisb free
man or slave, witb or witbout bis consent, was, according to his social
status, to be put to death or deported and bis possessions confiscated. 2
The physician who performed the operation was to be put to death. 3
The master who permitted the circumcision of bis slaves was to be
punished by perpetua} exile} 'Vhoever ordered anotber man to perform
the act of circumcision was to be punished like the active agent.5
A free non-Jew who permitted himself to be circumcised was punished
at first by banisbment and confiscation of property;6 later by the death
penalty. 7 Since they were considered unable to exercise their own will,
slaves werc not punished. On the contrary, in recompense for the mutila-
tion which they had suffered, the law granted them freedom. 8
a) Spain
Under the Arian Visigoths in Spain circumcision was permitted the
Jews. Recared permitted them to continue this practice. When the
Jews returned from the exile imposed upon them by those kings who
attempted to force them to baptism, they practiced the rite of circum-
cision. Receswinth, however, prohibited it under penalty of death by
stoning or burning. 9
During tbe Arian period non-Jewish free men who were circumcised
were punished by exile and confiscation of property . 10 In the Catholic
period, under Chindaswinth and bis successors, tbey were sentenced to
death. 11 Erwig punished such a case by the confiscation of property and
tbe amputation of tbe virile member. 12
..;:------- -
1 D., XLVIII, 8, 11 pr.
1 c. Th., XVI, 9, 2 (SS9); c. J., I, 10, l.
1 Paul, Senlentiae, v, 22, 8.
4 lchm.
'c. Th., XVI, 8, 26 (4~); c. J., I, 9, 16.
Paul, Sententia,, v, H, s.
7 Juster, Emp., 1, 267, n. 2, on the basis of Origen, Contra Celaum, n , 18.
8 C. Th., XVI, 9, 1 (885); C. Sinn., IV.

1 L. Viaig . XII, 2, 7.
1 Paul, Sententiae, ' " 22, S and 4.
11 L. VUig., XII, 2, 16.

11 /bid., XII, 8, 4.
48 The Jewa in the Kingdoma of Spain and Gaul
The Arlan Visigoths followed the practice of the Roman Empire which
considered the slave as having undergone circumcision against his will.
He was, therefore, accorded freedom. 1 The same practice was continued
by the Catholic Visigoths. Receswinth, however, considered the Jewish
slave, who permitted himself to be circumcised, as having granted his
consent and hence liable to the death penalty .1
According to the Breviarium Alaricianum, he who circumcises a non-
Jew, whether a free man ora slave, consenting or not, is, according to his
social status, put to death or exiled. The doctor is always sentenced
to death. Even the moral author of the act as, for example, the master
who permits bis slaves to be circumcised, is exiled for life. 3 This law was
probably also applied during the Catholic period; Sisebut applied the
death penalty in all cases. 4 In reproducing this law Receswinth kept
the same penalty. Erwig made the punishment less severe. He provided
for the confiscation of property, but replaced the death sentence by a
mutilation. The Jew who circumcised a non-Jew-and the baptized
Jews were also considered non-Jews-suffered the loss of his virile mem-
ber. If a Jewess performed the operation or permitted her children to be
circumcised, she suffered the loss of her nose.
Recared was less severe than the Breviarium in bis treatment of the
Jew who circumcised a Christian slave. He provided for the confiscation
of the Jew's property and the emancipation of the slave. 7 Sisebut,
however, punished the Jew by death. 8 Receswinth reproduced both
laws, 9 contradictory as they were, but he probably applied the more severe
penalty. Erwig's law regarding the Jew who circumcised a free man was
applicable also to one who circumcised a slave.
b) Gaul
There are no specific references to circumcision in the acts of the Church
Councils of Gaul or in the Carolingian capitularies. Provision was made,
as we have seen, for the punishment of Jews who converted Christians
to Judaism, an act necessarily including circumcision. Thus, the Fourth
1 BrerJ., XVI, t, 1; C. Tk., XVI, 9, l. The BrerJ. al.so reproduces C. TI&., w, 1, , which permitted
Christians to purchase such slaves from the Jew. Alaric probably lollowed the more liberal of these
conflicting laws.
1 L . Vig., xn, 2, 7.
1 Paul, S4ntmlitui, v, 22, S and 4.
L. Viaig., xn, 2, 14.

1 Idnn .
L. Viaig., XII, s..
7 Ibid., XII, 2, 12; cf. 4 Toledo, c. 59 (Gonzalez, 888; Mansi, x, 688).
e L. Viaig., XII, 2, H.
8 lbid., XII, 2, 12 and H.
Council of Orleans decreed that whenever a Jew made a proselyte or

converted to Judaism anyone born of Christian parents, he should be
punished by the loss of ali bis slaves. In contrast to the Roman and the
Visigothic laws which granted freedom to the slave who had been circum-
cised, the same council decreed that if any one born of Christian parents
became a Jew, and obtained his freedom on condition of remaining one,
that condition must be considered void. It is unjust, the council held,
that one living as a Jew should enjoy the freedom attaching to Christian
birth. 1
The Council of MAcon (581) enacted that if a Jew converted a slave to
Judaism, he should lose the slave and the right to make a will. 2 This
edict was milder than the Roman law, which decreed the death penalty
and the confiscation of the property of the Jew.1
S. THE RETURN oF BAPTIZED JEws To JunAISM'
Even before Christianity became the state religion in the Roman

Empire, there were Jews who abandoned their religion and accepted
another.s If these converts wished to return to Judaism, the penalties
which were applied to proselytes to Judaism were not applied to them.
Severa} emperors expressly state that the laws against apostates must
not be applied to baptized Jews who wish to return to their old faith. 1
This was a certain measure of equity, for the laws encouraged the Jews to
baptism, not only by protecting them from the anger of their former
coreligionists, 7 but again in permitting them alone among Jews to hold
public office. 8 Justinian, who reproduced the law protecting the baptized
Jew from bis former coreligionists, says nothing about Jews who have
returned to their former faith.
14 Orleans, c. SI (MGH., Conc., I, 94; Mansi, 1x, 118).
2 Council o( MAcon, c. 16 (MGH., Conc., I, 159; Mansi, IX, 9S5); cf. Council o( Clichy, c. IS (MGH.,
Conc., 1, 199) and Council of Rheims, c. 11 (MGH., Conc., I, 204; Mansi, x, 596).
1 C. J., I, 7, 1, 2, 5; I, 9, 12.
From the point of view o( Christianity this wa.s 'apostasy,' but v.e avoid the use of this ambiguous
term, since the Jews used it to designate those who abandoned the Jewish religion; so, Severos, Ep. de
Judaeia (PL., xx, 740): 'Theodorus columna synagogae nostrae . . . apostatare compulsus
est.' The rabbinical terminology for Jewish apostates, e.g., ciiciirc, Meahummadim, is found in K.
Kohler, 'Apostasy and Apostates from Judaism,' JE., 11, 12-14.
'In the daily prayer of the Jews called the Eighteen Benediction.s, the twelfth formerly had the
words: 'For apostates (ciciirc~, Limuhummadim) no hope.'
1 c. Th., XYI, 8, 2S (416).
7 lbid., xn, 8, 1 (Sl5); XVI, 8, 5 (SS5); C. Sirm., IV. Cf. the <'Me o( the baptized Jew Amantius,
who had been imprisoned by the Jews because of bis refusal to abide by the Jewish laws, Venantius
Fortunatus, Vita S. Germani, c. 64 (MGH., AA., IV, 2, 24). cr. aLm the story of the sprinkling with
oil o( the new convert made by the bishop Avitus of Clennont, Gregory o( Tours, H. F., v, 11 (MGH.,
Script. Meroo., I, 199).
1 So, Cor example, Council of Pars (614), c. 17 (15) (MGH., Conc., I, 190; Mansi, x, M2-54S) .
c. J., I, 9, 8; c. Th., XVI, 8, l.

a) Spain
The Breviarium Alaricianum does not reproduce the disposition of the
Theodosian Code which permitted baptized Jews to return to Judaism
without incurring the penalty decreed against proselytes to Judaism. 1
This penalty is then applied by the Breviarium to baptized and relapsed
Jews.
The Catholic kings of Visigothic Spain maintained the same penalty.
When they forced the Jews to adopt Christianity, they also elaborated a
legislative system which was to prevent the relapse into Judaism. We
do not know what Sisebut's system was, but the Fourth Council of
Toledo (633) decreed that the Jew, once baptized, must be forced to
remain a Christian, even if, in the meantime, the law permitted him to
return to Judaism. In this way the Council hoped to regain for Chris-
tianity the Jews who had been baptized under Sisebut and permitted to
return to Judaism under Swinthila.2
Sisenand approved this measure, which was applied as follows: the
children of baptized Jews who had returned to Judaism were separated
from their parents and entrusted to pious Christians or placed in monas-
teries. 3 Those Jews who continued to judaize were punished according
to the laws, probably for apostasy, and their property was confiscated
or granted to the children who had been taken from them. 4 The
baptized Jew who had returned to Judaism and later come back to
Christianity was nevertheless deprived of certain rights, especially the
right to testify in court. 6 The same council took measures even against
baptized Jews who were proved good Christians. They were forbidden
to meet with non-baptized Jews, under penalty of one hundred blows of
the lash administered in public. 6
In the placitum made during Chintila's reign the Jews declared them-
selves responsible for all th.e members of their families. They swore that
they would guard against apostasy among themselves, and that they
1 c. Th., XVI, 8, 23.

2 .. Toledo, c. 57 and 59 (Gonzalez, SSS; Mansi, X, 688-684).
1 lbid., c. 59: 'Eos autem quos circumciderunt, si filii eorum sunt, a pan>ntum consortio separentur';
c. 60: 'Judaeorum filios ve) filias baptizatos (so severa) manuscripts; others om1t the word baptizatoa;
Gonzalez has the second reading; see Hefele-Leclercq, HiJtqfre des concilu [Paris. 1909), m, 1, 274,
n. 1) ne parentum ultro involvantur erroribus, ab eorum consortio separari decern1mus. . . . '
(Gonzalez, 88S-884; Mansi, x, 684). L. Lucas, Review of Caro, Sozial- und Wirtach.aftageachichie,
.MGWJ., Llll (1909), 110, believes tbnt the act included only baptized children of Jews, since the
Council of Meaux (846), c. 7S (MGH., Capit., 1, 419; Mansi, XIV, 889) reproduces tbis canon with
the word baptizatoa.
4 4 Toledo, c. 61 (Gonzalcz, S84; Mansi, x, 684).
'lbid., c. 64 (Gonznlez, 884; Mansi, x, 634).

84 Toledo, c. 62 (Gonzalez, S84; Mansi, x, 6M).
would themselves execute such apostates. They would denounce other

apostates to the competent authorities. 1
The Eighth Council of Toledo, held under Receswinth, confirmed the
dispositions of the Fourth Council. 2 In the placitum which the baptized
Jews signed after this council they renewed the pledge not to observe
any of the Jewish rites. They swore to guard against this and to execute
by burning or stoning anyone guilty of Jewish practices. Even if the
king should grant him pardon, he would become a slave, and the king
could give him to whomsoever he wished. 3
Under Chintila and Receswinth the Jews introduced the Jewish
penalties which had been hitherto ignored by the Visigothic laws. A
special enactment now sanctioned them,' and henceforth they were
employed against apostates to Judaism and against those guilty of
judaizing.$
According to a law of Erwig the baptized Jew who makes the pre-
scribed profession of faith, 6 and is then found guilty of any Jewish prac-
tice is to have his property confiscated for the benefit of the king, receive
a hundred blows of the lash, suffer decalvatio and exile. 7 These penalties
apply to the celebration by a baptized Jew of any of the Jewish festivals
or ceremonies. 8 Furthermore, Erwig punished by the same penaltit-s
both the relapsed Jew and the baptized Jew who did not reporta relapsed
Jew. 9 The Christian who failed to report such a case was fined. 10 The
king reserved for himself the right to pardon a first offense, but not a
second. 11
Egica began by permitting the Jews to practice their religion. He
granted special privileges, however, to baptized Jews, and was the more
severe in bis punishment of them when they returned to the Jewish
religion. Their property was confiscated, and they became slaves of the
fiscus. 12 '\\'hen ali the Jews of the Visigothic kingdom were reduced to
slavery because of their conspiracy, Egica instructed their masters to
guard against the practice of the Jewish cult by the new slaves. No
penalty, however, was fixed for the relapse into Judaism. 13
1Placitum (ed. Urefta y Smeojaud, La leglaci6n g6tico-hpana, p . 574).
t 8 Toledo, c. 10 (Goozalez, 487-488; Mao.si, x, lftl9-l!i!!i!O).
3 L. Viaig., XII, !i!, 17.
4 /bid., XII, !i!, ll.
1 /bid., XII, !i!, 4.

1 /bid., XII, 8, 14.
7 /bid., XJI, S, IS; XII, S, 9. For decalvalio see supra, p. 18, n. 4.

8 /bid., XII, S, 5; XII, S, 8; XII, 8, 9; XII, 8, 11; XII, S, 7; XII, 8, 6.
9 /bid., XII, 8, 9.
lO /bid., XII, S, 10.
11 /bid., XII, S, 27.
12 /bid., XJI, !i!, 18.

11 17 Toledo, c. 8 (Gonzalez, 596-597; Mansi, xn, IO!i!-105).
5~ The Jews in the Kingdoms of Spain and Gaul
b) Gaul
There were no decrees in Gaul analogous to the Visigothic laws against
the return of baptized Jews to Judaism. The Council of Agde in 506
endeavored to minimize any tendency to relapse by fixing a catechu-
menate of eight months. 1
lt is instructive to examine the legislation of the Church on the return
of baptized Jews to Judaism. Converted Jews who had been subjected
to genuine duress, 2 and who-persistently and completely disregarded the
enforced rite of baptism, were not to be considered as truly baptized.'
Baptism, it was held, was a voluntary act of faith; through kindness and
charity Jews were to be attracted to Christianity; through instruction
they were to be convinced of its truth. Despite these seemingly mild
injunctions, the Church was strict in applying them to specific cases.
Those who had been baptized because of threats, and had interposed no
real objections, were, by reason of the ineradicable nature of baptism,
not to be permitted to relapse in.to Judaism. 'Re-judaizers' were to be
treated as heretics and punished in accordance with the decisions and
laws applicable to heretics.' The Church incorporated these provisions
in.to its codes: 'Justas the Jews are not to be forced in.to the faith, so the
con.verted must not be allowed to withdraw from it.'6
4. DE!rn-PRoSELYTEB
A study of church history shows the frequent use of the term 'judaizing.'
The word first occurs in the Book of Esther, where the Hebrew phrase,
C,1iWic, mityahadim, 'man.y became Jews,' is used. 1 In Greek the
form is fouaa!~etv. It occurs in the Book of Galatians in the New Testa-
ment, where Paul says:
1 said unto Peter before them ali: lf thou being a Jew livest ater the manner of
the Gentiles, and not as do the Jews, why compellest thou the Gentiles to live
as Jews?7
The term 'judaizing' in its various grammatical forms is found repeatedly
1 C-Ounril or Agde, c. 84 (Gonwez, 287; Mansi, VIII, SSO): 'Judaei quorum perfidia frequenter ad
vomitum redit.'
2 Serti Decretalium, v, 2, IS (Friedberg, Corpru ium canonici, u, 1075): 'absolute aut pracise
coacti.'
1 Decr~. <kegorii IX, m, 42, S (Friedberg, op. cit., n, M4-646).
4 ldem.
1 Dret. Graiiani, t. 45, 5 (Friedberg, op. cit., t, 161). S. Grayzel, The Church and the Jew in the
Xlllth Century (Philadelphia. l9SS), pp. 102-lOS, gives the text o a letter writtcn in September, or
October, 1201, by Innocent III to the archbishop of Arles. The pope refers to the decree o the
Fourth Council of Toledo which ruled that, once baptiud, the Jew must remain baptized.
1 Esther, vm, 17.
7 Galatians, u, 14; cf. Josephua. Bell. Jud., n, 18, 2.
in the literature of the Church Fathers. lt denotes the policy of imitating

Jewish ideas, practices, and customs which many Christians professed.
In the decrees of the Church the term was used from the time of the
Council of Laodicea in the fourth century.
a) Celebration of the Sabbath
To avoid the Jewish influence, the laws forbade the attendance by
Christians at Jewish religious gatherings. The Jewish Sabbath had been
freely celebrated by non-Jews during the pagan period. 1 The Christian
Roman emperors interdicted this practice, although their laws are not
extant. But among the church councils which prohibited this celebration,
severa! have the force of law. The Church Fathers fought against this
observance, and wrote special tracts against it. 2
In both Spain and Gaul there were interdictions against the celebration
of the Jewish Sabbath and the violation of the Sunday rest. The Third
Council of Orleans, which met in 538, took issue with this practice, 3
as did the Council of Narbonne in 589.' In a letter which he addressed
to the people of Rome in September 602, Pope Gregory the Great showed
his alann at a judaizing tendency which manifested itself in the observ-
ance of the Sabbath on Saturday instead of Sunday. Because it was
Jewish, he forbade the literal observance of the Sabbath law, widespread
among the Christians.' The Visigothic law forbade Christian domestics
to work on Sunday. If the law was broken, their masters had to pay a
fine of one hundred solidi into thefiscus. 8
The persistence of this fear of judaizing is shown by the thirteenth
canon of the Council of Friaul (Friuli or Forojulium) which complained
that the peasants were misled by the Jews to remain idle on Saturday. 7
A capitulary of Charlemagne forbade the Jews to employ Christian
day-laborers on Sunday. In case of a violation of this law, both the
Jewish employer and his Christian servants were to be punished. 8 This
injunction was repeated by the emperor Louis the Pious in separate
1 Josephus, C. p., n , S9. 282; Horace. Sal., 1, 9, 68-72; Juvenal, Sat., XIV, 96; Persius, Sat., v,
186. Cf. P. Lejay, 'Le sabbat juif et les ~tes latins,' &we d'htoire et de littbalure religieuau,
vm (I90S), SIS ff.
1 According to St Jerome, De viria iUiutribiu, c. 70 (PL., xxm. 68I), Novatian (ob. i.57?) wrote a
tract, no longer extant, called De abbato.

1 s Orleans. c. SI (28) (MGH . Conc . I, Si; Mansi, IX, 19); cr. Council of Auxerre (57HOS). c. I6
(MGH., Conc., r, ISl; Mansi, IX, 918); Gunlchramni reg edictum and Childeberti aecundi decretio,
c. 14 (MGH., Capit., I, 11, 17).
Council of Narbonne, c. 4 (Gonzalez. 659-660; Mansi, IX, 1015).
1 Gregory, Ep., xm, S.
1 L. Vig . XII. s. 6.
7 Council of Friaul, c. IS (Mansi, xm. 852).
1 Capitulare muorum Aquiagraneme allerum (809), c. 18 (MGH., Capit., 1, 152).
grants of privileges to the Jews Domatus and Samuel. 1 A capitulary of

the bishop Haito (Hetto or Hayto) of Basel (807-8~3) instructed his
diocese to celebrate the Sunday rest from morning to evening. They were
permitted, however, to work ali day on Saturday, 'lest they be captured
by Judaism.' 2 A similar measure was passed by the Council of Pars in
829. 3
Both Agobard and Amulo give us further proof of the current fear of
this form of judaizing. Agobard complains that the Christians celebrate
the Sabbath with the Jews and work on Sunday. Furthermore, the
market day has been changed by imperial sanction from Saturday to
another day on the pretext that it would be more convenient for the
Christians. In reality, it has benefited the Jews. 6 Amulo, his successor,
makes the same complaint that Christian servants of Jews celebrate the
Jewish Sabbath and festivals, and work on Sunday. 6
b) Celebration of Jewish Festivals

The celebration of Jewish festivals and fasts by Christians had been
forbidden under severe penalties, either directly by civil laws, or indirectly
by the imperial approbation given to the church councils which had
vetoed it. 7 Both Agobard 8 and Amulo 9 complain that Christians are
misled by Jews to neglect their fasts and to observe the Jewish ones.
e) Eating with Jews

The interdiction against eating with Jews was often repeated by the
church councils. The repetition of this law is a proof of its frequent viola-
tion by the Christians. The Council of El vira in Spain (306) forbade .
the clergy or laity to eat with Jews on penalty of excommunication. 10
This was repeated by the Council of Laodicea which met about 367.11
In 465 the Council of Vannes in Gaul forbade the clergy to partake of the
1 Formulae imperialea, SO and 31 (MGH., Form., pp. 809-810).
1 Hayto, Capitularia, c. 8 (MGH., Capit., 1, 868): 'ne in judaismo capiantur'; cf. AMegii capitulara,
1, 75 (MGH., Capit., 1, 404).
3 Council of Paris, c. 50 (MGH., Conc., u, 648; Mansi, XIV, 568-569).
4 Agobard, Ep. 7 de insol.entia Judruvrum, c. S (MGH., Ep., v, 188; PL., cIY, 7~-78); Ep. 9 ad
Nibridium (MGH., Ep., v, 199; PL., cxv, 111).
1 ldem, Ep. 7 de iTl8olentia Judaeorum, c. 5 (MGH., Ep., v, 184; PL., c1v, 75).
Amulo, Ep. contra Judaeos, c. 41 (PL., cxn, 170).
7 Cf. A. Linsenmayer, Entwicklung der kirchlichen Fastendiaziplin bia zum Konril ron Niciia (Mun-
ich, 1877). Council of Laodicea (867), c. 87 (Gonzalez, 56 ; Mansi, 11, 580).

8 Agobard, Ep. 7 de imolentiaJudawrum, c. S (MGH., Ep., v, 188; PL., cxv, 1S);Ep.9 ad Nibridium
(MGH . Ep., Y, 199; PL., CIV, 111).

9 Amulo, Ep. contra Judaeos, c. 41 (PL., cxv1, 170).
Council of Elvira, c. 50 (Gonzalez, ~9; Man.si, u, 14).

1
11 Council of Laodicea, c. SS (Gonzalez, 56; Mansi, 11, 581).
J ewish ProsPlytism 55
meals of Jews or to invite them to their own. Since Christian food,

the canon stated, had been placed under the han by the Jews, the clergy
would appear inferior to them if they accepted Jewish food, while the
Jews refused to eat the food which Christians offered them. 1 This
injunction was extended to Christian laymen by the Council of Agde
(506), 2 and in this form was later included in the canonical law. The
canon was then repeated by the Council of Epaon in 517, 4 the Third
Council of Orleans in 538,5 the Council of l\fA.con in 581, 6 the Council of
Clichy in 626 or 6~7, 7 and the Council of Rheims between 627 and 630. 8
There were probably no similar laws in Visigothic Spain, since the Jews
were enjoined not to refuse to eat with Christians. 9
Venantius Fortunatus tells that Hilary of Poitiers (ob. 366), although
it was difficult, neither ate together with Jews or heretics, nor did he even
retum their chance greetings on the street. 10 We have already seen that
Ferreolus of Uzes, on the other hand, ate with Jews and so incurred the
displeasure of Childebert. 11
'lt is significant that, in spite of the many laws against eating with Jews,
Gregory of Tours does not consider it extraordinary that Armentarius,
a Jewish money-lender, was invited to the table of his debtor, Injuriosus,
an ex-vicar. 12
Nibridius, bishop of Narbonne, did not hesitate to maintain cordial
relations with the Jews, and even invited them to his table. Agobard
considered it his duty, therefore, to induce him to break off all intercourse
with them. He wrote to Nibridius:
It seems to me to be unworthy of our f aith, that the sons of light should associate
with the children of darkness, and that the Church of Christ, which ought to
present itself for the kisses of her celestial spouse without blemish and without
wrinkle, be disgraced by contact with the defiled and repudiated Synagogue. 13
In another letter, 14 Agobard calls attention to the example of Hilary of
1 Council of Vannes, c. H (Mansi, vn, 954).
2 Coundl of Agde, c. 40 (Gonzalez, 288; Mansi, vm, SS1-SS2).
3 Decreta Pars 2, Causa 28, Quaest. I, c. 14 (Friedberg, Curnu iuri1 cano11ici, 1, 1087).
4 Council of Epaon, c. 15 (MGH., Conc., 1, 22; Mansi, vm, 561).
1 8 Orleans, c. 14 (MGH., Conc., I, 78; Mansi, IX, 15).
1 Coundl of MAcon, c. 15 (MGH., Conc., 1, 159; Mansi, IX, 984-985).
7 Council of Clichy, c. 18 (MGH., Conc., 1, 199).
1 Council of Rheims, c. 11 (MGH., Conc., 1, 204; Mansi, x, 596).
t L. Vilig., XII, s. 7.
io Venantius Fortunatus, Vila Hilarii, c. S (MGH., AA., tv, 2, 2).
11 Supra, p. 23.
12 Gregory of Tours, H. F., vu, 28 (MGH., Script. MerOf!., 1, 805).
11 Agobard, Ep. 9 ad Nibridium (MGH., Ep., v, 199-200; PL., c1v, 1IO-lll); d. Ep. 7 ck in1ole11tia
Jwlaeorum, c. S (MGH., Ep., v, 188; PL., c1v, 78).
14 ldem, Ep. 8 ck iudaici1 auperrtitionibu1, c. 2 (JIGH., Ep., v, 186; PL., c1v, 79).
Poitiers, who, we have seen, shunned ali intercourse with Jews. The
bishop Amulo also protested against this practice of eating with Jews.
He complains that the Christian servants of Jews d.rink their wine. 1
1 Amulo, Ep. conlTa Judaeoa, c. 41 (PL., CXVI, 170).
CHAPTER V
THE JEWISH CULT

1. RELIGIOUS SERVICES1
I N cult
the Roman Empire the right to meet for the celebration of their
was accorded to the Jews ipso jure, since their religion was legally
recognized. The pagan emperors permitted the meetings of the Jews for
prayer. lf the Christian emperors did not specifically sanction this
privilege, at least they suffered it. The limitation of the right to construct
new synagogues did not apply to the religious meetings of the Jews.
Under the Christian emperors attempts to disturb the Jewish religious
meetings were probab)y considered in theory as violations of the law.
In practice, no attempt was made to repress these disturbances, even
when the destruction of a synagogue was concerned.
a) Spain
The Arian Visigoths must have permitted the Jews to meet for the
celebration of their cult, since their religion enjoyed a legal status.
The tolerant Catholic kings recognized this right. The Jews were
forbidden to hold religious meetings, however, by those kings who ordered
forced baptism or who prohibited ali the Jewish ceremonies. A special
surveillance was organized and severe penalties prescribed to prevent
the Jews from meeting in secret synagogues for the celebration of the
Sabbath and other festivals. 1 Even Jewish travellers from other states
or provinces were watched, lest they might violate this law.
b) Gaul
For Gaul we know of only one case where the Jews were refused the
right to meet. In 582, after King Chilperic ordered their baptism by
force, the Jew Priscus was slain while he was proceeding to a secret
synagogue. 4 We may assume from this that for a time, at least, the
right to meet in their synagogues had been denied the Jews. It is prob-
1 This problem is diacUISed more fully in the section on synagogues, infra, pp. 78 ft'.
1 L. Vig., XII, 2, 4 : 'Nullus (ac. ludeorum) . quibu.scumque latibulis se.se occultandum
iniciat.' Cf. L. Vig., xn, S, 9.
1 Jlfid., XII, S, 20.
'Gregory of Tours, H. F., VI. 17 (MGH., Script. Mer<JrJ., 1, 260).
67
58 The Jews in the K1'.ngdoms of Spain and Gaul
able, too, that this privilege was withdrawn in 629, when Dagobert
ordered the baptism of all the Jews in his kingdom. 1
2. THE SABBATH AND FESTIVALS
The Theodosian Code permitted the Jews to observe their festivals,

and especially the Sabbath. 2 During these days they could not be
summoned to court, taxes could not be collected from them, and they were
exempt from the munera. 3
a) Spain
The Breviarium Alaricianum4 reproduced the laws of the Theodosian
Code, which permitted the Jews to observe their Sabba~h and festivals.
The Catholic kings who permitted the Jews to remain in the Visigothic
kingdom granted them the right to celebrate the Sabbath and their
festivals. Although Receswinth did not expel the Jews, he prohibited
the celebration of these days under penalty of death. 5 Erwig granted the
Jews an interval of one year before they had to abjure their religion. He
did not, however, permit them in the meantime to celebrate the Sabbath
and their festivals. The penalty was decalvatio, one hundred blows of the
lash, exile, and confiscation of their property. 6 Neither the exile nor the
confiscation of property was final, and the Jew who became a Christian
could return and regain possession of his property. 7 Only in the case of
the celebration of the Passover was the confiscation final and the period
of exile long. 8 For the celebration of the other festivals the duration of
exile is not fixed. To make certain that the Jews did not practice their
religious ceremonies, Erwig constrained them, under penalty of decalvatio
and one hundred blows of the lash, to present themselves to a bishop or
priest during the Sabbath and festivals. In case there were no priests in
the region to whom the Jews might report, the priests of the nearest
place were to designate with what good Christian men or women the
Jews and Jewesses respectively would spend these festivals. 9 In addition,
1 Supra, pp. 25-26.
1 c. Th., XVI, 8, 8.
3 Jbid., II, 8, 26.
' Breo., u, 8, S.
1 L. Ving., XII, 2, 5: 'Nullus de ludeis x1111 luna mensis alicuius (an allusion to thefourteenthofthe
Hebrew month Nisan, when the Passover was celebrated, Exodus, XII, 6) faciat Pasea, neque dierum
ipsorum, ut soliti sunt, sollemnia celebrabunt . . . non ferias custodiet. non sabbata et omnia
Cesta ritu observantie sue deinceps aut coleat aut contingere quandoque presumat.' Tbe penalties
are prescribed in L. Ving,, xn, 2, 11.
e L. Vi8ig., XII, 8, 5.
7 /dem.
8 /bid., xn, 8, 4: 'exilio diutino.'
9 /bid., XII, 8, 21.
The Jewish Cult 59
Erwig took severe measures against Christians who helped the Jews to
evade these regulations. 1
Since the Jews would be able to escape these prescriptions by departing
from their homes on the eve of their festivals and celebrating them in sorne
secret place, Erwig availed himself of a new means. Every Jew who
travelled had, under penalty of one hundred blows of the lash, to present
himself upon bis arrival in a place to the bishop, a priest, or a judge.
These civil or ecclesiastical authorities would watch over him during
the festival days and the Sabbath. If he wished to depart on the eve
of these days, he had to designate the place to which he was going. The
priest would then notify all the priests of the places through which the
Jew would pass on bis journey. Before he could return to bis home, he
had to have certificates from the ecclesiastical authorities of all the places
visited en route, attesting that he had not observed the Jewish festivals
and Sabbath. 2 It seems hardly credible that so elaborate a procedure
could e ver have been enforced.
Egica permitted non-baptized Jews to celebrate their festivals, and
freed even the baptized Jews from the rigorous surveillance of Erwig.
But their plot against the state cost the Jews their liberty. When he
reduced them to slavery, Egica assigned to their masters the task of
preventing them from celebrating the Jewish festivals. 3
b) Gaul
No law prohibited the celebration of the Sabbath or the J ewish festivals
by Jews. This privilege was probably rescinded when Chilperic and later
Dagobert ordered the baptism of all the Jews in their realms.
8. THE JEWS DURING CHRISTIAN FESTIVALS
a) Spain
Although the Christian Roman emperors did not force the Jews to
celebrate the Christian festivals, they imposed on them a certain conduct
during these days. 4 The Visigothic king Alaric did not rule on this
matter in the Breviarium. The Catholic Visigoths were hardly in power
when they ruled at the Council of Narbonne in 589 that the Jews must
observe the Christian festivals. They were prohibited to work on Sunday
under penalty of a hundred lashes or a fine, according to the social status
of the culprit. 6 This disposition, however, did not have the force of law,
1 L. Vilig., XII, s. H.
1 /bid., XJJ, s. 20.
1 17 Toledo, c. 8 (Gonzalez, 596; Mansi, xn, 102).
'c. Th., XVI, 5, 5 (425).
5 Council of Narbonne, c. 4 (Gonzalez, 659-660; Mansi, IX, 1015).
inasmuch as it did not receive royal confirmation. When Erwig forced

ali the Jews to baptism, he decreed that every Jew or Jewess should suffer
decalvatio and one hundred blows of the lash, confiscation of property,
and banishment, if he or she should go out to work in the fields or manu-
facture woolen stuffs, or do other work in the fields, houses, or other
places on Sunday. The punishment was the same for Christian domestics
who were found working on Sunday. Their masters had to pay a fine
of ne hundred soli.di into thefiscus. 1
b) Gaul
In Gaul no laws forced the Jews to celebrate the Christian festivals.
'Ve have already examined the laws which prohibited the Jews from
employing Christian servants on Sunday. 2 A number of church councils
passed laws ruling on the conduct of the Jews during Holy Week. The
Third Council of Orleans in 538 decreed that 'since we live under Catholic
kings,' the Jews should not appear among Christians for four consecutive
days from Maundy Thursday to Easter Monday. King Childebert I
seems also to have forbidden the Jews to appear on the streets or in the
markets during these days.' The decree was repeated by the Council of
Mll.con in 581 5 and the Council of Meaux in 846. 6
4. DIETARY LA WB
a) Spain
The Arian kings did not forbid the Jews the free observance of their
dictary laws. Under the Catholic kings, however, the dietary practices
of the Jews were watched, because they denoted the observance of the
Jewish religious precepts. They were permitted, however, to abstain from
eating pork, since they said that they had an inherent repugnance for it.
Even pork they could endure, if only it were used in cooking with other
foods. 7 Receswinth maintained the Iaws regarding the foods from which
i L. Vilig., xn, 8, 6.
1 Supra, pp. 5S-54.
S Orlenns, c. 83 (SO) (MGH., Conc., 1, 88; Mansi, IX, 19).
' ChildebeTti I regi.8 praeceplum (MGH., Legu, ed. Pertz, I, 1); cf. O. Stobbe, Di.e Ju.den in Deld.Jcla-
land u;iihrend du Mtelaltera (Brunswick, 1866), p. 170. The Councils of MAcon and Meaux refer to
such a decree of Childebert, but it is doubtful whether this decree appeared, as Pertz believed, in
the now fragmentary Constitulio Childeberti. Boretius, tberefore, in bis edition of tbe Capitularia
(JIGH., Capit., 1, S) did not print this decree in bis text. His reasons are detailed in bis Bmtriige :ur
Capitularienkritik (Leipzig, 1874), p. 21. There may perbaps be a connection between the similar
act of the Third Council o! Orleans and tbe decree of Cbildebert, in which case tbe latter may be
Crom tbe year 588.
A Council of l\fAcon, c. 14 (MGH., Conc., 1, 158; Mansi, IX, 984).
1 Council of Meaux, c. 78 (MGH., Capit., 1, 417; Mansi, XIV, 887).
7 Placitum under Chintila (ed. Uretia y Smenjaud, p. 678); L. Viaig., XII, i, 17, placitum of 664.
The Jewish Cult 61
baptized Jews could not abstain, but extended these laws to non-baptized
Jews. The penalty was death by fire or stoning. 1 Erwig kept this inter-
diction, although he modified it in a very curious way. Only the baptized
Jews, whose orthodoxy was unquestioned, were permitted to abstain
from pork. The penalties for violation of the law were less severe:
decalvatio and one hundred blows of the lash. 2
b) Gaul
No laws were passed in Gaul ruling on the foods which Jews could or
could not eat. The Council of Vannes in 465 forbade the Christian clergy
to partake of the meals of Jews, since Christian food had been banned by
them. 3 Agobard, the bishop of Lyons, said tbat he had attempted to
persuade Christians not to huy meat which had been bled and rejected
by the Jews as ritually unclean, and called 'Christian meat,' christiana
pecara. 4 He objected also to the purchase and consumption of such wine
as was sold by the Jews only to Christians. 6 This complaint was repeated
by bis successor Amulo. 6
5. LANGUAGE
a) The Languages Spoken by the Jews

The Romans had never enacted laws defining what languages were to
be spoken by their subjects. It is true that the Jews of the Diaspora <lid
not speak Hebrew, but it was not because of any legal constraint. The
Jews had learned early to combine the externa! forms of the milieu in
which they moved with their purely Jewish life. They had voluntarily
abandoned their mother tongue for the language of the people among
whom they lived. As a result, the languages of the Jews of the Diaspora
were as diverse as the countries they inhabited. 7
The use of the Hebrew language had never been proscribed, but the
Jews no longer spoke it; it remained the language of the ritual. Hebrew
phrases appeared on the various inscriptions of Gaul and Spain, notably
on the trilingual stone at Tortosa. 8 Honoratus relates that at the funeral
of Hilary of Arles in 449 the Jews sang psalms in Hebrew. 9 When Gregory
1 L. VUig., XII, 2, 8.
2 ]bid., XIJ, S, 7.
1 Council ol Vannes, c. 12 (Mansi, vu, 964).
4 Agobard, Ep. 7 de iruolenlia Judiuorum, c. S (MGH., Ep., v, 188; PL., c1v, 75).
1 ldem, c. 4 (loe. cit.).
1 Amulo, Ep. contra Judaeoa, c. 41 (PL., CXVJ, 170).
7 Hilary ol Poitiers, In Paalmum, uv, 11 (PL., IX, 862): 'divide linguas eorum.'
1 lnfra, Appendix I, Inscriptions.
'Vita S. Hilarii, xxu, 29 (PL., L, 1248).

of Tours speaks of the 'lingua Judaeorum,' 1 he does not refer to the usual
language of the Jews of Gaul, but to the Hebrew which was the language
employed in the divine service. He is referring to the songs in honor of
the entry of King Guntram into Orleans.
A Jew of l\ilinorca says of another from Spain:
Ego te, lnnocenti frater, quem non solum Latinis, sed etiam Graecis litteris
eruditum scio. 2
This may have been common enough, especially in the case of Jewish
merchants. In the south of Gaul Greek was to a large extent the language
of commerce, 3 and even in the Roman town of Arles Greek, as well as
Latin, was probably spoken by the Jews in the early part of the sixth
century.4 The inscription at Tortosa in Spain was written partly in
Greek, and the inscriptions from the synagogue at Elche were likewise in
Greek. 5 In the placitum which the Jews swore to Chintila in 637 the
Talmud and Mishnah are called by their Greek name aEu'tpcxt. 6
The usual language of the Jews in Spain and Gaul must have been
Latn, 7 and it was in this language, for example, that Priscus the Jew
carried on his dispute with Chilperic and Gregory of Tours. 8 Severus
relates that in 418 the Jews of Minorca took part in the chanting of a
Latin psalm. 9 lt has been suggested that the Jews of Visigothic Spain
wrote anti-Christian works in Latin. 10 The inscriptions at Narbonne and
Auch, and one part of the Tortosa stone, are written in Latin. 11
The sermons preached in the synagogues at Lyons in the ninth century
seem to have been in Latn or in the vernacular. Agobard complains that
many Christians prefer sermons preached by the Jews to those preached
by the Christian clergy:
1 Gregory of Tours, H. F., VIII, 1 (MGH., Script. MerOfl., 1, S~).
1 Severus, Ep. ck Judal!is (PL., xx, 740).
3 P. Scheffer-Boichorst, 'Zur Geschichte der Syrer im Abendlande,' Mitilungenfr outerreichclu
Geachichlefomhung, Yl (1885), 549.

4 H. Gross, 'Zur Geschichte der Juden in Arles,' MGWJ., XXVII (1878), 68; M. Papon, Htoire
glnbale de Pr~ence (Paris, 1777), 1, 118.
6 lnfra, pp. 141ff.;147 ff.
6 Placitum (ed. Urefla y Smenjaud, p. 574). Cf. L. Blau, 'The Relations of the Bible Translations
of the Jews, etc.,' JQR., XIX (1928), 166. In a chapter (in MS) written for a Hutory of the Jev:i8h
People which was to be published in Germany, Dr Cecil Roth of London states that it seems impossi-
ble that the Talmud should have been known in Spain at this period. He suggests that the l\fhnah
and Baraita are in question. See also infra, p. 71.
7 Cf. M. Liber, 'Frankreich,' Encycl<Jpedia. Judai.ca (Berlin, 1980), VI, 1124.
'Gregory of Tours, H. F., VI, 5 (MGH., Script. MerOfJ., 1, 247).

9 Severus, Ep. de Judaeis (PL., xx, 786).
10 Graetz, v, 77; Posnanski, Schiloh, p. 803.
11 Tnfra, Appendix I, lnscriptions.
Tite Jewi,sh Cult 63
Ad hoc pervenitur, ut dicant imperiti Christiani melius eis praedicare Judaeos

quam presbyteros nostros.1
Agobard's successor, Amulo, makes the same complaint. 2 Agobard says,

furthermore, that the pagan slaves of the Jews learn the vernacular from
their masters, ' et nutriti apud illos discunt linguam
nostram.' 3 It is significant that Agobard received a complaint from a
Jewess of Lyons who had been baptized, and was therefore persecuted by
the Jews. This complaint was presumably written in Latin, inasmuch
as Agobard says that he had received a letter from her.
Scripsi . indiculos, significans vobis quandam feminam .
graves persecutiones sustinere propter fidem quam suscepit Christi, quas per
ipsius feminae breviculum potestis cognoscere.'
It is especially interesting that she was able to write, since ordinarily

Jewish women were not taught to write. 6 She may, however, have
dictated the letter.
Isaac, the Jewish member of the embassy sent in 797 by Charlemagne
to Harun al Rashid, Caliph at Bagdad, 8 was chosen probably as inter-
preter. There is no reason to assume that he carne from the south of
Gaul, because there the Jews carried on an extensive trade with the
Orient, and only there could he have acquired the knowledge of Arabic
tliat he undoubtedly possessed. 7 Whatever his origin was, it is note-
worthy that there existed in Gaul Jews who spoke Arabic well enough to
be interpreters on an important mission. This was no isolated case of
Jewish intervention between the Orient and the Occident. In the Book
of W ays, written in 847 by ibn Khordadhbeh, the postmaster~general of
Bagdad, we find a picture of constant Jewish movement from Gaul and
Spain to Egypt, Syria, Arabia, and back. We learn that these traders
spoke Arabic, Persian, Roman (that is, Greek and Latin), the Frankish,
Spanish, and Slav languages. 8
1 Agobard, Ep. 7 de iMolentia JudaMrum, c. 5 (MGH., Ep., v, lM; PL., civ, 74-76).
1 Amulo, Ep. contra Jud.iuoa, c. 41 (PL., CXVI, 170).
Agobard, Ep. 4 ad procerea palatii 1 (MGH., Ep., v, 165; PL., CIV, 102).
4 ldem, Ep. 6 ad proceru palatii 11 (MGH., Ep., v, 179-180; PL., CIV, 175).
1 M. GUdemann, Guchichte dea Eniehungawueru und der CuUur der abendUindiachen Juden wahrend
dea Miuelaliera, J, Frankreich und Deutschland (Vienna, 1880), p. 280.

1 Einhardi annalu, an. 801 (MGH., SS., J, 190). According to L. Halphen, 2tudea criquea aur
l'hiat<1ire de Charlemagne (Paris, 1921), pp. 60 ff., Einhard was not the author.
7 So S. Eppenstein, 'Zur Frhgeachichte der Juden in Deuuchland,' MGWJ., um (1919), 166,
n. 2.
See infra, p. 184, for a translation of the portions relevant to the Jews.
b) The Knowledge of Hebrew among Christians in Spain and Gaul

Although Hebrew was not the ordinary language of the Jews in the
Diaspora, there must have persisted a knowledge of Hebrew, at least
among their scholars. During the early Middle Ages a few Christian
writers display a slight knowledge of Hebrew, which they may have
acquired from Jews. About A.D. 180, Irenaeus seems to have had
conversations with Jewish scholars. He says:
But the name Jesus contains in the Hebrew language, as their scholars say, two
and a half letters and signifies that lord who embraces heaven and earth. .
The word Soter has five letters, and in Hebrew two anda half. And altogether
the Hebrew letters do not tally with the Greek in their numerical value. . .
For the old and original letters of the Hebrews, which are known also as priestly
letters, are ten in number, but reach to fifteen, since the last letter is connected
with the first. Hence, they write them consecutively as we do, but read them
from right to left. 1
We may assume from this that Irenaeus talked to Jewish scholars who
lived at Lyons, or what is more probable, carne there on business. 2 It is
unlikely that Irenaeus himself knew Hebrew. Fita suggests that he
could have obtained this discussion of Hebrew cabalistic signs from the
master of the synagogue at Lyons, but we have no reason for supposing
that there was a permanent settlement of Jews there at this early date.
Isidore of Seville exhibits a naive curiosity concerning Hebrew. 4 The
Hebrew names for Scriptures5 he derives from St Jerome. 6 In fact,
whatever traces of Hebrew knowledge he shows 7 he must have obtained
from the works of Jerome. It is impossible to say whether he knew at
first hand of the reading of the Torah or Sacred Scroll by the Jews. For
he says:
Lectiones pronuntiare antiquae institutionis esse Judaeorum traditio docet.
Nam et ipsi legitimis praefinitisque diebus ex lege et prophetis lectione in syna-
gogis utuntur, et hoc de veteri patrum institutione servantes (that is, the reading
of the Law on Monday, Thursday and Saturday?). Est autem lectio non parva
audientium aedificatio. Unde oportet ut quando psallitur, psallatur ab omnibus;
1 Irenaew, Contra Haeruu, n, 24, 2 (PG., VII, 788--791); 11, 85. S (PG., VII, 888-840).
t L. Blau, op. cit., p. 176.
1 F. Fita. 'Epigrafa hebrea y visigtica,' BAH., XLVII (1905), 882.
'S. Cassel, 'Zur Wissenschalt des Juden,' Z.Jr die religiOaen lntereuen du Judeniu~. m (1846),
229-280. believes that Isidore knew some Hebrew. M. Steinschneider, 'Christliche Hehralsten,'
ZHB., 1 (1896), 54, considera it doubtlul.
'Isidore, Etymologiae, VI, 1 (ed. Lindsay).
1 Jerome, Commentariu on Scripturu (PL., xxvm, 168-462), gives the Hebrew name for each
book of the Old Testament.

7 Isidore, Etymolofll"ae, VII, l, l. 2, S, 4; VIII, 4, l, 2; IX, l, 9 tf.; 1, S, 4, 5.
The J ewi.sh Cult 65
curo oratur, oretur ah omnibus; cum lectio legitur, facto silentio, aeque audiatur
a cunctis.1
So too he seems to know of the Minyan or choir necessary for the Jewish
religious services:
Chorus enim proprie multitudo canentium est, quique apud Judaeos non minus
a decem constat canentibus.2
Cassel3 believes that both Braulio and Ildephonsus knew Hebrew,

but the sources do not bear out his assumption. He believes also that
ldalius wished to show his knowledge of Hebrew when he referred to a
Jew Restitutus. 4 According to Cassel, this is a translation of the Hebrew
name c?i~c, Mishalom. 6
In those curious compositions, the Hiaperica Famina, are found a few
words artificially derived from Hebrew. These words may have been
obtained from wandering Jewish travellers. 9 The little Hebrew learning
displayed by the Venerable Bede (673-735) is derived entirely from
Jerome. 7 Like Bede, Alcuin had no knowledge of Hebrew, 8 although
Jews were present at the court of Charlemagne.
Agobard, the vigorous adversary of the Jews, shows in his tractates a
knowledge of their language and of their traditions, even of their mystical
]ore, the Cabalah. He remarks at one point in bis letter De iudaicis
superstitionibus:9 '1 speak almost daily with Jews and hear the mysteries
of their errors.' He was acquainted even with details of Jewish worship
and belief. He knew rabbinical prescriptions concerning ritual slaughter; 10
1 lsidore, De ect'luutic ojfici, 1, 10, 1 (de lectionibu1) (PL., LXXXIlI, 744-745).
1 Jdem, 1, S, 2 (d" choril) (PL., 1..xxxm. 741).
S. Cassel, 'Juden (Geschichte),' Ersch und Gruber, Encyclopadie, u, 27, 61, n. S.
ldalius, Ep. (PL., XCVI, 458).
' Cassel, 'Zur Wissenschaft,' JI 280, n. l.
C. Singer, Early English Magi,c and Medidn" (reprinted from the Proceeding1 of the Briti1h
Academy, Vol. IX), (I.ondon, 1920), p. 28; idem, 'Hebrew Scholarship in the Middle Ages among
Latn Christians,' in The Legacy of Tlr~l (Oxford, 1927), p. 287. The best edition of the Hilperica
Famina is by F. J. H. Jenkinson (Cambridge, 1908).
7 Steinschneider, op. cit., p. 58 and J. Soury, De11 ltudea hlbraiquu et exlgltiquu au moyen-ge chez
le1 Chrltien1 d'Occident (Paris, 1867), p. 7, believe that Bede knew sorne Hebrew. But see R. Davis,
'Bede's Early Reading,' Speculum, vm (19SS), 198--194. In spite of its pretentious title, Soury's work
is almo~t valueless.
1 Steinschneider, op. til., p. 61.
1 Agobard, Ep. 8, c. 9 (MGH., Ep., v, 189; PL., CIV, 86): 'Quod nobis non minime notum est, qui
cotidie pene cum eis loquentes mysteria erroris ipsorum audimus.' Cf. S. Berger, Quam notitiam
lingu~ hebraicM habuerint Chri1tiani medii am temporibul in Gallia (Nancy, 1898), p. 4. J. F .
Marcks, Di.e JOl.itiarh-kirchliche Wirklamkeit de1 Erzbi1chof1 Agobard 11on Lyon (Viersen, 1888), p. 9,
without reference to the source, says that Agobard corrects mistakes in the translation of the Scrip-
tures from Hebrew. CC. Cassel in Ersch and Gruber, p. 65, n. SS.
1 Agobard, Ep. 7 de inM>lentia Judaecrum, c. S (MGH., Ep., v, 188; PL., CIV, 78).
he was informed about a number of Midrashim; he mentions a certain

work entitled Toledoth Yeshu, giving an alleged Jewish account of the
life of Jesus; and he shows familiarity with the methods and doctrines of
the Cabalah.
The Talmudic recitals concerning the life of Jesus had given rise later
to a book containing an apocryphal biography and called Toledoth Yeshu
(Lije of Jesus). 1 This anonymous work, which was a travesty of the
history of Jesus, seems to have been written in Palestine, or more prob-
ably in Syria. The date of its composition is uncertain, but Agobard
knew it, 2 and hence it is probably anterior to the ninth century. 3 The
version from which he quotes has certain details which are not found in
extant copies. These differences may perhaps be explained on the
ground that his information was derived from oral tradition. 4
The theoretical or philosophical Cabalah seems to have been known as
early as the time of Agobard. In bis epistle De iudai.cis superstitwnibiu
there are indications that in addition to his knowledge of works like the
Otiot of Rabbi Akiba and the Hekalot, Agobard was acquainted with the
material in the Sefer Y ezirah (iii'i' iElC), or Book of Creatwn, one of the
classics of Cabalistic literature,5 and the Shi'ur Komah (ncip iil)~).6
He treats of the subject in two short passages. In the first7 he brands the
Jews for their gross notions of the deity, in that they believe Him to be
possessed of bodily form, having distinctive members and lineaments,
including the organs of seeing, hearing, and speaking. They note only
one difference between the body of God and that of man and His image,
namely that the fingers are inflexible, because God effects nothing with
His hands. This description of God is certainly drawn from the Shi'ur
Komah, 8 either directly, in which case Agobard would have to have known
Hebrew, or what is perhaps more likely, from one of the heretical,
forbidden books, in which is found an echo of the Shi'ur Komah. 9 This
book he attributes to the Jews. Traces of the Shi'ur Komah are found in
1 S. Krauss, Das Leben Juu nach jdische" Quellen (Berlin, 190!l), pp. 5-7; idem, 'Jesus in Je"ish
Legend,' JE., vu, 170-178.

2 Agobard, Ep. 8 de iudaici.Y mpeutitionibm, c. 10 (MGH ., Ep., v, 190; PL., crv, 87). Cf. Krauss,
Das Leben JeltU, pp. 5-7, and A. L. Williams, 'Haman-Agobard or St. Agobard?' The Church Quarlerly
&vil!W, cxv (19S!l), 7!l-73.
3 l. Loeb, 'La controverse religieuse entre les Cbrtiens et les Juifs au moyen-Age en France et en
Espagne,' Retme de l'htoire de.Y religiom, XVII (1888), S!l7.

' Supra, p. 65, n. 9.
1 L. Ginzburg, 'Yezirah, Sefer,' JE., xrr, 60~04.
e L. Blau, 'Shi'ur Komah,' JE., XI, !l98; 1\1. Gaster, 'Das Schiur Komah,' MGWJ., xxxvn (189!l),
!l26-!l!l8.
7 Agobard, Ep. 8 de iudaiC'ia euperatitionibu.f, c. 10 (MGH., Ep., v, 189; PL., c1v, 86-87).
1 H. Graetz, 'Die mystische Literatur in der gaonllischen Epoche,' MGWJ., vm (1859), 110-112.
9 Graetz, v, !l40, n. !l. But Agobard says that he heard this Crom the Jews, mpra, p. 65, n. 9.
The J ewish Cult 67
an Old English work, the origins of which go back to the seventh century.
This text gives a description of the physical attributes of God. 1 He is
said to have golden fingers, a description which recalls that quoted by
Agobard, and, in another passage, He is supposed to have a trumpet,
similar to the trumpets of the Lord which Agobard mentions. 2
In the second passage Agobard says:
Litteras quoque alfabeti sui credunt existere sempiternas, et ante mundi prin-
cipium impetrasse diversa ministeria, quibus eas oporteat in seculo presidere.3
Agobard seems here to be informed about the latest Jewish views con-
ceming the science of numbers which played so large a part in the thought
not only of Jewish, but of Christian Cabalists in the later l\fiddle Ages.
He depends upon the Sefer Yezirah, 'ce trait de cosmogonie mystique,
qui fit jouer aux lettres de l'alphabet, temelles comme Dieu, divers
roles dans le cration du monde.' 4
Agobard also knows a passage which seems to be derived from the
Ilekal-Ot, a mystical work attributed to Ishmael ben Elisha:5
Sedere (se. Deum) more terreni alicuius regs in solio, quod a quattuor circum-
feratur bestiis et magno quamvis palatio contineri. . Necnon adfirmant
piures esse terras, plura inferna, pluresque caelos. Quorum unum quod ipsi
vocant racha,6 id est firmamentum, molas Dei sustentare asserunt, quibus
manna sumendum angelis molatur in escam. Alterum vero appellant araboth,
in quo Dominum astruunt residere et hoc esse in psalmo secundum illos: 'lter
facite ei qui caballicat super araboth.'
This passage goes back ultimately to the Talmudic tractate Hagigah

in which a similar description is found:
Resh Lakish says that there are seven heavens. . . . The second is called
Rakia, on which are stationed the sun, the moon, the stars, and the planets.
The third is called Shechakim; this is the manna ground for the pious.
The seventh is called Arabaoth. There dwell right and justice and salva-
tion. . 7
The passage in which Agobard derides the Jews for their belief that
God has seven trumpets,
1 J. M. Kemble, The Dialogw of Saloman and Saturntu (London, 1848), pp. 145-158.
s Supra, p. 66, n. 7.
'Agobard, Ep. 8 <k iudaici11Upmtitionibtu, c. 10 (MGH., Ep., v, 189; PL., CIV, 87).
4 l. Levi, HilWire <kl Juif1 <k France (Paris, 1908), 1, !l6.
6 Agobard, Ep. 8 <k iudaic supeT8titionibu11, <.'. 10 (MGH., Ep., v, 189-190; PL., c1v, 87). 0n the
Hekalot see l. Broyd, 'Hekalot Rabbati,' JE., v1, 882-888.

1 Agobard errs in giving the word as racha; it should be Shechal.;m, 01,n111.
1 T. B. Hagigah, l!lb.
habere Deum propterea septem tubas, quarum una mille ei cubitis metiatur1
seems to be derived from the Otiot of Rabbi Akiba. 2
Agobard says that the Haggadic and Cabalistic passages which he has
used in his complaint against the Jews were in his time already in part
written.
Et quid plura? Nulla veteri~ testamenti pagina, nulla sententia est, de qua vel
a rnaioribus suis non habeant conficta et conscripta mendatia; vel ipsi usque
hodie nova semper superstitione confingant et interrogati respondere presuman t.
Nam et in doctrinis rnaiorum suorurn legunt lesum iuvenem quendam fuisse. 1
From these passages one may infer that the mystic literature must
have been known in Gaul before 8~6. Since Charlemagne's mission to
Harun al Rashid, there must have been frequent communication between
the Jews of Gaul and those of Babylonia. Hai ben Shereira, Gaon of
Pumbedita (939-1038), reports that the Jews of Gaul possessed mystical
works dating from Natronai II ben Hillel (early ninth century). 6
Amulo, the disciple of Agobard and bishop of Lyons after his death,
also shows sorne acquaintance with Hebrew words and their interpreta-
tion. 8 He refers often to the Jews with whom he has conversed on
religious questions and from who~ he might have learned Hebrew. His
polemical work against the Jews offers little help, however, for this very
reason. He refers not to Jewish writings, but to conversations which he
has had with Jews. 7 Because he shows sorne acquaintance with the
Jewish liturgy,8 there is no reason to assume that he knew more Hebrew
than Agobard. 9 He seems, nevertheless, to have been familiar with the
Toledoth Yeshu, the alleged Jewish life of Jesus. 10 He also reproaches the
Jews for their blindness in believing that two Messiahs will appear,
one from the tribe of David, the other from the tribe of Ephraim.11 These
opinions accord with certain Talmudic passages and later mystical
wri tings. 12
1 Agobard, Ep. 8 de iudaicia auper.ttitionibU.t, loe. cit.
t See K. Kobler, 'Akiba ben Joseph, Alphabet (Otiot) of,' JE., 1, 810-811, for a description of thi.s
work.
Agobard, Ep. 8 tk iudaici.t auper1titionilnu, loe. cit.
'lnfra, p. 160.
Ta'am Zekenim (ed. Frankfurt a/M., 1854), pp. 55a-56a.
Amulo, Ep. contra Judaeoa, c. SO (PL., CXVI, 161).
7 /bid., c. 10 (PL., CXVI, 146-147); c. 89-40 (PL., CXVI, 167-170).
/bid. c. 10 (PL . CXVJ, 147).
1 So Loeb. op. cit., p. 827.
1 Amulo, Ep. contra Judaeo.t, c. 40 (PL., cxv1, 169). Cf. Krauss, Daa Leben Juu, p. 18. KraUllS
refers to him as Hrabanus Maurus, but obviously he means Amulo.
11 Amulo, Ep. contra Judaeoa, c. 12-lS (PL., cxvr, 148-149); c. 22 (PL., cxv1, 155).
u Cf. T. B. Sukkah, 52&; T. J. Berakot, 11, 4, 5a; T. B. Sanhedrin, 98a. These stories are found
T he J ewish Cult 69
Bodo, who was converted to Judaism in 839, seems also to have learned
sorne Hebrew. His adversary, Paulus Albarus of Cordova, says: 'Miror
tuae eruditionis in hebraea lingua tam velox (sic) peritia.' 1 Albarus
admits his own ignorance of Hebrew:
Et tu, quia seis nos ignaros linguae hebraicae, ex hebraeorum codicum nos
varietate inludere, ubi te victum praevideris esse.2
Florus of Lyons, a contemporary (ft. 834-860), displays a slight knowl-

edge of Hebrew which he may ha.ve obtained from Jews at Lyons. He
discusses the text of the Septuagint and compares it with the Hebrew
text:
Et quia inerat suspicio, ne forte et ipsa hebraica translatio scriptorum esset vitio
depravata, etiam hebraicum et ipsum volumen ad lectionem adhibui
et tamen, quid in bis hebraica sibi vindicet veritas, adnotavi.1
His knowledge of Hebrew was superior to that shown in the Glossa

Ord1naria, which is almost certainly derived from Jerome.
Soon after the death of Charlemagne, Hrabanus Maurus (776-856) sent
in the year 85!9 to a brother ecclesiastic, Hilduin of St Denis, a commen-
tary on the Book of Kings. For its preparation Hrabanus says he had
'inserted sections containing Hebrew traditions, by a Jew of our own time
who is learned in the knowledge of the Law.' 6 The passages are in fact
taken from a work On He&rew Questions in the Books of Kings and Chron-
icles.6 This treatise long passed under the name of Jerome, but was
undoubtedly written by a Jew at a much later date. This Jew is one of
the most interesting figures in the history of mediaeval scholarship.
Berger and others 7 see in him a Jewish convert to Christianity, trained in
the Talmud from bis youth. We can hardly suspect the direct statement
of Hrabanus that he carne in contact with a learned Jew. This was
apparently the unknown author of the Latin work in question, fashioncd
in the Sefer Zerubbabel and in the Ma'a1eh of Rabbi Joshua ben Levi. Joshua ben Levi is mentioned
by Amulo, c. l!l (PL., CXVI, 148). The messianic traditions of the Jews are discussed by Posnanski,
Schiloh, pp. Sl!l-SlS, and M. Buttenwieser, 'Messiah,' JE., ,,u, 505-5l!l.
1 Albarus, Ep.,x,,, 1 (Florez, XI, 179; PL., CXXJ, 484).
'lbid., xv1, 4 (Florez, XI, 182-188; PL., cxxx, 487). Albarus seems, however, to have known
Arabic; d. his lndicultU Luminonu, c. !l5, 28 (PL., CXXJ, 540, 545).
a Florus, Ep. (MGH., Ep., v, 840).
'Gloa1a Ordinaria (PL., cxm, 67, 70, 100, lOS and xuaim).
Hrabanus Maurus, Ep. 14 (MGH., Ep., v, 408; PL., el.X, 9-10) .
Quautione1 hebraicae in libroa Regum et Paralipcrmenon (PL., XXIII, 1S!l9). cr. J. B. Hablitzel,
Hrabaniu MauT1U, Ein Beilrag zur Geachichle rkT MillelalterliC'hen E:rege1e (Freiburg i/D., 1906), p. 9.
7 Berger, Quam notit1am, pp. 1-4; idem, La Bible franr;ae au moyen-ge (Paris, 1884), pp. 6 and
52; Singer, 'Hebrew Scholarship,' p. 288; D. S. Blondheim, Lea parlera Judio-romqn.r et la Vetua
LaJina (Paris, 1925), pp. :rci-:rcii.
70 The Jews in tite Kingdoms of Spain and Gaul
after the manner and in the style of Jerome's Quaestiones Hebraicae, but
filled with rabbinical traditions and interpretations.
Hrabanus refers again to this Jew in a letter to Louis, the son of the
emperor. 1 In a manuscript bearing a commentary on l\'1atthew, 2 the
following phrase appears in the course of the interpretation of the word
racha: 'sed probabilius est, quod audivi a quodam Hebraeo, quod racha
interiecto sit indignantis.' In Hrabanus' Commentary on j fatthew the
same interpretation of the word racha appears, although without specific
mention of any aid from a Jew. 3 Traube sees in this resemblance a
probability that the commentary in the Wrzburger manuscript was
written by Hrabanus. 4 In that case the Jew cited must have been the
same one who had aided Hrabanus hefore. Rieger, however, because
of chronological considerations brands as impossible the story that
Hrabanus derived bis knowledge of Hebrew from a contemporary Jew. 5
The first learned Jew of whom we know in Gaul was l\foses ben Kalony-
mus, who carne to l\fainz in the second half of the ninth century. But
Rieger's arguments are not convincing, inasmuch as other learned Jews,
of whom we have no record, probably carne to Gaul at a very early date.
It is significant, moreover, that Hrabanus himself seems to have had an
elementary knowledge of what he calls the Hebrew script, although it
more nearly resembles the Samaritan. 6
6. PRAYERS AND CHANTS

Under the Roman Empire the Jews had been permitted to pray publicly
in Hebrew and to chant their service in that language. But under one
of the Christian emperors it was decreed that the Jews should he per-
mitted to pray in their synagogues, provided that their prayers and
chants could not be heard in a neighboring church. ln 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. Thus, in September-
October 591, Gregory the Great received a complaint that the Jews at
Terracina had been expelled from their synagogue on the pretext that
1 Hrabanus, Ep. 18 (MGH., Ep., v, 428; PL., c1x, 279).
1 K. Koeberlin, E~ Wrzburger Erangelienhandachrifl (Augsburg, 1891), p. 17; text, pp. 58-59.
1 Hrabanus, Commenfary on MaUhew (PL., C\'II, 806).
4 L. Traube, 'Nachrichten,' NA., xvn (1892), 458. The passage in question, however, seems to be
derived from Claudius of Tours, who had borrowed it from St Augustine, De 8er11Wne Domini in
monte, I, 9, 28 (PL., XXXIV, 124). Hrabanus' constant dependence upon Claudius is demonstrated by
A. E. Schonbach, 'Cbcr einige Evangclienkommentare des Mittelalters,' Sitzungaber:hle deT kaiaer-
lichen Akademie ckr Wi11aen1chaften, Phil.-hist. Classe, C'XLVI (Vienna, 1908), 89-108.
1 P. Ricger, 'Wer war der Hebriler, dessen Werke Hrabanus l\Iaurus benutzt hat?' MGWJ .
LXVIII (1924), 66-68.

e Hrabanus, De inoentione linguarum (PL., cxu, 1579-1580).
T he J ewish Cult 71
the sound of their singing was audible in the church. Gregory, in letters
to the bishop Peter of Terracina and the bishops Bacauda of Formiae
and Agnellus of Fund, 1 ordered that an investigation be made and
another building be given the Jews for worship, if
sic vicinus esset (the location of the synagogue) ecclesiae ut etiam vox psallentium
perveniret . . si ita esset, aut vox de eodem loco in ecclesiae ore (the
vestibule) sonaret, ludaeorum celebrationibus privaretur . . alium locum
intra ipsum castellum praevidete, ubi praefati Hebraei 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.
Similarly, in 589 the Council of Narbonne forbade the Jews to conduct
their dead to the cemeteries with psalms. The penalty was a fine of
six ounces of gold. 2
7. SACRED BooKs
The theft or profanation of the Jewish sacred books (Torah) had been
made a crime of sacrilege by Roman law. 3 Severus of Minorca acted,
then, directly in contravention to the Roman law, when he confiscated the
sacred books in the synagogue at Magona in 418. 4 The reason he gives
for the act is hardly credible. According to him, the books were taken
so that their owners might not maltreat them.
By his celebrated Novella 146, itep! 'E~pix!wv, of the year 553, 6 Justinian
interdicted the exegesis connected with the rabbinical tradition. Though
the Greek word used in this interdict (8eu-rpwat~) literally reflects the He-
brew word m~o. 'Mishnah,' it included by implication the Gemara,
NiOJ, i.e., the Commentary on Mishnah, and probably also the
l\iidrash, ~iio, i.e., the verse by verse commentary on the Old Testament.
During the Arian period in Spain no dispositions were made concerning
the sacred books of the Jews. But the Jews baptized under the Catholic
king Chintila had to swear not to study or to make use of them.
Sed et Scripturas orones, quascumque usus gentis nostrae in synagogis, causa
doctrinae, habuit, tam auctoritatem habentes, quam etiam eas quas 8eudpix~
appellant, sive quas apocryphas nominant, omnes conspectui vestro praesentare
pollicemur ut nullum apud nos suspicionis sinistrae vestigium relinquatur.8
The Visigothic kings who forbade the Jewish rites or forced the Jews
1 Gregory, Ep., n, 6.
1 Council of Narbonne, c. 9 (Gonzalez, 661 ; Maosi, IX, 1016).
3 Josephus, Ant. Jud., xn, 6, 2, an edict of Augustus.
4 Severus, Ep. de Judaeis (PL., xx, 787).
& Noo. J., CXLVI, 1, 2 : '-riv i5s 'ltixp' ixi:oio; ).ayoivTv i5aui:pwacv cbtixropaoev 'ltixvi:1).wo;.'
8 Placitum (cd. Urella y Smenjaud, pp. 573-574).
to baptism obviously did not permit the use of these books. Erwig
decreed that every Jew or baptized Jew, more than ten years of age, who
read, heard, or leamed the Jewish doctrines, or taught them, or kept in
his home the books which contained them, would be punished the first
time by deca!vatio and one hundred blows of the lash. Furthermore, he
had to bind himself by a written oath not to commit the same violation.
If after this promise he was found guilty again, he had to suffer deca!-
vatio, one hundred blows of the lash, confiscation of property, and exile. 1
From that time until 9 June 1289, when Gregory IX ordered the
Talmud to be burned, the Church took no notice of the question of
Jewish books. There are no laws from Gaul ruling on this point.
1 L. Vig . XII, s. u.
CHAPTER VI
THE INSTITUTIONS AND ORGANIZATION
OF THE JEWISH COMMUNITY
l. SYNAGOGUES
T HE synagogue was usually called 'ltpoaeux;'i, 'place of prayer,' a trans-

lation perhaps of the Hebrew, it?Elnil n,J , Bet ha-Tefillah 'house of
prayer.' The word 'ltpoaeux~ is used in the inscription at Elche in Spain. 1
The term auYarwr~. 'synagogue,' in the sense of temple or place of
reunion, is at first used but seldom in the Diaspora. Later, in the laws of
the Christian Roman emperors, the word synagoga is always used. 2
Sometimes the term religionum loca is used as a synonym. 1
The destruction of synagogues was severely punished by Roman law.
There were no Iaws relative to this during the pagan period, but when
Christianity became the state religion, such laws were indispensable.
If certain emperors in practice tolerated the destruction of synagogues,
in principle it never ceased to be considered a crime. New laws were
constantly promulgated to prevent and to punish such offenses, but this
legislation often remained dead-letter. To ali practica! purposes, the
Church could transform in to a church, or destroy, a synagogue without
risking the severity of the laws.
In 418 there took place the burning and pillaging of the synagogue at
Magona. 4 Severus attempts to exculpate the Christians, but he admits
that he had carried off the sacred books of the Jews which, he recog-
nises, a Christian had stolen. Severus confiscated the books, lest the
owners should maltreat them, but he returned the silver which was
found in the edifice.
So, too, in 576 after a baptized Jew had been sprinkled with oil by
his former coreligionists, a mob destroyed the synagogue at Clermont.
lt is difficult to absolve the bishop Avi tus, since he proceeded immediately
to the forcible conversion of all the Jews in the city. 5 Gregory of Tours
also relates that when Guntram entered Orleans in 585, the Jews joined
the other people in greeting him. Guntram believed that they had
1 lnfra, pp. 147-148.
2 C. Th., VII, 8, 2; XVI, 8, 9, 12, 20; N. Th., 1n, 8; N. J., CXLVI, 1 pr.
1 c. Th., VII, 8, 2.
Severus, Ep. de Judaei1 (PL., xx, 787).
1 Supra, p. U.
78
74 Tite ./ews in the Kingdoms of Spain and Gaul
acclaimed his arrival in the hope that he would rebuild for them the
synagogue which the Christians had destroyed. This he vowed never
to do. 1
Not content with a tolerance de Jacto, the Church obtained one de jure.
By a legal inconsistency, the law considered the transformation of
synagogues into churches as a molimen, an infraction, but decreed that the
fait accompli must be respected. The Jews, however, were allowed to
replace the synagogue by another constructed at their own expense on
a site which the Church had to give them. 2 The objects taken from the
synagogue had to be restored. 3 If, however, they had already been used
for Christian worship, only the price had to be returned.
Another Roman law forbade the Jews to construct new synagogues
without special authorization. 4 A law of Theodosius 11 decreed that
synagogues constructed without such permission were to be transformed
into churches. 6 This law could not have been invoked in Gaul very often,
innsmuch as the Jews undoubtedly continued to erect new synagogues.
Guntram, as we have seen, refused to sanction the construction of a new
synagogue at Orleans. 6 The Roman law permitted the Jews to rebuild
synagogues which had been demolished; the Jews of Orleans may have
had this law in mind when they flattered Guntram. 7 When Chilperic
ordered the compulsory baptism of the Jews of his kingdom, synagogues
were naturally not tolerated. Hence we find mention of a secret syna-
gogue in Paris, to which the Jew Priscus, Chilperic's jeweler, went. 8
Contrary to the law, Louis the Pious seems to have allowed the Jews
to erect new synagogues. 9
Synagogues could not be used for the metatum, or the lodging of soldiers.
The law continued to protect synagogues, at least in theory, against the
1 Gregory or Tours, H.F. VUI, 1 (MGH.. Script. MmJfl., I, 826).
2 C. Th., XVI, 8, 25 (15 February U8). This law was so ineffective that it had to be renewed within
two months, C. Th., XVI, 8, 26 (9 April 428). Less than two months after the second law, lurther
spoliations made necessary a new law, C. Th., XVI, 8, 27 (8 June 428). Pope Gregory the Great
invoked this law in at least one case: Gregory, Ep., IX, 88 (October, 598); cf. S. Katz, 'Pope Gregory
the Great and the Jews,' JQR., XXIV (1988), 128.
1 The theft of the books from the synagogue at Magona took place in 418 beCore this law l\'as passed.
4 C. Th., XVI, 8, 22 (415), rene,.,ed in 428, C. Th., xn, 8, U and XVI, 8, 27. It was adopted by the
canon law, Deeretal. Gregor. IX, v, 6, 8, 7 (Friedberg, Corpm iurn canonici, u, 772, 778).
1 Noo. Th., m, 8.
1 Gregory of Tours, H.F., VIII, 1 (MGH., Script. Meroo., r, 826).
7 On the basis of this passage G. Caro, Sozial- und Wirchafuguchich.U der Juden im MitUlalUr
(2d ed., Leipzig, 1924), I, 90-91, argues that the Jews or Gaul lived according to Roman law. Aronius,
&guten, p. 18, No. 48, on the other hand, says that the sourre does not bear out this hypothesis.
See infra, pp. SS fJ.
1 Gregory of Tours, H.F., YI, 17 (MGH., Script. MerOfJ., 1, 259-260).
1 Agobard, Ep. 7 de inaolentia Judaeorum, c. 5 (MGH., Ep., v, 184; PL., crv, 74): 'Duro eis contra
legcm pc-rmittitur novas synagogas extruere.'

Institutions and 01ganization of Jewish Community 75
abuses of the functionaries who wished to subject them to the metatum. 1

The Roman law prohibited the occupation of synagogues either
directly by Christians or pagans, or indirectly by the introduction of
pagan or Christian images or objects of worship which might interfere
.with Jewish \vorship. 2
The Arian kings of Visigothic Spain followed the Roman law concerning
synagogues. Alaric adopted the law of Theodosius 11 which forbade the
construction of new synagogues or the repair of old ones without special
authorization. The penalty was the transformation of the synagogue
into a church and a fine of fifty pounds of gold levied on the builders. 3
The Catholic kings who forced the Jews to baptism must have closed
or transformed the synagogues. Swinthila may have permitted them
to use their synagogues, when he allowed thcm to return to Spain after
the exile ordered by SisebuL' But whenever the Jewish cult was inter-
dicted, the synagogues must have been seized and destroyed, 6 and the
Jews forced to hold their religious services in secret.
In addition to the synagogues in Spain and Gaul which we have already
mentioned, there must have existed as early as 331 a synagogue at
Cologne. A law for that place mentions archisynagogi, hierei, paires
synagogarum, and others qui synagogis deserviunt. 8 The scholion to
the edict of excommunication by Aurasius, bishop of Toledo, mentions a
synagogue at Toledo. 7 Another at Lyons between 830 and 850 is men-
tioned by the writer of the Ietter regarding the baptism of Jews. 8
2. ScuooLs
The study of the Law and of Jewish history was part of the activity
of the J o?wish community. Although we are informed about the higher
schools of Jewish studies in Palestine, we are almost completely ignorant
about those of the Diaspora. The Visigothic king Erwig decreed that
every Jew or baptized Jew, more than ten years of age, who read, heard,
or Iearned the Jewish doctrines, or taught them would be punished by
decalvatio and one hundred blows of the lash. &
1 C. Th., vn, 8, 2 (568? 370? S7S?) ( = C. J., 1, 9, 4) addressed to Remigius, magter officiorum oC
Gaul. The identification, however, is uncertain.
2 N<YC. J., CXLVI. A concrete case is afforded by Gregory, Ep., IX, 195 (599).
1 N<YC. Th., III, s. 5.
t Joseph ba-Kohen, 'Eme[c ha-Bakah (transl. Wiener, p. 5; tranl. Se, p. 8).
1 At the Sixteenth Council o Toledo (693) Egica says in his tomu.Y (MGH., L. J'i.tig., p. 482;
Gonzaez, 559; Mansi, xn, 62): 'Et infidelibus Iudaeis ridiculum afJert, qui dicunt, nihil praestitisse
interdictas sibi ac destructas fuisse synagogas, cum cemant pejores Christianorum effectas esse
baslicas.'
c. Th., XVI, 8, 4 (SSl).
7 l,. Ramirez de Prado, Luitprandi Cremooe1188 episcori opera (Antwerp, 1640). p. 524.
3 Ep. de baptizatis Hebraeis (MGH., Ep., v, 289; PL., CXIX, 422).
9 L. Vi.rig., XII, S, 11.
76 T he .Jews in the K ingdoms of Spain and Gaul
We may assume that the Jews of Gaul were permitted to teach and
study in their own schools. No extant law rules on these schools. On
the contrary, a number of Jewish legends testify to the liberal policy of
Charlemagne. According to one account 1 he asked the Caliph at Bagdad
for a rabbi to instruct the Jews whom he had allowed to settle in Nar-
bonne. He is supposed also to have commanded the learned Jew Kalon-
ymus of Lucca to found a Jewish school at Mainz. 2 These legends will be
analyzed in connection with the account of the Prince or N asi of
Narbonne.3
3. CEl\fETERIES4
It is not possible to say if any Roman laws attempted to protect the
Jewish cemeteries during the Christian period. No laws analogous to
those regarding synagogues regulated the location of cemeteries. The
Arian kings of Spain probably showed the same tolerance as the Roman
emperors. The provincial council of Narbonne, however, profiting from
the conversion of Recared to Catholicism, forbade the Jews to conduct
their dead to the cemeteries with psalms, under penalty of paying a fine
of six ounces of gold. 6 But this disposition did not receive royal con-
firmation and did not have the force of law. It did not affect the legal
status of the cemeteries, which probably enjoyed the protection of the
law when the Jewish religion was tolerated.
4. THE CENTRAL RGANIZATION OF TIIE JEWS OF THE DIASPORA
The Jewish chief of Palestine was considered by all the Jews, even by
those of the Diaspora, as the supreme authority. The Romans, too,
frm the period of the Maccabees, considered him the chief authority of
the Jews; they treated with him in behalf of the Jews of the Empire.
Julius Caesar seems, indeed, to have accorded to Hyrcanus 11 the title
of Grand-Priest or Ethnarch, not only of Palestine, but of the entire
Jewish people. 8
After the destruction of the Temple, the Romans prevented the Jews
from reconstituting a state with an independent ruler. But they recog-
nized a chief, sui generis, a sovereign without territorial power, but a
spiritual ruler, as it were, of ali the Jews of the Empire. In his relations
1 Abraham ibn Daud, Sefer ha-Kabbalah (ed. A. Neuhauer, Medi~l Jw;Uh Chroniclu in Anecdota
O:ronienaa, Semitic Series, 1, Part 4 [Oxford, 1887), 1, Si?).

2 Joseph ha-Kohen, 'Emelc ha-Bakah (transl. Wiener, p. 8; transl ~.p. 12).
1 Appendix m, infra, pp. 159 ff. .
See Appendix 1, Inscriptions.
1 Council of Narbonne, c. 9 (Gonzalez, 661; Mansi, IX, 1016).
1 Josephus, Ant. Jud., XIV, 10, 2, 8, li?, an edict of Caesar: 'i6Y:p;c1)<; -rwv 'lou~.>11 or :p;curpau<; xal
t611:p;c1)<; -rwv 'loul!cz.>11.'
Institutions and Organization of Jewish Community 77
with the Jews of the Diaspora this chief was after a fashion the successor
of the ancient ethnarch. In the Theodosian Code he is called patriarcha, 1
but the Church Fathers employ the terms patriarch and ethnarch inter-
changeably. In Hebrew he was called N asi or prince. Origen relates
that the office of the patriarch was like that of a king. 2 The Jews add
that he was a monarch of Davidic origin. 3
After the extinction of the house of Hillel, in which the office of
patriarch was hereditary, the Christian Roman emperors did not permit
the offi.ce to pass to another family. 4 The Jews of the Empire found a new
chief of whom little is known. He no longer bore the title of patriarch,
but that of archipherecite, as Justinian and the Jewish sources inform us. 6
He was president of the Sanhedrin, the legislative and judicial organiza-
tion of the Jews. 8 In Roman law he enjoyed neither prerogative nor
honor. 7
The Palestinian archipherecites continued to exist for several centuries,
but their lack of power prevented them from exercising any real authority,
and the Jews turned to the Babylonian exilarch. This official, who
enjoyed greater privileges and honors under the Persians than the
Palestinian patriarch had ever had, became the spiritual ruler of the
Jews of the world until the late Middle Ages. Isidore of Seville refers to
him:
Iudaei autem pervivacia impudicae frontis dicunt nondum esse id tempus
expletum, mentientes nescio quem regem ex genere Judae in extremis Orientis
partibus regnum tenere. 8
In a passage which is almost certainly borrowed from Isidore, Julian of
Toledo also refers to the exilarch:
An forte adhuc in impudicae frontis pertinacia perdurantes, illud objicitis, quod
1 c. Th., u, 1, 10; XVI, 8, 8, 22, 29.
t Origen, Ep. ad Africanum, 114 (PG., XI, 84).
1 Midrash Genui.I Rabbah to Genesis, XLIX, 10: 'And the sceptre of .Judah. . . . ' Jerome.
In P1alm. LXXXVIII (Anecdcta Maredlolana m, 8, 51-52): 'Iudaei dicunt, quod Dominus cum
iuramento promiserit, ut de semine David non deficiat in eis dux sive princeps, quod nunc patriarchae
eorum et dicunt: Ecce usque hodie custodit Dominus iuramentum suum nobis. . . . ' See
infra, p. 160, for the stories of the Davidic origin of the Narbonne Ncui.
4 C.Th., XVI, 8, 29 (429).
'The Seder 'Olam (Chronicle of iM World) (ed. Neubauer, Mediaerial Jeunah Chronicle1, 11, 26-27),
wmposed about the second century, speaka of the-n:>1i1l ~Mi, ruh pirke, as the Jewish chief.
From this Hebrew word the Jews formed the Greek term clpx.cfepn.('t'l)i;, which Justinian uses in
his Nuoe/la, CXLVI, 1, 2.
1 Seder 'Olam, loe. cit., 1iiruc tci, rula 1anhedr1, 'president of the Sanhedrin.'_
7 Not1.J., CXLVI decreed corporal penalties against him if he did not rule in accordance with the
disposition of the Not1ella regarding the Jewish divine service.
Isidore ol Seville, De fi.e catlwlica, 1, 8, 2 (PL., LXXXIII, 464). Note that the Jews seem also to
have assigned a Davidic origin to the exilarch.
78 Tite Jews in the Kingdoms of Spain and Gaul
parentes vestri solent mentientes proponere, esse hodie nescio quem regem ex
genere Judae, qui in extremis Orientis partibus videatur regnum tenere?1
The hypothesis of Harkavy 2 that Isidore (and Julian) refer to the king
of the Chazars, Russian converts to Judaism in the ninth century, 3
is too :flimsy to be accepted. The date of the Chazars is so uncertain that
we cannot accept the opinion that they were already converted in the
time of Isidore (early seventh century). 'In extremis Orientis' refers to
Babylonia rather than to Russia. The Jews of Visigothic Spain may,
then, have accepted the authority of the Babylonian exilarch.
Immediately below these central authorities were Jewish chief officials
for each province. The laws call these minor patriarchs patriarchae'
or primates. 6 These officials were named at first by the grand patriarch
of Palestine, and, after the extinction of the patriarchy, by the Sanhedrin.
A Jewish source for the Nasi of Narbonne relates that he carne from
Babylonia. 6 He may, then, have been named by the Babylonian exilarch.
The office of N asi, the Hebrew term for prince or patriarch, of N arbonne
was preserved by the Jewish family of Kalonymus until the later l\Iiddle
Ages. 7 Similar officials probably existed in the larger settlements of the
Jews in Gaul, and possibly in Spain. Unfortunately the sources tell us
practically nothing about their functions and privileges.
5. TuE LOCAL RGANIZATION OF THE JEWISH CoMMUNITIES
The Jewish community had certain rules of interna} administration

based upon its needs and differing from one city to another. The ensemble
of the offices which are to be discussed naturally existed only in the impor-
tant communities, since the small ones did not have need for a complex
administrative system. We are not well informed about the local organi-
zation of the Jewish communities in Spain and Gaul, but it is possible at
least to supply an outline of the system.
The name given to the community itself varied. At Elche in Spain
it was called A.cx6i;. 8 In Visigothic Spain it was called the conventus
1udaeorum. 9 The term l udaei was generally employed in Gaul through-
out the Middle Ages.
1 Julian of Toledo, De comprobatiOM aetati.r, 1, 21 (PL., XCVI, 558).
2 A. Harkavy, 'Additions et rectifications a l'histoire des Juifs, de Graetz,' REJ., V (1882), 208, n.
1 H. Rosenthal, 'Chazars,' JE., IV, 1-7.
4 C. Th., XVI, 8, l (81.5).
a ]bid., XVI, 8, 8 (892); XVI, 8, 29 (=C. J., 1, 9, 17) (426).

6 Abraham ibn Daud, Sefer ha-Kabbalah (ed. Neubauer, 1, 82).
1 See Appendix m.
8 lnfra, pp. 147-148.
9 L. Vi8ig., XII, s. 21, 26, 28.
lnstitutions and Organization of Jewish Community 79
At the head of the community there was a council called the geruS'ia. 1
It was composed of severa} members who were called ~pea~'tepot, or
senwres, 'elders'. 2 The inscription at Elche mentions the ~pea~npot A.ao[],
'the elders of the community ,' 3 and the Theodosian Code as well as the
Code of Justinian refer to the presbyteri. 4 The number of these elders
varied, and we do not know the conditions of eligibility or choice. The
council itself was the chief assembly of the community. It was the
aclministrative body in charge of the community finances. It guarded the
religious life of the members of the community, and represented members
before the non-Jewish authorities. It also exercised, probably by delega-
tion, the civil jurisdiction in the community.
The president of the council was usually called geruS'iarch, but some-
times e~ta'tC'tl)<; 'tWY ~GlAGttWY. The term pater patrum which Severus
applies to Theodore, a Jew of Minorca, is probably a Latin equivalent.5
In the larger Jewish centres this office was exercised by the Jewish chief
of the province, that is, the minor patriarch. We may assume that this
was one of the functions of the N aS'i or patriarch of N arbonne. Elsewhere
it was the religious chief, the archisynagogus who most often held the
presidency of the council. In the Vita S. Austremonii, the first bishop of
Auvergne, we learn that he was slain by a Jew after he had been cap-
tured by the Judaeorum princeps. 6 This may refer to the president of
the council. We have no information about the powers or duties of
this official.
The archontes mentioned in the inscription at Elche7 were members of
the council of elders, elected by the whole community, generally for one
year and sometimes for life. They were charged with executing the
clecisions of the council. There is no mention of the archontes in the
imperial laws. An explanation for this has been sought in the assimilation
of the two kinds of functionaries mentioned in the inscription at Elche,
apxov-rwv xe ~pe~u'topwv (sic). 8 In other words, they are called presbyteri.
The true explanation seems to be, however, that the archontes form part
of the council of presbyteri. Since the dispositions of the laws are applied
equally to all the members of the council, presbyteri, archontes, and
gerusiarch, there is no reason to cite specifically any one group in that
council.
1 Josephus, Bdl. Jud., vu, 10, l.
' The Hebrew lerm was tl '"i't, Zekenim.

1 lnfra, pp. 147-148.
4 C. Th., xv1, 8, 2, IS, 14: prubyteri; N~. J., CXLVI, 1: itp1a~6npo1 ; C. J., 1, 9, 15: 111nfore11.
5 Severus, Ep. ~ Judam (PL., xx, 788).
1 Vita S. Auatremonii, c. 2 (AASS., November, I, 61).
7 lnfra, pp. 147-148.
1 Juster, Emp., 1, 446, n. l.
Among those 'qui synagogis deserviunt,' the Theodosian Code men-

tions the patrea B'Jlnagogae to whom it accords certain immunities. On
11 December S21 the emperor Constantine ordered that the Jews of
Cologne (Colonia Agrippensi3), with certain exceptions, were to fulfil
the curial duties. 1 Hierei, archisynagogi, the patrea B'Jlnagogae, and other
functionaries of the Jewish community not specifically named were freed
from these onerous municipal duties. On l December 831 Constantine
decreed that these officials were to be exempt from personal service. 2
The Jews of Cologne seem, then, to have hada communal organization
similar to that of other Jewish communities in the Roman Empire.
The Theodosian Code does not inform us about this office, nor do the
references in Severus' letter regarding the Jews of Magona enlighten
us about the duties of the patrea 81/nagogae. Severus writes that Caecilia-
nus and bis brother Florinus were patreaJudaeorum at Magona.' Several
inscriptions show that the similar title of matrea B'Jlnagogae was also
conferred on women. 4 By analogy with. the pater et mater of the Roman
collegium,6 we may perhaps consider the pater et mater B'Jlnagogae as the
heads of the community. Since it was a religious and not a civil com-
munity, the law considered them as religious functionaries and granted
them certain immunities.
The religious chief of the community was called archisynagogus, rabbi,
or didascalus. The term rabbi, which was originally equivalent to the
English 'Mr' or the French 'Monsieur', appeared very late and gradually
replaced the other titles. In the Narbonne inscription Paragorus and
Sapaudus are qualified as domini. e This title is probably equivalent to
rabbi in the sense of 'Mr.' 7 The use of the titles didascalus and rabbi
interchangeably is a result of the later use of the term rabbi in the sense
of 'master' or 'professor.' Thus, Rabbi Machir was head of the Talmudic
school at N arbonne. 8 The term nunnus is used at least once, but it is
impossible to say whether this was more than an honorary title, conferred
on a leading member of the Jewish community.'
1 C. Th., XVI, 8, 8. Cf. ibid., XII, l, 99 (18 April 888)-c. J ., 1, 9, 5, by which the exemption of
the Jews from the decurionate was again withdrawn.
1 C. Th., XVI, 8, 4; cf. A. Kober, 'C6ln a/Rh.,' M. Brann and A. Freimano. G1T11UJnia Judace.
(Frankfurt a{M., 1917), 1, 1, 69-70.
1 Severos, Ep. ~ Judaei4 (PL., xx, 741).
'H. Vogelstein and P. Rieger, Ge6Chichte dM Judni in &m (Berln, 1896), 1, Inscriptions, No. 10.5.
Jd.nn.
Infra. p. 148.
7 For_the survival of thia tenn in France u late as the thirteenth century, eee G . Saige, IM JviJ1 dv
Langiudoc antbieurement au XJV litrte (Paria, 1881), p. 58.

1 Abraham ibn Daud, Sefer ha-Kabbalali (ed. Neubauer, 1, 82).
9 Formulae imperialu, 81 (MGH., Form.., p. 810): 'David, nunnum Davitis.' See DuCange,
Glo11arium, """ nonmu.
Institutions and Organization of Jewish Community 81
The archisynagogus was the religious leader of the community. He

presided over the religious assemblies, ruled concerning the divine service,
and, in general, supervised the celebration of the cult. Roman law
accorded him exemption from personal service and the curial obligations.
Since this law was specifically for Cologne, we may assume that the office
of archisynagogus was occupied there in the year 331.1
The scholion to the edict of excommunication passed by Aurasius,
bishop of Toledo (ca. 615), mentions one Levi Samuel, 'archisynagogus
Toletanae synagogae.' 2 The same scholion mentions a Rabbi Isaac.
The inscription at Merida in Spain bears the name of a Rabbi Samuel.3
A charter of formula was granted by Louis the Pious to Rabbi Domatus
or Dematus.4 It is not possible to say whether these rapbis performed the
duties of archisynagogi.
The priests, hierei, who are found at Cologne in 831,6 were members of
the priestly caste of the Jews, an office hereditary in the family of Aaron.8
After the destruction of the Temple, their sole function was to collect
the tithes from the Jews. In the Diaspora they could also perform the
reading of the Law, although they were not the only persons competent
to fulfill this duty. On certain holy days they pronounced benedictions
for the people of Israel. L~ke those 'qui synagogis deserviunt,' the law
granted them an exemption from the munera. 1
1 c. Th., XVI, 8, 4 (881).
1 L. Ramirez de Prado, Luitprandi Cremonen.ti11 epi11copi o>era (Antwerp, 1640), p. 5ft4.
1 lnfra, p. 146.
F<mnulae imperfolu, 80 (JIGH., Form. , p. 809) .
' c. Th .. XVI, 8, 4.
Exodus, xxvm, l .
7 c.
Th . XVI, 8, 4.
CHAPTER VII
THE CIVIC STATUS OF THE JEWS
RO:MAN law had been applied to the Jews by the pagan emperors, and
this principie continued under the Christian emperors1-'Judaei
Romano et communi iure viventes.' 2 In theory, too, the Jews continued
to be considered as Roman citizens even after the collapse of the Western
Roman Empire. Thus, the Ostrogoths under Theodoric continued to
apply to the Jews the dispositions of Roman law, and recognized them as
having the inherent rights of Roman citizens. In rebuking the people
of Rome for pillaging and burning a synagogue, Theodoric wrote:
Libenter annuimus, qui iura veterum adnostram cupimus reverentiam custodiri.3
In his famous edict he proclaims:
Circa ludaeos privilegia legibus delata serventur: quos nter se iurgantes et suis
viventes legibus eos iudices habere necesse est, quos habent observantiae
praeceptores.4
Pope Gregory the Great seems also to have considered the Jews as
Romans, and applied Roman law to them, 'Sicut (Judaei) Romanis vivere
legibus permittuntur '6
l. SPAIN
In the Lex Romana V isigothorum, that is, in the legislation which they
reserved for Roman subjects, the Arian Visigoths adopted certain laws
relative to the Jews which had been promulgated by the Theodosian Code.
The Jews were considered as Romans by Alaric 11,8 hence the place for
the Iaws which concerned them was in a codification made for the Romans.
There were two kinds of Romans in the kingdom, Catholics and Jews.
But it is curious that while maintaining the Roman law for his Roman
1 Juster, Emp., u, 1-~. has examined the sources relating to the Jews in the Roman Empire.
2 c. Th., U, 1, 10 (897).
3 Cassiodorus, Variae, IV, SS (MGH .. AA., xn, 128-129); cf. v, 87 (MGH., AA., xn, 163-164). In
1v, SS, the Jews themselves refer to Roman law.
4 Theodoric, Edict., t 148 (MGH., gu, v, 166).
i Gregory, Ep., u, 6 (591). cr. my article, 'Pope Gregory the Great and the Jews,' JQR., XXIV
(1988), 113-187.
8 C. Th., 11, 1, 10; Brev., 11, 1, 10 and lnterpretatio: 'ludaei omnes qui Romani esse noscuotur.'
CC. L. Vsig., xn, 2, 14: 'Libertare vero servum christianum Hebreus si maluerit, ad ch;um Roman-
orum dignitatem eundem manumittere debebit.' Cf. M. Torres, Leccionu de hi81oria del derecho
upaflol (Salamanca, 1985), n, 108-109.
82
Civic Stcdus of the J ews 83
subjects, Alaric, an Arian, maintained at the same time the relation

which existed in the Empire between Jews and Gatlwlics. 1 When at bis
order the Lex &mana V isigothorum or Breviarium Alaricianum was
compiled, the mass of Jewish legislation was greatly simplified and
reduced; contradictory and purposeless laws were eliminated, and only
such enactments were retained as Alaric intended to enforce. Thus the
number of laws appertaining to the Jews was reduced from fifty-three to
ten. 2 But in these ten laws the Jews were considered as Romans.
After the abrogation of the Breviarium by Receswinth in 6.54, the
Jews were probably subject to the same law as the rest of the inhabitants
of the kingdom. 4 Spain, as we have seen, became the more violent in
its persecution of the Jews. At the same time various privileges were
withdrawn from them and they became subject to both social and legal
disabilities.
In the Lex Romana Guriensis& which is late (eighth century), 8 but
based on the Breviarium Alaricianum, the Judaeus and his lex are con-
trasted with the Romanus and his lex; the Jew is not considered a Roman
citizen. 7
2. GAUL
a) Merovingian Period
There is no unanimity of opinion as to the status civitatis under the
Merovingians. We may review these opinions briefly. Waitz, 8 Gasnos, 9
Caro, 10 and Loening11 suggest that the Jews of Merovingian Gaul were
regarded as Romans and lived according to Roman law. Klimrath 12
considers the Jews as strangers in Merovingian law. Heusler13 and
1 Cf. for example N~. Th., m, 8, where a newly erected synagogue is to be transformed into a
Catlwlic church.
2 1\L Conrat (Cohn), 'Westgotischer und katholische Auszge des sechzehnten Buchs des Theo-
dosianus,' Z. der Savitny-Stiftungfr Rechgeachichte, Kanontche Abteilung l, xxxn (1911), 85-86.

1 L. Ving., 11, 1, 6 and 6.
Cf. F. Dahn, Die Konige der Germanen (id ed., Leipzig, 1885), v1, 411, n. 8, and Torres, op. cit.,
II, 108-109; 194 ff.
' z Romana Curien, u, l, 8.
M. Conrat, Geachichte der Quellen imd Literatur dea romiachen Rech im frheren Mittelaltm-
(Leipzig, 1891), 1, 286-292, dates it before the year 766.
7 B. Brunner, Deuche Rechgeachichie (2d ed., Leipzig, 1906), 1, 408, n. 2. The explanation of
L. R. von Salis, 'Lex Romana Curiensis,' Z. der Sauigny-Stiftung fr Rechgeschichie, Germantche
Abteilung, VI (1885), 148, n. 2, is insuflicient, since he does not explain clearly the distinction between
Romanua and Judaetu.
! 8 G. Waitz, Deuclu Verfaatung1geachichte (Sd ed., Berlin, 1882), 11, 1, 271.
' X, Gasnos, ttude hturiqtu tur la condition du Juifa Jaru l'ancien droit franr;ai1 (Angers, 1897),
p. H.
/ 10 G. Caro, Sozial-und Wirtachaftage1chichie dm- Juden im Mittelaller (2d ed., Leipzig, 1924), 1, 89.
' 11 E. Loening, Geachichte du deutachen Kirchenrechia (Strassburg, 1878), n, 51-55.
12 B. Klimrath, Travauz mr l'hiatoire du droit fraru;aia (Paris, 1848), 1, 405.
' 11 A. Beusler, lnltitutionen du deutachen Priootrechia (Leipzig, 1885), 1, 147.
84 The Jews in the Kingdom,.y of Spain and Gaul
l\'1elicher1 believe that the Jews, as enemies of the Christian church,

were subject to legal disabilities, and did not count as citizens. Dahn2
assumes that the Jews as strangers were without legal status and were
not regarded as Romans. They acquired certain legal rights only
through royal grant. Hence they did not live like the Romans according
to Roman law. Schroder says:3 'Ein Volksrecht besassen sie nicht,
weder das romische, noch das jildische.' The legal protection which they
enjoyed rested specifically on privileges granted by the king. lt was
extraordinary, inasmuch as it was limited to certain Jews. Schipper,
too, believes that the Jews lost their status as cives Romani under the
Merovingians, and that they were the only foreign people settled in the
Germanic states. 4 In Gaul this happened by the second half of the
sixth century. So he explains the expulsion of the Jews by Chilperic in
582 and by Dagobert in 629.
We may perhaps summarize as follows. At the time of their occupation
of Roman soil the Germanic tribes found inhabitants belonging to two
foreign groups, the Romans and the Jews. The Romans were considered
as equal in law to the natives, and Roman law remained in force for them.
In certain states, moreover, like Visigothic Spain and in Burgundy,
this Roman legislation was formed into corles for them, the Lex Romana
Visigothorum and the Lex Romana Burgundionum r~pectively. For the
Jews in these places the Roman laws held good. This civic status
changed, however, when these states, which had been Arian hitherto,
beca.me Catholic. The Romans and the natives, between whom there
was no longer any difference in religion, became ever more assimilated.
As a result, the Roman law nqw lost its significance and force. Since
they had no status in the laws of the natives, and since Roman law,
including enactments concerning Jews, had lost its force, the Jews were
now not only considered as foreigners, but without civic or legal status.
Their lives and their property were not regarded in the law, and hence-
forth they were merely tolerated. 6
b) Carolingian Period
In Carolingian Gaul the Jews w~re counted as strangers without legal
rights. The charters granted to individual Jews by the Carolingian
1 T. Melicber, Der Kam'Pf ZtDchtn Ge1etzu.. unil Gewohnheil1recht im We.tlgotenreicht (Weimar,
1980), p. 91.
t F. Dahn, Die Konige der Germanen (Leipzig, 1894), vu, 1, 807; vu, 8, 20.
z R. ScbrMer (and E. v. KUnssberg), Lirbuch der deul$CMn Rechtageschichte (6tb ed., Berlin, 1922),
p. 221.
4 1. Schipper, 'Anl'llnge des Kapitalismus bei den aht"ndliindiscben Juden im rUberen Mittclalter.'
Z.fr Volk1Wirt1chaft, Sozial]JOlilik und Verwallu11g, xv (1906), 511-512.

1 Cf. Brunner, op. cit., 1, 402.
Civic Stafas of the J ews 85
rulers do not depend upon Roman law, as they would if the Jews lived
according to that law. 1 During this period certain specifically named
Jews were received into the protection of the king, who could offer it to
ali or individual Jews. He was not, however, forced to do so, as he was in
the case of Roman citizens. If he wished, he could give only limited and
specified privileges; if he so desired, he could rescind them.
Scherer divides the laws concerning the Jews into two classes, accord-
ing to the principies from which they derive and their tendencies. 2
l. The laws which protected the Jews as members of a foreign religion
opposed to that of the state. These enactments protected them partly
by preventive, partly by repressive measures. They granted the Jews a
limited tolerance of their religion and cult, and guarded their lives,
personal freedom, and possessions from violence. This was the treatment
accorded the Jews by the Germanic peoples.
2. The laws of the second group regarded the Jews as members of a
foreign nation or as foreigners. They were to be treated, therefore,
according to the la w for such people. This was the practice in Carolingian
Gaul.
The protection of certain Jews in Carolingian Gaul could hardly be
explained, if Roman law counted as personal law for them. In the
charters and capitularies of the Carolingians, the lex of the Jews refers
not to Roman, but to Jewish, law. So, in two charters granted certain
Jews by Louis .the Pious, 'they are permitted 'secundum legem eorum
vivere'; 3 in another charter, 'secundum legem suam vivere.' 4 In a
capitulary, the authenticity of which is doubtful, it is stated:
Si Judaeus contra Judaeum aliquod negocium habuerit, per legem suam se
defendat.
The Jews did not have the wergild of the Romans. For the murder of a
.ftew granted special protection, a fine of ten pounds of gold was Set. The
Jne was to be paid not to the kinsmen of the murdered Jew, but to the
fiscus. 8 The Jews had to submit to the Frankish law of proof, the trial
by ordeal, which was otherwise used only ir the case of Christian slaves.
Louis the Pious' charters to the Jews grant them exemption from the
trial by ordeal. 7 Hence, ex argumento a contrario, Jews were ordinarily
1 Brunner, op. cit., 1, 408; Dahn, op. cit., VII, 1, 807; Wait2', op. cit., m, 847, n. 2; A. Hel.IJerich,
'Zuro CapituUir11 Karoli M. de Judaeia,' Z. fr Recht1tguchichte, n (1868), 420.
2 J. E. Scherer, Die Rechlnerhiiliniaa11 der luden in den deut.8ch..Q1tlerreichilcM11 Landern (Leipzig,
1901), pp. S-7.

1 Form~ imperialu, SO (MGH., Form., p. S09); 81 (op. cit., p. 810).
'/bid., 52 (op. cit., p. 825).

1 Capitula de Judaeia, c. 6 (MGH., Capit., 1, 259).
Form~ imperialu, SO and 81 (MGH , 'Ufm., pp. 809, 810).
7 lbid., so.
86 T he J ews in the K ingdoma of Spain and Gaul
subject to it. Eschelbacher1 objects to Scherer's statement2 that the

Jews were not free, because they were subject to the tria) by ordeal and
whipping, both of which applied otherwise only to Christians of servile
origin. In support of Eschelbacher we may cite an edict of Charles the
Bald in 864 which decrees that for the crime of counterfeiting, coloni and
slaves shall be punished by whipping; Jews and free men by a fine in gold. 1
In addition to these distinctions, the Jews of Carolingian Gaul had to
have more witnesses ata trial than did the Christians,4 and had to swear a
distinctive oath. 6
Under the Carolingians, then, a characteristic protective law seems to
have been developed for the Jews.8 For, under Louis the Pious charters
were granted to foreign Christian merchants, in which the same protection
that the Jews enjoyed was accorded them: 'liceat illi quieto
ordine vivere sicut ipsi Judaei'; 1 'liceat eis, sicut Judaeis,
partibus palatii nostri fideliter deservire.' 8 The Jews, including the
privileged ones, were regarded as foreigners, and foreign Christian mer-
chants were included in the same law.
In the later Middle Ages all Jews were received under the special
protection of the king. 9 In the time of Louis the Pious, however, only
individual Jews, by the act of commendat,io, were received under his
protection (defensio, 10 mundeburdum et defensio, 11 or tuitio12 ). Com-
mendatio is mentioned specifically in only one charter. 13 Hence Ehren-
berg14 argues that not every Jew could come under the protection of the
king through commendatio. Only those who could serve him were
admitted. Thus, in the charter granted to Rabbi Domatus there is no
1 M. Escbelbacber, Review o( Scherer, Die &chtntJrlill.nia1e, etc., MGWJ., XLVI (1902), 890.
1 Scherer, op. cit., p. 64.
1 Edictum Pi81en11e, c. 28 (MGH., Capit., 1, 820).
4 Capitulare mi1110TUm Aquiagra1W111e alterum (809), c. IS (MGH., Capit., 1, 152).
Capitula de Judaeia, c. 4 and 5 (MGH., Capil., 1, 258-259).

1 Th. v. Sickel, 'Beitrage zur Diplomatik m,' Sitzung1berichte der kaiaerlichen Akademu der Wia1-
en11chaflen, Phil.-hist. Classe, LVII (Vienna, 1864), 254, followed by Brunner, op. cit., 11 404.
7 Formulae impmalu, S2 (MGH., Form., p. 8ll).
1 lbi.d., 87 (op. cit., p. 815). M . Tangl, 'Zum Judenschutzrecht unter den Karolingem,' NA.,
XXXIII (1907), 197-200, disagrees with this interpretation. In place of 'sicut ipsi Judei,' he reads,
'sicut iam diximus,' and in place of 'sicut Jude.,' 'sicut diximus.' He attempts, aJtbougb bis &rfP;l
ments are not very ronvincing, to show that 'Judei' and 'diximus' are often confused in the Tironian
script, in which the Formulae imperiales are writtcn.
9 O. Stobbe, Di.e Juden in Deuchland wahrend du Mittelaltera (Bmnswick, 1866; anastatic
reprint, Berlin, 192S), p. 5.

1Formulae imperiale1, SO (!IGH., Form., J>. 809); SI (op. cit., p. 810).
11 Imd., so and SI.

12 lbid., 52 (op. cit., p. 825).
u Imd., 52.
14 V. Ehrenberg, Commendaticn und Huldigung naehfriinkchem &chl (Weimar, 1877), p. 74.
Civic Status of the J ews 87
mention of commendatio, because the rabbi could not perform military

service for the king. 1
Only five charters granting protection to certain Jews are extant; 2
undoubtedly others were given. Those who did not receive these charters
or patents were not protected. If the patents were lost, they were
renewed. 3 For these privileges the Jews mentioned in the Formulae
imperiales had not only to perform specified duties at the palace, 'partibus
palatii nostri fideliter deservire,'' but later had to pay yearly taxes. In
846 Amulo asked the king not to neglect the canons of the Church regard-
ing thc Jews, because of their annual taxes and gifts.&
The first extant charter was granted to Rabbi Domatus (or Dematus)
and his nephew Samuel. 5 Another was given to David, Joscph, and their
kinsmen in Lyons. 7 A third was granted to Abraham, a Jew from
Saragossa. 8 Louis the Pious issued these patents before 825. No one
was to harm or disturb these Jews, or to take any of their possessions from
them or to force them to pay taxes or perform any services. A fourth
charter, granted in 828 to certain merchants, stipulated that no one was
to harm them or to rob them of their ships. This charter, unlike the
others, had the clause that the merchants were to report every year or
every other year in the middJe of May to give a part of their profits to
the palace. 9 The fifth charter1 will be discussed in connection with the
ownership of land by Jews. 11
Under the influence of the Church, as we have seen, ali the Germanic
peoples finally considered the Jews ethnically as strangers, and in religion
as infideJs. 12 For these reasons they were deprived of civic rights and
became subject to special disabilities, which will be discussed in the
following chapter.
1 Formulae imperialu, SO (MGH., Furm., p. 809).
The charters to Jews are also mentioned in Abraham ibn Daud, Seft'T ha-Kabbalah (ed. ~eubauer,
2
Mediaeral Jewish Chroniclu, 1, 82), and Agobard, Ep. 7 de in.tolentia Judaeorum, c. 2 (J/Gl/., Ep., \",
188; PL., CIV, 71).
3 A charter which was renewed is found in M. Bouquet, Recueil du hi8torieM du Gaulea et de la
France (rimpression, Paris, 1867), YI, 62-1, No. 282; Devic and Vaiss~tte, lli8toire gb1irale de
Langued-OC (ed. Paris, 1780), 1, preuves, p. 75, No. 54; (e<l. Toulouse, 1875), n, 211, No. 97 (54) .
'Farmulae imperiale8, SI, S7, 52 (MGH .. Furm., pp. SIO, Sl4, S25).
5 Amulo, Ep. contra Judaeoa, c. 44 (PL., cxv1, 172).
1 Formtdae imperialea, SO (MGH., Furm., p. S09).
7 lbid., SI (op. cit., p. 810).
8 lbid., 52 (op. cit., p. S25).
t !bid., S7 (op. cit., p. S14-S15).

10 Supra, n. S.
u In/ra, p. 95.
12 Juster, Emp., u, 27.
CHAPTER VIII
LEGAL PRIVILEGES AND DISABILITIES OF THE JEWS

l. MARRIAGE
D URING the pagan period no Greek or Roman law forbade the Jews
to marry with pagans, and these mixed marriages, although pro-
hibited by Jewish law, 1 were not infrequent. Christianity attempted to
segregate the Jews by forbidding marriages with infidels. The Church
Fathers inveighed against these marriages. 2 The councils of the Church
took up the question, and their interdictions were introduced into the laws
of the Roman Empire.
In 339 Constantius declared the marriage of a Jew and a Christian a
turpe consortium, and decreed the capital penalty for the two parties.'
The enactment concerned only the marriage of a Jew with a Christian
woman, but not that of a Christian with a Jewess. Theodosius 1 extended
the prohibition to both cases. He considered such marriages adultcrous,
hence Iiable to the same capital penalty. 4 Justinian reproduced this
law in his Code. 5 l\:Iixed marriages continued to be regarded as adulter-
ous. But since Justinian changed the punishment for this offense, he
must also have changed the penalty for mixed marriages. A difficulty
presents itself in those cases where the husband is a Christian and the
wife a Jewess. Until Justinian's time both parties received the same
punishment. Justinian, however, enactcd the death penalty for the man,
but sent the woman to a convent. 9 In Judeo-Christian marriages it
would be impossible to send the woman, if she were Jewish, to a convent.
The solution he adopted is not known, although we have examples of
legal action against such mixed marriages. 7
1 Gencsis, xxxrv, 1~17; Deuteronomy, vn, S.
'In Christian literature the first prohibition is found in Epiphanius, Haeruu, LXI, 1 and 5 (PG.,
xu, 1040, 1045) and Ambrose. De Abrahamo, 1, 9, 84 (PL., xiv, 451). But these writers were probably
not the first to pronounce such interdictions, since the Council o Elvira (506) included these prohibi-
tions in its canons (c. 16, 78). These measures of the Council must have been preceded by literary
propaganda.
a C. Th., xvt, 8, 6 (SS9).
'/bid., m, 7, 2 (888): 'Ke quis christianam mulierem in matrimonio Iudaeus accipiat. neque
Iudaeae Christianus coniugium sortiotur.'
C. J., 1, 9, 6; r. Th., m, 7, ~-
NOf'. J., CXVII, 8, and CXXXIY, 10.
7 Thus in 591 Pope Gregory the Great intervened to prevent the prosecution of Johenna, a Jewess
or Sicily, who had been baptized only arter her betrothal to a Christian; Gregory, Ep., I, 69.
88
Legal Privileges and Disabilities of J ews 89
a) Spain
The church council which met in Elvira in 306 was the first to prohibit
the marriage of Jews with Christians under penalty of excommunication. 1
The Breviarium Alaricianum reproduced the disposition of the Theodosian
Code which adjudged marriages between Jews and Christians adulterous. 2
Anyone had the right to denounce the marriage to the proper authorities.
Under the influence of the Third Council of Toledo (589), Recared,
the first Catholic king, extended the prohibition to concubinage. He
introduced a new penalty, which was probably added to the old one.
The children born of mixed marriages or concubinage were to be baptized
by force. 3 Sisebut adopted the measure relative to the baptisru of children
born of mixed unions. He enacted that the Jewish party should become
baptized; otherwise he or she was to be sent in to permanent exile and the
union dissolved. 4 The Fourth Council of Toledo repeated this measure,
although it withdrew the edict of exile. 6 Receswinth, however, confirmed
the whole measure and included it in his Code. 6 Since he had forbidden
the Jewish cult and permitted only baptized Jews in bis kingdom, Erwig
did not have to interdict marriages between Jews and Christians. When
his successor Egica reduced the Jews to slavery, he made an exception in
the case of their children. They were to be baptized and married later to
pious Christians. 7
The Visigoths concerned themselves not only with the problem of
mixed marriages, but actually ruled on the form of purely Jcwish mar-
riages. Under the Arian kings and under certain of the Catholic kings,
marriages between Jews could be performed according to their own rites.
These ceremonies were necessarily prohibited by those kings who, like
Sisebut, did not permit non-baptized Jews in the kingdom, or who, like
Receswinth, interdicted all the Jewish ceremonies. Receswinth punished
by death those who celebrated marriages with Jewish rites. 8 Erwig went
a step further and imposed the celebration by a Catholic priest and the
making of an act of dowry. The punishment, however, was relatively
mild. The couple, as well as the parents, had, according to their social
1 Council o( Elvira, c. 16 (Gonzalez, 284; Mansi, 11, 8); c. 78 (Gonzalez, 294; Mansi, 11, 18). Cf.
Council o( Chalcedon (451), c. 14 (Gonzalez, 101-102; Mansi, VII, 868).
1 Brer., m, 7, 2, and lnterpretatio; C. Th., m, 7, i. On the penalty for adultcry see M. Conrat
(Cohn), Brerriarium Alaricia11um (Leipzig, 1908), pp. 547-549.

1 8 Toledo, c. 14 (Gonzalez. 852; Mansi, IX, 996).
'L. Vilig., xn, 2, H.
1 4 Toledo, c. 68 (Gonzalez, 884; Mansi, x, 684) .
L. Yilig., XII, i, 14.

7 17 Toledo, c. 8 (Gonzalez, 596; Mansi, xn, 102).
1 L. Yilig., xn, 2, 6.
status or wealth, either to pay a fine of one hundred soll,i or to receive a

hundred blows of the lash. 1
Polygamous marriages and those made at an early age, as well as
consanguineous marriages within prohibited degrees, were forbidden. 2
The last enactment seems to have been violated by the Jews very often.
This explains the frequent repetition of laws concerning it. Receswinth
punished the guilty parties by death. 3 Erwig ordered the separation of
the couple, decalvatio, a hundred blows of the lash, exile, and the con-
fiscation of their property for the benefit of their orthodox Christian
children. If there were no children, the property became the king's.'
b) Gaul
A number of Gallic church councils passed measures against the
marriages of Jews and Christians. These marriages were prohibited by
the Second Council of Orleans, which met ~3 June 533, 5 by the Council of
Clermont (8 November 535), 6 and by the Third Council of Orleans
(7 May 538). 7 These councils voted to excommunicate Christians who
would not agree to dissolve such unions. Sorne years before this, about
A.D. 500, King Gundobad of Burgundy renewed the familiar decree of
the Theodosian Code which prohibited marriages between Jews and
Christians. They were to be punished as adulterers. 8 That this decree
was included in the Lex Romana Burgundionum may perhaps be con-
sidered proof that the Jews were regarded as Romans. 9
The interdicts of the councils continued during the entire Merovingian
period. Their multiplicity shows us to what degree this practice of mixed
marriages was entrenched in the customs of the people. The constant
repetition of laws against intermarriage proves the inefficacy of these
measures.
It is significant that we find no reference to such laws in Carolingian
Gaul. Whether by this time mixed marriages were on the wane because
of previous interdictions, or whether the Jews and Christians had each
acquired a stronger sense of particularism is not certain. lt may be that
1 L. Vi.rig . XJI, s. 8.
2 La Baiwariorum, vu, 1 (MGH., Legu, v, i, 847-848). Cf. Legu Alamannorum, 89 (MGH.,
gea, '" 1, 98-99). This law is borrowed from the Lex Visigothorum Euriciana, according to K.
Zeumer. 'Ucber zwei neuentdeckte westgothische Gesetze,' NA., XXIII (1898), 104-105; 110-112.
1 L. Visig., XII, i, 6.
' [bid., XII, S, 8.
1 2 Orleans, c. 19 (MGH., Conc., 1, 64; Mansi, VIII, 888).
Council of Clermont, c. 6 (MGH., Conc., I, 67; Mansi, nn, 861).
7 S Orleans, c. 14 (IS) (MGH., Conc., 1, 78; Mansi, IX, 15). .
s z Romana Burgundionum, XIX, 4 (MGH., Legu, 11, l, 148).
9 Supra, pp. 88-84.
Legal Prfrileges and Disabilities of J ews 91
the old laws continued in force. A capitulary of Carloman hade the

bishops to prohibit adulterous and incestuous marriages, although
without specific reference to the Jews. 1 The Council of Meaux, which
repeated many of the laws of the l\Ierovingian church councils, had the
familiar injunction, 2 but there are no references to mixed marriages in the
writings of Agobard and Amulo. If the practice had been widespread in
their time, they would most probably have mentioned it.
2. CoNTRACTs
The Christian Roman emperors interdicted certain contracts to the
Jews, whether concluded between Jew and Jew or between Jew and
non-Jew. The contracts which were forbidden were those relative to the
purchase or sale of non-Jewish slaves, 3 the sale of objects of the Christian
cult, and the renting or holding in fief of church property or of the grouncl
upon which a church stood.
a) Spain
The Breviarium Alaricianum forbade the Jews to engage in any trans- \
actions involving Christian slaves. These interdicts were carried further '.
by the Catholic kings. Sisebut prohibited them from using Christians as
pledges. 4 His object was to prevent a Jew from exercising any authority
over a Christian. This enactment remained in force until Erwig added a ,
new provision. No Jew 5 could occupy the office of steward for a Christian
land-owner, when it implied the surveillance of Christian slaves. The
guilty Jew was punished by decalvatio, a hundred blows of the lash, and
the confiscation of half his property. If the employer was a layman, he
lost the property which had been administered by the Jew. If he was a
member of thc clergy, and the property so administered belonged to the
Church, he was condemned to pay to the fiscus, from bis own money,
the value of the property administered; if he was poor and unable to
pay, he was banished. 8
Egica punished with perpetual slavery the Jew who engaged either in~
transmarine commerce or in trade with a Christian within the Visigothic \
kingdom. The Christian, in turn, if he was a maior potentiorque persona,
was subject to a fine of three pounds of gold besides the price and triple
the value of the article bought or sold. If he was of inferior status, he
1 CapitularB Karlmanr1i LiptinBnlB (748), c. 8 (MGH., Capit., 1, 28).
1 Council of Meaux (846), c. 78 (MGH., Capit., 1, 417; Mansi, XIV, 888).
1 lnfra, pp. 96 ff.
L. Viaig . XII, 2, H.
AIJ Jews were regarded by Erwig as baptized Jews.
6 L. Viaig., XII, 8, 19.
received a hundred blows of the lash in addition to a fine proportionat~ to

bis means. 1
b) Gaul
Popy Gregory the Great relates with horror ('quod dici nefas est') that
the clergy of Venafro had sold a number of sacred vessels to a Jewish
trader. Under the Christian emperors such trade was forbidden the
Jews by law. lt is to a Roman law, no longer extant, that Gregory refers
in his letter to Anthemius, rector patrimonii of Campania,
memoratum Hebraeum, qui oblitua vigorem legum, praesumpsit sacra comparare
cymilia.
Since the sale was illegal, the Jew had to return the objects. 2
Although this case occurred in ltaly, it is none the less interesting,
inasmuch as it illustrates the application of the law regarding such
contracts. In 806 Charlemagne warned the bishops, abbots, and abbesses
to guard church property, in order that nothing should be lost or stolen.
It had been reported to him that Jews and other merchants boasted that
they were able to huy anything they wished from the Church. 3 This in-
junction was renewed a few years later by the king Lothar of Lombardy. 4
The alienation of church property was also forbidden in 818, although
without specific mention of the Jews. 6
A capitulary of Charlemagne, issued before 814, decreed that no Jew
was to take in pledge for a debt the property of the Church or of a
Christian. The penalty was the confiscation of the property of the Jew
and the loss of his right hand. 8 No Jew was to force a Christian to
imprisonment as a pledge for a Jew or another Christian, lest the honor
of the Christian be sullied. Should the Jew do so, he must free the
Christian from his pledge and lose both debt and pledge. 7
1 L. Vig .XII, 2, 18.
2 Gregory, Ep., 1, 66 (691). Cf. Pseudo-Chrysostom, Sermo in iUud erong. quod dictbant, S (PG.,
ux, 648): '~).~u cz'tou~ (8C. 'lou!lczlou;) 'ltpo 'tcdY Oup6>v 'tO Xptirto 'ltto>AOY'tcz~ aou!ldcptcz xczl cn.txlvOtcz.'
1 Capil.ulare misaorum Niumagae datum, c. 4 (MGH., Capit., 1, 151); also in Ansegii capitularium
collectio, J, 117 (MGH., Capit., 1, 410).

'Capil.ulare Hlotharii, c. ~ (MGH., Legu, ed. Pertz, J, 564).
'Capil.ulare eccluiaaticum, c. IS (MGH., Capil.., J, 277); repeated also in Hlotlzarii capitulare
miaaorum (852), c. 10 (MGH., Capit., 11, 64) . S. Loisel, e11ai sur la lgialation lconomue dea Carol-
ingiens d'aprh lea capilulairea (Caen, 1904), p. 76, erroneously cites a similar decree !rom the Capi-
tulare Aquiagra11en1e, c. 13. There is no reference to the alienation o! church property in that
capitulary.
Capitula dti Judaei.8, c. 1 (MGH., Capit., r. 258).
7 Capil.ula de Judaei.8, c. 2 (MGH., Capil.., 1, i58). B. Simson, Jahrbcher du friinkUchen &icli1
unter Ludwig dem Frommen (Leipzig, 1874), 1, 6, n. i, believes these to be no ordinary capitularies,
but as the heading shows (de capituli.r domni Karoli imperatoris et Hludowict) exrerpts from capi-
tularies issued by both. Boretius (MGH., Capil., 1, 258) believes them to be of doubtful authenticity,
framed after the death of Charlemagne. My interpretation of these capitularies depends upon the
Legal Privileges and D-isabilities of J ews 93
The charters which Louis the Pious granted to certain Jews placed no
restrictions upon the contracts they could make. They were permitted
to sell or exchange their property and possessions to or with whomsoever
they wished. 1
3. DoNATIONs
The laws of the Visigothic kings prevented the Jews from accepting
slaves as gifts. Erwig alone restricted the right of the Jew to make
donations. He ruled that no Christian could accept gifts from Jews,
directly or indirectly, for any reason whatsoever, under penalty of
paying to the fiscus double the value received. 2
In Gaul no laws attempted to prevent the Jews from making or accept-
ing gifts of any kind. Although it is not expressly stated by any enact-
ment either of Church or State, the Jews must have been prohibited from
accepting Christian slaves as gits.
4. TIIE RIGHT TO WN PROPERTY
Justinian was the first Roman emperor to place any restrictions on the
ownership o real property by the Jews. He decreed that no Jew could \
own, rent, or hold on long lease the land on which was situated a church . .'
He did not, however, forbid the occupation of land owned by a church. 3
a) Spain
As early as 418 the Jews seem to have owned land in the Balearic '.
Islands. The bishop Severus of Minorca refers to a Jew Theodore who
had returned from the island of Majorca, where he had gone to inspect
his property.' His brother Meletius also owned land on that island.ti
The Jews undoubtedly possessed land in Visigothic Spain. A law of
Erwig decreed that no Jew or Jewess should work in the fields on Sunday. 8
The enactment does not specify to whom these fields belonged, but we
may assume that they were owned by the Jews. Egica enacted that all
the slaves, edifices, lands, vineyards, olive groves, and all real property
belonging to the Jews must be given over to the fiscus in exchange for
their price. The king could then dispose of them as he wished. 7
careful study devoted to them by A. Heltferich, 'Zum Capitulare Karoli M. rk Judam,' Z.fr Recht1-
guchichte, u (1868), 417--420.
1 Furmulae impmalu, SO, Sl (MGH., Form., pp. 809, 810).
t L. Vig., xn, S, 10.

1 Noo. J ., cxxxr, 14, l.
'Severus, Ep. de Judaeia (PL., XX, 784).

6 Idem (PL., xx, 740).
1 L. Vig., XII, s. 6.
7 [bid., XII, 2, 18.
b) Gaul
The Jews at Cologne seem to have possessed landas early as A.D. 331.
In that year they were ordered to perform their curial duties. 1 The most
important function of the decurionate was the collection of land taxes
which applied only to possessores. 2
We have no information about the possession of land by Jews in
Merovingian Gaul. They appear, on the contrary, to have dwelled
mainly in the cities. But the argumentum e sentw is no proof. As
inhabitants of cities they were not precluded from the possession of land
and even land which they cultivated. A marked cleavage between
city and country, as we have now, did not exist at that time. This
separation of city and arable land outside the city as two distinct economic
units occurred much later. Furthermore, there is a number of references
to the ownership of land by Jews during the Carolingian period. In
part this land was actually owned by Jews living in cities. By analogy,
the same condition may have existed in Merovingian Gaul. 3
The numerous canons of the church councils and the energetic opposi-
tion of Pope Gregory the Great to the possession of Christian slaves by
Jews show how widespread this evil was. Many of these slaves may have
been employed on land belonging to the Jews. A letter of Gregory is a
case in point, although it concerns Italy. In 594 Gregory wrote to
Venantius, bishop of Luna, that if any Christians had been long employed
on land belonging to Jews fhey might continue as before to cultivate it,
but as coloni, paying a fixed rent, and no longer subject to personal
service. 4
From a letter of Pope Stephen III (768-77~) to Bishop Aribert of
Narbonne, it is seen that the Jews dwelt in the territory of Narbonne,
enjoying hereditary allodial tenure, and being exempt from high taxation
in the town and its environs by concession of the Carolingian rulers.
They owned fields and vineyards and employed Christians in their
cultivation. 6 This concession is probably connected with the account
1 c. Th., XVI, 8, 4. (SSI).
1 G. Ca.ro, 'Die Juden des Mittela.lters in ihrer wirtschaftlichen BeUltigung,' MGWJ., XLVlll
(1904), 428; dem, Sozial- und Wirl8chafi8geschichte der Juden im Miuel,alier (2d ed., Leipzig, 19~).
I, 84.
3 l. Schipper, 'Anlange des Kapitalismus bei den a.bendllindiscben Juden im frUberen l\ftelalter,"
Z. fr Voik8wiri8chaft, Sozialpolitik und Verwaltung, xv (1906), 511-518, argues that we have no

references to Jewish ownership of land in Merovingian Gaul beca.use the Jews lost their status as
civu Romani, and with it the right to own land, He ofl'ers nothing to substantiate his argument.
'Gregory, Ep., IV, 21. Cf. F. C. von Savigny, 'Ueber den r<5miscben Colonat.' Vermuchte Schriften
(Berlin, 1850), II, IS; Tb. Mommsen, 'Die BewirthschaCtung der KircbengUter unter Papst Gregor 1,'
Geaammelte Schriften (Berln, 1907), m, 188.
6 Stephen, Ep., 2 IMansi, xvm, 177; PL., CXXIX, 857; Jaff, Regeata, 2889 (18SO)J.
Legal Primleges and Disabilities of J ews 95
of a grant of one-third of Narbonne to the Jews, as related by the Gesta

Caroli 1lfagni ad Carcassonam et Narbonam. 1
A charter renewed on 22 February 839 by Louis the Pious at the
request of bis natural brother, the abbot and chancellor Hugo, affords
further proof of the possession of land by J ews. 2 The charter was renewed
when three Jews of Septimania, Gaudiocus and his sons Jacob and
Vivacius, swore that a charter had been given by the emperor to their
forefathers. The original patent granted hereditary possessions in
Valerianis and Bagnilis (Banyuls-les-Aspes). They had inherited the
land and occupied it until certain persons had dispossessed them. The
new charter of Louis the Pious granted them and their descendants the
land with ali the appurtenances, buildings, vineyards, meadows, water-
courses and mills, without opposition and with freedom to sell, donate, or
exchange them.
By the same type of royal patent other Jews of Carolingian Gaul
sought to render their possession of Jand free from disturbance. In the
Formulae imperiales or charters which Louis the Pious granted to certain
privileged Jews3 they are accorded full freedom over their 'res propriae,'
by which possession of land was meant.4 This is proved by one charter
in which the Jew's property and possessions are designated as '(de) rebus
suis propriis vel negotio suo.' The distinction between res propriae and
negotium shows that res refers to land as opposed to negotium or mer-
chandise. 6
In an exchange of property between an official named Mediolanus and
the archbishop Agelmar of Vienne in 849, the archbishop received a house
within the city-walls of Vienne, bounded on one side by land owned by
Jews and on the other by land belonging to one Eldebod.
None of the sources speaks of large estates or feudal holdings, as it
were, of the Jews. They refer generally to the possession of land in the
environs of cities. Even in the rather considerable tract owned by
Gaudiocus there were probably few slaves or serfs. At any rate, con-
trary to the usual practice, the charter granted to him fails to mention
them. Without these slaves the possession of large estates was hardly
1 lnfra, pp. 159 ff.
2 M. Bouquet, &cueil du hutoriena <ka Gautea et de la Fra11ce (rimpression, Paris, 1867), VI, 624,
No. 282; Devic and Vaiss~tte, Hi1toire gnlrale de Larigiwloc (ed. Pars, 1780), 1, preuve.s, p. 75,
No. 64; (ed. Toulouse, 1875), u, ill, No. 97 (54).
1 Formuu imperialu, SO, Sl, 52 (MGH., Form., pp. 809, 810, S25).
'Cf. G. Waitz, Deuche Verfaaaung1geachichte (2d ed., Berln, 1885), IV, 844, n. 8, and O. Stobbe,
Die Juden fo Deullchland wiihrend dea Mittelallera (Brunswick, 1866), p. 6, n.
5 Formulae imperiale1, 52 (JIGH., Form., p. 825).
8 C. U. J. Chevalier, Cartulaire de l'abbaye <k Sainl-Andrl-le-lxu de Vienne (Lyons, 1869), p. 214,
Appendix No. 4.
96 The Jewa in the Kingdoms of Spain and Gaul
possible. The ownership of large tracts of land by the Jews of Carolingian

Gaul was infrequent, not because of legal disabilities, but because of the
sentiment against the possession of Christian slaves by Jews. Even
Amulo, a bitter enemy of the Jews, is not concerned with the ownership
of land by them, but only with their employment of Christian slaves and
day-laborers. 1 Hence, the attitude of both Church and State towards
the possession of Christian slaves by Jews made virtually impossible
their ownership of large estates.
5. SLAVES
/ Before Christianity assumed its place of dominance in the Roman

Empire, the Jews had never been prohibited from possessing slaves.
With the rise to power of Christianity, a new idea had been evolved in
regard to slavery. It was considered legal, 2 but Christian slaves were to
serve only with Christian masters. It was only 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. 3 Constantine forbade the Jews, under penalty of con-
fiscation of the slaves for the Church, to huy Christian slaves.' This
law, however, had fallen into disuse, 6 for another law enacted:
Si aliquis Iudaeorum mancipium sectae alterius seu nationis crediderit con-
parandum, mancipium fisco protinus vindicetur.8
This enactment, in turn, was renewed 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. 7 A law of
Honorius 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. 8 But this law was revoked by the enact-
1 Amulo, Ep. contra Judaeoa, c. 41 (PL., cxv1, 170); cf. dem, c. 48 (PL., cxvt, 171).
'P. Allard, Lu eaclaru chr,tiena (id ed., Paris,1876), pp. 187 ff.; Th. Zahn, 'Sk1averei und Christen-
tum in der alten Welt,' Skizzen aua dem Leben der allen Kirche (Leipzig, 1908), pp. 116-158.
Not ali these laws are extant. In the C. Th., there is a special section, XVI, 9 : 'Ne christianum
mancipium Iudaeus habeat.' The Code contains severa! other sections, C. Th., III, 1, 5; XVI, 8, ii;
also NOfl. Th., m and Const. Sirm., tv. In C. J., I, 10 appears the section: 'Ne cbristianum mancipium
haereticus ve) paganus ve) ludaeus habeat ve! possideat ve) circumcidat.' Cf. C. J., 1, 8, 54 (56) 8 ff.
W. W. Buckland, TM Roman Law of SlatJery (Cambridge, 1908), pp. 604-607, fails to distinguish
between the laws conceming the right to possess slaves and the laws relative to their circumcision.
'C. Th., XVI, 8, 22 (415); d. Eusebius, Vita Conslantini, IV, 27 (PG .. xx, 1176): 'ii>..U MI 'louatzloc~
.l:l)avtz XPlcrttGIYbV aoui..a~uv ho.i.08n1.'
1 Sozomen, H. E., m, 19 (PG., LXVII. 1098).
8 c. Th., XVl, 9, i (889).
7 lbid., 111, l, 5 (884).
8 ]bid., XVI, 9, 8 (415).

ments of 417 and 423, which prohibited the possession of slaves by Jews. 1
The legislation of Justinian offered new regulations regarding the
slave trade. They are summarized in the following decree:
Iudaeus servum christianum nec comparare debebit nec la.rgitatis vel alo
quocumque titulo consequatur.2
He did not permit Jews to have Christian slaves, even when these slaves
had become Christians only after their acquisition 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. 3
Justinian's law must also have included those Jewish slaves who had
become Christians. Gregory the Great refers to those,
qui de iudaica superstitione ad christianam fidem Deo adspirante venire desider-
ant . . . '
The law seemingly took no cognizance of the status of Jewish slaves in
the possession of Jews. Undoubtedly, howcvcr, they carne under the
provisions of Justinian's enactment which granted liberty to slaves,
either Christians by birth or newly converted.
Justinian permitted the acquisition of pagan slaves, a privilege to
which Pope Gregory refers in one of his letters.b A Jewish slave-trader,
Basi1ius, accused of having bought Christian slaves in Gaul, said that it
was only by accident that Christian slaves had been purchased among a
great numbcr of pagan slaves. His excuse was accepted by Gregory.
Justinian accorded the Jews the right to acquire slaves who were not
yet baptized, but were still catechumens. This right was limited, how-
ever, by a qualification, logical enough in the light of the other slave-
laws of Justinian. When the slaves had completed thc.ir catechumenate,
they were to be freed. 8
These severe regulations, which permitted the Jews almost no means of
acquiring slaves, exposed to financia} disaster those who were engaged in
the prosperous traffic in slaves. Many of them became baptized, believ-
ing that they would be able to regain the slaves of which the Iaw had
deprived them. Justinian repressed this abuse and decreed the penalty
of death for those who were found guilty. 7
1 c. Th., XYI, 9, s. 4.
1 c. J., l, 10, 1; cf. c. Th., XVI, 9, i.
3 c. J., l, s. 54 (56) 8.
4Gregory, Ep., n, 29 (596),
t[bid., IX, 104 (599).
'Nor. J., XXXVII (585); cr. Gregory, Ep., \'I, i9 (596).
1 C. J., S, 54 (56) 9 and 10. A concrete example oC this, although relatiYe to a Samaritan, and
1,
so not directly pertinent to our discussion, is afJorded by a letter ol Gregory the Great; Gregory, Ep.,
VIIJ, i l (598).
a) Spain
In his Breviarimn Alaric reproduced two laws of the Theodosian Code
, appertaining to the possession of Christian slaves by Jews. The law of
384 decreed that any Christian could purchase a Christian slave who
belonged to a Jew, whatever the title by which the Jew possessed him.
The slave could be bought even after he had become a convert to Juda-
ism.1 According to the law of 4~3 every acquisition by gift or purchase of
Christian slaves subjected the Jew not only to the loss of the slave, but
also to a penalty. Only the acquisition by inheritance and trust remained
legal. 2 There was another contradiction inherent in these laws. Accord-
ing to the law of 4~3 every slave acquired by a Jew through purchase or
gift or any other means except inheritance or trust became free; the
law of 384 decreed that the slave should be confiscated for the fiscus.
Since the law of 4!t3 has no lnterpretatw in the Breviarium, while, on the
other hand, the law of 384 is provided with one, we may assume that the
older enactment was invoked by the Arian Visigoths. Whichever law
was applied, the Jews remained free to acquire pagan or Jewish slaves
and to possess Christian coloni.
The Third Council of Toledo forbade the Jews to acquire Christian
slaves, but fixed a milder penalty than the Breviarium. 3 Recared decreed
that the Jews could not obtain Christian slaves either by purchase or
gift. The slave so acquired became free, but no penalty was fixed for the
master. Although on this point the law is milder than the Bre1.n'arium,
it is more severe in other details. Not only is it retroactive, since it
accords freedom to ali slaves who are not themselves Jewish, but it also
dccrees that Jews cannot possess pagan slaves.' The Jews attempted to
persuade Recared to revoke this measure, and offered him large sums of
money, which he refused, thereby gaining the approbation of Pope
Gregory the Great. 6
Recared's immediate successors, Liuwa 11 and Gundemar, did not
insist upon the observance of this law; hence their successor, Sisebut,
was forced to renew it. By two enactments, passed in February or
l\farch 61~, 6 he reminded the Jews that they must not possess Christian
1 C. Th., in, l, 5; Bref!., 111, 1, 5.

:iC. Th., XVI, 9, 4; Bref!., X\'I, 4, ll.
3 3 Toledo, c. Hi (Gonznlez, 352; Mansi, IX, 996).
1 L . J'$ig., XII, ll, 12.

'Gregory, Ep., IX, 228 (599). The letter reers to L. Visig., xu, 2, lll, although Zcumer in a note
to tbis law disputes this without ha.sis. C. F. Gtirres, 'Kt>nig Rekared und das Judentum,' ZWTh.,
XL (1897), 291-295.
1 For the date see K. Zeumcr, 'Die Chronologie dcr Westgothenkonigs des Reiches von Toledo,'
NA., XXVII (1901l), 422-424, 480.

slaves. They were obliged to sell them within the kingdom, 1 or to free
them within a period of three or four months, before the first of July 612.
After this date the slaves would be freed, and half the possessions of the
offending Jews would be confiscated. The slave so manumitted would
owe no obsequium to bis master. Sisebut forbade the Jews even coloni
and Christian servants. They could continue to have non-Christian
slaves, but these had to be freed if they became Christians. Sisebut
introduced a malediction against any of his successors who might neglect
to enforce these laws. 2
In spite of these elaborate precautions, the Jews continued to hold
Christian slaves. In 633 the Fourth Council of Toledo, with the approval
of the king, was forced to renew the law. 3 In 654 Receswinth found it
necessary to reissue the enactment once more. 4 The Jews, however,
continued to huy and sell slaves and actually bought slaves from Chris-
tian priests. In 656 the Tenth Council of Toledo had to proclaim the
penalty of excommunication against these priests, and to threaten thcm
with eternal damnation. 5
Erwig found it necessary to renew the interdictions against the slave-
trade. In February 681, he ordered the Jews to sell their Christian
s]aves within sixty days after the promulgation of the law. The priests
or the judges of the place where the slaves resided were to be notified,
so that they might control the sales and avoid fraud. The Jewish slave-
owner who kept his slaves after the final date would suffer the confiscation
of half bis property. lf he were poor, he would be punished by decalvatio
and a hundred blows of the lash. In any case the slave would be freed. 6
The Jews were permitted to have pagan slaves. lf Christian slaves
concealed their religion in order to remain with their Jewish masters,
they would be given by the king to whomsoever he wished. He who
reported the subterfuge would receive five solidi for every slave so
exposed. 7 Pagan and Jewish slaves belonging to Jews would obtain their
freedom if they became baptized. 8 Since Jewish slaves were included in
another law of Erwig, which decreed that ali Jews must be baptized within
a year,9 we rnay assume that this freedom was given as a reward to
1 This was to prevent the Jews lrom evading tbe law by selling the slaves to their brethren or
N orth Africa.
1 L. Ving., x11, 2, 18, u.
3 4 Toledo, c. 66 (Gonzalez, 885; Mansi, x, 685).
4 L. Vi8ig., XII, 2, IS, 14.

10 Toledo, c. 7 (Gonzalez, 460; Mansi, x1, 87}.
6 L. Viaig., xu, s, a.
7 lbid., x11, S, 18; xn, S, 16.
1 Jbid., XII, S, 16; XII, 8, 18.
9 Jbid., XII, 8, S.
Jewish slaves who became converted to Christianity before the expiration

of the year's grace. These slave-laws concemed baptized Jews as well as
non-baptized Jews, inasmuch as all the Jews had to adopt Christianity
within a year. But those who adopted Christianity within the sixty
days granted for the sale of slaves, and signed the profession of faith
imposed upon them, could keep their Christian slaves. If they continued
to observe the Jewish rites, they would be punished for apostasy. 1
At the beginning of his reign Egica removed the disabilities to which
the baptized Jews were subject, and permitted them to have Christian
slaves. 2 When the plot against the Visigothic kingdom was discovered,
these Jews were themselves reduced to slavery.
b) Gaul
In Gaul, too, various church councils concemed themselves with the
ownership of Christian slaves by Jews. The Third Council of Orleans
(538) decreed that the Christian slave of a Jew was to be protected, if he
fled from his master's punishment to a church or to another Christian.
Upon the payment of a stipulated price to the Jewish master by the
church or the Christian, the slave was to be freed. 1 Jews could hold
Christian slaves if they made no attempt to convert them. This canon
was renewed by the Fourth Council of Orleans in 54 I. 4 The same council
enacted that whenever a Jew made a prosclyte (advena), or reconverted to
bis religion a Jew who had been baptized, or possessed himself of a
Christian slave, or converted to Judaism any one bom of Christian
parents, he should be punished by the loss of all his slaves. If any one
bom of Christian parents became a Jew, and obtained his freedom on
condition that he remain a Jew, the condition must be considered void.
It is unjust, the council said, that one living as a Jew should enjoy the
freedom attaching to Christian birth. 5
Despite the decrees of these councils, Jews living in sorne of the towns
continued to hold Christian slaves. The Council of Macon, which was
convened in 581, proclaimed, therefore, that no Christian was to be the
slave of a Jew; any Christian had the right to purchase such a slave or
his freedom for twelve solidi. If a Jew refused the price, the slave had
the right to live with any Christian until a decision was made. 8 This
1 L. Viaig . XII, s. IS.
1 17 Toledo, Tomus (MGH., L . Ving., p. 484; Gonzalez, 588; Mansi, xn, 95).
1S Orleans, c. 14 (IS) (MGH., l'onc., 1, 78; Mansi, 1x, 15); cf. Council of Orange (5~9), c. 6
(MGI/., Conc., 1, 48; Mansi, VI, 487) wthout spedfic reference to Jews.
4 Orleans, c. SO (MGH., Conc., I, 94; Mansi, 1x, 118); d . 5 Orleans, c. 22 (MGH., Conc., 1, 107-108;
Mansi, IX, 184) without specific mention of Jews.
1 4 Orleans, c. SI (J!Gll., Conc., 1, 94; Mansi, IX, 118).
1 Council of MI.con, c. 16 (MGH., Conc., 1, 159; Mansi, IX, 9S5). G. Jeanton, 'Les Juifs en Macon-
canon was included in the laws of the Church, 1 although already in

Agobard's time (ca. 825), the price of redemption was no longer twelve,
but from twenty to thirty solidi. 2 The Council of Macon decided also
that if a Jew con verted a slave to Judaism he should lose the slave and the
right to make a testament. 3 This measure was passed because Jewish
slave-owners often converted their slaves to their own faith. It was a
Talmudic injunction either to circumcise slaves, or, if they were unwilling,
to free them.'
The various canons of these councils proved ineffective, and the
traffic in Christian slaves brought from Gaul to other places was large.
Gregory the Great 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 sorne Jews of Narbonne and kept by
them as slaves. Gregory sent word to Candidus; a priest at l\:farseilles,
to investigate the case, and to pay the ransoms, if they were unable to do
so themselves. Two years later Gregory corresponded with the Frankish
kings Theodoric and Theodebert and Queen Brunhild. 6 He expressed
his surprise that in their domains Jews were permitted to have Christian
slaves, and he begged them to exercise their authority to wipe out this
stain. These rulers had evidently failed to pay careful attention to the
acts of the Gallic councils.
The Council at Rheims, which met between 627 and 630, decreed that
Christians should not be sold to Jews orto pagans. lf because of poverty,
a Christian sold his slaves to pagans or Jews, he should be excommuni-
cated and the sale be considered void. lf Jews attempted to convert
their Christian slaves to Judaism orto punish them severely, the slaves
shou!d become the property of the fiscus. 7 A similar decree was passed
about the same time by the Council of Clichy. 8 Between 639 and 654 a
council, held at Chalons-sur-Saone under Chlodwig 11, son of Dagobert,
decreed that slaves were not to be sold beyond the borders of Chlodwig's
kingdom, nor were Christian slaves to be held by Jews. 9
With the rise to power of Islam many opportunities were afforded the
nais,' Annalu de l'Acadbnie de Mdcon, s s~r., xx (1919), 8-4, believes that the various canons ofthis
council indicate the existence of an important Jewi.5h colony at MAcon.
1 Deeretalium Gregorii IX, v, 6, 1 (Friedberg, Corpua iuri11 canonici, n. 771).
1 Agobard, Ep. ~ad procrre11 palatii I (MGH., Ep., v, 165; PL . crv, 103, 105).
1 Council of MA.con, c. 17 (MGH., Conc., 1, 159; Mansi, IX, 935).
' T. B. Ytbamot, 48a; el. J. Winter, Die Stellung der Sklaoen b~ den Juden (Halle, 1886), pp. 36-SS,
and Z. Kahn, L'eaclarogt 11elon la Bibl8 et l8 Talmud (Paris, 1867), pp. 116-120.
1 Gregory, Ep., vn, 21 (May 597); cf. IX, 104 (599).
1 /bid., IX, 21S, 215 (July 599).
1 Council of Rheims, c. 11 (!!GH., Conc., 1, 204; Mansi, x, 696).
1 Council of Clichy (626 or 627), c. IS (MGH., Conc., 1, 199).
'Council of Chtlon.s, c. 9 (MGH., Conc., J, 210; Mansi, x, 1191).
Jews to supply Moslem slaves to the Christian world, and Christian

slaves to Islam. A capitulary of Carloman issued at L'Estinnes in 743
forbade the sale of Christian slaves to pagans. 1 The Council of Neuchling
in 7722 and a capitulary of Charlemagne issued from Heristal in 7793
forbade the sale of slaves beyond the borders of the country. These meas-
ures referred probably to the sale of Christian slaves to l\fohammedans.
In a charter which Louis the Pious granted before 825 to Rabbi
Domatus and his nephew Samuel, he permitted them to huy foreign
slaves and to sell them within the kingdom. Domatus and Samuel
swore that certain persons were attempting to baptize their slaves, so
that they might obtain freedom. lnasmuch as this was forbidden by
canonical law, 4 Louis prohibited it on pain of loss of life and property. 6
A similar charter was granted to the Jews David and Joseph of Lyons.
Here it is stated very specifically,
habeant etiam licentiam mancipia peregrina emere et infra imperium nostrum
vendere, et nemo fidelium nostrorum praesumat eorum mancipia peregrina sine
eorum consensu ac voluntate baptisare.8
About the same time a charter was granted to the Jew Abraham of
Saragossa, permitting him to huy foreign slaves, but to sell them only
within Louis' kingdom. 7 Louis the Pious, then, permitted certain
privileged Jews to possess and to sell slaves, provided these slaves had
not been baptized. Agobard, bishop of Lyons, said that in spite of this
provision, the Jews kept Christians as slaves. He cited, among other
examples, the case of a Christian refugee from Cordova, who declared
that his coreligionists were frequently sold, as he had been, to the Moors. 8
Amulo, Agobard's successor in the see of Lyons, says that since the Jews
cannot have Christian slaves, they hire Christian servants. 9 The Council
of Meaux (846), which renewed many of the old canonical laws regarding
the Jews, ruled against the possession of slaves by Jews. 10 It may be that
1 Capitulare LiptineMe, c. S (MGH., Capil., 1, 28); cf. Boniface, Ep., 28 (a letter of Gregory III to
Boniface, ca. 7S2) (MGl/., Ep., 111, 280), where the injunction is repeated.
t Council or Keuchling, c. 1 (MGl/., Conc., 11, 99; Mansi, XII, 858) .
3 Capitulare Hariatallenae, c. 19 (MGl/ ., Capit., 1, 51).
' These canons are no Ionger extant, although they are mentioned in the charters. Agobard, Ep. 6
ad procerea palalii II (MGl/., Ep., v, 180; PL., c1v, 175), denies their existence.
1 Fonnulae imperiales, SO (MGl/., Form., p. S09).
e lbid., Sl (MGl/., Fonn., p. SlO).

7 Jbid., 52 (MGH., Form., p. SU).
8 Agobard, Ep. 7 de inaolentia Judaeorum, c. 6 (MGl/., Ep., v, 185; PL., CIV, 76); cf. ibid., c. 8
(MGl/., Ep., v, 183; PL., crv, 72), and Ep. 6 ad proccru palatii 11 (MGH., Ep., v, 179-182; PL.,
c1v, 178-178). F. Wiegand, 'Agobard von Lyon und die Judenfrage,' Festachrift . . . Luitpol
vo11 Bayern (Erlangen, 1901), 1, 282-238, discusses Agobard's attitude to the slave-trade.
9 Amulo, Ep. contra Judaeoa, c. 41 (PL., cxv1, 170).
1 Council of Meaux, c. 7S (MGH., Capit., 1, 417; Mansi, XIV, 887).

Legal Primleges and Disabilities of J ews 103
by Amulo's time a stronger sentiment had developed against the owner-

ship of slaves by Jews.
These enactments which attempted to repress the possession or sale of
Christian slaves by Jews seem to have the same object as the various
laws forbidding them to hold civil and military offices. It was considered
unjust that a Jew should be lord or law-giver over Christians and to
have power over them or to be able to spread bis religious propaganda
among them .
Judaeis quoque vel paganis causas agendi vel militandi licentiam denegamus,
q uibus christianae legis nolumus servire personas, ne occasione dominii sectam
venerandae religionis immutent. 1
6. TESTAMENTS
Certain of the laws of the Theodosian Code seem to indicate that the 1
Jews had the factio testamenti. Although they punished infidels by

2
intestability, the Christian emperors did not revoke the right of the Jews
to make a will. They attempted, however, to limit this privilege, which
had its origin probably in the time of Caracalla. Justinian began by
recognizing the factio testamenti of the Jews, 3 but in 543 he abrogated
previous laws of testament and granted the privilege only to Catholics.
But, according to Juster, in spite of this law, the Jews remained testabiles,
and lost the right to make a will only as a penalty when they were found
guilty of making converts to Judaism. 4
In Arian Spain the proselyte was punished by intestability. If during
his lifetime bis conversion to Judaism was unknmvn, his testament was
nevertheless rendered void on this condition. The denunciation had to
be made five years from the date of bis death by his legitimate heirs who
had been ignorant of bis conversion. 6
The Council of Mft.con in Gaul decreed that if a Jew had converted
a slave to Judaism, he should lose the right to make a will. 6
7. IMPOSTS
a) Spain
The Breviarium Alaridanum does not reproduce the laws of the \
Theodosian Code which levy special imposts or taxes upon the Jews. )
1 AC"Cording to Florus Diaconus, Capitula u lege et canone collecta (PL., cxrx, 419). this is derived
c.
rom a law or Theodosius 11 and Valentinian 111. lt is derived lrom Th .. XVI, 5, 62 and 64 = Conat.
Srm., VI (9 July or 6 August 4!l.5).
t c. Th., XVI, 7, s (SB!l); XVI, 8, 28 (426).
C. J., 1, 5, IS.
4 Noo. J., cxvm; el. Juster, Emp., u, 92.
1 Bref!., XVI, 2, 1; C. Th., XVI, 7, S.

1 Council or M&con, c. 17 (MGH., Conc., I, 159; Mansi, IX, 9S5).
Under the Arian Visigoths the Jews presumably did not pay any special
imposts. We do not know when they were first made subject to special
head-taxes. Since he included baptized Jews in the disabilities to which
non-baptized Jews were submitted, Erwig did not grant them any
exemption from these imposts. Egica, however, freed the baptized Jews
from this charge. In order that the fiscus might not suffer because of bis
generosity, he ordered the imposts of the non-baptized Jews to be
increased. 1 Since the dispensation included women and children as well
as men, the impost was probably a head-tax, 2 for which there were special
lists. The Jews must have paid individually; the community did not
pay for its members. If the community paid, the sum would not have
been augmented after the baptized Jews had been freed from paying.
Milwitzky, then, errs when he says that the tax was not imposed upon
each individual Jew or upon the heads of families, but upon the com-
munity as a whole. He believes that the communal authorities fixed
the individual rate of taxation. So, too, there is no basis for Caro's
statement that it was a land tax. 4
Graetz calls the tax censio, exactio, functio, impensi-0, indictiones
judaicae, since these terms are used in the law regarding this tax. 6 Juster
shows, however, that these terms are generic and signify any impost. 8
They are often used in the Leges V isigotlwrum of non-Jewish taxes.
When the specifically Jewish impost is meant, the adjective judaicu~ is
generally added, as in indictiones judaicae.
Soon after the enactment of this law Egica reduced all the Jews to
sla very because of their treason. In order that the fiscus might not suffer
from the sudden degradation to slavery of a large and wealthy class of
taxpayers, the lands formerly occupied by the Jews were assigned to a
selected number of their former Christian slaves, by whom the previous
quota of taxes was henceforth to be paid to the state. 1
b) Gaul
The sources do not mention any special tax levied upon ali the Jews in
Gaul. The charters granted by Louis the Pious to certain Jews forbade
any one to force them to pay taxes. It is true that they had to pay
1 L. Ving., XII, 2, 18; cf. 16 Toledo, Tomus (MGH., L. Vig., p. 482; Gonzalez. 560; Mansi, XII, 62).
2 H. Graetz, Die Westgothuche Guetzgebung in Betreff der Jwl.en (Breslau, 1858), p. 20, n. S.
1 Wm. Milwibky, 'Aljama,' JE., 1, 400.
4 G. Caro, Srnial- und Wirchaft4geschichie der Jwl.en, 1, 81-82.
Graetz, loe. cit.

s Juster, Cond., p. SSS, n. 2.
7 17 Toledo, c. 8 (Gonzalez, 696; Mansi, xu, 102).
1 Formulae imperialu, 80, SI, 52 (MGH., Form., pp. 809, 810, 825).
yearly taxes 1 and to give a share of their profits to the palace, 2 but
Christian merchants had to make the same distribution. In at least one
instance the Jewish merchants paid a tenth of their earnings to the
palace, while Christian merchants paid only an eleventh:
Et de cappis et aliis negotiatoribus, videlicet ut ludaei dent decimam et negotia-
tores christiani undecimam.1
1 Amulo, Ep. contra Judaeoa, c. 44 (PL . cxv1, 172).
1 Formulae imperiale1, S7 (J/GH., Form., pp. 814-815).
1 Capilulare Cari1acen1e (Charles n, June 14, 877), c. 81 (MGH., Capil., u, 861). See infra, pp.
184-185.
CHAPTER IX
JURISDICTION IN CIVIL AND PENAL ACTIONS

l. JuR1so1cTION BY JEWISH CouRTs
I N subjects
order that they rnight limit the special rights belonging to certain
of the Roman Empire, the Christian emperors wished to con-
strain the Jews to defend their actions before Roman tribunals. Although
the Jews were granted exclusive jurisdiction in religious matters, in S98
their competence in civil actions was limited. The Jewish courts could no
longer summon litigants to appear befare them, but if the litigants were
willing, the case could be tried befare them. The law, then, merely
restricted the jurisdiction by Jewish courts without suppressing it
entirely. 1 The law applied to the Jews in the whole Roman Empire,
to those of the Diaspora as well as to those in Palestine: The Jewish
communities dispersed throughout the Empire continued to exercise the
privilege until the end of the Western Empire. 2
This privilege seems to have been maintained even under the Ostro-
goths, the Visigoths, and the Merovingians. Theodoric, king of the
Ostrogoths, ruled that the Jews had this right:
Circa ludaeos privilegia legibus delata serventur: quos inter se iurgantes et
suis viventes legibus eos iudices habere necesse est, quos habent observantiae
praeceptores.a
These privileges were extended only in civil actions; in penal actions the
Jewish courts had no competence, except in matters appertaining to
religion. 4
a) Spain
The Bre:viarium Alaricianum permitted the autonomy of jurisdiction
by Jews within the limits set by the Theodosian Code. 6 In civil matters
the Jewish tribunals continued to constitute a court, not one arbitrarily
imposed upon the litigants, but a court which became such only by
agreement of the contesting parties. Penal jurisdiction they could
1 C. Th.: JI, l, 10 (8 February 898); d. C. J., 1, 9, 8.
'Cassiodorus, E:r:potitio in Ptalterium, Ps. LVIII, 12 (PL., LXX, "16): 'Nam quamv iuri Romano
(ac. Iudaei) 11int subditi, suo tamen more vivunt ubique dispersi. . . '
1 Theodoric, Edict., 148 (MGH., Legu, v, 166).
'Juster, Emp., n, 168.

C. Th., JI, 1, 10; Brw., u, 1, 10 and lnlerpretatio. CC. R. Urefta y Smenjaud, La leglaci6n
g6tieo-hiapana (Madrid, 1906), pp. 889-840.
106
Jurisdiction in Cfril and Penal Actions 107
exercise only in religious matters. 1 In such cases they were independent

and their powers were nearly unlimited, except that they could not
impose the death penalty. These rules were observed during the time
that the Breviarium remained in force, that is, until Receswinth's reign
(654). But autonomous jurisdiction must have been withdrawn when
the Jewish cult was declared illegal.
After the abrogation of the Breviarium, there were no special dis-
positions regarding the jurisdiction by Jewish courts. An extension of this
autonomous jurisdiction was forced upon the baptized Jews, who bound
themselves in their placita to punish by death those who returned to
Judaism. 2
In a law de transmarzis negotiato-ribus it was decreed that in processes
among themselves merchants from across the sea should be tried not by
Visigothic judges, but by their own telonarii (themselves probably
transmarini negotiatores) according to their own law. 3 This exception
applied only to such merchants who carne from over the sea, that is,
from Africa, Byzantium, l\farseilles, or N arbonne. Merchants who carne
from Gaul by way of the Pyrenees were not included. The law does not
mention Jewish merchants, and it is probable that they were not included
in its provisions, since they were subject to so many disabilities in Spain.
b) Gaul
In matters concerning their religion, and in civil cases among them-
selves, the Jews seem to have had the right to try cases before their own
judges according to Jewish law.4 Germanus freed a baptized Jew,
Amantius, who had been imprisoned by the Jews because he refused to
abide by their laws. 6 In mixed cases or in penal actions the Jewish
courts had no authority, and the case was tried according to the leges loci,
that is, in the south according to Roman law, in the north according to
Frankish law. 6
In the charters and capitularies of the Carolingians the lex of the Jews
refers not to Roman law, but to Jewish law. So, in two charters granted
1 Bref!., 11, 1, 10, lnhrpretatio: 'de solo lamen civili negotio.'
1 L. Vi.rig., XII, i, 17; cf. Placitum under Chintila (ed. Urefla y Smenjaud, op. cit., p. 574).
1 L. Vi.rig., XI, S, i; cf. F. Dahn, 'Ueber Handel und Handelsrecht der Westgothen,' Z. fr iUu
guamte Handel.rrt.eht, X'VI (1871), 89i-408, and M. Torres, Leccmu tk hi.rtoria del tkrecho eapaffol
(Salamanca, 1985), II, 107-108.
4 Cf. the various epitomes of the Lu Romana Vi.rigothorllm (BretJ.), 11, 1, 10, in Haenel's edition,
p. 84: Epi/,()me Asgidii, 'Ut Judaei nter se eorum legem custodiant'; Epi/,()me Monachi, 'Judaei
omnes negotia, quae inter se habent, lege sua definiant; quae vero cum Christianis habent, nostris
legibus apud judicem provinciae confligant'; cf. Lu Romana Curienm, n, 1, 10 (Haenel, p. 84).
'Venantius Fortunatus, Vita S. Gttrmani, c. 64 (MGH., AA., IV, 2, H).
1 F. Dahn, Die Kiinige der Germanen (Leipzig, 1895), \'11, S, 20; E. Loening, Guchichte dea deutachen
Kirchenrt.ehla (Strassburg, 1878), u, 51-55.

to certain Jews by Louis the Pious they are pennitted 'secundum legem
eorum vivere' ;1 in another charter, 'secundum legem suam vivere.' 2 In
a capitulary of doubtful authenticity it is stated:
Si Judaeus contra Judaeum aliquod negocium hahuerit, per legem sua.m se
defendat.1
Significant, too, is the clause in the same capitulary:
Ut nullus Iudaeus neminem Christianum in wadium ah ullo Iudaeo aut ah alio
Christiano mittere praesumat, ne deterior fiat; quod si facere praesumat,
aecundum suam legem reatituat et debi.tum et wadium aimul perdat.
!l. JuRISDICTION BY NoN-JEw1sH CouRTs
After the law of 898, 6 only the non-Jewish courts. were competent to
try civil and penal cases, with the exception of matters involving the
Jewish religion.
a) Spain
The Breviarium followed the principie that Christian tribunals had
jurisdiction in processes between Jews and Christians or among Jews. 6
No special rules of procedure before these courts were decreed for the
Jews. Under the Catholic Visigoths, however, new rules were enacted.
In cases involving the return of baptized Jews to Judaism, or the celebra-
tion of Jewish ceremonies by non-baptized Jews, Erwig prescribed that
priests must assist the civil magistrates. 7 New penalties were voted by
Chintila and his successors (until Erwig's time) against baptized Jews
guilty of judaizing. 8 Receswinth introduced a very serious disability
which applied to the Jews. They could not bring processes against
Christians, and when cases between a Jew anda Christian were brought
before the court, the Christian could not be submitted to the question. 9
b) Gaul
In cases involving a Jew anda Christian the Jews of .Merovingian Gaul
seem to have come before non-Jewish courts. They were tried according
1 Formuu imperialea, 80, 81 (MGH., Form., pp. 809, 810).
1 /bid., 52 (MGH., Form., p. 825).
1 Capitula de Judae, c. 6 (MGH., Capit., I, 259).
' !bid., c. 2 (MGH., Capit., 1, 258).
1 C. Th., u, 1, 10.
8 Breo., n. 1, 10 and lnterpretatio.
7 L. Vig., XD, 8, i5.

1 [bid., XII, 2, 11; XII, 2, 17; XU, 8, 18.
9 [bid., XD, 2, 9.
Juriadiction in Citiil and Pena/, Actions 109
to the leges lcci, that is, in the south according to Roman law, in the
north according to Frankish law. 1
The Jews of Carolingian Gaulsubmitted to the Frankish law of proof,
the trial by ordeal, which otherwise was used only in the case of slaves. 2
The charters which Louis the Pious accorded certain Jews granted them
exemption from the trial by ordeal ;3 hence ex argumento a contrario, Jews
were ordinarily subject to it. The Jews do not appear to have had the
wergild of the Romans. A fine of ten pounds of gold was set for the
murder of a privileged Jew, but the fine was to be paid not to his kinsfolk
but to the fiscus. 4
Between 822 and 825 Agobard had come to the court of Louis to
protest against the laws conceming the baptism of the pagan slaves of
Jews. The substance of his complaint was that the privileges of the
Jews were rigidly upheld. They hada 'magster Judaeorum,' 5 a preserver
of their privileges, 'Evrardus, qui Judaeorum nunc magster est.' 6 This
master of the Jews appointed by Louis threatened Agobard with the
arrival of the 1nissi dominici, who would punish him for his audacity. 7
In fact, these missi had come to Lyons, where they treated the Christians
very harshly. They protected those Jews, however, who had charters
declaring that they were right. 8 The missi seem to have brought with
them capitulara sanctionum, which may be connected with the lost laws
of Louis the Pious concerning the Jews. 9
Waitz1 and Simson 11 believe that the magister Judaeorum had power
over the Jews in the whole kingdom. His powers, however, could not have
been very great, inasmuch as he could not act against Agobard until the
missi arrived. It is more likely that he was a local official who had the
task of protecting the Jews in a specified community. 12 He may perhaps
be identical with the master of merchants mentioned elsewhere. u
1 Supra, p. 107, n. 6; H. Brunner, Deuche &chguchichte (id ed., Leipzig, 1906), 1, 408. See alao
Epitome Monachi, aupra, p. 107, n. 4.
1 Capitula lk J~. c. 6 (MGH., Capit., I, 259).
1 Formulae impn-iak1, SO (MGH., Form., p. S09).
' lbl., SO, 81 (MOH., Form., pp. 809, 810).

Agobard, Ep. 4 ad procem palatii 1 (MOH., Ep., v, 165; PL., c1v, 105); Ep. 6 ad proceru palatii
11 (MGH., Ep . v, 181; PL.. CIV, 178).
Agobard, Ep. 9 ad Nibridium (MGH., Ep., v, 200; PL., c1v, 112).
1 For the duties of the mn see J. W. Thompson, 'The Decline of the Missi Dominici in Franki.sh
Gaul,' Decennial Publication1 of the Uniferaity of Chicago, lst ser., IV (Political Economy
History, etc.) (Chicago, 1908), 29S-296.
1 Agobard, Ep. 7 de in1olentia Judawrum, c. 2 (MGH., Ep., v, 182; PL.. et\", 70-71).
Formulae impnialu, Sl (MGH., Form., p. 810).
"'10 G. Waitz, Deutache Veef<Uaung1guchichte (2d ed., Berln, 1888). m, 549.
L 11 B. Simson, Jahrbcher de1fr.nln"achen &ich1 unter Ludwig dem Frommen (Leipzig, 1874). 1, 896.
11 O. Stobbe, Die Juden in Deui8chland walirend IU1 Mittelalter1 (Brunswick, 1866), p. 198.
1 Aronius, Regetten, p. 40, No. 96.

A charter granted by Louis the Pious states that in civil cases, if the
litigation cannot be settled easily and with justice within the town
where the Jews dwell ('infra patriam'), it shall be brought before the
king for settlement. 1 In another charter it is stipulated that if cases
cannot be settled locally without prejudice or disadvantage, they are to
come before the king or the 'magster illorum, quem super ea et super alios
negotiatores praeponimus.' 2
8. TESTIMONY
Justinian was the first to deprive the Jews of the right to testify in
certain cases. 3 They could not bear witness against an orthodox Chris-
tian, but they could testify for him. Consequently the Jews were
excluded from giving evidence when both parties were Christians, since
testimony for one would be against the other. The Jews, then, could
testify only when one litigant was Christian, and then only if the testi-
mony was favorable to him. They could testify freely, however, when
both parties were heretics or Jews.
a) Spain
The Fourth Council of Toledo interdicted baptized and relapsed Jews,
even when they had returned to Christianity, from testifying in court.'
This prohibition probably did not include non-baptized Jews. Reces-
winth was the first to prohibit certain kinds of testimony from Jews.
They were left free to testify against Jews, but not against Christian free
men and slaves. 6 The baptized Jews were included in this regulation.
Their sons, however, if a judge or priest attested their orthodoxy, were
permitted to give testimony in court. This measure was renewed by
Erwig. 7
b) Gaul
Charlemagne decreed in 809 that when a Jew brought a charge against
a Christian and the testimony was to be taken from witnesses, the
Christian was to produce only three witnesses, while the Jew was to ha.ve
four, seven, or nine witnesses according to the importance of the charge.
If a Christian brought a charge against a Jew, he had to have three
1 Formulad impmalu, 81 (MGH., Form., p. 810).
' lbid., 87 (MGH., Form., p. 815).

1 C. J., 1, 5, 21; NOfJ. J., XLV, 1 (687).
4 4 Toledo, c. 64 (Gonzalez, 884; Mami, x, 684).
6 L. Vuig., xu, 2, 9 .
llrid., Xll, 2, 10.

7 lbid., xn, S, l.
Jurisdiction in Cit'il and Penal Adions 111
Christian or three Jewish witnesses. 1 In this connection it is of interest

that when the Jewish money-lender Armentarius carne to collect his
debt from lnjuriosus in 584, he was accompanied by a Jew and two
Christians, who may have been brought as witnesses. 2 In the charter
which Louis the Pios granted the Jews Domatus and Samuel, one clause
states that when a Christian has a litigation with them, he should have
three Christian and three Jewish witnesses. The Jews likewise, in cases
brought against Christians, were to have Christian witnesses. 3 In
another charter given to the Jews David and Joseph appears the addi-
tional stipulation that when one of these witnesses wishes to conceal the
truth, the comes who hears the evidence shall compel him to speak the
truth.4 These clauses are repeated in the patent granted to the Jew
Abraham oF Saragossa. 5
4. ATHS
A special oath which the Jews had to swear in court proceedings did not
appear before the ninth century, although the special formulas of abjura-
tion which the Jews of Visigothic Spain had to make are analogous. 8 The
Cap1'tula de Judaeis of Charlemagne and Louis the Pious hada distinctive
oath for Jews. The Jew was to hold the Pentateuch in his hand while
he swore:
So help me God! The same God that gave the law on l\fount Sinai; may the
leprosy of the Syrian N aaman not come upon me, as it did on him, nor the earth
swallow me upas it did Dathan and Abiram; in this matter 1 have done thee
nothing that is evil.7
The same capitulary stipulated that the Jew shall clear himself by an
oath on rclics. 8 This recalls the Byzantine oath, and is probably derived
from it.g
5. PENAL FFENBEB
In the following sorne account will be given of the crimes committed

by Jews of Spain and Gaul. Our information, especially for Spain, is
1 Capitulare milsorum Aquiagranense alterum, c. IS (MGH., Capit., 1, 152).
2 Gregory of Tours, H.F., vu, 28 (MGH., Script. MerOf!., 1, SOS).
1 Formula.e imperialu, SO (MGH., Form., p. 809).
'lbid., SI (MGH., Form., p. 810).

Jbid., 52 (MGH., Form., p. Si5).
Supra, pp. 29 ff.
7 Capitula de Judaeia, c. 4i (MGH., Capit., 1, ll.58); an expanded form of the oath is found in c. 5
(Jc. cit.). Cf. the oath 'more judaico,' which Jews were compelled lo swear in German court.s until
comparatively recent times.
s Capitula de Judaeil, c. 6 (MGH., Capit., 1, i59).
9 Z. Frankel, Die Eidealeistung der Juden (Dresden, 184.0), p. 69.
11~ The Jews in the Kingdoms of Spain and Gaul
scanty. Although for most of these offenses we have but one example,
even abare outline may be of interest in determining another aspect of
the life of the Jews in the Diaspora.
a) Brigandage
An inscription, probably spurious, relates that an official from Illyria,
who had made a reputation as a zealous enemy of highway robbers,
was slain while on an imperial mission in Gaul sometime before 861. The
act was committed at Peyruis on the Durance.
A SICCARIIS ET JVDAEl&-IN VICO C.
PETRONII AD RIPAM DVRANTIAE. 1
b) Murder
We know of only one murder, that of the Jew Priscus in 58!l by Phatir,
a baptized Jew. 2 It is noteworthy that there occurs no mention of the
so-called ritual murder in any of the writings of the period. Even the
violently anti-Jewish bishops Agobard and Amulo fail to include it in
their catalogues of Jewish 'insolence.' The accusation is a development
of the Iater Middle Ages.
e) Sacrilege
The Jews were often accused of sacrilege or offenses against the Chris-
tian cult and especially of blasphemy against Christ. Gregory of Tours
relates that a Jew who had stolen a sacred statue from a church so that
he might burn it was stoned after the theft had been miraculously
exposed.' The Visigoths had forbidden anyone to blaspheme the Chris-
tian faith. 5 Agobard and Amulo, as we have seen, accused the Jews of
blasphemy against Christ. 8
d) Magic
The Council of Narbonne (589) forbade the practice of magic by
Jews and other people. 7
1 l. Gruter and J. G. Graevius, CurptU iMcriptmum (Amsterdam, 1707), 1, 2, 495, No. 7; p. 497,
No. l. Cf. L. 1\1. de Boissi, DU1ertatioM critiquu pour ,_r d'eclairiamnent a l'hilfoire du Juif
(Paria, 1787), 11, lS.
2 Gregory o Tours, H. F., VI, 17 (MGH., Script. Meroo., 1, 260).
1 Cf. D. A. Chwolson, Die Blutanklage und IOMtige mitdalrliche BucluJdigungen r Judtm
(Frankfurt a/M., 1901). where the falseness of this accu.sation is effectively proved.
'Gregory of Tours, In gloria martvrum, c. 21 (MGH., Script. Meroo., 1, 501).
6 L. Vt#ig., XII, 2, 4; XII, s. 2.
1 Supra, pp. 89-40, 66, 68.
7 C'ouncil of Narbonne, c. 14 (Gonzalez, 662; Mansi, IX, 1017).
Jurisdiction in Ciril and Penal Actiona 118
e) Sexual Crimes
As early as the time of Ticitus the Jews were accused of being licen-
tious.1 This accusation was taken over by the Church Fathers and thence
into the anti-Jewish literature of the Church. Agobard says that the
Jews often led astray Christian women in their employ. 2
f) Assault and Battery
The Burgundian law attributed to Gundobad contains one article
concerning the Jews. It condemns any Jew who assaults a Christian
in any way to the loss of bis hand or a fine of eighty-seven solidi. If
he strikes a priest, the crime must be atoned by death and the forfeiture
of bis estate to the.fiscus. With this law may be compared the decree of
the Council of MAcon (581) which insisted that Jews were at ali times
to show full respect to priests. 4 The Council of Rheims (6~7-U30)
declared thatJewsshould not be permitted to slander Christians. 6 Accord-
ing to a false capitulary of Charlemagne, if a Jew commits a crime against
a Christian law or against a Christian, he is to be sewn like a parricide
in a sack and cast into a deep pool or burned. 8
g) Revolts and Uprisings

In 418 Severus of Minorca led a mob to the pillage and the burning
of the synagogue at Magona. Severus excuses the attack on the pretext
that sorne Jewish women threw stones at the Christians. A miracle
took place and not one Christian was hurt by the stones. The Jews were
then forced to accept baptism. 7
According to a seventeenth-century writer, Dom Polycarpe de la
Riviere, who gives no source, in 398 a number of Jews took part in
a revolt against the bishop Stephen at Avignon.
Unde et collecta non parva seditiosorum et Judaeorum multitudine, praefectus
urbis cum Lucerio ecclesiae parietes circumvallens, dat Stephano mandatum, ut
exeat, adeoque minatus, ni exeat exturbatum. 8
Dom Polycarpe is, however, suspect in so many details that we cannot
give credence to this statement, unsupported as it is.
1 Tacitus, Hi1toriat, v, : 'proiectissima ad libidinem gens . . . inter se nihil illicitum.'
t Agobard, Ep. 9 ad Nibridium (MGH., Ep., v, 199; PL., crv, 111).
1 Ltgea Burgundionum, Lu Gundobada, cu, 1-S (MGH., Ltgta, 1, 2, l, 114). The date of the law
is uncertain (517?). Brunner, DeulacM &chl1guchichlt, 1, SS2, fixes the date between 480 and 500.
' Council of MI.con, c. 14 (MGH., Conc., 1, 158; Mansi. IX, 984).
Council of Rheims, c. 11 (MGH., Conc., 1, 204; Mansi, x, 96).
1 Capitula de Judaei1, c. 6 (MGH., Capil., 1, 29).
T Severos, Ep. de Judaeil (PL., XX, 7S6).
1 Dom Polycarpe de la Rivi~re. Annalu A~nionienaium epiaroporum, Tome 1, lib. u, fol. 188
(Bibliotheque de Carpentru, MS No. llOS).
When Hilderic, governor of Nimes, revolted against the Visigothic

king Wamba in 67~. many of the Jews joined in the revolt and gave
effective aid. 1
h) Treason
In the year 508 the Franks and the Burgundians besieged Arles. The
Arian king of the Visigoths, Alaric 11, to whom the province belonged,
had died. Theodoric, king of the Ostrogoths, and like Alaric an Arian,
had come to defend the remains of the Visigothic kingdom against the
two allies. During the siege, a priest of the city, a kinsman of the bishop
Caesarius, 'animated by the levity of youth and the fear of captivity,'
let himself clown from the battlements by a rope and entered the enemy
lines. At this news the Goths, accompanied by the Jews of Arles, carne
to the bishop's house and cried that Caesarius wished to deliver the city
to the besieging force. They entered the house, seized the bishop, and
wished either to cast him intQ the Rh'me or to confine him at Beaucaire
(Castrum Ugernense). 2 They attempted to conduct him by boat, but
all efforts to move the boat from the shore proved vain. Meanwhile,
one of the Jews, a sentinel on the walls, tied a letter to a stone and tried
to fling it into the Frankish lines. The letter fell short and next morning
was found by a Visigothic soldier during an interval when the enemy
had retired. This letter indicated a certain point in the defenses where
the Franks might effect an escalade. As a reward for this betrayal it was
stipulated that in the sack the persons and property of the Jewish
inhahitants should be spared. 'Thus was the fiendish cruelty of the race,
hated both by God and man, exposed in open day.' The bishop was
forthwith released. 3
The tone of the recital arouses sorne suspicion of its authenticity.
A kinsman of the bishop goes over to the enemy. He is accused of
having been the agent of Caesarius and the treason of the prelate is
about to be punished. Fortunately for him the proof of a proposed
act of treason by a Jew is discovered. The Jew has given bis name and
that of his sect. This discovery saves the life of the bishop, who is
immediately released. It is impossible to see how this circumstance frees
Caesarius of the suspicion awakened by the conduct of his kinsman.,.
1 Julian of Toledo, Historia Wambae, c. 5 (MGH., Script. Meroo., v, 504); cf. supra, pp. 16-17.
1 For the identification of Castrum UgerneMe see A. Longnon, Gographie de la Gaule au VI acle
(Paris, 1878), pp. 436-487.
Cyprian of Toulon, Vita S. Cauarii, I, 28--Sl (MGH., Script. Meroo., m, 467-468). The Vita
was 'l\Titten between 542-549.
l. L\', 'Saint Csaire et les Juifs d' Arles,' REJ., xxx (1895), 295-298, and C. F. Arnold, Caesarius
"" Arelate und die Gallische Kirche aeiner Zeit (Leipzig, 1894), p. 247, consider this discrepancy
important.
Jurisdiction in Civil and Penal Actions 115
Even if we admit that this new act of treason had caused the other to be
forgotten, we must agree, at least, that the discovery of the Jew's treach-
ery carne very opportunely.
The cowardice of the Jew is difficult to understand, inasmuch as it
shows a strange ignorance of the respective dispositions of the Catholics
and Arians in regard to his coreligionists. The Goths and the Jews had
made common cause against the Catholics, yet he attempted to summon
the Catholics into the city. It was because the Arians had been tolerant
masters that the Jews had taken up arms to defend Arles. The Jew who
was accused of treachery was prepared to betray Theodoric, who had
often shown himself friendly to the Jews. 1 To commit the act he chose
the very hour when the city was aroused because of the alleged treachery
of Caesarius.
The account as related by Cyprian of Toulon, a panegyrist of Caesarius,
must be accepted with caution. Furthermore, Caesarius himself had
been accused once before of treason. His secretary Licinian had de-
nounced him three years earlier to Alaric for wishing to surrender Arles
to the king of the Burgundians, whose subject he was by birth. Alaric
thereupon exiled him to Bordeaux. 2 Later, about 513, he had to defend
himself before Theodoric, who had ordered him to be brought to Ravenna.
Little credence can be given to any of the accounts of treason, whether
ascribed to Caesarius or to the Jew at Arles. We are not justified in
saying, as does Juster, 3 that the bishop had forged the letter so as to plant
suspicion on the Jew, thereby removing it from himself. Nor can we,
on the basis of an authority so suspect, pronounce the Jews guilty of
treason. Arnold indeed explains the alleged treason of the Jews by
the fact that Caesarius presided at the Council of Agde, which forbade
Christians to eat with Jews. But this measure was certainly not serious
enough to inspire such a hatred on the part of the Jews. 5
In 693 the Jews of Spain, driven to desperation by the persecutions of
the Visigoths, asked aid from their brethren in Africa, and made plans to
deliver Spain to the more tolerant Moors. 8 The plot was discovered,
and Egica called the Seventeenth Council of Toledo (9 November 694)
to deal with it. The Jews were, as we have seen, reduced to slavery. 7
1 Cassiodorus, Variae, IV, SS (MGH., AA., XII, 128-129); v, S7 (op. cit., XII, 168-164).
2 Vita Caeirarii, 1, 21-22 (MGH., Script. Meroo., m, 459--460); cf. F. Dahn, Da Konige der Ger-
manen (Wrzburg, 1870), v, 112, n. 10.
'Juster, Emp., u, 21S.
4 So, e.g., G. Kurth, ClOfJ (2d ed., Paris, 1901), u, 101-104; S. Dill, &man Society in Gaul in tM
Jlerooingian Age (London, 1926), pp. 99-100.

1 Arnold, op. cit., p. 248.
1 17 Toledo, Tomus (MGH., L. Viaig., p. 484; Gonzalez, 587; Mansi, XII, 94).
7 Supra, p. 21.
There is a copious literature on the part played by the Jews in the

conquest of Spain by the Moors in 711. In his translation of Al-Makkari,
Pascual de Gayangos says that among the Arab invaders of Spain there
were many Berbers of the Jewish religion, and that this explains their
sympathy for the Jews. 1 Ibn Khaldoun, a late source, also tells of the
conversion of whole tribes of Berbers to Judaism. 2 Graetz, on the other
hand, believes that Jews who had migrated to Africa to escape Visigothic
persecution helped in the downfall of the kingdom. 3
The anonymous Arab chronicle of the eleventh century, Akhbar
Madjarrwua (Collection of Traditiona), 4 relates that Granada was confided
to a garrison composed of Jews and Moors. This was done wherever the
Jews were found. At Malaga, capital of Reiya, there was no garrison,
because no Jews were found there and because it was abandoned by its
inhabitants. Ibn Adhari :M:errakechi (thirteenth century) recounts the
capture of Toledo. 6 'TArik found this city abandoned; there remained
only a small number of Jews. Having organized in military
fashion these Jews, he took up the pursuit of the fugitive [prince].'
The two historians, Dozy' and Saavedra, 7 admit the collaboration of the
Jews. But the Latin sources, the Anonyme de Cordoue ( = Isidore Pacensis,
Chronicon), contemporary with the events, the Chronicles of Albelda,
Alphonse 111, and the Monk of Silos, make no mention of Jewish partici-
pation. Tailhan therefore denies that they took part in the conquest of
Spain, and attempts to free them of the charge of treason. 8 He argues
that the Jews were naturally too cautious to have espoused the Arab
cause in the beginning of the invasion, when the issue was uncertain.
The memory of their punishment for treason under Egica would have
prevented them from risking further vengeance. It is impossible,
1 Pascual de Gayangos, The Ili1tory of tlze Mokammedan Dyncutiu in Spain (London, 1840), l
511, n. 15.
2 Baron de Slane (transl.), lbn-Khaldoun, Iltoire du Ber'beru et du dyruuCiu mwulmanu de,
l'Afrique atptemrionak (Algiers, 1852), 1, 208-209; cf. P. Monceaux, 'Les colonies juives dans
l'Afrique romaine,' REJ., xuv (1902), 9, 27.
'Graetz, v, 156.
4 French translation by R. Dozy, Recherclres mr l'histoire el la littrature de l'Eapagne pendant le
moyen-ge (Sd ed., I.eyden, 1881), 1, 48-54. 'The moslem general <'Onfided the guardianship of the
city Toledo to the Jews,' p. 52. 'Having placed the Jews in garrison al Seville, l\lousa marched
against Merida,' p. 54.
1 French translation by G. Fagnan, Ilistoire de l'Afrique el de l'Eapagne inlitulle Al-Bayano'L-Mo-
grib (Algicrs, 1904), 11, 18.

1 R. Dozy, Ilistoire des Mumlman1 d'Eapagne (Leyden, 1861) (rev.sed ed. by E. u,;_Proven~I.
Leyden, 1932), 11, 85-36.

7 E. Saavedra, Estudio aobre la inrian'6n de w rabea en Eapaffa (Madrid, 1892), pp. 89, 94, 96.
Cf. T. Hodgkin, 'Visigothic Spain,' Engli.th Iltorical Rniew, 11 (1887), 227.

1 J. Tailhan, 'la ruine de l'Espagne gothique (549-713),' &roe du quntion hilloriquu, XXXI
(1882), 384-386; idem, Anonyme de Ccmloue (Pars, 1885), p . 17~.
Jurisdiction in Civil and Penal Actions 117
however, to ignore the statements of the Arab chroniclers. The silence

of the Latn chronicles is surprising, but it is not general. 1 Both Roderic
of Toledo2 and Lucas of Tuy mention that the Jews aided the Arab
invaders. It should be noted, however, that all the sources, Arabas well
as Latn, are later, and for this reason, at least, the evidence they offer
may not be entirely trustworthy.
In 848 the Jews were accused of betraying Bordeaux to the Normans.
According to a late and unreliable source, 5 the Jews of Toulouse opened
the gates of the city to the Saracen invaders. In punishment for this
crime Charlemagne ordered that each year on the three principal holidays,
a Jew of Toulouse must present himself at the door of the cathedral to
have his ears boxed publicly. This custom was called the sou.lftet,. The
story is improbable, since we know of no invasion of Toulouse by the
Saracens. The hagiographer may be confusing this with the account of
the invasion of Gaul by the Normans at this period. 1
1 L. Schwenkow, Die lauiniach guchriebenen Quellen zur Guchichle der Eroberung Spannr dvrch dit1
.haber (GHttingen, 1894), Cails to point this out. The Jewish sourccs are conCused, l. Loeb, 'Jose(
Haccohen et les chroniqueurs juiCs,' REJ., XVI (1888), 218.
1 Roderic o Toledo (ob. l't47), De relnu Hpanu, m, 28-H (Scbott, Hupanu illtutratae (Frank-
furt afM.), 1608, m, 67-68).

1 Lucas of Tuy, Chronicon mvndi, m, Era 748 (Scbott, op. cit., 1v, 70).
4 An11alea Bertiniani, an. 848 (MGH., SS., 1, 448); Chronicon dt1 gutia Normannorvm in Francia,
an. 848 (MGH., SS., 1, 588).

1 Vita S. Theodardi, c. 5 (AASS., May, 1, 1, 148).
1 G. de Cate!, Mbnoirea de l'htoire dv Lan(IVedoc (Toulouse, 16SS), pp. 517-520; E. Cam11u, 'Les
JuiCs en Provence,' in bis La ProtJence i\ traura lea ai~clu, No. 5 (Paris, 1928), p. 268.
CHAPTER X
THE JEWS IN PUBLIC OFFICE

1. ExcLUSION oF JEws FROM FFICE
BECAduring
USE of their Roman citizenship the Jews had the ius lumorum
the pagan period of the Empire. Septimius Severus and
Caracalla admitted them to every office, without demanding of them that
they abandon their religious beliefs. 1 With the coming of Christianity var-
ious legal disabilities were applied to the Jews. Towards the end of the
fourth century both their civil and their political rights were restricted.
They were excluded from high offices and the army; only the onetous mu-
nera were Ieft them. 2 But the municipal offices and perhaps the honorific
offices and titles were open to them. In 438 the Jews were declared
ineligible to occupy any public office, active or honorary, of the state or
municipality. 3 Justinian and his successors maintained this law, 4 and
they were followed by the Visigoths and Merovingians.
a) Spain
Alaric adopted the rules followed in the last days of the Roman Empire.
The Jews were excluded from honores; every honorific title or public
office was forbidden them. Only the charges of the curia and the other
obligations continued to weigh upon them.
The Third Council of Toledo excluded the Jews only from offices by
virtue of which they might be able to punish a Christian. 6 This edict was
milder than the disposition of the Roman law. The Fourth Council of
Toledo, under Sisenand, made amends for this laxness. It excluded the
Jews, even the baptized ones, from every office under penalty of a public
lashing. Any magistrate who permitted them to usurp public offices
was anathematized. 6 This disposition was confirmed by the Eighth
Council of Toledo under Receswinth. 7 Erwig renewed it, and like the
Fourth Council extended the prohibition even to baptized Jews. He
1 D., r., 2, S, S.
! C. Th., xvt, 8, 16 (404):' . . . om.ni militia privandos esse censemus.'
1 Noo. Th., m, 2.
~ C. J., I, , H, 6.
8 Toledo, c. H (Gonzalez, 852; Mansi, IX, 996).
6 4r Toledo, c. 65 (Gonzalez, 884-885; Mami, x, 685).
7 8 Toledo, c. H (Gonzalez, 489-440; Mami, x, 1220-1221).
118
The J ews in Public Office 119
forbade the Jews to hold any public or private office which implied an
authority over Christians, 'Christianum distringere, plectere, coercere
vel in eum desevire.' The penalty for violations became more severe.
The offending Jew would have his goods confiscated and receive one
hundred blows of the lash. The Christian who permitted him to usurp
such an office would pay a fine of ten pounds of gold, if he were a noble;
five, if he were nota noble. Only the king had authority to grant a Jew
the right to hold office. 1
b) Gaul
A law of the emperors Theodosius 11 and Valentinian 111 addressed to
Amatius, prefect of Gaul, forbade Jews and pagans to practice law and
to hold public offices, lest Christians serve them and be induced to change
their faith. 2
In 585 the Council of Clermont forbade the appointment of Jews as
judges. 3 The Council of Mil.con in 581 decreed that Jews were not to be
appointed as judges or tax collectors over Christians, lest Christians be
subject to them. 4 The Fifth Council of Paris in 614 prohibited Jews from
demanding or exercising military or administrati ve offices over Christians,
unless they and. their families should accept baptism from the local
bishop. 5 At the same time a similar decree was passed by Chlotar 11. 6
The Councils of Clichy (6~6), 7 Rheims (627-630), 8 and Mcaux (846) 9
passed like measures.
2. FFICES HELD BY J EWS

a) Equestrians
The defensor ciuitatis belonged to the equestrian order. Theodore and
Caecilianus, Jews of Minorca, held the office of defensor in 418, 10 and were
accordingly members of the equestrian order.
2 L. Vmg., xn, S, 17.
2 Const. Sirm., v1 (9 July 4U). The reference to a Jewish judge at Lyons in the time of the
emperor Julian is untrustwortby; De S. Benedicta (AASS., October, 1v, 219-220).
1 Council of Clermont, c. 9 (MGH., Conc., 1, 67; Mansi, vm, 861).
'Council of MAcon, c. IS (MGH., Conc., 1, 158; l\lansi, IX, 984).
li Council of Pars, c. 17 (15) (MGH., Conc., 1, 190; Mansi, X, 542-548); cr. Co111t. Sirm., VI, 'Omnes
igitur personas erroris infausti iubemus excludi, nisi bis emendatio matura subvenerit.'
Cblotar n, Ediclum, c. 10 (MGH., Cap., I, 22). For tbe relation of tbis edict witb the decree of
the Council of Paris, see Boretius, MGH., Capit., I, 22.
7 Council of Clichy, c. IS (MGH., Conc., 1, 199).
Council of Rheims, c. 11 (MGH., Conc., 1, 20-1; Mansi, x, 596).
Council of Meaux, c. 78 (MGH., Cap., 1, 416; Mansi, XIV, 887).
20 Severus, Ep. de J udaeia (PL., xx, 7SS-7M, 741).
b) Senators
Jewish members of the senatorial class are mentioned by Jerome.
He says that the Jews believe that at the coming of the Messiah, Jews of
the highest rank, including senators, will come from Britain, Spain,
and Gaul. 1 In 494 or 495 Pope Gelasius recommended to a bishop the
'vir clarissimus Telesinus . Judaicae credulitatis.':
e) Praeaea
At the end of the fourth century there was a Jewish '/)'T'aeaes of the
Balearic Islands.
Arthemisia siquidem Lectorii (MSS: Lettorii), qui nuper hanc provinciam texit,
et nunc comes esse dicitur, filia, conjugis Meletii conversione commota . . . 1
Arthemisia, daughter of Lectorius, was the wife of the Jew ~foletius.
Since she refused to be baptized with her husband, she was apparently
herself a Jewess and so the daughter of a Jew. Her father Lectorius
held this high office.
d) Decurions
The decurionate was obligatory for Roman citizens. Since originally
the office carried with it the necessity of fulfilling certain pagan rites,
the Jews obtained exemption from the decurionate. In a law addressed
to the people of Cologne in 321, Constantine withdrew the exemption.
'Ad solacium pristinae observationis,' severa} functionarjes of the Jewish
community continued to be exempt from the obligations of the de-
curionate.
Cunctis ordinibus generali lege concedimus Iuda.eos vocari ad curiam. Verum
ut aliquid ipsis ad solacium pristinae observationis relinquatur, binos vel ternos
privilegio perpeti patimur nullis nominationibus occupari.'
Theodore, a Jew of Minorca, was decurion before 418. 6
e) Defensor civitatJ
Beginning in the fourth century the principal functionary of the city
was the defensor civitatJ. He was named at first by the prefect, after-
wards by the decurions from among the clarisS'imi. Jews could hold the
office. In 409 it was decided that the clergy would henceforth elect the
1 Jerome, In lsaiam, LXVI, 20 (PL., XXJY, 672). The commentary was written between 408-410.
t Gelasius, Ep. (~Iansi, vm, 181; PL., LIX, 146; JafF, &gula, 1, No. 654).
3 Se,erus, Ep. de Judaeu (PL., xx, 744).
'C. Th., XYI, 8, S (Sil).

~ Severus, Ep. de Judaei4 (PL., xx, 788-784).
The Jews in Public Office l~l
defensor and only from among orthodox Christians. 1 The Jews were thus
defacto, if not de jure, excluded from this office. In 418 Theodore, a Jew
of Minorca, was patronus, after having been decurion and defensor
civitatJ. 2 He may have been defensor before 409, when election from
among Christians became obligatory. Severos says only that he was
pat,ronus in 418. In that case Dahn's statement that he held the office
contrary to law is not tenable.1 Another Jew of Minorca, Caecilianus,
became defensor after his baptism. 4 In 438 election to this office was
expressly closed to Jews; 5 this interdiction was repeated by Justinian. 6
f) Patronus
In various places the Jews enjoyed the esteem of their fellow-citizens
to such an extent that the honor of patronus was sometimes accorded
them. Thus, Theodore, the chief of the Jewish community at Minorca,
was patronus in 418. 7
S. MILITARY SERVICE
A law, the exact date of which we cannot determine, interdicted to the

Jews the career of arms. In 404 the prohibition was repeated, 8 and in
425 it was again renewed, specifically for Gaul. 9 Nevertheless, in 508,
during the siege of Arles, a part of the defense of the city was confided
to the Jews. 10 Jews assisted Hilderic in his revolt against Wamba.11 The
Moors are said to have entrusted to the Jews the gtJardianship of the
conquered cities of Visigothic Spain. 12 In the legendary siege of N arbon ne
by Charlemagne, Jews are said to have assisted him. 13
4. FINANCIAL ADMINISTRATION
a) Tax-gatherers
Jews are often mentioned as holding the office of tax-gatherer or
collector of tolls in Gaul. The Council of MAcon (581), to be sure, had
1 C. J., 1, ll, 8 pr.
t Severos, Ep. de JTlliat! (PL., xx, 7SS-7M) .
F. Dahn, Die Konig11 der G11T111anen (id ed., Leipzig, 1886), vi, Ui.
'Severos, Ep. <U JudaeU (PL., xx, 741).
'Noo. Th., m, i .
c. J., 1, 9, 18.
7 Severa., Ep. <U Juda (PL., XX. 7SS-7M).
c.
1 Th., XVI, 8, 16 (404).
Conat. Sirm., VI (425).
1 Vita Cauarii, J, 28-81 (MGH., Script. Meroo., m, 467-468). Supra, pp. 114-115.
11 Julian of Toledo, Hturia Wamlxu, c. 5 (MGH., Script. MerOf., v, 504). Supra, pp. lrl7.
12 Supra, pp. llrll7.

u Guta Caroli Magni ad Carciu.ronam el Narbonam, c. H (ed. Schneegans, pp. 17rl89). lnfra,
pp. 159 ff.
decreed that no Jews were to be appointed as telonarii. 1 This prohibition

was disregarded; the Council of Meaux (846) deemed it necessary to
renew it.2 In 633 Solomon, a Jew, was collector of the tolls at the Gate
of Glaucinus (today Quai aux Fleurs) in Paris. 3 He was very likely
a convert to Christianity, since in 6~9 King Dagobert had attempted to
convert to Christianity all the Jews in his realm. In Carolingian Gaul
many of the Jews seem to have been tax-gatherers. Amulo relates that
in certain cities Jews were appointed toll-gatherers, and as such oppressed
poor Christians. 4
b) Mint-masters
The attempt has been made to identify a mint-master Priscus, whose
name appears on a number of ~Ierovingian coins,& with the Priscus with
whom Gregory of Tours held a theological dispute in 581.6 The mint-
master Priscus seems to have been active at Chalons-sur-Saone about
555. 7 The Jew Priscus was the friend of Chilperic in 581 and died in
58~. He could not have been less than forty years old when he died,
inasmuch as he had a son who was about to be married. The argument
of chronology is sound. The two occupations, mint-master and gold-
worker or jeweler, are entirely compatible, as other sources show. 8
Priscus could easily have come from Chalons to Paris, since King Chlotar,
the predecessor of Chilperic, reigned over Burgundy. Priscus, having
become a friend of the king, would naturally be attached to the court
where he had his interests. What renders this explanation the more
plausible is that Phatir, the baptized Jew who murdered Priscus, had
also come from Burgundy. 9 Schwab rejects the identification on the
ground that the coins in question were later than 58~, when the Jew
Priscus was slain by Phatir. 10 But he gives no proof for placing the coins
so late, and the dating by Ponton d' Amcourt must be accepted. The
1 Council or M!con, c. IS (MGH., Conc., I, 158; Mansi, IX, 984).
t Council or Meaux, c. 7S (MGH . Capit., I, 416; Mansi, XIV, 8S7).
1 Guta. Dagob1rti, c. SS (MGH., Script. MerO'D., 11, 418).
4 Amulo, Ep. contra JU<l.Moa, c. 42 (PL., cxv1, 170-171).
1 M. Ponton d'Amcourt, 'Description raisonde des monnaies mrovingiennes de ChAlons-sur-
SAone,' Annuaire de la aocU frani;aiae t:U nummatique et d'archklogie, IV (187S), 128-131. His
views have been accepted by l. Loeb, 'Le Juif Priscus,' REJ., x (1885), 287-288; A. Luschin, Allge-
meine Mruskunde und Geldguchicli du Mittelalt1ra (Munich, 1904), pp. 82-8S; and A. Dopsch,
Wirt1ehaftliche und aozz/,e Grundlagen t:Ur Europiiilchen Kulturentwicklung (Vienna, 1920), n, 498.
1 Gregory of Tours, H. F., vx, 5 (MGH., Script. M1r01'., 1, 247).
1 Ponton d' Amcourt, op. c., p. 68 and Ducription gbilra du monnaiu mbO'DingUnnu (Pari.s,
1892), I, SiS, No. 1116 and Plate I, 8.

1 Ponton d'Amcourt, 'Les montaires francs,' Annuaire . . numinnatique, VI (188i),
70-88.
Gregory or Tours, H. F . VI, 17 (J!GH., Script. MerOfJ., l, 260).
10 M. Schwab, Review or Aronius, Regeaten, Le Moyen-ge, VI (1898), 89.
T he J ews in Public Office 123
only real objection which can be raised to this identification of the mint-
master is that another Priscus, bishop of Lyons, Iived at this time. 1 It
is not impossible that he was mint-master at Chalons. The short notice
which Gregory of Tours devotes to him merely tells us that he Ied a very
dissolute Iife. 2
Ponton d'Amcourt seeks to find other Jewish minters in Merovingian
Gaul. He mentions a Iacotus, minter at Orleans and at Chalons, ca.
635, 3 Ose, minter at Concoranis (St Lizier), 4 Ius or luse at Macon, 6 and
laco at Viviers. 8 The argument of names is by no means convincing,
yet the identification deserves sorne consideration, especially because the
Jews seem to have played a role in the financia! administration.
In the Carolingian period the Capitula de Judaeis decreed that no
Jew was to have a mint in his home. 7 The decree seems to indicate
not that Jews were forbidden to have mints, but that these mints must
be in certain specified places. If the Jews were entirely forbidden to
have mints, the words in domo sua would be superfluous. Furthermore,
it is unlikely that the Jews were prohibited from trading in wine and
grain, the sale of which was prohibited in domo sua. 8
1 Gams, Ser1 epi.tcoporum, p. 570.
1 Gregory of Tours, H. F., 1v, 86 (ltlGH., Script. MerOtJ., 1, 170-171).
Ponton d'Amcourt, Easai aur la numi"711alique mb-Oflingienne comparle ala glographie de Grlgrrire
de Tours (Pari,,, 1864), pp. 51, 68, and 189. In Ducription raiaomie, p. 111, he shows him to be
the same minter as Iacotus at Orleans; Iacote would be the form of the ablative case.
Pon ton d'Amcourt, Easai, p. 88. The name seems to be equivalent to Osea or Hosea; cf. Gross,
G. J., p. 82.
1 Ponton d'Amcourt, E11ai, p. 112; possibly equivalent to losa or Joseph.
1 Ponton d'Amcourt, Eaaai, p. 184. J . Simonnet, 'Juifs et Lombards' Mlmciru de l'Acadmie
de Dijcm, 2 sr., XllI (1865), 15~161, gives a list of names of Jews living at Dijon and
ChAlons about 1806. The names Jocelot, Josuet, Joce, Jocias, and Jasuot are found.
7 Capitula de Judae, c. S (MGH., Capit., 1, 258).
8 Waitz, Deutache VerfaaaungaguchichU, 1v, 99,, assumes that the Jews were forbidden to have
mints, but in 1v, 99, n. l, he admits the other possibility. His interpretation of mcneta as money-
changing (1v, 99, n. 1) is very doubtful. More possible is the connection of this decree with thjl
CapUulare da mcneta (ca. 820), c. 2 (MGH., CapU., I, 299).
CHAPTER XI
mE ECONOMIC LIFE OF THE JEWS

1. AGRICULTURE
FROM very early times the Jews of the Diaspora engaged in agriculture.
The sources attest the existence of Jewish farmers, land-owners, and
coloni. Our information is somewhat more complete for ltaly and Sicily
than for Spain and Gaul, because of the letters of Pope Gregory the
Great, which are, however, outside our subject. 1
a) Spain
The Talmud has a passage which purports to show that the Span-
ish Jews had long, perhaps from the time of the Temple, pursued
agriculture. 2 A decree of the Council of Elvira (306) also shows that
the Jews were cultivators of the soil in Spain at an early date.
They were accustomed to offer prayers for the crops, including those
of their Christian neighbors. The Council prohibited any Christian
from having his fields or produce blessed in this way. Severus of
Minorca (418) relates that Theodore and bis brother Meletius, Jews of
Minorca, owned land in the Balearic Islands. We may assume that they
cultivated this land with the help of slaves.
The cultivation of land by the Jews of Visigothic Spain must have
been made impossible by the decrees against the possession of Christian
slaves or even coloni by the Jews. 6 New disabilities were constantly
added. A law of Erwig forbade the Jews to do any work in their fields
on Sundays or holidays, on penalty of decal,vatio anda hundred blows of
the lash. Christian servants (coloni?) of Jews were also forbidden to
work on these days. Finally Egica enacted that ali the edifices, lands,
vineyards, olive-groves, and real property owned by Jews must be given
1 Cf. Gregory, Ep., n, SS (59i); v, 7 (594); 1v, 21 (594).
2 T. B. Shebu'ot, 4.1.
1 Council of Elvira, c. 49 (Gonzalez, 284; Mansi, u, 14). A. W. Dale, Thd Sgnod of Eluira (London,
1882), pp. iM--268, give.s a long, but not altogether convincing, explanation of tlJ canon. C. J.
Hefele, Concilienguchichte (id ed., Freburg /B., 1875), 1, 177-178, seea in tha decree a protest
aganst an extensive judaizng movement in Span.
'Severos, Ep. de Judae (PL., xx, 784 and 740).
1 Supra, pp. 98 ff.
a L. Vig., XII, 8, 6.
lit
Economic Lije of tlUJ J ewa 125
to the fiscua in exchange for their price. 1 This measure ended completely
the agricultura} activity of the Jews in Visigothic Spain.
b) Gaul
We have already discussed to some extent the agricultural activity
of the Jews of Gaul in connection with their ownership of land. 2 Most of
this land, as we have demonstrated, was undouhtedly cultivated. It is
highly significant, however, that we find no references to the cultivation
of the land by the Jews themselves. On the contrary, the sources speak
always of the tilling of the land by free Christian day-lahorers, who plow
the fields, cultivate the vineyards, and in general, work the farms. 1
This seems to have heen the normal procedure for Jewish land-owners in
Gaul. It is for this reason, too, that they were precluded in many cases
from the ownership o large estates. The Church vigorously opposed the
employment of Christian servants and slaves by the Jews. As a result,
the Jews were never engaged in large-scale agricultura! activity.
~. CoMMERCE
The importance of the Jews in the economic life of the Roman Empire
and in the early Middle Ages has heen exaggerated. No pagan author
characterizes them as merchants, and, during this period, the names
Jew and merchant are never synonymous. Furthermore, there is nothing
to indicate that they were merchants from choice or predilection. But
from the fifth century more and more Jews were attracted into commer-
cial pursuits, partly because of necessity. Various other activities were
closed to them, few could enter the professions, still fewer could hold
public offices. By the sixth century many of the Jews were engaged in
local trade and in trade with other countries. Gregory the Great refers
to this trade in a letter to Virgilius, hishop of Arles, and Theodore, hishop
of Marseilles:
Plurimi siquidem iudaicae religionis viri in hac provincia commanentes ac
subinde in Massiliae partibus pro diversis negotiis ambulantes ad nostram per-
1 L. Vilig . XD, 2, 18.
1 Supra, pp. 94 ff.
1 Stephen, Ep., 2 (Mansi, XVIII, 177; PL., cXXIX, 857; Jafr~. &guta, 2889 (1880)); Amulo, Ep.
contra Judiu<u, c. 41, 48 (PL., CX\'l, 170, 171); Fcmnulae impmalu, 80, SI, 52 (MGH. Form., pp.
809, SIO, 825).
Thua L. Herzfeld, Handmguchich~ d" Jud111 du Alterthuma (id ed., Brunswick, 1894), pp.
259-278, exaggerates the importance of Jewish merchants in the western Roman Empire. More
trustworthy is the account of V. PArvan, Die NationaliUl.t der Kaufleute in rlnniachen Kaiaerreicha
(Breslau, 1909), pp. 120-lil, which shows that the number of Jewish traders in the west was very
small. Cf. Juster, Emp., n. Sli.
126 The Jews in the Kingdorns of Spain and Gaul
duxere notitiam, multos consistentium in illis partibus Iudeorum vi magis ad

fontem baptismatis quam praedicatione perductos.1
Undoubtedly the Jews engaged in trade, but none of the sources indicates
anything like a monopoly of this activity by them, except perhaps for
the slave-trade. 2 The attempt to develop a very elaborate picture of
their economic life is specious, inasmuch as our sources are so few and
incomplete. Nor can we assume from the statements of Agobard and
Amulo, who attributed great wealth to the Jews, 3 that this wealth was
accumulated solely by trade. lt must be remembered that wealth m
mediaeval Europe consisted mainly of land and landed property.
a) Spain
The economic situation of the Jews of the Visigothic kingdom seems
to have been good at the beginning. Under the Arian kings only the
trade in Christian slaves was forbidden them, but under the Catholic
kings there was evolved a whole system of legal disabilities which closed
every commercial enterprise to the Jews. Not only were they prevented
from using slaves, but it was impossible for them to employ even Chris-
tian free men. Forced to become baptized, the Jews were no less actively
persecuted. Since they had constantly to report to the Christian clergy,
they were unable to move about freely through the kingdom in search of
trade. Directly and indirectly their economic activity was checked and
finally stifled.
Egica gave the baptized Jews the same rights as Christians. Non-
baptized Jews, however, were forbidden to own property. They were
punished by perpetua! slavery when they engaged in trade with Christians
of the kingdom. The Christians themselves were punished by a fine
when they carried on such trade with Jews. The Jews could not even
appear on the quays or harbor (cataplus) 4 for trade. 5 Finally, they
1 Gregory, Ep., 1, 45 (591).
1 Gregory, Ep., vx, 29 (596); IX, 104 (599).
s Agobard, Ep. 7 de in1olentia Judaeorum, c. 4 (MGH., Ep., v, 184; PL., CIV, 74); Amulo, Ep.
comra Judaeoa, c. 59 (PL., cxvx, 184).
4 Calaplu1 (catabliu in the parallel law, 16 Toledo, Tomus [MGH., L. Vig., p. 482; Gonzalez, 569-
660; Mansi, xu, 62-681} meaw 'port' or 'jetty' (cf. Greek Xt.,;l-our;; Gregory of Tours, H. F., 1v,
48 [MGH., Script. MdT011., I, 177): 'advenientibus ad cataplum Massiliewim navibus transmarinia';
Thuauru1 linguu latinae, u., catapliu); and not 'tribunal,' 'praetorium ubi causae aguntur,' as J.
Aguirre, Coll6ctio conciliorum HiapanifU (Madrid, 1784), p. 786, translates it. See H. Graetz, Die
we1tgothchl Guetzgebung in B~reff dar Juden (Breslau, 1868), p. 17, n. 2, and Juster, Cond., p. Sil,
n. 5. F. Vercauteren, 'Cataplus et catabolus,' Bulktin DuCange, u (1926), 98-101, interpreta the
word correctly, as does M. Bonnet, Le Latin de Gr~gu,11 de Toura (Paris, 1890), p. 214.
6 L. Virig., XII, 2, 18.
Economic Lije of the Jews }27
were forbidden to carry on trade of any kind, or to engage in maritime
commerce. 1
These laws were constantly violated. The cupidity of a priest or noble
was often stronger than bis zeal. The Visigothic kings frequently found
the efficacy of their anti-Jewish laws nullified by the bribes of the Jews. 2
But when the Jews were deprived of the right to engage in trade, when
finally they were thrown into slavery, their protectors disappeared, and
they had to seek aid from their brethren in Africa.
b) Gaul
Beginning with the fifth century, the documents mention Jews who
were engaged in commerce in Gaul. Sidonius Apollinaris knows Jewish
merchants in Tournai, whose honesty he is able to attest. 3 Gregory of
Tours condemns the bishop Cautinus of Clermont (ca. 551-571) for
being on familiar terms with the Jews, not 'for their conversion, which
should have been his care as a good shepherd, but to huy of them precious
objects. He was easily flattered, and they gave him gross adulation.
Then they sold him the things at a higher price than they were worth.'
After the death of Cautinus in 571, the priest Eufrasius, in order to
obtain the vacant episcopate, gave the king costly things purchased from
Jews. 6 The Jew Priscus was the furnisher of jewels to Chilperic, whose
artistic tastes were devoted to jewelry and plate. 5 In 581 the Council
of l\Iacon decreed that only men of good reputation and suitable age were
to enter convents, and they were not to converse with the nuns. The
Jews were especially forbidden to enter the nunneries on the pretext of
business. 7 In 633 Dagobert made an act of donation to the Abbey of
St Denis together with the tolls his merchant (negociator) Solomon col-
lected at the gate of Glaucinus. 8 Solomon is not named as a Jew, but his
name and occupation make this identification possible.
It must not be assumed that the Jews were the only merchants in
Merovingian Gaul. The Syrians also played an important, perhaps the
1 L. Vmg., XII, 2, 18; cf. F. Dahn, 'Ueber Handel und Handelsrecht der Westgothen.' Z. fr
guam~ Handerht, XVI (1871), 888-408.
2 L. Vuig., XII, S, 24; 4 Toledo, c. 58 (Gonzalez, SBS; Maillli, x, 688); 10 Toledo, c. 7 (Gonzalez,
460; M&Illli, XI, S7).
1 Sidoniua, Ep., v1, 11 (MGH., AA., VIII, 100-101).
'Gregory of Tours, H. F., 1v, H (MGH., Script. MerOfl., 1, 149).
Gregory of Tours, H.F.,1v, 85 (MGH., Script. M11Too., 1, 169):'susceptasaludaeisspecieamagnas.'
Gregory of Tours, H. F., VI, 5 (MGH., Script. Meroo., 1, 247): 'qui ei ad species quoemendu
familiaris erat.'
7 Council of MAcon, c. 2 (MGH., Conc., 1, 156; Mansi, IX, 982).
8 Guia Dagoberti, c. SS (MGH., Script. Meroo., II, US).
li8 The Jewa in the Kingdoma of Spaif! and Gaul
chief, part in the commerce of the period. 1 Hahn believes that the
Jews traded only within the kingdom, while the Syrians engaged in
trade with the Orient. 2 He contradicts himself, however, when he states
that the word species, which Gregory of Tours uses to designate the
merchandise sold by Jewish traders, signifies products from the Orient.
From this interpretation he concludes that the Jews carried on an exten-
sive trade between Gaul and the Orient. But the word means no more
than 'precious objects,' without indication of provenance.
Baynes4 refutes the arguments of those who like Hahn draw the
inference that these eastern emigrants remained in close commercial
relations with their country of origin, or that the population of these
colonies was being constantly reinforced by new arrivals from the East.
Thus Duprat says:
Ces Juifs du v1e siecle taient trop nombreux pour@tre seuleruent les descendents
de ceux tablis dans le pays aux premiers siecles de l'ere chrtienne. Bon nombre
d'entre eux taient certainement des nouveaux venus.1
This reasoning agrees with the theory of Pirenne:
La Mediterrane ne perd pas son importance apres la priode des invasions.
Elle reste pour les Germains ce qu'elle tait avant leur arrive: le centre m@me
de l'Europe, le mare nostrum.8
Baynes demonstrates that nowhere in the Htoria Francorum of
Gregory of Tours is there any suggestion of a direct contact of Mero-
vingian Gaul with thc eastern Mediterranean. Actually the unity of the
Mediterranean world seems to have been broken by the pirates of Vandal
Carthage, and the shattered unity was never completely restored. 7
1P. Scheft'er-Boichorst, 'Zur Gt'8chichte der Syrer im Abendlande,' MiUMilungenfr outerreich.i#CM
Geachichteforachung, VI (l~). 5i0--550; L. Brhier, 'Les colonies d'Orientaux en Occidenl au
commencemenl du moyen-lge, V"--VIII si~le,' Byzantini.tche Zeichrift, XII (190S), l-S9; Brhier,
'Les origines des rapports entre la France el la Syrie,' Congru Jra~i1e rh la Syrie (8, 4, 5 janvier
11919), Sances el Travaux, Fase. u (Archologie . . . histoire) (Marseilles, 1919), pp. 15-88.
t B. Hahn, Die u:irtlchaftliche Tatigke der Jurhn im friinkilcken und deullchen &ich bi.t %Um f.
Kreuzrug (Freiburg i/B., 1911), pp. 20-25.
J. Jacobs, 'Commerce,' JE., IV, 189, translates itas 'spices,' and sees a Jewish monopoly of the
spice tr&de, dueto the demand for condimenta to flavor the salted fish and meats on which mediaeval
Europe Iived during the winter.
4 N. H. Baynt'8, Review of Lot, La fin du 77UJntU anliqtu . . . , TM JournaJ of Roman Studiu,
XIX (19i9), i80--2S8.
1 E. Duprat, 'Les relation.s de la Provence et du Levant du V si~le aux Croisades,' Congru
fra~le d, la Syrid, Fase. n, p. 79. (Baynes errs in attributing the article to Br~hier.)
1 H. Pirenne, Lu nllu du moydn-dge (Brussels, 19i7), p. lt.
7 Cf. F. Vercauteren, 'La vie conomique dans les villes de la Gaule mrovingienne,' Actu du
premier congr~' national du hincrinr1fran~ail, Paris, 20--25 &\Til 1927 (Paris, 1928), p. SO; H. Pirenne,
'Un contraste conomique: Mrovingien.s et Carolingiens,' Retiue belge de philologie et dhiatoire, n
(19i8), 2~i85.
Economic Life of the J ews 129
The references to Jewish trade in Carolingian Gaul are somewhat more

complete. We hear of the establishment of local markets at Lyons, at
which Jewish traders were active. 1 Agobard objects to the sale of meat by
Jews of Lyons. 2 This trade in meat was connected with the Jewish
la ws concerning ritually pure meat. Meat which had been improperly
slaughtered or parts which were considered ritually impure were sold to
Christians in the local markets. For the making of wine there were also
ritual precepts. Because of these rules the Jews had to make their own
wine. They had been forbidden to sell their wine in domo sua, so the
surplus was brought to the markets. Both Agobard and Amulo complain
that Christians huy this wine. The Jews probably sold other products
at these markets. The Capitula de Judaeis state that grain and other
products not specifically named are not to be sold in their homes. 6 These
commodities must, then, have heen sold at the markets. An indication of
this trade is found in the complaint of Agobard that in order to suit the
convenience of the Jews the market day at Lyons had been changed from
Saturday to another day. 8
The Jews did not confine their selling to local markets. They sold
their wine, for example, even at the court of the emperor. When Agobard
attempted to forbid the Christians to drink their wine, the Jews boasted
that they received many pounds of silver from the nobles at the court
of the emperor for the same wine. 7 The emperor's palaccs were especially
visited by Jewish merchants because of the concourse there ~f likely
purchasers. So, in Aachen (Aix-la-Chapelle) were found both Jewish
and Christian merchants who carried on trade at the markets or elsewhere
there. 8 This trade was not always on a large scale. A decree of Lothar 1
states that the old and lawful tolls at bridges, ships, and markets were to
be paid by merchants. New and illegal tolls were forbidden. This
decree also concerned those Jews who went from house to house on
business or who sold merchandise to the army. 9
The three charters granted by Louis the Pious to certain Jewish
merchants, granting them special privileges, are proof of the constant
1 Agnbard, Ep. 7 de in80lenlia Judaeurum, c. 5 (MGH., Ep., v, 184; PL., c1v, 75).
% !bid., c. 8 (MGH. Ep., v, 188; PL . CIV, 78).
J Capitula de Judaei1, c. 8 (MGH., Capit., I, 258).
'Agobard, Ep. 7 de in1olentia Judaeurum, c. 4 (MGH., Ep., v, 188; PL., c1v, 78); Amulo, Ep. contra
Judaeoa, c. 41 (PL . CXVI, 70).
Capitula de Judam, c. 8 (MGH., Capit., 1, 258).
'Agobard, Ep. 7 de inaolemia Judaeorum, c. 5 (MGH., Ep., v, 184; PL., CIV, 75).
7 Agobard, loe. cit.
1 Capitulare de di8ciplina palatii Aquiagranen8i1 (ca. 820), c. i (MGH., Capit., 1, 298).
Hlotarii I c0Mtitulme1 Papien8e1 (882), c. 19 (MGH., Legu, ed. Pertz, 1, 868); cf. Capitulare
mi11urum in Theodonil rriUa datum (by Charlemagne), c. 18 (MGH., CapiJ.., I, 12-1-125). For mention
ol Jews in Lothar's realms, see Sedulius Scottus, Carm., 20 (MGH., Poet., m, 186).
activity of Jewish traders. 1 They were permitted to sell and exchange

merchandise which belonged to them. 2 They were freed of ali taxes and
obligations, and were bound only to satisfy certain obligations for the
emperor. 3 Later they seem to have made yearly payments at the palace
of the emperor.' In the time of Louis the Pious they paid him a part of
their profits every year or every other year. 6 According to an order of
Charles the Bald (877) the Jews paid a tenth of their profits, while
Christian merchants paid an eleventh. 6
In addition to the articles mentioned, the Jews bought and sold objects
of the Christian cult, although this was forbidden by severa} laws. 7 A
Jewish merchant of Charlemagne, probably a trader in jewelry and
precious objects, gives an estimate of the value of the property of the
church (at Ravenna?). 8 At the same time, the slave trade of the Jews
became more and more important. But we have discussed elsewhere
the slave trade and the Iaws which attempted to repress it.9
The sources, then, inform us about the severa] activities of Jewish
merchants or traders. But the evidence does not substantiate the state-
ment that the Jews were the only merchants or traders. Roth, for
example, states that in the Carolingian cartularies the terms 'Jew' and
'merchant' are used almost interchangeably. 10 On the contrary, the
various capitularies of Charlemagne, Louis the Pious, and Lothar, and the
Formulae imperiales regularly mention Jews and other merchants. 11
The Jews had no monopoly of trade in Carolingian Gaul.12
3. VoYAGEs AND J ouRNEYS FoR TRADE11
In addition to the direct information which we have examined, we are

able to deduce the commercial activity of the Jews from the many
1 Formuu impmalu, 80, SI, 52 (MGH., Form., pp. 809, SIO, S25).
1 Formulae impmalea, so (MGH., Form., p. 809).
1 Formulae impmale1, 37 (MGH., Form ., p. 315), 'partibus palatii nostri fideliter deservire.'
4 Amulo, Ep. contra Judaeoa, c. 44. (PL., c,.VJ, 172).
1 Formulae impmalea, 37 (MGH., Form., p. 315).
Capitulare Cariaiacenae, c. 31 (MGH., Capit., JI, 861}.

7 Supra, p. 92.
1 Agnellus, Liber pontificalia eccleaiae Ra~ennatia, c. HS (JIGH., Script. Langob., p. S72}.
'Supra, pp. 96 fJ.

1C. Roth, 'The Jews in the Middle Ages,' The Cambridge Mediaerol Hiatory (Cambridge, 1932),
VII, 64.4.. A similar statement appears in S. Grayzel, The Church and the Jewa in the Xlllth Century
(Philadelphia, 1983), p. 4.i, n. 6.
11 Capitulare mi1aorum Niumagae datum, c. 4 (MGH., Capit., 1, lSl}; Capitulare de di.tci'J)lina palatii
.A.qui.fgranen, c. 2 (MGH., Capit., I, 298); Hlotarii corutitutiom1 Papien8ea, c. 19 (MGH., Lege8, I,
363); Legu portqriae (906), c. 9 (MGH., Legea, m, 4.81); Formulae impmale1, Sll (JIGH., Form., p. 311).
11 A. Dopsch, 'Wirtschaft und Gesellschaft im frUhen Mittelalter,' Tijdlchrift roor &c/iUge-
1chieden, XI (1932), 424.

11M. Grunwald, Juden ali Rkeder und Seefahrer (Berlin, 1902), traces the whole hlstory of the Jews
as voyagers from Biblical times until 1902 in thirteen pages.
Economic Lije of the Jews 131
voyages and journeys which they made in search of trade. As early as

the first centuries of the Christian era ships are said to have sailed from
Palestine to Gaul and Spain. 1 This evidence is, however, suspect, and
our first trustworthy information is from the fifth century.
Sidonius Apollinaris, bishop of Clermont-Ferrand, mentions Jews who
travel from one city to another in Gaul. In 472 he recommended a Jew
to the bishop Eleutherius of Tournai. He asked Eleutherius to lend a
favorable ear to the request of the Jew, especially because the Jews were
honest in their business transactions. 2 On two occasions in 473 Sidonius
made use of the services of a Jew named Gozolas in order to send a letter
to a correspondent, the patrician l\'Iagnus Felix. 3 At the same time, he
sent another letter to N onnechius, bishop of Nantes, by Promotus, a
baptized Jew;' Similarly, in 688, Julian of Toledo sent his work Prog-
no.r~ticon to Idalius, bishop of Barcelona, by Restitutus, a Jew. Julian
was severely criticized by ldalius for making use of the services of a Jew. 5
In the sixth century Jews travelled for business between Italy and
Gaul. When Jewish merchants of Rome complained to Gregory the
Great that their coreligionists in Marseilles were subjected to harsh
treatment, Gregory intervened in behalf of the Jews of l\larseilles. 6
The Roman Jews must have seen the persecutions while they were in
Marscilles, which they probably reached by sea, since the Langobards
occupied northern Italy at the time. Again, in 596, Gregory wrote to
Fortunatus, bishop of Naples, regarding the sale of pagan slaves whom
Jews purchased in other countries. 7 The pope probably had in mind the
slaves brought from Gaul; for severa! years later Gregory corresponded
with the same bishop regarding the Christian slaves whom the Jews
bought in Gaul. 8 Again, Gregory sent word to Candidus, a priest at
l\farseilles, to investigate the claims of Dominicus, a Christian who
complained that four of his brothers had fallen into captivity and had
1 T. B. Yebamot, 6Sa, MtCl)C>M~ Mt~.m. migallia lia,>amia, 'Gaul and Spain'; cf. S. Krauss, Tal-
mudiache Archiiologie (Leipzig, 1911), n, 8-H, n. 265. J. Hamburger, Real Encyclopii.die du Judentuma
(Leipzig, 1896), u, 1270-1276, u1., Welthandel, gives a list of the products ol trade and the countries
visited in tbe course o( tbese voyages.
2 Sidonius Apollinaris, Ep., VI, 11 (MGH., AA., vm, 100-101). On tbe wbole question of sucb
prvate transmission o( letters, see D. Gorce, Lea royagea, l'hoapitalitl et I pon dea lettrea dana le
monde chrltien du IV et V .tiecles (Pars, 1925), pp. 226-247.
1 Sidonius, Ep., m, 4, and IV, 5 (MGH., AA., vm, 48 and 57).
'lbid., VIII, 18 (MGH., AA., VIII, 146).
Idalius, Ep. (PL., xcvt, 458).
'Gregory, Ep., 1, 46 (591).
7 Gregory, Ep., v1, 29 (596): 'Fortunato episcopo Neapolitano . , . (11c. Iudaei) ut, si paganos,
quos mercimonii causa de externis finibus emerint.'

1 Gregory, Ep., vn, 21 (697).
been bought by sorne Jews of Narbonne. 1 In 598 the papal defensor of

Gaul, Candidus, seized the ship of a Sicilian Jew Nostamnus, and sold it
in liquidation of a debt. Although the debt was thus discharged, Can-
didus refused to return to Nostamnus his note of hand. Fantinus,
defensor of Palermo, was ordered by Gregory to make an investigation
and Nostamnus was set free. 2 Since the ship was seized by the papal
defensor of Gaul, it is probable that Nostamnus travelled between Sicily
and Gaul.
Gregory of Tours relates that Priscus, the fttrnisher of jewels to the
Merovingian king Chilperic, was released from prison on the plea that
he wished to attend the wedding of his son to a Jewess of Marseilles. 1
It may be that Priscus himself had arranged the marriage, in accordance
with Jewish custom, when he visited Marseilles in search of precious
jewels for Chilperic. A casual allusion in Gregory of Tours gives us
another side of the activity of the Jews. He relates the miracle which
took place when the remains of St Hospitius were being transferred to
Lrins. The priest who had charge of them placed them on a ship which
sailed between Nice and Marseilles. The Jews who owned the ship
refused to stop, and their refusal gave rise to the miracle.'
In the following century the Jews regularly travelled between Spain
and Africa, until the Visigothic king Egica forbade them to engage in
any maritime commerce. 5
It has been suggested that the Jews visited Britain for the purposes of
trade, inasmuch as it was so near Gaul. 8 While no source confirms this,
it is very possible. Charlemagne, we are told, after watching a ship
approach Narbonne, decided that it was a Norman vessel, although the
other members of h1s party said that it belonged to African, Jewish,
or British merchants. 7 A charter of Louis the Pious forbade anyone to
rob the merchants of their ships on the pretext of taking them for royal
service. 8 Other Jews made their way to Gaul by land. Thus, a charter
was granted by Louis to Abraham, a Jew of Saragossa, who carne to
Gaul for business, probably in connection with the slave trade. 9
1 Gregory, Ep., IX, 104 (599): 'pro christianis mancipiis, quae Judaei de Galliarum finibus emunt.'
2 Gregory, Ep., IX, 40. Aronius, Regulen, p. 20, No. 54, gives the name as Jamnus; Tamnus is the
variant reading in MGH.
1 Gregory of Tours, H. F., VI, 17 (MGH., Script. Meroo., I, 260).
4 Gregory of Tours, In gloria confu1<1M1m, c. 95 (MGH., Script. Meroo., 1, 809).
L. rm0 ., xn, 2, is.

'S. Goldschmidt, Ge1chichte <kr Jukn in England (Berlin, 1886), p. l.
7 Monachtu Sangallen.ri1 de Carolc Magno, n, 14 (ed. G. Meyer von Knonau), in Mitteilungen zur
~aterlandi.Ychen Ge1ehichte, xxxn (4 Folge, v1) (St Gall, 1920). 51.

1 Furmulae imperiak1, 87 (MGH., Furm., p. 815).
' lbid., 52 (MGH., Form., p. 825).

In 797 Charlemagne sent an embassy to Harun al Rashid, Caliph at

Bagdad. Isaac, a Jew, accompanied the party, probably as interpreter
for the ambassadors Sigismund and Landfried. Both nobles died on their
way home, and Isaac became the sole bearer of the Caliph's answer and
gifts, among which was an elephant. When Charlemagne was informed
of lsaac's return, he sent the notary Erchinbald to Liguria to prepare for
the transportation of the elephant and the other presents. Isaac arrived
at the port of Vendres in October 801; but since the Alps were covered
with snow, he was obliged to pass the winter at Verceil. He reached
Aachen (Aix-la-Chapelle) in the summer of 80~, and the emperor received
him in audience there. 1
That Jewish merchants often went to the East for trade during this
period is shown by an anecdote. Charlemagne ordered a certain Jewish
merchant, who went often to Pales.tine and who brought back with him
rare and costly. articles, to deceive the vain bishop of Mainz, Richulf.
The merchant sold Richulf a common mouse under the pretense that it
was a very unusual and precious animal from Judaea. 2 This amusing
tale is not without value as a source of information concerning the trade
carried on by Frankish Jews with Palestine.
The cause for the sudden commercial activity and predilection for
trading in Carolingian Gaul is probably to be found in the rise of Islam
and its control of the lands whence carne most of the luxuries demanded
in Europe. Christians could not trade in Mohammedan countries nor
could Moslems in Christian countries; consequently an opening was left
for Jews, who were tolerated in both spheres as commercial intermediaries.
Within two centuries after the foundation of Islam, the Jews were
extremely active in the trade between Europe and Asia. There is a
revealing passage in the Book of Ways, written about 847 by ibn Khor-
dadhbeh, postmaster-general for the Caliph at Bagdad. 4 The passage
merits quotation.
1 Einliardi annalu, a. 801 (MGH., SS., 1, 190); Annalu Fulden1u, a. 80i (MGH., SS . I, 858);
Annalilta Sazo, a. 801 (MGH., SS., VI, 564-565); Annalu Mariminiani, a. 801 (MGH., SS., xm,
23). Einliardi uita Caroli, c. 16 (Jafl', Bibliotheca rerum gmnanicarum, Berln, 1867, IV, 5!l5) men-
tions the embassy, but does not name the members. Cf. S. Abel, Jahrbcher du frankcMn ReicM1
unter Karl dem Gro11en (Leipzig, 1888), u, 255-257, 282; F. W. Buckler, Harunu'l &uhid and Charle1
tlu Great (Mediaeval Academy of America, Monograph No. 2, Cambridge, Mass., 1981), pp. 21-81.
Monachiu Sangallenli1 de Carolo Magno, 1, 16 in Mitttrilungen zur Mterli1ndilchen Guchichte,
XXXVI (1920), IS.
1 E. Patzelt, Diefrli.nkilcM KuUur und dn l1lam (Vienna, 19Si), pp. 158-240, discuases the com-
mercial relations of Carolingian Gaul with the Orient. Her accounl depends upon secondary sources.
'Text and translation into French by C. Barbier de Meynard, 'Le Livre des Routes and des
Provinces par ibn Khordadbeh,' Joumal Aliatue, 6 sr., v (1865), 5H--5H; M. J. de Goeje,
Bibliotheca geograplwrum Arabicorum (Leyden, 1889), VJ, 114-115; English translation in J. Jacobs,
'Commerce,' JE., IV, 189, and E. N. Adler, Jewilh Trawilkr1 (New York, 1981), pp. 2--S. 1 reproduce
the last translation.
RouTES OF THE J EWISH MERCHANTs CALLED RAnANITEs
These merchants speak Arabic, Persian, Roman (tbat is, Greek and Latin),
the Frank, Spanish, and Slav languages. They journey from West to East,
from East to West, partly on land, partly by sea. They transport from the
West cunuchs, female slaves, boys, brocade, castor, rnarten and otber furs, and
swords. They take sbip from Firanja (the land of the Franks), on the Western
Sea, and make for Faramit (Pelusium). There they load their goods on the
backs of camels and go by land to al-Kolzom (Suez), a distance oF twenty-6.ve
farsakhs (parasangs). They embark in the East Sea (Red Sea) and sail from
al-Kolzom to al Dj~r (the port oF Medina) and Jedda.h (the port of Mecca); then
they go to Sind, India, and China. On the return from China they carry back
musk, aloes, carnphor, cinnamon, and other products oF the eastern countries to
al-Kolzom and bring thern hack to Fararn~ where they again embark on the
Western Sea. Sorne make sail for Constantinople to sell their goods to the
Romans; others go to the palace of the King of the Franks to place their goods.
Sometimes the Jewish mercbants, when embarking in the land of the Franks,
on the Western Sea make for Antioch (at the mouth of the Orontes); thence by
land to al-Jabia (al-Han~ya on the bank of the Euphrates?), where they arrive
alter three days' march. There they emhark on the Euphrates and reach Bag-
dad, whence they sail down the Tigris to al-Obolla. From al-Obolla they sail
for Ornan, Sind, India, and China.
These different voyages can also be made by land. The merchants that start
from Spain or France go to Sus-al-A.ksa (Morocco) and then to Tangier, whence
they march to Kairouan and the capital of Egypt. Thence they go to ar-Ramle,
visit Damascus, al-Kufa, Bagdad, and al-Basra (Bassora), cross A.hwa.z, Fars,
Kirrnan, Sind, India, and arrive at China. Sometimes, also, they take the route
behind Rome, and, passing through the country of the Slavs, arrive at Khamlij,
the capital of the Chazars. They embark on the Jordan Sea, arrive at Balkh,
betake themselves from there across the Oxus, and continue their journey
towards Yurt, Toghuzghuz, and from there to China.
Scheffer-Boichorst would include by analogy the Syrians with the
Jews mentioned in this account. 1 Thompson, indeed, attempts to supply
the proof which has been lacking for the existence of Syrian merchants
in Carolingian Gaul. 2 He demonstrates that the word capyi mentioned
in a capitulary refers to Syrian merchants. It is a corruption of the
Greek kapelos (xr'ltT)Ao~). 'merchant,' and equivalent to the Latin caupo
and the Anglo-Saxon chapman. From the Greek the word passed into
the Syrian kapila, 'merchant,' whence through Syrian traders in the west
it found its way into Frankish laws. lngenious as this etymology is,
it fails because of the very wording of the capitulary invoked:
1 Scheffer-Boichorst, op. cit., pp. 544--545.
1 J. W. Thompson, 'The Commerce of France in the Ninth Century,' The Joumal of Political
Economy, xxm (1915). 888.
Et de cappis et aliis negotiatoribus, videlicet ut Iudaei dent decimam et negotia-

tores christiani undecimam.1
Pirenne points out that the context does not permit the translation of
capri, as Syrians, inasmuch as it is the Jews, not the Syrians, who are
opposed to the negotiatores christiani. At the same time he rejects the
definition of DuCange: 'Iudaei ita videntur appellati oh cir-
cumcisionem.'2 He considers the form cappi the result of a copyist's
error, and suggests the emendation o the text to:
Et de cauponibus et aliis negotiatoribus, videlicet ut Judaei dent decimam et
negotiatores christiani undecimam.
This reading contrasts the caupones to the other negotiato-res, and the
capitulary stipulates that in both groups the Jews are to pay a tenth
and the Christians an eleventh.
The name 'Radanites' given by ibn KhordAdhbeh to these merchants
is puzzling, but it may refer to the commercial metropolis of Persia,
Rai (Rhaga), near Teheran. In support of this hypothesis it may be
argued that to undertake such voyages it would be necessary to possess
a knowledge of geography which could be found only in the Arab world
and particularly in the centre, near Bagdad. But on the other hand,
from Spain to China there existed a series of Jewish communities, where
the Jews of every country could find the most exact information about
the various places of trade, the routes, and the opportunities. With these
advantages, the Jews of western Europe could themselves undertake the
farthest voyages.
Beirut in Syria seems to have been a kind of headquarters for traders
from Arles. An inscription at Beirut dated A.D. ~11-!ll!l mentions one
Julianus of Arles. 6 Arles was an important centre for products arriving
from the N ear and Far East. Since the nautae Rhodanici, whose head-
quarters were at Lyons, did not own ships large enough to sail the sea,
they may have carried the merchandise clown the Rhone to Arles, whence
it was shipped to the Orient. On the basis of severa} objects emanating
from Tyre and Alexandria and found at Lyons, the port of the nautae
1 Capitulare Cari.riacenae (Charles 11, 877), c. 81 (MGH., Capit., 11, 861).
2 DuCange, Gloatarium, 1.r1., capnu.
1 H. Pirenne, 'Cappi,' Bulktin DuCange, v (1980),89-91. C. Verlinden, Review of Patzelt, op. cit.,
Le Moyen-ge, XLII (198i), i84,attributes to Pirenne the statement that cappi designates the locality
of Chappcs in Cbampagne. But it is Thompson who does so (p. 884), and Pirenne (p. 90, n. !l) who
shows that the identification resta only on the fortuitous resemblance of the two words. Cf. also
H. Pirenne, 'La fin du commerce des Syriens en Occident,' Mllangu Bidez (Annuaire del' lnatitut de
Philolog et d'HU>ire Orientalea), II (Brussels, 1984), 686-687.
' W. Heyd, Hiatoire du commerce du Leront au moyen-dge (Leipzig, 1885), 1, 127.
A. Barot, 'Les naviculaires d' Arles A Beyrouth,' Rewe arcMologue, 4 sr., v (1905), 262-278.
186 The Jews in the Kingdom.j of Spain and Gaul
Rhodanici, Simonsen suggests that the 'Radanites,' whom ibn Khor-

dadhbeh knew as Jewish merchants, were the nautae Rhodanici, that is,
the merchants and sailors from the country of the Rhne. 1 The Jews at
Lyons, Arles, and Marseilles, it will be remembered, took an active part in
the commerce with the Orient. The hypothesis is tempting, but it
depends upon inscriptions dating from the third century A.D. No source
informs us that the sailors of the Rhne were called nautae Rhodanici in
the ninth century, when ibn Khordadhbeh wrote his account.
4. MoNEY-LENDING
In the early Middle Ages the Jews who engaged in business were
mainly merchants and only incidentally money-lenders. They could
Iend money only after they had accumulated it by trade. It was not
until the eleventh century that they .became prominently identified as
money-lenders. 2 For this reason it is erroneous to say that 'most banking
business was in their hands, because the lending of money for interest
was forbidden to Christians. ' 3
Specific examples of money-lending by Jews are rare. In the fourth
century Torquatus, bishop of Saint-Paul-trois-Chateaux (the ancient
Augusta Tricastinorum in Narbonese Gaul), had borrowed one hundred
solli from Jonathan, a Jew. At the death of Torquatus, Jonathail
pretended that he had not been paid. Paul, the successor of Torquatus,
went to the late bishop's tomb, and a miracle took place. Torquatus
told Paul that fifty solidi had been paid the Jew and fifty were still due
him. Paul summoned Jonathan to him before ali the people, who
threatened the Jew. Paul convinced him of his sins, and he repented.
After eight days he was baptized. In gratitude Jonathan not only con-
ceded the amount due him, but even gave to the church the fifty solidi
which he had collected. 4
Sorne time before 584 Armentarius, a Jew, had advanced on bonds the
amount of the tribute to Injuriosus, an ex-vicar, and Eunomius, an
ex-count. Armentarius with another Jew and two Christians carne to
Tours in 584 demanding payment. He was promised an immediate
settlement with full payment. With the other members of his party he
1 D. Simonsen, 'Les marchands juils appels "Radanites",' REJ., Llv (1907), 141-142.
1 R. Hoeniger, 'Zur Geschichte der Juden Deutschlands im rheren Mittelalter,' ZGJ D., 1 (1887),
SS-86.
1 O. M. Dalton, The Hinory of tke Franlu by Gregory of Tour1 (Oxford, 1927), 1, 522, note to H. F.,
VI, 5. But in H . F., 111, S4 (MGH., Script. Meroo., 1, 187-188), at the request orthe bishop Desideratu.s
of Verdun, King Theudebert lent the people o Verdun seven thousand pieces of sil ver at the lawful
rate o interest. That he did not collect the debt is o no consequence for our argument.
' Vita S. Pauli, c. S-5 (Analecta Bollandiana, XI [1892J, S77-8i9). Torquatus died in 874, accord-
ing to Gains, Seriu epi1eoporum, p. 6lll.
Economic Life of the J ews 187
accepted an invitation to a banquet, where they were killed by the

servants of lnjuriosus. Their bodies, which had been flung into a well,
were discovered by relatives. Because the accusers failed to appear before
the king, lnjuriosus was acquitted. Medardus, a tribune, who was prob-
ably a collector (exactor) of the tax, was rumored to be privy to this crime,
since he had also borrowed money from Armentarius. 1
In the Carolingian period we
have somewhat more evidence for money-
lending. Proof of its existence is shown by the struggle against usurers.
The Church fought against it, but the lending of money increased. Jews
were not the only ones concemed in this activity; evelf royal officials were
money-lenders. 2 The cogency of this is shown by the fact that Agobard
says nothing about Jewish usurers in his long list of complaints against
the Jews. If Jewish money-lenders had been common, he would most
certainly have mentioned them.
According to a capitulary of Charlemagne, issued before 814, no Jew
was to take in pledge, at the risk of the loss of bis property and bis right
hand, the property of the Church or of a Christian. No Jew was per-
mitted to force a Christian into prison as a pledge for another Jew or a
Christian. Should the Jew do so, he must free the Christian from bis
.pledge and lose both debt and pledge. 3
Dodona, the widow of Count Bernard of Toulouse, relates in the Lber
manualis which she wrote to her son William ca. 841-844 that for her
many needs she has often borrowed large sums of money not only from
Christians, but also from Jews. She has not yet had the opportunity to
repay these loans, but requests William to do so, if she should die. 4
5. INDUSTRY
We have no records of the Jews engaging in industry in Spain or Gaul.
We know only that in the seventh century the Greeks who migrated to
Gaul boasted that they worked in glass according to the methods of the
Jews. 6 Whether these Greeks had connections with Jewish glass-workers
in Gaul or elsewhere is not mentioned. Undoubtedly the Jews were
interested also in other industries, although no sources attest this. They
were forbidden by the Visigothic king Egica to spin wool on Sundays, 6
but this wool was probably made for consumption at home.
1 Gregory of Tours, H. F., \'ll, 28 (MGH . Script. MerOfl., r, 805-806).
1 A. Dopsch, 'Wirtschaft und Gesellschaft im frhen Mittelalter,' Tijrchrift roor &cnuguchie@n,
XI (1982), 428-429.
a Capitula rh Juda6i1, c. 1-i (JIGH., Capit., J, 258).
'Dodona, Lber manualia, c. 71 (PL., CVI, 117).
6 A. Kisa, Da.a Glaa im Altertume (Leipzig, 1908), r, 99-100, without indication of source.
s L. Vitig., xn. 8. 6.
6. PROFESSIONB
The sources inform us only about Jewish physicians, 1 since the legal
profession was closed to Jews. 2 Telesinus, a Jew, is mentioned in papal
documents as the physician of Pope Gelasius about 494. 3 Gregory of
Tours relates that many specialists at Bourges had failed to cure the
archdeacon Leonastes of a cataract. He prayed to St Martin, and his
sight was beginning to return. But wishing to basten the process by
temporal aid, he consulted a Jewish physician, who treated him with
cupping. This denial of faith, or change of treatment, was punished by
life-long blindness. 4 Charlemagne is said to have had at his court a
Jewish physician named Farragut. 6 Between 798 and 821 an archbishop
requested a nobleman for a Jewish or Slavic physician. Both another
bishop and he had once before asked for this physician. 8 Charles the Bald
is said to have had a Jewish physician named Sedechias, who was con-
sidered a magician and a sorcerer by the people. He was accused by the
clergy of having poisoned Charles. 7
1 The histories of the Jews as physicians are Yery unsatisfactory for the early Middle Ages; so,
E. Carmoly, Htoire dea midiciru juifa ancru el 11uxkr1w (Brussels, 1844), I; I. M!lnz, Die
jiidiachen rzte im Miltelalter (Franldurt a/M., 1922); S. Krauss, Geachickte der idiacMn 1"ZU
(Vicnna, 1950).
1 Supra, pp. 118-119.
3 Gelasius, Ep. (Mansi, vm, 181; PL., LIX, 146); cf. Vogelstcin and Rieger, Geachi.chte der Jud.Mi in
Jlom (Bcrlin, 1896), I, 127-128.
4 Gregory of Tours, H. F., v, 6 (MGH., Script. Meroo., I, 198); cf. i<km, In gloria martyrum, c. 99
(MGH., Script. Meroo., I, 554) and De uirtutibua S. Martini, m, 50 (MGH., Script. Meroo., I, 644).
1 J. Bdarride, Lu Juifa en France, en ltalie et en EapagntJ (Sd ed., Paris, 1867), pp. 72 and 459.
The source quoted by Bdarride, a Vita Caroli Magni in A. Duchesne, Hiatoriae Francorum acriptoru
(Paris, 1688), u, 42 and 60, refers only to the Jew Isaac, but not to any Jewish physician named
Farragut.
1Formulae Salzburgenau, SS (MGH., Form., p. 448).
7 Hincmari &menaia annalu, a. 877 (MGH., SS., I, 504); &gitiom4 chronicon, a. 877 (MGH., SS., I,
589); Sigeberti chronicon, a. 878 (MGH., SS., VI, 842); Annaliata Sazo, a. 878 (MGH., SS., VI, 584).
APPENDICES
APPENDIX 1
INSCRIPTIONS 1
l. SPAIN
SEVERAL inscriptions supplement the literary sources concerning the history

of the Jews in Spain. Ali but one are, however, very badly preserved. The first,
a tablet of marble, was found in the eighteenth century at Adra, the ancient
Abdera, in the province of Almeria. It is the epitaph of a Jewess, written accord-
ing to the. usage of the time in Latin. The original is now lost,2 but fortunately
we have the transcription which was made from it. The text follows:
NIA O SALO
[MO] N VLA 0AN01
MENS O 1111 ODIEOI
IVDAEA
[? Here les] nia daughter of Solo
mon (aged) one year,
four months and one day,
a Jewess.
Severa! letters are wanting at the beginning on the left. The full name of the
deceased may have been Junia, Annia, Li.cinia, or a similar name. In the
second line the restoration of the syllable M O is made probable by the first
letters of the name. From the form of the characters the inscription appears
to go back to the beginning of the third century.3 It attests the presence of the
Jews in Spain even before the Council of Elvira (A.D. 806 ?), notas transients,
but living there with their families.4
A Jewish epitaph, discovered at Tortosa (Dertosa) in the province of Valencia

1 A complete collection of all the inscriptions appertaining to the Jews remains to be edited. M .
Seymour de Ricci in bis article 'Paleography.' JE., IX (1906), 471-475, announced the ruture publica-
tion by him of such a Corpiu imcriptmum judaicarum. In a recent conversation M. de Ricci
informed me that be bad not yet completed hia collection. For this section 1 depend largely upon
tbe two collections by Schwab which are cited more fully below.
1 Juan de Mariana, HUtoria /U rebtu Hilpani~ (Valencia, 1785), 1, 55; CJL., 11, 268, No. 1982;
M. Schwab, 'Rapport sur lea in.scriptions b~braJquea de l'Espqne,' Nou"1U archiou du miuion.t
ICntifiquu el littharu, XIV (1907), 284.
3 S. Cassel, 'Zur Wissenschaft des Jud<'n.' Z. fr die religiiiaen lnterw1e11 dea Judentum1, m (1846),
227, without basis attributes it to the fourth or fifth century.

Cf. L. Friedlllnder, Dar8tellungen aua der Sittenge1ehichte Roma (IOth ed., Leipzig, 1922), 1v, 240.
141
14~ The Jews in the Kingdorns of Spain and Gaul
in 1771, offers a triple legend in Hebrew, Latin, and Greek. 1 It was probably
used as part of a flagstone pavement, since the left side of the inscription is
badly mutilated.
The Hebrew text has suffered the most; fortunately, the Hebrew formulas at
the end are found in many epitaphs, and we are able to reconstruct lacunae.
With the help of the Greek and Latin portions of the inscription, LeBlant and
Renan were able to publish the text :2
;Nitt'' ;y ci;tt' Q
n::i Ntt'i,;;c ;t.1 mn i::i:m
mii:lT Cl'iCN (i' ~);i i'11iii'
3 ,iin c;iy ,,n; nnct.1.l n:ii::i?
lCN Cl"nii iii:t::l i'1tt'El.l

ci;t.1
IN NOMINE DOMINIQ.:$;
HIC EST MEMORIA VBI RE
QVIESCIT BENE MEMORIA
MELIOSA FILIA IVDANTI ET
4CVPA MARIES VIXIT AN
(nos vigi) N T 1 E T Q V A T T V O R
CVM PACE AMEN
v wNwa:TH KT
wAE EcrrHN Mt
5 MN~IIN W1'0"f ANA
Ifou~AN IIA:Ml\INH
a-roe; tA.twaA IOTAANT

tou xat Kupa;a:PE~ ZHI:aai:x
E'tl) 6!txoat TEI:EPA H~ Et
pl)Vl) CXJ.l)V.
1 There is a copious literature concerning this inscription. In addition to the articles cited below,
see F. Fita, 'Noticias,' JIU1eo upaflol da Antigilladu, VI (1875), 559-566, and :\i. Schwab, op. cit.,
pp. 285-288.
2 E. LeBlant and E. Renan, 'Sur une inscription trilingue dcouverte a Tortose,' &~ Archlologiqiu,
Nouv. Sr., n (1860), 545-860. This inscription is reproduced below, PI. m, at end.
1 E. L. Smit, De oud-clarlijhl 11W11um~ Mn Spanj11 (Bague, 1916), p. 45, reads for lines S and 4:
'M mii:a c'ic Mi'i''" mH'P

M::lil c'Jivn nn'J MCC'.l n::ii::i'J
4Smit, op. cit., p. 45 and 144, reads C V 1 R A.
6 Smit, op. cit., p. 46, reads Mc.il:HN.
5 Smit, op. cit., p. 411, reads enc.oot ltl.lt TEEAPA.
A ppendix 1-1nscriptions 143
The translation of the Hebrew text follows:

Peace be unto Israel!
This tomb is that of Meliosa, daughter
of Judah and . . . (?) Mares; may her memory
be blessed; may her spirit [inherit] life everlasting:
may her soul be [bundled] in the bundle of
life. Amen. Peace.
The names of the young girl and of her father in the Hebrew text may be read
with certainty; but after them we find an undeciphered word. Renan and Smit
read Ni,:i';i, 'and to Kura.' Graetz rightly rejects this curious forro; he pro-
poses to read N1i'li, 'is called. ' 1 The deceased, according to him, was called
Ntt'i,??:l, Belliosa in Latin, and Miriam in Hebrew, justas her father was called
Judantius in Latin and niin\ Judah, in Hebrew. But the word for which he
reads Miriam seems to have a Greek ending, MAPE~. according to the Greek
and Latn parts of the inscription. Graetz explains this by calling Mares or
Maries a proper name, 'Eigenname,' for Miriam. Ingenious as his conjectures
are, they cannot be accepted in the light of the evidence.
At the beginning of the third line the initial " of the word i'l1ii'l, is angular,
like a small i. In the second word, which constitutes the only serious diffi-
culty, the third letter, compared with the second of line two, cannot be read i'
with any certainty. It is perhaps a C, as in the word Meliosa or rather a E,
as in the word i'ltt'l:ll in line five. In that case, we have a local name, such as
Valupian (transcribed here l,~?i), which is found in another inscription,2 fol-
lowed by a second word, Amares.
The hebraists who have adopted the reading N1"i'?i have attempted to
justify it as a kind of dative of possession, examples of which are found in the
Old Testament.3 As far as it goes this is correct, but there is no example of
such a construction immediately after the use of the genitive.
The corresponding portion of the Latin legend, also mutilated, C "-P .. ... , and
the Greek part, where the equivalent of this na.me has disappeared, do not furnish
any positive argument. Both these texts ha.ve only the second word, AMARES.
According to Derenbourg,' the name Meliosa is the equivalent of Mellosa,
'honey-like,' from the Latin mel, 'honey.' The synonym Dol.ce beca.me a very
common name among Jewesses in the Middle Ages.5 The name Kira ( = xup
for xup!a = domina, 'mistress'), which precedes the name of the mother, corre-
sponds to the Aramean nic (Marat) or Nnic (Marta), often abbreviated to
'C, which is still placed before the names of women on Jewish funerary stones.
The use of x.up before the name of the mother, even in the Latin legend,
1 H. Graetz, 'Die alten jUdischen Katakombeninschriften in Suditalien,' MGWJ., XXIX (1880),
44S, n. l.
1 E. Hubner, Inriptmu Hupa.niM Chrtiancu (Berln, 1871), No. 78.
3 Leviticus, XI, 46; 2 Samuel, x, 2, 4; 1 Chronicles, m, 1, 5.
4 J. Derenbourg, 'Notes pigraphiques. u. L'inscription trilingue de Tortosa,' Journal Asiatique, 6
sr., X (1867), 854.

6 Cf. Dulciorella in the Narbonne inscription, infra, p. 148.
seems to show that this woman was originally from a country where Greek
was commonly spoken, and where such a surname would usually be attached to
the name. The relations of the Jews with other Jews in nearly ali the Medi-
terranean countries make possible the hypothesis that a man from Tortosa
married a woman from Sicily or Constantinople, or more likely, from the cos-
mopolitan Marseilles.
The name Judantius is, of course, the Hebrew niin\ Judah, latinized with
the ending -antius.
The Latin part of the inscription bears at the end of the first line the shield or
star of David-the Pentalpha or the Mogen DarJid-and a five-branched candle-
stick. The Latn text informs us that the deceased was twenty-four years old;
the Hebrew part does not mention this. On the reverse of the stone the figure
A'Rw was probably carved long after the texts on the obverse, so that it might
be used in a Christian burial.
Epigraphists are divided as to the approximate date of the inscription. Le-
Blant and Renan place it at the end of the sixth century. This date is accepted
by Derenbourg, Hbner,1 Graetz, Chwolson,2 and Fita. 3 Briefly summarized
their arguments are: The idea of writing a funerary inscription in three languages
could only have come when the Jews occupied a respected position in Spain.
After 589 the Catholic Visigoths began to persecute the Jews and it is not likely
that they would have dared to show such ostentation in an inscription. After
the sixth and seventh centuries the knowledge of Greek in Spain was very rare
and was used only as a show of learning. Thus Julian of Toledo gave a Greek
title IIPOrNO~TIKON to one of his works. Such pedantry would not be dis-
played on a tombstone. Harkavy actually dates it in the eleventh, twelfth,
or even thirteenth century, because of the relatively modern forms of eulogy.'
This date must be discarded, because there are no traces of a knowledge of Greek
in Spain at this period. No definite da.te can be assigned to the inscription,
but the form of the letters seems to stamp it as Visigothic.
A bilingual inscription in Latin and Hebrew, found at Murviedro, the ancient

Saguntum, in Valencia, has given rise to sorne confusion. Neubauer,6 who
examined the stone, asserted that it was not the tombstone of Adoniram, the
tax-collector of King Solomon, which several scholars pretended to have seen
at Murviedro. The face of the stone carries the inscription:
1 HUbner, op. cit., p. 61.

2 D. A. Chwolson, Cornu 111criptionum htlbraicarum (St Petenburg, 1882), p. 170, No. 82.
1 F. Fita, 'Paleografa hebrea,' BAH.. n (1882), 199-208.
'A. Harkavy, 'AltjUdiscbe Denkmlller &\18 der Krim,' Mhunre1 d1 la acadlmi impm-ial1 du
1ciences de St. Pltersbourg, 7 sr., xx1v, 1 (St Petersburg, 1876), 148.
1 A. Neubauer, 'Notes sur des manuscrits hbreux existant dans quelques bibliotMques de l'Espagne
et clu Portugal,' Archiru du m1'.J~'on111cientifiques et libaire11, !l sr., v (1868), 482.

The mutilated condition of the text makes a translation impossible. The

words ni~c ('command' or 'good deed') and niin ('teaching' or 'Law'), which
can be read, may indicate sorne connection with a communal building of the
Jews, or may refer toan individual.
The reverse has a Latin inscription:
PVIC . . INVS ANVSO CH.
For this part of the inscription Chabret gives the reading :1
PVIG ASINVCVSANVS OSCH A LOCVM.
Although he was unable to see the original, Fita offers the following reading :2
P. VICANVS. LINVS. IVLIANVS. OS. C. H. LOCVM,
or, P(opilii) Vicanus, Linus, lulianus~ Os(sa) c(ondita) h(ic) locum.
Aside from these purely conjectural readings neither date nor text can be
ascertained from the inscription.
H we are to believe a tradition handed down from very early times, there
existed at Murviedro an epitaph written as follows:
nc;tt' i;cn 1::ll) ci~liN i::lp inr
ci~ itoEli con nN i't::lJ; N::ltt'
This is the tomb of Adoniram, servant of King Solomon,
come to collect the laxes; he died the . . .
Severa! of those who have described this inscription give the exceedingly rare
name Adoniram; others, more cautious, have the commoner name Amasia.
A Jewish grammarian of the sixteenth century, Moses ben Shem Tob ibn
ij:abib in a work on prosody first vouched for the authenticity of this epitaph.3
He says that he read sorne distichs on the stone; the conclusion may have
rhymed with Amasia. The exegete Villalpandus, accepting this account as
trustworthy, argued that the stone actually existed.' Although he had not seen
it, he affirmed that it had been discovered during the preceding century at the
gate of the citadel of Saguntum. In the eighteenth century Ugolino published a
different text,6 without doubting its authenticity or taking into account the
detailed criticisms of Hottinger.6 Since that time the question has often arisen.
Schudt7 believed it to be a late forgery. That Marina devoted severa! pages to a
discussion of it shows that as late as the nineteenth century the question still
1 A. Chabret, Sagunto, ru hilt<Yria y 8U8 mtmumenlol (Barcelona, 1888), u, 172, No. U .
t F. Fita, 'Noticias,' La E1paffa Hebrea (Madrid, 1889), 1, 28-SO.
Moses ben Shem Tob ibn l.Iabib, Darke No'am (Treatite on PrOIOdy) (Venice, 1546), fol. 7.
'J. Villalpandus, In Ezechieli erplanationu (Rome, 1604), 11, 144.
'B. Ugolino, The1auTU1antiquitatum1acrarum hebraicarum (Venice, 1769), xxxm, 1460.
'J. H. Hottinger, Cippi Hebraici (id ed., Heidelberg, 1662), pp. 2-S.
7 J. J. Schudt, Jdilche Merkwardigkeiten (Frankfurt a{M., 1718), IV, 97.
agitated scholars. 1 1 have mentioned the inscription only because it shows one
form of the many legends concerning the early settlement of the Jews in Spain.
At Merida (Estremadura), the ancient Augusta Emerita, was found a Jewish

inscription of twelve lines, written, according to the custom of the time, in
Latin. From the form of the letters it seems to belong to the latter half of the
eighth century. Renan's text,2 which fills certain lacunae left by Hbner,3
(with sorne of my own conjectures) follows:
Sit nomen [D(omi) ni4 bened(ictum) qui vivos]
vivif(i)cat et mor [tuos suscitat]
pausat in sepulc [ro hoc Simeon fi]
lius de Rebbi Sem [uel
suporans (read 'sopora.ns') in sor [te instorum deposi]
tus inligatorium [aeterni indi]
cis aperiti (read '-te') porta [m Paradisi?6]
ingrede cum pace m [ . natos annos]
LXIII repletus sa [pientia]
preducans (read 'docens') artero i .
ego Simeon filius de Rebbi Sa[muel]
m1ssam pax
The text suggested by Smit8 offers so many variants that 1 give it in full.
m Sit nomen [benedictum quod?
vivificat et mor [tem superat. Hic
pauset in sepulc [ro. Ego Simeon fi
lius de Rebbi Sel [orno
superorans in sort [e
tus inligatorium [
gis aperiti. porta [m paradisi?
ingrede cum pace [vixit annos?
LXIII repletus sa {pientia?
producens artem i [ .
ego Simeon filius de Rebbi Sa [lomon
m1ssam pax
At Vinebre, near Tortosa, was found a very fragmentary inscription. Hbner 1
believes that it may have been similar to the trilingual inscription at Tortosa.
lt is impossible to decipher the text which follows:
1 F. M. Marina, 'Discurso historico-critico sobre la primera venida de los Judos a Espafta.'
Jfemoriaa tk la real academia de la hinoria, m (Madrid, 1799), 400-404.
2 Reproduced Crom Renan's MSS by S. de Ricci, 'Paleography,' JE., IX, 475.
3Hbner, op. cit., p. 11, No. 84.
4 Schwab, op. cit., p. 241, suggests Dei for Domini.
6 De Ricd has 'portas prncipes vestras'.
Smit, op. cit., p. 46.

7 Hbner, op. cit., p. 61, No. 187.
Appendix 1-lnscriptions 147
(moon)
(Three verses in Hebrew which have disappeared)
l. A. R.
.u
M:FVI T .
. ARIA
/\
There remains only to speak of certain ruins found at Elche or Alcudia in

Spain. A pavement in mosaic with three inscriptions on it was discovered here.
The reading of the first inscription is clearly 7tp[oa]eux~ /..a:o. The second
inscription is somewhat more diffi.cult. After severa! letters which cannot be
read satisfactorily, we have the group XOY't'WY, then the words xa:l 'ltpea~udpwv,
written by the maker of the mosaicas xe 'ltpe~u-ropwv. After the word e'ltl..o!a:<;
in the third inscription the letters uau, followed hy an accent, can be read. The
inscription ends with the letters ux_a:.
Two investigators were led by the general aspect of the ruins to identify
them as the remains of a Christian chapel. 1 Albertini corrected this mistaken
identification and showed that they were the remains of a synagogue. 1 The
term 'ltpoaeux~ in the first inscription designates the place or the Jewish com-
munity united for prayer.3 lt is a translation of the Hebrew, ii?!ll'lii .n~:i ,
Bet ha-Tefillah, 'house of prayer.' The word 'ltpoaeux~ is followed here by the
genitive of /..a:6<;, a common name for the Jewish community or communal
organization.4 lt is the term preferred in Judeo-Greek literature to designate
the chosen nation in contrast to the other peoples, ora ~6vr.
The second inscription probably bore the legend, dpx6Y't'wv xa:! 'ltpea~udpwv,
and referred to certain offi.cials of the Jewish community. The third inscription
is a metaphorical wish for a 'good crossing.'
A Roman building, the floor of which is partly preserved under the mosaic,
seems to have existed befare the Jewish proseucha. A number of Corinthian
capitals, of which fragments remain, must have belonged to this building and
were used in the proseucha.
1 E. Albertini, 'Rapport sommaire sur les fouilles d'Elche,' Comptu rendm de l'Acadmie du
inacription1 et belles-lettrea (1905), pp. 619--620; P. !barra Ruiz, 'Antigua Baslica de Elche,' BAH.,
XLIX (1906), lllHS!t.
1 E. Albertini, 'Fouilles d'Elche,' Bulletin Hiapanique, IX (1907), li0-l!t7.
i Forcellini, Lericcm, a.r1., proseucha; Stephanus, Thesaunu, '" 1tpoa1uxi.
' Albertini, op. cil., p. 124, errs in suggesting that /\ ao is a proper name belonging
to the individual or community which constructed the edifice
It is difficult to assign a precise date to this monument. The poor quality of

the Greek in an inscription which should have been carefully executed, since it
was a monumental inscription in mosaic, is a sign of a late period. On the other
hand, the very fact that Greek was used is remarkable if we consider the paucity
of Greek inscriptions in Spain. In the second balf of the sixth century the
Byzantines had obtained a foothold in the southeastern part of Spain. We do
not know precisely what regions they occupied, but Cartagena, where they
remained for sorne time, i! not far from Elche. The use of Greek at this time
is less remarkable in this region than in purely Visigothic territory. The small
edifice at Elche may then be assigned to the second half of the sixth century,
roughly contemporaneous with the Tortosa inscription. The proaeucha at
Elche must have had difficulty existing throughout the seventh century. When
the Visigoths had recaptured the regions occupied by the Byzantines, the Jews
were persecuted at Elche as everywhere in the Visigothic kingdom.
!l. GAUL
Of the Jewish inscriptions in Gaul perhaps the most ancient is a Latin text
containing one line of Hebrew. The text anda translation of this epitaph, which
is in the museum at Narbonne, follow: 1
lc(hic) requiescunt
in pace bene memori
tres fili d(omi)ni Paragori
de filio condam d(omi)ni Sa-
paudi, id est Iustus, Ma-
trona et Dulciorella, qui
vixerunt Iustus annos
XXX, Matrona ann(o)s xx, Dulci-
orela annos vim. ;Hie'(~) ;y ci;e'
obverunr [read 'obierunt'] anuo secundo d(o)m(in)i Egicani
reg1s.
Here rest in peace the three children of happy memory of the liege Paragorus, son of the
late liege Sapaudus, that is, Justus, Matrona and Dulciorella, who have lived: Justus
thirty years, Matrona twenty years, and Dulciorella nine years. Peace be unto Israel!
They passed away in the second year of the lord Egica, the king.
The inscription can be dated with precision from the second year of the Visi-
gothic king Egica, who succeeded bis father-in-law Erwig on 24 November 687.
The inscription, then, belongs to the year 688. It is possibly the most ancient
text of this kind preserved in France, as LeBlant believes,2 but this cannot be
affirmed with certainty. We shall examine two other Gallic inscriptions, one
1 The Narbonne inscription is generally grouped with the Gallic inscriptions, although Narbonne,
as part of Septimania, at that time belonged to the Visigothic kingdom. The inscription is reproduced
below, PI. 1v, at end.
1 E. LeBlant, IMCT'ipticm1 chrltnne1 de la Gauk antlrieure1 au VIII mck (Paris, 1865), u, ~76.
at Vienne, the other at Arles, which seem to belong to the same period or are
perhaps, because of the form of certain letters, even older.
Little importance can be attached to the Hebrew orthography, nor can deduc-
tions as to the precise date of the inscription be drawn from it. In the line
?N1rt', ?J) ci?rt' the i and the rt', which appear to be of an unusual form,
seem to have been reduced to this condition by wea.r. So, too, the down-strokes
at the left of the final C and the bottom of the i have been worn away. In
spite of the indisputable original presence of these letters, Chwolson has declared
these forms impossible. 1 At the same time, Schwab,2 wbo follows Reinach,3
errs in believing that the initial , in ?Nirt', has disappeared. Fita shows that
the absence of the initial yod is nota stone-cutter's error, but a form characteristic
of the period. 4 An inscription at Cartagena, a century older than the one at
Narbonne, has SPANIAE instead of HISPANIAE.6
There is little object in demonstrating at length the Jewish origin of the
inscription. It is sufficiently proved by the presence of the five-branched candle-
stic~ at the head of the first line, where the cross appears normally on Christian
tombstones. Because a five branched candlestick is used instead of the usual
seven-branched one, which is meant to recall the candlesticks of the Temple at
Jerusalem, 7 Krauss considers it to be not a symbol of the Jewish cult, but a
sepulchral image which symbolizes the soul of the deceased, forever deathless
and inextinguishable. 8 In spite of this interesting hypothesis, the exclusively
Jewish cbaracter of tbis symbol cannot be doubted. In addition to the candle-
stick, the three Hebrew words which are frequently found on Jewish epitaphs of
the Middle Ages prove that the inscription is Jewish. The Hebrew expression
'Peace unto Israel' 9 regularly replaces the Greek iv e!pTvr which had been
taken over by the Christians.
It would be supererogatory to add anything to the discussion of LeBlant,
Reinach, and Schwab concerning the orthograpbical and grammatical peculiari-
ties of the inscription. The principal interest of the stone lies in the five proper
names found thereon. We shall examine these in detail.
Until Reinach all the editora of the inscription read for the name Paragorus,
Paratori(s) from Paralor. This reading, however, cannot be accepted. Neither
the Jewish nor the Christian onomasticon has a name like Paralor or ParatoriWJ.
1 Chwolson, op. cit., pp. 178-179, No. SS, discusses in detail the whole question of the Hebrew
orthography.
1 M. Schwab, 'Rapport sur les inscriptions hbraJques de la France,' Nourellu archi11u de1 milBicnu
1cienlifauu et lUtbairu, XII (1904), 170.

Th. Reinach, 'Inscription juive de Narbonne,' REJ., XIX (1889), 76-77.
'F. Fita, 'Noticias,' La E1p<Jfta Hebrea (Madrid, 1889), 1, 1.58.
Hubner, op. cit., No. 176.
1 The candlestick has 6ve branches, and not the seven which Reinach, op. cit., p. 76, and LeBlant,
op. cit., p. 477, describe.

7 i Chronicles, IV, 7 ; cf. l. Loeb, 'Chandeliers a sept branches,' REJ., XIX (1889), 100-105.
1 S. Krauss, 'Zur Katakombenlorschung,' Fuchrift . . . A. Berliner (Frankfurt a{M., 190S),
p. 207.
'Cf. Psalms, cxxv, 5, and CXXVIII, 6.
The suggested 't' has on its vertical staff a well defined hook, which cannot be
explained asan accident in cutting. A comparison of the letter with the 'g' in
the words 'Egicani regs' leads one to believe that the 't' is really a 'g' identical
with the 'g' which is given in the paradigms by Natalis de Wailly. 1 Paragori
must therefore be read.
The name Paragorus appears very early in Jewish writings. The Jerusalem
Talmud mentions a Rabbi ,,,;i,iei, Parigori, who taught in Caesarea in the
first century after Christ.2 Another rabbi of the same name went from France
to Spain in the year 1085.3 The name must be transcribed ParigOTWJ or Para-
gcmu, and not, as Cassel suggests, Paragoras. The last form is equivalent to
the Greek T:apay6pa~. 'the merchant,' a name which has been found on only one
inscription, an archaic one at Bruttium. 6 The Hebrew cii.:i,iei, Parigorus, like
the Latn Paragorus, represents the Greek 'ltapiyopo~, 'he who assuages,' 'the
consoler.' In spite of its Greek etymology, the word conceals a Jewish name.
Zunz has pointed out in his monograph on Jewish names6 that Paragorus corre-
sponds exactly in meaning to the Hebrew CMlC , M enach.em.
The name Sapaudus in the inscription is of Gallo-Roman or Celtic origin, 7
although its etymology is uncertain. If individuals bearing this name derived
it from Savoy, their birthplace, we might assume that Jewish families in which
the name Sapaudus occurred carne from this region. But the hypothesis8 that
the Sapaudus of the N arbonne inscription attests the existence of a Jewish
community in Savoy from the seventh century has no basis. The establishment
of the Jews in Savoy dates only from the thirteenth century. 9
The name Justus is purely Latin. Not only was it very common among the
Romans, but it was found among the Jews. 10 When borne by a Jew, it was a
translation into Latn of the Hebrew piil , Zadok, 'the righteous.' 11
The name Matrona is frequently found as a cognomen in Latn epigraphy.
The Christians adopted the name, and it is found on severa) Christian inscrip-
tions in Gaul. 12 Among the Jews the oldest example cited by Zunz is found at
1 Natalis de Wailly, Elementa de palographie (Pars, 1888), II, 244, pi. l.

2 T. J. Terumot, XI, 2. The name Paregorus appears al.so on a sarcophagus from Rome, GIL., vr.
29339.
3 Abraham ibn Daud, Sefer ha-Kabbalah, (ed. Neubauer, Mediaet1al Jewiah Chroniclea, 1, 74).
S. Cassel, 'Judcn (Geschichte},' AUgemeine Encyclopadie der Wi4aenachaften und Kiinate

.J. S. Ersch und J. G. Gruber, (Leipzig 1850), n, 27, 26, n. 50; p. 29, n. 80.
& CIG., No. 4.
6 L. Zunz, 'Namen der Juden,' Ge8ammelte Schriften (Berlin, 1876), II, 9 and 16.
7 A. Giry, Jlanuel de diplomatique (Paris, 1894), p. S5S.
8 Rcinach, op. cit., pp. 79-80.
9 A. Gerson, 'Notes sur les Juifs des tats de la Savoie,' REJ., vm (1884), 235.
10 See discussion of Vienne inscription below; cf. H. Vogelstein and P. Rieger, Geachirhte der Juden
fo Rom (Berln, 1896}, 1, Nos. 156 and 177 of Appendix; G. Jeanton, 'Les Juifs en Maconnais,'
Annales de l'Acadme de Jfdcon, 3e sr., xx (1919), 4, cites a cartulary of 886-~7 Crom Mllcon, in
which a 'Justus, Hebraeus,' is named.
11 Zunz, op. cit., p. 16.
12 LeBlant, op. cit., Nos. 423 and 468.
Worms in the eleventh century. 1 Zunz evidently refers to the name Matrona
found on the list of Jewish martyrs at Worms in 1096, during the First Crusade.2
Gross3 suggests that the name Matrona corresponds to the Hebrew name
Miriam, as do the names Meirona and Maronne.4
Names derived from the adjective dukis, like Dulcivrella in our epitaph, are
peculiar to the early Christian onomasticon. The Jews borrowed the use of
these names, restricting them, however, to women; such are the names Do~a
or Douce, Dukia, and Dolzetta.5 The name Dukiorella, both augmentative and
diminutive, appears for the first time in the Narbonne inscription. lt is possible
that this name, like ali Jewish names derived from dukis, is thc equivalent of the
Hebrew ~CJ'.l , Namni, which has the same connotation.
The unusual circumstance of a father burying three children of various ages
has impressed the editors of this inscription. They have attempted to seek the
explanation for this anomoly either in one of the terrible epidemics which devas-
tated Gaul so often in the Middle Ages or in one of the persecutions of the Jews
by the Visigothic kings. Tournale and Reinach believe that the death of the
three children was dueto the persecutions of Egica. But his violent persecution
of the Jews did not begin until the year 694 or six years after the date of the
Narbonne inscription. The Jews of Septimania were specifically excluded from
bis program of persecution. 7 Furthermore, it is difficult to understand why he
should have murdered the three children and permitted the father to live. More
likely is the supposition of LeBlant and Fita8 that they probably died of the
plague (plaga inguinalis) which raged at the beginning of Egica's reign. 9 At
the Sixteenth Council of Toledo in 698, 1 and again at the Seventeenth in 694,u
Egica mentioned the plague which devastated Septimania, of which Narbonne
was the most important city.
An inscription found at Ste Colombe and listed with the Christian inscriptions
of Gaul, although it has no religious symbol,12 furnishes so curious a parallel to
the Narbonne stone, that 1 reproduce it here. Both have in common the name
Sapaudus and in both the death of three children is commemorated. One is
tempted to assign a Jewish origin to the text.
i Zunz, op. cit., p. 46.

1 Cf. Aroniu.s, &guten, pp. 84-86, No. 184.
1 Gross, G. J., p. 404.
4 lbid., pp. 88 and 657.
'Zunz, op. cit., p. 45.

1 M. Toumal, Catalogue du mwk de NarbonM (Narbonne, 1864), p. 46.
7 17 Toledo, Tomu.s (MGH., L. Vi.tig., p. 485; Gonzalez, 588; Mansi, XII, 94).
8 F. Fita, 'Epigralia hebrea y visigtica,' BAH., XLVII (1905), 869 and 872.
9 Continuatio Hispana, 54 (MGH., AA., XI, Chron. Min., u, 849); lridori Paceruia Chronicon, c. 25
(PL., XCVI, 1261).
1 16 Toledo, Tomus (MGH., L. Vi.tig., p. 481 ; Gonzalez, 557; Mansi, XII, 61).
11 Supra, n. 7.
n LeBlant, op. cil., n, 46()1l; CIL., XJJ, 2088.

Ego pater Vitalinus1 et mater

Martina scripsimus non gran-
dem gloriam sed dolum ( = dolorem) filio-
rum. Tres filios in diebus XXVII
Hic posuimus. Sapaudum filium
Qui vixit annos VII et dies XXVI.
Rusticam filiam qui (sic) vixit annos
1111 et dies xx.
Et Rusticula filia (sic) qui
annos 111 et diebus XXXIII.
We, Vitalinus, the father, and Martina, the mother, have inscribed not the great glory,
but the grief of our children. Three children in 27 days we laid here at rest: Sapaudu.s,
a son, who lived 7 years and 26 days, Rustica, a daughter, who lived 4 years and 20 days,
and Rusticula, a daughter, who lived 8 years and 88 days.
Truly 'sunt lacrimae rerum et tangunt mortalia mentem.'
In 1869 a Jewish inscription was found in the old priory of St Orens at Auch
(Department of Gers). lt is now in the National Museum at St Germain-en-laye
(No. !lOS20).2 The most careful study of this inscription was made by the late
Theodore Reinach, 3 who placed it in the last years of the seventh century or the
beginning of the eighth century. He gave as bis reasons the archaic character
of the one Hebrew word at the end and the Latin style of the whole. His first
transcription follows:
In Dei nomine seto ( = sancto)

pelester ( = feliciter?) qui ic ( = hic) Bennid
Ds ( = Deus) esto c[u)m ipso; Ocoli ( = oculi)
invidiosi crepen [t] dedit
Donum, Jona fecet ( = fecit)
ci;~ (Shofar, candlestick, lulab).
In the sacred name of God

happily reposes he who is here. Bennid
(God be with him! may envious eyes
perish!) made the gift. Jonah engraved it.
Peace.
The first word of the second line appears to be Pelester, not Peleser. Severa!
editors see in this curious word Pelester a proper name, and they transcribe it:
'Pelester qui ic Bennid,' 'Pelester who is here, the son of Nid,' or again, 'Pelester,
alias Bennid.' But the proper name Pelester is unknown and is as unlikely in
Latin as in Hebrew. Much more reasonable is the reading Peleger, with a 'g'
1 The name Vitalinus suggests a translation from cnn, Uayyim, 'lile'.
2 A good reproduction of this inscription is found in E. LeBlant, L'lJi,graphie chrltienne en Gaule
et dam l'A.frique romaine (Paris, 1890), PI. IV. See below, PI. v, at end.
1 Th. Reinach, 'Inscription juive d'Auch,' REJ., XIX (1889), 219-228, and 'Nouvelles remarques
sur l'inscription juive d'Auch,' REJ., xx (1890), 80-88; cf. M. Schwab, op. cit., pp. 174-184..
like the one in the Narbonne inscription, for Peregrinus. This possibility we shall
discuss below.
The second part of the phrase gives the name of the donor, Bennid. This
name is not found in the complete nomenclature assembled by Zunz, although
he has the name Benet under Christian or non-hebraic names. 1 A Latin ety-
mology may perhaps be given to it, Benedictua. The name, however, appears to
be identical with the Germanic name Bennit, which is found in a charter of the
year 811.2
The name of the donor is separated from the verb which indicates the gift by
a long parenthesis, that includes both a benediction and an imprecation.8
Finally there is the name of the cutter of the inscription, Jonah. The last line
presenta no difficulties. The word ci?ttt, shalom, is characteristic of Jewish
epitaphs, and the seven-branched candlestick, the lulab or palm branch,4 and
the shofar or ram's horn,6 are found at least frequently on such inscriptions.
We may add the observation of Krauss,8 to which we have already referred,
that the symbols represented at the end of this epitaph are not merely allusions
to the Jewish cult, but affirmations of the belief in the immortality of the soul.
Kaufmann refuses to admit the inscription as an epitaph. 7 He argues that
if it is a tombstone, it lacks the name of the deceased, inasmuch as the names on
the stone are those of the donor and the stone-cutter. There is no date, no
indication of a death. The formulas which appear on the stone are not found
on any epitaph of Christian or pagan epigraphy, nor is a funerary inscription
ever begun by the name of God.
All of these anomolies disappear, if we admit the hypothesis that we have here
not a funeral stone, but an inscription on a synagogue, a dedicatory plaque.
The stone recounts in concise style that it was once in the floor of a synagogue
at Auch or elsewhere, probably in the middle of an artistic mosaic. lt bears the
name of the donor Bennid and the artisan Jonah. The synagogue has Callen into
ruins, the mosaic has been destroyed, but the dedicatory stone remains. Bennid,
unwilling to incur the danger of the evil eye by calling public attention to him-
self through his gift, resorts to the euphemism 'May God be with him,' and
utters a malediction against jealous persons. The proof that it belonged to a
synagogue lies in the word Pelester, from which is derived the French word
pltre, 'plaster.' Pelester, then reers to the pavement or the floor of the
synagogue.
1 Zunz, op. cit., p. SO.
2 H. Loersch and R. Schrisder, Urkurukn zur GuchichU du deuchen PrirotrechJ.u (2d ed., Bonn,
1881), p. 29, No. 45 (36).
1 Job, XI, 20; el. Proverbs, XXX, 17. The Vulgate tran.slates the paasage from Job: 'Oculi autem
impiorum deficiunt.' It is interesting to observe that the redactor of the epitaph did not make use
of the Vulgate. He must have had in mind one of the translationa in popular Latin, the existence of
which eeems to be demonatrated for the first centuriea of the Middle Agea.
'l. M. Casanowicz, 'Lulab,' JE., vm, 205-!l07. .
J. D. Eisenstein and F. L. Cohen, 'Schofar,' JE., XI, 801-806.
1 Krauss, op. cil., p. 207.
7 D. Kaufmann, 'Nouvelles remarques sur l'inscription juive d'Auch,' REJ., XX (1890), 29.
This hypothesis is interesting, because it fumishes a proof for the existence at

a comparatively early date of a synagogue at Auch. But ingenious as the
hypothesis is, it fails by reason of over-simplification. The funerary character
of the inscription is clearly indicated by the ahojar, the lulab, and the candlestick,
which are found almost exclusively on tomb-stones, and especially by the word
ci?tt', ahal.om, which is invariably found only on epitaphs.
Reinach himself expressed doubt about the reading Peleater. The name is
more likely Peleger, an abridged form of Pelegrinus for Peregrinus, corresponding
exactly to the German Pilger and the English 'pilgrim.' By extension, it is
used in the sen se of 'proselyte.' lt would then be a translation of the Hebrew
ciwi.:i, gerahom (or itt'i.:i, gerahon). Thus, in the seventeenth century there was
a Portugese Jewish historian, Abraham Gher or Peregrino. 1 In our inscription
the deceased may have been called Bennid Peleger, that is, 'Bennid the pro-
selyte.' Again, we may suppose that Bennid was an immigrant or 'pilgrim,'2
who died during a visit at Auch and wa.s interred at the expense of Jonah, the
philanthropist of the community. The last suggestion is made on the basis of a
reading by LeBlant,3 de Dei. donum (for cfuno) Jona fecit, a formula equivalent
to de auo f ecit, 'at his own expense.'
We may, then, read the inscription as follows:
In Dei nomine scti ( = sancti)
Peleger qui ic ( = hic) Bennid.
Ds ( = Deus) esto c[u]m ipso! Ocoli ( = oculi)
lnvidiosi crepen [t] ! De DI (Dei)
Donum lona fecet ( = fecit).
ci?w
Among the inscriptions in the Museum at Arles is one in Hebrew; only the
first line is preserved.'
i'NC [U] iC ?W i:lpit itT
'This is the tomb of (our) master Meir.'
After the two letters ic of the fourth word, there is a lacuna caused by break-
ing. lt is not difficult to supply the missing letters U, added here between
brackets. The rest of the text contains presumably the geneology of the deceased,
a eulogy of him, and the date of bis death. Lenormant5 attributes the inscrip-
M. Kayserling, Biblioteca E1paflola-Portugna-Judaica (Strasburg, 1890), p. 48.
1
Fita, 'Epigrafa hebrea y visigtica, BAH., XLVII (1905), 880, suggests that Bennid may have
2 F.
been a Spanish Jew, who fled to Auch during the persecutions ol Sisebut. This identification must
be rejected by reason of chronology.
1 E. LeBlant, Nouflea:u rlCTUil du irucriptioni clirlticmnn th la Gauk anUrWuru au YIII .Uc
(Paris, 1892), pp. 821-822.

'Schwab, op. cit., pp. 184-185.
& F. Lenormant, Eaaai "''la propagation de l'alphabet phlnicien dan1 l'ancien monde (Pars, 1875),
1, 27S.
A ppendix J-1 nscriptions 155
tion to the fourth century; but because of the irregularity of the script, especially
of the letters K and C, Chwolson 1 assigns it to the seventh or cighth century.
It is quite possible, however, that the stone is much later, for the lettering
depended upon a stone-cutter, often non-Jewish and ignorant of the Hebrew
alphabet. In that event it may be the tombstone of one of two rabbis named
Meir who are known to have lived in Arles. About the middle of the twelfth
century there lived a very learned Rabbi Meir, and in the second half of the
fifteenth century another Meir, an author, lived in Arles. 2
An epitaph found at Vienne-en-Dauphin bears the words:3

1l1e'1' i : ?N1t:le'
'Samuel, son of Justus.'

The author of the inscription seems to have had in mind a Greek equivalent,
~cx.ou~'A u!o~ 'locnou or Lcx.ou~'A 'loa-::ou. He seems to transcribe the Greek
genitive Ly loustou, at the same time inserting the i~, bar, 'son of,' a Chaldaean
form. Chwolson' dates the epitaph not later than the sixth century, but in the
a}?sence of evidence other than the three words of the inscription it is difficult
to see on what basis this identification is made.
Gross discovered a document which is of intcrest in connection with this
ioscriptioo because of arare coincidence of names. It is a contract of the tenth
century by which a Jew of Vienne named Asterius exchanged a field belonging
to him for one which was owned by a convent. The wife of the owner is named
Justa, and one of the witnesses who signed the contract is called Justus.& The
name Justus in various forros was very common among the Jews of Spain and
France. Its antiquity is shown by the name of Flavius Josephus' rival, Justus
of Tiberias. 8 A Justo is mentioned in the Jerusalem Talmud. 7 The same name
was borne by Spanish Jews. A Jew named Justot lived at Beaune about 1806.8
The name Justus, of Roman origin, corresponds doubtless to the Hebrew name
pii~. Zadok. 9
For achaeological evidence relating to the Jews of Gaul there remains only to
mention a gold ring of the Merovingian period which was found at Bordeaux. 10
1 Chwolsou, op. cit., p. 180, No. 66.
1 Gross, G. J., pp. 80 and 90.
3 Schwab, op. cit., pp. 187-188; Leuormaut, op. cit., 1, 274.
4 Chwolson, op. cit., pp. 179-180, No. 61.
'Gross, G. J., p. 191.

8 Josephus, Vila; cf. also Vogelstein and Rieger, op. cit., 1, Nos. 1.56 and 177, and the Narbonne in-
scription.
1 T. J. Berak, VIII, 6; T. J. Shtbi'it, VI, l; T. J. MegiUa}&, 1, 1, etc.
1 J. Simmonet, 'Juifs et Lombarda,' Mlmcirea iU l'acadlmi impbia iUa aclneu, arlan blllu-
1.ettru de Dijon, 2' sr., XIII (1865), 160.

9 Zunz, op. cit., p . 16.
1 E. LeBlant, Nouf!eau recueil, pp. 805-807, No. 284 A; C. JuUian, ln.reriptiona romainea de Bar-
deauz (Bordeau."', 1890), u, 108-109, and PI. IV, reproduced below, PI. VI, at eud.
On the face of the seal is engraved the name Aster in the fonn of a monogram;
the same name is engraved in relief and in single letters on the side of the seal.
The name Aster, corresponding to Esther, is found on several Jewish inscriptions.1
On the side of the seal and on the two sides of the band supporting the se,
appears also the familiar symbol of the seven-branched candlestick. The ring,
then, is obviously Jewish. We have other examples of Jews inscribing on their
rings the symbol of their cult in this fashion. Sometimes it appears with the
ahojar and the lulab, and, in one case, such a ring bears the significant name
Juda. 2 Thus the Bordeaux ring adds further proof of the existence of Jews in
that city in the Merovingian period.
1 GIL., VIII, 14099 (Carthage); vm, 8499 (Naples); rx. 6204 (Venosa) .AI:0HP; x, 1971 (Setif).
1 GIL. X, 8059 (484).
APPENDIX 11
THE LA'vs OF RECESWINTH

THE la.ws of Receswinth which spea.k of ludaei ha.ve been considered a.s
applicable to ali thc Jews of Visigothic Spain, whether baptized or not. From
this interpretation was drawn the erroneous conclusion tha.t Receswinth had
returned to the policy of forced ba.ptism. Gra.etz, however, a.ttempted to
demonstra.te that Receswinth pennitted the pra.ctice of the Jewish religious
rites to those who had never been baptized. The laws forbidding the Jewish
ceremonies, then, would a.pply only to ba.ptized Jews. The a.rguments of
Gra.etz are :1
l. The La.tia text of these laws2 mentions only ludaei, but t he Ca.stilian tra.ns-
la.tion adds, 'Ningun judo que es fecho christiano,' 'Lws become Chris-
tians. '1
!l. H we refer these enactments to ba.ptized Jews alone, they cea.se to appear
arbitrary and fa.na.tical.
S. An argumentum e ailentio: the laws of Receswinth do not refer to Jewish
imposts, but they would mention them if these regula.tions applied to
non-baptized Jews.
4. The laws indica.te tha.t xu, !l, 5-8 concern the baptized Jews; xu, !l, 9-10
concem Jews and baptized Jews; xn, 2, 11 prescribes the penalties for
violations of these laws.
Juster proves conclusively that Graetz's arguments are of little value.'
l. The Castilian translation is five centuries la.ter (eleventh century) than
the laws in question. The addition 'Jews become Christians' is found in
only two manuscripts, the Malpica 11 and the Escurial.
!l. Receswinth's enactments are actually milder than those of several of bis
predecessors who gave the Jews a choice between baptism and exile. Under
Receswinth the Jews were perrnitted to rema.in in Spain, even if they were
not baptized, on condition that they did not pra.ctice the Jewish cere-
monies. Sorne of these ceremonies had been forbidden even in Roman
times.
S. The Jewish imposts a.re first mentioned in a law of Egica forty years la.ter.
4. Graetz established an a.rbitra.ry order for the laws without reference to the
facts.
1 Graetz, Di6 wutgotlaclu Gutlt3glbung, pp. 19-il.
1 L. Fin11.,-xn, 2, 5-8.
1 Fuero Juzgo rn Latn 11 CamUano (Madrid, 1815), p. 178, n. 86, 48; p. 179, n. 6.
Juster, Cmid., p. 284, n. 2.

' L. Viaig., xn, 2, 18.
157
5. The laws of Receswinth actually distinguish between Jews and baptized

Jews: 'ludaei, seu baptizati, sive non extiterint baptizati';1 'ludaeos sive
non baptizatos . sive eos qui baptizati sunt.'2 When the laws
concern only baptized Jews, they state this very specifically: 'Nullus
ludaeorum sacre religionis christianam fidem quam percepit . '
6. In place of the term ludaei, the laws often state, 'de ludaeis' or 'ex ludaeis,'
which must refer to persons of Jewish origin. 4 One law shows clearly that
Iudaei refers both to baptized and non-baptized Jews:
Iudaeos sive non baptizatos in sue observationisdetestandafideetconsuetudinepermanere,
sive eos, qui baptizati suot, ad perfidiam ritumve pristinum quandoque redire.
1 L. Ving., xi1, 2, io.
1 /bid., XII, 2, 15.
a /bid., XII, 2, 4.
'lbid., xu, 2, 5, 6, 7. Cf. xn, 2, 8, 12, 'Nulli Iudaeo,' where non-baptized Jews are meant.
lbid., xn, 2, 15.
APPENDIX III
THE NASI OF NARBONNE

TuE Roman de Philomene or the Gesta Caroli Magni ad Carcassonam et Nar-
bonam1 recounts how Charlemagne, alter a siege of N arbonne, rewarded the
Jews for the part they had taken in the capture of the city. He granted to them
for their own use a third of the city and the right to live under a 'Jewish king,'
as the Saracens lived under a Saracen king. 2
The Gesta Caroli, a recital of the exploits of Charlemagne, are falsely attributed
to a certain Philomena, whose name appears in the narrative. Molinier con-
siders these Gesta a compilation made in the twelfth century at the Abbey de la
Grasse (near Carcassone), after the French poems of the Pseudo-Turpin.3
According to Schneegans,4 however, the work is not earlier than 1200. lt was
written by a certain William of Padua at the request of an abbot Bernard. But
there were at the Abbey de la Grasse two abbots of that name, the one circa
1205-1208, the other between 1287-1255. We probably owe the Gesta to the
first Bernard. The Provenc;al text of the Gesta has merely a philological interest,
inasmuch as it is, according to Schneegans,6 a translation of the Latn text. In
general, the critics consider the Gesta as a text without great historical value. 1
lt is noteworthy, for example, that this work affirms that at the moment of the
siege there was a Saracen king named Matrand at Narbonne. But there was
never any Saracen king in that city. Several Visigothic kings had their residence
there, for example, Gesalic (507-511), Amalaric (581) and Liuwa (567-572).
lt is possible that the Gesta has confused the Visigothic kings of Narbonne with
the Saracen governors of that city. 7
The tradition that a third of the city was granted the Jews is partly confirmed
by a document which existed in the Abbey de la Grasse before the French
1 A Latn anda Proven~ version of this text are extant. S. Ciampi, Geata Caroli Magni .
(Florence, 1828), has edited only the Latin text. F. E. Schneegans, Geata Karoli Magni . . .
(&maniache Bibliothek, ed. W. Foerster, No. 15, Halle, 1898), has an edition of the two texts.
1 Guta Caroli, c. 14 (ed. Ciampi, pp. 97-lOS; ed. Schneegans, pp. 176-189); a translation into
French by J. Rgn. ':2tude sur la condition des Juils de Narbonne du V au XIV0 si~le.' REJ., LV
(1908), 17-18.
1 A. Molinier, Lu 1ourc11 de l'hiatoire de Fra~ (Paris, 1901). 1, !W9.
Schneegan.s, op. cit., p. 89.
1 Schneegans, op. cit., pp. 84-35. Previously it had been considered as older than the Latin text.
Cf. G. Paris, Hi1tuir11 "''tiqw dti Charlamagn11 (Paris, 1865), pp. 90-91; P. Meyer, 'Recherches
sur l'~pope francaise,' Biblio~ dti l'2coh del Chartu, 6 sr., m (Paris, 1867), 66-67; Rgn,
op. cit., pp. H-16; l. Lvi, 'Le roi juil de Narbonne et le Philomene,' REJ., XLVDI (1904), 197-207.
7 G. Saige, 1 Juif1 du Lang~ (Paris, 1881), p. 42, errs in saying that after the capture of the
city, Charlemagne accorded to the Saracens dwelling in Narbonne the right to live under a Saracen
king. Matrand, the Saracen king of the Guta, was killed in battle, and no part of the city was given
bis followers.
169
160 The Jews in tlte Kingdoms of Spain and Gaul
Revolution. This document showed that under the emperor Charlemagne, a

'king of the Jews' owned a section of the city of Narbonne, a possession which
Charlemagne confinned in 791.1
Two Hebrew texts give a similar account of the grant by Charlemagne of a
third of Narbonne to the Jews. The first text is in the Sefer ha-Kabbalah
(it';:li'il 'O), 'The Book of Tradition,' of Abraha.m ibn Daud of Toledo (died ca.
1180).2 Abraham Zacuto (ca. 1504) gives an extract of this in bis history
called the Sefer Yobaain (T~cru~ 'O). The second text appears in a contro-
versia! work, the Milhemet Mizwah (itiJC nt1n';c), 'Religious War,' by Meir
ben Simon of Narbonne (1240).'
Meir's account differs from that of the Gesta. He relates that at the siege of
Narbonne the emperor Charles, having had bis horse killed under him, would
himself have been slain had not a Jew dismounted and given him bis horse.
The Jew paid for bis devotion with bis life, for he was killed by the Saracens.
After the conquest the emperor, in recognition of this self-sacrice, accorded bis
protection to the descendants of the Jew and granted them a third of the city
of Narbonne and its environs. After Charles ali the emperors maintained their
friendship with the Jews.
A tradition preserved by Abraham ibn Daud in the Sefer ha-Kabbalah, and
agreeing in part with the statement of bis contemporary, Benjamn of Tudela,
says that these favors were granted not to the Jewish community, but to Rabbi
Machir, whom Charlemagne summoned from Babylonia through the agency of
Harun al Rashid. He was to serve as rabbi in order to instruct the Jews whom
Charlemagne had permitted to settle in N arbonne. To him the emperor gave
numerous prerogatives, and appointed him head of the community. As Nasi
or patriarch of Narbonne he is compared to the Babylonian exilarch, with
supreme authority to render decisions conceming the Jews of Narbonne.1 Like
the patriarchs of Palestine, he called himself a descendant of David, a pretension
followed by his successors, the Kalonymus family.
In the Sefer ha-Kabbalah, then, there is no allusion to the role of the Jews in the
capture of the city. Charlemagne is said to have given a portion of the city to
Rabbi Machir as a kind of endowment or gift to recompense him for opening a
school of Talmudic studies. The Jewish quarter of Narbonne was later called
the 'New City' and the 'Great Jewry.'1 The Machir family lived in a building
known as the 'cortada regs Judaeorum.'7
1 M. DuM~e. 'Mmoire sur quelques inscriptioos hbraiques dcouvertes a Narbonne,' Mlmoiru
<k la SCJC'im Royal1 du Antiquaire <U Franu, vm (1829), MO, note.

1 Abrabam ibn Daud, Sef1r lu>Kabbalah, in A. Neubauer, 'Documents sur Narbonne,' REJ., x
(1885), 100-104; Neubauer, Mediaetlal Jewilh Chroniclu, 1, 82.

1 Abraham Zacuto, LibtJr Yoluuin. ed. H. Filipowski (London, 1857). p. 84.
4 Meir ben Simon, Millunna MmcaA, extract in Neubauer, 'Documenta,' pp. 98-100. Cf. H.
Grou, 'Meir b. Simon und seine Scbrift MilclwmJa MMa,' MGWJ., xxx (1881), M+-451.
1 In the Sef1r Yo(uuin, p. 84, Zacuto states that Rabbi Machir and his descendant.s became
'chiefs of the captivity,' (ni '~l 1111ti, ra1hl gali111/0l) and 'judges' ( QllQD,lr, /wfltim).
1 Htoir1 litlbair1 <U la FranctJ (Paria, 1877), XXVII, 661.
7 Saige, op. cit., p. 44.
Appendix 111-The Nasi of Narbonne 161
Neither Hebrew text has any mention of the part which the Gesta alleges for
the Jews in the siege of Narbonne. The legend regarding the self-sacrifice of a
Jew of Narbonne for Charlemagne is derived from the story of the rescue of the
emperor Otto 11 by the Jew Kalonymus at the battle of Crotona, 13 July 982:
Vidensque a longe navim, salandriam nomine, Calonimi equo Judei ad eam properavit.
Sed ea preteriens, suscipere hunc recusavit. Ille autem littoris presidia petens, invenit
adhuc Judeum stantem, seniorisque dilecti eventum sollicite exspectantem.1
The legend about the settlement of Rabbi Machir at Narbonne seems to be
derived from a tradition that at the command of Charlemagne Kalonymus of
Lucca was ordered to Mainz to found a Talmudical school for the Jews whom
he brought there. 2 Most historians have accepted the story found in the 'Eme(c
ha-Bakah that it was Charlemagne who brought Kalonymus to Mainz. 3 Rieger'
believes, however, that Kalonymus was brought from Lucca by Charles, son of
Pepin of Aquitania, uncle of Louis the Pious, and archbishop of Mainz from
856 to 868. He suggests this hecause of a confusion of dates due to a difference
in the reckoning of the Jewish calendar which was used by the Jewish sources,
such as Solomon Luria. The date given in these sources as 789 (10 'Elton) must
equal 857 in the reckoning from the birth of Christ. More acceptable is the view
of Bresslau that the event must be placed in the Ottonian period.6 The sources
are late and do not agree with one another. 8 Contemporary Carolingian sources
do not mention this event.
If we accept the hypothesis that the story of Kalonymus should be placed in
the year 982, sorne of the difficulty regarding the story of Rabbi Machir of
N arbonne is resolved. Charlemagne is confused with Otto 11 and the scene
transplanted to Narbonne, so that what actually happened to Otto 11 at Crotona
is said to have happened to Charlemagne two hundred years earlier at Narbonne.
The confusion becomes especially obvious when we consider that the successors
of Rabbi Machir also bore the name Kalonymus, a name common enough
among the Jews of the Middle Ages.7 We can in this way cxplain merely the
story of the battle, but not the privileges of the Na.si of Narbonne.
1 Thietmari chronicon, m, H (MGH., SS., m, 765). Cf. J. Aronius, 'Karl der Grosse und Kalony-
mus aus Lucca,' ZGJD., 11 (1888), 82-87. l. Lvi, 'Encore un mot sur le roi juil ele Narbonne,'
REJ., xux (1904), 147-150, is only a ''llUm' of this article.
2 Joseph ha-Kohen, 'Eme1' ha-Bakah (transl. Wiener, p. 8; transl. Se, p. 12). The legend appears
also in John Staindel (ra. 1508), Chro11icon generak, in A. F. Ocfelius, Rerum Boicarum scripWre8
(Augsburg, 1768), 1, 440.
l\I. Wiener, Review o[ Luzzato, ll Giudaiamo illu8trat.o nella ma teorira, nella aua 8toria e ne/la aua
letteratura, I, MGWJ., m (1854), 286-287, agrees with Luzzato that Charlemagne was responsible.
He fixes the date as 787, since at that time Charlemagne visited Rome and brought back with him a
number or mathematicians and grammarians.
4 P. Rieger, 'Wer war der Hebrller, dessen Werke Hrabanus .Maurus benutzt hat?' JIGWJ., x.xvm
(1924), 67.
'H. Bresslau, 'Diplomatische Erliiuterungen zu den Judenprivilegien Heinrich.s IV,' ZGJD., 1
(1887), 157.
1 L. Zunz, Litnaturguchicht~ der 8]/nagogakn Pouie (Berln, 1865), pp. 104-106.
7 For the lrequent use or this name see Gross, G. J., p. 709, lndex des noIDS de personnes, 1.11.,
Kalon7111W8.
16~ The Jews in the Kingdo'IM of Spain and Gaul
We rnay perhaps retain so much from the long recital in the Geata and the
Hebrew sources regarding the 'Jewish king' of Narbonne. After the capture
of that city, Pepin the Short found a large Jewish colony there. Through the
agency of their chief or Nasi, a survival as we have seen of the Roman period,
the Jews requested not new privileges, but the confirmation of ancient rights.
Pepin granted these rights to the Jews, notably that of hereditary allodial
tenure. This hypothesis is strengthened by a letter of Pope Stephen 111 (768-
77~) to Bishop Aribert of Narbonne. 1 The pope deplores the confirmation which
has been made by certain kings of the right of the Jews to possess hereditary
domains. These kings are not named, but it is clear that Stephen refers to
Pepin the Short, Carloman, and Charlemagne. Stephen suggests that this
privilege be revoked.
1 Stephen, Ep., !l (Mansi, XVIII, 177-178; PL., CXXIX, 857; Jalf, &guta, 1, i88, No. iS89 (ISSO)J.
APPENDIX IV
NAMES
A STUDY of the names borne by the Jews of Spain and Gaul is of interest in
determining several problems. We learn that many of the Jews of the Diaspora
adopted the customs of the people among whom they lived. By changing their
distinctive Hebrew names for na.mes more common among Christians many
Jews gradually became more assimilated into the Christian milieu and lost a.t
least one chara.cteristic of their particularism. At the same time other Jews
preserved the traditional Hebrew names, although very often they were unaware
of the origin or meaning. Still others compromised by tra.nsla.ting a Hebrew
name into Greek or Latn.
In this account no nttempt will be made to trace the origin of every name.
For the etymology of the Hebrew and Latn names there exists an extensive
literature. 1
a) Hebrew Names
l. Abraham Formulae imperiales, 52 (MGH., Form., p. 3'l5)].
2. David [Einhard, Translatio et miracula SS. Marcellini et Petri, IV, S
(MGH., SS., xv, 1, 257); Formulae imperiales, 81 (MGH.,
Form., p. 810)].
3. Isaac [Scholion in L. Ramirez de Prado, Luitprandi Cremonensis
episcopi opera (Antwerp, 1640), p. 524; Einhardi annales, a.
801 (MGH., SS., I, 190)].
4. Jacob [Charter in M. Bouquet, Recueil des historiens des Gaules et dela
France, (Pars, 1867), VI, 624, No. 282].
5. Jonah [lnscription at Auch).
6. Jonathan [Vita S. Pauli, c. S-5 (Analecta Bollandiana, XI (1892), 377-
379)).
7. Joseph [Scholion cited in No. 8; Formulae imperiales, 31 (MGH.,
Form., p. 810)].
8. Machir [Abraham ibn Daud, Sejer ha-Kabbalah, in Neubauer,
M ediaeval J ewish Chronicles, 1, 82).
9. Meir [Inscription at Arles].
10. Nephtali [Scholion cited in No. S].
11. Samuel [A 'Levi Sa.muel' is mentioned in the scholion cited in No. S.
The 'Levi' refers to his priestly caste. lnscriptions at Merida.
and Vienne; Formulae imperiales, SO (MGH., Form., p. 809)].
1 T. NBldeke and Gray, 'Names,' Enc:yclapedia Biblica, m (1002), 8264-SSSS; Th. Mommsen,
IWmcM Forachungen (Berlin, 1864), 1, 1-68; W. Schulze, 'Zur Geschichte lateinischer Eigennamen,'
Abhandlungen der kiiniglichen Geaellachaft der Wiaaenachaften zu Giittingen, Phil.-hist. Klasse, N. F.,
V, 5 (BerJin, 1904).
16S
l~. Simeon [lnscription at Merida].

IS. Solomon [lnscription at Adra; Geata Dagoberti, c. SS (MGH., Script
Meroo., n, 41S)].
b) Adaptations from Hebrew N ames

l. Aster possibly equivalent to Esther. [Ring at Bordeaux].
~. {~::tus
probably derived f rom J acob; compare the modern French
Jacquot. [Ponton d'Amcourt, Essai sur la numi-:nnatique
mrot>ingienne (Paris, 1864), pp. 51, 68, 184, 189].
8. Iudantius the Hebrew niin, , Judah, latinized by the ending -antiu.s.
[lnscription at Tortosa].
4. {lus
Iuse
probably equivalent to lose or Joseph. [Pon ton d'Amcourt,
op. cit., p. 112].
5. Jamnus the variant reading for Nostamnus [Gregory, Ep., IX, 40] may
be from the Hebrew rUtl\ iamnus, 'happiness.'
6. Ose probably equivalent to Osea or Hosea. [Ponton d'Amcourt,
op. cit., p. 83].
7. Sedechias equivalent to Zedekiah. [Hincmari Remenm annales, a. 877
(MGH., SS., 1, 504)].
e) Translations of Hebrew Names

l. Dulciorella derived from dukis and is probably a translation of ,t:l~'l,
Naomi. [lnscription at Narbonne].
2. Gaudiocus a translation of the Hebrew Isaac; as are Hilarus, ra:uaEY't't~,
rEA.a:cn~. [Charter in Bouquet, cited in a, 4].
S. Justus a translation of the Hebrew piii, Zadok. [lnscriptions at
Narbonne and Vienne].
4. Kalonymus of uncertain origin, possibly a translation of the Hebrew .:mo Cfi1,
Shem Tob, 'good name,' in Latin Cleonymm and in Greek
KA.&:ivu.o~. [Joseph ha-Kohen, 'Emelc ha-Bakah].
5. Meliosa like Dukitia, an equivalent of Naomi, oran indirect translation
of nii:l1, Deborah, 'bee.' [lnscription at Tortosa].
6. Paragorus from the Hebrew ,,,.l,1El, Parigori, a translation of Cnltl,
Menachem, 'the consoler.' [lnscription at Narbonne].
7. Theodore from the Hebrew Nathan or Jonathan, 'gift of God.' [Severus,
Ep. de Judaeis, PL., xx, 733-734].
8. Vivacius a translation of the Hebrew c,,n, l;layyim, 'life.' [Charter
in Bouquet, cited in a, 4.].
d) Ro man N ames
l. Amantius [Venantius Fortunatus, Vita S. Germani, c. 64 (MGH., AA.,
IV,~. ~4)].
2. Armentarius [Gregory of Tours, H.F., VII, 28 (MGH., Script. Meroo., 1, S05)].
S. Arthemisia [Severus, Ep. de Judaeis (PL., xx, 744)].
Appendix IV-Names 165
4. Basilius [Gregory, Ep., IX, 104).

5. Caecilianus [Severus, Ep. de Judaeis (PL., xx, 741)).
6. Florinus [Idem].
7. Innocentus [Severus, Ep. de Judaeis (PL., xx, 740)].
8. Julius [Alcuin, Ep., 172 (MGH., Ep. 1v, 285)).
9. Lectorius [Severus, Ep. de Judaeis (PL., xx, 744)).
10. Matrona (lnscription at Narbonne].
11. Meletius [Severus, Ep. de Judaeis (PL., xx, 744)).
12. Priscus [Gregory of Tours, H.F., VI, 5 (MGH., Sc-ript. Merov., I, 247)).
IS. Telesinus [Gelasius, Ep. (Mansi, vm, 181; PL., LIX, 146)).
e) Names of Uncertain Origin

l. Bennid Sax:on(?), supra, p. 158. (lnscription at Auch].
2. Domatus Latn domat.wt or Illyrian domaror. See V. de Vit, Totim
latinitatis onomasticon, a.v. [Formulae imperiales, SO (MGH.,
Form., p. 809)).
S. Gozolas German origin, Giry, Manuel de diplomatique (Paris, 1894), p.
854. [Sidonius Apollinaris, Ep., m, 4 and IV, 5 (MGH., AA.,
VIII, 48 and 57)). See Einhard, Ep., 68 (MGH., Ep., v, 148),
for the name Gozzilo.
4. Mammona Oriental origin, from the Syrian word for riches. See V. de Vit,
Onomasticon, s.v. [Venantius Fortunatus, Vita S. Germani,
c. 62 (MGH., AA., IV, 2, 24)].
5. Nasas Germanic (?). (Gregory, Ep., m, 87].
6. Phatir Germanic (?). [Gregory of Tours, H.F., VI, 17 (MGH., Sc-ript.
Merov., 1, 259)].
7. Sapaudus Celtic, Giry, op. c-it., p. 858. [lnscription at Narbonne].
8. Sigericus Germanic. [Venantius Fortunatus, loe. c-it.].
f) Change of N ame
Jews often changed their names when they were converted to Christianity.
l. Promotus [Sidonius Apollinaris, Ep., VIII, 13 (MGH., AA., VIII, 144)).
2. Restitutus [ldalius, Ep. (PL., XCVI, 458)]. F. Dahn, Die Konige der
Germanen (WUrzburg, 1870), v, 216, n. 8, suggests that there is
a play on the name, and the Jew must have been baptized.
But S. Cassel, 'Zur Wissenschaft der Juden,' Z.fr die religwsen
lnteressen des Judentuma, m (1846), 280, n. l., sees no such
meaning. If there is a question of baptism or restitution from
which is derived the name Reatitutus, the conclusion of Idalius'
letter would seem to contradict this, for he speaks of 'infidus et
a cultu fidei alienus.' Cassel believes that Idalius merely
wished to show his learning. He translated the name of the
man into Latin and so made a play on words, 'nomine resti-
tutus,' 'restored in name, but not in fact.' The original may be
c~itt'c, Miahalom.
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!l. BrnLIOGRAPHICAL Ams, ENCYCLOPEDIAS, AND LEXICA

Chevalier, Ulysse, Rpertoire des aourcea hiatoriques du moyen-dge: bio-bibliog-
raphie (!ld ed., 2 vols., Paris, 1905-1907).
Rpertoire des sourcea hiatoriquea du moyen-ge: topo-bibliographie (i vols.,
Paris, 1894--1908).
(These invaluable guides lo the special literature on persons and places
in the Middle Ages are difficult to use because no atlempt has been
made lo discrimina.le critically among the mass of references.)
Friedus, A. S., 'List of works in the New York Public Library relating to the
history and condition of the Jews in various countries,' Bulletin of the New
York Publie Library, xvn (1918), 587-586; 611-664; 713-764; 781-884.
(This comprehensive list comprises about 4500 works relating to the

history and condition of the Jews in various countries. The importance
of the catalogue les not so much in recording books and large works,
but in registering many rare reprints and separates. There is an
adequate system of cross-references.)
Paetow, Louis J., A Guide to the Study of Mediet'al History (Revised edition
prepared under the auspices of the Mediaeval Academy of America, New
York, 1981).
(The best general bibliography of mediaeval history. The bibliography
of Jewish history, necessarily limited by considerations of space, is of
little use.)
Potthast, August, Bibliotheca historica medii aevi (~ ed., !t vols., Berlin, 1896).
(Primarily a bibliography of mediaeval chronicles and biographies;
the various editions, translations, and the critical literature are indi-
cated in each case.)
a
Schwab, Moise, Rpertaire des articles relatijs l'histoire et ci la littbature juit1es,
parus dan.s les priodiques, de 1665 a 1900 (Paris, 1914-19~).
(A cryptic system of abbreviation which is nowhere explained renders
this complete list almost useless.)
Dictionnaire d'archologie chrtienne et de liturgie, ed. F. Cabro} and H. Leclercq
(Paris, 1907 ff.; not completed).
(A very important work, but too often the articles depend upon mono-
graphs which are now antiquated.)
Dictionnaire de thologie catholique, ed. A. Vacant, E. Mangenot, E. Amann
(Paris, 1909 ff.; not completed).
(A helpful work of reference; reservations must be made for its dis-
tinctly Catholic point of view.)
DuCange, Charles, Glossarium mediae et intimae latinitatis (New ed., 10 vols.,
Niort, 1888-1887).
Encyclopaedia Judaica, Das Judentum in Geschichte und Gegenwart, ed. Jakob
Klatzkin (9 vols. published, Berlin, 19~8-19S!l; 15 vols. to appear).
(The value of the articles varies. Those on the Bible and Talmud are
especially good. The historical studies are brief and generally in-
adequate.)
Gams, Pius Boniface, Series epiacoporum ecclesiae catholicae, quotquot innotuerunt
a Beato Petro Apoatolo (Ratisbon, 1878).
Hamburger, J., Real Encycl.-Opiidie des Judentums (S vols. and supplements,
Leipzig, 1896-1900).
(An important guide for the study of the Bible and the Talmud.)
Jaff, Philipp, Regeata pontificum romanorum, ab condita ecclesiae ad annum poat
Chriatum natum 1198 (~ ed., 2 vols., Leipzig, 1885-1888).
Jewish Encyclopedia, ed. Isidore Singer (l!l vols., New York, 1901-1906).
(Although in sorne respects it has been superseded by the Encyclopaedia
Judaica, the Jewish Encyclopedia remains the best source of infonnation
Bibliographies 171
for any subject appertaining to the Jews. The bihliographies are

generally good.)
Kohut, Alexander, Aruch completum, sfre lexicon vocabula et res, quae in libris
Targumicis, Talmudicis et Midraschicis continentur, explicans auctore
Nathanefilio Jechielis, 1 (Vienna, 1878).
Levy, Jacob, Neuhebriiisches und Chaldiiisches Warterbuch ber die Talmudim und
Midraschim, 1 (Leipzig, 1876).
Smith, W., and Cheetham, S., A Dictionary of Christian Antiquities ('l vols.,
London, 1876-1880).
(Now being superseded by the DACL.)
Smith, W., and Wace, H., A Dictionary of Christian Biography, Literature, Sects,
and Doctrines (4 vols., London, 1877-1887).
(This is still the most complete and best patristic biographical work
in English. Many of the articles need revision because of later re-
searches. In large measure Bardenhewer, Otto, Geschfrht,e der alt-
kirchlichen Literatur, Freiburg i/B., 1913 ff., has taken its place.)
8. SECONDARY WORKS
(Since complete bibliographical data have been provided in the notes, the
separate compilation of a long list of tilles would be of no additional value.
This select bibliography of secondary works includes only the most import-
ant titles.)
A bel, Sigurd, J ahrbcher des friinkischen Reiches unter Karl dem Groasen. Bd. I:
768-788 A.D. ('ld ed. by Bernhard Simson, Leipzig, 1888); Bd. 11: 789-814
(ed. Simson, Leipzig, 1888), in Jahrbcher der deutschen Geschichte.
(This is the most complete account of the reign of Charlemagne. lt is
intended to be a compilation in which the principal events of bis reign
are presented in a strictly chronological order. The treatment is
almost wholly factual.)
Amador de los Rios, Jos, Historia social, poltica y religiosa de los Judos de
Espaa y Portugal (S vols., Madrid, 1875-1876).
(The author is interested chiefly in the constitutional history of the
Jews, and bis work from this point of view is well done. He does not,
however, use Hebrew or Jewish sources.)
Aronius, Julius, &gesten zur Geschicht,e der Juden im friinkischen und deutschen
Reiche bis zum Jahre 1273. Bearbeitet unter Mitwirkung von Albert
Dresdner und Ludwig Lewinski (Berlin, 190'l).
(Extracts are given from each of the sources for the history of the Jews
in Gaul to A.D. 850. A helpful commentary with references to modern
works follows each extract.)
Baer, Fritz, Unter1UChungen ber Quellen und Kompoai.tion des Schebet Jehuda
(Veroffentlichungen der Akademie ftlr die Wissenschaft des Judentums,
Hist. Sekt. 11, Berlin, 19'l8).
(This is a work of fundamental importance for a proper understanding
of the Jewish historian ibn Verga.)
172 The Jewa in the Kingdoms of Spain and Gaul
Ballesteros y Beretta, Antonio, Historiad.e Espaa y su influencia en la hiatoria

universal, 1 (Barcelona, 1919).
(Supersedes ali other histories of Spain. The chapter on the Jews in
Visigothic Spain is too general to be of much use, but the comprehensive
bibliography is helpful, especially for its references to works written
in Spanish.)
Boretius, Alfred, Bdtriige zur Capitularienkritik (Leipzig, 1874).
(Although in sorne respects antiquated, this work is indispensable for a
proper understanding of the Carolingian capitularies which Boretius
himself edited.)
Brann, Marcus, and Freimann, Aron, Germana Judaica, Bd. 1, 1 (Von den
altesten Zeiten bis 1238), A-L (Schriften herausgegeben von der Gesell-
schaft zur F0rderung der Wissenschaft des Judentums, Frankfurt a/M.,
1917).
(A geographical dictionary of German-Jewish history, which to sorne
extent duplicates Aronius, q.v. For the purposes of this study only
the article 'Coln a/Rh.' proved of value.)
Brunner, Heinrich, Deutsche Rechtsgeschichte (2d ed., 2 vols., Leipzig, 1906-1928;
Vol. n revised by Claudius Freiherrn von Schwerin).
(This comprehensive and erudite work must often be read with caution
because of Brunner's predilection for minimizing the influence of
Roman institutions.)
Caro, Georg, Sozial- und Wirt3chaft.sgeschichte der Juden im Mittelalter und der
N euzeit. Bd. I: Das frhere und das hohe Mittelalter (2d ed., Leipzig, 1924);
Bd. 11: Das splitere Mittelalter (Leipzig, 1920).
(Although it is the most complete study of the social and economic
history of the Jews, Caro is far from satisfactory. The treatment is very
often superficial; it is insufficiently documented, and it is difficult to
trace the sources for many of the statements which the author makes.)
Cassel, Selig (Paulus), 'Juden (Geschichte),' Allgemeine Encyclopiidie der
Wiasenschaften und Knste, herausgegeben von J. S. Ersch and J. G. Gruber,
Sekt. 11, Vol. XXVII (Leipzig, 1850), 1-288.
(Although written before the history of the Jews was studied scientifi-
cally, this long article is still a very valuable general account. The
erudite footnotes testify to Cassel's use of every available source for
bis study.)
Conrat (Cohn), Max, Geschichte der Quellen und Literatur des riimischen Rechts im
frheren Mittelalter, 1 (Leipzig, 1891).
(A discussion of the origin of laws in the Middle Ages and the 'Ueber-
lieferung' of Roman law.)
Breuiarium Alaricianum. &m.ches Recht im friinkiachen &ich in ayatem-
atischer Darstellung (Leipzig, 1908).
(A systematic treatment of the Breviarium. Conrat refers each law to
the corresponding Roman law and gives a translation into German.
Thus it supplements Haenel, Lex Romana Visigothorum, q.v.)
Bibliographies 178
Dahn, Felix, Die Konige der Germanen, Vols. v-vm (Wrzburg and Leipzig,
1870-1899).
(The most complete history of the Germanic peoples from the beginning
of the migrations to the dissolution of the Carolingian empire. Most
of the emphasis in this distinguished work is placed upon institutions.
The work is marred by uncompromising opinions. Dahn is critica! of
the Catholic Church in Spain and is inclined to trace the evils in
the Visigothic kingdom to its influence.)
Westgothische Studien (Wrzburg, 1874).
(The only systematic presentation and criticism of Visigothic law,
both civil and criminal, is to be found in this work of Dahn and in
Urea y Smenjaud, La legislaci6n, q.v.)
Dale, Alfred W. W., The Synod of Elvira and Christian Lije in the Fourth Century
(London, 1882).
(The narrative portions are of little value. An appendix which contains
all the canons of the Council of Elvira is of sorne use, although the
canons can also be found in Mansi.)
Devic, C., and Vaissette, J., Histofre gnrale de Languedoc (5 vols., Pars,
1780-1745; new ed. by Edouard Privat, 16 vols., Toulouse, 1872-1905).
(This monumental work is one of the best of the Benedictine historical
enterprises. The revised edition presents much new material.)
Dill, Samuel, Roman Society in the Jf erovingian Age (London, 1926).
(A readable and informative introduction to the writings of Gregory of
Tours. For the history of the Jews in Merovingian Gaul it ofiers little
that cannot be found in the text of Gregory. Unfortunately Dill did
not give consideration to recent critical studies on the period.)
Dopsch, Alfons, Die Wirtschaftsentwiclcelung der Karolingerzeit (~ ed., 'l vols.,
Weimar, 1921-1922).
(Dopsch brings forward many new theories for the economic history
of the Carolingian period, ali of them ingenious, not ali satisfactory.)
Wirtschaftliche und soziale Grundlagen der Europaischen Kulturentwicldung
aus der Zeit von Caesar bis auf Karl den Groasen ('l vols., 1, 2d ed., Vienna,
1928; 11, Vienna, 1920).
(Highly suggestive, but not always sound. The material on the Jews
is scanty.)
'Wirtschaft und Gesellschaft im frUhen Mittelalter,' Tijdschrift voor Rechts-
geachiedenis, XI (1982), 859-484.
(This article answers the various objections made by critics of his
work. In sorne instances if ofiers supplernentary material.)
Dubnow, Si.mon, Weltgeschichte des jdischen Volkes von seinen Uranfangen bis
zur Gegenwart. 1v: Das frhere Mittelalter (Berlin, 1926).
(The most complete and authoritative history of the Jews. Very full
and useful, but ill-arranged, bibliographical notes.)
Fernandez y Gonzalez, D. Francisco, Instituciones jurlicaa del pueblo de Iarael
en loa diferentes estados de la pennsula ibrica. Tomo 1 (no other published) :
lntroduccion histrico-critica. (Bibliotheca juridica de autores espaoles,

x), (Madrid, 1881).
(In spite of its pretentious title, this work contains nothing original.
The documentation is exceedingly poor.)
Gams, Pius B., Die Kirchengeschichte von Spanien (8 vols. in 5, Regensburg,
1862-1879).
(Unsatisfactory in many respects, but still the standard ecclesiastical
history of Spain. For the period to the end of the Visigothic kingdom
it is now superseded by Garca Villada, q.v.)
Garcia Villada, Zacarias, Historia eclesistica de Espaa (2 vols. in 8 parts
published to date, Madrid, 1929-1982).
(Eventually this definitive work will supersede Gams. It is readable,
suggestive, and scholarly. The chapter on the Jews in Visigothic Spain
presents no new material, but it is an accurate summary. This chapter
was published separately, 'La cuestin juda durante le poca visi-
gtica,' Raz6n y Fe, Revista Mensool Hispano-Americana, xc1x (1982),
145-162.)
Grres, Franz, 'Konig Rekared und das Judentum (586-601),' ZWTh., XL
(1897), 284-296.
'Das Judentum im westgotischen Spanien von Konig Sisibut bis Roderich
(612-711),' ZWTh., XLVIII (1905), 358-861.
(lt is necessary to point out that the titles of Gorres' articles in ZWTh.
are generally misleading. The articles themselves are of slight value;
they are neither critical nor accurate.)
Gractz, Heinrich, Geschichte der Juden von den iiltesten Zeiten bis auf die Gegenwart
(4th ed., 11 vols., Bearbeitet von S. Eppenstein, Leipzig, 1906-1909).
(Vol. v (1909): Geschichte der Juden vom Abschluss des Talmuds (500) bis
zum AufblUhen der jUdisch-spanischen Kultur (1027)).
(Graetz superseded all former works of its kind, notably that of Jost.
He performed bis task with consummate skill, but his history is justly
open to the charge of subjectivity. The work is full of purely arbitra.ry
statements. The impossibility of mastering all the details made
Graetz inaccurate in many instances.)
'Die westgothische Gesetzgebung in Betreff der Juden,' Jahresbericht des
jdisch-theologischen Seminars, 'Fraenckelscher Stiftung' (Breslau, 1858).
(This monograph entirely ignores the Jews of the Arian period and is
only a rsum of the laws of the Catholic period. Many of Graetz'
hypotheses about the origin of these laws have now been definitely
established by Zeumer in his edition of the Leges Visigothorum.)
Gross, Heinrich, GaUia Judaica. Dictionnaire gographique de la France
d'apres les sources rabbiniques, traduit par Morse Bloch, Publications de
la Socit des tudes juives (Pars, 1897).
(A geographical dictionary, mainly important for literary history. It
is a distinguished work, but the documentation is based upon anti-
quated editions of the sources.)
Bibliographies 175
Hahn, Bruno, Die wirtschaftliche Tiitigkeit der Juden imfrii.nkischen und deutschen
Reich bis zum 2. Kreuzzug (Freiburg i/B., 1911).
(A critica} account of the economic activity of the Jews. But it is
insufficiently documented and relies mainly upon Aronius' (q.v.) com-
pilation of the sources.)
Halphen. Louis, ~tudes critiques sur l'histoire de Charlemagne (Paris, 19~1).
(Eight studies, of which four deal with the criticism of the sources.
This is a significant contribution to the study of Charlemagne. The
discussion of the sources disproves the old theories concerning Einhard
and the authorship of the Annales.)
Hefele, Carl Joseph von, Conciliengeschichte (~d ed., 6 vols., Freiburg i/B., 1878-
1890; continued by J. A. C. Hergenriither, Vols. vm-1x, 1887-1890).
Histoire des conciles. Nouvelle traduction fram;aise faite par H. Leclercq
sur la deuxieme dition allemande corrige et augmente de notes critiques
et bibliographiques (8 vols., Paris, 1907-19~1).
(The classic history of the church councils. Hefelc presents in detail
the circumstanccs under which the severa} councils mct, gives the
text of their canons and a commentary. The translation by Leclercq
provides much additional material.)
Heyd, W., Histoire du commerce du Levant au moyen-dge (!l vols., Leipzig, 1885-
1886; anastatic reprint, 19~8).
(The outstanding work on the subject; upon it all subsequent studies in
the field must be based. The material on the Jews in the early Middle
Ages is very scanty; not ali the available sources are used.)
Juster, Jean, Les Juifs dans l'empire romain (!l vols., Paris, 1914).
(An example of thorough and indefatigable scholarship; now the
standard authority upon Jewish institutions in the early centuries of
the Christian era. It is a study of the legal, economic, and social
conditions of the Jews in the Roman Empire. Juster's work is a
remarkable contribution to the knowledge of Roman law and the
developrnent of European civilization. For the background of the
legal condition of the Jews it is indispensable. The section on the
economic condition of the Jews is not exhaustive, yet here too there is a
large amount of important material. lt should be noted that Juster
was unable to supply an index as he had planned; consequently it is
exceedingly difficult to make use of bis work.)
'La condition lgale des Juifs sous les rois visigoths,' ~tudea d'histoire
a
juridiques o.f!ertes Paul-FrMric Girard (Pars, 1913), 11, !l75-SS5.
(Within its limits a careful study. Social history and economic history
are almost completely ignored, although in part this is dueto a paucity
of sources. The account of the legal condition of the Jews is entirely
satisfactory, and of prime importance.)
Lvi, Israel, Histoire des Juifs de France. 1: Des origines au xe siecle (Paris,
1908).
(The best available general account, well-documented and accurate.)
'France,' JE., VI, 442-466.

(An abridged translation of his Histoire des Juifs de France.)
Lindo, E. H., The History oj the Jewa of Spain and Portugal (London, 1848).
(The historical account is worthless; the book is valuable only for the
translation of the laws concerning the Jews.)
Loeb, lsidore, 'Josef Haccohen et les chroniqueurs juifs,' REJ., XVI (1888),
28-56; 211-285; XVII (1888), 74-95; 247-271.
(An important contribution to the study of the Jewish historians of the
fifteenth and sixteenth centuries. To sorne extent these articles have
been superseded by the definitive work of Baer, q.v.)
Manitius, Max, Geschichte der lateinischen Literatur des Miitelaers. 1: Von
Justinian bis zur Mitte des zehnten Jahrhunderts, Handbuch der klassischen
Altertumswissenschaft, IX, 2, 1 (Munich, 1911).
(The first scientific attempt to <leal on a comprehensive scale with
mediaeval Latin literature. The bibliographical references are very
complete.)
Mommsen, Theodor, Romisches Strajrecht (Leipzig, 1899).
(This is the classic work on Roman criminal law. The account of the
Jews is short, but accurate. For a detailed treatment of the status of
the Jews in Roman criminal law one must read Juster, Lu Juifs dana
l'empire romain.)
Newman, Louis l., Jewiah lnfluence on Christian Reform Mooements, Columbia
University Oriental Series, XXIII (New York, 1925).
(The book deals mainly with the heretical movemeuts of the later
Middle Ages. But the extensive bibliographical references in the
footnotes are of assistance to the student of the early Middle Ages.)
Parkes, James, The Conflict of the Church and the Synagogue (London, 1984).
(An interesting study of the relations of Christians and Jews in the
Roman Empire, under the barbarian kings, and in the Byzantine
Empire. In the main the sources are objectively considered; occasion-
ally the evidence <loes not support the author's hypotheses. More
detailed references, especially to the Acta Sanctorum, would be an
improvemen t.)
Prez Pujo}, Eduardo, Historia de las instituciones sociales de la Espaa goda
(4 vols., Valencia, 1896).
(lncludes the political, social, and institutional history of Visigothic
Spain. In large measure it supersedes the Visigothic portions of
Dahn, Die Konige der Germanen. In contrast to Dahn, the author is
sympathetic to the Catholic church in Spain.)
Rgn, Jean, 'Etude sur la condition des Juifs de Narbonne du ve au XI~ siecle,'
REJ., LV (1908), 1-47; 221-248. (Reprinted under the same title with an
introduction, which contains a useful bibliography, andan index, Narbonne,
1912).
(The author does not make use of all the available sources, but he has
written a readable and accurate summary.)
Bibliographies 177
\J Roth, Cecil, 'The Jews in the Middle Ages,' The Cambridge Medieval Histmy
(Cambridge, 1982), VII, 682-668; Bibliography, pp. 987-948.
(An excellent brief account. The bibliography is invaluable, including
as it does the most recent books.)
Saaveclra, Eduardo, Estudio sobre la invasin de los rabes en Espaa (Madrid,
1892).
(A careful reconstruction of the history of the period. The account of
the participation of the Jews in the invasion is accurate.)
Scherer, J. E., Beitriige zur Geschichte des Judenrecles im M ittelalter mit besonderer
Bedachtnahme auj die Lander der oaterreichisch-ungarischen Monarchie.
1: Die Rechtsverhaltnisse der Juden in den deutsch-osterreichischen Landern
(Leipzig, 1901).
(An outstanding contribution to the study of the legal condition
of the Jews. The author's theories, while not always sound, are
suggestive.)
Schipper, lgnaz, Anfange des Kapitalismus bei den abendlandischen Juden im
frheren Mittelalter,' Z. fr Volkswirtschaft, Sozialpolitik und V erwaltung,
XV (1906), 501-565.
(Not very original, but useful. Mainly a collection of the sources to
prove that there was no 'spezifisch jdische Handelsgeist' in the early
Middle Ages.)
Schwab, MoYse, 'Rapport sur les inscriptions hbraiques de la France,' Nouvelles
archives des missions scientifiques et littraires, XII (1904), 148-402.
'Rapport sur les inscriptions hbralques de l'Espagne,' Nouvelles archives des
missions scientifiques et littbaires, XIV (1907), 229-421, and plates.
(The only complete collections of Hebrew inscriptions f or France and
Spain. The editor includes the readings and commentaries of various
earlier investigators. In sorne cases Latn texts are included.)
Simson, Bernhard, Jahrbcher desfriinkischen Reichs unter Ludwig dem Frommen
(Jahrbcher der deutschen Geschichte) (2 vols., Leipzig, 1874-1876).
(An exhaustive compilation of all the events of importance, critically
examined and tersely narrated. The arrangement of matter is by
years and the treatment is almost wholly factual.)
Urea y Smenjaud, Rafael de, La legislacin g6tico-hispana (Madrid, 1905).
(With Dahn, Westgothische Studien, the only exhaustive study of
Visigothic law. Complete bibliographical references are supplied.)
Waitz, Georg, Deutsche V erfasaungsgeschichte (Sd ed., 4 vols., Berlin, 1880-1885).
(As a historian of German institutions Waitz was without equal.
This is still the standard history of German institutions. The account
of the legal condition of the Jews is generally accurate.)
Wiegand, Friedrich, 'Agobard von Lyon und die Judenfrage,' Festschrift . . .
Luitpold von Bayem . . . , dargebracht von der Universitat Erlangen
(Erlangen, 1901). 1: Theologische Fakultat, pp. 221-250.
(The best of the many monographs on Agobard and the Jews. Unfor-
178 The J ews in the K ingdoms of Spain and Gaul
tunately Wiegand <loes not discuss the possible relations of Agobard

with Jewish scholars.)
Ziegler, Aloysius, Church and State in VUigothic Spain (Washington, D. C.,
1930).
(The section on the Jews adds no new material, but is a good general
summary.)
ADDENDA
Torres, M., Lecciones de historia del dereclw espaol (!l vols., Salamanca, 1985),
reached me when the present study was already in type. For the history
of the Jews in the Visigothic kingdom (11, 108-109, 194-~00) Torres ofJers
neither new materials nor a new interpretation. As a survey of Visigothic
law the work will, however, be found a useful supplement and corrective to
Dahn, Westgothiscke Studien, and Urea y Smenjaud, La legialaci6n, q. ti.
A work which will henceforth be indispensable for the study of Jewish history
appeared too late for use in the present volume. J. B. Frey, Corpus in-
acriptionum judaicarum, Receu des inscriptions juives qui vont du 111
aiecle avant Jsua-Chriat au v11 aiecle de notre ere, 1, Europe (Rome, 1986),
474-484, offers in sorne cases va.riant readings for the inscriptions discussed
above, Appendix I, lnscriptions.
INDEX 1
Aacben (Aix-la-Cbapelle), Jews at, 129. Britain, 5, 120, 182.
Abrabam, Jew of Saragossa, 87, 102, 111, IS2, Brunhild, Merovingian queen, 101.
I6S.
Adoniram, tax-collector of Solomon, 5, 144 fJ. Cabalah, 66-68.
Adra, Jews at, lS, 1'1. Caecilianus, Jew of Minorca, 80, 119, 121, 165.
Agde, Council of, 2S(S), SO, 52, 55, 115. Caesarius, bishop of Arles, SO, !!2-SS, S7, 44,
Agobard, bisbop of Lyons, 26-27, 29, SS-89, 54, 114-115.
lS.5-56, 61, 62-68, 65 ff., 74, 87(2), 91, 101, Canon Law, IS, SO(i), 52, 74(4), 101.
102, 109, 112. ns. 126, 129, 1s1. Capitularies, Carolingian, 29, 5S, 85, 86, 91, 92,
Akiba, Otiot, 66-68. 102, 105, 108, 109, 111, llS, 123, 129,
Alaric II, Visigothic king, 10, 48, 59, 75, 82-BS, ISO, 185, 187.
98, 114-115, 118. Carloman, 91, 102, 162.
Albarus, Paulus, bishop of Cordova, 27, 40--41, Cartagena, Jews at, 4.
45-46, 69. Cassiodorus, S(4), 82, 106, 115.
Alcuin, 38, 65. Cautinus, bisbop of Clermont, 24, l!l7.
Amantius, baptized Jew, 24, 49(7), 107, 164. ChA.lons, Coundl of, 101 ; Jews at, 27, 122-123.
Amulo, bishop of Lyons, 27, 29, 89-40, 45(5, 7), Charlemagne, 29, SS, 53, 6S, 65, 68, 76, 92, 102,
46, 54, 50, 61, 63, 08, 87, 91, 96, 102, 112, 110, 111, ns. 111. 121, 130, 13il, 13S,
122, 126, 129. 1S7, 188, 159 ff.
Aribert, bishop of Narbonne, 94, 162. Charles the Bald, 46, 86, ISO, 138.
Arles, Jews at, 6, 27, 32, SS, 44, 62, 114-115, 121, Childebert, Merovinginn king, 28, 53(3), 55, 60.
185-136, 154-155. Chilperi(', Merovingian king, 2fl, 87, 57, 59, 62,
Armentarius, Jewish money-lender, 55, 111, 74, 84, IH, 127, 182.
136-187, 164. Chindaswinth, Visigothic king, 14-15, lfl(4),
Arthemisia, Jewess of Minorca, 120, 164. 4S, 47.
Aster, Jewess of Bordeaux, 155-156, 164. Chintila, Visigothic king, 14, SO, 51, 62, 71, 108.
Auch, Jews at, 62, 152 ff. Chlotar II, Merovingian king, 119.
Aurasius, bishop of Toledo, IS, 34, 75, 81. Chronicles, Carolingian, 12(S, 4), 16(8), 2il(l),
Austremonius, bisbop of Auvergne, 9, 22, 79. 25(7), 26, 45(2, 9), 46, 117, 182, ISS, 188,
Auvergne (see also Clermont), Jews in, SS. 161.
Auxerre, Council of, 5S(S). Clermont, Council of, 90, 119; Jews at, 9, H, !M,
Avignon, Jews at, llS. 7S, 79, 127.
Avi tus, bisbop of Clermont, 24, 49(7), 7S. Clichy, Council of, 44, 49(2), 55, 101, 119.
Cologne, Jews at, 75, 80-81, 94, 120.
Babylonia, 77-78, 160. Concoranis, Jews at, 128.
Bagnilis, Jews at, 95. Cordova, Jews nt, 4.
Balearic Islands, see Magona and Minorca.
Baraita, 62(6). Dagobert, Merovingian king, 12, 25-26, 58, 59,
Basilius, Jewish slave-trader, 97, 165. 84, l!ti, 127.
Bede, 65. Damian, Saint, 26(4).
Bennid, Jew of Auch, 152 ff., 165. Daud, Abraham ibn, 76, 78, 80, 87(2), 160 ff.
Bodo, convert to Judaism, 27, 40-41, 45-46, 69. David, Jew of Julich, 26, 108.
Bordeaux, Jews at, 6, 25, 117, 155-156. David, Jew of Lyons, 87, 102, 111, 163.
Bourges, Jews at, 24, 26, Si, 188. Desiderius, bishop of Vienne, 8.
Braulio, bishop of Saragossa, 14, 65. Dodona, countess of Toulouse, 187.
Brmarium Alaricianum, 10, 10, 4S, 48, 50, 58, Domatus, Jew granted letter patent, 53-.5-1, 81 ,
59, 82-83, 84, 89, 91, 98, 103, 106-107, 86-87, 102, 111, 165.
108. Dulciorella, Jewess of Narbonne, 148 IJ., 16-1.
1 Throughout the index figures refer to pages and footnotes, the latter indicated in parenthcses.
179
Egica, Visigothic king, 20-21, H(l), 51, 59, 89, Honorius l, Pope, 14.
91, 98, 100, 104, 115, 124, 126-127, 182, Hrabanus Maurus, 40, 69-'ZO.
. 187, 148 fJ., 157.
Einhard, 26, 6S, lSS. Jaco, Jew of Viviers, 128, 164.
Elche, Jews at, 62, 7S, 7S-79, 147-148. Iacots, Jew of Orleans, 128, 164.
Eleazar, see Bodo. Idalius, bishop of Barcelona, 20(4), 65, lSl.
Eleutherius, bishop of Tournai, 28, lSI. Ildephonsus, bishop of Toledo, 86, S7, 65.
Eliphius, Saint, of Toul, 9(4). Innocentus, Jew of Minorca, 165.
Elvira, Council of, 5, 54, 88(2), 89, 124, 141. Irenaeus, 8, 64.
Epaon, Council of, 55. Isaac, Jew in service of Charlemagne, 68, lSS,
Erwig, Visigothic king, 17 fJ., 86, 4S, 47, 48, 61, 168.
5S-59, 6-0, 61, 72, 75, 89, 90, 91, 9S, Isaac, Jew of Toledo, 18, 81, 16S.
99-100, 104, 108, 110, IIS-119, 124. Isidore of Seville, 12, S5, 64, 65, 77.
Eufrasius, priest at Clermont, 127. luse, Jew of M&con, 12S, 164.
Farragut, Jewish physician, 1S8. Jacob, Jew of Septimania, 95, 16S.

Ferreolus, hishop of Uz~. 28-H, 66. Jerome, Saint, 6, 7, 77, 120.
Florinus, Jew of Magona, 80, 166. Jonah, Jew of Auch. Hl2 fJ., 168.
Florus of Lyons, 69. Jonathan, Jewish money-lender, 186, 168.
Formulae imperialu. 54, 80, 81, 85, 86-87, 9S, 95, Joseph, Jew of Lyons, 87, 102, 111, 16S.
102, 104-105, 108 ff., 180, IS2. Joseph, Jew of Toledo, 18, 16S.
Fredegar, 12, 25(7). Judantius, Jew of Toledo, 141 ff., 164.
Friaul, Council of, 5S. Julian, bishop of Toledo, 16(8), 17, 20(4), 86-87,
Froga, Spanish count, 84. 77-78, 181.
Julich, Jews at, 26.
Gallus, bishop of Auvergne, SS. Julius, Jew of Pavia, 88, 165.
Gaudiocus, Jew of Septimania, 95, 164. Justus, Jew of Narbonne, 148 fJ., 164.
Gelasius, Pope, 120, IS8. Justus, Jew of Vienne, 155, 164.
Germanus, Saint, 24, 107.
Guta Caroli Magni, 121, 159 ff. Kalonymus, Jew of Mainz, 70, 76, 78, 161, lM.
Gesta Dagoberti, 12(S), 25(7), 26, 122, 127. KhordAdhbeh, ibn, 68, 188 tf.
Gloasa Ordinaria, 69. ha-Kohen, Joseph, 12(5), IS, 26, 75, 76, 161.
Gozolas, Jew in service of Sidonius Apollinaris,
2S, 181, 165. Laodicea, Council of, 54.
Granada, Jews at, 116. Law Codes, Roman, 9, 10, 42, 4S, 44, 47 fl'., 68.
Gregory the Great, Pope, 24, 28, 5S, 70-71, 59, 71, 73, 74, 75, 77 fJ., 88, 98, 94, 96 fl' ..
74(2), 75, 82, 88(7), 92, 94, 97, 98, 101, lOS, 106, 108, 110, 118 ff.
124, 125, 1Sl-1S2. Lectorius, Jew of Minorca, 120, 165.
Gregory of Tours, H, 25, 29, SO, S7, 55, 62, 112, Legea Alamannorum, 90.
122, 127, 128, 1S2, 188. Legea Burgundionum, 118.
Gundcmar, Visigothic king, 11, 98. Legea Vi.tgotkorum, 10, 14 ff., SO, 48, 47, 48. 51.
Gundobad, Burgundian king, 90, llS. 58, 55, 57 ff., 72, 75, 78, 82, 88, 89 ff., 98,
Guntram, .Merovingian king, 58(S), 62, 73-74. 98 ff., 104, 107, 110, 112, 119, 124 ff., 182.
157, 157-158.
Haggadah, 86-S7. Leonastes, archdeacon of Bourges, 188.
Harun al Rashid, 6S, 68, 76, 188, 160. Levi, Joshua ben, Ma'aaeh, 40(2), 68(12).
Hayto, bishop of Basel, 54. Lez Baiwariorum, 90.
Hekalot, 66-67. Lez Romana Burgundionum, 84, 90.
Heraclius, Eastern Roman emperor, 12, 25-26. Lez Romana Curienaia, 88.
Hilary, bishop of Arles, S2, 61. Lez Romana Vi.tgotlwrum, see Breviarium
Hilary of Poitiers, 55. Alaricianum.
Hilderic, governor of Nlmes, 16-17, 114, 121. Liuwa 11, Visigothic king, 11, 98.
Hia>erica Famina, 65. Lombards, 26(4).
lndex 181
Lothar, Carolingian king, 'l7(3), 92, l'l9(9). Pars, Councils of, i5, 49(8), 54, 119; Jews at,
Louis the Pious, 27(8), 45-46, 5S-54, 74, 81, 26, 74, lii. 127.
85 ff., 98, 95, lOi, 104-105, 108 11'., li9- Paul, bishop of St Paul-Trois-ChAteaux, 28, 1S6.
1SO, lSi. Paul, Visigothic general, 16-17.
Lucius, Jew ol Clermont, i~. Pepin the Sbort, 162.
Lupus, priest at Bordeaux, i5. Phatir, baptized Jew, i5, ll'l, 122, 165.
Lyons, Council of, 89; Jews at, 6 ff., 26-27, l'laca, 14, 15, so, 50-51, 60(7), 62, 71, 107.
88-89, 6i ff., 75, 87, 102, JI)!), 111, 119(2), Poitiers, Jews at, 55.
129, 186. Priscus, Jew of Pars, i5, S7, 57, 6t, 74, llt,
lii-128, 127, 182, 165.
Machir, Jew ol Narbonne, 80, 160 lf., 168. Promotus, baptized Jew, 28, 181, 165.
MAcon, Council ol, 44, 49, 55, 60, 100--101, 103, Prudentius, Aurelius, S4.
ns, 119, lil-122, 127; Jews at, i7,
100(6), 128. Recared, Visigothic king, 11, 16(4), 47, 48, 76,
Magona (see also Minorca), Jews at, !tS, 71, 78, 89, 98.
74(8), 80, 118. Receswinth, Visigothic king, 15 ff., 18, 19, 43,
Mainz. Jews al, 70, 76, 161. 47, 48, 51, 68, 6<Hll, 88, 89, 90, 99, 107,
Mammona, Jewess o( Bourges, IU, 165. 108, 110, 118, 157-158.
Marseilles, Jews at, IU, 25, 28, li5, 181, lS!l, Restitutus, Jew in service of J ulian of Toledo,
186, 144. 20(4), 65, 181, 165.
Masona, Saint, 28(5). Rheims, Council of, 44, 49(2), 55, 101, llS, 119.
Matrona, Jewess ol Narbonne, 148 tf., 165. Richulf, bishop of Mainz, 188.
Meaux, Council ol, 89-40, 50(8), 60, 91, 102, Rustirula, abbesa al Arles, 83.
119, lH.
Meir, Jew ol Arles, lM-155, 168. 8aguntum, see Murviedro.
Meletius, Jew of Minorca, 98, 120, lt4, 165. Ste Colombe, Jews at (?), 151-162.
Meliosa, Jewess of Tortosa, Ul ff., 164. St Paul-Trois-Chlteaux, Jews at, 28, 1S6.
M rida, Jews at, 28(6), 81, 146. Samuel. Jew at Merida, 81, 146, 168.
Midrash, S ff., 89, 77. Samuel, Jew granted letter patent, 5S-54, 87,
Minorca (see also Magona), Jews at, 28, Si, SS, 1Oi, 111, 168.
62, 79, 98, 119, HO, 121, 124. Samuel. Jew of Toledo, 84, 81, 163.
Mishnah, 85, 62, 71. Samuel. Jew of Vienne, 155, 168.
Murviedro, Jews at., 6, 144 lf. Sapaudus, Jew or Narbonne, 80, 148 ff., 165.
Saragossa, Jews al, 45-46, 87, lOi, 111, 182.
Narbonne, Council of, 68, 59, 71, 76, 112; Jews Sedechias, Jewish physician, 1S8, 164.
at, 17, 20(4), 88-89, 55, 62, 71, 76, 77-78, Sef~r Yezirah. :J9, 6H7.
79, 80, 94--96, 101, un, 1Sl-1S2, 148 ff., Sefer Zeruhbabel, 40(i), 68(12).
169 ff. Septimania, Jews in, 17, 21, 95, 148 ff.
Nephtali, Jew ol Toledo, 13, 163. Severiacus, Jews at, IU.
Neuchling, Council of, lOi. Severus, bishop of Minorca, 28, 30, 3i, SS,
Nibridius, bishop of Narbonne, 38-39, M. 49(4), 62, 71, 73, 79, 80, 98, 118, 119,
Nimes, Jews at, 16-17, 114. 120, Hl, 124.
NonnechiWI, bishop or Nantes, iS, l!H. Seville, Council of, 18; Jews at, 116(4).
Nostamnus, Sicilian Jew, lSi, 164. Shi'ur Komak, 89, 6H7.
Sidonius Apollinaris, 23, lt7, l!Jl.
Orange, Council or, 100(8). Sigericb, Jew of Bourges, H. 165.
Orleans, Councils of, Second, 90; Third, as, 55, Simeon, bishop of Metz, 22-iS.
60, 90, 100; Fourth, 4i{l), 44, 49, 100; Simoon, Jew of Merida, 146, 164.
Fth, 100(4); Jew1 at, 62, 7S-74, HS. Simon, Meir ben, 160 ff.
Ose, Jew at Concoranis, 128, 164. Sisebut, Visigothic king, 11 lf., 16(4), 18, i5,
Otto U, German king, 161. M-85, 48, 48, 50, 75, 89, 91, 98-99,
154(2).
Paragorus, Jew o Narbonne, 80, 148 ff., 164. Sisenand, Visigothic king, 13, 50, 118.
Solomon, Jew o Adra, 141, 164. Toulouse, Jew11 al, ll7, IS7.
Solomon, Jew of Paria, 26, lH, 127, 164. Toumai, Jews at, 127.
Stephen, bishop of Avignon, 118. Tulga. Visigothic king, 14.
Stephen 111. Pope, ~95, 125, 162.
Sulpicius, bi.'lhop o Bourges, 16. UrbicWI, bshup o Auvergne, H.
Swinthila, Visigothic king. IS, 50, 75. Usque, 8amuel. 12(5).
Uses, Jews at, 28-24, 55.
Talmud, S tf., 86, 89, 40, 61, 67-68, 101, H4.
TelesinWI, Jewish physician, HO, 1S8, 165. Valerianu.s, Jews at, 95.
Theodebert, Frankish king, 101. Vannea, Council of, 54-55, 61.
Theodore, bishop of Marseilles, 24, 28, 125. Venantius, Saint, 82(5).
Theodore, Jew o Minorca, SS, 49(4), 79, 9S, 119, Venantius 1''ortunatwi, 24, Si, 49(7), 56, 107.
Ito, lil, 124, 164. Verga, Solomon ibn, li, 84-85.
Theodoric, Frankish king, 101. Vespasian, 4, 6.
Theodoric, Ostrogothic king, 82, 106, 114--115. Vctor 1, Pope, 8-9.
Toledo, C.ouncils o, Third, 11, 4!(6), 89, 98,
Vienne, Jews at, 8, 27, 95, 155.
118; Fourth, H ff., 17, 48(7), 50, 51,
Vinebre, Jews at, 146-147.
52(5), 89, 99, 110, 118, 117(2); Firth,
Virgilius, bishop of Arles, 24, 18, 125.
18-14; Sixth, 14; Seventh, 15; Eighth,
15, 51, 118; Ninth, 16; Tenth, 16, 99, Vitry-en-Perthois, Jews at, 9.
H7(1); Eleventh, 17; Twelfth, 17 ff.; Vi\'acius, Jew of Septimania. 95, HU.
Sixteenth, il, 75(5), 104, H6(4); Seven- Viviers, Jews at, HS.
teenth, il, 51(1S), 59, 89, 100, 104, 115;
Jews at, IS, 19(1), SO, S4, 75, 81, 116. Wamba, Visiguthic king, 16-17, 114, Hl.
Toledoth Yuhu, S9(5), 66, 68. William, converl to Judaism, ~.
Torquatus, bishop of St Paul-Trois-ChAteaux, Witiza. Visigothic king, il-ff.
IS6. Witteric, Visigothic king, 11.
Tortosa, Jews at, 61, 61, 141 ff.
Toul, Jews at, 9(4). Zaculo, Abraharu, 160 ff.
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KATZ 1937 - The Jews in The Visigothic and Frankish Kingdoms of Spain and Gaul

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KATZ 1937 - The Jews in The Visigothic and Frankish Kingdoms of Spain and Gaul

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MONOGRAPHS OF

THE MEDIAEVAL ACADEMY

No. S. Alien Merchanta in England, 1350 to 1377, by

No. 4. Feudal Monarchy in the Latin Kingdom of Jerusalem,

No. 11. The Goths in the Crimea, by A. A . VASILIEV

No. l!l. The Jews in the Visigothic and Frankish Kingdoms of

THE MEDIAEVAL ACADEMY OF AMERICA

THE MEDIAEVAL ACADEMY OF Al\IERICA

arrested by an untimely death, has made a notable contribution by his

Syria or Chaldea. 1 The Talmud relates that an exilarch R. Isaac traveled

1 T. B. Berakol, 29a; Genui Rabbah, 44.

the Jews in Spain. There is a tradition that Solomon's tax-gatherer

The name Gallia, K~?.:i, is already found frequently in the Talmud

Jerome, In l1aiam, LXVI, 20 (PL., XXIV, 672).

1 T. J. Bm-akot, IV, Sb.

Thursday. 1 The prayer is still retained in the ritual of the synagogue.

The banishment of Archelaus to Vienne in Gaul in the year 6,6 and

a Gallia Chriatiana (Paris, 1899), t, 801.

community in Lyons in the second century A.D. 1 His arguments are of

en Dauphin,' Bulktin tk l"acadmie delphinale, s sr., xvu (Grenoble, 1881-82), 182.

A. Gerson, 'Les Juifs en Champagne,' Mmoirea de la aocit acadmique du dparle-

THE CONVERSION OF JEWS TO CHRISTIANITY

A S the power of the Church became stronger, the more systematic

l zeumer, op. cil., pp. 48.5 ff., 498 ff.

ZWTh., XLVIII (1905), 855.

forever or become Christians. According to an account by Solomon ibn

Among the false decretals of the Pseudo-Isidore is found one issuing

pp. 896-897. cr. 12 Toledo, c. 9 (Gonzalez, t98-500; Mansi, XI, lOSS-1086).

p. 524; sce infra, p. 84.

"Leovigild" (621-681),' ZWTh., XLIX 0906), 258-270, especially, p. 262.

(686), convoked by King Chintila (636-639). At the Sixth Council

'6 Toledo, c. S (Gonzalez, 402; l\Iansi, x, 668).

baptized he seems to have left undisturbed. 1 The Seventh Council of

'4 Toledo, c. 57 (Gonzalez, 582-585; Maruii, x, 6SS).

accuses Gaul of being 'judaized,' 'ludaeorum blasfemantium prostibulum.'

19SO). pp. 208-205.

Judaism, 1 according to a formula of renunciation prescribed by the

This penalty applied to non-baptized Jews, but there is a question

'L. Vil'ig., xn, !l, 18.

ZWTh., XLVUI (1905), 96-111, especially p. 107.

unparalleled oppressions. 1 Under his successor, however, the Jews were

Bisehof von Metz,' ZGJD., 1 (1887), 98.

Somewhat later, Paul, the bishop of St Paul-Trois-Chateaux (the

Cher (Dpartement Indre-et-Loire); see A. Longnon, Gkgraphie de la Gaule au VI likle (Paris,

In 582 King Chilperic ordered the conversion of the Jews by force, 1

similar account is found in ha-Kohen's Dibre ha-Yamim, c. 10 (transl. C. H. F. Bialloblotzky, The

Lyons concerning a Jewess who had been baptized without permission.

There were, as we have seen, two opinions about the methods by

s. PRAYERS FOR THE JEws

prayers, which were offered at Easter, tended to accentuate the character

'E:reprola epcopi (MGH., Ep., v, 289; PL .. cxix. 422).

Jews had a shorter catechumenate than other candidates for baptism

The formulas of abjuration represent, in their successive modifications,

4 Venantius Fortunatus, Vita S. Germa11i, c. 62 (MGH., AA., IY, 2, 24).

showed the advantages of Christianity. The example of his defection

'Ildephonsus, De l'irn ill1Utribu1, c. 5 (Florez, v, iSS-240; PL., xcYI, iOl).

Ep., I, 689-690). Heine's identification of Froga as a Jew is erroneous.

Gundlach, 'Epistolae ad res Wisigothorum pertinentes,' NA., XVI (1891), 46-47.

Perplexed by this historical argument, the king replied that he recognized

catholica (Paderbom, 1874).

Ildephonsus of Toledo (607-667) 1 wrote a work, De virginitate perpetua

In Gaul the first of the anti-Jewish works of which we know is a sermon

Ilrid . Ep. 8 (MGTI . Ep. v. 185-199; PL., CIV, 77-100).