History of the Jews, Vol. 4 (of 6). Graetz Heinrich

History of the Jews, Vol. 4 (of 6) - Graetz Heinrich


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of so important an offer without the consent of the imprisoned king. The plan was accordingly submitted to him for confirmation. At the instance of Manessier de Vesoul, the Jews at the same time laid before the king a memorial setting forth that they had been unjustly expelled from France, and that they could not forget the land of their birth. The imprisoned monarch then issued a decree (March, 1360), by which, with the consent of the higher and lower clergy, the higher and lower nobility, and the third estate, permission was granted to all Jews to enter France and reside there for twenty years. They were allowed to take up their abode in any part of the country, in large and small towns, villages and hamlets, and to possess, not only houses, but also lands.

      The head of every Jewish family was, however, compelled, on entering the country, to pay a sum of fourteen florins (florins de Florence) for himself, and one florin for each child or other member of his family; besides this, he became liable to an annual Jew tax of seven florins, and one for each individual of his household. On the other hand, the emigrants were to enjoy extensive privileges. They were not amenable to the jurisdiction of the ordinary courts or officials, but had a special justiciary in the person of Count d'Etampes, a prince of the blood royal, who acted as their protector (gardien, conservateur), and whose duty it was to appoint investigating judges and commissioners, and to safeguard the interests of the community when endangered. Cases of misdemeanor and crime amongst themselves were to be tried by two rabbis and four assessors. From the decisions of this tribunal there was no appeal. The property of the convicted Jewish criminal, however, became forfeited to the king, to whom, in addition, the rabbis had to pay the sum of one hundred florins. For past misdemeanors and crimes the king granted them a complete amnesty. They were protected against the violence of the nobles and the petty annoyances of the clergy. They could not be forced to attend Christian services or discourses. Their furniture, cattle, and stores of grain and wine, as well as their sacred books, not merely the Bible, but copies of the Talmud also, were to be guaranteed against confiscation, so that the public burning of the Talmud at Paris could not be repeated. The amplest protection was given their trade. They were allowed to charge 80 per cent interest (4 deniers on the livre) on loans, and to take pledges, their rights upon which were safeguarded by a fence of laws. Manessier de Vesoul himself, the active and zealous negotiator of these privileges, was appointed to a high position at court. He became receiver general (procureur or receveur-general), and in this capacity was responsible for the punctual payment of the Jew taxes, his commission being nearly 14 per cent. The result of the granting of these privileges was that the Jews entered France in large numbers, even foreigners being permitted to settle there, or take up a more or less protracted residence.

      The extensive privileges granted to the Jews excited envy. The Christian physicians, exposed to the competition of Jewish doctors, complained that the latter had not passed a public examination, and denounced them as charlatans. The judges and officials, without power over the Jews and having no opportunity for extorting money from them, complained that they abused their privileges. The clergy, indignant at the favored position of the Jews, but having no real grievance, complained that they no longer wore the prescribed badge. The feeble king allowed an order to be extorted from him, to some extent in contradiction of his own decree, by which only such Jews were to be permitted to practice medicine as had passed an examination, and all Jews, not excepting those even who enjoyed especial privileges (Manessier and his family), were to wear a red and white wheel-shaped badge (rouelle) of the size of the royal seal. Finally the Jews were re-committed to the jurisdiction of the ordinary courts, and the earlier arrangements annulled.

      As soon as the politic dauphin ascended the throne, under the title of Charles V, and adopted a strict system of government, to deliver himself from dependence on the States-General (May, 1364), he proceeded to assure himself of the sources of revenue possessed by the Jews. He restored the privileges partly abolished by his father, lengthened the period of residence by six years, and secretly granted permission to Hebrew money dealers to exceed the charge of 80 per cent on loans. At the instance of Manessier de Vesoul, always zealous in the interests of his co-religionists, the Jews were again withdrawn from the jurisdiction of the ordinary tribunals, and committed to the care of their official protector, Count d'Etampes. The clergy, whose hatred of the Jews bordered on inhumanity, were rendered powerless. In the south of France, the heads of the church had threatened with excommunication any Christians who should trade with Jews, or provide them with fire, water, bread, or wine, and by this means, had so stirred up the fanaticism of the people, that the lives and property of the Jews were imperiled. To counteract this, the governor of Languedoc issued, in the name of the king, an ordinance informing the officials, both lay and ecclesiastical, that all who exhibited hostility toward the Jews would be unsparingly punished in person and substance.

      During the reign of Charles V (1364–1380), then, the condition of the Jews was at least endurable. Manessier remained receiver general of the Jew taxes for the north of France (Langue d'Oyl), and the same functions were discharged by Denis Quinon in Languedoc. On the complaint of the latter that a few Jewish converts, in conjunction with the Christian clergy, had forced their former brethren to attend the churches to hear sermons, the king issued a rescript (March, 1368) severely prohibiting all such unseemly compulsion. Subsequently, Charles prolonged the period for remaining in the country by ten years, and later on by six more. All this was brought about by the indefatigable Manessier (1374). His zeal in the Jewish cause and the advantages the king derived from his exertions were rewarded by the exemption of himself and his family from every kind of tax, contribution and service to the crown (1375).

      Although the German and French Jews appeared to revive after their dreadful sufferings, it was only a material revival; their spirit remained dead. Their intellectual powers had disappeared. In France, where, during more than two centuries, from Rashi to the last of the Tossafists, the study of the Talmud had been carried to its most flourishing point, and where remarkable acuteness and intellectual depth had been developed, the new emigrants exhibited so astonishing an ignorance that they were obliged to commence their studies anew. The indulgences of the kings, John and Charles, certainly spoke of rabbis who should be invested with authority to try Jewish criminals; but there was not a single profound Talmudist among them; indeed, according to the avowal of contemporary writers, not more than five of even mediocre attainments. The only devotee of Talmudical study, Matathiah ben Joseph Provenci, has left nothing in writing to testify to his ability. Held in such esteem by Charles V that he and his family were exempted from wearing the distinctive badges prescribed by law, and apparently related to the receiver general, Manessier de Vesoul, Matathiah was in the best position to deal with the prevailing ignorance. He re-established a college at Paris, assembled pupils, expounded the Talmud to them, ordained them to rabbinical offices, and caused copies of the Talmud to be written. In consequence of his energy and his comparatively great learning, he was chosen by the newly established French communities to the office of chief rabbi and chief justice in civil and penal cases, his appointment being confirmed by the king. His school had to supply the communities with rabbis, but his pupils enriched rabbinical literature by their contributions as little as he himself. Even Provence, once so fruitful of Jewish literature, had become intellectually impoverished.

      In Germany, where the rabbis had once been so proud of their traditional knowledge, the Black Death, with its attendant persecutions and banishments, had so thinned the ranks of the Jews that extraordinary intellectual decay had set in. The illiterate and the superficial, in the absence of better men, were inducted into rabbinical offices. This mischievous practice was vigorously opposed by Meïr ben Baruch Halevi, a rabbi, who, in his time, passed for a great authority in Germany (1370–1390). Rabbi at Vienna, as his father had been before him, Meïr Halevi (Segal) ordered that no Talmudical student should exercise rabbinical functions unless authorized by a rabbi of standing. Until then it had been the practice for anyone who felt able and willing to assume the rabbinical office without further ceremony, or, if he perchance settled in the neighborhood of his teacher, to obtain permission from him. As from the time of Gershom of Mayence there had always been great Talmudists in Germany, public opinion counteracted the abuse of this liberty; for had an unqualified person arrogated to himself the exercise of rabbinical functions, he would have incurred general derision and contempt. After the Black Death, however, this deterrent lost much of its force through the scarcity of Talmudists. The order of Meïr of Vienna, that every rabbi should be ordained, that he should earn the title (Morenu), and that, without such preparation, he should


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