Anti-Jewish Legislation in the Middle Ages

Abstract

In contrast to today’s conception of a unified and uniting legal system, it was common for medieval societies to have several legal systems “at work” at the same time. Some of these legal authorities followed an hierarchical order, such as imperial/royal law that stood above the legislation enacted by territorial princes (at least in theory), who, as town lords, in return could change, overturn, or dictate municipal law. Parallel to these secular legal systems, church law was enforced by an equally graded system of hierarchies, while the vast field of customary laws is particularly difficult to grasp due to its vast diversity and mostly oral tradition. Inhabitants of medieval cities and rural communities were therefore subjected to several legal systems: the general law of the country (often a non-codified customary law), the municipal law of the respective city, several sets of ecclesiastical regulations, and depending on their profession, they could be subjected to regulations of a specific organisation (e.g., universities or craft guilds). This legal pluralism applied to Jews as well—they were granted their main legal standing from the respective ruler (see below); furthermore, they were permitted to enact their own halachic legislation within their communities. Their particular legal status, however, did not mean that Jews were exempt from other jurisdictional systems. They bought and sold their estates and properties according to the respective municipal and/or customary laws, paid and received dues and rents, and appeared as plaintiffs and defendants before all kinds of courts, showing them as more than passive recipients: they were active players who were not only aware of their legal circumstances but were also able to navigate within these frameworks.1 Anti-Jewish legislation is therefore only a part of medieval Jewry laws, and a part that existed parallel, and often in contrast to a neutral, or even positive legislation. It is also only a part of medieval anti-Jewish thought and agenda to which it contributed both ideas and measures to act upon. This essay cannot and does not claim to cover anti-Jewish legislation in medieval Europe exhaustively; in particular, the very diverse municipal and customary laws will be presented with a focus on the Ashkenazi regions of the Holy Roman Empire.