History of the Inquisition of Spain. Henry Charles Lea

is uncertain, but it presupposes a considerable anterior period of toleration, during which Jews had multiplied and had become possessed of landed wealth. To what extent it may have been enforced we have no means of knowing, but its observance must only have been temporary, for such glimpses as we get of the condition of the Jews up to the fourteenth century are wholly incompatible with the fierce proscription of the Gothic laws. As the Spanish kingdoms organized themselves, the Fuero Juzgo for the most part was superseded by a crowd of local fueros, cartas-pueblas and customs defining the franchises of each community, and we have seen in the preceding chapter how in these both Moor and Jew were recognized as sharing in the common rights of citizenship and how fully the freedom of trade between all classes was permitted. In 1251 the Fuero Juzgo was formally abrogated in Aragon by Jaime I, who forbade it to be cited in the courts—a measure which infers that it had practically become obsolete.[250] In Castile it lingered somewhat longer and traces of its existence are to be found in some places until the end of the thirteenth century.[251] These, however, are not to be construed as referring to the provisions respecting Jews, which had long been superseded.

      In fact, the Jews formed too large and important a portion of the population to be treated without consideration. The sovereigns, involved permanently in struggles with the Saracen and with mutinous nobles, found it necessary to utilize all the resources at their command, whether in money, intelligence, or military service. In the first two of these the Jews stood pre-eminent, nor were they remiss in the latter. On the disastrous field of Zalaca, in 1086, forty thousand Jews are said to have followed the banner of Alfonso VI, and the slaughter they endured proved their devotion, while, at the defeat of Ucles in 1108, they composed nearly the whole left wing of the Castilian host.[252] In 1285 we hear of Jews and Moors aiding the Aragonese in their assaults on the retreating forces of Philippe le Hardi.[253] As regards money, the traffic and finance of Spain were largely in their hands, and they furnished, with the Moors, the readiest source from which to derive revenue. Every male who had married, or who had reached the age of 20, paid an annual poll tax of three gold maravedís; there were also a number of imposts peculiar to them, and, in addition, they shared with the rest of the population in the complicated and ruinous system of taxation—the ordinary and extraordinary servicios, the pedidas and ayudas, the sacos and pastos and the alcavalas. Besides this they assisted in supporting the municipalities or the lordships and prelacies under which they lived, with the tallas, the pastos, the ninths or elevenths of merchandise and the peajes and barcajes, the pontazgos and portazgos, or tolls of various kinds which were heavier on them than on Christians, and, moreover, the Church received from them the customary tithes, oblations, and first-fruits.[254] The revenues from the Jewish aljamas, or communities, were always regarded as among the surest resources of the crown.

      The shrewd intelligence and practical ability of the Jews, moreover, rendered their services in public affairs almost indispensable. It was in vain that the council of Rome, in 1078, renewed the old prohibitions to confide to them functions which would place them in command over Christians and equally in vain that, in 1081, Gregory VII addressed to Alfonso VI a vehement remonstrance on the subject, assuring him that to do so was to oppress the Church of God and exalt the synagogue of Satan, and that in seeking to please the enemies of Christ he was contemning Christ himself.[255] In fact, the most glorious centuries of the Reconquest were those in which the Jews enjoyed the greatest power in the courts of kings, prelates and nobles, in Castile and Aragon. The treasuries of the kingdoms were virtually in their hands, and it was their skill in organizing the supplies that rendered practicable the enterprises of such monarchs as Alfonso VI and VII, Fernando III and Jaime I.[256] To treat them as the Goths had done, or as the Church prescribed, had become a manifest impossibility.

      CONDITION OF SPANISH JEWS

      Under such circumstances it was natural that their numbers should increase until they formed a notable portion of the population. Of this an estimate can be made from a repartimiento, or assessment of taxes, in 1284, which shows that in Castile they paid a poll tax of 2,561,855 gold maravedís, which at three maravedís per head infers a total of 853,951 married or adult males.[257] This large aggregate was thoroughly organized. Each aljama or community had its rabbis with a Rabb Mayor at its head. Then each district, comprising one or more Christian bishoprics, was presided over by a Rabb Mayor, and, above all, was the Gaon or Nassi, the prince, whose duty it was to see that the laws of the race, both civil and religious, were observed in their purity.[258] As we have already seen, all questions between themselves were settled before their own judges under their own code, and even when a Jew was prosecuted criminally by the king, he was punishable in accordance with his own law.[259] So complete was the respect paid to this that their Sabbaths and other feasts were held inviolate; on these days they could not be summoned to court or be interfered with except by arrest for crime. Even polygamy was allowed to them.[260]

      While their religion and laws were thus respected, they were required to respect Christianity. They were not allowed to read or keep books contrary to their own law or to the Christian law. Proselytism from Christianity was punishable by death and confiscation, and any insults offered to God, the Virgin, or the saints, were visited with a fine of ten maravedís or a hundred lashes.[261] Yet, if we are to believe the indignant Lucas of Tuy, writing about 1230, these simple restraints were scarce enforced. The heretic Cathari of Leon, he tells us, were wont to circumcise themselves in order, under the guise of Jews, to propound heretical dogmas and dispute with Christians; what they dared not utter as heretics they could freely disseminate as Jews. The governors and judges of the cities listened approvingly to heresies put forth by Jews, who were their friends and familiars, and if any one, inflamed by pious zeal, angered these Jews, he was treated as if he had touched the apple of the eye of the ruler; they also taught other Jews to blaspheme Christ and thus the Catholic faith was perverted.[262]

      This represents a laxity of toleration impossible in any other land at the period, yet the Spanish Jews were not wholly shielded from inroads of foreign fanaticism. Before the crusading spirit had been organized for the conquest of the Holy Land, ardent knights sometimes came to wage war with the Spanish Saracens, and their religious fervor was aggrieved by the freedom enjoyed by the Jews. About 1068, bands of these strangers treated them as they had been wont to do at home, slaying and plundering them without mercy. The Church of Spain was as yet uncontaminated by race hatred and the bishops interposed to save the victims. For this they were warmly praised by Alexander II, who denounced the crusaders as acting either from foolish ignorance or blind cupidity. Those whom they would slay, he said, were perhaps predestined by God to salvation; he cited Gregory I to the same effect and pointed out the difference between Jews and Saracens, the latter of whom make war on Christians and could justly be assailed.[263] Had the chair of St. Peter always been so worthily filled, infinite misery might have been averted and the history of Christendom been spared some of its most repulsive pages.

      When the crusading spirit extended to Spain, it sometimes aroused similar tendencies. In 1108, Archbishop Bernardo of Toledo took the cross and religious exaltation was ardent. The disastrous rout of Ucles came and was popularly ascribed to the Jews in the Castilian army, arousing indignation which manifested itself in a massacre at Toledo and in the burning of synagogues. Alfonso VI vainly endeavored to detect and punish those responsible and his death, in 1109, was followed by similar outrages which remained unavenged.[264] This was a sporadic outburst which soon exhausted itself. A severer trial came from abroad, when, in 1210, the Legate Arnaud of Narbonne led his crusading hosts to the assistance of Alfonso IX. Although their zeal for the faith was exhausted by the capture of Calatrava and few of them remained to share in the crowning glories of Las Navas de Tolosa, their ardor was sufficient to prompt an onslaught on the unoffending Jews. The native nobles sought in vain to protect the victims, who were massacred without mercy, so that Abravanel declares this to have been one of the bloodiest persecutions that they had suffered and that more Jews fled from Spain than Moses led out of Egypt.[265]

      CONDITION OF SPANISH JEWS

      This had no permanent influence on the condition of the Spanish Hebrews. During the long reigns of San Fernando III and Alfonso X of Castile and of Jaime I of Aragon, covering the greater part of the thirteenth century, the services which they rendered to the monarchs were repaid with increasing favor and protection. After Jaime had conquered Minorca