In 1775, Pius VI., the Pope whom Napoleon imprisoned and deposed, revived some of the harsh laws against the Jews, whose condition, for a long time past, had been growing more peaceful and assured. He issued an edict by which Rabbinical literature was suppressed; no Hebrew book, or even manuscript, might remain in the possession of a Jew. He was required to keep himself rigidly within the limits of his Ghetto; he was obliged again to wear his yellow badge; when a corpse was buried, no funeral procession was allowed; no Jew might employ a Christian midwife or wet-nurse; and, vice versâ, a Christian might not employ Jews. The old enactment requiring Jews to attend controversial sermons was again enforced; and the Rabbins were obliged to draw up lists of their disciples, who were required to be present. This seems to have been at the outset of Pius’s long reign. The outbreak of the French Revolution, and the troubles which it brought upon him, probably gave a new direction to his thoughts.
Turning to France, we find that the condition of the Jews during the eighteenth century was very peculiar. It has been mentioned in a previous chapter that, although nominally excluded from France, they had long been suffered to dwell there under protections granted to them by Henry II. and others. There were, indeed, three different sections of Jews resident in France at this time—the Portuguese Jews, to whom charters were granted by the French Parliament A.D. 1550. These were chiefly to be found in Bayonne, Bordeaux, and its vicinity. They appear at first to have passed under the name of New Christians, and as such, no doubt, were obliged to submit themselves to the ordinances of the Church; but in the fierce strife which ensued between the Catholics and Huguenots they escaped notice. It is said that they contracted marriages according to their own rites, and evaded the baptism of their children. There were, again, the Jews of Avignon, who were either Italians or native Frenchmen. These had been tolerated by the Popes during their residence there, and probably no great notice had been taken of them since the removal of the papal court. Again, after the conquest of Metz and Alsace, a considerable number of German Jews became subjects of France. It is likely that they by no means regretted the change of masters; for only a few years before, the Parliament at Metz had burnt a number of Jews on the old charge of murdering infants. Louis XIV. granted the Jews of Alsace the same privileges possessed by Bordeaux and other cities—that of free commerce, on condition of paying a certain poll-tax, subsequently compounded for a lump sum. Nevertheless, all over Lorraine and Alsace the Jews, during this century, were harshly dealt with. Their usurious exactions rendered them odious to the people, as indeed had been the case with their ancestors for many generations. In Strasburg only a few Jewish families were allowed to reside. In Lorraine the laws of Duke Leopold, made in 1724, continued long in force. By these only 180 families were permitted to reside and to carry on trade; and even these were required to live within the Jewish quarters.
When the Edict of Nantes was revoked, and all the subjects of the King of France were required to accept the ordinances of the Catholic Church, the Jews in France were in some danger of persecution. But the act seems never to have been carried out so far as they were concerned. As before, the clergy were too busy in enforcing the law against Huguenots to trouble themselves about a handful of Jews. But, though they were kindly treated, it would be a mistake to suppose that they were naturalized, as some writers have affirmed. It is said that they offered the Regent Orleans two million livres in exchange for the privilege of naturalization—a sum which that impecunious potentate would have been well pleased to lay his hands on. But he was afraid of the unpopularity he would incur by the act, and refused the offer. The writer of the pamphlet respecting the Naturalization Bill of 1753, quoted in a previous chapter, says: ‘It is a vulgar error to suppose that the Jews in France were naturalized subjects; and any Frenchman of whom you asked the question would laugh in your face.’ It appears to have been only in certain cities that the Jews were allowed to reside permanently. In Lyons they could only reside three months consecutively. In Paris it is said their residence was altogether prohibited.
Louis XV. appears to have treated them with kindness, and to have discouraged a step which was made to abridge their privileges. He also showed much favour to the celebrated Samuel Bernard, the famous banker of his day, who afterwards became a convert to the Church. As the century advanced, and Voltaire and the Encyclopædists began to exercise a wide influence in France, it might have been expected that they would have exerted it in favour of the Jews; who, although they were no longer exposed to the terrible sufferings they had undergone in previous generations, were still subject to a more modified religious persecution—a thing utterly abhorrent to the writers in question. But the Encyclopædists disliked the Jews almost as much as the Christians. The Hebrew race had suffered cruelly in previous ages, as being the enemies of the Gospel. But in the eyes of the infidel writers they were almost as objectionable, as being the living witnesses of its truth. No Dominican persecutor of the fifteenth century would have viewed the Jews with more contempt and hatred than does Voltaire, the advocate of religious tolerance.
In fact, it is obvious that the Jews had to undergo many hardships in France during the reigns of Louis XIV. and XV. A few years after the accession of Louis XVI., the mildness of whose temper had become generally known, a petition was presented by the Jews to the king and council, complaining of the heavy burdens laid upon them. Besides the fees exacted for the royal protection, a capitation tax was imposed upon them by the feudal superior on whose estate they resided. The right of residence was only personal, and a fresh sum had to be paid for every child that was born to them. Further, a toll was paid by every Jew at the gate of every city which he entered, as though he had been a horse or a sheep. There were besides restrictions on their commerce, which weighed heavily upon them.
The appeal to Louis XVI. was not in vain. The obnoxious capitation tax was abolished in 1784; and in 1788 a commission was appointed, of which Malesherbes was the president, and the first act of the latter was to put an end to the toll at the city gates.[200] Malesherbes also set on foot measures for ameliorating generally the condition of the Jews. He proposed to give a prize for the best essay on the subject. This was gained by the celebrated Abbé Grégoire, whose essay was very generally approved. Steps were taken to carry out some of the improvements suggested. But before this could be done the Revolution had begun, and liberty, equality, and fraternity for all men had become the general cry in France. The Jews were not slow to avail themselves of their opportunity, and sent in their petition to the General Assembly to be admitted to the rights of equal citizenship. The question was discussed in the National Assembly, and was affirmed, though not until after considerable debate. On the 17th of September, 1791, the decree was passed by which Jews, without exception or distinction, were admitted to the rights of French citizenship. It was ratified also by the Constitution of 1795.
FOOTNOTES:
[199] This was soon set aside, being contrary to the spirit of English law. The Jews established themselves in Gibraltar, and are now a thriving population, with four synagogues.
[200] The tariff of tolls has been preserved, and has a curious sound. For a Jew 12 deniers (about 1d.), a Jewess and child 9 deniers, a Jewess 6 deniers; for a dead Jew 5 sous, a dead Jewess 30 deniers.