Although the restrictions of the Theodosian code had the force of law, it may be questioned whether they were really carried into effect. The bishops of the apostolic see, who had learnt political shrewdness from the Roman statesmen, were too prudent to be fanatic. The Pope Gelasius had a friend, a Jew of Telesina, who bore the title of "the most illustrious" (clarissimus), and at his intercession his relative Antoninus was warmly recommended by the Pope to the bishop Secundinus. A charge having been brought against a Jew named Basilius, of selling Christian slaves from Gaul, he pleaded that he only sold heathen slaves, and that it was impossible to prevent a few Christians from being included among a number of other slaves; this excuse was accepted by Pope Gelasius.
When Italy became Ostrogothic under Theodoric, the Jews of that country were placed in a peculiar position. Hostile outbreaks were not infrequent during this reign, but at bottom they were not directed against the Jews, but against this hated Arian monarch. Theodoric, although an Arian, was by no means favorably disposed towards the Jews, whose conversion he desired. On a certain occasion, he had his counselor and minister Cassiodorus write the following to the community of Milan: "Why dost thou seek temporal peace, O Judah, when because of thine obduracy thou art unable to find eternal peace?" The Jews of Genoa having requested permission to put their synagogue into better repair, Theodoric sent them the following reply: "Why do you desire that which you should avoid? We accord you, indeed, the permission you request, but we blame the wish, which is tainted with error. We cannot command religion, however, nor compel any one to believe contrary to his conscience." He permitted the Jews neither to erect new synagogues, nor to decorate old ones, but simply allowed them to repair such as were falling into decay.
The Ostrogothic ruler was zealous in preserving internal peace and in upholding the laws, and accordingly he was just to the Jews whenever any undeserved injury was inflicted upon them. The Catholics entertained a secret hate of the Arians, and with the deepest resentment saw Arianism on the throne, while the Catholic Church was merely magnanimously tolerated: they seized upon every opportunity of thwarting Theodoric, when it could be done with impunity. On one occasion, when a few slaves rose against their Jewish masters in Rome, the mob gathered, burnt the synagogue, ill-treated the Jews, and plundered their property, in order to laugh Theodoric's edicts to scorn. Theodoric, having been informed of this, bitterly reproached the Roman Senate, which was now but the shadow of its former self, for permitting such misconduct, and imperiously charged it to discover the culprits and oblige them to make compensation for the damage they had done. As the leaders of the riot were not discovered, Theodoric condemned the Roman commune to make compensation. This severity roused the entire Catholic Church against him.
It is creditable to the Italian Jews of this period that, in spite of the general deterioration and demoralization, the political and ecclesiastical literature of the times imputes no other crimes to them than obduracy and unbelief. Their religion shielded them from the prevailing wickedness. Cassiodorus, who became a monk after resigning all his dignities, composed among other works a homiletic exposition of the Psalms, in which he makes frequent reference to the Jews, apostrophizing them, and endeavoring to convert them. It is characteristic of this period that Cassiodorus,—who, besides Boëthius, was the only notability of the sixth century possessing a certain philosophic culture—designated the Jews by the most opprobrious names. It would be easy to compile a dictionary of abusive words from his writings; he called them "scorpions and lions," "wild asses," "dogs and unicorns."
In spite of the antipathy of the leaders of opinion, the Jews of Italy were happy in comparison with their brethren of the Byzantine empire. Theodoric's successors, his beautiful and accomplished daughter Amalasuntha, and her husband and murderer Theodatus, a weakling with philosophical pretensions, followed his principles. The Jews supported King Theodatus with tenacious fidelity, even when he himself had given up all hope. The Jews of Naples risked their lives rather than come under Justinian's scourge. Belisarius, the conqueror of the Vandal empire, the laurel-crowned hero, trembled at Justinian's wrath, and allowed himself to be used as the blind tool of the latter's tyranny; he had already subjugated the whole of Sicily and the southern extremity of the Italian peninsula, and now was swiftly approaching Naples, the largest and most beautiful city of Lower Italy. On his summons to the inhabitants to surrender, the Neapolitans divided into two factions. But even the war party was not disposed to sacrifice itself for the Ostrogoths, who were hated in Italy. The Jews alone, and two lawyers, Pastor and Asclepiadotus, who had been raised to fame through the influence of the Ostrogothic kings, opposed the surrender of the city to the Byzantine general. The Jews, who were wealthy and patriotic, offered their lives and their fortunes for the defense of the city. In order to allay the fear of scarcity of provisions, they promised to supply Naples with all necessaries during the siege. The Jews, unaided, defended that part of the city which was nearest the sea, and fought with such bravery, that the enemy did not venture to direct their attacks against that quarter. A contemporary historian (Procopius) has raised a glorious monument to the heroic bravery of the Jews of Naples.
Having one night, by means of treachery, penetrated into the city, the enemy almost made themselves masters of it (536), but the Jews, with the courage of lions, still continued the struggle. It was only at break of day, when the enemy had overwhelmed them with numbers, and many of their own side had been killed, that the Jews quitted their posts. It is not related how the surviving Jewish combatants fared—certainly no better than their confederates Asclepiadotus and Pastor, who fell victims to the fury of the people. Now occurred that which the Italian Jews had anticipated with horror; they came under the rule of the Emperor Justinian, whose anti-Jewish ideas place him in a class with Hadrian, Constantine, and Firuz. Italy, ruler of the world, sank to the rank of a province (Exarchate) of the Byzantine empire, and the Jews of Italy trembled before the exarch of Ravenna.
This situation, however, did not continue long. Justinian's successors were obliged to abandon a great part of Italy forever to the powerful and uncouth Lombards (589), who, half heathen, half Arian, troubled themselves but little about the Jews. At all events there are no exceptional laws for the Jews to be met with in the Longobard code. Even when the Lombards embraced the Catholic faith, the position of the Jews in Italy remained bearable. The heads of the Catholic Church, the Popes, were free from extreme intolerance. Gregory I (590–604), called the Great and the Holy, who laid the foundation of the power of Catholicism, gave utterance to the principle that the Jews should be converted only by means of gentle persuasion and not by violence. He conscientiously maintained their rights of Roman citizenship, which had been recognized by various emperors. In the territory which was subject to the papal sway in Rome, Lower Italy, Sicily, and Sardinia, he steadfastly persisted in this course, in the face of the fanatical bishops, who regarded the oppression of the Jews as a pious work. His pastoral letters are full of earnest exhortations, such as the following: "We forbid you to molest the Jews or to lay upon them restrictions not imposed by the established laws; we further permit them to live as Romans and to dispose of their property as they will; we only prohibit them from owning Christian slaves."
But greatly as Gregory abhorred the forcible conversion of the Jews, he exerted himself to win them for the Church by other means. He did not hesitate to make an appeal to cupidity, and remitted a portion of the land-tax to such of the Jewish farmers and peasants as embraced Christianity. He did not, indeed, deceive himself with the belief that the converts who were obtained in this manner were loyal Christians; he counted, however, upon their descendants. "If we do not gain them over," he wrote, "we at least gain their children." Having heard that a Jew named Nasas had erected an altar to Elijah (probably a synagogue known by this name) in the island of Sicily, and that Christians met there to celebrate divine service, Gregory commanded the prefect Libertinus to raze the building, and to inflict corporal punishment on Nasas for his offense. Gregory vigorously persecuted such of the Jews as purchased or possessed Christian slaves. In the Frankish empire, where fanaticism had not yet made its way, the Jews were not forbidden to carry on the slave trade. Gregory was indignant at this, and wrote to King Theodoric (Dieterich) of Burgundy, Theodebert, king of Austrasia, and also to Queen Brunhilde, expressing his astonishment that they allowed the Jews to possess Christian slaves. He exhorted them with great warmth to remove this evil, and to free the true believers from the power of their enemy. Reccared, the king of the Visigoths, who submitted to the papal see, was flattered beyond measure by Gregory for promulgating an edict of intolerance.
In the Byzantine empire and in Italy, Christianity had from the very first shown more or less hostility to Judaism, but in the west of Europe, in France and Spain, where the Church established itself with difficulty, the situation of the Jews assumed a different and much more favorable aspect. The invasions of the barbarians had completely changed the social order existing in these countries. Roman institutions, both political and ecclesiastical, were nearly effaced, and the polity of the empires established by heathen or half Christianized nations was not built up on the basis of Church law. It was a long while before Catholicism gained a firm footing in the west of Europe, and the Jews who had settled there enjoyed undisturbed peace until the victorious Church gained the upper hand.
The immigration of the Jews into these important and wealthy provinces took place probably as early as the time of the Republic or of Cæsar. The Jewish merchants whose business pursuits brought them from Alexandria or Asia Minor to Rome and Italy, the Jewish warriors whom the emperors Vespasian and Titus, the conquerors of Judæa, had dispersed as prisoners throughout the Roman provinces, found their way voluntarily or involuntarily into Gaul and Iberia. The presence of the Jews in the west of Europe is a certain fact only since the second century.