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Roman Law Concerning the Jews

Time Period: Circa early 300s AD

Location: Roman Empire, Mediterranean Era, Realm of Constantine

Constantine was Roman Emperor from 306 to 337 AD. As a reformer, he enacted a number of laws to restructure the empire and solidify power. He was the first Christian Emperor and moved his residence to Byzantium/Constantinople. His Edict of Milan degreed religious tolerance throughout the Roman Empire, but also a number of laws and rules that specifically affected Jews during the time. Scholars now think that the idea of religious tolerance was primarily pointed at tolerance of Christianity by Romans.

The Jews and Rome: Constantine's Christianity resulted in his being the first Roman Empire to severely limit the rights of the Jews in the Empire. As Christianity grew in power in the Empire, more and more civil authorities tried to reduce Jewish privilege. Many scholars believe that the important significance of Roman law during this time is that it placed the Jews as second-class citizens in the Empire, and began a tradition that would affect both Christian and Muslim legislation from then on. It is likely that Constantine's rules would eventually crystalize into the Code of Justinian, which would become the basis of European law during the Middle Ages.

Basic Premises of Constantine's Laws:

1. Judaism may not be a missionary religion. Jews who protest these laws or try to convert to Christianity will be killed. If, after the enactment of this law (October 18, 315), any [Jew] who dares to attack with stones or & #8230; [attaches] himself to the worship of God… will be burnt together with all of his accomplices.

2. Marriage between Jewish Men and Christian Women was banned. Marriages between Jews and Christian women… are to be dissolved.

3. Later, intermarriage was banned completely.

4. Jews could not own slaves and had limits in economic rights; by not owning slaves a Jewish merchant was at a disadvantage to Christian merchants. A Jew shall not possess a slave.

5. Jews could not hold advantageous public offices within the Roman Empire. No Jew hall obtain offices and dignities; to none shall the administration of city service be permitted; nor shall any one exercise the office of a defender

Consequences: In many ways, the triumph of Christianity in the Roman Empire after the crucifixion of Jesus of Nazareth is rather remarkable. As a religion during these early years, Christianity was not so much a religion as a sect of people around a single charismatic Prophet. We must remember that even after Jesus' death, his followers were largely Jewish and were interpreting philosophy, law and culture through Jewish ideology. Over the next few centuries, though, through missionary work, the ideas spread and gradually became separate from Judaism over the basic issue of Jesus' divinity as the Son of God or a Prophet. When Constantine became Christian, though, by no means had Christianity solidified in the Roman Empire -- it was just one of many religions. In order for Constantine to make Christianity official, laws had to be written that would emphasize Christians and Christian teachings; and since there was already a philosophical conflict with Judaism, it makes sense that Jews would be persecuted. From an economic point, lack of slaves, lack of holding office and other edicts would punish Jews and allow Christians to be more competitive. From a cultural or sociological point-of-view, forbidding marriage between Jews and Christians would keep the Jewish population separate -- almost ghettoized. Finally, from a legal point-of-view, finding ways to punish Jews as well as prevent them from holding office would limit their local power, push them away from any social or economic advantage, and again, segment the population. These initial laws gave rise to even more strict laws with further Roman leaders, resulting in Judaism's clear second-class citizenship during most of the Middle Ages.