Heinrich Graetz - History of the Jews, Vol. 4 (of 6)

"The majority of wealthy Jews," says Solomon Alami in his "Mirror of Morals," or "Letter of Warning," "who are admitted to royal courts, and to whom the keys of public exchequers are confided, pride themselves on their dignities and wealth, but give no thought to the poor. They build themselves palaces, drive about in splendid equipages, or ride on richly caparisoned mules, wear magnificent apparel, and deck their wives and daughters like princesses with gold, pearls, and precious stones. They are indifferent to their religion, disdain modesty, hate manual labor, and live in idleness. The wealthy love dancing and gaming, dress in the national costume, and go about with sleek beards. They fill themselves with dainties, whilst scholars starve on bread and water. Hence, the rabbis are despised, for all classes prefer to have their sons taught the lowest of handicrafts to bringing them up to the study of the Law. At sermon time, the great resign themselves to sweet slumber, or talk with one another, and the preacher is frequently disturbed by men and women at the back of the synagogue. On the other hand, how devout are the Christians in their houses of worship! In every town the noble live at variance with one another, and stir up discord on the most trivial questions. Still worse is the jealousy with which they regard each other; they slander one another before the king and the princes."

It is certainly true that at this period secret denunciations, once almost unknown among the Jews, were exceedingly rife, even rabbis being occasionally the victims. As the aged Nissim Gerundi, Isaac ben Sheshet, Chasdaï Crescas, and their friends were victimized by the conspiracy of some miserable calumniator, so an attempt was made to ruin the rabbi of Alkolea de Cinca, En-Zag Vidal de Tolosa, by representations to the queen of Aragon.

The rabbis, who, with one or two assessors, constituted courts of justice for criminal cases, dealt severely with such traitors, and even sentenced them to death. In the communities of Castile, Aragon, Valencia, and Catalonia, the privilege of passing death-sentences was of great antiquity. The Jewish courts required for the execution of such sentences special sanction from the king in a sealed letter (Albala, Chotham); but, if necessary, this could be obtained through the medium of Jewish courtiers, or by bribery. Such proceedings, however, only increased the evil they were designed to cure. The accused were made short work of without exhaustive inquiry, or sufficient testimony, and this naturally infuriated their relatives and friends. It did not unfrequently occur that utterances were construed as treasonable which had no such character. The ill-advised action of the Jewish court of Seville (or Burgos) on an unfounded charge of disloyalty to the community preferred against an eminent and beloved co-religionist was, if not the actual cause, at any rate the occasion of the first widespread and sanguinary persecution of the Jews in Spain, the final result being the total expulsion of the Jews from the Peninsula.

Joseph Pichon, of Seville, high in favor with the king of Castile, Don Henry II, whose receiver general of taxes he had been, was accused of embezzlement by some jealous Jewish courtiers. He was imprisoned by the king, condemned to pay a fine of 40,000 doubloons, and then set free. He afterwards retrieved his reputation, and became extraordinarily popular among the Christian population of Seville. To avenge his wrongs, or possibly with a view to his own vindication, he had entangled his enemies in a serious accusation, when Don Henry died. His son, Don Juan I, was crowned at Burgos, the capital of Old Castile (1379). During the coronation festivities, a Jewish court of justice (at Burgos or Seville) condemned Pichon as an enemy to the community and a traitor (Malshim, Malsin), without affording him an opportunity of being heard in defense. Some Jews, having access to the court, asked permission of the young king to execute a dangerous member of their own body without mentioning his name. Confidants of the king are said to have been bribed to obtain the royal signature to this decree. Provided with the king's warrant and the death sentence of the rabbinical college, Pichon's enemies repaired to the chief of police (Alguacil), Fernan Martin, and obtained his assistance at the execution. Early on the morning of the 21st August, two or three Jews, together with Martin, entered Pichon's house whilst he was yet asleep, and awoke him under the pretext that his mules were to be seized for debt. As soon as he appeared at the door of his dwelling, he was arrested by the Jews intrusted with the carrying out of the sentence, and, without a word, beheaded.

Whether Pichon had deserved death, even according to rabbinical law, or whether he fell a victim to the intrigues of his enemies, is not known. It is not difficult to understand that so cruel an act should have stirred up widespread indignation. The anger of the young king knew no bounds when he learnt that his coronation festivities had been stained with the murder of one who had rendered his father substantial services, and that his own sanction had been surreptitiously obtained. He immediately ordered the execution of the Jews who had carried out the sentence, and of a Jewish judge of Burgos. Even the chief of police, Fernan Martin, was ordered to be put to death for the assistance he had given; but at the intercession of some nobles, his life was spared, and his punishment commuted to the chopping off of one hand. This incident had other grave consequences. The king at once deprived the rabbis and Jewish courts of justice of jurisdiction in criminal cases, on the ground of their abuse of the privilege. At the first meeting of the cortes at Soria (1380), he made this restriction a permanent statute. By its terms the rabbis and communal leaders were thenceforth prohibited from decreeing punishments of death, dismemberment, or exile, and in criminal cases were to choose Christian judges. One of the reasons assigned was that, according to the prophets, the Jews were to be deprived of all power and freedom after the advent of Jesus. The still exasperated king then arraigned the Jews on other charges. He accused them particularly of cursing Christians and the Christian church in their prayers, and with receiving Mahometans, Tartars, and other foreign persons into the pale of Judaism, and having them circumcised. These alleged practices were forbidden under heavy penalties. The feeling against the Jews was not limited to the king and the court circle. The entire population of Castile was roused by the apparently unjust execution of Joseph Pichon, and by the circumstance that his death was not the work of irresponsible individuals, but of the foremost leaders of the Jewish community. In Seville, where Pichon had been very popular, the fury against the Jews rose to such a height that, had the opportunity presented itself, summary vengeance would have been taken.

Accusations against the Jews and petitions for the restriction of their liberties became the order of the day at the meetings of the cortes, as formerly at the councils of the Visigothic kings. The infuriated Don Juan acquiesced in this agitation, in so far as it did not tend to the detriment of the royal finances. At the cortes of Valladolid (1385), he granted the petition for the legalization of the canonical restrictions, presented by the clergy, and accordingly prohibited the living together of Jews and Christians, and the suckling of Jewish infants by Christian nurses, under pain of public whipping. He also consented to the passing of a law excluding Jews (and Mahometans) from the post of treasurer to the king, queen, or any of the royal family.

Curiously, it was the quarrel over the chief rabbinate of Portugal that snatched the crown of that country, at the moment when it was within his grasp, from this monarch, who cannot be said to have been wholly hostile to the Jews. By a treaty with King Ferdinand of Portugal, it had been agreed that, male heirs to the crown failing, he, or rather his second wife, the Portuguese Infanta Beatrice (Brites), should have the first right to the succession. In Portugal the Jews had always been tolerated, and, up to the time of their expulsion from the country, suffered no persecution. During the reign of King Ferdinand (1367–1383), their position was exceptionally happy. Since the thirteenth century (1274), the government of the community had been more completely in its own hands than in any other European country. Some of their peculiar institutions dated even further back. At the head of the Portuguese Jews was a chief rabbi (Ar-Rabbi Mor), possessing almost princely privileges. On account of the importance of the office he was always appointed by the king, who conferred it as a reward for services rendered to the crown, or to add to the dignity of some particular favorite. The chief rabbi used a special signet, administered justice in all its branches, and issued decrees under his own sign-manual with the addendum: "By the grace of my lord, the king, Ar-Rabbi Mor of the communities of Portugal and Algarve." It was his duty to make an annual circuit of all the Portuguese communities, to investigate their affairs, invite individuals to lay before him their grievances, even against the rabbis, and remedy abuses wherever they existed. On these journeys he was accompanied by a Jewish judge (Ouvidor), a chancellor (Chanceller) with his staff, a secretary (Escrivão), and a sheriff (Porteiro jurado), to carry out the sentences of his court. The chief rabbi or Ar-Rabbi Mor, appointed in each of the seven provinces of the kingdom provincial rabbis (Ouvidores) subject to him. These rabbis were established in the seven principal provincial Jewish centers, Santarem, Vizeu, Cavilhão, Porto, Torre de Montcorvo, Evora and Faro. They governed the provincial communities, and were the judges of appeal for their several districts. The local rabbis were elected by the general body of contributing members of the community; but the confirmation of their election and their investiture proceeded from the chief rabbi, under a special deed issued in the name of the king. The judicial authority of the rabbis extended to criminal cases, and they retained this privilege much longer than their Spanish brethren. Public documents had to be written in the vernacular. The Jewish form of oath was very simple, even in litigation with Christians; it required nothing but the presence of a rabbi and the holding up of the Torah.