Power relations between the two groups had changed dramatically. The establishment of Christianity as the official religion of the Roman Empire had profound consequences. One of its more immediate effects was to make Palestine a less hospitable place for Jews to live. As early as the sixth century, the majority of the population of Palestine was Christian, due to a) the settlement of Christian pilgrims (in what was now the Holy Land of the Christians as well as the Jews), b) successful Christian evangelizing among the pagan population of Palestine, and c) Jewish emigration to the more hospitable lands of Mesopotamia (which the Jews continued to call "Babylonia"). Around 425, the last Jewish institution recognized by the Roman Empire, and one that symbolized the unity of the Jews - the patriarchate - was abolished by the imperial government. Jewish scholarship in Palestine began to suffer. The center of Jewish scholarship shifted to Babylonia (under Persian rule), where two great academies were established, one at Nehardea (it later moved to Pumbedita) and one at Sura. It was at these academies that Jewish law and lore were elaborated in the form of the Babylonian Talmud - a body of teachings which was to become "the" Talmud. The key problem facing the Jewish world at this juncture was that of perpetuating Jewish traditions in a far-flung diaspora, without a central authority or Temple.
With the exception of Palestine, the establishment of Christianity as the official religion of the Roman Empire was not a major problem for the Jews. This may at first seem surprising, given the tenor of the Adversus Judaeos writings of the Church Fathers, from which we have read excerpts. But the Church Fathers were trying to create a coherent Christian doctrine; they were not running an empire. By the end of the fourth century, the Jews were the least of the emperors' concerns. The Empire, seriously threatened by barbarian invasions and other calamities, split in two in 395. The Western Empire continued its downward spiral, eventually collapsing altogether in the early sixth century. On the foundations of this "collapsed" empire would rise the great European kingdoms; but that would come only much later. For the time being, the center of Christian civilization was Constantinople - now the capital of the Eastern (or Byzantine) Empire. It, too, was threatened by barbarians, as well as by the Persian Empire to the east.
Some would argue that the Roman Empire "fell" under its own weight. But it would be just as true to say that it managed to continue by virtue of its weight. One of its weightiest features was its system of law and administration. When Christianity was established as the imperial religion in the fourth century, this system remained in place and continued to govern the everyday business of society. Such continuity was only natural, since Christianity offered no alternative. Only very gradually were elements of a developing system of Church law integrated into imperial law. The practical consequences of the early "Christianization" of the machinery of government were mainly the following: bishops were given official judicial status; Sunday was made the official day of rest; the emperor assumed a key role in church disputes, councils, and appointments; and imperial funding was granted for the building of new churches.
Judaism was no longer a threat to Christianity (heretical Christian sects posed a far greater threat), and it continued to enjoy the same basic status of a "legitimate religion" it had had under pagan emperors. What changed was not so much the legal status of the Jews as the perception of the Jews as a group. Under the Christian empire, to a far greater extent than under the pagan empire, Jews were regarded as a religious group rather than as a nation or people with dangerous political aspirations. Jews continued to serve in the imperial administration until 418, when there was a purge of all non-Christians (including pagans). Serious legal discrimination against Jews began only in the sixth century.
Read the following pieces of legislation concerning Jews that were adopted under
Christian emperors. They are taken from two codes of imperial law that incorporated
all laws enacted from the time of Constantine, the Latin Codex Theodosianius
(438) and in the Latin and Greek code of Justinian (534). As you read, consider these questions What appears to be the main thrust - the main objectives - of these laws? What goal or goals do they seek to achieve? And what realities concerning relations between Christians and Jews do they reflect?
If one of the Jews shall unlock for himself the door of eternal life, shall bind himself to the holy cults and choose to be Christian, he shall not suffer harassment or molestation at the hands of the Jews. For if anyone of the Jews shall consider that a Jew who became Christian should be attacked and injured, we want the instigator …to be subjected to avenging punishments commensurate with the nature of the crime committed.
If one of the Jews shall buy and circumcise a Christian slave or of any other sect, he shall on no account retain the circumcised in slavery; rather, he who suffered this [i.e., the circumcised slave] shall acquire the privileges of liberty.
Enacted By Constantius II, 353:If someone established in the venerable law shall become Jew from Christian [i.e., if a Christian converts to Judaism] and shall be joined to sacrilegious assemblies, we decree that his property shall be vindicated to the fisc's dominion [i.e., confiscated] once the accusation has been proven.
Enacted By Gratian, 383:We punish the crime of Christians who pass over to [i.e., worship at] altars and temples [of the pagans] by abrogating their power to bequeath in testament. Also those who despised the dignity of the Christian religion and name and polluted themselves with the Jewish contagions shall be punished for their disgraceful acts. [The punishment for the latter is unspecified.]
Enacted By Theodosius, 388:No Jew shall take a Christian woman in marriage, neither shall a Christian marry a Jewess. Indeed, if anyone shall commit something of the kind, his crime shall be considered as an adultery [thus punishable by death], with the right to accuse allowed to the general public.
Enacted By Theodosius, 392: Enacted By Theodosius, 393:It is sufficiently established that the sect of the Jews is prohibited by no law. We are therefore gravely disturbed by the interdiction imposed in some places on their assemblies. Your Sublime Magnitude [the master of the soldiers in the east] shall, upon reception of this order, repress with due severity the excess of those who presume to commit illegal deeds under the name of the Christian religion and attempt to destroy and despoil synagogues.
Enacted By Arcadius, 397:Your Excellent Authority [the authority being addressed was a prefect in the east] shall order the governors to assemble, in order that they shall learn and know, that it is necessary to repel the assaults of those who attack Jews, and that their synagogues should remain in their accustomed peace.
Enacted By Honorius, 412:No one shall dare to violate or seize and occupy what are known by the names of synagogues and are assuredly frequented by the conventicles of the Jews, for all must retain what is theirs with unmolested right and without harm to religion and cult. Furthermore, since the ancient custom and usage preserved the day of Sabbath, sacred to the said people of the Jews, we decree that this too must be avoided, that no summons shall constrain a man of the said custom under pretext of public or private business, for it would seem that all the remaining time [i.e., the rest of the week] suffices for the public laws, and it would be most worthy of the government of our time that former privileges shall not be violated; although it would seem that enough had been legislated on this matter in general constitutions by past emperors.
Enacted By Theodosius II, 423:
The translations of the above material are from Amnon Linder, The Jews in Roman
Imperial Legislation (Detroit, 1987).