Jews, Regalian Rights, And The Constitution In Medieval France

Abstract

It is fashionable to imagine a great dichotomy between the feudal monarchies in the West and the brittle, particularistic entity of the Holy Roman Empire of the German Nation. To Voltaire's mean-spirited gibe that the latter was neither holy, Roman, nor an Empire might be added that it was also not really German, since millions of Netherlanders, Italians, and Slavs, as well as Provencals and Savoyards, lived within its territorial limits. France and England, the stereotype goes, had achieved a precocious unity, at least in the thirteenth century. Nothing could be clearer, one might conclude, than the contrast between the great kingdoms of the West and the so-called Empire. The fashionable cliche even affects our understanding of Jewish life in the Middle Ages. Fritz Backhaus put the commonplace this way: “The territorial division (Zersplitterung) of Germany prevented a comprehensive expulsion [of the Jews] as could be carried out in England, France, and Spain.” This neat dichotomy is inadequate. At best it makes sense in a comparison between England and Germany. Only in England, a few exceptions aside, were the claims of a paramount lord, the king, to the control and exploitation of the Jews more or less uncontested by other secular authorities or by ecclesiastics in the role of secular lords.