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Wednesday, July 8, 2020

Rome's EDICT OF CARACALLA in Year 212 CE and How It Affected Jews

Nadene Goldfoot                               
                                                                             

 The first record of Jews in Rome is in 161 b.c.e., when Jason b. Eleazar and Eupolemus b. Johanan are said to have gone there as envoys from Judah Maccabee. The Roman Jews are said to have been conspicuous in the mourning for Julius Caesar in 44 b.c.e. on the death of Herod in 4 b.c.e. 8,000 native Roman Jews are reported to have escorted the Jewish delegates from Judea who came to request the senate to abolish the Herodian monarchy. Two synagogues were seemingly founded by "freedmen" who had been slaves of Augustus (d. 14 c.e.) and Agrippa (d. 12 b.c.e.) respectively and bore their names. 

In the year 212 in Rome, The Constitutio Antoniniana (Latin for: "Constitution [or Edict] of Antoninus") (also called the Edict of Caracalla or the Antonine Constitution) was an edict issued in 212 CE, by the Roman 
Emperor Caracalla declaring that all free men in the Roman Empire were to be given full Roman citizenship and that all free women ...in the Empire were to be given the same rights as Roman women.  This included the Jews to a certain degree.  This was 1,808 years ago when Jews might have a lot of rights.  Then the world backslid and Jews were not an emancipated people until Emperor Napoleon came along.                                             
Emperor Caracalla (4 April 188-8 April 217)
AKA Antonius, born as Lucius Septimius Bassianus of the Severan Dynasty.
This is the period of the Christian Byzantium

The trick was to be able to be declared a free person in order to have citizenship which gave more rights.  People were either citizens or free people or slaves.  
                                                             
Emperor Herod's Days Before Caracalla was Emperor 


The main reason Caracalla passed the law was to increase the number of people available to tax. In the words of Cassius Dio: "This was the reason why he made all the people in his empire Roman citizens; nominally he was honoring them, but his real purpose was to increase his revenues by this means, inasmuch as aliens did not have to pay most of these taxes." However, few of those that gained citizenship were wealthy, and while it is true that Rome was in a difficult financial situation, it is thought that this could not have been the sole purpose of the edict. Cassius Dio generally saw Caracalla as a bad, contemptible emperorCassius was born in 163,  as Lucius Cassius Dio or Dio Cassius who was a Roman statesman and historian of Greek and Roman origin. He published 80 volumes of history on ancient Rome, beginning with the arrival of Aeneas in Italy.  
                                                       
Citizens of the Roman Empire
Roman citizenship was acquired by birth if both parents were Roman citizens (cives), although one of them, usually the mother, might be a peregrinus (“alien”) with connubium (the right to contract a Roman marriage). Otherwise, citizenship could be granted by the people, later by generals and emperors.

Another goal may have been to increase the number of men able to serve in the legions, as only full citizens could serve as legionaries in the Roman Army. In scholarly interpretations that agree with a model of moral degeneration as the reason for the fall of the Roman Empire, most famously the model followed by British historian Edward Gibbon, the edict came at the cost to the auxiliaries, which primarily consisted of non-citizen men.

Evidently there were Jews who were free men, traders and such.  Being Jewish anyway they came under certain restrictions.  They were affected as polygamy was ended for them this way.  They were excluded from the army.  They could not serve in public office from the 5th century onward because they were Jews.  They  couldn't offer evidence against any Christian  in the courts of law.  Roman minorities were also under their laws and were restricted people.  


Additionally, before the edict, one of the main ways to acquire Roman citizenship was to enlist in the Roman Army, the completion of service in which would give the citizenship to the discharged soldier. The edict may have made enlistment in the army less attractive to most, and perhaps the recruiting difficulties of the Roman army by the end of the 3rd century were related to this.
In the analyses of more recent scholars, the Constitutio Antoniniana marks a major milestone in the provincialisation of Roman law, meaning that the gap between private law in the provinces and private law in Italy narrowed. This is because, in granting citizenship to all men in the provinces, much private law had to be re-written to conform with the law that applied to Roman citizens in Rome. To these scholars, it therefore also marks the beginning of a process by which imperial constitutions became the primary source of Roman law.


  • A male Roman citizen enjoyed a wide range of privileges and protections defined in detail by the Roman state. A citizen could, under certain exceptional circumstances, be deprived of his citizenship.
  • Roman women had a limited form of citizenship. They were not allowed to vote or stand for civil or public office. The rich might participate in public life by funding building projects or sponsoring religious ceremonies and other events. Women had the right to own property, to engage in business, and to obtain a divorce, but their legal rights varied over time. Marriages were an important form of political alliance during the Republic.
  • Client state citizens and allies (socii) of Rome could receive a limited form of Roman citizenship such as the Latin Right. Such citizens could not vote or be elected in Roman elections.
  • Freedmen were former slaves who had gained their freedom. They were not automatically given citizenship and lacked some privileges such as running for executive magistracies. The children of freedmen and women were born as free citizens; for example, the father of the poet Horace was a freedman.
  • Slaves were considered property and lacked legal personhood. Over time, they acquired a few protections under Roman law. Some slaves were freed by manumission for services rendered, or through a testamentary provision when their master died. Once free, they faced few barriers, beyond normal social snobbery, to participating in Roman society. The principle that a person could become a citizen by law rather than birth was enshrined in Roman mythology; when Romulus defeated the Sabines in battle, he promised the war captives that were in Rome they could become citizens.
The ancient sources portray Caracalla as a tyrant and as a cruel leader, an image that has survived into modernity. Dio Cassius (c. 155 – c. 235) and Herodian (c. 170 – c. 240) present Caracalla as a soldier first and an emperor second. Modern works continue to portray Caracalla as an evil ruler, painting him as one of the most tyrannical of all Roman emperors.
This Edict of Caracalla  granted Jews legal equality to all other citizens, and formed the foundation of their legal status in Byzantium following the founding of Constantinople in 330. Indeed, Jews enjoyed the right to practice their faith under the rule of the Byzantines, as long as they paid the Fiscus Judaicus. 
For example, circumcision, which was considered mutilation and therefore punishable by death if performed on a non-Jewish child, and by exile if performed on a non-Jewish adult, was legally permitted within Jewish religious practices. Byzantine law recognized synagogues as places of worship, which could not be arbitrarily molested, Jewish courts had the force of law in civil cases, and Jews could not be forced to violate Shabbat and their festivals.
                                                     
Roman (Byzantine) Empire 271 CE

In addition to the matter of holding public office, Jews were also unequal to Christians with respect to the ownership of slaves. Restrictions on the ownership of Christian slaves by Jews were in place through the reign of many emperors, under the fear that Jews would use conversion of slaves as a means to increase their number. Additionally, this was designed to provide an incentive for non-Christian slaves to convert into Christianity, and an economic restriction on the Jews. Restrictions on slave-owning could not, however, be excessively burdensome, because slaves, although numerous, were between 10-15% of the population. Under the Theodosian Code, therefore, ownership of Christian slaves by Jews was not prohibited, although their purchase was. Thus, one who gained possession of a slave by means such as inheritance would remain his or her owner. Purchase of slaves was usually penalized by compelled sale at the original purchase price.

The third important restriction on Judaism—in addition to the limitations on public service and slave ownership—was that the Jewish religion, though allowed to survive, was not allowed to thrive. Theologically, the victory of Christianity could be successfully asserted by maintaining a small contingent of Jews within the empire, although allowing them to become too sizable a minority would threaten the theological monopoly of Orthodox Christianity within the Empire.
One important ramification of this policy was the prohibition on the construction of new synagogues within the Empire, though the repair of old synagogues was permitted. This prohibition was difficult to enforce, as archaeological evidence in Israel indicates that illegal synagogue construction continued throughout the sixth century. The synagogue did continue to be respected as an inviolable place of worship until the reign of Justinian.

Beginning at this time, most legislation regarding the Jews—even laws which expanded the rights which they were afforded—were "prefaced by unambiguous expressions of hatred and contempt for Judaism."
                                                      
Since the year 390 nearly all of the territory of present-day Israel came under Byzantine suzerainty. The area was divided into the following provinces: Palestina PrimaPalestina Secunda and Palestina Tertia. These provinces were part of the Diocese of the East Palæstina Secunda or Palaestina II was a Byzantine province from 390, until its conquest by the Muslim armies in 634–636. Palaestina Secunda, a part of the Diocese of the East, roughly comprised the GalileeYizrael ValleyBet Shean Valley and southern part of the Golan plateau, with its capital in Scythopolis (Bet Shean). The province experienced the rise of Christianity under the Byzantines, but was also a thriving center of Judaism, after the Jews had been driven out of Judea by the Romans in the 1st and 2nd centuries.
                                                          

In 70 CE Rome destroyed Jerusalem while burning down the 2nd Temple.  Jews if captured, were taken as slaves.  It didn't seem to matter that there were Jews living in Rome at the same time as Roman Citizens.  They were used in all the usual manners of Roman slaves, fighting off lions in the stadiums, etc, even as army slaves.  

Resource
https://en.wikipedia.org/wiki/Constitutio_Antoniniana#:~:text=The%20Constitutio%20Antoniniana%20(Latin%20for,and%20that%20all%20free%20women
https://en.wikipedia.org/wiki/Caracalla
Book:  Religous Roots of Contemporary European Identity by Bloomsburg.
https://en.wikipedia.org/wiki/History_of_the_Jews_in_the_Byzantine_Empire 
https://en.wikipedia.org/wiki/Roman_citizenship

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