CONCERNING THE PREVENTION OF OFFICIAL OPPRESSION,
AND THE THOROUGH EXTINCTION OF HERETICAL SECTS.
TITLE I. CONCERNING THE EXERCISE OF MODERATION IN
JUDICIAL DECISIONS, AND THE AVOIDING OF OPPRESSION
BY THOSE INVESTED WITH AUTHORITY.
=I.= _Concerning the Admonition of the King, by which Judges are
Ordered to Display Moderation in the Administration of
Justice._
=II.= _No Official, Invested with Power Over the People and
Supervision Over their Acts, shall Subject them to
Unnecessary Expense, or Other Impositions._
=I. Concerning the Admonition of the King, by which Judges are Ordered
to Display Moderation in the Administration of Justice.=
It is but proper that we, who impose necessary penalties for the
misconduct of men, should render aid to the unfortunate, by means
agreeable to God. We, therefore, order all judges and other officials
to whom has been delegated the power of dispensing justice, and we
also admonish them in the name of the omnipotent God, the exemplar of
all virtues, that they diligently use their skill in the discovery
of truth, in every case which is brought before them; and that they
examine, with the utmost care, the claims of the parties to each
action, without regard to the rank or condition of said parties; and
that they moderate, in some degree, the severity of the law, where
parties have lost their cases, especially where said parties are
oppressed by poverty; for if the authority of the law were enforced
to the utmost in every instance, there would be no opportunity for the
exercise of mercy.
=II. No Official, Invested with Power Over the People and Supervision
Over their Acts, shall Subject them to Unnecessary Expense, or Other
Impositions.=
We provide laws for all the subjects of our kingdom who are under
our sovereignty, for no other reason than the protection of their
interests, and to the end that they may not be subjected to unnecessary
expense or injury. For who is more concerned in the administration of
justice, or who should be more familiar with it than ourselves, who,
in the various affairs of life, extend the hand of assistance to our
faithful subjects, and aid those whom we rule with equity? We therefore
decree, by the following law, that no governor of a city, deputy,
or other official, shall presume to oppress the people, for his own
benefit, by means of any taxes, exactions, labors, or journeys; or
shall accept unnecessary donations of grain from a city or a province;
for we are well aware that when we appoint judges, we, at the same
time, provide them with the means of subsistence. In like manner, we
admonish governors of provinces, those in charge of the royal demesnes,
and the officials of our treasury, that they have no power over private
persons, and shall not in any way molest them. But where a private
person has a lawsuit against any of the slaves of the Crown, the public
agent, or attorney of the province, having been notified of the fact,
shall cause the matter to be brought before the governor, or the judge
of the district, and shall present his case, in order that the action
may be legally determined, and such amends made as are equitable.
In order that proper supervision may be exercised over the royal
officials in charge of our domains, we have agreed that the tax
collectors and _defensores_ shall be changed every year; and, as
we are well aware that in consequence of this, much injury results to
our people, we hereby decree that any tax collector or _defensor_,
who has been elected by the bishops or the people, shall serve the
full term for which he was chosen. Where any tax collector or
_defensor_ has been appointed, he shall not give any present to
a judge, nor shall a judge presume to accept or exact anything from
him. If any judge should violate this law, he shall be deprived of his
office, and shall be compelled to pay ten pounds of gold to the royal
treasury. Should the priests, whom we address with God as our witness,
learn of any misconduct of judges, or of other officials, and not bring
the same to our notice, they shall be liable to the sentence imposed by
the council, and shall be compelled to make reparation from their own
property for such losses as the poor may have suffered through their
silence.
TITLE II. CONCERNING THE ERADICATION OF THE ERRORS
OF ALL HERETICS AND JEWS.
=I.= _Laws Having Been Given to True Believers, it is Now
Necessary to Place Restraints upon Infidels._
=II.= _Concerning the Renunciation of the Errors of all
Heresies._
=III.= _Concerning the Laws Promulgated on Account of the
Wickedness of the Jews._
=IV.= _Concerning the Extirpation of the Errors of the Jews in
General._
=V.= _Jews shall not Celebrate the Passover According to their
Custom._
=VI.= _Jews shall not Contract Marriage According to their
Custom._
=VII.= _Jews shall not Perform the Rite of Circumcision._
=VIII.= _Jews shall not Divide their Food into Clean and
Unclean, According to their Custom._
=IX.= _No Jew shall Subject a Christian to Torture._
=X.= _No Jew shall Testify Against a Christian; and Under
what Circumstances the Descendants of Jews may
Testify._
=XI.= _No Jew shall Circumcise a Christian Slave._
=XII.= _Concerning the Penalties to be Inflicted for Offences
Committed by Jews._
=XIII.= _Concerning Christian Slaves who are Known to have been
Sold or Liberated by Jews._
=XIV.= _Under no Circumstances shall Christian Slaves Attach
themselves to Jews, or be Admitted into their Sect._
=XV.= _All Christians are Forbidden to Defend or Protect a Jew,
by Either Force or Favor._
=XVI.= _Memorial of the Jews Presented to the King._
=XVII.= _Concerning Judaizing Christians._
=XVIII.= _Concerning the Perfidy of the Jews._
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=I. Laws Having Been Given to True Believers, it is Now Necessary to
Place Restraints upon Infidels.=
Hitherto, we have directed our steps cautiously through the arduous
paths which traverse the iniquities of the Jews; and have used
moderation in the restraint of human crimes and infirmities. For it
has been our manifest purpose and task, both to remove ill-founded
opinions, and to prohibit what is evil, as well as to abolish what has
been wrongfully done, and is abhorrent to decency and honor. As the
law penetrates the secret recesses of minds conscious of guilt, so its
censure corrects the depravity of morals, and prevents the perpetration
of crime. And, indeed, we do not attempt to bring about this purity
of soul for any other purpose than for the sake of the Church of the
living God, which has invested so many different nations and peoples
with the robe of immortality, and has united them to herself with the
bonds of one holy religion. For the excellence of our strength and
earthly glory are derived from the virtues of God, and his influence,
sometimes acting through compassion, sometimes through fear of the
sword of justice, prevents the commission of sin; and on one occasion
diminishes crime by the practice of moderation, on another, extirpates
it by an exhibition of severity. Following, not only the example of
noble and illustrious races who restrained the illegal excesses of
the people by leniency and rational laws, but also copying the rules
and imitating the example of the Holy Fathers throughout the entire
globe of the earth, we shall endeavor, as far as lies in our power, to
reduce to action the precepts which we have received from them. For
this reason, our relatives and subjects will know that our decrees are
suitable, and dictated by honesty of purpose, in that they forbid the
commission of crime, and are not opposed to the opinions of the Holy
Fathers heretofore promulgated. And we are confident that we shall
receive two rewards from the generosity of God: one, that we will be
permitted to remain in the enjoyment of peace with our neighbors, as
we are now; and the other, that, when our rule is ended, we shall
receive a due acknowledgment from heaven. Thus, when, by means of the
laws directed to our faithful people, this salutary remedy shall have
been administered to the adherents of the Holy Faith, (as medicine
is absorbed by the members of the body), and peace and charity shall
everywhere prevail; confiding in the virtue of God, we shall attack his
enemies, pursue his rivals, and conquer his adversaries; contending
manfully, and constantly persevering; dispersing and overcoming those
enemies, as dust is driven by the wind, or as mud is dried up in the
fields, we shall acquire the reward of Faith; and when we shall include
all people as true believers in our holy religion, and shall bring all
infidels to belief in its truths, our glory shall increase, and our
kingdom shall be exalted.[53]
=FLAVIUS RECESVINTUS, KING.=
=II. Concerning the Renunciation of the Errors of all Heresies.=
The eternal counsel of Almighty wisdom and Divine piety, as we
understand it, and revealed to us in former ages, for the benefit of
our own times, dissipated the errors of perfidious heretics, as well
as abolished the false maxims of impious doctrines. Nevertheless,
that such a time may not come during our lives, as that of which the
representative of Divine Grace formerly said: “A time will come when
persons will not desire sound doctrine, but with eager ears, and
according to their desires, will seek masters for themselves; and
who will not listen to the truth, but will turn to false doctrines;
and, as it is proper that whatever remains in the light of the Faith
should be defended, by legal edicts, from the efforts of all who
seek to contradict it; and that whatever ideas have arisen through
the influence of error, be removed by legal proceedings; therefore,
we decree that no man of whatever race or lineage, either native or
foreigner, proselyte or old in faith, visitor or resident, shall
openly or silently, impugn the unity of the Catholic faith; or take
part in any injurious disputes affecting the truth of said faith; or
countenance the same by remaining silent.” No one shall attack the
decrees of the Gospel, or criticise the institutions of the Church, or
call in question the sacred institutions established by the ancient
Fathers; no one shall treat with contempt discussions concerning points
of doctrine which arise in modern assemblies; no one shall entertain
any thoughts against the holy edicts or the true religion, or shall
utter any words in depreciation of the same; or perfidiously cause
a controversy to arise with an obstinate unbeliever; or engage in a
quarrel on account of the contempt of honor exhibited by a listener.
Any person who violates any of the provisions aforesaid shall be
arrested; and should he be an ecclesiastic, or belong to any religious
order, he shall lose his rank and dignity; shall be regarded forever
as a criminal; and shall be punished by the loss of all his property.
If he should belong to the laity, he shall be deprived of honor and
position, and stripped of all his possessions. Every violator of
this law shall be condemned to perpetual exile, unless he should be
converted from his errors by the interposition of Divine mercy, when he
may be suffered to remain and live in accordance with the commands of
God.
=FLAVIUS RECESVINTUS, KING.=
=III. Concerning the Laws Promulgated on Account of the Wickedness of
the Jews.=
The execrable errors of heretics in general, having been already
prohibited and disposed of, it now becomes our duty to make special
provision for some that exist in our days, and of which we are, at
present, well aware. For while the virtue of God, by the sword of
his Word, extirpated all other heresies, root and branch, we have to
lament that the soil of our kingdom is still only defiled by the infamy
of the Jews. Therefore, to the end that we may establish peace in our
realm, by the spirit of God (which, indeed, seems folly to pagans, and
scandal to the Jews themselves), we, who believe in the virtues of
Christ, and the wisdom of God, for the sake of whose commiseration we
attempt, with pious intentions, to put an end to ancient errors, that
others may not arise in future ages; decree by this law, which shall be
forever observed, and by the mandate of the Holy Scriptures, that our
edicts, as well as those promulgated by our royal predecessors against
the perfidy and persons of the Jews, shall be forever inviolate,
and shall be obeyed for all time. And if anyone should violate said
laws, he shall be liable for the damages provided by them, and to the
punishments especially prescribed for their infraction.
=FLAVIUS RECESVINTUS, KING.=
=IV. Concerning the Extirpation of the Errors of the Jews in General.=
No Jew who has received the sacred rite of baptism shall renounce the
faith of the holy Christian religion, or blaspheme said faith, in
any way. No Jew shall impugn its precepts by deed or word; or speak
insultingly of it either secretly or openly. No Jew shall flee to
avoid being received into the Church, or conceal himself for such a
purpose, after having taken to flight. No Jew shall entertain the hope
of resuming his errors, or of performing the ceremonies of his infamous
belief. No Jew shall entertain in his heart any perfidy against the
Christian religion, and in favor of his own sect, or exhibit such
perfidy by word or deed. No Jew shall attempt to infringe, or oppose,
any regulations or laws of the Christians which have been published.
No one shall venture to conceal a Jew who is aware of the existence of
these offences which have been prohibited, or who has committed them.
No one shall delay to denounce a fugitive Jew when he is found, or to
reveal his hiding place. Any person who violates the provisions of the
aforesaid law, shall be subjected to the punishment prescribed for the
same.
=V. Jews shall not Celebrate the Passover According to their Custom.=
No Jew shall celebrate the Passover upon the fourteenth day of the
month, nor shall perform any of the ceremonies customary at such times.
Nor shall any Jew, in honor of his ancient, erroneous belief, observe
any festival days, great or small; or attempt their observance; or
desist from labor upon any holidays; or hereafter keep the Sabbath, or
any other sacred days prescribed by his rites, or attempt to do so.
Anyone detected violating this law shall be liable to the condemnation
and penalty prescribed for the same.
=VI. Jews shall not Contract Marriage According to their Custom.=
No Jew shall marry, or defile with adultery or incest, anyone nearly
related to him by blood. No Jew shall marry another within the seventh
degree of relationship; nor shall he desire or practice any other
nuptial ceremony than that customary among Christians. Whenever
detected, he shall be punished according to law.
=VII. Jews shall not Perform the Rite of Circumcision.=
No Jew shall circumcise another; nor shall a person who has permitted
himself to be circumcised be exempt from the operation of the law.
No slave, freeborn person, or freedman, native or foreigner, shall
practise or submit to this detestable operation. Whoever is proved to
have voluntarily performed, or submitted to it, shall be punished with
the utmost severity of the law.
=VIII. Jews shall not Divide their Food into Clean and Unclean,
According to their Custom.=
The blessed apostle Paul said, “To the pure all things are pure,” but
nothing is pure to those who are defiled, because they are unbelievers;
and, for this reason, the execrable life of the Jews and the vileness
of their horrible belief, which is more foul than any other detestable
error, must be destroyed and cast out. Therefore, no Jew shall make a
distinction between food which is clean and unclean, as established
by the customs and traditions of his ancient rites. No one shall
perversely refuse to eat food of any kind, whose condition is proved to
be good. No one shall reject one article of food, and accept another,
unless the distinction be such as is considered salutary and proper by
all Christians. Anyone detected in the violation of this law shall be
subjected to the punishment instituted for the same.
=IX. No Jew shall Subject a Christian to Torture.=
We especially decree, by the following law, that it shall not be lawful
for any Jew to testify against a Christian in any legal proceeding,
or business transaction, even though said Christian should be of the
lowest rank or a slave; nor shall a Jew prosecute a Christian, in any
action at law; or sue him upon any written contract; or subject him to
torture for any reason whatever. For it seems sacrilegious to prefer
an infidel to him who is a believer, and to subject the members of
the followers of Christ to torture inflicted by his adversaries. If,
however, Jews should have causes of action among themselves, they shall
have the right, under the law, to testify against each other; and to
put their slaves to the torture in the presence of Christian judges.
=X. No Jew shall Testify Against a Christian; and Under what
Circumstances the Descendants of Jews may Testify.=
If he who is convicted of having uttered a falsehood becomes infamous
in the sight of all men, with how much more reason should he be
excluded from giving testimony who denies the truth of the Divine
Faith? Jews, whether baptized or unbaptized, are therefore forbidden to
testify against Christians. The descendants of Jews, however, if they
are of good morals, and adherents of the Faith, shall be permitted to
give evidence among Christians; but not unless their morals and their
belief shall be vouched for by either the king, a priest or a judge.
=XI. No Jew shall Circumcise a Christian Slave.=
It shall not be lawful for a Jew to purchase a Christian slave, or to
accept of one as a gift. Should a Jew purchase such a slave or accept
of him as a gift and then circumcise him, he shall lose the price of
said slave, and the latter shall be free. The Jew who circumcises a
Christian slave shall forfeit all his property to the king. Any slave
of either sex who is unwilling to become a Jew, shall receive his or
her freedom.
=XII. Concerning the Penalties to be Inflicted for Offences Committed
by Jews.=
The following law is derived from others of great severity, which
have been enacted to punish the perfidy of the Jews; and it is hereby
decreed that whoever attempts to commit any of the crimes prohibited by
former laws, or contained in any amendments to the same, or presumes
to act in defiance of said laws, shall be either stoned to death,
or burned by such of his own countrymen as may have entered into an
agreement to do so. However, if the king, in his mercy, should decide
to spare the life of such a criminal, he shall be delivered up as a
slave to whomever the king may select, and all his property shall be
given to others; and this shall be done in such a way that the culprit
can never come into possession of his property again, or recover his
liberty in the future.
=XIII. Concerning Christian Slaves who are Known to have been Sold or
Liberated by Jews.=
To the most holy and blessed Agapius and Cecilius, bishops, and to
the judges of their districts, as well as to other ecclesiastics and
magistrates, of the provinces of Barbia, Ausgia, Sturgia, Viatula,
Tutigia, Gabrus, and Epagrus, greeting: The authority of the law
promulgated by our lord and predecessor, Recaredus, declaring that
Christian slaves shall under no circumstances remain in the power
of Jews, would be sufficient, if the depravity of the Jews had not
afterwards corrupted the minds of princes, and they had not demanded
and obtained benefits for themselves contrary to the principles of
justice. And that we may, with the assistance of God, promulgate a law
by which these frauds may hereafter be abolished, and for the reason
that, in past times, the edict of said king has been nullified, we
hereby decree: that if any Christian slave should be in the possession
of a Jew after this law is published, whether said slave should
have been set free or not, he shall have the same right as a Roman
citizen. And if said slave, through any unlawful act, should have been
transferred to the possession of any other person by an instrument in
writing, when he should have been liberated according to law, he shall
be given his liberty; the contract shall be cancelled; the price paid
for him shall be returned to the vendor; and said slave shall have a
right to pass his life in freedom, supported by his own labor, have his
name inscribed upon the public records, and be taxed according to an
equitable estimate of his property.
If any slaves should have been acquired by any just title, after the
time in which the law of said king was promulgated, their masters shall
have the right, until the Kalends of July, to sell, or liberate said
slaves, as they choose. Any Christian slaves who have been circumcised
by the Jews, at any time, or have joined their sect, shall be punished
as prescribed by law. Where such slaves as we have declared to be free,
are again reduced to slavery by the Jews, or are retained by them,
without being emancipated; the Jews, guilty of such offences, shall be
punished as in the case of freemen, where the latter are restrained
of their liberty. All Jews who have been converted to the Holy Faith,
shall be entitled to their share in the inheritance of their fathers.
Where sales have been made of slaves at a certain time, in the division
of the same there shall be no separation of parents and children, but
all shall be transferred together to the purchaser. Where a Jew has
been proved to have obtained property by fraud, from the ancestors of
any person, he shall be deprived of it, and it shall be forfeited to
the royal treasury. Any slaves belonging to the Jews, who have been
baptized, shall, with their children, be returned to their masters, and
be liberated by them; and any property they may have acquired shall be
given them along with their freedom. Those who have no property shall
be aided by the person who sets them free, as far as he is able to do
so; and said emancipated slaves shall be classed as other freedmen, and
shall be taxed in proportion to the property they own.
=XIV. Under no Circumstances shall Christian Slaves Attach themselves
to Jews, or be Admitted into their Sect.=
We provide for the health and safety of our subjects, and of all
other persons within the provinces of our kingdom, when we rescue the
adherents of our religion from the hands of infidels. For, by this
means, the orthodox faith will be greatly exalted, when the execrable
perfidy of the Jews shall no longer have power over Christians. The
fatal control of Jews over Christians should therefore be abominated,
and the people consecrated by the favor of God brought under the
influence of Divine Love. Therefore, we promulgate the following
law, to be forever obeyed, and admonish every royal officer, in all
future times: that, from the first year of our reign no Jew shall be
permitted to have a freeborn Christian, or a Christian slave, under
his patronage, or in his service. Nor shall a Jew be allowed to employ
any such person for hire, or avail himself of his services, under any
pretext whatsoever. A Jew shall, however, be permitted to sell his
slave, for a just price, to a Christian, under proper circumstances,
anywhere he resides within the limits of our kingdom. It shall not be
lawful to sell such slaves in foreign countries, unless it should be
proved that said slaves reside there. Where slaves sold by Jews into
foreign countries, as aforesaid, have no property of their own, the
vendor shall give to said slaves such sums as, in the opinion of the
purchaser, will be sufficient for supporting and clothing them; and
this is provided in order that a transaction concluded under the name
of purchase, may not appear to be exile.
Where a Jew wishes to free a Christian slave, he must do so in such a
way that the latter may attain the rank of a Roman citizen, to wit:
that, by the act of emancipation, no services shall be reserved for
the benefit of any Hebrew, or of anyone else; and that said liberated
slave may have the power to pass his life wherever he chooses, free
from all obligation to, or association with, the Jews. If, however, any
Hebrew should fraudulently sell or liberate a slave, and evidence of
said illegal act should be proved at any future time, and any damage
to the slave should result; where a freeborn person exposes such a
fraudulent transaction, he shall be entitled to all the property of the
parties, both vendor and purchaser, who perpetrated the fraud. Should
a Christian be concerned in such a proceeding, he shall be given as a
slave to whomever the king may direct; and where he has property, half
of it shall be confiscated for the benefit of the public treasury,
and the offender shall be branded with eternal infamy. Should a slave
detect a fraud of this kind, he shall be given his freedom, and shall
remain under the patronage of him in whose service he was until that
time; and in order that exact justice may be done, the master of said
slave shall receive another from the Crown in his stead, and, in
addition, shall be entitled to a pound of gold from him whose deceit
was exposed by the slave.
Where a Hebrew circumcises a Christian, or induces one to join his
sect, or perform any of his rites, he shall be beheaded; the informer
shall receive a proper reward; and the property of said Jew shall be
forfeited to the royal treasury. All slaves who are known to be the
issue of marriages between Christians and Jews, we hereby declare shall
be made Christians. And if such slaves as have been converted to the
Jewish religion should desire to remain in that perfidious belief, and
and should refuse to return to the true faith, they shall be scourged,
and scalped, in the presence of the assembled people, and delivered
up to whomever we may select, to remain in perpetual servitude. Where
the unlawful marital unions hereinbefore mentioned have already taken
place, we hereby decree that the infidel party to the same shall have
a right to embrace the true faith, should he or she desire to do so.
Should, however, said party refuse, the marriage shall be dissolved,
and the recalcitrant person shall be driven into perpetual exile. To
the other provisions of this law we add the following: that whenever
any Jew desires sincerely to embrace the Catholic faith, and has been
purified by the holy water of baptism, he shall be entitled to retain,
without molestation, all the property which he possessed at that time.
This edict we declare shall be in force, and shall be observed by all
our subjects throughout our dominions, after the Kalends of July of the
present year. If, after said date, a Christian slave should be found
in the possession of a Jew, half the property of said Jew shall be
forfeited for the benefit of the royal treasury, and said slave shall
be set at liberty; nor shall any Jew have any claim to the person or
property of said slave thereafter.
The aforesaid law which we, induced by piety and religion, have framed
for the benefit of our people and ourselves, we hereby decree, with
the aid of God, shall be forever valid. And may Christ, the Conqueror,
make all our successors, guardians of this law, victorious, and confirm
in the enjoyment of His kingdom those who He knows will faithfully
enforce it. While we are not of the opinion that its provisions will
be violated by anyone; nevertheless, should such a person exist, may
he who audaciously disobeys it, or does not reverently observe it, be
regarded by all men as the most infamous person of the century; may he
lose his life at the moment when he forms the detestable resolution to
break said law; and may he be oppressed by the accumulated mass of his
sins through all eternity, inasmuch as, by his transgression, he has
infringed this salutary decree. And, in the terrible time of the Day
of Judgment, reserved for the coming of the Lord, may the said culprit
be separated from the flock of Christ; and, placed at the left hand
with the Jews, be burned with eternal fire, with the devil for his
companion; in order that avenging punishment may be inflicted upon all
transgressors, and that true Christians may receive a rich and eternal
reward.
=XV. All Christians are Forbidden to Defend or Protect a Jew, by Either
Force or Favor.=
To the former laws, which we, and our predecessors, have promulgated
for the purpose of annihilating the perfidy of the Jews, it becomes
necessary to add the following one to sanction and strengthen those
which have been heretofore published. Now, after we have repudiated the
profane enemies of the Holy Faith, and put an end to the wicked schemes
of these perfidious wretches, it becomes necessary for us to confirm
those things which have already been done, and arrange them suitably
and in order; for, in the exact proportion as the skilful artificer
gives form to the invention of his genius, so, in just such proportion
does his work disclose the strength and beauty of his mind.
Therefore, lest the Jews should, by means of any artifice, and through
their unremitting perseverance, obtain the legal sanction for their
profane rites so much desired by them, we hereby decree that no
person belonging to any religious order or rank whatsoever, or any
of the royal officials, of high or low degree, or any individual of
any station or family, or any prince, or person in authority, shall
encourage any Jew, whether baptized or not baptized, to remain in the
practice of his detestable faith and customs; or shall conceal the fact
that he is doing so; or shall induce those who have been baptized to
return to the observance of their perfidious ceremonies. No one shall
attempt, under any pretext, to defend such persons in the continuance
of their depravity, even should they be under his patronage. No one,
for any reason, or in any manner, shall attempt by word or deed, to aid
or protect such persons, either openly or secretly, in their opposition
to the Holy Faith and the Christian religion.
If any bishop or other ecclesiastic should be guilty of such an
offence, or if any member of the laity should be convicted of the same,
he shall be excluded from the society of Christians, be excommunicated,
and forfeit the fourth of all his property, which shall be confiscated
for the benefit of the royal treasury. For it is eminently proper that
those should be separated from the communion of the faithful, and be
punished by the loss of their possessions, who reject the love of
Christ, and, in the aid of His enemies, infamously attack the truth.
The penalties for such offences shall remain the same as were provided
in a former law by King Sisibutus, of holy memory.
=XVI. Memorial of the Jews Presented to the King.=
To our most pious and noble lord and master, King Recesvintus: We,
Jews of the city of Toledo, who have hereto attached our signatures,
or seals, call your attention to the fact that formerly we were
compelled to present a memorial to King Chintilanus, of holy memory,
by which we bound ourselves to uphold the Catholic faith, as, in like
manner, we do now. But, whereas the perfidy born of our obstinacy, and
the antipathy resulting from our ancestral errors, influenced us to
such an extent that we did not then truly believe in our Lord Jesus
Christ, and did not sincerely embrace the Catholic faith, therefore,
now, freely and voluntarily, we promise Your Majesty for ourselves,
our wives, and our children, by this our memorial, that henceforth
we will observe no Jewish customs or rites whatever, and will not
associate, or have any intercourse with, any unbaptized Jews. Nor will
we marry any person related to us by blood, within the sixth degree,
which union has been declared to be incestuous and wicked. Nor will
we, or our children, or any of our posterity, at any time hereafter,
contract marriage outside our sect; and both sexes shall hereafter be
united in marriage according to Christian rites. We will not practise
the operation of circumcision. We will not celebrate the Passover,
Sabbath, and other festival days, as enjoined by the Jewish ritual.
We will not make any distinction in food, according to our ancient
usages. We will not observe, in any way, ceremonies prescribed by the
abominable practices and habits of the Hebrews. But, with sincere
faith, grateful hearts, and perfect devotion, we believe that Christ
is the son of the living God, as declared by ecclesiastical and
evangelical tradition; and we hereby acknowledge Him to be such, and
venerate Him accordingly. Moreover, all the ceremonies enjoined by the
Christian religion--whether said ceremonies relate to festivals, or
to marriage and food--we will truly and exactly observe; and we will
maintain the same with sincerity, without any objection or opposition
thereto; and without any subterfuge on our part, by means of which we
might hereafter deny our acts, return to what has been prohibited, or
not completely fulfil all that we have promised. With regard to the
flesh of animals which we consider unclean, if we should be unable to
eat the same on account of our ancient prejudices, nevertheless, when
it is cooked along with other food, we hereby promise to partake of
the latter with no manifestation of disgust or horror. And if, at any
time, we should be found to have transgressed, and to have violated
any of the promises hereinbefore specified; or should presume to act
contrary to the doctrines of the Christian faith; or if we should, in
word or deed, neglect to fulfil the obligations to which we have bound
ourselves, as being acceptable to the Catholic religion; we hereby
swear by the Father, Son and Holy Spirit, who form one God in the
Trinity, that, in case a single transgressor should be found among our
people, he shall be burned, or stoned to death, either by ourselves, or
by our sons. And should Your Majesty graciously grant such culprit his
life, he shall at once be deprived of his freedom, so that Your Majesty
may deliver him to be forever a slave to anyone whom Your Majesty may
select; and Your Majesty shall have full authority to make whatever
disposition of him and his property as may seem expedient; not only on
account of the power attached to your royal office, but also by the
authority granted by this our memorial. Made, in the name of God, at
Toledo, on the Kalends of March, in the sixth year of Your Majesty’s
happy reign.
=XVII. Concerning Judaizing Christians.=
As the crime of hypocrisy should be deplored by all Christians;
for the same reason it should be evident, that no person, under
any circumstances, is deserving of pardon, who is proved to have
renounced a good religion for a bad one. Therefore, because a cruel
and astounding act of presumption should be expiated by a still more
cruel punishment, we declare, by the following edict: that, whenever
it has been proved that a Christian, of either sex, and especially one
born of Christian parents, has practised circumcision, or any other
Jewish rite, or anything else forbidden by God, he shall be put to an
ignominious death by the zeal and co-operation of Catholics, under the
most ingenious and excruciating tortures that can be inflicted; that
he may learn how horrible and detestable that offence is, which he has
so infamously perpetrated. All the property of such a person shall
be confiscated for the benefit of the royal treasury, in order that
his heirs and relatives may not, through consenting to his errors, be
contaminated by them.
=XVIII. Concerning the Perfidy of the Jews.=
We learn from the Holy Scriptures, that Christ is called the Son of
God, and it is but just, and consistent with Christian doctrine, that,
as we present the favor of liberty to all true believers, we should
suppress infidels, even to the loss of their lives; and, in order that
the faith of Christ may increase in us to the utmost, the perfidious
doctrines of the Jews must be destroyed to the very foundation.
Therefore, in all devotion, we decree that henceforth, whenever a Jew,
of either sex, renounces the perfidy of his religion, and is converted
to the profession of the true Catholic faith and, repudiating the
errors of his rites and ceremonies, lives his life according to the
customs of the Christians, he shall be free from every burden and
disability, which formerly, when attached to the Jewish faith, he would
have been subject to for the public benefit; so that his privileges
will increase with his freedom from those exactions which are imposed
upon such as are blinded by the wickedness of their infidelity, and
controlled by the inherited errors of their ancestors. For it is
unjust that such persons as are known to have assumed the gentle yoke
of Christ, and the light burden of his religion, through sincere
conviction, should be oppressed with heavy taxation, or subjected
to the pecuniary burdens imposed upon other Jews. It shall be, in
every respect, lawful for all such persons who are true believers, to
engage in trade, and to carry on business transactions with Christian
customers; and if any Christian, not informed of the conversion of
said Jews, should desire to purchase anything of them, it shall not
be lawful for him to do so, until said converted Jews declare that
they are Christians, and recite for him the dominical prayer or the
Apostles’ Creed in the presence of witnesses; and, as true followers of
Christ accept or signify their willingness to partake of food used by
Christians.
If any hypocrite should be found among those converted to the Holy
Faith, he shall be condemned to slavery, and all his property shall be
confiscated for the benefit of the royal treasury. Such Jews, however,
as remain obstinate, and, in the perfidy of their hearts, refuse to
embrace the Catholic religion, we decree shall undergo the following
penalty, to wit: they shall not dare to go into foreign countries for
the purpose of commerce; nor shall openly or secretly engage in trade
with Christians, but shall only have the privilege of transacting
business with one another; and they shall pay the taxes imposed upon
them, as in such case provided; and shall pay to the public treasury,
out of their own property, the taxes due from those Jews who have been
converted. All slaves, buildings, lands, olive-orchards and whatever
other real property they are found to have acquired from sales by
Christians, or in any other manner whatsoever, although it may have
been in their possession for many years, shall be confiscated for the
benefit of the royal treasury, and the king shall have the absolute
disposal of the same. Should any Jew, who remains in infidelity,
dare to act contrary to this law, or to transact business with any
Christian, having been reprimanded, he shall be given to the Crown,
along with all his possessions, to be a slave forever.
We admonish all Christians, calling to witness the Divine Personage by
whose blood we have been redeemed, that none of them presume, in any
way, to transact business with such Jews as continue in the obstinacy
of their perfidious belief. Where a Christian commits such an offence,
if he is a person of superior rank or power, he shall pay three pounds
of gold to the royal treasury. And if anyone should buy from such
Jews anything that is worth more than twice what he paid for it, he
shall pay out of his own property, three times the value of the same,
along with the original price, to the royal treasury. If, however, a
person of inferior station should be guilty, he shall receive a hundred
lashes, and all the property which he is possessed of shall be given to
the king, who shall have the right to dispose of any, or all of it, at
his pleasure.[54]
TITLE III. CONCERNING NEW LAWS AGAINST THE JEWS,
IN WHICH OLD ONES ARE CONFIRMED, AND NEW
ONES ARE ADDED.
=I.= _Concerning Old Laws Enacted Against the Transgressions
of the Jews, and the Confirmation of the Same._
=II.= _Concerning Blasphemers Against the Holy Trinity._
=III.= _Jews shall not Absent themselves, or Remove their
Children or Slaves, to Avoid the Blessing of Baptism._
=IV.= _Jews shall not Celebrate the Passover According to
their Customs, or Practise Circumcision, or Induce
any Christian to Renounce the Church of Christ._
=V.= _Jews shall not Presume to Keep the Sabbath, or
Celebrate Festival Days, According to their Ritual._
=VI.= _Every Jew shall Cease from Labor on Sunday, and on all
Appointed Holidays._
=VII.= _Jews shall not make any Distinction in their Food,
According to their Custom._
=VIII.= _A Jew shall not Marry a Person Nearly Related to him
by Blood, or Contract Marriage without the Benediction
of a Priest._
=IX.= _Jews who Insult our Religion, while Attempting to
Defend their own Sect, shall not Betake themselves
Elsewhere; nor shall Anyone Shelter them while
Fugitives._
=X.= _No Christian shall Accept a Gift from a Jew, to the
Detriment of the Christian Faith._
=XI.= _Jews shall not Dare to Read Such Books as the Christian
Faith Rejects._
=XII.= _Christian Slaves shall not Serve, or Associate with,
Jews._
=XIII.= _Where a Jew Declares that he is a Christian, and, for
this Reason, does not wish to Dispose of a Christian
Slave._
=XIV.= _The Confession of Jews; and In What Way Each One of
Them, who is Converted, must Write Down the Proof of
his Conversion._
=XV.= _Conditions under which Jews must Make Oath, when,
having been Converted, they give in their Confession
of Faith._
=XVI.= _Concerning the Christian Slaves of Jews, who have not
Proclaimed Themselves Christians, and those who
Expose Them._
=XVII.= _No Jew, under any Authority whatever, shall Dare to
Oppress, Punish, or Imprison a Christian, Except by
Order of the King._
=XVIII.= _If Slaves of Jews, not yet Converted, should Claim
the Grace of Christ, they shall be Liberated._
=XIX.= _Jews shall not Rule Christians under the Authority
of Mayors of Towns, or of Superintendents of Estates;
and Concerning the Penalties to be Imposed upon Such
as Appoint them to Office._
=XX.= _Where a Jew comes from Another Country into any of the
Provinces of Our Kingdom, he Must, at once, Present
himself before a Bishop, a Priest, or a Judge; and
What shall be Done under the Circumstances._
=XXI.= _How Assemblies of Jews shall Visit the Bishop on
Appointed Days._
=XXII.= _Where Anyone has a Jew in his Service, and a Priest
Demands him, the Master shall not have a Right to
Retain said Jew._
=XXIII.= _All Restraint of and Control over the Jews shall be
Vested in the Priesthood._
=XXIV.= _Concerning the Penalties to be Imposed upon Priests
and Judges who Neglect to Enforce the Laws against
the Jews._
=XXV.= _No Judge shall Presume to Investigate the Offences of
the Jews without the Knowledge of an Ecclesiastic._
=XXVI.= _Bishops shall be Immune from Punishment, when their
Priests do not Inform them of Such Things as Should
be Corrected._
=XXVII.= _Concerning the Mercy to be Shown by Princes towards
Those who have been Truly Converted to the Christian
Faith._
=XXVIII.= _Bishops shall Give to all Jews a Copy of this Book,
which has been Published for the Purpose of
Correcting their Errors; and their Confessions and a
Record of their Conversion, shall be Deposited among
the Archives of the Church._
=I. Concerning Old Laws Enacted Against the Transgressions of the Jews,
and the Confirmation of the Same.=
The perfidy and cunning of the Jewish heresy increases in criminality,
in the same proportion as attempts are made to abolish it by law.
And, as we are about to promulgate new edicts for the suppression of
these errors, it is now proper to first confirm those which have been
enacted by our predecessors; and in order the better to adapt the same
to the offences of the Jews, it is necessary for us to revise all
preceding edicts; so that, in this way, the new laws being collated
with the old ones, those which should be approved may be confirmed,
as is fitting; and, at the same time, the new statutes may be drawn
up so that they shall not conflict with those already in force, but
that all may be united, and the entire body of laws made clear for
the administration of justice. Thus, whenever edicts already in force
may be judged worthy of confirmation, and whatever new edicts we may
think it advisable to promulgate, may both become more manifest, and,
in this manner, by the application of both classes of laws, the truth
may be the more readily established. For example, we have found a law
among those formerly promulgated, which declares that all heresy must
be eradicated. It is reasonable and evident, however, that this must
be added to and amended, in such a way that if anyone induced by the
insanity of unbelief should treat with contempt any of its provisions,
no matter to what rank or station he may belong, and should attempt to
defend any perverse dogma in public, he shall be subjected to severe
penance, exiled, and his property confiscated for the benefit of the
king; and even if he should, at any time, renounce the errors of
his perverse sect, he shall under no circumstances be permitted to
return from exile; and his property shall be irrevocably held by those
upon whom the king has bestowed it. Where any Jew, deluded by blind
ignorance, retains the errors of his sect in his heart, and evinces a
disposition to defend the same, either by word or deed, he must go to
the bishop, or some priest of the district, for instruction; and the
latter must explain to him the precepts of religion, and, with the
consent of the metropolitan, also give him the formulas of doctrine
and the rules of faith. If any heretic, after having been instructed
as aforesaid, should still persist in his error, he shall be liable to
the penalty imposed by a preceding law; that is to say, the one which
is provided for those who publicly defend their own sect, in opposition
to our religion. And we hereby especially confirm such laws as are
directed against the offences of the Jews, to wit: such as have been
enacted concerning the wickedness of the Jews, or for the purpose of
eradicating their errors. Thus, Jews shall no longer celebrate the
Passover, according to their customs; or presume to marry, as formerly;
or practise circumcision; or distinguish food as clean and unclean;
or presume to torture Christians, or to testify against them, and no
Jew shall circumcise a Christian slave. All Christian slaves who have
been either sold or set at liberty by Jews, shall at once receive their
freedom unconditionally, and under no circumstances shall a Christian
slave remain in the service of a Jew. Concerning the law by which all
Christians are forbidden to protect a Jew, we decree that no Christian,
under any circumstances, by any act or favor, shall attempt to shelter
or defend a Jew; or shall presume to conceal a judaizing Christian. We,
therefore, decree that the severe laws formerly promulgated to suppress
the perfidy of the aforesaid Jews shall remain in force, for all time;
with the exception of such as are referred to in the two following
chapters, which have been found to be contradictory to the others, as
well as opposed to the principles of justice, and to our ordinances;
and we hereby declare, in the plenitude of our wisdom, that said laws
shall remain irrevocable and forever in force, provided they in no wise
conflict with such others as we may hereafter promulgate. In respect
to such edicts as seem to us improper and conflicting, the following
two are repugnant to reason and to our institutions; wherefore they
shall, henceforth, not be observed and shall have no force or effect
in law. The first of these is that whereby the detestable power of
liberating Christian slaves is bestowed upon the Jews. The second we
condemn, because it subjects to the same penalty those who are guilty
of different offences. While there are different degrees of guilt
according to the laws, the latter do not always impose different
penalties, but many crimes are treated alike, and each offence is not
punished according to the measure of its guilt; for it is evident that
crimes of greater and less gravity should not be punished in the same
manner; especially as our Lord has said in the Divine Law that the
penalty shall be in proportion to the offence; and, therefore, this law
which prescribes the penalty to be inflicted for the transgressions
of the Jews shall be hereafter considered of no validity and effect;
for the reason that God does not desire the death of His creatures
or rejoice in their perdition, but wishes that they may live in Him
through their redemption. Henceforth we shall devote ourselves to the
restraining of all malice; to the suppression of infidelity; and to the
eradication of all profane doctrines; and we shall boldly resist the
attacks of our enemies, and overwhelm them with the weapons of Divine
power.
=II. Concerning Blasphemers Against the Holy Trinity.=
If God in the Holy Scriptures, declares that whoever insults his
brother is worthy of punishment, and as the sentence of Divine justice
condemns him as a still greater transgressor who sins against the Holy
Spirit, how much more unpardonable shall he be who, in the future,
shall denounce the Saviour Himself! Therefore, if anyone should
blaspheme the name of Christ, the Son of God, and speak with contempt
of His holy body and blood as a sacrament, and should refuse to partake
of the same, or, having partaken of it, should cast it away; or should
utter any blasphemy against the Holy Trinity, that is to say, against
the Father, Son, and Holy Ghost; the blasphemer shall have his head
shaved, and receive a hundred lashes, by order of the priest or judge
in whose diocese or district said crime was committed, and the culprit
shall also be placed in chains, and be condemned to endure the misery
of exile. The property of said offender shall be given to the king, and
shall remain irrevocably in the possession of those upon whom he may
choose to bestow it.
=ERVIGIUS, KING.=
=III. Jews shall not Absent themselves, or Remove their Children or
Slaves, to Avoid the Blessing of Baptism.=
While Divine truth teaches us to seek, to investigate, and to knock at
the door, that it may be opened unto us, admonishing us, at the same
time, that violent men shall not inherit the kingdom of Heaven, it
is evident that those will not merit Divine favor, who do not exert
themselves to that end, with their entire hearts. Henceforth, where any
Jew of those who have not yet been baptized, or have themselves delayed
their own baptism; or have, under any pretext, neglected to send their
children or slaves to the priest, in order to be baptized; or have
removed their slaves in order to avoid their baptism; and the said Jew,
after the lapse of one year from the promulgation of this law, shall
not have been baptized; said transgressor, whoever he may be, shall
receive a hundred lashes, and, having had his head shaved, shall be
driven into exile. His property shall be forfeited to the king, and
shall be bestowed upon whomever he may direct, as the life of said Jew
has shown him to be obstinate and incorrigible.
=ERVIGIUS, KING.=
=IV. Jews shall not Celebrate the Passover According to their Customs,
or Practice Circumcision, or Induce any Christian to Renounce the
Church of Christ.=
If the obstinate perfidy of the Jews had observed the law, and the
substance rather than the shadow of the truth, the crucifixion of
the Lord of Glory would never have occurred. For our Passover is
designated by the sacrifice of Christ; and if He rejoices in the
circumcision of our hearts, that symbolic operation ought in no way
to be performed in the flesh; for the prophet has said, “Circumcise
the Lord, and remove the prepuce from your hearts.” Therefore we, not
regarding the shadow of truth aforesaid, but relying upon the promises
of truth itself, decree that the following shall be observed: that
when any Jew celebrates the Passover according to the rites of his
religion, he shall receive a hundred lashes, be scalped, and be driven
into perpetual exile, and his property shall be confiscated for the
benefit of the royal treasury. Whoever shall circumcise either a Jew
or a Christian, shall be mutilated;[55] and his property shall be
confiscated for the use of the royal treasury. Should any woman presume
to practise the operation of circumcision, or should present anyone to
another person to be circumcised, she shall have her nose cut off, and
all her property shall be given to the king. They, also, shall undergo
a similar penalty who cause a Christian man or woman to renounce the
faith of Christ, or induce anyone to return to the practice of the
false doctrines of the Jews.
=V. Jews shall not Presume to Keep the Sabbath, or Celebrate Festival
Days, According to their Ritual.=
The delusive phantoms of error having disappeared, it is now incumbent
upon us to labor unceasingly; for what other course is open to the
lovers of truth? The Lord, speaking by the mouth of His prophet, has
denounced this heresy in the following terms: “My soul abhors your
Passover, your Sabbath, and all your ceremonies.” Wherefore, as we have
been admonished by the apostle, that we should rather act according to
the new spirit, than follow the ancient letter of the law, we hereby,
in all faith and earnestness, give notice to the infidels, that if any
Jew should presume to celebrate the appearance of the new moon, or the
Festival of Tabernacles, or the Sabbath, or any holidays, or should
observe any other rites or ceremonies of his worship, he shall receive
a hundred lashes, shall have his head shaved, and shall be subjected
to the misery of exile, and all his property shall be forfeited to the
king; with the condition, however, that should he be converted at any
time, it may be restored to him; but if not, it shall remain in the
possession of those upon whom it has been bestowed.
=VI. Every Jew shall Cease from Labor on Sunday, and on all Appointed
Holidays.=
There is no doubt that he is plainly an enemy of the Catholic religion
who does not treat Sunday with due reverence. Hence, while we are
pursuing those who deny or disobey our faith, we hereby decree with
Divine sanction, that if any Jew, of either sex, should do any work
on Christmas, or on any other sacred holiday, or on Sunday, or should
spin, or weave, or perform any labor beyond that which the honorable
custom of good Christians permits; such a transgressor shall have his
head shaved, and shall receive a hundred lashes for his insolence;
and where slaves, of either sex, are found occupied in such labors,
they, also, shall be liable to the punishment aforesaid. The masters
of said slaves, where they permit them to labor in this manner, shall
be compelled to pay a hundred _solidi_ to the royal treasury.
Those days which shall be devoutly observed by the Jews, are the
following, to wit: the Festival of the Holy Virgin Mary, during which
the glorious Conception is celebrated; the Festivals of the Nativity
and Circumcision; Holy Week and Easter; the day of the Discovery of
the Cross; the Day of the Ascension; Pentecost; Sundays throughout the
entire year; and all the days that are venerated by true believers in
the doctrines of Christ.
=VII. Jews shall not make any Distinction in their Food, According to
their Custom.=
The detestible Jewish custom, viler than any other superstition,
dividing food into clean and unclean, accepts the former, while it
rejects the latter. Whoever is convicted of the commission of the
error of this practice, that is to say, who acts differently from the
custom observed, under similar circumstances, by all true Christians,
shall receive a hundred lashes and be scalped, by order of the judge in
whose district the offence was committed. The provisions of this law
shall be observed in every respect concerning drink, as well as food;
and the punishment hereinbefore specified shall be inflicted upon all
who abstain from the wines or other beverages of Christians. In regard
to the flesh of swine, we hereby decree that no distinction shall be
made on account of religious prejudice; but if any Jew should avoid
such food through natural abhorrence, and not from a regard to the
usages of their perverse sect, especially if their behavior, in other
respects, is similar to that of Christians, and if they have embraced
Christianity, and observe its rules, and are known to be sincere
believers, they shall not be liable to punishment under the aforesaid
law, merely because they have rejected the flesh of swine; for the
reason that it appears contrary to justice, that those whom the faith
of Christ has openly ennobled, should be rendered liable to punishment
on account of their rejection of a single article of food.
=VIII. A Jew shall not Marry a Person Nearly Related to him by Blood, or
Contract Marriage without the Benediction of a Priest.=
No Jew, of either sex, shall be permitted to marry a relative, either
on the side of the wife or the husband, within the sixth degree,
except according to the law imposed upon Christians; nor shall any
Jew commit the crime of incest by marriage with a near relation.
Those who violate the law by such an illicit union, shall undergo the
following punishment, to wit: having been separated from one another
each party shall receive a hundred lashes; they shall have their
heads shaved, be subjected to severe penance, and then be driven into
exile; their property shall be given to such children as they may have
had by a preceding marriage--provided the latter have been in no way
contaminated with the Jewish superstition, or polluted with the infamy
of incestuous marriage. If, however, they should have no children,
or, having them, the latter should be tainted with the Jewish error,
or with the crime of incest, as aforesaid, then the property of said
offender shall be forfeited to the king. The following, moreover, we
direct shall be carefully observed in every respect, namely: that if
any Jew, of either sex, after being converted, should desire to marry,
he or she shall not be allowed to do so, unless a dowry is given, and
a marriage contract entered into, as has been prescribed in the case
of Christians; nor shall such ceremony be permitted, where it is not
accompanied with the sacerdotal benediction within the bosom of the
Church. If any Jew should marry without the benediction of the Church,
as aforesaid, or should transgress, in any way, the provision of the
law relating to marriage contracts, said Jew, after purification by
baptism, shall be compelled to pay a hundred _solidi_ to the king,
or shall receive fifty lashes in public. Each of the persons aforesaid,
that is to say, the husband as well as the wife, shall be liable to
said penalty or fine; and the parents of said parties shall also be
liable to the same punishment for their infraction of the law.
=IX. Jews who Insult our Religion, while Attempting to Defend their own
Sect, shall not Betake themselves Elsewhere; nor shall Anyone Shelter
them while Fugitives.=
If any Jew should presume to offer an insult to the Christian religion;
or, by arguments, should induce anyone to abandon the Christian faith;
or should defend the weakness of his own sect; or, while fleeing from
the doctrines of the Christian religion, should conceal himself in any
part of our kingdom; or should escape to foreign countries, for the
purpose of concealment; or if anyone should offer a hiding-place to a
transgressor of this law, knowing he is a fugitive; any of said parties
guilty of any of the above-named offences, shall be punished with a
hundred lashes, have his head shaved, and, after his property has been
confiscated for the benefit of the king, shall be subjected to the
miseries of slavery.
=X. No Christian shall Accept a Gift from a Jew, to the Detriment of the
Christian Faith.=
Let him be considered as violating the rules of the Christian faith
who pretends to be a defender of that faith, and, at the same time,
defiles the truth by the acceptance of improper gifts; and let him
hear what the Lord has said against him by the mouth of his prophet:
“For the reason that you have sold the just man for silver, and the
poor man for the price of your sandals, behold I will thunder over you
as thunders a wagon loaded with hay; and he who is swift will lose
his power of flight; and the strong man will lose his strength; and
he who is brave, his courage; and he who wields the bow, shall not
stand; and he who runs shall not be saved by his swiftness; and the
rider shall not escape; and he who is strong of heart shall flee naked
among the brave.” Who, then, is meant by the just man who was sold for
silver, and the poor man for the price of your sandals, unless the
only begotten Son of God the Father, whose innocent blood was formerly
sold by the Jews for thirty pieces of silver, and is even now daily
sold by those who pervert and deny the truth? And, indeed, there are
certain of the people who, influenced by zeal for the faith, and by the
most righteous intentions, promise to detect and punish the offences
of the Jews, who are, nevertheless, corrupted by the common vice of
avarice. For when, perchance, they have received gifts of some kind
from these perfidious infidels, they unlawfully hold their peace, and
those whom they formerly promised to expose and bring to justice,
after the acceptance of a paltry bribe, they permit to go unpunished.
Wherefore, we hereby decree that it shall be lawful for no Christian
of whatever lineage, rank, or degree, whether he belong to the clergy,
or to the laity, to receive a gift from a Jew, of either sex, or from
any intermediary of the same, as a reward for acting against the
faith of Christ; or to implicate himself in any other act against the
interests of the Christian religion by the defence of such persons, for
the sake of a reward. And if any person should be corrupted by the
acceptance of any such gift, or should conceal the notorious errors of
the Jews, and should interpose any obstacle whatever, in order that
such wickedness may go unpunished, he shall be liable to the penalties
laid down by the ancient Fathers, and shall pay double as much to the
treasury as he shall have been proved to have received from the Jew.
=ERVIGIUS, KING.=
=XI. Jews shall not Dare to Read Such Books as the Christian Faith
Rejects.=
To show favor to those readers whom it is not right to assist, is
rather a mark of wickedness than of piety. For this reason, where any
Jew reads books, or studies doctrines, in which the Christian faith is
denied, or keeps or conceals such books in his house, he shall either
receive a hundred lashes in public, or shall have his head shaved.
Let all persons be cautious and beware of having books containing
such doctrines in their possession, or of studying the same, or of
even meditating upon them. And if, henceforth, anyone should attempt
to repeat such an offence, he shall receive a hundred lashes, shall
have his head shaved, and shall be condemned to perpetual exile; and
because he has committed the offence a second time, he shall also
lose his property, which shall be bestowed upon whomever the king may
direct. Those shall be liable to a similar penalty, who presume to
instruct children in the false doctrines contained in such books; and
the teacher himself, when detected in the first transgression, shall
receive a hundred lashes, and have his head shaved, and shall bind
himself by a written agreement never to teach such doctrines again.
If, after this, he should violate his agreement, and attempt to repeat
what he had formerly renounced, all his property shall be forfeited to
the king, and he himself shall receive a hundred lashes, shall have his
head shaved, and be condemned to perpetual exile. All children under
ten years of age, who are proved to have studied said false doctrines,
shall be exempt from the penalties aforesaid. But any child over the
age of ten years, who studies or meditates upon such doctrines, shall
be liable to the fines and punishments hereinbefore mentioned.
=XII. Christian Slaves shall not Serve, or Associate with, Jews.=
It truly seems a crime of no small importance to the society of
Christians, that the impious Jewish race, always rebellious against the
rule of God, should have Christian slaves in their service, and, on
the other hand, that an honorable adherent of the Christian religion
should be humiliated in the presence of the children of infidels; that
thus the body of Christ should appear to do homage to the ministers
of Antichrist; and that, through a monstrous regulation, those very
persons who are contending, by means of their customs, against our
religion, should have the services of slaves attached to our Holy Faith
subject to their impiety and errors. For which reason, we decree that
henceforth the law promulgated by our glorious predecessor, Sisebutus,
of holy memory, shall, in cases of this kind, remain in full force, and
we hereby confirm the same except the clause by which the penalty of
death is imposed; the said law being the one whereby our predecessors
have placed all transgressors of the same under a perpetual curse.
No Jew shall presume to have in his possession a Christian slave; nor
shall he dare to commit any breach of the provisions of this law, with
this sole exception, which is sanctioned by the same, to wit: that a
Jew shall have the power to liberate a Christian slave; because it
is highly unworthy that those who are the adherents of a perfidious
sect should be able to confer freedom upon Christians. For it is not
consistent that the darkness should obscure the light, or that he who
is himself a slave, should bestow the blessing of liberty; especially
as this law was promulgated at the time the Jews were first summoned to
conversion, and this privilege was then conceded to them. Now, however,
we declare that no Jew shall set a Christian slave at liberty, because
it is contrary to this edict, and all such as are proved to have in
their possession Christian slaves, are transgressors of the law; and
sufficient indulgence is shown them if they are not condemned for their
transgression. Therefore this privilege is entirely denied them, for
the reason that they presume to act against the rules and canons of the
Church. We, however, for the sake of mercy, concede to them that from
the first year of our reign, that is to say, for the space of sixty
days from the Kalends of February, every Jew shall have the right to
sell his Christian slaves, but not without the approval of the priests
or judges having jurisdiction over the diocese, or the district to
which said slaves belong, in order that the slaves who are sold may not
undergo the penalty of death, and that the vendors may not, in some
way, seek an opportunity for the commission of fraud, or the infliction
of revenge. Therefore, when the sixtieth day from the aforesaid
Kalends shall have elapsed, it shall not be lawful for a Jew to have
a Christian slave, or any other Christian, in his service. After that
time, that is to say, the period of sixty days, if any Christian
slaves should be found in the possession of a Jew, they shall be free,
and shall have a right to all property which has been bestowed upon
them by their master, as provided by this law; and said slaves shall
be entitled to their freedom, even if it should be proved that they
have been forcibly concealed by their master. All Jews who, after the
expiration of the aforesaid time, presume to keep in their possession,
or conceal, any Christian slaves, or, in any way whatever, attempt to
evade the provisions of this law, shall forfeit half of their property
to the royal treasury; or, if they are persons of inferior rank, and
have not the means wherewith to make reparation, they shall each
receive a hundred lashes, and have their heads shaved.
=ERVIGIUS, KING.=
=XIII. Where a Jew Declares that he is a Christian, and, for this
Reason, does not Wish to Dispose of a Christian Slave.=
Where a Jew, fearing that he will lose his property, fraudulently
asserts that he has been converted to Christianity, and protests that
he ought not to lose his Christian slaves, for the reason that he
has been leading a Christian life, it devolves upon us to provide,
by these laws, that the astuteness of fraud does not prevail, on
the one hand, or sincere conversion suffer injury on the other. We,
therefore, decree that all Jews throughout our kingdom shall have the
right conceded by a former edict, to sell their Christian slaves, from
the Kalends of February, in the first year of our reign, until the
approaching Kalends of April; and, should they wish to retain said
slaves, they must prove themselves to be Christians, as prescribed
by law. We grant to all Jews, against whom there exists no evident
suspicion of perjury, the space of sixty days from the Kalends of
April during the present year, during which time such as desire to be
saved, and wish to unite with the Christian communion, may do so; and
we direct such persons to visit the bishop of the diocese, and publish
their confession of faith, to which their signatures or seals shall be
attached, in which confession each Jew shall declare that he abjures
all the errors of his sect, and that he will in no way again observe
or embrace any of its false doctrines. Every Jew who renounces his
former errors, and is converted to the holy faith of Christ, shall
inscribe in his confession the Christian symbol; shall promise that
he will under no circumstances return to his errors, as he would to
his vomit; and shall profess that henceforth he will, in compliance
with the terms of his written confession, in no way change anything
which we have included in this law. And the aforesaid confession he
shall make, not merely with bare words and promises, declaring one
thing openly, while he secretly retains another in his heart, while
his artifice, cloaked by his promises, has more control over him than
the truth. Bishops and judges shall use every effort to ascertain
whether said confession is genuine or not, and that those who swear to
it, according to the law, do so with sincere, and not with deceitful,
hearts. All who act honestly, and whose profession, together with their
works, prove them to be worthy of the Holy Faith, and whose promise
under oath establishes that they are devout Christians, can have the
use of Christian slaves. Christian slaves shall not be subjected
to the control of Jews unless the latter are openly proved to be
Christians, use Christian food, and contract marriage according to
Christian customs. Any of said persons, however, who, after having
made confession and been sworn, thereby dedicating themselves to
Christianity, as aforesaid, are found to have broken their promises by
the practice of any rite of the Jewish sect; for the reason that they
dared to profane the name of God, and pollute themselves with the filth
of Jewish error, shall forfeit all their property to the king, shall
each receive a hundred lashes, and, having had their heads shaved,
shall be subjected to the miseries of exile which they have so justly
deserved. All those who, obdurate of heart, and blinded by malice,
neglect to make public confession of faith within the period aforesaid,
or presume to have in their possession a Christian slave after the time
prescribed by law has elapsed, shall be liable to the condemnation of
the former law, relating to Christian slaves remaining in the service
of Jews, to wit: half of their property shall be confiscated for the
benefit of the royal treasury, or, should they be persons of inferior
station, and not have the means to make reparation, as aforesaid, they
shall each receive a hundred lashes, and have their heads shaved. All
Jews who retain possession of Christian slaves, and do not deliver up
said slaves within the prescribed time, shall be reduced to perpetual
slavery, and belong to those upon whom the king shall see fit to bestow
them.
=XIV. The Confession of Jews; and In What Way Each One of Them, who is
Converted, must Write Down the Proof of his Conversion.=
I hereby renounce all the rites and observances of the Jewish sect,
and, without reserve, express my utter abhorrence of all their
ceremonies and solemnities which I have practised and kept in former
times, until now; and I pledge myself that I will, hereafter, observe
none of said rites or ceremonies, nor will adhere to any of my former
errors; that is to say, I will not retain them in my mind, or, in any
way, carry them into effect. Henceforth, renouncing all things which
are condemned and prohibited by the doctrines of Christianity:--
I believe in one God, the Omnipotent Father, Maker of Heaven and earth,
the Creator of all things visible and invisible, and in our Lord
Jesus Christ, the only son of God, begotten by the Father before all
the centuries; God of God, light of light, the true God of the true
God, born not made, equal to the Father, that is to say, of the same
substance as the Father, by whom all things were created both in Heaven
and earth. And I believe in Him who for the sake of man, and for our
salvation, descended from heaven, and, born of the Holy Spirit and the
Virgin Mary, became a man in the flesh; suffered under Pontius Pilate;
was crucified, dead, and buried; who arose on the third day, ascended
into heaven, and sitteth at the right hand of God the Father; who
shall come again in his glory to judge the living and the dead, and to
whose reign there shall be no end. I believe in the Holy Spirit, the
regenerator, proceeding from the Father and the Son, who spoke by the
mouth of the prophets. I believe in the Holy Catholic Apostolic Church,
I confess that there is but one baptism for the remission of sins, and
I believe in the resurrection of the dead, and in life through all
coming ages. Amen.
I sincerely believe in all the things hereinbefore written, and I
promise that I will keep them faithfully, and that I will embrace them
with all the affection of my soul, and, subscribing my name thereto,
I promise that I will never again return to the vomit of the Jewish
superstition; and that I will never practise, or retain in my heart,
any of the rites or ceremonies which the Jews are accustomed to
observe; wholly renouncing the Jewish sect, rejecting in its entirety
the perfidy of the Jews, and abjuring whatever is contrary to the
Christian faith. And, hereafter, I will always profess belief in the
Holy Trinity, so that I may live as I ought, according to Christian
customs, and that, avoiding in every way the company of Jews, I may
always associate with honest Christians. Likewise, I promise that I
will always partake of food with Christians, or accept it from them;
and that I will, as a faithful and devoted Christian, frequently go
to the house of God; and I also promise that I will devoutly take
part in the services of Sunday, and in the festivals of martyrs, as
enjoined by the Christian religion; and that I will be present with
true Christians on all festival days which the Church has ordered shall
be observed with love and devotion, and will participate in all the
ceremonies prescribed by the Christian faith. This, the profession of
my faith and belief, is made upon such and such a day.
=XV. Conditions under which Jews must Make Oath, when, having been
Converted, they give in their Confession of Faith.=
I swear first by God the Father Omnipotent, who said, “By me shalt
thou swear, and shalt not take the name of the Lord thy God in vain”;
who made Heaven and earth, the sea and all that in them is; who placed
a boundary to the ocean, saying, “thus far shall thou come, and here
shall thy swelling waves be broken.” Who also said, “Heaven is my
throne, and the earth my footstool.” Who cast down the first and
proudest angel from Heaven; before whose eyes the entire celestial host
stood trembling; whose glance dried up the waters of the abysses, and
whose wrath caused the mountains to melt away. Who placed Adam, the
first man, in Paradise, and ordered him not to eat of the forbidden
fruit, and who, having eaten it, He cast out of Paradise, and bound
him, as well as all the human race, with the fetters of disobedience;
who freely accepted the sacrifice of Abel, and worthily rejected that
of Cain; who received in Paradise Enoch, together with Elias, in the
flesh, before their time was accomplished upon earth; who, at the
time of the flood, deigned to save Noah and his wife, and their three
children and their wives, with the animals, and the birds of the air,
and the reptiles, whereby the race of each was preserved; who caused
Shem to be born of Noah, and from him Abraham, and from Abraham the
Israelites to be derived; who chose the Patriarchs and Prophets, and
blessed the Patriarchs, Abraham, Isaac and Jacob. I swear by Him who
made the promise to the holy Abraham, saying, “in thy seed all nations
shall be blest,” and gave him the symbol of circumcision, as an eternal
covenant. I swear by the God who overthrew Sodom and Gomorrah, and
turned the wife of Lot, who looked backward, into a pillar of salt. I
swear by Him who strove with Jacob, and, touching his thigh, caused him
to become lame, saying, “thou shalt henceforth not be called Jacob,
but Israel.” I swear by the God who liberated Joseph from the hands
of his brethren, and caused him to find favor in the eyes of Pharaoh,
and by whom all Israel was saved from famine. I swear by the God who
rescued Moses from the waters, and appeared to him in the burning bush,
and who, by his hands, brought the ten plagues upon the Egyptians;
and who liberated his Jewish people from Egyptian slavery, and caused
them to traverse the Red Sea with dry feet, when the waves, contrary
to their nature, stood, as a solid wall, upon either side. I swear by
the God who drowned Pharaoh and his army in the Red Sea; and who, as a
pillar of cloud by day, and of fire by night, guided the Hebrews in the
wilderness. I swear by the God who, upon Mount Sinai, gave the law to
Moses written in His own hand, upon tables of stone. I swear by the God
who made the mountain of Sinai to smoke in the sight of the Children
of Israel. I swear by the God who chose Aaron for His first priest,
and consumed the sons of the latter with fire, in the tabernacle,
because they offered strange sacrifices before the Lord. I swear by the
God who, by His just judgment, caused the earth to gape and swallow
up alive Dathan and Abiran. I swear by the God who caused the bitter
waters to become sweet by casting twigs into the same. I swear by
Him who, through Moses striking the rock with his rod, caused great
torrents to gush forth, to refresh the thirsty Jewish people. I swear
by Him who, for forty years, fed the Israelites in the wilderness,
and preserved their clothing entire, so that it did not wear with the
using. I swear by Him who declared by His irrevocable mandate, that
none of the Children of Israel should enter the promised land, except
Joshua-Ben-Nun, and Caleb, whom he promised and predicted should enter
there; for the Israelites did not believe the word of God. I swear by
Him who declared to Moses that he would raise his hand, and the Jewish
people would be victorious over the Malekites. I swear by Him who
ordered our fathers to cross the River Jordan, and to take ten stones
from that river as a testimony. I swear by Him who ordered all Israel,
when they passed over the River Jordan, to be circumcised with knives
of stone. I swear by Him who overthrew the walls of Jericho. I swear
by Him who decorated David with the splendor of royalty, and rescued
him from the hands of Saul, and of his son Absalom. I swear by Him who
filled the temple with a cloud, and poured out His blessings therein.
I swear by Him who carried up the prophet Elias in a whirlwind and
a fiery chariot, from earth to the throne of glory; and by Him who,
at the prayer of Elisha, and with a stroke of the garment of Elijah,
divided the waters of the Jordan in twain. I swear by Him who preserved
the three young men in the furnace of burning fire, before the eyes
of a hostile king, He who holds the key of David, and who closes what
no one shall open, and opens what no one shall close. I swear by Him
who performed all miracles, and displayed all virtues and all signs,
among the Hebrews, or among other nations. I swear by Him, and by the
ten sacred commandments of the law. I swear by Jesus Christ, the Son
of the Omnipotent Father, and by the Holy Spirit, the Paraclete, which
is one of the Trinity and the true God; and by the holy resurrection
of our Lord Jesus Christ, and by His ascension into Heaven, and by
His glorious and terrible coming, when He shall judge the quick and
the dead, showing Himself merciful to the just, and terrible to the
wicked; and by the holy body and precious blood of Him who opened the
eyes of the blind, and made the deaf to hear; restored paralytics to
health; loosened the tongues of the dumb; healed those possessed of
the devil; made the lame to run, and raised the dead; who walked upon
the waters; who resurrected Lazarus, whose flesh was already decayed,
restored him to life and strength, and changed sorrow into joy; who is
the Creator of the world, the origin of light, the source of vigor; who
illuminated the world by His birth, and redeemed it by His passion; who
alone was free among the dead, and whom death could not hold; who broke
into pieces the infernal gates, and, by the majesty of His presence,
rescued souls from the power of hell; who, having conquered death,
raised to Heaven, after His conquest of the world, that body which
He had assumed upon earth; and who now sits at the right hand of the
Omnipotent God, the Father, from whom He has received the eternal power
of the celestial kingdom. And I swear by all the heavenly virtues, and
by all the relics of the Saints and Apostles, and by the four Holy
Gospels which have been placed under this my written oath upon the holy
altar of Him of the sacred name, and which I touch and hold with my
hands.
And all these things which I have taken care to renew in my confession,
or have added thereto, which confession I have given, signed with my
hand, to thee, the bishop governing this diocese, I have declared in
all sincerity to have been offered, not with artifice or fraud, but
in good faith, as stated in said confession. And I hereby renounce
all the ceremonies of the Jewish ritual, and declare my belief in the
Holy Trinity with all my heart, and promise that I will forever remain
in the Faith, and will never again associate with the impious Jews;
but that I will hereafter live, in all respects, according to the
Christian customs, and take part in all their observances; and that I
will keep, with all purity of heart, whatever concerns the practice of
the Holy Faith, which has been set forth in my confession; and that I
will always live according to the apostolic traditions and the canons
of the Holy Church. And if I should violate the same in any respect,
or dishonor the Holy Faith, or attempt to practice any Jewish rite,
or deceive you, by this my confession, made under oath; or, under any
pretext whatever, I should not, even unintentionally, perform the
things which I have promised, as you believed, or understood that I
did promise; then may there be visited upon me all the curses of the
law which have been uttered by the mouth of God against those who
disobey His commandments. And may there come upon me, and upon my
house, and upon my children, all the plagues and afflictions of Egypt,
as an example and a terror to others; and may I suffer the judgment
of Dathan and Abiran, and the earth swallow me up alive. And after I
have departed this life, may eternal fire receive me, delivered up to
the devil and his angels; and may I, sharing the punishments of the
inhabitants of Sodom and Gomorrah, be given up to be burned; and when,
at last, I shall come before the tribunal of the dreaded Judge and
sublime King, our Lord Jesus Christ, may I be numbered among those to
whom the terrible and glorious Judge shall say, “Depart from me, ye
accursed, into everlasting fire prepared for the devil and his angels.”
This oath was signed upon such and such a day and date.
=XVI. Concerning the Christian Slaves of Jews, who have not Proclaimed
Themselves Christians, and those who Expose Them.=
All slaves, belonging to Hebrews, and who are members of the holy
Christian communion, and who, henceforth, influenced, by their masters,
do not declare themselves Christians, and remain under the yoke of
their masters, for the reason that they have rejected the favor of
liberty which was offered them, shall be doomed to perpetual slavery,
and shall be given to whomever the king may select. Any person, by
whose means this was exposed, if he should be the slave of a Jew, after
having embraced the Christian faith, shall receive his freedom. If,
however, the discovery was made by a Christian, he shall receive five
_solidi_ for every Christian slave, from him who is convicted of
having violated this decree after its promulgation.
=XVII. No Jew, under any Authority whatever, shall Dare to Oppress,
Punish, or Imprison a Christian, Except by Order of the King.=
No Jew shall have the power to rule, command, or restrain any
Christian, except in cases where the king orders it to be done for
the public benefit. If a Jew, acting under authority from any person,
should presume to imprison, punish, coerce, or illtreat any Christian
whomsoever, or should attempt to inflict upon him anything forbidden
by law, or even what is not provided for by the laws, he shall either
forfeit half of his property to the royal treasury, or, if he should
not possess any property, he shall receive a hundred lashes, and have
his head shaved. And where any person who is of noble rank, attempts
to exercise this power over Christians, he shall be compelled to pay
ten pounds of gold to the king; and where he is a person of inferior
rank, he shall pay five pounds of gold. Those who have not the means
wherewith to make reparation as aforesaid, shall receive a hundred
lashes, and have their heads shaved.
=ERVIGIUS, KING.=
=XVIII. If Slaves of Jews, not yet Converted, should Claim the Grace of
Christ, they shall be Liberated.=
The chosen apostle Paul, referring to something which happened at the
time, or merely for the sake of truth, declared that Christ announced
that, as we bestow liberty upon the faithful, so, also, we ought to
afford infidels the opportunity to embrace eternal life. Therefore, if
any slave belonging to a Jew should desire to be free from servitude,
and seek the favor of Christ, no one shall retain him in bondage; no
one shall oppose him in any way, or place any obstacle in his path;
but, as soon as he shows himself to be a Christian, by his profession
and his oath, and shall openly abandon, or reject the false doctrines
of his master, he shall be at once released from slavery; and, removed,
with all his property, from the control of his master, he shall fully
enjoy the blessings of freedom; and the same rule which has been
provided where Christian slaves have been emancipated, shall apply, in
every respect, to his case.
=XIX. Jews shall not Rule Christians under the Authority of Mayors of
Towns, or of Superintendents of Estates; and Concerning the Penalties
to be Imposed upon Such as Appoint them to Office.=
Where a Jew is invested with authority or power by any member of the
laity, and by its means he obtains control over a Christian family,
his authority shall be at once transferred to the king, and he who
accepted it shall receive a hundred lashes, have his head shaved,
and forfeit half his property to the public treasury. If any bishop,
priest, minister, clerk, or member of a monastic order, should invest
a Jew with authority over church affairs, he shall forfeit to the
public treasury as much of his own property as is equal in value to
that over which he gave said Jew authority. If, however, he should have
no property, he shall be sent into exile, that he may learn under the
restrictions of penance, how impious it is to confer upon infidels,
authority over true Christians.
=XX. Where a Jew comes from Another Country into any of the Provinces
of Our Kingdom, he Must, at once, Present himself before a Bishop, a
Priest, or a Judge; and What shall be Done under the Circumstances.=
Where a Jew, residing in a city or province of our kingdom, makes
application to a bishop, priest, or judge of that diocese or district,
and it appears from the testimony of ecclesiastical witnesses, that he
has abandoned the observance of the Sabbath, and the practice of the
rites and ceremonies usually observed by members of his sect; and that
he did not make use of any of the same, while wandering hither and
thither, or did not seek a hiding-place anywhere, in which to observe
said rites; and that, while at home, he is known to have conferred
with Christians of approved faith, partaken of food with them, and
participated in the Christian communion; and that, upon such days as
his ceremonies were accustomed to be practised, he resorted to the
church to receive the salutary instructions of the bishops and the
priests; and if said Jew asserts that he cannot remain for any length
of time, on account of inevitable necessity, or press of business;
then a confession of faith, to be signed by him, shall be drawn up
by the priest of the parish, and the said Jew shall promise therein
that, whenever, upon his journey, he finds any of his sect observing
their rites or festivities, he will avoid them. And the said priest
shall draw up a letter, written with his own hand, directed to those
ecclesiastics, in whose jurisdiction said Jew represents that he is
about to travel, in order that, all suspicion of fraud being removed,
said Jew whether traveling, or remaining in one locality, may not be
subjected to religious restraint and discipline. If any Jew should
violate this law, authority is given to any bishop or priest of the
diocese, as well as to any judge, to punish him with a hundred lashes;
nor shall he be permitted to return to his home, unless he is furnished
with letters from the bishop or priest of the diocese in which he
was unlawfully found. In said letters the number of days shall be
especially noted; that is, dating from the time when said Jew made
application to the bishop aforesaid, as well as those included in his
absence until the day of his return.
=XXI. How Assemblies of Jews shall Visit the Bishop on Appointed Days.=
Every colony of Jews, in whatever city or province they may be
situated, shall visit the bishop or priest of the diocese upon the
Sabbath, and upon all other festival days, when they are accustomed to
celebrate their rites; they shall not be permitted to wander about on
said days; and during all such festivals, when they are suspected of
performing their rites, they shall under no circumstances leave their
homes without the permission of the priest. Each of said Jews on every
Sabbath, after having bathed, shall visit a bishop, or a priest, and
receive his blessing. And in localities where there is no priest, each
of them shall visit the judges, or other approved Christians, and shall
associate with them openly, in such a manner that, if inquiry be made,
said persons may give favorable testimony concerning their Christian
behavior. Jewish women, that is to say, the wives and daughters of
Jews, to the end that they may have no opportunity to commit any error
or transgression upon the festival days aforesaid, when they are
accustomed to practise their rites, shall act, in every respect, as
may be prescribed by the bishops or the priests to their husbands when
present; that, like their husbands, they may not absent themselves from
ecclesiastical control, and on all the festival days observed by their
sect, may associate with such respectable and devout Christian women
as the priests or bishops may select. If anyone shall be proved to
have violated this edict, he shall be punished with a hundred lashes,
and have his head shaved. And, as priests are sometimes influenced
by the execrable temptations of the flesh, it is hereby especially
enjoined, that they shall not take advantage of opportunities of this
kind, for the indulgence of the same. Wherefore, we decree, with all
severity, that every priest shall strictly observe this law concerning
Hebrew women, and shall not take advantage of any occasion by which
he may be polluted with their company. And if, at any time, a priest
should pervert the zeal which he should employ for the benefit of
Christianity, for the purpose of indulging his licentious passions, he
shall be deprived of his holy office, and be sentenced to perpetual
exile.
=FLAVIUS ERVIGIUS, KING.=
=XXII. Where Anyone has a Jew in his Service, and a Priest Demands him,
the Master shall not have a Right to Retain said Jew.=
Where anyone of the laity has a Hebrew man or woman in his service, or
under his protection, and by the exertion of his authority deprives
them of the privilege of resorting at any time, to the bishop or the
priest, or prevents them from going, for the sake of instruction, to
ecclesiastics, on the days appointed for that purpose, he shall be
excommunicated by the bishop, and be deprived of said slave which he
attempted to restrain illegally, and for every slave so restrained he
shall pay three pounds of gold to the king.
=XXIII. All Restraint of and Control over the Jews shall be Vested in
the Priesthood.=
Those who are charged with the enforcement of our laws, and the
infliction of punishment upon infidels, are earnestly exhorted to
fulfil the duty imposed upon them by Divine authority; for the Holy
Spirit, whose truth is coextensive with the world, has said “Priests
shall sit in My judgment seat, and shall judge according to My laws
and precepts.” We decree that, hereafter, priests shall observe
whatever is included in our laws and that they shall not suffer a Jew
to be protected by anyone in the practice of his rites, but that all
such Jews shall be exempt from the favor of those by whom they are
shielded; and that said priests shall diligently take measures to
bring all Jews under the control of the Church, for the sake of their
salvation, which is the duty of all Catholic ecclesiastics; and that it
will be their earnest care not to grow lukewarm in the enforcement of
any of our laws aforesaid.
=XXIV. Concerning the Penalties to be Imposed upon Priests and Judges
who Neglect to Enforce the Laws against the Jews.=
The priests of our Holy Church must exercise due and pious care lest
they be held responsible for the transgressions of the people. For
what profit is there, where one is not punished for his own sin, but
still can be punished for the sin of another? Therefore, to correct
the negligence of such persons, we hereby decree that if any bishop,
influenced by avarice or malice, should be lukewarm in the enforcement
of the laws enacted against the Jews, to wit: that where any errors
of that perfidious sect have been detected by him, or where he has
received information of them, and it appears that he neglected to
correct said errors, he shall be excommunicated for the space of three
months, and shall forfeit a pound of gold to the royal treasury; and,
if he should not have the means to make such pecuniary reparation,
he shall be excommunicated for the space of six months; and, for the
purpose of making amends for the negligence of said bishop, any other
bishop who is zealous in the cause of God, shall have authority to
correct the errors of said perfidious Jews, which the former bishop
neglected to correct, as aforesaid. And if, through deceit, negligence,
or lukewarmness, the other bishop should hesitate, or procrastinate,
in discharging the duty imposed upon him, his inactivity shall be
punished, and the errors of the perfidious Jews be corrected by order
of the king. This rule shall also, in every respect, apply to, and
be observed by, all other ecclesiastics, as well as bishops; that is
to say, priests, deacons and clerks, upon any of whom the duty of
restraining infidels has been imposed by the bishop. And all judges who
are informed of such crimes, or who shall, themselves, discover them,
and do not at once punish them, as prescribed by law, shall each pay
a pound of gold to the public treasury, as has been provided in the
case of bishops. Nevertheless, priests, judges or other officials who
have been invested with authority, shall not be liable to the aforesaid
penalties, if they can prove that they were prevented, by command of
the king, from proceeding against the Jews.
=ERVIGIUS, KING.=
=XXV. No Judge shall Presume to Investigate the Offences of the Jews
without the Knowledge of an Ecclesiastic.=
No judge shall decide a cause involving the transgressions of the
perfidious Jews, unless an ecclesiastic be present, lest, by the
acceptance of a bribe, the Holy Faith of the Church be stained by
avarice; but, as is frequently the case, where no ecclesiastic is
present, the judge is authorized to proceed without him. If, however,
the bishop should be absent, whether near at hand, or at a distance,
he may leave a priest to act in his stead, who will co-operate with
the judge in the enforcement of these laws, without any remuneration
whatever.
=XXVI. Bishops shall be Immune from Punishment, when their Priests do
not Inform them of Such Things as Should be Corrected.=
As soon as the priests, deacons, or other members of the clerical
order, and all judges, vested with authority, throughout the different
provinces of the kingdom, ascertain that a body of Jews is within their
jurisdiction, they must not delay to place said Jews under coercion
and restraint, as required by our laws; and all errors which said
Jews are unwilling to renounce, shall be brought to the knowledge of
the king and the bishop, in order that they may be corrected; and if
a Jew should give information of the same to the bishop, he shall
not be subject to punishment for any similar offence of which he may
be guilty. No bishop shall be liable to discipline for neglect, when
notice of the offence was not given him by his subordinates.
=ERVIGIUS, KING.=
=XXVII. Concerning the Mercy to be Shown by Princes towards Those who
have been Truly Converted to the Christian Faith.=