BOOK XII. CONCERNING THE PREVENTION OF OFFICIAL OPPRESSION, AND THE THOROUGH EXTINCTION OF HERETICAL SECTS.
S. P. (Samuel Parsons) Scott translation
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.