Book XII Concerning the Prevention of Official Oppression, and the Thorough Extinction of Heretical Sects
Title I. Concerning the Exercise of Moderation in Judicial Decisions, and the Avoiding of Oppression by Those Invested With Authority
| I. | Concerning the Admonition of the King, by which Judges are Ordered to Display Moderation in the Administration of Justice. |
| II. | No Official, Invested with Power Over the People and Supervision Over their Acts, shall Subject them to Unnecessary Expense, or Other Impositions. |
I. Concerning the Admonition of the King, by which Judges are Ordered to Display Moderation in the Administration of Justice.
It is but proper that we, who impose necessary penalties for the misconduct of men, should render aid to the unfortunate, by means agreeable to God. We, therefore, order all judges and other officials to whom has been delegated the power of dispensing justice, and we also admonish them in the name of the omnipotent God, the exemplar of all virtues, that they diligently use their skill in the discovery of truth, in every case which is brought before them; and that they examine, with the utmost care, the claims of the parties to each action, without regard to the rank or condition of said parties; and that they moderate, in some degree, the severity of the law, where parties have lost their cases, especially where said parties are oppressed by poverty; for if the authority of the law were enforced to the utmost in every instance, there would be no opportunity for the exercise of mercy.
II. No Official, Invested with Power Over the People and Supervision Over their Acts, shall Subject them to Unnecessary Expense, or Other Impositions.
We provide laws for all the subjects of our kingdom who are under our sovereignty, for no other reason than the protection of their interests, and to the end that they may not be subjected to unnecessary expense or injury. For who is more concerned in the administration of justice, or who should be more familiar with it than ourselves, who, in the various affairs of life, extend the hand of assistance to our faithful subjects, and aid those whom we rule with equity? We therefore decree, by the following law, that no governor of a city, deputy, or other official, shall presume to oppress the people, for his own benefit, by means of any taxes, exactions, labors, or journeys; or shall accept unnecessary donations of grain from a city or a province; for we are well aware that when we appoint judges, we, at the same time, provide them with the means of subsistence. In like manner, we admonish governors of provinces, those in charge of the royal demesnes, and the officials of our treasury, that they have no power over private persons, and shall not in any way molest them. But where a private person has a lawsuit against any of the slaves of the Crown, the public agent, or attorney of the province, having been notified of the fact, shall cause the matter to be brought before the governor, or the judge of the district, and shall present his case, in order that the action may be legally determined, and such amends made as are equitable.
In order that proper supervision may be exercised over the royal officials in charge of our domains, we have agreed that the tax collectors and defensores shall be changed every year; and, as we are well aware that in consequence of this, much injury results to our people, we hereby decree that any tax collector or defensor, who has been elected by the bishops or the people, shall serve the full term for which he was chosen. Where any tax collector or defensor has been appointed, he shall not give any present to a judge, nor shall a judge presume to accept or exact anything from him. If any judge should violate this law, he shall be deprived of his office, and shall be compelled to pay ten pounds of gold to the royal treasury. Should the priests, whom we address with God as our witness, learn of any misconduct of judges, or of other officials, and not bring the same to our notice, they shall be liable to the sentence imposed by the council, and shall be compelled to make reparation from their own property for such losses as the poor may have suffered through their silence.
Title II. Concerning the Eradication of the Errors of All Heretics and Jews
| I. | Laws Having Been Given to True Believers, it is Now Necessary to Place Restraints upon Infidels. |
| II. | Concerning the Renunciation of the Errors of all Heresies. |
| III. | Concerning the Laws Promulgated on Account of the Wickedness of the Jews. |
| IV. | Concerning the Extirpation of the Errors of the Jews in General. |
| V. | Jews shall not Celebrate the Passover According to their Custom. |
| VI. | Jews shall not Contract Marriage According to their Custom. |
| VII. | Jews shall not Perform the Rite of Circumcision. |
| VIII. | Jews shall not Divide their Food into Clean and Unclean, According to their Custom. |
| IX. | No Jew shall Subject a Christian to Torture. |
| X. | No Jew shall Testify Against a Christian; and Under what Circumstances the Descendants of Jews may Testify. |
| XI. | No Jew shall Circumcise a Christian Slave. |
| XII. | Concerning the Penalties to be Inflicted for Offences Committed by Jews. |
| XIII. | Concerning Christian Slaves who are Known to have been Sold or Liberated by Jews. |
| XIV. | Under no Circumstances shall Christian Slaves Attach themselves to Jews, or be Admitted into their Sect. |
| XV. | All Christians are Forbidden to Defend or Protect a Jew, by Either Force or Favor. |
| XVI. | Memorial of the Jews Presented to the King. |
| XVII. | Concerning Judaizing Christians. |
| XVIII. | Concerning the Perfidy of the Jews. |
THE GLORIOUS FLAVIUS RECESVINTUS, KING.
I. Laws Having Been Given to True Believers, it is Now Necessary to Place Restraints upon Infidels.
Hitherto, we have directed our steps cautiously through the arduous paths which traverse the iniquities of the Jews; and have used moderation in the restraint of human crimes and infirmities. For it has been our manifest purpose and task, both to remove ill-founded opinions, and to prohibit what is evil, as well as to abolish what has been wrongfully done, and is abhorrent to decency and honor. As the law penetrates the secret recesses of minds conscious of guilt, so its censure corrects the depravity of morals, and prevents the perpetration of crime. And, indeed, we do not attempt to bring about this purity of soul for any other purpose than for the sake of the Church of the living God, which has invested so many different nations and peoples with the robe of immortality, and has united them to herself with the bonds of one holy religion. For the excellence of our strength and earthly glory are derived from the virtues of God, and his influence, sometimes acting through compassion, sometimes through fear of the sword of justice, prevents the commission of sin; and on one occasion diminishes crime by the practice of moderation, on another, extirpates it by an exhibition of severity. Following, not only the example of noble and illustrious races who restrained the illegal excesses of the people by leniency and rational laws, but also copying the rules and imitating the example of the Holy Fathers throughout the entire globe of the earth, we shall endeavor, as far as lies in our power, to reduce to action the precepts which we have received from them. For this reason, our relatives and subjects will know that our decrees are suitable, and dictated by honesty of purpose, in that they forbid the commission of crime, and are not opposed to the opinions of the Holy Fathers heretofore promulgated. And we are confident that we shall receive two rewards from the generosity of God: one, that we will be permitted to remain in the enjoyment of peace with our neighbors, as we are now; and the other, that, when our rule is ended, we shall receive a due acknowledgment from heaven. Thus, when, by means of the laws directed to our faithful people, this salutary remedy shall have been administered to the adherents of the Holy Faith, (as medicine is absorbed by the members of the body), and peace and charity shall everywhere prevail; confiding in the virtue of God, we shall attack his enemies, pursue his rivals, and conquer his adversaries; contending manfully, and constantly persevering; dispersing and overcoming those enemies, as dust is driven by the wind, or as mud is dried up in the fields, we shall acquire the reward of Faith; and when we shall include all people as true believers in our holy religion, and shall bring all infidels to belief in its truths, our glory shall increase, and our kingdom shall be exalted.53
FLAVIUS RECESVINTUS, KING.
II. Concerning the Renunciation of the Errors of all Heresies.
The eternal counsel of Almighty wisdom and Divine piety, as we understand it, and revealed to us in former ages, for the benefit of our own times, dissipated the errors of perfidious heretics, as well as abolished the false maxims of impious doctrines. Nevertheless, that such a time may not come during our lives, as that of which the representative of Divine Grace formerly said: “A time will come when persons will not desire sound doctrine, but with eager ears, and according to their desires, will seek masters for themselves; and who will not listen to the truth, but will turn to false doctrines; and, as it is proper that whatever remains in the light of the Faith should be defended, by legal edicts, from the efforts of all who seek to contradict it; and that whatever ideas have arisen through the influence of error, be removed by legal proceedings; therefore, we decree that no man of whatever race or lineage, either native or foreigner, proselyte or old in faith, visitor or resident, shall openly or silently, impugn the unity of the Catholic faith; or take part in any injurious disputes affecting the truth of said faith; or countenance the same by remaining silent.” No one shall attack the decrees of the Gospel, or criticise the institutions of the Church, or call in question the sacred institutions established by the ancient Fathers; no one shall treat with contempt discussions concerning points of doctrine which arise in modern assemblies; no one shall entertain any thoughts against the holy edicts or the true religion, or shall utter any words in depreciation of the same; or perfidiously cause a controversy to arise with an obstinate unbeliever; or engage in a quarrel on account of the contempt of honor exhibited by a listener. Any person who violates any of the provisions aforesaid shall be arrested; and should he be an ecclesiastic, or belong to any religious order, he shall lose his rank and dignity; shall be regarded forever as a criminal; and shall be punished by the loss of all his property. If he should belong to the laity, he shall be deprived of honor and position, and stripped of all his possessions. Every violator of this law shall be condemned to perpetual exile, unless he should be converted from his errors by the interposition of Divine mercy, when he may be suffered to remain and live in accordance with the commands of God.
FLAVIUS RECESVINTUS, KING.
III. Concerning the Laws Promulgated on Account of the Wickedness of the Jews.
The execrable errors of heretics in general, having been already prohibited and disposed of, it now becomes our duty to make special provision for some that exist in our days, and of which we are, at present, well aware. For while the virtue of God, by the sword of his Word, extirpated all other heresies, root and branch, we have to lament that the soil of our kingdom is still only defiled by the infamy of the Jews. Therefore, to the end that we may establish peace in our realm, by the spirit of God (which, indeed, seems folly to pagans, and scandal to the Jews themselves), we, who believe in the virtues of Christ, and the wisdom of God, for the sake of whose commiseration we attempt, with pious intentions, to put an end to ancient errors, that others may not arise in future ages; decree by this law, which shall be forever observed, and by the mandate of the Holy Scriptures, that our edicts, as well as those promulgated by our royal predecessors against the perfidy and persons of the Jews, shall be forever inviolate, and shall be obeyed for all time. And if anyone should violate said laws, he shall be liable for the damages provided by them, and to the punishments especially prescribed for their infraction.
FLAVIUS RECESVINTUS, KING.
IV. Concerning the Extirpation of the Errors of the Jews in General.
No Jew who has received the sacred rite of baptism shall renounce the faith of the holy Christian religion, or blaspheme said faith, in any way. No Jew shall impugn its precepts by deed or word; or speak insultingly of it either secretly or openly. No Jew shall flee to avoid being received into the Church, or conceal himself for such a purpose, after having taken to flight. No Jew shall entertain the hope of resuming his errors, or of performing the ceremonies of his infamous belief. No Jew shall entertain in his heart any perfidy against the Christian religion, and in favor of his own sect, or exhibit such perfidy by word or deed. No Jew shall attempt to infringe, or oppose, any regulations or laws of the Christians which have been published. No one shall venture to conceal a Jew who is aware of the existence of these offences which have been prohibited, or who has committed them. No one shall delay to denounce a fugitive Jew when he is found, or to reveal his hiding place. Any person who violates the provisions of the aforesaid law, shall be subjected to the punishment prescribed for the same.
V. Jews shall not Celebrate the Passover According to their Custom.
No Jew shall celebrate the Passover upon the fourteenth day of the month, nor shall perform any of the ceremonies customary at such times. Nor shall any Jew, in honor of his ancient, erroneous belief, observe any festival days, great or small; or attempt their observance; or desist from labor upon any holidays; or hereafter keep the Sabbath, or any other sacred days prescribed by his rites, or attempt to do so. Anyone detected violating this law shall be liable to the condemnation and penalty prescribed for the same.
VI. Jews shall not Contract Marriage According to their Custom.
No Jew shall marry, or defile with adultery or incest, anyone nearly related to him by blood. No Jew shall marry another within the seventh degree of relationship; nor shall he desire or practice any other nuptial ceremony than that customary among Christians. Whenever detected, he shall be punished according to law.
VII. Jews shall not Perform the Rite of Circumcision.
No Jew shall circumcise another; nor shall a person who has permitted himself to be circumcised be exempt from the operation of the law. No slave, freeborn person, or freedman, native or foreigner, shall practise or submit to this detestable operation. Whoever is proved to have voluntarily performed, or submitted to it, shall be punished with the utmost severity of the law.
VIII. Jews shall not Divide their Food into Clean and Unclean, According to their Custom.
The blessed apostle Paul said, “To the pure all things are pure,” but nothing is pure to those who are defiled, because they are unbelievers; and, for this reason, the execrable life of the Jews and the vileness of their horrible belief, which is more foul than any other detestable error, must be destroyed and cast out. Therefore, no Jew shall make a distinction between food which is clean and unclean, as established by the customs and traditions of his ancient rites. No one shall perversely refuse to eat food of any kind, whose condition is proved to be good. No one shall reject one article of food, and accept another, unless the distinction be such as is considered salutary and proper by all Christians. Anyone detected in the violation of this law shall be subjected to the punishment instituted for the same.
IX. No Jew shall Subject a Christian to Torture.
We especially decree, by the following law, that it shall not be lawful for any Jew to testify against a Christian in any legal proceeding, or business transaction, even though said Christian should be of the lowest rank or a slave; nor shall a Jew prosecute a Christian, in any action at law; or sue him upon any written contract; or subject him to torture for any reason whatever. For it seems sacrilegious to prefer an infidel to him who is a believer, and to subject the members of the followers of Christ to torture inflicted by his adversaries. If, however, Jews should have causes of action among themselves, they shall have the right, under the law, to testify against each other; and to put their slaves to the torture in the presence of Christian judges.
X. No Jew shall Testify Against a Christian; and Under what Circumstances the Descendants of Jews may Testify.
If he who is convicted of having uttered a falsehood becomes infamous in the sight of all men, with how much more reason should he be excluded from giving testimony who denies the truth of the Divine Faith? Jews, whether baptized or unbaptized, are therefore forbidden to testify against Christians. The descendants of Jews, however, if they are of good morals, and adherents of the Faith, shall be permitted to give evidence among Christians; but not unless their morals and their belief shall be vouched for by either the king, a priest or a judge.
XI. No Jew shall Circumcise a Christian Slave.
It shall not be lawful for a Jew to purchase a Christian slave, or to accept of one as a gift. Should a Jew purchase such a slave or accept of him as a gift and then circumcise him, he shall lose the price of said slave, and the latter shall be free. The Jew who circumcises a Christian slave shall forfeit all his property to the king. Any slave of either sex who is unwilling to become a Jew, shall receive his or her freedom.
XII. Concerning the Penalties to be Inflicted for Offences Committed by Jews.
The following law is derived from others of great severity, which have been enacted to punish the perfidy of the Jews; and it is hereby decreed that whoever attempts to commit any of the crimes prohibited by former laws, or contained in any amendments to the same, or presumes to act in defiance of said laws, shall be either stoned to death, or burned by such of his own countrymen as may have entered into an agreement to do so. However, if the king, in his mercy, should decide to spare the life of such a criminal, he shall be delivered up as a slave to whomever the king may select, and all his property shall be given to others; and this shall be done in such a way that the culprit can never come into possession of his property again, or recover his liberty in the future.
XIII. Concerning Christian Slaves who are Known to have been Sold or Liberated by Jews.
To the most holy and blessed Agapius and Cecilius, bishops, and to the judges of their districts, as well as to other ecclesiastics and magistrates, of the provinces of Barbia, Ausgia, Sturgia, Viatula, Tutigia, Gabrus, and Epagrus, greeting: The authority of the law promulgated by our lord and predecessor, Recaredus, declaring that Christian slaves shall under no circumstances remain in the power of Jews, would be sufficient, if the depravity of the Jews had not afterwards corrupted the minds of princes, and they had not demanded and obtained benefits for themselves contrary to the principles of justice. And that we may, with the assistance of God, promulgate a law by which these frauds may hereafter be abolished, and for the reason that, in past times, the edict of said king has been nullified, we hereby decree: that if any Christian slave should be in the possession of a Jew after this law is published, whether said slave should have been set free or not, he shall have the same right as a Roman citizen. And if said slave, through any unlawful act, should have been transferred to the possession of any other person by an instrument in writing, when he should have been liberated according to law, he shall be given his liberty; the contract shall be cancelled; the price paid for him shall be returned to the vendor; and said slave shall have a right to pass his life in freedom, supported by his own labor, have his name inscribed upon the public records, and be taxed according to an equitable estimate of his property.
If any slaves should have been acquired by any just title, after the time in which the law of said king was promulgated, their masters shall have the right, until the Kalends of July, to sell, or liberate said slaves, as they choose. Any Christian slaves who have been circumcised by the Jews, at any time, or have joined their sect, shall be punished as prescribed by law. Where such slaves as we have declared to be free, are again reduced to slavery by the Jews, or are retained by them, without being emancipated; the Jews, guilty of such offences, shall be punished as in the case of freemen, where the latter are restrained of their liberty. All Jews who have been converted to the Holy Faith, shall be entitled to their share in the inheritance of their fathers.
Where sales have been made of slaves at a certain time, in the division of the same there shall be no separation of parents and children, but all shall be transferred together to the purchaser. Where a Jew has been proved to have obtained property by fraud, from the ancestors of any person, he shall be deprived of it, and it shall be forfeited to the royal treasury. Any slaves belonging to the Jews, who have been baptized, shall, with their children, be returned to their masters, and be liberated by them; and any property they may have acquired shall be given them along with their freedom. Those who have no property shall be aided by the person who sets them free, as far as he is able to do so; and said emancipated slaves shall be classed as other freedmen, and shall be taxed in proportion to the property they own.
XIV. Under no Circumstances shall Christian Slaves Attach themselves to Jews, or be Admitted into their Sect.
We provide for the health and safety of our subjects, and of all other persons within the provinces of our kingdom, when we rescue the adherents of our religion from the hands of infidels. For, by this means, the orthodox faith will be greatly exalted, when the execrable perfidy of the Jews shall no longer have power over Christians. The fatal control of Jews over Christians should therefore be abominated, and the people consecrated by the favor of God brought under the influence of Divine Love. Therefore, we promulgate the following law, to be forever obeyed, and admonish every royal officer, in all future times: that, from the first year of our reign no Jew shall be permitted to have a freeborn Christian, or a Christian slave, under his patronage, or in his service. Nor shall a Jew be allowed to employ any such person for hire, or avail himself of his services, under any pretext whatsoever. A Jew shall, however, be permitted to sell his slave, for a just price, to a Christian, under proper circumstances, anywhere he resides within the limits of our kingdom. It shall not be lawful to sell such slaves in foreign countries, unless it should be proved that said slaves reside there. Where slaves sold by Jews into foreign countries, as aforesaid, have no property of their own, the vendor shall give to said slaves such sums as, in the opinion of the purchaser, will be sufficient for supporting and clothing them; and this is provided in order that a transaction concluded under the name of purchase, may not appear to be exile.
Where a Jew wishes to free a Christian slave, he must do so in such a way that the latter may attain the rank of a Roman citizen, to wit: that, by the act of emancipation, no services shall be reserved for the benefit of any Hebrew, or of anyone else; and that said liberated slave may have the power to pass his life wherever he chooses, free from all obligation to, or association with, the Jews. If, however, any Hebrew should fraudulently sell or liberate a slave, and evidence of said illegal act should be proved at any future time, and any damage to the slave should result; where a freeborn person exposes such a fraudulent transaction, he shall be entitled to all the property of the parties, both vendor and purchaser, who perpetrated the fraud. Should a Christian be concerned in such a proceeding, he shall be given as a slave to whomever the king may direct; and where he has property, half of it shall be confiscated for the benefit of the public treasury, and the offender shall be branded with eternal infamy. Should a slave detect a fraud of this kind, he shall be given his freedom, and shall remain under the patronage of him in whose service he was until that time; and in order that exact justice may be done, the master of said slave shall receive another from the Crown in his stead, and, in addition, shall be entitled to a pound of gold from him whose deceit was exposed by the slave.
Where a Hebrew circumcises a Christian, or induces one to join his sect, or perform any of his rites, he shall be beheaded; the informer shall receive a proper reward; and the property of said Jew shall be forfeited to the royal treasury. All slaves who are known to be the issue of marriages between Christians and Jews, we hereby declare shall be made Christians. And if such slaves as have been converted to the Jewish religion should desire to remain in that perfidious belief, and and should refuse to return to the true faith, they shall be scourged, and scalped, in the presence of the assembled people, and delivered up to whomever we may select, to remain in perpetual servitude. Where the unlawful marital unions hereinbefore mentioned have already taken place, we hereby decree that the infidel party to the same shall have a right to embrace the true faith, should he or she desire to do so. Should, however, said party refuse, the marriage shall be dissolved, and the recalcitrant person shall be driven into perpetual exile. To the other provisions of this law we add the following: that whenever any Jew desires sincerely to embrace the Catholic faith, and has been purified by the holy water of baptism, he shall be entitled to retain, without molestation, all the property which he possessed at that time.
This edict we declare shall be in force, and shall be observed by all our subjects throughout our dominions, after the Kalends of July of the present year. If, after said date, a Christian slave should be found in the possession of a Jew, half the property of said Jew shall be forfeited for the benefit of the royal treasury, and said slave shall be set at liberty; nor shall any Jew have any claim to the person or property of said slave thereafter.
The aforesaid law which we, induced by piety and religion, have framed for the benefit of our people and ourselves, we hereby decree, with the aid of God, shall be forever valid. And may Christ, the Conqueror, make all our successors, guardians of this law, victorious, and confirm in the enjoyment of His kingdom those who He knows will faithfully enforce it. While we are not of the opinion that its provisions will be violated by anyone; nevertheless, should such a person exist, may he who audaciously disobeys it, or does not reverently observe it, be regarded by all men as the most infamous person of the century; may he lose his life at the moment when he forms the detestable resolution to break said law; and may he be oppressed by the accumulated mass of his sins through all eternity, inasmuch as, by his transgression, he has infringed this salutary decree. And, in the terrible time of the Day of Judgment, reserved for the coming of the Lord, may the said culprit be separated from the flock of Christ; and, placed at the left hand with the Jews, be burned with eternal fire, with the devil for his companion; in order that avenging punishment may be inflicted upon all transgressors, and that true Christians may receive a rich and eternal reward.
XV. All Christians are Forbidden to Defend or Protect a Jew, by Either Force or Favor.
To the former laws, which we, and our predecessors, have promulgated for the purpose of annihilating the perfidy of the Jews, it becomes necessary to add the following one to sanction and strengthen those which have been heretofore published. Now, after we have repudiated the profane enemies of the Holy Faith, and put an end to the wicked schemes of these perfidious wretches, it becomes necessary for us to confirm those things which have already been done, and arrange them suitably and in order; for, in the exact proportion as the skilful artificer gives form to the invention of his genius, so, in just such proportion does his work disclose the strength and beauty of his mind.
Therefore, lest the Jews should, by means of any artifice, and through their unremitting perseverance, obtain the legal sanction for their profane rites so much desired by them, we hereby decree that no person belonging to any religious order or rank whatsoever, or any of the royal officials, of high or low degree, or any individual of any station or family, or any prince, or person in authority, shall encourage any Jew, whether baptized or not baptized, to remain in the practice of his detestable faith and customs; or shall conceal the fact that he is doing so; or shall induce those who have been baptized to return to the observance of their perfidious ceremonies. No one shall attempt, under any pretext, to defend such persons in the continuance of their depravity, even should they be under his patronage. No one, for any reason, or in any manner, shall attempt by word or deed, to aid or protect such persons, either openly or secretly, in their opposition to the Holy Faith and the Christian religion.
If any bishop or other ecclesiastic should be guilty of such an offence, or if any member of the laity should be convicted of the same, he shall be excluded from the society of Christians, be excommunicated, and forfeit the fourth of all his property, which shall be confiscated for the benefit of the royal treasury. For it is eminently proper that those should be separated from the communion of the faithful, and be punished by the loss of their possessions, who reject the love of Christ, and, in the aid of His enemies, infamously attack the truth. The penalties for such offences shall remain the same as were provided in a former law by King Sisibutus, of holy memory.
XVI. Memorial of the Jews Presented to the King.
To our most pious and noble lord and master, King Recesvintus: We, Jews of the city of Toledo, who have hereto attached our signatures, or seals, call your attention to the fact that formerly we were compelled to present a memorial to King Chintilanus, of holy memory, by which we bound ourselves to uphold the Catholic faith, as, in like manner, we do now. But, whereas the perfidy born of our obstinacy, and the antipathy resulting from our ancestral errors, influenced us to such an extent that we did not then truly believe in our Lord Jesus Christ, and did not sincerely embrace the Catholic faith, therefore, now, freely and voluntarily, we promise Your Majesty for ourselves, our wives, and our children, by this our memorial, that henceforth we will observe no Jewish customs or rites whatever, and will not associate, or have any intercourse with, any unbaptized Jews. Nor will we marry any person related to us by blood, within the sixth degree, which union has been declared to be incestuous and wicked. Nor will we, or our children, or any of our posterity, at any time hereafter, contract marriage outside our sect; and both sexes shall hereafter be united in marriage according to Christian rites. We will not practise the operation of circumcision. We will not celebrate the Passover, Sabbath, and other festival days, as enjoined by the Jewish ritual. We will not make any distinction in food, according to our ancient usages. We will not observe, in any way, ceremonies prescribed by the abominable practices and habits of the Hebrews. But, with sincere faith, grateful hearts, and perfect devotion, we believe that Christ is the son of the living God, as declared by ecclesiastical and evangelical tradition; and we hereby acknowledge Him to be such, and venerate Him accordingly. Moreover, all the ceremonies enjoined by the Christian religion—whether said ceremonies relate to festivals, or to marriage and food—we will truly and exactly observe; and we will maintain the same with sincerity, without any objection or opposition thereto; and without any subterfuge on our part, by means of which we might hereafter deny our acts, return to what has been prohibited, or not completely fulfil all that we have promised. With regard to the flesh of animals which we consider unclean, if we should be unable to eat the same on account of our ancient prejudices, nevertheless, when it is cooked along with other food, we hereby promise to partake of the latter with no manifestation of disgust or horror. And if, at any time, we should be found to have transgressed, and to have violated any of the promises hereinbefore specified; or should presume to act contrary to the doctrines of the Christian faith; or if we should, in word or deed, neglect to fulfil the obligations to which we have bound ourselves, as being acceptable to the Catholic religion; we hereby swear by the Father, Son and Holy Spirit, who form one God in the Trinity, that, in case a single transgressor should be found among our people, he shall be burned, or stoned to death, either by ourselves, or by our sons. And should Your Majesty graciously grant such culprit his life, he shall at once be deprived of his freedom, so that Your Majesty may deliver him to be forever a slave to anyone whom Your Majesty may select; and Your Majesty shall have full authority to make whatever disposition of him and his property as may seem expedient; not only on account of the power attached to your royal office, but also by the authority granted by this our memorial. Made, in the name of God, at Toledo, on the Kalends of March, in the sixth year of Your Majesty’s happy reign.
XVII. Concerning Judaizing Christians.
As the crime of hypocrisy should be deplored by all Christians; for the same reason it should be evident, that no person, under any circumstances, is deserving of pardon, who is proved to have renounced a good religion for a bad one. Therefore, because a cruel and astounding act of presumption should be expiated by a still more cruel punishment, we declare, by the following edict: that, whenever it has been proved that a Christian, of either sex, and especially one born of Christian parents, has practised circumcision, or any other Jewish rite, or anything else forbidden by God, he shall be put to an ignominious death by the zeal and co-operation of Catholics, under the most ingenious and excruciating tortures that can be inflicted; that he may learn how horrible and detestable that offence is, which he has so infamously perpetrated. All the property of such a person shall be confiscated for the benefit of the royal treasury, in order that his heirs and relatives may not, through consenting to his errors, be contaminated by them.
XVIII. Concerning the Perfidy of the Jews.
We learn from the Holy Scriptures, that Christ is called the Son of God, and it is but just, and consistent with Christian doctrine, that, as we present the favor of liberty to all true believers, we should suppress infidels, even to the loss of their lives; and, in order that the faith of Christ may increase in us to the utmost, the perfidious doctrines of the Jews must be destroyed to the very foundation. Therefore, in all devotion, we decree that henceforth, whenever a Jew, of either sex, renounces the perfidy of his religion, and is converted to the profession of the true Catholic faith and, repudiating the errors of his rites and ceremonies, lives his life according to the customs of the Christians, he shall be free from every burden and disability, which formerly, when attached to the Jewish faith, he would have been subject to for the public benefit; so that his privileges will increase with his freedom from those exactions which are imposed upon such as are blinded by the wickedness of their infidelity, and controlled by the inherited errors of their ancestors. For it is unjust that such persons as are known to have assumed the gentle yoke of Christ, and the light burden of his religion, through sincere conviction, should be oppressed with heavy taxation, or subjected to the pecuniary burdens imposed upon other Jews. It shall be, in every respect, lawful for all such persons who are true believers, to engage in trade, and to carry on business transactions with Christian customers; and if any Christian, not informed of the conversion of said Jews, should desire to purchase anything of them, it shall not be lawful for him to do so, until said converted Jews declare that they are Christians, and recite for him the dominical prayer or the Apostles’ Creed in the presence of witnesses; and, as true followers of Christ accept or signify their willingness to partake of food used by Christians.
If any hypocrite should be found among those converted to the Holy Faith, he shall be condemned to slavery, and all his property shall be confiscated for the benefit of the royal treasury. Such Jews, however, as remain obstinate, and, in the perfidy of their hearts, refuse to embrace the Catholic religion, we decree shall undergo the following penalty, to wit: they shall not dare to go into foreign countries for the purpose of commerce; nor shall openly or secretly engage in trade with Christians, but shall only have the privilege of transacting business with one another; and they shall pay the taxes imposed upon them, as in such case provided; and shall pay to the public treasury, out of their own property, the taxes due from those Jews who have been converted. All slaves, buildings, lands, olive-orchards and whatever other real property they are found to have acquired from sales by Christians, or in any other manner whatsoever, although it may have been in their possession for many years, shall be confiscated for the benefit of the royal treasury, and the king shall have the absolute disposal of the same. Should any Jew, who remains in infidelity, dare to act contrary to this law, or to transact business with any Christian, having been reprimanded, he shall be given to the Crown, along with all his possessions, to be a slave forever.
We admonish all Christians, calling to witness the Divine Personage by whose blood we have been redeemed, that none of them presume, in any way, to transact business with such Jews as continue in the obstinacy of their perfidious belief. Where a Christian commits such an offence, if he is a person of superior rank or power, he shall pay three pounds of gold to the royal treasury. And if anyone should buy from such Jews anything that is worth more than twice what he paid for it, he shall pay out of his own property, three times the value of the same, along with the original price, to the royal treasury. If, however, a person of inferior station should be guilty, he shall receive a hundred lashes, and all the property which he is possessed of shall be given to the king, who shall have the right to dispose of any, or all of it, at his pleasure.54
Title III. Concerning New Laws Against the Jews, in Which Old Ones Are Confirmed, and New Ones Are Added
| I. | Concerning Old Laws Enacted Against the Transgressions of the Jews, and the Confirmation of the Same. |
| II. | Concerning Blasphemers Against the Holy Trinity. |
| III. | Jews shall not Absent themselves, or Remove their Children or Slaves, to Avoid the Blessing of Baptism. |
| IV. | Jews shall not Celebrate the Passover According to their Customs, or Practise Circumcision, or Induce any Christian to Renounce the Church of Christ. |
| V. | Jews shall not Presume to Keep the Sabbath, or Celebrate Festival Days, According to their Ritual. |
| VI. | Every Jew shall Cease from Labor on Sunday, and on all Appointed Holidays. |
| VII. | Jews shall not make any Distinction in their Food, According to their Custom. |
| VIII. | A Jew shall not Marry a Person Nearly Related to him by Blood, or Contract Marriage without the Benediction of a Priest. |
| IX. | Jews who Insult our Religion, while Attempting to Defend their own Sect, shall not Betake themselves Elsewhere; nor shall Anyone Shelter them while Fugitives. |
| X. | No Christian shall Accept a Gift from a Jew, to the Detriment of the Christian Faith. |
| XI. | Jews shall not Dare to Read Such Books as the Christian Faith Rejects. |
| XII. | Christian Slaves shall not Serve, or Associate with, Jews. |
| XIII. | Where a Jew Declares that he is a Christian, and, for this Reason, does not wish to Dispose of a Christian Slave. |
| XIV. | The Confession of Jews; and In What Way Each One of Them, who is Converted, must Write Down the Proof of his Conversion. |
| XV. | Conditions under which Jews must Make Oath, when, having been Converted, they give in their Confession of Faith. |
| XVI. | Concerning the Christian Slaves of Jews, who have not Proclaimed Themselves Christians, and those who Expose Them. |
| XVII. | No Jew, under any Authority whatever, shall Dare to Oppress, Punish, or Imprison a Christian, Except by Order of the King. |
| XVIII. | If Slaves of Jews, not yet Converted, should Claim the Grace of Christ, they shall be Liberated. |
| XIX. | Jews shall not Rule Christians under the Authority of Mayors of Towns, or of Superintendents of Estates; and Concerning the Penalties to be Imposed upon Such as Appoint them to Office. |
| XX. | Where a Jew comes from Another Country into any of the Provinces of Our Kingdom, he Must, at once, Present himself before a Bishop, a Priest, or a Judge; and What shall be Done under the Circumstances. |
| XXI. | How Assemblies of Jews shall Visit the Bishop on Appointed Days. |
| XXII. | Where Anyone has a Jew in his Service, and a Priest Demands him, the Master shall not have a Right to Retain said Jew. |
| XXIII. | All Restraint of and Control over the Jews shall be Vested in the Priesthood. |
| XXIV. | Concerning the Penalties to be Imposed upon Priests and Judges who Neglect to Enforce the Laws against the Jews. |
| XXV. | No Judge shall Presume to Investigate the Offences of the Jews without the Knowledge of an Ecclesiastic. |
| XXVI. | Bishops shall be Immune from Punishment, when their Priests do not Inform them of Such Things as Should be Corrected. |
| XXVII. | Concerning the Mercy to be Shown by Princes towards Those who have been Truly Converted to the Christian Faith. |
| XXVIII. | Bishops shall Give to all Jews a Copy of this Book, which has been Published for the Purpose of Correcting their Errors; and their Confessions and a Record of their Conversion, shall be Deposited among the Archives of the Church. |
I. Concerning Old Laws Enacted Against the Transgressions of the Jews, and the Confirmation of the Same.
The perfidy and cunning of the Jewish heresy increases in criminality, in the same proportion as attempts are made to abolish it by law. And, as we are about to promulgate new edicts for the suppression of these errors, it is now proper to first confirm those which have been enacted by our predecessors; and in order the better to adapt the same to the offences of the Jews, it is necessary for us to revise all preceding edicts; so that, in this way, the new laws being collated with the old ones, those which should be approved may be confirmed, as is fitting; and, at the same time, the new statutes may be drawn up so that they shall not conflict with those already in force, but that all may be united, and the entire body of laws made clear for the administration of justice. Thus, whenever edicts already in force may be judged worthy of confirmation, and whatever new edicts we may think it advisable to promulgate, may both become more manifest, and, in this manner, by the application of both classes of laws, the truth may be the more readily established. For example, we have found a law among those formerly promulgated, which declares that all heresy must be eradicated. It is reasonable and evident, however, that this must be added to and amended, in such a way that if anyone induced by the insanity of unbelief should treat with contempt any of its provisions, no matter to what rank or station he may belong, and should attempt to defend any perverse dogma in public, he shall be subjected to severe penance, exiled, and his property confiscated for the benefit of the king; and even if he should, at any time, renounce the errors of his perverse sect, he shall under no circumstances be permitted to return from exile; and his property shall be irrevocably held by those upon whom the king has bestowed it. Where any Jew, deluded by blind ignorance, retains the errors of his sect in his heart, and evinces a disposition to defend the same, either by word or deed, he must go to the bishop, or some priest of the district, for instruction; and the latter must explain to him the precepts of religion, and, with the consent of the metropolitan, also give him the formulas of doctrine and the rules of faith. If any heretic, after having been instructed as aforesaid, should still persist in his error, he shall be liable to the penalty imposed by a preceding law; that is to say, the one which is provided for those who publicly defend their own sect, in opposition to our religion. And we hereby especially confirm such laws as are directed against the offences of the Jews, to wit: such as have been enacted concerning the wickedness of the Jews, or for the purpose of eradicating their errors. Thus, Jews shall no longer celebrate the Passover, according to their customs; or presume to marry, as formerly; or practise circumcision; or distinguish food as clean and unclean; or presume to torture Christians, or to testify against them, and no Jew shall circumcise a Christian slave. All Christian slaves who have been either sold or set at liberty by Jews, shall at once receive their freedom unconditionally, and under no circumstances shall a Christian slave remain in the service of a Jew. Concerning the law by which all Christians are forbidden to protect a Jew, we decree that no Christian, under any circumstances, by any act or favor, shall attempt to shelter or defend a Jew; or shall presume to conceal a judaizing Christian. We, therefore, decree that the severe laws formerly promulgated to suppress the perfidy of the aforesaid Jews shall remain in force, for all time; with the exception of such as are referred to in the two following chapters, which have been found to be contradictory to the others, as well as opposed to the principles of justice, and to our ordinances; and we hereby declare, in the plenitude of our wisdom, that said laws shall remain irrevocable and forever in force, provided they in no wise conflict with such others as we may hereafter promulgate. In respect to such edicts as seem to us improper and conflicting, the following two are repugnant to reason and to our institutions; wherefore they shall, henceforth, not be observed and shall have no force or effect in law. The first of these is that whereby the detestable power of liberating Christian slaves is bestowed upon the Jews. The second we condemn, because it subjects to the same penalty those who are guilty of different offences. While there are different degrees of guilt according to the laws, the latter do not always impose different penalties, but many crimes are treated alike, and each offence is not punished according to the measure of its guilt; for it is evident that crimes of greater and less gravity should not be punished in the same manner; especially as our Lord has said in the Divine Law that the penalty shall be in proportion to the offence; and, therefore, this law which prescribes the penalty to be inflicted for the transgressions of the Jews shall be hereafter considered of no validity and effect; for the reason that God does not desire the death of His creatures or rejoice in their perdition, but wishes that they may live in Him through their redemption. Henceforth we shall devote ourselves to the restraining of all malice; to the suppression of infidelity; and to the eradication of all profane doctrines; and we shall boldly resist the attacks of our enemies, and overwhelm them with the weapons of Divine power.
II. Concerning Blasphemers Against the Holy Trinity.
If God in the Holy Scriptures, declares that whoever insults his brother is worthy of punishment, and as the sentence of Divine justice condemns him as a still greater transgressor who sins against the Holy Spirit, how much more unpardonable shall he be who, in the future, shall denounce the Saviour Himself! Therefore, if anyone should blaspheme the name of Christ, the Son of God, and speak with contempt of His holy body and blood as a sacrament, and should refuse to partake of the same, or, having partaken of it, should cast it away; or should utter any blasphemy against the Holy Trinity, that is to say, against the Father, Son, and Holy Ghost; the blasphemer shall have his head shaved, and receive a hundred lashes, by order of the priest or judge in whose diocese or district said crime was committed, and the culprit shall also be placed in chains, and be condemned to endure the misery of exile. The property of said offender shall be given to the king, and shall remain irrevocably in the possession of those upon whom he may choose to bestow it.
ERVIGIUS, KING.
III. Jews shall not Absent themselves, or Remove their Children or Slaves, to Avoid the Blessing of Baptism.
While Divine truth teaches us to seek, to investigate, and to knock at the door, that it may be opened unto us, admonishing us, at the same time, that violent men shall not inherit the kingdom of Heaven, it is evident that those will not merit Divine favor, who do not exert themselves to that end, with their entire hearts. Henceforth, where any Jew of those who have not yet been baptized, or have themselves delayed their own baptism; or have, under any pretext, neglected to send their children or slaves to the priest, in order to be baptized; or have removed their slaves in order to avoid their baptism; and the said Jew, after the lapse of one year from the promulgation of this law, shall not have been baptized; said transgressor, whoever he may be, shall receive a hundred lashes, and, having had his head shaved, shall be driven into exile. His property shall be forfeited to the king, and shall be bestowed upon whomever he may direct, as the life of said Jew has shown him to be obstinate and incorrigible.
ERVIGIUS, KING.
IV. Jews shall not Celebrate the Passover According to their Customs, or Practice Circumcision, or Induce any Christian to Renounce the Church of Christ.
If the obstinate perfidy of the Jews had observed the law, and the substance rather than the shadow of the truth, the crucifixion of the Lord of Glory would never have occurred. For our Passover is designated by the sacrifice of Christ; and if He rejoices in the circumcision of our hearts, that symbolic operation ought in no way to be performed in the flesh; for the prophet has said, “Circumcise the Lord, and remove the prepuce from your hearts.” Therefore we, not regarding the shadow of truth aforesaid, but relying upon the promises of truth itself, decree that the following shall be observed: that when any Jew celebrates the Passover according to the rites of his religion, he shall receive a hundred lashes, be scalped, and be driven into perpetual exile, and his property shall be confiscated for the benefit of the royal treasury. Whoever shall circumcise either a Jew or a Christian, shall be mutilated;55 and his property shall be confiscated for the use of the royal treasury. Should any woman presume to practise the operation of circumcision, or should present anyone to another person to be circumcised, she shall have her nose cut off, and all her property shall be given to the king. They, also, shall undergo a similar penalty who cause a Christian man or woman to renounce the faith of Christ, or induce anyone to return to the practice of the false doctrines of the Jews.
V. Jews shall not Presume to Keep the Sabbath, or Celebrate Festival Days, According to their Ritual.
The delusive phantoms of error having disappeared, it is now incumbent upon us to labor unceasingly; for what other course is open to the lovers of truth? The Lord, speaking by the mouth of His prophet, has denounced this heresy in the following terms: “My soul abhors your Passover, your Sabbath, and all your ceremonies.” Wherefore, as we have been admonished by the apostle, that we should rather act according to the new spirit, than follow the ancient letter of the law, we hereby, in all faith and earnestness, give notice to the infidels, that if any Jew should presume to celebrate the appearance of the new moon, or the Festival of Tabernacles, or the Sabbath, or any holidays, or should observe any other rites or ceremonies of his worship, he shall receive a hundred lashes, shall have his head shaved, and shall be subjected to the misery of exile, and all his property shall be forfeited to the king; with the condition, however, that should he be converted at any time, it may be restored to him; but if not, it shall remain in the possession of those upon whom it has been bestowed.
VI. Every Jew shall Cease from Labor on Sunday, and on all Appointed Holidays.
There is no doubt that he is plainly an enemy of the Catholic religion who does not treat Sunday with due reverence. Hence, while we are pursuing those who deny or disobey our faith, we hereby decree with Divine sanction, that if any Jew, of either sex, should do any work on Christmas, or on any other sacred holiday, or on Sunday, or should spin, or weave, or perform any labor beyond that which the honorable custom of good Christians permits; such a transgressor shall have his head shaved, and shall receive a hundred lashes for his insolence; and where slaves, of either sex, are found occupied in such labors, they, also, shall be liable to the punishment aforesaid. The masters of said slaves, where they permit them to labor in this manner, shall be compelled to pay a hundred solidi to the royal treasury. Those days which shall be devoutly observed by the Jews, are the following, to wit: the Festival of the Holy Virgin Mary, during which the glorious Conception is celebrated; the Festivals of the Nativity and Circumcision; Holy Week and Easter; the day of the Discovery of the Cross; the Day of the Ascension; Pentecost; Sundays throughout the entire year; and all the days that are venerated by true believers in the doctrines of Christ.
VII. Jews shall not make any Distinction in their Food, According to their Custom.
The detestible Jewish custom, viler than any other superstition, dividing food into clean and unclean, accepts the former, while it rejects the latter. Whoever is convicted of the commission of the error of this practice, that is to say, who acts differently from the custom observed, under similar circumstances, by all true Christians, shall receive a hundred lashes and be scalped, by order of the judge in whose district the offence was committed. The provisions of this law shall be observed in every respect concerning drink, as well as food; and the punishment hereinbefore specified shall be inflicted upon all who abstain from the wines or other beverages of Christians. In regard to the flesh of swine, we hereby decree that no distinction shall be made on account of religious prejudice; but if any Jew should avoid such food through natural abhorrence, and not from a regard to the usages of their perverse sect, especially if their behavior, in other respects, is similar to that of Christians, and if they have embraced Christianity, and observe its rules, and are known to be sincere believers, they shall not be liable to punishment under the aforesaid law, merely because they have rejected the flesh of swine; for the reason that it appears contrary to justice, that those whom the faith of Christ has openly ennobled, should be rendered liable to punishment on account of their rejection of a single article of food.
VIII. A Jew shall not Marry a Person Nearly Related to him by Blood, or Contract Marriage without the Benediction of a Priest.
No Jew, of either sex, shall be permitted to marry a relative, either on the side of the wife or the husband, within the sixth degree, except according to the law imposed upon Christians; nor shall any Jew commit the crime of incest by marriage with a near relation. Those who violate the law by such an illicit union, shall undergo the following punishment, to wit: having been separated from one another each party shall receive a hundred lashes; they shall have their heads shaved, be subjected to severe penance, and then be driven into exile; their property shall be given to such children as they may have had by a preceding marriage—provided the latter have been in no way contaminated with the Jewish superstition, or polluted with the infamy of incestuous marriage. If, however, they should have no children, or, having them, the latter should be tainted with the Jewish error, or with the crime of incest, as aforesaid, then the property of said offender shall be forfeited to the king. The following, moreover, we direct shall be carefully observed in every respect, namely: that if any Jew, of either sex, after being converted, should desire to marry, he or she shall not be allowed to do so, unless a dowry is given, and a marriage contract entered into, as has been prescribed in the case of Christians; nor shall such ceremony be permitted, where it is not accompanied with the sacerdotal benediction within the bosom of the Church. If any Jew should marry without the benediction of the Church, as aforesaid, or should transgress, in any way, the provision of the law relating to marriage contracts, said Jew, after purification by baptism, shall be compelled to pay a hundred solidi to the king, or shall receive fifty lashes in public. Each of the persons aforesaid, that is to say, the husband as well as the wife, shall be liable to said penalty or fine; and the parents of said parties shall also be liable to the same punishment for their infraction of the law.
IX. Jews who Insult our Religion, while Attempting to Defend their own Sect, shall not Betake themselves Elsewhere; nor shall Anyone Shelter them while Fugitives.
If any Jew should presume to offer an insult to the Christian religion; or, by arguments, should induce anyone to abandon the Christian faith; or should defend the weakness of his own sect; or, while fleeing from the doctrines of the Christian religion, should conceal himself in any part of our kingdom; or should escape to foreign countries, for the purpose of concealment; or if anyone should offer a hiding-place to a transgressor of this law, knowing he is a fugitive; any of said parties guilty of any of the above-named offences, shall be punished with a hundred lashes, have his head shaved, and, after his property has been confiscated for the benefit of the king, shall be subjected to the miseries of slavery.
X. No Christian shall Accept a Gift from a Jew, to the Detriment of the Christian Faith.
Let him be considered as violating the rules of the Christian faith who pretends to be a defender of that faith, and, at the same time, defiles the truth by the acceptance of improper gifts; and let him hear what the Lord has said against him by the mouth of his prophet: “For the reason that you have sold the just man for silver, and the poor man for the price of your sandals, behold I will thunder over you as thunders a wagon loaded with hay; and he who is swift will lose his power of flight; and the strong man will lose his strength; and he who is brave, his courage; and he who wields the bow, shall not stand; and he who runs shall not be saved by his swiftness; and the rider shall not escape; and he who is strong of heart shall flee naked among the brave.” Who, then, is meant by the just man who was sold for silver, and the poor man for the price of your sandals, unless the only begotten Son of God the Father, whose innocent blood was formerly sold by the Jews for thirty pieces of silver, and is even now daily sold by those who pervert and deny the truth? And, indeed, there are certain of the people who, influenced by zeal for the faith, and by the most righteous intentions, promise to detect and punish the offences of the Jews, who are, nevertheless, corrupted by the common vice of avarice. For when, perchance, they have received gifts of some kind from these perfidious infidels, they unlawfully hold their peace, and those whom they formerly promised to expose and bring to justice, after the acceptance of a paltry bribe, they permit to go unpunished. Wherefore, we hereby decree that it shall be lawful for no Christian of whatever lineage, rank, or degree, whether he belong to the clergy, or to the laity, to receive a gift from a Jew, of either sex, or from any intermediary of the same, as a reward for acting against the faith of Christ; or to implicate himself in any other act against the interests of the Christian religion by the defence of such persons, for the sake of a reward. And if any person should be corrupted by the acceptance of any such gift, or should conceal the notorious errors of the Jews, and should interpose any obstacle whatever, in order that such wickedness may go unpunished, he shall be liable to the penalties laid down by the ancient Fathers, and shall pay double as much to the treasury as he shall have been proved to have received from the Jew.
ERVIGIUS, KING.
XI. Jews shall not Dare to Read Such Books as the Christian Faith Rejects.
To show favor to those readers whom it is not right to assist, is rather a mark of wickedness than of piety. For this reason, where any Jew reads books, or studies doctrines, in which the Christian faith is denied, or keeps or conceals such books in his house, he shall either receive a hundred lashes in public, or shall have his head shaved. Let all persons be cautious and beware of having books containing such doctrines in their possession, or of studying the same, or of even meditating upon them. And if, henceforth, anyone should attempt to repeat such an offence, he shall receive a hundred lashes, shall have his head shaved, and shall be condemned to perpetual exile; and because he has committed the offence a second time, he shall also lose his property, which shall be bestowed upon whomever the king may direct. Those shall be liable to a similar penalty, who presume to instruct children in the false doctrines contained in such books; and the teacher himself, when detected in the first transgression, shall receive a hundred lashes, and have his head shaved, and shall bind himself by a written agreement never to teach such doctrines again. If, after this, he should violate his agreement, and attempt to repeat what he had formerly renounced, all his property shall be forfeited to the king, and he himself shall receive a hundred lashes, shall have his head shaved, and be condemned to perpetual exile. All children under ten years of age, who are proved to have studied said false doctrines, shall be exempt from the penalties aforesaid. But any child over the age of ten years, who studies or meditates upon such doctrines, shall be liable to the fines and punishments hereinbefore mentioned.
XII. Christian Slaves shall not Serve, or Associate with, Jews.
It truly seems a crime of no small importance to the society of Christians, that the impious Jewish race, always rebellious against the rule of God, should have Christian slaves in their service, and, on the other hand, that an honorable adherent of the Christian religion should be humiliated in the presence of the children of infidels; that thus the body of Christ should appear to do homage to the ministers of Antichrist; and that, through a monstrous regulation, those very persons who are contending, by means of their customs, against our religion, should have the services of slaves attached to our Holy Faith subject to their impiety and errors. For which reason, we decree that henceforth the law promulgated by our glorious predecessor, Sisebutus, of holy memory, shall, in cases of this kind, remain in full force, and we hereby confirm the same except the clause by which the penalty of death is imposed; the said law being the one whereby our predecessors have placed all transgressors of the same under a perpetual curse.
No Jew shall presume to have in his possession a Christian slave; nor shall he dare to commit any breach of the provisions of this law, with this sole exception, which is sanctioned by the same, to wit: that a Jew shall have the power to liberate a Christian slave; because it is highly unworthy that those who are the adherents of a perfidious sect should be able to confer freedom upon Christians. For it is not consistent that the darkness should obscure the light, or that he who is himself a slave, should bestow the blessing of liberty; especially as this law was promulgated at the time the Jews were first summoned to conversion, and this privilege was then conceded to them. Now, however, we declare that no Jew shall set a Christian slave at liberty, because it is contrary to this edict, and all such as are proved to have in their possession Christian slaves, are transgressors of the law; and sufficient indulgence is shown them if they are not condemned for their transgression. Therefore this privilege is entirely denied them, for the reason that they presume to act against the rules and canons of the Church. We, however, for the sake of mercy, concede to them that from the first year of our reign, that is to say, for the space of sixty days from the Kalends of February, every Jew shall have the right to sell his Christian slaves, but not without the approval of the priests or judges having jurisdiction over the diocese, or the district to which said slaves belong, in order that the slaves who are sold may not undergo the penalty of death, and that the vendors may not, in some way, seek an opportunity for the commission of fraud, or the infliction of revenge. Therefore, when the sixtieth day from the aforesaid Kalends shall have elapsed, it shall not be lawful for a Jew to have a Christian slave, or any other Christian, in his service. After that time, that is to say, the period of sixty days, if any Christian slaves should be found in the possession of a Jew, they shall be free, and shall have a right to all property which has been bestowed upon them by their master, as provided by this law; and said slaves shall be entitled to their freedom, even if it should be proved that they have been forcibly concealed by their master. All Jews who, after the expiration of the aforesaid time, presume to keep in their possession, or conceal, any Christian slaves, or, in any way whatever, attempt to evade the provisions of this law, shall forfeit half of their property to the royal treasury; or, if they are persons of inferior rank, and have not the means wherewith to make reparation, they shall each receive a hundred lashes, and have their heads shaved.
ERVIGIUS, KING.
XIII. Where a Jew Declares that he is a Christian, and, for this Reason, does not Wish to Dispose of a Christian Slave.
Where a Jew, fearing that he will lose his property, fraudulently asserts that he has been converted to Christianity, and protests that he ought not to lose his Christian slaves, for the reason that he has been leading a Christian life, it devolves upon us to provide, by these laws, that the astuteness of fraud does not prevail, on the one hand, or sincere conversion suffer injury on the other. We, therefore, decree that all Jews throughout our kingdom shall have the right conceded by a former edict, to sell their Christian slaves, from the Kalends of February, in the first year of our reign, until the approaching Kalends of April; and, should they wish to retain said slaves, they must prove themselves to be Christians, as prescribed by law. We grant to all Jews, against whom there exists no evident suspicion of perjury, the space of sixty days from the Kalends of April during the present year, during which time such as desire to be saved, and wish to unite with the Christian communion, may do so; and we direct such persons to visit the bishop of the diocese, and publish their confession of faith, to which their signatures or seals shall be attached, in which confession each Jew shall declare that he abjures all the errors of his sect, and that he will in no way again observe or embrace any of its false doctrines. Every Jew who renounces his former errors, and is converted to the holy faith of Christ, shall inscribe in his confession the Christian symbol; shall promise that he will under no circumstances return to his errors, as he would to his vomit; and shall profess that henceforth he will, in compliance with the terms of his written confession, in no way change anything which we have included in this law. And the aforesaid confession he shall make, not merely with bare words and promises, declaring one thing openly, while he secretly retains another in his heart, while his artifice, cloaked by his promises, has more control over him than the truth. Bishops and judges shall use every effort to ascertain whether said confession is genuine or not, and that those who swear to it, according to the law, do so with sincere, and not with deceitful, hearts. All who act honestly, and whose profession, together with their works, prove them to be worthy of the Holy Faith, and whose promise under oath establishes that they are devout Christians, can have the use of Christian slaves. Christian slaves shall not be subjected to the control of Jews unless the latter are openly proved to be Christians, use Christian food, and contract marriage according to Christian customs. Any of said persons, however, who, after having made confession and been sworn, thereby dedicating themselves to Christianity, as aforesaid, are found to have broken their promises by the practice of any rite of the Jewish sect; for the reason that they dared to profane the name of God, and pollute themselves with the filth of Jewish error, shall forfeit all their property to the king, shall each receive a hundred lashes, and, having had their heads shaved, shall be subjected to the miseries of exile which they have so justly deserved. All those who, obdurate of heart, and blinded by malice, neglect to make public confession of faith within the period aforesaid, or presume to have in their possession a Christian slave after the time prescribed by law has elapsed, shall be liable to the condemnation of the former law, relating to Christian slaves remaining in the service of Jews, to wit: half of their property shall be confiscated for the benefit of the royal treasury, or, should they be persons of inferior station, and not have the means to make reparation, as aforesaid, they shall each receive a hundred lashes, and have their heads shaved. All Jews who retain possession of Christian slaves, and do not deliver up said slaves within the prescribed time, shall be reduced to perpetual slavery, and belong to those upon whom the king shall see fit to bestow them.
XIV. The Confession of Jews; and In What Way Each One of Them, who is Converted, must Write Down the Proof of his Conversion.
I hereby renounce all the rites and observances of the Jewish sect, and, without reserve, express my utter abhorrence of all their ceremonies and solemnities which I have practised and kept in former times, until now; and I pledge myself that I will, hereafter, observe none of said rites or ceremonies, nor will adhere to any of my former errors; that is to say, I will not retain them in my mind, or, in any way, carry them into effect. Henceforth, renouncing all things which are condemned and prohibited by the doctrines of Christianity:—
I believe in one God, the Omnipotent Father, Maker of Heaven and earth, the Creator of all things visible and invisible, and in our Lord Jesus Christ, the only son of God, begotten by the Father before all the centuries; God of God, light of light, the true God of the true God, born not made, equal to the Father, that is to say, of the same substance as the Father, by whom all things were created both in Heaven and earth. And I believe in Him who for the sake of man, and for our salvation, descended from heaven, and, born of the Holy Spirit and the Virgin Mary, became a man in the flesh; suffered under Pontius Pilate; was crucified, dead, and buried; who arose on the third day, ascended into heaven, and sitteth at the right hand of God the Father; who shall come again in his glory to judge the living and the dead, and to whose reign there shall be no end. I believe in the Holy Spirit, the regenerator, proceeding from the Father and the Son, who spoke by the mouth of the prophets. I believe in the Holy Catholic Apostolic Church, I confess that there is but one baptism for the remission of sins, and I believe in the resurrection of the dead, and in life through all coming ages. Amen.
I sincerely believe in all the things hereinbefore written, and I promise that I will keep them faithfully, and that I will embrace them with all the affection of my soul, and, subscribing my name thereto, I promise that I will never again return to the vomit of the Jewish superstition; and that I will never practise, or retain in my heart, any of the rites or ceremonies which the Jews are accustomed to observe; wholly renouncing the Jewish sect, rejecting in its entirety the perfidy of the Jews, and abjuring whatever is contrary to the Christian faith. And, hereafter, I will always profess belief in the Holy Trinity, so that I may live as I ought, according to Christian customs, and that, avoiding in every way the company of Jews, I may always associate with honest Christians. Likewise, I promise that I will always partake of food with Christians, or accept it from them; and that I will, as a faithful and devoted Christian, frequently go to the house of God; and I also promise that I will devoutly take part in the services of Sunday, and in the festivals of martyrs, as enjoined by the Christian religion; and that I will be present with true Christians on all festival days which the Church has ordered shall be observed with love and devotion, and will participate in all the ceremonies prescribed by the Christian faith. This, the profession of my faith and belief, is made upon such and such a day.
XV. Conditions under which Jews must Make Oath, when, having been Converted, they give in their Confession of Faith.
I swear first by God the Father Omnipotent, who said, “By me shalt thou swear, and shalt not take the name of the Lord thy God in vain”; who made Heaven and earth, the sea and all that in them is; who placed a boundary to the ocean, saying, “thus far shall thou come, and here shall thy swelling waves be broken.” Who also said, “Heaven is my throne, and the earth my footstool.” Who cast down the first and proudest angel from Heaven; before whose eyes the entire celestial host stood trembling; whose glance dried up the waters of the abysses, and whose wrath caused the mountains to melt away. Who placed Adam, the first man, in Paradise, and ordered him not to eat of the forbidden fruit, and who, having eaten it, He cast out of Paradise, and bound him, as well as all the human race, with the fetters of disobedience; who freely accepted the sacrifice of Abel, and worthily rejected that of Cain; who received in Paradise Enoch, together with Elias, in the flesh, before their time was accomplished upon earth; who, at the time of the flood, deigned to save Noah and his wife, and their three children and their wives, with the animals, and the birds of the air, and the reptiles, whereby the race of each was preserved; who caused Shem to be born of Noah, and from him Abraham, and from Abraham the Israelites to be derived; who chose the Patriarchs and Prophets, and blessed the Patriarchs, Abraham, Isaac and Jacob. I swear by Him who made the promise to the holy Abraham, saying, “in thy seed all nations shall be blest,” and gave him the symbol of circumcision, as an eternal covenant. I swear by the God who overthrew Sodom and Gomorrah, and turned the wife of Lot, who looked backward, into a pillar of salt. I swear by Him who strove with Jacob, and, touching his thigh, caused him to become lame, saying, “thou shalt henceforth not be called Jacob, but Israel.” I swear by the God who liberated Joseph from the hands of his brethren, and caused him to find favor in the eyes of Pharaoh, and by whom all Israel was saved from famine. I swear by the God who rescued Moses from the waters, and appeared to him in the burning bush, and who, by his hands, brought the ten plagues upon the Egyptians; and who liberated his Jewish people from Egyptian slavery, and caused them to traverse the Red Sea with dry feet, when the waves, contrary to their nature, stood, as a solid wall, upon either side. I swear by the God who drowned Pharaoh and his army in the Red Sea; and who, as a pillar of cloud by day, and of fire by night, guided the Hebrews in the wilderness. I swear by the God who, upon Mount Sinai, gave the law to Moses written in His own hand, upon tables of stone. I swear by the God who made the mountain of Sinai to smoke in the sight of the Children of Israel. I swear by the God who chose Aaron for His first priest, and consumed the sons of the latter with fire, in the tabernacle, because they offered strange sacrifices before the Lord. I swear by the God who, by His just judgment, caused the earth to gape and swallow up alive Dathan and Abiran. I swear by the God who caused the bitter waters to become sweet by casting twigs into the same. I swear by Him who, through Moses striking the rock with his rod, caused great torrents to gush forth, to refresh the thirsty Jewish people. I swear by Him who, for forty years, fed the Israelites in the wilderness, and preserved their clothing entire, so that it did not wear with the using. I swear by Him who declared by His irrevocable mandate, that none of the Children of Israel should enter the promised land, except Joshua-Ben-Nun, and Caleb, whom he promised and predicted should enter there; for the Israelites did not believe the word of God. I swear by Him who declared to Moses that he would raise his hand, and the Jewish people would be victorious over the Malekites. I swear by Him who ordered our fathers to cross the River Jordan, and to take ten stones from that river as a testimony. I swear by Him who ordered all Israel, when they passed over the River Jordan, to be circumcised with knives of stone. I swear by Him who overthrew the walls of Jericho. I swear by Him who decorated David with the splendor of royalty, and rescued him from the hands of Saul, and of his son Absalom. I swear by Him who filled the temple with a cloud, and poured out His blessings therein. I swear by Him who carried up the prophet Elias in a whirlwind and a fiery chariot, from earth to the throne of glory; and by Him who, at the prayer of Elisha, and with a stroke of the garment of Elijah, divided the waters of the Jordan in twain. I swear by Him who preserved the three young men in the furnace of burning fire, before the eyes of a hostile king, He who holds the key of David, and who closes what no one shall open, and opens what no one shall close. I swear by Him who performed all miracles, and displayed all virtues and all signs, among the Hebrews, or among other nations. I swear by Him, and by the ten sacred commandments of the law. I swear by Jesus Christ, the Son of the Omnipotent Father, and by the Holy Spirit, the Paraclete, which is one of the Trinity and the true God; and by the holy resurrection of our Lord Jesus Christ, and by His ascension into Heaven, and by His glorious and terrible coming, when He shall judge the quick and the dead, showing Himself merciful to the just, and terrible to the wicked; and by the holy body and precious blood of Him who opened the eyes of the blind, and made the deaf to hear; restored paralytics to health; loosened the tongues of the dumb; healed those possessed of the devil; made the lame to run, and raised the dead; who walked upon the waters; who resurrected Lazarus, whose flesh was already decayed, restored him to life and strength, and changed sorrow into joy; who is the Creator of the world, the origin of light, the source of vigor; who illuminated the world by His birth, and redeemed it by His passion; who alone was free among the dead, and whom death could not hold; who broke into pieces the infernal gates, and, by the majesty of His presence, rescued souls from the power of hell; who, having conquered death, raised to Heaven, after His conquest of the world, that body which He had assumed upon earth; and who now sits at the right hand of the Omnipotent God, the Father, from whom He has received the eternal power of the celestial kingdom. And I swear by all the heavenly virtues, and by all the relics of the Saints and Apostles, and by the four Holy Gospels which have been placed under this my written oath upon the holy altar of Him of the sacred name, and which I touch and hold with my hands.
And all these things which I have taken care to renew in my confession, or have added thereto, which confession I have given, signed with my hand, to thee, the bishop governing this diocese, I have declared in all sincerity to have been offered, not with artifice or fraud, but in good faith, as stated in said confession. And I hereby renounce all the ceremonies of the Jewish ritual, and declare my belief in the Holy Trinity with all my heart, and promise that I will forever remain in the Faith, and will never again associate with the impious Jews; but that I will hereafter live, in all respects, according to the Christian customs, and take part in all their observances; and that I will keep, with all purity of heart, whatever concerns the practice of the Holy Faith, which has been set forth in my confession; and that I will always live according to the apostolic traditions and the canons of the Holy Church. And if I should violate the same in any respect, or dishonor the Holy Faith, or attempt to practice any Jewish rite, or deceive you, by this my confession, made under oath; or, under any pretext whatever, I should not, even unintentionally, perform the things which I have promised, as you believed, or understood that I did promise; then may there be visited upon me all the curses of the law which have been uttered by the mouth of God against those who disobey His commandments. And may there come upon me, and upon my house, and upon my children, all the plagues and afflictions of Egypt, as an example and a terror to others; and may I suffer the judgment of Dathan and Abiran, and the earth swallow me up alive. And after I have departed this life, may eternal fire receive me, delivered up to the devil and his angels; and may I, sharing the punishments of the inhabitants of Sodom and Gomorrah, be given up to be burned; and when, at last, I shall come before the tribunal of the dreaded Judge and sublime King, our Lord Jesus Christ, may I be numbered among those to whom the terrible and glorious Judge shall say, “Depart from me, ye accursed, into everlasting fire prepared for the devil and his angels.” This oath was signed upon such and such a day and date.
XVI. Concerning the Christian Slaves of Jews, who have not Proclaimed Themselves Christians, and those who Expose Them.
All slaves, belonging to Hebrews, and who are members of the holy Christian communion, and who, henceforth, influenced, by their masters, do not declare themselves Christians, and remain under the yoke of their masters, for the reason that they have rejected the favor of liberty which was offered them, shall be doomed to perpetual slavery, and shall be given to whomever the king may select. Any person, by whose means this was exposed, if he should be the slave of a Jew, after having embraced the Christian faith, shall receive his freedom. If, however, the discovery was made by a Christian, he shall receive five solidi for every Christian slave, from him who is convicted of having violated this decree after its promulgation.
XVII. No Jew, under any Authority whatever, shall Dare to Oppress, Punish, or Imprison a Christian, Except by Order of the King.
No Jew shall have the power to rule, command, or restrain any Christian, except in cases where the king orders it to be done for the public benefit. If a Jew, acting under authority from any person, should presume to imprison, punish, coerce, or illtreat any Christian whomsoever, or should attempt to inflict upon him anything forbidden by law, or even what is not provided for by the laws, he shall either forfeit half of his property to the royal treasury, or, if he should not possess any property, he shall receive a hundred lashes, and have his head shaved. And where any person who is of noble rank, attempts to exercise this power over Christians, he shall be compelled to pay ten pounds of gold to the king; and where he is a person of inferior rank, he shall pay five pounds of gold. Those who have not the means wherewith to make reparation as aforesaid, shall receive a hundred lashes, and have their heads shaved.
ERVIGIUS, KING.
XVIII. If Slaves of Jews, not yet Converted, should Claim the Grace of Christ, they shall be Liberated.
The chosen apostle Paul, referring to something which happened at the time, or merely for the sake of truth, declared that Christ announced that, as we bestow liberty upon the faithful, so, also, we ought to afford infidels the opportunity to embrace eternal life. Therefore, if any slave belonging to a Jew should desire to be free from servitude, and seek the favor of Christ, no one shall retain him in bondage; no one shall oppose him in any way, or place any obstacle in his path; but, as soon as he shows himself to be a Christian, by his profession and his oath, and shall openly abandon, or reject the false doctrines of his master, he shall be at once released from slavery; and, removed, with all his property, from the control of his master, he shall fully enjoy the blessings of freedom; and the same rule which has been provided where Christian slaves have been emancipated, shall apply, in every respect, to his case.
XIX. Jews shall not Rule Christians under the Authority of Mayors of Towns, or of Superintendents of Estates; and Concerning the Penalties to be Imposed upon Such as Appoint them to Office.
Where a Jew is invested with authority or power by any member of the laity, and by its means he obtains control over a Christian family, his authority shall be at once transferred to the king, and he who accepted it shall receive a hundred lashes, have his head shaved, and forfeit half his property to the public treasury. If any bishop, priest, minister, clerk, or member of a monastic order, should invest a Jew with authority over church affairs, he shall forfeit to the public treasury as much of his own property as is equal in value to that over which he gave said Jew authority. If, however, he should have no property, he shall be sent into exile, that he may learn under the restrictions of penance, how impious it is to confer upon infidels, authority over true Christians.
XX. Where a Jew comes from Another Country into any of the Provinces of Our Kingdom, he Must, at once, Present himself before a Bishop, a Priest, or a Judge; and What shall be Done under the Circumstances.
Where a Jew, residing in a city or province of our kingdom, makes application to a bishop, priest, or judge of that diocese or district, and it appears from the testimony of ecclesiastical witnesses, that he has abandoned the observance of the Sabbath, and the practice of the rites and ceremonies usually observed by members of his sect; and that he did not make use of any of the same, while wandering hither and thither, or did not seek a hiding-place anywhere, in which to observe said rites; and that, while at home, he is known to have conferred with Christians of approved faith, partaken of food with them, and participated in the Christian communion; and that, upon such days as his ceremonies were accustomed to be practised, he resorted to the church to receive the salutary instructions of the bishops and the priests; and if said Jew asserts that he cannot remain for any length of time, on account of inevitable necessity, or press of business; then a confession of faith, to be signed by him, shall be drawn up by the priest of the parish, and the said Jew shall promise therein that, whenever, upon his journey, he finds any of his sect observing their rites or festivities, he will avoid them. And the said priest shall draw up a letter, written with his own hand, directed to those ecclesiastics, in whose jurisdiction said Jew represents that he is about to travel, in order that, all suspicion of fraud being removed, said Jew whether traveling, or remaining in one locality, may not be subjected to religious restraint and discipline. If any Jew should violate this law, authority is given to any bishop or priest of the diocese, as well as to any judge, to punish him with a hundred lashes; nor shall he be permitted to return to his home, unless he is furnished with letters from the bishop or priest of the diocese in which he was unlawfully found. In said letters the number of days shall be especially noted; that is, dating from the time when said Jew made application to the bishop aforesaid, as well as those included in his absence until the day of his return.
XXI. How Assemblies of Jews shall Visit the Bishop on Appointed Days.
Every colony of Jews, in whatever city or province they may be situated, shall visit the bishop or priest of the diocese upon the Sabbath, and upon all other festival days, when they are accustomed to celebrate their rites; they shall not be permitted to wander about on said days; and during all such festivals, when they are suspected of performing their rites, they shall under no circumstances leave their homes without the permission of the priest. Each of said Jews on every Sabbath, after having bathed, shall visit a bishop, or a priest, and receive his blessing. And in localities where there is no priest, each of them shall visit the judges, or other approved Christians, and shall associate with them openly, in such a manner that, if inquiry be made, said persons may give favorable testimony concerning their Christian behavior. Jewish women, that is to say, the wives and daughters of Jews, to the end that they may have no opportunity to commit any error or transgression upon the festival days aforesaid, when they are accustomed to practise their rites, shall act, in every respect, as may be prescribed by the bishops or the priests to their husbands when present; that, like their husbands, they may not absent themselves from ecclesiastical control, and on all the festival days observed by their sect, may associate with such respectable and devout Christian women as the priests or bishops may select. If anyone shall be proved to have violated this edict, he shall be punished with a hundred lashes, and have his head shaved. And, as priests are sometimes influenced by the execrable temptations of the flesh, it is hereby especially enjoined, that they shall not take advantage of opportunities of this kind, for the indulgence of the same. Wherefore, we decree, with all severity, that every priest shall strictly observe this law concerning Hebrew women, and shall not take advantage of any occasion by which he may be polluted with their company. And if, at any time, a priest should pervert the zeal which he should employ for the benefit of Christianity, for the purpose of indulging his licentious passions, he shall be deprived of his holy office, and be sentenced to perpetual exile.
FLAVIUS ERVIGIUS, KING.
XXII. Where Anyone has a Jew in his Service, and a Priest Demands him, the Master shall not have a Right to Retain said Jew.
Where anyone of the laity has a Hebrew man or woman in his service, or under his protection, and by the exertion of his authority deprives them of the privilege of resorting at any time, to the bishop or the priest, or prevents them from going, for the sake of instruction, to ecclesiastics, on the days appointed for that purpose, he shall be excommunicated by the bishop, and be deprived of said slave which he attempted to restrain illegally, and for every slave so restrained he shall pay three pounds of gold to the king.
XXIII. All Restraint of and Control over the Jews shall be Vested in the Priesthood.
Those who are charged with the enforcement of our laws, and the infliction of punishment upon infidels, are earnestly exhorted to fulfil the duty imposed upon them by Divine authority; for the Holy Spirit, whose truth is coextensive with the world, has said “Priests shall sit in My judgment seat, and shall judge according to My laws and precepts.” We decree that, hereafter, priests shall observe whatever is included in our laws and that they shall not suffer a Jew to be protected by anyone in the practice of his rites, but that all such Jews shall be exempt from the favor of those by whom they are shielded; and that said priests shall diligently take measures to bring all Jews under the control of the Church, for the sake of their salvation, which is the duty of all Catholic ecclesiastics; and that it will be their earnest care not to grow lukewarm in the enforcement of any of our laws aforesaid.
XXIV. Concerning the Penalties to be Imposed upon Priests and Judges who Neglect to Enforce the Laws against the Jews.
The priests of our Holy Church must exercise due and pious care lest they be held responsible for the transgressions of the people. For what profit is there, where one is not punished for his own sin, but still can be punished for the sin of another? Therefore, to correct the negligence of such persons, we hereby decree that if any bishop, influenced by avarice or malice, should be lukewarm in the enforcement of the laws enacted against the Jews, to wit: that where any errors of that perfidious sect have been detected by him, or where he has received information of them, and it appears that he neglected to correct said errors, he shall be excommunicated for the space of three months, and shall forfeit a pound of gold to the royal treasury; and, if he should not have the means to make such pecuniary reparation, he shall be excommunicated for the space of six months; and, for the purpose of making amends for the negligence of said bishop, any other bishop who is zealous in the cause of God, shall have authority to correct the errors of said perfidious Jews, which the former bishop neglected to correct, as aforesaid. And if, through deceit, negligence, or lukewarmness, the other bishop should hesitate, or procrastinate, in discharging the duty imposed upon him, his inactivity shall be punished, and the errors of the perfidious Jews be corrected by order of the king. This rule shall also, in every respect, apply to, and be observed by, all other ecclesiastics, as well as bishops; that is to say, priests, deacons and clerks, upon any of whom the duty of restraining infidels has been imposed by the bishop. And all judges who are informed of such crimes, or who shall, themselves, discover them, and do not at once punish them, as prescribed by law, shall each pay a pound of gold to the public treasury, as has been provided in the case of bishops. Nevertheless, priests, judges or other officials who have been invested with authority, shall not be liable to the aforesaid penalties, if they can prove that they were prevented, by command of the king, from proceeding against the Jews.
ERVIGIUS, KING.
XXV. No Judge shall Presume to Investigate the Offences of the Jews without the Knowledge of an Ecclesiastic.
No judge shall decide a cause involving the transgressions of the perfidious Jews, unless an ecclesiastic be present, lest, by the acceptance of a bribe, the Holy Faith of the Church be stained by avarice; but, as is frequently the case, where no ecclesiastic is present, the judge is authorized to proceed without him. If, however, the bishop should be absent, whether near at hand, or at a distance, he may leave a priest to act in his stead, who will co-operate with the judge in the enforcement of these laws, without any remuneration whatever.
XXVI. Bishops shall be Immune from Punishment, when their Priests do not Inform them of Such Things as Should be Corrected.
As soon as the priests, deacons, or other members of the clerical order, and all judges, vested with authority, throughout the different provinces of the kingdom, ascertain that a body of Jews is within their jurisdiction, they must not delay to place said Jews under coercion and restraint, as required by our laws; and all errors which said Jews are unwilling to renounce, shall be brought to the knowledge of the king and the bishop, in order that they may be corrected; and if a Jew should give information of the same to the bishop, he shall not be subject to punishment for any similar offence of which he may be guilty. No bishop shall be liable to discipline for neglect, when notice of the offence was not given him by his subordinates.
ERVIGIUS, KING.
XXVII. Concerning the Mercy to be Shown by Princes towards Those who have been Truly Converted to the Christian Faith.
The foregoing laws having been framed by us with care and diligence, and having attempted in them to adapt the punishment to the guilt of the offender, as, for instance, where we have sentenced certain of them to lose their property, and be driven into exile, we now hereby reserve the following privileges of mercy for ourselves, and our successors, to wit: that if any Jew, after having been ensnared by the devil, should come to his senses, and profess belief in the Holy Trinity; and the priests or judges of the diocese or district in which he lives, should establish the fact by their testimony; and the works of said Jew should correspond with his professions; in such cases the prerogative of mercy may be exercised by ourselves, and our successors; that is to say, after the confession and oath of said Jew has been made, and the evidence has been submitted to the king, the latter shall have authority to return his property to said Jew, and to recall him from exile. If, however, any such Jew, after having professed himself to be a Christian, should return to the vomit of his error, he shall be condemned to punishment, without any hope of pardon; and said punishment shall be proportionate to the proof of his hypocrisy, and the degree of his guilt, and whether he undergoes a capital penalty, or one of less severity, no mercy shall, under any circumstances, be shown him.
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.
The perversity of a deceitful mind is accustomed to make use of the pretence of ignorance, when it asserts that it has no knowledge of the law, and declares that it is exempt from punishment because it is ignorant of the New Testament. Now, for the purpose of removing this false and malicious excuse, we hereby order all bishops and priests to explain to the Jews within their jurisdiction, the decrees which we have heretofore promulgated concerning their perfidy; and also, to give them a copy of this book, which is ordinarily read to them publicly, in the congregations of the Church, and which they must always carry with them as evidence of their instruction. And if, after this book shall have been read to them publicly as aforesaid, or given into their hands, any of them should claim that he was not present when it was read, or should assert that he is ignorant of the laws contained therein, no excuse of his shall be thereafter received; but if, ever subsequently, he should be detected in the breach of any of said laws, under no circumstances shall he escape punishment for the same. And we add to this law, as being a necessary part of it that all written confessions and agreements which any Jew, at any time, has delivered to his priest, shall be carefully preserved by the latter, among the archives of his church, in order that it may be evidence against any Jew who may thereafter venture to resume the practice of his impious rites.
Footnotes
1 It must be remembered that under the Gothic polity, the legislator, invariably a member of the ecclesiastical order, was frequently called upon to exercise the exalted functions of the judge. In some instances, the two officials had concurrent jurisdiction; in others, the bishop was authorized to decide questions of law and fact in the absence of the magistrate. Especially was this the case where the interests of the Church were, in any way, concerned. Hence arises the apparent confusion of the duties of legislator and judge, in this and other chapters of the Visigothic Code.—[Ed.]
2 Preambles, such as the above, which are of frequent occurrence in this body of laws, show unmistakably its ecclesiastical origin, and the theocratic principles, which, at all times, dominated those who framed it. The Mosaic Code alone, among those of great antiquity, is constantly pervaded by similar religious sentiments; which, emanating from the high authorities of the Church, undoubtedly exerted great and beneficial influence over an ignorant and superstitious people. Such additions to legal enactments would seem strangely out of place at the present day.—[Ed.]
3 The first sentence of this chapter is directly at variance with the maxim subsequently inculcated with such diligence by the Church of Rome; through the rigid enforcement of which it long maintained its despotic empire, and which it still regards as one of the most important sources of its power: “Ignorance is the mother of Devotion.”
It may be conjectured from the above, that the familiar legal axiom, “Ignorantia legis neminem excusat,” already ancient, and well established in the seventh century, is probably as old as the law itself.—[Ed.]
4 The Visigothic Councils, whose authority was presumed to emanate from Heaven, and whose alleged sacred character invested also, to a certain extent, the monarchs elected by them, presumed to legislate for all coming time. Instances often occur where future kings are declared to be bound irrevocably by the acts of their predecessors, and by the decrees of the collected wisdom and piety of the nation, represented by the ecclesiastical assemblies of Toledo. Despite the solemn adjurations of prince and prelate, however, few kings hesitated to repeal or abolish the laws of their ancestors, when those laws either offended their prejudices, or interfered with their ambition.
The manifest injustice and iniquity now recognized by nearly all civilized nations as attaching to ex post facto laws, were not appreciated by the Visigothic legislator, or sovereign. Laws were frequently made retroactive, and were enforced with great severity in cases affecting questions of religious belief, as well as in those relating to the rights and privileges of the Crown.—[Ed.]
5 Considering that the crown was elective; that the monarch was only “Primus inter pares,” and that the subject had apparently the right to sometimes admonish his sovereign of his errors, a relic of the sturdy independence which characterized all northern barbarians; the doctrine of lesé-majesté seems to have early acquired great importance among the Visigoths, judging from the severe penalties visited upon those guilty of the offence.—[Ed.]
6 The coins principally in use among the Visigoths were those of the Byzantine Empire at that epoch, as follows:—Gold, The Libra, or pound, twelve ounces in weight, and divided into seventy-two Tremisæ, or twenty-four Siliqæ; and Silver, The Libra, containing twenty Solidi, and the Solidus, containing twenty Denarii of copper. The smaller coins, of which there were many, were those of ancient Rome, and of the Eastern Empire.
The Libra of gold was worth $368, and the one of silver worth $88, or, at the present value of money, $4,048, and $968, respectively. The Solidus ($56 gold, and $44 silver,) was the standard coin in circulation.
The gold Tremisa was the only coin struck by the royal mints during the Visigothic domination. Heavily alloyed, rude in design, and coarse in execution, these clumsy medals disclose the primitive conditions of the numismatic art of the period, being notably inferior to the contemporary examples of Byzantine coinage, themselves far below the artistic models of ancient Rome.
The severe fines imposed under the Visigothic Code, and whose non-payment generally involved the alternative of perpetual servitude, often caused the financial ruin of the offender.
7 Nothing in the whole system of the Visigoths is more remarkable than the care with which they attempt to preserve the integrity of the judiciary. It is not impossible that the notorious corruption attending the dispensation of justice by the Roman tribunals, in the days of the decadent Empire, may have prompted the drastic legislation against judicial misconduct which is so prominent a feature of the Code. The penalties in extreme cases are but little inferior in severity to that said to have been imposed by Cambyses; who flayed a corrupt judge, and placed his skin in the judgment seat, as a suggestive warning to his successors. It may well be presumed that, in the face of such punishment, the acceptance of bribes was not a common vice among the Visigothic magistrates. The latter did not receive regular salaries, but were paid according to the work they performed; a regulation which would appear, in some instances, rather calculated to encourage, than to suppress litigation.—[Ed.]
8 This chapter does not appear in the Castilian translation. It is the only instance in the Visigothic Code where any ordeal is permitted as a means of obtaining evidence of crime. The other ordeals, subsequently so popular during the Middle Ages, and employed not only in proceedings before judicial tribunals, but also by the clergy to establish the existence of demoniacal possession, do not seem to have been practised by, or even known to, the Visigoths. Nor did they ever appeal to the wager of battle, so congenial to the spirit of the pugnacious barbarian, and which afterwards became one of the institutions of the age of chivalry and feudalism.—[Ed.]
9 “Decalvatio” was one of the most dreaded punishments sanctioned by the Visigothic laws. The tonsure was itself considered degrading, among a people who attached the highest importance to a luxuriant growth of hair, even when, as a distinctive mark of their calling, it was undergone by ecclesiastics; and shaving the head, in the execution of a judicial sentence, was often regarded as an indelible mark of infamy. There were several degrees of this punishment, all of which did not entail the same suffering and disgrace. In some cases, the hair was cut in the form of a cross; in others, the head was entirely shaved. He who was “turpiter decalvatus,” was scalped, and had the skin entirely stripped from his head above the ears; a practice surpassing in barbarity that peculiar to the American Indian. It was not unusual, in the infliction of this cruel penalty, to include a portion, or even all, of the skin of the forehead; thereby horribly disfiguring the victim for life.—[Ed.]
10 The mutual relations and liabilities of principal and agent, and constituent and attorney, seem to have been well defined among the Visigoths. The attorneys, “assertori,” referred to in the Code, were, in reality, attorneys-in-fact. Strictly speaking, lawyers (although the assertor appeared in court, and, to some extent, exercised the functions of an attorney-at-law) did not exist among the barbarians who had migrated from the Euxine and the Danube, and by whom members of the legal profession were looked upon with both suspicion and hatred. It is said that Alaric, by way of mockery, cut out the tongue of a distinguished Roman advocate who fell into his hands. In the Visigothic tribunals each party stated and argued his own case; and, where an attorney was appointed, every precaution was taken to prevent the exertion of that insensible, but none the less weighty, influence which everywhere attaches to the possession of superior wealth, rank and power. The effect of written instruments delegating authority to agents of various kinds, was also well understood, and their validity was insured by the attestation of reputable witnesses.—[Ed.]
11 Branding was a penalty rarely imposed under the Visigothic system, and was deemed especially infamous on account of it being reserved for crimes involving unusual turpitude. He who was “notatus infamia” was deeply burned upon the forehead with a red-hot iron, which left an ineffaceable scar. Few offences were more detested by the Visigoths than perjury.—[Ed.]
12 There were various degrees of slavery recognized by the Visigoths. Slaves in the service of the Crown were often highly educated and accomplished for that age; exercised important and responsible employments at court; enjoyed many privileges, and were exempt from many restrictions ordinarily attaching to the servile condition. They were rather serfs than bondsmen; and could themselves own, and, under certain conditions, dispose of, slaves: a singular anomaly which could hardly exist, for any length of time, in a thoroughly civilized state. While the Roman master, under the law, was invested with absolute control over his slave, even to the extent of putting him to death, the Visigoth could exert no such irresponsible power. The worst features of the Roman System, rendered necessary where slaves existed in immense numbers, were rejected by the Visigoths, who displayed, in this instance, far more humanity than their polished and corrupt predecessors. Among them the Roman legal axiom, “Partus sequitur ventrem,” did not exclusively prevail; as the children followed the condition of the father as well as that of the mother. In both the Roman and the Visigothic codes the slave was considered as devoid of all personality; and was merely a chattel, with which debts and other obligations could be discharged, as with any other article of portable property. The servus idoneus, or slave of superior rank, was distinguished for his ability and integrity, or for the confidence reposed in him by his master; the servus vilis was ignorant, debased, and frequently criminal. In the infliction of penalties, a distinction was made between the individuals belonging to these two classes, and always in favor of the former. Freeborn persons who, by the sentence of the law, were reduced to slavery, a common occurrence under the Visigothic system, and a penalty from which tyrannical and corrupt judges were not exempt, were designated mancipia. Slaves belonging to the Church were generally of a high order of ability and trustworthiness, like those who were the property of the Crown. The owner was made liable in damages for any injury committed by his slave; as the latter not being a person, and still less a free agent, was legally presumed to be under the control of his master, who, consequently, was responsible for his acts. The Visigothic Code in comparison with others, protects the rights of slaves with great impartiality, and often treats their minor offences with marked indulgence.—[Ed.]
13 This is probably the first instance on record, of a law authorizing the taking of depositions. It will be observed that no provision is made for the service of notice on the other party to the suit. The art of cross-examination does not seem to have been either recognized, or practised, by the Visigothic tribunals. The rigid investigation by the judge, who examined all witnesses, was presumed to be amply sufficient to elicit the truth—[Ed.]
14 In the words of the text, “pari simul sententia falsarii teneantur.” Subornation of perjury was, as will be seen from the above, placed in the same category with perjury. The penalty for the latter crime varied with the social status of the culprit, from the loss of the fourth of his property, to scourging, and perpetual servitude. See Book VII, Title V, Chapter II.—[Ed.]
15 A large part of the preceding Book has been borrowed from the Roman jurisprudence, and some of it is older than the Twelve Tables. It is hardly necessary to remark that the intelligence and experience of semi-barbarians are unequal to the task of the framing, construction, and execution of enactments relating to the enforcement of civil obligations, and the testamentary disposition of property, as set forth in these chapters. The power to distrain, referred to in Chapter VIII as effecting the property of a surety for a debt, is a remedy whose origin antedates all history. It was the pignoris captio of the Romans, among whom it was a summary proceeding, undertaken without previous application to a judicial tribunal. It was supplemented by the manus injectio, or seizure of the person of a debtor or wrongdoer; followed by his subjection to hard labor, and often to cruel treatment, until the unpaid claim was satisfied, or the tort he had committed, had, in the opinion of the injured party, been sufficiently punished. This form of execution was much used by the Visigoths, and its severity was somewhat modified by their laws; but while its most oppressive features were eliminated, enough remained to render the proceeding liable to great abuse.
The rules relating to the execution, attestation and proof of wills and other legal documents, contained in the Forum Judicum were, for the most part, derived from the Codes of Theodosius and Justinian. The provisions governing nuncupative and holographic testaments are very similar in all these collections. The will made by a traveller or a soldier, while on a journey or absent in the service of the government, is merely the peculium castrense, or military will of the Roman legionary. Codicils, introduced by the laws of Justinian, were unknown to the Visigoths.—[Ed.]
16 The crime of rape was considered by the Visigothic legislator in the original and broader acceptation of the term, and not according to the more limited significance attaching to it at the present day. It included, therefore, the offences of abduction and kidnapping; all survivals of practices observed by mankind in their natural condition; one of whose customs, marriage by capture, still prevails among certain barbarous nations. By the Visigoths, as by the Romans, rape, theft, and some other crimes, were classed as private wrongs, to be expiated by the infliction of personal vengeance. For this reason, the ravisher was delivered up to the tender mercies of the relatives of the victim; or, reduced to servitude, he was compelled to serve the latter for life.—[Ed.]
17 The Statute of Limitations could be pleaded in few crimes, under the Visigothic Code, and especially was this true where the defendant had been guilty of what we would call a felony. The reason for its adoption in this instance is obscure, and this law may have been enacted for some special purpose, or to fit some particular case; retroactive legislation being common under the Visigothic Monarchy. In all other laws published under this Title, marriage between the parties is not only absolutely prohibited, but every precaution is taken to make it impossible. As the former decrees and enactments are not stated to have been abrogated by the promulgation of the above-mentioned law, its application and enforcement would seem to have been difficult, to say the least. Such conflicting legislation was, however, not unusual under the polity of the Visigoths.—[Ed.]
18 No one can doubt that, under such conditions, it was “fully satisfied.” This is another instance where the punishment of a personal injury was regarded, not as an offence against the community, and a breach of good morals, but as a case demanding private retribution, as is specifically stated in the law itself.
The distinctions between the crimes of rape, adultery and fornication, as now established, are not clearly set forth in the Visigothic Code. Intercourse with a widow is designated adultery. The rape of a woman of any condition, is frequently called adultery with violence. The excessively harsh penalties prescribed for such offences, and which, as a rule, were only limited by the caprice or compassion of the party injured, are a relic of the customs of the Northern barbarians, with whom female chastity was as much the rule as, on the other hand, it was the exception among the warmer-blooded nations of Southern Europe. Most of the laws relating to crimes against women are termed “ancient,” showing their derivation from a remote antiquity, or Roman origin.—[Ed.]
19 The extraordinary leniency shown by this law to ecclesiastical culprits, as compared with laymen guilty of the same offence, openly displays the bias of the legislative power. There was one rule for the priest, and another, and a very different one, for his parishioners. It will be noted, also, that no provision is made for the punishment of the higher clergy; while it was notorious that the bishops and metropolitans were the greatest of all offenders, where women were concerned. As they framed the laws which governed the people, and were presumed to receive their inspiration from heaven, they naturally came to regard themselves as above their own decrees, and not liable to their penalties and restrictions. The dissolute character of the priesthood in those times, and long subsequently, is well known to every student of history. The indulgence with which the bishop was accustomed to regard the failings of his subordinates is disclosed by the fine imposed upon him for neglect to discipline the former. No mercy is shown to the women involved, and, what is unusual, no distinction is made where the latter belong to different castes, or stations in society. It is probable that this law, so far as the punishment of the clergy was concerned, “was more honor’d in the breach than the observance.”—[Ed.]
20 The right of dower, established by the Visigothic Code, is Roman in origin. It was derived from the bestowal of the dowry, “res uxorica,” which was an almost indispensable part of every marriage contract, and with which it is sometimes now confounded. While, under the Roman law, the dowry was given by the intended wife or her relations to the intended bridegroom, or to some member of his family, with the Visigoths it came from the bridegroom, and represented, in fact, the purchase money paid for the bride; a survival of the ancient barbarian custom of marriage by purchase, just as the wedding-ring is symbolical of the presumed subordination of the wife to her husband, a ceremony whose purpose, as well as significance, have both long since been forgotten.
Both the rights of dower and curtesy, as defined by the legal polity of the Visigoths, it will be seen, are practically the same as they now exist under the laws of England, and of those of many of the States of the Union. Considering the lapse of time, the differences of race and religion, the wide divergence of political systems, and the antagonistic character of many of the social usages observed during epochs separated by thirteen centuries, this fact is very remarkable. While the wife had a right to the use of half of the deceased husband’s property during her lifetime, he had a right to the use of only one third of hers, as he has to-day. The favor generally shown to the wife in the stipulations of the marriage contract, are largely the result of the independence enjoyed by the sex under Teutonic and Scandinavian customs.—[Ed.]
21 There is some ambiguity in this and in the preceding chapter, growing out of the use of the term pupillus in the text; it denoting indiscriminately, minor, ward, and orphan. The provisions would apply with equal propriety to any or all of these, but it is most probable that minors alone were intended to be designated.—[Ed.]
22 As the law of primogeniture, so popular with mediæval and modern nations, was not recognized by the Roman jurisprudence, so it was also rejected by the Visigothic legislator. The testamentary distribution of estates under the Code was governed by far more equitable principles than obtain, even in our time, among many peoples who have enjoyed, for centuries, the experience and advantages of a highly developed civilization. While the testator was, for the most part, unhampered in the final disposition of his property, he could not disinherit any of his children without just cause, and that cause was required to be specifically stated in his will. Where children or grandchildren shared equally in the estate of their parents or grandparents, all cause for family dissensions on account of favoritism or undue influence, was absolutely removed. As it was provided by law that the estate of the decedent must descend in the direct line, to the exclusion of stepchildren, another source of dissatisfaction and temptation to fraudulent interference with the rights of the next of kin was permanently disposed of.
The interests of all heirs were jealously guarded. Even the dowry of the wife, peculiarly her own property, as it represented the purchase price paid for her by her husband, could not be alienated, to the prejudice of her children. The dutiful conduct of the latter was insured by the law which declared all their rights in the estates of their parents to be forfeited, in case they were guilty of gross insult or violence toward the former. In the case of wards and minors, there is probably no body of laws which protects with more solicitude the interests and property of such helpless beings, than do the provisions of the Visigothic Code.—[Ed.]
23 This decree, promulgated about 660, is one of the first of the statutory declarations recognizing the principle of mortmain. The Codes of both Theodosius and Justinian contained similar, but far less sweeping provisions relating to the acquisition of property by the Church; but these were concerned, for the most part, with bequests. From the nature of the case, however, in the organization and perpetuation of ecclesiastical societies, custom and necessity must early have rendered real property inalienable by bodies which never die; and which are encouraged to add to their wealth by every expedient, honorable and dishonorable, but are prohibited by tradition, policy, and legal enactment from conveying their possessions to the laity.—[Ed.]
24 Priests and deacons, under the Visigothic ecclesiastical system, which, it must not be forgotten, was at all times practically independent of papal authority, were permitted to marry; as were their Arian predecessors. Such a union, however, was subject to certain restrictions. It could only be entered into once; the bride had to be a virgin; and where the husband was raised to a higher dignity in the Church he was compelled to, at once, repudiate his wife. The marriage itself was an impediment to promotion, as priests without families were much more sure to rise in their profession than those who had contracted marital obligations.—[Ed.]
25 The holding of a plurality of livings by a single ecclesiastic, an abuse which, in after times, assumed such gigantic proportions under papal rule, especially in England, where, by reason of the hardships it produced, it promoted in no small degree the progress of the Reformation, was scarcely known to the Arian, or Catholic clergy of Spain. The enjoyment of the revenues of one, or a greater number of benefices by a layman, no matter how wealthy or powerful the latter might be—a custom elsewhere so prevalent—was not provided for by the sacerdotal legislature of the Visigoths in their Code of laws; for the reason, no doubt, that such a thing was deemed too improbable for serious consideration.—[Ed.]
26 The institution of patron and libertus, or client, adopted by the Visigoths almost without alteration, dates back to the primitive ages of Rome. The regulation was recognized by the Law of the Twelve Tables, and was modified by various enactments during the eras of the Republic and the Empire. Its survival, during all the vicissitudes attending the Roman domination, attests its peculiar adaptability to the national character, and to the political and social organization of the people who established it. It presents a greater analogy to the Highland clan than to any other modern institution, although marked and radical differences exist between the two; the strongest resemblance being in the devoted allegiance due to both the patronus and the chieftain. By the ordinary act of manumission the slave became a libertus or freedman; a term of much more limited significance than it has at present. The former master then became the protector and guardian of his freedman; and, in return for this protection, the latter was bound to perform certain duties, which he could not evade without the reproach of ingratitude, and the certainty of punishment. One of these obligations was that of military service, which differed from those subsequently required by the law of the Feudal System, only in that it was not especially rendered as a condition for the tenure of a fee. The relation of patron and client, which, under the Romans, could only be dissolved between individuals by death, or by the loss of his freedom by the client for misconduct or insolence, was not so strictly observed among the Visigoths. Under their system, the freedman had a right to transfer his allegiance to another patron; an act which caused the forfeiture to his former master, of at least half his property. Not only individuals, but churches, and municipal bodies, could exercise patronal rights. While the term client was generally applied by both nations to a manumitted slave, it had in fact, a much broader meaning; and denoted any person who voluntarily placed himself under the care or supervision of another of superior rank or power. This institution had more influence in preserving and perpetuating the distinctions of caste—that most pernicious and fatal of evils which cause the disintegration of nations and overthrow of governments—than any other arbitrary and oppressive regulation of ancient times.
27 Among the clients owing services to a patron, were the buccelarii, who derived their appellation from the buccela, or ration, furnished them. They may be designated “bailiffs,” as their duties resembled, in many respects, those of the Spanish alguazil. They formed part of the armed retinue of the patron, accompanied him to war, and guarded his property in times of revolution and disorder.—[Ed.]
28 The irresponsible, and more than despotic authority vested by the Roman laws in the father over the son, was thoroughly repugnant to the Visigothic conception of justice and freedom, which had been transmitted through many generations of barbarian ancestors. The Roman father not only possessed the power of life and death over his children, but had the undisputed right to sell them into slavery. The parental and filial relation was hedged about with such restrictions that it was almost impossible to sever it during life. By the law of the Twelve Tables a son could not be free, unless he had been sold as a slave and manumitted, three times. His reduction to a condition of servitude carried with it many civil disabilities which could never be removed. The independence of a son of his father’s control rendered his inheritance of the parental estate impossible. These oppressive regulations were either greatly modified, or entirely abrogated, by the more equitable policy of Visigothic legislation. In the case of female children also, under the latter system, principles more consonant with ideas of justice prevailed. The emancipation of the sex from arbitrary restraint also made great progress, when it is remembered that a woman, no matter what her age or position, was always considered by the Romans to be in a condition of tutelage.—[Ed.]
29 This affords curious and instructive information as to the cost of books in the seventh century. The silver solidus is meant, as, where any coin referred to is of gold, the fact is always stated in the Forum Judicum. As the solidus was nominally worth $4.00 of our money, but in reality $44.00, taking into consideration the difference of values at that and the present time, it will be seen that the price fixed by law, of a copy of the Visigothic Code, was $17,600.00. This appears incredible, but it must be borne in mind that all books were in manuscript; that few persons were qualified to write them; and, as ignorance was almost universal, the demand for literature was extremely limited. The preparation of a literary work was then a formidable and expensive undertaking. Most of the books of that age, and, indeed, for centuries subsequently, were of a religious character, such as missals, fabulous chronicles of the Church, and spurious and imaginary biographies of saints. Making the sale of a collection of laws at a price above a certain sum a penal offence, punishable with the scourge, is an example of crime unique among the mala prohibita.—[Ed.]
30 Twelve and a half per cent was the ordinary rate; but, in some instances, it was much higher. The law against usury was habitually violated by the Jews, who extorted enormous rates of interest both from individuals and from the Crown.—[Ed.]
31 All the laws relating to bailments, included under this and the preceding Title, are of ancient origin; that is, borrowed, almost without change, from the Roman jurisprudence. The responsibility of the bailee for property entrusted to him, is determined by the same principles which experience and a sense of equity, in all ages, have demonstrated to be just and expedient, and which form the basis of similar contracts at the present day. The requirement of ordinary or extraordinary diligence and care was then, as now, dependent upon the question whether one or both parties derived benefit from the bailment. In case of gross negligence or fraud, the bailor was entitled to an animal or article of equal value to the one lost or destroyed; just as he can now, under similar circumstances, recover damages in a suit at law. The forfeiture of half the value of the property loaned, when it was stolen, and negligence was not established, or even alleged, is a novel regulation, and one especially calculated to render the bailee more careful and alert. The custom of pawning property as security for money loaned is, no doubt, as ancient as any business transaction, and is the pignori acceptum of the Roman, and Civil and Common Law authorities. The question of negligence does not seem to have been considered where a pledge was stolen; for, in this case, the entire loss was sustained by the bailor, and not half of it, as when the article was merely loaned by way of accommodation, and no remuneration for its use was expected.—[Ed.]
]
32 The savage Lex Talionis of the Mosaic Code, which demanded “an eye for an eye and a tooth for a tooth,” was permitted by the Visigothic jurisprudence, as is disclosed by this and other chapters. In most instances it was authorized where, on account of the poverty of the culprit, a pecuniary compensation was not forthcoming. Notwithstanding the abuse to which it was inevitably liable, there is certainly a measure of stern and retributive justice in the provision consigning a false accuser to the vengeance of the family of his deceased victim; as well as in the case of a wicked and corrupt judge, who maliciously permitted an innocent man to be tortured to death. The Lex Talionis was not unknown to the Romans, and is referred to in the Twelve Tables; but, in after times, their ideas of the proper functions of judicial tribunals, in the infliction of penalties, were too correct to countenance either its acceptance or enforcement.—[Ed.]
33 Ignorance, inhumanity, and contemptuous disregard of the principles underlying the law of evidence, have, in all ages, impelled semi-barbarians and churchmen to the employment of torture. The absolute unreliability of such a means of eliciting truth, one would naturally suppose would cause it to be rejected by nations in the enjoyment of advanced educational facilities and occupying a high rank in the scale of civilization. Such, however, was far from being the case. An inheritance of the atrocities of the Inquisition, it was still used in France and Spain during the eighteenth century. In Scotland, which was subject to the Civil Law, it was not forbidden until the time of Queen Anne. Although prohibited by Magna Charta, and absolutely unknown to the Common Law of England, torture was, nevertheless, frequently employed as late as the reign of Charles I. A form of it, the peine forte et dure, applied where a prisoner accused of felony stood mute, was authorized by the Statute I, 3, Edward I. During the reign of the tyrannical Henry VIII, the question was in high favor with that monarch and his legal advisers, and the public tormentor, while his profession carried with it the highest possible degree of execration and infamy, was the object of both fear and adulation among the rabble. Such famous lawyers as Sir Edward Coke and Sir Francis Bacon, were earnest advocates of the efficacy of the rack in extorting evidence from recalcitrant witnesses and suspected traitors. In none of the above mentioned instances, were any restraints imposed upon the zeal or malevolence of those entrusted with the application of this relic of barbarian procedure. Under the judicial system of the Visigoths, however, the abuse of torture, or even negligence in its employment, was severely punished; and sometimes, as may be seen from the above, retribution was exacted by the no less iniquitous Lex Talionis. Pecuniary compensation for damages sustained through malice, or neglect of proper care, or where an innocent person was put to the torture, while an inadequate return for the wrong inflicted, was not, under similar circumstances, sanctioned by the customs and practice of more cultured nations, nine centuries subsequently. As a slave was a chattel, he possessed no civil rights, and his master, for this reason, had the privilege to compound his offence, if it were not of too serious a character. The fixing of a prescribed limit, in the value of the property involved, for less than which the question could not be employed, is derived from the arbitrary tariff of fines imposed for the loss of limbs, and other personal injuries, which has always been in use among semi-civilized races. Distinction in point of rank and social position was sedulously observed by the Visigoths in the case of the infliction of torture, as well as in the imposition of penalties for violating the laws and in all subjection to civil disabilities. The worse than useless character of this mode of examination was never considered by mediæval authorities, although it was ably set forth many centuries previously by Cicero, in the following terse and vigorous language: “Regit quæsitor, flectit libido, corrumpit spes, infirmat metus, ut in tot rerum angustiis nihil veritati loci relinquatur.”—[Ed.]
34 This would have been readily accepted as law under James I, a thousand years subsequently; and, no doubt, would have been indorsed as sound by Cotton Mather, whose sanguinary executions for witchcraft took place nearly eleven centuries after the death of the Visigothic king, Chintasvintus. The penalties for sorcery set forth in the Forum Judicum, were far less harsh than those prescribed by the Anglo-Saxon jurisprudence. The punishment of death was not permitted by the former, except where life had been lost through the effect of incantations or charms; a rare occurrence, as may well be surmised; and torture by fire is not even referred to, still less tolerated. In this instance, as in many others, the more lenient policy of the barbarian appears in striking contrast to the fierce and blind intolerance and cruelty of nations in the possession of superior culture and intelligence, and living in a far more progressive age.—[Ed.]
35 While abortion, as is well known, was not a crime at Common Law, and, under statutory regulations, was for a long time not considered punishable until the period of quickening; it was, however, recognized as a serious offence by the Romans, whose legislation on the subject was copied by the Visigoths. The wide variation of the penalties prescribed was, as is usual, largely dependent upon the social standing of the culprit; excepting in the provisions of the seventh chapter, where the innate cruelty of barbarian retribution is disclosed by one of the most frightful of punishments.—[Ed.]
36 It is probable, from the extreme cruelty of the penalty imposed for professing ignorance of the laws of the land, that this defence had been frequently set up by criminals, and that it had, in not a few instances, been pleaded with success. There is not, in the entire Code, a sentence exceeding this in severity, as the crime itself is supposed to have been sufficiently expiated by the infliction of the Lex Talionis.—[Ed.]
37 The various degrees of homicide, as set forth in the preceding chapters, were clearly understood if not specifically designated, by the Visigothic legislator. Chapter XI, which describes the crime corresponding to murder in the first degree, is the only one of undoubted Roman origin; all the others being the acts of Councils, or the edicts of kings. In the first and second chapters, the circumstances which characterize excusable homicide are stated; and in the third, fourth, fifth, sixth, and seventh, the conditions attending the crime of manslaughter are explicitly defined. The vital question of intent, or the existence or non-existence of malice prepense, is referred to repeatedly, both in a positive and negative manner, whenever homicide is described. The humane protection afforded the slave from the cruelty of his master, as provided for by Chapter XII, suggests what frightful abuses must have previously resulted from the unrestrained exercise of magisterial tyranny. The guilt of the accessory-before-the-fact was not considered as great as that of the principal; as the penalty to which the former was liable, while being severe, as well as in the highest degree ignominious, fell short of the infliction of death. The horror with which a parricide has always been regarded, was likewise felt by the Visigoths, as is disclosed by his summary execution by the same means that he employed to take the life of his victim; a form of the Lex Talionis which was only made use of in the case of crimes of peculiar atrocity. The blinding to which a murderer was subjected, who had claimed the right of asylum, was far from being an exhibition of clemency, and certainly entailed greater suffering than the extreme penalty otherwise prescribed by the law. Homicide was justifiable, as has been seen, when committed in self-defence against an attacking party; in certain cases of trespass vi et armis, and where a father killed his adulterous daughter in his own home, or a husband caught an adulterer with his wife, in flagrante delicto. In the latter instances the offender was especially exonerated from all blame, on account of the provocation; and, therefore, could not be held for manslaughter, as he now can be, under the statutes of the majority of our States. Justification could also be pleaded where a criminal was killed while committing highway robbery, larceny, or burglary; the latter (furtum nocturnum) being a much more comprehensive term than ours, and including all kinds of nocturnal depredations. The employment of that popular American fiction, the “unwritten law,” by means of which so many homicides have been acquitted, and which appeals so strongly to the primitive sense of retributive justice which still dominates humanity, was thus openly endorsed by the Visigothic Code. Insanity, as a defence for homicide, was utterly unknown to the legal systems of antiquity; and it is only under the highly artificial conditions of modern civilization that this theory has attained such an extraordinary, and often pernicious, development.—[Ed.]
38 It is rather remarkable that the theft of royal property should only have been punished by the imposition of a fine equal to that prescribed where a private individual was robbed. It is evident that, under a strict construction of this law, no other penalty could be inflicted.—[Ed.]
39 This chapter, a survival of the irresponsible authority exercised by the Roman dominus, is the only one in the Code where the fate of a slave, guilty of crime, is specifically and absolutely left to the will of his master. It is possible that, on account of the facility afforded for the commission of such offences, the possession of extraordinary power was supposed to be required, as a safeguard.—[Ed.]
40 The enforcement of the Lex Talionis in case of the kidnapping of a freeborn person indicates the abhorrence with which the crime, ever regarded by all nations as one of the most atrocious in the calendar, was viewed by the Visigoths. As slaves were valuable articles of property, the legislation of the Code was principally directed against those who stole them. The kidnapping of women, having been already provided for under the title of Rape, is, for that reason, not referred to here.—[Ed.]
41 The mildness of the sentence imposed for the crime described in this chapter, which seems to include the capital offences of treason and lèse-majesté, as well as the lesser one of forgery, is most extraordinary and inexplicable. Although “the divinity that doth hedge a king” was not fully recognized or appreciated by the Visigoths of the seventh century, whose monarch was the creature of an ecclesiastical council, and not infrequently deduced his origin from any but a princely house, it is still inconceivable that these offences being particularly directed against the regal dignity, should have been regarded as personal and of trifling moment, for it can be readily conjectured what serious trouble and embarrassment a spurious edict, purporting to emanate from the throne, might cause.
The “notaries” herein referred to were secretaries, shorthand writers or amanuenses.
This law is of Roman origin, and the amputation of a finger or a hand, while not unusual under that system, was a more prominent feature of Greek penal legislation, from which the Romans, at the time of the adoption of the Law of the Twelve Tables, borrowed many of their punishments.—[Ed.]
42 The penalty above described for an offence of such gravity as highway robbery, seems to be grossly inadequate. It is, however, a peculiarity of the Visigothic Code that, for many breaches of the law which we class as misdemeanors, it authorizes punishments generally inflicted for the commission of felony, and vice versa. Perhaps the courts construed the expression “complete legal satisfaction,” to mean the sentence usually imposed for theft. There can be little doubt that the obscurity of the language which often characterizes the edicts of the Forum Judicum, would, under a less strict and impartial judicial system, have offered many opportunities for the escape of an offender from the legal consequences of his crime.—[Ed.]
43 Between one twelfth and one fourteenth of an acre. The great Roman highways, portions of which are still in good preservation in some of the provinces of the Spanish Peninsula, and especially in Estremadura, were usually from eleven to fifteen feet wide; and, with the space required by the Visigothic laws to be left unenclosed for the passage of cattle, were sometimes sixty to a hundred feet in their entire width.
The Visigothic surface measures were partly Roman, partly Gallic, and partly Gothic. The standard, the Jugerum.622 acre, was older than the Roman Republic; the Arepennis, equal to half a Jugerum, was used by the Gauls; and the Aratrum, or “ploughland,” corresponded to an area of a hundred and twenty acres, approximately, and is of Northern derivation. The Aratrum was divided into “oxgates,” or “oxlands,” being as much arable soil as could be tilled by an ox, usually fifteen acres, but varying according to country and custom. For purposes of description, the latter term, evidently an importation of the Danes or Saxons, is frequently employed in the ancient English works on tenures; particularly where the latter were of the classes designated as “base,” and “in gross”; as well as in conveyances and leases, where absolute accuracy of boundaries was either unnecessary or unattainable. The divisions of “ploughland” and “oxgate” were used much more recently in Scotland than in England.—[Ed.]
44 The reader cannot have failed to remark the striking analogy existing between the laws of the Forum Judicum relating to strays, and our own statutory enactments on the same subject. Indeed, aside from some of the penalties imposed, and the amount of compensation allowed, the regulations are, in many instances, almost identical. Unlike a great part of the Visigothic legislation, where trespass, and other violations of the law of real property are involved, few of the provisions concerning strays are derived from Roman sources. Most of them are unquestionably survivals of the ancient legal traditions of the wandering Gothic tribes, the great bulk of whose wealth consisted of flocks and herds of sheep and cattle.—[Ed.]
45 This law was evidently intended to repeal the preceding one, although this is not specifically stated. Its enactment, as is set forth in the preamble, was demanded by the constantly increasing number of marriages between freeborn persons and slaves. The degradation attending such unions does not seem to have been regarded by the masses with the same prejudice that actuated the law-making power, whose interest it was to rigidly maintain the barriers of caste.—[Ed.]
46 The great value of slaves, as articles of personal property, and the manifest sympathy of the people with them, seem to have prompted the enactment of this law, by which the inhabitants of an entire district were to be turned into a corps of detectives for the capture of fugitives; and the severest penalties were denounced against all, irrespective of age, sex, social standing, or rank, for non-compliance with its provisions. The statement that no community, large or small, was without a number of fugitive slaves, who, sure of the assistance of their neighbors, scarcely took the trouble to conceal themselves, indicates that human servitude was not popular with the majority of the people of the Iberian Peninsula. It would appear, also, that the magistrates, whose executive delinquencies rendered them liable to the same punishment as the offenders themselves, were frequently loth to execute the law. The marked consideration always shown the clergy by their legislative brethren, is again disclosed by the amusing inequality of penalties prescribed for the neglect of official duties. There is a great and painful difference between the limitation to one meal a day, for a month (a privation, it is hardly necessary to add, which might be readily evaded) and two hundred lashes, laid on vigorously with a scourge. This law gives us a curious insight into life in those times, and one that could have been derived from no other source; and it is especially instructive in the information it affords concerning the feelings entertained by all, except the comparatively few members of the privileged classes, towards those in the servile condition.—[Ed.]
47 The military organization of the Visigoths bore a striking resemblance to those of modern armies, and coincided, in only a few unimportant particulars, with that of the Roman legion. Division by means of the decimal system, popular among all semi-barbarian races on account of its simplicity, and the facility of arrangement it affords, was universally employed. The commander-in-chief, styled in the Code, præpositus hostis, was usually a dux, or duke; the lieutenant-general a comes, or count. The commander of a thousand men, corresponding to our colonel, was denominated tiuphadus; next in rank came the quingentarius, who had charge of a battalion of five hundred; then the centurion, and the decurion, in command of a company of a hundred, and a squad of ten men, respectively. The conscription officers were called compulsores exercitus, and the quarter-masters or commissaries, annonarii.
This military gradation was also maintained in civil life, in time of peace. The dux was the governor of the province in which he lived; the comes, the governor of the chief city of his district; the tiuphadus was responsible for the behavior of the thousand men, and their families, over whom he exercised control. All these, with several other civil functionaries, had the privilege of holding court, and were invested by the law with the title of judge: “judicis nomine censeantur ex lege.” See Code II, 1–25.—[Ed.]
48 While this is an early instance of the recognition of the offence of scandalum magnatum, subsequently regarded as a heinous crime against the Lord’s anointed, and still, under the name of lèse majesté, punished with exemplary severity by many of the monarchs of Europe, it here assumes a broader significance than it did in later times, as it applies also to the people, and thus includes the torts of slander and libel.—[Ed.]
49 The gardingus was the third in rank of the Visigothic nobility, coming after the dux and comes. Unlike either of them, however, he, as a rule, exercised no public employment; and being ordinarily a person of great wealth, and descended from a long line of ancestors, materially contributed, by the richness of his appointments, and the number of his retinue, to the pomp and splendor of the royal court.—[Ed.]
50 The intricate questions relating to the leasing, conveyance, descent, and forfeiture of real property are, as has been seen, elaborated and set forth with great skill and learning in the Visigothic Code. Not a single chapter treating of this subject is designated Antiqua, to indicate that it is derived from the Civil Law. And this is the more remarkable when the nomadic origin and barbarous customs of the not remote ancestors of those who enacted these important regulations, are considered. A nation of shepherds and marauders could not be supposed to be familiar with the tenures, contracts, transfers, boundaries, and torts, by which the title to landed estates is either acquired or lost; yet the Visigoths framed their laws with due consideration for the principles of equity, and the general welfare of all classes of freeborn citizens. In many respects their laws were superior to those of the Romans. Only two years by the Twelve Tables, and twenty under the Code of Justinian, were necessary to create a prescriptive right to the ownership of land. Under the Roman jurisprudence, until the population became debased by servile and barbarian marriages, no foreigner could legally hold or convey real-property. The Visigothic Code, on the other hand, carefully guarded the rights of the subject race, and prevented them from being prejudiced by the fraud or oppression of their rulers. The inferior classes under the Republic and the Empire, were practically serfs, living in a condition of abject villenage; those of corresponding station subject to the domination of the Visigoths, were often thrifty tenants of indulgent landlords, or, at the worst, were bound by exacting contracts which they had entered into of their own free will. The extreme solicitude manifested for the protection of the rights of all parties, where the title to real-property is concerned, is disclosed by the manifold precautions enjoined, and the stringent rules to be observed, in determining the existence of adverse possession. A contract for the rental of land, which would be valid in any of our courts, could easily be drawn from the laws of the Code relating to leaseholds.—[Ed.]
51 “Ludibrium interdum adcrescat.” It would appear from this precautionary measure, that the members of the medical profession, in that age, did not differ greatly from some of their brethren of to-day. The practice of medicine was not highly regarded by the Visigoths, a nation of warriors, and it was often exercised by slaves, as formerly at Rome, and subsequently by barbers and charlatans during the Middle Ages. Malpractice was a term of the broadest significance; the risks assumed by the practitioner, even in ordinary cases, were not compensated for by the fees he was entitled to receive, when successful; and the danger of damages and penalties he incurred where he lost a patient, made the profession anything but an alluring one. After rendering conscientious and assiduous services, to be considered guilty of homicide, and be surrendered to the exasperated relatives of the deceased patient, as a subject for the savage excesses of the Lex Talionis, was not a prospect calculated to advance the interests of medical science.
Not until three centuries later, under the Moorish domination, did the physician and the surgeon acquire the extensive knowledge, and attain the professional eminence, which made the medical colleges of the Spanish Peninsula the centre of that branch of learning, not only of Europe, but of the then known world.—[Ed.]
52 This law, which grants to every foreign trader the privilege of being judged by his own magistrates, is the precursor of modern legislation establishing consular and other tribunals instituted to protect the commercial interests, and define the judicial rights, of persons transacting business in another country, and is of unknown antiquity. It is, however, at least thirteen hundred years old. A people capable of appreciating and adopting such a measure, must have had intelligent conceptions of the maxims and requirements of international law and have made no inconsiderable progress in the arts of civilization.—[Ed.]
53 This pleasing homily, which precedes a collection of the most atrocious laws ever devised for the suppression of human thought and the persecution of heretics—with the sole exception of the rules of the Inquisition, of which it is the prototype—is extremely edifying. The confidence and assurance of a heavenly recompense, expressed by the pious king in whose name this edict was promulgated, reveals the degrading superstition of the time, and the absolute domination of the monarch by his spiritual advisers.—[Ed.]
54 The translator has interpolated between this and the succeeding title, in the Castilian version, another, of nine chapters, under the head of “Concerning insults and opprobrious language.” Part of it relates to false accusations of physical deformity and disease, or slander; part to assault, or attempted assault, where no apparent injury resulted; and the remainder is devoted to laws punishing those who call Christians Saracens, or assert that they have been circumcised. The moderate penalty of a hundred and fifty lashes was prescribed for the last two offences.—[Ed.]
55 In the words of the text, “veretri ex toto amputatione plectetur.” The sentence will not bear translation, and, in the words of a famous writer referring to a similar case, “must be veiled in the obscurity of a learned language.” While certainly to be classed under “cruel and unusual punishments,” it reveals a fiendish ingenuity in adapting the penalty to the so-called offence.—[Ed.]