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Medieval Sourcebook:
Las Siete Partidas:
Laws on Jews, 1265
[Marcus Introduction] Las siete partidas, the Seven-Part
Code, is one of the most remarkable law codes of medieval times.
The code, written in the Castilian vernacular, was compiled about
1265, under the supervision of Alfonso X, the Wise (1252-1284),
of Castile. Its laws, however, did not go into effect until 1348,
and then only with certain reservations From Castile they spread
to all of Spain and thence into the Spanish possessions in the
Philippines, Porto Rico, Florida, and Louisiana. The sources of
this code are largely Visigothic, later Roman, and Church law,
all of which were hostile to the Jew. This hostility did not,
however, deter the Castilian state from protecting scrupulously
the Jewish religion as well as the person and property of the
Jews. The Jews and Moors, national minorities, were too numerous
and too important to be mistreated as yet by the new Castilian
state.
TITLE XXIV: CONCERNING THE JEWS
Jews are a people, who, although they do not believe in the religion
of Our Lord Jesus Christ, yet, the great Christian sovereigns
have always permitted them to live among them....
LAW I. WHAT THE WORD JEW MEANS, AND WHENCE THIS TERM IS DERIVED
A party who believes in, and adheres to the law of Moses is called
a Jew, according to the strict signification of the term, as well
as one who is circumcised, and observes the other precepts commanded
by his religion. This name is derived from the tribe of Judah
which was nobler and more powerful than the others, and, also
possessed any other advantage, because the king of the Jews had
to be selected from that tribe, and its members always received
the first wounds in battle. The reason that the church, emperors,
kings and princes permitted the Jews to dwell among them and with
Christians, is because they always lived, as it were, in captivity,
as it was constantly La token] in the minds of men that they were
descended from those who crucified Our Lord Jesus Christ.
LAW II. IN WHAT WAY JEWS SHOULD PASS THEIR LIVES AMONG CHRISTIANS;
WHAT THINGS THEY SIIOULD NOT MAKE USE OF OR PRACTICE, ACCORDING
TO OUR RELIGION; AND WHAT PENALTY THOSE DESERVE WHO ACT CONTRARY
TO ITS ORDINANCES
Jews should pass their lives among Christians quietly and without
disorder, practicing their own religious rites, and not speaking
ill of the faith of Our Lord Jesus Christ, which Christians acknowledge.
Moreover, a Jew should be very careful to avoid preaching to,
or converting any Christian, to the end that he may become a Jew,
by exalting his own belief and disparaging ours. Whoever violates
this law shall be put to death and lose all his property. And
because we have heard it said that in some places Jews celebrated,
and still celebrate Good Friday, which commemorates the Passion
of Our Lord Jesus Christ, by way of contempt: stealing children
and fastening them to crosses, and making images of wax and crucifying
them, when they cannot obtain children; we order that, hereafter,
if in any part of our dominions anything like this is done, and
can be proved, all persons who were present when the act was committed
shall be seized, arrested and brought before the king; and after
the king ascertains that they are guilty, he shall cause them
to be put to death in a disgraceful manner, no matter how many
there may be. [Christians already believed that Jews kidnapped
and killed Christian children for religious purposes.]
We also forbid any Jew to dare to leave his house or his quarter
on Good Friday, but they must all remain shut up until Saturday
morning; and if they violate this regulation, we decree that they
shall not be entitled to reparation for any injury or dishonor
inflicted upon them by Christians. [Christians were prone to commit
violence on Good Friday, the anniversary of the crucifixion of
Jesus.]
LAW III, NO JEW CAN HOLD ANY OFFICE OR EMPLOYMENT BY WHICH
HE MAY BE ABLF TO OPPRESS CHRISTIANS
Jews were formerly highly honored, and enjoyed privileges above
all other races, for they alone were called the People of God.
But for the reason that they disowned Him who had honored them
and given them privileges; and instead of showing Him reverence
humiliated Him, by shamefully putting Him to death on the cross;
it was proper and just that, on account of the great crime and
wickedness which they committed, they should forfeit the honors
and privileges which they enjoyed; and therefore from the day
when they crucified Our Lord Jesus Christ they never had either
king or priests among themselves, as they formerly did. The emperors,
who in former times were lords of all the world, considered it
fitting and right that, on account of the treason which they committed
in killing their lord, they should lose all said honors and privileges,
so that no Jew could ever afterwards hold an honorable position,
or a public office by means of which he might, in any way, oppress
a Christian. [Nevertheless Alfonso entrusted his body and purse
to Jewish physicians and financiers. ]
LAW IV. HOW JEWS CAN HAVE A SYNAGOGUE AMONG CHRISTIANS
A synagogue is a place where the Jews pray, and a new building
of this kind cannot be erected in any part of our dominions, except
by our order. Where, however, those which formerly existed there
are torn down, they can be built in the same spot where they originally
stood; but they cannot be made any larger or raised to any greater
height, or be painted. A synagogue constructed in any other manner
shall be lost by the Jews, and shal1 belong to the principal church
of the locality where it is built. And for the reason that a synagogue
is a place where the name of God is praised, we forbid any Christian
to deface it, or remove anything from it, or take anything out
of it by force; except where some malefactor takes refuge there;
for they have a right to remove him by force in order to bring
him before the judge. Moreover, we forbid Christians to put any
animal into a synagogue, or loiter in it, or place any hindrance
in the way of the Jews while they are there performing their devotions
according to their religion. [But Moors were not allowed to have
mosques. Jews were not at the bottom of the social scale. ]
LAW V. NO COMPULSION SHALL BE BROUGHT TO BEAR UPON THE JEWS
ON SATURDAY, AND WHAT JEWS CAN BE SUBJECT TO COMPULSION
Saturday is the day on which Jews perform their devotions, and
remain quiet in their lodgings and do not make contracts or transact
any business; and for the reason that they are obliged by their
religion to keep its no one should on that day summon them or
bring them into court. Wherefore we order that no judge shall
employ force or any constraint upon Jews on Saturday, in order
to bring them into court on account of their debts; or arrest
them; or cause them any other annoyance; for the remaining days
of the week are sufficient for the purpose of employing compulsion
against them, and for making demands for things which can be demanded
of them according to law. Jews are not bound to obey a summons
served upon them on that day; and, moreover, we decree that any
decision rendered against them on Saturday shall not be valid;
but if a Jew should wound, kill, rob, steal, or commit any other
offense like these for which he can be punished in person and
property, then the judge can arrest him on Saturday.
We also decree that all claims that Christians have against Jews,
and Jews against Christians, shall be decided and determined by
our judges in the district where they reside, and not by their
old men. [Jewish courts have no jurisdiction if one of the parties
is a Christian.] And as we forbid Christians to bring Jews into
court or annoy them on Saturday; so we also decree that Jews,
neither in person, nor by their attorneys, shall have the right
to bring Christians into court, or annoy them on this day. And
in addition to this, we forbid any Christian, on his own responsibility,
to arrest or wrong any Jew either in his person or property, but
where he has any complaint against him he must bring it before
our judges; and if anyone should be so bold as to use violence
against the Jews, or rob them of anything, he shall return them
double the value of the same.
LAW VI. JEWS WHO BECOME CHRISTIANS SHALL NOT BE SUBJECT TO
COMPULSION; WHAT ADVANTAGE A JEW HAS WHO BECOME A CHRISTIAN; AND
WHAT PENALTY OTHER JEWS DESERVE WHO DO HIM HARM
No force or compulsion shall be employed in any way against a
Jew to induce him to become a Christian; but Christians should
convert him to the faith of Our Lord Jesus Christ by means of
the texts of the Holy Scriptures, and by kind words, for no one
can love or appreciate a service which is done him by compulsion.
We also decree that if any Jew or Jewess should voluntarily desire
to become a Christian, the other Jews shall not interfere with
this in any way, and if they stone, wound, or kill any such person,
because he wishe5 to become a Christian, or after he has been
baptized, and this can be proved; we order that all the murderers,
or the abettors of said murder or attack, shall be burned. [This
law was first issued by Constantine the Great in 315] But where
the party was not killed, but wounded, or dishonored; we order
the judges of the neighborhood where this took place shall compel
those guilty of the attack, or who caused the dishonor, to make
amends to him for the same; and also that they be punished for
the offence which the committed, as they think they deserve; and
we also order that, after any Jews become Christians, all persons
in our dominions shall honor them; and that no one shall dare
to reproach them or their descendants, by way of insult, with
having been Jews; and that they shall possess all their property,
sharing the same with their brothers and inheriting it from their
fathers and mothers and other relatives just as if they were Jews;
and that they can hold all offices and dignities which other Christians
can do.
LAW VII. WHAT PENALTY A CHRISTIAN DESERVES WHO BECOMES A JEW
Where a Christian is so unfortunate as to become a Jew, we order
that he shall be put to death just as if he had become a heretic;
and we decree that his property shall be disposed of in the same
way that we stated should be done with that of heretics.
LAW VIII. NO CHRISTIAN, MAN OR WOMAN, SHALL LIVE WITH A JEW
We forbid any Jew to keep Christian men or women in his house,
to be served by them; although he may have them to cultivate and
take care of his lands, or protect him on the way when he is compelled
to go to some dangerous place. Moreover, we forbid any Christian
man or woman to invite a Jew or a Jewess, or to accept an invitation
from them, to eat or drink together, or to drink any wine made
by their hands. [Jewish law also forbade the use of Christianmade
wine.] We also order that no Jews shall dare to bathe in company
with Christians, and that no Christian shall take any medicine
or cathartic made by a Jew; but he can take it by the advice of
some intelligent person, only where it is made by a Christian,
who knows and is familiar with its ingredients. [Alfonso probably
had a Jewish physician the very time he issued this law.]
LAW IX. WHAT PENALTY A JEW DESERVES WHO HAS INTERCOURSE WITH
A CHRISTIAN WOMAN
Jews who live with Christian women are guilty of great insolence
and boldness, for which reason we decree that all Jews who, hereafter,
may be convicted of having done such a thing shall be put to death.
For if Christians who commit adultery with married women deserve
death on that account, much more do Jews who have sexual intercourse
with Christian women, who are spiritually the wives of Our Lord
Jesus Christ because of the faith and the baptism which they receive
in His name; nor do we consider it proper that a Christian woman
who commits an offense of this kind shall escape without punishment.
Wherefore we order that, whether she be a virgin, a married woman,
a widow, or a common prostitute Who gives herself to all men,
she shall suffer the same penalty which we mentioned in the last
law in the Title concerning the Moors, to which a Christian woman
is liable who has carnal intercourse with a Moor [i.e., confiscation
of property, scourging, or death].
LAW X. WHAT PENALTY JEWS DESERVE WHO HOLD CHRISTIANS AS SLAVES
A Jew shall not purchase, or keep as a slave, a Christian man
or woman, and if anyone violates this law the Christian shall
be restored to freedom and shall not pay any portion of the price
given for him, although the Jew may not have been aware when he
bought him, that he was a Christian; but if he knew that he was
such when he purchased him, and makes use of him afterwards as
a slave, he shall be put to death for doing so. Moreover, we forbid
any Jew to convert a captive to his religion, even though said
captive may be a Moor, or belong to some other barbarous race.
If anyone violates this law we order that the said slave who has
become a Jew shall be set at liberty, and removed from the control
of the party to whom he or she belonged. If any Moors who are
the captives of Jews become Christians, they shall at once be
freed, as is explained in the Fourth Partida of this book, in
the Title concerning Liberty, in the laws which treat of this
subject [but Christians, including the Church, were allowed to
own Christian slaves].
LAW XI. JEWS SHALL BEAR CERTAIN MARKS IN ORDER THAT THEY MAY
BE KNOWN
Many crimes and outrageous things occur between Christians and
Jews because they live together in cities, and dress alike; and
in order to avoid the offenses and evils which take place for
this reason, We deem it proper, and we order that all Jews, male
and female, living In our dominions shall bear some distinguishing
mark upon their heads so that people may plainly recognize a Jew,
or a Jewess; and any Jew who does not bear such a mark, shall
pay for each time he is found without it ten maravedis of gold;
and if he has not the means to do this he shall receive ten lashes
for his offense. [This is an attempt to put into effect the "Jew-Badge"
law of Pope Innocent III, 1215.]
BIBLIOGRAPHY
READINGS FOR ADVANCED STUDENTS
Graetz, 111, pp. 592-596, 615-617; GraetzRhine, 111, pp.
349 353; Margolis and Marx, pp. 419 429
Lindo. E. H., The History of the Jews of Spain and Portugal, pp. 78 9l.
ADDITIONAL SOIJRCE MATERIALS IN ENGI.ISH
Scott, S. P., Las siete partidas, an English translation
of the code. This contains the complete body of laws dealing with
the Jews, of which the above is but an excerpt.
Lindo, E. H., The History of the Jews of Spain and Portugal, Chap. x. Contains translations of sections of Las siete
partidas.
SOURCE: Jacob Marcus, The Jew in the Medieval World:
A Sourcebook, 315-1791, (New York: JPS, 1938), 34-42
Later printings of this text (e.g. by Atheneum, 1969, 1972, 1978)
do not indicate that the copyright was renewed)
This text is part of the Internet Medieval Source Book.
The Sourcebook is a collection of public domain and copy-permitted
texts related to medieval and Byzantine history.
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© Paul Halsall October 1997
halsall@murray.fordham.edu
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