Papal Protection of the Jews

The medieval popes issued various bulls (i.e., statements addressed to secular rulers or to the clergy) that dealt with the Jews, either to protect them in a particular situation or to restrict them. But there was one papal bull that differed from the others. It was a general policy statement addressed “to all faithful Christians” and was known as “Sicut Judeis” (“Even though the Jews…”), after the words with which it opened. Because it expounded fundamental policy, it was also sometimes known as a constitutio (constitution). It was repeated more frequently than any other papal letter concerning the Jews. Its wording might differ slightly when it was reissued, and it might have important additions and modifications, but the basic language of the core text remained the same.

This text was issued by six popes during the twelfth century (including Innocent III: see text below), by ten popes during the thirteenth century, by four popes during the fourteenth century (including an anti-pope), and by three during the fifteenth century. It was first issued during the pontificate of Calixtus II (1119-1124), in the wake of the First Crusade. But even when it was first issued, the idea behind it was not new. Pope Gregory I, as we have seen, had already established the basic principle concerning the status of the Jews: they should be protected from violence and forced conversion, and allowed to practice their religion, but their status should be subordinate to that of Christians and they should be granted no new privileges. That is, the status quo as set down in Roman law was to be preserved.

It appears that the Jews of Rome took on the responsibility of obtaining the bull from successive popes and paying the fees involved. When Pope Innocent III reissued the bull, he felt impelled to add an introduction stating the Augustinian principle that the Jews' dispersion and subordination to Christians is pleasing to God.

How effective was this document in protecting the Jews? Was its reissuance an important measure, or did it become a meaningless ritual? We will be discovering the answers to these questions as the course progresses. But click here for the assessment of a major scholar.

Innocent III: Constitution for the Jews (1199 AD)

Although in many ways the disbelief of the Jews must be reproved, since nevertheless through them our own faith is truly proved, they must not be oppressed grievously by the faithful as the prophet says: "Do not slay them, lest these be forgetful of Thy Law," [Ps. 58 (59):12] as if he were saying more openly: "Do not wipe out the Jews completely, lest perhaps Christians might be able to forget Thy Law, which the former, although not understanding it, present in their books to those who do understand it."

Even though the Jews [“Sicut Judeis”] ought not to presume to go beyond what is permitted them by law in their synagogues, so in those which have been conceded to them, they ought to suffer no prejudice. These men, therefore, since they wish rather to go on in their own hardness than to know the revelations of the prophets and the mysteries of the Law, and to come to a knowledge of the Christian faith, still, since they beseech the help of Our defense, We, out of the meekness proper to Christian piety, and keeping in the footprints of Our predecessors of happy memory, the Roman Pontiffs Calixtus, Eugene, Alexander, Clement, and Celestine, admit their petition, and We grant them the buckler of Our protection.

For we make the law that no Christian compel them, unwilling or refusing, by violence to come to baptism. But if any one of them should spontaneously, and for the sake of faith, fly to the Christians, once his choice has become evident, let him be made a Christian without any calumny. Indeed, he is not considered to possess the true faith of the Christian who is recognized to have come to Christian baptism, not spontaneously, but unwillingly.

Also, no Christian ought to presume, apart from the juridical sentence of the territorial power, wickedly to injure their persons, or with violence to take away their property, or to change the good customs which they have had until now in whatever region they inhabit.

Besides, in the celebration of their own festivals, no one ought to disturb them in any way, with clubs or stones, nor ought any one try to require from them or to extort from them services they do not owe, except for those they have been accustomed from times past to perform.

In addition to these, We decree, blocking the wickedness and avarice of evil men, that no one ought to dare to mutilate or diminish a Jewish cemetery, nor, in order to get money, to exhume bodies once they have been buried.

If anyone, however, shall attempt, the tenor of this decree once known, to go against it - may this be far from happening! - let him be punished by the vengeance of excommunication, unless he correct his presumption by making equivalent satisfaction.

We desire, however, that only those be fortified by the guard of this protection who shall have presumed no plotting for the subversion of the Christian faith.

Given at the Lateran, by the hand of Raynaldus, Archbishop of Acerenza, acting for the Chancellor, on the 17th day before the Kalends of October, in the second indiction, and the 1199th year of the Incarnation of the Lord, and in the second year of the pontificate of the Lord Pope, Innocent III.

[Text from the Internet Medieval Source Book, slightly edited.]

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