Lovell Lectionary, London, Harley 7026,
fol. 13r Jews'
Attacking Host
Consilia of Johannes Calderinus and Gaspar
Calderini (Rome 1472)
Unfoliated |
Gaspar Calderini († 1390)
Whether the children of Jews, under the age of twelve, may be baptized
against their parents' will, and if in fact are so baptized, whether they
ought to be raised by Jews or by Christians. It seems that the answer to
the first question is yes, because of the advantage of the faith, for which
many thing are done against the rules of common law (Ius
commune). That such children be baptized is to the advantage of the
faith, since the soul of the boy would be saved. Hence it seems an act
of spiritual charity to which all are obliged.
Likewise, if a wrong has good consequences, it is
to be commended, as is violence
by which one is led to do good. .
. But the truth seems to be otherwise, because Jews are not be be coerced
into the faith . . . although this is said about adults, it is
equally true of children . . . Hence it can be concluded that
Jewish children are not to be baptized against the will of their parents .
. . <With whom should a baptized Jewish child live?> Jewish parents are to offer a suitable and sufficient
surety . . . and they will let him go freely when he reaches
legal age . . . If the Jewish parents will not offer a surety,
the child should not be returned to them.
Translation based on Aviad M Kleinberg, “Depriving Parents of the
Consolation of Children: Two Legal
Consilia on the Baptism of Jewish Children,”
De Sion exhibit lex et verbum domini
de Hierusalem: Essays on Medieval
Law, Liturgy, and Literature in Honour of Amnon Linder, ed. Yitzhak Hen
(Turnholt: 2001)
129-144 |