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.
T
ranslation 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