Bible moralisée
(ca. 1215-1250)
Vienna, Österrreichische
Nationalbibliothek 1179 |
Josephus
Mascardi
(Pisa, 1540-1585)
Conclusiones 944 (ed. 1589) 946 (ed. 1661)
An Iudaeus possit esse testis Jews
cannot testify against Christians because they pursue them with hate.
Gratian C.2 q.7 c.24-25
However the rule fails when:
1. When the Jew is the only source and his testimony is supported by other
presumptions 2. Jews can testify in a case of two Christians litigating
3. Jews can testify against a relapsed Jew 4. If a Christian consents
to a Jew testifying against him 5. A Jew may testify in certain crimes,
i.e. heresy, simony, and treason 6. Jews may testify in contracts and
wills 7. A Jew may testify when a Christian asks him to testify against a
Jew 8. If a Jew testifies incompletely
(semiplene) equity would dictate that he can take an oath to support his
testimony. A Jew may not render that oath since equity must not be
observed for a Jew. (Iudaeo
non est servanda aequitas immo rigor)
Lorenzo Sinisi, "Mascardi, Giuseppe,"
Dizionario dei giuristi italiani (secc. XII-XX), edd.
Birocchi,
Ennio Cortese, Antonello Mattone, Marco Nicola Miletti (2 vols.
Bologna 2013)
2.1298-1299 |