Christ before Pilate, Salvin Hours ca. 1275
British Library Add. 48985, fol.32v
Jacobus
Menochius
(Pavia, 1532-1607) Jews
who have Sex
with Christians,
and Christians
who have Sex
with Jews, Casus 290
De arbitrariis iudicum (ed.
1605)
415-416
1. Death Penalty for Jew and Christian when married is mandated by Roman law (a Jew is excused because of ignorance) Justinian, Codex 1.9.6
2. A Jew who has sex with a married Christian receives the death penalty for violating the Christian Religion (As Oldradus de Ponte (died 1337) states in his last consilium 333)
3. The penalty for the crime is governed by statute in other cities, or where Jews are not specifically mentioned or where, as in Bologna and Ferrara, Jews have been granted papal privileges as Ippolito Marsili has written in consilium 101.
4. When a Jew has sex with a Christian prostitute, almost everyone agrees that his punishment should be left to the will of the judge. The new constitutions of Milan do not distinguish whether the woman is married or not, is a prostitute or an honest woman. They only ask whether the woman was a Christian.
5. What about Saracens? Iudaei sint Saracenis peiores
Brendan McManus, "The Consilia and Quaestiones of Oldradus de Ponte," Bulletin of Medieval Canon Law 23 (1999) 85-113
1. Death Penalty for Jew and Christian when married is mandated by Roman law (a Jew is excused because of ignorance) Justinian, Codex 1.9.6
2. A Jew who has sex with a married Christian receives the death penalty for violating the Christian Religion (As Oldradus de Ponte (died 1337) states in his last consilium 333)
3. The penalty for the crime is governed by statute in other cities, or where Jews are not specifically mentioned or where, as in Bologna and Ferrara, Jews have been granted papal privileges as Ippolito Marsili has written in consilium 101.
4. When a Jew has sex with a Christian prostitute, almost everyone agrees that his punishment should be left to the will of the judge. The new constitutions of Milan do not distinguish whether the woman is married or not, is a prostitute or an honest woman. They only ask whether the woman was a Christian.
5. What about Saracens? Iudaei sint Saracenis peiores
Brendan McManus, "The Consilia and Quaestiones of Oldradus de Ponte," Bulletin of Medieval Canon Law 23 (1999) 85-113
Norman Zacour, Jews and Saracens in the Consilia of Oldradus de Ponte (Studies and Texts 100; Toronto: Pontifical Institute of Mediaeval Studies, 1990) 68-70
Chiara Valsecchi, "Menochio, Jacopo," Dizionario dei giuristi italiani (secc. XII-XX), edd. Birocchi, Ennio Cortese, Antonello Mattone, Marco Nicola Miletti (2 vols. Bologna 2013) 2.1328-1330