Papal Claims to Authority over Judaism 185
Christianity and separated from her husband.135 De conversione infidelium, rubric
33 of Book 3, commented on two capitula of Titulus 33 of Book 3 of the Liber extra
on intermarriage between Christians and infidels.136 The commentary on Capitulum
2 was particularly relevant to Jews because it discussed the legal status of the chil-
dren of infidel spouses who had separated.137
rubric 6 of Book 5, De Iudaeis et Saracenis et eorum servis, also commented on
twelve of the nineteen capitula of Titulus 6 of Book 5 of the Liber extra on the des-
ignated status of Jews, Muslims, and their servants.138 It consisted of twenty-eight
decretals and several summaries of Innocent Iv concerned with infidels and the
buying, selling, and freeing of slaves, and hence a number of decretals specifically
concerned with Jews. So, for example, Capitulum one contained the following
statement:
when a Jew buys a pagan [Muslim] through trade and within three months puts him
up for sale, and on account of illness he [the pagan] becomes a Christian, then the
Jew’s convenience must not prevent this.139It summarized Capitulum one with the comment that ‘original slaves, or those
who are enrolled (as slaves) are (to be) free, but they are not permitted to (enter) the
ecclesiastical ranks’.140 Capitulum Seven, which again cited the decretal ‘Iudaei’,
was concerned with Jews and inheritance. It stated that where Jews have recon-
verted—in other words when they had been converted to Christianity but then
reconverted to Judaism—because of personal financial distress, the Church must
intervene in any matters concerned with inheritance and possessions.141 Chapter
Ten, the decretal ‘Sicut Iudaeis’, was Innocent Iv’s re-issue of the ‘Constitutio pro
Iudaeis’.142 In his summary of Chapter Ten Innocent Iv stated that Christians were
now not permitted to use foods of ‘pagans’ (Muslims) or Jews.143
By contrast, rubric 19 of Book 5 (De usuris) of the same work was concerned
with usury in general. It contained eighteen Capitula and a number of summaries
treating seventeen of the nineteen capitula of Titulus 19 of Book 5 of the Liber
extra.144 Among these was Capitula 11, on Capitulum 12, the extract of ‘Post
miserabilem’ which, as we have seen, referred to the particular problem of Jewish
money-lending.145
135 It is Capitulum 20 in the Liber extra. Innocent IV, Apparatus, Bk 3, rubrica 32, cap. 21, p.176v.
136 Innocent IV, Apparatus, Bk 3, rubrica 33, caps 1–2, p.176v.
137 Innocent IV, Apparatus, Bk 3, rubrica 33, cap. 2, p.176v.
138 Innocent IV, Apparatus, Bk 5, rubrica 6, caps 1–18, pp.208v–208r.
139 Innocent IV, Apparatus, Bk 5, rubrica 6, cap 1, p.208v: ‘cum Iudaeus paganum emit causa
mercimonii et intra tres menses venialis exponitur, et propter infirmitatem Christianus factus est: tunc
enim non debet Iudaei utilistas impediri’.
140 Innocent IV, Apparatus, Bk 5, rubrica 6, cap 1, p.208v (Summarium): ‘originarri, sive ascriptitii
liberi sunt, ad ordines tamen non promoventur.’ Capitulum Three, the decretal ‘Iudaei’, addressed to
papal legates, was also concerned specifically with Jews.
141 Innocent IV, Apparatus, Bk 5, rubrica 6, cap. 7, p.208r.
142 Innocent IV, Apparatus, Bk 5, rubrica 6, cap. 10, p.208r.
143 Innocent IV, Apparatus, Bk 5, rubrica 6, cap. 10, p.208r (Summarium).
144 Innocent IV, Apparatus, Bk 5, rubrica 19, pp.213v–14v, passim.
145 Innocent IV, Apparatus, Bk 5, rubrica 19, cap. 11, p.213r.