Papal Claims to Authority over Judaism 183
garb; Constitution 69 which forbade Jews from holding public office; and
Constitution 70 which instructed the clergy to restrain Jews who had received bap-
tism from returning to their former religion.118 Titulus 7 of the same book, De usuris,
contained Constitution 67 of the same lateran Iv forbidding Jewish usury.119
Titulus 3 of Book 5 of the Compilatio quinta, De Iudaeis et Saracenis, included a
letter of Honorius III to the archbishops and bishops of Hungary warning against
pollution of the Christian faith by contact with both Muslims and Jews.120
Even more influential than the Quinque antiquae compilationes was the Liber
extra, a collection of raymond of Peñafort commissioned by Gregory IX, which
superseded the material in the earlier work. It too reflected the ambivalent position
of Jews in Christian society, since the majority of its texts were derived from its
predecessor. Thus, Titulus 6 of Book 5, De Iudaeis, Saracenis et eorum servis, con-
tained nineteen capitula, six of which also appear under the titulus of the same
name in Compilatio prima.121 Fourteen of the nineteen were concerned specifically
with Jews.122 Titulus 33 of Book 3, De conversione infidelium, contained two capitula
dealing with the problem of intermarriage between Christians and Muslims or
Jews.123 Capitulum 2, a letter of Gregory IX, decreed that if one partner of an
infidel couple converted to Christianity but the other remained an infidel, their
offspring should come under the authority of the converted partner.124 Capitulum
4 of Titulus 14 of Book 4, De consanguinitate et affinitate, was a letter of Innocent
III to the archbishop and chapter of Tyre in which he declared that baptism should
not separate spouses married before their conversion to Christianity.125 Capitulum
13 of Titulus 6 of Book 5 was the aforementioned letter ‘Etsi Iudaeos’ of Innocent
III as cited in Compilatio tertia.126 Capitulum 15 of Titulus 6 of Book 5 was
Constitution 68 of lateran Iv which, as we have seen, declared that Jews and
Muslims of either sex must wear distinguishing dress in order to be easily recogniz-
able by Christians. Furthermore, on Good Friday Jews must not go out in public
and in particular must not in any way mock the Christian faith.127 Capitulum 5 of
Titulus 6 of Book 5 was Constitution 26 of the Third lateran Council, which, as
we have seen, decreed that Christians must not serve Jews or Muslims and that
Christian secular leaders were to be excommunicated if they dared deprive bap-
tized Muslims and Jews of their possessions.128 Capitulum 21 of Titulus 20 of
118 4 Comp. 5.4, p.147. 119 4 Comp. 5.7, p.148.
120 5 Comp. 5.3, p.182. 121 X.5.6, cols 771–8.
122 X.5.6.1, col. 771; X.5.6.2, cols 771–2; X.5.6.3, col. 773; X.5.6.4, col. 773; X.5.6.5, col. 773;
X.5.6.7, col. 773; X.5.6.8, cols 773–4; X.5.6.9, col. 774; X.5.6.13, cols 775–6; X.5.6.14, col. 776;
X.5.6.15, cols 776–7; X.5.6.16, col. 777; X.5.6.18, col. 777; X.5.6.19, col. 778.
123 X.3.32, cols 579–87, passim; X.3.33, cols 587–96, passim. Capitulum 1, the letter of Celestine
III of Titulus 20 of Book 3 of Compilatio secunda, decreed that a Saracen could not marry the former
wife of a Christian man whom he had killed if the wife had been implicit in his death, but otherwise
it was good that he should.
124 X.3.32, cols 579–87, passim; X.3.33, cols 587–96, passim.
125 X.4.14.4, col. 702. See Dahan, Les Intéllectuels chrétiens et les juifs au moyen âge, p.116. For this
very ancient doctrine derived from the writings of St Paul see Gratian, C.28.q.1, cols 1078–9.
126 X.5.6.13, cols 775–6.
127 X.5.6.15, cols 776–7. See Dahan, Les Intéllectuals chrétiens et les juifs au moyen âge, p.116.
128 Tanner, Vol. 1, pp.223–4; X.5.6.5, col. 773. See Dahan, Les Intéllectuels chrétiens et les juifs au
moyen âge, p.116.