[Surname: confusion with Teglio places
Genova ICAT Fish, shulDNA: Iberian 6% 1800. Confusion Sephardi/Iberian forced conversions.
reunions: Guy Hassid and Genova]
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| Emma Teglio as a young woman |
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| Emma Teglio in middle age |
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| Laudadio Teglio, Emma's father |
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| Carolina née Teglio, wife of Laudadio Teglio |
My great great grandmother Emma Teglio, wife of Costantino Finzi, died when I was three or four years old. Her granddaughter was Anna Canitano, the only daughter of Elsa Finzi, and when I spoke to her on the phone at her home in Morlupo about ten years ago before her death she recalled that her grandmother had spoken of another grandchild, my grandfather Giulio Cesare Schiff, only son of her daughter Emilia, as 'povero Giulietto!', referring to the early death of my grandfather's mother when he was a schoolboy and only seven years old.
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| Another Laudadio Teglio, garibaldino, and presumably a cousin |
A learned article about the Jews of Ferrara which mentions several members of the Teglio family, and also indicates that they belonged to the Spanish-rite synagogue and were buried in their own Spanish cemetery.
Laura Graziani Secchieri
Il Liber Iudeorum Defunctorum della Comunità Israelitica di Ferrara e
le sue integrazioni (1730-1800)
pp.38–41
Qualche estensore ha usato un formulario
sintetico indicando solo data di sepoltura, nome
proprio e di famiglia: «1800, Ottobre - Samuel
Amadio Finzi»,11 oppure ha riportato addirittura
il solo nesso parentale privo del nominativo
personale: 1738, «Ottobre 3 - Moglie di Raffael
Vita Budrio»,12 mentre qualche altro redattore
del Liber ha dettagliato i legami familiari segnalando i nominativi di padre e madre, e/o
coniuge, l’età del defunto, la Scola di appartenenza
e la strada di residenza: «adi 4 Aprile
1755 - Abraam Raffael Telio anni 75 della strada
di Vigna Tagliata della Scola Spagna» [sic].13
Sempre dal Liber apprendiamo che Abraam
Raffael Teglio era padre di Manuel Vita, che gli
era premorto il 5 novembre 175314 ma, come in
altri casi, è attraverso il carteggio notarile che
possiamo arricchire la conoscenza dei momenti
della sua vita, dall’intensa attività commerciale15
a un contratto a dir poco singolare allorché jus kazazà16 un edificio al di fuori del ghetto,17
da legami parentali che traspaiono appena18 alle
disposizioni testamentarie che continueranno a
ricordarne la memoria ben dopo la sua morte.19
12 Liber Iudeorum, c. 10r. È dalla documentazione notarile che apprendiamo che moglie di Raffael Vita Budrio era Beniamina figlia di Angelo Carpanetti. Nel 1726, nell’abitazione di Datolo Carpanetti in via Gattamarcia, i coniugi Datolo del fu Angelo Carpanetti e Diamante del fu Isep Ravenna e i coniugi Raffael Vita del fu Lelio Budrio e Beniamina del fu Angelo Carpanetti di via Sabbioni hanno dichiarato di essere debitori di Francesco Ruggieri che si è impegnato a restituire i debiti anche attraverso la metà delle doti delle due spose (ASFe, ANAFe, Bernardino Bonatti, matr. 1448, pacco 5, 14 agosto 1726; fra gli allegati: scrittura di Datolo Carpanetti e di Raffael Vita Budrio nei confronti dei creditori, fra cui Salomon Montalti, Isep Clava, David Angelo Teglio, Cristoforo Vita ed Emanuel Italia, del 31 luglio 1725). Nel 1727, nell’abitazione di Datolo Carpanetti in via Gattamarcia, i coniugi Datolo del fu Angelo Carpanetti e Diamante del fu Isep Ravenna e i coniugi Raffael Vita del fu Lelio Budrio e Beniamina del fu Angelo Carpanetti di via Sabbioni hanno dichiarato di essere debitori di Cristoforo di Benedetto Coen di via Gattamarcia per complessivi 164:42:5 scudi (i Carpanetti per un terzo, i Budrio per due terzi), che si sono impegnati a restituire l’ammontare anche attraverso la metà delle doti delle due spose (ASFe, ANAFe, Bernardino Bonatti, matr. 1448, pacco 5, 14 agosto 1727). Sempre dal fondo Notarile ricaviamo i nomi dei figli nati dal matrimonio di Raffael Vita Budrio e Beniamina Carpanetti: nel 1746, nella bottega di merceria di Iacob Vita Minerbi e fratelli, Lelio Leone del fu Raffael Vita Budrio, a nome proprio e dei suoi fratelli Lazzaro, Bona e Lea, ha consegnato all’altro fratello Moisè la somma di 19:90:10 scudi in tanti beni mobili (così come risultava nell’inventario incluso nell’atto del notaio Gaetano Vincenzo Baruffaldi datato 10 febbraio 1745) e 35 scudi provenienti dall’eredità dello zio paterno Levi Vita Budrio, oltre ad avere convenuto di pagare al negozio degli eredi Massari 7:60 scudi e a Raffael Vita Pesaro 2 scudi, dei quali detto Moisè era debitore, avendo in questo modo diviso l’eredità paterna e le ragioni dotali della madre Beniamina Carpanetti Budrio; presso Lelio rimaneva ancora la quota del fratello che, in anni precedenti, aveva abbracciato la religione cristiana (ASFe, ANAFe, Carlo Casoni, matr. 1586, pacco 2, 24 marzo 1746). 13 Liber Iudeorum, c. 28r. 14 Ivi, c. 25r. 15 Nel 1729, i fratelli Israel Salom ed Emanuel Samuel del fu David Vita Rocca di via Sabbioni hanno fatto stimare da Silvio Ancona i beni del padre, che costituivano la loro eredità, pervenuta loro tramite una attestazione delle ultime volontà di David Vita sottoscritta da testimoni poco prima della sua morte (ASFe, ANAFe, Bernardino Bonatti, matr. 1448, pacco 5, 21 marzo 1729; fra gli allegati: - nota dei debiti: fra i creditori compare anche Abram Raffael Teglio). Nello stesso 1729, nella sua bottega in via Sabbioni, Abram Raffael del fu Iacob Teglio di via Vignatagliata ha nominato suo procuratore il notaio ferrarese Sesto Gaetano Succi, assente ma come presente, nelle vertenze contro i fratelli de Nigris (ASFe, ANAFe, Bernardino Bonatti, matr. 1448, pacco 5, 29 luglio 1729). L’anno seguente, nella loro bottega in ghetto, i soci Abram Raffael del fu Iacob Teglio e Isep Benedetto del fu Emanuel Rocca, entrambi di via Vignatagliata, hanno nominato loro procuratore Antonio Bertelli di Trieste a rappresentarli nella causa contro Godfred Fels di Varernbrun [?] (ASFe, ANAFe, Bernardino Bonatti, matr. 1448, pacco 6, 21 novembre 1730). Nel 1733, nella camera dei guardiani nella carceri, con due atti simili Ruberto del dottor Girolamo Nigrisoli già carcerato e costituitosi spontaneamente, e sua madre, Susanna Vincenzi Nigrisoli hanno dichiarato di essere debitori in solido di Abram Raffael del fu Iacob Teglio per 54 scudi per beni mobili acquistati nel suo negozio, al quale hanno consegnato un credito esigibile sottoscritto dalla Nigrisoli (ASFe, ANAFe, Bernardino Bonatti, matr. 1448, pacco 6, atti del 23 ottobre 1733). Nello stesso anno, nella bottega di Teglio e Rocca in ghetto, il marchese Francesco Bevilacqua ha dichiarato di essere debitore dei soci ebrei merciai ferraresi Abram Raffael Teglio e Isep Benedetto Rocca per 626 scudi di cui 236 contenuti in diversi pagherò e 390 scudi di beni mobili avuti dal loro negozio, che si è impegnato a pagare (ASFe, ANAFe, Bernardino Bonatti, matr. 1448, pacco 6, 24 dicembre 1733). Nel 1738, nella loro bottega, i soci Raffael Teglio e Isep Benedetto Rocca hanno dichiarato di non accettare il mandato di pagamento dei fratelli Mittelhozev di Boozano [=Bolzano?] per 1270 fiorini all’ordine della Ditta Vida e Vitali (ASFe, ANAFe, Giovanni Battista Caprioli, matr. 1378, pacco 3, 1° giugno 1738). Nello stesso anno, ancora nella loro bottega di merceria in via Sabbioni, Abram Raffael Teglio e Isep Benedetto Rocca hanno nominato loro procuratore speciale frate Giovanni Battista Vernocchi dell’Ordine dei Predicatori a riscuotere 54:46 scudi in monete da 10 giulii per ogni scudo da Don Enrico Bacelli al momento a Napoli (ASFe, ANAFe, Carlo Cavalletti, matr. 1467, pacco 3, 22 dicembre 1738). Nel 1748, nella loro bottega di merceria, Abram Teglio e Isep Benedetto Rocca hanno nominato loro procuratore il dottore di entrambe le leggi Francesco Sarti, in particolare ad esigere un credito di 25 scudi da Taddeo Soriani (ASFe, ANAFe, Bernardino Bonetti, matr. 1448, pacco 10, 26 giugno 1748. Ad Andrea Faoro, che mi ha segnalato questo ed altri documenti, va la mia gratitudine).
16 Jus kazakà è espressione che è sintesi di latino e di ebraico talmudico (chazaqàh significa comunemente ‘possesso’) ed indica concetti simili ma diversi tra loro; in particolare, la presunzione legale di un rapporto giuridico. In sostanza, si trattava di un diritto di inquilinato perpetuo che ha preso origine dalla necessità di ovviare alla speculazione effettuata dai proprietari degli edifici compresi nel recinto del ghetto di Roma, dopo la sua istituzione nel 1555. Pio IV ha promulgato, perciò, la bolla Dudum siquidem a felicis recordationis del 27 febbraio 1562 attraverso la quale veniva bloccato in perpetuo il canone d’affitto di quegli stessi fabbricati. Questo provvedimento, che è stato mantenuto anche dai suoi successori Pio V e Sisto V, ha determinato implicitamente una sorta di diritto di inquilinato degli ebrei sugli edifici del ghetto: «segnò cioè un primo passo verso la trasformazione del diritto stesso da obbligatorio in reale» (V. Colorni, Gli ebrei nel sistema del diritto comune fino alla prima emancipazione, Giuffrè, Milano 1956, p. 61). Il risultato dell’evoluzione del diritto e delle tradizioni può essere paragonato, in certi aspetti, all’enfiteusi ed al feudo nel diritto medievale, in quanto anche nel caso dello jus kazakà si assiste ad una scissione del diritto reale originario con la costituzione di due ‘domini’ paralleli e ben separati, l’utile ed il diretto (Ivi, p. 62). Per la situazione ferrarese, si deve segnalare che il termine è stato evidenziato dai notai attraverso l’uso di una fraseologia specifica che, soprattutto nei primi decenni, faceva riferimento all’origine semantica del termine: infatti troviamo indicato il contratto d’affitto come «jus inquilinatus haebraicè nuncupato gasacà» (ASFe, ANAFe, Tomaso Monti, matr.1087, pacco 1, 14 giugno 1668), oppure «pro iure Casacà hebraice nuncupato» (Ivi, pacco 2, 18 marzo 1676), o come «il ius inquilino nominato in idioma ebreo cassacà» (ASFe, ANAFe, Giuseppe Vincenzi, matr.1063, pacco 3, 19 settembre 1680). Per un approfondimento sulle affittanze nel ghetto ferrarese: L. Graziani Secchieri, Un percorso nella vita ebraica dal XIII al XIX secolo nei documenti dell’Archivio di Stato di Ferrara, in G. Caniatti - L. Graziani Secchieri, Ebrei a Ferrara (XIII-XX sec.). Vita quotidiana, socialità, cultura, Ministero per i Beni e le Attività Culturali - Soprintendenza Archivistica per l’Emilia Romagna, Ferrara 2012, pp. 11-13. 17 Nel 1753, su richiesta di Abram Rafael Teglio, il perito Maurelio Panizza ha stimato l’edificio adiacente alla sua abitazione (di ragione Basaola) in via Vignatagliata e contiguo al portone del ghetto di proprietà di «Giovanni Battista Grandasi come cessionario di Domenico Antonio Canova che l’aveva ad uso per 7 anni» (ASFe, APA, Maurelio Panizza, busta 418/1, fascicolo 1 A del 1753, perizia del 15 gennaio 1753; allegati: schizzo di pianta e pianta in scala. Quest’ultima è stata pubblicata nella quarta di copertina di Graziani Secchieri, Ebrei a Ferrara (XIII-XX secolo). Vita quotidiana, cit.). Nello stesso 1753, poiché la sua abitazione in via Vignatagliata era molto angusta, Abram Raffael Teglio chiedeva di poter prendere in uso anche l’edificio adiacente, di proprietà di Giovanni Battista Grandazzi, seppure al di fuori del recinto del ghetto: tale affitto in deroga gli veniva concesso (ASFe, ANAFe, Giuseppe Antonio Ferialdi, matr. 1511, pacco 7, 10 aprile 1753; allegati: - pianta policroma di Maurelio Panizza, datata 15 gennaio 1753; - petizione di Abram Rafael Telli al Cardinale Legato Barni e relativa concessione). 18 Nel 1737, a nome proprio e del defunto Leon Vita Treves, Abram Raffael del fu Iacob Teglio ed Emanuel del fu Isac Rubiera di via Gattamarcia hanno venduto a Salomon Moisè del fu Angelo Pesaro, che ha accettato per sé e per i suoi fratelli, una banchetta nella Scuola Grande Italiana delle Donne con uno «schanello», proveniente dall’eredità di Leon Vita Treves, nella prima entrata a mano destra in prossimità del muro della Scuola e vicino alla banchetta di ragione di Salvador Anau, per 8 scudi di moneta corrente (ASFe, ANAFe, Giovanni Battista Caprioli, matr. 1378, pacco 3, 1° luglio 1737). 19 Nel 1756, Laudadio del fu Isaia Miram ha dichiarato di avere ricevuto come dote di Giuditta del fu Abram Zamorani la somma di 100 scudi, in cui era compreso un lascito testamentario di 50 scudi di Abram Raffael Teglio, e una banchetta da donna nella Scola Grande pervenutale da Moisè Emanuel Rocca procuratore di Vittoria Ancona madre di Giuditta e residente a Mantova; inoltre, Laudadio si è impegnato a restituirle dote e Tosefed (ASFe, ANAFe, Carlo Casoni, matr. 1586, pacco 5, 25 novembre 1756). Nel 1757, nella sua abitazione di via Gattamarcia, David Vita del fu Alessandro Finzi ha consegnato a Felice di Moisè Zamorani di via Gattamarcia come dote di sua figlia Dolce la somma di 490 scudi parte in contanti e parte di beni mobili, ori e argenti compresa una posta da donna nella Scola Grande Italiana e il supplemento versato da Cristoforo Corinaldi, uno dei Massari della Scola Spagnola, secondo le disposizioni testamentarie del defunto Abram Raffael Teglio che aveva nominato sua erede universale tale Scola con l’obbligo di pagare 30 scudi a ciascuna delle figlie nubili di David Vita Finzi in caso di loro matrimonio; a sua volta, Felice Zamorani ha dichiarato di ricevere tale somma, obbligandosi a restituire dote e Tosefed, se se ne fosse presentata la necessità; infine, Dolce ha dichiarato di non avere alcun tipo di pretesa o rivalsa nei confronti dei beni paterni e materni (Ivi, 27 ottobre 1757; allegati: 1 - nota dei beni mobili consegnati da David Vita Finzi a Felice Zamorani, stimati da Moisè del fu Benedetto Cavalieri e Moisè Vita Norsa; 2 - stima delle gioie, di Israel Raffael Rossi e Laudadio Zamorani; 3 - «Nota dei regali avuti sulla Tavola consistente in tanti pezzi d’argento cioè Fiorini et altre Bagatelle, compreso li anelli datti nella kedubà per il valore di solo metà scudi 8:- ??; e tutto il valore dell’anello delli Kidusine 1:50; Tot. 9:50»). Nel 1764, nella bottega di drogheria dei fratelli Minerbi in via Sabbioni, Iacob del fu Benedetto Minerbi di via Gattamarcia e Samuel del fu Lazzaro Norsa di via Sabbioni (incaricati di ciò dalla Scola Spagnola, mentre si citano Iacob Minerbi e Salomon Conegliano come Massari della stessa) hanno versato ad Alfonso Bordini e fratelli 100 scudi come ‘cauzione’ per le opere di ristrutturazione di un edificio, che il muratore Francesco Massari ha definito «un disfatume di pietre», posto in via Vignatagliata vicino alla porta del ghetto, pervenuto alla Scola come eredità di Raffael Teglio, che pagava 4:70 scudi annui di jus kazakà, con rogito del notaio Giuseppe Antonio Ferialdi del 10 aprile 1753 (ASFe, ANAFe, Asdrubale Onofrio Azzi, matr. 1560, pacco 4, 20 dicembre 1764). Nel 1772, Leon Moisè Ancona ha dichiarato di essere debitore per 75:96:6 scudi per l’affitto dal 1763 al 1772 di un edificio della Scuola Spagnola degli Ebrei del ghetto di Ferrara come erede beneficiata di Abram Raffael Teglio e di saldare tale debito attraverso la consegna a Samuel Amadio del fu Lazzaro Norsa, a ciò deputato, di «una Bibblia Sacra in carta pecora da esso scritta con suoi finimenti esistente in detta Scuola» (Ivi, pacco 7, 4 maggio 1772).
p.53
Avendo adottato un modo oltremisura sintetico
nel riportare le informazioni riguardo alle
sepolture, la maggioranza degli estensori del
Liber non permette di valutare l’appartenenza
alle quattro Scole che, alla metà del Settecento,
sappiamo essere funzionanti in Ferrara. I riferimenti
alla Scola spagnola, al relativo cimitero
o al suo sotterrino consentono di individuare
nell'insieme solo 18 persone appartenenti alle
famiglie Teglio (3 uomini),71 Recanati (1 donna),72
Saralvo (10 persone),73 Maimon (3 uomini)74 e Rieti (1 uomo).75 Poco significativi si dimostrano
anche i peraltro numerosissimi nessi
al cimitero italiano, che sono comunque troppo
generici e non consentono di distinguere gli appartenenti
alla Scola italiana76 da quelli delle
Scole fanese e tedesca,77 che vedevano al contrario
un elevato numero di aderenti come emerge
analizzando il notaio Pansecchi che ho ormai più
volte citato: nel lasso fra il luglio 1744 e il giugno
1745 compaiono 5 aderenti alla Scola fanese,78 11 alla tedesca79 e 16 all’italiana, che sono tutti
stati sepolti nel cimitero italiano di Santa Lucia.
Nessun appartenente alla Scola spagnola risulta
essere stato sepolto nei dodici mesi in esame.
71 Liber Iudeorum, c. 28r: «adi 4 Aprile 1755 - Abraam Raffael Telio anni 75 della strada di Vigna Tagliata della Scola Spagna». Ivi, c. 25r: «Manuel Vita Tellio 5 novembris 1753 filius Abram Rafael Tellio usorat. [?] Isac Modiliani humatus aetatis 42 annorum in via di Vintagliata». Ivi, c. 52v: «adi 19 Febraro 1767 - Bella Teglio d’anni 80 morto [sic] nella strada Maestra sepolta nel Sepolcro Spagnolo per Elia Pisa Libitinarium». 72 Ivi, c. 52v: «adi 19 Febraro 1767 - Stella vedova di Leon Vitta Recanati d’anni 83 sepolta nell Cimiterio Spagnolo, morta nella Strada de Sabioni per Elia Pisa Libitinarium».
p.65
Nel 1772, Leon Moisè Ancona ha dichiarato di essere debitore per 75:96:6 scudi per l’affitto dal 1763 al 1772 di un edificio della Scuola Spagnola degli Ebrei del ghetto di Ferrara come erede beneficiata di Abram Raffael Teglio, e di voler saldare tale debito attraverso la consegna a Samuel Amadio Norsa, a ciò deputato, di «una Bibblia Sacra in carta pecora da esso scritta con suoi finimenti esistente in detta Scuola» (ASFe, ANAFe, Asdrubale Onofrio Azzi, matr. 1560, pacco 7, 4 maggio 1772; allegato: copia del verbale della Congregazione dell’Università degli Ebrei in data 22 aprile 1772, trascritto dal dottor Samuel Lampronti, Segretario della Congregazione, cui ha partecipato egli stesso, fra gli altri). Morto a 72 anni ‘circa’, il dottor Samuel Lampronti è stato sepolto con rito italiano il 28 dicembre 1783 (Liber Iudeorum, c. 125v).
The story of the terrible persecution of Jacob Tello, a Jew of Vitoria in the Basque country. It is likely that he was a relation or indeed a kinsman or ancestor of the members of the Teglio family who fled Spain and the Inquisition at the Expulsion of 1492 and settled in the Italian peninsula. It seems that initially they went to Livorno (Leghorn) and then gradually spread to friendly states. The dukes of Ferrara (later of Modena) were amongst those who tolerated Jews. Tello in Spanish is pronounced the same as Teglio in Italian.
L'Erreur Judiciaire, Benoît Garnot (ed.)
This account mentions members of the Teglio family of Modena who were worthy of record because of the conversion to Christianity of one of its members.
Catecumeni e Neofiti a Modena, Andrea Zanardo, in 'Le Comunità ebraiche a Modena e a Carpi', 1999
A mention in the same book of a later Teglio, wife or daughter of another Teglio. She was born in 1768.
This must refer to the 'other' Laudadio teglio, who fought with Garibaldi and spent his life in Modena. There is a photograph of him above. This gives his name in its variant spelling of 'Tellio'.
Teglio, Rita Sara
INFORMAZIONI BIOGRAFICHE
data di nascita: 01/08/1880
luogo di nascita: Modena
data di morte: 11/12/1943
luogo di morte: Auschwitz
coniuge di: Ottolenghi, Salvatore
figlio/figlia di: Uzzielli, Benedetta - Teglio, Leopoldo
genitore di: Ottolenghi, Armando
fratello/sorella di: Teglio, Carlo
PERSECUZIONE
Rita Sara Teglio, figlia di Leopoldo Teglio e Benedetta Uzzielli è nata in Italia a Modena l' 1 agosto 1880. Coniugata con Salvatore Ottolenghi. Arrestata a Milano (Milano). Deportata nel campo di sterminio di Auschwitz. Non è sopravvissuta alla Shoah.
luogo di arresto: Milano
data di arresto: 9/11/1943
luogo di detenzione: MILANO carcere
luogo di raccolta: MILANO carcere
destino: Morto/a in campo di sterminio
numero di convoglio: convoglio n. 05, MILANO carcere 06/12/1943
data di partenza del convoglio: 06/12/1943
data di arrivo del convoglio: 11/12/1943
campo di destinazione: Auschwitz
numero di matricola: S
Teglio, Carlo
INFORMAZIONI BIOGRAFICHE
data di nascita: 04/03/1866
luogo di nascita: Modena
data di morte: 06/08/1944
luogo di morte: Auschwitz
coniuge di: Teyssier, Marie
figlio/figlia di: Uzzielli, Benedetta - Teglio, Leopoldo
genitore di: Teglio, Ivonne
fratello/sorella di: Teglio, Rita Sara
PERSECUZIONE
Carlo Teglio, figlio di Leopoldo Teglio e Benedetta Uzzielli è nato in Italia a Modena il 4 marzo 1866. Coniugato con Marie Teyssier. Arrestato a Abbiategrasso (Milano). Deportato nel campo di sterminio di Auschwitz. Non è sopravvissuto alla Shoah.
luogo di arresto: Abbiategrasso
data di arresto: 16/2/1944
luogo di detenzione: MILANO carcere
luogo di raccolta: FOSSOLI campo
destino: Morto/a in campo di sterminio
numero di convoglio: convoglio n. 14, FOSSOLI campo 02/08/1944
data di partenza del convoglio: 02/08/1944
data di arrivo del convoglio: 06/08/1944
campo di destinazione: Auschwitz
numero di matricola: S
Ivonne Teglio, figlia di Carlo Teglio e Marie Teyssier è nata in Francia a Lione il 17 febbraio 1895.
Arrestata a Abbiategrasso (Milano). Deportata nel campo di concentramento di Ravensbrueck.
È sopravvissuta alla Shoah.
Convoglio del 02/08/1944 partito da Verona.
Ottolenghi, Armando
INFORMAZIONI BIOGRAFICHE
data di nascita: 25/09/1908
luogo di nascita: Milano
figlio/figlia di: Teglio, Rita Sara - Ottolenghi, Salvatore
BIOGRAFIA Armando Ottelenghi nacque a Milano il 25 settembre 1908 da Salvatore e Rita Teglio. Nel 1938, in ottemperanza alle Leggi razziali, fu licenziato dal giornale "Il Commercio" al quale collaborava come pubblicista. . Dopo l'Armistizio e la cattura dei suoi genitori tentò, accompagnato dalla moglie "ariana", l'espatrio in Svizzera, ma furono respinti. Tornarono allora a Torino ospiti di parenti della moglie. Qui fu catturato il 17 maggio, imprigionato alle Nuove, inviato a Fossoli e poi a Verona. Scampò alla deportazione fuggendo dal treno che avrebbe dovuto portarlo in Germania il 2 agosto. Dopo varie peripezie nel novembre del '44 raggiunse Ronco Canavese dove si era rifugiata sua moglie e partecipò alla lotta armata fino alla Liberazione con la Divisione Alpina Canavese.
PROFESSIONE Pubblicitario
Modena (Jewish Encyclopaedia)
City in central Italy; formerly the capital of the duchy of Modena. Of its Jewish community, which has been, during the last few centuries, one of the most im por tant in Italy, there is no record until a comparatively late date. Although Jews were living in the territory of Modena as early as the year 1000, no reference to them as dwelling in the city itself occurs before 1450. There, as in so many other places, they seem at first to have been bankers who established them selves in Modena with the approval of the dukes of Ferrara, and they were treated exactly like the other Jews in the duchy. On the extinction of the house of Ferrara in 1598, the duchy did not come under the control of the States of the Church, but of a collateral branch of the house of Este. The Jews of Modena did not suffer to the same extent, therefore, as their coreligionists elsewhere, although they were subject to all the hardships of the ecclesiastical laws.
The Jewish community increased considerably in the seventeenth century, when it occupied an important position because of its rabbis and of the studies which were pursued there. Prominent among its scholars of this period was Abraham Joseph Solomon Graziano (d. 1685). Cabalistic thought predominated; and the community was one of the first to introduce the daily penitential services . The political sta tus of the Jews remained uncertain, with the exception of a temporary im prove ment during the French Revolution; and the Jews were not emancipated until the city was incorporated with the kingdom of Italy in 1861. In 1845 Cesare Rovighi of Modena edited the first Italian Jewish periodical, the "Rivista Israelitica," which was published at Parma.
The following rabbis and scholars of Modena may be mentioned. Fifteenth century: Samuel of Modena, corresponded with Joseph Colon (Responsa, No. 128). Sixteenth century: Gershom b. Moses; Abraham b. Daniel Modena (1543), author of many liturgical prayers; Baruch Abraham da Spoleto b. R. Pethahiah (1584). Seventeenth century: Gershom b. Israel Chezigin, Menahem b. Elhanan Cases, Moses Israel Foà b. Vardama, Judah b. Jacob Poggetto, Abraham Rovigo b. Michael Raphael, Moses David Valle, Elijah Usili, Meshullam Levi, Na?man b. Na?man b. Joseph, Joseph Melli b. Joseph Israel,David b. Elijah Ravenna, the above-named Abraham Joseph Solo mon Graziano (1685), Aaron Berechiah Modena, Ephraim b. Elijah da Ostra, Abraham Jedidiah b. Menahem Samson Basilea. Eighteenth century: Judah Ma?lia? Padua ( -1728), Manasseh Joshua Padua (1728), Ephraim Coen (1728), David Coen b. Abraham Isaac, Jacob ?ayyim b. Reuben Ya?ya, Moses b. Levi Li, Abraham ?ai b. Menahem Grassini, Abraham Vita Sinigaglia b. Solomon Jedidiah, Solomon Jedidiah, Abraham Vita II., Moses Elijah b. Solo mon Jedidiah (d. 1849), Ishmael Coen b. Abraham Isaac, Ephraim b. Joseph Gallico. Nineteenth century: Elishama Meïr Padovani, Solomon Nissim, Solomon Teglio, Moses Ehrenreich, Solo mon Jonah, Giuseppe Cammeo.
Since 1900 the monthly "L'Idea Sionista" has been published at Modena by Carlo Coniglia, professor of law in the university there. At present (1904) the Jews of the city number about 1,200 in a total population of 64,941.
Bibliography: Ersch and Gruber, Encyc. section ii., part 27, p. 156, s.v. Juden;
R. E. J. xx. 35 et seq.;
Mortara, Indice, passim.G. I. E.
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Ketubbot: Marriage Contracts from the Jewish Museum |
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The Seventeenth Century Hebrew Book (2 Vols)
By Marvin J. Heller
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Index de l'ouvrage de Shalom Sabar "Mazal Tov"
Alphabetical index of Shalom Sabar's book "Mazal Tov"
The Israel Museum, Jerusalem, 1993
Index par noms des fiancées/Index by brides names
| Fiancée/Bride | Fiancé/Groom | Père de la fiancée/Bride's Father's name | Père du fiancé/Groom's Father's name | Année/Year | Ville/Town | Page |
|---|
| Teglio Hava Grazia | Rovigo Meir Haïm | Rovigo Moses Abraham | Teglio Avtalyon (Hezekiah) | 1817 | Modena (Italy) | 60 |
Nel 1894 il rabbino Giuseppe Cammeo citò nel suo discorso inaugurale nel tempio israelitico i nomi di molti rabbini e maestri di culto modenesi: Trabotti, Abramo Graziano[3], Leon da Modena, Lipsis, Laudadio Sacerdoti[1], Bonaventura Modena, Castelbolognesi, David Zechut Modena, Sansone Teglio, Abramo e Mosè Sinigaglia, Moisè Ehenreich, Salomone Jona.
Nel 1901 venne pubblicata a Modena la rivista mensile L'Idea sionista (sottotitolo Rivista mensile del movimento sionista, fondata da Carlo Conigliani[4], docente di scienza delle finanze presso l'università modenese. Sotto la sua presidenza nell'ottobre del 1901 ebbe luogo a Modena il secondo convegno del sionismo italiano.
Durante la prima guerra mondiale e fino al 1938 le famiglie ebraiche modenesi dei Donati, Levi, Crema, Nacmani, Namias, Modena, Formiggini, Friedman, Usiglio, Teglio, Sacerdoti ed altre diedero la loro piena adesione ai valori del Regno d'Italia e gli ebrei modenesi influenzarono profondamente la cultura e la società di Modena[5].
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A Jewish Renaissance in Fifteenth-Century Spain
By Mark D. Meyerson
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Jewish Encyclopedia 1906
Among the richest and most eminent Jews of Vitoria were various members of the Chacon family (Gacon, Gaon), Eleasar Tello, and Moses Balid.
After the Edict of 1492.
The general edict of banishment from Spain naturally affected the Jews of Vitoria. On June 27, 1492, the above-mentioned Moses Balid, Ismael Moratan (the president of the community), Samuel Benjamin Chacon, his relations Abiatar and Jacob Tello, and Samuel de Mijaneas came before the councilors of Vitoria, and presented to the city, in the name of the Jewish community and in recognition of the friendly treatment received from the city, their cemetery, "Judemendi" (Jews' hill), adjoining the ghetto, together with all its belongings, on condition that no plow should ever furrow it. The town council accepted the gift, and the condition has been faithfully observed ever since.
On-line version ISSN 1850-2628
Mediev themes. v.13 n.1 Buenos Aires Jan./Dec. 2005
THEMATIC AXISM: Power and Society in the Middle Ages
The trial against Jato Tello (Vitoria 1485): judicial error or use of criminal justice in anti-Jewish politics?
Iñaki Bazán 1
1 University of the Basque Country, Spain
Abstract : The purpose of this article is to know to what extent criminal justice could be used as another instrument of the anti-Jewish policy developed by the Christian authorities of medieval Spain at the end of the 15th century, specifically in the moments before the expulsion . In order to investigate this issue, the criminal proceeding for blasphemy to which the Jew of Vitoria (Álava) Jato Tello was subjected will be considered.
Keywords : Jews - blasphemy - criminal justice - Middle Ages
Summary : The Trial of Jato Tello (Vitoria 1485), was it a Juridical Mistake or was Criminal Law Used to Serve the Anti-Jewish Policy? . The purpose of this article is to establish to what extent criminal laws served as an instrument of the anti-Jewish policy followed by the Spanish government at the end of the fifteenth century, in other words, during the period preceding the expulsion of the Jews . With this purpose in mind the author analyzes the criminal proceedings for blasphemy to which Jato Tello, a Jew from Vitoria in Alava, was submitted.
Key Words : Jews - blasphemy - criminal justice - Middle Ages
Résumé : Le procès contre Jato Tello (Vitoria 1485): erreur judiciaire ou emploi de la justice pénale dans la politique anti-juive? L'objectif de cet article est de savoir jusqu'à quel point la justice pénale fut employée comme an instrument of the politique de caractère anti-juif menée par les autorités de l'Espagne chrétienne à la fin du XVe siècle, d'une manière concrète, dans la période précédant l'expulsion. Pour examiner cette question on prendra comme exemple le procès pénal pour blasphème qui fut tried au juif de Vitoria (Álava), Jato Tello.
Monts-Clé : juifs-blasphème - justice pénale - Moyen Âge
Introduction
Tolerance and peaceful coexistence were the hallmarks of the coexistence between the Christian and Jewish communities of the Crown of Castile during much of the Middle Ages; However, from the fourteenth century this coexistence would be broken. Both the Church and the monarchy and the municipal councils determined to regulate it with greater or lesser violence, as the case may be, through a whole series of measures tending to segregate and discriminate against the Jewish population, a process that specialized historiography has analyzed in detail. The deterioration of coexistence reached its climax in the decade of the eighties of the fifteenth century and ended up being considered impossible, promulgating, consequently, as is well known, the decree of expulsion.
Our interest centers on knowing to what extent criminal justice could be used as another instrument of the anti-Jewish policy developed by the Christian authorities; and this, through the criminal process for blasphemy to which the Jewish Vitoria Jato Tello was subjected. Thus, we must answer the question of whether his prosecution and subsequent conviction was the result of a judicial error or was really an act of prevarication, sample of the segregationist policy that developed the Vitorian consistory against his Jewish community since 1476, although its precedents date back to 1428. But before being able to answer that question we must make a series of considerations about the dangerous relationship between procedural law and judicial errors in the Crown of Castile during the late Middle Ages, meet the two protagonists of the drama judicial, reconstruct the whole process in detail and contextualize it. These will be the different sections that structure this article. Much of it has already seen the light but now we offer a more complete version from the bibliographic and documentary point of view, because it includes the transcription of different archival pieces that the previous version did not collect and now in Spanish in front of the previous text in French get to know the two protagonists of the judicial drama, reconstruct in detail the whole process and contextualize it. These will be the different sections that structure this article. Much of it has already seen the light but now we offer a more complete version from the bibliographic and documentary point of view, because it includes the transcription of different archival pieces that the previous version did not collect and now in Spanish in front of the previous text in French know the two protagonists of the judicial drama, reconstruct in detail the whole process and contextualize it. These will be the different sections that structure this article. Much of it has already seen the light but now we offer a more complete version from the bibliographic and documentary point of view, because it includes the transcription of different archival pieces that the previous version did not collect and now in Spanish in front of the previous text in French[ 1 ].
Late medieval procedural law and judicial errors
As the Latin aphorism "errare est falsum pro vero putare" warns, that is, "the error consists in believing the false to be true". Therefore, the judicial error supposes a false, mistaken or imperfect knowledge of the facts, that does not adapt to the reality of the same but that it alters them. It is also important to state that judicial error can occur both against the accused and in his favor, since this extreme tends to be forgotten not a few times. The procedural guarantees of citizens before the courts of justice during the low Middle Ages were often a mere chimera, which generated many errors in order to appreciate the test, qualify the facts declared, determine the participation of the accused, etc. .[ 2 ] , we find ourselves with a series of questions that could, and in fact did, contribute to incur judicial errors: the testimony of witnesses and informers, the holding of trials in absentia (rebellion) of the accused, the summary process of the Brotherhoods, the practice of judicial torture or the secrecy of the tribunal of the Inquisition, inaugurated by the Catholic Monarchs around 1478-1480. Without any spirit of completeness, let's look briefly at each of them.
Intentional denunciation and false witnesses. If an informer or a witness testified at a trial that he had seen the defendant the day before with the victim, when in reality he did not see him or who he saw was another person, it could be due to confusion or a certain dose of animosity. In both cases, if that testimony was considered as sufficient evidence, it could conclude the process with an unjust sentence: a judicial error. In order to avoid denunciations in which there was some enmity between the informer and the accused, the Catholic Kings ordered in 1498 the mayors of the crime of the Audiencia of Valladolid to condemn the procedural costs to those who did not prove their accusations, as also they extended in 1502 to the president and oidores of the mentioned Hearing. In this way it was intended to prevent them from engaging "[ 3 ] . This fabricating a false cause against someone by enmity was more common than a prioriIt could be assumed. One of the scribes of Bilbao, Juan de Arbolancha, required the Catholic Monarchs to remedy an anomalous practice that had become a habit: many individuals, by inducing the elder relatives (lineage heads) or by winning their sympathy, maliciously interposed denunciations against their enemies and declared themselves poor to avoid paying the fees owed to the notaries for initiating the complaint. An example of this practice is found in Guernica; here, in 1485, the scribe Íñigo Pérez de Irazabal was accused, by denouncing Sancho Martínez, of making false deeds. In his defense, he argued that Sancho Martínez had accused him "for insulting and infamous him and for pleasing Mezeta's elder relative because of his anger over the lawsuit he was dealing with"[ 4 ] . The monarchs decided that they were only accepted as poor informers and, consequently, exempt from the payment of those mentioned procedural expenses, those that followed their own cause or that of a relative in the fourth degree [ 5 ]. Similar problems existed with the witnesses and the authorities took great care not to accept the testimony of any person who was infamous, influenced or related to the parties. The sanction for those who declared in false was extremely hard because of the great damage they caused to their victims, as evidenced by the criminal justice of the Basque Country. It was distinguished, in principle, between the penalty imposed by false testimony declared in civil and criminal cases. In the first, of every five teeth, one was extracted and with them a kind of rosary was made which was exposed in the pillory of the public square to the derision of the false witness; In addition, he had to pay for the damages caused and, in some penal codes, his exile from the place was established.[ 6 ] .
Trial in absentia or absence of the accused. This type of judicial action lent itself too easily to end in a judicial error. In principle, a defendant could flee from justice for being really guilty and fearing the consequences but also, if he was innocent and considered that procedural guarantees sufficient to have a fair trial would not be kept. In this second case, factors could intervene that vitiate the process, such as the bribery of witnesses, personal enmity with the judge, the social pre-eminence of the victim's family, etc. But despite fleeing as a precaution before the possibility of not having a fair trial, the curious thing, according to the legal codes of the period, is that every fugitive from justice was condemned in absentia as the perpetrator of the crime that was imputed to him, whether or not really guilty In this sense theFuero Nuevo de Vizcaya of 1526 -which came to replace that of 1452-, indicated the following: inmates in absentia will be prosecuted, convicted and sentenced, "declaring them as rebels, and confessed, and guilty, and perpetrators of crime, or crimes, against them denounced, and they will limit and confine them and proceed against them to execute the said sentence "(Title 9, Law 5). The Law of Encartaciones(territory added to the Señorío de Vizcaya) of 1503 - which updated, in turn, the one of 1394 - was much more rigorous: in addition to being declared guilty and imposing the penalty that corresponded to them for a crime, they were condemned to the loss of all their personal property and, if they were neighbors of the valleys of Salcedo and Gordejuela, their real estate would be destroyed (title 1, law 10). In the study of criminal processes we have been able to verify the real application of this extreme legislation provided by the legal codes referred to. As an example of trials in absentia can be adduced that of Lope de Ochandiano in 1504. This was condemned by the lieutenant of the Judge Mayor de Vizcaya for the murder of Antonio de Ochandiano in the following terms: for not appearing at the first place of justice , to the penalty ofscorn (fine); for not doing it either to the second or third, to the penalty of omicidio(economic penalty) and "by rebellious and contumacious and by perpetrator of crime and death [...] he had to pronounce and pronounce by perpetrator and perpetrator of the said crime and death of said Antonio de Ochandiano that he was accused", to the punishment of death, an exorbitant economic penalty of 30,000 maravedis and the procedural costs. The problem of this type of procedure was, as we have anticipated, in the great probability of incurring a judicial error and condemning an innocent. In the judicial processes analyzed, we have confirmed how, on repeated occasions, such a contingency occurred. For example, in 1500 the corregidor of Vizcaya sentenced Pedro Díaz de Sodupe in absentia to the death penalty and, in appealing his ruling before the superior court of the Judge Mayor of Vizcaya, was declared innocent of the crime [7 ] .
Summary process of the Brotherhood [ 8 ] . Obviously, the summary or abbreviated proceedings, characterized by the shortening of the deadlines, the probative value of the evidence, the suppression of formalities and guarantees and by the greater powers granted to the judges, had to contribute necessarily to the proliferation of judicial errors . In 1394, at the behest of the corregidor Gonzalo Moro, the criminal books of the Brotherhoods of Vizcaya and Guipúzcoa were established, in addition to the Fuero de las Encartaciones. They clearly specified the reasons why a summary proceeding should be applied for crimes perpetrated in the depopulation. In the specific case of the Brotherhood of Guipúzcoa, there were three complications that prevented justice from proceeding effectively against the wrongdoers, so they felt unpunished: first, that the law required that every crime should be proven with two eyewitnesses; second, that being a land in which its inhabitants enjoyed the status of nobility (hidalgos), they could not be subjected to judicial torture with a view to clarifying the facts and third, that as a result of the Gipuzkoan territory is constituted by a habitat very dispersed and a very mountainous orography, it was difficult to count on two witnesses of sight of the crime. The arbitrated solution to solve such problem was to accept the mere presumptions or suspicions of guilt as sufficient to summarily process someone and be able to execute and seize their property, unless it had two witnesses of good reputation to declare that, at the time of the crime , was in another place. What is to be understood by mere presumptions or suspicions ?: public reputation of being the perpetrator of the crime, fleeing with the "bloody weapon" in the sight of witnesses, threatening someone with death and then appear dead, etc. At the time of the crime, he was in another place. What is to be understood by mere presumptions or suspicions ?: public reputation of being the perpetrator of the crime, fleeing with the "bloody weapon" in the sight of witnesses, threatening someone with death and then appear dead, etc. At the time of the crime, he was in another place. What is to be understood by mere presumptions or suspicions ?: public reputation of being the perpetrator of the crime, fleeing with the "bloody weapon" in the sight of witnesses, threatening someone with death and then appear dead, etc.[ 9 ] . In short, mere indications that today would be considered circumstantial evidence lacking definitive probative value. The justice of the Brotherhoods acted fundamentally in depopulated, real ways or forests and, if in some of these places a crime happened and someone other people's to the facts happened by there in that precise moment or agreed with the described description of the criminal by witnesses -mala Luck - was prosecuted, convicted without right of recourse and executed. So is; of the sentences of the mayors of Brotherhood could not be appealed either by way of grievance, or appeal, or supplication, or nullity, or because the proof of guilt was obtained by resorting to ordeals [ 10 ]. The reason for not accepting recourses in the higher courts of the sentences pronounced by the mayors of the Brotherhood, with the exception of the case of the Alava Brotherhood, was to prevent their exemplary and exemplary justice from being violated, losing effectiveness in the eradication of crime in the depopulated in times of the struggles of bands and violence of the rural nobility. However, to avoid excesses, from time to time the action of the Mayors of Brotherhood was overseen by the General Councils and the Commissaries of Brotherhood.
Judicial error with such a system of summary proceedings based on indications, presumptions or suspicions should be commonplace. It is impossible to quantify it but to verify its existence. In 1487 the daughter of María Pérez de Lazaqueru was sentenced for the theft of a certain amount of wheat, "without hearing and with bad process." As this crime took place in Álava, where the failures of the Brotherhood could be appealed, María Pérez appealed to the court of the Royal Chancery of Valladolid, where her daughter was declared innocent. The mayor, in his defense, alleged that he was a layman (without knowledge of the rudiments of law), who could not read or write and who had been advised in the sentence by the opinion of the lawyer of the Brotherhood [ 11 ]. Here we could also talk about the serious problem that supposed that the authority to administer justice, both of the Brotherhood and of other judicial instances, lacked knowledge in criminal and procedural law, in addition to being illiterate. All this resulted in an imperfect knowledge of the facts, of the law, which, in the end, meant fertile ground for judicial error.
Judicial torture . Through physical pain it was sought to tear out the true statement of a defendant. It is a mechanism already envisaged in the Roman Law to investigate the truth of a crime and collected by the late medieval legislations, as in the Parties of Alfonso X the Wise : "Men commit, they say, and make big mistakes and evils covertly, so that they can not be known or approved, and therefore the ancient sages who tortured men because they could know the truth of them "were well-liked." The Church also resorted to it, through the bull Ad extirpanda de Inocencio IV (1252), to carry out the "inquisition" ( inquisitio) or initiative of the judge for the discovery of judicial truth. The application of torture required the presence of the judge; the subsequent ratification, without the urgency of the torture, of the declarations taken and the practice in various sessions, in order to avoid exceeding the limits of human resistance. Judicial torture was a subjective test that required subsequent ratification and came to replace the medieval ordeals: interpretation of the verdict of the deity through a series of signs, resulting from the holding of certain tests, such as incandescent iron or of the candelas, typical of Navarra. Many ordeals as probative support for a sacred process were forbidden by the Fourth Council of Letran (1215). Late medieval law prescribed exceptions to the suffering of judicial torture:[ 12 ] . In the case of Jato Tello against Juan Fernández de Paternina -which we will analyze in more detail- we can see how the application of judicial torture led the victim to say what was not true as long as he did not suffer more: "with the torments that you gave him made him confess that he had said evil of Our Lord God and said that it was not true and that after he was removed from the torment he revoked what he had said and then in the same hour you put him in another more cruel torment because they affirmed what he had said "[ 13 ].
Inquisitorial procedure . On November 1, 1478 Pope Sixtus IV issued the bull Exigit sincerae devotionis. In it the Catholic Kings were authorized to begin the framework of what, in the course of time, would become the dreaded tribunal of the Holy Inquisition or Holy Office. Within the inquisitorial procedure, mention should be made of the denunciation, the secrecy with which the cases were conducted, the concealment of the accused from the reasons for his prosecution and the identity of the accuser, the use of judicial torture to obtain his confession, etc. The prisoner was detained and held incommunicado for three days in the so-called secret jails of the Inquisition and, after them, he was granted the first hearing. In the same, he was exhorted to incriminate himself and to denounce other people, his lineage was investigated, his knowledge of the articles of faith was examined but a total silence on the cause of his arrest was maintained. For the defendants it was a great disadvantage not knowing why and who had denounced them, as they insisted on their innocence and, consequently, they were pressed by torture to confess their guilt. It is not strange that the Inquisition condemned many innocents. But that was a minor evil, because what really mattered to the monarchs was to have an instrument of social control extremely effective, based on the pedagogy of fear. We do not insist more on the inquisitorial procedure because it is widely known and the object of a multitude of studies It is not strange that the Inquisition condemned many innocents. But that was a minor evil, because what really mattered to the monarchs was to have an instrument of social control extremely effective, based on the pedagogy of fear. We do not insist more on the inquisitorial procedure because it is widely known and the object of a multitude of studies It is not strange that the Inquisition condemned many innocents. But that was a minor evil, because what really mattered to the monarchs was to have an instrument of social control extremely effective, based on the pedagogy of fear. We do not insist more on the inquisitorial procedure because it is widely known and the object of a multitude of studies[ 14 ] .
The protagonists: Juan Fernández de Paternina and Jato Tello
There are not many data that we have about these two neighbors of Vitoria who, between 1485 and 1486, staged a confrontation before the courts of justice of the Catholic Monarchs. However, we will try to provide some identifying elements about their people, families and social environment. Let's start with the ordinary mayor Juan Fernández de Paternina. The surname Paternina refers to a lineage with a manor house in the vicinity of Salvatierra de Álava and diversified into different branches that extended through Álava (Vitoria, Laguardia and Labastida) and Guipúzcoa. The heraldic shield of the lineage consists of a red field on which is placed a green oak with a white wolfhound leaning on the trunk and barking at a crow perched on the top of the tree. In all likelihood, the branch that settled in Vitoria did it throughout the fourteenth century as a way of avoiding the late medieval crisis of the rural nobility of Alava, focused on the loss of income, especially of an agricultural nature, due to an unfavorable evolution of demography ( number of payers) and the production of lands with diminishing returns. In this way, they could participate in the benefits provided by the economic dynamism of Vitoria, linked to its booming commercial activity, thanks to its geostrategic position as an intermediary in commercial traffic between the Castilian plateau and the Basque coast, from where they left and where ships arrived. of northern France, the Netherlands, England and the Hanseatic area. Many other lineages of the rural small nobility of Alava chose this same file to avoid the problem of the decrease in their income. The Alava chronicler of the late sixteenth century, Fray Juan de Victoria, refers to the decline of this lineage, plunged into the late medieval crisis and involved in one of its most ominous corollaries, the violent struggle of factions, eradicated thanks to the action of the Brotherhood Alavese provincial, who had the support of the monarch Henry IV and the Catholic Monarchs: "over time, they have become little thing [refers to the lineage], and partly because they were their assets and they have sold and alienated of their original lineage, and of them ravaged by the sides, and of them torn down by bands, wars, Brotherhoods, King Don Enrique [IV], King Don Juan II, Reyes Católicos. [...][ 15 ] .
This concentration of lineages of the small rural nobility in Vitoria led to the outbreak of a conflict with the common people due to the occupation of municipal offices, since they influenced the tax distribution. That conflict is known as the fight between Ayalas and Callejas and splashed the history of the city for a century and a half. Finally, in 1476, a definitive agreement was reached between the parties that put an end to the struggle, thanks to the intermediation of Fernando el Católico . According to the tenor of the agreement ( capitulated ), a new institution was created to govern the destinies of the Vitorians, the City Council, and it was specified that only the "richest and most reputable and of good reputation and conversation" could occupy the municipal offices. In this way, an urban oligarchy was institutionalized, to a large extent, of those ancient lineages that settled in Vitoria fleeing the crisis and fought for control of municipal power [ 16 ] , among them the Paternina.
Therefore, to Juan Fernández de Paternina, as a member of that new urban oligarchy that controlled the City Council, he had the office of ordinary mayor from September 29, 1484 to September 29, 1485. We have individual news about the name of his brothers, Catalina and Gómez, and the existence of his son Juan de Paternina. We also know that he was a regular in the courtrooms regardless of his status as a judge of first instance: on one occasion he appeared as a defendant, for Jato Tello, in the case in question; in another, as plaintiff, together with his brothers, against Catalina Martínez de Mendoza, for the possession of some houses [ 17 ] ; or as a plaintiff, together with his son, against his wife for the crime of adultery[ 18 ] .
Regarding Jato Tello we can not provide more than a few isolated pieces about him. Indicate in the first place that he was a Jewish neighbor of the Vitoria aljama, established in 1256 by the monarch Alfonso X el Sabio . One thing that is interesting to clarify is his first name because, according to the sources, he is named Jato or Jaco or Jacob. According to Enrique Cantera, the denominations Jaco or Jato are equivalent to Ya'acov; that is, to Jacob [ 19 ] . Another neighbor of Vitoria, of tragic end, had the same name, we refer to Jaco (= Ya'acov = Jacob) Gaon. This namesake of Tello was a rich merchant and landlord of royal rents assassinated in Toulouse in 1463 when he collected the "order" of the king [ 20 ]. Jato or Jacob Tello belonged to one of the most important families in the Jewish quarter of Vitoria. Among his relatives we find Aliatar (= Ele'azar) Tello. This Eleazar Tello played an important role as a representative of his community before the municipal authorities of Vitoria at different times. One of them was when the Jews of the city resorted, in 1484, to the marked segregationist character of the ordinances that had been promulgated by the City Council and the other, in the sad days of June of 1492, when after the promulgation of the expulsion decree of all the Jews of Castile and Aragon had to order their haciendas, by selling them, by trespassing them, etc. Specifically, Eleazar Tello participated in the commission that negotiated the cession of the Jewish cemetery (Judizmendi) to the municipality,[ 21 ] .
Jato Tello was married to Buenaventura and it was she who assumed the responsibility of appearing before Juan Fernández de Paternina to recriminate his attitude and demand a transfer of the process, with which to appeal his sentence before the Royal Chancery of Valladolid. We know that the marriage had several children, at least one male and one female, mentioned in a generic way in the court documents: "because his wife said fixed and gave the wheat to his son". From this it can be inferred that her daughter was married and that the family carried out activities related to the cereal trade. Although we do not have data to corroborate it, we assume that Jato Tello and his people, due to the antecedents of animosity against him, It would be one of the 120-150 Jewish families that left the city of Vitoria in July 1492 after the expulsion edict. In this way, a coexistence of more than 250 years between the Christian and Jewish communities of Vitoria was ended.
The Tello case (Vitoria 1485-1486)
The existence of this tragic event that shocked the vitorianos of those days we know it because it has preserved the criminal record [ 22 ] of the lawsuit that pitted the Jew Jato Tello against the ordinary mayor Juan Fernandez de Paternina, whom Tello criminally accused to the mayors of the crime of the Royal Chancellery of Valladolid for having unjustly prosecuted and convicted [ 23 ] .
In July 1485, Juan Fernández de Paternina, probably acting ex officio (Although we do not have the beginning of the document, we do know that there was no informer or accuser, because in some passages it states that "there was no accuser"), he ordered the arrest of the Jew Jato Tello for the crime of blasphemy and rejection of God [ 24]. ] . Obviously, Jato Tello denied the accusation and demanded that the mayor release him from jail and the crime he was accused of. By the relation of the lawsuit, it seems that there were no witnesses who, with their testimonies, corroborated the mayor's version and incriminated Tello; for this reason, judicial torture was resorted to as a means to obtain the confession of the alleged offender.
Given that the blasphemy or crime of divine majesty was an extremely serious crime that was punishable by bloodshed and that, in addition, the defendant was not one of the persons exempted from judicial torture by legislation, it is not surprising that I resorted to her to obtain her confession. What was the torture they subjected to Tello? Nothing is said about it; nevertheless - and taking into account our investigations on the matter -, the torment that was used with greater profusion was the one of the water: the criminal was placed on the colt or in a staircase, head down, tied of feet and hands, and he introduced through his mouth, through a cloth, a certain amount of liquid element, taking care not to exceed his endurance and that he ended up drowned. Tello twice suffered a torture that he himself did not hesitate to describe as the "strongest and most terrible" and "cruel". In the course of the sessions, surrendering to suffering, he confessed that it was true that he had blasphemed and renegade but, at the end of the sessions, when he was required to ratify the statement, then he returned to proclaim his innocence. Despite the fact that the mayor did not achieve his goal, he pronounced sentence: mutilation of language, fifty lashes, loss of half of his property and payment of court costs then he returned to proclaim his innocence. Despite the fact that the mayor did not achieve his goal, he pronounced sentence: mutilation of language, fifty lashes, loss of half of his property and payment of court costs then he returned to proclaim his innocence. Despite the fact that the mayor did not achieve his goal, he pronounced sentence: mutilation of language, fifty lashes, loss of half of his property and payment of court costs[ 25 ]. In principle, the number of lashes that he had to receive, according to the legislation, was one hundred, but at this point the mayor moderated the sentence. Something similar happened also with regard to the mutilation of the language, since the sentence was commuted by sticking it in the pillory of the public square. This change seems to have been due to the fact that several people influenced the Mayor's mood: "I begged some people to cut off his tongue and he had him locked up". The legislation that inspired the sentence of the mayor was an ordinance issued by the monarch Enrique IV of Castile and dated in Toledo in 1462: "anyone who blasphemes of God or the Virgin Mary, in our Court or five leagues around, that by the same made him cut his tongue, and give him a hundred lashes publicly for justice;[ 26 ] .
After the court ruling, Jato Tello had the right to appeal to higher courts that, in the case of the residents of Vitoria, was the court of appeal that was in the Criminal Chamber of the Royal Chancery of Valladolid. However, Juan Fernández de Paternina proceeded to execute the sentence, ignoring the defendant's right to appeal. In the first place, he was publicly mocked, being mounted on a donkey with a rope of esparto to the throat and being led in this manner from the municipal jail to the public square, where the scaffold was located. During the tour, the town crier announced to the neighbors what was the fault of the condemned and his punishment. At the sight of all those attending the event, the fifty lashes were given and his tongue was stuck. The time a member remained stuck (hand, tongue, ear, etc.) in the sight of their neighbors, it was to be, on average, an hour, according to the court judgments analyzed, although it could be up to four hours. In the case of Tello, it seems that it was the neighbors themselves who asked the mayor to mitigate the pain that was inflicted on him, causing him not to spend too much time with his tongue pierced by a nail: "The language was nailed to the said Jato Tello in the plaza of the said city and where a little time by prayer it seems that the aforementioned mayor was ordered to unlock ".
The economic penalty to which he was sentenced - the loss of half of his assets - was distributed as follows: half for the Royal Treasury and the other half, which if there had been an informer would have been for him, the mayor ordered that I used to make a cloth of excellent quality to take it out on the body of Jesus Christ and the image of the Virgin in the solemn processions of the city. Probably the procession that alludes to the sentence, in which would go the cloth on the body of Jesus Christ, is that of Corpus Christi, the most important of all that were made. This use given to the property of the condemned for blasphemy have its logical justification within the mental universe of the time: the blasphemer attacked against God, the Virgin or the saints and, if we take into account that the insults between individuals were condemned to the return of the honor, then Tello's goods would serve to glorify and extol those components of the heavenly court offended through their processional images covered with a cloth of great wealth. In a municipal agreement, dated July 20, 1485, it was indicated that the collection of half of the hacienda of Jato Tello was resolved as soon as possible[ 27 ] . The payment of the costs of the lawsuit was made with the cloak that he wore at the time of executing the sentence.
The tribulations suffered by the Jew from Vitoria (judicial torture, public derision, flogging, interlocking of language [nailing of tongue], etc.) would find just compensation in the court of the Valladolid Chancery but it was not an easy task. In the legislative work of Alfonso X the Wise , the Parties , is defined the appeal of the judgments pronounced by the judges in the first instance as the amendment of the judge mayor ; the possibility of this rectification or reparation was arbitrated in the late Middle Ages as a result of the hierarchy achieved by justice. The wife of Jato Tello, Buenaventura, appeared before the doors of the house of Mayor Paternina to request a transfer of the process [papers], essential to be able to demand justice before a superior instance. This woman demonstrated to understand to perfection the philosophy inherent to the fact of appealing, because it showed the mayor that the "remedy of the aggrieved was to appeal" [ 28 ] . However, in principle, they did not get the copy or transfer of the process, so they had to resort to the Royal Council, from where the mayor and the clerk of the case were ordered, on September 26, 1485, to deliver it [29 ] . Now they could initiate the appeal before the mayors of the crime of the Royal Chancery of Valladolid. The Tello prosecutor demanded that the damage infringed be repaired and accused Juan Fernández de Paternina of having done it deliberately. The mayors of the crime listened to the story of the events Tello had experienced since one day in July 1485 he was arrested and accused of being a blasphemer, as was the request that Paternina appear before them to answer the matter. On November 30, 1485 the Royal Council sent a letter to be presented in follow-up of the lawsuit and, otherwise, would be declared a rebel to justice, continuing the process without his presence [ 30 ]. However, Jato Tello suspected that during the processing of the lawsuit, the mayor, powerful person, member of the oligarchy and maximum political and judicial authority of Vitoria, or his relatives, servants or relatives could inflict some damage, even kill him, as well as his wife, children, servants and solicitors; In short, they could not walk safely through the streets. For this reason they asked the monarchs for a letter of insurance and protection so that their persons and goods would be protected against possible retaliatory actions of Paternina, their relatives and relatives. That letter was granted on December 2, 1485 and the Catholic Monarchs ordered that it be publicly proclaimed by the squares and markets of Vitoria, so that everyone would be aware that Jato Tello,[ 31 ] .
The mayors of the Criminal Chamber of the Chancery, having seen the evidence presented before them, issued the following ruling on July 20, 1486, that is, one year after the facts had elapsed: in the first place, they annulled the trial conducted by Juan Fernández de Paternina; in the second place, they reversed his sentence and acquitted Jato Tello of everything pronounced against him; in the third place, they ordered that his "honor and good reputation in which he was before and at the time the said sentence was pronounced before him be returned", as well as his estate, and in fourth place, Juan Fernández de Paternina was convicted to the payment of the litigation costs of the litigation in degree of appeal, which amounted to 7,500 maravedis, and he was notified that if payment of the 7 was required.[ 32 ] .
The manner and manner in which the honor and public fame should be returned to Jato Tello was also specified in the sentence: that it be "publicly proclaimed in the said city and by the usual squares and markets that none or some persons are not daring to say to the said Jato Tello or his wife or children who was flogged or enclaved their language or any other decline related to the justice that was made in the said city by order of the said Juan Fernandez de Paternina mayor, under penalty of two thousand maravedis every time they say it ", applied, half to repair the wall of Vitoria and the other half for Jato Tello [ 33 ] . This way of carrying out the restitution of the good name is consistent with the way he was led to shame and publicly mocked since, riding on a donkey, he was paraded through the city proclaiming his crime and his grief and, at the same time, At the sight of all, the sentence was executed [ 34 ] .
Contextualization of the Tello case
There is no doubt that a gross error had been committed, an injustice with an innocent. How had this tragic end been reached, especially considering that Jato Tello received fifty lashes and his tongue was pierced by a nail? For a bunch of errors. In the first place, there had been a false or mistaken knowledge of the facts, that is, there had been no crime of blasphemy itself. Second, an error was made in determining the defendant's participation in the events. Third, the legislation on the probative value of judicial torture was ignored, that is, that the confession obtained under torture should have been confirmed after it to be considered valid and not overturned, as had occurred. Fourth, a procedural error was committed, since the sentence was executed, obviating the right of every defendant to appeal before a higher court. In short, a judicial error resulting from an accusation, conviction and execution of an innocent. But all this was the result of a prevaricating attitude on the part of the judge. The judicial prevarication supposes the pronouncement of an unjust sentence knowingly against the accused, although it can also be in favor. What provoked the prevarication of the ordinary mayor Juan Fernández de Paternina? The enmity manifests with Jato Tello, as alleged by his attorney and is recorded in the criminal record of the lawsuit: "without accuser and without making any process and without giving him place to say and plead his right and said that the whole process was done with enmity and malice [...] maliciously said that by taking revenge on him for enmity " . Even the mayor came to abuse his authority by selling off his assets to convert them into currency and be able to charge half of them according to the sentence, since his house, valued at about 30,000 maravedis, was auctioned off at the ridiculous amount of 4,000 maravedis The apparent enmity between Juan Fernández de Paternina and Jato Tello was not an isolated issue that affected only those two people, including their families and relatives, but was explained within a broader context that confronted the Christian and Jewish communities of Vitoria, whose peaceful coexistence was broken in the last quarter of the fifteenth century. Recall that only seven years after Tello suffered the tribulations indicated, the Jews of the crowns of Castile and Aragon were expelled. Even the mayor came to abuse his authority by selling off his assets to convert them into currency and be able to charge half of them according to the sentence, since his house, valued at about 30,000 maravedis, was auctioned off at the ridiculous amount of 4,000 maravedis The apparent enmity between Juan Fernández de Paternina and Jato Tello was not an isolated issue that affected only those two people, including their families and relatives, but was explained within a broader context that confronted the Christian and Jewish communities of Vitoria, whose peaceful coexistence was broken in the last quarter of the fifteenth century. Recall that only seven years after Tello suffered the tribulations indicated, the Jews of the crowns of Castile and Aragon were expelled. Even the mayor came to abuse his authority by selling off his assets to convert them into currency and be able to charge half of them according to the sentence, since his house, valued at about 30,000 maravedis, was auctioned off at the ridiculous amount of 4,000 maravedis The apparent enmity between Juan Fernández de Paternina and Jato Tello was not an isolated issue that affected only those two people, including their families and relatives, but was explained within a broader context that confronted the Christian and Jewish communities of Vitoria, whose peaceful coexistence was broken in the last quarter of the fifteenth century. Recall that only seven years after Tello suffered the tribulations indicated, the Jews of the crowns of Castile and Aragon were expelled.
Anti-Semitism was a deeply rooted feeling in society but, until the fourteenth century, it remained more on an intellectual level, without too many samples of practical expression. This prevention against the Jewish element was rooted in questions of an ideological, social and economic nature: the absence of a religious otherness, because Christians considered the faith of Moses inferior, the non-integration and mixing of Jews with the rest of society and their non-participation in the system of feudal relations, the criminalization of the Jew for being the deicidal people and for carrying out, according to what was thought, rites of black magic in which simulations of crucifixion were carried out and in which children were killed, those who drew their blood and heart [ 35 ], the practice of the loan with interest (usury), the collection of real rents or the performance of important positions in the court, as treasurer. Precisely, the conjunction of the late medieval crisis (famines, epidemics, mortality, bad harvests, economic recession, social tensions ...) with economic activities exercised by Jews and considered execrable (usury, revenue collection ...) , constituted an explosive cocktail, which degenerated into violent pogroms , as we shall see below, turning the Jewish community into the scapegoat .
Obviously, it tried to get the Jews out of the "mistake" that their religion implied, whether by hook or by crook. In this sense, the preaching of the Franciscans and Dominicans played an especially active role, contributing even more to the climate of marginalization and rejection of the Jews. San Vicente Ferrer traveled a good part of the Iberian Peninsula trying to Christianize them and, as he passed through Vitoria, he had a relative success, since he managed to convert four important families [ 36 ] . But in other cases the preaching was only the spark that ignited the fuse of a social outbreak against the Jews that ended in a pogrom. These are the cases of the incendiary sermons of the Franciscan of Estella Pedro de Ollogoyen and the assaults on the Jewish quarters of Navarra in 1328 [ 37 ] or those of the archdeacon of Écija Ferrán Martínez and the violence unleashed in Andalusia in 1391 [ 38 ] .
Focusing on the geographical framework of Vitoria, it seems, in the light of the documentation, that coexistence did not begin to break before the first quarter of the 15th century. The Jewish community of Vitoria has been profusely analyzed, from the classic studies of F. Cantera Burgos and E. Cantera Montenegro, to the most recent ones by E. García Fernández and C. González Mínguez, going through those made with more informative JR criteria. Díaz de Durana [ 39 ] .
In 1428 came into force a series of municipal ordinances that prescribed the use of colored signs identifying their condition, prohibited the performance of their offices on Christian holidays and on Sundays and Thursdays bought in the market before noon, demanded that they show respect at the passage of the Cross or Corpus Christi through the streets in the processions, viatical, etc ... However, it was more an anti-Semitism of normative than practical, promulgating legislation that circulated in the crown: "that they do not walk without red signs according to the ordinance of the above mentioned Mr. king ". However, from 1476 things changed radically, resulting in the social bankruptcy between both communities, Christian and Jewish. The coexistence would degenerate to the point of leading to persecutions, assaults of synagogues, violence, etc. The answer to the question of why, before 1476, anti-Semitism in Vitoria did not manifest itself so clearly is that, until then, it had remained latent and was overwhelmed by the conflict that confronted the Christians themselves, the aforementioned struggle of bands between Ayalas and Callejas for control of municipal power. Once this conflict was overcome, anti-Semitic animosity could be retaken and focused even more, in accordance with the general climate that was taking place throughout the crown. He had remained latent and was overwhelmed by the conflict that confronted the Christians themselves, the aforementioned struggle between Ayalas and Callejas for the control of municipal power. Once this conflict was overcome, anti-Semitic animosity could be retaken and focused even more, in accordance with the general climate that was taking place throughout the crown. He had remained latent and was overwhelmed by the conflict that confronted the Christians themselves, the aforementioned struggle between Ayalas and Callejas for the control of municipal power. Once this conflict was overcome, anti-Semitic animosity could be retaken and focused even more, in accordance with the general climate that was taking place throughout the crown.
And, indeed, it was. In the Eighties, the space of the Jewish quarter was physically isolated from the rest of the Christian city by the erection of a wall. In 1487 a series of segregationist municipal ordinances were compiled that had been dictated since the beginning of the eighties: those dictated in 1428 were renewed and new ones were added, such as the Jews could not bake their bread in Christian ovens; that in their stores they could not sell oil or candles to Christians, that they did not work on Christian holidays, that no Christian served the Jews on Saturdays (sabbath day), etc. They were also forbidden to practice as tailors, so they claimed the kings and won an order, dated July 1488, in which the guild of tailors of Vitoria was required so that it consented in the practice of the office. But things went from bad to worse, until the zenith was reached with the appearance of violence and the assault of the synagogue, forcing the Catholic Kings to take matters into their own hands and directly protect the Jewish community, as in their they did it with Jato Tello and his people: "... they were [the Jews] very mistreated by the neighbors and residents of the said city of Vitoria, stoning them and knocking them down the streets, where they walked unjustly and not properly, and telling them many menguas and disgraces without any cause, and even going by night in the Jewish quarter after the Jews are locked in their houses and break the windows with stones. And the worst thing was that it happened when the Jews were in their synagogue praying, the rapt Christians entered where the beans [?] were and spit and punched and kicked them, in such a way that the Jewish and Jewish sayings did not dare to be in their Jewry or They lived safe. In which everything says that they had received and received much injury and harm "(July 1488).
Finally, the decree of expulsion promulgated by the Catholic Monarchs at the request of the inquisitor Fray Tomás de Torquemada, of an ascendant convert, arrived. In the city, a process of systematic elimination of the previous Jewish presence was carried out: the Jewish quarter was renamed Nueva Street, those who remained and converted to Christianity were forced to change streets and to be distributed throughout the city, mingle with Christians and hinder relations between ancient Jews and Judaizing practices; the synagogue was expropriated and sold to an individual, his cemetery was left as a place of pasture, etc. Even the converts who remained suffered harassment. This is the case of the family of merchants Sánchez de Bilbao: in 1493 Juan Sánchez de Bilbao was murdered in the valley of Ayala (Álava) and his father,40 ].
In conclusion
The Jato Tello case is therefore part of the process of harassment to which the Jewish community of Vitoria was subjected at the end of the 15th century, as a consequence of applying the Christian authorities a policy of bankruptcy of coexistence that from the Church and the Corona was encouraged and that, in Castile, in front of other geopolitical areas, it was set in motion with some delay. Throughout the Middle Ages there were two moments of activation of an "internalized vision" of the enemies of Christian society, which made possible the creation of the theoretical framework and the relevant praxis for its persecution and eradication: the first corresponded with the centuries XI, XII and XIII [ 41 ]and the second with the period of transition from the Middle Ages to the Modern Age (ca. 1475-1525). Precisely in this second moment is when, in the case of the Crown of Castile, the coexistence between the Christian and Jewish communities was concluded [ 42 ] , at the same time that other enemies were envisaged that endangered the incipient pre-capitalist society . These enemies were, among others, the traditional tolerance of poverty and its corollary of problems (false poor, vagabonds and idlers) [ 43 ] , the amorality in behaviors (play, sexual relations, blasphemy, violence ...) [ 44] ] and the non-utilitarian or reeducation criminal law [45 ] .
Notes
[1] I. BAZÁN, "Juan Fernandez de Paternina versus Jato Tello (Vitoria, 1485): erreur judiciaire ou prévarication?", In Benoît GARNOT (dir.), L'erreur judiciaire. From Jeanne d'Arc à Roland Agret , Paris, Imago, 2004. We have proceeded to update the Spanish of the transcribed documents and that they are reproduced within the text; whereas, on the contrary, the documents transcribed in the notes maintain the old Castilian. [ Links ]
[2] Mª P. ALONSO ROMERO, The criminal process in Castilla. Centuries XIII-XVIII , Salamanca, 1982; J. LALINDE, Historical Initiation to Spanish Law , Barcelona, 1970, pp. 756-811. [ Links ] [ Links ]
[3] Book of the bulls and pragmatics of the Catholic Kings , Madrid, 1973, fol. LXXXIII. [ Links ]
[4] I. BAZÁN, Delinquency and criminality in the Basque Country in the transition from the Middle Ages to the Modern Age , Vitoria-Gasteiz, 1995, p. 477. [ Links ]
[5] C. HIDALGO DE CISNEROS et alii , Documentary Collection of the General Archive of the Señorío de Vizcaya , San Sebastián, 1986, pp. 222-223. [ Links ]
[6] I. BAZÁN, "La condition du témoin dans le droit castillan et navarrais médiéval", in B. GARNOT (dir.), Les témoins devant la justice. Une histoire des statuts et des comportements, Rennes, PUR, 2003, pp. 50-53. [ Links ]
[7] BAZÁN, Delinquency and criminality in the Basque Country ..., p. 484
[8] On this legal-police institution, with competences in depopulated essentially, the following works can be consulted: C. BARROS, Justice mentality of the irmandiños, century XV , Madrid, 1990; JM SÁNCHEZ BENITO, Santa Hermandad Vieja de Toledo, Talavera and Ciudad Real (XIII-XV centuries) , Toledo, 1987; IDEM, "Criminality in the time of the Catholic Kings, offenders persecuted by the Brotherhood", Medieval History Studies. Tribute to Luis Suárez Fernández , Valladolid, 1991; JM MENDOZA GARRIDO, Violence, delinquency and persecution in the Campo de Calatrava at the end of the Middle Ages, Ciudad Real, 1995; JM MÍNGUEZ, "The general brotherhoods of the councils in the Crown of Castile, objectives, internal structure and contradictions in their initial manifestations", in Councils and cities in the Spanish Middle Ages. II Congress of Medieval Studies , León, 1990; C. GONZÁLEZ MÍNGUEZ, "Approximation to the study of` hermandino movement 'in Castilla y León ", Medievalismo , 1 (1991) and 2 (1992). [ Links ] [ Links ] [ Links ] [ Links ] [ Links ]
[9] BAZÁN, "La condition du témoin dans le droit castillan et navarrais médiéval", p. 46
[10] Mª del C. CILLÁN-APALATEGUI; A. CILLÁN-APALATEGUI, "The criminal procedural law in the ordinances of Guetaria of 1397", Bulletin of the Real Sociedad Bascongada de Amigos del País , quad. 3-4 (1984), p. 880. [ Links ]
[11] BAZÁN, Delinquency and criminality in the Basque Country ..., p. 114
[12] G. MARTÍNEZ DÍEZ, "Judicial torture in Spanish historical legislation", Anuario de Historia del Derecho Español , 32 (1962); F. TOMÁS Y VALIENTE, Torture in Spain. Historical studies , Barcelona, 1973; ALONSO ROMERO, The criminal process in Castilla...; VII Departure of King Alfonso X the Wise, title XXX. [ Links ] [ Links ]
[13] General Archive of Simancas, General Register of the Seal, November 30, 1485, fol. 72
[14] A. ALCALÁ (ed.), Spanish Inquisition and Inquisitorial Mentality , Barcelona, 1984; J. CONTRERAS, The Holy Office of the Inquisition of Galicia: power, society and culture , Madrid, 1982; R. GARCÍA CÁRCEL, Origins of the Spanish Inquisition. The court of Valencia, 1478-1530 , Barcelona, 1976; H. KAMEN, The Spanish Inquisition , Madrid, 1974; VV.AA., The Inquisitors , Vitoria-Gasteiz, 1993. [ Links ] [ Links ] [ Links ] [ Links ] [ Links ]
[15] JL de VIDAURRAZAGA, Nobiliario alavés de Fray Juan de Victoria. XVI Century , Bilbao, 1975, p. 15. [ Links ]
[16] JR DÍAZ DE DURANA, "The fight of sides in Vitoria and its repercussions in the Council", in Vitoria in the Middle Ages , Vitoria-Gasteiz, 1982; JR DÍAZ DE DURANA, "The municipal reform of the Catholic Monarchs and the consolidation of the urban oligarchies: the vitoriano capitulado of 1476 and its extension by the northeast of the Crown of Castile", in the formation of Álava. 650 anniversary of the Pact of Arriaga (1332-1982) , Vitoria-Gasteiz, 1985. [ Links ] [ Links ]
[17] General Archive of Simancas, General Register of the Seal, March 22, 1485, November 19, 1485 and August 21, 1487.
[18] General Archive of Simancas, General Register of the Seal, February 28, 1489.
[19] E. CANTERA MONTENEGRO, The Jewish Quarters of the Diocese of Calahorra in the Late Middle Ages , Logroño, 1987, p. 221. [ Links ]
[20] Ibidem , p. 214.
[21] Municipal Archive of Vitoria, Municipal Acts, book 4, fol. 456 v.
[22] A study on the value of criminal executions for research on the history of medieval crime in I. BAZÁN, "The social history of mentalities and criminality", in C. BARROS (ed.), Historia a debate , Santiago de Compostela, 1995, t. 2. [ Links ]
[23] Archive of the Royal Chancery of Valladolid, Section Reales Ejecutorias, file 4, No. 15 SM A study of this criminal process in I. BAZÁN, "Social relations between the Christian and Jewish communities of Vitoria from judicial sources", Culture Science History. Thought , 6 (1993, 2nd time). [ Links ]
[24] In Vitoria, according to the compilation of its municipal ordinances carried out in 1487, the neighbors were required to accuse any person who said blasphemy: "Any person who, when that happens, [blasphemers] was present and knew and kept quiet and will not manifest it later to the justice that falls and incurs in the punishment of the said twenty-four maravedis "(BAZÁN, Delinquency and criminality ..., p.480).
[25]Jato recounted how Juan Fernandez de Paternina "ordered him to put and put to quest torment and gave him the strongest and terrible that could, fasta so much that dis with the great torments and so cruel that gave him fired desir confess quel renounced avia of Our Lord God, not seiendo that thing truth.And then, as I released him from the said torment, revoke the confession and dixera said that it would please God that such thing was true and then [...] syn and ntervalo some He would try to return to the said torment that he had aviated.he died and that the said mayor gave him a gift to him and by witnesses and witnesses for what he affirmed in what he had confessed and he said that before he prayed to God that such a thing would be true and then Dende to two oras the said mayor pronunçio sentence "(Archive of the Royal Chancery of Valladolid, Royal Executives, 15 SM).
[26] New compilation of laws of Spain , Madrid, 1805, vol. V, p. 317. [ Links ]
[27] BAZÁN, "Social relations between the Christian and Jewish communities ...", p. 40
[28] Buenaventura "ynterponia e ynpuso commo muger legitima de Juto [sic] Tello e commo joint person and commo his attorney as commo better could vn escripto de apelaçion in which among other things said that the remedy of the aggrieved was to appeal. That said Juto [sic] Tello, Jewish vesino of the bliss of Vitoria, syntiendose by aggrieved of the said Juan Fernandes de Paternina mayor hordinario of bliss çibdad e su juridiçion "(Archive of the Royal Chancery of Valladolid, Reales Ejecutorias, 15 SM ).
[29] "And we begged and asked by merçed that we send him on the basis of justification that everything happened before you as a scrivener." Therefore, we send you after you deliver to the said Jew or to his power to oui the procedure and abtos that above said before you step, sygnado of your sygno, çerrado and sealed in way that faga faith segund [broken] vos your just salary that for ayays of aver and non fagades endeal etc "(General File of Simancas, Register General of the Seal, 26-IX-1485, fol.75).
[30]What all dyz that fyzistes you for enmity that against the teniades and not keeping form nin horden of right. Of all the dyz that as anybody that I appeal that bos with the said enmity you ordered to execute against the said your sentencia and it was executed. In the degree of the said appeal was presented before us in the Our Council and we send ourselves Our public letter that the process was about to be brought before us was brought and is presented in the Our Council. And by the Jewish saying we were pleaded that since you transgressed in the saying your office and dyz that fyzistes it said badly [illegible] and knowingly by hatred and enmity against you, we begged that we should send presona before so that on it it would be fulfilled with justification.
[31]e for each vna dellas by pregonero and public notary public because everyone knows and none of them can not pretend and norançia. The date proclaimed, if any or some people are or will pass against the one that passes and against such and against each one of them the greater penal and creed penalties that fail by law and by right in which those who break insurance by letter and order of their king and king and natural lords because such punishment and other enxenplo that dare not faser such as nin the other vnos nin other non-fagades endeal etc. "(General Archive of Simancas, Registration General of the Seal, 2-XII-1485, fol. 154).
[32] F. TOMÁS Y VALIENTE, "The prison for debts in Castilian and Aragonese rights", Yearbook of History of Spanish Law , 30 (1961). [ Links ]
[33] Archive of the Royal Chancery of Valladolid, Reales Ejecutorias, 15 SM
[34] On the notions of injury and return of honor, BAZÁN, Delinquency and criminality ..., pp. 237-274 and 606-611; J. MARTÍN RODRÍGUEZ, Honor and insult in the Fuero de Vizcaya , Bilbao, 1973; M. MADERO, Violent hands, forbidden words. The injury in Castilla y León (XIII-XV centuries) , Madrid, 1992. [ Links ] [ Links ]
[35] There were many Jews condemned to the stake by virtue of this supposed ritual practice, as some Navarre examples of the years 1332 and 1352 show, I. BAZÁN, "The world of superstitions and the passage of sorcery to Witchcraft in Euskal Herria (XIII to XVI centuries) ", Vasconia. Notebooks of History-Geography of Eusko Ikaskuntza , 25 (1998), pp. 111-112. [ Links ]
[36] F. CANTERA BURGOS, "The medieval Jewish quarters in the Basque Country", Sefarad , 31 (1971), p. 295. [ Links ]
[37] J. GOÑI GAZTAMBIDE, "The Massacre of Jews in Navarre in 1328", Hispania Sacra , vol. XII, 23 (1959). [ Links ]
[38] P. LÓPEZ DE AYALA, Chronicles (ed. De JL Martín), Barcelona, 1991, p. 713. [ Links ]
[39] CANTERA BURGOS, op. cit. ; CANTERA MONTENEGRO, op. cit. ; E. GARCÍA FERNÁNDEZ, "Christians, Jews and Muslims in the Basque Communities: Beyond a clash between religions", in E. García Fernández (dir.), Religiosity and society in the Basque Country (XIV-XVI century) , Bilbao, 1994; C. GONZÁLEZ MÍNGUEZ, "On the marginalization of the Jews of the Basque Country in the Middle Ages: myth and reality", in C. González, I. Bazán and I. Reguera (eds.), Marginalization and social exclusion in the Basque Country , Bilbao, 1999; JR DÍAZ DE DURANA, "Jews and Christians in Vitoria during the Middle Ages", in The Jews , Vitoria-Gasteiz, 1992. [ Links ] [ Links ] [ Links ]
[40] JL de VIDAURRÁZAGA, "Los Sánchez de Bilbao in the Casa del Cordón, lineage of Jewish converts", Bulletin of the Institution Sancho el Sabio , 16 (1972). [ Links ]
[41] This first moment has been studied by RI MOORE in his classic work The Formation of a repressive society. Power and dissidence in Western Europe, 950-1250, Barcelona, Criticism, 1989 (1987). In this regard he says: "In these first two chapters we have seen how during the eleventh, twelfth and thirteenth centuries, Jews, heretics, lepers, male homosexuals and other groups were victims in different degrees of a rearrangement of the 'internalized version of the environment', He defined them more accurately than before and classified them as enemies of society, but it was not just a matter of definition, but in each case a myth was built, supported by any reality that could ground it, through an act of collective imagination. created a certain category -manic, Jewish, leper, sodomite, etc.- that could be identified as a source of social contamination and whose members could be excluded from Christian society and, as their enemies, be subjected to persecution, denunciation and interrogation, to the exclusion of the community, the deprivation of civil rights and the loss of property, of freedom and, sometimes, of life itself. All this was not a simple or unique process at all. It had before it a long and terrible history, with a fundamental period of development between the mid-fifteenth century and the middle of the seventeenth and another, it hardly needs to be added, in the twentieth. In short, it became a part of the character of European society, and something that began in the 11th and 12th centuries with the persecution of heretics, Jews and lepers. The question we must address now is: why? What social convenience dictated this rearrangement of categories? What need was the mother of this singularly durable and adaptable invention? ", Pp. 119-120. to the exclusion of the community, the deprivation of civil rights and the loss of property, of freedom and, sometimes, of life itself. All this was not a simple or unique process at all. It had before it a long and terrible history, with a fundamental period of development between the mid-fifteenth century and the middle of the seventeenth and another, it hardly needs to be added, in the twentieth. In short, it became a part of the character of European society, and something that began in the 11th and 12th centuries with the persecution of heretics, Jews and lepers. The question we must address now is: why? What social convenience dictated this rearrangement of categories? What need was the mother of this singularly durable and adaptable invention? ", Pp. 119-120. to the exclusion of the community, the deprivation of civil rights and the loss of property, of freedom and, sometimes, of life itself. All this was not a simple or unique process at all. It had before it a long and terrible history, with a fundamental period of development between the mid-fifteenth century and the middle of the seventeenth and another, it hardly needs to be added, in the twentieth. In short, it became a part of the character of European society, and something that began in the 11th and 12th centuries with the persecution of heretics, Jews and lepers. The question we must address now is: why? What social convenience dictated this rearrangement of categories? What need was the mother of this singularly durable and adaptable invention? ", Pp. 119-120. of freedom and, sometimes, of life itself. All this was not a simple or unique process at all. It had before it a long and terrible history, with a fundamental period of development between the mid-fifteenth century and the middle of the seventeenth and another, it hardly needs to be added, in the twentieth. In short, it became a part of the character of European society, and something that began in the 11th and 12th centuries with the persecution of heretics, Jews and lepers. The question we must address now is: why? What social convenience dictated this rearrangement of categories? What need was the mother of this singularly durable and adaptable invention? ", Pp. 119-120. of freedom and, sometimes, of life itself. All this was not a simple or unique process at all. It had before it a long and terrible history, with a fundamental period of development between the mid-fifteenth century and the middle of the seventeenth and another, it hardly needs to be added, in the twentieth. In short, it became a part of the character of European society, and something that began in the 11th and 12th centuries with the persecution of heretics, Jews and lepers. The question we must address now is: why? What social convenience dictated this rearrangement of categories? What need was the mother of this singularly durable and adaptable invention? ", Pp. 119-120. with a fundamental period of development between the mid-fifteenth and mid-seventeenth centuries and another, it hardly needs to be added, in the twentieth. In short, it became a part of the character of European society, and something that began in the 11th and 12th centuries with the persecution of heretics, Jews and lepers. The question we must address now is: why? What social convenience dictated this rearrangement of categories? What need was the mother of this singularly durable and adaptable invention? ", Pp. 119-120. with a fundamental period of development between the mid-fifteenth and mid-seventeenth centuries and another, it hardly needs to be added, in the twentieth. In short, it became a part of the character of European society, and something that began in the 11th and 12th centuries with the persecution of heretics, Jews and lepers. The question we must address now is: why? What social convenience dictated this rearrangement of categories? What need was the mother of this singularly durable and adaptable invention? ", Pp. 119-120. why? What social convenience dictated this rearrangement of categories? What need was the mother of this singularly durable and adaptable invention? ", Pp. 119-120. why? What social convenience dictated this rearrangement of categories? What need was the mother of this singularly durable and adaptable invention? ", Pp. 119-120. [ Links ]
[42] Phenomenon inserted in a process of religious unity driven from the crown and repression of dissent by the tribunal of the Inquisition, as well as search for the inner peace of the kingdom, subjecting the nobility levantisca.
[43] B. GEREMEK, Pity and the gallows. History of misery and charity in Europe , Madrid, Alianza, 1989 (1986). [ Links ]
[44] Some considerations in this regard, for what the Basque case refers to in I. BAZÁN, "The criminalization of everyday life, Articulation of public order and social control of behavior", in JM Imizcoz (ed.), The daily life in Vitoria in the Modern and Contemporary Age , San Sebastián, Txertoa, 1995; IDEM, "The medieval Basque civilization: daily life (s), mentality (s) and culture (s)", International Journal of Basque Studies , 46-1 (2001); IDEM, "The characterization of the medieval Basque civilization (XII-XV centuries)", in P. Barruso and JA Lema (coords.), History of the Basque Country. Middle Ages (V-XV centuries) , San Sebastián, Hiria, 2004. General approaches in N. ELIAS,The process of civilization. Sociogenetic and psychogenetic research , Madrid, 1989 (1977) and R. MUCHEMBLED, L'invention de l'homme moderne. Culture et sensibilités en France du XVe au XVIIIe siècle , Paris, Fayard, 1988. [ Links ] [ Links ] [ Links ]
[45] M. FOUCAULT, Watch and Punish , Madrid, Siglo XXI, 1990 (1975). [ Links ]
16th February 2020
Teglio Cousins who died in the Holocaust
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