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A56206 A short demurrer to the Jewes long discontinued barred remitter into England Comprising an exact chronological relation of their first admission into, their ill deportment, misdemeanors, condition, sufferings, oppressions, slaughters, plunders, by popular insurrections, and regal exactions in; and their total, final banishment by judgment and edict of Parliament, out of England, never to return again: collected out of the best historians and records. With a brief collection of such English laws, Scriptures, reasons as seem strongly to plead, and conclude against their readmission into England, especially at this season, and against the general calling of the Jewish nation. With an answer to the chief allegations for their introduction. / By William Prynne Esq; a bencher of Lincolnes-Inne.; Short demurrer to the Jewes long discontinued remitter into England. Part 1. Prynne, William, 1600-1669. 1656 (1656) Wing P4079; ESTC R205682 263,888 373

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care and cost as the richest Pearls Treasures and Jewels of the Nation To which I answer● 1. That all our wisest Kings Parliaments Ancestors Statesmen in former ages had ever a special care to record all businesses of publike or private ocncernment and to preserve our ancient Records as the choicest Treasures appointing special Treasu●ies places to preserve them in and Custodes R●tulorum Treasurers Chamberlains Registers Clerks to keep them safe from injury corrupting and embe●●l●ing and enacting many Statutes for this purpose wi●ne●●e not only the Chests Cyrographers Officers and o●hers forementioned for keeping the Records and Charte●s of the Jews and their Rolls but also 13 E. 1. c. 25.30 1 E. 3. c. 4. 5 E. 3. c. 12. 9 E. 3. c. 5. 6 R 2. c. 4. 13 H. 4. c. 7. 2 H. 5. c. 8. 4 H. 6. c. 3. 8 H. 6. c. 12.15 10 H. 6. c. 4. 18 H. 6. c. 1.9 27 H. 8. c. 16. 32 H. 8. c. 28. 34 H. 8. c. 22.28 37 H. 8. c. 1. 2 E. 6. c. 10.3 4 E. 6. c. 1.1 2 Phil. Mar. c. 2. 23 Eliz. c. 3. 27 Eliz. c. 9. 31 Eliz. c. 3. 1 Jac. c. 6. with other Acts And must they now after all these Statutes be all ma●e a burnt-offring unto Vulcan upon the crack-brain'd Motion of an Ignatian Incendiary 2. The Statute of 8 H. 6. c. 12. still in force O●dai●s That if any Record or parcel of the same writ retori● pa●el proces or warrant of Attorney in the Ki●gs Cou●ts of Chancery Eschequer the one Bench or other or in his Treasury be willingly stolen taken away withdrawn or avoided by any Clerk or other Person by cause whereof any judgement be reve●sed 〈…〉 ●al●r taker away wi●hdr●●● 〈◊〉 and avoider their Procurers Counsellors and Abettors being thereof ina●●ted and by process the●eupon 〈◊〉 thereof duly convict by their own confession or by enquest to be taken by legal men whereof the one half shall be of the men of some Court of the same Courts and the other hal● of ●●her shall be judged for Felons and shall incurre the pain of Felons And that the Iudg●s of the sai●●our●●● of the one Bench and of the other have power to hear and det●rmine such defaults before them and thereo● to m●ke due puni●hment as is aforesaid And now Hugh Peters if I may be thy Counsel●or in sober sadnesse look to thy neck which as thou hast oft indangered forfeited by thy late Fire-works to blow up Kings Kingdoms Parliaments Lords our old fundamental Lawes Liberties Government as Straffords Canterburies late Impeachments Sentences with Mr. St. Iohns and others Arguments at their Atta●nd●rs will resolve thee and thy open treasonable advising abetting the seising imprisoning of my self and above 40 more Members of Parliament in Hell on the bare boards Decemb. 6. 1648. whose names thou didst then list with an iron Sword under thy arme instead of the Sword of the Spirit So this thy Iesuitical Project to burn all our old Records whereby all former Judgement Titles Fines Recoveries c. will be nulled reversed which thou publickly abettest counsellest thy Magistrate to effect in Print proclaimes thee by thine own Confession without other evidence a Notorious Felon within this Act in the highest degree The burning avoiding of all our Records in general being a more transcendent Felony yea Treason to the whole Kingdom Nation than the embezelling only of one or two private Records or Writs relating but to one private person And if ever thou be brought to a legal Trial for it before such a Iury and such Iudges as this Act prescribes thou art sure to undergoe a Halter-Martyrdome at Tyburne which all will cry up according to thy Pamphlets Title for A good work of a good Magistrate and a short cut to great quiet for thy devoting all our old Records to a fiery Martyrdom in Smithfield which I trust they shall never undergo And that upon these en●uing weighty Considerations First the●e old Records which he would have burnt contain in them all the antient Rights Titles Evidences Charters Agreements Leagues Compacts of the Kings Kingdom Nation and people of England to all their pristine and present Dominions Jurisdictions Prerogatives Preheminences Priviledges Hereditaments and enjoyments both at home and abroad by Land and by Sea as they are a Kingdom Nation Republike body Politick in general and that both in relation to themselves and their own intrinsecal affairs at home as they have been owned reputed negotiated treated with upon special occasions as a Kingdom Nation Republike by any forraign Kings Princes Kingdoms States whose ancient undoubted Rights Titles to all or any of our Dominions Territories Jurisdictions Royalties cannot otherwise be legally c●eared judicially evidenced upon any emergenr occasion or controversie between our Kingdom Nation and other Forraign States and Realms or between our selves at home but by our old Records the only publike evidences of the whole Kingdom and English Nation as necessary to defend maintain justifie their common publick Rights Dominions Possessions Jurisdictions Claims priviledges upon all occasions as any private Noble or Gentlemans ancient Charters Records Writings are to defend manifest his right and Title to his private Inheritance and Injoyments witnesse the famous Letter of the King Parliament and Nobles of England written and sent to the Pope Anno 1302. to clear the subordination of Scotland to the Crown of England and the Homage of the Kings of Scotland made for their kingdom to the Kings of England as their superiour Lords from time to time manifested by the ancient Histories and Records of England beyond all contradiction Mr. Selden his Mare Clausum proving the Dominion and Jurisdiction of the Kings of England o●er the Narrow Seas by Records and Sir Robert Cottons Posthuma Therefore it must necessarily be as bad and mad a worke for a bad and mad Magistrate to burn all the publick Evidences and Records of the whole Kingdom and Na●ion upon the frantick motion of a Bedlam in this particular as for a Great landed Nobleman to burre all the old Charters Evidences of his Lands and Honors or for a rich Usurer to burn all his Bonds and Morgages which all wise men will repute an act of Frenzy and Hugh Peters too in his right senses 2. They contein in them all the great publike Charters Contracts Agreements Leagues formerly granted or made by the Kings of England to or with the Prelates Earles Barons Freemen Commons of England Ireland Scotland Wales Gernsey Iersy Man and all other Isles and Dominions belonging to the Crown of England in general all Charters Patents Grants Contracts Writs Releases Gifts Pardons Offices Honors Liberties Franchises Customs Priviledges Faires Markets Inheritances Rents Revenues Licences compositions formerly granted by our Kings to the respective Counties Cities Towns Burroughs Villages Hundreds Arch-bishops Bishops Deans Chapters Prebends Abbies Priories Nunneri●s Colledges Hospitals Free-schools Universities great Officers Chancellors Generals Admirals Marshals
suspected And some affirmed that the Lord had wrought miracles for the child And because it was found that the Iews at other times had perpetrated such wickedness and the holy bodies crucified had been solemnly received in the Church and likewise to have shined brightly with miracles although the prints of the 5 wounds appeared not in the hands and feet side of the said corps yet the Canons of St. Paul took it violently away and solemnly buried it in their Church not far from the great Altar The same year 1241. The Barons in Parliament ordered That there should be one Justice at the least appointed for the Jews by the nomination of the Parliament In the year of our Lord 1250. King Henry the 3d. burning with a covetous desire commanded money to be extorted from the Jews without all mercy so as they might seem to be altogether and irrecoverably impoverished exacting what monies soever they had in their chests Notwithstanding although they were miserable yet they were pittied by none because they were often proved and convicted to have been counterfeiters as well of monies as of seals And to passe by the monies of others we shall only mention one that their malice may the more appear to them There was a certain rich Jew having his abode and house at Berkamstede and Wallingford Abraham in name not in faith who was very dear to Earl Richard who had a very beautifull wife and faithful to him named Flora. This Jew that he might accumulate more disgrace to Christ caused the Image of the Virgin Mary decently carved and painted as the manner is holding her Sonne in her bosom This Image the Jew placed in his house of Office and which is a great shame and ignomy to expresse blaspheming the Image it self as if it had been the very Virgin her self threw his most filthy and not to be named excrements upon her days any nights and commanded his wife to do the like Which when his wife saw after some days she grieved at it by reason of the Sex and passing by secretly wiped off the filth from the face of the Image most filthily defiled Which when the Jew here husband had fully found out he therefore privily and impiously strangled the woman her self though his wife But when these wicked deeds were discovered and made apparent and proved by his conviction although other causes of death were not wanting he was thrust into the most loathsome Castle of the Tower of London Whence to get his freedom he most certainly promised That he would prove all the Jews of England to have been most w●cked Traitors And when as he was greatly accused almost by all the Jews of England and they endeavoured to put him to death Earl Richard interceded for him Whereupon the Jews grievously accusing him both of the clipping of money and other wickednesses offered Earl Richard a thousand marks if he would no● protect him which notwithstanding the Earl refused because he was called his Jew This Jew Abraham therefore gave the King 700 marks that he might be freed from perpetual imprisonment to which he was adjudged the Earl assisting him therein The King thereupon at the same time sent the Justices of the Jews throughout all England to search out all their mony both in Debts and Possessions and with them a certain most wicked and mercilesse Jew that he might wickedly and falsly accuse all the rest against the truth who verily reprehended the Christians pittying and weeping over the affliction of the Jews and called the Kings Bayliffs luke-warm and effeminate and gnashing with his teeth over every Jew affirmed with many great Oathes that they could give twice as much more to the King then what they had given although he most wickedly lyed against his own head This Jew that he might more effectually hurt the rest revealed all their secrets dayly to the Kings Christian Exactors In the mean time the King ceased not to scrape money together from all hands but principally from the Jews so tha● from one Jew alone born and living in York called Aaron because he was convicted of falsifying a Charter as was reported he extorted 14000 marks and 10000 marks of gold for the Queens use for a little times respite that he might not languish in prison All which sums being paid it was found that this Aaron had paid to the King since hi● return from foreign parts 30000 marks of silver and two hundred marks of gold to the Queen as the said Aaron upon the attestation of his honour and faith averred to Matthew Paris who records it Yet notwithstanding although the Jews might be pittied yet were they pittied by no man seeing they were corrupters and counterfeiters of the Kings money and of charters and manifestly and frequently proved condemned and reprobated as such King Henry Anno 1251. Decreed to destroy all the Jews in his Kingdom but some of his Counsellors disswaded him from it and that they should rather be left as Vagabonds like Cain that their misery by this means might be set before the eyes of men in all ages Whereupon the Kings mind was mitigated and his Decree abolished Notwithstanding he seriously prohibited them the eating of flesh in Lent and on Fridays Ph●lip Luuel Clerk called to the service of the King and deputed to the custody of the Jews Anno 1251. was grievously accused before the King his adversaries affirming that when he and Nicholas of St. Albans Clerk were sent towards the Northern parts to tax and squeeze the Jews he privily received most precious Vessels from a certain Jew that he might spare him in his Tallage to the King and that he likewise took secret gifts from others that he might spare them and that he opprest these Jews notwithstanding to the dammage of the King and the violation of his Faith Whereupon the King being very angry commanded Philip himself to be unworthily handled until he should satisfie him for this great transgression Philip hereupon a crafty and circumspect man humbly craved advice and assistance from the Lord John Mansel the Kings Prime Counsellor concerning his great tribulation because he had promoted him to the Kings service who effectually procured that he recovered the kings favor giving him a great summe of money for it a thousand marks as was reported Yet notwithstanding he was removed from his Office and not a little disgraced It seems the kings Officers could fleece the Jews in that age by secret Bribes and Gifts as well as himself by intollerable Exactions King Henry the III. to satisfie the Popes desire in taking a Voyage to the Holy Land Anno 1252. extorted from the Jews whatsoever those miserable wretches might seem to have not only by scraping or excoriating but even by unbowelling them Being also an Hydropical thirster after gold he so greedily sucked talents or Bullion or Jewels as well from Christians as Jews that a new Crassus might seem to be raised from
King Henry the 3 his long and tedious reign relating to the Jews and their affairs pretermitting some few only of lesse moment and private concerment in some of the Fine Clause and Patent Rolls where those who are not fully satisfied with these already recited may glean them at their leasures I now proceed to the Records in the reigne of King Edward the first omitting all passages of the Jewes in the Fine Rolls of his reign as of lesse moment seeing the Patent and Clause Rolls afford us much plenty and variety of matter concerning our English Jews affairs their final banishment out of England and sale of their houses eascheated by their exile which Records were never yet published to the world in print and are unknown to most men King Henry the 3 deceasing and his Son Edward the 1 succeeding him Anno 1272. thereupon he constituted Hamon Hattayn and Robert de Ludham Justices for the custody of his Jews commanding the Treasurer and the Barons of the Exchequer to deliver to them the keys of the Jews Chests together with the Rolls Writs and other things belonging to the Jews as they had formerly done to other Justices by this Writ Quia Rex constituit Hamonem Haittayn et Robernum de Ludham Justiciarios suos ad custodiam Judaeorum suorum Mandatum est Thesaurario et Baronibus de Scaccario quod eisdem Hamoni Roberto claves Archarum Judaismi una cum Rotulis Brevibus et omnibus aliis Judaismum illud contingentibus liberent prout aliis Justiciariis ibidem prius consuevit Dat. per manum W. de Merton Cancellar apud Westm 27 die Ianuarii These new Justices were constituted not above 5 weeks after Kings Henries death and they were as all their Predecessors in that Office first instituted by King Rich. the 1 Anno 1194. Iusticiarii sui ad custodiam Iudaeorum suorum to shew that the Jews were nothing else but the Kings own VVards and Villaines and under his custody and protection only as such to tax and plunder them at his pleasure as his Father and Grandfather had done before him It appears by the Liberate of 1 E. 1. m. 1. 2. that the King allowed 20 marks a year to these Justices of the Jews for their Salary And the custody of the Rolls and writs of the Jews were committed this year to William Middleton as is evident by this Record Cum Rex commiserit Willielm de Middleton Rotulos brevia Iudaismi sui quae sunt in custodia Thesauri Baronum Scaccarii custodiend quamdiu Domino Regi placuerit Mandatum est eisdem Thesaurario et Baronibus quod eidem Will. Rotulos Brevia liberent sicut praedictum est The same year this King in the beginning of his reign caused his peace and protection to be publikely proclaimed as well to all the Jews as others within England and other his Dominions as this record recites for the Jews in B●uges in Flanders Rex Vicecomiti Mall salutem Cum nuper pacem nostram per totum Regnum nostrum publicè proclama●i fecimus ●et eam omnibus et singulis de regno nostro tam Iudaeis quam Christianis observari praecepimus praecipimus quod Iudaei nostri de Bruges in Balliva tua manuteneas defendas ita quod eis pax nostra prout ejus per totum regnum nostrum proclamari fecimus inviolabiliter observetur Et non exigas vel exigi permittas ab eisdem redemptiones vei alias extorsiones ad opus nostrum vel alicujus alterias nisi quatenus ad debita nostra seu Domini Henrici Regis patris nostri seu Tallagia aut alia ad quae de jure tenentur ab eis levanda de nostro aut ejusdem Domini Henr. patris nostri mandato Warrantum habueris Datum c. apud Westm 15 die Iunii Yet notwithstanding this protection and peace granted them by the King the very same year the King grants out this Writ to search all their Chests to enroll and certifie him of all their debts and estates that he might tax them all proportionably at his pleasure as he did soon after Rex dilecto fideli suo Thomae de Espernon salutem Quia de debitis in Archa Cirogtafforum Winton Oxon. Ma●leberg Wilton contentis volumus certiorari vobis mandamus quod ad certum diem quem ad hoc provideritis ad Archas praedictas accedatis easdem per visum Cirograf Archarum praedictarum tam Christianorum quam Judaeorum aperiatis et omnia debita in eisdem contenta diligenter scrutari et inrotulari faciatis Mandamus enim Cirograffariis nostris Archarum praedictar quod ad certum diem quem eis scire faciatis ad hoc faciendum vobis assistant et intendant In cujus c. Dat. c. apud Westm 20 die Feb. Conami●es Lite●ae diriguntur Hamoni Hatayn de debitis in Archa Cirograf Northampt. Nottingh Ebor. Lincol. St●inf conrents Item Consimiles Literae diriguntur Ade de Winton de debitis in Arca Cirograf Judaeorum Bristoll Oxon Gloucest Wigorn. Hereford et Warw. contentis Item consimiles Literae diriguntur Roberto de Ludham super hujusmodi debitis contentis in Archis Cirograff Judaeorum Bedef Cantebr Colecester et Sudbury In all which Cities and Towns the Jews then inhabited and had common chests wherein their Debts and Morgages were reserved Also according to the former Custome of the Jews in England not to remove into any town where they did not anciently inhabit he sent this Writ to the Barons and Bailiffs of Winchelse to remove some Jews thence who had taken up their habitation there without his special license Rex Baronibus Ballivis suis de Winchelse salutem Quia secundum consuetudinem Iudaeismi nostri Angliae in aliis Civitatibus Burgis aut Villis habitare vel morari non debent quam in illis in quibus antiquitus habitare consueverunt morari quidam Iudaei ut intelleximus villam nostram de Winchelse sunt ingressi eam inhabitent in quam nullus Iudaeus aliquibus retroactis temporibus habitare consuevit vel morari Vobis mandamus quod si verum est tunc Iudaeos ab eadem villa absque damno de corporibus seu rebus suis eis faciend sine damno faciatis amoveri Dat. apud Westm 18 die Iunii This King that he might not seem altogether unjust granted forth a Writ to the Sheriff of Oxford in behalf of one Lumbard a Jew of Oxford taken and imprisoned for a fine of fifty marks imposed on one Lumbard a Jew of Bristol for a Trespasse against the Kings Exchange ordering him to be bailed and the mistake examined Rex Vicecom Oxon. salutem Ostensum est nobis ex parte Lumbardi de Krikelad Judaei nostri Oxoniae quod quum quidam Lumbardus Judaeus Bristol amerciatus esset coram Justiciariis Domini Henr. Regis patris nostri ad custodiam Judaeorum
Devil or the manifestly damned we are not to hope nor pray because there is no hope of them for death and a definitive sentence at once irrevocably intangle them Neither could this answer excuse the Minors for although they were not guilty yet the scandal did defame them The common people now hath withdrawn their hands that they doe not benefit them with their alms as heretofore and the Londoners devotion is grown cold towards the Minorites For procuring these condemned Jews life and liberty whose money it seemeth could even corrupt these very self-denying Popish Saints who had renounced the world in habit but not in heart All the Prelates of England in the year 1257. drew up certain Articles in writing concerning their liberties which they intended to present to the King and Nobles to be ratified by them in Parliament in due season wherein they complain Artic. 32 33. That when as the Iews are convicted before the Ecclesiastical Iudges for delinquency against an Ecclesiastical person or for Ecclesiastical things or for sacriledge or for laying violent hands upon a Clerk or for adultery with a Christian woman the conusans of the cause is hindered by the Kings prohibition because it alleageth that they have their proper Judge the Sheriff of the place and their proper delegated Iudges who may and ought to have conusance of these things And yet if they be convented by a Clergy-man or Lay-man before them for such things upon the denial thereof by the person alone by the simple assertion of another Iew and of one Christian without the administring of an Oath they purge themselves the proof of the prosecutor being utterly rejected Item If Communion be denied to them by the Church because they bear not their Table or sign or because they retain Christian Nurses against the Precepts of the Church or if they be excommunicated for some other excesses the Bailiffs or Officers of the King communicating with them command on the behalf of our Lord the King himself that they be not avoided by any and cause them to be admitted and received to Communion Against which grievances in derogation of Ecclesiastical Jurisdiction the Bishops then thus provided And because in like manner the Office of the Prelates is hindred when as it happens a Iew offending against Ecclesiastical things and persons shall be convented for these things before them and for other things which appertain to their Ecclesiastical Court of meer right We provide that the Iew notwithstanding shall be compelled to aswer in these cases by the interdict of commerce contracts and Communion of the faithfull likewise the inhibiters hinderers and distrainers shall incurre the punishments of interdiction and excommunication In the year of Christ 1259. On the Feast of Christs Nativity a certain creature Elias a Jew of London whose Sirname was Bishop fearing danger and manifest damnation to himself fled to the laver of defence and salvation and was new-born in the Spirit for being cleansed with wholesom Baptism two others also accompanying him he was del●vered out of the lot of the Devil and saved from the revenge of the most wicked crime heretofore committed by h●m For it was said that in his house that poysonous drink was made which had proved mortal and perillous to many Nobles of England poysoned therewith by the Jews which even he himself as was reported well confessed But then he was a Devil but now throughly changed and a Christian and as the condition so the operation is changed As Mathew Paris Ironically writes of them A certain Iew in the year 1260. fell into a Privy at Teuxsbury but because it was then the Sabbath he would not suffer himself to be pulled out except on the following Lords day for the reverence of his Sabbath Wherefore Richard de Clare Earl of Glocester commanded him in reverence of the Lords Day to be kept there till Munday at which time he was found dead of the stink or hunger The Barons of England Anno 1262. robbed and slew the Jews in all places There were slain of them in London to the number of 700. the rest were spoiled and their Synagogues defaced The original occasion of which massacre was because one Jew had wounded a Christian man in London in Cole-church and would have enforced him to have paid more then two pence for the Usury of 20 s. for one week In the year 1264 in the Passion week the Jews that inhabited the City of London being detected of treason which they devised against the Barons and Citizens were slain almost all the whole number of them and great riches found in their houses which were taken and carried away by those that ransacked the same houses The dis-inherited Barons and Gentlemen in the Isle of Oxholm in the year 1266. took and sacked the City of Lincoln spoiled the Jews and slew many of them entred into their Synagogue and burnt the book of their Law with all their Charters and Obligations Anno 1275. the 3. of King Edward the 1. his reign the Statute De Iudaismo was made not in the 18 E. 1. as Sir Edward Cooke most grosly and confidently mistakes in his commentary thereon To clear which I desire the Reader to take notice that this Statute is not now extant on record all the Parliamentary Rolls before 5 E. 2. the first extant with sundry others since that time being utterly lost through the iniquity injury or carelesness of the times and some Pleas only in the Parliaments of King Edward the 1. extant in a Parchment Book in the Tower but no Acts nor Rolls of Parliament during his reign except such as are elsewhere extant on the backs of some clause Rolls or Patents or in the Red Book of the Exchequer as some few of them only are or in our Manuscript or printed Statutes This Statute de Iudaismo was first printed in French by Richard Totel in his Magna Charta Anno 1556. part 2. f 58 59. with this Title Statuta Ed. primi de Iudaismo with out mention of any year of his reign wherein it was made not extant in the Manuscript copies out of which he printed them and the first Statute of them is also printed in Iustice Rastall his Abridgement and Collection of Statutes Title Usury sect 2. without any date for which he renders this reason in his Elenchus Parliamentorum at the end of his Abridgement Tempus Ed. 1. Ceux Statutes auxi come semble fueront faits in temps E. 1. mais LA CERTAINTIE DES ANS JEO NE TROVE UNCORE for lack of skill in our Histories which too many Lawyers want He mentions 5. Statutes in his reign of this Nature whereof DE JUDAISMO De terris tenementis non amortisandis made in 3 E. 1. as Walsingham Hist Angl. p. 5. Ypodigma Neustriae p. 68. Holinshed Speed and others affirm and Henricus de Knyghton de Eventib. Angliae l. 3. c. 1. col 2462. and De