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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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their goods moveables or immoveables And that they shall not be impleaded sued nor challenged in any Court but in the Kings Court wheresoever they are 7. And that none of them shall be obedient respondent nor render rent but to the King and his Bayliffs in his name if it be not of their houses which they now hold rendering rent saving the right of holy Church 8. And the King grants them that they shall live of their lawfull merchandizes and by their labour and that they shall converse with the Christians for lawfull merchandizing in selling and in buying But yet that by this privilege nor any other they shall not be levant rising or couchant lying down amongst them And the King will not that by reason of their merchandize that they should be in lots nor scots nor Tallage with those of the Cities or Burroughs where they remain seeing they are tailable to the King as his own Vassals and to none other 9. Moreover the King grants them that they may buy houses and curtelages in the Cities or Burroughs where they reside so as they hold them in chief of the King saving to the Lords the Services due and accustomed 10. And that they may take Lands to farm for term of ten years or under without taking homages or fealties or such manner of service of a Christian and without having advowson of holy Church for to support their life in the world if they know not how to merchandize or be unable to labour And this power for to take Lands to farm shall not endure to them but 15 years from this time forth to come By these Laws this politick King to please his English Christian Subjects abridged many of the Jews former priviledges and put many new restraints upon them And yet on the other hand to gratifie the Jews who gave him more monies than the English he takes them all into his special protection prohibits all violence to their persons or estates and grants them some petty priviledges for the present which seemed to content them and made for his owne advantage more than theirs Rot. Clause● E. 1. in the Tower rot 8. I find that one who was bound to Gamilel● a Jew and had lands afterwards acknowledged himself a Villain whereupon a writ then issued to inquire what lands he had at the time of the making of the bonds and to extend them JUXTA STATUTA JUDAISMI And claus 4 E. 1. rot 11. there is this recital made of this very Statute of Judaism Cum secundum Assisam ET STATUTUM JUDAISMI NOSTRI Judaei nostri in part● ne habere DEBEANT à Christianis creditoribus MEDIETATEM terrarum reddituum et Catallorum ipsorum quousque debita sua perciperent c. execution awarded in the case of a Jew according to the 2 clause of this Statute Therefore it is most certain it was not made in 18 E. 1. which was 14 years after these two records reciting it both by name and words but in 3 E. 1. the very next year before these records the end for which I here insert them In the 7th year of King Edward the 1. Anno Dom. 1278. as some or 1279. as others compute it the King held a Parliament at London which was chiefly called for the reformation of his coyn which was then sore clipped by reason whereof it was much diminished and impaired In the time of this Parliament in the moneth of November all the Jews throughout England as Matthew Westminster or many of the Jews in London and other parts of the Realm were apprehended in one day and imprisoned in London for clipping of money and in December following divers Enquests were charged in London to enquire of the said Jews and all others who had so blemished and clipped the Kings coyn By which Enquests the Jews of the City with the Gold-smiths that kept exchanges of silver were indicted And shortly after Candelmas the Mayor and Justices of the Land sat at London where before them was cast 297 persons for clipping of the which 3 only were Englishmen and all the other were Jews born either within this Realm or elsewhere but most of them English Jews who were all of them at sundry places and times put to execution in London who impeached the chief men of London and very many Christians who consented to their wickednesses After which a very great multitude of Jews were hanged in other Cities of England for the same offence Hereupon in the Patent Rolls of 7 8 and 9 Edw. 1. in the Tower I find sundry grants of the Jews Houses and Lands in London Yorke and Northampton made by the King to several persons as escheated to him by those executed Jewish offenders Anno 1279. The Jews of Northampton crucified a Christian boy but did not thoroughly kill him upon Good-Friday for the which fact many of the Jews at London after Easter were drawn at Horses tails and hanged In the year of our Lord 1282. John Peckham Arch-bishop of Canterbury sent an expresse precept and command to the Bishop of London to suppresse and destroy all the Synagogues of the Jews within his Diocesse On May 2. Anno 1287. All the Jews of England were apprehended by the Kings precept for what cause was not known who ransomed themselves for 12000l of silver They had then a Synagogue at Canterbury Fabian writes that the Jews of England were sessed at great sums of mony perchance the cause of their seisure which they paid unto the King But of other Authors it is said That the Commons of England then granted to the King the fifth part of their moveables for to have the Iews banished out of the Land For which cause the said Jews for to put the Commons from their purposes gave of their free wills great sums of money to the King which saying appeareth to be true for that the said Jews were exiled within few years after with whom Grafton and Holinshed accord A strong evidence of the potency of Jewish money over-powring the whole Commons of England in Parliament and this their Liberal subsidy for their banishment at that season K. Edward the 1. the next year 1288. being in Gascoigne a certain English Knight decreed to convent a Jew for the undue detention of a certain Mannor morgaged to him before the Judges but the crafty Jew refused to answer pretending a Charter of King Henry heretofore which was granted to him that he should not be drawn into judgement before any Judge except only before the person of the King The Knight being troubled at this went into Gascoigne that he might obtain some remedy hereupon from the King Whom when the King had heard he answered It is not seemly for children to make void the deeds of their parents to whom by Gods Law they are commanded to give reverence wherefore I have decreed not to make void the deed of my Father but I grant to thee and to
Commission how intollerably the poor Jews were taxed and fleeced by the Kings Tax-masters every year and what rigorous penalties and assessments were extorted from them yet neither these heavy uncessant annual Tallages nor the banishment of their Usury by the forementioned Statute would expel or force them hence before a direct Edict of Parliament and Proclamation for their exile by a set day under pain of hanging some years after this enjoyned banishment and abjuration to such as refused to pay this T●llage ferretted them all out of England In the 7th year of King Edward the first I find this memorable Writ Proclamation and Edict of his to 〈◊〉 Justices for the inhibiting and punishing the Blasphemies of the Jews then frequent against Christ crucified and the faith of Christ Jesus with loss of Life and Member with other strict Orders for preventing their Apostacyes and propagation of their Jewish Rites and all communion betwixt them and Christians worthy our special observation Rex dilectis et fidelibus suis Stephano de Pentecester VValtero de Helynn Johanni de Cobham Iusticiariis suis ad Placita Transgressiorum Mon●tae audienda et terminanda assignatis et dilecto Clerico suo Philippo de VVylegheby salutem Quia datum est Nobis intellig● Quod quidam Judaei Regni nostri fidem Ca●holicam et Sacra Ecclesiastica hactenus diversimode Blasphemare non formidarunt nec adhuc formidant in Divini nominis contumeliam et totius Christianae professionis opprobrium Nos hujusmodi Blasphemias sicut Principem Catholicum decet reprimi cupientes Volumus Quod nullus Iudaeus taliter de caetero blasphemare praesumat videlicet aliquod erroneum detestabile aut abhominabile dicendo vel faciendo in Blasphemia Crucifiri fidei Catholicae seu beatissimae matris Mariae Virginis seu Ecclesiasticorum Sacramentorum Volumus etiam quod hoc per omnia loca Regni nostri in quibus Iudaei morantur publice proclamatur et ne aliquis Iudaeus sub periculo Vitae et Membrorum talia facere vel dicere praesumat Et si quis notorius Blasphemat or inveniatur ita quod per Inquisitionem per Sacramentum Christianorum bonorum et graviorum inde convinci possit evidenter Volumus quod quilibet talis puniretur secundum quod in hujusmodi casibus alias fieri consuevit Idem fiat de ipsis qui aliquando ad fidem Catholicam conversi baptisati fuerunt et postmodum ad Iudaicam pravitatem perversi ab eadem fide Apostatare praesumpserint Volumus etiam quod Mulieres Iudeae de caetero portant signa in superiori veste sicut Iudaei Mares Et quod Iudaei de caetero nullos habeant servientes Christianos mares aut faeminas secum in quibuscunque obsequi●s commorantes nec in domibus propriis nec aliis in Civitatibus am locis aliis ubi morantur set ipsi Iudaei sibi invicem in omnibus sibi serviant et ministrent Et hoc ubique precipiatur tam Christianis quam Iudaeis sub gravi forisfactura nostra Volumus etiam quod omnes Christiani qui pignora sua inter bona Iudaeorum dampnatorum inventa redimere voluerint hujusmode pignora per testes fideles et bonae famae probent esse sua et ea per certa signa et indicia describant hujusmodi Testibus eatenus credatur quatenus ipsis ma●oris vel minoris famae esse constiterit Et si fortè pignora illa sua esse per testes probare non possint eo quod testes defuncti vel absentes sunt ita quod eos habere non possint vel quia secrete et absque testimonio impignor atae fuerunt tunc ad pignora illa recuperanda sufficiat tantummodo Sacramentum ipsorum quorum illa existunt dum tamen pignora illa certis signis et indiciis desc●ibant sicut praedictum est Et hoc propter lapsum anni a tempore impignorationis hujusmodi nullatenus omi●tatur Volumus insuper quod omnes illi qui per Testes fide dignos probare possint debita sua pro suis pignoribus persolvisse et pignora illa propter certam aliquam rationem per ipsos coram vobis ostendendam aut propter maliciam ipsorum Iudaeorum ab eisdem Iudaeis non recipisse ad iteratam solutionem debitorum illorum faciendam nullatenus compellantur testibus illis credatur juxta famam personarum additis testibus aliis si necesse fuerit juxta discretionem vestram De libris autem apud Oxon impignoratis volumus quod nullum fiat judicium usque ad Festum omnium sanctorum prox futurum Volumus etiam quod per Civitates Burgos Villas mercatorias et alias publice proclametur ne quis bona Iudaeorum dampnatorū seu dampnandorū recipiat seu jam recepta celet vel occultet sedea Nobis restituet citra Fest beati Petri ad vincula prox futur Alioquin Nos versus ipsos tanquam ad caelatores et occultatores Thesauri regni graeviter capiemus Et ideo vobis mandamus quod omnia praedicta fieri et firmiter observari faciatis in forma praedicta T. Rege apud Westmon x. die Maii. Consimiles Literae diriguntur Barth de Sutlegh Will de beof Ade de Boteler Ioh de Fauconer Consimiles Literae Breve diriguntur Ioh. Beks Alex de Kirketon Ranulpho de Dacre Hugoni de Kendale In this 7th year of King Edw. the 1. as our Historians elsewhere cited record there was a Parliament held at London principally to inquire after the great clipping and falsifying of the Kings coin and prevent it for the future during this Parliament most of the Jews throughout England were apprehended and hundreds of them by several Inquests found guilty before the Justices mentioned in these VVrits specially appointed for that end for clipping counterfeiting and corrupting the Kings money whereof 294 Jews in London alone were convicted and soon after executed and multitudes more of them in other places throughout the Realm which occasioned these VVrits and Proclamations made most probably by advice of the Parliament and approved by it to be issued forth and put in execution for the just punishment of the blasphemous Jewish Malefactors and better discovery of their concealed confiscated estates for the Kings greater advantage and likewise for releif of such sub●ects who had any pawns or goods in the then condemned Iews possession As those Iews who were legally convicted for clipping and corrupting the Kings coyne were executed for it in all places so many more of them were accused imprisoned for the same crime much oppressed maligned generally by the people and inforced to make fines and ransomes to the King and the houses and estates of those who were executed sold strickt inquiry made after all concealments of their estates as the last these ensuing Records will at large inform us far better than any of our Historians I shall begin with that which is most large Rex
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
if faithfully transcribed and methodically digested into a Parliamentary Chronicle would for rare usefull matter Excellency certainty far exceed all Histories Statute-Books Law-Books Chronicles ever yet compiled rectifie many grosse mistakes in most of them and make more able knowing Lawyers Judges parlamentmen Statesmen than former ages have produced Besides the old Records in the respective Treasuries of the Tower Courts at Westminster and the Rolls faithfully relate at large the Institutions Jurisdictions procedings Judgements Writs Formalities Debates commissions Law-cases Judges Officers names customes Fees of all the great courts of Law Justice Equity civil Ecclesiastical Military Marine Justices Itinerant Justices of the Forrest Justices of Assize Oyer and Determiner of most other inferiour Courts and Commissioners bo●h in England Wales Ireland Scotland Gascoyne Normandy Poyters the Isles of Man Gernsy Iersy Alderny Serk Silly and other Isles the Stanneries in Cornwall and in most Corporations Counties Hundreds Honors Mannors in them Record all sorts of commissions charters Writs Warrants Instruments relating to Law Iustice Trade peace Wa● The Courts Jurisdictions priviledges Mannors Lands Fees Rents exemptions Liberties Royalties Tenures Services customs Offices Successions pedigrees of the Kings Princes Queens Archbishops Bishops Deans Chapters cities corporations Fraternities Gui●ds Nobility Gentry Fre●holders of England Ireland Wales Scotland and all Dominion Isles annexed to them with sundry other particulars necessary for an accomplished Lawyer out of which industrious Lawyers if countenanced by authority and encouraged by a a publike Salary might collect such a rare new Body and Systeme of the Laws customs courts and ancient legal proceedings in all the courts of Justice throughout our Dominions as would as far excell all other Abridgements collections Reports Institutes Registers Law-Books hitherto published for use excellency as the richest Diamond exceeds the basest pibble and bring more honour benefit to the English Nation than all the Shepheards Calenders and New-corps or Models of our old English Laws attempted by Hugh Peters Sword-men and ●ome bold illiterate Ignoramusses of the Law who neuer yet perused any of our old Records nor read over half our English Law-books and yet will be reformers or deformers rather of what they ne●er exactly knew nor understood In brief the exact knowledge of our Records wi●● furnish industrious Lawyers with such rare usefull materials of all sorts for the publike service of their Nati●e country upon all emergent occasions the benefit information of their clyents the honour of their profession and their own reputation advancement profit as will enable them to outshine all others of their robe unversed in the Records as far as the Sun and Moon outshine the lesser stars which lose all their borrowed splendor when ●hey once ap●ear in place Witnesse Mr. Noy Mr. Seldon Mr. Littleton and some other Lawyers of late times whose real and Sir Edward Cooke whose borrowed superficial insight in Records advanced not only their Names Fames Arguments Books but practise and imployments likewise whiles they practis●d above all others of their Profession and hath immortalized their memories to posterity A sufficient Argument to engage all generous Students and Practisers of the Law to spend some years or long Vacations at least in the Study of our almost forgotten Records which though it may hinder their present gains and practise for a time will abundantly increase them afterwards the longest Studies in this kind like Merchants longest voyages being recompenced with the richest returns 2. All persons of quality desirous thoroughly to enable themselves to serve their Soveraign or Country in any publick great State-Offices Imployments at home or in foreigne parts may out of our Records furnish themselves with all former publike Negotiations Embassies Treaties Truces Leagues Contracts Agreements Transactions Letters Missives Commissions Instructions Claims Controversies Debates between the Kings Parliaments Nobles Clergy Merchants Kingdom People of England Ireland Scotland Wales and Dominions thereunto annexed or any of them and any other forraigne Kings Kingdoms Princes States Cities Embassadors Agents Legates Merchants relating to Peace Warre Amity Trade Marriages Alliances Government mutual aid Jurisdictions Soveraigntie Regulation of Injuries Abuses Depredations c. and likewise between themselves All Passages Writs Commissions Debates resolves relating to the Parliaments Judicatories Laws Justice Trade Merchandise Man●factures Navy Shipping Ports defence Militia by Land or Sea Coins Weights Measures of England Ireland and other our Dominions formerly specified with all other particulars fit for an accomplished Statesman no where extant but in our Record wherein they are faithfully registred for the information and benefit of posterity 3. All Heroick English Spirits desiring exact knowledg in the History and Chronology of England may find in our old Records all the choicest materials relating there un●o faithfully recorded with all the particular dates circumstances of time and place All Grounds Occasions Commissions Summons of Arrayes Armies Navies Fleets Ships Fortifications of Townes Castles Con●ultations Articles Instructions transactions relating to our Civil Foraign wars by Land or Sea with the Names of the Generals Officers Marshals Admirals and persons of greatest eminency in them All Truces Leagues Embassies Contracts Agreements Letters passages of State Parliamentary affairs Coronations Charters Patents of our Kings and what ever may compleat adorn our English History exactly registred which if faithfully transcribed and digested into order would make a farre more usefull compleat excellent English History and Chronicle then any yet published or compiled And if all the Charters Patents Commissions Records Writs Mandates priviledges Le●ters granted sent written by our Kings Parliaments Counsel and Officers of State relating to England Wales Ireland Scotland Jersey Gernsey Man and our other Isles and Dominions and to the particular Counties Hundreds Cities Corporations Ports Officers Bishopricks Monasteries Colleges Hospitals Free Schooles Parishes Churches Noblemen Gentlemen and particular Mannors places in them were judiciously collected digested after the moddel of Mr. Cambdens Britannia I dare affirm they would as far excel it in use and benefit as it transcends all former publications of our British world and Monarchy 4. Such Gentlemen as are addicted to Heraldry may find a Rich Magazine of all choice materials belonging to the Office and Study of an English Herald relating either to the Regal Noble Gentile families Great Officers Pedegrees Marriages Successions Coats Titles of Honor Chivalry c. of England Scotland Ireland Wales and other parts of our English Dominions The Coronations and Solemnities of our Kings the creations of our Nobles Knights Officers of all sorts with their Formalities Robes c. Most of our English Heraulds having been either Keepers of our Records or Clerks under them out of which they extracted most of their knowledge 5. All Divines studious of eminency in the Church History of England may read in our Records many excellent Letters Embassies passages Debates between our English Kings Parliaments Prelates Clergy Councils Synods and the Popes Cardinals Legates Court of Rome and forraign Councils
Synods Princes Pre●●tes concerning the Popes Ecclesiastical and Tem●●ra● usurped Jurisdiction formerly claimed usurped in England his Legates Bulls Excommunications Interdictons Peter-pence Tenths First-fruits Palls Provisions Letters Taxes all Disputes betweene our Kings Nobles Parliaments Judges and the Pr●la●es or Clergy of England Scotland Ireland Wales and betwixt our Prelate● and Clergymen themselves concerning their Jurisdictions Courts Priviledges Possessions Pr●cedency Visita●ions Exemptions Taxes Tenths First-fruits Elections consecrations Investitures c. And all Charters Priviledg●s Exemptions Glebes rents 〈…〉 ●●●onging to the Bishopricks Monasteries 〈◊〉 clergy of England Ireland ●●les Scotland and the 〈…〉 which if ●ige●ted into an History would not only ●dorn but exce● all Ecclesiastical Histo●ies of Engl●nd hither●o p●blish●d and rectifie some mistakes in ●any of them Upon all which consid●rations I hope the God of the Spi●●●s of all fle●h wi●●in this stupid selfish degenerated age raise up some heroick active publike English Spirits of all these rankes not only to preserve our precious antient Records from Hugh Peters designed Martyrdom but likewise diligently to study and extract such useful collections out of them as I have hinted for the benefit honor of their Native country and advantage of succeeding ages of which I have here given them a leading president in these Historical Legal Chronological collections relating only to our English Iews the transcendent malice of my former causlesse Enemies in debarring me by a special old Council-Table Order from all accesse to the Tower Records during my 5. years Imprisonment in it made the very next day after my commitment thither to deprive me of their benefit seconded with above 3. yeares close imprisonment and exile in remotest Castles and the late ungrateful despiteful unrighteous Oppressions of some of their new Whitehall Successors though my pretended great Friends in seising all my Papers Writings Records they could meet with both in Lincolns Inne a●d the Country ●nd keeping me close Prisoner in ● rem●●e Castles under stri●t●st armed Guards near full 3. y●ars space wi●hou● any accusation hea●ing or cause expr●ssed ●ither th●n or since of purpose to hinder me from our R●cords 〈◊〉 ●ublishing any thing for the common good as ●ome of them have ac●nowledged having so long deba●●ed so much impo●e●ished so ●far disabled me from the●e Noble Undertakin●s de●er●ing all encouragements e●en ●●on ● common publick pur●e and account that I must recommend the pursuite of th●m to some other Gent●emen of l●sser years but far greater abilities and estates then my self who may both demerit receive in after ages far better rewards for their Labors and Publications herein then long tedious Imprisonments close imprisonment Pillories Stigmatizing Fines Exiles Degradations Affronts Losses discouragements of all sorts the only Encouragements Guerdons Recompences I ever yet received for all my useful publications my unmercenary faithful Services and Sufferings for the publike upon all occasions I shall close up all with some Scripture-Texts discovering the excellent use benefit of old Records and what high esteem the wisest Kings in the Old and Paul himself in the New Testament had of them The first Text I shall cite gives us a true character of the Jews seditious carriage then manifested by Records E●ra 4.14 15. Now because we are salted with the Salt of the Palace and it was not meet for us to see the Kings dishonour therefore have we sent and certified the King that search may be made in the Books of Records of thy fathers so shalt thou find in the Book of the Records ●nd know that this City is a Rebe●lious City and hurtfu●l unto Kings and Provinces and they have moved sedition within the same of old times for which cause was the city destroyed which appeared true upon search made in the Records vers 19.20 Esther 6.1 On that ni●ht could not the King sleep and he commanded to bring the Book of Records of the Chronicles and they were r●●d be●o●e the King Neh. 12.22.23 The ●evites in the days of Eliashib Joiada c. were recorded chief of the Fathers also the Priests to the reign of Daruis the Persi●● The Sons of Levy the chief of the Fathers were recorded in the Books of Chronicles c. 2 Tim. ● 1● When thou comest bring with thee the books bu● especially the Parchments which the Latin Translators a●●●end● Membranas ● Parchment Rolls Upon which words ●●e●●o●e●t Oecum●mus and others thus comment M●xime Membranas Membranas Latina magis voce volumina sive Chartas volubiles appell●●●i I● complicatis en●m involutis Chartis habebant olim quae ad divinam spectant Scripturam Quemadmodum ●tiam ad ●re●●n●●m a●●us 〈◊〉 p●u●ima habent If then a●l our parchment Membran●es Rolls Records must be burnt Hugh Peters and his good Magistrate to accomplish this good Work must first burn the old original parchment Membranaes Rolls of the Old and New Testament the ancientest of all others which St. Paul was so carefull to preserve and then those of the Kingdom next And whether this will be a Good or christian work for a Good or christian Magistrate or Minister let all sober men resolve seeing it will totally deprive us of all sacred all civil Antiquities and Records and be matter of greatest rejoycing advantage to our common Romish Enemies and the Jesuites the original projectors of this infernal Jesuitical designe and practice as Ludovicus Lucius Hist Iesuiticae l. 1. c. 6. p. 144. manifests records What therefore our Saviour himself concludes of old Wine that will all learned discreet sage men determine of our good old English Laws Liberties Records compared with Hugh Peters and others New Models Instruments papers relating to the publike Lu. 5.39 No man having drunk Old Wine streightway desireth New for he saith the Old is better FINIS Errata and Omissions KInd Reader Take notice that the Records of Edw. 1. being transc●ibed before the later of King John and those of Henry the 3d. and printed at guess before them they amounting to above double the sheets conjectured thereupon from C. p. 13. to H. p. 53. the folioes only are figured and some sheets altogether w●●hout figures Wherefore I shall desire thee to page them all with thy p●n from p. 13. to p. 53. t●at so thou maist the better correct those few Errataes which have escaped the Press in some Copies here noted as if they had all been paged in order In the Epistle p. 2. l. 27. read Endeavorer In the Book p. 3. l. 32. Priesthood● P●esbytery p. 11. l. 33. together p. 13. l. 6. preceding p. 16. l. 1. on r. in l. 14. Statutes p. 18. l. 30 thu● p. 20. l. 3 Fra●ket p. 24. l. 13. placia p. 25. l. 32. lucio p. 27 l. 37 victu●lia et si quem inveneritis quae deneger eis victualia c. p. 34. l. 36. ●s●nd p. 37. l. 10. reddendam p. 38. l. 36. but then p 43. l. 1. Jews Cha●reis p. 44. l. 37. ●e●minis p
Curiae Regis made and to be inquired of by the Justices itinerant in the 6 year of King Richard the 1. Anno 1194. wherein I find this Article Item de Faeneratoribus eorum catallis qui mortui sunt which is general extending equally to all Usurers whether English or Jews Christians or Infidels But in the Capitula Placitorum Coronae Regis in the 10 year of this King Richard Anno 1198 it was thus varied and confined only to Christian Usurers Inquirendum est by the Justices itinerant then appointed in each County etiam de usuris Christianorum eorum Catallis qui mortui sunt Perchance to put a difference between the Jews whose goods the King claimed as his own whiles living and the English Usurers who forfeited not their estates for usury till after their deaths not unless they died usurers without publike repentance therof before their death This form of Inquisition continued both before and after the Statute de Judaismo as is evident by Capitula itineris used in the reigns of Henry the 3. and Ed. 1. De Christianis usurariis qui fuerunt quae catalla habent qui catalla illa habuerant De catallis Judaeorum occisorum eorum chartis vadiis qui ea habeant King Henry the 3 rot finium 29. H. 3. m. 8. De catallis quae fuerunt cujusdam foeneratoirs seised the Charters of a certain Usurer as confiscated by Law unto him the Statute of Merton c. 5. in the 20 year of his reign provided and granted That usuries should not run against any being within age from the time of the death of his Ancestors whose heir he is unto his lawfull age c. So neverthelesse that the payment of the principle debt with the payment of the usury that was before the death of the Ancestor whose heir he is shall not remain On which Statute St. Edward Cook himself thus Coments This Statute hath been diversly expounded some expounding it only of Nomine poenaes and doubling the rent upon Leases Bonds and Recognizances others literally That the Statute extended to the usurious Iews that then were in England for at that time and before the Conquest also it was not lawfull for Christians he might have added nor yet for Jews to take any usury as it appeareth by the Laws of St. Edward c. and Glanvil and other ancient Authors and Records And by this Act it was manifest that the usury intended by the Statute was not unlawfull for the usury before the death of the Ancestor is enacted to be paid and after the full age of the heir also And no usury was permitted but by the Jews only But King Edw. the 1. That mirror of Princes By aeuthority of Parliament made this Law which is worthy to be written in letters of gold Forasmuch c. That no Jew should take any usury c. As if usury in his opinion had been lawfull for Jews before the Statute de Judaismo when it was equally prohibited to Jews and Christians though not to make to contractor usury meerly void except only against Infants during their minority yet to make both their chatels goods and estates liable to confiscation to the King after their deaths or before as the premises undeniably evidence So that the Statute de Judaismo prohibiting usury to the Jews was no introduction of any new Law as to the unlawfullnesse and penalty of usury it self in the Jews no more than in Christians to whom Rastal equally extends it Vsury 2. but only in respect of the legal means for recovevering the use upon usurious contracts Usury it self being even reputed absolutely unlawfull by Gods Lawes and ours Hence I find Rot. claus 36 H. 3. m 21. A Prohibition by writ to all forain Merchants within the Realme Quod nil capiant ad Vsuram and if they do Omnia mobilia immobilia eorum cedant ad usum Regis all their goods movable and immovable shall be confiscated to the Kings use Rot. claus 2. E 1. m. 1. De Mercatoribus Usurariis commands all Merchants that were Usurers to depart the Realm the year before the Stat. de Iudaismo made And in the Patent Roll of 5 E 1. Dors 26. There is an Inquisition De Usurariis seu Christianis Judaizantibus ut de eis fiat justitia secundum legem terrae which punished them by sines and loss of Goods in the Temporal Courts and by Ecclesiastical censures in the Spiritual Courts as is clear by Placita 18 H. 3. rot 36. and all Canonists in their Titles De Usura which is further evident by these Records Statutes made since the Statute De Iudaismo by 15 E. 3. rot Parl. n. 24.32.21 E. 3. rot Parl. n 49.50 E. 3. rot Parl. n. 47. 6 R. 2. rot Parl. n. 57. 14 R. 2. rot Parl. n. 23. 5 H. 4. rot Parl. n. 68.15 E. 3. c. 5. 3 H. 7. c. 5 6. 11 H. 7. c. 8. 37 H. 8. c. 9.5 E. 6. c. 20. 23 Eliz. c. 8. 39 Eliz. c. 18.21 Iac. c. 17. Therefore the banishing of Usury by this Law thus condemned prohibited in all former ages could no wayes move the Jews voluntarily to banish themselves hence no more than all other English and Italian Vsurers but some new special Act for their final expulsion 8ly It cannot be proved or imagined that all the Jews then in England were Usurers though the most and wealthiest of them were such And it is very improbable that all the Jews throughout England with one consent should agree to banish themselves voluntarily out of England where they were born and lived so long and that on the same day because the Usury of some of them was there prohibited without any Law for their banishment 9ly The Iews by several Laws Canons were expresly prohibited Usury elswhere in that age which they are totally forbidden to use of late years and now in Lithuania Russia Poland and some other places where they reside living only by Merchandize Husbandry and Manufactures Yea Menasseh Ben-Israel himself in his Humble Addresses newly printed p. 22.23 writes thus As for Vsury such dealing is not the essential property of the Iews for though in Germany there be some indeed that practise it yet the most part of them that live in Turky Italy Holland and Hamburgh being come out of Spaigne they hold it infamous to use it Therfore the bare suppression of their Usury in England by this Statute would no more induce them to banish themselves voluntarily out of England and leave all their houses morgages housholdstuff amounting to a vast summ to the King than out of other Countries where their usury was restrained then since seeing they might live as well without Vsury in England by their Merchandizes Husbandry and Manufactures as in any other Climate 10ly Sir Edward Cooke himself contradicts himself herein not only in his 4th Institutes p. 254. where writing
Justices Nobles Gentlemen Citizens Merchants Societies Fraternities most private persons both in England Ireland Wales Scotland all the British Isles and other Territories anciently belonging to England All whose particular patents grants evidences though under sea● if alleged to be false forged sophi●●ticated must be tryed only by their exemplifications or inrollments on record They likewise comprise all the Judgements Fines Common Recoveries Verdicts Trials Suits Statute Merchants and Staple Recogni●an●●s Inrolments yea in any of the private Conveyances Contracts between our Kings and private subjects and one subject another What a universal confusion subversion then disinherison destruction of all Rights Titles Interests Inheritances Priviledges the burning of all our old Records would immediatly bring upon all and every County City Corporation Nobleman Gentleman Inheritor Freeholder of the Realm of England and all the subordinate Dominions thereto annexed let this Short Cutter himself and all Wise men determine who hold or claim any thing by matter of Record their best and surest evidence 3ly All the good old Laws Statutes for the Government Peace safety defence and wellfare of the Nation are originally conteined in our Records by which they must be tryed examined Yea all the perambulations and deafforestations of our forrests All the Limits Bounds Extents Contents Jurisdictions Customs Priviledges Tenures Rents Services of all Counties Cities Burroughs Ports Honors Mannors Parishes Courts of Justice Offices Officers Civil Military Ecclesiastical Marine all the Pedegrees Discents Successions by which all Heirs Successors hold or claim their inheritances are for the most part defined ascertained evidenced proved in and by our Records alone wherein they are enrolled And if they should all be burnt together what a taxies confusions contentions oppressions suits quarrels frauds Disinherisons would thereupon immediatly ensue all wisemen may prognosticke The mighty Nymrods and Grandees of the times wil then soon question al mens Titles devour their lesse potent neighbours estates inheritances adjoyning near to theirs all potent Landlords will exact what services rents customs heriots releifes they please from their poor tenants all superiour inferiour Courts Officers Corporations claim exercise what extravagant Jurisdictions powers they think meet and all legal means of defending mens rights liberties inheritances against malitious potent vexations Adversaries will be utterly abolished by Salt Peters new Firework to burn all our old Records to ashes 4ly Whereas this Ignoramus in ou● Records the most whereof he never yet saw and cannot so much as read produceth this only reason for their burning that they are the monuments of Tyranny I would demand of rhis bold blind Bayard who judgeth of coulors he never yet saw how he can make good this notorious untruth The greatest part of our Records are the two great Charters of the Liberties of England and the Forrest or sundry subsequent confirmations of them in several Parliaments the good old Laws Statutes Ordinances made by our wisest Kings Nobles Commons upon long advise and serious debates in our English Parliaments for the Government Peace defence wellfare of the people The proceedings debates Judgements Resolutions of our sagest Parliaments Judges Courts of Justice in all matters cases publike private civil or criminal formerly debated or resolved in them Old Charters Commissions Patents Writs Concords Fines Recoveries Statutes Judgements Extents Indictments Offices Grants of Liberties Lands Franchises Fairs Offices Pardons to particular persons corporations all matters advancing the defence of the Realm by Land and Sea in times of danger war according to the ancient Laws and Customes of the Realm Negotiations Truces Leagues with Embassies Letters to from forain States All particulars concerning Merchants Merchandise Trade Coyn Bu●lion Measures weights wools Staples Ships and the like Now how all or any of these can be stiled Monuments of Tyranny let this Lindsy-Wolsy great Clerk demonstrate at his best leasure Besides I here averr ex certa scientia against this Imposture That most of our old Records especially in the Tower are so far from being monuments of Tyranny that on the contrary they are the chiefest badges the clearest evidendences of those good old English Liberties which our noble Ancestors claimed purchased and transmitted to us as our richest Birthrights yea the principal Bulworks Fences against all sorts of Tyrannical usurpations encroachments on the Peoples Liberties Rights Properties in any kind whatsoever To put this out of Controversie I shall appeal only to the many excellent old Reeords produced most insisted on by the Commons and others in the several Parliaments of 7 8 21 Jacobi and 3 4 17. Caroli against all Impositions Tunnage Poundage Customs Excises Loans Taxes demanded imposed and exacted from the Subject without common consent and Act of Parliament against imprisoning Subjects by King or Council Table without any legal cause expressed in the warrants and not bailing them in such cases against Shipmoney Court and Conduct money the Bishops late Canons and Oath Commissions for executing martial Law in times of Peace impressing and billiting Souldiers the Commissions of Array with other late Grievances Monopolies and the arbitrary proceedings of Strafford Canterbury the old Council Table Star-chamber and High-commission printed in sundry Treatises in Sir Edw. Cooks 2 4 Institut Sir Robert Cottons Posthuma and in my Legal Historical Vindication and collection of the good old fundamental Liberties c. of England to which I shall refer the Reader and Hugh Peters who if he had St. Augustines ingenuity hath as much cause and more than he to write a book of Retractations especially of this his rash sentence passed against our old Records devoting them to the fire which his and others New-Medles better deserve than they Now that I may the better excite encourage all generous English Spirits especially Lawyers Statesmen Historians Heralds and Divines who have opportunity not only to the diligent preservation but inspection study perusal of our ancient over much neglected sleighted Records so rashly devoted to the fire by Peters I shall in brief acquaint each of them what hidden Treasures and rare precious pearls are locked up in these old Parchment cabinets 1. All grounded Students and Professors of the Law upon diligent search may find in our old Records the several Writs of Summons for our Archbishops Bishops Abbots Priors Dukes Earls Viscounts Barons Citizens Burgesses Merchants and all other Members to our ancient English Parliaments Great Councils of State Synods Convocations with the several prorogations adjournments dissolutions of them for Knights and others wages The Speeches Proceedings Petitions Debates Consultations Orders Ordinances Statutes Judgements Pleas Demands Grants or Refusals of Aides Subsidies with all transactions resolves concerning peace War Government Trade Merchandise Bullion Coyn Weights Measure purviances Customes Tunnage poundage Imposts Fishing Shipping defence of King or Kingdom by Land or Sea Liberties priviledges properties regulation of abuses supplies of defects of Law Justice and all other matters formerly discussed in our English parliaments Which