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A91270 The second part of a Short demurrer to the Ievves long discontinued remitter into England. Containing a brief chronological collection of the most material records in the reigns of King John, Henry 3. and Edward 1. relating the history, affaires, state, condition, priviledges, obligations, debts, legal proceedings, justices, taxes, misdemeanors, forfeitures, restraints, transactions, of the Jews in, and final banishment out of England, never formerly published in print: with some short usefull observations upon them. Worthy the knowledge of all lawyers, scholars, statists, and of such Jews who desire re-admission into England. / By VVilliam Prynne Esquire, a bencher of Lincolns-Inne.; Short demurrer to the Jewes long discontinued remitter into England. Part 2 Prynne, William, 1600-1669. 1656 (1656) Wing P4073; Thomason E483_2; Thomason E872_1; ESTC R203286 147,465 222

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accipere emere exceptis illis quae de Ecclesia sunt panno sanguine lento Et si Judaeus ab aliquo appellatus fuerit sine teste de illo appellatu erit quietus solo Sacramento suo super librum suum et de appellatu illarum rerum quae ad Coronam nostram pertinent similiter quietus erit solo Sacramento suo super Rotulum suum Et si inter Christianum Iudaeum fuerit dissentio de accommodatione alicujus pecuniae Judaeus probabit Catallum suum Christianus lucrum Et liceat Judaeo quietè vendere vadium postquam certum erit eum illud unum annum unum diem tenuisse Et Judaei non intrabunt in placitum nisi coram Nobis aut coram illis qui Turres nostras custodierint in quorum Ballivis Iudaei manserint Et ubicunque Iudaei fuerint liceat eis ire ubicunque voluerint cum omnibus catallis eorum sicut res nostrae propriae nulli liceat eos retinere neque hoc eis prohibere Et praecipimus quod ipsi quieti sint per totam Angliam Normanniam de omnibus Consuetudinibus Theoloniis modiatione vini ficut nostrum proprium catallum Et mandamus vobis praecipimus quod eos custodiatis defendatis manu-teneatis et prohibemus ne quis contra Cartam istam de hiis supradictis eos in placitum ponat super forisfacturam nostram Sicut Carta Regis H. patris nostri rationabiliter testatur T. Humf. filio Petri Com. Essex Willielmo de Marescal Com. de Pembr Henr. de Bohun Com de Hereford Robert de Turnham Willielmo Brywer c. Dat. per manum S. Well Archidiac apud Merleberg Decimo die Aprilis Anno regni nostri secundo The second Patent runs in these words Johannes Dei gratia c. Sciatis Nos concessisse praesenti Carta nostra confirmasse Judaeis nostris in Anglia ut excessus qui inter eos emerserint exceptis hiis qui ad Coronam Justitiam nostram pertinent de morte hominis mahemio de assaltu praemeditato de fractura domus et de Raptu et de Latrocino de Combustione de Thesauris inter eos deducantur secundum Legem suam et emendentur Justitiam suam inter se ipsos faciant Concedimus etiam eis quod si quis eorum alium appellaverit de querela quae ad eos pertineat Nos neminem compellemus ad testimonium cuiquam eorum contra alium exhibendum sed si Appellator rationabilem idoneum testem habere poterit eum secum adducat Siquod verò opus sceleratum apertum inter eos emerserit quod ad Coronam nostram vel ad Justitiam pertineat sicut de praedictis Placitis Coronae licet nullus eorum noster appellator fuerit Nos ipsam querelam faciemus per Legales Judaeos nostros Angliae inquiri sicut Carta Regis H. patris nostri rationabiliter testatur Teste G. filio Petri Com. Essex Willielmo Mareschallo Com. de Pembr Hen de Bohun Com. de Hereford Petro de Pratell Roberto de Turnham Willielmo de Waren Hugo de Nevil Roberto de veteri Ponte Dat. per manum S. Well Archidiac apud Merleberg X. die Aprilis Anno Regni nostri secundo Both these Charters were dated at the same place on the self-same day by the self-same hand and subscribed by the same Witnesses for the most part The first of them extends to all the Jews both in England and Normandy the latter to the Jews in England alone The persons subscribing them as witnesses were eminent both for honor and power and it appears by the recitals in the Charters that the Liberties granted and confirmed by them to these Jews were wholly or for the most part such as King Henry the first Grandfather and K. Henry the 2. Father to King John had formerly granted and confirmed to them by their respective Charters And if you compare that Law inserted by Hoveden and others amongst the Confessors and Conquerors Laws De Judaeis in Anglia constitutis You will find it taken almost verbatim out of these Kings Charters in whose times Hoveden writ his Annals and puny to the Confessors and Conquerors Laws in the true Original copyes whereof it is not to be found We need not much wonder that King Iohn did grant such large Liberties and Charters as these recited to the Jewish High Priests and Jews throughout his Dominions since some few years after as Matthew Paris writes he sent special Embassadors to Admirallus the Great Mahometan King of Africk Fesse and Spain profering to surrender up his Crown and Kingdom to him and hold them under him as his Vassal and likewise To reuounce the Christian Religion as vain and faithfully to Adhere to the Mahometan Religion For which he was much scorned and derided by ihis Mahometan Prince as the Dregs both of Kings and Men He will soon turn a compleat Turk who is become half a Jew These Liberties thus ratified by King Iohn drew many Jews into England out of forraign parts with their wealth and treasure according to the old Proverb Fistula dulce canit volucres dum decipit auceps but when these Decoyes had drawne them and their wealth into the Net you may read how he plucked off their feathers and tormented their bodies to gain their monies in our Historians and my first Demurrer Amongst the Records in the Treasury of the Receiver of the Exchequer in the 4th year of King Iohn I find one Bonefand a Jew indicted at Bedford for gelding and cutting off the yard of one Richard whereof upon his trial he was acqitted as the Record it self will more fully manifest in its own dialect Placita capta apud Bedeford a die Sacti Michaelis in 〈◊〉 Septim coram Simon de Pateshall Rich de Faukenbrig Sociis suis Anno Regni Regis Johannis 4to Rot. 5. in dorso Hundr de Clipton Robertus de Sutton appellat Bonefand Judaeum de Bedeford quod ipse in pace Domini Regis nequiter fecit ementulare Ricardum nepotem suum unde ipse obiit Ita quod ipse fecit portare eum usque in terram suam de Hacton quam ipse habet in vadio ibi obiit et hoc offert probare Et tunc Bonefand venit et defendit totum offert Domino Regi 1 marc pro habenda Inquisitione utrum sit inde culpabilis vel non Et Iuratores inquisiti dicunt quod non est culpabilis inde et ideo Bonefand sit quietus Robertus in misericordia pro falso appello And in the Margin of the Roll custodiatur is written This is the first Indictment I find upon record against a Jew Not long after King Iohns Charters confirmed the Jews fell to their usual trade of clipping and washing the current coyn of the Kingdom as is evident by this New Ordinance against this abuse and touching the
Masters of their Law without the Kings special license 10. That the Iews usury was no ways countenanced nor approved but generally condemned and frequently released by our Kings long before the Statute de Judaismo which most infallibly appears to be made in 3 Ed. 1. not in 18. as Sir Edward Cook very grosly mistook And that the banishment of their Usury by it was not the cause of their voluntary banishment hence as he most fondly conceited 11. That the Presbyteratus Judeorum totius Angliae was not the High Priests spiritual function as Sir Edward Cook and others affirm but only a temporal office and Comptrolership in the Kings Exchequer of the Jews 12. That our Kings and Auncestors in times of Popery made and published sundry excellent Ordinances against the blasphemies abuses of the Jews and were very zealous industrious to convert them to Christianity and carefull to maintain support confirm and provide for them when converted in their Domus Conversorum That King Edward the first remitted his right to all the goods of convert Jews by an unchristian usage confiscated formerly to the Crowne by their very conversion allowing all Converts the moity of their estates to maintain them and granting the other moity of their Estates together with his Deodands and all forfeitures and Chevages of the Jews for the support of the Converts and their House Chappel Chaplains Yet very few of them were converted 13. That King Edward the 1 in the 18 year of his reign did by publike Edict of Parliam actually banish all the Jews out of England except the Converts by a set prefixed day beyond all contradiction much against the Jews good wills as I have undeniably proved by sundry Records forecited here and by multitudes of Historians in my first Demurrer against Sir Edw. Cooks grosse error A truth so clear that the very Jews themselves as I am informed by those best versed in their Manuscript Antiquities do make special mention of this their Banishment out of England in their Chronicles in Manasseh Ben-Israels custody taking their later computations of years from thence as a time very remarkable and ominous to their whole Nation And well might they do so seeing learned Mr. Edward Brerewood in his Enquiries touching the diversities of Languages and Religions throughout the chief parts of the world London 1614. c. 13. p. 92. assures us that The first Country of Christendom whence the Iews were expelled without hope of Return was our Country of England whence they were Banished Anno 1290. by King Edward the first By which example Not long after they were likewise banished France Anno 1307. by Philippus Pulcher Only of all the Countries of France in the Iurisdiction of Avignon the Popes State some are remaining Out of Spain An. 1492. by Ferdinand and shortly after out of Portugal Anno 1539. by Emanuel Out of the Kingdome of Naples and Sicilie Anno 1539. by Charls the V. as he there writes Out of which Sir Edward Cooke might have as well averred they only voluntarily banished themselves as that they voluntarily banished themselves out of England with ut any special Edict for their exile thence What other particulars of lester moment concerning the Jews occurre in these Records I have formerly touched in their respective places and shall here omit Having thus compleated my JUDAISMUS ANGLICANUS REDIVIVUS if I may so stile it or Chronological Collections of the Historical and Legal affairs of the English Jews out of the rich unknown Magazine of our generally neglected slighted precious old Records which Hugh Peters the great New-modeller Reformer of our former Lawes Liberties Government Kingdom Republike Church Religion Justice Law Merchandise Navy the Poor and what not but himself out of his rash fiery Zeal and transcendent ignorance would now make all new Martyrs but yet be none himself For which end in his Good Work for a good Magistrate London 1651. after his proposal of A short Model for the Law p. 28. c. he concludes with this advice as a Good Work fit for his good Magistrate p. 33. This being done It is very advisable to burn all the old Records yea even those in the Tower the Monuments of Tyranny that so his New Whimsies only might be known and adored for our English Lawes and Monuments in all succeeding ages I shall therefore crave Liberty to inform the World and this Ignoramus of the incomparable Excellency Utility Necessity of preserving these Records which he hath so brutishly devoted to the fire before he either knew their contents or worth which our Ancestors even in all former Wars Revolutions as well as times of peace and settlement preserved with much 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 Treasuries places to preserve them in and Custodes R●tulorum Treasurers Chamberlains Registers Clerks to keep them safe from injury corrupting and embezelling and enacting many Statutes for this purpose witnesse not only the Chests Cyrographers Officers and others forementioned for keeping the Records and Charters 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 made a burnt-of●ring unto Vulcan upon the crack-brain'd Motion of an Ignatian Incendiary 2. The Statute of 8 H. 6. c. 12. still in force Ordains That if any Record or parcel of the same writ retorn panel proces or warrant of Attorney in the Kings Courts 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 reversed th● such stealer taker away withdrawer and avoider their Procurers Counsellors and Abettors being thereof indicted and by process the●eupon made 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 half of other shall be judged for Felons and shall incurre the pain of Felons And that the Iudges of the said Courts of the one Bench and of the other have power to hear and determine such
defaults before them and thereof to make due punishment as is aforesaid And now Hugh Peters if I may be thy Counsellor 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 Attainders 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 prescibes 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 ensuing weighty Considerations First these 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 cleared judicially evidenced upon any emergent 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 over 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 Nation upon the frantick motion of a Bedlam in this particular as for a Great landed Nobleman to burne 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 Nunneries Colledges Hospitals Free-schools Universities great Officers Chancellors Generals Admirals Marshals 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 seal if alleged to be false forged sophisticated 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 Recognizances 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 Inheriter 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 Governme●t 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 Pedegree 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 ataxies 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
Assise of moneys in the 6 year of King Iohn Assisum est de Moneta quod vetus moneta currat unde quelibet libra sit lacta ii s. vi d. ad plus libra quae plus lactaverit denarii qui plus lactaverint perforentur reddantur sicut alias provisum fuit Iudaei vero aurifabri mercatores forinici emant moneta ista victum et vestitum suum tantum sed non debent prestitum vel Merchandizas facere nisi de grossa et forti moneta quae sit de lege pondere denariorum sterlingorum Et ad cognoscendum denar de praedicto lacco exeat a monetaria nostra I. Pempeis liberetur cui voluerit habere habendum usque ad Pentecosten Anno regni nostri 7. de lacco octavae partis denarii Item denarius qui de caetero fuerit scilicet post Natale Anno Regni nostri 6. inventus intonsus in alicujus manu perstietur et ille cujus manu captus fuerit capiatur ut lat Item prohibitum est quod nullus vetus denarius reblangietur et qui eum reblangiaverit sit in misericordia nostra de toto catallo suo et amittat quod reblangiavit Item denarius debet omnis fabricari ita quod sit de equa lege pondere habens circulum exteriorem et quod nil sit extra illum circulum ubi aliter inventus fuerit fabricator et custos ejus sint in misericordia nostra de toto catallo suo Item si quis cambiaverit Denar vel argentum alibi quam ad Cambium nostrum salvo Cambio Domini Cantuariensis Archi Episcopi apud Cant. tam cambiens quam recipiens cum eo quod cambiaverint capiantur Et assisum est quod nullus capiat ad Cambium pro libra de fine et argento plus vel minus quam Denar de lege et quod nullus denarius exeat de Cambio nostro vel Dom Cantuar. nisi sit legalis de Victualorum Itē inquiratur per liberos et legales homines in Civitatibus Burgis Villis quis Christianus vel Judaeus denarretondit et qui inventus fuerit retonsor Christianus vel Judaeus capiantur omnia catalla sua et corpus suum mittatur in prisonam nostram et sit in potestate nostra de Justitia facienda Item si denarii qui non sint rationabiles de lege pondere inventi fuerint in manu Judaei aurifabri vel Mercatoris forinseci vel servientium eorum pro merchandisa vel prestito faciendo assisum est quod illi in quorum manu fuerint inventi nisi tantum ad victum vestitum suum emendo ut praedictum est capiantur T. me-ipso apud Winton 26. die Jan. The same year King Iohn granted this ensuing safe-conduct to one Hamechun a Jew to come and reside in England like other Jews Rex c. Iusticiariis c. Sciatis quod dedimus Hamichuno Judaeo nostro firmam pacem nostram ita quod concessit salvò venire et ibi stare sicut alii Iudai nostri in terram nostram pro bono servicio suo quod nobis fecit in Castro Audel cum dilecto fideli nostro R. Constab Cestriae Et ideo vobis mandamus et firmiter praecipimus quod firmam pacem nostram sicut praedictum est habeat Teste me-ipso apud Westm 2 die Novembr The Jews by Capitula de Iudaeis enacted and published by Rich. the 1 recited at large in my former Demurrer were obliged to register all their Contracts Morgages Obligations Debts and to put them into a common Chest with 3 Locks and Keyes kept by certain Christians and Jewes specially designed for that purpose as you may there read at last This Chest was called Arca Cyrographica or Cyrographorum Iudaeorum and the Notaries or Registers of them stiled Cyrographi Christiani et Iudaei Arcae Cyrographicae London Oxon or other such City where such Chests were kept All their Deeds Obligations and Releases were usually called Stars and Starra Starrum Starr in our Latin Records from the Hebrew word SHETAR contracted by the omission of he which signifieth a Deed or Contract These Stars were written for the most part in Hebrew alone or else in Hebrew on the one side or top of the parchment and in Latin on the other side or bottom of the Deed after the Hebrew Some of these Stars were sately extant amongst the evidences and writings belonging to the Dean and Chapter of Westminster writ in very fair Hebrew Characters and one of them I have lately seen in the Treasury of the Exchequer written in Hebrew without pricks In King Iohns Reign at the Top the substance whereof is thus expressed in Latin just under it lik an English Condition under a Latin Obligation Istud Star fecit Hagius filius Magri de London Domino Ade de Strattona de acquietantia de Stanmore de omnibus debitis in quibus Dominus S de Cheyndut ei tenebatur Ita quod idem Iudaeus nec haeredes sui nihil exigere possunt de praedicto Ade nec de haeredibus suis ratione terrae de Stanmore de praedictis debitis If any Christian indebted and obliged to any Jew by any Star or writing put up reserved in this Chest payed not the same at the day appointed tother with all the interest where any interest was reserved then he sued forth Letters by way of Proces against him both for the Debt and interest under the Notaries or Registers hand to appear before the Iustices specially appointed for the government and custody of the Jews to recover the same paying to the King for a fine for such Letters and Licence to sue unum basantum or besantum as it is variously written for every pound of money he sued for as appears by sundry instances in the fine Rolls both of King Iohn Henry the 3. and Edward the 1. of which we have these 3 instances together in the fines of the 6 year of King Iohns reign Isaac filius Joie habet literas super Martinum Martel de xxv marcis cum lucro per Cirografum Elias de Burgi Judaeus habet literas super eundem Martinum Martel de xx libris cum lucro per Cirografum Manasserus Grassus habet literas super eundem Martinum Martell de xxiiii marcis cum lucro per Cirografum Dominus Rex DEBET HABERE DE QUALIBET LIBRA UNUM BASANTUM And in the same Roll of this year there is one more such president Mosse Judaeus fil Leonis habet literas super VValterum fil Radi de Huncetanosiot de xlviii marc cum lucro per Cirografum Capiatur de qualib libra 1 Besantum ad opus Domini Regis In the Treasury of Receipts in the Exchequer in the xth year of King Iohn there is this Record touching the manner of proving the validity of the Jews Charters if denied or alleaged to be counterfeit by the testimony of