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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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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
which agrees with that in Holinshed he being thrust out and meeting his Father standing before the door expecting the event being animated against him said O Son of death and fewel of eternal perdition is not thine own damnation sufficient for thee unless thou also cast me headlong into it together with thee But God forbid that I to whom Christ is now revealed should ever acknowledge thee henceforth for a Father because the devil is thy father I have omitted in this second enlarged Edition of my Demurrer no passage to my knowledge in any of our Historians relating to our former English Iews reciting them all in a Chronological Order in the Historians own words quoted in the Margin only I finde sundry Records concerning them which I shall supply by a subsequent Appendix by themselves to gratifie those who bought the first Edition whom their insertion into this might have injur'd Herein I have only briefly touched not handled the great Question of the general calling conversion of the Iewish Nation to the Faith of Christ towards the end of the world for which I cannot finde any satisfactory grounds in Scripture That Text of Levit. 26.41 to 46. on which some build their general call having these two clauses in it that seem strongly to oppose or make it very dubious v. 41. IF THEN their uncircumcised heart be humbled and that they accept of the punishment of their iniquity c. v. 46. I will not cast them away neither will I abhor them to DESTROY THEM UTTERLY And that other Text of Rom. 11. whereon others most rely having this conditional passage express clauses against it v. 23. And they also IF they abide not still in unbelief shall be grafted in for God is able he saith not resolved to graffe them in again And v. 3 to 8. I have reserved to my self 7000 men c. Even so then at this present time there is a Remnant according to the election of grace c. But the Election hath obtained it and the rest were hardned or blinded Which compared with Rom. 9.27 29. Isaiah also saith concerning Israel Though the number of the children of Israel be as the sand of the Sea yet a REMNANT of them only shall be saved Except the Lord of Hosts had left unto us A SEED A VERY SMALL REMNANT so Isaiah calls it we had been as Sodom c. will necessarily evince that Rom. 11.26 And so all Israel shall be saved c. on which they ground this general call must be intended onely of all this small elect remnant of the Israel of God and seed of Abraham according to the faith not flesh Rom. 4 11 12 13 14 15 16. Gal. 3.7 8 9 14 16. Ga. 6.16 of all such who are Jews inwardly and have the Circumcision of the heart Rom 2.28 29. not of the whole Jewish Nation whose servants I fear we●e as few under the Gospel as the Gentiles Converts and Proselytes under the Law And those who will strain that Text further must necessarily aver not only an Universal Calling but likewise Salvation and taking away the ungodliness and sins of the whole Nation then by Christ of which that Text only speaks not only contrary to these forecited Scriptures and Gods dealing with all other Churches Nations but to Jer. 3.14 I will take you one of a City and two of a Tribe and I will bring you to Sion Mat. 21.16 Many are called but few chosen few saved Mat. 7.14 Luke 13.23 Therefore for any to call in the Jews among us upon this surmise of their general approaching Conversion is a strange Solecism both in State-Policy and Christianity especially in this age wherein that Speech of Waltramus Bishop of Naumburge is most truely verified Diabolus videns Idola derelicta per nimium credentium populum sedes suas ac templa deserta excog●itavit novam fraudem ut sub ipso Christiani nominis titulo fallat incautos haeresesque invenit schismata quibus subverteret fidem corrumperet veritatem Exinde divisa est Ecclesia divisa sunt Ecclesiae Sacerdotia atque omnia scandalorum orta sunt genera Exinde crevit grave diuturrum bellum non solum civile bellum sed plusquam civile bellum factae sunt absque divino pariter humano respectu vastationes Ecclesiarum caedes hominum Exinde etiam corruptae sunt divinae pariter humanae leges sine quibus non subsistit vel Dei Ecclesia vel Imperii Respublica ex inde violata est fides publica Catholica exinde etiam illa crevit injustitia ut pro veritate falsa testimonia pro fide Catholica abundent perjuria ut post quam Leges bello silvere coactae impleaturiam ista Domini sententia per Osee Prophetam Non est veritas non est misericordia non scientia Dei in terra maledictum mendacium homicidium furtum adulterium inundaverunt sanguis sanguinem tetigit Ipse Diabolus videtur nunc de carcere suo solutus esse Hinc publicae civium contra Cives congressiones aliis pro pastoribus legitimis aliis vero contra pastores dimicantes as he and Gerhobus Richerspergensis writ of Pope Hildebrands dayes If any man chance to censure me as overharsh or earnest in my expressions against the Jews I hope that speech of their royal Prophet a man after Gods own heart Ps 139.20 21 22. Do not I hate them O Lord that hate thee and am I not grieved with those that rise up against thee I hate them with a perfect hatred I count them mine enemies for they speak against thee wickedly depart from me therefore ye bloody men will apologize for me especially seeing their Proposals are Not only to be admitted and received into our Commonwealth under the protection and safeguard of our Governours AS THE NATIVES THEMSELVES and that all the Heads and Generals of Arms may take an Oath to defend them upon all occasions that they may be permitted to traffick freely in all sorts of Merchandize as others but to be judged by their Judges in differences between themselves according to the Mosaick Law And to be allowed PUBLICK SYNAGOGUES not onely in ENGLAND but also IN ALL OTHER PLACES under our power and TO OBSERVE IN ALL THINGS THEIR RELIGION AS THEY OUGHT That in case there have been any Laws against their Jewish Nation they may IN THE FIRST PLACE and BEFORE ALL THINGS BE REVOKED A clear evidence of an intended design in them only to set up their Synagogues of Satan Judaism Jewish Ceremonies in the highest degree amongst us as lawful in direct opposition and subversion of our only Lord Saviour Redeemer Mediator Jesus Christ his Person Offices Kingdom Gospel and Christianity it self without any thoughts of turning Christians themselves As Manasseh Ben Israel his printed Addresses most fully discovers In which case
held in Lent the young men and Souldiers who had taken upon them the sign of the Crosse and were then ready to go to Ierusalem with the King assembling together there out of divers counties disdaining that the Jews being the enemies of the crosse of Christ possessed such great store of goods and wealth when as they had not sufficient to defray the necessary expences of so great a journey and imagining that they should do God good service if they assaulted these his enemies boldly rushed upon them no man opposing himself against so great attempts whereupon divers of the Jews were slain and the rest being received into the castle hardly escaped with their lives their goods being all plundered and the plunderers departing freely away with their booty none of them being so much as questioned or punished by the Kings discipline The citizens of Lincoln hearing what was done to the Jews of Stanford taking occasion and being animated by the examples of others were willing to do something against them and being assembled together against the Jews inhabiting together with them became inraged against them But these Jews being made more wary by the slaughters and damages of others some few of them suffering harm and damages the rest fled timely with their monies into the Royal Fort and there secured themselves In all other places wheresoever the Jews were found they were pillaged and slain by the hands of the Pilgrims who hastning through England towards Ierusalem decreed to rise up first against the Jews before they invaded the Saracens Hereupon all the Jews who were found in their own houses at Norwich were slain on the 8 of February some few of them only escaping to the Castle At the same time the Nobles and Gentry of Yorkeshire nothing fearing the Kings Proclamation the wicked Jews having by Usury reduced them to extreme poverty joyning with them some holy foldiers brake up the Houses of the chief Jews equal to the Kings Palace slew their families spoild their Goods burnt their houses in the night then retired themselves to their homes in the dark After which the promiscuous multitude making an assault upon the Jews slew them without distinction of sex or age except some few who would give up their names to Christ in baptism to save their lives On the 18 day of April being Palm-Sunday the rest of the Jews in the City of Yorke being 500 men and women besides their children fearing the violence of the Christians shut up themselves within the castle of Yorke by the will and consent of the Guardian thereof and of the Sheriff who being thus received into the castle for their defence by the Guardian and Sheriff would not afterwards deliver it up unto them again Whereupon the Sheriff and keeper of the castle being much offended with them assembled the souldiers of the county and men of the city that they might free the castle from those Jews exhorting them to do their utmost endeavors to effect it who when they had assaulted the castle day and night the Jews offered a great summ of money to save their lives but all in vain the people being so incensed against them that they would not accept it whereupon a certain Iew skillfull in their Law stood up and said Men of Israel hearken to my counsel It is better for us to die for our Law then to fall into the hands of the enemies of our Law and our very Law commands the same thing Upon which all the Jews as well women as men consented to his counsel and every Father of a family going with a sharp razor first of all cut the throats of his own wife and children and then of his family casting the dead corps of those whom they had thus sacrificed to Devils over the castle walls upon the Christian people After which burning their rich cloathes and casting their golden Vessels and Jewels into Privies that the Christians might not be inriched by them these murderers shutting up themselves and the rest they had killed in the Kings house set it on fire and so burnt both themselves and it After which the Citizens of Yorke and the souldiers of the county burning all the Jews houses together spoiled their goods seized their possessions to themselves and burn'd all the charters of their debts The King being informed hereof and much incensed both for the contempt of his Royal proclamation and Authority and dammage to his Exchequer to which all the Goods and Debts of the Iews being Usurers belonged commanded his Chancellor to inflict due punishment upon the authors of this Sedition Whereupon after Easter the Bishop of Ely the Kings Chancellor gathering a great Army together came to Yorke to apprehend those as malefactors who had destroyed the Jews of the city And understanding that this was done by the command of the Sheriff and Governour of the castle he put them both from their Offices and took sureties from the Citizens of the City for to keep the Peace of the King and kingdom and to stand to the Law in the Kings court concerning the death of the Jews and commanded the Souldiers of the County who were at the destruction of the Jews to be apprehended but the chief of them flying into Scotland escaped not one of them all being put to death for this great Massacre and Riot Henry de Knyghton De Eventibus Angliae l. 2. c. 13. gives this censure of these slaughters popular tumults against the Jews The Zeal of the Christians conspired against the Jews in England but in truth not sincerely that is for the cause of faith but either out of emulation and envy because of their felicity or out of gaping after their goods The Justice truly of God not at all approving such things but decently ordering them that by this means he might punish the insolency of a perfidious Nation He likewise addes that one Iohn a most bold Christian flying from Stanford with many spoyls of the Jews to Northampton was there secretly slain by his Host to get his money and thrown without the city in the night the murderer flying thereupon After which through the dreams of old women and fallacious signs the simple people attributing to him the merits of a martyr honoured his Sepulchre with solemn vigils and gifts This was derided by wise men yet it was acceptable to the Clerks there living by reason of the gains Which the Bishop hearing of presently unsaincted him and prophaned the Monuments of this false martyr continued by the study of simple and covetous persons I wish no such plunderers as this might be saincted and adored in our age as too many of them are even before their deaths who will be un-saincted after them as well as this bold plunderer of the Jews Mr. Fox in his Acts and Monuments Vol. 1. p. 305. relating the story of the massacres of the Jews this year out of the Chronicle of Westminster saith That there were no less than
made but in 18 E. 1. when they were forthwith banished and not in 3. before their exile as our Historians affirm who are only to be credited in this case because all the Parliament Rolls of this Kings reign and before are utterly lost and this very Statute de Iuda●smo not extant on Record in the Tower or elsewhere nor any other Statutes made in his or his Ancestors reigns all lost as well as that of 18 Edw. the 1. for the Jewes Banishment as the Clerks and Keepers of the Records informed me upon my searches after them 3ly No Record nor Historian mentions that the Jews voluntarily banished themselves upon the making of this Law and their voluntary departure hence upon the publication of it could not be stiled a Banishment since Cornelius Tacitus resolves Exilium non est ubi quis abit non Senatus consulto non Lege pulsus This their banishment therefore must necessarily be by an express Law or Decree of Parliament 4ly The forecited Historians record that the Jews but a few years before gave King Edw. the 1. a vast summ of money full 12 years after this Statute De Judaismo made in the 3. of his reign to prevent their banishment hence urged by the Commons in Parliament in the 15 year of his reign with the profer of the 5 th part of their goods to the King for their banishment Therefore it is very improbable they would in 18 E. 1. full 15 years after this Statute voluntarily banish themselves only because their Usury was so long before exiled by it 5. All the forecited Historians of those and of later times who are more to be credited then Sir Edward Cookes singular groundless opinion unanimously record that the Iews were all judicially really expelled banished the Realm in 18 E. 1. both by the King and Parliament and that principally for their infidelity not Vsury and other fore-alleged reasons and commanded under pain of hanging by a special Decree and Edict to depart hence by a prefixed day for the effecting and hastning whereof the Commons gave the King a fifteenth Ther●fore they were all precisely banished by the King and Parliament not by themselves alone 6. The King then banished them out of England upon the same grounds and in the self-same manner as he had newly banished them the year before out of Gascoigne and all his Dominions in France as Matthew Westminster Walsingham and others record But then and there he banished their persons by an express Decree not only for their Vsury but chiefly for their Infidelity and Enmity to Christs Cross Therefore he did the like in England 7ly All Usury in all persons whatsoever was strictly prohibited and quite banished out of England long before this Statute De Judaismo which was but a meer confirmation of former Lawes with particular relation to the Jews not an introduction of any new Law The clearing whereof nor impertinent to my Theam against Jewish Usurers will most fully discover Sir Edward Cooks mistake to the very meanest capacity The famous Council of Calchuth Anno Dom. 787. under King Alfwood and King Offa condemned all usury in these terms c. 17. Vsuras quoque prohibemus dicente Domino ad David dignum fore habitatorem Tabernaculi sui qui pecuniam suam non dederit ad Vsuram c. After which King Edward the Confessor enacted this Law against Usury about the Year 1050. ratified by William the Conquerour in the fourth year of his reign Usurarios quoque defendit rex Edwardus Ne remaneret aliquis in toto regno c. si qu●s inde conv●ctus esset qu●d f●r●ns ex●ger●● omni substantia propria careret pro Exlege haberetur Hoc autem asserebat ille Rex se audisse in Curta Regis Francorum dum ibidem moraretur quod Usura summa radix est omnium v●tiorum This Law precisely banished all Usurers with their Usury out of England and confiscateth all their goods to the King as Outlaws upon conviction If therefore there had been any Jewish Usurers in England in St. Edwards reign as the spurious Law just before it in Spelman Hoveden forecited pretends they had all been expresly banished the land by this Law and never permitted to reside therein above 270 years before the Stat. de Judaismo was enacted In the Council of London Anno 1128. 25 H. 1 and in the Council of Westminster Anno 1138. the 3 of King Stephens reign All usury was prohibited under pain of deprivation both from Office and Benefice in Clergy men By virtue of which laws and Canons all the goods of Usurers became forfeited to our Kings after their deaths they excōmunic●ted persons This is evident by the words of Ranulp de Glanvil a famous Lawyer under King Henry the 2. De legibus consuetudinibus Regni Angliae lib. 7. c. 16. where thus he writes Usurarit verò omnes res sive testatus sive intestatus decesserit DOMINI REGIS SUNT Vivus autem non solet aliquis de crimine usurae appellari nec convinci Sed inter caeteras Regias Inquisitiones solet inquiri probari aliquem in tali crimine decessisse per duo decim legales homines de vic●neto per eorum Sacramentum Quo probato in Curia omnes res mobiles and omnia catalla quae fuerunt ipsius usurarii mortui Ad usus domini Regis capientur penes Quemcunque inveniantur res illae Haeres quoque ipsius hac eadem de causa exhaeredatur secundum jus regni ad Deminū vel Dominos revertetur haereditas Sciendum tamen quod si quis aliquo tempore Usurarius fuerit in vita sua super hoc in patria publice defamatus si tamen a delicto ipso ante mortem suam destituit poenitentiam egerit post mortem ipsius ille vel res ejus lege Usurarii minime censebuntur Oportet ergo constare quod usurarius decesserit aliquis ad hoc ut de eo tanquam de usurario post mortem ipsuis judicetur de rebus ipsius tanquam de rebus usurarii disponatur which he likewise affirms for Law in that age lib. 10. c. 3.8 Therefore usury in that and former ages was equally prohibited to all as well Jews as English under pain of forfeiture of all their real and personal estates to the King and their inheritances to the Lords in case they died usurers And if the Jews had not been within the compass of these Laws but might have freely exercised usury when the English could not they had been in this respect in far better condition than the native English when as the forecited law concerning them resolves us Iudaei omnia sua Regis sunt both in this Kings reign and before upon this account amongst others because they were known Usurers This Law continued still the same in succeeding ages as is most apparent by Cap●tula placitorum
except only to Popery and Prelacy yet certainly it can no ways extend to the toleration or protection of Iews and their Antichristian blasphemies against Christ himself and the Gosple seeing they are so far from professing faith in Iesus Christ that they utterly renounce and professedly decry him to be the true Saviour and Messiah of the world rejecting the whole New Testament and Doctrine of the Gospel and so by consequence are necessarily secluded by this Instrument and Oath for its observation from practising their Jewish worship Ceremomies or erecting any Synagogues in our Nation for that purpose 2ly Though the Kings of England by the Law and their Prerogative may in sundry cases erect New Corporations of their Subjects by their Charters only yet notwithstanding no Corporation or Fraternity of Iews being meer Aliens may can or ought to be erected in England by the Fundamental Lawes and Constitutions of the Realm but only by full consent of the Nation in Parliament by special Acts of Parliamennt it being one of the greatest Intrenchments that can be upon the English Nations Rights Liberties Customs priviledges profit and a violation of all the former Charters Previledges Rights Franchises confirmed to them by the great Charter of England forty times since ratified by new Acts of Parliament This is evident by the Statutes of Magna Charta c. 9.37 34 E. 1. c. 4. 1 E. 3. c. 9. 14 E. 3. c. 1. 1. H. 4. c. 1. 2. H. 4. c. 1. 7. H. 4. c. 1. 9. H. 4. c. 1. 13. H. 4. c. 1. 3. H. 5. c. 1. 2. H. 6. c. 1. compared with 2 E. 3. c. 9. 27. E. 3. c. 1. to 29. 28 E. 3.13.15 39. E. 3. c. 7 19 H. 7. c. 12 and all other Acts for the Staple and Styliard and with 3. E. 4. c. 6. 1. R. 3. c. 9. 14 H. 8. c. 2. 21 H. 8. c. 16. 22 H. 8. c. 8. 32 H. 8. c. 16. touching Artificers M●rchants and Aliens 3ly The preambles of the Statute of Merton 20 H. 3. 3 E. 1. with c. 17.48 6 E. 1. of Quo Warranto and of Glocester 13 E. 1. 12 E. 2. of York 9 10 14 15 25 28 36 37. E. 3.1.3 6 7 8 10 11 12 13 14 21. R. 2.1 2 4 6. H. 4.1 8 10 12. 36. H. 6. 18 E. 3. c. 1 2 3. R. 2. Rot. Parl. n. 36 40. 6 H. 6. c. 5. and other Acts declare and resolve That the Kings of England by their Oath and Duty and the Lords and Commons in Parliament are all obliged by their trusts and our Laws to advance uphold maintain and defend the welfare wealth safety of the Church Realm Subjects People of England and to prevent redresse suppresse remove by wholesom Laws and Ordinances all Grievances Mischiefs Damages Inconveniences Disinherisons contrary thereunto it being a fundamental Maxime both in our Laws and Law-Books SALUS POPULI SUPREMA LEX which the Army Officers in their Declaration of 16 Novemb. 1648. and Mr. John Pym in his Speech against Strafford 12 April 1641. p. 3. c. printed by the Commons special Order much insist on Moreover it is another Maxime in our Law Summa ratio est quae pro religione faecit Now the admission of the Jews into England as appeareth by the Statute de Judaismo and premised Histories is no way consistent with the welfare profit wealth safety of the Church Realm Subjects People or Religion of England and will be an extraordinary damage mischief grievance inconvenience and disinherison to them all Therefore prohibited enacted against by the general scope of all these Laws and Maxims and no ways to be admitted 4ly The Jews heretofore in England and still in all other parts being most grievous Clippers coyners forgers of money Vsurers Extortioners and the greatest cheators cozeners Impostors in the world in all their Merchandizes and Manufactures whatsoever upon this accompt they are and ought to be still excluded and never re-admitted amongst us by the provisions of all our Laws yet in force prohibiting clipp●ng coyning usury extortion frauds deceipts in any Merchandizes or Manufactures whatsoever unless we intend to have them now more practised by them and others among us than ever heretofore The rather because they were never admitted free Trading and Habitation in England by any of our Laws touching Alien Merchants and Artificers free Traffick amongst us from the time of their forementioned banishment till this present under the Name and Notion of Jews Foraign Merchants or Artificers And therfore not to be adm●tted to those new desired priviledges from which all these forecited Laws in my weak Judgement with the former old Parliamentary Judgement and Edict for their perpetual banishment in Law Justice Conscience still debarre them re-admittance til repealed and they if ever readmitted against all these Acts and Statutes must be introduced re-setled by special Acts of Parliament which no English Parliament in probability will ever indulge unto them as the peoples general present declamations in all places against their endeavoured introduction prognostick And thus much I thought meet to inform the Nation touching those Laws and Statutes which in my poor opinion directly or by consequence oppose their re-admission and refute those Lawyers mis-information who confidently averred there is no Law of England at all against it if Mr. Nye did truly inform me 2. For Scriptures these Texts may resolutely engage us against their re-admission 1. Matth. 5.13 Luke 14.34 35. Salt is good but if the salt have lost its savor w●erewith shall it be seasoned It is neither fit for the land nor yet for the dunghil but to be cast out and to be trodden under foot of men This is the condition of the Jews who have lo●t both their Saviour and their favor too Therefore not fit for our land nor yet for our dunghils but to be kept and cast out from amongst us and trodden under foot of all true Christian men whiles unbeliever s. 2. 1 Cor. 16.22 If any man love not the Lord Jesus Christ let him be Anathema Maranatha That is separated and cast out from all Christian society and communion until the day of Judgement the highest kind of Jewish Excommunication Now the Jews are such who doe not only not love but deny defie and hate our Lord Jesus Christ in the highest degree Therefore to be excommunicated and secluded from our Christian communion and cohabitation amongst us to which they can pretend no right 3. 2 Cor. 6.14 15 c. Be ye not unequally yoaked together with unbelievers for what fellowship hath righteousness with unrighteousness and what communion hath light with darkness and what concord hath Christ with Belial and what part hath he that believeth with an Infidel and what agreement hath the Temple of God with Idols c. Wherefore come out from among them and be ye separate saith the Lord and touch no unclean thing and I will receive you The
domorum et terrarum et quantitatem praedictorum debitorum ita quod interim cessent usurae which here one Jew took of another T. R. apua Winton 11 die Jun. Hen. the 3 in the 21 year of his reign gran●ed the Presbyt●ry of all the Jews of England which I conceive to be rather the Custos Rotulorum or Controlers place in the Kings Exchequer of the Jews than the Priestly function as this Record attests Mandatum tst Iusticiariis ad custodiam Iudaeorum assignatis Quod Rex concessit Aaron Iudaeo Ebor. Presbyteratum omnium Iudaeorum Angliae cum omnibus pertinentiis suis tenendum tota vita sua Et quotiens Aaron intendere non possit ad sedend ad Scaccarium Regis ad officium illud therefore certainly it was a temporal office in the Kings Exchequer not an Ecclesiastical Priesthood in the Jewish Synagogues Ioceu fil Copin loco suo recipiat ad ea facienda ad Scaccarium regis quae ad officium illud pertinent therefore a temporal office only to be executed in the Exchequer and that by Deputy as well as in proper person which the Jewish High Priesthood could nor be Rotulos etiam qui fuerunt Joc●i Presbyteri praedecessoris sui his Office therefore was to keep the Rolls as Comptroler eidem Aaron vel praedicto attornato suo habere faciant T. Rege apud Clarendon 29 die September Which record together with that of Claus 27 H. 3. ●ars 2. m. 3. hereafter cited doth most fully convince me upon second thoughts that the Presbyteratus omnium Iud●orum totius Angliae granted by King Iohn's Charter forementioned in the 1 year of his reign to Iacob the London Jew was not an ecclesiastical high Priesthood E●●scopacy or Priestly Aaronical Function but exercised over all the English Jews in their Synagogues as Sir Edward Coook Mt. Selden Mr. Purehas Dr. Fuller and others generally assert as a thing beyond disspute whose venerable Authorities at first induced me to that opinion but a meer secular Office in the Kings Exchequer of the Jews to keep the Rolls of Comptroll which this Aaron had now granted to him in the self-same words as are used in King Iohns Charter and his Predecessors before and successors after him enjoyned by like Charters from the K. A thing now clear to me upon consideration that the Jewish Priesthood in the old and new Testam Latin Authors and Records is never stiled Presbyteratus but Sacerdetium nor their Priest not High Priest Presbyter omnium Iudeorum but Sacerdos Pontifex max. summus Sacerdos c. and upon my comparing of several records together since the 3 4 and 5. pages of this second Demurrer printed which I could not transcribe nor compare together till afterwards that it is past all dispute This year the King imposed a Tax of ten thousand marks upon the Jews from the immediate payment whereof no Iew was to be excused or respited but by the Kings special Writ as these two Records informe us in this very year Mandatsm est Iusticiariis ad custod Iudaeorum assignatis quod de arreragiis Tallagii Iudaeorum de 10 mille marc quae colligi precipit rex nullos Iudaeos quietos esse permittant nisi Tallagium illud ad Scac. regis pacaverint vel literas regis de quietancia inde habuerint vel aliud rationabile Warrantum producant quod eis de jure sufficere debeat Teste Rege apud Marleburge 13 die December Rex quietum clamavit Aaron Iudaeum Ebor. de plegiag 10 mil. marc de Tallagio posito super Iudeos unde idem Aaron fuit unus de 10 plegiis In cujus c. T. R. apud Westm 18 die Iunii per Archiepisc Ebor. It seems 40 rich Iews were pledges to the King for the due payment of this 10 thousand marks Tallage whereof Aaron being one was now discharged by this royal instrument Some Iews in Oxford were this year imprisoned for forcibly taking away a Iewish child converted and baptized who b●ing afterwards found they were released by this writ Mandatum est Constab Oxon quod omnes Iudaeos quos cepit et captos tenet in Castro Oxon occasione cujusdam parvi conversi et baptizati qui dicebatur per ipsos Iudaeos raptus esse et qui jam inventus est apud Oxon sine dilatione deliberet Teste Rege apud Westm 4 die Novem. In 22 H. 3. there was a new heavy Tax imposed on the Jews which some Jews in Bristol to avoid thought to flie the Land whereupon they were there imprisoned and at last released upon giving security not to depart the Realm and to pay the Tax as this record attests Mandatum est Constabul Bristol quod si Lumbard et Isaac Iudaei Bristol capti et in prisona Bristol detenti eo quod fugere volebant è terra Regis fecerint eum securum quod moram facient in terra Regis et quod reddent in medio quadragesimae Ann. c. 22. id quod ad eos pertinet de Tallagio Regis tunc eos ita deliberet è prisona T. R. apud Westm 5 die Martii There are several records this year for extending lands for the Debts of Jews take one for a president of the rest Mandatum est Justieiariis ad custod Judaeorum assignatis quod extendi faciant terram Roberti de Ardern quae est vadium Crispini aliorum Judeorum et secundum valorem et quantitatem debiti rationabiles terras eos habere faciant T.R. apud Merleburge 25 die Martii The like extent mutatis mutandis is granted this year against the lands of William Marschal In the Clause rolls of 22 H. 3. in the Dorse of the Fine roll of 23. I find this notable case in Law reciting and expounding the Statute of Merton 20 H. 3. c. 5. concerning Usurie made but two years before it * Rex Vic. Ebor. salutem Ostendit Regi Ric de Watervill quod cum in Curia Regis coram Justiciariis suis apud Westm per considerationem ejusdem Curiae recuperasset versus Rogerum de Colevill custodiam terrae quae fuit Odmelli de Albano in Dalton usque aetatem haeredis ejusdem Odmelli Aaron de Ebor. Judaeus cujus vadium dicta terra dicitur esse postea per Breve Regis recuperavit seisinam ejusdem terrae tanquam vadium suum Quia vero Rex generaliter concessit in regno suo quod haeredibus infra aetatem existentibus non currant usurae super terras suas quae vadia sint Judaeorum nec hujusmodi invadationes auferre debent Dominis feodorum custodiam terrarum quae de eis tenentur per servicium militare Mandatum est Vic. Ebor. quod praedict Nicho. de praedicta terra nomine custod talem seisinam faciat qualem inde habuit antequam praedicto Judeo per praeceptum Regis seisinam inde habere fecit T. R. apud Windsore 17 die Junii If Sir Edw
was joyned upon Non est factum concerning any of their Stars or Deeds the entry upon the trial by 6 sworn legal Christians and Jews in those Rolls was usually in this form Et Inquisitio inde venit à die Pasche in tres Septim nunc per Thomam Clinch Johannem Hubbard Abraham Sampson c. et alios probos et legales homines Iudaeos expressing all their names Qui dicunt super Sacramentum suum quod praedictum STAR est factum praedicti Solomonis et litera Ebraica manu sua p●opria signatum quod dictum STARRUM fecit tempore quo habuit liberam administrationem bonorum suorum c. I shall transcribe only one of these Records as a Pattern of most of the rest whereby the form of the Legal Process and Proceedings before the Justices assigned for their Custody will be more fully manifested to the Readers together with the forme of their Stars of Relea●e Cum Alicia quae fuit Uxor Clementis de Poringland districta fuisset pro xl s. ad opus Regis de Debito Gente quae fuit uxor Ayey fil Deulegin Eadem Alicia venit et clamat habere quiet antiam de dicto debito per quoddam STARRUM coram c. in haec verba Isaac filius Jurn et Muriel Leveske Judaei redantur quod Gente de Glocest concedit quod Alicia quae fuit uxor Clementis de Poringland et haeredes sui quieti sint de ipsa et haeredibus suis de omnibus Demandis Calumniis Placitis a creatione seculi usque ad Pentecosten Anno Edwardi 4to Et si aliquis Judaeus homo vel faemina quid exigat vel calumniatur versus praedictam Aliciam occasione alicujus Debiti quod eidem Gente debebat a principio seculi usque ad praedict festum Pentecost supradict Gente eam est acquietare defendere warrantizare Et praedicti Jud●i testantur quod eadem Gente spontanea voluntate hoc recognovit et quod istud STARR est factum pr●dictae Gente factum quo tempore habuit liberam administ ationem bonorum suorum et petit quod inquiratur Ideo praeceptum est Vicecomiti quod venire faciat coram Justiciariis sex probos et legales homines Christianos et sex legales Iudaeos de Civitate Norwic. ad dies c. Et quia constat per praedictam Inquisitionem upon the trial quod praedicta Alicia quiet●i est de praedicto debito per praedictum STARR quod est factum ipsius Gente de debito tempore factum c. Consideratum est quod de praedicto debito xl s. cedat quieta c. The like trial is in Rotulo 5. of this term in dorso Kanc. Eustachius de Peckham and Rot. 6. Suthampt. between Solomon ben-Solomon and others with sundry more overtedious to insert since I intend not to be a Reporter of all their Cases but only of the form of their Law proceedings for which these with the former Instances may suffice In the same 9th year of King Edward the 1. I find these Records relating to the Jews in the Clause and ●●tent Rolls in the Tower of London The first of them in time is concerning a fine made with the Kings Commissioners by a Jew which another Jew undertook to satisfie for him to the King whereupon there issued this Writ to the Receiver of their goods Rex dilecto Clerico suo Philippo de Wyleby Nuper Receptori bonorum Iudaeorum dampnatorum in diversis Comitatibus salutem Quia Aaron filius Vynes Iudaeus London manucepit solvere nobis 40 s. in quibus Abraham fil Elye filii Magistri Mossei Iudaei London et quinque Marcas in quibus Mosseus fil Hugonis nobis tenentur pro fine quem nobiscum fecerunt coram dilectis fidelibus nostris Stephano de Penecestre sociis suis tunc Justiciariis nostris ad Placita de Transgressionibus monetae nostrae andiend et terminand assignatis pro Transgressionibus monetae Vobis mandamus quod praedict Abraham de praedict 40 s. et praedict Mosseum de praedict 5 marcis quietos esse facias Et scire facias Justiciariis nostris ad custodiam Iudaeorum assignatis quod praedict 40 s. 5. marc decidant praefato Aaron in debitis quae eidem Aaroni concessimus in recompensationem cujusdam debiti in quo Galfridus Pecche eidem Aaroni tenebatur Et quod idem Aaron carissimae Consorti nostrae et Alianorae Reginae Angliae nuper remisit T.R. apud Westm 28 die Maii. The like writ in effect issued for Sarra a Jewesse of London concerning a like Fine the same year to the Treasurer and Barons of the Exchequer Rex Thes et Baronibus suis de Scaccario salutem Cum Sarra de London Judea Northampt teneatur nobis in quinque marcis per quas finem fecit nobiscum coram dilecto Clerico nostro Hugo de Kendale ad hujusmodi fines recipiend nuper assignat pro Hak fil ejus Judeae pro quibusdam transgressionibus monetae eidem Hak impositis ut dicitur ad quarum solutionem bona et catalla ipsius Sarrae ad presens non sufficiant ut accepimus Nos paupertati ejusdem Sarrae quae occasione debiti illius in prisona nostra Northampt. detinetur compatientes et in co super hoc gratiam facere volentes Concessimus eidem Sarrae quod de illi● 5 marcis solvat nobis per annum ad Scaccarium nostrum viz. ad Scacc. nostrum Pasche prox futur unam marcam et sic de anno in annum ad eundem terminum unam marcam quousque dictae 5. marcae nobis fuerint persolutae Et ideo vobis mandamus quod eidem Sarrae terminum illum habere et sic fieri et irrotulari faciatis ipsam Sarram a prisona praedicta si ea occasione et non alia detineatur in eadem sine dilatione deliberari faciatis Teste Rege apud Winton 12. die Octobris The Jews by the custome formerly used and the Statute de Iudaismo could not sell any of their Houses no more than their debts without the Kings special license first obtained in writing for which take this president of the foresaid year Rex omnibus ad quos c. salutem Sciatis quod de gratia nostra speciali dedimus licentiam Samueli de Eborum Judaeo London vendendi cui voluerit quoddam Messuagium suum in Civitae Ebor quod est in vico de Conyng-street inter domum Paulini de Munbray ex una parte et domum A de Verdeuel ex altera dum tamen idem Sam messuag illud ad manum mortuam non ponat contra formam Statuti nostri Dedimus etiam licentiam ei qui Messuag illud ab eodem Samuele emere voluerit illud emendi prout magis viderit expedire nisi Messuag illud fit Escaeta nostra vel alio modo jus habeamus in eodem In cujus c. Teste
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