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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

malitious potent vexatious Adversaries will be utterly abolished by Salt Peters new Firework to burn all our old Records to ashes 4ly Whereas this Ignoramus in our 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 serions 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 Stares All particulars concerning Merchants Merchandise Trade Coyn Bullion 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 Records 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 Conductmoney 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-Modles 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 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 both in England Wales Ireland Scotland Gascoyne Normandy Poyters the Isles of Man Gernsy Iersy Alder●y 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 War 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 Guilds Nobility Gentry Freeholders of England Ireland Wales Scotland and all Dominions 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 some 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 never exactly knew not understood In brief the exact knowledge of our

two Christians and two Jews c. according to the forementioned Charter of King Iohn Inter Placita apud VVestm Anno x Regis Johannis Termino Hilarii in Octabis Sancti Hilarii Rotulo 9 in dorso Samuel Mucun Muriel Judaea petunt versus Herebertum filium Heb. CCCCl de Catallis de debito Israel per quandam Cartam et producunt duos Christianos duos Judaeos paratos ad hoc probandum prout Curia consideraverit Herebertus dicit quod Carta illa falsa est ideo falsa quia Sigillum illud nunquam suum fuit nec Cartam illam fecit nec pecuniam illam mutuo recepit producit Sigillum suum Eburneum plurimas Cartas Sigillo illo Sigillatas tam de Abaciis quam de confirmatione terrarum And hereupon I find no further proceedings in this Record printed a little out of its due place before these ensuing proceeding it in time could be transcribed It seems every Jew in that age had his proper Seal to Seal Charters Stars and Obligations therewith which yet were good in Law if really sealed by him though with any other Seal than his own In the 5 year of King Iohn the Jews of London being assaulted disturbed and misused by the people against the Kings protection and peace thereupon the King at their request sent this sharp Letter to the Mayor and Barons of London committing the Jews there to their protection and defence and threatning severely to punish and require their blood at their hands if they should suffer any injury through their default Rex c. Majori Bar. London c. Semper dileximus vos multum jura libertates vestras bene observari fecimus unde credimus vos nos specialiter diligere ea quae ad bonorem nostrum pacem tranquilitatem terrae nostrae eduntur libenter velle prestare Verum cum sciatis quod Judaei in speciali nostra protectione sint miramur quod Iudaeis in civitate London morantibus malum fieri sustinetis cum id manifeste sit contra pacem Regni terrae nostrae tranquilitatem Ita quidem magis miramur et movemur quia alii Iudaei per Angliam ubicunque moram fecerunt exceptis illis qui sunt in villa vestra in bona pace consistunt Nunc id tamen diximus pro Iudaeis nostris pro pace nostra quia si ●uidam tantum pacem nostram dedissemus debetur inviolabiter observari De caetero autem Iudaeos in civitate London morantes vestrae committimus custodiae ut si quis eis malum facere attentaverit vos manu forti eis subsidium facientes eos defendatis Vestris enim manibus eorum sanguinem modo requiremus si forte per defectum vestri aliquid mali eis acciderit quod absit Scimus enim bene quod per fatuos Villae et non per discretos hujusmodi eveniunt et debent discreti fatuorum Stultitiam compescere Teste meipso apud Montem fortem 29 die Julii This smart Letter demonstrates the Kings cordial affection to the Jews though more for his own advantage than theirs In the Fine Rolls of the 6 of King Iohn I find this Kecord Galfr. de Salvage dat 10 Mar. ut Willus de Hardreshal acquietet ipsum versus Jacob. Iudaeum Northampton de plegagia debiti unde pleg Willi. fuit versus eundem Iudaeum et unde queritur quod pro defectu ejus distringitur Et mandat est licent quod si ipse Willus non fuerit et ipse Galfr. ips sect c. In the Clause Rolls of the 7 9 years of K. Iohn I find these 3 short records manifesting the Kings power both to remit their usury due upon contracts and to respite their debts themselves Rex Constabulario Wallingford c. Praecipimus tibi quod pacem habere facias Roberto de Maure de usuris debiti Iudaeorum de termino quem monstrare poterit quod fuerit in servicio nostro cum equis et armis ultra mare per praeceptum nostrum Teste meipso apud Wodestoke 25 die Maii per Iusticiarios Rex W. de Warren et sociis suis c. Mandamus vobis quod quietum esse faciatis Abbatem sanct Radegunde de usuris debitorum Iudaeorum de duobus annis proxime praeteritis usque ad instans Pasche anno reg nostri 9. dum fuit in servicio nostro per praeceptum nostrum Et Summoneatis Iudaeos quibus ipse debita debet quod sint coram Iusticiario nostro G. fil Petri eoram nobis a die Pasche in 15 dies ad recipiendum ab eo finem debitis illis Et mandetis Vic●quibus necesse fuerit quod nullam interim districtinem faciant eidem Abbati pro debitis illis reddendis T. G. fil Petri apud Suth 25 die Marcii Rex W. de Warren et sociis suis custodibus Iudaeorum c. Mandamus vobis quod quietum esse faciatis Rogerum Wesperill de usuris debitorum quae debet Simoni Iudeo Oxon. ab hoc inst Pasce anno Reg. nostri 9. usque ad Pasche prox sequent et interim ei respectum habere faciatis de praedict debitis T. Aaron Norwic. apud Clarenden 21 die Marcii per eundem By these 3 Presidents it is apparent that the Jews Usury was condemned and no ways favoured by King Iohn and his Justices in that age long before either the Statute of Merton 20 H. 3. c. 5. or De Iudaismo 3 E. 1. c. 1. were enacted and that the King would by no means permit it to run against any whilst actually imployed in his service nor others whom he favoured to whom he released the Usury at his pleasure and his Judges likewise by his command In the Roll of Fines of the 9 year of King Iohn I find these two cases concerning extents of Lands for the debts of Jews in that age Margareta de Lucy dat quinque marcas pro habenda haereditate de Kerchel et de Hammes quam Robertus de Lucy quondam vir ejus invadiavit Iudaeis in vita sua quod Iudaei capiant se a debito quod idem Robertus eis debuit super praedictum vadium ad haeredem ips●us Roberti qui haereditatem suam tenet Et mandatum est Vicecomiti quod accepta ab ea securitate de praedictis 5 marcis faciat ei habere plenariam seisinam de praedicta haereditate sua quae capta fuit in manum Domini Regis occasione praedicta Et mandatum est Iusticiariis Iudaeorum quod de praedicto debito capiant se ad haereditatem praedicti Roberti quam haeres ejus tenet The husband morgaged his wives inheritance to a Jew for a debt and dies for which the wives lands being taken by way of extent into the Kings hands upon the Wives suit and fine of 5 marks her land is discharged the husbands land descended to his heir charged with and extended for

but commonly 8000. 10000. marks or pounds by the year levyed with the greatest rigour which some of the richest Jews in all places were commonly engaged to see punctually paid in at the terms appointed and when any of them opposed or neglected to pay or levy them their persons wives children families infants were all distrained imprisoned their estates Debts seised confiscated some of them sent Prisoners into Ireland and frequently menaced with perpetual banishment hence and losse of their estates their taxes being levyed by the strictest menacing warrants and all rigorous violent ways the King and his instruments could possibly invent And are not their Taxes in case they will now return again like to be more high frequent oppressive since the very English themselves after all their late contests wars consultations and prodigal expences of their blood treasures estates are now brought under heavy uncessant monthly arbitrary Taxes Excises Imposts decimations levyed with the greatest rigour and such as dare oppose them out of conscience or defence of publike liberty though in a legal way imprisoned close imprisoned ruined yea threatned with perpetual banishment even by such who pretend themselves the Patrons Protectors of the English liberties franchises Properties from such Aegyptian and Jewish Bondage and greatest Antagonists against such arbitrary exorbitant Tyranny 4. That besides these constant annual Taxes our Kings upon all occasions enforced them by way of Loans to lend what sums they demanded under pain of imprisonment confiscation of their estates seisure of all their Debts Pawns Chests And frequently seised searched released granted sold all their gold silver chests debts houses fees annuities pawns and imprisoned their persons wives children to extort and raise monies upon all extraordinary necessities 5. That when they had fleeced them to their very skins and could expect no more moneys from them then they morgaged and sold their persons estates and the revenues proceeding from them unto others to advance present moneys before hand like so many Slaves and Villains And though many of them notwithstanding all their endlesse Taxes Extortions Squeezings fleecings grew rich again in a short time through usury broccage clipping and falsifying coyn plate frauds and extortions of all kinds and their base parsimony industry frugality yet their wives children heirs friends enjoyed little or no benefit at all by it but the King and his Officers commonly fleeced them of al they gained by one device or other So that England was little better than a second Aegypt and our Kings and their griping Officers nothing else but so many new Pharoahs and Aegyptian Tax-masters to them during all their continuance here they having no assurance of lives liberties estates under them by any Charters Grants protection Engagements which they made no conscience to revoke and violate at their pleasures as some of late have done even to their own Christian Brethren in as high a degree as they did to the Jews 6. That they were so exceeding execrable and detestable to the people in all places where they resided both for their infidelity blasphemies apostacies enmity to Christ and Christianity circumcising and crucifying Christian Children clipping of coin falsifying of Charters extortion brokage usury frauds unconscionable Jewish cut-throat dealing and discrepancy of maners from the English that many places and ports opposed their coming over other Towns as Newcastle Winchelse Wycombe Newbury Berkhamsted Suthampton other places purchased exemptions or removals of them And those Towns where they resided frequently rose up in a tumultuous maner against them burning their houses beating abusing kiling their persons pillaging their goods and forcing them to fly to the Kings Castles for Sanctuary notwithstanding all the Kings Charters Proclamations Provisions of all sorts for their protection and defence against violence and committing them to the protection of the Sheriffs Maiors Chief Officers and Burgesses of the places where they resided But especially they were above measure assaulted beaten slaughtered pillaged by the Cruce-signati and Saint-like Souldiers of that age who listed crossed themselves for the Holy-Wars and by the Barons Souldiers who took up arms against their Soveraigns under pretext only of defending the Great Charters Laws Liberties of the Church and Realm of England usually stiling themselves exercitus Dei et sanctae Ecclesiae in Anglia Neither were they free from violence plunder nor the common people satisfied till their universal final banishment hence which they oft sollicited their implacable enmity against them being such that the symptoms thereof yet continue amongst us in our proverbiall speeches I hate thee as I do a Jew I would not have done so to a Jew None but a Jew would have done so and the like 7. That notwithstanding all the Injuries Oppressions Indignities cruelties they here sustained both from our Kings their Officers the generality of the people by Gods just curse and vengeance on them for their sins yea notwithstanding all means used by our Kings Magistates Bishops preaching Friers and others both for their reformation and conversion to the Christian Faith yet the generality of them continued persevered still in their willfull obstinacy infidelity blindnesse enmity malice blasphemies despite against our crucified Saviour and Christianity which they manifested upon all occasions in publike and private by circumcising and crucifying chistian children breaking the Crucifix in Oxford and trampling it under foot in the midst of the Universities soleme Procession and otherwise expressed at large in the forementioned records as likewise in their extorsions clipping and falsifying moneys Charters usuries frauds rapes murders forgeries very few of them turning Christian converts and that either to save their lives or prevent some imminent dangers to their persons families estates and those of the poorer sort for the most part to get a present livelyhood from the Christians who frequently turned Apostates or flagi●ious malefactors to the scandal of religion 8. That the Jews here had their Synagogues Schools Pries●s Presbyter and Comptroller of their Exchequer Escheator Cofferers Cyrographers Attornies Bayliffs with their proper Judges and Court of Exchequer wherein only they were to be sued proceeded against and by whom they were Iudged their Prisons Attachers Tax-Masters Record-Keepers ordered in all things according as the King by his Writs and Letters directed All which Offices were appointed by the Kings special Patents Writs whose Names Powers Jurisdictions Salaries together with their legal trials and proceedings of all sorts civil criminal the forms of their Starrs Charters Extents of Lands assignments of Debts Releases Reliefs Fines with the names of the chiefest Jews are registred and most clearly fully related in the forecited Records and in no other printed History or Law-book whatsoever 9. That the Jews were exempt from all other Temporal and Ecclesiastical Courts and Jurisdictions but the Justices specially appointed for their custody and the Kings Exchequer for the Jews yea from all publike Taxes imposed on the English and could not be excommunicated by the

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