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cause_n	authority_n	king_n	parliament_n	1,836	5	6.6012	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91275	A short demurrer to the Jewes long discontinued 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. With a brief collection of such English laws, Scriptures, 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 P4078; Thomason E483_1; ESTC R203287	90,701	118

the cause that they banished themselves into other Countries where they might live by their usury So that by his opinion they were not then banished by the King or Parliament but only voluntarily banished themselves upon the making of this Statutes aginst their Usury But under the favour of this deceased reverend Judge whose memory I generally reverence this opinion of his is a meer mistake For 1. This Statute of Judaisme was made some years before their banishment hence as I formerly hinted and the last clause thereof for renting houses to continue for 15 years manifests not in 18E 1. 2ly No Record nor Historian mentions that they voluntarily banished themselves upon the making of this Law neither can their voluntary departure hence upon this occafion be stiled a Banishment 3ly The forecited Historians record that they gave but few years before a vast sum of money to prevent their banishment then urged in Parliament by the Commons with the profer of the 5 part of their goods to the King for their banishment and therefore it is very improbable they would at the same time volunntarily banish themselves 4ly All the last cited Historians of these latter times unanimously record and theywere judicially really banished both by the King and Parliament principally for their infidelity and other fore-alloaged reasons commanded under pain of hanging to depart out of it by a set day for the effecting and hastning whereof the Commons gave the King a sifteenth Therefore not banished by of themselves alone Who are more to be credited than this Judges singular opinion 5ly His own subsequent words and Records in direct terms contradict this opinion of his no lesse than 5 times which I wonder he observed not I shall recite them at large to undeceive his over-credulous Readers of the long Robe who take his words and works for Oracles though in many things very full of grosse mistakes contradicted by by his own Records he cites specially in his Chapter of Parliament and Admiralty And for that writes he they were odious both to God and Man that they might passe out of the Realm in safety they made Petition to the King that a certain day might he prefixed to them to depart the Realm it was prefixed by the King and Parliament against their wills to the end that they might have the Kings writ to his Sheriffs for their safe conduct and that no injury molestation damage or grievance be offered to them in the mean time One of which Writs we will transcribe Rex Vic G. Cum Judaeis Regni nostri universis CERTUM TEMPUS PRAEFIXERIMUS therefore prefixed by the King himself without their Petition ● regno illo transfretandi Nolentes quod ipsi per ministros nostros aut alios quoscunque aliter quam sieri consnevit indebite pertrectentur Tibi praecipimus quod per totam Ballivam tuam publice proclamari firmiter inhiberi facias ne quis eis intra terminum predictum injuriam molestiam damnum inferat seu gravamen Et cum contingat ipsos cum catallis suis quae eis concessimus versus partes London causa transfretationis suae dirigere gressus suos salvum securum conductum eis habere facias sumptibus eorum Proviso quod Judaei praedicti ante recessum suum Vadia Christianorum quae penes se habent illis quorum fuerint si ea acquietare voluerint restituant ut tenentur Teste Rege apud Westminst 18. die Julii Anno 18 E. 1. This Statute De Judaismo was made at the Parl. post festum Hilarii Anno 18 E. 1. At which Parliament the King had a 15 granted to him PRO EXPULSIONE JUDAEORUM Therfore by his own confession they were banished by the King and Parlament against their wils and a Fifteenth given for it as the former Historians note And this writ was granted in July following in pursute therefore of their Judgement of banishment not upon their petition the King beginning his reign Novemb. 16 For the Parliament knew a strange conceit of a Judge that by banishing of Usury Did they banish it onely not the Jews the Jews would not remain And thus this Noble King by this means BANISHED FOR EVER THESE INFIDEL USURIOUS JEWS Ergo their persons as well as Usury only the number of which Jews THUS BANISHED was fifteen thousand and threescore VVe will here adde a Parliament Record de Priore de Bridlington thus Et quod praedictus Prior cogno cit quid praedicta pecunia praed Judaeo debebatur viz. 300l nec ei solvebatur ANTE EXILIUM JUDAEORUM therefore by this Parliamentary record but 3 years after they were judicially banished by Parliament not voluntarily of themselves no banishment in Law Et quicquid remansit reorum debitis aut catallis in regno POST EORUM EXILIUM again repeated Domino Regi fuit Consideratum est quod Dominus Rex recuperec pecuniam praedictam dictum est eidem Priori quod non exeat Villaean equam Domino Regi de praedicta pecunia satisfaciat Et respondeat Johannes Archiepiscopus Eborum quia praecepit dicto Priori solvere Valetto suo praedictam pecuniam in deceptionem Regis contra Sacramentum fidelitatem suam Domino Regi datam Idem in alio Rot. An. 22 E. 1. rot 5. Therefore by these 3 records resolutions cited by himself the Jews were all banished by sentence of Parliament in such sort as our Historians record and not in his New sence alone amounting but to a Recesse By all these concurrent Testimonies it is apparent against Sir Edward Cooks groundlesse conceit 1. That all the Jews were then banished out of England never to return again at the special instance and request of the Commons in two several Parliaments as an intollerable grievance and oppression under which they then groaned 2. That the principle grounds of this their perpetual banishment were their infidelity Usury forgeries of Charters clipping and falsifying of monies by which they prejudiced the King and kingdom and much oppressed and impoverished the pople 3. That this their banishment was so acceptable to all the people who oft-times pressed it in Parliament that they gave the King a Fift and Fifteenth part of their moveables to speed and execute it 4. That this their banishment was by the unanimous desire Iudgement Edict and Decree both of the King and his Parliament and not by the King alone and this Banishment total of them all and likewise final Never to return into England Which Edict and Decree not now extant in our Parliament Rolls many of which are lost nor printed Statutes yet it is mentioned by all these Authorities From whence I shall inferre and conclude That as by the fundamental Laws of England No Freeman and Natives of England can be justly banished or exiled out of it but by special judgement of Parliament or by Act of Parliament as is evident by Magna Charta c. 29. The banishment of Sir Thomas

John Stow in his Annals p. 204. writes thus of it King Edward banished all the Jews out of England giving them to bear their charges till they were out of the Realm The number of the Jews then expelled was fifteen thousand and sixty persons whose houses being sold the King received an infinite mass of money Iohn Speed in his History of Great Britain p. 545. thus varieth the expression of it King Edward Anno 1290. to purge England from such corruptions and oppressions as under which it groaned not neglecting therein his particular gain banished the Iews out of the Realm confiscating all their goods leauing them nothing but mony to bear their charges they by their cruel Vsuries HAVING EATEN HIS PEOPLE TO THE BONES To passe by Heylms Microcosm p. 570. Henry Isaacsons Chronology Ann. 1290. with others who mention this their final banishment out of England I shall conclude with the words of Samuel Daniel his History p. 160. Of NO LESSE GRIEVANCE than corrupt Judges then fined displaced banished this King eased his people by the banishment of the Jews for which the kingdom willingly granted him a Fifteenth HAVING BEFORE in Anno Regis 9. OFFERED A FIFTH PART OF THEIR GOODS TO HAVE THEM EXPELLED But then the Iews gave more and so stayed till this time which brought him a great benefit by confiscation of their immoveables with their Tallies and Obligations which amounted to an infinite value But now hath he made his last commodity of this miserable people which having never been under other cover but the will of the Prince had continually served the turn in all the necessary occasions of his Predecessors but especially of his Father and himself Sir Edward Cook in his 2d Institutes p. 506 507 508 in his Commentary upon Statutum de Judaismo forecited seems to contradict these forecited Historians touching their Banishment whose words I shall at large rehearse and refute to in this particular This Statute was made writes he in the Parliament of 18 Edw. 1. That the mischiefs before this Statute against Jewish Usury were these 1. The evils and disherisons of the good men of the land 2. That many of the sins and offences of the Realm had risen and been committed by reason thereof to the great dishonour of Almighty God And are not these two sufficient grounds to keep them out now as well as to restrain and banish them then The difficulty adds he was how to apply a remedy considering what great yearly revenue the King had by the Usury of the Jews and how necessary it was that the King should be supplyed with Treasure What benefit the Crown had before the making of this Act appeareth by former records as take one for many From the 17 of December in the 50 year of H. 3 until the Tuesday in Shrovetide the 2d year of Edward the first which was about 7. years the Crown had four hundred and twenty thousand pounds fifteen shillings and four pence De exitibus Judaismi at which time the ounce of silver was but 20 d. and now it is more than treble so much So as the recital of the Preamble is true That he and his Ancestors had received great profit from Judaism i Many provisions were made both by this King and others Some time they were banished but their cruel usury continued and soon after they returned and for respect of lucre and gain King John in the second year of his reign granted unto them large Liberties and Priviledges whereby the mischiefs rehearsed in this Act multiplyed But the lucre and gain which King John had and expected of the Infidel Jews made him IMPIE JUDAISARE for to the end they should exercise the Laws of their Sacrifices which they could not do without a Priesthood the King by his Charter granted them to have one c. Which for the great rarity thereof and for that we find it not either in our Books or Histories I will rehearse in haec verba Rex omnibus sidelibus suis omnibus Judaeis Anglis salutem Sciatis nos concessisse Jacobo Judaeo de Londoniis Presbytero Judaeorum Presbyteratum omnium Judaeorum totius Angliae Habendum tenendum quam in vixerit liberè quietè honorificè integrè it à quod nemo ●i super hoc molestiam aliquam aut gravamen inferre praesumat Quare volumus firmiter praecipimus quod eidem Jacobo quoad vixerit Presbyteratum Judaeorum per totam Angliam garantitis manu-teneatis pacificè defendatis Et si quis eum super eo sorisfacere praesumpserit id ei sine dilatione salva nobis emenda nostra de forisfactura nostra emendare faciatis tanquam Dominico Judaeo nostro quem specialiter in servicio nostro retinuimus Prohibemus etiam ne de aliquo ad se pertinente ponatur in placitum nisi coram nobis aut coram capitali Justiciario nostro sicut Charta Regis Richardi fratris nostri restatur Teste S. Bathoniens Episcopo c. Dat per manus Huberti Cantuariensis Archiepiscopi Cancellarii nostri apud Rothomagum 21 die Julii Anno Regni nostri primo To which Charter Sir Edward Cook annexeth this marginal Note This King had a most troublesom and dishonourable rrign God raising against him FOR HIS JUST PUNISHMENT two potent Enemies Pope Innocent the 3 and Philip King of France And besides which was the worst he lost the heart and love of his Baronage and Subjects and at the last had a fearfull end He adds l Our Noble King Edward 1 and his Father H. 3 before him sought by divers Acts and Ordinances to use some means and moderation herein but in the end it was found That there was no mean in mischief and as Seneca saith Res profecto Stulta est nequitiae modus And will it not be so now in their new limited readmission if consented too And therefore King Ed. 1. as this act saith for the honour of God and for the common profit of his people without all respect in respect of these of the filling of his own Coffers did ordain That no Jew from thenceforth should make any bargain or contract for usury nor upon any former contract should take any usury from the Feast of St. Edward then last past So in effect all Jewish Usury was forbidden This Law struck at the root of this pestilent weed for hereby Usury it self was forbidden and thereupon the cruel Jews thirsting after rich gain to the number of 15060 departed out of this Realm into foraign parts where they might use their Jewish trade of Usury from that time that Nation never returned again into this Realm Some are of opinion and so it is said in some of our Histories That it was enacted by authority of Parliament that the usurious Iews should be banished out of rhe Realm But the truth is that their usury was banished by this Act of Parliament and that was