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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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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
habendum et tenendum eidem Judaeo haeredibus suis in perpetuum eidem Judaeo quod praedictum Gardinum ab eadem Auntlera recipere possit tenore praesentium similiter licentiam concedimus specialem Nolentes quod eadem Auntlera vel haeredes sui aut praedictus Iudaeus authaeredes sui ratione venditionis seu recepitionis Gardini praedicti per nos vel haeredes nostros Justiciarios Ballivos aut alios Ministros nostros occasionentur gravantur in aliquo seu molestantur In cujus c T. R. apud West 17. die Junii The like Patent I find to Aaron the Kings Brothers Jew ●orementioned to sell his house and rents in fee to any Christian who should purchase them by his Lords license even after the Edict past and Letters of safe conduct granted for the Jews banishment and departure hence as appears by comparing their dates Rex omnibus c. salutem Sciatis quod concessimus licentiam dedimus Aaron fil Vynes Judaeo Edmundi fratris nostri carissimi quod ipse domos et redditus suos tam infra Civitatem nostram London quam infra Regnum nostrum de licentia voluntate praedicti fratris nostri Domini sui vendere possit upon his banishment hence quibuscunque Christiaenis voluerit absque impedimento nostri vel aliorum nostrorum quorumcunque eisdem Christianis quod dom●s illas redditus ab eodem Iudaeo emere valeant similiter licentiamconcedimus specialem jure cujuslibet in omnibus semper salvo In cujus c T. R. apud Langeleye 28 die Julii After the date is the Letters for the Jews safe conduct out of England to the Sheriffs It is very observable that these three last Patents were made but a very little before and the last of them clearly after the Jews universal banishment voted resolved both by the King and Parliament For when as the King his Justices and Parliament by all their Inquisitions Commissions Care Providence and Execution of so many Jews in all parts could no ways suppresse their clipping and falsifying of the Money of the Realme nor yet reforme the manifold other wickednesse and misdemeanors of the English Jewes nor all the industry and pains of the Friers Preachers nor all that liberal provisions and grants of the King forecited to the House of Converts for their comfortable support maintenance and confirmation in the Christian faith so far operate upon their obstinate obdurate hearts as to convert any considerable number or any persons of note amongst them to the Christian faith from which many Converts apostatized nor yet suppresse their continual blasphemies against our crucified Saviour the Christian faith Sacraments of the Church and blessed Virgin Thereupon the King at the earnest frequent solicitation of the Commons assembled this year in Parliament after the Feast of St. Hilary enacted published an Edict or Decree in Parliament for the total universal and final banishment of all these wicked blasphemous unbeleeving Jews out of England then generally execrable detestable to all the people who were so desirous to be for ever quit of their company that they granted the King the 15 part of all their goods and moveables for their banishment and expulsion out of England as I have formerly proved at large by a full grand Jury of Historians and several Records in my former Demurrer against Sir Edward Cooks grosse assertion that they only voluntarily banished themselves because their usury was this year suppressed by the Stat. de Iudaismo which I have proved was made full 15 years before to be no cause at all of their exile now In pursuance of this Parliamentary Edict Decree now no where extant on Record all the Parliament Rolls before 5 Ed. 2. being wholly lost and many since by the carelessenesse or iniquity of the times except only an old Parchment Book of some Pleas in Parliam in E. 1 one Statute Roll of K. Ed. the 1. Ed. 2. and Ed. 3. wherein the Statute De Iudaismo with many other printed Acts are not to be found no more than this Edict for the Jews banishment though mentioned in many Histories and Records the King in this very moneth of Iuly sent several Writs Letters and Patents to the Sheriffs of Counties Mayors of Towns Bayliffs and Barons of the Cinqueports and likwise to Mariners reciting that he had prescrib'd a certain time term day to all and every of the Iews within the Realm for their departure out of it into forraign parts commanding them not to doe nor suffer any injury molestation grievance to be done to them by any in their passage beyond the Seas for which he had given them safe conduct but to grant them their wives and children a safe and speedy passage within the time prefixed them at the Jews own costs paying reasonable rates for their freights and passage without immoderate exactions especially on the poorer sort of them lest their passage should be hindred by such immoderate and unreasonable exactions I shall transcribe these Writs and Letters at large out of the Records themselves as most pertinent to my intended Theame beginning with those to Sheriffs Rex Vic Gloucestriae c. Cum Iudaeis Regni nostri universis certum tempus praefixerimus a Regno illo Transfretanoi Nolentes quod ipsi per Ministros nostro aut alios quoscunque aliter quam fieri consuevit indebite pertrectentur Tibi praecipimus quod per totam Ballivam tuam publicè proclamari et firmiter inhiberi facias ne quis eis intra terminum praedictum injuriam molestiam dampnum inferat seu gravamen Et cum contingat ipsos cum catallis suis quae eis concessimus versus partes London causa Transfretrationis suae dirigere gressus suos salvum securum conductum eis habere facias sumptibus eorum Proviso quod Iudaei praedicti ante recessum suum vadia Christianorum quae penes se habent illis quorum fuerint si ea acquietare voluerint restituant ut tenentur Teste Rege apud Westm 18 die Iulii Anno 18. E. 1. Consimiles Literae diriguntur Vicecomitibus Essex Ebor. Northampt. Lincoln Teste ut supra Item Vicecomitibus Hereford Suthampt. The form of the Letters for protection and safe conduct to particular Jews and their Families which the richer sort of Jews purchased at dear rates was this Rex Majoti et Ballivis Eborum salutem Quia certum diem praefixerimus Iudaeis nostris Angliae regnum nostrum exeundi et ●e ad partes alias transferendi Vobis mandamus quod Bonamico Judaeo Eborum uxori pueris vel familiae suae in personis aut rebus interim nullam moles●iam inferatis set ipsos quantum in vobis est manuteneatis protegatis et defendatis Et cum idem Bonamicus cum uxore pueris et familia sua post Terminum Proclamationis factae de vadiis Christianorum acquietandis ad partes maritimas causa transfretandi divertere