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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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Curiae Regis made and to be inquired of by the Justices itinerant in the 6 year of King Richard the 1. Anno 1194. wherein I find this Article Item de Faeneratoribus eorum catallis qui mortui sunt which is general extending equally to all Usurers whether English or Jews Christians or Infidels But in the Capitula Placitorum Coronae Regis in the 10 year of this King Richard Anno 1198 it was thus varied and confined only to Christian Usurers Inquirendum est by the Justices itinerant then appointed in each County etiam de usuris Christianorum eorum Catallis qui mortui sunt Perchance to put a difference between the Jews whose goods the King claimed as his own whiles living and the English Usurers who forfeited not their estates for usury till after their deaths not unless they died usurers without publike repentance therof before their death This form of Inquisition continued both before and after the Statute de Judaismo as is evident by Capitula itineris used in the reigns of Henry the 3. and Ed. 1. De Christianis usurariis qui fuerunt quae catalla habent qui catalla illa habuerant De catallis Judaeorum occisorum eorum chartis vadiis qui ea habeant King Henry the 3 rot finium 29. H. 3. m. 8. De catallis quae fuerunt cujusdam foeneratoirs seised the Charters of a certain Usurer as confiscated by Law unto him the Statute of Merton c. 5. in the 20 year of his reign provided and granted That usuries should not run against any being within age from the time of the death of his Ancestors whose heir he is unto his lawfull age c. So neverthelesse that the payment of the principle debt with the payment of the usury that was before the death of the Ancestor whose heir he is shall not remain On which Statute St. Edward Cook himself thus Coments This Statute hath been diversly expounded some expounding it only of Nomine poenaes and doubling the rent upon Leases Bonds and Recognizances others literally That the Statute extended to the usurious Iews that then were in England for at that time and before the Conquest also it was not lawfull for Christians he might have added nor yet for Jews to take any usury as it appeareth by the Laws of St. Edward c. and Glanvil and other ancient Authors and Records And by this Act it was manifest that the usury intended by the Statute was not unlawfull for the usury before the death of the Ancestor is enacted to be paid and after the full age of the heir also And no usury was permitted but by the Jews only But King Edw. the 1. That mirror of Princes By aeuthority of Parliament made this Law which is worthy to be written in letters of gold Forasmuch c. That no Jew should take any usury c. As if usury in his opinion had been lawfull for Jews before the Statute de Judaismo when it was equally prohibited to Jews and Christians though not to make to contractor usury meerly void except only against Infants during their minority yet to make both their chatels goods and estates liable to confiscation to the King after their deaths or before as the premises undeniably evidence So that the Statute de Judaismo prohibiting usury to the Jews was no introduction of any new Law as to the unlawfullnesse and penalty of usury it self in the Jews no more than in Christians to whom Rastal equally extends it Vsury 2. but only in respect of the legal means for recovevering the use upon usurious contracts Usury it self being even reputed absolutely unlawfull by Gods Lawes and ours Hence I find Rot. claus 36 H. 3. m 21. A Prohibition by writ to all forain Merchants within the Realme Quod nil capiant ad Vsuram and if they do Omnia mobilia immobilia eorum cedant ad usum Regis all their goods movable and immovable shall be confiscated to the Kings use Rot. claus 2. E 1. m. 1. De Mercatoribus Usurariis commands all Merchants that were Usurers to depart the Realm the year before the Stat. de Iudaismo made And in the Patent Roll of 5 E 1. Dors 26. There is an Inquisition De Usurariis seu Christianis Judaizantibus ut de eis fiat justitia secundum legem terrae which punished them by sines and loss of Goods in the Temporal Courts and by Ecclesiastical censures in the Spiritual Courts as is clear by Placita 18 H. 3. rot 36. and all Canonists in their Titles De Usura which is further evident by these Records Statutes made since the Statute De Iudaismo by 15 E. 3. rot Parl. n. 24.32.21 E. 3. rot Parl. n 49.50 E. 3. rot Parl. n. 47. 6 R. 2. rot Parl. n. 57. 14 R. 2. rot Parl. n. 23. 5 H. 4. rot Parl. n. 68.15 E. 3. c. 5. 3 H. 7. c. 5 6. 11 H. 7. c. 8. 37 H. 8. c. 9.5 E. 6. c. 20. 23 Eliz. c. 8. 39 Eliz. c. 18.21 Iac. c. 17. Therefore the banishing of Usury by this Law thus condemned prohibited in all former ages could no wayes move the Jews voluntarily to banish themselves hence no more than all other English and Italian Vsurers but some new special Act for their final expulsion 8ly It cannot be proved or imagined that all the Jews then in England were Usurers though the most and wealthiest of them were such And it is very improbable that all the Jews throughout England with one consent should agree to banish themselves voluntarily out of England where they were born and lived so long and that on the same day because the Usury of some of them was there prohibited without any Law for their banishment 9ly The Iews by several Laws Canons were expresly prohibited Usury elswhere in that age which they are totally forbidden to use of late years and now in Lithuania Russia Poland and some other places where they reside living only by Merchandize Husbandry and Manufactures Yea Menasseh Ben-Israel himself in his Humble Addresses newly printed p. 22.23 writes thus As for Vsury such dealing is not the essential property of the Iews for though in Germany there be some indeed that practise it yet the most part of them that live in Turky Italy Holland and Hamburgh being come out of Spaigne they hold it infamous to use it Therfore the bare suppression of their Usury in England by this Statute would no more induce them to banish themselves voluntarily out of England and leave all their houses morgages housholdstuff amounting to a vast summ to the King than out of other Countries where their usury was restrained then since seeing they might live as well without Vsury in England by their Merchandizes Husbandry and Manufactures as in any other Climate 10ly Sir Edward Cooke himself contradicts himself herein not only in his 4th Institutes p. 254. where writing
Generals and Commissioners named in them To banish and send into Foraign parts and Plantations all persons of the royal party formerly in arms of no estate and living loosly and all persons whatsoever that shall appear by their words or actions to adhere to the party of the late King or his Son to be dangerous Enemies to the peace of the Commonwealth even without and before any Legal indictment tryal conviction of any particular crime for which a Sentence of Banishment is prescribed by our Laws or any Judgement or Act of Parliament inflicting this heavy Punishment upon them far worse to many than death it self Now I shall earnestly intreat in the name and fear of God all those whom it most concernes to consider and determine in their own retired thoughts how unjust un-righteous unreasonable unchristian and more then brutish it will seem to all Freeborn English men and conscientious christians both at home and abroad and what great scandals it may bring both upon our Nation Government and Religion it self in this manner and on this old account alone to banish these christian English Freemen out of their Native country both from their Wives children Kinred and Gods own publike Ordinances and at the self-same time to call in foraign Infidel Jews greatest Enemies to Christ himself and Christians and in that respect more dangerous to the peace and welfare of the Nation than tho●e thus to be banished to supply their places even against an express old Judgement and Edict of the whole Kingdom in Parliament for their perpetual exile What a sad pernicious president it may prove in future ages especially to the Authors of it and their posterities by divine retalliation as the Athenian Ostracisme did to Clisthenes who invented it was the first exiled by it upon e●ery new revolution to banish all English freemen of a contrary party and call in Forraigners in their rooms Whether it will not revive that ancient complaint of Petrus Cluntacensis Lex nam vetusta sed verè diabol●ca ab ipsis Christianis Principibus processit c. Manet inultum scelus detestabile in Judaeo quod exilio vel horrenda morte suspendit punitur in Christiano Pinguescit inde deliciis afflu●t Iudaeus unde laqueo suspend●tur Christianus And whether upon consideration of this and the precedent reasons deduced from these Declarations and all the premises they ought not peremptorily to conclude against the Jews present and future re-admission into England I shall close up all with an Answer to the two principal Allegations for their reception into our Realm 1. The main and on●y consciencious Argument for their introduction is this That it may be a very probable hopefull means of the general calling and conversion of the Iewish Nation to the Christ an Faith which hath been so long prayed for and expected by Christians and seems now approaching which their seclusion from us may much obstruct Not to enter into any large debate of this conversion of the Iews wherein learned Orthodox Divines and Writers are much divided I say 1. That I could never yet be satisfied that there shall be such a general call and conversion of the whole or major part of the Nation of the Jews as some expect but only of every smal electremnant of them The forecited Texts with Is 30.8 9 10 11. Now go write it before them in a Table and note it in a book that it may be for the time to come FOR EVER and EVER That this is a rebellious people children that will not hear the Law of the Lord which say to the Seers see not and to the Prophets prophesie not unto us right things c. cause the holy one of Israel to depart from before us Luk. 20.16 17 18. Mat. 21.41 42 43 44 45 John 1.11.12 Rom. 9.27.26.33 c. 11.2 5 7 8. contradicting such a general conversion of them that of Rom. 11.26.27 28. And so all Israel shall be saved being meant only of the Elect and true Israel of God both Jews and Gentiles as many judicious Expositors and Rom. 2 26 27 28 29. c. 9.6 7 8. c. 11.1 to 8. Gal. 3.7 9 14 16 22 28 29 c 6.16 seem to expound it not of the whole Jewish Nations calling and salvation at the last 2ly It is agreed by most who expect such a general calling and conversion of the Iews That it shall not be till the fullnesse of the Gentiles become in as Rom 11 24 25. resolves And whether this fullnesse be yet come in there being so many Gentile Nations yet unconverted especially in Asia Africa and America and those infinitely exceeding the Gentiles yet converted to the Gospel let those consider who now expect the Iews conversion 3ly If this fullnesse of the Gentiles conversion to Christ must preceed the general calling of the Iews as a necessary preparative and introduction thereunto then we ought by this allegation in the first place to call the Turks Tartars Persians Chinoys Indians all other unconverted Gentile Nations with their Religions into England first convert them to the Christian faith before we bring in the Iews whose conversion is to succeed theirs the Gentiles fullness And then we shall have Religions enough in England to please all Novellists and a thousand aliens to each English Native 4ly There are farre more expresse direct promises texts grounds both in the Old and New Testament for the calling conversion of all Gentiles and yet unconverted Heathen Nations to the faith of Christ then of the Iewish Nation not one Nation of them for ought we read being so far rejected broken off and given up to an obduration of heart and blindness of mind by Gods judiciall decree as we read the Jews to be Isa 6.9 10 11 c. 8 14.15 16. c. 29.9 10 11 12. Mat. 13.14 15. Mar. 4.11 12. Lu 8.10 Iohn 12.37 38 39 40. Act 28.25 26 27 28. Rom. 11.7 8 9 10. Therefore our prayers and endeavours ought first to be for the conversion of all Gentiles yet unconverted to the faith being more hopefull more successfull in all probability than our prayers endeavors for the Iews conversion at least till the Gentiles fullnesse be come in 5ly Admit either a general or special calling and conversion of the Iews in the latter end of the world yet the calling of them into England to cohabit with us in such a manner as they now desire is no ways necessary for that end For 1. it is no where declared in Gods word that they must be called in England or by English men 2ly If they were principally to be converted by English Divines or Laicks we may with more ease lesse danger and prejudice to our Nation and Religion send English Divines and Laicks into other forraign parts where they now reside to instruct teach convert them to the faith than call them into England to convert them now in this giddy unsetled