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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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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
se voluerint sibi et suis salvum conductum cum ab eo fueritis requisiti suis sumptibus habere faciatis ne eis super bonis quae secum deferre contingerit periculum emineat pro defectu conductus hujusmodi faciendi T. Rege apud Lang. 26 die Julii Et sunt Patentes By this Patent it appears First that the Jewes had a certain day prefixed them by the King to depart out of the Realm of England into Foreign parts of which they all had general and particular notice 2ly That the wealthier Jews thereupon to preserve their own persons wives children families from corporal violence and their goods from plunder purchased particular Letters of Protection and safeconduct from the King to Mayors and other Officers 3ly That the King published a general Proclamation upon the Edict of their banishment that all the pawns of Christians to them should be redeemed and discharged before their departure or left behind them when they departed hence The next day after this private Letter of Protection and Safeconduct on the 27 of July the King sent these Letters to the Bailiffs Barons and Seamen of the Cinque ports for the Jews safe conduct passage and transportation out of England within the term which he had prefixed to all and every of them being general for all the Jews Rex omnibus Ballivis Baronibus et Nautis Quinque portuum suorum salutem Cum certum terminum omnibus et singulis Iudaeis Regni nostri praefixerimus idem Regnum exeundi Nolentes quod ipsi in rebus seu personis interim aliqualiter injurientur Vobis mandamus quod eisdem Iudaeis cum ipsos ad Portus praedictos cum uxoribus pueris Catallis suis venire contingerit ad transfretand INTRA TERMINUM PRAEDICTUM salvum festinum p●ssag●um securum conductum habere faciatis sumptibus corundem Ita tamen quod Pauperibus Judaies super freto Navium in transportatione parcatur et a●●is juxta facultates inde fiat exactio moderata prout in hujusmodi passagiis alias fieri consuevit ne quis ipsorum per exactiones immoderatas et irrationabiles super passagio suo impediatur Et sub gravi forisfactura nostra firm●ter vobis injungimus ne quis vestrum Iudaeis praedictis in rebus aut pe sonis inferat vel quantum in ipso est inferri permittat injuriam molestiam dampnum impedimentum seu gravamen In cujus c. Teste Rege apud Westm xxvii die Julii Besides these general he granted other particular Letters of safe conduct to the Bailiffs Barons and Seamen of the Cinque Ports for some privat Jews their wives children and families who desired them as appears by this Record Rex omnibus Ballivis Baronibus Nautis Quinque Portuum salutem Cum certum terminum omnibus et singulis Iudaeis Regni nostri praefixerimus idem Regnum exeundi Nolentes quod ipsi in rebus seu personis interim aliqualiter injuriatur Et vobis mandamus quod Mosseo filio Jacobi de Oxon Iudaeo nostro Northampt. cum ipsum ad portus praedictos cum uxore pueris familia et catallis suis venire contigerit Ad Transfretandum intra terminum praedictum salvum et festinum passagium et securū conductum habere faciatis sumptibus ejusdem Ita quod ei juxta facultates inde fiat exactio moderata prout in hujusmodi passagiis alias fieri consuevit ne ipse per exactiones immoderatas et irrationabiles which the Jews all feared from the English upon this extraordinary occasion of their peremptory Exile super passagio fuo impediatur ●●t sub gravi forisfactura nostra firmiter vobis in●ungimus ne quis vestrum praedicto Mosseo uxori pueris aut familiis suis praedictis in rebus aut personis inferat vel quatemus in ipso est inferri permittat in uriam molestiam dampnum impedimentum seu gravamen In cujus c. Teste Rege apud Selveston 8 die Aug. It is observable that in all these Writs and Letters the King relates that he had prefixed a certain day time or term to all and every the Jews of the Realm to depart out of the same Realm but mentions not in any of them the precise day time or term at all Therfore it is most certain it was mentioned in some other publike Act and Edict for their Banishment made in Parliament which all our Historians remember then publickly known to all the Jews Sheriffs Officers and people for how else should they certainly know or take notice of it if it were not then as notorious as these Writs and Letters which do not particularly expresse it Matthew Westminster in or near this time precisely writes That the Jews were all to depart out of England with their wives and children by the Feast of All Saints QUOD EIS PRO TERMINO PONEBATUR quem sub poenae suspendii transgredi non est causa This therefore was the term prefixed to them in the Parliamentary Act Decree for their Banishment by that day under pain of being hanged if they departed not England before that term The Liber Rubeus or Red Book in the Remembrancers Office in the Eschequer fol. 252. b. hath this Memorand entred in it touching the time the Jews actually departed from London and England De Iudaeis recedentibus ab Anglia Memorandum quod die Martis in crastino Sancti Dionisii Anno Regni Regis Edwardi silii Henrici decimo octavo et Anno Domini Millesimo ducentessimo nonagessimo recesserunt omnes Judaei de London versus Mare ad transfretandum sub protectione Domini Regis And the same Memorandum in effect is written in a hand of that time at the end of the Original Manuscript Copy of Florentius Wigorniensis Now Saint Dionisius day being the 9th of October this their departure from London must necessarily be on the 10. day of Octob. being the next day after it An. 1290. just 21 days before the feast of All Saints by which day they were all to depart out of England under pain of death and accordingly departed as I have elsewhere manifested except some few poor converted Jews who remained like Almesmen in the House of the Converts and were not banished with the rest whose Infidelity was the chief cause of their exile as our Historians attest The King on the 27 day of October but 17 days after the Jews final departure from London out of England committed the custody of this Domus Conversorum and the Converts in London to Walter de Agmodisham during pleasure by this his Patent Rex omnibus ad quos c. salutem Sciatis quod commissimus Waltero de Agmodisham custodiam Domus nostrae Conversorum London conversorum nostrorum therefore not banished with the rest habendum quamdiu nobis placuerit cum omnibus ad custodiam illam pertinentibus sicut Johis de Sancto Dionis quondam Archidiac Roff. eam dum vixit
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