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 people 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 Fifth and Fifteenth part of their moveables to speed and execute it 4. That this their banishment was by the unanimous desire judgement edict and decree both of the King and his Parliament and not by the King alone and this Banishment totall of them all and likewise final Never to return into England Which Edict and Decree though not now extant in our Parliament Rolls many of which are utterly lost nor in our printed Statutes yet it is mentioned by all these Authorities and Records 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 well as by the ancient Romans Athenians and Syracusians Laws no Citizen of Rome Athens Syracuse could be banished his City or Country but by the lawfull judgement of the Senat and People in their Parliamentary Assemblies and Senates which were very numerous as is evident by Magna Charta c. 29. The banishment of Sir Thomas Wayband Chief Justice of the Common Pleas 19 E. 1. Rot. Pat. rot 12. and these Jews then banished Exilium Hugonis le Dispenser patris filii Tottles Magna Charta f. 50.51 The double banishment of Peter de Gaverston out of England Assensu communi Procerum Magnatum and of the King in Parliament Walsingham Hist Angliae p. 71 72. The Statute of 1. Edward the 3. c. 2. 11 Richard the 2. c. 2 3 4. for the banishment of Belknap and other Judges into Ireland 21 R. 2. Rot. Parl. n. 16 17. For the banishment of Thomas Arundel Arch-bishop of Canterbury The Statute of 35 Elâ—z c. 1. of 39. Eliz. c. 4. For banishing dangerous Sectaries Rogues out of the Realm after conviction upon Indictment only not before which could not be done by Law before these Acts Cooks 2 Institutes f. 47. Mr. St. Iohns Speech against the Shipmoney Iudges p. 22. My New Discovery of the Prelates Tyranny p. 166 167 168. Walsingham Hâ—st Anglâ—ae p 394. and other Testimonies as also by 1 E. 3. c. 54. H. 4. c. 13. The Statute for the pressing of Souldiers for Ireland 17 Caroli Exact Collect. p. 435. The Barons opposition and refusal to assist King Henry the 3 in their persons or purses in his foraign wars in Apulia and elsewhere as no way obliged thereunto The Petition and Protestation of the Lords and Commons in Parliament against serving the King in person or contribution to his wars in Flanders and other foraign parts 25 E. 1. Walsingham Hist p. 35 37 38. Henry de Knyghton de Event Angl l. 3. c. 11.14 or in Gascoign France Normandy Scotland or Ireland Cook 2 Instit p. 528. 4 H. 4. n. 48. 1 H. 5. n. 17. 7 H. 5. n. 9.18 R. 2. n. 6. So none once banished the Realm by Judgement or Act of Parliament can may or ought by the fundamental and known common Laws of England to be restored and recalled again but only by a like judgement Act and Restitution in full Parliament as is adjudged declared resolved by the cases and Petitions of the two Spencers and Pierce Gaveston Walsingh Ypodig Neust p. 104 101 152. Hist Angl. p. 68.71 72. Holinshed p. 328. Speeds Hist. p. 674. The Printed Statute of 20 R. 2. c. 6. for the restitution of Belknap and the other exiled Judges 28 E. 3. Rot. Parl. n. 8. to 14 and 29 E. 3. Rot. Parl. n. 29. touching the repeal of the Judgement in Parliament against Roger Mortimer Earl of March 17 R. 2. Rot. Parl. n. 18. for the pardon and restitution of the Justices banished into Ireland 21. R. 2. n. 55. to 71. for confirmation of the repeal of the exile of Hugh de la Spencer Father and Son An. 15 E. 2. and the revocation of the repeal thereof in 1 E. 3. A notable full record in point The revocation of Abbot Dunston his sentence of banishment by King Edgar and his great Council held at Brentford Anno Dom. 959. 3 H. 7.10 4 H. 7.10 1 H. 7 4. 10 H. 7.22 b. 15 E. 3. Fitz. Petit. 2. 9 E. 2.23.24 9 E. 4.1 b. with sundry other Records for the repeals of Iudgements and Acts of former Parliaments by the subsequent Judgements and Acts of other Parliaments in Cooks 4 Institutes c. 1. and Ashes Tables Parliament 16. and Statutes 68. Therefore the Jews being so long since by Judgement Edict and Decree both of the King and Parliament for ever banished out of England never since repealed or reversed neither may nor can by Law be re-admitted reduced into England again but by common consent and Act of Parliament which I conceive they will never be able to obtain I have now presented you with a true Historical and exact Chronological Relation of the Jews first admission into England not in the time of the Emperour Constantine the great as some groundlesly would collect from his General Epistle to all Churches touching the Decrees of the Council of Nice and the unanimous observation of the Feast of Easter not after the Jewish computation wherein there is mention of the Churches in Britain as well as in Rome Africk Spain France and other places concâ—â—â—ing with other Churches herein but not one syllable of any Jews therein or in Britain then nor in any other particular places but onely these general passages against Christians complying with them in their Paschal observation Ac primum quidem indigna res funt sanctissimum eum diem imitatione atque consuetudine Iudaeorum câ—lebrare qui manibus suis nefario flagitio contaminatis non injuria quoque animis sunt excaecati homines scelerati Quidni enim lâ—ceat gente ea rejecta rectiore verioreque ordine quem à primo passionis diâ— hucusque servavimus ad futura quoque saecula observationis hujus ritum transmittere Item nihil nobâ—s commune sit cum infestissma Judaeorum turba c. Quin strict or ipsa atque exactior ratio flagitare vâ—detur NEQUA NOBIS CUM IUDAEORUM PERIURIO COMMUNIO From whence as all may juiâ—ly resolve that the blinded wicked Jews ought not to be introduced amongst nor to have communion with us nor we with them so no rational man can thence inferr that there were any Jews at that time observing their Jewish passeover in Britain of which I
except only to Popery and Prelacy yet certainly it can no ways extend to the toleration or protection of Iews and their Antichristian blasphemies against Christ himself and the Gosple seeing they are so far from professing faith in Iesus Christ that they utterly renounce and professedly decry him to be the true Saviour and Messiah of the world rejecting the whole New Testament and Doctrine of the Gospel and so by consequence are necessarily secluded by this Instrument and Oath for its observation from practising their Jewish worship Ceremomies or erecting any Synagogues in our Nation for that purpose 2ly Though the Kings of England by the Law and their Prerogative may in sundry cases erect New Corporations of their Subjects by their Charters only yet notwithstanding no Corporation or Fraternity of Iews being meer Aliens may can or ought to be erected in England by the Fundamental Lawes and Constitutions of the Realm but only by full consent of the Nation in Parliament by special Acts of Parliamennt it being one of the greatest Intrenchments that can be upon the English Nations Rights Liberties Customs priviledges profit and a violation of all the former Charters Previledges Rights Franchises confirmed to them by the great Charter of England forty times since ratified by new Acts of Parliament This is evident by the Statutes of Magna Charta c. 9.37 34 E. 1. c. 4. 1 E. 3. c. 9. 14 E. 3. c. 1. 1. H. 4. c. 1. 2. H. 4. c. 1. 7. H. 4. c. 1. 9. H. 4. c. 1. 13. H. 4. c. 1. 3. H. 5. c. 1. 2. H. 6. c. 1. compared with 2 E. 3. c. 9. 27. E. 3. c. 1. to 29. 28 E. 3.13.15 39. E. 3. c. 7 19 H. 7. c. 12 and all other Acts for the Staple and Styliard and with 3. E. 4. c. 6. 1. R. 3. c. 9. 14 H. 8. c. 2. 21 H. 8. c. 16. 22 H. 8. c. 8. 32 H. 8. c. 16. touching Artificers Mâ—rchants and Aliens 3ly The preambles of the Statute of Merton 20 H. 3. 3 E. 1. with c. 17.48 6 E. 1. of Quo Warranto and of Glocester 13 E. 1. 12 E. 2. of York 9 10 14 15 25 28 36 37. E. 3.1.3 6 7 8 10 11 12 13 14 21. R. 2.1 2 4 6. H. 4.1 8 10 12. 36. H. 6. 18 E. 3. c. 1 2 3. R. 2. Rot. Parl. n. 36 40. 6 H. 6. c. 5. and other Acts declare and resolve That the Kings of England by their Oath and Duty and the Lords and Commons in Parliament are all obliged by their trusts and our Laws to advance uphold maintain and defend the welfare wealth safety of the Church Realm Subjects People of England and to prevent redresse suppresse remove by wholesom Laws and Ordinances all Grievances Mischiefs Damages Inconveniences Disinherisons contrary thereunto it being a fundamental Maxime both in our Laws and Law-Books SALUS POPULI SUPREMA LEX which the Army Officers in their Declaration of 16 Novemb. 1648. and Mr. John Pym in his Speech against Strafford 12 April 1641. p. 3. c. printed by the Commons special Order much insist on Moreover it is another Maxime in our Law Summa ratio est quae pro religione faecit Now the admission of the Jews into England as appeareth by the Statute de Judaismo and premised Histories is no way consistent with the welfare profit wealth safety of the Church Realm Subjects People or Religion of England and will be an extraordinary damage mischief grievance inconvenience and disinherison to them all Therefore prohibited enacted against by the general scope of all these Laws and Maxims and no ways to be admitted 4ly The Jews heretofore in England and still in all other parts being most grievous Clippers coyners forgers of money Vsurers Extortioners and the greatest cheators cozeners Impostors in the world in all their Merchandizes and Manufactures whatsoever upon this accompt they are and ought to be still excluded and never re-admitted amongst us by the provisions of all our Laws yet in force prohibiting clippâ—ng coyning usury extortion frauds deceipts in any Merchandizes or Manufactures whatsoever unless we intend to have them now more practised by them and others among us than ever heretofore The rather because they were never admitted free Trading and Habitation in England by any of our Laws touching Alien Merchants and Artificers free Traffick amongst us from the time of their forementioned banishment till this present under the Name and Notion of Jews Foraign Merchants or Artificers And therfore not to be admâ—tted to those new desired priviledges from which all these forecited Laws in my weak Judgement with the former old Parliamentary Judgement and Edict for their perpetual banishment in Law Justice Conscience still debarre them re-admittance til repealed and they if ever readmitted against all these Acts and Statutes must be introduced re-setled by special Acts of Parliament which no English Parliament in probability will ever indulge unto them as the peoples general present declamations in all places against their endeavoured introduction prognostick And thus much I thought meet to inform the Nation touching those Laws and Statutes which in my poor opinion directly or by consequence oppose their re-admission and refute those Lawyers mis-information who confidently averred there is no Law of England at all against it if Mr. Nye did truly inform me 2. For Scriptures these Texts may resolutely engage us against their re-admission 1. Matth. 5.13 Luke 14.34 35. Salt is good but if the salt have lost its savor wâ—erewith shall it be seasoned It is neither fit for the land nor yet for the dunghil but to be cast out and to be trodden under foot of men This is the condition of the Jews who have loâ—t both their Saviour and their favor too Therefore not fit for our land nor yet for our dunghils but to be kept and cast out from amongst us and trodden under foot of all true Christian men whiles unbeliever s. 2. 1 Cor. 16.22 If any man love not the Lord Jesus Christ let him be Anathema Maranatha That is separated and cast out from all Christian society and communion until the day of Judgement the highest kind of Jewish Excommunication Now the Jews are such who doe not only not love but deny defie and hate our Lord Jesus Christ in the highest degree Therefore to be excommunicated and secluded from our Christian communion and cohabitation amongst us to which they can pretend no right 3. 2 Cor. 6.14 15 c. Be ye not unequally yoaked together with unbelievers for what fellowship hath righteousness with unrighteousness and what communion hath light with darkness and what concord hath Christ with Belial and what part hath he that believeth with an Infidel and what agreement hath the Temple of God with Idols c. Wherefore come out from among them and be ye separate saith the Lord and touch no unclean thing and I will receive you The
which agrees with that in Holinshed he being thrust out and meeting his Father standing before the door expecting the event being animated against him said O Son of death and fewel of eternal perdition is not thine own damnation sufficient for thee unless thou also cast me headlong into it together with thee But God forbid that I to whom Christ is now revealed should ever acknowledge thee henceforth for a Father because the devil is thy father I have omitted in this second enlarged Edition of my Demurrer no passage to my knowledge in any of our Historians relating to our former English Iews reciting them all in a Chronological Order in the Historians own words quoted in the Margin only I finde sundry Records concerning them which I shall supply by a subsequent Appendix by themselves to gratifie those who bought the first Edition whom their insertion into this might have injur'd Herein I have only briefly touched not handled the great Question of the general calling conversion of the Iewish Nation to the Faith of Christ towards the end of the world for which I cannot finde any satisfactory grounds in Scripture That Text of Levit. 26.41 to 46. on which some build their general call having these two clauses in it that seem strongly to oppose or make it very dubious v. 41. IF THEN their uncircumcised heart be humbled and that they accept of the punishment of their iniquity c. v. 46. I will not cast them away neither will I abhor them to DESTROY THEM UTTERLY And that other Text of Rom. 11. whereon others most rely having this conditional passage express clauses against it v. 23. And they also IF they abide not still in unbelief shall be grafted in for God is able he saith not resolved to graffe them in again And v. 3 to 8. I have reserved to my self 7000 men c. Even so then at this present time there is a Remnant according to the election of grace c. But the Election hath obtained it and the rest were hardned or blinded Which compared with Rom. 9.27 29. Isaiah also saith concerning Israel Though the number of the children of Israel be as the sand of the Sea yet a REMNANT of them only shall be saved Except the Lord of Hosts had left unto us A SEED A VERY SMALL REMNANT so Isaiah calls it we had been as Sodom c. will necessarily evince that Rom. 11.26 And so all Israel shall be saved c. on which they ground this general call must be intended onely of all this small elect remnant of the Israel of God and seed of Abraham according to the faith not flesh Rom. 4 11 12 13 14 15 16. Gal. 3.7 8 9 14 16. Ga. 6.16 of all such who are Jews inwardly and have the Circumcision of the heart Rom 2.28 29. not of the whole Jewish Nation whose servants I fear weâ—e as few under the Gospel as the Gentiles Converts and Proselytes under the Law And those who will strain that Text further must necessarily aver not only an Universal Calling but likewise Salvation and taking away the ungodliness and sins of the whole Nation then by Christ of which that Text only speaks not only contrary to these forecited Scriptures and Gods dealing with all other Churches Nations but to Jer. 3.14 I will take you one of a City and two of a Tribe and I will bring you to Sion Mat. 21.16 Many are called but few chosen few saved Mat. 7.14 Luke 13.23 Therefore for any to call in the Jews among us upon this surmise of their general approaching Conversion is a strange Solecism both in State-Policy and Christianity especially in this age wherein that Speech of Waltramus Bishop of Naumburge is most truely verified Diabolus videns Idola derelicta per nimium credentium populum sedes suas ac templa deserta excogâ—itavit novam fraudem ut sub ipso Christiani nominis titulo fallat incautos haeresesque invenit schismata quibus subverteret fidem corrumperet veritatem Exinde divisa est Ecclesia divisa sunt Ecclesiae Sacerdotia atque omnia scandalorum orta sunt genera Exinde crevit grave diuturrum bellum non solum civile bellum sed plusquam civile bellum factae sunt absque divino pariter humano respectu vastationes Ecclesiarum caedes hominum Exinde etiam corruptae sunt divinae pariter humanae leges sine quibus non subsistit vel Dei Ecclesia vel Imperii Respublica ex inde violata est fides publica Catholica exinde etiam illa crevit injustitia ut pro veritate falsa testimonia pro fide Catholica abundent perjuria ut post quam Leges bello silvere coactae impleaturiam ista Domini sententia per Osee Prophetam Non est veritas non est misericordia non scientia Dei in terra maledictum mendacium homicidium furtum adulterium inundaverunt sanguis sanguinem tetigit Ipse Diabolus videtur nunc de carcere suo solutus esse Hinc publicae civium contra Cives congressiones aliis pro pastoribus legitimis aliis vero contra pastores dimicantes as he and Gerhobus Richerspergensis writ of Pope Hildebrands dayes If any man chance to censure me as overharsh or earnest in my expressions against the Jews I hope that speech of their royal Prophet a man after Gods own heart Ps 139.20 21 22. Do not I hate them O Lord that hate thee and am I not grieved with those that rise up against thee I hate them with a perfect hatred I count them mine enemies for they speak against thee wickedly depart from me therefore ye bloody men will apologize for me especially seeing their Proposals are Not only to be admitted and received into our Commonwealth under the protection and safeguard of our Governours AS THE NATIVES THEMSELVES and that all the Heads and Generals of Arms may take an Oath to defend them upon all occasions that they may be permitted to traffick freely in all sorts of Merchandize as others but to be judged by their Judges in differences between themselves according to the Mosaick Law And to be allowed PUBLICK SYNAGOGUES not onely in ENGLAND but also IN ALL OTHER PLACES under our power and TO OBSERVE IN ALL THINGS THEIR RELIGION AS THEY OUGHT That in case there have been any Laws against their Jewish Nation they may IN THE FIRST PLACE and BEFORE ALL THINGS BE REVOKED A clear evidence of an intended design in them only to set up their Synagogues of Satan Judaism Jewish Ceremonies in the highest degree amongst us as lawful in direct opposition and subversion of our only Lord Saviour Redeemer Mediator Jesus Christ his Person Offices Kingdom Gospel and Christianity it self without any thoughts of turning Christians themselves As Manasseh Ben Israel his printed Addresses most fully discovers In which case
alio discesserunt Ita profuga Gens de Anglia in perpetuum exivit misera semper alicubi terrarum petiâ—ura usque eo dum denique deleatur But I shall pass from Latin to our more common Englâ—sh Historians Fabian in his Chronicle part 7. p. 133. Mr. Iohn Fox in his Acts and Monuments Lond. 1640. Vol. 1. p. 443. and Richard Grafton in his Chronicle p. 169. thus report it in the same words almost This year also 1290. all the Iews were utterly banished the Realm of England for the which the Commons gave he King a fifteenth Nâ—cholas Trivet Polychronicon l. 7. c. 38. and William Caxton in his Chronicles printed 1502. in the life of K. Edward the 1. thus stories the Jews banishment out of Hygden and Trevisa in their words Anone after the King had done his will of the Iustices tho lete he inquere and espye how the Iews dysceyved and beguyled his people thorough the synne of falseness and of usury And lete Ordain a Prevy Parlement among his Lords So they ordainned among theim That all Iewes should void out of Englande for their Mysbyleve and also for their false vsury that they did unto Crysten Men. And for to speed and make an end of this thing All the Comynalte of Englande gave unto the King the XV. Penny of all theyr Goodes mevable and so were the Iewes driven out of Englande And tho went the Iews into France and there they dwellyd thrugh leve of Kyng Phylip that tho was Kyng of France Raphael Holinshed in his Chronicles out of them Vol. 3. p. 285. thus publisheth it In the same year was a Parliament holden at Westminster wherein the Statutes of Westminster the 3 d. were ordained It was also DECREED That all the Jews should avoid out of the Land in consideration whereof a fifteenth was granted to the King and so hereupon were the Jews banished out of all the Kings Dominions and Never since could they obtain any priviledge to return hither again All their goods not moveable were confiscated with their tailles and obligations but all their goods that were moveable together with their coyn of gold and silver the King licensed them to have and convey with them A sort of the richest of them being shipped with their Treasure in a mighty tall ship which they had hired when the same was under sail and got down the Thames towards the mourh of the River beyond Quinborow The Master Mariner bethought him of a wile and caused his men to cast anchor and so rode at the same till the ship by ebbing of the stream remained on the dry sands The Master herewith inticed the Jewes to walke out with him on land for recreation and at length when he understood the tyde to be comming in he got him back to the ship whither he was drawn by a cord The Jews made not so much hast as he did because they were not ware of the danger But when they perceived how the matter stood they cryed to him for help Howbeit he told them that they ought to cry rather unto Moses by whose conduct their Fathers passed through the red Sea and therefore if they would call to him for help he was able enough to help them out of these raging flouds which now came in upon them They cryed indeed but no succour appeared and so they were swallowed up in the water The Master returned with the ship and told the King how he had used the matter and had both thanks and reward as some have written But others affirm and more truly as should seem that divers of those Marriners which dealt so wickedly against the Jews were hanged for their wicked practise and so received a just reward of their fraudulent and mischievous dealing In Capitula Itineris in Totles Magna Charta f. 151. made in Edward the first his reign There is one chapter of Inquiry De catallis Judaeorum occisorum et eorum chartis vadiis qui ea habeant taken out of the Eyre of Rich. the 1. forecited which relates to these Jewes thus drowned and slain as I conceive since I read of no other massacre of them near that time John Stow in his Annals p. 204. and Survey of London p. 289. writes thus of it King Edward banished all the Iews out of England gâ—ving them to bear their enaâ—rges till they were out of the Realm The number of the Iews then expelled was fifteen thousand and sixty persons whose housâ—s being sold the King received an infinite masse 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 gaâ—n banished the Iews out of the Realm confiscating all their goods leaving them nothing but money to bear their charges they by their cruel Usuries having eaten his People to the bones To passe by Heylins Microcosm p. 570. Henry Isaacsons Chronology Anno 1290. Sir Rich. Baker his Chronicle of the Kings of England p. 146 147. 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 Jews 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 2 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 too in this particular This Statute was made writes he in the Parliament of 18 Ed. 1. That the mâ—schiefs 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 noâ— theâ—e 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 Iews and how necessary it was that the King should be supplyed with Treasure What benefit the Crown had before the making of this
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
Remitter into ENGLAND HAving in my late Short Demurrer to the Jews long discontinued barred Remitter into England presented the world with an Exact Chronological History of the English Jews and their affairs from their very first arival in England under King William the Conqueror till their universal final Banishment and Expulsion thence in the 18 year of King Edward the first after about 260 years continuance in our Island collected out of the best printed Historians Law-books and some few Records I conceived it not only expedient but necessary to second amplifie and illustrate it with this new Chronological Collection of such unprinted and generally unknown Records remaining in the Tower of London and Exchequer during the respective reigns of King John King Henry the 3. and Edward the 1. as properly relare to the History State affairs Legal transactions Proceedings Contracts Government of the Iews in England under these three Kings and to their final Banishment hence which for want of time and other causes I could not conveniently insert into my first Demurrer The Reasons inducing me hereunto are 1. The Rarity and Novelty of these Records never formerly published in print I have been informed by persons of Credit that our great learned late deceased Antiquary Mr. Iohn Selden many years since made a particular collection of the Records concerning the English Iews and gave them to Mr. Samuel Purchas to insert into his Pilgrimage who in his 3. Edit thereof Lond. 1617. B. 2. ch 10. Sect. 17. p. 171. published a Section with this Title to it Of the Jewes somtimes living in England collected out of antient Records by Mr. JOHN SELDEN of the Inner-Temple wherin there is such a poor maimed accompt given of them out of Records or Histories and so different from that delivered him that upon the publication thereof Mr. Selden was very much offended with Mr. Purchas for abusing him in such a manner and his Readers likewise there being not above 3 Records and those maimedly cited in that whole Section which defect I thought meet here to supply 2ly The rectifying and refuting of some Mistakes in Sir Edward Cook his 2 Institutes concerning the Statute de Iudaismo and the Jews Banishment out of England which I have more fully refelled in my second Edition and shall here further clear by several Records 3ly The illustration and ratification of some Passages in our Historians touching the slavish condition and frequent Taxes imposed on the Jews by our Kings 4ly The fuller discovery of the manner of their Contracts Stars Legal Proceedings Judicatories transactions and Government whilst in England wherein our Histories and Lawbooks are very defective 5ly The manifestation of the Machiavillian Policy of King Iohn and Henry the 3d to draw the Jews from forraign parts into England by granting them ample Liberties and Protection on purpose afterwards to ensnare oppress vex squeeze prey upon them and their estates with far greater greedinesse and advantage 6ly To publish to the world the zealous pious care of our Ancestors even in grossest times of Popery to prevent all communion of Christians with and seduction by the Jews to suppress their blasphemy convert them by compelling them to resort to the Friers Sermons for their edification providing for their converts by sundry Ordinances not mentioned in any printed English Historians but only in the Records here published 7ly To adde a further Barr to their Re-admission into England they having been invited hither if Menasseh Ben-Israel may be credited by divers EMINENT PERSONS excelling both in Piety and Learning as well as power who from the beginning of their Government of this Commonwealth have professed much respect and favor towards them made known unto them some years since that wished for liberty that they now are about to grant them as he in his late Humble Addresses and Declaration to the Commonwealth of England hath published to the world in print being now inquiring after a convenient Summer-house intending to settle himself at least if not his exiled Nation here among us whereas Pierce Gaveston a Forraigner and the two Spencers great Potent Englishmen have heretofore lost their lives and heads for returning into England without the Parliaments and Nobles license though by the Kings own invitation and license when banished thence by Parliament which this Jewish Rabbi and his banished Countrimen may do well advisely to consider for fear of afterclaps The first Records of our former Kings now extant except some few Charters and Exemplifications of them in Leiger-books Records and Histories are those oâ— King Iohn preserved in the Tower of London and Exchequer Amongst the Charter Rolls of this King Iohn I find a special Charter of his in favour of the Jews made in the first year of his reign dated at Rhoan July 31. Anno Dom. 1199. whereby he grants to James of London a Jewish Priest the Priesthood of all the Jews throughout England to have and hold it during his life freely quietly honorably and intirely without moâ—â—sâ—ation trouble or disturbance by any Jew or English 〈◊〉 in the exerâ—â—se thereof c. Such a Chaâ—teâ— as Mâ—â—â—sseh Bâ—n-Isrâ—el now aspires after for himâ—elf as his Addresses intiâ—â—â—â—â— which because I finde printed by Mr. Samuel Purchas and Sir Edward Cook and I have already published it verbatim in my Short Demurrer Edit 1. p. 44. and Edit 2. p. 50.51 I shall here pretermit with this obâ—ervation that in the close thereof there is mention made of a Charter of King Richard granted to this Jew That he should not be impleaded for any thing appertaining to him but only before the King himself or his chief Justice This is the very first Charter extant on record conning the English Jews What is recorded of them in our Histories before this rime I have elsewhere published at large I find another Charter of Safe-conduct granted by K. John to this Jewish Priest the self-same day and year as the former for his safe and free passage and of all things appertaining to him in all places both on this side and beyond the Sea without any injury molestation impediment or grievance to be done unto him more then to the King himself which being never yet printed I have here transcribed out of the Record it self Johannis Dei gratia c. Omnibus fidelibus suis ad quos Literae praesentes pervenerint tà m ultrà mare quà m citra Mandans vobis praecipiens Quatenus per quascunque Villas loca Jacobus Presbyter Judaeorum dilectus familiaris Noster transierit ipsum salvò liberè cum omnibus ad ipsum pertinentibus transire conduci faciatis nec ipsi aliquod impedâ—mentum molestiam aut gravamen fieri sustineatis plus quam Nobis ipsis Et si quis ei in aliquo forisfacere praesumpserit id ei sine dilatione emendadari faciatis Teste VVillielmo Marisco c. Dat. per manum Hu. Cantuar. Archiepiscopi
Cancellarii nostri apud Rothomagum 31. die Julii Anno Regni nostri primo It is observable that both these Charters were made not in England but at Rhoan in Normandy whence King William the Conqueror first transplanted the Iewes into England And that both the Charters to this Higâ— Priest of the Iews were granted by the hand of Hubert Archbishop of Canterbury then Chancellor Primaâ—e Metropoliâ—an and High Priest of the English Naâ—iâ—n whoâ—e Successors have justified the Divinity and Lawfulness of their Archiepiscopal Jurisdiction from the Jewish High Priests Office and Pagan Archstâ—â—ius Sic muâ—â—â— mulum scalpit Dignum Patello operculum King John having granted such Priviledges and Protection to this Jewish High Priest and Bishop in the firâ—t year of his reign proceeded by his and their monies most powerfull mediation to confirm and grant mâ—â—y ample Priviledges and Immunities to all the English and Norman Jews in his 2 year by these two ensuing Charâ—ers not formerly printed which I shall here transcribe verbatim as I finde them on Record The first râ—ns thus Johannes Dei gratia c. Sciatis Nos concessisse Omnibus Judaeis Angliae Normanniae libere et hoâ—o ifice habere residentiam in terra nostra omnia illa de Nobis tenenda quae tennerunt de Rege Henrico Avo Patris nostri et omnia illa quae modo rationabiliter tenent in terris et feodis vadiis akatis suis quod habeaxt omnes libertates consuetudines suas sicut eas habuerunt tempore praedicti Regis H. Avi patâ—is nostri melius quiecius honorabilius Et si querela orta fuerit inter Christianum et Judaeum ille qui alium appellaverit ad querelam suam dirationandam habeat Tâ—stes scilicet legutimum Christianum Iudaeum Et si Iudaeus de querela sua Breve habuerit Breve suum erit ei testis Et si Christianus habuerit querelam adversus Iudaeum sit judicata per Pares Judaei Et cum Iudaeus obierit non detineatur corpus suum super terram sed habeant homines sui pecuniam suam debita sua it a quod mihi non disturbetur si habaerit haeredem qui pro ipso â—espondeat rectum faciat de debitis suis de forisfacto suo Et liceat Judaeis omnia quae eis apportata fuerint sine occasione accipere emere exceptis illis quae de Ecclesia sunt panno sanguine lento Et si Judaeus ab aliquo appellatus fuerit sine teste de illo appellatu erit quietus solo Sacramento suo super librum suum et de appellatu illarum rerum quae ad Coronam nostram pertinent similiter quietus erit solo Sacramento suo super Rotulum suum Et si inter Christianum Iudaeum fuerit dissentio de accommodatione alicujus pecuniae Judaeus probabit Catallum suum Christianus lucrum Et liceat Judaeo quiete vendere vadium postquam certum erit eum illud unum annum unum diem tenuisse Et Judaei non iâ—trabant in placitum nisi coram Nobis aut coram illis qui Turres nostras custodierint in quorum Ballivis Iudaei manserint Et ubicunque Iudaei fuerint liceat eis ire ubicunque voluerint cum omnibus catallis eorum sicut res nostrae propriae nulli liceat eos retinere neque hoc eis prohibere Et praecipimus quod ipsi quieti sint per totam Angliam Normanniam de omnibus Consuetudinibus Theoliniis modiatione vini sicut nostrum proprium catallum Et mandamus vobis praecipimus quod eos custodiatis defendatis manu-teneatis et prohibemus ne quis contra Cartam istam de hiis supradictis eos in placitum ponat super forisfacturam nostram Sicut Carta Regis H. patris nostri rationabiliter testatur T. Humf. filio Petri Com. Essex Willielmo de Marescal Com. de Pembr Henr. de Bohun Com de Hereford Robert de Turnham Willielmo Brywer c. Dat. per manum S. Well Archidiac apud Merleberg Decimo die Aprilis Anno regni nostri secundo The second Patent runs in these words Johannes Dei gratia c. Sciatis Nos concessisse praesenti Carta nostra confirmasse Judaeis nostris in Anglia ut excessus qui inter eos emerserint exceptis hiis qui ad Coronam Justitiam nostram pertinent de morte hominis mahemio de assaltu praemeditato de fractura domus et de Raptu et de Latrocino de Combustione de Thesauris inter eos deducantur secundum Legem suam et emendentur Justitiam suam inter se ipsos faciant Concedimus etiam eis quod si quis eorum alium appellaverit de querela quae ad eos pertineat Nos neminem compellemus ad testimonium cuiquam eorum contra alium exhibendum sed si Appellator rationabilem idoneum testem habere poterit eum secum adducat Siquod verò opus sceleratum apertum inter eos emerserit quod ad Coronam nostram vel ad Justitiam pertineat sicut de praedictis Placitis Coronae licet nullus eorum noster appellator suerit Nos ipsam queâ—elam faciemus per Legales Judaeos nostros Angliae inquitiâ— sicut Carta Regis H. patris nostri rationabiliter testatur Teste G. filio Petri Com. Essex Willielmo Mareschallo Com. de Pembr Hen de Bohun Com. de Hereford Petro de Pratell Roberto de Turnham Willielmo de Waren Hugo de Nevil Roberto de veteri Ponte Dat. per manum S. Well Archidiac apud Merleberg X. die Aprilis Anno Regni nostri secundo Both these Charters were dated at the same place on the self-same day by the self-same hand and subscribed by the same Witnesses for the most part The first of them extends to all the Jews both in England and Normandy the latter to the Jews in England alone The persons subscribing them as witnesses were eminent both for honor and power and it appears by the recitals in the Charters that the Liberties granted and confirmed by them to these Jews were wholly or for the most part such as King Henry the first Grandfather and K. Henry the 2. Father to King John had formerly granted and confirmed to them by their respective Charters And if you compare that Law inserted by Hoveden and others amongst the Confessors and Conqueâ—ors Laws De Judaeis in Anglia constitutis You will find it taken almost verbatim out of these Kings Charters in whose times Hoveden writ his Annals and puny to the Confessors and Conquerors Laws in the true Original copyes whereof it is not to be found We need not much wonder that King Iohn did grant such large Libâ—rties and Charters as these recited to the Jewish High Priests and Jews throughout his Dominions since some few years after as Matthew Paris writes he sent special Embassadors to Admirallus the Great
negocia nostra quae pertinent ad officium illud rectand per totam Angliam Et ideo vobis mandamus quod praedicto Ric Alex. et Elye sitis intendentes in omnibus quae spectant ad officium illud sicut fieri solebat tempore Will de Wartun Thom. de Nevil Galfr. de Norwic. T. Com. apud West 8. die Maii. Not long after the same year there were several writs sent to the Sheriff of Hereford and others to protect the Jews persons and estates from violence which the people were prone to offer to them and to preserve them from all suits and arrests against them for contracts or other things both in the Bishops Ecclesiastical Court and before the Sheriffs or Kings ordinary Justices and Judges but only before the Justices specially designed for their custody as in the time of King Iohn which writs were all sent them in this form Rex Vicecomiti Hereford salutem Scias quod de communi Concilio nostro concessimus Judaeis nostris ut ipsi maneant in Hereford sicut solebant tempore Domini Johannis Regis Patris nostri quod talem habeant communionem qualem habere consueverant inter Chrisâ—ianos Et ideo tibi praecipimus quod eos custodias mâ—nnreneâ—s protegas non eis infetens vel inferri permitteâ—â—â— aâ—iquod gravamen vel molestiam si aliquis 〈…〉 forisfecerit id eis sine dilatione facias 〈…〉 clamari facias per totam Ballivam tuam 〈…〉 pacem nostram dedimus non obstante 〈…〉 â—â—bitione inde facta ab Episcopo Hereford quia nihil ad ipsum pertiner de Judaeis nostris Et proâ—ibemus tibi ne manus mittas in eos aut in Catalla eoâ—um nec eos capias aut imprisones nec in Placitum trahas aut a Justiciariis nostris ab aliquo trahi permittas Sedu aâ—iquid fecerint quare poni debeant per vadium plegios tunc illos eorum excessus attachies quod â—â—nt coram Jusâ—iciariis nostris ad Custodiam Judaeâ—rum attornatis inde responsuri hoc facias per viâ—um legalium Christianorum Judaeorum Et non permittas quod placitentur in curia Christianitatis occasione â—â—cujus debiti Et haec omnia fieri facias sicut fieri solebant tempore Johann Regis patris nostri Teste Com. apud Tâ—â—rom London 19 die Junii Anno c. secundo Eodem modo scribitur Vicecomiti Wigorn. Vicecom Civibus Eborum Vicecomiti Constabulario Lincoln 〈◊〉 de Stanford Constabulario Bristol pro Judaeis de Bristol Vicecom Constabul Gloucest pro Judaeis Gloucestriae Vicecom Constab Northamton â—â—cecom Suthampton civibus Winton pro Judaeis There 〈◊〉 Jews then residing in all these places Iâ— the 2 year of King Henry the 3. I find this Kings â—rit to several Sheriffs where the Jews resided to proclâ—â—m that all the Jews where ever they did walk or ride should on their upper Garments wear a white â—abâ—es on their breasts made of Linnen Cloath or parchment as well within the Town as without that so they might be known from Christians Rex Vicecomiti Wigorniâ— salutem Prâ—cipimus tibi quod â—lamari observari facias per totam Ballivaâ— tâ—â—m quâ—d omnes Judaei deferunt in superiori indumento suo ubicur 〈◊〉 ambulaverint aut equitaverint infra villam vel exâ—ra quaâ—â— duas Tabulas albas in Pectore fact as de lineo pâ—atano vel dâ— parcameno Ita quod per hujusmodi signum manifeste poâ—sint Iudaei à Christianis discerni Tâ—ste Câ—mite to wit William Marshal Earl of Glâ—cester the Kings Guardâ—an and Protector apud Oxon. 30. die Martiii Item mandatum est Vicecomit Glocest VVarwick Lincoln Oxon Northampt. Majori Vicecomitious London In the Fine Roll of 2 H. 3. there is a writ directed to the Barons of the Exchequer by the King reciting Constat Nobis per inspectionem rotulorum Iustâ—ciariorum de Iudaismo c. that King Iohn his Father released Mirabilia the wife of Ely a Jew of all Debts due to him by her Husband Ita quod omnes Chaâ—â—e quâ—e fuerunt ipsius Eliae debita in eis contenta ipsi patri nâ—stro remâ—neant that King Iohn upon Elye his death seiâ—ed and granted â—ll his houses except two which Mirabilâ—â— by agreement was to have paying a fine of 15 marks to his Fatheâ— which was not yet paid which agreement he confirmâ—d and thereupon orders the Sheriff to â—â—y the â—aid Fine and Debts T. Com apud Gloc. 3. die Ian. It appears by many Rolls of â— and also of 3 4 5. H. 3. that King Iohn seiâ—ed and gaâ—e away â—o other the Houses of divers Jews both in Gloceâ—ter Oxon. Noâ—thampton and that King Hâ—nâ—y likewise diâ—poâ—ed of them as escheated to him either by the Jews deaths oâ—â—oâ— some other causes Take these two presâ—dents for all the rest Rex Fulk de Breant salutem Mandamus vobis quod sine dilatione habere fac Pho Marc. domum quae fuit Isaac Iudaei de Eboraco in Northampton et domum quae fuit Isaac Judaei Oxon in Oxon quas Dom. Jo. pr. noster dedit Galf. Luterel cujus terrae et haeredis custodiam concessimus eidem Pho. T. Com. apud West 17 die Jan. per ipsum Com. coram Dom. Winton Eodem modo scribitur Vic. Oxon. pro eodem et Ballivis Iudaeorum Oxon. pro eodem Rex Vic. Gâ—ouc salutem Constat nâ—bis per inspectionem Rotulorum nostrorum quod Dom. J. Rex pater noster dedit Guiberto de Rue Domum quae fuit Elye Iudaei Gloc. c. cum quadam placiâ—a quae fuit Mostei Judaei cum pert suis Et ideo tibi praecipimus quod eidem Guiberto de praedict domo placia plenariam seisinam sine dilatione habere fac T. Dom Pet. Winton apud Novum Templum London 23. die Sept. per eundem In the 3d. year of King Henry the 3. some Jews coming into England from foreign parts with their goods to reside there the Wardens of the Ports of England seised upon the persons and estates of these unwelcom Guests which occasioned these new Writs to be sent unto them for their free admission into England without impediment or seizure upon such security and terms as are expressed in the Writs and prohibiting the transportation of any Jews or their Chattels out of this Land into foreign parts without the Kings special Letters and Licenâ—e being once within his power Rex Custodâ—bus Portuum Angliae Praecipimus vobis quod Judaeos qui venturi sunt in teâ—ram nostram Angâ—iae de traâ—â—â—ia triâ—is partâ—bus ad morandum in terra nostra Angliae cum catalâ—is suis liberè et sine impedimento in portu nostro â—ccâ—dere permittatis accepta ab eis sufficienti securitate secundum Lâ—gem Judaeorum per fidem eorundem quod quam câ—ritis poterint veniant ad Iusticiarios nostros ad custodiam Judaeorum assignatos ad inrotuland
care and cost as the richest Pearls Treasures and Jewels of the Nation To which I answerâ— 1. That all our wisest Kings Parliaments Ancestors Statesmen in former ages had ever a special care to record all businesses of publike or private ocncernment and to preserve our ancient Records as the choicest Treasures appointing special Treasuâ—ies places to preserve them in and Custodes Râ—tulorum Treasurers Chamberlains Registers Clerks to keep them safe from injury corrupting and embeâ—â—lâ—ing and enacting many Statutes for this purpose wiâ—neâ—â—e not only the Chests Cyrographers Officers and oâ—hers forementioned for keeping the Records and Charteâ—s of the Jews and their Rolls but also 13 E. 1. c. 25.30 1 E. 3. c. 4. 5 E. 3. c. 12. 9 E. 3. c. 5. 6 R 2. c. 4. 13 H. 4. c. 7. 2 H. 5. c. 8. 4 H. 6. c. 3. 8 H. 6. c. 12.15 10 H. 6. c. 4. 18 H. 6. c. 1.9 27 H. 8. c. 16. 32 H. 8. c. 28. 34 H. 8. c. 22.28 37 H. 8. c. 1. 2 E. 6. c. 10.3 4 E. 6. c. 1.1 2 Phil. Mar. c. 2. 23 Eliz. c. 3. 27 Eliz. c. 9. 31 Eliz. c. 3. 1 Jac. c. 6. with other Acts And must they now after all these Statutes be all maâ—e a burnt-offring unto Vulcan upon the crack-brain'd Motion of an Ignatian Incendiary 2. The Statute of 8 H. 6. c. 12. still in force Oâ—daiâ—s That if any Record or parcel of the same writ retoriâ— paâ—el proces or warrant of Attorney in the Kiâ—gs Couâ—ts of Chancery Eschequer the one Bench or other or in his Treasury be willingly stolen taken away withdrawn or avoided by any Clerk or other Person by cause whereof any judgement be reveâ—sed 〈…〉 â—alâ—r taker away wiâ—hdrâ—â—◠〈◊〉 and avoider their Procurers Counsellors and Abettors being thereof inaâ—â—ted and by process theâ—eupon 〈◊〉 thereof duly convict by their own confession or by enquest to be taken by legal men whereof the one half shall be of the men of some Court of the same Courts and the other halâ— of â—â—her shall be judged for Felons and shall incurre the pain of Felons And that the Iudgâ—s of the saiâ—â—ourâ—â—â— of the one Bench and of the other have power to hear and detâ—rmine such defaults before them and thereoâ— to mâ—ke due puniâ—hment as is aforesaid And now Hugh Peters if I may be thy Counselâ—or 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 Attaâ—ndâ—rs 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 prescribes 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 enâ—uing weighty Considerations First theâ—e 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 câ—eared judicially evidenced upon any emergenr 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 oâ—er 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 Naâ—ion upon the frantick motion of a Bedlam in this particular as for a Great landed Nobleman to burre 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 Nunneriâ—s Colledges Hospitals Free-schools Universities great Officers Chancellors Generals Admirals Marshals