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A91270 The second part of a Short demurrer to the Ievves long discontinued remitter into England. Containing a brief chronological collection of the most material records in the reigns of King John, Henry 3. and Edward 1. relating the history, affaires, state, condition, priviledges, obligations, debts, legal proceedings, justices, taxes, misdemeanors, forfeitures, restraints, transactions, of the Jews in, and final banishment out of England, never formerly published in print: with some short usefull observations upon them. Worthy the knowledge of all lawyers, scholars, statists, and of such Jews who desire re-admission into England. / By VVilliam Prynne Esquire, a bencher of Lincolns-Inne.; Short demurrer to the Jewes long discontinued remitter into England. Part 2 Prynne, William, 1600-1669. 1656 (1656) Wing P4073; Thomason E483_2; Thomason E872_1; ESTC R203286 147,465 222

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malitious potent vexatious Adversaries will be utterly abolished by Salt Peters new Firework to burn all our old Records to ashes 4ly Whereas this Ignoramus in our Records the most whereof he never yet saw and cannot so much as read produceth this only reason for their burning that they are the monuments of Tyranny I would demand of rhis bold blind Bayard who judgeth of coulors he never yet saw how he can make good this notorious untruth The greatest part of our Records are the two great Charters of the Liberties of England and the Forrest or sundry subsequent confirmations of them in several Parliaments the good old Laws Statutes Ordinances made by our wisest Kings Nobles Commons upon long advise and serions debates in our English Parliaments for the Government Peace defence wellfare of the people The proceedings debates Judgements Resolutions of our sagest Parliaments Judges Courts of Justice in all matters cases publike private civil or criminal formerly debated or resolved in them Old Charters Commissions Patents Writs Concords Fines Recoveries Statutes Judgements Extents Indictments Offices Grants of Liberties Lands Franchises Fairs Offices Pardons to particular persons corporations all matters advancing the defence of the Realm by Land and Sea in times of danger war according to the ancient Laws and Customes of the Realm Negotiations Truces Leagues with Embassies Letters to from forain Stares All particulars concerning Merchants Merchandise Trade Coyn Bullion Measures weights wools Staples Ships and the like Now how all or any of these can be stiled Monuments of Tyranny let this Lindsy-Wolsy great Clerk demonstrate at his best leasure Besides I here averr ex certa scientia against this Imposture That most of our old Records especially in the Tower are so far from being monuments of Tyranny that on the contrary they are the chiefest badges the clearest evidendences of those good old English Liberties which our noble Ancestors claimed purchased and transmitted to us as our richest Birthrights yea the principal Bulworks Fences against all sorts of Tyrannical usurpations encroachments on the Peoples Liberties Rights Properties in any kind whatsoever To put this out of Controversie I shall appeal only to the many excellent old Records produced most insisted on by the Commons and others in the several Parliaments of 7 8 21 Jacobi and 3 4 17. Caroli against all Impositions Tunnage Poundage Customs Excises Loans Taxes demanded imposed and exacted from the Subject without common consent and Act of Parliament against imprisoning Subjects by King or Council Table without any legal cause expressed in the warrants and not bailing them in such cases against Shipmoney Court and Conductmoney the Bishops late Canons and Oath Commissions for executing martial Law in times of Peace impressing and billiting Souldiers the Commissions of Array with other late Grievances Monopolies and the arbitrary proceedings of Strafford Canterbury the old Council Table Star-chamber and High-commission printed in sundry Treatises in Sir Edw. Cooks 2 4 Institut Sir Robert Cottons Posthuma and in my Legal Historical Vindication and collection of the good old fundamental Liberties c. of England to which I shall refer the Reader and Hugh Peters who if he had St. Augustines ingenuity hath as much cause and more than he to write a book of Retractations especially of this his rash sentence passed against our old Records devoting them to the fire which his and others New-Modles better deserve than they Now that I may the better excite encourage all generous English Spirits especially Lawyers Statesmen Historians Heralds and Divines who have opportunity not only to the diligent preservation but inspection study perusal of our ancient over-much neglected sleighted Records so rashly devoted to the fire by Peters I shall in brief acquaint each of them what hidden Treasures and rare precious pearls are locked up in these old Parchment cabinets 1. All grounded Students and Professors of the Law upon diligent search may find in our old Records the several Writs of Summons for our Archbishops Bishops Abbots Priors Dukes Earls Viscounts Barons Citizens Burgesses Merchants and all other Members to our ancient English Parliaments Great Councils of State Synods Convocations with the several prorogations adjournments dissolutions of them for Knights and others wages The Speeches Proceedings Petitions Debates Consultations Orders Ordinances Statutes Judgements Pleas Demands Grants or Refusals of Aides Subsidies with all transactions resolves concerning peace War Government Trade Merchandise Bullion Coyn Weights Measure purviances Customes Tunnage poundage Imposts Fishing Shipping defence of King or Kingdom by Land or Sea Liberties priviledges properties regulation of abuses supplies of defects of Law Justice and all other matters formerly discussed in our English parliaments Which if faithfully transcribed and methodically digested into a Parliamentary Chronicle would for rare usefull matter Excellency certainty far exceed all Histories Statute-Books Law-Books Chronicles ever yet compiled rectifie many grosse mistakes in most of them and make more able knowing Lawyers Judges parlamentmen Statesmen than former ages have produced Besides the old Records in the respective Treasuries of the Tower Courts at Westminster and the Rolls faithfully relate at large the Institutions Jurisdictions procedings Judgements Writs Formalities Debates commissions Law-cases Judges Officers names customes Fees of all the great courts of Law Justice Equity civil Ecclesiastical Military Marine Justices Itinerant Justices of the Forrest Justices of Assize Oyer and Determiner of most other inferiour Courts and Commissioners both in England Wales Ireland Scotland Gascoyne Normandy Poyters the Isles of Man Gernsy Iersy Alder●y Serk Silly and other Isles the Stanneries in Cornwall and in most Corporations Counties Hundreds Honors Mannors in them Record all sorts of commissions charters Writs Warrants Instruments relating to Law Iustice Trade peace War The Courts Jurisdictions priviledges Mannors Lands Fees Rents exemptions Liberties Royalties Tenures Services customs Offices Successions pedigrees of the Kings Princes Queens Archbishops Bishops Deans Chapters cities corporations Fraternities Guilds Nobility Gentry Freeholders of England Ireland Wales Scotland and all Dominions Isles annexed to them with sundry other particulars necessary for an accomplished Lawyer out of which industrious Lawyers if countenanced by authority and encouraged by a a publike Salary might collect such a rare new Body and Systeme of the Laws customs courts and ancient legal proceedings in all the courts of Justice throughout our Dominions as would as far excell all other Abridgements collections Reports Institutes Registers Law-Books hitherto published for use excellency as the richest Diamond exceeds the basest pibble and bring more honour benefit to the English Nation than all the Shepheards Calenders and New-corps or Models of our old English Laws attempted by Hugh Peters Sword-men and some bold illiterate Ignoramusses of the Law who neuer yet perused any of our old Records nor read over half our English Law-books and yet will be reformers or deformers rather of what they never exactly knew not understood In brief the exact knowledge of our
irrotulari faciant et ea quae ibid. invenient Regi constare faciant In cujus c. T. R. apud Westm 5. die Nov. Anno 44 H. 3. Cok and his Brother two Jews having four years before made a fine of 2000 marks in silver for the goods of their Father except the Chattels the Queen would take for her gold c. The King granted them for a fine to pay the arears of the 2000 mark at certain times and in the mean time to be freed from all Taxes unless only for their own proper goods as appears by a special Patent part of which monyes they were to pay and paid in gold into the Wardrobe This year there issued a Precept to seize and levy all the Jews Debts Mandatum est Justic ad custod Iud. assignatis quod omnia debita tam ea quae sunt in Thesaur Judaismi Regis quā ea quae manent in summonitione contenta in rotulis Scacc. Iudeorum quae scil debita excedunt 20 mar liberent sine dilatione The saurario et Baronibus de Scac. ponend in summonitionem ibidem retentis tamen penes ipsis Iustic transcriptis eorundem T. R. apud S. Paulum London 9. die Maii Per H. le Bygod Anno 45 H. 3. The King at the Queens Petition granted Solomon Eveske of London to be free from all Taxes for two years he also issued forth these Letters Patents to search inroll and inqui●e after all Jews debts pawns estates c. Rex Vic. Constabular Castrorum Majoribus Ballivis Cirographr et omnibus Ministris suis de Wilton Merleberge Glouc. Bristol Exon et omnibus aliis presentes Literas inspecturis salutem Sciatis quod assignavimus Magist Robert de Meleel et Radul de Hocest ad Archas Citogr Judaeorum aperiendas et scrutandas et ad omnia debita in eisdem inventa irrotulanda et ad inquirend omnibus modis quibus melius viderint expedire de bonis et catallis praed Judeorum mobilibus et immobilibus extra Archas viz. quantum singuli habeant in auro et argento vadiis jocalibus terris redditibus et omnibus rebus aliis in quorum manibus vel custodiis fuerint et devenerint tam in Civitatibus Villis domibus religiosis quam ab omnibus locis aliis ut de predict debitis et catallis et eorum quantitate certificari possumus Et ideo vobis mandamus quod ad omnia praedicta exequenda et expedienda predicto Roberto et Radul sit is intendentes consulentes et auxiliantes in omni forma quam vobis dicent et injungent ex parte nostra In cujus c. T. R. apud Turr. London 16 die Iulii Consimiles Literas Pat. habet Simon Passelewe Archis Winton Oxon. Bed Northam Georgius de Dover Willielmus Hamselbech apud Cant. Essex Norff Suff. et Canteb Roger de la Lye apud Stanford Lincoln Not et Ebor. de Hereford Warwicke Wigorn. This year the King granted this Patent of Safe conduct for a time to Solomon a Jew who had abjured the realm to return for a season for his special service Rex omnibus c. salutem Licet Solomon le Eveske Judeus abj●ravit regnum nostrum tamen quia inter homines terrae pro quibusdam negotiis nos specialiter tangentibus in Angl revertat concessimus ei quod salvo et secure venire possit in regnum nostrum Et ideo vobis mandamus quod eidem Judeo in veniendo morando ceu recedendo malum non inferatis vel inferri permittatis impedimentum dampnum vel gravamen Et si quid c. In cujus c. Duratatur usque ad Festum Sancti Trin. prox futur T. R. apud Turrim London 16 die April This year the Wardens and Constable of the Tower of London claimed this priviledge by prescription that they ought to have the atachment imprisonment of all Jews Jewesses of London and other places and of all Christians and Jews that were to be attached or imprisoned by the judgement of the Justices and Exchequer of the Iews for any matters concerning Judaisme and likewise to hold Plea in the Tower of all Debts of Iews under 40 s. which priviledge the King allowed and commanded to be observed by this Writ Rex Justic suis ad custod Iud. assign salutem Quia Custodes et Constab Turris nostrae London semper habere consueverunt omnia attachiamenta tam Iudeorum quam Iudearum L●ndon quam aliorum Iud nostrorum forinsecorum et etiam imprisonamentum tam Christianorum quam Iudeorum quos occasione Iudaismi Prisonae nostrae contigerit adjudicari vel per preceptum nostrum vel per considerationem Scac. nostri Judeorum Quia etiam predicti Custodes et Constab tenere consueverunt placita inter Christianos et Iudeos de vadiis usque ad summam 40 s. Providimus volumus quod de cetero sic fiet in omnibus Et ideo vobis mandamus quod omnes tam Christianos quam Judeos quos contigerit per preceptum nostrum vel considerationem praedicti Scac. nostri Iudeorum ca●cerali custodia ratione Judaismi quoquo modo committi eos liberari faciatis Constab Turris nostrae et per ipsos et Ministros suos praedict faciatis attachiamenta de Judeis et placita vadiorum teneri sicut praedict est Ita quod nullus nisi Constabularius predict Turris nostrae de caetero se intromittat de hujusmodi attachiamentis vel imprisonamentis vel placitis vadiorum praedict Et hoc faciatis firmiter teneri et observari T. R. apud Sanctum Paulum London 26 die Maii. Which record fully sets forth the Iurisdiction of the Keepers and Constable of the Tower of London over the Jews persons and affairs in that age Rex Iustic ad Custod c. Monstravit nobis Cresse Iudeus de Wilton qui decimo anno preterito finem vobiscum fecisset per aurum ad opus nostrum ut sine occasione implacitare posset coram vobis Galf. de Winelesford de debitis quae ei debet extra Archam Judaeorū quod idem Galf. recognovisset coram vobis se debere praefato Iudeo X. libr attamen quidam prefat Iudeo invidentes ipsum super dicto debito fraudulenter et maliciose inquietare et molestare nituntur Et ideo vobis mandamus quod si scrutatis rotulis Scac. nostri Judeorum inveneritis ipsum Judeum finem predict fecisse tunc finem illum secundum irrotulat praedict et consuetudinem Judaismi nostri remanere fac sine occasione T. R. apud Windes 5. die Febr. The King wanting present moneys this year sent forth this writ Quia Rex plurimum indiget ad praesens pecunia Mandat est Justic ad custod Iudeorum assignat quod omnes denarios de Judaismo regis quos reservant ad aurum inde emend ad opus Regis sine dilatione liberent in Garderoba Regis Aberico de
Masters of their Law without the Kings special license 10. That the Iews usury was no ways countenanced nor approved but generally condemned and frequently released by our Kings long before the Statute de Judaismo which most infallibly appears to be made in 3 Ed. 1. not in 18. as Sir Edward Cook very grosly mistook And that the banishment of their Usury by it was not the cause of their voluntary banishment hence as he most fondly conceited 11. That the Presbyteratus Judeorum totius Angliae was not the High Priests spiritual function as Sir Edward Cook and others affirm but only a temporal office and Comptrolership in the Kings Exchequer of the Jews 12. That our Kings and Auncestors in times of Popery made and published sundry excellent Ordinances against the blasphemies abuses of the Jews and were very zealous industrious to convert them to Christianity and carefull to maintain support confirm and provide for them when converted in their Domus Conversorum That King Edward the first remitted his right to all the goods of convert Jews by an unchristian usage confiscated formerly to the Crowne by their very conversion allowing all Converts the moity of their estates to maintain them and granting the other moity of their Estates together with his Deodands and all forfeitures and Chevages of the Jews for the support of the Converts and their House Chappel Chaplains Yet very few of them were converted 13. That King Edward the 1 in the 18 year of his reign did by publike Edict of Parliam actually banish all the Jews out of England except the Converts by a set prefixed day beyond all contradiction much against the Jews good wills as I have undeniably proved by sundry Records forecited here and by multitudes of Historians in my first Demurrer against Sir Edw. Cooks grosse error A truth so clear that the very Jews themselves as I am informed by those best versed in their Manuscript Antiquities do make special mention of this their Banishment out of England in their Chronicles in Manasseh Ben-Israels custody taking their later computations of years from thence as a time very remarkable and ominous to their whole Nation And well might they do so seeing learned Mr. Edward Brerewood in his Enquiries touching the diversities of Languages and Religions throughout the chief parts of the world London 1614. c. 13. p. 92. assures us that The first Country of Christendom whence the Iews were expelled without hope of Return was our Country of England whence they were Banished Anno 1290. by King Edward the first By which example Not long after they were likewise banished France Anno 1307. by Philippus Pulcher Only of all the Countries of France in the Iurisdiction of Avignon the Popes State some are remaining Out of Spain An. 1492. by Ferdinand and shortly after out of Portugal Anno 1539. by Emanuel Out of the Kingdome of Naples and Sicilie Anno 1539. by Charls the V. as he there writes Out of which Sir Edward Cooke might have as well averred they only voluntarily banished themselves as that they voluntarily banished themselves out of England with ut any special Edict for their exile thence What other particulars of lester moment concerning the Jews occurre in these Records I have formerly touched in their respective places and shall here omit Having thus compleated my JUDAISMUS ANGLICANUS REDIVIVUS if I may so stile it or Chronological Collections of the Historical and Legal affairs of the English Jews out of the rich unknown Magazine of our generally neglected slighted precious old Records which Hugh Peters the great New-modeller Reformer of our former Lawes Liberties Government Kingdom Republike Church Religion Justice Law Merchandise Navy the Poor and what not but himself out of his rash fiery Zeal and transcendent ignorance would now make all new Martyrs but yet be none himself For which end in his Good Work for a good Magistrate London 1651. after his proposal of A short Model for the Law p. 28. c. he concludes with this advice as a Good Work fit for his good Magistrate p. 33. This being done It is very advisable to burn all the old Records yea even those in the Tower the Monuments of Tyranny that so his New Whimsies only might be known and adored for our English Lawes and Monuments in all succeeding ages I shall therefore crave Liberty to inform the World and this Ignoramus of the incomparable Excellency Utility Necessity of preserving these Records which he hath so brutishly devoted to the fire before he either knew their contents or worth which our Ancestors even in all former Wars Revolutions as well as times of peace and settlement preserved with much care and cost as the richest Pearls Treasures and Jewels of the Nation To which I answer 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 Treasuries places to preserve them in and Custodes R●tulorum Treasurers Chamberlains Registers Clerks to keep them safe from injury corrupting and embezelling and enacting many Statutes for this purpose witnesse not only the Chests Cyrographers Officers and others forementioned for keeping the Records and Charters 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 made a burnt-of●ring unto Vulcan upon the crack-brain'd Motion of an Ignatian Incendiary 2. The Statute of 8 H. 6. c. 12. still in force Ordains That if any Record or parcel of the same writ retorn panel proces or warrant of Attorney in the Kings Courts 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 reversed th● such stealer taker away withdrawer and avoider their Procurers Counsellors and Abettors being thereof indicted and by process the●eupon made 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 half of other shall be judged for Felons and shall incurre the pain of Felons And that the Iudges of the said Courts of the one Bench and of the other have power to hear and determine such