Judeorum assignatis quod pro predictis quinque marc ipsos Judeos non distringant Teste Rege apud Windesor primo die Maii. Mandar est c. quod distringi faciant terras quae fuerunt Mathei Peverel c. for a debt due to a Jew and to others to answer a debt to Aaron the Jew In the 33 of H. 3. I find these records concerning the Jews An Extent of Robert de Muntenay in Littlebar of a Jews land per Sacramentum proborum et legalium hominum extendi fac c. The King himself in that age appointed the Jews Bayliffs in the Eschequer as is evident by this record Mandatum est Justic ad custodiam Judeorum assign quod non permittant quod aliquis Judeus habeat aliquam Ballivam ad Scacc. Judeorum praeter Jacobum Episcoâ—um Abrah fil Vines et Jacob fil Flurye et si Elyas Episcopus qui prius fuit ad dictum Scac. resideat ad idem Scac. per preceptum Regis tunc Rex vult quod reâ—ipiant Aaron fil Abraham tanquam socium suum T. R. apud Westm xi die Julii anno c. The King then likewise appointed the Clerks of the Jews Exchequer and the Cirographers of their publick Chests as this record doth manifest Rex vult quod Abraham fil Vines sit clericus Regis in Scac. suo Iudeorum et quod sit Cyrograph Archae Regis Cyrograforum Iudaeorum apud London loco Abrahamae fil Muriell Et ideo mandatum est Justic. ad custodiam Judeorum assignatis quod acceptis ab eodem Abrahamo fil Vines sufficientibus plegiis de fidelitate ipsum ad praemissa Officia admittant et clavem Archae Cirographorum quam Abraham fil Muriel habet eidem liberari faciant T. R. apud Westm xxix die Junii Rex vult quod Aaron fil Abraham Iudeus London resideat ad Scaccarium Regis Iudeorum tanquam Vines c. ut supra T. R. apud Winton 26 die Maii. The same year I find an Extent of John of Coniz of Brewineston his Land for a Debt to a Jew per sacram proborum et legalium hominum extendi fac c. T. R. apud VVestm 9 die Maii. The same year Aaron of Yorke agreed again with the King to pay a certain Tax to him yearly expressed in this Patent Rex omnibus c. salutem Sciatis quod concessimus Aaroni filio Abrahami Iudeo quod sicut talliatus fuit ad decem octo libras coram Nobis ad terminum Sancti Michaelis Anno c. 33. sic tallietur ad quatuor Annos sequentes ad triginta et sex libras singulis annis praedictorum quatuor annorum videlicet ad festum Paschae Anno c. 34 to ad 18 libras et ad festum Sancti Michaelis proximo sequâ—nâ— ad 18 libras et sie DE ANNO IN ANNUM ad eosdem terminos ad 36 libras Ita quod post praefatum terminum praedictorum quatuor annorum ad majorem pecuniae summam modo talliâ—tur In cujus c. Teste Rege apud VVindsore 21 die Sept. In the Fine Rolls of this year I find these Passages relating to the Jews who all joyntly and severally made great fines to the King this year particularized in the Fine rolls what sum every Jew whose name is there entred at large was to pay to the King whereof take this brief account of some few as a pattern of all â—he rest Mandatum est Vic. Kanc. quod si Judei Cantuaâ— invenerint securitatem sufficientem de 7 l. 8 s. 8 d. de novo Tallagio super eos assesso de 11 l. 17 s. 5 d. de veteri Tallagio super eos assesso ad aurum Regi inde emendum unde alias recepit mandatum Regis ita quod pecuniam illam habeat in manu sua quod inde Regi respondere rossit ad Scacc. Regis in Crastino Sancti Michaelis tunc praefatos Judeos permittat in pace ita quod eos non distringat pro aliquo alio Tallagio donec aliud a Rege acceperit in mandatis T. R. apud Merton 12 dle Sept. Mandat est Vic. Ebor. quod sicut se ipsum diligit habeat ad Scac Regis in Octabis Sancti Michaelis de Aaron de Ebor. Judeo de novo Tallagio â—uper eum assesso 16 l. 11 s. Et de eodem de veteri Tallagio uper eum assesso unde Vic. alias recepit mandatum Regis 26 l. 7 s. et de caeteris Judeis Civitatis Ebor. de novo Tallagio 14 l. 11 s. et de eiâ—dem de veteri Tallagio unde Vic. alias recepit mandat Regis 23 l. 7 s. ad aurum Reg. inde emendum T. ut supra Eodem modo scribitur de Iudaeis Exon de Tallag Vic. Devon De Iudeis Bedford Merlebr Bristoll Warw. Glocest Cantebr London Norwic. Colecester Winton Wigorn Hereford Oxon Nottingh Northampton Lincoln and other Towns and to their respective Sheriffs to levy the particular sums both of the New and Old Tallage forementioned there specified in like manner as to the Sheriff of Yorke which particulars fill up an whole roll well nigh In the same Roll the King respites Jacobus Le Eveske a Jew and Flora his daughter a fine of 45 l. 6 s. 8 d. pro Relevio et aliis finibus and sundry other Jews there named paid the like Fines pro Relevio upon their Parents deaths to injoy their estates to be paid at certain times â—here limited into the Exchequer Et mandatum est Baron de Scac. et Justic ad custod Judeorum assignatis quod â—ic fieri et irrotulaâ—i faciant T. R. apud Guldeford 13 die Sept. The like Fines for relief pro terris catallis Patris eorum ratione relevii Regi contingentibus paid by sundry Iews I meet with in 34 H. 3. and many Fine Rolls else throughout his reign and in Edward the 1. which I pretermit it being entred of some Dederunt Regi 20 s. auri or some other sum of gold prae manibus In 34 H. 3. There was a tax of ten thousand marks imposed on the Jews and this composition made between the King and Salmon Bishop a Jew concerning it future Taxes thus entred in the Fine roll of that year Rex concessit Salmoni Episcopo Judeo London quod de Tallagio 10 mil. marc per annum sit ad 20 l. dum Tallagium Judeorum sit in tali statu et si crescat Tallagium Judeorum crescat ejus portis quae ipsum continget de Tallagio praedicto et si decrescatur simili modo Ita tamen quod si tota Communitas Judeorum Regi gâ—avetur de Tallagio praedicto aut summa X. millium marc debeat decrescere eo quod idem Salmon est ad talem summam respondeat idem Iudeus ad liberatum librae suae de praedict 20 l. sicut alii Judei faciunt in tallagio suo
Et reddat Regi praedict 20 lib. annuatim ad duos terminos viz. 10 l. ad Scac. S. Michaelis 10 l. ad Scac. Paschae Et mandatum est Iusticiariis ad custod Iud assignatis quod sic fieri et irrotulari faciant et pro licentia concessionis dedit Regi unam marcam auri T. R. apud Wyndes 1. die Octob. et habet inde Literas Patentes per eadem verba The like compositions were made with the King by Aaron of York and many other Jews in this and other years In the 34 year of King H. 3. I find this recital in a writ That the King by the long received custome of the Realm ought to succeed the Iews themselves in all houses and other Lands which they should purchase within the realme upon their deaths outlary or departure hence and that he might grant them to whom he pleased as well as tax them and seise their goods at his pleasure Rex Vicecomiti Norff. salutem Licet de consuetudine longeva dicatur obtentum in regno nostro quod Nos in Domibus et aliis quas acquisiverint Iudaei in regno nostro succedere debeamus ipsis Iudaeis aures tamen nostras precibus Edmundi Kake de Norwic. Capellani misericorditer inclinantes concessimus eidem Edmundo de gratia nostra quod non obstante consuetudine praedicta habeat Messuagium illud in Norwic de quo nuper seisinam fieri fecimus Magistro Benedicto et quod Seigumet Iudaeus utlagatus tenuit de praedicto Edmundo in eadem villa de Norwic. Et ideo tibi praecipimus quod eidem Edmundo de praedicto messuagio sine dilatione plenam seisinam habere facias T.R. apud Clarendon 13 die Decembris In the same roll I find a writ to attach both the body and goods of a Jew and to bring them both before the Justices assigned for the Iews Mandatum est Vicecomiti Dorset quod habeat coram Iusticiariis regis ad Custodiam Iudeorum assignatis apud Westm in Crastino Sanctae Mariae Magdalenae corpus Solomonis Iudei de Dorcestria cum omnibus catallis ipsius Iudaei sub sigillo suo T. R. apud Merleberge 21 die Junii In the Patent roll of this year the King granted this License to the Masters of the Law of the Commonalty of the Jews in London to excommunicate such Jews as refused to contribute that subsidy they had promised towards the sustaining of their common Churchyard in London whom they could not excommunicate without his leave Râ—x Iusticiariis suis ad Custodiam Iudaeorum assignatis salutem Sciatis quod concessimus Iudaeis nostris London quod Magistri legis eorundem Iudaeorum in Ciuitate London promulgare possint summam Excommunicationem in omnes illos Iudaeos qui subsidium aliquod promiserunt ad Cimiterium London sustinendum et illud non solverint Ita quod Nos non alii de Judaeis excommunicatis sufficientes emendas recipiamus T. R. 28 Die Julii In the 35 of Henry 3. there are these records touching the Jews Mandatum est Philippo Luvel et Sociis suis Justiciariis Judaeorum sicut alias Quod de Tallagio X. milium Marcarum assesso super Communitatem Iudaeorum Angliae faciant habere Reginaldo de Salinis 40 â—ibras ad terras inde emendas ad opus suum vel ad commodum suum alio modo faciendum prout sibi viderit expediri et illas in eodem Tallagio faciendo allocari Communitati praedictae Et Rex bene vult quod eadem 40 l. Ricardo de Salinis allocantur in debitis quod debet in Judaismo pro eodem Reginaldo dum tamen idem Reginaldus securus sit de portione sua T. R. apud Wherwell 25 die Maii. Per ipsum Regem The wives and children of the Jews oft times used to be distrained and imprisoned for their Debts as appears by this record to respite such proceedings against them for a time Anno 35. H. 3. Mandatum est Vic. Devon quod non distringat nec distringi permittat uxorem Boneufaunt Judei Exon. vel pueros suos per corpora sua ipsos imprisonando occasione alicujus debiti seu demandae tangentis ipsum Boneufaunt de fine 100 marc auri quia Rex vult ipsam Iudeam cum predictis pueris suis esse in pace usque ad octabis Sti. Mich. prox futuri Et si ipsos imprisonavit eos interim deliberari faciat T. R. apud Windsore 2 die Septemb. per ipsum regem This year there was a tax of 10000 marks imposed on the Iews as is evident by Pat 35. H. 3. pars 2. m. 4. De tallagio Iudeorum assidendo for assessing it and this Ptecept concerning it Mandatum est Baron de Scac. ad custodiam Iudeorum assignatis quod provideant et ordinent inter se qualiter illa 10 millia marc quae regi debentur de Tallagio Iudeorum regi persolvi possint And in the same membrana there is this command to buy gold with the Jews money for the Kings use Mandat W. de Hoverhull Thes reg Edward de Westm et Phil. Luvell quod de omnibus denariis de Judaismo provenientibus aurum ad opus regis emi faciant sicut rex eidem Philippo dudum injunxit et sicut T. Espernon eis exponet ex parte regis T.R. What great sums of gold the King received of some Iews this year to be exempted from taxes paying set rates for 4 years space will appear by this record Mandatum est Justiciariis ad custodiam Judeorum assignatis quod illas 10 mil. marcas auri quas Elias Judeus London regi dedit pro sic quod a festo St. Mich. An. 34. usque in quatuor annos prox sequentes completos non talliaretur nisi ad centum libr. per annum dum Tallagium regis duraret eidem inde proximis terminis suis Tallagii sui fac allocari Ita quod de cetero respondeat in tallagio suo Judeorum secundum facultates suas sicut rex alias eis manda it non obstanre gratia regis quam ei concesserit pro donatione predicti auri T. R. apud Clarendon 10 die Iunii Consimiles literas habet Aaron fil Abrah Judeus London de 25 marc auri allocari ut supra continetur eisdem Justic directas T. ut supra per ipsum regem Et quia Aaron de Ebor. affirmavit coram rege quod predict aurum prefatis Aaron et Eliae alia vice per mandatum Regis de quo Rex non recolit fuit allocatum Mandat est prefatis Justic quod super hoc regem fine dilatione certificent Scituri quod dictus Aaron Regi promisit 200 marc argenti nisi predicta summa auri praedictis Iudeis per regem fuit allocata in Tallagio suo T. R. c. per ipsum regem The King this year allows a Jew to sue for the remainder of a debt which the King
debts for 5 years with a confirmation thereof and repeal of all subsequent grants to the contrary And a Grant of one Jews debt to another and power to levy it notwithstanding any former pardons and releases thereof In the Plea Rolls of Hilary Term Anno 52 H. 3. in the Treasury of the Exchequer there are several Legal suits and proceedings before the Justices of the Jews in the Exchequer some whereof I shall transcribe Decanus et Capitulus Linc. per suum attornatum opt se 4 die versus Mosseum de Warwic de placito quod injustè ab eis exigit debitum per quandam cartam falsam et contra Assisam Iudaismi confectam ut dicunt et ipse non venit Et praeceptum fuit Constabulario quod ipsum attachiari faciat ita qued haberet corpus eâ—us coram Justiciariis c. Upon which the Constable returned Quod dictus Mosseus Non est inventus c. Et similiter praeceptum est Vicecomiti Linc. quod attachiari faciat o. In this Roll there are divers Actions against Jews De Placito acquietationis debiti c. to discharge them of Debts and to deliver up their Charters Pawnes and Morgages pretended to be discharged released pardoned or satisfied Done de Walingford petit versus Henricum Cobbe custodem haeredis et terrarum Nicholai Cuppins medietatem unius Messuagii in parochia Sancti Petri in Winton quae quondam fuit Dyay viri sui unde ipse Dyay vir ipsius ipsam secundum Legem et consuetudinem Iudaismi dotavit c. In the 7th Roll there is a Confirmation of the Kings of certain Debts and Annuities assigned by Hagino Son of Moses a Jew to Adam of Stratton and this ensuing Writ to the Sheriff of Essex and elswhere to discharge one Peter Fitz-Roger of all Debts due to the Jews after proclamation made in the Schools and Synagogues of the Iews two or three Sabbaths and not suing for them within a prefixed time after such Proclamations returned Praeceptum fuit Vicecomiti Essex quod clamari faciat per Scolas Judeorum Colecester per duo vel tria Sabbata si aliquis Judeus vel Judea aliquod Debitum exigere poterit de Rogero filio Petri filii Gilberti de debito suo proprio vel c. tunc essent ad compotum Et Vicecomiti mandatur tam Litera Latina quam Hebraica quod nullus Judeus vel Judea aliquod Debitum exiget de predicto Rogero c. Eodem modo praeceptum fuit Constabulario Castri Norwic. and others by writs both in Latin and Hebrew and the certificate returned upon these writs was made both in Latine and Hebrew The usual form in that age in such cases In like manner Praeceptum fuit Constabulario Turris London quod clamari faciat per Scolas Judaeorum London per duo vel tria Sabbata si aliquis Iudeus vel Iudea aliquod Debitum exigere poterit c. that then they should come in ad computandum c. and the returns of them are in Hebrew and Latin In the same Roll there is a recital of a Charter made by the King dilecto fratri et fideli nostro Willielmo de Valence et haeredibus vel assignatis of an Annuity of 50 marks yearly wherein Peter Fitz Matthew was bound to Aaron ben Abraham a Iew of London usque in finem saeculi the usual form of the Iews charters in cases of fee simple which Annuity the Iew had given to the King In the end of the Charter the King warrants the gift Secundam Assisam Iudaismi In the dorse of the same Roll there is a Confirmation by the King of an Assignment of Annuities Debts to William Charls by Sampson Son of le Mestre a Jew and a VVrit Iusticiariis ad custodiam Iudaeorum assignatis to inroll the Patent dated ad Clarendon with divers other writs of that nature In the 8 Roll * of the Pleas that year there is this writ to the Sheriff Henricus Dei gratia c. Vicecomiti Essex salutem Constat Justiciariis nostris ad custodiam Judeorum assignatis per inspectionem Rotulorum de Scaccario nostro scilicet quod Aaron filius Duessad vendidit et demiâ—â—t dilecto et fideli nostro G. de Clare Com. Glouc. et Hereford unum debitum de 20 l. de feodo sub nomine Willielmi de Bernham et Magistri Elye Iudei together with other Debts c. Et quod praedictus Aaron habuit seisinam per praeceptum nostrum de terris tenementis quae fuerunt praedictorum VVillielmi et Roberti another of the Debtors in Borham pro debitis praedictis quam quidam seisinam praefatus Comes habuit per praeceptum nostrum occasione venditionis praedictae de terris et tenementis praedictis Ac postmodum Iohanna quae fuit uxor Will. de Berneham et Iohannes Anger in Curia nostra coram Nobis recuperaverunt seisinam de praedictis terris tenementis per Judicium Curiae nostrae praedictae Et quia eadem seisina sic prefatis Iohannae et Iohanni adjudicata c. nihil debet praejudicare predicto Comiti quin secundum Assisam et Consuet udinem Judaismi nostri habeat talem seisinam de terris et tenetis praedictis qualem prius habuit occasione dictorum debitorum ut predictum est Tibi praecipimus quod seisinam quam praefatus Comes prius habuit de terris et tenementis predictis eidem rehabere facias c. In the same Roll there is this Inquisition made upon the Murder of a Jew slain at Oxford Praeceptum fuit Constabulario Castri Oxoniae et Cyrographo Christiano et Judeo Archae Cyrograph ejusdem quod per Sacramentum 12 Iudeorum inquirant quae bona et catalla Iacobus Baseni de Oxon Judeus Oxon interfectus habuit die quo interfectus fuit Eodem modo preceptum est Ballivis Oxon quod per Sacramentum 12 Christianorum inquirant quae catalla dictus Iacobus habuit die quo interfectus fuit c. Which will well explain the Articles in the ancient Eyres and the manner of Inquiry and proceedings thereon De catallis Iudaeorum occisorum c. In the Plea Rolls of the same year and Term there is this record manifesting that all Debts and Stars of converted Jews belonged to the King Iospin fil Solomon de Merlebridge shews to the Court that Iocette his Sister was married to Salom filius Lumbard of Kirkland Et quod ipsa habuit in Archa Cyrogr. Merlebridge unum Cyrographum de 32 marcis sub nomine suo et Hugonis Lovel Rectoris Ecclesiae de Rudburn that Iocette became a convert Christian and then did Solomon alter the Deed in his own name Quae quidem Carta fuit Domini Regis per conversionem praedictae Jocettae et quod hoc totum sit verum obligat omnia bona c. out of spight to his Sister for that she was
in the Jews amongst us for the Lawyers had newly delivered their Opinions there was no Law against it To which I answered That the Jews were in the yeer 1290. all banished out of England by Judgement and Edict of the King and Parliament as a great Grievance never to return again for which the Commons gave the King the fifteenth part of their Moveables and therefore being thus banished by Parliament they could not by the Laws of England be brought in again without a special Act of Parliament which I would make good for Law He replied I wish it might not be done otherwise that this business had been formerly moved in the Bishops time rather than now To which I subjoyned That it was now a very ill time to bring in the Jews when the people were so dangerously and generally bent to Apostacy and all sorts of Novelties and Errors in Religion and would sooner turn Jews than the Jews Christians He answered He thought it was true and was sorry he could not discourse longer with me the Committee about the Jews being sate and staying for him as he feared Whereupon as he was turning in towards White-Hall-Gate I told him The Jews had been formerly great Clippers and Forgers of Mony and had crucified three or four Children in England at least which were principal causes of their banishment To which he replied That the crucifying of Children was not fully charged on them by our Historians and would easily be wiped off Whereto I answered He was much mistaken and so we parted As I kept on my way in Lincolnes-Inne Fields passing by seven or eight maimed Soldiers on Stilts who begged of me I heard them say aloud one to another We must now all turn Jews and there will be nothing left for the poor And not far from them another company of poor people just at Lincolnes-Inne back Gate cried aloud to each other They are all turned Devils already and now we must all turn Jews Which unexpected concurrent Providences and Speeches made such an impression on my Spirit that before I could take my rest that night I perused most of the passages in our English Histories concerning the Jews carriage in England with some of their misdemeanors in other parts to refresh my memory and satisfie my judgement making some Collections out of them which after I enlarged and digested into this ensuing Demurrer with as much speed as the sharpness of the season would permit and was induced to publish it knowing no particular discourse of this Subject extant for the general information satisfaction of others and honour of my blessed Lord and Saviour Jesus Christ the righteous whom the Jews with malicious hearts and wicked hands crucified in person heretofore and their posterity by their blasphemies despiteful actions against Christ his Kingdom Offices Gospel crucifie afresh every day trampling under foot the Son of God putting him to open shame offering despite to the Spirit of Grace counting the blood of the Covenant an unholy thing And in all their publick and private Devotions praying constantly for the sudden universal total final subversion extirpation perishing of Christs Kingdom Gospel and all his Christian Members which they plot and continually expect such is their implacable transcendent malice I have deduced their introduction into England only from William surnamed the Conqueror because I finde not the least mention of them in any of our British or Saxon Histories Councils Synods Canons which doubtlesse would have mentioned them and made some strict Laws or Canons against their Iewish as well as against Pagan Superstitions had they exercised 〈◊〉 â—ere as they would have done as well as in Spain other places had they resided here That any of them were here in the time of our famous Emperor Constantine is but a dream of such who because they finde an Epistle of Constantines in the Council of Nice to all the Churches of Christ in Sir Hen. Spelmans Collections of the Decrees Canons and Constitutions of the British World wherein is mention made of the Churches of Britain in that age as well as in Rome France and other parts keeping the Passeover in a different manner from the wicked blinded Iews would thence infer there were then Jews resident in Britain of which there is not one syllable in that Epistle nor in any Classick Author Forrain or Domestick I yet ever saw or heard of That they were setled in our Island in the Saxons time is collected onely from that Law inserted by Hoveden and Spelman amongst Edward the Confessors here cited p. 3. But there being no mention of the Jews in any of our Saxon Kings Raigns Councils Decrees Laws before the Confessor out of which all his Laws were wholly extracted and this Law of the Jews being not to be found in the true Original Copy of the Confessors and Conquerors Laws of Abbot Ingulphus who flourished in that age was present at their confirmation and then brought them to Croyland Abby published by Mr. Iohn Selden nor yet in Bromton I cannot but reject it as counterfeit and esteem it rather a Declaration of the Jews Condition in England in Hovedens time inserted by him as well as some other things of punier date amongst these Laws rather than any Law of or in the Confessors days wherein I can finde no evidence of any Jews residence here but only this interpolation and forged Law which Mr. Selden wholly omits in his Collection of his Laws The History of King William Rufus his compelling the Iews of Rhoan that were turned Christians to renounce their Christianity and turn Iews again ACCEPTO PRETIO APOSTASLE upon the complaint and mony given him by the Infidel Jews there with the Dialogue between Him and Stephen the Jew cited out of Holinshed here p. 5 6. I finde originally recorded of him by Eadmerus living in his raign who though very bitter and injurious to him by reason of the great Contests between him Anselme whose Favourite Follower and Companion in adversity Eadmerus was yet he relates it not as a certain Truth but as a Report of others of that Country who had another Opinion of Rufus Quam de Christianis Christianos Lex Christiana docet habere quae tamen sicut illa accepimus simpliciter ponam non astruens vera an secus extiterint an non Onely he addes this passage to the story of Stephen which Holinshed omits That St. Stephen appearing to him as he was travelling on the way he demanding of him who he was Answered That he was long since of a Jew made a Christian and was Stephen the first Martyr but for this cause I have now come down from Heaven to Earth that thou casting away thy Iewish Superstition mightest be made a Christian and being baptized in Christ mightest be called by my name Whereupon he became a Christian and was baptized That immediately after the conference between the King and Stephen
not to be passionately zealous not to contend earnestly for the Faith against these ungodly men turning the Grace of our God into lasciviousness and denying the only Lord God and our Lord Jesus Christ is in a great measure to deny and betray them together with our Church Nation at once unto these their inveterate enemies For whose Conversion not National but of the very small elect Remnant of them as I shall pray so I cannot but pray and write against their Re-admission amongst us on these or any other terms for the Reasons here humbly presented to thy view and Christian Consideration by Thy Christian Brother and Companion in tribulation and in the Kingdom Patience of Jesus Christ William Prynne Lincolnes-Inne 14 December 1655. A Short Demurrer to the Jews long discontinued Remitter into ENGLAND HOw the Nation of the Jews once Gods own beloved special chosen People after their malitious crucifying of our Saviour Jesus Christ and imprecation That his Bloud might be on them and their children were for this their crying sin especially made the saddest spectacles of divine Justice and humane Misery of all other Nations in the World being quite extirpated out of their owne Land almost totally deleted by the sword pestilence famine carried away Captives and dispersed like so many Vagabonds over the face of the whole Earth as the very off-scowring of the World and execration derision of all other people having no place City form of Government or Republike of their own in any corner of the Universe according to Gods Comminations against them Levit. 26.14 to 46. Deut. 28.15 to 68. Jer. 9.10 c. 13.24 Ezech. 5.2 to the end c. 12.15 c. 22.15 Mich. 1.21 Mat. 24. Or what banishments punishments oppositions restraints by penal Lawes suppressions of their Synagogues Ceremonies they have received in all ages from Christian Kings Princes Republikes in Forein parts for their implacable malice blasphemie against our Saviour Jesus Christ Christians Christian Religion and other Crimes and Misdemeanors to which they are most addicted is not the subject of my intended Brief Discourse and so fully related by Josephus Egesippus Eusebius Nicephorus Zonaras Paulus Diaconus Paul Eber the Magdeburgian Centuriators out of them and other Historians in their 2. to their 13 Centuries chap. 14 and 15. in Baronius his Annals and Heylins Microcosm p. 568 569 570. where all may peruse them that I shall not spend time to recite them but wholly confine my self to a Brief Relation of their first admission into their ill deportment misdemeanors sufferings popular insurrections against them in and their final banishment by Judgement and Edict of Parliament out of England never to return again collected out of the best Historians to which I shall subjoyn a taste only of such Laws Scriptures and Reasons as seem strongly to plead against their readmission into our Island especially at this season When the Jews came first into England appears not certainly by any Historians there being no mention of their being here in any of our British or Saxon Kings reigns to my remembrance Antoninus in his Chronicles Tit. 16. c. 5. records That William the Conqueror King of England translated the Jews from Rhoan to London and the Magdeburg Centuries out of him Cent. 11. cap. 14. col 686. adde thereto that it was OB NUMERATUM PRECIUM for a sum of money given to him by them which I find not in Antoninus Both these Authors intimate That this was their first arival in England yet in what year of this King they are silent With them concurs Raphael Holinshed Vol. 3. p. 15. where thus he writes Among other grievances which the English sustained by the hard dealings of the Conqueror this is to be remembred That he brought Jews into the Land from Rouen appointed them a place to inhabit and occupy reputing their very first introduction a Grievance to the English and hard dealing Which Iohn Stow in his Annals of England p. 103. and Survey of London printed 1633. p. 288. thus seconds King William FIRST brought the Iews from Rhoan here to inhabit in England and Sir Richard Baker in his Chronicle of the Kings of England London 1653. p. 39. This King was the FIRST that brought the Iews to inhabit here in England But this Law concerning the Jews inserted amongst the Laws in the Confessors time seems to prove their arival and settlement in England to be before this Normans reign unless mis-placed in point of time amongst his Laws by Hoveden being rather in my opinion a Declaration of the Jews servile condition under King William and Richard the first when Hoveden writ then any Law in King Edwards reign or before amongst whose Laws or the Conquerors it is not to be found in Abbot Ingulphus his Original copy published by Mr. Selden in his Notae Spicilegium ad Eadmerum p. 172 c. as the words themselves import De Judaeis in Regno consticutis SCiendum est quoque quod omnes Judaei ubicunque in Regno sunt sub tutela defensione Domini Regis sunt nec quilibet eorum alicui diviti se potest subdere sine Regis licentia Judaei omnia sua Regis sunt Quod si quispiam detinuerit eis pecuniam suam perquirat Rex tanquam suum proprium or detinuerit eos vel pecuniam eorum perquirat Rex si vult tanquam suum proprium as Sir Henry Spelman renders it This Law or Declaration being the first record making mention of their being and condition in England proves That as all the Jews when they came first into England were under the Kings protection and patronage where ever they resided so they were all under him only as his meer Vassals their persons and goods being his alone and that they could dispose of neither of them without his license Into which slavish condition they doubtless then put themselves being banished out of other Nations for their villanies only to avoid the fury of the common people to whom they were most detestable who else would have quickly murdered or ston'd them to death and stript them of all their wealth as the sequel will declare The next Passage in Historians concerning the Jews being and condition in England is that of William of Malmsbury in William Rufus his reign The Jews writes he in his time gave a testimony of their insolency Once at Rhoan endeavouring by gifts to perswade and revoke certain men to Judaism who had deserted their error Another time at London being animated to enter into a combate or dispute against our Bishops because the King in merriment as I believe had said That if they should overcome the Christians and confute them by open arguments he would then revolt to them and become one of their Sect Whereupon it was managed with great fear of the Bishops and Clergy and with pious solicitude of such who were afraid of the Christian Faiths miscarriage And from this
held in Lent the young men and Souldiers who had taken upon them the sign of the Crosse and were then ready to go to Ierusalem with the King assembling together there out of divers counties disdaining that the Jews being the enemies of the crosse of Christ possessed such great store of goods and wealth when as they had not sufficient to defray the necessary expences of so great a journey and imagining that they should do God good service if they assaulted these his enemies boldly rushed upon them no man opposing himself against so great attempts whereupon divers of the Jews were slain and the rest being received into the castle hardly escaped with their lives their goods being all plundered and the plunderers departing freely away with their booty none of them being so much as questioned or punished by the Kings discipline The citizens of Lincoln hearing what was done to the Jews of Stanford taking occasion and being animated by the examples of others were willing to do something against them and being assembled together against the Jews inhabiting together with them became inraged against them But these Jews being made more wary by the slaughters and damages of others some few of them suffering harm and damages the rest fled timely with their monies into the Royal Fort and there secured themselves In all other places wheresoever the Jews were found they were pillaged and slain by the hands of the Pilgrims who hastning through England towards Ierusalem decreed to rise up first against the Jews before they invaded the Saracens Hereupon all the Jews who were found in their own houses at Norwich were slain on the 8 of February some few of them only escaping to the Castle At the same time the Nobles and Gentry of Yorkeshire nothing fearing the Kings Proclamation the wicked Jews having by Usury reduced them to extreme poverty joyning with them some holy foldiers brake up the Houses of the chief Jews equal to the Kings Palace slew their families spoild their Goods burnt their houses in the night then retired themselves to their homes in the dark After which the promiscuous multitude making an assault upon the Jews slew them without distinction of sex or age except some few who would give up their names to Christ in baptism to save their lives On the 18 day of April being Palm-Sunday the rest of the Jews in the City of Yorke being 500 men and women besides their children fearing the violence of the Christians shut up themselves within the castle of Yorke by the will and consent of the Guardian thereof and of the Sheriff who being thus received into the castle for their defence by the Guardian and Sheriff would not afterwards deliver it up unto them again Whereupon the Sheriff and keeper of the castle being much offended with them assembled the souldiers of the county and men of the city that they might free the castle from those Jews exhorting them to do their utmost endeavors to effect it who when they had assaulted the castle day and night the Jews offered a great summ of money to save their lives but all in vain the people being so incensed against them that they would not accept it whereupon a certain Iew skillfull in their Law stood up and said Men of Israel hearken to my counsel It is better for us to die for our Law then to fall into the hands of the enemies of our Law and our very Law commands the same thing Upon which all the Jews as well women as men consented to his counsel and every Father of a family going with a sharp razor first of all cut the throats of his own wife and children and then of his family casting the dead corps of those whom they had thus sacrificed to Devils over the castle walls upon the Christian people After which burning their rich cloathes and casting their golden Vessels and Jewels into Privies that the Christians might not be inriched by them these murderers shutting up themselves and the rest they had killed in the Kings house set it on fire and so burnt both themselves and it After which the Citizens of Yorke and the souldiers of the county burning all the Jews houses together spoiled their goods seized their possessions to themselves and burn'd all the charters of their debts The King being informed hereof and much incensed both for the contempt of his Royal proclamation and Authority and dammage to his Exchequer to which all the Goods and Debts of the Iews being Usurers belonged commanded his Chancellor to inflict due punishment upon the authors of this Sedition Whereupon after Easter the Bishop of Ely the Kings Chancellor gathering a great Army together came to Yorke to apprehend those as malefactors who had destroyed the Jews of the city And understanding that this was done by the command of the Sheriff and Governour of the castle he put them both from their Offices and took sureties from the Citizens of the City for to keep the Peace of the King and kingdom and to stand to the Law in the Kings court concerning the death of the Jews and commanded the Souldiers of the County who were at the destruction of the Jews to be apprehended but the chief of them flying into Scotland escaped not one of them all being put to death for this great Massacre and Riot Henry de Knyghton De Eventibus Angliae l. 2. c. 13. gives this censure of these slaughters popular tumults against the Jews The Zeal of the Christians conspired against the Jews in England but in truth not sincerely that is for the cause of faith but either out of emulation and envy because of their felicity or out of gaping after their goods The Justice truly of God not at all approving such things but decently ordering them that by this means he might punish the insolency of a perfidious Nation He likewise addes that one Iohn a most bold Christian flying from Stanford with many spoyls of the Jews to Northampton was there secretly slain by his Host to get his money and thrown without the city in the night the murderer flying thereupon After which through the dreams of old women and fallacious signs the simple people attributing to him the merits of a martyr honoured his Sepulchre with solemn vigils and gifts This was derided by wise men yet it was acceptable to the Clerks there living by reason of the gains Which the Bishop hearing of presently unsaincted him and prophaned the Monuments of this false martyr continued by the study of simple and covetous persons I wish no such plunderers as this might be saincted and adored in our age as too many of them are even before their deaths who will be un-saincted after them as well as this bold plunderer of the Jews Mr. Fox in his Acts and Monuments Vol. 1. p. 305. relating the story of the massacres of the Jews this year out of the Chronicle of Westminster saith That there were no less than
a thousand five hundred of the Iews destroyed at that time in York alone beside those slaughtered in other places so that this year which the Iews took to be their Iubile was to them a year of confusion Neither was this plague of theirs undeserved for every year commonly their custom was to get some Christian mans child from the Parents and on Good-Friday to crucifie him in despite of our Religion King Richard the first after his return out of the Holy Land in the year 1194. appointed Iustices Itinerant through all the Counties of England who amongst other Articles were to enquire Concerning the slayers of the Iews who they were that slew them and concerning the pawns and chattels and lands and debts and charters of the Iews that were slain and who had them and how much any one owed to them and what morgages they had and who held them and how much they were worth and who took the issues of them and what they were and that all the Morgages and Debts of the Iews who were slain should be taken into the Kings hands and that those who were present at the slaying of the Iews and had not made a fine or end with our Lord the King or his Iustices should be apprehended and not delivered unless it were by the King our Lord or his Iustices The self-same year King Richard appointed Justices Laws and Orders for preventing the frauds and regulating the contracts of the Jews both between themselves and between Christians and them thus recorded at large by Roger de Hoveden and briefly touched only by some others All the Debts Pawns Morgages Lands Houses Rents and Possessions of the Iews shall be registred The Jew who shall conceal any of these shall forfeit to the King his body and the concealment and likewise all his possessions and chattels neither shall it be lawfull to the Iew ever to recover the concealment Likewise 6 or 7 places shall be provided in which they shal make all their contracts and there shall be appointed two Lawyers that are Christians and two Lawyers who are Iews and two Legal Registers and before them and the Clerks of William of the Church of St. Maries and William of Chimilli shall their contracts be made Charters shall be made of their contracts by way of Indenture And one part of the Indenture shall remain with the Iew sealed with his seal to whom the money is lent and the other part shall remain in the common chest wherein there shall be 3 locks and keys whereof the 2 Christians shall keep one key and the 2 Iews another and the Clerks of William of St. Maries Church and William of Chimilli shall keep the third And moreover there shall be three seals to it and those who keep the seals shall put the seals thereto Moreover the Clerks of the said William and William shall keep a roll of the transcripts of all the Charters and as the Charters shall be altered so let the roll be likewise For every Charter there shall be 3 pence paid one moity thereof by the Iew and the other moity by him to whom the money is lent whereof the 2 writers shall have 2 pence and the keeper of the roll the third And from henceforth no contract shall be made with nor payment made to the Iews nor any alteration made of the Charters but before the said persons or the greater part of them if all of them cannot be present And the aforesaid 2 Christians shall have one roll of the Debts or receits of the payments which from henceforth are to be made to the Jews and the 2 Jews one and the keeper of the roll one Moreover every Iew shall swear upon his Roll that all his debts and pawns and rents and all his goods and possessions he shall cause to be enrolled and that he shall conceal nothing as is aforesaid And if he shall know that any one shall conceal any thing he shall secretly reveal it to the Iustices sent unto them and that they shall detect and shew unto them all falsifiers or forgers of Charters and clippers of moneys where or when they shall know them and likewise all false charters By these strict politick Laws the King and his Officers knew the particular wealth monies goods debts and real and personal estates of every Jew and in whose hands they were and so could seize and command them at their pleasure upon any real or pretended misdemeanors or complaints against them King Iohn who in the 1 and 2 years of his reign granted them large liberties and an high Priest for moneys in the year of our Lord 1210. commanded all the Jews of both sexes throughout Englâ—nd to be apprehended and imprisoned and to be afflicted with most grievous torments that so they might satisfie the Kings pleasure with their money Some of them being grievously tortured gave all things which they had and promised more that they might by this means escape so many kinds of torments Amongst whom one Jew at Bristol punished with various torments when as he would neither redeem himself nor submit to any fine the King commanded his tormentors that they should every day pull out one of his grinding teeth until he should pay to the King ten thousand marks of silver And when at last for 7 days space they had pulled out 7 of his teeth with intollerable torment and now on the 8 day the tormentors had begun the like work again this Jew an over-flow provider for his profit gave him the aforesaid money that he might save the 8 tooth to himself the other 7 being pulled out who with much more wisdom and lesse pain might have done so before and have saved his 7 teeth having but 8 in all In the 17 year of King Iohn the 17 day of May the Barons coming to London brake into the houses of the Jews and searched their Coffers to stuff their own purses that had been long empty After which they applyed all diligence to repair the Gates and Walls of the City with the stones of the Jews broken houses In the year 1222. 7 H. 3. in a Council at Canterbury under Archbishop Stephen a certain Apostate Jew made of a Christian a Deacon and afterwards apostatizing was there judicially punisht whom Falco presently apprehending caused to be hanged as Matthew Paris writes but Bracton and others record that he was burned to ashes King Henry the 3. in the 11 year of his reign Anno Dom. 1226. granted the lands and houses of Benomye Matton a Jew in London escheated to him by a murder committed by this Jew to Semain and others as appears by his Chatter of that year King Henry the 3. Anno. 1230. wanting moneys constrained the Jews whether they would or would not to give him the third part of all their moveable goods and that with all expedition The Jews in the year of our Lord 1231. builded a Synagogue
Jurnepin Et Officialis Archidiaconi venit coram Justiciariis cum magna secta Sacerdotum qui omnes dixerunt in verbo Dei quod praedictus puer ita circumcisus fuit sicut praedictum est et per praedictos Judaeos quod viderunt praedictum puerum recenter circumcisum habentem membrum suum grossum valdè inflatum et sanguinolentum Et Coronatores de Comitatu et Coronatores de Civitate Norwici 36 homines de villata de Norwic. Jurati venerunt troue inveniunt ut fuit circumcisus c. Et quod juxta ripam Norwic. il fuittroue fuit inventus ululans plorans per unum Maude de Berneham sa file que i luy emesiont a lovr meason ton esteaut les Iewes veigne dioit que il fuit Judaeum suum vocaverunt eum Jurnepin c. Et quando Judaei non potuerunt eum habere propter Christianos prohibuerunt eidem Matildae Ne daret ei carnem porcinam ad manducandum quia dixerunt ipsum esse Judaeum Ita quod per vim venerant Christiani abstulerunt puerum praedictum à manibus Iudaeorum Et Maude examyne confesse ceo tout c. Et omnes Iudaei sunt in prisona apud Norwich praeter illos qui fuerunt apud London quando haec Inquisitio facta fuit Et omnes Iuratores requisiti Qui interfuerunt ad Circumcisionem illam dâ—cunt Quod omnes praedicti Judaei fuerunt consentientes facto illo praeter Massi filius Saloni Haec autem omnia facta fuerunt in Curia Domini Regis apud Norwic Fratribus Praedicatoribus Fratribus Minoribus pluribus aliis tam Clericis quam Laicis praesentibus Et tout ceo fuit testify per Ric de Tresingfield Constable de Norwich auters Posteacoram Domino Rege Domino Cantuar. Majori parte Episcoporum Baronium Angliae quia casus iste nunquam prius accidit in Curia Domini Regâ—s praeterea quia factum illud primò tangit Deum sanctam Ecclesiam eo quod Circumcisio Baptismus sunt pertinentia ad fidem et praeterea non est ibi talis felonia nec amissio membri nec Mahemium nec plaga mortalis vel alia felonia Laica quae possit hominem damnare sine Mandato Sanctae Ecclesiae Consideratum est quod istud in primò tractetur in sancta Ecclesia et per Ordinarium loci inquiratur rei veritas Et mandetur Domino Regi unum Marcum auri persic quod puer videatur coram Iusticiariis si circumcisus fuit vel non recipitur Et visus est puer et membrum ejus visum est pelle coopertum ante in Capite Et in tali statu liberatur patri suo ut eum habeat coram Iudicibus Ecclesiasticis ipsi Iudaei remaneant in Prisona So far this Record relates the proceedings in the Kings Court and Matthew Paris informs us what they afterwards did in the Bishops It seems the Citizens of Norwich upon this occasion fired the Iews Houses in the City for in Placita 18 H. 3. rot 27. in Dorso I find a complaint of the Citizens of Norwich against the Sheriff of Norfolk for certain injuries done unto them in entring their Liberties beating their Servants and ayding the Jews who justified that what he did was because the Citizens had fired the Iews houses Which business was debated before the King at Bromholne And because the Bayliffs of the Town made no Inquisition concerning these burnings and beatings of their Servants as belonged to their Office nor made any emendation thereof neither would the Commonalty of the City it self in defence of their Liberties permit the Sheriff of Norfolke to reform it it was adjudged that they should be in the Kings mercy as well for their Liberties as for the other things and after paid a fine of fifty marks The very next year the Jews in Forraign parts especially in Germany believing that the Tartars were of their own Nation entred into a secret League with them to destroy the Christians and subdue the whole world to themselves to which end they provided many Hogsheads filled with arms to be transported to the Tartars pretending to the Christian Princes that they were Vessels filled only with poysoned Wines wherewith they intended to poyson and destroy the Tartars who would drink no wines but such as were made by the Iews But this their treachery being detected by the Customers in Germany who found these pretended Vessels of wine to be fraught with arms for the Tartars wherewith to destroy the Christians thereupon the Iews were delivered to Tormentors to be perpetually imprisoned or slain with their owne swords as Matthew Paris more at large relates Anno 1241. p. 564. King Henry Anno 1243. exacted a great ransom from the most miserable Iews both in gold and silver so that besides what he exacted from others he extorted from one Iew Aaron of Yorke 4 marks of gold and 4000 marks of silver the King himself receiving the gold with his own hand from every Iew man or woman being made of a King a new receiver of Custom but the silver was received by others for the King Anno 1244. in August the corps of a little male child was found buried in the City of London in whose thighs and arms and under whose paps there was a regular inscription in Hebrew Letters To which spectacle when as many resorted admiring at it and not knowing how to read the letters knowing that the letters were Hebrew they called thither converted Iews who inhabited the House which the King had founded in London that they as they loved their life or members for the honour love and fear of their Lord the King without figment of falshood might declare that writing For the Kings Bayliffs and Conservators of the Peace were present They likewise believed neither without cause that the Iews had either crucified that little child in obloquy and contumely of Christ which was related frequently to have happened or had afflicted him with sundry torments to crucify him and when he had given up the ghost they had now cast him there as unworthy the Cross Moreover there appeared in his body blew marks and rents of rodds and manifest signs and foot-steps of some other torment And when as those Converts were brought to read those things that were inscribed and studied that they might perfectly read them they found the Letters deformed and now not legible being many ways disordered and tossed up and down by reason of the extension and contraction of the skin and flesh But they found the name of the Father and Mother of the little child suppressing their surnames and that the child was sold to the Iews but to whom or to what end they could not find In the mean time certain of the London Iews took a secret and sudden flight never to return again who by this very thing rendered themselves
suspected And some affirmed that the Lord had wrought miracles for the child And because it was found that the Iews at other times had perpetrated such wickedness and the holy bodies crucified had been solemnly received in the Church and likewise to have shined brightly with miracles although the prints of the 5 wounds appeared not in the hands and feet side of the said corps yet the Canons of St. Paul took it violently away and solemnly buried it in their Church not far from the great Altar The same year 1241. The Barons in Parliament ordered That there should be one Justice at the least appointed for the Jews by the nomination of the Parliament In the year of our Lord 1250. King Henry the 3d. burning with a covetous desire commanded money to be extorted from the Jews without all mercy so as they might seem to be altogether and irrecoverably impoverished exacting what monies soever they had in their chests Notwithstanding although they were miserable yet they were pittied by none because they were often proved and convicted to have been counterfeiters as well of monies as of seals And to passe by the monies of others we shall only mention one that their malice may the more appear to them There was a certain rich Jew having his abode and house at Berkamstede and Wallingford Abraham in name not in faith who was very dear to Earl Richard who had a very beautifull wife and faithful to him named Flora. This Jew that he might accumulate more disgrace to Christ caused the Image of the Virgin Mary decently carved and painted as the manner is holding her Sonne in her bosom This Image the Jew placed in his house of Office and which is a great shame and ignomy to expresse blaspheming the Image it self as if it had been the very Virgin her self threw his most filthy and not to be named excrements upon her days any nights and commanded his wife to do the like Which when his wife saw after some days she grieved at it by reason of the Sex and passing by secretly wiped off the filth from the face of the Image most filthily defiled Which when the Jew here husband had fully found out he therefore privily and impiously strangled the woman her self though his wife But when these wicked deeds were discovered and made apparent and proved by his conviction although other causes of death were not wanting he was thrust into the most loathsome Castle of the Tower of London Whence to get his freedom he most certainly promised That he would prove all the Jews of England to have been most wâ—cked Traitors And when as he was greatly accused almost by all the Jews of England and they endeavoured to put him to death Earl Richard interceded for him Whereupon the Jews grievously accusing him both of the clipping of money and other wickednesses offered Earl Richard a thousand marks if he would noâ— protect him which notwithstanding the Earl refused because he was called his Jew This Jew Abraham therefore gave the King 700 marks that he might be freed from perpetual imprisonment to which he was adjudged the Earl assisting him therein The King thereupon at the same time sent the Justices of the Jews throughout all England to search out all their mony both in Debts and Possessions and with them a certain most wicked and mercilesse Jew that he might wickedly and falsly accuse all the rest against the truth who verily reprehended the Christians pittying and weeping over the affliction of the Jews and called the Kings Bayliffs luke-warm and effeminate and gnashing with his teeth over every Jew affirmed with many great Oathes that they could give twice as much more to the King then what they had given although he most wickedly lyed against his own head This Jew that he might more effectually hurt the rest revealed all their secrets dayly to the Kings Christian Exactors In the mean time the King ceased not to scrape money together from all hands but principally from the Jews so thaâ— from one Jew alone born and living in York called Aaron because he was convicted of falsifying a Charter as was reported he extorted 14000 marks and 10000 marks of gold for the Queens use for a little times respite that he might not languish in prison All which sums being paid it was found that this Aaron had paid to the King since hiâ— return from foreign parts 30000 marks of silver and two hundred marks of gold to the Queen as the said Aaron upon the attestation of his honour and faith averred to Matthew Paris who records it Yet notwithstanding although the Jews might be pittied yet were they pittied by no man seeing they were corrupters and counterfeiters of the Kings money and of charters and manifestly and frequently proved condemned and reprobated as such King Henry Anno 1251. Decreed to destroy all the Jews in his Kingdom but some of his Counsellors disswaded him from it and that they should rather be left as Vagabonds like Cain that their misery by this means might be set before the eyes of men in all ages Whereupon the Kings mind was mitigated and his Decree abolished Notwithstanding he seriously prohibited them the eating of flesh in Lent and on Fridays Phâ—lip Luuel Clerk called to the service of the King and deputed to the custody of the Jews Anno 1251. was grievously accused before the King his adversaries affirming that when he and Nicholas of St. Albans Clerk were sent towards the Northern parts to tax and squeeze the Jews he privily received most precious Vessels from a certain Jew that he might spare him in his Tallage to the King and that he likewise took secret gifts from others that he might spare them and that he opprest these Jews notwithstanding to the dammage of the King and the violation of his Faith Whereupon the King being very angry commanded Philip himself to be unworthily handled until he should satisfie him for this great transgression Philip hereupon a crafty and circumspect man humbly craved advice and assistance from the Lord John Mansel the Kings Prime Counsellor concerning his great tribulation because he had promoted him to the Kings service who effectually procured that he recovered the kings favor giving him a great summe of money for it a thousand marks as was reported Yet notwithstanding he was removed from his Office and not a little disgraced It seems the kings Officers could fleece the Jews in that age by secret Bribes and Gifts as well as himself by intollerable Exactions King Henry the III. to satisfie the Popes desire in taking a Voyage to the Holy Land Anno 1252. extorted from the Jews whatsoever those miserable wretches might seem to have not only by scraping or excoriating but even by unbowelling them Being also an Hydropical thirster after gold he so greedily sucked talents or Bullion or Jewels as well from Christians as Jews that a new Crassus might seem to be raised from
Tallagio non concedendo are three the last whereof was certainly made in 25. E. 1. not 34 E. 1. as Sir Edw. Cooke and most Collectors of our Statutes and Lawyers mistake as is clear by Thomas Walsingham Hist Angl. Ann. 1298. p. 37 38 40. and Ypodigma Neust. p. 84 85. The first De Iudaismo was made in 3 Ed. 1. as these subsequent Historians evidence who are the best and only witnesses in this case the Parliament Rolls being not extant to resolve us Matthew Westminst who lived and writ his History in or near that time is most clear herein Anno gratiae 1275. Rex ad ParliamentuÌ„ Westm. omnes Nobiles regni sui jusserat congregari In quo statuta multa ad utilitatem regni fuerunt publâ—cata INTER QUAE JUDAEIS FUIT INTERDICTA EFFRAENATA LICENTIA USURANDI ut possint à Christianis discerni praecepit Rex quod ad instar Tabularum ad vnius palmae longitudinem signa fierent in exterioribus indumentis Who is thus seconded if not translated by Rich Grafton Ann. 1273. Soon after he King Edward 1. ordained certain new Laws for the wealth of the Realm which are too large here to rehearse He made a Law also THE SAME TIME AGAINST THE EXCESSIVE TAKING OF USURY BY THE JEWS and that they should wear a certain Cognisaunce upon their uppermost garment whereby they should be known from Christians Both which are expresly provided for in these Statutes de Iudaismo The same is attested by Iohn Rouse and by Iohn Stow out of him in his Chronicle p. 200. in these words In the 3. year of King Edward the 1. in a Parliament at Westminster USURY WAS FORBIDDEN TO THE JEWS and that they might be known the King commanded them to wear a Tablet the bredth of a palm upon their outmost garments Which in his Survey of London 1633. p. 289. he thus expresseth The 3. of Edward the 1. in a Parliament at London USURY WAS FORBIDDEN TO THE JEWS And that all Jewish Vsurers might be known the King commanded that every Vsurer should wear a Tablet on his brest the bredth of a paveline or else to avoid the Realm With whom Sir Rich Baker in his Chronicle of the Kings of England Edit 2. London 1653. p. 147. concurrs So that without all question the Statutes De Iudaismo were made in the Parliament of 3. not of 18 E. 1. as the Statutes themselves will sufficiently evidence which had all been nugatory ridiculous useless if made in the Parliament of 18 E. 1. as Sir Edward Cook affirms wherein they were hence exiled These Statutes I shall here translate out of French and insert being not extant in our Statutes at large nor never yet all printed in the English tongue that I can find but only some clauses of the first of them 1. Forasmuch as the King hath seen that many mischiefs and disherisons of honest men of this land have happened by the usuries which the Iews have made therein in times past and that many sins have therein risen from thence Albeit he and his Ancestors have had great profit from the Jews both now and in times past Notwithstanding this for the honour of God and for the common benefit of the People the King doth ordain and establish that no Jew hereafter shall take ought for usury upon lands rents nor upon other things and that no Usury shall run from the Feaâ—t of St. Edward last past and before but that the covenants before made shall be held save only that the Usuries themselves shall cease Provided that all those who are indebted to Jews upon pawns moveable shall discharge them between this and Easter at furthest and if not let them be forfeited And if any Jew shall take usury against this establishment The King neither by himself nor any of his Officers will not intermeddle to cause him to recover his debt or use but will punish him at his pleasure for the Trespasse and shall do right to the Christian to recover his gage 2. And it is provided that the distresses for the debt of Jews shall not hereafter be so grievous that the moity of Lands and Chattels to the Christians shall not remain for their sustenance And that no distresse shall be made for the debt of a Jew upon the heir to the Debtor named in the Charter of the Jew not upon other which holds the Land which was the Debtors before the debt shall be dereigned and acknowledged in Court And if the Sheriff or other Bayliffs by commandment of the King ought to make seisin to a Jew to one or more for their debt of chattels or of lands to the value of the debt the chattels shall be praised by the Oath of honest men the Chattels shal be delivered to the Jew or Jewesse or to their Arturney to the value of the debt And if the chattels be not sufficient the lands shall be extended by the same Oath before that the seisin shall be delivered to the Jew or Jewesse every one according to the value and so that they may after know certainly the Debt is discharged that the Christian afterwards may then have his lands saving to the Christian for ever the moity of his lands and of his chattels for his sustenance as afore is said and the chief house 3. And if any thing stollen at this hour shall be found in the possession of a Jew and any will sue let the Jew have his summons if he may have it and if not he shall answer so that he shall never be priviledged for it otherwise than a Christian 4 And that all the Jews shall be residents in the Cities and in the Burroughs which are the Kings owne where the Chest for the Jews Indenture is wont to be And that every Jew after he is past 7 years of age shall carry a sign or badge in his chief garment that is to say in form of two Talles of yellow taffety of the length of six fingers and breadth of 3 fingers or an handfull And that every one after he is past 12 years shall pay 3 d. the poll every year to the King which shall be paid at Easter and this shall be intended as well of women as of men 5. And that no Jew shall have power to infeoffe another Jew nor Christian of their houses rents or tenements which they have now purchased nor to alien them in any manner nor to make an acquittance to any Christian of his debt without the special license of the King untill the King hath otherwise ordained 6. And because holy Church wills and suffers that they should live and be protected the King takes them into his Protection and gives them his peace and wills that they shall live and shall be guarded and defended by his Sheriffs and his other Bayliffs and by his Leiges and commands that none shall doe them harm injury nor force in their bodies nor in
their goods moveables or immoveables And that they shall not be impleaded sued nor challenged in any Court but in the Kings Court wheresoever they are 7. And that none of them shall be obedient respondent nor render rent but to the King and his Bayliffs in his name if it be not of their houses which they now hold rendering rent saving the right of holy Church 8. And the King grants them that they shall live of their lawfull merchandizes and by their labour and that they shall converse with the Christians for lawfull merchandizing in selling and in buying But yet that by this privilege nor any other they shall not be levant rising or couchant lying down amongst them And the King will not that by reason of their merchandize that they should be in lots nor scots nor Tallage with those of the Cities or Burroughs where they remain seeing they are tailable to the King as his own Vassals and to none other 9. Moreover the King grants them that they may buy houses and curtelages in the Cities or Burroughs where they reside so as they hold them in chief of the King saving to the Lords the Services due and accustomed 10. And that they may take Lands to farm for term of ten years or under without taking homages or fealties or such manner of service of a Christian and without having advowson of holy Church for to support their life in the world if they know not how to merchandize or be unable to labour And this power for to take Lands to farm shall not endure to them but 15 years from this time forth to come By these Laws this politick King to please his English Christian Subjects abridged many of the Jews former priviledges and put many new restraints upon them And yet on the other hand to gratifie the Jews who gave him more monies than the English he takes them all into his special protection prohibits all violence to their persons or estates and grants them some petty priviledges for the present which seemed to content them and made for his owne advantage more than theirs Rot. Clauseâ— E. 1. in the Tower rot 8. I find that one who was bound to Gamilelâ— a Jew and had lands afterwards acknowledged himself a Villain whereupon a writ then issued to inquire what lands he had at the time of the making of the bonds and to extend them JUXTA STATUTA JUDAISMI And claus 4 E. 1. rot 11. there is this recital made of this very Statute of Judaism Cum secundum Assisam ET STATUTUM JUDAISMI NOSTRI Judaei nostri in partâ— ne habere DEBEANT Ã Christianis creditoribus MEDIETATEM terrarum reddituum et Catallorum ipsorum quousque debita sua perciperent c. execution awarded in the case of a Jew according to the 2 clause of this Statute Therefore it is most certain it was not made in 18 E. 1. which was 14 years after these two records reciting it both by name and words but in 3 E. 1. the very next year before these records the end for which I here insert them In the 7th year of King Edward the 1. Anno Dom. 1278. as some or 1279. as others compute it the King held a Parliament at London which was chiefly called for the reformation of his coyn which was then sore clipped by reason whereof it was much diminished and impaired In the time of this Parliament in the moneth of November all the Jews throughout England as Matthew Westminster or many of the Jews in London and other parts of the Realm were apprehended in one day and imprisoned in London for clipping of money and in December following divers Enquests were charged in London to enquire of the said Jews and all others who had so blemished and clipped the Kings coyn By which Enquests the Jews of the City with the Gold-smiths that kept exchanges of silver were indicted And shortly after Candelmas the Mayor and Justices of the Land sat at London where before them was cast 297 persons for clipping of the which 3 only were Englishmen and all the other were Jews born either within this Realm or elsewhere but most of them English Jews who were all of them at sundry places and times put to execution in London who impeached the chief men of London and very many Christians who consented to their wickednesses After which a very great multitude of Jews were hanged in other Cities of England for the same offence Hereupon in the Patent Rolls of 7 8 and 9 Edw. 1. in the Tower I find sundry grants of the Jews Houses and Lands in London Yorke and Northampton made by the King to several persons as escheated to him by those executed Jewish offenders Anno 1279. The Jews of Northampton crucified a Christian boy but did not thoroughly kill him upon Good-Friday for the which fact many of the Jews at London after Easter were drawn at Horses tails and hanged In the year of our Lord 1282. John Peckham Arch-bishop of Canterbury sent an expresse precept and command to the Bishop of London to suppresse and destroy all the Synagogues of the Jews within his Diocesse On May 2. Anno 1287. All the Jews of England were apprehended by the Kings precept for what cause was not known who ransomed themselves for 12000l of silver They had then a Synagogue at Canterbury Fabian writes that the Jews of England were sessed at great sums of mony perchance the cause of their seisure which they paid unto the King But of other Authors it is said That the Commons of England then granted to the King the fifth part of their moveables for to have the Iews banished out of the Land For which cause the said Jews for to put the Commons from their purposes gave of their free wills great sums of money to the King which saying appeareth to be true for that the said Jews were exiled within few years after with whom Grafton and Holinshed accord A strong evidence of the potency of Jewish money over-powring the whole Commons of England in Parliament and this their Liberal subsidy for their banishment at that season K. Edward the 1. the next year 1288. being in Gascoigne a certain English Knight decreed to convent a Jew for the undue detention of a certain Mannor morgaged to him before the Judges but the crafty Jew refused to answer pretending a Charter of King Henry heretofore which was granted to him that he should not be drawn into judgement before any Judge except only before the person of the King The Knight being troubled at this went into Gascoigne that he might obtain some remedy hereupon from the King Whom when the King had heard he answered It is not seemly for children to make void the deeds of their parents to whom by Gods Law they are commanded to give reverence wherefore I have decreed not to make void the deed of my Father but I grant to thee and to
Act appeareth by former records as take one for many From the 17 of December in the 50 year of H. 3. until the Tuesday in Shroveride the 2 year of Edward the first whâ—ch was about 7 years the Crown had four hundred and twenty thousand pounds fifteen shillings and four pence De exitibus judaiâ—mi at which time the ounce of silver was 20 d. and now it is more than treble so much So as the recital of the Preamble is true That he and his Ancestors had received great profit from Iudaism Many provisions were made both by this King and others Some time they were banished but their cruel usury continued and soon after they returned and for respect of lucre and gain King John in the second year of his reign granted unto them laâ—ge Privileges whereby the mischiefs rehearsed in this Act multiplyed But the lucre and gain which King John had and expected of the Infidel Iews made him impie judaisare for to the end they should exercise the Laws of their Sacrifices which they could not do without a Priesthood the King by his Charter granted them to have one c. Which for the great rarity thereof and for that we find it not either in our Books or Histories I will rehearse In haec verba Rex omnibus fidelibus suis omnibus Judaeis Anglis salutem Sciatis nos concessisse Jacobo Judaeo de Londoniis Presbytero Judaeorum Presbyteratum omnium Judaeorum totius Angliae Habendum tenendum quamdin vixerit liberè quietè honorificè integrè it a quod nemo ei super hoc molestiam aliquam aut gravamen inferre presumat Quare volumus firmiter praecipimus quod eidem Jacobo quoad vixerit Presbyteratum Judaeorum per totam Angliam garantetis manu-teneatis pacificè defendatis Et si quis et super eo forisfacere praesumpserit id ei sine dilatione salva nobis emenda nostra de forisfactura nostra emendare faciatis tanquam Dominico Judaeo nostro quem specialiter in servicio nostro retinuimus Prohibemus etiam ne de aliquo ad se pertinâ—nte ponatur in placitum nisi coram nobis aut coram capiâ—ali Justiciario nostro sicut Charta Regis Richardi sratris nostri testatur Teste S. Bathonien Episcopo c. Dat. per manus Huberti Cantuarientis Archiepiscopi Cancellarii nostri apud Rothomagum 12 die Julii Anno Regni nostri primo To which Charter Sir Edward Cook annexeth this marginal Note Thâ—s King had a most troublesom and dishonourable reign God raising against him for his just punishment two potent Enemies Pope Innocent the 3. and Philip Kâ—ng of France And besides which was the worst he lost the heart and love of his Baronage and Subjects and at the last had a feaâ—full end He adds Our Noble King Edward 1. and his Father H. 3. before sought by dâ—vers Acts and Ordinances to use some means and moderation herein but in the end it was found That there was no mean in mâ—schief and as Seneca saith Res profecto Stulta est nequitiae modus And will it not be so now in their new limited re-admission if consented too And therefore King Ed. 1. as this Act saith for the honour of God and for the common profit of his people without all respect in respect of these of the filling of his own Coffers did ordain That no Jew from thenceforth should make any bargain or contract for usury nor upon any former contract should take any usury from the Feast of St. Edward then last past So in effect all Iewish Vsury was forbidden This Law struck at the root of this pestilential weed for hereby usury it self was forbidden and thereupon the cruel Iews thirsting after rich gain to the number of 15060 departed out of this Realm into forraign parts where they might use their Jewish trade of usury and from that time that Nation never returned again into this Realm Some are of opinion and so it is said in some of our Historâ—es That it was enacted by authority of Parliament that the usurious Iews should be banished out of the Realm â—â—t the truth is that their usury was banished by tâ—â—s Act of Paâ—liament and that was the cause that they banished themselves iâ—to other Countries where they might lâ—ve by their usury So that by his opinion they were not then banished by the King or Parliament but only voluntarily banished themselves upon the making of this Statute against their Usury But under the favour of this deceased reverend Judge whose memory and judgement in Law I generally reverence this opinion of his is a meer mistake For 1. This Statute de Iudaismo was not made in the Parliament of 18 E. 1. as he confidently affirmeth without any ground or Authority at all but in the 3d year of his reign as I have formerly proved being full 15 years before the Jews banishment out of England the term the Statute de Iudaâ—smo allowed them to take Lands and Houses to farm but no longer If then they resided here full 15. years after the banishment of their Usury by this Statute it is most certaine it was not the ground of all their voluntary banishments in 18 E. 1. as he strangely fancieth but some particular Act for their general expulsion then made upon the Commons importunity else they would have voluntarily exiled themselves 15 years before upon the first publication of this Statute against their Usury in all probability rather than so long after its banishment of it in 3 2. This Stat. hath not one syllable of their banishment in it but expresly authorizeth them to take houses and lands to farm and continue here 15 years space but no longer Now had it been made in 18 E. 1. as Sir Edw. Cooke affirms the King and Parliament had been so far from banishing them that year as the premised Histories and Records he cites do joyntly attest they did that they had thereby authorized them to continue here 15 years longer even till 33 E. 1. Yea the Commons had been much overseen to give the Kâ—ng a fifteen in the Parliament of 18 E. 1. for the present banishment of all the Iews out of England had they passed the Statute de Iudaismo at that very time which allows them 15 years space longer to take Houses and Lands to farm to extend the moâ—ty of the Lands and Goods of their Creditors to be resident in the Kings Cities and Burroughs where their chests for Indentures were to grant them the Kings Peace and Protection both for their persons and estates and exempt them from suits in all Courts but the Kings and from all Taxes with other Subjects And that clause of this Statute prescribing them to wear a badge on their uttermost Garments after they were 7. years of age and to pay 3 d. the poll yearly to the King after they were 12 years old had been meerly ridiculous if
made but in 18 E. 1. when they were forthwith banished and not in 3. before their exile as our Historians affirm who are only to be credited in this case because all the Parliament Rolls of this Kings reign and before are utterly lost and this very Statute de Iudaâ—smo not extant on Record in the Tower or elsewhere nor any other Statutes made in his or his Ancestors reigns all lost as well as that of 18 Edw. the 1. for the Jewes Banishment as the Clerks and Keepers of the Records informed me upon my searches after them 3ly No Record nor Historian mentions that the Jews voluntarily banished themselves upon the making of this Law and their voluntary departure hence upon the publication of it could not be stiled a Banishment since Cornelius Tacitus resolves Exilium non est ubi quis abit non Senatus consulto non Lege pulsus This their banishment therefore must necessarily be by an express Law or Decree of Parliament 4ly The forecited Historians record that the Jews but a few years before gave King Edw. the 1. a vast summ of money full 12 years after this Statute De Judaismo made in the 3. of his reign to prevent their banishment hence urged by the Commons in Parliament in the 15 year of his reign with the profer of the 5 th part of their goods to the King for their banishment Therefore it is very improbable they would in 18 E. 1. full 15 years after this Statute voluntarily banish themselves only because their Usury was so long before exiled by it 5. All the forecited Historians of those and of later times who are more to be credited then Sir Edward Cookes singular groundless opinion unanimously record that the Iews were all judicially really expelled banished the Realm in 18 E. 1. both by the King and Parliament and that principally for their infidelity not Vsury and other fore-alleged reasons and commanded under pain of hanging by a special Decree and Edict to depart hence by a prefixed day for the effecting and hastning whereof the Commons gave the King a fifteenth Therâ—fore they were all precisely banished by the King and Parliament not by themselves alone 6. The King then banished them out of England upon the same grounds and in the self-same manner as he had newly banished them the year before out of Gascoigne and all his Dominions in France as Matthew Westminster Walsingham and others record But then and there he banished their persons by an express Decree not only for their Vsury but chiefly for their Infidelity and Enmity to Christs Cross Therefore he did the like in England 7ly All Usury in all persons whatsoever was strictly prohibited and quite banished out of England long before this Statute De Judaismo which was but a meer confirmation of former Lawes with particular relation to the Jews not an introduction of any new Law The clearing whereof nor impertinent to my Theam against Jewish Usurers will most fully discover Sir Edward Cooks mistake to the very meanest capacity The famous Council of Calchuth Anno Dom. 787. under King Alfwood and King Offa condemned all usury in these terms c. 17. Vsuras quoque prohibemus dicente Domino ad David dignum fore habitatorem Tabernaculi sui qui pecuniam suam non dederit ad Vsuram c. After which King Edward the Confessor enacted this Law against Usury about the Year 1050. ratified by William the Conquerour in the fourth year of his reign Usurarios quoque defendit rex Edwardus Ne remaneret aliquis in toto regno c. si quâ—s inde convâ—ctus esset quâ—d fâ—râ—ns exâ—gerâ—â— omni substantia propria careret pro Exlege haberetur Hoc autem asserebat ille Rex se audisse in Curta Regis Francorum dum ibidem moraretur quod Usura summa radix est omnium vâ—tiorum This Law precisely banished all Usurers with their Usury out of England and confiscateth all their goods to the King as Outlaws upon conviction If therefore there had been any Jewish Usurers in England in St. Edwards reign as the spurious Law just before it in Spelman Hoveden forecited pretends they had all been expresly banished the land by this Law and never permitted to reside therein above 270 years before the Stat. de Judaismo was enacted In the Council of London Anno 1128. 25 H. 1 and in the Council of Westminster Anno 1138. the 3 of King Stephens reign All usury was prohibited under pain of deprivation both from Office and Benefice in Clergy men By virtue of which laws and Canons all the goods of Usurers became forfeited to our Kings after their deaths they excoÌ„municâ—ted persons This is evident by the words of Ranulp de Glanvil a famous Lawyer under King Henry the 2. De legibus consuetudinibus Regni Angliae lib. 7. c. 16. where thus he writes Usurarit verò omnes res sive testatus sive intestatus decesserit DOMINI REGIS SUNT Vivus autem non solet aliquis de crimine usurae appellari nec convinci Sed inter caeteras Regias Inquisitiones solet inquiri probari aliquem in tali crimine decessisse per duo decim legales homines de vicâ—neto per eorum Sacramentum Quo probato in Curia omnes res mobiles and omnia catalla quae fuerunt ipsius usurarii mortui Ad usus domini Regis capientur penes Quemcunque inveniantur res illae Haeres quoque ipsius hac eadem de causa exhaeredatur secundum jus regni ad DeminuÌ„ vel Dominos revertetur haereditas Sciendum tamen quod si quis aliquo tempore Usurarius fuerit in vita sua super hoc in patria publice defamatus si tamen a delicto ipso ante mortem suam destituit poenitentiam egerit post mortem ipsius ille vel res ejus lege Usurarii minime censebuntur Oportet ergo constare quod usurarius decesserit aliquis ad hoc ut de eo tanquam de usurario post mortem ipsuis judicetur de rebus ipsius tanquam de rebus usurarii disponatur which he likewise affirms for Law in that age lib. 10. c. 3.8 Therefore usury in that and former ages was equally prohibited to all as well Jews as English under pain of forfeiture of all their real and personal estates to the King and their inheritances to the Lords in case they died usurers And if the Jews had not been within the compass of these Laws but might have freely exercised usury when the English could not they had been in this respect in far better condition than the native English when as the forecited law concerning them resolves us Iudaei omnia sua Regis sunt both in this Kings reign and before upon this account amongst others because they were known Usurers This Law continued still the same in succeeding ages as is most apparent by Capâ—tula placitorum
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
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
can find no syllable in any Domestick or foreign Historians or Writers whatsoever nor yet that they inhabited here or were here in the Briton Saxon or Danish Kings Reigns which if they had some of our Historians Synods Decrees and Laws in those ages would have mentioned it as well as the Gothish Spanish Histories Laws Councils and Constitutions where they resided in which there is not one syllable of them but only in the forecited Law foisted in amongst the Confessors to which doubtless it was puny but in William the Conquerours reign Together with their ill deportments misdemeanors sufferings massacres servile condition and manifold popular tumults against them during all the time of their residence in England and final banishment out of it never to my knowledge collected into one intire History before The serious consideration whereof will in my weake judgement sufficiently satisfie convince the whole English Nation that they have just grounds and reasons in point of piety of policy never to re-admit them more into our Island and likewise resolve the very Jewes themselves that they have little cause or reason at all to desire to re-plant themselves in England where their ancestors in times past susteined so many miseries massacres affronts oppressions fleecings upon all occasions themselves can expect little better usage for the future To this principal part of my undertaking for fuller satisfaction I shall hereunto subjoyn a Tast of such Laws Scriptures Reasons as seem strongly to plead yea conclude against their re-admission into England at least in that latitude and freedom as formerly they there enjoyed and now petition for As 1. To erect new Synagogues Temples amongst us or turn any of our Churches Chappels into Synagogues for the free publique exercise of their Judaism Jewish Worship Customs Religion diametrically contrary to the Gospel Person Kingdom Priesthood Offices Mediation Redemption of our Lord Jesus Christ which they thereby professedly deny renounce as false and fabulous 2ly To set up a Jewish Corporation or Fraternity amongst us in our Cities and Corporations distinct and separate from the English subject to their own immediate peculiar Officers and Judges as heretofore 3ly To purchase Houses Habitations Rents Lands exercise Merchandizes and all sorts of Trades and Manufactures amongst us as free Denizens or Merchants upon such terms and qualifications as shall be indulged to them 1. For our Laws and Statutes these following make directly or obliquely by way of necessary consequence against their re-admission 1. For their Jewish Synagogues Worship Sacraments Religion these ancient pious Laws of our Saxon and Danish Kings made in their great Parliaments and Councils before the Jews first coming into England strongly oppose their admission now As namely the Laws of King Alfred and Guthern Lex 1.2 of King Ethelred in the Council of Aenham c. 1.3.27 29 30. of Habam c. 1. with the Laws of King Knute the Dane Lex 1.27 28. All which enact That the only true God and our Lord be loved worshipped in all ages by all the people with all their might the one Christian holy Catholick faith orthodoxly kept and the Churches of God to be diligently frequented throughout the Realm That all Paganisme and false Religions be renounced both in words and deeds That who ever wickedly resisteth the Laws of Christ shall be grievously fined and put to death and that all men should diligently seek out by all means Ut recta Christi relâ—gio maximè provehatur That the right religion of Christ might be most of all advanced obtesting all Ecclesiastical and secular persons again and again most earnestly to keep the sincere faith unanimously in the true God and the right Christian faith in a right manner diligently to hear the Teachers of Gods word studiously to follow their Doctrine and Precepts to maintain peace and tranquility in the Church of God and there diligently to pour forth their prayers All which particulars exclude all Jewish Synagogues and Judaisme and are of perpetual force being grounded on the very Law of God Moreover King Cnute his Ecclesiastical Lawes made by the advise of his wise men to be observed throughout all England prohibited That no Christian should be sold or sent out of the Realm or banished amongst those who had not as yet embraced the faith in Christ lest per adventure those Souls should perish at any time which our Lord Jesus Christ had redeemed with his own blood and life If Christians for this cause ought not to be sent sold or banished amongst Jews and Infidels much more then ought not Infidel Jews with their Jewish Synagogues Religion Ceremonies to be now introduced amongst us Christians to the hazard of many Christian Souls redeemed by Christs blood 2. All the Statutes concerning Uniformity of Common Seâ—vice and administration of the Sacraments as 1 Ed. 6. c. 1 2. 2 Ed. 6. c. 1. 6 Ed. 6. c. 1.1 Eliz. c. 2.23 Eliz. c. 1.35 Eliz. c. 1.2 most of them still in force being never legally repealed do fully and directly oppugne the introduction of any Jâ—wish Synagogues Service Sacraments Worship Ceremonies with the use of them in any place within our Realm 3. The Statutes of 3. E. 6. c. 10.13 Eliz. c. 2.23 Eliz. c. 1.28 Eliz. c. 2.6 35 Eliz. c. 1.3 Jac. c. â— against Popish Recusants Seminary Priests Jesuites Friers Masse-Books Agnus Dei's Popish Books Superstitions for eventing the withdrawing of the Subjects of this Realm from the publique Ordinances Sacraments and Religion here established and for speedy banishing all Seminary Priests and Jesuites and keeping them perpetually out of the Realm upon this account amongst others though professing Christ Christian Religion and agreeing with us in all Articles of the Creed and most fundamental points of Christianity Must in Substance Law Reason in this regard much more perpetually exclude abolish all Jews Jewish Priests Rabbies Synagogues worship Ceremonies Superstitions out of our Dominions being far more dishonourable to Christ opposite to our Christian Religion and destructive to the peoples souls if once admitted then any Jesuites Seminary Priests Friers Popish Recusants or any Romish Masses Superstitions whatsoever And if the Jewish Priests Judaism and Jewish Ceremonies may be now set up and practised publiquely amongst us notwithstanding all these Statutes then much more Masse-Priests Masses Popery and Prelacy by the self-fame reason justice equity To these I might annex all the late Ordinances for the Directory The solemn League and Covenant and for Suppressing punishing of Heresy and Blasphemy therefore of Judaism which is both Heresy and Blasphemy and Jewish assemblies the very Synagogues of Sâ—tan and Jews great blaspemers by Christs own resolution Rev. 2.9 c. 3.9 Acts 18.6 Rom. 2.21 With the late printed Instrument of Government which although it allows not only toleration but protection to all Sects and Religions professing faith in God through Jesus Christ though differing from the Doctrine and Discipline publickly held forth in the Nation
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
extirpated the Infidelity prevarications and superstitions of the Jews neither would he permit any one of them to live in his Realm who would not become a Christian For which this Council highly commended him rendered special thanks to God for it and withall enacted by the conâ—ent of the Nobles that every King of Spain in future times before he should be installed and crowned King should take an Oath That he would not suffer the Jews to violate the Christian Faith and that he would in no wise favour their infidelity through any kind of negligene or covetousnes nor give entranc to any thing tending to the precipices of infidelity prevarication c. About the year of Christ 615. they were banished out of Jerusalem it self by Heraclius the Emperour as Zonaras Tom. 3. in his life Paulus Diaconus rerum Rom. l. 18. Cent. Mag. 7. c. 4. storie near that age out of Arverna Bibl Patr. Tom. 6. part 2. p. 243. Venantii Fortun. l. 5. c. 5. About Anno 616. King Sisebutus banished them all out of Spaine unlesse they would turn Christians which the most of them refusing to doe departed thereupon into France as the marginal Authors unanimously attest About the year 618. they were all banished out of France by King Dagobert unlesse they would renounce their Judaism and turn Christians upon the command and instigation of Heraclius the Emperour as Regâ—no Chron. l. 1. Cert Magdeb. 7. c. 14. relate King Wamba about the year 710. banished them out of the Province of Narbon as Rodericus Toletanus de Rebus Hisp. l. 3. c. 11. informs us About the year 1196. they were banished out of the City of Mentz and near the same time out of the City of Triers and the Bishoprick thereof by Bishop Everhard Philip Augustus King of France banished them all out of France by several Edicts Anno 1152. 1162. 1182. for theâ—e reasons Because they had divers times crucified children of Christians in Paris and elsewhere in contempt of Christ and his passion entertained Christian men servants and maid servants in their houses who did likewise play the Jews with them contrary to the Decrees of God and the Church above measure oppressed impoverished by their Usuries the Citizens Knights Gentry and Country people both in the Cities Suburbs and Villages of France and detained some of them prisoners in their houses like captives binding them by an oath not to depart out of them most vilely profaned the sacred Vessels pawned to them by Church-men in cases of necessity causing their little children ordinarily to drink wine and eat sops out of them yea to lay their excrements in them as Petrus Cluniancensis records in contempt of the Sacrament and casting the silver Vessels Crosses and guilded Books of the Gospel pawned to them into a Jakes in a sack that the Christians might not find them and because the Saracens upbraided the Christians for entertaining them amongst them being the professed Enemies of Christ Vpon these grounds as also because their wealth and number were so increased that they had almost gotten half the city of Paris into their hands King Philip caused them to be all apprehended through France in one day as they were in their Synagogues then spoiled them of all their rich gold and silver garments confiscated all their Lands Houses possessions and banished them the Realm notwithstanding the intercessions of many Bishops and Nobles bribed with their gold and gifts in their behalf and the proffers of great sums of money to him by the Jews wherewith he would not be mollified After which he caused their Synagogues to be prophaned and then consecrated and converted to churches that so where Christ was first blasphemed after the manner of the Jews he might in the same places be praised both by the Clergy and people as Vincentius records at large After this creeping into that Realm again by money and bribes they were again bannished out of France and their goods confiscated by King Philip the Fair in the year 1293. as some or 1307. as others compute it and driven into Germany In the year 1349. at the earnest importunity of the people they were all banished out of Alsatia and the Impeâ—ial Cities by the agreement of the Bishops and Nobles and most of them burnt and destroyed as they had been formerly in those parts by Earl Emicho An. 1102. who then banished them thence Ludovâ—cus Duke of Bavaria about the year 1425. banished all the Jews out of his Territories as Aeneas Picolomineus in his Europae status sub Frederico l. 3. c. 32. p. 79. assures us and that for conspiring against the Christians c. Procul ejicienda Gens mpia finibus quae in contumeliam Christi in subversionem vergit Christianorum as Abraham Bzovius writes The Jews were banished out of the Kingdome of Castâ—le by K. John the 2. about the year 1430. In the years 1474 1482. and 1492. they were all banished out of Spain by King Ferdinand surnamed the Catholique from whence they were transported and received into Portugal they paying to King John the 2.8 Duckets for every poll of them at first for their admission which much augmented his Exchequer though it diminished his piety and honour Not long after Anno 1497. they were driven and banished out of Portugal by King Emanuel And in the year 1539. they were banished out of Naples and Sicily by Charles the 5th To which I might adde the destruction burning and utter extirpation of the Jews by the Rubeaqueâ—ses Anno 1309. and 1338. Munst Cosm l. 3. p. 547. Their banishment out of Germany Anno 1385. out of Misnia and Thuringia Anno 1410. out of Wormes and Spires Anno 1092. Munsteri Cosm l. 3. p. 582. Out of Prague by Wratislans for hating and slaying the christians Geor. Bartholdus Pontanus Bohemiae Piae l. 2. p. 20. Out of Berne Anno 1287. Munsteri Cosm l. 3. p. 582. Out of Trent Anno 1475. for crucifying a child And out of Rome it self Anno 1508. by Pope Pius quintus for their horrid extravagant usuries oppressions combining with Theeves and Robbers Forgeries and ungodly charmes in wooing of women to their lusts Having therefore been thus frequently banished by Christian Kings Princes from time to time at the earnest sollicitation of their godly christian Ministers Bishops people and by our King and Parliament too out of England so long since never to return again what shadow colour of piety policy prudence justice law reason there can be for any person or persons whatsoever to re-admit them except the argument of dishonest private filthy under-hand Bribes or Lucre by which they usually scrue themselves into those places whence they have been exiled transcends my shallow capacity to comprehend especially at this season when we are so over-stored with English that some think of sending and planting Colonies in another world whithet these Gold-thirsty
Jews may do well to transplant themselves if they be weary of their former habitation 10. The forecited Christian Authors Historians old and new much applaud and magnifie those Christian Emperors Kings Magistrates States who have most opposed restrained suppressed by severest Laws Edicts the Jewish Synagogues Ceremonies Superstitions Rites Abuses and banished these Antichristian Blasphemers and Enemies of Christ Jesus out of their Kingdoms and Territories especially for their Infidelity and censured those who favoured them And Matheus Flacius Illericus Johannis Wigandus Andreas Corvinus Thomas Holthuter 4 famous learned Protestant Historians and Divines in their laborious learned Ecclesiastical centuries as they every where do the like So in their 12 Cent. cap. 7. col 1078 1079. they pass this sharp censure against the Decrees of Pope Alexander the 3. and Clement the 3. prohibiting the Jews to build any new Synagogues where were none before yet tollerating them only to repair old ones where they were fallen down and defaced to use their rites in But withall forbidding all christians under pain of Excommunication any communion with them for fear of being seâ—ucâ—d to their Superstitions â— Denique ut extremamâ—â—omanorum â—â—omanorum Paparum impadentiam et stupendam impletatem videas non pige â—iâ—â—orum Decreta pro blasphema in deum gente Iudaeorum lata adscribere â—â—ough some Popish Schoolmen as Alexander Alensis Summa Theologiae pars 2. qu. 61 Aquinas 2.2 quest 10. Art 9 10 11 12. Scotus in l. 4. Sent. dist 4. qu. 9. are not ashamed to justifie Quod ne deterius quid contingat aliquo modo bonum eliceatur tollerandi sunt Judaei ritus suos servare to graâ—â—fie their Popes herein which they likewise affirm of the iâ—olatrous Gentiles rites and worship as well as of the Jews And Peter Heylin in his Microcosme p. 569 570. writing That the Jews having been put to divers fines and ransoms they are at last even thrust quite out of Europe also They were banished out of England by Edward the 1. Anno 1290. Out of France Spain Portugal Naples and Sicil by the Kings forecited subjoyns by way of censure Yet are they found in great numbers in the Romish part oâ— Germany and Poland in most Cities of Italy especially Rome where there are no lesse than 15000 or 20000 of them and also in the Popes country of Avignion The reason why they are permitted to live thus under our holy â—athers Nose is forsooth an expectation of their conversion which is a meer pretence the reason being indeed the benefit hence arising to his Holinesse coffers but the hopes of their converâ—ion is small and the means lesse c. And therefore we cannot now re-admit them into England upon the self-same pretence and ground of gain without incurring the like censures from Protestants and Papists too and bringing intollerable Scandal Dishonour Reproach both on our Nation and Religion in these times of pretended highest Reformation they being the professed Enemies of our Lord Jesus Christ who will not have him to rule over them Luk. 19.27 and so odious to the very Turks themselves for crucifying Christ that they oft use to say in detestation of a thing I would I might die a Jew Neither will they permit a Jew to turn Turk unless he be first baptized 11. Many of the wisest Heathen Law-givers Politicians States have specially prohibited the introduction and habitation of foraigners amongst them Hence Lycurgus the famous Legislator and the Spartans by his Law and advice expelled all foraigners out of their city and country lest by insinuating themselves amongst them they should teach their Citizens some ill introduce foraign manners an ill disordered kind of life upon which ground they also prohibited their Citizens to travel into foraign countries Upon these grounds the Thebans Apoloniatae in imitation of the Spartans banished all foraigners out of their City as Aelian Var. Hist l. 13. c 16. Alexander ab Alex. l. 4. c. 10 record Plato the Philosopher Dialogo 12. de Legumlatione though he permits foraigners by way of study trade travel and embassie to come into his city and Republike under certain Laws and Rules yet he totally secludes them from inhabiting therein or to trade without strict Laws to prevent their danger upon this ground Solet enim civitatum in commerciis permixtio varios mores civitatibus ammiscere dum externi externis vicissim novationes inducunt quae res civitatibus per rectas leges benè institutis maximum deirimentum affert Aristotle observes That the bringing in of foraigners is the principal cause of seditions tumults Qui inquilinas aut advenas recipiunt in civitatem Hi fere omnes aut certe plurimi seditionibus conflictantur Dr. Jo. Case gives the reason of it Nam ut nihil citius corpus humanum inficit quam pestilentium vaporum malis humoribus copulatio ita nihil velocius corrumpit Civitatem quam peregrinorum admissio in qua contagio venenum latet And hereupon he raiseth this question from Aristotles Text Utrum periculosa sit in Rempublicam peregrinorum admissio And thus resolves it It is perillous to take Snakes into the bosom and Foraigners into the Commonweal for as they being refreshed with heat do bite and sting So these being enfranchised destroy the Republike To prove this by arguments we may consider that every Nation hath its proper ceremonies which they bring along with them and do not change with the climat when they come into another Countrey Wherefore there is great danger lest by receiving strangers the ancient manners and Laws should be changed into new and foraign Now what sooner begets sedition than alteration of Laws and Customes as we may see even in sundry Scripture examples which he remembers not and of the Jews especially Acts 14.2 to 7.16 c. 16.19 to 25. c. 18.5 6 7.17 18 19. c. 17.12 to 18. c. 19.24 to 41. c. 21.27 to 40. c. 22.22 c. c. 23 24 25. What therefore is more perillous than the admission of Foraigners into our Commonwealth Moreover wherefore hath Nature instructed like to associate together with like if it should draw men of strange and different manners into a Republike Nature will not that sheep should be associâ—ted with wolves neither wills Prudence that Natives should be coupled with Foraigners For Philosophy perswades this that contraries cannot dwell in the same place but strangâ—rs for the most part are Enemies to the Citizens with whom they converse Adde to this that as Locusis are to the Corn so are Foraigners to the Republike for as they doe wast and consume the grain of Corn so these devour the fruit of the Commonwealth for although they are branches of the same plant yet they suck not wholsom juyce but poyson from the root wherewith at length the whoâ—e plant being infected perisheth This he proves by several examples out of Aristotle himself by the Trezenii Zanclei
Generals and Commissioners named in them To banish and send into Foraign parts and Plantations all persons of the royal party formerly in arms of no estate and living loosly and all persons whatsoever that shall appear by their words or actions to adhere to the party of the late King or his Son to be dangerous Enemies to the peace of the Commonwealth even without and before any Legal indictment tryal conviction of any particular crime for which a Sentence of Banishment is prescribed by our Laws or any Judgement or Act of Parliament inflicting this heavy Punishment upon them far worse to many than death it self Now I shall earnestly intreat in the name and fear of God all those whom it most concernes to consider and determine in their own retired thoughts how unjust un-righteous unreasonable unchristian and more then brutish it will seem to all Freeborn English men and conscientious christians both at home and abroad and what great scandals it may bring both upon our Nation Government and Religion it self in this manner and on this old account alone to banish these christian English Freemen out of their Native country both from their Wives children Kinred and Gods own publike Ordinances and at the self-same time to call in foraign Infidel Jews greatest Enemies to Christ himself and Christians and in that respect more dangerous to the peace and welfare of the Nation than thoâ—e thus to be banished to supply their places even against an express old Judgement and Edict of the whole Kingdom in Parliament for their perpetual exile What a sad pernicious president it may prove in future ages especially to the Authors of it and their posterities by divine retalliation as the Athenian Ostracisme did to Clisthenes who invented it was the first exiled by it upon eâ—ery new revolution to banish all English freemen of a contrary party and call in Forraigners in their rooms Whether it will not revive that ancient complaint of Petrus Cluntacensis Lex nam vetusta sed verè diabolâ—ca ab ipsis Christianis Principibus processit c. Manet inultum scelus detestabile in Judaeo quod exilio vel horrenda morte suspendit punitur in Christiano Pinguescit inde deliciis affluâ—t Iudaeus unde laqueo suspendâ—tur Christianus And whether upon consideration of this and the precedent reasons deduced from these Declarations and all the premises they ought not peremptorily to conclude against the Jews present and future re-admission into England I shall close up all with an Answer to the two principal Allegations for their reception into our Realm 1. The main and onâ—y consciencious Argument for their introduction is this That it may be a very probable hopefull means of the general calling and conversion of the Iewish Nation to the Christ an Faith which hath been so long prayed for and expected by Christians and seems now approaching which their seclusion from us may much obstruct Not to enter into any large debate of this conversion of the Iews wherein learned Orthodox Divines and Writers are much divided I say 1. That I could never yet be satisfied that there shall be such a general call and conversion of the whole or major part of the Nation of the Jews as some expect but only of every smal electremnant of them The forecited Texts with Is 30.8 9 10 11. Now go write it before them in a Table and note it in a book that it may be for the time to come FOR EVER and EVER That this is a rebellious people children that will not hear the Law of the Lord which say to the Seers see not and to the Prophets prophesie not unto us right things c. cause the holy one of Israel to depart from before us Luk. 20.16 17 18. Mat. 21.41 42 43 44 45 John 1.11.12 Rom. 9.27.26.33 c. 11.2 5 7 8. contradicting such a general conversion of them that of Rom. 11.26.27 28. And so all Israel shall be saved being meant only of the Elect and true Israel of God both Jews and Gentiles as many judicious Expositors and Rom. 2 26 27 28 29. c. 9.6 7 8. c. 11.1 to 8. Gal. 3.7 9 14 16 22 28 29 c 6.16 seem to expound it not of the whole Jewish Nations calling and salvation at the last 2ly It is agreed by most who expect such a general calling and conversion of the Iews That it shall not be till the fullnesse of the Gentiles become in as Rom 11 24 25. resolves And whether this fullnesse be yet come in there being so many Gentile Nations yet unconverted especially in Asia Africa and America and those infinitely exceeding the Gentiles yet converted to the Gospel let those consider who now expect the Iews conversion 3ly If this fullnesse of the Gentiles conversion to Christ must preceed the general calling of the Iews as a necessary preparative and introduction thereunto then we ought by this allegation in the first place to call the Turks Tartars Persians Chinoys Indians all other unconverted Gentile Nations with their Religions into England first convert them to the Christian faith before we bring in the Iews whose conversion is to succeed theirs the Gentiles fullness And then we shall have Religions enough in England to please all Novellists and a thousand aliens to each English Native 4ly There are farre more expresse direct promises texts grounds both in the Old and New Testament for the calling conversion of all Gentiles and yet unconverted Heathen Nations to the faith of Christ then of the Iewish Nation not one Nation of them for ought we read being so far rejected broken off and given up to an obduration of heart and blindness of mind by Gods judiciall decree as we read the Jews to be Isa 6.9 10 11 c. 8 14.15 16. c. 29.9 10 11 12. Mat. 13.14 15. Mar. 4.11 12. Lu 8.10 Iohn 12.37 38 39 40. Act 28.25 26 27 28. Rom. 11.7 8 9 10. Therefore our prayers and endeavours ought first to be for the conversion of all Gentiles yet unconverted to the faith being more hopefull more successfull in all probability than our prayers endeavors for the Iews conversion at least till the Gentiles fullnesse be come in 5ly Admit either a general or special calling and conversion of the Iews in the latter end of the world yet the calling of them into England to cohabit with us in such a manner as they now desire is no ways necessary for that end For 1. it is no where declared in Gods word that they must be called in England or by English men 2ly If they were principally to be converted by English Divines or Laicks we may with more ease lesse danger and prejudice to our Nation and Religion send English Divines and Laicks into other forraign parts where they now reside to instruct teach convert them to the faith than call them into England to convert them now in this giddy unsetled
the only God with them and us how christian-like let themselves determine 3ly God himself who saith Behold I have smitten mine hand at thy dishonest gain which thou hast greedily gained of thy neighbour by oppression other unlawfull means will certainly smite his hand at this gain by the Iews re-admission And therefore let us give that resolute answer to the Iewish Agents if they proffer to purchase an indenization amongst us by their gold as St. Peter once did to Simon Magus in another case Thy money perish with thee Thou hast neither part nor lot in this businesse for thy heart is not upright with God 4ly None ever gain'd by the Iews introduction or continuance in any Christian State but the King and some of his bribed Officers and that by oppressing squeezing fleecing taxing excoriating eviscerating crucifying pillaging plundering the poor Iews in such an unchristian inhuman illegal unrighteous manner against the express commands of God as made both Christians and Christianity most detestable to them brought a secret curse of God upon all those unrighteous gaines as also upon their very persons and Government witnesse King Iohn and Henry the 3d. and encouraged them to oppresse fleece and pillage their Native Subjects by illegal Taxes and Projects and to use them rather like Iews than Christians enforcing them thereby to take up arms against them for their Laws Liberties and Properties just defence as those Kings reigns and others sufficiently evidence 5ly The introduction of the Iews into England and other Nations never advanced the publike wealth of the Natives and Republike but much impaired it by their Vsuries and Deceits clipping and falsifying monies ingrossing all sorts of commodities into their hands usurping the Natives trades and becomming such intolerrable grievances to them that they were never quiet till they were banished as their greatest Annoyance and purchased their Exiles even with publick Subsidies granted to their Kings to be quit of them as the premises abundantly evidence 6ly The Trade of this Nation flourished more after their banishment hence then ever it did before and their introduction now will but supplant undoe our English Merchants and other Natives to enrich them and some few other Grandees who shall share with them in their spoils and unrighteous gains as they utterly supplanted impoverished ruined the City of Norlingen in Germany where they intruded themselves in great numbers by the Emperours priviledges whereupon the Citizens Anno Dom. 1290. being reduced to extreem poverty by them rose up in arms and slew a geeat number of them without destinction of age or sex for with the Citizens were put to so great fines by the Emperour Rodolfus and so oppressed by the Nobility and others obliged to the Jews by morgages and moneys lent them though the Jews instigation that the natives were inforced to leave both their Studies Trades aend the City it self reduced thereby to extreem penury for above 59 years space as Sebastian Muâ—ster at large records which together with the premises sufficiently disproves Meuasseth Ben Israels Suggestion of the profit the Natives of England may receive by their readmission 7ly The taking off all long continued uncessant new illegal Taxes Excises Imposts imposed without common consent in Parliament on the Nation ingrossing anticipating most of the current Monies of the Land which are the nerves and wheels of Trade eating up all the Merchants Peoples gains and labors and overclogging all or most Commodities imported or exported The disbanding of all unnecessary mercenary Forces and Garriâ—ons who have devoured most of the publike and private wealth of our three Kingdoms and extraordinarily impoverished them only to enrich and advance themselves and setting up the old unmercinary Trained Bands and Legal Militia of the Realm in their steads The encouraging of Merchants to bring in gold and silver Bullion to set the Mint on work which hath lain for the most part idle near 15 years the suppressing of the superfluous making wearing use of gold and silver lace wyre gilding which consume many thousand pounds of current coyne every year The inhibiting of the excessive use of that late intoxicating smoke of Tobacco causing such a prodigal expence of money time and hindring more necessary usefull staple merchandizes and plantations The regulating of the gross abuses of Letters of Mart now little better than commissioned open pyracies occasioning the ruine of Trade and Merchandize by way of Reprisal The ordering according to Law Iustice Conscience that all prizes taken from any foraign Enemy or other who pillage or damage the English by the States Ships and men of War set out by the Merchants Customs Tonnage Poundage Imposts and therewith maintained for their defence shall be equally distributed to our English Merchants that are damnified or undone by them towards the reparation of their losses who maintain them to enable and encourage them in their trading especially when much impoverished or undone by their losses and not at all converted or rather perverted to the use of that some stile the Admiralty State or Mariners who take them at whose cost they are not maintained The binding of all Captains of all States men of war to make good all the English Merchants and their Allies losses susteined by their default or negligence The resuming of all the late alienated ancient Lands rents revenues of the Crown got into private hands which ought to defray the constant expence of the Government now extorted for the most part by arbitrary new devices out of the exhausted peoples purses The speedy preventing of the late unparalleld wasts in all places of English Timber fit for shipping of which there is like to be such scarcity ere long as will both destroy our Navy shipping Trade All these and every of them will far more advance the Trade and Traffique of the Nation and the publike wealth and give all the people far better content and satisfaction ten thousand fold then this New distastefull pernicious project of bringing in the Iews against which I shall only discharge this ancient Canon of the 4th Council of Toledo in Spain under their most religious King Sysenandus in the year of our Lord 681. which thus batters all ecclesiastical and temporal promoters of this allegation for filthy Lucres sake with this direfull thunderbolt recited and confirmed in consil Meldenses c. 58. Surius Tom. 3. p. 465. So great is certain mens lucre of money that some coveting after it according to the Apostles saying have erred from the faith For many hitherto of the Priests Laity receiving gifts from the Iews foster their perfidiousnesse or infidelity by their patronage who not undeservedly are known to be of the body of Antichrist because they act against Christ Therefore whatsoever Bishop or Clergy man or secular person shall from henceforth give his suffrage to them against the Christian faith Either For reward or favour being as prophane sacrilegious
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
nobis a die Pasche in 15 dies ad recipiendum ab eo finem debitis illis Et mandetis Vicaquibus necesse fuerit quod nullam interim districtinem faciant eidem Abbati pro debitis illis reddendis T. G. fil Petri apud Suth 25 die Marcii Rex W. de Warren et sociis suis custodibus Iudaeorum c. Mandamus vobis quod quietum esse faciatis Rogerum Wesperill de usuris debitorum quae debet Simoni Iudeo Oxon. ab hoc inst Pasce anno Reg. nostri 9. usque ad Pasche prox sequent et interim ei respectum habere faciatis de praedict debitis T. Aaron Norwic. apud Clarenden 21 die Marcii per eundem By these 3 Presidents it is apparent that the Jews Usury was condemned and no ways favoured by King Iohn and his Justices in that age long before either the Statute of Merton 20 H. 3. c. 5. or De Iudaismo 3 E. 1. c. 1. were enacted and that the King would by no means permit it to run against any whilst actually imployed in his service nor others whom he favoured to whom he released the Usury at his pleasure and his Judges likewise by his command In the Roll of Fines of the 9 year of King Iohn I find these two cases concerning extents of Lands for the debts of Jews in that age Margareta de Lucy dat quinque marcas pro habenda haereditate de Kerchel et de Hammes quam Robertus de Lucy quondam vir ejus invadiavit Iudaeis in vita sua quod Iudaei capiant se a debito quod idem Robertus eis debuit super praedictum vadium ad haeredem ipsius Roberti qui haereditatem suam tenet Et mandatum est Vicecomiti quod accepta ab ea securitate de praedictis 5 marcis faciat ei habere plenariam seisinam de praedicta haereditate sua quae capta fuit in manum Domini Regis occasione praedicta Et mandatum est Iusticiariis Iudaeorum quod de praedicto debito capiant se ad haereditatem praedicti Roberti quam haeres ejus tenet The husband morgaged his wives inheritance to a Jew for a debt and dies for which the wives land being taken by way of extent into the Kings hands upon the Wives suit and fine of 5 marks her land is discharged the husbands land descended to his heir charged with and extended for it all the lands of the Jews Debtors on that age before the Statutes of Acton Burnel or de Mercatoribus 13 E. 1. being liable to extents for their debts as this Record of the same year resolves especially if assigned forfeited to or seised by the King Mandatum est Baronibus de Scaccario quod omnes terras quas Jollarius de Anumdevil habuit tempore quo ipse mutuo accepit debita de Aaron Judaeo capiantur in manum Dom. Regis quicunque illas teneat pro 200 72 libris quas ipse Domino Regi debuit de debito Aaron similiter districtionem faciatis de omnibus aliis quae Dom. Regi tenentur de debito Aaron de 26 lib. 8 sol 9 d. By this Record it appears that debts to Jews in that age were in the nature of Judgements and Statutes binding all the debtors lands he had at the time of the money borrowed into whose hands soever they came afterwards The King at this time claimed such an absolute jurisdiction over the Jews debts that he used to discharge or release them absolutely or for life and to respite them as he pleased as this and other presidents maniâ—est Rex omnibus c. Sciatis quod quietavimus Roberto silio Rogori tota vita sua de omnibus debitis Judaeoorum Willi de Chesney patris Margaretae uxoris ejusdem Roberti praecipimus quod inde sit quietus tota vita sua in hujus rei testimonium has literas nostras Patentes ei fieri fecimus Teste meipso apud Wimo 19 die Augusti In the 13 year of King John of which there are no Rolls or Records in the Tower I meet with this notable Record in the Treasury of the Exchequer touching the Jews assignment of their debts to Christians and extents upon them by Judgment of the Justices assigned for the custody of the Jews whom the assignee thereupon vouched to warranty in this case Placita a die Sancti Michaelis in 15 dies Anno Regni Regis Johannis 12. capta apud Westmonasterium inter alia sic continetur sequitur Rotulo secundo Assisa venit recogn si Robertus de Kanvill injuste sine Judicio disseseivit Willielmum Couse Beatricem uxorem ejus in Lincoln infra Assisas Robertus venit dicit quod Assisa non debet procedere quia ipse babet seisinam inde per preceptum Domini Regis ut ille qui fecit finem cum Judaeis quibus idem Willielmus debuit debitum super tenementum illud unde ipse profert Cartas Judaeorum quas ipsis acquietavit per finem illum vocat Justiciarios Judaeorum ad Watrantum quod habuit inde seisinam per eos ut de vadio suo Quia nihil Juris clamat in tenemento illo nisi ut de vadio Justiciarii Judaeorum sic warrantizant ideo consideratum est quod Willielmus in misâ—ricordia Robertus teneat in vadium suum By the Clause Roll of the 15 of King Iohn it appears that the King then seised granted and sold the houses of the Jews at his pleasure as a Lord his Villains without any other Title but his absolute Soveraignty over them witnesse these Writs of his compared together Rex Majori Vicecom London c. Sciatis quod dedimus dilecto fideli nostro Com. de Ferrariis domum Isaac Judaei de Norw c. in London in parochia Sanctae Margaretae cum redditibus omnibus pertinentiis suis Cartam nostram eo modo fieri fecimus Et ideo vobis mandamus quod secundum tenorem ejusdem Cartae nostrae ei sine dilatione plenam seisinam habere faciatis T. meipso apud Craneborn 8 die Julii Rex Vicecom Praeposit Oxon. salutem Sciatis quod ad petitionem venerabilis patris nostri N. Tuscul Episcopi Apostol sedis Legati concessimus Albrico fil Isaac Judaeo domos suas et domos quae fuerunt Isaac patris sui in Oxon. quae non valent per annum nisi viginti sol ut dicitur Unde vobis mandamus quod plenam seisinam domorum illarum eidem Albrico fine dilatione habere faciatis nisi valeant per annum plus quani 20 s. T. W. Brewer apud Freemer 11 die Novemb. This year the King laid an heavy Tax upon the Jews at Bristol which some Jews in Southampton refusing and delaying to pay the King thereupon issued this Writ to the Sheriff of Southampton to apprehend and send them prisoners to Bristol unlesse they presently paid it Rex
nomina eorum in rotulis nâ—st is Et si aliquem Judaeum qui de partibus transmarinis venerit sicut praedictum est retinueritis ipsum et catalla sua sine dilatione deliberari faciatis Si quos autem inveneritis Iudaeos de terra nostra qui ad vos venerint ad transfretandum usque ad partes transmarinas sine literis nostris de licentia transfretandi ipsos cum catallis suis arrestari faciatis donec a Nobis vel a Iusticiariis nostris ad custodiam Indaeorum assignatis inde aliud mandatum habueritis T. Petro VVinton Episcopo apud VVestm 13 die Novemb. Anno Regni nostri tertio Divers Debtors of the Jews made a fine with king Iohn in the 10th year of his reign to be paid at certain terms of which payments they failing the Jews thereupon paying the fine had these debts assigned them by king Henry the 3. and a precept to extend all the lands they had in 10 of king Iohn prohibiting the taking of any use from them before the kings assignment but allowing use afterwards as this Record demonstrates Rex Vic. Lincoln et Eborum salutem Quia Gilb. de Bercumworth Norm de Arecy and 5 more there named non servaverunt terminos suos de fine quem fecerunt cum Dom. Rege patre nostro de debitis Iudaeorum Nos de consilio nostro die Sancti Martini An. reg nostr 3. Liberavimus Helie de Linc. Iudaeo debita eorundem de quibus finem fecerunt per finem quem idem Helie nobis fecit Ita quod de eisdem debitis exigere possit totum catallum suum sine lucro quod sibi de cetero proveniet Et ideo praecipimus G. de Bercumworth quod sine dilatione reddat eidem Helie 316 l. 10 s. cum lucro quod sibâ— excreverit a praedicto die sancti Martini Item praecipimus Norm de Arecy quod sine dilatione reddat eidem Helie 23 l. 17 s. c. reciting the other 5 debâ—s at large cum lucris quae de praedictis debitis excreverit a praedicto termino Et nisi fecerint tunc sine dilatione seisiatis ipsum H. and the rest de omnibus terris ei redditibus quae fuerunt praedict debitorum in Balliva vestra An. regni Dom. I. regis patris nostri decimo quae scil terrae et redditus sunt vadia nostra pro praedict debitis sicut contineretur in rotulis nostris in quibus Cartae Cirographa omnium praedictorum irrotulentur et ipsum in seinna illa custodiatis et manuteneatis non ei inferentes aut inferri permittentes in seisina illa aliquod gravamen vel molestiam Istud autem mandatum nostrum ita diligenter exequamini ne pro defectu vestri debita nostra ad terminos eidem Helie Statutos remaneant insoluta c. T. P. Winton Epo apud VVinton 13 die Nov. An. reg n. tertio After which follows this Patent reciting that Isaac of Norwich a Jew made a fine of 10000 marks to King Iohn a vast summe in that age to be paid by a mark every day till it was satisfied Rex Baronibus de Scac. salutem Sciaris quod recepimus per manum Vener Patris nostri P. Wynton Epis in 15 dies post Nativ Sancti Iohis Baptistae an c. 2. Usque ad festum St. Martini An. c. tertio Utraque die computata quolibet die 1 marc de fine quem Isaac de Norw fecit nobiscum pro 1 marc nobis singulis diebus reddend pro fine 10 mil. marcarum quem fecit cum Dom. Ioh. Rege patre nostro Et rei hujus c. per ipsum Com. et ipsum Wynton Epis An. c. 3. The Jews in that age and before used to assign over Debts to the King to satisfie their Taxes and other duties whereupon the King gave them a discharge from being sued for these debts but only before himself his Chief Justice or the Justices assigned to them witness this Prohibition Rex omnibus Ballivis c. Prohibemus quod non permittatis quod aliquis Judaeus vel Judaea in Balliva vestra trahat in Placitum Mossaeum fil Isaac de Colecester Judaeum de debito W. Hastings quod ei liberavimus per finem quem modo nobiscum fecit quod quidem debitum idem Mosseus et fratres sui haeredes praedicti Isaac liberaverunt quietum in Thesaurarium nostrum in salvatione debiti quod dictus Isaac debuit Domino Johanni Regi patri nostro nisi coram Nobis vel Capitali Justiciario nostro vel Justiciariis nostris ad custodiam Judaeorum assignatis sine eo quod inde speciale mandatum nostrum habuerint T. H. de Burgo c. In the 5 year of Henry the 3. The King granted the Custody of a Jews house in Melchstreet escheated to him till his full age by this writ Rex Rico de Dol. et Magist Alex. de Dorset et sociis suis ad custod Judaeorum assignatis salutem Sciatis nos concessisse dilecto nostro Luce Capellano H. de Burgo Justiciarii nostri custod domus et terrae cum pertinentiis quae fuerunt Solomonis de Melchstreet Judaei quae sunt in manu nostra sicut escaeta nostra occasione Judaeorum usque ad aetatem nostram Et ideo vobis praecipimus quod eidem Luce plenam seisinam sine dilatione habere faciatis T. H. apud Turr. London 7 die Ian. an reg n. 5. per eundem In the 7 year of this King the Archbishop of Canterbury and Bishop of Lincoln had issued forth Precepts That none should buy any thing of nor sell any victuals or necessaries to the Jews nor have any communnion with thâ—m being excommunicated persons for their infidelity and usury by the Laws of the Church whereupon the King issued forth this ensuing Writ to the Sheriffs and Maior of Canterbury and Lincoln and the like Writs to others upon the Jews complaint commanding all to sell them victuals and other necessaries and apprehend and imprison those that refused notwithstanding the Bishops inhibition Rex Vicecomiti Lincoln Majori Cantuariae salutem Ostenderunt nobis Judaei nostri Lincolniae quod ratione praecepti Venerab patr S.S. Cantuariensis Archiepiscopi et Episcopi Lincoln facti de Judaeis ne quis eis victualia vendant nec communionem habeant cum eis nec inveniant aliquem qui eis aliquid vendant Ideo vobis praecipimus quod visis Literis istis praecipi et clamari faciatis ex parte nostra in Balliva vestra quod vendantur eis victualia et alia necessaria in Civitate Cantuariae et alibi illum capiatis et corpus ejus salvo custodiatis donec aliud mandatum praeciperimus Teste H. c. apud Westmon 10 die Novembris Eodem modo scribitur Majori Praeposito Oxon. de Iudaeis Oxon. et Ballivis de Norwic. de Iudaeis Norwic In the Fine Rolls of 7 H. 3. I find several
circumcidendo ut dicitur suis literis mitti faciat ad custos eorum usque London liberandos ibidem Constabulario Turris London cui Rex praecepit per literas suas quas eidem Vic. mittit ei mittendas quod eos recipiat et eos salvo custodiat T. R. apud West 21 die Novemb. The Indictment and whole Proceedings against them I have elsewhere at large related And this respit of their trial for which they paid a fine De Respectu Rex Iustic suis itinerant in Com. Suff. salutem Mandamus vobis quod Iudicium quod faciendum est de quibusdam Iudaeis de Norwic. qui capti sunt et detenti in prisona nostra pro transgressione quam fecerunt de quodam puero Christiano circumcidendo â—ponatis in respectum coram nobis apud London usque in 15 dies a die Sancti Hil. An. r. n. 19. accepta prius securitate de praedictis Iudaeis de centum marcis ad opus nostrum reddendis pro hoc respectu habendo Et habeatis tunc coram nobis recordum illius loquelae Mandamus enim Vic. Norf. quod cum festinatione praedictos Iudaeos mitti faciat usque Lond. liberandos ibidem Constabulario Turris nostrae London T. R. apud Westm 21 die Novemb. The same year the King sent this writ to the Sheriff of Northfolk and Suffolk to proclaim That no Iew should lend any money from thenceforth to any Christian that held any Demeasne Lands of the King in Socage or Villenage upon the lands themselves but only upon their chattels and moveables under pain of losing the money lent or falling under the Kings amerement Rex Vicecom Norf. Suff. salutem Praecipimus tibi quod clamari facias per totos Comitatus tuos Quod nullus Iudaeus de caetero aliquam pecuniam credat alicui Christiano qui teneat de nobis in Dominicis et Maneriis nostris per servicium Scocagii uel Villenagii super tetram vel tenementum aliquod quod sit de Dominico nostro set si ipsi Christiani mutuam videlicet a Iudaeis pecuniam recipere vellint illam recipiant super vadium catallorum et rerum mobilium Et si aliquis contra hoc praeceptum nostrum in posterum venire presumpserit Iudaeus pecuniam sic creditam amittat et in misericordiam nostram incidat et Christianus similiter tenementum suum in perpetuum videlicet illud quod tam temere contra praeceptum nostrum obligaverit amittat Teste Rege apud Certes 1 die Sept. The same year Mandatum est Vic. Buck. quod non permittat quod aliquis Judaeus de caetero maneat in villa de VVeycumbe sed Iudaeos qui ibidem sunt manentes sine dilatione amoveri fac et maneant in aliis villis in quibus prius manete consueverant T. R. apud Herwic 28 die Novemb. This year I find this notable proclamation Mandatum est Vicecomiti Norf. et Suff. quod in Civitate de Norwic. et singulis bonis vâ—llis Com. suorum clamori faciat quod nulla faemina Christiana de caetero serviat Iudaeis ad alendos puerulâ—s suos vel in aliquo alio officio Teste R. apud VVestm 20 die Ian. per ipsum regem Vrsilla filia Hamonis de Hereford Judaei pays a fine of 5000 marks pro habendis terris domibus et omnibus debitis et catallis quae fuerunt praedict Hamonis to be paid at certain days Such Fines of Iews to enjoy their fathers houses and chattels are frequent in the Fine Rolls Isaac a Jew was this year fined 100l de pluribus transgressionibus de quibus convactus fuit coram Justic Dom. Reg. ad custod Iudaeorum assignatis In this year also the King discharged Aaron a Jew of York from all Tallages whatsoever during his life paying annually into his Exchequer one hundred marks yearly at two terms for his exemption Rex omnibus ad quos presentes litterae perveniunt salutem Sciatis quod concessimus Aaron de Ebor. Judaeo quod ipse toto tempore vitae suae quietus sit de Taâ—lagio reddendo pâ—r annum ad Scac. nostrum Cent. marc ad duos terminos scil 50 mar ad fest Pasch et 50 marc ad festum Sancti Michis Ita quod de debitis quae nobis debuit de quibus finem fecit nobiscum reddend per annum ad Scac. nostrum cent solidos qutetus erit per praedict 100 mar an In cujus c. T. R. apud Suthan 13 die Feb. Et mandatum est Iusticiariis ad custodiam Iudeorum per literas clausas quod ita fieâ—i et irrotulari faciant VVhich exemption is frequently mentioned and ratified afterwards and yet availed him very little as I have elsewhere manifested out of Mat. Paris Aaron de York to pay 100 marks per an to the Kings Exchequer to be free from taxes during all his life In 20 H. 3. I find this pardon of Usury due to a Jew by the King Rex pardonavit Roberto de Pedtiling totam usuram debitorum quibus tenetur Isaac Judaeo Nottingh et Benedicto Judaeo Warwic salva praedictis Judaeis â—orte predict debitorum Et mandatum est Justiciariis ad custod Judaeorum assignatis quod de usura praedicta ipsum Robertum quietum else et ad sortem eorundem debitorum praedict Judaeis redendam eidem Roberto rationabiles terminos habere faciant T. Rege apud Winton 10 die Iunii This year the Inhabitants of Suthampton being weary of the Jews company who intruded themselves into the Town procured this grant from the King to be quit of them unlesse by special command for the future Rex concessit Burgensibus suis Suthampton quod nullus Iudaeus de caetero maneat apud Suthampton sine speciali praecepto Regis Et mandat est Iusticiariis ad custod Iudaeorum assignatis quod illinc nullum Iudaeum mittant ad manendum ibi nec aliquem ibi remanere permittant sine speciali praecepto Regis T. Rege apud Winton 21 die Iunii I conceive all corporations in England will be as unwilling to entertain any Iews now to dwell amongst them as the Inhabitants of Suthampton and those of Newcastle and Wickham forementioned were to receive them in that age In this year I find one Iew extending the lands of another Iew for a debt by this VVrit to their Iustices for that end Mandatum est Iustic ad custod Iudaeorum assignatis quod per Sacramentum proborum et legalium hominum extendi faciant Domos et terras Aaronis Benedicti Suthampton in Suthampt. et in la Hull videlicet quantum valeant per annum in dominicis redditibus serviciis villenag et omnibus aliis exitibus et fac extendi praedict eidem Aaroni rationabilem finem et rationabiles terminos habere fac ad debita in quibus tenetur David Iudaeo Oxon. et Deuleben fil Urseâ— Iudaeo Winton secundum valorem praedictar
domorum et terrarum et quantitatem praedictorum debitorum ita quod interim cessent usurae which here one Jew took of another T. R. apua Winton 11 die Jun. Hen. the 3 in the 21 year of his reign granâ—ed the Presbytâ—ry of all the Jews of England which I conceive to be rather the Custos Rotulorum or Controlers place in the Kings Exchequer of the Jews than the Priestly function as this Record attests Mandatum tst Iusticiariis ad custodiam Iudaeorum assignatis Quod Rex concessit Aaron Iudaeo Ebor. Presbyteratum omnium Iudaeorum Angliae cum omnibus pertinentiis suis tenendum tota vita sua Et quotiens Aaron intendere non possit ad sedend ad Scaccarium Regis ad officium illud therefore certainly it was a temporal office in the Kings Exchequer not an Ecclesiastical Priesthood in the Jewish Synagogues Ioceu fil Copin loco suo recipiat ad ea facienda ad Scaccarium regis quae ad officium illud pertinent therefore a temporal office only to be executed in the Exchequer and that by Deputy as well as in proper person which the Jewish High Priesthood could nor be Rotulos etiam qui fuerunt Jocâ—i Presbyteri praedecessoris sui his Office therefore was to keep the Rolls as Comptroler eidem Aaron vel praedicto attornato suo habere faciant T. Rege apud Clarendon 29 die September Which record together with that of Claus 27 H. 3. â—ars 2. m. 3. hereafter cited doth most fully convince me upon second thoughts that the Presbyteratus omnium Iudâ—orum totius Angliae granted by King Iohn's Charter forementioned in the 1 year of his reign to Iacob the London Jew was not an ecclesiastical high Priesthood Eâ—â—scopacy or Priestly Aaronical Function but exercised over all the English Jews in their Synagogues as Sir Edward Coook Mt. Selden Mr. Purehas Dr. Fuller and others generally assert as a thing beyond disspute whose venerable Authorities at first induced me to that opinion but a meer secular Office in the Kings Exchequer of the Jews to keep the Rolls of Comptroll which this Aaron had now granted to him in the self-same words as are used in King Iohns Charter and his Predecessors before and successors after him enjoyned by like Charters from the K. A thing now clear to me upon consideration that the Jewish Priesthood in the old and new Testam Latin Authors and Records is never stiled Presbyteratus but Sacerdetium nor their Priest not High Priest Presbyter omnium Iudeorum but Sacerdos Pontifex max. summus Sacerdos c. and upon my comparing of several records together since the 3 4 and 5. pages of this second Demurrer printed which I could not transcribe nor compare together till afterwards that it is past all dispute This year the King imposed a Tax of ten thousand marks upon the Jews from the immediate payment whereof no Iew was to be excused or respited but by the Kings special Writ as these two Records informe us in this very year Mandatsm est Iusticiariis ad custod Iudaeorum assignatis quod de arreragiis Tallagii Iudaeorum de 10 mille marc quae colligi precipit rex nullos Iudaeos quietos esse permittant nisi Tallagium illud ad Scac. regis pacaverint vel literas regis de quietancia inde habuerint vel aliud rationabile Warrantum producant quod eis de jure sufficere debeat Teste Rege apud Marleburge 13 die December Rex quietum clamavit Aaron Iudaeum Ebor. de plegiag 10 mil. marc de Tallagio posito super Iudeos unde idem Aaron fuit unus de 10 plegiis In cujus c. T. R. apud Westm 18 die Iunii per Archiepisc Ebor. It seems 40 rich Iews were pledges to the King for the due payment of this 10 thousand marks Tallage whereof Aaron being one was now discharged by this royal instrument Some Iews in Oxford were this year imprisoned for forcibly taking away a Iewish child converted and baptized who bâ—ing afterwards found they were released by this writ Mandatum est Constab Oxon quod omnes Iudaeos quos cepit et captos tenet in Castro Oxon occasione cujusdam parvi conversi et baptizati qui dicebatur per ipsos Iudaeos raptus esse et qui jam inventus est apud Oxon sine dilatione deliberet Teste Rege apud Westm 4 die Novem. In 22 H. 3. there was a new heavy Tax imposed on the Jews which some Jews in Bristol to avoid thought to flie the Land whereupon they were there imprisoned and at last released upon giving security not to depart the Realm and to pay the Tax as this record attests Mandatum est Constabul Bristol quod si Lumbard et Isaac Iudaei Bristol capti et in prisona Bristol detenti eo quod fugere volebant è terra Regis fecerint eum securum quod moram facient in terra Regis et quod reddent in medio quadragesimae Ann. c. 22. id quod ad eos pertinet de Tallagio Regis tunc eos ita deliberet è prisona T. R. apud Westm 5 die Martii There are several records this year for extending lands for the Debts of Jews take one for a president of the rest Mandatum est Justieiariis ad custod Judaeorum assignatis quod extendi faciant terram Roberti de Ardern quae est vadium Crispini aliorum Judeorum et secundum valorem et quantitatem debiti rationabiles terras eos habere faciant T.R. apud Merleburge 25 die Martii The like extent mutatis mutandis is granted this year against the lands of William Marschal In the Clause rolls of 22 H. 3. in the Dorse of the Fine roll of 23. I find this notable case in Law reciting and expounding the Statute of Merton 20 H. 3. c. 5. concerning Usurie made but two years before it * Rex Vic. Ebor. salutem Ostendit Regi Ric de Watervill quod cum in Curia Regis coram Justiciariis suis apud Westm per considerationem ejusdem Curiae recuperasset versus Rogerum de Colevill custodiam terrae quae fuit Odmelli de Albano in Dalton usque aetatem haeredis ejusdem Odmelli Aaron de Ebor. Judaeus cujus vadium dicta terra dicitur esse postea per Breve Regis recuperavit seisinam ejusdem terrae tanquam vadium suum Quia vero Rex generaliter concessit in regno suo quod haeredibus infra aetatem existentibus non currant usurae super terras suas quae vadia sint Judaeorum nec hujusmodi invadationes auferre debent Dominis feodorum custodiam terrarum quae de eis tenentur per servicium militare Mandatum est Vic. Ebor. quod praedict Nicho. de praedicta terra nomine custod talem seisinam faciat qualem inde habuit antequam praedicto Judeo per praeceptum Regis seisinam inde habere fecit T. R. apud Windsore 17 die Junii If Sir Edw
ita quod eam cap. et in prisona detineri pâ—â—cipimus donâ—c solverit pecuniam praedict Et ideo vobis mandâ—mus quod praedict Coc. Samuel ceterosque omnes Iudeos de Stâ—nford de praedict 13 lib. quietos esse faciatis T. Rege apud Not. 10 die July This year Aaron a Jew of York assigned a Debt of 500 l to the King in part of a debt which he owed the King which the King commanded Hugh Bygod who owed it in right of his wife to pay into the Exchequer And likewise commanded all the Jews to be removed out of Nuberry and Spenhamland by this writ Mandatum est Vic. Berks Quod Judeos qui manent in Villa de Nubury et in villa de Spenhamland remittat sine dilatione usque Winton et ibi maneant sicut prius solent nec de caetero maneant in Villis praedictis T. R. apud Reading 27 die Decemb. A Jew accused for clipping and falsifying monies fled for refuge to the King who thus remanded him Rex W. de Ebor prepos Beverley Hen de Bath salutem Quia intelleximus quod vos mandaveritis Vic. nostro Hereford ad capiend Cok Judeum Hereford tanquam falsarium et retuntorem Denar et idem Judeus venit ad Curiam nostram apud Reading quaerens subterfugium captionis suae Nos ipsum Judaeum fecimus arrestari ad vos mittentes eundem ut vos super eo quod ei imponitur secundum quod videritis expedire faciatis T. R. apud Reading 12 die May. After which follows this record Rex W. de Havershull Thesaur suo et Constab suo London salutem Mandamus vobis quod Judeos assignatos ad custodiam catallorum debitorum quae fuerunt David Judei Oxon distringatis ita quod illi Judei qui manuceperunt finem 5000 marc quem Licoric quae fuit uxor praedict David fecit nobiscum pro habendis catallis et debitis ipsius David ut eum habeamus terminis assignatis de Tallagio Iudeorum nobis solvend et ipsam Licoric a prisona deliberari faciatis Ita tamen quod nullam habeat administrationem de catallis debitis praedictis ante instans festum Nativitatis beat Mariae conâ—c post eundem festum vobis inde mandaverimus Et Sciatis quod remissimus Aaron Judeo Ebor. custodiam praedict catallorum et debitorum pro fine quem propter fecit nobis et quae solvit in Garderoba nostra et loco ejus subrogavimus Bondum Judeum Cant. By which Record it is apparent That no Jews wife or other Jew could administer or meddle with her Husbands or Parents chattels or debts without paying a vast fine for them as here 500 marks and that at such time as the King assigned that the custody of their Goods and debts were in the mean time committed to other Iews to be responsible for them and that their persons were imprisoned and their administrations suspended if they failed in paying the fine at the termes appointed In the 29 of Hen. 3. the King sends writs to his Iustices for the custody of the Iews and to Sheriffs to levy the Debts due to him from the heirs of Hamond the Iew of Hereford and that Crespin a Iew should pay him 28 marks to be laid out in silk and cloth of gold for Westminster Church as his Alms. Mandatum est Baron de Scacc. et Iusticiariis ad custod Iudeorum assignatis quantum poterint apponant ut 4000 marc quae Regi debent Iudei ad hoc festum sancti Michaelis tunc omnibus modis solvantur Thesaur Camerar ad faciend inde quod Rex injunxerit et si forte in solutione earund 4000 marc defecerint ad terminum praedict tunc capiant aliquos de ditioribus Iudeis ut corpora eorum mittant ad R. usque Gannock non omittando illuci pro aliquo custo et Rex illos faciet deliberari Iustic Hyberniae ducendos in Hyberniam et ibidem in prisona detinendos T. Rege apud Gannock in castris x. die Septem By which record it seems the Iews were taxed to pay 4000 marks at Michaelmas to the King and if they failed then some of the richest of them were to be seised on and sent prisoners to the King into his camp and from thence into Ireland and there imprisoned til it was all paid Such was the rigor then used in levying their heavy Taxes Another 4000 marks was then likewise to be paid by them at Christs Nativity the same year and commanded by this writ to be effectually levied by the Justices of the Jews Mandatum est Justic. ad custod Judaeorum assign quod sicut corpora et catalla sua diligunt et ab indempnitate et periculo maximo volunt conservari provideant quod 4000 marc quae Regi debentur de Judaismo reddendas citra festum Nativitatis Dom citra festum illud reddantur quia si in eorum solutione aliquis inveniatur defectus id solummodo negligentiae suae imputaretur T. Rege apud Woodstoke 4. die Dec. Mandatum est Thesaur et Camerar quod de illis 4000 m. deliberent Magistro Militis Templi in Anglia 2000 marc deponend in domo sua ad opus Comitissae Provinciae sicut alias eis mandat est de resid mille marc quantum se extendunt satisfaciant mercatoribus Vinorum et aliis de debitis in quibus Rex eis tenetur T. ut supra Ibidem Dorso 2. There is a command to the Justices of the Jews to respit a suit there pending against one Mansel by two Jews for 40 l. and an horse In this 29 year of Henry the 3. this writ was issued to the Justices of the Iews to proclaim in all Counties that no Iewes wife or childe should fly from nor obscure himself in the places he or they resided for one year then next ensuing and that they should be there readily found by the Kings Officers under pain that their husbands as also their wives and children should be outlawed banished and all their lands rents and chattels forthwith forfeited to the King and presently sold to his use and they banished never to return again into England without his special license Mandatum est Justiciariis ad custodiam Judaeorum assignatis quod statim visis Literis clamati faciant per omnes Comitatus Angliae ubi Judaei Regis sunt quod si aliqua Iudaea uxor alicujus Iudaei vel pueri sui diffugiant vel fugam capiant vel aliquo modo lateant a Villa ubi fuerint manentes ad festum Sancti Andreae Anno regni Regis 29 usque in unum annum proximo sequentem Ita quod ad Summonitionem Regis vel Ballivorum suorum in quorum Ballivis ipsi fuerunt manentes prompti inveniti non possint quod vir ipsius Iudeae et etiam ipsa Iudaea et omnes pueri sui statim utlagentur et omnes terrae redditus
Et ideo vobis mandamus quod si judicetis hoc esse ad commodum nostrum sic fieri faciatis T. R. How strictly this tax was levied appears by this writ to destrain the Lands Revenues wives children and chattels of all the Jews in York and for the arrears of Aaron too notwithstanding his former exemption Mandat est Vic. Ebor quod distringat Aaron de Ebor Iudeum et omnes alios Judeos Ebor. per terras et tenementa catalla uxores et filios et omnibus aliis modis quibus melius poterit ad reddend Regi Tallagium suum de terminis Sancti Martini et St. Hillarii prox preteritis et id sicut seipsum diligit non omittat T. R. apud Notingh 14 die Ian. I find a Precept of the King this year to detein a convert Jew in prison accused of a Rape and other Trespasses such Converts were they then Mandatum est Vic. Linc. quod M. conversum commorantem apud Tornie capiat et in prisona Regis salvo custodiat donec c. per Orfanna de Geterleg apellat de raptu et pace Regis fracta T. R. And this year Edw. de Westm Will. de Bretun Tho Espernuâ— assignati sunt ad Inquisitionem fac de concelamentis Iudaismi tam in London quam alibi Anno 37 H. 3. The Jews advancing 5000 marks to the King beforehand for his passage into Gascoigne he thereupon made this Grant to them to be exempted from taxes till Easter and granted them writs in form of appeal if over-taxed witness this record Rex concâ—ssit omnibus Iudeis Angliae quod pro 4000 marc quas regi praemanibus ad passagium suum in Vascon pacaverint et pro 1000 marc quas Regi Ric. Com. Cornub. ad dictum passagium pro eis solvit quod sint quâ—eti de Tallagio facto ad passagium regis in Vascon pro pred 5000 marc et quod non tallientur citra Pasche et omnes Iudei qui utlagati sunt pro dicto Tall. si placare voluerint quod debeant de dicto Tall. Rex concedâ—t eis quod ad paceÌ„ Regis veniant Rex tamen vult quod nulluÌ„ Breve allocationis valeat alicui Iudeo in isto Tallagio quia R. Com. Cornubiae 1000 marc de dicto Tallagio habere debet Rex etiam vult quod si aliquis Iudeus aggravetur de dicto Tallagio quod gravamen suum alteri imponatur qui melius ferre posâ—it Et super hoc scribitur Thes et Baron de Scac et Iustice ad custod Iud assign T. R. apud Portsm 7. die July per Hen. de Wengham Hereupon some Iews complaining they were over-taxed in their tallages procured this writ for their ease herein Monstravit Regi Manuel Blundus Judeus London quod ipse superoneratus est in uItimo Tallvgio suo et solvit plus ad demidium quam solvisse debuit et quam alii solverint secundum facultates suas Et mandatum est Philippo Luvel et Justiciariis ad custod Jud. assign quod si ita est tunc superonerationem illam in praesentia ipsius Judei assidi faciant super alleviatos Judeos regni nostri in Tallagio predicto et pro eadem superoneratione reddenda districtonem fieri et praedict Man returnari fac sine dilatione Ita quod inde querelam rex non audiat pro defectu Justiciae Consimiles Literae habet Solomon Epis Judeus London The same year Rex concessit Hake fil Ioscey Iudeo quod habeat pacem regis et salvum ire redire licet se substraxerit pro quibusdam plateis argenteis ei impignoratis ut dicitur Ita quod plegios regi inveniat quod stabit recto secundum legem Judaismi Et super hoc scribitur Iustic ad custod Jud. assignatis T. R. apud Harwic 2 die Iuly Also Rex per finem quem Mossi de Hereford Judaeus fecit cum rege pardonavit ei transgressionem quam fecit pro eo quod illicentiatus a rege recessit in fine Scac. regis Sanct. Hillarii pro qua transgressione ipsum capi jusserint Justic ad custod Judeorum assignati Et mandatum est eisdem Iustic quod ipsum propter hoc non occasionari nec capi faciant T.R. apud Harling 7 die April Febr. 15. The King writes to the Iustices of the Iews to allow a Debt to two several Christians and Iews which he had pardoned the Debtors to these Iews in their Taxes they were to pay This year a Iews wife proving a convert Christian her husband was attached for her goods by the King as belonging to him upon her conversion who thereupon paid a fine to have this New case judicially determined in the Jews Eâ—chequer as this record attests Cum Abraham Batekot Iudeus attachiatus esset ad respondend regi de catallis Amiciae Judeae quae fuit uxor sua quae quidem catalla post conversionem suam ad regem pertinebant ut dicitur Idem Iudeus finem fecit cum rege pro dimid marc auri quam regi solvit ut secundum legem et consuetudinem Iudaismi ad Scaccarium Iudaeorum super hoc deducatur Et mâ—ndatum est Iustic ad custod Iud. assignatis quod citra festum S. And ad Scaccarium Iudeorum quod justum fuerit de catallis praedictis fieri facianâ— sicut praedict est T. per R. de Essington King Henry in this 37 year of his reign provided and ordained these memorable Laws and ordinances for the better regulation of the Jews in England restraining their Jewish rites erection of new Synagogues or Schools defection from or disputing against the Christian faith entertaining any Christians as Nurses servants and communion wiâ—h Christians to prevent their leavening of Christians with their Iudaisme distinguishing them from them by wearing a white Table on their breasts in joyning paying of tithes to the Christian Minister where they lived c. Rex providit et statuit c. Quod nullus Judeus maneat in Anglia nisi servicium Regis faciat Et quam cito aliquis Iudeus natus fuerit five sit Masculus sive faemina serviar Nobis in aliquo Et quod nullae Scholae Iudaeorum sint in Anglia nisi in locis illis in quibus hujusmodi scholae fuerunt tempore Domini Iohannis regis patris regis Et quod uniâ—ersi Judei in Synagogis suis celebrent submissa voce secundum ritum eorum Ita quod Christiani hoc non audiant Et quod quilibet Judeus reâ—pondeat Rectori Ecclâ—â—iae in cujus parochia maneat de omnibus parochialibus ad domum ipsius Iudei spectantibus Et quod nulla Nutrix Christiana de cetero lactet aur nutriat puerum alicujus Iudei nec asiquis Christianus vel Christiana serviat alicui Iudeo vel Iudeae nec cum ipsis comedat vel in domo sua commoretur Et quod nullus Iudeus vel Iudea comedat
with some Rebels against the King allowing some displacing other of his Officers and commanding them not to obey the Prince Rex Thesaur et Camerariis suis salutem Quia Edwardus fil n. cui Judaismum nostrum sâ—cut nostis ad tempus commissimus nostro prorsus ac Magnatum et fidelium nostrorum spreto consilio subito et ex inopinato jam recessit ad quosdam rebelles nostros se transferendo qui nos gravare et pacem Regni nostri perturbare proponunt dictum IudaismuÌ„ capimus in manum nostram Et ideo vobis mandamus quod assumpto vobiscum Magistro Thom. de Cantelupo Cancellario nostro si adhuc Londini existat Tallagium nuper assessum super Iudaismum predict per Tho. de Irpergue ad hoc assignat per praedict fil nostr videri et illud ad opus nostrum colligi et salvo custodiri fac donec aliud inde praeciperimus Adam vero de Winton socium Roberti de Crep ab officio suo amoveatis et loco ejus Will. de Hachelbeche substituatis Ita quod idem VVillielmus et Robertus officio Iusticiariae Iudeorum amodo intendant donec aliter inde duxerimus ordinand et eisdem Iustic firmiâ—er injungatis ex parte nostra ne praefato fil nostro vel suis in aliquo intendant et quod ab omnibus Iudeis Angliae hoc idem scire faciant Et hoc non omittatis T. R. apud Hereford 30 die Maii. In the Fine rolls of Ann. 49. The King pardons Râ—â—â— de la Hyde his debts c. whose lands and tenements were not sufficient to satisfie the Debts for which they were obliged to sundry Jews there named Omnia debita usuras poenas et feoda in quibus tenetur Iudeis praedictis in aliquibus debitis usuris poenis vel feodis ab Archis Cyrograph Iudeorum extrahi et praef Rico. liberari et ipsum de predict debitis usuris poenis et feodis quietum esse et sic fieri et irrot faciant T. R. apud Hereford 19. die Iunii Per Regem et Justic The like to this and the former in Fines 48. I find frequent in this Fine roll to above 20 other several persons after the battel of Lewes therein specified In 50 H. 3. Mandatum est Th. Bacun quod rotulos et brevia Iudaismum tangentia quae sunt in custodia sua liberet Iustic ad custod Iudeor assign custodiend quamdiu Rex aliud inde praeceperit This year the King writing to Hagino a Jew of London to deliver monyes of the Merchants of Flanders there arrested and left in his Custody begins thus Rex Hagino fil Mossei Iudeo London statum vitae melioris Cum per literas nostras c. The same year the King granted to Aaron le Blund a Jew liberty to sue for his debts which he formerly pardoned his debtors Non obstante pardonatione nostra de debitis dicti Rogeri praefato Judaeo facto The Jews sustaining much loss by the Barons and Kings enemies I find this recitall thereof by the King who granted them other Jews debts for their relief as this and other presidents manifest Rex Iustic suis ad custod c. Soiatis quod pro dampnis et jacturis quae Haginus fil Mossei Iudeus London pro nobis sustinuit in turbatione habita in regno nostro Nos in auxilium relevationis suae status dedimus ei 50 lib. in quibus Willielmus de Dyve defunctus per cartam suam tenebatur Jacobo fil Ladonis Iudeo London nuper defuncto cujus debita et catalla devenerunt ad manum nostram ratione mortis ejusdem Et ideo vobis mandamus quod praedict 50 lib. secundum consuetud Judaismi nostri leuari et eidem Hagino una cum carta supradicta liberari faciatis de dono nostri T. R. apud Westm 1 die April The like grant of another Jews debt upon the same account was this year made to Elyas sonne of Mosse a Jew to be allowed in his Tallages and other debts to the King Ibid. m. 10. The King pardons Peter de Novel and Andrew de Winton the debts they owed to Jews The Iews in London both before and after the battel of Lewes being spoiled of their houses and goods there during the Civil wars by the Kings Enemies and the Barons then in arms against them he thereupon in the 50 year of his reign enabled them to sue for and recover their goods and houses again except such as himself had sold and disposed of and restored them to the self-same condition they were in before the battle of Lewes by this ensuing writ and grant Rex Hugoni filio Ottonis Custodi Civitatis suae London salutem Cum pro variis dampnis et injurâ—is Iudeis nostris Angliae in turbatione regni nostri ab Inimicis nostris illatis de Consilio Magnatum nostrorum qui sunt de Consilio nostro Concessimus omnibus et singulis Iudeis praedictis quod ipsi quoad bona et possessiones suas recuperanda sint in eodem statu quo fuerunt die conflictus de Lewes ac quidem inimici nostri in turbatione in Regno nostro habita domos Iudaeorum nostrorum London in eadem Civitate tà m ante bellum praedictum quà m post occupaverint Ac etiam quidam deorum praedictorum pro timore turbationis praedictae domos suas in eadem Civitate reliquerunt et ad alias partes se transtulerunt Nos eisdem Judaeis gratiam uberiorem facere volentes concessimus et reddidimus singulis Iudaeis nostris London omnes domos suas praedictas ante bellum praedictum et post bellum illud occasione turbationis praedictae occupatas detentas exceptis Domibus quorundam Judaeorum praedictorum London quas in eadem Civitate quibuscunque prius concessimus Et ideo vobis mandamus quod praefatis Iudaeis de Domibus suis praedictis in quorumcunque manibus existunt plenam seifinam habere facias sicut praedictum est T. R. apud VVestm 14 dii Novembris In the Patent Rolls of this year the King grants the Houses and Debts of several Jews escheated to him by their deaths or othewise to several Jews impoverished dampnis et gravaminibus sibi ad inimicis nostris illatis tempore turbationis habita in regno nostro c. volens eis gratiam facere specialem Besides upon this account I find this general Patent and Proclamation of protection for the Jewes of London Rex Rich. de Ceual and 45 more there named civibus London salutem Quia Iudei nostri London tempore turbationis in regno nostro jacturas quamplurimas et enormia sustinuerunt nos dâ—spendiis et jacturis eorum compatientes ipsos terras res domos reddiâ—us et omnes eorum possessiones in defensionem et protectionem nostram suscepimus specialem Nos ad eorum Majorem tuitionem et securitatem custodiam eâ—
protectionem vos assignantes Et ideo vobis mandamus firmiter injungentes quatenus per totam civitatem praedict London publice proclamari fac ne quis sub periculo vitae et membrorum praedict Iudaeis in personis vel rebus suis dampnum inferat molestiam aut gravamen et vos ipsi Iudeos illos familias suas terras vel redditus domos et omnes possessiones suas et eorum bona infra civitatem praed et extra quantum in vobis est manuteneatis protegatis et defendatis non inferentes c as in the former Et si quid c. talem diligentiam apponentes ut vobis c. donatur per vicecomitem T. R. Consimiles literae habent Iudei Cantebr Ballivis et probis hominibus Cant. directae durant ut supra This year the King granted the custody of the Iews Rolls and a salary for it by this patent Rex omnibus c. Sciatis quod commissimus dilecto Clerico nostro Tho Wabrun rotulos et brevia nostra Iudaismi nostri custodiend quamdiu nobis placuerit ita quod capiat per annum ad Scac. nostr 10 lib. vid. 100 s. ab Scac. nostr St. Michis et 100s ad Scac. nostr Pasche ad se sustentandum in officio praedicto quamdiu fuerit in eodem The same year the King by Patent granted leave to sundry Jews presently to sue for and levy their debts upon their Creditors and distrain them for them and likewise that he will not release pardon nor respite the debts due to them from sundry particular persons expressed in the Patents in form like those already cited elsewhere Yea I find this Writ for electing a new Cyrographer in the place of one that was dead issued this year Rex Constab castri Winton et Ballivis ejusdem villae salutem Quia Petrus Westman Christianus unus Cyrogr. Arch. Iud. Winton diem clausit extremum ut rex accepit Vobis mandamus quod per Sacramentum 12. tam Christianorum quam Iudeorum villae praedict eligi fac loco praedict Pet. unum alium Coffrarium qui praestito sacramento sicut moris est officio illo de caetero intendat et nomen ejus Regi scire fac T. R. apud Cant. 26 die Oct. And this recital of the Kings grant of his Iudaisme to the Prince and a confirmation of his grant to a Jew Rex omnibus c. Sciatis quod cum dudum commiss rimus dilect primog nostro Judaismum nostrum Angliae habendum ad certum terminum cum omnibus ad Judaismum illum pertinentibus item quod idem fil noster omnia inde medio tempore illo perciperet Judeorum tam ratione mortis Iudeorum aliunde quam eodem modo quo nos percipere debuissemus si Iudaismum praedict in manu nostra tenuissemus et dictus fil noster tertiam partem omnium catal et debitorum quae fuerunt Deulecres filius Aaron qui tunc in fata concessit ad ipsum filium nostr ratione mortis eâ—usdem Deulecres sicut moris est in Iudaismo pertinentem occasione nostrae concessionis antedict dederit et concesserit Hagio fil Mosse Iudeo London una cum custodia catal et debitorum pertinent ad pueros haeredes ejusdem Deulacres de catallis et debitis supradictis Nos praedict donationem concessionem ratam habemus acceptam Volentes etiam eidem Hagino gratiam facere specialem concedimus eidem quod de debitis antedictis extentam vel etiam prorogationem seu quietantiam aliquam vel donum non faciemus infra quinquennium a tempore confect presentium In cujus c. T. R. apud Westm 26 die Novemb. In 51 H. 3. I find this grant to divers plundered Jews of Lincoln and other parts to recover their pawns which they could prove though their Charters were lost or not extant on Record Rex diâ—ectis et fidelibus suis custodibus pacis in Com. Linc. North. Ebor. Vic. eorundem Com. et Vic. Norf. Suff. et Rutland et omnibus Ballivis et fidelibus nostris quos c. salutem Volentes Manfro and to sundry other Iews there named Iudeis Linc. et aliis Iudeis nostris ejusdem Civit. pro dampniset gravaminibus eis ab inimicis nostris illatis in insultu habito apud Linc nec non et in turbatione regni nostri gratiam facere ad praesens Concessimus quod Vadia sua nominata in Cyrogr. inter ipsos et debit suos confect de debitis quae sibi rationabiliter monstrari poterint in quorumcunque manibus existent vadia illa in manus suas secundum legem et consretudinem Iudaismi nostri seisientur donec debita illa levantur et persolventur eisdem sicut praedict est nisi debitores illi rationabiliter monstrare poterint quod de debitis illis debent esse quieti In cujus c. T. R. apud Windsore The like Patent he made to Aaron the son of Lion le Blund a Jew of London this year upon the same grounds being plundered by the King enemies in London and elsewhere In 52 H. 3. the King confirmed the grant of Sam. a Jew of York to Hagino a Jew of London of certain houses in York and grants to him further pro nobis et haeredibus nostris sibi et haeredibus suis quod supra domos praedict nulla fiat districtio pro aliquibus debitis in quibus Aaron the father of Samuel nobis tenebatur die quo in fata concessit T. R. 30 die Aug. He likewise ratified the grant of a Jew of Wilton of a debt due to him to Tho. de Irpeign with the grants of several houses in Winton by sundry Christians and Jews to Benedict a Jew of Winton Pardons a fee to a Jew and grants some Jews that had suffered for him leave to levy their debts on their debtors lands There is likewise mention of what moneys were delivered into the Kings VVardrobe this year out of the profits of his Judaisme and an acquittance thereof to his Iustices This year the King granted to Hagino fil Mossei and some other Jews that they should be exempted quieti de omnibus auxiliis et Tallagiis super ipsis assidendis et de quibuscunque debitis in quibus nobis tenentur from the feast of St. Andrew usque in terminum proximo sequent T. R. apud Clarendon 27 die Novemb. In the Clause Rolls this year I find fines made by the Jews to the King to enjoy the goods and debts of other Iews Prohibitions to the Iustices iâ—inerant not to suffer any Iews to be vexed or prosecuted before them cum sicut nostis Iudei Angliae coram aliquibus Iustic nostr de aliquibus Judaismum nostr tangentibus non debeanâ— placitare vel respondere nisi coram Iustic nostris ad custod Iud. assignatis A grant to some Iews not to pardon acquit prorogue or extend their
communitas Iudeorum vel Cyrograph Archa super gravem forisfacturam nostram de cetero presumat habitare Et hoc sicut te et tua diligis non omittas T. R. apud Winds 23 die Aprilis One of the principal things of Note concerning the Iews this year is the Ordinance concerning the Iews made by the King by the advice and counsel of Prince Edward his Sonne and other honest men for the relief of the christians touching the grievances they sustained in their Debts and Fees morgaged to the Jews and against the Iews assigning of their debts to others without the Kings special License first obtained Which I find enrolled in French in a very fair hand in the Dorse of the Clause and Patent Rolls of 53 H. 3. and in the Red Bocke of the Exchequer in the Remembrancers Office fol. 242. with this Title there prefixed to it Provisiones de Iudaismo liberatae ad Scaccarium per Dominum Walterum de Merton A la feste de Seint Hillayre del an du regne le Roy Henry fiz le Roy Iohan. cinquante tierz purvieu est per memes le Roy et per le conseil Sire Edward son fiz eyne et de ses autres prodes hommes a lamendement de la Tere Et Reliever les Crestiens des Grevances que il ont eu par la Iuerye de Angletere Re totes les Dettes a Gyvues qe sont foez et qe aparmenes sunt as meines de Gyvus et ne sont done a Crestien ne vendu issint qe a vaunt ceo Jur. seent confirme par le Roy vel arroule al Eschekker soent quites a Crestiens qe les deyvent et a lour Eyres a tuz Jurs. Ensement les arrerages et les chartres par la ou eles serrunt trouees des avant dites detres de foez seent renduz a Crestiens de ke les dettes sont dues ou a lour eyres Et si par aventure acune Chatre fust mise en huche ou troue des ore mes nul lu ne tyene Et qe nul Gyvu de ceo jur en avant tel manere de dette de foe ne ne preigne ne ne face Et ensement qe nul Gyvu ceo Feo a Crestien ne venda de cest jur en avant sur forfeiture de vie et de chatel ne Crestien ne lachate sur forfeiture de son chatel et de son heritage Et ensement est purveu par lavant dit Roy et par le conseil Sire Edward et des avant dit prodes homes qe nul Gyvu des ore mes ne puse vendre sa dette a Crestien si il ne eyt primes le conge le Roy. Et si Crestien la chate par le conge le Roy rien ne pusse plus aver ke le Roy ne averoit si la dette eust en sa mein ceo est a saver le chatel qe est troue en chartre saunz Usure This Ordinance within few months after Anno 54 H. 3. was commanded to be put in execution by this writ to the Barons of the Exchequer which thus recites it Rex Baron de Scac. salutem Quia provisum est per Nos et Edwardum Primogenitum nostrum et alios fideles de consilio nostro ad meliorationem status terrae nostrae et ad relevationem Christianorum a gravaminibus quae hactenus habuerunt per Judeos et Judaismum nostrum Angliae Quod omnia debita Judeorum quae sunt feoda et quae die Sancti Hillarii An. r. n. 53. fuerunt in manibus Judeorum et quae non fuerunt data et vendita Christianis ita quod ante diem illum essent confirmata per nos vel irrotulata in Rotulis nostris ad Scac. nostrum Judeorum quieta sint Christianis qui ea debent et eorum heredibus imperpetuum una cum arreragiis eorundem debitorum et quod Chartae de hujusmodi feodis ubicunque erunt inventae sint liberatae Christianis qui talia feoda debent vel eorum heredibus et quod si forte aliqua hujusmodi Carta sit inventa in Archa Cyrogr. vel extra amodo nullius sit valoris Et quod nullus Judeus a predicto die inantea talia debita de feodo recipiat vel faciat Et similiter quod nullus Judeus talia feoda Christianis vendat a predicto tempore super forisfacturam vitae suae et catallorum ipsius nec Christianus ea emat super forisfacturam catallorum ipsius et suae haereditatis Vobis mandamus quod omnia Cyrographa super hujusmodi feodis per quoscunque confecta coram vobis ad Scac. nostrum venire faciatis et ea quae ante praedict diem Sancti Hillarii non fuerunt per nos confirmata nec in rotulis nostris ad Scac. nostrum Judeorum irrotulata prout superius est expressum cancellari faciatis et creditoribus vel eorum haeredibus quieta reddatis T.R. apud Westm 14 die Maii. The later part of this Ordinance here omitted against selling debts without license is frequently recited in special Licenses granted by the King to Jews to sell their debts the very next year after its making and proved very gainfull to the King and his Officers Rex omnibus c. salutem Cum nuper de consilio Edwardi primogeniti nostri et aliorum fidelium regni nostri in praesentia nostra provisum esset quod nullus Judeus debitum aliquod quod sibi a Cristiano debetur alicui vendere possit nisi prius a nobis optenta super hoc licentia speciali et si Christianus aliquis debitum hujusmodi de licentia nostra emat nihil plus inde habeat quam nos haberemus si debitum illud esset in manu nostra viz. Catallum quod inventum est in Carta inde confecta SINE USURA Nos Jacobo fil Mosse Iudeo Oxon dedimus licentiam vendendi Galf. de Lukenore debitum illud in quo Laur. de Cheleston eidem Iudeo tenetur per cartam suam Et etiam idem Galfredo dedimus licentiam emendi idem debitum à praefat Judaeo in forma provisionis supradictae In cujus c. T. R. apud Westm 7. die Maii. Claus 54 H. 3. m. 10. in scâ—ed there is a writ to discharge some debts of the King out of the estate of a deceased Iew directed to the Iustices assigned for their custody In the Patent Rolls of this year I find this recital of the Kings grant of Aaron a Jew to his Sonne Edmond and of Edmonds grant and infranchisement of Aaron and the Kings confirmation thereof Omnibus c. salutem Inspeximus Cartam quam Edmundus fil noster fecit Aaron fil Vynes in haec verba Omnibus praesentem cartam visuris vel audituris Edmundus illustris Regis Angliae filius salutem Cum Dom. Rex pater noster dederit et concesserit Nobis Aaron fil Vynes Iudeum cum omnibus
praedictam concessimus quod omnia negotia ipsum Aaron contingentia et quae examen judiciale requirunt coram nobis et eodem fratre nostro audiantur et prout justum fuerit terminentur Vobis mandamus quod de bonis et catallis ipsius Aaron aut aliquibus ipsum tangentibus vos in nullo intromittatis contra donationem concessionem et confirmationem supradictas nisi ex voluntate fratris nostri praedicti T. Edmund apud Westm. 24 die Maii. Eodem modo mandatum est Iohanni de Breton custodi civitatis London T. ut supra In the 18 year of King Edward the 1. I find this grant of his on the 12 day of Iune of all his Deodands to the House of the Converts for the better maintenance and support of the Converts Chapel and edifices thereof during his pleasure only Rex Iustieiariis omnibus aliis Ballivis et fideliâ—â— suis c. salutem Cum nos dudum concessimus Conversis Domus nostrae London ad sustentationem ipsorum Deodanda quae nobis accidere coram quibuscunque Iusticiariis nostris adjudicari contingent ad certum terminum jam transactum Nos concessionem illam intuitu Dei pradictis conversis convertendis coutinuare volentes concessimus eisdem conversis et convertendâ—s ad sustentationem ipsorum et fabricam Capellae suae et aedisiciorum suorum perficiendam omnia Deodanda quae Nobis ubicunque in Regno nostro Angliae accidere et coram quibuscunque Iusticiariâ—s seu Ministris nostris adjudicari contingent Habenda percipienda quamdin Nobis piacuerit T. Rege apud Westm 12 die Iunii On the 17 day of the same month and year I find this special grant made by the King to Auntlera a Jewesse to sell the inheritance of a Garden in London to any Jew and his heirs and for them to purchase it of her without being questioned or molested for it by any of his Officers which without such license she could not sell nor he purchase of her without seisure or forfeiture Rex omnibus c. Sciatis quod de gratia nostra speciali Licentiam dedimus Auntlerae quae fuit uxor Vynes fil Magistri Mossei Judaei London quod quoddam Gardinum suum quod habet in Civitate nostra London in parochia sancti Laurentii in Cattestreet vendere possit cuicunque Judaeo Gardinum illud emere volenti habendum et tenendum eidem Judaeo haeredibus suis in perpetuum eidem Judaeo quod praedictum Gardinum ab eadem Auntlera recipere possit tenore praesentium similiter licentiam concedimus specialem Nolentes quod eadem Auntlera vel haeredes sui an t praedictus Iudaeus aut haeredes sui ratione venditionis seu receptionis Gardini praedicti per nos vel haeredes nostros Justiciarios Ballivos aut alios Ministros nostros occasionentur gravantur in aliquo seu molestantur In cuâ—us c T. R apud West 17 die Junii The â—ike Patent â—â—nd to Aaron the Kings Brothers Jew forementioned to sell his house and rents in fee to any Christian who â—hould purchase them by his Lords license even after the Edict past and Letters of safe conduct granted for the Jews banishment and departure hence as appears by comparing their dates Rex omnibus c. salutem Sciatis quod concessimus licentiam dedimus Aaron fil Vynes Judaeo Edmundi fâ—atris nostri carissimi quod ipse domos et redditus suos tam infra Civitatem nostram London quam infra Regnum nostrum de licentia voluntate praedicti fratris nostri Domini sâ—i vendere possit upon his banishment hence quibuscunque Christiaenis voluerit absque impedimento nostri vel aliorum nostroâ—um quorumcunque eisdem Christianis quod domos illas redditus ab eodem Iudeo emere valeant similiter licentiam concedimus specialem iure cujuslibet in omnibus sâ—mper salvo In cujus c T. R. apud Langeleye 28 die Julii After the date is the Letters for the Jews safe conduct out of Enlgand to the Sheriffs It is very observable that these three last Patents were made but a very little before and the last of them clearly after the Jews universal banishment voted resolved both by the King and Parliament For when as the King his Justices and Parliament by all their Inquisitions Commissions Care Providence and Execution of so many Jews in all parts could no ways suppresse their â—lipping and falsifying of the Money of the Realme nor yet reforme the manifold other wickednesses and misdemeanors of the English Jewes nor all the industry and pains of the Friers Preachers nor all that liberal provisions and grants of the King forecitâ—d to the House of Converts for their comfortable â—â—pâ—ort maintenance and confirmation in the Christian faith so far operate upon their obstinate obdurate hearts as to convert any considerable number or any persons of note amongst them to the Christian faith from which many Converts apostatized nor yet suppresse their continual blasphemies against our crucified Saviour the Christian faith Sacraments of the Church and blessed Virgin Thereupon the King at the earnest frequent solicitation of the Commons assembled this year in Parliament after the Feast of St. Hilary enacte published an Edict or Decree in Parliament for the total universal and final banishment of all these wicked blasphemous unbeleeving Jews out of England then generally execrable detestable to all the people who were so desirous to be for ever quit of their company that they granted the King the 15 part of all their goods and moveables for their banishment and expulsion out of England as I have formerly proved at large by a full grand Jury of Historians and several Records in my former Demurrer against Sir Edward Cooks grosse assertion that they only voluntarily banished themselves because their usury was this year suppresâ—ed by the Stat. de Iudaismo which I have proved was made full 15 years before to be no cause at all of their exile now In pursuance of this Parliamentary Edict Decree now no where extant on Record all the Parliament Rolls before 5 Ed. 2. being whoâ—ly lost and many since by the carelessenesse or iniquity of the times except only an old Parchment Book of some Pleas in Parliam in E. 1. one Statute Roll of K. Ed. the 1. Ed. 2. and Ed. 3. wherein the Statute De Iudaismo with many other printed Acts are not to be found no more than this Edict for the Jews banishment though mentioned in many Histories and Records the King in this very monâ—th of Iuly sent several Writs Letters and Patents to the Sheriffs of Counties Mayors of Towns Bayliffs and Barons of the Cinqueports and likwise to Mariners reciting that he had prescrib'd a certain time term day to all and every of the Iews within the Realm for their departure out of it into forraign parts commanding them not to doe nor suffer any
the like 7. That notwithstanding all the Injuries Oppressions Indignities cruelties they here sustained both from our Kings their Officers the generality of the people by Gods just curse and vengeance on them fot their sins yea notwithstanding all means used by our Kings Magistates Bishops preaching Friers and others both for their reformation and conversion to the Christian Faith yet the generality of them continued persevered still in their willfull obstinacy infidelity blindnesse enmity malice blasphemies despite against our crucified Saviour and Christianity which they manifested upon all occasions in publike and private by circumcising and crucifying chistian children breaking the Crucifix in Oxford and trampling it under foot in the midst of the Universities soleme Procession and otherwise expressed at large in the forementioned records as likewise in their extorsions clipping and falsifying moneys Charters usuries frauds rapes murders forgeries very few of them turning Christian converts and that either to save their lives or prevent some imminent dangers to their persons families estates and those of the poorer sort for the most part to get a present livelyhood from the Christians who frequently turned Apostates or flagitious malefactors to the scandal of religion 8. That the Jews here had their Synagogues Schools Priests Presbyter and Comptroller of their Exchequer Escheator Cofferers Cyrographers Attornies Bayliffs with their proper Judges and Court of Exchequer wherein only they were to be sued proceeded against and by whom they were Iudged their Prisons Attachers Tax-Masters Record-Keepers ordered in all things according as the King by his Writs and Letters directed All which Offices were appointed by the Kings special Patents Writs whose Names Powers Jurisdictions Salaries together with their legal trials and proceedings of all sorts civil criminal the forms of their Starrs Charters Extents of Lands assignments of Debts Releases Reliefs Fines with the names of the chiefest Jews are registred and most clearly fully related in the forecited Records and in no other prinâ—ed History or Law-book whatsoever 9. That the Jews were exempt from all other Temporal and Ecclesiastical Courts and Jurisdictions but the Justices specially appointed for their custody and the Kings Exchequer for the Jews yea from all publike Taxes imposed on the English and could not be excommunicated by the Masters of their Law without the Kings special license 10. That the Iews usury was no ways counâ—enanced 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 â—undry 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 Christeâ—â—om 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 withâ—ut any special Edict for their exile thence What other particulars of lesâ—er 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 Whimâ—es 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 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
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 seaâ— if alleged to be false forged sophiâ—â—ticated 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 Recogniâ—anâ—â—s 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 Inheritor 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 Government 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 Pedegrees 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 a taxies 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 malitious potent vexations Adversaries will be utterly abolished by Salt Peters new Firework to burn all our old Records to ashes 4ly Whereas this Ignoramus in ouâ— 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 serious 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 States All particulars concerning Merchants Merchandise Trade Coyn Buâ—lion 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 Reeords 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 Conduct money 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-Medles 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 boâ—h in England Wales Ireland Scotland Gascoyne Normandy Poyters the Isles of Man Gernsy Iersy Alderny 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 Waâ— 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 Guiâ—ds Nobility Gentry Freâ—holders of England Ireland Wales Scotland and all Dominion 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 â—ome 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 neâ—er exactly knew nor understood In brief the exact knowledge of our Records wiâ—â— furnish industrious Lawyers with such rare usefull materials of all sorts for the publike service of their Natiâ—e country upon all emergent occasions the benefit information of their clyents the honour of their profession and their own reputation advancement profit as will enable them to outshine all others of their robe unversed in the Records as far as the Sun and Moon outshine the lesser stars which lose all their borrowed splendor when â—hey once apâ—ear in place Witnesse Mr. Noy Mr. Seldon Mr. Littleton and some other Lawyers of late times whose real and Sir Edward Cooke whose borrowed superficial insight in Records advanced not only their Names Fames Arguments Books but practise and imployments likewise whiles they practisâ—d above all others of their Profession and hath immortalized their memories to posterity A sufficient Argument to engage all generous Students and Practisers of the Law to spend some years or long Vacations at least in the Study of our almost forgotten Records which though it may hinder their present gains and practise for a time will abundantly increase them afterwards the longest Studies in this kind like Merchants longest voyages being recompenced with the richest returns 2. All persons of quality desirous thoroughly to enable themselves to serve their Soveraign or Country in any publick great State-Offices Imployments at home or in foreigne parts may out of our Records furnish themselves with all former publike Negotiations Embassies Treaties Truces Leagues Contracts Agreements Transactions Letters Missives Commissions Instructions Claims Controversies Debates between the Kings Parliaments Nobles Clergy Merchants Kingdom People of England Ireland Scotland Wales and Dominions thereunto annexed or any of them and any other forraigne Kings Kingdoms Princes States Cities Embassadors Agents Legates Merchants relating to Peace Warre Amity Trade Marriages Alliances Government mutual aid Jurisdictions Soveraigntie Regulation of Injuries Abuses Depredations c. and likewise between themselves All Passages Writs Commissions Debates resolves relating to the Parliaments Judicatories Laws Justice Trade Merchandise Manâ—factures Navy Shipping Ports defence Militia by Land or Sea Coins Weights Measures of England Ireland and other our Dominions formerly specified with all other particulars fit for an accomplished Statesman no where extant but in our Record wherein they are faithfully registred for the information and benefit of posterity 3. All Heroick English Spirits desiring exact knowledg in the History and Chronology of England may find in our old Records all the choicest materials relating there unâ—o faithfully recorded with all the particular dates circumstances of time and place All Grounds Occasions Commissions Summons of Arrayes Armies Navies Fleets Ships Fortifications of Townes Castles Conâ—ultations Articles Instructions transactions relating to our Civil Foraign wars by Land or Sea with the Names of the Generals Officers Marshals Admirals and persons of greatest eminency in them All Truces Leagues Embassies Contracts Agreements Letters passages of State Parliamentary affairs Coronations Charters Patents of our Kings and what ever may compleat adorn our English History exactly registred which if faithfully transcribed and digested into order would make a farre more usefull compleat excellent English History and Chronicle then any yet published or compiled And if all the Charters Patents Commissions Records Writs Mandates priviledges Leâ—ters granted sent written by our Kings Parliaments Counsel and Officers of State relating to England Wales Ireland Scotland Jersey Gernsey Man and our other Isles and Dominions and to the particular Counties Hundreds Cities Corporations Ports Officers Bishopricks Monasteries Colleges Hospitals Free Schooles Parishes Churches Noblemen Gentlemen and particular Mannors places in them were judiciously collected digested after the moddel of Mr. Cambdens Britannia I dare affirm they would as far excel it in use and benefit as it transcends all former publications of our British world and Monarchy 4. Such Gentlemen as are addicted to Heraldry may find a Rich Magazine of all choice materials belonging to the Office and Study of an English Herald relating either to the Regal Noble Gentile families Great Officers Pedegrees Marriages Successions Coats Titles of Honor Chivalry c. of England Scotland Ireland Wales and other parts of our English Dominions The Coronations and Solemnities of our Kings the creations of our Nobles Knights Officers of all sorts with their Formalities Robes c. Most of our English Heraulds having been either Keepers of our Records or Clerks under them out of which they extracted most of their knowledge 5. All Divines studious of eminency in the Church History of England may read in our Records many excellent Letters Embassies passages Debates between our English Kings Parliaments Prelates Clergy Councils Synods and the Popes Cardinals Legates Court of Rome and forraign Councils
(i) Chron. Johannis Bromton col 829.901.908 Lambardi Archaion Spelman Concil p. 376.513.515 521 522 549 550 599. Mr. Jo. Selden ad Eadmerum Notae p. 189. makes this one of the Conq. Laws too Statuimus imprimis super omnia Unum Deum per totuÌ„ Regnum nostruÌ„ venerari unam fidem Christi semper inviolatam custodiri c. TakeÌ„ out of these Kings Laws (k) Spelman Concil p. 553.566 (l) Article 37. * John 4.3 2 John 7. (m) See Petrus Alphonsus adversus Judaeos Antonini Chro. pars 2. Tit. 16. c. 12. Agobardus de Insolentia Judaeorum Judaicis superstitionibus Cent. Magdeburg 2 3 4 5 6 7 8 9 10 11 12 13. c. 14 15. where this is largely proved Judaisme refuted (n) See Brooke and Ash Corporation and Prerogative (o) See Rastal Staple * See my Soveraign power of Parliaments part 2. p. 76 77 78. * Cooks Reports l. 10. f. 55. [p] See Cent. Mag. 3. to 13. c. 14. Alberti Argentinensis Chron. de Gestâ—s Bertoldi p. 148.149.178 [q] See Rastals Abridgement title Artificers Aliens Money Treason Drapery c. [r] See Rastals Abridgment Tit. Merchantâ— and Merchandise * See Cent. Magd. 3. to 13. c. 14 15. * Acts 4.17 18 c. 5.28 29.40 c. 13.45 Let those who now imiâ—aâ—e them in ejecting silencing Ministers from preaching consider repent of this Jewish crime * l. 2. c. 21. p. â—13 (s) Exod. 23.31 32 33. c. 34.1 to 17. Deut. 7.2 to 9. Jos 23.3 to 15. Judg. 2 3 4. (t) Deut. 9.6 7 13. c. 31.17 Exod. 32.9 c. 33.3.5 Psal 78.8 9. Jer. 3.6 to 22. c. 5.23 c. 8.5 c. 2.11 c. 23.14 Isay 3.9 c. 24.5 Ezech. 2.3 to 9. c. 3.26 27. c. 12.2 to 26. c. 17.12 c. 16 46 56 57 c. 24.3 c. 44.4 Hos 4.16 c. 5.2 c. 6 7. c. 11.7 Mat. 3.7 c. 11.23 24. c. 23.33 Acts 7.51 52. and other texts Levit. 26. Deut. 28. Isay c. 1. 9. 14. 29. 32. Jer. c. 1. to 30. Lam. c. 1. to 5. Ezech. c. 2. to 25. Hos c. 1. to 11. Joel c. 1. and 2. Amos c. 2. to 5. Mal. c. 1. 2. Zeph. 1. Zach. 11.2 Kings 17.2 Chron. 36. Mat. 24. Lev. 22. Egesippus Eusebius and others (x) Exod. 15.24 c. 16.2 c. Num. c. 14. c 16. c. 20. c. 21. 2 Sam. 1.15 to 21. 2 Kings c. 12 c. 15. c. 16. 2 Kings c. 9. c. 10. c. 12.20 c. 14.17 c. 17.21.23 c. 23. c. 20. c. 27. 2. Chron. c. 23. c. 36. Ezech. 17.13 to 24. (y) Mat. 21.33 to 36. c. 26. 27. 28. Mar. 14 15. Lu. 22. 23. John 5.16.18 c. 7.1 c. 9.22 c. 10.31 c. c. 11.8.55 c. 18 19. c. 20.19 Act. 2.23.36 c. 3.13 14 15. (z) 1 Thes 2.14 15. (a) Act. 4.1 to 23. c. 5 5.17 to 42. c. 6.9 to 15. c. 7. c. 8. v. 9. c. 12.3 c. 13.42 to the end c. 14.2.4 5.19 c. 17.6 to 17. c. 18.12 c. c. 21. to c. 27. c. 28.17 18 19. 2 Cor. 11.24 1 Thess 2.14 15 16. (b) Gen. 15.7.8 c. 26.5 Nu. 26.54.55 c. 27 7.8 c. 32.18.19 c. 33.55 Josh c. 14. to 20. Ps 78.55 Ps 105.11.1 Kings 8.36 Ezech. 48.29 (c) See Acts 17.28 Exod. 36 43. Num. 20 14. to 22. c. 21.21 22 23. Deut 2.26 to 32. Judg. 11.12 to 29. Deut 2.9 2 Chron. 20.10 Gen. 34.20 Num. 26.54 Deut. 26.9 Ezech. 36.5 Exod. 20.17 Gal. 4.30.31 (d) Athanasius de passione Imaginis Christi Cent Magd. 4. c. 13. col 1445. Cent. 6. col 825. Cent 8. col 122. Cent. 10. col 633. cent 11. c. 657. Fasciculus Temporum f. 56. Sigeberti Chro. Hermannus Schedâ—l Chron. f. 168. Nauclerus â—â—l 1. Gener. 50. Câ—anzius Vandalia l. 4. Abraham Ezouius Annal. Eccles An. 1291. n. 16. Anno 1298. n. 1. An. 1299. n. 22. An. 1399. n. 13. An. 1406. n. 20. An. 1407. n. 20. An. 1491. n. 7. An. 1505. n. 4. Naucl. vol. 1. Chronogr gener 44. Cent. Magd 13. c. 15. col 1287.1288 (e) Chron. Magn. Germaniae An. 1036. p. 268 269. Hermanus Schedâ—l Câ—â—â—n f. 278 289. Genebr chronogr p 824 825. Jansenius l. 4. Mer. Gallobelgici (f) Johannis Bromton chron col 1025 (g) Socrates Scholast l. 7. c. 16. Cent Magd. 5. c. 14. (h) Sigeberti continuator Cent. Magd. 12. c. 14. Cent. 13. c. 14. [i] Antonini Chron. pars 2. Tit. 17. sect 26. Vincentius Spec. Hist l. 29. c. 25. Gaguinus l. 6. de Francis Cent. Magd. 12. c. 14. col 170. [k] Vincentius Spec. Hist l. 29. c. 25. cent Magd. 13. c. 14. Munsters Cosm l. 2. p. 170. (l) Fragmentum Historicum Chronicon Hirsaug Muntzerus Centur. Magd. 13. c. 14. Bzouius An. 1296. n. 16. * Bzouius Ecl. Annal. Anno 1252. n. 16. (m) Cranzius l. 7. c. 14. in Vandalia Cent. Magdeb 13. c. 14. (n) Chron. Hirsaug Cent. Magd. 13 c. 14. Fasciculus Temporum Aventinus Analium Boiorum l. 7. p. 576. (o) Sebast Munsteri Cosm l. 3. p. 482. [p] Hermannus Schedel Chron. f. 285.286 Ant. Coccius Sabellicus Enead 10. l. 6. p. 742. Bzouius Au. 1479 n. 13. Munster Cosm l. 2. c. 71. p. 300 * Chron. Hermanni Sched f. 286. Aetas 6. [q] Chron. Herm. Sched sexta Aetas f. 186. Sebast Munster Cosmogr l. 2. c. 57. p. 171. †Purchas Pilgrimage l. 2. c. 10. Sect. 7. * Humble Addresses p. 24 25. * Justiniani Codicis lib. 1. Tit. 12. Lex 2. Cent. Mag. 4. c. 15. col 1471. Vincentius Beluacensis Speculum Hist l. 21. c. 78. (o) Aventinus Annal. Boyorum l. 5. p. 468. Hedio in Chron. Annot. Cent. Magd. 11. c. 15. coâ— 68â— (o) Otto de Gestis Fred. 1. Imp. l. 1. c. 37.38 p. 428. Cent. Magd. 12. c. 14. Genebrardi Chronogr l. 4. p. 618. (q) Aventinus Annal. Boiorum l. 7. p. 589. See Munsteri Cosmogr l. 3. p. 547 707. Cent. Magd. 13. c. 15. c. 1287. (r) M. Alberti Argentini Chro. de rebus gestis Bertoldi p. 147 148.149.177 178. Heâ—manus Schedel Aetas 6. f. 258. See Abbas Ufpergensis Paraleip p. 346. Seb. Munsteri Cosmogr l. 3. c. 139. p. 563.707 Fasciculus Temporum * Munsteri 〈◊〉 Cosm l. 3. c. 306 p. 707. (r) Surius Concil Tom. 2. p. 735. Gratian. Dist 28. qu. 5. 29. qu. 8. * Surius Concil Tom. 4. p. 58.57 (Å¿) Fredericus Lindebrogus Codex Legum Antiq. (t) Centur. Magdeb. 12. c. 7. col 1079. * Hospiniani Historia Jesuitica l. 1. c. 2. (t) Orosius l. 2. c. 6. Cent. Magd. 2 col 26 Euseb l. 2. c. 8. Opmeri Chron. p. 185. Metamerus de Academiis Hisp [u] Socâ—ates Schol. Eccl. Hist l. 7. c. 13. Agobardus de Judaicis superstit Bibl. Patrum Tom. 9 pars 1. p. 564. Cent. Magd. 4. col 1081.1490 [x] Paulus Diaconus l. 17. Zonaras Tom. 3. Cent. Magd. 7. c. 15. col 588. * Surius concil Tom. 2. p. 742. [y] Rodericus Toletanus de Rebus Hisp. l. 2. c. 17.