A Short Demurrer to the Jews Part 2, Text (5 of 5)
The Jews (moſt likely to avoid the rage and plunders of the Engliſh Chriſtians) having left the wearing of their Tables on their upper garments, formerly preſcribed by ſundry forecited Writs and Ordinances, and the Statute de Iudaiſmo, to diſtinguiſh them from Chriſtians, were now by this new Proclamation from the King ſent to the Juſtices, ſtrictly enjoyned to wear them, as well women as men, and likewiſe prohibited to ſell any fleſh to Chriſtians by any means, or to retain any Chriſtian man or woman in their houſes or elſewhere in their ſervice under great penalties.
*Clauſ. 10. E. 1. m. 8. Quod Iude…a portant Tabulas ſicut & JudaeiRex Juſticiariis ſuis ad cuſtodiam Judaeorum aſſignatis, ſalutem. Cum nuper preciperimus & publice proclamari fecerimus; Quod omnes Judaei regni noſtri, Tabulas deferant in indumentis ſuis exterioribus, ut a cultoribus Catholicae fidei evidentius decernentur. Volentes hoc idem de Judeabus ejuſdem regni generaliter & firmiter obſervari; Vobis mandamus, quod tam in Civitate noſtra Londen, quam in aliis Civitatibus, Burgis, & villis alibi infra Regnum praedictum ubi Judaei converſantur, publice proclamari faciatis ſub gravi forisfactura noſtra; Ut omnes & ſingulae Judeae ejuſdem Tabulas hujuſmodi publice deferant in forma quae proviſa eſt de Judeis praedictis. Facias inſuper inhiberi & publice proclamari per totum regnum praedictum, Ne aliquis Judaeus quaſcunque carnes quoquo modo preſumat vendere Chriſtianis, N…c Chriſtianum ſecum in hoſpitio ſuo, ſeu alibi in ſervicio ſuo audeat decaetero retinere. Teſte Rege apud Weſtm. 1 die Decembris.
In the 11 year of King Edward the 1, Upon complaint of the Jews clipping and falſifying his coyn, and other Merchants trading with them therein, the King iſſued forth this following Commiſſion to inquire thereof, the hanging and puniſhing of ſo many of them but three or four years before for the like offences, not reclaiming the Survivers of them from this their uſual Jewiſh practiſe.
tPat. 11 E. 1. m. 22. De his arretandis qui cum Judaeis mercantur de falſis platis.Rex dilecto & fideli ſuo Hamoni Hauteyn, et aliis, ſalutem. Quia ex relatu fide dignorum noſtrorum intelleximus, quod quidam Judaei noſtri mercantur cum quibuſdam Mercatoribus extraneis & aliis in Platis de Retonſura Monetae noſtrae fundatis, & etiam falſis platis de Stagno exterius deargentatis. Vobis mandamus, quod diligenter ſuper hoc faciatis inquiſitionem quotieſcun que videritis expedire: Et ſi vobis conſtare poterit ita eſſe, tunc Mercatores illos, & alios quoſcunque hujuſmodi pla…as mercantes, vel a Judaeis noſtris emendas petentes, arreſtari, & ſalvo cuſtodiri faciatis, donec ſuper hoc aliud duxererimus ordinandum. Et Judaeos illos a quibus hujuſmodi platas petierint emendas dummodo hujuſmodi venditioni ſeu emptioni non fuerint conſentientes, per talem munucaptionem qualem videritis optimam ponatis: in cujus, &c. Teſte Rege apud Rothele 6 …ie Febr.
In the 12 year of King Edward the 1. I find theſe 4. ſeveral Writs and Records conceruing the Jews in one Schedule. The firſt, prohibiting them to live or reſide in any City, Burrough or Town where they had no common Cheſt, and commanding their Juſtices to remove them thence. The ſecond, commanding the Collector of the condemned Jews goods and eſtates and his Clerks, to give an Account thereof, and of the ſumme they amounted unto. The 3d, commanding the Sheriffs in all Counties where they reſided, with two diſcreet and legal Knights of the County, to ſeal up and ſecure all their Cheſts and Charters in them, till farther order. The 4th commanding the Juſtices aſſigned for the Cuſtody of the Jews, to certifie the Treaſurer and Barons of the Exchequer the ſtate of all the Jews Debts, and to diſtinguiſh which were clear debts, and which not, that ſo they might be there recovered for the Kings uſe. I ſhall recite them in order as they are recorded, the Writs bearing date the (11th) year before.
*Clauſ. 12. E. 1. m. 8. in Schedula appenſa. De quibuſdam Brevibus tangentibus Judaiſmum.Edwardus, Dei Gratia Rex Angliae, Dominus Hiberniae, Dux Aquitaniae, Juſticiariis ſuis ad cuſtodiam Judaeorum aſſignatis, ſalutem. Quia ſecundum conſuetudinem Judaiſmi noſtri, Iudaei noſtri in aliis Civitatibus, Burgis aut Villis habitare aut morari non debent, quam in illis quibus Archa Chirographar: Iudaeorum existat, et diverſi Iudaei diverſas villas in Regno noſtro ſunt ingreſſi & eas inhabitant, in quibus hujuſmodi Archa non exiſtat, per quod eoſdem Iudaeos ab hujuſmodi villis volumus amoveri. Vobis mandamus firmiter injungentes, quod univerſos & ſingulos Iudaeos in Civitatibus, Burgis et Villis, in quibus dicta Archa non exiſtit habitantes ſeu morantes, abſque damno eis de corporibus, ſeu de rebus ſuis faciendo, ſine dilatione faciatis amoveri ab eiſdem: Ita quod ipſi Judaei ab eiſdem villis modis omnibus amoveantur ante quindenam Paſche prox: futuram, Non permittentes ipſos in hujuſmodi villis habitare decetero, vel morari. Et ita vos habeatis in hoc mandato noſtro exequendo, quod non oporteat Nos vobis iterata mandata noſtra di…igere, ex hac cauſa. T. Rege apud Newark, 28 die Jan. Anno Regni noſtri 11.
Edwardus Dei gratia Rex Angliae, &c. Dilecto et fideli ſuo, waltero de Warham, nuper receptori bonorum & catallorum quorundam Judaeorum dampnatorum, ſalutem. Quia quibuſdam de cauſis ſuper ſumma exituum bonorum et catallorum praedict. volumus certiorari. Vobis mandamas quod die Paſche proximo futuro in quin que Septimanas; ſitis coram Theſaur. & Baronibus noſtris de Scaccario, una cum clericis et rotulis veſtris de bonis et catallis illis, ut iidem Clerici compotum reddant tunc ibidem de exitibus praedictis; et ulterius faciant ea quae compotum et negotium illud con…ingunt. T. R. ut ſupra.
Eodem modo mandatum eſt Ioh. Beks, Ade Kirketon, and 7. others more there named.
Rex Vic: Midd. ſalutem. Praecipimus tibi quod aſſumptis tecum duobus de diſcretionibus et legalioribus Militibus ejuſdem Comitatus, in propria ſcil: perſona tua accedas ad univerſas & ſingulas Archas Cyrograf. Judaeorum in Balliva tua exiſtentes, et eas ſigillis eorundem Militum, et ſigillo tuo conſignari facias. Ita quod Archae illic ſic conſignatae, cum Rotulis in locis, quibus nunc existunt, ſub tua coſtodia remaneant, donec aliud inde praeceperimus, et hoc nullo modo omittas T. ut ſupra.
Eodem modo mandatur Vic. Linc. Cant. Hunt. Kanc. Warw. Leicest. Norff. Suff. Wigorn, Northampt. Surrey, Suſſex, Colceſt. Oxon, Berks, Hereford, Eſſex, Hertford, Gloceſt. Darby, Bedeford, Notingh. Devon. Cornub. Wilts, Suthampt. Exon, Deviſes & Ebor.
Rex Juſticiariis ſuis ad Cuſtodiam Judaeorum aſſignatis, ſalutem. Quia volumus quod Theſaur. & Barones noſtri de Scaccario, ſuper omnibus debitis quae nobis debontur ad Scaccarium Judaiſmi noſtri, ex quacunque cauſa per vos ad plenum certificentur, Vobis mandamus, quod ad certum diem quem praedict. Theſaur. & Barones vobis ſcire facient, coram ipſis in Scaccario praedicto, cum rotulis veſtris veniatis, ad certificandum ipſis ſuper debitis praedictis, quae videlicet ſunt clara, et quae non clara, ut ex tunc debita illa levantur, ſecundum conſuetudinem Scaccarii praedicti, et hoc nullatenus omittatis. T. ut ſupra.
Moreover, In the Patent Rolls of this 12 year, the King granted this enſuing Commiſſion, to enquire of all the concealed goods and chattels of thoſe formerly condemned, and of their clipping, falſifying, counterfeiting money, and trading with others in ſuch deceitfnl coyn.
*Patents 12. E. 1. m. 4. Schedula. De Inquiſitione facienda de bonis & catallis quorundam Judaeorum dampnatorum, &c.Rex dilectis & fidelibus ſuis Solomoni de Roff. Magiſt. Hen: de Bray, et Hen: de Waleyes ſalutem. Sciatis quod aſſignavimus vos ad inquirendum per Sacramentum tam Chriſtianorum quam Judaeorum, per quos, &c. de omnibus bonis et catallis quorumcun que Indaeorum dampnatorum nobis concelatis, et modo, et ad quorum manus hujuſmodi bona devene…int. Et etiam de Mercatoribus et Iudaeis invicem vendemibus, et ementibus, ſeu cambientibus platas argenteas, et falſas platas de ſtagno, et alia metallo conflatas, et exterius deargentatas, et de omnibus aliis circumſtantiis negotium illud qualitercunque contingentibus, prout magis videritis expedire, & a… plenam et celerem Juſtitiam inde faciendam. Et ideo vobis mandamus quod ad certos dies et loca quos ad hoc provideritis, praemiſſa faciatis in forma praedicta. Mandamus enim Majori & Ʋiceco…: noſtris London quod ad certos dies et loca quos eis ſcire faciatis, venire faciant coram vobis, tam Chriſtianos quam Judaeos, per quos rei veritas in praemiſſis melius ſciri poterit, et inquiri. In cujus, &c. T. Rege apud Ceſtr. 15 die Septemb.
This Inquiſition (as was uſual in the caſe of Jews) was to be made as well by Jews and Chriſtians, and ſo were their trials ordinarily per Medietatem linguarum, as in the caſe of other Foreigners, for the greater indifferency, and prevention of Injuſtice through malice or emulation.
In 14 E. 1.*Patent. 14 E. 1. m. 20. I find a Commiſſion iſſued out for opening and ſearching the Cheſts of the Jews, and inrolling and certifying their Debts, agreeable with thoſe already cited. And likewiſe a Writ to the Treaſurer and Barons of the Kings Exchequer, to diſcharge John de Sto. Dioniſio, Cuſtos Domus Converſorum Regis London, from giving any Account of his Office and Receipts before them; Quia compotus hujuſmodi nunquam in Scaccario hactenus à Predeceſſoribus ſuis cuſtodibus Domus praedictae fieri conſuevit. T. Rege apud Weſtm. 24 die Feb.
This Iohn of St. Denys, Cuſtos Domus converſorum, dying in the 16 year of Edw. 1. the King thereupon granted the Cuſtos Office of this houſe to Robert de *Pat. 16. E. 1. m. 4.Scardeburgh Clerk, Quamdiu Nobis placuerit: and commanded that he ſhould be permitted to dwell in this houſe, and that all the Converts therein ſhould be intendent and obedient to him, as their Governor. His Patent bearing date the 13 of Octob.
This ſame year the Jews ſtill perſevering in their Trade of clipping and counterfeiting the Kings coin, thereupon there iſſued out ſeveral Letters Patents and commiſſions to diverſe Juſtices to make inquiry thereof, and of all concealed goods and chattels of all the Jews forfeited to the King, as this following commiſſion of Aſſociation, to pretermit all others, will reſolve us.
*Pat 16 E. 1. m. 16. De Inquiſitione fac. de platis Argenteis, &c.Rex dilecto & …ſideli ſuo Hugoni de Creſſingham, ſalutem. Qnia dilectus et fidelis noſter Henricus le Waleys, quem nuper cum dilectis et fidelibus noſtris Solomone de Roff. & Magiſtro Henrico de Bray aſſignavimus ad quaſdem Inquiſitiones faciendas de omnibus bonis & catallis quorumcunque Judaeorum dampnatorum Nobis concelatis & forisfactis, & etiam de Mercatoribus & Judaeis invicem vendentibus & ementibus, ſeu cambientibus plateas argenteas, & falſas plateas de ſtagno & alio metallo conflatas, et exterius deargentatas, & de aliis circumſtantiis negotium illud qualitercunque contingentibus, prout in literis noſtris Patentibus, quos eiſdem Solomoni, Henrico & Henrico inde fieri fecimus plenius continetur, nobiſcum in partibus tranſmarinis pro quibuſdam negotiis noſtris ſpecialibus quibus ibidem intendit moram facit; per quod idem Henricus le Waleys ad praemiſſa una cum prefatis Solomone & Magiſtro Hen. facienda, non poteſt intendere ad praeſens vos loco ipſius H. le Waleyes ad praemiſſa una cum prefatis Magiſt. Henrico ad praedictas Inquiſitiones faciendas juxta tenorem literarum noſtrarum patentium praedictarum. Et ideo vobis mandamusquod ad praemiſſa facienda, una cum praedictis Solomone, & Magiſtro Henrico intendatis in forma praedicta. Mandamus enim eiſdem Solomoni & Magiſtro Henrico, quod vos ad hoc in ſocium admittant, ſicut praedictum eſt. In cujus rei, &c. Teſte Ed. Comite Cornubii Conſil. Regis apud Westm. 26 die Jan.
This year I find a ſtrange caſe, A Jew and his wife complained to the King, that ſome had maliciouſly defamed the Wife, in reporting that ſhe had turned Chriſtiand was baptized, to their great prejudice and grievance, when as it was a malitious ſcandal; Whereupon they procured this Writ from the King to the Juſtices of the Jews to inquire the truth thereof by an Inquiſition of Chriſtians and Jews, and to do them right if ſlandered.
*Clauſ. 16. E. 1. m. 10. Pro Moſſeo de Heref. & Suetecota uxor ejus Judeis London.Rex Juſtic. ſuis ad cuſtodiam Judaeorum aſſignatis ſalutem. Monſtraverint nobis Moſſeus de Hornden & Suetecota uxor ejus Judaei Lond. quod cum ipſa Suetecota chriſtiana non ſit, ne aliquo tempore fu…rat baptizata, quidam Emuli eorum malicioſe confingentes ipſam Suetecotam baptizatam fuiſſe inter duo bella de Lewes & Eveſham, eam ſuper hocdefamarunt, in ipſorum Moſſei & Suetecotae dampnum non modicum & gravamen. Et ideo vobis mandamus, quod inquiſita inde plenius veritate per Chriſtianos & Judaeos, ſicut mos eſt; Si inveneritis praedicta Suetecota non fuit baptizata, ſicut ſibi imponitur, tunc eiſdem Moſſeo & Suetecotae, juxta officii veſtri debitum, pacem habere inde faciatis. T, Com.
If the Jews deem it ſo great a ſcandal and grievance to them, for others to reporr them to have been Chriſtians and baptized, there is little hopes of their real general converſion to Chriſtianity now.
The Jews were ſuch abſolute ſlaves and villains to our Kings, that they ſometimes granted them with all their goods and chattels to others by their Charters, as they did their other villanies, as this memorable Record of 17 E. 1. will inform us.
*Clauſ 17 E. 1. m. 6. P…o Aaron fil. Vynes Judaei London.Rex dilecto & fideli ſuo, Rado de Berners Conſtabul. Tur. London ſalutem. Cum Dom. H. Rex pater noſter per Cartam ſuam ded…rit & conceſſerit Edmundo fratri noſtro cariſſimo Aaron fil. Vynes Judeo London, una cum omnibus bonis et catallis ſuis, er omnibus quae ad ipſum patrem noſtrum ratione ipſius Judaei quocunque modo poſſint pertinere; et nos poſtmodum eandem donationem et conceſſionem continuari volentes, ipſam prefato fratri noſtro confirmavimus per noſtras literas Patentes; ac idem Frater noſter manuceperit habere coram nobis e…ndem Aaron ad voluntatem noſtram adſtandum recte ſuper omnibus quae ipſum Aaron contingunt, quandocunque nos vel alii verſus ipſum in aliquo loqui voluerimus; per quod eidem fratri noſtro per manucaptionem ſuam 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 Convert, Chapel and edifices thereof, during his pleaſure only.
*Pat. 18. E. 1. m. 25. Pro Converſis domus London de Deodandis.Rex Iuſticiariis & omnibus aliis Ballivis et fidelus 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 convertendis, ad ſuſtentationem ipſorum, et fabricam Capellae ſuae et aedificiorum ſuorum perficiendam, omnia Deodanda quae Nobis ubicunque in Reg…o nostro Angliae accidere, et coram quibuſcunque Iusticiariis ſeu Ministris noſtris, adjudicari contingent. Habenda & percipienda quamdiu Nobis placuerit. 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.
*Pat. 18. E. 1. m. 23. Pro … fuit vynes uxor. &c. Judaei London.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, aut praedictus Iudaeus authaeredes ſui, ratione venditionis ſeu recepitionis Gardini praedicti, per nos vel haeredes noſtros, Juſticiarios Ballivos aut alios Ministros noſtros occaſionentur, gravantur in aliquo, ſeu molestantur. In cujus, &c, T. R. apud West. 17. die Junii.
The like Patent I find to Aaron the Kings Brothers Jew …orementioned, to ſell his houſe and rents in fee to any Chriſtian who ſhould 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.
*Pat. 18. E. 1. m. 1. 4 Pro Aaron fil. Vynes Judaeo fratris Regis, Licentia vendendi domos, &c.Rex omnibus, &c. ſalutem. Sciatis quod conceſſimus & licentiam dedimus Aaron fil. Vynes Judaeo Edmundi fratris noſtri cariſſimi, quod ipſe domos et redditus ſuos tam infra Civitatem nostram London, quam infra Regnum noſtrum, de licentia & voluntate praedicti fratris noſtri Domini ſui vendere poſsit (upon his baniſhment hence:) quibuſcunque Chriſtiaenis voluerit, abſque impedimento noſtri, vel aliorum noſtrorum quorumcunque, & eiſdem Chriſtianis quod dom…s illas & redditus ab eodem Iudaeo emere valeant, ſimiliter licentiamconcedimus ſpecialem, jure cujuſlibet in omnibus ſemper ſalvo. In cujus, &c, T. R. apud Langeleye 28 die Julii. (After the date is the Letters for the Jews ſafe conduct out of England 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 clipping and falſifying of the Money of the Realme nor yet reforme the manifold other wickedneſſe 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 forecited to the Houſe of Converts for their comfortable ſupport, 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, enacted & 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 *Edit. 2. p. 44 to 63.Demurrer, againſt Sir Edward Cooks groſſe aſſertion, that they only voluntarily baniſhed themſelves, becauſe their uſury was this year ſuppreſſed 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 wholly 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 monethmonth 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 injury moleſtation, grievance, to be done to them by any in their paſſage beyond the Seas, for which he had given them ſafe conduct, but to grant them their wives and children a ſafe and ſpeedy paſſage, within the time prefixed them, at the Jews own coſts, paying reaſonable rates for their freights and paſſage, without immoderate exactions especially on the poorer ſort of them, leſt their paſſage ſhould be hindred by ſuch immoderate and unreaſonable exactions. I ſhall tranſcribe theſe Writs and Letters at large out of the Records themſelves, as moſt pertinent to my intended Theame, beginning with thoſe to Sheriffs.
*Clauſ. 18 E. E. 1. m. 6. De Judaeis Regno Angliae exeuntibus.Rex Ʋic. Glouceſtriae, &c. Cum Iudaeis Regni noſtri univerſis certum tempus praefixerimus a Regno illo Transfretanoi; Nolentes quod ipſi per Miniſtros noſtro, aut alios quoſcunque, aliter quam fieri conſuevit, indebite pertrectentur; Tibi praecipimus, quod per totam Ballivam tuam publicè proclamari, et firmiter inhiberi facias, ne quis eis intra terminum praedictum, injuriam, moleſtiam, dampnum inferat, ſeu gravamen. Et cum contingat ipſos cum catallis ſuis, quae eis conceſſimus, verſus partes London, cauſa Tranſfretrationis ſuae, dirigere greſſus ſuos, ſalvum & ſecurum conductum eis habere facias ſumptibus eorum. Proviſo, quod Iudaei praedicti ante receſſum ſuum, vadia Chriſtianorum quae penes ſe habent illis quorum fuerint, ſi ea acquietare voluerint, reſtituant, ut tenentur. Teste Rege apud Weſtm. 18 die Iulii. Anno 18. E. 1.
Conſimiles Literae diriguntur Ʋicecomitibus Eſſex, Ebor. Northampt. Lincoln. Teſte ut ſupra. Item Vicecomitibus Hereford, Suthampt.
The form of the Letters for protection and ſafe conduct to particular Jews and their Families, (which the richer ſort of Jews purchaſed at dear rates) was this.
*Pat. 18. E. 1. m. 14. Pro Bonamico Judaeo Eborum, et familia ſua.Rex Majoti et Ballivis Eborum ſalutem, Quia certum diem praefixerimus Iudaeis noſtris Angliae regnum noſtrum exeundi, et …e ad partes alias transferendi; Vobis mandamus, quod Bonamico Judaeo Eborum, uxori, pueris, vel familiae ſuae, in perſonis aut rebus interim nullam moleſ…iam inferatis, ſet ipſos quantum in vobis eſt, manuteneatis, protegatis, et defendatis. Et cum idem Bonamicus cum uxore, pueris et familia ſua, poſt Terminum Proclamationis factae de vadiis Chriſtianorum acquietandis, ad partes maritimas cauſa transfretandi, divertere ſe voluerint, ſibi et ſuis ſalvum conductum, cum ab eo fueritis requiſiti, ſuis ſumptibus habere faciatis; ne eis ſuper bonis, quae ſecum deferre contingerit periculum emineat, pro defectu conductus hujuſmodi faciendi. T. Rege apud Lang. 26 die Julii. Et ſunt Patentes.
By this Patent it appears, Firſt, that the Jewes had a certain day prefixed them by the King to depart out of the Realm of England into Foreign parts, of which they all had general and particular notice. 2ly, That the wealthier Jews thereupon to preſerve their own perſons, wives, children, families from corporal violence, and their goods from plunder, purchaſed particular Letters of Protection and ſafeconduct from the King to Mayors and other Officers. 3ly, That the King publiſhed a general Proclamation upon the Edict of their baniſhment, that all the pawns of Chriſtians to them ſhould be redeemed and diſcharged before their departure, or left behind them when they departed hence.
The next day after this private Letter of Protection and Safeconduct, on the 27 of July, the King ſent theſe Letters to the Bailiffs, Barons and Seamen of the Cinque ports, for the Jews ſafe conduct, paſſage and tranſportation out of England, within the term which he had prefixed to all and every of them, being general for all the Jews.
*Pat. 18. E. 1. m. 14. De Paſſagio & Conductu Judaeorum Angliae.Rex omnibus Ballivis, Baronibus, et Nautis Quinque portuum ſuorum ſalutem. Cum certum terminum omnibus et ſingulis Iudaeis Regni noſtri praefixerimus idem Regnum exeundi. Nolentes quod ipſi in rebus ſeu perſonis interim aliqualiter injurientur: Vobis mandamus, quod eiſdem Iudaeis cum ipſos ad Portus praedictos, cum uxoribus, pueris, & Catallis ſuis venire contingerit ad tranſfretand: INTRA TERMINUM PRAEDICTUM, ſalvum & festinum p…ſſag…um, & ſecurum conductum habere faciatis ſumptibus corundem. Ita tamen, quod Pauperibus Judaies ſuper freto Navium in tranſportatione parcatur, et a…is juxta facultates inde fiat exactio moderata, prout in hujuſmodi paſſagiis alias fieri conſuevit, ne quis ipſorum per exactiones immoderatas et irrationabiles, ſuper paſſagio ſuo impediatur. Et ſub gravi forisfactura nostra firm…ter vobis injungimus, ne quis veſtrum Iudaeis praedictis in rebus aut pe ſonis inferat, vel quantum in ipſo eſt inferri permittat injuriam, moleſtiam, dampnum, impedimentum, ſeu gravamen. In cujus. &c. Teſte Rege apud Weſtm. xxvii. die Julii.
Beſides theſe general, he granted other particular Letters of ſafe conduct to the Bailiffs, Barons and Seamen of the Cinque Ports, for ſome privat Jews, their wives, children and families who deſired them, as appears by this Record.
*Patent. 18 E. 1. m. 13. Pro Moſſeo fil: Jacobi de Oxon Judaeo & familia ſua.Rex omnibus Ballivis, Baronibus & Nautis Quinque Portuum ſalutem. Cum certum terminum omnibus et ſingulis Iudaeis Regni noſtri praefixerimus idem Regnum exeundi, Nolentes quod ipſi in rebus ſeu perſonis interim aliqualiter injuriatur; Et vobis mandamus, quod Moſſeo filio Jacobi de Oxon Iudaeo nostro Northampt. cum ipſum ad portus praedictos, cum uxore, pueris, familia, et catallis ſuis venire contigerit Ad Transfretandum intra terminum praedictum, ſalvum et feſtinum paſſagium, et ſecurū conductum habere faciatis ſumptibus ejuſdem. Ita quod ei juxta facultates inde fiat exactio moderata, prout in hujuſmodi paſſagiis alias fieri conſuevit, ne ipſe per exactiones immoderatas et irrationabiles (which the Jews all feared from the Engliſh upon this extraordinary occaſion of their peremptory Exile) ſuper paſſagio fuo impediatur …t ſub gravi forisfactura noſtra firmiter vobis in…ungimus, ne quis veſtrum praedicto Moſſeo, uxori, pueris aut familiis ſuis praedictis, in rebus aut perſonis inferat, vel quatemus in ipſo est inferri permittat in uriam, moleſtiam, dampnum, impedimentum ſeu gravamen. In cujus, &c. Teſte Rege apud Selveſton 8 die Aug.
It is obſervable that in all theſe Writs and Letters, the King relates, that he had prefixed a certain day, time or term to all and every the Jews of the Realm, to depart out of the ſame Realm, but mentions not in any of them the preciſe day, time or term at all: Therfore it is moſt certain, it was mentioned in ſome other publike Act and Edict for their Baniſhment made in Parliament, (which*See my former Demurrer, Edit. 2. p. 44. to 50. all our Hiſtorians remember,) then publickly known to all the Jews, Sheriffs, Officers and people; for how elſe ſhould they certainly know or take notice of it, if it were not then as notorious as theſe Writs and Letters, which do not particularly expreſſe it?
*Flores Hiſt. An. 1290. pare 2. p. 381.Matthew Weſtminſter in or near this time, preciſely writes, That the Jews were all to depart out of England with their wives and children by the Feaſt of All Saints, QUOD EIS PRO TERMINO PONEBATUR, quem ſub poenae ſuſpendii tranſgredi non eſt cauſa. This therefore was the term prefixed to them in the Parliamentary Act & Decree for their Baniſhment by that day, under pain of being hanged, if they departed not England before that term.
The Liber Rubeus, or Red Book in the Remembrancers Office in the Eſchequer, fol. 252. b. hath this Memorand. entred in it, touching the time the Jews actually departed from London and England, †De Receſſu Judaeorum ab Anglia, is writ in the Margin.De Iudaeis recedentibus ab Anglia: Memorandum, quod die Martis in craſtino Sancti Dioniſii, Anno Regni Regis Edwardi ſilii Henrici decimo octavo, et Anno Domini Milleſimo ducenteſſimo nonageſſimo, receſſerunt omnes Judaei de London verſus Mare ad transfretandum ſub protectione Domini Regis. And the ſame Memorandum in effect is written in a hand of that time, at the end of the Original Manuſcript Copy of Florentius Wigornienſis. Now Saint Dioniſius day being the 9th of October; this their departure from London muſt neceſſarily be on the 10. day of Octob. being the next day after it An. 1290. juſt 21 days before the feaſt of All Saints, by which day they were all to depart out of England under pain of death; and accordingly departed, as I have elſewhere manifeſted; except ſome few poor converted Jews, who remained like Almesmen in the Houſe of the Converts, and were not baniſhed with the reſt, whoſe Infidelity was the chief cauſe of their exile, as our Hiſtorians atteſt.
The King on the 27 day of October (but 17 days after the Jews final departure from London out of England) committed the cuſtody of this Domus Converſorum and the Converts in London to Walter de Agmodiſham during pleaſure, by this his Patent.
*Pat. 18. E. 1. m. 4. De cuſtodia Domus converſorum London Commiſſ.Rex omnibus ad quos, &c. ſalutem. Sciatis quod commiſsimus Waltero de Agmodiſham cuſtodiam Domus noſtrae Converſorum London, & converſorum noſtrorum, (therefore not baniſhed with the reſt) habendum quamdiu nobis placuerit, cum omnibus ad cuſtodiam illam pertinentibus, ſicut Johis de Sancto Dionis. quondam Archidiac. Roff. eam dum vixit habere conſuevit. Ita quod idem Walterus domos illas in quibus idem Archidiaconus morabatur ibidem inhabitet pro voluntate ſua, &c. T. R. apud Kingeſtclipton 27 die Octobris
On the 16 day of December following the King granted the cuſtody of this houſe to Richard de Clunpynges by this Patent, which manifeſts that the converted Jews were not baniſhed with the reſt.
*Pat. 18. E. 1. m. 45. De custodia Domus Converſorum London commiſſa.Rex omnibus et ſingulis Converſis Domus ſuae London ſalutem. Sciatis quod commiſsimus dilecto clerico noſtro Rico. de Clunpynges custodiam Domus praedictae, habendum quamdiu nobis placuerit, cum omnibus ad dictam cuſtodiam pertinentibus, eodem modo quo Johis. de Sancto Dioniſ. quondam Archidiaconus Roffenſis defunctus eam dum vixit habere conſuevit; Ita quod dom. illas in quibus idem Archidiaconus morabatur ibidem pro voluntate ſua inhabitet. Et ideo vobis mandamus quod eidem Rico. tanquam custodi veſtro in omnibus que ad cuſtodiam illam per…inent, … e… ſitis et reſpondentes, ſicut praedictum eſt. In cujus, &c. T. Rege apud Odyham 16 die Decembris.
The very next year after the Jews baniſhment within four moneths of their departure hence, I find theſe Letters Patents directed by the King to all his Sheriffs, Bayliffs and Lieges, expreſly mentioning their baniſhment hence, and the Kings deſigning of all the rents and profits of their houſes, from the time of their baniſhment to be collected, and diſpoſed to pious uſes; as Hugh de Kendale Clerk ſhould appoint, ſpecially intruſted with the management of this affair.
*Pat. 19. E. 1. m. 20. De Iudaiſmo.Rex Vicecomitibus, & omnibus aliis Ballivis & fidelibus ſuis ad quos, &c. ſalutem. Cum aſſignavimus totam pecuniam provenientem de Domibus quae fuerunt Judaeorum noſtrorum in Anglia in quoſdam pios uſus convertendam, per quod volumus quod totum commodum perveniens ex Domibus illis a tempore exilii eorundem, ut ex conventione Domorum earundem, & rebus aliis, in eoſdem uſus applicetur: Aſſignavimus dilectum Clericum noſtrum, Hugon…m de Kendale, ad inquirendum de conductionibus, et omnibus receptis hujuſmodi plenam veritatem, et ad onerandum Vicecomites, Miniſtros, et omnes recepto…es pecuniae inde provenientis, a tempore exilii praedicti, et ad pecuniam illam in tuto loco reponendam per Vicecomites, vel alio modo prout melius viderit expedire. Et ideo vobis mandamus quod eidem Hugoni intendentes ſitis, credentes & reſpondentes. Teſte Rege apud Aſherugge 22 die Ianuarii.
King Edward preſently after the Jews baniſhment hence, ſeized upon all their Houſes, Lands and Revenues throughout England as eſcheated into his hands by this their ſentence of baniſhment, and preſently within few moneths after made ſale of them to Engliſh men by ſeveral Letters Patents, as appears by a ſpecial Pat. Roll of the ſales of their houſes made in the 19 and 20 years of his reign, thus endorſed. Carta de Judaiſmo. Literae Patentes de domibus Iudaeorum conceſſis Poſt eorum Exilium de Anglia; wherein are near one hundred particular Patents of ſales of them to ſeveral perſons, running in the ſelfſame form (mutatis mutandis) all mentioning their Baniſhment hence, & this Kings title to them thereby, by way of Eſcheat; take one in the 19. year for an example of all that enſue that year.
cPat 19. E. 1. Conceſſionibus factis De Domi…us quae fuerunt Judaeorum in Anglia …. 4.Rex omnibus ad quos, &c. ſalutem. Sciatis quod conceſſimus pro Nobis & haeredibus noſtris Iſabellae, quae fuit uxor Ade de Sancto Albano Junior: Domos illas cum pertinentiis in London, quae fuerunt Leonis fil: Creſſey: fil: Magiſtri Eliae Judaei, de parochia Sancti Martini Pomer: in Iſmongerſlane, Per Exilium ejuſdem Iudaei a Regno noſtro, tanquam Eſcaeta noſtra in manu noſtra exiſtentes, et quae ad quatuor marcas extenduntur: Habendum & tenendum eidem Iſabellae et haeredibus ſuis de Nobis et haeredibus noſtris imperpetuum. Reddendo inde Nobis & haeredibus noſtris unum denarium per manum Vicecomitis ejuſdem Civitatis ſingulis annis ad Scaccarium noſtrum Paſche, et faciendo aliis Dominis feodi illius ſervicia inde debita et conſueta. In cujus, &c. Teſte Rege apud Aſherigge 27: die Decembris, Anno regni Regis Edwardi filii Regis Henrici xix.
This Patent bears date within two Moneths next after the Jews actual departure hence, upon the Decree and Edict for their baniſhment. After which follow near one hundred Patents of their houſes made this year, wherein was the ſame recital of their baniſhment as in this tranſcribed; Then follow many other Patents made of the Jews houſes by the King in the 20 year of his reign, intituled in the Roll and Margin. Patentes de Domibus Judaeorum conceſſis, Poſt eorum Exilium ab Anglia; the firſt whereof in Memb. 2. runs thus.
d20 E. 1. m. 2.Rex omnibus ad quos, &c. ſalutem. Sciatis quod conceſſimus pro Nobis et haeredibus nostris Willielmo de Taburet de Bedeford, & Katerinae uxori ejus, Domos illas quae fuerunt Cok: filii Benedicti de Bedeford Per Exilium ejuſdem Iudaeia Regno noſtro, tanquam Eſcaeta noſtra, in manu noſtra exiſtentes, et quae ad ſex … extenduatur. Habendum et tenendum eiſdem Willielmo & Kater. et haeredibus ſuis, vel cui il…as, ſecundum conſuetudinē villae praedictae donare vel aſſignare voluerint de Nobis & haeredibus noſtris imperpetuum. Reddendo inde Nobis & haeredibus noſtris unum denarium per manum Vicecom. noſtri Bedf. ſingulis annis ad Scaccarium noſtrum ad feſtum Sancti Michaelis. Et faciendo aliis dominis feodi illius ſervicia inde debita & conſueta. T. Rege apud Weſtm. 29 die Novemb.
After which follow near 20 patents more of other Jews houſes, made that year in the ſame form.
Therefore by the unanimous irrefragable verdict of all theſe manifold Patents; the Jews were legally and judicially Baniſhed out of England, and by this their Judgment of Baniſhment (both by the King and Parliament) all their houſes and lands actually eſcheated into the Kings hands, who thereupon ſeized and ſold them to others in fee, upon this very Title of Eſcheat by their Exile out of England: which had Sir Edward Cooke known or obſerved, I am confident he would never have aſſerted this untruth, that they voluntarily baniſhed themſelves out of England, only becauſe their Uſury was baniſhed thence.
To theſe Records I might annex the caſe of the Prior of Bridlington, which*2 Inſtit. p. 508. himſelf cites in the Placita Parliamenti poſt Paſcha apud London, 21 E. 1. rot. 4. recited again in alio Rotulo, Anno 22 E. 1. rot. 5. wherein there is this double recital of the Jews exile hence, and of a Debt of 200 l. due to the King thereby, which he had Judgement to recover againſt the Prior. Et quia praedictus Prior cognoſcit, quod praedicta pecunia praed: Judaeo debebatur, nec ei ſolvebatur, Ante Exilium Iudaeorum; et quicquid remanſit eorum debitis & catallis in Regno Poſt eorum Exilium Domino Regi fuit: Conſideratum est, quod Dominus Rex recuperet pecuniam praedictam. An unanſwerable euidence of their judicial, legal, actual Baniſhment hence, here twice together repeated in this Plea in Parliament but three years after their exile.
I have now traced the Hiſtory of the Engliſh Jewes through the obſcure, untrodden, generally unknown, and almoſt forgotten path of our Engliſh Records, yet remaining in the Tower of London, and Exchequer, from the very firſt year of King John, where our yet extant Records begin, to the 22. of King Edward the firſt, full 4 years after their univerſal Baniſhment out of England; which as it then put a period to any further memorial of them in our ſubſequent Records, ſo it now ſets a final concluſion to this my Chronological Collection of ſuch Records as concern the generality of the Engliſh Jews and their affairs. To which I ſhall only annex ſome few Records in ſucceeding times, relating to ſome particular Jewiſh Converts ſince their general baniſhment hence, and to the forementioned houſe of the Iewiſh Converts (now the Rolls in Chancery Lane) which are ſome wayes pertinent (like ſo much gleanings after the Harveſt) to the Jewiſh Hiſtory, and ſo draw toward a concluſion of this my Undertaking.
There being a great want of Jewiſh Converts after the Jews baniſhment hence to receive the Alms, Revenues formerly ſetled on their houſe by the premiſed charters of our Kings, I find King Edw. the 3d in the 18th year of his reign, by ſpecial Patents, granted to other poor people who had nothing to live on, both the benefit and eaſment of the Houſes and Gardens of the Houſe of the Converts, together with a penny a day out of the Exchequer, and ſo much beſiedes as any one Convert there received out of the Rents and profits of the houſe. Particularly he granted to one Alianor,ePat. 18 E. 3 pars 1. m. 2. 3. & pars 2. m. 47. Quae non habet unde vivat, quod habeat tantum in omnibus pro ſustentatione ſua tam de pecunia ad Sc accarium, videlicet per diem 1 d. et pro …iſ…amento Domorum & Gardinarum, ſicutuna Converſorum habet et capit, ac de Deodandis & aliis proficuis quam de Redditibus & Tenementis Converſorum Domus London, et alibi infra Regnum Angliae commorant, &c. quantum una Converſa inde percepit.
After this a converted Jew, John Caſtell by name, coming over into England in the 30 year of King Edward the 3d. the King thereupon granted him ſuch admittance into, and ſuſtenance in this houſe of Convertr, as other Converts had in former time; received, by this enſuing writ of Privy Seal.
fClauſ. 30. E. 3. m. 13. De Converſo admittando in Domo Converſorum London.Rex dilecto Clerico ſuo Hen: de Ingleby, Cuſtodi Domus noſtrae Converſorum in civitate noſtra London, ſalutem. Quia volumus quod Johannes de Chaſtell, à ritu Judaeorum converſus, qui in Regnum noſtrum Angliae nuper venit, habeat talem ſuſtentationem in Domo nostra praedicta de Elemoſina noſtra, qualem alii ejuſdem conditionis in eadem ante hoc tempus habuerunt. Ʋobis mandamus, quod ipſum Johannem in domum noſtram praedictam admittatis, et ei ſuſtentationem hujuſmodi pro uno converſo conſuetum de eadem domo liberari & habere facias. T. Rege apud Weſtm. primo die Iulii.
Per Breve de privato Sigillo.
This Henry de Ingelby afterwards reſigning his Office of Keeper or Gardian of the Houſe of Converts to the King, thereupon King Edward the 3. in the 45 year o… his reign granted this Office to William de Burstall Clerk, during his life, by this following Patent.
gPat. 45. E. 3. pars 2. memb. 28.Rex omnibus ad quos &c. Sciatis quod dedimus & conceſſimus dilecto Clerico noſtro Will: de Burſtal cuſtodiam domus noſtrae converſorum London, vacantem per reſignationem Hen. de Ingleby ultimi Cuſtodis domus praedictae, et ad noſtram Donationem ſpectantem: habendum & tenendum cum omnibus ad cuſtodiam illam quoquo modo ſpectantibus ad totam vitam ipſius Willielm. In cujus, &c. T. R. apud Weſtm. 22 die Julii.
Per ipſum Regem.
Et Mandatum eſt Vicecomit. Loudon, quod ipſum Will. in corporalem poſſeſſionem Domus praedictae inducant vel induci faciant, habendum juxta tenorem Literarum Regis praedictarum. Teſte ut ſupra.
Per ipſum Regem.
This houſe with the Chappel and other Edifices being greatly ruined after the Jews baniſhment, through the negligence of former Guardians, William Burſtal being made keeper thereof, beſtowed much money upon the repairing of it out of his own purſe; which done, upon conſideration thereof, and to keep the ſame in conſtant Repair for the future, upon the ſupplication of the ſaid William, then Keeper likewiſe of the Rolls of the Chancery, he procured King Edward to annex the houſe and Chappel of the Converts to the Cuſtos of the Rolls of the Chancery and his Succeſſors for ever, in the 51 year of King Edward the 3d. by this Patent.
hPatent. 51 E. 3. m. 20. De Domo Converſorum in ſuburbio London Officio Cuſtodis Rotulorum Cancellarii Regis annexanda.Rex omnibus ad quos, &c. ſalutem: Sciatis quod Nos conſiderantes qualiter Domus Converſorum, in Suburbio Civitatis noſtrae London, de Patronatu noſtro existens, et Capella, Edificia & Clauſura ejuſdem tempore quo dilectus Clericus noſter Willielmus de Burſtall cuſtodiam ejuſdem Domus ex collatione nostra primo habuit, per negligentiam et incuriam aliorum, qui antedictum Willielmum cuſtodiam Domus illius habuerunt, et ibidem morari, ſeu inhibitare non curarunt multipliciter debilitata, & quaſi totaliter in ruina extiterunt. Et quod praedict. Willielmus tempore ſuo de bonis ſuis propriis grandes fecit cuſtus et ex penſas ſuper reparatione et emendatione Domus, Capellae, Edificiorū & Clauſurarum praedict. At etiam ſuper factura novarum Domorum ibidem. Nos, ut Domus Converſorum, capella, edificia, clauſurae et novae Domus ſupradicta compatenter ſuſtententur, & cuſtodiantur in futur. ad ſupplicationem praedicti Will: (qui Cuſtos Rotulorum Cancellariae noſtrae exiſtit in praeſenti) conceſſimus de gratia noſtra speciali, pro Nobis & haeredibus noſtris, quod poſt mortem ejuſdem Willielm: dicta Domus Converſorum cum ſuis Juribus & pertinentiis quibuſcunque, remaneat et moretur in perpetuum Clerico cuſtodi Rotulorum Cancellariae noſtrae, et haeredum noſtrorum pro tempore exiſtenti, Et ſit annexa ad idem Officium imperpetuum. Et quod Cancellarius Angliae, vel Cuſtos ſive cuſtodes Magni Sigilli noſtri, et haeredum nostrorum Angliae, pro tempore existentes, poſt mortem ipſius Will. habeat et habeant Poteſtatem ad quamlibet Ʋacationem dicti Officii cuſtodis Rotulorum per mortem, ceſſionem, vel mutationem perſonae, quocunque tempore futuro, inſtituendi ſucceſſive Cuſtodes Rotulorum praedictorum in dicta Domo Converſorum, et Cuſtodes illos ponendi in poſſeſſionem ejuſdem, cum ſuis juribus et pertinentiis quibuſcunque. In cujus, &c. T. Rege apud Shene x. die Aprilis.
Per Breve de privato Sigillo.
Since which by vertue of this Patent, this houſe of the Converts hath continued annexed to the Cuſtos and Maſterſhip ol the Rolls of the Chancery, yet ſtill liable and ſubject to the firſt charitable uſes for habitation and ſuſtentation of ſuch Jewiſh and other Converts, to which it was at firſt deſigned: For which I ſhall now only recite one preſident more already printed by*Survey of London, 1633. p. 435. John Stow out of the Records of 5 R. 2. One William Pierce a Jew that became a Chriſtian, and was baptized, was by this Kings Charter in the 5th of his reign, admitted and received into this ancient Domus Converſorum, and had there 2 d. a day allowed him by the King during his life: And by the ſelf-ſame Equity, if the Jews be now readmitted into England, and any of them ſhall chance to be converted to Chriſtianity and baptized, either upon real, or hypocritical, or politick grounds, they ought to be there received and maintained in the ſelf-ſame manner as they were in former times.
I have now (courteous Reader) preſented thee and the world with the exacteſt Chronicle and History of the Engliſh Iews (from the 1. year of King Iohn, Anno Dom. 1599. till their total and final baniſhment hence in the 18 year of Edward the 1. Anno Dom. 1290, and ſome years after it) hitherto publiſhed in any age, ſincerely collected (with no little diligence, pains, ſearch, and coſt) out of the moſt excellent Rolls & Records of thoſe times, yet extant in the Tower and Exchequer, all which I diligently peruſed with mine own eys, & faithfully tranſcribed, not taking them upon truſt, as others commonly do, and ſo frequently miſcite or miſtake them: all which Records (being diligently entred very year ſucceſſively under theſe Kings reigns, by publick Clerks and Notaries imployed for that end, and faithfully relating every thing concerning the Jews, and all other tranſactions, publick or private, as they were then really acted) are the trueſt, beſt, moſt unerring guides that poſterity can follow, the infallibleſt evidences they can ſurely rely on, or any Hiſtorians make uſe of in relating the Hiſtory or proceedings of former ages; the ignorance of which Records hath occaſioned many miſtakes both in matters of fact and Law in moſt of our Hiſtorians, Chronicles, and Law Books; Some whereof, (relating to the Engliſh Jews) I have here rectified in the by.
From all the Records here printed in their own words and language, give me leave in brief to obſerve for thy better information, theſe few general heads concerning the Jews, to which they are reducible.
1. That though our Kings by their forementioned Charters, Writs, and Proclamations, granted many large Priviledges, Protections, Immunities to the Jews, eſpecially in the beginning of their reigns, as if they were their only favourites and darlings, above all other of their Subjects; yet theſe their Royal Protectors, and their Juſtices specially appointed for their cuſtody, ſoon after, notwithſtanding all their former Charters, Declarations, and promiſed Liberty, Peace, Protection proved their moſt unſatiable, mercileſs, perfidious, tyrannical Exactors, Fleecers, Oppreſſors, Taxmaſters, Tormentors, almoſt without any intermiſſion in one kind or other.
2 That the Jews under all theſe Kings reigns, notwithſtanding all their indulged Liberties, were but their moſt abſolute Bondſlaves, and exquiſite Villains, in all reſpects, as theſe particulars will evidence: Firſt, their names were all inrolled in the Kings Exchequer for the Jews, and they confined to live and abide only in ſuch places as the King and his Juſtices aſſigned for their cuſtody ſhould preſcribe them, from which they might not remove without ſpecial licenſe. 2ly, They were to be there conſtantly reſident, that the Kings Officers might there finde both them and their families upon all occaſions. 3ly, They were tranſlated from place to place at the Kings pleaſure, and permitted to reſide in no place but where they had a common cheſt. 4ly, Their perſons, wives, children, infants, families, were impriſoned, diſtrained, ſent to remote Priſons, Caſtles, baniſhed, executed, tormented, put to fines and ranſoms upon all occaſions, eſpecially for their Taxes and Debts to the King. 5ly. They were both by poll and wholeſale granted and ſold to others like Bondſlaves and Villains in groſſe by the King, and morgaged to thoſe who would purchaſe them, or advance any monies upon their aſſignment. 6ly, They were alwayes to wear a badge and Table on their outmoſt garments, as well females as males, whereever they rod or went, to diſtinguiſh them from Chriſtians, with whom they were to have no intimate communion, (who were prohibited to be ſervants; nurſes to any of the Jews in any kind,) and were all of them to be ſlaves and ſervants to the King in one kinde or other. 7ly, They were all prohibited to depart the Realm, when once entred, without ſpecial licence, which they could not obtain; and impriſoned yea put to fines and ranſoms when they attempted it, to avoid their Taxes. Such was their Vaſſallage in reſpect of their perſons. As for their real and perſonal eſtates, they were wholly at the Kings diſpoſal. Firſt, the King could ſeiſe all their Lands, Houſes, Rents, Annuities, Fees, Morgages, Debts, Goods, Chattels, gold ſilver, and ſell, grant, releaſe, give them unto whom he pleaſed at his pleaſure. 2ly, All their real and perſonal eſtates, chattels, debts eſcheated to the King upon their deaths, neither could their children, wives, heirs, executors enjoy them, without making Fines, reliefs, and compoſitions with the King for them, at high rates. 3ly, They could not ſue for any debt, morgage, houſe, fee, duty, nor aſſign, grant, ſell, give, releaſe them unto others, without the Kings ſpecial licenſe, for which they paid ſuch fines as he thought fit to impoſe. 4ly, The King could ſtay their actions, debts, uſury, reſpite them for what time he pleaſed, order them to be paid at other Terms, and by other ſummes than thoſe expreſſed in their charters and obligations: and finally pardon, releaſe them, and deliver up their Charters to their Debtors, when and where he pleaſed. 5ly. The King ſeiſed, ſearched, inrolled, ſealed up all their publick Cheſts, Charters, Writings, Debts, Goods, Chattels, Eſtates, and diſpoſed of them to his own uſe upon all occaſions, notwithſtanding all Grants and Charters to them; and appointed all their Judges, Officers, Cyrographers, Cofferers, Eſcheators, Presbyters, Prieſts and Tallagers at his pleaſure: yea inforced them to tax, diſtrain, impriſon one another, under pain of perpetual impriſonment, baniſhment, confiſcation of all their eſtates, and the ſevereſt penalties, as the premiſed Records aſſure us.
3ly, They alwayes lived under unceſſant, perpetual, arbitrary unſupportable Taxes and Tallages, impoſed on them (without any act of Parliament, or their common aſſents) by our Kings and their griping Officers at what rates ſoever they pleaſed, ſometimes 5000. or 6000. ſomtimes 20000. & 60000, but commonly 8000. & 10000. marks or pounds by the year; levyed with the greateſt rigour, which ſome of the richeſt Jews in all places were commonly engaged to ſee punctually paid in at the terms appointed, and when any of them oppoſed, or neglected to pay or levy them, their perſons, wives, children, families, infants were all diſtrained, impriſoned, their eſtates, Debts ſeiſed, confiſcated, ſome of them ſent Priſoners into Ireland, and frequently menaced with perpetual baniſhment hence and loſſe of their eſtates, their taxes being levyed by the ſtricteſt menacing warrants, and all rigorous violent ways the King and his inſtruments could poſſibly invent, And are not their Taxes (in caſe they will now return again) like to be more high, frequent, oppreſſive, ſince the very Engliſh themſelves, after all their late conteſts, wars, conſultations, and prodigal expences of their blood, treaſures, eſtates, are now brought under heavy, unceſſant, monthly arbitrary Taxes, Exciſes, Impoſts, decimations, levyed with the greateſt rigour, and ſuch as dare oppoſe them out of conſcience or defence of publike liberty, though in a legal way, impriſoned, cloſe impriſoned, ruined, yea threatned with perpetual baniſhment, even by ſuch who pretend themſelves the Patrons, Protectors of the Engliſh liberties, franchiſes, Properties from ſuch Aegyptian and Jewiſh Bondage, and greateſt Antagoniſts againſt ſuch arbitrary exorbitant Tyranny?
4. That beſides theſe conſtant annual Taxes, our Kings upon all occaſions enforced them by way of Loans, to lend what ſums they demanded, under pain of impriſonment, confiſcation of their eſtates, ſeiſure of all their Debts, Pawns, Cheſts: And frequently ſeiſed, ſearched, releaſed, granted, ſold all their gold, ſilver, cheſts, debts, houſes, fees, annuities, pawns, and impriſoned their perſons, wives, children, to extort and raiſe monies upon all extraordinary neceſſities.
5. That when they had fleeced them to their very skins, and could expect no more moneys from them, then they morgaged and ſold their perſons, eſtates, and the revenues proceeding from them unto others, to advance preſent moneys before hand, like ſo many Slaves and Villains. And though many of them, notwithſtanding all their endleſſe Taxes, Extortions, Squeezings, fleecings, grew rich again in a ſhort time through uſury, broccage, clipping and falſifying coyn, plate, frauds and extortions of all kinds, and their baſe parſimony, induſtry, frugality; yet their wives, children, heirs, friends enjoyed little or no benefit at all by it, but the King and his Officers commonly fleeced them of al they gained, by one device or other. So that England was little better than a ſecond Aegypt, and our Kings and their griping Officers nothing elſe but ſo many new Pharoahs and Aegyptian Tax-maſters to them, during all their continuance here, they having no aſſurance of lives, liberties, eſtates under them by any Charters, Grants, protection, Engagements, which they made no conſcience to revoke and violate at their pleaſures, as ſome of late have done, even to their own Chriſtian Brethren, in as high a degree as they did to the Jews.
6. That they were ſo exceeding execrable and deteſtable to the people in all places where they reſided, both for their infidelity, blaſphemies, apoſtacies, enmity to Chriſt and Chriſtianity, circumciſing and crucifying Chriſtian Children, clipping of coin, falſifying of Charters, extortion, brokage, uſury, frauds, unconſcionable Jewiſh cut-throat dealing, and diſcrepancy of maners from the Engliſh, that many places and ports oppoſed their coming over, other Towns, (as Newcaſtle, Winchelſe, Wycombe, Newbury, Berkhamſted, Suthampton, & other places) purchaſed exemptions or removals of them: And thoſe Towns where they reſided, frequently roſe up in a tumultuous maner againſt them, burning their houſes, beating, abuſing, kiling their perſons, pillaging their goods, and forcing them to fly to the Kings Caſtles for Sanctuary, notwithſtanding all the Kings Charters, Proclamations, Proviſions of all ſorts for their protection and defence againſt violence, and committing them to the protection of the Sheriffs, Maiors, Chief Officers and Burgeſſes of the places where they reſided. But eſpecially they were above meaſure aſſaulted, beaten, ſlaughtered, pillaged by the Cruce-ſignati and Saint-like Souldiers of that age, who liſted, croſſed themſelves for the Holy-Wars,, and by the Barons, Souldiers who took up arms againſt their Soveraigns under pretext only of defending the Great Charters, Laws, Liberties of the Church and Realm of England, uſually ſtiling themſelves*See Cart. An. 17. Joh. Reg. dorſ. 27. exercitus Dei et ſanctae Eccleſiae in Anglia. Neither were they free from violence, plunder, nor the common people ſatisfied till their univerſal final baniſhment hence, which they oft ſollicited, their implacable enmity againſt them being ſuch, that the ſymptoms thereof yet continue amongſt us in our proverbiall ſpeeches. I hate thee as I do a Jew. I would not have done ſo to a Jew. None but a Jew would have done ſo, and 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 for 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 flagi…ious malefactors, to the ſcandal of religion.
8. That the Jews here had their Synagogues, Schools, Prieſ…s, 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 printed 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 countenanced nor approved, but generally condemned, and frequently releaſed by our Kings long before the Statute de Judaiſmo. which moſt infallibly appears to be made in 3 Ed. 1. not in 18.*2 Inſtitutes. p. 506, 507, 508. 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*Ibidem. Sir Edward Cook and others affirm, but only a temporal office and Comptrolerſhip in the Kings Exchequer of the Jews.
12. That our Kings and Aunceſtors in times of Popery made and publiſhed ſundry excellent Ordinances againſt the blaſphemies, abuſes of the Jews; and were very zealous, induſtrious to convert them to Chriſtianity, and carefull to maintain, ſupport, confirm, and provide for them when converted in their Domus Converſorum; That King Edward the firſt remitted his right to all the goods of convert Jews, (by an unchriſtian uſage confiſcated formerly to the Crowne by their very converſion) allowing all Converts the moity of their eſtates to maintain them, and granting the other moity of their Eſtates, together with his Deodands, and all forfeitures and Chevages of the Jews, for the ſupport of the Converts, and their Houſe, Chappel, Chaplains; Yet very few of them were converted.
13. That King Edward the 1: in the 18 year of his reign, did by publike Edict of Parliam. actually baniſh all the Jews out of England, except the Converts, by a ſet prefixed day, beyond all contradiction, much againſt the Jews good wills; as I have undeniably proved by ſundry Records forecited here; and by multitudes of Hiſtorians, in my firſt*Edit. 2. p. 44. to 64. Demurrer againſt Sir Edw. Cooks groſſe error. A truth ſo clear, that the very Jews themſelves (as I am informed by thoſe beſt verſed in their Manuſcript Antiquities) do make ſpecial mention of this their Baniſhment out of England in their Chronicles (in Manaſſeh Ben-Iſraels cuſtody) taking their later computations of years from thence, as a time very remarkable and ominous to their whole Nation; And well might they do ſo, ſeeing learned Mr. Edward Brerewood, in his Enquiries, touching the diverſities of Languages and Religions throughout the chief parts of the world, London 1614. c. 13. p. 92. aſſures us, that The firſt Country of Chriſtendom whence the Iews were expelled without hope of Return, was our Country of England, whence they were Baniſhed Anno 1290. by King Edward the firſt. (By which example) Not long after they were likewiſe baniſhed France, Anno 1307. by Philippus Pulcher: Only of all the Countries of France, in the Iuriſdiction of Avignon (the Popes State) ſome are remaining. Out of Spain, An. 1492. by Ferdinand; and ſhortly after out of Portugal, Anno 1539. by Emanuel. Out of the Kingdome of Naples and Sicilie Anno 1539. by Charls the V. (as he there writes) Out of which Sir Edward Cooke might have as well averred, they only voluntarily baniſhed themſelves, as that they voluntarily baniſhed themſelves out of England, with ut any ſpecial Edict for their exile thence.
What other particulars of leſter moment concerning the Jews occurre in theſe Records, I have formerly touched in their reſpective places, and ſhall here omit. Having thus compleated my JUDAISMUS ANGLICANUS REDIVIVUS, if I may ſo ſtile it, or Chronological Collections of the Hiſtorical and Legal affairs of the Engliſh Jews, out of the rich unknown Magazine of our generally neglected, ſlighted precious old Records; which Hugh Peters, (the great New-modeller, *See his Epistle and Title to his Good Work for a Good Magiſtrate.Reformer of our former Lawes, Liberties, Government, Kingdom, Republike, Church, Religion, Juſtice, Law, Merchandiſe, Navy, the Poor, and what not but himſelf) out of his raſh fiery Zeal and tranſcendent ignorance, would now make all new Martyrs, but yet be none himſelf; For which end, in his Good Work for a good Magiſtrate, London 1651. after his propoſal of A ſhort Model for the Law, p. 28. &c. he concludes with this advice, as a Good Work fit for his good Magiſtrate, p. 33. This being done, It is very adviſable to burn all the old Records, yea even thoſe in the Tower; the Monuments of Tyranny: that ſo his New Whimſies only might be known and adored for our Engliſh Lawes and Monuments in all ſucceeding ages; I ſhall therefore crave Liberty to inform the World and this Ignoramus, of the incomparable Excellency, Utility, Neceſſity of preſerving theſe Records, which he hath ſo brutiſhly devoted to the fire, before he either knew their contents or worth, which our Anceſtors (even in all former Wars, Revolutions; as well as times of peace and ſettlement) preſerved with much care and coſt, as the richeſt Pearls, Treaſures, and Jewels of the Nation.
To which I anſwer: 1. That all our wiſeſt Kings, Parliaments, Anceſtors, Stateſmen in former ages had ever a ſpecial care to record all buſineſſes of publike or private ocncernment, and to preſerve our ancient Records as the*See Cooks 3 Inſtit. p. 70, 71, 72. choiceſt Treaſures, appointing special Treaſuries, places to preſerve them in, and Cuſtodes R…tulorum, Treaſurers, Chamberlains, Regiſters, Clerks to keep them ſafe from injury, corrupting and embezelling, and enacting many Statutes for this purpoſe, witneſſe not only the Chests, Cyrographers, Officers and others forementioned, for keeping the Records and Charters of the Jews and their Rolls, but alſo 13 E. 1. c. 25. 30. 1 E. 3. c. 4. 5 E. 3. c. 12. 9 E. 3. c. 5. 6 R: 2. c. 4. 13 H. 4. c. 7. 2 H. 5. c. 8. 4 H. 6. c. 3. 8 H. 6. c. 12. 15. 10 H. 6. c. 4. 18 H. 6. c. 1. 9. 27 H. 8. c. 16. 32 H. 8. c. 28. 34 H. 8. c. 22. 28. 37 H. 8. c. 1. 2 E. 6. c. 10. 3 & 4 E. 6. c. 1. 1 & 2 Phil. & Mar. c. 2. 23 Eliz. c. 3. 27 Eliz. c. 9. 31 Eliz. c. 3. 1 Jac. c. 6. with other Acts, And muſt they now, after all theſe Statutes, be all made a burnt-of…ring unto Vulcan, upon the crack-brain'd Motion of an Ignatian Incendiary?
2. The Statute of 8 H. 6. c. 12.*See Cooks 3 Inſtit. p. 70, 71 72, 73. ſtill in force: Ordains, That if any Record or parcel of the ſame, writ, retorn, panel, proces, or warrant of Attorney in the Kings Courts of Chancery, Eſchequer, the one Bench or other, or in his Treaſury, be willingly ſtolen taken away, withdrawn or avoided by any Clerk or other Perſon, by cauſe whereof any Judgement be reverſed; th… ſuch ſtealer taker away, withdrawer and avoider, their Procurers, Counſellors and Abettors, being thereof indicted, and by proceſs the…eupon made thereof duly convict by their own confeſſion, or by enqueſt to be taken by legal men, whereof the one half ſhall be of the men of ſome Court of the ſame Courts, and the other half of other, ſhall be judged for Felons, and ſhall incurre the pain of Felons. And that the Iudges of the ſaid Courts, of the one Bench and of the other, have power to hear and determine ſuch defaults before them, and thereof to make due puniſhment, as is aforeſaid. And now Hugh Peters (if I may be thy Counſellor) in ſober ſadneſſe look to thy neck: which as thou haſt oft indangered, forfeited by thy late Fire-works, to blow up Kings, Kingdoms, Parliaments, Lords, our old fundamental Lawes, Liberties, Government, (as Straffords, Canterburies late Impeachments, Sentences, with Mr. St. Iohns and others Arguments at their Attainders, will reſolve thee) and thy open treaſonable adviſing, abetting the ſeiſing, impriſoning of my ſelf, and above 40 more Members of Parliament, in Hell, on the bare boards, Decemb. 6. 1648. (whoſe names thou didſt then liſt with an iron Sword under thy arme, inſtead of the Sword of the Spirit:) So this thy Ieſuitical Project to burn all our old Records, (whereby all former Judgement, Titles, Fines, Recoveries, &c. will be nulled, reverſed) which thou publickly abetteſt, counſellest thy Magiſtrate to effect in Print; proclaimes thee by thine own Confeſſion, without other evidence, a Notorious Felon within this Act, in the higheſt degree. The burning, avoiding of all our Records in general, being a more tranſcendent Felony, (yea Treaſon,) to the whole Kingdom, Nation, than the embezelling only of one or two private Records or Writs, relating but to one private perſon. And if ever thou be brought to a legal Trial for it, before ſuch a Iury, and ſuch Iudges as this Act preſcibes, thou art ſure to undergoe a Halter-Martyrdome at Tyburne; which all will cry up (according to thy Pamphlets Title) for A good work of a good Magiſtrate, and a ſhort cut to great quiet; for thy devoting all our old Records to a fiery Martyrdom in Smithfield; which I truſt they ſhall never undergo; And that upon theſe enſuing weighty Conſiderations,
Firſt, theſe old Records which he would have burnt, contain in them all the antient Rights, Titles, Evidences, Charters, Agreements, Leagues, Compacts of the Kings, Kingdom, Nation and people of England, to all their priſtine and preſent Dominions, Juriſdictions, Prerogatives▪ Preheminences, Priviledges, Hereditaments and enjoyments, both at home and abroad, by Land and by Sea, as they are a Kingdom, Nation, Republike & body Politick in general; and that both in relation to themſelves and their own intrinſecal affairs at home & as they have been, owned, reputed, negotiated, treated with upon ſpecial occaſions as a Kingdom, Nation, Republike, by any forraign Kings, Princes, Kingdoms, States; whoſe ancient undoubted Rights, Titles to all or any of our Dominions, Territories, Juriſdictions, Royalties, cannot otherwiſe be legally cleared & judicially evidenced upon any emergent occaſion or controverſie between our Kingdom, Nation and other Forraign States and Realms, or between our ſelves at home, but by our old Records, the only publike evidences of the whole Kingdom and Engliſh Nation, as neceſſary to defend, maintain, juſtifie their common publick Rights, Dominions, Poſſeſſions, Juriſdictions, Claims, priviledges upon all occaſions, as any private Noble or Gentlemans ancient Charters, Records, Writings are to defend, manifeſt his right and Title to his private Inheritance and Injoyments; witneſſe the*See Tho. Walſingham, Hiſt. Ang. An. 1292, &c. 1302. par 18, 49. to … Ypodig. Ne… p, 86, to 95. Henry de Knyghton de Eventibus Angliae, l. 3. c. 2. famous Letter of the King, Parliament and Nobles of England, written and ſent to the Pope, Anno 1302. to clear the ſubordination of Scotland to the Crown of England, and the Homage of the Kings of Scotland made for their kingdom to the Kings of England as their ſuperiour Lords from time to time, manifeſted by the ancient Hiſtories and Records of England beyond all contradiction; Mr. Selden his Mare Clauſum, proving the Dominion and Juriſdiction of the Kings of England over the Narrow Seas by Records, and Sir Robert Cottons Posthuma. Therefore it muſt neceſſarily be as bad and mad a worke, for a bad and mad Magiſtrate to burn all the publick Evidences and Records of the whole Kingdom and Nation, (upon the frantick motion of a Bedlam in this particular) as for a Great landed Nobleman to burne all the old Charters, Evidences of his Lands and Honors; or for a rich Uſurer to burn all his Bonds and Morgages, which all wiſe men will repute an act of Frenzy, and Hugh Peters too in his right ſenſes.
2. They contein in them all the great publike Charters, Contracts, Agreements, Leagues, formerly granted or made by the Kings of England, to or with the Prelates, Earles, Barons, Freemen, Commons of England, Ireland, Scotland, Wales, Gernſey, Ierſy, Man, and all other Iſles and Dominions belonging to the Crown of England in general: all Charters, Patents Grants, Contracts, Writs, Releaſes, Gifts, Pardons, Offices, Honors, Liberties, Franchiſes, Cuſtoms, Priviledges, Faires, Markets, Inheritances, Rents, Revenues, Licences, compoſitions formerly granted by our Kings to the reſpective Counties, Cities, Towns, Burroughs, Villages, Hundreds, Arch-biſhops, Biſhops, Deans, Chapters, Prebends, Abbies, Priories, Nunneries, Colledges, Hoſpitals, Free-ſchools, Univerſities, great Officers, Chancellors, Generals, Admirals, Marſhals, Juſtices, Nobles, Gentlemen, Citizens, Merchants, Societies, Fraternities, moſt private perſons both in England, Ireland, Wales, Scotland, all the Britiſh Iſles, and other Territories anciently belonging to England. All whoſe particular patents, grants, evidences though under ſeal (if alleged to be falſe, forged, ſophiſticated) muſt be tryed only by their exemplifications or inrollments on record. They likewiſe compriſe all the Judgements, Fines, Common Recoveries, Verdicts, Trials, Suits, Statute Merchants and Staple, Recognizances, Inrolments, yea in any of the private Conveyances, Contracts between our Kings and private ſubjects, and one ſubject & another. What a univerſal confuſion, ſubverſion then diſinheriſon, deſtruction of all Rights, Titles, Intereſts, Inheritances, Priviledges, the burning of all our old Records would immediatly bring upon all and every County, City, Corporation, Nobleman, Gentleman, Inheriter, Freeholder of the Realm of England, and all the ſubordinate Dominions thereto annexed, let this Short Cutter himſelf, and all Wiſe men determine, who hold or claim any thing by matter of Record, their beſt and ſureſt evidence.
3ly. All the good old Laws, Statutes for the Governme…t, Peace, ſafety, defence and wellfare of the Nation are originally conteined in our Records, by which they muſt be tryed, examined. Yea all the perambulations and deafforeſtations of our forreſts, All the Limits, Bounds, Extents, Contents, Juriſdictions, Cuſtoms, Priviledges, Tenures, Rents, Services of all Counties, Cities, Burroughs, Ports, Honors, Mannors, Pariſhes, Courts of Juſtice, Offices, Officers Civil, Military, Eccleſiaſtical, Marine, all the Pedegree▪, Diſcents, Succeſſions (by which all Heirs, Succeſſors hold or claim their inheritances) are for the moſt part defined, aſcertained, evidenced, proved in and by our Records alone, wherein they are enrolled: And if they ſhould all be burnt together, what ataxies, confuſions, contentions, oppreſſions, ſuits, quarrels, frauds, Diſinheriſons would thereupon immediatly enſue, all wiſemen may prognoſticke. The mighty Nymrods and Grandees of the times wil then ſoon queſtion al mens Titles, devour their leſſe potent neighbours eſtates, inheritances adjoyning near to theirs; all potent Landlords will exact what ſervices, rents, cuſtoms, heriots, releifes they pleaſe from their poor tenants: all ſuperiour, inferiour Courts, Officers, Corporations claim, exerciſe what extravagant Juriſdictions, powers they think meet, and all legal means of defending mens rights, liberties, inheritances againſt malitious, potent, vexatious Adverſaries, will be utterly aboliſhed by Salt Peters new Firework to burn all our old Records to aſhes.
4ly. Whereas this Ignoramus in our Records (the moſt whereof he never yet ſaw, and cannot ſo much as read) produceth this only reaſon for their burning, that they are the monuments of Tyranny; I would demand of rhis bold blind Bayard (who judgeth of coulors he never yet ſaw) how he can make good this notorious untruth? The greateſt part of our Records are the two great Charters of the Liberties of England, and the Forreſt, or ſundry ſubſequent confirmations of them in ſeveral Parliaments: the good old Laws, Statutes, Ordinances made by our wiſeſt Kings, Nobles, Commons upon long adviſe and ſerions debates in our Engliſh Parliaments, for the Government, Peace, defence, wellfare of the people; The proceedings, debates, Judgements; Reſolutions of our ſageſt Parliaments, Judges, Courts of Juſtice, in all matters, caſes, publike, private, civil or criminal, formerly debated or reſolved in them. Old Charters, Commiſſions; Patents, Writs, Concords, Fines, Recoveries, Statutes, Judgements, Extents, Indictments, Offices, Grants of Liberties, Lands, Franchiſes, Fairs, Offices, Pardons to particular perſons & corporations; all matters advancing the defence of the Realm by Land and Sea in times of danger, war, according to the ancient Laws and Cuſtomes of the Realm: Negotiations, Truces, Leagues with, Embaſſies, Letters to & from forain Stares; All particulars concerning Merchants, Merchandiſe, Trade, Coyn, Bullion, Meaſures, weights, wools, Staples, Ships, and the like. Now how all or any of theſe can be ſtiled Monuments of Tyranny, let this Lindſy-Wolſy great Clerk demonſtrate at his beſt leaſure. Beſides, I here averr, ex certa ſcientia againſt this Impoſture; That moſt of our old Records (eſpecially in the Tower are ſo far from being monuments of Tyranny, that on the contrary, they are the chiefeſt badges, the cleareſt evidendences of thoſe good old Engliſh Liberties which our noble Anceſtors claimed, purchaſed, and tranſmitted to us as our richest Birthrights, yea the principal Bulworks Fences againſt all ſorts of Tyrannical uſurpations, encroachments on the Peoples Liberties, Rights, Properties, in any kind whatſoever. To put this out of Controverſie, I ſhall appeal only to the many excellent *See a learned and neceſſary Argument againſt Impoſitions in the Parl. of 7 Iac. printed 1641. Mr. Will. Hakewell his Liberty of the Subject, againſt Impoſitions, London 1641. The confer…nce at the Committee of both Houſes con…erning the Rights and Priviledges of the Subject 3 and 4 to Caroli London. 1642. Judge Crooks and Huttons Arguments againſt Shipmony. The Remonſtrances of the Lords and Commons againſt tho Commiſſion of Array. Exact Col. p. 386. &c. 450. 890. Ephemeris Parliamentaria London. 1654.old Records produced & moſt inſiſted on by the Commons and others in the ſeveral Parliaments of 7, 8 & 21 Jacobi, and 3, 4, 17. Caroli againſt all Impoſitions, Tunnage, Poundage, Cuſtoms, Exciſes, Loans, Taxes, demanded, impoſed and exacted from the Subject, without common conſent and Act of Parliament: againſt impriſoning Subjects by King or Council Table, without any legal cauſe expreſſed in the warrants, and not bailing them in ſuch caſes: againſt Shipmoney, Court and Conductmoney, the Biſhops late Canons and Oath, Commiſſions for executing martial Law in times of Peace, impreſſing and billiting Souldiers, the Commiſsions of Array, with other late Grievances, Monopolies, and the arbitrary proceedings of Strafford, Canterbury, the old Council Table, Star-chamber and High-commiſsion, printed in ſundry Treatiſes, in Sir Edw. Cooks 2 & 4 Inſtitut. Sir Robert Cottons Posthuma, and in my Legal, Historical, Vindication and collection of the good old fundamental Liberties, &c. of England. to which I ſhall refer the Reader and Hugh Peters: who if he had St. Augustines ingenuity, hath as much cauſe and more than he, to write a book of Retractations, eſpecially of this his raſh ſentence paſſed againſt our old Records, devoting them to the fire, which his and others New-Modles better deſerve than they.
Now that I may the better excite, encourage all generous Engliſh Spirits (eſpecially Lawyers, Stateſmen, Hiſtorians, Heralds, and Divines who have opportunity) not only to the diligent preſervation, but inſpection, ſtudy, peruſal of our ancient over-much neglected, ſleighted Records, ſo raſhly devoted to the fire by Peters, I ſhall in brief acquaint each of them, what hidden Treaſures and rare precious pearls are locked up in theſe old Parchment cabinets.
1. All grounded Students and Profeſſors of the Law, upon diligent ſearch, may find in our old Records the ſeveral Writs of Summons for our Archbiſhops, Biſhops, Abbots, Priors, Dukes, Earls, Viſcounts, Barons, Citizens, Burgeſſes, Merchants, and all other Members to our ancient Engliſh Parliaments, Great Councils of State, Synods, Convocations, with the ſeveral prorogations, adjournments, diſſolutions of them, & for Knights and others wages. The Speeches, Proceedings, Petitions, Debates, Conſultations, Orders, Ordinances, Statutes, Judgements, Pleas, Demands, Grants, or Refuſals of Aides, Subſidies, with all tranſactions, reſolves concerning peace, War, Government, Trade, Merchandiſe, Bullion, Coyn, Weights, Meaſure, purviances, Cuſtomes, Tunnage, poundage, Impoſts, Fiſhing, Shipping, defence of King or Kingdom by Land or Sea, Liberties, priviledges, properties, regulation of abuſes, ſupplies of defects of Law, Juſtice, and all other matters formerly diſcuſſed in our Engliſh parliaments. Which if faithfully tranſcribed and methodically digeſted into a Parliamentary Chronicle, would for rare uſefull matter, Excellency, certainty far exceed all Hiſtories, Statute-Books, Law-Books, Chronicles ever yet compiled, rectifie many groſſe miſtakes in moſt of them, and make more able, knowing Lawyers, Judges, parlamentmen, Stateſmen, than former ages have produced. Beſides the old Records, in the reſpective Treaſuries of the Tower, Courts at Weſtminſter, and the Rolls, faithfully relate at large the Inſtitutions, Jurisdictions, procedings, Judgements, Writs, Formalities, Debates, commiſſions, Law-caſes, Judges, Officers names, cuſtomes, Fees, of all the great courts of Law, Juſtice, Equity (civil, Eccleſiaſtical, Military, Marine) Juſtices Itinerant, Juſtices of the Forreſt, Juſtices of Aſſize, Oyer and Determiner, & of moſt other inferiour Courts and Commiſſioners both in England, Wales, Ireland, Scotland, Gaſcoyne, Normandy, Poyters, the Iſles of Man, Gernſy, Ierſy Alder…y, Serk, Silly, and other Iſles; the Stanneries in Cornwall, and in moſt Corporations, Counties, Hundreds, Honors, Mannors in them. Record all ſorts of commiſſions, charters, Writs, Warrants, Inſtruments relating to Law, Iuſtice, Trade, peace, War. The Courts Jurisdictions priviledges, Mannors, Lands, Fees, Rents, exemptions, Liberties, Royalties, Tenures, Services, cuſtoms, Offices, Succeſſions, pedigrees of the Kings, Princes, Queens, Archbiſhops, Biſhops, Deans, Chapters, cities, corporations, Fraternities, Guilds, Nobility, Gentry, Freeholders of England, Ireland, Wales, Scotland, and all Dominions, Iſles annexed to them, with ſundry other particulars neceſſary for an accompliſhed Lawyer: out of which induſtrious Lawyers, (if countenanced by authority, and encouraged by a a publike Salary) might collect ſuch a rare new Body and Syſteme of the Laws, cuſtoms, courts, and ancient legal proceedings in all the courts of Juſtice throughout our Dominions as would as far excell all other Abridgements, collections, Reports, Inſtitutes, Regiſters, Law-Books, hitherto publiſhed, for uſe, excellency, as the richeſt Diamond exceeds the baſeſt pibble, and bring more honour, benefit to the Engliſh Nation, than all the Shepheards Calenders, and New-corps or Models of our old Engliſh Laws, attempted by Hugh Peters, Swordmen, and ſome bold illiterate Ignoramuſſes of the Law, who neuer yet peruſed any of our old Records, nor read over half our Engliſh Law-books, and yet will be reformers (or deformers rather) of what they never exactly knew not underſtood. In brief, the exact knowledge of our Records will furniſh induſtrious Lawyers with ſuch rare uſefull materials of all ſorts, for the publike ſervice of their Native 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 they once appear in place. Witneſſe Mr. Noy, Mr. Selden, Mr. Littleton, and ſome other Lawyers of late times, whoſe real, and page missing
I ſhall clo…e up all with ſome Scripture-Texts diſcovering the excellent uſe, benefit of old Records, and what …igh eſteem the wiſeſt Kings in the Old, and Paul himſelf in the New Teſtament had of them.
The firſt Text I ſhall cite, gives … a true character of the Jews ſeditions carriage, then manifeſted by Records.
Exra 4. 14, 15. Now becauſe we are ſalted with the Salt of the Palace, and it was not meet for us to ſee the Kings diſhonour: therefore have we ſent and certified the …ing, that ſearch may be made in the Books of Records of thy fathers; ſo ſhalt thou find in the Book of the Records, and know, that this City is a Rebellious City, and … unto Kings and Provinces, and they have moved ſedition within the ſame of old times, for which cauſe was the city deſtroyed: which appeared true upon ſearch made in the Records: verſ. 19. 20.
Eſther 6. 1. On that right could not the King ſleep, and he commanded to bring the Book of Kecords of the Chronicles. and they were … the King.
Neh. 12. 22, 23. The Levites in the days of Eliaſhib, Joiada, &c. were recorded chief of the Fathers; alſo the Prieſts to the reign of … the Perſian: The So… of Lev… the chief of the Fathers were recorded in the Books of Chronicles, &c.
… When thou comeſt bring with thee the books, but eſpecially the Parchments: which the … Tranſlators … Membranas, … Parchment Rolls Upon which words Theodoret, Oecume…us and others thus comment; Maxime Membranas, *Interp. & Enar. in 2 Tim. 4. 13.Membran…s Latina magis voce, volumina, ſive Chartas volubiles appell… la complicatis enim & involutis Chartis habebant olim quae ad divinam ſpectant Scripturam Quemadmo…um etiam … Iudaei plurima habent.
If then all our parchment Membranaes, Rolls, Records, muſt be burnt, Hugh Peters and his good Magiſtrate, to accompliſh this good Work muſt firſt burn the old original parchment Membranaes & Rolls of the Old and New Teſtament (the ancienteſt of all others) which St. Paul was ſo carefull to preſerve, and then thoſe of the Kingdom next; And whether this will be a Good or christian work, for a Good or chriſtian Magiſtrate or Miniſter, let all ſober men reſolve: ſeeing it will totally deprive us of all ſacred all civil Antiquities and Records, and be matter of greateſt rejoycing advantage to our common Romiſh Enemies and the Jeſuites the original projectors of this infernal …eſuitical deſigne and practice, as Ludovicus Lucius Hiſt. Ieſuiticae l. 1. c. 6. p. 144. manifeſts & records.
What therefore our Saviour himſelf concludes of old Wine, that will all learned, diſcreet, ſage men determine of our good old Engliſh Laws, Liberties, Records compared with Hugh Peters and others New Models, Instruments, papers relating to the publike.
Lu. 5. 39. No man having drunk Old Wine ſtreightway deſireth New for he ſaith the Old is better.
FINIS.