specified in this Act, to the Cognizance of the Common-Law, according to the
known and common Maxime, Exceptio firmat regulam in non exceptis. How∣ever,
for many years after there was constant heaving and shoving betwixt
the two Courts. And, as there are certain lands in the Marches of England and
Scotland (whilest distinct Kingdomes) termed Battable-grounds, which may give
for their Motto, not, Dentur justiori, but, Dentur fortiori, for alway the
strongest sword for the present possessed them: So in controversial cases to
which Court they should belong, sometimes the Spirituality, sometimes the
Temporality, alternately seized them into their Jurisdiction, as power and fa∣vour
best befriended them. But generally the Clergie complained, that, as
in the blending of liquors of several colours, few drops of red will give tin∣cture
to a greater quantity of white, so the least mixture of Civil concernment
in Religious matters, so discolourated the Christian candor and purity thereof,
that they appeared in a temporal hue, and under that notion were challenged
to the Common-Law. Sad, when Courts that should be Judges, turn them∣selves Plaintiffs and Defendents, about the bounds of their Jurisdiction.
32. We long since mentioned the first coming in of the Jews into England
(brought over by William the Conqueror) and now are come this year to their
casting out of this Kingdome; having first premised some observables con∣cerning
their continuance therein. If hitherto we have not scattered our Hi∣story
with any discourse of the Jews, know it done by design: that as they
were enjoyned by our Laws, to live alone in streets by themselves (not mix∣ing
in their dwellings with Christians) so we purposely singled out their sto∣ry,
and reserved it by it self, for this one entire relation thereof.
33. They were scattered all over England. In Cambridg, Bury, Nor∣wich,
Lin, Stanford, Northampton, Lincoln, York, and, where not? But their
principal aboad was in London, where they had their Arch-Synagogue at the
North corner of the Old-Jury, as opening into Lothbury. After their expul∣sion,
their Synagogue was turned into the Covent of the Friers of the Sack, or,
De Poenitentia Jesu; and after their supression, it became successively the
house, first of a Lord, then of a Merchant; since of any man for his money,
being turned into a Tavern, with the sign of the Wind-mill. A proper sign
to express the moveableness of that place, which with several gales of success,
hath been turned about, from so many owners, and to so many uses.
34. As for the civil government of Jews in England, the King set over
them one principal Officer, called the Justicer of the Jews, whose place in honor
was next to the Barons of the Exchequer. His office was to be the Patron & Pro∣tector
of the Jews in their just rights, to decide all suits betwixt Christians and
them, and to keep the seal of the Jews their Corporation, with the keys of their
Treasury; I conceive of such moneys as they paid as Tribute to the King:
otherwise the Jews had age enough to keep the Keys of their own coffers
themselves, and wit too much to trust them with others. Sr Robert de Hoo,
and Sr Philip Luvel (afterward Treasurer of England) men of signal Nobility,
successvely discharged this place. These Justicers often acted very high in
defence of their Clients, the Jews; insomuch as I finde it complained of
by the English Clergy, as a great grievance; that, when a Jew was con∣vented
before the Ecclesiastical Judg, for his misdemeanours (as Sacriledg,
violence offered to some Priest, adultery with a Christian woman, &c.)
their own Justicer would interpose, and, by a Prohibition obtained from the
King, obstruct all legal proceedings against such a Jew, as onely responsible
in his own jurisdiction.
35. In their spiritual government they were all under one Pontifex, or
High Priest. We finde his name was Elias, who Anno 1254. had that office.
He was also called the Presbyter of the Jews, whose place was usually con∣firmed
at least, if not constituted by the King, who by his Patent granted
the same, as may appear by this copie of King Johns, as followeth.