The Palgrave Dictionary of Medieval Anglo-Jewish History

J. Hillaby

• Publisher: Palgrave Macmillan
• Year: 2013
• ISBN:
  9781137308153
• Topic: Storia
• Subtopic: Storia britannica

Using a wide range of rich original sources, this unique reference guide provides a remarkable picture of England's medieval Jewry. Following an extensive introduction, the dictionary includes illustrations, maps, and over 40 topographic, 30 biographic and 80 general entries, including texts of key legislation.

Dictionary of Medieval Anglo-Jewish History

Statutory and other Key Documents

c.1136-post1138, Leges Edwardi Confessoris, the Laws of Edward the Confessor

Chapter 25 of the Leges provides the first documentary evidence of the relationship of the English Jewry to the Crown. It reads:

It should be known that all Jews ... ought to be under the guardianship and protection of the lord king; nor can any one of them subject himself to any wealthy person without the licence of the king, because the Jews themselves and all their possessions are the king’s. But if someone detains them or their money, the king shall demand [them] as his own property if he wishes and is able.

The Leges purport to be an expression of the Confessor’s laws as practised in the mid twelfth century. The earliest manuscripts have been examined by O’Brien, who has identified two versions. The alpha, which refers to the Jews ‘wherever they are in the kingdom’, he dates to ‘ca. 1136?’; the beta, referring to them ‘in whichever kingdom they may be’, to ‘after 1138?’ O’Brien believes that the Leges were most likely inspired by Stephen’s 1136 Charter of Liberties for the Church, as common ground is extensive. Hence the suggested dates, for their author had not only a keen interest in local administration, but also ‘a precocious knowledge of the legal position of the Jews’. O’Brien makes a strong case for their being compiled at *Lincoln.

O’Brien points out that the ‘tentative and conditional language’ of both versions as to the nature of royal control of the Jewry

may imply that, whilst the king could profit from his control of the Jews, so too could his barons, lay and ecclesiastical, and that this is exactly what was happening. Jews were moving out of London and out of royal supervision and establishing relationships of protection and benefit with local magnates,

as seigneurial Jewries. The political conditions of Stephen’s reign permitted the foundation of England’s first *provincial Jewries. There is evidence of Jews in *Oxford by 1141, *Norwich, with the boy William murder accusation, in 1144, *Cambridge in the same year, and *Winchester prior to 1148.

Howden records a later version, c.1180. William I, he tells us, ‘consulted the country as to the ancient customs’, a reference to the Laws of Edward the Confessor. Chapter 25 effectively repeats the alpha version, but ends, ‘the king shall claim their money as his own’, without the qualifying phrase, ‘if he wishes and is able’.

O’Brien (1999), 96–7, 184–5; Howden, Annals, 1 (1853), 553

1164, Constitutions of Clarendon

Clause 15 states: ‘Pleas concerning debt which are owed on pledged faith or without pledge of faith are to lie within the jurisdiction of the king’.

As Warren points out, such

royal interest in pleas of debt may ... be presumed to have derived considerable impetus from the peculiar relations of the Crown and the Jews ... The Crown therefore not only extended to them its especial protection but also had an interest in debt collection on behalf of moneylenders – an interest which the local courts might not have shared with the same enthusiasm.

Early *pipe rolls show Jews offering payments ‘that the king might help them concerning their debts’.

Stubbs (1951), 167; Warren (2000), 546–7; EHD, 2 (1981), no. 126

1177, Jewish Provincial *Cemeteries authorised

Roger of Howden records that in 1177 Henry II granted

to the Jews in his dominions to have a burial ground for each city of England, without the walls of the said cities, wherever they could, for a reasonable sum and in a convenient situation, purchase a place for the burial of their dead. Before this all Jews who died were carried to London to be buried.

Howden’s report that *Benedict of York was refused burial by both Christians and Jews in 1189 suggests that there was a Jewish cemetery at Northampton by this time. The earliest firm evidence of a provincial cemetery is at Norwich in 1200.

Henry’s grant represents the coming-of-age of the English *provincial Jewries. The expulsion returns and other sources identify cemeteries at *Bristol, *Lincoln, Northampton, *Norwich, *Oxford, Winchester, York and possibly *Canterbury, *Stamford and *Worcester.

Howden, Annals, 1 (1853), 458

1181, Assize of Arms

This stipulated the military equipment that each man should have according to his rank and wealth. Article 7, however, stated that:

No Jew is to keep in his possession a cuirass or hauberk, but he is to sell the same or give them away, or in some other manner dispose of them but so they continue to be used in the service of our lord the king.

Howden, Annals, 2 (1853), 9; Stubbs (1951), 183; EHD, 2 (1981), no. 27

1190, Richard I’s Charter of Liberties for the English and Norman Jewries

This was granted on 22 March 1190 to Isaac, eldest son of Rabbi Josce, who had moved to *Rouen following the September attack on the London Jewry.

Richard, by the grace of God, and so on.

[1] Know that we have granted and ... confirmed for Isaac son of *Rabbi Josce, his sons and their men all customs and all liberties, just as the Lord King Henry [II] our father granted and confirmed in his charter to the Jews of England and Normandy, namely the right:

[i] to reside in our land freely and honourably;

[ii] to hold from us all things which the aforesaid Isaac and his children held at the time of our father King Henry in lands, fiefs, pledges, gifts and purchases, that is ‘Hame’ [unidentified] which our father King Henry gave them for their service, and Thurrock [Essex], which Isaac purchased from Earl Ferrers, and all the houses, properties and pledges which Isaac and his sons had in our land at the time of our father King Henry.

[2] If a dispute arise between a Christian and Isaac or any of his children or heirs, he who summons the other to answer his complaint shall provide the witnesses to prove the matter, namely a law-worthy Christian and a law-worthy Jew.

[3] If Isaac, his heirs or his children shall have a writ concerning the dispute, the writ shall serve them as witness; if a Christian shall have a dispute against the aforesaid Jews, it must be judged by the peers of the Jews.

[4] [i] If any of the aforesaid Jews shall die, his body shall not be kept above ground. Let his heir have his money and his debts. In that way he will not be disturbed, if he has an heir who can answer for him and redress his debts and forfeits.

[ii] The aforesaid Jews may accept and buy whatever is brought to them, except things belonging to the Church and bloodstained garments.

[5] If they be summoned by anyone without a witness, they shall be acquitted by their oath upon their book [of the Law]. In regard to summons concerning those properties which belong to our Crown, they shall likewise be acquitted by an oath on their roll.

[6] 1f a dispute arises between a Christian and any of the aforesaid Jews or their children about a settlement of any money, the Jew shall prove the principal and the Christian the *interest.

[7] [i] The aforesaid Jews may sell their pledges peacefully, after it is certified that they have held them for a full year and a day.

[ii] They shall not enter into judgment except before us or before those who have custody of those bailiwicks in which the Jews reside and wherever they have been.

[8] They may go wherever they wish with all their chattels, just as our property. None may retain them or deny them these rights.

[9] If a Christian debtor dies owing money to a Jew, and has an heir, during the minority of the heir, let not the Jew be disturbed of his debt, unless the heir’s land is in our hands.

[10] [i] We order that the Jews be acquitted, throughout all England and Normandy, of all customs and tolls and prisage of wine, as our own property.

[ii] We order and command you that you guard and defend and protect them.

[iii] We forbid anyone, on pain of forfeiture, from bringing the aforesaid Jews to court concerning the above.

Fœdera, li, 51; Jacobs (1893), 134–8; Roth (1938), 6–8; Chazan (1980), 67–9; Brand (2000), 1138–9; Richardson (1960), 109–12

1194, Form of Proceeding in Pleas of the Crown, including Articles about the Jews, Capitula Iudeorum (Cap 24)

Archbishop Hubert Walter, Richard I’s justiciar 1193–98, introduced these measures to ensure, amongst other things, the safekeeping and regulation of Jewish bonds, and to inform the Crown of the resources of the Jewry. For Clanchy this ‘provided the first public archives and official writers’. However, it was ‘primarily concerned ... with taxing the Jews and their transactions as thoroughly as possible’. Cap 9 refers to ‘killers of Jews’; ‘all the pledges and debts of Jews killed are to be taken into the king’s hands; those present at the killing who have not made fine ... are to be taken and not liberated except by the king or his justices’. Cap 15 refers to ‘deceased usurers and their chattels’.

Stacey has recently argued that:

the creation of the archae system in 1194 and the emergence of the Jewish exchequer in 1198 were less directly responses to the massacres of 1189–90 than has sometimes been suggested ... [but] are better understood as reflections of an increasingly aggressive royal claim to exercise exclusive lordship over all the Jews of the kingdom.

Cap 24, Articles about the Jews

All debts, pledges, lands, houses, rents and possessions of Jews are to be enrolled. Any Jew who conceals any of these things shall forfeit to the king his body and ... all his possessions and chattels.

Let six or seven places be appointed at which Jews shall make their loans, and two lawful Christians, two lawful Jews and two lawful scribes be appointed; and in their presence ... let such loans be made, and let a deed describing the loan be made ... One part shall remain with the Jew, sealed with the seal of the borrower, while the other part shall remain in the common *chest, on which there shall be three locks, of which the two Christians are to keep one key, the two Jews another, and the clerks the third; and those who have the keys shall apply their seals. The clerks are to have a register containing copies of all deeds. For each deed shall be paid three pence, a moiety by the Jew and a moiety by the borrower; the two scribes shall have two pence and the keeper of the register the third. No loan shall be made, no payment made to Jews, no alteration of the deeds, except in the presence of the aforenamed. The two Christians, two Jews and keeper of the register are to have a roll of receipts.

Every Jew shall swear upon his roll [Scroll of the Laws?] that he will cause all his debts, pledges, rents, and all his property and possessions to be registered, that he will not conceal anything; but shall secretly disclose anyone who has concealed anything, forgers of deeds and clippers of money, when he knows of such persons.

The Articles refer to a ‘deed’ providing details of the loan. In practice *tallies were used. The *1233 Statute amended procedures, seeking to ban the tally and enforce the *chirograph.

EHD, 3 (1995), no. 15; Howden, Annals, 2 (1853), 338; Stacey (2013); ODNB, ‘Hubert Walter’; Wykes, 42–3; Richardson (1960), 118–20; Cramer (1941); Clanchy (1993), 71–2

1201, John’s Charters of Liberties

John issued two charters on 10 April 1201. In the first he granted to all Jews of England and Normandy that:

[1] they may reside freely and honourably in our land, and hold of Us all things that they held of King Henry [I], our father’s grandfather, and all that they rightfully hold in lands, fees, gages and purchases;

[2] they may have all their liberties and customs as they had them in the time of the said King Henry, in better and more peaceful and honourable enjoyment.

This charter then effectively repeats Clauses 2–8 and 10 of Richard I’s *1190 Charter of Liberties, omitting Clause 9, concerning the debts of a deceased Christian during the minority of his heir. Stacey draws attention to the different wording of Clause 7, that Jews ‘shall not enter into judgment except before us ...’ Richard’s charter continues ‘or before those who have charge of those lands in which the Jews reside or where the Jews might be’, whereas John’s reads ‘or before those who have custody of our castles, in whose bailiwicks the Jews live’. For Stacey this signifies John’s claim to ‘an exclusive legal jurisdiction over Jews’.

In 1249 and 1271 Henry III ‘inspected and confirmed’ this charter ‘in favour of the Jews of England and Normandy’.

To ‘our Jews in England’ John confirmed in 1201 that:

1. The breaches of right that shall occur among them be examined and amended amongst themselves according to their Law, so that they may administer their own justice amongst themselves, except such as pertain to our Crown and Justice, as touching homicide, mayhem, deliberate assault, housebreaking, rape, larceny, arson, and treasure (trove).

2. As often as any of them shall have appealed another touching a cause of action which pertains to them, We will compel none to give evidence in favour of one against another; but if the appellor shall have a lawful and fit witness, let him bring such witness with him.

3. But if there shall have occurred among them some matter of a heinous character and notorious, pertaining to our Crown or Justice, as one of the said Pleas of the Crown, though appellor thereof there be none among them, We will make inquest to be had touching that cause by our lawful Jews of England, as the Charter of our father, King Henry [II], rightfully witnesses.

For this charter the Jews of England offered a fine of 4000 marks.

Rot Chart, 93; Rigg (1902), xxi, 1–2; Richardson (1960), 109–12, 176; Brand (2000), 1138–9; Stacey (2013); CChR, 1249, 347, & 1271, 164

1210, General Captivit...

Table of contents

• Cover
• Title Page
• The English Medieval Jewry, c.1075-1290: An Introduction
• Dictionary of Medieval Anglo-Jewish History
• Appendix: Contributions of individual Jewish communities to the tallages of 1194,1221 and 1239-42
• Bibliography