V.--THE BEGINNING OF EDWARD’S POLICY OF RESTRICTION.

When the Civil War was over, the position of the King’s son Edward

as, on the one hand, the sworn friend of the lower baronage, and, on

the other hand, the leader of the Council and the most powerful man

in England,[54] made it impossible that the Jews should continue to

carry on their business under the royal protection as they had hitherto

done. And Edward’s personal character and political ideals were such

as to make him execute with vigour the policy towards the Jews that

was forced on him by his relations with the lower baronage. He was a

religious prince, one who could not but feel qualms of conscience at

seeing the “enemies of Christ” carrying on the most unchristian trade

of usury in the chief towns of England. He was a statesman, the future

author of the Statutes of Mortmain and _Quia Emptores_, and he wished

to see the work of the nation performed by the united action of the

nation, and its expenses met by due contributions from all the National

resources. But in so far as the Jews had any hold on English land they

prevented the realisation of this ideal. Sometimes they took possession

of land that was pledged to them, and then the amount of the feudal

revenue and the symmetry of the feudal organisation suffered, though

the King might gain a great deal in other ways;[55] very often they

secured payment in money of their debts by bringing about an agreement

for the transfer to a monastery of the estates that had been pledged

to them as security,[56] and then the land came under the “dead hand”;

sometimes they contented themselves with a perpetual rent-charge,[57]

and then it would be hard, if not impossible, for the struggling debtor

to discharge his feudal obligations.[58]

The indebtedness of the Church must have shocked Edward’s sympathies

as a Christian, just as much as the indebtedness of the lay

landholders thwarted his schemes as a statesman. For the condition

of ecclesiastical estates was indeed deplorable. They had begun to

fall into debt in the twelfth century, no doubt in consequence of

the expense that was necessary for the erection of great buildings,

and their debts had gone on growing, partly in consequence of bad

management, partly through the necessity of fulfilling the duties of

hospitality by keeping open house continually, partly through the

exactions of the Pope and the King. The Bishop of Lincoln pledged the

plate of his cathedral, the Abbot of Peterborough the bones of the

patron-saint of his Abbey; at Bury St. Edmunds each obedientiary had

his own seal, which he could apply to bonds which involved the whole

house; and loans were freely contracted which accumulated at 50 per

cent.[59] Hence in the thirteenth century Matthew Paris wrote that

“there was scarcely anyone in England, especially a bishop, who was

not caught in the meshes of the usurers.”[60] “Wise men knew that

the land was corrupted by them.”[61] The literary documents of the

latter half of the century fully confirm these accounts. The See of

Canterbury was weighed down with an ever-growing load of debt when

John of Peckham first went to it.[62] The buildings of the cathedral

were becoming dilapidated for want of money to repair them.[63]

Those of the neighbouring Priory of Christ Church were in an equally

bad state, and its revenue was equally encumbered.[64] The bishop

of Norwich was so poor that in spite of the extortions regularly

practised by his officials, he had to borrow six hundred marks from

the Archbishop of Canterbury.[65] The Bishop of Hereford had been

compelled to seek the intervention of Henry III., in order to obtain

respite of his debts to the Jews.[66] The Abbey of Glastonbury was

weighed down by “immeasurable debts,” and, in order to save it from

further calamities, the Archbishop had to order a reorganisation of

expenditure so thorough as to include regulations concerning the number

of dishes with which the abbot might be served in his private room.[67]

The Prior of Lewes asked permission to turn one of his churches from

its right use, and to let it for five years to any one who would hire

it, in order that he might thus get together some money to help to pay

off what the priory owed.[68] The Church of Newnton could not afford

clergymen.[69] Even the great Monastery of St. Swithin’s, Winchester,

in spite of the revenue that its monks drew from the sale of wine and

fur and spiceries, and from the tolls paid by the traders who attended

its great annual fair, was always in debt, sometimes to the amount of

several thousand pounds.[70] Except in the cutting down of timber and

the granting of life annuities in return for the payment of a lump sum,

the religious houses had no resources except the money-lenders.[71]

They borrowed from English usurers, from Italians, from Jews, and from

one another.[72]

If the lay and ecclesiastical estates of England were to be freed from

their burdens, heroic measures were necessary. The barons had done

their part in the work by carrying off or destroying such bonds as they

could find. But the financial revolution, to be effective, must be

carried out by due process of law.

When, on the restoration of tranquillity, the Council under Edward’s

influence began its attempt to redress the grievances against which the

barons had been fighting, the first measure in the programme of reform

was one for the relief of the debtors of the Jews. Any interference

with Jewish business would, of course, entail a loss to the Royal

Exchequer, and, honest and patriotic as Edward was, his poverty was so

great that he could not afford to sacrifice any of his resources. But

the exhausting demands that the King had made on the Jews in the time

of his difficulties, and the terrible destruction of their property

that had taken place during the war, must have so far diminished the

revenue to be derived from the Jews as to make the possible loss of it

a far less serious consideration than it would have been twenty years

earlier. Accordingly, at the feast of St. Hilary in 1269, a measure,

drawn up by Walter of Merton, was passed, forbidding for the future the

alienation of land to Jews in consequence of loan transactions. All

existing bonds by which land might pass into the hands of Jews were

declared cancelled; the attempt to evade the law by selling them to

Christians was made punishable with death and forfeiture; and none to

such effect was to be executed in future.[73]

But this was only a slight measure compared with what was to follow.

The Jews might still acquire land by purchase, and needy lords and

churches, when forbidden to pledge their lands, were very likely,

under the pressure of necessity, to sell them outright. Already the

Jews were “seised” of many estates,[74] and, according to the story of

an ancient historian,[75] they chose this moment to ask the King to

grant them the enjoyment of the privileges that regularly accompanied

the possession of land, viz., the guardianship of minors on their

estates, the right to give wards in marriage, and the presentation

to livings. Feudal law recognised the two former privileges, and the

Church recognised the latter,[76] as incidental to the possession of

real property. It was strange, however, that the Jews should present

a demand for new social privileges of this kind to a council that had

already shown its determination to deprive them of their old legal

rights; and it was only natural that the churchmen should take the

opportunity of denouncing their “impious insolence.” Certain of the

councillors were at first in favour of granting the Jews’ request; but

a Franciscan friar, who obtained admittance to the Council, pleaded

that it would be a disgrace to Christianity, and a dishonour to God.

The Archbishop of York, and the Bishops of Lichfield, Coventry, and

Worcester were present, and argued that the “perfidious Jews” ought to

be made to recognise that it was as an act of the King’s grace that

they were allowed to remain in England, and that it was outrageous

that they should make a demand, the granting of which would allow

them to nominate the ministers of Christian churches, to receive the

homage of Christians, to sit side by side with them on juries, assizes

and recognitions, and perhaps ultimately to come into possession of

English baronies. Edward and his equally religious cousin, the son of

Richard, King of the Romans, were present at the council to support the

argument of the Bishops,[77] and not only were the original requests

refused, but the Jews were now forbidden by the act of the King and his

Council to enjoy a freehold in “manors, lands, tenements, fiefs, rents,

or tenures of any kind,” whether held by bond, gift, enfeoffment,

confirmation, or any other grant, or by any other means whatever. They

were forbidden to receive any longer the rent-charges which had been

a common form of security for their loans. Lands of which they were

already possessed were to be redeemed by the Christian owners, or in

default of them, by other Christians, on repayment without interest of

the principal of the loan in consequence of which they had come into

the hands of the Jews. In the interest of parochial revenues, Jews were

forbidden to acquire houses in London in addition to those which they

already possessed.[78]

The expulsion of the Jews from England in 1290 · 第 13 / 22 题