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Adama, the third daughter, was married to Henry Hast- EDings, by whom she had John Hastings, the third compe- K. of Eng. titor.
To draw towards the conclusion; Bruce's claim was re- Hastings' jected, partly because he had altered his plea, and contra- and Bruce's title rejectdicted the first ground of his title. For in his first claim he ed, and why. insisted upon the whole kingdom, and owned the crown of Scotland impartible, and that it could descend only to a single heir.
John Hastings likewise, insisting upon a third part of the kingdom, had his title set aside. The reason of these two competitors pleading the right of a third share was, because all the lands, tenements, fees, liberties, demesnes, and honours, that were holden of the crown of England in capite, were partible. From hence they inferred that the homage and service due from the king of Scotland to the crown of England, proved the crown of Scotland under the direction of the English common law, and, by consequence, partible.
This plea, after a thorough debate, was unanimously set aside by the prelates, barons, and great men of both kingdoms, who all agreed that the crown of Scotland was only descendable upon a single heir.
Farther; Bruce had another plea more plausible than the former; that is, being son to Isabel, the second sister, he was a degree nearer, though in a collateral line, than John Balliol, who was grandchild to Margaret the eldest daughter in the right line; so that, in short, the controversy turned upon this question; whether the next in blood, though in a collateral line, should not succeed before one more remote in the right line? Now upon a full evidence and examination of the case, it was found agreeable to the laws and customs of both kingdoms, that in an impartible inheritance, the more remote in the first or direct line, ought to be preferred to one nearer in the second, or collateral line. Upon this ground, the crown was adjudged to John Balliol, who, upon his being put into possession, by the king of England, took an oath of homage to that prince. Id. p. 588, But at the close of this argument, the reader may take 589,590, notice, that the king of England carried his claim to the sovereignty of Scotland no farther than the demand of
PECHAM, homage, and the consequent incidents: from whence it will Abp. Cant, follow, that provided these services were paid, the kingdom of Scotland was still independent, as to government and jurisdiction, though as to tenure, it must be reckoned a fief of Id. p. 601. the English crown.
A. D. 1290. The Jews banished
To return to England: about this time, the king set forth a proclamation for all the Jews to depart the kingdom. This proclamation was published at Midsummer, and the time fixed for their departure was All-Saints' day next ensuing. The reason of their banishment, was partly the heterodoxy of their religion, and partly their impoverishing the Christians by excessive usury.
It is the opinion of a learned lawyer, that the Jews were only prohibited the practice of usury: that this amounted to banishment by implication, because they could not live withCoke Instit. out this liberty of turning the penny.
fol. 506, 507.
But historians who lived in this reign, inform us, that if Judaismo. any Jews were found in England after All-Saints' day, mentioned in the proclamation, they were to forfeit all their Wikes effects; and, as Wikes relates it, their lives too. This baChronic. p. nishment was perpetual; for, under the penalties above
nal. Waver- mentioned, they were never to return.
ley, p. 242.
To say something farther of this people: the Jews, as has been observed, being encouraged by the Conqueror and William Rufus, transported themselves in great numbers out of Normandy, and settled in Cambridge, Bury, Norwich, Lynn, Stamford, Northampton, Lincoln, York, and elsewhere. But their principal settlement was in London, where they had their grand synagogue at the north corner of the Old Jewry, opening into Lothbury. After their expulsion, their synagogue was granted to the friars De Stow's Sur- Pœnitentia Jesu, and, in Stow's time, it was turned into the vey of Lon- Windmill tavern. don, p. 288.
The state of To secure the Jews in their interest and property, the their civil king gave them a civil superintendent, called the Justicer and spiritual govern- of the Jews. His business was to protect them from opment. pression; to decide all controversies between them and the See above, Christians; to keep the seal of their corporation, and the
tut. of Mer- keys of their publick treasury. These justicers, though alton. ad An. ways Christians, are sometimes complained of, as has been
already observed, for their partiality to the Jews, and for
screening them by prohibitions from the process of ecclesiastical courts.
EDWARD I. K. of Eng.
don, p. 288,
As for their spiritual government; they were all under one high priest, who had his patent from the crown, but this has been already related. It has been the opinion of some, that the Jews were not permitted to purchase lands in England; but this is a mistake: for Benomy Mittan, a Stow's SurJew, was seized of a considerable estate in land and houses vey of Lonin Bassishaw, and several other parishes in London: how 289. ever, being generally hated, and not upon an equal footing of privilege with the English, they commonly put out their money to interest: this way of management turning to the best account; making their estates less subject to discovery, and more at command in case they should be obliged to quit the country.
During their stay in England, they frequently met with a The rigours great deal of severity and rough usage: sometimes they they were were miserably squeezed by the government; and some- treated. times the people took their revenge upon them at discretion. Ibid. It must be said, the rigours with which they were treated, were often pushed too far, which, without doubt, was not the way to bring them over to the Christian religion. It is true, king Henry III. built a house in Chancery Lane, for converted Jews, and allowed them a pension for their mainte- Domus nance. This house is now the office of the rolls. Farther, rum. they had other great encouragements to turn Christians: And the enfor baptism, was, as it were, a pardon for all former crimes; ments they thus, one Elias Bishop, a Jew of London, who was charged Christians. with poisoning several gentlemen, brought evidence of his being baptized, upon which, the prosecution was waived, and he escaped the justice of the law.
To return to the proclamation of Edward I. This order Angl.p.982. was so strict in the penalty, that the Jews drew all their effects together, and prepared themselves to embark at the day appointed; their number was upwards of fifteen thousand; they went on board at the Cinque Ports. And here, Wikes Wikes tells us, it was commonly reported that when they Chronic. were on their voyage, the seamen plundered them, cut the throats of a great many, and threw them into the sea; for which several of the crew were executed for murder and piracy at their return. To conclude, the parliament gave
PECHAM, the king a fifteenth for his banishing the Jews, which is a Abp. Cant, sign they were very willing to be rid of them.
Pecham, archbishop of Canterbury,
Two years forward, John Pecham, archbishop of CanterThe death of bury, departed this life. To what has been said of him already we may add something with reference to his birth and education. He was extracted from a very private family in Sussex. He studied at Oxford where he turned Franciscan, and afterwards succeeded Kilwarby, in the provincialship of that order. From Oxford he travelled to Paris, where he studied divinity: and from thence removed to Lyons for farther improvement in the civil and canon law. At last, he settled at Rome, and was made auditor of the chamber by pope Nicholas, in which post he continued till his promotion to the archbishoprick of Canterbury. He had several disputes with the king about the rights and privileges of his see. The freedom and resolution of his defence disobliged the court to that degree, that he was sometimes upon the verge of being banished; however, he held out his time, and died at Mortlake. He raised his family to the degree of gentlemen, and built a college at Wingham, which, at the dissolution of the abbeys, was seized of an endowment to the value of eighty-four pounds per annum. He was a prelate of considerable learning, particularly in the civil and canon law. He wrote comments upon several books of the Scripture, and many other tracts too long to mention.
A. D. 1292.
21 Ed. I.
Rot. 53. Spelman. vol. 2. p.
To proceed: It appears by a record, that the judges did not use to go the circuit from Septuagesima till after Easter, without a license, or dispensation from the archbishop of the province: for, by the canons of the Church, the secular magistrate could not compel any person to make oath for the trying of any cause within that time; it being the design of the Church that all suits and contests should sleep, that people might be the better prepared to perform the devotions of the holy season. However, in some cases, it was thought fit to relax the canon, and give justice a free course. Thus John, archbishop of York, gave sir Hugh Cressingham, and the rest of the king's judges for the northern circuit, a license to hold the assizes at York, between Septuagesima and the beginning of Lent.
After the see of Canterbury had been vacant almost two
years, Robert Winchelsey was elected by the monks of EDChrist's Church, the king approving the election. To say K. of Eng. something of him before his entrance upon this office. As Winchelsey for his family, historians have left us nothing. His first edu- elected cation was at Canterbury, where the advantages of his per- of Canterson, parts, and behaviour, gave great expectations of his bury. making a figure. In his youth, he travelled to Paris, where he improved himself in humanity, logick, &c.; and afterwards made a great progress in divinity. In short, he was no less commended for his improvement in letters, than for the regularity of his life, and the obligingness of his temper; insomuch, that at last he was unanimously chosen rector of that university. This office he discharged to great satisfaction, afterwards he returned to Oxford, where his preaching and publick disputations gained him a great reputation. And here it was he commenced doctor in divinity; and having the character of a man of conduct and experience, and one that understood business as well as books, he was chosen chancellor of the university. In this post he was very serviceable to the interest and credit of the university, made several useful provisions, and suppressed several ill customs. He was afterwards made archdeacon of Essex and prebendary of St. Paul's. He resided constantly upon his prebend, expounded the Holy Scriptures every day in the church, and was very frequent in his performances in the pulpit: and as for his archdeaconry, he managed his jurisdiction with that prudence, temper, and justice, that everybody was pleased with him. Being thus remarkable for capacity, learning, and morals, his character reached the court, and gained him the esteem of the king and the nobility; and thus his election passed with general approbation: neither was he less admired in Italy than at home, for when he went to Rome to be confirmed, pope Celestine and his court were so much taken with his learning and good qualities, that they designed to make him a cardinal and keep him at Rome. But Winchelsey pressing his return to the see of Canterbury, the pope was satisfied Angl. Sacr. with his reasons, consecrated him, and gave him the pall. pars 1. p. 11. et deinc.
While the archbishop was absent, a parliament met at Antiquit. Westminster. And here the king demanded of the clergy, Winchelhalf the profits of their revenues for one year. This was sey.