Exchequer of the Jews
Encyclopedia
The Exchequer of the Jews (Latin: Scaccarium Judaeorum) was a division of the Court of Exchequer
at Westminster, which recorded and regulated the taxes and the law-cases of the Jews in England
. It operated from the late 1190s until the eventual expulsion of the Jews
in 1290.
(died 1186), which needed a treasurer and clerk to look after it, so that a separate "Aaron's Exchequer" was constituted. The riots following Richard I
's accession showed the danger such property was liable to if no record was kept of the debts owing to the Jews. Accordingly Richard in 1194 ordered that duplicates should be taken of all Jewish debts and kept in this or in other central repositories: All the debts, pledges, mortgages, lands, houses, rents, and possessions of the Jews shall be registered... no contract shall be made with, nor payment, made to, the Jews, nor any alteration made in the charters, except before the said persons.
It was soon afterward found necessary to have a centre for the whole of the Jewish business, and this was attached to the Exchequer of Westminster
and called the "Exchequer of the Jews". The first recorded mention of this is in 1200, when four "justices of the Jews" are named, two of them being Jews, Benjamin de Talemunt and Joseph Aaron. These justices had the status of barons of the Exchequer, and were under the treasurer
and chief justice
. They were assisted by a clerk and escheator; Jews might hold these offices, but, excepting the two mentioned above, none ever became justice of the Jews. The justices were aided in their deliberations by the presbyter judaeorum
(chief rabbi), who doubtless assisted them in deciding questions of Jewish law which may have come before them.
s (comprising one-third of the estate of a deceased Jew), escheat
s (forfeited to the king for capital offenses), fines
(for licenses and concessions), and tallage
s, or general taxes applied for arbitrarily by the king.
In connection with the tallage, the justices periodically ordered a "scrutiny" of the lists of the debts contained in the archae or chests in which Jewish chirograph
s and starrs
were preserved in each regional centre. Each chest had three locks, with one set of keys held by two designated Jews, one set by two designated Christians, and the third by two royal clerks; so they could only be opened if all three acted together. The chests themselves, or more frequently the lists held by the royal clerks of the debts contained in them, were sent up for "scrutiny" to Westminster, where the justices would report to the king as to the capability of the Jewry to bear further tallage. In the middle of the thirteenth century the number of such archae was reduced to twenty-five. Arrears of tallage were continually applied for, and if not paid the Jew's wife and children were often imprisoned as hostages, or he himself was sent to the Tower and his lands and chattels were distrained.
The Exchequer of the Jews was one of the means which enabled the kings to bring pressure upon the lesser baronage, who therefore claimed in 1251 the right to elect one of the justices of the Jews. These were at first men of some distinction, like Hugh Bigod, Philip Basset
, and Henry de Bath. During the early reign of Henry III
the justices were mainly appointed by Hubert de Burgh, but later on they were creatures of the king's favorites, as in the case of Robert Passelewe. During Edward I
's rule justices held their posts for a very short time, and in 1272 and 1287 they were dismissed for corruption, handsome presents having been made to them, nominally for the use of the king, in order to expedite the legal proceedings. The court did not survive the expulsion
, though cases with references to the debts of the Jews occurred in the year-books up to the reign of Edward II
.
s recording and the starr
s annulling indebtedness to the Jews. It has been suggested that the notorious Star Chamber
received its name from being the depository for the latter class of deeds. The tax-lists for the tallages were made out by the Jewish assistants of the Exchequer, who were acquainted with the financial condition of each Jew on the list; many of these lists still exist. Various pleas entered by Jew or Christian dealt with the rate of interest, its lapse during the minority of an heir, the alleged forgeries of Chirographs, and the like, and were recorded on the plea rolls of the Exchequer. A volume of the more important of these was published in 1902 jointly by the Selden Society
and the Jewish Historical Society of England
.
The latter society has subsequently undertaken publication of a full calendar of the rolls, so far to 1281:
The Selden Society has also produced a volume of contemporary case-summaries in their series The earliest English law reports,
Exchequer of pleas
The Exchequer of Pleas or Court of Exchequer was a court that followed equity, a set of legal principles based on natural law, and common law, in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia during the 1190s, to sit as an...
at Westminster, which recorded and regulated the taxes and the law-cases of the Jews in England
History of the Jews in England
The history of the Jews in England goes back to the reign of William I. The first written record of Jewish settlement in England dates from 1070, although Jews may have lived there since Roman times...
. It operated from the late 1190s until the eventual expulsion of the Jews
Edict of Expulsion
In 1290, King Edward I issued an edict expelling all Jews from England. Lasting for the rest of the Middle Ages, it would be over 350 years until it was formally overturned in 1656...
in 1290.
Origins
The institution appears to have arisen out of the estate left by Aaron of LincolnAaron of Lincoln
Aaron of Lincoln was an English Jewish financier . He is believed to have been the wealthiest man in 12th century Britain; it is estimated that his wealth exceeded that of the King. He is first mentioned in the English pipe-roll of 1166 as creditor of King Henry II for sums amounting to £616 12s...
(died 1186), which needed a treasurer and clerk to look after it, so that a separate "Aaron's Exchequer" was constituted. The riots following Richard I
Richard I of England
Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period...
's accession showed the danger such property was liable to if no record was kept of the debts owing to the Jews. Accordingly Richard in 1194 ordered that duplicates should be taken of all Jewish debts and kept in this or in other central repositories: All the debts, pledges, mortgages, lands, houses, rents, and possessions of the Jews shall be registered... no contract shall be made with, nor payment, made to, the Jews, nor any alteration made in the charters, except before the said persons.
It was soon afterward found necessary to have a centre for the whole of the Jewish business, and this was attached to the Exchequer of Westminster
Exchequer of pleas
The Exchequer of Pleas or Court of Exchequer was a court that followed equity, a set of legal principles based on natural law, and common law, in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia during the 1190s, to sit as an...
and called the "Exchequer of the Jews". The first recorded mention of this is in 1200, when four "justices of the Jews" are named, two of them being Jews, Benjamin de Talemunt and Joseph Aaron. These justices had the status of barons of the Exchequer, and were under the treasurer
Lord High Treasurer
The post of Lord High Treasurer or Lord Treasurer was an English government position and has been a British government position since the Act of Union of 1707. A holder of the post would be the third highest ranked Great Officer of State, below the Lord High Chancellor and above the Lord President...
and chief justice
Lord Chief Baron of the Exchequer
The Chief Baron of the Exchequer was the first "baron" of the English Exchequer of pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who presided in the equity court and answered the bar i.e...
. They were assisted by a clerk and escheator; Jews might hold these offices, but, excepting the two mentioned above, none ever became justice of the Jews. The justices were aided in their deliberations by the presbyter judaeorum
Presbyter Judaeorum
The Presbyter Judaeorum or Presbyter Judæorum was the chief official of the Jews of England prior to the Edict of Expulsion. The office appears to have been for life, though in two or three instances the incumbent either resigned or was dismissed. Prynne, in his "Demurrer" The Presbyter Judaeorum...
(chief rabbi), who doubtless assisted them in deciding questions of Jewish law which may have come before them.
Functions
The Exchequer of the Jews dealt with the lawcases arising between Jews and Christians, mainly with reference to the debts due the former. It claimed exclusive jurisdiction in these matters, but many exceptions occurred. In 1250, pleas of disseizin of tenements in the City of London were handed over to the mayor's court, and at times cases of this kind were brought before the ordinary justices in eyre or the hundred-court. It was before this court of the Jewish Exchequer that in 1257 the trial of Chief Rabbi Elyas of London took place. Moreover, the court assessed the contributions of the Jews to the royal treasury in reliefFine on alienation
A fine on alienation , in feudal law, was a sum of money paid to the lord by a tenant when he had occasion to make over his land to another. It is similar in nature to a relief, a payment made by an heir to the lord to receive his inheritance....
s (comprising one-third of the estate of a deceased Jew), escheat
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
s (forfeited to the king for capital offenses), fines
Fine rolls
The fine rolls record offers of money to the Kings of England for concessions and favours from the 12th to the 17th centuries.In general, a fine is an agreement made with the king, or one of his chief ministers, to pay a certain sum of money for a specified benefit. In some cases the sum of money...
(for licenses and concessions), and tallage
Tallage
Tallage or talliage may have signified at first any tax, but became in England and France a land use or land tenure tax. Later in England it was further limited to assessments by the crown upon cities, boroughs, and royal domains...
s, or general taxes applied for arbitrarily by the king.
In connection with the tallage, the justices periodically ordered a "scrutiny" of the lists of the debts contained in the archae or chests in which Jewish chirograph
Chirograph
A chirograph is the term given to a medieval document, which has been written in duplicate, triplicate or very occasionally quadruplicate on a single piece of parchment, where the Latin word "chirographum" has been written across the middle, and then cut through...
s and starrs
Starr (law)
Starr, or starra, was a term used in pre-14th-century England for the contract or obligation of a Jew. It derives from the Hebrew shetar, document....
were preserved in each regional centre. Each chest had three locks, with one set of keys held by two designated Jews, one set by two designated Christians, and the third by two royal clerks; so they could only be opened if all three acted together. The chests themselves, or more frequently the lists held by the royal clerks of the debts contained in them, were sent up for "scrutiny" to Westminster, where the justices would report to the king as to the capability of the Jewry to bear further tallage. In the middle of the thirteenth century the number of such archae was reduced to twenty-five. Arrears of tallage were continually applied for, and if not paid the Jew's wife and children were often imprisoned as hostages, or he himself was sent to the Tower and his lands and chattels were distrained.
The Exchequer of the Jews was one of the means which enabled the kings to bring pressure upon the lesser baronage, who therefore claimed in 1251 the right to elect one of the justices of the Jews. These were at first men of some distinction, like Hugh Bigod, Philip Basset
Philip Basset
Philip Basset was the Justiciar of England.Philip was the son of Alan Basset of High Wycombe in Buckinghamshire and his wife, Alice, the daughter of Stephen Gray. He inherited the manor of Wycombe and served as the Justiciar of England between the two terms served by his son-in-law, Hugh le...
, and Henry de Bath. During the early reign of Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
the justices were mainly appointed by Hubert de Burgh, but later on they were creatures of the king's favorites, as in the case of Robert Passelewe. During Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
's rule justices held their posts for a very short time, and in 1272 and 1287 they were dismissed for corruption, handsome presents having been made to them, nominally for the use of the king, in order to expedite the legal proceedings. The court did not survive the expulsion
Edict of Expulsion
In 1290, King Edward I issued an edict expelling all Jews from England. Lasting for the rest of the Middle Ages, it would be over 350 years until it was formally overturned in 1656...
, though cases with references to the debts of the Jews occurred in the year-books up to the reign of Edward II
Edward II of England
Edward II , called Edward of Caernarfon, was King of England from 1307 until he was deposed by his wife Isabella in January 1327. He was the sixth Plantagenet king, in a line that began with the reign of Henry II...
.
Deeds and cases
The deeds entered in the Jewish Exchequer were mainly the chirographChirograph
A chirograph is the term given to a medieval document, which has been written in duplicate, triplicate or very occasionally quadruplicate on a single piece of parchment, where the Latin word "chirographum" has been written across the middle, and then cut through...
s recording and the starr
Starr (law)
Starr, or starra, was a term used in pre-14th-century England for the contract or obligation of a Jew. It derives from the Hebrew shetar, document....
s annulling indebtedness to the Jews. It has been suggested that the notorious Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
received its name from being the depository for the latter class of deeds. The tax-lists for the tallages were made out by the Jewish assistants of the Exchequer, who were acquainted with the financial condition of each Jew on the list; many of these lists still exist. Various pleas entered by Jew or Christian dealt with the rate of interest, its lapse during the minority of an heir, the alleged forgeries of Chirographs, and the like, and were recorded on the plea rolls of the Exchequer. A volume of the more important of these was published in 1902 jointly by the Selden Society
Selden Society
The Selden Society is the only learned society to be devoted to the study of English legal history.The Society was founded in 1887 by FW Maitland. The main activity of the Society is publishing historical records of English law. Since the society's inception, a volume of interesting and important...
and the Jewish Historical Society of England
Jewish Historical Society of England
The Jewish Historical Society of England was founded in 1893 by several Anglo-Jewish scholars, including Lucien Wolf, who became the society's first president. Early president of the JHSE included Hermann Adler, Joseph Jacobs, Frederick David Mocatta, and Isidore Spielmann...
.
- Rigg, J.M., ed. (1902), Select pleas, starrs, and other records from the Rolls of the Exchequer of the Jews, A. D. 1220-1284
The latter society has subsequently undertaken publication of a full calendar of the rolls, so far to 1281:
- Rigg, J.M., ed. (1905/1971), Calendar of the Plea Rolls of the Exchequer of the Jews Vol. I, Henry III, 1218-1272.
- Rigg, J.M., ed. (1910/1971), — Vol. II, Edward I, 1273-1275.
- Jenkinson, H., ed. (1929), — Vol. III, Edward I, 1275-1277.
- Richardson, H.G., ed. (/1972), — Vol. IV, Henry II, 1272; and Edward I, 1275-77.
- Cohen, S., ed. (1992), — Vol. V, Edward I, 1277-1279.
- Brand, Paul, ed. (2005), — Vol. VI, Edward I, 1279-1281.
The Selden Society has also produced a volume of contemporary case-summaries in their series The earliest English law reports,
- Brand, Paul (2007), Eyre reports 1286-9 and undated Eyre reports, Exchequer of the Jews reports, pre-1290 assize reports, pre-1290 reports from unidentified courts and additional pre-1290 Common Bench reports
Further reading
(reverse chronological order)- Brand, Paul (2005) "Introduction", in Plea Rolls of the Exchequer of the Jews, Vol. VI: Edward I, 1279-81
- Brown, Reva Berman & McCartney, Sean (2005) "The Exchequer of the Jews Revisited", in: The Medieval History Journal, 8(2), 303-322
- Brand, Paul (2003), The Jewish Community of England in the Records of the English Royal Government, in Patricia Skinner, ed., The Jews in Medieval Britain: historical, literary, and archaeological perspectives, pp. 73–96. Woodbridge: Boydell Press ISBN 0851159311
- Bartlett, RobertRobert Bartlett (historian)Robert Bartlett FRHistS, FBA, FRSE, FSA is a historian and medievalist. Bartlett is English, though his academic interests cover the whole of Europe....
(2002), England under the Norman and Angevin kings, 1075-1225, 351–354. Oxford: Oxford University Press ISBN 0199251010 - Mundill, R. R. (1998), England's Jewish Solution: experiment and expulsion, 1262-1290. Cambridge: Cambridge University Press ISBN 0521520266
- Richardson, H. G. (1960 / 1983), The English Jewry Under Angevin Kings. London: Methuen (original); Westport, Conn.: Greenwood Press (reprint) ISBN 031324247X
- Meekings, C. A. F. (1955) "Justices of the Jews 1218-1268: a provisional list", in: Bulletin of the Institute of Historical Research 28 173-88.
- Scott, K. (1950) "The Jewish Arcae", in: The Cambridge Law Journal, 10:446-455. Cambridge: Cambridge University Press
- Cramer, A. (1941) "The Origins and Functions of the Jewish Exchequer", in: Speculum 16 226-29. Jstor
- Stokes, H. P. & Abrahams, I., eds. (1930-32), Starrs and Jewish Charters preserved in the British Museum. 3 vols. Cambridge: Printed for the (Jewish Historical Society of England) at the University Press (I. Introduction. Notes on the transliteration of Hebrew proper names. Latin, French, Hebrew texts, translations and notes.--II. Tables. List of abbreviations and bibliography. Vocabulary, by F. A. Lincoln. Excurses: The legal background of the starrs, by F. A. Lincoln; On Sir Adam de Stratton, by W. Page: On Westmill, by Archibald Jackson; On usury, by Herbert LoeweHerbert LoeweHerbert Martin James Loewe was a noted scholar of Semitic languages and Jewish culture. His grandfather, Louis Loewe , had been Sir Moses Montefiore’s secretary and the first Principal of the Judith, Lady Montefiore College at Ramsgate....
; "signed and sealed", by Herbert Loewe. Notes on the starrs, by Herbert Loewe.--III. Indexes, by Herbert Loewe.)