| |
| META TOPICPARENT | name="QuestionsBeingAnswered" |
|---|
EXCHEQUER OF THE JEWS | | | The creation of a separate institution to deal with the monies of the Jews was not wholly unique for those times. The Jews of England enjoyed a qualified autonomy by the hands of the king in several additional matters. For example, they had latitude in rate of the interest for loans they gave (though some records show a maximum limit)[7b], as well as in juridical matters. Also, cases where Jews alone were concerned were given leeway to be left to the cognizance of the Jews’ own tribunals [7c]. | |
<
< | As part of its functions, the Exchequer of the Jews controlled the system of officials within established Jewish communities, appointing and dismissing their officials as well as handling transactions. Monies collected by the Exchequer of the Jews were retained in a separate treasury, and were disbursed on the king's instructions. All money-lending transactions had to be registered in the archae (chests). When a debt became due, the Exchequer of the Jews would issue an authorization for the levying of the debt at the request of the creditor; only if the debtor had died would this need to be preceded by legal proceedings. [8] | >
> | Functions and Judicial Power: | | | | |
<
< | In addition, within the responsibilities of the Exchequer of the Jews was the "Scaccarium Judaeorum" which served as escheator—a doctrine which transfers the property of a person who dies without heirs to the crown or state. This serves to ensure that property was not left in "limbo" without recognized ownership. In effect it meant to take charge by tenements and chattels of Jews ensuring that fell into the king's hands following death or transgressions. [9] | >
> | As part of its functions, the Exchequer of the Jews controlled a system of officials within established Jewish communities. It had the power to appoint and dismiss these officials as well as to handle transactions. Monies collected by the Exchequer of the Jews were retained in a separate treasury, and were disbursed on the king's instructions. | | | | |
<
< | Judicial power: | >
> | All money-lending transactions had to be registered in the archae (chests). Each archae was administrated by four chirographers (two Christians and two Jews), which were elected and sworn. All contract and loans between Christians and Jews were to be put into legal form, and an exact copy was to be put behind triple lock and seal. "In practice, the bond and the memorial were written on the same skin, which, being folded on the blank space, was cut in an irregular line, so that the two parts corresponded as tallies" (8a). The original bond was sealed by the debtor and delivered to the creditor. | | | | |
<
< | The Exchequer of the Jews also exercised a jurisdiction over cases involving Jewish debts which had passed into the hands of the Crown or had been transferred to other Christian creditors. The Exchequer of the Jews claimed exclusive jurisdiction in these matters, though it was subject to some exception. [10] | >
> | When a debt became due, the Exchequer of the Jews would issue an authorization for the levying of the debt at the request of the creditor. Only if the debtor had died would the collection of the debt be preceded by other legal proceedings. [8b] | | | | |
<
< | In 1200 four "Justices of the Jews" were named, two of whom were Jews: Benjamin de Talemunt and Joseph Aaron (they were the only Jews appointed to this position through the duration of this institute). The Justices were given the status of Barons of the Exchequer, and were subjected to the authority of the treasurer and the chief of justice. [11] During deliberations, the justices often were aided by the "presbyter judaeorum", a chief rabbi who assisted them in matters involving Jewish law. [12] | >
> | Another responsibility of the Exchequer of the Jews was the "Scaccarium Judaeorum", which served as escheator—a doctrine that transfers the property of a person who dies without heirs to the crown or state. This served to ensure that property was not left in "limbo" without recognized ownership. It also meant that in effect the Crown took charge of tenements and chattels of Jews, ensuring that they fell into the king's hands following death (without heirs) or transgressions. [9] | | | | |
<
< | Also within the jurisdiction power and duty of the Exchequer of the Jews, was to assess the contributions of the Jews to the royal treasury in reliefs, escheats, fines, and tallages (general taxes applied arbitrarily by the king). [13] | >
> | The Exchequer of the Jews also exercised a jurisdiction over cases involving Jewish debts which had passed into the hands of the Crown, or had been transferred to other Christian creditors. The Exchequer of the Jews claimed exclusive jurisdiction in these matters, though it was subject to some exception. [10] | | | | |
<
< | Periodically the Justices would order an audit ("scrutinium" as it was alternately called) to be made of the lists of the debts (many such lists still exist) that were contained in the archae. [14] Each archae had 3 locks and a set of keys for each lock. Each set of keys was held by different designated people (one set by two Jews, one by two Christians, and the third by two royal clerks) so that the chests could only be opened if all three were present [15] After "scrutiny" of the lists of the debts was made, the Justices sent a report to the king describing the capability of the Jewry to bear further tallage. [The king constantly applied additional tallage, which if not paid, the Jew’s wife and children were often imprisoned as hostages or the Jew himself was sent to the Tower and his lands and chattels were detained]. [16] | >
> | Structure, Appointment of Justices and Safe-Guards: | | | | |
<
< | Documentation in the form of The Plea Rolls of the Exchequer of the Jews survive for 1219–20, 1244, 1253, and in a virtually continuous series from 1266 to 1287. These include details from various pleas entered by Jews or Christians which dealt with the rate of interest, its lapse during the minority of an heir, alleged forgeries of Chirographs.[17] A volume of the more important of these pleas was published in 1902 jointly by the Selden Society and the Jewish Historical Society of England. [18] | >
> | In 1200 four "Justices of the Jews" were named. Two of those were Jews: Benjamin de Talemunt and Joseph Aaron, and in fact became the only Jews appointed to this position throughout the duration of the institute. The four Justices were given the status of Barons of the Exchequer, and were subjected to the authority of the Treasurer and the Chief of Justice. [11] During deliberations, the justices were often aided by the presbyter judaeorum—a chief rabbi—who assisted them in matters involving Jewish law. [12] | | | | |
<
< | At first the selected justices were men of some distinction who were usually appointed from among the king's favorites. But later on, from 1272-1287 they were dismissed for corruption and bribery. [19] | >
> | Part of the jurisdiction power and duty of the Exchequer of the Jews included assessing the contributions of the Jews to the royal treasury in reliefs, escheats, fines, and tallages (general taxes applied arbitrarily by the king). [13]
To keep track of debts, the Justices would periodically order a "scrutiny" ("scrutinium") to be made of the lists of the debts that were contained in the archae. Many such lists exist to this day. [14a] During the process of “scrutiny” of the archae all business were suspended [14b].
Safeguards were put in place to ensure that the archae could not be tampered with: Each archae had three locks and a set of keys for each lock. Each set of keys was held by different designated people (one set by two Jews, one by two Christians, and the third by two royal clerks) so that the chests could only be opened if all three were present [15] After "scrutiny" of the lists of the debts was made, the Justices sent a report to the king describing the capability of the Jewry to bear further tallage. [The king routinely applied additional tallage. If those were not paid, the Jew’s wife and children were often imprisoned as hostages or the Jew himself was sent to the Tower and his lands and chattels detained]. [16]
Documentation in the form of The Plea Rolls of the Exchequer of the Jews survive for the years 1219–20, 1244, 1253, and in a virtually continuous series from 1266 to 1287. These documents include details from various pleas entered by Jews or Christians, dealing with rate of interest, its lapse during the minority of an heir, or alleged forgeries of Chirographs. [17] A volume of the more important of these pleas was published in 1902 jointly by the Selden Society and the Jewish Historical Society of England. [18]
Issues with and the end of the office of the Exchequer of the Jews:
At first, the selected justices for the office of the Exchequer of the Jews were men of some distinction who were appointed from among the king's favorites. Later on (for example from 1272-1287) they were dismissed for corruption and bribery. [19]
The office of the Exchequer of the Jews survived for almost a century. The expulsion of England’s Jewry in 1290 signaled the end of the office of Exchequer of the Jews, though some cases with reference to the debts of the Jews can be found in some year-books through the reign of Edward II (1284-1327). [20]
Historical perspective: Medieval Culture and Views of Minorities:
At first glance it could seem as if what drove the persecution of Jews were unique acts of pure anti-Semitism directed towards the Jewish population of medieval England. However, a close comparative reading sheds light to the reality that such persecution was not unique to the treatment of Jews but reflected a historical "system" of blaming "aliens" or various minority groups for daily misfortunes and difficulties (e.g. sudden diseases, poverty and famine, wars, or forces of nature etc.) [21]
Much of the time mass accusations and persecution of minority groups were justified in the name of God (and/or attributed the evil doings of the ‘designated minority group’ in the name of the devil). Similar justification was used in the persecution of the Jews during England’s crusade mania. [22]
As mentioned in in Ginzburg’s book, Ecstasies: Deciphering the Witches’ Sabbath:
"The lepers' extermination was the first time in the history of Europe that such huge programme of segregation was undertaken". "In succeeding centuries other protagonists would take the lepers' place, the mad, the poor, the criminal and Jews. The lepers led the way." [23]
Ginzburg describes "the casual chain of conspiracy", which was fed by hostilities towards the least protected groups. In his view there was almost always a Muslim sovereign at the head of the chain: "Directly or indirectly these Muslim characters conspire with isolated figures or with groups, marginal from a geographical or ethnic-religious point of view (e.g. Jews), promising them money in exchange of execution of the plot". [24] The plot is materially executed by other groups (e.g. lepers), who because of their age, their social inferiority or both of these reasons, are readily susceptible to false promises of wealth and power. [25]
Conspiracies often included fiscal segregation in ghettoes for both Jews and lepers, and an additional obligation to wear a symbol on clothes to be recognized by, or to be subjected to a certain dress code. [26]
Jews and lepers were both vulnerable to persecution. However, the most noticeable difference between Jews and other minorities was the Jews wealth. As Ginzburg puts it: "We would doubtless have been exterminated, had not our great wealth made the Christians greedy enough to demand ransom". [27] Several times during pogroms against minorities, following one conspiracy or another, the Jews ended up subjected to less killing or damage. The main source of punishment pointed at them was usually a requisition of all the wealth the Jews were holding. [28]
Medieval Historical Sources and Possible Bias::
It may be of interest that information about the Exchequer of the Jews, its development, background, purpose, and use, was found exclusively in the Christian chronicles' records of those centuries. Although known for their remarkable accuracy and their credibility, these historians nonetheless had little sympathy or charity to spare for the Jews, and some might have been outright hostile to them. Since the secular accounts of English Jewry from the time period are very scanty, one can only present the Christian viewpoint. [29] | | | | |
<
< | The expulsion of England’s Jewry in 1290 signaled the end of the office of Exchequer of the Jews, though cases with references to the debts of the Jews occurred in the year-books during some of the reign of Edward II (1307-1327). [20] | | | ******* | | | [7c] Selected Pleas, Starrs, and Other Records from the Rule of the Exchequer of the Jews A.D 1220-1284 p. xiii. | |
<
< | [8] Paul Brand, p. 74-75. | >
> | [8a] Selected Pleas, Starrs, and Other Records from the Rule of the Exchequer of the Jews A.D 1220-1284 p. xix.
[8b] Paul Brand, p. 74-75. | | | [9] Charles Gross, p. 10. | | | [13] Ibid, p. 25. | |
<
< | [14] Ibid, p. 30-31. | >
> | [14a] Ibid, p. 30-31.
[14b] Selected Pleas, Starrs, and Other Records from the Rule of the Exchequer of the Jews A.D 1220-1284 p. xx. | | | [15] Paul Brand, p. 73. | | | [20] Ibid. | |
>
> | [21] See in detailed:
[22] 33
[23] 34
[24] 52
[25] Ibid
[26] 38
[27] 46
[28] 48
[29] Selected Pleas, Starrs, and Other Records from the Rule of the Exchequer of the Jews A.D 1220-1284 p. xv. | | | -- InbarAsif - 17 Oct 2014 |
|