as the benefit of these local magistrates was more sensibly felt and their powers were more largely extended was changed into that which they still retain of Justices of the Peace. So orderly however was the realm that Edward was able in 1286 to pass over sea to his foreign dominions, and to spend the next three years in reforming their government. But the want of his guiding hand was at last felt; and the Parliament of 1289 refused a new tax till the king came home again.
"Quia Emptores"
He returned to find the Earls of Gloucester and Hereford at war, and his judges charged with violence and corruption. The two Earls were brought to peace, and Earl Gilbert allied closely to the royal house by a marriage with the king's daughter Johanna. After a careful investigation the judicial abuses were recognized and amended. Two of the chief justices were banished from the realm and their colleagues imprisoned and fined. But these administrative measures were only preludes to a great legislative act which appeared in 1290. The Third Statute of Westminster, or, to use the name by which it is more commonly known, the Statute "Quia Emptores," is one of those legislative efforts which mark the progress of a wide social revolution in the country at large. The number of the greater barons was diminishing every day, while the number of the country gentry and of the more substantial yeomanry was increasing with the increase of the national wealth. The increase showed itself in a growing desire to become proprietors of land. Tenants of the barons received under-tenants on condition of their rendering them similar services to those which they themselves rendered to their lords; and the baronage, while duly receiving the services in compensation for which they had originally granted their lands in fee, saw with jealousy the feudal profits of these new under-tenants, the profits of wardships or of reliefs and the like, in a word the whole increase in the value of the estate consequent on its subdivision and higher cultivation, passing into other hands than their own. The purpose of the statute "Quia Emptores" was to check this process by providing that in any case of alienation the sub-tenant should henceforth hold, not of the tenant, but directly of the superior lord. But its result was to promote instead of hindering the transfer and subdivision of land. The tenant who was compelled before the passing of the statute to retain in any case so much of the estate as enabled him to discharge his feudal services to the overlord of whom he held it, was now enabled by a process analogous to the modern sale of "tenant-right," to transfer both land and services to new holders. However small the estates thus created might be, the bulk were held directly of the Crown; and this class of lesser gentry and freeholders grew steadily from this time in numbers and importance.
The Crown and the Jews
The year which saw "Quia Emptores" saw a step which remains the great blot upon Edward's reign. The work abroad had exhausted the royal treasury, and he bought a grant from his Parliament by listening to their wishes in the matter of the Jews. Jewish traders had followed William the Conqueror from Normandy, and had been enabled by his protection to establish themselves in separate quarters or "Jewries" in all larger English towns. The Jew had no right or citizenship in the land. The Jewry in which he lived was exempt from the common law. He was simply the king's chattel, and his life and goods were at the king's mercy. But he was too valuable a possession to be lightly thrown away. If the Jewish merchant had no standing-ground in the local court the king enabled him to sue before a special justiciary; his bonds were deposited for safety in a chamber of the royal palace at Westminster; he was protected against the popular hatred in the free exercise of his religion and allowed to build synagogues and to manage his own ecclesiastical affairs by means of a chief rabbi. The royal protection was dictated by no spirit of tolerance or mercy. To the kings the Jew was a mere engine of finance. The wealth which he accumulated was wrung from him whenever the crown had need, and torture and imprisonment were resorted to when milder means failed. It was the gold of the Jew that filled the royal treasury at the outbreak of war or of revolt. It was in the Hebrew coffers that the foreign kings found strength, to hold their baronage at bay.
Popular Hatred of the Jews
That the presence of the Jew was, at least in the earlier years of his settlement, beneficial to the nation at large there can be little doubt. His arrival was the arrival of a capitalist; and heavy as was the usury he necessarily exacted in the general insecurity of the time his loans gave an impulse to industry. The century which followed the Conquest witnessed an outburst of architectural energy which covered the land with castles and cathedrals; but castle and cathedral alike owed their erection to the loans of the Jew. His own example gave a new vigour to domestic architecture. The buildings which, as at Lincoln and Bury St. Edmund's, still retain their name of "Jews' Houses" were almost the first houses of stone which superseded the mere hovels of the English burghers. Nor was their influence simply industrial. Through their connexion with the Jewish schools in Spain and the East they opened a way for the revival of physical sciences. A Jewish medical school seems to have existed at Oxford; Roger Bacon himself studied under English rabbis. But the general progress of civilization now drew little help from the Jew, while the coming of the Cahorsine and Italian bankers drove him from the field of commercial finance. He fell back on the petty usury of loans to the poor, a trade necessarily accompanied with much of extortion and which roused into fiercer life the religious hatred against their race. Wild stories floated about of children carried off to be circumcised or crucified, and a Lincoln boy who was found slain in a Jewish house was canonized by popular reverence as "St. Hugh." The first work of the Friars was to settle in the Jewish quarters and attempt their conversion, but the popular fury rose too fast for these gentler means of reconciliation. When the Franciscans saved seventy Jews from hanging by their prayer to Henry the Third the populace angrily refused the brethren alms.
The Jewish Defiance
But all this growing hate was met with a bold defiance. The picture which is commonly drawn of the Jew as timid, silent, crouching under oppression, however truly it may represent the general position of his race throughout mediæval Europe, is far from being borne out by historical fact on this side the Channel. In England the attitude of the Jew, almost to the very end, was an attitude of proud and even insolent defiance. He knew that the royal policy exempted him from the common taxation, the common justice, the common obligations of Englishmen. Usurer, extortioner as the realm held him to be, the royal justice would secure him the repayment of his bonds. A royal commission visited with heavy penalties any outbreak of violence against the king's "chattels." The Red King actually forbade the conversion of a Jew to the Christian faith; it was a poor exchange, he said, that would rid him of a valuable property and give him only a subject. We see in such a case as that of Oxford the insolence that grew out of this consciousness of the royal protection. Here as elsewhere the Jewry was a town within a town, with its own language, its own religion and law, its peculiar commerce, its peculiar dress. No city bailiff could penetrate into the square of little alleys which lay behind the present Town Hall; the Church itself was powerless to prevent a synagogue from rising in haughty rivalry over against the cloister of St. Frideswide. Prior Philip of St. Frideswide complains bitterly of a certain Hebrew who stood at his door as the procession of the saint passed by, mocking at the miracles which were said to be wrought at her shrine. Halting and then walking firmly on his feet, showing his hands clenched as if with palsy and then flinging open his fingers, the Jew claimed gifts and oblations from the crowd that flocked to St. Frideswide's shrine on the ground that such recoveries of life and limb were quite as real as any that Frideswide ever wrought. Sickness and death in the prior's story avenge the saint on her blasphemer, but no earthly power, ecclesiastical or civil, seems to have ventured to deal with him. A more daring act of fanaticism showed the temper of the Jews even at the close of Henry the Third's reign. As the usual procession of scholars and citizens returned from St. Frideswide's on the Ascension Day of 1268 a Jew suddenly burst from a group of his comrades in front of the synagogue, and wrenching the crucifix from its bearer trod it under foot. But even in presence of such an outrage as this the terror of the Crown sheltered the Oxford Jews from any burst of popular vengeance. The sentence of the king condemned them to set up a cross of marble on the spot where the crime was committed, but even this sentence was in part remitted, and a less offensive place was found for the cross in an open plot by Merton College.
Expulsion of the Jews
Up to Edward's day indeed the royal protection had never wavered. Henry the Second granted the Jews a right of burial outside every city where they dwelt. Richard punished heavily a massacre of the