The jews and the English law / by H. S. Q. Henriques. 1908
Content
- Title page
- Stamp
- Preface
- VII Contents
- Table of Cases
- XXI Table of Statutes
- 1 I. When in 1655 Menasseh Ben Israel presented [...]
- 13 II. We have ssen that sinse the year 1685 the Jews [...]
- 34 III. The history of the way in wicht the courts [...]
- 49 IV. Having already passed in review the waw [...]
- 94 V. Menasseh Ben Israel's mission had failed [...]
- 115 VI. We must now turn away from the pursuit of theories which [...]
- 115 Cromwell's attitude to the Jews.
- 116 The legal position of the Jews under Cromwell the same as under Charles I.
- 117 Cromwell did not grant and had no power to grant special privileges to the Jews in respect of their religion.
- 118 Position at the time of Cromwell's death. Previous intrigues of the Jews in Holland with the Royalists.
- 119 Menasseh's failure made the Jews of Holland incline to Charles II.
- 120 Commission to Lt.-Gen. Middleton to treat with them.
- 121 Their hopes destroyed by the battle of the Dunes. / Interval between the death of Cromwell and the Restauration. Increase in the number of the Jews here.
- 122 First mention of a Jewish synagogue in England.
- 124 No change in the legal status of the Jews till the Restoration.
- 125 The Restoration of the king and Resettlement of the Jews.
- 126 Charles II an advocate of toleration in an intolerant age.
- 127 The Convention Parliament and toleration.
- 128 The new Parliament, 1661. / Members ordered to take the Sacrament.
- 129 The Corporation Act. / The Quakers' Act.
- 130 The Act of Uniformity, 1662. / First Declaration of Indulgence, 1662.
- 133 The Conventicle Act, 1664.
- 134 Bill for granting Liberty of Conscience rejected. / The Five Mile Act, 1665.
- 135 Second Conventicle Act, 1670.
- 136 Declaration of Indulgence, 1672.
- 138 The power to issue the Declaration questioned in the Commons. The Declaration cancelled.
- 139 The Test Act, 1673.
- 140 The Parliamentary Test Act, 1678.
- 142 VII. At the time of the Restoration [...]
- 142 Petitions against the Jews at the time of the Restoration.
- 144 Position of the Jews after the Restoration.
- 145 The first synagogue.
- 146 The secrecy surrounding the synagogue discarded at the end of 1662 or beginning of 1663. / An organized community formed.
- 147 1664. Threatened attack on the Jews. Petition to the king. His gracious answer.
- 148 Inquiry concering the Jews ordered by the House of Commons.
- 149 1673. Prosecution of the Jews for meeting for the exercise of their religion. / The Jews petition the king and obtain an Order in Council to stay the proceedings against them.
- 150 Entering a nolle prosequi on an indictment a new way of exercising the Dispensing Power.
- 151 Progress made in Establishment of a Jewish community in the reign of Charles II.
- 152 Accession of James II. His religious policy.
- 153 Jews arrested and charged with recusancy.
- 154 On the petition of Joseph Henriques and others a formal Order in Council made staying the proceedings. / Dispute between James II and Parliament concering the Dispensing Power.
- 156 The struggle transferred to the Law Courts. James issues his Declaration of Indulgence.
- 157 The illegality of James's proceedings. / Did not affect the Jews.
- 158 Views on toleration at the time of the Revolution.
- 159 The Toleration Act.
- 161 Extension of the benefits of the Toleration Act.
- 162 Relief from the Test and Corporation Acts. / Legislative relief from the penal laws at length given to the Jews.
- 164 Parliament and the Jews. Attempt to lay special taxation upon them.
- 166 Mention of Jews in the Act imposing taxation on marriages.
- 167 The Act against Blasphemy. / The Act to oblige Jews to maintain their Protestant children. The de Breta case.
- 170 Relaxation of the Act compelling landowners to take the oath of abjuration in favour to the Jews. / Similar privileges given the Jews by other Acts of Parliament. [...] / Lord Hardwicke's Marriage Act, 1753.
- 171 The Jewish Naturalization Act, 1753. / The Jews admitted to the benefit of the Toleration Act, 1845 and 1846. Till then they wre protected only by the Dispesing Power of the king.
- 173 Resulting anomaly in the law as to the Registration of Synagogues.
- 174 Advantages of certifying a synagogue.
- 175 Summary of the foregoing account of the legal recognition of the Jewish religion.
- 177 VIII. The Civil Rights of English Jews.
- 177 Distinction between civil and political rights.
- 178 The law of the land applied to the Jews on their return [...] / Right of a Jew to be a witness in a Court of law.
- 180 Witnesses not sworn on the New Testament may be guilty of perjury.
- 182 A Jew may be sworn on the New Testament if he does not object. / The Oaths Act, 1838.
- 183 Arrangement of cause lists so that Jewish cases should not be taken on the Jewish Sabbath or holidays.
- 184 Jewish religious scruples recognized by the law merchant. A Jew excused from giving notice of dishonour of a bill of exchange on a Jewish holiday.
- 185 Capacity of Jews to bring actions.
- 186 Coke's theory that infidels are perpetual enemies.
- 188 The capacity of a Jew to sue admitted in 1684.
- 189 Coke's theory over-ruled by the Courts.
- 190 Coke's theory not altogether groundless.
- 191 Capacity of Jews to hold real property.
- 192 Ordinance of 1271 forbidding Jews to hold land discovered by Dr. Tovey in 1738.
- 194 Capacity of Jews to hold advowsons.
- 195 Jews and the benefit of clergy.
- 198 The practice of administering the necessary oath upon the New Testament the cause of the civil disabilities of the Jews.
- 199 Jews excluded from the freedom of the city of London.
- 200 Quakers in a better position than Jews in this respect. / Jews and trade in the citiy of London. Not more than twelve allowed to be brokers.
- 201 The disability removed, Dec. 10, 1830.
- 202 Exclusion from the legel and other professions.
- 203 The annual Indemnity Acts. / Jews admitted to the Bar, 1833.
- 205 Admission of Jews as solicitors, 1770.
- 206 The profession of school-masters and tutors.
- 207 Dissenters disabled from teaching in the public schools and colleges.
- 208 The Religious Disabilities Act, 1846. / The Universities and Dissenters.
- 210 The Universities Tests Act, 1871.
- 211 Jews and the lower branches of education.
- 212 Private schools. / Public schools.
- 213 Endowed schools.
- 214 The Endowed Schools Act, 1869.
- 215 Public elementary schools.
- 217 The Cowper-Temple clause. / Religious instruction in non-provided schools.
- 218 Higher grade and technical schools.
- 219 Poor-law schools. / Reformatory schools.
- 220 Industrial schools.
- 221 IX. The Political Rights of English Jews.
- 221 The obligation to take certain oaths the cause of Jewish disabilities. / The oath of allegiance and supremacy.
- 222 Persons on whom it was imposed. / A new oath of obedience or allegiance, 1606.
- 224 The oath directed against Popish Recusants.
- 225 The oaths of allegiance and supremacy recast at the time of the Revolution.
- 226 Introduction of the oath of abjuration in 1701.
- 228 Jews unable to take the new oath. / Later history of these promissory oaths.
- 229 Mode of administering the oaths. / Effect of promissory oaths. / The acquisition of British nationality.
- 230 Former status and disabilities of aliens.
- 233 Who are aliens by English law.
- 234 How aliens can acquire British nationality.
- 235 The colonial trade closed to aliens by the Navigation Act of 1660.
- 236 Jews made denizens by Charles II.
- 237 Naturalization by Act of Parliament.
- 238 Naturalization confined to Protestants by a statute of 1609. / General Naturalization Acts.
- 240 The Plantation Act, 1740.
- 241 The Jews Naturalization Act, 1753.
- 243 The Jews Naturalization Act, Repeal Act, 1754.
- 245 Unsuccessful attemp to take away the right of Jews to be naturalized in the colonies. / Recent changes in the law of naturalization.
- 246 The Parliamentary franchise.
- 247 Provision in the Ballot Act for voting on Saturday. / Offices in corporations and under the Crown.
- 248 Motives of the Corporation and Test Acts.
- 249 Repeal of the Corporation and Test Acts. / Declaration not to injure the Established Church substituted for the Sacramental Test.
- 251 The Lords add the words "On the true faith of a Christian" to the new Declaration. / Effect of the new Declaration on the political status of the Jews.
- 253 Relief given to Roman Catholics and Quakers in 1829 and 1837 respectively. / Declaration to be taken by Sheriffs Act of 1835.
- 254 Mr. Salomons refused admission to the office of Alderman.
- 255 The Jewish Disabilities Removal Act of 1845.
- 256 The Oaths Act and the Jewisch Relief Act of 1858. / Subsequent legislation.
- 257 Taking the insignia of office to a place of religious worship.
- 258 Device of fining Dissenters for refusing to serve the office of sheriff.
- 261 Jews not liable to these fines. / S. 3 of the Jewish Relief Act of 1858, disabling Jews from holding certain high offices, repealed in 1871.
- 262 A Jew may now be Lord Lieutenant of Ireland or Lord Chancellor.
- 263 Ecclesiastical patronage attached to an office held by a Jew.
- 265 X. The Political Rights of English Jews (continued). Their Admission to Parliament.
- 265 Mr. Robert Grant's Jews' Civil Disabilities Bill, 1830-36.
- 267 1836-47. Minor measures of relief from political disabilities. / 1847. Baron de Rothschild elected to represent the city of London in Parliament.
- 268 1847-48. Lord John Russell's Jewish Disabilities Bill.
- 269 1849. Lord John Russell's Parliamentary Oaths Bill. / 1850. Baron de Rothschild having resigned an been re-elected attempts to take his seat.
- 270 1851. Lord John Russell's Oath of Abjuration (Jew) Bill. / Mr. Salomons purports to take the Oath of Abjuration without pronouncing its final words.
- 271 Mr. Salomons takes his seat in the House and refuses to withdraw.
- 273 Subsequent proceedings in the House of Commons.
- 274 The case of Miller v. Salomons.
- 276 The judgment affirmed on appeal.
- 277 Lord John Russell's Jewish Disabilities Bill of 1853.
- 279 1854. Lord John Russell's Parliamentary Oaths Bill refused a second reading by the House of Commons.
- 280 1856. Mr. Milner Gibson's Oath of Abjuration Abolition Bill.
- 281 1857. Lord Palmerston's Oaths Bill.
- 283 The opposition to Jewish Emancipation grows weaker.
- 284 The Bill is rejected by the House of Lords. / 1857. Lord John Russell's Oaths Validity Amendment Bill.
- 285 Not receiving facilities form the Government the Bill is abandoned. / Baron de Rothschild again resigns and is re-elected. / Select Commitee appointed to consider whether [...]
- 286 The autumn session of 1857: Lord John Russell's Oaths Bill.
- 287 Fall of Lord Palmerston's Government, and the formation of a Conservative Ministery under Lord Derby.
- 288 The Bill in the Lords. The fifth clause, enabling Jews to omit the finalwords of the oath, rejected in commitee. / Baron de Rothschild apointed a member of the Commons' Commitee for drawing up reasons for disagreeing with the Lords' amendments.
- 289 The legality of the appointment.
- 290 The Commons' reasons.
- 291 Conference between the two Houses. / Lord Lucan's suggestion for compromise.
- 292 The suggestion favourably received. / The Lords insist on their amendments.
- 293 Carrying out the compromise. / Lord Lucan's Jewish Relief Bill.
- 294 The Lords' reasons for insisting on their amendments.
- 296 The House of Commons and the compromise.
- 297 Baron de Rothschild takes his seat in the House. / The real character of the "compromise".
- 298 The settlement hastened by the fall of the Liberal Government.
- 299 The exclusion of the subject from the arena of party conflict a benefit to the Jews.
- 300 The praiseworthy conduct of Baron de Rothschild and Mr. Salomons. / An inconvenience arising from the form of settlement remedied by Act of Parliament.
- 301 The "compromise" upset by the Parliamentary Oaths Act of 1866.
- 302 The power of the House of Lords to exclude Jews voluntarily abandoned by the former opponents of Jewish emancipation.
- 304 Lord Rothschild created a peer in 1885. / The Office and Oaths Act 1867. / The Promissory Oaths Act 1868.
- 305 The Promissory Oaths Act, 1871, throws open to Jews the high offices from which they were excluded by the Jewish Relief Act of 1858.
- 306 Chronological Table.
- 315 Addenda and Corrigenda.
- 318 Index.
