AN ABSTRACT OF ALL THE STATUTES Made Concerning Aliens Trading IN ENGLAND From the first year of K. Henry the VII ALSO Of all the LAWS made for Securing our Plantation Trade to our Selves With Observations thereon proving that the Jews in their practical way of Trade at this time Break them all to the great Damage of the King in His Customs the Merchants in their Trade the whole Kingdom and His Majesties Plantations in America in their STAPLE Together with the Hardships and Difficulties the Author hath already met with in his Endeavouring to find out and Detect the Ways and Methods they take to Effect it By Samuel Hayne sometime Ryding-Surveyor for His Majesties Customs and Surveyor for the Act of Navigation in the Counties of Devon and Cornwal Printed by N. T. for the Author and are to be Sold by Walter Davis in Amen-Corner 1685. TO THE KING's MOST Sacred Majesty Dread Soveraign THe following Sheets were written before the Death of Your Majesties Royal Brother King Charles the Second of ever Blessed Memory And I had a design then to shew to His Majesty that several Jews to whom His Majesty had been Graciously pleased to Grant Letters Patents of Denization with a Clause inserted That they should pay no more Custom than English non obstante the Statutes Had Owned and Coloured the Goods of other Jews that had not such a Clause in their Patents and of some Jews who had no Patents at all By means whereof their own Pattents were at His Majesties Pleasure But while I was preparing Arguments and Proofs thereof it pleased God to put a period to His Majesties days and the Act of Tonnage and Poundage with the Articles annexed which Granted the Alien or Petty Custom to His Majesty received also there by its determination A few days after Your most Excellent Majesty sending forth Your Royal Proclamation for the continuation of the Receipt of Your Majesties Customs and declaring Your speedy calling of a Parliament I forbore the exposing my Sentiments to publick view till God should permit Your Majesties meeting with them And now that being most Happily Accomplished and the Act of Tonnage and Poundage with the Articles annexed being past for and during Your Majesties Life I humbly presume to aver that the aforesaid Clause inserted in those Jews Patents had an end with the said late King and that the present Act Grants to Your Majesty the Alien or Petty Customs in as full manner as if that Clause had never been Inserted I therefore humbly beg Your Majesty to direct that all Jews from the 6th day of February last do pay the Alien Duty as by Law they ought to do which will not only be many Thousands per Annum advance to Your Majesty in Your Customs but also be extream grateful to all Your Majesties fair dealing English Merchants Nor can I forbear to assert that the greater any persons Possessions are in England the more is their loss by the Illegal Trading of the Jews in Your Majesties Plantations in America For the larger their Lands are the more is their Growth and Product and the Advantagious Vendition thereof depends much on the Consumption the Plantations make of them Whereas the Jews here together with other Jews their Co-partners living in Holland making their Outward Cargoes at Holland thereby lessen the Consumption of the English Growth and Manufacture which not only Affects Your Majesty but also all Your Subjects of what degree or quality soever in the whole Nation My Endeavours however have not been for a total Extirpation of the Jews or their Trade here as some have aimed but only to oblige them to pay Your Majesties Customs and act according to Law that thereby the English Merchants might be Enabled to Sell as Cheap as themselves Which design only being as the Jews conceived of Grand Disadvantage to them they consulted as I have reason to believe their firm Friends at Custom-house how to deal with me and from thence proceeded the Offers of large Bribes to me on one hand which being rejected a Torrent of Threats followed on the other viz. Perpetual Imprisonment Rotting and Dying there and which they thought most prevalent Starving to Death They not knowing it seems that my most Noble Friend the Honnourable Collonel Strangways loved me too well to suffer that to whom only on all emergent Occasions I wrote for Supply and never failed of speedy and suitable Returns As soon as Your Majesty shall be pleased to demand Alien Duty from those Jews having Patents with the aforesaid Clause Your Majesty will find that they will fall in with some of Your Majesties Subjects in London as well as in the Out-Ports to cover their Trade I cannot so much blame the Jews as the English in this matter For to one 't is Natural to the other Vn-natural and a great Shame and Reproach to the Nation Also I am certain their Old Friends at Custom-house dare not leave them though considering Your Majesties Pay together with the Oaths and Sacraments they take the more firmly to tye them to their Duty in them it be Diabolical some whereof I have been forced for Truths-sake to Name And if it displeases any one of them I beg a fair Hearing whereon I am sure to let them know I have not been yet as Satyrical as I might or as their base Actions deserve The grand thing then for the future will be how to distinguish Jews Goods from English and Settle it so that no further Cheats be put on Your Majesty in Your Customes Your Subjects in their Staple and the Merchants in their Trade 'T is much easier to prevent future Frauds than discover past However I still affirm that I can make good my Proposals Fol. 29. including London too by the way of future prevention And besides that make it appear that of late years the wholesom Acts of Navigation Frauds c. Are like a Nose of Wax turned at the Pleasure of some now at Helm who pretend a small Duty taken contrary to Law is more grateful to Your Majesty than the due Execution of those Beneficial Statutes My Sufferings both in Body and Purse have been solely for my Zeal in the Service of my King and Country and no opportunity in my thoughts did ever happen since it began till now to express the Truth of it so that it might with Power repel the fury of my Enemies But now that God having seated Your Majesty on the Throne of Your Ancestors that the Laws recover Life that all my Actions have been Legal that I have not made one false step in my Duty and that the Substance of this Discourse hath relation to the benefit of Your Majesty and the whole Nation I have great hopes of Your Majesties Favour and Pardon for my Boldness in making this publick Address and that Your Majesty will believe I will never Swerve from my constant practice of Loyalty to the Crown and Obedience to the Establish'd Laws
both in Church and State whatever my future Condition may happen to be For I am Fleet London May 29th 1685. Sacred SIR Your Majesties Most Loyal Most Faithful and Undaunted though Oppressed Subject SAMUEL HAYNE CONCERNING Aliens Trading IN ENGLAND ALmost as soon as Trade it self began to Flourish in this Kingdom Aliens endeavour'd to be Sharers in it And because they might have the same Freedom therein that English-men had they by some good Interest or other got Patents of Denization and by that means paid no greater or higher Customs than the English Merchants But they it seems being formerly in Co-partnership with other Aliens who still remained so could not be contented with the Benefits they had procured for themselves but Clandestinly covered the Stocks and Adventures of the others The Perniciousness whereof appearing it was thought fit to put a thorow stop to such Proceedings And at a Parliament held in the first year of King Henry the Seventh it was thus Enacted viz. 1 Hen. 7. cap. 7. Where in time past divers Grants have been made by King Edward as well by his Letters Patents as by Acts of Parliament to divers Merchants Strangers born out of this Realm to be Denizens whereby they have and enjoy such Freedoms and Liberties as do Denizens born within this Realm as well in abatement of their Customs which they should bear if they were no Denizens as in Buying and Selling of their Merchandize to their great Avail and Lutre and oft-times suffer other Strangers not Denizens deceitfully to slip and carry great and notable substance of Merchandize in their Names by the which the said Goods be free of Custom in like-wise as they were Goods of a Denizen where of Right they ought to pay Custom as the Goods of Strangers by which they be greatly advanced in Riches and Honour And after they be so Enriched for the most part they convey themselves with their said Goods into their own Countries wherein they be naturally born to the great Impoverishing this Realm and to the great Hurt and Defraud of the Kings Highness in payment of his Customs Wherefore it is Enacted Established and Ordained by the Advice of the Lords Spiritual and Temporal and Commons in the said Parliament Assembled and by Authority of the same That any person made or hereafter to be made Denizen shall pay for his Merchandize like Custom and Subsidy as he ought or should pay as before that he was made Denizen any Letters Patents or other Ordinances by Parliament or otherwise contrary to this made notwithstanding However the shifting Humours of those Times corresponding much with our present Age found out another way to Defraud the King of his Due and his Loyal Subjects of their Trade For finding the aforesaid Act exactly put in Execution The Aliens then by Rewards c. Procured English-men to enter their Goods in English Names which Un-natural practice was also soon found out and to prevent any further Progress therein it was Enacted the third year of the aforesaid King Henry the Seventh 3 Hen. 7. That no manner of Merchant Denizen or Stranger do take upon him to Enter or cause to be Entred in the Books of any Customer in any Port within this Realm any manner of Merchandizes coming into the said Realm or going but of the same in any other Merchants Name saving only the Names of the true Merchant owner of the same upon pain of Forfeiture of all such Goods and Merchandizes so Entred And every of the said Merchants which shall so take upon him to cause such untrue Entry to be made to have Imprisonment and make Fine therefore at the Kings pleasure So that by this Act that shift also was cut off and 't is reasonable to believe that due Process was made against all English-men who became in any manner Trangressors thereof for that the Aliens did not thenceforth seek farther Protection from them but returned to their Old Co-partners that were made Denizens with whom they drove so vast a Trade that it became obvious to all the English Merchants And in regard the Statute of the First of King Henry the Seventh was by that time grown somewhat old another was made to the same purpose in the Eleventh year of the said King Henry the Seventh in these words 11 Hen. 7.14 Where the King our Soveraign Lord is greatly Deceived in his Customs and Subsidies by Merchants and Strangers such as the King our Soveraign Lord hath Granted by his Letters Patents to be Denizens and to pay no other Custom or Subsidies for their Merchandize Inward or Outward but as a Denizen under colour whereof they Custom not only their own Merchandizes under the form aforesaid but also they colourably enter into the Customers Books the Merchandizes of other Strangers calling and saying the said Goods of other Merchants to be the Goods of them so made Denizens to the great Loss and Defraud of the King our Soveraign Lord Wherefore be it Enacted by the King our Soveraign Lord the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same that all Merchant Strangers and others that be made Denizens by the Kings Letters Patents or otherwise pay from henceforth such Customs and Subsidies for their Goods and Merchandizes Inward and Outward as they should have paid if such Letters and Patents had never to them been made Thus you see what great care was taken for the Advance of Trade in the days of that Good King And if you look into the Chronicles of his Time you will find what vast Treasure he left behind him and no doubt but that a great part thereof arose from the greatness of the Subjects Trade and the due payment of His Majestie Customs and Subsidies And though almost the whole Reign of King Henry the Eighth was accompanied with Wars and Disturbances either with the French Scots or the Pope yet was not the Consideration of Trade laid aside for in the twenty second year of his Reign 22 Hen. 8. cap. 8. the foregoing Acts of the First and Eleventh years of King Henry the Seventh were in Parliament Confirmed and all Subsidies Customs Tolls Duties and other Sums of Money were continued on the said Aliens made Denizens as they should or ought to have paid before they were Denizens any Grant or Grants to them made or hereafter to be made or any Act or Acts Statute or Ordinance to the contrary made or had not withstanding In the Reign of King Edward the Sixth 2 and 3 Ed. 6. cap 22. The Penalty of Customing other mens Goods whereby the King looseth his Duty is the Forfeiture of all the Goods and Chattels and personalls for ever The Informer half to be Prosecuted within three Years else void Queen Mary was so entangled in Religious Matters that the Parliaments in her dayes seem'd to wave all other concerns and it was but very short also which perhaps might be
the Reasons we hear so little of Trade therein But no sooner came that Mirrour of her Sex Queen Elizabeth to the Crown but a review was made and in the very first year of her Reign it was Enacted 1 Eliz. cap. 11. That from and after the first day of September no person Denizen no Stranger do take upon him to Enter or do or cause to be Entred into the Books of any Customer or any other Officer or Officers of any Port or Haven within this Realm or his or their Deputy or Deputies Servant or Servants any manner of Goods Wares or Merchandize whatsoever coming or brought into your Highness's Realm from any the parts beyond the Sea or faom the Realm of Scotland or going to be Transported out of the same your Highnesses Realm into any the Parts beyond the Seas or into the Realm of Scotland in the Name or Names of any Person or Persons than the very Owner or Owners of the same Goods Wares or Merchandizes being not Sold Bargained or Contracted for to or with any Person or Persons before such Entry or before the Arrival of such Goods Wares or Merchandizes in the parts beyond the Sea upon pain of Forfeiture of the value of the Goods so Entred So that by this Act neither Alien or Denizen is permitted to Enter any other mans Goods in his own Name which Statute without doubt was effectually put in Execution For that in all her Reign as well as King James and King Charles the first no farther Provision is made against them or Rehearsal made of any of the foregoing Statutes The Unnatural Wars coming on gave liberty to every man to Act his pleasure in Trade as well as in Religion But no sooner was the Grand Pilot of the universe pleas'd to bring our most Gracious King that now is to His own Kingdoms again but that he steers the wholesom course of his Ancestors and in the very first year of his Reign the twelth Article annexed to the Book of Rates speaks thus 12 Article Book of Rates The Merchants Strangers who according to the Rates and Dalues in this Book contain'd do pay double Subsidy for Lead Tinn Woolen-cloaths shall also pay double Custom for Native Manufactures of Wool And the said Strangers are to pay for all other Goods as well Inwards as Outwards Rated to pay the Subsidy of Poundage three pence in the Pound or any other Duty payable by Charta Mercatoria besides the Subsidy None of these Acts have in general been Repealed but by an Act of Parliament in the twenty fifth year of His Majesties Reign 25 Car. 2. all Alien Duties upon Commodities of the Growth Product and Manufacture of this Nation except Coals is taken off and the Alien pays no more then English But the Alien Duty is continued on all Foreign Commodities Hitherto we have treated of the Antient and Modern Statutes which have relation to Trade in general and by all of them it appears that from time to time Aliens have been obliged to pay an higher Duty than an English-man And there is good reason for it for otherwise the Ballance of Trade and Commerce could never be held upright We English-men pay more Duties in Foreign Parts to any Prince or State than their own Subjects do And if they were not obliged to the same here they might Under-sell us and yet be Gainers And what would become of our Trade if this were admitted And these Acts seem to say That the Alien made Denizen here continued his Co-partnership with his former Partner who was a Denizen in some Foreign part and one owning the Goods here and the other there past as free Denizens on both sides by which means they could Vndersell either English or Alien who are necessitated to pay Alien Duty either here or there Besides that 't is very much to be feared that many an English Merchant wilfully covers the Goods of Aliens in his own Name Also that the Jews who have Patents of Denization with a Clause inserted That they shall pay no more Custom than the English do non obstante all the Precedent and subsequent Acts of Parliament recited in this Treatise do make use of them in Covering Entring and Owning other Jews Goods which have no such Patents or any Patents at all for though many of the Jews have Patents of Denization yet few of them could prevail to have that Clause inserted and I am told that none for the future must ever expect the like Favour again our most Gracious King having declared He will Govern by Law And how some of them have abused His Majesties great Favour to them will appear by the Encroachments they make on our Plantation Trade in America A brief account whereof follows Before I come to declare matter of Fact I think it proper to recite as much of the several Acts of Parliament made to secure our Plantation Trade as may be necessary for Information of the Readers some whereof perhaps seldom have the conveniency of looking into a Statute Book and will begin with the Act of Navigation made in the twelth year of the King viz. 12 Car. 2. For the Increase of Shipping and Encouragement of the Navigation of this Realm wherein under the good Providence of God the Wealth Safety and Strength of this Kingdom is so much concerned Be it Enacted by the Kings most Excellent Majesty and by the Lords and Commons in this present Parliament Assembled and by the Authority thereof That from and after the first day of December 1660. and from thenceforth no Goods or Commodities whatsoever shall be Imported into or Exported out of any Lands Islands Plantations or Territories to His Majesty belonging or in his Possession or which may hereafter belong unto or be in the Possession of His Majesty His Heirs and Successors in Asia Africa or America in any other Ship or Ships Dessel or Dessels whatsoever but in such Ships or Dessels as do truly and without fraud belong only to the People of England or Ireland Dominion of Wales or Town of Berwick upon Tweed or are of the Built of or belonging to any the said Lands Islands Plantations or Territories as the Proprietors and right Owners thereof and whereof the Master and three fourths of the Mariners at least are English under the Penalty of the Forfeiture and Loss of all the Goods c. And a little after in the said Act Aliens not to be Factors in the Plantations Be it Enacted that no Alien or person not born within the Allegiance of our Sovereign Lord the King His Heirs or Successors or Naturalized or made a Free Denizen shall from and after the first day of February which shall be in the year of our Lord 1661. Exercise the Trade or Occupation of a Merchant or Factor in any the said places upon pain of the Forfeiture and Loss of all his Goods and Chattels or which are in his possession But that multitudes of Jews
this be granted which I Challenge all the Jews in Europe and America to deny if they can they may in every voyage from Amsterdam or Rotterdam to Barbadoes and back again to Amsterdam or Rotterdam Sell 20 per Cent. Cheaper than the English And this is the main if not only Reason our Merchants have to complain of the small Advance they make in our Plantation Trade our Markets are generally govern'd by the Dutch the Jews can under-sell us there and yet grow rich by it and will do so as long as they are permitted to Trade contrary to our Laws On the other hand let them be obliged to pay Alien Duty according to the Antient Statutes and fully obey the Acts of Navigation and Trade made 12 and 15 Car. 2. and then let them be able to under-sell the English if they can for I affirm 't is their breach of the Laws of the Nations they Trade in and not their Frugality only that is the cause of their Increase in Wealth And our Officers in some out-Ports are so kind as to admit prohibited Goods amongst others to an Entry from Holland and thence to New-York The first and only Entry that hath been made by any Jew in his own Name in any out-Port of England follows viz. Falmouth May 2d 1681 In the Philip of New-York English Built Burden 120 Tuns or there-abouts Thomas Thompson Master from Amsterdam for New-York Bryan Rogers for Fmanuel Rodrigo Merchant  Subsidy Add. Duty  l. s. d. l. s. d. A Pack of Twine 4 C. 2 qr net 0 11 3 0 0 0 2 Cases qt 950 course Drinking Glasses 0 11 10½ 0 0 0 2 Cases of Earthen Ware value 8 l. 0 11 0 0 0 0 A small Cask qt viz. 24 ps of Holland 370 Ells 4 12 6 2 3 11¼ 12 Ps. Sletia Diaper Inkle each 144 Yards 0 9 7 0 4 6¼ 4 Doz small Diaper unwrought val 2 l. 0 0 3 0 0 0 A pack containing 12 Nest of Boxes 0 0 0 0 0 0 A Barrel qt viz. 2 Doz Painting Brushes 0 0 3 0 0 0 5 C. 2 qr White Lead 0 1 6 0 0 0 2 qrs Red Lead 0 0 5 0 0 0 An half Hogshead of Linseed Oyl 0 8 9 0 0 0 A Case 12 Cheeses 56 C. Weight 0 0 3 0 0 0 A small Barrel qt 10 Cheeses 1 qr 14 l. 0 0 1½ 0 0 0 30 Chests of Tobacco-Pipes qt 420 Gross 1 11 0 0 0 0 A Case ql 15 doz 3 p. Leather Shoes and Slippers value 18 l. 05 s. 0 d. Subsidy is 0 18 3 0 0 0 2 Doz 5 pr. Velvet Slippers value 4 l. 7 s. 0 d. 0 4 4 0 0 0 2 great Mands qt 600 stone Jug◠Mugs v. 5 l. 0 7 6 0 0 0 A small Pack qt 2 qr 7 l. of Cheese 0 5 5 0 0 0 50 Chests of Tobacco-Pipes qt 650 Gross 2 8 9 0 0 0 A Mand qt viz. a parcel Wooden-ware val 2 l. 0 2 2 0 0 0 20 doz Ordinary Trenchers 0 0 4 0 0 0 10 Nest of Boxes 0 0 0½ 0 0 0 2 Stillings Irons value 10 s. 0 0 6 0 0 0 4 small Cheeses qt 14 l. 0 0 0½ 0 0 0 A Punchen of Twine qt 4 C. 2 qr Net 0 11 3 0 0 0 25 Chests of Tobacco-Pipes qt 300 Gross 1 2 6 0 0 0 12 Chests of Tobacco-Pipes qt 156 Gross 0 11 8½ 0 0 0 20 Ditto qt 240 Gross value 1 s. pr. Gross 0 16 0 0 0 0 25 Ditto qt 350 Gross 1 6 3 0 0 0 A small Cask qt ½ C. of Cheeses 0 0 2 0 0 0 3 Tomb-stones value 5 l. 0 5 0 0 0 0 6 Fowling pieces value 6 l. 0 6 0 0 0 0 4 pr. Pistols value 4 l. 0 4 0 0 0 0 534 Iron Pots 6 13 2 0 0 0 127 Stone-Jugs value 17 l. 6 s. 1 6 2 0 0 0 41 Dripping Pans qt 2 C. 2 l. weight 0 6 6¾ 0 0 0 246 Frying-Pans qt 4 C. 3 qr 14 l. weight 0 14 7 0 0 0 A Cask of Horse-Nails 8 C. weight value 5 l 0 5 0 0 0 0 Total 27 14 8½ 2 8 6 Deducted 5 per Cent. 1 7 8½    Petty or Alien Custom omitted amounts to 6 l. 11 s. 3 d. 26 7 0 2 8 6 Note That all those Goods marked with this mark * are Prohibited by the Statute of 4 Edw. 4.4 Let any Merchant in England now view this Entry and try if he can possibly conclude that all these Marks being 10 belong to Emanuel Rodrigo for my part I know the contrary and that though this Rodrigo pays but English Custom himself being one of those who got the foregoing Clause incerted that he should pay no more than English yet most of these Goods belong to other Jews which have no such Clause incerted in their Pattents of Denization and to some who have no Pattents at all and particularly to Edmond Dionis a Jew who pays Alien Duty here in London and upon Enquiry 't is easie to find out to whom many other Parcols did belong But this is a very small Cargo in respect of others whose particulars I have not by me But let any one view the Quarter Books of Dover he shall find enough for there the Act of Frauds 14 Car. 2. which directs That the Master or Purser of every Ship or Dessel shall make a Just and True Entry upon Dath of the Burthen Contents and Loading of every Ship or Dessel with the particular Marks Numbers Qualities and Contents of every Parcel of Goods in their Loading and who are the Owners thereof Is past by without regard and a whole Cargo admitted in one Entry what reason the Pattent-Officers have to pass it so I know not for their Fees is due on every particular Parcel as much as on the whole Entred at once except one greater Bribe come in the room thereof Neither can I fathom their reason of running the Risque of their places by giving Cocquets for Goods to go to the Plantations which are never unloaded in England I am also perswaded that Goods may lye Concealed in such Cases and thereby the King be defrauded of great part of his Dues as it was lately demonstrated there a Ship coming in from Holland cleared at Dover for New-York she had great quantities of Dutch Bricks and Grindstones on Board pretended to be for her Ballast And though indeed it was Merchandize and Entred yet were they not unloaded according to Law the Ship had her dispatches and was gone to Sea but by bad Weather was forced back and by accident Cast away or Stranded and then behold under her Bricks and Grindstones appeared great quantities of Guns and other Goods both prohibited and Uncustomed which the diligent Officers never dream'd of but this Case is very true and may serve to whet up their Memories against more Ships come to Clear there on the same score Having thus demonstrated the usual ways of the Jews which of
0 0 7 Hogsheads of White Sugar qr 57 C. 1 qr 7 l. 11 7 6¾ 00 0 0 16 Hogsheads 25 Bags and 2 Barrels of Tobacco qt 9238 l. 38 9 10 00 0 0 4 Tuns of Molosses 2 13 4 00 0 0 50 Bags of Cottons Wool free qt 101 56 C        356 14 10½ 38 9 0 Deducted 5 per Cent. 17 16 9 00 0 0  338 18 1½ 38 9 0 The Alien Duty hereon is totally omitted being one quarter part which amounts to the sum of 84 l. 9 s. 3 d. ½ of which the King is wholly deceived On unloading the Ship I found the Goods to be marked with 35 distinct Marks and I also found other Goods over and above the foregoing Entry the particulars whereof follow viz. Two Hogsheads of White Sugar qt 16 C. 0 qr 0 l. 3 Hogsheads of Tobacco qt 1000 l. A Parcel of Ginger qt 89 C. 1 qr 25 l. A Parcel of Fustick qt 21 C. 0 qr 0 l. A Parcel of Lignum Vitae qt 59 C 0 qr 0 l. 3 Copper Guns qt 13054 l. weight valued at 871 l. 4 s. 0 d. The Custom of which Goods would amount to 67 l. 9 s. 6 d. Add hereunto the Alien Duty aforesaid 84 9 3¼ And in all it amounts to the sum of 153 l. 16 s. 9 d. ¼ Which is near one third part of the whole customes besides all the Charge of unloading their Ground Tyre c Besides the Officers Fees which in that Port for every Alien Entry is 8 〈◊〉 and for every Alien Debenture 10 s. Now we may with greater reason believe that every particular Mark here belonged to a particular person and ought so to be Entred according to Law than that so many Marks should belong to one Man and a Master of a Ship too and they are 35. every one whereof ought to have an Entry Inward another Outwards and a Debenture each of which comes to 6 s. by an Alien and for 35 is 44 l. 0 d. 0 s. and the Officers have but 0 l. 15 s. 0 d. by an English so are paid 43 l. 7 s. 0 d. short and so much is saved to the Jews which added to the former 153 l. 16 s 9 d ¼ makes up 193 l 03 s 9 d ¼ Cheat to the King in his Duty and the Officers in their Fees of the Cargo of this one Ship from the Barbadoes though loaden with Goods which payes but small Duty except the small quantity of Tobacco and with Cotton-Wool which payes no Custom at all As soon as Sir Peter c. saw that nothing could be done with me but what the Law did direct the said Henry Sutton was privately dispatch'd away for London and as soon as I heard of it which was some days after I was advised to speed thither too which I did but Sutton had made such haste as that he was come back again to Honiton in Devonshire by the time I got thither in my Journey toward London And being met there he told me that he had procured an Order from the Commissioners to clear the Ship I demanded to see it but he told me 't was in the Male which could not there be opened so I took an opportunity to write to my Friends at Falmouth not to part with the Ship till they heard from me at London and proceeded thither where I found that Sir Peter Killigrew together with the Collector and Surveyor of Falmouth had mis-represented the Case to the Commissioners who had thereupon wrote to us Officers joyntly when our Interest was separate for the Collector and Survey or had Illegally dispatch'd the Ship and I was Prosecuting the forfeiture declaring that they saw no cause why the Ship or Goods should be detained But before I made my appearance before the Commissioners I stated my Case in writing to Mr. Attorney General and Mr. Searjeant Maynard who gave under their Hands that the Goods were Forfeited c. Also I had the Opinion of some of the Antientest and Ablest Officers of the Customs who declared the same and then at a day appointed attended the Commissioners who then were present being My Lord Cheyne Francis Milliagton and John Vptâ—n Esqrs Mr. Hutchinson appeared there as Solicitor for the Jews and in the Council Chamber I produced my Opinion of Council and 't was concluded the Law was clear on my side Mr. Hutchinson Argued that a great part of the Goods did belong to Jews who were made Denizens and produced two Patents of Denization which were read by Mr John Sanson and in the first of them the Clause that they should pay no more Custom than English was not Incerted and Mr. Sanson told them 't was not for their purpose then the other was read in which Mr. Anthony Gomasera and Mr. Anthony Losado were Named and that Clause Inserted and 't was said That would do I immediately demanded how much of her Cargo belonged to them but could have no answer Than I was left to try the Title at Law at my own Risque and Charge Indeed my Lord Cheyne said That their Purses were too Heavy for me and that they would be too hard for me if the Commissioners did not stand by me But Mr. Vpton then one of the Commissioners appeared openly against me saying I was too peâ—â— and that I aimed to grow Rich at once And at another time few days after when I acquainted the Board that I was told the Jews did design to Arrest me Mr. Vpton said He wondred that they let me alone so long and would not agree to Protect me though my Lord Cheyne offered it again Being thus left to the wide World I returned to Falmouth and Mr Sutton was again come for London leaving the Managery of his Concerns with Mr Bryan Rogers my Attorney sent me down a Wait of Appraisement naming the Officers of Falmouth for Commissioners Mr. Rogers by Directions from London desired me to admit of an Appraisement and that adding those Goods Sworn to be on Board besides those Entred to those which were Entred I would consent to pass it without the Charge of unloading c. To which by advice I consented and because it should be done as exactly as possible defired that the Land-wayter and Tydes-men who had been concerned in her Unloading before-hand might be Appraisers and then Mr. Sutton giving in good Security according to Law he might go on his Voyage as soon as he pleased which I verily thought as did Mr. Rogers also would be the safest and cheapest way on all sides But when it came to that the persons named for Commissioners would not stand they had dispatch'd the Ship Legally as they said and would not be concerned in any other manner So I was forced to nominate other Commissioners and Appraisers who would not Act without they saw the Goods and that could not be done without unloading the Ship which proved a very great Charge for me In the mean time
taking himself and another old man with me of his old acquaintance we went to the Tavern at our coming home again I met a supply of Money from Falmouth The next day Mr. Sheriff came and gave me a visit and the day after I was Bailed out and immediately returned to Falmouth totally discharged the Ship of her Loading and then cleared the Ship from any farther stop soon after I was told more Writs were Issued out against me and against every one that had acted by my Order and that wherever we were in that Country no cost would be spared to catch us which indeed I concluded to be true because Sir Peter had formerly protested the same and two of those I imployed were taken viz. John King and Thomas Chapman who were carried to Bodmin and there lay 10 Months in Prison at the Suits of Mr. Gomasera Losadâ— and Sutton King for 7000 l. Chapman for 11565 l. Some fled for fear and others by making Friendship with Sir Peter were spar'd though Writs had been taken out against all of them and the least I ever heard of was 5000 l. Therefore I thought it my best way to come for London there to prepare for the Iryal when I was come thither the Jews had notice of it and treated me both with fair Offers and Threats if I would not carry on the Tryal they offered me 150 Guineys by Mr Hutchinson which Mr. Levy the Jew hath since told me would have been made 200 if I would take it I answered that I would do nothing without leave from the Commissioners and that the King should equally have share in any Composition I made but Mr. Hutchinson prest the contrary saying If I made an end for my self none would prosecute the Case any further But I would not do it knowing it to be contrary to Law c. Though almost daily practised in this Port of London On which came on our Tryal at Lanceston the following Assizes my Information being grounded on the Act of Tunnage and Poundage and the 12 Act of the Book of Rates c. For not paying His Majesties Alien Duty and in case that point should be over-ruled I entred also about 30 C. weight of Ginger in the same Information which had not paid any Duty at all either by Jew or Gentile to be sure of a Verdict All along the Goods were wholly claimed by Mr Sutton and Mr. Skinner Master and Mate of the said Ships till at the Tryal the aforesaid Pattent of Gomasera and Losado was produced and read in Court and a French man and a Jew Servants to them Swore the whole Cargo belonged to the said Gomasera and Losad contrary to the Seamens Affidavit c. They also produced a Certificate from the Custom-house London which was read and by a Jury composed of one Principal and eleven Talismen I was cast And I cannot but hint that it was about the time when Ignoramus Juries were in fashion and that to assist the King with Money was Voted a Crime On which all the Goods Tryed I ordered to be delivered which was done but ordered that the Guns which were not Tryed should remain however they were by force got away as I have afore-mentioned Then though all the Goods were thus delivered yet the Jews Spleen was further Exasperated they took out more Writs against me that I could no longer remain in the Country so I came for London and Lodged in the Precincts of the Temple thence I frequently wrote to the Commissioners of the Customs giving them an Account of what had past and that I was assured I should be Arrested in a very great Action by the Jews if I appeared abroad except they would Protect me But in fine had for Answer a day appointed to appear before them without any Promise of Safety which if I did not do they would dismiss me and that in the mean time I stood Suspended When the day came on which was in the beginning of May 1681. I was again informed that I should certainly be Arrested if I came there I declined appearing giving the Commissioners my reasons for it but they proceeded to dismiss me according to the Resolutions they had taken among themselves Then Sutton came on hard against my Bail to whom by consent I yielded my self Prisoner in an Action of 8000 l. And the last day of Trinity Term came into the Fleet Prison in London where I had not been many days but some earnest business called me abroad again Mr. Warden gave me leave to go with a Waiter and I went to the Custom-house where I met with Sir Peter Killigrew who appeared just as became a Champion of the Jews and of their Cause telling me plainly That he would make me Rot in Prison that I must never expect to come out thence till Death c. And in the Evening I returned to the Fleet where in a day or two the said Jews Gomasera and Losado lodged Writs of Habeas Corpus against me for 5000 l. more so all that long vocation I was continued a Prisoner But when ever I had business abroad and applyed my self to Mr. Warden he freely gave me leave to go When the Term was approaching one Mr. Morasse a Jew coming to speak with a Jeweller then in the Fleet with whom Accidentally I was in Company The said Jew told me He knew how my business had gone and advised me to make Peace with the Jews at any rate assuring me That they were resolved not to spare their Purses and that he knew when that Frenchman and Jew went down to Lanceston to mannage the Tryal against me there they carried out 1000 Guineys along with them and did not bring back five Which Vaunting Speech I was not daunted at But the Term being on I had six Hearings before the Barons of the Exchequer and in conclusion made an end betwixt our selves they giving me about 50 l. in Money and taking off all their Actions and I giving a general Release to them to their Agent Sir Peter to the Collector and Surveyor of Falmouth and to as many more as they would Name who for their part offered the same to me but I as Innocent scorned any Thus was I after above 600 l. Expence forced to make this end with them then not without a perfect resolution to have another touch at them the next opportunity I could meet with Then I endeavoured to clear my self from the Debts I had contracted in Prison and in the Law Suits and found that I wanted about 30 l. to do the whole And considering my Imprisonment arose only from my Fidelity in my Imploy I thought on Petitioning for my Sallary during my Imprisonment and for a further Employ in both which I was advised to get an Interest with Sir Nicholas Butler and accordingly I did but thought it most proper to pursue my Designs for an Imploy first And I pitch'd on such an one as none ever had had before viz. A