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A43129 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 ... Hayne, Samuel, b. 1645? 1685 (1685) Wing H1216; ESTC R3059 33,579 43

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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 Losad● 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
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