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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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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