THE MANIFESTO, Of near 150 Knights, and Eminent Merchants and Citizens of LONDON, Against the Iews now in England; Being a Brief Account of the JEWS Case, (which is now become Natio­nal) in Relation to the CUSTOMS, &c.
Humbly Presented to the KING and PARLIAMENT, by Samuel Hayne, Gent. Sometime Surveyor for the Customs, and for the Act of Navigation, in the Counties of Devon and Cornwal.

N. 1 THOUGH the Clauses of Exemption from payment of Alien Duty, granted the Jews in their Patents of Denization by King Charles II. and King James II. 1. H. 7.2. 11 H. 7.14 22. H. 8.8, &c. Non obstante the Statutes were Void at the Demise of the first, and the Abdication of the last; and that the said Duty is given a new by Act of Parliament to His present Majesty; and that His Majesty has neither confirmed those non obstante Clauses, nor granted any new Patents of Denization with such Clauses: Yet the Jews presumed to enter their Goods and Merchandi­zes since His Majesties Reign in their own Names, paying on­ly English Duty, 12. Car. 2.1. W. & M. and for Non-payment of the said Alien Du­ty, the Goods so entred, or the value thereof, are entered. Hide Stat. in the Magent.

Which being taken in one of, Mr. Thomas Penington, one of His Majesties Officers at the Custom-House London, (with the privity of Mr. Samuel Hayne,) acquainted one of the Lords Commissioners of the Treasury with the whole matter, who did represent it to the King; and His Majesty being sa­tisfied, Mr. Penington was ordered to bring on his Informa­tions; and His Majesty declared, That he would not abate the Jews Three pence of what was legally due to himself, which is a Moity.

Soon after Mr. Penington enters his Informations in the Ex­chequer, Qui tam, 58000 l. &c. against some Jews in about 58000 l.—And before he could bring on his first Tryal, the Jews got an Order of Council for Mr. Attorney Gen. to enter up Noli Prosequies against those Informations brought by Mr. Penington, and against all others that should be brought a­gainst the Jews on the like Account.

However Mr. Hayne observing the Jews to be guilty of more Forfeitures on the same account, brought new Infor­mations against them for about 30000 l.. Non obstante the said Order. 30000 l.

☞ The Jews Petition, whereon this Order of Council is grounded, is for the greatest part filled with Illegal and False Allegations, which might have been replied to and detected. And to that purpose Mr. Pennington lodged a short Petition in Council, praying, That both parties might be heard. But when that Case came on (which was Nine Council Days attended) he could not get his Petition read though often urged. So the Order was past without ad­mitting any debate, of the Matter; as appears in Numb 3.

It is humbly supposed, That these Illegal Actions do na­turally fall under the Consideration of the Parliament; (the Case being National, 100000 l. and of above 100000 l. con­cern to the Crown.) For, 'tis the Parliament gives the Customs (and on non-payment thereof, the Moiety of the Forfeitures) to His Majesty, for the Supply of the Navy, &c. And these Noli prosequies, have all of them a Salvo Jure in the Conclusion. So that if the King be de­ceived in his Grant, they are revocable, and by Autho­rity, may be set aside, and the King restored to His Moiety.

A Copy of the Order of Council of Noli Prosequies.

At the Court at White-Hall, the 20 th. of February, 1689. By the King's most Excellent Majesty, and the Lords of His Majesty's most Honourable Privy Council.

UPON reading this Day at the Board, the Humble Petition of Antonio Gomezsera, Phineas Gomezsera, Andrew Lopez, Antonio de Costa, J [...]shuah Bueno, Me­nasses Mendez, Antonio Corea, and several others, making in all Twenty Merchants of London; setting forth,

  • (1) That the most of them being made Free D [...]nizens, are by Vertue thereof discharged from paying any more Customs, then his Majesty's Natural born Subjects.
  • (2.) And that, upon questioning the Validity of their Patents in the Date Reign, it was by the then Lord Treasurer, with Advice of the then Attorny General, upon a solemn hearing of Council on both Sides determined in Favour of the Petitioners; who were then told by the Commissioners of the Customs, That they might freely enjoy the Benefit intended them by their Letters Patents.
  • (3.) And afterwards, when Informations of Devenerunt were brought against them, for all the Goods they had Imported since the Death of King Charles the Second for Non-payment of Aliens Duties; the same, upon Application to His Majesty in Council, were stopt by Noli prosequies, and the Letters Patents thereby again confirm­ed:
  • (4) That now there are Suits commenced against them by one Thomas Penington, who has lately Arrested all the Petitioners in His Majesty's Name, for vast Summs of Money, being the Value of all the Goods they have Im­ported and Exported since the Eleventh of December 1688. and brought Informations of Devenerunt against them in the Court of Exchecquer, which greatly impairs their Cre­dits, and puts a stop to their Trading.
  • (5.) That such of the Petitioners as are not Denizens, have paid Aliens Duties for all the Goods they Imported, and the rest have not taken the Benefit of their patents, any farther than what concerns their own proper Goods, paying still, as Aliens, for what belonged to Foreigners, and was consigned to them by their Friends Abroad, inasmuch that for above one half of what they are Arrested for they have paid the full Duty as Aliens.
  • (6.) And as for Aliens Duty Out­wards, the same having been taken off by Act of parlia­ment in King Charles's Reign, and by proclamation in the Late Reign, as greatly prejudicial to the Exportation of the Woolen Manufactures, it was never demanded. The Com­missioners of the Customs taking it for granted, That it was [Page 1] [...] [Page]never intended by the next Grant of the Customs to his Ma­jesty; till of late the said Commissioners have been directed and have ordered the Merchants to deposite the said Duties Outwards, till His Majesty shall be pleased to declare his farther pleasure.
  • (7.) And the Petitioners therefore pray­ing to be relieved against the said Informations, by a Noli Prosequi, His Majesty taking the whole Matter into Conside­ration, was Graciously Pleased this Day in Council, to Or­der, That Sir George Treby, His Majesty's Attorney General, do cause Noli Prosequies to be forthwith Entred upon the said Informations, or any others that shall be brought against the Petitioners upon the like Accompt, it being His Maje­sty's Pleasure, that they enjoy the full Benefit of their Re­spective Letters Patents.
John Nicholus.

Remarks on the Order of Council foregoing for Noli Prosequies; which (with other things) would have been argued, if a hearing had been admitted.

  • (1.) THE very first Allegation is false, for by the Sta­tutes, Aliens made Denizens, must pay the same Duty they did before they were made Denizens, notwith­standing any Patents then granted, or afterwards to be gran­ted to the contrary.
  • (2.) However, King Charles the II. granted divers Jews Patents of Denization, with Clauses of Exemption from Payment of the Alien Duty non obstante the S [...]atutes. But that Duty, with the Customs, were given to the said King only for his Life, and that the Validity of their Patents were called in Question, is also False, for, 'twas only those non obstante Clauses were questioned. And my Lord Treasurer, the Earl of Rochester, never determi­ned in their Favour, but declared his Opinion to the Con­trary. But as for the Commissioners of the Customs, (over whom Sir Nicholas Butler had the Ascendant, and was to the Jews a particular Friend,) might, for ought I know, say as they Alledge.
  • (3.) The non obstante Clauses being Void by King Charles his Demise, and, by Act of Parliament, that Duty given a new to King James; and those Jews omit­ting to pay the same, Informations (after taking the Opi­nions of Sir John Holt, Sir Henry Pollexfen, Sir Crezwell Levi [...]tz, Mr. Fi [...]ch, Sir William Williams, and other Coun­cil Learned) were brought against them, and the Trial ready, but stopt by Noli Prosequies gotten behind the Backs of the Informants, by the interest of Sir Nicholas Butler, as Sir Thomas Powis, then Attorney-General, told them; but their non obstante Clauses are not thereby confirmed.
  • (4.) King James granted to those, and other Jews, the like non obstante Clauses, which, by Council-Learned, Mr. Penington was advised were Void by his Abdication. And the said Duties being given a new to Their Present Majesties, he did bring Informations of Devenerunt, as is set forth, and if it impairs their Credits, they have brought it on them­selves by their non-payment of the Duty.
  • (5.) Their Al­legations of paying Aliens Duty, &c. is but a Sham; for Mr. Penington cannot recover, but for such Goods as have not paid it.
  • 2 (6.) The Act for taking off the Alien Duty Outward in King Charles his Reign, was Repealed by the Acts 1 Jac. 2. and 1 VV. M. and there was never a Procla­mation to that purpose in King James his Reign, only an Order of Council during Heasure; against which, all the Merchants in England (except very few) Petitioned, but could not be redressed till His Present Majesty in Council the 1 [...]th. of Octob [...]r, 1693. Ordered its Receipt, a Copy of which Petition and Order, and the Merchants Address of Thanks therefore follow.
  • (7.) And now the Jews (cor­respondent to their former Art in King James his time) have procured this Order of Council without any hearing [...]ad of the Matter, which is humbly conceived would ne­ver have been granted, if his Majesty, (by whose Appro­ [...]ion the Suits were beg [...]n,) had heard the Matter de­bated.

Considering,

First, That His Majesty's Moity of the Prosecution amounts to above 40000 l. on Forfeitures past. 40000 l. That the Duty thereby cut off for the future, is at least 10000 l. per Ann. 10000 l. per An. That His Majesties Necessary Occasions must be provided for; and if this be remitted to the Jews, it must be sup­plied by the People of England.

Secondly, That the Ballance of Trade is thereby broken, and those Jews, by Vertue of their Illegal Clauses, let loose to over-run and Ruin the Trade of the English Merchants, both at Home and Abroad.

Thirdly, That these Noli Prosequies prove a Snare to the Just, whether Officer or other Legal Prosecutor; for, in­stead of Reaping the Benefit of their Legal Prosecutions, they are by Noli Prosequies caught in a Trap and ruined.

Fourthly, That this Order of Council bears date since the last Session of Parliament, and the Act of Rights, 1. W. M. &c. provides against all Non Obstantes, of, or to any Statute whatsoever: And, though these are only Noli Prosequies, yet they are to support and confirm pernitious Non Obstantes granted by King Charles and King James: Also the said Act declares the dispencing Power Illegal, and that no Forfei­tures shall be disposed of till after Conviction.

Fifthly, That most English Merchants have Estates, in Land, as well as Stocks in Trade. and pay Taxes for it, whereas the Jews Riches are past finding out: And, it must needs grieve the English to pay the New Taxes, when the Jews are Illegally exempted from payment of an Ancient Duty.

A Copy of Mr. Penington's Petition which he could not get Read.
To the King's Most Excellent Majesty in Council.

Sheweth,

N. 4 THAT your Petitioner, by Advice of Council-Learned, and mature Consideration, had with Your Majesty's fair dealing English Merchants, did lately bring Writs of Devenerunt qui tam, &c. against some Jews, who had defrauded Your Majesty in Your Cu­stoms, and illegally incroached on the Trade of this King­dom, in hopes that by a Legal Conviction of their Frauds, they may be obliged, for the future, to pay Your Maje­sties Customs according to Law, which will advance the Revenue at least Ten Thousand Pounds per Annum, and the true Interest of the Nation.

That Your Petitioner was lately informed, That the said Jews petitioned Your Majesty in Council for a Noli prosequi on the said Actions, to which Year Petitioner made an Answer, and petitioned Your Majesty, That both might be Read before any Determination were made in the Mat­ter; notwithstanding which, the said Jews now give out, That Your Majesty will grant the said Noli prosequi with­out it.

Your Petitioner therefore most Humbly prays Your Sacred Majesty, (considering that this is a National Case,) That You would please to hear both Parties, either with or without Council, and that then Your Majesty would please to give such Directions therein, as to Your Majesty in Your great Wisdom shall seem meet.

And Your Petitioner shall ever Pray, &c.

[...]

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.