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The First English Jew, Notes on Antonio Fernandez Carvajal
Lucien Wolf
<plain_text><page sequence="1">THE FIRST ENGLISH JEW. -* NOTES ON ANTONIO FERNANDEZ CARVAJAL, WITH SOME BIOGRAPHICAL DOCUMENTS. By LUCIEN WOLF. Materials for a biography of Antonio Fernandez Carvajal, otherwise Antonio Ferdinando, " the great Jew" of the Commonwealth as Violet calls him,1 are exceedingly scanty. The few references to him in the State papers and other contemporary documents relate almost exclusively to one decade of his life. For the rest we are left alto? gether to conjecture. We learn, however, from his patent of deniza tion2 that he came to England between 1630 and 1635. At that time he must have been at least fifty years of age, for when he died in 1659 he was described on his tomb-stone as "in a ripe old age."3 Early in life he had lived in Fundao,4 a town of Lower Beira, in Portugal, and the seat of a large and flourishing community of Marranos. Fundao was one of the industrial centres of Portugal enumerated in the political testament of the famous Luis da Cunha as having been ruined and depopulated by the Inquisition.5 Antonio Carvajal was probably among those of its Marrano merchants and manufacturers who were forced by the persecution to flee to Spain. A few of these refugees settled ultimately in the Canary Islands, where, under the direct protection of the King of Spain, they 1 "Petition against the Jews" (1661), p. 7. 2 See documents appended to this Paper, VII. 3 Jew. Quart. Rev., Vol. I., pp. 92, 93. 4 Deposition in Hohles case (Transactions Jew. Hist. Soc, Vol. I., p. 79). 8 Kayserlmg": Juden in Portugal, p. 329.</page><page sequence="2">THE FIRST ENGLISH JEW. 15 farmed the royal revenues, established vineyards and exported produce.1 Carvajal seems to have acquired some property in the Canaries,2 and it was no doubt in order to save to himself the profits which were then eaten up by the English middlemen in Cadiz and London that he visited and ultimately settled in England. This piece of enterprise made his fortune. The trade between England and Spain at this period was advancing by leaps and bounds, but the profits were all on one side. Thanks to the Inquisition and a vicious economic policy, the manufacturing industries of Spain had fallen on evil days. On the other hand England was on the threshold of her great career as a manufacturing country, and her merchants naturally turned their eyes to Spain, where bullion was plentiful and produce and raw materials tended through the cheapness of labour to almost a vanishing price. In 1605 the trade between the two countries had been organized by the establishment in London of the Society of Merchants of England trading with Spain and Portugal, and the Peninsula had been flooded with the factors of London and Bristol houses, who bought at their own prices the wools, wines, cereals, and minerals with which the country was overstocked. To the Canary Islands, however, they seldom penetrated, and the local wine growers and merchants had to carry their produce to Cadiz or Seville, where they were glad to accept whatever prices the English agents offered. The London merchant found the trade exceedingly lucrative. From a tract published in 1659,3 we learn that in the early part of the century?about the time when Carvajal settled in London? the profits of the Spanish merchants in London averaged over 100 per cent, on every transaction. We are told that for a parcel of English manufactures costing ?100 in London the agents in Cadiz would obtain ?125, and with this would buy ten pipes of Canary wine, which sold on the home market for ?300. Deducting ?90 for customs, excise, assurance and freight, a net profit of ?110 remained to the English merchant. Similar profits were yielded by the imports of cochineals, another of the chief products of the Canary Islands, in 1 Trans. Jew, Hist Soc, Vol. I., pp. 77, 78, 81, 83, 84. 2 Appendix V. 3 Richard Baker: The Merchants'1 Humble Petition, pp. 3, 10. This tract is full of valuable information about the trade between England and Spain,</page><page sequence="3">16 the first english jew". which Carvajal and his friends dealt.1 Under these circumstances it is not difficult to understand the motives which actuated Carvajal in settling in England. We hear nothing of his life in London previously to 1643. In the interval he seems to have gained for himself a position of importance in the city. He had married, had established a home and warehouse in Leadenhall Street, and had brought over from Spain a troop of cousins and brothers-in-law to assist him in his daily increasing business.2 He had his own ships, with which he now traded far beyond the Fortunate Islands?to the East and West Indies, Brazil, Syria, and other remote regions?while his agents were to be found in Signature of Carvajal (Bodl. MSS. Rawl. A. 12, fol. 75. See Appendix I.). all the large mercantile centres of the Continent.3 Of his high character and perhaps some personal geniality we have evidence in the fact that, although he Was already a wealthy man and an alien, whose competition must have largely interfered with the monopoly of the Society of Spanish Merchants, he excited no envy. He pretended to be a Papist and was suspected of being a Jew,4 and - yet when in 1645 an informer denounced him and his household for not attending church under an old Act of Elizabeth, all his competitors in trade and many of the leading merchants in the City petitioned 1 Hist. M?S. Com., Vol. VI., pp. 102, 103. 2 See Will in Trans. Jew. Hist. Soc.f I., pp. 86-88, and references to names therein mentioned in Calendars of State Papers. 3 Various Petitions in State Papers (see Calendars under Ferdinando and Carvajal, 1649-58). 4 Violet: Petition, &c, p. 4.</page><page sequence="4">THE FIRST ENGLISH JEW. 37 Parliament to protect him, and the House of Lords summoned the informer before them and quashed the proceedings.1 A score or so of documents relating to Carvajal's mercantile transactions have been preserved among the State Papers. They throw not a little light on the nature and ramifications of his business. In March, 1643, he presented a petition to the House of Lords for payment for a cargo of three hundred barrels of gunpowder which Messrs. Trip & Co., of Amsterdam, had consigned to him, but which had been intercepted and seized by the Earl of Warwick "for Parlia? ment service."2 A year later he petitioned the Peers for an order for the restoration of a picture of St. Ursula and the Eleven Thousand Virgins, which had been saved near Arundel Castle out of a ship going from Dunkirk to Spain, and which it appears belonged to Francisco Lopez Franco, a Spanish merchant, from whom he (Carvajal) was in the habit of receiving large consignments of bullion.3 In 1646 he figured in a lawsuit, the papers of which reveal other remunerative branches of his business. A vessel containing a large cargo of cochineal and silver had been seized by Parliament for an infraction of the naviga? tion laws, and Carvajal had made an advance of money to Government on the cochineal. At the same time, acting on behalf of a Rouen correspondent named Diaz, he figured as a claimant for other portions of the cargo.4 In 1649 he was one of the five merchants in the City of London to whom the Council of State gave the army contract for corn.5 In the following year, when war broke out with Portugal, his goods and ships were specially exempted from seizure by a warrant of the Council of State.6 This privilege involved him in not a little litigation. More than one information was laid against him, charging him with colouring the goods of other Portuguese merchants in London ; but none of them seems to have been established to the satisfaction of the Courts. Carvajal continued to prosper, and in 1651 we find Thomas Violet, in his pamphlet on the " Advancement of Merchandise " advising the Government to confer with him on the question of the transport of bullion.7 His trade in bullion appears to have been very con 1 Appendix II. 2 Ibid., I. 3 Appendix I. * Ibid. IY. 5 Chi. S.P., Dom,. (1649-50), p. 255. 6 Appendix III. 7 Page 27. VOL, Ii. C</page><page sequence="5">18 THE FIRST ENGLISH JEW. siderable. He imported it afc the rate of ?100,000 a year,1 making returns to his foreign correspondents in British manufactures.2 In July, 1655, he and his two sons were endenizened,3 and the fact was considered of so much importance that Thurloe noted it down in his memoranda of the meeting of the Council of State at which the grant was made.4 Carvajal was thus the first English Jew of whom we have any record. This grant was very nearly ruining Carvajal. War broke out with Spain, and as a British subject his goods were liable to seizure by the Spanish authorities. At that moment he happened to have a large accumulation of property in the Canary Islands, and it became necessary to rescue it. He laid his difficulties before Cromwell, and a plan was agreed upon which seems to have succeeded. A vessel named the Seafortune, of Dover, was chartered, re-christened, and manned by a Dutch crew. This vessel was then sent to the Canaries, where CarvajaPs factor, acting under instructions from London, shipped all the goods and provided them with bills of lading addressed to two Amsterdam merchants, John Lopez Chillon and Philip van Hulten. Meanwhile the British men-of war received instructions to assist the ship in its voyage to London.5 It is very evident from ihis incident that CarvajaPs influence with the Parliamentary Government was due to circumstances other than his wealth and his eminence as a London merchant. What these circumstances were I was fortunate enough to discover five years ago. Carvajal was, in fact, one of those Jewish political intelligencers whose services to the Commonwealth are vaguely referred to by Gilbert Burnet, Thomas Burton, and other writers of the time. The wide ramifications of his commercial transactions, and his relations with other Crypto-Jews all over the world, placed him in an unrivalled position to obtain news of movements of the enemies of the Common? wealth. From the favour he enjoyed at the hands of the Parlia? mentary Government as early as 1644, it seems probable that his intelligencing services covered the whole period of the Puritan regime, and that in the wars with Holland, Portugal and Spain, he was one of 1 Appendix I., fourth and fifth petitions, 2 Appendix IV. 3 Ibid. VII. 4 Thurloe State Papers, Vol. III., p. 688. 5 Appendix V.</page><page sequence="6">THE FIRST ENGLISH JEW. 19 the chief sources of the information which gave victory to the British arms. No doubt many of his letters of intelligence were destroyed, and of others only copies, without any indications of their origin or destination, were kept. However, two of his original letters of intelligence have been preserved, and by their means I have been enabled to trace a series of fourteen despatches, which in their original form were addressed to him by a spy in his employ, and transmitted by him to Thurloe. The nature of these despatches, and the evidence establishing their connection with Carvajal, I have already discussed at length in a paper on Cromwell's Jewish Intelligencers.1 It would seem from them that when in 1656 Charles II. and representatives of the King of Spain were concerting plans at Brussels for an invasion of England, Thurloe applied to Carvajal for a trusty spy to proceed to the Royalists' encampments at Flushing and Ghent. The man selected was the husband of one of Carvajal's servants. His name was pro? bably Somers, but he passed also under the names of Butler and Goldburgh. At the same time Carvajal sent' to Flanders one of his relatives, Alonzo de Fonseca Meza, who was probably bound on the same errand. Only the despatches from Somers, alias Butler, have been preserved, but they are full of valuable information with regard to the number of the Royalists' levies, the nature of their equipments, the vessels engaged to transport them, the moneys received and expected from adherents at home and abroad, the spies despatched to England, the relations between Charles and Spain, and many other matters of vital importance to the Parliamentary Government. There can be little doubt that wheu in 1657 the Commonwealth frigates saved England from a renewal of the civil war by the seizure of the Royalist shipping at Ostend, the information obtained by Carvajal through the medium of his spies was a factor of considerable import? ance in the success of that enterprise. Meanwhile the country had been agitated by another great ques? tion in which Carvajal had played an important part?the question of the re-admission of the Jews to England. Since the expulsion by Edward I. in 1290, Jews had frequently visited and even resided for long periods in the country; and there is reason to believe tnat some 1 Wolf : CromwelVs Jewish Intelligencers. (Reprinted from the Jewish Chronicle.) London, 1891. c 2</page><page sequence="7">20 THE FIKST ENGLISH JEW. thing in the nature of a secret communal organization had existed among them.1 However that may be, it is certain that soon after Carvajal's arrival Jewish divine service was regularly held in London. How far this was directly due to his personal initiative is shown by the fact that the first Rabbi of the secret Synagogue established in Creechurch Lane was his cousin Moses Israel Athias. In public Carvajai and his friends followed the practice of the secret Jews in Spain and Portugal, passing as Roman Catholics and regularly at? tending mass at the Spanish Ambassador's Chapel.2 In this condition they remained throughout the agitation, which commenced in 1643, for the revocation of Edward L's banishment of the Jews, and when in October, 1655, Menasseh ben Israel arrived in England on his historic mission to Cromwell, they still, and very wisely, made no sign of their true religious identity. None the less they must have watched the progress of his negotiations with profound interest, especially from the moment that the outbreak of the war with Spain rendered such of them as were Spanish subjects liable to have their goods confiscated. The first result of Menasseh's mission, although unsatisfactory from the point of view of the Rabbi, proved a considerable gain to the Marranos. It had been decided by the Council of State that Jews were free to settle in England ; and this alone would have enabled them at a convenient opportunity to discard their character of ordinary Spaniards or Portuguese. Still nothing had been determined as to the conditions upon which Jews might live in the land; and as qua Jews they would be neither aliens nor natives, there was always a chance that Parlia? ment would impose upon them restrictions and disabilities which would render their right of residence a barren privilege. It was very evident from the temper of the Council of State and from the Con? ference consulted by Cromwell that no further concessions were to be expected from those bodies. But some action was urgently necessary, and in their dilemma the Marranos probably turned to their wealthy and influential chief Antonio Carvajai. Now, it is important to ob 1 Publications of the Anglo-Jewish Historical Exhibition, Vol. I., pp. 53-79 ('The Middle Age of Anglo-Jewish History," by Lucien Wolf). See also 44 Orypto-Jews under the Commonwealth," by the same writer in Trans. Jew, Hist. Soc, Vol. I., pp. 55-88. 2 Violet: Petition, &c, p. 4.</page><page sequence="8">THE FIRST ENGLISH JEW. 21 serve, that he alone in the secret community had nothing to gain or lose by whatever solution of the Jewish question might have been resolved upon, for his denization had already invested him with all the privileges of a British subject. None the less he seems to have actively interested himself in the movement. Yiolet says that he told him that "the Jews were to advance one million of money to have liberty to bring in two thousand Jewish merchants and their families to be naturalised."1 This is probably only Violet's exaggerated way of saying that Carvajal was favourable to the Resettlement.2 At any rate it is certain that he associated himself with Menasseh and petitioned the Protector for permission for the Jews to hold divine service in their private houses. This was granted. Then in the same way Carvajal joined Menasseh and the other Marranos'in asking per? mission to acquire a burial ground, and again the Protector yielded to their wishes. One further privilege yet remained to be secured: the freedom to trade on an equality with other merchants. Before this could be negotiated however the storm which the Marranos had foreseen broke. One of their number, Antonio Rodrigues Robles, was denounced as a Spaniard and Papist, and the confiscation of his property was demanded. Robles at once declared that he was a Jew, and this defence was held good by the Council of State. Carvajal and several of his followers, who had testified in favour of Robles before the Council, seized the opportunity to throw off their disguise, and in the following February, Carvajal, in association with his friend Simon de Caceras, leased a piece of land in Mile End for the purposes of a Jewish cemetery.3 Menasseh ben Israel, disappointed at his failure to obtain the unconditional readmission of his co-religionists to England, returned to Holland, where he died in November, 1657. The question of the right of the Jews to trade was still unsettled. It is certain, however, that it was decided in Cromwell's lifetime. On this head the most 1 Violet: Petition, &c., p. 7. 2 The author of a contemporary pamphlet, The Great Trapanner of England, says that Violet was " an abominable liar." 3 These transactions have been fully dealt with by the present writer in a paper on " The Resettlement of the Jews in England " (reprinted from the Jew. Chron.), London, 1888 ; and in Vol. I., Trans. Jew* Hist. Soc., pp. 55-88.</page><page sequence="9">22 THE FIRST ENGLISH JEW. convincing testimony is afforded by an official petition presented by the Corporation of the City of London to Charles II. immediately on his restoration in 1660.1 This document, which is a prayer for the expulsion of the Jews, positively states that Cromwell granted "ye admission of Jews to a free cohabitation and trade in these dominions." Who obtained this privilege ? It is obvious that only one man could have done so. That man was Antonio Fernandez Carvajal. Indeed a much disputed passage in Burton's Diary declares, under date of 4th February, 1658, that "the Jews, those able and general intelligencers, whose intercourse with the Continent Cromwell had before turned to a profitable account, he now conciliated by a seasonable benefaction to their principal agent resident in England." I regard this passage, for reasons I have already stated,2 as referring to the privileges spoken of in the Corporation petition of 1660, and I cannot think that, in view of its context, anyone can doubt that the " principal agent" of the Jews, to whom these privileges were given, was any other than Antonio Carvajal. However that may be, we are on surer ground in claiming Carvajal as the founder of the Anglo-Jewish Community. He was certainly chief of the Marrano Congregation which met in Creechurch Lane before and after the resettlement agitation. He was also the chief mover in the purchase of the Mile End cemetery.3 This was prac? tical work in the early organisation of our community, with which Menasseh b( n Israel had nothing to do. Carvajal died in November, 1659, leaving a widow and two young sons.4 One of his sons became a broker of the City of London,5 and both died in middle age, apparently unmarried.6 Of CarvajaPs personal character we know little. He was not a garrulous man, he wrote no books, and the few letters of his which have been preserved are practical matter-of-fact business documents, 1 Jew. Chron. Nov. 15, 1889. 2 Jew. Chron.^ Jan. 26, 1894 ; article on "Resettlement Day." 3 Jew. Chron.) Nov. 26 and Dec. 3, 1880 ; paper by Mr. Israel Davis. 4 Carvajal's Will. Trans. Jew. Hist. Soc., Yol. I., pp. 86-88. MSS. of Emanuel Mendez da Costa, Brit. Mus. Add. MSS., 29, 868, fols. 15 and 16. 5 MSS. of the City of London, Rep. CL, p. 206. 6 First Burial Register Span, and Port. Synagogue. Carreiras III. and VIII.</page><page sequence="10">THE FIRST ENGLISH JEW. 23 singularly free from subjectivity. None of his actions at law ever tempted him into autobiography. He had, however, no weakness in the direction of "whispering humbleness." From one of his petitions to the Council of State, it appears that he was in the habit of riding a horse, and of carrying side arms.1 His nature was choleric even in old age, for in 1658, when he had a dispute with the Commissioners of Customs over a cargo of logwood which had been seized by them, he collected a number of his friends, secured the Customs surveyor on board one of his ships, broke open the Government warehouses, and carried off his merchandise. When he died, a special committee of the Council of State, which had originally been presided over by Richard Cromwell, was enquiring into this highhanded proceeding.2 For the rest, his epitaph3 bears testimony to his hospitality, his gene? rosity to the poor, his truthfulness, and his high sense of honour. Epitaphs, of course, are not always reliable, but there is a touch of poetic justice in the accident which has preserved the copy of this inscription in the Leipzig Rathsbibliothek after the destruction of the tomb on which it was originally inscribed, and during nearly two centuries and a half of complete oblivion. If there is any exaggeration in it, it seems to me that Carvajal has deserved it. 1 Cal. S.P., Dom. (1650), p. 248. 2 Appendix VI., last document. 3 Jew. Quart. Mev.f Vol. I., pp. 92-93.</page><page sequence="11">24 APPENDIX. I.?VARIOUS PETITIONS. (House of Loeds MSS.) To the Right Honoble the Lords now assembled in Parliament. The humble Petition of Anthony Fernandez Caruajal in the behalfe of Pieter Trip and Company Marchants of Amsterdam Sheweth, That the said Pieter Trip and Compa in the yeare past 1642 did lade att Amsterdam aboard an English ship whereof Richard Wilde was Master 300 barrills of pouder & consigned them to be deliuered to his factr of Douer Dauid hempsen, but before the deliuerie of them the Right Honoble the Earle of Warwicke tooke the said pouder and 39 barrills more woh were consigned unto Van Tienen and Pieters of Douer for the Parliam* seruice, as by vertue of a warrant from the Committee for the safety of the Kingdome doth appeare bearinge date the 17th of Januarie 1642 thereupon there was an order passed, both the howses of Parliament bearing date the 13th of Januari 1643 for the paym* of twoo thousand pound to seuerall Merchants mentioned in the said order for armes and amunitions, whereof there was Allotted vnto the said Dauid Hempson for the said Pouder the somme of one thousand three hundred foure score and nine pounds eighteen shillings For as much that the said Dauid Hempson was neither is but a facter in trust for the ppriators and that he hath receaued 450lb in part of Payment thereof and hath in no wise made good the said money to the right propriatr8 and Contrary to the trust reposed in him hath transferred the receipt of those moneys vnto one Adriaen Hendrix and others, thereby to deceaue the ppriators Wch vnderstanding the said propriatrs have sent from beyond the seas a Letter of Attorney to ye Petition1" and Pieter Fountaine or either of them for the recouerie and receipt of the said moneys. The prmises Considered the Petr humblie prayeth yr Lopp8 to referre the hearinge hereof vnto the Comittee of the nauie and they to report vnto yr Lopps as they shall conceaue to be just thereby that a new order may passe both howses of Parliam*, that the true Propriator maye haue his owne, And that in the meane time Sr Gilbert Gerrard Barronet, treasurer</page><page sequence="12">the first english jew. 25 of the Army, be ordered not to make any further payment vnto the said Dauid Hempson or his assignes, vntill it shall be further ordered from both Howses of Parliament. And yr Petr shall pray etc, Ant0 Fernandez Caruajall. Endorsed 14 Mar. 1643. Anth0 Fernandez Caruaial. Referred by Order. To the Right Honoble the Lords assembled in Parliament. The humble Peticon of Ant0 Fernandes Oaruajal of London Marchant Humblie sheweth That the ship the S* Jacques of Dunkercq whereof Pieter de Vos was Master was of late going from Dunkerke to Spaine for her safety forced neere Arundel Castel, and moste parte of her goods saued and by order of the House of Comons restored againe to the proprietaries paijnge 3500lb for saluidge wch accordingly hath been paid For as much your Petition1*3 principall Francisco Lopez Franco ijfeo one of the king of Spaines Contractors (who sends yeerly great quantity of bullion into this kingdome) had in the said ship a great picture of S* Urcule wth the eleuen thousand virgins wch said Picture is in yr Lorpps Custodie It is humblie prayed that yr Lorpp3 will be fauorablie pleased to order that the said Picture may be restored and ship out to be sent for Spaine And your Petire shall Euer praye etc Antonio Fernandes Carvajall. Endorsed 24 Martij 1644 Antonio Farnandes. To the right hobIe the Lords in Parliam* assembled. The humble peticon of Anthony Fernadus Car auahall Sheweth That ye Petitioner hath bene long molested and troubled by one T Core on ye behalfe of Sr Willm Curteyne for certeine Premios of Assurances proceeding of Policies pretended to be made by ye petr and by Daniell Fairefaque for the petr. And although it hath bene set forth by the petrs learned Councell to ye Comission* appointed for ye heareing of causes of Assurances that they have noe Jurisdiccon nor power to proceed in this cause in regard the said Policies are not entred and Recorded wthin ye Office of Assurances according to ye Statute of the 43th Eliz.</page><page sequence="13">26 the first english jew. 12th And also that the Assurer bore noe Adventure by ye said Policies, and therefore noe Premio due. And diners other Reasons shewed in the peticonrs defence. Nevertheles ye said Comissionrs haue decreed and sentenced the petr and the said Fairefaques to pay the saidPremios and will not admitt of any appellacon on the peticoners behalfe (though prescribed by ye said Statute) but haue sub? scribed Warrante of Execucon for ye said Premios. The Peticoncer having no other Remedie Humbly prayeth yor honors for releife by heareing of ye Petrs Counsell, and by ye consideracon of ye said Statute, wch is the sole rule of the said Comissionrs proceedings And to Order that in the interim the Execucons awarded may be sus? pended. And the petr will either giue securitie or depositt the money where yor Lopps shall appoint And humbly submitt to yor Lopps finall determinacon herein And the Petr &c. Ant0 Fernandez Caetjajal. Endorsed 2 Mar 1649 Anth. Farnadus Caruahall. (Bodleian Rawl. MS. A. 12, fol. 75.) To His Highnes Oliuer Lord Protector of the Commonwealth of England, Scotland and Ireland, and the Dominions thereto belonging. The Humble Peticion of Antonio Fernandez, Carvajal, Merchant. Sheweth That the Peticioner hath formerly imported great store of plate and Bullion to this Cittye and would now perswade and encourage his correspond? ents to send more in reguard of the present Peace and hopes of safetye, But the Peticioner is f earf ull, That the speech of the People, of Letters of marque to be graunted againt Spanish Goods will bee a great hinderance, together with the weekly pamphlets, which flye about in Print expressing that there are such letters of Marque graunted, which though it bee not true, yet will hinder and discourage men to aduenture without some assurance or safe Conduct. The Peticioner therefore humbly prayeth that your Highnes would bee pleased to declare and order. That whatsoeuer plate and Bullion shall bee laden in English Shipps to bee brought for Douer or London may come safe and secure from any seizure or other trouble: And that all and euery the subjects of this Commonwealth may bee for? bidden to make any stoppe or seizure of any Bullion Consigned for these parts as aforesayd upon, any pretence or title whatsoeuer. And the Peticioner, etc. Ant0 fe, Caetjajal. [Endorsed t?] The peticion of Antonio Fernandez about inportinge plate.</page><page sequence="14">the first english jew. 27 (Domestic State Papers. Vol. cxxiv. 20. 1655-6.) To his Highnes Oliver Lord Protector of ye Oomon Wealth of England Scotland & Ireland &c. The humble Peticon of Ant0 Fernandez Oaravajall of London Merchant. Sheweth That yor Petr hath imported into This Comon Wealth in Spanish mony and Barres of silver within the space of two yeares To ye vallew of Two Hundred Thousand pounds. Out of all which hee hath not transported any. Though allowed by Act of Parliament for two thirds. But soe it is That yor Peticor hath now an Occasion (for himself and Com? pany) to transporte seaven thousand pounds in Spanish mony and Barrs for the East Indias in a ship that is to her direct Returne from thence to England. And yor Peticon1* wilbe obliged within six monthes after to bring to yor Highness Mint full the one h?lfe of what hee transportes. And to pay what Custome yor Highness shall think meete. In all which yor Peticon1* submitts to yor Highnes grave and prudent Judgement. White Hall. * Jan. 26, 1655. This petition and petitioner is referred by his Hines to the consideracon and order of His Privy Councill. Nath1. Bacon. Intrr. Ant0 Fernandez Caravajall. ent. 5 Febr. 1655. II.?PROSECUTED AS A RECUSANT. (House of Lords MSS.) Die Jo vis 16? Januar. 1644. Uppon the reading of the Peticon of the English merchants this day in the House complayning that one Willm Sherman psocuts the Lawe ag* one Anthony Farnandes, and other Strangers, for not coming to Church, contrary to the 19th Article of Peace betweene ye Crownes of England and Spaine wch may bee very priudiciall to the English merchant trading in the Domynions of Spaine It is ordered by the lords in Pari* assembled That the sd Willm Sherman shall appeare before their lopps forthwith after sight hereof to shewe cause whie hee prosecutes the said Suite And that the said 19th Article shall bee brought before their lopps at the appearance of the said Sherman. Jo: Browne, Cleric. Parliamentor. Endorsed 16 Januar 1644. Anth. Farnandes. * Sept. in Calendar,</page><page sequence="15">28 the first english jew. III.?GOODS EXEMPTED FROM SEIZURE. (State Papees Domestic. 1650. Page 67.) Die Mercurij, 4 September 1650. Lord President, Sr Sam Harrington, Aid. Pennington, Col. Stapeley, Mr Scot, Coll. Jones, Mr Bond, Lo. Comr Lisle, Col. Pnrefoy. That Don Antonio Fernandes de Caravajal shall not bee molested in his trade exchange or traffique or have anie of his goods seized by virtue of anie Warrant given out from this Council to anie of this nation for the seizing of anie of the goods of the subiects of the King of Portugall within this nation. And a Warrant is to be given unto him to that purpose. IV.?THE CASE OF THE SHIP CLARE. (House of Loeds MSS.) To the right honoble the Lords and Comons assembled in Parliament. The humble petic?n of Anthony Fernandes Carua Jail subiect to the King of Spaine. Sheweth That of the Cochaneel and silver that came in the shipp Clare to Southamp? ton wch was seized by an Order of both houses of Parliament of the Seaven & twentith of August 1642 there was Eleaven chests of the said Cochaneel and Six thousand nine hundred pieces of eight which Marcos de la Rombide brought for accompt of Saluadour and Joseph of Cadiz and by order of Ant0 Dias of Roan their corespondent the said Cochaneel was deliued to the Petr and One thousand eight hundred twenty nine pounds advanced therevppon to the Parliam* and retornes made to ye said men of Cadiz in linnens as they desired in full confidence that the proceed of the said Six thousand nine hundred peeces of eight and the said One thousand eight hundred twenty and nine pounds would be repaid to the Petr in due time to satisfie his disembursements But about 15 moneths after the said returnes were made one Martin de Lazon a frenchman came to claim e the said Cochaneel and silver by peticion to ye honoble Comittee of the Nauie and wth his sinister relacons and counterfeit titles and instruments hath obtained an order to haue the publiqs faith for the vallue of the said Cochaneel & Rialls Insomuch as the Petr is enforced to employe yor honors aid in this case that the said order may not take effect vntill his titles and instruments by wch he claimeth be duly examined and the Iniury to the peticon appearinge to yor Lordshipps And that the said Lazon hath no iust right nor title to the said goods. The Petic?ner for that purpose humbly prayeth yo5" honors to cause the said Lazon to exhibite his said titles and instrumts that they may be compared wth the proofes iudicially made in Cadiz and that the PetrS right may be preserved accordinge to the said order of the Seaven & twentith of</page><page sequence="16">the first english jew. 29 August 1642 and his damage repaired and that the said Lazon may be punished accordinge to his meritt, or that the parties may be referred to haue their tryall at law as by the order of Parliam* of the 22th of December annexed is declared. And the Petrs shall pray, &c. Ant0 Fernandez Caruajall. Sabbathi 27? Aug*: 1642. Whereas the Lords and Oomons assembled in Parliament are informed that a shipp called the Cleare of London, is lately arived in the Port of Hampton, whereof Mr Benedict Stafford is Master from the West Indies, laden with Silur, and other Oomodities of valew wch the said Mr hath brought thether w*hout consent of the Owners of the Silur, and other Goods, whereof part or all is already Landed and Oarryed to the House of Mr Legay, Marchant, Owner of the same Shipp It it this day Ordered by the Lords and Oomons, That the Comittee and Deputy Luietennants of the County of Southton, shall forthwth vpon the Receipt hereof send two of their owne Company to Southton, and there, wth the Assistance of Mr G-allopp and Mr Ypton, Burgesses serving in Parliam* for that Towne, shall call before them the said Mr Legay, Benedict Stafford and such others as shalbe best able to Informe them of the Truth of the Premisses, and of the Valewe of the Bullion, or Coyne, and the Quantitie and Quality of other Lading, and to take the Bullion or Coyne into their owne Custody, to be brought vpp to London wth a sufficient Guard That soe it may be kept to the vse of the true Owners to be restored as soone as the Pliamene shalbe informed to whome the same doth belong ; It apperteyning to the Honour and Justice of this High Court to see that right be don ; And that noe Subiects of any Forreyne State be wronged by the miscarriadge of any of his Mats Subiects in this King dome; Touching the other G-oods, it is Ordered, That the Comittee shall Certifie their opinion what is best to be don wth the same Goods, That a true Accompt may be made of them to all Parties wch shalbe iustly Interessed therein ; Willing & Requiring the Maior and Sheriff or Sheriffs of the said Towne of Southton, and the County of the said Towne; As likewise the Sheriff of the County of Southton, wth the Power of their seurall Counties, and of the said Towne, and all Justices, and Deputy Luietennants of the said Counties, and Towne, and all other his Mats loving Subiects to be Ayding and Assisting there vnto, And for their soe doeing this shalbe their sufficient warrant. Copia vera. H. Elsynge Cler. Jo: Browne, Cleric. Pari. D. Com. Parliamentor. Endorsed 1642 Antho. Farnandes, Exped.</page><page sequence="17">30 the first english jew. Die Jovis 22? Decembr. 1642. It is this day ordred upon the question by the House of Comons that the Cocheneale deposited in sr John Nuls hands bee forthwith sold and that a declaracon bee made of the true state of ye buisnes. Resolued &c. That the pretenders to the Cocheneale siluer ginger and hides and other commodities brought in the ship clare into Southton and there seised by order of Parlyament be left to their tryall at Law. Resolued &c. That the mony that the Cocheneale shal bee sold for and likewise the siluer that was Coyned and the mony that the ginger and hides and other goods brought to Southampton in the Ship Clare and stayed there by order of Parlyament are sold for shall be secured by publick faieth. Resolued etc. That it bee refferred to the Committee for aduance of monies to take Care for the sale of the said Cocheneale and to prepare a declaracon and to dispose of the ginger and hides as they shall thinck best either by sale at Southampton or by Causing them to bee brought vp. H. Elsinge Gier. Pari. D. Com. Endorsed 1642 Copea de orden de 22 Decr To the Right Honoble the Lords now assembled in Parliament. The humble Peticon of Ant0 Fernandez Caruajal Marchant Stranger dwelling in London Sheweth That whereas one Martin delazon pretendeth to be proprietarie in 6900 peeces of Eight and 71 arroues of Cochenelle brought home in the ship the S* Clara from S* Domingo vnto Southampton and that the same was accordingly referred to the Judge of the Admiralty although wthout the consent of the Petr Who only reported that he Conceaued the said goods were the proper goods of Martin de Lazon All wch the Petr denieth to be true for that before the said Judge the said delazon did only produce certaine papers for that there was not before the said Judge neither before any other Court of Judicature any Legal proceedings. And since it hath pleased the honoble Comittee of the Nauie to make a reference to Certeine merchants to report what was due unto the pet1" vpon the said goods In regard great Summes of moneys was aduanced by the Petr vpon the said goods and returnes made to the proprietaries in Spaine vpon the account of the said goods wch report being made to the Comittee of the nauie itt will then</page><page sequence="18">THE FIRST ENGLISH JEW. 31 appeare that the proceed of the said 6900 peeces of Eight and 71 Arroues of Cochenelle properly belongeth vnto the petitoner. The Petr humbly prayeth yr Lopps that no ordinance of Parliam* be granted to the said Martin delazon for the 6900 peeces of Eight Gochenile or any part thereof vntill first the truth shall appeare by a legall waye of proceeding in the High Court of Chauncerie wherby the Petr may obtayne Comission to examine witnesses beyond the Sea of the vnjust proceedings of the said Delazon in those papers he hath produced wch the Petr hopes that yr Lopp8 will be of opinion shall not binde vp the Petr wthout a legall waye of proceeding the question being between forraigner and f orreigner & the matter meum and tuum. Therefore the Petr most humbly prayeth yr Lopps that no further proceed? ings may be done therein vntill the same hath been duly debated according to Justice and Lawe. And yr Petr according to his duty shall pray etc. Die Martis 3? Martu 1645 (qnery 1643, see last document of series). Yppon Reading of the petition of Anthonio Fernandez Caruajal subject to the king of Spaine this day vnto the house, Complaining against one Martin de Lazon a french-man touching Cochenill and Siluer Landed at Southampton and seized by order of both houses of Parliament dated the 27th of August 1642 It is ordered by the Lords in parliament assembled that the said businesse is thereby referred to a triall at the common law and that all the proofes in the cause be made vse of att the hearing according to legall course. Jo: Browne Cleric: Vera Coppia. Parliamentor. 20 Septembr 1645. Comttee Nauy. In January 1644 Cap* Martin de lazon prsented his petition vnto the house of Commons weh is hereunto Annexed praying his propriety in 6900 ps of f and 71 Arrones of Cocheneale brought home in the S* Clara from St0 Dommingo vnto Southampton be examined & Justice done to him The same was accordingly referred to the Judge of the Admylty who returned the annexed report that the 6900 ps of I & 71 arroues of Cocheneale were the proper goods of Martin delazon On the whole it is the opinion of this Comtee that the house be moued to passe an ordinance vnto the said delazon giuing him the publicke faith of the king dome for the paym* of the said 6900 ps of f wch att 4SS 2| make 1451bs I7SS 6 But in regard Ant0 Fernandez Caruajal aduanced money to the Parliament Vpon the Cucheneale & ? made returnes to persons in Spaine on the acc* of the same that no determination be att prsent given therein vntill the Acc* be audited & perfected. Endorsed Anth. Fernandez.</page><page sequence="19">32 the first english jew. To The Right Honoble the Oomittee of the-Name. The humble petieion of Anthony Fernandez. Sheweth That in obedience to an order of the 5th of august of the Honble Oomittee Mr Wright Cap* Cranley Mr Kiluert Mr Bland and Mr Cason did meete to geither and on the behalfe of Martin delazon their was only prsented the said order and the new pcuracon dated the 25th of June last and thereby Lason prsented that the Ref erree should make Report that he was the proprietor of the 11 Chest of Cochonell and 6900 peeces of 8 in question and though the Petr did produce severall leters from Saluador and Joseph to the consideracion of the said Referees and did allsoe prsent an accompt unto them for the Cocheneel aforsaid and the Retturnes made thereof to the said Saluador and Joseph whereby it appears that there is much money due unto the peticoner yett in regard the said order hath limited the said Referees to consider of the said order and papers annexed they would not Receiue nor peruse the said accompt nor make Report thereof nor without other order would certify the peticoners answer nor more then that the new procuracon is sufficient to take an accompt of the said peticoner and being the said Lason by the said procuracon is now enabled to take an accompt of the said Cochoneel and Rials and hath often offered to satisfy and allow in the first place whatsoever would be found due unto the peticoner for Retturnes made or otherwise concerning this Busines. The peticoner humbly praeth this Honble Comittee to order the said Refrees or aney three of them to Consider of His Just deffence, and to Receiue and peruse the petieioners said acompt and to make Report what they finde due therevpon, and alsoe to order that the peticoner may bee fully satisfied all his engadgemts and Disbursements with the interest in the first place and before that lason haue aney part thereof assigned or applied to him. Comitte Nauy 4th Septembr 1645. As to the part of the peticon which praieth the the Referees or any three of them may heare the peticoners Just defence &c. the Oomittee Conceiue it very Reasonable and doe Refere the same accordingly. Giles Gkeene. To the right Honoble the house of Peeres. The humble peticon of Cap* Martin de Lazon French Merchand Most humblie sheweth That after a long suite of aboue 2 yeares and more in the Oomittie of the Navie and Cort of Admiraltie against Antonio Fernandez Carvaial, the 9th of Feb. 1645 this honoble house haueing acknowledged yor petr tobe right owner of 71 Ar robes of Fine Coachenille, and of 6900 ps of 8 Rialls a peece double plate,which goode hee brought into this Kingdome, in the Shipp the St. Clare wch was referred to the Comittee of the Navie to bring in an Ordinance that yor petr might haue the publike faith giuen him for a securitie for the value of his goode And the</page><page sequence="20">THE FIRST ENGLISH JEW. 38 Honble Comittee beeing pleased therevpon to make two Orders wch afterwards were serued vpon the said Carvaial the said Orders beareing date the 27. Ian. and 23. of March 1645. wherein hee was comannded to cleare his Aceompts with yor petr, before Cap* Richard Crandley one of the Comissioners for the Navie, Nathan Wright, Edmund Casson, Roger Gilbert and John Bland Merchants, beeing named and appointed by the Comittee, att the request of the parties to examine and finish the Accompt, wch the said Carvaial is to giue yor petr concerning the said 71 Arrobe of Coachenille wch hee hath receiued, But contrary to these Orders, the said Carvail hath malitiouslie and vnder false pretences, peticoned this Honoble house, and in the absence of yor petr who was not heard att all, this beeing the 27th of Aprill 1646 after that hee had serued him and giuen him coppies of the 2 Orders from the Comittee of the Navie, the said Carvaial hath obtained an Order whereby the parties are sent for redresse to the Comon law, to the great priudice and losse of yor petr, hee not beeing able to follow it in that Court, by reason that he is alreadie soe deepelie engaged for great sumes wch hee hath spent in the pursuite of his right, and the recoverie of his owne proper goods, whereby he hath remained a prisoner in the Fleete 21 Monethes. Wherefore yor petr most humblie beseecheth yor Honors that as the Comittee of the Navie hath alreadie had the hearing of this busnesse, it maie please yorQ to order (to avoid the plixitie of the law) the busnes to be tried and decided there againe where yor petr will make plainely appeare, that the peticon which the said Carvail hath presented to this Honoble house, is full of falsehoods which yor petr can well iustifie. And yor petr will ever pray &c. Endorsed De Lazon French Merchand Peticon. The ship Clare arrived at Southampton from the West Indies laden with August 1642 siluer Cucheneale Ginger Hides & other commodities. The House beinge informed ye ship was brought thither without ye owners consent makes seuerall orders about the seizing of ye goods at last orders ye siluer should be brought vp & also ye Cucheneale & this be kept till ye owners should appeare & the rest of ye goods to be inuentoried & laide vp in Warehouses. Afterwards many claims beinge made vpon ye peticon of some Spanish marchants it was ordered that 20000lD offered by them should be accepted in lieu of ye goods & 30000lb more the product of ye siluer in all 50000lb should be secured Decemb. 1042 to stand liable as baile vnto all sutes & claimes vntill ye propriety were made appeare and then ye Cucheneale & ye reste of ye goods were deiiuered to ye Mar chants Ricalde & Riarte two Marchants of Cadiz in spaine [vnder whose names part of ye ship lading went] sent to one Diaz of Rowan to send them some comodities vpon the Cucheneale. Diaz sends to one Fernandez Caraajal his cor VOL. II. D</page><page sequence="21">34 THE FIRST ENGLISH JEW. respondent here to sell for him ye Cncheneale. Caruajall doth so sells part & sends part. Martin de Lazon a subject of ye Kg of franee k dwelling in franee who had formerly liued & traded in spaine & had a stock in ye West Indies returning to live in his owne country durst no more trade openly in ye K> of spaines domi? nions therefore trusts those Merchants of Cadiz to withdraw his estate from ye Indies wch was 71 Arroues of Cucheneale valued at 2085lb 12s 6d & 6900 pieces of 8 coming to 1450lb 17s 6d & was brought ouer in this ship as ye goods of Riarte & Ricalde. De Lazon liuing in france was long before he heard of ye ships arriuing in England wtb his goods & before he could gett an acknoledgement from those of Cadiz y* these were his goods About a yeare after he comes hither furnished wth authentick power from them of Cadiz to receive these goods bringing letters of acknoledgement from them attested vnde a publick notaries hand that he was true proprietor of them & finding y* Caruajall had disposed of ye Cucheneale by order of Diaz of Rouen he onely desires an Account from him, offring to allow whatsoeuer he could proue to have bene truly acted by him in ye sale & dispo? sition of ye Cucheneale by ye order of Diaz [for in truth he saith he can prove y* Caruajall hath kept to ye value of a thousand pounds of ye Cucheneale to himself e]. For this he applies himselfe to ye Cottee of ye Navy as proper to decide this difference bet wee ne merchants strangers they gaue them seuerall hearings order to seuerall renf erences to certaine merchants of ye City: the last time they added two others merchants more to ye former number both times they Certifie de lazon to be true proprietor of ye goods & y* Caruajall should giue him an Account but not as proprietor but as procurator, because he had not employed Caruajall Caruajall on ye other side alledged he was to give no Account at all to any but to Diaz Vpon this de lazon applies himselfe to diaz at Rouen there to gett an authen? tick discharge of diaz his claime impleads him before the Consull & prients who vpon full hearing gaue sentence that de lazon was proprietor & yfc Diaz should account him wch he did. Then de lazon returnes & petitions the House they referr him to in court of ye Admiralty the Judge there call all parties before him heares ye busines then certifie that ye Cucheneale & siluer were ye proper goods of de lazon that Fer? nandez had onely receiued ye Cucheneale & this by order of Diaz of Rouen & y* therefore he alledged y* he was to account onely to him That on ye other side de lazon alledged y* he desired no new account onely y* Fernandez would Judici? ally or vnder his hand acknoledge ye Account wch himselfe had sent to dias & wch diaz had given vnto de lazon by ye sentence at Rouen [wch the Judge saith he conceiued reasonable] Et certifies further y* then they putt in their seuerall allegacions [to ye purposes aforesaid according to ye forme of proceeding in yl court] vpon wch he tendered them an oath that they would answer trewly to each others articles so farr as they did know or beleeue as so farr as by ye law</page><page sequence="22">THE FIRST ENGLISH JEW. 35 they were bound De lazon offers to sweare Caruajall refuses & goes his way Et then his counsell gaue this reason that if he should acknoledge to haue dealt wth any french his goods would be confiscate in Spaine. This certificate is brought to ye Cotte of ye Nauy they order it to be reported by Mr. Holies. This is reported to ye House. Et vpon it De lazon is by vote declared pro- -pebi. 1613 prietor & an ordinance ordered to be brought in for y* purpose & to graunt him ye publick faith. The Cottee of ye Navy wch was ordered to prepare this ordinance goes about it & directs some Merchants of London to examine Oaruajalls accounts that he might be allowed whatsoever he had laid out & Justly acted by ye order from Diaz. Caruajall instead of bringing his Accounts to them according to ye direc? tions of ye Cottee of ye Nauy petitions ye House of Lords he may be left to ye Com? mon Law wch ye Lords order & send downe. An other petition it seems was read in this house full of falshoods & indeed a scandall vpon the Member y* made ye report by order of ye Cottee of ye Nauy for he saies that whilest it depended before ye Cottee of ye Nauy who concerned it Just the petr should be first satisfied & had referred ye examination of y6 Account to Merchants depending this reference vpon misinformation & by color of a report this vote was procured wch is most false as appeares by ye above sayd rela? tion, then in y* petition he further saith he aduanced money vpon ye Rialls of eight wch he neuer so much as pretended to before in three yeares agitation of this busines in seuerall places at ye Cottee ye Admiralty & at Rouen. Notwith? standing the House ordered it there beinge no body there y* was acquainted wth ye busines to informe ye House of ye truth Et how this poore stranger de lazon hath bene kept three yeares from his owne from so much as being declared but pro? prietor of his owne goods by ye power of Fernand es who is a great rich merchant Et ye other brought to extreame want & spent to his shirt by following of this sute that he hath bene cast into prison for debt contracted by his expenses here & hath there laine aboue a twelve moneth wch cannot but be a grief to any mans soule y* heares this especially of ye Members of ye House who must answer it to god, that any poore creature should perish by their act: for this House first seized vpon this mans goods & hauing suffered him to prosecute his right before them & their Cottee so many not onely mounths but yeares a poore man y1 vnder stands nofc one word of English, nor ye formalities of or Courts, to sent this man to law to recouer his owne [as it plainely appeares to be] & in their possession, must needs be his vndoing & much reflect vpon ye Justice of ye House, & this too contrary to their owne order formerly made in this busines wch is as little for their honor. It is sayd y* Caruajall hath since procured other ltres from ye Merchants of Cadis, disauowing all they bad before written & acknoledged concerning de lazon & transferring some right to him Wch how fitt to be giuen credit to lett any one Judge since in three yeares sute there was no word of any such thing & certainly D 2</page><page sequence="23">36 the first english jew. he would haue produced it rather then haue vsed so many shifts and delayes as he hath done : besides those merchants of Cadiz being grovvne very poore as it is sayd they are, it is hapily no difficult thing to gaine them to play such a trick especially if they should be terrified wth being said to hold correspondency & trade wth a subject of ye K> of France wch they would feare might be penal to them: so as admitt Caruajall should now haue such letters it would not make me haue euer a whitt ye better opinion of his claime. Die Martis 3? Maetij 1643. Yppon Reading of the peticion of Antonio Fernandez Caruajall subject to the King of spaine this day in the House Complaining against one Martin de Lazon a frenchman touching Cochaneele and Siluer Landed att Southampton and seized by order of both houses of Parliament dated the 27th of August 1642 It is ordered by the Lords in Parliament assembled that the said busines is thereby Referred to a triall att the Comon Lawe and that all the proofes in the cause be made vse of att the hearing according to legall Course. Jo. Browne, Cleric Parlamentore. V.?CARVAJAL'S PROPERTY IN THE CANARIES. (State Papers, Domestic. Yol. cii. 37. 1655.) To his Highnesse Oliver Lord Protector of the Commonwealth of England Scotland and Ireland. The humble Petition of Anthony Ferde3 Caravajall Mercht, and free Denison of this Commonwealth. Sheweth That the Petr hath the greatest part of his Estate in the Canary Islelands, and for the recovery of it hath hyred the Shipp Sea Fortune of Dover, Mr. Foppa, vvessel 1 by chre parted dated the 24th of August last, and hath fitted and furnished the shipp with some Hollanders in confidence that his Factor there will both procure lading for the said shipp and pevaile that she may not bee seised nor embargoed as belonging to English subiects, and for the more safety of the shipp and lading, hath given order to his Factor at Cana to consigne by bill of lading the said goods to John Lopes Chill on, or to Phelipe vanhulten merchts of Amsterdam, meerely to saue and defend the shipp and goods from seysure by any of ye king of Spaines men of warre, or any other in her way homewards but the truth is that all the lading in her comes for the Petr Acco* and is ordered to come directly for London, and the Petr hopes that yor High? nesse will approve of his purpose & endeavours and give order to the men of warre of this commonwealth to bee ayding and assisting to the shipp in her voyadge homewards, and the rather, for that since yor Highnesse was pleased to</page><page sequence="24">the first english jew. 37 make him a denison of thi? commonwealthe he hath declined his obedience to the king of Spaine which the late Spanish Ambassador hath taken notice of, and therefore can not expect in case of seisure, any better measure than as a subiect of this Commonwealth and therefore The Petr doth humbly implore yor highnes Protection, and to admitt of this his manifestation of his endeavours to bring home his returnes, and that yor Highnes will order that the said shipp and Goods may come safe to this Port wthout interruption by any of this Commonwealth. And the Petr shall pray &e. Ant0 P. Carvajall. White Hall 9W9 1655 His Highness pleaseth to refer this petition to the consideracon and order of the Councill. Nath1 Bacon. Intre Endorsed Antonio Carvaiall. Re 19 Nov. 1655. ref. 18 Dec. 1655. (I. 77. 1656. P. 267.) Tuesday 22nd July 1656. On Consideracon of the humble peticon of Anthonio Fernandes Carvaill, AppFin merchant and free Denisen of England, complayning, that the petr in December pson last, haveing fraighted the Irish March*, an English ship, from London to ye ^e -^-r Fernan dez w*b the Canaryes, where fifty three pipes of Canary, and six hundred seaventy seaven pe^on 0f West Indya Hides were put aboord for his accompt, and brought back in the Mr Web. sayd ship to the sayd port of London; And y* the said ship, and goode being sealed up 22tk enterd in the Custome House, and ye Customes for ye same paid, were, in port, seized by one Web, and Compie upon Letters of Marque. Ordered by his High- inserted by ness the Lord Protector and ye Counsell that it be referred to ye Judges of the or<^r ?^ ^4 Admty Court, or either of them to take consideracon of the sayd peticon, as also of the humble peticon of Richard Web, and parera of London marchante, and to give order for the release of the said ship, and goode (in respect of their pishable nature) and delivring the same into the possion of the said Antho. Fernandes Carvaill, if they shall see cause, the said Anthonio Ferdnandes Carvaill first giveing sufficient security before them, w*h respect to the value, to stand to, and abide such decree, or order as that Court shall make touching the same.</page><page sequence="25">88 the first english jew. VI.? CARVAJAL'S RAID ON THE CUSTOMS. (1658. State Papers, Domestic. Vol. 182, No. 68, fol. 68.) Tymothy Whiting, Pet. Read 19 Aug. 1658. To his Highnes, Oliver Lord Protector of ye Commonwealth of England Scotland and Ireland &c., the Dominions and hereunto belonging?And to ye Right Honble the Lords of his Privy Councill. The Petition of Timothy Whiting one of ye Surveye" of the Landwayte" for the Customes; in the Port of London. Humbly Sheweth That your petitioner had lately Seazed a parcell of Logwods, alias Block woods, being about 100 Tunns of ye growth of ye Westindies, imporbed from ye Canarys into England, in a Hollands Bottom (contrary to severall knowne Lawes of this Nation) it being of ye valew of 1500013 or thereabouts. Your petn in pursuance of his Seazure (by Sufferance obteyned from yor Highnes Oommissrs for ye Customes) did put ye same into your Highnes possession ; placing it in warehouses belonging to your Hignes?And, to ye end, your Highnes might bee secured in your Reveneu, and ye said Logwood Legally condemned your petr did exhibit an Informacon in your Highnes Court of Excheqr, (about ye 12th of July last) against ye same. That (according to ye tenour of ye aforesd Sufferance). The sayd Goods were not to bee delivered, but by order in writing, under two or more of ye aforesaid Commissrs hands. Nevertheless, One Antonio Ferdinando Caravajall, combining with Samuel Swinock, Merch*, Anthony Tailor, a Solicitor, Edward Mitton, Merch*, Norton a packer, Emanuel deffonseca a Jew, . . . Colquit a Proctor, . . . Bellamy a Wind Cooper, and diverse other persons, (unknown to yor petn) to procure ye possession of ye sayd Logwoods, by force and violence, (for y* end) did first cause yor pet" to bee arrested in an Action at Common Law, to which yor per was forced to put in bale ; And did alsoe cause yor petr by colour of a processe out of ye Admiralty, (upon a feyned pretence) to bee arrested, and his person deteyned prisoner for ye space of two or three days, in obscure places (part of which time, none of his ffreinds could come to him nor heare of him, nor your pet11 permitted to send to them) and in ye meane time, riotously and violently, brake open ye sayd warehouses, and carryed away all ye sayd Logwood. In tender Consideration Whereof; and . . . ye goods seazed, are in truth, of farre greater valew then they were apprayzed at, and if they had continued in ye warehouses, would (when condemned) have been f?rre more beneficiall to yor Highnes then now they can probably bee, and for y* yor pet" hath acted nothing, but, according to ye trust in him reposed by yor Highnes ; and if such high Actings and misdemeanours of ye sayd Ferdinando, and his Complices, shall goe unpunisht, it wilbee a great discouragement to ye officers of</page><page sequence="26">THE FIRST ENGLISH JEW. 39 yo1' Highnes, in discharge of Their Dutys and, an emboldning to Merchants and others (as alredy it is) to withdraw their Oustomes, and Duty, and to committ ye like outrages for ye time to come. May it therefore please yor Highnes, y* ye sayd fferdinando, and y6 aforesayd Confederates, may bee called before yor Highnes and Councill, and ordered y* ye sayd Logwood bee restored into ye warehouses from whence it hath been Riotously taken, there to remaine, till due processe of Law shalbee had , . . y* they may receave such condigne punishment, as . . . . . . itioner shall ever pray, &c. Endorsed Cap. Tim Whiteinge refr. 19 Aug. 1658. refr. 26 Aug. 1658. Fol. 69,1. Anno Vicessimo tertio Reginse Elizabeth?. Cap. IX. Logwood & Blockwood shall not be used in Dying of Cloth &c. Whereas of late years there hath been brought into this Realme of England, from beyond ye Seas a Certaine Kinde of Ware or Stuffe, called Logwood, alias Blockwood, wherewith divers Dyers, Clothiers, Hatmakers & others have, & doe, dye dayly divers Broad Clothes, Kersies, Wools, Pennistons, bayes, Cottons, hose yarne, hats, caps, Flannels, Woodmals, muckadoes^ Rushes, Bunins, tuftmucka does & other things. Forasmuch as ye Colours made with ye said stuffs called Logwood, alias Blockwood, is false & deceitfull and the Clothes and other things therewith dyed, are not onely sold & uttered to ye great Deceit of ye Queens Loving Subjects within this her Realme of England But also beyond ye Seas, to ye great discredit and slander, as well of ye Merchants as of ye Dyers of this Realme. For Reformacon whereof be it ordained, enacted & established by ye Queen our Soverraigne Lady, & by ye assent of ye lords spirituall & temporall, & the Comons in this prsent Parlam* assembled and by ye Authority of ye same, That all such logwood alias Blockwood in whose hands soever ye same shalbe found after ye Feast of S* Michaeli ye Archangell next ensueing shalbe Forfeited, and openly burned by ye Corporates or of two Justices of ye Peace of the County where it shalbe found, And that from and after twenty dayes after ye end of this session of Parliam* no pson of what degree soever he be, shall dye or cause to be dyed any Cloth, wooll or any other of ye prmisses above menconed or any other thing whatsoever, with any of ye said ware or stuffe called logwood, alias Blockwood, upon paine that ye Dyer of every such thing soe dyed shall forfeit the value of the things soe dyed the one moyety to ye use of the Queens Matie her heires & successors and the other moiety to him that will sue for ye same, By</page><page sequence="27">40 THE FIRST ENGLISH JEW. action of Debt, Bill, Plaint, or informacon in any Court of Record, in which suite no essoyne, ptecon, wager of law, nor writ of priviledge for ye Defd* shalbe admitted or alowed, and the party offending being therefore convicted to remaine in prison without Baile or Maineprize till hee have satisfied ye same value. Indorsed. The Statute The Statute as to Logwood. against Logwood Page 43: Power to Seize prohibbited Comoditys. Page 37 : Officers required to make due Seizure. Page 45 : Power given to attach cary away and putt into safe Custodie. Page 103 : All Maiors, Baylys, Sherrifes, Admiralls, Vice Admiralls, Capts of Ships, all Coll. Cap* and other officers of the Army and trayned Bands to assist in Suppressing all Royotts & other force &c.? Imported against the Act of Navigation Page 125. Page 127- Ports mayd lawfull onely such wher the goods cann onely bee?or most usually shipped for transportation. prove imported from ye Canarys in a Hollands Bottom < Richd Swallow. ( Nath. Hunton. alias Blokwood. Fol. 69, II. To prove ye Seazure Thomas Thinn6. John G-lascock. Nath. Hunton. Richd Swallow. Thomas Bayly. Thomas Thinne. Sufferances for Landing & housing produced. put into Warehouses belonging to his Highnes J Thomas Bayly. ( John Olascock. Waltr Lancky. ( Walter Lancky. Information Exhibited Eighty Tunns Logwood apprd at 1800ls Not to be deld but by order under two of ye Com1 hands \ Charles Heron. Sufferances produced.</page><page sequence="28">THE FIRST ENGLISH JEW. 41 An Action at Common Law ye 20th July in 1000ld. Processe out of ye Admty of 10000ld Dated ye 16th July. \ Taken prisoner ye 22th of ye same. / Warehouse Doore broke open and Logwood taken away ye 22th July last. kept close prisoner in obscure places. Not being Suffered to send to any of his ffreinds. Antonio Ferdinando Carvajall owning ye Act & present at breaking open ye warehouse Doores, & carrying ye wood away, & Mitton, Norton, Tennant, Taylor & others abetting ye Action. Condition and Practises of Sam1 Swinock, Norton, & Bellamy. Acts committed since to ye prejudice of His Highnes Revenew Antonio Rodrigues Robles, act 12th Aug* at Customhouse key. Stamfords Act at Ralphs key. Mr. Alsops act at Chestr key ye 26th July 1 1658. Antonio Rodrigues Robles Action & Arrest of Whiteing \ 12th August in one John Stantons name in 5000ld I Action & takeing him off ye key from ye Duty of I his place. J Antonio Ferdinando Carvajall?arrest of Whiting at Customhouse ye 17th instant by a Cominus upon a plea of Trespas in 8000ld. Fol. 69, Til. To prove ye Seazure. Coppy of ye Action. processe Produced. Ephraim Payne. Thomas Thinne. Wm Bates. Jurden. Tho9 Burton. Ephraim Payn. Rapha Harford. Thomas Theobalds. Richd White &?. Mr Wilhenbrook & his Wife. Richd Swallow. Ephra Payne. ? Thomas Thinne. Wm Bates. Thomas Crosse. Sams. Wm Kerby. Arnold. Richd Fuller. Wm Bates. Wm Kerby. Sams, Burton &c. Action produced. Coppy of ye Writt. Prove imported from the Canaris in a hollands Bottom. Sufference, Thos. Thinn. Jo: Clascock. Nath: Hunton. Tho: Baly. Thos: Thinn. Rich: Swallow. Nath: Hunton. Produced.</page><page sequence="29">42 THE FIRST ENGLISH JEW. Putt into warehouseis belonging to his Highnes. An Information exhibited. No sum apprised att ?4800. Not to be delivered but by order under two of the Oomrs hands. An action att Comon Law the 20th July 1658. Proces out of the Admiralty of ?10000. Taken Priso? ners 22nd July. The Warehouse dores Broke open & Logwood taken away 22Hd July. As to being kept close Prissors in obscure places. As to the nott suffering Whiteing ther then prisoner to send to anie of his friends. As to Antonio Ferdinando Carrajall owneing the Act and being present att the breaking open the Warehouse dores & carrying the Wood away & Mittons & Nortons & Will Tennante & Anthony Taylors and others abeting the action. As to the condition and practises of Sam" Swinnoke? Norton & Bellamy. As to the acts since comitted to the prejudice of his Highnesis Revenew : Antonio Rodrigues Robles, act 12th August att Customehouse key :?Stam? fords act att Ralphs key : July 1658 Allsops act att Ohesters key the 26th July 1658. As to Antonio Rodrigues Robles action & arrest of Whiteing, 12th Augst in one Jo : Stantons name in ?5000 and takeing him off ye key from the dutie of his place. As to Antonio Ferdinando Carrajalls arrest: of White- ? ing att Customehouse the 17th instant by a Comi- | nus upon a plea of Trespas in ?8000 Action. Endorsed. Witnesses. Charles Herne. S. Bailes. Tho: Baley. Walter Lankey. Walter Lankey. Charles Herne. Sufferance produced. Copie of the Action. Proces Produced. Ephraim Paine. Tho: Thinne. Bailes. Jurden. Tho: Burton. Ephraim Paine. Harford. Theoballs. White &c. / Mr Withinbrooke & his ] wife. ' Rich: Swallow. Ephra Paine. - Thos. Thinn. Bailes. Tho. Crosse. Sams. Kerbey. ' Rich: Fuller. Bailes. Wm Kerbey. Sams. Burton & action produced. Copie of the Writt: Thos. Thinn.</page><page sequence="30">the first english jew. 43 Fol. 94, IV. London, 1658. William Bates aged fifty years or thereabouts & a noone Tender at ye Custom? house maketh Oath y* hee being at his Duty at Chest1* key did (by ye Dyrection of Capt. Timothy Whiting one of ye Surveoy1*3 of ye Landwayt") take care to see ye Logwood (seazed by ye sayd Whiting) put into such Warehouses at Chest1* key as by ye tenour of a Sufferance to him ye sayd Whiting graunted by ye Worpfu11 ye Com1*9 for ye Customes should bee found safe & convenient And accordingly a Warehouse was taken of Mr Alsop Junr ye Wharfing* of y* key by Mr Charles Heron his Highnes Warehous keeps (at a Certaine weekly Rent) on his Highnes behalfe into which ye said Logwood claymed by Mr Ferdinando was put, in ye presence of this Deponant; part on ye 16th of July, part on ye 17th & 20th Days, which warehouse being ffilled this Deponant put severall Locks on ye Doores thereof on his Highnes behalfe, & by dyrection of ye sayd Captu Whiting kept ye keys of ye same in his owne Custody That on ye 21st of July being thanksgiving day this Depon* did by order of ye sayd Capt. Whiting goe downe to ye key to see y* ye warehouse was safe, for y* this Depon* heard one Mr Sam1 Swinock threaten to breake open ye warehouse & take ye wood away by fforce. That on ye 22nd of y* same Moneth in ye afternoone this Deponent being at ye sayd key upon his Duty One Mr G-urden come to him this Deponent and asked him, who had ye Charge of ye warehouse of Wood aforesayd, this Deponent Answered that hee had ye keys thereof ffor ye State, whereupon ye sayd Jurden told this Deponent y* Mr Ferdinando had brought a Smith with an Iron sledge & broke open ye Doores thereof whereupon this Deponent went to ye sayd Ware? house & demanded of Mr Ferdinando his Authority for breaking open ye States Warehouse to which Mr fferdinando replyed hee had ordrs from ye State but showed this Deponent none. This Deponent further sayth y* there were such a Company of people & Carts about ye warehouse y* this Deponent could not come neare thereto, Mr Ferdinando being accompanyed in this Action, with one Mr Mitton a merchant, Mr Anthony Taylor, Mr Norton a packer, & Mr William Tennant an officer to ye Sheriffe of London & diverse other officers of ye Sheriffs & othr psons & port? (unknown to this Deponent) abetting this Action. Never thelesse this Deponent demanded of Mr Ferdinando whithr hee would owne this Action who replyed hee would, And ye sayd Mr Ferdinando did forbidd any of ye states Officers to touch ye aforesayd Wood, soe they carted it all away by force & violence never demanding ye keys of this Deponent. This Deponent further sayth y* at ye same time this Action was performed ye sayd Cap* Whiting was in prison deteyned by him the aforesayd Ferdinando as this Deponent hath heard & further sayth not Sworne ye 24 Day of August 1658 Before me : Ri. Tomlyns. Baites his affidavits</page><page sequence="31">44 the first english jew. Fol. 69, V. London, 1658. Thomas Bayley aged 37 years or thereabouts & one of ye weighing porters for ye Customes maketh Oath y* hee ye sayd Thomas Bayly on or about ye 15th Day of July last was on board ye ship where certaine of ye Logwood pretended to belong to Antonio Ferdinando Carvajail was weighing to bee shipt for at which time Cap* Timothy Whiting one of ye Surveyors of ye Landwayt" came on board ye sayd ship & seazed ye sayd Logwood in ye name of his Highnes The Lord Protector (ye sayd Goods having been seazed before by y? sayd Whiting but escaped out of ye Custody of His Highnes). 2dly.?Hee further deposeth y* on or about ye 22th July last (Hee ye sayd Bayly being againe on board ye vessell aforesayd to weigh more of ye said Log? wood to bee shipt out as afore). The sayd Whiting comeing in a payre of Oares towards ye sayd ship (haveing only one Mr Harford an officer for ye Customes in his boate With him) One Mr Sam1 Swinock a Merchant being on board ye sayd ship (with one J?n Jobbey Diverse Seamen & othrs called to ye sayd Whiting to some on board, at which ye sayd Whiting caused his boate to stand off, But One Thomas Clerke (Servant to ye sayd Mr Ferdinando) lying by ye ships edge with a payre of Oares, tooke in ye sayd Swinock, Abbey & John Bellamy a Coop1", & boarded ye boate of ye sayd Whiting, & brought him as a prisonr on board ye sayd ship, where, ye sayd Whiting did againe Seaze ye sayd Wood, but could have noe ayd or Assistance ; but ye sayd Whiting was Deteyned prison1* on board ye sayd vessell, for about two houres, being about six of ye Clock in ye evening, at which time, One Emanuel de ffonseca (comeing on board) whispered to ye Clerke & Abbey & they immediatly layd hands on & violently hawled ye sayd Cap* Whiting to ye ships side, & with ye assistance of Diverse othr psons & Seamen, lifted up him ye sayd Whiting, as if they would throw him over ye ship head? long ; upon which, this Deponent sayth; y* ye sayd Whiting sayd?Gentlemen fforbeare, ye have offered violence enough, I will goe with yu : Neverthelesse, they continued their violence Whereupon, this Deponent (ffearing they would mischeife ye sayd Whiting) rushed in amongst them & by perswasive words, bore them off ye sayd Capt Whiting, soe hee went downe ye sayd ships side of himselfe (being accompanyed with ye psons aforesaid) into their Boate?and they carryed him towards ye Borough of Southwarke. Sworne ye 24th Day of August 1658 Before me : Ri. Tomlyns. Thos Baylys affidavitt. Cal. S. P. Dom. 1658-59, p. 120. Aug. 26, 1658.?Council Day's proceedings. Tim Whiting's petition read and evidence heard on both sides. Whole matter referred to a Committee under chairmanship of Lord Richard Cromwell.</page><page sequence="32">THE FIRST ENGLISH JEW. 45 VII.?PATENT OF DENIZATION. (Patent Roll. 1655. Part 4.) Oliver Lord Protector &c. To the Commission1- of our Great Seale of Eng? land greetinge, wee will and comand you that under our said great Seale of England you cause our Ires to be made for the patents in forme following Oliver Lord Protector of the Comon wealth of England Scotland and Ireland and the dominions thereto belonging To all to whom theis prsents shall come Greeting whereas Anthonio Ferdinando Carvayall a Stranger borne in the parts beyond the Seas haveing as wee are informed for the space of twentie yeares and upwards been an Inhabitant in this nacon and beinge willinge and desirous to plant himselfe and his posteritie in this Comonwealth to live peaceably and quietly und the Lawes and Goverment thereof hath humbly besought us for our Ires patents of denizacon to himselfe and his two sons Alonso Jorge Carvaieill and Joseph Ferdinando Carvayall Know yee therefore the wee beinge well perswaded of the good affecon of the said Anthonio Ferdinando Carvaiall unto this Comonwealth and the present Goverment thereof have given and granted and by theis prsents for us and our Successors doe give and grannt unto him the said Anthonio Ferdinando Carvayall and unto Alonso George Carvayall and Joseph Ferdinando Carvayell his sonnes and to every of them respectively by what other name or surnames or addicons of names or Surnames degrees or places they or any of them now are or late were or have been called or knowne That the said Anthonio Ferdinando Carvayall Alonso Jorge Carvayall and Joseph Ferdinando Carvayall and every of them respectively at all tyme and tymes from and after the date of theis presents duringe their severall and respective naturall lives shalbe and shalbe adjudged reputed and taken to bee in all and every respect Condicon and degree and to all intents Construccons and purposes whatsoever as the naturall people of this Comonwealthe and as persons borne within the same And that the said Anthonio Ferdinando Carvayall Alonso Jorge Carvayall and Joseph Ferdinando Carvayall and every of them respec? tively shall from tyme to tyme henceforthe have full power and authoritie to sue implead prosecute maintain advow justifie and defend all and all manner of Acc?ns suites and Causes and all other lawful thinges whatsoever as fully Liberally and freely as if they the said Anthonio Ferdinando Carvayall Alonso Jorge Carvayall and Joseph Ferdinando Carvayall every or any of them respectively had beene borne or were borne within this Comonwealthe and as any other person or persons being naturally borne within this Comonwealth by their being borne within the same may or might lawfully in any wise sue impleade prosecute advow maintaine or doe. And further wee doe by theis presents for us and our Successors grant to the said Fernando Carvayall Alonso Jorge Carvayall and Joseph Ferdinando Carvayall and every of them respectively That they and every of them respectively shall and may from and after the date hereof during their</page><page sequence="33">46 THE FIRST ENGLISH JEW. severall and respective naturall lives bee and shalbe enabled to all intents Construccons and purposes to have hold and enjoye any lands tenemts and here? ditaments whatsoever within this 0onion wealth by way of purchase or guift of any person or persons and the same to use and enjoye and to give sell alien or otherwise dispose thereof to any person or persons whatsoever at their and every of their owne Liber tie and pleasure as freely quietly lawfully and peaceably as any of the naturall people of this Comonwealth borne within the same may or might lawfully doe. And alsoe that they the said Anthonio Ferdinando Carvaiall Alonso Jeorge Carvayall and Joseph Ferdinando Carvayall and every of them respectively shall and may from hence forth quietly and peaceably have and enjoye all and all manner of lawful Liberties franchizes and priviledges within this Comonwealth as if they the said Anthonio Ferdinando Carvayall Alonso Jeorge Carvayall and Joseph Ferdinando Carvayall or any of them re? spectively had been borne within the same or as any of the naturall people thereof by their beinge borne within the same doe or may lawfully enjoye And this without the vexacon molestacon impediment challenge or Calumny of any person or persons whatsoever any Statute Act ordinance provision custome or other thinge whatsover at any time heretofore enacted made ordayned or pro? vided or any other matter cause or thinge whatsoever to the contrary in any wise notwitstandinge provided alwayes that they the said Anthonio Ferdinando Carvayall Alonso Jorge Carvayall and Joseph Ferdinando Carvayall and every of them respectively shall heereafter keepe and yeild obedience to all and singular Lawes ordinances Acts Statutes and proclamacons of this Comon wealth already made and ordained and which shall hereafter be made and ordained accordinge to the forme and effect of the same And that they the said Anthonio Ferdinando Carvayall Alonso Jorge Carvayall and Joseph Ferdinando Carvayall and every of them respectively shall from tyme to tyme duly ans were and pay to us and <5ur Successo1*3 all such subsidies customes and other duties for their wares goods and marchandizes as aliens and stranngers doe or ought to answere and pay Any thinge in theis presents contayned to the Contrary notwithstandinge In witness whereof &c. witness &c. And theis our Ires patents shalbe your sufficient warrant and discharge in this behalf e. Griven under our privy Seale at White? hall the seventeenth day of August in the yeare of our Lord one thousand six hundred fif tie and five By privy Seale.</page></plain_text>