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VOLUME 12
TEANSACTIONS
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OP THE
AMERICAN ANTIQUARIAN SOCIETY
VOLUME 12
PRINTED FOR THE SOCIETY 1911
Committee of publication
FRANKLIN PIEKCE RICE GEORGE HENRY HAYNES CHAELES LEMUEL NICHOLS JULIUS HERBERT TUTTLE
By the King, \ PROCLAMATION
Prohibiting His MajeftiesSubjeds to Trade within the Limits Aflignedto the Govemour and Comua ny of Adventurer* of L^land, Trad ing into Hujfa's&v, except thofe of the Company. AMES R.
tereasOur Dea reft i&otftcr Sins ch«le» tDc S*conb of bleilcb sflBemom DID b» fcis letters fei rents unoct tDc «5rtat deal of i.^U-iJ, brarmg Date tDe decono Dap of M*. £ tnernin ™ii tftrntiritiiPearof&isSeign, jhnwpmate a Oottrtnoat ant Company fix earrpingona CuMta tbr jjioitb. u*tt parts of -nc.uaV'.ftim the S:rc,:..i,t, anbi^, coinnwnlp calleb i*diu", sn^hr" anb bibtfiant unto them anbtimt dncceffojs, tDe dole trace ano Commerce of all eDofc &W dttcights, i3ape«, iliucrs, taift, Crcebs anb ftounbs in iwwtfotwt lummie thtv (tonni h/' lying Out Din the entrance of t:,r jtrciflDfs commonlp (.UltD union's yre.ght-, together ttieh ,11 tDe lanos, Countrrps, ano rcnlto'iee upon tDc Coafls anb Confines of the deas SI*M lUhes, S:Uers, Crecbs ana fcwnbs ato;cfal6, tt>DtcD Ibcre not tDen pofleffeb bp, o;< "'•aiuebtd anp of toe dubicrta cf Oar u.D Eopal Stottwr, oj jaodclTcD by tljc *ubiras of nuv other CpiBiM 0;inrt o; *eatr,
nfiian prince o; dtatr, rDcrcli? CtfBtng anb Conftttutmg tDc faib ooocruour ano Comiw= . for tDe tune being, anb tlxir sincceflbrs the true anb abfolutc U.OJDS ano proprietors of the fame territories, JLinuts ar.b pl.itrs afo:rfaib, anb of all otlwr tDe prnniffes, ibitlmmcfsOzo
Dibitioii to all otDct the dubtertB of Our faib Kopal ii$rotl)cr to Irabc to tDc parts afo;cfaib. 3(nb Mxreas "cie an (acis&eD tDat tDe faib Company hath for many years llntD great jnDuittp, anb at a uetp great CDarge anb C-rpenrr, dcttlcD oilers .factories, Crtrttb fcberal f orttflcations, anb maintamcb tDc Crane in tDe parts aforefaib, to tDe great Honour anb profit of this Our fcingbom, until of late febcral ill bifpofebpcrCons not being ^embers of tDr faib Company, nor«.iccnfrD bp tDcm, preferring tbmprrbate profit before tDe pubtieh goob, habe contrarpto tDe faio nopal oraut, in a clatibeRme anb btfojbcriy manner, ICrabeo into thott parts, to the apparent prcwbiec.if not beftruaion, of tDe Zrabe aforefatb, anbtn niamfcft Contempt of Out prerogative Ropal; anb fDe better to colour tDcir cbtl piaetiets, bo frame Dcfigns to ftire, or bo ^ire tbentfelbes out in the dntKcf of, or in conjunction ibitD jforcigturs to da I to tDe parts afo;c(aib, to unbernune anb Dtflrop tDe faib Companies Irabe. sale, taking the premifTcs into Our pnnctlp ConQberation, bo not onlp g to S.caiic anb Direct, EDat the prrfona ttho habe Co contrmptrumdy taolateb tDr Caib Companies Charter, be profccutcD in Our ^anie at iUUt, in orbrr to their com bijiti pumfDmcnt acco;bmg to tDdt Dements , 23ut for prebrntion of tDc libe ctoil practices for tDc future, ecu Date thought fit, UntD the Jlbucc of Our pjiuv Council, to publiO) anb Declare £>ur aipai cam anb Oleafure to I:, anb car bo berebp Ortalp pro&Wf anb f orbib th.it none of Our dnbicrrs UiDatfoebrr, ercrpt tDe faib «ouernour anb Compnnp anb their domflbrs, anb fnch as Hwii be bnly JLictnfeb bp rfjem at anp time o: tdnrs prmrmt to pirfnmf to fmb 02 ^aingntr any a>ntp « dhtps, »ei= fel or JJcffels, or crtrciCe anp ITrabe lUDatfocbrr bircctlp oj inbireTlt' on tDeit olbn accounts, o; in tl;e *fruice of, or in con(un= rtion U»t() anp foreigner or foreigners tbhatforbrr, to, in or from tDc faib dtrcigljts anb ioar, calleb i Wfiw'i Streights, or to, in or from anp 2$apcs, Kiuets, Crcbs or places urijatCotbrr, bp ibb.u names or Denominations foclxr tljep o: anp of them Dai* been heretofore, or ftwll hereafter be callcb or biftmgmOKb, tDat noil) are or lie KbitDin fDe entrance of Hudio.. « ^.gius aforcfaio, in ttbat Hamnbc or Hongrtube fotbtr tDc fame or anp of tDcm DO, both o; fliall lie, remain or bt luittjm tDc liberties, Certuor(rs,oj pritaitbges oftDc faib Companv, upon pain of Our D'BD DifpleaCurc, ano tDe forfeiture anb lofs cf rbe (3»us, ttmbanbDes, dblps anb VUffirls tth chlhall be taken or fount) I racing in anp tDe place or places aforcfaib, o; v itDm the S-niuts afort'aib. 3nb uxt bu tatrcbp ttrtrflp Charge anb Commanb all anb curry out ambicfts of iWwt begrer o, • ; .• ' tp fo> tier, nott£raMngor£raff.quing,crbrQgmngto£rabeor?raffquetoorfrom tDc parts aforeCaib, oranpof tDtui, contra- rp tothettntnuaningof tt)tCaibCompaniesCD<uter, rijat they fo:rl)U)itDoo ceafe anb forbear CncD their Irabe anb £raf* nr,ac, and UiitDbratt) tbrmfclbrs from tDc parts aforefaib. 3no CQe bo furtDer DC rebp Rreigbtlp Require anb Commanb all anbflngular Onr <0obernours, tttutcnatit Oouernours, flowirais, Slice ^Diuirals.Orner.US, Jubges of all Our Courts of
at mtcaitp, Coinmanbers of £>ttr f wts anb CaQles, Captama of Oiu JSopal dDips, 3ufticf B of tDe 0eate, ^Oiictt qaar^al*, jjear(h.il3, CcmptroUcvs, Coltettc^ofiDurCuaoniB, cnapttts, dc.ucDers, anballotDer sDur OffieewanD Snifters Cittt , anb fipilitarv bp *ea o» itano, m all anb eberp of Our dominions ot plantations, anb all other Our dubjms ibDatfoebet •no ttOtreCbebtr, to tafce efiFwnil tare tDat no ptrfon o; pcrfowl lUDatfoetor Ccrteut tDe faib Companpanb thnr duceeuW aub (Bt4ui^lltebulpiticenfeb;Dofenbo:^ab!gateanpdDpso}Slcacls,OHrercifcanpi:rabebirettlPO> inbirealp from an? of Oat fctngbams, DommioiiB u plantations uiD.itfotber, c'ontran to tlx faib CDarter grantcb to the faib Compinp as afoteCaib, to any ttK (Mates oj i.ttntt3 afoiefatb, 01 from thence to anp of Cut fatb fcungooiiis, Dominions, jaiantations, 02 other )Matef , 3lnb (f anp perfon 0; perfons Ehall piefunie to act o; bo in anp Uife contrarp to this Our Royal proclamation, ccc bo saitil, ItapUtt anb ft reightlp Command all anb Qngnlar Onr faio (fobernours, Eicutenant (Pobernours, Xomtrais, ?[litc abtni r»ls,«tnnais, Jnbgts of Our Courts of 3lbmiraltp, Commanbers of Our fo;ts anb Caftles, Captains of Our Hopal *Dip«,lttQltes of the peart, |>jol»a tparttwls, fiBarOwis, dberiSa, Comptrollers, Collectors of Onr Cnftoms, ^apters, Af atthets, anb all other Out Officers anb Snifters Cltxl an* tifrlitarp bp dra or K. anb in rberp of Onr faib Dominions ano plantations, anb all other Our Officers, iftnifttrs anb *aMttS UHtttfbctxr anb ftberrforber, that as often a« ntcDQwll re quire, tftrr anb ebtrp of thnn nfpeaibrlp be Gibing anb 3KTitting to tDe faib Company, their factors, Deputies, or affigns, to 3lttac*, 3lm», Xakt anb Acijeall fuchjMnp ordhips, acffcl orSlrffrls, eooos, Scares anb kpercDanbises of Tuch perion oj mtais us iftail be 5lftb, Cmplopeo, or EtaOrt tn tonttarp to tDe Charter tfranreb to the Caib Company, tthmtortn thtpft^m fimnb,foiOt«nfe, nponpainofOuthicihDifpleafttrr.anDnB they ttallanftber the contrary at
.x: and tKiniedi 4>y of tftrd i6»8. In the Fourth Vcir of Out Reign. COD SAVE THE KING.
,, udTlKm* f/t*n»*t Piiatcn to ibc Kings aK>ft Eicclknt M«j««y,
PROCLAMATION or 1688 (reduced facsimile).
Amertran Antiquarian
BEITISH ROYAL PROCLAMATIONS
RELATING TO AMERICA
1603-1783
EDITED BY CLARENCE S. BRIGHAM, A.M.
WORCESTER, MASSACHUSETTS, U.S.A.
PUBLISHED BY THE SOCIETY
1911
Stanbopc fl>res&
H. G1LSON COM PANT BOSTON. U.S.A.
Introduction.
THIS volume is the outgrowth of action taken by the Society at its annual meeting in October, 1906, when a com mittee consisting of Mr. Waldo Lincoln, Professor William MacDonald, and Dr. J. Franklin Jameson was appointed to arrange for a new volume of the Society's Transactions. At the April meeting, 1907, the committee was given power to proceed with the publication of the British Royal Proclama tions relating to America, and in October following appointed the writer to edit the volume. The editor spent the summer of 1908 in England engaged in this undertaking.
The present volume includes all English Royal proclama tions which concern North and South America, from 1603 to 1783. Only those proclamations are printed which emanated directly from the King. The numerous declarations and proclamations issued by provincial and colonial governors, the unauthorized proclamations of minor English officials serving in America, the proclamations of the governors-gen eral of Canada and the Thanksgiving and Fast-Day procla mations of the New England governors have all been omitted. They are documents of another class, and exist in such pro fusion as to be quite beyond the scope of this volume. These colonial proclamations, furthermore, are practically never entered in the English records. As original broadsides, they are very rarely found in English depositories, but are scattered throughout the libraries and archives of America. Enough of these exist to form the basis of another volume. Limiting the present field to royal proclamations allows the subject to be covered with reasonable completeness.
Proclamations only are included, under which heading would come manifestos and declarations of the King. In a few cases proclamations were issued by the Lords Justices during the King's absence from England. The great mass of orders in council, which were occasionally issued as broad sides, but generally are found only in manuscript entries, are not included. These are now being printed in the "Acts
vii
viii Introduction.
of the Privy Council, Colonial Series," the third volume of which has progressed as far as the year 1745. Another class of proclamations rejected are those of the Lords Lieutenants of Ireland, which repeat verbatim the English orders in council.
From the early days of English history, proclamations were issued by the Crown to make known to the people new acts or regulations or declarations of public importance. Dis tributed for public view in printed broadside form, they have been familiar to twenty generations of English-speaking people. Yet, in spite of their frequency of issue and in spite of their occasional importance as public documents, there has been scarcely a book upon the forms of English government or upon the history of records, which gives a detailed account of the method of issuing, entering, and publishing procla mations. It remained for Mr. Robert Steele to compile during the past year, "A Bibliography of Royal Proclamations, 1485-1714, with an Historial Essay on their Origin and Use.'7 This work, in two folio volumes, forms volumes five and six of the Earl of Crawford's splendidly published series, the BiUiotheca Lindesiana, and in this country can be consulted at most of the large libraries. Mr. Steele so thoroughly treats of the issuing, enforcement, and history of proclama tions, that more than a brief allusion to their method of publication is unnecessary in this place.
Proclamations, during the seventeenth and eighteenth cen turies at least, usually underwent the following routine. They were drawn up by the Attorney General upon instruc tions from the Privy Council, then engrossed on vellum and signed by the King. After having been printed as broad sides in an edition of a thousand or more by the King's printer, they were sent by messengers to the sheriffs of the various counties and towns, by whom they were posted. A document of the period of Charles II preserved in the Public Record Office shows the method of issuing a proclamation:
"Proclamations how passed. — Proclamations are usually drawn by the Attorney Generall and assented to by the Council and brought down to a Secretary of State to be engrossed in vellum and soe signed by the King (with out any attestation of the Secretary), then being dated they are sent (sealed in a paper) to the King's Printing House by a messenger, who of course receives for their service 23. 6d. of the Printer. Then are printed off such a number as is judged convenient, and of them some Copys furnished on the K.'s and to the Secry5 to the Councell, &ca.: and 1250 are carryed to the Clerk of the Crown
Introduction. ix
to be distributed under the Great Seal, together with the original Proclamation signed by the King, which is there kept upon a File for the Clerk of the Crown's discharge and warrant. There are made up by the Clerk of the Crown, 66 writs directed to so many Sheriffs; each containing a certain number of proclamations tyed up with a Label, and then sealed. These writs are delivered over to the 4 Riding Messengers, whose office it is to distribute them, and for their pains have among them £40 out of the Hanaper paid by Bill, if it be ye King's business (as generally they are) , or else ,£50 if it be a private man's concern. His fees for the 66 writs are £22 at 6s. 8d. per writt. The Printer has, by old Rates & Custom, id. per sheet for what he prints at the King's charge which comes to £1$ for a Proclamation, and upon bills exhibited to the Lord Chancellor is paid in the Hanaper. His bills for quantitys furnished to the Secretary's office are attested by the Secretaries respectively & those to the Council office by the Clerks there." (S.P.D. Entry Book 72, p. 219, quoted by Steele.)
Another interesting side light upon their method of dis tribution is shown by a quotation from the records of the Privy Council:
January 10, 1678-79. "Whereas his Majesty did this Day in Council take notice of some Proclamations that have issued whereof no notice has come into severall parts of the Kingdome than what happens to be given by the Gazet, notwithstanding the great charge that is brought unto his Majesties accompt for the sending and Dispatching all Proclamations that issue, therefore to reform this abuse, and to settle for the future a method of lesse expence, and more certainty and expedition in the publique Service, It is this day ordered by his Majesty in Councill that the Right honorable the principall Secretaries of State do call before them Philip Frowde Esq. Governor of the Post office, and settle a method for sending all Proclamations to the respective Sheriffs, so as the next Postmaster to such Sheriff be charged with the Delivery of the same, and send up the Sheriffs receipt for his Discharge. The clerk of the Crowne is also to be summoned, and orders given him, that as soon as Proclamations passe the Seale, he do deliver them the next post day into the Post office and take a receipt thereof for the Discharge of his Duty herein, And the messengers of the Exchequer who have formerly been intrusted with this Service to his Majesties Damage and Expence are to be summoned and acquainted with the Rule that is now to be established, and that they desist hereafter from intermedling with this matter." (Privy Council Register, II Chas., 14:12.)
This new order, however, took away much of the revenue of the messengers and after a formal complaint had been made and duly heard, the Council concluded not to alter
"the ancient Course of Dispersing Proclamations, but leaves the Same to the Execution of the messengers of the Exchequer as formerly and that they take care that no Complaints be brought against them hereafter for not timely deliver ing of Proclamations. And his Majesty is graciously pleased to Command that the said Order of the loth Instant be, and the same is hereby Superseded." (Idem, p. 39.)
With the reform of the postal service in 1709, the Privy Council discontinued the use of riding messengers and ordered that in future proclamations should be sent out by post.
Proclamations when signed by the King were termed " signed bills" and most of them are now preserved in the
x Introduction.
Public Record Office among the Privy Seal bundles. During the period covered by this volume, proclamations were gen erally copied on the backs of the Patent Rolls, and can be found through the Indexes. The eighteenth century procla mations were furthermore noted in the Crown Office Docquet Books, which are in the Public Record Office. Since procla mations were first ordered in the Privy Council, they were duly entered in its records and are to be found in the Registers in the Privy Council Office. After 1665, proclamations were generally published in the London Gazette, and before that date occasionally in London newspapers, such as the Mercur- ius Politicus and the Kingdomes Intelligencer.
It would seem as if there would be in England at least one official collection of broadside proclamations, yet no deposi tory — the Public Record Office, the Privy Council Office, or the British Museum — possesses more than a fair share of the total number. Private collections are often the most valuable for certain periods, and as Mr. Steele's work shows, it requires a canvass of all existing collections to insure any thing like completeness.
The principal depositories of proclamations have the follow ing distinguishing characteristics:
The British Museum collection, although but sparsely represented for the eighteenth century, is notably full for the seventeenth century issues. Scattered in many different volumes, however, a comprehensive search requires a con siderable amount of time. The Museum also has excellent files of the newspapers in which many of the proclamations were printed
The collection of proclamations in the Public Record Office is contained in eight folio volumes, and is also less strongly represented for the eighteenth century. Here the Indexes to the Patent Rolls and the Crown Office Docquet Books are invaluable.
At the Privy Council Office is the best collection of proc lamations for American reference and one which is espe cially good for the eighteenth century. The long, bulky series of Privy Council Registers, which is full of interest to students of American affairs, contains the entries of most proclamations.
Other London libraries, where the collections of proclama tions were examined for this volume, were the Guildhall and
Introduction. xi
the Society of Antiquaries. Each of these depositories had large numbers of the earlier proclamations and possessed certain issues which existed in no other place. At the Bodleian Library, Oxford, the Public Record Office in Dublin, and the Register House in Edinburgh, valuable collections were con sulted.
Of the private collections, easily the most comprehensive is that gathered by the Earl of Crawford and described in the Bibliography of Royal Proclamations before referred to, in which volume other collections, both private and public, are noted at length. There is no large collection of broadside proclamations in any one American library, although many of the larger public and historical libraries possess occasional issues, and these, so far as found, have been noted.
There are one hundred and one proclamations entered in this volume. They have been carefully transcribed from the printed broadsides, except in the few instances where the broadside could not be found and some other source had to be used, Above each proclamation the date is given, and also a descriptive heading supplied by the editor and enclosed in brackets. The notes serve chiefly to explain obscure points, or to refer to original sources for certain Acts printed in the text. The bibliographical information entered at the end of each document gives the size of the original broadside, a list of libraries where it is to be found, a reference regarding the entry of the proclamation upon the Patent Roll, Crown Office Docquet Book, or Privy Council Register, and a note of the fact as to whether it is reprinted elsewhere. A list of the libraries referred to as containing the broadsides, and a chronological list of the proclamations precede the body of the text. The frontispiece reproduction of a proclamation of 1688 is from an original broadside owned by the John Carter Brown Library.
The editor's indebtedness to many English officials and librarians for courtesies extended to him in the course of his work is hereby gratefully acknowledged, especially to Mr. Hubert Hall of the Public Record Office and Sir Almeric FitzRoy, Clerk of the Privy Council. Professor W. L. Grant, then editing the "Acts of the Privy Council, Colonial Series," made many helpful suggestions. To Mr. Robert Steele above all others the Society is most deeply indebted.
xii Introduction.
His aid and advice willingly given, his exceptional knowledge of the particular subject constantly placed at the editor's service, and finally his scholarly published work on the Bibliography of Royal Proclamations have all greatly helped to lighten the burden of research.
CLARENCE S. BRIGHAM, Editor. August 5, 1911.
List of Proclamations.
1603, September 17. Banishing Vagabonds to America, i.
1606, August 23. Transporting of Women and Children to Foreign Parts, 3,
1614, September n. Importation of Whale-fins from Greenland, 4.
1617, December 23. Banishing Notorious Offenders to Virginia, 7.
1618, June 9. Censuring Sir Walter Raleigh for sacking St. Thomas, 8.
1619, May 18. Importation of Whale-fins from Greenland, 10. 1619, October 6. Manufacture of Tobacco-pipes, 12.
1619, November 10. Inspecting of Tobacco, 15.
1619, December 30. Forbidding Planting of Tobacco in England, 18.
1620, May 15. Forbidding Roger North's Expedition to Brazil, 21. 1620, May 27. Manufacture of Tobacco-pipes, 24.
1620, June 29. Restraining Disorderly Trading in Tobacco, 27.
1621, March 8. Suppressing Lotteries in Virginia, 31.
: 1622, November 6. Prohibiting Disorderly Trading to New England, 33.
1624, September 29. Encouraging Growth of Tobacco in Plantations, 35.
1625, March 2. Encouraging Growth of Tobacco in Plantations, 42. 1625, April 9. Importation of Tobacco, 50.
1625, May 13. Settling the Affairs of Virginia, 52.
1627, February 17. Importation of Tobacco, 55.
1627, March 30. Sealing of Tobacco, 61.
1627, August 9. Importation of Tobacco, 62.
• 1630, November 24. Forbidding Disorderly Trading with the Savages, 66. 1631, January 6. Restricting Importation of Tobacco, 68.
1633, October 13. Restricting Sale of Tobacco, 71.
1634, March 13. Requiring Licenses from Tobacconists, 74. 1634, May 19. Concerning Tobacco, 75.
1636, May 16. Limiting Whale-trade to Muscovy Company, 78.
1637, April 30. Regulating Emigration to America, 80.
1638, March 14. Importation of Tobacco, 82.
1 1638, May i. Requiring Licenses for New England, 87.
1639, March 25. Concerning Tobacco, 88. 1639, August 19. Licensing of Tobacconists, 92.
• 1643, November 24. Requiring Loyalty from America, 94. ,1655, October 10. Encouraging Settling in Jamaica, 96.
. 1658, March 9. Limiting Greenland Trade to Muscovy Company, 100.
1660, September 22. For Apprehension of Whalley and Goffe, 104.
1661, March 29. Prohibiting Planting of Tobacco in England, 106. 1661, May 9. Suppressing Vagrancy, 109.
• 1661, December 14. Encouraging Settling in Jamaica, 112.
• 1667, August 23. Recalling Dispensations of Navigation Act, 114.
xiii
XIV
List of Proclamations.
1671, December 22.
• 1674, March n.
. 1674, November 30.
• 1675, October i.
••• 1675, November 24.
• 1676, April i. 1676, October 27. 1681, April 2.
.1685, February 6.
• 1685, April i. ^-1688, January 20. c-i688, March 31. ^1689, February 19.
^ 1689, May 7.
1690, July 14.
1691, February 5. 1700, January 29.
*- 1701, March 6. ^-1702, March 9.
1704, June 18. •^1708, June 26.
1711, June 23. * 1714, October 4.
1714, November 22. * 1717, September 5. ^1718, December 21. <-i722, July 19.
1727, July 5. ^729, December 31. ^-1740, April 9. *~ 1740, June 19. *•" 1741, June 18. £- 1741, June 18. CI744, March 29. ^1744, June 14.
1752, June 25.
1756, May 17.
1759, October 23.
1759, October 23.
1760, October 27.
1763, October 7.
1764, March 26. 1772, August 26.
1774, December 16.
1775, August 23.
1775, December 22.
1776, October 30.
Concerning the Planters at St. Christophers, 116. Recalling Dispensations of Navigation Act, 119. Prohibiting African Trade to Plantations, 120. For Apprehending Don Philip Hellen, 124. Enforcing Navigation Acts, 126. Concerning Passes for Ships, 129. Suppressing the Rebellion in Virginia, 130. Granting Pennsylvania to William Perm, 133. Continuing Officers in the Colonies, 135. Prohibiting African Trade to Plantations, 137. Suppressing Pirates in America, 140. Prohibiting General Trading at Hudson's Bay, 143. Continuing Officers in the Colonies, 146. Declaration of War against France, 147. For Apprehending William Penn, 150. For Apprehending William Penn, 152. For Apprehending Author of Darien Libel, 153. For the Apprehension of Pirates, 155. Continuing Officers in the Colonies, 159. Rates of Foreign Coins in Plantations, 161. Encouraging Trade to Newfoundland, 163. Establishing Post Office in America, 167. Concerning Passes for Ships, 172. Continuing Officers in the Colonies, 174. For Suppressing Pirates in West Indies, 176. For Suppressing Pirates in West Indies, 178. Concerning Passes for Ships, 180. Continuing Officers in the Colonies, 182. Concerning Passes for Ships, 184 Encouraging Trade with America, 188 Providing for Distribution of Prize Money, 189. Regulating Distribution of Prizes, 193. Regulating Distribution of Prizes, 195. Declaration of War against France, 196. Regarding Distribution of Prizes, 200. Continuing Officers in Georgia, 201. Declaration of War against France, 203. Thanksgiving in England for Defeat of French, 207. Thanksgiving in Scotland for Defeat of French, 208. Continuing Officers in the Colonies, 210. Establishing New Governments in America, 212. Colonizing Granada and other Islands, 218. For Apprehending Destroyers of the Gaspee, 224. Providing Copper Currency for Virginia, 226. For Suppression of Rebellion in America, 228. Appointing the Distribution of Prizes, 230. Fast Day in England, 234.
List of Proclamations.
xv
1776, October 30. 1778, January 23. 1778, January 23.
1778, September 16.
1779, January i. 1779, January i. 1779, December 13.
1779, December 13.
1780, December 20.
1781, January 12.
1781, January 12.
1782, January 9.
1782, January 9.
1783, February 14.
Fast Day in Scotland, 236.
Fast Day in England, 237.
Fast Day in Scotland, 239.
Regarding the Distribution of Prizes, 241.
Fast Day in England, 246.
Fast Day in Scotland, 247.
Fast Day in England, 249.
Fast Day in Scotland, 250.
Relations of England to Holland, 252.
Fast Day in England, 256.
Fast Day in Scotland, 257.
Fast Day in England, 259.
Fast Day in Scotland, 260.
Declaring Cessation of Arms, 262.
List of Abbreviations
OF THE NAMES OF LIBRARIES POSSESSING PROCLAMATIONS.
Adv. Advocates' Library, Edinburgh.
Antiq. Society of Antiquaries, London.
B. M. British Museum, London.
Bodl. Bodleian Library, Oxford.
Camb. Cambridge University Library.
Cant. Municipal Library, Canterbury.
Ch. Chetham Library, Manchester.
Crawf . Lord Crawford's Library, Haigh Hall.
D. H. Devonshire House, London (Friends' Historical Society).
Dalk. Dalkeith Palace (Duke of Buccleuch), Scotland.
Dubl. Dublin Public Record Office.
Guild. Guildhall Library, London.
Hodg. J. Eliot Hodgkins' Library, London.
I. T. Inner Temple, Library, London.
P. C. Privy Council Office, London.
P. R. O. Public Record Office, London.
Q. C. Queen's College, Oxford.
Signet Signet Library, Edinburgh.
T. C. D. Trinity College, Dublin.
xvi
Royal Proclamations.
1603, September 17. [Banishing Vagabonds to Newfoundland and West Indies.]
BY THE KING.
A PROCLAMATION FOR THE DUE AND SPEEDY EXECUTION OF
THE STATUTE AGAINST ROGUES, VAGABONDS,
IDLE, AND DISSOLUTE PERSONS.
Whereas at a Parliament holden at Westminster in the nine and thirtieth yeere of the Reigne of his Majesties late deare Sister de'ceased Queene Elizabeth, a profitable and necessary Law was made for the repressing of Rogues, Vaga bonds, idle and dissolute persons,1 wherewith this Realme was then much infested, by the due execution of which Lawe, great good ensued to the whole Commonweale of this Realme, but now of late by the remissenesse, negligence, and conni- vencie of some Justices of the Peace, and other Officers in divers parts of the Realme, they have swarmed and abounded every where more frequently then in times past, which will grow to the great and imminent danger of the whole Realme, if by the goodness of God Almighty, and the due and timely execution of the said Law the same be not prevented.
And where to the end that no impediment might be to the due and full execution of the same Law, his Highnesse Privie Councell, according to the power to them in that behalfe given by the sayd Law, have by their Order assigned places and parts beyond the Seas, unto which such incorrigible or dangerous Rogues should according to the same Lawe be banished and conveyed, as by the Order in that behalfe made, and under this present Proclamation particularly mentioned and set downe, more at large appeareth: His Majestic pur posing (for the universall good of the whole Realme) to have the same Law duely and fully executed, doth by advice of his Privie Councell require all Justices of Peace, Maiors,
1 Printed in Statutes of the Realm, iv, 899: "An Acte for punyshment of Rogues Vagabonds and Sturdy Beggars," 39 Eliz. ch. 4.
2 Royal Proclamations.
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Bayliffes, Hedboroughs, Constables, and other Officers what soever to whom it appertaineth, to see that the said Law be in all the parts, and branches of the same carefully, duely and exactly executed, as they and every of them will answere the contrary at their uttermost perils.
Given at his Majesties Mannour of Woodstocke the seven teenth day of September, 1603, m tne first yeere of his High- nesse Reigne of England, France, and Ireland, and of Scotland the seven and thirtieth.
GOD SAVE THE KING.
THE ORDER.1
Forasmuch as it hath appeared unto us aswell by our owne viewes in our travailes in this present Progresse of his Majestic, as also by good and credible information from divers and sundrie partes of the Realme, that Rogues grow againe and increase to bee incorrigible, and dangerous not onely to his Majesties loving Subjects abroad, but also to his Majestic and his Honourable Houshold and attendants in and about his Court, which growing partly through the remissenes of some Justices of the Peace, and other Officers in the Countrey, and partly for that there hath beene no Suite made for assigning some place beyond the Seas, to which such incorrigible or dangerous Rogues might bee banished, according to the Statute in that behalfe made: We therfore of his Majesties privie Councel, whose names are hereunto subscribed, finding it of necessitie to reforme great abuses, and to have the due execution of so good and necessarie a Law, doe according to the power limitted unto us by the same Statute, hereby Assigne and thinke it fit and expedient, that the places and partes beyond the Seas to which any such incorrigible or dangerous Rogues shall bee banished and con veyed according to the said Statute, shall bee these Countries and places following, viz. The New-found Land, the East and West Indies, France, Germanic, Spaine, and the Low- countries, or any of them.
T. Buckhurst. Lenox. Nottingham.
Suffolke. Devonshire. Mar.
Ro. Cecill , E. Wotton. Jo. Stanhop.
1 This Order in Council is not to be found among the Records of the Privy Council, which for the period from 1603 to 1613 were burned in a fire at White hall in 1618.
1606, August 23. 3
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestic. Anno 1603.
2 pp. folio. Copies in Antiq., B. M., Crawf., P. R. 0., and Q. C. En tered on Patent Rolls. Printed in Rymer's "Feeder a," xvi, 554, and in Barker's "Booke of Proclamations," p. 44.
1606, August 23. [Transporting of Women and Children to Foreign Parts.]
BY THE KING.
A PROCLAMATION TOUCHING PASSENGERS.
Whereas in the first Session of our Parliament holden at Westminster the nineteenth day of March in the yeere of our raigne of England, France and Ireland the first, and of Scot land the seven and thirtieth; It was amongst other things Enacted, That no woman nor any childe under the age of one and twenty yeeres (Except Saylers or Shipboyes or Apprentice, or Factor of some Merchant in trade of Merchandize) should bee permitted to passe over the Seas, except the same should be by licence of us, our Heires or Successors, or some sixe or more of our privy Councell, thereunto first had under their handes, upon paine that the Officers of the Port that should willingly or negligently suffer any such to passe, or should not enter the names of such Passengers licenced, should forfeit his Office, and all his goods and Chattels, And upon paine that the owner of any Ship or Vessell, that should wittingly or willingly cary any such over the Seas, without licence as is aforesaid, should forfeit his Ship or Vessell, and all the Tackle, And every Master or Mariner, of or in any such Ship or Vessell, offending as is aforesaid, should -forfeit all their goods, and suffer imprisonment by the space of twelve moneths without Baile, or Maineprise, As by the saide Acte of Parliament amongst other things may more at large appeare: *
And whereas many such our Subjects, That is to say, Women and persons under the age of twenty and one yeeres, have from time to time just and necessary causes and occasions
1 This Act, entitled " An Acte for the due Execution of the Statutes againste Jesuits, Seminarie Priestes Recusants &c.," is printed in Statutes of the Realm, iv. 102 1, i James I, ch. 4, sec. 7.
4 Royal Proclamations.
to goe and passe over the Seas, In which cases for every such women and persons under the age of twenty and one yeeres to obteine such licence, either from our selves, or from sixe of our said Privy Counsel according to the said Law, is very inconvenient, and almost impossible; Wee have therefore thought convenient, for the ease as well of our selfe and our said Counsell, as of such of our Subjects as are of the condition mentioned in the saide Acte of Parliament, to graunt our Commission to persons of trust in certaine Ports of our Realme, lying most apt and convenient for passage, That is to say, London, the Cinque Ports, Harwich, Yarmouth, Hull, and Waymouth, to licence such women and persons under the age of twenty and one yeeres, as shall have just cause to passe out of our Realme, upon due examination had of them, to passe without perill to themselves, or the Officers of our said Ports, Notwithstanding the said Statute or anything therein con- teined, And we have thought it fit to give publique knowledge hereof to al our Subjects, and to all our Officers whom it may concerne, to the ende they may know what shall bee lawfull for them to doe in those cases.
Given at the Castle of Farneham the xxiii. day of August, in the fourth yeere of our Reigne of Great Britaine, France and Ireland.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestic. 1606.
i p. folio. Copies in Antiq., B. M., Crawf., P. R. 0., and Q. C. En tered on Patent Rolls. Printed in Barker's "Booke of Proclamations" P- 133.
1614, September n. [Importation of Whale-fins from Greenland.]
BY THE KING.
A PROCLAMATION CONCERNING THE BRINGING IN OF WHALE-FINNES INTO HIS MAJESTIES DOMINIONS, ETC.
As Wee conceive, it cannot be construed by any Our doings or proceedings, that Wee are caried with any ambitions or unjust appetite, to covet that which appertaineth to others
1614, September n. 5
So it shalbe alwayes Our desire and resolution, to nourish and maintaine the happy estate of Our loving Subjects, and the honour of Our Kingdomes; not onely in the same degree, in the which We have received them; but likewise with that increase and advancement, whereof the providence of Almighty God by just occasions shal put meanes and opportunities into Our hands; and in nothing more (next unto the true worship of God, and the administration of Justice) then in the mainte nance and increase of Navigation, wherein Our kingdomes both by scituation, strength of shipping, skill of Marriners, valew of Commanders at Sea, and many honourable discoveries and exploits, have for long time, and more and more of late time flourished. And whereas Our Company of Merchants for the discovery of new Trades, commonly called the Mus- covia Company,1 have with their great costs and charges, of late yeeres discovered a Land, which they call by the name of King James his Newland,2 to the increase of Navigation and Mariners; and have further by their care and industry entred into a trade of fishing for the Whale, and procured Biscainers, skilfull in striking the Whale, to teach and instruct the English Nation therein: And whereas a principall part of the benefit of the Whale-fishing consisteth in the com- moditie of Whale-finnes imported into Our Kingdomes; And that experience already sheweth, that Our owne subjects in their returne from that Fishing, are able to furnish and serve Our Kingdomes with sufficient quantity for the use of Our loving subjects: it being also a matter of delicacie, and rather to be considered as it may concerne Navigation, then in itself e: We have therfore thought fit for the better encour agement of the said Company, and other Our Subjects, in services of like nature, to prohibite all Aliens and strangers,
1 The Russia, or Muscovy Company, chartered as a company of Merchant Adventurers in 1554, received from King James in 1613 an additional charter giving them the exclusive rights to the whale fishery of Greenland. For the subsequent career of this Company and their struggles with the Dutch for the possession of the Greenland trade, see Cawston and Keane, Early Chartered Companies, pp. 45-52.
2 In 1613 the Muscovy Company set up the King's arms at Spitzbergen, calling it King James's Newland. (Anderson, Origin of Commerce, ii, 343.) In vol. iv of the Transactions of the American Antiquarian Society is printed from the original manuscript the Narrative of a Voyage to Spitzbergen, being "A Brief Description of the Country of Greenland, otherwise called King James his New Land." The rise of the Muscovy Company and its participation in the Greenland trade is carefully treated by Dr. S. F. Haven in the introduction to the Narrative. This recently discovered land was Spitzbergen and not Green land proper.
6 Royal Proclamations.
and also Our owne subjects, (except the said Muscovia Mer chants, and that in their joynt stocke) to bring hereafter into any Our Kingdomes the said commodity.
Wherefore We do by these presents, straitly and expresly forbid and prohibite, all Aliens and strangers whatsoever, and also Our owne Subjects (others then the said Muscovia Mer chants, and that in their joynt stocke) to bring into any Our kingdomes, and Dominions any Whale-fumes, upon paine of Confiscation of the same, and of Our high indignation and displeasure, and of such further punishment, as shalbe meet to be inflicted upon the offenders for their contempt in that behalf e: And We do further hereby charge and require all Our Customers, Comptrollers, Searchers and other Officers, and also the Farmors of Our Customes, and their ministers, care fully to attend every one in their severall dueties, the execu tion of this Our Royall Proclamation, and in no wise to per mit or suffer any Whale-finnes, either directly or indirectly, openly or privately, to be brought into the Ports, or other places of any of Our kingdomes: And in case any be brought in, the same to seaze to Our use, and by all other meanes to finde out, and informe of all offences tending to the breach of this Our Royall Proclamation.
Given at Wansted the eleventh day of September, in the twelfth yeere of Our Raigne of Great Britaine, France, and Ireland, 1614.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestic. Anno Dom. 1614.
i p. folio. Copies in Antiq., I. T., P. C., P. R. 0., and Q. C. Entered on Patent Rolls.
1617, December 23. 7
1617, December 23. [Banishing Notorious Offenders to Virginia.]
BY THE KING.
A PROCLAMATION FOR THE BETTER AND MORE PEACEABLE
GOVERNMENT OF THE MIDDLE SHIRES OF NORTHUM BERLAND, CUMBERLAND, AND WESTMERLAND.
[A long proclamation for the prevention of disorders and out rages in certain shires, requiring that no person shall lease lands and tenements without sufficient surety, that all persons shall assist in the pursuit of criminals, that notorious offenders shall not receive bail except in open court, that care shall be exercised in the grant ing of licenses to " hostler houses and malsters," that known male factors shall not be countenanced " by wearing of their liveries or any other dependance," that the families of offenders who have been banished shall be sent to join the fugitives, that all outlaws shall yield themselves up to the law and shall not be sheltered, that for the prevention of cattle stealing no beef shall be sold in any fair or market without the hide, that all horses, sheep and cattle shall be sold only in open fair or market, that notorious offenders shall be sent to Virginia and other foreign parts, that the use of weapons and horses be forbidden except to noblemen and gentlemen, that the overlords shall require sufficient bonds of their tenants, and that offenders shall be remanded to the place where their offense was committed. Only the paragraph regarding Amer ica is quoted.]
Item, for the more speedy suppressing, and freeing the said Countreis and places of notorious and wicked offenders that will not be reformed, but by severity of punishment; Wee have taken order for the making out a Commission to speciall Commissioners, to survey, search and finde out, and enforme Us of the most notorious and lewd persons, and of their faults, within the said Counties of Northumberland, Cumberland, and Westmerland, Riddesdale, and Bewcastle within the same: And We hereby signifie our pleasure to be upon Certificate of the said Commissioners, to send the most notorious ill livers, and misbehaved persons of them that shall so be certified, into Virginia, or to some other remote parts to serve in the Warres, or in Colonies, that they may no more infect the places where they abide within this our Realme.
8 Royal Proclamations.
Given at Our Pallace of Westminister, the three and twen tieth day of December, in the fifteenth yeere of Our Raigne of Great Britaine, France and Ireland. Anno 1617.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton and John Bill, Deputies and Assignes of Robert Barker, Printer to the Kings most Excellent Majestic. Anno M.DC.XVII.
4 pp. folio. Copies in Antiq., I. T., P. C., P. R. 0., and Q. C. Entered on Patent Rolls; entered in Privy Council Register (Scotland}, xi, 288.
1618, June 9. [Censuring Sir Walter Raleigh for sacking St. Thomas.]
BY THE KING.
A PROCLAMATION DECLARING His MAJESTIES
PLEASURE CONCERNING SlR WALTER RAWLEIGH, AND THOSE WHO ADVENTURED WITH HIM.
Whereas We gave Licence to Sir Walter Rawleigh,1 Knight, and others of Our Subjects with him, to undertake a Voyage to the Countrey of Guyana, where they pretended great hopes and probabilities to make discovery of certain Gold Mines, for the lawfull enriching of themselves, and these Our King doms: Wherein We did by expresse limitation and Caution restraine, and forbid them and every of them, from attempt ing any Acte of hostility, wrong, or violence whatsoever, upon any of the Territories, States, or Subjects of any forraine Princes, with whom Wee are in amitie: And more peculiarly of those of Our deare Brother the King of Spaine, in respect of his Dominions and Interests in that Continent.
1 Raleigh's voyage for the discovery of gold mines in Guiana (the modern Venezuela) was projected in 1616. He was released from the Tower in March of that year and sailed from Plymouth with a fleet of fourteen ships in June, 1617. The expedition seemed doomed to failure from the start, and after St. Thomas was attacked and burned in December, 1617, Raleigh was compelled to return to England without having attained his object. He landed at Plymouth in June, 1618, and after the due form of trial was executed, although upon a sen tence of 1603, on October 29, 1618 (Dictionary of National Biography, vol. 47, pp. 197-200, where authorities are cited). Raleigh's commission for under taking the voyage, dated August 26, 1616, is printed in Rymer's Fcedera, xvi, 789.
June p. 9
All which notwithstanding, We are since informed by a common fame, that they, or some of them have, by an hostile invasion of the Towne of S. Thome (being under the obedience of Our said deare Brother the King of Spaine) and by killing of divers of the inhaitants thereof, his Subjects, and after by sacking and burning of the said towne, (as much as in them for their owne parts lay) malitiously broken and infringed the Peace and Amitie, which hath beene so happily established, and so long inviolably continued betweene Us and the Sub jects of both our Crownes.
Wee have therefore held it fit, as appertaining neerely to Our Royall Justice and Honor, eftsoones to make a publique declaration of Our owne utter mislike and detestation of the said insolences, and excesses, if any such have beene by any of Our Subjects committed: And for the better detection and clearing of the very trueth of the said common fame; Wee doe heereby straitly charge and require all Our Subjects whatsoever, that have any particular understanding and notice thereof, upon their duety and alleagiance which they owe Us, immediately after publication of this Our pleasure, to repaire unto some of Our Privy Counsell, and to discover and make knowne unto them their whole knowledge and understanding concerning the same, under paine of Our High displeasure and indignation; that Wee may thereupon proceede in Our Princely Justice to the exemplary punish ment and coertion of all such, as shal be convicted and found guilty of so scandalous and enormous outrages.
Given at Our Manner of Greenwich, the ninth day of June, in the sixteenth yeere of Our Raigne of England, France and Ireland, and of Scotland the one and Fiftieth.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton, and John Bill, deputie Printers for the Kings most Excellent Majestic. Anno M.DC.XVIII.
i p. folio. Copies in Antiq., B. M., I. T., P. C., P. R. 0., and Q. C.
Entered on Patent Rolls. Printed in Rymer's "Fcedera" xvii, 92, where it is dated June n, 1618.
io Royal Proclamations.
1619, May 18.
[Importation of Whale-fins from Greenland.]
BY THE KING.
A PROCLAMATION INHIBITING THE IMPORTATION
OF WHALE FINNES INTO HIS MAJESTIES DOMINIONS BY ANY,
BUT THE MUSCOVY COMPANY.
Whereas Wee by Our Proclamation given at Wans ted, the eleventh day of September in the twelfth yeere of Our reigne of Great Brittaine, France, and Ireland,1 for the reasons therein expressed, and for the incouragement of Our wel- beloved Subjects, the company of Merchants trading for Muscovia, Greeneland2 and the parts adjoyning, commonly called the Muscovia Company, did straitly and expresly for bid and prohibit all Aliens and Strangers whatsoever, and also all Our owne Subjects (others then the sayd Muscovia Mer chants, and that in their joynt stock) to bring into any Our Kingdomes, and Dominions any Whale Finnes upon paine of confiscation of the same, and of Our high indignation and displeasure, and of such further punishment as should be meet to be inflicted upon the Offenders for their contempt in that behalfe.
Now forasmuch as We are given to understand, That Our sayd Proclamation took not that good effect, nor found that due obedience and conformity which We expected: We have therefore in further manifestation of our former intentions and gracious favor towards the sayd Company, thought good eftsoones to publish Our Royall pleasure heerein, and to revive and quicken Our sayd former Proclamation, which We cannot but take in ill part, hath beene so much neglected: And there fore We doe by these presents straitly charge, prohibit, and forbid, aswell all Alliens and Strangers whatsoever, as also Our naturalLborn Subjects and Denizens, That they nor any of them (other then the sayd Muscovia Merchants, and that
1 Refers to the proclamation of September n, 1614. In 1618 the East India Adventurers had joined stock with the Muscovy Company to form one joint company for the whale fishery, but after two years of unsuccessful adventuring the agreement was dissolved (Anderson, Origin of Commerce, ii, 360, 367).
* Spitzbergen, rather than Greenland proper.
, May 18. n
in their joynt stocke onely) shall from hencefoorth directly or indirectly import, or bring into Our Kingdomes and Domin ions, or any of them, any Whale Finnes, upon paine of for feiture, and confiscation of the same, whether they be found on board of any Ship, Hoy, Boate, or Bottome, or layd on land in any warehouse, storehouse, shop, cellar, or any other place whatsoever, and upon paine of Our high Indig nation and displeasure, and such other punishment, as by Our Court of Starre chamber shalbe thought meet to be inflicted upon them, or any of them, as contemners of Our Roy all will and commandement in this behalf e.
And Wee doe likewise straitly charge, prohibite and forbid, aswell all Aliens and Strangers, as Our naturall borne Sub jects and Denizens (other then the sayd Muscovia Merchants) that they nor any of them doe presume to buye, utter, sell, barter or contract for, any Whale finnes, knowing the same to be imported into any of our Realmes or Dominions contrary to Our wil and pleasure heerein declared, upon paine of Our high indignation and displeasure, and such further punishment as by Our said Court of Starre chamber shall bee thought meet to be inflicted upon such offenders, as contemners also of Our Royall commandement. And to the end this Our pleasure may take the better effect, We doe heereby charge, and command all Customers, Comptrollers, Searchers, Waiters, Farmers, and Collectors of Our Customes, and other our Officers and Ministers, carefully to attend every one in his severall place, the execution heereof, and in no wise to permit or suffer any Whale finnes directly or indirectly, openly or privately to be brought, or imported into any Our Kingdomes or Dominions, contrary to Our 'Royal pleasure heerein ex pressed, or being so imported, that they doe not permit, or suffer the same to bee colourably customed for other goods and Merchandize, but that foorthwith they or some of them doe seize and take to Our use all such Whalefinnes as shall be so imported, and immediately upon such seizure made, to give notice thereof in writing to Our Register for forfeitures in Our Custome house in the Port of London, upon paine to undergoe such punishment, as shalbe thought meet by the Lords of Our Privie Councell.
Neverthelesse Our intent and meaning is, That the sayd Muscovie Company, and none other, shall or may buy, and sell, barter, or contract for, any such Whalefinnes, as being imported contrary to this Our Proclamation shalbe confiscate
12 Royal Proclamations.
and seized, and the same, being sold by the sayd Company, may be afterward bought, contracted for, and used by any other Our Subjects at their wil and pleasure. Any thing heerein contained to the contrary notwithstanding.
Given at Our Mannour of Greenwich, the eighteenth day of May, in the seventeenth yeere of our Raigne of England, France, and Ireland, and of Scotland the two and fiftieth.
Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most excellent Majestic. Anno. M.DC.XIX.
2 pp. folio. There are two issues slightly "varying in set-up. Copies in Antiq., B. M., Dalk., I. T., P. C., P. R. 0., and Q. C.
1619, October 6.
[Manufacture of Tobacco-pipes.]
AN ABSTRACT OF SOME BRANCHES OF HIS MAJESTIES LATE CHARTER, GRANTED TO THE TOBACCO-PIPE MAKERS OF WESTMINSTER; DECLARING HIS MAJESTIES PLEAS URE TOUCHING THAT MANUFACTURE, AND ALSO ALL PERSONS WHOM IT MAY CONCERNE.
James by the grace of God, King of England, Scotland, France and Ireland, &c. Whereas Wee have been informed by the complaint of divers of Our poore Subjects, the ancient Makers of Tobacco-Pipes within this Our Realme, That for want of power and priviledge to retaine their Apprentises and Servants during their Apprentiship (who commonly depart from them before they have served their tearmes, or attained to the knowledge of their Art) they are much prejudiced both in their Trades and meanes of living, by their excessive making and uttering of ill Ware, And Our Subjects who have use of that Manufacture, are thereby greatly abused and deceived: And not only so, but to their Masters farther impoverishment, these loose and idle persons doe instruct and teach others of as bad qualitie as themselves, to make and sell like ill and deceitful ware. Besides, for that the said Art of making Tobacco Pipes is easily learned, sundry of our Subjects trained up in other Trades more useful for the Realme, doe forsake the same and
October 6. 13
take up this of making Tobacco-Pipes : And others who have other good Trades to live upon, intrude themselves into this also, and use both, to the hinderance and overthrow of those who anciently practised the same. And whereas for the better reforming of all those disorders, to cut off the superfluous straglers and late intruders, to reduce them to a competent number, and to settle good government amongst them (this Trade being 'a new Trade, never yet ordered by any Law or Policie, and which concerneth not any Commoditie of neces- sitie for our Common-weale, but a superfluous pleasure, ne- cessarie to be regulated by Our Royall power and authoritie) We have therefore thought fit by Letters Patents under Our Great Seale, to Incorporate a certaine number of choice and selected persons, who have either served as Apprentices, or have otherwise practised that Art by the space of seven yeers, to whom and whose Servants. Apprentices, and such others as shall be by them admitted into that Societie for their skill and honest conversation, Wee intend to appropriat the said Art, and to restraine all others from taking that benefit which in no right belongeth unto them.
And to the end that all our loving Subjects may take knowl edge of Our pleasure expressed in our Charter, that it may be duly observed without pretext of ignorance, Wee doe heereby declare Our expresse will and pleasure to be, and doe straightly charge and command, That no person or persons whatsoever, other then such as are members of the said Societie of Tobacco- pipe makers of Westminster, or which have by the space of seven yeares at the least beene bound to (or exercised) that Art, or such others as shall be chosen into the Societie by the said Societie, shall not presume (from the date of these presents) directly nor indirectly to make any manner of Tobacco-pipes within this Our Realme of England or Dominion of Wales, nor shall bring in or import any manner of Tobacco-pipes from beyond the Seas, or from Our Realme of Scotland; Nor shall utter, sell, or put to sale any Tobacco-pipes so made or brought into this Our Realme of England and Dominion of Wales, contrary to Our pleasure heerein declared Upon paine not only of forfeiture of all such Manufacture, but of incurring such penalties, imprisonments and punishments, as by the Lawes and Statutes of this Our Realme, or by Our prerogative Royall may be inflicted upon the offenders in this kind for their contempt or neglect of Our Royall Will and Command ment. And further, for the better discovering and suppressing
14 Royal Proclamations.
of all secret and under-hand making or uttering of the said Manufacture by such as are not members of this Societie or otherwise enabled as aforesaid, Wee doe require, charge, and straightly command all Our loving Subjects (especially such Retaylers as shall buy Tobacco-pipes to sell againe) that they, nor any of them directly, nor indirectly, shall buy, acquire, get or obtaine any Tobacco-pipes whatsoever of or from the hands of any person or persons, not being knowne members of the said Societie, And to that end it is provided, that all Tobacco-pipes made by the said Company, shall be brought to the Common Hall of the said Societie, there to be proved whether the same be good and merchantable ware, before they shall be uttered or put to sale; (where they may be bought of all Our loving Subjects) Upon paine of undergoing of Our displeasure, and such paines and penalties as shall or may ensue thereupon for such contempt against Our will and Our prerogative Royall. And for the full effectuating of Our pleasure heerein, These are to command and straightly charge, That all the said Tobacco-pipe Makers aforesaid, shall forth with take knowledge of our Charter by these presents, and by resorting to the said Societie in London, where they shall receive such Orders and Ordinances as shall be constituted and made by the Master, Wardens, and Assistances of the said Societie for the benefit of the said Societie. And lastly, We will and do hereby require all Mayors, Sherifes, Justices of Peace, Bailifes, Constables, and all other Officers and Ministers whatsoever, That they and every of them in their severall Offices and Places be from time to time ayding and assisting to the said Master, Wardens, and Societie in the due execution and accomplishment of this Our Royall Will and Command ment, as they tender Our pleasure, and will avoid the contrary.
Witnesse Our selfe at Westminster the sixth day of October, in the seventeenth yeere of Our Raigne of England, France, and Ireland, and of Scotland, the three and Fiftieth.
I p. folio. Copy in Antiq.
1619, November 10. 15
1619, November 10. [Inspecting of Tobacco.]
BY THE KING.
A PROCLAMATION CONCERNING THE VIEWING AND
DISTINGUISHING OF TOBACCO IN ENGLAND AND IRELAND, THE
DOMINION OF WALES, AND TOWNE OF BARWICKE.
Whereas divers good and necessarie provisions have beene heretofore made, as well by Act of Parliament, as otherwise, for the well garbling of Spices and Drugges, to the intent the Subjects of this Our Realme should not bee occasioned to use any unwholesome Spices or Drugges, to the impayring of their health, or to buy the bad instead of the good, to the impairing of their substance. And for as much as the Drugge called Tobacco, being of late yeeres growne frequent in this Our Realme and other Our Dominions, is daily sold ungarbled, whereby more inconvenience groweth and ariseth to Our loving Subjects, then by any other Drugge whatsoever. And for that also by the manie and sundrie abuses practised and committed by Merchants, Masters of Ships and others, in concealing and uttering the said Tobacco without paying any Impost or Custome for the same, great losse and dammage accrueth to Us, notwithstanding any Lawes, Statutes or other course heretofore taken for preventing thereof: For remedie of all which Inconveniences, Wee, by our Letters Patents under our great Scale of England, bearing Date, at West- mynster the five and twentieth day of May now last past, did prohibite and forbid, That no person or persons should at any time after the day of the Date of our said Letters patents within Our Realme of England, the Dominion of Wales, and Port and Towne of Barwicke, or any of them; or within Our Realme of Ireland, or any part of them or any of them, by himselfe or themselves, or his or their servants or factours, or any others, directly or indirectly sell or put to sale; or attempt, presume or goe about any manner of way to sell or put to sale, either in grosse or by retaile, any To bacco, of what sort, kind or growth soever, before the Cus tome and Impost thereof due, were paid; and the same To bacco were viewed, distinguished and sealed by the Officer or Officers of Us, Our Heires and Successours, in that behalfe
1 6 Royal Proclamations.
to be constituted and appointed; For whose labour, travell, charges and expences in that behalfe to be sustained and taken in the execution of the said Office : Wee did by the said Letters Patents, constitute and appoint, That they should and might from time to time, demand, take and receive to their owne use, of every person and persons whose Tobacco they should so garble, viewe and scale, the summe of foure pence of currant English money, for every pound weight thereof so viewed and sealed.
And Wee did also by Our said Letters Patents (for the con siderations therein mentioned) give and grant the said Office, with the powers, fees and authorities before mentioned to Our welbeloved Subjects, Francis Nichols, Jasper Leake and Philip Eden, Gentlemen, to be executed by them or their Deputies or Assignes for thirtie and one yeeres next ensuing the Date of the said Letters Patents.
And Wee did further by Our said Letters, for Us, Our Heires and Successours, give and grant unto the said Francis Nichols, Jasper Leake and Philip Eden, and their Assignes, and to all and every person and persons, which by them or any of them, by writing under their or any of their hands and Scales, should bee in that behalfe deputed and assigned, full power and authoritie during the terme aforesaide, as well to bee present and to have place in all manner of Custome- houses, Ports, Havens, Creeks and places of lading or unlading of any manner of Goods, Wares or Merchandizes, into or out of the said Realmes and Dominions: As also to be present with all and every the Customers, Collecters, Searchers, Surveyers, Waiters, and other Officers and Ministers having charge for or concerning the lading or unlading of any Goods, Wares or Merchandizes, for their better executing of all and everything and things thereby appointed, and for their better receiving and enjoying of the benefit of Our said Grant at all times and places, where the said Officers and Ministers or any of them, should by reason of their said severall Offices have cause or occasion to be : And also in all and every place or places, as well in Ships arrived with Tobacco, and riding in any Port, Roade or River, as on the Land, to make and appoint such and so many Watchmen, Waiters and Officers, and to provide and use such reasonable waies, orders and meanes, as they the said Francis Nichols, Jasper Leake and Philip Eden, and their Assignes and Deputies should and might be just and truely informed of all parcels and quantities of Tobacco,
1619, November 10. 17
as should at any time or times during the said Grant, be brought into any Port or place, or be planted or growing in any place or places of the said Realmes and Dominions or any of them.
And also that it should and might be lawfull, to and for the said Francis Nichols, Jasper Leake, and Philip Eden, and their Assignes, and their and every of their Deputies and Substitutes, at all and every time and times during the terme aforesaid, in lawfull and convenient maner, with a Constable or other Officer of the place, as well to goe on board, view, and survay all Shippes, Vessels, or Bottomes, riding or lying within any of the Ports, Havens, Creekes and places of lading or unlading, within Our saide Realme of England, Dominion of Wales, Port or Towne of Barwicke, or Realme of Ireland, or any the members or places thereunto belonging, as to goe into any House, Celler, Vault, Warehouse, Shop, or other place within the said Realmes and Dominion, and Port, or Towne of Barwicke, or any part of them, or any of them to search and view if there be any Tobacco uttered, sold, or put to sale, or offered to be sold, or put to sale before the same be viewed, distinguished, and sealed contrary to the true meaning of the said Letters patents.
And We did also by the said Letters for Us, Our Heires and Successors, require, charge and Command all and singular Maiors, Shiriffes, Justices of Peace, Bailiff es, Constables, Headboroughes, Customers, Comptrollers, Searchers, Sur veyors, Waiters, and all other Officers, Ministers, and Sub jects whatsoever, of Us, Our Heires and Successors, as well of the said Realme of England, Dominion of Wales, and Port and Towne of Barwicke, as of the said Realme of Ireland, That they and every of them, should from time to time during the continuance of that Our graunt, be aiding and assisting to the said Francis Nichols, Jasper Leake, and Philip Eden, and their Assignes, and to every of them, their and every of their Deputie and Deputies, Substitute and Substitutes, in the due Execution of all and every the powers and authori ties expressed in the said Letters Patents, upon paine of the displeasure of Us, Our Heires and Successors, and as they would answere the contrary at their perils; as by the said Letters Patents more at large appeareth.
Wee now, to the intent Our will and pleasure in the premisses may be the better knowne to all Our loving Subjects whom it may concerne, Doe hereby notifie, publish and declare the
1 8 Royal Proclamations.
same Our pleasure, willing and commanding that all and every the premisses, be from time to time in every respect duely performed, executed and observed according to the true intent and meaning of the same Our Letters Patents. And that no person or persons doe attempt or presume to violate or infringe Our Command hereby; or by Our said Letters Patents declared or expressed, upon the paines and penalties therein contained. And We doe also hereby Charge and Command, as well all and singular Merchants, and other person and persons whatsoever, which shall import any To bacco of what sort soever, That they cause the same to be duely entred in the Custome house belonging to the Port or place where it shall bee landed, in the name or names onely of the true proprietor or owner, proprietors or owners thereof, and not in the name or names of any other person or persons which is not the true owner thereof; As also all Our Customers and other Officers whatsoever, That they take speciall care and regard to the due performance of the same, as they tender Our pleasure, and will avoide the contrary.
Given at Theobalds the tenth day of November, in the seventeenth yeere of Our Reigne of Great Brittaine, France, and Ireland.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton, and John Bill, Printers to the Kings most Excellent Majestic. Anno MDC.XIX.
2 pp. folio. There are two issues varying only in set-up. Copies in Antiq., Camb., I. T., P. C., P. R. 0., and Q. C.
1619, December 30. [Forbidding Planting of Tobacco in England.]
BY THE KING.
A PROCLAMATION TO RESTRAINE THE PLANTING OF TOBACCO IN ENGLAND AND WALES.
It is not unknowen what dislike Wee have ever had of the use of Tobacco, as tending to a generall and new corruption, both of mens bodies and maners: Neverthelesse it is of the
December jo. 19
two, more tolerable, that the same should be imported amongst many other vanities and superfluities which come from be yond the Seas, then permitted to be planted here within this Realme, thereby to abuse and misimploy the soile of this fruitfull Kingdome: For which purpose by Our direction, Letters of late have beene addressed from our Councell of State, prohibiting the plantation thereof within a certaine distance of Our City of London : But entring into further con sideration of the manifold inconveniences of suffering this nourishment of vice, (and nothing else) as a noysome and running Weede, to multiply and overspread within this Our Kingdome, Wee are resolved upon many and weightie reasons of State, to make the said Prohibition generall.
For first, Wee are informed, That whereas the use of forreine Tobacco was chiefly vented, and received in Cities and great Townes, where ryot and excesse useth to take place, it is now by the Inland plantation become promiscuous, and begun to be taken in every meane Village, even amongst the basest people.
Secondly, Wee are given to understand from divers persons of skill and experience, That the English Tobacco, howsoever some doe presume or imagine by industrie and experience to rectifie it, and make it good (wherein it is easie for opinion to doe mischiefe) yet it is certeinly in it selfe more crude, poysonous and dangerous for the bodies and healths of Our Subjects, then that that comes from hotter Climates; So that the medicinall use of Tobacco (which it is that that is onely good in it, and to be approoved) is in this kind also corrupted and infected.
Thirdly, Whereas Our Colonies and Plantations in Virginia and the Sommer Islands, (being proper and naturall Climates for that plant, and the true temper thereof) receive much comfort by the Importation thereof into this Kingdome, (which it is to be respected at least in the Interim, untill Our said Colonies may grow to ye eld better and more solide commodities) Now the said Trading from thence is and will be by the Plantation within this Realme, choaked and over- throwen.
Fourthly, Wee doe find also, that the reason that mooved Us to interdict the planting thereof neere the Citie of London, (which was in regard of the conversions of garden grounds, and rich soyled grounds from divers Roots and Herbes, fit for victuall and sustenance, unto this harmefull vanitie) extendeth
2O Royal Proclamations.
likewise unto all Cities, Townes and Villages, and rather more, by how much the povertie is greater there, then here above.
And lastly, for that it doeth manifestly tend to the diminu tion of Our Customes, which is a thing, that although in case of good Manufactures, and necessary commodities Wee doe little esteeme; Yet where it shall be taken from Us, and no good but rather hurt thereby redound to Our people, Wee have reason to preserve.
Wee therefore intending in time to provide a remedie for this spreading evill, which hath in a very few yeeres dispersed it selfe into most parts of Our Kingdomes, doe hereby straightly charge and command all and every person and persons of what degree or condition soever, That they or any of them, by themselves, their servants, workemen or labourers, doe not from and after the second day of Februarie next, presume to sow, set, or plant, or cause to be sowen, set or planted, within this Our Realme of England, or Dominion of Wales, any sort or kinde of Tobacco whatsoever, And that they or any of them, shall not, or doe not hereafter maintaine, or continue any olde stockes, or plants of Tobacco, formerly sowen or planted, but shall foorthwith utterly destroy and roote up the same, converting and imploying the ground and soyle thereof to some other lawfull uses and purposes, as to them shall seeme best, upon paine of contempt of Our Royall com- mandement, to be proceeded with according to Our Lawes, and Prerogative Royall with all severitie.
And therefore, for the more due execution of the premisses, Wee doe further will, require and command all Mayors, Sheriffes, Justices of Peace, Bayliffes, Constables, and other Officers and ministers, to whom it shall or may appertaine, That they and every of them, shall from time to time dili gently and carefully intend the due and exact observation, of this Our Royall pleasure, And that they permit not, nor suffer any thing to be done, contrary to the true intent and meaning of this Our Proclamation, but withstand the same to their uttermost power, as they tender Our service: And further that they take order that such offenders, labourers, or worke men, as shal persist in the sowing or planting of Tobacco, in this Our Realme or Dominion of Wales, or in the maintaining or continuing any old stocks, or former plantations thereof hereafter, may be called before them, and be bound in Re cognizances of good summes to Our use, to appeare in Our Court of Starrechamber, there to be prosecuted by Our
1 620, May 15. 21
Attourney generall, as contemners of Our expresse Com- mandement, Proclamation, and Prerogative Royall; wherein (especially in a cause of this nature) Wee will expect, and require of all Our Subjects, their due conformitie and obedi ence.
Given at Our Palace of Westminster the thirtieth day of December, in the seventeenth yeere of Our Reigne of Great Britaine, France and Ireland.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno MDC.XIX.
2 pp. folio. Copies in Antiq., I. T., P. C., P. R. 0., and Q. C.
1620, May 15. [Forbidding Roger North's Expedition to Brazil/
BY THE KING.
A PROCLAMATION DECLARING HIS MAJESTIES PLEAS URE CONCERNING CAPTAINE ROGER NORTH, AND THOSE WHO ARE GONE FOORTH AS ADVENTURERS WITH HIM.
Whereas Roger North1 Esquier, with divers others of Our Subjects, as Adventurers for the intended Plantation and
1 Capt. Roger North, who had been a member of Raleigh's unfortunate expedition to Guiana, petitioned the King in 1619 for letters patent authorizing him to establish the King's right to the coast and country adjoining the Amazon River and to found a Plantation there. On April 18, 1619, the Privy Council authorized the Solicitor General to prepare a bill for granting him privileges for a Plantation which should " extend from the River of Wyapoco [Oyapok] to five degrees of southerly latitude, from any part or branch of the River of Amazons otherwise called Oreliana and for longitude into the Land to be limited from sea to sea." This was then esteemed to be part of Guiana, but is now territory of Brazil. Provided with a passport, but without express, leave from the King, North sailed from Plymouth in May, 1620. The King, inspired by the remonstrances of Spanish agents, then issued the proclamation of recall. Although his cruise prospered, his ship being "well fraught" with 7000 pounds of tobacco, he returned to England as soon as he heard of the warrant against him. He was imprisoned in the Tower in January, 1621, and his cargo was confiscated. He soon succeeded in obtaining his release and later made good his claim to the restitution of the tobacco (see Acts of Privy Council, Colonial, i, 23-48; Calendar of State Papers, Colonial, 1374-1660; Diet, of National Biog raphy, xli, 174.)
22 Royal Proclamations.
selling of Trade and Commerce in those parts of the Conti nent of America neare and about the River of Amazones (which were presupposed not to be under the obedience and governement of any other Christian Prince or State) hath secretly conveyed himselfe away and hath disloyally precipi tated and imbarqued himselfe, and his fellowes, and sodainly set to Sea with a pretended purpose to prosecute that designe, contrary to Our Royal pleasure and Commandement expresly signified unto him by one of Our principall Secretaries, Our Admirall of England having also refused him leave to go: We then having out of weightie considerations, and reason of State, and upon the deliberate advise of Our Privy Councell resolved to suspend and restraine the said Plantation and voyage for a time, and having thereupon streightly charged and commanded him the said North upon his duty and aleageance, that hee and his Associates should for a while surcease their Provisions, and should stay themselves and their Shipping, wrhich they had already prepared, untill Our further pleasure should be made knowen unto them.
Wee have therefore held it fit hereby to make a publique Declaration of Our utter mislike and disavowement of this their rash, undutiful and insolent attempt; and do hereby revoke, annihilate and disanull all Power, Authorise, jurisdic tion, or Commission whatsoever, which he the said North, or any of his Complices may pretend in any sort to derive and hold from or under Us ; and do hereby charge aswell him the said North, as all his Companions and followers, immediately upon the first notice that shall be given him or them of this Our pleasure, that they shall make their speedie returne directly home, with all their shipping and munitions into this Our Kingdome of England, assoone as the windes and weather shall permit them; and being heere arrived shall foorthwith present themselves in person unto some of Our Privie Councel, under paine of being heereby declared guiltie of high contempt and rebellion, in case they shall disobey this Our expresse commandement.
And Wee doe further heereby straitly require and charge aswell the Governours, as all other the Partenors and Ad venturers, any wayes concerned, or interested as members of the Companie and Incorporation intended for that Plantation, as all other Merchants, Captaines, Masters, and Officers, of Ships, Saylors, Marrinors, and all other our loving subjects whatsoever, that they shall in no sort ayd or abette, nor
1 620, May 15. 23
comfort him the said North, nor any of his Complices with any supply of shipping, men, money, munition, victuals, merchandise, or other commodities or necessaries whatsoever : but that aswell all and every Our Admirals, Vice-Admirals, and other Our Officers and Commanders of Our Ships, or Pinnaces, as all other Captaines and Masters of any of Our subjects ships and vessels whatsoever, that shall happen to meete with him the saide North, or any of his Company at sea, or in any Harbour, Port, or Creeke wheresoever, shall in Our Name attach, seize, and summon him, or them, and their shipping, to returne immediately home, and shall foorthwith bring them backe to some of Our Ports of this Our Kingdome, and there commit them and their Ships to the charge of such Our Officers, as it shall respectively appertaine unto, untill Wee (having received information of their such returne, which Wee will expect from Our said Officers, who shall so stand incharged with them) shall give further order concerning them, aswell their persons as their shipping and munitions. Wherein Wee doe expresly charge and command aswell him the said North, and all his Company, Abettors, and Adhe rents, and all the rest of that Company and Incorporation intended, as all and every other Our Officers by Land or Sea, and all other Captaines, Masters, and Marriners in any of Our subjects ships, and all other Our loving subjects whatsoever, faithfully, diligently, and carefully to observe, doe, and per- forme in their severall qualities and places, that which Wee have heereby required of them, according to every of their duties, charges, and imployments, upon paine of Our high displeasure and indignation, and as they will answere the contrarie at their uttermost perill.
Given at Our Manour of Greenwich this fifteenth day of May, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestic. Anno Dom. M.DC.XX.
2 pp. folio. Copies in Antiq., I. T., P. C., P. R. 0., and Q. C. Entered on Patent Rolls. Printed in Rymer's " Feeder a" xvii, 215.
24 Royal Proclamations.
1620, May 27.
[Manufacture of Tobacco-pipes.]
BY THE KING.
A PROCLAMATION COMMANDING CONFORMITY TO HIS MAJES TIES PLEASURE, EXPRESSED IN HIS LATE CHARTER TO THE TOBACCO-PIPE-MAKERS.
Whereas divers of the poorer sort of Our Subjects have heretofore lived by the trade of making Tobacco pipes, but for want of power to retaine and keepe their Apprentices and servants in due obedience, and to restraine others from in truding upon their Arte, the auncient Makers have not so well prospered as was desired: For prevention of which in conveniences, and for reducing the workemen in that trade to such a competent number, as they might bee governed after the example of other Societies, who florish by ranging them selves under good Orders; We did by Our late Charter In corporate a selected number of the most ancient, and such others as they for skill and honestie should admit into their Socitie: Thereby prohibiting all others who were not mem bers thereof, to make any sort of Tobacco-pipes within Our Realme of England or Dominion of Wales; And thereby also commanding, that no person or persons directly, or indirectly should buy Tobacco-pipes to sell againe, of, or from the hands of any others then the knowne Members of the said Societie. Yet neverthelesse being lately informed by Certificate from sundry Our Justices of Peace of Our Counties of Middlesex and Surrey (who in due obedience of Our Royall pleasure, declared in Our said Charter, did in person assist the execution of the same) That divers lewde and obstinate offenders, had fortified themselves in their houses with weapons, And in contempt of Our Regall Authority resisted them, comming with the severall Warrants of the Lord Chiefe Justice of Our Bench, and other the Justices of Peace within Our Citie of London, and the said counties of Middlesex and Surrey; And also that there were divers il disposed persons (who delighting to oppose al good orders) contemptuously maintained these underhand offenders, some by harboring the unlawfull Makers of Tobacco-pipes secretly in their houses, there to make them contrary to Our Charter, to the end to partake of the stolne
1620, May 27. 25
profit thereof; Others, by buying secretly this under-hand made ware, in contempt of Our Authority, and with an evill intent of overthrowing this Societie which we have sought to establish.
Now therefore, that by the presumptuous example of these disobedient persons, others may not be incouraged hereafter by impunity to presume to resist and contemne Our Royall Commandement in matters of greater moment, or to with stand the authority of Magistrates and government, These are to charge and straitly command, that no persons whatsoever within this Our Realme of England and Dominion of Wales shall hereafter presume to make any manner of Tobacco- pipes, but such as are or shall bee members of the said Societie : nor shall presume to harbour in their houses any Tobacco- pipe-makers to use their trade there, who are not of the said Societie; nor that any person or persons (especially who buy Tobacco-pipes to sell againe) shall at any time, or in any place buy or obtaine by any meanes, directly or indirectly any Tobacco-pipes whatsoever, from any under-handmakers or others, but only from such as are knowne members of the said Societie, and that at their common Hall, or other knowne Warehouses appointed, or hereafter to bee appointed, where they may bee bought by all Our loving Subjects, upon paine of Our high displeasure, and such punishments as are due for such contempts, whereof We shall require a strict account by proceeding against the offendours in Our Court of Starre- Chamber.
Further commanding, that if at any time heereafter any person shall bee so audacious as to fortifie themselves in their houses, or in the houses of any other, or to withstand Our will and pleasure heerein, or to resist Our authoritie given and imparted to Our Lord chiefe Justice and others, in the search or apprehension of them, or any of them; Then Wee doe heereby will and require, that sufficient power be had and taken by such who shal have such Warrants, to apprehend such obstinate and contemptuous persons, and to carry them before Our said chiefe Justice, or other Justice of the Peace, that punishment may be inflicted on them in the severest manner Our Lawes will permit by imprisoning their bodie, till they have put in sufficient suretie for their good behaviour afterwards. Heereby further, straitly charging Our Atturney generall for the time being, that he cause all and every such wilfull and disobedient persons, for such their high contempt
26 Royal Proclamations.
in this behalfe, to be prosecuted in Our Court of Starre- Chamber (where Our will is they shall bee sharpely punished) according to the measure of such their audacious and bold resistance of Our Royall commandement. And to the intent that these fraudes and abuses may the better be found out and punished, Our pleasure is, that it shall and may bee law- full for any two, or more of the said Societie, together with a lawfull officer to enter into any suspected place or places, at lawful and convenient times, there to search for, and finde out any under-hand made, or sold Tobacco-pipes; And all such so found to seize, take, and carry away, and them saf elye to keepe to bee disposed of, according to the tenor of Our sayd Charter.
And lastly, for the full execution of this Our Royall Com mandement, Wee will and require the Lord Maior of our Citie of London, for the time being, and all other Maiors, Shiriffes, Justices of Peace, Bailiffes, Constables, and all other Officers and Ministers whatsoever; That they and every of them in their severall Offices and places, bee from time to time ayding and assisting to the Master, Wardens, and Societie of Tobacco-pipe makers in the due execution and accomplishment of this Our Royall will and Commandement, as they tender Our pleasure, and will answere the contrary at their perill.
Given at Our Court at Theobalds the seven and twentieth day of May, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestic. Anno Dom. M.DC.XX.
2 pp. folio. Copies in Antiq., I. T., P. C., P. R. 0., and Q. C. Entered on Patent Rolls.
1620, June 29. 27
1620, June 29. [Restraining Disorderly Trading in Tobacco.]
BY THE KING.
A PROCLAMATION FOR RESTRAINT OF THE DISORDERED
TRADING FOR TOBACCO.
Whereas Wee, out of the dislike Wee had of the use of Tobacco, tending to a generall and new corruption both of mens bodies and maners, and yet neverthelesse holding it of the two more tolerable, that the same should be imported amongst many other vanities and superfluities, which came from beyond the Seas, then permitted to be planted here within this Realme, thereby to abuse and misimploy the soile of this fruitfull Kingdome, did by Our Proclamation dated the thirtieth day of December now last past straitly charge and commaund all and every person and persons, of what de gree or condition sopver, That they or any of them by them selves, their servants, workemen or labourers should not from and after the second day of February then next following, presume to sow, set or plant, or cause to be sowen, set or planted within this Our Realme of England, and the Dominion of Wales, any sort or Kinde of Tobacco whatsoever, and that they, or any of them, should not maintaine or continue any olde stockes or plants of Tobacco formerly sowen or planted, but should forthwith utterly destroy and root up the same. And whereas We have taken into Our Royall consideration as well the great waste and consumption of the wealth of Our Kingdomes, as the endangering and impairing the health of Our Subjects, by the inordinate libertie and abuse of Tobacco, being a weede of no necessary use, and but of late yeeres brought into Our Dominions, and being credibly informed, that divers Tobacconists, and other meane persons taking upon them to trade and adventure into the parts beyond the Seas for Tobacco, to the intent to forestall and engrosse the said commoditie, upon unmerchantlike conditions, doe trans port much Gold bullion and Coyne out of Our Kingdomes, and doe barter and vent the Staple commodities of Our Realme at under- values, to the intent to buy Tobacco, to the discredit of Our native merchandizes, and extreame enhansing of the
28 Royal Proclamations.
rates and prices of Tobacco, and the great disturbance and decay of the Trade of the orderly and good Merchant: We taking the premisses into Our Princely consideration, and being desirous to put a remedie to the said inconveniences, which Wee have long endeavoured, though with lesse effect then Wee expected, have resolved to make some further redresse, by restraining the disordered traffique in that commoditie, and reducing it into the hands of able persons that may manage the same without inconvenience, whereby the generall abuse may be taken away, and the necessary use (if any be) may be preserved. We doe therefore not only by these presents, straitly charge ana commaund, That Our said Proclamation restraining the planting of Tobacco, be in every respect observed and performed according to the tenour thereof, upon the penalties therein contained ; but also that no person or persons whatsoever, Englishmen, Denizens or Strangers, (other then such as shall be authorized and appointed there unto by Letters Patents under Our great Scale of England) doe import or cause to be imported into this Our Realme of England or Dominion of Wales, or any part of them or either of them, any Tobacco, of what nature, kind, or sort soever, after the tenth day of July next ensuing the date hereof, from any the parts beyond the Seas, upon paine of forfeiture to Us of all such Tobacco so to be imported contrary to the true meaning of these Presents, and upon such further paines and penalties as by the Lawes and Statutes of this Realme, or by the severitie or censure of Our Court of Starrechamber may be inflicted upon the offenders, for contempt of this Our Royall command. And likewise that no Master, Merchant, or Purser of any Ship or other Vessell, doe at any time or times after the said tenth day of July, presume or attempt to take into their ships to be imported into this Realme and Dominion, or either of them, any sort, maner, or quantity of Tobacco whatsoever, but onely to the use of such person and persons as shalbe so as aforesaid authorized and appointed under Our great Seale of England to import the same, and which shalbe by them, their deputies, servants or factors delivered to the said Masters, Merchants or Pursers of Ships to be imported, upon the paines and penalties aforesaid.
And to the intent that no such offender may colour or hide his offence and contempt, by shadowing the Tobacco to be brought in, contrary to Our pleasure before expressed, under pretence of former store, We doe hereby signifie and declare
June 29. 29
Our will and pleasure, and doe straitly charge and command, That all and every person and persons which now have, or hereafter shall have within or neere the Cities of London or Westminster, in their hands, custody or possession, any To bacco heretofore imported, or hereafter and before the said tenth day of July now next ensuing to be imported into this Realm, amounting to the quantitie of ten pounds weight or above, shall before the said tenth day of July now next com- ming, bring the same unto the house commonly called, The Hawke and Peasant, situate in Cornehill in the said citie of London, and shall cause the same to be there sealed and marked by such person and persons, and with such marke or Scale as by Us shalbe for that purpose assigned and appointed, without giving any Fee or allowance for the said Scale or marke.
And to the intent that the Tobacco to be hereafter imported by Warrant or Authoritie under Our great Seale, may be knowen and distinguished from such as shall be secretly and without Warrant brought in by stealth, We doe likewise charge and command, that all such Tobacco as from and after the said tenth day of July shall be imported by force of any such warrant or Authoritie and none other, except the old store aforesaid to be sealed as aforesaid, shall be sealed and marked with such Seale and marke as aforesaid. And we doe hereby prohibite all person and persons from and after the said tenth day of July, to buy, utter, sell or vent within the said King- dome and Dominion, or either of them, any Roll or other grosse quantitie of Tobacco whatsoever, before the same be so as aforesaid marked or sealed, upon paine of forfeiture unto Us of all such Tobacco so bought, uttered, solde or vented contrary to the intent of these Presents, and upon such further penalties as by Our Lawes, or by the censure of Our Court of Starrechamber may be inflicted upon the offenders, as con- temners of Our Roy all command.
And for the better execution of this Our Pleasure, Wee doe hereby command all and singular Customers, Comptrollers, Searchers, Waiters, and other officers attending in all and every the Ports, Creeks, or places of lading or unlading, for the taking, collecting, or receiving of any Our Customers, Subsidies or other duties, to take notice of this Our pleasure: and We do hereby command, and give power and authority unto them, and every or any of them, from time to time, as well to search any Ship or other Vessell or Bottome, riding
30 Royal Proclamations,
or lying within any Port, Haven or Creeke within their severall charge and place of attendance, for all Tobacco imported contrary to the intent of this Our Proclamation, and the same being found, to seize and take to Our use; as also to take notice of the names, and apprehend the bringers in, and buyers of the same, to the end they may receive condigne punish ment for their offences, upon paine that every of the said Officers which shalbe found negligent, remisse or corrupt therein, shall lose his place and entertainment, and undergoe such paines and penalties as by Our Lawes, or the censure of Our said Court of Starrechamber may be inflicted upon them for the same.
And likewise We doe hereby will, ordaine, and appoint, That it shal and may be lawfull to and for such person and persons, as shalbe so as aforesaid authorized and appointed by Letters Patents under Our great Scale, to import Tobacco by himself e or themselves, or his or their Deputie or Deputies, with a lawfull Officer to enter into any suspected places at lawfull and convenient times, and there search, discover and finde out any Tobacco imported, uttered, solde or vented, not marked or sealed as aforesaid, contrary to the true meaning hereof, and all such Tobacco so found, to seize, take away and dispose of, and the owners thereof, or in whose custody the same shalbe found, to informe and complaine of, to the end they may receive punishment according to Our pleasure before herein declared.
And further, We doe by these Presents will and require all and singular Mayors, Sheriffes, Justices of Peace, Bay- liffes, Constables, Headboroughes, Customers, Comptrollers, Searchers, Waiters, and all other Our Officers and Ministers whatsoever, That they and every of them in their severall places and offices be diligent and attendant in the execution of this Our Proclamation, and also aiding and assisting unto such person and persons, and his and their Deputies and Assignes as we shall so as aforesaid authorize and appoint to import Tobacco, aswell in any search for discovery of any acte or actes to bee performed contrary to the intent of these Presents, as otherwise in the doing or executing of any matter or thing for the accomplishment of this Our Royall Command. And lastly Our will and pleasure is, and Wee doe hereby charge and command Our Atturney generall for the time being, to informe against such persons in Our Court of Starrechamber from time to time, whose contempt and disobedience against
i62i, March 8.. 31
this Our Royall command shall merit the censure of that Court.
Given at Our Manour of Greenwich the nine and twentieth day of June, in the eighteenth yeere of Our Reigne of England, France and Ireland, and of Scotland the three and fiftieth.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestic. Anno Dom. M.DC.XX.
2 pp. folio. Copies in Antiq., I. T., P. C., P. R. 0., and Q. C. Entered on Patent Rolls. Printed in Rymer's " Fcedera" xvii, 233.
1621, March 8. [Suppressing Lotteries in Virginia.]
BY THE KING.
Whereas, at the humble suit and request of sundry Our loving and well disposed Subjects, intending to deduce a Colony, and to make a Plantation in Virginia, Wee, for the inlarging of Our Government, increase of Navigation and Trade, and especially for the reducing of the savage and bar barous people of those parts to the Christian faith, did incor porate1 divers Noblemen, Gentlemen and others, adventurers in the sayd Plantation, and granted unto them sundry Privi- ledges and Liberties; amongst which, for their better helpe and assistance to raise some competent summes of money to prosecute the same Plantation to a happy end, Wee did grant them licence to set foorth, erect, and publish Lotteries, to continue for one yeere after the opening of the same, and further, during Our pleasure; which liberty hath been by the same Company put in use divers yeeres past. Now foras much as We are given to understand, that although Wee in granting the sayd Licence, had Our eye fixed upon a religious and Princely end and designe, yet the sayd Lotteries, having now for a long time been put in use, doe dayly decline to more
1 The third charter to the Virginia Company, granted March 12, 1612, contained four clauses, sections xvi-xix, regarding the conduct of lotteries (Brown's Genesis of the United States, ii, 552).
32 Royal Proclamations.
and more inconvenience, to the hinderance of multitudes of Our Subjects.1
Wee whose care continually waiteth upon the generall wel fare of Our people, have thought it expedient, for the generall good of Our Subjects, to suspend the further execution of the saide Lotteries, untill upon further deliberation and advise ment, We shall be more fully informed of the inconveniences and evils thereby arising, and may ordaine due remedy for the same, without any conceit of withdrawing Our favour in any degree from the said Company or plantation, and good worke by them intended.
And therefore We doe heereby expresly charge and com mand the sayd Company and their successors, and all their Officers, Ministers, and Servants, and all others, That from hencefoorth they desist and forbeare, to use or execute any manner of grant or Licence from Us, for the keeping and con tinuing of any Lotterie, or to keepe or continue any Lotterie, within this Our Realme of England or the Dominions thereof, untill such time as Wee shall declare Our further pleasure therein. And Wee likewise require all Justices, Officers, and Ministers whatsoever, from hencefoorth, diligently and care fully to see this Our pleasure executed, and to punish the in- f ringers thereof, as contemners of Our Royall command.
Given at Our Palace of Westminster the eighth ;day of March, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestic. M.DC.XX.
i p. folio. Copies in Antiq., I. T., P. C., P. R. 0., and Q. C.; also John Carter Brown Library.
1 The Privy Council, upon complaint of the House of Commons, took action regarding the suspension of lotteries in Virginia on March 4, 1621 (Acts of Privy Council, Colonial, i, 39). For the general subject of lotteries in Virginia, see Bruce, Economic History of Virginia, ii, 275; Kings bury, Records of Virginia Company, i, 93; Brown, Genesis of the United States, index; and Brown, First Republic in America, index. In the last reference, p. 394, this proclamation is incorrectly dated March 18. The proclamation is reproduced in fac-simile in Three Proclamations concerning the Lottery for Virginia, published by the John Carter Brown Library, Providence, R. L, 1907, in which volume are also repro duced a broadside of 1613 issued by the Council for Virginia regarding the draw ing of the lottery and "A Declaration for the certaine time of drawing the great standing Lottery," printed February 22, 1615 [-16].
1622^ November 6. 33
1622, November 6. [Prohibiting Disorderly Trading to New England.]
BY THE KING.
A PROCLAMATION PROHIBITING INTERLOPING AND
DISORDERLY TRADING TO NEW ENGLAND IN AMERICA.
As it hath ever beene held a principall Office of Christian Kings, to seeke by all pious meanes the advancement of Christian Religion; so the consideration thereof, hath beene a speciall motive unto Us, from time to time, as often as cause hath required, to further, by Our Roy all authority, the good disposition of any of Our well affected Subjects, that have a will to attempt the discovering and planting in any parts of the World, as yet savage and unpossessed by the Subjects of any Christian Prince or State. And now for that, by Gods sacred favour, there is likely to ensue great advancement of his glory, Our Crown, and State, by reason of Our grant heere- tofore made to the Counsell for the managing of the affaires of New England in America, being in breadth from forty degrees of Northerly latitude from the Equinoctiall line to forty eight degrees of the sayd Northerly latitude, and in length by all the breadth aforesayd, thorowout the maine land from Sea to Sea1; We cannot but continue Our speciall respect and favour unto them in their endevours, and exercise Our Royall authority against the hinderers thereof. Where fore, having received certaine information of many and in tolerable abuses offered by sundry interlopers, irregular and disobedient persons, that seeking principally their present and private profits, have not only impeached some of the Planters there, of their lawfull possessions, but also taken from them their Timber without giving any satisfaction, as in justice they ought to have done: and not therewith contented, have rined whole woods to the utter ruine of the same for ever after; as also, by casting of their ballast in the harbors of some of their Hands, have almost made them unserviceable: And yet not so contented, by their promiscuous trading, as well Mari ners as Masters with the Savages, have overthrowne the trade and commerce that before was had, to the great profit of the
1 The patent of November 3, 1620.
34 Royal Proclamations.
Planters, and which were indeed their principall hopes for the advancement of that plantation, next unto the commodities that coast affords of Fishing: Neither heerwith satisfied, but as if they resolved to omit nothing that might be impious and intolerable, they did not forbeare to barter away to the Savages, Swords, Pikes, Muskets, Fowling peeces, Match, Powder, Shot, and other warlike weapons, and teach them the use thereof; not only to their owne present punishment (divers of them being shortly after slain by the same Savages, whom they had so taught, and with the same weapons which they had furnished them withall) but also to the hazard of the lives of Our good subjects already planted there, and (asmuch as in them lay) to the making of the whole attempt it selfe (how pious and hopefull soever) frustrate, or so much the more difficult.1 We, for reformation and prevention of these or the like evils heerafter, and for the more cleare declaration of Our Kingly resolution and just intents, both to maintayne Our Royall grant already made, #nd to uphold and encourage by all wayes and meanes the worthy dispositions of the under takers of those designes, have thought fit, and doe heerby straitly charge and command, That none of Our Subjects whatsoever, (not Adventurers, Inhabitors or Planters in New England) presume from hencefoorth to frequent those Coasts, to trade or traffique with those people, or to intermedle in the woodes or freehold of any the Planters or Inhabitants (other wise then by the licence of the sayd Counsell, or according to the orders established by Our Privy Counsell for the releese or ease of the transportation of the Colony in Virginia) upon paine of Our high indignation, and the confiscation, penalties and forfeitures in Our sayd Royall grant expressed: Leaving it neverthelesse, in the meane time, to the discretion of the sayd Counsel for New England, to proceed against the fore- sayd offenders according to the same, especially, seeing We finde the armes of the sayd Counsell to bee open to receive into that plantation any of Our loving Subjects, who are willing to joyne with them in the charge, and participate in the profits thereof.
1 These "irregular and disobedient persons" were undoubtedly the members of Thomas Weston's colony at Weymouth. The Council for New England, in May, 1622, took notice of the complaints against Weston and moved that a proclamation be secured warning those who went to New England in contempt of authority (Records in Amer. Antiquarian Society Proceedings for April, 1867, p. 59). The proclamation was ordered by the Privy Council on October 23, 1622 (Acts of the Privy Council, Colonial, i, 55).
1624, September 29. 35
Given at Our Court at Theobalds, the sixt day of November, in the yeere of Our Reigne of England, France, and Ireland, the twentieth, and of Scotland the sixe and fiftieth.1
GOD SAVE THE KING.
Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestic. M.DC.XXIL
I p. folio. Copies in Antiq., B. M., Dalk., I. T., P. C., P. R. 0., and
Q. C.; also John Carter Brown Library. Entered on Patent Rolls. Printed in Rymer's "Fcedera" xvii, 416.
1624, September 29. [Encouraging Growth of Tobacco in Plantations.]
BY THE KING.
A PROCLAMATION CONCERNING TOBACCO.
Whereas Our Commons, assembled in Our last Sessions of Parliament, became humble Petitioners unto Us, That, for many waightie reasons, much concerning the welfare of Our Kingdome, and the Trade thereof, We would by Our Royall power, utterly prohibite the use of all foreigne Tobacco, which is not of the growth of Our owne Dominions2: And whereas We have upon all occasions made knowen Our dislike, We have ever had of the use of Tobacco in generall, as tending to the corruption both of the health and manners of Our people, and to that purpose have at severall times heretofore pro hibited the planting of Tobacco, both in England and Wales, as utterly unfit, in respect of the Climate, to cherish the same for any medicinall use, (which is the onely good to bee ap- prooved in it;) And at other times have also prohibited the disorderly Trading for Tobacco, into the parts beyond the Seas, as by Our severall Proclamations, published to that purpose, it may appeare. Neverthelesse, because Wee have
1 A note on the original proclamation in the privy seal bundles, no. 1955, in the Public Record Office, reads, "I have prepared this proclamation readie for your Majesty's signature upon an order made at the Councell Board. Thomas Coventry."
2 The Commons vote, dated May 24, 1624, is in the Journal of the House of Commons, i, 794. The several documents leading up to the issuing of this Proclamation are listed in Kingsbury's Records of the Virginia Company, i, 192-200.
36 Royal Proclamations.
beene earnestly and often importuned by many of Our loving Subjects, Planters and Adventurers in Virginia, and the Som- mer Islands, and lately by Our Commissioners for Virginia, that We would be pleased to take into Our Royall care that part of Our Dominions, by Our Royall authoritie, and by the Industrie of Our loyall Subjects, added to the rest of Our Empire, for the propagation of Christian Religion, and the ease and benefite of this populous Realme, and to consider, that those Colonies and Plantations, are yet but in their in- fancie, and cannot be brought to maturitie and perfection, unlesse We will bee pleased for a time to tolerate unto them the planting and venting of the Tobacco, which is, and shall be of the growth of those Colonies and Plantations; We, taking into Our Princely consideration these, and many other important reasons of State, have beene graciously pleased to condescend to the desires and humble petitions of Our loving Subjects in this behalf e.
And therefore We doe by these presents straitly charge and command, That no person whatsoever, of what degree or qualitie soever, doe at any time hereafter, import, or cause to be imported from any part beyond the Seas, or out of Our Kingdome of Scotland, into this Our Realme of England, or Dominion of Wales, or into Our Realme of Ireland, any To bacco, which is not of the proper growth of the Plantations of Virginia, and the Sommer Islands, or one of them, upon paine of forfeiture unto Us of all such Tobacco so to be imported, contrary to the true meaning of these presents, in whose hands soever the same shall be found, and upon such further paines and penalties, as by the Lawes and Statutes of these Our Realmes, or by the severity or censure of Our Court of Starre- chamber, in either of those Kingdomes respectively, may be inflicted upon the Offenders, for contempt of this Our Royall command, and to be reputed and taken as enemies to Our proceedings, and to those Plantations which so much con- cerne Our Honour, and the honour and profit of these Our Kingdomes. And We further will and command, upon the penalties aforesaid, that from hencefoorth, no person or per sons whatsoever, presume to sow, set, or plant, or cause, or permit, or suffer to be sowed, set, or planted, in any of his or their grounds, any Tobacco whatsoever, within these Our Realmes of England, or Ireland, or Dominion of Wales, or any Isles or places belonging thereto, or permit or suffer any old stocke, plant, or root of Tobacco formerly set, sowed, or
1624, September 29. 37
planted there to continue, not plucked up and utterly de stroyed, contrary to the tenour and true meaning of a former Proclamation, made and published by Us to that purpose, bearing date the thirtieth day of December, in the seventeenth yeere of Our Reigne of England.
And Wee further straitly charge and command, upon the paines and penalties aforesaid, That no person whatsoever, presume to buy, or sell any Tobacco, which from hencefoorth shall be imported, or brought from any the parts beyond the Seas, or from Our Realme of Scotland, which is not, or shall not be of the proper growth of the Colonies aforesaid, of Virginia, and the Sommer Islands, or one of them. And because Wee understand, that some, who intend their owne private, more then the publique, conceiving it to be probable, that We would grant the petition of Our Commons in Parlia ment, to prevent the effect thereof, have lately imported secretly, and by stealth, great quantities of forreigne Tobacco, for which they have payd no Subsidie, or other duety unto Us ; We further will and command, under the paines and penalties aforesaid, that no person whatsoever, from, and after the five and twentieth day of March, now next ensuing, presume to sell, or offer, or put to sale within these Our Realmes or Dominion, any Tobacco, which hath beene formerly imported into this Realme, which is not of the proper growth of the Colonies, or Plantations aforesaid, or one of them, nor that any person whatsoever, willingly and knowingly, take, or use any Tobacco, from, and after the first day of May, now next ensuing, which is not, or shall not be of the proper growth of the sayd Colonies, or Plantations, or one of them. Yet, because the said forreigne Tobacco may not lie on the hands of the owners thereof, Wee are graciously pleased, that at any time, within fortie dayes after the sayd five and twentieth day of March, such forreigne Tobacco may be freely exported by any person whatsoever, without paying any Subsidie or other due tie for the same. And because no man shall pretend ignorance, and thereby endevour to excuse his offence in any of the premisses; Wee doe further charge and command, and doe hereby signifie and declare Our will and pleasure to be, that all, and every person and persons, Merchant or other, who useth to sell, or hath any purpose to sell Tobacco, who have in his, or their hands, custodie or possession, or in the hands, custodie or possession of any other by their delivery, or to their use, any Tobacco heretofore imported into this Our
38 Royal Proclamations.
Realme, or planted, set, or sowen within this Realme, shall be fore the twentieth day of October, now next comming, bring the same into Our Custome-house, within Our Citie of London, if such Tobacco be within five miles of Our said Citie, or if such Tobacco be in any other Citie, Towne, or Place, within this Our Realme of England, or Dominion of Wales, or Realme of Ireland, shall bring the same to the Towne-house, or other fit place, which shall be to that purpose appointed by Us, in that City or Corporate Towne, neerest unto which the said Tobacco shall be, and shall before the first day of December, now next comming, there require and cause the same to be Marked and Sealed by such person or persons, and with such Seale and Marke, as We shall thereunto assigne or appoint fpr that purpose, without giving any fee or allowance for the said Seale or Marke, and whatsoever Tobacco shall not be Sealed or marked, as aforesaid, within the severall times afore said, shall be confiscate et forfeited unto Us for such their de fault and contempt. And for the avoyding of all deceit and abuse in disguising of forraigne Tobacco, or mingling the same with the Tobacco of Virginia, or the Sommer Islands, thereby to defraud the true intent of these presents, We further straitly charge and command, under the paines and penalties afore said, That no person, who is, or shall be a seller of Tobacco, shall have, or keepe ready cut, above the quantity of one pound of Tobacco at once, nor shall mingle any forraigne Tobacco, with any Tobacco of the growth of the Sommer Islands or Virginia.
And Wee straitly charge and command, that all the planters of Tobacco in the Colonies aforesaid, or any part thereof, shall make the same good, and merchantable, and shall not presume to send over into this our Realme of England, any Tobacco, which shall not be good and merchantable, and well made up in rolle without stalkes, or other bad or corrupt stuffe. upon paine of confiscation thereof, or so much thereof, as upon due triall made, shall be found to be otherwise, to the intent that such of Our Subjectes, as shall desire to use the same, may not be abused, or deceived therewith, to the impairing of their health. And to the intent that the Tobacco of the Colonies, and Plantations aforesaid, thus tolerated by Us, may be knowen and distinguished, from such as shall bee secretly, and without warrant brought in by stealth; Wee doe likewise straitly charge and command, upon the paines and penalties aforesaid, That all such Tobacco, as shall bee brought from the
1624, September 2g. 39
Colonies aforesaid, shall be all brought, and landed at the Key of Our Custome house, in Our citie of London, and not elsewhere, in any of Our Realmes or Dominions, and shal be there registred, et shall not be removed from Our said Cus tome house, untill it shall bee there first tryed, sealed, and marked, by such person, or persons, et with such scale or marke, as We shall thereunto assigne and appoint; such scale or marke to bee set thereto, without Fee, or other reward whatsoever. And Wee doe further straitly charge and com mand, upon the paines and penalties aforesaid, That all owners of ships, bee carefull to imploy such masters in their ships, or other vessels, from whom they will take good caution, not to offend in the importation of any Tobacco, contrary to this Our Roy all pleasure. And We do further signifie and declare by these presents, that We will require an exact accompt of the master of every ship, or other vessell, that he shall make such diligent, and carefull search, over the mariners and passengers in his ship, or other vessell, that none of them shall conveigh over into these Our Realmes of England, or Ireland, or dominion of Walles, or into any Port, Haven, Creeke, or other parts thereof, any Tobacco, to be imported, contrary to the true intent and meaning of these presents: And that Our Customers, or their deputies, in every Port of these Our Realmes of England, and Ireland, shall, upon oath, examine every Master of a ship, or other vessell, or other Officers and Mariners in the said ship, or vessell, whether they have made search in the said ship or vessell, for Tobacco, and whether any Tobacco bee in the said ship, or vessell, to their knowledge, and whether any Tobacco were laden in the said ship or vessell, and bee taken out thereof, and what is become of the same: And if any Master of a ship, or other vessell, shall wilfully, or negligently permit, or suffer any Tobacco to be imported, or shall otherwise offend, contrary to these presents, every such Master (because it is in his power to prevent the same) shall also be answerable unto Us for his contempt herein, and shall be subject, et lyable to all the paines and penalties aforesaid, as well as if he himselfe had actually and purposely committed the said offence. And whereas We are informed, that some traders in Tobacco, doe use to import Tobacco in forreigne Bottomes; Wee strictly charge and command, that no person whatsoever, either Stranger, Denizen, or naturall borne Subject, presume to import any Tobacco whatsoever, in any forreigne bottome,
40 Royal Proclamations.
at any time hereafter, upon paine of confiscation, not onely of the said Tobacco, but also of the ship, or vessell, wherein the same is so imported, and upon the other paines and penalties aforesaid.
And for the better execution of Our pleasure herein, We doe hereby command all and singuler Customers, Comptrollers, Searchers, Wayters, and other Officers, attending in all, and every the Ports, Creekes, or places of lading or unlading, for the taking, collecting, or receiving of any of our Customes, Subsidies, or Duties, to take notice of this Our pleasure: And We do hereby command, and give power and authoritie unto them, and every of them, from time to time, as well to search any shippe, or other vessell, or bottome, ryding, or lying within any Port, Haven, or Creeke, within their severall charge of attendance, for all Tobacco imported, contrary to the intent of this Our Royall Proclamation; and the same being found, to seize and take to Our use, and also to take notice of the names, and apprehend the bringers in and buyers of the same, to the end they may receive condigne punishment for their offences, upon payne, that every of the said Officers, which shall bee found negligent, remisse or corrupt therein, shall lose his place and entertainement, and undergoe such paines and penalties, as by Our Lawes, or by the censure of Our said Court of Starre-chamber, may be inflicted upon them for the same.
And We doe likewise, will, ordaine, and appoint, that it shall and may bee lawful! , for such person or persons, as shall be thereunto authorized and appointed, by him, or themselves, or his, or their Deputy or Deputies, with a lawfull Officer to search any shippe, or other vessell, and to enter into any shoppe, house, seller, warehouse, or other suspected places, at lawfull and convenient times, and there to search, discover, and find out any Tobacco, imported, uttered, sold, or vented, or to be uttered, sold, or vented, not marked or sealed, as aforesaid, contrary to the true meaning hereof, and all such Tobacco so found, to seize, take away, and dispose of, and the owners thereof, or in whose custodie the same shall be found, to informe and complaine of, to the end they may receive punishment, according to Our pleasure before herein declared.
And further, We doe by these presents, will and require all and singuler Mayors, Sheriffes, Justices of Peace, Bay- liffes, Constables, Headboroughs, Customers, Comptrollers,
1624, September 29. 41
Searchers, Wayters, and all other Our Officers and ministers whatsoever, That they, and every of them, in their severall places and Offices, be diligent and attendant in the execution of this Our Proclamation, and also ayding and assisting unto such person and persons, and his and their Deputies and Assignes, as We shall so, as aforesaid, authorise et appoint,1 as well in any search for discovery of any act, or acts to be performed contrary to the intent of these presents, as other wise, in the doing or executing of any matter or thing, for the accomplishment of this Our Royall command. And further Our will and pleasure is, and Wee doe hereby charge and command Our Atturney generall, for the time being, to in- forme against such persons in Our Court of Starre-chamber, from time to time, whose contempt and disobedience against this Our Royall command, shall merit the censure of that Court, and to prosecute every such information speedily and effectually, untill the same shall bee brought to sentence. And Our pleasure and command is, that all the Tobacco which upon any seizure shall become forfeited, shall bee brought to Our Custome house, next adjoyning to the Port, or place where the same shall be seized, where the seizor thereof shall deliver the same to Our use, and the same shall be forthwith burnt, consumed, and destroyed; but the offendour, before he be discharged, shall pay to the partie, who seized the said Tobacco, the one halfe of the true value thereof: And that such person or persons, whom Wee shall appoint specially by Our Privie Scale, to take care and charge of the execution of Our pleasure in the premisses, shall have the one halfe of all the Fines, to bee imposed upon every offendour against this Our Proclamation, for their encouragement to bee diligent and faithfull, in, and about the performance of that service, We shall so commit unto them.
Given at Our Honour of Hampton Court, the nine and twentieth day of September, in the two and twentieth yeere of Our Reigne of England, France, and Ireland, and of Scot land the eight and fiftieth.
GOD SAVE THE KING.
1 The commission, dated November 9, 1624, appointing Edward Dichfield and five others officers to take charge of the execution of the provisions of this Proclamation, is printed in Rymer's Fcedera, xvii, 633.
42 Royal Proclamations.
Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestic. 1624.
4 PP- folio. There are two issues varying only in set-up. Copies in Antiq., B. M., Canterbury, Dalk., I. T., P. C., and P. R. O.; also in John Carter Brown Library. Entered on Patent Rolls. Printed in Rymer's "F&dera," xvii, 621.
1625, March 2. [Encouraging Growth of Tobacco in Plantations.]
BY THE KING.
A PROCLAMATION FOR THE UTTER PROHIBITING THE IMPORTA TION AND USE OF ALL TOBACCO, WHICH IS NOT OF THE
PROPER GROWTH OF THE COLONIES OF VIRGINIA AND THE SUMMER ISLANDS, OR ONE OF THEM.
Whereas, at the humble suite of Our Commons in Parlia ment, by Our Royall Proclamation, bearing date the nine and twentieth day of September now last past, for the reasons therein contained, We have prohibited the importation and use of all Tobacco, which is not of the proper growth of Our Colonies of Virginia and the Summer Islands, or one of them ; And whereas, upon the humble Petition of many Our loving Subjects, being Planters or Adventurers in those Colonies, and for the support and incouragement of those Plantations (whose prosperous estate We much affect, and shall by all good meanes be alwayes ready to cherish and protect) We have beene contented to tolerate the use of Tobacco, of the growth of those Plantations for a time, untill by more solid Commodities they be able to subsist otherwise, which (as We are informed) they cannot as yet by any meanes doe; And therefore by Our said Proclamation, Wee did thinke fit to give particular directions in many things tending to those ends, and did straitly command the due execution and obser vation thereof, under the penalties therein contained: Now because Wee have beene informed, as well by the humble Certificate of Our Commissioners for Virginia, as by the humble Petition of divers of Our loving Subjects, the Planters and Adventurers of, and in those Colonies, That, notwith standing Our Royall pleasure was so expressly signified, and
1625, March 2. 43
the reasons of State are so plainely laid downe, as might have perswaded every well affected Subject to the due observance thereof; yet divers, out of an inordinate desire of private gaine, have wilfully disobeyed Our commandement herein, and thereby have indeavoured, as much as in them lieth, to destroy so noble a worke as the support of those Plantations, which so much concernes Our Honour, and the honour and profit of Our people.
Wee therefore, being very sensible of this neglect and con tempt, have thought good to renew Our said Proclamation; And doe hereby signifie and declare unto all Our loving Sub jects, and unto all others, Our expresse will and pleasure to be, That Our said former Proclamation, and every clause, prohibition, article and thing therein contained, shall from hencefoorth be duly observed and obeyed, with such altera tions and additions, as are in these presents contained and expressed, upon paine of Our high displeasure, and such penalties and punishments, as in Our said former Proclama tion are, or in these presents shall be limited or appointed for the offenders thereof.
And whereas some have since Our said last Proclamation, unmerchantlike, secretly and cunningly stollen in great parcels of Tobacco, contrary to Our said Proclamation; Wee would have those persons, and all others by their example know, That they must expect the severitie of that censure, which Our Court of Starre- Chamber shall thinke fit to inflict upon them, and that Wee are resolved not to relent or remit their deserved punishment, but to cause them and all others, that shall dare to offend herein, to bee prosecuted and pun ished in such measure, as such their high contempt doth deserve.
And because We conceived it would be utterly in vaine to prohibite the importation of such forreine Tobacco, as aforesaid, unlesse the care and charge of the execution thereof were committed by Us, to some fit and able persons, who besides the respect to Our service, might for their owne particular interests take the same to heart; Therefore We have by Our Letters Patents under Our great Scale of Eng land, authorized certaine persons, Citizens of London, well affected to those plantations, and to Our service, by them selves, and their Deputies, to search and inquire into the offences, and offenders against Our said Proclamation: And Wee have also contracted with them to bee Our Agents for
44 Royal Proclamations.
Us, and to Our use to receive the Tobacco of those Colonies, at, and for such prices as Wee have agreed to give for the same; and besides those prices, to bee given to the Planters and owners of the said Tobacco, Our said Agents have further contracted with Us, to give and pay unto Us, and to Our use, such summes of money more, as may give Us reasonable satisfaction for that losse, which otherwise Wee should sus- taine in Our Customes and other Dueties, and may inable Us to beare that charge, which Wee have undertaken yeerely to disburse for the generall defence and support of those Plan tations. And We doe further by this Our Proclamation pub lish and declare, that We will constantly and inviolably observe and performe Our said contract, and on Our parts, will allow and disburse out of Our revenew, those summes of money for the safety of those Plantations, and for the ease of the Planters and Inhabitants there, which by the said con tract hath beene on Our parts undertaken; whereof We would have, aswell Our said Agents, as the Planters and Adven turers in those Colonies, and all other whom it may concerne, to rest confidently assured.
And because Wee are given to understand,' that divers using to trade in Tobacco, and having a purpose to import, or buy, or sell the same, contrary to the intent of this Our Proclamation, doe usually land the same at private Wharffes, Staires, or other places, and send, or conveigh the same unto the Houses, Cellers, Warehouses, or other places, of, or belong ing to others, who are lesse suspected then themselves, there by to conceale the same from Us, and Our Agents; Wee further will and command, That from hencefoorth no person whatsoever, presume, or suffer the said prohibited Tobacco to bee landed at any Wharffe, Staire, or other place, nor receive, or conceale any such prohibited Tobacco, or suffer the same to be bestowed in any of their Houses, Cellers, Warehouses, or other places, upon paine of Our high dis pleasure, and upon such paines and penalties, as by this, or Our former Proclamation, are to be inflicted upon the prin- cipall offenders, And to the intent that all the prohibited Tobacco brought in, shall be justly and truely exported againe, et no part thereof sold, or vented within these Our Kingdomes; Our will and command is, That all the pro hibited Tobacco which shall be seized within Our Kingdome of England, shall be brought and delivered into the Ware house, or Storehouse which shall be to that purpose provided
1 62 5, March 2. 45
by the said Agents, in Our city of London; and all the pro hibited Tobacco, which shall be seized within Our Kingdome of Ireland, shall bee brought and delivered into the Ware houses, or Storehouses which shall to that purpose bee ap pointed by Our Agents in Our city of Dublin, or elsewhere within Our said Kingdome of Ireland.
And for the incouragement of those, who shall take paines in the discovery and seizing thereof, Our will and pleasure is That the one halfe of the reasonable value thereof, shall bee paid unto the seizers thereof in money by Our Agents, et the Tobacco it selfe shall be exported againe by Our said Agents, or by their appointments : And for the better execution of Our service herein, We doe hereby give full power and authority, as well to Our Agent and Agents, as to their Deputy and Deputies, at all time and times, to enter into, and to search for any prohibited Tobacco, contrary to this Our Proclama tion, in any Ship, Boate, or vessell, or in any House, Ship, Celler, Seller, Warehouse, or in any Trunke, Chest, Case, Barrell, or Pack, Cabbin, or any other suspected place what soever, and finding any such prohibited Tobacco, the same to seizeand cary away, to be conveyed to such place or Warehouse, as Our said Agent shall appoint for that purpose, as aforesaid.
And Our expresse will and command is, That neither Our said Agents, nor any others, doe sell, or utter any part of the said prohibited Tobacco, within any Our owne Dominions, there to bee spent and used, whereby the vent of the Tobacco of our Colonies aforesaid may any way bee hindred, upon paine of Our heavy displeasure, and such other paines and penalties, as other offenders against this Our Proclamation are liable unto.
And whereas by Our former Proclamation, We did command, that from, et after the five et twentieth day of March, then, and now next ensuing, no person should sell, utter, or offer to put to sale, or use any Tobacco, which is not of the proper growth of the Colonies aforesaid, and before the ende of forty dayes then next ensuing, should transport out of Our said Kingdome, all other Tobacco, then that of the growth of those Colonies; Wee doe now by this Our Proclamation, ratifie and confirme the same, and command, the same to be duely put in execution: And to the ende there may be no evasion used to avoyd the same, Wee doe hereby give full power and com- mandement to Our said Agents, by themselves and their Deputies, at any time, or times after the said five and twen-
46 Royal Proclamations.
tieth day of March now next ensuing, to search for the said prohibited Tobacco, and to take a true and exact note and accompt of the quantity thereof, to the intent that the Owners thereof, before the ende of forty dayes next ensuing after the said five and twentieth day of March, either by themselves, or some other, may export the same by the privity of the said Agents, according to the true intent of this, and of Our said former Proclamation, and at the end of the said forty dayes, may give a just account unto Our said Agents, what is become thereof; et whatsoever Tobacco, which is not of the proper growth of the Plantations aforesaid, shall after the said forty dayes be found in the hands of any person whatsoever, shall bee seized by Our said Agents, or their Deputies to Our use, and the said person or persons having or using the same, shall incurre Our high displeasure, and bee subject to such further paines and penalties, as by Our said Proclamation are to be inflicted upon any other offenders.
And Our further will and command is, that all the Tobacco of the growth of Our Colonies aforesaid, shall be brought to the Custome-house-key of Our port of London, and there be delivered to Our Agents, or their Assignees to Our use, accord ing to Our contract aforesaid, or be kept in Our said Custome- house to bee transported out of Our Dominions; and whatso ever Tobacco of the growth of those Plantations, or either of them, shall not be brought to that Key, and be delivered as aforesaid, or for which there shall not bee good security given to Our Agents, within foureteene dayes after the landing thereof, to export the same as aforesaid, the same shall bee forfeited and seized to Our use by Our Agents or their Deputies, as other prohibited Tobacco, and this to bee duely observed under the paines and penalties aforesaid.
And whereas Wee are given to understand, that divers using to trade in Tobacco, have and still doe secretly and underhand steale into Our Kingdomes the said prohibited Tobacco, and doe so privily hide and conceale the same, that they cannot be easily discovered, nor found out; and doe either by themselves, or others by them to that purpose imployed, carry the same by small quantities to the houses or shops of Our subjects, inhabiting within Our said Kingdomes, and doe sell or prefer the same to bee sold, or else doe secretly and covertly offer to contract for the sale of such prohibited Tobacco; Our will and pleasure is, and Wee doe hereby straitly charge and command all and every Our loving subjects, to
1(525, March 2. 47
whom any the said prohibited Tobacco shall be offered to be sold or contracted for, as aforesaid, that immediately upon the sight of any such prohibited Tobacco, or upon offer to con tract for any such Tobacco, they make stay thereof, and of such person or persons, as shall either profer the same to sell, or shall offer to contract for any the said prohibited Tobacco, and that they and every of them, who shall have the said pro hibited Tobacco so proffered unto them to be sold, as afore said, shall give notice thereof, and charge the next Constable, Head-borough or other Officer, with such person or persons, who shall offer to put the same to sale, upon paine of Our high displeasure, and of such other paines and penalties, as other offenders against this Our Royall Proclamation are liable unto. And Wee doe hereby further charge and com mand all and singuler Constables, Head-boroughs et other Our Officers aforesaid, that they and every of them, upon notice unto them given of any such prohibited Tobacco, as aforesaid, or of any such person and persons so offending, as aforesaid, that they seize the said Tobacco, and detaine all such person and persons so offending as they shal have knowl edge of, untill they have given notice thereof unto Our said Agents or their Deputie or Deputies, and untill by their meanes the person offending may be brought before such Officer as hath power by this Our Proclamation to take sufficient bond for the appearance of such person, in some of Our Courts of justice, to answer for their faults as the same shall deserve.
And for the better finding out and discovery of the offences and offenders against Our former and this Our Proclamation, We are well pleased, and doe hereby require and command, that Our Treasurer, Commissioners for Our Treasury, Chan- cellour and Barons of Our Exchequer now, and for the time being, within Our said Kingdomes of England and Ireland, respectively shall and may award such and so many Com missions, as they shall thinke meet, to be directed to discreet and fit persons in all or any Our Ports, or elsewhere, to en quire of and examine upon oath, or otherwise, all such persons as are, or shall be suspected to have heretofore offended, or which hereafter shall offend against this, or Our former Proc lamation in this behalfe, or any other person or persons what soever, for the finding out and discovery of the said offences and offenders, as is before mentioned; to the end that, as well the importers of such Tobacco as the buyers, sellers, spenders, receivers and concealers thereof, may receive such condigne
48 Royal Proclamations.
punishment by fine or otherwise, for their offences, as by Our Court of Star-chamber, or Court of Exchequer shall be thought fit: And in case such Tobacco shall not, or cannot be taken, or found to bee seized, that then every such offender shall forfeit and pay to the hands of Our Agent or Agents, in this behalfe for Our use, the full value of such Tobacco, as the said offenders heretofore have, or hereafter shall have imported, bought, sold, vented or received, as aforesaid, beside such further punish ment, as shall be fit to be inflicted upon them for their contempt. And Our further will and pleasure is, and We doe hereby declare, That whatsoever Our said Agent or Agents, their Assignee or Assignees, under the hands and scales of the greater number of them, have already done, or shall doe here after against any offender or offenders, in requiring and taking the forfeiture of any Tobacco, or the value thereof so imported or uttered as aforesaid, or in the mitigating or taking any lesse summe then the value of the same of any such offender in the premisses, or otherwise according to the good discretion of Our said Agent or Agents, Wee doe and will from time to time approve and allow of by these presents : And this signification of Our pleasure shall be as well unto Our said Agent or Agents for the time being, as unto all and every such Commissioner and Commissioners which have beene, or shall be imployed, in, or about this Our service, a sufficient warrant and discharge in that behalfe, without any account to be by them, or any of them respectively yeelded to Us, Our Heires or Successors, and without incurring any penalty in the doing or executing of this Our Service and Royall Command.
And forasmuch as heretofore divers great quantities of Tobacco have beene imported into this Realme, under the name or names of sundry poore Mariners, and other, which are not able to pay the value thereof, nor give satisfaction for the same, Our will and pleasure is, the better to avoyd such frauds and deceipts in time to come, That in whatsoever Ship, or other Vessell, any such Tobacco in greater or lesser quanti ties, shall be found or discovered to have beene, or to be so imported, and to be shifted away that seizure thereof cannot, or shal not be made, That then such Mariners, or others, who shall so import or couler the said Tobaccoes, shall not onely be punished, as aforesaid, but that every Master of such Ship or Vessell, wherein such Tobacco shall be so imported or shifted away, as aforesaid, shall forfeit to Us the value of the said Tobacco, and that such Ship or Ships shall be arrested,
1(525, March 2. 49
and stayed by the Officers of every Port, or any of Our Agents, their Deputies or Assignees respectively, untill the said for feiture be duly answered and paid to the hands of Our said Agent or Agents to Our use, or such others as they shall appoint in that behalf e.
And for the better execution of the premisses, Wee doe straitly charge and command all Justices of Peace, Mayors, Sheriffes, Bailifles, Constables, Headboroughs, Tythingmen, Our Warden and Constable of Our Cinque Ports, and all other Our Officers and Ministers, as well of Our Admiralties, as otherwise, and all other Our loving Subjects, to whom it shall or may appertaine, that they and every of them at all times et times hereafter, and from time to time, upon sight of Our Letters Patents, granted to Our said Agents, or of a Deputa tion under the hands et scales of Our Agents, or any three of them, be ayding and assisting to Our said Agent and Agents, and their Deputie and Deputies, and to such Our Com missioners, as shall be from time to time appointed for or about this Our service, And also to be from time to time ayding and assisting to all Our Searchers, Waiters, and to all such other person and persons as shall be authorized by Our said Agent or Agents, or by Our Customers or Farmers of Our Customes, for the searching, seizing, taking, and carying away of all such Tobacco imported, or hereafter to be imported or uttered, or intended to be put to sale contrary to this Our Royall prohibition and command. And if any person or per sons shall bee found, privily or secretly to oppose or animate any others, to contradict or withstand them in the due execu tion of this Our service and Royall command, or to neglect the due execution thereof, That then We do by these presents, straitly charge and command, all and every Our sayd Officers respectively, that every such person and persons shall be apprehended and brought before Our Treasurer, Chancellour of Our Exchequer, or before any the Lords or others of Our Privy Councell, or before Our chiefe Baron, or some other of the Barons of Our Exchequer for the time being, to receive such order for condigne punishment to be inflicted upon them according to their demerits, as shall be fit.
Given at Our Court at Theobalds, the second day of March, in the two and twentieth yeere of Our Reigne of Great Britaine, France, and Ireland.
GOD SAVE THE KING.
50 Royal Proclamations.
Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestic.
M.DC.XXIIII.
4 pp. folio. Copies in Antiq., B. M., Dalk., P. R. 0., and Q. C. En tered on Patent Rolls. Printed in Ry frier's " Foedera" xvii, 668.
1625, April 9. [Importation of Tobacco.]
BY THE KING.
A PROCLAMATION TOUCHING TOBACCO.
Whereas Our most deare Father, of blessed memorie, deceased, for many weighty and important Reasons of State, and at the humble suit of His Commons in Parliament, did lately publish two severall Proclamations, the one dated the nine and twentieth day of September, now last past, and the other the second of March following, for the utter prohibiting of the importation, and use of all Tobacco, which is not of the proper growth of the Colonies of Virginia and the Sommer Islands, or one of them, with such Cautions, and under such Paines and Penalties, as are in those Proclamations at large expressed :
Wee, tendring the prosperity of those Colonies and Planta tions, and holding it to bee a matter of great consequence unto Us, and to the honour of Our Crowne, not to desert, or neglect those Colonies, whereof the foundations, with hope- full successe, have been so happily layd by Our Father, beeing given to understand, that divers persons intending onely their private gaine, and neglecting all considerations of the publique, in this short time, whilest Wee have been necessarily taken up in ordering of the great affaires of Our Kingdomes and State, have taken the boldnesse, secretly, and by stealth, to import and utter great quantities of To bacco, which is not of the growth of the Plantations afore said, to the utter destruction of those Plantations, as much as in them lieth; Wee have thought fit, for the preventing
1625, April p. 51
of those inconveniences, which may otherwise ensue, to the irrecoverable dammage of those Plantations, and of Our service, to publish and declare Our Royall pleasure for the present, touching the premisses, untill upon more mature deliberation Wee shall see cause to alter, or adde unto the same, in any part.
And Wee doe therefore straitly charge and command, that no person whatsoever, of what degree or qualitie soever, doe at any time hereafter, either directly or indirectly, import, buy, sell, or utter, plant, cherish, or use, or cause to bee imported, sold, or uttered, cherished, planted, or used, in Our Realmes of England, or Ireland, or Dominion of Wales, or in any Isles or places thereunto belonging any Tobacco, of any sort whatsoever, which is not of the proper growth of the said Colonies, or one of them; And that no person whatsoever, by any shift or device whatsoever, doe receive, or conceale, or colour the Tobacco of any other, so imported, planted, bought, sold, uttered, or used within Our sayd Realmes, or Dominions, or the Isles or places aforesaid, or any part thereof, upon paine of forfeiture unto Us, of all such Tobacco so to be imported, bought, sold, planted, uttered, or used, contrary to the true meaning of these presents, in whose hands soever the same shall be found, and upon such further paines and penalties, as by the Lawes and Statutes of these Our Realms, or by the Censure of Our Courts of Star-Chamber, in either of Our said Kingdomes respectively, can or may be inflicted upon the offenders, for contempt of tlu's Our Royall Command; and to be reputed and taken as enemies to Our proceedings, and to those Plantations, which so much concerne Our honour, and the honour and profit of Our State.
And Our further will and command is, that all the forreigne Tobacco, of what sort soever, which is not of the proper growth of those Plantations, or one of them, shall before the fourth day of May, now next ensuing, bee transported out of Our Realmes and Dominions, as by the sayd former Proc lamations it was directed and commanded, upon paine of forfeiture thereof, and upon the other paines and penalties aforesayd to be inflicted upon the offenders.
And Our pleasure is, That all such forreigne Tobacco may bee freely exported by any person whatsoever, without pay ing to Us, or to Our use, any Subsidie, or other duetie for the same.
52 Royal Proclamations.
Given at Our Court at White-Hall, this ninth day of April, in the first yeere of Our Reigne of Great Britaine, France, and Ireland.
GOD SAVE THE KING.
Printed at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestic. M.DC.XXV.
2 pp. folio. Copies in Antiq., B. M., Crawf., I. T., P. C., and P. R. 0. Entered on Patent Rolls. Printed in Rymer's "Fcedera" xviii, 19.
1625, May 13.
[Settling the Affairs of Virginia.]
BY THE KING.
A PROCLAMATION FOR SETLING THE PLANTATION OF VIRGINIA.
Whereas the Colonie of Virginia, Planted by the hands of Our most deare Father of blessed memory, for the propa gation of Christian Religion, the increase of Trade, and the enlarging of his Royall Empire, hath not hitherto prospered so happily, as was hoped and desired, A great occasion whereof his late Majesty conceived to be, for that the government of that Colony was committed to the Company of Virginia, encorporated of a multitude of persons of severall dispositions, amongst whom the affaires of greatest moment were, and must be ruled by the greater number of Votes and Voyces; And therefore his late Majestic, out of His great Wisedome, and depth of Judgement, did desire to resume that popular government, and accordingly the Letters Patents of that Incorporation, were by his Highnesse direction in a Legall course questioned, and thereupon judicially repealed, and adjudged to bee voyde1; wherein his Majesties ayme was onely, to reduce that government into such a right course,, as might best agree with that forme which was held in the rest of his Royall Monarchy, and was not intended by him, to take away, or impeach the particular Interest of any
1 For the proceedings whereby the patent was overthrown by the quo war- ranio, June 26, 1624, see Brown, First Republic in America, p. 601.
, May 13. 53
private Planter, or Adventurer, nor to alter the same, other wise then should be of necessity for the good of the publique : And wheras We continue the h'ke care of those Colonies and Plantations, as Our late deare Father did, and upon delib erate advice and consideration, are of the same Judgement that Our said Father was of, for the government of that Colony of Virginia; Now lest the apprehension of former personall differences, which have heretofore happened (the reviving and continuing whereof Wee utterly disallow, and strictly forbid) might distract the mindes of the Planters and Adventurers, or the opinion, that We would neglect those Plantations, might discourage men to goe or send thither, and so hinder the perfecting of that worke, wherein We hold the honor of Our deare Father deceased, and Our owne honour to be deeply engaged; We have thought fit to declare, and by Our Royal Proclamation to publish Our owne Judge ment, and resolution in these things, which by Gods assist ance Wee purpose constantly to pursue. And therefore Wee doe by these presents publish and declare to all Our loving Subjects, and to the whole world, that Wee hold those Ter ritories of Virginia and the Sommer-Ilands, as also that of New England, where Our Colonies are already planted, and within the limits and bounds whereof, Our late deare Father, by His Letters Patents, under His great Seale of England, remaining of Record, hath given leave and liberty to His Subjects to plant and inhabite, to be a part of Our Royall Empire, descended upon Us and undoubtedly belonging and appertaining unto Us; And that We hold Ourselfe, as well bound by Our Regal office, to protect, maintaine, and support the same, and are so resolved to doe, as any other part of Our Dominions:
And that Our full resolution is, to the end that there may be one uniforme course of Government, in, and through Our whole Monarchic, That the Government of the Colonie of Virginia shall immediately depend upon Our Selfe, and not be committed to any Company or Corporation, to whom it may be proper to trust matters of Trade and Commerce, but cannot bee fit or safe to communicate the ordering of State- affaires, be they of never so meane consequence: And that therefore Wee have determined, That Our Commissioners for those Affaires, shall proceed according to the tenor of Our Commission directed unto them, untill Wee shall declare Our further pleasure therein. Neverthelesse We doe herby de-
54 Royal Proclamations.
clare, That Wee are resolved, with as much convenient expe dition, as Our Affaires of greater importance will give leave, to establish a Councell, consisting of a few persons of under standing and qualitie, to whom We will give trust for the immediate care of the Affaires of that Colony, and who shall be answerable to Us for their proceedings, and in matters of greater moment, shall be subordinate and attendant unto Our Privie Councell heere ; And that We will also establish another Councell to be resident in Virginia, who shall be subordinate to Our Councell here for that Colonie; and that at Our owne charge we will maintaine those publique Officers and Ministers, and that strength of Men, Munition, and Fortification, as shall be fit and necessary for the defence of that Plantation, and will by any course that shall be desired of Us, settle and assure the particular rights and interests of every Planter and Adventurer, in any of those Territories, which shall desire the same, to give them full satisfaction for their quiet and assured enjoying thereof.
And lastly, whereas it is agreed on all sides, that the To bacco of those plantations of Virginia and the Sommer Islands (Jwhich is the onely present meanes for their subsisting) cannot be managed for the good of the Plantations, unlesse it be brought into one hand, whereby the forreigne Tobacco may be carefully kept out, and the Tobacco of those Plantations may yeeld a certaine and ready price to the owners thereof; Wee doe hereby declare, That to avoid all differences and con trariety of opinions, which will hardly be reconciled amongst the Planters and Adventurers themselves, We are resolved to take the same into Our owne hands, and by Our servants or Agents for Us, to give such prices to the Planters and Adventurers for the same, as may give them reasonable satis faction and encouragement; but of the maner thereof, Vvee will determine hereafter at better leisure : And when We shall have concluded the same, We shall expect, that all Our loving Subjects will readily conforme themselves thereunto.
And in the meanetime, because the importation and use of forreigne Tobacco, which is not of the growth of those Planta tions, or one of them, will visibly and assuredly undermine and destroy those Plantations, by taking away the meanes of their subsistence, We doe hereby strictly charge and command, That Our late Proclamation, bearing date the ninth day of April last, intituled, (A Proclamation touching Tobacco) shall in all points and parts thereof, be duely and strictly observed,
j February 17. 55
upon p?aine of Our high displeasure, and such further penalties and punishments, as by the sayd Proclamation are to be in flicted upon the offenders. And We doe hereby advise all Our loving Subjects, and all others whom it may concerne, not to adventure the breach of our Royall Commandement in any of the premisses, We being fully resolved, upon no im- portunitie or intercession whatsoever, to release or remit the deserved punishment of such, as shall dare to offend against the same, seeing We holde not Our Selfe onely, but Our people interested therein.
Given at Our Court at White-Hall, the thirteenth day of May, in the first yeere of Our Reigne of Great Britaine, France, and Ireland.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton, and John Bill, Printers to the Kings most Excellent Majestie. Anno Dom. M.DC.XXV.
2 pp. folio. There are two issues, varying only in the cut of the royal arms. Copies in Antiq., B. M., Crawf., I. T., P. C., and P. R. 0.^ En tered on Patent Rolls. Printed in Rymer's " Foedera" xviii, 72.
1627, February 17. [Importation of Tobacco.]
BY THE KING.
A PROCLAMATION TOUCHING TOBACCO.
Whereas Our most deare Father, of blessed memory, de ceased, for many weighty and important reasons of State, and at the humble suit of his Commons in Parliament, did hereto fore publish two severall Proclamations, the one bearing date the nine and twentieth day of September, in the two et twen tieth yeere of His Highnesse Reigne of England, France, and Ireland, and of Scotland the eight and fiftieth, and the other the second day of March then next following, by both of them utterly prohibiting the importation et use of all Tobacco, which is not of the proper growth of the Colonies of Virginia, and the Summer-Hands, or one of them, with such Cautions and under
56 Royal Proclamations.
such Paines and Penalties, as are in those Proclamations at large expressed.
And whereas Our sayd Father by another Proclamation bearing date the thirtieth day of December, in the seventeenth yeere of His Highnesse Reigne of England, did straitly charge all and every person or persons, of what degree or condition soever, that they should not from the second day of February then next following, presume to Sowe, Set, or Plant, or cause to be sowen, set, or planted within this Realme of England or Dominion of Wales any sort or kinde of Tobacco whatsoever, and that they, or any of them should not maintaine and con tinue any old Stockes or Plants of Tobacco formerly sowen or planted, but should foorthwith destroy and roote up the same.
And whereas We, rinding the said Proclamations to be grounded upon many weighty reasons and considerations, did since Our Accesse to Our Crowne, by Our Proclamation lately published, renew and confirme the said former prohibitions: Never thelesse, because the immoderate desire of taking of Tobacco hath so farre prevailed in these Our Kingdomes, as that it cannot on a sodaine bee utterly suppressed, and the difference, or, at least, the opinion of difference betweene Spanish or forreine Tobacco, and Tobacco of the Plantations of Virginia, and of Our owne Dominions, is such, that Our Subjects can hardly be induced totally to forsake the Spanish Tobacco; whereby it commeth to passe, That where Wee were willing to have suffered losse in Our Customes, so as the said forreigne Tobacco might have been kept out, the same is secretly, and by stealth brought in in great quantities, and many great quantities of Tobacco are set and so wenwithin this Our Realme of England and Dominion of Wales, and so the mischiefe, intended to be redressed, is not avoided, and yet Our Revenue in Our Customes is much diminished.
Wee therefore, taking into Our Princely consideration, as wel the present estate of these times, and how many impor tant necessities doe at this instant presse Us, that by all good meanes Wee should husband Our Revenue to the best, and also considering the many inconveniencies which doe and will arise, both to Our selves and to Our Subjects, by the secret importation of Spanish Tobacco, and planting of English Tobacco, whereby divers of Our Subjects have taken liberty to themselves, for the desire of private gaine, without respect to the publique, to make such frequent sale of the same, as
1627, February 17. 57
that thereby not onely Our Plantations abroad are much hindered, but Our Customes also are much impayred, Wee have thought fit, by the advice of Our Commissioners for Our Revenue, as Our first part of proceeding concerning Tobacco, to restraine wholly the planting of Tobacco within these Our Realmes, or any the lies thereto belonging, and to forbid the importation of forreine Tobacco. And yet to give way to the infirmitie of Our Subjects for the present, by the allowing the importation of some smal quantity of Spanish or forreine Tobacco, not being of the growth of the Eng ish Plantations, not exceeding the quantitie of fiftie thousand weight in any one yeere to bee brought in by Our owne Commissioners onely, and to Our owne particular use onely, and not otherwise.1
And to the end that the extraordinary liberty now taken, may be restrained, the said Colonies or plantations not hindered, nor Our Selfe deceived in Our Customes, Wee have likewise by the advice aforesaid, thought it requisite, to imploy some persons of trust and qualitie to be Our Commissioners in this Service, to, and for Our owne proper use, and upon accompt to be given to Us for the same.
Wee doe therefore hereby publish and declare Our Royall will and pleasure, that, notwithstanding the severall Procla mations before mentioned, We are well contented to give way to the importation and sale of so much Spanish and forreine Tobacco, as shall not exceede the quantitie of fifty thousand weight in any one yeere, as aforesaid, and that the same shall bee Our owne Merchandise arid Commodity, and be managed and disposed of by Our owne Commissioners, or such as they shall appoint for Our use, and not otherwise.
And, because that no man shall presume, by colour of this Our Licence or toleration, to import any other, or greater quantity of Spanish or forreine Tobacco, nor utter or put the same to sale, to the prejudice of Our Service hereby espe cially intended, and to the overthrow of Our Colonies and Plantations abroad, Wee doe hereby straitly charge and com mand, that no man other then Our owne Commissioners, for Our owne proper use, presume to import any forreine Tobacco into Our Realmes of England or Ireland, or any parts thereof.
1 In a commission issued to Sir John Wolstenholme and ten others to execute the regulations regarding the importation of tobacco, dated January 31, 1627, this provision as to Spanish tobacco had been inserted. (Printed in Rymer's Foedera, xviii, 831.).;
58 Royal Proclamations.
And for their better assistance therein, and the prevention of all abuses, Wee have thought fit, and so ordaine, and doe by these presents publish Our Royall pleasure, That all Tobacco that shall from hencefoorth be imported into this Our Realme of England, whether it be Spanish, or of the growth of Vir ginia, the Sommer-Ilands, or the West-Indies, or other adja cent Hands, beeing English Plantations, shall be brought into Our Port of London onely: Also that there shall bee three severall Scales kept by Our Commissioners in some convenient place, where they shall appoint, under three lockes, whereof three of Our Commissioners shall keepe three severall Keyes, wherewith both all such forreine Tobacco, as shall bee so imported, as aforesaid, as also such other Tobacco of the growth of Virginia, and the Sommer-Ilands, and other the sayd Plantations as shall bee imported, shall be sealed, That is to say, for that of Virginia, and the Sommer-Ilands, a Seale engraven with Our Armes, and for that of the other English Plantations, a Seale engraven with a Lion and a Crowne, and for the other forreine Tobacco, a Seale engraven with a broad Arrow and a Portcullice, without paying anything for the seal ing of the Tobacco of Virginia, and Sommer-Ilands, and other the sayd Plantations, but onely what the parties themselves shal thinke fit to allow for the sealers paines, waxe, and threed.
And We doe hereby will et Command, that no person or persons whatsoever, whether Denizen, or Stranger, or borne within any of Our Realmes or Dominions, doe presume, attempt, or go about to counterfeit the said Scales, or any of them, and that no person or persons whatsoever, other then Our Commissioners, their deputy or deputies, do presume, attempt, or go about to import any Spanish or forraine To bacco whatsoever, or to buy, utter, or sell any Tobacco, of what sort soever, but such as the Roule thereof shall bee sealed with one of the Scales aforesaid, or to import any other, or greater quantity of Spanish Tobacco, then the said fifty thousand weight onely in any one yeere, or to sowe, set, or plant, or cause to be sowen, set, or planted in any of his, or their grounds, any Tobacco whatsoever, within Our Realmes of England, or Ireland, or Dominion of Wales, or any Isles or places belonging thereto, or permit, or suffer any old stockes formerly set to continue, upon paine of forfeiture unto us, of all such Tobacco as shall be imported, set, sowen, planted, suffered, uttered, or put to sale, contrary to the true meaning
, February 17. 59
of these presents, and to have the same English Tobacco utterly destroyed, in whose hands soever the same shall be found, and upon such further paines, and penalties, as by the Lawes and Statutes of this Our Realme of England, or by the severity, or censure of Our Court of Star-chamber, or by Our Prerogative Royall may be inflicted upon the offenders for their contempt of this Our Royall Command, the one moity of all which fines to be imposed upon any the said offenders, We are graciously pleased shall be bestowed upon the persons that shall inf orme against them for the same ; and that such person or persons as shall discover any planting of Tobacco within Our Realme of England, or other Our Realmes or Dominions, shall have his charges expended in following of Suite against the offenders, allowed out of Our part of the fines to be im posed, besides his moity aforesaid.
And further, that every person or persons, that shall discover the falsifying, or counterfeiting of any the Scales aforesaid, shall have an hundred Crownes for such his dis covery out of Our part o the fine to be imposed for the same, besides the one moity for himselfe, as aforesaid.
And for the better execution of Our will and pleasure, We doe hereby Command, all and singular Customers, Comp trollers, Searchers, Waiters, and other Officers, attending in all, and every, or any of Our Ports, Creekes, or places of lading, or unlading, for the taking, co. lee ting, or receiving of any Our Customes, Subsidies, or other duties, to take notice of this Our pleasure.
And We doe hereby command, and give power and au thority unto Our said Commissioners, a"nd those whom they shall thinke fit to imploy in Our said service, and every, or any of them from time to time, and at all times when they shall thinke fittest, with a Constable, or other officer, for their assistance to search any ship, or other vessell or bottome, riding or lying within any Port, Haven, or Creeke within their severall charge and place of attendance, for all Tobacco, imported contrary to the intent of this Our Proclamation, and the same being found, to seize and take to Our use, as also to take notice of the names, and apprehend the bringers in, and buyers of the same, to the end they may receive condeigne punishment for their offence.
And further, to take special 1 care, that no more of the said Spanish, or other forraine Tobacco, shall be imported, then the said fifty thousand weight onely, in any one yeere, and
60 Royal Proclamations.
that the same be brought into Our Port of London onely, as aforesaid, upon paine that every of the said officers that shall be found negligent, corrupt, or remisse herein, shall lose his place, and entertainement, and undergoe such paines and penalties, as by the Laws, or the censure of Our said Court of Star chamber may be inflicted upon them for the same.
And likewise We doe hereby ordaine, will and appoint, that it shall and may be lawfull, to and for Our said Com missioners, authorised, as aforesaid, to import the said fifty thousand weight of Spanish or other forraine Tobacco, by him, or themselves, or his, or their deputy or deputies with a Constable, or ctlrr officer, for their assistance, to enter into any suspected place or places, at such time or times, as they shall thinke to be most convenient, and there to search, discover, and finde out any Tobacco, imported, uttered, planted, set, sowed, sold or vented, not marked, or sealed, as aforesaid, contrary to the true meaning hereof, and such Tobacco so found to seize, take away, et dispose of et the owners thereof, or in whose custome the same shal be found, to informe, and complaine of, to the end they may receive punishment, according to Our pleasure herein before declared.
And further, We doe by these presents, will and require, all and singular Mayors, Sheriffes, Justices of peace, Bailiffes, Costables, Headboroughs, Customers, Controllers, Searchers, Waiters, and all other Our Officers, and Ministers whatsoever, that they, and every of them, in their severall places and offices, be diligent and attendant in the execution of this Our Proclamation, and also ayding and assisting, to Our said Commissioners thereunto by Us appointed, or to be ap pointed, and to their Deputies, as well in any search for discovery of any act, or acts to bee performed, contrary to the intent of these presents, as otherwise in the doing, or executing of any matter or thing for the accomplishment of this Our Roy all Command.
And lastly, Our will and pleasure is, and We doe hereby, charge and command Our Atturney generall, for the time being, to informe against such persons in Our Court of Star- chamber, or Exchequer-chamber, as the case shall require from time to time, whose contempt and disobedience against this Our Royall Command, shall merit the censure of these Courts.
1627, March 30. 61
Given at Our Court at Whitehall, the seventeenth day of Februarie, in the second yeere of Our Reigne of Great Brit- aine, France, and Ireland.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestic. M.DC.XXVI.
3 PP- f^i°- Copies in Antiq., B. M., Crawf., I. T., P. C., and P. R. 0. Entered on Patent Rolls. Printed in Rymer's " Fozdera," xviii, 848.
1627, March 30. [Sealing of Tobacco.]
BY THE KING.
A PROCLAMATION TOUCHING THE SEALING OF TOBACCO.
Whereas We (by the advice of Our Commissioners for Our Revenue) have resolved to import a quantity of Spanish Tobacco (not exceeding fifty thousand weight in any one yeere) and utterly to prohibite the importation of any other forreine Tobacco, which is not of the growth of Our owne Plantations, and to prohibite also the planting of all Tobacco within these Our Realmes of England and Ireland, and Islands thereto belonging or adjacent, As by Our Proclama tion, dated the seventeenth day of February last (for the reasons therein expressed) it doth at large appeare: Now, because Wee are informed, that it will much conduce to Our Service, and the setling of that businesse, for the preventing of the stealing in of all forreine Tobacco, and discovery of the offendours, and for the clearing of all others, who are not offenders, from future trouble, that all the Tobacco of the growth of Our plantations already imported, shal be sealed by Our Commissioners to that purpose appointed, aswell as that which shal be hereafter imported, in such sort as by our sayd Proclamation is already directed, That so the To bacco of Our Plantations may bee distinguished from the forreine Tobacco, and the Tobacco planted within these Our Realmes, which are prohibited: Our will and command ther-
62 Royal Proclamations.
fore is, and We doe hereby declare et publish Our Royall pleasure to be, That Our said Commissioners appointed by Us for this Service, shal with al covenient speed, Scale all the Tobacco of the growth of Our said Plantations already imported in such sort, as they are directed to Seale that which shall be hereafter imported.
And if any person whatsoever, having any such Tobacco, of the growth of Our said Plantations, or any of them, which shall refuse to have the same Sealed, or which shall not offer the same to be Sealed, as aforesayd, and the same shall here after, at any time after one moneth, from the date hereof, be discovered, that the same shall bee taken and reputed for forreine Tobacco, or for Tobacco of the growth of these Our Realmes, which hath been prohibited, and which they durst not avow the keeping of, and as such Prohibited Tobacco shal be taken, and seized as other prohibited Tobacco, accord ing to the Tenor and true meaning of Our said former Proc lamation, whereof Wee will, that every person, whom it may concerne, do take notice at their perill.
Given at Our Court at White-Hall, the thirtieth day of March, in the third yeere of Our Reigne of Great Britaine, France and Ireland.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton and John Bill, Printers to the Kingsmost Excellent Majestie. M. DC. XXVII.
i p. folio. Copies in Antiq., B. M., Crawf., P. C., and P. R. 0. Entered on Patent Rolls. Printed in Rymer's " Feeder a," xviii, 886.
1627, August 9. [Importation of Tobacco.]
|BY THE KING.
A PROCLAMATION FOR THE ORDERING OF TOBACCO.
The Kings most Excellent Majestie, and His Royall Father of blessed memory, having at severall times and upon severall occasions, published their Proclamations concerning Tobacco,
1627, August p. 63
as well that which hath beene indeavoured to bee planted within this Realme, as that which is of the growth of Virginia and the Sommer Islands, and other English Colonies and Plantations, and also concerning Spanish and other forraigne Tobacco; And finding that the inordinate desire of taking Tobacco, and the immoderate thirst of gaine, by the planting and selling of Tobacco, cannot otherwise be allayed or moder ated; Hath at the last, by the advice of His Privie Counsell, determined upon this finall resolution touching all sorts of Tobacco, in manner following.
First, His Majestic doth heereby declare His Royall Pleasure to be, and doth heereby Will and Command, that no person whatsoever doe at any time hereafter, plant, cherish, or pre serve any Tobacco, within these His Realmes of England or Ireland, or Dominion of Wales, or any the Isles, parts, or places, of, or belonging to them or any of them, and if any bee now planted or growing there, that the same bee presently plucked up and utterly destroyed, by the Owners, Planters, Tenders, or Dressers thereof, and lest they or any of them, should adventure to neglect the performance hereof, His Majestie doeth further straitly charge and command all Constables, Tything-men, Headboroughs, and other Officers within their severall limits and Jurisdictions, carefully and effectually to see the same executed and performed accordingly. And His Majestie doth further Will and Command all Justices of Peace, Mayors, Sheriffes, and other principall Officers in their severall places, within the compasse of their severall Juris dictions and authorities, upon complaint to them made, to cause the same to be duly performed and executed without partialitie, as they and every of them will answere their con tempts in that behalfe at their uttermost perils.
And that the Tobacco of His Majesties own Plantations and Colonies may not bee planted and imported hither with out limitation or measure, or under colour thereof, the To bacco of the growth of Spaine and other forraigne parts, may not be brought into these His Realmes, or sold or uttered heere, to the overthrow of His Colonies abroad, and to the wasting of the wealth and treasure of His Kingdomes at home. His Majesty doeth further Will and straitly Command, that no person whatsoever doe at any time heereafter import any Tobacco of the growth of Spaine, and other forraigne parts out of His owne Dominions, nor sell, utter, or offer to sell, or utter, or otherwise dispose or keepe any such Tobacco, to the
64 Royal Proclamations.
intent to sell or utter the same without His Majesties speciall Commission in that behalfe, upon paine of confiscation and forfeiture thereof, in whose hands soever the same shall be found, and upon such further paines and penalties, as by the Lawes of these His Realmes, or by His Prerogative Royall which in this case He will not admit to be disputed, may be inflicted upon the offenders.
And because such forraigne Tobacco, may not be received and uttered, under the pretence of the Tobacco of the growth of Virginia, the Summer-Hands, and other Colonies and Plan tations, under and within His Majesties owne Dominions, nor the Planters, Owners, or Adventurers, of, and in these Plantations, give themselves over to the planting of Tobacco onely, to make a present returne of profit, and neglect to applie themselves to solide Commodities fit for the establish ing of Colonies, which will utterly destroy these and all other Plantations; His Majestic doth further will and command, that from henceforth no Tobacco of the growth of Virginia, the Summer-Hands, or any other Plantations, or Colonies, of, or within His owne Dominions, bee imported into these his Realmes or Dominions, or any the Ports, Havens, Creekes, or places thereof, without His Majesties especiall licence in that behalfe, under the great Scale of England, and that upon the importation thereof, the same bee delivered into the hands of such Commissioners, for his Majesties owne immediate use, as His Majestic under His great Seale of England shal appoint, at, and for such Prices and Rates to be paid for the same, as shall be reasonable agreed upon, betweene the Owners or Factors of the same, and the Kings Commissioners on His Majesties behalfe, or if they shall not agree thereon, then to be transported againe, and sold elsewhere, upon paine of confiscation and forfeiture thereof, and upon further paines and penalties, a by the Law, or His Majesties Prerogative Royall may be inflicted upon them.
And further His Majestic doth straitly charge and com mand, that no person whatsoever presume to buy any sort of Tobacco, within these Realmes or Dominions, or any Haven, Port, Creeke, or place thereof, of any other person, then of His Majesties Commissioners onely to bee authorised under the great Seale of England, as aforesaid, and after the same shall bee sealed with a Seale to that purpose appointed, and that they, upon the buying thereof, doe expresse the true time when the same was bought, the quantitie and qualitie
, August p. 6$
thereof, in and by a note in writing indented betweene the Buyer and Seller, testifying the same upon the paines and penalties aforesayd.
And if during these times of Hostility, any Tobacco shall bee imported by any of His Majesties owne Shippes, or by the Ships of any of his Subjects, by way of Prize, or Letters of Marque, his further will and pleasure is, that all such Tobacco shall be delivered unto his Majesties Commissioners, at, and for reasonable prices, to bee accomptable therefore to his Majesties use.
And his Majesty doeth hereby straitly charge and com mand, all Customers, Controllers, Searchers, Wayters, and all other Officers, Ministers, of, or belonging to His Customes, And also all Justices of Peace, Mayors, Sheriffes, Constables, and other Our Officers, Ministers and loving Subjects, in their severall places and degrees, to take knowledge of this his Royall pleasure and Commandement, and to bee ayding, helping and assisting to His Majesties Commissioners, and their Deputies, Factors and servants, in all things touching and concerning this His Service, whereof his Majestic is resolved to require a due and strict accompt.
Given at His Majesties Court at Windsore, the ninth day of August in the third yeere of His Reigne of England, Scot land, France, and Ireland.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestic. M.DC.XXVII.
2 pp. folio. Copies in Antiq., B. M., Crawf., I. T., P. C., and P. R. 0.
Entered on Patent Rolls. Printed in Rymer's " Fadera" xviii, 920.
66 Royal Proclamations.
1630, November 24.
[Forbidding Disorderly Trading with the Savages.]
BY THE KING.
A PROCLAMATION FORBIDDING THE DISORDERLY TRADING WITH THE SALVAGES IN NEW ENGLAND IN AMERICA, ESPECIALLY THE FURNISHING OF THE NATIVES IN THOSE AND OTHER PARTS OF AMERICA BY THE ENGLISH WITH WEAPONS, AND HABILIMENTS OF WARRE.
Whereas a Proclamation was heretofore published by Our deare Father King James of blessed memorie, in the twentieth yeere of His Reigne,1 for the better supportation and Reigle- ment of the Plantations within Our Territory of New England in America, whereby, amongst divers other things, the in sufferable abuses committed by divers Interloping and irregu lar Merchants, and disobedient Fishermen and Mariners, were prohibited, who seeking only their present and private profit, did Trade with the Salvages of that Countrey, and to the great prejudice and danger of Our loving Subjects the Planters there, did Barter away to the Salvages, Swords, Pikes, Muskets, Fowling-Pieces, Match, Powder, Shotte, and other Warlike Armes, Weapons, and Munition, and teach them the use thereof, not onely to their owne present ruine (divers of them having been slaughtered by the barbarous people with their owne Weapons formerly sold by them) but also to the great hazard of the lives of the English already, planted there. and to the apparant destruction of that hopeful! Plantation.
Wee, being informed that these abuses are still continued to the indangering of that Plantation,2 and that the like abuses are also practised in other Forreigne Plantations: Out of Our Princely care for the prosperity of these Colonies, which being well governed may be of great use to this Nation, for the reformation and prevention of these and the like enormities for the future.
And to the end that the Royal Grant of Our late Father to the President and Counsell of New England aforesayd, may
1 Refers to proclamation of November 6,
2 The Privy Council, September 29, 1630, had acted upon a petition from Massachusetts and had requested the attorney-general to draw up a proclama tion (see Acts of Privy Council, i, 154, and Cal. State Papers, Colonial, 1574- 1660, p. 120).
1630, November 24. 67
bee maintained and upholden, and that the Planters there, and adventurers thither, may bee encouraged by all good wayes and meanes to proceede in their worthy designes, have thought it fit, and doe hereby straitly charge and command, That none of Our Subjects whatsoever (who are not Adven turers, Inhabiters, or Planters, authorised by Our President and Counsell for New England, according to the sayd Letters Patents) doe presume from hencefoorth to frequent those Coasts to Trade or Trafnque at all with the Native people of those Countreys, or to intermeddle with the Woods, or Grounds of any of the Planters, or English Inhabitants there, otherwise then by the Licence of the sayd President and Counsell, or for the necessary use of their Fishing on those Coasts, in which case of Fishing, or under colour thereof, they are not to use any Trade or Traffique there, nor to challenge any Right to the Soyle there, or the Woods growing or beeing thereon, and especially Wee doe charge and command, that neither any Interlopers, Fisher-men, or Mariners, or any other of Our Subjects whatsoever, being of the said Company of New England or otherwise, doe at any time hereafter dare to Sell, Barter, or any wayes to deliver or convey unto any of the Salvages or Natives of America, where any of Our English Colonies are or shall bee planted, any Weapons or Habili ments of Warre of any kinde whatsoever, or to teach them or any of them the use of Gunnes, or how to make, or amend them, or any thing belonging to them, upon paine of Our high indignation, and the Confiscation, Penalties and For feitures expressed in the said Royall Graunt of Our sayd Father, wherein Wee shall proceede against those who have offended, or shall offend in any of the premisses, in such man ner and measure as the qualitie of their Offences shall deserve. And yet further Wee leave it to the discussion of the said President and Counsell for New England, and to other the Governours and Counsell in any other Forreigne English Colonie in their severall places respectively, to proceede against the Offenders in any the kindes aforesaid, according to the powers already granted unto them, and according to Our Lawes in that behalf e.
Given at Our Court at Whitehall, the foure and twentieth day of November, in the sixt yeere of Our Reigne of Great Britaine, France and Ireland.
GOD SAVE THE KING.
68 Royal Proclamations.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestic : and by the Assignes of John Bill. 1630.
2 pp. folio. Copies in Antiq., Crawf., P. C., and P. R. 0. Entered on Patent Rolls. Printed in Rymer's " Foedera" xix, 210. A photographic fac-simile of this proclamation was printed by the Museum Book Store of London, about 1898.
1631, January 6. [Restricting Importation of Tobacco.]
BY THE KING.
A PROCLAMATION CONCERNING TOBACCO.
Whereas in the Reigne of Our most deare and Royall Father, King James of blessed memory, et since Our accesse to the Crowne, severall Proclamations have been made and published concerning Tobacco, Yet notwithstanding all the care and providence which hath hitherto been used, We finde the unlimited desire of gaine, and the inordinate ap petite of taking Tobacco, hath so farre prevailed, that To bacco hath been continued to bee planted in great quantities, in severall parts of this Our Realme, and a vast proportion of unserviceable Tobacco made and brought from Our Col onies of Virginia, Summer Hands, and other Our Forreigne Plantations, besides an incredible quantity of Brasill and Spanish Tobacco imported hither, and secretly conveyed on Land. And it is now come to passe, That those Our P'or- reigne Plantations, that might become usefull to this King- dome, lingering onely upon Tobacco, are in apparant danger to be utterly ruined, unlesse Wee speedily provide for their subsistence; The bodies and manners of Our people are also in danger to bee corrupted, and the wealth of this Kingdome exhausted by so uselesse a Weede as Tobacco is ; which beeing represented unto Us by the humble Petition of Our loving Subjects the Planters and Adventurers in Virginia, and also by the like humble Petition of the Retailers and Sellers of To bacco in and about Our Cities of London and Westminster, Wee have thought it worthy of Our Princely care, as a matter not only fit for Our profit, et the profit of Our people, but much concerning Us in Our honour and government so to
1 6 31, January 6. 69
regulate the same, and compell due obedience thereto, that Our forreigne Plantations and Colonies may bee supported and encouraged, and they made usefull to this Kingdome, by applying themselves to more solide commodities, that the healths of Our Subjects may be preserved, the wealth of this Kingdome enlarged, and the manners of Our people so or dered and governed, that the world may not justly taxe Us, that these are at once endangered only by the licentious use of Tobacco. And therfore having seriously advised hereof, Wee, by the advice of Our Privie Councell, have now resolved upon, and published these Our Commands fol lowing concerning Tobacco, which Our Royall will and pleasure is, shall be in all things observed upon paine of Our highest displeasure, and of such paines, penalties and punish ments, as by Our Court of Exchequer, and Court of Starre- Chamber, and by any other Courts and ministers of Justice, or by Our Prerogative Royall can be inflicted upon the offen ders.
And first, Our will and Command is, that no person what soever doe at any time hereafter plant, preserve, or maintaine any Tobacco, which is, hath been, or shall be planted in Our Kingdomes of England or Ireland, or Dominion of Wales, or in the Islands of Jersey or Guernesey, but that the same bee utterly displanted and destroyed, and that none presume or adventure to Buy, Sell, or utter any such Tobacco, the same being utterly unwholesome to bee taken.
And further, that no Tobacco whatsoever be from hence- foorth imported into these Our realms, or any Haven, Port, Creeke or place therof, which is, or shal be of the growth of any the parts or places beyond the Seas, belonging to, or under the obedience of any foreine King, Prince, or State whatsoever; But such, and so much thereof onely, as Wee shall specially allow to be imported, untill it shal be fully setled betweene those Forreine Princes and Us, according to those Treaties which are betweene Us, that Our Subjects may not unthriftily vent the solide Commidities of Our owne Kingdomes, and returne the proceed thereof in Smoake.
And further We will and command, that no Tobacco of the growth of any of Our English Plantations in Virginia the Sommer Islands, Caribee Islands, or other Islands or places in America, or the Coasts thereof, be at any time hereafter imported or brought into Our Kingdomes of England or Ireland, or Dominion of Wales, at any Bother Port then at,
70 Royal Proclamations.
or in Our Port of London onely, and the same duely entred in Our Custome-houses there, nor that any greater quantitie thereof bee imported there, then Wee by the advice of Our Privie Councell shall hold fit, and under Our Privie Scale, shall declare to bee competent for the expence of these Our Kingdomes, Wee not thinking it fit to admit of an immeas urable expence of so vaine and needlesse a Commoditie, which ought to bee used as a Drugge onely, and not so vainely and wantonly as an evill habite of late times hath brought it unto.
And these sorts of Tobacco which shall be thus brought from Our owne Colonies, Wee will take present order shall bee well ordered and made up, and so certified to bee, under the hand of the Governour of that place, and when the same shall be brought hither, shall bee againe Searched, Tryed and Sealed, that Our Subjects be not abused by corrupt Tobacco.
And Our expresse Command is, that whatsoever Tobacco shall bee taken, which shall be imported contrary to this Our Proclamation, the same shall be forfeited and confiscate, and by the Officers of that Port or place where it shall bee taken, shall be immediately burnt.
And for the ordering and governing of the expence and use of Tobacco when it shall be imported, Wee, by the advice of Our Privie Councell, shall speedily direct such a course as Wee shall hold fit, which Wee expect shall be also in all things observed.
And Wee straitly charge and Command all Our Customers, Comptrollers, Searchers, and all other the Officers and Min isters of Our Ports, that they and every of them in their severall places, doe carefully and faithfully observe Our Royal Command, in, and concerning the premisses; and if any of them shall be found remisse or negligent therein, or to connive at any such offender, that hee or they shall for such their fault, without any remission be remooved from the place or places of his or their attendance on Our service.
And to the end Our pleasure and Command hereby pub lished, may be the better executed, Wee doe hereby will, re quire and Command, all Maiors, Sheriffes, Justices of peace, Bayliffes, Headboroughs, and other Our Officers and loving Subjects whatsoever, to be aiding and assisting, and so much as in them lyeth, to take care that the premisses herein men tioned, be duly put in execution, as they tender their duetie
1633, October 13. 71
and allegeance to Us, and will answere the contrary at their uttermost perils.1
Given at Our Court at Whitehall the sixt day of January, in the sixt yeere of Our Reigne.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestic: and by the Assignes of John Bill. 1630.
2 pp. folio. Copies in Antiq., B. M., Canterbury, Crawf., and P. C.; also in Va. State Library. Entered on Patent Rolls. Printed in Rymer's " Foedera" xix, 235.
1633, October 13.
[Restricting Sale of Tobacco.]
BY THE KING.
A PROCLAMATION FOR PREVENTING OF THE ABUSES
GROWING BY THE UNORDERED RETAILING OF TOBACCO.
Whereas the Plant or Drugge called Tobacco scarce knowne to this Nation in former times, was in this Age first usually brought into this Realme in small quantity, as Medicine, and so used, and by divers taken as Medicine, but in processe of time, to satisfie the inordinate appetite of a great number of men and women it hath been brought in in great quantity, and taken for wantonnesse and excesse, provoking them to drinking and other inconveniences, to the great impairing of their healths, and depraving of their manners, so that the care which His Majesty hath of his people hath enforced Him to thinke of some meanes for the preventing of the evill conse quence of this immoderate use thereof. And albeit His Majesties dearest father of blessed memorie had given direc tions therein, as well by Proclamation as otherwise, yet those
1 A communication from the Privy Council to the Governor of Virginia, inclosing the proclamation and directing the observance of its regulations, is preserved among,, the records in the Public Record Office. An order from the Council to the farmers and officers of customs, issued at the same time, directs that Spanish tobacco will pay a duty of 2s. per pound, St.Christopher's, Barbadoes, and the adjacent islands i2d. per pound, and Virginia and the Somers Islands gd. per pound. (Cal. State Papers, Colonial, 1574-1660, p. 125). For the various restric tions upon the growth of tobacco in the plantations, see Bruce, Economic History of Virginia, i, 304-309.
72 Royal Proclamations.
waies tooke not so good effect as was desired, for that therein was no restraint of the number of those that should sell To bacco by retaile, nor care taken of the quality of those that should make such sale, but Victuallers, Taverners, Alehouse- keepers, Tapsters, Chamberlaines, Hostlers and others, of the meanest condition have promiscuously used to regrate the same as allurements to other naughtinesse, keeping therein no Assize, to the prejudice of the rest of His Majesties loving Subjects. For repressing therefore of all such excesses and for preventing of future inconvenience, Our Soveraigne Lord the King, by the advice of the Lords and others of His Privie Councell hath resolved to reduce the venting, selling and uttering of Tobacco into some good order, and that none but men of sufficiency, and such as shall bring certificate of their meetnesse, shall hereafter sell or utter any Tobacco by retaile. And to that purpose His Majestic hath lately caused Letters from His Lords, and others of His Privie Councell to bee directed unto the Justices of Peace of the severall Counties of this Kingdome, and Dominion of Wales, and also unto the Maiors, Bailiffes and other chief e Officers of divers Cities and Townes Corporate; Commanding them to certifie in what Townes and places it may bee fit to suffer selling and retailing of Tobacco, and how many in each place were fit to bee licensed to use that Trade. In answere of which Letters, Certificates have beene made from clivers of the Justices of Peace, and from the Maiors, Bailiffes, and other Magistrates of divers Cities and Townes Corporate, who therein have acknowledged the abuses that daily arise by the ungoverned selling and retailing of Tobacco, expressing their desire of reformation.
Whereupon His Majestic by like advice of his Counsell hath caused other Letters to be directed to the Justices and Con servators of the Peace in severall Counties ; thereby declaring in what Townes and places Tobacco shall be permitted to be sold or uttered by Retayle, and hath Commanded the said Justices and Conservators of the Peace, to cause the names of those Townes and places specified in those Letters, to be written and affixed in publique places where the Assises and Sessions of the peace shall be kept, in those Counties, to the end that all His people may take notice that other places are not admitted or allowed for selling or uttering of Tobacco by Retaile. And by Letters directed to the said Maiors, Bay- liffes, and other head Officers of Cities and Townes, His Majes-
> October 13. 73
tie hath given notice unto them of the names of those that are permitted there to sell or deliver Tobacco in that manner, and hath Commanded them to give publique notice in the said Cities and Townes, of the names of those persons that are so admitted to sell or deliver it.
Now our said Sovereigne Lord the King doth straightly prohibite all His people, that after the feast of Candlemas next1 comming after the date of these presents, none of them out of the said Cities or Townes so appointed as aforesaid, or within the said Cities, or Townes, no others but those named as aforesaid, and such as from time to time shall bee permitted in like manner, doe sell or deliver any Tobacco by Retayle, and that none of them that are permitted or allowed in this behalfe, keepe any Taverne, Alehouse, or Victualling, or otherwise sell any distilled or hot Waters, Wine, Ale, Beere, or Cyder in their houses, so long as they shall bee permitted to sell Tobacco by Retayle : And for that the necessities of these times require it, His Majestic doth charge and command all His Subjects to obey these His Ordinances, under the paines to bee inflicted upon contemners of the same, and of His Roy all will and pleasure, being for the good of His people: All which His pleasure is shall bee observed untill Hee shall by His Proclamation, or Letters of His Privie Counsell make other publique signification of His pleasure herein. And Hee doth charge and command all Justices of Peace, and all Maiors, Bayliffes, and head Officers of all His Cities and Townes within His said Kingdome of England, and Dominion of Wales, and all those who are permitted to sell Tobacco by Retaile, that they make diligent enquirie of all those that shall presume to doe against this Command, and from time to time to make certificate of their names, and places of their residence, with the particular of their contempts, to the Lords of His Majesties Privie Councell.
Given at the Court at Whitehall the thirteenth day of October,2 in the ninth yeere of the Reigne of our Sovereigne Lord Charles by the grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, etc.
GOD SAVE THE KING.
1 February 2, 1634.
2 This proclamation is entered in the Privy Council Register under date of August 14 (Acts of Privy Council, i, 191), probably the date of the original draft by the attorney general. Rushworth, in his Historical Collections, ii, 191, lists it under the date of August 13. Rymer's Feeder a assigns to it the date of October 13, as given in the printed proclamation.
74 Royal Proclamations.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestic: and by the Assignes of John Bill. M.DC.XXXIIL
2 pp. folio. There are two issues, -varying only in the cut of the royal arms. Copies in Antiq., Bodl., B. M., Camb., Crawf., Dalk., P. C., P. R. 0., and Q. C. Printed in Rymer's "Fcedera" xix, 474.
1634, March 13. [Requiring Licenses from Tobacconists.]
BY THE KING.
A PROCLAMATION RESTRAINING THE ABUSIVE
VENTING OF TOBACCO.
Whereas the Kings most excellent Majestic being informed of the abuses dayly arising of the ungoverned Selling and Retailing of Tobacco, by his Proclamation lately published, did prohibit all his people, that after the feast of Candlemas, which is now last past, none of them out of certaine Cities and Townes therein specified to have beene appointed, and within those Cities and Townes no other but certaine persons named, as in the said Proclamation is expressed, and such as from time to time as should be permitted, should sell or deliver any Tobacco by Retaile, herein requiring due obedi ence untill his Majestic should make other declaration, as by tne same Proclamation appeareth.
Sithence which, a great number of his Majesties loving subjects have repaired to some Lords, and others of his Majesties Privie Councell, being his Majesties Commissioners appointed to treat with them, and have humbly desired Letters Patents of Licence to sell Tobacco by Retaile, where - unto his Majesties said Commissioners have consented: but because it is both convenient and necessary that the number of those that be Licensed to sell Tobacco by Retaile, and also their names be knowne, that in time convenient notice may be taken from them how much Tobacco in each yeere they Retaile and Vent: that upon knowledge thereof, his Majesty for preventing of the issuing out of the Realme too great a proportion of the Stocke of this Kingdome, may give order for the quantity of Tobacco that shall be yeerely brought
1634, May ig. 75
in: And being resolved that any who from henceforth shall presume to utter or sell Tobacco, not being Licensed, shall severely be proceeded against: For these and for other causes, the King our Soveraigne Lord straightly defendeth and commandeth, that neither such as by pretext of being formerly nominated as meet men to Retaile Tobacco, nor any other from henceforth presume to sell or utter Tobacco by Retaile, untill they shall have obtained his Majesties Licence in that behalfe, any permission or tolleration that may be pretended by the said Proclamation, or any other signification not withstanding, upon such paines of censure in the Court of Star-Chamber and elsewhere, as may be inflicted upon con- temners of his Majesties commands publiquely proclaimed. Wherein his Majestic is pleased, that a part of the Fines set upon the Contemners of this Command, be conferred upon those that give notice of the Offenders, so as they may be brought to judgement.
Given at Our Court at Newmarket, the thirteenth day of March, in the ninth yeere of Our Reigne.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestic: And by the Assignes of John Bill. 1633.
i p. folio. There are two issues, varying only in the cut of the royal arms. Copies in Antiq., B. M., Crawf., Hodg., P. C., and Q. C. Entered on Patent Rolls. Printed in Rymer's " Fasdera" xix, 522.
1634, May 19. [Concerning Tobacco.]
BY THE KING.
A PROCLAMATION CONCERNING TOBACCO.
Whereas in the Reigne of Our late deare Father, and since Our accesse to the Crowne, upon mature deliberation there have been sundry Proclamations published for restraining the landing of Tobacco to certain Ports and Harbours within this Kingdome, and against planting of the same within this
76 Royal Proclamations.
Realme; And for that they have not been put in due execution, divers fraudes and abuses have beene of late invented and put in execution by mixing of Tobacco, not onely with other Tobacco of worse condition, but also with other Materials, falsifying and corrupting the same, to the great hurt and damage of Our people, both in their estates and persons, which growing evill may in some measure bee prevented, if the Tobacco brought into this Our Realme shall be layd or landed onely in one Port and place.
For remedie therefore in that behalf e, and to the end Wee may bee the more truely answered of the Custome, Impost, and other dueties due unto Us for Tobacco brought into this Realme by way of Merchandize, whereof Wee have been sundry times defrauded by landing the same at the pleasures of the Owners: Wee doe hereby publish and declare Our Royall will and pleasure, That no Tobacco bee hereafter landed, or imported to bee landed at any other Porte, then in Our Port of London, and at no other place of the sayd Port then at the Key and Wharfe commonly called the Custome- house Key, scituate in Our Citie of London, and other Port or place for landing of Tobacco Wee doe not admit or allow, but them inhibite.
And Wee doe hereby straitly charge and command all and singular Customers, Comptrollers, Searchers, Waiters and other Officers, attending in all Our Ports, Creekes, or places of lading or unlading, (except Our said Port of London) not to take entries of any Tobacco, nor suffer the same to be taken, landed, or layd on shoare in any other Harbour, Port, Creeke or place within this Kingdome, upon paine that every of the said Officers that shall bee found negligent, corrupt or remisse herein, shall undergoe such paines and penalties, as by the Lawes or Censure of our Court of Starre-chamber may bee inflicted upon them for the same.
And it is Our further will and pleasure, that if any Ship or Barque wherein Tobacco shall be loaden shall arrive at any other Port or place then at Our sayd Port of London, Wee doe hereby give full power and Authoritie to all and every the Customers, Comptrollers, Surveyours, Searchers and Waiters, and every of them there attending, and doe command them to take and arrest the same Tobacco, and forthwith to make Certificate to the Customers of the Port of London, of the Owners name of such Ship or other Vessell, and his place of dwelling, the number and names of the
1634, May ip. 77
Officers, and Mariners in the same, the place from whence the same Tobacco came, with the quantitie of Tobacco that shall bee contained therein.
And also, that Our said Officers, or some of them, shall with all convenient speed cause and procure the Tobacco so by them arrested, to bee carefully transmitted to the said Port of London, to the Customer there, that the same may bee there viewed, and the dueties thereof belonging unto Us, may be duely payed and satisfied, and such further order taken with the same, and with the Owners thereof, as shall be fit.
And whereas notwithstanding former Proclamations pub lished to the contrary, yet Wee are informed, that Tobacco is still planted and sowen in divers parts of Our Realmes of England and Ireland, in contempt of Us and Our Royall Com mands declared to the contrary ; We do therefore hereby againe absolutely prohibit the Planting thereof in Our said King- domes, as also the bringing into the same of any Seed for the increase thereof, from the parts beyond the Seas ; The Tobacco growing in the Northerne and moist Climats being not onely unwholesome for mans body, but the same maketh fertill grounds become for a long space lesse fruitfull, that might otherwise produce Corne, Herbes and Rootes for the suste nance of Our Subjects.
And for the more certaine depressing of the same, We doe hereby straitly command Our Justices of Assize within their severall Circuits, Our Justices of Peace within Our severall Counties of this Kingdome, Maiors, Sheriffes, Bayliffes, and other Our Officers within each Cittie and Towne Corporate, that they at their severall Sittings, Quarter Sessions, and meetings, give the same in charge as an Offence, whereof Wee expect due reformation, requiring a Returne thereof amongst other the grievances of the Countrey in their Presentments, And the names and dwelling places of any Offenders herein, and the qualities of their Offences, to present to the Lords of Our Privie Councel, the then next Tearme after every such Sitting or meeting, to the end the Offenders may bee proceeded against by sentence in Our Court of Starre-chamber, or other wise, as in justice shall be thought fit.
And lastly, We doe by these Presents will and require all and singular Maiors, Sheriffes, Justices of Peace, Bayliffes, Constables, Headboroughes, Customers, Comptrollers, Search ers, Waiters, and all other Our Officers and Ministers whatso-
78 Royal Proclamations.
ever, that they and every of them in their severall places and Offices, be diligent and attendant in the execution of this Our Proclamation, as they will answere the contrary at their uttermost perils.
Given at Our Court at Greenewich, this nineteenth day of May, in the tenth yeere of Our Reigne of England, Scotland, France and Ireland.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestic : And by the Assignes of John Bill. 1634.
2 pp. folio. Copies in Antig., B. M., Crawf., P. C., P. R. 0., and Q. C.
Entered on Patent Rolls. Printed in Rymer's " Feeder a" xix, 553.
1636, May 1 6.
[Limiting Whale-trade to Muscovy Company.]
BY THE KING.
A PROCLAMATION INHIBITING THE IMPORTATION OF
WHALE FINNES, OR WHALE OILE, INTO His MAJESTIES
DOMINIONS BY ANY, BUT THE MUSCOVIA COMPANY.
Whereas Our late deare and Royall Father, of ever blessed memory, King James, by His Proclamation, bearing date the eighteenth day of May, in the seventeenth yeere of His Reigne, for the reasons therein expressed, and for the encouragement of His welbeloved Subjects, the Company of Merchants trad ing for Muscovia, Greenland,1 and the parts adjoyning, com monly called the Muscovia Company, did inhibite the Importa tion of Whale Finnes, into any of His Kingdomes or Dominions, by any persons other then by that Company, and that in their Joynt-stock only, under the penalties therein mentioned; We now being minded to give the like encouragement and assist ance to the said Company, and for the better support of the Fishing-Trade to Greeneland, and the parts adjacent, which by the increase of Navigation conduceth much to the common
1 Spitsbergen, rather than Greenland proper.
1636) May 16. 79
good of Our Kingdome and People, have thought fit to pub lish Our Royall pleasure therein; And therefore We do by these presents straightly Charge, prohibite, and forbid, as well all Aliens and Strangers whatsoever, as Our naturall borne Subjects and Denizens, That they, nor any of them, (other then the said Muscovia Merchants only, and that in their Joynt-stock for the Whale-Fishing;) shall from henceforth directly or indirectly Import or bring any Whale Oyle, or Whale Finnes, (whether the said Finnes be whole, or cut, in what manner soever) into any Our Kingdomes or Dominions, upon Paine of the forfeiture and confiscation of the same; whether they bee found on Board of any Ship, Hoye, Boat, or Bottom, or laid on land in any Ware-house, Store-house, Shop. Cellar, or any other place whatsoever; and upon Paine of Our high Indignation and displeasure, and such other punishments, as by Our Court of Starre-Chamber shall bee thought meet to be inflicted upon them, or any of them, as Contemners of Our Royall Will and Commandment in this behalfe.
And Wee do likewise straightly Charge, prohibite, and for bid, as well all Aliens and Strangers, as Our naturall borne Subjects and Denizens, (other then the said Muscovia Mer chants in their. Joint-stock as aforesaid) that they, nor any of them do presume to Buy, Utter, Sell, Barter, or Contract, for any Whale Oyle, or Whale Finnes, knowing the same to bee Imported into any Our Realmes or Dominions, contrary to Our Will and Pleasure herein declared; wrhether the said Finnes bee whole, or cut as aforesaid, upon Paine of Our high Indignation and displeasure, and such further punishments, as by Our said Court of Starre-Chamber shall bee thought meet to bee inflicted upon such Offendours, as Contemners also of Our Royall Commandments.
And to the end, that Our Pleasure hereby declared may take the better effect; Wee do hereby Charge and Command, all Customers, Collectours, Farmours, Comptrollers, Searchers, Waiters, and all other Our Officers and Ministers whatsoever, in all or any Our Ports, Havens, or Creekes; that they and every of them in their severall places, do carefully attend and see to the due execution hereof; and ii*no wise to permit or suffer any Whale Oile, or Whale Finnes whole, or cut, directly, or indirectly, openly, or covertly, to be brought or imported into any Our Kingdomes or Dominions contrary to Our Royall pleasure herein expressed; or being so imported, that
8o Royal Proclamations.
they do not permit, or suffer the same to be colourably Cus- tomed for other Goods and Merchandise; but that they forth with do seise, and take to Our use all such Whale Finnes, and Whale Oyle as shall bee so Imported, contrary to Our pleasure herein declared, upon Paine to undergo such punishments as shall be thought meet by the Lords of Our Privie Councell.
Neverthelesse, Our intent and meaning is, That the said Muscovia Company in their Joynt-stock only, and none other, shall or may Buy and Sell, Barter, or Contract, for any such Whale Finnes, or Whale Oyle, as being imported contrary to this Our Proclamation, shall be confiscate and seised, and the same being sold by the said Company, may be afterwards bought, contracted for, and used by any other Our Subjects, at their will and pleasure; Any thing herein contained to the contrary notwithstanding.
Given at Our Palace of Westminster, the sixteenth day of May, in the twelfth yeere of Our Reigne.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestic : And by the Assignes of John Bill. 1636.
2 pp. folio. Copies in B. M., Crawf., Guild., and P. C. Entered on Patent Rolls. Printed in Rymer's " Fcedera," xx, 16.
1637, April 30. [Regulating Emigration to America.]
BY THE KING.
A PROCLAMATION AGAINST THE DISORDERLY TRANSPORT ING His MAJESTIES SUBJECTS TO THE PLANTATIONS WITHIN
THE PARTS OF AMERICA.
The Kings most Excellent Majestic being informed that great numbers of His Subjects have bin, and are every yeare transported into those parts of America, which have been granted by Patent to severall persons, and there settle them selves, some of them with their families and whole estates: amongst which numbers there are also many idle and refrac-
, April 30. 81
tory humors, whose onely or principall end is to live as much as they can without the reach of authority: His Majestic having taken the premisses into consideration, is minded to restraine for the time to come such promiscuous and disorderly departing out of the Realme; And doth therefore straitly charge and command all and every the Officers and Ministers of his severall Ports in England, Wales, and Barwick, That they doe not hereafter permit or suffer any persons, being Subsidie men, or of the value of Subsidie men,1 to embarque themselves in any of the said Ports, or the members thereof, for any of the said Plantations, without Licence from His Majesties Commissioners for Plantations first had and ob tained in that behalf e; Nor that they admit to be embarqued any persons under the degree or value of Subsidymen, without an Attestation or Certificate from two Justices of the Peace living next the place where the party last of all, or lately then before dwelt, that