British Royal Proclamations Relating to America, 1603-1783
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Title: British Royal Proclamations Relating to America, 1603-1783
Author: Great Britain. Sovereign
Editor: Clarence S. Brigham
Release date: July 1, 2014 [eBook #46167]
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*** START OF THE PROJECT GUTENBERG EBOOK BRITISH ROYAL PROCLAMATIONS RELATING TO AMERICA, 1603-1783 ***
TRANSCRIBER'S NOTES
Italic text is denoted by _underscores_.
Bold text is denoted by =equal signs=.
The oe ligature has been expanded to 'oe'.
Superscripts in the text are indicated by ^. For example
y^e, 10^{th}.
Obvious typographical and punctuation errors have been corrected
after careful comparison with other occurrences within the text
and consultation of external sources.
More detail can be found at the end of the book.
_Burt Franklin: Bibliography and Reference Series # 56_
BRITISH ROYAL PROCLAMATIONS
RELATING TO AMERICA
1603-1783
[Illustration: PROCLAMATION OF 1688 (reduced facsimile).]
BRITISH ROYAL PROCLAMATIONS
RELATING TO AMERICA
1603-1783
EDITED BY
CLARENCE S. BRIGHAM, A.M.
_Burt Franklin: Bibliography and Reference Series # 56_
[Illustration]
BURT FRANKLIN
NEW YORK
Published by
BURT FRANKLIN
514 West 113th Street
New York 25, N. Y.
ORIGINALLY PUBLISHED
AMERICAN ANTIQUARIAN SOCIETY--1911
PRINTED IN THE U.S.A.
Introduction.
This volume is the outgrowth of action taken by the Society at its
annual meeting in October, 1906, when a committee 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 Proclamations
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 proclamations 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-general of Canada and the Thanksgiving and Fast-Day
proclamations of the New England governors have all been omitted. They
are documents of another class, and exist in such profusion 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 broadsides, but generally are found only in manuscript
entries, are not included. These are now being printed in the "Acts
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. Distributed 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 proclamations. It remained for Mr.
Robert Steele to compile during the past year, "A Bibliography of Royal
Proclamations, 1485-1714, with an Historical Essay on their Origin and
Use." This work, in two folio volumes, forms volumes five and six of
the Earl of Crawford's splendidly published series, the _Bibliotheca
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 proclamations, that more than a brief allusion to their
method of publication is unnecessary in this place.
Proclamations, during the seventeenth and eighteenth centuries at
least, usually underwent the following routine. They were drawn up
by the Attorney General upon instructions from the Privy Council,
then engrossed on vellum and signed by the King. After having been
printed as broadsides 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 (without 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 2s. 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 Secry^s to
the Councell, &ca.: and 1250 are carryed to the Clerk of the Crown
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
y^e 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, 1d. per sheet
for what he prints at the King's charge which comes to £15 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 distribution 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 delivering of Proclamations. And his Majesty
is graciously pleased to Command that the said Order of the 10th
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 Public Record Office among
the Privy Seal bundles. During the period covered by this volume,
proclamations were generally copied on the backs of the Patent
Rolls, and can be found through the Indexes. The eighteenth century
proclamations were furthermore noted in the Crown Office Docquet Books,
which are in the Public Record Office. Since proclamations 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
_Mercurius 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 depository--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 anything like completeness.
The principal depositories of proclamations have the following
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 considerable 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 proclamations for
American reference and one which is especially 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 proclamations were
examined for this volume, were the Guildhall and 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 consulted.
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. 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, 1.
1606, August 23. Transporting of Women and Children to Foreign
Parts, 3.
1614, September 11. 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.
1638, May 1. 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.
1671, December 22. Concerning the Planters at St. Christophers, 116.
1674, March 11. Recalling Dispensations of Navigation Act, 119.
1674, November 30. Prohibiting African Trade to Plantations, 120.
1675, October 1. For Apprehending Don Philip Hellen, 124.
1675, November 24. Enforcing Navigation Acts, 126.
1676, April 1. Concerning Passes for Ships, 129.
1676, October 27. Suppressing the Rebellion in Virginia, 130.
1681, April 2. Granting Pennsylvania to William Penn, 133.
1685, February 6. Continuing Officers in the Colonies, 135.
1685, April 1. Prohibiting African Trade to Plantations, 137.
1688, January 20. Suppressing Pirates in America, 140.
1688, March 31. Prohibiting General Trading at Hudson's Bay, 143.
1689, February 19. Continuing Officers in the Colonies, 146.
1689, May 7. Declaration of War against France, 147.
1690, July 14. For Apprehending William Penn, 150.
1691, February 5. For Apprehending William Penn, 152.
1700, January 29. For Apprehending Author of Darien Libel, 153.
1701, March 6. For the Apprehension of Pirates, 155.
1702, March 9. Continuing Officers in the Colonies, 159.
1704, June 18. Rates of Foreign Coins in Plantations, 161.
1708, June 26. Encouraging Trade to Newfoundland, 163.
1711, June 23. Establishing Post Office in America, 167.
1714, October 4. Concerning Passes for Ships, 172.
1714, November 22. Continuing Officers in the Colonies, 174.
1717, September 5. For Suppressing Pirates in West Indies, 176.
1718, December 21. For Suppressing Pirates in West Indies, 178.
1722, July 19. Concerning Passes for Ships, 180.
1727, July 5. Continuing Officers in the Colonies, 182.
1729, December 31. Concerning Passes for Ships, 184.
1740, April 9. Encouraging Trade with America, 188.
1740, June 19. Providing for Distribution of Prize Money, 189.
1741, June 18. Regulating Distribution of Prizes, 193.
1741, June 18. Regulating Distribution of Prizes, 195.
1744, March 29. Declaration of War against France, 196.
1744, June 14. Regarding Distribution of Prizes, 200.
1752, June 25. Continuing Officers in Georgia, 201.
1756, May 17. Declaration of War against France, 203.
1759, October 23. Thanksgiving in England for Defeat of
French, 207.
1759, October 23. Thanksgiving in Scotland for Defeat of
French, 208.
1760, October 27. Continuing Officers in the Colonies, 210.
1763, October 7. Establishing New Governments in America, 212.
1764, March 26. Colonizing Granada and other Islands, 218.
1772, August 26. For Apprehending Destroyers of the Gaspee, 224.
1774, December 16. Providing Copper Currency for Virginia, 226.
1775, August 23. For Suppression of Rebellion in America, 228.
1775, December 22. Appointing the Distribution of Prizes, 230.
1776, October 30. Fast Day in England, 234.
1776, October 30. Fast Day in Scotland, 236.
1778, January 23. Fast Day in England, 237.
1778, January 23. Fast Day in Scotland, 239.
1778, September 16. Regarding the Distribution of Prizes, 241.
1779, January 1. Fast Day in England, 246.
1779, January 1. Fast Day in Scotland, 247.
1779, December 13. Fast Day in England, 249.
1779, December 13. Fast Day in Scotland, 250.
1780, December 20. Relations of England to Holland, 252.
1781, January 12. Fast Day in England, 256.
1781, January 12. Fast Day in Scotland, 257.
1782, January 9. Fast Day in England, 259.
1782, January 9. Fast Day in Scotland, 260.
1783, February 14. 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.
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 deceased Queene
Elizabeth, a profitable and necessary Law was made for the repressing
of Rogues, Vagabonds, 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 connivencie 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 Majestie purposing (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,
Bayliffes, Hedboroughs, Constables, and other Officers whatsoever 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 seventeenth day of
September, 1603, in the first yeere of his Highnesse Reigne of England,
France, and Ireland, and of Scotland the seven and thirtieth.
GOD SAVE THE KING.
THE ORDER.[2]
Forasmuch as it hath appeared unto us aswell by our owne viewes in
our travailes in this present Progresse of his Majestie, 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 Majestie 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 conveyed
according to the said Statute, shall bee these Countries and places
following, viz. The New-found Land, the East and West Indies, France,
Germanie, Spaine, and the Low-countries, or any of them.
_T. Buckhurst._ _Lenox._ _Nottingham._
_Suffolke._ _Devonshire._ _Mar._
_Ro. Cecill._ _E. Wotton._ _Jo. Stanhop._
Imprinted at London by Robert Barker, Printer to the Kings most
Excellent Majestie. Anno 1603.
_2 pp. folio. Copies in Antiq., B. M., Crawf., P. R. O., and Q. C.
Entered on Patent Rolls. Printed in Rymer's "Foedera," xvi, 554, and in
Barker's "Booke of Proclamations," p. 44._
FOOTNOTES:
[1] Printed in _Statutes of the Realm_, iv, 899: "An Acte for
punyshment of Rogues Vagabonds and Sturdy Beggars," 39 Eliz. ch. 4.
[2] 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 Whitehall in 1618.
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 Scotland 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:[1]
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 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 conteined, 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 Majestie. 1606.
_1 p. folio. Copies in Antiq., B. M., Crawf., P. R. O., and Q. C.
Entered on Patent Rolls. Printed, in Barker's "Booke of Proclamations,"
p. 133._
FOOTNOTE:
[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. 1021, 1 James I, ch. 4, sec. 7.
1614, September 11.
[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 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 maintenance 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 Muscovia 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 commoditie 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 itselfe: We have
therfore thought fit for the better encouragement of the said Company,
and other Our Subjects, in services of like nature, to prohibite all
Aliens and strangers, and also Our owne subjects, (except the said
Muscovia Merchants, 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 Merchants, and that in their
joynt stocke) 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 shalbe
meet to be inflicted upon the offenders for their contempt in that
behalfe: 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, carefully to attend every one in their
severall dueties, the execution of this Our Royall Proclamation, and
in no wise to permit 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 Majestie. Anno Dom. 1614.
_1 p. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C.
Entered on Patent Rolls._
FOOTNOTES:
[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
Greenland proper.
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 NORTHUMBERLAND, CUMBERLAND, AND WESTMERLAND.
[A long proclamation for the prevention of disorders and outrages
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 granting of licenses to "hostler houses and malsters," that known
malefactors 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 America 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.
* * * * *
Given at Our Pallace of Westminister, the three and twentieth
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
Majestie. Anno M.DC.XVII.
_4 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., 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 SIR 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 Kingdoms: Wherein We did by expresse
limitation and Caution restraine, and forbid them and every of them,
from attempting 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. 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 inhabitants 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 Subjects 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 punishment and coertion of
all such, as shal be convicted and found guilty of so scandalous and
enormous outrages.
Given at Our Mannor 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 Majestie. Anno M.DC.XVIII.
_1 p. folio. Copies in Antiq., B. M., I. T., P. C., P. R. O., and Q. C.
Entered on Patent Rolls. Printed in Rymer's "Foedera," xvii, 92, where
it is dated June 11, 1618._
FOOTNOTE:
[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 sentence of 1603, on October
29, 1618 (_Dictionary of National Biography_, vol. 47, pp. 197-200,
where authorities are cited). Raleigh's commission for undertaking the
voyage, dated August 26, 1616, is printed in Rymer's _Foedera_, xvi,
789.
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 Wansted, 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 welbeloved Subjects, the company of Merchants
trading for Muscovia, Greeneland[2] and the parts adjoyning, commonly
called the Muscovia Company, did straitly and expresly forbid and
prohibit all Aliens and Strangers whatsoever, and also all Our owne
Subjects (others then the sayd Muscovia Merchants, 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 therefore We doe by these
presents straitly charge, prohibit, and forbid, aswell all Alliens and
Strangers whatsoever, as also Our naturall born Subjects and Denizens,
That they nor any of them (other then the sayd Muscovia Merchants, and
that in their joynt stocke onely) shall from hencefoorth directly or
indirectly import, or bring into Our Kingdomes and Dominions, or any of
them, any Whale Finnes, upon paine of forfeiture, 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 Indignation
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 Royall will and commandement in this behalfe.
And Wee doe likewise straitly charge, prohibite and forbid, aswell
all Aliens and Strangers, as Our naturall borne Subjects 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, Farmors, 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 expressed, 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 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 Majestie. 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. O., and Q. C._
FOOTNOTES:
[1] Refers to the proclamation of September 11, 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).
[2] Spitzbergen, rather than Greenland proper.
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
PLEASURE 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
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 necessitie for our Common-weale,
but a superfluous pleasure, necessarie 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 knowledge 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 Commandment. And further, for the better discovering
and suppressing 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 marchantable 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 forthwith 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 Commandment, 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.
_1 p. folio. Copy in Antiq._
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 Seale of England, bearing
Date, at Westmynster 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 Tobacco, of what sort, kind
or growth soever, before the Custome and Impost thereof due, were paid;
and the same Tobacco were viewed, distinguished and sealed by the
Officer or Officers of Us, Our Heires and Successours, in that behalfe
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 seale, 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 considerations
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 Seales, 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, 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, Bailiffes, Constables, Headboroughes, Customers,
Comptrollers, Searchers, Surveyors, Waiters, and all other Officers,
Ministers, and Subjects 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 authorities 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 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 Tobacco 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 Majestie. 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. O., 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 two, more tolerable,
that the same should be imported amongst many other vanities and
superfluities which come from beyond 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 consideration 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 yeeld better and more
solide commodities) Now the said Trading from thence is and will be by
the Plantation within this Realme, choaked and overthrowen.
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 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 diminution 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 commandement, 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 diligently 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 workemen, 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 Recognizances
of good summes to Our use, to appeare in Our Court of Starrechamber,
there to be prosecuted by Our Attourney generall, as contemners of Our
expresse Commandement, 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 obedience.
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. O., and Q. C._
1620, May 15.
[Forbidding Roger North's Expedition to Brazil.]
BY THE KING.
A PROCLAMATION DECLARING HIS MAJESTIES PLEASURE CONCERNING CAPTAINE
ROGER NORTH, AND THOSE WHO ARE GONE FOORTH AS ADVENTURERS WITH HIM.
Whereas Roger North[1] Esquier, with divers others of Our Subjects,
as Adventurers for the intended Plantation and setling of Trade and
Commerce in those parts of the Continent 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 precipitated 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, which 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, Authoritie, jurisdiction, 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 Adventurers, 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 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 Adherents, 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 performe
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 Majestie. Anno Dom. M.DC.XX.
_2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C.
Entered on Patent Rolls. Printed in Rymer's "Foedera," xvii, 215._
FOOTNOTE:
[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, 1574-1660_; _Dict. of
National Biography_, xli, 174.)
1620, May 27.
[Manufacture of Tobacco-pipes.]
BY THE KING.
A PROCLAMATION COMMANDING CONFORMITY TO HIS MAJESTIES 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 intruding upon their Arte, the auncient
Makers have not so well prospered as was desired: For prevention of
which inconveniences, 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 themselves under good
Orders; We did by Our late Charter Incorporate 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
members 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
offendors, 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 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 withstand 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 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 lawfull
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 safelye to keepe to bee disposed of, according to
the tenor of Our sayd Charter.
And lastly, for the full execution of this Our Royall Commandement, 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 Majestie. Anno Dom. M.DC.XX.
_2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C.
Entered on Patent Rolls._
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 degree or condition soever, That they or any of them
by themselves, 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 transport 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
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 and 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 thereunto by Letters Patents under
Our great Seale 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 offendors, 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 offendor 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 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 Tobacco
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 comming, bring the same unto the house commonly
called, The Hawke and Feasant, 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 Seale as by Us shalbe
for that purpose assigned and appointed, without giving any Fee or
allowance for the said Seale 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 Kingdome 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 contemners of Our
Royall 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 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 punishment 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
Seale, to import Tobacco by himselfe 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, Bayliffes, 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 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 Majestie. Anno Dom. M.DC.XX.
_2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C.
Entered on Patent Rolls. Printed in Rymer's "Foedera," 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 barbarous people of those parts to the Christian faith,
did incorporate[1] divers Noblemen, Gentlemen and others, adventurers
in the sayd Plantation, and granted unto them sundry Priviledges 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 forasmuch 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 and more inconvenience, to the hinderance of
multitudes of Our Subjects.[2]
Wee whose care continually waiteth upon the generall welfare 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 advisement, 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 command 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 continuing 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 carefully to see this Our pleasure
executed, and to punish the infringers 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 Majestie. M.DC.XX.
_1 p. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C.; also
John Carter Brown Library._
FOOTNOTES:
[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).
[2] 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; Kingsbury, _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. I., 1907, in which volume are also reproduced a broadside of 1613
issued by the Council for Virginia regarding the drawing of the lottery
and "A Declaration for the certaine time of drawing the great standing
Lottery," printed February 22, 1615 [-16].
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 Royall
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 heeretofore 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
Sea[1]; We cannot but continue Our speciall respect and favour unto
them in their endevours, and exercise Our Royall authority against the
hinderers thereof. Wherefore, having received certaine information of
many and intolerable 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 Ilands, have almost made them unserviceable:
And yet not so contented, by their promiscuous trading, as well
Mariners as Masters with the Savages, have overthrowne the trade and
commerce that before was had, to the great profit of the 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.[2] 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, and to uphold and encourage by all wayes and meanes the
worthy dispositions of the undertakers 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 (otherwise 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 foresayd 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.
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.[3]
GOD SAVE THE KING.
Imprinted at London by Bonham Norton and John Bill, Printers to the
Kings most Excellent Majestie. M.DC.XXII.
_1 p. folio. Copies in Antiq., B. M., Dalk., I. T., P. C., P. R. O.,
and Q. C.; also John Carter Brown Library. Entered on Patent Rolls.
Printed in Rymer's "Foedera," xvii, 416._
FOOTNOTES:
[1] The patent of November 3, 1620.
[2] 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).
[3] 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."
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 Dominions[1]:
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 prohibited 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 approoved 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 beene earnestly
and often importuned by many of Our loving Subjects, Planters and
Adventurers in Virginia, and the Sommer 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 infancie, 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 behalfe.
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 Tobacco, 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 Offendors, 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 concerne 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 persons 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 planted there to continue,
not plucked up and utterly destroyed, 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 Parliament, 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 duetie 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
Realme, or planted, set, or sowen within this Realme, shall before 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 for 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 aforesaid, shall be
confiscate et forfeited unto Us for such their default 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
aforesaid, 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 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 Custome house,
untill it shall bee there first tryed, sealed, and marked, by such
person, or persons, et with such seale or marke, as We shall thereunto
assigne and appoint; such seale or marke to bee set thereto, without
Fee, or other reward whatsoever. And Wee doe further straitly charge
and command, 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 Royall 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, 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 lawfull, 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, Bayliffes, Constables,
Headboroughs, Customers, Comptrollers, 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,[2] as
well in any search for discovery of any act, or acts to be 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 further 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 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 Seale, 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 Scotland the eight and fiftieth.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton and John Bill, Printers to the
Kings most Excellent Majestie. 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
"Foedera," xvii, 621._
FOOTNOTES:
[1] 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.
[2] 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 _Foedera_,
xvii, 633.
1625, March 2.
[Encouraging Growth of Tobacco in Plantations.]
BY THE KING.
A PROCLAMATION FOR THE UTTER PROHIBITING THE IMPORTATION 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 Parliament, 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 observation 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, notwithstanding Our Royall pleasure
was so expressly signified, and 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 contempt,
have thought good to renew Our said Proclamation; And doe hereby
signifie and declare unto all Our loving Subjects, 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 alterations 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 Proclamation 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 punished 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 Seale of England,
authorized certaine persons, Citizens of London, well affected to those
plantations, and to Our service, by themselves, 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 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 sustaine 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 Plantations. And We doe
further by this Our Proclamation publish 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 contract hath beene
on Our parts undertaken; whereof We would have, aswell Our said Agents,
as the Planters and Adventurers 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 belonging to others, who are lesse suspected then
themselves, thereby 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
displeasure, and upon such paines and penalties, as by this, or Our
former Proclamation, are to be inflicted upon the principall 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 prohibited Tobacco which shall be seized within Our Kingdome
of England, shall be brought and delivered into the Warehouse, or
Storehouse which shall be to that purpose provided by the said Agents,
in Our city of London; and all the prohibited Tobacco, which shall be
seized within Our Kingdome of Ireland, shall bee brought and delivered
into the Warehouses, or Storehouses which shall to that purpose bee
appointed 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 Proclamation,
in any Ship, Boate, or vessell, or in any House, Ship, Celler, Soller,
Warehouse, or in any Trunke, Chest, Case, Barrell, or Pack, Cabbin, or
any other suspected place whatsoever, and finding any such prohibited
Tobacco, the same to seize and 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 commandement to Our said Agents, by
themselves and their Deputies, at any time, or times after the said
five and twentieth 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, according to Our contract aforesaid, or be kept
in Our said Custome-house to bee transported out of Our Dominions; and
whatsoever 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 profer 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 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 contract 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 prohibited
Tobacco so proffered unto them to be sold, as aforesaid, 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 command 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 knowledge
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, Chancellour 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 Commissions,
as they shall thinke meet, to be directed to discreet and fit persons
in all or any Our Ports, or elsewhere, to enquire 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 Proclamation in this behalfe, or any other
person or persons whatsoever, 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
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 punishment, 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 seales of the greater number of them, have already done,
or shall doe hereafter 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 quantities, 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, and stayed by the Officers of every Port, or
any of Our Agents, their Deputies or Assignees respectively, untill
the said forfeiture 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 behalfe.
And for the better execution of the premisses, Wee doe straitly charge
and command all Justices of Peace, Mayors, Sheriffes, Bailiffes,
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 Deputation under the hands
et seales 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 Commissioners, 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 persons shall
bee found, privily or secretly to oppose or animate any others, to
contradict or withstand them in the due execution 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.
Imprinted at London by Bonham Norton and John Bill, Printers to the
Kings most Excellent Majestie.
M.DC.XXIIII.
_4 pp. folio. Copies in Antiq., B. M., Dalk., P. R. O., and Q. C.
Entered on Patent Rolls. Printed in Rymer'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 Plantations, 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 hopefull 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 Tobacco, which is not of the growth of the
Plantations aforesaid, to the utter destruction of those Plantations,
as much as in them lieth; Wee have thought fit, for the preventing 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 this 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 Proclamations 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 paying to Us, or to Our use,
any Subsidie, or other duetie for the same.
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 Majestie. M.DC.XXV.
_2 pp. folio. Copies in Antiq., B. M., Crawf., I. T., P. C., and
P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," 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 propagation 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
Majestie, 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 voyde[1]; 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 private Plantor, or Adventurer, nor to alter the same, otherwise
then should be of necessity for the good of the publique: And wheras We
continue the like care of those Colonies and Plantations, as Our late
deare Father did, and upon deliberate 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 Plantors 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 Judgement, and resolution
in these things, which by Gods assistance 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
Territories 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 Monarchie,
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
declare, That Wee are resolved, with as much convenient expedition,
as Our Affaires of greater importance will give leave, to establish a
Councell, consisting of a few persons of understanding 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 Tobacco of
those plantations of Virginia and the Sommer Islands (which 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
contrariety 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 satisfaction and encouragement; but of the maner thereof,
Wee 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 Plantations, 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, upon paine of Our high displeasure, and such
further penalties and punishments, as by the sayd Proclamation are
to be inflicted 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 importunitie 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. O.
Entered on Patent Rolls. Printed in Rymer's "Foedera," xviii, 72._
FOOTNOTE:
[1] For the proceedings whereby the patent was overthrown by the _quo
warranto_, June 26, 1624, see Brown, _First Republic in America_, p.
601.
1627, February 17.
[Importation of Tobacco.]
BY THE KING.
A PROCLAMATION TOUCHING TOBACCO.
Whereas Our most deare Father, of blessed memory, deceased, for
many weighty and important reasons of State, and at the humble suit
of his Commons in Parliament, did heretofore publish two severall
Proclamations, the one bearing date the nine and twentieth day of
September, in the two et twentieth 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-Ilands, or one of them, with such Cautions and under 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 continue any
old Stockes or Plants of Tobacco formerly sowen or planted, but should
foorthwith destroy and roote up the same.
And whereas We, finding 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: Neverthelesse, 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 important 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 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 Iles 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 English 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 Proclamations 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 and 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 especially intended, and to the overthrow of Our
Colonies and Plantations abroad, Wee doe hereby straitly charge and
command, 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. 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 Virginia, the Sommer-Ilands, or the West-Indies, or other
adjacent Ilands, beeing English Plantations, shall be brought into Our
Port of London onely: Also that there shall bee three severall Seales
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 sealing 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 Seales, 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 Tobacco
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 Seales
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 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 informe 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 offendors, allowed
out of Our part of the fines to be imposed, besides his moity aforesaid.
And further, that every person or persons, that shall discover the
falsifying, or counterfeiting of any the Seales aforesaid, shall have
an hundred Crownes for such his discovery out of Our part of 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, Comptrollers, 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, collecting,
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 authority unto Our said
Commissioners, and 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 speciall 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 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 Commissioners, 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 other 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, Cõstables,
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 appointed,
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 Royall 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.
Given at Our Court at Whitehall, the seventeenth day of Februarie, in
the second 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. M.DC.XXVI.
_3 pp. folio. Copies in Antiq., B. M., Crawf., I. T., P. C., and
P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," xviii,
848._
FOOTNOTE:
[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.)
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 Proclamation, 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
offendors, 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 Tobacco 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 therfore 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 cõvenient
speed, Seale 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 hereafter, 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, according to the Tenor and true meaning of
Our said former Proclamation, 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
Kings most Excellent Majestie. M.DC.XXVII.
_1 p. folio. Copies in Antiq., B. M., Crawf., P. C., and P. R. O.
Entered on Patent Rolls. Printed in Rymer's "Foedera," 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, 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 moderated; 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 Majestie 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 preserve 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 Jurisdictions 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 contempts 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 without limitation or measure,
or under colour thereof, the Tobacco 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 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
offendors.
And because such forraigne Tobacco, may not be received and uttered,
under the pretence of the Tobacco of the growth of Virginia, the
Summer-Ilands, and other Colonies and Plantations, 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 establishing of
Colonies, which will utterly destroy these and all other Plantations;
His Majestie doth further will and command, that from henceforth no
Tobacco of the growth of Virginia, the Summer-Ilands, 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 Seale 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 Majestie
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, as by
the Law, or His Majesties Prerogative Royall may be inflicted upon them.
And further His Majestie doth straitly charge and command, 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 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 command, 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 Majestie 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, Scotland, France, and
Ireland.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton and John Bill, Printers to the
Kings most Excellent Majestie. M.DC.XXVII.
_2 pp. folio. Copies in Antiq., B. M., Crawf., I. T., P. C., and
P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," xviii,
920._
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 Reiglement of the Plantations within
Our Territory of New England in America, whereby, amongst divers other
things, the insufferable abuses committed by divers Interloping and
irregular 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
hopefull 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 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 Adventurers,
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 Traffique 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 Habiliments 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 Forfeitures
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 manner 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 behalfe.
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.
Imprinted at London by Robert Barker, Printer to the Kings most
Excellent Majestie: and by the Assignes of John Bill. 1630.
_2 pp. folio. Copies in Antiq., Crawf., P. C., and P. R. O. 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._
FOOTNOTES:
[1] Refers to proclamation of November 6, 1622.
[2] The Privy Council, September 29, 1630, had acted upon a petition
from Massachusetts and had requested the attorney-general to draw up
a proclamation (see _Acts of Privy Council_, i, 154, and _Cal. State
Papers, Colonial, 1574-1660_, p. 120).
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
appetite of taking Tobacco, hath so farre prevailed, that Tobacco 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 Colonies of Virginia, Summer Ilands, 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 Forreigne Plantations, that might
become usefull to this Kingdome, 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 Tobacco 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 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 ordered 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 following 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 punishments, 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 offenders.
And first, Our will and Command is, that no person whatsoever 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 hencefoorth 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 other Port then
at, 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 Seale, shall declare to bee
competent for the expence of these Our Kingdomes, Wee not thinking
it fit to admit of an immeasurable 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 Ministers 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 published, may be the
better executed, Wee doe hereby will, require 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
mentioned, be duly put in execution, as they tender their duetie 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 Majestie: 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._
FOOTNOTE:
[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 2_s._ per pound, St. Christopher's, Barbadoes, and
the adjacent islands 12_d._ per pound, and Virginia and the Somers
Islands 9_d._ per pound. (_Cal. State Papers, Colonial, 1574-1660_, p.
125). For the various restrictions upon the growth of tobacco in the
plantations, see Bruce, _Economic History of Virginia_, i, 304-309.
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 consequence of this immoderate
use thereof. And albeit His Majesties dearest father of blessed
memorie had given directions therein, as well by Proclamation as
otherwise, yet those waies tooke not so good effect as was desired,
for that therein was no restraint of the number of those that should
sell Tobacco 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 Majestie
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 chiefe 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 divers 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 Majestie by like advice of his Counsell hath caused other
Letters to be directed to the Justices and Conservators 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, Bayliffes, and other head Officers of Cities and Townes, His
Majestie 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 next[1] 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 Majestie
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 Royall 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.
Imprinted at London by Robert Barker, Printer to the Kings most
Excellent Majestie: and by the Assignes of John Bill. M.DC.XXXIII.
_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. O., and Q. C. Printed in Rymer's "Foedera," xix, 474._
FOOTNOTES:
[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 _Foedera_ assigns to it the date of October 13, as given
in the printed proclamation.
1634, March 13.
[Requiring Licenses from Tobacconists.]
BY THE KING.
A PROCLAMATION RESTRAINING THE ABUSIVE VENTING OF TOBACCO.
Whereas the Kings most excellent Majestie 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 obedience untill his Majestie
should make other declaration, as by the 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, whereunto 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
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 notwithstanding, upon
such paines of censure in the Court of Star-Chamber and elsewhere, as
may be inflicted upon contemners of his Majesties commands publiquely
proclaimed. Wherein his Majestie 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 Majestie: And by the Assignes of John Bill. 1633.
_1 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 "Foedera," 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 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 behalfe, 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 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 published 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 Commands declared to the contrary; We do therefore
hereby againe absolutely prohibit the Planting thereof in Our said
Kingdomes, 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 sustenance 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 otherwise, 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, Searchers, Waiters, and all
other Our Officers and Ministers whatsoever, that they and every of
them in their severall places and
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