[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 (seeActs of Privy Council, Colonial, i, 23-48;Calendar of State Papers, Colonial, 1574-1660;Dict. of National Biography, xli, 174.)
[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 (seeActs of Privy Council, Colonial, i, 23-48;Calendar of State Papers, Colonial, 1574-1660;Dict. of National Biography, xli, 174.)
[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 stolneprofit 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 contemptin 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.
[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 therates 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 declareOur 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, ridingor 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 againstthis 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 "Fœdera," xvii, 233.
[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 moreand 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.
[1]The third charter to the Virginia Company, granted March 12, 1612, contained four clauses, sections xvi-xix, regarding the conduct of lotteries (Brown'sGenesis of the United States, ii, 552).
[1]The third charter to the Virginia Company, granted March 12, 1612, contained four clauses, sections xvi-xix, regarding the conduct of lotteries (Brown'sGenesis 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 inThree 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].
[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 inThree 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].
[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 thePlanters, 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 "Fœdera," xvii, 416.
[1]The patent of November 3, 1620.
[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 SocietyProceedingsfor April, 1867, p. 59). The proclamation was ordered by the Privy Council on October 23, 1622 (Acts of the Privy Council, Colonial, i, 55).
[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 SocietyProceedingsfor 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."
[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."
[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 havebeene 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, orplanted 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 OurRealme, 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 theColonies 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 "Fœdera," xvii, 621.