[1]The Commons vote, dated May 24, 1624, is in theJournal of the House of Commons, i, 794. The several documents leading up to the issuing of this Proclamation are listed in Kingsbury'sRecords of the Virginia Company, i, 192-200.
[1]The Commons vote, dated May 24, 1624, is in theJournal of the House of Commons, i, 794. The several documents leading up to the issuing of this Proclamation are listed in Kingsbury'sRecords 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'sFœdera, xvii, 633.
[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'sFœdera, xvii, 633.
[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, andthe 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 forUs, 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 providedby 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 twentiethday 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, towhom 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 condignepunishment 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 "Fœdera," xvii, 668.
[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 preventingof 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 "Fœdera," xviii, 19.
[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 anyprivate 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 "Fœdera," xviii, 72.
[1]For the proceedings whereby the patent was overthrown by thequo warranto, June 26, 1624, see Brown,First Republic in America, p. 601.
[1]For the proceedings whereby the patent was overthrown by thequo warranto, June 26, 1624, see Brown,First Republic in America, p. 601.
[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 undersuch 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, asthat 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 theEnglishPlantations, 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 meaningof 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 Ourpart of thefine 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, andthat 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 "Fœdera," xviii, 848.