[1]The English forces, soon after the declaration of war against Spain, sailed for the conquest of the Spanish West Indies. After an unsuccessful attack on Hispaniola, they landed at Jamaica and on May 10, 1655, took possession of the island. It now became the cherished plan of Cromwell to settle Jamaica, especially with the colonists of the other plantations in America. Numerous entries regarding Jamaican affairs are to be found in the records of the Council of State during this period. In the Interregnum Entry Book, p. 328, there is an order of October 10, 1655, approving the draft of this particular proclamation (Cal. State Papers, Colonial, 1574-1660, p. 431).
[1]The English forces, soon after the declaration of war against Spain, sailed for the conquest of the Spanish West Indies. After an unsuccessful attack on Hispaniola, they landed at Jamaica and on May 10, 1655, took possession of the island. It now became the cherished plan of Cromwell to settle Jamaica, especially with the colonists of the other plantations in America. Numerous entries regarding Jamaican affairs are to be found in the records of the Council of State during this period. In the Interregnum Entry Book, p. 328, there is an order of October 10, 1655, approving the draft of this particular proclamation (Cal. State Papers, Colonial, 1574-1660, p. 431).
[Limiting Greenland Trade to Muscovy Company.]
BY THE PROTECTOR.
A PROCLAMATION
Declaring the right of the Fellowship and Company of English Merchants for Discovery of New Trades (commonly called the Muscovia Company) To the sole Fishing for Whales upon the Coasts of Green-land and Chery-Island, and for restraining and prohibiting of all others.
Whereas the Discovery of the Island called Chery-Island, and the Continent of Green-land, with the fishing for Whales upon the Seas and Coasts thereof, and of the Islands and places thereto adjacent, (having been made by the Fellowship of English Merchants, for Discovery of New Trades commonly called the Muscovia Company, and at their own great charges and hazards) hath by experience been found to be, and is a very great honour and advantage to this Nation and Commonwealth, aswel in the inlargement of the Dominions and Territories thereof, as also in the advancement and increase of Navigation, and the entring upon and gaining of the Trade of Whale-fishing, whereby great quantities of Whale-Oyl, Whale-Fins and other Commodities are yearly hither imported, to the enriching of this Nation, without the Exportation of any Commodities from hence: And whereas upon consideration of the Premises, and for recompence of the said charge and hazards in the said Discovery, and for the encouragement of the said Company and others in time to come, several Grants and Letters Patents under the Great Seal of England,have been heretofore made and granted to the said Fellowship, and particularly in the Raign of the late King Philip and Queen Mary, by which all main Lands, Isles, Havens, Ports, Creeks and Rivers, by the said Company then discovered or to be after discovered, were forbidden to be traffiqued unto, or visited by any the People of this Nation, without the License of the said Company; which Letters Patents were afterwards confirmed by Act of Parliament in the Eighth year of the Raign of the late Queen Elizabeth, under the penalty of forfeiting the Ships and Goods of any Trading thither without License, and with addition of divers others Priviledges and Liberties unto the said Fellowship and Company. And the late King James, for the further encouragement of the said Company, and preventing others to interrupt, distract or disturb their said Trade-fishing and Discoveries, did, in pursuance of the said Act of Parliament, and the true intent and meaning of the same, by his Letters Patents grant unto the said Fellowship, the sole Trading and Fishing in those Seas and places so discovered by them, And all others were forbidden to fish in those Seas and Coasts, or to sail thither for Trade without License of the said Company. Notwithstanding which, the said Company as We are given to understand, have of late received some disturbance by the interloping and intruding of some persons into the said Whale-fishing, upon those Seas and Coasts of Green-land and Chery-Island, whereupon the said Company having addressed their humble Petition unto Us, And the matter having been by Us referred to the consideration of our Privy Council, and fully heard and debated before a Committee of Our said Council, as well on behalf of the said particular Traders, as also on behalf of the said Fellowship and Company. And the Act of Parliament and the Grants and Charters made to the said Fellowship and Company shewed forth and read, and the whole matter having been fully considered, and thereupon made evident, that such particular fishing for Whales upon those Seas, Harbours and Coasts, by persons separate from the said Company, and trading therein by themselves apart, with like power and strength, did not onely disturb the main Trade of Fishing and taking of Whales by the Company, but did tend to the ruine and destruction of that Fishing, and unless prevented, might occasion Forraigners to come in and gain away that fishing and Trading from this Nation, which might tend to the great damage and dishonour of Us and this Nation, besides theparticular damage of the said Company. And whereas the whole state of the matter having been again represented to Our said Privy Council and by them also fully considered, it was by them conceived to be for the good of this Nation, to encourage the carrying on of the said Whale-fishing and Trade, by the said Fellowship and Company onely, and to forbid all others, except such as the said Company should License, to intrude or meddle therein. And the said Company having further declared, that they appropriating those parts of the said Seas called Bell Sound, and Horn Sound, with such other places as they shall fish in, to themselves onely, were well contented, and do promise to grant Licenses gratis to all and every person of this Nation and Commonwealth, that shall or will but ask or desire to fish for Whales, or Trade in any other of the said Seas, or Coasts of Green-land, or Chery-Island, where they themselves fish not. We therefore taking the Premises into Our consideration (with the advice of Our said Privie Council) Do hereby publish and Declare, That the whole and sole Trade and fishing for Whales, and absolute fishing in and upon the said Seas, Coasts and parts of Green-land,[1]and Chery-Island, and in and upon the said Bell Sound, and Horn Sound, being part of the said Seas and Coasts, doth and ought to belong unto the said Fellowship of English Merchants for discovery of New Trades, commonly called the Muscovia Company, and that no other Person or Persons of this Commonwealth (other then the said Fellowship of English Merchants for discovery of New Trades, called the Muscovia Company) shall fish for Whales in and upon the said Seas, Coasts of Green-land and Chery-Island, or in and upon the said Bell Sound and Horn Sound, being part of the said Seas and Coasts. Yet so, as nevertheless the said Company, upon their own offer and agreement aforesaid, be and shall be, and are hereby obliged to grant License and Licenses, to all and singular the People and Subjects of this Commonwealth, upon request in that behalf to be made (without delay or paying anything for thesame) to fish for Whales, or trade or fish in all or any other parts or places, of the said Seas or Coasts of Greenland and Chery-Island, Except the Harbours and places of Bell Sound and Horn Sound aforesaid, or where the said Company shall set out Ships to fish, And We do hereby command, That all persons whatsoever (other then the said Fellowship and Company) do forbear to enter into the said Bell Sound or Horn Sound, or to fish or trade within Three Leagues of either of them, but clearly and absolutely leave the said Bell Sound and Horn Sound, and all the sole and whole fishing and trading thereof, unto the said Fellowship and Company, and their Ships and Agents, and such as shall be set forth, hired or imployed by them, without making any disturbance or interruption, or giving the said Company or their Ships or Vessels, any impediment or hinderance therein, under pain of Our high displeasure, and such other pains and penalties as by the Laws of this Land may be inflicted upon them for their disobedience and contempt therein, Leaving all other the People and Subjects of this Commonwealth free notwithstanding, to take Licenses from the said Company to trade or fish for Whales or otherwise, in and upon all other of the said Seas, Coasts and places, Except the said Bell Sound and Horn Sound, and such other places of Green-land, as the said Fellowship or their Agents shall fish in, as aforesaid. And We do hereby further will and command, aswel Our Generals at Sea, Admirals of Our Fleet, Vice-Admirals, Commanders of Squadrons, and other Commanders, Captains and Officers whatsoever, of any Our Ships, as also Our Judges of the High Court of Admiralty of England, and all other Our Officers and Ministers, in their several places to be aiding and assisting, unto the said Fellowship and Company, and all such as they shall set out and imploy in their said sole Trade and fishing, and in hindring all others hereby forbidden to use the said Trade and fishing, otherwise then as is before mentioned. And likewise to be aiding and assisting unto the said Fellowship and Company and their said Agents, in doing and executing of all and singular the premises. And lastly, We do hereby charge and Command the said Fellowship and Company, That in all Ships and Vessels which shall from time to time be sent out by them, or imployed under them, into or in the Seas and parts aforesaid, they do imploy for Harpineers, Steersmen and Mariners, the People and Subjects of this Commonwealth, and no other.
Given at Our Palace of Westminster the 9th day of March, in the year of Our Lord, 1657.
London, Printed by Henry Hills and John Field, Printers to His Highness, 1657.
3 pp. folio, pasted together to form one long sheet. Copy in B. M.
[1]This name refers to Spitzbergen, which was then called Greenland, and which was thought by the voyagers of the day to be connected with Greenland proper. The early maps show Spitzbergen, which they term "Greenland or Spitzbergen," with Bell and Horn Sounds on the west coast and Cherie Island, named after Sir Francis Cherie, a few miles to the south. The country was also sometimes called East Greenland, while the modern Greenland was termed "Groenland." See especially the map of 1613 inAmer. Antiquarian Society Transactions, iv, 314; the map in Edward Pelham'sGod's Power and Providence, 1631, reproduced inA Collection of Documents on Spitzbergen and Greenland(Hakluyt Society), 1855; and map no. xiv in H. Moll'sWorld Described, 1708-20.
[1]This name refers to Spitzbergen, which was then called Greenland, and which was thought by the voyagers of the day to be connected with Greenland proper. The early maps show Spitzbergen, which they term "Greenland or Spitzbergen," with Bell and Horn Sounds on the west coast and Cherie Island, named after Sir Francis Cherie, a few miles to the south. The country was also sometimes called East Greenland, while the modern Greenland was termed "Groenland." See especially the map of 1613 inAmer. Antiquarian Society Transactions, iv, 314; the map in Edward Pelham'sGod's Power and Providence, 1631, reproduced inA Collection of Documents on Spitzbergen and Greenland(Hakluyt Society), 1855; and map no. xiv in H. Moll'sWorld Described, 1708-20.
[For Apprehension of Whalley and Goffe.]
BY THE KING.
A PROCLAMATION
For Apprehension of Edward Whalley and William Goffe.
Charles R.
Forasmuch as Edward Whalley, commonly known by the name of Colonel Whalley, and William Goffe, commonly called Colonel Goffe, are, amongst others, by an Act of this present Parliament, Entituled, An Act of Free and General Pardon, Indempnity and Oblivion,[1]wholly excepted from Pardon, and left to be proceeded against as Traytors, for their execrable Treasons in sentencing to death, signing the Instrument for the horrid Murder, or being instrumental in taking away the precious Life of Our late dear Father of Blessed Memory.
And forasmuch as they the said Edward Whalley and William Goffe,[2]having absented and withdrawn themselves, as We have been informed, to the parts beyond the Seas, are now, as We certainly understand, lately returned into Our Kingdom of England, and do privately lurk and obscure themselves in places unknown; We therefore have thought fit, by,and with the Advice of Our Privy Council, to publish the same to all Our loving Subjects, not doubting of their Care and forwardness in their apprehension; And We do hereby Require and Command, as well all and singular Our Judges, Justices of the Peace, Mayors, Sheriffs, Bayliffs, Constables and Headboroughs, as also the Officers and Ministers of our Ports, and other Our Subjects whatsoever, within Our Realms of England, Scotland, Ireland, or Dominion of Wales, and all Our Dominions and Territories, to be diligent in Inquiring, Searching for, Seizing and Apprehending them, the said Edward Whalley, and William Goffe, in all places whatsoever, as wel within Liberties as without, whom if they shall happen to Take and Apprehend Our further Will and pleasure is, That they cause them and either of them so Apprehended, to be safely carried to the next Justice of the Peace, to the place where they or either of them shall be Arrested, whom We straitly Command to Commit them and either of them to Prison, and presently Inform Us or Our Privy Council of their or either of their Apprehensions.
And We do hereby further Declare and Publish, That if any Person or Persons after this Our Proclamation published, shall Directly or Indirectly Conceal, Harbor, Keep, Retain, or Maintain the said Edward Whalley and William Goffe, or either of them, or shall Contrive or Connive at any means whereby they or either of them shall or may Escape from being Taken or Arrested, or shall not use their best Endeavor for their and either of their Apprehensions, as well by giving the Advertisement thereof to Our Officers, as by all other good means; We will (as there is Just Cause) proceed against them that shall so neglect this Our Commandment with all severity.
And lastly We do hereby Declare, That whosoever shall discover the said Edward Whalley or William Goffe, either within Our Kingdoms of England, Scotland, Ireland, or Dominions of Wales, or in any other our Dominions and Territories, or elsewhere, and shall cause them, or either of them, to be Apprehended, and brought in alive or dead, if they or either of them, attempting Resistance, happen to be slain, shall have a Reward of One hundred pounds in money for each of them so brought in, dead or alive, as aforesaid, to be forthwith paid unto him in recompence of such his Service.
Given at Our Court at Whitehall the Two and twentiethday of September, in the Twelfth year of Our Reign.
London, Printed by Christopher Barker and John Bill, Printers to the Kings most Excellent Majesty. 1660.
1 p. folio. Copies in Adv., Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Dubl., Guild., Hodg., P. R. O., Q. C., and T. C. D.; also in N. Y. Public Library. Entered on Patent Rolls. Abstract printed in "Parliamentary Intelligencer," Sept. 24, 1660, and in "Mercurius Publicus," Sept. 27. 1660.
[1]Statutes of the Realm, vol. 5, p. 226, 12 Chas. II, ch. 11.
[1]Statutes of the Realm, vol. 5, p. 226, 12 Chas. II, ch. 11.
[2]Several documents concerning the attempt to apprehend Whalley and Goffe are calendared in theCal. State Papers, Colonial, 1661-1668. See alsoDictionary of National Biographyunder Edward Whalley and William Goffe, and "Memoranda respecting Edward Whalley and William Goffe," by F. B. Dexter, inNew Haven Colony Historical Society Papers, ii, 117.
[2]Several documents concerning the attempt to apprehend Whalley and Goffe are calendared in theCal. State Papers, Colonial, 1661-1668. See alsoDictionary of National Biographyunder Edward Whalley and William Goffe, and "Memoranda respecting Edward Whalley and William Goffe," by F. B. Dexter, inNew Haven Colony Historical Society Papers, ii, 117.
[Prohibiting Planting of Tobacco in England.]
BY THE KING.
A PROCLAMATION
Prohibiting the Planting, Setting and Sowing of Tobacco in England and Ireland, according to an Act of Parliament herein specified.
Charles R.
Whereas by an Act of Parliament made in Our late Parliament begun and held at Westminster in the County of Middlesex, the Five and Twentieth day of April in the Twelfth year of Our Reign, for and upon the reasons and grounds therein expressed, it was Enacted by the Authority of the same Parliament, That no person or persons whatsoever should, or do from and after the First day of January, in the Year of our Lord One thousand six hundred and sixty, Set, plant, improve to grow, make or cure any Tobacco either in Seed, plant or otherwise, in or upon any ground, earth, field, or place within Our Kingdom of England, Dominion of Wales, Islands of Guernsey or Jersey or Town of Berwick upon Tweed, or in Our Kingdome of Ireland, under the penalty of the forfeiture of all such Tobacco, or the value thereof, or of the Sum of Forty shillings for every Rod or Pole of Ground so planted, set or sowen as aforesaid, and so proportionably for a greater or lesser quantity of ground, One moyety thereof to Us Our Heirs and Successors, and the other moyety to him or them that shall sue for the same to be recovered by Bill, Plaint or Information in any Court of Record, wherein no Essoign, protection or wager in Lawshall be allowed: And it was thereby further enacted, That all Sheriffs, Justices of the peace, Mayors, Bailiffs, Constables, and every of them, upon information or complaint made unto them or any of them, by any the Officers of the Customes, or by any other person or persons whatsoever, that there was any Tobacco set, sown, planted, or growing within their jurisdictions or precincts contrary to the same Act should within ten dayes after such information or complaint cause to be burnt, plucked up, consumed, or utterly destroyed all such Tobacco so set, sowen, planted, or growing. And it was thereby further enacted, That in case any person or persons should resist or make forcible opposition against any person or persons in the due and through execution of the same Act, That every such person or persons for every such offence should forfeit the sum of Five pounds to be divided and recovered in manner aforesaid; And in case any person or persons should not pay the summs of money by them to be paid, by vertue of the same Act, that in every such case distress should be made and sale thereof, returning the overplus to the owners; And in case no distress shall be found, that then every such party should be committed to the common Gaol in the County where such offence should be committed, there to remain for the space of two moneths without Bail or Mainprise. Provided always, and it was thereby enacted, That the same Act nor any thing contained therein should extend to the hindering of the planting of Tobacco in any Physick-garden of either University, or in any other private garden for Physick or Chirurgery, only so as the quantity so planted exceed not one half of one pole in any one place or garden, as in et by the same Act it doth and may more fully appear.[1]Now to the end that all Our loving Subjects in all parts of Our said Kingdoms of England and Ireland, and Dominion of Wales, and in the said Islands of Guernsey and Jersey, and in our said Town of Berwick upon Twede, may the better take notice of and more duely observe the said Act, and not ignorantly offend against the same for the future, We have thought good to publish et declare the same to all Our loving Subjects by this Our RoyalProclamation, And do withall likewise signifie and declare, that for the future We shall expect, and do hereby require all dutiful observance thereof, and ready conformity thereunto, and that not onely upon the pains, penalties, and forfeitures therein expressed, but also of Our high indignation and displeasure, justly and deservedly to be inflicted upon all those that shall knowingly and presumptuously offend against so just and reasonable a Law. And we do hereby streightly charge and command all Our Judges of Assise and Commissioners of Oyer and Terminer in their several Circuits, and all Our Justices of Peace in their several and respective Quarter-Sessions, that they give the same Law in charge to the several et respective Juries in their several and respective Inquests before them, to the end that the offences and offenders against the same, both in the setting, planting, or sowing of Tobacco, contrary to the true intent and meaning of the same Act, and also all forcible opposition et resistance made or to be made against any person or persons in the due execution of the same Act, may be punished according to Law and the demerit of their offences in this behalf. And We do further command and require all Sheriffs, Justices of the peace, Mayors, Bayliffs, Constables, and all other Our Officers and ministers whatsoever whom the premisses shall or may concern, that they from time to time as occasion shall require, be diligent, circumspect, and careful in the due execution of the same Act in all things according to the true intent and meaning, thereof, as they will answer the contrary at their perils.
Given at Our Court at Whitehall, the Twenty ninth day of March, in the Thirteenth Year of Our Reign, One thousand six hundred sixty one.
God Save the King.
London, Printed by John Bill, Printer to the King's most Excellent Majesty, 1661. At the King's Printing-House in Black-Friers.
2 pp. folio. Copies in Adv., Antiq., Bodl., B. M., Camb., Crawf., Dalk., Dubl., Guild., P. R. O., Q. C., and T. C. D. Abstract printed in "Kingdomes Intelligencer," April 8, 1661, and in "Mercurius Publicus," April 11, 1661.
[1]This act, entitled "An Act for Prohibiting the Planting Setting or Sowing of Tobaccho in England and Ireland," passed the House of Commons on December 17, 1660 (Commons Journals, viii, 212), the House of Lords on December 20 (Lords Journals, xi, 218), was read in Council on December 21 (Acts of Privy Council, i, 303), and is printed inStatutes of the Realm, 12 Chas. II, ch. 34, vol. 5, p. 297.
[1]This act, entitled "An Act for Prohibiting the Planting Setting or Sowing of Tobaccho in England and Ireland," passed the House of Commons on December 17, 1660 (Commons Journals, viii, 212), the House of Lords on December 20 (Lords Journals, xi, 218), was read in Council on December 21 (Acts of Privy Council, i, 303), and is printed inStatutes of the Realm, 12 Chas. II, ch. 34, vol. 5, p. 297.
[Suppressing Vagrancy.]
BY THE KING.
A PROCLAMATION
For the due Observation of certain Statutes made for the suppressing of Rogues, Vagabonds, Beggers, and other idle disorderly Persons, and for Relief of the Poore.
Charles R.
The Kings most Excellent Majesty being watchful for the publick good of his loving Subjects, and taking notice of the great and unusual resort of Rogues, Vagabonds, Beggers, and other idle Persons of all Ages and Sexes, from all parts of the Nation to the Cities of London and Westminster and the Suburbs of the same, where they make it their trade to beg and live idlely, and to get their living by Begging, Stealing, and other wicked and lewd practises, to the great offence of Almighty God, and to the dishonour of His Majesties Royal Government; And his Majesty taking it into His Princely consideration, that this Realm is furnished with excellent Laws and Orders for redress of such Enormities, yet through negligence of Officers, and presumption of the Offenders, the same nevertheless do rather grow then abate. His Majesty hath therefore thought fit at this present by advice of his Privy Councel, to cause some necessary Laws formerly made for the reforming the Abuses aforesaid, to be duely executed and observed. And for that end, whereas by the Laws of this Land all Vagabonds, Beggers, and idle persons are to be sent to the place of their Birth, or of their last abode, there to be relieved and kept if they be impotent, or otherwise made to labour: His Majestie doth by this Proclamation publish and declare His Royal Pleasure and Commands, that all such Vagabonds, Beggers and Idle persons within the Cities of London and Westminster and the Suburbs of the same, which by Law are not there to be provided for (to the wrong of the native poor, and a burden to the several Parishes where now they are) but that theyforthwith at their Perils depart from the same and speedily resort to the place of their Birth or last abode, that they may be there provided for as they ought to be. And if any such Vagabonds, Beggers, or idle persons shall or may be found within the Cities of London and Westminster, or in any of the Suburbs or Precincts of the same, or in the Borough of Southwark, or in any Town near adjoyning, upon the four and twentieth day of this moneth of May, His Majesty streightly chargeth and commandeth, as well the Lord Mayor, Recorder, Aldermen and Sheriffs of the said City of London, and all other Officers of the said City, and all other His Majesties Justices of the Peace, Magistrates and Officers whatsoever within the City of Westminster, Borough of Southwark, or within the County of Middlesex, to cause all such persons to be apprehended, and openly whipped, and sent away (except such as are willing to go to the English Plantations) And that in all things they do speedily execute, and cause to be put in execution the Statute made in the Thirty ninth yeare of Queene Elizabeth Chap. the 4thconcerning the punishment of Rogues and Vagabonds: And to the end that all such persons may not only be setled and kept from wandring, but also made to labour and so kept from idleness, his Majesty doth streightly charge and command all and singular Sheriffs, Justices of the Peace, and other Officers and Ministers in the several Counties of this Realm, and all Mayors, Sheriffs, Bayliffs, Aldermen and other Magistrates, Officers and Ministers of all other Cities and Towns Corporate, that they and every of them within their several Limits and Jurisdictions respectively do carefully and diligently put in due and speedy Execution the same Statute of the Thirty ninth of Elizabeth, Chapter the Fourth, both for erecting houses of Correction, and for punishing such Vagabonds and idle persons; as also the Statutes of the I. Jacob. Chap. 7. made for the explanation of the said Statute made in the Seventh year of King James Chapter Fourth, for the ordering such houses of Correction. And to the end that not onely sturdy Rogues and Vagabonds may be duely kept from wandering and idleness, and held to labour, but that also poor and Fatherless Children and Widows, the Aged and Impotent may be also carefully provided for and relieved, and not permitted to wander and be in the Streets begging from door to door; It is His Majesties express Charge and Command to all Mayors, Sheriffs, Bayliffs,Justices of the Peace, Magistrates, Officers and Ministers in the several Counties of this Realm, and in all Cities and Towns Corporate, that they diligently and carefully put in execution that excellent Statute made in the Fourty third Year of Elizabeth, Chapter the second, concerning the Overseers of the Poor, and their duty for raising a Stock for maintenance of the Poor, and for binding forth Children Apprentices, which His Majesty commends in an especial manner to their Care: Their neglecting this so great a work, in not carefully providing for poor Fatherless Children and Infants for their teaching and instructing them, and for fitting them for Trades and Services, and in not binding them forth Apprentices; all which neglect is a great cause of poor childrens idleness, wandring, and wickedness in the whole course of their lives; And to the end that convenient Stocks may be raised in all Parishes, especially for the ends aforesaid, His Majesty requireth the several Overseers of the Poor to be diligent in raising such Stocks according to the Power given them, And also His Majesty requireth all Mayors, Bayliffs, Justices of the Peace, Magistrates and other Officers aforesaid, to be careful in putting in speedy and due Execution all the Statutes concerning Tipling and Drunkenness, and concerning unlawful or irregular Inns or Alehouses, and all other Statutes, the penalties whereof are disposed to the use of the Poor of the several Parishes; and to cause the said several penalties to be delivered to the Overseers of the Poor respectively for the increase of the said Stock, to buy materials to imploy the said Poor, and also to be careful in diligent calling to account the said Overseers, and to see the said sums so raised may be carefully imployed for the good education and instruction and binding out of such poor Infants and Fatherless Children, and providing for relief of the Poor aforesaid, which may in probability encourage some charitable and well disposed Persons voluntarily to contribute and add to such Stocks by their free and weekly contributions (which they dayly bestowed on idle begging Poor) or otherwise. His Majesty therefore expects all Mayors, Justices, Magistrates and other His Officers to whom the Execution of the Law aforesaid is particularly concerned, that they be very careful in the due and speedy execution of every one of them, as they will avoid His Majesties just indignation for their neglect of their duties in hindring this so great a National work, and for the Contempt of His RoyalCommandments: His Majesty being resolved to have an account, both from the said Justices, and the several Judges of Assizes in their several Circuits, of the due observation hereof, until His Majesty shall take a further Course by the advice of His Parliament, which he determines to do, that no poor shall be permitted to be Vagrant or Begging, but all such as are Impotent and not able to work, may be provided for, so as to live comfortably, and yet be kept from profess'd idleness, and such as are able may have means provided to set them on work.
Given at Our Court at Whitehall, the Ninth day of May, One thousand six hundred sixty one, and in the Thirteenth year of His Majesties Reign.
God Save The King.
London, Printed by John Bill and Christopher Barker, Printers to the King's most Excellent Majesty, 1661. At the Kings Printing-House in Black-Friers.
3 pp. folio. Copies in Adv., Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Dubl., Guild., P. R. O., Q. C., and T. C. D. Abstract printed in "Mercurius Publicus," May 16, 1661, and in "Kingdomes Intelligencer," May 20, 1661.
[Encouraging Settling in Jamaica.]
BY THE KING.
A PROCLAMATION
For the encouraging of Planters in His Majesties Island of Jamaica in the West-Indies.
Charles R.
We being fully satisfied, that Our Island of Jamaica, being a pleasant and most fertile soyl, and scituate commodiously for Trade and Commerce, is likely, through Gods blessing, to be a great Benefit and Advantage to this and other Our Kingdoms and Dominions, have thought fit, for encouraging of Our Subjects, as well such as are already upon the said Island,as all others that shall transport themselves thither, and Reside and Plant there, to declare and publish, And We do hereby declare and publish, That Thirty Acres of Improveable Lands shall be granted and allotted to every such Person, Male, or Female, being Twelve years old or upwards, who now Resides, or within Two years next ensuing, shall Reside upon the said Island, and that the same shall be assigned and set out by the Governor and Council within Six weeks next after notice shall be given in Writing, subscribed by such Planter or Planters, or some of them, in behalf of the rest, to the Governor, or such Officer as he shall appoint in that behalf, signifying their resolutions to Plant there, and when they intend to be on the place. And in case they do not go thither within Six moneths then next ensuing, the said Allotment shall be void, and free to be assigned to any other Planter; And that every person and persons to whom such Assignment shall be made, shall hold and enjoy the said Lands, so to be assigned, and all Houses, Edifices, Buildings, and Inclosures, thereupon to be built or made, to them and their Heirs for ever, be and under such Tenure as is usual in other Plantations subject unto Us. Nevertheless they are to be obliged to serve in Arms upon any Insurrection, Mutiny, or Foreign Invasion; and that the said Assignments and Allotments shall be made and confirmed under the publick Seal of the said Island, with power to create any Mannor or Mannors, and with such convenient and suitable Priviledges and Immunities as the Grantee shall reasonably devise and require; And a draught of such Assignments shall be prepared by Our Learned Council in the Law, and delivered to the Governor to that purpose; And that all Fishings and Piscaries, and all Copper, Lead, Tin, Iron, Coals, and all other Mines (except Gold and Silver) within such respective Allotments, shall be enjoyed by the Grantees thereof, reserving only a Twentieth part of the Product of the said Mines to Our use. And we do further publish anddeclare, That all Children of any of Our Natural born Subjects of England to be born in Jamaica, shall from their respective Births be reputed to be, and shall be free Denizens of England, and shall have the same Priviledges to all Intents and Purposes as Our Free-born Subjects of England; And that all Free persons shall have liberty without Interruption, to transport themselves and their Families, and any their Goods (except only Coyn and Bullions) from any of Our Dominions and Territories to the said Island of Jamaica. And we dostraitly charge and command all Planters, Soldiers, and others upon the said Island, to yield obedience to the lawful Commands of Our Right Trusty and Welbeloved Thomas Lord Windsor, now Our Governor of the said Island, and to every other Governor thereof for the time being, under pain of Our displeasure, and such penalties as may be inflicted thereupon.
Given at Our Court at Whitehal the Fourteenth day of December, 1661. In the Thirteenth year of Our Reign.[1]
God save the King.
London, Printed by John Bill and Christopher Barker, Printers to the King's most Excellent Majesty. 1661.
2 pp. folio. There are two issues, varying slightly in set-up. Copies in Adv., Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Dubl., Guild., Hodg., P. R. O., Q. C., T. C. D., and in N. Y. Historical Society. Entered on Patent Rolls. Printed in "Interesting Tracts relating to the Island of Jamaica," 1800, pp. 135, 136, and in preface to "Laws of Jamaica," 1792.
[Recalling Dispensations of Navigation Act.]
BY THE KING.
A PROCLAMATION
For recalling Dispensations, with some Clauses in the Acts for Encouragement and Increasing of Shipping and Navigation, and of Trade.
Charles R.
Whereas We by an Order in Council[2]of the Two and twentieth day of March, One thousand six hundred sixty four,have dispenced for some time with certain Clauses in the late Acts of Parliament for Encouraging and Increasing of Shipping and Navigation, and for the Encouragement of Trade; and therein also Declared, That when We should think fit to determine that Dispensation, We would by Our Royal Proclamation give Six moneths notice thereof, to the end no Merchant, or other Person therein concerned should be surprised. In order whereunto, We taking the same into consideration, have thought fit (with the advice of Our Privy Council) to publish this Our Royal Proclamation; and do hereby Declare, That the said Order of the Two and twentieth of March, One thousand six hundred sixty four, and all and every the Dispensations, Clauses, Matters, and things therein contained, shall from and after the end of six moneths next ensuing the Date of this Proclamation, Cease, Determine, and be Void to all intents and purposes whatsoever; Whereof all Persons concerned are to take notice, and to conform themselves accordingly.
Given at Our Court at Whitehall the 23. day of August, 1667. In the Nineteenth year of Our Reign.
God Save The King.
In the Savoy, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty. 1667.
1 p. folio. Copies in Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Guild., P. C., P. R. O., Q. C., and T. C. D. Entered on Patent Rolls.
[1]There is a series of documents in the Public Record Office regarding the publication of this proclamation in Barbadoes (see abstracts inCal. State Papers, Colonial, 1661-1668, pp. 97, 103).
[1]There is a series of documents in the Public Record Office regarding the publication of this proclamation in Barbadoes (see abstracts inCal. State Papers, Colonial, 1661-1668, pp. 97, 103).
[2]Since this order does not appear among the printedActs of the Privy Council, 1613-1680, it is here noted. On March 22, 1665, it was ordered that the "Act for encouraging and encreasing of Shipping and Navigation" should be suspended so far as concerned commerce with Norway and the Baltic Sea, also with Germany, Flanders, or France, provided the merchants and owners were English natural-born subjects. The order further allowed the merchants of any nation in amity with England to import hemp, pitch, tar, masts, saltpeter, and copper, paying only such duties as were imposed by the Act of Tonnage and Poundage. The clauses relating to America follow:"And His Majesty doth further Order, That notwithstanding the said Act for Encouraging and encreasing of Shipping and Navigation, and one other Act made in the said Parliament begun at Westminster the eighth day of May in the thirteenth year of His Majesties Reign, intituled [An Act for the Encouragement of Trade] or either of them, or any Clause or Clauses in them, or either of them to the contrary, It shall and may be lawful for any English Merchants, and they are hereby authorised, freely and without interruption, to make use of, and employ any Foreign Ships or Vessels whatsoever, Navigated by Mariners or Seamen of any Nation in Amity with His Majesty, for importing or exporting of Goods and Commodities, to or from any Port in England or Wales, to or from any of His Majesties Plantations."Provided, That no Goods or Commodities whatsoever, be by them imported into any of His Majesties said Plantations, but what shall be without fraud, Laden and Shipped in England or Wales, and thence directly carried, and from no other place to His Majesties said Plantations."Provided also, That such Goods and Commodities as shall be by them laden or taken on Board at His Majesties said Plantations, or any of them, be brought directly from thence to some of His Majesties said Ports in England or Wales. And all Governours, and Officers of the Customs are hereby charged and required, strictly to observe all Rules, Directions and Orders for taking of Bonds or other Securities, and exacting all Forfeitures, and Penalties by the said Acts or either of them required or enjoyned: save only in the Two Clauses concerning English Ships or English Mariners herein before dispensed with."And lastly, His Majesty doth declare, That this shall continue and be in force during His Majesties pleasure: And when His Majesty shall think fit to determine the Dispensation hereby granted, He will by His Royal Proclamation give six moneths notice thereof, To the end no Merchant or other person herein concerned, may be surprized."This order in Council was printed as a broadside by John Bill and Christopher Barker, and copies of it are in Antiq., B. M., Crawf., P. R. O., and Q. C.
[2]Since this order does not appear among the printedActs of the Privy Council, 1613-1680, it is here noted. On March 22, 1665, it was ordered that the "Act for encouraging and encreasing of Shipping and Navigation" should be suspended so far as concerned commerce with Norway and the Baltic Sea, also with Germany, Flanders, or France, provided the merchants and owners were English natural-born subjects. The order further allowed the merchants of any nation in amity with England to import hemp, pitch, tar, masts, saltpeter, and copper, paying only such duties as were imposed by the Act of Tonnage and Poundage. The clauses relating to America follow:
"And His Majesty doth further Order, That notwithstanding the said Act for Encouraging and encreasing of Shipping and Navigation, and one other Act made in the said Parliament begun at Westminster the eighth day of May in the thirteenth year of His Majesties Reign, intituled [An Act for the Encouragement of Trade] or either of them, or any Clause or Clauses in them, or either of them to the contrary, It shall and may be lawful for any English Merchants, and they are hereby authorised, freely and without interruption, to make use of, and employ any Foreign Ships or Vessels whatsoever, Navigated by Mariners or Seamen of any Nation in Amity with His Majesty, for importing or exporting of Goods and Commodities, to or from any Port in England or Wales, to or from any of His Majesties Plantations.
"Provided, That no Goods or Commodities whatsoever, be by them imported into any of His Majesties said Plantations, but what shall be without fraud, Laden and Shipped in England or Wales, and thence directly carried, and from no other place to His Majesties said Plantations.
"Provided also, That such Goods and Commodities as shall be by them laden or taken on Board at His Majesties said Plantations, or any of them, be brought directly from thence to some of His Majesties said Ports in England or Wales. And all Governours, and Officers of the Customs are hereby charged and required, strictly to observe all Rules, Directions and Orders for taking of Bonds or other Securities, and exacting all Forfeitures, and Penalties by the said Acts or either of them required or enjoyned: save only in the Two Clauses concerning English Ships or English Mariners herein before dispensed with.
"And lastly, His Majesty doth declare, That this shall continue and be in force during His Majesties pleasure: And when His Majesty shall think fit to determine the Dispensation hereby granted, He will by His Royal Proclamation give six moneths notice thereof, To the end no Merchant or other person herein concerned, may be surprized."
This order in Council was printed as a broadside by John Bill and Christopher Barker, and copies of it are in Antiq., B. M., Crawf., P. R. O., and Q. C.
[Concerning the Planters at St. Christophers.]
BY THE KING.
A PROCLAMATION
Touching the Planters in the Island of Saint Christophers.
Charles R.
Whereas it hath been Our care before and since the Restitution of that part of the Island of Saint Christophers,[1]which formerly belonged to Us and Our Subjects, to provide for the Plantation and Improvement thereof, by giving all manner of Encouragements to Our good Subjects to return thither, and to Re-establish the former Trade and Commerce: In order whereunto We lately sent thither SirCharlesWheeler Baronet, with Our Commission to be Our Lieutenant-General, and General Governour of Our Leeward Islands in America; and for the better execution of so important a Charge, gave him such Directions and Instructions as were most suitable to these Our Royal Intentions, and might best tend to the advancement of the general Good and Welfare of all Our Subjectsthere, so that We might reasonably have expected before this time, some Account of the good success of these Our endeavours in the happy and peaceable Settlement of Our Subjects in their former Proprieties and Possessions; nevertheless, to the utter disappointment of Our just expectations, and the general Discouragement of such of Our Subjects who formerly Inhabited that Island, We are given to understand, That on or about the Twenty fourth of August last past, Sir Charles Wheeler hath caused a certain Proclamation to be published in that Island, thereby endeavouring to oblige the former Inhabitants and Proprietors to appear before a certain Court of Claims by him there Erected, and to return with a Stock sufficient for the quantity of Land they Claim, on peril of losing such part of their Estates they shall not be able to Stock, which shall be given to them who are better able; And moreover, to be Contributory to all Levies to be made for satisfaction of the French Demand, upon any Article of the Peace at Breda, or for satisfaction of any other disbursments concerning Fortifications, or any other Publick Expences; with a further menacing intimation to all such as shall be found to have Acted or Counselled in the late Rendition of the Island to the French, or have been guilty of any Cowardise or Folly in that War, That they are not to expect the like advantages with the rest of Our Subjects: And a Declaration, That upon every mans Estate a Quit-Rent shall be reserved, greater or lesser, according to the merit or demerit of the person Restored, with an allowance of no longer time to such of Our Subjects who were in the Barbadoes and Caribee Islands, for putting in their Claims, then One Moneth, and but Three Moneths to those who were in any part of Europe, Virginia, Jamaica, Carolina, Bermuda's, or New England, Then which nothing could have been done more contrary to the Commission and Instructions We had given him, nor more repugnant to Our Royal Intentions, and the just Interests and Advantages of the antient Planters and Proprietors: Wherefore, and for the better prevention of the ill consequences which might otherwise ensue upon that Proclamation so issued out by the said Sir Charles Wheeler, if the same should be allowed to have any force or effect, We have thought fit, by Advice of Our Council, to Publish this Our Royal Proclamation, and do hereby Declare Our Will and Pleasure, That the said Proclamation, and everything therein contained, is, and shall be null and void, to all intents and purposes whatsoever, as if the same had never been hadnor made; And because the Return and Re-settlement of the antient Planters and Proprietors hath been many ways obstructed, not onely by the Severities of the said Illegal Proclamation, but by several accidents which for a long time did very much retard the Surrender of the said Island, We therefore out of the just sense We have of the great Sufferings of the said late Planters and Proprietors, do by these presents, for their ease, and in their favour, further Declare, That all and every the late Planters and Proprietors, their Heirs, Executors and Assigns, or their Agents respectively, shall be admitted to enjoy their several and respective Plantations, carrying with them such Stock onely as they are able, or can conveniently provide: Which Grace and Favour of Ours We would have to be understood with these Qualifications and Restrictions onely (That is to say) That such who have sold their Plantations to the French, or Claim under those who did Sell the same to the French, shall be obliged to re-imburse the Purchasers the Price or Money they or those under whom they Claim, did actually receive for their respective Possessions and Estates, within the space of one whole year, to be accounted from the Re-delivery of the English part of the said Island, which We are informed, was upon the 5/15 of July 1671. And all such who have not Sold to the French and their Heirs, Executors and Assigns, and their Agents respectively, shall be obliged to return unto the said Island before the Twenty fifth day of December, which shall be in the year of Our Lord, One thousand six hundred seventy two. And We do further Publish and Declare Our Royal Will and Pleasure, That no Taxes, Tallages, Aides, or other Impositions whatsoever, shall at any time hereafter be Assessed or Imposed, nor any Quit-Rents Reserved or Required, nor any Moneys Levied, nor any kind of Charge be laid upon, or raised out of any Lands or Tenements in the said Island, unless it be by vertue of some Publick Law made or to be made by the Assembly of the said Island, and with the consent of the Governour and Counsel there Assembled. And moreover, of Our further and more especial Clemency and Favour unto Our good Subjects in the said Island, We are Graciously pleased to Declare, That all and every the Inhabitants, Planters and Proprietors of the said Island, and all and every person and persons Claiming by, from, and under them, or any of them, and all other Our Subjects in the said Island, shall be, and are hereby Freed, Indempnified, and Discharged, as against Us, OurHeirs and Successors, of and from all Crimes, Offences, Miscarriages, and Misdemeanours whatsoever, which happened, and were committed in the said Island during the late War in the said Island, and of and from all Pains and Penalties incurred for or by reason of any matter or thing done, or omitted to be done during the said late War; And of and from all Prosecutions, Molestations, or Inquiries touching or concerning the same; All which matters and things shall be, and are hereby put into perpetual Oblivion, nor shall the same be ever mentioned to the prejudice of any of Our Subjects, either in their Persons, Estates, or Reputations. All which We Command to be Obeyed in all Our Dominions, and all Our Officers Civil and Military, to be Assisting in the Premises, as they will answer the contrary at their utmost perils.
Given at Our Court at Whitehall the Two and twentieth day of December 1671. in the Twenty third year of Our Reign, 1671.
God save the King.
In the Savoy, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty, 1671.
2 pp. folio. Copies in Antiq., Bodl., B. M., Crawf., Guild., P. C., P. R. O., Q. C., and T. C. D. Abstract printed in "London Gazette," Dec. 28, 1671.