T. Buckhurst.Lenox.Nottingham.Suffolke.Devonshire.Mar.Ro. Cecill.E. Wotton.Jo. Stanhop.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie. Anno 1603.
2 pp. folio. Copies in Antiq., B. M., Crawf., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Fœdera," xvi, 554, and in Barker's "Booke of Proclamations," p. 44.
[1]Printed inStatutes of the Realm, iv, 899: "An Acte for punyshment of Rogues Vagabonds and Sturdy Beggars," 39 Eliz. ch. 4.
[1]Printed inStatutes of the Realm, iv, 899: "An Acte for punyshment of Rogues Vagabonds and Sturdy Beggars," 39 Eliz. ch. 4.
[2]This Order in Council is not to be found among the Records of the Privy Council, which for the period from 1603 to 1613 were burned in a fire at Whitehall in 1618.
[2]This Order in Council is not to be found among the Records of the Privy Council, which for the period from 1603 to 1613 were burned in a fire at Whitehall in 1618.
[Transporting of Women and Children to Foreign Parts.]
BY THE KING.
A Proclamation touching Passengers.
Whereas in the first Session of our Parliament holden at Westminster the nineteenth day of March in the yeere of our raigne of England, France and Ireland the first, and of Scotland the seven and thirtieth; It was amongst other things Enacted, That no woman nor any childe under the age of one and twenty yeeres (Except Saylers or Shipboyes or Apprentice, or Factor of some Merchant in trade of Merchandize) should bee permitted to passe over the Seas, except the same should be by licence of us, our Heires or Successors, or some sixe or more of our privy Councell, thereunto first had under their handes, upon paine that the Officers of the Port that should willingly or negligently suffer any such to passe, or should not enter the names of such Passengers licenced, should forfeit his Office, and all his goods and Chattels, And upon paine that the owner of any Ship or Vessell, that should wittingly or willingly cary any such over the Seas, without licence as is aforesaid, should forfeit his Ship or Vessell, and all the Tackle, And every Master or Mariner, of or in any such Ship or Vessell, offending as is aforesaid, should forfeit all their goods, and suffer imprisonment by the space of twelve moneths without Baile, or Maineprise, As by the saide Acte of Parliament amongst other things may more at large appeare:[1]
And whereas many such our Subjects, That is to say, Women and persons under the age of twenty and one yeeres, have from time to time just and necessary causes and occasionsto goe and passe over the Seas, In which cases for every such women and persons under the age of twenty and one yeeres to obteine such licence, either from our selves, or from sixe of our said Privy Counsel according to the said Law, is very inconvenient, and almost impossible; Wee have therefore thought convenient, for the ease as well of our selfe and our said Counsell, as of such of our Subjects as are of the condition mentioned in the saide Acte of Parliament, to graunt our Commission to persons of trust in certaine Ports of our Realme, lying most apt and convenient for passage, That is to say, London, the Cinque Ports, Harwich, Yarmouth, Hull, and Waymouth, to licence such women and persons under the age of twenty and one yeeres, as shall have just cause to passe out of our Realme, upon due examination had of them, to passe without perill to themselves, or the Officers of our said Ports, Notwithstanding the said Statute or anything therein conteined, And we have thought it fit to give publique knowledge hereof to al our Subjects, and to all our Officers whom it may concerne, to the ende they may know what shall bee lawfull for them to doe in those cases.
Given at the Castle of Farneham the xxiii. day of August, in the fourth yeere of our Reigne of Great Britaine, France and Ireland.
God Save the King.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie. 1606.
1 p. folio. Copies in Antiq., B. M., Crawf., P. R. O., and Q. C. Entered on Patent Rolls. Printed, in Barker's "Booke of Proclamations," p. 133.
[1]This Act, entitled "An Acte for the due Execution of the Statutes againste Jesuits, Seminarie Priestes Recusants &c.," is printed inStatutes of the Realm, iv. 1021, 1 James I, ch. 4, sec. 7.
[1]This Act, entitled "An Acte for the due Execution of the Statutes againste Jesuits, Seminarie Priestes Recusants &c.," is printed inStatutes of the Realm, iv. 1021, 1 James I, ch. 4, sec. 7.
[Importation of Whale-fins from Greenland.]
BY THE KING.
A Proclamation concerning the bringing in of Whale-Finnes into his Majesties Dominions, etc.
As Wee conceive, it cannot be construed by any Our doings or proceedings, that Wee are caried with any ambitions or unjust appetite, to covet that which appertaineth to othersSo it shalbe alwayes Our desire and resolution, to nourish and maintaine the happy estate of Our loving Subjects, and the honour of Our Kingdomes; not onely in the same degree, in the which We have received them; but likewise with that increase and advancement, whereof the providence of Almighty God by just occasions shal put meanes and opportunities into Our hands; and in nothing more (next unto the true worship of God, and the administration of Justice) then in the maintenance and increase of Navigation, wherein Our kingdomes both by scituation, strength of shipping, skill of Marriners, valew of Commanders at Sea, and many honourable discoveries and exploits, have for long time, and more and more of late time flourished. And whereas Our Company of Merchants for the discovery of new Trades, commonly called the Muscovia Company,[1]have with their great costs and charges, of late yeeres discovered a Land, which they call by the name of King James his Newland,[2]to the increase of Navigation and Mariners; and have further by their care and industry entred into a trade of fishing for the Whale, and procured Biscainers, skilfull in striking the Whale, to teach and instruct the English Nation therein: And whereas a principall part of the benefit of the Whale-fishing consisteth in the commoditie of Whale-finnes imported into Our Kingdomes; And that experience already sheweth, that Our owne subjects in their returne from that Fishing, are able to furnish and serve Our Kingdomes with sufficient quantity for the use of Our loving subjects: it being also a matter of delicacie, and rather to be considered as it may concerne Navigation, then in itselfe: We have therfore thought fit for the better encouragement of the said Company, and other Our Subjects, in services of like nature, to prohibite all Aliens and strangers,and also Our owne subjects, (except the said Muscovia Merchants, and that in their joynt stocke) to bring hereafter into any Our Kingdomes the said commodity.
Wherefore We do by these presents, straitly and expresly forbid and prohibite, all Aliens and strangers whatsoever, and also Our owne Subjects (others then the said Muscovia Merchants, and that in their joynt stocke) to bring into any Our kingdomes, and Dominions any Whale-finnes, upon paine of Confiscation of the same, and of Our high indignation and displeasure, and of such further punishment, as shalbe meet to be inflicted upon the offenders for their contempt in that behalfe: And We do further hereby charge and require all Our Customers, Comptrollers, Searchers and other Officers, and also the Farmors of Our Customes, and their ministers, carefully to attend every one in their severall dueties, the execution of this Our Royall Proclamation, and in no wise to permit or suffer any Whale-finnes, either directly or indirectly, openly or privately, to be brought into the Ports, or other places of any of Our kingdomes: And in case any be brought in, the same to seaze to Our use, and by all other meanes to finde out, and informe of all offences tending to the breach of this Our Royall Proclamation.
Given at Wansted the eleventh day of September, in the twelfth yeere of Our Raigne of Great Britaine, France, and Ireland, 1614.
God Save the King.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie. Anno Dom. 1614.
1 p. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls.
[1]The Russia, or Muscovy Company, chartered as a company of Merchant Adventurers in 1554, received from King James in 1613 an additional charter giving them the exclusive rights to the whale fishery of Greenland. For the subsequent career of this Company and their struggles with the Dutch for the possession of the Greenland trade, see Cawston and Keane,Early Chartered Companies, pp. 45-52.
[1]The Russia, or Muscovy Company, chartered as a company of Merchant Adventurers in 1554, received from King James in 1613 an additional charter giving them the exclusive rights to the whale fishery of Greenland. For the subsequent career of this Company and their struggles with the Dutch for the possession of the Greenland trade, see Cawston and Keane,Early Chartered Companies, pp. 45-52.
[2]In 1613 the Muscovy Company set up the King's arms at Spitzbergen, calling it King James's Newland. (Anderson,Origin of Commerce, ii, 343.) In vol. iv of theTransactionsof the American Antiquarian Society is printed from the original manuscript the Narrative of a Voyage to Spitzbergen, being "A Brief Description of the Country of Greenland, otherwise called King James his New Land." The rise of the Muscovy Company and its participation in the Greenland trade is carefully treated by Dr. S. F. Haven in the introduction to the Narrative. This recently discovered land was Spitzbergen and not Greenland proper.
[2]In 1613 the Muscovy Company set up the King's arms at Spitzbergen, calling it King James's Newland. (Anderson,Origin of Commerce, ii, 343.) In vol. iv of theTransactionsof the American Antiquarian Society is printed from the original manuscript the Narrative of a Voyage to Spitzbergen, being "A Brief Description of the Country of Greenland, otherwise called King James his New Land." The rise of the Muscovy Company and its participation in the Greenland trade is carefully treated by Dr. S. F. Haven in the introduction to the Narrative. This recently discovered land was Spitzbergen and not Greenland proper.
[Banishing Notorious Offenders to Virginia.]
BY THE KING.
A Proclamation for the better and more peaceable government of the middle Shires of Northumberland, Cumberland, and Westmerland.
[A long proclamation for the prevention of disorders and outrages in certain shires, requiring that no person shall lease lands and tenements without sufficient surety, that all persons shall assist in the pursuit of criminals, that notorious offenders shall not receive bail except in open court, that care shall be exercised in the granting of licenses to "hostler houses and malsters," that known malefactors shall not be countenanced "by wearing of their liveries or any other dependance," that the families of offenders who have been banished shall be sent to join the fugitives, that all outlaws shall yield themselves up to the law and shall not be sheltered, that for the prevention of cattle stealing no beef shall be sold in any fair or market without the hide, that all horses, sheep and cattle shall be sold only in open fair or market, that notorious offenders shall be sent to Virginia and other foreign parts, that the use of weapons and horses be forbidden except to noblemen and gentlemen, that the overlords shall require sufficient bonds of their tenants, and that offenders shall be remanded to the place where their offense was committed. Only the paragraph regarding America is quoted.]
Item, for the more speedy suppressing, and freeing the said Countreis and places of notorious and wicked offenders that will not be reformed, but by severity of punishment; Wee have taken order for the making out a Commission to speciall Commissioners, to survey, search and finde out, and enforme Us of the most notorious and lewd persons, and of their faults, within the said Counties of Northumberland, Cumberland, and Westmerland, Riddesdale, and Bewcastle within the same: And We hereby signifie our pleasure to be upon Certificate of the said Commissioners, to send the most notorious ill livers, and misbehaved persons of them that shall so be certified, into Virginia, or to some other remote parts to serve in the Warres, or in Colonies, that they may no more infect the places where they abide within this our Realme.
* * * * * * *
Given at Our Pallace of Westminister, the three and twentieth day of December, in the fifteenth yeere of Our Raigne of Great Britaine, France and Ireland. Anno 1617.
God Save the King.
Imprinted at London by Bonham Norton and John Bill, Deputies and Assignes of Robert Barker, Printer to the Kings most Excellent Majestie. Anno M.DC.XVII.
4 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls; entered in Privy Council Register (Scotland), xi, 288.
[Censuring Sir Walter Raleigh for sacking St. Thomas.]
BY THE KING.
A Proclamation declaring His Majesties pleasure concerning Sir Walter Rawleigh, and those who adventured with him.
Whereas We gave Licence to Sir Walter Rawleigh,[1]Knight, and others of Our Subjects with him, to undertake a Voyage to the Countrey of Guyana, where they pretended great hopes and probabilities to make discovery of certain Gold Mines, for the lawfull enriching of themselves, and these Our Kingdoms: Wherein We did by expresse limitation and Caution restraine, and forbid them and every of them, from attempting any Acte of hostility, wrong, or violence whatsoever, upon any of the Territories, States, or Subjects of any forraine Princes, with whom Wee are in amitie: And more peculiarly of those of Our deare Brother the King of Spaine, in respect of his Dominions and Interests in that Continent.All which notwithstanding, We are since informed by a common fame, that they, or some of them have, by an hostile invasion of the Towne of S. Thome (being under the obedience of Our said deare Brother the King of Spaine) and by killing of divers of theinhabitantsthereof, his Subjects, and after by sacking and burning of the said towne, (as much as in them for their owne parts lay) malitiously broken and infringed the Peace and Amitie, which hath beene so happily established, and so long inviolably continued betweene Us and the Subjects of both our Crownes.
Wee have therefore held it fit, as appertaining neerely to Our Royall Justice and Honor, eftsoones to make a publique declaration of Our owne utter mislike and detestation of the said insolences, and excesses, if any such have beene by any of Our Subjects committed: And for the better detection and clearing of the very trueth of the said common fame; Wee doe heereby straitly charge and require all Our Subjects whatsoever, that have any particular understanding and notice thereof, upon their duety and alleagiance which they owe Us, immediately after publication of this Our pleasure, to repaire unto some of Our Privy Counsell, and to discover and make knowne unto them their whole knowledge and understanding concerning the same, under paine of Our High displeasure and indignation; that Wee may thereupon proceede in Our Princely Justice to the exemplary punishment and coertion of all such, as shal be convicted and found guilty of so scandalous and enormous outrages.
Given at Our Mannor of Greenwich, the ninth day of June, in the sixteenth yeere of Our Raigne of England, France and Ireland, and of Scotland the one and Fiftieth.
God save the King.
Imprinted at London by Bonham Norton, and John Bill, deputie Printers for the Kings most Excellent Majestie. Anno M.DC.XVIII.
1 p. folio. Copies in Antiq., B. M., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Fœdera," xvii, 92, where it is dated June 11, 1618.
[1]Raleigh's voyage for the discovery of gold mines in Guiana (the modern Venezuela) was projected in 1616. He was released from the Tower in March of that year and sailed from Plymouth with a fleet of fourteen ships in June, 1617. The expedition seemed doomed to failure from the start, and after St. Thomas was attacked and burned in December, 1617, Raleigh was compelled to return to England without having attained his object. He landed at Plymouth in June, 1618, and after the due form of trial was executed, although upon a sentence of 1603, on October 29, 1618 (Dictionary of National Biography, vol. 47, pp. 197-200, where authorities are cited). Raleigh's commission for undertaking the voyage, dated August 26, 1616, is printed in Rymer'sFœdera, xvi, 789.
[1]Raleigh's voyage for the discovery of gold mines in Guiana (the modern Venezuela) was projected in 1616. He was released from the Tower in March of that year and sailed from Plymouth with a fleet of fourteen ships in June, 1617. The expedition seemed doomed to failure from the start, and after St. Thomas was attacked and burned in December, 1617, Raleigh was compelled to return to England without having attained his object. He landed at Plymouth in June, 1618, and after the due form of trial was executed, although upon a sentence of 1603, on October 29, 1618 (Dictionary of National Biography, vol. 47, pp. 197-200, where authorities are cited). Raleigh's commission for undertaking the voyage, dated August 26, 1616, is printed in Rymer'sFœdera, xvi, 789.
[Importation of Whale-fins from Greenland.]
BY THE KING.
A Proclamation inhibiting the Importation of Whale Finnes into his Majesties Dominions by any, but the Muscovy Company.
Whereas Wee by Our Proclamation given at Wansted, the eleventh day of September in the twelfth yeere of Our reigne of Great Brittaine, France, and Ireland,[1]for the reasons therein expressed, and for the incouragement of Our welbeloved Subjects, the company of Merchants trading for Muscovia, Greeneland[2]and the parts adjoyning, commonly called the Muscovia Company, did straitly and expresly forbid and prohibit all Aliens and Strangers whatsoever, and also all Our owne Subjects (others then the sayd Muscovia Merchants, and that in their joynt stock) to bring into any Our Kingdomes, and Dominions any Whale Finnes upon paine of confiscation of the same, and of Our high indignation and displeasure, and of such further punishment as should be meet to be inflicted upon the Offenders for their contempt in that behalfe.
Now forasmuch as We are given to understand, That Our sayd Proclamation took not that good effect, nor found that due obedience and conformity which We expected: We have therefore in further manifestation of our former intentions and gracious favor towards the sayd Company, thought good eftsoones to publish Our Royall pleasure heerein, and to revive and quicken Our sayd former Proclamation, which We cannot but take in ill part, hath beene so much neglected: And therefore We doe by these presents straitly charge, prohibit, and forbid, aswell all Alliens and Strangers whatsoever, as also Our naturall born Subjects and Denizens, That they nor any of them (other then the sayd Muscovia Merchants, and thatin their joynt stocke onely) shall from hencefoorth directly or indirectly import, or bring into Our Kingdomes and Dominions, or any of them, any Whale Finnes, upon paine of forfeiture, and confiscation of the same, whether they be found on board of any Ship, Hoy, Boate, or Bottome, or layd on land in any warehouse, storehouse, shop, cellar, or any other place whatsoever, and upon paine of Our high Indignation and displeasure, and such other punishment, as by Our Court of Starre chamber shalbe thought meet to be inflicted upon them, or any of them, as contemners of Our Royall will and commandement in this behalfe.
And Wee doe likewise straitly charge, prohibite and forbid, aswell all Aliens and Strangers, as Our naturall borne Subjects and Denizens (other then the sayd Muscovia Merchants) that they nor any of them doe presume to buye, utter, sell, barter or contract for, any Whale finnes, knowing the same to be imported into any of our Realmes or Dominions contrary to Our wil and pleasure heerein declared, upon paine of Our high indignation and displeasure, and such further punishment as by Our said Court of Starre chamber shall bee thought meet to be inflicted upon such offenders, as contemners also of Our Royall commandement. And to the end this Our pleasure may take the better effect, We doe heereby charge, and command all Customers, Comptrollers, Searchers, Waiters, Farmors, and Collectors of Our Customes, and other our Officers and Ministers, carefully to attend every one in his severall place, the execution heereof, and in no wise to permit or suffer any Whale finnes directly or indirectly, openly or privately to be brought, or imported into any Our Kingdomes or Dominions, contrary to Our Royal pleasure heerein expressed, or being so imported, that they doe not permit, or suffer the same to bee colourably customed for other goods and Merchandize, but that foorthwith they or some of them doe seize and take to Our use all such Whalefinnes as shall be so imported, and immediately upon such seizure made, to give notice thereof in writing to Our Register for forfeitures in Our Custome house in the Port of London, upon paine to undergoe such punishment, as shalbe thought meet by the Lords of Our Privie Councell.
Neverthelesse Our intent and meaning is, That the sayd Muscovie Company, and none other, shall or may buy, and sell, barter, or contract for, any such Whalefinnes, as being imported contrary to this Our Proclamation shalbe confiscateand seized, and the same, being sold by the sayd Company, may be afterward bought, contracted for, and used by any other Our Subjects at their wil and pleasure. Any thing heerein contained to the contrary notwithstanding.
Given at Our Mannour of Greenwich, the eighteenth day of May, in the seventeenth yeere of our Raigne of England, France, and Ireland, and of Scotland the two and fiftieth.
Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most excellent Majestie. Anno. M.DC.XIX.
2 pp. folio. There are two issues slightly varying in set-up. Copies in Antiq., B. M., Dalk., I. T., P. C., P. R. O., and Q. C.
[1]Refers to the proclamation of September 11, 1614. In 1618 the East India Adventurers had joined stock with the Muscovy Company to form one joint company for the whale fishery, but after two years of unsuccessful adventuring the agreement was dissolved (Anderson,Origin of Commerce, ii, 360, 367).
[1]Refers to the proclamation of September 11, 1614. In 1618 the East India Adventurers had joined stock with the Muscovy Company to form one joint company for the whale fishery, but after two years of unsuccessful adventuring the agreement was dissolved (Anderson,Origin of Commerce, ii, 360, 367).
[2]Spitzbergen, rather than Greenland proper.
[2]Spitzbergen, rather than Greenland proper.
[Manufacture of Tobacco-pipes.]
An abstract of some branches of his Majesties late Charter, Granted to the Tobacco-Pipe makers of Westminster; declaring his Majesties pleasure touching that Manufacture, and also all persons whom it may concerne.
James by the grace of God, King of England, Scotland, France and Ireland, &c. Whereas Wee have been informed by the complaint of divers of Our poore Subjects, the ancient Makers of Tobacco-Pipes within this Our Realme, That for want of power and priviledge to retaine their Apprentises and Servants during their Apprentiship (who commonly depart from them before they have served their tearmes, or attained to the knowledge of their Art) they are much prejudiced both in their Trades and meanes of living, by their excessive making and uttering of ill Ware, And Our Subjects who have use of that Manufacture, are thereby greatly abused and deceived: And not only so, but to their Masters farther impoverishment, these loose and idle persons doe instruct and teach others of as bad qualitie as themselves, to make and sell like ill and deceitful ware. Besides, for that the said Art of making Tobacco Pipes is easily learned, sundry of our Subjects trained up in other Trades more useful for the Realme, doe forsake the same andtake up this of making Tobacco-Pipes: And others who have other good Trades to live upon, intrude themselves into this also, and use both, to the hinderance and overthrow of those who anciently practised the same. And whereas for the better reforming of all those disorders, to cut off the superfluous straglers and late intruders, to reduce them to a competent number, and to settle good government amongst them (this Trade being a new Trade, never yet ordered by any Law or Policie, and which concerneth not any Commoditie of necessitie for our Common-weale, but a superfluous pleasure, necessarie to be regulated by Our Royall power and authoritie) We have therefore thought fit by Letters Patents under Our Great Seale, to Incorporate a certaine number of choice and selected persons, who have either served as Apprentices, or have otherwise practised that Art by the space of seven yeers, to whom and whose Servants, Apprentices, and such others as shall be by them admitted into that Societie for their skill and honest conversation, Wee intend to appropriat the said Art, and to restraine all others from taking that benefit which in no right belongeth unto them.
And to the end that all our loving Subjects may take knowledge of Our pleasure expressed in our Charter, that it may be duly observed without pretext of ignorance, Wee doe heereby declare Our expresse will and pleasure to be, and doe straightly charge and command, That no person or persons whatsoever, other then such as are members of the said Societie of Tobacco-pipe makers of Westminster, or which have by the space of seven yeares at the least beene bound to (or exercised) that Art, or such others as shall be chosen into the Societie by the said Societie, shall not presume (from the date of these presents) directly nor indirectly to make any manner of Tobacco-pipes within this Our Realme of England or Dominion of Wales, nor shall bring in or import any manner of Tobacco-pipes from beyond the Seas, or from Our Realme of Scotland; Nor shall utter, sell, or put to sale any Tobacco-pipes so made or brought into this Our Realme of England and Dominion of Wales, contrary to Our pleasure heerein declared Upon paine not only of forfeiture of all such Manufacture, but of incurring such penalties, imprisonments and punishments, as by the Lawes and Statutes of this Our Realme, or by Our prerogative Royall may be inflicted upon the offenders in this kind for their contempt or neglect of Our Royall Will and Commandment. And further, for the better discovering and suppressingof all secret and under-hand making or uttering of the said Manufacture by such as are not members of this Societie or otherwise enabled as aforesaid, Wee doe require, charge, and straightly command all Our loving Subjects (especially such Retaylers as shall buy Tobacco-pipes to sell againe) that they, nor any of them directly, nor indirectly, shall buy, acquire, get or obtaine any Tobacco-pipes whatsoever of or from the hands of any person or persons, not being knowne members of the said Societie, And to that end it is provided, that all Tobacco-pipes made by the said Company, shall be brought to the Common Hall of the said Societie, there to be proved whether the same be good and marchantable ware, before they shall be uttered or put to sale; (where they may be bought of all Our loving Subjects) Upon paine of undergoing of Our displeasure, and such paines and penalties as shall or may ensue thereupon for such contempt against Our will and Our prerogative Royall. And for the full effectuating of Our pleasure heerein, These are to command and straightly charge, That all the said Tobacco-pipe Makers aforesaid, shall forthwith take knowledge of our Charter by these presents, and by resorting to the said Societie in London, where they shall receive such Orders and Ordinances as shall be constituted and made by the Master, Wardens, and Assistances of the said Societie for the benefit of the said Societie. And lastly, We will and do hereby require all Mayors, Sherifes, Justices of Peace, Bailifes, Constables, and all other Officers and Ministers whatsoever, That they and every of them in their severall Offices and Places be from time to time ayding and assisting to the said Master, Wardens, and Societie in the due execution and accomplishment of this Our Royall Will and Commandment, as they tender Our pleasure, and will avoid the contrary.
Witnesse Our selfe at Westminster the sixth day of October, in the seventeenth yeere of Our Raigne of England, France, and Ireland, and of Scotland, the three and Fiftieth.
1 p. folio. Copy in Antiq.
[Inspecting of Tobacco.]
BY THE KING.
A Proclamation concerning the viewing and distinguishing of Tobacco in England and Ireland, the Dominion of Wales, and Towne of Barwicke.
Whereas divers good and necessarie provisions have beene heretofore made, as well by Act of Parliament, as otherwise, for the well garbling of Spices and Drugges, to the intent the Subjects of this Our Realme should not bee occasioned to use any unwholesome Spices or Drugges, to the impayring of their health, or to buy the bad instead of the good, to the impairing of their substance. And for as much as the Drugge called Tobacco, being of late yeeres growne frequent in this Our Realme and other Our Dominions, is daily sold ungarbled, whereby more inconvenience groweth and ariseth to Our loving Subjects, then by any other Drugge whatsoever. And for that also by the manie and sundrie abuses practised and committed by Merchants, Masters of Ships and others, in concealing and uttering the said Tobacco without paying any Impost or Custome for the same, great losse and dammage accrueth to Us, notwithstanding any Lawes, Statutes or other course heretofore taken for preventing thereof: For remedie of all which Inconveniences, Wee, by our Letters Patents under our great Seale of England, bearing Date, at Westmynster the five and twentieth day of May now last past, did prohibite and forbid, That no person or persons should at any time after the day of the Date of our said Letters patents within Our Realme of England, the Dominion of Wales, and Port and Towne of Barwicke, or any of them; or within Our Realme of Ireland, or any part of them or any of them, by himselfe or themselves, or his or their servants or factours, or any others, directly or indirectly sell or put to sale; or attempt, presume or goe about any manner of way to sell or put to sale, either in grosse or by retaile, any Tobacco, of what sort, kind or growth soever, before the Custome and Impost thereof due, were paid; and the same Tobacco were viewed, distinguished and sealed by the Officer or Officers of Us, Our Heires and Successours, in that behalfeto be constituted and appointed; For whose labour, travell, charges and expences in that behalfe to be sustained and taken in the execution of the said Office: Wee did by the said Letters Patents, constitute and appoint, That they should and might from time to time, demand, take and receive to their owne use, of every person and persons whose Tobacco they should so garble, viewe and seale, the summe of foure pence of currant English money, for every pound weight thereof so viewed and sealed.
And Wee did also by Our said Letters Patents (for the considerations therein mentioned) give and grant the said Office, with the powers, fees and authorities before mentioned to Our welbeloved Subjects, Francis Nichols, Jasper Leake and Philip Eden, Gentlemen, to be executed by them or their Deputies or Assignes for thirtie and one yeeres next ensuing the Date of the said Letters Patents.
And Wee did further by Our said Letters, for Us, Our Heires and Successours, give and grant unto the said Francis Nichols, Jasper Leake and Philip Eden, and their Assignes, and to all and every person and persons, which by them or any of them, by writing under their or any of their hands and Seales, should bee in that behalfe deputed and assigned, full power and authoritie during the terme aforesaide, as well to bee present and to have place in all manner of Custome-houses, Ports, Havens, Creeks and places of lading or unlading of any manner of Goods, Wares or Merchandizes, into or out of the said Realmes and Dominions: As also to be present with all and every the Customers, Collecters, Searchers, Surveyers, Waiters, and other Officers and Ministers having charge for or concerning the lading or unlading of any Goods, Wares or Merchandizes, for their better executing of all and everything and things thereby appointed, and for their better receiving and enjoying of the benefit of Our said Grant at all times and places, where the said Officers and Ministers or any of them, should by reason of their said severall Offices have cause or occasion to be: And also in all and every place or places, as well in Ships arrived with Tobacco, and riding in any Port, Roade or River, as on the Land, to make and appoint such and so many Watchmen, Waiters and Officers, and to provide and use such reasonable waies, orders and meanes, as they the said Francis Nichols, Jasper Leake and Philip Eden, and their Assignes and Deputies should and might be just and truely informed of all parcels and quantities of Tobacco,as should at any time or times during the said Grant, be brought into any Port or place, or be planted or growing in any place or places of the said Realmes and Dominions or any of them.
And also that it should and might be lawfull, to and for the said Francis Nichols, Jasper Leake, and Philip Eden, and their Assignes, and their and every of their Deputies and Substitutes, at all and every time and times during the terme aforesaid, in lawfull and convenient maner, with a Constable or other Officer of the place, as well to goe on board, view, and survay all Shippes, Vessels, or Bottomes, riding or lying within any of the Ports, Havens, Creekes and places of lading or unlading, within Our saide Realme of England, Dominion of Wales, Port or Towne of Barwicke, or Realme of Ireland, or any the members or places thereunto belonging, as to goe into any House, Celler, Vault, Warehouse, Shop, or other place within the said Realmes and Dominion, and Port, or Towne of Barwicke, or any part of them, or any of them to search and view if there be any Tobacco uttered, sold, or put to sale, or offered to be sold, or put to sale before the same be viewed, distinguished, and sealed contrary to the true meaning of the said Letters patents.
And We did also by the said Letters for Us, Our Heires and Successors, require, charge and Command all and singular Maiors, Shiriffes, Justices of Peace, Bailiffes, Constables, Headboroughes, Customers, Comptrollers, Searchers, Surveyors, Waiters, and all other Officers, Ministers, and Subjects whatsoever, of Us, Our Heires and Successors, as well of the said Realme of England, Dominion of Wales, and Port and Towne of Barwicke, as of the said Realme of Ireland, That they and every of them, should from time to time during the continuance of that Our graunt, be aiding and assisting to the said Francis Nichols, Jasper Leake, and Philip Eden, and their Assignes, and to every of them, their and every of their Deputie and Deputies, Substitute and Substitutes, in the due Execution of all and every the powers and authorities expressed in the said Letters Patents, upon paine of the displeasure of Us, Our Heires and Successors, and as they would answere the contrary at their perils; as by the said Letters Patents more at large appeareth.
Wee now, to the intent Our will and pleasure in the premisses may be the better knowne to all Our loving Subjects whom it may concerne, Doe hereby notifie, publish and declare thesame Our pleasure, willing and commanding that all and every the premisses, be from time to time in every respect duely performed, executed and observed according to the true intent and meaning of the same Our Letters Patents. And that no person or persons doe attempt or presume to violate or infringe Our Command hereby; or by Our said Letters Patents declared or expressed, upon the paines and penalties therein contained. And We doe also hereby Charge and Command, as well all and singular Merchants, and other person and persons whatsoever, which shall import any Tobacco of what sort soever, That they cause the same to be duely entred in the Custome house belonging to the Port or place where it shall bee landed, in the name or names onely of the true proprietor or owner, proprietors or owners thereof, and not in the name or names of any other person or persons which is not the true owner thereof; As also all Our Customers and other Officers whatsoever, That they take speciall care and regard to the due performance of the same, as they tender Our pleasure, and will avoide the contrary.
Given at Theobalds the tenth day of November, in the seventeenth yeere of Our Reigne of Great Brittaine, France, and Ireland.
God save the King.
Imprinted at London by Bonham Norton, and John Bill, Printers to the Kings most Excellent Majestie. Anno MDC.XIX.
2 pp. folio. There are two issues varying only in set-up. Copies in Antiq., Camb., I. T., P. C., P. R. O., and Q. C.
[Forbidding Planting of Tobacco in England.]
BY THE KING.
A Proclamation to restraine the planting of Tobacco in England and Wales.
It is not unknowen what dislike Wee have ever had of the use of Tobacco, as tending to a generall and new corruption, both of mens bodies and maners: Neverthelesse it is of thetwo, more tolerable, that the same should be imported amongst many other vanities and superfluities which come from beyond the Seas, then permitted to be planted here within this Realme, thereby to abuse and misimploy the soile of this fruitfull Kingdome: For which purpose by Our direction, Letters of late have beene addressed from our Councell of State, prohibiting the plantation thereof within a certaine distance of Our City of London: But entring into further consideration of the manifold inconveniences of suffering this nourishment of vice, (and nothing else) as a noysome and running Weede, to multiply and overspread within this Our Kingdome, Wee are resolved upon many and weightie reasons of State, to make the said Prohibition generall.
For first, Wee are informed, That whereas the use of forreine Tobacco was chiefly vented, and received in Cities and great Townes, where ryot and excesse useth to take place, it is now by the Inland plantation become promiscuous, and begun to be taken in every meane Village, even amongst the basest people.
Secondly, Wee are given to understand from divers persons of skill and experience, That the English Tobacco, howsoever some doe presume or imagine by industrie and experience to rectifie it, and make it good (wherein it is easie for opinion to doe mischiefe) yet it is certeinly in it selfe more crude, poysonous and dangerous for the bodies and healths of Our Subjects, then that that comes from hotter Climates; So that the medicinall use of Tobacco (which it is that that is onely good in it, and to be approoved) is in this kind also corrupted and infected.
Thirdly, Whereas Our Colonies and Plantations in Virginia and the Sommer Islands, (being proper and naturall Climates for that plant, and the true temper thereof) receive much comfort by the Importation thereof into this Kingdome, (which it is to be respected at least in the Interim, untill Our said Colonies may grow to yeeld better and more solide commodities) Now the said Trading from thence is and will be by the Plantation within this Realme, choaked and overthrowen.
Fourthly, Wee doe find also, that the reason that mooved Us to interdict the planting thereof neere the Citie of London, (which was in regard of the conversions of garden grounds, and rich soyled grounds from divers Roots and Herbes, fit for victuall and sustenance, unto this harmefull vanitie) extendethlikewise unto all Cities, Townes and Villages, and rather more, by how much the povertie is greater there, then here above.
And lastly, for that it doeth manifestly tend to the diminution of Our Customes, which is a thing, that although in case of good Manufactures, and necessary commodities Wee doe little esteeme; Yet where it shall be taken from Us, and no good but rather hurt thereby redound to Our people, Wee have reason to preserve.
Wee therefore intending in time to provide a remedie for this spreading evill, which hath in a very few yeeres dispersed it selfe into most parts of Our Kingdomes, doe hereby straightly charge and command all and every person and persons of what degree or condition soever, That they or any of them, by themselves, their servants, workemen or labourers, doe not from and after the second day of Februarie next, presume to sow, set, or plant, or cause to be sowen, set or planted, within this Our Realme of England, or Dominion of Wales, any sort or kinde of Tobacco whatsoever, And that they or any of them, shall not, or doe not hereafter maintaine, or continue any olde stockes, or plants of Tobacco, formerly sowen or planted, but shall foorthwith utterly destroy and roote up the same, converting and imploying the ground and soyle thereof to some other lawfull uses and purposes, as to them shall seeme best, upon paine of contempt of Our Royall commandement, to be proceeded with according to Our Lawes, and Prerogative Royall with all severitie.
And therefore, for the more due execution of the premisses, Wee doe further will, require and command all Mayors, Sheriffes, Justices of Peace, Bayliffes, Constables, and other Officers and ministers, to whom it shall or may appertaine, That they and every of them, shall from time to time diligently and carefully intend the due and exact observation of this Our Royall pleasure, And that they permit not, nor suffer any thing to be done, contrary to the true intent and meaning of this Our Proclamation, but withstand the same to their uttermost power, as they tender Our service: And further that they take order that such offenders, labourers, or workemen, as shal persist in the sowing or planting of Tobacco, in this Our Realme or Dominion of Wales, or in the maintaining or continuing any old stocks, or former plantations thereof hereafter, may be called before them, and be bound in Recognizances of good summes to Our use, to appeare in Our Court of Starrechamber, there to be prosecuted by OurAttourney generall, as contemners of Our expresse Commandement, Proclamation, and Prerogative Royall; wherein (especially in a cause of this nature) Wee will expect, and require of all Our Subjects, their due conformitie and obedience.
Given at Our Palace of Westminster the thirtieth day of December, in the seventeenth yeere of Our Reigne of Great Britaine, France and Ireland.
God save the King.
Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno MDC.XIX.
2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C.
[Forbidding Roger North's Expedition to Brazil.]
BY THE KING.
A Proclamation declaring his Majesties pleasure concerning Captaine Roger North, and those who are gone foorth as adventurers with him.
Whereas Roger North[1]Esquier, with divers others of Our Subjects, as Adventurers for the intended Plantation andsetling of Trade and Commerce in those parts of the Continent of America neare and about the River of Amazones (which were presupposed not to be under the obedience and governement of any other Christian Prince or State) hath secretly conveyed himselfe away and hath disloyally precipitated and imbarqued himselfe, and his fellowes, and sodainly set to Sea with a pretended purpose to prosecute that designe, contrary to Our Royal pleasure and Commandement expresly signified unto him by one of Our principall Secretaries, Our Admirall of England having also refused him leave to go: We then having out of weightie considerations, and reason of State, and upon the deliberate advise of Our Privy Councell resolved to suspend and restraine the said Plantation and voyage for a time, and having thereupon streightly charged and commanded him the said North upon his duty and aleageance, that hee and his Associates should for a while surcease their Provisions, and should stay themselves and their Shipping, which they had already prepared, untill Our further pleasure should be made knowen unto them.
Wee have therefore held it fit hereby to make a publique Declaration of Our utter mislike and disavowement of this their rash, undutiful and insolent attempt; and do hereby revoke, annihilate and disanull all Power, Authoritie, jurisdiction, or Commission whatsoever, which he the said North, or any of his Complices may pretend in any sort to derive and hold from or under Us; and do hereby charge aswell him the said North, as all his Companions and followers, immediately upon the first notice that shall be given him or them of this Our pleasure, that they shall make their speedie returne directly home, with all their shipping and munitions into this Our Kingdome of England, assoone as the windes and weather shall permit them; and being heere arrived shall foorthwith present themselves in person unto some of Our Privie Councel, under paine of being heereby declared guiltie of high contempt and rebellion, in case they shall disobey this Our expresse commandement.
And Wee doe further heereby straitly require and charge aswell the Governours, as all other the Partenors and Adventurers, any wayes concerned, or interested as members of the Companie and Incorporation intended for that Plantation, as all other Merchants, Captaines, Masters, and Officers, of Ships, Saylors, Marrinors, and all other our loving subjects whatsoever, that they shall in no sort ayd or abette, norcomfort him the said North, nor any of his Complices with any supply of shipping, men, money, munition, victuals, merchandise, or other commodities or necessaries whatsoever: but that aswell all and every Our Admirals, Vice-Admirals, and other Our Officers and Commanders of Our Ships, or Pinnaces, as all other Captaines and Masters of any of Our subjects ships and vessels whatsoever, that shall happen to meete with him the saide North, or any of his Company at sea, or in any Harbour, Port, or Creeke wheresoever, shall in Our Name attach, seize, and summon him, or them, and their shipping, to returne immediately home, and shall foorthwith bring them backe to some of Our Ports of this Our Kingdome, and there commit them and their Ships to the charge of such Our Officers, as it shall respectively appertaine unto, untill Wee (having received information of their such returne, which Wee will expect from Our said Officers, who shall so stand incharged with them) shall give further order concerning them, aswell their persons as their shipping and munitions. Wherein Wee doe expresly charge and command aswell him the said North, and all his Company, Abettors, and Adherents, and all the rest of that Company and Incorporation intended, as all and every other Our Officers by Land or Sea, and all other Captaines, Masters, and Marriners in any of Our subjects ships, and all other Our loving subjects whatsoever, faithfully, diligently, and carefully to observe, doe, and performe in their severall qualities and places, that which Wee have heereby required of them, according to every of their duties, charges, and imployments, upon paine of Our high displeasure and indignation, and as they will answere the contrarie at their uttermost perill.
Given at Our Manour of Greenwich this fifteenth day of May, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.
God save the King.
Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno Dom. M.DC.XX.
2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Fœdera," xvii, 215.