TRANSCRIBER'S NOTES
Obvious typographical and punctuation errors have been corrected after careful comparison with other occurrences within the text and consultation of external sources.
More detail can be found at the end of the book.

Burt Franklin: Bibliography and Reference Series # 56

BRITISH ROYAL PROCLAMATIONS
RELATING TO AMERICA
1603-1783

Proclamation of 1688 (reduced facsimile).

BRITISH ROYAL PROCLAMATIONS
RELATING TO AMERICA
1603-1783

EDITED BY
CLARENCE S. BRIGHAM, A.M.
Burt Franklin: Bibliography and Reference Series # 56

BURT FRANKLIN
NEW YORK

Published by
BURT FRANKLIN
514 West 113th Street
New York 25, N. Y.

ORIGINALLY PUBLISHED
AMERICAN ANTIQUARIAN SOCIETY—1911

PRINTED IN THE U.S.A.

[Introduction.]

This volume is the outgrowth of action taken by the Society at its annual meeting in October, 1906, when a committee consisting of Mr. Waldo Lincoln, Professor William MacDonald, and Dr. J. Franklin Jameson was appointed to arrange for a new volume of the Society's Transactions. At the April meeting, 1907, the committee was given power to proceed with the publication of the British Royal Proclamations relating to America, and in October following appointed the writer to edit the volume. The editor spent the summer of 1908 in England engaged in this undertaking.

The present volume includes all English Royal proclamations which concern North and South America, from 1603 to 1783. Only those proclamations are printed which emanated directly from the King. The numerous declarations and proclamations issued by provincial and colonial governors, the unauthorized proclamations of minor English officials serving in America, the proclamations of the governors-general of Canada and the Thanksgiving and Fast-Day proclamations of the New England governors have all been omitted. They are documents of another class, and exist in such profusion as to be quite beyond the scope of this volume. These colonial proclamations, furthermore, are practically never entered in the English records. As original broadsides, they are very rarely found in English depositories, but are scattered throughout the libraries and archives of America. Enough of these exist to form the basis of another volume. Limiting the present field to royal proclamations allows the subject to be covered with reasonable completeness.

Proclamations only are included, under which heading would come manifestos and declarations of the King. In a few cases proclamations were issued by the Lords Justices during the King's absence from England. The great mass of orders in council, which were occasionally issued as broadsides, but generally are found only in manuscript entries, are not included. These are now being printed in the "Acts of the Privy Council, Colonial Series," the third volume of which has progressed as far as the year 1745. Another class of proclamations rejected are those of the Lords Lieutenants of Ireland, which repeat verbatim the English orders in council.

From the early days of English history, proclamations were issued by the Crown to make known to the people new acts or regulations or declarations of public importance. Distributed for public view in printed broadside form, they have been familiar to twenty generations of English-speaking people. Yet, in spite of their frequency of issue and in spite of their occasional importance as public documents, there has been scarcely a book upon the forms of English government or upon the history of records, which gives a detailed account of the method of issuing, entering, and publishing proclamations. It remained for Mr. Robert Steele to compile during the past year, "A Bibliography of Royal Proclamations, 1485-1714, with an Historical Essay on their Origin and Use." This work, in two folio volumes, forms volumes five and six of the Earl of Crawford's splendidly published series, the Bibliotheca Lindesiana, and in this country can be consulted at most of the large libraries. Mr. Steele so thoroughly treats of the issuing, enforcement, and history of proclamations, that more than a brief allusion to their method of publication is unnecessary in this place.

Proclamations, during the seventeenth and eighteenth centuries at least, usually underwent the following routine. They were drawn up by the Attorney General upon instructions from the Privy Council, then engrossed on vellum and signed by the King. After having been printed as broadsides in an edition of a thousand or more by the King's printer, they were sent by messengers to the sheriffs of the various counties and towns, by whom they were posted. A document of the period of Charles II preserved in the Public Record Office shows the method of issuing a proclamation:

"Proclamations how passed.—Proclamations are usually drawn by the Attorney Generall and assented to by the Council and brought down to a Secretary of State to be engrossed in vellum and soe signed by the King (without any attestation of the Secretary), then being dated they are sent (sealed in a paper) to the King's Printing House by a messenger, who of course receives for their service 2s. 6d. of the Printer. Then are printed off such a number as is judged convenient, and of them some Copys furnished on the K.'s and to the Secry^s to the Councell, &ca.: and 1250 are carryed to the Clerk of the Crown to be distributed under the Great Seal, together with the original Proclamation signed by the King, which is there kept upon a File for the Clerk of the Crown's discharge and warrant. There are made up by the Clerk of the Crown, 66 writs directed to so many Sheriffs; each containing a certain number of proclamations tyed up with a Label, and then sealed. These writs are delivered over to the 4 Riding Messengers, whose office it is to distribute them, and for their pains have among them £40 out of the Hanaper paid by Bill, if it be y^e King's business (as generally they are), or else £50 if it be a private man's concern. His fees for the 66 writs are, £22 at 6s. 8d. per writt. The Printer has, by old Rates & Custom, 1d. per sheet for what he prints at the King's charge which comes to £15 for a Proclamation, and upon bills exhibited to the Lord Chancellor is paid in the Hanaper. His bills for quantitys furnished to the Secretary's office are attested by the Secretaries respectively & those to the Council office by the Clerks there." (S.P.D. Entry Book 72, p. 219, quoted by Steele.)

Another interesting side light upon their method of distribution is shown by a quotation from the records of the Privy Council:

January 10, 1678-79. "Whereas his Majesty did this Day in Council take notice of some Proclamations that have issued whereof no notice has come into severall parts of the Kingdome than what happens to be given by the Gazet, notwithstanding the great charge that is brought unto his Majesties accompt for the sending and Dispatching all Proclamations that issue, therefore to reform this abuse, and to settle for the future a method of lesse expence, and more certainty and expedition in the publique Service, It is this day ordered by his Majesty in Councill that the Right honorable the principall Secretaries of State do call before them Philip Frowde Esq. Governor of the Post office, and settle a method for sending all Proclamations to the respective Sheriffs, so as the next Postmaster to such Sheriff be charged with the Delivery of the same, and send up the Sheriffs receipt for his Discharge. The clerk of the Crowne is also to be summoned, and orders given him, that as soon as Proclamations passe the Seale, he do deliver them the next post day into the Post office and take a receipt thereof for the Discharge of his Duty herein, And the messengers of the Exchequer who have formerly been intrusted with this Service to his Majesties Damage and Expence are to be summoned and acquainted with the Rule that is now to be established, and that they desist hereafter from intermedling with this matter." (Privy Council Register, II Chas., 14:12.)

This new order, however, took away much of the revenue of the messengers and after a formal complaint had been made and duly heard, the Council concluded not to alter

"the ancient Course of Dispersing Proclamations, but leaves the Same to the Execution of the messengers of the Exchequer as formerly and that they take care that no Complaints be brought against them hereafter for not timely delivering of Proclamations. And his Majesty is graciously pleased to Command that the said Order of the 10th Instant be, and the same is hereby Superseded." (Idem, p. 39.)

With the reform of the postal service in 1709, the Privy Council discontinued the use of riding messengers and ordered that in future proclamations should be sent out by post.

Proclamations when signed by the King were termed "signed bills" and most of them are now preserved in the Public Record Office among the Privy Seal bundles. During the period covered by this volume, proclamations were generally copied on the backs of the Patent Rolls, and can be found through the Indexes. The eighteenth century proclamations were furthermore noted in the Crown Office Docquet Books, which are in the Public Record Office. Since proclamations were first ordered in the Privy Council, they were duly entered in its records and are to be found in the Registers in the Privy Council Office. After 1665, proclamations were generally published in the London Gazette, and before that date occasionally in London newspapers, such as the Mercurius Politicus and the Kingdomes Intelligencer.

It would seem as if there would be in England at least one official collection of broadside proclamations, yet no depository—the Public Record Office, the Privy Council Office, or the British Museum—possesses more than a fair share of the total number. Private collections are often the most valuable for certain periods, and as Mr. Steele's work shows, it requires a canvass of all existing collections to insure anything like completeness.

The principal depositories of proclamations have the following distinguishing characteristics:

The British Museum collection, although but sparsely represented for the eighteenth century, is notably full for the seventeenth century issues. Scattered in many different volumes, however, a comprehensive search requires a considerable amount of time. The Museum also has excellent files of the newspapers in which many of the proclamations were printed.

The collection of proclamations in the Public Record Office is contained in eight folio volumes, and is also less strongly represented for the eighteenth century. Here the Indexes to the Patent Rolls and the Crown Office Docquet Books are invaluable.

At the Privy Council Office is the best collection of proclamations for American reference and one which is especially good for the eighteenth century. The long, bulky series of Privy Council Registers, which is full of interest to students of American affairs, contains the entries of most proclamations.

Other London libraries, where the collections of proclamations were examined for this volume, were the Guildhall and the Society of Antiquaries. Each of these depositories had large numbers of the earlier proclamations and possessed certain issues which existed in no other place. At the Bodleian Library, Oxford, the Public Record Office in Dublin, and the Register House in Edinburgh, valuable collections were consulted.

Of the private collections, easily the most comprehensive is that gathered by the Earl of Crawford and described in the Bibliography of Royal Proclamations before referred to, in which volume other collections, both private and public, are noted at length. There is no large collection of broadside proclamations in any one American library, although many of the larger public and historical libraries possess occasional issues, and these, so far as found, have been noted.

There are one hundred and one proclamations entered in this volume. They have been carefully transcribed from the printed broadsides, except in the few instances where the broadside could not be found and some other source had to be used. Above each proclamation the date is given, and also a descriptive heading supplied by the editor and enclosed in brackets. The notes serve chiefly to explain obscure points, or to refer to original sources for certain Acts printed in the text. The bibliographical information entered at the end of each document gives the size of the original broadside, a list of libraries where it is to be found, a reference regarding the entry of the proclamation upon the Patent Roll, Crown Office Docquet Book, or Privy Council Register, and a note of the fact as to whether it is reprinted elsewhere. A list of the libraries referred to as containing the broadsides, and a chronological list of the proclamations precede the body of the text. The frontispiece reproduction of a proclamation of 1688 is from an original broadside owned by the John Carter Brown Library.

The editor's indebtedness to many English officials and librarians for courtesies extended to him in the course of his work is hereby gratefully acknowledged, especially to Mr. Hubert Hall of the Public Record Office and Sir Almeric FitzRoy, Clerk of the Privy Council. Professor W. L. Grant, then editing the "Acts of the Privy Council, Colonial Series," made many helpful suggestions. To Mr. Robert Steele above all others the Society is most deeply indebted. His aid and advice willingly given, his exceptional knowledge of the particular subject constantly placed at the editor's service, and finally his scholarly published work on the Bibliography of Royal Proclamations have all greatly helped to lighten the burden of research.

CLARENCE S. BRIGHAM,
Editor.

August 5, 1911.

List of Proclamations.

List of Abbreviations

OF THE NAMES OF LIBRARIES POSSESSING PROCLAMATIONS.

[Royal Proclamations]

[1603, September 17.]

[Banishing Vagabonds to Newfoundland and West Indies.]

BY THE KING.

A Proclamation for the due and speedy execution of the Statute against Rogues, Vagabonds, Idle, and dissolute persons.

Whereas at a Parliament holden at Westminster in the nine and thirtieth yeere of the Reigne of his Majesties late deare Sister deceased Queene Elizabeth, a profitable and necessary Law was made for the repressing of Rogues, Vagabonds, idle and dissolute persons,[1] wherewith this Realme was then much infested, by the due execution of which Lawe, great good ensued to the whole Commonweale of this Realme, but now of late by the remissenesse, negligence, and connivencie of some Justices of the Peace, and other Officers in divers parts of the Realme, they have swarmed and abounded every where more frequently then in times past, which will grow to the great and imminent danger of the whole Realme, if by the goodness of God Almighty, and the due and timely execution of the said Law the same be not prevented.

And where to the end that no impediment might be to the due and full execution of the same Law, his Highnesse Privie Councell, according to the power to them in that behalfe given by the sayd Law, have by their Order assigned places and parts beyond the Seas, unto which such incorrigible or dangerous Rogues should according to the same Lawe be banished and conveyed, as by the Order in that behalfe made, and under this present Proclamation particularly mentioned and set downe, more at large appeareth: His Majestie purposing (for the universall good of the whole Realme) to have the same Law duely and fully executed, doth by advice of his Privie Councell require all Justices of Peace, Maiors, Bayliffes, Hedboroughs, Constables, and other Officers whatsoever to whom it appertaineth, to see that the said Law be in all the parts, and branches of the same carefully, duely and exactly executed, as they and every of them will answere the contrary at their uttermost perils.

Given at his Majesties Mannour of Woodstocke the seventeenth day of September, 1603, in the first yeere of his Highnesse Reigne of England, France, and Ireland, and of Scotland the seven and thirtieth.

God Save the King.

The Order. [2]

Forasmuch as it hath appeared unto us aswell by our owne viewes in our travailes in this present Progresse of his Majestie, as also by good and credible information from divers and sundrie partes of the Realme, that Rogues grow againe and increase to bee incorrigible, and dangerous not onely to his Majesties loving Subjects abroad, but also to his Majestie and his Honourable Houshold and attendants in and about his Court, which growing partly through the remissenes of some Justices of the Peace, and other Officers in the Countrey, and partly for that there hath beene no Suite made for assigning some place beyond the Seas, to which such incorrigible or dangerous Rogues might bee banished, according to the Statute in that behalfe made: We therfore of his Majesties privie Councel, whose names are hereunto subscribed, finding it of necessitie to reforme great abuses, and to have the due execution of so good and necessarie a Law, doe according to the power limitted unto us by the same Statute, hereby Assigne and thinke it fit and expedient, that the places and partes beyond the Seas to which any such incorrigible or dangerous Rogues shall bee banished and conveyed according to the said Statute, shall bee these Countries and places following, viz. The New-found Land, the East and West Indies, France, Germanie, Spaine, and the Low-countries, or any of them.

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.

FOOTNOTES:

[1] ] Printed in Statutes of the Realm, iv, 899: "An Acte for punyshment of Rogues Vagabonds and Sturdy Beggars," 39 Eliz. ch. 4.

[2] This Order in Council is not to be found among the Records of the Privy Council, which for the period from 1603 to 1613 were burned in a fire at Whitehall in 1618.

[1606, August 23.]

[Transporting of Women and Children to Foreign Parts.]

BY THE KING.

A Proclamation touching Passengers.

Whereas in the first Session of our Parliament holden at Westminster the nineteenth day of March in the yeere of our raigne of England, France and Ireland the first, and of Scotland the seven and thirtieth; It was amongst other things Enacted, That no woman nor any childe under the age of one and twenty yeeres (Except Saylers or Shipboyes or Apprentice, or Factor of some Merchant in trade of Merchandize) should bee permitted to passe over the Seas, except the same should be by licence of us, our Heires or Successors, or some sixe or more of our privy Councell, thereunto first had under their handes, upon paine that the Officers of the Port that should willingly or negligently suffer any such to passe, or should not enter the names of such Passengers licenced, should forfeit his Office, and all his goods and Chattels, And upon paine that the owner of any Ship or Vessell, that should wittingly or willingly cary any such over the Seas, without licence as is aforesaid, should forfeit his Ship or Vessell, and all the Tackle, And every Master or Mariner, of or in any such Ship or Vessell, offending as is aforesaid, should forfeit all their goods, and suffer imprisonment by the space of twelve moneths without Baile, or Maineprise, As by the saide Acte of Parliament amongst other things may more at large appeare:[1]

And whereas many such our Subjects, That is to say, Women and persons under the age of twenty and one yeeres, have from time to time just and necessary causes and occasions to goe and passe over the Seas, In which cases for every such women and persons under the age of twenty and one yeeres to obteine such licence, either from our selves, or from sixe of our said Privy Counsel according to the said Law, is very inconvenient, and almost impossible; Wee have therefore thought convenient, for the ease as well of our selfe and our said Counsell, as of such of our Subjects as are of the condition mentioned in the saide Acte of Parliament, to graunt our Commission to persons of trust in certaine Ports of our Realme, lying most apt and convenient for passage, That is to say, London, the Cinque Ports, Harwich, Yarmouth, Hull, and Waymouth, to licence such women and persons under the age of twenty and one yeeres, as shall have just cause to passe out of our Realme, upon due examination had of them, to passe without perill to themselves, or the Officers of our said Ports, Notwithstanding the said Statute or anything therein conteined, And we have thought it fit to give publique knowledge hereof to al our Subjects, and to all our Officers whom it may concerne, to the ende they may know what shall bee lawfull for them to doe in those cases.

Given at the Castle of Farneham the xxiii. day of August, in the fourth yeere of our Reigne of Great Britaine, France and Ireland.

God Save the King.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie. 1606.

1 p. folio. Copies in Antiq., B. M., Crawf., P. R. O., and Q. C. Entered on Patent Rolls. Printed, in Barker's "Booke of Proclamations," p. 133.

FOOTNOTE:

[1] This Act, entitled "An Acte for the due Execution of the Statutes againste Jesuits, Seminarie Priestes Recusants &c.," is printed in Statutes of the Realm, iv. 1021, 1 James I, ch. 4, sec. 7.

[1614, September 11.]

[Importation of Whale-fins from Greenland.]

BY THE KING.

A Proclamation concerning the bringing in of Whale-Finnes into his Majesties Dominions, etc.

As Wee conceive, it cannot be construed by any Our doings or proceedings, that Wee are caried with any ambitions or unjust appetite, to covet that which appertaineth to others So it shalbe alwayes Our desire and resolution, to nourish and maintaine the happy estate of Our loving Subjects, and the honour of Our Kingdomes; not onely in the same degree, in the which We have received them; but likewise with that increase and advancement, whereof the providence of Almighty God by just occasions shal put meanes and opportunities into Our hands; and in nothing more (next unto the true worship of God, and the administration of Justice) then in the maintenance and increase of Navigation, wherein Our kingdomes both by scituation, strength of shipping, skill of Marriners, valew of Commanders at Sea, and many honourable discoveries and exploits, have for long time, and more and more of late time flourished. And whereas Our Company of Merchants for the discovery of new Trades, commonly called the Muscovia Company,[1] have with their great costs and charges, of late yeeres discovered a Land, which they call by the name of King James his Newland,[2] to the increase of Navigation and Mariners; and have further by their care and industry entred into a trade of fishing for the Whale, and procured Biscainers, skilfull in striking the Whale, to teach and instruct the English Nation therein: And whereas a principall part of the benefit of the Whale-fishing consisteth in the commoditie of Whale-finnes imported into Our Kingdomes; And that experience already sheweth, that Our owne subjects in their returne from that Fishing, are able to furnish and serve Our Kingdomes with sufficient quantity for the use of Our loving subjects: it being also a matter of delicacie, and rather to be considered as it may concerne Navigation, then in itselfe: We have therfore thought fit for the better encouragement of the said Company, and other Our Subjects, in services of like nature, to prohibite all Aliens and strangers, and also Our owne subjects, (except the said Muscovia Merchants, and that in their joynt stocke) to bring hereafter into any Our Kingdomes the said commodity.

Wherefore We do by these presents, straitly and expresly forbid and prohibite, all Aliens and strangers whatsoever, and also Our owne Subjects (others then the said Muscovia Merchants, and that in their joynt stocke) to bring into any Our kingdomes, and Dominions any Whale-finnes, upon paine of Confiscation of the same, and of Our high indignation and displeasure, and of such further punishment, as shalbe meet to be inflicted upon the offenders for their contempt in that behalfe: And We do further hereby charge and require all Our Customers, Comptrollers, Searchers and other Officers, and also the Farmors of Our Customes, and their ministers, carefully to attend every one in their severall dueties, the execution of this Our Royall Proclamation, and in no wise to permit or suffer any Whale-finnes, either directly or indirectly, openly or privately, to be brought into the Ports, or other places of any of Our kingdomes: And in case any be brought in, the same to seaze to Our use, and by all other meanes to finde out, and informe of all offences tending to the breach of this Our Royall Proclamation.

Given at Wansted the eleventh day of September, in the twelfth yeere of Our Raigne of Great Britaine, France, and Ireland, 1614.

God Save the King.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie. Anno Dom. 1614.

1 p. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls.

FOOTNOTES:

[1] The Russia, or Muscovy Company, chartered as a company of Merchant Adventurers in 1554, received from King James in 1613 an additional charter giving them the exclusive rights to the whale fishery of Greenland. For the subsequent career of this Company and their struggles with the Dutch for the possession of the Greenland trade, see Cawston and Keane, Early Chartered Companies, pp. 45-52.

[2] In 1613 the Muscovy Company set up the King's arms at Spitzbergen, calling it King James's Newland. (Anderson, Origin of Commerce, ii, 343.) In vol. iv of the Transactions of the American Antiquarian Society is printed from the original manuscript the Narrative of a Voyage to Spitzbergen, being "A Brief Description of the Country of Greenland, otherwise called King James his New Land." The rise of the Muscovy Company and its participation in the Greenland trade is carefully treated by Dr. S. F. Haven in the introduction to the Narrative. This recently discovered land was Spitzbergen and not Greenland proper.

[1617, December 23.]

[Banishing Notorious Offenders to Virginia.]

BY THE KING.

A Proclamation for the better and more peaceable government of the middle Shires of Northumberland, Cumberland, and Westmerland.

[A long proclamation for the prevention of disorders and outrages in certain shires, requiring that no person shall lease lands and tenements without sufficient surety, that all persons shall assist in the pursuit of criminals, that notorious offenders shall not receive bail except in open court, that care shall be exercised in the granting of licenses to "hostler houses and malsters," that known malefactors shall not be countenanced "by wearing of their liveries or any other dependance," that the families of offenders who have been banished shall be sent to join the fugitives, that all outlaws shall yield themselves up to the law and shall not be sheltered, that for the prevention of cattle stealing no beef shall be sold in any fair or market without the hide, that all horses, sheep and cattle shall be sold only in open fair or market, that notorious offenders shall be sent to Virginia and other foreign parts, that the use of weapons and horses be forbidden except to noblemen and gentlemen, that the overlords shall require sufficient bonds of their tenants, and that offenders shall be remanded to the place where their offense was committed. Only the paragraph regarding America is quoted.]

Item, for the more speedy suppressing, and freeing the said Countreis and places of notorious and wicked offenders that will not be reformed, but by severity of punishment; Wee have taken order for the making out a Commission to speciall Commissioners, to survey, search and finde out, and enforme Us of the most notorious and lewd persons, and of their faults, within the said Counties of Northumberland, Cumberland, and Westmerland, Riddesdale, and Bewcastle within the same: And We hereby signifie our pleasure to be upon Certificate of the said Commissioners, to send the most notorious ill livers, and misbehaved persons of them that shall so be certified, into Virginia, or to some other remote parts to serve in the Warres, or in Colonies, that they may no more infect the places where they abide within this our Realme.

* * * * * * *

Given at Our Pallace of Westminister, the three and twentieth day of December, in the fifteenth yeere of Our Raigne of Great Britaine, France and Ireland. Anno 1617.

God Save the King.

Imprinted at London by Bonham Norton and John Bill, Deputies and Assignes of Robert Barker, Printer to the Kings most Excellent Majestie. Anno M.DC.XVII.

4 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls; entered in Privy Council Register (Scotland), xi, 288.

[1618, June 9.]

[Censuring Sir Walter Raleigh for sacking St. Thomas.]

BY THE KING.

A Proclamation declaring His Majesties pleasure concerning Sir Walter Rawleigh, and those who adventured with him.

Whereas We gave Licence to Sir Walter Rawleigh,[1] Knight, and others of Our Subjects with him, to undertake a Voyage to the Countrey of Guyana, where they pretended great hopes and probabilities to make discovery of certain Gold Mines, for the lawfull enriching of themselves, and these Our Kingdoms: Wherein We did by expresse limitation and Caution restraine, and forbid them and every of them, from attempting any Acte of hostility, wrong, or violence whatsoever, upon any of the Territories, States, or Subjects of any forraine Princes, with whom Wee are in amitie: And more peculiarly of those of Our deare Brother the King of Spaine, in respect of his Dominions and Interests in that Continent. All which notwithstanding, We are since informed by a common fame, that they, or some of them have, by an hostile invasion of the Towne of S. Thome (being under the obedience of Our said deare Brother the King of Spaine) and by killing of divers of the inhabitants thereof, his Subjects, and after by sacking and burning of the said towne, (as much as in them for their owne parts lay) malitiously broken and infringed the Peace and Amitie, which hath beene so happily established, and so long inviolably continued betweene Us and the Subjects of both our Crownes.

Wee have therefore held it fit, as appertaining neerely to Our Royall Justice and Honor, eftsoones to make a publique declaration of Our owne utter mislike and detestation of the said insolences, and excesses, if any such have beene by any of Our Subjects committed: And for the better detection and clearing of the very trueth of the said common fame; Wee doe heereby straitly charge and require all Our Subjects whatsoever, that have any particular understanding and notice thereof, upon their duety and alleagiance which they owe Us, immediately after publication of this Our pleasure, to repaire unto some of Our Privy Counsell, and to discover and make knowne unto them their whole knowledge and understanding concerning the same, under paine of Our High displeasure and indignation; that Wee may thereupon proceede in Our Princely Justice to the exemplary punishment and coertion of all such, as shal be convicted and found guilty of so scandalous and enormous outrages.

Given at Our Mannor of Greenwich, the ninth day of June, in the sixteenth yeere of Our Raigne of England, France and Ireland, and of Scotland the one and Fiftieth.

God save the King.

Imprinted at London by Bonham Norton, and John Bill, deputie Printers for the Kings most Excellent Majestie. Anno M.DC.XVIII.

1 p. folio. Copies in Antiq., B. M., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Fœdera," xvii, 92, where it is dated June 11, 1618.

FOOTNOTE:

[1] Raleigh's voyage for the discovery of gold mines in Guiana (the modern Venezuela) was projected in 1616. He was released from the Tower in March of that year and sailed from Plymouth with a fleet of fourteen ships in June, 1617. The expedition seemed doomed to failure from the start, and after St. Thomas was attacked and burned in December, 1617, Raleigh was compelled to return to England without having attained his object. He landed at Plymouth in June, 1618, and after the due form of trial was executed, although upon a sentence of 1603, on October 29, 1618 (Dictionary of National Biography, vol. 47, pp. 197-200, where authorities are cited). Raleigh's commission for undertaking the voyage, dated August 26, 1616, is printed in Rymer's Fœdera, xvi, 789.

[1619, May 18.]

[Importation of Whale-fins from Greenland.]

BY THE KING.

A Proclamation inhibiting the Importation of Whale Finnes into his Majesties Dominions by any, but the Muscovy Company.

Whereas Wee by Our Proclamation given at Wansted, the eleventh day of September in the twelfth yeere of Our reigne of Great Brittaine, France, and Ireland,[1] for the reasons therein expressed, and for the incouragement of Our welbeloved Subjects, the company of Merchants trading for Muscovia, Greeneland[2] and the parts adjoyning, commonly called the Muscovia Company, did straitly and expresly forbid and prohibit all Aliens and Strangers whatsoever, and also all Our owne Subjects (others then the sayd Muscovia Merchants, and that in their joynt stock) to bring into any Our Kingdomes, and Dominions any Whale Finnes upon paine of confiscation of the same, and of Our high indignation and displeasure, and of such further punishment as should be meet to be inflicted upon the Offenders for their contempt in that behalfe.

Now forasmuch as We are given to understand, That Our sayd Proclamation took not that good effect, nor found that due obedience and conformity which We expected: We have therefore in further manifestation of our former intentions and gracious favor towards the sayd Company, thought good eftsoones to publish Our Royall pleasure heerein, and to revive and quicken Our sayd former Proclamation, which We cannot but take in ill part, hath beene so much neglected: And therefore We doe by these presents straitly charge, prohibit, and forbid, aswell all Alliens and Strangers whatsoever, as also Our naturall born Subjects and Denizens, That they nor any of them (other then the sayd Muscovia Merchants, and that in their joynt stocke onely) shall from hencefoorth directly or indirectly import, or bring into Our Kingdomes and Dominions, or any of them, any Whale Finnes, upon paine of forfeiture, and confiscation of the same, whether they be found on board of any Ship, Hoy, Boate, or Bottome, or layd on land in any warehouse, storehouse, shop, cellar, or any other place whatsoever, and upon paine of Our high Indignation and displeasure, and such other punishment, as by Our Court of Starre chamber shalbe thought meet to be inflicted upon them, or any of them, as contemners of Our Royall will and commandement in this behalfe.

And Wee doe likewise straitly charge, prohibite and forbid, aswell all Aliens and Strangers, as Our naturall borne Subjects and Denizens (other then the sayd Muscovia Merchants) that they nor any of them doe presume to buye, utter, sell, barter or contract for, any Whale finnes, knowing the same to be imported into any of our Realmes or Dominions contrary to Our wil and pleasure heerein declared, upon paine of Our high indignation and displeasure, and such further punishment as by Our said Court of Starre chamber shall bee thought meet to be inflicted upon such offenders, as contemners also of Our Royall commandement. And to the end this Our pleasure may take the better effect, We doe heereby charge, and command all Customers, Comptrollers, Searchers, Waiters, Farmors, and Collectors of Our Customes, and other our Officers and Ministers, carefully to attend every one in his severall place, the execution heereof, and in no wise to permit or suffer any Whale finnes directly or indirectly, openly or privately to be brought, or imported into any Our Kingdomes or Dominions, contrary to Our Royal pleasure heerein expressed, or being so imported, that they doe not permit, or suffer the same to bee colourably customed for other goods and Merchandize, but that foorthwith they or some of them doe seize and take to Our use all such Whalefinnes as shall be so imported, and immediately upon such seizure made, to give notice thereof in writing to Our Register for forfeitures in Our Custome house in the Port of London, upon paine to undergoe such punishment, as shalbe thought meet by the Lords of Our Privie Councell.

Neverthelesse Our intent and meaning is, That the sayd Muscovie Company, and none other, shall or may buy, and sell, barter, or contract for, any such Whalefinnes, as being imported contrary to this Our Proclamation shalbe confiscate and seized, and the same, being sold by the sayd Company, may be afterward bought, contracted for, and used by any other Our Subjects at their wil and pleasure. Any thing heerein contained to the contrary notwithstanding.

Given at Our Mannour of Greenwich, the eighteenth day of May, in the seventeenth yeere of our Raigne of England, France, and Ireland, and of Scotland the two and fiftieth.

Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most excellent Majestie. Anno. M.DC.XIX.

2 pp. folio. There are two issues slightly varying in set-up. Copies in Antiq., B. M., Dalk., I. T., P. C., P. R. O., and Q. C.

FOOTNOTES:

[1] Refers to the proclamation of September 11, 1614. In 1618 the East India Adventurers had joined stock with the Muscovy Company to form one joint company for the whale fishery, but after two years of unsuccessful adventuring the agreement was dissolved (Anderson, Origin of Commerce, ii, 360, 367).

[2] Spitzbergen, rather than Greenland proper.

[1619, October 6.]

[Manufacture of Tobacco-pipes.]

An abstract of some branches of his Majesties late Charter, Granted to the Tobacco-Pipe makers of Westminster; declaring his Majesties pleasure touching that Manufacture, and also all persons whom it may concerne.

James by the grace of God, King of England, Scotland, France and Ireland, &c. Whereas Wee have been informed by the complaint of divers of Our poore Subjects, the ancient Makers of Tobacco-Pipes within this Our Realme, That for want of power and priviledge to retaine their Apprentises and Servants during their Apprentiship (who commonly depart from them before they have served their tearmes, or attained to the knowledge of their Art) they are much prejudiced both in their Trades and meanes of living, by their excessive making and uttering of ill Ware, And Our Subjects who have use of that Manufacture, are thereby greatly abused and deceived: And not only so, but to their Masters farther impoverishment, these loose and idle persons doe instruct and teach others of as bad qualitie as themselves, to make and sell like ill and deceitful ware. Besides, for that the said Art of making Tobacco Pipes is easily learned, sundry of our Subjects trained up in other Trades more useful for the Realme, doe forsake the same and take up this of making Tobacco-Pipes: And others who have other good Trades to live upon, intrude themselves into this also, and use both, to the hinderance and overthrow of those who anciently practised the same. And whereas for the better reforming of all those disorders, to cut off the superfluous straglers and late intruders, to reduce them to a competent number, and to settle good government amongst them (this Trade being a new Trade, never yet ordered by any Law or Policie, and which concerneth not any Commoditie of necessitie for our Common-weale, but a superfluous pleasure, necessarie to be regulated by Our Royall power and authoritie) We have therefore thought fit by Letters Patents under Our Great Seale, to Incorporate a certaine number of choice and selected persons, who have either served as Apprentices, or have otherwise practised that Art by the space of seven yeers, to whom and whose Servants, Apprentices, and such others as shall be by them admitted into that Societie for their skill and honest conversation, Wee intend to appropriat the said Art, and to restraine all others from taking that benefit which in no right belongeth unto them.

And to the end that all our loving Subjects may take knowledge of Our pleasure expressed in our Charter, that it may be duly observed without pretext of ignorance, Wee doe heereby declare Our expresse will and pleasure to be, and doe straightly charge and command, That no person or persons whatsoever, other then such as are members of the said Societie of Tobacco-pipe makers of Westminster, or which have by the space of seven yeares at the least beene bound to (or exercised) that Art, or such others as shall be chosen into the Societie by the said Societie, shall not presume (from the date of these presents) directly nor indirectly to make any manner of Tobacco-pipes within this Our Realme of England or Dominion of Wales, nor shall bring in or import any manner of Tobacco-pipes from beyond the Seas, or from Our Realme of Scotland; Nor shall utter, sell, or put to sale any Tobacco-pipes so made or brought into this Our Realme of England and Dominion of Wales, contrary to Our pleasure heerein declared Upon paine not only of forfeiture of all such Manufacture, but of incurring such penalties, imprisonments and punishments, as by the Lawes and Statutes of this Our Realme, or by Our prerogative Royall may be inflicted upon the offenders in this kind for their contempt or neglect of Our Royall Will and Commandment. And further, for the better discovering and suppressing of all secret and under-hand making or uttering of the said Manufacture by such as are not members of this Societie or otherwise enabled as aforesaid, Wee doe require, charge, and straightly command all Our loving Subjects (especially such Retaylers as shall buy Tobacco-pipes to sell againe) that they, nor any of them directly, nor indirectly, shall buy, acquire, get or obtaine any Tobacco-pipes whatsoever of or from the hands of any person or persons, not being knowne members of the said Societie, And to that end it is provided, that all Tobacco-pipes made by the said Company, shall be brought to the Common Hall of the said Societie, there to be proved whether the same be good and marchantable ware, before they shall be uttered or put to sale; (where they may be bought of all Our loving Subjects) Upon paine of undergoing of Our displeasure, and such paines and penalties as shall or may ensue thereupon for such contempt against Our will and Our prerogative Royall. And for the full effectuating of Our pleasure heerein, These are to command and straightly charge, That all the said Tobacco-pipe Makers aforesaid, shall forthwith take knowledge of our Charter by these presents, and by resorting to the said Societie in London, where they shall receive such Orders and Ordinances as shall be constituted and made by the Master, Wardens, and Assistances of the said Societie for the benefit of the said Societie. And lastly, We will and do hereby require all Mayors, Sherifes, Justices of Peace, Bailifes, Constables, and all other Officers and Ministers whatsoever, That they and every of them in their severall Offices and Places be from time to time ayding and assisting to the said Master, Wardens, and Societie in the due execution and accomplishment of this Our Royall Will and Commandment, as they tender Our pleasure, and will avoid the contrary.

Witnesse Our selfe at Westminster the sixth day of October, in the seventeenth yeere of Our Raigne of England, France, and Ireland, and of Scotland, the three and Fiftieth.

1 p. folio. Copy in Antiq.

[1619, November 10.]

[Inspecting of Tobacco.]

BY THE KING.

A Proclamation concerning the viewing and distinguishing of Tobacco in England and Ireland, the Dominion of Wales, and Towne of Barwicke.

Whereas divers good and necessarie provisions have beene heretofore made, as well by Act of Parliament, as otherwise, for the well garbling of Spices and Drugges, to the intent the Subjects of this Our Realme should not bee occasioned to use any unwholesome Spices or Drugges, to the impayring of their health, or to buy the bad instead of the good, to the impairing of their substance. And for as much as the Drugge called Tobacco, being of late yeeres growne frequent in this Our Realme and other Our Dominions, is daily sold ungarbled, whereby more inconvenience groweth and ariseth to Our loving Subjects, then by any other Drugge whatsoever. And for that also by the manie and sundrie abuses practised and committed by Merchants, Masters of Ships and others, in concealing and uttering the said Tobacco without paying any Impost or Custome for the same, great losse and dammage accrueth to Us, notwithstanding any Lawes, Statutes or other course heretofore taken for preventing thereof: For remedie of all which Inconveniences, Wee, by our Letters Patents under our great Seale of England, bearing Date, at Westmynster the five and twentieth day of May now last past, did prohibite and forbid, That no person or persons should at any time after the day of the Date of our said Letters patents within Our Realme of England, the Dominion of Wales, and Port and Towne of Barwicke, or any of them; or within Our Realme of Ireland, or any part of them or any of them, by himselfe or themselves, or his or their servants or factours, or any others, directly or indirectly sell or put to sale; or attempt, presume or goe about any manner of way to sell or put to sale, either in grosse or by retaile, any Tobacco, of what sort, kind or growth soever, before the Custome and Impost thereof due, were paid; and the same Tobacco were viewed, distinguished and sealed by the Officer or Officers of Us, Our Heires and Successours, in that behalfe to be constituted and appointed; For whose labour, travell, charges and expences in that behalfe to be sustained and taken in the execution of the said Office: Wee did by the said Letters Patents, constitute and appoint, That they should and might from time to time, demand, take and receive to their owne use, of every person and persons whose Tobacco they should so garble, viewe and seale, the summe of foure pence of currant English money, for every pound weight thereof so viewed and sealed.

And Wee did also by Our said Letters Patents (for the considerations therein mentioned) give and grant the said Office, with the powers, fees and authorities before mentioned to Our welbeloved Subjects, Francis Nichols, Jasper Leake and Philip Eden, Gentlemen, to be executed by them or their Deputies or Assignes for thirtie and one yeeres next ensuing the Date of the said Letters Patents.

And Wee did further by Our said Letters, for Us, Our Heires and Successours, give and grant unto the said Francis Nichols, Jasper Leake and Philip Eden, and their Assignes, and to all and every person and persons, which by them or any of them, by writing under their or any of their hands and Seales, should bee in that behalfe deputed and assigned, full power and authoritie during the terme aforesaide, as well to bee present and to have place in all manner of Custome-houses, Ports, Havens, Creeks and places of lading or unlading of any manner of Goods, Wares or Merchandizes, into or out of the said Realmes and Dominions: As also to be present with all and every the Customers, Collecters, Searchers, Surveyers, Waiters, and other Officers and Ministers having charge for or concerning the lading or unlading of any Goods, Wares or Merchandizes, for their better executing of all and everything and things thereby appointed, and for their better receiving and enjoying of the benefit of Our said Grant at all times and places, where the said Officers and Ministers or any of them, should by reason of their said severall Offices have cause or occasion to be: And also in all and every place or places, as well in Ships arrived with Tobacco, and riding in any Port, Roade or River, as on the Land, to make and appoint such and so many Watchmen, Waiters and Officers, and to provide and use such reasonable waies, orders and meanes, as they the said Francis Nichols, Jasper Leake and Philip Eden, and their Assignes and Deputies should and might be just and truely informed of all parcels and quantities of Tobacco, as should at any time or times during the said Grant, be brought into any Port or place, or be planted or growing in any place or places of the said Realmes and Dominions or any of them.

And also that it should and might be lawfull, to and for the said Francis Nichols, Jasper Leake, and Philip Eden, and their Assignes, and their and every of their Deputies and Substitutes, at all and every time and times during the terme aforesaid, in lawfull and convenient maner, with a Constable or other Officer of the place, as well to goe on board, view, and survay all Shippes, Vessels, or Bottomes, riding or lying within any of the Ports, Havens, Creekes and places of lading or unlading, within Our saide Realme of England, Dominion of Wales, Port or Towne of Barwicke, or Realme of Ireland, or any the members or places thereunto belonging, as to goe into any House, Celler, Vault, Warehouse, Shop, or other place within the said Realmes and Dominion, and Port, or Towne of Barwicke, or any part of them, or any of them to search and view if there be any Tobacco uttered, sold, or put to sale, or offered to be sold, or put to sale before the same be viewed, distinguished, and sealed contrary to the true meaning of the said Letters patents.

And We did also by the said Letters for Us, Our Heires and Successors, require, charge and Command all and singular Maiors, Shiriffes, Justices of Peace, Bailiffes, Constables, Headboroughes, Customers, Comptrollers, Searchers, Surveyors, Waiters, and all other Officers, Ministers, and Subjects whatsoever, of Us, Our Heires and Successors, as well of the said Realme of England, Dominion of Wales, and Port and Towne of Barwicke, as of the said Realme of Ireland, That they and every of them, should from time to time during the continuance of that Our graunt, be aiding and assisting to the said Francis Nichols, Jasper Leake, and Philip Eden, and their Assignes, and to every of them, their and every of their Deputie and Deputies, Substitute and Substitutes, in the due Execution of all and every the powers and authorities expressed in the said Letters Patents, upon paine of the displeasure of Us, Our Heires and Successors, and as they would answere the contrary at their perils; as by the said Letters Patents more at large appeareth.

Wee now, to the intent Our will and pleasure in the premisses may be the better knowne to all Our loving Subjects whom it may concerne, Doe hereby notifie, publish and declare the same Our pleasure, willing and commanding that all and every the premisses, be from time to time in every respect duely performed, executed and observed according to the true intent and meaning of the same Our Letters Patents. And that no person or persons doe attempt or presume to violate or infringe Our Command hereby; or by Our said Letters Patents declared or expressed, upon the paines and penalties therein contained. And We doe also hereby Charge and Command, as well all and singular Merchants, and other person and persons whatsoever, which shall import any Tobacco of what sort soever, That they cause the same to be duely entred in the Custome house belonging to the Port or place where it shall bee landed, in the name or names onely of the true proprietor or owner, proprietors or owners thereof, and not in the name or names of any other person or persons which is not the true owner thereof; As also all Our Customers and other Officers whatsoever, That they take speciall care and regard to the due performance of the same, as they tender Our pleasure, and will avoide the contrary.

Given at Theobalds the tenth day of November, in the seventeenth yeere of Our Reigne of Great Brittaine, France, and Ireland.

God save the King.

Imprinted at London by Bonham Norton, and John Bill, Printers to the Kings most Excellent Majestie. Anno MDC.XIX.

2 pp. folio. There are two issues varying only in set-up. Copies in Antiq., Camb., I. T., P. C., P. R. O., and Q. C.

[1619, December 30.]

[Forbidding Planting of Tobacco in England.]

BY THE KING.

A Proclamation to restraine the planting of Tobacco in England and Wales.

It is not unknowen what dislike Wee have ever had of the use of Tobacco, as tending to a generall and new corruption, both of mens bodies and maners: Neverthelesse it is of the two, more tolerable, that the same should be imported amongst many other vanities and superfluities which come from beyond the Seas, then permitted to be planted here within this Realme, thereby to abuse and misimploy the soile of this fruitfull Kingdome: For which purpose by Our direction, Letters of late have beene addressed from our Councell of State, prohibiting the plantation thereof within a certaine distance of Our City of London: But entring into further consideration of the manifold inconveniences of suffering this nourishment of vice, (and nothing else) as a noysome and running Weede, to multiply and overspread within this Our Kingdome, Wee are resolved upon many and weightie reasons of State, to make the said Prohibition generall.

For first, Wee are informed, That whereas the use of forreine Tobacco was chiefly vented, and received in Cities and great Townes, where ryot and excesse useth to take place, it is now by the Inland plantation become promiscuous, and begun to be taken in every meane Village, even amongst the basest people.

Secondly, Wee are given to understand from divers persons of skill and experience, That the English Tobacco, howsoever some doe presume or imagine by industrie and experience to rectifie it, and make it good (wherein it is easie for opinion to doe mischiefe) yet it is certeinly in it selfe more crude, poysonous and dangerous for the bodies and healths of Our Subjects, then that that comes from hotter Climates; So that the medicinall use of Tobacco (which it is that that is onely good in it, and to be approoved) is in this kind also corrupted and infected.

Thirdly, Whereas Our Colonies and Plantations in Virginia and the Sommer Islands, (being proper and naturall Climates for that plant, and the true temper thereof) receive much comfort by the Importation thereof into this Kingdome, (which it is to be respected at least in the Interim, untill Our said Colonies may grow to yeeld better and more solide commodities) Now the said Trading from thence is and will be by the Plantation within this Realme, choaked and overthrowen.

Fourthly, Wee doe find also, that the reason that mooved Us to interdict the planting thereof neere the Citie of London, (which was in regard of the conversions of garden grounds, and rich soyled grounds from divers Roots and Herbes, fit for victuall and sustenance, unto this harmefull vanitie) extendeth likewise unto all Cities, Townes and Villages, and rather more, by how much the povertie is greater there, then here above.

And lastly, for that it doeth manifestly tend to the diminution of Our Customes, which is a thing, that although in case of good Manufactures, and necessary commodities Wee doe little esteeme; Yet where it shall be taken from Us, and no good but rather hurt thereby redound to Our people, Wee have reason to preserve.

Wee therefore intending in time to provide a remedie for this spreading evill, which hath in a very few yeeres dispersed it selfe into most parts of Our Kingdomes, doe hereby straightly charge and command all and every person and persons of what degree or condition soever, That they or any of them, by themselves, their servants, workemen or labourers, doe not from and after the second day of Februarie next, presume to sow, set, or plant, or cause to be sowen, set or planted, within this Our Realme of England, or Dominion of Wales, any sort or kinde of Tobacco whatsoever, And that they or any of them, shall not, or doe not hereafter maintaine, or continue any olde stockes, or plants of Tobacco, formerly sowen or planted, but shall foorthwith utterly destroy and roote up the same, converting and imploying the ground and soyle thereof to some other lawfull uses and purposes, as to them shall seeme best, upon paine of contempt of Our Royall commandement, to be proceeded with according to Our Lawes, and Prerogative Royall with all severitie.

And therefore, for the more due execution of the premisses, Wee doe further will, require and command all Mayors, Sheriffes, Justices of Peace, Bayliffes, Constables, and other Officers and ministers, to whom it shall or may appertaine, That they and every of them, shall from time to time diligently and carefully intend the due and exact observation of this Our Royall pleasure, And that they permit not, nor suffer any thing to be done, contrary to the true intent and meaning of this Our Proclamation, but withstand the same to their uttermost power, as they tender Our service: And further that they take order that such offenders, labourers, or workemen, as shal persist in the sowing or planting of Tobacco, in this Our Realme or Dominion of Wales, or in the maintaining or continuing any old stocks, or former plantations thereof hereafter, may be called before them, and be bound in Recognizances of good summes to Our use, to appeare in Our Court of Starrechamber, there to be prosecuted by Our Attourney generall, as contemners of Our expresse Commandement, Proclamation, and Prerogative Royall; wherein (especially in a cause of this nature) Wee will expect, and require of all Our Subjects, their due conformitie and obedience.

Given at Our Palace of Westminster the thirtieth day of December, in the seventeenth yeere of Our Reigne of Great Britaine, France and Ireland.

God save the King.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno MDC.XIX.

2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C.

[1620, May 15.]

[Forbidding Roger North's Expedition to Brazil.]

BY THE KING.

A Proclamation declaring his Majesties pleasure concerning Captaine Roger North, and those who are gone foorth as adventurers with him.

Whereas Roger North[1] Esquier, with divers others of Our Subjects, as Adventurers for the intended Plantation and setling of Trade and Commerce in those parts of the Continent of America neare and about the River of Amazones (which were presupposed not to be under the obedience and governement of any other Christian Prince or State) hath secretly conveyed himselfe away and hath disloyally precipitated and imbarqued himselfe, and his fellowes, and sodainly set to Sea with a pretended purpose to prosecute that designe, contrary to Our Royal pleasure and Commandement expresly signified unto him by one of Our principall Secretaries, Our Admirall of England having also refused him leave to go: We then having out of weightie considerations, and reason of State, and upon the deliberate advise of Our Privy Councell resolved to suspend and restraine the said Plantation and voyage for a time, and having thereupon streightly charged and commanded him the said North upon his duty and aleageance, that hee and his Associates should for a while surcease their Provisions, and should stay themselves and their Shipping, which they had already prepared, untill Our further pleasure should be made knowen unto them.

Wee have therefore held it fit hereby to make a publique Declaration of Our utter mislike and disavowement of this their rash, undutiful and insolent attempt; and do hereby revoke, annihilate and disanull all Power, Authoritie, jurisdiction, or Commission whatsoever, which he the said North, or any of his Complices may pretend in any sort to derive and hold from or under Us; and do hereby charge aswell him the said North, as all his Companions and followers, immediately upon the first notice that shall be given him or them of this Our pleasure, that they shall make their speedie returne directly home, with all their shipping and munitions into this Our Kingdome of England, assoone as the windes and weather shall permit them; and being heere arrived shall foorthwith present themselves in person unto some of Our Privie Councel, under paine of being heereby declared guiltie of high contempt and rebellion, in case they shall disobey this Our expresse commandement.

And Wee doe further heereby straitly require and charge aswell the Governours, as all other the Partenors and Adventurers, any wayes concerned, or interested as members of the Companie and Incorporation intended for that Plantation, as all other Merchants, Captaines, Masters, and Officers, of Ships, Saylors, Marrinors, and all other our loving subjects whatsoever, that they shall in no sort ayd or abette, nor comfort him the said North, nor any of his Complices with any supply of shipping, men, money, munition, victuals, merchandise, or other commodities or necessaries whatsoever: but that aswell all and every Our Admirals, Vice-Admirals, and other Our Officers and Commanders of Our Ships, or Pinnaces, as all other Captaines and Masters of any of Our subjects ships and vessels whatsoever, that shall happen to meete with him the saide North, or any of his Company at sea, or in any Harbour, Port, or Creeke wheresoever, shall in Our Name attach, seize, and summon him, or them, and their shipping, to returne immediately home, and shall foorthwith bring them backe to some of Our Ports of this Our Kingdome, and there commit them and their Ships to the charge of such Our Officers, as it shall respectively appertaine unto, untill Wee (having received information of their such returne, which Wee will expect from Our said Officers, who shall so stand incharged with them) shall give further order concerning them, aswell their persons as their shipping and munitions. Wherein Wee doe expresly charge and command aswell him the said North, and all his Company, Abettors, and Adherents, and all the rest of that Company and Incorporation intended, as all and every other Our Officers by Land or Sea, and all other Captaines, Masters, and Marriners in any of Our subjects ships, and all other Our loving subjects whatsoever, faithfully, diligently, and carefully to observe, doe, and performe in their severall qualities and places, that which Wee have heereby required of them, according to every of their duties, charges, and imployments, upon paine of Our high displeasure and indignation, and as they will answere the contrarie at their uttermost perill.

Given at Our Manour of Greenwich this fifteenth day of May, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.

God save the King.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno Dom. M.DC.XX.

2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Fœdera," xvii, 215.

FOOTNOTE:

[1] Capt. Roger North, who had been a member of Raleigh's unfortunate expedition to Guiana, petitioned the King in 1619 for letters patent authorizing him to establish the King's right to the coast and country adjoining the Amazon River and to found a Plantation there. On April 18, 1619, the Privy Council authorized the Solicitor General to prepare a bill for granting him privileges for a Plantation which should "extend from the River of Wyapoco [Oyapok] to five degrees of southerly latitude, from any part or branch of the River of Amazons otherwise called Oreliana and for longitude into the Land to be limited from sea to sea." This was then esteemed to be part of Guiana, but is now territory of Brazil. Provided with a passport, but without express leave from the King, North sailed from Plymouth in May, 1620. The King, inspired by the remonstrances of Spanish agents, then issued the proclamation of recall. Although his cruise prospered, his ship being "well fraught" with 7000 pounds of tobacco, he returned to England as soon as he heard of the warrant against him. He was imprisoned in the Tower in January, 1621, and his cargo was confiscated. He soon succeeded in obtaining his release and later made good his claim to the restitution of the tobacco (see Acts of Privy Council, Colonial, i, 23-48; Calendar of State Papers, Colonial, 1574-1660; Dict. of National Biography, xli, 174.)

[1620, May 27.]

[Manufacture of Tobacco-pipes.]

BY THE KING.

A Proclamation commanding Conformity to his Majesties pleasure, expressed in his late Charter to the Tobacco-pipe-makers.

Whereas divers of the poorer sort of Our Subjects have heretofore lived by the trade of making Tobacco pipes, but for want of power to retaine and keepe their Apprentices and servants in due obedience, and to restraine others from intruding upon their Arte, the auncient Makers have not so well prospered as was desired: For prevention of which inconveniences, and for reducing the workemen in that trade to such a competent number, as they might bee governed after the example of other Societies, who florish by ranging themselves under good Orders; We did by Our late Charter Incorporate a selected number of the most ancient, and such others as they for skill and honestie should admit into their Socitie: Thereby prohibiting all others who were not members thereof, to make any sort of Tobacco-pipes within Our Realme of England or Dominion of Wales; And thereby also commanding, that no person or persons directly, or indirectly should buy Tobacco-pipes to sell againe, of, or from the hands of any others then the knowne Members of the said Societie. Yet neverthelesse being lately informed by Certificate from sundry Our Justices of Peace of Our Counties of Middlesex and Surrey (who in due obedience of Our Royall pleasure, declared in Our said Charter, did in person assist the execution of the same) That divers lewde and obstinate offenders, had fortified themselves in their houses with weapons, And in contempt of Our Regall Authority resisted them, comming with the severall Warrants of the Lord Chiefe Justice of Our Bench, and other the Justices of Peace within Our Citie of London, and the said counties of Middlesex and Surrey; And also that there were divers il disposed persons (who delighting to oppose al good orders) contemptuously maintained these underhand offendors, some by harboring the unlawfull Makers of Tobacco-pipes secretly in their houses, there to make them contrary to Our Charter, to the end to partake of the stolne profit thereof; Others, by buying secretly this under-hand made ware, in contempt of Our Authority, and with an evill intent of overthrowing this Societie which we have sought to establish.

Now therefore, that by the presumptuous example of these disobedient persons, others may not be incouraged hereafter by impunity to presume to resist and contemne Our Royall Commandement in matters of greater moment, or to withstand the authority of Magistrates and government, These are to charge and straitly command, that no persons whatsoever within this Our Realme of England and Dominion of Wales shall hereafter presume to make any manner of Tobacco-pipes, but such as are or shall bee members of the said Societie: nor shall presume to harbour in their houses any Tobacco-pipe-makers to use their trade there, who are not of the said Societie; nor that any person or persons (especially who buy Tobacco-pipes to sell againe) shall at any time, or in any place buy or obtaine by any meanes, directly or indirectly any Tobacco-pipes whatsoever, from any under-handmakers or others, but only from such as are knowne members of the said Societie, and that at their common Hall, or other knowne Warehouses appointed, or hereafter to bee appointed, where they may bee bought by all Our loving Subjects, upon paine of Our high displeasure, and such punishments as are due for such contempts, whereof We shall require a strict account by proceeding against the offendours in Our Court of Starre-Chamber.

Further commanding, that if at any time heereafter any person shall bee so audacious as to fortifie themselves in their houses, or in the houses of any other, or to withstand Our will and pleasure heerein, or to resist Our authoritie given and imparted to Our Lord chiefe Justice and others, in the search or apprehension of them, or any of them; Then Wee doe heereby will and require, that sufficient power be had and taken by such who shal have such Warrants, to apprehend such obstinate and contemptuous persons, and to carry them before Our said chiefe Justice, or other Justice of the Peace, that punishment may be inflicted on them in the severest manner Our Lawes will permit by imprisoning their bodie, till they have put in sufficient suretie for their good behaviour afterwards. Heereby further, straitly charging Our Atturney generall for the time being, that he cause all and every such wilfull and disobedient persons, for such their high contempt in this behalfe, to be prosecuted in Our Court of Starre-Chamber (where Our will is they shall bee sharpely punished) according to the measure of such their audacious and bold resistance of Our Royall commandement. And to the intent that these fraudes and abuses may the better be found out and punished, Our pleasure is, that it shall and may bee lawfull for any two, or more of the said Societie, together with a lawfull officer to enter into any suspected place or places, at lawful and convenient times, there to search for, and finde out any under-hand made, or sold Tobacco-pipes; And all such so found to seize, take, and carry away, and them safelye to keepe to bee disposed of, according to the tenor of Our sayd Charter.

And lastly, for the full execution of this Our Royall Commandement, Wee will and require the Lord Maior of our Citie of London, for the time being, and all other Maiors, Shiriffes, Justices of Peace, Bailiffes, Constables, and all other Officers and Ministers whatsoever; That they and every of them in their severall Offices and places, bee from time to time ayding and assisting to the Master, Wardens, and Societie of Tobacco-pipe makers in the due execution and accomplishment of this Our Royall will and Commandement, as they tender Our pleasure, and will answere the contrary at their perill.

Given at Our Court at Theobalds the seven and twentieth day of May, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.

God save the King.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno Dom. M.DC.XX.

2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls.

[1620, June 29.]

[Restraining Disorderly Trading in Tobacco.]

BY THE KING.

A Proclamation for restraint of the disordered trading for Tobacco.

Whereas Wee, out of the dislike Wee had of the use of Tobacco, tending to a generall and new corruption both of mens bodies and maners, and yet neverthelesse holding it of the two more tolerable, that the same should be imported amongst many other vanities and superfluities, which came from beyond the Seas, then permitted to be planted here within this Realme, thereby to abuse and misimploy the soile of this fruitfull Kingdome, did by Our Proclamation dated the thirtieth day of December now last past straitly charge and commaund all and every person and persons, of what degree or condition soever, That they or any of them by themselves, their servants, workemen or labourers should not from and after the second day of February then next following, presume to sow, set or plant, or cause to be sowen, set or planted within this Our Realme of England, and the Dominion of Wales, any sort or Kinde of Tobacco whatsoever, and that they, or any of them, should not maintaine or continue any olde stockes or plants of Tobacco formerly sowen or planted, but should forthwith utterly destroy and root up the same. And whereas We have taken into Our Royall consideration as well the great waste and consumption of the wealth of Our Kingdomes, as the endangering and impairing the health of Our Subjects, by the inordinate libertie and abuse of Tobacco, being a weede of no necessary use, and but of late yeeres brought into Our Dominions, and being credibly informed, that divers Tobacconists, and other meane persons taking upon them to trade and adventure into the parts beyond the Seas for Tobacco, to the intent to forestall and engrosse the said commoditie, upon unmerchantlike conditions, doe transport much Gold bullion and Coyne out of Our Kingdomes, and doe barter and vent the Staple commodities of Our Realme at under-values, to the intent to buy Tobacco, to the discredit of Our native merchandizes, and extreame enhansing of the rates and prices of Tobacco, and the great disturbance and decay of the Trade of the orderly and good Merchant: We taking the premisses into Our Princely consideration, and being desirous to put a remedie to the said inconveniences, which Wee have long endeavoured, though with lesse effect then Wee expected, have resolved to make some further redresse, by restraining the disordered traffique in that commoditie, and reducing it into the hands of able persons that may manage the same without inconvenience, whereby the generall abuse may be taken away, and the necessary use (if any be) may be preserved. We doe therefore not only by these presents, straitly charge and commaund, That Our said Proclamation restraining the planting of Tobacco, be in every respect observed and performed according to the tenour thereof, upon the penalties therein contained; but also that no person or persons whatsoever, Englishmen, Denizens or Strangers, (other then such as shall be authorized and appointed thereunto by Letters Patents under Our great Seale of England) doe import or cause to be imported into this Our Realme of England or Dominion of Wales, or any part of them or either of them, any Tobacco, of what nature, kind, or sort soever, after the tenth day of July next ensuing the date hereof, from any the parts beyond the Seas, upon paine of forfeiture to Us of all such Tobacco so to be imported contrary to the true meaning of these Presents, and upon such further paines and penalties as by the Lawes and Statutes of this Realme, or by the severitie or censure of Our Court of Starrechamber may be inflicted upon the offendors, for contempt of this Our Royall command. And likewise that no Master, Merchant, or Purser of any Ship or other Vessell, doe at any time or times after the said tenth day of July, presume or attempt to take into their ships to be imported into this Realme and Dominion, or either of them, any sort, maner, or quantity of Tobacco whatsoever, but onely to the use of such person and persons as shalbe so as aforesaid authorized and appointed under Our great Seale of England to import the same, and which shalbe by them, their deputies, servants or factors delivered to the said Masters, Merchants or Pursers of Ships to be imported, upon the paines and penalties aforesaid.

And to the intent that no such offendor may colour or hide his offence and contempt, by shadowing the Tobacco to be brought in, contrary to Our pleasure before expressed, under pretence of former store, We doe hereby signifie and declare Our will and pleasure, and doe straitly charge and command, That all and every person and persons which now have, or hereafter shall have within or neere the Cities of London or Westminster, in their hands, custody or possession, any Tobacco heretofore imported, or hereafter and before the said tenth day of July now next ensuing to be imported into this Realm, amounting to the quantitie of ten pounds weight or above, shall before the said tenth day of July now next comming, bring the same unto the house commonly called, The Hawke and Feasant, situate in Cornehill in the said citie of London, and shall cause the same to be there sealed and marked by such person and persons, and with such marke or Seale as by Us shalbe for that purpose assigned and appointed, without giving any Fee or allowance for the said Seale or marke.

And to the intent that the Tobacco to be hereafter imported by Warrant or Authoritie under Our great Seale, may be knowen and distinguished from such as shall be secretly and without Warrant brought in by stealth, We doe likewise charge and command, that all such Tobacco as from and after the said tenth day of July shall be imported by force of any such warrant or Authoritie and none other, except the old store aforesaid to be sealed as aforesaid, shall be sealed and marked with such Seale and marke as aforesaid. And we doe hereby prohibite all person and persons from and after the said tenth day of July, to buy, utter, sell or vent within the said Kingdome and Dominion, or either of them, any Roll or other grosse quantitie of Tobacco whatsoever, before the same be so as aforesaid marked or sealed, upon paine of forfeiture unto Us of all such Tobacco so bought, uttered, solde or vented contrary to the intent of these Presents, and upon such further penalties as by Our Lawes, or by the censure of Our Court of Starrechamber may be inflicted upon the offenders, as contemners of Our Royall command.

And for the better execution of this Our Pleasure, Wee doe hereby command all and singular Customers, Comptrollers, Searchers, Waiters, and other officers attending in all and every the Ports, Creeks, or places of lading or unlading, for the taking, collecting, or receiving of any Our Customers, Subsidies or other duties, to take notice of this Our pleasure: and We do hereby command, and give power and authority unto them, and every or any of them, from time to time, as well to search any Ship or other Vessell or Bottome, riding or lying within any Port, Haven or Creeke within their severall charge and place of attendance, for all Tobacco imported contrary to the intent of this Our Proclamation, and the same being found, to seize and take to Our use; as also to take notice of the names, and apprehend the bringers in, and buyers of the same, to the end they may receive condigne punishment for their offences, upon paine that every of the said Officers which shalbe found negligent, remisse or corrupt therein, shall lose his place and entertainment, and undergoe such paines and penalties as by Our Lawes, or the censure of Our said Court of Starrechamber may be inflicted upon them for the same.

And likewise We doe hereby will, ordaine, and appoint, That it shal and may be lawfull to and for such person and persons, as shalbe so as aforesaid authorized and appointed by Letters Patents under Our great Seale, to import Tobacco by himselfe or themselves, or his or their Deputie or Deputies, with a lawfull Officer to enter into any suspected places at lawfull and convenient times, and there search, discover and finde out any Tobacco imported, uttered, solde or vented, not marked or sealed as aforesaid, contrary to the true meaning hereof, and all such Tobacco so found, to seize, take away and dispose of, and the owners thereof, or in whose custody the same shalbe found, to informe and complaine of, to the end they may receive punishment according to Our pleasure before herein declared.

And further, We doe by these Presents will and require all and singular Mayors, Sheriffes, Justices of Peace, Bayliffes, Constables, Headboroughes, Customers, Comptrollers, Searchers, Waiters, and all other Our Officers and Ministers whatsoever, That they and every of them in their severall places and offices be diligent and attendant in the execution of this Our Proclamation, and also aiding and assisting unto such person and persons, and his and their Deputies and Assignes as we shall so as aforesaid authorize and appoint to import Tobacco, aswell in any search for discovery of any acte or actes to bee performed contrary to the intent of these Presents, as otherwise in the doing or executing of any matter or thing for the accomplishment of this Our Royall Command. And lastly Our will and pleasure is, and Wee doe hereby charge and command Our Atturney generall for the time being, to informe against such persons in Our Court of Starrechamber from time to time, whose contempt and disobedience against this Our Royall command shall merit the censure of that Court.

Given at Our Manour of Greenwich the nine and twentieth day of June, in the eighteenth yeere of Our Reigne of England, France and Ireland, and of Scotland the three and fiftieth.

God Save the King.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno Dom. M.DC.XX.

2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Fœdera," xvii, 233.

[1621, March 8.]

[Suppressing Lotteries in Virginia.]

BY THE KING.

Whereas, at the humble suit and request of sundry Our loving and well disposed Subjects, intending to deduce a Colony, and to make a Plantation in Virginia, Wee, for the inlarging of Our Government, increase of Navigation and Trade, and especially for the reducing of the savage and barbarous people of those parts to the Christian faith, did incorporate[1] divers Noblemen, Gentlemen and others, adventurers in the sayd Plantation, and granted unto them sundry Priviledges and Liberties; amongst which, for their better helpe and assistance to raise some competent summes of money to prosecute the same Plantation to a happy end, Wee did grant them licence to set foorth, erect, and publish Lotteries, to continue for one yeere after the opening of the same, and further, during Our pleasure; which liberty hath been by the same Company put in use divers yeeres past. Now forasmuch as We are given to understand, that although Wee in granting the sayd Licence, had Our eye fixed upon a religious and Princely end and designe, yet the sayd Lotteries, having now for a long time been put in use, doe dayly decline to more and more inconvenience, to the hinderance of multitudes of Our Subjects.[2]

Wee whose care continually waiteth upon the generall welfare of Our people, have thought it expedient, for the generall good of Our Subjects, to suspend the further execution of the saide Lotteries, untill upon further deliberation and advisement, We shall be more fully informed of the inconveniences and evils thereby arising, and may ordaine due remedy for the same, without any conceit of withdrawing Our favour in any degree from the said Company or plantation, and good worke by them intended.

And therefore We doe heereby expresly charge and command the sayd Company and their successors, and all their Officers, Ministers, and Servants, and all others, That from hencefoorth they desist and forbeare, to use or execute any manner of grant or Licence from Us, for the keeping and continuing of any Lotterie, or to keepe or continue any Lotterie, within this Our Realme of England or the Dominions thereof, untill such time as Wee shall declare Our further pleasure therein. And Wee likewise require all Justices, Officers, and Ministers whatsoever, from hencefoorth, diligently and carefully to see this Our pleasure executed, and to punish the infringers thereof, as contemners of Our Royall command.

Given at Our Palace of Westminster the eighth day of March, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.

God save the King.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. M.DC.XX.

1 p. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C.; also John Carter Brown Library.

FOOTNOTES:

[1] The third charter to the Virginia Company, granted March 12, 1612, contained four clauses, sections xvi-xix, regarding the conduct of lotteries (Brown's Genesis of the United States, ii, 552).

[2] The Privy Council, upon complaint of the House of Commons, took action regarding the suspension of lotteries in Virginia on March 4, 1621 (Acts of Privy Council, Colonial, i, 39). For the general subject of lotteries in Virginia, see Bruce, Economic History of Virginia, ii, 275; Kingsbury, Records of Virginia Company, i, 93; Brown, Genesis of the United States, index; and Brown, First Republic in America, index. In the last reference, p. 394, this proclamation is incorrectly dated March 18. The proclamation is reproduced in fac-simile in Three Proclamations concerning the Lottery for Virginia, published by the John Carter Brown Library, Providence, R. I., 1907, in which volume are also reproduced a broadside of 1613 issued by the Council for Virginia regarding the drawing of the lottery and "A Declaration for the certaine time of drawing the great standing Lottery," printed February 22, 1615 [-16].

[1622, November 6.]

[Prohibiting Disorderly Trading to New England.]

BY THE KING.

A Proclamation prohibiting interloping and disorderly trading to New England in America.

As it hath ever beene held a principall Office of Christian Kings, to seeke by all pious meanes the advancement of Christian Religion; so the consideration thereof, hath beene a speciall motive unto Us, from time to time, as often as cause hath required, to further, by Our Royall authority, the good disposition of any of Our well affected Subjects, that have a will to attempt the discovering and planting in any parts of the World, as yet savage and unpossessed by the Subjects of any Christian Prince or State. And now for that, by Gods sacred favour, there is likely to ensue great advancement of his glory, Our Crown, and State, by reason of Our grant heeretofore made to the Counsell for the managing of the affaires of New England in America, being in breadth from forty degrees of Northerly latitude from the Equinoctiall line to forty eight degrees of the sayd Northerly latitude, and in length by all the breadth aforesayd, thorowout the maine land from Sea to Sea[1]; We cannot but continue Our speciall respect and favour unto them in their endevours, and exercise Our Royall authority against the hinderers thereof. Wherefore, having received certaine information of many and intolerable abuses offered by sundry interlopers, irregular and disobedient persons, that seeking principally their present and private profits, have not only impeached some of the Planters there, of their lawfull possessions, but also taken from them their Timber without giving any satisfaction, as in justice they ought to have done: and not therewith contented, have rined whole woods to the utter ruine of the same for ever after; as also, by casting of their ballast in the harbors of some of their Ilands, have almost made them unserviceable: And yet not so contented, by their promiscuous trading, as well Mariners as Masters with the Savages, have overthrowne the trade and commerce that before was had, to the great profit of the Planters, and which were indeed their principall hopes for the advancement of that plantation, next unto the commodities that coast affords of Fishing: Neither heerwith satisfied, but as if they resolved to omit nothing that might be impious and intolerable, they did not forbeare to barter away to the Savages, Swords, Pikes, Muskets, Fowling peeces, Match, Powder, Shot, and other warlike weapons, and teach them the use thereof; not only to their owne present punishment (divers of them being shortly after slain by the same Savages, whom they had so taught, and with the same weapons which they had furnished them withall) but also to the hazard of the lives of Our good subjects already planted there, and (asmuch as in them lay) to the making of the whole attempt it selfe (how pious and hopefull soever) frustrate, or so much the more difficult.[2] We, for reformation and prevention of these or the like evils heerafter, and for the more cleare declaration of Our Kingly resolution and just intents, both to maintayne Our Royall grant already made, and to uphold and encourage by all wayes and meanes the worthy dispositions of the undertakers of those designes, have thought fit, and doe heerby straitly charge and command, That none of Our Subjects whatsoever, (not Adventurers, Inhabitors or Planters in New England) presume from hencefoorth to frequent those Coasts, to trade or traffique with those people, or to intermedle in the woodes or freehold of any the Planters or Inhabitants (otherwise then by the licence of the sayd Counsell, or according to the orders established by Our Privy Counsell for the releese or ease of the transportation of the Colony in Virginia) upon paine of Our high indignation, and the confiscation, penalties and forfeitures in Our sayd Royall grant expressed: Leaving it neverthelesse, in the meane time, to the discretion of the sayd Counsel for New England, to proceed against the foresayd offenders according to the same, especially, seeing We finde the armes of the sayd Counsell to bee open to receive into that plantation any of Our loving Subjects, who are willing to joyne with them in the charge, and participate in the profits thereof.

Given at Our Court at Theobalds, the sixt day of November, in the yeere of Our Reigne of England, France, and Ireland, the twentieth, and of Scotland the sixe and fiftieth.[3]

God save the King.

Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestie. M.DC.XXII.

1 p. folio. Copies in Antiq., B. M., Dalk., I. T., P. C., P. R. O., and Q. C.; also John Carter Brown Library. Entered on Patent Rolls. Printed in Rymer's "Fœdera," xvii, 416.

FOOTNOTES:

[1] The patent of November 3, 1620.

[2] These "irregular and disobedient persons" were undoubtedly the members of Thomas Weston's colony at Weymouth. The Council for New England, in May, 1622, took notice of the complaints against Weston and moved that a proclamation be secured warning those who went to New England in contempt of authority (Records in Amer. Antiquarian Society Proceedings for April, 1867, p. 59). The proclamation was ordered by the Privy Council on October 23, 1622 (Acts of the Privy Council, Colonial, i, 55).

[3] A note on the original proclamation in the privy seal bundles, no. 1955, in the Public Record Office, reads, "I have prepared this proclamation readie for your Majesty's signature upon an order made at the Councell Board. Thomas Coventry."

[1624, September 29.]

[Encouraging Growth of Tobacco in Plantations.]

BY THE KING.

A Proclamation concerning Tobacco.

Whereas Our Commons, assembled in Our last Sessions of Parliament, became humble Petitioners unto Us, That, for many waightie reasons, much concerning the welfare of Our Kingdome, and the Trade thereof, We would by Our Royall power, utterly prohibite the use of all foreigne Tobacco, which is not of the growth of Our owne Dominions[1]: And whereas We have upon all occasions made knowen Our dislike, We have ever had of the use of Tobacco in generall, as tending to the corruption both of the health and manners of Our people, and to that purpose have at severall times heretofore prohibited the planting of Tobacco, both in England and Wales, as utterly unfit, in respect of the Climate, to cherish the same for any medicinall use, (which is the onely good to bee approoved in it;) And at other times have also prohibited the disorderly Trading for Tobacco, into the parts beyond the Seas, as by Our severall Proclamations, published to that purpose, it may appeare. Neverthelesse, because Wee have beene earnestly and often importuned by many of Our loving Subjects, Planters and Adventurers in Virginia, and the Sommer Islands, and lately by Our Commissioners for Virginia, that We would be pleased to take into Our Royall care that part of Our Dominions, by Our Royall authoritie, and by the industrie of Our loyall Subjects, added to the rest of Our Empire, for the propagation of Christian Religion, and the ease and benefite of this populous Realme, and to consider, that those Colonies and Plantations, are yet but in their infancie, and cannot be brought to maturitie and perfection, unlesse We will bee pleased for a time to tolerate unto them the planting and venting of the Tobacco, which is, and shall be of the growth of those Colonies and Plantations; We, taking into Our Princely consideration these, and many other important reasons of State, have beene graciously pleased to condescend to the desires and humble petitions of Our loving Subjects in this behalfe.

And therefore We doe by these presents straitly charge and command, That no person whatsoever, of what degree or qualitie soever, doe at any time hereafter, import, or cause to be imported from any part beyond the Seas, or out of Our Kingdome of Scotland, into this Our Realme of England, or Dominion of Wales, or into Our Realme of Ireland, any Tobacco, which is not of the proper growth of the Plantations of Virginia, and the Sommer Islands, or one of them, upon paine of forfeiture unto Us of all such Tobacco so to be imported, contrary to the true meaning of these presents, in whose hands soever the same shall be found, and upon such further paines and penalties, as by the Lawes and Statutes of these Our Realmes, or by the severity or censure of Our Court of Starre-chamber, in either of those Kingdomes respectively, may be inflicted upon the Offendors, for contempt of this Our Royall command, and to be reputed and taken as enemies to Our proceedings, and to those Plantations which so much concerne Our Honour, and the honour and profit of these Our Kingdomes. And We further will and command, upon the penalties aforesaid, that from hencefoorth, no person or persons whatsoever, presume to sow, set, or plant, or cause, or permit, or suffer to be sowed, set, or planted, in any of his or their grounds, any Tobacco whatsoever, within these Our Realmes of England, or Ireland, or Dominion of Wales, or any Isles or places belonging thereto, or permit or suffer any old stocke, plant, or root of Tobacco formerly set, sowed, or planted there to continue, not plucked up and utterly destroyed, contrary to the tenour and true meaning of a former Proclamation, made and published by Us to that purpose, bearing date the thirtieth day of December, in the seventeenth yeere of Our Reigne of England.

And Wee further straitly charge and command, upon the paines and penalties aforesaid, That no person whatsoever, presume to buy, or sell any Tobacco, which from hencefoorth shall be imported, or brought from any the parts beyond the Seas, or from Our Realme of Scotland, which is not, or shall not be of the proper growth of the Colonies aforesaid, of Virginia, and the Sommer Islands, or one of them. And because Wee understand, that some, who intend their owne private, more then the publique, conceiving it to be probable, that We would grant the petition of Our Commons in Parliament, to prevent the effect thereof, have lately imported secretly, and by stealth, great quantities of forreigne Tobacco, for which they have payd no Subsidie, or other duety unto Us; We further will and command, under the paines and penalties aforesaid, that no person whatsoever, from, and after the five and twentieth day of March, now next ensuing, presume to sell, or offer, or put to sale within these Our Realmes or Dominion, any Tobacco, which hath beene formerly imported into this Realme, which is not of the proper growth of the Colonies, or Plantations aforesaid, or one of them, nor that any person whatsoever, willingly and knowingly, take, or use any Tobacco, from, and after the first day of May, now next ensuing, which is not, or shall not be of the proper growth of the sayd Colonies, or Plantations, or one of them. Yet, because the said forreigne Tobacco may not lie on the hands of the owners thereof, Wee are graciously pleased, that at any time, within fortie dayes after the sayd five and twentieth day of March, such forreigne Tobacco may be freely exported by any person whatsoever, without paying any Subsidie or other duetie for the same. And because no man shall pretend ignorance, and thereby endevour to excuse his offence in any of the premisses; Wee doe further charge and command, and doe hereby signifie and declare Our will and pleasure to be, that all, and every person and persons, Merchant or other, who useth to sell, or hath any purpose to sell Tobacco, who have in his, or their hands, custodie or possession, or in the hands, custodie or possession of any other by their delivery, or to their use, any Tobacco heretofore imported into this Our Realme, or planted, set, or sowen within this Realme, shall before the twentieth day of October, now next comming, bring the same into Our Custome-house, within Our Citie of London, if such Tobacco be within five miles of Our said Citie, or if such Tobacco be in any other Citie, Towne, or Place, within this Our Realme of England, or Dominion of Wales, or Realme of Ireland, shall bring the same to the Towne-house, or other fit place, which shall be to that purpose appointed by Us, in that City or Corporate Towne, neerest unto which the said Tobacco shall be, and shall before the first day of December, now next comming, there require and cause the same to be Marked and Sealed by such person or persons, and with such Seale and Marke, as We shall thereunto assigne or appoint for that purpose, without giving any fee or allowance for the said Seale or Marke, and whatsoever Tobacco shall not be Sealed or marked, as aforesaid, within the severall times aforesaid, shall be confiscate et forfeited unto Us for such their default and contempt. And for the avoyding of all deceit and abuse in disguising of forraigne Tobacco, or mingling the same with the Tobacco of Virginia, or the Sommer Islands, thereby to defraud the true intent of these presents, We further straitly charge and command, under the paines and penalties aforesaid, That no person, who is, or shall be a seller of Tobacco, shall have, or keepe ready cut, above the quantity of one pound of Tobacco at once, nor shall mingle any forraigne Tobacco, with any Tobacco of the growth of the Sommer Islands or Virginia.

And Wee straitly charge and command, that all the planters of Tobacco in the Colonies aforesaid, or any part thereof, shall make the same good, and merchantable, and shall not presume to send over into this our Realme of England, any Tobacco, which shall not be good and merchantable, and well made up in rolle without stalkes, or other bad or corrupt stuffe, upon paine of confiscation thereof, or so much thereof, as upon due triall made, shall be found to be otherwise, to the intent that such of Our Subjectes, as shall desire to use the same, may not be abused, or deceived therewith, to the impairing of their health. And to the intent that the Tobacco of the Colonies, and Plantations aforesaid, thus tolerated by Us, may be knowen and distinguished, from such as shall bee secretly, and without warrant brought in by stealth; Wee doe likewise straitly charge and command, upon the paines and penalties aforesaid, That all such Tobacco, as shall bee brought from the Colonies aforesaid, shall be all brought, and landed at the Key of Our Custome house, in Our citie of London, and not elsewhere, in any of Our Realmes or Dominions, and shal be there registred, et shall not be removed from Our said Custome house, untill it shall bee there first tryed, sealed, and marked, by such person, or persons, et with such seale or marke, as We shall thereunto assigne and appoint; such seale or marke to bee set thereto, without Fee, or other reward whatsoever. And Wee doe further straitly charge and command, upon the paines and penalties aforesaid, That all owners of ships, bee carefull to imploy such masters in their ships, or other vessels, from whom they will take good caution, not to offend in the importation of any Tobacco, contrary to this Our Royall pleasure. And We do further signifie and declare by these presents, that We will require an exact accompt of the master of every ship, or other vessell, that he shall make such diligent, and carefull search, over the mariners and passengers in his ship, or other vessell, that none of them shall conveigh over into these Our Realmes of England, or Ireland, or dominion of Walles, or into any Port, Haven, Creeke, or other parts thereof, any Tobacco, to be imported, contrary to the true intent and meaning of these presents: And that Our Customers, or their deputies, in every Port of these Our Realmes of England, and Ireland, shall, upon oath, examine every Master of a ship, or other vessell, or other Officers and Mariners in the said ship, or vessell, whether they have made search in the said ship or vessell, for Tobacco, and whether any Tobacco bee in the said ship, or vessell, to their knowledge, and whether any Tobacco were laden in the said ship or vessell, and bee taken out thereof, and what is become of the same: And if any Master of a ship, or other vessell, shall wilfully, or negligently permit, or suffer any Tobacco to be imported, or shall otherwise offend, contrary to these presents, every such Master (because it is in his power to prevent the same) shall also be answerable unto Us for his contempt herein, and shall be subject, et lyable to all the paines and penalties aforesaid, as well as if he himselfe had actually and purposely committed the said offence. And whereas We are informed, that some traders in Tobacco, doe use to import Tobacco in forreigne Bottomes; Wee strictly charge and command, that no person whatsoever, either Stranger, Denizen, or naturall borne Subject, presume to import any Tobacco whatsoever, in any forreigne bottome, at any time hereafter, upon paine of confiscation, not onely of the said Tobacco, but also of the ship, or vessell, wherein the same is so imported, and upon the other paines and penalties aforesaid.

And for the better execution of Our pleasure herein, We doe hereby command all and singuler Customers, Comptrollers, Searchers, Wayters, and other Officers, attending in all, and every the Ports, Creekes, or places of lading or unlading, for the taking, collecting, or receiving of any of our Customes, Subsidies, or Duties, to take notice of this Our pleasure: And We do hereby command, and give power and authoritie unto them, and every of them, from time to time, as well to search any shippe, or other vessell, or bottome, ryding, or lying within any Port, Haven, or Creeke, within their severall charge of attendance, for all Tobacco imported, contrary to the intent of this Our Royall Proclamation; and the same being found, to seize and take to Our use, and also to take notice of the names, and apprehend the bringers in and buyers of the same, to the end they may receive condigne punishment for their offences, upon payne, that every of the said Officers, which shall bee found negligent, remisse or corrupt therein, shall lose his place and entertainement, and undergoe such paines and penalties, as by Our Lawes, or by the censure of Our said Court of Starre-chamber, may be inflicted upon them for the same.

And We doe likewise, will, ordaine, and appoint, that it shall and may bee lawfull, for such person or persons, as shall be thereunto authorized and appointed, by him, or themselves, or his, or their Deputy or Deputies, with a lawfull Officer to search any shippe, or other vessell, and to enter into any shoppe, house, seller, warehouse, or other suspected places, at lawfull and convenient times, and there to search, discover, and find out any Tobacco, imported, uttered, sold, or vented, or to be uttered, sold, or vented, not marked or sealed, as aforesaid, contrary to the true meaning hereof, and all such Tobacco so found, to seize, take away, and dispose of, and the owners thereof, or in whose custodie the same shall be found, to informe and complaine of, to the end they may receive punishment, according to Our pleasure before herein declared.

And further, We doe by these presents, will and require all and singuler Mayors, Sheriffes, Justices of Peace, Bayliffes, Constables, Headboroughs, Customers, Comptrollers, Searchers, Wayters, and all other Our Officers and ministers whatsoever, That they, and every of them, in their severall places and Offices, be diligent and attendant in the execution of this Our Proclamation, and also ayding and assisting unto such person and persons, and his and their Deputies and Assignes, as We shall so, as aforesaid, authorise et appoint,[2] as well in any search for discovery of any act, or acts to be performed contrary to the intent of these presents, as otherwise, in the doing or executing of any matter or thing, for the accomplishment of this Our Royall command. And further Our will and pleasure is, and Wee doe hereby charge and command Our Atturney generall, for the time being, to informe against such persons in Our Court of Starre-chamber, from time to time, whose contempt and disobedience against this Our Royall command, shall merit the censure of that Court, and to prosecute every such information speedily and effectually, untill the same shall bee brought to sentence. And Our pleasure and command is, that all the Tobacco which upon any seizure shall become forfeited, shall bee brought to Our Custome house, next adjoyning to the Port, or place where the same shall be seized, where the seizor thereof shall deliver the same to Our use, and the same shall be forthwith burnt, consumed, and destroyed; but the offendour, before he be discharged, shall pay to the partie, who seized the said Tobacco, the one halfe of the true value thereof: And that such person or persons, whom Wee shall appoint specially by Our Privie Seale, to take care and charge of the execution of Our pleasure in the premisses, shall have the one halfe of all the Fines, to bee imposed upon every offendour against this Our Proclamation, for their encouragement to bee diligent and faithfull, in, and about the performance of that service, We shall so commit unto them.

Given at Our Honour of Hampton Court, the nine and twentieth day of September, in the two and twentieth yeere of Our Reigne of England, France, and Ireland, and of Scotland the eight and fiftieth.

God save the King.

Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestie. 1624.

4 pp. folio. There are two issues varying only in set-up. Copies in Antiq., B. M., Canterbury, Dalk., I. T., P. C., and P. R. O.; also in John Carter Brown Library. Entered on Patent Rolls. Printed in Rymer's "Fœdera," xvii, 621.

FOOTNOTES:

[1] The Commons vote, dated May 24, 1624, is in the Journal of the House of Commons, i, 794. The several documents leading up to the issuing of this Proclamation are listed in Kingsbury's Records of the Virginia Company, i, 192-200.

[2] The commission, dated November 9, 1624, appointing Edward Dichfield and five others officers to take charge of the execution of the provisions of this Proclamation, is printed in Rymer's Fœdera, xvii, 633.

[1625, March 2.]

[Encouraging Growth of Tobacco in Plantations.]

BY THE KING.

A Proclamation for the utter prohibiting the importation and use of all Tobacco, which is not of the proper growth of the Colonies of Virginia and the Summer Islands, or one of them.

Whereas, at the humble suite of Our Commons in Parliament, by Our Royall Proclamation, bearing date the nine and twentieth day of September now last past, for the reasons therein contained, We have prohibited the importation and use of all Tobacco, which is not of the proper growth of Our Colonies of Virginia and the Summer Islands, or one of them; And whereas, upon the humble Petition of many Our loving Subjects, being Planters or Adventurers in those Colonies, and for the support and incouragement of those Plantations (whose prosperous estate We much affect, and shall by all good meanes be alwayes ready to cherish and protect) We have beene contented to tolerate the use of Tobacco, of the growth of those Plantations for a time, untill by more solid Commodities they be able to subsist otherwise, which (as We are informed) they cannot as yet by any meanes doe; And therefore by Our said Proclamation, Wee did thinke fit to give particular directions in many things tending to those ends, and did straitly command the due execution and observation thereof, under the penalties therein contained: Now because Wee have beene informed, as well by the humble Certificate of Our Commissioners for Virginia, as by the humble Petition of divers of Our loving Subjects, the Planters and Adventurers of, and in those Colonies, That, notwithstanding Our Royall pleasure was so expressly signified, and the reasons of State are so plainely laid downe, as might have perswaded every well affected Subject to the due observance thereof; yet divers, out of an inordinate desire of private gaine, have wilfully disobeyed Our commandement herein, and thereby have indeavoured, as much as in them lieth, to destroy so noble a worke as the support of those Plantations, which so much concernes Our Honour, and the honour and profit of Our people.

Wee therefore, being very sensible of this neglect and contempt, have thought good to renew Our said Proclamation; And doe hereby signifie and declare unto all Our loving Subjects, and unto all others, Our expresse will and pleasure to be, That Our said former Proclamation, and every clause, prohibition, article and thing therein contained, shall from hencefoorth be duly observed and obeyed, with such alterations and additions, as are in these presents contained and expressed, upon paine of Our high displeasure, and such penalties and punishments, as in Our said former Proclamation are, or in these presents shall be limited or appointed for the offenders thereof.

And whereas some have since Our said last Proclamation, unmerchantlike, secretly and cunningly stollen in great parcels of Tobacco, contrary to Our said Proclamation; Wee would have those persons, and all others by their example know, That they must expect the severitie of that censure, which Our Court of Starre-Chamber shall thinke fit to inflict upon them, and that Wee are resolved not to relent or remit their deserved punishment, but to cause them and all others, that shall dare to offend herein, to bee prosecuted and punished in such measure, as such their high contempt doth deserve.

And because We conceived it would be utterly in vaine to prohibite the importation of such forreine Tobacco, as aforesaid, unlesse the care and charge of the execution thereof were committed by Us, to some fit and able persons, who besides the respect to Our service, might for their owne particular interests take the same to heart; Therefore We have by Our Letters Patents under Our great Seale of England, authorized certaine persons, Citizens of London, well affected to those plantations, and to Our service, by themselves, and their Deputies, to search and inquire into the offences, and offenders against Our said Proclamation: And Wee have also contracted with them to bee Our Agents for Us, and to Our use to receive the Tobacco of those Colonies, at, and for such prices as Wee have agreed to give for the same; and besides those prices, to bee given to the Planters and owners of the said Tobacco, Our said Agents have further contracted with Us, to give and pay unto Us, and to Our use, such summes of money more, as may give Us reasonable satisfaction for that losse, which otherwise Wee should sustaine in Our Customes and other Dueties, and may inable Us to beare that charge, which Wee have undertaken yeerely to disburse for the generall defence and support of those Plantations. And We doe further by this Our Proclamation publish and declare, that We will constantly and inviolably observe and performe Our said contract, and on Our parts, will allow and disburse out of Our revenew, those summes of money for the safety of those Plantations, and for the ease of the Planters and Inhabitants there, which by the said contract hath beene on Our parts undertaken; whereof We would have, aswell Our said Agents, as the Planters and Adventurers in those Colonies, and all other whom it may concerne, to rest confidently assured.

And because Wee are given to understand, that divers using to trade in Tobacco, and having a purpose to import, or buy, or sell the same, contrary to the intent of this Our Proclamation, doe usually land the same at private Wharffes, Staires, or other places, and send, or conveigh the same unto the Houses, Cellers, Warehouses, or other places, of, or belonging to others, who are lesse suspected then themselves, thereby to conceale the same from Us, and Our Agents; Wee further will and command, That from hencefoorth no person whatsoever, presume, or suffer the said prohibited Tobacco to bee landed at any Wharffe, Staire, or other place, nor receive, or conceale any such prohibited Tobacco, or suffer the same to be bestowed in any of their Houses, Cellers, Warehouses, or other places, upon paine of Our high displeasure, and upon such paines and penalties, as by this, or Our former Proclamation, are to be inflicted upon the principall offenders, And to the intent that all the prohibited Tobacco brought in, shall be justly and truely exported againe, et no part thereof sold, or vented within these Our Kingdomes; Our will and command is, That all the prohibited Tobacco which shall be seized within Our Kingdome of England, shall be brought and delivered into the Warehouse, or Storehouse which shall be to that purpose provided by the said Agents, in Our city of London; and all the prohibited Tobacco, which shall be seized within Our Kingdome of Ireland, shall bee brought and delivered into the Warehouses, or Storehouses which shall to that purpose bee appointed by Our Agents in Our city of Dublin, or elsewhere within Our said Kingdome of Ireland.

And for the incouragement of those, who shall take paines in the discovery and seizing thereof, Our will and pleasure is That the one halfe of the reasonable value thereof, shall bee paid unto the seizers thereof in money by Our Agents, et the Tobacco it selfe shall be exported againe by Our said Agents, or by their appointments: And for the better execution of Our service herein, We doe hereby give full power and authority, as well to Our Agent and Agents, as to their Deputy and Deputies, at all time and times, to enter into, and to search for any prohibited Tobacco, contrary to this Our Proclamation, in any Ship, Boate, or vessell, or in any House, Ship, Celler, Soller, Warehouse, or in any Trunke, Chest, Case, Barrell, or Pack, Cabbin, or any other suspected place whatsoever, and finding any such prohibited Tobacco, the same to seize and cary away, to be conveyed to such place or Warehouse, as Our said Agent shall appoint for that purpose, as aforesaid.

And Our expresse will and command is, That neither Our said Agents, nor any others, doe sell, or utter any part of the said prohibited Tobacco, within any Our owne Dominions, there to bee spent and used, whereby the vent of the Tobacco of our Colonies aforesaid may any way bee hindred, upon paine of Our heavy displeasure, and such other paines and penalties, as other offenders against this Our Proclamation are liable unto.

And whereas by Our former Proclamation, We did command, that from, et after the five et twentieth day of March, then, and now next ensuing, no person should sell, utter, or offer to put to sale, or use any Tobacco, which is not of the proper growth of the Colonies aforesaid, and before the ende of forty dayes then next ensuing, should transport out of Our said Kingdome, all other Tobacco, then that of the growth of those Colonies; Wee doe now by this Our Proclamation, ratifie and confirme the same, and command, the same to be duely put in execution: And to the ende there may be no evasion used to avoyd the same, Wee doe hereby give full power and commandement to Our said Agents, by themselves and their Deputies, at any time, or times after the said five and twentieth day of March now next ensuing, to search for the said prohibited Tobacco, and to take a true and exact note and accompt of the quantity thereof, to the intent that the Owners thereof, before the ende of forty dayes next ensuing after the said five and twentieth day of March, either by themselves, or some other, may export the same by the privity of the said Agents, according to the true intent of this, and of Our said former Proclamation, and at the end of the said forty dayes, may give a just account unto Our said Agents, what is become thereof; et whatsoever Tobacco, which is not of the proper growth of the Plantations aforesaid, shall after the said forty dayes be found in the hands of any person whatsoever, shall bee seized by Our said Agents, or their Deputies to Our use, and the said person or persons having or using the same, shall incurre Our high displeasure, and bee subject to such further paines and penalties, as by Our said Proclamation are to be inflicted upon any other offenders.

And Our further will and command is, that all the Tobacco of the growth of Our Colonies aforesaid, shall be brought to the Custome-house-key of Our port of London, and there be delivered to Our Agents, or their Assignees to Our use, according to Our contract aforesaid, or be kept in Our said Custome-house to bee transported out of Our Dominions; and whatsoever Tobacco of the growth of those Plantations, or either of them, shall not be brought to that Key, and be delivered as aforesaid, or for which there shall not bee good security given to Our Agents, within foureteene dayes after the landing thereof, to export the same as aforesaid, the same shall bee forfeited and seized to Our use by Our Agents or their Deputies, as other prohibited Tobacco, and this to bee duely observed under the paines and penalties aforesaid.

And whereas Wee are given to understand, that divers using to trade in Tobacco, have and still doe secretly and underhand steale into Our Kingdomes the said prohibited Tobacco, and doe so privily hide and conceale the same, that they cannot be easily discovered, nor found out; and doe either by themselves, or others by them to that purpose imployed, carry the same by small quantities to the houses or shops of Our subjects, inhabiting within Our said Kingdomes, and doe sell or profer the same to bee sold, or else doe secretly and covertly offer to contract for the sale of such prohibited Tobacco; Our will and pleasure is, and Wee doe hereby straitly charge and command all and every Our loving subjects, to whom any the said prohibited Tobacco shall be offered to be sold or contracted for, as aforesaid, that immediately upon the sight of any such prohibited Tobacco, or upon offer to contract for any such Tobacco, they make stay thereof, and of such person or persons, as shall either profer the same to sell, or shall offer to contract for any the said prohibited Tobacco, and that they and every of them, who shall have the said prohibited Tobacco so proffered unto them to be sold, as aforesaid, shall give notice thereof, and charge the next Constable, Head-borough or other Officer, with such person or persons, who shall offer to put the same to sale, upon paine of Our high displeasure, and of such other paines and penalties, as other offenders against this Our Royall Proclamation are liable unto. And Wee doe hereby further charge and command all and singuler Constables, Head-boroughs et other Our Officers aforesaid, that they and every of them, upon notice unto them given of any such prohibited Tobacco, as aforesaid, or of any such person and persons so offending, as aforesaid, that they seize the said Tobacco, and detaine all such person and persons so offending as they shal have knowledge of, untill they have given notice thereof unto Our said Agents or their Deputie or Deputies, and untill by their meanes the person offending may be brought before such Officer as hath power by this Our Proclamation to take sufficient bond for the appearance of such person, in some of Our Courts of justice, to answer for their faults as the same shall deserve.

And for the better finding out and discovery of the offences and offenders against Our former and this Our Proclamation, We are well pleased, and doe hereby require and command, that Our Treasurer, Commissioners for Our Treasury, Chancellour and Barons of Our Exchequer now, and for the time being, within Our said Kingdomes of England and Ireland, respectively shall and may award such and so many Commissions, as they shall thinke meet, to be directed to discreet and fit persons in all or any Our Ports, or elsewhere, to enquire of and examine upon oath, or otherwise, all such persons as are, or shall be suspected to have heretofore offended, or which hereafter shall offend against this, or Our former Proclamation in this behalfe, or any other person or persons whatsoever, for the finding out and discovery of the said offences and offenders, as is before mentioned; to the end that, as well the importers of such Tobacco as the buyers, sellers, spenders, receivers and concealers thereof, may receive such condigne punishment by fine or otherwise, for their offences, as by Our Court of Star-chamber, or Court of Exchequer shall be thought fit: And in case such Tobacco shall not, or cannot be taken, or found to bee seized, that then every such offender shall forfeit and pay to the hands of Our Agent or Agents, in this behalfe for Our use, the full value of such Tobacco, as the said offenders heretofore have, or hereafter shall have imported, bought, sold, vented or received, as aforesaid, beside such further punishment, as shall be fit to be inflicted upon them for their contempt.

And Our further will and pleasure is, and We doe hereby declare, That whatsoever Our said Agent or Agents, their Assignee or Assignees, under the hands and seales of the greater number of them, have already done, or shall doe hereafter against any offender or offenders, in requiring and taking the forfeiture of any Tobacco, or the value thereof so imported or uttered as aforesaid, or in the mitigating or taking any lesse summe then the value of the same of any such offender in the premisses, or otherwise according to the good discretion of Our said Agent or Agents, Wee doe and will from time to time approve and allow of by these presents: And this signification of Our pleasure shall be as well unto Our said Agent or Agents for the time being, as unto all and every such Commissioner and Commissioners which have beene, or shall be imployed, in, or about this Our service, a sufficient warrant and discharge in that behalfe, without any account to be by them, or any of them respectively yeelded to Us, Our Heires or Successors, and without incurring any penalty in the doing or executing of this Our Service and Royall Command.

And forasmuch as heretofore divers great quantities of Tobacco have beene imported into this Realme, under the name or names of sundry poore Mariners, and other, which are not able to pay the value thereof, nor give satisfaction for the same, Our will and pleasure is, the better to avoyd such frauds and deceipts in time to come, That in whatsoever Ship, or other Vessell, any such Tobacco in greater or lesser quantities, shall be found or discovered to have beene, or to be so imported, and to be shifted away that seizure thereof cannot, or shal not be made, That then such Mariners, or others, who shall so import or couler the said Tobaccoes, shall not onely be punished, as aforesaid, but that every Master of such Ship or Vessell, wherein such Tobacco shall be so imported or shifted away, as aforesaid, shall forfeit to Us the value of the said Tobacco, and that such Ship or Ships shall be arrested, and stayed by the Officers of every Port, or any of Our Agents, their Deputies or Assignees respectively, untill the said forfeiture be duly answered and paid to the hands of Our said Agent or Agents to Our use, or such others as they shall appoint in that behalfe.

And for the better execution of the premisses, Wee doe straitly charge and command all Justices of Peace, Mayors, Sheriffes, Bailiffes, Constables, Headboroughs, Tythingmen, Our Warden and Constable of Our Cinque Ports, and all other Our Officers and Ministers, as well of Our Admiralties, as otherwise, and all other Our loving Subjects, to whom it shall or may appertaine, that they and every of them at all times et times hereafter, and from time to time, upon sight of Our Letters Patents, granted to Our said Agents, or of a Deputation under the hands et seales of Our Agents, or any three of them, be ayding and assisting to Our said Agent and Agents, and their Deputie and Deputies, and to such Our Commissioners, as shall be from time to time appointed for or about this Our service, And also to be from time to time ayding and assisting to all Our Searchers, Waiters, and to all such other person and persons as shall be authorized by Our said Agent or Agents, or by Our Customers or Farmers of Our Customes, for the searching, seizing, taking, and carying away of all such Tobacco imported, or hereafter to be imported or uttered, or intended to be put to sale contrary to this Our Royall prohibition and command. And if any person or persons shall bee found, privily or secretly to oppose or animate any others, to contradict or withstand them in the due execution of this Our service and Royall command, or to neglect the due execution thereof, That then We do by these presents, straitly charge and command, all and every Our sayd Officers respectively, that every such person and persons shall be apprehended and brought before Our Treasurer, Chancellour of Our Exchequer, or before any the Lords or others of Our Privy Councell, or before Our chiefe Baron, or some other of the Barons of Our Exchequer for the time being, to receive such order for condigne punishment to be inflicted upon them according to their demerits, as shall be fit.

Given at Our Court at Theobalds, the second day of March, in the two and twentieth yeere of Our Reigne of Great Britaine, France, and Ireland.