Chapter IV: Part 4

And lastly, Our will and pleasure is, and We doe hereby, charge and command Our Atturney generall, for the time being, to informe against such persons in Our Court of Star-chamber, or Exchequer-chamber, as the case shall require from time to time, whose contempt and disobedience against this Our Royall Command, shall merit the censure of these Courts.

Given at Our Court at Whitehall, the seventeenth day of Februarie, in the second yeere of Our Reigne of Great Britaine, France, and Ireland.

GOD SAVE THE KING.

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

_3 pp. folio. Copies in Antiq., B. M., Crawf., I. T., P. C., and P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," xviii, 848._

FOOTNOTE:

[1] In a commission issued to Sir John Wolstenholme and ten others to execute the regulations regarding the importation of tobacco, dated January 31, 1627, this provision as to Spanish tobacco had been inserted. (Printed in Rymer's _Foedera_, xviii, 831.)

1627, March 30.

[Sealing of Tobacco.]

BY THE KING.

A PROCLAMATION TOUCHING THE SEALING OF TOBACCO.

Whereas We (by the advice of Our Commissioners for Our Revenue) have resolved to import a quantity of Spanish Tobacco (not exceeding fifty thousand weight in any one yeere) and utterly to prohibite the importation of any other forreine Tobacco, which is not of the growth of Our owne Plantations, and to prohibite also the planting of all Tobacco within these Our Realmes of England and Ireland, and Islands thereto belonging or adjacent, As by Our Proclamation, dated the seventeenth day of February last (for the reasons therein expressed) it doth at large appeare: Now, because Wee are informed, that it will much conduce to Our Service, and the setling of that businesse, for the preventing of the stealing in of all forreine Tobacco, and discovery of the offendours, and for the clearing of all others, who are not offendors, from future trouble, that all the Tobacco of the growth of Our plantations already imported, shal be sealed by Our Commissioners to that purpose appointed, aswell as that which shal be hereafter imported, in such sort as by our sayd Proclamation is already directed, That so the Tobacco of Our Plantations may bee distinguished from the forreine Tobacco, and the Tobacco planted within these Our Realmes, which are prohibited: Our will and command therfore is, and We doe hereby declare et publish Our Royall pleasure to be, That Our said Commissioners appointed by Us for this Service, shal with al cõvenient speed, Seale all the Tobacco of the growth of Our said Plantations already imported in such sort, as they are directed to Seale that which shall be hereafter imported.

And if any person whatsoever, having any such Tobacco, of the growth of Our said Plantations, or any of them, which shall refuse to have the same Sealed, or which shall not offer the same to be Sealed, as aforesayd, and the same shall hereafter, at any time after one moneth, from the date hereof, be discovered, that the same shall bee taken and reputed for forreine Tobacco, or for Tobacco of the growth of these Our Realmes, which hath been prohibited, and which they durst not avow the keeping of, and as such Prohibited Tobacco shal be taken, and seized as other prohibited Tobacco, according to the Tenor and true meaning of Our said former Proclamation, whereof Wee will, that every person, whom it may concerne, do take notice at their perill.

Given at Our Court at White-Hall, the thirtieth day of March, in the third yeere of Our Reigne of Great Britaine, France and Ireland.

GOD SAVE THE KING.

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

_1 p. folio. Copies in Antiq., B. M., Crawf., P. C., and P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," xviii, 886._

1627, August 9.

[Importation of Tobacco.]

BY THE KING.

A PROCLAMATION FOR THE ORDERING OF TOBACCO.

The Kings most Excellent Majestie, and His Royall Father of blessed memory, having at severall times and upon severall occasions, published their Proclamations concerning Tobacco, as well that which hath beene indeavoured to bee planted within this Realme, as that which is of the growth of Virginia and the Sommer Islands, and other English Colonies and Plantations, and also concerning Spanish and other forraigne Tobacco; And finding that the inordinate desire of taking Tobacco, and the immoderate thirst of gaine, by the planting and selling of Tobacco, cannot otherwise be allayed or moderated; Hath at the last, by the advice of His Privie Counsell, determined upon this finall resolution touching all sorts of Tobacco, in manner following.

First, His Majestie doth heereby declare His Royall Pleasure to be, and doth heereby Will and Command, that no person whatsoever doe at any time hereafter, plant, cherish, or preserve any Tobacco, within these His Realmes of England or Ireland, or Dominion of Wales, or any the Isles, parts, or places, of, or belonging to them or any of them, and if any bee now planted or growing there, that the same bee presently plucked up and utterly destroyed, by the Owners, Planters, Tenders, or Dressers thereof, and lest they or any of them, should adventure to neglect the performance hereof, His Majestie doeth further straitly charge and command all Constables, Tything-men, Headboroughs, and other Officers within their severall limits and Jurisdictions, carefully and effectually to see the same executed and performed accordingly. And His Majestie doth further Will and Command all Justices of Peace, Mayors, Sheriffes, and other principall Officers in their severall places, within the compasse of their severall Jurisdictions and authorities, upon complaint to them made, to cause the same to be duly performed and executed without partialitie, as they and every of them will answere their contempts in that behalfe at their uttermost perils.

And that the Tobacco of His Majesties own Plantations and Colonies may not bee planted and imported hither without limitation or measure, or under colour thereof, the Tobacco of the growth of Spaine and other forraigne parts, may not be brought into these His Realmes, or sold or uttered heere, to the overthrow of His Colonies abroad, and to the wasting of the wealth and treasure of His Kingdomes at home. His Majesty doeth further Will and straitly Command, that no person whatsoever doe at any time heereafter import any Tobacco of the growth of Spaine, and other forraigne parts out of His owne Dominions, nor sell, utter, or offer to sell, or utter, or otherwise dispose or keepe any such Tobacco, to the intent to sell or utter the same without His Majesties speciall Commission in that behalfe, upon paine of confiscation and forfeiture thereof, in whose hands soever the same shall be found, and upon such further paines and penalties, as by the Lawes of these His Realmes, or by His Prerogative Royall which in this case He will not admit to be disputed, may be inflicted upon the offendors.

And because such forraigne Tobacco, may not be received and uttered, under the pretence of the Tobacco of the growth of Virginia, the Summer-Ilands, and other Colonies and Plantations, under and within His Majesties owne Dominions, nor the Planters, Owners, or Adventurers, of, and in these Plantations, give themselves over to the planting of Tobacco onely, to make a present returne of profit, and neglect to applie themselves to solide Commodities fit for the establishing of Colonies, which will utterly destroy these and all other Plantations; His Majestie doth further will and command, that from henceforth no Tobacco of the growth of Virginia, the Summer-Ilands, or any other Plantations, or Colonies, of, or within His owne Dominions, bee imported into these his Realmes or Dominions, or any the Ports, Havens, Creekes, or places thereof, without His Majesties especiall licence in that behalfe, under the great Seale of England, and that upon the importation thereof, the same bee delivered into the hands of such Commissioners, for his Majesties owne immediate use, as His Majestie under His great Seale of England shal appoint, at, and for such Prices and Rates to be paid for the same, as shall be reasonable agreed upon, betweene the Owners or Factors of the same, and the Kings Commissioners on His Majesties behalfe, or if they shall not agree thereon, then to be transported againe, and sold elsewhere, upon paine of confiscation and forfeiture thereof, and upon further paines and penalties, as by the Law, or His Majesties Prerogative Royall may be inflicted upon them.

And further His Majestie doth straitly charge and command, that no person whatsoever presume to buy any sort of Tobacco, within these Realmes or Dominions, or any Haven, Port, Creeke, or place thereof, of any other person, then of His Majesties Commissioners onely to bee authorised under the great Seale of England, as aforesaid, and after the same shall bee sealed with a Seale to that purpose appointed, and that they, upon the buying thereof, doe expresse the true time when the same was bought, the quantitie and qualitie thereof, in and by a note in writing indented betweene the Buyer and Seller, testifying the same upon the paines and penalties aforesayd.

And if during these times of Hostility, any Tobacco shall bee imported by any of His Majesties owne Shippes, or by the Ships of any of his Subjects, by way of Prize, or Letters of Marque, his further will and pleasure is, that all such Tobacco shall be delivered unto his Majesties Commissioners, at, and for reasonable prices, to bee accomptable therefore to his Majesties use.

And his Majesty doeth hereby straitly charge and command, all Customers, Controllers, Searchers, Wayters, and all other Officers, Ministers, of, or belonging to His Customes, And also all Justices of Peace, Mayors, Sheriffes, Constables, and other Our Officers, Ministers and loving Subjects, in their severall places and degrees, to take knowledge of this his Royall pleasure and Commandement, and to bee ayding, helping and assisting to His Majesties Commissioners, and their Deputies, Factors and servants, in all things touching and concerning this His Service, whereof his Majestie is resolved to require a due and strict accompt.

Given at His Majesties Court at Windsore, the ninth day of August in the third yeere of His Reigne of England, Scotland, France, and Ireland.

GOD SAVE THE KING.

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

_2 pp. folio. Copies in Antiq., B. M., Crawf., I. T., P. C., and P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," xviii, 920._

1630, November 24.

[Forbidding Disorderly Trading with the Savages.]

BY THE KING.

A PROCLAMATION FORBIDDING THE DISORDERLY TRADING WITH THE SALVAGES IN NEW ENGLAND IN AMERICA, ESPECIALLY THE FURNISHING OF THE NATIVES IN THOSE AND OTHER PARTS OF AMERICA BY THE ENGLISH WITH WEAPONS, AND HABILIMENTS OF WARRE.

Whereas a Proclamation was heretofore published by Our deare Father King James of blessed memorie, in the twentieth yeere of His Reigne,[1] for the better supportation and Reiglement of the Plantations within Our Territory of New England in America, whereby, amongst divers other things, the insufferable abuses committed by divers Interloping and irregular Merchants, and disobedient Fishermen and Mariners, were prohibited, who seeking only their present and private profit, did Trade with the Salvages of that Countrey, and to the great prejudice and danger of Our loving Subjects the Planters there, did Barter away to the Salvages, Swords, Pikes, Muskets, Fowling-Pieces, Match, Powder, Shotte, and other Warlike Armes, Weapons, and Munition, and teach them the use thereof, not onely to their owne present ruine (divers of them having been slaughtered by the barbarous people with their owne Weapons formerly sold by them) but also to the great hazard of the lives of the English already, planted there, and to the apparant destruction of that hopefull Plantation.

Wee, being informed that these abuses are still continued to the indangering of that Plantation,[2] and that the like abuses are also practised in other Forreigne Plantations: Out of Our Princely care for the prosperity of these Colonies, which being well governed may be of great use to this Nation, for the reformation and prevention of these and the like enormities for the future.

And to the end that the Royal Grant of Our late Father to the President and Counsell of New England aforesayd, may bee maintained and upholden, and that the Planters there, and adventurers thither, may bee encouraged by all good wayes and meanes to proceede in their worthy designes, have thought it fit, and doe hereby straitly charge and command, That none of Our Subjects whatsoever (who are not Adventurers, Inhabiters, or Planters, authorised by Our President and Counsell for New England, according to the sayd Letters Patents) doe presume from hencefoorth to frequent those Coasts to Trade or Traffique at all with the Native people of those Countreys, or to intermeddle with the Woods, or Grounds of any of the Planters, or English Inhabitants there, otherwise then by the Licence of the sayd President and Counsell, or for the necessary use of their Fishing on those Coasts, in which case of Fishing, or under colour thereof, they are not to use any Trade or Traffique there, nor to challenge any Right to the Soyle there, or the Woods growing or beeing thereon, and especially Wee doe charge and command, that neither any Interlopers, Fisher-men, or Mariners, or any other of Our Subjects whatsoever, being of the said Company of New England or otherwise, doe at any time hereafter dare to Sell, Barter, or any wayes to deliver or convey unto any of the Salvages or Natives of America, where any of Our English Colonies are or shall bee planted, any Weapons or Habiliments of Warre of any kinde whatsoever, or to teach them or any of them the use of Gunnes, or how to make, or amend them, or any thing, belonging to them, upon paine of Our high indignation, and the Confiscation, Penalties and Forfeitures expressed in the said Royall Graunt of Our sayd Father, wherein Wee shall proceede against those who have offended, or shall offend in any of the premisses, in such manner and measure as the qualitie of their Offences shall deserve. And yet further Wee leave it to the discussion of the said President and Counsell for New England, and to other the Governours and Counsell in any other Forreigne English Colonie in their severall places respectively, to proceede against the Offenders in any the kindes aforesaid, according to the powers already granted unto them, and according to Our Lawes in that behalfe.

Given at Our Court at Whitehall, the foure and twentieth day of November, in the sixt 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: and by the Assignes of John Bill. 1630.

_2 pp. folio. Copies in Antiq., Crawf., P. C., and P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," xix, 210. A photographic fac-simile of this proclamation was printed by the Museum Book Store of London, about 1898._

FOOTNOTES:

[1] Refers to proclamation of November 6, 1622.

[2] The Privy Council, September 29, 1630, had acted upon a petition from Massachusetts and had requested the attorney-general to draw up a proclamation (see _Acts of Privy Council_, i, 154, and _Cal. State Papers, Colonial, 1574-1660_, p. 120).

1631, January 6.

[Restricting Importation of Tobacco.]

BY THE KING.

A PROCLAMATION CONCERNING TOBACCO.

Whereas in the Reigne of Our most deare and Royall Father, King James of blessed memory, et since Our accesse to the Crowne, severall Proclamations have been made and published concerning Tobacco, Yet notwithstanding all the care and providence which hath hitherto been used, We finde the unlimited desire of gaine, and the inordinate appetite of taking Tobacco, hath so farre prevailed, that Tobacco hath been continued to bee planted in great quantities, in severall parts of this Our Realme, and a vast proportion of unserviceable Tobacco made and brought from Our Colonies of Virginia, Summer Ilands, and other Our Forreigne Plantations, besides an incredible quantity of Brasill and Spanish Tobacco imported hither, and secretly conveyed on Land. And it is now come to passe, That those Our Forreigne Plantations, that might become usefull to this Kingdome, lingering onely upon Tobacco, are in apparant danger to be utterly ruined, unlesse Wee speedily provide for their subsistence; The bodies and manners of Our people are also in danger to bee corrupted, and the wealth of this Kingdome exhausted by so uselesse a Weede as Tobacco is; which beeing represented unto Us by the humble Petition of Our loving Subjects the Planters and Adventurers in Virginia, and also by the like humble Petition of the Retailers and Sellers of Tobacco in and about Our Cities of London and Westminster, Wee have thought it worthy of Our Princely care, as a matter not only fit for Our profit, et the profit of Our people, but much concerning Us in Our honour and government so to regulate the same, and compell due obedience thereto, that Our forreigne Plantations and Colonies may bee supported and encouraged, and they made usefull to this Kingdome, by applying themselves to more solide commodities, that the healths of Our Subjects may be preserved, the wealth of this Kingdome enlarged, and the manners of Our people so ordered and governed, that the world may not justly taxe Us, that these are at once endangered only by the licentious use of Tobacco. And therfore having seriously advised hereof, Wee, by the advice of Our Privie Councell, have now resolved upon, and published these Our Commands following concerning Tobacco, which Our Royall will and pleasure is, shall be in all things observed upon paine of Our highest displeasure, and of such paines, penalties and punishments, as by Our Court of Exchequer, and Court of Starre-Chamber, and by any other Courts and ministers of Justice, or by Our Prerogative Royall can be inflicted upon the offenders.

And first, Our will and Command is, that no person whatsoever doe at any time hereafter plant, preserve, or maintaine any Tobacco, which is, hath been, or shall be planted in Our Kingdomes of England or Ireland, or Dominion of Wales, or in the Islands of Jersey or Guernesey, but that the same bee utterly displanted and destroyed, and that none presume or adventure to Buy, Sell, or utter any such Tobacco, the same being utterly unwholesome to bee taken.

And further, that no Tobacco whatsoever be from hencefoorth imported into these Our realms, or any Haven, Port, Creeke or place therof, which is, or shal be of the growth of any the parts or places beyond the Seas, belonging to, or under the obedience of any foreine King, Prince, or State whatsoever; But such, and so much thereof onely, as Wee shall specially allow to be imported, untill it shal be fully setled betweene those Forreine Princes and Us, according to those Treaties which are betweene Us, that Our Subjects may not unthriftily vent the solide Commidities of Our owne Kingdomes, and returne the proceed thereof in Smoake.

And further We will and command, that no Tobacco of the growth of any of Our English Plantations in Virginia the Sommer Islands, Caribee Islands, or other Islands or places in America, or the Coasts thereof, be at any time hereafter imported or brought into Our Kingdomes of England or Ireland, or Dominion of Wales, at any other Port then at, or in Our Port of London onely, and the same duely entred in Our Custome-houses there, nor that any greater quantitie thereof bee imported there, then Wee by the advice of Our Privie Councell shall hold fit, and under Our Privie Seale, shall declare to bee competent for the expence of these Our Kingdomes, Wee not thinking it fit to admit of an immeasurable expence of so vaine and needlesse a Commoditie, which ought to bee used as a Drugge onely, and not so vainely and wantonly as an evill habite of late times hath brought it unto.

And these sorts of Tobacco which shall be thus brought from Our owne Colonies, Wee will take present order shall bee well ordered and made up, and so certified to bee, under the hand of the Governour of that place, and when the same shall be brought hither, shall bee againe Searched, Tryed and Sealed, that Our Subjects be not abused by corrupt Tobacco.

And Our expresse Command is, that whatsoever Tobacco shall bee taken, which shall be imported contrary to this Our Proclamation, the same shall be forfeited and confiscate, and by the Officers of that Port or place where it shall bee taken, shall be immediately burnt.

And for the ordering and governing of the expence and use of Tobacco when it shall be imported, Wee, by the advice of Our Privie Councell, shall speedily direct such a course as Wee shall hold fit, which Wee expect shall be also in all things observed.

And Wee straitly charge and Command all Our Customers, Comptrollers, Searchers, and all other the Officers and Ministers of Our Ports, that they and every of them in their severall places, doe carefully and faithfully observe Our Royal Command, in, and concerning the premisses; and if any of them shall be found remisse or negligent therein, or to connive at any such offender, that hee or they shall for such their fault, without any remission be remooved from the place or places of his or their attendance on Our service.

And to the end Our pleasure and Command hereby published, may be the better executed, Wee doe hereby will, require and Command, all Maiors, Sheriffes, Justices of peace, Bayliffes, Headboroughs, and other Our Officers and loving Subjects whatsoever, to be aiding and assisting, and so much as in them lyeth, to take care that the premisses herein mentioned, be duly put in execution, as they tender their duetie and allegeance to Us, and will answere the contrary at their uttermost perils.[1]

Given at Our Court at Whitehall the sixt day of January, in the sixt yeere of Our Reigne.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: and by the Assignes of John Bill. 1630.

_2 pp. folio. Copies in Antiq., B. M., Canterbury, Crawf., and P. C.; also in Va. State Library. Entered on Patent Rolls. Printed in Rymer's "Foedera," xix, 235._

FOOTNOTE:

[1] A communication from the Privy Council to the Governor of Virginia, inclosing the proclamation and directing the observance of its regulations, is preserved among the records in the Public Record Office. An order from the Council to the farmers and officers of customs, issued at the same time, directs that Spanish tobacco will pay a duty of 2_s._ per pound, St. Christopher's, Barbadoes, and the adjacent islands 12_d._ per pound, and Virginia and the Somers Islands 9_d._ per pound. (_Cal. State Papers, Colonial, 1574-1660_, p. 125). For the various restrictions upon the growth of tobacco in the plantations, see Bruce, _Economic History of Virginia_, i, 304-309.

1633, October 13.

[Restricting Sale of Tobacco.]

BY THE KING.

A PROCLAMATION FOR PREVENTING OF THE ABUSES GROWING BY THE UNORDERED RETAILING OF TOBACCO.

Whereas the Plant or Drugge called Tobacco scarce knowne to this Nation in former times, was in this Age first usually brought into this Realme in small quantity, as Medicine, and so used, and by divers taken as Medicine, but in processe of time, to satisfie the inordinate appetite of a great number of men and women it hath been brought in in great quantity, and taken for wantonnesse and excesse, provoking them to drinking and other inconveniences, to the great impairing of their healths, and depraving of their manners, so that the care which His Majesty hath of his people hath enforced Him to thinke of some meanes for the preventing of the evill consequence of this immoderate use thereof. And albeit His Majesties dearest father of blessed memorie had given directions therein, as well by Proclamation as otherwise, yet those waies tooke not so good effect as was desired, for that therein was no restraint of the number of those that should sell Tobacco by retaile, nor care taken of the quality of those that should make such sale, but Victuallers, Taverners, Alehouse-keepers, Tapsters, Chamberlaines, Hostlers and others, of the meanest condition have promiscuously used to regrate the same as allurements to other naughtinesse, keeping therein no Assize, to the prejudice of the rest of His Majesties loving Subjects. For repressing therefore of all such excesses and for preventing of future inconvenience, Our Soveraigne Lord the King, by the advice of the Lords and others of His Privie Councell hath resolved to reduce the venting, selling and uttering of Tobacco into some good order, and that none but men of sufficiency, and such as shall bring certificate of their meetnesse, shall hereafter sell or utter any Tobacco by retaile. And to that purpose His Majestie hath lately caused Letters from His Lords, and others of His Privie Councell to bee directed unto the Justices of Peace of the severall Counties of this Kingdome, and Dominion of Wales, and also unto the Maiors, Bailiffes and other chiefe Officers of divers Cities and Townes Corporate; Commanding them to certifie in what Townes and places it may bee fit to suffer selling and retailing of Tobacco, and how many in each place were fit to bee licensed to use that Trade. In answere of which Letters, Certificates have beene made from divers of the Justices of Peace, and from the Maiors, Bailiffes, and other Magistrates of divers Cities and Townes Corporate, who therein have acknowledged the abuses that daily arise by the ungoverned selling and retailing of Tobacco, expressing their desire of reformation.

Whereupon His Majestie by like advice of his Counsell hath caused other Letters to be directed to the Justices and Conservators of the Peace in severall Counties; thereby declaring in what Townes and places Tobacco shall be permitted to be sold or uttered by Retayle, and hath Commanded the said Justices and Conservators of the Peace, to cause the names of those Townes and places specified in those Letters, to be written and affixed in publique places where the Assises and Sessions of the peace shall be kept, in those Counties, to the end that all His people may take notice that other places are not admitted or allowed for selling or uttering of Tobacco by Retaile. And by Letters directed to the said Maiors, Bayliffes, and other head Officers of Cities and Townes, His Majestie hath given notice unto them of the names of those that are permitted there to sell or deliver Tobacco in that manner, and hath Commanded them to give publique notice in the said Cities and Townes, of the names of those persons that are so admitted to sell or deliver it.

Now our said Sovereigne Lord the King doth straightly prohibite all His people, that after the feast of Candlemas next[1] comming after the date of these presents, none of them out of the said Cities or Townes so appointed as aforesaid, or within the said Cities, or Townes, no others but those named as aforesaid, and such as from time to time shall bee permitted in like manner, doe sell or deliver any Tobacco by Retayle, and that none of them that are permitted or allowed in this behalfe, keepe any Taverne, Alehouse, or Victualling, or otherwise sell any distilled or hot Waters, Wine, Ale, Beere, or Cyder in their houses, so long as they shall bee permitted to sell Tobacco by Retayle: And for that the necessities of these times require it, His Majestie doth charge and command all His Subjects to obey these His Ordinances, under the paines to bee inflicted upon contemners of the same, and of His Royall will and pleasure, being for the good of His people: All which His pleasure is shall bee observed untill Hee shall by His Proclamation, or Letters of His Privie Counsell make other publique signification of His pleasure herein. And Hee doth charge and command all Justices of Peace, and all Maiors, Bayliffes, and head Officers of all His Cities and Townes within His said Kingdome of England, and Dominion of Wales, and all those who are permitted to sell Tobacco by Retaile, that they make diligent enquirie of all those that shall presume to doe against this Command, and from time to time to make certificate of their names, and places of their residence, with the particular of their contempts, to the Lords of His Majesties Privie Councell.

Given at the Court at Whitehall the thirteenth day of October,[2] in the ninth yeere of the Reigne of our Sovereigne Lord Charles by the grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, etc.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: and by the Assignes of John Bill. M.DC.XXXIII.

_2 pp. folio. There are two issues, varying only in the cut of the royal arms. Copies in Antiq., Bodl., B. M., Camb., Crawf., Dalk., P. C., P. R. O., and Q. C. Printed in Rymer's "Foedera," xix, 474._

FOOTNOTES:

[1] February 2, 1634.

[2] This proclamation is entered in the Privy Council Register under date of August 14 (_Acts of Privy Council_, i, 191), probably the date of the original draft by the attorney general. Rushworth, in his _Historical Collections_, ii, 191, lists it under the date of August 13. Rymer's _Foedera_ assigns to it the date of October 13, as given in the printed proclamation.

1634, March 13.

[Requiring Licenses from Tobacconists.]

BY THE KING.

A PROCLAMATION RESTRAINING THE ABUSIVE VENTING OF TOBACCO.

Whereas the Kings most excellent Majestie being informed of the abuses dayly arising of the ungoverned Selling and Retailing of Tobacco, by his Proclamation lately published, did prohibit all his people, that after the feast of Candlemas, which is now last past, none of them out of certaine Cities and Townes therein specified to have beene appointed, and within those Cities and Townes no other but certaine persons named, as in the said Proclamation is expressed, and such as from time to time as should be permitted, should sell or deliver any Tobacco by Retaile, herein requiring due obedience untill his Majestie should make other declaration, as by the same Proclamation appeareth.

Sithence which, a great number of his Majesties loving subjects have repaired to some Lords, and others of his Majesties Privie Councell, being his Majesties Commissioners appointed to treat with them, and have humbly desired Letters Patents of Licence to sell Tobacco by Retaile, whereunto his Majesties said Commissioners have consented: but because it is both convenient and necessary that the number of those that be Licensed to sell Tobacco by Retaile, and also their names be knowne, that in time convenient notice may be taken from them how much Tobacco in each yeere they Retaile and Vent: that upon knowledge thereof, his Majesty for preventing of the issuing out of the Realme too great a proportion of the Stocke of this Kingdome, may give order for the quantity of Tobacco that shall be yeerely brought in: And being resolved that any who from henceforth shall presume to utter or sell Tobacco, not being Licensed, shall severely be proceeded against: For these and for other causes, the King our Soveraigne Lord straightly defendeth and commandeth, that neither such as by pretext of being formerly nominated as meet men to Retaile Tobacco, nor any other from henceforth presume to sell or utter Tobacco by Retaile, untill they shall have obtained his Majesties Licence in that behalfe, any permission or tolleration that may be pretended by the said Proclamation, or any other signification notwithstanding, upon such paines of censure in the Court of Star-Chamber and elsewhere, as may be inflicted upon contemners of his Majesties commands publiquely proclaimed. Wherein his Majestie is pleased, that a part of the Fines set upon the Contemners of this Command, be conferred upon those that give notice of the Offenders, so as they may be brought to judgement.

Given at Our Court at Newmarket, the thirteenth day of March, in the ninth yeere of Our Reigne.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1633.

_1 p. folio. There are two issues, varying only in the cut of the royal arms. Copies in Antiq., B. M., Crawf., Hodg., P. C., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Foedera," xix, 522._

1634, May 19.

[Concerning Tobacco.]

BY THE KING.

A PROCLAMATION CONCERNING TOBACCO.

Whereas in the Reigne of Our late deare Father, and since Our accesse to the Crowne, upon mature deliberation there have been sundry Proclamations published for restraining the landing of Tobacco to certain Ports and Harbours within this Kingdome, and against planting of the same within this Realme; And for that they have not been put in due execution, divers fraudes and abuses have beene of late invented and put in execution by mixing of Tobacco, not onely with other Tobacco of worse condition, but also with other Materials, falsifying and corrupting the same, to the great hurt and damage of Our people, both in their estates and persons, which growing evill may in some measure bee prevented, if the Tobacco brought into this Our Realme shall be layd or landed onely in one Port and place.

For remedie therefore in that behalfe, and to the end Wee may bee the more truely answered of the Custome, Impost, and other dueties due unto Us for Tobacco brought into this Realme by way of Merchandize, whereof Wee have been sundry times defrauded by landing the same at the pleasures of the Owners: Wee doe hereby publish and declare Our Royall will and pleasure, That no Tobacco bee hereafter landed, or imported to bee landed at any other Porte, then in Our Port of London, and at no other place of the sayd Port then at the Key and Wharfe commonly called the Custome-house Key, scituate in Our Citie of London, and other Port or place for landing of Tobacco Wee doe not admit or allow, but them inhibite.

And Wee doe hereby straitly charge and command all and singular Customers, Comptrollers, Searchers, Waiters and other Officers, attending in all Our Ports, Creekes, or places of lading or unlading, (except Our said Port of London) not to take entries of any Tobacco, nor suffer the same to be taken, landed, or layd on shoare in any other Harbour, Port, Creeke or place within this Kingdome, upon paine that every of the said Officers that shall bee found negligent, corrupt or remisse herein, shall undergoe such paines and penalties, as by the Lawes or Censure of our Court of Starre-chamber may bee inflicted upon them for the same.

And it is Our further will and pleasure, that if any Ship or Barque wherein Tobacco shall be loaden shall arrive at any other Port or place then at Our sayd Port of London, Wee doe hereby give full power and Authoritie to all and every the Customers, Comptrollers, Surveyours, Searchers and Waiters, and every of them there attending, and doe command them to take and arrest the same Tobacco, and forthwith to make Certificate to the Customers of the Port of London, of the Owners name of such Ship or other Vessell, and his place of dwelling, the number and names of the Officers, and Mariners in the same, the place from whence the same Tobacco came, with the quantitie of Tobacco that shall bee contained therein.

And also, that Our said Officers, or some of them, shall with all convenient speed cause and procure the Tobacco so by them arrested, to bee carefully transmitted to the said Port of London, to the Customer there, that the same may bee there viewed, and the dueties thereof belonging unto Us, may be duely payed and satisfied, and such further order taken with the same, and with the Owners thereof, as shall be fit.

And whereas notwithstanding former Proclamations published to the contrary, yet Wee are informed, that Tobacco is still planted and sowen in divers parts of Our Realmes of England and Ireland, in contempt of Us and Our Royall Commands declared to the contrary; We do therefore hereby againe absolutely prohibit the Planting thereof in Our said Kingdomes, as also the bringing into the same of any Seed for the increase thereof, from the parts beyond the Seas; The Tobacco growing in the Northerne and moist Climats being not onely unwholesome for mans body, but the same maketh fertill grounds become for a long space lesse fruitfull, that might otherwise produce Corne, Herbes and Rootes for the sustenance of Our Subjects.

And for the more certaine depressing of the same, We doe hereby straitly command Our Justices of Assize within their severall Circuits, Our Justices of Peace within Our severall Counties of this Kingdome, Maiors, Sheriffes, Bayliffes, and other Our Officers within each Cittie and Towne Corporate, that they at their severall Sittings, Quarter Sessions, and meetings, give the same in charge as an Offence, whereof Wee expect due reformation, requiring a Returne thereof amongst other the grievances of the Countrey in their Presentments, And the names and dwelling places of any Offenders herein, and the qualities of their Offences, to present to the Lords of Our Privie Councel, the then next Tearme after every such Sitting or meeting, to the end the Offenders may bee proceeded against by sentence in Our Court of Starre-chamber, or otherwise, as in justice shall be thought fit.

And lastly, We doe by these Presents will and require all and singular Maiors, 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, as they will answere the contrary at their uttermost perils.

Given at Our Court at Greenewich, this nineteenth day of May, in the tenth yeere of Our Reigne of England, Scotland, France and Ireland.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1634.

_2 pp. folio. Copies in Antiq., B. M., Crawf., P. C., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Foedera," xix, 553._

1636, May 16.

[Limiting Whale-trade to Muscovy Company.]

BY THE KING.

A PROCLAMATION INHIBITING THE IMPORTATION OF WHALE FINNES, OR WHALE OILE, INTO HIS MAJESTIES DOMINIONS BY ANY, BUT THE MUSCOVIA COMPANY.

Whereas Our late deare and Royall Father, of ever blessed memory, King James, by His Proclamation, bearing date the eighteenth day of May, in the seventeenth yeere of His Reigne, for the reasons therein expressed, and for the encouragement of His welbeloved Subjects, the Company of Merchants trading for Muscovia, Greenland,[1] and the parts adjoyning, commonly called the Muscovia Company, did inhibite the Importation of Whale Finnes, into any of His Kingdomes or Dominions, by any persons other then by that Company, and that in their Joynt-stock only, under the penalties therein mentioned; We now being minded to give the like encouragement and assistance to the said Company, and for the better support of the Fishing-Trade to Greeneland, and the parts adjacent, which by the increase of Navigation conduceth much to the common good of Our Kingdome and People, have thought fit to publish Our Royall pleasure therein; And therefore We do by these presents straightly Charge, prohibite, and forbid, as well all Aliens and Strangers whatsoever, as Our naturall borne Subjects and Denizens, That they, nor any of them, (other then the said Muscovia Merchants only, and that in their Joynt-stock for the Whale-Fishing;) shall from henceforth directly or indirectly Import or bring any Whale Oyle, or Whale Finnes, (whether the said Finnes be whole, or cut, in what manner soever) into any Our Kingdomes or Dominions, upon Paine of the forfeiture and confiscation of the same; whether they bee found on Board of any Ship, Hoye, Boat, or Bottom, or laid on land in any Ware-house, Store-house, Shop, Cellar, or any other place whatsoever; and upon Paine of Our high Indignation and displeasure, and such other punishments, as by Our Court of Starre-Chamber shall bee thought meet to be inflicted upon them, or any of them, as Contemners of Our Royall Will and Commandment in this behalfe.

And Wee do likewise straightly Charge, prohibite, and forbid, as well all Aliens and Strangers, as Our naturall borne Subjects and Denizens, (other then the said Muscovia Merchants in their Joint-stock as aforesaid) that they, nor any of them do presume to Buy, Utter, Sell, Barter, or Contract, for any Whale Oyle, or Whale Finnes, knowing the same to bee Imported into any Our Realmes or Dominions, contrary to Our Will and Pleasure herein declared; whether the said Finnes bee whole, or cut as aforesaid, upon Paine of Our high Indignation and displeasure, and such further punishments, as by Our said Court of Starre-Chamber shall bee thought meet to bee inflicted upon such Offendours, as Contemners also of Our Royall Commandments.

And to the end, that Our Pleasure hereby declared may take the better effect; Wee do hereby Charge and Command, all Customers, Collectours, Farmours, Comptrollers, Searchers, Waiters, and all other Our Officers and Ministers whatsoever, in all or any Our Ports, Havens, or Creekes; that they and every of them in their severall places, do carefully attend and see to the due execution hereof; and in no wise to permit or suffer any Whale Oile, or Whale Finnes whole, or cut, directly, or indirectly, openly, or covertly, to be brought or imported into any Our Kingdomes or Dominions contrary to Our Royall pleasure herein expressed; or being so imported, that they do not permit, or suffer the same to be colourably Customed for other Goods and Merchandise; but that they forthwith do seise, and take to Our use all such Whale Finnes, and Whale Oyle as shall bee so Imported, contrary to Our pleasure herein declared, upon Paine to undergo such punishments as shall be thought meet by the Lords of Our Privie Councell.

Neverthelesse, Our intent and meaning is, That the said Muscovia Company in their Joynt-stock only, and none other, shall or may Buy and Sell, Barter, or Contract, for any such Whale Finnes, or Whale Oyle, as being imported contrary to this Our Proclamation, shall be confiscate and seised, and the same being sold by the said Company, may be afterwards bought, contracted for, and used by any other Our Subjects, at their will and pleasure; Any thing herein contained to the contrary notwithstanding.

Given at Our Palace of Westminster, the sixteenth day of May, in the twelfth yeere of Our Reigne.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1636.

_2 pp. folio. Copies in B. M., Crawf., Guild., and P. C. Entered on Patent Rolls. Printed in Rymer's "Foedera," xx, 16._

FOOTNOTE:

[1] Spitzbergen, rather than Greenland proper.

1637, April 30.

[Regulating Emigration to America.]

BY THE KING.

A PROCLAMATION AGAINST THE DISORDERLY TRANSPORTING HIS MAJESTIES SUBJECTS TO THE PLANTATIONS WITHIN THE PARTS OF AMERICA.

The Kings most Excellent Majestie being informed that great numbers of His Subjects have bin, and are every yeare transported into those parts of America, which have been granted by Patent to severall persons, and there settle themselves, some of them with their families and whole estates: amongst which numbers there are also many idle and refractory humors, whose onely or principall end is to live as much as they can without the reach of authority: His Majestie having taken the premisses into consideration, is minded to restraine for the time to come such promiscuous and disorderly departing out of the Realme; And doth therefore straitly charge and command all and every the Officers and Ministers of his severall Ports in England, Wales, and Barwick, That they doe not hereafter permit or suffer any persons, being Subsidie men, or of the value of Subsidie men,[1] to embarque themselves in any of the said Ports, or the members thereof, for any of the said Plantations, without Licence from His Majesties Commissioners for Plantations first had and obtained in that behalfe; Nor that they admit to be embarqued any persons under the degree or value of Subsidymen, without an Attestation or Certificate from two Justices of the Peace living next the place where the party last of all, or lately then before dwelt, that he hath taken the Oaths of Supremacie, and Allegiance, and like Testimony from the Minister of the Parish of his conversation and conformity to the Orders and discipline of the Church of England.[2] And further His Majesties expresse will and pleasure is, That the Officers and Ministers of his said severall Ports, and the Members thereof, do returne to His Majesties said Commissioners for Plantations every halfe yeare a particular and perfect List of the names and qualities of all such persons as shall from time to time be embarqued in any of the said Ports for any of the said Plantations. And of these His Majesties Royall Commands, all the Officers and Ministers of His said Ports, and the Members thereof are to take care, as they will answer the neglect thereof at their perils.

Given at Our Court at Whitehall the last day of Aprill, in the thirteenth yeare of Our Reigne.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1637.

_1 p. folio. Copies in B. M., Camb., Canterbury, Crawf., and P. C.; also in Boston Public Library. Entered on Patent Rolls. Printed in Rymer's "Foedera," xx, 143._

FOOTNOTES:

[1] Men who could pay the "subsidy," or tax assessed in favor of the Crown.

[2] Adam Anderson, the early historian of British commerce, in referring to this proclamation, says: "This was levelled against the Puritans, then going in great numbers to New England, to avoid persecution at home; and a better example need not be desired of the wisdom and character of this King, and his favourites and ministers" (_Origin of Commerce_, ii, 492). The proceedings against the Massachusetts charter had just been brought to a close in April, 1637, with a judgment decreeing that it should be vacated. On April 30 came this proclamation. On May 3 the Privy Council ordered that the attorney-general should "call in" for the patent for New England and present it to the Committee for Foreign Plantations (_Acts of Privy Council_, i, 217). A commission was issued which arrived at Boston, June 3, establishing a general government for New England (Winthrop, _History of New England_, i, 269). Among the papers in the Public Record Office is the draft of a "Manifesto" of the King, dated July 23, 1637, establishing a general government in New England and declaring his intention of appointing Sir Ferdinand Gorges as governor (_Cal. State Papers, Colonial, 1574-1660_, p. 256). These various restrictive measures all grew out of the Anglican unwillingness to countenance this Puritan asylum in the New World.

1638, March 14.

[Importation of Tobacco.]

BY THE KING.

A PROCLAMATION CONCERNING TOBACCO.

Whereas We have had especiall care to provide, That Our loving Subjects the Planters of and in Virginia, the Summer Islands, Caribee Islands, et other Our Forrein Plantations might be encouraged to apply themselves to staple Commodities, fit for the establishing of Colonies, that so the said Plantations might the better flourish and become usefull to Our Kingdomes, and the Planters might be enabled to fortifie and secure themselves as well against the invasion of Forrein Enemies, as the assaults and incursions of the Natives; yet notwithstanding this Our care, the said Planters finding a present though small return of profit for Tobacco, have hitherto wholly betaken themselves to the planting thereof, little minding more solid commodities, their own safetie, or any better or other way or means of supportation and subsistence.

And whereas Our Merchants working upon the necessities of the Planters, have from time to time bought their Tobacco at low and small prices, thereby occasioning the said Planters to grow negligent and carelesse of the well ordering their Tobacco, by means whereof much unserviceable Tobacco hath from Our said Colonies been imported hither, and hath been sophisticated, mixed and stamped with rotten fruits, stalks of Tobacco, and other corrupt ingredients, and afterwards sold and uttered to Our people.

And whereas the vain and wanton taking of Tobacco being at length grown to an excesse, and this excesse having begotten an inordinate desire thereof in those that use it, and much of the Tobacco of Our said Colonies imported hither, being unserviceable as aforesaid, divers of Our Merchants for their own private gain have returned the proceed of the solid Commodities of Our Kingdoms by them vented in Forreign parts in Spanish Tobacco, et many of Our Subjects here have planted great quantities of Tobacco in severall parts of this Our Realme, which Tobacco here planted through the coldnesse of the Climate, and unaptnesse of the Soil, not coming to a perfect maturitie, is altogether unwholesome to be taken. By all which means the forreigne Plantations of Our Subjects remain unfortified, and are in apparant danger to be ruined, the Planters are grieved and discouraged, the Colonies of other Nations do flourish, the wealth of Our Kingdoms is exhausted, the immoderate use of a vain and needlesse weed is continued, the health of Our Subjects is much impaired, and their manners in danger to be depraved.

And although Wee out of Our Princely care of Our said Plantations abroad, and the good of Our Subjects at home, have formerly as well by Proclamation as otherwise, given direction in the premisses, and have provided against all the afore-mentioned evils, yet this Our care hath not hitherto produced that good effect which We intended and desired, for that fit, diligent and able Agents have not hitherto been imployed in these Our services, to see Our purposes deduced into Act: For these causes, and for divers other weighty considerations tending to the honour of Our said Plantations, et to the good as wel of Our said Planters, as of Our people here, Wee by the advice of the Lords and others of Our Privy Councell, have resolved to regulate Our said Plantations, and the planting, making up, and ordering of Tobacco there, and to limit and appoint what quantities of Tobacco shall henceforth be imported into Our Kingdoms, as well for the expence of Our Realmes, as for Our own services, and also to buy and take into Our own hands and mannaging all Tobacco from henceforth so to be imported, at such reasonable prices to be given for the same, as shall be expedient for the relief and better encouragement of the said Planters, and likewise to regulate the trade and sales of Tobacco here at home, and to commit the care and trusts of the premisses unto such fit Agents as Wee shall nominate in that behalf; All which Wee intend to put in speedy execution.[1]

And to the end Our Royall intentions touching the premisses may the better take effect, Wee do hereby will and command, That no person whatsoever, do at any time hereafter plant or cause to be planted any Tobacco within Our Kingdoms of England and Ireland, or either of them, or within Our Dominion of Wales, or Town of Barwick, or within Our Islands of Jersey and Gernesey, or either of them, or within Our Isle of Man: And that all Tobacco already planted, and now growing there, be presently displanted and utterly distroyed.

And to the end the doing hereof be not in any wise omitted or neglected, Wee do charge and command all Constables, Tithingmen, Headboroughs, and other Officers within their severall limits and jurisdictions carefully to see the same executed accordingly. And further Wee do will and command all Justices of Peace, Maiors, Sheriffes, and other principall Officers in their severall places, within the compasse of their severall jurisdictions and authorities, upon complaint to them made, to cause the same to be duly performed, without partialitie, and they and every of them will answer their Contempts at their perils.