Chapter V: Part 5

And Wee do further will and command, that no person or persons whatsoever, within our said Realms and Dominions, do from henceforth presume to buy, sell, or utter any Tobacco of the growth of our said Kingdomes of England and Ireland, Dominion of Wales, Town of Barwick, and Islands of Jersey, Gernsey and Man, or any of them, or to let their grounds to Farm to any person or persons, to plant the same with Tobacco, or to stamp, beat, or mixe any Tobacco whatsoever with rotten fruits, the stalks of Tobacco, or any other bad or corrupt Ingredient, the same being utterly unwholesome to be taken as aforesaid. And Wee do likewise will and command, That no Tobacco of the growth of any parts or places beyond the Seas, belonging to, or under the obedience of any Forreigne King, Prince or State whatsoever, or of the growth of Our said Colonies and Forreign Plantations, be from henceforth imported into Our Kingdomes of England, and Ireland, and Dominion of Wales, or any of them, or into any other Our Dominions, or into any Port, Haven, Creek, or place to them or any of them belonging, more or other, then only such and so much of the Tobacco of the growth of the Plantations of the King of Spaine, as We by Our Letters under Our Privie Seal, or otherwise shall be pleased to allow; and such and so much of the Tobacco of the growth of Our own Colonies, as We shall in like manner declare to be competent for the expence of Our Kingdomes, and fit for Our own services, and for the better relief and encouragement of the said Planters.

And We do further will and command, That no Tobacco of the growth of Our said Plantations, or any of them be from thence transported in any English or other Ship or Bottome unto any Forreigne parts under the obedience of any Forreigne King, Prince, or State whatsoever; but that the same Tobacco be first imported unto Our Port of London, and entred in Our Custome-house there: And that no Tobacco of what sort soever be from henceforth imported, landed, or unladed to, in, or at any other Port, Haven, Creek, or place within Our said Kingdomes of England and Ireland, and Our Dominion of Wales, or any of them, or within any other Our Dominions, then to, in, or at Our Port of London onely. And that all Merchants, Masters and Owners of any Ship or Ships, and other persons whatsoever within or under Our obedience, do take notice of Our Royall command and pleasure herein, and do carefully and duely observe the same accordingly.

And We do hereby further will and command, That all Tobacco so imported and entred as aforesaid (other then such as shall be imported and entred by Our said Agents) shall from henceforth be sold and delivered unto the hands of Our said Agents to Our own immediate use, at, and for such valuable rates and prices to be given for the same, as shall be reasonably agreed upon between the Planters, Owners and Factours thereof, and Our said Agents on Our behalfe.

And Our pleasure further is, and We do hereby charge and command, That none of Our loving Subjects comercing, or any way trading in or about Tobacco, no other person or persons whatsoever, do from henceforth presume to buy any Tobacco in grosse of what sort soever, in any Port, Haven, Creek, or place within Our said Realms and Dominions, at the first hand, or of any person or persons whatsoever, other then of Our said Agents onely; And that all Tobacco bought of Our said Agents, shall be sealed with a seal to be appointed for that purpose, and that the quantity and quality thereof with the time when the same was bought be expressed, in and by a Note in writing indented between the Buyer and Seller, if to Our said Agents it shall seem fitting for this Our service.

And Wee do further charge and command, That no Tobacco whatsoever be from henceforth shipped or laded to be transported from any Port, Haven, Creek, or other place of Our Realm of England, Dominion of Wales, Port or Town of Barwick, or from any other Port within Our Dominions, without the Licence and consent of Our said Agents, and the same to be done in such manner, and upon such security to be given to the use of Us, Our Heirs and Successours, as to Our said Agents in their discretions shall seem expedient for Our service in that behalf.

And further Wee do hereby strictly command, That Our Royall pleasure hereby declared be in all things duely and truely observed upon pain of confiscation and forfeiture of all Tobacco of what sort soever imported or exported, laded or unladed, bought or sold contrary to the effect and true meaning of this Our Proclamation, and under such further pains and penalties, as by the Lawes of Our Realms, or Our Prerogative Royall may be inflicted upon the Offenders. Which Tobacco so forfeited and confiscated, shall be immediately brought to Our Custome-house in London, or to such other place as shall hereafter bee appointed in that behalfe, there to bee valued or apprized; and after such valuation or apprizement made, the Officer or other person by whose diligence such forfeiture was discovered, shall have the one moity of the same forfeiture or value for his service and future encouragement, and the other part therof shall go to Our own use.

And Wee do hereby straitly charge and command all Customers, Controllers, Searchers, Waiters, and all other Officers and Ministers of and belonging to Our Customes; And also all Justices of Peace; Maiors, Sheriffs, Constables, and other Our Officers, Ministers, and loving Subjects in their severall places and degrees, to take notice of this Our Royal pleasure and commandment, and to be aiding, helping and assisting to Our said Agents and their Deputies, Factours and servants in all things touching and concerning this Our service, whereof Wee are resolved to require a due and strict account.

Given at Our Court at Whitehall, this fourteenth day of March, in the thirteenth yeer of Our Reign.

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.

_4 pp. folio. Copies in B. M., Crawf., Dalk., and P. C. Entered on Patent Rolls._

FOOTNOTE:

[1] The Privy Council on the day of the issuance of this proclamation, March 14, took action providing for a conference regarding tobacco between those interested in its growth and sale (_Acts of Privy Council_, i, 226).

1638, May 1.

[Requiring Licenses for New England.]

BY THE KING.

A PROCLAMATION TO RESTRAIN THE TRANSPORTING OF PASSENGERS AND PROVISIONS TO NEW ENGLAND, WITHOUT LICENCE.

The Kings most Excellent Majestie, for divers weighty and important causes well known to His Majesty, doth hereby straitly charge and command all Merchants, Masters and Owners of Ships whatsoever, That from henceforth they or any of them do not presume to set forth any Ship or Ships with Passengers or Provisions for New England, untill they shall have first obtained speciall Licence from His Majestie, or such of the Lords, and others of His Privy Councell, as by His Majesties speciall Commission now are or shall be appointed for the Businesse of Forrain Plantations, upon pain of His Majesties high displeasure, and such penalties and punishments as shall be thought meet to be inflicted on offenders herein for their contempt of His Majesties Royall Commands.[1] And His Majesty doth hereby further require and command all the Customers and other Officers and Ministers of or belonging to all or any His Ports within the Realm of England, and Dominion of Wales, That they and every of them in their severall Offices and places do take speciall care of the due execution of His Majesties Royall will and pleasure herein declared, as they will answer for the contrary at their uttermost perils.

Given at the Court at Whitehall, the first day of May, in the fourteenth yeer of His Majesties Reign.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1638.

_1 p. folio. Copies in Crawf. and P. C.; also in N. Y. Public Library. Entered on Patent Rolls. Printed in Rymer's "Foedera," xx, 223._

FOOTNOTE:

[1] Since the issuance of the proclamation of April 30, 1637, the tide of emigration to New England had not perceptibly slackened. After the receipt of a letter informing Archbishop Laud that a convoy of ships was preparing to sail for New England (_Cal. State Papers, Colonial, 1574-1660_, p. 266), the Privy Council ordered, March 30, 1638, that eight ships in the Thames should be detained and their passengers and provisions landed. Two days later a more comprehensive order was passed, applying to all ships bound for New England. On April 6 the Council relented and allowed the ships to depart, but ordered that a proclamation should be issued requiring a special license before such voyages were made (_Acts of Privy Council_, i, 227-229).

1639, March 25.

[Concerning Tobacco.]

BY THE KING.

A PROCLAMATION CONCERNING TOBACCO.

Having been heretofore informed, that thorow the immoderate taking of Tobacco, provoking the takers thereof to excessive Drinking and other inconveniences, the health of many of Our Subjects had been much impaired, which had the rather been occasioned for that no restraint had been made of the number, nor regard had of the quality of those that sold Tobacco by Retail but persons of the meanest condition had promiscuously used to Retail the same, keeping no order or assize therein: Whereupon We out of Our Princely care, to represse all such excesses, and to prevent such future inconveniences as might occur thereby, did by the advice of the Lords and others of Our Privy Councell, resolve to regulate the ungoverned Selling and Retailing of Tobacco, and to reduce the same into some good order; and that none but men of sufficiency, and such as should bring certificate of their meetnesse, should from thenceforth be permitted to sell or utter Tobacco by Retail, and those onely in certain fit places, and to a certain number in every such place, which places and number We did by the like advice of the Lords, and others of Our Privie Councell, appoint accordingly: And afterwards by Our Proclamation, dated the thirteenth day of March, in the ninth yeer of Our Reign, for the reasons therein expressed We did straitly charge and command, that none should from thenceforth presume to sell or utter Tobacco by Retail, untill they should have obtained Our Licence in that behalf.

In conformity whereunto, divers of Our loving Subjects have since taken severall and respective Licences under Our great Seal of England, to sell and utter forrain Tobacco by Retail, in such respective Cities, Towns, and places, as in the same Licences are expressed, rendring to Us, Our Heirs and Successors, such Rents as in and by Our said Licences are respectively reserved in that behalf: By which means not onely the afore mentioned excesses have in some good measure been repressed, and many inconveniences prevented, but also some small addition and improvement hath been made to Our Revenue.

But notwithstanding the Premisses, divers ill affected persons, endeavouring for some small advantage to themselves, to bring the Retailing of Tobacco to that confused and ungoverned liberty it had before, have in contempt of Our said Proclamation presumed without Our Licence to vent and utter Tobacco by Retail, as well in London, and the parts adjacent, as in divers other Cities, Towns, and places of this Our Realm, thereby discouraging, and in some sort disabling Our said Subjects, who have taken Our Licences, as aforesaid, to pay their Rents thereon reserved, and likewise dis-heartning others (that is to say) some from suing forth the Licences for which they have respectively contracted, others from contracting with Our Agents appointed in that behalf; and the better to colour their practises, have spread abroad, especially within Our City of London, and the parts adjacent, false reports and rumours, as if We intended to desist from Our aforesaid course of reformation: which their practises and bold attempts We have just cause to take in ill part, and not to suffer the same to passe unpunished.

Yet because some of Our Subjects, through the false reports and rumours so spread abroad, as aforesaid, may make some doubt of Our Royall intention in the Premisses, therefore We have thought meet hereby to declare and publish to all Our people, that We will not leave unfinished so great a work begun with such advice and care, and so much tending to their health and welfare, neither will We suffer Our Revenue in any part thereof by the wilfull opposition of some few refractory persons to be impaired.

And therefore We do hereby straitly charge and command all Our loving Subjects, that none of them do from henceforth presume directly or indirectly, to sell, utter, or deliver any Tobacco by Retail, in any place or places within Our said Kingdom of England, Dominion of Wales, and Town of Barwick, or any of them, without Our speciall Licence under Our great Seal of England, to be obtained in that behalf.

And We do likewise will and command all Pedlers who wander up and down, not making their constant abode in any one place, and all and every other Interloper or Interlopers whatsoever, that none of them do from henceforth directly or indirectly, sell, utter, or deliver any Tobacco by Retail, or under colour or pretext of giving Tobacco, do by themselves, or any other, take or receive any recompence for the same.

And whereas divers of Our Subjects, who are licensed to retail Tobacco in their own houses onely, do notwithstanding retail Tobacco in Fairs and Markets abroad, to the prejudice of such persons as are licensed to sell Tobacco in those places, Our will and pleasure is, and We do hereby straitly charge and command that from henceforth they and every of them do forbear to sell, utter, or deliver Tobacco by Retail, in any other places then according to the purport and true meaning of their respective Licences under Our great Seal.

And whereas We are informed that much English Tobacco, which through the coldnesse of the climate and unaptnesse of the soil not coming to perfect maturity, is altogether unwholsome to be taken, and other Tobacco adulterate and mixed with rotten fruits and other corrupt ingredients is dayly sold and uttered to Our people; We do hereby charge and straitly command, that no person whatsoever within Our said Kingdom of England and Ireland, Dominion of Wales, and Town of Barwick, or any of them, do from henceforth presume to buy, sell, or utter, directly or indirectly, any Tobacco of the growth of Our Kingdoms of England and Ireland, Dominion of Wales, and Town of Barwick, Islands of Jersey, Garnsey, and Man, or any of them, or any mixed or adulterate Tobacco whatsoever: And the better to prevent the great abuse offered and done to Our loving Subjects in the sale of English Tobacco, We do also straitly charge 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, Garnsey and Man, or any of them, and that all Tobacco already planted, and now growing there, be presently displanted and utterly destroyed.

And to the end the doing hereof be not in any wise omitted or neglected, We 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, We do will and command all Justices of Peace, Maiors, Sheriffs, 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 partiality, as they and every of them will answer their contempts at their perils.

And We do further will and command, that no Tobacco whatsoever be from henceforth imported, landed, or unladed to, in, or at any other Port, Haven, Creek, or place within Our Kingdom of England, Dominion of Wales, and Port and Town of Barwick, or any of them, then to, in, or at Our Port of London, without speciall warrant to be obtained from Our Lord high Treasurer of England for the time being in that behalf: And that all Merchants, Masters, and Owners of any Ship or Ships, and other persons whatsoever within or under Our obedience, do take notice of Our Royall command and pleasure herein, and do carefully and duly observe the same accordingly.

And We do hereby straitly charge and command all Our Subjects to yeeld their due obedience in all and singular the Premisses, as they tender Our pleasure, and will answer the contrary at their perill.

Given at Our Court at Whitehall the five and twentieth day of March, in the fourteenth yeer of Our Reign.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1638.

_3 pp. folio. There are two issues, varying only in the spelling of "thorow" and "through" in the first line. Copies in Antiq., Bodl., and Crawf. Entered on Patent Rolls._

1639, August 19.

[Licensing of Tobacconists.]

BY THE KING.

A PROCLAMATION DECLARING HIS MAJESTIES PLEASURE TO CONTINUE HIS COMMISSION, AND LETTERS PATENTS FOR LICENSING RETAILORS OF TOBACCO.

Whereas by His Majesties Proclamation dated at York the ninth day of April last, it was declared, That (amongst sundry other Commissions and Grants obtained upon untrue surmises) a Commission for compounding with Offendors touching Tobacco, was thereby revoked and determined;[1] under colour whereof, and by a wilfull mistaking of His Majesties said Proclamation, sundry persons have pretended, that His Majesties Commission to the Lord Goring, and others, for licensing Retailors of Tobacco within England, Wales, and Barwick, was thereby called in: And thereupon His Majesties Commissioners have been interrupted in their proceedings in that service for His Majesty; Tobacco in divers parts of the kingdome (contrary to His Majesties Proclamation of the five and twentieth of March last) hath been retailed without His Majesties Licence; and many of those persons who have Licences have forborn to make paiment of their Rents: His Majesty therefore, to remove all doubts and questions touching the Premisses, Hath thought fit (with the advice of His Councell) to make publike declaration of His Royall intention and meaning therein, which was, That His Majesties Letters Patents, and Commission to the Lord Goring, and others, concerning the licensing of Retailors of Tobacco, was not impeached, or meant to be impeached by His Majesties said Proclamation of the ninth of April last; But that the same Letters Patents and Commission are still in force, and no way infringed or restrained thereby, but are still to be proceeded in and executed according to the tenour and true meaning thereof. And His Majesty doth further declare hereby, That His Majesty by His said Proclamation in April last, did repeal and determine a Commission to Lawrence Louns, and others, to compound with such, as from the ninth of April in the first yeer of His Majesties reign, untill the date of that Commission, had offended in defrauding His Majestie of His Customes and other duties for Tobacco imported, or in planting Tobacco in England, or Ireland, or by importing Tobacco of the growth of other forraign parts, or in greater quantities then were limitted, or in buying or selling the same contrary to His Majesties Proclamations before that time published, and none other Commission touching Tobacco. And therefore His Majesty doth hereby require and command all manner of persons whatsoever whom it may concern, to take knowledge of this His Majesties Declaration and Confirmation of His said Letters Patents and Commission to the Lord Goring, and others, for the licensing Retailors of Tobacco, and that accordingly they yeeld all conformity thereunto as is meet, upon pain of His Majesties high displeasure, and such punishments as their contempt or neglect of His Majesties Royall commands herein shall deserve. And lastly, His Majesty doth hereby require and command all Justices of Peace, Mayors, Sheriffs, Bailiffs, Constables, Headboroughs, and all others His Officers and Ministers whatsoever, to be aiding and assisting in the full accomplishment and execution of His Majesties Royall pleasure herein declared.

Given at His Majesties Court at Whitehall the nineteenth day of August, in the fifteenth yeer of His Majesties Reign.

GOD SAVE THE KING.

Imprinted at London, by Robert Barker, Printer to the Kings most Excellent Majesty: And by the Assignes of John Bill. 1639.

_1 p. folio. Copies in Bodl., and Crawf. Entered on Patent Rolls. Printed in Rymer's "Foedera," xx, 348._

FOOTNOTE:

[1] The proclamation of April 9, 1639, revoked, among many other grants, licenses, and commissions, the "Commission for compounding with Offenders touching Tobacco." This proclamation is printed in Rymer's _Foedera_, xx, 340, and in Rushworth's _Historical Collections_, ii, 915.

1643, November 24.

[Requiring Loyalty from America.]

BY THE KING.

A PROCLAMATION TO GIVE ASSURANCE UNTO ALL HIS MAJESTIES SUBJECTS IN THE ISLANDS AND CONTINENT OF AMERICA, OF HIS MAJESTIES ROYALL CARE OVER THEM, AND TO PRESERVE THEM IN THEIR DUE OBEDIENCE.

Charles, by the grace of God, King of England, Scotland, France and Ireland, Defendor of the Faith, etc. Whereas We have seen a Paper, called an Ordinance of the pretended Houses of the Lords and Commons in Parliament, ordered to be Printed the second day of this instant November,[1] Whereby Robert Earle of Warwick is made Governor in chiefe, and Lord High Admirall of all those Islands and other Plantations inhabited, Planted, or belonging to any of Our Subjects within the Bounds, and upon the Coasts of America, and a Committee appoynted to be assisting unto him in the Government thereof: The intention of which Ordinance cannot reasonably be conceived to be other, then to spread the contagion of this horrid Rebellion, even unto those remoter parts, and that the continuers thereof (foreseeing how little prosperous their wicked Designes are likely to prove here in Our Realme of England) may provide for themselves a place of Retreat and Security in those Westerne Countries: The consequences whereof would be the disturbance of that quiet, which those Our Subjects in America doe yet injoy under Our Government, and instead of Peace, to introduce amongst them the like Oppressions, Bloodshed, Rapine, Disorders and Confusion in Church and State, as they have brought already into some parts of this Our Kingdome, and would have gone farther on, if the Goodnesse of Almighty God, giving strength to Our Forces, and successe to Our Enterprises, had not given a stop to their Malitious and Rebellious attempts. To prevent which inconveniences from those Westerne parts, out of Our Royall care of Our good Subjects there, We have thought good hereby to give timely notice unto them, not only that the said Ordinance was made without Our Royall assent, and therefore that it ought not to bind any of Our Subjects, but also that the said Earle of Warwick: hath been justly Proclaimed a Traitor by Us, and that he still persists in his Treason and Rebellion against Us; and therefore We doe require and Command all Our Subjects whatsoever, That they doe not give obedience to the said Ordinance, nor unto him the said Earle, as their Governor, or Admirall, nor to any other by pretence of any Authority from him, or from any of the said Committee, but that they shall endeavour the suppression of all such Rebellious Attempts, as they shall have means and Opportunity to doe it. And We doe farther declare, That as We have given unto all Our faithfull Subjects in generall all possible testimonies and assurances of Our care of their wellfare and happinesse, in preservation of the true Protestant Religion established by the Lawes, the Liberty of their Persons, the Propriety of their Goods, and the just Priviledges of Parliaments, which We have done by such Professions before Almighty God, and such Acts of Grace, as have exceeded all the Precedents of former times: So shall Our Subjects in the said Islands, and Continent of America in particular, find the constant fruits and effects of Our gratious Government and Protection, and of those assurances, in as full and ample measure as any other Our Subjects whatsoever. And therefore We doe strictly charge and Command all Governors and Magistrates, who exercise any authority under Us in the said Islands and Plantations, That they doe not only publish unto Our good People there, these Our gratious intentions towards them, but that they let them feel the benefit thereof, by due administration of Justice amongst them, and by seasonable Provisions of all things needfull for their defence and prosperity. And We doe in like manner require all Our said Subjects, that they persist in their due Allegiance and Obedience unto Us, whereto they are obliged by all Lawes Divine and Humane; and that they receive not any Governors nor Commanders, or obey any Ordinances contrary to, or without Our Royall consent, but that they pursue and apprehend them as Traytors to Our Royall Person and Dignity; and that as they tender their duty to God, the avoyding of Our High Displeasure, and the preservation of their own Peace and Happinesse. Given at Our Court at Oxford, the Twenty fourth day of November, in the Nineteenth yeare of Our Raigne. 1643.

GOD SAVE THE KING.[2]

_1 p. folio. Copy in Bodl._

FOOTNOTES:

[1] This ordinance, appointing the Earl of Warwick governor of the Plantations, is printed in the _Journal of the House of Lords_, vi, 291, and in Husband's _Collection of Orders, Ordinances and Declarations_, p. 378.

[2] The imprint in the only known copy of the original is missing, but it was undoubtedly "_Oxford: L. Lichfield: 1643_," as in proclamations immediately preceding and following this date.

1655, October 10.

[Encouraging Settling in Jamaica.]

BY THE PROTECTOR.

A PROCLAMATION

GIVING ENCOURAGEMENT TO SUCH AS SHALL TRANSPLANT THEMSELVES TO JAMAICA.

Whereas the Island of Jamaica in America, is by the Providence of God, in the hands and possession of this State,[1] the Enemy which was found upon it, being fled into the Mountains with an intention to escape into other places, save such of them as do daily render themselves to our Commander in chief there, to be disposed of by him; and We being satisfied of the Goodness, Fertility, and Commodiousness for Trade and Commerce of that Island, Have resolved, by the blessing of God, to use Our best endeavours to secure and plant the same. For which end and purpose, We have thought it necessary to publish, and make known unto the People of this Commonwealth, and especially to those of the English Islands, Plantations and Colonies in America, our Resolutions and Intentions on that behalf, as also to declare unto them the Encouragements which We have thought fit to give unto such as shall remove themselves, and their habitations into the aforesaid Island of Jamaica, within the time mentioned and expressed in these Presents. And first, concerning the securing thereof against the Enemy, We have already upon the Island, which landed there in May last, above six thousand Souldiers, and the beginning of July after, we sent from hence a Regiment of eight hundred more, drawn out of Our old Regiments in England, with eight Ships of War, besides Victualers, to be added to twelve others, that were left there by General Pen, under the command of Captain Will. Goodson, all which are appointed to remain in those Seas for the Defence of the said Island; and We shall from time to time take care to send thither other, both Land and Sea Forces, that We may have alwaies in those parts, such a strength as may be able, through the blessing of God, to defend and secure it against any Attempt of the Enemy; that whereas the Planters in other Places have been at Great and vast expences at their first sitting down, and in the very beginning of their Plantations for their necessary defence, as well against the Natives of the Countrey as other Enemies, those who shall remove thither, will be under the immediate Protection of this State, and so eased both of the danger and charge which other Plantations are subject to, and shall have, for their further encouragement, the terms and conditions following.

1. Those who shall transport themselves as aforesaid shall have land set forth unto them, according to the proportion of twenty Acres, besides Lakes and Rivers, for every Male of twelve years old and upwards, and ten Acres for every other Male or Female, in some convenient place of the said Island; and in case any whole Plantation, That is to say, the Governours and greatest part of the people shall remove themselves, they shall be preferred in respect of the place of their sitting down, that it may be near some good Harbour commodious for Commerce and Navigation.

2. That the said Proportion of Land shall be set forth unto them, within six Weeks after notice given by them under their hands, or the hands of some of them on the behalf of the rest, unto his Highness Commander in chief, or Commissioners there, appointed for that purpose of their resolutions to remove, and of the time they intend to be upon the place.

3. That they shall have Liberty for the space of seaven years to hunt, take and dispose of to their own use such Horses, and other cattle as are, or shall be upon the said Island, the same not being marked by, or belonging to other Planters, subject nevertheless to such Rules and Directions as to their hunting, and taking of Horses, Cattle, and other Beasts out of their own bounds and limits, as shall from time to time be made by the Persons authorized by his Highnesse, for mannaging the affairs of the said Island.

4. That they shall hold the said Land with all Houses, Edifices, Woods, Trees, Profits and Advantages thereupon, to them and their Heirs for ever, to be held in free, and common Soccage, without any Rent for the first seven years, and then one penny an Acre, and by no other rent, tenure, or service whatsoever.

5. That after the said Proportions of Land are set forth as aforesaid, His Highness, or his Successors, upon the desire of the Owners thereof, shall by Letters Pattents, under the Great Seal of England, or by such other sure ways as shall be devised by their Counsel learned in the Law, give, grant, and confirm unto him or them, their heirs and assigns the said Proportions of Land, together with all and singular the Privileges, Jurisdictions, Profits and advantages which are intended hereby to be enjoied by them, with power to erect and create any Mannour or Mannors, with tenures in free and common Soccage within such Plantation, or Plantations, as shall be capable thereof.

6. That they shall hold and enjoy all, and singular Mines of Copper, Iron, Tin, or other Minerals whatsoever (excepting Gold, and Silver Mines) and all Mines of Quarries, Coal, Stone, Allum, or other Mines, whatsoever (except as aforesaid) within the circuit, Meets or bounds of the said several and respective proportions of Land; and also all Fishings, and Piscaries whatsoever upon or within any of the Lakes, Streams or Rivers within their Meets, and bounds; and also full power, and authority to man, and send forth to Sea, and unto any the Coasts, and Shores, Roads, Harbours or Creeks within or near the said Island, any Ships, Boats or other Vessels to fish for, find out, or take any Pearls, precious Stones, or Jewels therein being, and to enjoy the same to his and their own use or uses, rendering and paying to the Governour of the said Island for the time being, or to such other person or persons, for the time being, as His Highnesse shall authorize to receive the same, to his Highness use, the full fifth part only, and no more of all such Pearls, precious Stones and Jewels as shall be got, found, and taken, as aforesaid; and also one tenth part of all such Mettal as shall be had, found, and gained in the Mines, granted hereby to the aforesaid Planters.

7. That no Custom, Excise, Impost, or other duty shall be set or imposed for the space of three years to be accounted from the 29. day of September, which shall be in the year of our Lord 1656. upon any of their Goods and Merchandizes of the growth, production or Manufacture of the said Island, which they shall transport into this Commonwealth: Nor shall they or their Servants, without their own consent, be drawn out into the Wars, unlesse it be in case of Invasion, or Rebellion, and for the defence of the Island.

8. That they shall have power to build Walls, and raise Bulwarks and Castles upon their own Land for the defence, and security of their own plantations, and also to arme themselves, and servants, and to lead, and conduct them against any Enemies, or Rebels within the said Island; Subject nevertheless to such Orders, and directions as they shall on this behalf receive from the Governour or Commander in chief of the said Island for the time being.

9. That all and every person and persons, that shall hereafter happen to be born within the said Island, shall be, and shall be deemed, and accounted to be free Denizons of England, and shall have and enjoy all and every such benefits, privileges, advantages and immunities whatsoever, as any of the Natives or People of England born in England now have and enjoy in England.

That all such professing the Protestant Religion, who shall transport themselves into the aforesaid Island within two years to be accounted from the said 29. day of September 1656. and shall make a beginning therein by transporting to the said Island one third part of their number before the 29. day of September next, shall have, and enjoy the aforesaid Privileges, and Advantages. And for the more certain carrying on of this businesse, and answering Our intentions herein, We do hereby authorize and require Our Commander in chief of the said Island, for the time being, and also the aforesaid Commissioners that they take notice of the Premisses, and cause a due and effectual execution of the same from time to time as there shall be occasion, according to the purport, et true meaning hereof, for which these presents shall be their sufficient warrant. Given at White-Hall the 10. of October 1655.

London Printed by Henry Hills and John Field, Printers to His Highness, MDCLV.

_2 pp. folio. Copy in Guild. Manuscript draft in P. R. O., State Papers, Dom. Interreg. 76A, pp. 152-154. Printed in Thurloe's "State Papers," iii, 753, and in "Interesting Tracts relating to the Island of Jamaica," 1800, p. 1._

FOOTNOTE:

[1] The English forces, soon after the declaration of war against Spain, sailed for the conquest of the Spanish West Indies. After an unsuccessful attack on Hispaniola, they landed at Jamaica and on May 10, 1655, took possession of the island. It now became the cherished plan of Cromwell to settle Jamaica, especially with the colonists of the other plantations in America. Numerous entries regarding Jamaican affairs are to be found in the records of the Council of State during this period. In the Interregnum Entry Book, p. 328, there is an order of October 10, 1655, approving the draft of this particular proclamation (_Cal. State Papers, Colonial, 1574-1660_, p. 431).

1658, March 9.

[Limiting Greenland Trade to Muscovy Company.]

BY THE PROTECTOR.

A PROCLAMATION

DECLARING THE RIGHT OF THE FELLOWSHIP AND COMPANY OF ENGLISH MERCHANTS FOR DISCOVERY OF NEW TRADES (COMMONLY CALLED THE MUSCOVIA COMPANY) TO THE SOLE FISHING FOR WHALES UPON THE COASTS OF GREEN-LAND AND CHERY-ISLAND, AND FOR RESTRAINING AND PROHIBITING OF ALL OTHERS.

Whereas the Discovery of the Island called Chery-Island, and the Continent of Green-land, with the fishing for Whales upon the Seas and Coasts thereof, and of the Islands and places thereto adjacent, (having been made by the Fellowship of English Merchants, for Discovery of New Trades commonly called the Muscovia Company, and at their own great charges and hazards) hath by experience been found to be, and is a very great honour and advantage to this Nation and Commonwealth, aswel in the inlargement of the Dominions and Territories thereof, as also in the advancement and increase of Navigation, and the entring upon and gaining of the Trade of Whale-fishing, whereby great quantities of Whale-Oyl, Whale-Fins and other Commodities are yearly hither imported, to the enriching of this Nation, without the Exportation of any Commodities from hence: And whereas upon consideration of the Premises, and for recompence of the said charge and hazards in the said Discovery, and for the encouragement of the said Company and others in time to come, several Grants and Letters Patents under the Great Seal of England, have been heretofore made and granted to the said Fellowship, and particularly in the Raign of the late King Philip and Queen Mary, by which all main Lands, Isles, Havens, Ports, Creeks and Rivers, by the said Company then discovered or to be after discovered, were forbidden to be traffiqued unto, or visited by any the People of this Nation, without the License of the said Company; which Letters Patents were afterwards confirmed by Act of Parliament in the Eighth year of the Raign of the late Queen Elizabeth, under the penalty of forfeiting the Ships and Goods of any Trading thither without License, and with addition of divers others Priviledges and Liberties unto the said Fellowship and Company. And the late King James, for the further encouragement of the said Company, and preventing others to interrupt, distract or disturb their said Trade-fishing and Discoveries, did, in pursuance of the said Act of Parliament, and the true intent and meaning of the same, by his Letters Patents grant unto the said Fellowship, the sole Trading and Fishing in those Seas and places so discovered by them, And all others were forbidden to fish in those Seas and Coasts, or to sail thither for Trade without License of the said Company. Notwithstanding which, the said Company as We are given to understand, have of late received some disturbance by the interloping and intruding of some persons into the said Whale-fishing, upon those Seas and Coasts of Green-land and Chery-Island, whereupon the said Company having addressed their humble Petition unto Us, And the matter having been by Us referred to the consideration of our Privy Council, and fully heard and debated before a Committee of Our said Council, as well on behalf of the said particular Traders, as also on behalf of the said Fellowship and Company. And the Act of Parliament and the Grants and Charters made to the said Fellowship and Company shewed forth and read, and the whole matter having been fully considered, and thereupon made evident, that such particular fishing for Whales upon those Seas, Harbours and Coasts, by persons separate from the said Company, and trading therein by themselves apart, with like power and strength, did not onely disturb the main Trade of Fishing and taking of Whales by the Company, but did tend to the ruine and destruction of that Fishing, and unless prevented, might occasion Forraigners to come in and gain away that fishing and Trading from this Nation, which might tend to the great damage and dishonour of Us and this Nation, besides the particular damage of the said Company. And whereas the whole state of the matter having been again represented to Our said Privy Council and by them also fully considered, it was by them conceived to be for the good of this Nation, to encourage the carrying on of the said Whale-fishing and Trade, by the said Fellowship and Company onely, and to forbid all others, except such as the said Company should License, to intrude or meddle therein. And the said Company having further declared, that they appropriating those parts of the said Seas called Bell Sound, and Horn Sound, with such other places as they shall fish in, to themselves onely, were well contented, and do promise to grant Licenses gratis to all and every person of this Nation and Commonwealth, that shall or will but ask or desire to fish for Whales, or Trade in any other of the said Seas, or Coasts of Green-land, or Chery-Island, where they themselves fish not. We therefore taking the Premises into Our consideration (with the advice of Our said Privie Council) Do hereby publish and Declare, That the whole and sole Trade and fishing for Whales, and absolute fishing in and upon the said Seas, Coasts and parts of Green-land,[1] and Chery-Island, and in and upon the said Bell Sound, and Horn Sound, being part of the said Seas and Coasts, doth and ought to belong unto the said Fellowship of English Merchants for discovery of New Trades, commonly called the Muscovia Company, and that no other Person or Persons of this Commonwealth (other then the said Fellowship of English Merchants for discovery of New Trades, called the Muscovia Company) shall fish for Whales in and upon the said Seas, Coasts of Green-land and Chery-Island, or in and upon the said Bell Sound and Horn Sound, being part of the said Seas and Coasts. Yet so, as nevertheless the said Company, upon their own offer and agreement aforesaid, be and shall be, and are hereby obliged to grant License and Licenses, to all and singular the People and Subjects of this Commonwealth, upon request in that behalf to be made (without delay or paying anything for the same) to fish for Whales, or trade or fish in all or any other parts or places, of the said Seas or Coasts of Greenland and Chery-Island, Except the Harbours and places of Bell Sound and Horn Sound aforesaid, or where the said Company shall set out Ships to fish, And We do hereby command, That all persons whatsoever (other then the said Fellowship and Company) do forbear to enter into the said Bell Sound or Horn Sound, or to fish or trade within Three Leagues of either of them, but clearly and absolutely leave the said Bell Sound and Horn Sound, and all the sole and whole fishing and trading thereof, unto the said Fellowship and Company, and their Ships and Agents, and such as shall be set forth, hired or imployed by them, without making any disturbance or interruption, or giving the said Company or their Ships or Vessels, any impediment or hinderance therein, under pain of Our high displeasure, and such other pains and penalties as by the Laws of this Land may be inflicted upon them for their disobedience and contempt therein, Leaving all other the People and Subjects of this Commonwealth free notwithstanding, to take Licenses from the said Company to trade or fish for Whales or otherwise, in and upon all other of the said Seas, Coasts and places, Except the said Bell Sound and Horn Sound, and such other places of Green-land, as the said Fellowship or their Agents shall fish in, as aforesaid. And We do hereby further will and command, aswel Our Generals at Sea, Admirals of Our Fleet, Vice-Admirals, Commanders of Squadrons, and other Commanders, Captains and Officers whatsoever, of any Our Ships, as also Our Judges of the High Court of Admiralty of England, and all other Our Officers and Ministers, in their several places to be aiding and assisting, unto the said Fellowship and Company, and all such as they shall set out and imploy in their said sole Trade and fishing, and in hindring all others hereby forbidden to use the said Trade and fishing, otherwise then as is before mentioned. And likewise to be aiding and assisting unto the said Fellowship and Company and their said Agents, in doing and executing of all and singular the premises. And lastly, We do hereby charge and Command the said Fellowship and Company, That in all Ships and Vessels which shall from time to time be sent out by them, or imployed under them, into or in the Seas and parts aforesaid, they do imploy for Harpineers, Steersmen and Mariners, the People and Subjects of this Commonwealth, and no other.

Given at Our Palace of Westminster the 9th day of March, in the year of Our Lord, 1657.

London, Printed by Henry Hills and John Field, Printers to His Highness, 1657.

_3 pp. folio, pasted together to form one long sheet. Copy in B. M._

FOOTNOTE:

[1] This name refers to Spitzbergen, which was then called Greenland, and which was thought by the voyagers of the day to be connected with Greenland proper. The early maps show Spitzbergen, which they term "Greenland or Spitzbergen," with Bell and Horn Sounds on the west coast and Cherie Island, named after Sir Francis Cherie, a few miles to the south. The country was also sometimes called East Greenland, while the modern Greenland was termed "Groenland." See especially the map of 1613 in _Amer. Antiquarian Society Transactions_, iv, 314; the map in Edward Pelham's _God's Power and Providence_, 1631, reproduced in _A Collection of Documents on Spitzbergen and Greenland_ (Hakluyt Society), 1855; and map no. xiv in H. Moll's _World Described, 1708-20_.

1660, September 22.

[For Apprehension of Whalley and Goffe.]

BY THE KING.

A PROCLAMATION

FOR APPREHENSION OF EDWARD WHALLEY AND WILLIAM GOFFE.

CHARLES R.

Forasmuch as Edward Whalley, commonly known by the name of Colonel Whalley, and William Goffe, commonly called Colonel Goffe, are, amongst others, by an Act of this present Parliament, Entituled, An Act of Free and General Pardon, Indempnity and Oblivion,[1] wholly excepted from Pardon, and left to be proceeded against as Traytors, for their execrable Treasons in sentencing to death, signing the Instrument for the horrid Murder, or being instrumental in taking away the precious Life of Our late dear Father of Blessed Memory.

And forasmuch as they the said Edward Whalley and William Goffe,[2] having absented and withdrawn themselves, as We have been informed, to the parts beyond the Seas, are now, as We certainly understand, lately returned into Our Kingdom of England, and do privately lurk and obscure themselves in places unknown; We therefore have thought fit, by, and with the Advice of Our Privy Council, to publish the same to all Our loving Subjects, not doubting of their Care and forwardness in their apprehension; And We do hereby Require and Command, as well all and singular Our Judges, Justices of the Peace, Mayors, Sheriffs, Bayliffs, Constables and Headboroughs, as also the Officers and Ministers of our Ports, and other Our Subjects whatsoever, within Our Realms of England, Scotland, Ireland, or Dominion of Wales, and all Our Dominions and Territories, to be diligent in Inquiring, Searching for, Seizing and Apprehending them, the said Edward Whalley, and William Goffe, in all places whatsoever, as wel within Liberties as without, whom if they shall happen to Take and Apprehend Our further Will and pleasure is, That they cause them and either of them so Apprehended, to be safely carried to the next Justice of the Peace, to the place where they or either of them shall be Arrested, whom We straitly Command to Commit them and either of them to Prison, and presently Inform Us or Our Privy Council of their or either of their Apprehensions.

And We do hereby further Declare and Publish, That if any Person or Persons after this Our Proclamation published, shall Directly or Indirectly Conceal, Harbor, Keep, Retain, or Maintain the said Edward Whalley and William Goffe, or either of them, or shall Contrive or Connive at any means whereby they or either of them shall or may Escape from being Taken or Arrested, or shall not use their best Endeavor for their and either of their Apprehensions, as well by giving the Advertisement thereof to Our Officers, as by all other good means; We will (as there is Just Cause) proceed against them that shall so neglect this Our Commandment with all severity.

And lastly We do hereby Declare, That whosoever shall discover the said Edward Whalley or William Goffe, either within Our Kingdoms of England, Scotland, Ireland, or Dominions of Wales, or in any other our Dominions and Territories, or elsewhere, and shall cause them, or either of them, to be Apprehended, and brought in alive or dead, if they or either of them, attempting Resistance, happen to be slain, shall have a Reward of One hundred pounds in money for each of them so brought in, dead or alive, as aforesaid, to be forthwith paid unto him in recompence of such his Service.

Given at Our Court at Whitehall the Two and twentieth day of September, in the Twelfth year of Our Reign.

London, Printed by Christopher Barker and John Bill, Printers to the Kings most Excellent Majesty. 1660.

_1 p. folio. Copies in Adv., Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Dubl., Guild., Hodg., P. R. O., Q. C., and T. C. D.; also in N. Y. Public Library. Entered on Patent Rolls. Abstract printed in "Parliamentary Intelligencer," Sept. 24, 1660, and in "Mercurius Publicus," Sept. 27. 1660._

FOOTNOTES:

[1] _Statutes of the Realm_, vol. 5, p. 226, 12 Chas. II, ch. 11.

[2] Several documents concerning the attempt to apprehend Whalley and Goffe are calendared in the _Cal. State Papers, Colonial, 1661-1668_. See also _Dictionary of National Biography_ under Edward Whalley and William Goffe, and "Memoranda respecting Edward Whalley and William Goffe," by F. B. Dexter, in _New Haven Colony Historical Society Papers_, ii, 117.

1661, March 29.

[Prohibiting Planting of Tobacco in England.]

BY THE KING.

A PROCLAMATION

PROHIBITING THE PLANTING, SETTING AND SOWING OF TOBACCO IN ENGLAND AND IRELAND, ACCORDING TO AN ACT OF PARLIAMENT HEREIN SPECIFIED.

CHARLES R.