Chapter VI: Part 6

Whereas by an Act of Parliament made in Our late Parliament begun and held at Westminster in the County of Middlesex, the Five and Twentieth day of April in the Twelfth year of Our Reign, for and upon the reasons and grounds therein expressed, it was Enacted by the Authority of the same Parliament, That no person or persons whatsoever should, or do from and after the First day of January, in the Year of our Lord One thousand six hundred and sixty, Set, plant, improve to grow, make or cure any Tobacco either in Seed, plant or otherwise, in or upon any ground, earth, field, or place within Our Kingdom of England, Dominion of Wales, Islands of Guernsey or Jersey or Town of Berwick upon Tweed, or in Our Kingdome of Ireland, under the penalty of the forfeiture of all such Tobacco, or the value thereof, or of the Sum of Forty shillings for every Rod or Pole of Ground so planted, set or sowen as aforesaid, and so proportionably for a greater or lesser quantity of ground, One moyety thereof to Us Our Heirs and Successors, and the other moyety to him or them that shall sue for the same to be recovered by Bill, Plaint or Information in any Court of Record, wherein no Essoign, protection or wager in Law shall be allowed: And it was thereby further enacted, That all Sheriffs, Justices of the peace, Mayors, Bailiffs, Constables, and every of them, upon information or complaint made unto them or any of them, by any the Officers of the Customes, or by any other person or persons whatsoever, that there was any Tobacco set, sown, planted, or growing within their jurisdictions or precincts contrary to the same Act should within ten dayes after such information or complaint cause to be burnt, plucked up, consumed, or utterly destroyed all such Tobacco so set, sowen, planted, or growing. And it was thereby further enacted, That in case any person or persons should resist or make forcible opposition against any person or persons in the due and through execution of the same Act, That every such person or persons for every such offence should forfeit the sum of Five pounds to be divided and recovered in manner aforesaid; And in case any person or persons should not pay the summs of money by them to be paid, by vertue of the same Act, that in every such case distress should be made and sale thereof, returning the overplus to the owners; And in case no distress shall be found, that then every such party should be committed to the common Gaol in the County where such offence should be committed, there to remain for the space of two moneths without Bail or Mainprise. Provided always, and it was thereby enacted, That the same Act nor any thing contained therein should extend to the hindering of the planting of Tobacco in any Physick-garden of either University, or in any other private garden for Physick or Chirurgery, only so as the quantity so planted exceed not one half of one pole in any one place or garden, as in et by the same Act it doth and may more fully appear.[1] Now to the end that all Our loving Subjects in all parts of Our said Kingdoms of England and Ireland, and Dominion of Wales, and in the said Islands of Guernsey and Jersey, and in our said Town of Berwick upon Twede, may the better take notice of and more duely observe the said Act, and not ignorantly offend against the same for the future, We have thought good to publish et declare the same to all Our loving Subjects by this Our Royal Proclamation, And do withall likewise signifie and declare, that for the future We shall expect, and do hereby require all dutiful observance thereof, and ready conformity thereunto, and that not onely upon the pains, penalties, and forfeitures therein expressed, but also of Our high indignation and displeasure, justly and deservedly to be inflicted upon all those that shall knowingly and presumptuously offend against so just and reasonable a Law. And we do hereby streightly charge and command all Our Judges of Assise and Commissioners of Oyer and Terminer in their several Circuits, and all Our Justices of Peace in their several and respective Quarter-Sessions, that they give the same Law in charge to the several et respective Juries in their several and respective Inquests before them, to the end that the offences and offenders against the same, both in the setting, planting, or sowing of Tobacco, contrary to the true intent and meaning of the same Act, and also all forcible opposition et resistance made or to be made against any person or persons in the due execution of the same Act, may be punished according to Law and the demerit of their offences in this behalf. And We do further command and require all Sheriffs, Justices of the peace, Mayors, Bayliffs, Constables, and all other Our Officers and ministers whatsoever whom the premisses shall or may concern, that they from time to time as occasion shall require, be diligent, circumspect, and careful in the due execution of the same Act in all things according to the true intent and meaning, thereof, as they will answer the contrary at their perils.

Given at Our Court at Whitehall, the Twenty ninth day of March, in the Thirteenth Year of Our Reign, One thousand six hundred sixty one.

GOD SAVE THE KING.

London, Printed by John Bill, Printer to the King's most Excellent Majesty, 1661. At the King's Printing-House in Black-Friers.

_2 pp. folio. Copies in Adv., Antiq., Bodl., B. M., Camb., Crawf., Dalk., Dubl., Guild., P. R. O., Q. C., and T. C. D. Abstract printed in "Kingdomes Intelligencer," April 8, 1661, and in "Mercurius Publicus," April 11, 1661._

FOOTNOTE:

[1] This act, entitled "An Act for Prohibiting the Planting Setting or Sowing of Tobaccho in England and Ireland," passed the House of Commons on December 17, 1660 (_Commons Journals_, viii, 212), the House of Lords on December 20 (_Lords Journals_, xi, 218), was read in Council on December 21 (_Acts of Privy Council_, i, 303), and is printed in _Statutes of the Realm_, 12 Chas. II, ch. 34, vol. 5, p. 297.

1661, May 9.

[Suppressing Vagrancy.]

BY THE KING.

A PROCLAMATION

FOR THE DUE OBSERVATION OF CERTAIN STATUTES MADE FOR THE SUPPRESSING OF ROGUES, VAGABONDS, BEGGERS, AND OTHER IDLE DISORDERLY PERSONS, AND FOR RELIEF OF THE POORE.

CHARLES R.

The Kings most Excellent Majesty being watchful for the publick good of his loving Subjects, and taking notice of the great and unusual resort of Rogues, Vagabonds, Beggers, and other idle Persons of all Ages and Sexes, from all parts of the Nation to the Cities of London and Westminster and the Suburbs of the same, where they make it their trade to beg and live idlely, and to get their living by Begging, Stealing, and other wicked and lewd practises, to the great offence of Almighty God, and to the dishonour of His Majesties Royal Government; And his Majesty taking it into His Princely consideration, that this Realm is furnished with excellent Laws and Orders for redress of such Enormities, yet through negligence of Officers, and presumption of the Offenders, the same nevertheless do rather grow then abate. His Majesty hath therefore thought fit at this present by advice of his Privy Councel, to cause some necessary Laws formerly made for the reforming the Abuses aforesaid, to be duely executed and observed. And for that end, whereas by the Laws of this Land all Vagabonds, Beggers, and idle persons are to be sent to the place of their Birth, or of their last abode, there to be relieved and kept if they be impotent, or otherwise made to labour: His Majestie doth by this Proclamation publish and declare His Royal Pleasure and Commands, that all such Vagabonds, Beggers and Idle persons within the Cities of London and Westminster and the Suburbs of the same, which by Law are not there to be provided for (to the wrong of the native poor, and a burden to the several Parishes where now they are) but that they forthwith at their Perils depart from the same and speedily resort to the place of their Birth or last abode, that they may be there provided for as they ought to be. And if any such Vagabonds, Beggers, or idle persons shall or may be found within the Cities of London and Westminster, or in any of the Suburbs or Precincts of the same, or in the Borough of Southwark, or in any Town near adjoyning, upon the four and twentieth day of this moneth of May, His Majesty streightly chargeth and commandeth, as well the Lord Mayor, Recorder, Aldermen and Sheriffs of the said City of London, and all other Officers of the said City, and all other His Majesties Justices of the Peace, Magistrates and Officers whatsoever within the City of Westminster, Borough of Southwark, or within the County of Middlesex, to cause all such persons to be apprehended, and openly whipped, and sent away (except such as are willing to go to the English Plantations) And that in all things they do speedily execute, and cause to be put in execution the Statute made in the Thirty ninth yeare of Queene Elizabeth Chap. the 4^{th} concerning the punishment of Rogues and Vagabonds: And to the end that all such persons may not only be setled and kept from wandring, but also made to labour and so kept from idleness, his Majesty doth streightly charge and command all and singular Sheriffs, Justices of the Peace, and other Officers and Ministers in the several Counties of this Realm, and all Mayors, Sheriffs, Bayliffs, Aldermen and other Magistrates, Officers and Ministers of all other Cities and Towns Corporate, that they and every of them within their several Limits and Jurisdictions respectively do carefully and diligently put in due and speedy Execution the same Statute of the Thirty ninth of Elizabeth, Chapter the Fourth, both for erecting houses of Correction, and for punishing such Vagabonds and idle persons; as also the Statutes of the I. Jacob. Chap. 7. made for the explanation of the said Statute made in the Seventh year of King James Chapter Fourth, for the ordering such houses of Correction. And to the end that not onely sturdy Rogues and Vagabonds may be duely kept from wandering and idleness, and held to labour, but that also poor and Fatherless Children and Widows, the Aged and Impotent may be also carefully provided for and relieved, and not permitted to wander and be in the Streets begging from door to door; It is His Majesties express Charge and Command to all Mayors, Sheriffs, Bayliffs, Justices of the Peace, Magistrates, Officers and Ministers in the several Counties of this Realm, and in all Cities and Towns Corporate, that they diligently and carefully put in execution that excellent Statute made in the Fourty third Year of Elizabeth, Chapter the second, concerning the Overseers of the Poor, and their duty for raising a Stock for maintenance of the Poor, and for binding forth Children Apprentices, which His Majesty commends in an especial manner to their Care: Their neglecting this so great a work, in not carefully providing for poor Fatherless Children and Infants for their teaching and instructing them, and for fitting them for Trades and Services, and in not binding them forth Apprentices; all which neglect is a great cause of poor childrens idleness, wandring, and wickedness in the whole course of their lives; And to the end that convenient Stocks may be raised in all Parishes, especially for the ends aforesaid, His Majesty requireth the several Overseers of the Poor to be diligent in raising such Stocks according to the Power given them, And also His Majesty requireth all Mayors, Bayliffs, Justices of the Peace, Magistrates and other Officers aforesaid, to be careful in putting in speedy and due Execution all the Statutes concerning Tipling and Drunkenness, and concerning unlawful or irregular Inns or Alehouses, and all other Statutes, the penalties whereof are disposed to the use of the Poor of the several Parishes; and to cause the said several penalties to be delivered to the Overseers of the Poor respectively for the increase of the said Stock, to buy materials to imploy the said Poor, and also to be careful in diligent calling to account the said Overseers, and to see the said sums so raised may be carefully imployed for the good education and instruction and binding out of such poor Infants and Fatherless Children, and providing for relief of the Poor aforesaid, which may in probability encourage some charitable and well disposed Persons voluntarily to contribute and add to such Stocks by their free and weekly contributions (which they dayly bestowed on idle begging Poor) or otherwise. His Majesty therefore expects all Mayors, Justices, Magistrates and other His Officers to whom the Execution of the Law aforesaid is particularly concerned, that they be very careful in the due and speedy execution of every one of them, as they will avoid His Majesties just indignation for their neglect of their duties in hindring this so great a National work, and for the Contempt of His Royal Commandments: His Majesty being resolved to have an account, both from the said Justices, and the several Judges of Assizes in their several Circuits, of the due observation hereof, until His Majesty shall take a further Course by the advice of His Parliament, which he determines to do, that no poor shall be permitted to be Vagrant or Begging, but all such as are Impotent and not able to work, may be provided for, so as to live comfortably, and yet be kept from profess'd idleness, and such as are able may have means provided to set them on work.

Given at Our Court at Whitehall, the Ninth day of May, One thousand six hundred sixty one, and in the Thirteenth year of His Majesties Reign.

GOD SAVE THE KING.

London, Printed by John Bill and Christopher Barker, Printers to the King's most Excellent Majesty, 1661. At the Kings Printing-House in Black-Friers.

_3 pp. folio. Copies in Adv., Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Dubl., Guild., P. R. O., Q. C., and T. C. D. Abstract printed in "Mercurius Publicus," May 16, 1661, and in "Kingdomes Intelligencer," May 20, 1661._

1661, December 14.

[Encouraging Settling in Jamaica.]

BY THE KING.

A PROCLAMATION

FOR THE ENCOURAGING OF PLANTERS IN HIS MAJESTIES ISLAND OF JAMAICA IN THE WEST-INDIES.

CHARLES R.

We being fully satisfied, that Our Island of Jamaica, being a pleasant and most fertile soyl, and scituate commodiously for Trade and Commerce, is likely, through Gods blessing, to be a great Benefit and Advantage to this and other Our Kingdoms and Dominions, have thought fit, for encouraging of Our Subjects, as well such as are already upon the said Island, as all others that shall transport themselves thither, and Reside and Plant there, to declare and publish, And We do hereby declare and publish, That Thirty Acres of Improveable Lands shall be granted and allotted to every such Person, Male, or Female, being Twelve years old or upwards, who now Resides, or within Two years next ensuing, shall Reside upon the said Island, and that the same shall be assigned and set out by the Governor and Council within Six weeks next after notice shall be given in Writing, subscribed by such Planter or Planters, or some of them, in behalf of the rest, to the Governor, or such Officer as he shall appoint in that behalf, signifying their resolutions to Plant there, and when they intend to be on the place. And in case they do not go thither within Six moneths then next ensuing, the said Allotment shall be void, and free to be assigned to any other Planter; And that every person and persons to whom such Assignment shall be made, shall hold and enjoy the said Lands, so to be assigned, and all Houses, Edifices, Buildings, and Inclosures, thereupon to be built or made, to them and their Heirs for ever, be and under such Tenure as is usual in other Plantations subject unto Us. Nevertheless they are to be obliged to serve in Arms upon any Insurrection, Mutiny, or Foreign Invasion; and that the said Assignments and Allotments shall be made and confirmed under the publick Seal of the said Island, with power to create any Mannor or Mannors, and with such convenient and suitable Priviledges and Immunities as the Grantee shall reasonably devise and require; And a draught of such Assignments shall be prepared by Our Learned Council in the Law, and delivered to the Governor to that purpose; And that all Fishings and Piscaries, and all Copper, Lead, Tin, Iron, Coals, and all other Mines (except Gold and Silver) within such respective Allotments, shall be enjoyed by the Grantees thereof, reserving only a Twentieth part of the Product of the said Mines to Our use. And we do further publish and declare, That all Children of any of Our Natural born Subjects of England to be born in Jamaica, shall from their respective Births be reputed to be, and shall be free Denizens of England, and shall have the same Priviledges to all Intents and Purposes as Our Free-born Subjects of England; And that all Free persons shall have liberty without Interruption, to transport themselves and their Families, and any their Goods (except only Coyn and Bullions) from any of Our Dominions and Territories to the said Island of Jamaica. And we do straitly charge and command all Planters, Soldiers, and others upon the said Island, to yield obedience to the lawful Commands of Our Right Trusty and Welbeloved Thomas Lord Windsor, now Our Governor of the said Island, and to every other Governor thereof for the time being, under pain of Our displeasure, and such penalties as may be inflicted thereupon.

Given at Our Court at Whitehal the Fourteenth day of December, 1661. In the Thirteenth year of Our Reign.[1]

GOD SAVE THE KING.

London, Printed by John Bill and Christopher Barker, Printers to the King's most Excellent Majesty. 1661.

_2 pp. folio. There are two issues, varying slightly in set-up. Copies in Adv., Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Dubl., Guild., Hodg., P. R. O., Q. C., T. C. D., and in N. Y. Historical Society. Entered on Patent Rolls. Printed in "Interesting Tracts relating to the Island of Jamaica," 1800, pp. 135, 136, and in preface to "Laws of Jamaica," 1792._

1667, August 23.

[Recalling Dispensations of Navigation Act.]

BY THE KING.

A PROCLAMATION

FOR RECALLING DISPENSATIONS, WITH SOME CLAUSES IN THE ACTS FOR ENCOURAGEMENT AND INCREASING OF SHIPPING AND NAVIGATION, AND OF TRADE.

CHARLES R.

Whereas We by an Order in Council[2] of the Two and twentieth day of March, One thousand six hundred sixty four, have dispenced for some time with certain Clauses in the late Acts of Parliament for Encouraging and Increasing of Shipping and Navigation, and for the Encouragement of Trade; and therein also Declared, That when We should think fit to determine that Dispensation, We would by Our Royal Proclamation give Six moneths notice thereof, to the end no Merchant, or other Person therein concerned should be surprised. In order whereunto, We taking the same into consideration, have thought fit (with the advice of Our Privy Council) to publish this Our Royal Proclamation; and do hereby Declare, That the said Order of the Two and twentieth of March, One thousand six hundred sixty four, and all and every the Dispensations, Clauses, Matters, and things therein contained, shall from and after the end of six moneths next ensuing the Date of this Proclamation, Cease, Determine, and be Void to all intents and purposes whatsoever; Whereof all Persons concerned are to take notice, and to conform themselves accordingly.

Given at Our Court at Whitehall the 23. day of August, 1667. In the Nineteenth year of Our Reign.

GOD SAVE THE KING.

In the Savoy, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty. 1667.

_1 p. folio. Copies in Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Guild., P. C., P. R. O., Q. C., and T. C. D. Entered on Patent Rolls._

FOOTNOTES:

[1] There is a series of documents in the Public Record Office regarding the publication of this proclamation in Barbadoes (see abstracts in _Cal. State Papers, Colonial, 1661-1668_, pp. 97, 103).

[2] Since this order does not appear among the printed _Acts of the Privy Council, 1613-1680_, it is here noted. On March 22, 1665, it was ordered that the "Act for encouraging and encreasing of Shipping and Navigation" should be suspended so far as concerned commerce with Norway and the Baltic Sea, also with Germany, Flanders, or France, provided the merchants and owners were English natural-born subjects. The order further allowed the merchants of any nation in amity with England to import hemp, pitch, tar, masts, saltpeter, and copper, paying only such duties as were imposed by the Act of Tonnage and Poundage. The clauses relating to America follow:

"And His Majesty doth further Order, That notwithstanding the said
Act for Encouraging and encreasing of Shipping and Navigation, and
one other Act made in the said Parliament begun at Westminster the
eighth day of May in the thirteenth year of His Majesties Reign,
intituled [An Act for the Encouragement of Trade] or either of them,
or any Clause or Clauses in them, or either of them to the contrary,
It shall and may be lawful for any English Merchants, and they are
hereby authorised, freely and without interruption, to make use
of, and employ any Foreign Ships or Vessels whatsoever, Navigated
by Mariners or Seamen of any Nation in Amity with His Majesty, for
importing or exporting of Goods and Commodities, to or from any Port
in England or Wales, to or from any of His Majesties Plantations.

"Provided, That no Goods or Commodities whatsoever, be by them
imported into any of His Majesties said Plantations, but what shall
be without fraud, Laden and Shipped in England or Wales, and thence
directly carried, and from no other place to His Majesties said
Plantations.

"Provided also, That such Goods and Commodities as shall be by them
laden or taken on Board at His Majesties said Plantations, or any
of them, be brought directly from thence to some of His Majesties
said Ports in England or Wales. And all Governours, and Officers of
the Customs are hereby charged and required, strictly to observe all
Rules, Directions and Orders for taking of Bonds or other Securities,
and exacting all Forfeitures, and Penalties by the said Acts or
either of them required or enjoyned: save only in the Two Clauses
concerning English Ships or English Mariners herein before dispensed
with.

"And lastly, His Majesty doth declare, That this shall continue and
be in force during His Majesties pleasure: And when His Majesty shall
think fit to determine the Dispensation hereby granted, He will by
His Royal Proclamation give six moneths notice thereof, To the end no
Merchant or other person herein concerned, may be surprized."

This order in Council was printed as a broadside by John Bill and Christopher Barker, and copies of it are in Antiq., B. M., Crawf., P. R. O., and Q. C.

1671, December 22.

[Concerning the Planters at St. Christophers.]

BY THE KING.

A PROCLAMATION

TOUCHING THE PLANTERS IN THE ISLAND OF SAINT CHRISTOPHERS.

CHARLES R.

Whereas it hath been Our care before and since the Restitution of that part of the Island of Saint Christophers,[1] which formerly belonged to Us and Our Subjects, to provide for the Plantation and Improvement thereof, by giving all manner of Encouragements to Our good Subjects to return thither, and to Re-establish the former Trade and Commerce: In order whereunto We lately sent thither Sir Charles Wheeler Baronet, with Our Commission to be Our Lieutenant-General, and General Governour of Our Leeward Islands in America; and for the better execution of so important a Charge, gave him such Directions and Instructions as were most suitable to these Our Royal Intentions, and might best tend to the advancement of the general Good and Welfare of all Our Subjects there, so that We might reasonably have expected before this time, some Account of the good success of these Our endeavours in the happy and peaceable Settlement of Our Subjects in their former Proprieties and Possessions; nevertheless, to the utter disappointment of Our just expectations, and the general Discouragement of such of Our Subjects who formerly Inhabited that Island, We are given to understand, That on or about the Twenty fourth of August last past, Sir Charles Wheeler hath caused a certain Proclamation to be published in that Island, thereby endeavouring to oblige the former Inhabitants and Proprietors to appear before a certain Court of Claims by him there Erected, and to return with a Stock sufficient for the quantity of Land they Claim, on peril of losing such part of their Estates they shall not be able to Stock, which shall be given to them who are better able; And moreover, to be Contributory to all Levies to be made for satisfaction of the French Demand, upon any Article of the Peace at Breda, or for satisfaction of any other disbursments concerning Fortifications, or any other Publick Expences; with a further menacing intimation to all such as shall be found to have Acted or Counselled in the late Rendition of the Island to the French, or have been guilty of any Cowardise or Folly in that War, That they are not to expect the like advantages with the rest of Our Subjects: And a Declaration, That upon every mans Estate a Quit-Rent shall be reserved, greater or lesser, according to the merit or demerit of the person Restored, with an allowance of no longer time to such of Our Subjects who were in the Barbadoes and Caribee Islands, for putting in their Claims, then One Moneth, and but Three Moneths to those who were in any part of Europe, Virginia, Jamaica, Carolina, Bermuda's, or New England, Then which nothing could have been done more contrary to the Commission and Instructions We had given him, nor more repugnant to Our Royal Intentions, and the just Interests and Advantages of the antient Planters and Proprietors: Wherefore, and for the better prevention of the ill consequences which might otherwise ensue upon that Proclamation so issued out by the said Sir Charles Wheeler, if the same should be allowed to have any force or effect, We have thought fit, by Advice of Our Council, to Publish this Our Royal Proclamation, and do hereby Declare Our Will and Pleasure, That the said Proclamation, and everything therein contained, is, and shall be null and void, to all intents and purposes whatsoever, as if the same had never been had nor made; And because the Return and Re-settlement of the antient Planters and Proprietors hath been many ways obstructed, not onely by the Severities of the said Illegal Proclamation, but by several accidents which for a long time did very much retard the Surrender of the said Island, We therefore out of the just sense We have of the great Sufferings of the said late Planters and Proprietors, do by these presents, for their ease, and in their favour, further Declare, That all and every the late Planters and Proprietors, their Heirs, Executors and Assigns, or their Agents respectively, shall be admitted to enjoy their several and respective Plantations, carrying with them such Stock onely as they are able, or can conveniently provide: Which Grace and Favour of Ours We would have to be understood with these Qualifications and Restrictions onely (That is to say) That such who have sold their Plantations to the French, or Claim under those who did Sell the same to the French, shall be obliged to re-imburse the Purchasers the Price or Money they or those under whom they Claim, did actually receive for their respective Possessions and Estates, within the space of one whole year, to be accounted from the Re-delivery of the English part of the said Island, which We are informed, was upon the 5/15 of July 1671. And all such who have not Sold to the French and their Heirs, Executors and Assigns, and their Agents respectively, shall be obliged to return unto the said Island before the Twenty fifth day of December, which shall be in the year of Our Lord, One thousand six hundred seventy two. And We do further Publish and Declare Our Royal Will and Pleasure, That no Taxes, Tallages, Aides, or other Impositions whatsoever, shall at any time hereafter be Assessed or Imposed, nor any Quit-Rents Reserved or Required, nor any Moneys Levied, nor any kind of Charge be laid upon, or raised out of any Lands or Tenements in the said Island, unless it be by vertue of some Publick Law made or to be made by the Assembly of the said Island, and with the consent of the Governour and Counsel there Assembled. And moreover, of Our further and more especial Clemency and Favour unto Our good Subjects in the said Island, We are Graciously pleased to Declare, That all and every the Inhabitants, Planters and Proprietors of the said Island, and all and every person and persons Claiming by, from, and under them, or any of them, and all other Our Subjects in the said Island, shall be, and are hereby Freed, Indempnified, and Discharged, as against Us, Our Heirs and Successors, of and from all Crimes, Offences, Miscarriages, and Misdemeanours whatsoever, which happened, and were committed in the said Island during the late War in the said Island, and of and from all Pains and Penalties incurred for or by reason of any matter or thing done, or omitted to be done during the said late War; And of and from all Prosecutions, Molestations, or Inquiries touching or concerning the same; All which matters and things shall be, and are hereby put into perpetual Oblivion, nor shall the same be ever mentioned to the prejudice of any of Our Subjects, either in their Persons, Estates, or Reputations. All which We Command to be Obeyed in all Our Dominions, and all Our Officers Civil and Military, to be Assisting in the Premises, as they will answer the contrary at their utmost perils.

Given at Our Court at Whitehall the Two and twentieth day of December 1671. in the Twenty third year of Our Reign, 1671.

GOD SAVE THE KING.

In the Savoy, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty, 1671.

_2 pp. folio. Copies in Antiq., Bodl., B. M., Crawf., Guild., P. C., P. R. O., Q. C., and T. C. D. Abstract printed in "London Gazette," Dec. 28, 1671._

FOOTNOTE:

[1] Although the Island of St. Christophers, occupied by both the French and the English, was given to England in 1667 according to the seventh article of the Treaty of Breda, the next few years were filled with constant controversies in the effort to compose the differences between the two nations (see the _Calendar of State Papers, Colonial, 1669-1674_, and the _Acts of the Privy Council_, vol. 2). The above proclamation was reported as advisable by the Council for Plantations on December 7, 1671 (_Cal. State Papers_, p. 285).

1674, March 11.

[Recalling Dispensations of Navigation Act.]

BY THE KING.

A PROCLAMATION

FOR RECALLING DISPENSATIONS WITH SOME CLAUSES IN THE ACTS FOR ENCOURAGEMENT AND INCREASING OF SHIPPING AND NAVIGATION, AND OF TRADE.

CHARLES R.

Whereas We by an Order in Council of the Tenth day of May One thousand six hundred seventy two,[1] have Dispensed for sometime with certain Clauses in the late Acts of Parliament for Encouraging and Increasing of Shipping and Navigation, and for the Encouragement of Trade; And therein also Declared, That when We should think fit to determine that Dispensation, We would by Our Royal Proclamation give Six Moneths notice thereof, to the end no Merchant, or other Person therein concerned should be Surprized. In order whereunto, We taking the same into Consideration, have thought fit (with the Advice of Our Privy Council) to Publish this Our Royal Proclamation; And do hereby Declare, That the said Order of the Tenth of May One thousand six hundred seventy two, and all and every the Dispensations, Clauses, Matters and Things therein contained, shall from and after the end of Six moneths next ensuing the Date of this Proclamation, cease, determine, and be void to all intents and purposes whatsoever: Whereof all Persons concerned are to take notice, and to conform themselves accordingly.

Given at our Court at Whitehall the Eleventh day of March 1673/4 in the Six and twentieth year of Our Reign.

GOD SAVE THE KING.

London, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty, 1673/4.

_1 p. folio. Copies in Antiq., Bodl., B. M., Camb., Crawf., Dalk., Guild., P. R. O., Q. C., and T. C. D. Entered on Patent Rolls._

FOOTNOTE:

[1] See _Acts of Privy Council, Colonial_, 1613-1680, p. 576.

1674, November 30.

[Prohibiting African Trade to Plantations.]

BY THE KING.

A PROCLAMATION

CHARLES R.

Whereas it is found by Experience, That Traffique with Infidels and Barbarous Nations not in Amity with Us, and who are not holden by any League or Treaty, cannot be carried on without the Establishment of Forts and Factories in places convenient, the maintenance whereof requires so great and constant Expence, that it cannot be otherwise defrayed, then by Managing the whole Trade by a Joynt Stock; We in Our Royal Wisdom taking the same into Our serious Consideration, and more especially having found by experience, That the whole Trade of the Coast of Guiny, Buiny and Angola, and other parts and places of Africa, so much importing our Service, and the Enriching of this Our Kingdom, was very much abated, and attempted to be Ingrossed by Foreigners, and in eminent danger to be utterly lost, and taken from Us, and Our loving Subjects, not onely by Foreign Force, but by the Violence and Inconstancy of the Heathen Natives: For the Recovery and Preservation whereof, We were Graciously pleased to encourage and invite Our loving Subjects to Raise a Joynt Stock to be used and imployed therein: And in consideration thereof, and for the better Securing of such as should come in and be concerned in the said Joynt Stock and Trade, We did by Our Letters Patents under Our Great Seal of England, bearing date the Seven and twentieth day of September, in the Four and twentieth year of Our Reign,[1] Grant unto several of Our loving Subjects, the whole entire and onely Trade into and from Africa, from the Port of Sally in South Barbary inclusive, to the Cape de Bona Esperanza inclusive, with all the Islands near adjoyning to those Coasts, and comprehended within the Limits aforesaid, and did Incorporate them by the name of The Royal African Company of England; And the said Company having raised a very great Stock sufficient to Manage the Trade thereof, have since, at their great Expence and Charge, Fortified and Setled divers Garisons, Forts and Factories, by which means they have so Secured the said Trade, that the same doth now begin to flourish, and if not disturbed, is likely to be further improved to the great benefit of this Our Kingdom; Nevertheless, We are Informed by the humble Petition of the said Company, That divers of Our Subjects in several of Our Plantations in America, who are not Members of the said Company, nor any ways concerned in their Stock, do endeavour to reap the Benefit and Fruit thereof; and to that end have already sent several Ships into those parts to Trade, and are providing more, the which if it should be permitted, and not strictly and presently prevented, will disable the said Company from supporting the great Charge of maintaining the said Forts, Garisons and Factories, and consequently, unavoidably occasion the loss of the whole Trade of those Countreys: Wherefore for remedy thereof We have thought fit, with Advice of Our Privy Council,[2] to Publish and Declare Our Royal Will and Pleasure to be, And We do hereby strictly Prohibit and Forbid all and every of Our Subjects whatsoever, Except the said Royal Company and their Successours, at any time or times hereafter, to send or Navigate any Ship or Ships, Vessel or Vessels, or Exercise any Trade from any of Our Plantations, Dominions, or Countreys in America, to any of the Parts or Coasts of Africa, from Sally to Cape de Bona Esperanza, or any of the Islands near thereunto, as aforesaid, or from thence to carry any Negro Servants, Gold, Elephants Teeth, or any other Goods or Merchandizes of the Product or Manufacture of the said Places, to any of Our American Dominions or Plantations, upon pain of Our high Displeasure, and the forfeiture and loss of the said Negros, Gold, Elephants Teeth, and all other Goods and Merchandizes, and the Ships or Vessels which shall bring or carry the same. And We do hereby also strictly Require and Command all Our Governours, Deputy-Governours, Admirals, Vice-Admirals, Generals, Judges of Our Courts of Admiralty, Commanders of Our Forts and Castles, Captains of Our Royal Ships, Justices of the Peace, Provost-Marshals, Marshals, Comptrollers, Collectors of Our Customs, Wayters, Searchers, and all other Our Officers and Ministers Civil and Military, by Sea or Land, in every of Our said American Dominions or Plantations, to take effectual care, That no person or persons whatsoever within their respective Limits or Jurisdictions (except the said Company and their Successours) do send or Navigate any Ships or Vessels, or Exercise any Trade from any of Our said Dominions or Plantations, to any part of the said Coast of Africa, within the Limits aforesaid, or from thence to Import any Negro Servants, Gold, Elephants Teeth, or other Goods of the Product of any of those Parts, into any of Our said Dominions or Plantations in America; And if any person or persons shall presume to act or do in any wise contrary to this Our Royal Proclamation, to the end Our Will and Pleasure herein may be the better observed, We do further Will, Require, and strictly Command all Our said Governours, Deputy-Governours, Admirals, Vice-Admirals, Generals, Judges of Our Court of Admiralty, Commanders of Our Forts and Castles, Captains of Our Royal Ships, Justices of the Peace, Provost-Marshals, Marshals, Comptrollers, Collectors of Our Customs, Wayters, Searchers, and all other Our Officers and Ministers Civil and Military, by Sea or Land, in every of Our said American Dominions and Plantations, That as often as need shall require, they be Aiding and Assisting to the said Royal African Company, their Successors, Factors, Deputies or Assigns, to Attach, Arrest, Take and Seize all such Ship or Ships, Vessel or Vessels, Negro Servants, Gold, Elephants Teeth, or Goods, Wares and Merchandizes, wheresoever they shall be found, for Our Use, according to Our Royal Charter Granted to the said Company, upon pain of Our high Displeasure, and as they will answer the contrary at their Perils.

Given at Our Court at Whitehall, the Thirtieth day of November, in the Six and twentieth year of Our Reign.

GOD SAVE THE KING.

London, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty. 1674.

_2 pp. folio. Copies in Antiq., Bodl., B. M., Crawf., Dalk., P. C., P. R. O., Q. C., and N. Y. Historical Society. Entered on Patent Rolls. Abstract printed in "London Gazette," Dec. 10, 1674._

FOOTNOTES:

[1] An abstract of this charter, dated September 27, 1672, is printed in the _Cal. State Papers, Colonial, 1669-1674_, p. 409.

[2] The action of the Privy Council, November 4, 1674, resulting from a petition of the Royal African Company that American interlopers be kept out of the African trade, is in the _Acts of the Privy Council_, i, 614. The proclamation was approved on November 25, and on December 2, letters were sent to the various colonial governors forwarding directions regarding it (_Idem_, pp. 615, 616).

1675, October 1.

[For Apprehending Don Philip Hellen.]

BY THE KING.

A PROCLAMATION

FOR THE DISCOVERY AND APPREHENSION OF CAPTAIN DON PHILIP HELLEN, ALIAS FITZ-GERALD.

CHARLES R.

Whereas it hath been represented unto Us by the humble Petition of Martin Stamp, and due proof made by the Testimony of credible Witnesses, That Timothy Stamp, Brother of the said Martin, being a Merchant, was in December 1672, taken by a Spanish Man of War, and his Ship, called the Humility of London, and the Goods therein, to the value of Five thousand pounds, carried into the Port of Havana; But the Governour of the place not finding cause for the Detainer of the said Ship, restored the same, with promise of Satisfaction for the Damage sustained, and a Protection against all Spanish Ships; Yet during the restraint of the said Ship, a Man of War was fitted out under the Command of Don Philip Hellen, alias Fitz-gerald[1] (Our Natural born Subject) who retook the said Ship within Musquet shot of the Castle of Havana, and after Tortured and Murdered the said Timothy Stamp, and most of his men; some they hanged until they were half dead, and then cut them with their swords, afterwards hung them up again until they were almost dead, then cut them in pieces with an Ax; others had their Arms cut off, and were cleft down with Axes; And afterwards the said Don Philip Hellen, alias Fitz-gerald, and his Company shared the said Ship and Goods; And the like Barbarous cruelty the said Don Philip Hellen, alias Fitz-gerald, hath since exercised upon other Our Subjects: We have therefore thought fit (with the advice of Our Privy Council) to publish the same to all Our loving Subjects, and doubt not of their care and forwardness in the discovery and apprehension of the said Fitz-gerald: And We do by this Our Proclamation (whereof he ought and shall be presumed to take notice) Enjoyn and Command the said Don Philip Hellen, alias Fitz-gerald, within Six Moneths after the publication hereof, to render himself to one of Our Principal Secretaries of State, or to the chief Governour of the Island of Jamaica, or to the chief Governour of some other of Our Foreign Plantations, to receive and undergo such Order as shall be given concerning him. And We do hereby further publish and declare, That if the said Don Philip Hellen, alias Fitz-gerald, shall not within the time aforesaid, render himself accordingly, then if any person or persons whatsoever shall at any time after apprehend and bring him dead or alive to one of Our Principal Secretaries of State, or to the Governour of Our Island of Jamaica, or to the chief Governour of any other of Our Foreign Plantations, he or they so apprehending and bringing him, shall have a reward of One thousand pieces of Eight. And We do also strictly Charge and Command all Our Officers and Ministers, as well Military as Civil, and other Our Subjects whatsoever, to be diligent, and use their best endeavours to search for and apprehend the said Don Philip Hellen, alias Fitz-gerald, in all places whatsoever, as they will answer the neglect therof at their perils. And We do hereby further publish and declare, That if any of Our Subjects shall after the publication of this Our Proclamation, directly or indirectly conceal or harbour the said Don Philip Hellen, alias Fitz-gerald, or shall not use his or their best endeavours for his discovery and apprehension, as well by giving due advertisement 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 Command, with all severity.

Given at Our Court at Whitehall the First day of October 1675. In the Seven and twentieth year of Our Reign.

GOD SAVE THE KING.

London, Printed by the Assigns of John Bill and Christopher Barker, Printer to the Kings most Excellent Majesty. 1675.

_2 pp. folio. Copies in Antiq., Bodl., B. M., Ch., Crawf., Dalk., P. C., P. R. O., T. C. D., and in N. Y. Historical Society. Entered on Patent Rolls. Printed in "London Gazette," Oct. 14, 1675._

FOOTNOTE:

[1] For various documents regarding Fitz-gerald's piracies in the West Indies, see _Cal. State Papers, Colonial, 1669-1674_, pp. 505, 537, 557, 608; _Idem_, _1675-1676_, pp. 205, 293; and _Acts of the Privy Council_, i, pp. 594, 595, 600, 613, 632.

1675, November 24.

[Enforcing Navigation Acts.]

BY THE KING.

A PROCLAMATION

FOR PROHIBITING THE IMPORTATION OF COMMODITIES OF EUROPE INTO ANY OF HIS MAJESTIES PLANTATIONS IN AFRICA, ASIA, OR AMERICA, WHICH WERE NOT LADEN IN ENGLAND, AND FOR PUTTING ALL OTHER LAWS RELATING TO THE TRADE OF THE PLANTATIONS, IN EFFECTUAL EXECUTION.

CHARLES R.

Whereas by one Act of Parliament made in the Fifteenth year of His Majesties Reign, Entituled, (An Act for the Encouragement of Trade)[1] it is Enacted, That from and after the Twenty fifth day of March 1664, no Commodities of the growth, production or manufacture of Europe, shall be Imported into any Land, Island, Plantation, Colony, Territory or Place to His Majesty belonging, or which shall belong unto, or be in the possession of His Majesty, His Heirs or Successors, in Asia, Africa, or America, (Tanger onely excepted) but what shall be bona fide, and without fraud Laden and Shipped in England, Wales, or the Town of Berwick upon Tweed, and which shall be carried directly thence to the said Lands, Islands, Plantations, Colonies, Territories and Places, and from no other place whatsoever, any Law, Statute, or Usage to the contrary notwithstanding, under the Penalty of the Loss of all such Commodities of the Growth, Production or Manufacture of Europe, as shall be Imported into any of them, from any other place whatsoever, by Land, or by Water; and if by Water, of the Ship or Vessel also in which they were Imported, with all her Guns, Tackle, Furniture, Ammunition and Apparel; the said forfeitures to be disposed as by the said Act is directed: Provided, that it shall be lawful to Ship and Lade in such Ships, and so Navigated, as in the said Act is expressed, in any part of Europe, Salt for the Fisheries of New England and New-found-land; and to ship and lade in the Maderas, Wines of the growth thereof; and ship and lade in the Western Islands, or Azores, Wines of the growth of the said Islands; and to ship and take in Servants or Horses in Scotland or Ireland; and to ship or lade in Scotland, all sorts of victual of the growth or production of Scotland; and to ship or lade in Ireland, all sorts of victual of the growth or production of Ireland, and the same to transport into any of the said Lands, Islands, Plantations, Colonies, Territories, or Places; Any thing in the foregoing Clause to the contrary notwithstanding. And whereas His Majesty is well informed, that notwithstanding the said Act of Parliament, great quantities of other Commodities of the growth, production and manufacture of Europe (then what are by the said Act permitted) have been, and are daily Imported into several of His Colonies, Plantations, and Territories, in Asia, Africa and America, (besides Tanger;) and that His Majesties Subjects of some of His Colonies, and Plantations, have not onely supplied themselves with such Commodities not Shipped in England, Wales or Berwick, but have conveyed them by Land and Water, to other of His Majesties Colonies and Plantations, to the great prejudice of His Majesties Customs, and of the Trade and Navigation of this Kingdom: His Majesty therefore for the prevention thereof for the future, doth by this His Royal Proclamation, (with the Advice of His Privy Council)[2] Require and Command all and every his Subjects, that they do not for the future presume to Import any Commodities of the growth, production, or manufacture of Europe, (except what may be Imported by vertue of the Proviso aforesaid) by Land, or Water, into any Land, Island, Plantation, Colony, Territory or Place to His Majesty belonging, or which hereafter shall belong unto, or be in the possession of His Majesty, His Heirs and Successors, (Tanger onely excepted) but which shall be bona fide, and without fraud laden and Shipped in England, Wales, or the Town of Berwick, and carried directly from thence, according to the true meaning of the said Act; whereof all persons concerned are to take notice, and yield due obedience thereunto. And His Majesty doth further strictly direct and require all Governours of His Colonies, and Plantations, and of all Lands, Islands, and Places in His possession in Asia, Africa, and America, (Tanger onely excepted) to take care that this His Royal Proclamation be put in due Execution: and also that one Act made in the Twelfth Year of His Majesties Reign, Entituled, An Act for the Encouraging and Increase of Shipping and Navigation, and one Act made in the Two and twentieth and Three and twentieth years of His Reign, Entituled, (An Act for the Regulating the Plantation Trade,) and also one other Act made in the Five and twentieth year of His Majesties Reign, Entituled, (An Act for the better Securing the Plantation Trade)[3] together with all other the Laws of this His Kingdom of England, relating to the Trade of His Plantations, be duely observed and put in execution in their respective Governments; And His Majesty doth further require all His said Governours, and that they Command all Officers, Civil and Military under their respective Commands, to be aiding and assisting therein, and to the Collectors and other Officers of His Majesties Customs under them, in the Execution of their respective Offices in order thereunto, as they and every of them will answer the contrary at their utmost perils.

Given at Our Court at Whitehall, the Twenty fourth day of November, In the Seven and twentieth year of Our Reign.

GOD SAVE THE KING.

London, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty. 1675.

_2 pp. folio. Copies in Antiq., Bodl., B. M., Crawf., Dalk., Guild., P. C., P. R. O., Q. C., and T. C. D. Printed in "London Gazette," Dec. 6, 1675._

FOOTNOTES:

[1] The second Navigation Act of 1663, cited as 15 Chas. II, ch. 7, printed in _Statutes of the Realm_, vol. 5, p. 449.

[2] Ordered published by the Council, November 24, 1675 (_Acts of Privy Council_, i, 638).

[3] The above three acts are (1) "An Act for the Encourageing and increasing of Shipping and Navigation," 12 Chas. II, ch. 18, of the year 1660, printed in _Statutes of the Realm_, v, 246; (2) "An Act to prevent the Planting of Tobacco in England, and for Regulating the Plantation Trade," 22-23 Chas. II, ch. 26, of the year 1670, printed in _Statutes of the Realm_, v, 747; and (3) "An Act for the incouragement of the Greeneland and Eastland Trades, and for the better secureing the Plantation Trade," 25 Chas. II, ch. 7, of the year 1672, printed in _Statutes of the Realm_, v, 792. For a general description of the Navigation Acts, see Channing, _History of the United States_, ii, 27; Channing's "Navigation Laws" in _Amer. Antiquarian Society Proceedings_, vi, 160; and Beer's "Commercial Policy of England toward the American Colonies," in _Columbia University Studies_, ii, pt. 2. The acts themselves are reprinted in MacDonald's _Select Charters_.

1676, April 1.

[Concerning Passes for Ships.]

BY THE KING.

A PROCLAMATION

CONCERNING PASSES FOR SHIPS.

CHARLES R.

His Majesty (with the Advice of His Privy Council) doth by this His Royal Proclamation publish and declare, That all Passes for Ships Entred out for the East or West Indies, or the parts of Africa beyond Cape Verde, which were granted before the date hereof, shall determine upon their return, and being unladen in some Port of England or Wales, or at the Town of Berwick upon Tweed; And that all Passes by vertue of any other Treaties then those of Algiers, Tunis and Tripoly,[1] for Ships Entred for the Mediterranean Sea, or Trading there, granted before the 25^{th} of March 1675, shall determine at Michaelmas 1676. And that all such Passes for such Ships, granted after the 25^{th} of March 1675, and before the date of this Our Royal Proclamation, shall determine on the 25^{th} day of March 1677. And that if any of the said Ships shall be in any Port of this Kingdom, or in any Member or Creek thereof, at the time of the publishing of this Our Royal Proclamation, their Passes shall be then void; And if any of the said Ships shall happen to come into any Port of England, after the publishing of this Our Royal Proclamation, and before the expiring of the said Periods, and unlade, their Passes shall thereupon determine; And also that all Passes granted to Ships Entred to any other part of the World, or Coastwise, such Passes shall determine on the 29^{th} day of September 1676. And hereof all persons concerned are to take notice at their perils.

Given at Our Court at Newmarket the First day of April 1676. In the Eight and twentieth year of Our Reign.

GOD SAVE THE KING.

London, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty. 1676.