Part 10
And whereas the vain and wanton taking of Tobacco being at length grown to an excesse, and this excesse having begotten an inordinate desire thereof in those that use it, and much of the Tobacco of Our said Colonies imported hither, being unserviceable as aforesaid, divers of Our Merchants for their own private gain have returned the proceed of the solid Commodities of Our Kingdoms by them vented in Forreign parts in Spanish Tobacco, et many of Our Subjects here have planted great quantities of Tobacco in severall parts of this Our Realme, which Tobacco here planted through the coldnesse of the Climate, and unaptnesse of the Soil, not coming to a perfect maturitie, is altogether unwholesome to be taken. By all which means the forreigne Plantations of Our Subjects remain unfortified, and are in apparant danger to be ruined, the Planters are grieved and discouraged, the Colonies of other Nations do flourish, the wealth of Our Kingdoms is exhausted, the immoderate use of a vain and needlesse weed is continued, the health of Our Subjects is much impaired, and their manners in danger to be depraved.
And although Wee out of Our Princely care of Our said Plantations abroad, and the good of Our Subjects at home, have formerly as well by Proclamation as otherwise, given direction in the premisses, and have provided against all the afore-mentioned evils, yet this Our care hath not hitherto produced that good effect which We intended and desired, for that fit, diligent and able Agents have not hitherto been imployed in these Our services, to see Our purposes deduced into Act: For these causes, and for divers other weighty considerations tending to the honour of Our said Plantations, et to the good as wel of Our said Planters, as of Our people here, Wee by the advice of the Lords and others of Our Privy Councell, have resolved to regulate Our said Plantations, and the planting, making up, and ordering of Tobacco there, and to limit and appoint what quantities of Tobacco shall henceforth be imported into Our Kingdoms, as well for the expence of Our Realmes, as for Our own services, and also to buy and take into Our own hands and mannaging all Tobacco from henceforth so to be imported, at such reasonable prices to be given for the same, as shall be expedient for the relief and better encouragement of the said Planters, and likewise to regulate the trade and sales of Tobacco here at home, and to commit the care and trusts of the premisses unto such fit Agents as Wee shall nominate in that behalf; All which Wee intend to put in speedy execution.[1]
And to the end Our Royall intentions touching the premisses may the better take effect, Wee do hereby will and command, That no person whatsoever, do at any time hereafter plant or cause to be planted any Tobacco within Our Kingdoms of England and Ireland, or either of them, or within Our Dominion of Wales, or Town of Barwick, or within Our Islands of Jersey and Gernesey, or either of them, or within Our Isle of Man: And that all Tobacco already planted, and now growing there, be presently displanted and utterly distroyed.
And to the end the doing hereof be not in any wise omitted or neglected, Wee do charge and command all Constables, Tithingmen, Headboroughs, and other Officers within their severall limits and jurisdictions carefully to see the same executed accordingly. And further Wee do will and command all Justices of Peace, Maiors, Sheriffes, and other principall Officers in their severall places, within the compasse of their severall jurisdictions and authorities, upon complaint to them made, to cause the same to be duly performed, without partialitie, and they and every of them will answer their Contempts at their perils.
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.