Part 11

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.