Part 15

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.

_1 p. 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," No. 1084._

FOOTNOTE:

[1] Two treaties had been recently entered into, viz.: "Articles of Peace between Great Britain and Tunis, concluded October, 1662. Renewed and confirmed February 4, 1674/5," and "Capitulations and Articles of Peace between Great Britain and the Ottoman Empire, September, 1675" (_Several Treaties of Peace and Commerce_, London, 1686, pp. 157, 203. See also Playfair's _Scourge of Christendom_, pp. 115-119). One of the clauses of these treaties required that all Englishmen traveling in foreign ships should be provided with passports. A proclamation of December 22, 1675, ordered that all passes issued before 1675 should expire on May 1, 1676, and that all new passes, except those for Guinea or the East or West Indies, should be in force for only one year. Another proclamation of January 28, 1676, explained that the passes referred to as expiring on May 1 concerned only the Mediterranean trade (see proclamation calendared in Lord Crawford's _Tudor and Stuart Proclamations_). The proclamation above printed was issued to determine the expiration of passes granted for the English colonial trade.

1676, October 27.

[Suppressing the Rebellion in Virginia.]

BY THE KING.

A PROCLAMATION

FOR THE SUPPRESSING A REBELLION LATELY RAISED WITHIN THE PLANTATION OF VIRGINIA.

CHARLES R.

Whereas Nathaniel Bacon[1] the Younger, of the Plantation of Virginia, and others his Adherents and Complices (being Persons of mean and desperate Fortunes) have lately in a Traiterous and Rebellious manner levyed War within the said Plantation, against the Kings most Excellent Majesty, and more particularly being Assembled in a Warlike manner to the number of about Five Hundred Persons, did in the Moneth of June last past, Inviron and Besiege the Governor and Assembly of the said Plantation (then met together about the Publique affairs of the same Plantation) and did by Menaces and Threats of present Death compel the said Governor and Assembly to pass divers pretended Acts: To the end therefore that the said Nathaniel Bacon and his Complices may suffer such punishment as for their Treason and Rebellion they have justly deserved; His Majesty doth (by this His Royal Proclamation) Publish and Declare, That the said Nathaniel Bacon, and all and every such Persons and Person, being His Majesties Subjects within the said Plantation, as have taken Arms under, willingly joyned with, or assisted, or shall hereafter take Arms under, willingly joyn with, or assist the said Nathaniel Bacon, in raising or carrying on the War (by him as aforesaid levyed) are and shall be guilty of the crime of High Treason. And His Majesty doth hereby strictly Charge and Command all His Loving Subjects, That they do use their utmost endeavour to Apprehend and Secure the Persons of the said Nathaniel Bacon, and of all and every the said Complices, in order to the bringing of them to their Legal Tryal. And for the better encouragement of His Majesties said Loving Subjects to Apprehend and bring to Justice the said Nathaniel Bacon (who hath been chief Contriver and Ring-leader of the said Rebellion) His Majesty doth hereby Declare, That such Person or Persons as shall Apprehend the said Nathaniel Bacon, and him shall bring before His Majesties Governor, Deputy Governor, or other Commander in Chief of His Majesties Forces within the said Plantation, shall have as a Reward from His Majesties Royal Bounty, the sum of Three Hundred Pounds Sterling, to be paid in Money by the Lieutenant Governor. And because it may be probable that many of the Adherents and Complices of the said Nathaniel Bacon may have been seduced by him into this said Rebellion, by specious, though false pretences; His Majesty out of His Royal Pity and Compassion to his seduced Subjects, doth hereby Declare, That if any of His Subjects who have or shall have ingaged with, or adhered to the said Nathaniel Bacon in the said Rebellion, shall within the space of Twenty days after the publishing of this His Royal Proclamation, submit himself to His Majesties Government, and before the Governor, Deputy Governor, or other Commander in Chief of His Majesties Forces within the said Plantation, take the Oath of Obedience mentioned in the Act of Parliament made in England in the Third year of the Reign of His Majesties Royal Grandfather, and give such Security for his future good behaviour, as the said Governor, Deputy Governor, or Commander in Chief shall approve of, That then such Person so submitting, taking such Oath, and giving such Security, is hereby pardoned and forgiven the Rebellion and Treason by him committed, and shall be free from all punishments and forfeitures for or by reason of the same. And His Majesty doth hereby further Declare, That if any of His Subjects who have engaged, or shall engage with, or have adhered, or shall adhere to the said Nathaniel Bacon in the said Rebellion, shall not accept of this His Majesties gracious offer of Pardon, but shall after the said Twenty days expired, persist and continue in the said Rebellion, That then such of the Servants or Slaves of such persons so persisting and continuing such Rebellion, as shall render themselves to, and take up Arms under His Majesties Governor, Deputy Governor, or other Commander in Chief of His Majesties Forces within the said Plantation, shall have their Liberty, and be for ever Discharged and Free from the Service of the said Offenders. And to the intent His Majesties Loving Subjects within the said Plantation may understand how desirous and careful His Majesty is to remove from them all just Grievances, His Majesty doth hereby make known to all His said Subjects, That he hath not only alrady given particular Instructions to His Governor, to reduce the Salaries of the Members of the Assembly to such moderate rates as may render them less burthensom to the Countrey, but hath also appointed and sent into the said Plantation, Herbert Jeffreys Esq; Sir John Berry Knight, and Francis Morison Esq; His Majesties Commissioners, to inquire into, and report to His Majesty all such other Grievances as His Majesties subjects within the said Plantation do at present lye under, to the end that such relief and redress may be made therein, as shall be agreeable to His Majesties Royal Wisdom and Compassion. And although the pretended Acts or Laws made in the said Assembly of June last (being in manner aforesaid obtained) are in themselves null and void, yet to the intent no Person may pretend ignorance, His Majesty hath thought fit hereby to Declare and Publish His Royal Pleasure to be, That all and every Acts and Act, made or pretended to be made by the said Governor and Assembly in the late Grand Assembly held at James City in the Moneth of June last past, shall be taken and held as null and void, and shall not for the future be observed or put in execution.

Given at Our Court at Whitehall this Seven and Twentieth day of October, 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.

_2 pp. folio. Two copies in P. R. O._

FOOTNOTE:

[1] The most comprehensive account of Bacon's Rebellion is to be found in Osgood's _American Colonies_, iii, ch, 8. The above proclamation was ordered by the King in Council, Sept. 20, 1676, and altered and approved Oct. 25 (see _Cal. State Papers, Colonial, 1675-1676_, pp. 455, 474).

1681, April 2.

[Granting Pennsylvania to William Penn.]

CHARLES R.

Whereas His Majesty, in consideration of the great Merit and Faithful Services of Sir William Penn deceased, and for divers other good Causes Him thereunto moving, hath been Graciously pleased by Letters Patents bearing Date the Fourth day of March last past,[1] to Give and Grant unto William Penn Esquire, Son and Heir of the said Sir William Penn, all that Tract of Land in America, called by the Name of Pennsilvania, as the same is Bounded on the East by Delaware River, from Twelve Miles distance Northwards of Newcastle Town, unto the Three and fourtieth Degree of Northern Latitude, if the said River doth extend so far Northwards, and if the said River shall not extend so far Northward, then by the said River so far as it doth extend: And from the Head of the said River, the Eastern Bounds to be determined by a Meridian Line to be Drawn from the Head of the said River, unto the said Three and fourtieth Degree, the said Province to extend Westward Five Degrees in Longitude, to be Computed from the said Eastern Bounds, and to be Bounded on the North, by the Beginning of the Three and fourtieth Degree of Northern Latitude, and on the south by a Circle Drawn at Twelve Miles distance from Newcastle Northwards, and Westwards unto the Beginning of the Fourtieth Degree of Northern Latitude, and then by a straight line Westwards to the limit of Longitude above mentioned, together with all Powers, Preheminencies and Jurisdictions necessary for the Government of the said Province, as by the said Letters Patents, Reference being thereunto had, doth more at large appear.

His Majesty doth therefore hereby Publish and Declare His Royal Will and Pleasure, That all Persons Settled or Inhabiting within the Limits of the said Province, do yield all Due Obedience to the said William Penn, His Heirs and Assigns, as absolute Proprietaries and Governours thereof, as also to the Deputy or Deputies, Agents or Lieutenants, Lawfully Commissionated by him or them, according to the Powers and Authorities Granted by the said Letters Patents; Wherewith His Majesty Expects and Requires a ready Complyance from all Persons whom it may concern, as they tender His Majesties Displeasure.

Given at the Court at Whitehall the Second day of April 1681. In the Three and thirtieth year of Our Reign.

To the Inhabitants and Planters of the Province of Pennsilvania.

By his Majesties Command, CONWAY.

London, Printed by the Assigns of John Bill, Thomas Newcomb, and Henry Hills, Printers to the Kings most Excellent Majesty. 1681.

_1 p. folio. Copy in B. M. Printed in "Charter to William Penn, and Laws of the Province of Pennsylvania," 1879, p. 466, from original in Land Office at Harrisburg. Reproduced in lithograph fac-simile in J. J. Smith's "American Historical and Literary Curiosities," 1860, series 2, pl. 43._

FOOTNOTE:

[1] The charter of Pennsylvania, March 4, 1681, is printed in the _Charter to William Penn, and Laws of the Province of Pennsylvania_, Harrisburg, 1879, where a fac-simile of the original document is also reproduced. In the Public Record Office is a draft of the charter, dated February 28, 1681, and signed by the clerk of the Chapel of the Rolls (_Cal. State Papers, Colonial, 1681-1685_, p. 14; see also _Acts of Privy Council_, ii, 17). For the founding of Pennsylvania, see Shepherd's _History of Proprietary Government in Pennsylvania_.

1685, February 6.

[Continuing Officers in the Colonies.]

BY THE KING.

A PROCLAMATION.

JAMES R.

Forasmuch as it hath pleased Almighty God lately to call unto his infinite Mercy the most High and Mighty Prince, Charles the Second of most Blessed Memory, the Kings Majesties most Dear and most Entirely Beloved Brother, by whose Decease the Authority and Power of the most part of the Officers and Places of Jurisdiction and Government within his Majesties Dominions did cease and fail, the Soveraign Person failing, from whom the same were derived. The Kings most Excellent Majesty in His Princely Wisdom and Care of the State (reserving to His Own Judgment hereafter, the Reformation and Redress of any Abuses in Mis-government, upon due Knowledge and Examination thereof) is Pleased, and hath so expresly Signified, That all Persons that at the time of the Decease of the late Kings His dearly beloved Brother, were Duly and Lawfully Possessed of, or Invested in any Office, or Place of Authority or Government, either Civil or Military, within His Majesties Realm of England and Ireland, Islands of Jerzey and Guernsey, Sark or Alderney, or within His Majesties Colonies and Plantations in America; And namely, all Governors, Lieutenants or Deputy-Governors, Councellors, Judges, Justices, Provost-Marshals, Sheriffs, Justices of the Peace, and all others in place of Government, either Meaner or Superior, as aforesaid; And all other Officers and Ministers, whose Interests and Estates in their Offices are determined, shall be, and shall hold themselves continued in the said Places and Offices, under the same Condition as formerly they held and enjoyed the same, until His Majesties Pleasure be further known, or that other Provision be made pursuant to His late Majesties Commission and Instructions to His Governors and Officers of the Islands, Colonies and Plantations aforesaid. And that in the mean while, for the Preservation of the State, and necessary Proceedings in matters of Justice, and for the Safety and Service of the State; All the said Persons of whatsoever Degree or Condition may not fail, every one severally, according to his Place, Office or Charge, to proceed in the Performance of all Duties thereunto belonging, as formerly appertained unto them, while the late King was living. And further, His Majesty doth hereby Will and Command all and singular His Highnesses Subjects, of what Estate, Dignity, and Degree, they or any of them be, to be Aiding, Helping and Assisting, and at the Commandment of the said Officers and Ministers, in the Performance and Execution of the said Offices and Places, as they and every of them Tender His Majesties Displeasure, and will answer the Contrary at their uttermost Perils. And further, His Majesty's Will and Pleasure and Express Commandment is, That all Orders and Directions Made or Given by the Late King, of most Blessed Memory, the Lords of His Privy-Council, or His Principal Secretaries of State, or other Legal Authority, derived from His said Majesty in His Lifetime, shall be Obeyed and Performed by all and every Person and Persons, and all and every Thing and Things to be done thereupon, shall Proceed as Fully and Amply as the same should have been Obeyed or Done, in the Life of the said Late King, His Majesty's most Dearly and most Entirely Beloved Brother, until His Majesties Pleasure be further known thereupon.[1]

Given at the Court at Whitehall, the Sixth Day of February, In the First Year of His Majesty's Reign of England, Scotland, France and Ireland, and other His Majesties Territories and Dominions.

GOD SAVE THE KING.

London, Printed by the Assigns of John Bill deceas'd: And by Henry Hills, and Thomas Newcomb, Printers to the Kings most Excellent Majesty. 1684.

_1 p. folio. Copies in Bodl., B. M., Ch., Crawf., Dalk., Guild., P. C., Q. C., and T. C. D.; also in Mass. State Archives. Entered in Privy Council Register, II James, vol. 1, p. 6._

FOOTNOTE:

[1] A letter to the several Governors of the Plantations was drawn up in the Council, February 6, 1685, announcing the death of King Charles, ordering that the new King be proclaimed in the colonies, and transmitting the above proclamation (_Acts of Privy Council_, ii, 74; see also _Cal. State Papers, Colonial, 1685-1688_, p. 1).

1685, April 1.