Part 16
[Prohibiting African Trade to Plantations.]
BY THE KING.
A PROCLAMATION
TO PROHIBIT HIS MAJESTIES SUBJECTS TO TRADE WITHIN THE LIMITS ASSIGNED TO THE ROYAL AFRICAN COMPANY OF ENGLAND, EXCEPT THOSE OF THE COMPANY.
JAMES R.
Whereas Our Dearly Beloved Brother the late King of ever Blessed Memory, for the Supporting and Managing of a Trade very beneficial to this Our Kingdom, and Our Foreign Plantations upon the Coasts of Guiny, Buiny, Angola, and other Parts and Places in Africa, from the Port of Sally in South-Barbary inclusive, to the Cape De Bona Esperanza inclusive, by His Letters Patents under the Great Seal of England, bearing Date the Twenty seventh day of September, in the Four and twentieth year of His Reign, did Incorporate divers of His Loving Subjects, by the Name of the Royal African Company of England;[1] and did thereby Grant unto the said Company the whole, intire, and onely Trade into, and from Africa aforesaid, and the Islands and Places near adjoyning to the Coast of Africa, and comprehended within the Limits aforesaid, with Prohibition to all other His Majesties Subjects to Trade there: And that in pursuance to such Grant, the said Company have Raised a very Great Stock Sufficient to Manage the Trade thereof; and have since been at great Charges and Expence in Fortifying and Settling divers Garrisons, Forts and Factories for the better Securing of the said Trade, whereby the same began to flourish, to the great Commodity of this Kingdom, and Our Foreign Plantations, until of late disturbed by several ill disposed Persons, who preferring their private profit before the Publick Good, have contrary to the said Royal Grant, and the Express Proclamation of the King Our Dearly Beloved Brother, bearing Date the Thirtieth day of November, in the Six and twentieth year of His Reign, in a Clandestine and Disorderly manner, Traded into those Parts, to the apparent danger of the Decay and Destruction of the said Trade, and in manifest Contempt and Violation of the undoubted Prerogative of the Crown, whose Right it is by the known Laws of these Our Realms, to Limit and Regulate such Foreign Trades into those Remote Parts of the World; We taking the same into Our Princely Consideration, Do not onely give Leave and Direct, That the Persons who have so Contemptuously Violated the said Companies Charter, and the said Proclamation, be Prosecuted in Our Name at Law, in order to their Condign Punishment according to their Demerits: But for the Prevention of the like evil Practices for the future, We have thought fit, with Advice of Our Privy Council, 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 Successors, and such as shall be Imployed or Licenced by them, at any time or times hereafter to Send or Navigate any Ship or Ships, Vessel or Vessels, or Exercise any Trade to or from any of the Parts or Coasts of Africa from Sally, to Cape De Bona Esperanza, or any of the Islands near adjoyning thereunto as aforesaid, or from thence to carry any Negro Servants, Gold, Elephants Teeth, or any other Goods and Merchandizes of the Product or Manufacture of the said Places upon Pain of Our High Displeasure, and the Forfeiture and Loss of the said Negroes, Gold, Elephants Teeth, and all other Goods and Merchandizes, and the Ships and Vessels which shall be taken or found Trading in any Place or Places upon the Coast of Africa aforesaid, within the Limits aforesaid: 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, Waiters, 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 Successors, and such as shall be Employed or Licenced by them) 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 and 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, Waiters, 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: And We do hereby Require and Command all and every of Our Subjects who are or reside in Africa aforesaid, within the Limits aforesaid, or who are upon the Sea in their Voyage thither, Except such who are Imployed or Licenced by the said Company, That they do within Four Months next ensuing the Date hereof, Depart thence, and Return into this Kingdom, upon Pain and Peril that may fall thereon.
Given at Our Court at Whitehall, the First Day of April, 1685. In the First Year of Our Reign.
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, 1685.
_1 p. folio. Copies in Bodl., B. M., Ch., Crawf., Guild., P. C., Q. C., and T. C. D. Entered on Patent Rolls; entered in Privy Council Register, II James, vol. 1, p. 55. Noted in "London Gazette," April 9, 1685._
FOOTNOTE:
[1] See _ante_, p. 121.
1688, January 20.
[Suppressing Pirates in America.]
BY THE KING.
A PROCLAMATION
FOR THE MORE EFFECTUAL REDUCING AND SUPPRESSING OF PIRATES AND PRIVATEERS IN AMERICA.
JAMES R.
Whereas frequent Robberies and Piracies have been, and are daily committed by great numbers of Pirates and Privateers as well on the Seas as on the Land of and in America, which hath occasioned a great prejudice and obstruction to the Trade and Commerce as well of Our Subjects, as of the Subjects of Our Allies, and hath given a great Scandal and Disturbance to Our Government in those Parts. And whereas We being resolved to take some effectual course for the putting an end to all such Outragious Insolencies, have therefore thought it requisite to send a Squadron of Ships into the Parts aforesaid, under the Command of Our Trusty and Welbeloved Servant Sir Robert Holmes,[1] Knight, Our Governor of Our Isle of Wight, and have otherwise given him all necessary Powers for Suppressing of the said Pirates and Privateers, either by force, or assurance of Pardon, and have Constituted and Appointed the said Sir Robert Holmes Our Sole Commissioner in that Affair; Now to the end that this Our Royal Purpose may be the better put in Execution, and that none of the said Offenders may have any cause of excuse or pretence left for want of a due Advertisement of Our Intended Mercy and Clemency towards them, upon their withdrawing themselves from their said wicked and Piratical courses for the future: We are Graciously pleased hereby to Promise and Declare, That in case any such Pirate or Privateer Pirates or Privateers shall within the space of Twelve months next ensuing the Date of this Our Proclamation, either in Person, or by their Agents Surrender, or become obliged to Surrender him or themselves unto the said Sir Robert Holmes, or any other person or persons appointed by him, or such other person or persons as in case of his Death shall be further Constituted and Appointed by Us, within any of Our said Islands, Plantations, Colonies, or other Places on the Sea or Land, lying between the Tropiques of Cancer and Capricorn in America, and in case any Pirate or Privateer, Pirates or Privateers shall within the space of Fifteen months next ensuing the Date of these Presents, Surrender, or become obliged to Surrender him or themselves to the said Sir Robert Holmes, or any others Appointed as aforesaid, in any other parts of America, or within Our Kingdom of England, and shall give sufficient Security to be approved of by the said Sir Robert Holmes, or in case of his Death, by such other person or persons as shall be further Appointed by Us, for his or their future good Behaviour, We will, upon such humble Submission, and after such Security given, Grant unto such Pirate or Pirates, Privateer or Privateers, Our Gracious, Full and Ample Pardon for all Piracies or Robberies committed by him or them upon the Sea or Land before the Date of these Presents. And we do hereby straightly Charge and Command all and singular Our Admirals, Vice-Admirals, Chief Governours, Captains, Commanders, Mariners, Seamen, and all Our Officers and Ministers of and in all and every Our said Islands, Plantations, Colonies, and Territories whatsoever, and of all and every Our Ships of War and other Vessels, and all other Our Officers and Subjects whatsoever, not only to be Aiding, Favouring and Assisting in their several Places and Stations, unto the said Sir Robert Holmes, and such other Person or Persons as shall be appointed as aforesaid in and for the more effectual Reducing and Suppressing of all manner of Pirates and Privateers within the Limits and Parts aforesaid, or any of them, but also (upon the producing a Certificate or Instrument under the Hand and Seal of the said Sir Robert Holmes, or such other Person as in case of his Death shall be further Appointed by Us, signifying that any Pirate or Privateer, Pirates or Privateers hath or have Surrendered him or themselves unto the said Sir Robert Holmes, or such other Person or Persons appointed as aforesaid, and given Security for their future good Behaviour according to the Tenor of these Presents) to permit and suffer the said person or persons lawfully to Pass and Travel either by Sea or Land, without any Let, Hindrance or Molestation whatsoever, to or from any of Our said Islands, Plantations or Colonies, or into Our Kingdom of England, as soon as conveniently may be, in Order to his or their receiving Our full and Gracious Pardon as aforesaid, and that in the meantime no Indictment, Process, or other Proceeding shall be had in any of Our Courts of Record, or elsewhere, against any such person or persons producing such Certificate or Instrument, for any Piracy or Robbery by him or them committed as aforesaid, before the Date of these Presents. Provided always, That if any of the said Offender or Offenders whatsoever shall after the Publishing of this Our Proclamation, in contempt thereof, and of Our Princely Mercy and Clemency to them hereby offered, wilfully and obstinately persist in their Piracies, Robberies and Outragious Practices, or shall not Surrender themselves in manner aforesaid; Then We do hereby expressly Direct and Command, That all and every such person and persons shall be pursued with the utmost Severity, and with the greatest Rigour that may be, until they and every of them be utterly Suppressed and Destroyed; We Declaring it to be Our Royal Purpose and Resolution, That they and every of them shall from thenceforth be finally Excluded and Debarr'd from receiving any further Favour or Mercy. And lastly We do hereby Revoke, Annul and make void all Proclamations by Us formerly Issued touching the Premisses herein above mentioned, or any of them.
Given at Our Court at Whitehall this Twentieth Day of January, 1687/8. In the Third Year of Our Reign.
GOD SAVE THE KING.
London, Printed by Charles Bill, Henry Hills, and Thomas Newcomb, Printers to the Kings most Excellent Majesty. 1687/8.
_2 pp. folio. Copies in Antiq., Bodl., B. M., Ch., Crawf., Dalk., Guild., P. C., Q. C., and T. C. D.; also in John Carter Brown Library. Entered on Patent Rolls; entered in Privy Council Register, II James, vol. 2, p. 577. Printed in "London Gazette," January 26, 1688._
FOOTNOTE:
[1] Holmes was commissioned by the King, August 21, 1687, to command a squadron to be sent to the West Indies for the suppression of pirates. On November 12, letters patent were issued granting to him all goods that he should take from the pirates for three years (_Cal. State Papers, Colonial, 1685-1688_, pp. 421, 467). In the Colonial Entry Books in the Public Record Office are entered the orders from the King to the Governors of the various colonies requiring the publication of this proclamation (_Idem_, p. 488).
1688, March 31.
[Prohibiting General Trading at Hudson's Bay.]
BY THE KING.
A PROCLAMATION
PROHIBITING HIS MAJESTIES SUBJECTS TO TRADE WITHIN THE LIMITS ASSIGNED TO THE GOVERNOUR AND COMPANY OF ADVENTURERS OF ENGLAND, TRADING INTO HUDSON'S BAY, EXCEPT THOSE OF THE COMPANY.
JAMES R.
Whereas Our Dearest Brother King Charles the Second of blessed Memory, did by His Letters Patents under the Great Seal of England, bearing Date the Second day of May, in the Two and twentieth Year of His Reign,[1] Incorporate a Governour and Company for carrying on a Trade in the North-west parts of America within the Streights and Bay, commonly called Hudson's Streights; and did Grant unto them and their Successors, the Sole Trade and Commerce of all those Seas, Streights, Bayes, Rivers, Lakes, Creeks, and Sounds in whatsoever Latitude they should be, lying within the Entrance of the Streights commonly called Hudson's Streights, together with all the Lands, Countreys, and Territories upon the Coasts and Confines of the Seas, Bayes, Lakes, Rivers, Creeks and Sounds aforesaid, which were not then Possessed by, or Granted to any of the Subjects of Our said Royal Brother, or Possessed by the Subjects of any other Christian Prince or State, Thereby Creating and Constituting the said Governour and Company for the time being, and their Successors, the true and absolute Lords and Proprietors of the same Territories, Limits and Places aforesaid, and of all other the Premisses, with express Prohibition to all other the Subjects of Our said Royal Brother to Trade to the Parts aforesaid. And whereas We are satisfied that the said Company hath for many years with great Industry, and at a very great Charge and Expense, Settled divers Factories, Erected several Fortifications, and maintained the Trade in the Parts aforesaid, to the great Honour and Profit of this Our Kingdom, until of late several ill-disposed Persons not being Members of the said Company, nor Licensed by them, preferring their private profit before the publick good, have contrary to the said Royal Grant, in a clandestine and disorderly manner, Traded into those parts, to the apparent prejudice, if not destruction, of the Trade aforesaid, and in manifest Contempt of Our Prerogative Royal; and the better to colour their evil practices, do frame Designs to Hire, or do Hire themselves out in the Service of, or in conjunction with Foreigners to Sail to the Parts aforesaid, to undermine and destroy the said Companies Trade.[2] We, taking the Premisses into Our Princely Consideration, do not only give Leave and Direct, That the Persons who have so contemptuously violated the said Companies Charter, be Prosecuted in Our Name at Law, in order to their condign Punishment according to their demerits; But for prevention of the like evil practices for the future, We have thought fit, with the Advice of Our Privy Council, to Publish and Declare Our Royal Will and Pleasure to be, and We do hereby strictly Prohibit and Forbid that none of Our Subjects whatsoever, except the said Governour and Company and their Successors, and such as shall be duly Licensed by them at any time or times hereafter do presume to send or Navigate any Ship or Ships, Vessel or Vessels, or exercise any Trade whatsoever directly or indirectly on their own accounts, or in the Service of, or in conjunction with any Foreigner or Foreigners whatsoever, to, in or from the said Streights and Bay, called Hudson's Streights, or to, in or from any Bayes, Rivers, Creeks or Places whatsoever, by what names or denominations soever they or any of them have been heretofore, or shall hereafter be called or distinguished, that now are or lie within the Entrance of Hudson's Streights aforesaid, in what Latitude or Longitude soever the same or any of them do, doth or shall lie, remain or be within the Liberties, Territories, or Priviledges of the said Company, upon pain of Our high Displeasure, and the forfeiture and loss of the Goods, Merchandizes, Ships and Vessels which shall be taken or found Trading in any the Place or Places aforesaid, or within the Limits aforesaid. And We do hereby strictly Charge and Command all and every Our Subjects of what degree or quality soever, now Trading or Traffiquing, or designing to Trade or Traffique to or from the Parts aforesaid, or any of them, contrary to the true meaning of the said Companies Charter, That they forthwith do cease and forbear such their Trade and Traffique, and withdraw themselves from the parts aforesaid. And We do further hereby streightly Require and Command all and singular Our Governours, Lieutenant-Governours, Admirals, Vice-Admirals, Generals, Judges of all 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 all and every of Our Dominions or Plantations, and all other Our Subjects whatsoever and wheresoever, to take effectual care that no person or persons whatsoever (except the said Company and their Successors, and such as shall be duly Licensed) do send or Navigate any Ships or Vessels, or exercise any Trade directly or indirectly from any of Our Kingdoms, Dominions or Plantations whatsoever, contrary to the said Charter granted to the said Company as aforesaid, to any the Places or Limits aforesaid, or from thence to any of Our said Kingdoms, Dominions, Plantations, or other Places; And if any person or persons shall presume to act or do in any wise contrary to this Our Royal Proclamation, We do Will, Require and streightly Command all and singular Our said Governours, Lieutenant-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, Sheriffs, 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 Dominions and Plantations, and all other Our Officers, Ministers and Subjects whatsoever and wheresoever, that as often as need shall require, they and every of them respectively be Aiding and Assisting to the said Company, their Factors, Deputies, or Assigns, to Attach, Arrest, Take and Seize all such Ship or Ships, Vessel or Vessels, Goods, Wares and Merchandizes of such Person or Persons as shall be Used, Employed, or Traded in contrary to the Charter Granted to the said Company, wheresoever they shall be found, for Our Use, upon pain of Our high Displeasure, and as they will answer the contrary at their Perils.
Given at Our Court at Whitehall the One and thirtieth day of March 1688. In the Fourth Year of Our Reign.
GOD SAVE THE KING.
London, Printed by Charles Bill, Henry Hills, and Thomas Newcomb, Printers to the Kings most Excellent Majesty, 1688.
_1 p. folio. Copies in Bodl., B. M., Crawf., Guild., P. C., Q. C., and T. C. D.; also in John Carter Brown Library. Entered on Patent Rolls; entered in Privy Council Register, II James, vol. 2, p. 641. Printed in "London Gazette," April 9, 1688._
FOOTNOTES:
[1] The charter of May 2, 1670 is printed in Dobbs', _Account of the Countries adjoining to Hudson's Bay_, p. 171, and elsewhere. For the literature regarding the founding of this Company, see Winsor's _Narrative and Critical History_, viii, 65.
[2] The Hudson Bay Company had petitioned for relief from interruptions to their trade as early as July 13, 1682 (_Acts of Privy Council_, ii, 37). The Council order approving the above Proclamation was made March 30, 1688 (_Idem_, p. 108).
1689, February 19.
[Continuing Officers in the Colonies.]
BY THE KING AND QUEEN.
A PROCLAMATION
WILLIAM R.
Forasmuch as it hath pleased God to call Us to the Throne, And that thereby it is incumbent upon Us to prevent any Inconvenience to Our Subjects that may arise by not executing the Laws necessary or conducing to the Peace and good Government of Our People, Wee therefore do hereby Declare Our Royall Pleasure That all Persons being Protestants, who at the time of the Receipt of these presents shalbe duly and lawfully possessed of, or invested in any office or Place of Authority or Governm^t either Civill or Military within Our Island of [blank left in text] in America, And namely all Governors, Lieutenants, or Deputy Governors, Councellors, Justices, Provost Marshalls, Sherifs, Justices of the Peace, and all others in Place of Governm^t 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,[1] untill Our Pleasure be further known, or that other Provision be made pursuant to his late Ma^{ys} Commission and Instructions to [blank left in text] aforesaid, Which Wee do hereby Declare to be in full force untill further Order from Us. And that in the mean while for the Preservation of the State, all the said Persons of whatsoever Degree or Condition do not fail every one severally according to his Place Office or Charge, to proceed in the performance of all Dutys thereunto belonging as formerly apperteyned unto them. And further Wee do hereby will and command all and singular Our 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 Our Displeasure, and will answer the contrary at their Perills.
Provided alwaies, that nothing herein shalbe Construed or taken to Extend to give or continue any Authority, Priviledge, Jurisdiction or Command to any Papist or Papists with the said [blank left in text].
Given at Our Court at Whitehall this 19^{th} day of February 1688. in the first year of Our Reigne.
GOD SAVE KING WILLIAM AND QUEEN MARY.
_No printed copy found. Entered in Privy Council Register, III William, vol. 1, p. 13._
FOOTNOTE: