Part 7
Given at Our Court at White-Hall, this ninth day of April, in the first yeere of Our Reigne of Great Britaine, France, and Ireland.
GOD SAVE THE KING.
Printed at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestie. M.DC.XXV.
_2 pp. folio. Copies in Antiq., B. M., Crawf., I. T., P. C., and P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," xviii, 19._
1625, May 13.
[Settling the Affairs of Virginia.]
BY THE KING.
A PROCLAMATION FOR SETLING THE PLANTATION OF VIRGINIA.
Whereas the Colonie of Virginia, Planted by the hands of Our most deare Father of blessed memory, for the propagation of Christian Religion, the increase of Trade, and the enlarging of his Royall Empire, hath not hitherto prospered so happily, as was hoped and desired, A great occasion whereof his late Majesty conceived to be, for that the government of that Colony was committed to the Company of Virginia, encorporated of a multitude of persons of severall dispositions, amongst whom the affaires of greatest moment were, and must be ruled by the greater number of Votes and Voyces; And therefore his late Majestie, out of His great Wisedome, and depth of Judgement, did desire to resume that popular government, and accordingly the Letters Patents of that Incorporation, were by his Highnesse direction in a Legall course questioned, and thereupon judicially repealed, and adjudged to bee voyde[1]; wherein his Majesties ayme was onely, to reduce that government into such a right course, as might best agree with that forme which was held in the rest of his Royall Monarchy, and was not intended by him, to take away, or impeach the particular Interest of any private Plantor, or Adventurer, nor to alter the same, otherwise then should be of necessity for the good of the publique: And wheras We continue the like care of those Colonies and Plantations, as Our late deare Father did, and upon deliberate advice and consideration, are of the same Judgement that Our said Father was of, for the government of that Colony of Virginia; Now lest the apprehension of former personall differences, which have heretofore happened (the reviving and continuing whereof Wee utterly disallow, and strictly forbid) might distract the mindes of the Plantors and Adventurers, or the opinion, that We would neglect those Plantations, might discourage men to goe or send thither, and so hinder the perfecting of that worke, wherein We hold the honor of Our deare Father deceased, and Our owne honour to be deeply engaged; We have thought fit to declare, and by Our Royal Proclamation to publish Our owne Judgement, and resolution in these things, which by Gods assistance Wee purpose constantly to pursue. And therefore Wee doe by these presents publish and declare to all Our loving Subjects, and to the whole world, that Wee hold those Territories of Virginia and the Sommer-Ilands, as also that of New England, where Our Colonies are already planted, and within the limits and bounds whereof, Our late deare Father, by His Letters Patents, under His great Seale of England, remaining of Record, hath given leave and liberty to His Subjects to plant and inhabite, to be a part of Our Royall Empire, descended upon Us and undoubtedly belonging and appertaining unto Us; And that We hold Ourselfe, as well bound by Our Regal office, to protect, maintaine, and support the same, and are so resolved to doe, as any other part of Our Dominions:
And that Our full resolution is, to the end that there may be one uniforme course of Government, in, and through Our whole Monarchie, That the Government of the Colonie of Virginia shall immediately depend upon Our Selfe, and not be committed to any Company or Corporation, to whom it may be proper to trust matters of Trade and Commerce, but cannot bee fit or safe to communicate the ordering of State-affaires, be they of never so meane consequence: And that therefore Wee have determined, That Our Commissioners for those Affaires, shall proceed according to the tenor of Our Commission directed unto them, untill Wee shall declare Our further pleasure therein. Neverthelesse We doe herby declare, That Wee are resolved, with as much convenient expedition, as Our Affaires of greater importance will give leave, to establish a Councell, consisting of a few persons of understanding and qualitie, to whom We will give trust for the immediate care of the Affaires of that Colony, and who shall be answerable to Us for their proceedings, and in matters of greater moment, shall be subordinate and attendant unto Our Privie Councell heere; And that We will also establish another Councell to be resident in Virginia, who shall be subordinate to Our Councell here for that Colonie; and that at Our owne charge we will maintaine those publique Officers and Ministers, and that strength of Men, Munition, and Fortification, as shall be fit and necessary for the defence of that Plantation, and will by any course that shall be desired of Us, settle and assure the particular rights and interests of every Planter and Adventurer, in any of those Territories, which shall desire the same, to give them full satisfaction for their quiet and assured enjoying thereof.
And lastly, whereas it is agreed on all sides, that the Tobacco of those plantations of Virginia and the Sommer Islands (which is the onely present meanes for their subsisting) cannot be managed for the good of the Plantations, unlesse it be brought into one hand, whereby the forreigne Tobacco may be carefully kept out, and the Tobacco of those Plantations may yeeld a certaine and ready price to the owners thereof; Wee doe hereby declare, That to avoid all differences and contrariety of opinions, which will hardly be reconciled amongst the Planters and Adventurers themselves, We are resolved to take the same into Our owne hands, and by Our servants or Agents for Us, to give such prices to the Planters and Adventurers for the same, as may give them reasonable satisfaction and encouragement; but of the maner thereof, Wee will determine hereafter at better leisure: And when We shall have concluded the same, We shall expect, that all Our loving Subjects will readily conforme themselves thereunto.
And in the meanetime, because the importation and use of forreigne Tobacco, which is not of the growth of those Plantations, or one of them, will visibly and assuredly undermine and destroy those Plantations, by taking away the meanes of their subsistence, We doe hereby strictly charge and command, That Our late Proclamation, bearing date the ninth day of April last, intituled, (A Proclamation touching Tobacco) shall in all points and parts thereof, be duely and strictly observed, upon paine of Our high displeasure, and such further penalties and punishments, as by the sayd Proclamation are to be inflicted upon the offenders. And We doe hereby advise all Our loving Subjects, and all others whom it may concerne, not to adventure the breach of our Royall Commandement in any of the premisses, We being fully resolved, upon no importunitie or intercession whatsoever, to release or remit the deserved punishment of such, as shall dare to offend against the same, seeing We holde not Our Selfe onely, but Our people interested therein.
Given at Our Court at White-Hall, the thirteenth day of May, in the first yeere of Our Reigne of Great Britaine, France, and Ireland.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton, and John Bill, Printers to the Kings most Excellent Majestie. Anno Dom. M.DC.XXV.
_2 pp. folio. There are two issues, varying only in the cut of the royal arms. Copies in Antiq., B. M., Crawf., I. T., P. C, and P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," xviii, 72._
FOOTNOTE:
[1] For the proceedings whereby the patent was overthrown by the _quo warranto_, June 26, 1624, see Brown, _First Republic in America_, p. 601.
1627, February 17.
[Importation of Tobacco.]
BY THE KING.
A PROCLAMATION TOUCHING TOBACCO.
Whereas Our most deare Father, of blessed memory, deceased, for many weighty and important reasons of State, and at the humble suit of his Commons in Parliament, did heretofore publish two severall Proclamations, the one bearing date the nine and twentieth day of September, in the two et twentieth yeere of His Highnesse Reigne of England, France, and Ireland, and of Scotland the eight and fiftieth, and the other the second day of March then next following, by both of them utterly prohibiting the importation et use of all Tobacco, which is not of the proper growth of the Colonies of Virginia, and the Summer-Ilands, or one of them, with such Cautions and under such Paines and Penalties, as are in those Proclamations at large expressed.
And whereas Our sayd Father by another Proclamation bearing date the thirtieth day of December, in the seventeenth yeere of His Highnesse Reigne of England, did straitly charge all and every person or persons, of what degree or condition soever, that they should not from the second day of February then next following, presume to Sowe, Set, or Plant, or cause to be sowen, set, or planted within this Realme of England or Dominion of Wales any sort or kinde of Tobacco whatsoever, and that they, or any of them should not maintaine and continue any old Stockes or Plants of Tobacco formerly sowen or planted, but should foorthwith destroy and roote up the same.
And whereas We, finding the said Proclamations to be grounded upon many weighty reasons and considerations, did since Our Accesse to Our Crowne, by Our Proclamation lately published, renew and confirme the said former prohibitions: Neverthelesse, because the immoderate desire of taking of Tobacco hath so farre prevailed in these Our Kingdomes, as that it cannot on a sodaine bee utterly suppressed, and the difference, or, at least, the opinion of difference betweene Spanish or forreine Tobacco, and Tobacco of the Plantations of Virginia, and of Our owne Dominions, is such, that Our Subjects can hardly be induced totally to forsake the Spanish Tobacco; whereby it commeth to passe, That where Wee were willing to have suffered losse in Our Customes, so as the said forreigne Tobacco might have been kept out, the same is secretly, and by stealth brought in in great quantities, and many great quantities of Tobacco are set and so wenwithin this Our Realme of England and Dominion of Wales, and so the mischiefe, intended to be redressed, is not avoided, and yet Our Revenue in Our Customes is much diminished.
Wee therefore, taking into Our Princely consideration, as wel the present estate of these times, and how many important necessities doe at this instant presse Us, that by all good meanes Wee should husband Our Revenue to the best, and also considering the many inconveniencies which doe and will arise, both to Our selves and to Our Subjects, by the secret importation of Spanish Tobacco, and planting of English Tobacco, whereby divers of Our Subjects have taken liberty to themselves, for the desire of private gaine, without respect to the publique, to make such frequent sale of the same, as that thereby not onely Our Plantations abroad are much hindered, but Our Customes also are much impayred, Wee have thought fit, by the advice of Our Commissioners for Our Revenue, as Our first part of proceeding concerning Tobacco, to restraine wholly the planting of Tobacco within these Our Realmes, or any the Iles thereto belonging, and to forbid the importation of forreine Tobacco. And yet to give way to the infirmitie of Our Subjects for the present, by the allowing the importation of some smal quantity of Spanish or forreine Tobacco, not being of the growth of the English Plantations, not exceeding the quantitie of fiftie thousand weight in any one yeere to bee brought in by Our owne Commissioners onely, and to Our owne particular use onely, and not otherwise.[1]
And to the end that the extraordinary liberty now taken, may be restrained, the said Colonies or plantations not hindered, nor Our Selfe deceived in Our Customes, Wee have likewise by the advice aforesaid, thought it requisite, to imploy some persons of trust and qualitie to be Our Commissioners in this Service, to, and for Our owne proper use, and upon accompt to be given to Us for the same.
Wee doe therefore hereby publish and declare Our Royall will and pleasure, that, notwithstanding the severall Proclamations before mentioned, We are well contented to give way to the importation and sale of so much Spanish and forreine Tobacco, as shall not exceede the quantitie of fifty thousand weight in any one yeere, as aforesaid, and that the same shall bee Our owne Merchandise and Commodity, and be managed and disposed of by Our owne Commissioners, or such as they shall appoint for Our use, and not otherwise.
And, because that no man shall presume, by colour of this Our Licence or toleration, to import any other, or greater quantity of Spanish or forreine Tobacco, nor utter or put the same to sale, to the prejudice of Our Service hereby especially intended, and to the overthrow of Our Colonies and Plantations abroad, Wee doe hereby straitly charge and command, that no man other then Our owne Commissioners, for Our owne proper use, presume to import any forreine Tobacco into Our Realmes of England or Ireland, or any parts thereof. And for their better assistance therein, and the prevention of all abuses, Wee have thought fit, and so ordaine, and doe by these presents publish Our Royall pleasure, That all Tobacco that shall from hencefoorth be imported into this Our Realme of England, whether it be Spanish, or of the growth of Virginia, the Sommer-Ilands, or the West-Indies, or other adjacent Ilands, beeing English Plantations, shall be brought into Our Port of London onely: Also that there shall bee three severall Seales kept by Our Commissioners in some convenient place, where they shall appoint, under three lockes, whereof three of Our Commissioners shall keepe three severall Keyes, wherewith both all such forreine Tobacco, as shall bee so imported, as aforesaid, as also such other Tobacco of the growth of Virginia, and the Sommer-Ilands, and other the sayd Plantations as shall bee imported, shall be sealed, That is to say, for that of Virginia, and the Sommer-Ilands, a Seale engraven with Our Armes, and for that of the other English Plantations, a Seale engraven with a Lion and a Crowne, and for the other forreine Tobacco, a Seale engraven with a broad Arrow and a Portcullice, without paying anything for the sealing of the Tobacco of Virginia, and Sommer-Ilands, and other the sayd Plantations, but onely what the parties themselves shal thinke fit to allow for the sealers paines, waxe, and threed.
And We doe hereby will et Command, that no person or persons whatsoever, whether Denizen, or Stranger, or borne within any of Our Realmes or Dominions, doe presume, attempt, or go about to counterfeit the said Seales, or any of them, and that no person or persons whatsoever, other then Our Commissioners, their deputy or deputies, do presume, attempt, or go about to import any Spanish or forraine Tobacco whatsoever, or to buy, utter, or sell any Tobacco, of what sort soever, but such as the Roule thereof shall bee sealed with one of the Seales aforesaid, or to import any other, or greater quantity of Spanish Tobacco, then the said fifty thousand weight onely in any one yeere, or to sowe, set, or plant, or cause to be sowen, set, or planted in any of his, or their grounds, any Tobacco whatsoever, within Our Realmes of England, or Ireland, or Dominion of Wales, or any Isles or places belonging thereto, or permit, or suffer any old stockes formerly set to continue, upon paine of forfeiture unto us, of all such Tobacco as shall be imported, set, sowen, planted, suffered, uttered, or put to sale, contrary to the true meaning of these presents, and to have the same English Tobacco utterly destroyed, in whose hands soever the same shall be found, and upon such further paines, and penalties, as by the Lawes and Statutes of this Our Realme of England, or by the severity, or censure of Our Court of Star-chamber, or by Our Prerogative Royall may be inflicted upon the offenders for their contempt of this Our Royall Command, the one moity of all which fines to be imposed upon any the said offenders, We are graciously pleased shall be bestowed upon the persons that shall informe against them for the same; and that such person or persons as shall discover any planting of Tobacco within Our Realme of England, or other Our Realmes or Dominions, shall have his charges expended in following of Suite against the offendors, allowed out of Our part of the fines to be imposed, besides his moity aforesaid.
And further, that every person or persons, that shall discover the falsifying, or counterfeiting of any the Seales aforesaid, shall have an hundred Crownes for such his discovery out of Our part of the fine to be imposed for the same, besides the one moity for himselfe, as aforesaid.
And for the better execution of Our will and pleasure, We doe hereby Command, all and singular Customers, Comptrollers, Searchers, Waiters, and other Officers, attending in all, and every, or any of Our Ports, Creekes, or places of lading, or unlading, for the taking, collecting, or receiving of any Our Customes, Subsidies, or other duties, to take notice of this Our pleasure.
And We doe hereby command, and give power and authority unto Our said Commissioners, and those whom they shall thinke fit to imploy in Our said service, and every, or any of them from time to time, and at all times when they shall thinke fittest, with a Constable, or other officer, for their assistance to search any ship, or other vessell or bottome, riding or lying within any Port, Haven, or Creeke within their severall charge and place of attendance, for all Tobacco, imported contrary to the intent of this Our Proclamation, and the same being found, to seize and take to Our use, as also to take notice of the names, and apprehend the bringers in, and buyers of the same, to the end they may receive condeigne punishment for their offence.
And further, to take speciall care, that no more of the said Spanish, or other forraine Tobacco, shall be imported, then the said fifty thousand weight onely, in any one yeere, and that the same be brought into Our Port of London onely, as aforesaid, upon paine that every of the said officers that shall be found negligent, corrupt, or remisse herein, shall lose his place, and entertainement, and undergoe such paines and penalties, as by the Laws, or the censure of Our said Court of Star chamber may be inflicted upon them for the same.
And likewise We doe hereby ordaine, will and appoint, that it shall and may be lawfull, to and for Our said Commissioners, authorised, as aforesaid, to import the said fifty thousand weight of Spanish or other forraine Tobacco, by him, or themselves, or his, or their deputy or deputies with a Constable, or other officer, for their assistance, to enter into any suspected place or places, at such time or times, as they shall thinke to be most convenient, and there to search, discover, and finde out any Tobacco, imported, uttered, planted, set, sowed, sold or vented, not marked, or sealed, as aforesaid, contrary to the true meaning hereof, and such Tobacco so found to seize, take away, et dispose of et the owners thereof, or in whose custome the same shal be found, to informe, and complaine of, to the end they may receive punishment, according to Our pleasure herein before declared.
And further, We doe by these presents, will and require, all and singular Mayors, Sheriffes, Justices of peace, Bailiffes, Cõstables, Headboroughs, Customers, Controllers, Searchers, Waiters, and all other Our Officers, and Ministers whatsoever, that they, and every of them, in their severall places and offices, be diligent and attendant in the execution of this Our Proclamation, and also ayding and assisting, to Our said Commissioners thereunto by Us appointed, or to be appointed, and to their Deputies, as well in any search for discovery of any act, or acts to bee performed, contrary to the intent of these presents, as otherwise in the doing, or executing of any matter or thing for the accomplishment of this Our Royall Command.
And lastly, Our will and pleasure is, and We doe hereby, charge and command Our Atturney generall, for the time being, to informe against such persons in Our Court of Star-chamber, or Exchequer-chamber, as the case shall require from time to time, whose contempt and disobedience against this Our Royall Command, shall merit the censure of these Courts.
Given at Our Court at Whitehall, the seventeenth day of Februarie, in the second yeere of Our Reigne of Great Britaine, France, and Ireland.
GOD SAVE THE KING.
Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestie. M.DC.XXVI.
_3 pp. folio. Copies in Antiq., B. M., Crawf., I. T., P. C., and P. R. O. Entered on Patent Rolls. Printed in Rymer's "Foedera," xviii, 848._
FOOTNOTE:
[1] In a commission issued to Sir John Wolstenholme and ten others to execute the regulations regarding the importation of tobacco, dated January 31, 1627, this provision as to Spanish tobacco had been inserted. (Printed in Rymer's _Foedera_, xviii, 831.)
1627, March 30.
[Sealing of Tobacco.]
BY THE KING.
A PROCLAMATION TOUCHING THE SEALING OF TOBACCO.
Whereas We (by the advice of Our Commissioners for Our Revenue) have resolved to import a quantity of Spanish Tobacco (not exceeding fifty thousand weight in any one yeere) and utterly to prohibite the importation of any other forreine Tobacco, which is not of the growth of Our owne Plantations, and to prohibite also the planting of all Tobacco within these Our Realmes of England and Ireland, and Islands thereto belonging or adjacent, As by Our Proclamation, dated the seventeenth day of February last (for the reasons therein expressed) it doth at large appeare: Now, because Wee are informed, that it will much conduce to Our Service, and the setling of that businesse, for the preventing of the stealing in of all forreine Tobacco, and discovery of the offendours, and for the clearing of all others, who are not offendors, from future trouble, that all the Tobacco of the growth of Our plantations already imported, shal be sealed by Our Commissioners to that purpose appointed, aswell as that which shal be hereafter imported, in such sort as by our sayd Proclamation is already directed, That so the Tobacco of Our Plantations may bee distinguished from the forreine Tobacco, and the Tobacco planted within these Our Realmes, which are prohibited: Our will and command therfore is, and We doe hereby declare et publish Our Royall pleasure to be, That Our said Commissioners appointed by Us for this Service, shal with al cõvenient speed, Seale all the Tobacco of the growth of Our said Plantations already imported in such sort, as they are directed to Seale that which shall be hereafter imported.