Part 9
Whereupon His Majestie by like advice of his Counsell hath caused other Letters to be directed to the Justices and Conservators of the Peace in severall Counties; thereby declaring in what Townes and places Tobacco shall be permitted to be sold or uttered by Retayle, and hath Commanded the said Justices and Conservators of the Peace, to cause the names of those Townes and places specified in those Letters, to be written and affixed in publique places where the Assises and Sessions of the peace shall be kept, in those Counties, to the end that all His people may take notice that other places are not admitted or allowed for selling or uttering of Tobacco by Retaile. And by Letters directed to the said Maiors, Bayliffes, and other head Officers of Cities and Townes, His Majestie hath given notice unto them of the names of those that are permitted there to sell or deliver Tobacco in that manner, and hath Commanded them to give publique notice in the said Cities and Townes, of the names of those persons that are so admitted to sell or deliver it.
Now our said Sovereigne Lord the King doth straightly prohibite all His people, that after the feast of Candlemas next[1] comming after the date of these presents, none of them out of the said Cities or Townes so appointed as aforesaid, or within the said Cities, or Townes, no others but those named as aforesaid, and such as from time to time shall bee permitted in like manner, doe sell or deliver any Tobacco by Retayle, and that none of them that are permitted or allowed in this behalfe, keepe any Taverne, Alehouse, or Victualling, or otherwise sell any distilled or hot Waters, Wine, Ale, Beere, or Cyder in their houses, so long as they shall bee permitted to sell Tobacco by Retayle: And for that the necessities of these times require it, His Majestie doth charge and command all His Subjects to obey these His Ordinances, under the paines to bee inflicted upon contemners of the same, and of His Royall will and pleasure, being for the good of His people: All which His pleasure is shall bee observed untill Hee shall by His Proclamation, or Letters of His Privie Counsell make other publique signification of His pleasure herein. And Hee doth charge and command all Justices of Peace, and all Maiors, Bayliffes, and head Officers of all His Cities and Townes within His said Kingdome of England, and Dominion of Wales, and all those who are permitted to sell Tobacco by Retaile, that they make diligent enquirie of all those that shall presume to doe against this Command, and from time to time to make certificate of their names, and places of their residence, with the particular of their contempts, to the Lords of His Majesties Privie Councell.
Given at the Court at Whitehall the thirteenth day of October,[2] in the ninth yeere of the Reigne of our Sovereigne Lord Charles by the grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, etc.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: and by the Assignes of John Bill. M.DC.XXXIII.
_2 pp. folio. There are two issues, varying only in the cut of the royal arms. Copies in Antiq., Bodl., B. M., Camb., Crawf., Dalk., P. C., P. R. O., and Q. C. Printed in Rymer's "Foedera," xix, 474._
FOOTNOTES:
[1] February 2, 1634.
[2] This proclamation is entered in the Privy Council Register under date of August 14 (_Acts of Privy Council_, i, 191), probably the date of the original draft by the attorney general. Rushworth, in his _Historical Collections_, ii, 191, lists it under the date of August 13. Rymer's _Foedera_ assigns to it the date of October 13, as given in the printed proclamation.
1634, March 13.
[Requiring Licenses from Tobacconists.]
BY THE KING.
A PROCLAMATION RESTRAINING THE ABUSIVE VENTING OF TOBACCO.
Whereas the Kings most excellent Majestie being informed of the abuses dayly arising of the ungoverned Selling and Retailing of Tobacco, by his Proclamation lately published, did prohibit all his people, that after the feast of Candlemas, which is now last past, none of them out of certaine Cities and Townes therein specified to have beene appointed, and within those Cities and Townes no other but certaine persons named, as in the said Proclamation is expressed, and such as from time to time as should be permitted, should sell or deliver any Tobacco by Retaile, herein requiring due obedience untill his Majestie should make other declaration, as by the same Proclamation appeareth.
Sithence which, a great number of his Majesties loving subjects have repaired to some Lords, and others of his Majesties Privie Councell, being his Majesties Commissioners appointed to treat with them, and have humbly desired Letters Patents of Licence to sell Tobacco by Retaile, whereunto his Majesties said Commissioners have consented: but because it is both convenient and necessary that the number of those that be Licensed to sell Tobacco by Retaile, and also their names be knowne, that in time convenient notice may be taken from them how much Tobacco in each yeere they Retaile and Vent: that upon knowledge thereof, his Majesty for preventing of the issuing out of the Realme too great a proportion of the Stocke of this Kingdome, may give order for the quantity of Tobacco that shall be yeerely brought in: And being resolved that any who from henceforth shall presume to utter or sell Tobacco, not being Licensed, shall severely be proceeded against: For these and for other causes, the King our Soveraigne Lord straightly defendeth and commandeth, that neither such as by pretext of being formerly nominated as meet men to Retaile Tobacco, nor any other from henceforth presume to sell or utter Tobacco by Retaile, untill they shall have obtained his Majesties Licence in that behalfe, any permission or tolleration that may be pretended by the said Proclamation, or any other signification notwithstanding, upon such paines of censure in the Court of Star-Chamber and elsewhere, as may be inflicted upon contemners of his Majesties commands publiquely proclaimed. Wherein his Majestie is pleased, that a part of the Fines set upon the Contemners of this Command, be conferred upon those that give notice of the Offenders, so as they may be brought to judgement.
Given at Our Court at Newmarket, the thirteenth day of March, in the ninth yeere of Our Reigne.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1633.
_1 p. folio. There are two issues, varying only in the cut of the royal arms. Copies in Antiq., B. M., Crawf., Hodg., P. C., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Foedera," xix, 522._
1634, May 19.
[Concerning Tobacco.]
BY THE KING.
A PROCLAMATION CONCERNING TOBACCO.
Whereas in the Reigne of Our late deare Father, and since Our accesse to the Crowne, upon mature deliberation there have been sundry Proclamations published for restraining the landing of Tobacco to certain Ports and Harbours within this Kingdome, and against planting of the same within this Realme; And for that they have not been put in due execution, divers fraudes and abuses have beene of late invented and put in execution by mixing of Tobacco, not onely with other Tobacco of worse condition, but also with other Materials, falsifying and corrupting the same, to the great hurt and damage of Our people, both in their estates and persons, which growing evill may in some measure bee prevented, if the Tobacco brought into this Our Realme shall be layd or landed onely in one Port and place.
For remedie therefore in that behalfe, and to the end Wee may bee the more truely answered of the Custome, Impost, and other dueties due unto Us for Tobacco brought into this Realme by way of Merchandize, whereof Wee have been sundry times defrauded by landing the same at the pleasures of the Owners: Wee doe hereby publish and declare Our Royall will and pleasure, That no Tobacco bee hereafter landed, or imported to bee landed at any other Porte, then in Our Port of London, and at no other place of the sayd Port then at the Key and Wharfe commonly called the Custome-house Key, scituate in Our Citie of London, and other Port or place for landing of Tobacco Wee doe not admit or allow, but them inhibite.
And Wee doe hereby straitly charge and command all and singular Customers, Comptrollers, Searchers, Waiters and other Officers, attending in all Our Ports, Creekes, or places of lading or unlading, (except Our said Port of London) not to take entries of any Tobacco, nor suffer the same to be taken, landed, or layd on shoare in any other Harbour, Port, Creeke or place within this Kingdome, upon paine that every of the said Officers that shall bee found negligent, corrupt or remisse herein, shall undergoe such paines and penalties, as by the Lawes or Censure of our Court of Starre-chamber may bee inflicted upon them for the same.
And it is Our further will and pleasure, that if any Ship or Barque wherein Tobacco shall be loaden shall arrive at any other Port or place then at Our sayd Port of London, Wee doe hereby give full power and Authoritie to all and every the Customers, Comptrollers, Surveyours, Searchers and Waiters, and every of them there attending, and doe command them to take and arrest the same Tobacco, and forthwith to make Certificate to the Customers of the Port of London, of the Owners name of such Ship or other Vessell, and his place of dwelling, the number and names of the Officers, and Mariners in the same, the place from whence the same Tobacco came, with the quantitie of Tobacco that shall bee contained therein.
And also, that Our said Officers, or some of them, shall with all convenient speed cause and procure the Tobacco so by them arrested, to bee carefully transmitted to the said Port of London, to the Customer there, that the same may bee there viewed, and the dueties thereof belonging unto Us, may be duely payed and satisfied, and such further order taken with the same, and with the Owners thereof, as shall be fit.
And whereas notwithstanding former Proclamations published to the contrary, yet Wee are informed, that Tobacco is still planted and sowen in divers parts of Our Realmes of England and Ireland, in contempt of Us and Our Royall Commands declared to the contrary; We do therefore hereby againe absolutely prohibit the Planting thereof in Our said Kingdomes, as also the bringing into the same of any Seed for the increase thereof, from the parts beyond the Seas; The Tobacco growing in the Northerne and moist Climats being not onely unwholesome for mans body, but the same maketh fertill grounds become for a long space lesse fruitfull, that might otherwise produce Corne, Herbes and Rootes for the sustenance of Our Subjects.
And for the more certaine depressing of the same, We doe hereby straitly command Our Justices of Assize within their severall Circuits, Our Justices of Peace within Our severall Counties of this Kingdome, Maiors, Sheriffes, Bayliffes, and other Our Officers within each Cittie and Towne Corporate, that they at their severall Sittings, Quarter Sessions, and meetings, give the same in charge as an Offence, whereof Wee expect due reformation, requiring a Returne thereof amongst other the grievances of the Countrey in their Presentments, And the names and dwelling places of any Offenders herein, and the qualities of their Offences, to present to the Lords of Our Privie Councel, the then next Tearme after every such Sitting or meeting, to the end the Offenders may bee proceeded against by sentence in Our Court of Starre-chamber, or otherwise, as in justice shall be thought fit.
And lastly, We doe by these Presents will and require all and singular Maiors, Sheriffes, Justices of Peace, Bayliffes, Constables, Headboroughes, Customers, Comptrollers, 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, as they will answere the contrary at their uttermost perils.
Given at Our Court at Greenewich, this nineteenth day of May, in the tenth yeere of Our Reigne of England, Scotland, France and Ireland.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1634.
_2 pp. folio. Copies in Antiq., B. M., Crawf., P. C., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Foedera," xix, 553._
1636, May 16.
[Limiting Whale-trade to Muscovy Company.]
BY THE KING.
A PROCLAMATION INHIBITING THE IMPORTATION OF WHALE FINNES, OR WHALE OILE, INTO HIS MAJESTIES DOMINIONS BY ANY, BUT THE MUSCOVIA COMPANY.
Whereas Our late deare and Royall Father, of ever blessed memory, King James, by His Proclamation, bearing date the eighteenth day of May, in the seventeenth yeere of His Reigne, for the reasons therein expressed, and for the encouragement of His welbeloved Subjects, the Company of Merchants trading for Muscovia, Greenland,[1] and the parts adjoyning, commonly called the Muscovia Company, did inhibite the Importation of Whale Finnes, into any of His Kingdomes or Dominions, by any persons other then by that Company, and that in their Joynt-stock only, under the penalties therein mentioned; We now being minded to give the like encouragement and assistance to the said Company, and for the better support of the Fishing-Trade to Greeneland, and the parts adjacent, which by the increase of Navigation conduceth much to the common good of Our Kingdome and People, have thought fit to publish Our Royall pleasure therein; And therefore We do by these presents straightly Charge, prohibite, and forbid, as well all Aliens and Strangers whatsoever, as Our naturall borne Subjects and Denizens, That they, nor any of them, (other then the said Muscovia Merchants only, and that in their Joynt-stock for the Whale-Fishing;) shall from henceforth directly or indirectly Import or bring any Whale Oyle, or Whale Finnes, (whether the said Finnes be whole, or cut, in what manner soever) into any Our Kingdomes or Dominions, upon Paine of the forfeiture and confiscation of the same; whether they bee found on Board of any Ship, Hoye, Boat, or Bottom, or laid on land in any Ware-house, Store-house, Shop, Cellar, or any other place whatsoever; and upon Paine of Our high Indignation and displeasure, and such other punishments, as by Our Court of Starre-Chamber shall bee thought meet to be inflicted upon them, or any of them, as Contemners of Our Royall Will and Commandment in this behalfe.
And Wee do likewise straightly Charge, prohibite, and forbid, as well all Aliens and Strangers, as Our naturall borne Subjects and Denizens, (other then the said Muscovia Merchants in their Joint-stock as aforesaid) that they, nor any of them do presume to Buy, Utter, Sell, Barter, or Contract, for any Whale Oyle, or Whale Finnes, knowing the same to bee Imported into any Our Realmes or Dominions, contrary to Our Will and Pleasure herein declared; whether the said Finnes bee whole, or cut as aforesaid, upon Paine of Our high Indignation and displeasure, and such further punishments, as by Our said Court of Starre-Chamber shall bee thought meet to bee inflicted upon such Offendours, as Contemners also of Our Royall Commandments.
And to the end, that Our Pleasure hereby declared may take the better effect; Wee do hereby Charge and Command, all Customers, Collectours, Farmours, Comptrollers, Searchers, Waiters, and all other Our Officers and Ministers whatsoever, in all or any Our Ports, Havens, or Creekes; that they and every of them in their severall places, do carefully attend and see to the due execution hereof; and in no wise to permit or suffer any Whale Oile, or Whale Finnes whole, or cut, directly, or indirectly, openly, or covertly, to be brought or imported into any Our Kingdomes or Dominions contrary to Our Royall pleasure herein expressed; or being so imported, that they do not permit, or suffer the same to be colourably Customed for other Goods and Merchandise; but that they forthwith do seise, and take to Our use all such Whale Finnes, and Whale Oyle as shall bee so Imported, contrary to Our pleasure herein declared, upon Paine to undergo such punishments as shall be thought meet by the Lords of Our Privie Councell.
Neverthelesse, Our intent and meaning is, That the said Muscovia Company in their Joynt-stock only, and none other, shall or may Buy and Sell, Barter, or Contract, for any such Whale Finnes, or Whale Oyle, as being imported contrary to this Our Proclamation, shall be confiscate and seised, and the same being sold by the said Company, may be afterwards bought, contracted for, and used by any other Our Subjects, at their will and pleasure; Any thing herein contained to the contrary notwithstanding.
Given at Our Palace of Westminster, the sixteenth day of May, in the twelfth yeere of Our Reigne.
GOD SAVE THE KING.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1636.
_2 pp. folio. Copies in B. M., Crawf., Guild., and P. C. Entered on Patent Rolls. Printed in Rymer's "Foedera," xx, 16._
FOOTNOTE:
[1] Spitzbergen, rather than Greenland proper.
1637, April 30.
[Regulating Emigration to America.]
BY THE KING.
A PROCLAMATION AGAINST THE DISORDERLY TRANSPORTING HIS MAJESTIES SUBJECTS TO THE PLANTATIONS WITHIN THE PARTS OF AMERICA.
The Kings most Excellent Majestie being informed that great numbers of His Subjects have bin, and are every yeare transported into those parts of America, which have been granted by Patent to severall persons, and there settle themselves, some of them with their families and whole estates: amongst which numbers there are also many idle and refractory humors, whose onely or principall end is to live as much as they can without the reach of authority: His Majestie having taken the premisses into consideration, is minded to restraine for the time to come such promiscuous and disorderly departing out of the Realme; And doth therefore straitly charge and command all and every the Officers and Ministers of his severall Ports in England, Wales, and Barwick, That they doe not hereafter permit or suffer any persons, being Subsidie men, or of the value of Subsidie men,[1] to embarque themselves in any of the said Ports, or the members thereof, for any of the said Plantations, without Licence from His Majesties Commissioners for Plantations first had and obtained in that behalfe; Nor that they admit to be embarqued any persons under the degree or value of Subsidymen, without an Attestation or Certificate from two Justices of the Peace living next the place where the party last of all, or lately then before dwelt, that he hath taken the Oaths of Supremacie, and Allegiance, and like Testimony from the Minister of the Parish of his conversation and conformity to the Orders and discipline of the Church of England.[2] And further His Majesties expresse will and pleasure is, That the Officers and Ministers of his said severall Ports, and the Members thereof, do returne to His Majesties said Commissioners for Plantations every halfe yeare a particular and perfect List of the names and qualities of all such persons as shall from time to time be embarqued in any of the said Ports for any of the said Plantations. And of these His Majesties Royall Commands, all the Officers and Ministers of His said Ports, and the Members thereof are to take care, as they will answer the neglect thereof at their perils.
Given at Our Court at Whitehall the last day of Aprill, in the thirteenth yeare of Our Reigne.
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.
_1 p. folio. Copies in B. M., Camb., Canterbury, Crawf., and P. C.; also in Boston Public Library. Entered on Patent Rolls. Printed in Rymer's "Foedera," xx, 143._
FOOTNOTES:
[1] Men who could pay the "subsidy," or tax assessed in favor of the Crown.
[2] Adam Anderson, the early historian of British commerce, in referring to this proclamation, says: "This was levelled against the Puritans, then going in great numbers to New England, to avoid persecution at home; and a better example need not be desired of the wisdom and character of this King, and his favourites and ministers" (_Origin of Commerce_, ii, 492). The proceedings against the Massachusetts charter had just been brought to a close in April, 1637, with a judgment decreeing that it should be vacated. On April 30 came this proclamation. On May 3 the Privy Council ordered that the attorney-general should "call in" for the patent for New England and present it to the Committee for Foreign Plantations (_Acts of Privy Council_, i, 217). A commission was issued which arrived at Boston, June 3, establishing a general government for New England (Winthrop, _History of New England_, i, 269). Among the papers in the Public Record Office is the draft of a "Manifesto" of the King, dated July 23, 1637, establishing a general government in New England and declaring his intention of appointing Sir Ferdinand Gorges as governor (_Cal. State Papers, Colonial, 1574-1660_, p. 256). These various restrictive measures all grew out of the Anglican unwillingness to countenance this Puritan asylum in the New World.
1638, March 14.
[Importation of Tobacco.]
BY THE KING.
A PROCLAMATION CONCERNING TOBACCO.
Whereas We have had especiall care to provide, That Our loving Subjects the Planters of and in Virginia, the Summer Islands, Caribee Islands, et other Our Forrein Plantations might be encouraged to apply themselves to staple Commodities, fit for the establishing of Colonies, that so the said Plantations might the better flourish and become usefull to Our Kingdomes, and the Planters might be enabled to fortifie and secure themselves as well against the invasion of Forrein Enemies, as the assaults and incursions of the Natives; yet notwithstanding this Our care, the said Planters finding a present though small return of profit for Tobacco, have hitherto wholly betaken themselves to the planting thereof, little minding more solid commodities, their own safetie, or any better or other way or means of supportation and subsistence.
And whereas Our Merchants working upon the necessities of the Planters, have from time to time bought their Tobacco at low and small prices, thereby occasioning the said Planters to grow negligent and carelesse of the well ordering their Tobacco, by means whereof much unserviceable Tobacco hath from Our said Colonies been imported hither, and hath been sophisticated, mixed and stamped with rotten fruits, stalks of Tobacco, and other corrupt ingredients, and afterwards sold and uttered to Our people.