A PROCLAMATION CONCERNING THE VIEWING AND DISTINGUISHING OF TOBACCO
IN ENGLAND AND IRELAND, THE DOMINION OF WALES, AND TOWNE OF BARWICKE.
Whereas divers good and necessarie provisions have beene heretofore
made, as well by Act of Parliament, as otherwise, for the well garbling
of Spices and Drugges, to the intent the Subjects of this Our Realme
should not bee occasioned to use any unwholesome Spices or Drugges,
to the impayring of their health, or to buy the bad instead of the
good, to the impairing of their substance. And for as much as the
Drugge called Tobacco, being of late yeeres growne frequent in this
Our Realme and other Our Dominions, is daily sold ungarbled, whereby
more inconvenience groweth and ariseth to Our loving Subjects, then
by any other Drugge whatsoever. And for that also by the manie and
sundrie abuses practised and committed by Merchants, Masters of Ships
and others, in concealing and uttering the said Tobacco without paying
any Impost or Custome for the same, great losse and dammage accrueth
to Us, notwithstanding any Lawes, Statutes or other course heretofore
taken for preventing thereof: For remedie of all which Inconveniences,
Wee, by our Letters Patents under our great Seale of England, bearing
Date, at Westmynster the five and twentieth day of May now last past,
did prohibite and forbid, That no person or persons should at any time
after the day of the Date of our said Letters patents within Our Realme
of England, the Dominion of Wales, and Port and Towne of Barwicke, or
any of them; or within Our Realme of Ireland, or any part of them or
any of them, by himselfe or themselves, or his or their servants or
factours, or any others, directly or indirectly sell or put to sale;
or attempt, presume or goe about any manner of way to sell or put to
sale, either in grosse or by retaile, any Tobacco, of what sort, kind
or growth soever, before the Custome and Impost thereof due, were paid;
and the same Tobacco were viewed, distinguished and sealed by the
Officer or Officers of Us, Our Heires and Successours, in that behalfe
to be constituted and appointed; For whose labour, travell, charges and
expences in that behalfe to be sustained and taken in the execution of
the said Office: Wee did by the said Letters Patents, constitute and
appoint, That they should and might from time to time, demand, take and
receive to their owne use, of every person and persons whose Tobacco
they should so garble, viewe and seale, the summe of foure pence of
currant English money, for every pound weight thereof so viewed and
sealed.
And Wee did also by Our said Letters Patents (for the considerations
therein mentioned) give and grant the said Office, with the powers,
fees and authorities before mentioned to Our welbeloved Subjects,
Francis Nichols, Jasper Leake and Philip Eden, Gentlemen, to be
executed by them or their Deputies or Assignes for thirtie and one
yeeres next ensuing the Date of the said Letters Patents.
And Wee did further by Our said Letters, for Us, Our Heires and
Successours, give and grant unto the said Francis Nichols, Jasper
Leake and Philip Eden, and their Assignes, and to all and every person
and persons, which by them or any of them, by writing under their or
any of their hands and Seales, should bee in that behalfe deputed and
assigned, full power and authoritie during the terme aforesaide, as
well to bee present and to have place in all manner of Custome-houses,
Ports, Havens, Creeks and places of lading or unlading of any manner
of Goods, Wares or Merchandizes, into or out of the said Realmes and
Dominions: As also to be present with all and every the Customers,
Collecters, Searchers, Surveyers, Waiters, and other Officers and
Ministers having charge for or concerning the lading or unlading of any
Goods, Wares or Merchandizes, for their better executing of all and
everything and things thereby appointed, and for their better receiving
and enjoying of the benefit of Our said Grant at all times and places,
where the said Officers and Ministers or any of them, should by reason
of their said severall Offices have cause or occasion to be: And
also in all and every place or places, as well in Ships arrived with
Tobacco, and riding in any Port, Roade or River, as on the Land, to
make and appoint such and so many Watchmen, Waiters and Officers, and
to provide and use such reasonable waies, orders and meanes, as they
the said Francis Nichols, Jasper Leake and Philip Eden, and their
Assignes and Deputies should and might be just and truely informed of
all parcels and quantities of Tobacco, as should at any time or times
during the said Grant, be brought into any Port or place, or be planted
or growing in any place or places of the said Realmes and Dominions or
any of them.
And also that it should and might be lawfull, to and for the said
Francis Nichols, Jasper Leake, and Philip Eden, and their Assignes, and
their and every of their Deputies and Substitutes, at all and every
time and times during the terme aforesaid, in lawfull and convenient
maner, with a Constable or other Officer of the place, as well to goe
on board, view, and survay all Shippes, Vessels, or Bottomes, riding
or lying within any of the Ports, Havens, Creekes and places of lading
or unlading, within Our saide Realme of England, Dominion of Wales,
Port or Towne of Barwicke, or Realme of Ireland, or any the members or
places thereunto belonging, as to goe into any House, Celler, Vault,
Warehouse, Shop, or other place within the said Realmes and Dominion,
and Port, or Towne of Barwicke, or any part of them, or any of them
to search and view if there be any Tobacco uttered, sold, or put to
sale, or offered to be sold, or put to sale before the same be viewed,
distinguished, and sealed contrary to the true meaning of the said
Letters patents.
And We did also by the said Letters for Us, Our Heires and Successors,
require, charge and Command all and singular Maiors, Shiriffes,
Justices of Peace, Bailiffes, Constables, Headboroughes, Customers,
Comptrollers, Searchers, Surveyors, Waiters, and all other Officers,
Ministers, and Subjects whatsoever, of Us, Our Heires and Successors,
as well of the said Realme of England, Dominion of Wales, and Port and
Towne of Barwicke, as of the said Realme of Ireland, That they and
every of them, should from time to time during the continuance of that
Our graunt, be aiding and assisting to the said Francis Nichols, Jasper
Leake, and Philip Eden, and their Assignes, and to every of them, their
and every of their Deputie and Deputies, Substitute and Substitutes, in
the due Execution of all and every the powers and authorities expressed
in the said Letters Patents, upon paine of the displeasure of Us, Our
Heires and Successors, and as they would answere the contrary at their
perils; as by the said Letters Patents more at large appeareth.
Wee now, to the intent Our will and pleasure in the premisses may be
the better knowne to all Our loving Subjects whom it may concerne, Doe
hereby notifie, publish and declare the same Our pleasure, willing
and commanding that all and every the premisses, be from time to time
in every respect duely performed, executed and observed according to
the true intent and meaning of the same Our Letters Patents. And that
no person or persons doe attempt or presume to violate or infringe Our
Command hereby; or by Our said Letters Patents declared or expressed,
upon the paines and penalties therein contained. And We doe also hereby
Charge and Command, as well all and singular Merchants, and other
person and persons whatsoever, which shall import any Tobacco of what
sort soever, That they cause the same to be duely entred in the Custome
house belonging to the Port or place where it shall bee landed, in the
name or names onely of the true proprietor or owner, proprietors or
owners thereof, and not in the name or names of any other person or
persons which is not the true owner thereof; As also all Our Customers
and other Officers whatsoever, That they take speciall care and regard
to the due performance of the same, as they tender Our pleasure, and
will avoide the contrary.
Given at Theobalds the tenth day of November, in the seventeenth
yeere of Our Reigne of Great Brittaine, France, and Ireland.