Whereas Our Commons, assembled in Our last Sessions of Parliament,
became humble Petitioners unto Us, That, for many waightie reasons,
much concerning the welfare of Our Kingdome, and the Trade thereof,
We would by Our Royall power, utterly prohibite the use of all
foreigne Tobacco, which is not of the growth of Our owne Dominions[1]:
And whereas We have upon all occasions made knowen Our dislike, We
have ever had of the use of Tobacco in generall, as tending to the
corruption both of the health and manners of Our people, and to that
purpose have at severall times heretofore prohibited the planting of
Tobacco, both in England and Wales, as utterly unfit, in respect of
the Climate, to cherish the same for any medicinall use, (which is
the onely good to bee approoved in it;) And at other times have also
prohibited the disorderly Trading for Tobacco, into the parts beyond
the Seas, as by Our severall Proclamations, published to that purpose,
it may appeare. Neverthelesse, because Wee have beene earnestly
and often importuned by many of Our loving Subjects, Planters and
Adventurers in Virginia, and the Sommer Islands, and lately by Our
Commissioners for Virginia, that We would be pleased to take into Our
Royall care that part of Our Dominions, by Our Royall authoritie, and
by the industrie of Our loyall Subjects, added to the rest of Our
Empire, for the propagation of Christian Religion, and the ease and
benefite of this populous Realme, and to consider, that those Colonies
and Plantations, are yet but in their infancie, and cannot be brought
to maturitie and perfection, unlesse We will bee pleased for a time
to tolerate unto them the planting and venting of the Tobacco, which
is, and shall be of the growth of those Colonies and Plantations; We,
taking into Our Princely consideration these, and many other important
reasons of State, have beene graciously pleased to condescend to the
desires and humble petitions of Our loving Subjects in this behalfe.
And therefore We doe by these presents straitly charge and command,
That no person whatsoever, of what degree or qualitie soever, doe at
any time hereafter, import, or cause to be imported from any part
beyond the Seas, or out of Our Kingdome of Scotland, into this Our
Realme of England, or Dominion of Wales, or into Our Realme of Ireland,
any Tobacco, which is not of the proper growth of the Plantations
of Virginia, and the Sommer Islands, or one of them, upon paine of
forfeiture unto Us of all such Tobacco so to be imported, contrary to
the true meaning of these presents, in whose hands soever the same
shall be found, and upon such further paines and penalties, as by
the Lawes and Statutes of these Our Realmes, or by the severity or
censure of Our Court of Starre-chamber, in either of those Kingdomes
respectively, may be inflicted upon the Offendors, for contempt of
this Our Royall command, and to be reputed and taken as enemies to
Our proceedings, and to those Plantations which so much concerne Our
Honour, and the honour and profit of these Our Kingdomes. And We
further will and command, upon the penalties aforesaid, that from
hencefoorth, no person or persons whatsoever, presume to sow, set, or
plant, or cause, or permit, or suffer to be sowed, set, or planted, in
any of his or their grounds, any Tobacco whatsoever, within these Our
Realmes of England, or Ireland, or Dominion of Wales, or any Isles or
places belonging thereto, or permit or suffer any old stocke, plant,
or root of Tobacco formerly set, sowed, or planted there to continue,
not plucked up and utterly destroyed, contrary to the tenour and true
meaning of a former Proclamation, made and published by Us to that
purpose, bearing date the thirtieth day of December, in the seventeenth
yeere of Our Reigne of England.
And Wee further straitly charge and command, upon the paines and
penalties aforesaid, That no person whatsoever, presume to buy, or sell
any Tobacco, which from hencefoorth shall be imported, or brought from
any the parts beyond the Seas, or from Our Realme of Scotland, which is
not, or shall not be of the proper growth of the Colonies aforesaid,
of Virginia, and the Sommer Islands, or one of them. And because
Wee understand, that some, who intend their owne private, more then
the publique, conceiving it to be probable, that We would grant the
petition of Our Commons in Parliament, to prevent the effect thereof,
have lately imported secretly, and by stealth, great quantities of
forreigne Tobacco, for which they have payd no Subsidie, or other duety
unto Us; We further will and command, under the paines and penalties
aforesaid, that no person whatsoever, from, and after the five and
twentieth day of March, now next ensuing, presume to sell, or offer,
or put to sale within these Our Realmes or Dominion, any Tobacco,
which hath beene formerly imported into this Realme, which is not of
the proper growth of the Colonies, or Plantations aforesaid, or one of
them, nor that any person whatsoever, willingly and knowingly, take,
or use any Tobacco, from, and after the first day of May, now next
ensuing, which is not, or shall not be of the proper growth of the
sayd Colonies, or Plantations, or one of them. Yet, because the said
forreigne Tobacco may not lie on the hands of the owners thereof, Wee
are graciously pleased, that at any time, within fortie dayes after
the sayd five and twentieth day of March, such forreigne Tobacco
may be freely exported by any person whatsoever, without paying any
Subsidie or other duetie for the same. And because no man shall pretend
ignorance, and thereby endevour to excuse his offence in any of the
premisses; Wee doe further charge and command, and doe hereby signifie
and declare Our will and pleasure to be, that all, and every person and
persons, Merchant or other, who useth to sell, or hath any purpose to
sell Tobacco, who have in his, or their hands, custodie or possession,
or in the hands, custodie or possession of any other by their delivery,
or to their use, any Tobacco heretofore imported into this Our
Realme, or planted, set, or sowen within this Realme, shall before the
twentieth day of October, now next comming, bring the same into Our
Custome-house, within Our Citie of London, if such Tobacco be within
five miles of Our said Citie, or if such Tobacco be in any other Citie,
Towne, or Place, within this Our Realme of England, or Dominion of
Wales, or Realme of Ireland, shall bring the same to the Towne-house,
or other fit place, which shall be to that purpose appointed by Us, in
that City or Corporate Towne, neerest unto which the said Tobacco shall
be, and shall before the first day of December, now next comming, there
require and cause the same to be Marked and Sealed by such person or
persons, and with such Seale and Marke, as We shall thereunto assigne
or appoint for that purpose, without giving any fee or allowance for
the said Seale or Marke, and whatsoever Tobacco shall not be Sealed or
marked, as aforesaid, within the severall times aforesaid, shall be
confiscate et forfeited unto Us for such their default and contempt.
And for the avoyding of all deceit and abuse in disguising of forraigne
Tobacco, or mingling the same with the Tobacco of Virginia, or the
Sommer Islands, thereby to defraud the true intent of these presents,
We further straitly charge and command, under the paines and penalties
aforesaid, That no person, who is, or shall be a seller of Tobacco,
shall have, or keepe ready cut, above the quantity of one pound of
Tobacco at once, nor shall mingle any forraigne Tobacco, with any
Tobacco of the growth of the Sommer Islands or Virginia.
And Wee straitly charge and command, that all the planters of Tobacco
in the Colonies aforesaid, or any part thereof, shall make the same
good, and merchantable, and shall not presume to send over into this
our Realme of England, any Tobacco, which shall not be good and
merchantable, and well made up in rolle without stalkes, or other bad
or corrupt stuffe, upon paine of confiscation thereof, or so much
thereof, as upon due triall made, shall be found to be otherwise, to
the intent that such of Our Subjectes, as shall desire to use the
same, may not be abused, or deceived therewith, to the impairing of
their health. And to the intent that the Tobacco of the Colonies,
and Plantations aforesaid, thus tolerated by Us, may be knowen and
distinguished, from such as shall bee secretly, and without warrant
brought in by stealth; Wee doe likewise straitly charge and command,
upon the paines and penalties aforesaid, That all such Tobacco, as
shall bee brought from the Colonies aforesaid, shall be all brought,
and landed at the Key of Our Custome house, in Our citie of London,
and not elsewhere, in any of Our Realmes or Dominions, and shal be
there registred, et shall not be removed from Our said Custome house,
untill it shall bee there first tryed, sealed, and marked, by such
person, or persons, et with such seale or marke, as We shall thereunto
assigne and appoint; such seale or marke to bee set thereto, without
Fee, or other reward whatsoever. And Wee doe further straitly charge
and command, upon the paines and penalties aforesaid, That all owners
of ships, bee carefull to imploy such masters in their ships, or other
vessels, from whom they will take good caution, not to offend in the
importation of any Tobacco, contrary to this Our Royall pleasure.
And We do further signifie and declare by these presents, that We
will require an exact accompt of the master of every ship, or other
vessell, that he shall make such diligent, and carefull search, over
the mariners and passengers in his ship, or other vessell, that none
of them shall conveigh over into these Our Realmes of England, or
Ireland, or dominion of Walles, or into any Port, Haven, Creeke, or
other parts thereof, any Tobacco, to be imported, contrary to the true
intent and meaning of these presents: And that Our Customers, or their
deputies, in every Port of these Our Realmes of England, and Ireland,
shall, upon oath, examine every Master of a ship, or other vessell, or
other Officers and Mariners in the said ship, or vessell, whether they
have made search in the said ship or vessell, for Tobacco, and whether
any Tobacco bee in the said ship, or vessell, to their knowledge, and
whether any Tobacco were laden in the said ship or vessell, and bee
taken out thereof, and what is become of the same: And if any Master
of a ship, or other vessell, shall wilfully, or negligently permit, or
suffer any Tobacco to be imported, or shall otherwise offend, contrary
to these presents, every such Master (because it is in his power to
prevent the same) shall also be answerable unto Us for his contempt
herein, and shall be subject, et lyable to all the paines and penalties
aforesaid, as well as if he himselfe had actually and purposely
committed the said offence. And whereas We are informed, that some
traders in Tobacco, doe use to import Tobacco in forreigne Bottomes;
Wee strictly charge and command, that no person whatsoever, either
Stranger, Denizen, or naturall borne Subject, presume to import any
Tobacco whatsoever, in any forreigne bottome, at any time hereafter,
upon paine of confiscation, not onely of the said Tobacco, but also of
the ship, or vessell, wherein the same is so imported, and upon the
other paines and penalties aforesaid.
And for the better execution of Our pleasure herein, We doe hereby
command all and singuler Customers, Comptrollers, Searchers, Wayters,
and other Officers, attending in all, and every the Ports, Creekes, or
places of lading or unlading, for the taking, collecting, or receiving
of any of our Customes, Subsidies, or Duties, to take notice of this
Our pleasure: And We do hereby command, and give power and authoritie
unto them, and every of them, from time to time, as well to search
any shippe, or other vessell, or bottome, ryding, or lying within any
Port, Haven, or Creeke, within their severall charge of attendance,
for all Tobacco imported, contrary to the intent of this Our Royall
Proclamation; and the same being found, to seize and take to Our use,
and also to take notice of the names, and apprehend the bringers in and
buyers of the same, to the end they may receive condigne punishment
for their offences, upon payne, that every of the said Officers, which
shall bee found negligent, remisse or corrupt therein, shall lose his
place and entertainement, and undergoe such paines and penalties, as by
Our Lawes, or by the censure of Our said Court of Starre-chamber, may
be inflicted upon them for the same.
And We doe likewise, will, ordaine, and appoint, that it shall and
may bee lawfull, for such person or persons, as shall be thereunto
authorized and appointed, by him, or themselves, or his, or their
Deputy or Deputies, with a lawfull Officer to search any shippe, or
other vessell, and to enter into any shoppe, house, seller, warehouse,
or other suspected places, at lawfull and convenient times, and there
to search, discover, and find out any Tobacco, imported, uttered, sold,
or vented, or to be uttered, sold, or vented, not marked or sealed, as
aforesaid, contrary to the true meaning hereof, and all such Tobacco
so found, to seize, take away, and dispose of, and the owners thereof,
or in whose custodie the same shall be found, to informe and complaine
of, to the end they may receive punishment, according to Our pleasure
before herein declared.
And further, We doe by these presents, will and require all and
singuler Mayors, Sheriffes, Justices of Peace, Bayliffes, Constables,
Headboroughs, Customers, Comptrollers, Searchers, Wayters, 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 unto such person and persons, and his and their Deputies and
Assignes, as We shall so, as aforesaid, authorise et appoint,[2] as
well in any search for discovery of any act, or acts to be 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 further Our will and pleasure is, and Wee doe
hereby charge and command Our Atturney generall, for the time being,
to informe against such persons in Our Court of Starre-chamber, from
time to time, whose contempt and disobedience against this Our Royall
command, shall merit the censure of that Court, and to prosecute every
such information speedily and effectually, untill the same shall bee
brought to sentence. And Our pleasure and command is, that all the
Tobacco which upon any seizure shall become forfeited, shall bee
brought to Our Custome house, next adjoyning to the Port, or place
where the same shall be seized, where the seizor thereof shall deliver
the same to Our use, and the same shall be forthwith burnt, consumed,
and destroyed; but the offendour, before he be discharged, shall pay
to the partie, who seized the said Tobacco, the one halfe of the
true value thereof: And that such person or persons, whom Wee shall
appoint specially by Our Privie Seale, to take care and charge of the
execution of Our pleasure in the premisses, shall have the one halfe
of all the Fines, to bee imposed upon every offendour against this Our
Proclamation, for their encouragement to bee diligent and faithfull,
in, and about the performance of that service, We shall so commit unto
them.
Given at Our Honour of Hampton Court, the nine and twentieth day of
September, in the two and twentieth yeere of Our Reigne of England,
France, and Ireland, and of Scotland the eight and fiftieth.