A PROCLAMATION FOR THE UTTER PROHIBITING THE IMPORTATION AND USE OF
ALL TOBACCO, WHICH IS NOT OF THE PROPER GROWTH OF THE COLONIES OF
VIRGINIA AND THE SUMMER ISLANDS, OR ONE OF THEM.
Whereas, at the humble suite of Our Commons in Parliament, by Our
Royall Proclamation, bearing date the nine and twentieth day of
September now last past, for the reasons therein contained, We have
prohibited the importation and use of all Tobacco, which is not of the
proper growth of Our Colonies of Virginia and the Summer Islands, or
one of them; And whereas, upon the humble Petition of many Our loving
Subjects, being Planters or Adventurers in those Colonies, and for
the support and incouragement of those Plantations (whose prosperous
estate We much affect, and shall by all good meanes be alwayes ready
to cherish and protect) We have beene contented to tolerate the use of
Tobacco, of the growth of those Plantations for a time, untill by more
solid Commodities they be able to subsist otherwise, which (as We are
informed) they cannot as yet by any meanes doe; And therefore by Our
said Proclamation, Wee did thinke fit to give particular directions
in many things tending to those ends, and did straitly command the
due execution and observation thereof, under the penalties therein
contained: Now because Wee have beene informed, as well by the humble
Certificate of Our Commissioners for Virginia, as by the humble
Petition of divers of Our loving Subjects, the Planters and Adventurers
of, and in those Colonies, That, notwithstanding Our Royall pleasure
was so expressly signified, and the reasons of State are so plainely
laid downe, as might have perswaded every well affected Subject to the
due observance thereof; yet divers, out of an inordinate desire of
private gaine, have wilfully disobeyed Our commandement herein, and
thereby have indeavoured, as much as in them lieth, to destroy so noble
a worke as the support of those Plantations, which so much concernes
Our Honour, and the honour and profit of Our people.
Wee therefore, being very sensible of this neglect and contempt,
have thought good to renew Our said Proclamation; And doe hereby
signifie and declare unto all Our loving Subjects, and unto all
others, Our expresse will and pleasure to be, That Our said former
Proclamation, and every clause, prohibition, article and thing therein
contained, shall from hencefoorth be duly observed and obeyed, with
such alterations and additions, as are in these presents contained
and expressed, upon paine of Our high displeasure, and such penalties
and punishments, as in Our said former Proclamation are, or in these
presents shall be limited or appointed for the offenders thereof.
And whereas some have since Our said last Proclamation, unmerchantlike,
secretly and cunningly stollen in great parcels of Tobacco, contrary
to Our said Proclamation; Wee would have those persons, and all others
by their example know, That they must expect the severitie of that
censure, which Our Court of Starre-Chamber shall thinke fit to inflict
upon them, and that Wee are resolved not to relent or remit their
deserved punishment, but to cause them and all others, that shall dare
to offend herein, to bee prosecuted and punished in such measure, as
such their high contempt doth deserve.
And because We conceived it would be utterly in vaine to prohibite
the importation of such forreine Tobacco, as aforesaid, unlesse the
care and charge of the execution thereof were committed by Us, to some
fit and able persons, who besides the respect to Our service, might
for their owne particular interests take the same to heart; Therefore
We have by Our Letters Patents under Our great Seale of England,
authorized certaine persons, Citizens of London, well affected to those
plantations, and to Our service, by themselves, and their Deputies, to
search and inquire into the offences, and offenders against Our said
Proclamation: And Wee have also contracted with them to bee Our Agents
for Us, and to Our use to receive the Tobacco of those Colonies,
at, and for such prices as Wee have agreed to give for the same; and
besides those prices, to bee given to the Planters and owners of the
said Tobacco, Our said Agents have further contracted with Us, to give
and pay unto Us, and to Our use, such summes of money more, as may
give Us reasonable satisfaction for that losse, which otherwise Wee
should sustaine in Our Customes and other Dueties, and may inable Us
to beare that charge, which Wee have undertaken yeerely to disburse
for the generall defence and support of those Plantations. And We doe
further by this Our Proclamation publish and declare, that We will
constantly and inviolably observe and performe Our said contract, and
on Our parts, will allow and disburse out of Our revenew, those summes
of money for the safety of those Plantations, and for the ease of the
Planters and Inhabitants there, which by the said contract hath beene
on Our parts undertaken; whereof We would have, aswell Our said Agents,
as the Planters and Adventurers in those Colonies, and all other whom
it may concerne, to rest confidently assured.
And because Wee are given to understand, that divers using to trade
in Tobacco, and having a purpose to import, or buy, or sell the same,
contrary to the intent of this Our Proclamation, doe usually land
the same at private Wharffes, Staires, or other places, and send,
or conveigh the same unto the Houses, Cellers, Warehouses, or other
places, of, or belonging to others, who are lesse suspected then
themselves, thereby to conceale the same from Us, and Our Agents; Wee
further will and command, That from hencefoorth no person whatsoever,
presume, or suffer the said prohibited Tobacco to bee landed at any
Wharffe, Staire, or other place, nor receive, or conceale any such
prohibited Tobacco, or suffer the same to be bestowed in any of their
Houses, Cellers, Warehouses, or other places, upon paine of Our high
displeasure, and upon such paines and penalties, as by this, or Our
former Proclamation, are to be inflicted upon the principall offenders,
And to the intent that all the prohibited Tobacco brought in, shall
be justly and truely exported againe, et no part thereof sold, or
vented within these Our Kingdomes; Our will and command is, That all
the prohibited Tobacco which shall be seized within Our Kingdome
of England, shall be brought and delivered into the Warehouse, or
Storehouse which shall be to that purpose provided by the said Agents,
in Our city of London; and all the prohibited Tobacco, which shall be
seized within Our Kingdome of Ireland, shall bee brought and delivered
into the Warehouses, or Storehouses which shall to that purpose bee
appointed by Our Agents in Our city of Dublin, or elsewhere within Our
said Kingdome of Ireland.
And for the incouragement of those, who shall take paines in the
discovery and seizing thereof, Our will and pleasure is That the
one halfe of the reasonable value thereof, shall bee paid unto the
seizers thereof in money by Our Agents, et the Tobacco it selfe shall
be exported againe by Our said Agents, or by their appointments: And
for the better execution of Our service herein, We doe hereby give
full power and authority, as well to Our Agent and Agents, as to their
Deputy and Deputies, at all time and times, to enter into, and to
search for any prohibited Tobacco, contrary to this Our Proclamation,
in any Ship, Boate, or vessell, or in any House, Ship, Celler, Soller,
Warehouse, or in any Trunke, Chest, Case, Barrell, or Pack, Cabbin, or
any other suspected place whatsoever, and finding any such prohibited
Tobacco, the same to seize and cary away, to be conveyed to such place
or Warehouse, as Our said Agent shall appoint for that purpose, as
aforesaid.
And Our expresse will and command is, That neither Our said Agents, nor
any others, doe sell, or utter any part of the said prohibited Tobacco,
within any Our owne Dominions, there to bee spent and used, whereby
the vent of the Tobacco of our Colonies aforesaid may any way bee
hindred, upon paine of Our heavy displeasure, and such other paines and
penalties, as other offenders against this Our Proclamation are liable
unto.
And whereas by Our former Proclamation, We did command, that from, et
after the five et twentieth day of March, then, and now next ensuing,
no person should sell, utter, or offer to put to sale, or use any
Tobacco, which is not of the proper growth of the Colonies aforesaid,
and before the ende of forty dayes then next ensuing, should transport
out of Our said Kingdome, all other Tobacco, then that of the growth
of those Colonies; Wee doe now by this Our Proclamation, ratifie and
confirme the same, and command, the same to be duely put in execution:
And to the ende there may be no evasion used to avoyd the same, Wee
doe hereby give full power and commandement to Our said Agents, by
themselves and their Deputies, at any time, or times after the said
five and twentieth day of March now next ensuing, to search for the
said prohibited Tobacco, and to take a true and exact note and accompt
of the quantity thereof, to the intent that the Owners thereof, before
the ende of forty dayes next ensuing after the said five and twentieth
day of March, either by themselves, or some other, may export the
same by the privity of the said Agents, according to the true intent
of this, and of Our said former Proclamation, and at the end of the
said forty dayes, may give a just account unto Our said Agents, what
is become thereof; et whatsoever Tobacco, which is not of the proper
growth of the Plantations aforesaid, shall after the said forty dayes
be found in the hands of any person whatsoever, shall bee seized by
Our said Agents, or their Deputies to Our use, and the said person or
persons having or using the same, shall incurre Our high displeasure,
and bee subject to such further paines and penalties, as by Our said
Proclamation are to be inflicted upon any other offenders.
And Our further will and command is, that all the Tobacco of the growth
of Our Colonies aforesaid, shall be brought to the Custome-house-key
of Our port of London, and there be delivered to Our Agents, or their
Assignees to Our use, according to Our contract aforesaid, or be kept
in Our said Custome-house to bee transported out of Our Dominions; and
whatsoever Tobacco of the growth of those Plantations, or either of
them, shall not be brought to that Key, and be delivered as aforesaid,
or for which there shall not bee good security given to Our Agents,
within foureteene dayes after the landing thereof, to export the same
as aforesaid, the same shall bee forfeited and seized to Our use by Our
Agents or their Deputies, as other prohibited Tobacco, and this to bee
duely observed under the paines and penalties aforesaid.
And whereas Wee are given to understand, that divers using to trade
in Tobacco, have and still doe secretly and underhand steale into Our
Kingdomes the said prohibited Tobacco, and doe so privily hide and
conceale the same, that they cannot be easily discovered, nor found
out; and doe either by themselves, or others by them to that purpose
imployed, carry the same by small quantities to the houses or shops
of Our subjects, inhabiting within Our said Kingdomes, and doe sell
or profer the same to bee sold, or else doe secretly and covertly
offer to contract for the sale of such prohibited Tobacco; Our will
and pleasure is, and Wee doe hereby straitly charge and command all
and every Our loving subjects, to whom any the said prohibited
Tobacco shall be offered to be sold or contracted for, as aforesaid,
that immediately upon the sight of any such prohibited Tobacco, or
upon offer to contract for any such Tobacco, they make stay thereof,
and of such person or persons, as shall either profer the same to
sell, or shall offer to contract for any the said prohibited Tobacco,
and that they and every of them, who shall have the said prohibited
Tobacco so proffered unto them to be sold, as aforesaid, shall give
notice thereof, and charge the next Constable, Head-borough or other
Officer, with such person or persons, who shall offer to put the same
to sale, upon paine of Our high displeasure, and of such other paines
and penalties, as other offenders against this Our Royall Proclamation
are liable unto. And Wee doe hereby further charge and command all and
singuler Constables, Head-boroughs et other Our Officers aforesaid,
that they and every of them, upon notice unto them given of any such
prohibited Tobacco, as aforesaid, or of any such person and persons so
offending, as aforesaid, that they seize the said Tobacco, and detaine
all such person and persons so offending as they shal have knowledge
of, untill they have given notice thereof unto Our said Agents or
their Deputie or Deputies, and untill by their meanes the person
offending may be brought before such Officer as hath power by this Our
Proclamation to take sufficient bond for the appearance of such person,
in some of Our Courts of justice, to answer for their faults as the
same shall deserve.
And for the better finding out and discovery of the offences and
offenders against Our former and this Our Proclamation, We are well
pleased, and doe hereby require and command, that Our Treasurer,
Commissioners for Our Treasury, Chancellour and Barons of Our Exchequer
now, and for the time being, within Our said Kingdomes of England and
Ireland, respectively shall and may award such and so many Commissions,
as they shall thinke meet, to be directed to discreet and fit persons
in all or any Our Ports, or elsewhere, to enquire of and examine upon
oath, or otherwise, all such persons as are, or shall be suspected
to have heretofore offended, or which hereafter shall offend against
this, or Our former Proclamation in this behalfe, or any other
person or persons whatsoever, for the finding out and discovery of
the said offences and offenders, as is before mentioned; to the end
that, as well the importers of such Tobacco as the buyers, sellers,
spenders, receivers and concealers thereof, may receive such condigne
punishment by fine or otherwise, for their offences, as by Our Court of
Star-chamber, or Court of Exchequer shall be thought fit: And in case
such Tobacco shall not, or cannot be taken, or found to bee seized,
that then every such offender shall forfeit and pay to the hands of Our
Agent or Agents, in this behalfe for Our use, the full value of such
Tobacco, as the said offenders heretofore have, or hereafter shall have
imported, bought, sold, vented or received, as aforesaid, beside such
further punishment, as shall be fit to be inflicted upon them for their
contempt.
And Our further will and pleasure is, and We doe hereby declare, That
whatsoever Our said Agent or Agents, their Assignee or Assignees, under
the hands and seales of the greater number of them, have already done,
or shall doe hereafter against any offender or offenders, in requiring
and taking the forfeiture of any Tobacco, or the value thereof so
imported or uttered as aforesaid, or in the mitigating or taking any
lesse summe then the value of the same of any such offender in the
premisses, or otherwise according to the good discretion of Our said
Agent or Agents, Wee doe and will from time to time approve and allow
of by these presents: And this signification of Our pleasure shall be
as well unto Our said Agent or Agents for the time being, as unto all
and every such Commissioner and Commissioners which have beene, or
shall be imployed, in, or about this Our service, a sufficient warrant
and discharge in that behalfe, without any account to be by them, or
any of them respectively yeelded to Us, Our Heires or Successors, and
without incurring any penalty in the doing or executing of this Our
Service and Royall Command.
And forasmuch as heretofore divers great quantities of Tobacco have
beene imported into this Realme, under the name or names of sundry
poore Mariners, and other, which are not able to pay the value thereof,
nor give satisfaction for the same, Our will and pleasure is, the
better to avoyd such frauds and deceipts in time to come, That in
whatsoever Ship, or other Vessell, any such Tobacco in greater or
lesser quantities, shall be found or discovered to have beene, or to
be so imported, and to be shifted away that seizure thereof cannot,
or shal not be made, That then such Mariners, or others, who shall
so import or couler the said Tobaccoes, shall not onely be punished,
as aforesaid, but that every Master of such Ship or Vessell, wherein
such Tobacco shall be so imported or shifted away, as aforesaid, shall
forfeit to Us the value of the said Tobacco, and that such Ship or
Ships shall be arrested, and stayed by the Officers of every Port, or
any of Our Agents, their Deputies or Assignees respectively, untill
the said forfeiture be duly answered and paid to the hands of Our said
Agent or Agents to Our use, or such others as they shall appoint in
that behalfe.
And for the better execution of the premisses, Wee doe straitly charge
and command all Justices of Peace, Mayors, Sheriffes, Bailiffes,
Constables, Headboroughs, Tythingmen, Our Warden and Constable of Our
Cinque Ports, and all other Our Officers and Ministers, as well of Our
Admiralties, as otherwise, and all other Our loving Subjects, to whom
it shall or may appertaine, that they and every of them at all times
et times hereafter, and from time to time, upon sight of Our Letters
Patents, granted to Our said Agents, or of a Deputation under the hands
et seales of Our Agents, or any three of them, be ayding and assisting
to Our said Agent and Agents, and their Deputie and Deputies, and to
such Our Commissioners, as shall be from time to time appointed for or
about this Our service, And also to be from time to time ayding and
assisting to all Our Searchers, Waiters, and to all such other person
and persons as shall be authorized by Our said Agent or Agents, or by
Our Customers or Farmers of Our Customes, for the searching, seizing,
taking, and carying away of all such Tobacco imported, or hereafter to
be imported or uttered, or intended to be put to sale contrary to this
Our Royall prohibition and command. And if any person or persons shall
bee found, privily or secretly to oppose or animate any others, to
contradict or withstand them in the due execution of this Our service
and Royall command, or to neglect the due execution thereof, That then
We do by these presents, straitly charge and command, all and every Our
sayd Officers respectively, that every such person and persons shall
be apprehended and brought before Our Treasurer, Chancellour of Our
Exchequer, or before any the Lords or others of Our Privy Councell, or
before Our chiefe Baron, or some other of the Barons of Our Exchequer
for the time being, to receive such order for condigne punishment to be
inflicted upon them according to their demerits, as shall be fit.
Given at Our Court at Theobalds, the second day of March, in the two
and twentieth yeere of Our Reigne of Great Britaine, France, and
Ireland.