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.

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