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.