Whereas by an Act of Parliament made in Our late Parliament begun and
held at Westminster in the County of Middlesex, the Five and Twentieth
day of April in the Twelfth year of Our Reign, for and upon the reasons
and grounds therein expressed, it was Enacted by the Authority of the
same Parliament, That no person or persons whatsoever should, or do
from and after the First day of January, in the Year of our Lord One
thousand six hundred and sixty, Set, plant, improve to grow, make or
cure any Tobacco either in Seed, plant or otherwise, in or upon any
ground, earth, field, or place within Our Kingdom of England, Dominion
of Wales, Islands of Guernsey or Jersey or Town of Berwick upon Tweed,
or in Our Kingdome of Ireland, under the penalty of the forfeiture
of all such Tobacco, or the value thereof, or of the Sum of Forty
shillings for every Rod or Pole of Ground so planted, set or sowen as
aforesaid, and so proportionably for a greater or lesser quantity of
ground, One moyety thereof to Us Our Heirs and Successors, and the
other moyety to him or them that shall sue for the same to be recovered
by Bill, Plaint or Information in any Court of Record, wherein no
Essoign, protection or wager in Law shall be allowed: And it was
thereby further enacted, That all Sheriffs, Justices of the peace,
Mayors, Bailiffs, Constables, and every of them, upon information or
complaint made unto them or any of them, by any the Officers of the
Customes, or by any other person or persons whatsoever, that there was
any Tobacco set, sown, planted, or growing within their jurisdictions
or precincts contrary to the same Act should within ten dayes after
such information or complaint cause to be burnt, plucked up, consumed,
or utterly destroyed all such Tobacco so set, sowen, planted, or
growing. And it was thereby further enacted, That in case any person or
persons should resist or make forcible opposition against any person or
persons in the due and through execution of the same Act, That every
such person or persons for every such offence should forfeit the sum
of Five pounds to be divided and recovered in manner aforesaid; And in
case any person or persons should not pay the summs of money by them to
be paid, by vertue of the same Act, that in every such case distress
should be made and sale thereof, returning the overplus to the owners;
And in case no distress shall be found, that then every such party
should be committed to the common Gaol in the County where such offence
should be committed, there to remain for the space of two moneths
without Bail or Mainprise. Provided always, and it was thereby enacted,
That the same Act nor any thing contained therein should extend to the
hindering of the planting of Tobacco in any Physick-garden of either
University, or in any other private garden for Physick or Chirurgery,
only so as the quantity so planted exceed not one half of one pole
in any one place or garden, as in et by the same Act it doth and may
more fully appear.[1] Now to the end that all Our loving Subjects in
all parts of Our said Kingdoms of England and Ireland, and Dominion
of Wales, and in the said Islands of Guernsey and Jersey, and in our
said Town of Berwick upon Twede, may the better take notice of and
more duely observe the said Act, and not ignorantly offend against the
same for the future, We have thought good to publish et declare the
same to all Our loving Subjects by this Our Royal Proclamation, And
do withall likewise signifie and declare, that for the future We shall
expect, and do hereby require all dutiful observance thereof, and ready
conformity thereunto, and that not onely upon the pains, penalties,
and forfeitures therein expressed, but also of Our high indignation
and displeasure, justly and deservedly to be inflicted upon all those
that shall knowingly and presumptuously offend against so just and
reasonable a Law. And we do hereby streightly charge and command all
Our Judges of Assise and Commissioners of Oyer and Terminer in their
several Circuits, and all Our Justices of Peace in their several and
respective Quarter-Sessions, that they give the same Law in charge
to the several et respective Juries in their several and respective
Inquests before them, to the end that the offences and offenders
against the same, both in the setting, planting, or sowing of Tobacco,
contrary to the true intent and meaning of the same Act, and also
all forcible opposition et resistance made or to be made against any
person or persons in the due execution of the same Act, may be punished
according to Law and the demerit of their offences in this behalf. And
We do further command and require all Sheriffs, Justices of the peace,
Mayors, Bayliffs, Constables, and all other Our Officers and ministers
whatsoever whom the premisses shall or may concern, that they from
time to time as occasion shall require, be diligent, circumspect, and
careful in the due execution of the same Act in all things according to
the true intent and meaning, thereof, as they will answer the contrary
at their perils.
Given at Our Court at Whitehall, the Twenty ninth day of March, in
the Thirteenth Year of Our Reign, One thousand six hundred sixty one.