By the King a proclamation for the vtter prohibiting the importation and vse of all tobacco, which is not the proper growth of the colonies of Virginia and the Summer Islands, or one of them. England and Wales. Sovereign (1603-1625 : James I) 1625 Approx. 20 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22340 STC 8751 ESTC S122820 33150623 ocm 33150623 28677 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22340) Transcribed from: (Early English Books Online ; image set 28677) Images scanned from microfilm: (Early English books, 1475-1640 ; 1876:19) By the King a proclamation for the vtter prohibiting the importation and vse of all tobacco, which is not the proper growth of the colonies of Virginia and the Summer Islands, or one of them. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 4 leaves. By Bonham Norton and Iohn Bill, Printers to the Kings most Excellent Maiestie, Imprinted at London : M.DC.XXIII [1624, i.e. 1625] Caption title. Imprint from colophon. Forbidding importation except from Bermuda and Virginia, and naming agents to enforce the monopoly. "Giuen 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. Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Great Britain -- History -- James I, 1603-1625. 2003-10 TCP Assigned for keying and markup 2003-10 SPi Global Keyed and coded from ProQuest page images 2003-12 Jonathan Blaney Sampled and proofread 2003-12 Jonathan Blaney Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion ❧ By the King. ¶ A Proclamation for the vtter prohibiting the importation and vse 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 haue prohibited the importation and vse 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 , vpon the humble Petition of many Our louing Subiects ▪ being Planters or Aduenturers 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 haue beene contented to tolerate the vse of Tobacco , of the growth of those Plantations for a time , vntill 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 giue particular directions in many things tending to those ends , and did straitly command the due execution and obseruation thereof , vnder the penalties therein contained : Now because Wee haue beene informed , aswell by the humble Certificate of Our Commissioners for Virginia , as by the humble Petition of diuers of Our louing Subiects , the Planters and Aduenturers of , and in those Colonies , That , notwithstanding Our Royall pleasure was so expressely signified . and the reasons of State are so plainely laid downe , as might haue perswaded euery well affected Subiect to the due obseruance thereof ; yet diuers , out of an inordinate desire of priuate gaine , haue wilfully disobeyed Our commandement herein , and thereby haue indeauoured , 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 , haue thought good to renew Our said Proclamation ; And doe hereby signifie and declare vnto all Our louing Subiects , and vnto all others , Our expresse will and pleasure to be , That Our said former Proclamation , and euery clause , prohibition , article and thing therein contained , shall from hencefoorth be duly obserued and obeyed , with such alterations and additions , as are in these presents contained and expressed , vpon 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 haue since Our said last Proclamation , vnmerchantlike , secretly and cunningly stollen in great parcels of Tobacco , contrary to Our said Proclamation ; Wee would haue those persons , and all others by their example know , That they must expect the seueritie of that censure , which Our Court of Starre-Chamber shall thinke fit to inflict vpon them , and that Wee are resolued not to relent or remit their deserued 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 deserue . And because We conceiued it would be vtterly in vaine to prohibite the importation of such forreine Tobacco , as aforesaid , vnlesse the care and ch●rge of the execution thereof were committed by Us , to some fit and able persons , who besides the respect to Our seruice , might for their owne particular interests take the same to heart ; Therefore We haue by Our Letters Patents vnder Our great Seale of England , authorized certaine persons , Citizens of London , well affected to those plantations , an Our seruice , by themselues , and their Deputies , to search and inquire into the offences , and offenders against Our said Proclamation : And Wee haue also contracted with them to bee Our Agents for Us , and to Our vse to receiue the Tobacco of those Colonies , at , and for such prices as Wee haue agreed to giue for the same ; and besides those prices , to bee giuen to the Planters and owners of the said Tobacco , Our said Agents haue further contracted with Us , to giue and pay vnto Us , and to Our vse , such summes of money more , as may giue 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 haue vndertaken 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 inuiolably obserue and performe Our said contract , and on Our parts , will allow and disburse out of Our reuenew , 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 vndertaken ; whereof We would haue , aswell Our said Agents , as the Planters and Aduenturers in those Colonies , and all other whom it may concerne , to rest confidently assured . And because Wee are giuen to vnderstand , that diuers vsing to trade in Tobacco , and hauing a purpose to import , or buy , or sell the same , contrary to the intent of this Our Proclamation , doe vsually land the same at priuate Wharffes , Staires , or other places , and send , or conueigh the same vnto the Houses , Cellers , Warehouses , or other places , of , or belonging to others , who are lesse suspected then themselues , thereby to conceale the same from Us , and Our Agents ; Wee further will and command , That from hencefoorth no person whatsoeuer , presume , or suffer the said prohibited Tobacco to bee landed at any Wharffe , Staire , or other place , nor receiue , or conceale any such prohibited Tobacco , or suffer the same to be bestowed in any of their Houses , Cellers , Warehouses , or other places , vpon paine of Our high displeasure , and vpon such paines and penalties , as by this , or Our former Proclamation , are to be inflicted vpon the principall offenders . And to the intent that all the prohibited Tobacco brought in , shal be iustly and truely exported againe , & no part therof 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 deliuered into the Ware-house , or Storehouse which shall be to that purpose prouided 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 deliuered 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 discouery and seizing thereof , Our will and pleasure is , That the one halfe of the reasonable value thereof , shall bee paid vnto the seizers thereof in money by Our Agents , & the Tobacco it selfe shall be exported againe by Our said Agents , or by their appointments : And for the better execution of Our seruice herein , We doe hereby giue 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 , Shop , Celler , Soller , Warehouse , or in any Trunke , Chest , Case , Barrell , or Pack , Cabbin , or any other suspected place whatsoeuer , and finding any such prohibited Tobacco , the same to seize and cary away , to be conueyed 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 vtter any part of the said prohibited Tobacco , within any Our owne Dominions , there to bee spent and vsed , whereby the vent of the Tobacco of Our Colonies aforesaid may any way bee hindred , vpon paine of Our heauy displeasure , and such other paines and penalties , as other offenders against this Our Proclamation are liable vnto . And whereas by Our former Proclamation , We did command , that from , & after the fiue & twentieth day of March , then , and now next ensuing , no person should sell , vtter , or offer to put to sale , or vse 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 euasion vsed to auoyd the same , Wee doe hereby giue full power and commandement to Our said Agents , by themselues and their Deputies , at any time , or times after the said fiue 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 fiue and twentieth day of March , either by themselues , or some other , may export the same by the priuity 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 giue a iust account vnto Our said Agents , what is become thereof ; & whatsoeuer 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 whatsoeuer , shall bee seized by Our said Agents , or their Deputies to Our vse , and the said person or persons hauing or vsing the same , shall incurre Our high displeasure , and bee subiect to such further paines and penalties , as by Our said Proclamation are to be inflicted vpon 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 deliuered to Our Agents , or their Assignees to Our vse , according to Our contract aforesaid , or be kept in Our said Custome-house to bee transported out of Our Dominions ; and whatsoeuer Tobacco of the growth of those Plantations , or either of them , shall not be brought to that Key , and be deliuered as aforesaid , or for which there shall not bee good security giuen 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 vse by Our Agents or their Deputies , as other prohibited Tobacco , and this to bee duely obserued vnder the paines and penalties aforesaid . And whereas Wee are giuen to vnderstand , that diuerse vsing to trade in Tobacco . haue and still doe secretly and vnderhand steale into Our Kingdomes the said prohibited Tobacco and doe so priuily hide and conceale the same , that they cannot be easily discouered , nor found out , and doe either by themselues , or others by them to that purpose imployed , carry the same by small quantities to the houses or shops of Our subiects , inhabiting within Our said Kingdomes , and doe sell or profer the same to bee sold , or else doe secretly and couertly 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 euery Our louing subiects , to whom any the said prohibited Tobacco shal be offered to be sold or contracted for , as aforesaid that immediately vpon the sight of any such prohibited Tobacco , or vpon 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 euery of them , who shall haue the said prohibited Tobacco so proffered vnto them to be sold , as aforesaid , shall giue 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 , vpon paine of Our high displeasure , and of such other paines and penalties , as other offenders against this Our Royall Proclamation are liable vnto . And Wee doe hereby further charge and command all and singuler Constables , Head-boroughs & other Our Officers aforesaid , that they and euery of them , vpon notice vnto them giuen 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 haue knowledge of , vntill they haue giuen notice thereof vnto Our said Agents or their Deputie or Deputies , and vntill 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 iustice , to answer for their faults as the same shall deserue . And for the better finding out and discouery 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 , respectiuely 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 vpon oath , or otherwise , all such persons as are , or shall be suspected to haue heretofore offended , or which hereafter shall offend against this , or Our former Proclamation in this behalfe , or any other person or persons whatsoeuer , for the finding out and discouery 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 , receiuers and concealers thereof , may receiue 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 euery such offender shall forfeit and pay to the hands of Our Agent or Agents , in this behalfe for Our vse , the full value of such Tobacco , as the said offenders heretofore haue , or hereafter shall haue imported , bought , sold , vented or receiued , as aforesaid , beside such further punishment , as shall be fit to be inflicted vpon them for their contempt . And Our further will and pleasure is , and We doe hereby declare , That whatsoeuer Our said Agent or Agents , their Assignee or Assignees , vnder the hands and seales of the greater number of them , haue 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 vttered 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 approue and allow of by these presents : And this signification of Our pleasure shall be as well vnto Our said Agent or Agents for the time being , as vnto all and euery such Commissioner and Commissioners which haue beene , or shall be imployed , in , or about this Our seruice , a sufficient warrant and discharge in that behalfe , without any account to be by them , or any of them respectiuely yeelded to Us , Our Heires or Successors , and without incurring any penalty in the doing or executing of this Our Seruice and Royall Command . And forasmuch as heretofore diuers great quantities of Tobacco haue beene imported into this Realme , vnder the name or names of sundry poore Mariners , and other , which are not able to pay the value thereof , nor giue satisfaction for the same , Our will and pleasure is , the better to auoyd such frauds and deceipts in time to come , That in whatsoeuer Ship , or other Uessel , any such Tobacco in greater or lesser quantities , shall be found or discouered to haue 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 euery Master of such Ship or Uessell , 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 euery Port , or any of Our Agents , their D●puties or Assignees respectiuely , vntill the said forfeiture be duly answered and paid to the hands of Our said Agent or Agents to Our vse , or su●h others as they sh●ll appoint in that behalfe . And for the better execu●●on of the 〈◊〉 , Wee doe straitly charge and commaund all Iustices of Peace , Mayors , Sheriffes , Bailiffes , Constables , Hea● boroughs , Tythi●gmen , 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 louing Subiects , to whom it shall or may appertaine , that they and euery of them at all time & times hereafter , and from time to time , vpon sight of Our Letters Patents , granted to Our said Agents , or of a Deputation vnder the hands & 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 seruice , And also to be from time to time ayding and assisting to all Our Searchers , Wauers , 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 vttered , or intended to be put to sale contrary to this Our Royall prohibition and commaund . And if any person or persons shall bee found , priuily or secretly to oppose or animate any others , to contradict or withstand them in the due execution of this Our seruice and Royall commaund , or to neglect the due execution thereof , That then We do by these presents , straitly charge and command , all and euery Our sayd Officers respectiuely , that euery 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 Priuy Councell , or before Our chiefe Baron , or some other of the Barons of Our Exchequer for the time being , to receiue such order for condigne punishment to be inflicted vpon them according to their demerits , as shall be fit . Giuen 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 . God saue the King. ¶ Imprinted at London by Bonham Norton and Iohn Bill , Printers to the Kings most Excellent Maiestie . M.DC.XXIIII .