IR DIEV ET MON DROIT HONI ✚ SOIT ✚ QVI ✚ MAL ✚ Y ✚ PENSE royal blazon or coat of arms ¶ By the King. ¶ A Proclamation concerning Tobacco. WHereas Our Commons, assembled in Our last Sessions of Parliament, became humble Petitioners unto Us, That, for many weighty reasons, much concerning the welfare of Our Kingdom, and the Trade thereof, We would by Our Royal power, utterly prohibit the use of all foreign Tobacco, which is not of the growth of Our own Dominions; And whereas We have upon all occasions made known Our dislike, We have ever had of the use of Tobacco in general, as tending to the corruption both of the health and manners of Our people, and to that purpose have at several times heretofore prohibited the planting of Tobacco, both in England and Wales, as utterly unfit, in respect of the Climate, to cherish the same for any medicinal use, (which is the only good to be approved in it;) And at other times have also prohibited the disorderly Trading for Tobacco, into the parts beyond the Seas, as by Our several Proclamations, published to that purpose, it may appear. Nevertheless, because We have been earnestly and often importuned by many of Our loving Subjects, Planters and Adventurers in Virginia, and the Summer Islands, and lately by Our Commissioners for Virginia, that We would be pleased to take into Our Royal care that part of Our Dominions, by Our Royal authority, and by the industry of Our loyal Subjects, added to the rest of Our Empire, for the propagation of Christian Religion, and the ease and benefit of this populous Realm, and to consider, that those Colonies and Plantations, are yet but in their infancy, and cannot be brought to maturity and perfection, unless We will be pleased for a time to tolerate unto them the planting and venting of the Tobacco, which is, and shall be of the growth of those Colonies and Plantations; We, taking into Our Princely consideration these, and many other important reasons of State, have been graciously pleased to condescend to the desires and humble petitions of Our loving Subjects in this behalf. And therefore We do by these presents straight charge and command, That no person whatsoever, of what degree or quality soever, do at any time hereafter, import, or cause to be imported from any part beyond the Seas, or out of Our Kingdom of Scotland, into this Our Realm of England, or Dominion of Wales, or into Our Realm of Ireland, any Tobacco, which is not of the proper growth of the Plantations of Virginia, and the Summer Islands, or one of them, upon pain of forfeiture unto Us of all such Tobacco so to be imported, contrary to the true meaning of these presents, in whose hands soever the same shall be found, and upon such further pains and penalties, as by the Laws and Statutes of these Our Realms, or by the severity or censure of Our Court of Star-chamber, in either of those Kingdoms respectively, may be inflicted upon the Offenders, for contempt of this Our Royal command, and to be reputed and taken as enemies to Our proceedings, and to those Plantations which so much concern Our Honour, and the honour and profit of these Our Kingdoms. And We further will and command, upon the penalties aforesaid, that from henceforth, no person or persons whatsoever, presume to sow, set, or plant, or cause, or permit, or suffer to be sowed, set, or planted, in any of his or their grounds, any Tobacco whatsoever, within these Our Realms of England, or Ireland, or Dominion of Wales, or any Isles or places belonging thereto, or permit or suffer any old stock, plant, or root of Tobacco formerly set, sowed, or planted there to continue, not plucked up and utterly destroyed, contrary to the tenor and true meaning of a former Proclamation, made and published by Us to that purpose, bearing date the thirtieth day of December, in the seventeenth year of Our Reign of England. And We further straight charge and command, upon the pains and penalties aforesaid, That no person whatsoever, presume to buy, or sell any Tobacco, which from henceforth shall be imported, or brought from any the parts beyond the Seas, or from Our Realm of Scotland, which is not, or shall not be of the proper growth of the Colonies aforesaid, of Virginia, and the Summer Islands, or one of them. And because We understand, that some, who intent their own private, more than the public, conceiving it to be probable, that We would grant the petition of Our Commons in Parliament, to prevent the effect thereof, have lately imported secretly, and by stealth, great quantities of foreign Tobacco, for which they have paid no Subsidy or other duty unto Us; We further will and command, under the pains and penalties aforesaid, that no person whatsoever, from, and after the five and twentieth day of March, now next ensuing, presume to sell, or offer, or put to sale within these Our Realms or Dominion, any Tobacco, which hath been formerly imported into this Realm, which is not of the proper growth of the Colonies, or Plantations aforesaid, or one of them, nor that any person whatsoever, willingly and knowingly, take, or use any Tobacco, from, and after the first day of May, now next ensuing, which is not, or shall not be of the proper growth of the said Colonies, or Plantations, or one of them. Yet, because the said foreign Tobacco may not lie on the hands of the owners thereof, We are graciously pleased, that at any time, within forty days after the said five and twentieth day of March, such foreign Tobacco may be freely exported by any person whatsoever, without paying any Subsidy or other duty for the same. And because no man shall pretend ignorance, and thereby endeavour to excuse his offence in any of the premises; We do further charge and command, and do hereby signify and declare Our will and pleasure to be, that all, and every person and persons, Merchant or other, who useth to sell, or hath any purpose to sell Tobacco, who have in his, or their hands, custody or possession, or in the hands, custody or possesson of any other by their delivery, or to their use, any Tobacco heretofore imported into this Our Realm, or planted, set, or sown within this Realm, shall before the twentieth day of October, now next coming, bring the same into Our Customhouse, within Our City of London, if such Tobacco be within five miles of Our said City, or if such Tobacco be in any other City, Town, or place, within this Our Realm of England, or Dominion of Wales, or Realm of Ireland, shall bring the same to the Town-house, or other fit place, which shall be to that purpose appointed by Us, in that City or Corporate Town, nearest unto which the said Tobacco shall be, and shall before the first day of December, now next coming, there require and cause the same to be Marked and Sealed by such person or persons, and with such Seal and Mark, as We shall thereunto assign or appoint for that purpose, without giving any fee or allowance for the said Seal or Mark, and whatsoever Tobacco shall not be Sealed or marked, as aforesaid, within the several times aforesaid, shall be confiscate & forfeited unto Us for such their default and contempt. And for the avoiding of all deceit and abuse in disguising of foreign Tobacco, or mingling the same with the Tobacco of Virginia, or the Summer Islands, thereby to defraud the true intent of these presents, We further straight charge and command, under the pains and penalties aforesaid, That no person, who is, or shall be a seller of Tobacco, shall have, or keep ready cut, above the quantity of one pound of Tobacco at once, nor shall mingle any foreign Tobacco, with any Tobacco of the growth of the Summer Islands or Virginia. And We straight charge and command, that all the planters of Tobacco in the Colonies aforesaid, or any part thereof, shall make the same good, and merchantable, and shall not presume to send over into this our Realm of England, any Tobacco, which shall not be good and merchantable, and well made up in roll without stalks, or other bad or corrupt stuff, upon pain of confiscation thereof, or so much thereof, as upon due trial made, shall be found to be otherwise, to the intent that such of Our Subjects, as shall desire to use the same, may not be abused, or deceived therewith, to the impairing of their health. And to the intent that the Tobacco of the Colonies, and Plantations aforesaid, thus tolerated by Us, may be known and distinguished, from such as shall be secretly, and without warrant brought in by stealth; We do likewise straight charge and command, upon the pains and penalties aforesaid, That all such Tobacco, as shall be brought from the Colonies aforesaid, shall be all brought, and landed at the Key of Our Custom house, in Our city of London, and not elsewhere, in any of Our Realms or Dominions, and shallbe there registered, & shall not be removed from Our said Custom house, until it shall be there first tried, sealed, and marked, by such person, or persons, & with such seal or mark, as We shall thereunto assign and appoint; such seal or mark to be set thereto, without Fee, or other reward whatsoever. And We do further straight charge and command, upon the pains and penalties aforesaid, That all owners of ships, be careful to employ such masters in their ships, or other vessels, from whom they will take good caution, not to offend in the importation of any Tobacco, contrary to this Our Royal pleasure. And We do further signify and declare by these presents, that We will require an exact account of the master of every ship, or other vessel, that he shall make such diligent, and careful search, over the mariners and passengers in his ship, or other vessel, that none of them shall convey over into these Our Realms of England, or Ireland, or dominion of Walls, or into any Port, Haven, Creek, or other parts thereof, any Tobacco, to be imported, contrary to the true intent and meaning of these presents: And that Our Customers, or their deputies, in every Port of these Our Realms of England, and Ireland, shall, upon oath, examine every Master of a ship, or other vessel, or other Officers and Mariners in the said ship, or vessel, whether they have made search in the said ship or vessel, for Tobacco, and whether any Tobacco be in the said ship, or vessel, to their knowledge, and whether any Tobacco were laden in the said ship or vessel, and be taken out thereof, and what is become of the same: And if any Master of a ship, or other vessel, shall wilfully, or negligently permit, or suffer any Tobacco to be imported, or shall otherwise offend, contrary to these presents, every such Master (because it is in his power to prevent the same) shall also be answerable unto Us for his contempt herein, and shall be subject, & liable to all the pains and penalties aforesaid, aswell as if he himself had actually and purposely committed the said offence. And whereas We are informed, that some traders in Tobacco, do use to import Tobacco in foreign Bottoms; We strictly charge and command, that no person whatsoever, either Stranger, Denizen, or natural borne Subject, presume to import any Tobacco whatsoever, in any foreign bottom, at any time hereafter, upon pain of confiscation, not only of the said Tobacco, but also of the ship, or vessel, wherein the same is so imported, and upon the other pains and penalties aforesaid. And for the better execution of Our pleasure herein, We do hereby command all and singular Customers, Comptrollers, Searchers, Waiters, and other Officers, attending in all, and every the Ports, Creeks, or places of lading or unlading, for the taking, collecting, or receiving of any of our Customs, Subsidies, or Duties, to take notice of this Our pleasure: And We do hereby command, and give power and authority unto them, and every of them, from time to time, aswell to search any ship, or other vessel, or bottom, riding, or lying within any Port, Haven, or Creek, within their several charge of attendance, for all Tobacco imported, contrary to the intent of this Our Royal Proclamation; and the same being found, to seize and take to Our use, and also to take notice of the names, and apprehend the bringers in and buyers of the same, to the end they may receive condign punishment for their offences, upon pain, that every of the said Officers, which shall be found negligent, remiss or corrupt therein, shall lose his place and entertainment, and undergo such pains and penalties, as by Our Laws, or by the censure of Our said Court of Star-chamber, may be inflicted upon them for the same. And We do likewise, will, ordain, and appoint, that it shall and may be lawful, for such person or persons, as shall be thereunto authorized and appointed, by him, or themselves, or his, or their Deputy or Deputies, with a lawful Officer to search any ship, or other vessel, and to enter into any shop, house, seller, warehouse, or other suspected places, at lawful and convenient times, and there to search, discover, and find out any Tobacco, imported, uttered, sold, or vented, or to be uttered, sold, or vented, not marked or sealed, as aforesaid, contrary to the true meaning hereof, and all such Tobacco so found, to seize, take away, and dispose of, and the owners thereof, or in whose custody the same shall be found, to inform and complain of, to the end they may receive punishment, according to Our pleasure before herein declared. And further, We do by these presents, will and require all and singular Mayors, Sheriffs, Justices of Peace, Bailiffs, Constables, Headboroughs, Customers, Comptrollers, Searchers, Waiters, and all other Our Officers and ministers whatsoever, That they, and every of them, in their several places and Offices, be diligent and attendant in the execution of this Our Proclamation, and also aiding and assisting unto such person and persons, and his and their Deputies and Assigns, as We shall so, as aforesaid, authorize & appoint, aswell in any search for discovery of any act, or acts to be 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 Royal command. And further Our will and pleasure is, and We do hereby charge and command Our Attorney general, for the time being, to inform against such persons in Our Court of Star-chamber, from time to time, whose contempt and disobedience against this Our Royal command, shall merit the censure of that Court, and to prosecute every such information speedily and effectually, until the same shall be brought to sentence. And Our pleasure and command is, that all the Tobacco which upon any seizure shall become forfeited, shall be brought to Our Custom house, next adjoining to the Port, or place where the same shall be seized, where the seizor thereof shall deliver the same to Our use, and the same shall be forthwith burnt, consumed, and destroyed; but the offendor, before he be discharged, shall pay to the party, who seized the said Tobacco, the one half of the true value thereof: And that such person or persons, whom We shall appoint, specially by Our Privy Seal, to take care and charge of the execution of Our pleasure in the premises, shall have the one half of all the Fines, to be imposed upon every offendor against this Our Proclamation, for their encouragement to be diligent and faithful, in, and about the performance of that service, We shall so commit unto them. Given at Our Honour of Hampton Court, the nine and twentieth day of September, in the two and twentieth year of Our Reign of England, France, and Ireland, and of Scotland the eight and fiftieth. God save the King. ¶ Imprinted at London by Bonham Norton and john Bill, Printers to the Kings most Excellent Majesty. 1624.