❧ By the King. ¶ A Proclamation for the utter prohibiting the importation and use 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 suit of Our Commons in Parliament, by Our Royal Proclamation, bearing date the nine and twentieth day of September now last passed, for the reasons therein contained, We have prohibited the importation and use 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, upon the humble Petition of many Our loving Subjects▪ being Planters or Adventurers in those Colonies, and for the support and encouragement of those Plantations (whose prosperous estate We much affect, and shall by all good means be always ready to cherish and protect) We have been contented to tolerate the use of Tobacco, of the growth of those Plantations for a time, until by more solid Commodities they be able to subsist otherwise, which (as We are informed) they cannot as yet by any means do; And therefore by Our said Proclamation, We did think fit to give particular directions in many things tending to those ends, and did straight command the due execution and observation thereof, under the penalties therein contained: Now because We have been informed, aswell by the humble Certificate of Our Commissioners for Virginia, as by the humble Petition of diverse of Our loving Subjects, the Planters and Adventurers of, and in those Colonies, That, notwithstanding Our Royal pleasure was so expressly signified. and the reasons of State are so plainly laid down, as might have persuaded every well affected Subject to the due observance thereof; yet diverse, out of an inordinate desire of private gain, have wilfully disobeyed Our commandment herein, and thereby have endeavoured, as much as in them lieth, to destroy so noble a work as the support of those Plantations, which so much concerns Our Honour, and the honour and profit of Our people. We therefore, being very sensible of this neglect and contempt, have thought good to renew Our said Proclamation; And do hereby signify and declare unto all Our loving Subjects, and unto all others, Our express will and pleasure to be, That Our said former Proclamation, and every clause, prohibition, article and thing therein contained, shall from henceforth be duly observed and obeyed, with such alterations and additions, as are in these presents contained and expressed, upon pain 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 have since Our said last Proclamation, unmerchantlike, secretly and cunningly stolen in great parcels of Tobacco, contrary to Our said Proclamation; We would have those persons, and all others by their example know, That they must expect the severity of that censure, which Our Court of Star-chamber shall think fit to inflict upon them, and that We are resolved not to relent or remit their deserved punishment, but to cause them and all others, that shall dare to offend herein, to be prosecuted and punished in such measure, as such their high contempt doth deserve. And because We conceived it would be utterly in vain to prohibit the importation of such foreign Tobacco, as aforesaid, unless the care and charge of the execution thereof were committed by Us, to some fit and able persons, who besides the respect to Our service, might for their own particular interests take the same to heart; Therefore We have by Our Letters Patents under Our great Seal of England, authorized certain persons, Citizens of London, well affected to those plantations, an Our service, by themselves, and their Deputies, to search and inquire into the offences, and offenders against Our said Proclamation: And We have also contracted with them to be Our Agents for Us, and to Our use to receive the Tobacco of those Colonies, at, and for such prices as We have agreed to give for the same; and besides those prices, to be given to the Planters and owners of the said Tobacco, Our said Agents have further contracted with Us, to give and pay unto Us, and to Our use, such sums of money more, as may give Us reasonable satisfaction for that loss, which otherwise We should sustain in Our Customs and other Duties, and may enable Us to bear that charge, which We have undertaken yearly to disburse for the general defence and support of those Plantations. And We do further by this Our Proclamation publish and declare, that We will constantly and inviolably observe and perform Our said contract, and on Our parts, will allow and disburse out of Our revenue, those sums of money for the safety of those Plantations, and for the ease of the Planters and Inhabitants there, which by the said contract hath been on Our parts undertaken; whereof We would have, aswell Our said Agents, as the Planters and Adventurers in those Colonies, and all other whom it may concern, to rest confidently assured. And because We are given to understand, that diverse using to trade in Tobacco, and having a purpose to import, or buy, or sell the same, contrary to the intent of this Our Proclamation, do usually land the same at private Wharffes, Stairs, or other places, and send, or convey the same unto the Houses, Cellars, Warehouses, or other places, of, or belonging to others, who are less suspected than themselves, thereby to conceal the same from Us, and Our Agents; We further will and command, That from henceforth no person whatsoever, presume, or suffer the said prohibited Tobacco to be landed at any Wharf, Staire, or other place, nor receive, or conceal any such prohibited Tobacco, or suffer the same to be bestowed in any of their Houses, Cellars, Warehouses, or other places, upon pain of Our high displeasure, and upon such pains and penalties, as by this, or Our former Proclamation, are to be inflicted upon the principal offenders. And to the intent that all the prohibited Tobacco brought in, shallbe justly and truly exported again, & no part thereof sold, or vented within these Our Kingdoms; Our will and command is, That all the prohibited Tobacco which shall be seized within Our Kingdom of England, shall be brought and delivered into the Warehouse, or Storehouse which shall be to that purpose provided by the said Agents, in Our city of London; and all the prohibited Tobacco, which shall be seized within Our Kingdom of Ireland, shall be brought and delivered into the Warehouses, or Storehouses which shall to that purpose be appointed by Our Agents in Our city of Dublin, or elsewhere within Our said Kingdom of Ireland. And for the encouragement of those, who shall take pains in the discovery and seizing thereof, Our will and pleasure is, That the one half of the reasonable value thereof, shall be paid unto the seizers thereof in money by Our Agents, & the Tobacco itself shall be exported again by Our said Agents, or by their appointments: And for the better execution of Our service herein, We do hereby give 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 vessel, or in any House, Shop, Cellar, Soller, Warehouse, or in any Trunk, Chest, Case, barrel, or Pack, cabin, or any other suspected place whatsoever, and finding any such prohibited Tobacco, the same to seize and carry away, to be conveyed to such place or Warehouse, as Our said Agent shall appoint for that purpose, as aforesaid. And Our express will and command is, That neither Our said Agents, nor any others, do sell, or utter any part of the said prohibited Tobacco, within any Our own Dominions, there to be spent and used, whereby the vent of the Tobacco of Our Colonies aforesaid may any way be hindered, upon pain of Our heavy displeasure, and such other pains and penalties, as other offenders against this Our Proclamation are liable unto. And whereas by Our former Proclamation, We did command, that from, & after the five & twentieth day of March, then, and now next ensuing, no person should sell, utter, or offer to put to sale, or use any Tobacco, which is not of the proper growth of the Colonies aforesaid, and before the end of forty days then next ensuing, should transport out of Our said Kingdom, all other Tobacco, then that of the growth of those Colonies; We do now by this Our Proclamation, ratify and confirm the same, and command, the same to be duly put in execution: And to the end there may be no evasion used to avoid the same, We do hereby give full power and commandment to Our said Agents, by themselves and their Deputies, at any time, or times after the said five and twentieth day of March now next ensuing, to search for the said prohibited Tobacco, and to take a true and exact note and account of the quantity thereof, to the intent that the Owners thereof, before the end of forty days next ensuing after the said five and twentieth day of March, either by themselves, or some other, may export the same by the privity 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 days, may give a just account unto Our said Agents, what is become thereof; & whatsoever Tobacco which is not of the proper growth of the Plantations aforesaid, shall after the said forty days be found in the hands of any person whatsoever, shall be seized by Our said Agents, or their Deputies to Our use, and the said person or persons having or using the same, shall incur Our high displeasure, and be subject to such further pains and penalties, as by Our said Proclamation are to be inflicted upon 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 Customhouse key of Our port of London, and there be delivered to Our Agents, or their Assignees to Our use, according to Our contract aforesaid, or be kept in Our said Customhouse to be transported out of Our Dominions; and whatsoever Tobacco of the growth of those Plantations, or either of them, shall not be brought to that Key, and be delivered as aforesaid, or for which there shall not be good security given to Our Agents, within fourteen days after the landing thereof, to export the same as aforesaid, the same shall be forfeited and seized to Our use by Our Agents or their Deputies, as other prohibited Tobacco, and this to be duly observed under the pains and penalties aforesaid. And whereas We are given to understand, that divers using to trade in Tobacco. have and still do secretly and underhand steal into Our Kingdoms the said prohibited Tobacco and do so privily hide and conceal the same, that they cannot be easily discovered, nor found out, and do either by themselves, or others by them to that purpose employed, carry the same by small quantities to the houses or shops of Our subjects, inhabiting within Our said Kingdoms, and do sell or proffer the same to be sold, or else do secretly and covertly offer to contract for the sale of such prohibited Tobacco; Our will and pleasure is, and We do hereby straight charge and command all and every Our loving subjects, to whom any the said prohibited Tobacco shall be offered to be sold or contracted for, as aforesaid that immediately upon the sight of any such prohibited Tobacco, or upon offer to contract for any such Tobacco, they make stay thereof, and of such person or persons, as shall either proffer the same to sell, or shall offer to contract for any the said prohibited Tobacco, and that they and every of them, who shall have the said prohibited Tobacco so proffered unto them to be sold, as aforesaid, shall give 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, upon pain of Our high displeasure, and of such other pains and penalties, as other offenders against this Our Royal Proclamation are liable unto. And We do hereby further charge and command all and singular Constables, Head-boroughs & other Our Officers aforesaid, that they and every of them, upon notice unto them given 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 detain all such person and persons so offending as they shall have knowledge of, until they have given notice thereof unto Our said Agents or their Deputy or Deputies, and until by their means 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 justice, to answer for their faults as the same shall deserve. And for the better finding out and discovery of the offences and offenders against Our former and this Our Proclamation, We are well pleased, and do hereby require and command, that Our Treasurer, Commissioners for Our Treasury, Chancellor and Barons of Our Exchequer now, and for the time being, within Our said Kingdoms of England and Ireland, respectively shall and may award such and so many Commissions, as they shall think meet, to be directed to discreet and fit persons in all or any Our Ports, or elsewhere, to inquire of and examine upon oath, or otherwise, all such persons as are, or shall be suspected to have heretofore offended, or which hereafter shall offend against this, or Our former Proclamation in this behalf, or any other person or persons whatsoever, for the finding out and discovery 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, receivers and concealers thereof, may receive such condign 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 be seized, that then every such offender shall forfeit and pay to the hands of Our Agent or Agents, in this behalf for Our use, the full value of such Tobacco, as the said offenders heretofore have, or hereafter shall have imported, bought, sold, vented or received, as aforesaid, beside such further punishment, as shall be fit to be inflicted upon them for their contempt. And Our further will and pleasure is, and We do hereby declare, That whatsoever Our said Agent or Agents, their Assignee or Assignees, under the hands and seals of the greater number of them, have already done, or shall do hereafter against any offender or offenders, in requiring and taking the forfeiture of any Tobacco, or the value thereof so imported or uttered as aforesaid, or in the mitigating or taking any less sum than the value of the same of any such offender in the premises, or otherwise according to the good discretion of Our said Agent or Agents, We do and will from time to time approve and allow of by these presents: And this signification of Our pleasure shall be as well unto Our said Agent or Agents for the time being, as unto all and every such Commissioner and Commissioners which have been, or shall be employed, in, or about this Our service, a sufficient warrant and discharge in that behalf, without any account to be by them, or any of them respectively yielded to Us, Our Heirs or Successors, and without incurring any penalty in the doing or executing of this Our Service and Royal Command. And forasmuch as heretofore diverse great quantities of Tobacco have been imported into this Realm, under the name or names of sundry poor Mariners, and other, which are not able to pay the value thereof, nor give satisfaction for the same, Our will and pleasure is, the better to avoid such frauds and deceits in time to come, That in whatsoever Ship, or other Uessel, any such Tobacco in greater or lesser quantities, shall be found or discovered to have been, or to be so imported▪ and to be shifted away that seizure thereof cannot, or shall not be made, That then such Mariners, or others, who shall so import or colour the said Tobaccoes, shall not only be punished, as aforesaid, but that every Master of such Ship or vessel, 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 every Port, or any of Our Agents, their Deputies or Assignees respectively, until the said forfeiture be duly answered and paid to the hands of Our said Agent or Agents to Our use, or su●h others as they sh●ll appoint in that behalf. And for the better execution of the 〈◊〉, We do straight charge and command all justices of Peace, Mayor, Sheriffs, Bailiffs, 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 loving Subjects, to whom it shall or may appertain, that they and every of them at all time & times hereafter, and from time to time, upon sight of Our Letters Patents, granted to Our said Agents, or of a Deputation under the hands & seals of Our Agents, or any three of them, be aiding and assisting to Our said Agent and Agents, and their Deputy and Deputies, and to such Our Commissioners, as shall be from time to time appointed for or about this Our service, And also to be from time to time aiding and assisting to all Our Searchers, Wavers, 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 Customs, for the searching, seizing, taking, and carrying away of all such Tobacco imported, or hereafter to be imported or uttered, or intended to be put to sale contrary to this Our Royal prohibition and command. And if any person or persons shall be found, privily or secretly to oppose or animate any others, to contradict or withstand them in the due execution of this Our service and Royal command, or to neglect the due execution thereof, That then We do by these presents, straight charge and command, all and every Our said Officers respectively, that every such person and persons shall be apprehended and brought before Our Treasurer, Chancellor of Our Exchequer, or before any the Lords or others of Our Privy Council, or before Our chief Baron, or some other of the Barons of Our Exchequer for the time being, to receive such order for condign punishment to be inflicted upon them according to their demerits, as shall be fit. Given at Our Court at Theobalds', the second day of March, in the two and twentieth year of Our Reign of Great Britain, France, and Ireland. God save the King. ¶ Imprinted at London by Bonham Norton and john Bill, Printers to the Kings most Excellent Majesty. M.DC.XXIIII.