HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ By the King. ❧ A Proclamation touching Tobacco. WHereas Our most dear 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 several Proclamations▪ the one bearing date the nine and twentieth day of September, in the two & twentieth year of his Highness' Reign of England, France, and Ireland, and of Scotland the eight and fiftieth, and the other the second day of March than next following, by both of them utterly prohibiting the importation & use of all Tobacco, which is not of the proper growth of the Colonies of Virginia, and the Sommer-Ilands, or one of them, with such Cautions▪ and under such Pains and Penalties, as are in those Proclamations at large expressed. And whereas Our said Father, by another Proclamation bearing date the thirtieth day of December, in the seventeenth year of his Highness' Reign of England, did straight charge all and every person or persons, of what degree or condition soever, that they should not from the second day of February than next following, presume to Sow, Set, or Plant, or cause to be sown, set, or planted within this Realm of England, or Dominion of Wales, any sort or kind of Tobacco whatsoever, and that they, or any of them should not maintain and continue any old Stocks or Plants of Tobacco formerly sown or planted, but should forthwith destroy and root up the same. And whereas We, finding the said Proclamations to be grounded upon many weighty reasons and considerations, did since Our Access to Our Crown, by Our Proclamation lately published, renew and confirm the said former prohibitions: Nevertheless, because the immoderate desire of taking of Tobacco hath so far prevailed in these Our Kingdoms, as that it cannot on a sudden be utterly suppressed, and the difference, or, at least, the opinion of difference between Spanish or foreign Tobacco, and Tobacco of the Plantations of Virginia, and of Our own Dominions, is such, that Our Subjects can hardly be induced totally to forsake the Spanish Tobacco; whereby it cometh to pass, That where We were willing to have suffered loss in Our Customs, so as the said foreign 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 sown within this Our Realm of England and Dominion of Wales, and so the mischief, intended to be redressed, is not avoided, and yet Our Revenue in Our Customs is much diminished. We therefore, taking into Our Princely consideration, as well the present estate of these times, and how many important necessities do at this instant press Us, that by all good means We should husband Our Revenue to the best, and also considering the many inconveniences which do and will arise, both to Ourselves and to Our Subjects, by the secret importation of Spanish Tobacco, and planting of English Tobacco, whereby diverse of Our Subjects have taken liberty to themselves, for the desire of private gain, without respect to the public, to make such frequent sale of the same, as that thereby not only Our Plantations abroad are much hindered, but Our Customs also are much impaired, We have thought fit, by the advice of Our Commissioners for Our Revenue, as Our first part of proceeding concerning Tobacco, to restrain● wholly the planting of Tobacco within these Our Realms, or any the Isles thereto belonging, and to forbid the importation of foreign Tobacco. And yet to give way to the infirmity of Our Subjects for the present, by the allowing the importation of some small quantity of Spanish or foreign Tobacco, not being of the growth of the English Plantations, not exceeding the quantity of fifty thousand weight in any one year to be brought in by Our own Commissioners only, and to Our own particular use only, and not otherwise. And to the end that the extraordinary liberty now taken, may be restrained, the said Colonies or plantations not hindered, nor Ourself deceived in Our Customs, We have likewise by the advice aforesaid, thought it requisite, to employ some persons of trust and quality to be Our Commissioners in this Service, to, and for Our own proper use, and upon account to be given to Us for the same. We do therefore hereby publish and declare Our Royal will and pleasure, that, notwithstanding the several Proclamations before mentioned, We are well contented to give way to the importation and sale of so much Spanish and foreign Tobacco, as shall not exceed the quantity of fifty thousand weight in any one year, as aforesaid, and that the same shall be Our own Merchandise and Commodity, and be managed and disposed of by Our own 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 foreign 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, We do hereby straight charge and command, that no man, other than Our own Commissioners, for Our own proper use, presume to import any foreign Tobacco into Our Realms of England or Ireland, or any parts thereof. And for their better assistance therein, and the prevention of all abuses, We have thought fit, and so ordain, and do by these presents publish Our Royal pleasure, That all Tobacco that shall from henceforth be imported into this Our Realm of England, whether it be Spanish, or of the growth of Virginia, the Sommer-Ilands, or the West-Indies, or other adjacent Lands, being English Plantations, shall be brought into Our Port of London only: Also that there shall be three several Seals kept by Our Commissioners in some convenient place, where they shall appoint, under three locks, whereofthree of Our Commissioners shall keep three several Keys, wherewith both all such foreign Tobacco, as shallbe so imported, as aforesaid, as also such other Tobacco of the growth of Virginia, and the Sommer-Ilands, and other the said Plantations as shall be imported, shall be sealed, That is to say, for that of Virginia, and the Sommer-Ilands, a Seal engraven with Our Arms, and for that of the other English Plantations, a Seal engraven with a Lion and a Crown, and for the other foreign Tobacco, a Seal engraven with a broad Arrow and a Portcullis, without paying any thing for the sealing of the Tobacco of Virginia, and Sommer-Ilands, and other the said Plantations, but only what the parties themselves shall think fit to allow for the sealer's pains, wax, and thread. And We do hereby will and Command, that no person or persons whatsoever, whether Denizen, or Stranger, or borne within any of Our Realms or Dominions, do presume, attempt, or go about to counterfeit the said Seals, or any of them, and that no person or persons whatsoever, other than Our Commissioners, their deputy or deputies do presume, attempt, or go about to import any Spanish or foreign Tobacco whatsoever, or to buy, utter, or sell any Tobacco, of what sort soever, but such as the Roll thereof shall be sealed with one of the Seals aforesaid, or to import any other, or greater quantity of Spanish Tobacco, than the said fifty thousand weight only in any one year, or to sow, set, or plant, or cause to be sown, set, or planted in any of his, or their grounds, any Tobacco whatsoever, within Our Realms of England, or Ireland, or Dominion of Wales, or any Isles or places belonging thereto, or permit, or suffer any old stocks formerly set to continue, upon pain of forfeiture unto Us, of all such Tobacco as shall be imported, set, sown, 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 pains and penalties, as by the Laws and Statutes of this Our Realm of England, or by the severity, or censure of Our Court of Star-chamber, or by Our Prerogative Royal may be inflicted upon the offenders for their contempt of this Our Royal Command, the one moiety of all which fines to be imposed upon any the said offenders, We are graciously pleased shallbe bestowed upon the persons that shall inform against them for the same; and that such person or persons as shall discover any planting of Tobacco within Our Realm of England, or other Our Realms or Dominions, shall have his charges expended in following of Suit against the offenders, allowed out of Our part of the fines to be imposed, besides his moiety aforesaid. And further, that every person or persons, that shall discover the falsifying, or counterfeiting of any the Seals aforesaid, shall have an hundred Crowns for such his discovery out of Our part of the fine to be imposed for the same, besides the one moiety for himself, as aforesaid. And for the better execution of Our will and pleasure, We do hereby Command, all and singular Customers, Comptrollers, Searchers, waiters, and other Officers, attending in all, and every, or any of Our Ports, Creeks, or places of lading, or unlading, for the taking, collecting, or receiving of any Our Customs, Subsidies, or other duties to take notice of this Our pleasure. And We do hereby command, and give power and authority unto Our said Commissioners, and those whom they shall think fit to employ in Our said service, and every, or any of them from time to time, and at all times when they shall think fittest, with a Constable, or other officer, for their assistance to search any ship, or other vessel or bottom, riding or lying within any Port, Haven, or Creek within their several 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 special care, that no more of the said Spanish, or other foreign Tobacco, shall be imported, than the said fifty thousand weight only, in any one year, and that the same be brought into Our Port of London only, as aforesaid, upon pain that every of the said officers that shall be found negligent, corrupt, or remiss herein, shall lose his place, and entertainment▪ and undergo such pains and penalties, as by the Laws, orthe censure of Our said Court of Star chamber may be inflicted upon them for the same. And likewise We do hereby ordain, will and appoint, that it shall and may be lawful, to and for Our said Commissioners, authorised, as aforesaid, to import the said fifty thousand weight of Spanish or other foreign 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 think to be most convenient, and there to search, discover, and find out any Tobacco, imported, uttered, plan●ed, set, sowed, 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, & dispose of & the owners thereof, or in whose custom the same shall be found, to inform, and complain of, to the end they may receive punishment, according to Our pleasure herein before declared. And further, We do by these presents, will and require, all and singular Mayors, Sheriffs, justices of peace, Bailiffs, Constables, Headboroughs, Customers, Controllers, 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, 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 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 lastly, 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, or Exchequer-chamber, as the case shall require from time to time, whose contempt and disobedience against this Our Royal Command, shall merit the censure of these Courts. Given at Our Court at Whitehall, the seventeenth day of February, in the second 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.XXVI.