❧ By the King.
❧ A Proclamation concerning the viewing and distinguishing of Tobacco in England and Ireland, the Dominion of VVales, and Towne of Barwicke.
WHereas diuers good and necessarie prouisions haue beene heretofore made, aswell by Act of Parliament, as otherwise, for the well garbling of Spices and Drugges, to the intent the Subiects of this Our Realme should not bee occasioned to vse any vnwholsome Spices or Drugges, to the impayring of their health▪ or to buy the bad instead of the good, to the impairing of their substance. And for as much as the Drugge called Tobacco, being of late yeeres growne frequent in this Our Realme & other Our Dominions, is daily sold vngarbled, whereby more inconuenience groweth and ariseth to Our louing Subiects, then by any other Drugge whatsoeuer. And for that also by the manie and sundrie abuses practised and committed by Merchants, Masters of Ships and others, in concealing and vttering the said Tobacco without paying any Impost or Custome for the same, great losse and dammage accrueth to Us, notwithstanding any Lawes, Statutes or other course heretofore taken for preuenting thereof: For remedie of all which Inconueniences, Wee, by our Letters Patents vnder our great Seale of England, bearing Date, at Westmynster the fiue and twentieth day of May now last past, did prohibite and forbid, That no person or persons should at any time after the day of the Date of our said Letters patents within Our Realme of England, the Dominion of Wales, and Port and Towne of Barwicke, or any of them; or within Our Realme of Ireland, or any part of them or any of them, by himselfe or themselues, or his or their seruants or factours, or any others, directly or indirectly sell or put to sale; or attempt, presume or goe about any manner of way to sell or put to sale, either in grosse or by retaile, any Tobacco, of what sort, kind or growth soeuer, before the Custome and Impost thereof due, were paid; and the same Tobacco were viewed, distinguished and sealed by the Officer or Officers of Us, Our Heires and Successours, in that behalfe to be constituted and appointed; For whose labour, trauell, charges and expences in that behalfe to be sustained and taken in the execution of the said Office: Wee did by the said Letters Patents, constitute and appoint, That they should and might from time to time, demand, take and receiue to their owne vse, of euery person and persons whose Tobacco they should so garble, viewe and seale, the summe of foure pence of currant English money, for euery pound weight thereof so viewed and sealed.
And Wee did also by Our said Letters Patents (for the considerations therein mentioned) giue and grant the said Office, with the powers, fees and authorities before mentioned to Our welbeloued Subiects, Francis Nichols, Iasper Leake and Philip Eden, Gentlemen, to be executed by them or their Deputies or Assignes for thirtie and one yeeres next ensuing the Date of the said Letters Patents.
And Wee did further by Our said Letters, for Us, Our Heires and Successours, giue and grant vnto the said Francis Nichols, Iasper Leake and Philip Eden, and their Assignes, and to all and euery person and persons, which by them or any of them, by writing vnder their or any of their hands and Seales, should bee in that behalfe deputed and assigned, full power and authoritie during the terme aforesaide, aswell to bee present and to haue place in all manner of Custome-houses, Ports, Hauens, Creeks and places of lading or vnlading of any manner of Goods, Wares or Merchandizes, into or out of the said Realmes and Dominions: As also to be present with all and euery the Customers, Collecters, [Page] Searchers, Surueyers, Waiters, and other Officers and Ministers hauing charge for or concerning the lading or vnlading of any Goods, Wares or Merchandizes, for their better executing of all and euery thing and things thereby appointed, and for their better receiuing and enioying of the benefit of Our said Grant at all times and places, where the said Officers and Ministers or any of them, should by reason of their said seuerall Offices haue cause or occasion to be: And also in all and euery place or places, aswell in Ships arriued with Tobacco, and riding in any Port, Roade or Riuer, as on the Land, to make and appoint such and so many Watchmen, Waiters and Officers, and to prouide and vse such reasonable waies, orders and meanes, as they the said Francis Nichols, Iasper Leake and Philip Eden, and their Assignes and Deputies should and might be iust and truely informed of all parcels and quantities of Tobacco, as should at any time or times during the said Grant, be brought into any Port or place, or be planted or growing in any place or places of the said Realmes and Dominions or any of them.
And also that it should and might be lawfull, to and for the said Francis Nichols, Iasper Leake, and Philip Eden, and their Assignes, and their and euery of their Deputies and Substitutes, at all and euery time and times during the terme aforesaid, in lawfull and conuenient maner, with a Constable or other Officer of the place, aswell to goe on board, view, and suruay all Shippes, Uessels, or Bottmes, riding or lying within any of the Ports, Hauens, Creekes and places of lading or vnlading, within Our saide Realme of England, Dominion of Wales, Port or Towne of Barwicke, or Realme of Ireland, or any the members or places thereunto belonging, as to goe into any House▪ Celler, Uault, Warehouse, Shop, or other place within the said Realmes and Dominion, and Port, or Towne of Barwicke, or any part of them, or any of them to search and view if there be any Tobacco vttered, sold, or put to sale, or offered to be sold, or put to sale before the same be viewed, distinguished, and sealed contrary to the true meaning of the said Letters patents.
And We did also by the said Letters for Us, Our Heires and Successors, require, charge and Command all and singular Maiors, Shiriffes, Iustices of Peace, Bailiffes, Constables, Headboroughes, Customers, Comptrollers, Searchers, Surueyors, Waiters, and all other Officers, Ministers, and Subiects whatsoeuer, of Us, Our Heires and Successors, aswell of the said Realme of England, Dominion of Wales, and Port and Towne of Barwicke, as of the said Realme of Ireland, That they and euery of them, should from time to time during the continuance of that Our graunt, be aiding and assisting to the said Francis Nichols, Iasper Leake, and Philip Eden, and their Assignes, and to euery of them, their and euery of their Deputie and Deputies, Substitute and Substitutes, in the due Execution of all and euery the powers and authorities expressed in the said Letters Patents, vpon paine of the displeasure of Us, Our Heires and Successors, and as they would answere the contrary at their perils▪ as by the said Letters Patents more at large appeareth.
Wee now, to the intent Our will and pleasure in the premisses may be the better knowne to all Our louing Subiects whom it may concerne, Doe hereby notifie, publish and declare the same Our pleasure, willing and commanding that all and euery the premisses, be from time to time in euery respect duely performed, executed and obserued according to the true intent and meaning of the same Our Letters Patents. And that no person or persons doe attempt or presume to violate or infringe Our Command hereby; or by Our said Letters Patents declared or expressed, vpon the paines and penalties therein contained. And We doe also hereby Charge and Command, aswell all and singular Merchants, and other person and persons whatsoeuer, which shall import any Tobacco of what sort soeuer, That they cause the same to be duely entred in the Custome house belonging to the Port or place where it shall bee landed in the name or names onely of the true proprietor or owner, proprietors or owners thereof, and not in the name or names of any other person or persons which is not the true owner thereof; As also all Our Customers and other Officers whatsoeuer, That they take speciall care and regard to the due performance of the same, as they tender Our pleasure, and will auoide the contrary.
Giuen at Theobalds the tenth day of Nouember, in the seuenteenth yeere of Our Reigne of Great Brittaine, France, and Ireland.
God saue the King.