Part 11

A PROCLAMATION TO GIVE ASSURANCE UNTO ALL HIS MAJESTIES SUBJECTS IN THE ISLANDS AND CONTINENT OF AMERICA, OF HIS MAJESTIES ROYALL CARE OVER THEM, AND TO PRESERVE THEM IN THEIR DUE OBEDIENCE.

Charles, by the grace of God, King of England, Scotland, France and Ireland, Defendor of the Faith, etc. Whereas We have seen a Paper, called an Ordinance of the pretended Houses of the Lords and Commons in Parliament, ordered to be Printed the second day of this instant November,[1] Whereby Robert Earle of Warwick is made Governor in chiefe, and Lord High Admirall of all those Islands and other Plantations inhabited, Planted, or belonging to any of Our Subjects within the Bounds, and upon the Coasts of America, and a Committee appoynted to be assisting unto him in the Government thereof: The intention of which Ordinance cannot reasonably be conceived to be other, then to spread the contagion of this horrid Rebellion, even unto those remoter parts, and that the continuers thereof (foreseeing how little prosperous their wicked Designes are likely to prove here in Our Realme of England) may provide for themselves a place of Retreat and Security in those Westerne Countries: The consequences whereof would be the disturbance of that quiet, which those Our Subjects in America doe yet injoy under Our Government, and instead of Peace, to introduce amongst them the like Oppressions, Bloodshed, Rapine, Disorders and Confusion in Church and State, as they have brought already into some parts of this Our Kingdome, and would have gone farther on, if the Goodnesse of Almighty God, giving strength to Our Forces, and successe to Our Enterprises, had not given a stop to their Malitious and Rebellious attempts. To prevent which inconveniences from those Westerne parts, out of Our Royall care of Our good Subjects there, We have thought good hereby to give timely notice unto them, not only that the said Ordinance was made without Our Royall assent, and therefore that it ought not to bind any of Our Subjects, but also that the said Earle of Warwick: hath been justly Proclaimed a Traitor by Us, and that he still persists in his Treason and Rebellion against Us; and therefore We doe require and Command all Our Subjects whatsoever, That they doe not give obedience to the said Ordinance, nor unto him the said Earle, as their Governor, or Admirall, nor to any other by pretence of any Authority from him, or from any of the said Committee, but that they shall endeavour the suppression of all such Rebellious Attempts, as they shall have means and Opportunity to doe it. And We doe farther declare, That as We have given unto all Our faithfull Subjects in generall all possible testimonies and assurances of Our care of their wellfare and happinesse, in preservation of the true Protestant Religion established by the Lawes, the Liberty of their Persons, the Propriety of their Goods, and the just Priviledges of Parliaments, which We have done by such Professions before Almighty God, and such Acts of Grace, as have exceeded all the Precedents of former times: So shall Our Subjects in the said Islands, and Continent of America in particular, find the constant fruits and effects of Our gratious Government and Protection, and of those assurances, in as full and ample measure as any other Our Subjects whatsoever. And therefore We doe strictly charge and Command all Governors and Magistrates, who exercise any authority under Us in the said Islands and Plantations, That they doe not only publish unto Our good People there, these Our gratious intentions towards them, but that they let them feel the benefit thereof, by due administration of Justice amongst them, and by seasonable Provisions of all things needfull for their defence and prosperity. And We doe in like manner require all Our said Subjects, that they persist in their due Allegiance and Obedience unto Us, whereto they are obliged by all Lawes Divine and Humane; and that they receive not any Governors nor Commanders, or obey any Ordinances contrary to, or without Our Royall consent, but that they pursue and apprehend them as Traytors to Our Royall Person and Dignity; and that as they tender their duty to God, the avoyding of Our High Displeasure, and the preservation of their own Peace and Happinesse. Given at Our Court at Oxford, the Twenty fourth day of November, in the Nineteenth yeare of Our Raigne. 1643.

GOD SAVE THE KING.[2]

_1 p. folio. Copy in Bodl._

FOOTNOTES:

[1] This ordinance, appointing the Earl of Warwick governor of the Plantations, is printed in the _Journal of the House of Lords_, vi, 291, and in Husband's _Collection of Orders, Ordinances and Declarations_, p. 378.

[2] The imprint in the only known copy of the original is missing, but it was undoubtedly "_Oxford: L. Lichfield: 1643_," as in proclamations immediately preceding and following this date.

1655, October 10.

[Encouraging Settling in Jamaica.]

BY THE PROTECTOR.

A PROCLAMATION

GIVING ENCOURAGEMENT TO SUCH AS SHALL TRANSPLANT THEMSELVES TO JAMAICA.

Whereas the Island of Jamaica in America, is by the Providence of God, in the hands and possession of this State,[1] the Enemy which was found upon it, being fled into the Mountains with an intention to escape into other places, save such of them as do daily render themselves to our Commander in chief there, to be disposed of by him; and We being satisfied of the Goodness, Fertility, and Commodiousness for Trade and Commerce of that Island, Have resolved, by the blessing of God, to use Our best endeavours to secure and plant the same. For which end and purpose, We have thought it necessary to publish, and make known unto the People of this Commonwealth, and especially to those of the English Islands, Plantations and Colonies in America, our Resolutions and Intentions on that behalf, as also to declare unto them the Encouragements which We have thought fit to give unto such as shall remove themselves, and their habitations into the aforesaid Island of Jamaica, within the time mentioned and expressed in these Presents. And first, concerning the securing thereof against the Enemy, We have already upon the Island, which landed there in May last, above six thousand Souldiers, and the beginning of July after, we sent from hence a Regiment of eight hundred more, drawn out of Our old Regiments in England, with eight Ships of War, besides Victualers, to be added to twelve others, that were left there by General Pen, under the command of Captain Will. Goodson, all which are appointed to remain in those Seas for the Defence of the said Island; and We shall from time to time take care to send thither other, both Land and Sea Forces, that We may have alwaies in those parts, such a strength as may be able, through the blessing of God, to defend and secure it against any Attempt of the Enemy; that whereas the Planters in other Places have been at Great and vast expences at their first sitting down, and in the very beginning of their Plantations for their necessary defence, as well against the Natives of the Countrey as other Enemies, those who shall remove thither, will be under the immediate Protection of this State, and so eased both of the danger and charge which other Plantations are subject to, and shall have, for their further encouragement, the terms and conditions following.

1. Those who shall transport themselves as aforesaid shall have land set forth unto them, according to the proportion of twenty Acres, besides Lakes and Rivers, for every Male of twelve years old and upwards, and ten Acres for every other Male or Female, in some convenient place of the said Island; and in case any whole Plantation, That is to say, the Governours and greatest part of the people shall remove themselves, they shall be preferred in respect of the place of their sitting down, that it may be near some good Harbour commodious for Commerce and Navigation.

2. That the said Proportion of Land shall be set forth unto them, within six Weeks after notice given by them under their hands, or the hands of some of them on the behalf of the rest, unto his Highness Commander in chief, or Commissioners there, appointed for that purpose of their resolutions to remove, and of the time they intend to be upon the place.

3. That they shall have Liberty for the space of seaven years to hunt, take and dispose of to their own use such Horses, and other cattle as are, or shall be upon the said Island, the same not being marked by, or belonging to other Planters, subject nevertheless to such Rules and Directions as to their hunting, and taking of Horses, Cattle, and other Beasts out of their own bounds and limits, as shall from time to time be made by the Persons authorized by his Highnesse, for mannaging the affairs of the said Island.

4. That they shall hold the said Land with all Houses, Edifices, Woods, Trees, Profits and Advantages thereupon, to them and their Heirs for ever, to be held in free, and common Soccage, without any Rent for the first seven years, and then one penny an Acre, and by no other rent, tenure, or service whatsoever.

5. That after the said Proportions of Land are set forth as aforesaid, His Highness, or his Successors, upon the desire of the Owners thereof, shall by Letters Pattents, under the Great Seal of England, or by such other sure ways as shall be devised by their Counsel learned in the Law, give, grant, and confirm unto him or them, their heirs and assigns the said Proportions of Land, together with all and singular the Privileges, Jurisdictions, Profits and advantages which are intended hereby to be enjoied by them, with power to erect and create any Mannour or Mannors, with tenures in free and common Soccage within such Plantation, or Plantations, as shall be capable thereof.

6. That they shall hold and enjoy all, and singular Mines of Copper, Iron, Tin, or other Minerals whatsoever (excepting Gold, and Silver Mines) and all Mines of Quarries, Coal, Stone, Allum, or other Mines, whatsoever (except as aforesaid) within the circuit, Meets or bounds of the said several and respective proportions of Land; and also all Fishings, and Piscaries whatsoever upon or within any of the Lakes, Streams or Rivers within their Meets, and bounds; and also full power, and authority to man, and send forth to Sea, and unto any the Coasts, and Shores, Roads, Harbours or Creeks within or near the said Island, any Ships, Boats or other Vessels to fish for, find out, or take any Pearls, precious Stones, or Jewels therein being, and to enjoy the same to his and their own use or uses, rendering and paying to the Governour of the said Island for the time being, or to such other person or persons, for the time being, as His Highnesse shall authorize to receive the same, to his Highness use, the full fifth part only, and no more of all such Pearls, precious Stones and Jewels as shall be got, found, and taken, as aforesaid; and also one tenth part of all such Mettal as shall be had, found, and gained in the Mines, granted hereby to the aforesaid Planters.

7. That no Custom, Excise, Impost, or other duty shall be set or imposed for the space of three years to be accounted from the 29. day of September, which shall be in the year of our Lord 1656. upon any of their Goods and Merchandizes of the growth, production or Manufacture of the said Island, which they shall transport into this Commonwealth: Nor shall they or their Servants, without their own consent, be drawn out into the Wars, unlesse it be in case of Invasion, or Rebellion, and for the defence of the Island.

8. That they shall have power to build Walls, and raise Bulwarks and Castles upon their own Land for the defence, and security of their own plantations, and also to arme themselves, and servants, and to lead, and conduct them against any Enemies, or Rebels within the said Island; Subject nevertheless to such Orders, and directions as they shall on this behalf receive from the Governour or Commander in chief of the said Island for the time being.

9. That all and every person and persons, that shall hereafter happen to be born within the said Island, shall be, and shall be deemed, and accounted to be free Denizons of England, and shall have and enjoy all and every such benefits, privileges, advantages and immunities whatsoever, as any of the Natives or People of England born in England now have and enjoy in England.

That all such professing the Protestant Religion, who shall transport themselves into the aforesaid Island within two years to be accounted from the said 29. day of September 1656. and shall make a beginning therein by transporting to the said Island one third part of their number before the 29. day of September next, shall have, and enjoy the aforesaid Privileges, and Advantages. And for the more certain carrying on of this businesse, and answering Our intentions herein, We do hereby authorize and require Our Commander in chief of the said Island, for the time being, and also the aforesaid Commissioners that they take notice of the Premisses, and cause a due and effectual execution of the same from time to time as there shall be occasion, according to the purport, et true meaning hereof, for which these presents shall be their sufficient warrant. Given at White-Hall the 10. of October 1655.

London Printed by Henry Hills and John Field, Printers to His Highness, MDCLV.

_2 pp. folio. Copy in Guild. Manuscript draft in P. R. O., State Papers, Dom. Interreg. 76A, pp. 152-154. Printed in Thurloe's "State Papers," iii, 753, and in "Interesting Tracts relating to the Island of Jamaica," 1800, p. 1._

FOOTNOTE:

[1] The English forces, soon after the declaration of war against Spain, sailed for the conquest of the Spanish West Indies. After an unsuccessful attack on Hispaniola, they landed at Jamaica and on May 10, 1655, took possession of the island. It now became the cherished plan of Cromwell to settle Jamaica, especially with the colonists of the other plantations in America. Numerous entries regarding Jamaican affairs are to be found in the records of the Council of State during this period. In the Interregnum Entry Book, p. 328, there is an order of October 10, 1655, approving the draft of this particular proclamation (_Cal. State Papers, Colonial, 1574-1660_, p. 431).

1658, March 9.

[Limiting Greenland Trade to Muscovy Company.]

BY THE PROTECTOR.

A PROCLAMATION

DECLARING THE RIGHT OF THE FELLOWSHIP AND COMPANY OF ENGLISH MERCHANTS FOR DISCOVERY OF NEW TRADES (COMMONLY CALLED THE MUSCOVIA COMPANY) TO THE SOLE FISHING FOR WHALES UPON THE COASTS OF GREEN-LAND AND CHERY-ISLAND, AND FOR RESTRAINING AND PROHIBITING OF ALL OTHERS.

Whereas the Discovery of the Island called Chery-Island, and the Continent of Green-land, with the fishing for Whales upon the Seas and Coasts thereof, and of the Islands and places thereto adjacent, (having been made by the Fellowship of English Merchants, for Discovery of New Trades commonly called the Muscovia Company, and at their own great charges and hazards) hath by experience been found to be, and is a very great honour and advantage to this Nation and Commonwealth, aswel in the inlargement of the Dominions and Territories thereof, as also in the advancement and increase of Navigation, and the entring upon and gaining of the Trade of Whale-fishing, whereby great quantities of Whale-Oyl, Whale-Fins and other Commodities are yearly hither imported, to the enriching of this Nation, without the Exportation of any Commodities from hence: And whereas upon consideration of the Premises, and for recompence of the said charge and hazards in the said Discovery, and for the encouragement of the said Company and others in time to come, several Grants and Letters Patents under the Great Seal of England, have been heretofore made and granted to the said Fellowship, and particularly in the Raign of the late King Philip and Queen Mary, by which all main Lands, Isles, Havens, Ports, Creeks and Rivers, by the said Company then discovered or to be after discovered, were forbidden to be traffiqued unto, or visited by any the People of this Nation, without the License of the said Company; which Letters Patents were afterwards confirmed by Act of Parliament in the Eighth year of the Raign of the late Queen Elizabeth, under the penalty of forfeiting the Ships and Goods of any Trading thither without License, and with addition of divers others Priviledges and Liberties unto the said Fellowship and Company. And the late King James, for the further encouragement of the said Company, and preventing others to interrupt, distract or disturb their said Trade-fishing and Discoveries, did, in pursuance of the said Act of Parliament, and the true intent and meaning of the same, by his Letters Patents grant unto the said Fellowship, the sole Trading and Fishing in those Seas and places so discovered by them, And all others were forbidden to fish in those Seas and Coasts, or to sail thither for Trade without License of the said Company. Notwithstanding which, the said Company as We are given to understand, have of late received some disturbance by the interloping and intruding of some persons into the said Whale-fishing, upon those Seas and Coasts of Green-land and Chery-Island, whereupon the said Company having addressed their humble Petition unto Us, And the matter having been by Us referred to the consideration of our Privy Council, and fully heard and debated before a Committee of Our said Council, as well on behalf of the said particular Traders, as also on behalf of the said Fellowship and Company. And the Act of Parliament and the Grants and Charters made to the said Fellowship and Company shewed forth and read, and the whole matter having been fully considered, and thereupon made evident, that such particular fishing for Whales upon those Seas, Harbours and Coasts, by persons separate from the said Company, and trading therein by themselves apart, with like power and strength, did not onely disturb the main Trade of Fishing and taking of Whales by the Company, but did tend to the ruine and destruction of that Fishing, and unless prevented, might occasion Forraigners to come in and gain away that fishing and Trading from this Nation, which might tend to the great damage and dishonour of Us and this Nation, besides the particular damage of the said Company. And whereas the whole state of the matter having been again represented to Our said Privy Council and by them also fully considered, it was by them conceived to be for the good of this Nation, to encourage the carrying on of the said Whale-fishing and Trade, by the said Fellowship and Company onely, and to forbid all others, except such as the said Company should License, to intrude or meddle therein. And the said Company having further declared, that they appropriating those parts of the said Seas called Bell Sound, and Horn Sound, with such other places as they shall fish in, to themselves onely, were well contented, and do promise to grant Licenses gratis to all and every person of this Nation and Commonwealth, that shall or will but ask or desire to fish for Whales, or Trade in any other of the said Seas, or Coasts of Green-land, or Chery-Island, where they themselves fish not. We therefore taking the Premises into Our consideration (with the advice of Our said Privie Council) Do hereby publish and Declare, That the whole and sole Trade and fishing for Whales, and absolute fishing in and upon the said Seas, Coasts and parts of Green-land,[1] and Chery-Island, and in and upon the said Bell Sound, and Horn Sound, being part of the said Seas and Coasts, doth and ought to belong unto the said Fellowship of English Merchants for discovery of New Trades, commonly called the Muscovia Company, and that no other Person or Persons of this Commonwealth (other then the said Fellowship of English Merchants for discovery of New Trades, called the Muscovia Company) shall fish for Whales in and upon the said Seas, Coasts of Green-land and Chery-Island, or in and upon the said Bell Sound and Horn Sound, being part of the said Seas and Coasts. Yet so, as nevertheless the said Company, upon their own offer and agreement aforesaid, be and shall be, and are hereby obliged to grant License and Licenses, to all and singular the People and Subjects of this Commonwealth, upon request in that behalf to be made (without delay or paying anything for the same) to fish for Whales, or trade or fish in all or any other parts or places, of the said Seas or Coasts of Greenland and Chery-Island, Except the Harbours and places of Bell Sound and Horn Sound aforesaid, or where the said Company shall set out Ships to fish, And We do hereby command, That all persons whatsoever (other then the said Fellowship and Company) do forbear to enter into the said Bell Sound or Horn Sound, or to fish or trade within Three Leagues of either of them, but clearly and absolutely leave the said Bell Sound and Horn Sound, and all the sole and whole fishing and trading thereof, unto the said Fellowship and Company, and their Ships and Agents, and such as shall be set forth, hired or imployed by them, without making any disturbance or interruption, or giving the said Company or their Ships or Vessels, any impediment or hinderance therein, under pain of Our high displeasure, and such other pains and penalties as by the Laws of this Land may be inflicted upon them for their disobedience and contempt therein, Leaving all other the People and Subjects of this Commonwealth free notwithstanding, to take Licenses from the said Company to trade or fish for Whales or otherwise, in and upon all other of the said Seas, Coasts and places, Except the said Bell Sound and Horn Sound, and such other places of Green-land, as the said Fellowship or their Agents shall fish in, as aforesaid. And We do hereby further will and command, aswel Our Generals at Sea, Admirals of Our Fleet, Vice-Admirals, Commanders of Squadrons, and other Commanders, Captains and Officers whatsoever, of any Our Ships, as also Our Judges of the High Court of Admiralty of England, and all other Our Officers and Ministers, in their several places to be aiding and assisting, unto the said Fellowship and Company, and all such as they shall set out and imploy in their said sole Trade and fishing, and in hindring all others hereby forbidden to use the said Trade and fishing, otherwise then as is before mentioned. And likewise to be aiding and assisting unto the said Fellowship and Company and their said Agents, in doing and executing of all and singular the premises. And lastly, We do hereby charge and Command the said Fellowship and Company, That in all Ships and Vessels which shall from time to time be sent out by them, or imployed under them, into or in the Seas and parts aforesaid, they do imploy for Harpineers, Steersmen and Mariners, the People and Subjects of this Commonwealth, and no other.

Given at Our Palace of Westminster the 9th day of March, in the year of Our Lord, 1657.

London, Printed by Henry Hills and John Field, Printers to His Highness, 1657.

_3 pp. folio, pasted together to form one long sheet. Copy in B. M._

FOOTNOTE:

[1] This name refers to Spitzbergen, which was then called Greenland, and which was thought by the voyagers of the day to be connected with Greenland proper. The early maps show Spitzbergen, which they term "Greenland or Spitzbergen," with Bell and Horn Sounds on the west coast and Cherie Island, named after Sir Francis Cherie, a few miles to the south. The country was also sometimes called East Greenland, while the modern Greenland was termed "Groenland." See especially the map of 1613 in _Amer. Antiquarian Society Transactions_, iv, 314; the map in Edward Pelham's _God's Power and Providence_, 1631, reproduced in _A Collection of Documents on Spitzbergen and Greenland_ (Hakluyt Society), 1855; and map no. xiv in H. Moll's _World Described, 1708-20_.