Part 12

1660, September 22.

[For Apprehension of Whalley and Goffe.]

BY THE KING.

A PROCLAMATION

FOR APPREHENSION OF EDWARD WHALLEY AND WILLIAM GOFFE.

CHARLES R.

Forasmuch as Edward Whalley, commonly known by the name of Colonel Whalley, and William Goffe, commonly called Colonel Goffe, are, amongst others, by an Act of this present Parliament, Entituled, An Act of Free and General Pardon, Indempnity and Oblivion,[1] wholly excepted from Pardon, and left to be proceeded against as Traytors, for their execrable Treasons in sentencing to death, signing the Instrument for the horrid Murder, or being instrumental in taking away the precious Life of Our late dear Father of Blessed Memory.

And forasmuch as they the said Edward Whalley and William Goffe,[2] having absented and withdrawn themselves, as We have been informed, to the parts beyond the Seas, are now, as We certainly understand, lately returned into Our Kingdom of England, and do privately lurk and obscure themselves in places unknown; We therefore have thought fit, by, and with the Advice of Our Privy Council, to publish the same to all Our loving Subjects, not doubting of their Care and forwardness in their apprehension; And We do hereby Require and Command, as well all and singular Our Judges, Justices of the Peace, Mayors, Sheriffs, Bayliffs, Constables and Headboroughs, as also the Officers and Ministers of our Ports, and other Our Subjects whatsoever, within Our Realms of England, Scotland, Ireland, or Dominion of Wales, and all Our Dominions and Territories, to be diligent in Inquiring, Searching for, Seizing and Apprehending them, the said Edward Whalley, and William Goffe, in all places whatsoever, as wel within Liberties as without, whom if they shall happen to Take and Apprehend Our further Will and pleasure is, That they cause them and either of them so Apprehended, to be safely carried to the next Justice of the Peace, to the place where they or either of them shall be Arrested, whom We straitly Command to Commit them and either of them to Prison, and presently Inform Us or Our Privy Council of their or either of their Apprehensions.

And We do hereby further Declare and Publish, That if any Person or Persons after this Our Proclamation published, shall Directly or Indirectly Conceal, Harbor, Keep, Retain, or Maintain the said Edward Whalley and William Goffe, or either of them, or shall Contrive or Connive at any means whereby they or either of them shall or may Escape from being Taken or Arrested, or shall not use their best Endeavor for their and either of their Apprehensions, as well by giving the Advertisement thereof to Our Officers, as by all other good means; We will (as there is Just Cause) proceed against them that shall so neglect this Our Commandment with all severity.

And lastly We do hereby Declare, That whosoever shall discover the said Edward Whalley or William Goffe, either within Our Kingdoms of England, Scotland, Ireland, or Dominions of Wales, or in any other our Dominions and Territories, or elsewhere, and shall cause them, or either of them, to be Apprehended, and brought in alive or dead, if they or either of them, attempting Resistance, happen to be slain, shall have a Reward of One hundred pounds in money for each of them so brought in, dead or alive, as aforesaid, to be forthwith paid unto him in recompence of such his Service.

Given at Our Court at Whitehall the Two and twentieth day of September, in the Twelfth year of Our Reign.

London, Printed by Christopher Barker and John Bill, Printers to the Kings most Excellent Majesty. 1660.

_1 p. folio. Copies in Adv., Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Dubl., Guild., Hodg., P. R. O., Q. C., and T. C. D.; also in N. Y. Public Library. Entered on Patent Rolls. Abstract printed in "Parliamentary Intelligencer," Sept. 24, 1660, and in "Mercurius Publicus," Sept. 27. 1660._

FOOTNOTES:

[1] _Statutes of the Realm_, vol. 5, p. 226, 12 Chas. II, ch. 11.

[2] Several documents concerning the attempt to apprehend Whalley and Goffe are calendared in the _Cal. State Papers, Colonial, 1661-1668_. See also _Dictionary of National Biography_ under Edward Whalley and William Goffe, and "Memoranda respecting Edward Whalley and William Goffe," by F. B. Dexter, in _New Haven Colony Historical Society Papers_, ii, 117.

1661, March 29.

[Prohibiting Planting of Tobacco in England.]

BY THE KING.

A PROCLAMATION

PROHIBITING THE PLANTING, SETTING AND SOWING OF TOBACCO IN ENGLAND AND IRELAND, ACCORDING TO AN ACT OF PARLIAMENT HEREIN SPECIFIED.

CHARLES R.

Whereas by an Act of Parliament made in Our late Parliament begun and held at Westminster in the County of Middlesex, the Five and Twentieth day of April in the Twelfth year of Our Reign, for and upon the reasons and grounds therein expressed, it was Enacted by the Authority of the same Parliament, That no person or persons whatsoever should, or do from and after the First day of January, in the Year of our Lord One thousand six hundred and sixty, Set, plant, improve to grow, make or cure any Tobacco either in Seed, plant or otherwise, in or upon any ground, earth, field, or place within Our Kingdom of England, Dominion of Wales, Islands of Guernsey or Jersey or Town of Berwick upon Tweed, or in Our Kingdome of Ireland, under the penalty of the forfeiture of all such Tobacco, or the value thereof, or of the Sum of Forty shillings for every Rod or Pole of Ground so planted, set or sowen as aforesaid, and so proportionably for a greater or lesser quantity of ground, One moyety thereof to Us Our Heirs and Successors, and the other moyety to him or them that shall sue for the same to be recovered by Bill, Plaint or Information in any Court of Record, wherein no Essoign, protection or wager in Law shall be allowed: And it was thereby further enacted, That all Sheriffs, Justices of the peace, Mayors, Bailiffs, Constables, and every of them, upon information or complaint made unto them or any of them, by any the Officers of the Customes, or by any other person or persons whatsoever, that there was any Tobacco set, sown, planted, or growing within their jurisdictions or precincts contrary to the same Act should within ten dayes after such information or complaint cause to be burnt, plucked up, consumed, or utterly destroyed all such Tobacco so set, sowen, planted, or growing. And it was thereby further enacted, That in case any person or persons should resist or make forcible opposition against any person or persons in the due and through execution of the same Act, That every such person or persons for every such offence should forfeit the sum of Five pounds to be divided and recovered in manner aforesaid; And in case any person or persons should not pay the summs of money by them to be paid, by vertue of the same Act, that in every such case distress should be made and sale thereof, returning the overplus to the owners; And in case no distress shall be found, that then every such party should be committed to the common Gaol in the County where such offence should be committed, there to remain for the space of two moneths without Bail or Mainprise. Provided always, and it was thereby enacted, That the same Act nor any thing contained therein should extend to the hindering of the planting of Tobacco in any Physick-garden of either University, or in any other private garden for Physick or Chirurgery, only so as the quantity so planted exceed not one half of one pole in any one place or garden, as in et by the same Act it doth and may more fully appear.[1] Now to the end that all Our loving Subjects in all parts of Our said Kingdoms of England and Ireland, and Dominion of Wales, and in the said Islands of Guernsey and Jersey, and in our said Town of Berwick upon Twede, may the better take notice of and more duely observe the said Act, and not ignorantly offend against the same for the future, We have thought good to publish et declare the same to all Our loving Subjects by this Our Royal Proclamation, And do withall likewise signifie and declare, that for the future We shall expect, and do hereby require all dutiful observance thereof, and ready conformity thereunto, and that not onely upon the pains, penalties, and forfeitures therein expressed, but also of Our high indignation and displeasure, justly and deservedly to be inflicted upon all those that shall knowingly and presumptuously offend against so just and reasonable a Law. And we do hereby streightly charge and command all Our Judges of Assise and Commissioners of Oyer and Terminer in their several Circuits, and all Our Justices of Peace in their several and respective Quarter-Sessions, that they give the same Law in charge to the several et respective Juries in their several and respective Inquests before them, to the end that the offences and offenders against the same, both in the setting, planting, or sowing of Tobacco, contrary to the true intent and meaning of the same Act, and also all forcible opposition et resistance made or to be made against any person or persons in the due execution of the same Act, may be punished according to Law and the demerit of their offences in this behalf. And We do further command and require all Sheriffs, Justices of the peace, Mayors, Bayliffs, Constables, and all other Our Officers and ministers whatsoever whom the premisses shall or may concern, that they from time to time as occasion shall require, be diligent, circumspect, and careful in the due execution of the same Act in all things according to the true intent and meaning, thereof, as they will answer the contrary at their perils.

Given at Our Court at Whitehall, the Twenty ninth day of March, in the Thirteenth Year of Our Reign, One thousand six hundred sixty one.

GOD SAVE THE KING.

London, Printed by John Bill, Printer to the King's most Excellent Majesty, 1661. At the King's Printing-House in Black-Friers.

_2 pp. folio. Copies in Adv., Antiq., Bodl., B. M., Camb., Crawf., Dalk., Dubl., Guild., P. R. O., Q. C., and T. C. D. Abstract printed in "Kingdomes Intelligencer," April 8, 1661, and in "Mercurius Publicus," April 11, 1661._

FOOTNOTE:

[1] This act, entitled "An Act for Prohibiting the Planting Setting or Sowing of Tobaccho in England and Ireland," passed the House of Commons on December 17, 1660 (_Commons Journals_, viii, 212), the House of Lords on December 20 (_Lords Journals_, xi, 218), was read in Council on December 21 (_Acts of Privy Council_, i, 303), and is printed in _Statutes of the Realm_, 12 Chas. II, ch. 34, vol. 5, p. 297.

1661, May 9.

[Suppressing Vagrancy.]

BY THE KING.

A PROCLAMATION

FOR THE DUE OBSERVATION OF CERTAIN STATUTES MADE FOR THE SUPPRESSING OF ROGUES, VAGABONDS, BEGGERS, AND OTHER IDLE DISORDERLY PERSONS, AND FOR RELIEF OF THE POORE.

CHARLES R.

The Kings most Excellent Majesty being watchful for the publick good of his loving Subjects, and taking notice of the great and unusual resort of Rogues, Vagabonds, Beggers, and other idle Persons of all Ages and Sexes, from all parts of the Nation to the Cities of London and Westminster and the Suburbs of the same, where they make it their trade to beg and live idlely, and to get their living by Begging, Stealing, and other wicked and lewd practises, to the great offence of Almighty God, and to the dishonour of His Majesties Royal Government; And his Majesty taking it into His Princely consideration, that this Realm is furnished with excellent Laws and Orders for redress of such Enormities, yet through negligence of Officers, and presumption of the Offenders, the same nevertheless do rather grow then abate. His Majesty hath therefore thought fit at this present by advice of his Privy Councel, to cause some necessary Laws formerly made for the reforming the Abuses aforesaid, to be duely executed and observed. And for that end, whereas by the Laws of this Land all Vagabonds, Beggers, and idle persons are to be sent to the place of their Birth, or of their last abode, there to be relieved and kept if they be impotent, or otherwise made to labour: His Majestie doth by this Proclamation publish and declare His Royal Pleasure and Commands, that all such Vagabonds, Beggers and Idle persons within the Cities of London and Westminster and the Suburbs of the same, which by Law are not there to be provided for (to the wrong of the native poor, and a burden to the several Parishes where now they are) but that they forthwith at their Perils depart from the same and speedily resort to the place of their Birth or last abode, that they may be there provided for as they ought to be. And if any such Vagabonds, Beggers, or idle persons shall or may be found within the Cities of London and Westminster, or in any of the Suburbs or Precincts of the same, or in the Borough of Southwark, or in any Town near adjoyning, upon the four and twentieth day of this moneth of May, His Majesty streightly chargeth and commandeth, as well the Lord Mayor, Recorder, Aldermen and Sheriffs of the said City of London, and all other Officers of the said City, and all other His Majesties Justices of the Peace, Magistrates and Officers whatsoever within the City of Westminster, Borough of Southwark, or within the County of Middlesex, to cause all such persons to be apprehended, and openly whipped, and sent away (except such as are willing to go to the English Plantations) And that in all things they do speedily execute, and cause to be put in execution the Statute made in the Thirty ninth yeare of Queene Elizabeth Chap. the 4^{th} concerning the punishment of Rogues and Vagabonds: And to the end that all such persons may not only be setled and kept from wandring, but also made to labour and so kept from idleness, his Majesty doth streightly charge and command all and singular Sheriffs, Justices of the Peace, and other Officers and Ministers in the several Counties of this Realm, and all Mayors, Sheriffs, Bayliffs, Aldermen and other Magistrates, Officers and Ministers of all other Cities and Towns Corporate, that they and every of them within their several Limits and Jurisdictions respectively do carefully and diligently put in due and speedy Execution the same Statute of the Thirty ninth of Elizabeth, Chapter the Fourth, both for erecting houses of Correction, and for punishing such Vagabonds and idle persons; as also the Statutes of the I. Jacob. Chap. 7. made for the explanation of the said Statute made in the Seventh year of King James Chapter Fourth, for the ordering such houses of Correction. And to the end that not onely sturdy Rogues and Vagabonds may be duely kept from wandering and idleness, and held to labour, but that also poor and Fatherless Children and Widows, the Aged and Impotent may be also carefully provided for and relieved, and not permitted to wander and be in the Streets begging from door to door; It is His Majesties express Charge and Command to all Mayors, Sheriffs, Bayliffs, Justices of the Peace, Magistrates, Officers and Ministers in the several Counties of this Realm, and in all Cities and Towns Corporate, that they diligently and carefully put in execution that excellent Statute made in the Fourty third Year of Elizabeth, Chapter the second, concerning the Overseers of the Poor, and their duty for raising a Stock for maintenance of the Poor, and for binding forth Children Apprentices, which His Majesty commends in an especial manner to their Care: Their neglecting this so great a work, in not carefully providing for poor Fatherless Children and Infants for their teaching and instructing them, and for fitting them for Trades and Services, and in not binding them forth Apprentices; all which neglect is a great cause of poor childrens idleness, wandring, and wickedness in the whole course of their lives; And to the end that convenient Stocks may be raised in all Parishes, especially for the ends aforesaid, His Majesty requireth the several Overseers of the Poor to be diligent in raising such Stocks according to the Power given them, And also His Majesty requireth all Mayors, Bayliffs, Justices of the Peace, Magistrates and other Officers aforesaid, to be careful in putting in speedy and due Execution all the Statutes concerning Tipling and Drunkenness, and concerning unlawful or irregular Inns or Alehouses, and all other Statutes, the penalties whereof are disposed to the use of the Poor of the several Parishes; and to cause the said several penalties to be delivered to the Overseers of the Poor respectively for the increase of the said Stock, to buy materials to imploy the said Poor, and also to be careful in diligent calling to account the said Overseers, and to see the said sums so raised may be carefully imployed for the good education and instruction and binding out of such poor Infants and Fatherless Children, and providing for relief of the Poor aforesaid, which may in probability encourage some charitable and well disposed Persons voluntarily to contribute and add to such Stocks by their free and weekly contributions (which they dayly bestowed on idle begging Poor) or otherwise. His Majesty therefore expects all Mayors, Justices, Magistrates and other His Officers to whom the Execution of the Law aforesaid is particularly concerned, that they be very careful in the due and speedy execution of every one of them, as they will avoid His Majesties just indignation for their neglect of their duties in hindring this so great a National work, and for the Contempt of His Royal Commandments: His Majesty being resolved to have an account, both from the said Justices, and the several Judges of Assizes in their several Circuits, of the due observation hereof, until His Majesty shall take a further Course by the advice of His Parliament, which he determines to do, that no poor shall be permitted to be Vagrant or Begging, but all such as are Impotent and not able to work, may be provided for, so as to live comfortably, and yet be kept from profess'd idleness, and such as are able may have means provided to set them on work.

Given at Our Court at Whitehall, the Ninth day of May, One thousand six hundred sixty one, and in the Thirteenth year of His Majesties Reign.

GOD SAVE THE KING.

London, Printed by John Bill and Christopher Barker, Printers to the King's most Excellent Majesty, 1661. At the Kings Printing-House in Black-Friers.

_3 pp. folio. Copies in Adv., Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Dubl., Guild., P. R. O., Q. C., and T. C. D. Abstract printed in "Mercurius Publicus," May 16, 1661, and in "Kingdomes Intelligencer," May 20, 1661._

1661, December 14.

[Encouraging Settling in Jamaica.]

BY THE KING.

A PROCLAMATION

FOR THE ENCOURAGING OF PLANTERS IN HIS MAJESTIES ISLAND OF JAMAICA IN THE WEST-INDIES.

CHARLES R.

We being fully satisfied, that Our Island of Jamaica, being a pleasant and most fertile soyl, and scituate commodiously for Trade and Commerce, is likely, through Gods blessing, to be a great Benefit and Advantage to this and other Our Kingdoms and Dominions, have thought fit, for encouraging of Our Subjects, as well such as are already upon the said Island, as all others that shall transport themselves thither, and Reside and Plant there, to declare and publish, And We do hereby declare and publish, That Thirty Acres of Improveable Lands shall be granted and allotted to every such Person, Male, or Female, being Twelve years old or upwards, who now Resides, or within Two years next ensuing, shall Reside upon the said Island, and that the same shall be assigned and set out by the Governor and Council within Six weeks next after notice shall be given in Writing, subscribed by such Planter or Planters, or some of them, in behalf of the rest, to the Governor, or such Officer as he shall appoint in that behalf, signifying their resolutions to Plant there, and when they intend to be on the place. And in case they do not go thither within Six moneths then next ensuing, the said Allotment shall be void, and free to be assigned to any other Planter; And that every person and persons to whom such Assignment shall be made, shall hold and enjoy the said Lands, so to be assigned, and all Houses, Edifices, Buildings, and Inclosures, thereupon to be built or made, to them and their Heirs for ever, be and under such Tenure as is usual in other Plantations subject unto Us. Nevertheless they are to be obliged to serve in Arms upon any Insurrection, Mutiny, or Foreign Invasion; and that the said Assignments and Allotments shall be made and confirmed under the publick Seal of the said Island, with power to create any Mannor or Mannors, and with such convenient and suitable Priviledges and Immunities as the Grantee shall reasonably devise and require; And a draught of such Assignments shall be prepared by Our Learned Council in the Law, and delivered to the Governor to that purpose; And that all Fishings and Piscaries, and all Copper, Lead, Tin, Iron, Coals, and all other Mines (except Gold and Silver) within such respective Allotments, shall be enjoyed by the Grantees thereof, reserving only a Twentieth part of the Product of the said Mines to Our use. And we do further publish and declare, That all Children of any of Our Natural born Subjects of England to be born in Jamaica, shall from their respective Births be reputed to be, and shall be free Denizens of England, and shall have the same Priviledges to all Intents and Purposes as Our Free-born Subjects of England; And that all Free persons shall have liberty without Interruption, to transport themselves and their Families, and any their Goods (except only Coyn and Bullions) from any of Our Dominions and Territories to the said Island of Jamaica. And we do straitly charge and command all Planters, Soldiers, and others upon the said Island, to yield obedience to the lawful Commands of Our Right Trusty and Welbeloved Thomas Lord Windsor, now Our Governor of the said Island, and to every other Governor thereof for the time being, under pain of Our displeasure, and such penalties as may be inflicted thereupon.

Given at Our Court at Whitehal the Fourteenth day of December, 1661. In the Thirteenth year of Our Reign.[1]

GOD SAVE THE KING.

London, Printed by John Bill and Christopher Barker, Printers to the King's most Excellent Majesty. 1661.

_2 pp. folio. There are two issues, varying slightly in set-up. Copies in Adv., Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Dubl., Guild., Hodg., P. R. O., Q. C., T. C. D., and in N. Y. Historical Society. Entered on Patent Rolls. Printed in "Interesting Tracts relating to the Island of Jamaica," 1800, pp. 135, 136, and in preface to "Laws of Jamaica," 1792._

1667, August 23.

[Recalling Dispensations of Navigation Act.]

BY THE KING.

A PROCLAMATION

FOR RECALLING DISPENSATIONS, WITH SOME CLAUSES IN THE ACTS FOR ENCOURAGEMENT AND INCREASING OF SHIPPING AND NAVIGATION, AND OF TRADE.

CHARLES R.