Part 13

Whereas We by an Order in Council[2] of the Two and twentieth day of March, One thousand six hundred sixty four, have dispenced for some time with certain Clauses in the late Acts of Parliament for Encouraging and Increasing of Shipping and Navigation, and for the Encouragement of Trade; and therein also Declared, That when We should think fit to determine that Dispensation, We would by Our Royal Proclamation give Six moneths notice thereof, to the end no Merchant, or other Person therein concerned should be surprised. In order whereunto, We taking the same into consideration, have thought fit (with the advice of Our Privy Council) to publish this Our Royal Proclamation; and do hereby Declare, That the said Order of the Two and twentieth of March, One thousand six hundred sixty four, and all and every the Dispensations, Clauses, Matters, and things therein contained, shall from and after the end of six moneths next ensuing the Date of this Proclamation, Cease, Determine, and be Void to all intents and purposes whatsoever; Whereof all Persons concerned are to take notice, and to conform themselves accordingly.

Given at Our Court at Whitehall the 23. day of August, 1667. In the Nineteenth year of Our Reign.

GOD SAVE THE KING.

In the Savoy, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty. 1667.

_1 p. folio. Copies in Antiq., Bodl., B. M., Camb., Ch., Crawf., Dalk., Guild., P. C., P. R. O., Q. C., and T. C. D. Entered on Patent Rolls._

FOOTNOTES:

[1] There is a series of documents in the Public Record Office regarding the publication of this proclamation in Barbadoes (see abstracts in _Cal. State Papers, Colonial, 1661-1668_, pp. 97, 103).

[2] Since this order does not appear among the printed _Acts of the Privy Council, 1613-1680_, it is here noted. On March 22, 1665, it was ordered that the "Act for encouraging and encreasing of Shipping and Navigation" should be suspended so far as concerned commerce with Norway and the Baltic Sea, also with Germany, Flanders, or France, provided the merchants and owners were English natural-born subjects. The order further allowed the merchants of any nation in amity with England to import hemp, pitch, tar, masts, saltpeter, and copper, paying only such duties as were imposed by the Act of Tonnage and Poundage. The clauses relating to America follow:

"And His Majesty doth further Order, That notwithstanding the said Act for Encouraging and encreasing of Shipping and Navigation, and one other Act made in the said Parliament begun at Westminster the eighth day of May in the thirteenth year of His Majesties Reign, intituled [An Act for the Encouragement of Trade] or either of them, or any Clause or Clauses in them, or either of them to the contrary, It shall and may be lawful for any English Merchants, and they are hereby authorised, freely and without interruption, to make use of, and employ any Foreign Ships or Vessels whatsoever, Navigated by Mariners or Seamen of any Nation in Amity with His Majesty, for importing or exporting of Goods and Commodities, to or from any Port in England or Wales, to or from any of His Majesties Plantations.

"Provided, That no Goods or Commodities whatsoever, be by them imported into any of His Majesties said Plantations, but what shall be without fraud, Laden and Shipped in England or Wales, and thence directly carried, and from no other place to His Majesties said Plantations.

"Provided also, That such Goods and Commodities as shall be by them laden or taken on Board at His Majesties said Plantations, or any of them, be brought directly from thence to some of His Majesties said Ports in England or Wales. And all Governours, and Officers of the Customs are hereby charged and required, strictly to observe all Rules, Directions and Orders for taking of Bonds or other Securities, and exacting all Forfeitures, and Penalties by the said Acts or either of them required or enjoyned: save only in the Two Clauses concerning English Ships or English Mariners herein before dispensed with.

"And lastly, His Majesty doth declare, That this shall continue and be in force during His Majesties pleasure: And when His Majesty shall think fit to determine the Dispensation hereby granted, He will by His Royal Proclamation give six moneths notice thereof, To the end no Merchant or other person herein concerned, may be surprized."

This order in Council was printed as a broadside by John Bill and Christopher Barker, and copies of it are in Antiq., B. M., Crawf., P. R. O., and Q. C.

1671, December 22.

[Concerning the Planters at St. Christophers.]

BY THE KING.

A PROCLAMATION

TOUCHING THE PLANTERS IN THE ISLAND OF SAINT CHRISTOPHERS.

CHARLES R.

Whereas it hath been Our care before and since the Restitution of that part of the Island of Saint Christophers,[1] which formerly belonged to Us and Our Subjects, to provide for the Plantation and Improvement thereof, by giving all manner of Encouragements to Our good Subjects to return thither, and to Re-establish the former Trade and Commerce: In order whereunto We lately sent thither Sir Charles Wheeler Baronet, with Our Commission to be Our Lieutenant-General, and General Governour of Our Leeward Islands in America; and for the better execution of so important a Charge, gave him such Directions and Instructions as were most suitable to these Our Royal Intentions, and might best tend to the advancement of the general Good and Welfare of all Our Subjects there, so that We might reasonably have expected before this time, some Account of the good success of these Our endeavours in the happy and peaceable Settlement of Our Subjects in their former Proprieties and Possessions; nevertheless, to the utter disappointment of Our just expectations, and the general Discouragement of such of Our Subjects who formerly Inhabited that Island, We are given to understand, That on or about the Twenty fourth of August last past, Sir Charles Wheeler hath caused a certain Proclamation to be published in that Island, thereby endeavouring to oblige the former Inhabitants and Proprietors to appear before a certain Court of Claims by him there Erected, and to return with a Stock sufficient for the quantity of Land they Claim, on peril of losing such part of their Estates they shall not be able to Stock, which shall be given to them who are better able; And moreover, to be Contributory to all Levies to be made for satisfaction of the French Demand, upon any Article of the Peace at Breda, or for satisfaction of any other disbursments concerning Fortifications, or any other Publick Expences; with a further menacing intimation to all such as shall be found to have Acted or Counselled in the late Rendition of the Island to the French, or have been guilty of any Cowardise or Folly in that War, That they are not to expect the like advantages with the rest of Our Subjects: And a Declaration, That upon every mans Estate a Quit-Rent shall be reserved, greater or lesser, according to the merit or demerit of the person Restored, with an allowance of no longer time to such of Our Subjects who were in the Barbadoes and Caribee Islands, for putting in their Claims, then One Moneth, and but Three Moneths to those who were in any part of Europe, Virginia, Jamaica, Carolina, Bermuda's, or New England, Then which nothing could have been done more contrary to the Commission and Instructions We had given him, nor more repugnant to Our Royal Intentions, and the just Interests and Advantages of the antient Planters and Proprietors: Wherefore, and for the better prevention of the ill consequences which might otherwise ensue upon that Proclamation so issued out by the said Sir Charles Wheeler, if the same should be allowed to have any force or effect, We have thought fit, by Advice of Our Council, to Publish this Our Royal Proclamation, and do hereby Declare Our Will and Pleasure, That the said Proclamation, and everything therein contained, is, and shall be null and void, to all intents and purposes whatsoever, as if the same had never been had nor made; And because the Return and Re-settlement of the antient Planters and Proprietors hath been many ways obstructed, not onely by the Severities of the said Illegal Proclamation, but by several accidents which for a long time did very much retard the Surrender of the said Island, We therefore out of the just sense We have of the great Sufferings of the said late Planters and Proprietors, do by these presents, for their ease, and in their favour, further Declare, That all and every the late Planters and Proprietors, their Heirs, Executors and Assigns, or their Agents respectively, shall be admitted to enjoy their several and respective Plantations, carrying with them such Stock onely as they are able, or can conveniently provide: Which Grace and Favour of Ours We would have to be understood with these Qualifications and Restrictions onely (That is to say) That such who have sold their Plantations to the French, or Claim under those who did Sell the same to the French, shall be obliged to re-imburse the Purchasers the Price or Money they or those under whom they Claim, did actually receive for their respective Possessions and Estates, within the space of one whole year, to be accounted from the Re-delivery of the English part of the said Island, which We are informed, was upon the 5/15 of July 1671. And all such who have not Sold to the French and their Heirs, Executors and Assigns, and their Agents respectively, shall be obliged to return unto the said Island before the Twenty fifth day of December, which shall be in the year of Our Lord, One thousand six hundred seventy two. And We do further Publish and Declare Our Royal Will and Pleasure, That no Taxes, Tallages, Aides, or other Impositions whatsoever, shall at any time hereafter be Assessed or Imposed, nor any Quit-Rents Reserved or Required, nor any Moneys Levied, nor any kind of Charge be laid upon, or raised out of any Lands or Tenements in the said Island, unless it be by vertue of some Publick Law made or to be made by the Assembly of the said Island, and with the consent of the Governour and Counsel there Assembled. And moreover, of Our further and more especial Clemency and Favour unto Our good Subjects in the said Island, We are Graciously pleased to Declare, That all and every the Inhabitants, Planters and Proprietors of the said Island, and all and every person and persons Claiming by, from, and under them, or any of them, and all other Our Subjects in the said Island, shall be, and are hereby Freed, Indempnified, and Discharged, as against Us, Our Heirs and Successors, of and from all Crimes, Offences, Miscarriages, and Misdemeanours whatsoever, which happened, and were committed in the said Island during the late War in the said Island, and of and from all Pains and Penalties incurred for or by reason of any matter or thing done, or omitted to be done during the said late War; And of and from all Prosecutions, Molestations, or Inquiries touching or concerning the same; All which matters and things shall be, and are hereby put into perpetual Oblivion, nor shall the same be ever mentioned to the prejudice of any of Our Subjects, either in their Persons, Estates, or Reputations. All which We Command to be Obeyed in all Our Dominions, and all Our Officers Civil and Military, to be Assisting in the Premises, as they will answer the contrary at their utmost perils.

Given at Our Court at Whitehall the Two and twentieth day of December 1671. in the Twenty third year of Our Reign, 1671.

GOD SAVE THE KING.

In the Savoy, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty, 1671.

_2 pp. folio. Copies in Antiq., Bodl., B. M., Crawf., Guild., P. C., P. R. O., Q. C., and T. C. D. Abstract printed in "London Gazette," Dec. 28, 1671._

FOOTNOTE:

[1] Although the Island of St. Christophers, occupied by both the French and the English, was given to England in 1667 according to the seventh article of the Treaty of Breda, the next few years were filled with constant controversies in the effort to compose the differences between the two nations (see the _Calendar of State Papers, Colonial, 1669-1674_, and the _Acts of the Privy Council_, vol. 2). The above proclamation was reported as advisable by the Council for Plantations on December 7, 1671 (_Cal. State Papers_, p. 285).

1674, March 11.

[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.

Whereas We by an Order in Council of the Tenth day of May One thousand six hundred seventy two,[1] have Dispensed for sometime with certain Clauses in the late Acts of Parliament for Encouraging and Increasing of Shipping and Navigation, and for the Encouragement of Trade; And therein also Declared, That when We should think fit to determine that Dispensation, We would by Our Royal Proclamation give Six Moneths notice thereof, to the end no Merchant, or other Person therein concerned should be Surprized. In order whereunto, We taking the same into Consideration, have thought fit (with the Advice of Our Privy Council) to Publish this Our Royal Proclamation; And do hereby Declare, That the said Order of the Tenth of May One thousand six hundred seventy two, and all and every the Dispensations, Clauses, Matters and Things therein contained, shall from and after the end of Six moneths next ensuing the Date of this Proclamation, cease, determine, and be void to all intents and purposes whatsoever: Whereof all Persons concerned are to take notice, and to conform themselves accordingly.

Given at our Court at Whitehall the Eleventh day of March 1673/4 in the Six and twentieth year of Our Reign.

GOD SAVE THE KING.

London, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty, 1673/4.

_1 p. folio. Copies in Antiq., Bodl., B. M., Camb., Crawf., Dalk., Guild., P. R. O., Q. C., and T. C. D. Entered on Patent Rolls._

FOOTNOTE:

[1] See _Acts of Privy Council, Colonial_, 1613-1680, p. 576.

1674, November 30.

[Prohibiting African Trade to Plantations.]

BY THE KING.

A PROCLAMATION

CHARLES R.

Whereas it is found by Experience, That Traffique with Infidels and Barbarous Nations not in Amity with Us, and who are not holden by any League or Treaty, cannot be carried on without the Establishment of Forts and Factories in places convenient, the maintenance whereof requires so great and constant Expence, that it cannot be otherwise defrayed, then by Managing the whole Trade by a Joynt Stock; We in Our Royal Wisdom taking the same into Our serious Consideration, and more especially having found by experience, That the whole Trade of the Coast of Guiny, Buiny and Angola, and other parts and places of Africa, so much importing our Service, and the Enriching of this Our Kingdom, was very much abated, and attempted to be Ingrossed by Foreigners, and in eminent danger to be utterly lost, and taken from Us, and Our loving Subjects, not onely by Foreign Force, but by the Violence and Inconstancy of the Heathen Natives: For the Recovery and Preservation whereof, We were Graciously pleased to encourage and invite Our loving Subjects to Raise a Joynt Stock to be used and imployed therein: And in consideration thereof, and for the better Securing of such as should come in and be concerned in the said Joynt Stock and Trade, We did by Our Letters Patents under Our Great Seal of England, bearing date the Seven and twentieth day of September, in the Four and twentieth year of Our Reign,[1] Grant unto several of Our loving Subjects, the whole entire and onely Trade into and from Africa, from the Port of Sally in South Barbary inclusive, to the Cape de Bona Esperanza inclusive, with all the Islands near adjoyning to those Coasts, and comprehended within the Limits aforesaid, and did Incorporate them by the name of The Royal African Company of England; And the said Company having raised a very great Stock sufficient to Manage the Trade thereof, have since, at their great Expence and Charge, Fortified and Setled divers Garisons, Forts and Factories, by which means they have so Secured the said Trade, that the same doth now begin to flourish, and if not disturbed, is likely to be further improved to the great benefit of this Our Kingdom; Nevertheless, We are Informed by the humble Petition of the said Company, That divers of Our Subjects in several of Our Plantations in America, who are not Members of the said Company, nor any ways concerned in their Stock, do endeavour to reap the Benefit and Fruit thereof; and to that end have already sent several Ships into those parts to Trade, and are providing more, the which if it should be permitted, and not strictly and presently prevented, will disable the said Company from supporting the great Charge of maintaining the said Forts, Garisons and Factories, and consequently, unavoidably occasion the loss of the whole Trade of those Countreys: Wherefore for remedy thereof We have thought fit, with Advice of Our Privy Council,[2] to Publish and Declare Our Royal Will and Pleasure to be, And We do hereby strictly Prohibit and Forbid all and every of Our Subjects whatsoever, Except the said Royal Company and their Successours, at any time or times hereafter, to send or Navigate any Ship or Ships, Vessel or Vessels, or Exercise any Trade from any of Our Plantations, Dominions, or Countreys in America, to any of the Parts or Coasts of Africa, from Sally to Cape de Bona Esperanza, or any of the Islands near thereunto, as aforesaid, or from thence to carry any Negro Servants, Gold, Elephants Teeth, or any other Goods or Merchandizes of the Product or Manufacture of the said Places, to any of Our American Dominions or Plantations, upon pain of Our high Displeasure, and the forfeiture and loss of the said Negros, Gold, Elephants Teeth, and all other Goods and Merchandizes, and the Ships or Vessels which shall bring or carry the same. And We do hereby also strictly Require and Command all Our Governours, Deputy-Governours, Admirals, Vice-Admirals, Generals, Judges of Our Courts of Admiralty, Commanders of Our Forts and Castles, Captains of Our Royal Ships, Justices of the Peace, Provost-Marshals, Marshals, Comptrollers, Collectors of Our Customs, Wayters, Searchers, and all other Our Officers and Ministers Civil and Military, by Sea or Land, in every of Our said American Dominions or Plantations, to take effectual care, That no person or persons whatsoever within their respective Limits or Jurisdictions (except the said Company and their Successours) do send or Navigate any Ships or Vessels, or Exercise any Trade from any of Our said Dominions or Plantations, to any part of the said Coast of Africa, within the Limits aforesaid, or from thence to Import any Negro Servants, Gold, Elephants Teeth, or other Goods of the Product of any of those Parts, into any of Our said Dominions or Plantations in America; And if any person or persons shall presume to act or do in any wise contrary to this Our Royal Proclamation, to the end Our Will and Pleasure herein may be the better observed, We do further Will, Require, and strictly Command all Our said Governours, Deputy-Governours, Admirals, Vice-Admirals, Generals, Judges of Our Court of Admiralty, Commanders of Our Forts and Castles, Captains of Our Royal Ships, Justices of the Peace, Provost-Marshals, Marshals, Comptrollers, Collectors of Our Customs, Wayters, Searchers, and all other Our Officers and Ministers Civil and Military, by Sea or Land, in every of Our said American Dominions and Plantations, That as often as need shall require, they be Aiding and Assisting to the said Royal African Company, their Successors, Factors, Deputies or Assigns, to Attach, Arrest, Take and Seize all such Ship or Ships, Vessel or Vessels, Negro Servants, Gold, Elephants Teeth, or Goods, Wares and Merchandizes, wheresoever they shall be found, for Our Use, according to Our Royal Charter Granted to the said Company, upon pain of Our high Displeasure, and as they will answer the contrary at their Perils.

Given at Our Court at Whitehall, the Thirtieth day of November, in the Six and twentieth year of Our Reign.

GOD SAVE THE KING.

London, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty. 1674.

_2 pp. folio. Copies in Antiq., Bodl., B. M., Crawf., Dalk., P. C., P. R. O., Q. C., and N. Y. Historical Society. Entered on Patent Rolls. Abstract printed in "London Gazette," Dec. 10, 1674._

FOOTNOTES:

[1] An abstract of this charter, dated September 27, 1672, is printed in the _Cal. State Papers, Colonial, 1669-1674_, p. 409.

[2] The action of the Privy Council, November 4, 1674, resulting from a petition of the Royal African Company that American interlopers be kept out of the African trade, is in the _Acts of the Privy Council_, i, 614. The proclamation was approved on November 25, and on December 2, letters were sent to the various colonial governors forwarding directions regarding it (_Idem_, pp. 615, 616).

1675, October 1.

[For Apprehending Don Philip Hellen.]

BY THE KING.

A PROCLAMATION

FOR THE DISCOVERY AND APPREHENSION OF CAPTAIN DON PHILIP HELLEN, ALIAS FITZ-GERALD.

CHARLES R.