Part 16

Whereas Our Dearest Brother King Charles the Second of blessed Memory, did by His Letters Patents under the Great Seal of England, bearing Date the Second day of May, in the Two and twentieth Year of His Reign,[1] Incorporate a Governour and Company for carrying on a Trade in the North-west parts of America within the Streights and Bay, commonly called Hudson's Streights; and did Grant unto them and their Successors, the Sole Trade and Commerce of all those Seas, Streights, Bayes, Rivers, Lakes, Creeks, and Sounds in whatsoever Latitude they should be, lying within the Entrance of the Streights commonly called Hudson's Streights, together with all the Lands, Countreys, and Territories upon the Coasts and Confines of the Seas, Bayes, Lakes, Rivers, Creeks and Sounds aforesaid, which were not then Possessed by, or Granted to any of the Subjects of Our said Royal Brother, or Possessed by the Subjects of any other Christian Prince or State, Thereby Creating and Constituting the said Governour and Company for the time being, and their Successors, the true and absolute Lords and Proprietors of the same Territories, Limits and Places aforesaid, and of all other the Premisses, with express Prohibition to all other the Subjects of Our said Royal Brother to Trade to the Parts aforesaid. And whereas We are satisfied that the said Company hath for many years with great Industry, and at a very great Charge and Expense, Settled divers Factories, Erected several Fortifications, and maintained the Trade in the Parts aforesaid, to the great Honour and Profit of this Our Kingdom, until of late several ill-disposed Persons not being Members of the said Company, nor Licensed by them, preferring their private profit before the publick good, have contrary to the said Royal Grant, in a clandestine and disorderly manner, Traded into those parts, to the apparent prejudice, if not destruction, of the Trade aforesaid, and in manifest Contempt of Our Prerogative Royal; and the better to colour their evil practices, do frame Designs to Hire, or do Hire themselves out in the Service of, or in conjunction with Foreigners to Sail to the Parts aforesaid, to undermine and destroy the said Companies Trade.[2] We, taking the Premisses into Our Princely Consideration, do not only give Leave and Direct, That the Persons who have so contemptuously violated the said Companies Charter, be Prosecuted in Our Name at Law, in order to their condign Punishment according to their demerits; But for prevention of the like evil practices for the future, We have thought fit, with the Advice of Our Privy Council, to Publish and Declare Our Royal Will and Pleasure to be, and We do hereby strictly Prohibit and Forbid that none of Our Subjects whatsoever, except the said Governour and Company and their Successors, and such as shall be duly Licensed by them at any time or times hereafter do presume to send or Navigate any Ship or Ships, Vessel or Vessels, or exercise any Trade whatsoever directly or indirectly on their own accounts, or in the Service of, or in conjunction with any Foreigner or Foreigners whatsoever, to, in or from the said Streights and Bay, called Hudson's Streights, or to, in or from any Bayes, Rivers, Creeks or Places whatsoever, by what names or denominations soever they or any of them have been heretofore, or shall hereafter be called or distinguished, that now are or lie within the Entrance of Hudson's Streights aforesaid, in what Latitude or Longitude soever the same or any of them do, doth or shall lie, remain or be within the Liberties, Territories, or Priviledges of the said Company, upon pain of Our high Displeasure, and the forfeiture and loss of the Goods, Merchandizes, Ships and Vessels which shall be taken or found Trading in any the Place or Places aforesaid, or within the Limits aforesaid. And We do hereby strictly Charge and Command all and every Our Subjects of what degree or quality soever, now Trading or Traffiquing, or designing to Trade or Traffique to or from the Parts aforesaid, or any of them, contrary to the true meaning of the said Companies Charter, That they forthwith do cease and forbear such their Trade and Traffique, and withdraw themselves from the parts aforesaid. And We do further hereby streightly Require and Command all and singular Our Governours, Lieutenant-Governours, Admirals, Vice-Admirals, Generals, Judges of all 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 all and every of Our Dominions or Plantations, and all other Our Subjects whatsoever and wheresoever, to take effectual care that no person or persons whatsoever (except the said Company and their Successors, and such as shall be duly Licensed) do send or Navigate any Ships or Vessels, or exercise any Trade directly or indirectly from any of Our Kingdoms, Dominions or Plantations whatsoever, contrary to the said Charter granted to the said Company as aforesaid, to any the Places or Limits aforesaid, or from thence to any of Our said Kingdoms, Dominions, Plantations, or other Places; And if any person or persons shall presume to act or do in any wise contrary to this Our Royal Proclamation, We do Will, Require and streightly Command all and singular Our said Governours, Lieutenant-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, Sheriffs, 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 Dominions and Plantations, and all other Our Officers, Ministers and Subjects whatsoever and wheresoever, that as often as need shall require, they and every of them respectively be Aiding and Assisting to the said Company, their Factors, Deputies, or Assigns, to Attach, Arrest, Take and Seize all such Ship or Ships, Vessel or Vessels, Goods, Wares and Merchandizes of such Person or Persons as shall be Used, Employed, or Traded in contrary to the Charter Granted to the said Company, wheresoever they shall be found, for Our Use, upon pain of Our high Displeasure, and as they will answer the contrary at their Perils.

Given at Our Court at Whitehall the One and thirtieth day of March 1688. In the Fourth Year of Our Reign.

GOD SAVE THE KING.

London, Printed by Charles Bill, Henry Hills, and Thomas Newcomb, Printers to the Kings most Excellent Majesty, 1688.

_1 p. folio. Copies in Bodl., B. M., Crawf., Guild., P. C., Q. C., and T. C. D.; also in John Carter Brown Library. Entered on Patent Rolls; entered in Privy Council Register, II James, vol. 2, p. 641. Printed in "London Gazette," April 9, 1688._

FOOTNOTES:

[1] The charter of May 2, 1670 is printed in Dobbs', _Account of the Countries adjoining to Hudson's Bay_, p. 171, and elsewhere. For the literature regarding the founding of this Company, see Winsor's _Narrative and Critical History_, viii, 65.

[2] The Hudson Bay Company had petitioned for relief from interruptions to their trade as early as July 13, 1682 (_Acts of Privy Council_, ii, 37). The Council order approving the above Proclamation was made March 30, 1688 (_Idem_, p. 108).

1689, February 19.

[Continuing Officers in the Colonies.]

BY THE KING AND QUEEN.

A PROCLAMATION

WILLIAM R.

Forasmuch as it hath pleased God to call Us to the Throne, And that thereby it is incumbent upon Us to prevent any Inconvenience to Our Subjects that may arise by not executing the Laws necessary or conducing to the Peace and good Government of Our People, Wee therefore do hereby Declare Our Royall Pleasure That all Persons being Protestants, who at the time of the Receipt of these presents shalbe duly and lawfully possessed of, or invested in any office or Place of Authority or Governm^t either Civill or Military within Our Island of [blank left in text] in America, And namely all Governors, Lieutenants, or Deputy Governors, Councellors, Justices, Provost Marshalls, Sherifs, Justices of the Peace, and all others in Place of Governm^t either meaner or superior as aforesaid. And all other Officers and Ministers whose Interests and Estates in their offices are determined, shall be, and shall hold themselves continued in the said Places and offices under the same condition as formerly they held and enjoyed the same,[1] untill Our Pleasure be further known, or that other Provision be made pursuant to his late Ma^{ys} Commission and Instructions to [blank left in text] aforesaid, Which Wee do hereby Declare to be in full force untill further Order from Us. And that in the mean while for the Preservation of the State, all the said Persons of whatsoever Degree or Condition do not fail every one severally according to his Place Office or Charge, to proceed in the performance of all Dutys thereunto belonging as formerly apperteyned unto them. And further Wee do hereby will and command all and singular Our Subjects of what Estate, Dignity and Degree they or any of them be, to be aiding, helping and assisting, and at the Commandment of the said Officers and Ministers in the Performance and Execution of the said Offices and Places, as they and every of them tender Our Displeasure, and will answer the contrary at their Perills.

Provided alwaies, that nothing herein shalbe Construed or taken to Extend to give or continue any Authority, Priviledge, Jurisdiction or Command to any Papist or Papists with the said [blank left in text].

Given at Our Court at Whitehall this 19^{th} day of February 1688. in the first year of Our Reigne.

GOD SAVE KING WILLIAM AND QUEEN MARY.

_No printed copy found. Entered in Privy Council Register, III William, vol. 1, p. 13._

FOOTNOTE:

[1] The Prince of Orange issued a circular to the Governors of the Colonies, ordering all officers to be continued, on January 12, 1689, but it was not until February 19, that the proclamation was approved (_Cal. State Papers, Colonial, 1689-1692_, pp. 4, 7; _Acts of Privy Council_, ii, 122).

1689, May 7.

[Declaration of War against France.]

THEIR MAJESTIES

DECLARATION

AGAINST THE FRENCH KING.

WILLIAM R.

It having pleased Almighty God to make Us the happy Instruments of Rescuing these Nations from Great and Imminent Dangers, and to place Us upon the Throne of these Kingdoms, We think Our Selves obliged to endeavour to the uttermost to Promote the Welfare of Our People, which can never be effectually secured, but by preventing the Miseries that threaten them from Abroad.

When we consider the many unjust Methods the French King hath of late Years taken to gratifie his Ambition, that he has not only Invaded the Territories of the Emperor, and of the Empire now in Amity with Us, laying Waste whole Countries, and destroying the Inhabitants by his Armies, but Declared War against Our Allies without any Provocation, in manifest Violation of the Treaties Confirmed by the Guaranty of the Crown of England; We can do no less then Joyn with Our Allies in opposing the Designs of the French King, as the Disturber of the Peace, and the Common Enemy of the Christian World.

And besides the Obligations We lie under by Treaties with Our Allies, which are a sufficient Justification of Us for taking up Arms at this time, since they have called upon Us so to do, the many Injuries done to Us and to Our Subjects, without any Reparation, by the French King, are such, that (however of late Years they were not taken Notice of, for Reasons well known to the World, nevertheless) We will not pass them over without a Publick and Just Resentment of such Outrages.

It is not long since the French took Licences from the English Governor of New-found-Land, to Fish in the Seas upon that Coast, and paid a Tribute for such Licences, as an Acknowledgment of the sole Right of the Crown of England to that Island; and yet of late, the Encroachments of the French upon Our said Island, and Our Subjects Trade and Fishery, have been more like the Invasions of an Enemy, then becoming Friends, who enjoy'd the Advantages of that Trade only by Permission.

But that the French King should Invade Our Charibbee Islands, and possess himself of Our Territories of the Province of New-York and of Hudson's-Bay in a Hostile manner, seizing Our Forts, burning Our Subjects Houses, and enriching his People with the Spoil of their Goods and Merchandizes, detaining some of Our Subjects under the Hardship of Imprisonment, causing others to be inhumanely kill'd, and driving the rest to Sea in a Small Vessel, without Food and Necessaries to support them, are Actions not becoming even an Enemy; and yet he was so far from declaring himself so, that at that very time he was Negotiating here in England by his Ministers, a Treaty of Neutrality and good Correspondence in America.

The Proceedings of the French King against Our Subjects in Europe are so Notorious, that We shall not need to enlarge upon them; His countenancing the Seizure of English Ships by French Privateers, forbidding the Importation of great part of the Product and Manufactures of Our Kingdom, and imposing exorbitant Customs upon the rest, notwithstanding the vast Advantage he and the French Nation reap by their Commerce with England, are sufficient Evidences of his Designs to destroy the Trade, and consequently to ruine the Navigation, upon which the Wealth and Safety of this Nation very much depends.

The Right of the Flag, Inherent in the Crown of England, has been Disputed by his Orders in Violation of Our Sovereignty of the Narrow Seas, which in all Ages has been Asserted by Our Predecessors, and We are resolv'd to Maintain for the Honour of Our Crown, and of the English Nation.

But that which must nearly touch Us, is his unchristian Prosecution of many of Our English Protestant Subjects in France, for matters of Religion, contrary to the Law of Nations, and express Treaties, forcing them to abjure their Religion by strange and unusual Cruelties, and Imprisoning some of the Masters and Seamen of Our Merchant Ships, and Condemning others to the Gallies, upon pretence of having on Board, either some of his own miserable Protestant Subjects, or their Effects; And Lastly, as he has for some years last past, endeavoured by Insinuations and Promises of Assistance to overthrow the Government of England; So now by open and violent Methods, and the actual Invasion of Our Kingdom of Ireland, in support of Our Subjects in Arms, and in Rebellion against Us, he is promoting the utter Extirpation of Our good and Loyal Subjects in that Our Kingdom.

Being therefore thus necessitated to take up Arms, and Relying on the help of Almighty God in Our just undertaking, We have thought fit to Declare, and do hereby Declare War against the French King, and that We will in Conjunction with Our Allies, Vigorously Prosecute the same by Sea and Land (since he hath so unrighteously begun it) being assured of the hearty Concurrence and Assistance of Our Subjects in support of so good a Cause; Hereby Willing and Requiring Our General of Our Forces, Our Commissioners for Executing the Office of High Admiral, Our Lieutenants of Our several Counties, Governours of Our Forts and Garisons, and all other Officers and Soldiers under them, by Sea and Land, to do, and execute all acts of Hostility in the Prosecution of this War against the French King, his Vassals and Subjects, and to oppose their Attempts, Willing and Requiring all Our Subjects to take Notice of the same, whom We henceforth strictly forbid to hold any Correspondence or Communication with the said French King, or his Subjects; And because there are remaining in Our Kingdoms many of the Subjects of the French King; We do Declare and give Our Royal Word, that all such of the French Nation as shall demean themselves dutifully towards Us, and not Correspond with Our Enemies, shall be safe in their Persons and Estates, and free from all molestation and trouble of any Kind.

Given at Our Court at Hampton-Court, the Seventh Day of May, 1689. In the First Year of Our Reign.

GOD SAVE KING WILLIAM AND QUEEN MARY.

London, Printed by Charles Bill, and Thomas Newcomb, Printers to the King and Queen's most Excellent Majesties, 1689.

_1 p. folio. There are three issues, varying slightly in set-up. Copies in Antiq., Bodl., B. M., Ch., Crawf., Dalk., Guild., P. C., P. R. O., and Q. C.; also in John Carter Brown Library. Printed in "London Gazette," no. 2452._

1690, July 14.

[For Apprehending William Penn.]

BY THE KING AND QUEEN.

A PROCLAMATION.

MARIE R.

Whereas Their Majesties have received Information That the Persons herein after particularly Named have Conspired together, and with divers other disaffected Persons, to Disturb and destroy Their Government, and for that purpose have Abetted and Adhered to Their Majesties Enemies in the present Invasion, for which cause several Warrants for High Treason have lately been Issued out against them, but they have withdrawn themselves from their usual places of Abode, and are fled from Justice; Their Majesties therefore have thought fit by the Advice of Their Privy Council, to Issue this Their Royal Proclamation: And Their Majesties do hereby Command and Require all Their Loving Subjects to Discover, Take and Apprehend Edward Henry Earl of Litchfeild, Thomas Earl of Aylesbury, William Lord Montgomery, Roger Earl of Castlemaine, Richard Viscount Preston, Henry Lord Belasyse, Sir Edward Hales, Sir Robert Thorold, Sir Robert Hamilton, Sir Theophilus Oglethorp, Colonel Edward Sackvile, Lieutenant Colonel Duncan Abercromy, Lieutenant Colonel William Richardson, Major Thomas Soaper, Captain David Lloyd, William Pen[1] Esq; Edmund Elliot Esq; Marmaduke Langdale Esq; and Edward Rutter wherever they may be found, and to carry them before the next Justice of the Peace, or Chief Magistrate; who is hereby Required to Commit them to the next Goal, there to remain until they be thence delivered by due Course of Law: And Their Majesties do hereby Require the said Justice or other Magistrate immediately to give Notice thereof to Them or Their Privy Council: And Their Majesties do hereby Publish and Declare to all Persons that shall Conceal the Persons above named, or any of them, or be Aiding or Assisting in the Concealing of them, or furthering their Escape, that they shall be proceeded against for such their Offence with the utmost Severity according to Law.

Given at Our Court at Whitehall the Fourteenth Day of July, 1690.[2] In the Second Year of Our Reign.

GOD SAVE KING WILLIAM AND QUEEN MARY.

London, Printed by Charles Bill and Thomas Newcomb, Printers to the King and Queens most Excellent Majesties. 1690.

_1 p. folio. There are two issues, varying slightly in set-up and in the cut of the royal arms. Copies in Antiq., B. M., Crawf., Dalk., D. H., Guild., P. C., P. R. O., and Q. C. Entered on Patent Rolls; entered in Privy Council Register, III William, vol. 1, p. 479. Printed in "London Gazette," July 17, 1690; reproduced in January 1909 number of the "Journal of the Friends Historical Society."_

FOOTNOTES:

[1] Because of his friendship for James II, William Penn fell under suspicion when William III came to the throne. On February 27, 1689, a warrant was issued by the Privy Council for his arrest upon suspicion of high treason (Privy Council Register, III William, vol. 1, p. 24). In June 1690 the interception of a letter written to him by James II caused him to be brought before the Privy Council. Upon receiving the news of the proclamation including him among the King's enemies, he at once surrenderd himself, but no evidence appearing against him, he was discharged by the court of King's bench on November 28. (_Dict. of National Biography_, xliv, 315).

[2] Dixon, in his _William Penn_ (1872 ed., p. 275), is evidently in error in referring to this proclamation as issued on June 24. J. M. Rigg, in his article on Penn in the _Dictionary of National Biography_, gives the date as July 17, possibly because on one of the two copies of the proclamation in the British Museum someone has written this date, or because it was printed in the _London Gazette_ on that day.

1691, February 5.

[For Apprehending William Penn.]

BY THE KING AND QUEEN.

A PROCLAMATION

FOR DISCOVERING AND APPREHENDING THE LATE BISHOP OF ELY, WILLIAM PENN, AND JAMES GRAHME.

MARIE R.

Whereas Their Majesties have received Information, That Francis late Bishop of Ely, William Penn Esquire, and James Grahme Esquire, with other Ill-affected Persons, have Designed and Endeavoured to Depose Their Majesties, and Subvert the Government of this Kingdom, by procuring an Invasion of the same by the French, and other Treasonable Practices, and have to that end held Correspondence, and Conspired with divers Enemies and Traitors, and particularly with Sir Richard Grahme Baronet, (Viscount Preston in the Kingdom of Scotland) and John Ashton Gent. lately Attainted of High Treason; For which Cause several Warrants for High Treason have been Issued out against them, but they have withdrawn themselves from their usual Places of Abode, and are fled from Justice: Their Majesties therefore have thought fit, by and with the Advice of Their Privy Council, to Issue this Their Royal Proclamation; And Their Majesties do hereby Command and Require all Their Loving Subjects to Discover, Take and Apprehend the said Francis late Bishop of Ely, William Penn and James Grahme, wherever they may be found, and to carry them before the next Justice of the Peace, or Chief Magistrate, who is hereby Required to Commit them to the next Goal, there to remain until they be thence Delivered by due Course of Law; And Their Majesties do hereby Require the said Justice or other Magistrate, immediately to give Notice thereof to Them or Their Privy Council. And Their Majesties do hereby Publish and Declare to all Persons that shall Conceal the Persons above named, or any of them, or be Aiding or Assisting in the Concealing of them, or furthering their Escape, that they shall be Proceeded against for such their Offence with the utmost Severity according to Law.

Given at Our Court at Whitehall the Fifth Day of February, 1690/1. In the Second Year of Our Reign.

GOD SAVE KING WILLIAM AND QUEEN MARY.

London, Printed by Charles Bill and Thomas Newcomb, Printers to the King and Queens most Excellent Majesties. 1690.

_1 p. folio. There are two issues, varying slightly in set-up and in the cut of the royal arms. Copies in Adv., B. M., Crawf., Dalk., D. H., Guild., P. C., P. R. O., and T. C. D. Entered on Patent Rolls; entered in Privy Council Register, III William, vol. 2, p. 112. Printed in "London Gazette," February 7, 1691; reproduced in the January number of the "Journal of the Friends Historical Society."_

1700, January 29.

[For Apprehending Author of Darien Libel.]

BY THE KING.

A PROCLAMATION.

WILLIAM R.