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_Burt Franklin: Bibliography and Reference Series # 56_


[Illustration: PROCLAMATION OF 1688 (reduced facsimile).]



_Burt Franklin: Bibliography and Reference Series # 56_



Published by
514 West 113th Street
New York 25, N. Y.




This volume is the outgrowth of action taken by the Society at its
annual meeting in October, 1906, when a committee consisting of Mr.
Waldo Lincoln, Professor William MacDonald, and Dr. J. Franklin
Jameson was appointed to arrange for a new volume of the Society's
Transactions. At the April meeting, 1907, the committee was given power
to proceed with the publication of the British Royal Proclamations
relating to America, and in October following appointed the writer to
edit the volume. The editor spent the summer of 1908 in England engaged
in this undertaking.

The present volume includes all English Royal proclamations which
concern North and South America, from 1603 to 1783. Only those
proclamations are printed which emanated directly from the King.
The numerous declarations and proclamations issued by provincial
and colonial governors, the unauthorized proclamations of minor
English officials serving in America, the proclamations of the
governors-general of Canada and the Thanksgiving and Fast-Day
proclamations of the New England governors have all been omitted. They
are documents of another class, and exist in such profusion as to be
quite beyond the scope of this volume. These colonial proclamations,
furthermore, are practically never entered in the English records.
As original broadsides, they are very rarely found in English
depositories, but are scattered throughout the libraries and archives
of America. Enough of these exist to form the basis of another volume.
Limiting the present field to royal proclamations allows the subject to
be covered with reasonable completeness.

Proclamations only are included, under which heading would come
manifestos and declarations of the King. In a few cases proclamations
were issued by the Lords Justices during the King's absence from
England. The great mass of orders in council, which were occasionally
issued as broadsides, but generally are found only in manuscript
entries, are not included. These are now being printed in the "Acts
of the Privy Council, Colonial Series," the third volume of which has
progressed as far as the year 1745. Another class of proclamations
rejected are those of the Lords Lieutenants of Ireland, which repeat
verbatim the English orders in council.

From the early days of English history, proclamations were issued
by the Crown to make known to the people new acts or regulations or
declarations of public importance. Distributed for public view in
printed broadside form, they have been familiar to twenty generations
of English-speaking people. Yet, in spite of their frequency of issue
and in spite of their occasional importance as public documents, there
has been scarcely a book upon the forms of English government or upon
the history of records, which gives a detailed account of the method of
issuing, entering, and publishing proclamations. It remained for Mr.
Robert Steele to compile during the past year, "A Bibliography of Royal
Proclamations, 1485-1714, with an Historical Essay on their Origin and
Use." This work, in two folio volumes, forms volumes five and six of
the Earl of Crawford's splendidly published series, the _Bibliotheca
Lindesiana_, and in this country can be consulted at most of the large
libraries. Mr. Steele so thoroughly treats of the issuing, enforcement,
and history of proclamations, that more than a brief allusion to their
method of publication is unnecessary in this place.

Proclamations, during the seventeenth and eighteenth centuries at
least, usually underwent the following routine. They were drawn up
by the Attorney General upon instructions from the Privy Council,
then engrossed on vellum and signed by the King. After having been
printed as broadsides in an edition of a thousand or more by the King's
printer, they were sent by messengers to the sheriffs of the various
counties and towns, by whom they were posted. A document of the period
of Charles II preserved in the Public Record Office shows the method of
issuing a proclamation:

"Proclamations how passed. - Proclamations are usually drawn by the
Attorney Generall and assented to by the Council and brought down to
a Secretary of State to be engrossed in vellum and soe signed by the
King (without any attestation of the Secretary), then being dated
they are sent (sealed in a paper) to the King's Printing House by a
messenger, who of course receives for their service 2s. 6d. of the
Printer. Then are printed off such a number as is judged convenient,
and of them some Copys furnished on the K.'s and to the Secry^s to
the Councell, &ca.: and 1250 are carryed to the Clerk of the Crown
to be distributed under the Great Seal, together with the original
Proclamation signed by the King, which is there kept upon a File for
the Clerk of the Crown's discharge and warrant. There are made up by
the Clerk of the Crown, 66 writs directed to so many Sheriffs; each
containing a certain number of proclamations tyed up with a Label,
and then sealed. These writs are delivered over to the 4 Riding
Messengers, whose office it is to distribute them, and for their
pains have among them £40 out of the Hanaper paid by Bill, if it be
y^e King's business (as generally they are), or else £50 if it be
a private man's concern. His fees for the 66 writs are, £22 at 6s.
8d. per writt. The Printer has, by old Rates & Custom, 1d. per sheet
for what he prints at the King's charge which comes to £15 for a
Proclamation, and upon bills exhibited to the Lord Chancellor is paid
in the Hanaper. His bills for quantitys furnished to the Secretary's
office are attested by the Secretaries respectively & those to the
Council office by the Clerks there." (S.P.D. Entry Book 72, p. 219,
quoted by Steele.)

Another interesting side light upon their method of distribution is
shown by a quotation from the records of the Privy Council:

January 10, 1678-79. "Whereas his Majesty did this Day in Council
take notice of some Proclamations that have issued whereof no notice
has come into severall parts of the Kingdome than what happens to
be given by the Gazet, notwithstanding the great charge that is
brought unto his Majesties accompt for the sending and Dispatching
all Proclamations that issue, therefore to reform this abuse, and to
settle for the future a method of lesse expence, and more certainty
and expedition in the publique Service, It is this day ordered by
his Majesty in Councill that the Right honorable the principall
Secretaries of State do call before them Philip Frowde Esq. Governor
of the Post office, and settle a method for sending all Proclamations
to the respective Sheriffs, so as the next Postmaster to such Sheriff
be charged with the Delivery of the same, and send up the Sheriffs
receipt for his Discharge. The clerk of the Crowne is also to be
summoned, and orders given him, that as soon as Proclamations passe
the Seale, he do deliver them the next post day into the Post office
and take a receipt thereof for the Discharge of his Duty herein, And
the messengers of the Exchequer who have formerly been intrusted with
this Service to his Majesties Damage and Expence are to be summoned
and acquainted with the Rule that is now to be established, and that
they desist hereafter from intermedling with this matter." (Privy
Council Register, II Chas., 14:12.)

This new order, however, took away much of the revenue of the
messengers and after a formal complaint had been made and duly heard,
the Council concluded not to alter

"the ancient Course of Dispersing Proclamations, but leaves the Same
to the Execution of the messengers of the Exchequer as formerly
and that they take care that no Complaints be brought against them
hereafter for not timely delivering of Proclamations. And his Majesty
is graciously pleased to Command that the said Order of the 10th
Instant be, and the same is hereby Superseded." (Idem, p. 39.)

With the reform of the postal service in 1709, the Privy Council
discontinued the use of riding messengers and ordered that in future
proclamations should be sent out by post.

Proclamations when signed by the King were termed "signed bills" and
most of them are now preserved in the Public Record Office among
the Privy Seal bundles. During the period covered by this volume,
proclamations were generally copied on the backs of the Patent
Rolls, and can be found through the Indexes. The eighteenth century
proclamations were furthermore noted in the Crown Office Docquet Books,
which are in the Public Record Office. Since proclamations were first
ordered in the Privy Council, they were duly entered in its records and
are to be found in the Registers in the Privy Council Office. After
1665, proclamations were generally published in the _London Gazette_,
and before that date occasionally in London newspapers, such as the
_Mercurius Politicus_ and the _Kingdomes Intelligencer_.

It would seem as if there would be in England at least one official
collection of broadside proclamations, yet no depository - the
Public Record Office, the Privy Council Office, or the British
Museum - possesses more than a fair share of the total number. Private
collections are often the most valuable for certain periods, and as Mr.
Steele's work shows, it requires a canvass of all existing collections
to insure anything like completeness.

The principal depositories of proclamations have the following
distinguishing characteristics:

The British Museum collection, although but sparsely represented for
the eighteenth century, is notably full for the seventeenth century
issues. Scattered in many different volumes, however, a comprehensive
search requires a considerable amount of time. The Museum also has
excellent files of the newspapers in which many of the proclamations
were printed.

The collection of proclamations in the Public Record Office is
contained in eight folio volumes, and is also less strongly represented
for the eighteenth century. Here the Indexes to the Patent Rolls and
the Crown Office Docquet Books are invaluable.

At the Privy Council Office is the best collection of proclamations for
American reference and one which is especially good for the eighteenth
century. The long, bulky series of Privy Council Registers, which is
full of interest to students of American affairs, contains the entries
of most proclamations.

Other London libraries, where the collections of proclamations were
examined for this volume, were the Guildhall and the Society of
Antiquaries. Each of these depositories had large numbers of the
earlier proclamations and possessed certain issues which existed in no
other place. At the Bodleian Library, Oxford, the Public Record Office
in Dublin, and the Register House in Edinburgh, valuable collections
were consulted.

Of the private collections, easily the most comprehensive is that
gathered by the Earl of Crawford and described in the Bibliography
of Royal Proclamations before referred to, in which volume other
collections, both private and public, are noted at length. There is
no large collection of broadside proclamations in any one American
library, although many of the larger public and historical libraries
possess occasional issues, and these, so far as found, have been noted.

There are one hundred and one proclamations entered in this volume.
They have been carefully transcribed from the printed broadsides,
except in the few instances where the broadside could not be found
and some other source had to be used. Above each proclamation the
date is given, and also a descriptive heading supplied by the editor
and enclosed in brackets. The notes serve chiefly to explain obscure
points, or to refer to original sources for certain Acts printed
in the text. The bibliographical information entered at the end of
each document gives the size of the original broadside, a list of
libraries where it is to be found, a reference regarding the entry of
the proclamation upon the Patent Roll, Crown Office Docquet Book, or
Privy Council Register, and a note of the fact as to whether it is
reprinted elsewhere. A list of the libraries referred to as containing
the broadsides, and a chronological list of the proclamations precede
the body of the text. The frontispiece reproduction of a proclamation
of 1688 is from an original broadside owned by the John Carter Brown

The editor's indebtedness to many English officials and librarians
for courtesies extended to him in the course of his work is hereby
gratefully acknowledged, especially to Mr. Hubert Hall of the Public
Record Office and Sir Almeric FitzRoy, Clerk of the Privy Council.
Professor W. L. Grant, then editing the "Acts of the Privy Council,
Colonial Series," made many helpful suggestions. To Mr. Robert Steele
above all others the Society is most deeply indebted. His aid and
advice willingly given, his exceptional knowledge of the particular
subject constantly placed at the editor's service, and finally his
scholarly published work on the Bibliography of Royal Proclamations
have all greatly helped to lighten the burden of research.


August 5, 1911.

List of Proclamations.

1603, September 17. Banishing Vagabonds to America, 1.
1606, August 23. Transporting of Women and Children to Foreign
Parts, 3.
1614, September 11. Importation of Whale-fins from Greenland, 4.
1617, December 23. Banishing Notorious Offenders to Virginia, 7.
1618, June 9. Censuring Sir Walter Raleigh for sacking St.
Thomas, 8.
1619, May 18. Importation of Whale-fins from Greenland, 10.
1619, October 6. Manufacture of Tobacco-pipes, 12.
1619, November 10. Inspecting of Tobacco, 15.
1619, December 30. Forbidding Planting of Tobacco in England, 18.
1620, May 15. Forbidding Roger North's Expedition to
Brazil, 21.
1620, May 27. Manufacture of Tobacco-pipes, 24.
1620, June 29. Restraining Disorderly Trading in Tobacco, 27.
1621, March 8. Suppressing Lotteries in Virginia, 31.
1622, November 6. Prohibiting Disorderly Trading to New
England, 33.
1624, September 29. Encouraging Growth of Tobacco in Plantations, 35.
1625, March 2. Encouraging Growth of Tobacco in Plantations, 42.
1625, April 9. Importation of Tobacco, 50.
1625, May 13. Settling the Affairs of Virginia, 52.
1627, February 17. Importation of Tobacco, 55.
1627, March 30. Sealing of Tobacco, 61.
1627, August 9. Importation of Tobacco, 62.
1630, November 24. Forbidding Disorderly Trading with the
Savages, 66.
1631, January 6. Restricting Importation of Tobacco, 68.
1633, October 13. Restricting Sale of Tobacco, 71.
1634, March 13. Requiring Licenses from Tobacconists, 74.
1634, May 19. Concerning Tobacco, 75.
1636, May 16. Limiting Whale-trade to Muscovy Company, 78.
1637, April 30. Regulating Emigration to America, 80.
1638, March 14. Importation of Tobacco, 82.
1638, May 1. Requiring Licenses for New England, 87.
1639, March 25. Concerning Tobacco, 88.
1639, August 19. Licensing of Tobacconists, 92.
1643, November 24. Requiring Loyalty from America, 94.
1655, October 10. Encouraging Settling in Jamaica, 96.
1658, March 9. Limiting Greenland Trade to Muscovy Company, 100.
1660, September 22. For Apprehension of Whalley and Goffe, 104.
1661, March 29. Prohibiting Planting of Tobacco in England, 106.
1661, May 9. Suppressing Vagrancy, 109.
1661, December 14. Encouraging Settling in Jamaica, 112.
1667, August 23. Recalling Dispensations of Navigation Act, 114.
1671, December 22. Concerning the Planters at St. Christophers, 116.
1674, March 11. Recalling Dispensations of Navigation Act, 119.
1674, November 30. Prohibiting African Trade to Plantations, 120.
1675, October 1. For Apprehending Don Philip Hellen, 124.
1675, November 24. Enforcing Navigation Acts, 126.
1676, April 1. Concerning Passes for Ships, 129.
1676, October 27. Suppressing the Rebellion in Virginia, 130.
1681, April 2. Granting Pennsylvania to William Penn, 133.
1685, February 6. Continuing Officers in the Colonies, 135.
1685, April 1. Prohibiting African Trade to Plantations, 137.
1688, January 20. Suppressing Pirates in America, 140.
1688, March 31. Prohibiting General Trading at Hudson's Bay, 143.
1689, February 19. Continuing Officers in the Colonies, 146.
1689, May 7. Declaration of War against France, 147.
1690, July 14. For Apprehending William Penn, 150.
1691, February 5. For Apprehending William Penn, 152.
1700, January 29. For Apprehending Author of Darien Libel, 153.
1701, March 6. For the Apprehension of Pirates, 155.
1702, March 9. Continuing Officers in the Colonies, 159.
1704, June 18. Rates of Foreign Coins in Plantations, 161.
1708, June 26. Encouraging Trade to Newfoundland, 163.
1711, June 23. Establishing Post Office in America, 167.
1714, October 4. Concerning Passes for Ships, 172.
1714, November 22. Continuing Officers in the Colonies, 174.
1717, September 5. For Suppressing Pirates in West Indies, 176.
1718, December 21. For Suppressing Pirates in West Indies, 178.
1722, July 19. Concerning Passes for Ships, 180.
1727, July 5. Continuing Officers in the Colonies, 182.
1729, December 31. Concerning Passes for Ships, 184.
1740, April 9. Encouraging Trade with America, 188.
1740, June 19. Providing for Distribution of Prize Money, 189.
1741, June 18. Regulating Distribution of Prizes, 193.
1741, June 18. Regulating Distribution of Prizes, 195.
1744, March 29. Declaration of War against France, 196.
1744, June 14. Regarding Distribution of Prizes, 200.
1752, June 25. Continuing Officers in Georgia, 201.
1756, May 17. Declaration of War against France, 203.
1759, October 23. Thanksgiving in England for Defeat of
French, 207.
1759, October 23. Thanksgiving in Scotland for Defeat of
French, 208.
1760, October 27. Continuing Officers in the Colonies, 210.
1763, October 7. Establishing New Governments in America, 212.
1764, March 26. Colonizing Granada and other Islands, 218.
1772, August 26. For Apprehending Destroyers of the Gaspee, 224.
1774, December 16. Providing Copper Currency for Virginia, 226.
1775, August 23. For Suppression of Rebellion in America, 228.
1775, December 22. Appointing the Distribution of Prizes, 230.
1776, October 30. Fast Day in England, 234.
1776, October 30. Fast Day in Scotland, 236.
1778, January 23. Fast Day in England, 237.
1778, January 23. Fast Day in Scotland, 239.
1778, September 16. Regarding the Distribution of Prizes, 241.
1779, January 1. Fast Day in England, 246.
1779, January 1. Fast Day in Scotland, 247.
1779, December 13. Fast Day in England, 249.
1779, December 13. Fast Day in Scotland, 250.
1780, December 20. Relations of England to Holland, 252.
1781, January 12. Fast Day in England, 256.
1781, January 12. Fast Day in Scotland, 257.
1782, January 9. Fast Day in England, 259.
1782, January 9. Fast Day in Scotland, 260.
1783, February 14. Declaring Cessation of Arms, 262.

List of Abbreviations


=Adv.= Advocates' Library, Edinburgh.

=Antiq.= Society of Antiquaries, London.

=B. M.= British Museum, London.

=Bodl.= Bodleian Library, Oxford.

=Camb.= Cambridge University Library.

=Cant.= Municipal Library, Canterbury.

=Ch.= Chetham Library, Manchester.

=Crawf.= Lord Crawford's Library, Haigh Hall.

=D. H.= Devonshire House, London (Friends' Historical Society).

=Dalk.= Dalkeith Palace (Duke of Buccleuch), Scotland.

=Dubl.= Dublin Public Record Office.

=Guild.= Guildhall Library, London.

=Hodg.= J. Eliot Hodgkins' Library, London.

=I. T.= Inner Temple, Library, London.

=P. C.= Privy Council Office, London.

=P. R. O.= Public Record Office, London.

=Q. C.= Queen's College, Oxford.

=Signet= Signet Library, Edinburgh.

=T. C. D.= Trinity College, Dublin.

Royal Proclamations

1603, September 17.

[Banishing Vagabonds to Newfoundland and West Indies.]



Whereas at a Parliament holden at Westminster in the nine and thirtieth
yeere of the Reigne of his Majesties late deare Sister deceased Queene
Elizabeth, a profitable and necessary Law was made for the repressing
of Rogues, Vagabonds, idle and dissolute persons,[1] wherewith this
Realme was then much infested, by the due execution of which Lawe,
great good ensued to the whole Commonweale of this Realme, but now of
late by the remissenesse, negligence, and connivencie of some Justices
of the Peace, and other Officers in divers parts of the Realme, they
have swarmed and abounded every where more frequently then in times
past, which will grow to the great and imminent danger of the whole
Realme, if by the goodness of God Almighty, and the due and timely
execution of the said Law the same be not prevented.

And where to the end that no impediment might be to the due and full
execution of the same Law, his Highnesse Privie Councell, according
to the power to them in that behalfe given by the sayd Law, have by

Online LibraryVariousBritish Royal Proclamations Relating to America 1603-1783 → online text (page 1 of 26)