Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital that the planting of Tobacco continues notwithstanding;
12 Car. II. c.34.; 15 Car. II. c. 7.; Justices of the Peace to issue their Warrants to Constables, &c. to make a Return to them of what Tobacco is planted, and by whom and upon what Land; and to make a Presentment in Writing upon Oath to the next Quarter Sessions; Such Presentment being filed by Clerk of the Peace to be a sufficient Conviction; except upon Notice it shall be traversed.
Whereas the sowing, setting, planting and cureing of Tobacco within diverse parts of the Kingdome of England doth continue and increase to the apparent Losse of his Majestyes Customes, and the discouragement of his Majestyes Plantations in America, and great prejudice of the Trade and Navigation of this Realme, and the vent of its Commodityes thither notwithstanding an Act of Parlyament made in the twelfth yeare of his Majestyes Raigne that now is for the prevention thereof entituled An Act for prohibiting the planting, setting or sowing of Tobacco in England and Ireland. And alsoe one other Act of this present Parlyament made in the fifteenth yeare of his said Majestyes Raigne intituled An Act for the incouragement of Trade. And forasmuch as the remedies and provisions by those Lawes are found not large enough to obviate and prevent the planting thereof, Bee it therefore enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the authorise of the same That from and after the first day of May which shall be in the yeare of our Lord one thousand six hundred seaventy and one all Justices of the Peace within their severall Limitts and Jurisdictions, shall and doe a moneth before every Generall Quarter Sessions to be holden for their respective Countyes, issue forth their Warrants to all HighConstables, Petty Constables and Tythingmen within their severall Limitts thereby, requireing the said High constables, Petty-constables and Tythingmen and every of them, to make diligent search and inquiry what Tobacco is then sowne, sett, planted, growing, cureing, cured or made within their, severall and respective Limitts and Jurisdictions and by whome; And to make a true and lawfull presentment in Writeing upon Oath at the next Generall Quarter Sessions to be holden for such County, of the names of all such persons as have sowne, sett, planted, cured or made any Tobacco, and what the full quantity of Land is, or was sowne, sett or planted therewith, and who are the immediate Tennant or Tennants, or present Occupiers of the Land soe sowne, sett or planted, who are and shall be deemed planters thereof to all intents and purposes. Which said presentment upon oath shall be received and filed by the Clerke of the Peace of the said County in open Sessions, and after such receipt and fileing shall be a sufficient Conviction in Law to all intents and purposes of all such persons, as shall be soe presented for the sowing, setting, planting, improveing to grow, makeing or cureing Tobacco, either in Seede, Plant, Leafe or otherwise, contrary to the said recited Acts or either of them, unlesse such person or persons, soe presented (haveing notice given to him or them of such presentment made, by the delivery of a Copy of such presentment to him or them, or by leaveing a Copy of such presentment at his or their Dwelling House or Houses, or usuall place of aboade in the presence of one or more credible [Witnesse, (fn. 1) ] ten dayes at the least before the next Quarter Sessions) shall at the Quarter Sessions next after such notice shall be given to him or them, traverse such presentment, and finde sufficient Sureties for the prosecuteing and trying such Traverse at the Quarter Sessions to be holden for the said County next after such Traverse shall be entred or made.
II. Power to Officers, &c. to pull up, &c. and destroy all the Plants, &c.
Officers not doing their Duty in destroying of it; Penalty.
And it is hereby further enacted That all Constables, Tythingmen, Bayliffes and other publique Officers shall and doe within their respective Jurisdictions from time to time as often as occasion shall require within fowerteene dayes after Warrant from two or more of the Justices of the Peace within such County, Towne, Citty or place to them, calling to their assistance such person or persons as they and every [one (fn. 2) ] of them shall finde convenient and necessary, plucke up, burne, consume teare in pieces, and utterly destroy all Tobacco seede, Plant, Leafe, planted, sowed or growing in any Field, Earth or Ground. And if any such Tobacco shall be suffered or permitted to grow or be unconsumed in Seede, Plant or Leafe in any Towneship, Tything, Parish, Hamlet or place by the space of fowerteene dayes after the receipt of such Warrant or Warrants by the said Constables, Tythingmen, Bayliffes or other publique Officers of the respective Towneshipps, Tythings, Parishes or Hambletts as aforesaid, That then such Constables, Tythingmen, Bayliffes, or other publique Officers respectively shall for every such offence forfeite and pay the summe of five shillings for every Rod, Perch or Pole of Ground soe sett, planted or sowed with Tobacco, and soe proportionably for a greater or lesser quantity of Ground, the one moyety thereof to the Kings Majestie, and the other moyety thereof to him or them that shall sue for the same, to be recovered by Action of Debt, Bill, Plaint or Information in any of his Majestyes Courts of Record at Westminster.
III. Refusing.; &c. to assist Officers;
Penalty 5s. Distress or Imprisonment.; Resisting Officers; Penalty £5.; If no Distress, Imprisonment.
And it is hereby further enacted That in case any person or persons [or persons (fn. 3) ] shall refuse or neglect to ayde or assist (being thereunto required) any Constable, Bayliffe or other publique Officer in the due execution of this Act, That every such person or persons, for every such offence, upon conviction thereof, made before two Justices of the Peace of the said County, where such offence shall be committed, shall forfeite and pay the summe of five shillings to be leavyed by Warrant from the said Justices by distresse and sale of the offenders Goods, And in case noe distresse can be found then every such offender shall be committed to the common Goale of the said County, there to remaine for the space of one weeke without Baile or Mainprize. And if any person or persons whatsoever shall forceably resist any Constable, Bayliffe or other publique Officer or other person or persons whatsoever in the due execution of this Act, That then every such person for every such offence, upon conviction thereof made before two Justices of the Peace of the said County, where such offence shall be committed, shall forfeite and pay the summe of five pounds to be leavyed by Warrant from the said Justices by distresse and sale of the offenders Goods, And in case noe distresse can be found, then every such offender shall be committed to the common Goale of the said County there to remaine for the space of three monethes without Baile or Mainprize.
IV. In Action brought for executing this and the former Acts, General Issue may be pleaded.
And bee it further enacted by the authoritie aforesaid That if any Action, Plaint, Suite or Information shall be commenced or prosecuted against any person or persons for what he or they shall doe in pursuance or execution of this Act or either of the recited Acts, such person or persons soe sued in any Court whatsoever shall or may pleade the Generall Issue, Not Guilty, and upon any Issue joyned, may give this Act, or the said recited Acts on either of them, and the speciall matter in Evidence, and if the Plaintiffe or Prosecutor shall become Nonsuite, or forbeare further prosecution, or suffer discontinuance, or if a Verdict shall passe against him, the Defendant or Defendants shall recover their Costs, for which they shall have the like remedy as in case where Costs are given by the Law to the Defendants.
V. Proviso for Tobacco planted in Physic Gardens.
Provided alwayes and it is hereby enacted That this Act nor any thing therein contained shall extend to the hindring of the planting of Tobacco in any Phisicke Garden of either University, or in any other private Garden for Phisicke or Chirurgery onely, soe as the quantity soe planted exceede not one halfe of one Pole in any one place or Garden.
VI. Recital of 15 C.II. c.7. §4.
and that Advantage had been taken of the Omission of repealing the Word Ireland in 12 C.II. c.18, §19. The Word Ireland to be left out of all Bonds taken for Ships setting sail out of or from England, Ireland, Wales, &c. for any English Plantation in America, &c. The Governors of the English Plantations to take Bond as herein directed before Ship is permitted to load.; Ship loading before such Bond given, or Certificate that Bond hath been given in England.; Penalty.
And whereas by one Act of Parlyament in the fifteenth yeare of his Majestyes Raigne Entituled An Act for the encouragement of Trade. It is declared That inasmuch as his Majestyes Plantations beyond the Seas are inhabited with his Subjects of England for the maintaining a better correspondency betwixt them, and keeping them in a firmer dependence upon it, and rendering them yet more beneficiall and advantagious unto it, in the further imployment and increase of English Shipping and Seamen, vent of Woollen and other manufactures, rendering the Navigation to and from the same more safe and cheape, and makeing this Kingdome a Staple not onely of the Commodityes of those Plantations, but alsoe of the Commodities of other Countryes for the supplying them (it being the usage of other Nations to keepe their Plantation trades to themselves) It was therefore enacted That noe Goods or Commodityes of Europe shall be carryed into any the Plantations of Asia, Africa or America, but what shall bona fide be laden and shipped in England and in English built Shipps, or Shipps made free and navigated with English according to an Act of Parlyament on that behalfe; And that noe Officer of the Customes in England or Wales shall give any Warrant, or suffer any Sugar, Tobacco and other Plantation goods therein perticularly named to be carryed into any other Country or place whatsoever untill they have beene first bona fide unladen in England, as by the said Act doth more at large appeare. Notwithstanding which, some persons takeing advantage of the not mentioning the repealeing of the word Ireland in one Clause in an Act of Parlyament made in the twelfth yeare of his Majestyes Raigne Entituled An Act for the encourageing and encrease of Shiping and Navigation. where Bonds are directed to be taken for all Shipps that shall lade any Sugar or other Commodities therein particularly mentioned in any of the said Plantations, That the same Commodities shall be by the said Shipp brought to some Port, of England, Ireland, Wales or Towne or Port of Berwicke, and shall there unlode, and putt the same on shore, the said persons having either refused to give Bond for the returne of their Shipps in such case to England, Wales or Towne or Port of Berwicke onely, or haveing given such Bonds have neverthelesse gone with their Shipps to Ireland, By which meanes (although this Kingdome hath and doth dayly suffer a great prejudice by the transporting great numbers of the people thereof to the said Plantations for the peopleing of them) yet that the Trade of them would thereby in a great measure be diverted from hence, and carryed elsewhere, his Majestyes Customes and other Revenues much lessened, and this Kingdome not continue a Staple of the said Coo[m]modities of the said Plantations, nor that vent for the future of the Victtuall and other native Commodities of this Kingdome; Bee it therefore enacted, and it is hereby enacted by the authority aforesaid That the word Ireland shall from and after the twenty fowerth day of May in the yeare of our Lord one thousand six hundred and seaventy one be left out of all such Bonds, which shall be taken for any Shipp or Vessell which shall sett saile out of, or from England, Ireland, Wales or Towne of Berwicke upon Tweede for any English Plantation in America, Asia or Africa; And that in case the said Shipp or Vessell shall lode any of the said Commodities at any of the said English Plantations, That the said Commodities shall be by the said Shipp or Vessell brought to some Port of England or Wales, or to the Towne of Berwicke upon Tweede, and shall, there unlode and putt on shore the same (the danger of the Seas onely excepted) and in like manner for all Shipps comeing from any other port or place to any of the aforesaid Plantations, who by the aforesaid Act for encouraging and encrease of Shipping are permitted to trade there; That from and after the nine and twentyeth day of September in the yeare of our Lord one thousand six hundred seaventy and one the Governour of such English Plantations shall before such Shipp or Vessell be permitted to lode on board any of the said Commodities take Bond in manner, and to the value mentioned and directed in the above mentioned Act for the encourageing and encrease of Shipping and Navigation for each respective Shipp or Vessell, That such Shipp or Vessell shall carry all the aforesaid Goods that be laden on board in the said Shipp to some other of his Majestyes English Plantations, or to England, Wales or Towne of Berwicke upon Tweede, And that every such Shipp or Vessell which from and after the said nine and. twentyeth day of September In the yeare of our Lord one thousand six hundred seaventy and one shall lode, or take on board any of the said Commodities, untill such Bond given to such Governour, or Certificate produced from the Officers of some Custome house of England, Wales or of the Towne of Berwicke that such Bond hath beene there duely given, or which contrary to the Tenour of such Bond shall carry the said Goods to any Land, Island, Territory, Dominion, Port or Place whatsoever, other then to such other English Plantations as doe belong to his Majestie his Heires and Successors, or to the Kingdome of England, Principality of Wales or Towne of Berwicke upon Tweede, and there lay the same on shore, That every such Shipp or Vessell shall be forfeited with all her Guns, Tackle, Apparell, Ammunition, Furniture and Ladeing, the one moyety to the Kings Majestie, his Heires and Successors, and the other moyety to him or them that shall seize and sue for the same in any of the said Plantations, in the Court of the High Admirall of England, or of any of his Vice-admiralls, or in any Court of Record in England, wherein noe Essoyne, Protection or Wager at Law shall be allowed.
VII. Governors of American Plantations to return yearly to Customhouse in London a List of all Ships lading any Commodities therein, and also a List of Bonds taken.
Ships unlading Sugar, &c. in any Port except in England, to be forfeited.
And whereas many complaints have beene made of shipping and Vessells belonging to some of his Majestyes Collonies in America that contrary to the intent and meaneing of this and other aforementioned Lawes they have brought and transported the said Commodities to diverse parts of Europe and there unloded the same, Bee it further enacted by the authoritie aforesaid That the Governours or other Commanders in Cheife of his Majestyes respective Plantations doe once a yeare at least make a Returne to his Majestyes Officers of his Customes in the Port of London, or to such other person or persons as his Majestie shall appoint to receive the same a List of all such Shipps or Vessells as shall lade any of the said Coo[m]odities in such Plantations respectively; as alsoe a List of all the Bonds taken by them; And in case any Shipp or Vessell belonging to any of his Majestyes Plantations, which shall have on board her any Sugars, Tobacco, Cotten Woole, Indicoes, Ginger Fusticke or. other dying wood shall be found to have unladed in any port or place of Europe other then England, Wales, or the Towne of Berwicke upon Tweede, That such Shipp or Vessell shall be forfeited with all her Guns, Tackell, Apparell, Ammunition, Furniture and ladeing to be recovered and divided as aforesaid. And that it shall and may be lawfull for any person or persons to prosecute such Shipp or Vessell in any Court of Admiralty in England, the one moyety of the forfeiture in case of condemnation to be to his Majestie his heires and successors, and the other moyety to such prosecutor or prosecutors thereof.
VIII. Tangier not a Plantation within the Meaning of this Act.
And lastly it is hereby enacted, and bee it further enacted by the authority aforesaid That Tangier shall not be deemed or taken to be a Plantation to his Majestie belonging in Asia, Africa or America within the intent or meaneing of this Act, or any of the aforementioned Acts soe as to enjoy any right, priviledge or benefitt of tradeing to, or from the said Plantations or any of them, Any Law, Act, Usage or Declaration to the contrary notwithstanding.
IX. Continuance of Act.
Provided alwayes and bee it enacted That this Act shall continue in force for nine yeares, and from thence to the end of the next Session of Parlyament and noe longer.