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.