In an act of Charles the Second, entitled, "An act for prohibiting the planting, setting, or sowing tobacco in England and Ireland," the prohibition is thus expressed: "Your Majesty's loyal and obedient subjects, the Lords and Commons in this present parliament assembled, considering of how great concern and importance it is, that the colonies and plantations of this kingdom in America, be defended, protected, maintained, and kept up, and that all due and possible encouragement be given unto them; and that not only in regard great and considerable dominions and countries have been thereby gained, and added to the imperial crown of this realm, but for that the strength and welfare of this kingdom, do very much depend upon them, in regard of the employment of a very considerable part of its shipping and seamen, and of the vent of very great quantities of its native commodities and manufactures, as also of its supply with several considerable commodities which it was wont formerly to have only from foreigners, and at far dearer rates: And forasmuch as tobacco is one of the main products of several of those plantations, and upon which their welfare and subsistence, and the navigation of this kingdom, and vent of its commodities thither, do much depend; and in regard it is found by experience, That by the planting of tobacco in these parts your Majesty is deprived of a considerable part of your revenue arising by customs upon imported tobacco; Do most humbly pray, That it may be enacted by your Majesty: And it is hereby enacted by the King's Most Excellent Majesty, and the Lords and Commons in this present parliament assembled, and by authority of the same, That no person or persons whatsoever, shall or do from and after the first day of January, in the year of our Lord One Thousand Six Hundred and Sixty, set, plant, improve to grow, make or cure any tobacco either in seed, plant, or otherwise, in or upon any ground, earth, field, or place within the kingdom of England, dominion of Wales, islands of Guernsey or Jersey, or town of Berwick upon Tweed, or in the kingdom of Ireland, under the penalty of the forfeiture of all such tobacco, or the value thereof, or of the sum of forty shillings for every rod or pole of ground so planted, set or sown as aforesaid, and so proportionably for a greater or lesser quantity of ground; one moiety thereof to his Majesty, his heirs and successors; and the other moiety to him or them that shall sue for the same, to be recovered by bill, plaint, or information in any court of record, wherein no essoign, protection or wager in law shall be allowed.
"Provided always and it is hereby enacted, That this act, nor any thing therein contained, shall extend to the hindering of the planting of tobacco in any physic garden of either university, or in any other private garden for physic or chyrurgery, only so as the quantity so planted exceed not half of one pole in any one place or garden."
In this act all sheriffs, justices of the peace, or other officers, upon information or complaint made unto them, are empowered to cause to be burnt, plucked up, consumed or utterly destroyed all such tobacco, set, sown, planted or growing within their jurisdiction. But it not proving forcible enough to prevent the cultivation of tobacco; in the fifteenth year of the reign of the said King, a clause was inserted in an act, entitled, "An act for the encouragement of trade," to the following purport, clause 18.
"And forasmuch as planting and making tobacco within the kingdom of England doth continue and encrease, to the apparent loss of his said Majesty in his customs, the discouragement of the English plantations in the parts beyond the seas, and prejudice of this kingdom in general, notwithstanding an act of parliament made in the twelfth year of his said Majesty's reign for prevention thereof, entituled, An act for prohibiting the planting, setting or sowing of tobacco in England and Ireland; and forasmuch as it is found by experience, that the reason why the said planting and making of tobacco doth continue, is, That the penalties prescribed and appointed by that law are so little, as to have neither power or effect over the transgressors thereof; For remedy therefore of so great an evil, Be it enacted by the authority aforesaid, That all and every the person or persons whatsoever, that do, or shall at any time hereafter set, plant or sow any tobacco in seed, plant or otherwise, in or upon any ground, field, earth, or place within the kingdom of England, &c. shall, over and above the penalty of the said act for that purpose ordained, for every such offence forfeit and pay the sum of ten pounds for every rod or pole of ground that he or they shall so plant, set, or sow with tobacco, and so proportionably for a greater or lesser quantity of ground; one third part thereof to the King, one other third part to the poor of such respective parish or parishes wherein such tobacco shall be so planted, and the other third thereof to him or them that shall sue for the same." "Physic gardens excepted as before."
This penalty also proving insufficient to put a stop to the cultivation, it was found necessary in the twenty-second year of the reign of the said Charles the Second to enforce it by the following act, entitled, "An act to prevent the planting of tobacco in England, and regulating the plantation trade."
"Whereas the sowing, setting, planting and curing of tobacco, within divers parts of the kingdom of England, doth continue and increase, to the apparent loss of his Majesty's customs, and the discouragement of his Majesty's plantations in America, and great prejudice of the trade and navigation of this realm, and the vent of its commodities thither, notwithstanding an act of parliament made in the twelfth year of his Majesty's reign that now is, for the prevention thereof, entitled, 'An act for prohibiting the planting, setting, or sowing of tobacco in England and Ireland;' And also one other act of this present parliament, made in the fifteenth year of his said Majesty's reign, entitled, 'An act for the encouragement of trade.'
"And forasmuch as the remedies and provisions by these laws are found not large enough to obviate and prevent the planting thereof, Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in Parliament assembled, and by the authority of the same, That from and after the first day of May, which shall be in the year of our Lord, One Thousand Six Hundred and Seventy-one, all justices of the peace, within their several limits and jurisdictions, shall and do, a month before every general quarter-sessions to be holden for their respective counties, issue forth their warrants to all high-constables, petty-constables, and tything-men, within their several limits, thereby requiring the said high-constables, petty-constables and tything-men, and every of them, to make diligent search and inquisition, what tobacco is then sown, set, planted, growing, curing, cured or made within their several and respective limits and jurisdictions, and by whom; and to make a true and lawful presentment in writing upon oath, at the next general quarter-sessions to be holden for such county, of the names of all such persons as have sown, set, planted, cured or made any tobacco; and what the full quantity of land is, or was sown, set or planted therewith, and who are the immediate tenant or tenants, or present occupiers of the land so sown, set or planted, who are or shall be deemed planters thereof, to all intents and purposes.
"Which said presentment upon oath, shall be received and filed by the clerk of the said county in open sessions; and after such receipt and filing, shall be a sufficient conviction in law to all intents and purposes, of all such persons as shall be so presented for the sowing, setting, planting, improving to grow, making or curing tobacco, either in seed, plant, leaf, or otherwise, contrary to the said recited act or either of them; unless such person or persons so presented shall, according to the usual forms, traverse such presentment.
"And it is hereby further enacted, That all constables, tything-men, bailiffs, and other public officers, shall and do within their respective jurisdictions, from time to time, as often as occasion shall require, within fourteen days after warrant from two or more of the justices of the peace within such county, town, city or place, to them, calling to their assistance such person or persons as they and every of them shall find convenient and necessary, pluck up, burn, consume, tear to pieces, and utterly destroy, all tobacco seed, plant, leaf, planted, sowed, or growing in any field, earth or ground."