British Royal Proclamations Relating to America, 1603-1783

1637, April 30.

[Regulating Emigration to America.]

BY THE KING.

A Proclamation against the disorderly Transporting His Majesties Subjects to the Plantations within the parts of America.

The Kings most Excellent Majestie being informed that great numbers of His Subjects have bin, and are every yeare transported into those parts of America, which have been granted by Patent to severall persons, and there settle themselves, some of them with their families and whole estates: amongst which numbers there are also many idle and refractory humors, whose onely or principall end is to live as much as they can without the reach of authority: His Majestie having taken the premisses into consideration, is minded to restraine for the time to come such promiscuous and disorderly departing out of the Realme; And doth therefore straitly charge and command all and every the Officers and Ministers of his severall Ports in England, Wales, and Barwick, That they doe not hereafter permit or suffer any persons, being Subsidie men, or of the value of Subsidie men,[1] to embarque themselves in any of the said Ports, or the members thereof, for any of the said Plantations, without Licence from His Majesties Commissioners for Plantations first had and obtained in that behalfe; Nor that they admit to be embarqued any persons under the degree or value of Subsidymen, without an Attestation or Certificate from two Justices of the Peace living next the place where the party last of all, or lately then before dwelt, that he hath taken the Oaths of Supremacie, and Allegiance, and like Testimony from the Minister of the Parish of his conversation and conformity to the Orders and discipline of the Church of England.[2] And further His Majesties expresse will and pleasure is, That the Officers and Ministers of his said severall Ports, and the Members thereof, do returne to His Majesties said Commissioners for Plantations every halfe yeare a particular and perfect List of the names and qualities of all such persons as shall from time to time be embarqued in any of the said Ports for any of the said Plantations. And of these His Majesties Royall Commands, all the Officers and Ministers of His said Ports, and the Members thereof are to take care, as they will answer the neglect thereof at their perils.

Given at Our Court at Whitehall the last day of Aprill, in the thirteenth yeare of Our Reigne.

God save the King.

Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of John Bill. 1637.

1 p. folio. Copies in B. M., Camb., Canterbury, Crawf., and P. C.; also in Boston Public Library. Entered on Patent Rolls. Printed in Rymer's "Foedera," xx, 143.

FOOTNOTES:

[1] Men who could pay the "subsidy," or tax assessed in favor of the Crown.

[2] Adam Anderson, the early historian of British commerce, in referring to this proclamation, says: "This was levelled against the Puritans, then going in great numbers to New England, to avoid persecution at home; and a better example need not be desired of the wisdom and character of this King, and his favourites and ministers" (Origin of Commerce, ii, 492). The proceedings against the Massachusetts charter had just been brought to a close in April, 1637, with a judgment decreeing that it should be vacated. On April 30 came this proclamation. On May 3 the Privy Council ordered that the attorney-general should "call in" for the patent for New England and present it to the Committee for Foreign Plantations (Acts of Privy Council, i, 217). A commission was issued which arrived at Boston, June 3, establishing a general government for New England (Winthrop, History of New England, i, 269). Among the papers in the Public Record Office is the draft of a "Manifesto" of the King, dated July 23, 1637, establishing a general government in New England and declaring his intention of appointing Sir Ferdinand Gorges as governor (Cal. State Papers, Colonial, 1574-1660, p. 256). These various restrictive measures all grew out of the Anglican unwillingness to countenance this Puritan asylum in the New World.

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