p. 1719 C
REGULATIONS FOR THE NEWFOUNDLAND FISHERY.
FEBRUARY 10, 1634.
mdd qd xo die ffebr Ao R Caroli nono billa delibat fuit dno Custodi magni Sigilli Angl apud Westm exequend.
CHANCERY WARRANTS, SERIES II., FILE 2106, No. 525.
Charles by the grace of God Kinge of England Scotland ffraunce and Ireland Defendor of the faith &ca To all whome these pntes shall come Greetinge Whereas the Region or Country called Newfoundland hath beene acquired to the Dominion of or Progenitors wch wee hould and or people have many Yeares resorted to those partes where, and in the Coastes adioyninge, they imployed themselves in fishing whereby a greate number of or people have been set on worke, and the Navigation, and Marriners of or realme hath ben much increased, And or Subiects resorting thither on by the other,* and the Natives of those parties, were orderlie and gentlie intreated vntill of late some of or Subiectes of the Realme of England plantinge themselves in that Country, and there residinge, and inhabitinge, vpon conceipt, that for wronge or Iniuries done there, either on the Shorare, or in the Sea adioyninge, they cannot be here impeached, and the rather for that wee, or or Progenitors have not hithervnto given lawes to the Inhabitantes there; and by that example or Subiectes resortinge tither iniure one anohter, and vse all manner of excesse, to the greate hinderance of the voyage, and coon damage of this Realme, ffor preventige such inconveniencies hereafter, wee doe hereby declare in what manner or people in Newfoundland, and upon the Sea adioyninge, and the Bayes, Creekes, or freshe Rivers there shalbe guided and governed Doe make and ordeyne the lawes following in the thinge after specified, Doe make and ordeyne the lawes followinge in the thinge after specified, comaundinge that the same bee obeyed and put in execution.
First if any man on the land there shall kill another, of if any shall secretly or forceablie steale the goodes of any other to the value of fforty shillinges, hee shalbe forthwith apprehended and arrested, detayned and brought Prisoner into England, and the bryme co-itted by him, shalbe made knowne to the Earle Marshall of England for the tyme beinge to whom the delinquent shalbe delivered as Prisoner, And the said Earle Marshall shall take Cognizance of the cause, And if hee shall finde by the Testimonie of two witnesses or more
that the partie had there killed a man not beinge at that tyme first assaulted, by the party slayne, or that the killing were by misadventure, or had stolen such goodes, the delinquent shall suffer paine of death, and all the company shall endeavor to apprhend such malefactors
Secondly That noe Ballast, Prestones, or any thinge els hurtefull to the Harbours bee throen out, to the preiudice of the said Harbours, but that it bee carried ashoare, and layed where it may not doe annoyance.
Thirdly That noe person whatsoever either ffishermen or Inhabitantes doe destroy, deface, or any way worke any spoyle or detriment to any Stage Cooke-roome, fflakes, Spikes, Nayles or any thinge else, that belongeth to the Stages whatsoever, either at the ende of the voyage when he hath done, and is to departe the Country, or to any such Stages as he shall fall wthall at his cominge into the Country, but that hee or they content themselves with such Stage or Stages only as shalbee needeful for them, And that for the repayringe of such Stages as hee or they take, they shall fetch Tymber out of the Woodes, and not to doe it with the ruininge, or tearinge downe of other Stages.
Fowerthly that accordinge to the auncient custom everie Shipp or ffisher that first entreth a Harbour in behalf of the shipp, bee Admirall of the said Harbour wherein for the time beinge hee shall reserve only so much Beach and ffiakes or both as is needefull for the number of Boates that he shall vse with an overplus only for one Boate more then hee needeth as a priviledge for his first cominge, And that everie Shipp cominge after, content himselfe wth what he shall have necessarie vse for, without keepinge or deteyninge any more, to the preiudice of others next cominge, And that any that are possessed of severall places in severall Harbours with intent to keepe them all before they can resolve upon wch of them to choose, shalbe bound to resolve, and send advise to such after coers in those places as expect his resolucon, And that wthin forty eight howers if the weather so serve, that the said after coers may likewise choose their places, and so none receive priudice by others delayes.
Fiftly,* That noe person cut out, deface, or anyway alter or change the markes of any Boates or Trayne fattes whereby to defraud the right owners, and that noe person convert to his owne vse the said Boates or Traynefattes so belonginge to others wthout their consentes, nor remove nor take them from the places where they bee left by the Owners, Except in case of necessitie, And then to give notice thereof to the Admirall, and others whereby the right owners may knowe what is become of them.
Sixtly* That noe person doe diminish, take away, purloine, or steak any of the fishe on Trayne, or Salt wch is put in Caskes, Trayne fattes or Cookerome* or other house in any of the Harbours or fishinge places of the Country, or any other provision belonginge to the fishinge trade, or to the Shippes.
Seaventhly That noe peson set fire in any of the woodes of the Country or worke any detriment or destruction to the same, by Ryndinge of the Trees, either for the seelinge of Shippes, houldes, or for Roomes on Shoare, or for any other vses Except for the coveringe of the Roofes for Cookeroomes to dresse their meate in, and those Roomes not to extend above sixteene foote in length at the most.
Eightlie,* That noe man cast Anchor or ought else hurtfull, wch may breede annoyance, or hinder the haleinge of Seanes* for baite in places accustomed therevunto.
Nynthlie, That noe p'son robb the Nettes of others out of any drifte boate, or drover for baite by night, nor take away any baite out of their fishing boates by their Shipps sides, nor robb or steale any of their Nettes, or anie parte thereof.
Tenthly That noe person doe set vp any Taverne for sellinge of wyne Beere, or stronge waters Cyder or Tobacco, to entertayne the ffishermen, because it is found that by such meanes they are debauched, neglectinge thar labors and poore illgoverned men not only spend most part of their shares before they come home, vpon wch the life and mayntenance of their wife and Children depende but are likewise hurtfull in divers other waies, as by neglectinge and making themselves vunfit for their labour by purloyninge their disordrs &ca wch dishorders they frequently followe since those oc-ons have presented themselves.
Lastly That upon the Sondaies the Company assemble in meete places, and have devine service to bee said by some of the Masters of the Shippes or some others, wch prayers shalbe such as are in the Booke of Common Prayer.
And because that speedie punishment may bee inflicted vpon the Offendors against those lawes and Constituons, Wee do ordaine, that everie of the Maiors of Southampton Weymouth and melcomb Regis, Lyme, Plymouth Dartmouth, Eastlowe, ffoye, and Barnestaple for the tyme beinge may take cognizans of all complayntes, made by any offenor against anie of these ordinances vpon the land, and by oath of witnesses examine the truth thereof, aware amendes to the parties greeved, and punishe the delinquentes by fine imprisonment, or either of them, and of their goodes found in the partes of Newfoundland, or inthe Sea, cause satisfaction thereof to bee made by warrantes vnder their handes and Seales.
And the Viceadmiralles in or Counties of Sourthampton, Dorsett, Devon, and Cornewall vpon complainte made of any of the premisses coitted vpon the Sea shall speedily and effectually proceede against the Offendors
Also wee will and ordeyne, that tese lawes and ordinances shall stand in force, and put in due execution, vntill wee shall otherwise provide and ordaine.
And wee require the Admirall in everie Harbour in this next Season
ensuinge callinge together, such as shalbee in that harborough* publiquelie to proclayme these presentes, And that they also proclayme the same on the Shore. In witnes &c Witnes &c
Exr p WM. NOYE
5 ffebr 1633.
May it please your most ext: Matie: Vpon an humble Petion p'nted to yor Maty in the name of the Marchantes of Plimouth, and other Westerne Townes trading to Newfound land complayninge of sundrie abuses yor Maty referred the same to the Councell Board, where their Lopps having heard the same, required yor Attorney generall to call before him some such sons of those Westerne partes as might give him true informaon of those abuses, wch was done, Wherevpon these proposions weere conceived for the geall good of yor Mats Service of which their Lopps well approving, comaunded the same posicons to bee vided for yor Royall signature, and to passe yor greate Seale, and that a sufficient number of Coppies shalbe printed and published aswell in the Westerne partes of this Kingdome as in the Newfound land. to the ende all men whome it shall in any sort concerne may take notice thereof and yeild due obedience therevnto accordingly.
recepi 10 februar 1633.
On the back is:—
Our will and pleasure is that this being for or especial Service shall pass by our imediate warrante.