A commission for the well gouerning of our people, inhabiting in New-found-land; or, traffiquing in bayes, creekes, or fresh riuers there

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Title
A commission for the well gouerning of our people, inhabiting in New-found-land; or, traffiquing in bayes, creekes, or fresh riuers there
Author
England and Wales. Sovereign (1625-1649 : Charles I)
Publication
Imprinted at London :: By Robert Barker, printer to the Kings most excellent Maiestie: and by the assignes of Iohn Bill,
M.DC.XXXIII. [1633, i.e. 1634]
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Subject terms
Newfoundland -- Politics and government -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/B13202.0001.001
Cite this Item
"A commission for the well gouerning of our people, inhabiting in New-found-land; or, traffiquing in bayes, creekes, or fresh riuers there." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/B13202.0001.001. University of Michigan Library Digital Collections. Accessed June 6, 2024.

Pages

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HIS MAIESTIES Commission, for the well-gouer∣ning of His subiects inhabi∣ting in the New-found-land.

CHARLES by the grace of GOD, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To all to whom these presents shall come, greeting.

VVhereas the Region, or

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Countrey called New-found-land, hath beene acquired to the Dominion of Our Progenitors; which VVe hold, and Our peo∣ple haue many yeeres resorted to those parts, where, and in the coasts adioyning they imployed themselues in Fishing, whereby a great number of Our people haue beene set on worke, and the Naui∣gation and Marriners of Our Realme hath been much increa∣sed.

And Our Subiects resorting thither, one by the other, and the natiues of those parts were order∣ly

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and gently intreated, vntill of late some of Our Subiects of the Realme of England, planting them∣selues in that Countrey, and there residing and inhabiting, vpon conceit, that for wrongs or iniuries done there, either on the Shoare, or in the Sea adioyning, they can∣not be here impeached, and the rather, for that We, or Our Pro∣genitors, haue not hitherto giuen Lawes to the Inhabitants there, and by that example, Our Sub∣iects resorting thither, iniure one another, and vse all manner of ex∣cesse to the great hinderance of

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the voyage, and common dam∣mage of this Realme: For preuen∣ting such inconueniencies hereaf∣ter, VVee doe hereby declare in what manner our people in New-found-land and vpon the Sea ad∣ioyning, and the Bayes, Creekes, or fresh Riuers there, shall be guided and gouerned: Doe make and or∣dayne the Lawes following in the things after specified; Comman∣ding that the same be obeyed and put in execution.

First, if any man on the land there shall kill another, or if any shall secretly or forceablie steale

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the goods of any other to the value of Forty shillings; he shalbe forth∣with apprehended & arrested, de∣tayned and brought Prisoner into England, and the crime committed by him shalbe made known to the Earle Marshall of England for the time being: to whom the Delin∣quent shall bee deliuered as Priso∣ner; And the said Earle Marshall shal take Cognizance of the cause: And if hee shall finde by the testi∣monie of two witnesses or more, that the partie had there killed a man not being at that time first as∣saulted by the party slaine, or that

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the killing were by mis-aduenture, or had stollen such goods; the De∣linquent shall suffer paine of death, and all the company shall endeauor to apprehend such ma∣lefactor.

Secondly, That no Ballast, Prestones, or any thing else hurt∣full to the Harbourers be throwne out to the preiudice of the said Harbours, but that it be carried a shoare, and laid where it may not doe annoyance.

Thirdly, That no person what∣soeuer, either Fishermen or Inha∣bitants doe destroy, deface, or any

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way worke any spoyle or detri∣ment to any Stage, Cookeroome, Flakes, Spikes, Nayles, or any thing else, that belongeth to the Stages whatsoeuer, either at the end of the voyage when hee hath done, and is to depart the Coun∣trey, or to any such Stages as hee shall fall withall at his comming into the Countrey, but that hee of they content themselues with such Stage or Stages onely, as shall bee needefull for them: And that for the repayring of such Stages, as he or they take, they shall fetch Tym∣ber out of the woods, and not to do

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it with the ruining or tearing down of other Stages.

Fourthly, That according to the ancient custome euery Shippe or Fisher that first entreth a Har∣bour, in behalfe of the Shippe bee Admirall of the said Harbour, wherin for the time beeing, he shall reserue onely so much Beach and Flakes, or both, as is needefull for the number of boates that hee shall vse, with an ouerplus only for one Boate more then hee needeth, as a priuiledge for his first comming.

And that euery Ship comming after, content himselfe with what

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hee shall haue necessary vse for, without keeping or detaining any more to the preiudice of others next comming.

And that any that are possessed of seuerall places in seuerall Har∣bours, with intent to keepe them all, before they can resolue vpon which of them to choose, shall be bound to resolue and send aduice to such after commers in those pla∣ces as expect his resolution, and that within fourty eight howres, if the weather so serue, that the said after commers may likewise chuse their places, and so none receiue

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preiudice by others delayes.

Fiftly, That no person cut out, deface, or any way alter, or change the markes of any Boats, or Traine-fats, whereby to de∣fraud the right owners. And that no person conuert to his owne vse, the said Boats or Traine-fats so belonging to others, without their consents, nor remoue, nor take them from the places where they be left by the owners, ex∣cept in case of necessity, and then to giue notice thereof to the Ad∣mirall and others, whereby the right owners may know what is become of them.

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Sixtly, that no person doe di∣minish, take away, purloyne, or steale any of the Fish, or Traine, or Salt which is put in Caske, Traynefats or Cookeroome, or other house in any of the Har∣bours or Fishing places of the Countrey, or any other prouisi∣on belonging to the fishing trade, or to the Shippes.

Seuenthly, That no person set fire in any of the wood of the Countrey, or worke any detri∣ment or destruction to the same, by Rynding of the Trees, either for the seeling of Shippes, holdes,

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or for Roomes on Shoare, or for any other vses, Except for the co∣uering of the roofes for Cooke∣roomes to dresse their meate in, and these Roomes not to extend aboue sixteene foot in length at the most.

Eightly. That no man cast Ancor, or ought else hurtfull, which may breede annoyance, or hinder the haleing of Seanes for baite in places accustomed thereunto.

Ninthly, That no person robbe the Netts of others out of any drift Boate or Drouer for

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bait by night, nor take away any bait out of their Fishing-boats by their Shippes sides, nor robbe or steale any of their Nettes, or any part thereof.

Tenthly, That no person doe set vp any Tauerne for selling of Wine, Beere, or strong Waters, Cyder, or Tobacco, to entertaine the Fishermen, because it is found that by such meanes they are de∣bauched, neglecting their la∣bours, and poore ill-gouerned men, not onely spend most part of their shares before they come home, vpon which the life and

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maintenance of their wife and children dependeth, but are like∣wise hurtfull in diuers other wayes, as by neglecting and ma∣king themselues vnfit for their labour, by purloyning and stea∣ling from their owners, and by making vnlawfull shifts to supply their disorders, &c. which disor∣ders they frequently follow since these occasions haue presented themselues.

Lastly, That vpon the Sun∣dayes the Company assemble in meet places, and haue diuine Ser∣uice to bee said by some of the

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Masters of the Shippes, or some others, which prayers shall bee such as are in the Booke of Com∣mon Prayer.

And because that speedy pu∣nishment may be inflicted vpon the offenders against those Lawes and Constitutions;

Wee doe ordaine that euery of the Maiors of Southampton, Weymouth, and Melcombe Regis, Lynne, Plymouth, Dartmouth, Estlow, Foye and Barnestable, for the time being, may take Cog∣nizans of all complaints made by any offender against any of these

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Ordinances vpon the land, and by oath of Witnesses, examine the truth thereof, award amends to the parties grieued, and punish the deliuquents by Fine, and Im∣prisonment, or either of them, and of their goods sound in the parts of New-found-land, or in the Sea, cause satisfaction thereof to bee made by Warrants vnder their hands and seales.

And the Vice-Admirals in Our Counties of Southampton, Dorset, Deuon, and Cornewall, vp∣on complaint made of any of the preisses committed vpon the

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Sea, shall speedily and effectually proceed against the offenders.

Also We Will and Ordaine, that these Lawes and Ordinan∣ces, shall stand in force, and bee put in due execution, vntill VVe shall otherwise prouide and or∣daine.

And VVee doe require the Admirall in euery Harbour in this next Season ensuing, calling together such as shall bee in that Harbour, publiquely to pro∣claime these presents.

And that they also proclaime the same on the Shore.

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In witnesse whereof Wee haue caused these Our Letters to bee made Patents.

Witnesse our selfe at Westminster, the tenth day of February, in the ninth eere of Our Reigne.

Willys.


God saue the King.
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