HIS MAIESTIES Commission, for the well-gouerning of His subiects inhabiting in the New-found-land.
VVhereas the Region, or [Page 2]Countrey called New-found-land, hath beene acquired to the Dominion of Our Progenitors; which VVe hold, and Our people 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 Nauigation and Marriners of Our Realme hath been much increased.
And Our Subiects resorting thither, one by the other, and the natiues of those parts were orderly [Page 3]and gently intreated, vntill of late some of Our Subiects of the Realme of England, planting themselues 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 cannot be here impeached, and the rather, for that We, or Our Progenitors, haue not hitherto giuen Lawes to the Inhabitants there, and by that example, Our Subiects resorting thither, iniure one another, and vse all manner of excesse to the great hinderance of [Page 4]the voyage, and common dammage of this Realme: For preuenting such inconueniencies hereafter, VVee doe hereby declare in what manner our people in New-found-land and vpon the Sea adioyning, and the Bayes, Creekes, or fresh Riuers there, shall be guided and gouerned: Doe make and ordayne the Lawes following in the things after specified; Commanding 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 [Page 5]the goods of any other to the value of Forty shillings; he shalbe forthwith apprehended & arrested, detayned 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 Delinquent shall bee deliuered as Prisoner; And the said Earle Marshall shal 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 being at that time first assaulted by the party slaine, or that [Page 6]the killing were by mis-aduenture, or had stollen such goods; the Delinquent shall suffer paine of death, and all the company shall endeauor to apprehend such malefactor.
Secondly, That no Ballast, Prestones, or any thing else hurtfull 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 whatsoeuer, either Fishermen or Inhabitants doe destroy, deface, or any [Page 7]way worke any spoyle or detriment 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 Countrey, 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 Tymber out of the woods, and not to do [Page 8]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 Harbour, 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 [Page 9]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 Harbours, 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 places 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 [Page 10]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 defraud 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, except in case of necessity, and then to giue notice thereof to the Admirall and others, whereby the right owners may know what is become of them.
Sixtly, that no person doe diminish, 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 Harbours or Fishing places of the Countrey, or any other prouision 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 detriment or destruction to the same, by Rynding of the Trees, either for the seeling of Shippes, holdes, [Page 12]or for Roomes on Shoare, or for any other vses, Except for the couering of the roofes for Cookeroomes 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 [Page 17]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 debauched, neglecting their labours, and poore ill-gouerned men, not onely spend most part of their shares before they come home, vpon which the life and [Page 18]maintenance of their wife and children dependeth, but are likewise hurtfull in diuers other wayes, as by neglecting and making themselues vnfit for their labour, by purloyning and stealing from their owners, and by making vnlawfull shifts to supply their disorders, &c. which disorders they frequently follow since these occasions haue presented themselues.
Lastly, That vpon the Sundayes the Company assemble in meet places, and haue diuine Seruice to bee said by some of the [Page 19]Masters of the Shippes, or some others, which prayers shall bee such as are in the Booke of Common Prayer.
And because that speedy punishment 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 Cognizans of all complaints made by any offender against any of these [Page 20]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 Imprisonment, 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, vpon complaint made of any of the pre [...]isses committed vpon the [Page 21]Sea, shall speedily and effectually proceed against the offenders.
Also We Will and Ordaine, that these Lawes and Ordinances, shall stand in force, and bee put in due execution, vntill VVe shall otherwise prouide and ordaine.
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 proclaime these presents.
And that they also proclaime the same on the Shore.
In witnesse whereof Wee haue caused these Our Letters to bee made Patents.
God saue the King.