A COMMISSION for the well governing of Our people, inhabiting in Newfoundland; Or, Traffiquing in Bays, Creeks, or fresh Rivers there. ¶ Imprinted at London by ROBERT BARKER, Printer to the Kings most Excellent MAJESTY: And by the Assigns of JOHN BILL. M.DC.XXXIII. HIS MAJESTY'S Commission, for the well-governing of His subjects inhabiting in the Newfoundland. CHARLES by the grace of GOD, King of England, Scotland, France, and Ireland, Defender of the Faith, etc. To all to whom these presents shall come, greeting. Whereas the Region, or Country called Newfoundland, hath been acquired to the Dominion of Our Progenitors; which We hold, and Our people have many years resorted to those parts, where, and in the coasts adjoining they employed themselves in Fishing, whereby a great number of Our people have been set on work, and the Navigation and Mariners of Our Realm hath been much increased. And Our Subjects resorting thither, one by the other, and the natives of those parts were orderly and gently entreated, until of late some of Our Subjects of the Realm of England, planting themselves in that Country, and there residing and inhabiting, upon conceit, that for wrongs or injuries done there, either on the Shore, or in the Sea adjoining, they cannot be here impeached, and the rather, for that We, or Our Progenitors, have not hitherto given Laws to the Inhabitants there, and by that example, Our Subjects resorting thither, injure one another, and use all manner of excess to the great hindrance of the voyage, and common damage of this Realm: For preventing such inconueniencies hereafter, We do hereby declare in what manner our people in Newfoundland and upon the Sea adjoining, and the Bays, Creeks, or fresh Rivers there, shall be guided and governed: Do make and ordain the Laws 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 forceably steal the goods of any other to the value of Forty shillings; he shallbe forthwith apprehended & arrested, detained and brought Prisoner into England, and the crime committed by him shallbe made known to the Earl Martial of England for the time being: to whom the Delinquent shall be delivered as Prisoner; And the said Earl Martial shall take Cognizance of the cause: And if he shall find by the testimony of two witnesses or more, that the party had there killed a man not being at that time first assaulted by the party slain, or that the kill were by misadventure, or had stolen such goods; the Delinquent shall suffer pain of death, and all the company shall endeavour to apprehend such malefactor. Secondly, That no Ballast, Prestones, or any thing else hurtful to the Harbourers be thrown out to the prejudice of the said Harbours, but that it be carried a shore, and laid where it may not do annoyance. Thirdly, That no person whatsoever, either Fishermen or Inhabitants do destroy, deface, or any way work any spoil or detriment to any Stage, Cookeroome, Flakes, Spikes, Nails, or any thing else, that belongeth to the Stages whatsoever, either at the end of the voyage when he hath done, and is to departed the Country, or to any such Stages as he shall fall withal at his coming into the Country, but that he of they content themselves with such Stage or Stages only, as shall be needful for them: And that for the repairing of such Stages, as he or they take, they shall fetch Timber out of the woods, and not to do it with the ruining or tearing down of other Stages. Fourthly, That according to the ancient custom every Ship or Fisher that first entereth a Harbour, in behalf of the Ship be Admiral of the said Harbour, wherein for the time being, he shall reserve only so much Beach and Flakes, or both, as is needful for the number of boats that he shall use, with an overplus only for one Boat more than he needeth, as a privilege for his first coming. And that every Ship coming after, content himself with what he shall have necessary use for, without keeping or detaining any more to the prejudice of others next coming. And that any that are possessed of several places in several Harbours, with intent to keep them all, before they can resolve upon which of them to choose, shall be bound to resolve and send advice to such after comers in those places as expect his resolution, and that within forty eight hours, if the weather so serve, that the said after comers may likewise choose their places, and so none receive prejudice by others delays. Fiftly, That no person cut out, deface, or any way alter, or change the marks of any Boats, or Traine-fats, whereby to defraud the right owners. And that no person convert to his own use, the said Boats or Traine-fats so belonging to others, without their consents, nor remove, nor take them from the places where they be left by the owners, except in case of necessity, and then to give notice thereof to the Admiral and others, whereby the right owners may know what is become of them. Sixtly, that no person do diminish, take away, purloin, or steal any of the Fish, or Train, or Salt which is put in Cask, Traynefats or Cookeroome, or other house in any of the Harbours or Fishing places of the Country, or any other provision belonging to the fishing trade, or to the Ships. Seventhly, That no person set fire in any of the wood of the Country, or work any detriment or destruction to the same, by Rynding of the Trees, either for the ceiling of Ships, holds, or for Rooms on Shore, or for any other uses, Except for the covering of the roofs for Cooke-roomes to dress their meat in, and these Rooms not to extend above sixteen foot in length at the most. Eightly. That no man cast Anchor, or aught else hurtful, which may breed annoyance, or hinder the haleing of Seanes for bait in places accustomed thereunto. Ninthly, That no person rob the Nets of others out of any drift Boat or Drover for bait by night, nor take away any bait out of their Fishing-boats by their Ships sides, nor rob or steal any of their Nets, or any part thereof. Tenthly, That no person do set up any Tavern for selling of Wine, Beer, or strong Waters, Cider, or Tobacco, to entertain the Fishermen, because it is found that by such means they are debauched, neglecting their labours, and poor ill-governed men, not only spend most part of their shares before they come home, upon which the life and maintenance of their wife and children dependeth, but are likewise hurtful in diverse other ways, as by neglecting and making themselves unfit for their labour, by purloining and stealing from their owners, and by making unlawful shifts to supply their disorders, etc. which disorders they frequently follow since these occasions have presented themselves. Lastly, That upon the Sundays the Company assemble in meet places, and have divine Service to be said by some of the Masters of the Ships, or some others, which prayers shall be such as are in the Book of Common Prayer. And because that speedy punishment may be inflicted upon the offenders against those Laws and Constitutions; We do ordain that every of the Majors 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 Ordinances upon the land, and by oath of Witnesses, examine the truth thereof, award amends to the parties grieved, and punish the deliuquents by Fine, and Imprisonment, or either of them, and of their goods sound in the parts of Newfoundland, or in the Sea, cause satisfaction thereof to be made by Warrants under their hands and seals. And the Vice-admirals' in Our Counties of Southampton, Dorset, Devon, and Cornwall, upon complaint made of any of the premises committed upon the Sea, shall speedily and effectually proceed against the offenders. Also We Will and Ordain, that these Laws and Ordinances, shall stand in force, and be put in due execution, until We shall otherwise provide and ordain. And We do require the Admiral in every Harbour in this next Season ensuing, calling together such as shall be in that Harbour, publicly to proclaim these presents. And that they also proclaim the same on the Shore. In witness whereof We have caused these Our Letters to be made Patents. Witness ourself at Westminster, the tenth day of February, in the ninth ●eere of Our Reign. Willys. God save the King.