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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A78079 By the Company of the Royal Fishery of England Company of the Royal Fishery of England. 1681 (1681) Wing B6361A; ESTC R222579 6,942 12

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By the COMPANY Of the Royal Fishery of ENGLAND FOrasmuch as all Persons who may be desirous to Promote the Fishery Affairs under the Management of this Company may not have the conveniency of Resorting to the place in London where the Books for Subscription of the Stock proposed for carrying on the same shall be exposed and wherein for the Satisfaction and Encouragement of such as please to peruse the same is contained a fair Transcript of the Letters Patents Constitution or Frame of Government and Articles Terms or Conditions upon which All and Singular Persons may be Admitted into the said Company and be Traders and Adventurers with them And to the End the said Affair may become as General and National as may be The Company hath thought fit to cause the Premises to be Abbreviated Printed and Published in these Presents That such as shall be willing to be concerned therein may have the substance of the Contents before them for their Consideration viz. First The Abstract of the Letters Patents for their Incorporation which is as followeth viz. HIS late Majesty King Charles the Second by Letters Patents under the Great Seal of England bearing Date the 25th day of September 1677. was pleased to Constitute His Royal Highness James Duke of York Thomas Earl of Danby and several other Persons of Honour and others therein Named and such others as afterwards from time to time should be Admitted into their Company and Society to be Traders and Adventurers with them to be One Body Politick and Corporate in Deed and in Name By the Name of The Company of the Royal Fishery of ENGLAND To have perpetual Succession Investing them and their Successors with divers Powers and Priviledges in order to the better Government of the said Company and Management of their Affairs And more particularly amongst others I. To meet Yearly for the Electing and Appointing a Governour Sub-Governour Deputy-Governour and 12 Committees for a Court of Assistants who or any Three or more of them whereof the Governour Sub-Governour or Deputy-Governour to be always One are thereby Authorized to Act in all things according to such Rules Orders and Directions as should from time to time be made and given unto them by the General Court and for want of such Orders Rules and Directions to Manage Govern Direct and do what they should judge Necessary and Expedient to the well Ordering and Government of the said Company and the Improvement of their joynt Stock and Trade to all Intents and Purposes as if the same were done at and by a General Court of the said Company And that the said Court of Assistants or any Seven or more of them as aforesaid as often as they shall find occasion may Summon a General Court II. That no Assembly or Meeting of the said Company shall be deemed a General Court unless the Governour Sub-Governour or Deputy-Governour Six of the said Committees and Five other Members of the said Company at least be present III. That such General Court may admit other Persons to be Members and may Increase Contract or Divide their joynt Stock as they shall think fit And the Members thereof may Grant Transfer and Assign their respective Stocks IV. That such General Court may Make Ordain and Establish such and so many Good Necessary and Reasonable Laws Ordinances Orders and Constitutions as to them shall seem convenient for the good Government of the Company and their Affairs and may impose and set Mulcts and Amerciaments upon the breakers of such Laws or may Remit Pardon or Release the same upon the Parties Submission And upon Conviction of any Misdemeanor may remove Offenders and choose others V. That they may Fish in and upon all the Coasts Creeks In-lets Rivers Arms of the Sea belonging to His Majesty's Kingdoms of England Scotland and Ireland or any of them or any other His Majesty's Dominions whereof the Fishings are not already Granted Appropriated or belonging to some particular or private Person or Persons Bodies Politick or Corporate and likewise in and upon the Main Sea or any part thereof And have free and full Liberty to Carry and Transport their Fish and Oyl made of Fish to all Ports Places and Markets both in England and beyond the Seas and to Sell the same for ready Moneys or Commodities VI. That they may Erect Store-Houses Granaries Ware-Houses Work-Houses and may build and make Wharfs and Docks in and upon any of His Majesty's Wastes Commons or Waste-Grounds without paying or rendring any Rent or Duty to His Majesty for the same And that neither their Masters Skippers Steers-men Ships-Crews Mariners Fisher-men nor others Employed by the Company in their Fishings whether Foreigners or Natives shall be Impannel'd Sworn or Compelled to Serve on any Juries or Inquests at Westminster the Assizes Sessions or elsewhere VII They have also granted to them 20 l. for each and every Dogger which they then had and which within 7 Years they should Build in England or any other His Majesty's Dominions the same to be paid Quarterly out of the Customs within the Port of London without further Warrant or Directions from His Majesty VIII They have also granted unto them All and Singular Priviledges in the City of London as fully and freely as any Company of Merchants Established by Letters Patents or Charters do or may have Use or Enjoy IX That all and singular Admirals Vice-Admirals General Commanmanders Captains Mayors Sheriffs Justices of the Peace Custom-House-Officers and all other Officers Ministers Liege-men and Subjects of His Majesty's whatsoever shall be in and by all things Aiding Helping and Assisting to the said Company and their Successors their Factors Agents and Servants in the Execution and Enjoyment of the Premises as well on Land as by Sea whensoever they shall be thereunto desired As they tender His Majesty's Good-will and Pleasure and will answer the Contrary at their Peril c. Secondly The Abstract of the Present Constitution or Frame of the Government as also some Rules and Laws necessary to be Observed by the Persons concerned in Managing and Improvement of the STOCK Sect. 1. THat the Chief Government of the Company shall be in and consist of a Governour Sub-Governour Deputy-Governour and 12 Committees whereof 4 to be called Directors and 8 Masters and also of 15 Assistants viz. to each of them one Also 8 Wardens and 25 Commissioners or Agents for Scotland and Ireland and as many of the other Members of the Company as shall from time to time be agreed to be admitted who or any 15 or more of them together with the Governour Sub-Governour Deputy-Governour and their respective Assistants or one of them to be present 5 or more of the Committees 5 or more of the Assistants and 5 or more of the other Members of the Company are to have the chief Power of making Laws and Ordering the whole Affairs of the Company in their General Courts Sect. 2. That the Court of Assistants consist of
the Governour Sub-Governour Deputy-Governour the 12 Committees and their 15 Assistants who or any 7 or more of them whereof the Governour Sub-Governour Deputy-Governour or their respective Assistants to be always one 3 of the said Committees and 3 of the said Assistants are to have the chief Directing and Managing of the Affairs of the Company by their Orders And for want of such Orders may do and execute all things as the General Court may Sect. 3. That for the more Distinct and Regular Management of the said Affairs the said Court of Assistants are divided into 4 Chambers viz. 1. The Fishery Chamber 2. The Stock or Store Chamber 3. The Treasury or Cash Chamber 4 The Accompt Chamber Each of which is to consist of the Governour Sub-Governour Deputy-Governour and their respective Assistants or one of them One Director and his Assistant two Masters and their Assistants and two Wardens who or any three or more of them to be a Quorum are to Act and Execute by Rules and Instructions to be given unto them under the Seal of the Company and not otherwise in their several and respective Chambers Sect. 4. That there be other 28 Members of the Company who shall be called Agents or Officers and be employed in the respective 4 Chambers as they shall be directed by the Court of Assistants Sect. 5. That the Nomination and Election of the Governour Sub-Governour Deputy-Governour and 12 Committees shall be in and by the General Court Yearly save that not above 5 of them shall be removed in any one Year but for just Causes exprest c. The 8 Wardens and other Agents Officers or Commissioners for England Scotland and Ireland to be Nominated by the Court of Assistants or 16 of them Sect. 6. That within 20 days after Publication of Subscriptions of 150 Thousand Pounds a General Court shall be called for the Election of a Sub-Governour or Deputy-Governour and 4 Committees by the New Subscribers And afterwards Elections to be made on the 30 of November Yearly wherein not above 5 Committees to be Removed as aforesaid Sect. 7. The Articles Terms or Conditions touching the admitting of Persons into the Company are confirmed as a part of the Constitution inviolably to be observed Sect. 8. That all Subscribers who shall not be chosen for Managers c. shall be Denominated as Traders or Adventurers and their respective Shares both as to Profit and Loss Yearly stated and determined as other the Stock of the Company Sect. 9. That no Member of the Company after the 30 of November next after Subscriptions are compleated shall have any Vote in Elections or making Laws c. who shall not have 500 l. Subscribed c. Nor any Person be admitted a Member of the Court of Assistants who shall not have 1000 l. Subscribed c. or be otherwise entituled to the like Sum by Transfer Assignment or otherwise Sect. 10. One Tenth Part of the clear neat Profits is set apart for bearing the Charges of the Company Court of Assistants and 4 Chambers c. also to pay Sallaries c. to the Managing Members Officers or Servants and the Distributions and Proportions of each are thereby setled Sect. 11. The Accompts of Profit and Loss are to be Yearly stated by the Officers in the Accompt-Chambers each Year to end on the 10th of June the Court of Assistants are to Examine and Report the same to the General Court on the 10th of September following And 9 of them to Sign the brief Account thereof and each Ones Share of Profits to be paid amongst the Persons concerned Sect. 12. In case of Loss in any one Year the Stock is to be made good out of the next before any Dividend or Apportionment to Managers Officers c. save that Servants Sallaries or Wages of 30 l. per An. and under may be advanced out of the Stock and re-imbursed out of the next Years Profits And in case the Profits of any first Years shall not amount to 100 l. each Share the same shall also be made up out of the after Years Profits assigned for that purpose Sect. 13. Mentions In what cases Persons may be dismist their Offices and Employments and that the General Court or Court of Assistants Judgment shall be final for the Determination thereof Sect. 14. Sets the Fines on such as shall absent themselves from their Attendance when Summoned or upon Adjournments or for not attending so many Hours as shall be agreed upon unless in case of Corporal Illness or License from their respective Chambers Sect. 15. Directs the Custody of the Larger Seal as also of the Letters Patents Deeds Evidences of Lands granted to the Company to be kept locked up in the Treasury-Chamber under two Locks whereof the Governour Sub-Governour Deputy-Governour and Directors to have the Keys of one and their respective Assistants of the other who are to produce the same upon all occasions of the Company or Court of Assistants Also that the Trustees and each Chamber the Secretary of the Company and the respective Commissioners or Agents for Scotland and Ireland are to have one of the Lesser Seals to be used by them respectively in the Company 's Service Sect. 16. If any Differences shall arise between the Members of the Court of Assistants or several Chambers relating to the Company 's Affairs they are to be Determined by the General Court c. And the Refusers to submit thereto to be dismist their Offices and Employments Sect. 17. The Seven Trustees are named and settled and three of the other Assistants The other five Assistants are to be Elected by them out of such as shall become Subscribers to the New Stock of the Company Their after-nomination and succession is also agreed to be in by and amongst themselves or the major part of the whole fifteen Sect. 18. The Governour Sub-Governour Deputy-Governour Committees Assistants and all Subscribers before they be admitted into any Trust or Office in the Company are to declare their Approbation of and Acquiescing in the Constitution and all After-Constitutions Laws and Rules of the Company as is more at large therein exprest Thirdly The Abstract of the Forementioned Articles Terms or Conditions touching Subscriptions viz. 1. THat whosoever shall Subscribe and Pay in any Sum or Sums of Money towards a Joynt Stock for carrying on the Trade of the said Company shall be admitted into the same and have and receive all the Benefits and Advantages thereof subject to the Constitution Laws and Rules of the said Company and these Articles Terms and Conditions c. 2. That the Sum designed to be at present Subscribed be 300000 l. whereof 100000 l. by the surviving Patentees their Heirs and Assigns and the other present Members and 200000 l. more by other Persons The same to be paid into the Treasury of the said Company in manner following viz. The first Tenth Part thereof to be paid within 30 days from and after notice or publication of the
compleating the Subscriptions of the said 300000 l. or of 150000 l. at least in part thereof One Tenth Part more within three Months next after their respective first Payments and the other remaining Eight Tenth Parts by Eight equal next Successive Quarterly Payments 3. That one Tenth Part of each Sum so Subscribed shall be appropriated to and for the use and disposal of the said Trustees and of such other Persons as they shall judge have heretofore been or may hereafter be useful for or in promoting the Interest and Service of the Company without Accompt So as same nevertheless shall be and remain in the Stock for carrying on the Trade thereof And the remaining Nine Parts to and for the sole Use and Benefit of the respective Subscribers their Executors Administrators and Assigns 4. That whatsoever further Sums shall at any time hereafter be thought fit by the Company to be Subscribed and paid in for increasing the said Stock shall be in like manner subject to the Payment of the like Tenth Part c. for or towards the Reimbursement of the Subscribers said Tenth Part of the said first 300000 Pounds 5. That whosoever shall Subscribe and pay in his first Payment and shall not make his second or any after-payments by the respective days or times before limited shall forfeit his first Payment to the use of the Company and have Credit only for such after-payments as he shall make 6. That all Shares or Sums amounting to 50 l. and Assignments thereof shall be Entred and Registred and Certificates thereof Exemplified under the Seal be given for the same to such Persons as shall desire it 7. That no Person shall be hereafter admitted a Member of the Company unless he shall at the time of his Subscription declare his approbation of and submitting to these Articles and engage himself to observe and keep the same inviolably and also all such Constitutions Laws and Rules of the Company as they have or shall make for the Management and Regulation of their Trade pursuant to the Letters Patents and the present Constitution By all which 't is evident That there is 1. A Legal Foundation for this Undertaking viz. By Letters Patents from his late Majesty of Great Britain and Ireland 2. A Regular Constitution and Laws for the Management of the Affairs of the said Company so as may be safe and with Satisfaction to such as shall Subscribe and pay in their Moneys for a joynt Stock of the Company 3. Considerable Encouragements to the Subscribers of the first 300000 l. not only by their Re-imbursement of their Tenth by the Subscribers of the next 300000 l. but 3 per C●●● allowed the Subscribers of the first 150000 l. thereof out of their first three Quarter Payments by equal Proportions in case they make their Subscriptions by the days limited Some things might be published touching the great necessity and utility of the Undertaking both to the Publick and Private but divers have already written their Sentiments and informed us of the Experiences of the Wealth and Power our Neighbours have arrived unto by their Fishings in these British Seas which is an evident demonstration that the Affair duly managed and diligently attended will with God's Blessing exceed all the usual limits of Profits in other Attempts Those who have taken pains therein have also evinced that each Buss or Fishing-Vessel of about 80 Tun which will not cost above 1300 l. in Building Equipping Victualling and Wages for one Year will produce at least 1000 l. per Annum clear gain to the Company one half or third part thereof were sufficient Encouragement Also that we may Build Equip and Man our Vessels at less Charge than our Neighbours which has not hitherto been considered or put into the Estimate And that the Commodity may be rendred more grateful and acceptable by the Salt and Methods for Cure and Packing to be used therein and our Markets earlier both at home and abroad by six Weeks than theirs c. Some of those who have asserted these things in Print may be had and consulted and to that purpose are enumerated viz. 1. Sir John Burroughs Kt. in his Treatise Entituled The Soveraignty of the British Seas proved by Records History and the Municipal Laws of this Kingdom written in Anno 1633. and printed Anno 1651. Wherein he gives a distinct Account of the several Advantages made of this Fishery by our Neighbours A Treatise worthy every English Man's perusal 2. Tobias Gentleman an Experienced Fisherman in his Treatise Entituled England's way to get Wealth and to Employ Ships and Mariners Printed Anno 1614. 3. A Treatise written by E. S. Entituled Britain's Buss which gives a very particular Computation as well of the Charge of a Herring-Fishing-Ship's Building and setting out as also of the Gain and Profit thereby Written Anno 1615. and Re-printed Anno 1630. 4. Sir Roger L'Estrange in his Discourse of the Fishery briefly laying open not only the Advantages and Facility of the Undertaking but the Absolute Necessity of it in order to the Well-being both of King and People Printed Anno 1674. And 5. Mr. Andrew Yarranton's Second Part of England's Improvement by Sea and Land Chap. 7. Of the Improvements of the Fishery Shewing the way of Managing the said Trade to greater Advantage and less Charge than others can Which might be also further evinced by the Laws of this Kingdom Relating to the Customs touching Salt and Exportation of Fish into Foreign Parts c. But this Advertisement is conceived sufficient and therefore shall be shut up with the Concluding Words of Sir John Borroughs's forementioned Treatise viz. The Soveraignty of our Seas being the most Precious Jewel of His Majesty's Crown and next under God the principal means of our Wealth and Safety all true English Hearts and Hands are bound by all possible means and diligence to Preserve and Maintain the same even with the uttermost hazard of their Lives Goods and Fortunes Memorandum That the Substance of what is contained in most of the Treatises above referred unto is in a Treatise Entituled A Collection with some Observations touching the Royal Fishery of Great Britain and Ireland Transcribed and newly Printed by Allowance of the Company and may be had at divers Book-sellers in this City and Westminster Also The Books will be opened for further Subscriptions on Monday Morning the 4th day of November next and so from day to day at Mercer●s Hall in Cheapside London until the Stock Proposed be compleated Which all Persons who intend to be concerned therein are desired to take Notice of FINIS