722 GEOGRAPHICAL REVIEW OF THE FISHERIES. 



fishing, heretofore ordered to maintain a grammar school in this colony, be distributed to such towns as have such 

 grammar schools, not exceeding fK r e pounds per ann. to any town, unless the court treasurer or others appointed to 

 manage that affair, see good cause to add thereunto. The Cape fishery was rented annually for from thirty 



to forty pounds. We observe that in 1680, Robert Stetson, of Scituate, and Nathaniel Thomas (probably of Marsh- 

 field) hired the fishery. It continued but eleven years; for we observe that in 1689, the rent was appropriated 

 towards the salary of the magistrates; and after the union of Plymouth and Massachusetts in 1692, the fishery was 

 free, as we believe. The towns of Duxbury, Rehoboth, and Taunton received the five pounds, a part of the term 

 when this court order was in force." 



THE FISHERIES IN 1668 AND 1670. Freeman records that "in 1668 the colony complained of annoyance and inter- 

 ruption of the fisheries on the part of Massachusetts, and an order was passed, remonstrating with the general court 

 of the Massachusetts Colony against the intrusion." 



'A valuation of the town in 1670 states the 'fish boats' of Plymouth thus: 



Four at 25 100 



Two at 18 36 



One at . . 12 



148 



" These, though called boats, we consider shallops, of some burthen, though probably without decks." ' 



DUTIES OF THE " WATER BAVLEY." The following order was passed by the general court at Plymouth July 4, 

 1672 : " It is enacted by the Court that if any pson or peons that shall att any time heerafter : shipp : or load on board 

 any : (fish into any vessell; which shalbe caught att Cape Cod but such as hee or they shall giue an accoumpt off to 

 the water Bayley ; all such (fishes shalbe forfeite to the Collonies vse; And that the Water bayley beheerby impowered 

 to make seizure of all such ffish as shall att any time become forfeite ; and to gine an accoumpt therof vnto the Treas- 

 urer ; or such as shalbe appointed by Ije Majestrates or any four of them ; to take the said acqoumpt." 2 



DIVISION OF PROFITS. The court at Plymouth, July 5, 1678, made the following order: "Thomas Clarke, of Ply- 

 mouth, late of Boston, complaineth against Mr. Constant Sonthworth, of Duxberry, in an action on the case, to the 

 damage of 40", for that the said Southworth doth detaine and withhold from the said Clarke one eight pte of the 

 yci-rly proflStts of the fishing att Cape Codd, notwithstanding the said Southworth did bargaiue and contract, iu the 

 year seauenty seanen, with the said Clarke, that the said Clarke should receiue and injoy the eight pte of Ihe said 

 proffitts during the time that the said Southworth," &c. 3 



MACKEREL SEINING OR NETTING PROHIBITED IN 1684. ^His Majesty's court at Plymouth passed the following order 

 July 1, 1684: "This Court takeiug into theire serious consideration the great damage that this collonie and our naigh- 

 bonrs is likely to sustaine by the catching of mackerell with netts and saines att Cape Codd, or else where neare any 

 shore in this collonie, to the great destruction offish, and to the discurragement of severall fishermen, 



"This Court doth therforo enacte, and bo it heerby enacted, by the authoritie therof, that noepson or psous what- 

 soi'uer, after the publication heerof, shall catch or draw on shore any mackerell, with nett or netts, sayne or saynes, 

 in any pte of this collonie ; and if any pson or psons shall heerafter presume to catch any mackerell by setting or 

 shooling any nett or sayne, every such, pson or psons soe ofl'ending as aforsaid shall forfeite for his or theire said offence 

 all such netts or saynes as shalbe soe improued, and all such mackerell as shalbe soe caught by him or them, and shall 

 alsoe forfeite every such vessell, and all such vessells, or boates, as shalbe imployed therin, whether eatch, sloop, or 

 boat, as shalbe imployed iu taking or carrying away any such fish, if att any time the pson or psons soe offending be 

 taken within the gov'mcnt, or the vallne therof, the one moiety to the collonie, and the other moyety to the informer, 

 Hint shall procecute the same. And for the better exctition of said law, power shalbe ginen by some one or more of 

 ;t hr magestrates by warrant to some fitt man to acte as a water bayliff to make seasure of any such forfeitures as afor- 

 Ka-:<l."< 



And on July 4, 1084, the court made this order: "M r Willam Clarke, of Plymouth, came into the Court and 

 tendered, that if this Court would make a law to prohibitt the catching of mackerell withsaines in any pte of this 

 collonie, hee would and did engage to the Court that bee would give and pay vnto the Treasurer thirty pound pr 

 annum, for seauen yeares, in currant New England mony, for the basse fishing att Cape Codd; wbervpon this Court 

 passed an order to prohibit sayning for mackerell, and ordered the Treasurer to make a lease to the said Clark of 

 Cape Codd, onely for basse fishing, seaueu yeer, for the said sum of 30" per annum." 6 



MACKEREL LAW REPEALED. At the general court in October, 1689, "it was ordered, that the law iu our printed 

 bouke, pago 31, prohibittiug saining for niackirill at Cape Cod be henceforth made void and of no force. 



" Ordered, that the magistrates of the county of Barnstable, or any two of them, be a comittee to dispose and 

 manage the Cape fishing as p r order of Court directed, and to impower such officers as are necessary under them to 

 looke after the same. 



" Ordered that the severall acts and orders of Court about fishing at Cape Cod, in our old printed law booke, page 

 38 & 39, viz*, so much or so many of them as are noted to be revived in the margent of b d booke, begining at number 

 4 &. ending at N : 5, are all of them revived and made, and hereby declared to be of full force, untill this Court shall 

 otherwise order." 6 



1 Coll. llass. Hist. Soe.. vol. iii, 1st series, p. 167. Plyinonth Colony Records vol. xi. p. 231. 



J Ibid., vol. vii, p. 213. 7Jid., vol. vi, p. 141. 'Jbid., vol. vi, p. 139. JMd., vol. vi, p. 218. 



