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It was not lawfull for any man, vnder grieuous penaltie, to cary any women or harlots in the Fleete: for which cause the women hired certaine shippes, wherein they sailed after the Nauie: some of the which being driuen by tempest arriued vpon the coast of France.
Nowe to the donation itselfe, wee are firste to consider, whoe it was that was the author thereof; secondly, unto whome it was made; thirdly, what were the causes and inducementes that moved the Pope thereunto; fourthly, the fourme and manner of donation; fyftly, the inhibition of all other Christian Princes, and the penaltie of all them that shoulde doe the contrarye; lastly, the recompence of the Kinges of Spaine to the Sea of Rome for so greate a gifte.
As also if any of the aforesaide merchants goods be found in any part of our coastes or streames and they not present themselues, let the sayd goods be taken and layd vp in safetie in some place or other, and be deliuered to the aforesaid merchants or their factors, vnder penaltie of our displeasure.
Of a law denying all Aliens to enter into China, and forbidding all the inhabiters vnder a great penaltie to let in any stranger into those countreys, shall you reade in the report of Galeotto Perera there imprisoned with other Portugals: as also in the Iaponish letters, how for that cause the worthy traueller Xauierus bargained with a Barbarian Merchant for a great summe of pepper to be brought into Canton, a port in China.
It was ordered in 1631: "That there bee a uniformitie throughout this colony both in substance and circumstance to the cannons and constitutions of the church of England as neere as may bee, and that every person yeald readie obedience unto them uppon penaltie of the paynes and forfeitures in that case appoynted." And, indeed, the pains and forfeitures threatened were savage enough.
So alwayes, as the same orders, constitutions and ordinances be not repugnant or contrary to the lawes, statutes, and customes of this Realme of England, nor any penaltie to exceede the reasonable forme of other penalties, assessed by the Company of our Marchants, named Aduenturers.
Moreouer we commaund all our Captaines of our Gallies, and their Lieutenants, be they Foister or other Vessels, that when they shall finde the sayd Ienkinson, or his factor, his ship or ships, with his seruaunts and merchandise, that they hurt him not neither in body nor goods, but that rather they assist and defend him agaynst all such as seeke to doe him wrong, and that they ayde and helpe him with vitailes, according to his want, and that whosoeuer shall see these presents, obey the same, as they will auoyd the penaltie in doing the contrary.
The first of September there came to the Iland of S. Michael a Portugall ship out of the hauen of Phernambuck in Brasile, which brought newes that the Admirall of the Portugall Fleet that came from India, hauing missed the Iland of S. Helena, was of necessitie constrained to put into Phernambuck, although the king had expresly vnder a great penaltie forbidden him so to doe, because of the wormes that there doe spoile the ships.
4 And for that the master of the Prudence is of great experience and knowledge in that voyage, we doe appoint that he with the master of the Admirall and Viceadmirall shall conferre, consult and agree vpon the courses and directions that shall be vsed in this voyage, and it shall be lawfull vnto the master of the Admirall, with the consent of M. Gibs, and M. Biggat, or one of them to make his courses and directions from time to time during the whole voyage, and all the fleete are to follow and obserue the same without straying or breaking of company at any time vpon the penaltie before specified.
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