The Bounty of the Chesapeake: Fishing in Colonial Virginia — John Shaqi
The Bounty of the Chesapeake: Fishing in Colonial VirginiaWharton, James
History
The Bounty of the Chesapeake: Fishing in Colonial Virginia
Wharton, James
Chesapeake Bay (Md. and Va.); Fisheries -- Virginia; Fishing -- Virginia
Judging from the few piddling regulations and restrictions referred to
in extracts already cited, the Virginia lawmakers could see no need for
intensive or even active supervision of the Tidewater fisheries. A
rather epoch-making law was enacted in 1678 by the county court of
Middlesex County, which is about 50 miles from James City, at the
juncture of the Rappahannock river and Chesapeake bay:
Whereas, by the 15th act of Assembly made in the year 1662, liberty
is given to each respective county to make by-laws for themselves;
which laws, by virtue of the said act are to be binding upon them
as any other general law; and whereas several of the inhabitants of
this county have complained against the excessive and immoderate
striking and destroying of fish, by some fire, of the inhabitants
of this county by striking them by a light in the night time with
fish gigs, wherby they not only affright the fish from coming into
the rivers and creeks, but also wound four times that quantity that
they take, so that if a timely remedy be not applied, by that means
the fishing with hooks and lines will be thereby spoiled to the
great hurt and grievance of most of the inhabitants of this county.
It is therefore by this court ordered that from and after the 20th
day of March next ensuing, it shall not be lawful for any of the
inhabitants of this county to take, strike, or destroy any sort of
fish in the night time with fish gigs, harping irons, or any other
instrument of that nature, sort or kind, within any river, creek or
bay which are accounted belonging to or within the bounds or
precincts of this county. And it is further ordered that if any
person or persons being a freeman, shall offend against this order,
he or they so offending shall for the first offence be fined five
hundred pounds of good tobacco to be paid to the informer, and for
every other offence committed against this order after the first,
by any person, the said fine to be doubled and if any servants be
permitted or encouraged by their masters to keep or have in their
possession any fish gig, harping iron or any other instrument of
that kind or nature and shall therewith offend against this order,
that in such case the master of such servant or servants shall be
liable to pay the several fines above mentioned, and if any servant
or servants shall, contrary to and against their master's will and
knowledge, offend against this order, that for every offence they
receive such corporal punishment as by this court shall be thought
meet.
As population became more dense it was inevitable that rights
previously of little significance began to be asserted. This case of
1679 taken from Hening's _Statutes_, was a forerunner of countless
others like it which continue to this day:
Public-domain text, read in full here on John Shaqi.
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