p. 396

herein, or by Our Commission provided for, you are hereby allowed to take order for the present herein, giving to Our Commissioners for Trade and Plantations speedy notice thereof, in order to be laid before Us, that so you may receive Our Ratification, if We shall approve of the same; Provided always that you do not, by Colour of any Power or Authority hereby given you, allow or encourage anything to be done contrary to the true intent and meaning of an Act of Parliament passed in the 10th & 11th years of the Reign of King William the third, entituled an Act to encourage the Trade to Newfoundland, nor contrary to any of the Laws or Statutes of this Our Realm.

    21. And you are upon all Occasions to send unto Our Commissrs for Trade & Plantations only, a particular Account of all your Proceedings, and of the Condition of the Affairs of the Islands and Territories under your Government, and the Trade and Fishery thereof, and of the Banks, Seas and Parts adjacent, in order to be laid before Us. Provided nevertheless that, when any Occurrencies shall happen within your Government, of such a nature and Importance as may require Our more immediate Direction by one of Our principal Secretaries of State, you shall in all such Cases transmit to Our Secretary of State only, an Account of all such Occurrencies and of your Proceedings relative to such Orders.

    22. Whereas by the said Act to encourage the Trade to Newfoundland, many things are enacted for the due & orderly carrying on of the said Trade, which are necessary for your Observation in inspecting the same, during your stay in those parts, you are therefore, in order to the better regulating your Conduct in that Service, to carry with you a Copy of the said Act, for your own use and Government.

    23. You are likewise carefully and diligently to enquire and observe, whether the several Rules and Orders contained in the said Act for the more advantageous management of the Fishery, be duly observed by all those concerned therein, vizt.

    24. You are to see that due care be taken by the Admirals in their respective Harbours, and by the Masters of the fishing Ships using that Trade, that no sort of Ballast, nor press Stones, or anything else hurtfull, to or annoying any of the Harbours there, be thrown out of any Ship or otherwise, to the prejudice of any of the said Harbours, and likewise to make the following Enquiries.

    25. Whether any Person, at his departure out of the said Country, or at any other time, do destroy, deface or do any detriment to the Stages, Cookrooms, Flakes, &c., or to the materials thereunto belonging, which had been possessed by himself or others, and whether they repair the defects, that may be in their Stages or other Conveniences, by Timber fetched out

p. 397

of the Woods, and not by committing any manner of Spoil or Waste upon the Stages already built.

    26. Whether the Admirals, Vice Admirals or Rear Admirals of the Harbours and the Commanders of the other fishing Ships in each Harbour, do observe the Rules prescribed by the said Act against engrossing more Beach and Flakes than each of them have necessary use for, also against possessing several places at once, to the hindrance and prejudice of others, and relating to the Election of such places as any of them, whose right it is, shall choose to abide in; and, in case of any difference, whether the Admirals in their several Harbours do proportion the place to the Ships, according to the number of Boats which each of the said Ships do keep?

    27. Whether these Inhabitants or others, who since the year 1685, had engrossed several Stages, Cookrooms, Beaches and other places, which, before that time, belonged to the fishing Ships, to the prejudice of such fishing Ships are arrive there in the fishing season, have, according to the direction of the aforesaid Act, relinquished & left the same for the publick use of the fishing Ships arriving there?

    28. Whether the Inhabitants have possessed or do possess themselves of any such Stages, Cookrooms &c., or of any Trainfats or other Conveniences, which have belonged to any fishing Ships at any time since the year 1685, before the yearly arrival of the fishing Ships, and until all such Ships are provided with Stages, Cookrooms, &c., according to the said Act?

    29. Whether the By-boat keepers pretend to or meddle with any House, Stage, Cookroom, Trainfat, or other Conveniency, that did belong to the fishing Ships since the year 1685, or that has been cut out or made by Ships after the 25 of March 1700?

    30. Whether the By-boat keepers and the Masters of fishing Ships do carry over with them such numbers of fresh Men, in proportion to their respective Companies of Seamen, as the Act directs? Whether they are furnish'd with Certificates of their having made Oath before their Sailing from this Kingdom, that they do carry with them such a Number of Green Men? to whom they do produce such Certificates? and do the Admirals or the Customs House Officers keep any Account or make any return thereof?

    31. Whether the Inhabitants do also employ such numbers of fresh or green Men as the said Act directs, and whether the Admirals take care that they punctually comply therewith.

    32. Whether any Persons do presume to expunge, cut out, deface or alter the Mark of any Boats or Trainfats of other persons and convert them to their own use, or remove the same from the places where they were left by the Owners, contrary to the Directions of the said Act?

    33. Whether any Person whatsoever rind any of the Trees, set fire to any of the Woods, or do or cause to be done any detriment or destruction to
3 G

p. 398

the same for any use whatsoever, excepting only for necessary Fewel, for building and repairing Houses, Ships, Boats, Trainfats, Stages, Cookrooms and other Conveniences for the Fishery?

    34. Whether the Rules ordained by this Act for preventing any Annoyance or Hindrance in the Hauling of Sains in the customary baiting places, and against the stealing of Baits and Nets, be duly observed?

    35. Whether the Admirals are careful, in order to preserve the peace and good Government, both in their respective Harbours, and on shore, to see that the Rules and Orders contained in the aforesaid Act be duly put in Execution? and whether each of the said Admiral do keep Journals and exact Accounts of the number of all Ships, Boats, Stages & Trainfats, and of all the Seamen and Inhabitants employed in their respective Harbours, that the same may be delivered, at their Return to Great Britain, as the Act directs?

    36. And whereas it has been represented to Us, that the By-boatkeepers and Master of fishing Ships do not carry over with them, and that the Inhabitants do not employ such a number of fresh or green men as the aforesaid Act of encourage the Trade to Newfoundland directs, and that the Admirals in the respective Harbours do not take care to enforce a due Compliance therewith, or to preserve Peace and good Government in their respective Harbours or on shore, and that they do not keep any Journals of the Number of Ships employed in the several Harbours, concerning themselves only with their own Fishery, and whereas such Omission and Neglect tend greatly to the prejudice of Our Service, and to defeat the good Intentions of this Provision of the said Act, which is calculated for increasing the number of Seamen for the Service of Our Navy, and the promoting the Trade & Navigation of this Kingdom, it is therefore Our Will and Pleasure, and you are hereby directed and required to use your utmost endeavour to enforce a due and exact Compliance with the said Act for encouraging the Trade to Newfoundland, and that you do in these and all other particulars recommend to the Admirals in the respective Harbours to keep regular Accounts, & do all such others things as the Acts directs, upon pain of Our highest Displeasure.

    37. You are also to enquire whether, upon any Differences that do arise in any of the Harbours touching any of the aforesaid Matters, the Admirals of those respective Harbours do determine the same according as the said Act directs, and, in case any persons think themselves agrieved by the Sentences of the Admirals, whether those Persons dappealrl unto you or unto the Commanders of Our Ships of War, for a final Determination, and both Parties submit accordingly thereunto?

    38. Whether the Lord's day be strictly and duly observed, and whether the Inhabitants, who keep any sort of publick houses for entertainment, do forbear on that day to utter or sell any sort of strong Liquor or Tobacco, as by the said Act is directed?

    39. Whether any Aliens or Strangers, not residing in the Kingdom of

p. 399

Great Britain or Ireland, do resort to Newfoundland or to the Islands adjacent thereto, and take Bait, or use any sort of Trade or fishing whatsoever in those parts?

    40. And as you are to transmit your Answers to the foregoing Enquiries, which are founded upon the foresaid Act of 10 & 11th of King William the third, so you are likewise to take an exact Account of the Number of the British fishing Ships and sack Ships, and Ships and Vessels from America, that arrive this year in the Islands and Territories under your Government.

    The Burthen of the said Ships and the number of their men.
    The number of the Passengers transported by the fishing Ships.
    The number of Boats employ'd by the British fishing Ships, by the Ships from America, by the By-boat keepers and by the Inhabitants.
    The number of the By-boat keepers and their Servants.
    The Quantity of Fish and Train Oil made by the British fishing Ships, by the Ships from America, by the By-boat taken by the Inhabitants.
    The Value of Seal Oil and of Furs taken by the Inhabitants last Winter.
    The number of Stages and Trainfats belonging to the Fishery.
    The total quantity of Fish carried to foreign Markets.
    The prices the said Fish and Oil are sold at, both in Barter for Goods, and for good Bills payable here.
    The number of publick & private Houses.
    The number of Inhabitantsts, and how many have been born or have died there, since the departure of the last year's Convoy.
    Which you are to send by the first conveyance that offers, according to the usual form hereunto annexed.
    Moreover you are particularly to inform yourself,

    41. In what manner the Inhabitants are subsisted, what Land is there improved? Whether the Country produces such Provisions as they want, and whether they have any number of Cows, Sheep and Swine, or whether they receive any Provisions from Our Plantations in America, of what sorts or kind, and the quantities thereof?

    42. Whether the said Inhabitants are wholly supplied with Sail Cloth, Nets and Tackle for their Fishery, and with Woolen, Linen, Leather and other Manufactures for their use and wear from this Kingdom, or whether they are furnished with any of the aforesaid necessaries from the plantations or from any foreign Country whatsoever?

    43. What wages do the said Inhabitants allow to their Servants and in what manner do they pay them?

    44. How much does the Charge of fitting out and maintaining one of their fishing Boats for the whole Season, amount to?

    45. Whether the Inhabitants have any other Employment in the fishing Season for their Servants than taking and curing of Fish? whether
p. 400

they are diligent therein? how many men they allow to each of their fishing Boats? whether they can afford their Fish as cheap as the fishing Ships and the By-boats, or what difference is made between the price of the one & the other?

    46. In what manner they employ themselves and their Servants after the fishing Season is over and during the Winter? whether they are industrious in providing and making necessaries for the next fishing Season? or, on the contrary, whether they mispend a great part of their time in Debaucheries & Excesses?

    47. Whether any Trade is carried on for Beaver and other Furs by the Inhabitants, or by any other who remain in the Country? what quantity they have taken this last winter, and whether they have any Traffick with the Indians?

    48. Whether the Houses, Buildings and Inclosures of the Inhabitants are at such distance from the water side as not to hinder or obstruct the Fishermen in making their Flakes, or in drying and curing their Fish?

    49. Whether the Inhabitants claim a right to all such Stages, Cookrooms, Flakes &c. as they have made or built in their fishing places, which have not been possessed by the fishing Ships since the year 1685, tho' they make no use of them?

    50. Whether such fishing places and conveniences are free for the publick use of the fishing Ships arriving there, and nothing insisted on, or demanded by the said Inhabitants for their use and Hire?

    51. How many Flakes are allowed to each fishing Boat, & of what length? whether they are extended in length, according to the ancient Custom, from the shore up into the Land? or whether any of the Inhabitants or Fishermen extend their Flakes along the shore, or possess a larger Front to the water side, according to the number of Boats, than was formerly allowed?

    52. Whether it was ever ascertained or determined in the several, or in any of the Harbours in Newfoundland, what fishing places did belong to the fishing Ships before the year 1685; and whether any Account is kept of those fishing places, which they have been in possession of since that year, in order to prevent such disputes as must otherwise very frequently happen between the Masters of the said Ships & the Inhabitants?

    53. Whether the fishing Ships that proceed directly from this Kingdom to Newfoundland are victualled here, and provided with all other necessaries of British produce and Manufacture for the whole Voyage? or whether the Masters or Freighters do not furnish themselves with Provisions, that are brought form the Plantations or other parts to Newfoundland?

    54. Whether any British Ship arriving at St John's, or in any other



Partnered Projects Government and Politics - Table of Contents Site Map Search Heritage Web Site Home