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19. Whereas it hath been represented unto Us, that several of Our Subjects, Inhabitants of, or resorting to Our said Island of Newfoundland under Your Government, have, upon various unwarrantable pretences, possessed themselves of, and do claim, as their private property, large Tracts of Land commodious for the Fishery lying within the several Harbours, and Rivers upon the Coast of Newfoundland, and the Islands adjacent thereto between Bonavista and Point Riche, to the great prejudice and discouragement of the Ship-Fishery, not only of Our Subjects in general, but also of the Subjects of the Crown of France, allowed by Treaty a concurrent Fishery within the Limits aforesaid; in order therefore to put a Stop for the future to such irregular practices, and unwarrantable Claims; to prevent all vexations and expensive Litigations amongst Our Subjects; and to avoid Disputes between them and the Subjects of France; It is Our express Will and Pleasure, that you do not, upon any pretence whatsoever, allow any exclusive possession to be taken, as private property, of any Lands, Rivers, or Islands in the Northern parts of Newfoundland between Bonavista and Point Riche; taking especial care, that such Ships, as shall resort to that part of Our said Island for carrying on the Fishery, do chuse their Stations, as they respectively arrive; and do take up and occupy, subject to your control, such space only of Beach, as shall be proportioned to the Number of their Boats, conformable to what has been prescribed by an Act passed in the Tenth and Eleventh Years of King William the third in respect to those parts of the. Coast, which were in possession of Our Royal predecessor, at the time that Act was passed.
20. You shall transmit unto Us, by One of Our principal Secretaries of State, an Account of the Arms, Ammunition, and Stores, that have been sent from Our Office of Ordnance here to Our Forts and Garrisons in Newfoundland; and likewise an Account of the State of Our said Forts; how the said Stores have been employed; and whether any of them, and how many of them, have been sold, spent, lost, decayed, or disposed of; and to whom, and to what uses; together with an Inventory of all such Arms, Ammunition, and Stores, as are remaining in Our Magazines there; as also a Duplicate thereof to Our Master General or principal Officers of Our Ordnance; which accounts are to express the particulars of Ordnance, Carriages, Ball, Powder, and all. other sorts of Arms and Ammunition in Our publick Stores at your Arrival; and so yearly of what shall be sent thither, specifying the time of the disposal, and the occasion thereof.
21. Whereas by the .Act for the encouragement of Trade passed in the fifteenth year of the Reign of King Charles the Second, no Commodities of the Growth, production, or Manufacture of Europe, except salt for the Fishery, of New England and Newfoundland, Wines of the growth of the Madeiras, or Western Islands, or Azores, Servants, Horses, and all sorts of Victuals of the Growth and Production of Ireland, shall be imported into any of Our Colonies or Plantations, but what shall be bonâ fide and without Fraud laden and Shipped in Great Britain, and in Ships duly qualified;
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And whereas Complaint has been made of Masters of Ships and others carrying on a clandestine Trade amongst the Fishing-Ships from Great Britain, with others from Our Colonies and Plantations in, America, contrary to the intent and meaning of the said Act, you shall use your utmost endeavour for the due observation of the said Act.
22. You are to permit a free exercise of Religion to all persons, except Papists, so they be contented with a quiet and Peaceable Enjoyment of the same, not giving Offence or Scandal to the Government.
23. It is Our Will and Pleasure, that you do cause the Laws made against Blasphemy, Profaneness, Adultery, Fornication, Polygamy, Incest, Profanation of the Lord's Day, Swearing, and Drunkenness, to be vigorously executed, and that you take due care for the punishment of the aforementioned Vices by presentment upon Oath to be made to the Justices of the Peace in their Sessions by their Constables, or other inferior Officers, at the several Harbours at the proper times of the Year to be appointed for that purpose; And for the further Discouragement of Vice, and Encouragement of Virtue, and good living, you are not to Admit any Person to Act as a Justice of the Peace, whose III Fame or Conversation may occasion Scandal; and especially You shall take care, that the Lord's Day be devoutly and duly observed; that the Book of Common Prayer, as by Law established in this Kingdom, be read each Sunday and Holiday; and the Blessed Sacrament Administered according to the Rites of the Church of England in all such Chapels or publick places of Worship, as are already, or may be settled there.
24. And if any Orthodox Minister there shall appear to give Scandal either by his Doctrine, or Manners, or shall Preach, or Administer the Holy Sacrament in any Orthodox Church or Chapel without being in due Orders, you shall give Account thereof to the Lord Bishop of London.
25. And you are to take especial care, that a Table of Marriages, established by the Canons of the Church of England, be hung up in every Orthodox Church or Chapel, and duly observed.
26. If any thing shall happen, which may be of Advantage or Security to Our said Islands under Your Government, which is not herein, or by Our Commission provided for, you are hereby allowed to take order for the present herein, giving to Us, by one of Our principal Secretaries of State, speedy notice thereof, 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 any thing to be done contrary to the true intent and meaning of an Act of Parliament passed in the Tenth and Eleventh Years of the Reign of King William the Third, intituled, "An Act to encourage the Trade to Newfoundland," nor contrary to any of the Laws or Statutes of this Our Realm.
27. And you are, upon all Occasions, to send unto Us, by one of Our principal Secretaries of State, a particular Account of all your proceedings,
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and of the Condition of the Affairs of the Islands under your Government, and the Trade and Fishery thereof, and of the Banks, Seas, and parts adjacent.
28. Whereas by the said Act to encourage the Trade to Newfoundland, many things are enacted, for the due and 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.
29. 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
30. 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 hurtful 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.
31. 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, &cª 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 of the Woods, and not by committing any manner of spoil, or waste upon the Stages already built.
32. 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.
33. 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, as arrive their in the fishing season, have, according to the direction of the aforesaid Act, relinquished and left the same for the publick Use of the fishing-Ships arriving there.
34. 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,
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before the yearly Arrival of the fishing Ships, and until all such Ships are provided with Stages, Cookrooms, &c. according to the said Act.
35. Whether the Bye-Boatkeepers 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 25th of March 1700.
36. Whether the Bye-Boatkeepers, 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 furnished 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 Custom-House Officers keep any Account, or make any Return thereof?
37. 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.
38. Whether any persons do presume to expunge, cut out, deface, or alter the Mark of any Boats or Trainfats of other Persons; and do 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.
39. 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 the same for any use whatsoever, excepting only for necessary Fuel, for building and repairing Houses, Ships, Boats, Train fats, Stages, Cookrooms, and other conveniences for the Fishery.
40. Whether the Rules, ordained by this Act, for preventing any Annoyance or hindrance in the hayling of Sayns in the customary baiting Places, and against the Stealing of Baits and Nets to be duly observed.
41. 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 Admirals do keep Journals, and exact accounts of the number of all Ships, Boats, Stages, and 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.
42. And Whereas it has been represented to Us, that the Bye-Boatkeepers and Masters of fishing Boats 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 to 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
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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 Omissions 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, and do all such other things, as the Act directs, upon pain of Our highest displeasure.
43. 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 aggrieved by the Sentences of the said Admirals, whether those Persons do appeal unto You, or unto the Commanders of Our Ships of War for a final determination, and both Parties submit accordingly thereunto?
44. Whether the Lord's day be strictly and duely observed; and whether the Inhabitants, who keep any sort of Public 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?
45. Whether any Aliens or Strangers, not residing in the Kingdom of 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?
46. And as you are to transmit your Answers to the foregoing Enquiries, which are founded upon the aforesaid Act of the tenth and eleventh years of the Reign 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 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 employed by the British fishing Ships, by the Ships from America, By the Bye Boatkeepers, and by the Inhabitants. The number of the Bye Boatkeepers, and their Servants. The quantity of Fish and Train-Oil made by the British fishing Slips, by the Ships from America, by the Boatkeepers, and by the Inhabitants. The value of Seal Oil, and of Furs taken by the Inhabitants last Winter. The number of Stages and Train-Fats belonging to the Fishery. The total quantity of Fish carried to foreign Markets.
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