the several Harbours and Rivers of the said Island and the Islands adjacent contrary to Law in order therefore to prevent such unwarrantable practices in future It is Our Will and Pleasure that you do not upon any pretence whatever allow any Person or Persons to take as private Property any Lands or Rivers or parts thereof on the Island of Newfoundland or the Coasts thereof or on the Islands adjacent And you are to take care that the Ancient Ship Rooms and Fishing Rooms do continue under the Provisions of Statutes of 10^th and 11^th William the 3^d Cap: 25 for the encouragement of New Adventurers that they may be sure of finding proper and convenient places for curing salting drying and husbanding their Fish whenever they resort thither It is Our further Will and Pleasure that the remaining Shores of Newfoundland shall be held by such of Our Subjects resorting thither from Our Dominions in Europe as shall first arrive and take possession of the same for the like purpose of carrying on the Fishery in proportion to the number of Ships and Boats they shall employ and they shall continue to hold the same in the like manner and for the like purpose so long as they shall carry on their fishing there But in case they shall neglect so to carry on the Fishery for One entire Season such Shores or parts thereof as shall be neglected or deserted by such Possessors shall be held for the like purpose and in like manner, by any of Our Subjects resorting thither from Our Dominions in Europe who shall first occupy the same for the purpose of carrying on the Fishery And you are to put and maintain such Persons in possession thereof And you are not to allow or suffer any Buildings to be erected (except Fishing Stages Cook Rooms Ship Rooms and Flakes or such Erections as shall be absolutely necessary for curing salting drying and husbanding Fish) within Two hundred Yards* distance from high Water mark And you are not to allow any possession as private property to be taken of or any right of Property whatever acknowledged in any Land whatever even beyond that distance It is Our further Will and Pleasure nevertheless that all and any Buildings Erections Wharfs Slips or Fences already erected may remain provided the same are not erected and built upon Ancient Ship Rooms And provided they are not in your judgment considered to be nuisances and detrimental to the interests of the Fishery in general But in case they shall clearly appear to you to be so you shall cause the same to be removed giving due and reasonable notice to the Parties claiming or pretending any interest therein if upon the Spot or to the Persons in possession and occupation thereof and putting the said Parties or Persons to as little inconvenience as the case will admit if such Parties or Persons do not cause to remove the same in due time after such Notice is given.

better informed concerning the Premises and that We may be able to determine what measures in this respect shall be pursued in future It is Our Will & Pleasure that you in conjunction with Our Chief Justice of the said Island do cause such enquiry to be made as you and he shall judge most proper (but in such a manner as not to create unnecessary alarm) for ascertaining the pretended Titles and Claims under which such Property is held the length of time the present Possessors or those under whom they claim have enjoyed the same and the nature extent supposed Rent & Value of such Property And you are further to enquire whether it has ever been ascertained in the several Harbours of Newfoundland what fishing places did belong to the fishing ships before the Year 1685 And whether any account is kept of those fishing places that have been possessed since that Year in order to prevent the disputes that may otherwise happen between the Masters of Ships and the Inhabitants And whether there is any want of convenient places unoccupied on the Beach or Shores of Newfoundland fit for the purpose of carrying on the Fishery by the Adventurers who may arrive from His Majesty's European Dominions And whether the Fishing Admirals and others discharge their duty according to the Provisions of Statute 10 and 11 William 3 Cap. 25.

    9^th  You are not to permit or allow any of Our Officers or Soldiers or other Persons whatsoever belonging to the Garrisons within your Government to engage or be any way concerned or employed directly or indirectly in any Branch of the Fisheries carried on within your Government or to take up for themselves any Beaches Stages or Cook Rooms upon any pretence whatever or in any way to interrupt the Fishermen in catching drying or curing their Fish And if any such Officers Soldiers or other Persons shall act in contradiction to this Our Instruction you are to report the same to Us through One of Our Principal Secretaries of State that such Persons may be made sensible of Our highest Displeasure.

    10^th  And Whereas it is of great importance to the prosperity and extension of the Fishery that the Fish caught by Our Subjects should be properly cured and fitted for Sale at the Foreign Markets You are therefore to command the Admirals of the Harbours strictly to enjoin the Masters of the Fishing Ships the Bye Boat Keepers and Inhabitants to take the greatest care in curing their Fish with, good Salt and with a proper and sufficient quantity and in preparing husbanding and ordering the same that the credit thereof may be maintained and augmented in the several places to which it is carried for Sale And you are to require the said Admirals to report to you the Names of those who will not comply with this Admonition And further you are upon this occasion very particularly to enquire into their manner and method of taking and curing their Fish what quantity of Salt they allow for the curing of every hundred Quintals whether they are guilty of any abuse in the ordering thereof And whether any improvements can be made in any of the foregoing particulars And whether the Fish taken at a distance from the Land by their small Vessels is not damaged before it is brought on Shore and whether in the Seal of their Fish to those who are to carry it to the Foreign

Market experienced Cullers are employed in ascertaining the good quality thereof and whether the Sack Ships jealous of each other and contriving who shall carry their Fish first to Market do not frequently ship it before it is cured whereby it suffers in the passage. And lastly whether the Inhabitants the Masters of the Sack Ships or Fishing Ships or the Bye Boat Keepers are most to be blamed in whatever is amiss and what methods are to be taken to prevent or rectify the same.

    11^th  And Whereas the Salmon Fishery carried on in different parts of Our Island of Newfoundland has already proved of great advantage to Our Kingdoms and We have reason to suppose that there is at present a great demand for Salmon properly cured in the Foreign Markets particularly in several of the Ports of Italy You are therefore to give all due encouragement and protection to Our Subjects concerned in the said Salmon Fishery taking care that none of the places where the said Salmon are caught be improperly monopolized contrary to Our Intentions expressed in the foregoing Instructions with respect to the Fisheries in general And you are to inform yourself of the actual state of this Salmon Fishery and how far the same may be properly extended and improved.

    12^th  You are further to enquire whether any Whale Fishery Sea Cow Fishery or Seal Fishery is or can be carried on in the Seas within your Government or adjacent thereto and how far the same can be extended and improved.

    13^th  You are to use your best endeavours to encourage a Trade with the Indians residing within Our Island of Newfoundland or resorting thither And you are to use your best endeavours to conciliate their affections so as to induce them to trade with Our Subjects and in order to prevent any improper conduct towards the said Indians you are as soon after your arrival as conveniently may be to cause a Proclamation in Our Name to be published and dispersed through Our said Island of Newfoundland and parts adjacent strictly enjoining and requiring all Our Subjects to live in Amity and kindness with the said Indians and commanding and requiring all Officers and Magisstrates[sic] to maintain and support good order and behaviour towards them And in case any Person or Persons shall murder or commit any Outrage upon any of the said Indians You and the said Magistrates are to use your utmost endeavours to apprehend and bring to justice such Offenders You are also to obtain the best account you are able of the number of the said Indians the places they usually frequent for Trading the Countries from whence they come the nature and extent of the Trade that is or may be extended and improved.

    14^th  Whereas We did in the 15th Year of Our Reign grant to John Agnew of Strencham* in the County of Wigton in North Britain Esquire and his Associates certain Mines at Shoal Bay in the East Coast of Our said Island of Newfoundland supposed to contain Copper Ore One tenth part of which Ore by the special condition of Our said Grant is thereby reserved to

Us Our Heirs and Successors We do therefore hereby direct and empower you Our Governor or Our Commander in Chief for the time being of Our said Island of Newfoundland to take and receive One tenth part of all such Metals Ore and Minerals as now are or hereafter shall be raised or extracted from the said Mines and to pay and make over the same to such Person or Persons as the Lords Commissioners of Our Treasury shall appoint for that purpose And you are further to enquire whether there are any other Mines in the said Island of Newfoundland or Islands adjacent and whether they may be worked to advantage.

    15.  And Whereas the different species of Birds frequenting the Shores of Newfoundland and the adjacent Islands are used for food and for bait and are useful in Fogs by warning Vessels that they are near the Land And it having been represented to Us that they are frequently destroyed for the purpose only of taking their Feathers It is Our Will and Pleasure that you do take such measures as in your Opinion will effectually prevent their being so destroyed in future.

    16^th  And Whereas you are by Our Commission authorized to constitute and appoint Justices of the Peace and other necessary Officers and Ministers for the administration of Justice and maintaining the Peace within the different parts of your Government You are therefore upon your arrival in your Government to enquire what Justices of the Peace are now in Commission and in the New Commission to be issued you are to nominate them or such Persons as shall appear to you to be proper for executing the Office of Justice of the Peace and you are by your Authority and Influence to give all due support as well to Our Chief Justice as to the said Justices of the Peace and to all other Magistrates and Officers in the legal discharge of their duty And you are to endeavour to prevent any disputes between Our said Justices of the Peace and the Fishing Admirals in the discharge of their respective Functions And Whereas you are by your Commission authorized to appoint Commissioners of Oyer and Terminer It is Our Will and Pleasure that you make no such Appointment so as to interfere with the Criminal Jurisdiction belonging to the Supreme Court of Judicature but only in Cases where it may be inconvenient to try Offenders in the said Supreme Court.

    17^th  Whereas You are empowered by Our Commission to pardon all Offenders and remit all Offences Wilful Murder only excepted in which case you have power upon extraordinary occasions to grant Reprieves to such Offenders until Our Royal Pleasure may be know therein It is Our express Will and Pleasure that you do not suffer any of the Officers of Our Ships of War or of any of the Trading Ships of Our Subjects which shall happen to be within your Government to be deprived of Life or Limb by the Sentence of any Court But in such Case you shall reprieve the Criminal until Our pleasure be known therein And it is Our further Will and Pleasure that you take especial care that all Persons guilty of Treason be sent over to this Kingdom with such Witnesses and proof of the Crime as can be obtained in order to their being tried here.

    18.  And Whereas the immoderate use of Liquors has been found to be pernicious to the Health and Morals of Our Subjects dwelling in and resorting to Newfoundland for the purpose of carrying on the Fishery and has been the cause that the Fishermen have expended a considerable part of their Wages You are not to allow in any part of your Government more Public Houses than may be necessary for the accommodation and supply of Our said Subjects and particularly in the Town of Saint John's the number of such Public Houses is on no account to exceed Twenty four And it is Our Will and Pleasure that every Person who shall be allowed to keep a public House within your Government do give full and ample Security for his or her good behaviour and that every Person keeping such Public House shall keep and employ in the Fishery One Shallop at least.

    19.  And Whereas the monopolizing and engrossing of any Provisions Stores & Commodities necessary for the subsistence of the Fishermen and others employed in the Fishery or necessary for carrying on the same will be highly prejudicial to the general Interests thereof You are by every legal means in your power to prevent and suppress any attempt that may be made for that purpose And you are to consider & report to Us whether any proper method can be adopted for supplying more cheaply the Articles before mentioned and for preventing any Frauds that may be committed in the Sale of these Articles or any Combinations to enhance the price of Provisions or of any of the Articles before mentioned tending to the distress of the Fishermen And you are to take Oath that according to the ancient practice every Person who shall keep on his or her own account any Shop or Store for selling or retailing any Goods or Commodities whatsoever shall keep and employ in the Fishery one Shallop at least.

    20.  It is Our Intention that all Persons inhabiting and frequenting the Island under your Government should have full liberty of Conscience and the free exercise of all such modes of Religious Worship as are not prohibited by Law We do hereby require you to permit all Persons within Our said Islands to have such liberty and to exercise such modes of Religious Worship as far as is consistent with Law provided they be contented with a quiet and peaceable enjoyment of the same not giving Offence or Scandal to the Government.

    21.  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 rigorously executed and that you take due care for the punishment of the aforementioned Vices by presentment upon Oath to be made before the Justices of the Peace in their Sessions by their Constables or other inferior Officers at the several Harbours at the proper time of the Year to be appointed for that purpose And for the further discouragement of Vice and promotion of Virtue and good Morals you are not to admit any Person to act as Justice of Peace whose ill fame or conversation may occasion scandal and especially you shall take care that

[1927lab]