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of the foregoing particulars And whether the Fish taken at a distance from the Land by the small Vessels is not damaged before it is brought on Shore And whether in the Sale of the Fish to those who are to carry it to the Foreign Markets experienced Cullers are employed in ascertaining the good Quality thereof And whether the Sack Ships jealous of each other and struggling who shall carry their Fish first to Market do not frequently ship it before it is properly cured whereby it suffers in the Passage And lastly whether the Inhabitants the Masters of the Sack Ships or the Bye Boat Keepers are most to be blamed in whatever is amiss and what methods would be most likely to prevent and to rectify the same The result of all which Enquiries you are not to fail to report to Us on your first return to Great Britain.

    9th  And Whereas the Salmon Fishery carried on in different parts of Our Island of Newfoundland has already proved of great advantage to Our United Kingdom and We have reason to suppose the same may be considerably extended You are therefore to give all due Encouragement and Protection to Our Subjects concerned in the said Fishery taking care that none of the Places where the Salmon are caught shall 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 Fishery and how far the same may be properly extended and improved.

    10th  You are further to enquire particularly into the State of the Whale Fishery and of the Seal Fishery carried on in the Seas within your Government or adjacent thereunto And whether any means can be suggested for promoting the Success and Extension thereof particularly of the latter as it furnishes employment for a most useful body of Men before the Cod Fishery commences.

    11th  You are to cause your best Endeavours to encourage a Friendly Intercourse with the Indians residing in Our Island of Newfoundland or resorting thither using 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 them 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 Magistrates 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 carried on with them and how far the same may in your Opinion be extended and improved.

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    12th  Whereas We did in the 15th Year of Our Reign grant to John Agnew Esquire of Strencham* in the County of Wigton in North Britain and his Associates certain Mines at Shoal Bay on 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 Our said Island of Newfoundland or Islands adjacent and whether they may be worked to advantage.

    13th  And Whereas it has been represented to Us that different Species of Birds frequenting the Shores of Newfoundland and the adjacent Islands which afford a Supply of Food and of Bait and are useful in Fogs by warning Vessels that they are near the Land are frequently destroyed for the purpose 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.

    14th  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 Our said Island to enquire what Justices of the Peace are now in the Commission in order that in the new One to be issued you may nominate them or such other 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 all other Persons in Authority 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 shall not make any such Appointment as shall interfere with the Criminal Jurisdiction belonging to the Supreme Court of Judicature except only in Cases where it may be inconvenient to try Offenders in the said Supreme Court.

    15th  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 known It is Our Express Will and Pleasure that you do not suffer any Commission or Warrant Officer of

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any of Our Ships of War or the Master of any trading Ship 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.

    16th  And Whereas the immoderate use of Liquors has been found 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 of the Fishermen expending a considerable part of their Wages You are not to allow in any part of your Government more Public Houses than may be requisite for the accommodation and Supply of Our said Subjects particularly in the Town of Saint John the number necessary for which you will when on the Spot be able to judge of It has been suggested as you will find in the accompanying Observations that Thirty six will be amply sufficient 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.

    17th  And Whereas the Monopolizing & engrossing of any Provisions Stores or 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 and report to Us whether any proper method can be adopted for supplying more cheaply the Articles beforementioned and for preventing any Frauds that may be committed in the Sale thereof or any Combinations to enhance the Price of Provisions or of any of the Articles beforementioned tending to the distress of the Fishermen.

    18th  And as it is Our Intention that all Persons inhabiting and frequenting the Islands 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 therefore 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.

    19th  It is Our further 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 do take due care for the Punishment of the above mentioned Vices by presentment upon Oath to be made before the Justices of the Peace in their Sessions by the Constables or other inferior Officers at

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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 a Justice of the Peace whose ill fame or Conversation may occasion Scandal And especially you will 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 Holy day And the blessed Sacrament administered at stated Periods according to the Rites of the Church of England in all such Chapels and Public Places of Worship as are already or may be settled for Public Worship according to the Rites of the Church of England.

    20th  And if any Minister of the Church of England shall appear to give Scandal either by his Doctrine or Manners or shall be remiss in the performance of his Duty or if any Persons not being in Orders shall preach or administer the Holy Sacrament in any Church or Chapel you shall give an account thereof to His Grace the Archbishop of Canterbury.

    21st  And you are to take especial Care that a Table of Marriages as established by the Canons of the Church of England shall be hung up in every Church or Chapel or other Public Place of Worship and be duly attended to.

    22d  And Whereas it has been thought of the highest Importance to the Naval Power of Great Britain that the Seamen and other Persons employed in the Fisheries carried on at Newfoundland should return annually at the end of the Fishing Season to some part of Our European Dominions for the Attainment of which Object various Laws have been passed and Instructions given but the same having failed to a great extent in producing the effect proposed You are to make the most attentive Enquiries you can whether any Measures could now be taken for further encouraging and promoting the return of every such Seaman & Fisherman to the part of Our European Dominions to which he belongs if it shall be thought advisable to adopt such Measures under the Change of Circumstances that has taken place and how far the Provisions of the Acts passed in the 15th & 26th Years of Our Reign for the purpose above mentioned can be made effectual And you are also to discourage and as far as you are able to prevent any of the said Seamen or Fishermen from deserting to any Foreign Country or from going to reside and establish themselves in the Countries belonging to the United States

    23d  You shall use your best endeavours to obtain an accurate account of the number of Persons resorting in each Season to Our Island of Newfoundland and the said Islands adjacent distinguishing those who shall arrive from the Ports of Great Britain and of Ireland respectively and from Guernsey Jersey Alderney & Sark distinguishing also such as are Seamen from Passengers and those who continue to reside there all the Year and the number of Roman Catholics and Protestants with the number of the Ministers of each Religion respectively together with the number of Places of Worship and of

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Schools belonging to each with the best account you can obtain of the Funds for the Maintenance of the same and the number of Births Marriages and Burials in every Year You are likewise to obtain an account of the British Sack Ships and Fishing Ships and of their Tonnage that Annually arrive at the Harbour under your Government and sail for the different Markets either Foreign or British shewing[sic] the Ports they are bound to and the Quantities of each Sort of Fish Oil or other Articles with which they are respectively laden You are also to obtain an account of the number of Boats employed in the said Fisheries either by Our Subjects resorting thither from Our European Dominions or by the Inhabitants of the said Island respectively You are in like manner to obtain an account of the number of Quintals of the different Sorts of Fish taken in each Season and of the Quantity of Oil made whether of Whale Seal or Cod or other Animals living in the Sea together with an account of the Quantity of each of the above mentioned Articles reserved and not sent to Market at the end of the Fishing Season You are also to obtain an Account of the Average Prices at which these several Articles sell during each Season in the Island In making which Enquiries you are to be extremely careful and exact enjoining Our Officers under your Command as well as the proper Officers in those Harbours to which your Personal Inspection cannot extend to be as accurate as possible in the Returns which they shall make to you properly attested and signed by them And all these particulars You are to report to Us through One of Our Principal Secretaries of State according to the Form Schedule A Marked A hereunto annexed And as to such of the said Particulars respecting which more accurate Information may possibly be obtained after your departure from the Island by the Collector or other Officers of the Customs or by Our Naval Officer You are to give directions to the said Officers to prepare accounts thereof attested by each of them according to the Form of the said Schedule and to transmit the same to you to be laid before One of Our Principal Secretaries of State for Our Information And you are to give all due and legal Support to the Officers of Our Customs in the discharge of their Duty who are hereby required with all convenient speed at the end of the Fishing Season to transmit to the Lords Commissioners of Our Treasury an Account of all Articles imported into Our Island of Newfoundland and the Islands adjacent distinguishing the Countries from whence the same were brought and particularly the Provisions imported under the Regulations of an Act passed in the 28th Year of Our Reign Cap. 6 Sec. 13 from the Countries of the United States of America with an Account of the Duties paid on such Articles as are liable to Duty You are also to endeavour to obtain the best Accounts you are able of the Wages paid to the Seamen and Fishermen and in what manner the same are paid And whether the Old Custom of carrying on the Fishery upon Shares is now continued and to what Extent. You are also to endeavour to obtain an account of the Prices at which Provisions and other Important Articles are sold in the course of the Fishing Season and also during the winter And whether the same are paid for in Cash Fish or Bills and if in Fish whether the Fish is rated at the Market price or at what Rate It is Our further Will and Pleasure

[1927lab]


 

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