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p. 707
Unobjectionable—with exception to the Clause underlined in red Ink, which may be considered Obsolete.
Unobjectionable—But as the increased population has rendered it necessary to augment the number of Public Houses, I should recommend that the number to be licensed in future should be left at the discretion of the Magistrates, Subject to the Control of the Governor.
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the Supreme Court of Judicature, except only in cases where it may be inconvenient to try Offenders in the said Supreme Court.
14th
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 made known. It is our express Will and pleasure that you do not suffer any Commission or Warrant Officer of 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.
15th
And whereas the immoderate use of Liquors has been found to be pernicious to the health & morals of our Subjects dwelling in and resorting to Newfld 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
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* These words are underlined in red ink in the original document.
p. 708
Unobjectionable.
Unobjectionable. |
requisite for the accommodation and supply of our said subjects, particularly in the town of St John, the number necessary for which you will when on the Spot be able to judge of. It has been suggested that fifty 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.
16th
And whereas the monopolizing and engrossing of any provisions, Stores or Commodities, necessary for the subsistence of the fishermen and others employed in the Fisheries, 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 Methods 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 Combination to enhance the price of provisions or of any of the Articles before mentioned, tending to the distress of the Fishermen.
17
And 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 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 |
p. 709
Unobjectionable.
Unobjectionable.
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not giving Offence or Scandal to the Government.
18
It is our further will and pleasure that you do cause the Laws made against blasphemy, profaneness Adultery, Fornication, Polygamy, Incest, profanation of the Lords day, Swearing and Drunkenness to be rigourously 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 the several Harbours at the proper time of the year appointed for that purpose, and for the further discouragement of Vice and promotion of Virtue and good Morals you are not to admit to 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 Lords 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.
19
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, if any person not being in Orders shall preach or administer the Holy Sacra- |
p. 710
Unobjectionable.
The first part of this article appears to have become obsolete, as the impracticability of compelling the return of the Fishermen under the change of circumstances that has taken place, has already been described, and I fear a measure so desirable as this was for Great Britain can never again be enforced. Still I am of opinion that a clause which should remain to discourage and passed and prevent Seamen, Fishermen, & others from deserting to Foreign Countries, or from going to reside and establish themselves in the Countries belonging to the United States of America.
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ment in any Church or Chapel, you shall give an Account thereof to His Grace the Archbishop of Canterbury.
20
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.
21
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 and Fisherman to the part of our European dominions to which he belongs, if it should 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 prevent any of the said Seamen or Fishermen from deserting to any Foreign Country, or from
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p. 711
Unobjectionable—with the trifling correction hereafter noticed, which appears to be necessary from the recent change in the system of our Laws of Navigation & Trade.
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going to reside and establish themselves in the Countries belonging to the United States, or even in any of our own Colonies in North America.
22
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 and Sark, distinguishing also such as are Seamen from Passengers and those who continued 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 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 harbours under your Government and sail for the different Markets either Foreign or British shewing 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
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[1927lab]
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