But this Order being likewise eluded, in February 1669 his Majesty in Council enjoined the Observance thereof, and commanded that a Return should be made of the Names of such as were Offenders, and in the mean Time to stop their proceeding on the Voyage.
       And whereas the Western Adventurers had been for some Time past opposing the placing of a Governor in Newfoundland, which was proposed as absolutely necessary to check the Encroachments of the French, His Majesty, on the 4th of the said Month, upon the Report of the Lords of the Council for Foreign Plantations, rejected the said Proposal, and thereby removed the Fears and Jealousies that the Adventurers had entertained, to the great Discouragement of the Fishing Trade.
       Nevertheless the Fishery was so severely affected by the aforesaid Disorders and Disputes, that the Merchants, Owners, and Masters of Ships, and Inhabitants of the Western Parts of this Kingdom adventuring to Newfoundland were obliged, in December 1670, to petition His Majesty, that the said Fishery might be maintained by Fishing Ships according to its ancient Custom, that Encroachments thereupon might be removed, and that the Majors mentioned in their Patent might be impowered to authorize and depute, from Time to Time, Persons to execute the Laws and Constitutions for the Fishery according to the Intent of the same ; and on the 11th of February following, after the Petitioners, and those that opposed them, had been fully heard by His Majesty in Council, the whole Matter was referred to His Majesty's Council of Plantations ; and it was ordered that their Lordships should consider of the best Ways and Means whereby the Fishing Trade in Newfoundland might be regulated and advanced, and also protected and secured from Foreigners, and how the said Trade might be managed for the Increase of Seamen, and the Advantage of His Majesty and His Subjects, as likewise to take into their Consideration His Majesty's Charter, and the additional Powers desired by the Western Traders, and to report their Opinion upon the Whole to His Majesty.
       Accordingly their Lordships, on the 2d of March following made their Report, and offered it as their Opinion and humble Advice to His Majesty, that the several new Regulations contained in the said Report be added to the Charter ; and on the 10th of the same Month, after the said new Regulations had been seriously considered by His Majesty in Council, those that related to the Adventurers were all approved, except One, whereby it was proposed, that Encouragement might be given to the Inhabitants to transport themselves and their Families to Jamaica, St. Christopher's, or some others of His Majesty's Plantations ; and it was ordered that the said Rules should be added to and inserted in the Charter.
       But when the Adventurers found that the Removal of the Inhabitants from Newfoundland could not be obtained, they seemed to be very indifferent about renewing of the Charter, so the Trade was left to take its Course ; and in 1671, Captain Davies, the Commander of the Convoy, affirmed, “That the said Trade was not then by Two Third Parts so good as he remembered it, when 200 Sail of Ships and 10,000 Men were Yearly employed, and at

length trained up to the Sea,” with which Account the Memorials of the Adventurers also agree.
        In 1674 the Solicitations for a Governor were again renewed, and on the 12th of February it was ordered by His Majesty in Council, That the Lords of the Committee should re-consider this Affair ; who reported on the 15th April 1675, that it had been clearly made out to them,

        That the French had considerably advanced their Fishery at Newfoundland.

        That the People of New England took on their own Coast Yearly about 60,000 Quintals of Fish :

        That the Adventurers had lost many of their Ships in the late War :

        That the Hands which used to make Fish were diminished ; and that the Inhabitants destroyed the Woods, and whatever the Adventurers left Yearly behind ; that they possessed early the Places of greatest Conveniency ; and that most of them sold Wine and Brandy, whereby the Seamen were withdrawn from their Labour, and many seduced to stay on the Place.

        From all which Reasons it was easy to believe there was a Decay in the Trade as to England ; but as to the Proposals for curing all by a Governor, their Lordships could not find that a Governor could cure any Part ;

        “Because the Planters lived scattered in 25 several Harbours which, are almost 80 Leagues asunder.

        That in the Winter, when the Abuses are done, there is no passing by Sea or Land from one Place to another.

        That besides the Charge of Forts and of a Governor, which the Fish Trade cannot support, it is needless to have any such Defence against Foreigners, that Coast being defended in the Winter by Ice, and must in the Summer be defended by the Resort of His Majesty's Subjects, for that Place will always belong to him that is superior at Sea.

        So that unless they had seen proper Reasons for a Colony, they could see none for a Governor ; and against a Colony there are not only the Rigours of the Climate, and the Infertility of the Land, but that they, the Inhabitants, chiefly consumed the Products of New England, and other Foreign Parts, &c.

        Their Lordships further observed, That the French managed their Trade by Adventurers Ships Yearly going out and returning Home ; and that upon computing and comparing the Charge of catching Fish to the Adventurers and to the Planters, they found the former could do it cheaper than the latter, and they had Reason to believe that the English Adventurers in general preserved a Superiority in the Trade, and that they did catch their Fish as cheap, cured it as well, came as early to Market, could there sell as dear, or afford it as cheap, as any of the French could do.”

        So that upon the Whole their Lordships having Recourse unto the Rules settled in Council by His Majesty's Order of the 10th of March 1670, found them all so proper and effectual for the Advantage of the Trade, as to need only the following Additions to make the Trade revive and flourish :

        1st. That all Plantation and Inhabiting in that Country be discouraged ; and in order thereunto that the Commander of His Majesty's Convoy should have Commission to declare, at his going this Year, His Majesty's Will and Pleasure to all the Planters, that they come voluntarily away ; and in case of Disobedience, that the Charter be put in Execution next Year, for in this single Point consists the Validity and good Effect of the whole Regulation.

        2d. That the Convoy help and assist those in their Transportation who desire to return Home ; and to declare that if they choose to betake themselves to any other of His Majesty's Plantations, that the Governors are wrote unto to receive them with all Favour, &c.

        On the 5th of May following His Majesty in Council thought fit, for the several Considerations in the said Report mentioned, to order the Commander of his Convoy bound to Newfoundland to admonish the Inhabitants, either to return Home to England, or to betake themselves to others of His Plantations, and to direct that Letters be prepared unto the several Governors of the said Plantations, that in case any of the said Inhabitants of Newfoundland should arrive within their respective Governments, that they be received with Favour, and that all convenient Help and Assistance towards their Settlement be afforded unto them.
        And on the 27th of January 1675, His said Majesty, after due Consideration had of the best Ways and Means of regulating, securing, and improving the Fishing Trade in Newfoundland, passed the new Charter which recited and confirmed all the old Laws, and several others were added for the better Government of the Fishery ; which if they had been as steadily supported and executed, as they were carefully concerted, in all Probability the Subjects of France and the People of New England had reaped very little Benefit by their Fisheries, and this valuable Branch of the British Trade had been firmly re-established and secured.

        The additional Regulations to the Charter are as follows :

        1st. That His Majesty's Subjects may take Bait and Fish in Newfoundland, and cut Wood for Stages, &c. provided they submit unto and observe the Rules and Orders that are or shall be established.

        2d. That no Alien take Bait or Fish between Cape Race and Cape Bonavista.

        3d. That no Planter cut down any Wood, or inhabit within Six Miles of the Shore.

        4th. That no Planter shall take up any of the Stages, &c. before Arrival of the Fishermen ; and that they be all provided for.

        5th. That no Master of a Fishing Ship transport any Seaman or others to Newfoundland, unless they belong to his Ship's Company.

        6th. Not more than 60 Persons to 100 Tons.

        7th. That every Fifth Man carried out of England be a Green Man, and not a Seaman ; and that the Masters provide in England Victuals and other Necessaries for the whole Voyage, Salt only excepted.

        8th. That no Fishing Ship do depart directly for Newfoundland in any Year, before the 1st of March.

        9th. That the Masters give Bond in £.100 to His Majesty before the respective Mayors, conditioned not to carry out any Persons to Newfoundland as aforesaid, and to bring back such as they shall carry out, unless employed in the carrying Fish to Foreign Markets.

        10th. That no Master take up any Stage already built with less than 25 Men ; and that no Fisherman remain in the Country after the Fishing Voyage is ended.

        11th. That the Admirals, Vice Admirals, and Rear Admirals be and are authorized and required to preserve the Peace in the Harbours as well as on the Shore, and to see the Rules of the Fishery put in Execution.

        12th. And to secure and bring Offenders Home to England.

        13th. That they Yearly publish in their respective Harbours, on the 20th of September, these Orders, forbidding all Seamen to remain in Newfoundland after the last of October.

        14th. That they keep Journals, and deliver Copies unto His Majesty's Council for Foreign Plantations.

        And lastly, because there is no Court Martial in England at present, that if any Man in Newfoundland shall kill another, or steal Goods to the Value of 40s. he shall be brought Prisoner into England, and his Crime made known to One of His Majesty's Principal Secretaries of State, to the End Order may be given to punish such Offender according to Law.

        Upon these Encouragements and Assurances the Western Adventurers immediately returned to the Fishery, and employed

and in the same Years the Number of the Inhabitants (beside Women and Children) was as follows :

for, notwithstanding His Majesty's Orders as aforesaid, they still remained in the Country.
       However, the Adventurers being encouraged by the Lords of the Committee to put the Laws of the Charter in Execution, they began in 1676 to restrain the Disorders of the Planters, and to prevent the Transportation of their Servants ; but upon Petition of the said Planters in November following, and the Solicitation of those who were either excited by the Hopes of procuring Advantage for themselves, or influenced by the French, whose fishery must have been soon rendered precarious if the Charter had been observed, an Order was obtained on the 18th of May 1677, importing,

       “That the Planters in Newfoundland be continued in Possession of their Houses and Stages according to the Usage of the last Years, until further Orders.”

       The said Inhabitants being flushed with this Success, the old Schemes for establishing the Colony and settling a Governor were again revived, and the Necessity therof strenuously asserted by some, and opposed by others.
       The Right honourable the Lords of the Committee hereupon directed the Commissioners of the Customs to consider those Proposals, and to report their Observations and Opinion relating to the Settlement of the Trade and Fishery at Newfoundland.
       Accordingly the said Commissioners, on the 26th March 1680, after they had fairly stated the whole Matter, offered to their Lordships, as their Opinion,

       That the Settlement of a Governor and a Colony in Newfoundland, under such Rules and Methods as were proposed, and that to entrust the regulating of the Fishery in a Governor, will tend greatly to the Prejudice of the Newfoundland Fishery ; that by discouraging the English Fisherman the French will be greatly encouraged ; that what little of this Trade shall remain in the Hands of the English will by Degrees fall wholly into the Hands of the Planters and New Englanders, and that by consequence His Majesty's Customs both Outwards and Inwards will be greatly prejudiced.

       But if His Majesty should think fit to fortify the Harbour of St. John's, and to make a Governor of the Fort, and to arm the Governor with a Military Power to command the People of that Country (on Occasion) for their Defence, and with Civil Power for punishing Vice and keeping good Order, without having a Power over the Fishery, or infringing the Charter, they thought

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