the same might be of good Use ; and no Prejudice to the Trade or His Majesty's Customs.
       Nevertheless these Arguments had not their due Effect ; and on the 18th of April 1680 it was further ordered, that His Majesty's Intentions to settle a Governor and erect a Fort in Newfoundland for the Preservation of His Sovereignty, and good of the Fishery, should be signified unto the Magistrates of such Towns in the West of England as were chiefly concerned in that Trade, that they might transmit their Opinions in what Manner and under what Regulations such a Governor might be settled.
       In Obedience to His Majesty's said Order the Western Corporations respectively represented the Hardships and Difficulties they had formerly struggled with under a Governor in Newfoundland, and that they apprehended the Fishing Trade would be greatly discouraged and prejudiced if a Governor was settled there, and therefore they pray that His Majesty's Sovereignty may be maintained by Ships of War to be sent Annually thither, and that the Charter granted by His Majesty in the 27th Year of His Reign, for the Encouragement of the Fishery, may be enforced and put in Execution, as the best and only Methods to preserve and secure the Trade.
       These Representations had so much Weight that the aforesaid Proposals relating to a Governor were laid aside ; but the Regulations and Laws of the Charter being enervated by these Disputes, the Fishing Trade very sensibly declined from the Time that the Order for removing the Planters was revoked.

       But this Decay of the Fishing Trade was not the only Loss this Kingdom sustained on this Occasion ; for as Captain Jones, One of the Commanders of the Convoy in 1682, hath affirmed of his own Knowledge, the Traders from New England to Newfoundland Yearly made Voyages for the Sake of spiriting away the Fishermen ; so that the Newfoundland Fishery, which was formerly the great Nursery for breeding up stout and able Mariners, was now become a mere Drain, that carried off very many of the best and most useful of all the British Sailors ; and it is too notorious that this Practice has prevailed ever since.
       Neither can we omit observing from the Accounts transmitted to the Lords of the Committee by Sir Francis Wheeler, the Commander of the Convoy in 1684, that the Planters carried on their Fishing Trade with great Disadvantage, their extraordinary Charge of Wages and Provisions amounting to One Third Part more than was expended by the Western Adventurers ; and although their selling of Strong Liquors to the Fishermen at dear Rates

did somewhat help them, yet this was such an apparent Prejudice and Discouragement to the Adventurers, that it was no Wonder so many of them were driven away from the Fishery in 1682 and 1684, as has been already mentioned.
        Nor doth it appear to us that the Fishing Trade was afterwards, during the Reign of King James the Second, upon a better Foot, or that the least Care was taken to remove the aforesaid Obstructions, much less to retrieve Trade ; but, on the contrary, notwithstanding the French Fishery was prodigiously increased both at Placentia and to the Northward of Cape Bonavista, and that the Value of the Fish taken by the English Adventurers after the Year 1682 fell short of the Value of what was taken in 1676 at least £.100,000 per Annum ; nevertheless the Subjects of this Kingdom were restrained, by the Treaty concluded between Great Britain and France in 1686, from fishing in such Places as were held or possessed by his Most Christian Majesty in America ; which seems derogatory to the Charter, and to the Statute 15 Car. II. Chap. 16, whereby several Regulations are prescribed and ordained to be observed in any of the Harbours in Newfoundland.
        Moreover, the succeeding War with France in 1689 still added to the Misfortunes of the said Trade, not only as it was thereby rendered impracticable to pursue such Measures as were necessary to reform the aforesaid Disorders and Mismanagement, but from the Difficulties and Hazards that unavoidably attended the Adventurers in prosecuting the same. However, they employed every Year some Ships more or less, as they could obtain Protection for their Men ; and the Inhabitants maintained (as formerly) about 300 Boats per Annum, until the French, in 1696, without any Regard to what was stipulated by the 18th Article in the Treaty of 1686, ravaged several of the Harbours in Newfoundland, and destroyed all that appertained to the Fishermen ; whereupon His late Majesty King William the Third erected a Fort at St. John's for the better Security and Protection of His Subjects and their Trade.
        But upon the Conclusion of the Peace at Ryswick, the Adventurers, either forgetting the Difficulties their Predecessors were not able to surmount, or imagining that the Inhabitants, by Reason of the severe Losses they had lately suffered, were rendered incapable of carrying on the Fishery ; or else very probably adhering (for their own private Ends) to the Practice of those refractory Masters of Ships who could not be restrained from transporting Passengers, they re-assumed and returned to their old Trade with fresh Vigour ;

        And in 1698 there were employed by the

        The Fishery at Newfoundland being thus revived, and His said Majesty, in His most gracious Speech from the Throne on the 9th December 1698, having recommended it to His Parliament to employ their Thoughts about some good Bills for the Advancement of Trade, they were engaged to take the State of this Fishery into their Consideration ; and in order to restore good Government, and to prevent Contentions and Disorders for the future, an Act was passed in that Sessions, intituled, An Act to encourage the Trade to Newfoundland.

        The abstract whereof is as follows :

        1st. That it is and shall be lawful for all His Majesty's Subjects residing in England to have and enjoy a free Trade to Newfoundland as formerly ; and that no Alien or Stranger whatsoever take any Bait or Fish there.

        2nd. That no Ballast be thrown out to the Prejudice of the Harbours.

        3rd. That no Person destroy or deface any Stage, Cook Room, Flakes, &c.

        4th. That according to ancient Custom, every Ship that first entereth a Harbour shall be Admiral of the said Harbour, &c.

        5th, That Stages, &c. taken up and detained since 1685, be relinquished for the Use of the Fishing Ships.

        6th. That no Inhabitant shall possess any Stage which since 1685 did or shall belong to any Fishing Ship, until the Fishing Ships from England are provided.

        7th. Provided that such Persons as have built any Houses, Stages, &c. that did not belong to Fishing Ships since 1685, may enjoy the same.

        8th. That no Bye Boat Keeper shall meddle with Stages, &c. which did belong to Fishing Ships since 1685.

        9th. That Bye Boat Keepers shall carry out, and Inhabitants employ, Two Fresh Men in Six, and Fishing Ships One Fresh Man in Five ; and that the Masters of the Ships and Boats make Oath accordingly.

        10th. That every Master of a Fishing Ship shall have in his Ship's Company One Green Man in Five.

        11th. That no Person cut out or alter the Marks of any Boats or Trainfats to defraud the right Owner.

        12th. That no Person shall rind the Trees, nor set Fire to or destroy the Woods, except for necessary Uses ;
        Nor cast Anchor so as to hinder the haling of Seynes in Baiting Places ;
        Nor rob the Nets of any Drift Boats, or take away any Bait or Nets out of the Fishing Boats.

        13th. That Murders, Felonies, and all other Capital Crimes, committed in Newfoundland, shall be heard and determined in England.

        14th. That the Admirals of the several Harbours be and are required (in order to preserve Peace and good Government as well in the Harbours as on the Shore) to see this Act put in Execution.

        15th. That the said Fishing Admirals determine all Differences between the Masters of the Ships, Inhabitants, and Bye Boat Keepers, concerning the Right or Property of Fishing Rooms, Stages, &c.
        But if any think they are aggrieved by such Determination, they may appeal to the Commanders of any of His Majesty's Ships of War.

        16th. That the Lord's Day shall be strictly and decently observed ; and that none of the Inhabitants shall sell or dispose of any Liquors on that Day.
        Upon the passing of this Act, and the Success of the Fishery in the last Year, the Adventurers, Bye Boat Keepers, and Inhabitants, applied themselves very earnestly to the Fishery ; and there was employed,

        But as this Act had not that good Effect which the Adventurers expected, they were from this Time forwards constrained to give Place to the Inhabitants; for in 1701 the Fishery of the Adventurers was reduced to 75 Fishing Ships and 338 Boats.
        Whereas there was then kept,

By the Bye Boatmen   ..   ..   ..   97 and By the Inhabitants        ..   ..   .. 558

Boats.

        Afterwards during the War there was employed,

         And it is computed that it continued (Communibus Annis) near upon the same Foot from that Time to the Conclusion of the Peace at Ryswick in 1697.

[1927lab]