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against the next Fishing Season, and that the aforesaid Act of 10th and 11th
Gul. III. has provided, “ That all such Persons as since the 25th of March
1685 have built, cut out, or made (or at any Time hereafter shall
build, cut out, or make) any Houses, Stages, Cook Rooms,
Trainfats, or other Conveniencies for Fishing there, that did not
belong to Fishing Ships since the said Year 1685, shall and may
peaceably and quietly enjoy the same to his or their own Use,
without any Disturbance of or from any Person or Persons
whatsoever : ”
It is found by Experience, that the Shipping which was employed in the
Fishery about the Time King Charles the Second granted his Second Charter,
cannot be now accommodated as formerly in the principal Harbours where the
Planters generally remain.
For the Number of those Ships being reduced some Years before 1685
to One Third Part or thereabouts of the Number that was Annually employed in 1675, 1676, and 1677, and the Trade
continuing near upon the same Foot from 1685 to the Time the said Act was under Consideration, the said Ships neither
did nor could occupy in that Interval more than One Third Part of the Stages and Rooms which had been in the Possession of the
Fishing Ships in the aforesaid Three Years ; and without Doubt the rest were either decayed or destroyed in their Absence.
But the Inhabitants having built, cut out, and made, since 1685, several Houses, Stages, Trainfats, &c. in the same Places where
the other Two Third Parts of the Fishing Ships, Rooms, and Stages were formerly erected and fixed, the Fishing Ships are deprived
by the Act of the Right they had to the said Places ; wheresoever, therefore, they shall be again encouraged to return to the
Fishery, they will be obliged to hire their Conveniencies of the Planters in the same Manner as in 1698, in which Year, according
to the Accounts transmitted by Sir John Norris from Newfoundland, they paid from £. 5 to £. 15 per Boat, which
must be assigned for One of the Reasons why they quitted the Fishing Trade so soon after the Act passed, and why they have declined
it ever since ; nevertheless, as the said Act has directed, by a preceding Clause, that those who had detained after 1685 any Beach
or other Places for curing, drying, or husbanding of Fish, which before that Time belonged to the Fishing Ships, should relinquish
the same to the public Use of the Fishing Ships arriving there. It cannot be imagined that the aforesaid Proviso was intended to
abridge them of so great and necessary a Privilege, much less to permit the Planters to possess more Flakes and Beach than they
actually want for curing and drying their Fish, in proportion to the Number of Boats they employ or to extend their Flakes and Huts
by the Water Side, or behind those of the Fishing Ships, contrary to the ancient Custom of the Fishery.
It must be also remarked, that notwithstanding Placentia and several
other Places lately possessed by the French in Newfoundland, were surrendered to Great Britain in compliance with the Treaty of
Utrecht, the Fishing Ships enjoy no other Advantage thereby than by fishing at the Island of St. Peter's ; the Stages, Beaches,
&c. at Placentia, and in those Parts, being engrossed by some of Your Majesty's Subjects inhabiting there. For
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although the French, by the 14th Article of the said Treaty, were only allowed to remove with their moveable Effects,
yet her late Majesty, by her Letter of the 23d of June 1713, to Colonel Nicholson, having permitted them to dispose of
their Houses, Beaches, and other Immoveables, they were bought up by particular Persons in Hopes of letting them out
Annually to the Fishermen, which has effectually discouraged the Fishing Trade in that Part of the Country.
To which may be added, That the Importation of Wine, and all other
Necessaries (except Salt) for the Fishery by the Ships which proceed to Newfoundland from Portugal, Spain, and other Foreign
Parts, is a Discouragement to the Adventurers in general, whose Ships are victualled, and Stores provided in this Kingdom.
Nor can we conclude without taking Notice, that we have lately received
Letters from Your Majesty's Consuls, and the Merchants residing in Spain, Portugal, and Italy, that the Fish brought to those
Markets from Newfoundland, for some Years past, has been for the most Part so very ill cured, that the Consumption thereof is
greatly abated, and that the Trade is in Danger of being thereby lost.
Upon the Whole, therefore, we most humbly crave Leave to offer it as
our Opinion to Your Majesty.
That this important Fishery at Newfoundland can never be revived or
restored to its former flourishing State and Condition until it be again wholly carried on by Fishing Ships, according to
its ancient Custom, and regulated by Laws agreeable thereunto.
And that the most effectual Method to remove all the afore-mentioned
Obstructions, and to restrain the Irregularities and Disorders of the Fishermen, as well as to encourage the Adventurers to
return to their Employment, would be to remove the Inhabitants or Planters to Nova Scotia, or to some other of Your Majesty's
Plantations in America.
Nevertheless, lest this should be esteemed a Hardship on such of the
Inhabitants as have erected Houses, or made any other Conveniencies for their fishing in Newfoundland, under the Encouragement
which seems to have been given them by the Act of the 10th and 11th Gul. III. we shall shortly beg Leave to offer to Your Majesty
some Heads of a Bill for remedying the Difficulties and Abuses the said Fishing Trade doth at present labour under, to the great
Prejudice of Your Majesty's British Dominions.
All which is most humbly submitted.
(Signed) J. CHETWYND,
CHA. COOKE,
Whitehall,
P. DOCMINIQUE,
Dec. 19th 1718.
T. PELHAM,
MARTIN BLADEN.
Office of Committee of Privy Council for Trade,
Whitehall, 11th March 1793. A true Copy.
GEO. CHALMERS,
Chf Clk Com. Cl Trade.
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