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The following diagrama illustrate the method: Lea cartes, planches, tableaux, etc., peuvant Atre fiimAs A des taux da reduction diffArants. Loraqua le document est trop grand pour Atre reproduit en un aaui clichA, 11 eat filmA A partir de Tangle supArieur gauche, de gauche A droite, at de haut en baa, en prenant le nombre d'fmagaa nAcessaira. Las diagrammea suivants illustrent la mAthode. irrata to pelure. in A (4]. n 32X 12 3 1 2 3 4 5 6 -:■■ *; ■'^ I r i„; ■^ '■ v> HISTORY OF THE .:■ , '♦ . ' ■■ .... GOVERNMENT - >^. ^:: Ot NEWFOUNDLAND. ■Tl. ,■■'' ,*/..,..,-*■■. ,-i^ ';, ....;;. ■^ ■ '-'■*'»-■ ( « * ■^ -,."■,:, < I / 4 .• v> ^ : fe 1^ X -l-j- ^- O i> w m a- t ir r ..^ _-J - » 114 -■„",-J---?WS«-«^'~-i'*-':^- W' ^[«S.rfi^ \s Ut-.^-„ -■■-'^■-■- - ^iinffr'n i^ir:^cy' HISTORY or THE GOVERNMENT OF THS |t>-,««AB^ ISLAND OF NEWFOUNDLAND. iifv, '^'v•> •, 4 r^ ^v .;.^A P P E N D I X; -* ^M ^ -^.,1 ^ , ^ CONTAININO . ■ ^ THE ACTS OF PARLIAMENT MADE RESPECTING ^^\ k THE TRADE AND FISHERY. BY JOHN REEVES, Esq. CHlir JUSTICI OF THB XtLAND. LONDON: ^ItlNTBD FOR J. SEWBLl, CORNHILL ; J. DEBRBTT, PICCADILLY; AND J. DOWNES, N". 240, STRAND. »793' /^ fy?/.,*^.^ .^ i%<%^^^^-,^ a^ ' jf . C^*'^- ,^^:s^*■■^ ^-j^K^' I GIVE the Profits of this Book for the Relief of the fleering Clergy of France, Refugees in the Briti/b Dominions ; and I beg of Mr. Sewell p undertake the Trouble of managing the Pub" llcalion to the bejl AdvanUge for that Purpofe'. y. REEVES. )-m .'"«i"i -Ui*- Vtf-^Wl^HhKi.fc* «*.->■ h^ .*i^«fV'VJ*"-'*UJt>i.^ -*•«■•' iff**'*-* '■*■-' "Wfe"' -•-" *^' vv r.'?;)L' • \'- PREFACE. r t A F T E R ihy teturn from New- foundland, in the year 1791, I was curious to look back into what had been done, in former times, on the fubjedt upon which I had myfelf been juft employed. I accordingly look- ed over the Newfoundland Entries, and the Newfoundland Bundles^ among the books which belonged to the late board of trade; and I then purfued the fubje6l through the Registers of the preieiit committee of coTmcil for trade and plantations. I was very much ftruck with the matter and refle6lions furniihed by this refearch ; and I wifhed that the ufe- ■Ml •J'" ''>•'. '%>.■ • Ufeful information, which I had deri-^ ved from this retrofpedt, might befeen by thofe, who had at that time to confider the fubjedl of Newfoundland, Hence arofe the prefent Hiftory ; and as the fame fubjedl is now before the Houfe of Commons, I have ventured to print it, and throw it among the other materials under examination. •df I"' 'f.; ■.•• ■ ■i :)■"■ If this public enquiry had not been inftituted, the frory here told would have been confined to the circle for which it was originally intended. « j ^.> i* V^ * 1 • V " ; -.* ' 1 April I'jc)^. Jk R* ■■> •'' A ♦^i-- - ■ ".r ■ . : t,'. \'.i ' .'^'J ' i L . '' ■■:- W 'ji (, k-7 -^ .'< v. •!■/' 'vm ?*<..(• s •-■■! hot y CONTENTS, PART I. Different Charters granted— Rules and Re- gitliitlons of the Star Chamber — Of ap- point ing a Governor — Additional Rules — Report agahji a Governor -^ Sir John Berry's Advice — Bye Boat- keeper s, what? — ^uejlion of a Colony argued — Stat, lo fcf u Will, 3. c, 25. 5 PART II. Mr, Larkin*s Obfervations — CharaHer of the fjhing Admirals — Character of the Com* manders — IVant of Police — Opinion of the Board 1706 — Reprefentation 1708 — For Sea Commanders to command at Land — Such Commijfion ijfues — Laws and Orders made at Nezvfoundland — Reprefentation 1 7 1 8— Claim of the Guipufcoans to Fi/h — Of the JLand ceded by the French — A Salmon Fijhery grant sd-^O pinion on the yth Sec, cfStat, 10 and 1 1 IFill. ^.-^Reprefentation lyzS-^Recommends a civil Governments-^ A civil Governor is appointed — Disorders of Newfoundland, and Condu^ of the fJJo- ing Admirals during this Period — Com- plaints from the Merchants, 2 z m m #■ m tONTENTS. PART III. Jujlices appoinnd — Opinion on raiftng Money by the Juftices^Contefi between the Juf-^ iices and fifiin^ Admirals — Opinion on the Authority of thf Admirals — A Court of Oyer and Terminer propofed^^-'Such Com» miJjUon iJfued-^Lord Baltimore revives his Clatm-^The Peace of iy6$'^Remarks of the Board on Stat, lo &f ii fP^tlL 3.— Newfoundland a Plantation — Cujlom houfe eflablifhed-^P roper ty in Flakes, ^c, dif- Cujfed-Stat^ If, Qeo, 3, c, 31. 97 PART IV. j> .i.\.ii A I vs >r< Import of live Stock^tac, — Reprefentation on a Bill brought in by the Wejlern Merchants-^ Three A^s pajfed — Complaints about Courts "■-Review of the Courts at Newfoundland — Fijhlng Admirals — Surrogates — The Go-^ vernor holds a Court-^Courts of Vice- Admiralty and SeJ/wns^-The Governors ceafe to hold Courts — Court of Common Pleas inJIituted-'-Complaints againjf it-^ Reprefentation — And Acl pajfed for a Court of Civil Jitrifdi^ion. 129 HISTORY Uiii-lE I I INTRODUCTION. I INTEND to give a fliort hiftoryof the Government and Conditution of the ifland of Newfoundland, This will comprife the druggies and viciflitudes of two coiKcnd- ing interefts. — The planters and inhabitanti on the one hand, who, being fettled there, needed the protection of a government and police, with the adminidration of juflice: and the adventurers and merchants on the other; who, originally carrying on the fifhery from this country, and viiiting that ifland only for the feafon, needed no fuch protection for themfelves, and had various reafons for preventing its being afforded to the others. m m . r .; B This INTRODUCTION. This nanativc will divide itfelf into four periods, or parts. Thefirft will clofe with the pafling of flat. lo & 1 1. Will. 3. c. 25. by which the adventurers and merchants were fuppofed to haTc obtained a prefer- ence, and advantage over the pretenfions of the inhabitants, and planters. The fecond will end with the appointment of a civil governor, and of juftices of the peace in 1729 ; by which fome flop was put to the diforder and anarchy that had long prevailed in the ifland, efpecially during the winter feafons. This may be coniider- ed as an advantage gained by rhe inhabi- tants and planters. The third clofes with Stat. 15, Geo. 3. c. 31. commonly called in the iiland Sir Hugh Pallifer's aS, which was intended for giving an advantage to the lifhery carried on from the mother coun- try ; but, as it obliges both merchants and planters to pay their fervants' wages, it is equally abhorred by both parties ; and both parties have fliewn great readineft to join in afierting> that the fiihery has gra« dually INTRODUCTION. dually decayed ever fince the pafling of this adt. The fourth comes aown to the year 1791, when a court of civil jurif. didtion was eftablifhed upon principles which, it was thought, would fecure the impartial adminiflration of juflice to the merchant and the planter, the rich, and the poor, the mailer, and the filherman. B% PART 1 1, m '■■M ••V { 5 ) PART I. Different Charters granted— Rules and Re- gulations of the Star Chamber— Of ap- pointing a Governor-^Additional Rules-— Report againfl a Governor — Sir John Berry* s Advice— Bye Boat- keepers, what f — §lueJiion of a Colony argued— 'Stat, io» &f 1 1. Will, 3. c, 25. Ni EWFOUNDLAND, like other new part i. difcovered lands in America, was endea- „^*""V"^ ' From Queen vourcd to be fettled, and improved by Elizabeth w - - , Stat. 10 and II means of charters granted from the crown ; wiu. 3. it being hoped that individuals would, in this manner, be tempted to purfue the public advantage, through the medium of their private intereft. Charters were granted at five different times. The firft Different char- was in 1578 to Sir Humphry Gilbert, who*'" granted. had thereby full power given him to pof- fefs all lands in Newfoundland not in ac- B 3 tual m .1!' ^ HISTORY OP PART I. tual poffeffion of any Chriftian prince. From Queen By virtuc of this authority, he, in 1583, sta"io &°ii landed in St, John's Bay, and we are told, ^'"'^* that calling together both-Englifli and ftrangers then fifhing, he took poffeffion of the country in the queen's name, and created the arms of England upon a pil- lar of wood, in teftimony of her majefty's fovereignty. The y^<:(7»f a tradt of land called the Province ofAvalon, lying to the fbuth eafl point of the ifland, extend- ing between ports Fermofe and Aquafort to ■ ^^^etty Harbor, and from thence weflward to the bay of Placentia, There was alfo a grant to him of the property of all iilands lying within ten leagues of the eaftern ihore, NEWPOUX7DLA2VD. -I Ihorc, together with the fiihing of all part i. forts of filh, faving to the Englilh the free Fronj^een liberty of fiftiing, falting, and drying of ^Sf^ToV., fiih. Will. 3. The fourth charter was granted in 1628, to the Marquis of Hamilton^ the Earl of Pembroke, Earl of Holland, Sir David Kirk, and others ; and under pretence that Lord Baltimore (the heir of Sir Geo. Calvert)^ and other proprietors, had deferted the plantation, this grant included the pro* vince ofAvalon* In this grant it was pro- vided, that no perfon ihould plant or in- habit within fix miles of the Tea ihore be- tween cape Race and cape Bonavijla, Thus far did the crown go in the grant- ing of four exduiive rights in Newfound- land. But this detail gives us no infor- mation as to the conftitution and re- gulation of the iiland, its trade and fiihery. On this head we find, that in 16 1 5 Captain Richard ffhitburne was fent out with a commiffion from the high court of admiralty, authorizing him to impan- nel juries, and to make inquiry upon oath, of fundry abufes, and diforders commit- ted every year, among the fiihermen upon tliat coaft. B 4 In i m 1 ■^ i-" 9 HISTORY OF PART I. In the year 1633, the flar-chamber took up the fubjed of the fifhery : — a petition From Queen Elizabeth to Stat. 10 & 1 1 Elizabeth to ^nd complaint had been there preferred by Will. 3. the merchants and owners of (hips in the SSo„Vo"Ahrweft of England; and that court, after ftar.chamb«r. taking the fame into coniideration, was pleafed to iflue the following order, for better regulating the trade. If a man killeJ another, or flole to the value of forty (hillings, the offender was to be brought to England, and the matter was to be tried by the Earl Mar(hal ; and if the fadt was proved by two witnefles, the offender was to fuffer death. — No bal- laft was to be thrown out of (hips to the prejudice of the harbours — no perfon was to deface or fpoil any ftage, cook-room, or other building — the (liip that firft entered the harbour was to be admiral — no perfon fhould deface or alter the marks of any boats, to defraud the owners — no perfon was to fleal any fifh, train, or fait, or other pro- vifion, belonging to the filhing (hips — no perfon was to fet fire to the woods, or rind the trees, except for cook-rooms — none were to caft anchor fo as to hinder the haling of fcines — none ihould rob the nets of NEWFOUNDLAND. of any drift boats — no tavern fhould be fct part i. up for the felling of wine, beer, (Irong water, f^^I"^5e^ or tobacco— tlie company were to affemble ^i>"betii to *■ J Stat. lo te n themfelves on Sunday to hear divine fervice ^'"- 3- — the mayors of Southampton, IVeymouth, and certain other towns, were to take cognizance of all complaints made againft any offender upon land«— the vice-admiral in the counties of Southampton, Dorfet^ Devon, and Cornwall, was to proceed againft offenders at fea. — Thefe laws were to be in force till they were annulled by hisMajefty; and the admiral in every harbour of the ifland was to make proclamation of them. On tlie 20th of February following, a charter, being the fifth, was granted ac- cording to the tenor of this order, made by the ftar-chamber, to the merchants and traders to Newfoundland, In the year 1650, the council of flate gave a commifflon to John Treworgay, mer- chant, who was then in the ifland, to order affairs therefor the heft advantage of theftate ; which commiflion was renewed in 1653. A commiffion was alfo obtained in 1655 by Sir David Kirk (who had been one of the grantees in the charter of 1628), toge- ther m '-'p. m m to HISTORY OF ' ;ii ' ilii' PARTI, thcr with John Claypole^ John Goffe, and From ^ueen othcfs ; but it docs not appear that any s«?^ & n ^^*"g w^s done thereupon. Will. }. After the reftoration, Lord Baltimore, who had been difpoflcfled of the province of Avalon, by the charter granted to the Mar- quis of Hamilton and others, obtained orders in 1660, for a reftitution of that province. And there was alfo on the 24th January 1660 a renewal and con- firmation of the charter granted to the merchants and traders in February 1633 ; on which occaiion this additional provilion was made : " That no mafter or owner '* of any (hip ihould tranfport any perfons '* to Newfoundland who were not of the ** ihip's company, or fuch as were to •* plant and fettle there." In fupport of this lafl provifion, a letter was written on the 4th December 1663 ^Y the lords of the privy council, enjoining the magidrates of the weftern ports to take care that no owners of ihips, trading to Newfoundland, fuffered any perions to be tranfported thither, other than fuch as were of the ihip's company, and the officers of his Majejiy^s cuftoms in the feveral ports therein named A NEWFOUNDLAND. XX named dircfted, and to charge all matters part u of (hips to Obfcrve this rule. In the 3 5th From Queen year of CharlesII. the parliament made fome f !!"'',"*'& **, regulation refpefting this trade and fifhery.^*"- 3* By ftatute 15 Car. 2, c. 16, penalties arc impofed on planters and others, who de- ftroy the fry of fifti, or burn or deftroy boats left in the harbour, or pull down houfes or (lages built by the Englifh to live in during the Bfhing feafon ; and no toll is to be demanded for fifh of EngliHi catching. In the year 1667, the filhery of New- foundland underwent a more mature dif- cuflion than it feems before to have receiv- ed. In Auguft of that year feveral petitions, were prefented to the privy council from the merchants, owners of Ihips, and others, inhabitants of the towns of Totnefs, P^V- of appomtiof a mouth, Dartmouth, and places adjacent, ^°^*™*""* concerned in the trade to Newfoundland. They ftated, that feveral perfons, upon fpc- ous purpofes, and for finifter ends, were endeavouring to eftablifh a governor, which had always been pernicious to the filhery; and becaufe they were unable to attend or bear the charges of folicitation, and fending witnefles to fuch a diftancc, they prayed .UV.V ; ml t% HISTORY OF ill,'!! PART J. prayed his Majefty to empower fiich pcr- From v^uctn ^°"* ^^ 'hc couiiiy of DcvoH, as his Ma- s.«:''',o&;° J^^y ^""1^1 think fir, to hear and exa- ^'"- 3' mine the whole matter, and make report thereof to die council. Upon confidera- tion of thefe petitions. Sir Edzvard Seymour i Sir John Northcott, Sir fHlliam Courtnayy Sir iTjomas Carew, Sir PFalter Toung, and other gentlemen of Devonlhire, were ap- pointed to enquire into fadts concerning the mifcarriage of former governors to the damage of the trade ; and the peti- tioners were alfo required to prepare rea- fons to make good the allegations of their petitions. In confequcnce of which, de- pofitions were taken at Totfiefs, in which were certified the inconvenience of appoint- ing a governor, and the prejudice that would ncceflarily thereby enfue to the fiihery, r , \ ■ However, on the 6th December follow- ing, the company of merchants, adven- turers, and owners of fhips, trading from Brijlol to Newfoundland, and feveral other merchants, petitioned his Majefty to pro- vide a remedy to the dangerous condition of thefifhery (which, they faid, was likely to fall into' the hands of the French), by fending NEWFOUNDLAND. »3 fending fome able perfon a governor, with PART 1. guns, arms, ammunition, and other ma- From Queen terials, neceflary for fortifying fome of the st^J^ " &"„ This matter was referred by ^'"' *" harbours. his Majefty to the Earl of Anglefey, Lord AJfjley, Mr, Comptroller, Mr, Fice -Chant' berlain, and Sir IVilliam Coventry, Thcfe perfons entered into an examination of all the papers, and alfo of fundry merchants and other perfons ; but no refolution appears to have been taken thereon till 1669, when a Captain Robert Robin/on pe- titioned for the fcttlemcnt of a governor ; and, on a reference of this qucllion to the lords of the committee for trade and plan- tations, their lordlhips reported, after hear- ing feveral merchants and others concerned in the trade, " that they did not think fit " to recommend the petition and propofal '* of Mr, Robin/on for making him go- vernor of Newfoundland ; but, for keep- ing people living there in Chriftianity, " they propofed that his Majefty Ihould fend a chaplain in the convoy-lhips ; and that the captains of the faidjhips Jhould have power to regulate abufes there, with reference to his Majefty's letters patent " granted to the weftern towns ;" which report it t( t€ fC «( « w m 'Mm, 8 'F '4 FART I. From Qjieen Etitab«th to Stat. 10 it II WiU. J. HISTORY OF report was confirmed in every thing by his majefly on the 4th of February following* ' On the 25th of the fame month, com- plaint was made, that wniw ovneis of (hips carried out paiTcngers, and private hat' keepers, contrary to the laws and confti- tutions of the fifhery, to the great detri- ment of the fiihing trade, and to the lelTcn* ingof the number of ihips and feariid); that many owners alfo victualled then (hips from Irelandy inftead of Engl.'t^iK Uptm which, an order of council \va^ made, cTi- redling that the mayors und magiftrates of the feveral towns mentioned in the above letters patent, fhould be careful that the conftitutions were punctually obferved ; that the officers of the cuftoms fliould charge all maders and owners of ihips to put thofe rules in execution ; ihould (lop offenders therein from proceeding in their voyage, and immediately return their names to the council. But, notwithilanding the objedions made by many to the appointment of a governor, thofe . ry pcrfons felt the acjd of government ^' ic^j^iation ; tor on the 23d NEWFOUNDLAND. '5 23d of December 1670, a petition was pre- parti. fcnie(^ to his majcfty, from the wcftern From ci^«i» merchanti and traders, " That additional stlt*i«\**i« *' jH)wf'r«; might ^c granted for rcgula- ^"^ i^ •* ting the fiihery." 'Ihe lords of the council, appointed for matters of trade, upon this DC cafion recommended fcvcral rules ; and his majefly ordered, that they ihould be added to the former charter. Thefe were called additional mUs^ and were as follows. That his majefty's fubje^s might take Addittwii bait and fiih at Newfoundland, provided they fubmitted to the eflablilhod orders —That no alien ihould take bait — That no planter ihould cut down any vood, or ihould plant within fix miles of the 1< a fhore. —That no inhabitant or planter (hould take up the bed Hages before the arrival of the fiihermen.— That no mailer or owner of any fhip (hould tranfport feame i, or fiihermen to Newfoundland, unlefs they belonged to his ihip's company. — That none ihould carry more than iixty perfons for a hundred tons.— That every fifth man ihould be a green man, that is, not a fea- man.— That the mailers of ihips ihould provide vi(5tual in En^and, according to the *>3 I ' \y i6 HISTORY OF I .,( 1 if ]| ill - Elizabeth to Stat. 1 & 1 1 Will. 3. PART I. the number of men, for the whole voy- T^Zlii^ age, fait only excepted.— That no fifhing Ihip Ihould part hence for Ncvvfoundland, before the month of March. — That maf- ters Ihould give bond of a hundred pounds to the rcfpedtive mayors of the weftern towns, not to carry to Newfoundland any of the fort of perfons before prohibited, and to bring back fuch as they did carry out, or employed in carrying fi(h for the market voyages. — That no perfon (hould take up a flage with lefs than twenty-five men.--That no feaman or Blherman (hould remain behind, after the filhing was end- ed. It was ordered, that the admirals, vice admirals, and rear admirals Ihould put thefe orders in execution, and pre- ferve the peace.--- Should bring to Eng- land offenders of any foit — Should pro- claim on the 20th of September, yearly, his majefty's orders. — Should keep jour- nals. — It was ordered that the recor- ders and juftices of the peace of the leve- ral weilern towns, fhould be joined in commiffion with the mayors. — Tlut r«a- fonable fines Ihould be impofed on often- ders. Finally, it was ordered, that a bill fliould bp NEWFdUNDtAND* »7 be prepared to pafs the great ical, for the part i. confirmation of the laft charter , with thefe prom Queen additional powers ; and that the claufe f I'^heth to * Stat, lo Si XI touching the marlhal ihould be reviewed win. 3. by Mr. Attorney General, who ihould prefent to the board fome way of judica- turti for the determining of caufes at New- foundjandk -•■"»'■■' . . , In February 1674-5 the qucftion of appointing a governor was again brought forward *. A petition had been prefent- ed, in which was fet forth the great ad- vantage that would attend the filhing trade, by a fettlement under a governor % This was referred by the king- to the lords of the committee for trade and plantations ; and after hearing the reafons of the merchants and owners of ihips in the weft of England, who protefted againft a fettlement, together with what the pe- ♦ While this was pending at the board, a letter was read at the committee from Sir Lionel jftnkinst touching the continuance of the king's fovereignty, in cafe the plantation were deferted ; wherein is flat- ed the advantage the French might take by the ab- fence of the Englifh, and the methods proper to be followed in fuch cafe, to maintain the king's dominion and fovcrcignty. ill tm m m ■ ' '1 , '■ -n t^" .; '•■? II 'ii titjoners rn'i I i 1 1 11 It': 1 ■ ij: / ^h HISTORY OF \ titianers coultl allege in behalf of a, colony, J PART I. From Qu^en '^^^"^ lordfhips made report to his majefly, ^ta^^o &°,. °^ ^^^*r opinion thereon. ;>3,,m,. Report againft a Governor in "tiV" »t lij r In this repoft it is (late;!, that for fome late years, the fiQi had failed in New- foundland ; that the adventurers had loil many of their fliips ia the late wars, cfpecially in that with Spain ; and that the late wars had much diminilhed the hands which ufed to take fifh : that the inhabitants and planters, who, contrary to , their old charter, lived within fix, miles, of the fea, had deftroyed the woods, and continued to dcftroy whatever the- adven- turers left behind them ; that • they polTef- fed early the places of greateft conveni- ence, and, which was very pernicious, _ tijoft of them fold wine, and brandy, whereby the feamen were withdrawn from their labor, and many feduced to (lay in, the place, while their families there- by became burthenfome to their refpcc- tlve parishes at home. That the inhabi- tants lived fcattered in five'and-cwenty. .different harbors, almoft eighty leagues alunder ; and that in all the winter, when . abufes were chiefly committed, there was no pafling from one place to another, fo .-.-•r. '- that hn •1') v norai NEWFOUNDLAND. »9 Elizabeth to Stat, lo Se Will. 3. that near forty liarbors would' hhf'e no ^par t 'i.'^^ government, though the governor , were prom Queeii^ ^ • adually in the country. ^ S'^V'xV' It IS alfo fta'ted, that beficles trie charge' of forts^ ind a governor, which the filh- trade could not fUpport, it was needlefs to have any fuch defence againft foreigners, the coallbeilig defended in winter by tlie ice, ^nd in funimer by the refort of the kiilg's fubjedls ; fb thafiihlefs there were proper reaforis for a colony, there could' be rioiie for ^governor. That agaihft a colony, there were not only the rigours of the cli- mate, and infertility of the land, which obliged thofe who were there all the win- tier, to idlenefs, and inclined ttieiii to debau- chery, but this, that they chiefly confum- ed the produce of Nezv England^ by the (hipping of which country, they were furnifll^d with French wine and braftdy, and Miidelra wines, in exchange for their fi(h, without depending, as they fliould, for fupply from England ; fo that if the climate and foil fliould favour a' colony, the planters would rather adhere to New England y and fo go on to tread in the flime fteps as thofe colonifts did, to the lofs of the many advantages which, by the pre- C a fent him mm % mm m m V- ■.'■>? I §: t,!;- 11:, m Wm Mm Ml 1 ill iml 1 i; ■I I 'l.^i. 20 PARTI. * r—' From Queen Elizabeth to Sut. to Sc II WUl, 3. HISTORY OP .' \ . ' _ fcnt method of things, are yet enjoyed by the mother country ; there being no hope for a like regulation on the produdt of this place as on the products of the other plantations, becaufe filh cannot bear the charge of coming home, but muft go di- reSlly to the markets abroad. . *■. ^ - r " •...■>., ' \ . . ^j-. '■^■:. •. . It was reported that the French did not manage their filhery otherwife, than by adventurers* Ihips, that went out, and re- turned back yearly. That they maintain- ed a fort at Placentia to defend them from the Indians, who, at certain times, came off from the main, and molefted chem in their beaver-trade ; for which trade, and not for filhing, the French had a refi- dence there. 71! f-'^^.. :#', ' It was reported, that the adventurers caught filh cheaper than the planters. \ Upon full confideration of all thefe cir- cumftances, their Lordihips propofed, that all plantations in Newfoundland fiould be difcouraged; and, in order thereunto, that the commander of the convoy ihould have commiHion to declare to all the plan- ters, to come voluntarily away; or elfc , ^ik*^ that •w NEWFOUNDLAND. i. ^ H that the weftcrn charter Ihould, from time parti. to time, be put in execution ; by which p^^^ ^^^^^ charter' all planters were forbid to inhabit Elizabeth to * Stat, lo ee II within fix miles of the Ihore, from Cape wiu.3. Race, to Cape Bonavlfta, Their Lord- Ihips further propofed, that the additional rules, fettled on the loth of March, 1670, ihould be obferved, and that the mayors \.^ of the weftern ports Ihould be required to renew their charter accordingly. * This report, from the Lords of the committee of council for trade and plan- tations was approved by his majefty, and order was thereupon given for carrying into efTeAual execution, what was there recommended. In viewing thefe tranfadions we plainly difcover the two contending interells in the Newfoundland trade ; the one that of the planters and inhabitants, the other that of the adventurers and merchants ; and we Ihall fee, in the courfe of this hiftory, that according to the views of thefe different defcription of perfons, re- prefentatlons were at various times made (p the government at home, for promot- ' ^ C 3 ingr ^i^,> .V . ■■'.■ii'i. ••i'l m 11 il:. .■■II =1 m 11 * P A R T I. From Queen Elizabeth to Stat. ledt ti Will. 3. '•>: HISTORY OF ing or pppoiing regulations an4 efta-bljiJ^T ments in the illand. ,,, , An occafion foon offered for (hewing tiiis fpirit. Sir John Berry was appoint- ' ."• ed to command the convoy for the (hips trading to Newfoundland ; and in purfu- ance of a fpecial order of council of the " , 15th of April 1675, this commander laid before the committee of council for trade the ftate of Newfoundland, as he found i!rj[ohn Berry's it, in relation as well to the planters and ''"* inhabitants, as to the wejlern adventurers ; and it is worth remarking how different is the account given by this commancler, from that lately made by the adventurers, and which had induced the committee of council to report in the terms we have juil heard. v^ M 'Vit fays, that feveral diforders, attri- buted to the planters, were chiefly occa- fioned by the adventurers' ihips — That the inhabitants never fold their fiih to thofe of New England for wine and brandy. — That the adventurers' men pulled down the ftages, and flore-houfes : — And, that it was their fault, that the feamen were fe- duced f, '# * "*». NEWFOUNDXAND. :'l 23 PART I. duccd to (lay in the country, for it was to ' h\t thirty JjyUlings for their pajages,. vth from Queen , ^[f*> Elizabeth to ! ^ ' * " ^ Stat. 10 & 1% ; n Tliis letter was read at the committee "wui. 3. -<; in the prefencc of feveral perfons, who ap- peared there in behalf of the weft coun- try merchants, and who complained of the (encouragement Sir John Berry had given the planters, contrary to his majefty's or- ders, and to the certain ruin of the adven- turers* trade, for fuch would follow from the continuance of the inhabitants and bye boat-keepers. Upon which the Lords advifed them to fettle the additional rules, allowed by his majefty ; and this, fome time after, was accordingly put in exe- cution, i '\ /f .i.i.. '^' Sir John Berry, at his return, attended the committee, where he repeated and confirmed what he had written, and af- fured their Lordlhips of the neceffity of encouraging a colony in Newfound- land, if, not the French would take advantage by the intended removal, to make themfelves mafters of all the harbours and fifhing places about the ifland, or would otherwife entice the Eng- li(h planters to come and fettle among C 4 them. ^^:^ M •^M ill 4'% -ill' i;ii ill;' 'iiiij;;':* P:,. i ! *i 24 V \ HISTORY Of rw. • ^ PART T. them, to the great prejudice of our fifliery. " " V Frem (^ueen Elizabeth to Sut. /oft II Will. 3. , The flruggle between the adventurers and planters now grew very violent. In 1676, John Downing, an inhabitant of Newfoundland, petitioned thekingagainft the endeavours of the adventurers to pull down the houfes, and burn the llages of the planters, in order to drive them out of the country. This complaint was referred to the committee of trade, where counr fel were heard in behalf both of the advent turers and planters ; and the committee having reported their opinion thereon, the king fignified his plcafure, that the mafr ters and feamen belonging to the fiihing ihips IhoOld not any ways r.ioleft the planters, upon pretence of p. claufe in the weftern charter, whereby, ^* No perfon '' was to inhabit within fix miles of the " fliore," until his majefty iliould pro- ceed to a further rcfolution concern- ing the fifhery and plantation of New- foundland. Diredtion was accordingly given, by. order from his majefty, to the captains of the convoy fliips, to make publication of his ma;efty's plcafure, that the planters ihould be permitted to con- tinue ■^ ' .+> #■ •%- MEWFOUNJ>LAND. tinue in the poffeflion of their houfes and ftages, according to the ufage of the laft ^^^^ ^^ years, until further order. N. ^over, Ei'^beth to •' ' ' Stat. -10 and I r that the ftate of the colony and trade wui. 3* might be better known, they were order- ed to return anfwers to feveral heads of in- quiry prepared by the committee for trade and plantations ; and the following are the anfwers thereto fent by Sir IVilUam Pool from St. John's harbour, dated the loth pf September 1677, . - He fays, the filhermen cortfefled, that of late years the planters had done no pre- judice to the fiihery ; fo that, when they \ returned, they found their ftages in as good order as could be after a winter ; fo that they were not obliged to come fooncr to the iiland for the purpofe of repairing them — the planters affirmed, they did not meddle with any of the adventurers* fi(h- ing places, nor did they defire to do it, provided they might quietly enjoy the fame room they had poffefl'ed for leveral years — the fifliermen complained, that the planters took up the beft places to cure their fifli, did damage to their ftages, and took pofleffion of more than they had bands to manage — the planters affirm»« y^i edji m ■U} ! m^ -■■■: ■ -m J ■'■A- ■■;■••« 11 ..■•;itti 1 m , ■ '"m m II Li;- ! 26 .a HISTORY OF -»n !!;:| •I'll !'i . , PART r. cd, that it was impofliblc to live fix miles From Queen ^^^^^ ^^^ fca-lide, by rcafon of the barreji- iiiz«beth to nefs of the counrry — the fiiheimen did not Sut. 10 and n •' Will. 3. denre the removal or the planters, but only . a better regulation — the planters could not keep a conllant number of men or boats, unlefs ibcy were fupplicd every year with fervants from England — the planters did ^ not take fo much fi(h, proportionably to the number of men and boats they kept, as the fifliers did, who were better artiUs ; nor fell it fo cheap, by reafon of the greater wages they were obliged to give their fervants — it was not pofiible for the planters to ob- ferve the charter p-indually— the planters all fold drink contrary to their charter — thefilhcrmen rinded the trees, and employ- ed fix and fcven ftages for feventy men, contrary to the rule of their charter— the French managed their fiflicry generally by firti-lhips from Europe, and their trade for fur was very inconfiderable — the French planters were very much encouraged by the governor, and had the fame accommo- dation in their harbours as the fifhermcn had — thefiihermen confeffed the planters were of great ufe to them — the planters prepared materials forthe fifliermenagainft their coming, which otherwife could not be ^ -> KEWFOUNDLAJID. ^7 eu to be made ready without a great L 's of tim , p a p - 1 they preferved in their houfes the fait ^ _ " that remained of the fifliery until the next J-^j^j'*^ feafon ; and when (hipping was wanting, wui. j. the fifhermen were glad to lodge their fifli \ti a planter's houfe until the following year — in cafe the filhermen were vifited with ficknefs, or were obliged to flay for their fhips on their fiift arrival, they ufed the convenience of the planters* houfes — when the filhermen wanted provifions, the planters fupplied them out.of their {lores; or when they had an overplus, the planters l)ought it of them for fifn. ^■^^ m Such 'were the anfwcrs given by the commander of the king's fhips on this llation to the firft beads of enquiry con- cerning the trade and fifhery. This me- thod of enquiry was followed in after times ; and the information it produced, in this firft attempt, may be made ufcfuj matter of comparifon, ;>.,, . v^ '■ ^ In December 1677, the committee for trade and plantations, in purfuance of an order of council, that had been made on the petition of the weflern adventurers, made report, that notwithflanding a claufe in * f' '.'15'? Ml 'mi 4 I 1 ^ ;i I 'm i ':• m s8 MISTOIIT Of * .» PARTI, in the weftern charter, forbidding the !! "^ tranfportation of any perfons to New- From Quoon * •' * Eii7«hcth to foundland, than fuch ^s were of the (hips* Mat. 10 and II , .^ «. i • . Wiij. 3. company, the magiitrates of the Icvcrai weftern ports did permit paflVngers, and private boat-keepers, to tranfport thcmfelvcs thither, to the detriment of the filhery ; but they were of opinion this might, for the future, be prevented, if not only thofe magiftrates, but the vice-admirals and officers of the cuftoms, were ftridly com- manded to prevent this abufe. Bye Boat- ktepctM, what. The private boat-keepers here fpoken of, or bye boat-keepers, as they otherwifc were called, are defcribed as perfons who, not being willing or able to buy a ihare in a fiihing (hip, hired fervants in the weft of England, and carried them as paflfengers to Newfoundland, where they employed them in private boats to catch and cure fifli ; and after the feafon was over, they brought them back to England, or per- mitted them to take fervice with the plan- ters, or on board the (hips. Thefe bye boat-keepers ufed to go over yearly in great numbers ; but this pradice being contrary to the weftern charter, and the king's exprefs ^i r * KEWFOUNfctAUP. 29 command, begun now to be much dif- parti. Ulti I ml $0 HISTORY Of PART I. when the board of trade was inftltuted. — • From^een ^^ January 1697, the new board took up' Elizabeth to this amoHg Other fubjedis that came within Stat. 10 and n , . . "^ WiiJ. 3. their cognizance ; but not before they were called upon by petitions and repre- fentations from the towns in the weft concerned in this trade. Thcfe, like for- mer petitions and reprefentations from the. adventurers and fifhers, were calculated to advance their pretenfions, in oppofition to thofe of the planters and inhabitants, to deprecate the appointment of a governor, and to pray a convoy for the fafety of the ., Ihips going out, either to Portugal for ' < fait, or to Newfoundland, and to prote6t them in their return home, or in their voyage to market *. The report and reprefentation made by the board on ^ this occafion applied rather to the prefent defence of the place than to any matter of general regulation ; and they at the fame time exprefled an opinion, that planters, in a moderate number, were at all times convenient for the preparation and prefer- vation of boats, flages, and other things neceflary for the fifliery ; but that they ihould not exceed one thoufand -f* m • Ent. A. 36 to 58. + Ibid. 58. 68. la NEWFOUNDLAND, 3« In the year 1698 was pnfled the flat. 10 partl and II Will. q. c. 2c. intituled. An Act^ "^ •^ ^ From Queen to encourage the trade to Newfoundland, It Elizabeth to does not appear wliat were the fteps that wni. 3. immediately led to the paflfing of the adt; but it appears, in the matter of it, to bfr founded on the policy of former times; and it is, in truth, little more than an enadt- mcnt of the rules, regulations, and confti- tution that had moflly prevailed there for Ic jme ti mc • * • v..) ' V - •^ ■ '^ .. >. ..• vi.'Iv.V. .«. + V* •- s. - \' ' ., ./ ■ ' * , i ,".''■•■;* ,?. » *, t •\ ", - :P ••\^ « 1 4 - ./ > •■' >r T L '^ •'MM*. / * • -: *► ■,-*>■*; i'^miS' : ;'J \; J • ■ + ,\ •.'>;C -1 JV .,, • • X\;\ ■ ■» r • ~-^ »■*-■ ' x' • 1 »Ur •..■: i >'j. . 's ■ "■•■' 'I' . ■■ .,"V V I '< ..) ^m -••;^ ;& - '. '»^,...™ ."J n r;;*!'.' ■ I PART ii ,<^;1|ll t % M:i 3* ttlStORY O^ 9 5, »« PART 11/ '* •'> ;!' '. r, M*. Larkm*s Obfervations-^CharaBer efihi fijhing AdmiraU-^CharaBer of the Com' manders — Want of Poiice—^pimon of the Board 1706 — Reprefentatiott 1708 — For Sea Commanders to command at Land-^Such Commijpon ijfues — Laws and Orders made at Newfoundland^^Reprefentation 171 8 — ' Claim of the Guipufcoans to fijh-^^f the Lands ceded by the French-^-A Salmon Fijhery granted-^pinion on the ph Sec* of Stat, 10 and 1 1 fVilL ^•'^Reprefentatwn 1728 — Recommends a civil Government-^ A civil Governor is appointed — Diforders of Newfoundland, and C&nduSl ofthefifh* ing Admirals during this Period — Com' plaints from the Merchants, ^ .,*,i. ti'.a PART 11. I T has ever been the difpofiticn of the ^ V ' ^ principal mei chants in the weft of Eng- From Stat, JO& , , , , .^ ^n * u wui. 3. to land to extol the provinons ot Itat. 10 and A. D. ,7»8. J J ^jjj^ ^^ ^g ^jjg foundeft policy that could be perfued in relation to the filhery. We know, after perufal of the former part ' "l., ■ • ^ of NEWrOUNDLAND, 33 A,D. 17Z8. of this hiftorical enquiry, that there was part ii. always an oppofition and jealoufy fubfift- y ^ *^ *^ , J , From Stat. 10 mg between the merchants and adventurers uvjuui. to on the one hand, and the planters andinhabi' tants on the other; and the utmoft credit we can give to the former, on this fubjedl, is to believe, that this ftatute fully efta- blilhed their claims and pretenfions, and gave them an afcendancy over the latter ; and that they now faw faplioncd by par- liament, what befor'" depended upon a tenure of lefs validity. So far, and no farther, can this eulogy have a meaning ; for as a fcheme of regulation, that was to be generally beneficial, this adt was, in the firft place, no novelty; in the fecond place it feems never, from the very beginning, to have been completely executed ; and thirdly, it gave power and jurifdidtion to hands that were unfit to exercife it : and I jhall prefently (hew, that thofe concede too much, who allow this adt might have been a very good regulation at the time it pafled; for it will appear from the beft authority, that, at the very time it was paffed, it was in no way of being carried into execution as the parliament in- tended. D To ivii '■:r4-f': ■.i'?'\' i^ ''.■"•..\i ym mi -r'i? m if' nil l"li|l1 i' .% 34 HISTORY OP PART II. V * To the heads of inquiry, which were dc- TaTiT 1^^^"^^^ ^^^ given in charge to the com- and iiWiii. 3. modore, who commanded the fliips on to A. D. 1718. • ' *^ thatftation, this aft, and all the particulars of it, were now added ; and there appear in the returns made thereto every year, their obfervations and opinion, both upon the aft and its execution. Upon fuch a fubjeft there cannot be adduced better authority than this. In the anfwers given to thefe heads of inquiry, and in the corre- fpondence of the commodores, may be traced, from time to time, the aftual ftatc of the fifhery ; and it will be curious to bring together the information that may be collefted from thefe fources. Among the earlieft information of this fort, I find a letter from Mr. George Larkin, written from St. John's in the year 1701. This was recently after the paffing of the aft ; and the writer goes more fully into many points of the trade, than the offi- cers of government ufually did. Thefe circumftances make this a valuable paper ; and it becomes much more fo, when it is conlidered, that Mr. Larkin was a gentleman bred to the civil law, who was fent out to make ol^fervations in the American fettlements, for the in- formation of government at home^ as to f NEWFOUNDLAND. 3$ to the Rate of the Plantations, and the partii. execution of the laws of trade and na-prom stat lo vigation. lu.'!;i-8V"' m He begins by faying, that the rules and Mr. Larkin's Obfervatlons in orders of this adl were not fo much re- 1701. garded as he could wifli, which he afcribes to there being no penalties in it. The trees were rinded, and the woods deftroyed, as much as before pafling the adl ; and in a few years, he thought there would not be aftick left fit for the ufe of the lilhcry within five or fix miles of that, or other harbours. The flakes that were left {landing, were moft of them made ufe of by the inhabi- tants for firing in the winter. He fays, the then admiral of the har- bour of St. John's, Captain Arthur Hold/- worth, of Dartmouth, brought over from England, that fifhing fcafon, two hundred and thirty-fix pafl'cngers, all or g ^at part of which were bye boat-keepers, and they were brought, under a pretence of being freighters aboard his Ihip, though it was only for fome few provifions for their necef- fary ufe. Thefe perfons he had put and continued in the moft convenient ftages,&c. in the harbour, which all along, fince the year 1685, had belonged to fifhing Ihips; Da in m ,-W.p •'ii M ■cm -St w ■ m ■Tm Jfi IIEWPOt71IDLAN0. Miii It' I PAR T II. in fo much, that fcveral mafters of filhing r rem Stat. 10 & ftiips had been obliged to hire rooms of A.o.'"viir th« planters. Thefe bye boat-keepers were mod of them, he fays, able filher- men, and there was not one frelh man, or green man, amongft them, as the ad re- quires. He fays, that this perfon, and one or two more, who conftantly ufed the filhery, made it their bufmefs in the begin- ning of the year, to ride from one market town to another in the weft of England, on purpofe to get paflengers ; with whom they made an agreement, that in cafe they ihould happen to be admirals of any of the harbours, they would put and continue Mr. Holdfworth, and fuch perfon s, in fiihing (hips' rooms. This, he fays, was a very great abufe and difcouragc- ment to the adventurers : befides, thefe bye boat- keepers could afford to fell their fifh cheaper than the adventurers, which muft lefTen the number of filhing fliips. 1,11 There was great complaint of the New England-men, who for feven or eight years, he fays, had reforted to Newfound- land. They had alfo their agents in moft of the harbours, and drove an indirect trade. HISTORY OF 37 trade, fiipplying feveral commodities to the p a R t ii. planters, which they ought to take from ^ eight ound- \ molt idiredt trade. V From Stat. 10 <• to England. Such New England veflelsgeT "J''";^'- ' nerally made two or three trips in a year, with bread, flour, pork, tobacco, molaflcs, fugar, lime-juice, and rum. They fold cheaper in general, but obliged their pur- chafers to take certain quantities of rum. This the inhabitants fold to the fifhermen, and fo encouraged them to (lay behind, and leave their families in England a bur« then on the pariih. The inhabitants alfo ibid rum to their fervants, who run in debt, and were forced to hire themfelves in pay- ment of their debt ; fo that one month's profufe living, and a pair of (hoes, often left them in bondage for a year ; aind good fifliermen, who defcrved fifteen or twenty pounds per annum, were thus made to ferve for feven pounds. He fays, the New Englanders, at the clofe of the year, ufed to inveigle away a great many feamen and fervants, with promifes of great wages; but thefe men were often difappointed, and turned robbers and pirates. The NewEnglandvefleiswereraidjthe laft year, to have taken away five hundred men in this manner, in Conception Bay only ; many ©f thefe were headed up in cafksto prevent D 3 difcovery. f^ i ■,. r-'- "'.Sin m HI ' 'i^ ' Iff, ' I 'ill 38 HISTORY OP PART II. dircovery. He recommends, for prevcnt- From Stat. 10 '"g ^^^^ piadicc, that the mafters oF New A.'D.^i"ib "* England veflels IhouIU give bond, when they cleared out, not to bring men from Newfoundland without leave from the commodore. 'iliji' M m We find, in after times, the captains of the king's fhips ufed to oblige every New England matter of a fliip to give fuch bond, in a penalty of five hundrc d pounds, with two fureties in two hundred and fifty pounds each, not to cany any pcrlons out of the ifland, \V . As to the fifliery, he did not hear of more than one New England veflel fifti- ing on the coaft. Indeed it appears, that dheir fifiiery was all carried on upon their own coad, where they had better fifii, and that they looked to Newfoundland for no- thing but the fort of traffic above-men- tioned. He informs us, that the inhabitants and planters of Newfoundland were poor, in- digent, and withall a profufe fort of people, that cared not at what rates they got into debt, nor what obligations they gave NEWFOUNDLAND. 39 gave, Co they could have credit. But the part ii. (bizing of their fifti for debt, feemed to this F^^iilTiC^ gentleman to be both irregular and "njuft,*'J5^i*j;|;** as to the tim-; and manner of doing it ; for the fifhermen feeing the flakes llript before the iiihing feafon was half over, were difcouraged from proceeding any further ; which often proved the ruin and overthrow of fevcral planters* voyages. Debts ufed not to be paid till the 2oth of Auguft; but, for two and three years, he fays, the flakes had been ftript by night, and the fifli carried off in June and July, without weighing, A fecond had come, and taken it from th« firft— the planter had had twenty or thirty quintals of fi(h fpoiled in the fcuffle, and the reft of his creditors were forced to go without any fatisfadtion. The poor filhermen, who helpt to take the filli, had, on thefe occaiions, gone without one penny of wages — fait provifions and craft being al- ways payable before wages j and he ex* preffes aftonilhment, how the planters and inhabitants could procure hands from Eng- land to fiih for them, confidering how iU they ufed them. '■I'S ('A •..■',$fr1 . • ••if ' Ill ":m mn D4 Where If. " I!' lri-4ii l;!.l! 40 HISTORY OF Where complaints of this fort had been ^macle to the commander in chief, he had FART ir. ^ y ' From Stat. 10 J V )J^'"- 3- to ordered them to re-deliver the filh, and a A. D. i7a8. . ' dividend to be made. But there being five or fix and twenty different harbours, befides coves, and it being a great dif- tance from Bonavijia and Fermofe, to 4$*/. Jobn*s to make complaints, the comman- der could do little; and the admirals, he chara<5>erofthefay8, did not conccm themfelves at all, but left all to the commander. Thefe admirals, fays he, ought to fee to the pre- fervation of the peace and good govern- ment among the feamen and fifhermen, that the order and regulation of the fiihery be put in execution ; and they ihould keep journals : but indead of this, they were the firft to break thefe orders, and there was not one of them, where he had been, who had kept any journal at all. fi/hing admirals. ') n !i ; .1 ' Ma He obferves, that the late adt of king William gave the planters a titUy and it was a pity but that they had fome laws and rules by which they (hould be govern- ed ; though,he fays, it was the opinion of all, fipje he had come there, that it had been better, if all plantations had been difcouraged, for the ifland was then be- come NEWFOUNDLAKD. 4« M come a fanftuary and place of refuge for part ii.^ all people that broke in England. Be- From st.t, lo & fides, the mailers of the fifliing fliips en- a. d!'1'7»8.*° couraged feveral of their men to flay be- hind, perfuading them they would foon get eflates there ; and this they did merely to fave the charge of their paflage back to England. It had been cuftomary for the com- mander in chief, upon complaints made, to fend his lieutenants to the feveral har- bours and coves, to decide all differences and difputes that happened between maf- ters of merchant fhips and the inhabitants, and between them and their fervants; this gentleman declares it a ihame to hear how matters had been tranfadted upon fuch occafions. He that made a prefent of the moft quintals of fifh, was fure to have the determination in his fa- vour. He fays, the whole country ex-ciiaraaerofth« claimed againll the lieutenants in Captain """^ *"* Poulton and Captain Fairhourne*s time ; and did not fcruple to declare, that fome for- mer commanders in chief had been a little faulty. He fays, the then commander. Captain Graydon, had taken much pains to do the country juftice, and to fettle re- ligion ■hi ■ '. ■ :ki " ■sB ' '-A ■!■:! JIISTORY OF PART If. ligion amonpft them, and people fccmcJ ^^ v~— ' well fatisficd with him. He fays, there From Stat, loA: . •' II Will, vto had never been any rcgiftry kept of the orders or rules that had been made for the good of the filhery. What one com- mander in chief had cftablifhed, another had vacated ; he fays, he had prevailed with the prcfent commander to leave an abdradt of all fuch as had been made dur- ing his time. I : ill''! Want of Police. He fays, that quarrels and difputes hap- pened after the filhing feafon was over; and in the rigour of the winter feafon, mafters beat fervants, and fervants their mafters. He therefore recommends, that one of the moft fubftantial inhabitants fhould be ap- pointed in every harbour in the nature of ajuftice, for prefervation of the peace, and tranquillity among them ; and that fomeone, who underftood the law, ihould be fent with the commander in chief, or Ihould refide there, as fliould be thought moft convenient, in the nature of a judge advocate, to decide all '^differences, and matters of nteum and tuum between maf- ters of (hips, inhabitants, planters, and fervants ; that this perfoa (hould have power to adminifter an oath to parties, ov witnefles, :■>.-.. V i.'l'WFOUKDLAND. 43 witncfles, for determination thereof in the part h. ^ moll fummury way, and that lie fhould nM..^(;,t. io& be obliged to go every year to the follow i'. S'.'"i7V-'' ing places ; viz. Bonav'tfia, Trinity y Nc':u PerlicartyOld Perlicihiy Carhtieer, Sf. John*Sy Bay of Bulls y and Ferrylandy and to ftay a fortnight or three weeks at each of them. He adds, ihat Uich a i^erfon would be ufe- ful rlif'ic for fcveral purpofcs, and among others, that a true account might be had from him, how all matters were tranf- a^ed at Newfoundland *. The piifture here given of Newfound- land is hardly heightened, or varied by any colouring to be found in the repre- fentations made by fucceflive commanders. They are ufually in the fame flrain. The grievances and complaints, the remedies and expedients are uniformly the fame ; and it is a remarkable circumftance in the hiftory of this trade, that many of the pa- pers relating to it, whether coming from \\iQ commanders, or from the merchants and adventurers,in the times of king Wil- liam and Queen Anne, would apply to i ':i v'.-;1t ^ Entries A. 447, later 1'^ r'li. : UK !!:i ,iiW =|ii 44 HISTORY OF ^ART n. later times, as well as to thofe in which rrom s"ut. ,0 ^^^y originated. . „ .. toll Will. J. . to A.D. 17*8. . . , ^ ' The heads of enquiry given in charge to the commanders, and the anfwers return- ed by them thereto, would furnifli a hiftory of the filhery. Thefe heads foon encreafed from twenty or thirty, to fixty or feventy. It is not my intention to go over all thefe^ or to purfue every point that has arifen, at various periods, with relation to this fifhery and trade ; but principally to trace the progtefs made in affording that iiland fome fort of conftitution ; and the fettling of this, liice the fettling of all other con- ftitutions, will involve in it the parties, and different interefts that have, and ftili continue to prevail amongft the individu- als concerned in the trade, both here and in Newfoundland. In the anfwers made by Captain Gray- don, the commander, at this time, we find, that a furvey was made that year of all the encroachments made by the inhabi- tants upon the liberties of fiihing ihips,fince the year 1685, and they were all corredt- ed, as appears from him.— That the admi- rals of the harbours were the perfons, who moftly Hill NEWFOUNDLAND. large to U return- j I hiftory icreafed It (eventy. | 11 thefc, 1 arifen, | to this '^ to trace at iiland ] fettling »er con- ^' parties, ^'o and ftiU | idividu- 1 ere and 1 moftly brought bye boat- keepers, and part ii, put ihem in poffeffion of lhip*s rooms, un- prom stat. lo der notion of their being freighters (^5tA,D!%iu was before aUedged) the admirals ad- vancing them money in England at five (hillings in the pound. — The admirals did not obferve the rules prefcribed in the aft of parliament, but on the contrary, when they wheedled a poor planter into debt, they took his fifti by force from him, and would even break open his houfc to get it As to the admirals keeping journals, accounts, &c. he found but four of them capable of doing it.— The admirals, before the 20th of Auguft, ufed to hear fome complaints, but after that, none were made to them, they being generally the greateft aggreflbrs them- felves. m tm 'ir Such are the obfervations made upon thofe points, that are more particularly for our confideration at prefent. We fliall find, as we go on, how uniform were the con1pi;iints of abufes, and irregularities in the police and government of the iiland. H» u-.ri In the year 1702, the war with France broke 46 HISTORY OP ,,,'■ iri' PART II. broke out, and our fiftiery and concerns *^*~v ' there were greatly difturbed by the French* From Stat. lo . , . , n- • i i &II Will. 3, During this, the queftions agitated at the * *^* * board of trade moftly concerned the de- fence of the ifland by fea and land. Not- withftanding this ftate of war, an order was made by the Houfe of Commons, the 16th of January 1705-6, for laying before the houfe a ftate of the trade, and fifliery 5 a ftate was for this purpofe drawn up by Opinion of the the board ; in this they give their opinion upon the different abufcs and grievances ; and, amongft other things, recommend that power ihould be given by parliament to the commanders of the queen*s fhip.-. and to the admirals, to inftidt fines and penalties on the breaches of Stat. 10 & 1 1 Will. 3, c. 25. they recommend alfo, that the commanders of the queen*s Ihips ftiould have the power of cuftom-houfe officers to fearch fliips from New England * — In the fame year they recommended toher majefty, that the iiayors of the towns in the weft, ftiould be written to, requiring them to enjoin the mafters of Ihips, who might be- come admirals, to keep journals, and dif- * Entries, C. 104, iO(p, 106. charge f^ NEWFOUNDLAND. 47 charge the other duties required of them part ii. by Stat. 10 & II Will. 3, c. 25 *. ^Z^^^ 11 Will. 3. to The board were called upon again the next year by the Houfe of Commons for a ftate of the trade -}-, which was accord- ingly furnifhed, and in this ftatement the fame abufes were recounted , and the fame remedies were fuggefted for their correction. A. D. ijii. On the 31 of March 1708, the Houfc of Commons addreffed her majefty, be- feeching her to give diredions, that the laws relating to the trade and filhery of Newfoundland might be effeftually put in execution againft fuch commanders of her majefty's fhips of war, or torts, or fortifications there, as Ihould prefume to exadt, demand, or receive fums of mo- ney, or other rewards from any of the queen's fubjeds, in their voyages, trade, or filhery to, from, or at Newfoundland : And that fuch comnaaaders and officers ihould be ftridly forbidden to keep, ufe, or employ any fifhing boats for their own private ufe or advantage : further, • Entries, C. 208. i Ibid, 341. '..^:V«:- :■: <■ m f Via that p mi II mm m 1". if- W i nil |p| 48 HISTORY OF PART ir. that the laws relating to the filhery fliouM Frcm tut. 10^^ ^"^y executed*. This addrefs was to A d'" "'s occafioned by fome complaints made againft a Major Lloyd, who comman- ded the troops at St, John's; but of this gentleman's condudt there were dif- ferent accounts; the moft unfavourable feem to have prevailed with the Houfc of Commons to come to this refoiution. This call for a due execution of the laws relating to the filhery, again drew the attention of the board of trade to the S^^at. 10 & II Will. 3, c. 25. and the de- fed:, fo often complained of in that ad, ** not hav«ng any penalties fpecially an- nexed to the breach of it." And on a queftion propofed by the board to Mr. Montagu, then folicitor general, he declar- ed it to be clear, «-hat although no parti- cular penalty was mentioned in an aft of parliament, requiring or prohibiting any thing, yet any offender againft fuch adt may be fined at the difcretion of the court, when found guilty on an indic- ment or information -f-. The board then proceeded to make a Entrie D. 30. + Ibid. 33. repre- NEWFOUNDLAND. 49 rcprefentation to her majefly on the oc- part ii. cafion of the before- mentioned acldrefs;^ ^^ rrom Stat, lo in which they fay, that no complaint had ^"** " ^'"- 3- ' •" . * to A. D. i7z8. ever come to them of exadions, or de- 1 J 1. J r 1 » Reprefentation mands made by commanders or the queen s 1708. ihips ; and if there were, the offender ihould be profecuted on Stat. 15 Car. 2. c. 16. That the charge againft Major Lloyd, for letting out the foldiers to work in the filhery, was under exami- nation at the board. But that for pre- venting any mifcondudt of officers with relation to the filhery and trade in future. For the fea com- they recommended, that the commodore, wmmand at during his llay there, ihould have the'^"'*' command at land, as he ufcd to have from the firft fending out of a garrifon, till within the laft three years, when that pradtice was difcontinucd. They thought this would contribute better to fupport good order and peace, in a place where no regular civil government was efta- bliihed ; and that it would enable him to fuperintend the queen's ftores, and to make better returns of the Uate of the trade and filhery. As to the execution of the adl in general, they ftated the abufes and irregularity fublifting in the ifland; ♦he ignorance and partiality of the filhing E admirals ; -^^ :^i:i^ m m '■m^ ,.^^ -til ■:■ ■ ,. sr.; ^iC :■■'■ ^^' i ■Xi'i% so HISTORY OF i:l' m PARTI!, admirals; and they recommended that I. I the commodore Ihould be impovvercd to I-rom Queen ' Elizabeth to rcdrefs and punifli all offences, and abules Stat, lo & II * Will. 3. committed at Newfoundland againft Stat. 10 & 1 1 Will. 3, c. 25. ; as to ihofc which he could not redrefs,they recommended he ihould inform himfelf whether the pro- vifions of the aA were duly complied with, and who were the offenders againft them, in. order that they might be proceeded againft in this kingdom. They fubmit- ted whether it would not be proper to ilibe a royal proclamation for better ob- fervation of this law *. 'ill' m I ill' !■■ ■'!•' i ■ '' 1 ''i- This reprefentation was approvctl by the queen, and an order of council was made on the 20th of M:iy 1708, directing a proclamaaon of the fort therein recom- mended, to ill'ue ; and alfo a comm liion to be prepared annually by the Lords Coiumiilioners for trade and plantations, for the commodore of the Newfoundland convoys, to command at land, during his (lay in thofe parts, with fuch further /«- Jtru5iions for putting in execution that act of parliament, as were fer forth in the re- iiji' ■ Entries, D, 34, prtfentation ; Hit'.'* m NEWFOUNDLAND. 51 prefentatlon ; the Lords were alfo direft- part i. cd to prepare a letter to Major Lloyd, dif- ^ ▼ approving his proceedings, and requiring &xiWiu. 3. to him to yield due obedience to the com- , , . /y. , , 1 • 1 Such commif* modore s commimon :. all which was ac- f,on imies. cordingly carried into execution *. /«- JlruHions were delivered to the commo- dore for executing this commiffion to command at land ; and in one of thofe he was diredted to fend anfwers to the heads of enquiry, which had long been in ufe, re- lating to the trade and filhery, and which were always prepared by the board of trade, and afterward given in charge 10 the commander by the lord high /vdmirah .P ■m This change in the command at New- foundland fet the lords of trade upon an enquuy after the commiffion (be- fore noticed) given in 1615 to Captain Whiteburn out of the court of admiral- ty for impanelling juries "f-. t feems alfo, that it was in agitation for the commiffioners of the cuftoms to ap- point an officer for preventing illicit trade in Newfoundland. The lords of trade were informed from the cuftom-houfe. * Entries, D. 44 to 54. + Vid. Bund. I. No. 75. vid, ant. p. 7. E 2 m m n that i» HISTORY OF PART II. that when a court of admiralty fliould be From Stat. lo cfcdlcd, and a I'tTfou !(• pointed to hear ^*^^'"o^' *** and determine caiifes on inform vtiona of A. D, i7»8. feifures, a revenue officer fhould have his commiflion and inllrudions. "I iiri II I i:i!i I But the French had got fo flrong, and had fo difturbed our poffeffions in the illand, that every thing gave way to plans of im- mediate and neceflary defence. Through the year 1710, the merchants were making reprefentations to the board of trade, befeeching, that in any treaty of peace with the French, Newfoundland might be referved wholly to the Englifh. This idea was adopted by the board, and they appear to have prefled it ftrongly with her Majefty*s minillers *. II Laws and or- In thc year 1711,1 find, what is called, NwfoSndUnd. ^ record of feveral laws and orders made at St, JohrCs for the better difcipUne and good order of the people, and for corre^ing irregu- larities committed contrary to good lazvs, and a8s of parliaments, all which were debated at feveral courts held,, wherein were pre fent the commanders of merchant s*fhips, merchants. • Entries, 142, 144, 147. and ir .1 llEWFOUNDLAND. 53 iind chief inhabitants ; and witnejfes helng ■ . , ...... ^ PART JI. fxuminedy it was brought to the following y romsJt. lo a^ tonclufton between the 2$d day of Auguft <»»^ A.^^'iyVs.'** 2^d day of October 17 ii. Then follow fifteen articles of regulation *, that mud have been very ufeful ; and it is worth conndering whether fuch a local legifla- ture, which the people feem in this in- flance to have created for themfelves, might not legally be lodged foniewhere, for making bye-laws and regulations, as occafion Ihould require. The commander Captain Crowe, prefided at this voluntary aflembly. His fucceflbr, it fecms, fol- lowed his example, and held a meeting of the fame fort. Thefe aiTemblies were fomewhat anomalous, a kind of legifla* live, judicial, and executive, all blended together -f* ; and yet perhaps not more mixed than the proceedings of parliaments in Europe, in very early times. At the peace of Utrecht we were put into poffeffion of Newfoundland in a way we had not enjoyed it before, for fome years, i'lacentia, and all the parts occupied by the French,were now ceded to the king of Great ■,'k *,'. 4 -It M W • Entries, D. 249. + Ibid. 272. E 3 Britain, ^ i' I' ■+, If' i, '.^if H 54 HISTORY OF PART "'• Britain, in full fovereignty ; the Frcncli From Stat. lo retaining nothing more than a licence to to a' D^'"*28 come and go during the fifhing leafon. A new profpeft now opened ; and the govern- ment, not Icfs than the merchants, turn- ed their thoughts to that trade with a fpi- rit that promifed itfelf all the fruits of this new acqufition. A Captain Taverner was employed to furvey the ifland, its har- bours, and bays ; a lieutenant-governor was appointed to command the fort at Flare fit ia ; the merchants befceched the board of trade that the French might be flridly watched, and kept to their limits, and that a fhip fliould go round the illand, to fee they left the different harbours at the clofc of the feafon. 'm ■■•*. w . : l\ ■ ■■■'{•! I Entries, D. 406, 408. + Ibid. 462. E4 Among Mm •I e:..' m w I !'r i! I •* i I Ml':. m HISTORY OP Among the propofals and riiggeflioni ""T" (oT improvine: the trade of Newfoundland, PART ir. V. From II Will. ^, to fomc papers from Mr. Campbell, in the year 1714 are dcfervingof notice *. The Newfoundland trade was taken up by the government in the year 1715, as an obje(ft of important confideration. Captain Kempihorn, then on that ftation, was fpccially charged to make enquiry, and report every information he could ac- quire ; and I find a very long letter writ- ten by him to the fecretary of the admi- ralty, and tranfmitted from thence to the board of trade. This letter is very full, and was fubmitted by the board to the king's government, as containing fuggcf- tions highly deferving confideration -f-. The board were now fatisfied that Ibmc new regulation ought to be made by par- liament; and preparatory thereto, they re- folved to write to the towns in the weft, concerned in this trade, defiring them to furnifti fuch information as they pofifeiTed upon a fubjeft where they had fo much '•_ xperience J. They alfo laid a cafe before • Entries, D, 480, 496. + Entries, E. 124. iz6. $ Ibid. 154* the It kewfoundLand. iJ? the attorney general, Sir Edward Northcy, ' PART 11. for his opinion on the dcfc(fts of Stat. lo & From sut. lo 1 1 Will. 3. and he was of opinion, that it J[ 'jj .^j'si'*" would be ncceflary, in order to oblige the obfervation of the rules contained in that ftatute, for a new ad to be pafled, in- flicting penalties for notobferving the fame, and direding how and where fuch penal- ties fhould be paid ; and he thought th?t a proclamation, requiring the obfcrvanc: of thofe rules (as was before propoft'd) would have no cfTedl *. On this occa.lon Mr, Taverner fuggeftcJ his remarks, and gave a fketch of a bill -f-. /Vfter the board had derived the information thai was o be obtained from the different foui :.ej, where they had applied, they u. ^vv up a long reprefentation to his majefty , dated the 2d of March 1715-6 containing their opi- nion upon the abufes, fuggefting the remedies that would be proper to be ap- plied Xi and recommending that a bill ihould be propofed to parliament for g'ving cffed to the fuggeftions there made. ^^ * Entries, E, 164. + Ibid. 204. X Ibid. 241 » 24;.- m 'm 71 r 1 Nothing ^ HISTORY OF ;iii:Kii PART II. Nothing was at that time done i but the !; ;r board continued to purfue the courfe they From Stat. lo ' -^ sc n Will. 3. to had taken for obtaining information : for A. D 172S. in Augufl: 17 18, we find a very full anfvver given in by Captain Pajfenger upon the whole of the fubjedl of the trade and filhcry ; and in December following, the ^Leprcfentation board made a reprefentation to his majefty, *'"*• more elaborate, full, and comprehenfive, than any performance that had yet been feen, refpedling this trade and fiftiery ; and to this they afterwards added the heads of a billy to be propofed to parliament, for eftablifliing the trade and filhery, and cor- reding theabufes to which it had been fub- jeI E W F OtJ N D L A N D» i M '.•a y i^ fiftiery are the undoubted property of his majefty, and that the Guipufcoans had no manner of right to fifli or trade there *. They take this occalion to remind the lords juftices of the reprefentation they had made laft year, and of the heads of a bill then fuggefted for better regulating the fifliery . The parts that had been furrendered of the Lands by the French, occafioned in various ways French. great conteft and difcontent. We have before feen, that it was the opinion of the board, that thofe parts fell under all the re- gulations of the flat. lo and u Will* 3. ; and this was confirmed by the opinion of the law officers. Another difficulty arofe, in confequence of an agreement made by the ft '4 I I.: ,via ^-m^. ■ Si •■^^u * Entries, E. 512* Queen fir Wt td kiSTORY oi? ! If ■ .< ■:•' k ii3'?:i;- I ■■!' .; J!l T ■* •{ p A R T Ji. Queen with the king of France, which went "! ^v beyond the terms of thet reaty of Utrecht. From Stat. 10 & "' ■' ind n Will. 3. The French were by the treaty allowed to toA. D. 17Z8. . . . , . n , ^ , 1-emain and enjoy their eftates and lettle- tnents, provided they qualified themfelves to be fubjedts of Great Britain — thofe who would not do this,had leave to go elfe where, and take with them their moveable efFedts. ^'leen Anne, in confideration of the king of France releaiing a number of proteftant flaves out of the gallics, permitted the French inhabitants of Placentia, who were not willing to become her fubjedts, to fell their houfes and lands there. It became there- fore a y»(y?/<7«,whether this permiffion of the queen was valid, fo as to difpofe of lands which came to the crown by treaty. This point was fubmitted to Mr. ff^eft, counfel to the board of trade, for his opinion; and it was material to fettle it, becaufe many Britilh fubjeds had purchaed fuch lands from the French inhabitants. His anfwer was, that the queen could not by her letter difpofe of lands granted to the crown by treaty ; but if (he entered into any regular agreement with the court of France for that purpofe, ihe was, by the law of nations, engaged to do every thing in NEWFOUNDLAND, ?l in her power to enable the French to have part u. the benefit of it : which might be done bv ^ "^ . - ^ ' FromStaMo her confirming titles to fuch or her and 1 1 wiii. 3. fubje>fls as fliould pay the French a confi- deration in money, or ctherwifc, for their lands or houfes *. Many fuch lands pur- chafed by Governor IVioody, having been ufed for fortifications, the board recom- mended compenfation to be made him by the crown. But when this queftion was fo an- fwered, what became of the right to (hips* rooms, as eftablifhed by flat. 10 and 1 1 Will. 3. which flatute was held to apply to the French parts now ceded, as well as to the other ?• Placentia being the beft part for filhing, the Engliih complain- ed they were deprived of the benefit they had promifed themfelves, by this new ac- quiiition, as they could not refort thither, without paying high rents for a plantation to cure their fifli. In truth, many French Hill continued there, and they gave encourage- ment alfo to Bifcayans, and to the people of Gmpufcoa, who, we have feen, were darting a pretenfion to fifh at Newfoundland, of fight. All thefe together conftitutcd a Bund. M. 99. fource ■sUti •:ifijf ^ ■ 1! .;■! ;]: ■ii- ■m ^z HISTORY OF t;jl PAR T II. fource of great difcontcnt, and fo continuedi 1 "7 for feveral years *. from Stat, lo •' and II Will. 3, toA,D. 1728. ^ , -. 1 • 1 r Another queftion, as to the right of pro- A Salmon Fjfh-perty at Newfoundland, arofe upon a /j/- ery granted. * •' ' j monfijheryy which had been carried on and improved by Mr, Skeffington, between Cape Bonavifa and Cape Jchn, in a part never frequented by any filhing fhips ; he had cleared the country up the rivers for forty miles, and had built houfes and (lages. This perfon applied for an cxclufivc grant of this fifhery for a term of yer-s; — the matter being referred to Mr. PVeJl, he re- ported, that fuch a grant would not be in- confident with the ftat. i o and 1 1 Will. 3 -f". The board accordingly recommended to his ipajefty, that a term of 21 years, in a fole fifliery for falmon, in Frep-zvater Bay, Ragged Harbour, Gander Bay, and Dog Creek, might very well be granted by his majefty, with liberty to cut wood and tim- ber in the parts adjacent, provided it were ^t fix miles diftant from the fliore if. In the clofe of the year 1 728, we find the •' See Captain Tavcrner's Remarks, Feb. 171 5-16. Bund. M. I ;. + Band. M, 98. ^ 8th April 1723, Ent. F. 36. board NEWFOUNDLAND. (Sj board of trade once more took up the partii. lubjcd of this trade and fifhery, in confe- From stat. ib qucnce of the reprefentations made by J[ 'jj ^'''3- tb Lord Fere Beaucltrk, the commodore on that ftation. In order to bring th6 fub- jedc under full difcuffion,they caufed letters to be written to the chief magiftrates of the different towns in the weft, requcfling the merchants to fend their thoughts, whe- ther any thing, and what, might be done for the further encouragement of the fifliery. With a vievv of undcrftanding the fitua- Opinion on sffo. tion and tenure by which perfons held lnr> ,» wiil«^. their lands in Newfoundland, the board referred, at this time, a queftion to Mr, Fane on the feventh claufe of ilat. lo and ] I Will 3. ** Whether the pofleffors had an inheritance therein, or only an eftatc for life ?" ami he was of opinion, that by the words of this claufe, an cft;ite for life only paffc to the pofl'eflbr", and confe- quently a right of alienation only for that intereft, for the following reafons : — I ft. From the general rule of law, that thie king's right and intereft can never be bound by general words— zdly. From the inconvenience that would enfue, if by thefc general <( ii 11 'M' rM r'!i if ;.,! ••i 'm ^li; \mm> 64 HISTORY OF PAR Til. general words an eftate of inheritance From Stat. 10 ^^^^^^ ^c conftrucd to be glvcn J forthefe to V/D^i^as' ho^^'^s, &c. might fall into hands impro- per for carrying on the fifhery, or be bought by fuch as are in the intereft of our enemies ; or fucli new erections, houfes, &c. might l>e purchaicd by one perfon, or two,and fo an cni>>offirg eOa' .li(hed,againft the dcfign and inrentivn of the adt — 3dly. From the words of the claufc, which feem 10 contint ihe poflcffion to the builder ; for the aft fays, to his (?r iriLi!. u/e ; which implies, as he apprehended, that this is only a nei Tonal privi- '^s^e ; nad a privilege it was fufficient, to have an eftate for life in a houfc, &c. probably flightly built ; and which, in all likelihood, would only laft for the life of the builder — 4th ly. This aft was mcde, he apprehended, in disfa- vour of the Newfoundland-men ; and it could not be fuppofed fuch a favourable provifion, in this inftance, would be made for them, when they were difcountcnanced in every other claufe of the aft ; efpecially too againft the right and intereft of the crown, which, in all doubtful cafes, muft be preferred*. December 19th, 1728. fiund. O. 34. The NEWFOUNDLAND. 6* The letter to the mayors of the weftern parth.^ towns produced only two anfwers ; one of prom stat. lo which confided of a complaint againft * d.^;»8V Colonel Gledhill, the lieutenant governor of Placentia, for encroachi.ig upon the fifti- ing rooms, engaging in the filhery, and ufing his power in an illegal and arbitrary manner ; the other complained of the il- licit trade of the New England men. Not tht lead advice was given as to any mode of correcting irregularities, nor was any thing faid as to the want of order, and good government. The board were, therefore, left to take fuch courfe as they in their wifdom ihould think proper. They ac- cordingly proceeded on fuch evidence as they had, and drew up a reprefentation to his majefty, dated the 20th of December 1728. In which they declare, ** That R«p«fenutiom ** the want of fufficient power in the com- ** modore for enforcing the ad of par- " lianient, and the general contempt, into which the authority veiled in the fifliing admirals had fallen, had reduced the " fidiery to a very bad condition ; and, unlefs proper remedies were applied, in all probability we Ihould entirely be deprived of the advantages derived by ** the nation from this trade," , ' . F They (( (( t€ €( (C ■'■ •.Ui ■ir] 1 * . ^I'i u. ,11 r . ", . «; u .1' 'H r m ■•..r.i'Xii. u HISTORY OF H "v. ji. f PAR T II. They then go over the abufes and irre- Vroms7at. io& gularitics fo oftcii Complained of; the in- A. D.'VisI** creafe of bye boat-keepers, the fettling of perfons in the iiland, the enticing away of feamen, and fiihennen by the Neiv EnglanderSy who alfo carried on an illicit trade; the diforders of the garrifon at Placcntia; the clafhing interefts of the adventurers s^nd the planters; and the in- cfficacy of Stat. lo & ii Will. 3. They lemi nd his majefty of their reprefentations of the ?.d of March I7i5-i6,andefpecially of that of the x6th of December 1718, and the heads of a bill annexed to the lat- ter. They fubmit that fo much of that, as may be thought proper, may be pro- pofed to parliament immediately; they judging that an tutire remedy for the evils complained of, could not be effeft- ed, without the aiiiflance of the legi-> ilature. However, they faid, there were fome irregularies, which could be corre^ed by the king's own authority, without the in* tcrpofition of parliament ; thofe were, the irregularities of the garrifon, and the dif- orders committed in the winter feafon. With refped to the former, they recom- inead. m ' NEWFOUNDLAND. 67 Recommends ment. mend, that conHdering the lieutenant go- part ii. vernor of Placentla thought himfelf ac- ^ v " . From Stat. lo countable to no one but the king, a nearer xi wm. v to controul and check over his condudt would keep him within bounds; and therefore, that the commodore on the ftation (hould be commander 'n chief both by fea and land, as had formerly been the pradtice, which would at once put an end to the competition, and jealoufy, which had {o long fubfifted between the land and (tz'^^^'^^^Z forces. As to the fecond, they recom- mend, that the commodore might have power to appoint judges, andjuftices of the peace, to decide difputes between the inhabitants, and diftribute juftice amongft them during the winter feafon. This they thought would alleviate the mifery of thofe unhappy people, which was great enough without additional evils from the anarchy in which they lived. They fay, that heretofore much encouragement had not been given the fettlers, to con- tinue in the ifland, and therefore regular governors, as in other colonies, had very feldom been appointed for them ; and it was their opinion, that thefe poor people, Ihould rather be encouraged to fettle in Nova Si'oiia, They were about three thou- F 2 fand ■: lis ./-'''PI i';i^ :.;,itj,", l-l ."•■■•.'ii^- M "' "I .'' ■ J'. m 68 HISTORY OF '■£' I f.W'l PART ir. fand in number, with their wives and rrom sJat. to^^''^''^"' ^^^ might be of fervice there, ^"•^ ■' '^'"- 3- where inhabitants were wanted. to A. JJ. 1728. 1 They took into confideration the claim of property made to ftages, &c. in pre- judice of the filhing fliips, upon which Mr, Panels opinion had been taken ; and they thought many fuch titles, if enquir- ed into, would be found to be defedkivc ; they therefore propofed, that fome perfon, ikilled in the laws, might attend the next commodore, and affift him to enquire in- to them, in behalf of the crown. The lame perfon might likewife be ufeful in forming regulations for the better govern- ment of the inhabitants, during the win- ter feafon, (o long as they continue there. They alfo recommended, that the bilhop of London, as ordinary of the plantations, fliould fend a clergyman, whofe falary might be put on the eflablifhment of the garrifon at Placentia *. This repirefentation of the lords of trade was taken into confideration at the commit- tee of council. The committee referred to • Ent. F. 158. the NEWFOUNDLAND. 69 the board to confider whether, as the com- p ar t ir, xniffion, propofcd to be given to the LordJ^^^I^^^^^ ^^ Vere Bea,>.,ack, would vacate his feat in*>« win. v to parliament, the fervicc intended might not be equally well carried on by inftruc' /ions to be given to the Lord Vert Beau- clerck, for putting in execution all the powers entrufted to the commodore, by flat. JO & II Will. 3. and by a commiffion, to be given by his majefty to a perfon fkill- ed in the laws, who (hould accompany the Lord Fere Beauclerck, for appointing juf- tices of the peace, and eftablilhing fome form of civil government among the peo- ple who had fettled themfelves in that ifland, that they might not be left in a flate of anarchy, upon the departure of his majefty's fhips of war. If their lord- (hips faw no obje ^ ' A. D. »7al, which had not always been done. This was to be pradlifed till fuch time as fome other method Ihould be eftabliftied for trying offenders in the country, which may, fay their lordlhips, perhaps be thought neceilary, fo foon as the iiland ihall have been put under better regula- tions, and fome perfon (killed in the laws may hereafter be annually fent thither for this purpofe, with his majcfty's commiffion of oyer and terminer. m /■Ml :v ;?i They were of opinion that the govern- ment of Placentia fhould be feparated from that of Nova Scotia, This defign for eftablilhing fome fort of government in Newfoundland ended nor n appoint- in the appointment, not of a perfon Jkilled^ ' in the law, but of Captain Henry OJborn, commander of his majefty*s (hip the Squirrel, The commi(lion given to Captain Of- born begins by revoking fo much of the commiflBon to the governor of Nova Sc0' F 4 tia, -.1 ii '■■if ■ I ■■•' ' » ■^^m : ■ '"IJ , iNlU ' nS'*!' 7« HISTORY OF PAftT II. fia^ as related to the government ofP/^- From Stat, lo ^^«'^^j Of ^"Y o^hcr forts in Newfound- a'd^i"^' *** ^^"'^ » ^"^ ^^^" SO^^ °" ^° appoint: //f»ry Ojhorn governor and commander in chief in and over our /aid ijland of Newfoundland, our fort and ganifon at Placentia, and all other forts and garr/jons erected und to be erected in that ijlitnd. It then gives him authority to adminifter the oaths to government, and to appoint juftices of the peace, with other neceflary officers ancj miniHers for the better adr-?iniftration of juftice, and keeping the peace and quiet of the iflancj. But neither he nor the juftices were tp do any thing contrary to the Stat. lo & ir Will. 3, nor obftru(5t the powers thereby given to the admirals of harbours, or cap- tains of the (hips of war. The juftices were required to be aiding and affifting to the commodore, or commanders of the ftiips of war, and the fifhing admirals, in putting in execution the faid ftatute. T*- 76 HISTORY OP ii I'll ' 1 f m ■1§ 'It, PART II. lar friend of theirs Ihould arrive with a Jl ">^ fifhing Ihip ; in fuch cafe Should the fliip« From Stat. 10& , , ° ^ * II Will. 3. to iifliing rooms of that harbour be taken up before he arrives, they often remove Tome planter or other for him, pretcndinp; that the planter^s title is not good to tl:e room he poilefles, when the commanders of" men of war, fome years before, adjudged it to be the (aid planter's right," " Thefe things are often done, and fe- veral of the inhabitants* fifhing voyages ruined thereby. It is common, that what is done one year, in relation to filhing rooms, is contradifted the next ; fo that the fifh- ing-rooms are not fettled lo this very day. Many times thefe adf".lrds never were in the land before, nor knew any thing of the matter ; in which cafe fome old weft country mafter commonly takes care that the faid admiral do nothing but what he pleafes. — Thofe are the patrons that are commonly called kin^s in that country, who facrifice other people's intereft fre- quently to ferve their own. The admi- rals are fome of the firft men to cut down the roofs of their flages, cook-rooms, and flakes, which paves the way for the in- habitants to follow their example, who ir^ the NEWFOUNDLAND. 77 the winter feafon generally carry away all part ii. the remainder. It is certain the admirals From stat.io* are feldom or never at leifure to hear any ". D.^yaS^ complaints whatfoever, except one of their favourites is the plaintiff*." ,1 ■'■.■ij'cm. m T>-\ 83 HISTORY or PART II. tereft,and that fifliermcn are not to expedt ''■""■'^'""^any jufticc from them. This contributes From Stat. lO "^ •' t . i &II Will. 3. to a fcarcity of men, which occauons to A. D. 17*8. . r L 1- C/U wages to be to extravagant, that the nm which they catch is often not fufficient to jxiy the fervants : And the inhabitants are thereby fo much difcouraged, that there have not been half the number of boats employed by them as formerly/* " But whatever redrefs the corrupt ad-' miniftration of the admirals is capable of, another great disadvantage, which the fifhery labors under, proceeds from the country being, during its long winter, wfthout the lead form of government or order. It is my humble opinion, that it would be of confiderable fervice to it, if fome of the inhabitants were intruded with commiffions of the peace for the adminiftration of juftice during that fea- fon *." Another writes — " I flattered mvfelf that as there was no garrifon here (namely at St, * Entries, D, pa. 494. Commodore bcott's Lt;tter> the 1 6th of November 2718. John's NEWFOUNDLAND. 8l Johns') to teriify or interfere, I (hould part ii.^ Hnd a ftri«flcr obedience to the laws and From stat. lo regulations that had been made for the J/q^^" gj' ** government of the place; and that pro- per regard was lliewn to the authority vclUd by law in the Hihing admi- rals ; but on the contrary I find, that through the ignorance of fome, and neg- ligence of more, for fome years paft, they have been fo flighted, that unlefs the captains of the men of war are prefent to affift and countenance them at their courts, their meetings would be nothing but confufion, and their orders of no ufe, which is the reafon we are obliged te ufurp power, which, I apprehend, does not properly belong to us, of publilhing or- ders in our own names; to prevent, as much as we can, the threats, the rioting, and diforders, which, to the great detri- ment of the filhery, are generally pradl- fed io our abfence. The great misfortune, and which I think is the origin of all the reA that attend this country, is, that no body in the winter fea- fon is empowered to keep peace, and ad- miniiUr juftice ; tbat the fober and induf- trious are every day liable to be infultcd G and " '-ft .'■tl'ht ■;■ <•■ 'm di. ■ :-\ ■l\ :'1| I 8i HISTORY OF PART II. and robbrrl ly the idle and profligate, From Stat. lo ^^^^^^ ^^^Y CHH oppofc thcm witli greater & 1 1 Will ^ to fQpj,^.^ j,^ (j^g ly^^jj of inquiry from the A. U. 1718. J ^ .y lords commiflTioners for tra.\ and planta- tions, there is an article which dircds, the names of the pcrfons to be returned them, who rjiii^uiilleredjuftice during the lart winter ; but I cannot find that we are any where authorized lb to empower propc " perfons upon leaving the country ; which is fo well known by every body, that were we to pretend to appoint any body, not the lead regard would be fliewn them." !.^ speaking of Placentla, and the part fur- rendered by the French at the treaty of Xltrechti he fays, — "Before the arrival of the men of war, they are threatened and intimidated into a compliance with what- ever is required of them ; the admiral's powers are contemned ; their court repre- fented as ridiculous and invalid, and of courfe, no jullice to be had. But as this has been already reprefe; "^cd by petition from the niafters of fhips, and other me- thods, I will not take up your time by enumerating more particulars, which would only Ix a repetition of what is already fuf- ficiently NEWFOUNDLAND. 83 PART II. C — -# ficlcntly known to their lordftiips. Al _ though I could not fettle evfiy thing in p.^^ 3,,^^ „ the order it ought to be, I endeavoured to '"A.'D^'iTiBV do all I could ; and as I found the regard to the filhing admirils fo mightily dimi- niihed, as made me juftly apprehend, orders from them would be but negligently obeyed, I therefore gave out in my name, fuch as I found abfolutely neceflary, the copies of which I have herewith fent ; and have alfo entered em in a book, which I have left fealr _ - *- one of the princi- pal inhabitants '^ livered tothenext officer that fhah come after mc, that he may know what I did, and my reafons for fo doing. I beg leave to fay, that if fuch a regifter of the proceedings of every officer had been kept ever fmce we had poflcffion of the place, it would not be fo difficult to decide every one*s property ; which really, as things were, 1 could not pretend to do, without running a rifk of doing injuflice." \ '.If ......^ ■ •! ■V 'I '' ' • • * -^ 1 ■1 J '■;•(''»; *• ''i : 31. Letter from Lord Veie fieao- derk. iSt. Johns', i gth Augoft 1729. ticular NEWF017KDLAND. 85 ticular fhould be provided for, that people p a R til may always have fomebody to apply tOpJ^TstTiT for juftice ; that fomebody may always be "*'^'i,^i";|; at hand to fupprefs disorder and riot, and to have a lawful power to command the alfiftance of his majefty's fubje^ts in the execution of a duty exercifed for the pub- lic good. St, Johns* is the metropolis of the ifland, and the difcipline which is kept up there, whether bad or good, will have a great influence upon all the reft of the harbours. If good order could be efta- blifhed here, it might eafiiy be effe^ed in all other places ; and I do not know any thing that tends more to confufion, and proves more prejudicial to the fiihery, than that irregularity." x After having fpoken of the oppreffion from debts, the impoiition in prices, the feizing for payment, and the like, he goes on—" It is likewife neceflary to acquaint their lord(hips, that although it is reafon- able for them to believe, that the authority given by the ftatute to the admirals of harbours, is fufficient to fecure them peace and quietnefs, and to prevent any diflurb- ances that may happen, to the detriment of the fishery, yet the experience of any ooe that has but once known this trade» G 3 will '■;!^ r^— - 86 HISTORY OF ^ji\ ^^ iJ'Lli'i I PART II. will affirm, that was it not for the yearly ' ▼ expeftation of a fhip of war coming among From Stat, lo »^ f . • j • i l J and If Will. 3. them, the power or their admirals would ^ ' ' *'* * be of little regard ; fo that one may mo- deftly affirm, they only commence regula- tion upon the arrival of any of his majefty*s ihips, and lay it down the moment they are gone ; upon which account feveral go and come with the trade, which charge, I believe, they would gladly be freed from, could they be fecure of good order in the winter*," ..,., ^A.,,_. ■;....,, ,^ ;^,;.r,|x:- Another writes, " I have made it my par- ticular care to inform my felf about the go* vernment, that being the material and only thing wanting : for without that there 19 nothing; and with that, I mean a good government, there would be every thing— =■ it would give a new life and fpirit to every thing ; for then every man would know his own, and no more ; every one would know ' nafter, and obey ; and every one would i.aow his fervant, and no more; every fervant would do his mailer's work, 4nd every mafter would pay his fervants* wages without fraud ; he would know his Ent. E. 1 3 J. rrdm Captain 'keiDpthorne'f letter, Oftobcr 171 5, 'j!>f;0 jj:i e:5;il i/ own i.> NEWFOUNDLAND. 87 own own pile of fifh, his boat, his flage, his part ii. nets, &c. But on the foot it is now on, he / ^ ' ' From Stat. 10 that happens to be the ftroneeft, knows&nwni. j.to every thing to be his own, and the weakelt knows nothing, or had as good as know nothing, except in that little interval of time when his niajefty's ihip, or ihips, happen to be there ; and very often the agrelTor ;abfconds, runs into the woods, and flies from judice, until the Ihips are gone ; and then down he conies, and reigns lord again. This has been done by a great many, but efpecialfy by one Ford, who had a power left him by a commander of one of his majefty's (hips to be governor of Petty Harbour. 1 have feen, and heard fo very much of this, that I faithfully be- lieve, and I have done myfelf the honour in two letters to my lords of trade, to ac- quaint them, as I here do, that no man liv- ing in the country of Newfoundland is fit to govern. For the fet of people that « live here, are thofe that cannot live in \ Great Britain, or any where elfe, but in a place without government ; and it is my opinion, without there is a governor, a man of honour and juftice fent to Newfound- land, I mean a civil governor, that ihall not rcfide altogetherat one place, but muft have G 4 a (loop, i •'IMj ,V' S8 HISTORY OF TAJir it.^ a floop, or Tome embarkation, to tranfpoft From Stat. lo ^>^ ^"^0"^ ^^^^ ^^ covc, and fct ordcf and A. a^vlV.* * '"^^ amongft them, the fiihery and trade to that place mud fall in a little time/' '■ ' t . vVVU'. " I have given out feveral orders for the admirals, and the oldeft mafters and plan- ters to furvey the (lages and cook-rooms, &c. to kn.ow what belong to (hip- rooms, and what was boat-rooms; and their report to me was, that they had not been furveyed fo long, that there was none, either admirals, mafters, or inhabitants, knew one from another; which was the beft,and all that I could get on that head*." ( . . ^ „ - . . j^ - .. . - - . . . ., ^ ^ - ^ Again — " for the ijioft part the admirals are for their own piTivate benefit, and not the public good, in general; they have fome privileges more than the others, aHd cfpecially in collecting their debts due to themfelve5,and very little elfe is minded of the aft of parliament, relating to the ad- mirals of the harbours, if they are not compelled by the commanders of his ma- jefty's ihipsof war, and all this is for want of a governor on the fpot. The admirals * £nt* £. 141 1. From Captain Pailbiiger's nn- (wQrs to heads of inquiry. Odlober 1718* * ^ deter- KEWFOtTNDLAMD. determioe differences, and very often they part il appeal to the commanders of his majefty's ihips for a final determination ; but (land •«^ nwaLj. by that no longer than while the captain is on thefpot*." Another writes, " I had feveral com- plaints from the inhabitants and others, of injuftice done them by the admirals, vice-admirals, &c. of their taking their filh off the rocks before cured, and other goods, for debts by them contracted, without any law or juftice, wliich has been a common thing amongil them ; fo that they wholly ruin the fiihery, for the planters have no- thing to work with next year. Thefe things are done by mailers of ihips, when the admiral has been in harbour, without his order. By this irregular pro- ceeding the ftrongeft man gets all, and the Teft of the creditors nothing; fo that the next year a planter is forced to hire himfclf out for a (ervant." •\ ' '■■^ /' ' ' Again—** as for the people complaining to admirals of any injudice done them by others, I do not find that any matter of a * Ent. E. 401. From Captain Paflen^r's^afwer* to heads of inquiiy^OAober i7i8« ■ ihip ^^t; 90 HISTORY OF ^M -V— From Queen Elizabeth to Stat, to »V II Will, %. p A R T IT. (hip values him, but the ilronged fide takes away every thing by force '*". Another writes, " the admirals prove generally the greatell knaves, and do molt prejudice, being both judge and party, in bearing fuits for debt; and when they have faved themfelves, then they will do judice to others : fo it would be requifite to have a civil government, and perfuns appointed to adminider juftice in the mod populous and frequented places, that they may be governed as Britons, and not live like a banditti or forfaken people, without law or gofpel, having no means of religion, there being but one clergyman in all the country -f.'* ^ ^ • While the king's officers, and perfons employed and trufted by the govern- ment, were making fuch uniform com- plaints of the abufes and diforders in the government of Newfoundland, the mer- chants adventurers feem to have been wholly blind to thefe irregularities. In * £nt. D. 426. 429. From Captain Leake's let- ter. September 2 7th, 1 7 1 4 . f £nt. D. 44^. From Mr. Cuming's reprefenta- tion« February 1 714-5. , ; *' •* feveral KEWFOUUDLAND. f« feveral reprefentations and memorials from p a r t n. them, fent in confequence of letters from ^ ▼ *" the board of trade, written in the year and n wuli. 17 15, there arc complaints of grievances, * *^* * but thofe were quite of a different fort ; and if they were removed, they appear to have been wholly unconcerned as to the continuance of thofe we have juftbeen re- counting. ; ' ? : ': They complain of the great quantities of compuims liquor and tobacco, which had paid nochanu. duty, and were imported by the New Eng' Iftttfl'inetty whereby the fifliermen were de- bauched, and the fifheiy generally hin- dered; that the New England Ihips en- ticed away the feamen, and were encou- raged thereto by a premium of forty fliil- Ungs per head, given by the government of New England for bringing Teamen and fifliermen. They prayed that all import of liquor and tobacco, except from Great Britain, fliould be prohibited, and the articles forfeited ; and that the fifliing ad- mirals fhould have powc to feize, and to have half the forfeiture. ,^ ^^ - , 11i;^' fW^ J't'3.. ^.J' •'*'■•■■ t{»f*r -f*'^' • v>" ' They prayed, that all ftore-houfes, &c. |)uilt by planters fince 1685, in the front of filhing ■o-:!*;;! Wm f» HISTORY OP PART II. fiihing iliips* rooms, towards the water, rrom Sttt ID fljowld ^c declared by adt of parliament to andiiwiu. 1. beloncy to the ihip to which the fifliing MA.D. a7ii. o , ... . r J u room belonged — this to be enforced by forfeitures, to be levied by the fiftiing admi- rals. For better prcfervation of ftore-boufes, cook-rooms, ftages, &c. &c. they prayed that the fifliiiig admirals, at the end of the feafoD, ihould infpcA them all, and depute fome honeft and beft inhabitant of the har- bour, to take care that no one prefumed to demolifli or injure them ; and that fuch perfon (b deputed fliouldreceive twenty fliil- Hngs from the fiihing ihip which occupied it next feafon. ./ -, ' ■ ' • They propofe fome (IriA regulations, to prevent aliens and flrangers fending out (hips as Engliih o\yned; with a power to the fiihing admirals to admini- fter an oath to the mailers of ihips, as to the ownerihip ; and to feize, as forfeited^ all foreign ihips ; half the forfeiture to go to the perfon feizing. They complain, that the French parts were not fo open for fiihing ihips to get rooms as they ihould be. Governor Moody and others pretending to havQ bought the / . . French MEWFOUHDLAHD. 9} French plantations; that the governor had part ii. permitted French ihips to come, and had ^^^ ^^ ^ ukf n all power out of the hands of the j^» ^"'- ^*^ fifhing admirals. •ri In order that the poor labouring fiiher- men might not fuiTer oppreflion anddifturb- ance from any military, or public officer, foldier, they defined, that no military perfon, on any pretence whatfoever, ihould inter- meddle with the iifliery or fifhermcn, inha- bitants, or others ; nor (hould let the fol- dieri out to hire, nor keep futtling houfes, nor have, for their private ufe, any houfe out of the lines of the fortification, or any gardens that have ferved, or may ferve, for fiihing rooms, according to the judgment of the iiihing admirals of the harbour. ' ■ f • ' ' ' And becaufe the commodores of late years had taken upon them to keep courts, and fend warrants to feveral remote har-> bours, for commanders of fifhing ihips, in the height of the feafon, upon frivolous complaints of idle and debauched men, and others, without the complaint being firft heard by the fiihing admirals, according to aftofparliament,tothegreatprejudiceoftbe; fifhery— they prayed, that the commodore might .'* mi fell 94 HISTORY Of' m I *iiWiU A. O. 17ft! A RT n. might not in future be permitted to do the pJ^JJJ"J]JJ[^ like ; that all complaints might be decided I. t.to by the HHiing admirals, and that no com- modore (houldprefume to intermeddle with debts between merchants, mafters, plan- ters, and fifliermen, as they had lately done, to the great prejudice of the merchants. They pray, rhat the Ihips of war, which yftre there to projeft the tr^de, might be obliged to come or fend aflfiflance, in cafe of piracy or mutiny in any of the harbours. They pray, that none ihould retail liquors to fiihcrmen, or perfons concerned in the fiftiery, but only to their own fervants; that goods, the produce or manufacture of Great Britain, might be exported duty fjTce, for the benefit oi the fiihery; that all oil, blubber, furs, and fiih, taken or made in Newfoundland by Britiftifubjeds, might* be imported duty free, and that Mediter- ranean pafTes for the ihips carrying fiih might be given gratis. u/r:-;, hi . . - ...... «... .*. . .. -. . fu.' .,':;.Ja£ They pray, that filhermen ihould be obliged to fifh till the laft day of Auguft, if required by their mafters. The ufual day had been the aoth of Auguil; but the fiih now came later. That filhing ad- : ..,:„,.. .,■ . . . _mirals IIBWFOUNDLAIIP* 95 mirals ihould have power to give corporal part ii.^ puniflimenc to all perfons, of what degree FromsTit.io* focver, who profaned the Lord's-day, and JJ.y"l,5i.** all common drunkards, fwearers, and lewd perfons ; that a fufficient number of ml- niften ihould be fent to the principal har- bours, to indrudt the inhabitants ; and that they might be paid from England, the country being very poor *. Others reprefented, that it would be proper to add penalties to (lar. lo and 1 1 Will. 3.; that maders of (hips ihould give bond to bring back fuch perfons as they carried out; or> if they went to a foreign market, to procure others to Ho it ; that bye boat-keepers ihould give bond to return and bring back all their fervants and hired men, with the like provifo, in cafe of going to a foreign market ; that maAers coming from any place but Great Britain, ihould give bond not to take away any fiihermen or feamcn — the penalty to be iixed by the fiihing admirals; that fea* men, or fiihermen, who refufed to return * Memorial of the merchants of Poole, in anfwer to a letter from the board, 3d December 171;. Another, word for word the fame, came from Weymouth, vid. £und. M. No. 4, 5. *i home. ■• 'IL-'^ :*0 At $6 HISTORY OP : ' SJi '1 M.,,., m\^ FART ir. hotncy ihould forfeit all their wages ; that I ▼ no mafter of a Ihip, bye boat-keeper, or rramStat.io& , . • j- xt II wiii. 3, to Other pcrfon, going or trading to New- * '^* ' foundland, ihould give credit to any ferr vant or fiiherman to more than forty (hil- lings; nor any other perfon felling liquor to more than five ihillings ; that a deben- ture, or bounty, be allowed on all beef and pork, as if exported for fale ; and alfo for all bread, flour, and malt, that fhould be ihipped off in fiihing fhips bound for New- foundland *. To thefe particulars were udded the fame complaints about foreigners interloping in the fifhery, as in the former memorials. The mayor of Plymouth, in anfwer to the fame fort of letter from the board, fays, that the merchants had no other complaint to make than the en- croachments of foreigners -f-. Such were the reprefentations made by the officers of the crowp on one hand, and by the merchants on die other, refpeding the trade and government of the illand. I have delivered them in their own words, and the reader will decide between them. * The memorial from Exeter, 30th Jan. 1715-6. JSund. M. No. 6. tBund. M. No. 8. .* \i PART C 97 ) PART III. ■ i* wit-, •.«J,*^ffll '-It*! Jujlkes appointed— Opinion on raifing ^oney by the Jujlices — Conteji between the Juf- tices and fifljin^ Admirals — Opinion on the Authority of the Admirals — A Court of Oyer and I'erminer propofed, — Such Cont' tnlffion iJfued—Lord Baltimore revives his Claim — The Peace of 1 763 — Remarks of tye Board on Stat. 10 ^ 11 IVilL 3. — Newfoundland a Plantation — Cujiom-houfe eflablijhed — Property in Flakes^ ^c, dif" cuffed — Stat, 15, Geo, 3, c. 31, ■ ■ '■• i' ■' >: i.f . '''^m ':*-, X.- ■ m. '.y^^:P' fdcby i, and :ding td. I rprdSy Ithem. ■'4 [715-6. •to-,; Iart s OME hope might reafonably be en- parthi. tertained, that the eftablilhment of a civil ^— ~v . , . , r • r From A. D. government, and the appointment of JUU1728, tostat. tices of the peace, with proper officers for*^' '**' ^' ♦xecuting the law, would have been re- ceived by all as a defirable improvement in the (late of fociety in the iiland, and it might be expeded, that fuch an ap- H pointment !V! ST ;»■' m ^flf Hisro-RY OP PART III. pointment could not fail of its effedt. Bfutf From A. D. ^^^ caufc vvhich had always operated to* *7i^^*°^*^'- prevent any fufficient authority being in- troduced into that place, oppofed itfelf to this new eftablifliment. The wejiern merchants, who had been filent, while this meafure was in agitation, were ready enough x.a bring complaints of its cbnfe- quences, when carried into execution ; and we fhall foon fee the ftruggle made x.tf Jjft'ccs appoint peace and conftables, as feemed neCeffary. Ih order for building a prifon, he ordered a rate, fuch as the juftices reprefented, he fays, to him as of little burthen to - be raifed, within the diftrids of St. Johns*, and Ferryland; and a prifon was to be built in each of thofe places. It was not greater than half a quintal of merchantable filh per boat, and half a quintal for every boats*-room, including the fhips-rooms of (hips fifhing on the bank, that had no boats; \^ith the like proportionable rate upon fuch perfons in trade as were not con- cerned in the fifhery ; this rate was only for one fifliing feafon. He eredted feve- ral pair of flocks, and he exprefled a hope . that the meafures he had taken would be - fufficient to fupprefs the great diforders that had fo long prevailed. But he fays he moft feared, that as the bed of the magiftrates were but meaa people, and not ufed to be fubjed: to any government, they would be obedient to H 2 orders 5<^n^H §0|n^^| V t '"^^H^^^l ' -'^' ijBI^^^I * '* ' 4^n^^l ' T^iQl^^^^l -''*^ t^Rfl^l y IcwK^^^I . ';(.-'r ^Rinl ■•.>'''j-ySyH ' k* Ll^iMl^fl^l 'I^H '- '. .. --'(^m^ 1 > • ■ " ,« V ■. /, .. : -K^-iv^^jf ''.' '•--:;■! p i i'll '■■■■ •JtV'rW ■■•■ i.''?'-i4.' AW jii'^^a loo HIJTORV Of fl ' Lr PART m. orders giVen them, no longer than they From A. D. ^^^^ ^ fupcrlor ainongft them. He fays^^ 1728, to Stat, that he and Lord Fere had done many ads 15, Ge6. 3. . . . . ' ' of juftice to the inhabitants and planters, particularly at Placentia,v/here they reftored feveral plantations that Colonel ^ledhill had unjuftly poffeffed for feveral years ; and many more might have been taken from that officer^ had the real proprietors been on the fpot to fue for them *. , When Lord Fere, and Mr, Ofiorn, re- turned to England, they made a report of what they had done ; in order to be af- certained of the ground on which they aded, they wifhed the opinion of the law^ officers might be taken on fome points^ and four queftions were accordingly re- ferred to the attorney-general, then Sir opinJon on iaif4 Philip Torke» The main point was the tlifjamS ^ 'levying money for building the prifons ; and the attorney-general was clearly of. opinion that the juftices of the peace in Newfoundland had not fufficient autho- rity to raife money for building a prifon, by la}Mng a tax upon fifti caught, or upon fifhing- boats; the rather becaufe Stat. io. • Bund. O, 49, ' « ' ■ Si slnd NEWFOUNDLAND. lOI Stat. & !i Will. 3. diredts that it Ihall be a part in. free trade. The power of juftices of the ' ]^ ^ peace in England for building: eaols de-»7«8.to st; J V 1 « »5» Geo, 3» pends, lays he, upon Sti^t. 11 & 12 Will, 3, c. 19, by which they are enabled to make an afleflment upon the feveral di- vifions of their refpedlfive co.unties, after a prefentment made by the grand jury at the aflizes, great feffions, or general gaol delivery. As the juftices of peace were by their commiffions, to aft according to the law of England, he apprehended they ought to have purfued that adl of parlia- ment as nearly as the circuipftances of the cafe would admit, and to have laid the tax^ after a prefentment by fome grand jury ; and then it ihould have been laid upon the inhabitants, and not upon thef/h ox fiJhing-boatSf So far as the people had fubmitted to this tax, there might, he faid, be no qccaiion to. call i; \v\ queftion ; but he cpuld not advife the faking of ri- gore u J methods to compel 4 compliancy with it. As to aflaulting any of the juftices or conftables, or any refiftance to their au- thority ; that, fays he, might be puniflied by indidtmef t, fine, and imprifonment at H 3 the .''!■ ■'.■■'t.i :-■ i ■ »■ ;v .'■ ''■ ■'.'■• J ■■ m 'm^^ X02 HISTORY OF in- PART III. the quarter feflions; and for contemptu- From A. D. °"^ vvords fpoken of the juftices or their 172^ to Stat, authority, fuch offenders could only be bound to their good behaviour. De- ftroying the flocks or whipping-pofts were indidtable offences. He was of opi- ' nion the juftices could not decide differ- ences relating to property, their power being retrained wholly to the criminal matters mentioned in their commiflion. '■■h"- He thought neither Captain OJborn, nor the juftices had power to raife any tax for repairing churches, or any other public work, except fuch works for which power was given to juftices of the peace in England to levy money, by particular adts of parliament "*. . ' " : I t; Hi 'isa-v Mr, Fane was likewifc confulted upon thefe points, and was of the fame opinion ; however he adds, for their lordlhip's con- iideration, admitting the Stat. 1 1 & 1 2 Will. 3. had not been fl:ridtly purfued, yet as the affeffment of filh was equally laid, as the people had fubmitted to it, as no other way could be thought of for raiiitng * 27 April 1730. Bund. O, 70, the NEWFOUNDLAND. 103 the tax; and as his majefty's cotnmiflion part iir. would be intirely ineffectual, unlefs a^.^^^ j^ p gaol was built, whether any inconveni- 17»8» »° stat. xci Geo. j» ence could arife, if upon the refufal of any of the perfons affeffed, the method laid down by Stat, n & 1 2 Will. 3. were purfued to compel a compliance with it *. Upon bei^^g again confulted. he fays, he thought Captain OJborn, as he had a(^ed with fo much caution and prudence, and had taken no arbitrary ftep, in execu- tion of his commiffion, could not be liable to a profecution in England, in cafe the inhabitants Ihould not acquiefce in the tax. He thought it abfolutely neceffary the tax (hould be levied according to the Stat. II & 12 Will. 3. and nopvithftand- ing the proceeding already had was not entirely agreeable to that law, he thought Captain Ojborn would be very well juftified in purfuing it, as it feemed the only me- thod whereby the defign of his majefty'^ commiffion could be executed -f-. Such were the difcuffions raifed on the occafion of thefe attempts to improve thefh^juSjcelTn? yolice of the ifland. Mr, Ojborn again ^"8 »'*'"'^'^*- • Bund. O. 71. 4- Bund. 0. 11* H 4 went .■;■.» -v T .• T .ill m ■", I ■.*>!. |<-|fTM. ri^l H^m-^ 'M' i I04 HISTORY OF LV U •i . f« " PART III. went' to Newfoundland: but in a letter From A. D. ^^^^ ^^' Jo^ns' in September 1730, ^» . 15* Geo. a"*' g*ves a very bad account of the new inki- tution. He iliys, he had hoped that a proper fubmiffion and refpedt would have been paid to the orders he had given, and to the magiHrates he had appointed ; but inftead thereof, the 0jing admirals, and fome of the reft of the matters o^ ihips and traders in the ifland had ridicul- ed the juftices* aurhority very much, and \ had ufed their utmoft endeavours to lef- fen them in the eyes of the lower fort of people, and in fome parts had, in a man-^ ner, wrefted their power from them. The admirals had brought the powers given- them by the fiihing aft in competition with that of the juftices, and Tiad not even fcrupled to touch upon that of the governor. All this difcord proceeded from a jealoufy the admirals and the reft of the mafters of fliips had conceived, that their privileges granted them by Stat. 10 & n Will. 3. were invaded by thefe magiftrates ; which power, fays he, ** thofe admirals could hardly ever be brought to make ufe of (without it was to fervc their own purpofes) before, nor till they faw thefe officers eftabliflied; and they are now, i , ^ ^ adds NEWFOUNDLAND. 105 adds the governor, doing all they can ^ part iit. ^ againll thefe men, only becaufe they bear prom a. d. this commiffion. Indeed, fays he, I find JJ^^bco. 3!"' by their will, they would be fole rulers, and have nobody to controul them in their arbitrary proceedings* He expoftu- lated with them, but it Teemed to forve no other purpofe than to raife their refent- ment again(l him, as the abettor of the juftices. He could not charge the juftices with having taken any arbitrary fteps; their fault was rather the contrary, v;here- as the admirals were guilty of many." *' The commiffion of the peace was in general difliked by all the majlers ofjhips, who were the chief people that oppofed moft of the fteps the governor had taken ; for which reafon, and partly from the in- difference of fome of the juftices, in thtir offices, who thought they fuffered in their way of trade, and got the ill will of thb people they dealt with, and partly frora the incapacity of others, the commlffions of the peace were but indifferently exe- cuted. However the governor, notvvith- ftanding this oppofition, proceeded to make appointments in places where he had before made none." The !^-i. ■ ' I "• -•? Wt;*i. ■;ll /1 f-.j '/'S Vrii Ai ic6 HISTORY OF u I m Si, 4: i /i Pi 'S ' PART m, • V ' from At D> Thepf'ifoH and tv7«r/ ^o//y^ at St. Johns* were nearly finifhcd, and people had very J7«8. to Stat, ^vell complied with the rate. He agreed IS. Geo. 3. r r u u • to a prefcntment for a rate to build a pn- fon at Ferry land ; and he faid, he did not doubt but the very fight of thefe two pri- fons would, in fome meafure, check many people in their evil courics *. Memorials were prefcnted to the go- vernor, by the juftices of St, Johns*, com- plaining that they were obftrudted in their duty by the fiihing admirals, who had taken upon them the whole power and au- thority of the juftices, bringing under their cognizance all riots, breaches of the peace, and other offences, and had feized, fined, and whipped at their pleafure ; they had likewife appointed public-houfes to fell liquor, without any licence from the juf- tices ; the admirals told the juftices, they were only winter juftices, and feemed to doubt of the governor's authority for ap- pointing ; that the authority of the admi- rals was by aft of parliamcpt— the gover- nor*s only from the privy council -f-. This diftinftion in the authority from whence Bond, O. 75. + Ibid, O. 79, they NEWFOUNDLAND. ic; they derived their power, was thought part iii.^ Aifficient for the admirals to prefume up- prom a. d. on; and the comparative pretenfions of '/j*cco. 3!*** them and the juftices were rated accord- ingly in the minds of the ignorant and malicious *» The towns in the weft were not back- ward to join in this clamour againft the juftices; they complained that the gover- nor had taken the power out of the hands of the fiftiing admirals, and vefted it in the juftices, who had proceeded in an ar- bitrary way to tax the fervants and inha- bitants ; had iftued out their warrants not only againft fervants, but againft the maf- ters of veflels themfelvcs, in the midft of their fifliery ; to their great prejudice, and in defiance of the admirals and the adt of parlii\ment. They fuggcfted that thefe juftices were, fome of them New Eng- land men ; and none of them ever com- ing to England, as the admirals did, there was no redrefs to be obtained againft them for their illegal proceedings. They faid, fome of the juftices fupplied the ^ihermen and feamen with liquor at ex- * Bund. O. 84, orbitant A}) ^•■: ^■V V -• ..'.>■" ■■■•S?-i\. t • '•ff .•I'U;)!!, ', '<•■■ ■ m m %)B- io8 HISTORY OF PART III. orbitant rates, though the merchants would ^J^|j^"]<"^"^ fiipply them at a moderate advance. Af- .7»8, to sut. ter dating fuch plaufiblc topics, which, it was well known, would always be lif- tencd to when Newfoundland was in queftion ; they prayed, ** That fuch juf- iticcs might havt; no power during the ; flay of the fiftiing ihips ; but that the admirals might rcfume their authority, and that the commodore and captain ^* of men of war (hould be ordered to ^i* aid'ng and afliftinor to them therein *', M'Wi Itm ■ This competition bcfwecn the fifliing admirals and the jufticcs was taicen into confideration by the board of trade, whp Opinion on the callcd for tlic opinion of Sir Philip Tbrke, Jdmrrai?" * *then attorney-general, and he reported, that upon a view of the commiffion to the juftices, of Stat. lo & n Will. 3. and of all the complaints, it appeared to him the whole authority granted to the fifliing admirals was retrained to feeing the rules and orders contained in that adb, concern- ing the regulation of the fifliery, duly put in execution ; and to the determina- tion of differences arifing between the • jB'i.x, O. 104, io^. mailers m i^EWFOVNDLAMt). 109 matters of filhing boats, and the inhabi- pa.it 11 r.^ tants, or any bye boat-kccpcrs, touching Prum a. d. ' the i;ght and property of filhing-rooms, J j'oeS^jI*'' ftages, flakfs, &c. which was a fort of civil jtnifdidtign in particular cafes of property ; wf '^reas the authority of juf- ticcs extended only to breaches of the peace. He was therefore of opinion, tuat the powers granted to the jufticcs were not inconfiftent with any of the ? rovifions of the aft, and that there was no interfering between the powers given by the adt to the admirals, and thofe by the commidion to the juftices *. The ftruggle between the 3fhing ad- mirals and the judices was (til! kcept up; the weft country merchants, aid mailers of (hips fuppcrting the former, and the governor Handing by the latter. This produced complaints on both fiues ; and no doubt, in fuch a conteft a juft caufe of complaint might often be found i n both fides. But the aggreflbrs were certainly thofe who fet themfelves againft the au- thority of the governor and juftices, and who, by their conduft on this occ^iion^ ■■}] I,.' . '■-V Ul\ ' ')■ 'I *',: ^ a^tih of December 1730. Bund. O. 109, plainly I i6t History ot iilil-: iii:!il;;i -■ Mit ji;«: p ■i. ^'\" J'.l ^1>ART itr.^ plainly Ihewed they wifhed the inhaSl- From *A. D. tants and poor planters fhould be deprived »5»!.<^eo! S'"^ °^ ^^^ pfotedtion from legal government, and fhould be left wholly at their mercy. It was given in fpecial charge to the iucceeding governor. Captain Clinton^ and to his fucceflbrs, to make a report of what was done towards carrying into execution the new commiflion of the peace. In compliance with that charge, we find the governors return fuch accounts of the oppofition of thele admirals to the civil government, as are hardly to be credited but by thofe who have read what went before; and after that it would be tire-, fome and naufeous to detail any more upon the fubjedt *. This conteft continu- ed for fome years, till it was found that no oppofition could induce his ma- jefty's minifters to withdraw this fmall portion of civil government, which had not been granted till it had been loudly called for by the neceffities of the ifland. The fiihing admirals then became as quiet, and ufelefs as before, and content-. * The correfpondcnce to this effeft may be fecn, Bund, O, io8, aadfo on through that volume. . ' ed 1' ** ■ KfiWFOUNDLAND. nr cd tliemfelves with minding their own part hi bufinefs, in going backwards and for- from a. d. wards to the banks* 1728, to Scar. 15, Geo. 3, While this qiieftion of the competi- tion between the filhing admirals, and the juftices, was agitated, Mr. Fane alfo was confulted, refpeding the diftind jurifdic- tion of thefe officers, and he agreed in opinion with the attorney -general; he alfo at the fame time delivered an opinion that is worth remembering; namely, that allj the ftatute laws made here, previous to his \ majefty's fubjedls feitling in Newfound- >' l;uid are in force there ; it being a fettle- ; ment in an infidel country ; but that asf to the laws paflcd here, fubfequent to the : fettlement, he thought they would not i extend to that country, unlefs it was par- '■ ticularly noticed*. The queftion then will be, when did this fettlement take place ? And it may be urged, that the policy having all along been to prevent fettlement, and that perfons ihould refort thither only for the filhing feafon, there is to this purpofe a fettlement commenc- ing annually ; and that in truth, Britifli • 30th of March, 1730. Bund. O. 119. fubjeifls it ..;v't 1 i'* *■' r', Vlf ..■ f ■ ■'';;•:)(^»l';- m "': r* -■Hi" ■■ 1'* i "' .'.'il ■:m w 212 History of PART III. fubjefls carry with them the laws of this '^ — 'y ' country, as often as they go thither ; if fo, 1728, to Stat, all the law of England, as far as it is ap- >5 eo. 3' plicable to the ftate and circumftances of Newfoundland, is conftitutionally and le- gally of force there. This was a qucftiorl of much importance, but it has fince been fettled by the wording of the aft of laft feffion for eftablilhing a court there i which court is to determine according to the law of England, as far as the fame is applicable to the ifland. i/'-v ii ■-.•■: i A commimon Nothing material appears refpedling the ofoyerandte- . ., ^ ^ , , ... hiinerpropofed. Civil government 01 Newfoundland, till the year 1737, when the board of trade liftened to the reprefentation that had = frequently been made by the governor, of the inconvenience, of fending over tb England for trial, perfons who had com- mitted capital felonies. In fuch Cafes thie Witnefles were glad to keep out of the way; the felon was fent to England, with- out any perfon to prove his guilt ; a great expence was incurred, juftice was difap- pointed ; or if the fad were proved, the poor witneffes was left to get back as they could, with the expence of their voyage^ M 4. *i>in NEWFOUNDLAND. 113 Voj'age and refidcnce, and the Certain lofs part iii. of one feafon's filhing. r • ' r It had been provided by flat. 10 and 1 1 Will. 3. that fuch capital felonies might be tried in any county in England ; and in the commiffion of the peace lately given, this policy was fo clofely adhered to, that the juftices were therein reftrained from pro- ceeding in cafes of doubt and difficulty, fuch as robbtriesy murders, and felonies, and all other capital offences. If appeared to the board of trade that this fcruple might now be got over ; and they propofed inferting in the commiffion that was to be given to Captain Vanbrugh, a claufe, authorifinghim to appoint commiff oners of Oyer and Terminer; but the board wiftiing to be aflured thit the king's prerogative was not reftrained in this particular, by the above provifion in ftat. 10 and 11 Will. 3. they confulted the attorney and folicitor general, who thought the king's power was not abridged by that ad. The board, in their repre- fentation to his majefty, ftate the example of a commiffion being granted to the com- modores with other perfons, for trials of piracy, as a precedent for trufting them with this authority to iflue commillions for I trying V From A. D. 1718 to Stat. 1 1 Geo. 3^ ^'-^ ■It J"- "»»■•.■■• .' I. ■''c'.;:-fi .»I4 .HISTORY OF /...y,' PART III. trying felons ; and that it was no more than Prom A. D. ^as givcH to Other governors of plantations. X728 to Stat. 15 But they inform his majefty, that as this power might be too much to be entrufted in the hands of judges and juries very little ikilled in fuch proceedings, they had added an article, which reftrained the governor from allowing more than one court of Oyer and Terminer in a year, and that only when he was refident ; and he was further in- {Irufted, not to fufter any fentence to be executed, till report thereof be,made to his majefty *. But when the commiflion went before the privy council for approba- tion, all that part which gave this authority was directed to be left out ; fo fearful were they of trulling fuch authority to thofe in whom they had lodged the civil govern- ment of the ifland "f. \' ■ ■■ So this point refted till the year 1 750 \ when Captain Rodney, who was then go- vernor, preffed the fecretary of ftate for fuch a power to be granted. It was refer- red to the board of trade, where they re- curred to what was projected in the year 1738 for Captain Fanbrugh*s commilHon. * Ent. F. 410, f Ibid. 420. Bund. P. 22. A doubt NEWFOUNDLAND. "5 '•«' «■• A doubt arofe with the board, whether this part iri. power might be given by inJlrnBion, or ^^^^^ jj^ whether it muft be inferted in the com- 172^ tostat. is Geo. 3. mimon ; and Sir D. Ryder, then attorney- general, being confnhed, he was of opi* nion, that fuch power could not be granted by inftriidtion, nor any otherwile than under the great feal ; but that the manner of exercifing fuch power might be pre- fcribed by inftrudlion ; he thought the clauft drawn for the cbmmiffion of 1738 wa^ fufficient, only that neither the power of trying, nor that of pardoning treofon, lliould be entrufted with the governor, or any court ere<5led by him. The commif- fion ifiued accordini^ly, with this new such Commif- power, to Captain Francis PVilliam Drake . It may be remarked of thiscommiflion of Over and Terminer, iffiied under the new power given to the governor, that it has not been executed without fome queftlon being raifed as to its legality. Perfons, who were obftinately bent to believe there Was no law in Newfoundland but ftat. 10 and 11 Will. 3. were difpofed to doubt the power of the crown to give au- * Ent. G. 203. in April 1750. I 2 thority ^'■3 I-'.*'-- ■ ...'1.1' •■ "%' •1"! ,% .<. ii6 HISTORY OF Bf-'! PART III. thority forifluing this, as well as the com- r'*~""^rTr'^ miffion of the peace. It has been the in- From A. D. * ijastostat. i5tereft and inclination of many at New- foundland to contell every thing that was not founded upon the fame parliamentary authority as flat. 10 and 11 Will. 3. But this fpirit, whether of ignorance or wilful- ijefs, has worn off, in a great meafure, of late years, though it is occafionally at work even now. And it is to be lamented at this moment, that the advice given by the board of trade in the year 1718, and after- wards on the occalion of eflablilhing the civil government in 1 728, was not followed; and an adt of parliament pafled for remedy- ing all the abufes and irregularities at once, inllead of reforting to the half meafure that was then adopted, and which had all the difficulty we have feen to fupport itfelf. '^- Ji!- If we are to judge from the dearth of matter in the books of the board of trade, things went on very quietly at Newfound- land for feveral years. We only find fome fcattered fads of no great importance. i ■■•iT^': j-ord Baltimore In the year 1754, Lord Baltimore laid in ciainji ** his claim to be put in pofleflion of a large trad of land in the iiland, by the name of thi NEWFOUNDLAND. 117 the province of Jvalon, and of all the royal part m. jurifdidtions and prerogatives thereto be- 1 ^ longing, and prayed that his majeily would ir^^tostat. 15 approve John Bradjireet, Efq. as govcrner thereof. This grant has been before men- tioned*. A claim fo important was referred by the board of trade to the attorney and folicitor general ; who, after infpedtion of fuch papers as were furnilhed by the board, and hearing what could be urged by Lord Baltimore, were of opinion, that as, not- withftanding the determination in 1660 ia favour of tht grant in 1623, there was no evidence of any adual poffeffion of the province, nor the exercifeof any powers of government there by the Baltimore family ; as, on the contrary, it was moft probable, that, at lead from 1638, they had been out of poffeffion ; as from the year 1669 there had been many proceedings, which ap- peared from the books of the board of trade, and even an ad of parliament paffed in the 10 and 11 Will. 3. inconfiftent with the right now l!et up, without taking the leaft notice thereof, and without any claim or interpofitioji on the part of the Balti- more family ; and as his majefty's appro- J)ation of a governor ought to be in cpnfe- * Vid, ant. p. 6. 13 m 11-5 Wi .-' i\ " • * 1. 1 1 ^^ T . 'I ■ f " "Mud quenc^ ^ ii8 HISTORY OF ... a, v*; ■ ■i'^ it ■■"'»■- ^ PART iij.^ quencc of a clear title of proprictorllup, From A. D. they vvcrc ofopinion, h'ls majeft}' Ihould noc c^t^j."^"'"'^ comply with the petition. This opinion of the law officers fccms to have been adopted by the board, and no more has fincc been heard of the province oiAvalon*^ The board of trade in November 1758, fhewed a difpofition to take into conlidcra- tion the trade and fiihery of Newfoundland, which were thenfaid to have declined of late years. For the purpofe of obtaining every information that could be derived from thofe experienced and in:erefted in the quef- tion, they direded letters to be written to the towns in the weft ; but they received for anfwer nothing but fuch matter as had relation to the inconveniences refulting to the trade from a ftate of war ; and the only remedies propofed were a due regulation of convoys, and that feamen employed in that trade Ihould not be fwbje^ to prefl- ing "f". The Peace After the conclufion of the peace in 1763, a more favourable opportunity feemed to prefent itfelf for doing fome- • May 23, 17)4. ^^^t. G. 329. fEnt. 0.341,343,345, thing UEWFOUNDLAND. "9 thing towards the encouragement of the part hi. filhery. Upon this occafion, as upon for- F,.om\. d. mer ones, when this lubjcdt was under deli- \1^^ '°^"*- *s heration, the board of trade c'-cd upon the weilern towns for advice aiid infor- mation ; and now they joined to them fuch towns in Ireland ami Scotland 2^.% had lately engaged in that trade; namely, Cork, J^Faterford, Belfujl, and Gbf^ozv ,* The French turned their attention to the arrangements to be made in their own fifhery, in confequence of the peace. The French ambaffador prefented to our court a proje<51: of arrangement, to be recipro- cally agreed upon between the two crowns, for avoiding difturbance and difpute be- tween the Englilh and French in carrying on the concurrent fifhery. This matter , came before the board of trade, who refer- red it to Sir George Hay, the king's advo- cate, and Sir Fletcher Norton, and Mr, dg Grey, the attorney and folicitor general, for their opinion, whether the projeft was confident with flat. lo and n Will. 3.? and whether the crown could legally enter into, and had power to enforce fuch regu- ■ 4 ■ < • ^■tv'^l " '■-■<" ,V' 111 ..m • 6th December 1 76j» 14 lations. I20 HISTORY OF PART III. lations, (o far as they related to the fubf From A. D J^^^ of Great Britain ? To which they cw ^°^*''*' '^anfwered, that the projeA contained many things contrary to the adt,as well in refpe^ft of the rights of the king's fubjedts, as to the mode of determining controverfies ariling there ; and that the crown had no power to enter into, or enforce fvich regu- lations *, a-!! It was, however, thought proper to draw up fome additional inJlru3ions to the go- vernor, with a view of preventing any in- terruption or difturbance being given by the Englilh to the French in carrying on i their fifliery within the limits appointed by treaty. Thefe were alfo fubmitted to the fame law-officers for their opinion as to the ftatute, and the power in the king to make them. The law-officers made fome altera- tions in thefe inflrudions, and declared, that ia fuch form they might be legally given to the governor, being conformable with the thirteenth article of the trx^aty of Utrecht, and not repugnant to the ftatute. For, fay they, although the ftatute feems to confine the whole trade of Newfound" • 6th March 1764. Bund. S. 57, 58. ' '-' '■ land m. KEWFOUNDLi^Kl 121 land to Englifh fubjedts ; yet as ' ? f^renr^ were at the time of paffing the ' . and ha been for many years before, in poflfjffi of feveral parts of the ifland, and notori- oully carried on an open fifhciy, and claimed to be entitled thereto ; and as that claim, and the exercife ot a filhery there, had not been rejedted or difallowed by the treaty of 1686, nor by the treaty of Ryfzvkk in 1697, although feveral petitions of mer- chants and others had been prefcntcd to the houfe of commons in the year 1696, complaining of encroachments of the French upon the Englifli trade and tilhery there ; it feemed to them, that the ftatute was not meant to extend to fuch parts of the ifland, and its adjacent illcs and places, as were then left in the poffeffion of the French ; nor to abridt^eorrclbain the power of the crown over the fame, confetjuential upon the making of pe.ice ; the exercife of which, in this inftance, had received the repeated approbiitiou of both houfesof parliament in their xd^.' ions upon the treaties of Utrecht and Parn *. PART III. ^1 .''J.- *f y >-. •■ Fn m / ). ■'J ■Aw. . >i • • 1.. m ■'- liic-}M!^;- The board of trade adopted the amend- * 21 ft March 1764. BunJ. S. 61. Ent. II. 236, 240. ments in HISTORY OF ii' m m--^'- 'i:'" mm .Ah:-:. & -». PART iTf. mcntsmacicby the law-oflficcr, and rreom- , ^,' mended to his majefty the inllrudions (o Ffom A> D. . <7ttu>Ftat. 15 altered to he given in charzc 10 Mr. Pal' l/fer, then governor of Newfoundland. They took occafion, in their reprefcnta- tion at that time, to enhirgc upon the na- ture of that trade. jwwrksofthe Thcv faid. that in framing thtfc addl- joaodiiw.j.tional inftrudtions, it became nereirary to confider, with the clofell attention, the provifions and regulations of Itat. 10 and 1 1 Will. 3. ; which aft, having been framed and paflcdatatime when the crowns ofGreat Britain and France had diftinft rights and poiTefllons on that ifland, and the fubjedts of both carried on diftindt fiihcries upon thofe parts of the coafts, which belonged to each rcfpcdlively, was, they humbly conceived, in no refpedt properly appli- cable to the permiflive filhery, which the fubjeds of France were entitled by treaty to carry on in common with the Englifh fubjeds within the limits defcri- bcd ; although, being an adt in full force, they had found thcmfelves under the ne- ccffity, in framing thefe additional inftruc- tions, to conform to the regulations and provifions of it, in many points, which did, in $1^ KEWroUNDLAND. 123 in their opinion, render tliofc inftrudtions part iir. Icfs cfTcclual and cxicnfivc than they might prom a. n. othervvife have been. 1728. to Stat. 1 5, G««. 3. But independent of this objection to the adV, they conceived it highly exception- able in almoft every other light in which it colild be viewed. The regulations in- tended for the filhery were in general by no means applicable to the prefent ftaie of it, and I'uch of them as might be of life were not enforced by proper penalties. And, confidcred as a regulation of govern- ment and civil jurifdidlion, this adt, they faidjwasthe mod loofeand imperfcdl that could have been framed, and neceflity had already introduced deviations from it in many eflential points. Without entering into the particular re- gulations of the adt, and confidering only its principal imperfcdtion, namely, the fifliery of the ifland being altogether changed and varied from what it was, when vhe aft was paflcd, it appeared to them CO be difgraceful to fuflfer it to remain in the ftatute-book. But as they feared it was too late in that feffion to enter upon any new parliamentary regulations, the further m ^•^ .'VM :''/'.| ::yi I, •■K,?, ft ■.■.:,v,v , ,■■ p■•:■V>•'f;..;•;,^; ,5j-.f;. ■r-^^-\ The proceedings of the French at this lime gave great uneafinefs. At tlie clofe of thi^ year, the board of trade made a * 20th of Ap<:il, 1764. Entries, H. 337. reprefentation J' ■ . ?^ti.^. if"'i«' ;'; [ ,51 1' V' ' 111'*' ^w 126 HISTORY OF PAR '^ sr From A. D. T III. reprefentation to his majeft}', refpe€ting feveral Ihips of war being fent by the 1728.10 Stat. French to St. Pierre and Miquelon. which 15, Geo. 3, ^ ' had been ceded to them by the peace ; thefe, it was fuppofed, were fent thither, with a view to a fudden rupture, or at lead to give improper countenance and hopes to the French in thofe parts; at any rate fuch a mfeafure was confidered as contrary to the treaty, by which thofe places were ceded merely as a Ihelter to the French fifhermen *. It was feared a filhery was meant to be forced there out of the French limits,, and an illicit trade carried on with the Indians. The ruin- ous (late of our forts and fortifications in Newfoundland made thefe appearances the more alarming. It was therefore, re- commended to put the forts upon a re- fpedtable footing ^» ReprtTentatlon 1765. The board ftill kept in view the im- provement of the advantages obtained for the fiflieries in thofe parts, amongft which that of Newfoundland was the chief; and on the 29th ot April 1765, they made a fecond reprefentation to his majefty, more * lahof Decembtif 1764. + lbid. full NEWFOUNDLAND. "7 full thm either of the former; and for partui, thofe who wifli to be informed of the J!~~^ From A. D. nature of this trade, a very fit companion » 7*8, to stat, to the reprefentation made in the year 1718. This was followed by a third, dated the 27th of March 1766, which alfo deferves particular attention. Among other improvements meditated for Newfoundland, it was refolved to eftablilh cuftom-houfe officers. The . ' commiffioners of the culloms, in March and May 4764, iflued out deputations conftituting a coUedtur and controller of the cufloais at Newfoundland. We find that Captain Byng had, in the year 1743, appointed a naval officer as a necelTary af- fillant to him, in checking the illicit trade there carried on. It does not ap- pear whether this appointment was con- tinued by his fucceffors. :■ "-■•>■:'■• I-" •' ■ . [■•■,*■' .'•. A feizure was made about this time at Newfoundian* Newfoundland of a fhip, for want of a *''*"* regifter ; it appeared to the commiffioners of the cufloms that New^foundland had hitherto been looked upon merely in the light of afijhery, and velTels going thither were not thought liable to the fame regu- lations, 128 HISTORY OF ^m vr^f PARTitr. lations, as thofe going to the other Britiih ., y^ colonics and plantations : they now ap- 172S, tostat. plied to the treafury for advice on this jj,Geo. 2- point * ; and the treafury referred it to the board of trade for their opinion ; who re- port, that they faw no reafon to doubt its being a part of his majefty*s plantations, and they thought its commerce, and the ihips bound thither, Ihould be under the fame regulations as in the other planta- tions : their lordihips further thought, that as the governor had fufpcdted that many foreigners were Iharers in the filTiery and commerce of that iiland, and had made feizure of three Ihips, in two of which it clearly appeared that Spaniards were concerned, it was highly expedient and neceflary, that the laws of navigation ihouid be carried into execution there X\ Cuftom-hoHfe Thus by the eftabliQiment of a cuftom* houfe, and the introduftion of the laws of navigation, was another pillar added to the civil government of that place. But this was confidered and treated as an in* novation by thofe who clamoured for a > •J; • Bund. T. 50. $ 5tli of June 1765. Entries^ H, 438. , V ; , free NEWFOUNDLAND. 129 free fiOiery, and Stat, io & 11 Will. 3. partiii. and this inftitution being effected without p^^^^^^ CZ7 the authority of parliament, was q"eftion-j'7i8.^toStat. ed in the fame manner, and upon the fame ground, as the commiffioners of the peace, and of oyer and terminer. The article of fees was a topic on which a Complaint might be founded with moft hopes of fuccefs, where the interefts of a fifliery were concerned. This the merchants pulhcd with petitions and memorials for fome time without pre- vailing : and the fees of the cuftom- houfc are a caufe of complaint to this Very day. '■^r *.m ■■.,(' free The adivity of Mr, Fallifer during his Property in government, had contributed to bringcuVS forward the old debated queftion of pro- perty in flakes and ftages. Thefe quef- tions were of different forts, the firft re- lated to the parts between Bonavifta and Point Riche, the two limits of the French fifliery. Many tradts of land wi hin thofe limits were claimed as private property ; and, as fuch, might interfere with the con- current right of the French to fifli there. This matter was agitated at the board of K trade. ■]Vm AM 1^0 ttlSTOliy OF PART lir. trade, and an additional inftru£tion upon T>1i'% ■' '.: •JB.','* From A.D. that head was givcn to the governor, by i5*Geo° 3!''** which he wa^ commanded, not upon any pretence whatfoever, to allow any exclujive pojfi'ffion to be taken, as private property, of any lands, rivers, or iflands in the nor- thern parts, between Bonavijla and Point Riche ; taking fpecial care that fuch fhips as reforted to that part, fhould chufe their ftations as they arrived, and (hould take up, and occupy, fubjedt to the governor's controul, fuch fpace only of beach as was proportioned to the num- ber of their boats, conformable to Stat. 10 & II Will. 3 *. . ' \ This provifion v/as with a defign of preferving peace between the fifliermen of the two nations. But the exclufive property wliich fome pcrfons claimed in ftages, flakes, and beach, was a queflion that applied to the whole of the ifland ; and had become of a magnitude to call for fome difcuffion and adjuftment. The board of trade thought proper to confult Mr, Torke^ then attorney general, upon ♦ 6th of May 1765. Entries, H. 435* ' this lr»fi Upon ,r, by an any ccluftvi )perty, le nor- i Point h (hips chufe (hould to the 3nly of e num- :o Stat. fign of (hermen xclufive imed in queftion iiland ; ; to call It. The confult il, upon 3S* NEWFOUNDLAND. 131 this this point. They propofed to him two part hi. qucftions ; firft, Whether exclulive pro- ^ • /» T r 1 1 From A. D. petty in any part of Newfoundland can 17*8, to stat. be acquired under colour of any pro- *^* vifion of Stat. 10 & 1 1 Will. 3, without a juftUes appoint grant or patent from the crown ? fecondly. If any part of that aft does warrant fuch exclulive property, what is the nature and extent of it ? Can it be acquired for the purpofes of cultivation, and fettlement of the land, or is it confined to the purpofes of fiOiing; and in what manner, and upon what principles, and by whom are any difputes ariiing thereupon to be de- cided ? By the anfwer to thefe queries, it was hoped to obtain fome clear judgment Upon thefe points, for rhe direction of the governors ; who had fometimes con- lidered this as real, fometimes as perfon- al property, at other times a& no pro- perty at all; and were involved in great difficulties, and expofed to vexa- tious fuits for what they had done at Newfoundland, in relation to this doubtful fort of occupation and pofTef- fion. But I do not find that thefe quef- K 2 tions ; '.•■■■•1^'" -■»"v . ill "';■ i • - 1 . ■v:,..viil t,i . \:. 132 HISTORY OF PART III. tions were rcfolved by the attorney-gene- From A. D. 1728, to Stat, any anfwer to them *. 15, Geo. 3. . points remained for examination in after- ral, or that the board prefled him for So that thefe tmies. (i':"$ ^. ■f M Mr. PalUfer carried into execution up- on the coaft of Labridor (which by pro- clamation, the 7th of Odober 1763, had been feparated from Canada, and annexed to the government of Newfoundland) that plan of a free fifliery, to be carried on by Ihips from Great Britain, which was pradifed at Newfoundland, and which he had Ihewn himfelf fo determin- ed to maintain upon its original principles. In order to accomplifh this he had contefl with exclufivc property. Several perfons claimed on that coaft a property in filhing- pofts and fettlements ; fome under grants from the French governors oi Canada; fome from General Murray* Thefe he broke in upon, and wiihal he treated the American fubjedts of Great Britain, vvho were con- cerned in fome of thefe fettlements, as excluded from this fifhery, by Stat, i o & 1 1 Will. 3. which flatute he held to apply 29th of March 1 766. Entries, H. 461. nioi vali potj 3i4 to NEWFOUIIDLAND. 133 to Labrador, now it was brought within partiii. the government of Newfoundland, and ;roin A. D. under the authority thereof he conteft-iya^' ''' ^"t- 15, Geo. 3. ed the private rights fct up on that coafi:. Togiv 'ffeftto thefe )ninci[)les, he made fome rules and regulations for carrying on the fiftiery in thofe parts. Thefe novelties caufed many complaints to be brought before the board of trade, which led to very long enquiry for three or four years, at different times. Upon thefe queftions, the board of trade took fome meafures; with regard to the Americans, they were of opinion that it was not the defign of the Stat. 10 & 1 1 Will. 3. to exclude from the fiihery Ihips fitted out from America. With re- gard to the other points which turned upon confiderations of property and legal topics, they referred to the attorney and follcitor general, fome cafes of grants from French governors. Upon view of thefe cafes, the law officers were of opi- nion, that thefe could not be allowed as valid in any judicial enquiry, and ought fiot to ftand in the way of any rules, or K 3 regulation? 1 . ■ ■.■:>-1 '. . ■:'f\ J 34 HISTORY OP ^! ■ 1.. PART III. regulations to be made in the government ^""^' of that coaft *. From A. D. 1728, to Stat* 15, Geo. 3. Some time after, it appeared to the board, that the forcing of thefe rules and regulations, in order to throw open the filhery there to adventurers from Great Britain, was not a wife policy. They were calculated only for a cod, or whale fifhery, whereas the Teal fifliery, which was moft purfued here, was B.fedentary fjbeyy, and needed the encouragement of exclufive property, to fupport the expence of the adventure. They therefore, on the 24th of June 1772, recommended to his ma- jefty that the coaft of Labradore ihould be re-annexed to the government of ^e- bee +. This would certainly put an end to the difquietude under which perfons laboured, who had private property there, which they faw expofed to the operation of Stat. 10 & II Will. 3. This, how- ever, does not feem to have been the reafon for the board recommending fuch meafure ; for being called upon to recon- fidcT their opinion as to the re annexing • Ent. H. 470. 500. t Ent. I. 220. Qf NEWFOUNDLAND. US of the coaft of Labradore to the govern- part hi. ment of ^^ebec \ they faid, that it waSp^^^ ^ not in confideration of the lofs 'which in- '718, to stat. dividuals would fuftain, if private pro- i perty was difturbcd, but they faid, when it appeared to them that a great part of that coaft was claimed as private property, under grants from the governors of Ca- nada ; and that his majelly was bound by ! treaty to admit thofc claims ; they thought \ he could not in juftice enforce regula- i tions that were fubverfive of thofe rights*. ; According to the principle here laid down, ! the ^tebec oH Stat. 14, Geo. 3, c. 83, an- j nexed to that government all fuch terri- 1 tories, iflands, and countries as had, fince i the loth February 1763, been part of the \ government of Newfoundland, and they were fo to continue during his majefty*? ; pleafurc ^, \ The laft meafure taken fefpedling New- \ foundland, during this period, was paf- ' fmg Stat. 15, Geo. 3, c. 31, commonly called in the ifland, Sir Hugh pallifer's stitistCto. aSl ; it being fuppofcd to have originated ^* from the advice and affiftance, princi^ ■ : V III ■-.■•i)i :4 ■.•A. r- ** Entries, I, pa. 249. + Sedl. i. K 4 pally >«' 136 HISTORY OP ^,- *... ^' I,; PART III. pally, of that {gentleman. The dcfign !! t M of this aft was to favour, and keep From A. D. ' '■ 1728, to sut. alive, the principle of a (hip-lifhcry car- 151 Ceo. 3. 7 11 I J r'wJi on from England : one or the re- gulations of it, was to enforce the pay- ment of wages, another to fccure the return of fcamen, and fi(herman to this country ; the provifions of it are all en- forced by a fpecial penalty, the want of which in Stat. 10 and 11 Will. 3. had been fo often lamented. The nature of the provifions of this adt, and the rigour with which it was eafy to enforce them, contributed to make this law very unpopular in the iiland ; and after all the alterations that had been made, without the aid of parliament, fince Stat. 10 & 1 1 Will. 3. none was fo ill re- ceived as this ; but, being an adt of the legiflature, it was fubmitted to with filent difcontent. When perfons concerned in this trade complain of the innovations made of late years in the trade of New- foundland, and exprefs a wifli to be put on the footing of Stat. 10 and ii Will. 3, they mean, that they wifh to be relieved from this adt of parlia- ment ; NEWFOUNDl^AND. '37 mcnt ; and they have, many of them, ^ part iit.^ no Ccruplc to fuy, t'uat fmcc Sir Hu^h i.-,um a. d. PaWfir's aa, it is with the grcatcll ;*J^^ ;;;/„;•«' (.liHicLiity that merchants ca i carry on the filhcry with prolit to thcmfclves. The regulations made by this adt were very important. Ii was now decUired, that the privilefrc of drying filh on the fliorcs of Newfoundland, Ihoiild be enjoy- ed only by his majelly's fubjeds arriving; at Newfoundland fiom Great Britain, or one of the Britilh dominions in Europe ; which fettled the (luclKon that had been raifcd in favour of the colonifls. This a<5t gave fevcral bounties for en- couraging induftry in the take of fi(h. It provided for fccuring the return of the feamen to Europe ; by empowcrinc^ the mailer to detain, out of their wa^cs, forty fhillings for paying their pali'ige home ; and obliging him to fee his men put on board pafl'^ge-veirels. It forbad matters to fuffer ftamen to take up more than half their wages in articles of lupply; and obliged them to pay the other half in calh, or goiKl bills on England or Ire- land. It gave to the feamen a lien on the ■A . -i- \s^.K £58 ^ISTpRY OF, &C. PART III. the fifli, and oil for their wages ; and, to fecure the execution of this adV, penal- Jrom A. D. -• ,J-1i: '"'''' ^'^ ^'^^- ties were annexed to the various provi- Xj, t/Ca. 3. * lions, and a jurifdidion given to the court of rc:Tion, and vi^c-admiralty to enforce thofc penalties. li \: ,'?■ PART ( '39 ) PART IV. r Import of live Slock fkc, — Reprefentation on a BHl brought in by the JVeftern Merchants — Three Acts pajfed — Complaints about Courts — Reviezv of the Courts at Newfoundland — Fijhing Admirals — Surrogates — The Go" vernor holds a Court-^Courts of Vice- Admiralty and SeJJions — The Governors ceafe to hold Courts — Court of Common Pleas injlituted — Complaints againjl it — Reprefentation — And A5i pajfcdfor a Court of Civil JurifdiBion, ' . \- "r.t. ■ : mi ■'.mim ■>■■ /*';r--. :'■ -"■' ■'■'•-','■■ D URING the lad five or fix years that partiv. the board of trade continued in ex- _ J,„ . From atat. 15^ iftence, there appears nothing of import- ^"'^ 3' »oa. ance upon the books refpediling this trade and fifliery. That board was abolifhcd in 1782. It was not till June 1784, that a committee of council was appointed by his majefty for matters of trade and plar^- tations. In 14.0 HISTORY OF m 'rVr :'* Oeo. 3, P. 1793. PART IV. In this interval, the war had deter- J , „ J„ mined, and the independence of the United s roin oiac. 15* ' *° ^' States of America had produced, a new pofition of affairs in that part of the world, by which Newfoundland was affed:eH; as well as the other parts of his majefty's territories in America. One of the firft qucftions that was occafioned by this revo- lution was, the fupply of provifions for S&c?''' Newoundland and the fifliery. Thefe had before the war, come in a t,reat meafure from the Colonies that were now feparat- ,ed ; and before the new fituation of things was quite underftood, this fupply, it was thought, might ftill be occafionally permit- ted, and, in a cafe of diftrefs, had adlually been reforted to. The weftern merchant took alarm at the appearance of an inter- courfe being allowed between the United States and their fifliery ; they prefented memorials to have a ilop put to it ; they alledged the place might be fupplied from Great Britain or Canada, The allegations on both (ides, of thofe who argued for a fupply, under certain limitations, from the United States, and of thofe who were wholly againfl this intercourfe, led to long examination of witneffes, and various con- fiderations of policy, before the lords of the NEWFdUNDLAND. 141 A. the committee *. This ended in the com- ^f^'^ ^^ inittce refolving, in January 1785, to re- From stat. ,5, commend to his majefty, that a permiffion d.^°' g' " Ihould be given to import bread, flour, and live flock, in Britifh bottoms, which fliips Ihould clear out from the king's do- minions in Europe, with a licence from the commiflioners of the cuftoms, which Ihould be in force for feven months. As this li- cence was to be for feven months, and the temporary aft for regulating the inter- courfe with the Unired States would expire in lefs time, it was fuggefted by the at- torney and folicitor general, whether it might not be better to pafs a fpccial adt for this purpofe -f-. The committee ac- cordingly recommended to his majefty, that a bill to that effcil: ihould be propofed- in parliament, but that it (hould be in force for that feafon only ];. Such an a6t was accordingly palfed ; namely, ftat. 26 Geo. 3. CI. The fame queftion was revived the following year ; when it was confidercd whether the aft (hould be renewed. Exa- minations in like manner were had ; in which the merchants declared, they were of the fame opinion as they had been lall ' '-if' "'IT ~ . ■■.■' -- r -"-^tliii -; mm • 1785, January 14, 17, 20, 24, z8. } 1785, January 29, ji. J ^1^S> ^^^' 5'^' year; 142 HISTORY O!* PART IV. year ; but that they had rather the bill of From Star. 15,^^^ y^^'' ^0"^^ ^e renewed, than the trade Geo. i, CO A. between Newfoundland and the United D. 1795, States fhould be laid intirely open* . The committee came to the refolution, that the aft fhould be renewed -j*. Rq>rerentat!on on a Bill brought in by the Weftern Merchants. In the mean time, the encouragement of the fifhery had come under the confidera* tion of the commictee — A bill nud been brought into the houfe of commons at the inftance of the weftern mere) ants; in this bill it was intended to make feveral alterations in the law of Newfoundland; the principal points of which were, to give the prefenl pofleflbrs a permanent in- tereft in their lands, and to repeal fome material icg'ilations of ftat. 15 Geo. 3. which the merchants had always diiliked* On 9th December 1 785, his majefty was pleafed to refer the matter of this bill to the committee for them to confider it, and to report their opinion thereon. This bill was read at the board on the 14th of January 1 7&6, and every provifion of it was Separately difcufled. The fubjedt of * 1785, Dec. 7,9, It, 15— 1736, Jan. 10. 11. + January 14, the ""9 NEWFOUNDLAKD. H3 the filhery was under confideration for part iv. feveral weeks *. At length the committee promsTht, ic made a report on the intended bill. This ^eo. 3." a. report contains their opinion upon mod of the points relating to Newfoundland, and is therefore well deferving of notice. It has been kid before the houfe of commons, and is now in print. The report was iin- favourable to the bill, which was accord- ingly laid afide -f^. However, another was introduced, and pafled into a law, and is ftat. 26 Geo. 3. c. 26. This adt conti- nued the bounties given by ftat. 15 Geo. 3. and contributed to render more complete the plan begun by that ftatute, for pre- venting the feamen and filhermen with- drawing themfelves from this country, cither by (laying at Newfoundland, or deferting to other places. km Ks,:^* 'J ': ^ :■- •:'« . In the year 1788, the Intercourfe between the United States and Newfoundland was again agitated ; and upon the ftrong reprt:- fentations of the ^tebec merchants, the com- mittee were of opinion for piopofinga bill to parliament, to prevent er.Jrely thcfupply of bread, fi^jr, and live ftock, from the • 1786, January iC, 17, 18, 25, 30— Feb. i. 3. 7,10, 14— March 11. t 1786, March 17. United ■>■-* ;-.'■': ' '.^^l^-rVt ?. - " 144 HISTORY OF PART IV. United States ; but, at the inflance of the! '"""^ weftern merchants, this intention was Geo, 3, to a! dropt *. The following year the mode of ^'^' occafional fuppiy was continued, at the defire of the weftern merchants, and fo it has gone on ever fince by authority of flat. 28 Geo. 3. c. 6. f. i3« v-r i:!in'''.;''-v Two afls pair- I" ^^'^^^ ^"^ ^^^ following feffions two afts ***• of parliament were pafled refpeding New- foundland. By ftat. 28 Geo. 3. c. 35. his majefty was enabled to make fomt regula- tions at Newfoundland, to prevent incon* veniencies that might arife from the com- petition of the Englifh and ♦^he French in the fifhery. • By ftat. 29 Geo. 3. c. 53. it is declared, that fifh, not caught by fubjedts of Great Britain going from the Britifh dominions in Europe, may not be landed or dried at Newfoundland. This laft adfe was occafioned by the people of Bermuda having engaged in the fiihery, and felling their fifli to thofe who had a clear right to dry and cure on the illand ; by this provi- fion the defign of ftat. 15 Geo. 3. c. 31. in confining the fifhery to fliips going from Europe, was fully fecured. m * 1 788, Feb. 9 — March 26 — April 5. A new •^'9 NEWFOUNDLAND. M5' A new fubjc'ft of complaint had grown part iv. up in Newfoundland — this was the hearing prom s^at i and determining oi' civil can fes. Among all Geo. 3, to a. the grievances, and the expedients for re- complaints J • 1 J • L CL c • about cjurts, medymg them, during the tratt or tmic we have gone through, there feems to have been no folicitude or attempt to provide a court of civil jurifdi^ion. While this place continued mevely a filhery, the caufes of aftoA between parties were hmple and of lefs magnitude ; but of late years the population had encreafed, and among the perfons refident there were dtalings of a mercantile nature to a great <. xtenr, ind of a fort to need a judicature, that 'vq,uld command more confidence than any of the old eftablilhments had been thought en- titled to. There arofe therefore, from time to tiu-^, difcontents upon this head^ and thefe led to meafures that ended in making an intire new eftablifliment of a court. To make this fubjcd mc intelli- gible, we Ihould lookback to the courts thaf: had hitherto been known at Newfound- land, the nature and jurifdidion of which were brought under confideration at this time. • , . ♦ ii'. •;.'■■■•■••.■•■. ,*.-ji M-^: ■f:'\ The firft regulation that looked at all Reviw of the CoumofNew- L like foundland. 146 HISTORY OF '-'iF^V-' PART IV. like a court, was the authority -given by From Star. 15, ft^t. lo and II Will. 3. c. 25. f. 15. to the D.'°79i/° ^ fifhing admirals, to hear and determine controverfies and differences between the maders of fiihing fhips, and the inhabi- tants, or any bye boat-keeper, concerning the right and property of fiihing rooms, ftages, flakes, or any other buildings or conven'ency for fifhing or curing fifh; and if either party thought himfelf aggrieved, he might appeal to the commander of any of the king's fliips belonging to the convoy. This was a civil judicature of a limited fort — the adventurers or merchants, it fliould feem, were not liable to it ; it was confined alio in its objed ; dehts ftill remained with- out any mode of recovery, as well as all other pcrfonal wrongs of a civil nature. laiJ iig AUmU Another jurifdi6lion was given to the fiihing admirals by this ad: byfedt.i4they were to fee the rules and orders contained in that ad concerning the regulation of the filhery duly put in execution ; and this was given them, as the ad expreffes it, to preferve peace and good government among the SEAMEN and fishermen, as 7vell in their refpeElive hiirhurs, as on thejhore. This was a fort of police inveftcd in them, which NEWFOUNDLAND. H7 fen by to the ermine en the inhabi- :erning rooms, ings or (h; and ;rieved, • of any ;onvoy. limited t Ihould :onfined jd with- ;11 as all iture. 1 to the .14 they )ntained ition of and this effes it, w/ among : well in ire. This n them, which which might be coniidered as partaking partiv. both of a civil and criminal authority. ' j '' From Stat. 151 But tl) is alfo, like the former, was limited cea j. to a. as to the perfons ; no authority was given that could be exercifcd over the merchants and adventurers, who fcem to be conii- dered by this adt as perfons who might have right done them ; but againft whom it was not neceffary to do any juftice whatfo- cver — for, by the rules and orders of this adt, the fiihing admirals would be obliged to fee they had iliips-room ; and their fea^ men and Bfliermen would be kept quiet and under controul ; but if thefe adven- turers had taken poffeffion of any Ji/hing r9omSyJlages,jiakeSy or other conveuiency for tbefifhery, the admirals had no jurifdidtion to call them to account, and to make re- ft itution to the right owner, their jurifdic* tion in that particular being confined to the fttqfters of fijhing Jhips, inhabitants, and bye boat-keepers. The merchants and adventurers being therefore fubjeded by this ad to no con- troul or authority whatfoever, when they begun to fettle, and to have mercantile dealings, to a great amount, they had no- L 2 own m I'M V .-l- i "■'."Mm II '■'if t-i'-S ii lis I I IT - ■■ ■•'v;f J:'' -■ ■• f' 148 HISTORY or PART IV. thing to do but to take the law into thcU* From Stat ^^^^^ hands ; and having pofTefled thcm- Gfo. 3, to a! felves of plantations or fi(h, or any thing elfe, in payment of debts, real or pretend- ed, there fwbfifted, under this aft, no power whatfoever to call them to account ; and it was, no doubt, for this reafon, that the merchants have fo conftantly adhered to the fupport of this adt, declaring that a free fiihery, conducted under the policy of this adt, was all they wanted, and com- plaining that every regulation made fince chat adt has invariably operated to injure the trade and fiihery. it was indeed the policy of this country (o fupport a free fiihery there, for Ihips going from hence, and to prevent fettlement. So far the views of the government and the intereft of the merchants concurred; but the ap- plication of this principle had the efTedt of leaving the ifland to the mercy of the ad- venturers, who found it their intereft at length even to promote fettlement to a certain degree ; contrary to their own de- clarations, and to the policy of flat. 10 Sc 1 1 Will. 3. ; for no part of which they feem to have had any value, but the feeble judicature and police it gave the ifland; in confcquence of which, they faw the whole • KEWFOUNDLAND. 1 149 wliole fiflicry abandoned to their fole will PART IV. .. .J and pleafure. Thefc obfervations upon the incom- From Stat. 15, Geo. 3, to A. D. 1793. plete form of this judicature and police. fugged themfelves upon the bare reading . of the ad: ; but the experience of the man- ner ill which it was executed, ftiewed all this in a more aggravated appearance. It has been too often repeated in the courfe of this hiftorical enquiry to need repetition here, that the admirals were the fervants of the merchants, inafmuchasthey wercthe mafters of fome of their fliipsj that in many cafes, therefore, juftice was not to be ex- pected from them ; that is, in cafes where their owners were concerned. In many others, where their owners or themfelves were not concerned, there was always a partiality towards the defcription and clafs of perfons with which they were connect- ed ; and a poor planter, or inhabitant, (who was coniidered as little better than a law-breaker in being iuch) had but fmall chance of juftice, in oppofition to any great weft-country merchant. This bias muft have been a ftrong impediment to the equal adminiftration of juftice in the hands of the fifhing admirals. Befides this L3 which t , j .- 'r • T1 •.'n^?l .■■-•f. >■■•;■ 1 ■•V •'■*!I3 - m ■■4 .?i 150 HISTORY OP 'VI-:. ■': 'A ■'■-'. /'f ■■«• ■ tl .•r; V vVH ■(.■.I rj PARTnr. which arofe from their employment and From Stat conDcdlon, therc was another difqualiHca- Geo. 3, to A, tion, that was to be correded by no inte- grity or fairnefswhatfocvcr. It fhould fcem, that perfons, educated as niafters of mer- chant Ihips, could not in general polTefs that difcrimination and difcernment, which was neceffary for determining right and pro- perty, even in fifhing ilages and flakes. Such being the judicature eftablifhed by the ftatute of King William, and fuch the hands in which it was lodged, we have found, that it was executed fully as ill as could from the nature of it be expeded. We find that the admirals were mod of their time out on the fidiery ; that, when in harbour, they were ftill employed about curing of their filh, and the other parts of their bufmefs ; that the commanders of the king's Ihips were obliged to fummon, en- join, and enforce them to hold courts ; that difcovering the fluggifhnefs of the admirals, they were under the neceflity of taking liberties not given by the {^atute ; tnat,being only a court of appeal, they were obliged to ereft themfelves into an origi- nal court. This they did by degrees, and \yith a fort of deference to the provifions of the '•VI NEWFOUNDLAND. »5» the ad of parliament. At firft they got ' PART IV. '5 ■;. to A. the admirals to fit with them ; and I have prom star fcen many judgments and proceedings ^oS**,*,-^ which the commander of fome of the king's (hips has firft fubfcribed his name, and the admirals have added theirs. It is not to be wondered, that the commanders of the king's fhips, with their fuperior endow- ments, ihould gradually obtain an afcen- dancy ; and having thus blended t iCiC appellatejurifdidion with the originn.1 one lodged in the admirals, (hould at length wholly difpenfe with their attendance of the fiihing admirals (who v/ould be glad enough to be excufed), and fo in timefviC* ceed to a complete original exercife of ju- dicial authority in the place of the ad- mirals. • '.■•! ••I ■'V-, So indeed it happened. But there were not wanting occadons, when the admirals awaked from their lethargy, and (hewed a fteadinefs in aflerting the dormant powers lodged in them by the ftatute. Thefe were when the adventurers and merchants perceived the gov. tv< nent at home were making any attempt to introduce a better fyftem of law {»nd order into Newfound- land. Accordingly, we have feen, that ij - L 4 upon m 15^ HISTORY OF PART III, upon the appointment of a civil governor ■\ y Frpm Stat, j i;, G«o. 3. 10 A, D. 1793. and jufticcs, in the year 1729, the admirals beftirred ihemfelves ; and, from the im- pulfe which the competition infpired for the moment, they actually took upon them all the authority they poU^efled under the ftatute. They even went further, and claimed a criminal as well as a civil judi- cature ; and proceeded to ifTue warrants, and do adts which belong to jullices of the peace. In thefe ufurpations they were lupported by the weftern merchants, whofe language it was to reprefent the provifions of flat, 10 and 11 Will. 3. as competent to the complete government of the iiland in all matters, both civil and criminal. But with all this fupport, fo limited a power, lodged in fuch feeble hands, could not fuftain the conteft ; and the admirals foon fell back into the inadivity, negle miniftration of jullice, in all the points there conferred on the admirals, was ex^ pedted from nobody but the commanders of NEWFOUNDLAND. 153 of the king's (hips, when they came to the part iv. illand in the fummer I'cafon, from sLt. ,5,' Geo. 3, to Af Although the hearing of certain matters, by way of appeal, was giv^n to the com- manders by the ftatnte, yet the hearing of them originally was not authorized. The pofleflion of the former gave a colour for alTuming the latter; and crude as this may feem, it was, perhaps, as well war- ranted as fome of the inftances of jurif- didion now exercifed, and from long ufage allowed to the firft courts in Weft minder-hall. When the captains were in pofleflion of this, they proceeded, as hap^ pens moftly in the exercife of power and authority ; they found in that place, as it is elfe where, that all judges have the quality which is invariably fuppofed to belong to the befl:, that of enlarging the fphere of their cognizance* : and we find very foon, that the captains of fliips took cognizance of debts contracted ; and held courts, in which they enquired of, heard, ?ind determined all poflible caufes of com- plaints; and. with no other lights than thofe furniflied by the ftatute of William, 111 '. - (?■;,■: *t ;.'.,■ j:''"' ■-■■i •" 1 1 .1' .r- I' I • £oni judicit tfi amfliare jurifdiUkncm, the -.'St I »54 HISTORY OF y. ;:-;r !• -:'>- V,-* PART IV. the inftrudions from the governor, and From Stat, ic, ^^^ fuggcftions of their own good fenfe ; ©."1701*° ^* P^y'^S always a due regard to the cufloms and ufages of the country. They did every thing, that the fifhing admirals might do, and every thing the admirals had at different times pretended to have a right to do. From their litutation, and the fupport they received from the gover- nor, they were enabled to maintain the jurifdiftion they had affunled. The go- vernor conferred on them the title of Sunrogatei. furrogateSy an idea taken from the admi- ralty-law; to which, and which alone the naval governors were in the habit of look- ing, and under which it had long been a no- tion, that the fi(hery, as an admiralty con- cern, ought to be regulated. A furro' gate is well known in Newfoundland, as legally deputed by the governor, to aft as his deputy. Under this charac- ter the authority of the governor was ex- crcifed very beneficially. The time of furrogating was looked forward to as a feafon when all wrongs were to be te- drefled againft all oppreflbrs ; and thii naval judicature was flown to by the poor inhabitants and planters, as the only re- fuge they had from the well country mer* chants, NEWFOUNDLAND. 155 chants, who were always their creditors, part iv. and were generally regarded as their op-prom s^t ic, preflbrs. S«°- 3. w a. *^ D. 1793. While the furrogates in the different parts of the idand were adminifleringjuf- tice in this manner, the governor had alfo his court at 5"/. Johns*; and, it is eafy to The governor 1 ,. 1 ^1 . 1 • 1 ^1 r holds a court. believe, that every thing which the lur- rogates permitted to themfelves, the go- vernor thought himfelf equally entitled to do and command. Every matter, civil, and criminal, ufed to be heard, and de- mined in open court before the governor. Where no fpecial diredtion was pointed out by law, a perfon in that fituation was to be commended for ftriking out fuch a courfe as the exigency of the (itu- tion, and the good of the place required. This defire of doing good fometimes car- ried the governors further than ftridt legal propriety conld warrant. They ufed to preiide in the feffions of jullices, al- though it was from their authority that the commilHoii of the juftices ilTued. It would be endlefs and unnecefTary to enter into the inftances of irregulari- ty that mull follow, when judicatures were .inflituted in fuch a place as this, by ••■:;' -ii ■ ■ i >. ' ■♦■*,■■ "I '';''W :''V : . iTr. (f L «J6 HISTORY OP i! '**£! M:] WW PART IV. by perfons who had nothing for their From Stat, ic gu^^e but the redbitude of their intentions, Geo. 3. to A. and a very honourable difpofition. D, 1793. •' * Courts of vice- admiralty and iieffioQ. In the year 1765, a cuftom-houfe being eftabliihed at St. JohtCs, a court of vice- admiralty, (the court of revenue in the plantations) was placed there. This court, in the abfence of the governor, during the winter, had entertained complaints in other matters than thofe peculiarly be- Jonging to it. In this it only fallowed the example of the court of fejfiom, where the juftices had allowed the hearing of matters of deht^ and other fubjedts of dif- ference of a civil nature. It was in cpn- fequence of this ufage, that the parlia- ment afterwards conferred on the court of of vice-admiralty, and the feflion, a jurif- di<5lion of a civil nature. By Stat. 15, Geo. 3, c. 32. they have authority to de- termine difputes concerning the wages of feamen and fiihermen, and the offences committed by their hirers and employers againft that adt. This jurifdiftion was taken from the court of vice- admiralty, by Stat. 26, Geo. 3, c. 26, owing to thp unfavourable impreflions that had iJEWFOUNDLASD. >5» i'' i-a been made refpefting the prafticc which par t m had prevailed in that cc jrt ^IZltTlt Although the parliament took away from the vice-admiralty court the au- thority vefled in it by law, it ftill continu- ed to exercife that which no law had conferred on it ; and both that court and the feffions were rclorted to in the ab* fence of the governor and furrogates, for the adminiftration of juftice in all civil cafes whatfoever. Juftice adminiftered under fuch circumftances could have but little of the authority and effect, which ihould attend upon the fentence of a court. There was no doubt in the minus of any, above the very loweft clafs, but the whole of this judicature was an ufur- pation : it was, therefore, more frequently employed as an engine of authority, to obtain that by a courfc of law, which could not, perhaps, be attained by open vio- lence, than as the means of protedling the weak againft the powerful. A merchant rather chofe to have the afTiftancc of the court of feffion or admiralty, to attach and feize the effcdts of his dc btor, than incur the odium of taking them with force. The appearance of a legal courfe was pre- ferable Geo. 3, to A. U. 1793. ' If '^■' ;; ral; f '^ ■■■■■•:., tfi-*.- .V.4 ■•.ifv' '58 HISTORY OF PART IV. lerable. But fliould a wealthy merchant From Stat. 15 l^^come defendant in one of thefe courts, «^;«o.3, to A. it was not fo fure that he would approve the fame legal courfe, or yield the fame obedience to a fentence. He, as well as the court knew, there was no legal au- thority to compel ; an their or- der. It the court happened lo have in it pfcsfons vvho acled with vigour, and had chiuader and influence fufficient to caufe its decrees to be duely executed ; it would, in fuch cal1^, be but bad profpedt for a merchaii^jto look for rediefs by an adion> to be brought in England againft a man who, perhaps, never might make a vifit there. Such confiderations might operate with the n-':rchants to obey thefe courts, even when they decided againft them. Befides, a merchant might think it for his advantage to yield, in one inftance, to a court, which in Co many others he found ufcful ; he being more frequently plaintiff than defendant. It was in this manner, by a fort of convention, upon views panly private, partly ir.( to D. NEWFOUNDLAND. i £^ partly public, with a defign fomctimcs part iv. felfilh, often generally beneficial, but T"^ ' ^ o ■' ' From Stat. ^St never without the concurrence and fup- Geo. 3. t port of the majority of thofe moft inte- refled, was a judicature gradually confer- ed on thcfe two courts, which with the governor, and the furrogates, poffefled all the judicature in the ifland, civil as well as criminal* * But a time was coming, when a judi- cature, that flood on fo weak a founda- tion, was to be Ihaken. Though the juf- lices, and the judge of the admiralty court might never come to England, the governor and his furrogates neceflarily did. In the time of governor Edwards, feme perfons, difcontented with a judge- ment made by him in court, at St, Johns', and carried into execution by the IherifT there, meant to redrefs themfelves by bringing an adtion againft the governor for a trefpafs in fo depriving them of their property. This was to have been tried at Exeter, but it was made up before the cafe was gone through to the jury. The governor got well quit of this buiincfs, and he proceeded, during the remainder '-' ■,■■1' '_[' ■ 'I'M ■■'■ -'M •' •' ■■ 'mi ■"^■-■.■■''if| i f\ i6o HISTORY OF ^n,^ ', -»■ feSiJ ImM- The goTernort ccafe to hold courts. PART iv.^ remainder of his time, to hear caufes Prom staMf, *»" pcrfon, without the ieaft doubt or S- "Vg'j/' ^* difficulty, as his predeceflbrs had be- fore done. But the minds of men were changed upon this fubjeft ; and his fuc- Ctffoi Admiral Campbell, 1782, was advif- ed not to take upon him to fit in court, as his predecelVors had done, nor to de- termine any caufes whatfoever. He fub- ftituted in the room of this, a mode which was certainly without exception j and which, in a country like that, could not fail of having a very ufcful, and very ex- tenfive effed. The petitions which ufed to be brought to the governor in great numbers, upon all forts of queftions and fubjcds, were dill received as before ; but inftead of holding a court, and making deciiions, which were to be enforced by the (heriff, he directed his fecretary to hear the complainant, and if neceffary, the party, agdnil whom the complaint was made, and thereupon to write at the bottom of the petition the governor's opi- nion, and give uich advice, as if followed, would have the effect of complete juf- tice. Advice and direftion given from fuch authority was moft ufually follow- ed. l^ NEWrOUNDLAiJD. i6i ed ; dnd ttie adminiflration of jnfiice was, part iv. ih a great degree, attained in this niodep^i^JTsuT^ of applicatioHj without any courfe of pro- ^*"' 3» «» a. ttCs, as in a regular and open court* However, in many cafes, tins method was not acceptable ; and many more per- fons began, aft^ef this time, to recur to the courts of feffion, and vice-admiralty ; and thefe two courts, as they were open all the winter, prefented a more ufeful, dnd certain cdurfe of redrefs, than the above mcJde of petition, Thefe two courts encreafed very much in bufincfs from the beginning of Admiral Cam^Ml's govern* ment. . . •V -. .f - '"'m But thefe two courts derived this accef- fion of bufiners from the neceffity of cir- cumftances merely ; their authority was ftill as feeble as before, and the exercife of it depended upon the like precarious cir- cumftances, for being carried into effeft. As the population of St. John*s encreafed, and as the light of later times, which fpreads every where, had reached that place, it becaiDe neceflary to have fome- thing more than opinion and fufferance to found a judicial authority upon. When M Admiral i $"•'■: ■I " ! :%..f ■ml l62 HUfORt OP If 4 i" , I:; •fit m ^r/^ ,iSt • ':■ .'/ "i ^' FART IV. ^ Admiral Mllbanke was to fet out to his g(i* V jro;n Stat, i c, vcmmcnt, if! the fummcr of 1789, he wa5 cw r to A. ftrongly advifed by his fectetaiy, Mr^ Court of com- Graham, (who had been fecretary to tlic "ut"/'"' '"^^*' three preceding governors) to get fomc- thing of a court eflabliihed, that might fland ort unqueftionable authority; and the governor's commiflion being fearchcd for this purpofe, it was found that he had full power to appoint judges, and in cafes necejfary, jujiices of oyer and terminer , 6ftv It was fuggefted to him, that judges, con- traded as the word there feemed to be with jujiices of oyer and terminer, ought to be coniidered as meaning fomething different from fuch judices ; and that being in a popular, untechnical fenfe, ufually appli- ed to thofe who prefide in the three courts in Weftminfter-hall, it had grown in the minds of unprofeflional men to fignify more efpecially judges in civil matters ; that it therefore feemed, the go- vernor, by thefe words, had authority to inftitute a court of civil jurifdidion ; and he was accoringly advifed to inftitute a court of common pleas to proceed by a jury in the manner of a court of common law in this kingdom. • ■' ■" This KEWFOUNDLAND. 163 This opinion upon the wording of ihc part iv. comminion, was iirccd not to be a drain-' f"^ ' " From Mat. ij ed ex .ition, to obtain tottcUm verbis^ an Geo. 3, to a. fliiihority which perhaps might not nave been intended to be given ; but to be a Jufticci ap- ncccfTary one, and fijch alone, as could be drawn from the words. But thofe who have read iht foregoing hiflory, of ihe firll granting to the governor the authority of appointing commiffioncrs of oyer and teriiMner,will be fatisfied,when hereadsthe faine words in rhe ftrft cominiflion grant- ed for that purpofe, that they were de- fi:»ned to convey nothing more than that fimplc authority. One may be a little furprifcd how a power of appointing com- miflioners of oyer and terminer fliould be penned fo as to ftand judges, and in cnfes necejfciry jujlicei of oyer and terminer* But it appears that in commiflioqs to Well India, and other governors, where it was meant to convey the power of appointing ftanding judges, as well as occafional^Vy- . tues, thefe words are to be found, placed in this manner; and in the way precedents are followed, thefe words were copied, where it was meant to appoint only juf- tices of oyer and tertnuier, and thofe oc- calionally. M 2 Th« f ■v. ^' 'Hi m \ .' 'j^ X% ■ I.' 164 HISTORY OP 1-f: . II w •?!i.'.^^' Complaint J againftit. PART IV. »i"j^jj governor's authority, whatever it Trom Stat. i<, Hiight be, was a(ftu '.Uy carried into cffcQ:, D^Tygj/** ' by anappointni' ' oi a court of common pleas, and judges, in the fummer 1789. This court of common pleas tranfadtcd bulinefs during the following winter ; but the wcftern merchants preferred very heavy complaints againd the proceedings of this court; what they alledge againll 1: may be feen ihortly dated i{\ the reprefentation afterwards made by thp cpa^mittee of trade, and now printed by order of the Houfc of Commons. Their great objec- tion, which they do not ftate, but which I will venture to do for them is this ; that they now faw a court eft^bliflied (as they h^Jiey^d; upon good authority, with whicjftjthey could not trifle, as they had been ufed to do with the feeble judica- tures before-mentioned ; thofe inefficient courts they preferred, becaufe they could make ufe of them when they needed their aflidance, and could intimidate the juf- ticcs, and obftrudl their proceedings, whenever they themfclvcs were to be the pbjefts of animadverfion. They had been in the habit of feeing this fpecies of weak- nefs and anarchy ever fince Newfound- land was frequented, from father to fon; • It NEWFOUNDLAND. 165 it was favourable to their old imprcflTions, part iv. that Newfoundland was theirs^ and thatp^l^JTsJluTT all the planters and inhabitants were toS"°-3»'<»^ be fpoiled and devoured at their plea- sure ; in fupport of this, they had op- pofed, AS we have feen, every attempt at introducing order and government in- to that place. It was in this fpirit, that they qucftioned the king's right to ap- point a civil governor, to appoint jufticcs of the peace, to appoint commiffioners of oyer and terminer; that they complained of the cuflomhoufc, and even talked of prefenting it as a nuiliince, becaufe erect- ed on Ihip'sroom; that they treated Stat. 15, Geo. 3, as dertruftive to the fiihery, becaufe it compels the payment of fervants* wages ; and that they brought forward a bill in 1785, in order to expofe the fervants once more to the will of their matters, as to the payment of their wages. Thefe clamours were backed with the popular reprefentation, that the fiihery ihould be free, and that a fiihery carried on from this country, as ;he weftern mer- chants carried it on, was the old and true policy for Newfoundland. But their claims to a free fiihery feem to be thefe ; namely. i''m t %■ '■' -''''ii 166 HISTORY Of •i v PART IV. namely, to be free of ajl infpedtion from From Stat, i govemmcnt; no jufticcs,no courts, no cuf- c«o. 3, to A. tom-houfc. This is what they mean, when they with all refirmnts to be taken off the fiftiery, fo as they may carry it on upon the footing of ftat, lo and ii Will, 3. <.k m.j: li The pretences urged by the merchants againll the court were feen through by his majefty*s fervants ; but it appearing to the law-officers, that the governor had not authority unJer the words of his com- miflion before obferved upon, to inftitute that, or any other court, for civil caufes ; and it appearing to the committee of coun- cil for trade, that a court of civil juri/di£iion ought to be eftablilhcd there, they recom- mended to his majefty to appoint or to authorife the governor, by proper words, to appoint one ; and this court, they re- commended, Ihould proceed in a fummary way. The opinion of the board on this matter will be better feen in the r^prefenta- tion they made to his majelly, which was laid before the houfe of commons, and bas been printed by tLeir order. m However, no court was th^n eftablilhcd ; and the court of common pleas, inftituteti by iifiWFtiuiJDtANf)* 167 by the governor, continued, during the part vk year 1 790, to proceed as before. The fub-^^^ ^ jedt was taken up by the committee of trade g«>- 3. to a, in the year 1791 ; and a bill was prefentedj^Jp^J^^^;,^.^^^ to parliament, under their direction, for inflituting a court of the fort they had re- commended in the reprefentation made in 1790. This bill paiTed into a law ; and being intended as an experiment of i jiev/ judicature, it was to endure for oneAnAftpaflM year only. The refult of that experiment civujud/gatioa was to propofe another bill in the feffions of 1792, for inflituting a court fomewhai: different from that of the preceding bill* This alfo was only for a year. It is now for the confideration of parlia- ment finally to determine what courts are to be eftabliihed in the iiland tor the ad-> miniflration of juflice in future. n hi ^i ■':-j::'..^-r jSprili'j^^, ■■■1 m %,^ ■\ /-vl ^ -•..• 1 1 ; > T I • _/ ff, n'i.-iiJi »V' ; *• *'';"/ ''y^ ) ">■■ :ur* » ^ - ^ 1 'i , ^ ^k't -^ri-f' i. ■ v.i . ■ ■ -■•■ .X ^,-.. -ill APPENDIX: . .,■!-, CONTAINING '.-•■■■■ - ill 1 ■V:;'v;;,v' The STATUTES relating to NEWFOUNDLAND. t'^'.' ■ (• I' t; Hi 111 C O NT E N T S. "i „ K •■'1 t. .^ifl ■ -^'M :! TAT. lo & n Giil. III. Cap. 25. p. i. S Stat. 15 Geo. III. Cap. 31. Stat. 26 Geo. III. Cap. 26. Stat. 28 Geo. III. Cap. 35. Stat. 29 G^o. III. Cap. s^, Stat. 31 G^o. III. Cap. 29. Stat. 32 G^i?. III. Cap. 46, XVI. •— liii. — Ixxxiv. — xci. — - xcix. — • civ. '<,■>*-■■■•.<'■ ■^ APPENDIX. APPENDIX. lo & II Gul III. Cap. 25; !■ 7r ■I',- An a£l to encourage the Trade to New- foundland. WHEREAS the trade of and fifhing p,.eambici at Newfoundland is a beneficial trade to this kingdom, not only in the im- ploying great numbers of feamen and ftiips, and exporting and confuming great quan- tities of provifions and manufadures of this realm, whereby many tradefmen and poor artificers are kept at work, but alio in bringing into this nation, by returns of the clfeds of the faid fifhery from other coun- tries, great quantities of wine, oil, plate, iron, wool, and fundry other ufeful com- modities, to the increafe of his Majefty's revenue, and the encouragement of trade and navigation ; be it enaded by the King*s mofl excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Comiuons, in this pre- l^-] fent ^\'f >^f^ - .IS t *« 11 APPENDIX. %y^;: 14.*' ' ! j t'^ '. ' ;■' fi > ■ ■ 'i ■'■ ■ t-y^ >.^,,,. |:- •• '■•• ■ Ijfv _■■;;■./■. s • ■f -t u $ i'A «■ 1 1 1 1 n f- ■:^ Kind's fiiU- jfCti to have li t ir.ule tu ieiit Parliament airtmblctl, and by the au- thority of the fame, That from henceforth it Ihall and may be kiwful for all his Ma- jc(ly*s fubjefts rcfiding within this his j^fu'juuuu'iaijj. YL-Am of Eng/and, or the dominions thcre- ' unto belonging, trading or that Ihall trade to Newfoundland, and the fcas, rivers, lakt':^, creeks, harbours in or about Nciu- foiind'and, or any of the iflands adjoining or adjacent thereunto, to have, ufe, and enjoy, the free trade and traffick, and art of merchandize and iiihery, to and from NcicfGundland^ and peaceably to have, ufe, and enjoy, the freedom of taking bait and fiihing in any of the rivers, lakes, creeks, harbours, or roads, in or about Nciifottnd- land^ and the faid feas, or any of the illands adjacenr thereunto, and liberty to go on fliore on 'M\-^-^z.x\.oi Newfoundland, or any of the faid iilands, for the curing, laiting^ drying, and hulbanding of their fifli, and for making of oil, and to cut down wood and trees there for building and making or re- pairing of flages, iliip-rooms, train-fats, hurdles, flilps, boats, and other necefl'aries for thcnifclves and their fervants, feamen, and lilherjuen, and all other things which may be ufeful or advantageous to their hfliing trade, as fully and freely as at any lime heretofore have been ufed or enjoyed there by any of the fubje^ts of his Ma- jefty's royal prcdeccirors, without any hin- drance, interruption, denial, or difturbance of or fr.";m any perlun or perfons whatfo- ever j and that no alien or Itranger whatfo- ever, APPENDIX. iii ever, fnot rcfidinc; within the kinp ie(i»- liitio;i to an; ] .ifffr-t'DTe. \ in 48 hoiiri atur (Icin-iiiJ, ' ■ , .■ ^jil ■;.'','; , "!! it.:',' il. ' "' 'i'W i'- ■ "" ''■ !(l f! •i. . Uf mm. mi IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 Hi IM ui m m ■ 40 12.2 iu mnt^ Warn .-IBS ^ IIIIIJi& Hiotogiaphic Sciences Corporation ^w V <> ^. 23 WIST MAIN STRIIT WUSTIR.N.Y. UStO (716) •73-4503 i\ ^;1 ^^J^ ^^«- APPENDIX. hereby impowered and required to admi- nifter the aforefaid oath to the faid mafters of ftiips and by-boats, and give a certificate thereof under his hand, without any fee, ^*^'5/'*^** gratuity, or reward for fo doing. IX gratu. lo. And be it further enacted by the Erery fifth authority aforefaid. That every mafter or JJ^ * S*^**"* owner of any fifhing fhip going to New- foundland (after the faid twenty-fifth day of March J, fliall have in his fhip*s company every fifth man a green-man (that is to fay) not a feaman, or having been ever at fea before. ii; And be it further enafted by the Marks of authority aforefaid. That no perfon or Joats or train- perions wnatloever Ihali at any time, aiter obliterated, the faid twenty-fifth day of March, obli- ''<^. without ^ •' J P confent of. terate, expunge, cut out, deface, or any owner, wife alter or change the mark or marks of any boat or boats, train-fat, or train-fats, belonging to any other perfon or perfons, whereby to defraud or prejudice the right owner or owners thereof, nor convert to his or their own ufe any boat or boats, train-fat or train-fats, belonging to any other perfon or perfons, without his or their confent and approbation, nor remove nor take away any fuch boat or train-fat from the place or places where they Ihall be left by the owner or owners thereof, except in cafe of neceflity, and alfo upon giving notice thereof to the admiral of the harbour or place where fuch boat or train- fat . ■■■}■ ' IK- •', » -:■ 5.;" r-i'm \ti '■ '■''I ^:'>m [■■■ ' ^k' III' APPENDIX. Standing trees nottobe rimt- ed, nor woods 6i'ed. NecelTary fuel excepted, etc. t. :i. Sayns not to be annoyed. jior nets, baits, etc. ftolen. fat fhall be left by the owner or owners, to the end that the right owners thereof may know , what is become of them, 12. And be it enaded by the authority aforefaid, That no perfon or perfons what- foever fliall, at any time after the faid twenty-fifth day of March^ rind any of the trees there flanding or growing upon any occafion whatfoever, nor fhall by any ways or means whatfoever let on fire any of the woods of the faid country, or do, or caufe to be done, any damage, detriment, or deflrudlion to the fame, for any ufe or ufes whatfoever, except only for neceffary fuel for the fhips and inhabitants, and for the building and neceffary repairs of houfes, fhips, boats, and train-fats, and of the ftages, cook-rooms, beeches, and other places, for taking bait and fi filing, and for drying, curing, and hufbanding fifh there ; and alfo that no perfon or perfons what- foever (hall, at any time after the faid twenty-fifth day of March, caft anchor, or do any other matter or thing, to the annoyance or hindring of the haling of fayns in the accuflomary baiting places, or ilioot his or their fayn or fayns within or upon the fayn or fayns of any other perfon or perfons whatfoever \ and alfo that no perfon or perfons whatfoever fhall, at any time after the faid twenty-fifth day of March, ileal, purloin, or take out of the net or nets of any other perfon or perfons whatfoever, lying adrift, or drover for bait ^ , by no APPENDIX. by night, nor fteal, purloin, of take away any bait out of any fifliing boat or boats, or any net or nets belonging to any other perfon or pcrfons. 1 3. And whereas feveral perfons that have been guilty of thefts, robberies, murders, and other felonies, upon the land in New' foundlandi and the iflands thereunto ad- jacent, have many times efcaped unpunifli- ed, becaufe the trial of Aich offenders hlth heretofore been ordered and adjudged in no other court of juftice, but before the Lord High Conftable ahd Earl Marlhal of England 'y for reformation thereof, and for the more fpeedy and effectual punifhment of fuch olFences for the time to come, be it enacted by tlie authority aforefaid, That all robberies, murders, and felonies, and all other capital crimes whatfoever, which, at any time or times after the faid twenty- fifth day of March, Ihall be dcine and committed in or upon the land in New- foundland, or in any of the Iflands there- unto belonging, Ihall and may be inquired of, tried, heard, determined, and adjudged in any fhire or county of this kingdom of England, by virtue of the King's com- miilion or commiflions of oyer and terminer^ and gaol delivery, or any of them, ac- cording to the laws of this land ufed for the punifhment of fuch robberies, murders,- felonies, and other capital crimes done and committed within this realm. XI Robberies, //r, in Nenufound' land may be tiied in any ounty in England^ by commiflion of oyer and ttr- mitur. • Tf < ■; -:m 14. And I m APPENDIX. Admirals in Ntnvfoundlnnd tofeetberulfj), tie. in this ai5l executed, lce\cp a jour- nal, tu. and ■ n 1 1 ^- :;i m "■ (.• < - '. '. ■> -vf*'- • .-1 t , '■\- ' • ^'i 1 < ■ -♦ 1 - •* • - •; ■';'■■ J'"' % 'i ; -!-■■," i ft ^>1' 1 ^ :,,'■•'' '}'^ * '» ., *'■'*■■* -_4ft^'.>li*f3 ^-• * , » i V' •7 , ^ .^.uvt . - -tf ■-^ll "..*J :'; I' '::m xvi APPENDIX. / A ■ :' ^ '■ YP m xvm APPENDIX. m^ upon thofe banks, confiding of not Uh than ten thoufand fifli by tale, fliall land th(i fame at one of the ports on the fouth- ern or eaftern fide of the illand of New- found/and, between Cape Ra^ and Cape de Graf, on or before the fifteenth day cff July in each year; and fhall make one more trip at leaft to the faid banks, and return with another cargo of fifli catched there to the fame port; in which cafe, the twenty>fiye veifels firft arriving at the faid ifland oi Newfoundland irom the banks thereof, with a cargo of fi(h catched there, confiding of ten thoufand fifli by tale at the leaft, and after landing the fame at one of the ports within the limits before mentioned in Newfound/and, fhall pro- ceed again to the faid banks, and return to the faid ifland with another cargo of fifli, fhall be intitled to forty pounds each ; and one hundred veflels which fliall fo arrive the next in order of time, on or before the faid fifteenth day of July in each year, at the faid ifland, with a like cargo, and fhall proceed again to the faid hanks, and return from thence in the manner herein-before mentioned, fhall be intitled to twenty pounds each; and one hundred other veflfels which fhall fo arrive the next in order of time, on or before th^ faid fifteenth day of ytdy in each year, at the faid ifland, with a like cargo, and fhall proceed again to the faid banks, and return from thence in the jnianner herein-before mentioned, fliall be .•' ' ■ : intitled APPENDIX; itititled to ten pounds each, upon thd mafter or owner of fuch veflers producing to the collector of his Majefty's cuftoms at the port in Great Britain from whence fuch veflel was cleared out a certificate, under the hand and feal of the governor of Newfoundland, that the mafter of fuch veffel had produced to him a certificate under the hands of the collector and comptroller of the cuftoms at the port from whence fuch veflel was cleared out) teftifying that fuch veffel was duly quali- fied to proceed on fuch fifliery, in pUr- fuance of the before-mentioned a61:, made in the tenth and eleventh years of King William the third ; and that it has been made appear to his fatisfaftion, by a cer- tificate under the hand and feal of the naval officer of the diftrid in Newfound^ landf where fuch fifti was landed, or v/here there is no naval officer, under the hand and feal of the commander of any of his Majefty's (hips ftationed there, or of fuch officer as the governor fhall approve, fpecifying the time of fuch veffel's arrival, in manner before diredted, that fuch veffel was intitled by the priority and lime of her arrival to one or other of the bounties therein mentioned, as the faft may be ; a.nd that the mafter and mate ot fuch veffel had made oath before fuch naval or other officer as aforefaid, that the number of fifli taken on the firft trip amounted to ten thoufand at leaft by tale, that he had made two trips at leaft, [ B 2 ] and 1 Pill ymm . ■i!*4- i">l ^m xlx Certificates to be produced •^•^Tii to the Collec- '■^'■m tor of cultomt •^•■";i?ii from the go« • ■ , .• 'Si* vernor ot I 4 ' , , m NeivfhurtJl mJf ■•■■-■ * ".'"-^ of tlie qunli- fication of Ihips, !SC. ' ' ■ .:'. -'i' ■■"■•• V" Mafl'Crs and m.itcs to make 04th« ■• ), :''t V't' ""■•'ifl XX A P P K N £) I X. r «■.«•• I w ah'l 031 hs to be gianteil and adminU- tered with- out fee. Collcflors of culloms to pay the buun- tiCo. and that all the fifh on both trips vfete catchcd on the banks oi Newfoundland i which certificate and oath the faid gover- nor and naval or other officer as aforefaid are hereby impowered and required to grant and adminider to the mafter and mate of fuch velfel without fee or reward ; and upon delivering up the faid certificate to fuch colledor, the refpedive bounties therein mentioned (hall be paid by fuch colledlor out of any money remaining in his hands arifmg by the duties of cuftoms or other fubfidies upon foreign goods im- ported into this kingdom ', ^nd in cafe fuch coUedor fhall not have fufficient money in his hands to pay the faid boun- ties, he fhall certify the fame to the com- miflioners of his Majefty's cuftoms in Eng- hind or Scotland refpedively, who are Iiereby authorifed and required to order the fame to be paid by the receiver general of the cuftoms, out of any money in his hands arifmg by any of the duties and revenues under their management refpec- tively. . 't^-.,,rr- .'■ -n -i- :.:/^' ^: - ,yr: ^.w, -fi t'V J\nv part of liiixujounJ'^nd-. iiot in life II ay I lie uled for ctifing and 2. And be it further enaded by the [authority aforefaid, That for the better ac- commodation of the perfons belonging to vcfiels employed in the Neivfoundland fifh- ery, it fliall and may be lawful for the mafters and crews belonging to any veflels fitted out and employed in that fifhery in purfuance of this or any other ad, to oc- cupy and ufe, for the purpofe of curing, lalting^ APPENDIX. X3L1 fatting, drying, and hufbanding their fiflir\ any vacant or voh^ bace whatever on any part of Newfoundi . i which is not then occupied and ufed ior the faid fishery, with- out any let, difturbance, or hinderance, from any perfon or perfons whatfoever, al- though fuch unoccupied places may not before have been reputed (hips rooms j and all fuch unoccupied places fliall froAi hence- forth be deemed and taken to be fliips rooms, any cuftom or ufage to the con- trary notwithflanding. . . • 3. And in order to induce his Majefty's. wiut ix>un- fubjeds in Great Britain and Ire/and, ties are to he and the iflands of Gtternfey, yerfey^ and fitted out fol- Man^ to carry on the whale fifliery oni the t'"^ «'«aie coafts of N£'wfoundland^ and the feas adja- ^^^' cent, be it further ena^ed by the authority aforefiiid, 'J'hat the feveral bounties here- after mentioned flialj be allowed annually, for eleven years, for five veflels employed in that flfliery, under the limitations and reflridions herein-after exprefled ; that is to fay, fuch veHels fliall appear by their re- gifler to be Britijh built, and owned by his JVIajefty's fubjefts refiding in Great Britain^ Ireland, or the iflands of Guernfey, y^^fiy^ \ or Man, and navigated with three fourths of his Majefl:y's fubjeds of Great Britain^ Ireland, or the iflands of Guernfey, yerjey, \ or Man, befides the mafter, and fliall be fitted and cleared out from fome port in Great Britain or Ireland, or the iflands of Cufrnfey, Jerfey, or Man, after the firft [B3] day 1..1 A" - . : . ■ "s: ^^\ \ Jits f.tf 1-1 xxli APPENDIX. outlij etc. 4ay of January one thoufand feven hun- dred and feventy-fix, and after that day in each fucceeding year, and fhall take and kill one whale at lead in the Guiph of Saint Lawrence, or on the coafts of Labrador, Newfoundland, or in any feas to the fouth- ward of the Greenland feas and Davis*s Streights, and fhall return within the fame year to feme port in England with the oil of fuch whale or whales fo taken as afore- Mnft-rs and faid ; and on the mafter and mate of fuch mate, miking vcffel, and two of the mariners belonging to her, making oath before the colledor and comptroller of the cuftoms at the port of her arrival (which oath they are hereby authorifed and required to adminiiler^, that fuch oil is the produce of one or more whale or whales taken and killed by the crew then belonging to fuch veflTel, men- tioning the time when fhe departed from Great Britain, Ireland, or the iflands of Guernfey, ferfey, or Man, and from what port, and the time and place where fuch whale or whjiles was or were taken and killed, fuch oil may be landed without payment of any duty whatfoeyer ; and the colleftor and comptroller of luch port fliall thereupon forthwith tranfmit fuch oath to the commifnoners of his Majefly's cuftoms at London, any four or more of whom are hereby ^uthprife^ and required Xo order the receiver general of his Ma- jefty*s cuftoms to pay, out of any money in his hands arifmg by any duties under ^heir management, for the ye0el yrhich fliaU APPENDIX. fo arrive in each year with the greateil quantity of oil taken as aforefaid, five hundred pounds ; for the velTel which fhall in like manner arrive in the fame year with the next greateil quantity of oil fo taken as aforefaid, four hundred pounds j for the veflel which fliall in like manner arrive in the fame year with the next greateil quan- tity of oil fo taken as aforefaid, three h — dred pounds ; for the veflel which like manner arrive in the fame yea^ the next greatefl: quantity of oil lis aforefaid, two hundred poun for the veflel which fliall fo arrive in the fame year with the next greatefl: quantity of oil lb taken as aforefaid, one hundred pounds ; the faid oil fo to be imported by each of the faid veflels being the produce of one whale at the lead ; which faid feveral neraTo/im and refpe^live bounties fliall be paid by M 'jetty's cuf- fuch receiver general, within two mouths Ih^'^ouJues. after the expiration of each year in which fuch veffel fhall arrive, to the owner or owners of fuch veflels fo intitled thereto, or their afligas duly authorifed to demand the fame. 4. And in order to obviate any doubts Wl^.at perfona that have arifen, or may arife, to whom *Je '"i^vifege* the privilege or right of drying fifli oh the of diying fi(H fjiores of NeiL'foundiand does or fliall bp- J? s^'i^j^X long, under the before mentioned a6l, land, made in the tenth and eleventh year of the reign of King William the third, which fignt or privilege has hitherto only been [B 4] enjoyed .•'■■'ti ■^ v-?*l i" ■ '/ *e1 • •♦ ;! .->' :,Pk xxui V ■• ^i - • / « ■ I; »■ m es' '• '' '' ■\-Mt Wm >ho'i 9CX1V \x Si I Vi.-. • 1^# 'i^ Provifions, and all rieceC fiini's foi- H(h- ing may be ex- ported from Ireland and the Iflg of Man t to Newfound' ^in.I, b'titg Britijh or /ri/r^ prod 11 (lit or nianufadure. APPENDIX. enjoyed by his Majefty's fubjefl:s of Great Britain^ and the other Britijh dominions in Europe ; be it enacted and declared by the authority aforefaid, That the faid right and privilege fhall not be held and enjoyed by any of his Majefty's fubjeds arriving at Neivfoundland from any other country ex- cept from Great Britain, or one of the Britijh dominions in Europe, 5. And it is hereby further enabled by the authority aforefaid, That it fliall and may be lawful for any of his Majefty's fubjedts refiding in Ireland to fhip and lade there, and to tranfport diredly from thence to Newfoundland, or to any part of America where the fifliery is now or fhall hereafter be carried on, on board any fhip or veflel which may lawfully trade or fifh there, anv provifions, and alfo any hooks, lines, netting, or other tools or implements ne- ceffary for and ufed in the fifhery by the crews of the fhips or veffels carrying out the fame, and the craft belonging to and employed by fuch fliips or yeifels in the faid fi/hery, fuch provifions, hooks, lines, netting, or other tools or implements, be- ing the produft and manufafture of Great Britain or Ireland, and that it fhall and may be lawful for any of his Majefly's fub- je£ts refiding in the IJle of Man, in like manner to export diredly from thence any of the articles herein-before mentioned for the purpofe aforefaid, fuch articles being the product or manufadure of Great Bri- tain^ iaitu APPENDIX. ialn^ or the faid IJJe of Matty any law, cuftom, or ufage, to the contrary notwith- ftanding. , 6. Provided always, and it is hereby further enaded by the authority aforefaid. That the mafter or other perfon taking charge of fuch fhip or veffel fhall pro- duce to the proper officer of the cuftoms in the colony or plantation where he fhall arrive a certificate, under the hand and feal of the colleftor or other principal officer of the cudoms in the port where he (hall have fitted out, that oath hath been made before him by the fliipper of fuch provifions, hooks, lines, netting, or other tools and implements, that the fame are of the produft and manufacture of Great BrU tain or Ireland, or the J/U of Man refpec- tively, as the fa£t may be, and that the feveral articles before mentioned, (except the provifions), fpecifying the quantities and particulars of each fort, are to be ufed in the fifhery by the crews of the refpeftive . ihip or veffel carrying out the fame, and by the craft belonging to and to be employed by fuch fhip or veffel in the faid fifhery, < and for no other ufe or purpofe whatfo- 6ver, (which oath and certificate fuch col- leftor or other officer is hereby authorifed and required to adminifler and grant with- out fee or reward) ; and on failure of pro- ducing fuch certificate, or if any fuch ' hooks, lines, netting, tools and imple- pients, are ufed or difpofed of for any other purpofe. XXV Mailers of vef- fels to produce certificates from the cffi- cerofcuftoms» that the pro- vifions^&f.are the product, &c. of Grtet Britain or Jre- load. On failuret &c. the (hip to be forfeited. ■■ ■ ■ «t'. I « m ''■■m im M ':.?■' I n " l>(f\ 'Ji XXVI APPENDIX. n. No fifhing ' Aiips, or any craft carrying neceflltries lor the tidieiy, to be liable to any relbaint as to time of working. nor to make any entry at the ctiltom* home, &c. purpofe, the fame, and the fhip or veffel having the fame on board, (hall be liable to be feized and forfeited m the fame man- ner as they would have been fubjeft and liable if this a£l had not been made, any thing herein contained to the contrary not« withllanding. 7. And it is hereby further enaded by the authority aforefaid. That, from and after the firft day of January one thoufand feven hundred and feventy-fix, all veifels fitted and cleared out as fiihing fhips in purfu- ance of this aft, or of the before-mentioned aft, made in the tenth and eleventh years of the reign of the late King TVii/iam the third, and which fhall be aftually employed in the fifliery there, or ai>y boat or craft whatfoever employed in carrying coaftwifc, to be landed or put on board any Ihips or veffels, any fifli, oil, fait provifions, or other- necefiaries, for the ufe and purpofe of tha|t fifhery, fhall not be liable to any reftraint or regulation with refpcft to days or hours of working, nor to make any entry at the cuftomhoule at Newfoundland, except a re-t port to be made by the mafter on his firfl arrival there, and at his clearing out from thence ; and that a fee not exceeding two (hillings and fixpence (hall and may be taken f by the officers of the cuftoms at Newfound^ land for each fuch report ; and that no other fee (hall be taken or demanded by ^ny officer of the cuftonis there, upon any v xsvu I^ (hips have on board any otiier goods than mhoroil* &r. they (hall be tinder the ufual reilric- tions, &c. APPENDIX. other , tence whatfoever, relative to the faid fifhery, any law, cuftom, or ufage, to the contrary notwithftaiiding. 8. Provided always, and be it enaded. That in cafe any fuch fifbing ihip or veflel fhali at her lad clearing out from the faid ifland of Newfoundland have on board, or export any goods or merchandife whatfo- ever, except fifh, or oil made of fifh, fuch ihip or veiiel, and the goods thereon laden, ihall be fubje£t and liable to the fame fe- Curities, redridions, and regulations, in all refpeds, as they would have been fub- jed and liable to if this ad had not been made, any thing herein-before contained to the contrary notwithAanding. 9. And whereas by an ad, made in the AftasCrtr.ir. twenty-fifth year of the reien of King ';'"°*JL"s f =*'" Charles the fecond, (mtituled. An acl for imported the encouragement of the Greenland and d".i ^fl •K* (.:. IN > II. Provided always, That nothing in Nottoevtend this aft Ihall extend, or be conllrued ^nTex^pt to extend, to give liberty of importing tho(e imported any fuch feal (kins duty-free, unlefs hy (hips q^^ii- the captain or perfon havmg the charge or laij, command of fuch fhip or veflfel importing the fame (hall make oath before the col- leftor or other principal officer of the cuf- toms at the port of importation, (who is hereby authorifed and required to adminif- ter fuch oathj, that all the (kins imported in fuch (hip or veflfel were really and bo?jii fide the (kins of feals taken and caught by the crews thereof, or by perfons employed by the mailer or owner of fuch (hip or vef- fel, or of fome other (liip or veflfel qualified as aforefaid; and fuch feal (kins (hall be alfo a"J duly en^ duly entered at the cullomhoufe for the culiomhouit, faid port, and landed in the prefence of the csfr. proper officer or officers of the cudoms ap- pointed for that purpofe ; and on failure of any of thefe conditions, fuch (kins (hall be liable to pay the fame duties as they would have been fubjeft and liable to if this aft had not been made, any thing ' herein \ •.■:rH •I \ XXX ^ m- ,«■« '. i' i< I.' / ' ' No (hipmaner to carry any fiihermen, ifc. a* pallirngers to any part cf the continent of Amtrica without per* under the pe- nalty of 200/. Regulations for perlotis employing APPENDIX. herein contained to the contrary not<« v^ithilanding. 12. And whereas it has been a prac« tice of late years for divers perA^ns to fe- duce the fi(hermen> failors, artificers, and others employed in carrying on the hfhery, arriving at itewfound/arui, on board filhing and other vefTels from Great Britain^ and the Britijh dominions in Europe y to go from thence to the continent of America^ to the great detriment of the fifhery, and the naval force of this kingdom : Now, in order to remedy the faid evil, and to fe- cure the return of the faid Rfliermen, failors^ artificers, and others, employed as aforefaid, to the Britijh dominions in Eu- rope, be it further enafted by the authority aforefaid, That, from and after the firft day of January one thoufand feven hundred and feventy-fix, it (hall not be lawful for the mafter, or perfon having the charge or command of any ihip or veflel trading to or from any place within the government oi Newfoundland^ to carry pr convey, as paffengers, any fuch fifhermen^ failors, artificers, and others, employied as afore- faid, from thence to any part of the con- tinent of America, without tlfie permiffion under the hand and feal of the governor of the faid ifland of Newfoundland, uncler the penalty of forfeit! "3 two hundred omiiids for every fuch offence. '>•■' i 1 3. And whereas in feveral a£b, paiTed in the eleventh and twelfth years oi William the /(.; APPENDIX. Xxxi the third, the eighth of George the firft, ff^T*J^J'",t and fecond and tweUJth ot George the fe« HevjjouudUwJ, c .d, provifion has been made to prevent fe.'\men and manners in the nitrchant icr* vice being wilfully left be ond k\\, nd to fecure and provide for their return home to fuch part of his Majcity's dominions whereto they belong : and whereas, for want of fuch provifions being extended to feanu'iv and fifhermen going out as paf- iti),^ "s 'n 'Newfoundland^ and hired and enij)Ioyvd in the fiflieries carried on there, ^ At numbers of them remain in that country at the end of every fiihing feafon, who would otherwife return home, and Tome of them hiive frequently turned rob- bers and pirates ; for remedy of which evil, be it enabled by the authority aforefaid. That no perfon or perfons whatioever ihall, from and after the firft day of 'January one thoufand feven hundred and feventy-fix^ employ, or caufe to be employed at JVtrcc- foundlandy for the purpofe of carrying on the fiflicry there, any feamap or fiinerman jgoing as paffenp^er^. or ajQjt feamaii or (jfher' man hired th erg, without firft entering into an agreement or contract in writing with every fuch feaman or fiiherman. declaring what wages fuch feaman or fifherman is to have, and the time for which he (hall ferve, which (hall be figned by both parties; wherein it (hall be flipulated (amongit other things) that the perfon fo hiring or cm* ploying (hall be at liberty to referve, retain, and dedu^, and he is hereby authorifed, required, ■'I 'n\ ' 1 1" 1 •11 1 i .1 ■;.;^ 1 ■ xxxii APPENDIX. k?>^-: V Employers to pay to fiftiei - Aen, Gff. only half of their wages,and the other half in bills, etc. at their return ftoaie. required, and dire£ked to referve, retain^, and dedud, out of the wages of every perfon fo hired or employed, a funi of money equal to the then current price of a man's paflage home, not exceeding forty ihiilings for each man, which money £uch hirer or employer fhall, at the end of each fiihing feafon, or at the expiration of the covenanted time, of fervice of fuch feaman or fifherman, pay, or caufe to be paid, to the mailer of a pafTage or other fhip, who ihall undertake or agree t ojcatxyJuck-Xea^t .- man or "ffiherman home' to the country whereto he belongs, and fhall alfo convey fuch feaman or fifherman to and on board fuch paffage or other fhip, taking the mafter's receipt for the paflage mo» ney, which receipt he fhall immediately thereupon deliver to fuch feaman or fifherman. 14. And be It further ena£led by the authority aforefaid. That no hirer or em- ployer of any fuch feaman or fifherman fhall pay or advance, or caufe to be paid or advanced, to fuch feaman or fifherman, in money, liquor, and goods, or either of them, during the time he fhall be in his fervice, more than one half of the wages which fhall at any time be due to him; but fuch hirer or employer fhall,^ and is hereby required and dire^ed, immediately at or upon the expiration of every fuch man's covenanted time or fervice to pay either in money, qx in good bills of exchange, pay- 8 able APPENDIX. XXXIU able either in Great Britain or Ireland^ or in the country to which fuch feaman or ii(herman belongs, the full balance of his wages, except the money herein-before di- refted to be retained for his palfage home; and it fhall not be lawful for any fuch hirer or employer to turn away or dif- charge any fuch feaman or fiflierman, ex- cept for wilful neglcft of duty, or other fufficient caufe, before the expiration of his covenanted time of fervice ; and in cafe Penalty on the hirer or employer of any fuch feaman '^I'/.jJJfg'tV^'^ or fiflierman fhall refufe or negledt to com- comply. ply with any of the terms herein-before mentioned, or fhall otherwlfe offend againft this ad, every fuch perfon fo offending (hall forfeit and pay, for every fuch offence, befides the balance that fliali be due to fuch feaman or hfherman, the money here- in-before directed to be retained for his paffage home, the fum of ten pounds, to the ufe of fuch perfon or pcrfons who fhall inform or fue for the fame. ' ''I - 1 •; 1 •f s\ "^ \\ "1 ■ '. 15. And be it further enaded by the ifanydifpute authority aforefaid, That in all cafes where ""fe. *"»p»oy- diiputes Ihall ariie concernmg the wages ot produce the any fuch feaman or fifherman, the hirer or 'o^'radt. employer fhall be obliged to produce the contradt or agreement in writing, herein- before directed to be entered into with every fuch feaman or fifherman. 16. And be it furiher enafted by the ah fiib and authority aforefaid. That all the fifh and ^il ''=*^'^ »« ' ^ ^ ^ .. rhe payii ent [C] oil of wages. M :cxxiv APPENDIX. ;'•»>' ^ W ^■■'^' oil which Ihall be taken and made by the perfon or perfons who (hall hire or employ fuch feaman or filherman fhall be fubjedt and liable, in the firft place, to the pay- ment of the wages of every fuch feaman or iifherman. Penalty on 1 7. And be it further enabled by the feamfii or authority aforefaid. That in cafe any fuch fifliernien ab- ^ m n n • • m fentiiig riiein- feaman or nlherman mail at any time wil- theremTo ^"^^^ abfent himfelf from his duty or em- ers without ploy* without the leave and confent of his leave. hirer or employer, or fhall wilfully neglect or refufe to work according to the true intent and meaning of fuch contrafl or agreement, he fhall, for every day he fhall fo abfent himfelf, or negleft or refufe to work as aforefaid, forfeit two days pay to fuch hirer or employer ; and if any fuch feaman or fifherman fhall wilfully abfent himfelf from his faid duty or employ for the fpace of five days, without fuch leave as aforefaid, he fhall be deemed a deferter, and fhall forfeit to fuch hirer or employer all fuch wages as fhall at the time of fuch defertion be due to him, (except fo much as is herein-before direfted to be referved and retained for the purpofe of paying his paffage home) ; and it fhall and may be lawful to and for the governor of New- foundland, or his furrogates, or the com- milTary of the vice admiralty court for the time being, or for any juftice of the peace in Newfoundland, to iffue his or their war- rant or warrants to apprehend every fuch 5 deferter, APPENDIX. XXXV: defcrtcr, and on the oath of one or more credible witnefs or witneflfes to commit him to prifon, there to remain until the next court of feffion which Ihall be holder, in purfuance of the commilTion of the laid governor for the time being ; iind if found guihy of the faid offence at fuch feflion, it Ihail and may be lawful to and for the faid court of feflion, to order fuch deferter to be publickly whipped as a vagrant, and afterwards to be put on board a paifage fliip, in order to his being conveyed back to the country whereto he belongs. 1 8. -And be it further enadcd by the Difputee, and authority aforefaid. That all difputes which J^' be^XSrl fliall arife concerning the wages of every mined by tlie or any fuch feaman or filherman, and all f," „"<'?<: a' offences which fhall be committed by every Ne^jimdhnJ. hirer or employer of fuch feaman or fifher- man, againfl this ad, ihall and may be en- quired into, heard, and determined, and the penalties and forfeitures thereby in- curred ihall and may be recovered in the court of feffion herein-before mentioned, or in the court of vice admiralty having jurifdidion in the faid iiland of Nezufowid- land, . . '".■»i''.''!l!'ll K Hi m 1 * , ' .*:' * *■ -1 •f ^ , 19. And whereas by an ad of parlia- Aa 6 An>i P E N D I X. •'V'' .^•v.i? m^' L aftcd, That no mariner or other perfon who fliall ferve on board, or be retained to ferve on board any privateer, or trading fhip or veflel, that fhall be employed in any part of Atnerica^ nor any mariner or other perfon being on fliore in any part thereof, fliall be liable to be impreffed or taken away by any officer or officers of or belonging to any of her Majefty's fhips of war, impowered by the lord high ad- miral, or any other perfon whatfoever, un- lefs fuch mariner fliall have before defer ted from fuch fliip of war : and whereas the faid privilege or exemption fo given by the faid aft to mariners ferving on board ftiips or vsflels employed in any of the feas or ports of the continent of America^ or re- iiding on fliore there, is prejudicial to the fiflieries carried on by his Majefty's fub- je£ts of Great Britain and Ireland^ and others his Majefly's dominions in Europe^ and has proved an encouragement to ma- riners belonging thereto to defert in time of war, or at the appearance of a war, to the Britijh plantations on the faid conti- nent of America ; be it therefore enacted by the authority aforefaid. That the faid claufe, fo far as it relates to the exempting of mariners or other perfons ferving, or retained to ferve, in any fliip or veffel in the feas or ports of the continent of Ame' rica, or other perfons on fliore there, from being impreffed, be and the fame is hereby repealed. 20. And ::■-'!' APPENDIX. xxxvIL 4o. And whereas the immoderate ufe of rum and other fpirits, imported into Newfoundland from his Majefty*s colonies and plantation^ in America has been found to be highly detrimental to the fifheries carried on there, and it is therefore pro- per to endeavour to diminiih the con- iumption thereof; be it enaded by the authority aforefaid, That, from and after the firft day of 'January one thoufand feven hundred and feventy-fix, there fhall be paid in to his Majefly, his heirs and fucceflbrs, for every gallon of rum, or other fpirits, which fhall be brought or imported into the ifland of Newfoundland from any Britijh colony or plantation on the continent of America^ the fum of one (hilling fterling money of Great Britain ; and the fame fhall be colleded, recovered, and paid, to the amount of the value of which fuch nominal fum bears in Great Britain, and may be received and taken according to the proportion and value of five (hillings and fixpence the ounce in filver ; and the faid duty hereby granted (hall be raifed, levied, collected, paid, and recovered, in the fame manner and form, and by fuch rules, ways, and means, and under fuch penalties and forfeitures, except in fuch cafes where any alteration is made by this a£t, as any other dutiet payable to his Majefty upon goods im* ported into any Britijh colony or planta- tion in America are raifed, levied, col- lected, paid, and recovered, by ^ny ad or [C3] afts Rum, *fr. iuiptirred into f Oil AmeriCOt to i>av a duty bou>jties |3y ^^ a^ of parliament made in the ele- A?!* I iGfr^iii. venth year of the reign of his prefent Ma- txreiK'ed ro jefty, intituled. An a£l for the better fup* fort and eJiabliJJjment of the Greenland and lubale Jijheries, have been found of great advantage to the navigation, trade, and manufactures of this kingdom ; and it is iuli and expedient that the like bounties which are granted by that a£t to Ihips fitted out from Great Britain, or any of his Majefty's dominions in America, for thole filheries, fliould, in like manner, be granted to fhips fitted out for that purpofe from the kingdom of Ireland ; be it there- fore enaded by the authority aforefaid. That, from nnd after the twenty-fifth day of Desetuber IriUmi. f.-:^^! APPENDIX. xxxix are It IS December one thoufand feven hundred and feventy-five, the refpedlive bounties here- in-after mentioned fhall be allowed for every ihip or veffel -Sr/V^-built, rjid owned by his Majefty's fubjeds of Ireland, and whereof the captain or mailer and at leaft one-third of the mariners are his Ma- jefty's fubjeds of Great Britain or Ireland, which lliail proceed from any port in the faid kingdom of Ireland, within the time limited by this a£t on the whale fifliery to thp. Greenland feas, and Davis*s Streights, and the adjacent feas, under the feveral rules and reftriftions, herein-after cxpref- fed ; that is to fay, every fuch Ihip or Officers to veffel, before fhe proceeds on fuch voyage, Jj^JJ^, J,.''*^' fhall be vifited by the proper officer or of- properly fitted licers of the cuftoms belonging to fuch port, ^j"J' proceed who (hall examine into fuch Ihip or veffel, on theii and take an account of the tonnage thereof *'oy»s«« by admeafurement, and fhall certify fuch his or their vifitation, examination, and admeafurement, to the commiffioners of his Majefty*s revenue in Ireland ; and if it appears by the certificate of fuch officer or officers that fhe hath on board fuch a number of men, provifions, boats, fifhing lines, and inftruments to be ufed in fuch fifliery as herein-after are mentioned j that fhe is ftrongly built, and othervvife a pro- per fhip f«K fuch voyage and fifhery, and hath on board among her crew a lufficient number of harpooners, fteerfmen, and line-managers, who have been before em- ployed in fuch voyages, (the names of [ C 4 ] Itich , '''§1 ■ 'm ^'^t4 "iSf • M '■■ui x\ APPENDIX. wAm t J '^•: ■^ r' . I- *■■ li-W Vr: ws m'f' fuch perfons to be contained in fuch cer- tificate) ; and if it further appears by the oath of one or more owner or owners, and of the mafter or chief officer of fuch fhip, written at the foot of fuch certificate, and made before the collector or comp- troller of fuch port, (who are hereby im- powered and required to adminifler the fame), that it is really and truly their firm purpofe and determined refolution, that fuch ihip (hall, as foon as licence fliall be granted, forthwith proceed, fo manned, furnifhed, and accoutered, on a voyage to the Greenland Seas, or Davis's Streights, or the feas adjacent, and there, in the then approaching feafon, to ufe the utmoft endeavours of themfelves and their fliip*s company to take whales, or other creatures living in the fea, and on no other defign or view of profit in fuch voyage, and to import the whale fins, oil, and blubber thereof, into the king- dcin of Great Britain^ (naming the port to which it is their intention to return) ; and if the mafter, after fuch certificate had, and oath made, do alfo become bound, with two fufHcient fecurities, unto his Majefly, his heirs and fucceflbrs, in the penalty of fuch fum as (hall be equal to treble the bounty intended by this aft, (which bond the faid colleftor, with the approbation of the comptroller, is hereby required to take, and is to be in force for the term of three years againft the mafter and fureties i'or the faithful dealings of the faid APPENDIX. xH faid mafter and (hip's company in regard to the faid Ihip and voyage) ; then, and Commifiion. in all fuch cafes, it (hall and may be law- revenu«'i« ful for any three or more of the faid com- inland, on mi(rioners of the revenues in Ireland for '"S!",f. '"'** .... • • r L ^'c certificates, the time being, on receiving lucn certin- to grant li- cates and oaths made, and it being certified '^'^"'=^» ^'' to them by the colled:or and comptroller of fuch port, that fufficlent fecurity hath been given as aforefaid, to give and grant, and they are hereby required to give and grant to the mafter and owners of fuch (hip, full licence and authority to proceed on fuch voyage as aforefaid. •I U** i '-'W 22. And to prevent^ any difpiues that vvhat number may arife whether a (hip be properly qua- ot men, lines, lifted and duly fitted out for the whale '' :-^^ ' ^'' ^„ I- » • J mipiotcer- nlhery, according to the true intent and tain dimen- meaning of this adl, and intitled to a fions(haiu,ave certificate thereof from the cuftom-houfe **" officers, it is hereby enafted. That every (hip of the burthen of two hundred tons, defigned for this fifhery, (liall and is hereby obliged to have on board forty ^ fi(hing lines of one hundred and twenty fathom each, forty harpoon irons, four boats with feven men, including a har- pooner, a (leerfman, and a line manager, to each boat, making in the whole twenty- eight men befides the mafter and furgeon, with fixmonths provilion j/Lthe leafl tor fuch number of men ; and every fliip of larger burthen an increafc of fix men, one boat, ten fuch lines, and t'^n harpoon irons more, ■?i ■'m M iKK m xUi APPENDIX. more, for every fifty tons above the faid two hundred tons, together with pro* vifions in proportion ; and every Ihip which (hall be fo employed in the faid fifhery fhall have on board an apprentice, indentured for the fpace of three years at the leaft, for every fifty tons burthen, who ihall be accounted as one of the number of men required to be on board fuch fhip •M aforefaid. mf On ret urn of (hips, proper ufHcers to go on boaid, and inTpet^t the cargo, (^c. and take an account of the names of the maltert, harpooncr9» 23. And be it further enaded by the authority aforefaid, That on the return of fuch (hip to the port to which the mafter and mate declared on oath their inten- tion to return, the proper officers of the cufloms at fuch port ihall immediately repair on board, and view the condition of fuch fhip and her lading, and certify the fame, together with their obfervations thereon, as alfo of the real tonnage of the faid fhip *, and the faid officers are alfo to take an account or fchedule of *hc names of the mafter, mate, and other perfons on board, diitinguifhing therein the har- pooners and perfons more immediately employed in the faid fifhery, and to cer- tify the fame ; and the mafter and mate fhall make oath before the colledor and comptroller, (who are hereby impowered and required to adminifter the fame), on the back of, or annexed to the licence granted as aforefaid, which they are here- by then required to deliver up, that they did in purfuance thereof, mentioning the day of their departure, proceed on a voyage APPENDIX. voyage diredly to the places aforcfaid, and have not fmce been on any other voyage, or purfued any other defign or view of profit; and that they did there (men- tioning the time of their (lay in thofe feas) ufe the utmoffc endeavour of themfelves and their (hip's company to take whales, and other creatures living in thofe feas ; and that all the whale fins, oil, and blub- ber, imported (if any) in fuch (hip, was really and bona fide caught and taken in the faid feas by the crew of fuch (hip only, or with the a(Ii(lance of the crew of fome other (hip duly licenfed for that voyage, purfuant to the directions of this ad ; all which fchedule, certificate, licence, and oath, (hall be tranfmitted by the colleftor and comptroller of fuch port to the refpec- tive commidioners of the cuflonis for that part of Great Britain where fuch (hips (liall arrive ; and fuch commifTioners being fully fatisfied of the faithful dealings of the mailer and other perfoni employed in fuch (hips with refpecl to fuch voyage and fi(hery, (hall, on demand, caufe payment to be made to the mader or owners, or to his or their adigns, by the receiver general of the cuftoms for that part of Great Britain where fuch (hip (hall arrive, the bounty or premium following, according to the admeafurement of fuch (hip duly certified as aforefaid; (that is to fay), for every fuch (hip as (hall proceed on the fnid fifh- cry, from the twenty-fifth day of December one thoufand feven hundred and feventv- five. Conmifllon- ets being fatisfied of the faithful deal- ings of the ma Iter, &c. to pay the bounties as direcicd, ac- cord.. the :idmeiiii' e- mtnt of the Oiips. I ';;rjj '''*"..' ':■'■ i- "I ■ *. xllv APPENDlt. i:^ iiiii ♦<•»■- * ^5: Cfftaiii prc- inu fliips be?oi-e any perfon be intitled to the bounty. five, to the twenty-fifth day o{ Deeimber" one thoufand feven hundred and feventy- fix, the fum of forty fhillinffs per ton; and for every fuch fhip as {hall proceed on the faid fifhsry from the twenty-fifth day oi December one thoufand feven hundred and feventy-fix, to the twenty-fifth day of December one thoufand feven hundred and eighty-one, the fum of thirty fhillings per ton ; and for everv fuch fhip as fhall pro. ceed on the faid fifhery from the twenty- fifth day of December one thoufand feven hundred and eighty-one, to the twenty- fifth day of December one thoufand feven hundred and eighty-fix, the fum of twenty diillings per ton. 24. Provided always, and it is hereby further enaffced by the authority aforefaid. That no perfon or perfons fhall be allowed or intitled to receive the bounty herein- before granted, for any fhip which fhall proceed on the faid whale fifhery after the twenty-fifth day of December one thoufand feven hundred and feventy-five, unlefs fuch fliip fhall fail from the port where fhe fhall be furveyed, 'and cleared diredly on her intended fifhery, on or before the tenth day of jlprii in each and every year, and fhall continue with her crew in the Green' land feas, or Davis* s Streights, or the adja- cent feas, diligently endeavouring to catch whales, or other creatures living in thofc feas, and fhall not depart from thence be- fore the tenth day of Augujl then foUow- m APPENDIX. ingf unleHi fuch (hip (hall be laden with the blubber and fin^i of one whale, caught by the crew thereof, or with the afTiiUnce of the crew of fome other licenfcd (hip, before that time, or iliall be forced by fome unavoidable accident or neceifity to depart fooner from thoie leas ; which accident or neceflity fliall be verified on the oaths of the mafter and mate belonging to fuch Ihip, upon her return from the faid fiihery, before the colle£tor and comptroller of the cuftoms at the port where fhe (hall arrive, who ihall tranfmit the fame, together with the fchedule, licence, and other docum.ents by this a£l required, to the refpedive com- miffioners of the cuftoms for that part of Great Britain where ihe ihall arrive. 25. And be it further enafted by the authority aforefaid. That it ihall and may be lawful to and for the commiifioners of the cudoms in England and Scotland re- fpe^ively to order the refpeftive receivers general of the cudoms, in cafe the monies remaining in their hands arifmg from the old iubfidy fhall not be fufficient at any time or times, dn.nng the continuance of this a£t, to fati&fy the faid bounty of forty (hillings per ton, and thirty ihillings per ton, and twenty ihilliags per ton, during the feveral periods herein-before limited, payable on all ihips employed in the faid fiihery, according to the dire^ions of this prefent aft, to pay the fame out of any n^oney that ihall be in their hands arifmg from lUv If monies ari(ini{ froin the old (ubfidy be nut fuifi' cient to pay i)Ounciet, any other rcve« nue money may be taken. ' i.'Ji ^r^m 'S^Jit '.!'t'^ +f« xlvi lii?^>'. Commiflion- ers, at the beginning of every felliua cfp^i'l lament, to Kiy heibre them an ac- count of tiie (hips emplo)- e.l in the whale fifliery, (tc. APPENDIX. from any of the duties and revenues under their management refpcftively. -' ■ > ' ' ' 26. And be it further eftafled by the authority aforefaid, That the commiflioners of his Majefty's cuftoms in England and Scotland refpedively fhall, at the beginning of every feflion of parliament, lay before both houfes of parliament an account in writing, under their hands, of what num- ber of (hips employed in the whale fifhery to Davis* s Streights and the Greenland feas, in purfuance of this a6t, with their refpec- tive names and burthens, have returned to Great Britain, and at what port in Great Britain they were difcharged, and alfo what quantity of oil, blubber, or whale fins, each fhip Ihall have imported, and from what port in Ireland or the IJle of Man they were fitted out. • - - — - 27. And whereas it hath been found by experience, that fhips under the burthen of two hundred tons are fit for the faid fifli- portionabie to gj-y . ^g jt therefore enafted and declared by the authority aforefaid. That every owner or owners of any fhip or fhips under the burthen of two hundred tons, which fhall be employed in the faid fifhery, who have conformed themfelves in all refpefts to the rules and diredions herein*before prefcribed to the owners of fhips of two hundred tons, fhall be intitled to the faid bounty, as herein-before limited, according to Ships under zoo tons intitled to a bounty pro- portionable ( their adiuta' lurem:nt. APPENDIX. to the admeafuremcnt of fuch ihip or fhips refpedively. xlvii 28. Provided always, and be it enadled Ship-! above by the authority aforefaid, That no fhip to StS'tra be employed in the faid filhery, although larger bounty flie be above the burthen of four hundred !!];!"nf: *^° _ , ton Inip J tons, Ihall be intitled to a larger bounty than a fhip of four hundred tons would be intitled to. 29. Provided alfo. That nothing in this and ownfir? prelent ad contained fhall extend, or be "quip^'l^j;' *° conftrued to extend, to oblige the owner more'thaA a or owners of any fhip above the burthen J^'p °' '^°* of four hundred tons, in order to intitle him or them to the faid bounty, to fit out, equip, and man, any fuch fhip, otherwife than as a fhip of the burthen of four hun- dred tons only is, by this prefent aft, re- quired to be fitted out, equipped, and man- ned. 30. Provided alfo, and it is hereby fur- No appren- ther enaded by the authority aforefaid, |jJJ*n7»lreJ to That every apprentice indentured after the exccfd iK.iior twenty-fifth day of December one thoufand ^^ ""^*' '♦ feven hundred and feventy-five, to ferve on ' board any fliip or vefTel proceeding on the fifheries, in purfuance of this or any other aft of parliament now in force, granting any bounty or bounties thereon, mall not exceed the age of eighteen years, nor be under fourteen, at the time he fhall be fo indentured ; and that no bounty fhall be allowed '\fi\ :i!i a '« iiii mm '= ,11 t IL I';-- ''1 - ^1 MA m ' 11 1 ;:''k' 1 4' M .Hi ■ii xlviii APPENDIX. f&B^-^ 'm:..: %WC, and no bounty allowed or paid for any fhip or veflel fo employed, either by virtue of this or any former ad of parliament, unlefs the whole and entire property of fuch Ihip or veflel fliall belong to fome of his Majefty's fub- jecls refiding in that part of his Majefty's dominions from whence fuch (hip or veflel fliall be refpedively fitted and cleared out, any law, cuft:oni, or ufage, to thq contrary notwithfl:anding. ^ ^, to be paid uiilefB lliifS tinplo>ecl be- long to iDiue of his Ma- jetly's fuhje^ts wliere fitted out. Bounties may be jnllirel. Perfons giving falle certil^- catss, ftc. to forfeit 5C0/. 3 1 . And to prevent any application to parliament for the bounty on any fliip em- ployed in either of the fiflieries before mentioned, which may happen to be lofl: at fea before their return to Great Britain, be it declared and enafted by the authority aforefaid, That it fliall and may be lawful for the owner or owners of any fliip, em- ployed, or deflgned to be employed, in the laid fiflieries, or either of them, to infure the bounty which fuch owner or owners would have been intitled to upon the re- turn of fuch fliip to Great Britain, on the performance of all other matters direded and appointed by this prefent ad to be performed for obtaining the faid boun- ties. 32. And It IS hereby further enaded by the authority aforefaid. That if any perfon or perfons fliall give or grant any falfe certificate for any of the purpofes required or direded by this ad, fuch perfon or per- fons fliall forfeit the lum of five hundred pounds, A P P li N 15 I Xi :i£llx pounds, 'and be rendered incapable of ferving his Majefty, his heirs or fucceirot's, in any office whatfoever ; and if any per- fon or perfons (hall counterfeit, erafe, alter; or falfify, any certificate required or direft- cd by this aft, or (hall knowingly or wil- lingly make ufe of any falfe Certificate, of of any certificate fo counterfeited, ef afedj altered, or falfified, fuch perfon or perfons (hall, for every fuch oiFence, forfeit the fum of five hundred pounds : and every fuch certificate (hall be invalid, and of no effefti 33. And it IS hereby further enaftcd by Forfeitures the authority aforefaid. That one moiety J;;;^;" ^' *«*' of the penalties and forfeitures inflifted by this aft (except in (juch cafes where other direftions are given by this aft) (hall be to the ufe of his Majedy, his heirs and fucce(ror3, and the other moiety to fuch officer or officers of the cuftoms as (hall fue or profecute for the fame in any of his Majcdy's courts of record at We/}- mincer or Dteblin, or in the court of exche- quer in Scotland, or in any court of ad- miralty, having jurifdiftion in his Majedy's colonies or iflands refpeftiVely, where the offence (hall be committed. 34. And be it further enafted by the Forfeiture* authority aforefaid. That, from and after 5!J^Si«iS«i the firft day ot'Janiiiifyone thoufand fcven to'be'iued tor hundred and fevehty*fix, the penalties and ««>.thevicead. forfeitures infiifted by any aft of parliamfeht hl'faK?inSS! relating to the trade or revenues of. the [ D ] Briti/h ■ 1 '. m -Ji^il dr. I APPENDIX. .P^'^ m Mm §1^ % iv-ifons !»g- upptal to the j»ro|>er atlnir- Brltijh colonies or plantations in Ameridii which fhali be incurred in the faid ifland of Nsivfotindland, fhall be fued for, profecuted, and recovered, in the court of vice ad- mirahy having jurifdiction in the faid ifland, and in no other ; and if any perfon or perfons fhall think him or themfelves ag- grieved by any judgement, fentence, or ^Britain^^^'' ^^ determination of any court of vice ad- miralty, or other court having jurifdidion in Nciiifoundland, upon any fuit or profe- culion commenced there for any penalty or forfeiture infli^Eled by any a«^ of par- liament relating to the trade or revenues of the Briiijh colonies or plantations in America^ it Ihall and may be lawful for fuch party to appeal from fuch judgement, fen- tence, or determination, in the firft inflance, to the proper court of admiralty in Gnat Britain, or to his Majefty in council ; and that no appeal fhall in fuch cafe lie or be brought in any other court or jurifdidioni whatfoever, any law, cuftom, or ufage, to the contrary notwithftaHding.- ^^ Duties on g lods fxport- tdor impoited to be un.Jer the diie^iro'i orthecommil- i] oners of cudoms, eu. 2,$. And it is hereby further enaded by the authority aforefaid. That, from and after the firfl day of 'January one thoufand fevert hundred and feventy-fix, the cuftoms and other duties which now are or hereafter may be due and payable upon any goods or merchandizes brought or imported int©, or exported or carried from, the ifland of Ncivfowidland, by virtue of this or any aft or a4lj> of Parlianivnii, and the ofilcers of " ■ his n APPENDIX. his Majefty's cuftoms appointed for execut- ing and carrying into execution the fevcral laws relating to the trade and revenue there, (hall be under the management and diredion of the commiffioners of his Ma- jefty's cuftoms in England for the time being, under the authority and diredion of the high treafurer of Great Britain^ or the commiflioners of the treafury for the 1 ime being, any law, patent, cuftom, or ufage, to the contrary notwithftanding. 36. Provided always, and it is hereby further enacted by the authority aforefaid, That all deputations and other authorities granted by the commiflioners of the cuf- toms for North America, before the faid firft day of January one thoufand feven hundred and feventy-fix, to any olficer or oiHcers acting in and for the faid ifland of Newfound/afidy (hall continue in force, as fully to all intents and purpofes as if this ad had not been made, until the deputa- tions or other authorities fo granted to fuch officer or officers refpedively (hall be re- voked, annulled, or made void, by the high treafurer of Great Britain, or com- miffioners of the treafury for the time being. 37. And be it further enabled by the Perions faed authority aforefaid. That ii* any adion or l^^^.'^'H *y|."^_ fuit (hall be commenced againft any perfon ance of this or perfons for any thing done in puri'uance ^^^"^^y P'!?** of this ad of parliament, the defendant or iaiief *^ *^ [Da] defendants Deputations granted by the commiflioners for 'North Arurica before Jan. I, 1776, to any oHicers tbi" Ne-ivfou»d' land to be in force. m r m • :MMi iBy^^JiffhTt wSvv'''' and recover treble coftt. Wlf fev I K^.' B^fN i '>; A t* P E 1^ D 1 X. defendants in fuch a6lion or fult may ptesHj the general iflue, and give this a6t and the fpecial matter in eVidence at any trial to be had thereupon, and that the fatne vras done in purfuance of and hy the authority of this ad : And if it fhall appear fo to have been done, the jury (hall find for the defendant or defendants ; and if the plain- tiff (hall be nonfuited, or difcontinue his adion after the defendant or defendants have appeared, or if judgement (hall be given upon any verdidt or demurrer againft the plaintiff, the defendant or defendants (hall recover treble cofts, and have the like remedy for the fame as defendants have in other cafes by law. fne was APPENDIX. nn 26 GEO. III. Cap. 26. Jin a6l to amend and render more effeduaf the feveral laws now in force for encou- raging the fjheries carried on at New- foundland, and parts aajacent^. from Great Britain, Ireland, and the Britifh dominions in Europe; and for granting bounties^ for a limited time, on certain terms and conditions, WHEREAS the bounties granted to Pre:.mble, a certain number of vefleis employ- ed in the Britijh fifhery on the banks of Newfoundland, by an ad pafled in the fifteenth year of the reign of his prefent Majefty, intituled. An ail for the encott- ,, Geo. Iir. ragcmcnt of the fjheries carried on from Cap. ju Great Britain, Ireland, and the Britifh dominions in Europe; and for ft curing the return of the fijher men. Jailors, and others employed in the faid fjheries, to the ports thereof, at the end of the fflftng feafon^ will expire on the firft day of January one thoufand feven hundred and eighty- feven : And whereas, at the expiration thereof, it is expec^ient that new bounties fhould be granted, for a limited time, urv- der certain conditions, limitations, and re* ftridions : And whereas it has been found by experience, that feveral of the provi.. f^ons and regulations contained in the laws jiow in force for encouraging the fiflieries, parried on at Newfoundland, and parts adr [D 3J jacem, m-: ; ¥ If I4fl ; ii-i '.w^R '.k 'Wm \w 'M\> After Jan. i, 1787, Itoun- ties to b; J iveti to ver. ftls fitredout from Crept Jbrifr.i/t, &c. for the Nexv- fcunilland fiiliery. qualified, etc. jjvireea lie to I'oSfl !(»«/. ill. Cap. »s. APPENDIX. jacent, are infufficient to anfwer the good purpofes thereby intended, and that it is requifite that other provifions and regula- tions fhoiild be enaded : To that end, be it therefore enafted by the King's moft ex- cellent Majef^y, by and with the advice and confent of the Lords fpiritual and tempo- ral, and Commons, in this prefent Parlia- ment aflemblqd, and by the authority of the fame, That, from and after the firft day of January one thoufand feven hun- dred and eighty-feven, the refpedive boun- ties herein-after mentioned fliall be paid and allowed annually, for ten years, to a certain number of fhips or yeflels employ- ed in the Britijh fifliery on the banks of Ne'aifoiindland, under the limitations and reflridions herein-after exprelTed ; that is to fay. That fuch veflels iliall appear by their regifter to be J5r/7(/7j-built, and wholly owned by his Majerty's fubjeds re- ading in Great Briiain, Ireland, or the illands of Guernfey, Jerfey, or Man ; and fhall be navigated each with a mafter, and at leafl: three fourths of the mariners being BritiJJ) fubjecls, ufually refiding in his Majefly's European dominions ;[ and fliall be in other refpecls qualified and fubje£l to the fame rules and reftriftions as are pre- fcribed by an a6t:, made in the tenth and eleventh years of the reign of King Wil' Ham the third, intituled, An a^ to encou- rage the trade to Newfoundland ; and fhall be fitted and cleared out from fome port in Great Britain^ or from the iflands of Guern- ''if APPENDIX. It /cj, ycrfey, or Alderney, after the fald firll day of January one thoufand feven hun- dred and eighty.feven, and after that day in each fucceeding year, and 'hall proceed to the banks of Newfoundland ; and hav- ing catched a cargo of fifh upon thofe banks, confiding of not lefs than ten thoufand fifh by tale, fhall land the fame at any one of the ports on the north, the ea(l, or the fouth fide of the ifland of Newfoundland, between Cape Saint fohn , and Cape Raye, on or before the fifteenth ■< day of Jidy in each year, and Ihall make one more trip, at leaft, to the faid banks, and return with another cargo of fifii catched there, to the fame port : In which Bcnn'i'STo cafe, the one hundred veflels which fliall fiy'ov^r firfl arrive at the ifland of Newfoundland ay the bvun- ti(.s. Num*^cr of mariners be- longing to each vclTtl to be inferred in tlie ceriiticate utqiiaiiHca- tton. APPENDIX. directed, that fuch veflcl was intitlcd, hy tlie priority and time of her arrival, to one or other of the bounties therein mentioned, as the fact may be ; and that the mafter and mate of fuch veffel had made oath, before fuch naval or other officer as aforefaid, that the number of fifh taken on the firft trip amounted to ten thoufand at lead by tale -, that he had made two trips atlea{l,imd that all the filh on both trips were catched on the banks of Newfound/and by the crew of fuch veflel only ; which certificate and oath the faid governor, and naval or other oflicef as aforelaid, are hereby impowercd and re- quired to grant and adminifter to the maf- ter and mate of fuch velTel, without fee or reward; and upon delivering up the faid certificate to fuch coUcdor, the rcfpccUvii bounties therein mentioned fhall be paid \,y fuch collector in fuch and the like maniur, and out of the fame funds, as the bounties herein-before mentioned to have been grant- ed by the faid recited ad, made in the laid fifteenth year of the reign of his prefeut Majefly. 2. And be it further enabled by the au- thority aforefaid, That in each and every certificate of a Ihip being duly qualified as aforefaid to proceed on the faid fifhery, there Ihall be inferted the real number of the mariners then belonging to fuch vef- fel, and intended to be employed in the faid fiftiery, diftinguifliing how many of them are new or green men, and whether they APPENDIX. lU are hired upon ftiares, or are to receive waives ; which fads arc to be verified on the oath of the mailer of the veflel, made or taken before the perfon who fliall grant the faid certificate, and who is hereby au- thorifed and required to adminifter the fame, and to infert fuch facts in fuch cer-« tificate ; and if fuch veflfels (hall be cleared out from the faid iflands of Gttern/ey, "jerfeyy or Alderney^ then fuch oath (hall be taken before a magidrate of the royal court, in the prefence of the principal officer of the cudoms who fhall grant fuch certificate, the whole to be attefted by the governor of each of the faid iflands refpedtively ; on failure whereof, fuch veflfels fliall be ex- cluded from the benefit of this ai^, and . ihall not be intitled to or receive any of the bounties herein-before granted. 3. And be it further enadVed by the au- Ccrtific-ites thority aforefaid. That the feyeral certifi. Svlls'ukea ' catcs to be given and aflidavits taken in io Nenutnund- Ne^^ufoundland as aforefaid, in order to If "y* '*'?'^"»**i latisty the laid governor ot the laid ifland, to tuc i^ovcr- as to the fads to ground his certificate "°'- thereupon, as herein-before direded, for the payment of the faid bounties, (hall and are hereby required, within the diftridl of Saint John*s in the faid ifland of New- foundland, to be tranfmitted to the faid governor at Saint John^s, before the fifteenth day of September in each year, and within any other diflridl in the faid ifland before the thirtieth day of September in % i Ix APPENDIX. y^v'5 1*. ".H.'.r 4 m- Maflers of veffels, previ- ous to receiv- ing the bunn- tiest to make oath relative to the numbei vf their men returned. in each year, in order that he may perfciflly examine the documents, and thoroughly invefligate the fame, fo as to be able clearly and jullly to fettle the times of the arrivals as aforefaid of the feveral and re- fpedive veflels, and adjuft the different bounties, and to whom they are and ought feverally to be paid. 4. And be it further enafled by the autho- rity aforefaid, That every mailer of a veffel, entitled to any of the bounties herein-before granted, Ihall, before he fhall receive the fame, or any part thereof, make oath before the colledor and comptroller, or other chief officer at the port in Great Britain where he lliall arrive on . his return from the faid filhery upon the banks of Nac- foundland, that all the men belonging to his fhip who failed out with him, or a number of men equal thereto, are returned to Great Britain, unlefs any of his crew fliall have died at 'Newfoundland^ or in the faid voyage, either on the paiTage out or return home, or have deferted without his know- ledge or confent, or have been (hipped in or on board Eritijh velfels bound for foreign markets ; which facts fhali alfo be verified on oath by every fuch mafter, before the iiiid officers or officer of the cufloms, who are refpe:tively hereby authorifed and ye- quired to adminM^er the fame* What proper 5" ^^'^ whereas, by the faid recited tion of iheir a^, made in the fifteenth year of tjic reig^ wages Qiall b$ ' ■ ^f A P P E N li I X. Ui bf his'prefent Majefty, it is enaaed, That advanced to , . "^ 1 "^ ';» II J green men no hirer or employer mm pay or advance Sunng the to any feaman or fifterman, or either of J>«^e "f tl«»' them, during the time he Ihall be in his fervice, more than half the wag'S which ihall at any time be due to him : And whereas, in the cafe of green men, the ad- vance of one half of the wages may not always be fufficient to fit them out and clothe them for the feafon ; be it therefore enabled by the authority aforefaid, That it ihall and may be lawful for the hirer or employer of any fuch green men engaged in the faid fiihery, to advance to any fuch preen man, during the time he ihall be in nis fervice, a fum not exceeding five pounds, ten fhillings, althoughthefame ihall amount to more than one half of the wages which ihall be due to him, provided a fum equal to the then current price of a man's paffage home, not exceeding forty ihillings for each man, be referved to bear the charge of his return home, as direfted by the faid before recited aft of the fifteenth year of his prefent Majefty's reign. 6. And whereas in and by the faid recited Penalty on aft, made in the fifteenth year of his prefent ^*u J**"' "'• Majefty's reign, it is direfted. That in cafe themftWM any feaman or filherman fhall at any time Y^y **' f*^' wilfully abfcnt himfelf from his duty or employ. **' employ, without the leave and confent of his hirer or employer, or the agent of fuch hirer or employer, or ihall wilfully negleft or refufe to work, according to the true intent :' f ;.i!if i ■tm •..■'.r.t'; .1- - 11 ^:^''n fmJ Ixii A P P le N D I X. , f . : - intent and meaning of his contraft or agree* ment, he fliall, for every day he Ihall fo abfent himfelf or negleft or refufe to work, forfeit two days pay to fuch owner or em* ployer: And whereas the faid penalties have been found infuilicient ; be it therefore en- aded. That, where any fuch feaman or lifherman fhall fo wilfully abfent himfelf from his duty or employ, without the leave or confent of his hirer or employer, or fhall wilfully negledt or refufe to work, for the fpace of one day, he fhall, for every day he fhall fo abfent himfelf, or wilfully negledl or refufe to work, forfeit any number of days pay not exceeding five, as the faid governor of Newfoundland, or his furrogate, may think juft and reafon- able ; and fuch forfeiture fhall be paid to the hirer or employer of fuch feaman or fifherman, in recompcnce for the lofs or damage which he may have fuflained by means of, or through fuch abfence, neglei^ of duty, or refufal to work* Mafter to be 7. And be it further enacted by the au* 'Torbufbier ^^^^'^^V aforefaid. That, before any oil or adqiittcd to blubber, imported from Newfoundland into entry duty- Great Britain, (hall be admitted to entry duty-free, the mafler, or other perlon hav- ing or taking the charge or conunand of the ihip or veflel importmg the fame, fhall make oath before the coUeflor, or other chief ofHcer of the cufloms at the port in Great Britain into which the faid oil oy blubber is imported, (who is hereby au- thorifed .11 'I APPENDIX. Ixili thorifed and required to adminifler fuch oath), that the fame, and every part there- ' ' of, IS really and bona Jide the oil or blubber of fi(h or creatures living in the fea, actually caught and taken on the banks and fhores of zhe ifland of Newfoundland, and parts adjacent, wholly by his Majefty's fubjedts carrying on the faid fifhery from his Ma- jefty's European dominions, and ufually fefiding in the faid dominions ; any law, cuftom, or ufage, to the contrary not with- Handing. 8. And be it further enacted by the Ana.nar authority aforefaid, Thaf, before any feal »^f!' to ^e (kins, imported from Newfoundland into toiSfklil*.* Great Britain, (hall be admitted to entry duty-free, the mafter, or other perfon having " *aking the charge or command of the ' ?p or veflel importing the fame, Ihall niase oath before the colledtor, or other chief officer of the cuftoms at the port in Great Britain into which fuch feal ikins are imported, (who is hereby autho- rifed and required to adminifter fuch oath), that the fame are really and bona Jide the Ikins of feals a^ually caught and taken on the banks and (hores of the faid ifland of Newfoundland, and parts ad- jacent, wholly by his Majefty*s fubjefts carrying on the faid fifhery from his Ma- jefty's European dopiinions, and ufually refiding in the faid dominions ; any law, cuftom, or uf.ige, to the contrary notwith- (landing. 9. Ana Jlll{ Ml ■ .' r' : ' V iNHi vlf;. II > j,; 1 ; t ) •••■ '\f: (% :il 1 n 1 um 1 iziv Appendix. >' •- H^ ciawfe relative 9. And be it futther enacted by the *°rebi£f'at Jiuthority atoiefaid. That, in cafe iny oil, AVw/olL/flW, blubber, or feal Ikins, (hall be purchafed and imported in ^^e faid ifland of Newfoundland, or the from tlunct ^ ,, ^ j«.j«^i-« i«uo Gnut, parts adjacent, and imported into Great Bniuiu. Britain from thence, the fame lliall and n>ay be admitted to entry duty-free, pro- vided the mafter or othiir perfon having or taking the charge or cbfnmand of the fhip of vefTel importing the fame, fhall make oath of all and every the particulars refpeding the purchafe thereof, before the colleclor or other chief officer of the cuftonis at the ^>ort in Great Britain into which fuch oil, blubber, or feal fkins, are imported, (who is hereby authorifed and required to adminifler fii:h oath); and fhall produce and deliver to fuch colledor or other chief officer, a certificate, under the hand and feal of the n^Tal dfficer of the diftrift in Newfoundland where fuch oil, blubber, or feal (kins, were purchafed ; or if there fhall not be any naval officer at fuch place, then under the hand and feal of the commander of any of his Ma- jefty's fhips f^ationed there, teftifying that oath had been made before him, (who is hereby authorifed and required, in fuch cafe, to adminifler the fame), by the per- fon or perfons who adually caught the fifh from which the oil, blubber, or the feals from which the fkins mentioned in fuch certificate was procfiiced or came, that fuch oil or blubber was really and bonajide the oil or blubber of fifh or crea*- tures APPENDIX. Ixv tures living in the fea, or that fuch fkins were really and bona fide the (kins of feals, adlually caught and taken on the banks and fhores of the ifland of Newfoundland , and parts adjacent, wholly by his Majefty's fubjefts carrying on the faid filhery from his Majefl:y*s European dominions, and ufually refiding in the faid dominions j and provided fuch mafter, or other perfon having or taking the charge or command of the fhip or veflel fo importing fuch oil, Mubber, and feal Ikins, fhall alfo mak,e 03*^^h, before fuch coUedor or other chief officer, (who is hereby authorifed and re- quired to adminilter the fame), that the oil, blubber, or feal fkins fo imported, are the fame oil, blubber, or feal (kins mentioned and referred to in the faid certificate. • . -w 10. And be it further enaded by the Bond to be authority aforefaid. That, upon the impor- S"?" »" •"» tation of any foreign fait into this kingdom paym/.t ^l{ from any place from whence, and in the th^ old fub- manner in \ hich fuch fait may be legally Jlf/in^oru- imported, the importer or proprietor of tion cf lait. fuch fait fhall be at liberty to give bond to his Majefly, his heirs and fuccelTors, for the payment of the duty commonly ca''ed The Old Subfidy, and all further fubfidies, impofls, and duties, due and payable to and for the cufloms upon fuch fait, within the fpace of twelve calendar months from the date of fuch bond, but without any difcount or allowance for prompt payment ; [E] of ..- -. i .>??^ If 11 - ■'I „M m m Uvi APPENDIX. hi: cf the faid duties, or either of them; which bond the colleftor and comptroller /of his Majefty's cuftoms at the port of importation are hereby authorifed to take in his Majefty*8 name, and thereupon to permit fuch lalt to be entered and landed fuch bonds to m the ufual manner ; and if fuch fait fhall be cancelled^ » exported again within the faid fpace of poitat'i'on*" -ve'-ve Calendar months, tne bonds which theieof witliiii fnall have been given, for the faid duties " m"''*!". thereon, ihall be cancelled and difcharged ; and in cafe the full duties payable to the cuftoms for fuch fait fhall have been paid at or before the expiration of the faid twelve calendar months, and fuch fait fha" be afterwards exported into foreign parts within the time allowed by law, a drawback of all the faid duties which were fo paid fhall be allowed in the fame manner as the former drawback of the ' cuftoms upon the exportation o/ fait was, -could or might be paid ; and fuch fait (hall be fubjeft and liable to the fame ; rules, regulations, rcftri^tions, fecurities, penalties, and forfeitures, (except where ' -* any alteration is made by. this aft), as fuch fait was fubjeft: and liable to by any a£t or afts of parliament in force before the making of this aft. Not to ufe II. And be It further cnafted by the n« fS'?ar°ch. aiuhority aforefaid. That it fhall not be ing co«i whofe lawful to or for any perfon or perfons than four'' concemed or employed in carrying on the inches in di- faid fiihery, or for any feaman or fifherman nieiifion. 5 hired t H APPENDIX. hired for the purpofe of carrying' on the faid fifhery, to ufe, or caufe to be made life of, on the (hores of the faid ifland of Nezvfoundland, any fean or net of any kind or defcription whatfoever, for the purpofe of catching cod fifh by hauling fuch fean or net on fliore, or tucking fuch fean or net into any boat or bo^ts, the fcale or mefii of which faid fean or net Ihall be lefs in dimenfion than four inches, iinier the penalty of forfeiting tiie fuui of one hundred pounds for every fuch of- fence J which offence may be heard and determined, and the penaUy hereby in- curred fhall and may be recovered in the court of fellion of the faid ifland, pro- vided that fuch offence be complained of within the fpace of three calendar 'nonths after the commiffion of the fame. 12. And whereas it is effential to the Preamble, naval ftrength of Great Britain, that the defertion of feamcn and fifhcrmen em- ployed in the fifliery of Ncivfomidhind, and the parts adjacent, fliould be pre- vented : And whfereas, by reafon of their fuperior Ikill as feamen and fifhermen, and as artificers of the implements and utenfils neceffary to the carrying on of fuch fifli- eries, they are, by great temptations, ex- pofed to be feduced into the fervice and employ of the fubje6"s of foreign ftates : And whereas the regulations and pro- vifions made in and by an act, paffed in the fifteenth year of his' prefent Majefty's [ E 2 ] reign. Ixvii / 4 I -■ ."111 \. ■•'iiji -,. ;H i ♦■.'i''fi ' '' i ''Mr- fi.../. i m m pi Ixvlii APPENDIX. ^«' ■«.'\ ■('.•■v .'?;'; ''J If any Britijb (caman, &c. (hall ileitit or agree to defert from l^fw- Joundla/uif with intent to enter into the <<;ivice of any foreign Itate, he may be < tmmitted, rtign, herein-before mentioned, are not fiiliicient to prevent the delertion of fuch feamen and fifliermen to the fervice of the fubjeds of foreign ftatcs j be it therefore enaded by the authority aforefaid, That if any feaman or filherman, hired or em- ployed in the carrying on of the faid fifhery, ihall defert from the faid iHand of Nezvfoundland, or from the faid fiihery, with intent to enter into the fervice of any foreign ftate, or of any of the fubjedls of any foreign ftate, or (hall have in any wile agreed fo to abfent hinifelf or defert with fuch intent, or (hall have actually entered into fuch fervice as aforefaid, it Ihall and may be lawful to and for the governor of Ncwfoutidla7idy or his furrogates, or for the judge of the vice admiralty court for the time being, or for any juftice of the peace in Newfoundland refpeftively, to ifl'ue his or their warrant or warrants to apprehend fuch perfon fo deferting, or having agreed to defert as aforefaid, and on the oath or oaths of one or more credible witnefs or witnefles, to commit him to prifon, there to remain until the next court of feffion which ihall be holden in purfuance of the commiffion of the governor for the time being ; and if •found guilty of the faid offence at fuch feflion, that it fhall and may be lawful to and for the faid court of feflion to order luch dei'erter as aforefaid to be detained in prifon, without bail or mainprize, for any time not exceeding three months, in cafe he iliall have come from his Ma- jefty's APPENDIX. jefly*s European dominions for the? purpofe of carrying on the filheries aforcfaid. bcix 13. Provided always, and be it enabled and ftnt by the authority aforelliid, That it fhall ''°'"* ' and may be lawful for fuch governor, within the fpace of three months, if he Ihall fee fit, or as foon after as conve- niently may be, to caufe every fuch perfon fo having deferted, or agreed to defert, to be put on board a p^iflage fhip or veflel, in order to his being c "•nveyed back to the country to which he belonged, and for which the mailer, or other perfon having or taking the charge or command of fuch fhip or velTel, (hall be paid in manner herein-after mentioned ; and every mafter, or other perfon having or taking the charge or command of fuch paiTage fhip or veflel, fhall be, and is hereby required ta take on board fuch and fo many of fuch perfons as the faid governor fhall dired, not ex- ceeding four for each one hundred tons of the tonnage of fuch fhip or veffel, and fo in proportion for every fuch fhip or veflel under one hundred tons : Provided never- thelefs, That no perfon fhall be fo put on board of any fhip or veiTel which fhall not be of the burthen of forty tons : But if But if not any perfon or perfons convicted of defert- %°{^^l^^£^^^' ing or agreeing to defert as aforefaid, fhall ropean domi- not have come from his Maielly's Euro- "'°r«» ^, '"7 ... r 1 c {■ .be impiiloitea pean dommions tor the purpole 01 carrying foj u momhi. on the fifheries aforefaid, then, and in fuch cafe, that it fhall and may be lawful . . [ E3 ] for .-t ■II IIP;' :f l|:r; ,. i-vit ■ ■■ I*.. m 'if*,," %} ■ '■'6*' - mi' 1, !il.' ■ Ml Ixx APPENDIX. for the faid court of fedion to commit fuch pcrfon or perfons to prilbn, there to re- main, without bail or mainprize, for any time not exceeding twelve calendar months. . • Freambit* il Fifljermen at Ifew/ountilafiJ not to fell or barter any veflcl, etc, to or with any foreigner. 14. And whereas it is of great import, ance to the trade, manufaftuic, nnd navi- gation of Great Brifain, and of his Ma- jefty's dominions in Europe^ that all trade and mercantile intercourfe between his Ma- jefty's fubjefts, refiding or carrying on £ihery in the ifland of Newfoundland with the fubje£ts of any foreign Itate, ihould be prohibited : And whereas it is effentially neceflary to the prelervation of the benefits arifing from the fifliery aforefaid, to pre- vent the fale of any fliips, veflels, or boats, or of the tackle, apparel, or furniture of the fame, and of all and all manner of utenfils and implements, which are or may be ufed in catching and curing fifli, and alfo of all articles and commodities of the growth, produce, and manufadlure of the laid iiland of Newfoundland^ to the fubjedts of any foreign ftate, or to any other than the fubjecls of his Majedy, his heirs and fucceffors, and alfo to prohibit the purchafe of any goods or commodities whatfoever, from the fubjefis of any foreign ftate ; be it therefore enafted by the authority afore- faid, That it fhall not be lawful for any perfon or perfons, refiding in or carrying on Bfhery in the faid ifland of Newfound* land, or on the banks thereof, there to fell» barter. APPENDIX. Ixxi herein to he ccminuted } barter, or exchange, any flilp, veflel, or boat, of what kind or deicription loever, or any tackle, apparel, or furniture, ufed or which may be ufed by any fhip, veflel, or boat ; or any fcans, nets, or other im- plements or utenfils, ufed or which may be ufed in catching or curing fifh, or any kind of bait whatfoevcr ufed or which may be ufed in the catching of fifh ; or any kind of fifh, oil, blubber, feal fkins, peltry, fuel, wood, or timber, to or with any perfon or perfon& whatloever, other than the fubjeds of his Majefty, his heirs and fuccefTors. 15. And be it further enabled by the OflFenden authority aforefaid. That if any perfon or perfons refiding or carrying on iifhery in the faid ifland of Nezvfoundland, fhail there fell, barter, or exchange, or caufe to be fold, bartered, or exchanged, or fhall en- deavour to fell, barter, or exchange, or (hall be aiding or afUfling in felling, bar-, tering or exchanging, or caufmg to be fold, bartered, or exchanged, any fuch fhip, vefTel, boat, or any tackle, apparel, or furniture, ufed or which may be ufed for the purpofe of navigating any fhip, veflfel, or boat ; or any feans, nets, or other im- plements or utenfils, ufed or which may be* ufed in catching or curing fifh ; or any kind of bait whatfoever ufed or which may be ufed in catching fifh ; or any fifh, oil, blubber, feal fkins, fuel, wood, or timber, to any perfon or perfons, being the fub- jeds of any foreign flate, it fhall and may be lawful to and for the governor of Newr" [ E 4 3 foimdland^ it ^Ml '^'•■■-;,| m ' r- : J.1- M" ■ \xxi\ APPENDIX. WA !!'■■:•'•' •tt^ to fof felt trbe the va- lue of the artj. desfolJ, &t. fotrndland^ or. his furrogatcs, or for any iufticc of the peace in Newfoundland^ to iflTue his or their warrant or warrants to ap- prehend every fuch offender, and, on the oath of one or more credible witnefs or witneifes, to commit him to prifon, there to remain until the next court of feflion which fhall be hoiden in purfuance of the commiflion of the faid governor for the time being ; and all and every fuch perfon or perfons, if found guilty of the faid offence at fuch feffion, fhall forfeit and pay treble the value of the articles fo fold or caufed to be fold, or attempted to be fold as aforefaid, or bartered or taken in ex- change, or in the felling, bartering, or exchanging of which, or caufmg to be fold, bartered, or exchanged, fuch perfon or perfons was or were aiding or aflifling, and the fame fhall be levied of the offend- er's goods and chattels, by warrant to be granted by the faid court of feffion for that purpofe ; and in cafe no goods upon which fuch difirefs can be made fhall be found, then it fhall and may be lawful for the faid court to order fuch perfon or perfons to be punifhed and dealt with in the fame manner as is herein-before directed with refpeft to deferters or perfons agreeing to defert. ^ Such fifher. men rot to purcha.'e any goods cf, or to barter with foreigners for the rume* •s 1 6. And whereas it is highly injurious to the trade and manufactures of his Ma- jefly's dominions in Europe^ that perfons refiding or carrying on fifhery in the ifland of Newfoundland^ or parts adjacent, or on the banks of the faid iiland of Newfound* landt APPENDIX. IxxHi cx- iandy Ihould be fupplied with any goods or commodities whatfoever by the fubjefts of any foreign ftate ; be it therefore enaded by the authority aforefaid, That no perfon or perfons refiding or carrying on fifhery in the ifland of Newfoundland^ or parts adjacent, or on the banks of the laid ifland of Newfoundland^ (hall there pur- chafe, or take in exchange, or by way of barter, or caufe to be purchafed, or taken in exchange, orby way of barter, or be aidingor affifting in the purchafmg, bartering for, or taking m exchange, any goods or commodi- ties whatfoever, from any perfon or perfons being a fubjeiStor fubjedsof any foreign ftate; and that every perfon or perfons refiding or carrying on filhery in the faid ifland of ofFenderf to Newfoundland, or parts adjacent, or on ^Sd urf\S.''.f' the banks of the faid ifland of Newfound- treble the land, who fliall there purchafe, barter for, ^^* °^ '*' or take in exchange, or fliall caufe to be purchafed, bartered for, or taken in ex- change, any fuch goods or commodities in manner aforefaid, fliall be apprehended and committed to prifon, and, on due con- viftion, before the court of feflion, fliall forfeit treble the value of fuch goods or commodities fo purchafed, or taken in barter or exchange, or procured to be pu: chafed, or taken in barter or exchange, of in the purchafe, barter, or taking of which ia exchange, fuch perfon fliall have ^een aiding or affifting, and the fame fliall be levied of the offender's goods and chattels, by warrant Iq be granted by the faid court of ic:. t * 4 Hf ,: ■'■■«; , Ixxiv Not to rxtend to the impoi- t at ion of bread, ttc. APPENDIX. of felTion for that purpofe ; and in cafe no goods upon which fuch diflrefs can be made (hall be found, then it ihall and may be lawful for <^he faid court to order fuch perfon or perfons to be punifhed and dealt with in the fame manner as is herein-before direded with refpedt to deferters or perfons agreeing to defert. 17. Provided always, That nothing herein contained fhall extend, or be con- ftrued to extend, to hinder or prevent bread, flour, Indian corn, and live (lock, from being imported into the faid ifland of Ne^vfoimdland in certain Britijh veffels, in purfuance of an a6l palfed in this pre- fent feflion of Parliament. No more than 1 8. And be it further enaded by the 40 /. to be authority afoirefaid. That the fum for which paifage of any the faid govemor Ihall agree with the maf- perfon from ter, or Other perfon having or taking the jl^y%"ct charge or command of any fhip or veflTel, for the paflfage of any perfon or perfons from the faid ifland, to the place or places to which he or they belonged, fliall in no cafe exceed the fum of forty {hillings for each perfon, and fliall be paid to the maf- ter of fuch fliip or veflel out of the monies which fliall arife from forfeitures incurred for any ofience committed againft this a£t, or the adts herein-before recited, upon fuch mafter producing, to the faid court of feflion, a certificate, under the hand and leal of fuch governor, of the numbers and names ' ' '■'.„ il''' APPENDIX. names of the perfons refpeftively taken on board by his diredlion, and of the times they were taken on board refpeftively, and the feveral fums agreed to be paid as afore- faid ; which fums the court of feflion are hereby required to caufe to be paid to fuch mafler, if fufficient funds for that pur- pofe (hall remain in the hands of the faid court. 19. And be it alfo enafted by the authority aforefaid, That if no fufficient fund for the payment of any fum or fums, fo agreed upon as aforefaid, (hall remain in the hands of the faid court of feflion, then and in fuch cafe every fuch mafter or other perfon having or taking the charge or command of fuch (hip or veifel, who (hall have taken on board any number of perfons by order of the governor, in man- ner herein-before directed, upon producing a certificate, under the hand and feal of the faid governor, in manner herein-before directed, and making an affidavit at his re< turn, fetting forth the time during which he fubfifted fuch perfon or perfons, and that he did not, during that time, want any of his own complement of men, or how many he did want of fuch complement, and for what time, fhall receive from the commilfioners of the iiavy for the time be- ing (who are hereby required to caufe the feme to be paid) fixpence per diem for the paflage and provifions of fuch perfon or perfons from the day of their embarkation homewards IXXT Such pay- ments, in cafe of a deficien- cy in the fund ior that purpole, to be mafte by the coinmiilioners of the luvy. 1^ ":"! n- ,:l i si 1 XXVI APPENDIX. .ie». »« Recital of 4 Geo. IIT, cap. 15. homewards to the day of their arrival in Great Britain, the faid fum of fixpence per die?n only being deduced for fuch time and fo many perfons as he wanted of his complement during his voyage. 20. And whereas it is enacted, in and by an aft paffed in the fourth year of his prefent Majefty's reign, intituled, Afi a^lfor granting certain duties in the Britifh colonies and plantations in America ; fir continwng, amending, and making perpetual, an adpajfed in thejixth year of the reign of his late Majejly King George the fecond, intituled. An aft for the better fecuring and encouraging the trade of his Majefty's fugar colonies in America ; for applying the produce of fuch duties, and of the duties to arife by virtue of the faid ad, towards defraying the expences of defending, protedirig, and fecuring the faid colonies and plantations ; for explaining an ad made in the twenty-fifth year of the reign of King Charles the fecond, intituled. An aft for the encouragement of the Greenland and Eaflland trades, and for the better fe- curing the plantation trade ; and for alter- ing and dif allowing fever al drawbacks on exports from this kingdom, and more effedu- ally preventing the clandefiine conveyance of goods to and from the faid colonies and plan- tations, and improving and fecuring the trade between the fame and Great Britain ; That if any Britt/h (hip or veflel (hall be found (landing into, or coming out from, either of the iflands of Saint Pierre and Miquelony or APPENDIX. Ixxvil OT hovering or at anchor within two leagues t)f the coaft thereof, or (hall be difcovered to have taken any goods or merchandizes on board at either of them, or to have been there for that purpofe, fuch (hip or veflel, and all the goods fo taken on board there, fhall be forfeited and loft, and fhall and may be feized and profecuted by any officer of his Majefty's cuftoms ; and the mafter, or other perfon having the charge of fuch (hip or velTel, and every perfon concerned in taking fuch goods on board, (hall forfeit treble the value thereof: And whereas the provifions of the faid recited aft may not be fufficient to elFeduate the good purpofes thereby intended, or to pre- vent the export or fale of (hips, vefl'els, and boats, and of ail other the goods and com- modities herein-before enumerated and prohibited to be fold to the fubjedts of any foreign (late, or the purchafe and import of the goods and commodities of fuch fo- reign (tates ; be it therefore enafted by the authority aforefaid, That it (hall and may be lawful for all and every officer or offi- cers, having the command of any of his Majefty's (hips ftationed at the iHand of Newfoundland^ to (lop and detain all and every (hip, veflel, or boat, of what nature or defcription foever, coming to, or going from the faid idand, and belonging to, or in the fervice or occupation of any of his Majefty's fubjefts refiding in, trafficking with, or carrying on (ilhery in the ifland of Newfoundiandj parts adjacent, or on the baak& Officers of hii Majefty's (hips ftationed at NewfbuMJ' land may de- tain rufpeiUd veiFels, and fcaich then: ■iMi'.i'i''"' ill 1;?. feci W ''' •m M' 1 M ;ff4 Ixxvili APPENDIX. >>V' rtiiJ^^ and if any contraband goods are found on board, lUch veflels and gi'ods fhall be forfeited. banks of the faid ifland of Newfoundland y which he fhall have reafon to fufpeft to be going to, or coming from, the iflands of Saint Pierre oi Miquelon-j for the purpofes before mentioned, in any place within the limits of their flation, and to detain, fcarch, and examine, fuch fhip, veffel, or boat \ and that if, Ui^cri fuch fearch or examina- tion, it Ihall apfc-ar to fuch officer or offi- cers that there is reafonable ground to be- lieve that fuch Ihip, veffel, or boat, or any tackle, apparel, or furniture, ufed, or which may be ufed, by any fhip, veffel, or boat, or any implements or utenfils ufed, or which may be ufed, in the catching or curing of fifh, or any fifh, oil, blubber, feal (kins, fuel, wood, or timber, then on board of fuch fliip, veffel, or boat, was or were intended to be fold, bartered for, or exchanged, to the fubjefts of any foreign ftate, or fhall be difcovered to have been fo fold, bartered for, or exchanged j or if any goods or commodities whatfoever (hall be found on board fuch fhip, veffel, or boat, or fhall be difcovered to have been on board, having been purchafed or taken in barter or exchange from the fubjeds of any foreign flate ; then, and in every fuch cafe, to feize and fend back fuch fhip, vef- fel, or boat, to the ifland of Newfoundland ', and that fuch fhip, veffel, or boat, and fuch goods and commodities fo found on board, lall, upon due condemnation, be forfeited and lofl, and fhall and may be profecuted for that purpofe, by the officer or officers fo ..' lo APPENDIX. Ixxix fo feizing the fame, in the vice admlraUy court of the faid ifland of Newfomidland ; iuch forfeiture to be given, one moiety to the faid officer or officers, and the other moiety to the governor of Newfoundland for the time being, to be applied, under the diredion of fuch governor, in defraying the paflivges home of fuch perfon or per- fons as by this or any former ad are di- refted to be fent back to the country to which they belong. , , . 21. And be it further enafted by the Ciaufe relative authority aforefaid. That, in cafe any libel, %!,';,f^J';i„^ information, or other fuit or proceeding on account whatfoever, fhall be commenced and "M^n!"*-"^* brought to trial, in the court or vice ad- miralty in the faid ifland of Newfound' /and, on account of the feizure of any fhip, veffel, boat, or goods, for the con- demnation of the fame, for any of the caufes herein-before mentioned, wherein a decree Ihall be pronounced for or in fa- vour of the defendant or defendants, claim- cr or claimers thereof, and it ihall appear to the judge or court, before whom the fame fhall be tried, that there was a proba- ble caufe for feizing the faid fhip, veffel, • boat, or goods, the judge before whom the faid caufe (hall be tried fhall certify on tli4 record that there was a probable caufe for the feizing of the faid fhip, veffel, boat, or goods ; a copy of which certificate fhall be delivered to the profecutor, under the hands and feals of fuch judge or judges ; and u.fl i* ?">i M m m m mm ■Vi'^ .V, 1 If I if 13 Ixxx APPENDIX. ■■B-''' aiid that, ui kah cafe, the defendant (hall not be intitled to any cods of fuit whatfo^ ever, nor ftiall *he perfon or perfons who feized fuch fhlp, vefl'el, boat, or goods, be liable to any adioit, indidment, or oibci profecution, vtx account of fuch feizure j and that if any adtion, indi£lment, or pr >• fecution, fhall be brought or preferred againft any perfon or perfons, who ilrall have obtained fuch copy of fuch cortificile as aforefaid, in any of his Maje(ly*;> courts in Great Britain^ fuch copy iTiall be admit- ted in evidence on behalf of the defendniit or defendants, and (hall have the likt^ force and effect as the certificate on record would have had in the cafe of fuch aSion, indid- ment,, or v^ther profecution, being brought or prsfvifed in the iHand of Neivfound- land. '.f ?,'„fi Plaintiff gain- 22. And be It alfo enabled by the au- ftifii^otlf ^^o"ty aforefaid, That if any adion, in- intitled to diftment, or other profecution, (hall be w°^^probibie* commenced and brought to trial againft cmfe of iciz- any perfon or perfons whatfoever, on ac- ""^■' count of the feizure of any fuch (hip, ve(rel, boat or goods, wherein a verdidt (hall be given againft the defendant or de. fendants, if the cou/t or judge before . whom fuch a£tion or profecution (hall be tried (hall certify on the record that there was a probable caufe of fuch feizure, that the plaintiff, befides his (hip, ve(rel, boat, or goods, fo feized, or the value thereof, (hall not be intitled to above two-pence damages, APPENDIX. kxxi damages, nor to any cofts of fuit, nor /hall the defendant in fuch ptpfecution be ftned above one Ihillin^. . • 23. And it is hereby further enafted by limitation of the authority aforefaid. That if any perfon ^^^oiw. or perfons ihall, at any time or times, be fued or profecuted for any thing by him or them done or executed in purfuance of, or by colour of this ?ft, or of any matter or thing in this att contained, fuch action or profecution fhall be commenced within the fpace of three months after the ofience Ihall have been committed ; and in cafe the perfon or perfons making fuch feizurc as aforefaid fhall have quitted the faid ifland of Newfoundland before the exp'ra- tion of tliree months from the time of the offence committed, then that fuch a£lion or profecution fhall be commenced within three months after his or their return to Great Britain ; and fuch perfon or perfons General iflue^ fhall and may plead the general ilTue, and give this aft and the fpecial matter in evi- dence for his and their defence, and that the fame was done in profecution and by authority of the faid a£t : And if it fhall appear fo to have been done, then the court fhall adjudge and decree, or the jury fhall find, in the courts of Great Britain or Newfoundland refpe£tjvely, for the defend- ant or defendants ; and if the plaintiff fhall be nonfuited, or difcontinue his ac- tion, libel, or other proceedings in the courts of Great Britain or Newfoundlandy : ■ ■ , [ F ] ' »ft« ' li'fi 11 l'i i ^ > ll .. I I t)'.).' ii I i Ixxxii APPENDIX. after the defendant or defendants hath oi* have appeared, or if judgement fliall be given upon any verdift or demurrer againd * the plaintiff, the defendant or defendants Treble cofts. fhall recover treble cofts, and have the like remedy for the fame as the defendant or defendants hath or have in other cafes by law. * i-'iVr r"*a *"oodT' '^\' ■^'^^ ^^ ^^ further ena£led by ths au- ^Thow"to*be thority aforefaid, That all and every the applied. fines or penalties inflicted by this aft, or by the adls herein-before recited, and to be levied upon the feamen or fifhermen, ex- cept thofe for negleft of duty j and that fuch Ihips, veflels, or goods, as fhall be feized, condemned, and forfeited as before mentioned, except fuch the di'flribution whereof is otherwife directed by this a(5V, fliall be given, one moiety to the informer, and the other moiety to the Governor of Newfoundland for the time being, to be applied, under the direfkion of fuch Go- vernor, in defraying the paifages home of fuch perfon or perfons as by this or any former ad are directed to be fent back to the country to which they belong. l»ait of the act ot it,Gto. 111. lepesletl. 25. And be it further enafted by the authority aforefaid, That fo much of the faid recited aft of the fifteenth year of th«? reign of his prefent Majefty, as gives any jurifdiftion to the court of vice admiralty for the faid ifland oi Newfoundland with refpeft to enquiring into and determining difputes *»* 01* be inft ints lik£ ; or i by the :, or to be I, ex- that ,11 be )efore lution fs a6V, |rmeri ernor to be Go- jme of jr any .ck to APPENDIX. Ivvxlij idifputes concerning the wages of any fea- men or ififhermen, or any oftence commit- ted by any hirer or employer of fuch fea- hien or fimermen, or any controverfies or dift'erences arifing from their contradls or agreements, ftiall be, and the fame Is h 're- by repealed. 26. And be it further etiafted by the Tiie recited authority aforefaid, That all and every the a^-' (f^cept, ciauies, matters, and thmgs m the laid mam in torce« herein-befofe recited a£is contained, which are not altered or repealed by this prefeht a6t, fhali continue and remain in full , force. ■' V' .Cray ' »' I I> m I f' Hh Ixxxlv APPENDIX. «¥ Preamble. Treaty of Utnrfit re- cited. a8 GEO. III. Cap. 35. ^n a6l to enable bis Majejiy to make fuch regulations as may be necejfary to prevent the inconvenience which might artfe front the competition of his Majejiy* s fubjeSls and thofe of the mojl Chrijlian King, in carrying on the jijhery on the coajis of the ///«//i/ o/" Newfoundland. TT 7HEREAS, by the thirteenth article V Y of the treaty concluded at Utrecht on tne fourth day of April, new ftile, in the year of our Lord one thoufand feven hundred and thirteen, between her late Majefty QuetnAnnc and the mofl Chriflian KintT Louis the fourteenth, it was, among other things, agreed, That the ifland called Newfoundland, with the adjacent iflands, ihould, from that time forwa'-d, belong of right wholly to Britain, and to that end the town and fortrefs of Placentia, and whatever other places in the faid ifland were in the pofleffion of the French, ihould be yielded and given up, within feven months from the exchange of the ratifica- tion of that treaty, or fooner if poHible, by the moft Chriflian King, to thofe who had a commiffion from the Queen of Great Britain for that purpofe; nor fhould the mod Chriflian King, his heirs or fucceffors, or any of their fubjefts, at any time there- after, lay claim to any right to the faid ifland and iflands, or to any part of them ; moreover, .1 jl APPENDIX. Ixxxv moreover, it fhould not be lav ''1 for the fubje^ls of France to fortify any place in the faid ifland of Newfoundland^ or to ereft any buildings there, befides ftages made of boards, and huts neceflary and ufeful for drying of fifh, or to refort to the faid ifland beyond the time neceflary for fifliing and drying fifli : That it fliould be allowed to the fubjeds of France to catch fifh, and to dry them on land, on that part only, and in none other befides that part of the ifland of Newfoundland, which fl:retchcs from the place called Cape Bonavijia, to the northern point of the faid ifland, and from thence running down by the wefl:ern fide, and reaches as far as the place called Cape Riche ; And whereas, by the fifth ar- Treaty of tide of the treaty of peace, concluded at '''"■" *=citcd, Paris on the tenth day of February one thoufand feven hundred and fixty-three, between his Majefty and the late moft Chriftian King Louis the fifteenth, and his mofl Catholick Majefl:y, it was, among other things, agreed, that the fubjeds of France fhould have the liberty of fifliing and drying on a part of the coaft of the ifland of Newfoundla?id, fuch as is fpecified in the thirteenth article of the treaty of Utrecht, which article is confirmed and renewed by the prefent treaty : And where- Treaty of as, by the fifth article of the definitive ^^^(^^f' treaty of peace, concluded at Verfailles, between his Majeft:y and the moft: Chriflian King, on the third day of September one thoufand feven hundred and eighty-three. m m f;r"l .<]-• Hi, k "lii ,5: il .f!,;„ m I 'ii H *'' ■'••> ' i »•-. IH^' •"•: ixxxvi APPENDIX. . it was, among other things, agreed, Tii?it his Majelly, the King oi' Great Brii : ^ diould be maintained in hi3 right to thq ifland of I^le^ufoundlandy and to the adjacent iflands, as the whole were ailured to him by the thirteenth article of the treaty of llirec/jty excepting the iflands o( Saint Pierre and Miqudoriy which were cetled in full right, by the laid treaty of the third day of September one thoufand fevcn hundred and tighty-three, to his nioft Chriltian Majeftyj and that his Majelly, the niofl Chridiaii King, in order to prevent the qvnrrels which had before then arilen between the two nations of ^n^land and France, con- fented to remoye the right of filhing which belonged to h}m in virtue of the aforei'aid article of the treaty of Utrecht^ from Cape Bonavijjta to Cape Saint Jo/jh, fituated on jhe eallern coall of Newfoundland , in fifty (degrees north latitude, and his Majefty the King of Great Britain confented, on his part, that the fifliery afligned to the fub- jeds of his mod Chrillian Majelly, begin- ning at the faid Cape Saint 'John, paflTmg tq the north, and deicending by the wellern coafl; of the ifland of Newfoundland^ fhould extend to the place called Cape Rage, fitu- ate in forty-feven degrees and fifty minutes latitude : The French fiflierpien fhould enjoy the fifhery which was afligned to them by the faid article, iis they had the right to enjoy that which was aiTigned to them by the treaty of Utrecht : And whereas, by a dcclaratlQn delivt^red by his Majefly^s am> baflador APPENDIX. Ixxxvii taflador extraordinary to his mod Chrif- JJ*^'?'**'^," ^^ tian Majelly, bearing dale alio on the laid K.\n/ oi'^ Sr^t, third dTiy oi September one thoul'and I'even i.. «78j, ic- hundred a^id eighty-three, his Majelly en- '^"'^ * gaged not only to inlure the execution of the hifl-mentioned treaty vith his known good taith and punduality, but to give all pollible efficacy to fuch principles as may prevent difpute ; and, that the fifliermen of the two ;iations may not give caul'e tor daily quarrels, was pleal'ed to engage that he would take the moit pofitive meai'ures for preventing his liibjeif^s from interrupt- ing in any manner, by their competition, the fiHiing of the French, during the tem- porary excrcife thereof which is granted to them upon the coalls of the illaiid of Newfoundland, and that he would, for that purpofe, caufe the permanent fettlements "which Ihould be formed there to be re- moved ; and that he would give orders that the Trench fifliermen lliould not be incommoded in the cutting of wood nc- ceffary fpr the repair of their fcaffolds, huts, and iifliing boats ; and that the thir- teenth article of tlje treaty of Utrecht, and the method of carryjpg on the filhery which had at all jtimes been acknowledged, fliould be the plan upon which the fillrery fliould be carried pn there, and that it fhould not be deviated from by either party, the French fifhermen building only their fcaf- folds, confining themfelves to the repair of their fifliing veffels, and not wintering there j the fubjeds of his Britannick Ma- •Ml f: 'III ■1,.. 11, 1»' .it Ixxxviii Hi^ Majefty, by advice of CO -lie I, may g've ("uch oi- ders to (he gov rnor of tievufuu n dland^ SiC. as iliili be APPENDIX. jcdy, on their part, not niofefting in any manner the French fiihermen during their fiihing, nor injuring their fcaffolds during their abfer • : And whereas it is expedient, in conformity to the definitive treaty of peace and the declaration aforefaid, that his Majerty*s fubjefts (hould be prevented from interrupting in any manner, by their com- petition, the aforefaid filhery of the fubjetls of his mofl Chriftian Majefty, during the temporary exercife thereof which is granted to them on the coall of Newfoundlatid ; and that all permanenteftabliflimentsonthatpart of the coaft allotted to the French fifhermen fliould be removed ; and that fuch fifher- men fhould be in no manner molefted, contrary to the tenor of the faid treaty, and the good faith thereof: In order, therefore, that his Majefty may be the better enabled to carry the faid feveral treaties and declarations into faithful and punftual execution, and to make fuch regulations as may be expedient, refpeiling the filhery, in the manner herein-after mentioned, be it enacted by the King's moft Excellent Majefty, by and with the ivice and con- fent of the Lords fpiriturl and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame^ That it (hall and may be lawful for his Majefty, his heirs and fuccelTors, by advice of council, from time to time, to' give fuch orders and inftruftions to the go- vernor of Newfoundland,, or to any officer or officers on that flation, as he or they fliall APPENDIX. Ixxxix fliall deem proper and neceffary to fulfil f"r'"(j!P*j?i"^*' the purpofes of the definitive treaty and purpofcsofthe declaration aforefaid j and, if it fliall be jre^iy of r*r. neceffary to that end, to give orders and (h' "cWaMoa- infttuftiom to the governor, or other io the Frenck officer or officers aforefaid, to remove, or Kcife'd.^^''** caufe to be removed, any ftages, flakes, train vats, or other works whatever, for the purpofe of carrying on fifhery, erefled by his Majefty's fubjeds on that part of the coaft of Newfoundland which lies be- ' tween Cape Saint John, pafling to the ' north, and defcending by the weftern coaft of the faid ifland to the place called Cape Rage, and alfo all fhips, veffels, and boats, belonging to his Majefty's fubjeds, which fhall be found within the limits aforefaid, and alfo, in cafe of refufal to depart from within the limits aforefaid, to compel any of his Majefty's fubjefts to depart from thence ; any law, ufage, or cuftom, to the contrary notwithftanding. 2. And be it further enadted by the au- Perfcns refuf- thority aforefaid. That if any perfon or lo^treXec""* perfons Ihall refufe, upon requifition made tions of the by the governor, or any officer or officers ^"7'?°'^' ^z" CL- °j t-'- r ri'-it/T lortcit zoo/, attmg under him, in purluance or his Ma- jefly's orders or inflrudtions as aforefaid, to depart from within the limits aforefaid, or otherwife to conform to fuch requifition and directions as fuch governor, or other officer as aforefaid, {hall make or give, for the purpofes aforefaid, every fuch perfon or perfons fo refufing, or otherwife ofl:ending againft !■ "I. ■ It'! ' .1" hi. 4 W' 'M APPENDIX. againfl the fame, fhall forfeit the fum of How penalties *^^ hundred pounds, to be recovered in 9ft to be re- the court of fellion, or court of vice ad- ' 5JpU;j*. *"** niir^Ity in the faid ifland of Newfoundland, or by biU, plaint, or information, in any of his Majelly's courts of record at We/l- mhifier ; one moiety of fuch penalty to belong tp' his IVIajelly, his heirs and fucr cefTors, and the other moiety to fuch per- fon or perfons as fliall fue or profecute for limitation of ^^e fame : Provided always, that every fuch fuit or profecution, if the fame be com^ menced in NeivfoimdlaiuU ihall be com- menced within three months, and if com- menced in any of his Majerty's courts of record at Wejijninjier, within twelve months from the time of the commiirion of fuch offence. fUItfi. ■a.r. ^l^' APPENDIX, 385l 29 GEO. Ill, Cap. 53i ^n ad: for further encouraging and regU' lating the Newfoundland, Greenland, and fouthern whale Jijheries, WHEREAS, as well by immemorial ufage as by the provifions of former laws, the right and privilege of drying fifh on the iflaiid of Ncicfoundland do not be- long jto any of his Majelty's fubjeds ar- riving there, except from Great Britain, or one of his Majefty*s dominions in Europe ; for preventing frauds, and thereby better fecuring to his Maje{ly*s faid fubjeds of Great Britain, and of the other Britijh do- minions in Europe, the full advantages of the fifliery carried on from thence, and of drying filh on the Ihores of the ifland of Newfoundland, be it declared and enafted \)y the King's moil excellent Majefty, by and with the advice and 'confent of the Lords fpiritual and temporal, and Ci . - mons, in this prefent Parliament affem- bled, and by the authority of the fame. That no fifh, taken or caught by any of his Majelly's fubjecls, or other perfons, arriv- ing at Newfoundland or its dependencies, or on the banks of the faid ifland, except from Great Britain, or one of the Brilifh dominions in Europe, fhall be permitted to be landed or dried on the faid ifland of Newfoundland, Preamble. No fifli, unlefs ruiight byfub- je•■.■■■ , • ■'!•■ "I «8 C^«. IIT, cap. to, re- cited, and after paffing this it\ the three (hips entitled to the bounties thereby grant- ed on doubling Cape Horn, or pafling throuKh the Stretghts of Magellan to be entitled thereto, if they fliall not ret-; III in lefs than 1 6 months, and by uci..^ JO, in ihf. liirond year r>fter . it^ring out. A P I^ E N i) I X. 3. And whereas by an a£l pafled in tijft twenty-eighth year of his prefent Majefty'S reign, intituled. An a^ fir amending ah a6l, made in the twenty-ftxth year of hh prefent Majcfifs reign, for the encourage- ment of the fouthern whale fiflieiry, afid for making further proviftom for that ptlrpofe, the three /hips or veflels, which are intitled to the premiunls therein granted on their doubling Cape Horn, or pafling through the Streights of Magellan, are required hot to return in lefs time than eighteen months, and it is thought fufficient that fuch fhips or veflels lliould be obliged to continue out no longer than fixteen months ; be it therefore further enaded by the authority aforefrfid, Tliat the owner or owners of fuch of the faiJ three fhips or veflels which ihall fail aftet the palfing this a£l, fliall be intitled to the faid additional premiums, granted by the faid act of the twenty-eighth year of his prefent Majefly*s reign, under the con- ditions, regulations, and refl:ri<5lk)ns, in the faid aft mentioned, in cafe fuch fhips or vefl'els fhall not return in lefs time than fixteen months, from the time of her clearing out, and on or before the firft day of December, in the fecond year after that in which fuch fhip or vcfl'el Ihall have fitted and cleared out. Owners of 4. And whercas doubts have arifen pfS with whether the owner of any ihip or veflel the other urn- fhall bc intitlcd to the premiums granted clitic)n« of the Uy APPENDIX. xcv rccittd afls, to be entitlol to the pre- miums, tho* they do not clear out fpecially fVr the latitude's therein f|>eci- fied. by the faid laft mentioned a£ls paflfed m the twenty-fixth and twenty-eighth years of his prel'ent Majefty's reign, unlefs fuch Ihip or veitel fhall have cleared out fpe- cially for the refpedive latitudes therein fpecified; be it further declared and enabled by the authority aforefaid, That the owner or owners of any fhip or veffel fhall not be obliged to clear out fpecially for the refpedive latitudes fpecified in the faid afts, but fhall be intitled to the premiums thereby granted, on complying with all the other conditions, regulations, and re(tri6tions, impofed by the laid adls. 5. And whereas by an a5l:, made and »* ^"'' ^"* palled in the twenty-fixth year of the reign ^^^* *** of his prefent Majefty, intituled. An act for the further fupport and encouragement of the Jijhcrh's carried on in the Greenland Seas and Davis's Streights, it is among other things enabled, That every fliip fhall have on board apprentices inden- tured for the fpace of three years at the lead, who fhall not exceed the age of eighteen years, nor be under fourteen years of age, at the time they fhall be lb indentured, in the proportion of one apprentice at the IcLifl for every thirty- iive tons burthen, and one frelh or green, man for every fifty tons burthen, which apprentices and frelli or green men Tiiall be accounted in the number of men re- quired to be on board fvch fhip as afore- faid : And whereas bv another aft, mac-c and II ■li' ;; m xcvf APPENDIX. i ^^r^ 96 Geo. lit, cap. 5o> m|pr ^f^'' P^^ l&^ W iiS^^^: and tS f ''' "' ■■ C^ff, I IT, cnp. 1 •'■ '■• " ao, recited. and pafTed in the twenty-fixth year of his prefent Majefty's reign, intituled, j4n ad for 'be encouragement of the font hern luhale fijhery, ir is among other things enacted. That no premium granted by that art Ihail be paid or allowed to any perfon or perfons whatever, for or on account of any fhip or veflel employed in the afore- faid fifliery, unlcfs fuch fliip or veflel fliall have on board an apprentice indentured for the fpace of three years at the leaft, for every fifty tons burthen of fuch Ihip or veffel by admeafurement, every fuch apprentice not exceeding the age of eigh- teen years, nor being under fourteen years^ at the time he fliall be fo indentured : And whereas by another a3:, made arid pafied in the twenty-eighth year of the reign of his prefent Majefty, intituled. An ail for amending an ad, made in the twenty fixth year of his prefent MajeJ}y*s reign, for the encouragement of the fouthern v/hale fifliery, and for ?naking further provifions for that furpofc, it is, amongft other things, enaiEted, That the feveral addi- tional premiums granted by that act Ihall be paid in fuch and the like manner, and tinder fuch and the like conditions, ruleSj regulations, and reftridions, as are di- re&ed and prefcribed in and by the faid ad, made and paflfed in the twenty-fixth year of the reign of his prefent Majefty, intituled, An ad for the ejicouragement of the fouthern whale fijhcry : And whereas it is expedient that provifion Ihould be made a , to APPENDIX. xcvn After Jnn. i, 1790, any m.ilfer prr- miiting ail ;ip(i' <-iitice, inilt.itiir 'i ptniuant o the rcL-ited a<5ks, to quit his fervice befoic the expiration of his tKvm, to fujttic 50/. i to to oblige the mafters of fhips or veflels, or the perfons to whom apprentices fhall be bound in purfuance of the a£ts herein- before refpeftively recited, to keep fiich apprentices in their fervice for the time they Jhall be indentured : Be it therefore further enafted by the authority aforefaid. That, from and after the firfl day of January one thoufand feven hundred and ninety, if the nuifler of any Ihip or veflel, or any other perfon or perfons whatever, to whom any apprentice or apprentices (hall be indentured purfuant to the faid herein-before recited afts, ihall permit or fuffer any fuch apprentice or apprentices to quit, leave, or depart, his or their fervice on any pretence whatever, except as herein-after is provided, before the expiration of the term for which he or they fhall be bound, every fuch mafter or other perfon ihall forfeit and pay, for each and every offence, the fum of fifty pounds ; to be recovered by adion of debt, bill, plaint, or information, in any of his Majefty*s courtr, of record, in which no wager of N\y, no eflbin, nor any more than one imparlance, (liall be allowed. 6. Provided neverthelefs. That nothing JJpJ'J^f'^^J' herein contained fhall extend, or be con- L oiiciiarged flrued to extend, to inflid the aforefaid ^\l^'^]^^^^ f^' penalty in any cafe where any apprentice or fm Ii d 'over tji apprentices fliall be legally difcharged auo.ha maf- beiore a magiftrate or juftice of the peace, hOienci. '' I O i or '.I' ' I I M 5'::il xcvlli APPENDIX. *S: No prenjinm to be piid iin- ikr the recited aMs, iiiilrrs th; naint-s uf th; (hips on board wlii-h appi entices are huuiut to i'erve, br in- feited ill the indentures. ThU nO. not to extend to ftiips clea-ed our, and which (h-ll hg'e r?.iitd, bJare tlie coiiin:eiice- iXiuut iheieof. or fhall be turned over from one perfon to another perlbn, concerned in either of the aforcfiiid fiflieries, to fcrve the remainder of his time in fuch filhcries, purfuant to tile dii '^ions of the faid a<5ls herein-hefore recited, 7. Provided alfo, and it is hereby de- clared. That no bounty or premium fhall be paid or allowed by virtue of the faid recited a£l:s, or either of them, in any cafe, unlefs there fhall be inferted in the indenture or indentures of each and every apprentice or apprentices, wlio fhall be indentured by virtue of the fuid recited afts, or either of theni, or who fhall be turned over fi )m one perfon tq another, purfuant to this adt, the name or names of the fhip or veflll, or fhips or veffels, on board of which fuch apprentice or ap^ prentices is or arc bound to ferve. i^ft 8. Provided alfo. That nothing in thi$ flidll extend, or be conflrued to ex- U'nd, to take away any bounty or pre- miun which may become due by virtue of the faid recited afts, or either of them, in any cafe where the fhip or vl flel fhall have bona fide cleared out on the lifhcry, and proceeded from Great BvUaiu^ before tht commencement of this act, , • . ■-«'; \ ' • APPENDIX. XCIX i 31 GEO. III. Cap. 29. ! 'a- ii UW- 15 Geo. Ill, All (7t7 /or e/labUjJjing a court of civil jurif" dillion in the ijland of Newfoundland, for < limited time, WHEREAS, by an a^, pafTcdin the PreambK fifteenth year of his pn-fei jedy's reign, intituled. An a6l J-ji cturagcmcnt of the fijhcries carried i Great liritain, Ireland, nnd the Brii 7ninions in Europe, and for fe curing the rC" turn of the fifl:)er7nen^ failors, mid others cm-- ployed in ihefaidfijheries, to the ports thereof at the end of the fijhing fcafon, it was, amongd other things, enacted. That all . difputes which fliould aril^ concerning the wages of every and any fuch feaman or fifher- man,and all offences which Ihould be com- initted by every hirer or employer of fuch feaman or fiihernK n againit that act, fhould and might be enquired of, heard, and de- termined ; and the penalties and forfeitures thereby incurred ihould and might be re- covered in the court of fcllion in the faid ai^ mentioned, or in the court of vice ad- miralty having jurifdidlion in the ifland of Newfoundland : And whereas, by another a<^l:, paifed in the twenty-fixth year of the reii^n of his prcfent Majefty, intituled, An acl to amend and render more effectual md a 6 Geo. the prsfent laws now in force for encouraging '''» ^^v- *6» [ G 2 ] tht "*^'''^ * :!lJl!l % 1 w % nil IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1^128 |2.5 |jo ■^" SUOM 1^ lU 12.2 2.0 ■ 40 1 1.25 III ..4 ,^ < 6" ► Photographic Sciences Corporation 33 WKT MAIN STRMT WMSTIR.N.Y. M5M (716) •72-4S03 s v V ^\ '^ 'i APPENDIX. the Jijheries carried on at Newfoundland, and parts adjacent^ from Great Britain, Ireland, and the Britilh dominions in Europe ; and for granting bounties, for a limited titne, on certain terms and conditions f fo much of the faid firft- mentioned aft, as gives any jurifdidlion to the court of vice- admiralty for the faid ifland of Newfound^ land, with refped to inquiring, hearing, ?ind determining difputes concerning the wages of any feanian of fiftierman, or any offence committed by any hirer or employ- er of fuch feaman or fifherm^n, or any controverlies or differences arifmg from their contra£ts or agreements, fhould be, and the fame was thereby repealed : And whereas the provifions made by thefaid firft- mentioned a6t, for the adminiftration of juflice in civil cafes, are infufficient, and it is highly expedient that a court of civil jurifdiftioh, having cognizance of all plea$ of debt, account, contrads refpeding per- ' fonal property, and all trefpaffes againft the perfon, goods, or chattels, fliould be eftablifhed in the faid ifland of Newfound- land, for a limited time ; be it therefore 6naded by the King's moft excellent Ma-» jefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this prefent Parli?iment af- fembled, and by the authority of the fame, HisMijcfty That it ftiall and may be lawful for his mas conttitutc Majefty, by his conimiffion under the iuiifiiictirn at great leal, to mltitute a court or civil ^-•wfoutialand, jurifdiftion, with fyll power and au- thority APPENDIX. thority to hear and determine, in a fum- mary way, all pleas of debt, account, contrafts refpeding perfonal property, and all trefpafies committed againft the perfon or goods and chattels in the ifland of Newjfoundland^ and iflands and parts adja- cent, or on the banks of the faid ifland of Newfoundland', which court fhall confift of a chief judge, to be appointed by his Majefty, and two afleffors, to be appointed by the governor of the faid ifland, from time to time ; which chief judge, together with any one of fuch affeffors, fhall have full power and authority to hear and determine all pleas by this a£l cognizable by the faid court of civil jurifdiftion ; and fliall have fuch clerks, and other miniflerial officers, as the chief judge fhall think proper to appoint; and that fuch falari^s fhall be paid to the chief judge aforefaid, as his Majefly, his heirs and fuccefTors, fiiall approve and dired ; and fuch falaries be paid to the affefTors, and to the clerks, and miniflerial officers aforefaid, as fhall be approved by the faid chief judge, with the confent of the governor of the ifland of Newfoundland', which feveral falaries fhall refpeftively be in Heu of all other profits and emoluments whatever ; and fuch court fhall be a court of record, and (hall have all fuch powers as by the law of England aire incident and belonging to a court of record J any thing in the faid firft-men- ■:- ,, [ G 3 ] tioned « n i r k m U cu The manner in whicti the court IS lo A P P E N I> I X. tioned a6t contained to the contrary not- withftanding. ' , , . ^ 2. And be it further enafted, That the faid court fhall proceed by complaint in writing, and by fummons of the defendant, in all cafes where the complaint is for a fum under five pounds ; and by arreft of the defendant, and attachment of his goods and debts, or of his effects in the hands of any other perfon, where the complaint is for more than the fum of five pounds ; and fucb court fhall have power and authority to pafs j.udgement, and give cofts, in fuch pleas, and award execution, either by levy and fale of the goods and chattels, or ar- reft of the perfon of the plaintiff or de- fendant, and alfo of the goods, debts, and effefts of the defendant fo attached. An appeal to 3. Provided always. That in all pleas, his Majefty in ^hgrg (^q [^^^^ for -yvhich judgement fhall council mav be ,, . n ^^ l made, where be given Ihall amount to more than one jiuigement is hundred pounds, it fhall be lawful for the Kivtn for more \ • 'rr i r i 1 r i_ tlianioo/. plamtitr or defendant, as the calc may be, to appeal to his Majefty in council, and upon notice of fuch appeal being fignified to the chief judge of fuch court, within fourteen days after fuch judgement paffed, and fecurity given, to the fatisfaftion of the faid chief judge, for profecuting fuch appeal, the execution of fuch judgement iliall be ftayed* ./•" 4. And APPENDIX. Cllj not* and 4. And be it further ena£Vedi That while the go- during the time the governor of the faid dem^difJutVt* ifland (hall continue to be refident in the concerning faid ifland, or parts adjacent, no difputes wa?e8"to be which fhall arife concerning the wages of hrardoniy in any feaman or fifherman fliall be heard and 't*iiTJ!-iidiI- determined in the court of feifion mentioned tion i in the faid firft-mentioned aft, but only in the court of civil jurifdiftion which Ihall be inftituted by virtue of this act. ., .^ '. 5. Provided always. That nothing in when he is not this a£b contained fhall extend to prevent may be WarJI the court of feifion aforefaid from hearing J" ^^^ court of and determining fuch difputes as aforefaid, * *°"' when the governor fliall not be refident in the faid iiland, or parts adjacent. 6. And be it further enaded. That no Limitation of fait fhall be commenced in the faid court aitions. of civil jurifdidion where the caufe of adion fhall have arifen more than two years be- fore fuch commencemenr, nor fliall be heard and determined in the faid court of civil jurifdidion, except during the refidence of the governor within the limits of his go- vernment ; and that this ad fhall com- continuance mence from the tenth day of yune one of att. thoufand feven hundred and ninety-one, and fhall have continuance for one year, and unto the end of the ^hen next feflion of Parliament. • 1 i And ■)< [G4] ^19 APPENDIX. /y.. <^j? <-?<5~ ^ / Preamble. : ' 32 GEO. III. Cap. 46. ^» a^ for e/lablijhing courts of judicature in the ijland of Newfoundland, and the ' ijlands adjacent. H's M.'fiefty, UHJrr the great feal, criminal pnd civil jurildJc- tion at NiiV' FOR the better adminiftration of juftice in the ifland of Newfoundland, and the iflands adjacent ; be it enaded by the King's mofl excellent M^jefty, by and with the advice and confent of the Lords fpiri- tual and temporal, and Commons, in this prefent parliament affembled, and by the authority of the fame. That it fhall and may be lawful for his Majefly, by his corn- may inititute miflion under the great feal, to inftitute a a court of court of criminal and civil jurifdi6lion, to be called, The fupreme court of judicature of the ijland of Newfoundland, with full power and authority to hold plea of all crimes and mifdemeanors committed within the ifland oi Newfoundland, and on the iflands and feas to which fliips or veflels repair from the ifland of Newfoundland, for carrying on the fifhery, and on the banks of Newfoundland^ in the fame manner as plea is holden of crimes and mifdemeanors committed in that part of Great Britain called England ^ and alfo with full power and authority to hold plea, as herein-after mentioned, of all fuits and complaints of a civil nature, arifihg within the ifland of Newfoundland, and on the iflands and feas aforefaid, and on the banks of Newfoundland ^ which cout f!i.' A P P E N,D I X. court fhall determine fuch fuits and com- {>laints of a civil nature, according to the aw of England, as far as the fame can be applied to fuits and complaints arifing in the iflands and places aforefaid ; and the faid court (hall be a court of record, and fliall be holden by a chief juftice to be ap- pointed by his Majefty, who (hall have fuU power and authority to enquire of, hear, and determine all crimes and mifdemean- ours, fuits, and complaints, cognizable in the faid court ; and fuch court ihall havs fuch clerks and miniderial officers as the chief juftice fliall think proper to appoint ; and fuch falary fhall be paid to the faid chief juftice, as his Majefty, his heirs and fucceffors, fliall approve and direft, and fuch falaries be paid to the clerks and mi- nifterial ofHcers aforefaid, as fliall be ap- proved by the chief juftice, with the con- sent of the governor of the ifland of New- foundland; which feveral falaries fliall re- ipedively be in lieu of all other profits and emoluments whatfoever. k\ 2. And be. it further cnafted, That it Thegovemor, fliall be lawful for the governor of the WcVof^thV ifland of Newfoundland, with the advice of chief juftice, fuch chief juftice, from time to time, to SrJogafe"*"* inftitute courts of civil jurifdiftion, to be couru, etf, C2l\ed furrogafe courts, in different parts of the ifland of Newfoundlahd, and the iflands aforefaid, as occafion fliaill require, with full power and authority to hear and de- termine, in the like fummary way, all fuits and CVl APPENDIX. and complaints of a civil nature arlfin^ within the ifland of Newfoundland^ and on the iflands and feas aforefaid, and on the banks of Newfoundland ; which courts (hall refpe^lively be courts of record, and (hall determine according to the hiw of England, as far as the fame can be applied to fuits and complaints arifmg in the iflands and places aforefaid; and the faid courts re- fpedively fhall be holden by a furrogate, to be appointed from time to time by the governor of the faid ifland, with the ap- probation of fuch chief juftice, and fliall have full power and authority to hear and determine all fuits and complaints cogni- zable in the faid court ; and the faid court fhall have fuch clerks and minifterial of- ficers, with fuch falaries as the chief juftice fhall appoint, which falaries fliall be in lieu of all profits and emoluments whatever. COUltS. Mode of pro- 3« And be It further enabled, That it . cetdiiifts in fjjall be lawful for the faid fupreme courts aivi liirrogat* ^nd furrogatc courts refpedtively, when any fuit or complaint fhall be depending therein, to caufe to appear from day to day, all perfons interefted in the matter in . difpute, and to examine upon oath fuch of them as it fhall be deemed proper, for bet- ■ ter difcovering the truth, and thereupon, and after due confideration of all circum- flances, to make fuch order, judgement, or decree therein, and award fuch damag /' and cofl:s, as the cafe (hall require; and that in all cafes where the caufe of any . fuit mM ->:..i APPENDIX. cvu fult or complaint fliall not exceed five pounds, the party who is to anfwer fuch I'uit or complaint (hall be made to appear in court by fummons, and in all cafes where fuch fummons fhall be difobeyed, or where the caufe of any fuit or complaint fliall exceed five pounds, then that the par- ty who is to anfwer fuch fuit or complaint may be caufed to appear by attachment of his or her goods, debts, or effedls, or by arreft of the perfon, and that the execu- tion of any order, judgement, or decree may be enforced by attachment of the goods, debts, or credits of the party, or by arreft of the perfon again !l whom fuch order, judgement, or decree fliall be made; and that it fhall and may be lawful i\)Y the faid chief juftice and furrogates refpeftive- ly, to authorize fome perfon in his or their abfence refpedHvely, to iffue procefs, and do all a^'^s appertaining to the faid fupreme court, and larrogate courts refj)edively, fave and except the enquiring of, hearing, and determining of any crime or mifde- meanor, or any fuit or complaint of a civil nature. 4. And be it further enafted by the au- thority aiv'((faid. That, where the caufe of aftion fhall exceed the fum of ten pounds, and it fhall be prayed by the defendant in fuch fuit or complaint, that a jury may be fummoned to try fuch aftion, it fhall be lawful for the faid chief juftice and fur- rogates refpe^ively, and he and they are ., ; - . .- ,- -^. hereby In nflions exceeding loA jur Ts in:iy be fummoned, b'lt if a fiiffi. cient number (\\ >iil(t not appear, two affflTrs with the chief juf- tice or furro- gate-, may proceed to triali i >"-.< cviii APPENDIX. Appeals may be inaJe from jiHlgenient.'f the ment, intituled, An a6l for ejiablijhing a luprcmecourt. ^^^^^ ^ ^;^y jurifdiaion in the tjland of Newfoundland, for a limited time, which aft was to have continued in force from the tenth day of June one thoufand feven hundred and ninety-one, for one year, and unto the end of the then next felTion 7 ©f APPENDIX. ••• CXIU of of Parliament, fliall be and continue in force until the opening of the fupreme court inftituted by virtue of this a£t, and no longer ; and every fuit or complaint v^hich fhall at that time be depending in the faid court of civil jurifdi6tion, fhall and may be proceeded upon in the faid fupreme court, in the fame manner as any fuit or complaint originally commenced in the faid fupreme court. 12. And be it further enafted, That it fliall not be lawful for any court in the iiland of Newfoundland ^ or iflands afore- faid (except the fupreme court and the furrogate courts appointed by virtue of this aft) to hold plea of any fuit or complaint of a civil nature, any law, cuftom, or ufage, to the contrary notwithftanding : Provided neverthelefs, that the court of vice admiralty having jurifdidion in the faid ifland, fliall and may hold plea of ma- ritime caufes (except only the wages of feamen and fifliermen, which are to be heard and determined in manner herein- after direfted), and caules of the revenue, as heretofore pradifed and ufed : Provided alfo, that all difputes which fliall arife con- cerning the wages of any feaman or fiftier- man, and all offences which ihall be com- mitted by any hirer or employer of fuch feaman or filherman, againfl this or any other aft, relating to the ifland of New- foundland, or the iflands and feas aforefaid, or the fifliery thereof, fliall and may be heard and determined, and the penalties [H] and No court, ex- cept the i'u- preme and liinofjate couits, to hold plf ns of a civil iiJtui'f. Vice admiral, ty court may hold plea ot maritime caulfS (except for wapes), and c.iiiles of revejtue. Difputes re- fpeding wages cf (eamen,&r. may be heard, in the court of (clilons, or be- fore two j uftices* p . m#: cxiv APPENDIX. and forfeitures thereby incurred ftiaU id may be recovered in the court of feil ^.s, or before any two juftices of the peace. Suits for debts i^. Provided alfo, and be it enafted, 40 /.'may be^ That it (hall be lawful for the court of M- determined in fion, in a fummary way, to hear and de- iayrSv? termine all fuits for the payment of debts not exceeding forty fliillings, and not con- trafted more than one year before the com- mencement of fuch fuits refpeftively ; and it fiiall be lawful for the court of feffion, or fuch two juftices refpeftivcly, to award cofts therem ; and fuch determination and award fhall be final, and ihall be carried into execution by attachment and fale of the goods and effects of the party againft . whom the determination was made. 14. And be it further enafted. That it fliall be lawful for the faid chief juftice to fettle fuch forms of procel's, and fuch rules of practice and proceeding, for the conduft of all pleas, fuits, and complaints, and for the difpatch of the bufinefs of the faid fu- preme court, andfurrogatecourts, and of the bufinefs in the courts of feffion, or before any on,e or more juftices of the peace refpectively, and to appoint fuch reafonable fees to be taken . for the conduct and difpatch of pleas, fuits, complaints, and other bufinefs as aforefaid, and for the granting adminiftration of the effects of inteftates, and for the probate of wills, as fliall feem neceflary and proper for expediting matters with the moft conve- nience and leaft expence to the parties con* cerned therein -, and fuch procefs, and rules 4. of Chief juftice to lettie forms of procefs, »nd appoint the fees to be tdkeu ill the court3« ete. APPENDIX. CXT ii^aS% onve- con-. rules of of praftice and proceeding, (hall be fol-. lowed and obeyed ; and fuch fees fhall be paid accordingly, and no other ; and that Fees in furro- all fuch fees received in any furrogate court §f J'^countVc? fliall be paid and accounted for by the fur- for' in the (u- rogate in the faid fupreme court ; and that P^^"^* ^°"'"'- it fhall be lawful for the faid chief juftice, and he is hereby required to fettle and li- mit what fees and poundage fhall be taken by the fheriff of Newfoundland, and the fame fhall be taken, and none other. 15. And be it further enaflcd, That all Forthercco- fines, penalties, and forfeitures, impofed 'f/y ?"'* ^f by any act or rarhament made, or which penalties. fhall hereafter be made, relating to the ifland of Newfound la7id, or the fiihery thereof, may be recovered in a fummary way in the faid fupreme court, or in any furrogate court ; and every penalty and forfeiture of the fum of ten pounds or under, may be recovered in the court of feffion, or before any one or more juftices of the peace; and all fines, penalties, andfor- feitures impofed, paid, or levied in any fur- rogate court, or in :my court of feffion, or be- fore any one or more juflices of the peace, fhall be forthwith edreated, and paid into the faid fupreme court by the furrogate, .., or by the juflice or juflices of the peace refpedively, before whom they were reco- vered ; and it fhall be lawful for the faid fupreme court to iffue procefs for better compelling fuch juftices and furrogates to bring to account all monies which ought to be fo paid and accounted for as aforefaid ; and all money arifing from fuch fees, fines, 5 penalties, Limitation •f aftioni. ocvi APPENDIX. penalties, and forfeitures Ihallbe applied and appropriated towards defraying the expence of carrying this a& into execution. 1 6. And be it further enaded, That if any adion or fuit (hall be brought or commenced againfl any perfon for any thing done in purfuance of this ad, fuch ' a6lion or fuit mail be commenced within fix months next after the matter or thing done; and the defendant in fuch fuit or General iffue. aflion nxay plead the general iflue, and give this ad and the fpecial matter in evi- dence at any trial to be had thereupon ; V and if a verdift fhall pafs for the defendant, or the plaintiff fhall be nonfuited, or dif« continue his adion after the defendant has appeared, or if judgement fhall be given, upon any verdid or demurrer, againfl the Treble cofcs. plaintiff, the defendant fhall recover treble cofls, and have the like remedy for the fame as defendants have in other cafes by law. 17. And be it further enaded by the authority aforefaid. That no officer what- ever, being in the fervice of his Majefty's cufloms in the ifland i^i Newfoundland^ fhall be capable of ading as a juflice of the peace in and for the faid ifland. 18. And be it further enaded. That this ad fhall continue in force until the tenth day of June one thoufand feven hun- dred and ninety-three, and from thence to the end of the then next feffion of Parlia- ment. No officer of the cuftoms capable of act- ing at a juf- tice. Continuance of this aft. \ '■'*' F I N I S.. edand cpence . . w That 5ht or r any , Aich vithin thing, nit or , and 1 evi- ponj dant, rdif- t has iven, kthe reble fame iw. the hat. ly's ind, e of V/, 'hat the unn, ?to lia«