1708, June 26.

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[Encouraging Trade to Newfoundland.]

BY THE QUEEN.

A PROCLAMATION.

Anne R.

Whereas by Act of Parliament made in the Tenth and Eleventh Years of the Reign of the late King William the Third, Intituled, An Act to Encourage the Trade to Newfoundland;[1] It was, amongst other Things, Enacted, That from thenceforth all His Majesties Subjects of this Realm, or the Dominions thereto belonging, Trading to Newfoundland, should have Free Trade and Liberty to Take, Bait, and Fish in any the Rivers, Lakes, Creeks, Harbours, or Roads, in or about Newfoundland, the Seas, and Islands thereto adjacent, and to go on Shore on any Part of Newfoundland, or the said Islands, for the Curing, Salting, Drying, and Husbanding of their Fish, and Making Oyl, and to Cut down Wood for Building or Repairing of Stages, Ship-Rooms, Train-Fats, Hurdles, Ships, Boats, and other Necessaries; but that no Alien, or Stranger should Take any Bait, or Use any sort of Trade or Fishing whatsoever, in Newfoundland, or in any of the Places above-mentioned; and that after the Five and twentieth of March, One thousand seven hundred, no Balast, Prest, Stones, or other Things hurtful to the Harbours, should be Thrown out of any Ship or otherwise, but shall be Carried on Shore. And it is thereby further Enacted, That no Person should Destroy or Damage any such Stage or Cook-Room, or any Thing thereto belonging, but should be content with such Stage or Stages only as are needful for them, and leave the same Undamaged; and the same shall be Repaired with Timber fetcht out of the Woods there, and not by the Ruining of other Stages. And it is thereby further Enacted, That whoever should, after the said Five and twentieth Day of March, first Enter with his Fishing-Ship any Harbour or Creek in Newfoundland, should be for that Season Admiral of the said Harbour or Creek, and should Reserve so much Beech or Flakes as should be necessary for his Boats, and One over, as a Privilege for his first Coming thither; and the Master of the Second Fishing-Ship Entring such Harbour or Creek, shall be Vice-Admiral; and the Master of the Third Ship so Entring, Rear-Admiral for that Season; and that the Master of every Fishing-Ship there, shall take no more Beech or Flakes than for necessary Use; and Persons Possessed of several Places in several Harbours there, shall make Election in which he or they will Abide, within Eight and forty Hours after Demand by any After-comer; And the Admiral of the respective Harbours shall determine all Differences touching that Matter. And it is thereby further Enacted, That all Inhabitants and others, who have Possessed themselves of any Stage, Cook-Room, Beech, or other Place in the said Harbours, which before that time belonged to Fishing-Ships, for the Taking Bait, Fishing, Drying, Curing and Husbanding of Fish, since the Year One thousand six hundred eighty five, should before the said Five and twentieth Day of March, leave the same for the Publick Use of the Fishing-Ships arriving there; and that no Fisherman or Inhabitant in Newfoundland, or other Person, should after the said Five and twentieth Day of March, Possess himself of any the Stages, Cook-Rooms, Beeches, or other Places which, since the Year One thousand six hundred eighty five, did, or thereafter should belong to any Fishing-Ship, before the Arrival of the Fishing-Ships from England, Wales or Berwick, and until such Ships be Provided with Stages, Cook-Rooms, Beeches, and other Places, for taking Bait and Fishing, and for Drying, Curing and Husbanding of Fish: Provided that such Persons, as since the Five and twentieth of March, One thousand six hundred eighty five, have or thereafter should Build any Houses, Stages, Cook-Rooms, Train-Fats, or other Conveniencies for Fishing there, that did not, since the Year One thousand six hundred eighty five, belong to Fishing-Ships, should peaceably enjoy the same. And it is thereby further Enacted, That no By-Boat-Keepers should meddle with any House, Stage, Cook-Room, Train-Fat or other Conveniency, that did, since the Year One thousand six hundred eighty five, belong to Fishing-Ships, or should be made by Ships after the Five and twentieth Day of March, One thousand seven hundred; and that every Master of a By-Boat should carry at least Two Fresh Men in Six, (viz.) One that has made but One Voyage, and One that never was at Sea before; and that every Inhabitant should be obliged to Imploy Two such Fresh Men, as the By-Boat-Keepers are obliged for every By-Boat kept by them; and the Master of every Fishing-Ship should Carry One such Fresh Man that never was at Sea before, in every Five Men they carry; and the Master of every By-Boat, or Fishing-Ship, should make Oath before the Collector, or Principal Officer of the Customs of the Port (which Officers are thereby Impowered to give the said Oath) whence such Ship intends to Sail, That they have such Fresh Men as the said Act directs, and should have a Certificate thereof gratis; And that the Master of any Fishing-Ship, going to Newfoundland, after the said Five and twentieth Day of March, should have One in every Five that is not a Seaman. And it is thereby further Enacted, That no Person should after the said Five and twentieth Day of March, Cut out, or Alter the Mark of any Boat or Train-Fat, to defraud the Owner, or remove the same whence they were left by the Owner, unless in case of necessity, and that upon Notice to the Admiral of the Place; and that no Person should Rind Trees in the Woods growing there, nor set on fire, or Damage the same, except for Fuel for the Ships and Inhabitants, or for Building or Repairs of Houses, Ships, Boats, and Train-Fats, and of the Stages, Cook-Rooms, Beeches, and other Places for taking Bait, Fishing, and Husbanding of Fish there, nor cast Anchor, or do any other Thing so as to Annoy the Haling of Sayns in the usual Baiting Places, or shoot their Sayns upon the Sayns of others, nor steal the Sayns of others, nor any Bait out of anothers Fishing-Boat or Net: And the Admirals of every Port or Harbour in Newfoundland, are required to see the Rules and Orders in the said Act for Regulating the Fishery duly put in Execution, and Yearly to keep a Journal of all Ships, Boats, Stages, Train-Fats, and Seamen in their respective Harbours, and Deliver a Copy thereof to the Privy-Council at their Return to England. And it is thereby further Enacted, That all Differences arising in Newfoundland, or any the Islands there, about the Right and Property of Fishing-Rooms, Stages, Flakes or other Conveniency for Fishing or Curing of Fish, shall be determined by the Fishing Admirals in the several Harbours; and an Appeal is given from such Judgment to the Commanders of the Men of War appointed Convoys for Newfoundland: And that the Inhabitants of Newfoundland, and the Islands adjacent, should strictly observe the Lords Day: And that no Publick-House should on that Day sell any Wine, Beer, Ale, Cyder, or other Strong-Waters, or Tobacco, or other Liquors. And whereas We have been informed of several Abuses by the Masters of Ships, and the Inhabitants, and others contrary to the said Act, (viz.) That the Inhabitants do Rind the Trees, and Ingross and Incroach upon Fishing Ship-Rooms, and destroy several of the Stages, Flakes and Cook-Rooms, and that the Fishing Admirals are negligent in their Duty of putting the said Act in Execution, and of keeping Journals of the Fishery, and that the said Fishing Admirals, being Traders themselves, are partial in their Determination of Differences, and that the Masters of Fishing-Ships, and of By-Boats, do neglect to produce Certificates of their Compliments of Green Men or Fresh Men, contrary to the said Act; Which Matters being lately taken Notice of in the Humble Address of the Knights, Citizens and Burgesses of the last Parliament, We have thought fit, by and with the Advice of Our Privy-Council, to Issue forth this Our Royal Proclamation; And We do hereby strictly Charge and Command all Our Loving Subjects, who may be any ways concerned in Putting the said Laws in Execution, that they take effectual Care to bring to Condign Punishment all manner of Persons who shall be found offending against such Act of Parliament.

Given at Our Court at Kensington, the Twenty sixth Day of June, in the Seventh Year of Our Reign.

God save the Queen.

London, Printed by Charles Bill, and the Executrix of Thomas Newcomb, deceas'd; Printers to the Queens most Excellent Majesty. 1708.

(Price Two Pence.)

1 p. folio. Copies in B. M., P. C., and P. R. O. Entered on Patent Rolls; entered in Privy Council Register, Anne, vol. 4, p. 120. Printed in "London Gazette," July 12, 1708.

FOOTNOTE:

[1] Statutes of the Realm, 10 William III, ch. 14, vol. 7, p. 515. The House of Commons on March 31, 1708, petitioned the Queen that the laws regulating trade with Newfoundland should be enforced (Commons Journals, xv, 644, 648). A long address on the subject from the Privy Council to the Queen, May 20, 1708, is printed in the Acts of the Privy Council, ii, 553.


                                                                                                                                                                                                                                                                                                           

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