From A. D. 1728, to Stat. $5, Geo. 3. PART III. pointment could not fail of its effect. But the caufe which had always operated to fufficient authority being inprevent any troduced into that place, opposed itself to this new establishment. The western merchants, who had been filent, while this measure was in agitation, were ready enough to bring complaints of its confequences, when carried into execution; and we shall foon fee the struggle made to prevent any lawful authority taking root in Newfoundland. The government foon had to regret, that they had not taken the advice of the board of trade, to bring forward a bill in parliament for correcting all the abuses, then fubfifting there; for it will be found that the oppofition raised against the civil governor and his juftices, was on account of their not deriving their authority from parliament, but only from the king in council. How futile foever this reafon may be, it had its effect in ftaggering many, and contributing to bring the of fice, and perfons bearing it, into great question, if not contempt. Mr. Ofborn, upon his arrival, proceed ed From A. D. 15, Geo. 3. ed. ed to carry into execution his commiffion. PART III. He divided the island into convenient diftricts, and appointed in each of them, out 1728, to Stat. of the inhabitants and planters of the best character, such a number of juftices of the Juftices appoint peace and constables, as feemed neceffary. In 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 districts 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 fish per boat, and half a quintal for every boats'-room, including the fhips-rooms of fhips fishing on the bank, that had no boats; with the like proportionable rate upon fuch perfons in trade as were not concerned in the fifhery; this rate was only for one fishing feafon. He erected feveral pair of stocks, and he expreffed a hope that the measures he had taken would be fufficient to fupprefs the great disorders that had fo long prevailed. But he fays he most feared, that as the beft of the magiftrates were but inean people, and not used to be subject to any government, they would be obedient to H 2 orders From A. D. 1728, to Stat. 15, Geo. 3. PART III. orders given them, no longer than they had a fuperior amongst them. He fays, that he and Lord Vere had done many acts of justice to the inhabitants and planters, particularly at Placentia,where they restored feveral plantations that Colonel Gledhill had unjustly poffeffed for feveral years; and many more might have been taken from that officer, had the real proprietors been on the spot to fue for them*, of When Lord Vere, and Mr. Ofborn, returned to England, they made a report what they had done; in order to be afcertained of the ground on which they acted, they wished the opinion of the lawofficers might be taken on fome points, and four queftions were accordingly referred to the attorney-general, then Sir Opinion on raif Philip Yorke. The main point was the 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 authofity to raise money for building a prison, by laying a tax upon fifh caught, or upon fishing-boats; the rather because Stat. 10 ing money by the juftices. Bund. O. 49. and & 11 Will. 3. directs that it fhall be a PART III. free trade, The power of juftices of the From A. D. peace in England for building gaols de- 1728, to Stat. 15, Geo, 3, pends, fays he, upon Stat. 11 & 12 Will. 3, c. 19. by which they are enabled to make an affeffment upon the feveral divifions of their refpective counties, after a prefentment made by the grand jury at the affizes, great feffions, or general gaol delivery. As the juftices of peace were by their commiffions, to act according to the law of England, he apprehended they ought to have pursued that act of parliament as nearly as the circumstances of the cafe would admit, and to have laid the tax, after a presentment by fome grand jury; and then it should have been laid upon the inhabitants, and not upon the fish or fishing-boats. So far as the people had fubmitted to this tax, there might, he faid, be no occafion to call it in question; but he could not advise the taking of rigorous methods to compel a compliance with it. As to affaulting any of the justices or conftables, or any refiftance to their authority; that, fays he, might be punished by indictment, fine, and imprisonment at From A. D. 15, Geo. 3. PART III. the quarter feffions; and for contemptuous words spoken of the juftices or their 1728, to Stat. authority, fuch offenders could only be bound to their good behaviour. Deftroying the ftocks or whipping-pofts were indictable offences. He was of opinion the justices could not decide differences relating to property, their power being restrained wholly to the criminal matters mentioned in their commiffion. He thought neither Captain Ofborn, nor the juftices had power to raise 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 acts of parliament *. Mr. Fane was likewife confulted upon these points, and was of the fame opinion; however he adds, for their lordship's con-1 fideration, admitting the Stat. 11 & 12 Will. 3. had not been ftrictly pursued, yet as the affeffment of fish was equally laid, as the people had fubmitted to it, as no other way could be thought of for raifing * 27 April 1730. Bund. O. 70. the |