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FromStat. 10 &

French plantations; that the governor had PART II. permitted French fhips to come, and had taken all power out of the hands of the fishing admirals.

In order that the poor labouring fifhermen might not suffer oppreffion and disturbance from any military, or public officer, foldier, they defired, that no military perfon, on any pretence whatfoever, fhould intermeddle with the fishery or fishermen, inha bitants, or others; nor fhould let the foldiers out to hire, nor keep futtling houses, nor have, for their private use, any house out of the lines of the fortification, or any gardens that have ferved, or may serve, for fishing rooms, according to the judgment of the fishing admirals of the harbour.

And because the commodores of late years had taken upon them to keep courts, and fend warrants to feveral remote harbours, for commanders of fishing ships, in the height of the feafon, upon frivolous complaints of idle and debauched men, and others, without the complaint being first heard by the fishing admirals, according to act of parliament,to the great prejudiceofthe fishery-they prayed, that the commodore

11 Will. 3, to A. D. 1728

From Stat. 10

A. D. 1728.

ART II. might not in future be permitted to do the like'; that all complaints might be decided & 11 Will. 3. to by the fishing admirals, and that no commodore should prefume to intermeddle with debts between merchants, mafters, planters, and fishermen, as they had lately done, to the great prejudice of the merchants. They pray, that the fhips of war, which were there to project the trade, might be obliged to come or send affistance, in cafe of piracy or mutiny in any of the harbours.

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They pray, that none should retail liquors to fishermen, or perfons concerned in the fishery, but only to their own fervants; that goods, the produce or manufacture of Great Britain, might be exported duty free, for the benefit of the fishery; that all oil, blubber, furs, and fish, taken or made in Newfoundland by British subjects, might be imported duty free, and that Mediterranean paffes for the fhips carrying fish might be given gratis.

They pray, that fishermen fhould be obliged to fish till the laft day of Auguft, if required by their masters. The ufual day had been the 20th of Auguft; but the fish now came later. That fishing ad

mirals

A. D. 1728.

mirals should have power to give corporal PART II. punishment to all perfons, of what degree From Stat. 10 & foever, who profaned the Lord's-day, and 11 Will. 3. to all common drunkards, fwearers, and lewd perfons; that a fufficient number of minifters should be fent to the principal harbours, to inftruct 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 ftat. 10 and 11 Will. 3.; that mafters of fhips should give bond to bring back fuch perfons as they carried out; or, if they went to a foreign market, to procure others to do it ; that bye boat-keepers fhould 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 masters coming from any place but Great Britain, fhould give bond not to take away any fishermen or feamen-the penalty to be fixed by the fishing admirals; that sea. men, or fishermen, who refused to return

* Memorial of the merchants of Poole, in answer to a letter from the board, 3d December 1715. Another, word for word the fame, came from Weymouth, vid. Bund. M. No. 4, 5•

home,

From Stat. JO &

A. D. 1728.

PART II. home, fhould forfeit all their wages; that no master of a ship, bye boat-keeper, or 1 Will. 3, to other perfon, going or trading to Newfoundland, fhould give credit to any fervant or fisherman to more than forty fhillings; nor any other person selling liquor to more than five fhillings; that a debenture, or bounty, be allowed on all beef and pork, as if exported for fale; and also for all bread, flour, and malt, that should be shipped off in fishing ships bound for Newfoundland. To thefe particulars were added the fame complaints about foreigners interloping in the fishery, as in the former memorials. The mayor of Plymouth, in answer to the fame fort of letter from the board, fays, that the merchants had no other complaint to make than the encroachments of foreigners.

. Such were the reprefentations made by the officers of the crown on one hand, and by the merchants on the other, refpecting the trade and government of the ifland. I have delivered them in their own words, and the reader will decide between them.

The memorial from Exeter, 30th Jan. 1715-6. Bund, M. No. 6.

+ Bund. M, No. 8.

PART

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Juftices appointed-Opinion on raifing Money by the Fuftices-Contest between the Fuftices and fifbing Admirals-Opinion on the Authority of the Admirals-A Court of Oyer and Terminer propofed.-Such Commiffion iffued-Lord Baltimore revives his Claim The Peace of 1763-Remarks of the Board on Stat. 10 & 11 Will. 3.— Newfoundland a Plantation-Custom-house eftablished Property in Flakes, &c. difcuffed-Stat. 15, Geo., 3, c. 3.1.

SOME hope might reasonably be en- PART III.

From A. D.

tertained, that the establishment of a civil government, and the appointment of juf- 1728, to Stat. tices of the peace, with proper officers for 5, Geo. 3. executing the law, would have been received by all as a defirable improvement in the ftate of fociety in the island, and it might be expected, that fuch an appointment

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