PART I In the year 1633, the ftar-chamber took From Queen up the subject of the fishery :—a petition and complaint had been there preferred by Elizabeth to Stat. 10 & II Will. 3. lations of the the merchants and owners of fhips in the Rules and regu- weft of England; and that court, after Atar-chamber. taking the fame into confideration, was pleased to iffue the following order, far better regulating the trade. If a man killed another, or stole to the value of forty fhillings, the offender was to be brought to England, and the matter was to be tried by the Earl Marshal; and if the fact was proved by two witneffes, the offender was to fuffer death.-No ballaft was to be thrown out of ships to the prejudice of the harbours-no person was to deface or spoil any stage, cook-room, or other building the ship that first 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 fteal any fifh, train, or falt, or other provifion, belonging to the fishing fhips-no person 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 feines-none fhould rob the nets of of any drift boats-no tavern fhould be fet PART I, up for the felling of wine, beer, ftrong water, From Queen or tobacco-the company were to affemble Elizabeth to themselves on Sunday to hear divine fervice Will. 3. the mayors of Southampton, Weymouth, and certain other towns, were to take cognizance of all complaints made against any offender upon land-the vice-admiral in the counties of Southampton, Dorfet, Devon, and Cornwall, was to proceed against offenders at fea. Thefe laws were to be in force till they were annulled by his Majesty; and the admiral in every harbour of the ifland was to make proclamation of them. On the 20th of February following, a charter, being the fifth, was granted according 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 ftate gave a commiffion to John Treworgay, merchant, who was then in the island, to order affairs there for the best advantage of the state; which commiffion 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 Stat. 10 & 11 PARTI. ther with John Claypole, John Goffe, and others; but it does not appear that any thing was done thereupon. From Queen Will. 3. After the restoration, Lord Baltimore, who had been difpoffeffed of the province of Avalon, by the charter granted to the Marquis 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 confirmation of the charter granted to the merchants and traders in February 1633; on which occafion this additional provision was made: "That no mafter or owner "of any ship should tranfport any perfons 66 to Newfoundland who were not of the 66 fhip's company, or fuch as were to 86 plant and fettle there." In fupport of this laft provifion, a letter was written on the 4th December 1663 by the lords of the privy council, enjoining the magiftrates of the western ports to take care that no owners of fhips, trading to Newfoundland, fuffered any pertons to be tranfported thither, other than fuch as were of the fhip's company, and the officers of his Majefty's customs in the feveral ports therein named Elizabeth to named directed, and to charge all mafters PART I. of fhips to obferve this rule. In the 15th From Queen year of Charles II. the parliament made fome Stat. 10 & 11 regulation refpecting this trade and fishery. By ftatute 15 Car. 2, c. 16, penalties are imposed on planters and others, who deftroy the fry of fifh, or burn or destroy boats left in the harbour, or pull down houfes or stages built by the English to live in during the fishing season; and no toll is to be demanded for fifh of English catching. In the year 1667, the fishery of Newfoundland underwent a more mature difcuffion than it seems before to have received. In August of that year several petitions, were prefented to the privy council from the merchants, owners of fhips, and others, inhabitants of the towns of Totnefs, Ply- of appointing a mouth, Dartmouth, and places adjacent, Governor. concerned in the trade to Newfoundland. They stated, that several perfons, upon speous purposes, and for finifter ends, were endeavouring to establish a governor, which had always been pernicious to the fishery; and because they were unable to attend or bear the charges of folicitation, and fending witneffes to fuch a distance, they prayed لب From Queen Stat. 10 & II PART I, prayed his Majefty to empower fuch perfons of the county of Devon, as his MaElizabeth to jefty fhould think fit, to hear and examine the whole matter, and make report thereof to the council. Upon confideration of these petitions, Sir Edward Seymour, Sir John Northcott, Sir William Courtnay, Sir Thomas Carew, Sir Walter Young, and other gentlemen of Devonshire, were appointed to enquire into facts concerning the miscarriage of former governors to the damage of the trade; and the petitioners were alfo required to prepare reafons to make good the allegations of their petitions. In confequence of which, depofitions were taken at Totness, in which were certified the inconvenience of appointing a governor, and the prejudice that would neceffarily thereby enfue to the fishery. However, on the 6th December following, the company of merchants, adventurers, and owners of fhips, trading from Bristol to Newfoundland, and feveral other merchants, petitioned his Majefty to provide a remedy to the dangerous condition of the fishery (which, they said, was likely to fall into the hands of the French), by fending |