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.