Court of Record in England or Wales, by Bill, Plaint or other Action; wherein no Ession, Protection or Wager in Law, shall be allowed.

II. And it is hereby further enacted by the authority aforesaid, That no planter or other person or persons whatsoever shall burn, destroy or steal any boat, cask, salt, nets, or other utensils for fishing or making oil, or other goods or merchandize, left in any harbor in Newfoundland or Greenland, by English; or burn, pull down or destroy any house built by English in Newfoundland or Greenland, to live in during the fishing season, or stage built by them in either of the said places for the saving or ordering of fish, or making of oil; (2) upon pain of the loss of double the value of what shall be by them stolen, burnt or destroyed, to be recovered in any of His Majesty's Courts in Newfoundland or Greenland respectively, or in any Court of Record in England, by bill, plaint, or other action, wherein no essoin, protection or wager of law shall be allowed.

"III. And whereas upon the humble petition and complaint of the merchants and salters of the City of London, it doth apear, That some sorts of madder very useful for dyeing cannot be imported so pure and clean, as by one Act passed the last Session of this present Parliament (intituled, An Act for the importation of madder pure and unmixed) is directed and appointed;" (2) Be it enacted, and it is hereby enacted by the authority aforesaid, That the said Act, and every clause and thing therein contained, be from henceforth utterly void and repealed to all intents, purposes and constructions whatsoever.

No. 5.-1670, March 10: Order of His Majesty King Charles II in Council approving of the Report of the Council of Plantations.

At the Court at Whitehall, the 10th of March, 167f.

Present: THE KING'S MOST EXCELLENT MAJESTY, His Royal Highness the Duke of York, His Highness Prince Rupert, Lord Keeper, Duke of Ormond, Lord Great Chamberlain, Lord Chamberlaine, Earl of Bridgewater, Earl of Sandwich, Earl of Anglesy, Earl of Craven, Earl of Lauderdale, Lord Arlington, Lord Newport, Mr. Treasurer, Mr. Secretary Trevor.

519

Whereas in pursuance of an order of this Board of the 11th January last, upon the petition of the merchants, owners, and masters of shipps, and inhabitants of the western parts of this Kingdom, adventuring to the Newfoundland in fishing voyages The Right Honorable his Majesty's Council for foreign Plantations did this day represent to the Board, that they have called before them, and heard the petitioners and the other parties concerned, and after due consideration of the best ways and means, of regulating, securing, and improving the fishing trade, in Newfoundland, do humbly offer unto his Majesty as their opinion and advice, That his Majesty would be pleased to grant by way of addition to his former charter an establishment of the powers, rules, and orders for the government of the said fishery as followeth viz.

That all the subjects of his Majesty's Kingdom of England shall and may for ever hereafter peaceably hold and enjoy the freedom of

taking bait, and fishing in any of the rivers, lakes, creeks, harbours or roads, in or about Newfoundland, or in any of the islands adjoining thereto, with liberty to go on shore in any part of the Newfoundland, or the said islands, for the curing, salting, drying, and husbanding of their fish, and making of oil, and for the cutting of all manner of wood, and trees for the building, or making of stages, rooms, train vats, hurdles, ships, boats, and other necessaries, for themselves, and their servants, seamen, and fishermen, and all things which may be useful, or advantageous to their fishing trade, as fully and freely as at any time heretofore hath been used, and enjoyed there by any of the subjects of His Majesty's royal predecessors.

Provided always that they submit unto, and observe all such rules and orders as now are, or hereafter shall be established, by his Majesty, his heirs, or successors, for the government of the said fishery in Newfoundland.

2. That no alien, or stranger be permitted to take bait, or fish in any of the rivers, lakes, creeks, harbours, or roads in Newfoundland, between Cape Race, and Cape Bona Vista, or in any of the islands thereunto adjoining.

3. That according to the establishment of his Majesty's royal father of blessed memory in the 13th year of his reign, no planter or inhabitant in, or upon the said Newfoundland, be permitted to fell, cut down, root up, waste, burn, or destroy any wood, or timber trees, or erect or make any houses, buildings, gardens, &c. or inhabit or plant within six miles of the shore, or in any part of the said Newfoundland, between the Cape de Race, lying in or about 46 degrees of North latitude, and the Cape d'Bonavista lying in or about 493 degrees likewise of North latitude, nor upon any island within ten leagues of the shore between the said capes.

4. That no planter or inhabitant in Newfoundland, do take up, or possess any of the stages, cookrooms, &c. beaches, or places for taking bait, or fishing, before the arrival of the fishermen out of England, and that they be all provided.

5. That the clause in his Majesty's charter of confirmation of rules, and orders for regulating the Newfoundland fishery bearing date the 26. of January in the 12th year of his Majesty's reign concerning the transportation of men thither, may be altered, and enlarged in manner following. That is to say

That no master, or owner of any fishing ship do transport, or carry any seamen, fishermen, or other persons in his ship to Newfoundland, other than such as are truly belonging to his or their ships company, and such as are engaged in the voyage and share, or shares, or hire of the said ship.

6. That no master or owner of any fishing ship do transport or carry in any one ship for a fishing voyage, more than sixty persons to one hundred tons burthen of the said ship, and so proportionately for all ships of a greater, or lesser burden.

7. That it be strictly provided for, and commanded, that every fifth man yearly carried out of England, be a greenman (that is to say)

not a seaman.

8. That the masters and owners of all fishing ships trading out of England to Newfoundland be enjoyned according to the number of men in their respective ships, to provide in England victuals, and other necessaries (salt only excepted) for the whole voyage, or

fishing season, for themselves and companies, and to put the same on shipboard before the going out of port here.

9. That it be likewise strictly commanded that no fishing ship or company do depart out of England directly for Newfoundland on any fishing voyage in any year, before the first day of March, nor to the Isles of Cape d'Verde intending from thence to Newfoundland before the 15th day of January.

10. That from henceforward all masters of fishing ships trading to Newfoundland shall yearly before the beginning of their voyage, give bond in His Majesty's name to the mayors for the time being of the ports of Southampton, Poole, Weymouth, Melcombe Regis, Lyme, Exeter, Dartmouth, Plymouth, East Looe, Fowey, Falmouth, Biddiford, Barnstaple, and Bristol, and all other ports and towns. upon the coast of England respectively, according to the port or place from whence they shall set out, under the penalty of one hundred pounds, with condition that they shall not carry out any seamen, fishermen, or other persons, other than such as are truly belonging to his or their, or other ships company, and such as are engaged in the voyage, and share, or shares, or hire of the said ship or ships respectively.

And that they shall bring or cause to be brought back into England, all such seamen, fishermen and other persons as they shall carry out (mortality and danger of the seas excepted) and also such persons as shall be employed from the Newfoundland in English ships with fish for market voyages.

Provided nevertheless that if any of the said seamen, fishermen, &c., shall run away, or desert their ships, the master or masters of such ship or ships, paying such person's share or shares or hire to the mayor of the place from whence the said ship set out, shall be discharged of his or their bond or bonds respectively.

Or if no complaint shall be made against the said masters in three months after their return from the said voyage, then his or their bonds to be delivered up unto them respectively.

11. That no master of any fishing ship or others do take up or use any stage already built, in any port, harbour, or bay, between Cape Race and Cape Bona Vista, with a less number of men than twentyfive, who are to be of one entire company.

520

12. That no fisherman or seaman carried out as aforesaid be suffered to remain in Newfoundland in the winter, after the fishing voyage or season is ended.

13. That the Admirals, Vice-Admirals, and Rear-Admirals of and in every port and harbour in Newfoundland for the time being be authorized and required to preserve peace and good government among the seamen and fishermen in their respective harbours, as well as on the shore, to see his Majesty's rules and orders concerning the regulation of the fishery duly put in execution, and to cause all offenders to be apprehended, that they may be punished according to their demerits.

14. That the Admirals, Vice-Admirals, and Rear-Admirals in their respective harbours, bays, &c., may according to ancient custom be empowered to apprehend and secure all offenders for any crime committed in Newfoundland, on shore, or at sea, and to bring them into England.

15. That the several Admirals in their respective harbours and bays in Newfoundland do, on or about the 20th day of September yearly, publish in their said harbours and upon the shore his Majesty's orders and commands forbidding all seamen or fishermen to stay or remain in or upon the said Newfoundland, after the last day of October.

16. And that the said Admirals do yearly keep journals of their proceedings there, and at their return into England, deliver copies of them, with an account of the number of ships, boats, stages, train vats, &c., and of the seamen and fishermen belonging to and employed in their respective harbours, unto his Majesty's Council for foreign Plantations.

17. That the several Recorders, or their deputies, and the Justices of the Peace for the time being, of the respective ports, towns, and places beforenamed, and one neighbouring Justice of the Peace for the same county, may be joined in commission with the mayors of the said ports, towns, and places respectively, and any two, or more of them, be empowered to take cognizance of all complaints made of any offenders against the laws, rules, and orders established by his Majesty for regulating the Newfoundland fishery, and to hear and determine the same according as is provided and directed to the respective mayors alone by his Majesty's said charter of confirmation.

18. That reasonable fines, penalties, and forfeitures may be imposed upon all masters, and owners of ships, seamen, fishermen, and other persons employed in or about the fishery in Newfoundland as shall offend in breaking his Majesty's rules and orders established for the said fishery.

And that all such fines, penalties, and forfeitures relating to the fishing trade may be apportioned out, one third part of them to the use of his Majesty, one third part to the use of the poor of the place where such offence shall be prosecuted, and the other third part to the informer, that shall prosecute the same, or otherwise in such manner, and to such uses as his Majesty shall think fit.

All which having been this day read and seriously considered at the board, his Majesty was pleased to approve thereof, and did order, that the several rules, powers, and authorities above recited be added to, and inserted in the charter formerly granted by his Majesty for the regulating of the Newfoundland fishery.

And to that end Sir Heneage Finch Knt and Bart his Majesty's Attorney-General, is hereby authorized and required to prepare a bill for his Majesty's royal signature to pass the great seal of this kingdom containing his Majesty's confirmation of the said charter, with the additional powers and authorities, hereby ordered to be inserted therein.

And whereas the said Council for foreign Plantations did further represent unto his Majesty as their humble opinion and advice, that the clause in his Majesty's said charter of confirmation, which concerneth the powers of the earl marshal in the punishing of felonies, murders, &c. committed in Newfoundland, may be reviewed, there being at present no such office or court, and in lieu thereof if his Majesty shall think fit, that a certaine way of judicature may be established, for the hearing and determining of treasons, felonies, and murders, and all criminal matters committed or done in Newfoundland, on the shore or at sea, according to law and equity, and for the awarding of execution thereupon, as the cause shall require.

It was thereupon ordered by his Majesty in council, that the said Attorney-General, with the assistance of his Majesty's council learned do review the said clause, and consider of establishing a certain way of judicature for the hearing and determining all such cases aforesaid, and the same to present to this Board with all convenient speed.

JOHN NICHOLAS.

No. 6.-1696: British Statute, 7 & 8 Wm. III, Cap. 22.

AN Act for preventing Frauds and regulating Abuses in the Plantation Trade. Whereas notwithstanding divers Acts made for the encouragement of the navigation of this Kingdom, and for the better securing and regulating the Plantation Trade, more especially one Act of Parliament made in the twelfth year of the reign of the late King Charles the Second, intituled, An Act for increasing of Shipping and Navigation, another Act made in the fifteenth year of the reign of his said late Majesty, intituled, An Act for the Encouragement of Trade, another Act made in the two and twentieth and three and twentieth years of his said late Majesty's reign, intituled, An Act to prevent the Planting of Tobacco in England, and for regulating the Plantation Trade, another Act made in the twentyfifth year of the reign of his said late Majesty, intituled, An Act for the Encouragement of the Greenland and Eastland Trades, and for the better securing the Plantation Trades, great abuses. are daily committed, to the prejudice of the English navigation, and the loss of a great part of the Plantation Trade to this Kingdom, by the artifice and cunning of ill-disposed persons: For remedy whereof for the future,

521 II. Be it enacted, and it is hereby enacted and ordained by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by the authority of the same, That after the five and twentieth day of March one thousand six hundred and ninety-eight, no goods or merchandizes whasoever shall be imported into, or exported out of, any Colony or Plantation to his Majesty, in Asia, Africa, or America, belonging, or in his possession, or which may hereafter belong unto, or be in the possession of his Majesty, his heirs or successors, or shall be laden in, or carried from any one port or place in the said Colonies or Plantations to any other port or place in the same, the Kingdom of England, Dominion of Wales, or town of Berwick upon Tweed, in any ship or bottom, but what is or shall be of the built of England, or of the built of Ireland, or the said Colonies or Plantations, and wholly owned by the people thereof, or any of them, and navigated with the masters and three fourths of the mariners of the said places only (except such ships only as are or shall be taken as prize, and condemnation thereof made in one of the Courts of Admiralty in England, Ireland, or the said Colonies or Plantations, to be navigated by the master and three fourths of the mariners English, or of the said Plantations as aforesaid, and whereof the property doth belong to English men; and also except for the space of three years, such foreign-built ships as shall be employed by the commissioners of his Majesty's navy for the time being,

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