Preamble. King’s subjects to have free trade to Newfoundland. No alien to bait or fish in Newfoundland.
Whereas the trade of and fishing at Newfoundland is a beneficial trade to this kingdom, not only in the imploying great numbers of seamen and ships, and exporting and consuming great quantities of provisions and manufactures of this realm, whereby many tradesmen and poor artificers are kept at work, but also in bringing into this nation, by returns of the effects of the said fishery from other countries, great quantities of wine, oil, plate, iron, wool, and sundry other useful commodities, to the increase of his Majesty’s revenue, and the encouragement of trade and navigation; be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from henceforth it shall and may be lawful for all his Majesty’s subjects residing within this his realm of England, or the dominions thereunto belonging, trading or that shall trade to Newfoundland, and the seas, rivers, lakes, creeks, harbours in or about Newfoundland, or any of the islands adjoining or adjacent thereunto, to have, use, and enjoy, the free trade and traffick, and art of merchandize and fishery, to and from Newfoundland, and peaceably to have, use, and enjoy, the freedom of taking bait and fishing in any of the rivers, lakes, creeks, harbours, or roads, in or about Newfoundland, and the said seas, or any of the islands adjacent thereunto, and liberty to go on shore on any part of Newfoundland, or any of the said islands, for the curing, salting, drying, and husbanding of their fish, and for making of oil, and to cut down wood and trees there for building and making or repairing of stages, ship-rooms, train-fats, hurdles, ships, boats, and other necessaries for themselves and their servants, seamen, and fishermen, and all other things which may be useful or advantageous to their fishing trade, as fully and freely as at any time heretofore have been used or enjoyed there by any of the subjects of his Majesty’s royal predecessors, without any hindrance, interruption, denial, or disturbance of or from any person or persons whatsoever; and that no alien or stranger whatsoever, (not residing within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed), shall at any time hereafter take any bait, or use any sort of trade or fishing whatsoever in Newfoundland, or in any of the said islands or places above-mentioned.
No ballast, &c. to be thrown out of any ship into the harbours, but carried on shore.
2. And for the preserving the said harbours from all annoyances; be it further enacted by the authority aforesaid, That from and after the twenty-fifth day of March one thousand seven hundred now next coming, no ballast, prest stones, or any thing else hurtful to or annoying any of the harbours there, shall be thrown out of any ship or otherwise, by any person or persons whatsoever to the prejudice of any of the said harbours, but that all such ballast and other things shall be carried on shore, and be laid where they may do no annoyance.
No person to destroy any stage or cook-room, &c. Stages to be repaired with timber.
3. And be it further enacted by the authority aforesaid, That no person or persons whatsoever shall (at his departure out of the said country, or at any other time) destroy, deface, or do any detriment to any such stage or cook room, or to the flakes, spikes, nails, or any other thing whatsoever thereto belonging, as he or they shall fall into at his or their coming into the said country, but that he or they shall (during his or their stay there) content him and themselves with such stage or stages only as are needful for him or them, and shall also (at his or their departure thence) leave all such his or their stage or stages, without doing, or causing to be done, any wilful damage to any of them; and that for the repairing of such stage or stages as he or they shall so take, during his or their abode there, the same shall be done with timber fetcht out of the woods there, and not by the ruining, breaking down, demolishing, prejudicing, or anywise injuring the stage or stages of any other person or persons whatsoever.
Every fishing ship first entering harbour, shall be admiral during that fishing season, etc. Second ship vice admiral. Next ship rear admiral. Person possessed of several places shall make his election which to abide in, and give his resolution to any after-comer in 48 hours after demand. In case of difference, admirals to proportion the place.
4. And be it further enacted by the authority aforesaid, That (according to the ancient custom there used) every such fishing ship from England, Wales, or Berwick, or such fisherman as shall, from and after the said twenty-fifth day of March, first enter any harbour or creek in Newfoundland, in behalf of his ship, shall be admiral of the said harbour or creek during that fishing season, and for that time shall reserve to himself only so much beech or flakes, or both, as are needful for the number of such boats as he shall there use, with an overplus only for the use of one boat more than he needs, as a privilege for his first coming thither; and that the master of every such second fishing ship, as shall enter any such harbour or creek, shall be vice admiral of such harbour or creek during that fishing season; and that the master of every such fishing ship next coming, as shall enter any such harbour or creek, shall be rear admiral of such harbour or creek during that fishing season; and that the master of every fishing ship there shall content himself with such beech or flakes, as he shall have necessary use for, without keeping or detaining any more beech or flakes, to the prejudice of any such other ship or vessel as shall arrive there; and that such person or persons, as are possessed of several places in several harbours or creeks there, shall make his or their election of such place as he or they shall chuse to abide in; and shall also, within eight and forty hours after any after-comer or after-comers into such place or places shall demand such his or their resolution touching such his or their election (if the weather will so soon permit, or so soon after as the weather will permit) give or send his or their resolution to such after-comer or after-comers, touching such his or their election of such place as he or they shall so chuse to abide in for the fishing season, to the end that such after-comer or after-comers may likewise chuse his or their place or places of his or their abode there; and in case any difference shall arise touching the said matters, the admirals of the respective harbours where such differences shall arise, or any two of them, shall proportion the place to the several ships in the several harbours they fish in, according to the number of boats which each of the said ships shall keep.
Persons who, since 1685, have detained any stage, cook-room, etc. shall relinquish the same, to the publick use of fishing ships, etc.