Cook in Newfoundland

1763

Introduction

Governor Thomas Graves was acutely aware of Britain's poor knowledge of the Newfoundland coastline and the need for it to be surveyed quickly and properly. Also St.-Pierre and Miquelon needed to be surveyed prior to their being handed over to the French. Graves, therefore, began petitioning the Admiralty on these matters and pointing out that surveyors should be appointed.

Graves had seen Cook's work in late 1762 so Cook was the obvious choice to lead the survey. The official correspondence below describes the background to Cook's appointment and also covers the events as they unfolded through the year, including Graves purchasing a schooner, the Grenville for Cook to use. Cook sailed back to Britain at the end of the year.

No official log books or journals survive from James Cook's surveys in Newfoundland and Labrador in 1763. However, Cook contributed to the Directions for Navigating part of the South Coast of Newfoundland and the section dealing with St.-Pierre Miquelon stems from his work done in early 1763.

Links to other pages

Sailing directions

Official correspondence in 1763

25 April 1763.

GEORGE the Third by the Grace of God of Great Britain France and Ireland King Defender
of the Faith &c. To Our Trusty and well beloved Thomas Graves Esquire Greeting Whereas
Wee Did by Our Letters Patent under Out Great Seal of Great Britain bearing date at
Westminster the twenty ninth day of May in the first year of Our Reign constitute in
Chief in and over Our Island of Newfoundland in America Our fort and Garrison at
Placentia and all other forts and Garrisons Erected and to be Erected in that Island for
and during Our Will and Pleasure as by the said Letters Patent Relation being thereunto
had may more fully and at large appear Now know You that Wee have revoked determined and
made void and by these Presents Do revoke determine and made void the said Recited
Letters Patent and every Clause Article and Thing therein contained And Wee reposing
especial Trust and Confidence in the Prudence Courage and Loyalty of You the said Thomas
Graves of Our especial Grace certain knowledge and meer Motion have thought fit to
constitute and appoint and by these presents Do constitute and appoint you the said
Thomas Graves to be Our Governor and Commander in Chief in and over our said Island of
Newfoundland and all the Coasts of Labrador from the Entrance of Hudsons Streights to the
River Saint Johns which discharges itself into the Sea nearly opposite the West End of
the Island of Anticosti including that Island with any other small Islands on the said
Coast of Labrador and also the Islands of Madelaines in the Gulf of Saint Lawrence as
also of all Our forts and Garrisons Erected and Established or that shall be Erected and
Established in Our said Islands of Newfoundland Anticosti and Madelaine or on the Coast
of Labrador within the Limits aforesaid And We Do hereby require and command you to do
and Execute all Things in due manner that shall belong to your said Command and the Trust
Wee have reposed in You according to the several Powers and Directions granted or
appointed you by this resent Commission and the Instructions either herewith given to You
or by such further Powers Instructions or Authorities as shall at any time hereafter be
granted or appointed you under Our Signet or Sign manual or by our Order in our Privy
Council And Wee Do further give and grant unto you the said Thomas Graves full Power and
Authority from time to time and at all times hereafter by your self or by any other to be
Authorized by you in that behalf to administer and give the Oaths mentioned in an Act
passed in the first Year of the Reign of King George the first Intituled (An Act for the
further Security of his Majesty's Person and Government and the Succession of the Crown
in the Heirs of the late Princess Sophia being Protestants and for extinguishing the
Hopes of the pretended Prince of Wales and his open and secret Abettors) to all and Every
such Person and Persons as you shall think fit who shall at any time Or times pass into
our said Islands or shall be resident or abiding there or upon the Coast of Labrador
within the Limits aforesaid And Wee Do by these Presents give and grant unto you full
Power and Authority to constitute and appoint Judges and in Cases requisite Commissioners
of Oyer and Terminer for the hearing and determining of all criminal Causes Treason
Excepted according to Law and for awarding Execution thereupon with all reasonable and
necessary Powers Authorities fees and Privileges belonging thereunto Justices of the
Peace with other necessary Officers and Ministers for the better Administration of
Justice and keeping the Peace and Quiet of the said Island and Coasts aforesaid which
Justices of the Peace so Authorized may and shall hold and keep General Quarter Sessions
of the Peace in such Places as you shall appoint according to the Custom of this part of
Great Britain called England and to adjourn such Session from time to time and from place
to place as shall be most convenient and necessary for the peace and welfare of Our
Subjects Inhabiting there provided neither you nor they do any thing by virtue of this
Commission or the Powers hereby granted contrary or oppugnant to the Act for encouraging
the Trade to Newfoundland passes in the tenth and eleventh years of the Reign of King
William the Third nor any way obstruct the powers thereby given and granted to the
Admiral of Harbours or Captains of Our Ships of War or any other Matter or Thing either
prescribed by the said Act or by such Instructions as you shall receive from Us as
aforesaid And Wee Do hereby give and grant unto You full power and Authority where you
shall see cause or shall judge any Offender or Offenders in Criminal Matters or for any
fines or forfeitures due unto us fit Objects of Our Mercy to pardon all such Offenders
and to remit all such Offences fines and forfeitures willfull Murder only Excepted in
which case you shall likewise have power upon extraordinary Occasions to grant Reprieves
to the Offenders until and to the Intent Our Royal Pleasure may be known therein and all
such Justices of the Peace and their Inferior Officers and Ministers whom you or they
shall appoint amongst the Planters or Inhabitants Resident and abiding there are strictly
required and enjoyed in all Cases and times and when ever necessary to be aiding and
assisting to the utmost of their Power to the Commodore or Commander of Our Ships of War
and to the several Admirals in their respective Harbours in putting in Execution the
several good Rules and Orders prescribed by the said Act for encouraging the Trade to
Newfoundland And Provided also that no person or persons so by you appointed to be
Justices of the Peace as aforesaid or other Officers of Ministers belonging or
appertaining to them do presume or be suffered to Act in such Office or Place untill he
or they have taken the aforesaid Oaths mentioned in the said Act for the further Security
of his Majesty's Person and Government and the Succession of the Crown in the Heirs of
the late Princess Sophia being Protestants and for Extinguishing the hopes of the
pretended Prince of Wales and his open and secret Abettors as also made and subscribed
the Declaration mentioned in an Act of Parliament made in the twenty fifth year of the
Reign of King Charles the Second Intitled (An Act for preventing Danger which may happen
from Popish Recusants) and also to take such Proper Oath or Oaths as are usually taken
in this Kingdom by Person executing such Offices and Trusts which said Oasts and
Declaration you shall administer or give or cause the same to be administered and given
to all and every the Person and Persons who ought to take the same according to the Laws
and Customs of this Kingdom And Wee Do hereby give and grant unto You and said Thomas
Graves full power to Erect appoint and set apart one or more convenient Court House or
Court Houses for the more orderly meeting or such Justices of the Peace in Order to hold
such their Quarter or other Sessions with a convenient Prison adjoining thereto for the
keeping of such Offenders as may be found necessary to be committed to safe Custody
untill such Court or Sessions can conveniently be held trying and delivering Offenders
against Our Laws and the Peace of Our Subjects And Wee Do hereby require and command all
Officers Civil and Military and all other Inhabitants of Our said Islands and the Coasts
and Territories of Labrador and Islands adjacent thereto or dependant thereupon within
the Limits aforesaid to be obedient aiding and assisting unto you in the Execution of
this Our Commission and of the Powers and Authorities herein contained and in Case of
your Death Our Will and Pleasure is that the Person upon whom the Command of Our Ships
under your Command shall devolve do take upon him the Administration of the Government of
Our said Islands and Territories as aforesaid and Execute Our said Governor and Commander
in Chief might or ought to do for and during Our Will and Pleasure.

As Wee do hereby declare Ordain and appoint that you the said Thomas Graves shall and may
hold Execute and Enjoy the Place of Our Governor and Commander in Chief in and over Our
said Island of Newfoundland and all the Coast of Labrador form the Entrance of Hudsons
Streights to the River Saint Johns which discharges itself into the Sea nearly opposite
the West End of the Island of Antiscoti Including that Island with any other small Islands
on the said Coasts of Labrador and also the Islands of Madelaines in the Gulph of Saint
Lawrence as also of all Our forts and Garrisons Erected and established or that shall be
Erected and Established in Our said Islands of Newfoundland Anticosti and Madelaine or on
the Coasts of Labrador within the Limits aforesaid with all and Singular the Powers and
Authorities hereby granted unto you for and during Our Will and Pleasure In Witness &c
Witness Our self at Westminster the twenty fifth day of April in the third Year of Our
Reign.

By Writt of Privy Seal.

C.O. 195, Vol. 9. pp. 164-216.
1763.March 29th.

Instructions to Our Trusty & Well-beloved Thomas Graves Esquire Our Governor and
Commander in Chief in and over Our Island of Newfoundland in America, and all the Coast
of Labradore from the Entrance of Hudson's Streights to the River St Johns, which
discharges itself into the Sea nearly opposite the West end of the Island of Anticosti,
including that Island with any other small Islands on the said Coast of Labradore, and
also the Islands of Madelaines in the Gulph of St Lawrence, as also of all Our Forts and
Garrisons erected and established, or that shall be erected and established in Our said
Islands, or on the Coast of Labradore within the Limits aforesaid. Given at Our Court at
St James the day of 1763, and in the third year of Our Reign.

With these Our Instructions you will receive Our Commission under Our Great Seal of Great
Britain, constituting you Our Governor and Commander in Chief in and over Our Island of
Newfoundland in America, and all the Coast of Labradore from the Entrance of Hudson's
Streights to the River St John, which discharges itself into the Sea nearly opposite the
West end of the Island Anticosti, including that Island, with any other small Islands on
the said Coast of Labradore, and also the Islands of Madelaines in the Gulph of St
Lawrence, as also of all our Forts and Garrisons erected and established, or that shall
be erected and established in Our said Islands, or on the Coast of Labradore within the
Limits aforesaid, with Directions to obey such Orders and Instructions as shall from time
to time be given you under Our Signet and Sign Manual, or by Our Order in Our Privy
Council.

First. You are therefore to fit yourself with all convenient speed, and to repair to your
said Command, and, being arrived, you are to take upon you the Execution of the place &
Trust We have reposed in you, and, as soon as conveniently may be, to assemble the
principal Inhabitants in the Island of Newfoundland, and in such other places as you
shall judge proper or necessary within your said Government, and with all due Solemnity
to cause Our said Commission under Our Great Seal of Great Britain, constituteing you Our
Governor & Commander in Chief as aforesaid, to be read and published at such meetings.

2. Whereas by the Treaty with France made at Utrecht in 1713, it is stipulated, "That the
Island called Newfoundland, with the adjacent Islands, shall from that time forward,
belong of Right wholly to Britain, and that it shall not be lawful for the Subjects of
France to fortify any place in the Islands of Newfoundland, or to erect any Buildings
there, besides Stages made of Boards and Huts necessary & usual for drying of Fish, or to
resort to the said Island beyond the time necessary for Fishing and drying of Fish; but
that it shall be allowed to the Subjects of France to catch Fish and to dry them on Land,
in that part only, and in no other besides that of the said Island of Newfoundland, which
stretches from the place called Cape Bonavista to the Northern point of the said Island,
and from thence, running down by the Western side, reaches as far as the place called
Point Riche," which Stipulations have been renewed and confirmed by the 5th Article of
the definitive Treaty lately concluded at Paris, It is therefore Our express Will and
Pleasure, that in all things which regard the said Fishery from Bonavista to Point Riche,
you do conform yourself, with great care and attention, and with Justice to the Subjects
of both Crowns, to the Stipulations contain'd in the said Articles, Copies of which are
hereunto annexed.

3. And whereas by the said 5th Article of the Treaty lately concluded at Paris, We have
consented to leave to the Subjects of the most Christian King the Liberty of fishing in
the Gulph of St Lawrence, on Condition that the Subjects of France do not exercise the
said Fishery but at the distance of three Leagues from all the Coasts belonging to Great
Britain, as well those of the continent as those of the Islands, situated in the said
Gulph St Lawrence, You are hereby required to carry the Stipulations of the said Clause
into full execution, within the Limits of your Government.

4. You are to use your best Endeavours to prevent any Aliens or Strangers whatever from
fishing or drying Fish on any of the Coasts, or in any of the Harbours of the Islands and
Territories under your Government, unless in the Exceptions made by the 13th Article of
the Treaty of Utrect, and the 5th Article of the late definitive Treaty, confined to the
Subjects of France permitted to fish within the District and Limits mark'd out by those
Treaties, and under the several Restrictions specified in the Articles themselves.

5. And whereas by the 6th Article of the said Treaty lately concluded at Paris, a Copy of
which Article is hereunto annexed, the Islands of St Peter and Miquelon are ceded to
France, "to serve as a shelter to the French Fishermen, His most Christian Majesty
engaging not to fortify the said Islands, to erect no Buildings upon them but merely for
the Convenience of the Fishery, and to keep upon them a Guard of fifty Men only, for the
Police" you are therefore from time to time to enquire and report to Us, by Our
Commissioners for Trade and Plantations, whether the Stipulations contained in the said
Article are duly observed; And you are to use your best Endeavours to prevent any
Commerce between Our Subjects under your Government and the said Islands, by means
whereof the Inhabitants of those Islands may have the double Advantage of getting easily
and cheaply the materials for building Vessels, & erecting Houses & Works necessary for
the Fishery, and of circulating French Produce & Manufactures amongst the British
Fishermen.

6. And whereas by the 24th Article of the said definitive Treaty, lately concluded at
Paris, an Extract of which is hereunto annexed, it is stipulated, "that France shall
enter into possession of the said Islands of St Peter and Miquelon, at the end of
three months after the Exchange of the Ratifications of the said Treaty," you are
therefore to conform yourself to the said Stipulation, and to give all possible Aid and
Assistance to Our Subjects, who may now be resident on the said Islands, in the removal
of their Persons and Effects.

7. It is Our further Will and Pleasure that you do, from time to time, as the nature of
the Service will allow, visit all the Coasts and Harbours of the said Islands and
Territories under your Government, in order to inspect and examine the State and
Condition of the Fisheries, which are or may be carried on upon the said Coasts and
Islands; You shall also use your best Endeavours to procure accurate draughts or Maps of
the several Harbours, Bays and Coasts of Newfoundland, and the other Islands and
territories under your Government, and you are more particularly to direct the Officer of
any Vessel under your Command, which lyes between Hudson's Streights and the Streights of
Bellisle, to search and explore the great Inlet commonly known by the name Davis's Inlet,
in order to discover, whether the same has or has not any passage to Hudson's Bay, or any
other inclosed sea.

8. You are also to enquire and report to Us, by Our Commissioners for Trade &
Plantations, whether any or what further Establishment may be necessary to be made, or
Forts erected in any part of Newfoundland, or the other Islands or Territories under your
Government, either for the Protection of the Fishery, the Security of the Country, or the
establishing and carrying on a Commerce with the Indians residing in or resorting to the
said Islands, or inhabiting the Coast of Labradore.

9. You are not to permit the Subjects of any foreign Prince or State whatever to carry on
any commerce with the said Indians, and to use your best endeavours to conciliate their
Affections, and to induce them to trade with Our Subjects, reporting to Us, by Our
Commissioners for Trade and Plantations, the best Account you can obtain of the Number of
the said Indians, the places they frequent, the Nature and extent of the Commerce that is
or may be carried on with them, and how the same may, in your Opinion, be further
extended and improved.

10. And whereas We have been informed that a very considerable and advantageous Whale
and Sea Cow fishery may be carried on in the Gulph of St Lawrence and upon the Labradore
Coast, it is therefore Our Will and Pleasure, that you do give all possible encouragement
to such Fishery, and report to Us, by our Commissioners for Trade & Plantations, your
opinion in what way, and by what means, so valuable a Branch of Commerce may be extended
and improved.

11. You are also to make a very particular enquiry into, and report to Us as aforesaid,
the actual State and nature of the Fisheries carried on by the Subjects of France in
every distinct Branch thereof, as well that which is carried on for Morue Verte upon the
Banks without the Gulph St Lawrence, as the dry Fishery carried on at Miquelon and
St Peter's upon the Coast of Newfoundland, from Bonavista to Point Riche, or in other
parts of the Gulph of St Lawrence, and you are to be as particular as may be in Your
Accounts of the Number and Nature of the Ships and Boats employed in those different
Fisheries, the Number of Men, the Quantity of Fish catched, cured and carried to Market,
and, in general, of every other Circumstance that may furnish a precise State of this
Branch of the Commerce of France.

12. You shall strictly enjoin all Our Officers and Soldiers and other persons whatsoever,
belonging to the present and future Garrisons in Newfoundland, and the other Islands and
Territories under your Governmt not to engage in the Fishery there, no interrupt the
Fishermen in the curing of their Fish, nor to take up for themselves any Beaches, Stages
or Cookrooms upon any pretence whatsoever, upon pain of Our highest Displeasure.

13. And you are particularly to suppress the engrossing of Commodities, as tending to the
prejudice of the Fishery and the Persons employed therein.

14. And shall transmit unto Us, and to Our Commissioners for Trade & Plantations, in
order to be laid before Us, an Account of the Arms, Ammunitions and Stores that have
been sent from Our Office of Ordnance here, to Our Forts and Garrisons in Newfoundland,
and likewise an Account of the State of Our said Forts, how the said Stores have been
employed, and whether any of them, and how many of them have been sold, spent, lost,
decay'd or disposed of, and to whom and to what uses, together with an Inventory of all
such Arms, Ammunition & Stores as are remaining in Our Magazines there, as also a
Duplicate thereof to Our Master General or principal Officers of Our Ordnance, which
Accounts are to express the particulars of Ordnance, carriages, Ball Powder & all other
sorts of Arms & Ammunition in Our publick Stores at your Arrival, and so yearly of what
shall be sent thither, specifying the time of the Disposal and the Occasion thereof.

15. Whereas by the Act for the Encouragement of Trade, pass'd in the fifteenth year of
King Chas the second, no Commodities of the Growth, Production or Manufacture of Europe,
except Salt for the Fishery of New England and Newfoundland, Wines of the Growth of
the Madeiras or Western Islands or Azores, Servants, Horses and all Sorts of Victuals
of the Growth and Production of Ireland, shall be imported into any of Our Colonies or
Plantations, but what shall be bonā fide and without Fraud, laden and shipped in Great
Britain and in ships duly qualified; And whereas Complaint has been made of Masters of
Ships and others carrying on a Clandestine Trade amongst the fishing Ships from Great
Britain with others from Our Colonies & Plantations in America, contrary to the intent
& meaning of the said Act, you shall use your utmost endeavour for the due Observation
of the said Act.

16. You are to permit a free Exercise of Religion to all Persons, except Papists, so
they be contented with a quiet and peaceable Enjoyment of the same, not giving Offence
or Scandal to the Government.

17. It is Our Will and Pleasure that you do cause the Laws made against Blasphemy,
Prophaneness, Adultery, Fornication, Poligamy, Incest, Prophanation of the Lord's day,
swearing and Drunkenness to be vigourously executed, and that you take due care for the
Punishment of the aforemention'd Vices, by presentment upon Oath to be made to the
Justices of the Peace in their Sessions, by their Constables, or other inferior Officers
of the several Harbours, at the proper times of the year to be appointed for that
purpose; And, for the further Discouragement of Vice and Encouragement of Virtue and
good Living, you are not to admit any Person to act as a Justice of the Peace, whose
ill Fame or Conversation may occasion Scandal; and especially you shall take Care that
the Lord's day be devoutly and duly observed, that the Book of Common Prayer, as by Law
established in this Kingdom, be ready each Sunday and Holiday, and the blessed Sacrament
administered according to the Rites of the Church of England, in all such Chappels or
publick places of worship as are already or may be settled there.

18. And if any orthodox Minister there shall appear to give Scandal, either by his
Doctrine or manners, or shall preach or administer the holy Sacrament in any Orthodox
Church or Chappel, without being in due Orders, you shall give Account thereof to the
Lord Bishop of London.

19. And you are to take especial Care, that a Table of Marriages, established by the
Canons of the Church of England, be hung up in every orthodox Church or Chappel and duly
observed.

20. If anything shall happen which may be of advantage or Security to Our said Islands
and Territories under your Government, which is not herein, or by Our Commission
provided for, you are hereby allowed to take order for the present herein, giving to
Our Commissioners for Trade and Plantations speedy notice thereof, in order to be laid
before Us, that so you may receive Our Ratification, if We shall approve of the same;
Provided always that you do not, by Colour of any Power or Authority hereby given you,
allow or encourage anything to be done contrary to the true intent and meaning of an
Act of Parliament passed in the 10th & 11th years of the Reign of King William the
third, entituled an Act to encourage the Trade to Newfoundland, nor contrary to any of
the Laws or Statutes of this Our Realm.

21. And you are upon all Occasions to send unto Our Commissrs for Trade & Plantations
only, a particular Account of all your Proceedings, and of the Condition of the Affairs
of the Islands and Territories under your Government, and the Trade and Fishery thereof,
and of the Banks, Seas and Parts adjacent, in order to be laid before Us. Provided
nevertheless that, when any Occurrencies shall happen within your Government, of such a
nature and Importance as may require Our more immediate Direction by one of Our
principal Secretaries of State, you shall in all such Cases transmit to Our Secretary
of State only, an Account of all such Occurrencies and of your Proceedings relative to
such Orders.

22. Whereas by the said Act to encourage the Trade to Newfoundland, many things are enacted for the due & orderly carrying on of the said Trade, which are necessary for your Observation in inspecting the same, during your stay in those parts, you are therefore, in order to the better regulating your Conduct in that Service, to carry with you a Copy of the said Act, for your own use and Government.

23. You are likewise carefully and diligently to enquire and observe, whether the several Rules and Orders contained in the said Act for the more advantageous management of the Fishery, be duly observed by all those concerned therein, vizt.

24. You are to see that due care be taken by the Admirals in their respective Harbours, and by the Masters of the fishing Ships using that Trade, that no sort of Ballast, nor press Stones, or anything else hurtfull, to or annoying any of the Harbours there, be thrown out of any Ship or otherwise, to the prejudice of any of the said Harbours, and likewise to make the following Enquiries.

25. Whether any Person, at his departure out of the said Country, or at any other time, do destroy, deface or do any detriment to the Stages, Cookrooms, Flakes, &c., or to the materials thereunto belonging, which had been possessed by himself or others, and whether they repair the defects, that may be in their Stages or other Conveniences, by Timber fetched out of the Woods, and not by committing any manner of Spoil or Waste upon the Stages already built.

26. Whether the Admirals, Vice Admirals or Rear Admirals of the Harbours and the Commanders of the other fishing Ships in each Harbour, do observe the Rules prescribed by the said Act against engrossing more Beach and Flakes than each of them have necessary use for, also against possessing several places at once, to the hindrance and prejudice of others, and relating to the Election of such places as any of them, whose right it is, shall choose to abide in; and, in case of any difference, whether the Admirals in their several Harbours do proportion the place to the Ships, according to the number of Boats which each of the said Ships do keep?

27. Whether these Inhabitants or others, who since the year 1685, had engrossed several Stages, Cookrooms, Beaches and other places, which, before that time, belonged to the fishing Ships, to the prejudice of such fishing Ships are arrive there in the fishing season, have, according to the direction of the aforesaid Act, relinquished & left the same for the publick use of the fishing Ships arriving there?

28. Whether the Inhabitants have possessed or do possess themselves of any such Stages, Cookrooms &c., or of any Trainfats or other Conveniences, which have belonged to any fishing Ships at any time since the year 1685, before the yearly arrival of the fishing Ships, and until all such Ships are provided with Stages, Cookrooms, &c., according to the said Act?

29. Whether the By-boat keepers pretend to or meddle with any House, Stage, Cookroom, Trainfat, or other Conveniency, that did belong to the fishing Ships since the year 1685, or that has been cut out or made by Ships after the 25 of March 1700?

30. Whether the By-boat keepers and the Masters of fishing Ships do carry over with them such numbers of fresh Men, in proportion to their respective Companies of Seamen, as the Act directs? Whether they are furnish'd with Certificates of their having made Oath before their Sailing from this Kingdom, that they do carry with them such a Number of Green Men? to whom they do produce such Certificates? and do the Admirals or the Customs House Officers keep any Account or make any return thereof?

31. Whether the Inhabitants do also employ such numbers of fresh or green Men as the said Act directs, and whether the Admirals take care that they punctually comply therewith.

32. Whether any Persons do presume to expunge, cut out, deface or alter the Mark of any Boats or Trainfats of other persons and convert them to their own use, or remove the same from the places where they were left by the Owners, contrary to the Directions of the said Act?

33. Whether any Person whatsoever rind any of the Trees, set fire to any of the Woods, or do or cause to be done any detriment or destruction to the same for any use whatsoever, excepting only for necessary Fewel, for building and repairing Houses, Ships, Boats, Trainfats, Stages, Cookrooms and other Conveniences for the Fishery?

34. Whether the Rules ordained by this Act for preventing any Annoyance or Hindrance in the Hauling of Sains in the customary baiting places, and against the stealing of Baits and Nets, be duly observed?

35. Whether the Admirals are careful, in order to preserve the peace and good Government, both in their respective Harbours, and on shore, to see that the Rules and Orders contained in the aforesaid Act be duly put in Execution? and whether each of the said Admiral do keep Journals and exact Accounts of the number of all Ships, Boats, Stages & Trainfats, and of all the Seamen and Inhabitants employed in their respective Harbours, that the same may be delivered, at their Return to Great Britain, as the Act directs?

36. And whereas it has been represented to Us, that the By-boatkeepers and Master of fishing Ships do not carry over with them, and that the Inhabitants do not employ such a number of fresh or green men as the aforesaid Act of encourage the Trade to Newfoundland directs, and that the Admirals in the respective Harbours do not take care to enforce a due Compliance therewith, or to preserve Peace and good Government in their respective Harbours or on shore, and that they do not keep any Journals of the Number of Ships employed in the several Harbours, concerning themselves only with their own Fishery, and whereas such Omission and Neglect tend greatly to the prejudice of Our Service, and to defeat the good Intentions of this Provision of the said Act, which is calculated for increasing the number of Seamen for the Service of Our Navy, and the promoting the Trade & Navigation of this Kingdom, it is therefore Our Will and Pleasure, and you are hereby directed and required to use your utmost endeavour to enforce a due and exact Compliance with the said Act for encouraging the Trade to Newfoundland, and that you do in these and all other particulars recommend to the Admirals in the respective Harbours to keep regular Accounts, & do all such others things as the Acts directs, upon pain of Our highest Displeasure.

37. You are also to enquire whether, upon any Differences that do arise in any of the Harbours touching any of the aforesaid Matters, the Admirals of those respective Harbours do determine the same according as the said Act directs, and, in case any persons think themselves agrieved by the Sentences of the Admirals, whether those Persons dappealrl unto you or unto the Commanders of Our Ships of War, for a final Determination, and both Parties submit accordingly thereunto?

38. Whether the Lord's day be strictly and duly observed, and whether the Inhabitants, who keep any sort of publick houses for entertainment, do forbear on that day to utter or sell any sort of strong Liquor or Tobacco, as by the said Act is directed?

39. Whether any Aliens or Strangers, not residing in the Kingdom of Great Britain or Ireland, do resort to Newfoundland or to the Islands adjacent thereto, and take Bait, or use any sort of Trade or fishing whatsoever in those parts?

40. And as you are to transmit your Answers to the foregoing Enquiries, which are
founded upon the foresaid Act of 10 & 11th of King William the third, so you are
likewise to take an exact Account of the Number of the British fishing Ships and sack
Ships, and Ships and Vessels from America, that arrive this year in the Islands and
Territories under your Government.
The Burthen of the said Ships and the number of their men.
The number of the Passengers transported by the fishing Ships.
The number of Boats employ'd by the British fishing Ships, by the Ships from America,
by the By-boat keepers and by the Inhabitants.
The number of the By-boat keepers and their Servants.
The Quantity of Fish and Train Oil made by the British fishing Ships, by the Ships
from America, by the By-boat taken by the Inhabitants.
The Value of Seal Oil and of Furs taken by the Inhabitants last Winter.
The number of Stages and Trainfats belonging to the Fishery.
The total quantity of Fish carried to foreign Markets.
The prices the said Fish and Oil are sold at, both in Barter for Goods, and for good
Bills payable here.
The number of publick & private Houses.
The number of Inhabitantsts, and how many have been born or have died there, since
the departure of the last year's Convoy.
Which you are to send by the first conveyance that offers, according to the usual
form hereunto annexed.
Moreover you are particularly to inform yourself,

41. In what manner the Inhabitants are subsisted, what Land is there improved? Whether the Country produces such Provisions as they want, and whether they have any number of Cows, Sheep and Swine, or whether they receive any Provisions from Our Plantations in America, of what sorts or kind, and the quantities thereof?

42. Whether the said Inhabitants are wholly supplied with Sail Cloth, Nets and Tackle for their Fishery, and with Woolen, Linen, Leather and other Manufactures for their use and wear from this Kingdom, or whether they are furnished with any of the aforesaid necessaries from the plantations or from any foreign Country whatsoever?

43. What wages do the said Inhabitants allow to their Servants and in what manner do they pay them?

44. How much does the Charge of fitting out and maintaining one of their fishing Boats for the whole Season, amount to?

45. Whether the Inhabitants have any other Employment in the fishing Season for their Servants than taking and curing of Fish? Whether they are diligent therein? how many men they allow to each of their fishing Boats? whether they can afford their Fish as cheap as the fishing Ships and the By-boats, or what difference is made between the price of the one & the other?

46. In what manner they employ themselves and their Servants after the fishing Season is over and during the Winter? whether they are industrious in providing and making necessaries for the next fishing Season? or, on the contrary, whether they mispend a great part of their time in Debaucheries & Excesses?

47. Whether any Trade is carried on for Beaver and other Furs by the Inhabitants, or by any other who remain in the Country? what quantity they have taken this last winter, and whether they have any Traffick with the Indians?

48. Whether the Houses, Buildings and Inclosures of the Inhabitants are at such distance from the water side as not to hinder or obstruct the Fishermen in making their Flakes, or in drying and curing their Fish?

49. Whether the Inhabitants claim a right to all such Stages, Cookrooms, Flakes &c. as they have made or built in their fishing places, which have not been possessed by the fishing Ships since the year 1685, tho' they make no use of them?

50. Whether such fishing places and conveniences are free for the publick use of the fishing Ships arriving there, and nothing insisted on, or demanded by the said Inhabitants for their use and Hire?

51. How many Flakes are allowed to each fishing Boat, & of what length? whether they are extended in length, according to the ancient Custom, from the shore up into the Land? or whether any of the Inhabitants or Fishermen extend their Flakes along the shore, or possess a larger Front to the water side, according to the number of Boats, than was formerly allowed?

52. Whether it was ever ascertained or determined in the several, or in any of the Harbours in Newfoundland, what fishing places did belong to the fishing Ships before the year 1685; and whether any Account is kept of those fishing places, which they have been in possession of since that year, in order to prevent such disputes as must otherwise very frequently happen between the Masters of the said Ships & the Inhabitants?

53. Whether the fishing Ships that proceed directly from this Kingdom to Newfoundland are victualled here, and provided with all other necessaries of British produce and Manufacture for the whole Voyage? or whether the Masters or Freighters do not furnish themselves with Provisions, that are brought form the Plantations or other parts to Newfoundland?

54. Whether any British Ship arriving at St John's, or in any other Harbour in Newfoundland from Portugal or other foreign parts, before any Ship that was cleared form this Kingdom, has been at any time permitted to be Admiral of the Harbour? or whether, according to the Custom of Newfoundland, such Ships only as are cleared from Great Britain, have a right to be Admirals?

55. Whether the Admirals, or any other Ships who arrive early at St John's or in the other Harbours, do put their Passengers, or any of them, into possession of the most convenient, or of any other fishing places, stages &ca upon pretence they are Freighters of their Ships, before the Arrival of the other fishing Ships, or before they are all provided?

56. Whether any of the By-boat keepers, who remain in the Country during the Winter, and that are not Inhabitants, do retain to their own use, or for the use of themselves and their Partners, who are expected by the fishing Ships, the fishing places, Stages, Beaches, Flakes, &ca which they possessed the preceding year? or whether they take Possession of any others that may be more convenient for them in the ensuing fishing season, before the arrival of the fishing Ships, or before the said Ships are well supplied?

57. Whether any of the fishing Ships pursue or follow the old laudable Custom of allowing their Ships Companies Shares of what they make in the Voyage, instead of Wages, and, in such case, how much doth the Charge of fitting out and maintaining a Ship of one hundred Tons with fifty Men and ten Boats amount to for the whole voyage?

58. Whether any Commodities of the Growth, Production or Manufacture of Europe, that are not bonā fide & without Fraud laden and ship'd in this Kingdom, be imported and brought into Newfoundland, all such Commodities being prohibited by the 15th Car. 2d, Chap 7th except Salt for the fishery, Wine of the Growth of and from the Madeiras and the Azores or Western Islands, and Victuals &c., from Ireland?

59. How these Commodities are disposed of, whether only to the Fishery, vizt to the Seamen and Inhabitants? or whether any Trade be driven by selling those Goods to the Ships belonging to New England and other Plantations, in order to supply the said Plantations with such Commodities as they ought to have directly from Great Britain, and not otherwise?

60. What quantities of Rum and other Plantation Goods are brought to Newfoundland? more especially of those enumerated in former Acts of Parliamt? Whether any of these enumerated Commodities are sold to the Ships bound to Portugal and other foreign parts, so as to make an indirect Trade to those Countries in Goods which ought not to be carried thither before they have been first landed in Great Britain?

61. In what manner is the Trade between Newfoundland and any other or Our American Colonies carried on? What Quantities of Rum, Melasses[sic], Wine, Sugar, Tobacco, Flour and other Provisions have been imported this year? to whom and at what prices are the said goods sold? are they paid for in Fish or in Bills? If in Fish, is it disposed of again, or loaded in the Sack Ships for Europe? and what Value is it computed, that the goods sold may annually amount to?

62. How many Taverns or publick Houses for Entertainment may there be kept in Newfoundland, or, at least, in the Harbour of St. John's? are they kept only by the Inhabitants or by the By-boat keepers, and the people of New England also? do they trust the Fishermen upon their own Credit, or do the Master of the Ships and of the By-boats permit them to trust their Crews, and deduct the same out of their respective Wages, Hire or Shares, in order to satisfy the said Tavern-keepers? are not the poor Seamen hereby tempted to spend the greatest part, or the full Amount of their wages, and frequently run so far in debt, that they are forced to remain as Servants to the Inhabitants, and at last constrained to betake themselves to New England?

63. Whether the Inhabitants do not usually trust their own Servants with Rum and other Stores to a greater Value than their Wages amount to? and whether they are not generally paid in the manner as in the aforegoing Article?

64. How much do the By-boatmen and the Inhabitants allow to the Masters of the fishing Ships for the Passage of their Servants, both out and home? in what manner do the said Inhabitants pay the Masters of the fishing Ships for the same, and for the several necessaries they supply them with? and whether a considerable part of these Debts is not secured by suffering their Seamen to run in debt to the Inhabitants?

65. Whether this method of trusting Fishermen is not the occasion of many Thefts & Disorders? are they not by their Debaucheries often withdrawn from and rendred[sic] unfit for their Labour, to the great Discouragement and Obstruction of the Fishery?

66. Whether the Masters of the fishing Ships and By-boats do not connive at or encourage their Men to remain in the Land, that they may save the Charge of carrying them home? What number of Men do stay behind yearly, and particularly last year? what number of Irish Catholicks is there in all the Towns in Newfoundland, and what proportion do they bear to the Protestants?

67. Whether the American traders do still continue to entice and carry thither numbers of Handicraft men, Seamen and Fishermen, and whether any of the Inhabitants do favor or assist them therein?

68. And whereas this practise must be prevented, if possible, you are to require all the Masters of the American Ships and Vessels, before their departure from Newfoundland, to enter into Obligation not to carry away any of the Seamen &c, and all possible care must be taken to have those Obligations so witnessed, that, in case it be thought proper to put them in execution, they may not be invalidated for want of Evidence. And you are likewise to be as strict as is practicable to oblige all such American Ships as may be in Newfoundland to sail from thence at the same time you shall leave the Land, and to get all the proof that can be had of the Breach of any Obligations, enter'd into as aforesaid, and to transmit an Account thereof to Our Commissioners for Trade and Plantations.

69. And whereas Complaints have formerly been made that, by reason of the ill curing of
the Fish in Newfoundland, the Consumption thereof has been considerably lessen'd; and
that the Trade would be lost if effectual care was not taken to reform the same.
You are therefore to command the Admirals of the Harbours strictly to enjoin the
Masters of the fishing Ships, the By-boat keepers & Inhabitants to take the greatest
care in curing their Fish with good Salt and with a sufficient quantity, and in
preparing, husbanding & ordering the same; that the credit thereof may be again
recovered; and that it may be well received and esteemed in several places to which
it is carried for Sale.
And as the said Admirals are obliged to have a watchful Eye upon such as are negligent
herein, so they are to return to you the Names of those, who will not comply with
this Admonition.
And further you are upon this occasion very particularly to enquire into their
manner and method of taking and curing their Fish; What quantity of Salt they allow
for the curing every hundred Quintals? whether they are guilty of any Abuse in the
ordering thereof? whether the Fish taken at a distance from the Land by their small
Vessels, is not prejudiced before it is brought on shore? whether the Inhabitants,
the fishing Ships, or the By-boat keepers are most to be blamed? and, in short, from
whence these Complaints did arise, and what methods are to be taken to prevent or
rectify whatsoever is amiss?

70. And whereas there is a Salmon Fishery erected in Freshwater Bay, Ragget Harbour, Gander Bay and Dog-Creek, between Cape Bona Vista and Cape John in Newfoundland, and a second, which is since erected by other Persons at Grand Salmonier, Little Salmonier &ca in the same Island, which may prove of Advantage to Great Britain, it will be necessary that you give all due Encouragement and protection to those undertakings, whereof you will inform yourself, & transmit the fullest Account you can get of the same to Our Commissioners for Trade & Plantations.

71. And whereas Our late Royal Grandfather did, by His Letters Patent under the Great Seal of Great Britain bearing date at Westminster the 31st day of May in the second year of his Reign, constitute and appoint Henry Osborne Esqr to be Governor & Commander in Chief in and over the said island of Newfoundland, with power to constitute and appoint Justices of the Peace, with other necessary Officers and Ministers, for the better Administration of Justice, and keeping the Peace and Quiet of the said Island, which powers have been continued to all the subsequent Governors there, and are contained in our Commission to you; You are, upon your Arrival in the Island, to make Enquiry what Effect that Commission has had; what Justices of the Peace are now in actual Commission, and do execute the same in the respective Towns in Newfdland, particularly at Placentia; how and in what manner such Justices of the Peace behave in the execution of that Power; Whether the Inhabitants & Planters have duly submitted thereto; and what (if any) Obstructions have been given to the Execution of that Authority; and to return your Observations thereupon, with what you think may be further done for keeping the Peace & Quiet of the said Island, & of the Inhabitants residing therein, to Our Commissrs for Trade & Plantations.

72. And whereas Complaints have been made to Us that, notwithstanding all the precautions taken by Our said Governors for preserving the Peace in Newfoundland, Disputes have arisen between the fishing Admirals and Our Justices of the Peace in the said Island, and that some of Our said Justices had been guilty of great Irregularities, to the Oppression of Our good Subjects; Now you are, upon your arrival at Newfoundland, to enquire into the truth of all such Complaints, and to supersede such Justices of the Peace as shall appear to you to have acted unwarrantably in the execution of their Office. And you are strictly to prohibit those, who are or shall be appointed Justices, from interfering in any degree with the fishing Admirals, appointed Justices, from interfering in any degree with the fishing Admirals, in such matters relating to the Fishery as are reserved for their Jurisdiction by the aforesaid Act for encouraging the Trade to Newfoundland; taking care at the same time, that the said fishing Admirals do their duty also, according to the intention of the said Act. You are to be very particular in you Observations upon these Subjects, which you are to return to Our Commissioners for Trade & Plantations, in order to be laid before Us.

73. Whereas Complaint has been heretofore made, that the Sack Ships, always jealous of each other, and contriving who shall carry their Fish first to Market, frequently ship it before it is cured, whereby it suffers in the passage, and brings the Fishery into discredit in foreign Markets, you shall make particular enquiry into this Complaint, and suggest to Us the best means that occur to you, for preventing the said Evil for the future.

74. Whereas in the Answers returned to the like Queries by some former Commodores, some of the Columns in the Scheme of the Fishery have been returned blank, in case you find it necessary to do so likewise, you are then to mention in such Column, whether the Numbers, Prices and Quantities belonging thereto are included in any other Column, and in which Column they are so included, or whether there was no fishing this year in those Harbours, or that there was fishing, but that you had not obtained any Account thereof. And, if there be any Fishing in any other River or Harbour in Newfoundland, or the other Islands and Coasts under your Government, not in this Scheme mentioned, you are to add a Column or Columns for the same, and insert therein the best Account you can get, with your Remarks on such as you think imperfect or doubtful in any of the particulars.

75. And whereas the Answers to the several Heads of Enquiry contained in the Instructions to former Governors of Newfoundland, and the Returns made of the Trade and Fishery thereof, according to the usual form hereunto annexed, have frequently been very defective and inaccurate, you are hereby strictly commanded to be very exact in your Enquiry and Examination into every particular to which these Our Instructions have reference; to endeavour to collect the Material, from which your Answers are to be formed, from the best Authorities; and to enjoin the Admirals or other proper Officers, in those Harbours, to which your personal Inspection make to you, that those Returns be properly attested and signed by them, and that the number of Ships, their Tonnage, their number of Men, the Places from whence they come, and the Quantity of Fish taken, cured and carried to Market by each ship, be particularly expressed. And you are likewise to transmit to Our Commissioners for Trade & Plantations, in order to be laid before Us, all such other Information, with respect to the Fishery, as may enable Us to judge of the true and precise State of it in every particular, and of what may be further necessary for extending and improving so valuable a Branch of the Commerce of these Kingdoms.

76. Whereas We have thought fit by Our Commission to you, to give & grant unto you full
Power & Authority to constitute and appoint Judges, and, in cases requisite;
Commissioners of Oyer and Terminer for the Hearing and determining of all Criminal
Causes, Treason excepted, Justices of the Peace, and other Officers and Ministers for
the Administration of Justice, with Power also to pardon Offenders, and to remit all
Offences, Fines & Forfeitures, willful Murther only excepted, in which case you have
likewise power, on extraordinary Occasions, to grant Reprieves; it is Our express Will
and Pleasure that you do not appoint any such Commissioners of Oyer & Terminer to meet
or hold Assizes more than once a year, and that only during the time you or the Governor
for the time being shall be resident there, and that you do not suffer any of the
Officers of Our Ships of War or of any of the trading Ships of Our Subjects, which shall
happen to be there, to be deprived of Life or Limb by any Sentence of such Court, but in
such case you shall reprieve the Criminal until Our Pleasure be known therein. And you
shall take especial Care, that all Persons guilty of Treason be sent over to this Kingdom
with Witnesses and sufficient proof of the Crime along with them. And it is also Our
express Will and Pleasure, that you do, with your Answer to the foregoing Enquiries,
return also a full Account of what you shall have done in pursuance of this Power of
appointing Judges; what Proceedings have been had before the said Judges, what
Obstructions or difficulties you or they have met with (if any) in putting the said
Powers in Execution; and which way you conceive We may contribute to render it more
usefull and beneficial to all Our Subjects, residing in or resorting to the Islands &
Territories under your Government.

ADM. SEC. OUT LETTERS. VOL. 90, pp. 174-184.
Whereas we have appointed His Majesty's Ship Antelope under your Command together with the Ships and Sloop named in the Margin for Convoy and Protection of the fishing Ships bound this Year to and from Newfoundland, You will receive herewith for your Information Copies of the Instructions We have give to the Commanders of the Pearl, Tweed, Terpsichore, Lark, and Tamer Sloop for proceeding immediately to different parts of that Island as mentioned against their Names, and for following your Orders upon your Arrival there; And We having also directed the Commander of the Spy Command, and to cause the best dispatch to be used in getting the Antelope, and the said Sloop, ready for Service, agreeable to the directions We have already given; And then you are to put to Sea with them, taking particular care to do so without a moments [sic] loss of time, and proceed down the Channel, calling off the several Ports named in the Margin for any Ships or Vessels that may be ready to accompany you, without staying for others that may not be so, And then you are without loss of Time to go on to Newfoundland, and having seen the Trade as near the Land as you shall think proper for their Security you are to proceed with the Antelope and Spy Sloop in such manner as you shall judge best for the Service in the Execution of these Instructions. 1. And Whereas you have received His Majesty's Commission appointing you Governor and Commander in Chief in and over the Island of Newfoundland, the Coast of Labrador and the Entrance of Hudson's Streights to the River St Johns, the Island of Anticosti, Madelaine &ca: and of all the Forts and Garrisons erected, or that shall be erected in the said Islands or on the said Coast: And also his Majesty's Instructions for your Government therein; You are to take particular care to act in all respects conformable to what is required by the said Commission and Instructions, and any other Instructions that you may receive from His Majesty relating to the aforesaid Island of Newfoundland, taking care to prevent all illegal Trade, during your continuing on that Coast, and also to secure the Fishery and Island from Piratical Ships or Vessels, and if any such there shall be, you are to use your utmost care to take or destroy them wherever you can meet with them. 2. You are agreeable to an Act of Parliament of the 10th & 11th Years of King William the Third, entituled an Act to encourage the Trade to Newfoundland (which you will receive herewith) to be aiding and Assisting to the Admirals, Vice Admirals and Rear Admirals, of the respective Ports & Harbours of Newfoundland, from time as need shall require, in preserving the Peace and good Government among the Seamen and Fishermen, and in apprehending Offenders. 3. You are to be careful that there be not taken into the Ships under your Command to be transported to Newfoundland, any Seamen or others than such as do belong to them, and as you are not to lend any of the Ship's Companys to any of the Fishing Ships, so neither are you to suffer to be taken on board them, any sort of Fish either by way of Merchandize, Freight or otherwise, excepting what shall be necessary for the Use and Spending of the Ships Companys. 4. And Whereas the Lords Commissioners for Trade and Plantations have represented to us, that it is very prejudicial to this Kingdom, that the fishing Ships do not bring home from Newfoundland the Complement of men they carry out, many of them being enticed away to New England and others left in the Country; for which reason they have desired We should give you directions to signify to the Masters of all British Ships at Newfoundland, that they take care to bring home the Number of Men they carry out (except in case of Death) for that otherwise they will be prosecuted at their return; you are to let the Masters know the same accordingly, and to use your best endeavours to oblige them thereto, as far as in you lies. 5. And Whereas no Foreign Ships or Vessels whatever, except as in hereinafter-mentioned, have any right to Fish at or about Newfoundland, and the Commanders of the Ships of War bound as Convoy thither have at all times past been directed, not to allow of their fishing in those Parts; It is therefore His Majesty's Pleasure that you take especial care to prevent the same, and that his Orders given herein be strictly complied with, and if you shall meet with any Foreign Ships fishing at or about Newfoundland, you are to oblige them to desist and depart from off the Coast, excepting Ships & Vessels belonging to the Subjects of His Most Christian majesty, fishing agreeably to the 13th Article of the Treaty of Peace concluded with France at Utrect in the year 1713, and to the 4th 5th and 6th Articles of the Treaty of Peace concluded at Paris the 10th day of February, 1763, Copies of which you will receive herewith. 6. And Whereas, by the said Articles of the Treaty of Paris, it is stipulated that the Province of Canada with all it's [sic] Dependencies, as well as the Island of Cape Breton, and all the other Islands & Coasts in the Gulph and River of Saint Lawrence, and all that depends upon them, shall belong to the Crown of Great Britain, but that the Subjects of France shall have the liberty of catching and drying their Fish upon a part of the Coast of Newfoundland only, to wit from Cape Bonavist[sic] to the Northward and as far as Point Riche, but not to remain there beyond the time necessary for that purpose, agreeable to the said 13th Article of the Treaty of Utrecht, by which the property of the whole Island of Newfoundland is ceded to Great Britain; And His Majesty has by the said fifth Article of the Treaty of Paris consented to leave to the Subjects of the Most Christian King, the liberty of fishing in the Gulph of Saint Lawrence, upon condition that they do not exercise the said Fishery, but at the distance of three Leagues from all the Coasts belonging to Great Britain, as well those of the Continent as those of the Islands situated in the Gulph of Saint Lawrence, and as to the Fishery out of the said Gulph, it is thereby stipulated that the Subjects of the Most Christian King shall not be permitted to exercize the said Fishery but at the distance of Fifteen Leagues from the Coasts of Nova Scotia or Acadia, and everywhere else out of the said Gulph, shall remain upon the footing of the former Treaties; you are therefore to use your utmost care, diligence and Attention, that the several Stipulations hereinbefore-mentioned be duly & strictly performed, according to the Tenor and Intention thereof, as far as they shall come within the limits of your Command. 7. And you are to exert your best endeavours to encourage and support the Whale Fishery, in the Straits of Belleisle and more particularly the Fishery in York Harbour and on the other parts of the Coasts of Labrador and to hinder any Trade and Intercourse being carried on by any Persons whatever other than the Subjects of Great Britain, with the Inhabitants of that Country, which of right belongs solely to His Majesty; And you are likewise to protect the Salmon and Seal fishery along the Coasts, and likewise the Fisheries carried on by His Majesty's Subjects in the Gulph of Saint Lawrence, near the Islands of Madelaine &ca: and to settle and guard the Fishery not only at Placentia and Saint Johns, but as far to the Northward upon the Coasts of Newfoundland, and upon those of the Continent of Labrador, as His Majesty's Subjects shall be employed in catching and drying Fish, taking care to prevent the Subjects of France from giving them any disturbance by Acts of Violence, or Injustice, or by any evasion contrary to the Spirit and Intention of the said Treaties; And also to prevent the French from catching or drying their Fish, except within the distances and and[sic] in the manner beforementioned. 8. You are at the same time to be careful that the Subjects of His Most Christian Majesty be permitted quietly and peaceably to enjoy the privilege of fishing in the Gulph of Saint Lawrence with the distance hereinbefore-mentioned, and of catching and drying fish on that part of the Coast of Newfoundland allowed by the Treaty of Utrecht and confirmed by the Articles of the Treaty of Paris beforementioned, but not to remain there beyond the time necessary for this purpose; And you are to use your best endeavours to prevent His Majesty's Subjects from giving them any Disturbance by Acts of Violence, or Injustice, or by any evasion contrary to the Spirit and Intention of the said Treaties. 9. And in order that this Service may be more effectually performed, We have directed the Commanders of the Four Ships and Sloops named in the margin at the beginning of these Instructions to proceed upon the Stations thereinmentioned; and have ordered such of them whose Stations will allow of it, carefully to visit the several Harbours, Coasts, and Fishing Grounds, as well those upon the Coasts of Newfoundland, as those upon the Coasts of Labrador, and to the Northward, with directions to them to prevent the French from drying their Fish or settling thereon, otherwise than as is hereinbeforementioned between Cape Bonavista, and Point Riche, or to fish nearer than the distances allowed by the beforementioned Treaties: and at the same time We have ordered them to make Charts of all the said Coasts, with Drafts of the Harbours, noting the Depths of Water, Conveniences for fishing and whatever Observations may occur worthy of our knowledge, which are to be transmitted by them to you, that they may be laid before us; all of which you are to take care they punctually comply with, unless from unforseen Events, you shall find it absolutely necessary for the King's Service to employ them in any other manner, which you are at liberty to do, but will be responsible to us for your Conduct therein; And We expect that each of them should give us as exact and satisfactory information upon the several heads hereinbeforementioned as they can possibly procure, for which purpose notwithstanding the Stations allotted to them, you are at liberty to employ any of them, as far as it is consistent with the protection of the fishery, in such manner and on such part of the Coasts beforementioned as will best enable them to comply with Our Instructions on this Subject; and you are yourself, if practicable, to visit your duty will admit of in the Course of the Seasons, that you may compare the Reports made to you with your own Observations, And Whereas by the Twenty fourth Article of the said Treaty of Paris (Copy of which you will also receive herewith) possession of the Island of Saint Peters and Miquelon is to be given up to France at the end of three Months after the exchange of the Ratifications of the said Treaty you are therefore to Assist as far as shall be necessary, in delivering up the same, and bringing His Majesty's Subjects and their effects, if there are any in those Islands, to Newfoundland, and in case any endeavours shall be used to carry on an Illicit Trade from the said Islands of St Peters & Miquilon[sic], with the Island of Newfoundland, or with any other part of His Majesty's Dominions in North America, you are to be particularly attentive to the same, and prevent (if possible) all communication whatever between the said Islands of Saint Peters and Miquelon, and any part of His Majesty's Dominions in North America. 11. When the early Trade shall be ready about the latter end of August, you are to order One of the Frigates to take them under Convoy, and proceed off Cape Finisterre, where he is to leave those bound to the Ports of the North Coast of Spain, and proceed off the Coasts of Portugal with the rest, calling at Lisbon for any Trade that may be ready in Ten days, beyond which time, She is upon no Account to tarry there, and is then to proceed to Sea with such as may be ready and accompany them to the Downes and remain there for farther Orders. 12. Whenever the Service will admit of it, you are to dispatch the Terpsichore to the Mediterranean, to follow the Orders of the Commanding Officer of His Majesty's Ships there; and to send home the other Frigates and Sloops, ordering their Commanders to proceed to Spithead, and to take with them any Trade ready, and desirous to accompany them. 13. By the end of October you are to take under your Convoy the Fishing Ships which may then be bound to Portugal and Spain, and seeing them off their respective Ports as far to the Southward as Cadiz, You are at liberty to tarry there ten days (but on no Account to exceed that time) and then put to Sea with any Trade that may be there, for which you are not to tarry at farthest above Eight days, and then make the best of your way with any Trade ready to proceed with you to the Downes where you are to remain for farther Order. Given &ca this 2d May 1763.

SANDWICH
CARYSFORT
HOWE
DIGBY
THOS PITT.

Captn Graves - Antelope - Plymouth.
By &ca P.S.

PATENT ROLL. 4 Geo. III. PART II. NO. 3.
GEORGE the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c To Our Trusty and Wellbeloved Hugh Palliser Esquire Greeting
Whereas We did by Our Letters Patent under Our Great Seal of Great Britain bearing date at Westmr the twenty fifth day of April One thousand seven hundred and sixty three in the third Year of Our Reign Constitute and Appoint Thomas Graves Esquire to be our Governor and Commander in Chief in and over Our Island of Newfoundland and all the Coast of Labrador from in Entrance of Hudsons Streights to the River Saint John's which discharges itself into the Sea nearly opposite the West End of the Island of Anticosti including that Island with any other small Islands on the said Coast of Labrador and also the Islands of Madelaine in the Gulph of Saint Lawrence as also of all our forts and Garrisons erected & Established or that should be erected and established in Our Islands of Newfoundland Anticosti and Madelaine or on the Coasts of Labrador within the Limits aforesaid for and during Our Will and Pleasure as by the said Letters Patent relation being thereunto had may more fully and at large appear Now Know You that We have revoked determined and made void and by these Presents do revoke determine and make Void the said recited Letters Patent and every Clause Article and thing thereincontained And We reposing especial Trust and Confidence in the Prudence Courage and Loyalty of You the said Hugh Palliser of Our Especial Grace certain Knowledge and meer Motion have thought fit to Constitute and Appoint And by these Presents do Constitute & Appoint You the said Hugh Palliser to be Our Governor and Commander in Chief in and over Our said Island of Newfoundland and all the Coast of Labrador from the Entrance of Hudson's Streights to the River St. John's which discharges itself into the Sea nearly opposite the West End of the Islands of Anticosti including that Island with any other small Islands on the said Coast of Labrador And also the Islands of Madelaine in the Gulph of Saint Lawrence as also of all Our forts and Garrisons erected and established or that shall be Erected and established in Our said Islands of Newfoundland Anticosti and Madelaine or on the Coasts of Labrador within the Limits aforesaid And We do hereby require and Command You to do and execute all things in due manner that shall belong to your said Command and the Trust We have reposed in You according to the several Powers and directions granted or appointed you by this present Commission and the Instructions either herewith given you or by such further Powers, Instructions* Authorities as shall at any time hereafter be granted or appointed you under Our Signet or Sign Manual or by Our Order in Our Privy Council And We do further give and Grant unto You the said Hugh Palliser full Power and Authority from time to time and at all times hereafter by yourself or by any other to be Authorized by you in that behalf to Administer and give the Oaths mentioned in an Act passed in the first Year of the Reign of King George the first intituled (An Act for the further security of his Majesty's Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his Open and secret Abbettors to all and every such Person and Persons as you shall think fit who shall at any time or times pass into Our said Islands or shall be resident or abiding there or upon the Coasts of Labrador within the Limits aforesaid And We do by these Presents give and grant unto you full Power and Authority to Constitute and Appoint Judges and in cases requisite Commissioners of Oyer and Terminer for the hearing and determining of all Criminal Causes Treason Excepted according to Law and for awarding Execution thereupon with all reasonable and necessary Powers Authorities fees & Privileges belonging thereunto Justices of the Peace with other necessary Officers and Ministers for the better Administration of Justice and keeping the Peace and quiet of the said Islands and Coasts aforesaid with Justices of the Peace so authorised may and shall hold and keep general Quarter Sessions of the Peace in such Places as you shall appoint according to the Custom of this Part of Great Britain called England and adjurn such Sessions from time to time and form Place to Place as shall be most convenient and necessary for the Peace and Welfare of Our Subjects inhabiting there Provided neither you nor they do anything repugnant to the Act for Encouraging the Trade to Newfoundland passed in Tenth and Eleventh Years of the Reign of King William the Third nor any way Obstruct the Powers thereby given and granted to the Admirals of Harbours or Captains of Ships of War or any other matter or thing either prescribed by the said Act of by such Instructions as you shall receive from Us as aforesd And We do hereby give and grant unto you full Power and Authority when you shall see Cause or shall judge any Offender or Offenders in Criminal Matters or for any fines or forfeitures due unto Us fit objects of Our Mercy to Pardon all such Offenders and to remit all such Offences fines and forfeitures Wilful Murder only Excepted in which case you shall likewise have Power upon extraordinary Occasions to grant Reprieves to the Offenders untill and to the intent Our Royal Pleasure may be known therein And all such Justices of the Peace and their inferior Officers and Ministers whom you or they shall appoint amongt the Planters or Inhabitants resident and abiding there are strictly required and enjoyed in all Cases and times whenever necessary to be Aiding and assisting to the utmost of their Power to the Commodore or Commander of Our Ships of War and to the several Admirals in their respective Harbours in putting in Execution the several good Rules and Orders Prescribed by the said Act for Encouraging the Trade to Newfoundland And Provided also that no Person or Persons so by You appointed to be Justices of the Peace aforesaid or other Officers or Ministers belonging or appertaining to them do presume or be suffered to Act in such Office or Place until he or they have taken the aforesaid Oaths mentioned in the aforesaid Act for the further security of his Majesty's Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his Open and secret Abettors as also made and subscribed the Declaration mentioned in an Act of Parliament made in the twenty fifth Year of the Reign of King Charles the Second intituled (An Act for preventing Dangers which may happen from Popish Recusants) and also taken such proper Oath or Oaths as are usually taken in this Kingdom by Persons executing such Offices and Trusts which said Oaths and Declaration You shall administer or give or cause the same to be administer and given to all and every Person and Persons who ought to take the same according to the Law[s] and Customs of this Kingdom And We do hereby give and Grant unto you the said Hugh Palliser full power to Erect Appoint and set apart one or more convenient Court House or Court Houses for the more Orderly Meeting of such Justices of the Peace in Order to hold such their Quarter or other Sessions with a convenient Prison adjoyning thereto for the keeping of such Offenders as may be found necessary to be Committed to safe Custody until such Court or Sessions can conveniently be held for Trying and delivering Offenders against Our Laws and the Peace of Our Subjects And We do hereby require and Command all Officers Civil and Military and all other Inhabitants of Our said Islands and the Coasts and Territories of Labrador and Islands adjacent thereto or dependant thereupon within the Limits aforesaid to be Obedient Aiding and assisting unto you in the Execution of this Our Commission and of the Powers and Authorities herein contained And in case of your Death Our Will and Pleasure is that the Person upon whom the Command of Our Ships under your Command shall devolve shall take upon him the Administration of the Government of Our said Islands and Territories as aforesd and Execute Our said Commission and Instructions and the several Powers and Authorities therein contained in the same manner to all intents and Purposes as you Our said Governor and Commander in Chief might or ought to do for and during Our Will and Pleasure And we do hereby declare Ordain and Appoint that You the said Hugh Palliser shall and may hold Execute and enjoy the Place of Our Governor and Commander in Chief in and over Our said Island of Newfoundland and all the coast of Labrador from the Entrance of Hudsons Streights to the River Saint John's which discharges itself into the Sea nearly opposite the West end of the Island of Anticosti including that Island with any other small Islands on the said Coast of Labrador and also the Islands of Madelaine in the Gulph of Saint Lawrence as also of all Our forts and Garrisons erected and established or that shall be Erected and established in Our said Islands of Newfoundland Anticosti and Madelaine or on the Coast of Labrador within the Limits aforesaid with all and singular the Powers and Authorities hereby granted unto you for & during Our Will and Pleasure. In Witness &c Witness Ourself at Westminister the ninth day of April.

By Writt of Privy Seal.

  Thomas Graves to John Clevland (2 January 1763) Adm 1/1836.
(Written on board HMS Antelope, River Tagus, Portugal).

....The Newfound Land station which I have been upon two years though
only the last year as Governour, has been attended with many untoward
and most perplexing accidents, which as they were totally unforeseen
cou'd not nut embarras the more....

  Thomas Graves to ? (CO 195/9 p. 163)

  Board of Trade to the King (29 March 1763) Shelbourne MSS.

Mr Graves having represented to us that the imperfect Returns hitherto
made by the Governors of Newfoundland have been chiefly owing to
their want of a Secretary, Surveyor, or other Person, capable of collecting
Information, keeping regular accounts and making Draughts of Coasts
and Harbours, for which services thewre has never been any allowances,
and that such assistance has now become still more necessary to the
Governor of Newfoundland, by the enlargement of his Government, and
his instructions to report as accurately as he can the conditions, fisherys,
and other material particulars of a country at present little known. We beg
leave to humbly submit to your Majesty, whether it may not be expedient
that such an allowance should be made.

  Thomas Graves to Philip Stephens (5 April 1763) Adm 1/1836.

I have this moment seen Mr Cook and acquainted him he was to get himself
ready to depart the moment the board was pleased to order him, and that he
was to have 10 shillings a day while employed on this service --- He has been
to enquire for a draughtsman at the Tower, but as this is a Holiday he found
hardly an yone there --- There are some who draw there at 1s 6d a day, and
others who have two shillings a day --- one of which last establishment he
wants to have and is assured that the Board will contine any such Person who
chuses to go on their establishment upon an application from your Office
made for them. It is from this class/set they allways send draughtsmen with
Engineers or Comanding Officers who go abroad --- The additional Pay they
require from your office Mr Cook will acquaint you of tomorrow as soon as he
can see them & propose their going. If he does not find their conditions to
come wth in their own office establishment. I have desired him to advertise
for a draughtsman --- acquaint you by letter with the terms he can bring them
to, and wait your commands, as to the hireing any such, and as to the time of
his setting out for the Ship.

There shou'd be a Theodilite and drawing instrumts which will cost about 12
or 15 £ and is a thing the ordnance always allow their People --- The officers
of the Yard shou'd be orderd to supply me with two or three spare Azimuth
compasses & a number of Pendants of any colour to put as signals on
different Points for takeing the Angls as the Survey goes on ---

I shall set out this afternoon for the ship and hope to be there by tomorrow.

I am, Sir, etc., etc.,
Thomas Graves

  Thomas Graves to Philip Stephens (12 April 1763?) Adm 1/1836.

Captain Graves Compliments wait upon Mr Stephens and beg to know what
final answer he shall give to Mr Cook late master of the Northumberland who
is very willing to go out to Survey the Harbour & Coasts of Labrador and the
draughtsman he was to get from the Tower --- as they both wait to know their
Lordships resolution and the footing they are to be upon...

  Philip Stephens to James Cook (13 April 1763) Adm 2/722.

"...about mathematical instruments had been communicated to the Lords, and
that he was directed to supply himself with the said instruments and then to
send the bill to the secretary...."

  Thomas Graves to Philip Stephens (15 April 1763) Adm 1/1836.

You will excuse my takeing the liberty to ask if any change of resolution is
taken about Mr Cook, the master and an assistant for him, and whither they
are to go out with us.

  Thomas Graves to Philip Stephens (18 April 1763) Adm 1/1836.
   Plus Admiralty to Navy Board (22 April 1763) NMM ADM/A/2546.

....The one to send with Mr Cook upon the Survey of the Coasts and
Harbours...

... A change at the Board takeing place and my being order'd down to my
ship on account of a Mutiny among the Crew --- the affair rested where it
was and I am afraid is forgotten. . . . I beg you will please remind their
Lordships of these things, that I may go out with the proper orders relating
to it. The sending out Draughtsmen to Survey the Harbours, seems to Point
out the necessity of their having a Small Vessel fit to use on that business.

Plus as an appendix a list of articles given him by Cook " as necessary in the
business of Surveying" which Cook "apprehends may be supplied from the
King's yard by order": to wit

'Small Flags which may be made from new
Buntin or out of Old colours     Twelve
Knight's Azimuth Compas     One
Knight's Steering Compas     One
Deep Sea Leads     Two
Ditto Lines     One
Tallow    lbs Twenty five
Axes     Two
Pick Axes     Two
Common deal Tables to Draw upon    Two"

If the Navy Board have not orders to supply these extra stores, no reason
I can offer will have any weight.

  Admiralty to Thomas Graves (19 April 1763) Adm 2/90.

Whereas we have thought fit to appoint Mr James Cook, a Person well skilled
in making Surveys, and Mr William Test belonging to the Drawing Room in
the Office of Ordnance, to go to Newfoundland in His Majesty's Ship under
your Command in order to be employed in making surveys of the Coast &
Harbours of that Island, and in making Drafts and Charts thereof; for which
the former will be allowed Ten shillings a day and the latter six shillings in
addition to what he receives from the Board of Ordnance: You are hereby
required and directed to receive the said two Persons on board, and bear them
on a Supernumary List for Victuals only until your return to England; and to
employ them during your stay at Newfoundland as you shall see fit on the
Service abovementioned.

  Admiralty (Stephens) to James Cook and William Test (19 April 1763) Adm 2/90.

Sir,
   My Lords Commissioners of the Admiralty, having directed
Captain Graves, of His Majesty's Ship, the Antelope, at Portsmouth,
to receive you on board and carry you to Newfoundland in order to
your taking a Survey of part of the Coast and Harbours of that
Island. I am commanded by their Lordships to acquaint you
therewith: that you must repair immediately on board the said ship,
she being under sailing orders, that you are to follow such orders
as you shall receive from Capt. Graves relative to the said service
and that you will be allowed Ten shillings a day during the time you
are employed therein.

          I am, etc, etc.,
             Philip Stephens

Mr James Cook, ----- Town.
Mr William Test, Tower, to be paid 6s, per day.

  Graves to Admiralty from Spithead (21 April 1763).

  Admiralty to Navy Board (22 April 1763) NMM ADM/A/2546.

  Admiralty to Navy Board (26 April 1763) NMM ADM/A/2546.

(Orders to reimburse Cook for instruments).

  Thomas Graves to Admiralty (Stephens) (29 April 1763) Adm 1/1836.

...I hope the Navy Board will have directions...or I apprehend they will not
(however necessary) furnish any thing out of Course...

  Admiralty to Thomas Graves (2 May 1763) Adm 2/90.

(To make charts of all said coasts).

  Admiralty to Thomas Graves (3 May 1763) Adm 2/90.

(Exact and faithful charts...Newfoundland + Instructions to purchase schooner
in Newfoundland).

  Thomas Graves to Admiralty (08 May 1763) Adm 1/1836.
     (written at Plymouth).

....Mr Cook arrived here yesterday but without an Assistant, which defect
I will endeavour to replace here if possible, under an expectation of the
same encouragement their Lordships were to give Mr. Test. The first
employment I shall give Mr Cook will be to Survey St. Pieres & Miquelon,
before my getting there to surrender those Islands, to this end it would
have been very convenient that one of the Sloops had been ready to sail
with me who might have been detached to performe this Service, whilest
I made some stay upon the Coast, to afford them the proper time before
the surrender of those Islands to the French.

  Admiralty to Thomas Graves (27 May 1763) Adm 2/90.

  Admiralty to Edward Smart (27 May 1763) Adm. 2/722.

(Instructions to go to Newf as draughtsman).

  Admiralty to Thomas Graves (? 1763) GRV/106, Set. 9. MSS. 9365.

(Instructions).

We have ordered them to make Charts of all the said Coasts, with Drafts
of the Harbours, noting the Depths of Water and Conveniences for
fishing and whatever Observations may Occur worthy of our Knowledge...

  Thomas Graves to Charles Douglas (? 1763) Adm. 1/1704.

...you are to proceed without a moment's loss of time...to the Island
of St. Peter's, where you are to afford him (who you are to take with you)
all the assistance in your power by boats or otherways in taking an
accurate survey of the Island(s) of St. Peter and Miquelon with all the
Expedition possible, that no delay be thereby given to the Delivering these
Islands up to the French.

  Thomas Graves to Admiralty (20 October 1763) GRV/106, MSS. 9365 and CO 194/26 pp.116-8.

....that island has been separated from Miquelon upwards of four years
by a passage a mile broad and two fathoms deep. It affords little else than
wood but lays between Miquelon and St. Peter's....

...Meanwhile the survey went on with all possible application on the part
of Mr. Cook. At length, Mons. d'Anjac's patience being quite exhausted, I
received a letter from him on the 30th of June, of which I enclose a copy
together with my answer returned the same day. This conveyance brought
me a letter fro Captain Douglas, expressing his uneasiness on the part of
Mons. d'Anjac and pressing to receive his final instructions, and at the
same time gave me the satisfaction to learn St. Peter's was completely
surveyed, Miquelon begun upon and advanced so as to expect it would be
finished before the French could be put in possession: so that any
interruption from them was no longer to be apprehended.

  Thomas Graves to Admiralty (30 October 1763) GRV/106, MSS. 9365.

The Tweed sails with these dispatches and I hope to leave the country
about the same time. As Mr Cook whose Pains and attention are beyond
my description, can go no farther in surveying this year I send him home
in the Tweed in preferance to keeping him on board [the Antelope], that
he may have more time to finish the difft surveys allready taken of it to
be layn before their Lordships --- and to copy the different sketches of
ye Coasts and Harbours, taken by ye ships on the several stations by
which their Lordships will perceive how extreamly erroneous ye present
draughts are, & how dangerous to ships that sail by them --- and how
generally beneficial to Navigation the work now in hand will be when
finished indeed I have no doubt in a Year or two more of seeing a perfect
good chart of Newfoundland and an exact survey of most of ye good
harbours in which there is not perhaps a part of the World that more
abounds.

The enclosed Papers are the remarks made by the Captains of the Lark,
Tweed and Pearl. Mr Cook will lay before their Lords: ye original
Survey of St. Peters Miquelon & Langley as allso Quirpon & Noddy
harbours, Chateaux or York harbour & Croque, these though not so
highly finished as a Copy may be, yet I am purswaded their Lordships
will think ye properest to be deposited in their Office.

  Navy Board to Admiralty (02 December 1763) NMM ADM/B/173.

(Questioning whether they should repay Graves for purchase of Grenville).

  Charles Douglas to Admiralty (08 December 1763) ADM 1/1704.

Be pleased to lay before my Lords Commissioners, the herewith-
inclosed Sketch of the Magdalen Islands in the Gulph of St. Laurence;
where the Sea-Cow fishery is carried on. And be moreover pleased to
acquaint their Lordships, that agreeable to the commands of the Right
Honourable Board of last April, between the beginning of September
and the middle of October I took an incompleat one, of the whole
coast of Newfoundland, within the limits of the station prescribed me
by their Lordships; viz: between Capes Race and Ray. Which Sketch is
(pursuant to the desire of the Captain Graves of the Antelope) now in
the hands of Mr James Cooke; who was last Summer employ'd to
Survey the Islands of St. Peter and Miquelon: which Survey we were
not able to compleat before the beginning of August. One of the
reasons of the incompleatness of the Draught last mention'd.

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