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'M^.

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*■_...=. ...^ T HE-

ANCIENT RIGHT

OF THE

ENGLISH NATION

TO THE

American Fifliery;

AND ITS.

VARIOUS DIMINUTIONS;

E X A M I N E D and S T A T E D.

WITH.

A Map of the Lands, Islands, Gulph, Seas,, and Fishing

Banks cumpriiing the whole.

Humbly infcribed to the fincere Friends of the Br/>^ Naval Empire.,

%

— ne quidfalji dicere audeat ;— w quid vert mn audeat, Cicer. de Orat.

vi^

LONDON

Printed i and fold by S, Bake r, in Tork-Jlreett Covent-Gardtm

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THE

ANCIENT RIGHT

O F T H E

ENGLISH NATION

T O T H E

American Filhery, &c.

' S E C T. L

ALL things are fmall in their beginnings, Amjlerdaniy
fays the Dutch proverb, (lands upon herring bones,
and the American filhery from Sebajlian Cabot s taking
up the firft cod with European hands having long fince fo far
encreafed as to raife a very large number of able feamen, I
purpofe to fet forth the original right of the Englijh nation
to this fifliery, v^^ith the various diminutions thereof by royal
grants, encroachments and ceflions, in order to illuftrate this
matter, v^herein the Britijh naval power is fb nearly con-
cerned.

mp. Hen. King Henry the Seventh made the following grant, to wit, a.d. 1495-6.

1 i^'o regni.

lartt^^^*" ^^^ omnibus ad quos,

l.noregni. « &c. SalutCm."

" The king to all to whom,
" &c. Greeting."

aeriFoed. <«

" "^J^yrUM SIT ET MANI-

«« i-^ FESTUM quod dedi-
" mus et conceflimus, ac per

B

E IT KNOWN AND MA-
NIFEST that we have
" given and granted, and by
B . ** prae-

k.,

W^

TJoe Ancient Right

** praefentes damns et conce-
** dimus, pro nobis et hasre-
** dibus noftris, diledis nobis
** Johanni Cabotto civi Vene-
** tiarum, ac Ludovico^ Se-
'* bajliano^ et SanEioy filiis
** di6li yohannisy et eorum ac
** cujuslibet eorum haeredibus
** et deputatis, plenam ac li-
*' beram audoritatem, facul-
** tatem et poteftatem navi-
*' gandi ad omnes partes, re-
" giones, et finus maris Ori-
*' entalis, Occidentalis, et Sep-
" tentrionalis, fub banneris,
" vexillis, et infigniis noftris,
" cum quinque navibus five
** navigiis, cujuscunque porti-
** turae et qualitatis exiftant,
** et cum tot et tantis nautis
" et hominibus, quot et quan-
** tis in didis navibus fecum
" ducere voluerint, fuis et eo-
" rum propriis fumptibus et
** expenfis.

** Ad inveniendum y difco^
" operiendum et invejligandum
** quafcunque infulas, patriaSy
" regioneSy Jive provincias gen-
** tilium et infidelium in qua-
** cumque parte^ mundi pofitas^
" quce Chrijiianis omnibus ante
" hcextemporafueruntincognitce»

" Conceflimus etiam eif-
" dem ct eorum cuilibet, eo-

4

of the English Nation

** thefe prefents do give and
" grant, for Us and our heirs,
" unto our beloved John Ca-
** boty citizen of Venice^ and
" to Lewis y Sehajlian and
** SanSiuSy fons of the faid
** John^ and to the heirs and
*' deputies of them and each
" of them, full and free au-
" thority, leave and power of
** failing to all parts, regions
** and bays of the eaft, weft,
" and north fea, under our
*' banners, ftandards and en-
** figns, with fiVQ fliips or
" veflels, of whatever burthen
" and quality they be, and
with a', many and fuch
failors and men, as they
ftiall be willing to take with
them in the faid fliips, at
their own proper charges
and expences*

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*' Tojind outy difcover and
invejiigate whatfoever ijlands^
countries^ regions or pro-
vinces of gentiles and infi-
delSi in whatever part of
theworldjituated^ which were
unknown to all Chrijiians be-
fore thefe times,

" We have alfo granted to
them, and to every of

" rumque,

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FISHERY, 8ccV

them, and to the heirs
and deputies of them and
every of them, and have
given licence, to affix our
afbrefaid banners and en-
figns in whatever village,
town, caftle, ifland, or firm
land by them newly found.
** And that the before-
named yo/)» and his fons,
or the heirs and deputies
of them, may fubdue, oc-
cupy and poflefs all fuch
villages, caftles, towns and
iflands by them found,
as can be fubdued, occu-
pied and poflefled as our
vaflals and governors, lieu-
tenants and deputies of the
fame, acquiring to us the
domuiion, title and jurif-
didlion of the faid villages,
caftles, towns, iflands and
firm land fo found.'*

to tk AMIKI CAN

rumque, etcujuslibet eorum
haeredibus et deputatis, ac
licentiam dedimus affigendi
praedidtas banneras noftras
et infignia in quacunque
villa, oppido, caftro, infula
feu terra firma a fe noviter
inventis.

** Et quod prasnominati
Johannes et fiiii ejufdem, feu
haeredes et eorum deputati
quibufcumque hujusmodi
villas, caftra, oppida et in-
fulas a fe inventas, qu?cfub-
jugari, occupari, et pofiideri
poffint, fubjugare, occupare
et poffidere valeant, tan-
quam vafalli noftri et p;uber-
natores locatenentes v't de-
putati eorumdem, domini-
um,titulum et jurifdidlionem
eorumdem villarum, caftro-
rum,oppidorum, infularum,
ac terrae firmas fie inven-
tarum, nobis acquirendo.
" In cujus &c.

** Tefte rege apud Wefi-
** 7nonafieriuin quinto die
. *' Martii.

*' Per ipfum Regein.'^

Before the Spaniards had difcovered that there was any a. d. 1498.
continent in the weftern part of the world Sebaftian Gabot^
proceeding under this authority, difcovered the ifland 01 New^

B 2 foundland^

I'

J^ The Ancient Right of the English Nation

fiundland^ together with the continent, from the 56* or 58**
to the 28* degree of north latitude.

At his return to England, to ufe his own words reported by
the Icartted Butrigarius preferved by Ramujh^a]^ ** he found
** great tunaults among the people, and preparation for wars-
** in Scstlmdy by reafon whereof there was no more confidera-
** tion had to this voyage ; whereupon, he went into Spam to
** the catholic king^ and queen Elizabeth,''^ Being favorably
received he made great dilcoveries for- the Spattinrds^ and was
held in fuch efteem that he was preferred above all other
pilots that failed to the Wefi Indies^ who might not pafs thi-
ther withoiit his licence ; , and therefore he was called 'the-
grand pilots. He was likewife made one of the council and
afUflasKs touching the affairs of the New Indies. Returning
afterwards into Englandliing Edward the Sixth, by advice of the
duke of Samerfet his governor, and protedor of the kingdom,
and the reft of the king's council, on the 6* day of January^
1549, in confideration of his fervices performed, and to be
RywcriFoed. performed, granted him a yearly penfion qf 166/. 13 j. ^d^
flerling for his life; neverthelefs the bed accounts we have
publiQied of his difeoveries made for the crown of England
are thofe which he gave to feveral eminent perfons when in
Spain, According to that given in a conference with Butri-^
gariusy who was the pope's legate there, he failed along the
coaft from the 56*'* degree north towards the equinodtial, till
he came to that part of the firm land fince called Florida [^].
He was the familiar friend of Peter Manyr of Angleriay
who was called the Pliny of his age ; was counfellor to Charles
the Firft king oi Spain^ and when emperor his chief fecretary,
and one of his council; and alfo protonotary apoftolical,
who in his third decade of the ocean, firft written to pope
Leo the Tenth, and afterwards, in 1516, dedicated, together
with the two f^r^^ to the king, relates to this effed. That
the north Teas had been fearched by Sebajlian Cabot — that
\a\ Vol. ii. f^] Ramujioy ubi fupra. , :-'■ '

having

to ihe AMEKtCAl^ FISHERY, &c.

Imving furniftied two fhips m England at his own charges,
proceeding with 300 men, he failed till he had advanced hv
towards the north pole ; that then turning weftward, and '
ooafting along the fhore, he was thereby brought fo far into
the fouth, by reafon of the land bending fo much fouthward,
that it was there almoft equal in latitude with the ftraits
mouth — that following the courfe of the land he failed fo far
towards the weft that he had the ifland of Cuba on his left
hand*— that he named the lands difcovered Baccalaos^ becaufe
that in thofe feas he found vaft numbers of fi(h fo called by
the inhabitants — that in many places of thefe regions he had
feen a particular fort of metal amongc. J inhabitants.

Francis Lopez de Gomara^z Sptmifh prieft, who was living'
in 1550, in his general hiltory of the ^^ /W/>^, writes to
this efFedt, that he who brought inoft certain news of the
country and people of Baccalaos was Sebaflian Cabot^ who
letting out with two (hips and 300 men from England failed
till he came to the 58*^ degree of north latitude; then fail-
ing weftward he refrefhed himfelf at 5<7Cftf//?w, and thence ;
failed along the coaft unto 38 degrees.

Hackluyt in his colledion of voyages, publiffied in 1589,
fays, ** the map of Sebaflian Cabot j cut by Clement Adams ^
•' concerning his difcoverie of the Wefl Indies was then to be
" feen in her majefties privie gallery at Weflminflevy and in
'* many other ancient merchants houles."

And John de Laet of Antwerp^ an author of good credit,
who in J 633 publifhed at Leyden a defcription of the Wejl
India in eighteen books, and whom Daniel Heinjius^ in his
commendatory verfes prefixed to the work, calls Rebus ejufdem
Indice prcefeSlmn^ in his introdu<9:ion to the fecond book,
fpeaking of the northern part of the American continent
extending fouthv/a; J from the 54*^* degree of North Latitude,
fays, " it is at this day called Now France^ not becaufe thefe
*• countries were firft traced or difcovered by the French ; for
" before the navigations of the Bretons and Normans from

'* France

S^

! I

1 '

6* '73^ Ancient Right of the English Nation

" Frame to thefe lands, a great partcf the coaft was not onljr
* ' traced, but alfo delineated by 'John and Sehajlian Caboty \
Veitetians^ under the aufpices of Henry the Seventh king of
England^ as the maps by them publifhed declare, of which
not a few remain in England at this time."
Father Charlevoix [f], after fpeaking of EJlotiland, fays,
more certain it is that about the year 1497 a Venetian
named John Gabot (Cabot or Gabato) and his three fons,
who had fitted out at the expence, or at leaft under the
authority, of Henry the Seventh king of England^ dif-
coveredthe ifland of Newfoundlandy and a part of the
neighbouring continent. They even add that they brought
to London four favages of thofe countries ; but good au-
thors have written that they never landed in any place ei-
ther of the ifland or the continent." This Jefuit, though
for the advancement of the intereft of France he is ever fol-
licitous to prejudice the rights of the Englifi^ names none of
his good authors whom he fuppofes to have teflified to the
negative of the Cabots landing in any part of the countries by
them difcovered.

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Temp. Hen.
VIII. & Ed.
VI.

A. D. 1527.

SECT. IL

I

KING Henry the Eighth fent two fair fhips, well man-
ned and vidualled, with Ikilful pilots, to feek ftrange
regions. On the 20^ of May they failed from the 'Thames,
Of their proceeding we have this fliort account remaining,
that failing very far north weft ward one of the fliips was caft
away as it entered into a dangerous gulph about the opening
between the north parts of Newfoundland and the country
called by queen Elizabeth Meta Incognita ; whereupon the
other fhip fliaping her courfe towards cape Britton, and the
coaft of Norumbega^ and oftentimes putting their men on
land, to fearch the ftate of thofe unknown regions, re-
[f] Htfi, de la Nouv, France, torn. i. p. 3.

turned

to

//^^ A M E R I C A N FISHERY, &c.

irned

turned home about the beginning of OSiober of the year afore-
fkid \d\ • \

Mr. Hore^ a merchant of Lo?idon^ being afiifted by the fa- a. d
vour and good countenance of king Henry the Eighth, with
divers others, in two (hips, in which were about 120 perfons,
whereof 30 were gentlemen, failed on difcoveries. The firft
land they made was about cape Breton. Sailing thence they
came to the ifland of Penguin^ lying about ten leagues to
the northward of cape Bonavifiay and three or four leagues
from the neareft part of Newfoundland, Afterwards they
went on jfhore upon the eaft fide of Newfoundland^ and '
having ftaid there fome time, their provifions failing them,
and grievous difafters enfuing thereupon, they returned to
England in OSiober [g].

Notwithftanding the great diftrefs which befel this com-
pany, in a few years the EnglijJj reforted frequently to New^
foujtdland for the benefit of the fifliery, as appears from an
aft of parliament pafled in the reign of king Edward the
Sixth, in favour of perfons concerned in the fifhing trade, z & 3
wherein it is thus declared, " For as much as within thefe '^' ^'
" few years now lafl paft there hath been levied, perceived,
** and taken, by certaine of the officers of the admiraltie, of
" fuch merchants and fifhermen, as have ufed and pradtifed
" the adventures and journeyes into Ifland^ Newfound-
*' LAND, Irela7td, and other places commodious for fifhing,
" and the getting of fifh, in and upon the feas or other-
" wife, by w^y of merchants in thofe parts, divers great
" exactions, as fums of money, doles or fhares of fifli,
" and fuch other like things, to the great difcourage-
*' ment and hinderance of the fame merchants and iifher-
" men, and to no little damage of the whole common
" wealth ; and whereof alfo great complaints have been
*' made, and informations alfo yearly to the king's majeflies
" molt honourable councel. For reformation whereof, and

[<i] Hackl. vol. i. p. 517. [^] Id. ib.

. *' to

'53^'-

E. VI.

8

'the Ancient Right of the English Nation

•* to the intent alfo that the faid merchants and fiftiermen
*' may have occafion the rather to pradlife and ufe the fame
*' trade of merchandife and fifhing, freely, without any fuch
** charges or exadlions, as is before limited, whereby it is to
** be thought that more plentie of fifli fhall come into this
" realme, and thereby to have the fame at more reafonable

prices.

'* Be it therefore enaded'* &c.

(i

I

Temp. Eliz.

A. D. 1583.

SECT. III.

! ;

■-,^»

ISJEWFOUN BLAND, with the adjacent countries,,
"^ ^ iflands, and fifheries, was in a manner the moft noto-
rious by Sir Humphrey Gilbert more clearly annexed and
fully brought under fubjeftion to the crown of Eiigland, of
which we have a particular relation given by Mr. Edward
Hayes, whereby it appears that on the ii**^ of June Sir
Humphrey failed with five (hips manned with about 260 men,
from Caufet bay, near Plymouth, The largeft, burthen 200
tons, named the Rawley, was vice admiral, and fitted out by
the iliuftrious perfon whofe name (he bore, who was half bro-
ther to Sir Hutnphrey. Mr. Hayes was captain and owner of
the fhip Golde?t Hinde, the rear admiral. On the 3*^ o{ Augujl
having entered and come to an anchor in the harbour of St,
"John, the captains and mafters repaired on board their admiral,
'* whither," to proceed in the authors words, " alfo came im-
** mediately the mafters and owners of the fifhing fleet of
" EngliJJjmeny to underftand the general's intent, and caufe of
" our arrival there. They were all fatisfied when the geiieial
" had fliewed his commiffion, and purpofe to take pofleflion
*' of thofe lands to the behalf of the cxovjn oi England, and
*' the advancement of Chrifiian religion in thofe Paganifh
*' regions, requiring but their lawful aid for repairing of his
** fleet, and fupply of fome necefl^aries, fo far as conveniently
*' might be afforded him, both out of that and other harbours

" adjoining.

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/» /^^ A M E R I C A N F I S H E R Y, &c.

" adjoining. In lieu whereof he made offer to gratify them

* with any favour and privilege which upon their better

* advice they (liould demand, the Hke being not to be ob-
tained hereafter for greater price. So craving expedition of

"^ his demand, minding to proceed further South without
long detention in thofe parts, he difmifled them, after pro-

* mife given of their beft endeavour to fatisfy fpeedily his fo
reafonable requeft. The nerchants with their maftcrs

* departed, they caufed forthwith to be difcharged all the
great ordnance of their fleet in token of our welcome."
''it was further determined that every fhip of our fleet

** fhould deliver unto the merchants and mailers of that har-
" hour a note of alKheir wants; which done the (hips, as well
'* Bnglip as ftrangers, were taxed at an eafy rate to make
** fupply. And befides, commiflioners were appointed, part
" of our own company, and part of theirs, to go into other
** harbours adjoining (/or our Englifli merchants command nli
'* /Zvr^^ to levy our provifion ; whereunto the Por/Af^^/f (above
** other nations) did moft willingly and liberally contribute;
" infomuch as we were prefent-ed (above our allowance) with
** wines, marmalads, moft fine rufke or bifket, fweet oils,
^* and fundry delicacies." After mentioning what is at
prefent immaterial, the author fays that, on monday following,
•' the general had his tent fet up, who being accompanied
*' with his own followers, fummoned the merchants and
*' mafters, both Englijh and ftrangers, to be prefent at his
** taking pofleflion of thofe countries. Before whom openly
** was read, and interpreted unto the ftrangers, his com-
*' miflion ; by virtue whereof he took pofleflion in the fame
" harbour of St. John^ and 2Co leagues every way, inverted
** the queens majefty with the title and dignity thereof, had
** delivered unto him (after the cuftom of EngJand) a rod and
*' a turf of the fame foil, entering pofleffion alfo for him, his
" heirs and affigns for ever: and fignified unto all men, that
** from that time forward they .fliould take the fame land as a

C " territory

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7l,e Ancient Right ef de English Nation

territory appertainiii^j to the queen of England^ and hinifelf*
authorized under her majefty to poflefs and enjoy it, and to
ordain laws for the government thereof, agreeable (fo near
as conveniently might be) unto the laws of Englandy under
which all people coming thither hereafter, either to in-
habit or by way of traffick, fhould be fubjedled and go-
verned. And efpecially at the fame time for a beginning
he pofed and delivered three laws to be in force immediate-
ly. That is to fay, the firft for religion, which in public
exercife (hould be according to the church o{ England,
The 2** for maintenance of her majefties right and pof-
feHlon of thofe territories, againft which if any thing were
attempted prejudicial the party or parties offending fhould
be adjudged and executed as in cafe of high treafon, ac-
cording to the laws of England* The 3*^ if any perfon
fhould utter words founding to the difhonour of her majefly
he fhould loofe his ears, and have his fhip and goods con-
£fcate.

** Thefe contents publifiied obedience was promifed by
general voice and confent of the multitude as well oiEng-^
lijh men as flrangers, praying for continuance of this pof-
feffion and government begun. After this the aflembly
difmiflcd ; and afterward were erected not far from

was

that place the arms oi England^ ingraven in lead, and infixed
upon a pillar of wood. Yet further and adually to eftab-
lifh this pofleffion taken in the right of her majefly^ and
to the behoof of Sir Humphrey Gilbert knight, his heirs and
afligns for ever, the general granted in fee farm divers
parcels of laod lying by the water fide, both in this har-
bour of St. Joimy and elfewliere, which was to the owners
a great commodity, being thereby afTured (by their proper
inheritance) of grounds convenient to drefs and to dry their
fi(h, whereof many times before they did fail, being pre-
vented by them that came firft into the harbour. For

d convenant to pay a certain rent

grounds they

and

)per
heir

/(? //5^ A M E R I C A N F I S H E R Y, &c.

** and fervice unto Sir Humphrey Gilbert^ his heirs or afligns
** for ever, and yearly to maintain polleflion of the fame, by
" themfelves or ^ leir afligns. • • f -,v ; v -

" Now remained only to take in provifion granted, accord-
** ing as every (hip was taxed which did fifh upon the coaft
** adjoining. In the mean while the general appointed men
** unto their charge; fome to repair and trim the fhips,
** others to attend in gathering together our fupply and pro-
*' vifions; others to fcarch the commodities and nngularities
" of the country, to be found by fea or land, and to make
" relation unto the general what either themfelves could know
** by their own travail and experience, or by good intelligence
** of men, Eftglijh or ftrangers, who had longcft frequented
** the fame coaft. Alfo fome obfervcd the elevation of the
" pole, and drew plats of the country cxaAly graded ; and
*' by that I could gather by each mans feveral relation I
** have drawn a brief defcription of the Newfoundlandy with
" the commodities by fea or land already made, and fuch alfo
** as are in pcifibility and great likelihood to be made: ncver-
** thelefs the cards and plats that were drawing, with the
** due gradation of the harbours, bays and capes, did periih
** with the admiral; wherefore in the defoription following
** I muft omit the particulars of fuch things.* ' '

Then follows a brief relation of the Newfoundland and
commodities thereof, which the author begins thus.

*** That we do call the Newfoundland^ and the French men
" Baccalaosy is an ifland, or rather (after the opinion of fome)
" (it confifteth of fundry iflands and broken lands, fituate in
" the North regions di America^ upon the gulph and entrance
" of the great river called St. Laurence in Canada y into the
" which navigation may be made both on the South and
" North fide of this ifland. The land lyeth South and
" North, containing in length between 3 and 400. miles,
"accounting from cape Race (which is in 46 deg. 25 min.)
*' unto the grand bay in 52 deg. of feptentrional latitude.

C 2 " The

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M The Ancient Right of the English Nation

** The ifland round about hath very many goodly bays and
" harbours, fafe roads for {hips, the like not to be found in
** any part of the known world [/]." . .

Mr. Hayes in the former part of his relation fays, " The
" firft difcovery of thefe coafts (never heard of before) was
" well begun by the Cabots^ who were the firft finders out of
** all that great trad of land ftretching from the cape of
*' Florida unto thofe iflands which we now call the Nem-
^^ foundlandy all which they brought and annexed unto the
** crown of England"

With Sir Hum^ rey went Stephen Parmenius^ a learned
Hungarian, and who was loft with him in their return [^}.
In a Latin letter to Mr. Hackluyt, dated at St.. Johns haven
in Newfoundland the 6**" oi Augufi 1583, wherein he gives
an account of their proceedings, he exprefles himfelf thus [^}.
In hum locum tertio Augufli appulimus t quinta autem ipfe
admiralius has regiones in fuam et regni Anglice pojfejfonem
potejlatemque vendicavit, latis quihufdam legibus de religione et
ohfequio .regituse Anglits^ ** We arrived at this place the 3*^ of
" Augufi \ on the 5'** the admiral reduced thefe countries into
" the pofleflion. and power of himfelf and the kingdom of
" Englandy having given certain laws, concerning religion and
** obedience to the queen of England,"

The grant and authority in virtue whereof Sir Humphrey
Gilbert proceeded were made and given to him by lettera
patent iflued under the great feal of the kingdom ; and it is
to be remembered that the territorial jurifdidion which was
thus eftablifhed in the crown of England comprifes all thofe
portions of the main land M/hich in part furround and form^
the great bay or gulph, as well as the gulph, together with the
ifland of Newfoundland, and all the adjacent iflands feas and
fifhing-banks; and moreover extends {o far as to comprife the

[/] Hackluyty vol. i. p. 686, &c. * tendons perilhed with him." Vol. i.
[g] Charlevoix ('^takma oi S\x Hum- p. 418.
phr^^y fays, *' his projecfts and his pre- [h\ llackluyty vol. i. p. 6^y.

' i ., country

to t^e AMERICAN FISHE R Y, &c.

country of Nova Scotia^ according to its limits given by the
grant to Sir William Alexander. And it is to be noted that
at the time of this proceeding, or at any other time during
the reign of queen Elizabeth^ no other Chrijlian prince had
pofleflion of any part of the land thus comprifed. It may
be obferved that in confequence of Sebaftian Cabots difcover-
ing the country oi BaccalaoSy and his return with the tidings to
Europe^ the Portuguefe^ Spanijh and Frenchy as well as Englijh
flfliermen reforted early to the new found land, of which
defcriptive words an appellative was in time formed by the
Englijh, and appropriated to the great ifland which was the
chief feat of this fifliery, and Stephen Parmenius [jf] fays that
when Sir Hutnphrey Gilbert entered St. *Johm harbour they
found about twenty Portugal 2sA Spanijh ^x^% there, befides
the (Lips of the EngliJJj»

n

S E G T. IV.

1

Temp.
&Car.

Jac. I.
I.

IN the reign of king James I. various meadires were taken
for fettling and improving Newfoundland, and the fifliery.
For this purpofe, > - .,.,..,

His majefty by letters patent incorporated the earl of ad.
Northampton lord privy feal, lord chief baroa TanJield, Sir ^"^^^
John Doddridge one of the kings ferjea-nts at law, Sir Francis
Bacon his folicitor general, Sir Daniel Dun, Sir Walter Cope,
Sir Percival Willoughby, and Sir John ConJlable knights, and
forty other perfons by name, and their aflbciates, giving them;
ample powers and privileges, and granted to them and their
fucceflbrs, after making them a fpecial grant of part, all thofe
countries, lands, and iflands, commonly called Newfoundland,
which are fituate between forty and fix degrees of northerly
latitude, and two and fifty degrees of the like latitude. The
fettlement o^ Newfoundland v/^^ not purfued and advanced by
this great company according to the expedations formed.

[il Hacklu)'t,.v.o\.\. p. 697. ■ ' v^'" ' "

iipoa

1610;

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14 • 7ii Ancient Right of the English Nation

upon their cftablirhment ; they did indeed, in order to plant
a colony there, fend a number of perfons under the diredlion
of Mr. John Guy a worthy merchant of Briflol^ and one of
the company, who had induftrioufly folicited the making of
a fettlement in Newfoundland^ but having ftaid there two years
he returned.

The other mcafures taken hereupon will appear from a
treatife written by captain Richard IVhitbourne of Exniouth^
publiQied in 1623, together with a copy of the proceedings
of the king, and of his council, relative to it, containing the
following order from his majefty, and letter from the lords of
the council to the archbifhops oiCanterhury and TorJi^ to wit.

^' PiXTheobaldsy th&ii'^oi April, 1622.^

" His majefty is gracioufly pleafed that the lords arch-
bifhops o( Canterbury and Tork do in their feveral provinces
proceed according to the letters of the lords of the council,
bearing date the laft of June 1621 as well in recommend-
ing captain JVhitbournes difcourfe concerning Newfound-
land, fo as the fame may be diftributed to the feveral
parifhes of this kingdom, for the encouragement of adven-
turers unto the plantation there, as alfo by furthering (in
the moft favourable manner they can) the colledtions to be
thereupon made in all the faid pariflies, towards the charge
of printing and diftributing thofe books, and the faid captain
Whitbournes good endeavours and fervice, with expence of
his time and means in the advancing of the faid plantation,
and his feveral great lofles received at fea by pirates and
otherwife, of which his majefty hath been credibly certified.'*

Then follows the letter of the lords of the council in thefe
words,

** After our very hearty commendations to your good lord-
** fhips," ** Whereas captain Richard IVhitbourne of Exmouth
•*' in the county of Dcwn^ gentleman, having fpent much

** time

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to the XMEKICAN FISHERY, &c.

time in Newfoundland (whither he hath made fundry
voyages, and fome by exprefs commiflions) hath fet down
in wiiting divers good obfervations and notes touching the
ftate and condition of that country and the plantation there,
which being by order from us now printed, it is defired to
be publiQied throughout the kingdom for the furthering
and advancement of the faid plantation, and to give in-
couragement to fuch as (hall be willing to adventure therein
and aSift the fame, either in their perfons or otherwife, to
which we think the publication of this book may much
conduce : and we do give good approbation to his good
endeavours and purpofe. So have we thought fit earneftly
to recommend him unto your lordfliips good favours both
for the diftribution of his books within the provinces of
Canterbury and Tork^ unto the feveral pariflies thereof, and
alfo for your lordfhips help and furtherance, that after his
great travels and eharges, wherein he hath fpent much of
his time and means, having long been a merchant of good
eftate, he may reap by your lordfliips affiftance fome profit
of his labours, and towards the printing and diftributing
the faid books by fuch a voluntary contribution as fliall be
willingly given and colleded for him within the feveral
parifli churches of the faid provinces ; which will be both
a good encouragement unto others in the like endeavours
for the fervice of their country, and fome reward to him for
the great charge, travels and divers loffes at fea which he
hath received, as we are credibly certified. And fo com-
mending him earneftly to your good lordfliips, we bid your
lordfliips very heartily farewell. From Whitehall the laftr
dayofyunei62i"

*' Signed by the ^

Lord treafurer, lord privy feal, duke of Lenox, marquis
Hambleton, earl of Arundell, earl of Kelly, lord . "^<:ounC
Doncafier, lord vifcount Faulkland, mafter treafurer, mafter
fecretary Calvert^ mafter of the rolles.'*

The

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x6 The Ancient Right of the English Nation

The purpofe of this work, as declared in the authors dedi-
cation to his majefty, was to " beget a difpoiition in all his
•* fubjedls for a plantation in Newfoundland^ grounded upon
** reafon of induftry both generally and particularly profitable
" to the undertakers and pofterities, as well in matters of
** wealth as alfo the means for increafe of defence and power."

The author begins his addrtis to his majeftys good fubjedls
as follows.

" Having had my breeding for many years together in the
** courfes of merchandizing and navigation, I have, through
** the expence of my time in that calling, fet this down to
" myfelf, for my duty therein, to obferve and colled wherein
** my labours might become {)rofitable to ray country; and
** the rather becaufe I could not be ignorant how much the
" maintenance and increafe of (hipping and mariners concerns
** us, who may fitly be ftiled the nation of t"he fea, which
" general reafons were more and more commended to me by
** more particular confiderations offered me in the notice I
" took of the difpofition and affairs of other ftates to which
" ours hath relation."

This author made his firft voyage to Newfoundland in or
about the year 1580. He was prefent at Sir Humphrey
G/7/$^r/j authoritative proceeding there in 1583; and abou'^iwo
years after making anotb'ir voyage thither he was there when
(to ufe his words) "one Sir Bernard Drake of Devo7ifljire
" knight. came thither with a commilllon, and having divers
** good (hips under his command he there took many Portugal
** (hips laden with fifli and train oil, and brought ihem into
" England as prizes." In the year 1588 he ferved under
the lord admiral as captain of a (hip of his own, fitted out at
his expence againft the Spanijb armada; after which he re-
turned to the fiQiing trade at Newfoundland, having in the
Gourfe of about 40 years made frequent voyages thither be-
fore writing this treatife, the preface whereof contains the fol-
lowing paragraph. " In the year 161 5 I returned again to
4 " Newfound"

/^ //5^ A M E R I C A N F I S H E R Y, &c.

'* Newfoundland^ carrying with me r crinminion out of the
*' high court of admiralty, authoriz'ng n . to imjianncl juries^,
** and to make enquiry upon oath oF fuadry abufes and dif-
r<* orders committed amongft fifhermcn yearly upon that
** coaft, and of the fitted means to redrefs ihc fame, with
** fome other points having a more particular rclatiOii to the
'* office of the lord admiral." Afterwards in the difcouifc
he informs the king that in the month oijfune^ in Trmity bay,
he began, to the ufe of his majefty, to execute his commiflion ;
by precept called the mafters of the Englijh (hips that were
near thereunto — that in other harbours he did the like— -uiat
the juries impannelled were compofed of 170 mafters of
fliips — that by their prefentments under their hands and feals
they prefented fundry abufes committed in the fifhery, which
prefentments at his return he delivered into the high court of
admiralty. - . .

Another part of the work contains this p^fTage, *' In the
" year 161 5, when I was at Newfoundland^ with the com-
** mifTion before mentioned, which was an occafion of my
*V taking the more particular obfervations of that country,
** there were then on that coafl, of your majeftys fubjeds,
** above 250 fail of (hips great and fmall. The burthens and
** tonnage of them all one with another, fo near as I could
" take notice, allowing every fhip to be at leaft threefcore
'* tun (for as fome of them contained lefs, fo many of them
** held more) amounted to more than 15,000 tuns. Now for
" every threefcore tun burthen, according to the ufual man-
** ning of (hips in thofe voyages, agreeing with the note I then
*^ took, there are to be fet down 20 men and boys, by which
" computation in 250 fail there were no lefs than 5000 per-
" fons. Now every one of the(e (hips, fo near as I could
" guefs, had about 120,000 fidi, and five tun of train oil one
** with another; fo that the total of the fi(h in 250 fail of
" thofe (hips, when it was brought into England^ France^ or
" Spainy being fold after the rate of fpur pound for every

D ** thoufand

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1 8 7ll>e Ancient Right of the English Nation

" thoufand of fi(h, fixfcore fiflies, to the hundred, which is
** not a penny a fi(h, and if it yield lefs it was ill fold, amounted
" in money to 1 20,000 pounds.'*

*' Now, as I have faid before, allowing to every fhip of 60
** tun at lead five tun of train oil, the total of all that arifeth
** to 1250 tun, each tun, whether it be fold in England^ or
** elfewhere, being under- valued at 12 pounds; fo as the
** whole value thereof in money amounteth to the fum of
" 1 5,000 pounds, v^hich added to the fifli it wil^ appear that
** the total value of the fi(h and train oil of thofe 250 fail of
•* fhips that year might yield to your majeftys fubjeds better
•• than the fum of 135,000 pounds, omitting to reckon the
** over-prices which were made and gotten by the fale thereof
** in foreign countrys, being much more than what is ufually
** made at home ; and fo the like in other years.'*

The meafures that were then takirrg i order to the effedual
fettlement of Newfoundland will appear from a paper pre-
fixed to this work, containing the following account thereof.

" The names of fome who have undertaken to help and
" advance his majeftys plantation in the Newfoundland^ viz.

'* The right honourable Henry lord Cary^ vifcount of
'* Faulkland^ lord deputy general of the kingdom oi Ireland ^
** hath undertaken to plant a colony of his majeftys fubjedts
" in the Newfoundland^ and his lordfhip hath fent thither
" from Ireland lh\^ year 1623 many men and women under
" the rondudt of Sir Francis Tanfill knight, with all neceflaries
** fit for them ta build houfes, eleanfe land for gardens,
** meadow and tillage, and likewife tu provide a place fitting
" for fifhing, and fuch neceflaries as appertain thtreunto for
" a greater number of people (God willing) to be fent thither
** the next year, and his honour is well pleafed to enters. in
** fuch as fhall be willing to be adventurers with him therein,
** upon very large and fit conditions, which are fet forth in
** print, by his lord(hips order; and in his honours abfence he
** hath authorized his agent mafter Leonard Welfled gentle-

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man, by warrant under his hand and feal, to ratify whatfoever
fhall be by him concluded with any in this kingdom therein.
The faid mafter Weljleds houfe is at the lower end of St.
Martins lane in the field."

" The right honourable Sir George Calvert knight, princi-
pal fecretary unto the kings moft excellent majefty, hath
alfo undertaken to plant a large circuit of that country, who
hath already fent thither a great number of men and wo*
men, with all neceffary provilions fit for them, where they
live pleafantly, building of houfes, cleanfing of lard for
corn and meadows, cabage, carrots, turnips and fuch like;
and they are preparing to make fait for the preferving of
fi(h, and for divers other fervices. And his honour is like-
wife well pleafed to entertain fuch as will adventure with
him therein upon very large and fit conditions, as are to be
feen."

" The worthy yohn Slany of London^ merchant, who is one
of the undertakers of the Newfoundland plantation, and is
treafurer unto the patentees of that fociety, who have main-
tained a colony of his majeftys fubjeds there above twelve
years, and they are willing to entertain fuch as will further
and help the faid plantation, upon fit conditions."
" Some worthy citizens of the city of Briftol have under-
taken to plant a circuit of that country, and they have
maintained a colony of his majeftys fubje£ts there above {\x
years, who live there pleafantly, and they are well pleafed to
entertain fuch as will be adventurers w'th them."
** The worthy Willium Vaughan of Taracod^ in the county
of Caermarthen^ doftor of the civil law, hath undertaken
to plant a colony of his majeftys fubjedls in Newfoundland^
and did fend thither in two feveral years a great number of
idle people that in all that time had not done there any
labour for the forefaid dodlor to the value of a penny,
whereof I did acquaint him at my return from that coun-
try, fo as he fent for them all home again, and now he is

D 2 " providing

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The Ancient Right of the English >fATioN

" providing again to fend thither this next year 1624 a greater
" number of people than he did before, and is alfo well

pleafed to entertain any fuch as fhall be willing to be

adventurers with him therein, upon fit conditions."
• *' And there are many other right honourable and right
*' worQiipful lords and knights, which are undertakers in the
*' TV^r^y^/WZ^W plantation, whofe names are not herein men-
*' tioned; and it is well hoped that divers other worthy
** perfons will alfo put their helping hand to advance the
" fame, when they are given to underftand what honour and
** benefit may accrue thereby.'*

The prefent occafioni it is apprehended, does not require
letting forth the efFeds of the feveral nicafures at this time
carrying on and concerted for the better fettlement of New-
foundlandi nor am I capable of doing it were it ncceflary \
but it may not be amifs to obferve that Sir George Calvert
having begun his fettlement at Ferriland in 1621, Ibme years
afterwards removed thither with his family, where we are
told he built a good houfe, eredled a ftrong fort, fbid feveral
years, and then returned to England^ in order to get what he
rljtained, a grant of the country which is now the province
of Maryland, Dodor Vaughan likewife for the better ad-
vancement of his plantation went to Newfotmdlandy and
during his refidence there wrote his poem entitled the Golden
Fleece.

With refpeft to that important part of the country ofBac-
calaos which partly forms the weftern and fouthern fides of
the gulph, extending thence near W. S. W. named in a very
ancient fmall map which I have feen Arcadia^ and thence
probably Acadia and Acadie^ it is to be obferved that the
French having in the former part of that kings reign feated
themfelves there, in 161 2 or 1613, when attempting to make
new encroachments, >ir Samuel Argall difpoffefled and drove
them dean out of it, carrying away their commanders pri-
,A. D. 1620. funers to Virgima. And on the 3** oi November 1620 king

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James^ by his letters patent paffed under the great feal of the

kingdom of England^ wherein after mentioning a prior divi-

fion of the perfons intending to make plantations in Amerkay

in order to form two diftind colonies, anc' alfo mentioning

the meafures taken for eftabliOiing the firfl colony, it is thus

recited " Now forafmuch as we have been in like manner

humbly petitioned unto by our trufty and well beloved

f rvant Sir Ferdinando Gorges knight, captain of our fort

** and ifland by Ply mouthy and by certain the principal knights

«* and gentlemen adventurers of the faid fecond colony, and

•* by diverfe other perfons of quality who now intend to be

«* their aflbciates, diverfe of which have been at great and

** extraordinary charge, and fufteyned many lofles in feeking

•* and difcovering a place fit and convenient to lay the foun-

**- dation of a ' opeful plantation, and have divers years paft

** by Gods afliftance and their own endeavours taken adual

•* pofleilion of the continent hereafter mentioned, in our

«* name and to our ufe as foverain lord thereof, and have fet-

«* tied already fome of our people in places agreeable to their

*' defires in thofe parts, and, in confidence of profperous fuc-

** cefs therein by the continuance of Gods divine blefiing,

** and our rayal permifiion, have refolved in a more plentiful

<* and efi'eftual manner to profecute the fame, and to that

** purpofe and intent have defired of us for their better en-

** couragement and fatisfadion therein, and that they may

** avoid all confufion queftions or differences between them-

** felves and thofe of the faid firft colonic, that we would like-

** wife be gracioufly pleafed to make certain adventurers

** intending to eredl and eftablifli fijhery^ trade and plantation

•* within the territories, precinds and limits of the laid fecond

*' colony, and their fuccei3brs, one feveral diftinft and entire

*' body, and to grant unto them fuch eftate, liberties, privi-

** leges, enlargements and immunities there as are in thefe our

** letters patents hereafter particularly expreflied and declared.

** And forafmucli as we have been certainly given to under-

" ftand

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2 2 77je Ancien^t Right of th English' Nation

" ftatid by divers of our good fubjeds that have for thefe
** many yerrs paft frequented thofe coafts and territories be-
** tween the degrees of forty and forty eight, that there is no
■** other the fubjeds of any Chrijlian king or ftate by any
** authority from their fovereigns lords or princes a6^:ually in
** polTeflion of any the faid lands or precinds, whereby any
*' right, claim, intereft or title may might or ought by that
^* means accrue belong or appertain unto them, or any of
" them ;" did by the advice of the lords and others of his
privy council ordain and eftabliQi that a portion of the conti-
nent of America^ contained within certain limits hereafter
mentioned, with all the feas and iflands within thofe limits,
fliould be the limits of the fecond colony, to be thence forth
for ever called by the name oOVew England in America\ and
did ordain, conftitute and appoint that there (hould be for
ever thereafter in the town of Plymouth one body politic with
perpetual fucceffion, to confift of forty perfons, to be named
'The council efiablijhed at Plymouth in the county £/* Devon, for
the plantings rulings ordering and governing of New England in
America; and did alio appoint the duke of Lenox, marquis
Buckingham, marquis Hamilton, earl of Pembroke, earl of
Arundell, earl of Bath, earl of Southampton, earl of Salifburyy
earl of Warwick, vifcount Haddington, lord Zouch, lord Shef-
field, lord Gorges, Sir Edward Seymour knight and baronet.
Sir Robert Manfell, and feventeen other knights, Mathew
Sutcliffe dean of Exeter, Robert Heath efquire, and fix others
of the fame degree^ to be the firft council eftabliflied at Ply^
mouth &c. and did by the advice aforefaid thereby grant and
confirm unto the faid council, and to their fucceflbrs for
ever, all that part of America extending in breadth from the
fortieth to the forty eighth degree of no*^h latitude inclufively,
and in length throughout the main land from fea to fea,
with the iflands and feas adjoining. Notwithftanding this
proceeding,

On

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thefe
es be-
eis no
y any
ally in
3y any
)y that
any of
of his
conti-
xeafter
limits,
e forth
I', and
be for
c with
named
m, for
and m
larquis
arl of

Shef-
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'athew
others
Ply.
t and
rs for
n the
ively,
fea,
this

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«? /iS/AMERIC AN FISHERY, &c. 23

• On the 10* day of September 1621, king James by his a. d. 1621.
' charter, after reciting among other things that he had always
been intent to embrace every opportunity of promoting the
honour and emolument of his kingdom of Scotland [nos
femper ad quamlihet qua ad decus et i..nolumentum regni nofiri
Scotia fpeSfaret occajionem ampleSiandum fuiffe mtentos\ and
that Sir William Alexander knight, who was the firft that at^
his own expence of his countrymen endeavoured to deduce a
foreign colony, had requefted divers lands, circumfcribed by
limits therein after mentioned, to bt peopled, through his
royal care for the propagation of the Chrijlian religion, and
for acquiring the opulence profperity and peace of his natural
fubjeds of his kingdom o{ Scotland^ as other foreign princes
in like cafes had done, with the advice and confent of John
earl of Marr^ his counfellor and treafurer, and of the reft of
the lords commiflioners of his faid kingdom, " did give
" grant and difpofe unto the faid Sir William Alexander ^^ his
'* heirs or afligns, hereditarily, all and fingular the lands of
** the continent and the iflands fituated in America within
" cape Sable^ lying in forty three degrees north latitude, or
" thereabouts; thence along the coaft to St. Marys bay, and
*' thence pafling northward by a right line acrofs the gulph
** or bay now called Fundy to the river St, Croix^ and to the
" remoteft weftern fpring-head of the fame ; whence by an
<* imaginary line conceived to run through the land north-
" ward to the next road of fhips river or fpring difcharging
** itfelf into the great river of Canada^ and proceeding thence
" Eaftward along the fhores of the fea of the faid river of
*' Canada to the road haven or fliore commonly called Gafpie^
"and thence South Eaftward \yerfh Euronotum'\ to the
*' iflands called Baccalaos or cape Britton, leaving the faid
** iflands on the right, and the gulph of faid great river of
** Canada and the lands of NewfoundlHudy with the iflands to
'* thofe lands pertaining, on the left ; and thence to the pror
" montory of cape Britton aforefaid, . lying near or aboivt

'^the.:

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24 "t??^ Ancient Right of the English Nation

" the latitude of forty five degrees, and from the faid pro-
" montory of cape Britton towards the South and Weft to the
** aforefaid cape Sable where the perambulation began, ik -
<* eluding and comprehending within the laid fhores of the
" fea, and their circumferences from fea to fea, all lands of
*' the continent, with the rivers, torrents, bays, coafts, iflands
" or feas lying near or within fix leagues of any part of the
** fame on the Weftern, Northern, or Eaftern parts of the
fhores, coafts and precindls thereof, and on the South Eaft
[ah Eurmoto] where cape Britton lyeth, and on the Southern
" part of the fame where cape Sable is, all feas and iflands
" towards the South within forty leagues of the faid fhores of
*^ the fame, including the great ifland commonly called the
" ifle of SabUy lying South South Weft [li] about thirty
** leagues from faid cape Britton in the fea, and in latitude of
" forty four degrees, or thereabouts, to be called in all future
** times NffOa Scotia in America,''

In witnefs whereof the king thereby commanded his great
feal to be affixed, James marquis of Hamiltouny George earl
marfhall lord Keth^ Alexander earl of Dumferling the kings
chancellor, 'Thomas earl of Melrois his fecretary, his counfellor
Sir Richard Cokburne keeper of the privy feal, George Hay

[/^J In my copy, which is authenti-
cated on every page, the feas and iflands
lying towards the South comprehended
in this grant are thus defcribed. Et
ah euionoto ubi jacet cap Britton et ex
aujirali parte ejusdem ubi eft cap de Sable
tTttnia maria ac infulas verfus meridium
intra quadraginta leucas di£larum orarmn
iittoralium earundem magnam infulam vul-
gariter appelat' ijle de Sable vel Sablon
includen* jacen* verfus Carban vulgo South
South Eaft circa triginta leucas a di£fo
cap Britton in mari et exiften* in latitu-
dme quadraginta quatuor gradunm aut ea
circa. The middle of the ifle oi Sable^
according to Dr. Mitchels map, lies
about S. S. W. from cape Britfon.

Every one knows that the ancients dif-
fered much in their fenfe of the words
ufed to denote the feveral divifions of
the whole circuit of winds or of the
horizon. Carbas, according to Dr.
Littleton, means a foutherly and wefter-
ly, the South-wefl: wind. According
to Mr, /iinfwortb the South- weft wind ;
and the Italians by Garbino mean the
S. W. wind i wherefore I am inclined
to think that by fome cafiul miftake
in the original charter, the record, or
my copy, the words S. S. E. have taken
place of S, S. W. Having obferved
thus much the reader may correft this
point at his pleafure, if he think it
worthy of his attention.

clerk

iii;ii

to

//&^ A M E R I C A N FISHERY, &c.

as

n, u -
of the
nds of
[{lands
of the
of the
hEaft
uthern
iflands
ores of
led the
thirty
:ude of
i future

'ge

s great
earl
kings
nfellor
z Hay

ients dif-
Ihe words
ifions of
of the
to Dr.
wefter-
cording
;ft windi
lean the
inclined
miftake
[cord, or
Ive taken
(bferved
•reft this
think it

C

lerk

John Cokhurm clerk of
of the chancery, knights,

clerk of the rolls regifter and council

the jufticiary, John Scott director

being witnefles. Signed by the king at Wind/or on the i o"'

day of September^ and fubfcribed by the chancellor, treafurer,

fecretary, and the reft of the lords commiflioners, and of the

privy council of the faid kingdom of Scotland,

From what precedes it is evident that the chief part of the
lands granted for the fettlement of a Scotch colony in America
was before granted under the great feal of England ^ and
comprized within the limits of the fecond Englijh colony
eftablifhed there ; and the whole grant to Sir JVilliam Alex-
ander^ according to my plain fenfe of it, was derogatory to
the right of the crown of England^ all the lands thereby
granted being parcel of the dominion thereof, and in which
right king James adually held the fame at the time when by
his charter, as far as in him lay, he thus annexed them to the
crown of Scotland,

" This grant to Sir William Alexander was confirmed by
" a patent from king Charles the Firft, dated the i 2^'' oijtily

1625, which patent marks out the fame limits; being al-
' moft word for word the fame with the preceding.

" In confequence of thefe grants, Sir William Alexander

took pofleilion of this country, made a fettlement at Fort

Royal^ and built a fort there; and having given leave to
" Claude de la Tour, and his eldeft fon Charles, to improve
** lands and build within the faid territory for their own
" advantage, in confequence thereof they made a fettlement,
" and built a ftrong fort upon St. Jolms river called Fort la
" Tour^^

This account we have in the memorial of the EngliJJj,
commifTaries concerning the limits of Nova Scotia or Acadia,
dated at Paris the ii^*^ di January 1751, and publifhed with
others at London in 1755 [/J. The Englijh and French
hiftorians agree in faying that in 1622. Sir William Alex-

[/J Page 41.

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j6 7^^ Ancient Right o/" the English NATIOP^

/7Wi?r fent a fhlp with perfons to plant and fettle a colony
in JVova Scotia — that fetting out too late in the year they were
forced to winter at St. yohns in Newfoundland-^thdX the next
year proceeding on their voyage they vifited federal harbours
in Nova Scotia, but returned in that year or the next ; and I
have not been able to find that any other fhip was ever fent
from Scotland upon this fervice.

In order to fettle this colony an extraordinary proje<3: was
formed, and approved by the king, that a dignity, new in
Scotland, fhould be conferred on the undertakers, of which
Cha77iberlayne gives this account. " The order of Baronet in
*' Scotland W2is. firft ere^T.^d for advancing the plantation of
*' Nova Scotia in America, and for fettling a colony there, to
*' which the aid of thefe knights was appropriated : This or-
" der was defigned by king James the Sixth before his death,
*' but was not aftually founded till the time of king Cy^^r/^r
'* the Firft (A. D. 1625) who difpofed to each of thefe
'* knights a certain portion of land in Nova Scotia', and
*' for their further encouragement, did conftitute and or-
'' dain that heretable ftate and ftile of Baronet, to be en^
joyed by every of thefe gentlemen who did hazard their
lives for the good and increafe of that plantation, and
" their heirs male for ever, with priority and precedency
before all knights called Equites Aurati, all lefler Barons-
commonly called Lairds, and before all other Gentlemen,
(except Sir W. Alexander, his majeftys lieutenant of Novc^
Scotia, and his heirs, their wives and children) and that to
" the Chriftian name of thefe knights fhould be added the
** tide Sir A, B. Baronet-, and his fons wives fhould enjoy the
" tide and appellation of lady, madam and dame refpedively,.
*^ according to the ufual phrafe in fpeaking and writing.
The king promifing that the number of Baronets in Scot^
land fhould not exceed the number of 1 50, and that he
*' would not create any other dignity or order fuperior to that
" oiBarojiet, Further to adorn this order, they were allowed
4 "to

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were
; next
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md I
r fent

a was
2W in
which
met in
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ire, to
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death,
Iharlesr
thefe
; and
d or-
3e en^
their
, and
dency
laronS"
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Nova
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Scot-
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/(? /^ A M E R I C A N FISHERY, &c.

«' to wear and carry about their necks, in all times coming,
** an orange tmmy filk ribbon^ whereon was to hang pendant,
** in 2^ fcutcheon argent^ ^faltire azure^ and thereon an in-
** efcutcheon of the arms oi Scotland^ with an imperial crown
" above the fcutcheon, and incircled with this motto, Fax
** mentis honejlce gloria. All vAivc^ grants are regiftered in the
'* books oi Lion king of Anns ^ and the heralds, there to remain
** 2Afuturam rei memoriam. But after the felling oi Nova
*' Scotia to the French this order became an honourable title
** in Scotland^ conferred at the kings pleafure without limita-
** tion of number [^//]."

From others it appears that at their firft inftitution thele
baronets in addition to their coats of arms were to bear,
either on a canton, or inefcutcheon, according to their option,
the enfign oiNvua Scotia^ being argent a crofs of *SV. Andrew
azure, charged with an inefcutcheon of the royal arms of
Scotland^ fupported by the royal unicorn on the dexter, and
by a favage on the finifter, and for the creft a branch of laurel,
and a thiftle iffuing from two hands conjoined, the one armed,

the other naked, with this motto, Munit hcec^ et altera vincit

that the patents of their creation were ratified in parliament,
and — that in 1629 his majefty, by a letter direded to the
privy council of Scotland^ allowed his faid lieutenant and the
baronets, and their heirs male to wear the ribban, and bear
the arms with the motto already mentioned by Chamberlayne,

Notwithftanding the creation of thefe numerous baronets in
order to plant the colony propofed, to which ufe their aid was
appropriated, I cannot find that in confequence thereof any
thing was adually done for the fettlement of it, which was
indeed in a fliort time rendered impradlicable by the influence
which the French court gained over king Charles upon his
marriage, whereby he was prevailed on to give up the whole
country to France, Sir Lewis Kirk and John Kirk Efq. his
brother, in their petition to king Charles the Second and his

\m\ Prefent State of Great Bmaifi, Part ii. Book iii.

E 2 council,

27

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28 T^<^ Ancient Right of the English Nation

council, fct forth among other things that upon the marriage
I Acadie^ or Nova Scotia^ was by order of the king of England
returned into the poffeflion of the French. The date or other
particulars of this order I have not been able to difcover.
O^ilby^ who was cofmographer ta king Charles the Second,
has given us the principal parts of this petition, including this-
particular \ji\ ; and another part of this petition being pro-
duced by the EngliJJj commiflaries, faving fome little dif-
ference altogether immaterial, it agrees with the fame part as-
it ftands in Ogilby.

The laft mentioned part of the petition contains the fol-
lowing particular account of the fads next proper to be
ftated.

" Afterwards a war arifing between his majefly king,
''^Charles I. and Lewis XIII. anno 1627 and 1628, Sir
** David Kirk and his brethren and relations of Engla?id^
** did by virtue of his majeftys commi/Tion, fend to fea at
" their great charge, firft three, afterwards nine fhips, with
*' warlike preparations, for the recovering of the pofleflion of
" the faid lands, lying on either fide of the faid river oiCana-
"■ da, and to expel and ejedt all the French trading in thofe
" parts; wherein they had good fuccefs; and in the year
" 1627 did there feize upon about eighteen of the French
'^' fhips, wherein were found 135 pieces of ordnance rlefignect
*' for the relief of the Royal Port in Acadia, 2:^6. ^^uehec ia
Nova Francia, under the command of M. de Lockman [0],
and M. de la Tour, father of de la lour governor of the faid
Royal Port, whom, together with the faid fhips and guns,
** they brought inKo England,'^

" And in the year 1628 they pofTefled themfelves of the
" whole region of Canada or Nova Francia, fituate on the
** north fide of the river, together with the fort or caftle of

[«] America^ Bookii. Chap i. Sedt 5. copy produced by the commifTaries, is
\o\ The French commander here named Rochmand in Ogilby, and in
named Lockman^ according 10 the Charlevoix.

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other
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ig this
ig pro-
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J 8, Sir
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fea at
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Tion of
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and in

/^ /^^ A M E R I C A N F I S H E R Y, &c. 2^

** §uebecy Sir Levoh Kirk being then conftituted governor of
** the place, the French being then either expelled or con-
" veyed into England^ and the arms of the king of England
*' being publicly there ereded and every where placed : and
** before the year 1628 it was brought to pafs by the faid Sir
" William Alexander (aflifted by both the advice and charge
" of the faid Kirk) that in the parts oi Acadia or Ncyva
" Scotia^ on the fouth fide of the river Canada^ the whole,
** with the forts thereon built-, being by him fubdued, prefently
" came under the power of the king of E?igland^ that region
" on the fouth fide falling into the pofTeflion of the Hiid Sir
'* William Alexander^ and that on the north fide into the pof-
" fefllonofthe Kirks {^pY

In the year 1630 Sir William Alexander^ in confideration^ a. d. 1630.
of the great expences of Claude de la 'Tour and his fon Charles^
and their fer vices in promoting fettlements, conveyed by deed
to them and their heirs for ever all his right in Nova Scotia^
excepting Port Royal^ to be held under the crown of Scot-
land\(f\.

By the treaty made at St, Germain en Lay on the 29*^ of a.d. 1632.
March^ 1632, between the kings Lewis XIII. and Charles I.
for the reft itu tion o^ New France^ Acadia and Ca?iadaj on the
part of his majefty of Great Britain his ambaffador prom i fed
to reftore to his moft Chrijlian majefty all the places pofllfTcd
in New France, Acadia and Canada by the fubjects of Great
Britain'^ in purfuance whereof the whole was reftored*

The grievous efFeds of this reftitution that have been felt
from generation to generation need not be fet forth, and the
injurious nature of this treaty with refpedl to the public, as well
as to the perfons who had recovered thefe countries out of the
hands of the Fre?jchy will in part appear from the authentic
declaration of kino; Charles himfelf, contained in his letters
patent iflued under the great feal of the kingdom of Englamly
on the ii^*" day oi May 1633, wherein it is thus recited and a.d. 1633:

[/>] Memorials of the Englijh commiffaries &c. p. ^6^. \_q] Id. p. 41, 42.

declared 0.

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^o 5^6 Ancient Right of the English Nation

declared. " Whereas all and (ingular the regions, countries,
** dominions, territories, continents, idands, coafts and places
** adjoining upon the gulph and river, called or known by the
name of Canada^ and all and fingular ports, havens, rivers,
gulphs, creeks, iflands and places in the parts of America to
the faid gulph and river of Canada adjoyning, were firft
difcovered in the reigns of king Henry the Seventh and
queen Elizabeth our noble predeceflbrs, and by commiffion
** and command from them. And whereas by the humble
" petition of our wel beloved fubjedls and fervants Sir William
** Alexander knight, George Kirk efquire, gentleman of our
** robes, David Kirk efquire, one of our penfioners, Lewis
** Kirk^ Thomas Kirky John Kirk and James Kirk gentlemen ,
** and William Barkley^ Jofma Gallard and Charles Atty of
" London merchants, unto us exhibited, we have been inform-
" ed that fome of them in the late wars between us and our
*' good brother the French king fet to fea fundry fhips in
** warlike manner, wherewith they did furprize the French^
** and with the hazard of their lives and fortunes did take the
faid country of Canada to our ufe, and to the honor of our
kingdom ; and in the year following we did grant a com-
miffion unto them, authorizing and commanding them to
take the fort of ^lueheque^ and utterly from thence to expel
the French^ which accordingly was performed by them, to
the very great charge of them, the taking and keeping
whereof fince that time hath coft them and their partners
the fum of ^{x.y thoufand pounds at the leaft, to the great
weakening and impairing of their eftates, which they are
" no ways able to recover, in regard we have lately fignified
** our royal pleafure to them, commanding them to reftore
*• the faid fort of ^^tebeque to our faid brother the French
" king, without any fatisfadion to them for their aforefaid
** great difburfments, which was accordingly performed by
•* them ; and that in confideration of the great benefit which
** hereafter may redound to us, and unto this realm in general,

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/<, /^^ A M E R I C A N F I S H E R Y, &c.

in that the faid country yields the feveral commodities of
beaver (kins, elk fkins, and fundry other furrs, as alfo all
materials for fhipping, as mafts, pitch, tar, deals, hemp,
and other commodities beneficial to this kingdom ; as alfo
that it may hereafter greatly ferve to the furthering of our
fubjeds in the fifhing trade, and vending divers manu-
factures made within this our kingdom of Efjglatjci^ to the
great increafe of our cuftoms, and employments of our fub-
jeds at home, and of mariners and much fhipping abroad ;
and that we were pleafed to promife to grant unto them
our letters patents for the fole trading in thofe parts of
Canada^ with certain privileges for the better regulating of
the faid trade, and to enable them for further difcoveries
thereupon to be made. And they have humbly befought
us to grantunto them our letters patents for the fole trade in
the gulph and river o^Canada^ and parts thereunto adjacent^
from the latitude of forty four degrees of northern latitude
towards the fouth, to the latitude of fifty four degrees to
the northward, for one and thirty years, and to plant and
fortify in fuch place and places as they fhall find fit for the
ftrengthtning and maintaining of the faid trade, with fuch
privileges, immunities and hberties as we have been gract-
oufly pleafed to grant to other our fubjeds in the like kind,
which petition we referred to the confideration of the lords
and others of our privy council, they for their better infor-
mation referred the fame to our attorney general, who made
certificate to their lordfhips that if that might ftand with
the treaties between us and foreign princes he did not know
any impediment but that we might grant liberty to fome,
and inhibit others to trade there, as is done in Guinea y
Benny, RuJJla^ &c. whereupon their lordfhips prayed Sir
^ohn Coke knight, one of our principal fecretaries of fl:ate,
to perufe the lafl treaty between us and our good brother
the French king, who certified he found nothing defired by
the petitioners contrary to the treaties with our allies,

** Know

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73^^ Ancient Right of the English Nation
Know ye that we minding the accompliflriment of our pro-
mife, and as well in recompence of their faid charge and
labour, as for encouragement of others that (hall undertake
the Hke enterprizes, and for our own honour, and the good
of this our realm, we have refumed and taken into our
own adual poiTeflion and royal hand and protection the
trade after fpecified within the gulph and river called Ca-
nada^ and in all the territories, continents, iflands, gulphs,
rivers, coafts, and places adjoining to the faid gulph and
river, within the faid four and forty and four and fifty de-
grees adjoining upon the faid gulph and river. And of our
efpecial c:ire, certain knowledge and mere motion have
granted and demifed, and by thefe 'jrefents for us, our heirs
an 1 fucceflbrs do grant and demife unto the faid Sir William
AlexarAer^ George Kirky David Ri?k, Lewis Kirky 'Thomas
Kirky John Kirk^ yatnes Kirk^ William Barkley^ Jojhua
Gallardy and Charles Atty^ their executors, adminiftrators
and afligns, the fole trade in all and fingular regions, coun-
tries, dominions, territories, continents, coafts, rivers, gulphs
and places adjoining to any part of the faid gulph and
and lying and being within the limits and bounds

river.

hereafter mentioned, that is to fay, beginumg irom the
northerly latitude of fifty four degrees, extending from
thence to the forty four degrees of foutherly latitude bv all
the length of the faid gulph and river, with all the iflands
neer adjoining to that coaft, and comprehended within
the degrees aforefaid, and the fole trade and traffique
from thence, and in thofe places for beaverfkins, beaver-
wool, furrs and fkins of wild beafts, and for all fuch com-
modities as are ufually carried from hence into the faid
gulp or river, or coafts adjoining, to be exchanged, mer-
chandized or bartered, fo as no other of the fubjeds of us,
our heirs or fucceflbrs, for merchandizing buying or ex-
changing of Leaver fl^ins, beaver-wools, furrs and (kins of
wild beafts, fliall haunt or frequent any of thofe places.

" To

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//5^ A M E R I C A N FISHERY, &c.

ir pro-

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*' To have and to hold the faid fole trade unto the faid Sir
" U^illiam Alexander^ George Kirky David Kirk, Levns Kirhy
« thomas Kirk^ John Kirk, James Ki^k^ William Barkley^
" Jofiua Gallard and Charles Atty^ their executors, ad mini-
" ftrators and afTigns, from the date of thefe prefents for and
" during the term, and unto the full end and term of thirty
*' and one years from thence next enfuing, and fully to be
** compleate and ended."

The proceedings fubfequent to thefe letters patent will ap-
pear from the following part of the aforefaid petition, to wit,

** By virtue of which commiiTion Sir Lewis Kirk and his
" brother John Kirky and his aflbciates, in the month ot
'■^ February next following fet foith a Taip called the Merry
** Fortune^ laden with goods of a confiderable value, configned
to thofe parts, where during her trading there, without any
juft offence given, and in time of peace, (he wa tiy the
French forceably feized on, and carried into France^ and her
lading, as if Qie had been lawful prize, confifcated ; where-
" upon the Kirks iiiffered lofs to the value of twelve thou-
** fand pounds. And although the lord Scudamore^ ambafla-
" dor in France^ by the king of Englands fpecial command,
" and the faid John Kirk being there in perfon, by the kings
** command, did often earneftly urge that the moneys due to
" the faid Kirks \r\ and the faid (hip, v/ith her lading, might
** be reftored, which for no other caufe had been feized upon
** and fold, but only for that by the kings commiflion fhewas
** found trading at Canada; yet he could obtain nothing, but
** after fome years fruitlefs endeavours returned into Engla?id
** without accompli (hing his deQres."

Having concluded this Ilrange fcene, and fhewn how the
Englijh loft, the Scotch fome time held, and the French finally

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[r] This relates to the charges of both which by the 4^'' and 5^'' articles

carrying home the Englijh fubjeds up- were to be paid by the French^ and

on delivering up the countries accord- which amounted to 5000/. (lerling, as

ing to the treaty, and to the value of is fet forth in another part of the faid

their merchandize remaining unfold \ petition.

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Temp. Crom.

The Ancient Right of the English Nation

got firm hold of the weftern part of Baccalaos^ it is next to be
ohferved that their influence over king Charles did not reft
here, but was extended to other parts of it. Biftiop Burnet [j]
fays " The Englijh have always pretended that the firft dif-
" covery oV Newfoundland being made in Hejjry the Sevenths
" time the right to' it was in the crown of England, The
" French had leave given them in king Charles the Firfts time
" to fiOi there, paying tribute as an acknow' dgment of that
" licence. It is true," he adds, *' they carried this much
*' further during the civil wars, and this grew to a much
" greater height in the reign of king Charles the Second.'*
And in the Britifi Merchant^ fir ft publifhed in the year
1 7 13, a work compofed by Henry Martin efquire, Sir Charles
Coohe^ Sir 'Theodore jfanffen^ James Milner efquire, Mr.
Nathanael Torriano^ Mr. yofiua Gee, Mr. Ch/ 'H'.. ' -^ Haynes^
Mr. David Martin, and feveral other very aoie and worthy
merchants, Charles late earl oi Halifax being the fupport and
fpirit of it, it is faid, " The world is well amended with the
" French fince the time that they paid a tribute for the liberty
*' of curing and drying fifti at Newfoundland, which was
*' g -anted to them by king Charles I, in the 10^ year of his
*' reign [/]." And a little after it is faid, *' They [the
" French^ firft obtained leave to fifti upon paying a dut^^ of
'* 5 'j-jer cent, afterwards they got that acknowledgment re-
" linquiftied \u\,

SECT. V.

vi

\ %\

4:)"

A. D, 1654. TTN the year 1654 Oliver Cromwell^ with proper forces, took
Jl^ Acadia from the French,

A. D, 1655. In the year 1655 a treaty of peace between England dnd.
France was made at Wefmiftfter, by the 25^*^ article '/hereof
the conteft refpedling Acadia was agreed to be rc/v^i red to

[i] Hifl:. of his own Time, vol. ii. [/] Vol. ii. p. 253.
p. 619. [«] Ibid. p. 254.

commiflioners

"P-

took

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/(? /^^ A M E R I C A N F I S H E R Y, &c. 35

commiflioners to be appointed within three months, in con-
fequence whereof nothing effedual being done the country
continued in the hands of the Englf/b. The Frend ambaf-
fador often urged reftitution; but Cromwell^ moved by the
confideration of the ancient right of the £;/^/^,' which was
the caufe of his taking it, refolutely kept poffeflion of it.

S E C T. VL Temp.Car.II.

&jac. II.

IN the year 1667 a treaty of peace being concluded at Breda, a. d. 1667.
between the kings Lewis XIV and Charles If, by the 10^'*
article tlie king of Great Britain agreed to reftore Acadia to
the French king ; and difputes afterwards arifing relative to its
extent Weftward, it was agreed and determined by king
Charles that the fame extended to the river Pentagoet or
Ponobfcot, and all the country extending thence eaftward to
the gulph of Canada, and lying between the river Canada on
the North, and the Atlantic ocean on the South, containing
all the lands granted to Sir William Alexander^ together with
the lands lying between the rivers St, Croix and Po7iobfcot,
was in the year 1670 delivered up to the French king ac-
cordingly.

In this kings reign the French began theii encroachments
at Placentia in Newfoundland, of which Charlevoix [xyl gives
this account, " Before the year 1660 the court of Frafice in-
" termeddled itfelf little with that ifland, it left «-he matter
** almoft wholly to private perfcns, who fitted out at their
** own expence to fend fifhers thither. At length that fame
<* year the fieur Gorgot obtained of the kin^r the grant of
*' Placentia harbour, with a commifTion of governor. He
*' found great oppofition at taking pofleflion, and it is very
*' likely he was obliged at the firft to defift from his right of
** conceflion, and that he held the title of governor but a
*' fhort time; for fome years after the fieur De la Poype

\w\ Hijl. de la Nouv. France^ torn. i. p. 423.

F 2 *' having

•111

36 The Ancient Right of the English NATiONi

" having been fent to Placentia with a commiflion from' court
" to take pofleflion in the kings name of the fort and habi-
" tation, and to refidt there in quality of governor, it was
" remarked in his inftrudions, That his majefty had been ex-
** cited to aflure himfelf of that place, and to fettle a colony
** there, to maintain his fubjedls in pofleflion where they had
*' been a long time, to carry on there yearly a confiderable
" fiOicry of dry fifli, and through fear of being prevented
** by the KngUJhr Although the rights of his crown,
and the welfare of his kingdom, called upon king Charles
cfFeduolly to repel this encroachment we are not to won-
at his fufferii, '»•, confidering his fervile attachment to
France* Bidiop irnet \x\ fays. " His contributing fb
" much to the railing the greatnefs of France^ chiefly at
'* fea, was fuch an error, that it could not flow from want
'* of thought, or of true fenfe. Rouvigny told me he
" deflred that all the methods the French took in the increafe
*' and condud: of their naval force might be fent him. And,
" lie faid, he feemed to fludy them with concern and zeal.
" He fhewed what errors they committed, and how they
*' ought to be correded, as if he had been a viceroy to France^
" rather than a king that ought to have watched over and
*' prevented the progrefs they made, as the greatefl: of all the
" mifchiefs that could happen to him, or to his people."

It is obfervable that about the time when Lewis XIV en-
croached thus on Newfoundland he formed the defign of
making himfelf powerful at fea, of which a French author
^i\'^s this account. " His majefl:y, whofe arms were dreaded
" on land, had conceived the defign of making them refpeded
" upon the fea, and of availing himfelf of the happy fitua-
" tion of the havens of his kingdom; an advantage too long
" negleded by the kings his predecefibrs. He had no fooner
" charged M. Colbert to work on this grand project, than
" that minifter exerted his utmofl: vigilance and fkill to per-

[x] Hift. of his own Time, vol, i. p. 614.

"fed

2f^ //^^ A M E R I C A N F I S H E R Y, &c. 37

" fed it forthwith. A great number of fhips and gaHIes
" were built in a {hort time. The arfenals built at Merfail-
*• les^ Touloriy Breft and Rochefort were fupplied with every
" thing neceflary for the arming and fitting out feveral fleets.
" A mulcitude of marine officers, pilots and failors appeared
" formed almoft at once for the moft difficult undertakings.
" In fhort all the refources of this new eftablifliment were
** conduced with fuch prudence and fpirit, that it ftruck the
" moft experienced nations in navigation with equal furprize
'* and jealoufy." And the authors of the Britijh Merchant y
fpeaking of the Newfoundland fiffiery \j\ obferve that tha
French " from their firft attempts to make themfelves cou:-
f fiderable at fea have had it perpetually in view."

The French king having thus gained Acadia by ceffion^
and encroached on Newfoundland^ afterwards made a new
encroachment on the coaft of the continent, by extending tha
limits of the former to the ifland St. George^ at tlie mouth of
the river St, George^ that is, about 30 miles to the weft ward
of Ponobfcot river, of which encroachment, with his proceed-
ings in maintenance of it, we have the following authentic
proof, contained in a memorial prefented by his ambafllidor to
king 'James II, January 16*^ 1685. " The coaft of Acadie^ a. d. 1685^
** which extends itfelf from the ifland Percee [z] to thf.t of
** St, George^ was poflTefl^ed by the French till the year 1654,
<* when the Engli/h invaded it during the war, and it was
reftored to his majefty in 1667, by the treaty of Breda-,
thus his majefty has for tide of his fovereignty and feigniory
** of the faid coaft, the firft occupation of his fubjeds, a long
•* poflieffion, and a treaty of peace; however not finding in
** New England the fame advantages which they found in
" Acadie they have continued to fifli in the havens belonging
" to his majefty, fometimes by virtue of permiffions given

[jy] Vol. ii. p. 256. at the entrance of the river Canada or

\z\ Which lies near cape Roziersj St. Laurence.

" thern;

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38 'the Ancifnt Right of the English Natiom

" them by the governor, and very often without permiflion ;
** fo that the trade of the French is thereby interrupted. In
" the month of December 1683 his majefty granted permifTion
by letters patent to the lieur Bergier^ and his company, to
eftabli(h a permanent fifhery [une peche fedentaire\ all along
" the coaft, and the river of St, John^ and in the month of
" March 1684 publifhed an edidl, by which his majefty de-
" clared that foreign veflels which (hould be found trading for
*' fkins, or fifhing within the extent of the grant which he
** had made along the faid coaft to the faid company fhould
" be taken and arrefted, and brought into the havens of his
** kingdom, to be there confifcated."

'* This edi(ft was publifhed and made known to the Eng-

^^ lijh o{ Ne^jo England^ who forbore not to come and fifh

'* within the extent of the faid grant, ' '' which the faid

" Bergkry who was then there with the fhip ^t. Lewisy having

" advice, ftopt in the month of Jufy and Auguji 1684 eight

** Englijh barks, named the Mary^ the Adventure^ the Swal-

** lowy the Rofey the Indujlryy the Lark^ the Friendjhipy and

the Indujlryy out of which he took only the fifh and the

fkins, and brought into Frame the matters of the faid barks,

who were interrogated before the officers of the admiralty

" of Rocheller

" By the examination which his majefty made of the pro-
*' cedure of the faid officers he found that two mafters had
" obtained permiffion of the fteur de la Valiere to fifti along
" the coaft, whereupon his majefty ordered that they fhould
" be carried back to Acadie at the ex pence of the faid Ber-
" giery and of his company, and that their barks and mer-
** chandize, or the value thereof, fliould be reftored without
" any damages, and interefts.'*

*' With refped to the other fix his majefty ordered confif-
** cation of them, they having had no permiffion; it being
" moreover agreed that they had knowledge of the exprefs

" prohibitions

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39

/(? //&^ A M E R I C A N F I S H E R Y, &c.

" prohibitions which his majefty had made of trading and
" fifhing on the faid coaft of Acadie [^]."

And thus the French king having without any colour of
right or juftice encroached on thefe thirty miles of the Englifh
coaft, by the ceflion of Acadia^ with this encroachment, and
the acquiefcence of king yamesy it is manifeft the fiihing
colonies of New England^ which were the chief ftrength of
the Englijh in thofe parts, and all the other Englifi fubje6ls,
were wholly deprived of the right and benefit of fidiing and
trading on any part of the coaft lying to the eaftward of St,
Georges ifland ; and from the memorial of the French ambaf-
fador it is evident his mafter maintained the moft notorious
ufurpation, together with his right obtained by ceH^on, by
feizure and confifcation of the veftels oi Englijb fubjcds, the
condudt of whofe princes in fubmitting to thefe intrufions was
apparently incompatible with the facred truft repofed in
them, of preferving their dominions, and proteding their
people.

" M. de MeuleSy intendant o^ New France^ having in the lat- a. d 1685
" ter part of the year 1685 viftted Acadie^ in that year, or
" the beginning of the next, informed the French miniftry
" that the moft ufeful fettlement his majefty could make in
** Ajnerka was that of Acadie^ He wrote at the fame time
to the king with refpedt to Acadie^ " that nothing hind red
** fettling fiftieries there; but that to do it fecurely it was
** neceftiary to people and fortify Port Royal^ and to build a
" good fort at Pentagoet, to ferve as a barrier oi Acadie againft
** the Englijh'y that if moreover fome expence were beftowed
" upon port de la Heve^ in the ifland of cape Breton^ in the
" ifland Percee^ and Placentia in Newfoundland fortified,
** where the fieur Paraty who commanded there, was too
** weak to defend himfelf, if attacked, France would be fole
" miftrefs of the cod [^]."

[«] Memorials of the £«^/^ Com- \b'\ Hift. de la Nouv. Frame par
miflaries, &c. p. 614. Charlevoix^ torn. i. p. 520, 521.

" In

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,40 7%e Ancient Right of the English Nation

^'av' 6N% ^" ^^^ y^^^ 1686 a treaty of peace, good correfpondence
and neutrality in y^merica, was concluded at Whitehall, be-
twern the kings yamesll and Lewis XIV, by the 4'*^ and 5*^
ar. ^ic ' \. hereof it was agreed, " That both kings fliould have
lid 'tain to themfelves all the dominions rights and pre-
eminences in the American feas, roads and other waters
whatfoever, in as full and ample manner as of right belong-
ed to them, and in fuch manner as they then poflefled the
fame. And therefore the fubjedls, inhabitants, merchants,
commanders of fhips, mafters and mariners of the kingdoms,
provinces and dominions of each king refpedively (hould
abftain and forbear to trade and fiOi in all the places pof-
feflcd, or which fhould be pofTefled, by one or the other
** party in America [c]."

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[c] Having feen in the Daily Jdver-
tifer of the 3"* of February laft the fol-
lowing paragraph, to wit, ** Plymouth^
*' January 30'" came in the 5/. Jofepby
*' a large French fifhing-boat from
*' DieppBy with turbots, which they
" have caught on the Englijh coaft.
*' They were forced in here by contrary
*' winds and bad weather. If thefe
*' boats are permitted to come in fleets
" of twenty or thirty fail to fi(h as
*' they did in the laft peace fo near our
*' coaft, the focietys machines will foon
" return from Devonjhire without filh,
*' and Paris will be abundantly fup-
*' plied from Dieppe." — In order to
(hew the conduft of the kings Charles
I. and II. and of James II. when lord
high admiral, with refpedt to the chan-
nel fifhery, it may not be amifs here to
infert, from a colledion publifhed in
the year 1729, under this title, " Me-
*^ moirs of the Englijh affairs, chiefly
" naval, from the year 1660, to 1673.
*' Written by his Royal Highnefs Jaw^j
" duke of Tork, under his adminiftra-
*"• tjon of Lord High Admiral, &c.
'" Publifhed from his Original Letters^

*' and other Royal Authorities" the
copy of a letter, dated July 1 1661,
written upon this fubjedt by the fecre-
tary of his royal highnefs, to the right
honourable the earl of St. Albans.^ his
majeftys ambaffador extraordinary at
PariSy to wit,
" My Lord,

** His royal highnefs having fliewed
** me a letter of your lordfliips, con-
" cerning the complaint of the French
*• fifliermen, I hold it my duty to give
*' your lordfliip this account of it, un-
*' til a more perfedt can be fent to
" your lordlhip; for the doing whereof
*' 1 fent immediately to the mayors of
*' Rye and Hajlings^ to fend his royal
*' highnffs an account (under their
*' town feals) of the grounds on v^hich
** they pretend the French ought not to
*' filh on our coaft."

*' I have in my hands an order of
** council of the J 3^'' of Auguft 1 660,
*' whereby it is ordered that his royal
*' highnefs take care that the peti-
** tioners juft complaints and grie-
** vances, contained in the annexed
" fchedule, be by all due means re-

SECT.

/^ //5^ A M E R I C A N F I 8 PI K R Y, &c.

4^

SECT. VII.

Tcmr-wm.

THE colony of Maffachufets Bay coafidering the great a.d. \b<)o.
advantages that would redound to the Englijh nation
in general, and to themfelves in particular from the reduction
of Acadia^ raifed and prepared for this purpofe about feven
hundred men, with a proper naval force, with which Sir

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drefled. In the fcheJule figned by
the clerk of the council (which is a
reprerentation of the grievances pre-
fented from the cinque ports) the
firft art' ' , is, that by the ancient
ufage and cuftom within the cinque
ports and their members, no French-
men or foreigners whatfoever have
been permitted to fifh on thofe coafts
(accounting at leaft half feas over
every where to the Englijh nation)
except only, fince the alliance be-
twixt England and France^ about four
or fix boats in one year, which had
firft obtained fpecial licence and al-
lowance thereto from the lord war-
den of the cinque ports, granted in
favour of the French court, and for
the kings own ufe. Upon this there
was about fourteen [years] after a
fhip fent from the Downs on purpofe
to give notice to the French filher-
men, that they were to forbear filh-
ing any more upon that coaft ; and
that if they did not their nets fhould
be taken from them j but for that
time no violence was offered to
them. Since that the governor of
Dieppe fent to defire licences, and ob-
tained nine. Some time lince, the
complaint being renewed of the fifli-
ing of the French^ his royal highnefs
ordered a Ihip to that coaft to take
their nets, which was accordingly
performed, but reftored again, the
French fatisfying the loffes of an
Englijhman, from whom the French

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were infolent enough to take nets
on our own coaft, to which the per-
fons whofe nets were feized, were fo
far privy, that when they perceived
their nets would not be reftored
without the condition of repairing the
Engli/hman^ they found means to re-
ftore the greateft part of his very
nets. That prize being fo reftored,
another was taken, which was by his
royal highnefs likewife ordered to be
reftored, without any other penalty
than paying to the captain which
took them 15 /. by way of reward
for his fervice, and the coft of drying
their nets. The value of them, I
conceive, may have been about 500/.
The proceeding, I fuppofe, cannot
but appear both gentle and flow
enough, efpecially fince the com-
plaint of the French is fo great, that
the officers of the kings houfhold
have it as a reafon why the kings
houfe is dearly and ill ferved. His
royal highnefs hath, within thefe two
days, refolved to reftore n third
parcel of nets, which is all wh.ch re-
mains feized j and it will be executed
as foon as his royal highnefs returns
from Cambridge^ whither he is this
day gone. Lam
My lord

Tour lordjhips
mojl humble and
obedient fervant
Will. Coventry.

Willia. 1

(?'■'.'

42 7*1^6 Ancient Right of the English Nation •

William Phips compelled the French to furrender Port Royal
and the whole country to the obedience of the crown of Eng~
land, whereupon he fent away the French garrifon, took an
oath of allegiance from the French planters to their majefties
king TFilliam and queen Mary^ and made proper provificn
for their prefent government.
A. D. 1697. In the year 1697 a treaty of peace being concluded at
Sept. 10 . . ^^^,:^^ between the kings JVilliam III and Lewis XIV, by
the y^** article it was agreed that mutual reftitution (hould be
made of all the countries, forts and colonies taken by each
party during the war; and by the 8* article it was agreed
that commiflioners ftiould be appointed on both fides, who •
immediately after the ratification of the treaty fhould be in-
verted with fuflicient authority for fettling the limits and con-
fines of the lands to be reftored on either fide by virtue of the
aforementioned article. ' ' • ■ "''• "

A. D. 169S. In the year 1698 the French attempted to make a new
encroachment, by extending Acadia to the river Kennebec^
lying about 35 miles to the weftward of St, Georges ifland^
of which attempt we have the following proof, contained in
a letter from M. de Villebon, goi'ernor of Acadia^ to M.
Stoughton, lieutenant governor of the Maffachufets Bay, where-
in he fays, *' I am informed that you have feveral fifliers on
" our coafts, and you moreover permit your people to trade
" in the French habitations ; you muft underftand, Sir, that
I fhall caufe all the E/igliJh who (hall be found fiOiing or
trading to be taken, and fo much the rather as you cannot
be ignorant that it is abfolutely forbidden by the treaty be-'
tween our crowns, which you yourfelf have fent to me, and
that M. de Bonaventure, commanding this year the kings
{h\p the Envious^ hath afcertained this to you, by fending
back to you upon his arriving on thefe coafts fome veflels
^fyour fifliers which he had'taken, by them informing you
by order of the king that upon returning again [jjue sil eit

revenoit

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•*' revemit encore] for fifliery or trade they fliould be good

43

«

prize.

** I have order from the king my mafter to conform myfclf

, ** to the treaty of neutrality concluded at London the 1 6''* of

•/* November 1686 with king jfames touching the ^met'icans.'"

;,, " I am alfo exprefsly charged by his majefty to maintain

** the bounds which are between New England and us, which

** are from the head of the river Kennebec to its mouth, leaving

** free its ftream to both nations ; fo I doubt not, Sir, but

** you will conform thereunto, and that you will ceafe to

** treat the favages fettled there as your fubjedls, to avoid all

** the fad confequences which may happen therefrom by their

** vicinity to you. Nothing remains for me but to alTure you

** that I fhall do all that fhall depend upon me for the exccu-

•* tion of the orders which I have received from his majefty.

** I am" &c.

- ■ ** Mouth oi St, Johns river, September 5''^ 1698 \_dy

And thus the moft flagrant ufurpation was to be made in
time of peace, and fupported by a favage war.

King William and his parliament concluding all foreignc .s a. d. 1699.
fifliing at Newfoundland to be mere intruders, by an ad pafled
in the 10''* and 11^'' years of his reign, excluded them from Cap. 25.
all trade and fifhing there, in the following words, " Whereas
" the trade of and fifliing at Newfoundland is a beneficial
" trade to this kingdom, not only in the employing great
" numbers of feamen and fliips, and exporting and confuming
" great quantities of provifions and manufactures of this
** realm, whereby many tradefmen and poor artificers are
** kept at work, but alfo in bringing into this nation by re-
*' turns of the effeds of the faid fifliery from other countries
** great quantities of wine, oil, plate, iron, wooll, and fundry
" otlier ufeful commodities, to the increafe of his majefty s

\c\ Memorials of the Englijh commiffaries, &c. p. 620.

G 2

<<

revenue,

44-

The Ancient Right of the English Nation

** revenue, and the encouragement of trade and navigation :
" Be it enaded by the kings moft excellent majefty, by and
*' with the advice and confcnt of the lords fpiritual and tcm-
<* poral, and commons, in this prefent parliament aflembled,
** and by the authority of the fame, That from henceforth it
** fhall and may be lawful for all his majefty s fubjeds reliding
** within this his realm of Englatid^ or the dominions there-
** unto belonging, trading or that (hall trade to Newfoundland^
'^ and the fcas, rivers, lakes, creeks, harbours in oraboutiV^o;-
" fotmdland^ or any of the iflands adjoining oradjacent thereunto,
'* to have, ufe, and enjoy the free trade and traffick, and art
** of merchandize and fifliery to and from Newfowidland^
" and peaceably t^^ have, ufe, and enjoy the freedom of
** taking bait and nfliing in any of the rivers, lakes, creeks,
'* harbours, or roads, in or about Newfoundland^ and the faid
'* feas, or any of the iflands adjacent thereunto, and liberty to
go on fhore on any part of Newfoundland^ or any of the
faid iflands, for the curing, falting, drying, and hufba Mng
of their fifti, and for making of oil, and to cut dowr od
and trees there for building and making or repairing of
*' ftages, fliip-rooms, trainfats, hurdles, fhips, boats, and other
*' neceflaries for themfelves and their fervants, feamen and
fifliermen, and all other things which may be ufeful or
advantageous to their fifhing trade, as fully and freely as at
any time heretofore hath been ufed or enjoyed there by any
'* of the fubjedts of his majefl:ys predeceflbrs, without any
** hindrance, interruption, denial or difturbance of or from
' * any perfon or perfons whatfoever ; and that no alien or
*^ Jlranger whatfoever (not refiding within the kingdom of
** England y dominion of WaleSy or town of Berwick upon
' * Tweed) fliali at any time hereafter take any bait, or ufe any
" fort of trade of fifliing whatfoever in Newfoundland^ or in
** any of the faid iflands or places abovementioned.

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/o //&^ A M E R I C A N F I S H E R Y ficc.

45

SECT. Vlir. Temp. An a^

Geo. I, I], Se
III.

IN tlie year 1710 general Nkholfon^ with forces fent from a. d. 1710.
England^ aflifted by a confiderable number of troops raifed
by the Majfachufets colony, reduced all Acadia or Ncwa
Scotia, to the obedience of the BritiJJj crown.

In the year 1713a treaty of peace was concluded at Utrecht a. d. 1713.
betwev-a their majefties Anne, queen of Great Britain, ando!^.* ^'*
Lewis XIV, the French king, by the 1 2*'' article whereof it
was thus agreed and provided, *' The moft Chriftian king
" fhall take care to have delivered to the queen of Great
** Britain, on the fame day that the ratifications of this treaty
** fhall be exchanged, folemn and authentic letters, or inftru-
** ments, by virtue whereof it (hall appear that theifland of
*' Sa'nt Chrijiophers is to be poflefled alone hereafter by Britifi'
" fubjeds; likewife all Nova Scotia or Acadia, with its an-
** cient boundaries; as aifo the city of Port Royal, now called
*• Annapolis Royal, and all other things in thofe parts, which
** depend on the faid lands and iflands; together with the
** dominion, propriety and pofleflion of the (aid iflands, lands
** and places: and all right whatfoever, by treaties, or by any
<* other way obtained, which the moft Chriftian king, the
** crown of France, or any the fubjedts thereof have hitherto
*' had to the faid iflands, lands and places, and the inhabitants
** of the fame, are yielded and made over to the queen of
*' Great Britain, and to her crown for ever, as the moft
" Chriftian king doth at prefent yield and make over all the
** particulars abovefaid ; and that in fuch ample manner and
" form that the fubjeds of the moft Chriftian king fliall
" hereafter be excluded from all kind of fifliing in the faid
** feas, bays and other places, on the coafts of Nova Scotia ;
" that is to fay, on thofe which lie towards the eaft within
" thirty leagues, beginning from the ifland commonly called

" Sable:

\I^

46

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Hlg Ancieist KiQHT cf't^ E*g!jsh Nation-

" SaMe inclufively, and thence ftretching along towards the
South Weft." —

And by the 1 3*'' article it was agreed as follows, " The
ifland called Newfoundland^ with the adjacent iflands, {hall
" from this time forv/ard belong of right wholly to Britain ;
" and to that end the fortcei^ oiPlacentiay and whatever other
** places in the lijid ifland are in poffeffion' of the J'/'^wc/^,
'* fliall be yielded and given up, within feven months ,from
" the exchange of the ratifications of this treaty, or fooner if
** pofUble, by the moft Chriflian king, to thofe who have a
** commiflion from the queen oi Great' Britain for that pur-
** pofe. Nor fhall the mtft Chriftian icing, his heirs and
*' fucceflbrs, or any of their {ubje(3:s, at any time hereafter,
*' lay claim to any right to the faid ifland and iflands, or to
** any part of it or them. Moreover, it fliall not be lawful
" for the fubjeds of France to fortify any place in the faid
" ifland of Newfoundland^ or to ered: any buildings there,
" befides fl:ages made of boards, and huts necelTary and ufual
** for drying of ^^ ; or to refort to the faid ifland beyond the
" time neceflary for fifliingand drying of ^{^. But it fliall be
" allowf^d to the {xjkiyidi^oi FranceX.0 catch fifli, and to dry theni
*' on land, in that part only, and in no other befides that;^ of
the faid ifland of Newfoundland^ which ftretches. from the
place called cape Bonavifta to the northern point ^f the faid
ifland; and from thence running down by the weftern
fide, reaches as far as the niace called Point Riche. But
the ifland called Cape Breton^ as alfo all others, both in the
mouth of the river of aS*/. Laurence^ and in the gulph of the
fame name, fliall hereafter belong of right to the Frmch :
and the moft Chriflian king fhall have all manner of liberty
to fortify any place or places there."
In conformity to this treaty the French king, by his letters
and authentic ads, figned at Marli, dated in the month of
May in the year 171 3, ** did yield up for ever to the faid
*' late queen of Great Britain the faid country of Nova Scotia

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*^ or Acadia^ in its entire, conformable to its ancient limits,
as alfo the city oi Pert Royal, now called Annapolis Royal,
and generally all that depends on the faid lands and iflands
of the faid country, to be poflefled for the future, in full
** fovereignty and propriety, with all the rights acquired by
" him the faid king, and his fubjeAs, by treaty, or otherwife,
** by the faid queen, and the crown of Great Britain, making
*' over to her to this -effed full and entire pofTeflion for ever ;
" without permitting \_fans quilfoit permis] the fubjeds of
** the faid king to fiQi in the feas, bays, or other places within
** thirty leagues near the coafts of the faid Nova Scotia to the
** fouth-eaft, beginning at the ifland of Sable inclufively, and
** from thence drawing to the fouth-weft [e].

It is well known that the principal caufe of the war con-
cluded by ihis treaty was the dangerous ftate into which
Europe was brought by placing one of the fons of France on
the throne of Spain, the confequent great and immediate in-
fluence of the former over the councils of the latter, and the
poflible future union of both crowns in one perfon, and his
defcendants. The general fenfe of the dangers attending this
union is fully exprefled in the 6* article of the treaty, and ir
particular by the French king in his letters patent, which are
made part of it, wherein he declares that the queen of Great
Britain caufed it to be reprefented to him, that " all the
*' powers of Europe were equally perfuaded that it was for
" their general intereft, and for their common fecurity, to
" continue a war whereof no one could forefee the end, rather
•* than CO be expofed to behold the fame prince become one
" day matter of two rnon .irchies fo powerful as thofe of France
** and Spain] — that the chief objedt of the war therefore was
the effedual and perpetual feparation of thefe two kingdoms —
that the plan of this war, with the alliance proper for the
fupport of it, was formed by the great king tVilliam, whofe
fludy and delight was the prefervation of the liberties oi Europe^
[(?] Memorials of the £«^/j^ Commiflarics, p. 5.

4 and

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It ^■: ■;.

mu

P m

48 7%e Ancient Right of the English Nation '

and whofe vigilance, councils, and adbions were confequently
employed to defeat the dangerous defigns flowing from the
boundlefs ambition of France^ grown formidable by land and
fea before getting this hold ofi. Spain^ and who was not only
capable of forefeeing, but alfo of concerting and purfuing the
beft mep.fures for preventing future mifchiefs that the nature
of human affairs, and the ftate of the times would permit — that
heaven favouring their caufe blefled the arms of the con-
federates with vidories numerous and glorious. — that upon
thefe defeats France having recourfe to negotiation, which has
fo often proved ferviceable to her, and fatal to others, all her
artful devices were fruftrated by the counfels of the confede-
rates, the wiles of the ferpent being unequal to the wifdom of
thofe who conduced the affairs of this kingdom, until, the
queen forgetting the ancient proverb, which fays there is no
remedy for the bite of the fycophant, a minifterial revolution
took place, in confequence of a pique to an old favorite, and the
adoption of a new one more folicitous to pleafe, whereby the
moft illuftrious and accompliflied civil and military heroes
were unhappily laid aiide before they had compleated their
work, and the nation had received the proper fruit of their
counfels, and of that fuccefs which had coft fo much blood
and treafure, and others of a different charad:er became their
fucceflbrs, over whom France gaining the afcendance flie ob-
tained a peace prejudicial to the faith and honour of this
kingdom, detrimental to its commerce, and dangerous to the
general fafety oi Europe \ for inftead of an effectual feparation
of the two monarchies, by putting Spain and the Indies into
the hands of others, which the common fafety required, the
fon of France was allowed to keep them, and the feparation
of the monarchies fo long and fo glorioufly contended for, by
the "'^nduA of thefe minifl:ers, was made to depend upon mere
pap ,. provifions, the inflruments of convenience to France^
and of delufion to others, it being apparent that when her
afpiring views are accompanied with power fhe can, for the

fake

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/tf /;5^ A M E R I C A N F I S H E R Y, &c. .

<fake of dominion, refcind all contra6ls, and openly proceed in
•diredt repugnance to the principles of faith and juftice, the
chief ornaments bleflings and bonds of fociety,. without which
•force would be ever moving in all directions, and the world
become a chaos of iniquity and violence.

And with refped to the fifliery — The great Elizabeth hav-
ing left the fevereignty over all the country of Baccalaos to
defcend to king JameSy and the fame having been diminiflied
through the weaknefs or worfe qualities of thofe who ought
to have preferved it, together with the arts of France^ and flie
being now reduced to fo low an ebb of power, the ancient
right, honour, intereft, and fafety of their country called upon
thefe minifters to take the utmoft care to reunite the whole,
in order to its perpetual future conlervation : but influenced
lefs by thefe noble motives than by perfonal regards, and un-
equal to their places, into which they were introduced by
means defpicable in themfelves, though too often fatal in their
efFe<Sis, and unable to profecute the great defigns of their
predecefTors, they concluded a peace, whereby they ceded
and granted to France thofe large portions of this ineftima-
ble fifhery which are contained in the 13*^ article afore-
mentioned.

This treaty being ncluded France proceeded to fecure
and improve thofe parts of the iifhery whicli were yielded to
her, fparing therein no counlcl roft or piins ; for the fecurity
whereof at land flic ftrongly fortified cape Breton^ having in
the courfe of the negotiation obtained the dcfired exclufive
pofleflion of it, planting at the fame time a colony of fiflier-
men there, and for proteftion of the veflels fifliing on the
banks flie enrtployed fliips of war, putt' .g the whole under
the beft regulations for the encreafe . her commerce and
naval power ; and not content with what flie had obtained by
treaty flie had recourfe to her former pra6tice of encroach-
n?ent, and thereupon gave orders to the commanders of her
fliips of war not only to protect thofe parts of the fifliery

H which

49

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I i ;.

,50 The Ancient Right of tBe English Nation ,

which were afligned to her, but to dired the fifliermen to
proceed and fifh upon banks left to the Englijh^ in order to
fupport her pretenlions, and make to themfelves a privilege
of fifhing where they pleafed by force of cuftom ; and thefe
encroachments were in a fhort time fo enlarged that many of
her fifliermen made it their practice to fifh upon the banks
of Nffva Scotia far within the exciuiive South Weft line de-
termined by the treaty ; and proceeding ftill farther fhe car-
ried on the fifhery on fhore in feveral places belonging to the
Englijhy both in Nova Scotia^ and in that part of Newfound-
land which lies to the fouthward of point Riche^ whence fhe
was excluded by the treaty, to wit 2Xfjafpay^ Les Trots IJles^
and other places. To prevent the encroachments on the
fifhing banks fhips of war were appointed, which driving ofF
fuch French fifhermen as they met with, after their departure
they frequently returned. Under this management, with the
advantage of having the moft proper fait ready in their own
ports, the French fifhery florifhed extremely, fo that to our
great lofs in this and other dependent trades they outrivalled
us in many European markets.

Before the year 1744, when war commenced, the French
fifhery was fo far encreafed, that, according to feveral com-
putations made by judicioui> perfons acquainted with the
American fifhery, and noted for moderation and care in their
calculates, its produds amounted to a million fterling, and it
employed upwards of 25,000 fifhermen and feamen; but a
particular computation having been made of it in the year
1745, at the defire of the governor of Maffachufetts province,
by Mr. I'homas Kilby fince deceafed, who from his perfbnal
knowledge of it, and his capacity in other refpeds, was fingu?-
larly well qualified for this fcrvice, and having obtained a
copy of a duplicate of the original computation, which was in
that year tranfmitted to the government from the gentleman
who infpeded it while making, and concluded it^ and who

after

1

to fJ^ AMERICAN FISHERY, &c.

after many years lofs has lately recovered this duplicate, I ihall
give it the reader for his greater fatisfadion herein.

" A computation of the FrefJcA fifliery, as it was managed
** before the prefent war, viz. from the gut oiCanfo down a
** long fhoar to Louijhourg^ and from thence to the N. E.
*' part of cape Breton^ there was yearly employed at lead
*' 500 fliallops, which required at fea and {hoar 5 men
" each, is - - - - - 2500 men

** and 60 brigantines, feooners, floop?, 8cc.>
" each 15 men, is - - j

900

in the whole 3400 men

c<

** Thefe 500 fhallops muft be allowed to catch at leaft one
with the other, 300 quintals of fifli in the fummer feafon,
** which makes - - - - 150000 quint,
■" and the 60 brigs, feooners, 6ooquintakl ,
" each, makes - - - j 3

** which is in the whole at cape Bre'\ „,

- - - quint, fifcr 86000

ton

*' To carry the above quantity of fiili to Ei^rope there muft

*' be employed in the whole 93 Oiips of the burthen of 2000

** quintals each, one with the other, and thofe (hips have at

*' leaft 20 men each to navigate them,! t^r c .»

,,1.1. ° \ i860 lea men

'* which IS - - ~ - J

** Added to the iifl)ermen employed t5l

"' catch the fifh as above - - J
*^ makes the number of men in the cape|

** Breton fifhery - - _

3400

[ 5260 men"

** At Gafpay, at the entrance of Canada or St. Laurence
** river, are employed (ix (hips, which come out manned to
" catch their cargo with fhallops left there during the winter,
^' and have at leaft 60 men each ; thefe are 360 men, which
*' added to tliofc on the N. \V. lide of Neivfoundland in the
^ under mentioned harbours, ports, gulph, 6cc. amount to as

H 2 *' follows.

S'

5 2 The Ancient Right of the English Nation

** follo\ys, and may be allowed with the other 3000 quintals-
"offiflieach, — vizJ* ^. , / > .? ,,.., ^,^^^

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** At Gafpay - - 6 (hips
" ^Wrtf - - ed"
«' Port en Bafques -66." '
>* £« /row /^« - 3d?
**Cape5r^/tf» - 93 d'
*• And add - - - 300 d"

•* Makes

414 (hips

360 men
360 d° „
360 d» ■
180 d"
5260 d'
1 8000 d*

and

1 8000 quint.

1 8000 d"

18000 d"
9000 d° . J\
186000 d» .
900000 d»

1 149000 quint.

24520 men,

fifh*?

" The laft mentioned 300 fail of fliips have always been
" allowed and boafted of by the St, Malos men to be fitted
** out from thence and Granville on the fifhing voyage which
" they carry on at Fichanie^ Petit Nord^ &c. to the north-
ward of Newfoundland^ the ftraits of Bellejfle^ and through"
there into the gulph of St, Laurence round on the main to
cape Gafpay abovementioned ; and although it is true that
of thefe 300 fhips it may be objeded fome of them are of
thofe at Gafpay^ others at Port en Bafque &c. in the above
" calculation, yet in lieu thereof, knowing it to be fo, no re-
** gard is had to the fliips there employed, fitted out at St,
" John de Luz, Bayonne, Nantes, Havre de Grace &c." which
go into thofe feas, and are more than the 2 1 fliips above-
mentioned.

" The mud fifliery fo called by the Englijh (that of moriie
" vert by the French) is carried on by a number of fliips
** fitted out from France for their voyages on the banks, where
** they are to catch their lading and return home, without
** going into any port, unlefs in cafe of extremity, and then
** their refort is to cape Breton ; and in this fifliery are em-
ployed from the river

cc

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cc

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** Sendre
** from Olune and Poitou
** Havre de Grace
" St, Malo -
** and from other ports
** is in all

40 fail of fliips
60 d*»
10 d°

20
20

150 fail of fliips. Thefe are

manned

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manned with feamen and fifhermen from i6 to 24 each,
and catch one with another from 22000 to 30000 fifh by
tale, which on a medium is each 20 men, and each 26
thoufand of fifhes, and are in the whole, of men 3000,
and of fifh to be counted out by the hundred 3900000;
but fome fay this fifhery confifts of 200 or more fail of
(hips, fo that this may be lookt on rather an under valuation*
than over."

" In regard to the value of this branch of trade it may not'
be amifs to add the large quantity of train oil hereby pro-
duced, which France cannot do without, either at home for'
their woollen manufadory, lights, &c. or in their fugar
iflands, which are fupplied from this fifhery : and now let
this mud fiftiery at this eftimation (which is fhort)
of - - - 150 {hips, and 3000 men, be added to that of
the other of 4i4fhips, and 24500 men, and then thefe will!
appear to be 564 ftips in all, and 27500 men yearly employed*
from France on the banks of Newfoundland^ and the ad-
jacent (hoars, and no lefs quantity than 11 49000 quintals
of baccaleau, and of mud fifh 3900D00 in number, catcht
there, and tranfported in their own bottoms by the French -
to North and South France as much as they can confume,
and the furplufage to Spain^ Italy^ &c. And as to the
quantity of oil it may be relied on that to every hundred
quintals of fifli they actually do (or with care may) make
one hogQiead of oil, clear drawn oiTfrom the blubber, and ;
this will produce 1 1 490 hoglheads of oil (/'. e, hogfheads
of 60. gallons each) and allowing 4000 fifh in number,,
equal to one hundred quintals when cured, and then the,
3900D00 mud fifli by the fame rule will produce 975
hogfheads of oil, and thefe added to the other 11 490.
hogfheads make in the whole 12465 hogfheads. of oil,,
which is equal to 3116 tonns and t" \

I

"Whichi-

51

^ I

54-

cc

TJ^ Ancient Right of the English NATiot^
Which II 4QOO0 quintals of fi(K at los. fterl.l " **

. 1 1 • I 7 i;74.COO

" />^r quintal only 18 worth - - j j/*rj

** and the 3 ii 6 t tons oil at i S /. fieri, per ton 56092 10

" is the produce of one fummers fifliing - fterl. 630592 10
^' exclufive of the value of the 3900000 mud fiih, which
" produces in France^ its proportion being fold there accord-
*' ing to the bed French accounts (the Englijh in thefe part^
** not being acquainted with the value of this fort of fi(h) by
*' tale at a livre a piece ; but fuppofing them fold at nine
*' pence fterling a piece, their value then will be 146250
** To which add the freight of 1 1 14000 quint."] . '

of dry fifhat 35. fterl. />^ quintal, this/ " ■" "' ■:
fifh in the above computation being I 172350
" eftimated according to its value at the
" places where cured, and firft (hipped,

((

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*' With the value of the dry fiOil

" as above - - - j 5/4-5

** and the value of the oil
*"* Making in the whole

56092 10.

630592 10

949192 10

At the time when by this computation the French part of
the American fifhery employed 2750011100, and its annual
produces were near a million fterling, according to a general
account of the Englijh part of it carried on at Newfoundland^
given me in the year 1 745 by captain Mafiers, late of Poole^
deceafed, who was intelligent, and many years largely con-
<:erned in it, it employed icooo men, and its annual produds
were 400000/. though according to a particular coraputatioii
publillicd in 1745, and faid to have been prefented to the
miniftry in the beginning of that year by a gentleman of large
trade in the city of London^ the number of men employed
was confiderably lefs. Thefc computations included all per-
fons employed, except thofe who belonged to the colonies,

whole

ym

to the A ME RICAN FISHERY, &c.

whofe number has been fubjeA to greater variations; but at
this time they probably amounted to about 2500.
-«: Upon opening the war in 1744 the defigns of the French
were to conquer Nova Scotia^ and deftroy the Englijh fifl-iery,
in purfuance whereof they made the four following expeditions
in that year. i. Mr. Duquefnel^ go'^ernor of cape Breto?jy
within three days after his receiving the declaration of war^
fitted out an armament from Louijbourg.^ commanded by Mr.
Duvhkry againft the ifland of Canjo, a part of JVova Scotiay
where the Knglijb had many years carried on a confiderable
fifhery. This place wanting the ufual protection of tlie
ftation (hip of war, not fent that year, Mr. Duvhier without
oppofition entered the harbour by night, furprized and burnt
the fort, with the other buildings, deftroyed the fifliery, and
carried the garrifon, confifting of about eighty private men fit
for duty, with their officers, prifoners to Louifbourg, • 2. Upon
Mr. Duviviers return from this expedition Mr. Duquefn€l
fent him immediately upon another againft Placentia^ which
was fruftrated by contrary winds. 3. In the mean time an
attempt was made upon Annapolis Royal^ the folf" remaining
ftrength whereby Nova Scotia was held, by a body of Indians
prepared for this fervice upon the approach of the war by the
governor of Can^day who being now colleded to the amount
of about 700 men, and led on by a prieft named Le laiutrcy
laid clofe fiege to the fort, the works whereof, compofed of
earth and timber, were fo ruinous in feveral parts that the cattle
could walk, over them, a new fort of ftone being then pre^
paring. The garrifon confifted of about eighty men fit for
fervice. The works being afiailable almoft on every fide the
enemy made their attacks without intermifiion, but chiefly in
the night, whereby the garrifon was kept in continual alarm
in everv quarter ; and this hard fervice continuing eleven days
both ofiicers and men were fo much fatigued that they could
not have held out many days longer. When thus diftrefled
fuccours arrived from Bofion^ which were raifed and difpatched

SS

oa

r

56 Tie Ancient Right of the English Nation

on receiving cafual advice of the dcfolation of Canfoy upon the
appearance whereof in the bafin, and the fnow which con-
voyed them difcharging her cannon, the Indians made a pre-
cipitate retreat, and could not be brought back to give the
garrifon any farther moleftation till Mr. Duviviers attempt two
months after, before which time the works were repaired,
and the garrifon ftrengthened with farther fuccours from
Bofton, 4. Upon Mr. Duviviers return from the Placentia
expedition Mr. Duqmfnel difpatched him with fome troops to
reduce Annapolis^ who having coUedted the Indians waiting
ibr him at Minas inverted the fort, expeding to be foon fol-
lowed by three French (hips of war of 70, 56, and 30 guns,
with 280 land forces, a large train of artillery, and ftores, in-
tended by Mr. Duquefnel to be fent from the fquadron in
Louijhourg harbour appointed to ^convoy the JVeJl India fleet
to France, This reinforcement never came; however Mr.
Dtivivier continued the fiege till he brought the commander
to treat with him upon terms of furrender ; but on his making
an infidious propofal the treaty broke oflF, and frefh fuccours
opportunely arriving from Bojion^ Mr. Duvivier defpaifing of
the arrival of his expeded reinforcement decamped, and re-
tired to MinaSy Mr. Duquefnel being difappointed of the
afliftance expeded from the French fquadron armed and man-
jied a banker of 400 tons, with a brigantine and floop, and
fent them to reinforce Mr. Duvivier^ expeding they would
find him before Annapolis, Thefe veflels upon their arrival
at the narrows below Annapolis came to an anchor, intending
to wait there till they fhould know Mr. Duviviers fituation.
They were feen ftanding up the bay of Funda by a fifherman,
who on his arrival at Boflon informed the governor of it;
whereupon the next day he. fent an advice-boat to the com-
mander at Aimapolis^ with intelligence, and an aflurance that
within four days he would fend three armed veflels well ap-
pointed for his defence. This advice-boat incautioufly fell
in among the Fr^w^ vefllels in the night, and the mafter in

his

/^ />&^ A M E R I C A N F I S H E R V, 6cc. jy

Ms furprize fufFered the governors difpatches to fall into the
enemies hands. The French commodore had by this time
difcovered that Mr. Duvivier was retreated, and now finding
that a naval force was coming after him he cut his cable, and
diredlly quitted the bay, which was foon after entered by the
vefTels difpatched from Bojion, Upon thefe difappointments ^

the Indians difperfed, and Mr. Duvivier returned with his
troops to Louijbourg, In cafe he had in his return from the
Canfo expedition been fent to reduce Annapods^ ]o\ntA by Le
Lout res Indians ^ he would without queftion have furprized the
garrifon, and taken the fort before they had notice of the
declaration of war — The defigns againft Placentia and A?ma-
folis thus proving fruitlefs Mr. Duquefnely in order to fecuie
the conquefl: o£ Nova Scotia the next year, and make efFedual
war upon the Englijh fifhery, fent Mr. Duvivier to concert
meafures with the proper perfons in France,

In January 1745 the Maffachufetts governor propofed to a. d. 1745.
the aflembly an expedition againft Cape Breton^ which they
declined, from a fenfe of their fuppofed inability to profecute
fo great a work ; but being afterwards convinced that a more
favourable opportunity of reducing Louijbourg then offered
than would probably happen at any future time, and moved
by the importance of the prize, on the 25*'*, they refolved to
make k; whereupon 3250 volunteers, under proper officers,
were enlifted, armec^ difciplined avid colleded; and all the
naval force they could raife, 01 hire in the neighbouring colony
of Rhode-ijland^ warlike ftores, provifions and tranfport vefTels
were provided. The troops embarked and failed in March ;
and as a fufficient number of battering cannon could not be
obtained, and thofe who planned their operations held it ne-
ceffary to make their utmoft efforts for taking the grand
battery, confident of their fuccefs herein, they carried with them
a proper quantity of 42 pound ball, fuited to the cannon of
that battery, which in the event anfwered according to their
wiihes. Their naval force confided of four fliips of twenty

I guns,

58 ' *the Ancient Right of the English Nation

guns, a fnow of fixteen, another of fourteen, a brigantine of
twelve, and two fmall (loops, being joined by the ConneSiicut
and Rhode-ijland floops of twelve guns each, and a fmall
armed veflel from New Hampfiire\ and, to fupport the ex-
pedition, ConneSiicut fupplied 500 men, and New HampJJjire,
300. Part of the naval force was firft difpatched to cruize
off Louijhourg^ to cut off intelligence and early fupplies, and
the troops failed under convoy of the reft, without an affurance
of being fupported by any of the kings fhips of war. When
the expedition was refolved on, the governor, who from the
beginning had depended on the affiftance of fome of the
kings (hips in America^ by an exprefs-boat acquainted Mr.
IVarren^ who commanded a fquadron at Antigua^ with it,
defiring the afliftance of fuch fliips as could be fpared. At
the fame time he informed Sir Chalo-ner Ogle of it, who was
then upon the point of returning home with a fquadron
from 'Jamaica^ and propofed to him to make Louijhourg
in his way. He likewife fent advices thereof to his ma-
jeftys minifters. On the day before the troops failed the
exprefs-boat returned with an anfwer from Mr. Warren^
dated the 24.'^ of February ^ declining to give the defired
afliftance, upon the unanimous opinion of his captains prefent
at a confultation held the day before. Of this difappointment
the firft and fecond perfons in command only were advifed.
In anfwer to the difpatches fent to Sir Chaloner Ogle at Ja-
maica admiral Dav^rs who relieved him acquainted the go-
vernor that he had prefled him much to comply with, the pro-
pofal of his letter, but could not prevail on him to do it. On
the V*^ oi April the troops arrived at Canfo^ the place of general
rendezvous ; and Chapeau-rouge Bay near Louijbourg^ the place
appointed for their landing, being full of ice they were detained
at Cafifo till the latter end of the month. On the iS'*" the
Renoinee^ a French fliip of war of 36 guns, with 300 feamen,
and 50 mariners, charged with public difpatches, fell in with
the Maffachufetts armed veflels cruizing oft" Louijhourg har-
bour, where fhe maintained a running fight, but out failing

them

70 ^/^^ A M E R I C A N F I S H E R Y, &c> -^

them got clear : afterwards fhe fell in with the ConmSlicut
troops, under convoy of their floop, and that of W^ode-ijlavd^
the latter of which (he attacked and damaged confiderably ;
but finally the floop got off, the other floop with the tranf-
ports efcaping during the engagement ; and after making two
more attempts in vain to pufli into the harbour flie returned
to France with her packets, and advice of the expedition.—
On the 23"^ of Aprily in purfuance of orders from the lords
of admiralty, Mr. ^yarren arrived off Canfo with three fliips
of war, another having under his orders arrived there the day
before. After a few hours flay, to confer with the general
by letter, he proceeded to cruize off Loutjbourg ; and during
the fiege he was joined by £.wq fliips of war difpatched from
England^ whereby he was enabled to cover it, as he did effedl-
ually. On the i(f^ of May^ in light of the camp, he took
the Vigilant of 64 guns, proceeding to Louijbourg with
ordnance ftores — On the 30'*^ and 31^ of April the, troops
Janded in Chapeau-rouge bay ; and having repulfed with lofs
the party fent out to oppofe their landing, tranfporting their
cannon by hand with inexpreflible labour through deep mo-
raflies, and ways deemed by the French impaflable, drawing
part of them up a fteep bank and rock, with difficulties al-
mofl: infuperable, raiflng battery after battery, and enduring
chearfully the greatefl: hardfliips, though fuch numbers were
feized with fluxes that fifteen hundred were at one time in-
capable of duty, they profecuted the fiege v/ith fuch alliduity,
courage and condud:, that, aflifl:ed by the grand battery, which
the enemy in their fright at firfl: quitted, and afterwards would
have regained, by their operations the ifland battery, efteemed
by the French the Palladium of Louijbourg^ was fo greatly
annoyed that they defpaired of keeping it ; Maurepas gate at
the eaftern part of the city was fliattered ; the enemys north
eafl: battery was damaged, and fo much expofed to the fire of
the befiegers that they could not (land to their guns; the cir-
cular battery was ruined, and all its guns fave three difmounted,

I 2 fo

59

nesa

us

li'

fmim

*

11,

60 1%e Ancient Right of the English Nation

fo that the harbour was difarmcd of all its principal batteries ;
the weft gate of the city was demolifhed, and a breach made
in the adjoining wall ; the weft flank of the kings baflion be-
longing to the citadel, and the battery there, whofe guns
pointed to the land fide, and greatly annoyed the works of
the Lcfiegers, were nearly ruined, and the citadel itfelf very
much damaged, and moft of the guns mounted during the
fiege were filenced; all the houfes and buildings in the city
were fo damaged that one only was left unhurt ; the enemy
were extremely harrafled by their long confinement within
their cafmates and other covered holds, into which they were
driven by crofs fires from the cannon and mortars of the
befitgers, which ranged through the houfes and ftreets in
every part o{ the city ; and their ftock of ammunition being
nearly cxhaufted the governor, in the afternoon of the 15*'^ of
yuf.'Cy u:ider a flag of truce defired time to draw up articles
of capitulation, which being granted till the next morning
articles were then fent, which were rejeded by the general
and commodore, who propofed others that were accepted, for
the performance whereof hoftages being that day exchanged,
on the next, the 1 7^^ of jfune^ the city was furrendered, and
the garrifon, confifting of about 650 regular troopS;, with the
inhabitants, including about 1300 effedive men, who during
the fiege were under arms, became prifoners by capitulation.
During thefe operations St. Peters^ and eight other fiftiing
fettlements upon the ifland were broken up, and upoii the
furrender of Lomjbourg the inhabitants of aS*^. jQb7ts ifland
fubmitted likewife.

Soon after making this conqii-.-ft new difiiculties arofe.
Firft, a great part of the officers as well as the troops were
much enclined to deftroy the town, raze the fortifications,
and return home, where they were much wanted. This pro-
ceeding being prevented by the general and commodore, and
the troops having entered the fervice with an expedation of
returninf; upon the conclufion of the fiege, and the garrifon

fervice

, -^;Y,

/^ //5^ A M E R r C A N FISHERY, &c.

fefvice being difagreeable, and their diet unhealthful, great
difcontents arofe among them. 2. The general and commo-
dore, with others, had perfuaded themfelves that the captors
had good right to the foil of the ifland, and a day was thought
of for making diftribution of part of it. 3. A court of vice
admiralty was without authority ereded there, with a view
chiefly to condemn as prize two French Raft India fhips and
a South' fea fliip, and their cargoes, of the value of 600000/.
or more, and notice fent by the commodore to the feveral
colonies upon the continent that fale would be made of them
under fuch condemnation at a time prefixed. 4. Upon re-
ducing Louijbourg the garrifon prefuming that many French^
fhips were ftanding for that place, as a port of fafety, kept the
French flag flying for a decoy to them. This had the defired
effed: in drawing the fliips aforementioned to it, which were
prevented from entering the harbour when making it by fome
of Mr. Warrens fquadron lying there, which went out
merely to make thefe captures. The troops could not be per-
fuaded the fquadron had any ^nch exclnfive right, but com-
plaining faid it was contrary to all reafon and equity that
they fhould undergo fuch toil and hazard to provide a harbour
for the fquadron, into which they had entered without any
expence of their powder, having never fired a fingle (hot againft
the place during the fiege [/], and that they fhould thus by
ifluing out, while the fort and garrifon remained fixed, folely
reap this fruit of the conqueft. The more intelligent part
were of opinion that thefe fliips not being prize within the
intent of the adl, which gave fhips taken in the courfe of the
war to the captors in reward of their merit, they of right be-
longed to the public treafure, to be difpofed of as juftice tO'
the ftate, and the parties concerned in their acquifition, re-
quired. 1 he commodore had upon the furrender taken and

■[/] The troops, I am fatisfied, did manders, for whL.i they had no caufe,.
not intend by thefe exprefllons to re- but mecrly to declare in Ilrong terms ^
fled uf on the courage of the fea-coni- their own fcrvices.

4 ^^P^

61

il

62 ^e Ancient Right of the English Nation

kept pofleflion of one or more of the batteries with his
marines,, and once taken the keys of the city gates into his
•cuftody, and interfered in the naval office. Thefe proceed-
ings, though of fhort continuance, being held by the troops
difhonourable to them, had fliarpened their minds, fo that
now difgaft animoflties and murmurs accompanied their
complaints, which were aggravated other ways, but chiefly by
the ficknefs that daily encreafed upon their unexpecSted deten-
tion, and which before their relief carried off 1500, or more
of them. Upon the difcontent of the troops Mr. Pepperrell
the general informed Mr. Shirley the Majfachafetts governor
that his prefence was neceflary to allay it; and to pacify for
the prefent the great numbers who daily prefled him for their
difcharges he referred them to him, telling them he only had
power to difcharge them, and would fliortly come to Louif-
hourg^ defiring them to ceafe their importunities only till his
arrival, the commodore fending at the fame time his majeftys
fhip HeEior to bring him thither; and the Majfachufetts
aflembly upon confidering the general ftate of the new con-
iqueft made under his commifTion were extremely urgent with
him to proceed diredly to Louijbourg^ and take upon him the
government of it, making at the fame time feveral provifions
for the fatisfadion and encouragement of the troops, where-
upon he proceeded accordingly. On confidering how much
th " city was weakened by the fiege, and that the minds of its
defenders were now fo far employed upon other objeds than
its fecurity, and how uncertain it was when and what force
would come from France in confequence of Mr. Duviviers
going thither, of the Renofnees return with intelligence of the
expedition againft Louifbourg^ and of the great regard which
the French had for the advancement of their intereft in this
quarter, judicious perfons were apprehenfive of the confe-
quences of the prefent ftate of this important place.

The governor on his arrival reconciled the troops to their
.continuance in their duty, though not without difficulty, put

an

M

/^ />5^ A M E R I C A N FISHERY, &c.

an end to the propofed diftribution of the conquered laods,
and diflblved the pretended court of admiralty, thereby pre-
venting contefts innumerable, and difficulties irremediable
which would have enfued upon the unlawful condemnation^
of fuch valuable cargoes, and the intended fubfequent falca
thereof, and the feizures for their unlawful importation by the
purchafers;^ and all points were fettled to general fatisfadion,
and a conftant harmony fubfifted between the governor,
general and commodore. Some time after frefh difcontenta
among the troops, proceeding chiefly from erroneous notions,
arofe to fuch a height that the greateft part of them entered
into a combination to demand their difmiflion early the next
morning upon the parade, information whereof being given
to the governor late in the afternoon fome of the ring-leaders
were thereupon fecured, the men ofi-' duty ordered into their
barracks, a council of war called, and orders given for an ex-
traordinary number of officers to walk the rounds till morning,
and that the Several regiments fhould be very early drawn up
at their refpedlive alarm pofts for the governor to fpeak to
them, when by promifing advance pay to fuch of the Maffhr-
chufetts troops, whofe pay was unequal to thofe oiConne&icuty
as fhould be detained till the fpring, and by affuring them
that in order to provide for their cloathing during the winter
he had two months before defircd the governors of New York
and Penjilvama to procure for him. what woollens they could
upon his own bills, in addition to what the afiembly fhould
be able to buy in BoJIon^ that he had lately received advice
that a very large quantity of woollens were (hiped for him at
Philadelphia^ and that he expeded a fupply of cloaths of all
kinds, and bedding, for them would fpeedily arrive ; that he
would take care upon his return to Bofto7t that whatever was
due to any of them fliouki be forthwith paid to their orders,
and by informing them all that he expected a confiderable
number of recruits were then upon their paflage, and that by
the middle of OSlober he would difcliarge as many of thofe

who*

6s

i-H

64 7%e Ancient Right of the English Nation

who ferved at the liege as would reduce the garrifon to 2000,
which number muft of neceflity be retained that winter to
fecure the conqueft they had made; by thefe and other means
he explained away or removed the caufes of their mutinous
difpofition ; fo that being entirely fatisfied no future difcon-
tent appeared among them.

In the beginning of July the Brefi fquadron, with Mr.
Duvivier on board, confifting of feven fhips of war, including
the Renomee^ appointed to i^^mq,^ Annapolis ^ deftroy the Englijh^
and proted: the French fifhery, failed ; but on gaining certain
intelligence in their paflage that the Englijh were in pofleflion
of Louijhourg^ and had a ftrong fquadron there, they returned.
It is needlefs to fay that the Cape Breton expedition was the
reafon of fending the Englijh fquadron, or. to fet forth the
dangers that would have attended Nova Scotia and the EngliJJj
fifhery from this French fquadron, in cafe that expedition had
not been made, and fo large a fquadron fent out on that oc-
cafion.

Mr. Shirley after enquiring into the ftate o{ Quebec and the
forts Frederick^ Frontenac and Niagara^ with the difpofition
of the fix nations, was of opinion that the Englifh having
taken czpe Breton, following their blow, might reduce Canada;
wherefore during his flay at Louijhourg he concerted meafures
with Mr. Pefperrell znA Mr. Warren for an expedition againft
it, and before his departure on the 30''' of November he and
Mr. Warren propofed the attempt to his majeftys minifters;
A. D. 1746. whereupon his majefty in the fpring ordered {\x battalions of
his troops, under the command of general St, Clair, to be
joined by fuch troops as could be raifed in feafon by the colo-
nies, with a proper naval force, to be employed in this fervice.
Fra?Ke at the fame time intending to fecure the conqueft of
Nova Scotia refolved to fend out for that purpofe a ftrong
fquadron from Brejl, with a confiderable number of troops, to
be joined by Mr. Conjlans fquadron from cape Franqois in
ChebuSio^ fince called Halifax^ harbour, and afiifted with a

body

to tie AMERICAN F I S H E R Y, &c.

body of Canadians and Indians^ thefe two fquadrons com-
pofing a greater force than had at any time been employed
againfl: the northern part of America, and Mr. Confiam
fquadron being probably ordered to come from cape FraJiqois
not only for the fake of its additional flrength, but alfo for
better preventing the EngliJJj from knowing the force of the
armament prepared againfl: them. '

The two nations having compleated their preparations for
thefe expeditions the Englijh varying their councils laid afide
theirs ; but France profecuting hers, on the 29'^ oi April duke
D^ Anville the commander failed from Breji^ without having,
as it fhould feem, colleded his whole force ; and after put-
ting back he failed thence again on the y''^ of May for port
Louis^ and having been detained at dilTerent places on the
coafl: by contrary winds, or other caufes, till the 2 2^ of yune^
he then failed from Rochelk with the Northumberland and
'Tigre of 66 guns, the Trident^ Ardent^ Mars and Alcide of
64, the Caribou and Leopard of 60, and the Diamant and
Boree of 50, with feveral fmaller (hips of force, two fire fhips,
two tenders with artillery, and a great number of other veflels,
with 3150 troops, and large quantities of ftores and provi-
fions. The deftination of this fquadron was kept fo fecret
that an officer of one of the fhips of war, in his letter dated
at ChebuSlo OSiober 10, taken in an advice boat fent thence to
France^ exprefTed himfelf thus. *' The 19'^ [of ytdy\ the
" Renomee went a-head, we imagine, to get fome intelligence
" of the place we were deftihed for;" and according to his
relation of their voyage, meeting with calms, little or contrary
winds, after having left France 64 days they were at 300
leagues diftance from Nova Scotia, the place to which they
then imagined they were bound. On the 10'^ oi September
they difcovered the coaR of Acadia, hoping then to get into
ChebuSlo their intended port with fafety; but on the 13''' a
florm came on which diftrefled and difperfed the fleet. On
the 15''* the weather clearing up they joined the Tigre and 25

K merchant

6s

BE

66 I'be Ancient Right of the English Nation

merchant fliips. The Caribouy Alcide and Mars loft each a
top-maft, and the laft being very leaky, he fays, fleered for
the jlinerkan iflands, the Alcide being ordered to take care of
her. On the 27''' Mr. de 'Tourmelle^ the fecond in command,
with the greater part of the fleet, got into ChebuSio^ where,
according to other accounts, duke U Anville had arrived with
a few fhips two or three days before, and, overcome by his.
grief at mifling the reft of his fleet, and other difafters, he de-
ftroyed himfelf. The French oflicer aforementioned fays that
on their arrival they were told he died of an apoplexy that day
at two in the morning. On his death the command devolving.
on Mr. de Tourmell^ to proceed in the words of the letter
writer, ** he called a council of war ; but by a particular,,
" extraordinary and tragical accident Mr. de Tourmell is no
" longer our general; the council of war, which held feven.
" or eight hours, exafperated him fo violently, that, on the.
" i*^ of OEiobery he was feized with a fever, and foon after
** delirious, which fo extremely agitated him, that, imagining
" himfelf among the Englijh^ he laid his hand on his fvvordy.
*^ and ran it through his body: he is yet alive, but fo Con-
" fiderably weakened that he voluntarily confj^rred the com-
** mand on Mr. de la 'Jonquiere^ who in fpight of our mis-
'* fortunes gives us great expedations, for without derogating
from duke D'Anvilles character, Mr. de la 'Jonquiere has as.
much adlivity, and more experience."
'* Thus, notwithftanding our weaknefs, a very long paflage,
and a great deal of ficknefs, which has much lefl^ned our
numbers, £s well as the feparation of the Ardent ^ Caribou^
MarSy Alcide^ and the Argonaute fire fhip: What is be-
" come of the three firft we I now not, and what is ftill
" worfe, they have all troops ork board ; I fay, notwithftand-
" ing all this, we flatter ourfelves with fuccefs in the conqueft
" oi Nffva Scotia'^ Some fliort time before duke U Anvilles
arrival Mr. Conflam . .Tived ofi^ ChebuSio^ with four capital
(hips, where having continued cruizing fome days, hearing

nothing

<(

c<

<<

«<

(C

to ds AMERIC AN F I S H E R Y, &c.

nothing of the dukes fquadron, he concluded the deftinatlon
of it was changed, and thereupon quitted the coaft.

It is to be noted that while the French fleet lay at ChebuBo
an Englijh admiral lay with a fquadron in homjhourg harbour,
and the Majfachitfetts governor, in order to give iiim the befl:
intelhgence that could be got of the ftrength of the French
fquadron, fent a fmall fchooner to reconnoitre it, and carry
him a diftind: account of it, which was done, and from the
condition wherein it was found the beft judgc^ thought the
Englijh fquadron was fufficient to deftroy it ; yet the governor
of Louijbourg^ an experienced fea- officer, in vain prelled the
admiral to make the attempt.

In Atigujl Mr. de Ramfay with 1 700 Canadians and India?ts
came and encam{)cd within a mile and halfs diftance from
Annafolisy with an intent to join the forces expected from
France. The MaJTachufetts governor being advifed of this
determined to fend i 500 of the troops raifed by that province
for the Canada expedition, for the profecution whereof admi-
ral Lejlock was daily expeded with a fquadron from England^
to preferve Nova Scotia^ and ordered 600 to be forthwith
embarked, and admiral Warren being at Bojlon ordered the
Chejier of 50 guns to proceed dire(5lly to Annapolis^ to aug-
ment the fmall naval force lying there. The CheJler arrived
in a few days, and 400 of the troops from Bojloti foon after.
Upon the arrival of this reinforcement Mr. de Ramfay appre-
hending the troops to be double their real number, and that
another large numbci with a greater fea force was foon to
follow, and defpairing of the arrival of the French armament
that year, fuddenly decamped, fent 1200 of his troops back to
Canada^ and retired with his remaining force to Minas^
whence he communicated his falfe alarm to Mr. de la Jon-
quiere at ChebuSfo^ which according to good intelligence
actually prevented him from fending ibme frigates up the bay
of Funda with troops, artillery, and ordnance ftores.

K 2 Mr.

67

68 'the Ancient Right of the English Nation

Mr. de la Jonquiere continued at ChebuSio to recover hisr
men and repair his {hips, employing the crews and materials
of feme that he burnt to ftrengthen the reft, till the 3^^ of
November, when he failed, fleering his courfe for the bay of
Funda^ whether with intent to go up it with his whole force,
or to fend up only part of it for the reduction of Annapolis^ is
uncertain. Upon his making cape Sable an exceflive hard
gale drove him off the coaft, and difperfed his fhips, of which
two returning in a few days, one of them, of 50 guns, went
up the bay as high as the narrows, exped'ing, as was fuppofed,
to find others of them there ; being difcovered from the fort,
and thereupon chaced by the Chejler^ fhe ftood out of the bay,
and no more was heard of any of the fleet.

But this great providential deliverance did not fecure Nova
Scotia from danger till frefli forces could come from France
againfl it the next fummer; for Mr. de Rarnfay continued
there with about 500 Canadians and Indians^ exciting the in-
habitants to take up arms againfl their fovereign and join him,
in order to reduce Annapolis and change their fubjedlion, for
which purpofe he made ufe of falfe pretences, perfuafions, and
menaces. The elder part of thefe inhabitants were Britijb
fubjeds by their election, fubfequent to the treaty oi Utrecht ^
and the other fubjeds by birth, and they were all French by
birth or defcent, without the eftablifliment and execution of
the proper Englijh government among them, or their minds
reconciled to it, and they were French in their cufloms and
manners as well as language and religion, and confiderably
under the influence of their prieftsand the governor o^ Canada^
whence he conceived great hopes of fuccefs, more efpecially
as the inhabitantsof 6'/6/6^;^^(5?<? were openly devoted to France,
and thofe of Minas and Annapolis river were wavering ; in
order to it having fummoned the deputies of the three diflri(5ts
to attend him he told them he had intelligence that the
Majfachufetts governor was fending a large body of troops to
force them from their eflates, for the defence whereof he
I exhorted

to tJ!>e AMERICAN FISHERY, &c.

exhorted them to join him ; they promifed to report his pro-
pofal to their principals, and give him their anfwer within a
limited time. To counteradl Mr. de Ram/ay governor Shii'ley
refolved, though the winter was far advanced, to attempt
driving him out of Mitms as foon as a frefli recruit of troops
could be fent, and in the mean time to prevent his pro-
grefs in gaining over the inhabitants he tranfmitted to Mr.
Mafcarene^ lieutenant governor of Nova Scotia^ a number of
printed declarations in French under his hand, to be difperfed
throughout the diftrids of Minus and Annapolis river, wherein
he affured them that fuch as fliould remain firm in cheir
allegiance fhould be protected in the pofleflion of their lands
and juft rights, according to the treaty of Utrecht^ at the fame
time letting them know that he iliould foon fend to Minas a
force fufficient for the removal of Mr. de Ramfay, and their pro-
tedion. Thefe declarations arriving in feafon Mr. Mafcarene
found means to difperfe them among the deputies and in-
habitants before the day appointed for giving their anfwer to
Mr. de Ramfay\ whereupon they unanimoufly declared to
him they were refolved to truft to the afTurances given them
by governor Shirley of their being protected in the enjoyment
of their eflates by the king of Great Britain^ and abfolutely
refufed to take up arms as he defired. This they immediately
fignified to Mr. Mafcarene^ and by their addrefles to Mr,
Shirley gave thanks for the protedlion promifed them, and de-
clared their refolutions to be loyal fubjeds to the king.

In the latter end o{ November^ and beginning o^ December^
the troops deftined for Minus embarked at Bofton lor Anna-
foils ; one of the tranfports with the greateft part of the
troops on board was loft in their paflage, the reft arrived fafe,
and bring ftrengthened with a party from the garrifon em-
barked for Minas^ and entered Gru?td Pre, the chief town in
that diftricSt, in the latter end of December. Mr. de Ra7nfay
having received intelligence of this force coming againft him
had retired to Chiegfje&o: the extreme feverity of the feafon

prevented

69

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'■4

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70 7/6^ Ancient Right ^ t^e English Nation

prevented the IVew Eiiglmid troops from following him thi-
ther according to their orders. On tiie lad day oF 'January ^
being informed that they were didributed into diftant quarters
for their accommodation, and being pronufed uQiftance by
fome of the iuliabitants, he difpatched a large party of Cana-
dians and Inaians^ under Mr. La Corne^ who in a violent
fnow ftorm making a march through the woods, deemed im-
pra(^icable by the Ejigiiflj^ entered the town at midnight, and
furrounded the chief part of them in their quarters, the
greateft part of whom were killed, wounded or taken pri-
foners; the rell of thefe, and the parties which were not
furrounded, forced their way through the enemy to the guard-
Iiouie, a dcfenfible ftone building, whence two companies
marched the next morning to attack the enemies head quar-
ters; but after twice difcharging their mufquetry they were
obliged to retreat. The day following Mr. La Come pro-
pofcd a parley, which being confer* d to they agreed that
each party fliould bury their dead, ile then propofed thefe
terms of capitulation, that upon furrendring the fort they
fliould have leave to m.arch out with drums beating, colours
flying, and other ufual honours of war ; a fufficient quantity
of ammunition and provilions allowed to ferve them in their
march back to Annapolis, and neceflaries for carrying off their
fick and wounded ; and that they fhould quit MinaSy and
not bear arms in any part of IVova Scotia during the term of
one year, to which they fubmitted. The killed, wounded
and prifoners taken in this adion by the French amounted to
about 160, and the Canadia?ts and Indians killed and wounded
by the Englijb were computed to be between 50 and 60.
Mr. La Come quitted Minas m a few days, leaving a fmall
party there under command of an inferior oifficer.

Mr. de Ram/ay on gaining this advantage, in the name of
the governor of Canada^ iflued declarations to the French in-
habitants, requiring them to take up arms whenever they
fhould be called upon by him againft the EngUJhy on pain of

death,

/^ //^g A M E R I C A N F I S H E R Y, &c. 71

death, having their houfes burnt, and their eftates confifcated ;
and with thefe he publifhed the biflaop of Rebecs declaration,
pronouncing them abfolved from their former oaths of fidelity
to the king of Great Britain. On the other hand governor
Shirley^ to cut off all pretenfions to the conqiieft of Minas
that might be founded on the capitulation at Grand Pre,
propofed to Mr. D ■afcarene to fend as many of the troops un-
reftrained by the late capitulation as could be fpared from the
garrifon, to retake the diftrid of Mi»as, and at the fame time
to bring as many of the French deputies as they could to
Annapolis to renew their oaths of fidelity; Mr. Mafcarerie
accordingly fent out a party of rangers, with orders to land
at Grand Pre, where the commanding officer on his landing
was informed that the Canadians apprehending another defcent
might be made by the EngliJJj, and that they were unfafe
at MinaSj had abandoned it, and retreated to ChiegneSio,
which on entering the body of the town he found true, where-
upon he took poffefHon of the diftridt, ereding the EngliJJj
ftandard upon the guard- houfe; and after taking fuch of the
deputies and inhabitants as he thought proper he returned
with them to Annapolis, Soon after this Mr. de Ram/ay
evacuated the province, ' which the French invaded no more
during the war.

On the 3'' of May 1747 the admirals An/on and Warreny p^^^ ,
being off cape Finifterre with a large fquadron, fell in with
the French fleet under the command of Mr. de la yonqiiiere,
confifting of thirty eight (hips, whereof fix were (hips of war,
and three were their Eaft India company Ihips fitted out as
fuch, the reft appearing to be under their convoy; all the
fhips of force were taken, but the others efcapcd.. Accord-
ing to advices publifhed, and faid to be fent by Mr. Anfon,.
" The French fleet was to have feparated in a day or two,
"the Invincible and y^^T/ow were bound to. the Y.'^% Indies,.
" with the trade and ftore fhips ; the other fhips were for
**^ Canada with foldiersand flores, to enable the inhabitants to*

" retake.

j2 77je Ancient Right of the English Nation

" retake cape Breton'' According to other intelligence part
of this force was intended to proceed directly up the bay of
Funda^ and reduce Jlnnapolis if polfible before the EngliJJj
could be advifed of the attempt, and fend the neceirary
fuccours.
A. D. 1743. A treaty of peace was concluded at y^ix la Chapelle between
^'^'^^'^'^' Great Britain^ Frajice and the *SV/3/^j General^ to which the
other powers principals and auxiliaries in the feveral wars
acceded, by the third article whereof the treaty oi Utrecht
was renewed and confirmed; by the fifth article, together
with the preliminary articles and declarations preceding, it
\vas agreed that all the conquefts made during the war fhould
^ be rcflored, and by the ninth article his Britannick majefty
engaged to ftnd to his mofl Chrifiian majefty immediately
after the exchange of the ratitications of the treaty two per-
fons of rank and confideration, to remain as hoftages till there
fhould be received a certain and authentic account of the
reflitution of i//i? /?<?y^/, called C3/>g j5r^/o«. -.

I have fet forth the proceedings of the two nations relative
to Nova Scotia and Cape Breton^ with other incident matters,
during the courfe of the v/ar thus concluded, i, becaufe the
fads were not generally well known it the time, or have not
been fince well remembered. 2. Becaufe the proceedings of
the Englijh laid in a good meafure the foundation of later
conquefts. 3. That the practices of the French in this war
may in fome meafure ftiew their policy with refped to the
Indians^ and to thofe who from French become BritiJjD fubjcds.
4. That upon recolleding what rapid conqueils were made
by France in Europe^ and that flie had taken from the Englijh
their principal fettlement in India — that Cape Breton was
the fole conquefl: made by the Englijh^ and was the fruit of
an expedition begun without royal diredion, and which, all
things confidered, I conceive, has not its fellow, and from
what imminent dangers Noa^a Scotia was faved by providence,
and the extraordinary exertion of the Britijh fubjeds in its

neighbourhood.

to tJ[^e AMERICAN F I S H E R Y, &c. f^

neighbourhood, and confidering what difficulties in cafe of its
lofs would have attended the recovery of it by arms or nego-
tiation, together with the loflcs which the nation has fuftained
in the fifhery otherways, we may be excited to take tliC befl:
care for the prefer vation and improvement of what is left.

In the beginning of the year 1 749 the governor of Ca?7acla a. d. 1749.
and the bifliop of ^ebec took frefli meafures utterly incom-
patible with his Britannkk majeftys fovereignty over Nova
Scotia^ of which the following copy of part of a letter from
Mr. Shirley to the marquis de la Galliffonier^ dated at Bofton .
the 9''' of May i749> will give the beft information within
my jx)wer.

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" Two days ago I received from Mr. Mafcarene a copy of
your letter to him, dated at ^ebec the 15^'' of January^
wherein, among other demands, you call upon him to ac-
quaint you whether he intends to comprehend the Abenaqui
Indians in the peace, without requiring any kind of fub-
miflion from them ; and defire that in fuch cafe he would
engage mc lo let them refettle in their village, and their
miflionaries remain there with them unmolefted, as they
did before the war; obferving to him that thofe Indians
entered into the war only as your allies, and therefore when
the war was iinifhed with you it ought to be fo with re-
gard to them; and you proceed to fay, Sir, that if they
thought otherwife in New England you fhall be obliged to
affift thofe Indians^ intimating that it is of importance to
the fafety and tranquillity of the frontiers of the Maffa-
chufetts Bay that you ihould have a fpeedy and politive
anfwer, and that you fhall not be furprized if the Indians
fhould proceed to a6ts of violence."
** To this, Sir, which is the fourth demand in your letter,
Mr. Mafcarene having referred you to me upon it, I fhall
comply with your requefl in giving as fpeedy and pofitive
an anfwer as may be."

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The Ancient P,ight of the English Nation;

** The river of St. Johns ^ upon which that part of the
Indians to which you chiefly refer, is feated, has been ever
deemed to be fituated within the heart of N(roa Scotia^ and
confequently that tribe of Indians^ together with the French
inhabitants upon the fame river, are within his majeftys
territories ; and accordingly, Sir, the latter have acknow-
ledged themfelves ever fince the treaty of Utrecht^ to be the
fubjeds of Great Britain by taking the oaths of fidelity and
allegiance tc it, and have had the protedion of his majeftys
government in common with his other fubjeds in that prc^
vince : this being the cafe, thefe Indians when the advice of
a rupture between his majefty and the king your mafter was
hourly expeded, under the pretext of fending a deputation
to Mr. Mafcarency to delire they might remain in peace
and amity with the Englijh notwithftanding war fhould
happen between the two crowns, gained admiffion into
Annapolis Royal for fome of their tribe, who were in reality
{as it afterwards proved) fpies ; and having obtained Mr.
Mafcarenes agreement to what they pretended to propofe
in behalf of their tribe, and being honourably treated and
difmifled by him, returned in three weeks after, among others
of their tribe, with the miflionary Le Lout re at their head,
furprized and kill^.a as many of the Engltfi at Annapolis
Royal as they caught without the fr^rt, deftroyed their cattle,
burnt their houfes, and continued ads of hoftility againft
the garrifon till the arrival of the firfl party of fuccours
which I fent it from New England ; fuch Vv'as the entrance
of thefe Indians^ Sir, into the war v/ith us, and their alli-
ance with you."

** For this perfidious behaviour I caufed war to be declared
in his majeftys name againft them at BoJIon in^ November
1744, and, fo far as it depends upon me, they ftiall not be
admitted to terms of peace till they have made a proper
fubmiflion for their treachery, unlefs chey fhould be already
comprehended in the definitive treaty of peace and friend -

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/^ //^^ A M E R I C A N F I S FI E R Y, &c.

fhip lately concluded at y^ix la Chapelle^ which I fhall on my
part flridly obferve in every point;"

" As to what you have thought fit to declare, Sir, in your
letter concerning your intentions to fupport the Indians in
ads of hoftility againfl: us, unlefs we give ihem peace upon
the terms tnere prefcribed by you, and the danger which
the frontiers of the Majfachtifetts Bay in particular n\ay be
in, unlefs you have a fpeedy and pofirive anfvver upon this
head ; what I have to fay in anfwer is, that: I fliall be forry
for a new rupture between us, and atn very defirous to have
perfect tranquillity reflored to the province under my go-
vernment ; but if the latter is not to be the cafe, and you
think fit to make yourfelf a party in an Indian war againft
us J I doubt not but his majeitys fubjeds upon this conti-
nent will be able to makejufl: reprifals upon Canada^ when
it fhall be his majeflys pleafure to have them do it.
" I can't avoid expieffing great furprize at the other parts
of your letter, whereby you take upon you to call Mr.
Mafcarene to account for expelling the miiTionary from
Minas, for being guilty cf l^jch treafonable practices within
his majeftys government as merited a much feverer punifii-
ment than that ofexpulfion from the province."
** The right you claim of fending mifiionaries from France
to refide among his majeftys fubjeds oi Nova Scotia as their
priefts, and in confequence oi' that your forbidding his ma-
jeftys governor to make any alteration in the ftate of reli-
gion and its minifters there, is ftill more extraordinary; and
I muft not omit upon this occafiou to remark to you that
1 think the letter which the bifhop of ^ebec lately wrote
to Mr. Mafcarene concerning his intended vifitation of his
majeftys fubjeds in that government in fuch terms as
fhewed he looks upon them as part of his cure of fouls, and
within his jurifdidion, was likewife an extraordinary at-
tempt, and can't be admitted."

L 2 <'Your

75

'■"I,

w»ii '^^''»,fJ!,'5p;VWr*gJ!WiS!''

y6 T?'^ Ancient Right of the English Nation

** Your interfering in his majeftys punidiment of his fub--
" jefls in Nffva Scotia^ inflided for rebellious and treafonable-
*' practices againfl: his crown, and his requiring others of them*
** to renew their oaths of fidelity; and in one wor * your
** treating the fubjeds of the crown of Great Britain in that
*' province as if you looked upon them as fubjeds of his moffc'
*' Chriftian majefty, and being under his allegiance, is, if
**»pofrible, ftill more furprizing; and as thefe attempts are
*' manifed invafions of the undoubted right which every
*' prince has over his fubjeds, I can't but look, upon them as.
" infults upoii his majeftys government which require nofur-
*' then anfwer/*

" After ticfe attempts, Sir, upon his majeflys right of go-
*' vernment over his fubjeds in Nova Scotia^ I am lefs furprized'
*' at your encroachments upon the limits of his province,,
" which you are pleafed to call in your letter dependences of
" the government oi Canada''

In the enfuing fummer the governor of Ca?iada fent an
officer with a party of foldiers to take pofTeffion of St. "Jolms-
river, and, that they mJght -^ive the lefs alarm to the E.nglijhy.
this party, according to my information, did not exceed thirty
men : and as the moft flagrant violations of the rights of
others are feldom committed without fome pretence, in order
to palliate, if poflible, this hoftile proceeding, whereby they
feized a country to which the Britijh crown had a clear right
by the Utrecht treaty, accompanied v/ith thirty years pofTeffion,
without moleftation or claim, they pretended they were to
ftay there only till cornmifTaries appointed by Great Britain
and France ffiould fetile the limits of Acadia^ of which pro-
vince the Fre?ich governor now pretended this river was not
part, but of the dependences of Caftada, This party not
being repelled upon their coming they continued from time to
time encreafing various ways in their number, adding en-
croachment to encroachment, and one hoftility to another,
until they had feized the main body of the province, and

brought

iww'i !?;;'*«.••

/o /.^^ A M E R I C A N F I S H E R Y, &c. ^7

brought the whole into that ftate of diftrefs and danger .
reprefented by the governor, foHcitous for its prefervation, in
his letter of the 9''' of J^Iay 1750, to the lieutenant governor a. d. 1750.
of Majfachufetts Bay^ as follows,

"Sir,

" I wrote you ibme time ago my thoughts concerning the
Majfachufetts province remaining at peace with, the fmiaftSf,
while they under the direction of the French are d(^ing
every mifchief'm their power in Nova Scotia — I acquainted
you that I had fent a detachment under the command of
major Laurence to diflodge the French and Indians from
ChineSlo^ and to eftabUfh themfelves there — Four hXmdred
ruen, regulars and rangers, was all the force I could pru-
dently fpare: I had very ftrong reafons for fending ihis
detachment at this time rather than wait for additional
forces from England''

*' I was fure xh^ French covXd not have raifed any confider-
able works in winter, but that they would undoubtedly
make fome works of confequence this fpring, and if joined
heartily by the inhabitants might execute fuch a work as it
would be very difficult to mafter — It was not altogether
certain that more force fhould be fcnt from home, nor
could the time of their arrival be depended upon."
" I knew that La Corne and J joutre^ and the other priefts
at ChlneEio^ have been doing fuch mifchief in this province
as one nation never attempted towards another in profound
peace — I know that they made the St. 'Johns tribe break
their treaty — I know they fet the Mic/nars aQaind us^-—
They made tiie inhabitants of Chinefio fvvear allegiance ic^
the French king— That Loutre has been more than once at
Cobequid to ftir the other inhabitants to rebellion -—That
mefiages, promifes and threats have been conilantly fent to
his majeftys fubjedls the French inhabitants all over the pro-

'* vincc,.

7 8 . TJ^e Ancient Right ^ if^^ English Nation

" vince, to make them retire — That they are threatei)ed wich
" a general mafTicre if they remain."

*' All thefe reafons determined me to try with the force I
" have to feciire ChineBo — Little did I think that any French
" officer would prefume to go the lengths that you will lind
*' La Corm has done; he fet fire to BeatibaJJm the minute
" the vefTels were in fight — He carried all the inhabitants
•' with their effeds beyond the river; there he planted French
*' colours, and lined the dykes with his troops, Canadians^ the
** rebel inhabitants, and the favages: the whole amounted to
" 2500 men — He plainly declared to major Laurence that
** he would defend that fide of the river as the king o£ Frances
"to the laft extremity — They openly claim the north fide of
•** the bay of Fundy from ChineSio to Kennebec river.'*

*' The French inhabitants harrafled and molefted by the
*^ French and favages, and defpairing of our being able to
** protcdt them (and indeed without a force at ChineBo 'tis
*' impoflible) have all of them refolved to quit the province,
" and throw themfelves into the arms of the French — h\\
" thefe inhabitants the French propofe to fett'e on the north
" fide of the bay o^ Fundy J^

" This, Sir, is a plain account of the faithlefs violent pro-
*' ceedings of the Fre7ich^ and their ambitious views."

" \i we allow their fchemes to be carried into execution
" the confequence will be certain ruin not to this province
" only, but to all the northern colonies."— The French after
this continued their hoftilities, and eredled fort after fort, to
fecure the main part of the province already feized, and by
the reft, left to the EngliJJj for the prefent, under fo many
different fires as cooperating with that of Louijhourg would
greatly affift them to reduce this remnant alfo, whenever they
iliould think fit to make the attempt.
. In the mean time commiflaries being appointed by the two
crowns to fettle the limits of their refpedivc dominions in
North America^ and their negotiations taking place, oiv the 2 1 ^

day

> }

/(? //^^ A M E R I C A N F IS H E R Y, &c.

d^y of September 1750, the Britijh commiflaries, by their
writing under their hands, after reciting the aforefaid cedion
of all Nova Scotia or Acadia to the crown of Great Britain by
the treaty of Utrecht^ with the fubfequent authentic ad:
figned by the French king at Marliy whereby he yielded xip
the faid country with all its d^endences to the qneen of
Great Britain, declared what were the limits which they de-
manded as the true boundaries thereof, to wit—" On the
" Weft, towards IVew England, by the river Penobfcot, other-
'* wife called P^^^^^o^^, that is to fay, beginning at its entrance,
" and from thence drawing a ftreight line No; thward to the
*' river di St, "Laurence, or the great river of Canada: — On
" the North by the faid river of St, Laurence, going along
\*.' the South- fide of it to Cape Rojiers, fituated at its en^
" trance. — To the Eaft^ by the great gulph oi St. Laurence
** from the faid Cape Rofiers, running South Eaft wards, by
** the iflands of Baccalio or JCapc Bi^et^n, leaving thefc iflands
** at the right, and the gulph of St, Laurence and Newfound'
** land, with the iflands belonging thereto, on the left, unto
•* the cape or promontory called Cape-Breton : —And, to the
** South by the great Atlantic ocean, drawing to the South-
** Weft from the faid Cape- Breton, by the cape Sable, taking
** in the ifland of that name, round about the bay oi Fundi,
** which goes up Eaftward into the country, to the entrance
*' of the river Pembfcot, ot Pentagoet,

**■ And agreeable hereto the faid commiflaries demand all
•* fhe lands, continents, iilands, coafts, bays, rivers and places
*• which are comprifed within the faid limits, or are depen-
** dent on the faid Nova Scotia, or Acadia, bounded as above,
" with the fovereignty, property, &c. as belonging to the
** crown oi Great Britain by virtue of the faid twelfth article
** of the treaty oi Utrecht, without refervation or diminution,
*' except the faid ifland of Cape Breton, and the iflands fituated
" at the mouth of the river of St, Leiurence, or in the gulph
** of the fame name, the which are referved to the crown of

*' France^

79

^M

8o The Ancient Right x>f th English Nation

" France by the i'^'^ article of the faid treaty. And without
*' that it be permitted to the fubjeds of the crown of France
" to fifh in the feas, bays, and other places within thirty
** leagues diftance South Eaft of the coafts of the faid Nova
" Bcotta or Acadia^ beginning from the faid ifland of Sable
** inclufively, and ftretching along to the South Weft [^]."

When a river divides the dominions of princes, a line con-
ceived to pafs along the middle of it is the true limit of each
dominion, in all cafes wherein fpecial rights do not intervene.
The grant made by king James to Sir William Alexander
comprehended all the rivers, iflands and feas lying near or
within 6 leagues of the lands of the continent by him granted,
on the Weft, North, and Eal\ parts thereof; yet, to fay no-
thing of any other part, the northern boundary of the Briiifb
dominion claimed by the jBnV^ commiflpries includes neither
fuch part of tlie river Canada^ or St, Laurence as belonged
to the crown of Great Britain by force of the general rules of
fovereignty and propriety taking place between princes in fuch
cafes, nor the 6 leagues in breadth of that river granted by
the charter of king James \ on the contrary the dominion
claimed is cxprefsly bounded on the North by the river af
8t, Laurence^ goif^g along the South fide of it to cape Rojiers,

This claim, faving the iflands fpecially refer ved to France^
comprifed all the lands which under the name o^ Acadia were
in 1670 delivered up by Charles II to Lewis XIV, purfuant
to the treaty of Breda^ and no other lands ; neverthelefs the
French commifTaries by their memorial of the 21^ of September
1750 declared, " That it refulted from the treaty, i/t, That
*' Annapolis was not comprifed in the ancient limits of Acadia^
** which was alfo conformable to the moft ancient defer ip-
** tions of the country, and confequently ancient Acadia con-
*' tained only part of the peninfula of that name. 2dlyy That
** the ifland of Canfo being fituated in one of the mouths of
5* the gulph of St, Laurence belonged to France, Z^ly^ That
\h} Memorials of the Englifij commiflaries, &c. p. 7. 9.

" the

/(? //^^ A M E R I C A N F I S H E R Y, &c.

^* the limits between Nens:) England 2ind New France ought
" not to have undergone any change, and ought now to be
" what they were before the treaty of Utrecht^ which hath
" altered nothing in that refpedt," And by their memorial
of the ib'^^of November following they exprefs themfelves
thus. " The commiflaries of his Britannkk majefty having
** defired the commifTaries of the king to explain themfelves
" more precifely refpeding the ancient limits di Acadia^ the
*' faid commiflaries of the king declare that the ancient y^<:^^/<3:
** beginneth at the extremity of Baye Franqoife^ from cape St,
" Mary^ or cape Fourchu\ that it extendeth itfelf along the
" coafts, and terminateth at cape Canfo [/]."

Whereupon the Britijh commifTaries proceeded, and by a
feries of authentic, forcible, and proper evidence, with clear,
folid, and conclufive reafons, maintained the Britijh claim
againft all objedions, fully refuting the French pretenfions,
and fruftrating their manifold devices. The public being in
pofleflion of the BritiJJj proofs and arguments, with the pre-
tenfions of the French commifTaries, it may fuffice here to
fay that, contrary to the courfe of hiftorical and geographical
knowledge — to the mofl folemn tranfadions of the two
crowns, whereby the country oi Acadia as now claimed was
by the Englijh feveral times delivered up to the French^ — to
the exprefs adjudication and determination made by king
Charles II. at the inflance of France, with the fubfequent exe-
cution— to that notorious extended pofTeflion which ever
accompanied the French title when they held this country
under the name of Acadia — to the French declarations when
they attempted to enlarge the bounds of Acadia^ and make
a portion of New England pai t of it — to the aSla regia of
the French crown for the government of it when parcel of
their dominior — i id contrary to the plain fcnfe of the
Utrecht ticaty, and the order of the French king given for
yielding up this province to the queen of Great Britain, they
[ij Memorials of the Englijh commiiTaries, &c. p. lo, ii.

M attempted

8x

82

A. D.

A. D. 1-62

The Ancient IIight of the English Nation

attempted to reduce this extenfive country to that fmall part
of it which is defcribed in the annexed map. Thefe nego-
tiations proving unprofitable to Great Britain^ and the French
during their courfe continuing their violence, and ftrengthen-
ing their hold of this province, and moreover proceeding to
make frefli invafions of other parts of the Britijh territories,
refolutions vi^ere taken for effedually repeUing force w^ith
force. Thefe vigorous meafures u^ere followed by an open
war, the events whereof relative to the fiOiery confidered in
its largeft extent are (o recent and well known as to require
no particular mention. After many victories obtained by the
Britijh arms negotiations in order to a peace between the two
61. crowns commenced in March 1761, and continued to
September following, of which I (hall at prefent take no farther
notice than that on the 15'*^ o^ July France fuddenly departed
from the regular courfe of proceeding, and, inftead of confin-
ing herfelf to the proper objeds of confideration between the
two belligerant powers, attempted to negotiate with Great
Britain certain articles on behalf of Spain^ then in amity
with her, one whereof was, " The privilege for the Spanijb
** nation to fifh upon the banks of Newfoundlands' This
attempt, which was juftly refented, and the family convention
concluded between the kings of France and Spaiti upon the
15^^^ of Augufl following, with their fubfequent meafures,
have given to us and the Portuguefe a tafte of the fruit of the
Utrecht treaty ; to which may be added that at the time when
the fingle life fiandihg between the crown of Frafice and the
hereditary right of the king of Spain was in danger, and
a fucceflbr became the objedl of confideration, it was under-
ftood in France^ as I have been well informed, that in cafe
dea*:h infued, the king of Spain would afcend the throne with-
out oppofition, all the ftipulations contained in the Utrecht
treaty to the contrary notwithftanding.

On die 3'' day of November 1762 preliminary articles of
peace between his Britannic majefty, the moft Chrijiian king,

and

to de AMERICAN FISHERY, &c.

and the Catholic king, were figned at Fontainbkau^ con-
taining the following ceflions and ftipulations ; viz. article 2^.
" " His moft Chrifiian majefty renounces all pretenflons
" which he has heretofore formed, or might have formed,
** to N(wa Scotia or Acadia^ in all its parts, and guaranties
" the whole of it, with all its dependencies, to the king of
** Great Britain: moreover his moft Chrijlian majefty cedes
" and guaranties to his faid Britannic majefty, in full right,
** Canada^ with all its dependencies, as well as the ifland of
*' Cap Breton^ and all the other iflands in the gulf and river
*' of St, Laurence.^ without reftridion, and without any
" liberty to depart from this ceftion and guaranty, under any
*' pretence, or to trouble Great Britain in the pofteflions
" above-mentioned." — article 3^. " The fubjeds oi Frajtce
*' ftiall have the liberty of fiftiing and drying on a part of the
** coafts of the ifland oi Newfoundland, fuch as it is fpecified
*^ in the 13^^* article of the treaty of Utrecht; which article
** fhall be confirmed and renewed by the approaching defini-
** tive treaty (except what regards the ifland of Cap Breton^
" as well as the other iflands in the mouth and in the gulf
" of St. Laurence:) And his Britannic majefty contents to
" leave to the moft Chrijlian kings fubjeds the liberty to fifli
" in the gulf of St, Laurence^ on condition that the fub-
t* jeds of France do not exercife the faid fifliery but at the
** diftance of three leagues from all the coafts belonging to
" Great Britaifii as well thofe of the continent as thofc of the
" iflands fituated in the faid gulf of St, Laurefice, And as
" to what relates to the fifhery out of the faid gulf, his
" moft Chrijlian majeftys fubjeds fliall not exercife the fifliery
" but at the diftance of fifteen leagues from the coafls of the
** ifland of Cap Breton, — article 4'". " The king of Great
** Britain, cedes the iflands of St. Peter and of Mlquelon,
** in full right, to his moft Chrijlian majefty, to ferve as a
** fhelter for the Freftch fifhermen ; and his faid majefty
" obliges himfelf, on his royal word, not to fortify the faid

M 2 *' iflands ;

83

I

84 *^^ Anciemt Right of the English Nation

" iflands ; to ere61: no buildings there but merely for the con-
" veniency of the fifhery ; and to keep there only a guard of
" lifty men for the police." And,
A. r. 1763. On the 10'^ day of February following a definitive treaty
of peace between thefe monarchs was concluded at Paris, in
which the ceflions and ftipulations are thus exprefled ; viz.
article 4^''. " His moft Chriflian majefty renounces all pre-
** tendons which he has heretofore formed, or might form, to
" Nova Scotia or Acadia, in all its parts, and guaranties the
" whole of it, and with all its dependencies, to the king of
" Great Britain: Moreover his moft Chrijlian majefty cedes
" and guaranties to his faid Britannic majefty, in full right,
'' Caftada, with all its dependencies, as well as the iftand oiCape
" Breton, and all the other iflands and coafts in the gulf
" and river St, Laurence, and, in general, every thing that
" depends on the faid countries, lands, iflands, and coaft?,
" with the fovereignty, property, poflTeflion, and all rights ac-
" quired by treaty or otherwife, which the moft Chrijlian
" king, and the crown of France, have had till now over the
" faid countries, iflands, lands, places, coafts, and their in-
** habitants, fo that the moft Chrijlian king cedes and makes
" over the whole to the faid king, and to the crown of Great
" Britain, and that in the moft ample manner and lorm,
" without reftridion, and without any liberty to depart from
" the faid ceflion and guaranty, under any pretence, or to
'* difturb Great Britainm the pofleflions above mentioned" —
Article 5*''. " The fubjeds of France fliall have the liberty
*' of fifliing and drying on a part of the coafts of the ifland
" of Newfoundland, fuch as it is fpecified in the 13'^ article
" of the treaty of Utrecht', which article is renewed and
" confirmed by the prefent treaty (except what relates to the
" ifland of Cape Breton, as well as to the other iflands and
" coafts, in the mouth and in the gulf of St. Laurence:)
** And his Britannic majefty confents to leave to the fubjedts
" of the moft Chrijlian king the liberty of fifliing in the

gulf

C(

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to ^j[>e AMERICAS F I S H E R Y, 6cc.

** gulf Sf. Laurence^ on condition that the fubjeds of
" France do not exercife the faid fifhery but at the diftance
" of three leagues from all the coafts belonging to Great
*' Britain^ as well thofe of the continent as tho^s of the iflands
** iituated in the faid gulf St, Laurence^ And as to what
" relates to the fifhery on the coafts of the iiland of Cape
** Breton out of the faid gulf, the fubjedts of the moft Chrijlia?t
'' king {hall not be permitted to exercife the faid filhery but
*' at the diftance of fifteen leagues from the coafts of the ifland
*' oiCape Breton^ and the fifhery on the coafts of Nova Scotia
" or Acadia^ and every where elfe out of the faid gulf, fhall
"remain on the foot of the former treaties." — Article 6'^»
** The king of Great Britain cedes the iflands of St, Pierre
" and Miquelon^ in full right, to his moft Chriftian majefty,
'* to ferve as a fhelter to the French fifhermen: And his faid

moft Chriftian majefty engages not to fortify the faid

iflands ; to ered: no buildings upon them but merely for
** the convenience of the fiOiery ; and to keep upon them a
" guard of fifty men only for the police."

Confidering the nature and extent of the fifhery, and the
paft condndl of France^ too great care, in my poor opinion,
could not be taken to afcertain with precifion how far the
French fui ds fhould for the future partake of it; yet by
the laft meiiiber of the 3*^ preliminary article, containing thefe
words. " And a^ to what relates to the fifliery out of the faid
** gulf, his moft Chriftian majeftys fubjedls fhall not exercife the
*' fifhery i>ut at the diftanct of fifteen leagues from the coafts of
*' the illaiivl of Cap Breton, " ' Several valuable parts of the fifhery,
according to my kn^Q of fhe matter, were opened to the French
ftftjermen^ through inadvertence, I prefume, and in particular
ihe fifhery lying within thirty leagues diftance from the coafts
of iVca^a Scotia^ fecured to Great Britaiii by the treaty of
Utrecht, Better provifion has been made hei n by the 5'**
article of the treaty, which concludes with thefe words-.

And as to what relates to the fifhery on the coafts of the
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86 TZ^ Ancient Right of the English Nation

** ifland of Cape Breton out of the faid gulf, the fubjeds of
" the moft Chrifiian king fhall not be permitted to exercife
" the faid fifliery but at the diftance of fifteen leagues from the
" coafts of the ifland of Cape Breton^ and the fifhery on the
" coafts oiNova Scotia or Acadia^ and every where elfe out of
" the faid gulf, (hall remain on the foot of former treaties.'*
The exclufive fiftiery on the coafts of Nova Scotia is hereby
well fecured, together with that within fifteen leagues diftance
from the coafts of Cape Breton 'y but as to the fiftiery every
where elfe out of the gulf, which it is faid fliall remain on
the foot of former treaties, after confidering all the other
parts of the fiftiery lying out of the gulf, and the fuppofed
regulations thereof by former treaties, which are intended to
be continued for the future, for my part I do not know that
there are any former treaties fubfifting which comprife thefe
other parts of the fiftiery, and contain the regulations thereof
thus fuppofed.

With refpeil: to the iflands of St, Pater and Miquelon the
reader mav depend on the following account of them, with
their ftate at the negotiation of the treaty. " The ifland of
** St. Peter is above five leagues in circumference, in which
" there is but one harbour, where about 25 fail of fmall ftiips
*^ may ride in 34. fathom water. It is a barred harbour,
** with about 14 feet water at fpring tides; but in the road
"30 fliips of any draught of water may ride from 4 to 12
" fathom water. At prefent there are but from 30 to 40
" boats employed in that fiftiery, with eight vefliels, but
*' capable for carrying on the fiftiery with 300 boats; and
** the great advantage of the fiftiery at St. Peters is that the
" fifti are caught and cured much fooner there than on any
*' other part of the land [^], and confequently fit for an early
" market." -

[/^] The iQand of Newfoundland^ by merchants, failors and otliers con-
with the adjacent iflands, is commonly cerned there called, 'The Land,

*^ In

/•(? />5^ A M E R I C A N FISHERY, &c.

" In the ifland oi Miquelon there is no harbour, but a very
" good road in the north part of it, capable of riding 40 fail
** of (hips of any draught of water, and room for curing fi(h
" for 300 boats. It is a fine fpot of pafture ground for feed-
** ing and fattening of cattle, no land in England being
" fuperior to it — It is about ten leagues long, and about three
" or four miles broad on an average ; it has likewife the
*' advantage of carrying on an early fifliery. St. Peters lies
" about Weft, diftance twelve leagues from Le Chapeau
** Rouge^ the weftern part of Placentia bay, and about ^wc
** leagues from Cape May, the fouth eaft part o^ Fortune bay."

" From Miquelon head to the wefl:ern part of the bay of
" Fortune is about eight leagues, and lies diredly in the mouth
*' of i^jr/f///^ bay." -fr - i- «-■

" St> Peters and Miquelon thus fituated in the mouth of the
*^ bay of Fortuite are as it were calculated for carrying on a-
" clandeftine trade, which will in all human probability be
*^ the ruin of the fair traders."

" There are many fine harbours in the hay of Fortuney
" particularly harbour Britain^ where the whole navy of Eng-
land may ride in fafety, and where the fiOiery is now
carried on in fummer and winter with good fuccefs, and no
fhips can go in or out of this bay without being feen by
" the French in St. Peters, or Miquelon J'

To this it may be added that the ifland of St. Peter is
fituated at the North Weft point of the great bank of that
name, and Miquelon lies on the North Eaft fide of the widows
bank.

One of the defigns of France from the beginning of the
negotiation in 1761, I apprehend, was under pretence that
an ifland, or other port, was neceflary as a place of flielter for
the French veflels, that were to enjoy the liberty of fifliing
withiii certain limits to be afilgned, which liberty in its nature
was to be held in common with the Britip fubjedls, to ob-
tain not only an additional fifliery, but one that llould be

moreover

«7

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t(

t*

88 The Ancient Right of the English Nation

moreover wholly or chiefly exclufive, with ^he fovereignty and
propriety of fuch ifland, or port, put under as few reftridions
as pofTible. This deiign, I think, plainly appears in the
courfe of the negotiation contained in her Hiftorical Memo-
rial, compofed by the order of the king, figned, " Le Due de
Choifeul," and publiflied at Parts in that year; and for
the better underftanding of all the proceedings relating to the
fifhery in general, as well as to the point of flielter in parti-
cular, I fhall coUedt and infert from it fuch parts as refped:
this fubjed:. In the obfervations on the Britijh memorial of
the 17*** of 'June 1761, page 26, of the Englijh tranflation, it
is faid, " Before a memorial of propofltions was fent in form
** to the court oi Londoriy his majeftys minifter, entrufted to
" confer with Mr. Stanley^ gave him previous aflurances of
" the facrifices which his majefty had refolved to make. He
" authorized him to write word, that France would guaranty
" the pofleflion of Canada to England^ provided that England
" would reftore to the king the ifland of Cape Breton^ and
" confirm the right of the French to fifli, and dry their fifli,
" in the gulf of St. Laurence^ upon the coafl:, and in the
" ifland of Newfoundland, As the ifland of Cape Breton^ if
" fortified, might afford England matter of jealoufy, the
** French minifter told Mx, Stanley that the king engaged to
" deftroy all the fortifications wh^ich might remain in that
" ifland, and not to eredt any new ones upon any pretence
" whatever, the port of Louifbourg being to be confidered
" only as a flicker for the fifliermen in the gulf of St, Lau-
" rencey and on the coaft of Newfoundland,'^ — and a little
after, " The anfwer from England arrived the 30'^ June,
** Mr. Stanley had a conference with the duke de Choifeul
** refpeding this anfwer; and in the courfe of that conference
" he ftarted three difficulties on the part of his court. The
'* firft concerned Cape Breton, England abfolutcly rcfufed
** to cede that ifland to France^ even upon the condition that
** 110 m.ilitary eftablifliment whatever fhould be kept on foot

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** there. Mr. Stanley intimated, that his court had no in-
tention of reftoring any ifland or port in the gulf of St,
Laurence^ or within reach of that gulf. He added that
** England would make no difficulty of allowing the liberty
of fifhing and drying the fifh on the (hores of Newfound-
' /and; but that this would be granted on condition that
Dunkirk was demoliflied, as it was ftipulated to have been
" by the treaty o( Utrecht.'* — and Page 27. ** The liberty
*' of fifliing, and the fhelter without fortifications, was the
" compenfation for the ceflion of all Canada, and of the
'* guaranty which France offered to make to England of that
" confiderable part of North America^* The French me-
morial of the 15'^ of y^!^^ contains the following demand,''
page 29, " Fourthly, that the liberty of fifliing, and of dry-
" ing their cod-fifh on the banks of Newfoundlandy may be
•' confirmed to the French as heretofore: and as this con-
** firmation would be illufory if the French veflels had not a
** fhelter in thofe parts appertaining to their nation, the king
** of Great Britaift, in confideration of the guaranty of his
*' new conquefts, fhail reftore IJle Royal , or Cape Breton, to be
" enjoyed by France in entire fovereignty. It is agreed to
*' fix a value on this reftitution, that France (hall not, under
** any denomination whatever, ere6t any fortifications on the
*' ifland, and fhall confine herfelf to maintain civil cftablifli-
" ment there, and the port for the convenience of the fifhing
" veflels landing there." In " The anfwer of the Britijh
<^ court to the memorial of French propofitions, 29'^ July
*' 1 761," and called " A paper of articles to be delivered to
" Mr. Stanley as the definitive propofitions from the court of
«' Great Britain^'' the firfl: article runs thus, page 37. " His
<* Britannic majefty will never recede from the entire and total
«' ceflion on the part of Fra?ice, without any new limits, or any
«* exception whatever, of all Canada and its appurtenances ;
*« and his majefty will never relax with regard to the full and
" com pleat ceilion on the part of Fra?jce^ of the ifle oi Caps

N Breton,

89

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go The Ancient Right of the English Nation

" "Breton^ and of all the other iflands in the gulf or in the
river of 6*/. Laurence^ with the right of fiihing which is in-
feparably incident to the poffeflion of the aforefaid coafts,
and of the canals or ftreights which lead ta them." And
the fourth declares, " Du?ikirk fhall be reduced to the con-
** dition in which it ought to have been after the treaty of
" Utrechty without which no peace can be concluded ; and
** upon that condition only can his majefty ever confent to
" enter on thf confideration of the demand which France
" has made, viz. The reflitution of the privilege granted by
" the thirteenth article of the faid treaty, with certain limi-
" tations, and under certain reftridlionSj for the fubjeds of
*' FraKce to fi{h and dry their fifli on part of the banks of
" Newfoundla7idy It is obferved in the Hiftorical Memorial,
page 39, that, ** The firft article of this fketch entirely de-
'* prived the Fre?jcb of the liberty of fifhing for cod; and the
" demolition of Dunkirk required in the ^^ article only re-
** ftored this liberty in part, with certain limitations, and under
" cerjtain reflridlions which were not explain-^d." The firft
article of the " Ultimatum of France in reply tc that of Eng-
" land of 5**' cA Auguft^ 1761, which was remitted to the
" duke de Choifeul by Mr. Stanley ^ contains the followincr
** words, page 40, — With regard to the fifhery in the gulf of
" St. Laurence the king means to maintain the immemorial
" right which his fubjedts have of fifhing in the faid gulf, and
'* of drying their fifii on the banks of Newfoundland^ as it
** was agreed by the treaty of Utrecht. As this privilege
" would be granted in vain if the French veflels had not fome
" fhelter appertaining to France in the gulf, his majefty pro-
" pofcd to the king of Great Britain the reftitution of the
" ifland o^Cape Breton\ he again propofes either that ifland,
** or St. John^ or fuch other port, without fortification, in the
" gulf, or within reach of the gulf, which may ferve the French
" as a ftielter, and fecure to France the liberty of fiftiing,
" from whence his majefty has no intention to recede." And

v.'/,

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in the 4^'' article, page 41, it is faid, " According to the
" trea»:y of Utrecht^ the demolition o^ Dunkirk was not aflented
** to as a rompenfation for the liberty of drying codfifli on
** the bankj o{ Newfoundland^ it is the ceflion oi Newfound-
** land on the part q{ France which is the ground of that
*' compenfation : but the king to teftify to 2^ Europe his (in-
** cere defirc of peace, and to remove all obftacles which the
*' enemies to peace may throw in the way, authorizes his
** miniftcr at London to negotiate concerning the llate of
** Dunkirk^ fo foon as a convenient port fhall be agreed upon
*' in the gulf of St. Laurence^ or within reach of the gulf,
" which fhall be ceded to France^ to ferve as a ihelter for her
** iifhing veflels."

In the Hittorical Memorial, page 46, it is obferved that
*' The king ordered M. Buffy by the inftrudions which were
** fent to him with the Ultimatum^ to agree to the ceflion of
■*' Canada in the full extent which England defired it, fo that
** the fifliery on the coaft and in the gulf of St, Laurence was
*' maintained to France^ and that England would appoint a
** port in that part which might be fubjeiSi to the fovereignty
** of his majefty, and ferve th^ French iifhermen for a fhelter.—
** and his majefty made the facrifice of Dunkirk in compen-
" fation of the fecurity of fiftiing in the gulf of aSV. Laurence
** in favour of his fubjeds." Mr. Pitt in his letter to M.
Bufjy^ Augufl 15*, page 48, fays — ** it belongs therefore,
*' Sir, to Europe to judge whether this is the court which has
" fliewn an averfion to peace, or whether it is not that which
" after fo many variations and delays on her part arbitrarily
" continues to infift on objeds in America which we have a
" right to by the Uti pojftdetisy and which would make a direcSt
** attempt on the eflential rights of our conquefts of Canada
" and its appurtenances in the gulf of St, Laurence.'"' In
**The anfwer of England to the Ultimatum of France, re-
" ceived the i^ of September,'' it is faid in the firft article,
page 50. " The king will not defert his claim to the entire

N 2 " and

91

wr

92 'T/je Ancient Right of the English Nation"

•* and total ceflion of all Canada and its dependencies, witli-
*' out any new limits or exceptions whatever ; and likewife
" infifts on the compleat ceflion of the ifland of Cape Breton^
** and of the other iflands in the gulf and river oiSi, Laurencer
The fourth article, page 51, is thus exprefled, " The im-
" portant privilege granted by the ij*'^ article of the treaty
** of Utrecht under certain limitations and reftridions to the
** fubjedls of France for fifliing and drying their codfifh on a
" certain part of the banks oi Newfoundland has not been
" refufed by Great Britain^ but connected with a reciprocal
*' fatisfadtion on the part of France with regard to the indif-
*' penfable object of Dunkirk^ which the king has required,.
*' and Itill requires : it is therefore on condition that the town
** and port of Dunkirk fliall be put in the condition it ought
" to have been in by the laft treaty o{ Aix la Chapelle^ that
** his majefly confents to renew to France the privilege of
** £(hing and of drying their fifli by virtue of the treaty of
" Utrecht upon the aforefaid dillridl of Newfoundland,

*' As to the demand which his rhoft Chriflian majefty has
** flirther made, that his fubjeds may fifh in the gulf of Ay/".
*' Laurence i as alfo to have a port there without fortifications y.
" and fubjed to the infpedlion oi England^ as propofed on the
•' part of the duke de Choifeul in his conferences with Mr.
*' Stanley on that head, which port fhould merely ferve as a
*' iTielter to the fifhing boats of the French nation which iliall
*' land there; the king to manifeft to his moft Chriflian ma-
** jefly, and to the whole world the fincerity of his intentions
with regard to peace, will confent,"

I. '* To grant the French fubjeds the privilege of fifliing
in the gulf of -5*/. Laurence upon this exprefs condition, that
is to fay; that the faid French fubjeds fliall abfl:ain from
that particular fifliery on all the coafts appertaining to Great
Britain^ whether on the continent or on the iflands fltuated
in the faid gulf of St. Laurertce^ which fifliery the pro-
prietors only of the faid coafls have conftantly enjoyed and

" always

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** always exercifecl; faving always the privilege granted by
" the 13''' article of the treaty of Utrecht to the fubjefts of
*' France^ to fidi and dry their codfiOi on a part fpecified on
*' the banks of Newfoundland^ which privilege is propofed to
*' be renewed to France as aforefaid.'* =

2. " The king will confent to cede to his majefty the ifle
** of St, Pierre with its port, which ifle with refpe(5t to that
" part of Newfoundland fituate between the bay of Placentia
" and the bay of La Fortune^ (lands eaft fouth eafi:, and its
•' port opens towards the north eafl:, the interior part of which
*' port is called liourgway\ the ifle o^ St, Pierre^ which the
•' king is willing to cede, is divided by a litde ftreight from.
'* another ifland known by the name of Maquelon^ or of
" Michelon^ which lies to the north of the faid ifle of St,
" Pierre^^ - . . .>

" Tathe ceflion of the faid ifle, as above mentioned, his
*' majefty annexes four indifpenfable conditions."

I. " That France^ on no pretence, nor under any denomi-
** nation whatever, fliall eredi any fortifications, either in the
" faid ifle, or in its port, and that flie fliall not keep any
** troops there, nor maintain any military eftahlifliment what-

n

" ever.

2. " That the faid ifle and the faid port fhall only ferve as
** a flicker for the fifliing veflTels of the French nation, and
" that France fliall not fuffer the vefl!els of any other nation
" whatever to partake of the convenience of this flicker for
** the fifliing boats."

3. That the pofl^fllon of the ifle oiSt. Pierre as aforefaid,
** fliall not be conftrued in any cafe to confer, tranfmit, or
" participate in any manner whatever the leaft right or power
" of fifliing, or of drying codfifli, in any part of the coaft of
*' Newfoundland beyond the diftriift exprefsly ftipulated and
" fixed for that purpofe by the 13'^ article of the treaty of
*^ Utrecht^ that is to fay, a loco Cap Bonavifta nuncupatOy ufque
" ad extremiiatem ejufdem infulce feptentrionalem^ indeque ad

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4. '' That in virtue of the ceflion of the faid ifland as afore-
** faid an Englijh commiflary fhall be allowed to refide there,
and the commander of the Eritijh fquadron at Newfoundland
(hall be at liberty from time to time to infpe<5i: the faid ifle
and the faid port, to fee that the ftipulations above exprefled
are pundtually obferved.'* The fourth article of ** The
laft memorial of France to the anfwer of England^ September
9*'','* contains the following paflages, page 56. " The
fourth article of the anfwer includes variety of objeds, each
** of which requires a particular explanation.**

" England always endeavours to connedl the liberty of fiili-
** ing, and of drying the fifh on part of the coaft oi New-
*^ foundland, granted by the fifteenth [/] article of the treaty
of Utrecht^ with the ninth article of the fame treaty, which
fbipulates the demolition of Dunkirk ; it is given in anfwer
to England ^ov the fourth and laft time, that thofe two
ftipulations of the treaty of Utrecht have nothing in com-
mon between them, unlefs that they are both comprized in
** the faid treaty, and that the conceflion exprefled in favour
" of the French in the thirteenth article of that treaty is a
** compeiiiation for the ceftion of Newfoundland and Anna-
*' polls Royal^ made on the part of France to England by the
" twelfth and thirteenth articles of the fame treaty." And,
page 57.

*' As to the fifliery and the drying of fifti on the banks of
" Newfoundland^ the king requires that the thirteenth article
** of the treaty of Utrecht be confirmed by the prefent treaty."
" Concerning the condition propofed by E?iglandy with
** refped to the liberty of fiftiing in the gulf of aS*/. Laurence
" France agTQes^ that beyond the port o{ Newfoundland fpeci-
** fied by the thirteenth article of the treaty of Utrecht, the

[/] By mifprint, or other evident mentioned inftead of the thirteenth,
tmiftake, the fifteenth article is here

• *' French

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French (unlefs in cafe of accidents) cannot land on tlie coafts
appertaining to the Englijh in the guJf of St, Laurence^
whether to dry their iifh, or to fpread their nets on the faid
coafts; but without thefe two exceptions the French (hall
be at liberty to firti, without moleftation, in all parts of the
faid gulf of St, Laurence'^

" With refpe6b to the ceffion of the ifland of *SV. Pierre, the
fmallnefs of that ifland, and its fituation near Plaifanccy
make the king of opinion that fuch a fhelter will be illufory,
and will rather ferve to breed contefts between the two na-
tions, than to procure the accommodations for the fifhery of
the French fubjeds.'*

*' The king had required the ifle of Cafe Breton, or the
ifland of St, yohn ; his majefty had even reftrained him-
felf to the little ifland of Conceau, and now makes the fame
proportion to his Britannic majefty ; or if the king of
England, for reafons unknown to France, cannot agree to
the ceflion of the ifle oiConceau, it is propofed to add to the
cefllon of St, Pierre the ifland of Maquelon or Michelon, two
iflands, of which one, which is St, Pierre, is but three
leagues wide, and Michelon but two. However inconfider-
able thefe two fettlements may be, which do not properly
make one, the king will accept of them, and will even ob-
lige himfelf, i. That neither in one or the other ifland, or
in x}ci'3X. o{ Gonceau, \i England q.^^^% the latter, there fliallbe
any military eftablifliment ; France will only maintain a
guard of fifty men to enforce the police, which it will be
neceflTary to maintain in thofe iflands."

2. ** As far as poflible, confidering the weak guard of the
police, the king will prevent all foreign vefiels, even EngliJJjy
from landing at thofe iflands."

3. *' France does not pretend to ^^. and dry their fifli on
the coaft of Newfoundland, but in purfuance of the ftipula-
tion of the 13*^ article of the treaty of Utrecht, provided it

** be

9S>

^ ^/ Tie Ancient Right of the English Nation

** be underftood that the French may fifli and dry their fifK
** on the coafts oi St, Pierre and Mkhelon^

4. " Laftly the king allows that an Englijh commiflary
** (hall be refidcnt in the faid ifland, to be witnefs to the
*^ punduality with which the ftipulated condition of the treaty
** (hall be obferved."

The next ftep taken by the Britijh court after receiving
this memorial was to recall Mr. Stanley^ who made the appli-
cation neceffary for his return on the 20'^.

In the Hiftorical Memorial, page 59, it is faid, " They [the
French^ *' agreed that the liberty of iifhing in the gulf of iS*/.
** Laurence^ and upon the banks and coafts oi Newfoundland^
" fhould be the compenfation for the demolition oi Dunkirk,
*' They accepted the ceflion of the ifle of St, Pierre on con-
" ditions more than burthenfome: the union of Michelo?i to
" St, Pierre was of the leaft confequence, and the duke de
*' Choifeid ^VQv\ afTured Mr. Stanley that fuch a ceflion would
*' not be infifted on."

*' It is true the kin^ rejeded the infpedion of the EngliJJj
*' admiral, and that his majefty was refolved rather to retufa
" the pofleflion of St. Pierre, than to agree to fuch an in-
*' fpe<3:ion, wliich was ufelefs for the maintaining the ftipula-
" tion of the treaty, and injurious to the dignity of the French
" nation, as that condition feemed to be propofed only with a
** " view to manifeft, on the part of England^ an ill timed fupe-
** riority." Laftly, in the 62^ page it is faid, " His majefty
** propofed that the right of fifliing and of drying their fifti on
• " the coaft and on the banks of Newfoundland fhould be
*' confirmed to Fra?tce^ and on that condition fhe confented to
'* the demolition of Dunkirk"

From thefe extracfts, whereby the whole negotiation touch-
ing the fifhery may be feen at one view, it appears tint the
fifhery on the northern part of Newfoundland^ extending from
cape Bonavifla on the eaftern fide, and point Riche on the
weftern, to the northernmoft point of the ifland, granted to

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France by the Utrecht treaty, and the fifhery in the gulf in
general, were the only fiiheries which Frame demanded
during the courfe of the negotiation, from its commence-
ment to the delivery of her laft memorial. This, 1 conceive,
is worthy of particular notice — That for the fake of thefe two
fifheries the flielter was during this courfe demanded and in-
fifted on, as neceffary to their enjoyment — That France
having prefled this neceflity, by the anfwer of England to the
ultimatum of France^ his Britannic majefty confented to cede
to the French king the ifland of St, Peter^ with its port, for
that purpofe, upon certain exprefs and indifpenfabic con-
ditions, containing apt and efFedtual provifion for confining
this ifland with its port at ail times to the fole ufe of the
fhelter demanded — That France hereupon, by her next and
laft memorial, neither accepted the offer made to her, nor con-
fined herfelf to the point of fhelter ; but after objeding to
the fmallnefs of the ifland of St, Peter^ not to its port, and
to its fituation with refpedt to Placentia^ and mentioning her
propofals of other iflands, propofed to add to the ceflion of
St* Peter the ifland of Miquelon: then fpeaking of thefe
iflands as two inconfiderable yt'///^w^«/j, declares that fhe will
accept of them ; and afterwards, that (he " does not pretend
** to fifli and dry their fifli on the coaft oi Newfoundland^ but
" in purfuance of the flipulation of the 13'^ article of the
** treaty of Utrecht ^ provided it be underftood that the French
** may fifli and dry their fifli on the coafts of St, Pierre and
** Michekn^ So that France now, departing from the tenor
and fpirit of all the prior negotiation, propofed to obtain two
iflands for two fettlements, and two fiflieries to be carried on
upon thefe iflands, inftead of one fhelter or port, to which her
fifliing veflels employed in the two aforefaid fifiieric j demand-
ed in the preceding parts of the negotiation m^ght retire in
cafe of need.

For the better underftanding the point of flielter, with the
degree of its neceflity, it may be confldered, that the fifliery

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l%e Ancient Right of the English Nation

was carried on at Newfoundland many years before any fettle-'
ment was made there — that by the law of humanity or natural-
juftice, ever chearfully obferved by the Britifh government,
the veftls belonging to the fubjedts of any prince in amity,..
when in diftrefs, have a right to come into the Britifh ports
for fafety and fuccour — that the fifhery on the north part of
Newfoundla?2d^ granted to France by the treaty of Utrecht, is
the fole firhery for which fhelter, by the French memorial of
the 15^^ of July i^jdi^ was required. By this fifhery France
has been chiefly enabled to fupply foreign markets ; and with
regard to the fhelter pretended to be neceflary to it, it may
be confidered, that all the fifh, whether caught by boats or
large veflels, is dried, cured and prepared to be fhiped in
harbours or bottoms of deep bays, which are in themfelves
places of flicker to the fifhing veflels— that by the treaty the
fubjeds of France were not to refort to the ifland of NeW'
foundland beyond the time neceffary for fifhing and drying
of fifh — that cape Bonavifla lies at the diftance of about 483
miles from the harbour of Louijbourg in Cape Breton^ the
ifland propofed by this memorial as a place of fhelter for this
iiihery, and point Riche lies at the diflance of about 342 miles
from the fame harbour — that the iflands of St» John and
Canfo lye at flill farther diftances. And with refped to the
fifhery in the gulf, which was to be allowed to France^ for
the fake whereof fhelter was alfo demanded, it may be ob-
ferved that as all the iflands and lands in and near the gulf
were to be retained by Great Britain^ the iifh caught there by
the Frefich fubjeds, in order to be dried and cured, of necefTity
was to be carried to fome of thofe harbours in Newfoundland,
to the ufe whereof they had good right by the Utrecht treaty- •-
that from the nature of this fifhery, and its connexion with
the other, their annual duration mufl be the fame — that the
mbft defirable place of fhelter for the French vefTels fifliing in
the gulf, if attainable, mufl be fuch harbour in Newfoundland
as they made ufe of lor curing their fifl., this being the feat

of

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fo /.5^ A M E R I C A N FISHERY, &c.

t)f their connections during the fifhing feafon, and where they
might unlade, in order to be cured, fuch quantity of fifli as
they (hould have on board when compelled to feek fhelter,
whereas upon their going to any of the iflands propofed by
France for fhelter, fuch iiland according to the negotiation
being to be confined to the fole ufe of fhelter, they could not
there unlade their fifh, and have it dried and cured, but in
courfe muft afterwards carry it to the harbour where they
carried their other fifh, and put it like wife into the hands of
their fliore men to be cured — that neverthelefs in fome cafes
the French veflels fifliing in the gulf might be obliged to bear
away to the fouthward for fhelter, and . fuch cafe a port
wherein they could be ailifted by their countrymen might be
more defirable than a Britijh pui t ; but confidering that the
fifliery upon the coafts of the iflands and of the continent was
to be retained by Great Britain^ as well as the lands, and that
there are but few fifhing banks in the gulf, and thofe not
krge, it appears to me that the veflels who fhould have fought
fhelter in any of the places propofed, where they could find
nothing elfe, would not have been many ; and I am inclined
to think that if the ifland of St, Peter had been accepted
upon the conditions annexed the BritiJJj commiflTary during a
whole fifhing feafon would have feen but few veflels come
thither out of the gulf for flielter, and not one from the fifliery
on the northern part of Newfoundlands and it is to be ob-
ferved that France made no objedion to the fituation of this
ifland with refpeCl to either of thefe fiflieries. As to her
gbjedion to the fmallnefs of the ifland it appears to me ut-
terly groundlefs, confidering that what was to be granted to
her was a port for mere flicker, and the objedion to its uear-
nefs to Placentia^ whicn flie in no wife explains or enforces,
I cannot difcover any foundation for. And furthermore let
it be remembred that although Fran^ by her laft memorial
" allowed that an Englijh commiflary fliould be refidcnt in
*' the laid ifland, to be witnefs to the pundluaUty with wliich

O 2 *' the

99

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mmm

100 7%e Ancient Right of t6e English Nation

** the ftipulated condition of the treaty (hould be obferved,**
yet by her Hiftorical Memorial it is declared that the king re-
jeded the infpedlion of the Englijh admiral, and that his
majelty was refolved rather to refufe the pofleflion of St,
Pierre than to agree to fuch an infpedtion, thereby plainly
enervating her former pretenfions, that a port of fhelter was fo
neceffary to her enjoyment of the liberty of filhing that the
giant thereof would be illufory without it ; and it is alfo to
be remembred that in the Hiftorical Memorial it is further
declared by France that, ** the union of Miquelon to St, Pierre
" was of the leaft confequence, and the duke de Choifeul ^v^Xk
*' aflfured Mr. Stanley that fuch a ceflion would not be infift-
** ed on" — For my own part, after giving the beft confidera-
tion in my power to every thing that has occurred to me-
relating to this matter, I have not been able to diTcern the
fufficiency of the reafon for granting the fovereignty and pro»-
perty of the port of (helter which was to be enjoyed by France-
together with, and for the fake of the liberty of fifhing in
other places, that is, in other words, why the principal, the
liberty of fifhing, fliould draw after it an accefibry or atten-
dant of fo far fuperior and nobler a nature as that of fove-
reignty with propriety, and why granting the ufe of a par-
ticular port, which feems more analogous to the liberty of
fifliing, fliould not in the nature and reafon of the cafe
fuffice.

The nature operation and effeds of the ceflion of the
iflands of St. Peter and Miquelon made to France by the flxth
article of the treaty come next in courfe to be confidered,
but of, which I find myfelf unable to fpeak with defirable
certainty; neverthelefs I fliall briefly obferve, That thefe
iilands are ceded m full right '^ wherefore the queftion is how
far their ufe, and the rights appertaining to the dominion
and property thereby acquired, are reft rained by the fubfe-
, quent matter — That this ceflion is accompanied with an ex-
prefs declaration that they are ** to ferve as a flielter to the

" French

li 'V1

to de AMERICAN F I S H E R Y, &c.
** French fifliermen.'* Whatever the force of thefe words
may be confidered in other relpedts they do not, I conceive,
amount to a condition that no other ufe fhall be made of
thele iilands ; and whether their force confidered apart be fuch
that the ample nature of the ceflion is thereby contraded,
limited, and wholly reftrained to the purpofe of flielter, as
they contain no exprefs reftridion thereof to this fole ufe, I
fhould leave to abler judges, in cafe the matter entirely refted
here ; but it is evident that the operation and effed of the
ceflion is not wholly to be determined by the words ufed on
the part of Great Britain^ without taking into confideration
the French kings engagement hereupon, the minds of both
parties being united in each flipulation. The engagement is
thus exprefled, ** And his faid moft Chrtjlian majefty engages
** not to fortify the faid iflands ; to ere^ no buildings upon
" them, but merely for the convenience of the fifliery; and
*' to keep upon them a guard of fifty men only for the
** police ;" fo that inflead of being applied to the fole ufe of
Jhelter for the French Jifier men ^ it is now declared thefe iflands
are to ferve as a convenience for x\\€\x fijhery^ whereby their ufe
is fo far enlarged that I fhall not take upon me to mark its
limits — That the ceflion of them being made in perpetuity a
perpetual and effedual fecurity touching their future ftate
and ufe feems very defirable — That this ceflion is accom-
panied with no exprefs provifion that an Englijh commifTary
fhall refide on each or either of the faid iflands, or that the
commander of the EngliJI:> fquadron at Newfoundland (hdW be
at liberty from time to time to infpe£l them, to fee that the
llipulations are pundually obfcrved, nor any other mean of
information provided for that purpofe ; wherefore I fhall more
largely conflder the French kings engagement whereon fo
great dependance is placed. His rnofl Chrtjlian majefty, I
prefume, is a man of honour, and confequently intended to
fulfil his engagement when he entered into it; neverthelefs
I can eaflly conceive that even during his time thefe iflands

4 "^ay

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102 The Ancient Right <of the English Nation

may not be continued in their proper ftate and ufe, conform-
able to the intent of the cefTion, when I confider the conduit
of courts in general, and o{ France in particular. With re-
fped to the former, all hiflory proves that princes are frequently
attended, and fometimes furrounded, by thofe who ufe every
mean their imaginations can fugged to induce them to look
at one or more, many or all, political objeds through the falfe
medium prepared for them with the greatefl: art and dexterity,
whereby delufion often taking place of convidion their beft
intentions are rendered abortive, and different neafures are
adopted ; and what Flavins Vopifcus faid of the Roman em-
perors in his time is not to be confined to any particular age
or country, viz, " Four or five meet and confult together
" how they fhall deceive the emperour : they declare what is to
be approved. The emperour, who is fhut up at home,
knows not the truth, his knowledge is wholly confined to
** their information; he appoints unfit perfons to be judges,
** and removeth from the fervice of the commonwealth thofe
** who ought to be retained. In fliort, as Dioclefian faid,
** iToe good^ the wary^ the mojl excellent emperour is fold [?»].**
And in cafe of the future improper ftate or ufe of thefe iflands,
the facfls may be unknown to his moft Chriftian majefty, or
mifreprefented to him ; or fome groundlefs pretence of wrongs
done by the Englijh fet up as an excufe or equivalent, or
other reafons of ftate devifed for the continuance thereof:
but, to proceed to more certain matter, the paft conduifl of
France, which will beft enable us to judge of the future, the
treaty of Paris cannot, I prefume, be held more obligatory
than the treaty of Utrecht was, yet the manifold grofs viola-
tions of the latter compelled us to enter into a war, which

((

XI

[m] Calligunt fe quatuor vel quin-
que, atque unum confilium ad deci-
piendum imperatorem capiunt: dicunt
quid probandum fit. Imperator, qui
domi claufus eft, vera non novit :
cogitur hoc tantum fcire quod illi lo-

«

quuntur: facit judices quos fieri noa
oportet, amovet a republica quos de™
bebat obtinere. Qiiid multa? ut
Diocletianus ipfe dicebat, Bcnus^ caufusy
optimus vendiiur imperator.

Vopifcus in Aureliano.

for

:h

/o r/55 A M E R I C A N F I S H E R Y, &c.

iov fome time was attended with fb great difafters and dangers
that it appears to me not unfit to be had in remembrance,
in order to our future guidance and fafety, as well as jufticc
to thofe who refcued us from a ftate of diftrefs, and raifed
us to a ftate of glory. And after fo general to mention a
particular affair, I remember that when one of the moft
flagrant ads of hoftility was committed in N(fva Scotia^ during
the peace preceding the late war, if peace can be faid to fubfilt
with fuch hoftilities, Mr. Pufyeux declared upon his word,
not as a minifter, but as a man of honour, that they had'
given no orders for this proceeding; neverthelefs France
availed herfelf of the advantage gained by this outrage — That
the attempts of France to explain away in effeft her ceflion*
of Nova Scotia y with their confequences, rendered it very
defirable that her future ftipulations fhould be exprefled in
the moft clear, forcible, and precife terms ; yet there is no
exprefs ftipulation on the part of France that the iflands
ceded (hall in all future times continue in the ftate and con-
dition agreed upon, and be ufed for convenience of the filTiery
only, which with proper means of information touching their
continual ftate and ufe might poflibly have fervcd hereafter*
to prevent fuch evafive and illufory meafures as we?e de-
vifed and prad:ifed by the French politicians reipediDg Nova'
Scotia,

There is an important queftion ftill remaining, that is what
rights of fiftiing the French have acquired by the ceflion of
St, Peter and Miquelon^ the folution whereof I fhall leave to-
others, after obferving that according to my fenfe of the
matter they certainly have no right in the fiOiery lying ofF
the South fide of the iftand of Newfoundland^ faving what
they may have obtained by their being placed there by this
ccflion.

I have the pleafure to inform the reader that in confe-
quenee of breaking up the French fiftiery by the late wars
the Englijh fiftiery has greatly encreafed, and while writing

this

1G3

w

' i

104

The Ancient Right of the English Nation

this have been affured that the colonies have lately employed
in it 5000 men, and been informed, though vtrith lefs cer-
^tainty, that the number of other Britijh fubjeAs lately em-
ployed amounted to 20000 at leaft: but I muft proceed to
mention an unpleafing fa(9:, which is that a fcarcity of fifli
has of late years taken place in fbme parts of the fifhing
grounds. Peter Martyr fays that Sebajlian Cabot found in
the feas about the country which he named Baccalaos fo great
multitudes of big fifhes called by that name by the inhabi-
tants, that they fometimes ftayed his fhips, whereas ^(ti on
feveral banks whereon many Englijh veflels ufed annually in
times paft to catch their fares of late years have been fo fcarce
that the fiQiermen have quitted them, and gone to other
fifhing banks. The confequence of feveral parts of the
pafture becoming bare, and of fo many French fifliermen now
coming into it, I leave to time and the opinion of others.
The bed expedient for prefer ving a plentiful and perpetual
fupply for Europe from this fifhery that I have heard men-
tioned would be to prevent all perfons from catching fifh
in the fpawning time. A gentleman lately informed me
that in the war which began in 1744 he bought a French
prize fifliing veffel, on board of which were 20 tuns of fpawn,
or more, the intended ufe whereof was unknown to him ;
and it need not be faid that in cafe this fifliery had happily
remained entire to its original owners the expedient af-^re-
mentioned, or any other, might have been ufed with greater
eafe.

All perfons folicitous for the advancement of the common-
weal with one confent declare that a proper plan of public
conduct, formed with wifdom, comprehenfion and forefight,
and fuited to the nature and condition of a ftate, and its rela-
tion to others, with fuch fubfequent alterations as fpecial oc-
cafions require, is eflential to its lafting welfare. The noble
figure which the American fifhery entire would have made
in the plan of a naval empire is more fit for the conception

of

'*^

(►

foth AMERICAN F I S H E R Y, &c. 105 1||

<of others than the pove^-ty of my dcTcription — And thus
Slaving fet forth the original right of the EngUJh nation to the
•whole, with itsfeveral diminutions, ftating the fatSls plainly as
they came to my knowledge, and making in paflage ibme
few ubfervations, which a regard for truth, juftice, or the
public welfare would not permit me to with-hold, I fhall
leave the merits and xlemerits of the perfons concerned in the ,

acquifition, prefervation or diminution of this invaluable
public treafure to the determination of others, before quitting
my fubjed only faying that when together with the preceding
matters I confider that fea force conlifts chiefly of feamen,
and how large a part of the failors fighting the Frejtch fleets
in paft wars were raifed up by this fifliery, and what numbers
of gallant Britijh officers and excellent feamen have loft their
lives by means of forces drawn from the proper EngUJh foun-
tains, and what numbers will hereafter in the courfe of human
affairs lofe their lives by the fame means, for caufes will pro-
duce their effects, I cannot forbear recolledting that the eagles
grief was encreafed on her finding that fhe was (hot with an
arrow feathered from her own wing ; and that my cordial
wiflies for the future happy fortunes of my prince and country
are accompanied with concern that after obtaining fo many
important vidories, whereby the enemy was fo far enfeebled
and difarmed, and the iburces of her commerce and naval
ftrength brought into our poflTefllon, there fliould be prevailing
reafons for putting into her hands fo large a portion of this
great fountain of maritime power.

#

Pag.

45-

48.
56.

7'-

ERRATA.

lin.

4. dele the comma
17. readf in conlequence of pique
22. Put afulljlop injitadofa comma qfttr Minu
28. rtadi coBipanys.

#

''m