Whereas we think fit that the Ship, you command shall proceed forth with to Newfoundland with such Ships & Vessels, belonging to the several Ports named in the Margin, 2 as may be assembled at Plymouth with a view of proceeding to that Island for the ensuing Fishery. And that she shall be afterwards employed on a part of the Coast of the said Island for the protec-. tion of the Fisheries carrying on there, and to endeavour to take or destroy any of the Ships or Vessels belonging to the associated Colonies of No America which may be found in those parts; You are hereby required & directed to make enquiry at Plymouth for all Ships & Vessels bound to Newfoundland & taking such of them whose Masters may be ready & willing to accompany you, under your Convoy, make the best of your way with them towards that Island; passing over the Grand Bank in the Lat. of 46° 30', And having left there such of the said Ships & Vessels as may be desirous of commencing their Fisheries, And taken destroyed or driven away any Ships or Vessels belonging to the abovementioned Colonies, which may happen to be in the Bank either for the purpose of Fishing or Trading or annoying & disturbing the Fishery, You are to endeavour to make the Land about Cape Race, and then to run upto the Northward as high as St John's calling at the several Ports on that part of the Coast & seeing the remainder of your Convoy iu safety as far as your way & theirs may be together; And having so don.: you are to continue Cruizing between St John's & Cape Race using your utmost diligence to protect & defend the Fisheries carrying on by His Majts Subjects within that Station, & to take or destroy any Ships or Vessels belonging to the aforesaid associated 3 Colonies or any other piratical Ships or Vessels which may be found within the above Limits or in the Neighbourhood thereof: And in the execution of that Service, You are to observe the following Instructions until such time as you shall receive others from Vice Adml. Montagu, or the Commander in Chief of the Squadron of His Majts Ships intended to be employed this Year at & about Newfoundland. Vizt
1st You are agreable to an Act of Parliament of the 10th & 11th Years of King William the 3d entitled "An Act to encourage the Trade to Newfoundland" (which you will receive herewith) to be aiding & assisting to the Admirals, Vice Admirals & Rear Admirals, of the respecting Ports & Harbours of Newfoundland from time to time as need shall require, in preserving the peace & good Government among the Seamen & Fishermen, & in apprehending Offenders. 2d You are to be careful that there be not taken into the Ship you comma~d to be transported to Newfoundland any Seamen or others than such as do belong to her; You are not to lend any of her Company to any of the Fishing Ships so neither are you to suffer to be taken on board her any sort of Fish either by way of Merchandize, Freight or otherwise, excepting what shall be necessary for the use & spending of her Company.
3d And whereas the Lords Commrs for Trade & Plantations have represented to Us, that it is very prejudicial to this Kingdom that the Fishing Ships do not bring home from Newfoundland the Complement of Men they carry out, many of them being enticed away to New England & others left in the Country, And for that reason have desired that it might be signified to the Masters of all British Ships at Newfoundland that they take care to bring home the number of their Men they carry out (except in case of Death) for that otherwise they will be prosecuted at their return, You are to let the Masters know the same accordingly, And to use your best endeavours to oblige them thereto, as far as in you lies.
4th And Whereas no Foreign Ships or Vessels whatever (except as herein after excepted) have any rights to fish at or about Newfoundland, And the Commanders of the Ships of War bound as Convoy thither have at all times past, been directed not to allow of their fishing in those parts it is therefore His Majts pleasure that you take especial care to prevent the same, and that his Orders given herein shall be strictly complied with; And if you shall meet with any Foreign Ships fishing at or about Newfoundland, you are to oblige them to desist & depart from off the Coast excepting Ships & Vessels belonging to the Subjects of His Most Christian Majesty fishing agreable to the 13th Article of the Treaty of Peace concluded with France at Utrecht in the Year 1713 & to the 5th & 6 Articles of the Treaty of Peace concluded at Paris the 10th day of February 1763, Copies of which you will receive herewith. Given &c 29th Feby 1776 4
Sandwich H Penton H Palliser
By &c PS.
