T 1/479/120 - Salmon Fishery 1770

Mr Lutwidge's report on the Memorial of Mr John Fearon

Recd April 27th 1770 Read May 5 1770

[to Grey Cooper Esqre]

Sir

In pursuance of the directions of the Right Hoble the Lords Commissioners of his Majesty's Treasury, I beg you will please submit to their Lordships my observations on the inclosed petition of John Fearon Lessee of the several Salmon Fisherys in the Isle of Man.

The petitioner from an accidental large Draught of Salmon at Douglas, being induced to over rate in his Imagination the value of these Fisherys at the publick Auction imprudently appeared so eager to engross the whole, that the former Lessees bid up the Rents far above their real value : From the best information in regard to them I am assured they are not really worth more than one third of what the present Lessee has engaged to Pay.

By a Clause in the Leases it is undertaken on the part of the Crown that the Lessee shall enjoy peaceably and quietly the exclusive use of the Salmon Fisherys without the hindrence or interruption of any Person whatsoever. He was also encouraged to expect some Law of Police to Secure the interest of the Fisherys as there were none amongst the Statutes of the Isle of Man, the Salmon Fisherys not being regarded an object of publick Concern the Rent under the late proprietor being only £1:5:0 @ annum.

So far as the Governor could protect the Lease he was always most ready to do it, but for want of Statutes for that purpose the Aggressors escaped with impunity, and I really believe there were too just Causes of Complaint for most of the hardships set forth in the petition.

By engaging in this Scheme the Lessee has suffered as by a Stated account inclosed (to which he says he is willing to make Oath) £387:17:11 exclusive of two years Rent amounting to £186 One of which only has been received.

It is therefore humbly submitted to their Lordships Whether in the distressed circumstances of the Lessee their Lordships will be graciously pleased to remit the years Rent remaining unpaid and to direct the acceptance of the resignation of the Leases and the Fisherys to be again put up to publick Auction.

Cha Lutwidge 26th April 1770

Notes

A somewhat different account may be found in Lib Scacc 1768 [some loss in tight binding shown [] ]

To His Excellency John Wood Esqr Governor and Captain General in and over this Island.

The Petition of John Quell and John Fearon of Liverpool Merchants.

Humbly Sheweth

That your Petitioners have lately taken a Lease of the several Bay Fisheries of Salmon and Trout in this Island belonging to his Majesty at the yearly Rent of Ninety three Pounds, and have put themselves to very great and immoderate Expence in furnishing proper Nets Boats and skilful hands to carry on the said Fisheries in the most effectual manner, not doubting but that they should have met with all due Encouragement from the Natives of this Country as the extending such Fisheries must conduce to the general Good of the People as well as to his Majesty's particular interest.

That instead thereof your Petitioners have met with every Species of Opposition and Resistance which Envy and Ill Nature could invent; all which they have silently borne till now, when by one single Act the whole Fisheries are utterly destroyed.

That vast Quantities of green Flax, instead of being soaked in dead and stagnated Waters, as herefore, are now deposited in the Several Rivers of this Island, the noxious Qualities of which Flax are known to be fatal to every kind of Fish.

That since the depositing such Flax, several Salmon and Trout have been found Dead in the said Rivers; and great Shoals of Salmon, which regularly came into the Bays to meet the fresh Water and continue for Several Hours therein, are now observed immediately to desert the same, and fly from such infected Streams; all which your Petitioners are ready to prove.

That in the neighbouring Kingdoms of Britain and Ireland penal Laws have constantly subsisted againgst the soaking of Flax in any Waters that have communication with Rivers.

That there being no such salutary Law here known to your Petitioners they most humbly beg

That your Excellency will be pleased to [promulgate?] a Law to be made for the more effectual preventing such Mischief to the Bay Fisheries and that in the mean time you will give immediate orders for the removal of such Flax already deposited in the said Rivers, or in Waters running into the same, and to give such other relief in the Premisses as your Excellency shall seem meet.

And your Petrs shall ever pray

The response by Governor Wood was to remind memembers of the Great Enquest that such steeping of flax was already prohibited.

At Castle Rushen the 9th August 1768

Upon Consideration of this Petition and of the Charge given to the Great Enquests of the Several Sheadings within this Isle when sworn into that Office and Duty, Whereby it is among the things committed to them in Charge that they do make presentment of all persons who shall steep Flax in any of the Rivers of this Isle I do herby Order that the several Coronors do make publication at the parish Churches within their respective Sheadings that no person do presume to steep Flax in any of the Rivers and that the Great Enquests according to the Duty of their Office be careful to make due presentments of all such Offences as they will answer the contrary at their peril.