It was, however, thought proper to draw up some _additional instructions_ to the governor, with a view of preventing any interruption or disturbance being given by the English to the French in carrying on their fishery within the limits appointed by treaty. These were also submitted to the same law-officers for their opinion as to the statute, and the power in the king to make them. The law-officers made some alterations in these instructions, and declared, that in such form they might be legally given to the governor, being conformable with the thirteenth article of the treaty of Utrecht, and not repugnant to the statute. For, say they, although the statute seems to confine the whole trade of Newfoundland to English subjects; yet as the French were at the time of passing the act, and had been for many years before, in possession of several parts of the island, and notoriously carried on an open fishery, and claimed to be entitled thereto; and as that claim, and the exercise of a fishery there, had not been rejected or disallowed by the treaty of 1686, nor by the treaty of _Ryswick_ in 1697, although several petitions of merchants and others had been presented to the house of commons in the year 1696, complaining of encroachments of the French upon the English trade and fishery there; it seemed to them, that the statute was not meant to extend to such parts of the island, and its adjacent isles and places, as were then left in the possession of the French; nor to abridge or restrain the power of the crown over the same, consequential upon the making of peace; the exercise of which, in this instance, had received the repeated approbation of both houses of parliament in their resolutions upon the treaties of _Utrecht_ and _Paris_[67]. The board of trade adopted the amendments made by the law-officers, and recommended to his majesty the instructions so altered to be given in charge to _Mr. Palliser_, then governor of Newfoundland. They took occasion, in their representation at that time, to enlarge upon the nature of that trade. [Sidenote: Remarks of the Board on Stat. 10 and 11 W. 3.]