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turned or omitted letters, etc., have been corrected. Otherwise, the
original spelling is maintained. “St. Johns’”, where it appeared, has
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HISTORY OF THE GOVERNMENT OF NEWFOUNDLAND.
HISTORY
OF THE
GOVERNMENT
OF THE
ISLAND OF NEWFOUNDLAND.
WITH AN
APPENDIX;
CONTAINING
THE ACTS OF PARLIAMENT MADE RESPECTING
THE TRADE AND FISHERY.
BY JOHN REEVES, ESQ.
CHIEF JUSTICE OF THE ISLAND.
LONDON:
PRINTED FOR J. SEWELL, CORNHILL;
J. DEBRETT, PICCADILLY; AND
J. DOWNES, No. 240, STRAND.
1793.
_I give the Profits of this Book for the Relief of the suffering Clergy
of France, Refugees in the British Dominions; and I beg of Mr. Sewell to
undertake the Trouble of managing the Publication to the best Advantage
for that Purpose._
J. REEVES.
PREFACE.
After my return from Newfoundland, in the year 1791, I was curious to
look back into what had been done, in former times, on the subject upon
which I had myself been just employed. I accordingly looked over the
NEWFOUNDLAND ENTRIES, and the NEWFOUNDLAND BUNDLES among the books which
belonged to the late board of trade; and I then pursued the subject
through the REGISTERS of the present committee of council for trade and
plantations.
I was very much struck with the matter and reflections furnished by
this research; and I wished that the useful information, which I had
derived from this retrospect, might be seen by those, who had at that
time to consider the subject of Newfoundland. Hence arose the present
History; and as the same subject is now before the House of Commons, I
have ventured to print it, and throw it among the other materials under
examination.
If this public enquiry had not been instituted, the story here told would
have been confined to the circle for which it was originally intended.
J. R.
_April 1793._
CONTENTS.
PART I.
_Different Charters granted—Rules and Regulations of the Star
Chamber—Of appointing a Governor—Additional Rules—Report
against a Governor—Sir John Berry’s Advice—Bye Boat-keepers,
what?—Question of a Colony argued—Stat. 10 & 11 Will. 3. c.
25._ 5
PART II.
_Mr. Larkin’s Observations—Character of the fishing
Admirals—Character of the Commanders—Want of Police—Opinion
of the Board 1706—Representation 1708—For Sea Commanders to
command at Land—Such Commission issues—Laws and Orders made
at Newfoundland—Representation 1718—Claim of the Guipuscoans
to Fish—Of the Land ceded by the French—A Salmon Fishery
granted—Opinion on the 7th Sec. of Stat. 10 and 11 Will.
3.—Representation 1728—Recommends a civil Government—A civil
Governor is appointed—Disorders of Newfoundland, and Conduct
of the fishing Admirals during this Period—Complaints from the
Merchants._ 22
PART III.
_Justices appointed—Opinion on raising Money by the
Justices—Contest between the Justices and fishing
Admirals—Opinion on the Authority of the Admirals—A Court
of Oyer and Terminer proposed.—Such Commission issued—Lord
Baltimore revives his Claim—The Peace of 1763—Remarks
of the Board on Stat. 10 & 11 Will. 3.—Newfoundland a
Plantation—Custom house established—Property in Flakes, &c.
discussed—Stat. 15, Geo. 3, c. 31._ 97
PART IV.
_Import of live Stock, &c.—Representation on a Bill brought
in by the Western Merchants—Three Acts passed—Complaints
about Courts—Review of the Courts at Newfoundland—Fishing
Admirals—Surrogates—The Governor holds a Court—Courts of
Vice-Admiralty and Sessions—The Governors cease to hold
Courts—Court of Common Pleas instituted—Complaints against
it—Representation—And Act passed for a Court of Civil
Jurisdiction._ 129
INTRODUCTION.
I intend to give a short history of the Government and Constitution
of the island of _Newfoundland_. This will comprise the struggles
and vicissitudes of two contending interests.—The _planters_ and
_inhabitants_ on the one hand, who, being settled there, needed the
protection of a government and police, with the administration of
justice: and the _adventurers_ and _merchants_ on the other; who,
originally carrying on the fishery from this country, and visiting that
island only for the season, needed no such protection for themselves, and
had various reasons for preventing its being afforded to the others.
This narrative will divide itself into four periods, or parts. The
_first_ will close with the passing of stat. 10 & 11. Will. 3. c. 25.
by which the adventurers and merchants were supposed to have obtained a
preference, and advantage over the pretensions of the inhabitants, and
planters. The _second_ will end with the appointment of a civil governor,
and of justices of the peace in 1729; by which some stop was put to the
disorder and anarchy that had long prevailed in the island, especially
during the winter seasons. This may be considered as an advantage gained
by the inhabitants and planters. The _third_ closes with Stat. 15, Geo.
3. c. 31. commonly called in the island _Sir Hugh Palliser’s act_, which
was intended for giving an advantage to the fishery carried on from
the mother country; but, as it obliges both merchants and planters to
pay their servants’ wages, it is equally abhorred by both parties; and
both parties have shewn great readiness to join in asserting, that the
fishery has gradually decayed ever since the passing of this act. The
_fourth_ comes down to the year 1791, when a court of civil jurisdiction
was established upon principles which, it was thought, would secure the
impartial administration of justice to the merchant and the planter, the
rich, and the poor, the master, and the fisherman.
PART I.
[Sidenote: PART I.
From Queen Elizabeth to Stat. 10 and 11 Will. 3.]
_Different Charters granted—Rules and Regulations of the Star
Chamber—Of appointing a Governor—Additional Rules—Report
against a Governor—Sir John Berry’s Advice—Bye Boat-keepers,
what?—Question of a Colony argued—Stat. 10 & 11. Will. 3. c.
25._
[Sidenote: Different Charters granted.]
Newfoundland, like other new discovered lands in America, was endeavoured
to be settled, and improved by means of charters granted from the crown;
it being hoped that individuals would, in this manner, be tempted
to pursue the public advantage, through the medium of their private
interest. Charters were granted at five different times. The first was
in 1578 to _Sir Humphry Gilbert_, who had thereby full power given him
to possess all lands in Newfoundland not in actual possession of any
Christian prince. By virtue of this authority, he, in 1583, landed in
_St. John’s Bay_, and we are told, that calling together both English and
strangers then fishing, he took possession of the country in the queen’s
name, and erected the arms of England upon a pillar of wood, in testimony
of her majesty’s sovereignty.
The _second_ charter was granted in 1610 by _king James_, to the _Earl
of Northampton_, _Sir Francis Bacon_, and several others, by the name of
_the Treasurer and Company of_ ADVENTURERS _and_ PLANTERS _of the City of
London and Bristol, for the Colony in Newfoundland_, with all the usual
prerogatives and immunities; but in this grant there was a reserve to all
persons of an entire liberty to fish.
The _third_ charter was granted to _Sir Geo. Calvert_ (the grantee of
the province of Maryland) and his heirs, of a tract of land called
_the Province of Avalon_, lying to the south east point of the island,
extending between ports _Fermose_ and _Aquafort_ to _Petty Harbor_, and
from thence westward to the bay of _Placentia_. There was also a grant
to him of the property of all islands lying within ten leagues of the
eastern shore, together with the fishing of all sorts of fish, saving to
the English the free liberty of fishing, salting, and drying of fish.
The _fourth_ charter was granted in 1628, to the _Marquis of Hamilton_,
the _Earl of Pembroke_, _Earl of Holland_, _Sir David Kirk_, and others;
and under pretence that Lord Baltimore (the heir of Sir Geo. Calvert)
and other proprietors, had deserted the plantation, this grant included
the province of _Avalon_. In this grant it was provided, that no person
should plant or inhabit within six miles of the sea shore between cape
_Race_ and cape _Bonavista_.
Thus far did the crown go in the granting of four exclusive rights
in Newfoundland. But this detail gives us no information as to the
constitution and regulation of the island, its trade and fishery. On
this head we find, that in 1615 Captain _Richard Whitburne_ was sent out
with a commission from the high court of admiralty, authorizing him to
impannel juries, and to make inquiry upon oath, of sundry abuses, and
disorders committed every year, among the fishermen upon that coast.
[Sidenote: Rules and regulations of the star-chamber.]
In the year 1633, the star-chamber took up the subject of the fishery:—a
petition and complaint had been there preferred by the merchants and
owners of ships in the west of England: and that court, after taking the
same into consideration, was pleased to issue the following order, for
better regulating the trade.
If a man killed another, or stole to the value of forty shillings, the
offender was to be brought to England, and the matter was to be tried
by the Earl Marshal; and if the fact was proved by two witnesses, the
offender was to suffer death.—No ballast was to be thrown out of ships to
the prejudice of the harbours—no person was to deface or spoil any stage,
cook-room, or other building—the ship that first entered the harbour was
to be admiral—no person should deface or alter the marks of any boats, to
defraud the owners—no person was to steal any fish, train, or salt, or
other provision, belonging to the fishing ships—no person was to set fire
to the woods, or rind the trees, except for cook-rooms—none were to cast
anchor so as to hinder the haling of seines—none should rob the nets
of any drift boats—no tavern should be set up for the selling of wine,
beer, strong water, or tobacco—the company were to assemble themselves on
Sunday to hear divine service—the mayors of _Southampton_, _Weymouth_,
and certain other towns, were to take cognizance of all complaints made
against any offender upon land—the vice-admiral in the counties of
_Southampton_, _Dorset_, _Devon_, and _Cornwall_, was to proceed against
offenders at sea.—These laws were to be in force till they were annulled
by his Majesty; and the admiral in every harbour of the island was to
make proclamation of them.
On the 20th of February following, a charter, being the _fifth_, was
granted according to the tenor of this order, made by the star-chamber,
to _the merchants and traders to Newfoundland_.
In the year 1650, the council of state gave a commission to _John
Treworgay_, merchant, who was then in the island, _to order affairs there
for the best advantage of the state_; which commission was renewed in
1653. A commission was also obtained in 1655 by Sir _David Kirk_ (who had
been one of the grantees in the charter of 1628), together with _John
Claypole_, _John Goffe_, and others; but it does not appear that any
thing was done thereupon.
After the restoration, _Lord Baltimore_, who had been dispossessed of the
province of _Avalon_, by the charter granted to the Marquis of Hamilton
and others, obtained orders in 1660, for a restitution of that province.
And there was also on the 24th January 1660 a renewal and confirmation
of the charter granted to the merchants and traders in February 1633; on
which occasion this additional provision was made: “That no master or
owner of any ship should transport any persons to Newfoundland who were
not of the ship’s company, or such as were to plant and settle there.”
In support of this last provision, a letter was written on the 4th
December 1663 by the lords of the privy council, enjoining the
magistrates of the western ports to take care that no owners of ships,
trading to Newfoundland, suffered any persons to be transported thither,
other than such as were of the ship’s company, and _the officers of his
Majesty’s customs_ in the several ports therein named directed, and to
charge all masters of ships to observe this rule. In the 15th year of
Charles II. the parliament made some regulation respecting this trade and
fishery. By statute 15 Car. 2, c. 16, penalties are imposed on planters
and others, who destroy the fry of fish, or burn or destroy boats left in
the harbour, or pull down houses or stages built by the English to live
in during the fishing season; and no toll is to be demanded for fish of
English catching.
[Sidenote: Of appointing a Governor.]
In the year 1667, the fishery of Newfoundland underwent a more mature
discussion than it seems before to have received. In August of that
year several petitions, were presented to the privy council from the
merchants, owners of ships, and others, inhabitants of the towns of
_Totness_, _Plymouth_, _Dartmouth_, and places adjacent, concerned in
the trade to Newfoundland. They stated, that several persons, upon
specious purposes, and for sinister ends, were endeavouring to establish
a _governor_, which had always been pernicious to the fishery; and
because they were unable to attend or bear the charges of solicitation,
and sending witnesses to such a distance, they prayed his Majesty to
empower such persons of the county of Devon, as his Majesty should think
fit, to hear and examine the whole matter, and make report thereof to the
council. Upon consideration of these petitions, _Sir Edward Seymour_,
_Sir John Northcott_, _Sir William Courtnay_, _Sir Thomas Carew_, _Sir
Walter Young_, and other gentlemen of Devonshire, were appointed to
enquire into facts concerning the miscarriage of former governors to the
damage of the trade; and the petitioners were also required to prepare
reasons to make good the allegations of their petitions. In consequence
of which, depositions were taken at _Totness_, in which were certified
the inconvenience of appointing a governor, and the prejudice that would
necessarily thereby ensue to the fishery.
However, on the 6th December following, the company of merchants,
adventurers, and owners of ships, trading from _Bristol_ to Newfoundland,
and several other merchants, petitioned his Majesty to provide a remedy
to the dangerous condition of the fishery (which, they said, was likely
to fall into the hands of the French), by sending some able person as
_governor_, with guns, arms, ammunition, and other materials, necessary
for fortifying some of the harbours. This matter was referred by his
Majesty to the _Earl of Anglesey_, _Lord Ashley_, _Mr. Comptroller_, _Mr.
Vice-Chamberlain_, and _Sir William Coventry_. These persons entered
into an examination of all the papers, and also of sundry merchants and
other persons; but no resolution appears to have been taken thereon till
1669, when a Captain _Robert Robinson_ petitioned for the settlement of
a governor; and, on a reference of this question to the lords of the
committee for trade and plantations, their lordships reported, after
hearing several merchants and others concerned in the trade, “that
they did not think fit to recommend the petition and proposal of _Mr.
Robinson_ for making him governor of Newfoundland; but, for keeping
people living there in Christianity, they proposed that his Majesty
should send a chaplain in the convoy-ships; and _that the captains of the
said ships should have power to regulate abuses there_, with reference
to his Majesty’s letters patent granted to the western towns;” which
report was confirmed in every thing by his majesty on the 4th of February
following.
On the 25th of the same month, complaint was made, that many owners of
ships carried out passengers, and private _boat-keepers_, contrary to
the laws and constitutions of the fishery, to the great detriment of the
fishing trade, and to the lessening of the number of ships and seamen;
that many owners also victualled their ships from _Ireland_, instead
of _England_. Upon which, an order of council was made, directing that
the mayors and magistrates of the several towns mentioned in the above
letters patent, should be careful that the constitutions were punctually
observed; that the officers of the customs should charge all masters and
owners of ships to put those rules in execution; should stop offenders
therein from proceeding in their voyage, and immediately return their
names to the council.
But, notwithstanding the objections made by many to the appointment
of a _governor_, those very persons felt the need of government and
regulation: for on the 23d of December 1670, a petition was presented
to his majesty, from the western merchants and traders, “That additional
powers might be granted for regulating the fishery.” The lords of the
council, appointed for matters of trade, upon this occasion recommended
several rules; and his majesty ordered, that they should be added to the
former charter. These were called _additional rules_, and were as follows.
[Sidenote: Additional Rules.]
That his majesty’s subjects might take bait and fish at Newfoundland,
provided they submitted to the established orders.—That no alien should
take bait.—That no planter should cut down any wood, or should plant
within six miles of the sea shore.—That no inhabitant or planter should
take up the best stages before the arrival of the fishermen.—That no
master or owner of any ship should transport seamen, or fishermen to
Newfoundland, unless they belonged to his ship’s company.—That none
should carry more than sixty persons for a hundred tons.—That every
fifth man should be a green man, that is, not a seaman.—That the masters
of ships should provide victual in England, according to the number
of men, for the whole voyage, salt only excepted.—That no fishing ship
should part hence for Newfoundland, before the month of _March_.—That
masters should give bond of a hundred pounds to the respective mayors
of the western towns, not to carry to Newfoundland any of the sort of
persons before prohibited, and to bring back such as they did carry out,
or employed in carrying fish for the market voyages.—That no person
should take up a stage with less than twenty-five men.—That no seaman
or fisherman should remain behind, after the fishing was ended. It was
ordered, that the admirals, vice admirals, and rear admirals should
put these orders in execution, and preserve the peace.—Should bring to
England offenders of any sort—Should proclaim on the 20th of September,
yearly, his majesty’s orders.—Should keep journals.—It was ordered that
the recorders and justices of the peace of the several western towns,
should be joined in commission with the mayors.—That reasonable fines
should be imposed on offenders.
Finally, it was ordered, that a bill should be prepared to pass the
great seal, for the confirmation of the last _charter_, with these
_additional_ powers; and that the clause touching the marshal should be
reviewed by Mr. Attorney General, who should present to the board _some
way of judicature_, for the determining of causes at Newfoundland.
In February 1674-5 the question of appointing a governor was again
brought forward[1]. A petition had been presented, in which was set forth
the great advantage that would attend the fishing trade, by a settlement
under a _governor_; This was referred by the king to the lords of the
committee for trade and plantations; and after hearing the reasons of
the merchants and owners of ships in the west of England, who protested
against a settlement, together with what the petitioners could allege in
behalf of a colony, their lordships made report to his majesty, of their
opinion thereon.
[Sidenote: Report against a Governor in 1675.]
In this report it is stated, that for some late years, the fish had
failed in Newfoundland; that the adventurers had lost many of their
ships in the late wars, especially in that with _Spain_; and that the
late wars had much diminished the hands which used to take fish: that
the inhabitants and planters, who, contrary to their old charter, lived
within six miles of the sea, had destroyed the woods, and continued to
destroy whatever the adventurers left behind them; that they possessed
early the places of greatest convenience, and, which was very pernicious,
most of them sold wine, and brandy, whereby the seamen were withdrawn
from their labor, and many seduced to stay in the place, while their
families thereby became burthensome to their respective parishes at
home. That the inhabitants lived scattered in five-and-twenty different
harbors, almost eighty leagues asunder; and that in all the winter, when
abuses were chiefly committed, there was no passing from one place to
another, so that near forty harbors would have no government, though the
governor were actually in the country.
It is also stated, that besides the charge of forts, and a governor,
which the fish-trade could not support, it was needless to have any
such defence against foreigners, the coast being defended in winter by
the ice, and in summer by the resort of the king’s subjects; so that
unless there were proper reasons for a _colony_, there could be none for
_governor_. That against a colony, there were not only the rigours of the
climate, and infertility of the land, which obliged those who were there
all the winter, to idleness, and inclined them to debauchery, but this,
that they chiefly consumed the produce of _New England_, by the shipping
of which country, they were furnished with French wine and brandy, and
_Madeira_ wines, in exchange for their fish, without depending, as they
should, for supply from England; so that if the climate and soil should
favour a colony, the planters would rather adhere to _New England_,
and so go on to tread in the same steps as those colonists did, to the
loss of the many advantages which, by the present method of things,
are yet enjoyed by the mother country; there being no hope for a like
regulation on the product of this place as on the products of the other
plantations, because fish cannot bear the charge of coming home, but must
go _directly_ to the markets abroad.
It was reported that the French did not manage their fishery otherwise,
than by adventurers’ ships, that went out, and returned back yearly. That
they maintained a fort at _Placentia_ to defend them from the Indians,
who, at certain times, came off from the main, and molested them in their
beaver-trade; for which trade, and not for fishing, the French had a
residence there.
It was reported, that the adventurers caught fish cheaper than the
planters.
Upon full consideration of all these circumstances, their Lordships
proposed, that _all plantations in Newfoundland should be discouraged_;
and, in order thereunto, that the commander of the convoy should have
commission to declare to all the planters, to come voluntarily away;
or else that the western charter should, from time to time, be put in
execution; by which charter all planters were forbid to inhabit within
six miles of the shore, from Cape _Race_, to Cape _Bonavista_. Their
Lordships further proposed, that the _additional rules_, settled on the
10th of March, 1670, should be observed, and that the mayors of the
western ports should be required to renew their charter accordingly.
This report, from the Lords of the committee of council for trade and
plantations was approved by his majesty, and order was thereupon given
for carrying into effectual execution, what was there recommended.
In viewing these transactions we plainly discover the two contending
interests in the Newfoundland trade; the one that of the planters and
inhabitants, the other that of the adventurers and merchants; and we
shall see, in the course of this history, that according to the views
of these different description of persons, representations were at
various times made to the government at home, for promoting or opposing
regulations and establishments in the island.
[Sidenote: Sir John Berry’s Advice.]
An occasion soon offered for shewing this spirit. Sir John Berry was
appointed to command the convoy for the ships trading to Newfoundland;
and in pursuance of a special order of council of the 15th of April 1675,
this commander laid before the committee of council for trade the state
of Newfoundland, as he found it, in relation as well to the _planters_
and _inhabitants_, as to the _western adventurers_; and it is worth
remarking how different is the account given by this commander, from that
lately made by the adventurers, and which had induced the committee of
council to report in the terms we have just heard.
He says, that several disorders, attributed to the planters, were
chiefly occasioned by the adventurers’ ships—That the inhabitants never
sold their fish to those of _New England_ for wine and brandy.—That the
adventurers’ men pulled down the stages, and store-houses:—And, that it
was _their_ fault, that the seamen were seduced to stay in the country,
for it was to save _thirty shillings for their passages_.
This letter was read at the committee in the presence of several
persons, who appeared there in behalf of the west country merchants,
and who complained of the encouragement _Sir John Berry_ had given the
planters, contrary to his majesty’s orders, and to the certain ruin of
the adventurers’ trade, for such would follow from the continuance of
the inhabitants and bye boat-keepers. Upon which the Lords advised them
to settle the _additional rules_, allowed by his majesty; and this, some
time after, was accordingly put in execution.
_Sir John Berry_, at his return, attended the committee, where he
repeated and confirmed what he had written, and assured their Lordships
of the necessity of encouraging a _colony_ in Newfoundland, if not, the
French would take advantage by the intended removal, to make themselves
masters of all the harbours and fishing places about the island, or would
otherwise entice the English planters to come and settle among them, to
the great prejudice of our fishery.
The struggle between the adventurers and planters now grew very violent.
In 1676, _John Downing_, an inhabitant of Newfoundland, petitioned the
king against the endeavours of the adventurers to pull down the houses,
and burn the stages of the planters, in order to drive them out of the
country. This complaint was referred to the committee of trade, where
counsel were heard in behalf both of the adventurers and planters; and
the committee having reported their opinion thereon, the king signified
his pleasure, that the masters and seamen belonging to the fishing ships
should not any ways molest the planters, upon pretence of a clause in
the western charter, whereby, “No person was to inhabit within six miles
of the shore,” until his majesty should proceed to a further resolution
concerning the fishery and plantation of Newfoundland. Direction was
accordingly given, by order from his majesty, to the captains of the
convoy ships, to make publication of his majesty’s pleasure, that the
planters should be permitted to continue in the possession of their
houses and stages, according to the usage of the last years, until
further order. Moreover, that the state of the colony and trade might be
better known, they were ordered to return answers to several _heads of
inquiry_ prepared by the committee for trade and plantations; and the
following are the answers thereto sent by _Sir William Pool_ from St.
John’s harbour, dated the 10th of September 1677.
He says, the fishermen confessed, that of late years the planters had
done no prejudice to the fishery; so that, when they returned, they
found their stages in as good order as could be after a winter; so that
they were not obliged to come sooner to the island for the purpose of
repairing them—the planters affirmed, they did not meddle with any of
the adventurers’ fishing places, nor did they desire to do it, provided
they might quietly enjoy the same room they had possessed for several
years—the fishermen complained, that the planters took up the best places
to cure their fish, did damage to their stages, and took possession
of more than they had hands to manage—the planters affirmed, that it
was impossible to live six miles from the sea-side, by reason of the
barrenness of the country—the fishermen did not desire the removal of
the planters, but only a better regulation—the planters could not keep
a constant number of men or boats, unless they were supplied every year
with servants from England—the planters did not take so much fish,
proportionably to the number of men and boats they kept, as the fishers
did, who were better artists; nor sell it so cheap, by reason of the
greater wages they were obliged to give their servants—it was not
possible for the planters to observe the charter punctually—the planters
all sold drink contrary to their charter—the fishermen rinded the trees,
and employed six and seven stages for seventy men, contrary to the rule
of their charter—the French managed their fishery generally by fish-ships
from Europe, and their trade for fur was very inconsiderable—the French
planters were very much encouraged by the governor, and had the same
accommodation in their harbours as the fishermen had—the fishermen
confessed the planters were of great use to them—the planters prepared
materials for the fishermen against their coming, which otherwise could
not be made ready without a great loss of time; they preserved in their
houses the salt that remained of the fishery until the next season; and
when shipping was wanting, the fishermen were glad to lodge their fish
in a planter’s house until the following year—in case the fishermen were
visited with sickness, or were obliged to stay for their ships on their
first arrival, they used the convenience of the planters’ houses—when
the fishermen wanted provisions, the planters supplied them out of their
stores; or when they had an overplus, the planters bought it of them for
fish.
Such were the answers given by the commander of the king’s ships on
this station to the first _heads of enquiry_ concerning the trade and
fishery. This method of enquiry was followed in after times; and the
information it produced, in this first attempt, may be made useful matter
of comparison.
In December 1677, the committee for trade and plantations, in pursuance
of an order of council, that had been made on the petition of the western
adventurers, made report, that notwithstanding a clause in the western
charter, forbidding the transportation of any persons to Newfoundland,
than such as were of the ships’ company, the magistrates of the several
western ports did permit passengers, and private _boat-keepers_, to
transport themselves thither, to the detriment of the fishery; but they
were of opinion this might, for the future, be prevented, if not only
those magistrates, but the vice-admirals and officers of the customs,
were strictly commanded to prevent this abuse.
[Sidenote: Bye Boat-keepers, what.]
The private boat-keepers here spoken of, or _bye boat-keepers_, as they
otherwise were called, are described as persons who, not being willing
or able to buy a share in a fishing ship, hired servants in the west
of England, and carried them as passengers to Newfoundland, where they
employed them in private boats to catch and cure fish; and after the
season was over, they brought them back to England, or permitted them
to take service with the planters, or on board the ships. These bye
boat-keepers used to go over yearly in great numbers; but this practice
being contrary to the western charter, and the king’s express command,
begun now to be much disused.
[Sidenote: Question of a Colony argued.]
The above-mentioned representation against the bye boat-keepers was soon
followed by a petition in behalf of the inhabitants of Newfoundland,
praying generally, that nothing might be ordered to their prejudice. To
bring this matter into full discussion, it was ordered by the king, that
both the adventurers and planters should be heard by their counsel. And
thus was the question of the convenience and inconvenience of a colony
solemnly argued at the council. After which it was referred to the
committee for trade, to propose some regulation between the adventurers
and planters, which might consist with the preservation of the interest
of the crown, and the encouragement of navigation and the fishing
trade[2].
It does not appear what report was upon this occasion made by the
committee for trade; and I find no other proceedings of the government
respecting this trade and fishery till after the year 1696, when the
board of trade was instituted.—In January 1697, the new board took up
this among other subjects that came within their cognizance; but not
before they were called upon by petitions and representations from the
towns in the west concerned in this trade. These, like former petitions
and representations from the adventurers and fishers, were calculated to
advance their pretensions, in opposition to those of the planters and
inhabitants, to deprecate the appointment of a governor, and to pray a
convoy for the safety of the ships going out, either to _Portugal_ for
salt, or to Newfoundland, and to protect them in their return home, or
in their voyage to market[3]. The report and representation made by the
board on this occasion applied rather to the present defence of the place
than to any matter of general regulation; and they at the same time
expressed an opinion, that planters, in a moderate number, were at all
times convenient for the preparation and preservation of boats, stages,
and other things necessary for the fishery; but that they should not
exceed _one thousand_[4].
In the year 1698 was passed the stat. 10 and 11 Will. 3. c. 25.
intituled, _An Act to encourage the trade to Newfoundland_. It does not
appear what were the steps that immediately led to the passing of the
act; but it appears, in the matter of it, to be founded on the policy of
former times; and it is, in truth, little more than an enactment of the
rules, regulations, and constitution that had mostly prevailed there for
some time.