PART I.

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Transcriber’s Note: Obvious printing errors, such as word spacing,

turned or omitted letters, etc., have been corrected. Otherwise, the

original spelling is maintained. “St. Johns’”, where it appeared, has

been standardised to “St. John’s”. Sidenotes were moved to the beginning

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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.

History of the government of the island of Newfoundland With an appendix containing the Acts of Parliament made respecting the trade and fishery · 第 1 / 5 章