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.

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.

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.

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.

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.

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.

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.

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.