And because the commodores of late years had taken upon them to keep courts, and send warrants to several remote harbours, for commanders of fishing ships, in the height of the season, upon frivolous complaints of idle and debauched men, and others, without the complaint being first heard by the fishing admirals, according to act of parliament, to the great prejudice of the fishery—they prayed, that the commodore might not in future be permitted to do the like; that all complaints might be decided by the fishing admirals, and that no commodore should presume to intermeddle with debts between merchants, masters, planters, and fishermen, as they had lately done, to the great prejudice of the merchants. They pray, that the ships of war, which were there to project the trade, might be obliged to come or send assistance, in case of piracy or mutiny in any of the harbours.
They pray, that none should retail liquors to fishermen, or persons concerned in the fishery, but only to their own servants; that goods, the produce or manufacture of Great Britain, might be exported duty free, for the benefit of the fishery; that all oil, blubber, furs, and fish, taken or made in Newfoundland by British subjects, might be imported duty free, and that Mediterranean passes for the ships carrying fish might be given gratis.
They pray, that fishermen should be obliged to fish till the last day of August, if required by their masters. The usual day had been the 20th of August; but the fish now came later. That fishing admirals should have power to give corporal punishment to all persons, of what degree soever, who profaned the Lord’s-day, and all common drunkards, swearers, and lewd persons; that a sufficient number of ministers should be sent to the principal harbours, to instruct the inhabitants; and that they might be paid from England, the country being very poor[45].
Others represented, that it would be proper to add penalties to stat. 10 and 11 Will. 3.; that masters of ships should give bond to bring back such persons as they carried out; or, if they went to a foreign market, to procure others to do it; that bye boat-keepers should give bond to return and bring back all their servants and hired men, with the like proviso, in case of going to a foreign market; that masters coming from any place but Great Britain, should give bond not to take away any fishermen or seamen—the penalty to be fixed by the fishing admirals; that seamen, or fishermen, who refused to return home, should forfeit all their wages; that no master of a ship, bye boat-keeper, or other person, going or trading to Newfoundland, should give credit to any servant or fisherman to more than forty shillings; nor any other person selling liquor to more than five shillings; that a debenture, or bounty, be allowed on all beef and pork, as if exported for sale; and also for all bread, flour, and malt, that should be shipped off in fishing ships bound for Newfoundland[46]. To these particulars were added the same complaints about foreigners interloping in the fishery, as in the former memorials. The mayor of Plymouth, in answer to the same sort of letter from the board, says, that the merchants had no other complaint to make than the encroachments of foreigners[47].
Such were the representations made by the officers of the crown on one hand, and by the merchants on the other, respecting the trade and government of the island. I have delivered them in their own words, and the reader will decide between them.
PART III.
PART III. From A. D. 1728, to Stat. 15, Geo. 3.
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.