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.
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.