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

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.

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.