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.
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.
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.