Some Considerations TOUCHING The present Debate between OWNERS, etc. And FISHERMEN, relating TO The Newfoundland Trade; WHEREIN The present Project of obstructing Passengers, BY-BOATS, etc. is proved to be an unjust, sinister, envious, and unreasonable design.  
Humbly Presented to Supreme Consideration BY The Impartial Pen of an eye-witness both of the Designs at Home, and the Trade abroad.  
Qui statuit aliquid parte inauditâ alterâ,  
Aequum licet statuerit, haud aequus fuit.  Sen. Med. 
OXFORD, Printed by A. and L. LICHFIELD, Printers to the University, 1671.   

Some Considerations touching the present Debate concerning Passengers, etc. to NEWFOUNDLAND.  
THAT man (saith incomparable Bacon, Es. 9) That hath no virtue in himself, envieth it in others. It is but to alter the terms, and say, A man that doth not prosper himself, envieth the prosperity of others. Too apparent will the truth of this be in the present Case, to any who shall impartially scan, and seriously inquire into the ground of the present project, which hath been of late years on foot against a sort of Industrious, Laborious men, carried on by a few sinister persons, who have practically and interpretatively told the world, that they design and contrive to engross to themselves the bulk of that vast Trade (not unfitly reckoned among the most profitable ones of the Nations) that of Newfoundland Fishery: and this contention is blown into a flame by the groundless breath of misled ignorance. and the senseless clamours of some unreasonable spirits, which like Dog's bark for company, and are content to speak as their Incendiaries do, and without enquiring into the justness, or reasonableness of the point, proceed like unjust Judges to condemn without hearing any thing from Defendant, or Adverse party; who in this case to (speak strictly) pass under an inevitable condemnation, for whatever is alleged against them, by being incapable either with Money, Opportunity, Friends above, etc. to countermine, anticipate, or meet with the designs of those (who are too potent in all these) against them. Which too truly verifieth that of the Poet Petronius.  
Quis quis habet Nummos, securâ naviget aurâ, Fortunamque suo temperet arbitrio,  
Vxorem ducat Danaen, ipsumque licebit Acrisium jubeat credere quod Danaen,  
Carmina componat, declamet, concrepet, omnes Et peragat cause as, sitque Catone prior,  
Juris consultus, paret, non paret, habeto, Atque esto quiequid Servius aut Labeo.  
Multa loquor: quidvis nummis praesentibus opta, Et veniet,—  
Before I enter into the bulk of the discourse, give me leave to assure you, that I am altogether unconcerned on either side; nor do I stand in that relation to the one or other, as might bias my judgement, or betray my reason to be partial, or prevaricate for either party: I have received no Fee from either to make me write Sophistically, but having for four years been an eye-witness of the transactions at Home, as well as of the manner of Fishing Abroad in that Country, have thereby had opportunity to discern, the unreasonableness of those grounds proposed to hinder the Defendants from following their labour, in the way of Fishing in those parts. Which I have here published very concisely, couching my Reasons and discourse in as few words, and narrow lines as possibly I could.  
The Case Is thus, A few honest Fishermen acquainted with the Newfoundland, join stocks together, hire men, provide themselves with all necessary Provisions for that Voyage; and not able to act in the method of a Merchant, keep some, One Boat, others two, three, etc. It may be, One Boat among two, or three men: A number of these Boat-keepers join & freight a Ship for the transportation of themselves and provisions: Some take passage at three pounds per man. These (as others set forth by Merchants) Fish and labour very industriously, and run the same hazard in all respects that Merchants do, and thereby do frequently gain to themselves some what more then by the wages usually given by the Merchants, did they act in their employ. These men in every respect act as Masters, Merchants, etc. do. They employ Seamen on the same terms, They breed up Seamen, Fraight Ships, Fish, etc. every way proportionable to any that use that Country: whereby they advance Trade, Increase the King's Custom, etc. as much or more per Rato than other owners of Fishing voyages: many of which improperly call themselves Merchants.  
These men being generally of a more thriving and industrious nature than some others, and thereby succeeding better in their voyage than others, are therefore become of late the very objects of Merchant's envy at home, and of Masters (employed on the same Trade) abroad, who wanting the like industry, and coming short thereby of the like success, do not seldom excuse it with laying the subsequent charge against By-Boats: Evidently making good the words of that great Statesman, the Lord Verulam, Es. 9 That man which cannot act in the virtue (of which Diligence is a part) of another, will seek to come at even hand with him, by seeking to depress the others fortune. And if it savour not too much of Censoriousness and Barbarism. Act. Apost. c. 28. v. 4. I would observe, That the Voyages immediately succeeding the time, when the Spleens of these poor men's Enemies had been moved most (whereby very few of them and those by surreptition and stealth have been able to obtain Transportation) have proved the worst that ever were in that Country, witness Anno D. 1664. What a Muddy stir was there made at Dartmouth, and the circumjacent Country against the poor By-Boats. What allegations were put into the Council, and Parliament (if I mistake not) which being unanswered by the Defendants, there was a supersedeas clapped upon their intentions for Newfoundland, and that year the Merchants made the worst Voyages that were ever known before: And the year after the Dutch War coming in, de Rutter the Belgian Admiral went and burnt the Ships in that Country, in which none suffered more than those that had been most pertinacious against By-boats. I need not name any, and am unwilling to measure the length of any man's just proceed by his prosperity, or to censure him of an evil heart by any adversity, for time and chance hapeneth to all, and those on whom the Tower in Siloam fell were not sinners above all them in Jerusalem, and do believe goodness and greatness are not always concomitant.  
But to proceed, The Dutch War happily ended, Merchants and By-boats, promiscuously provide for the Fishing without distinction or grudge, as if all former animosity had been forgotten, and that year (1668) making great Voyages they are on all hands satisfied, and nothing at all objected against the By-boats: but in the year (1669) the Ships make poor, and the By-boats generally great Voyages. Upon return to England, the feud is again fomented, and Merchants Petition again to the Privy Council, urging vehement complaints against the By-boats; that they ruined the Trade, by engrossing the best Fishermen to themselves, by giving greater wages than others can. Those of Dartmouth, Plymouth, etc. meet at Modbury about that affair, (facetiously called the Modbury Juncto) but the issue came to late, for the Ships for Terra Nova were almost all gone before that came down into the West: only some few had the unhappiness to be behind, and were stopped.  
Here let me not forget to observe, That at the very time the West-Country Owners were acting, & contriving the Premises at Modbury, Mr. Boughton their Factor in London played least in sight, with Five or Six Thousand pounds of their Money, in which the Actors were mostly concerned, and the By-boats not Eighty pounds upon my certain knowledge. And to second that misfortune, This year there were made such Voyages by the ships in general as the like was never known before, by any man; for though in the beginning of the Fishing, we have great hopes, yet the whole School (as it is there termed) suddenly left them, as if Heaven would punish them with the torment of Tantalus: whereby the Merchants made not half as formerly, and yet the diligent, and painful By-boats came off indifferently well. And now they are accosted with more violence than before, and new methods proposed for their eradication; New errors are alleged, though they had complied with the Articles of the Patent of Newfoundland enlarged by his present Majesty; yet a new Project is set on foot, and that is to propose for an Act, That all the men in one Ship must be under one Master, and make one share. What shall then the Planters do? They must be encouraged and supplied, otherwise must leave the Country, which being not inhabited is free for any other Nation; Possession being the only inheritance thereof. But if this be complied withal by them, if they thrive that way, than I am confident there will be new Errors found out. I remember I have read, that the Emperor Frederick's Physicians being asked what did most sharpen the sight, it was variously answered, Herba Euphrasia, Foeniculi, Celendinae, Tutiae calam, Optic Glasses, etc. A by-stander replied, nothing would do it better than Envy. It is clearly manifest that the complainers designs are wholly to Extirpate the Defendants, not to rectify the miscarriages, and hindrances of the Trade, pretended to be created by them.  
But I cannot but wonder how that assembly at Modbury could escape being noted as a Seditious Confederacy, Many had the Sagacity to avoid it who were yet enemies to By-boats: Surely they had come within the Mulct of the Act against Seditious Conventicles, had it been then in force, it being evident (according to the incomparable Lord Bacon, ut supra) that Invidia, the Latin word for Envy, goeth in the Modern Languages for Discontentment, and Sedition is the Effect of Discontent, etc. Now that that act of the Plaintiffs was Envious is apparent to any, Inasmuch as (according to my own most certain knowledge) those that do most stickle at it, do themselves not only take Passengers to freight on their own Ships, but have been concerned in the Voyage with Boat-keepers. There remaineth now that I accumulate the general Objections urged by Merchants, and answering them I shall add something in defence of By-boats.  
Objection 1. The First, and most seemingly formidable of all their Arguments, or Objections is, That they engross to themselves the most able Fishermen in the Country: inducing them by large wages, and greater privileges than can possibly be granted to such as properly belong to Ships: Hereby the choice being taken off, none are left for the Merchants employ but the inferior, and less capable sort, by which the Ships are manned only with such as may be said to be the refuse of the others.  
Ans. This is so notoriously false, that any man using the Country cannot but be acquainted, how that those who one season served By-boats, another serve on Ships; and most do by a kind of Vicissitude or circulation, serve in either successively, And indeed that which maketh those in By-boats appear so able, is their extreme diligence, and indefatigable labour, beyond those of Ships; I mean in fishing, though God knoweth the Twelve labours of Hercules, had they been really acted, were scarce able to endure competition with the general toil of men in this Country, which is so great as no tongue is able to express it. Now that which prompts and encourageth them to this more than common diligence & pains; is occasioned by the policy of their Masters, who concern the Boats-masters in some small part of the voyage beyond their shares of the Thirds: A notable way and a spur to those Horses (in labour) which is not to be found in Ships crews. Now I would fain know, If the world can produce a man, that will so much act beyond (were it possible) his own strength to serve another, as to serve himself. I will instance one notorious Example. There was one John Beard in 1668 that belonged to a Ship of fourteen Boats, upon account of one Mr. Martin their Owner of Plymouth, who proved so Lazy, Careless, and Unable, that at the return for England he was denied his wages, and it was given to the Poor of the Parish he lived in: This same man, to my knowledge, the year after, becoming interested and part Owner of two Boats kept in St. John's by one Robert Martin, went himself Master of one of them, where night and day he so plied his work, that they made 320 and odd Kentals for each, when the common Voyages in the same Harbours were about 160 kentals per Boat: Several not 120 kent. This famous act of his industry made him reputed an able man again, and therefore was hired by a Planter in the same Harbour for 24 l. to be a Master of one single Boat the poor Planter kept the following year: When being uninterested, and having good wages, he fell to his old tricks, and caught less Fish for his Boat then any among two hundred that were then in the Harbour; and was trebly exceeded by many. I have known the like complained of by others.  
Object. 2. That the By-boats give greater wages, which hath raised men to that height, that Masters cannot live to give it, nor Owners to allow it.  
Ans. But this is so weak and trivial, that it hardly merits answer, when it shall be considered, whether Merchants, which set out for that design at cheaper rates than By-boats can do, who pay the dearest rate for freight, etc. Every thing cannot live to give as good and as great encouragement to men by wages as the others. Moreover, I have examined the Case, and found, that generally By-boats give far less than others. The None-Such of Dartmouth having 15 Boats-crew on private account, had not one Boats-master (1670) that had above one share and six pounds, whereas I know several in Ships had one share and eight pounds. If any to salve this allege, it is because the men are mostly willing and affected to the Boat-keepers, than the Objection is answered by themselves, and their giving great wages is not that which injureth the Merchant, or inclineth the men from Ships accounts.  
Object. 3. That By-boats breed not up green men, viz carry Youths to Sea as Ships do, to nourish them in the way of Trade, and for service of his Majesty on occasion at Sea.  
Ans. Which is altogether untrue, for according to Rate they carry as many Youths as commonly are belonging to the Ships. This is evident to any one who shall but rightly examine it by an inquiry at home, or in the Country.  
Object. 4. New-England Fishery being decayed, is urged as an Argument against By-boats for Terra Nova, upon consequence supposing the same fate to Newfoundland, if they are permitted, as they have been in New-England.  
Ans. This is purely Sophistical, and not liable to any proof; For who can affirm, that By-boats have been the cause of that: Indeed the Cultivation of the ground ashore, the Amendment of the Air, and the Population of that Country may with good reason be urged in the case: For without doubt, there remains a kind of an Antipathy in those Animals, as in all others, against whatever is humane, which is the effect of that awe God gave them to their Superior Creature Man, as is evident in all Animals of the Land, Sea, or Amphibious▪ And it is very probable to be occasioned, as above, because of the proximate Countries of Nova Scotiae, Terra Nova, etc. where the land is uncultivated, and almost not inhabited, the Fish continueth almost as formerly, What abatement there is, may by any that own a Remunerative Justice and Providence, be attributed in part to the Justice of Heaven, for our Ingratitude, Envy, etc. and subordinately to the frequent Fires in the Woods, whereby the Fir and Spruss trees being burnt, the Turpentine and Tarr runs on the ground, which when Rain cometh is washed into the Rivers, whereby the Sea is also become embittered, which destroyeth the Bait, and chaseth off the Fish: It having been observed to be true upon the great Fires, which often happen in the Woods, which though green is very combustible. But as to that of New-England, the Fishing beginning to fail, Merchants were forced to forsake the Trade, upon which only (such as are in Newfoundland) By-boats enter into the Trade, and by their diligence (beyond Ships companies) they being but few, do live well upon the Trade, and do find Fish fourteen, sixteen leagues from the land to be very plenty: which maketh for the truth of our supposition in the beginning of this Answer, viz. That the gust of the waters are altered, which puts the Fish from the shore.  
Object. 5. That this being a matter of Trade properly belongeth to Merchants, for their Privileges and way being encroached upon, Trading by degrees will fail.  
Ans. But how properly catching of Fish may be called the work of a Merchant any more than Planting Tobacco, Sugar, Indigo, I know not, If so, there are more Merchants in Barking, Tarrkey, Bobicom, Looe, Mountsbay, and Sorlings, then in London. Moreover, the most of those pretending injury by the By-boats in Newfoundland, are no more Merchants than myself, who am none, they being so only in Title, and impropriation; and so deserve oppugnation as much as By-boats. Men of divers Trades at home, adventuring under the way and notion of Merchants, only to catch Fish, and sell it there, to others, not hazarding it abroad themselves, which is that which only merits the name of Trade: And these forsooth must subscribe to the Petition against By-boats, under the name of We the Merchants, etc.  
I know not what more can be Objected, or hath been urged by the sharpest enemies against By-boats, as the present case standeth; and I verily believe were those Articles ever so strictly observed, which have been made against those men, yet they thriving that way, will questionless be reproached again of being other ways inconvenient to the way of Fishery.  
We come now to our last work, the sum and conclusion of the present Task, and that is to lay down some Arguments in behalf of those envied men, in whose defence I have taken up the Gauntlet, and undertook to answer the Challenge, and certainly I have that Charity for the Reasons to be urged in their behalf, as to think they will satisfy any person, not altogether bend against Information, and whose pertinacity is not Reason-proof.  
First, That the violence of the oppositions used against these men hath but set them in a more absolute, and convenient way than they formerly acted in, for from being Passengers they drove them to freight Ships, and some of them to be Owners. Under which way they cannot prevent or deny them to follow the Fishery, except they deny the Merchants also: And do they still proceed by their indirect opposition they will in fine rather advance, than any way suppress them, by compelling them to ascend to be perfect Owners of Ships themselves, and then they will be a greater Eyesore than now: Even as the Christians thrived wonderfully under the most Barbarous Persecution: and as by Antiperistasis, (some believe) Heat is fortified by the environ of Cold, & contra: So do these thrive and strengthen under the evil eye of their Opposers; like Antaeus, and as Ovid de Arto Amandi said of Love, Adverso tempore, crevit amor; so I say of these Oppositions, Difficultas acuit conatum.  
2. That these By-boats are more advantageous in the Fishing then Ships crews, for their exceeding industry and success, do catch more Fish generally according to proportion then the others, and at no greater charge of Men or Provisions, (excepting Salt) than those that possibly do not catch half so much: and myself have known Masters of Voyages acting for Merchants, (though professed enemies to By-boats) have desired to have had their Stages nearest to those of the By-boats, that the interested industry of the one, might be a spurr to the other, and most Masters Fishing in any Harbour upon account of Merchants, will rail and rebuke their Fishermen, for not bringing in as much Fish as those of By-boats: Now if (as hath been alleged) the By-boats men are the most able, how can the Masters expect their men to equal them? or what pertinence, or ground of complaint can be upon the comparison of their own men with the others; when they bring not home the like quantity of Fish as others do, whom they confess to be far abler men, and make their difference to be the greatest ground of their complaint at home?  
3. That men and Ships are employed, Provisions expended, Fish caught, etc. every way proportionably by By-boats, as by the others, so that the King in his Custom, or the Nation in the employment of the people, etc. have no cause of complaint.  
4. That many of the Complainers against By-boats, do tacitly accuse themselves, they deserving no other name and appellation, although they assume the Title of Merchants, when, de facto, they are of all Trades, and some the most inferior Mechanics.  
5. That it is the Fishermen being interested in the Voyage (as I have said) is the alone cause of their exceeding others, sufficiently proved in the example above quoted.  
6. It is sufficient profit for the Merchant to have the Sale and Transportation to the Market of all the fist catcht in the Land, and not to be also Fishermen: as hath been already spoken to.  
7. That were the whole Trade engrossed into the hands of such as go not to the Country themselves, both Masters and Men would be constrained to labour upon Merchant's terms, which with the bad Voyages hath driven many to become By-boats, as themselves have confessed: and were Men and Masters brought to such low wages as Merchants would give, they could not possibly live by the employment; Now if those that keep Boats can allow themselves & men good wages etc. why cannot Merchants do the same?  
8. The real Merchant's gain by those men, who with the Planters are only Merchants to buy the Wine, Brandy, Malt, Salt, Bread, Provisions, etc. which is yearly Transported, by which the Merchants are often considerable gainers. Now if all were Ships crews they would each bring his own Provisions, and so nothing would be vendible to encourage the Merchant to send thither to buy off the Fish.  
9 That a Merchant in Dartmouth, who hath all along appeared the most bitter and violent against By-boats, and in Anno 1664 furiously acted against them, did, to my knowledge, in 1669 send two Boats crew passengers on a Ship wherein he was part concerned, and in a Ship of his at the same time permitted six men belonging to Thomas Bickford a By-boat-keeper to have passage, and the same Bickford had four men more passengers upon a Ship wherein Mr. E. S. of London was concerned: The first Merchant hinted in this Article is Mr. A. M. the Ship called the Unity of Dartmouth, and Fished that Voyage in St. Jones.  
10. That the one quarter part of the pretenders to suffer by By-boats, and of those that complain against them are altogether ignorant wherein the cause of that injury lieth, and do no more understand the reasons of those things they proceed upon, than they do to build Castles in the Air; but being fed with the fancy of others, yelp out the same Logic, and draw Conclusions without any other Premises than such as they cannot make good (if denied) but by quoting them as the opinion or dictates of another, without Reason or Demonstration; and yet I observe none more active and vehement than those. Nay further, I have observed many pretending to the Title of Merchants, and altogether unconcerned in the Newfoundland Trade, have with such ignorance declaimed against By-boats, when upon examination they know not what By-boats were, and wherein the discrepancy between them and Merchants stood. So peremptory is the ignorance of Meddlers, that they will give answer to questions they never heard stated: A gift I never met with, or heard of in any mere Man, except Daniel, who indeed Interpreted the King of Babylon's Dream when it was not told him. Now let any judge of the validity of such men's appearing in the Case, and what a grand abuse is offered to the Honour of the Supreme Powers by thus prevaricating in Petitions.  
I will Conclude with one Observation I made lately: Being at the Posthouse in— where Merchants meet to look for News and Letters, there came in a servant of a Merchant of the City (chief active against By-boats) and brought a Blank Sheet of Paper, and got above Forty subscriptions to nothing; Now myself being called to subscribe, I demanded for what? The man answered it was to be put to a Petition against Passengers to the Newfoundland, I refused, but saw several subscribe for company sake, who were neither Merchants, nor understood the matter: all that came for Letters put their hands to it, except myself, and yet no Petition to be seen; so that they put their Names to they knew not what.  
We hope these things will be considered, and the Laborious encouraged, and find the truth of those Verses of Claudian  
Fallitur, egregio quis qu is sub principe credit  
Servitium: nunquam libertas gratior Extat  
Quam sub Roge pio—  
He knows no bondage whom a good King sways,  
For freedom never shines with clearer rays  
Then when brave Princes Reign—  
That which hath so vehemently Incensed Merchants at home against By-boats, Is the bad Voyages which of late have been made in that Country, the cause of which hath been falsely laid on By-boats, when indeed the multitude of Ships & Boats there, and the unreasonable pressing of Ships full of men, and the untimely and early departure of one before another is partly the cause, this year 1670 several departed 30 days before the main body of the Fleet, and only to anticipate and forestall others of places, whereby they were at a vaster expense, and moreover did by the early intolerable cold almost kill the men, before the Fish came on the Coast; when those that came last fared as well, & with less charge to themselves, and damage to their men, and so could better endure a bad Voyage than others. It would be better if all Ships were bound not to sail until March, and that the proportion of one man to two Tons were commanded, and that some abuses in the Country were rectified, but of that let those endeavour the emendation, who are the sufferers thereby.  
I have no more to add, only crave the Readers candour to wink at the faults of the Printer, or Author. I mean those that are Literal: It was penned at first Raptive, and in haste, and hath not had a due Revision: The reason inducing me to be Anonymus, in this, relates to myself. I am as unwilling to have the Smile of the one party, as to Incense the Spleen of the other: I hope the not nameing the Author, will no way Invalidate, or prejudice the Discourse.  
FINIS.