1610.
May 2. |
50. Letters Patent to Henry Earl of Northampton, Keeper of
the Privy Seal; Sir Laurence Cranfield, Chief Baron of the Exchequer; Sir John Doddridge; Sir Francis Bacon, Solicitor General;
Sir Daniel Dunn, Sir Walter Cope, Sir Percival Willoughby, and
Sir John Constable, John Weld, Esq., Wm. Freeman, Raphe
Freeman, John Slany, Humphrey Slany, Wm. Turner, Robt.
Kirkham, John Weld, gent., Rich. Fishborne, John Browne,
Humphrey Spencer, Thos. Juxon, John Stukeley, Ellis Crispe,
Thos. Alport. Fras. Needham, Wm. Jones, Thos. Langton, Phillip
Gifford, John Whittington, Edward Allen, Richard Bowdley,
Thos. Jones, Simon Stone, John Short, John Vigars, John Juxon,
Rich. Hobby, Robt. Alder, Mathew Haviland, Thos. Aldworth,
Wm. Lewes, John Guy, Richard Hallworthie, John Langton,
Humfrey Hooke, Philip Guy, Wm. Merridith, Adrian Jenninges,
and John Dowghtye, their heirs and assigns, to be one body or
"commynalty,"known and incorporated by the name of the
Treasurer and Company of Adventurers and Planters of the City
of London and Bristol for the Colony or Plantation in Newfoundland. Being desirous to establish a colony or colonies in the
southern and eastern parts of Newfoundland, unto the coast and
harbour whereof our subjects for fifty years and upwards yearly
used to resort in no small numbers to fish, intending to secure said
trade of fishing for ever, We, being well assured that the lands
and countries adjoining said coasts where our subjects used to fish
remain so desolate of inhabitants that scaree any one savage person
hath in many years been seen in the most parts thereof, and well
knowing the same is very commodious for us and our dominions,
and that by the law of nature and nations we may possess ourselves and make grant thereof without doing wrong to any other
Prince or State, considering they cannot justly pretend any
sovereignty or right thereunto, in respect the same is not possessed or inhabited by any Christian or any other whomsoever;
and therefore thinking it an action well beseeming a Christian
King to make true use of that which God created for mankind,
but principally to increase the knowledge of the Omnipotent God
and the propagation of our Christian faith, We have accepted their
suit, and by these presents grant to those above named all that
portion of Newfoundland, with the reservations and limitations
hereafter expressed, to the southward of the parallel line to pass by
the Cape Bonwiste (Bonavista ?) inclusive, which cape is to the
northward of Trinity Bay, and to the eastward of the meridian
line to pass by Cape Saint Maries inclusive, which cape is to the
eastward of Placentia Bay, together with the seas and islands
within ten leagues of the sea coast, and all lands and islands
between 46 and 52 degrees of N. latitude, with all mines,
minerals, and precious stones, fishings, huntings, and commodities,
&c., and all prerogatives, royalties, franchises, &c., whatsoever.
Nevertheless that there be unto all persons of what nation soever,
and to our subjects who do at present or hereafter shall trade to
the parts aforesaid for fishing, all liberties, powers, and easements,
and all other benefits whatsoever, as well concerning their said
fishing as all other circumstances, in as large and ample manner
as they have heretofore enjoyed the same, without disturbance or
exaction, anything in these presents to the contrary notwithstanding. To have and to hold said lands and territories to the
sole and proper use of said Treasurer and Company, their successors
and assigns, as of our manor of East Greenwich, paying the fifth
part of gold and silver ore. A Council of twelve persons resident
in London to be established, to order and govern all matters arising
in said plantation. Said Council to have a seal besides the legal
seal of the Company, with arms on one side and our portraiture on
the other side; the legal seal to have engraved on both sides the
words: Sigillum Thesaurarii et Commitatis Terre Nove, and the
seal for the Council on one side Sigillum Magni. Britan. Frane
et Hibern., and on the other side Per Consilio Terre Nove. Sir
Pereival Willoughby, John Weld, Esq., Raphe Freeman, Rich.
Fishburne, John Stukely, Wm. Turner, Wm. Jones, John Slany,
Hump. Slany, John Weld, gent., Thos. Juxon, and Thos. Jones to
be the Council, John Slany, Treasurer, with authority to warn the
Council and summon the Company to their Courts and meetings,
said Council and Treasurer to be hereafter chosen out of the Comp.
by the voice of the greater part. With power to make a coin
to pass current in said Territories of Newfoundland, of such metal
and form as said Council shall appoint. The Treasurer to have
power to appoint a Deputy with consent of the Council, in case
of sickness or otherwise absent. And the Council to appoint
Governors, Officers, and Ministers for the government of any colony
in said territories, and to establish laws, &c., necessary for the
government of said colonies, and revoke same, as also upon the
seas in going to and fro. From the time of the arrival in Newfoundland of such Governor or principal Officer appointed by said
Council and his giving notice of his Commission, all Officers,
Governors, and Ministers formerly constituted shall be discharged,
and upon their allegiance be obedient to such government With
power to said Treasurer and Council, or any five of them, the
Treasurer being one, to grant the freedom of their Company, with
consent of the majority, and upon good cause to disfranchise any
person. Power to dig for minerals and enjoy the same, paying to
us, our heirs and successors as aforesaid; also to take over our
subjects or any strangers that will become so and live under our
allegiance, with shipping, ordnance, victuals and merchandize,
cattle, horses, and all other necessaries for the use, defence, and
trade of the people there if any be inhabiting, without payment of
custom or any other tax for seven years from the date of these
presents, and to be free of subsidies and customs in Newfoundland
for one and twenty years, and from all taxes and impositions for
ever upon any imports or exports to or from England or our
dominions, except five per cent. when it shall be lawful to carry
them into foreign parts, provided said goods be shipped out within
thirteen months after the first landing within any part of those
dominions. Power to Governor and Officers of said Council of
government over any colony or plantation in the limits aforesaid,
and to resist by force of arms, by sea and land, any attempting to
inhabit within said limits without license, and to seise their ships
and goods; and being allowed by said Comp. to be adventurers
or planters, to pay, over and above the subsidy and custom paid
by said Comp., five per cent. upon all goods brought in other than
for the necessary use of fishing as hath been heretofore accustomed, and also five per cent. upon all goods shipped out from
thence with said exception, and strangers and not under our
obedience, ten per cent., which for twenty-one years shall be
wholly employed for the benefit of said Company or plantation,
after which same shall be taken to the use of us, our heirs and
successors. All persons inhabiting said colony being our subjects,
with their children born therein, to be free denizens and natural
subjects. And forasmuch as it shall be necessary for all who
shall inhabit within the territories of Newfoundland to determine
to live together in the fear and true worship of Almighty God,
Christian peace, and civil quietness each with other, whereby
every one may with more safety, pleasure, and profit enjoy that
whereunto they shall attain with great pains and perils, abselute
power is granted to said Company to punish, pardon, and govern
all inhabiting within said territories or in the way by the seas
thither, as well in cases criminal as civil and marine, as near as
conveniently may be to the laws of England, with power of martial
law in rebellion or mutiny. If any adventurers or planters of
said colony transport money or goods out of our kingdom for said
territories and carry same into any foreign country, said goods,
chattels, and ships shall be forfeited to us, our heirs and successors.
All questions and doubts in these Letters Patent to be interpreted
in the most beneficial manner to said Company. All adventuring
any sums of money towards said colony or Colonies in Newfoundland, who shall be admitted and enrolled in the book or
record of adventurers of said Company, to have the same benefits
and privileges as though their names were inserted in these Letters
Patent. Lastly, because the principal effect which we can desire
or expect of this action is the conversion of the people in those
parts, if any be there inhabiting, unto the true worship of
God and Christian religion, in which respect we would be loth
that any person should be permitted to pass that we suspect to
affect the superstitions of the Church of Rome, that none be permitted to pass to said territories without taking the oath of
supremacy before said Treasurer and Council of said Company.
Provided always, that if any persons of said colony rob or spoil,
by sea or land, any of our subjects or of those in amity with us,
and after proclamation shall not make full restitution and satisfaction, it shall be lawful to pursue said offenders with hostility.
[Patent Roll, 8 Jas. I., Part 8.] There is an extract only of this
patent in 1st Vol. of this Calendar, p. 21, No. 41, I. Palends were
also granted to Sir Geo. Calvert on 31 Dec. 1622 and on 7 April
1623, and to the Marquis of Hamilton, Earl of Pembroke. Earl of
Holland, and Sir David Kirke, on 13 Nov. 1637. See La Vol. of
this Calendar, p. 260. |
