"Whereas many and dyvers townes and portes by the see side have in tymes past bene in great welthe and prosperitie well buylded by using and exercysing the crafts and feate of fisshing by the whiche practise it was not onelie great strengthe to this Realme by reason of bringing up and encreasing of Maryners whensoever the King's Grace had neede of them but also a great welthe to the Realme and habundance of suche wherebie oure sovereigne Lorde the King the Lords Gentilmen and Comons were alwais well served of fisshe in Market townes of a reasonable price and also by reason of the same fisshing many men were made and grewe riche and many poure Men and women had therebie there convenyent lyving—to the strengthe encreasing and welthe of this realme.

"And whereas many and dyvers of the saide fissherman for their singular lucre and advantage doe leve the said crafte of fisshing and be confederate w Pycardes Flemynghes Norman and Frenche-men and sometyme sayle over into the costes of Pycardie and Flaunders and sometyme doo meete the said Pycardes and Flemynghes half the see over.

"Penalty on subjects bying fishe in Flaunders &c., or at sea to be sold in England, £10.

"And be it furder enacted by the auctoritie aforesaide that it shall be lawful to all and every fissher estraunger to come and to sell.

"Provided furthermore that this Act or any thing therein conteyned shall not extende to any person whiche shall bye eny fisshe in any parties of Iseland, Scotlands, Orkeney, Shotlande, Ireland, or Newland [Newfoundland]."

The caution, however, suggested above must be borne in mind in noticing the earliest mention of Newfoundland; the name was indiscriminately applied to the island itself and to the neighbouring coasts, so that it is for some time impossible to be sure whether it is employed in the wide or narrow sense. It is certain, however, that the island was becoming well known. Its position as the nearest point to Europe made it familiar to the band of Northerly explorers. Verrazzano, a Florentine, in the service of France, determined to discover a western way to Cathay, sailed along America northward from North Carolina, and placed the French flag on the territory lying between New Spain and Newfoundland, which newly acquired territory was thenceforth designated Norumbega or New France. All such original annexations, whether pretended or real, were in the circumstances extremely ill-defined; and maps of the time were frequently vague, confusing, and contradictory. Cartier, on his way to sow the seeds of a French Empire in North America, sailed past the coast (1534), and on his second voyage (1535) foregathered with Roberval in the roadstead of St. John's. Still earlier, in 1527, a voyage was made to the island by John Rut, with the countenance of Henry VIII. and encouragement of Cardinal Wolsey, but the authorities for this voyage are late and unreliable. Purchas reproduces a valuable letter from John Rut (who was a better sailor than scholar) to the King, from which it appears that he found in the harbour of St. John's "eleven saile of Normans and one Brittaine, and two Portugall barks, and all a fishing," as well as two English trade-ships.[17]

The later adventure—"voyage of discovery"—of Master Hore, in 1536, which was undertaken "by the King's favour," is inimitably told by Hakluyt. His co-adventurers are described as "many gentlemen of the Inns of Court and of the Chancerie"; there were also a number of east-country merchants. After missing their proper course, and almost starving, they were succoured by a French vessel off the coast of Newfoundland. The gentlemen of the long robe had been out of their element up to this encounter, but Judge Prowse notes with proper professional pride the tribute of Hakluyt: "Such was the policie of the English that they became masters of [the French ship], and changing ships and vittailing them, they set sail to come into England." The extremities to which these adventurers were reduced before their relief is horribly illustrated by the narrative of Hakluyt:

"Whilst they lay there they were in great want of provision and they found small relief, more than that they had from the nest of an osprey (or eagle) that brought hourly to her young great plenty of divers sorts of fishes. But such was the famine amongst them that they were forced to eat raw herbs and roots, which they sought for in the maine. But the relief of herbs being not sufficient to satisfie their craving appetites, when in the deserts in search of herbage, the fellow killed his mate while hee stouped to take up a root, and cutting out pieces of his body whom he had murthered, broyled the same on the coals and greedily devoured them. By this means the company decreased and the officers knew not what was become of them."[18]

For many years we must be content with the knowledge that the fishing resources of Newfoundland were growing in reputation and popularity. Now and then the curtain is lifted, and we catch a glimpse of life on the island. Thus Anthony Parkhurst, a Bristol merchant, who had made the voyage himself four times, notes in 1578, in a letter written to Hakluyt containing a report of the true state and commodities of Newfoundland, that "there were generally more than 100 sail of Spaniards taking cod, and from 20 to 30 killing whales; 50 sail of Portuguese; 150 sail of French and Bretons ... but of English only 50 sail. Nevertheless, the English are commonly lords of the harbours where they fish, and use all strangers' help in fishing, if need require, according to an old custom of the country."[19]

Clearer still is our information when the ill-fated Sir Humphrey Gilbert, the half-brother of Raleigh, visited the island in 1583. Already in 1574 Gilbert, together with Sir Richard Grenville, Sir George Peckham and Christopher Carleill, applied for a patent with a view to colonizing "the northern parts of America"; but, though a sum of money was raised in Bristol for this object, the scheme fell through. Gilbert's perseverance, however, was by no means checked. For in 1577 he submitted a project to Lord Burleigh, asking for authority to discover and colonize strange lands, and incidentally to seize Spanish prizes and establish English supremacy over the seas. The following year he received a patent to discover, colonize, fortify, own and rule territories not in the possession of friendly Christian Powers—subject to the prerogation of the Crown and the claims of the Crown to a fifth part of the gold and silver obtained. His settlements were to be made within a period of six years. Having obtained the support of such men as Sir George Peckham, Sir Walter Raleigh, Sir Philip Sidney, Richard Hakluyt, Thomas Aldworth, as well as of Sir Francis Walsingham, the anti-Spanish minister, and of Bristol merchants,[20] Gilbert set sail on June 11th, 1583, from Plymouth with five vessels—the Raleigh (200 tons) which was equipped by Sir W. Raleigh, acting as vice-admiral, the Delight (120 tons) on which was Gilbert, as admiral, the Swallow (40 tons) the Golden Hind (40 tons), and the Squirrel (10 tons). Two days later the Raleigh returned on the ground, it seems, that her captain and many of her men had fallen sick. The entire crew consisted of 260 men, including shipwrights, masons, carpenters, smiths, miners, and refiners. They took with them a good variety of music "for solace of our people, and allurement of the savages"; a number of toys, "as morris dancers, hobby horsse, and many like conceits to delight the savage people, whom we intended to winne by all faire meanes possible"; and also a stock of haberdashery wares for the purpose of barter. Gilbert reached St. John's on August 3rd, 1583, with his four vessels, and found in the harbour twenty Spanish and Portuguese ships and sixteen English ships. The latter made ready to give battle to the newcomers; but as soon as the English vessels were informed of the mission, "they caused to be discharged all the great ordnance of their fleet in welcome," and soon afterwards entertained their guests at their "summer garden." The great importance of the errand was recognized, for it had no less an object than to take possession of the island in the name of Queen Elizabeth, by virtue of Cabot's discoveries, and the later acts of occupation. Even then the small town of St. John's was not without pretension to the amenities of social life. One, Edward Haie (or Hayes), who was present—indeed he was the captain and owner of the Golden Hind—and who has left us an account of the expedition,[21] speaks of it as a populous and frequented place. According to the same account, possession was taken of the territory on August 5th: "Munday following, the General had his tent set up, who being accompanied with his own followers, sommoned the marchants and masters, both English and strangers to be present at his taking possession of those countries. Before whom openly was read and interpreted unto the strangers of his commission: by vertue whereof he tooke possession in the same harbour of S. John, and 200 leagues every way, invested the Queenes Majestie with the tith and dignitie thereof, had delivered unto him (after the custome of England) a rod and a turffe of the same soile, entring possession also for him, his heires and assignes for ever: and signified unto al men, that from that time forward, they should take the same land as a territorie appertaining to the Queene of England, and himself authorized under her majestie to possesse and enjoy it. And to ordaine lawes for the government thereof, agreeable (so neere as conveniently might be) unto the lawes of England: under which all people comming thither hereafter, either to inhabite, or by way of traffique, should be subjected and governed." Gilbert's authority was not seriously questioned; by virtue of his commission he "ordained and established three lawes to begin with." They are given by Hayes as follows: