1. Establishment of the Church of England.
2. Any attempt prejudicial to Her Majesty's rights in the territory to be punished as in a case of High Treason.
3. Anyone uttering words of dishonour to Her Majesty should lose his ears and have his goods and ship confiscated.
"To be brief," concludes the same authority, "Gilbert dyd lette, sette, give, and dispose of many things as absolute Governor there by virtue of Her Majesty's letter patent."
The passage in which Captain Hayes describes the Newfoundland of his day must be of such interest to its present inhabitants that it is worth while to set it out in full:
"That which we doe call the Newfoundland, and the Frenchmen Bacalaos, is an island, or rather (after the opinion of some) it consisteth of sundry islands and broken lands, situate in the north regions of America, upon the gulph and entrance of the great river called S. Laurence in Canada. Into the which navigation may be made both on the south and north side of this island. The land lyeth south and north, containing in length betweene three and 400 miles, accounting from Cape Race (which is in 46 degrees 25 minuts) unto the Grand Bay in 52 degrees of septentrionall latitude. The iland round about hath very many goodly bayes and harbors, safe roads for ships, the like not to be found in any part of the knowen world.
"The common opinion that is had of intemperature and extreme cold that should be in this countrey, as of some part it may be verified, namely the north, where I grant it is more colde than in countries of Europe, which are under the same elevation: even so it cannot stand with reason and nature of the clime that the south parts should be so intemperate as the bruit hath gone. For as the same doe lie under the climats of Briton, Aniou, Poictou, in France, between 46 and 49 degrees, so can they not so much differ from the temperature of those countries: unless upon the out coasts lying open unto the ocean and sharpe winds, it must in neede be subject to more colde, then further within the lande, where the mountaines are interposed, as walles and bulwarkes, to defende and to resiste the asperitie and rigor of the sea and weather. Some hold opinion, that the Newfoundland might be the more subject to cold, by how much it lyeth high and neere unto the middle region. I grant that not in Newfoundland alone, but in Germany, Italy, and Afrike, even under the Equinoctiall line, the mountaines are extreme cold, and seeldome uncovred of snow, in their culme and highest tops, which commeth to passe by the same reason that they are extended towards the middle region: yet in the countries lying beneth them, it is found quite contrary. Even so all hils having their discents, the valleis also and low grounds must be likewise hot or temperate, as the clime doeth give in Newfoundland, though I am of opinion that the sunnes reflection is much cooled, and cannot be so forcible in the Newfoundland nor generally throughout America, as in Europe or Afrike: by how much the sunne in his diurnall course from east to west passeth over (for the most part) dry land and sandy countries, before he arriveth at the West of Europe or Afrike, whereby his motion increaseth heate, with little or no qualification by moyst vapours, where on the contraire, he passeth from Europe and Africa unto America over the ocean, from whence it draweth and carrieth with him abundance of moyst vapours, which doe qualifie and infeeble greatly the sunne's reverberation upon this countrey chiefly of Newfoundland, being so much to the northward. Neverthelesse (as I sayd before) the cold cannot be so intollerable under the latitude of 46, 47, and 48, especiall within land, that it should be unhabitable, as some doe suppose, seeing also there are very many people more to the north by a great deale. And in these south partes there be certain beastes, ounces or leopards, and birdes in like manner which in the sommer we have seene, not heard of in countries of extreme and vehement coldnesse. Besides, as in the monethes of June, July, August, and September, the heate is somewhat more than in England at those seasons: so men remaining upon the south parts neere unto Cape Rece, until after Hollandtide, have not found the cold so extreme, nor much differing from the temperature of England. Those which have arrived there after November and December have found the snow exceeding deepe, whereat no marvaile, considering the ground upon the coast is rough and uneven, and the snow is driven into the places most declyning, as the like is to be seen with us. The like depth of snow happily shall not be found within land upon the playner countries, which also are defended by the mountaines, breaking off the violence of the winds and weather. But admitting extraordinary cold in these south parts, above that with us here: it cannot be so great as that in Swedland, much less in Muscovia or Russia; yet are the same countries very populous, and the rigor of cold is dispensed with by the commoditie of stoves, warme clothing, meats and drinkes; all which neede not to be wanting in the Newfoundland, if we had intent there to inhabite.
"In the south parts we found no inhabitants, which by all likelihood have abandoned those coastes, the same being so much frequented by Christians: but in the north are savages altogether harmlesse. Touching the commodities of this countrie, serving either for sustentation of inhabitants, or for maintenance of traffique, there are and may be made; so and it seemeth Nature hath recompensed that only defect and incommoditie of some sharpe cold, by many benefits: viz., with incredible quantitie and no less varietie of kindes of fish in the sea and fresh waters, as trouts, salmons, and other fish to us unknowen: also cod, which alone draweth many nations thither, and is become the most famous fishing of the world. Abundance of whales, for which also is a very great trade in the bayes of Placentia, and the Grand Bay, where is made trane oiles of the whale. Herring, the largest that have been heard of, and exceeding the alstrond herring of Norway: but hitherto was never benefit taken of the herring fishery. There are sundry other fish very delicate, namely the bonits, lobsters, turbut, with others infinite not sought after: oysters having pearle but not orient in colour: I took it by reason they were not gathered in season.
"Concerning the inland commodities as wel to be drawen from this land, as from the exceeding large countries adioyning; there is nothing which our east and northerly countries doe yeelde, but the like also may be made in them as plentifully by time and industrie: namely, rosen, pitch, tarre, sope, ashes, deel boord, mastes for ships, hides, furres, flaxe, hempe, corne, cables, cordage, linnen-cloth, mettals, and many more. All which the countries will aford, and the soyle is apt to yeelde.
"The trees for the most in those south parts, are firre trees, pine and cypresse, all yielding gumme and turpentine. Cherrie trees bearing fruit no bigger than a small pease. Also peare trees, but fruitlesse. Other trees of some sorts to us unknowen.