The Virginia Company pretend almost all that main twixt it and Newfoundland to be their fee-simple, whereby many honest and able minds, disposed to adventure, are hindered and stopped from repairing to those places that they either know or would discover, even for fishing.
As a matter of fact, there was continuous wrangling in London over the fishing rights off the entire coast administered by the Virginia Company. The proposed settlers of the Northern Colony in New England had fishing uppermost in their minds and would have been glad to exclude fishermen coming from the Southern Colony. Minutes of meetings of the Company reveal how earnest was the struggle:
December 1, 1619. The last great general court being read, Mr. Treasurer acquainted them that Mr. John Delbridge, purposing to settle a particular colony in Virginia, desired of the Company that for defraying some part of his charge he might be admitted to fish at Cape Cod. Which request was opposed by Sir Ferdinando Gorges, alleging that he always favored Mr. Delbridge but in this he thought himself something touched that he should sue to this Company and not rather to him as the matter properly belonged to the Northern Colony to give liberty for fishing in that place, it lying within their latitude. This was answered by Mr. Treasurer that the Companies of the South and North Plantations are free of one another and that the patent is clear that each may fish within the territory of the other, the sea being free for both. If the Northern Company abridged them of this, they would take away their means and encouragement for sending out men. To which Sir Ferdinando Gorges replied that if he was not mistaken both the Companies were limited by the patents unto which he would submit. For the deciding whereof it is referred to the Council, who are of both Companies, to examine the patents tomorrow afternoon at the Lord Southampton's and accordingly to determine the dispute.
Two weeks later the Council gave its decision: Either Colony could fish within the bounds of the other. But this was by no means an end to the matter. The Northern Colony requested a new patent to resolve the disputes. With suggestions and counter-suggestions, the debate dragged on through the spring, summer and fall. About the time the Northern Colony had arranged to exclude the Southern Colony from free fishing, the King stepped in, declaring that "if anything were passed in the New England patent that might be prejudicial to the Southern Colony it was done without his knowledge and that he has been abused thereby by those that pretended otherwise to him." Finally, after a year-and-a-half of cross-purposes, agreement was reached:
June 18, 1621. There was a petition exhibited unto His Majesty in the name of the patentees and adventurers in the plantation of New England concerning some difference between the Southern and Northern Colonies, the said petition was by His Majesty referred to the consideration of the Lords. Their Lordships, upon the hearing and debating of the matter at large and by the consent of both Colonies, did establish and confirm two former orders, the one bearing date of the 16th of March 1620, agreed upon by the Duke of Lenox and the Earl of Arundell; the other of the 21st of July 1620 ordered by the Board whereby it was thought fit that the said colonies should fish at sea within the limits and bounds of each other reciprocally, with this limitation that it be only for the sustentation of the people of the Colonies there and for the transportation of people into either Colony. Further it was ordered at this time by their Lordships that they should have freedom of the shore for drying of their nets and taking and saving of their fish and to have wood for their necessary uses, by the assignment of the Governors at reasonable rates. Lastly the patent of the Northern Colony shall be renewed according to the premises, and those of the Southern plantation to have a sight thereof before it be engrossed and the former patent to be delivered into the hand of the patentees.
In an effort to encourage Virginians to salt their own fish, an order from London recommended the reopening of the old sea-water-evaporators on Smith's island, off Cape Charles, where salt had been produced in the first days. The Virginia Company advised the Governor and Council in 1620:
The last commodity, but not of least importance for health, is SALT: the works whereof having been lately suffered to decay; we now intending to restore in so great plenty, as not only to serve the Colony for the present, but as is hoped, in short time, the great fishings on those coasts, a matter of inestimable advancement to the Colony, do upon mature deliberation ordain as followeth: First, that you the Governor and Council, do chose out of the tenants for the Company, 20 fit persons to be employed in salt works, which are to be renewed in Smith's Island, where they were before; as also in taking of fish there, for the use of the Colony, as in former times was also done. These 20 shall be furnished out at the first, at the charges of the Company, with all implements and instruments necessary for those works. They shall have also assigned to each of them for their occupation or use, 50 acres of land within the island, to be land of the Company. The one moiety of salt, fish, and profits of the land shall be for the tenants, the other for us the Company, to be delivered into our store: and this contract shall be continued for five years.
The reply of Secretary of the Colony, John Pory, was something less than complacent:
The last commodity spoken of in your charter is salt; the works whereof, we do much marvel, you would have restored to their former use; whereas I will undertake in one day to make as much salt by the heat of the sun, after the manner used in France, Spain, and Italy, as can be made in a year by that toilsome and erroneous way of boiling sea water into salt in kettles as our people at Smith's Island hitherto accustomed. And therefore when you enter into this work, you must send men skillful in salt ponds, such as you may easily procure from Rochell, and if you can have none there, yet some will be found in Lymington, and in many other places in England. And this indeed in a short time might prove a real work of great sustenance to the Colony at home, as of gain abroad, here being such schools of excellent fish, as ought rather to be admired of such as have not seen the same, than credited. Whereas the Company do give their tenants fifty acres upon Smith's Island some there are that smile at it here, saying there is no ground in all the whole island worth the manuring.
Following this exchange, attempts at salt making, especially on the Eastern Shore where the waters were saltiest, were renewed. John Rolfe reported in 1621: