Different Charters granted—Rules and Regulations of the Star Chamber—Of appointing a Governor—Additional Rules—Report against a Governor—Sir John Berry’s Advice—Bye Boat-keepers, what?—Question of a Colony argued—Stat. 10 & 11. Will. 3. c. 25.
Different Charters granted.
Newfoundland, like other new discovered lands in America, was endeavoured to be settled, and improved by means of charters granted from the crown; it being hoped that individuals would, in this manner, be tempted to pursue the public advantage, through the medium of their private interest. Charters were granted at five different times. The first was in 1578 to Sir Humphry Gilbert, who had thereby full power given him to possess all lands in Newfoundland not in actual possession of any Christian prince. By virtue of this authority, he, in 1583, landed in St. John’s Bay, and we are told, that calling together both English and strangers then fishing, he took possession of the country in the queen’s name, and erected the arms of England upon a pillar of wood, in testimony of her majesty’s sovereignty.
The second charter was granted in 1610 by king James, to the Earl of Northampton, Sir Francis Bacon, and several others, by the name of the Treasurer and Company of Adventurers and Planters of the City of London and Bristol, for the Colony in Newfoundland, with all the usual prerogatives and immunities; but in this grant there was a reserve to all persons of an entire liberty to fish.
The third charter was granted to Sir Geo. Calvert (the grantee of the province of Maryland) and his heirs, of a tract of land called the Province of Avalon, lying to the south east point of the island, extending between ports Fermose and Aquafort to Petty Harbor, and from thence westward to the bay of Placentia. There was also a grant to him of the property of all islands lying within ten leagues of the eastern shore, together with the fishing of all sorts of fish, saving to the English the free liberty of fishing, salting, and drying of fish.
The fourth charter was granted in 1628, to the Marquis of Hamilton, the Earl of Pembroke, Earl of Holland, Sir David Kirk, and others; and under pretence that Lord Baltimore (the heir of Sir Geo. Calvert) and other proprietors, had deserted the plantation, this grant included the province of Avalon. In this grant it was provided, that no person should plant or inhabit within six miles of the sea shore between cape Race and cape Bonavista.
Thus far did the crown go in the granting of four exclusive rights in Newfoundland. But this detail gives us no information as to the constitution and regulation of the island, its trade and fishery. On this head we find, that in 1615 Captain Richard Whitburne was sent out with a commission from the high court of admiralty, authorizing him to impannel juries, and to make inquiry upon oath, of sundry abuses, and disorders committed every year, among the fishermen upon that coast.
Rules and regulations of the star-chamber.
In the year 1633, the star-chamber took up the subject of the fishery:—a petition and complaint had been there preferred by the merchants and owners of ships in the west of England: and that court, after taking the same into consideration, was pleased to issue the following order, for better regulating the trade.