America and West Indies
Addenda 1610

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Institute of Historical Research

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W. Noel Sainsbury (editor)

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1893

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36-39

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'America and West Indies: Addenda 1610', Calendar of State Papers Colonial, America and West Indies, Volume 9: 1675-1676 and Addenda 1574-1674 (1893), pp. 36-39. URL: http://www.british-history.ac.uk/report.aspx?compid=70038 Date accessed: 31 July 2014.


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Addenda 1610

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.