p. 1701 C
CHARTER OF THE LONDON AND BRISTOL COMPANY. EARL OF NORTHHAMPTON AND ASSOCIATES.
PATENT ROLL 8 JAMES I. PART VIII. No. 6.
James by the grace of God of greate Brittaine ffrance and Ireland king defendor of the faith &c. To all people to whome theis p'sentes shall come societate in greeting, knowe ye whereas divers our loveing and well disposed Subiectes are desirous to make plantacon to inhabite and to establishe a Colony or Colonyes in the Southerne and Easterne partes of the Countrie and Isle or Ilandes coonlye called Newfoundlande vnto the Coast and harboure whereof the Subiectes of this our Realme of England have for the space of ffiftye yeares and vpwards yearely vsed to resort in noe smale nombers to fishe, intending by such plantacon and inhabiting both to secure and make safe the said trade of ffishing to our Subiectes forevr And alsoe to make some comendable benifitt for the vse of mankynde by the landes and p'ffittes thereof which, hetherto from the beginnyng (as it seemeth manifest) hath remayned vnprofittable And for better p'formance of such their purpose and intencns have humbly besought our Regall authoritye and assistance, we being well assured that the same lande or Countrie adioyning to the foresaid Coastes where our Subiectes vse to ffishe remayneth soe destytute and soe desolate of inhabitance that scarce any one savage p'son hath in manye yeares byn seene in the most partes thereof And well knowing that the same lying and being soe vacant is as well for the reasons of foresaide as for manye other reasons verie coodious for vs and our domynions And that by the lawe of nature and natons wee maye of our Royall authoritie possease our selves and make graunt thereof without doeing wrong to any other Prince or State considering they cannot instlye p'tend any Sovaignetye or right therevnto in respecte that the same remayneth soe vacant and not actually possessed and inhabited by any Christian or any other whomsoever And therefore thinking it a matter and acon well beseemyng a Christian king to make true vse of that which God from the beginning created for mankynd And thereby intending not onlye to worke and p'cure the benifitt and good of manye of our Subiectes but principally to increase the knowledg of the omnipotent God and the p'agcon of our Christian faith, have graciously accepted of their said intencon and suite And therefore doe of our specyall grace ctayne knowledg and meere moon for vs our heires and successors give graunt and conforme by theis p'sentes vnto our right deare and right welbeloved Cozen and Councellor henrie Earle of Norhampton keeper of our privie Seale and
to our trustie and right welbeloved Sir lawrence Tanfeild knight Cheife Baron of our Exchequer Sir John Doddridg knight one of our Seriantes att lawe Sir ffrauncis Bacon knight our Sollicitor genll Sir Daniell Dun Sir Walter Cope Sir Percivall Willoughby and Sir John Constable knightes John Weld Esquier Willyam ffreeman Raphe ffreeman John Slany humfrey Slanye Willyam Turner Robt Kirkam gent John Weld gent Richard ffishborne John Browne humfrey Spencer Thomas Juxon John Stokeley Ellis Crispe Thomas Alporte ffrauncis Needham William Jones Thomas langton Phillipp Gifford John Whittington Edward Allen Richard Bowdler Thomas Jones Symon Stone John Short John Vigars John Juxon Richard hobby Robt Alder mathewe haveland Thomas Aldworth Willyam lewis John Guy Richard hallworthie John Langton humfrey hooke Phillipp Guye Willyam merridith Abram Jeninges and John Dowghtye their heires and assignes and to such and soe manye as they doe or shall hereafter admytt to be ioyned with them in forme hereafter in theis p'sentes exp'ssed, whether they goe in their p'sons to be planted in the saide plantaon or whether they goe not, but doe adventure their moneys goodes and chattelles that they shal be one bodie or coynalty p'petuall, and shall have p'petuall succession and one Coon Seale to serve for the saide bodye and Coynalty, and that they and their Successors shalbe knowen called and incorporated by the name of the Tresurer and the Companye of Adventurers and planter of the Cittye of london and Bristoll for the Collonye or plantaon in Newfoundland and that they and their successors shalbe from thenceforth foever* enabled to take acquire and purchase by the name aforesaid (licence for the same from vs our heires or successors first had and obtayned) any manner of landes tenementes and hereditamentes goodes and chattelles within our Realme of England and domynion of wales And that they and their successors shalbe likewise enabled by the name aforesaide to plead and be ympleaded before any our Judges or Justices in anye of our Courtes and in any acons and suites whatsoever. And we doe alsoe of our sayd speciall grace ctayne knowledg and meere moon for vs our heires and succeors give graunt and confirme unto the saide Tresurer and Companye and their successors vnder the reservaons lymittaons and declaraons hereafter expressed all that parte and poron of the said Countrie comonlye called Newfound land which is scituate lying and being to the southward of the parallell line to be conceaved to passe by the Cape or headland comonly called or known by the name of Bomviste inclusive which Cape or headland is to the Northward of the Baye, coonlie called Trinitye Baye and alsoe which is scituate lying and being to the Eastward of the meridian line to be conceaved to passe by the Cape or headland coonly called or known by the name of Cape Sancta- Maria or Cape Saint Maries inclusive which Cape or headland is to the Eastward of the Baye coonlie called the Baye of Placentia together with the Seas and Ilandes lying within tenn leagues of anye parte of the Sea Coast of the Countrie aforesaide And alsoe all those Countries landes and Ilandes coonlie called Newfoundelande which are scituate betweene ffrrtie and sixe degrees of Northerlie latitude and twoe and ffiftie, degrees of the like latitude And alsoe all the landes soile
grounds havens Portes Rivers mynes as well Royall mynes of gould and silver as other mynes myneralles pearles and pretious stones woodes quarries marshes waters ffishinges hunting hawking fowling coodityes and hereditaments whatsoever together with all p'rogatives iurisdicons Royaltyes priviledges ffranchices, and p'hemynences within anye the saide territories and the p'cinctes thereof whatsoever and thereto or thereaboutes both by Sea and lande being or in any sorte belonging or appteyning, and wch wee by our les patentes maye or can graunt and in as ample manner and sorte as we or any of our noble p'genitors have heretofore graunted to any Companie bodie politique or corporate or to any adventurer or adventurers undertaker or undertakers of any discoy plantaon or traffique of in or into any forrayne partes whatsoever and in as larg and ample manner as if the same were herein p'ticulerlie menoned and exp'ssed Nertheles our will and pleasure is and we doe by theis p'sentes exp'sse and declare, that there be saved and reserved unto all manner of p'sons of what nation soever, and alsoe to all and everie our loveing subiectes which doe att this p'sent or hereafter shall trade or voiag to the partes aforesaid for ffishing all and singuler liberties powers easementes and all other benifitt whatsoever as well concerning their saide ffishing as all other circumstances and incidentes therevnto in as large and ample manner as they have heretofore vsed and enioyed the same without anye ympeachmt disturbance or exacon any thing in theis p'sentes to the contrarie notwithstanding To have hold possesse and enjoye all and singuler the saide landes Countries and territories with all and singuler other the p' hisses heretofore by theis p'sentes graunted or menoned to be graunted to them the said Tresurer and company their successors or assignes forever to the sole and p'per vse of them the saide Tresurer and Company their successors and assigner to be holden of us our heires and successors as of our mannor of East Greenewich in the County of Kent in fre and Coon socage and not in Capite yelding and paying vnto vs our heires and successors the ffift part of all the Oare of gould and silver that from tyme to tyme and att all tymes hereafter shalbe there gotten had and obtayned for all services duties and demaundes And for as much as the good and p'sperous successe of the said plantaon cannot but cheifely depend next vnder the blessing of God and the support of our Royall authoritie uppon the p'vident and good direction of the whole enterprise by a carefull and vnderstanding Councell And that it is not convenient that all the Adventurers shall be soe often drawen to meete and assemble as shall be requisite for them to have meetinges and conference about their affaires therefore wee doe ordayne establishe and confirme that there shalbe p'petually one Councell consisting of twelve p'sons here resident in london which shall governe and order all 'natters and causes which shall arrise growe or happen by reason of the saide plantaon or which shall or maye concerne the government of any Collonye or Collonyes to be established in any the said Territories or Countries of Newfounde land before lymitted or any the p'cinctes thereof, which Councell shall have a Seale for the better goverment and admynistraon of the said plantaon besides the legall Seale of the Companye or Corporacon each of which Seales shall have
our Armes ingraven on the one side thereof and our Portrature on the other side And that the legall Seale of the saide Tresurer and Companye shall have ingraven rounde about on both sides thereof theis wordes Sigillm Thesaurarii et Couniyatis terre noue, and that the Seale for the Councell shall have ingraven rounde about on thone side theis wordes Sigillum Regis magne Britanie ffranc et Libnie and on the other side this inscripon rounde about p Consilio terre noue And further wee establishe and ordayne that Sir Percivall Willoughby knight John Welde Esquier Raphe ffreeman Richard ffishburne John Stokely Willyam Turner Willyam Jones John Slany humfrey Slany John Weld Thomas Juxon and Thomas Jones shalbe the Councell for the saide Companye of Adventurers and planters in the saide Territories and Countries before lymitted And the saide John Slany wee ordayne to be Tresurer of the saide Companye which Tresurer shall have authoritie to give order for the warning of the Councell and sooning the Companye to their Courtes and meetinges and the said Councell and Tresurer or anye of them shall be from thenceforth nomynated chosen contynued displaced chaunged altered and supplied as death or other seall occasions shall requier, out of the Companye of the said Adventurers by the voice of the greater part of the said Councell and Adventurers in their assembly for that purpose, And wee doe alsoe by theis p'sentes of our speciall grace taine knowledg and meere motion ordayne establishe and agree for vs our heires and successors That the said Tresurer and Company shall or lawefully maye establishe and cause to be made a Coyne to passe currant in the saide Territories of or in Newfound land before lymitted betweene the people inhabiting in any the said territories or in any the p'cinctes thereof for the more ease of traffique and bargayning betweene and amongst them of such nature and of such mettell and in such manner and forme as the said Councell heere shall lymitt and appoynt And wee doe by theis p'sentes of our speciall grace ctayne knowledge and meere motion for vs our heires and successors graunt vnto the said Tresurer and Company and their successors that yf it happen at any tyme or tymes the Tresurer for the tyme being to be sicke or to have any such cause of absence from the Citty of London as shall be allowed by the saide Councell or the greater parte of them assembled, soe as he cannott attend the affaires of that Company. In everie such case it maye and shalbe lawfull for such Tresurer for the tyme being to assigne constitute and appoynt one of the Councell for that Company to be likewise allowed by the said Counsell or the greater parte of them assembled to be the deputie Tresurer for the said Company which deputie shall have power, to doe and execute all thinges which belong to the saide Tresurer during such tyme as such Tresurer shall be eyther sicke or otherwise absent vppon cause allowed of by the saide Counsell or the maior part of them as aforesaide soe fullye and wholly and in as large and ample manner and forme to all intentes and purposes as the saide Tresurer if he p'sent himself maye or might doe and execute the same And further of our speciall grace tayne knowledg and meere motion for vs our heires and successors wee doe by theis p'sentes give and graunt full power and authoritie to the
saide Counsell heere resident as well att this p'sent tyme as hereafter from tyme to tyme to nomynate make constitute ordayne and confirme by such-name or names stile or styles as to them shall seeme good and likewise to revoke dischardg chaung and alter all and singuler Gonors Officers and mynisters which hereafter by them shall be thought fitt and needfull to be made or vsed for the goment of any Colonye or plantaon to be had or made of or in any the saide Territories of Newfound lande before lymitted and by theis p'sentes graunted or ment to be graunted, and alsoe to make ordayne and establishe all manner of orders lawes direcons instrucons formes and ceremonies of goument and magistracie fitt and necessarie for and conning the goment of the saide Colonye or Colonyes and plantaon or plantaons and the same att all tymes hereafter to abrogate revoke or chang not onlye within the p'cinctes of the said Colonye or Colonyes but alsoe uppon the Sea in goeing and coming to and from the said Colonye or Collonyes as they in their good discretions shall thinke to be fitt for the good of the Adventurers and Inhabiters there. And wee doe alsoe hereby declare that for dirs reasons and consideraons vs therevnto especially moveing our will and pleasure is and wee doe hereby ordayne that ymediately from and after such tyme as any such Gonor or principall Officer soe to be nomynated and appoynted by the said Counsell for the goment of anye Colonye or Colonyes as aforesaide shall arive in Newfound lande or in anye the territories aforesaide and give notice of his Coission in that, behalfe, all Officers Gonors and mynisters formerlie constituted or appoynted shalbe dischardged, straightly charging them and comaunding them and everie of them and everie other p'son resident or which hereafter shall reside in the saide Collony or Colonyes vppon their allegeaunce that they forthwith be obedient to such goment or Gonors as by the saide Counsell heere resident shall be named and appoynted as aforesaid and to all direcons orders and comaundementes which they shall receave from them as well in their p'sent resigning and giveing vp their authoritie Offices charge and places as in all other attendance as shall be by them from tyme to tyme required And wee doe further by theis p'sentes ordayne and establishe that the saide Tresurer and Counsell here resident in london and their successors or any ffive of them being assembled (the Tresurer being one) shall from tyme to tyne have full power and authoritie to admitt and receive anye other p'son into their Company Corporaon or ffreedome And further in a geall assemblie of the Adventurers with the consent of the greater parte vppon good cause to disfranchize and put out any p'son or p'sons out of the saide freedome and company And wee doe alsoe graunt and confirme for vs our heires and successors that it shall be lawefull for the said Tresurer and Company and their successors by direcon of the Gonors there to digg and to search for all manner of mynes of golde silver Copper Iron leade tynne and other myneralles as well within the p'cincte aforesaide as within anye parte of the mayne lande not formerly graunted to any other, and to have and to enioye the gold silver Copper Iron leade and tynne and all other myneralles to be gotten thereby to the vse and behoofe of the saide Company of Planters and adventurers yelding therefore and payeing yerely vnto vs our heires and