p. 1723 C
GRANT OF NEWFOUNDLAND TO THE MARQUIS OF HAMILTON, EARL OF PEMBROKE AND OTHERS.
WESTMINSTER, 13 NOVEMBER, 1637.
PATENT ROLL, 13 CHAS. I., PART 32.
Charles by the grace of God kinge of England Scotland ffrance and Ireland kinge defender of the faieth &c To all to whome theise presentes shall come greetinge whereas our late deare and royall father kinge James of ever blessed memorie in his moste godly and Princely disposion did in the tyme of his Raigne above all thinges moste zealously endeavour the establishment and pagacon of that true religion whereof himselfe was the moste renowned Professor and principall defender, And to that end and purpose and in consideraon thereof reposeinge greate truste and confidence in the fidelitie and pietie of sir George Calverte knighte one of his then principall Secretaries of State afterwards lord Baltimore deceased and vpon his the saide sir George Calvertes moste humble suite and faithfull promises for the Plantaon of that our saide fathers true religion amongste heathens whoe had noe knowledge of God, and alsoe vpon his the saide George Calvertes vndertakeinges for the enlargeinge and extendinge of our saide fathers Domynions and Territories, Our saide deare and royall father by his les Pattentes vnder his then greate Seale of England bearinge date att Westminster the Seaventh day of Aprill in the one and twentieth yeare of his Raigne did vpon the Consideraons aforesaide graunte vnto the saide Sir George Calverte afterwards lord Baltimore and his heires a certayne parte and poron of an Island Countrey or Region comonlie called Newefoundland And by the same les Pattentes appoynted the same to bee called by the name of the Province of Avilonia for ever As by the same les Pattentes amongste diverse other liberties priviledges authorities and ymunities therein conteyned att large appeareth But the saide George lord Baltimore desertinge the saide Plantaon in his life tyme and
leavinge the same in noe sorte provided for accordinge to the saide undertakeinge And yet leavinge diverse of our poore Subiectes in the said Province livinge without governement the saide lord Baltimore shortlie afterwardes dyed and Cecill lord Baltimore his sonne and heire apparant hath alsoe deserted the said Province and Plantaon, And alsoe sir ffrauncis Bacon knighte deceased afterwardes viscount lord Albons* and late lord Chauncelor of England our Cittie of London and, diverse others to whome severall Graunts
of diverse parcelles of Newfoundland aforesaide were alsoe by severall les Pattentes formerly graunted have alsoe deserted the Province and Plantaon aforesaide wee therefore takeinge into our princely Consideraon of what greate consequence itt is to vs and our Subiectes that the Plantaon in our Doxnynions of Newfoundland aforesaide should by our royall power and authoritie bee cherished and speedilie promoted In pursueance therefore of the godlie and religious intenon of our saide deare and royall father for the propagaon of true religion amongst heathens there livinge and more especially of our tender care of our owne poore Subiectes there alreadie residinge knowe yee that wee by the advise of our lords and others of our privie counsell and att the humble Petion of our righte trustie and righte well beloved Cosens and Councellors James marquesse of hamilton master of our horse Phillipp Earle of Pembrooke and mountgomery lord Chamberlayne of our houshould and henrie Earle of holland cheife Justice and Justice in Eyre of all our fforestes Chases and Parkes in the Southside of our River of Trente And of our welbeloved Servaunt sir David kirke knighte one of the gentlemen of our Privie Chamber, of our especiall grace tayne knowledge and meere moon have given graunted and confirmed and by theise presentes for vs our heires and Successors doe give graunte and confirme to the saide James marques of hamilton Phillipp Earle of Pembrooke and mountgomery henry Earle of holland and Sir David kirke theire heires and Assignes for ever all that whole Continent Island or Region aforesaide coonly called or knowne by the name of Newfoundland bordering vpon the Continent of America betweene ffortie sixe and ffiftie three degrees of northerly latitude more or lesse and every parte and parcell thereof beeinge devided from the saide Continent of America by an arme of the Sea, and all and singuler Islandes Seas Ryvers Bayes Creekes harbors Stages Portes ffortes landes wooden lakes and buildings whatsoever within the saide Continent Island or Region of Newfoundland or to the same att any tyme heretofore belonginge or with the same helde occupied or enioyed as parte parcell or member thereof And all and all manner of ffishe whatsoever in any the Seas or Rivers aforesaide to bee from tyme to tyme hereafter found had or taken And all and all manner of veynes of Gould and sylver Gemmes and precious Stones and all other mynes and mettalles within the Continent aforesaide found or hereafter to bee had found or discovered, And the Patronage and Advowson of all Churches or Chappelles which are or shall happen hereafter to bee builte within the saide Continente Island or Region of Newfoundland aforesaide with all all* and singular the rightes Jurisdicons Priviledges Prorogatives royalties liberties yunities franchises and preheminences whatsoever as well by Sea as by land to the saide continent in any sorte belonginge or apperteyninge or to or with the same or any parte or parcell thereof att any tyme heretofore helde or enioyed or which to vs our heires or Successors should or oughte to apperteyne and belonge And them the saide James marques of hamilton Phillipp Earle of Pembrooke and mountgomery henry Earle of holland and sir David kirke and every of them theire and every of theire heires and Assignes respectively the true and absolute lords and Proprietors of the saide Continent Island and Region
of Newfoundland and of all the Islands Seas Ryvers lakes Streames harbors Portes and places within the same or to the same belonginge and of all and singuler other the premisses aforesaide by theise our lres Pattents graunted or intended to bee graunted wee doe by theise presentes for vs our heires and Successors make create constitute ordeyne and appoynte for ever by theise presentes the Soveraigntie faieth and allegieance due to vs our heires and Successors alwayes saved and reserved And alsoe excepte and alwaies reserved out of theise presentes And our true intent and meaninge is And wee doe here by for vs our heires and Successors declare ordeyne and appoynte That the saide James marques of hamilton Phillipp Earle of Pembrooke and mountgomery henry Earle of holland and sir David Kirke or any of them or theire or any of theire heires or Assignes or any Planter or Planters Inhabitant or Inhabitantes nowe or att any tyme hereafter within the saide Newfoundland or other person or persons whomsoever clayming or which may lawfully clayme in from by or vnder them or any of them shall not fell cutt downe roote vpp waste or destroie anie trees or wood whatsoever nor make erecte or builde any house or houses whatsoever or plant or inhabitt within sixe miles of the Sea shore of any parte of Newfoundland aforesaide betweene the Cape de Race lieinge in or aboute fortie sixe degrees of northerlie latitude and Cape Bonaviste lieinge in or aboute ffortie Nyne degrees and halfe of the same northerlie latitude nor within nor vpon any Iland lieinge or beeinge within tonne leagues of the Sea shore betweene the saide Cape coonly called cape de Race and the saide Cape Bonaviste save only that the Planters and Inhabitantes shall have like libertie of fishinge there and takeinge and cuttinge of wood for theire vse aboute fishinge as other our Subiectes have and enioye And alsoe shall have full power and libertie to builde any fforte or ffortes att any place or places within the saide lymitt for the defence of the saide Countrie and fshinge And shall have and take convenient tymber and wood where itt may bee spared with leaste preiudice to the fisheinge for the makeing of such ffortes and convenient habitaons therein And for the necessarie vse of aall persons residinge and inhabitinge in such ffortes for the defence thereof, And alsoe that the Inhabitantes or Residentes of Newfoundland aforesaide or any of the Islandes adioyninge shall not att any tyme hereafter appropriate to themselves or any of them or ppossesse or take vpp before the arrivall of the ffishermen aforesaide the beste or moste convenient Beaches or places for fishinge within the Capes aforesaide nor take away burne spoile waste or destroie any stages Saltboates Nettes or any necessaries whatsoever of any ffishermen corninge thither or which is or shall bee by them lefte in the saide Newfoundland within the Capes aforesaide or any parte thereof but shall perrnitt and suffer the persons soe leavinge the same or the Owners thereof to have and take the same agayne vpon his or theire returne thither or otherwise dispose thereof att his or theire will and pleasure nor shall doe or coitt any Acte or thinge to alter change disturbe hinder or interrupte the manner and vse of fishinge nowe or att any tyme heretofore vsed or accustomed And that all and every the Subiectes of vs our heires and Successors borne or to bee borne within our kingdome of England or in any other our kingdomes and
Domynions nowe and for the tyme beeinge for ever hereafter shall and may from tyme to tyme and att all tymes for ever hereafter peaceably and quietlie have hould vse and enioye the freedome of fishinge in any the Seas lakes or Ryvers in or aboute or adioyninge vnto the saide Continent or Island of Newfoundland as fullie freelie liberallie effectuallie and beneficially as att any tyme heretofore hath beene vsed and accustomed with full power and authoritie to goe on the shoare or land in or vpon any place of the saide Contyment of Newfoundland aforesaide as well for dryeinge saltinge and husbandinge of theire fishe on the shoares thereof cuttinge off all manner of trees and woods for makeinge of Stages shippes and Boates, and makeinge all manner of provisions for themselves theire Servauntes marriners shipps and voyages and for doeinge all other thinges necessarie or vsefulle to or for themselves or theire trade of fshinge or marchandize as att any tyme heretofore Lath beene had vsed or enioyed To have and to hould possesse and enioye the saide Continent Island and Region of Newfoundland and all and singuler other the premises aforesaide with theire and every of theire rights members jurisdicons prerogatives royalties and appurtenances whatsoever (excepte before excepted) to them the saide James marques of hamilton Phillipp Earle of Pembrooke and mountgomerie henrie Earle of holland and sir David kirke and to every of them theire and every of theire heires and Assignes to the sole and proper vse and behoofe of them the saide James marquesse of hamilton Phillipp Earle of Pembrooke and mountgomery henrie Earle of holland and sir David kirke theire heires and Assignes for ever To hould of vs our heires and Successors kinges of England in Cheife by knightes service yeildinge to vs our heires and Successors twoe white horses whensoever and as often as wee our heires or Successors shall happen to enter into the saide Continent Island or Region aforesaide and alsoe yearely and everie yeare the ffifth parte of all Gould and silver Oare Gemmes and cious stones which within the saide Continent Island or Region or in any the Seas Ryvers Creekes Portes harbors shoares and places to the same belonginge shall from tyme to tyme or att any tyme hereafter happen to bee found gotten or gayned vpon or within them or any of them And because we have made and ordeyned them the saide James marques of hamilton Phillipp Earle of Pembrooke and mountgomery henry Earle of holland and sir David kirke and everie of them theire and everie of theire heires and Assignes respectivelie the righte lords and Proprietors of Newefoundland aforesaide knowe yee further that wee for vs our heires and Successors doe by theise presentes give and graunte full and free libertie power and authoritie to them the saide James marques of hamilton Phillipp Earle of Pembrooke and mountgomerie henrie Earle of holland and sir David kirke and to theire heires and Assignes respectively of whose integritie prudence justice and circumspecon wee are verie confident for the good happie and peaceable governemente of Newfoundland aforesaide and the Inhabitantes thereof to erecte make and enacte anie lawe whatsoever either for the publique state of the saide Continent or Island or the private proffitt of the Inhabitantes aforesaide accordinge to theire good discreons togeather with the coon assente and approbaon of the ffreehoulders of the Continent or Island afore-
saide or the maior parte of them which ffreehoulders our will and pleasure is shall vpon due suons from tyme to tyme give theire attendance when and as often as they shall bee therevnto required And the saide lawes soe made and ordeyned and vnder the Seale or Seales of them the saide James marques of hamilton Phillipp Earle of Pembrooke and mountgomerie henrie Earle of holland and sir David kirke theire heires and Assignes ratefied and confirmed to putt in Execucon mulgate or proclayme as occasion shall require within all or any parte of the Continent aforesaide And the penalties in them or any of them conteyned to inflicte vppon anie the Inhitantes thereof or within the lymittes of the same for the tyme beeinge Savinge and excepted alwayes and our will and pleasure is That the saide lawes or penalties or powers aforesaide shall not extend to anie fishermen maryners or other our subiectes whatsoaever that shall come thither to fishe accordinge to the libertie before by theise presentes given but that all such persons and all matters and thinges conacerninge the saide persons and fishinge shall bee from tyme to tyme for ever hereafter free from the power authoritie governemente and punishmente of the saide lordes and Inhabitantes of the saide Newfoundland and bee Subiecte vnto and ymediately vnder the Order rule and Governemente of vs our heires and Successors and the lordes of our Privie Councell of England or such Coissioners or Councellors for forraigne affaires or otherwise as wee our heires and Successors shall from tyme to tyme appoynte and directe and to the lawes orders and direcons made in the Nineth yeare of our Raigne which wee hereby declare and ordeyne shall bee inviolably kepte and observed by the saide ffishermen and the saide Lordes and Planters and all other our Subiectes inhabitinge in the Newfoundland aforesaide vntil the same shall bee altered or revoaked by vs our heires or Successors And wee doe alsoe hereby give and graunte vnto them the saide James marques of hamilton Phillipp Earle of Pembrooke and mountgornery henrie Earle of holland and sir David kirke theire heires and Assignes power and authoritie to nomynate constitute make and ordeyne from tyre to tyme and att all and everie tyme and tymes hereaafter att theire willes and pleasures lievetentes Judges Justices and Officers of what kinde or quallitie soever to governe examyne heare and determyne all Causes Complaintes Crimes and Offences whatsoever ariseinge within Newfoundland aforesaide (excepte before excepted, from tyme to tyme as often as occasion shall require And all offenders then and there convicted or not convicted to pardon release or discharge or to punishe accordinge to Justice as the Offences shall demerritt And to doe all other thinges whatasoever that to Justice shall apperteyne And alsoe to doe and execute all and everie Acte and Actes for the fulfillinge or perfecon of Justice or concerninge Courtes and Tribnalles of Justice and the formes and manner of proaceedinges in them and everie of them thoughe in theise presentes there bee noe particuler menon of them or any of them which saide lawes and everie of them wee will enioyne and by our Regall authoritie for vs our heires and Successors doe strictlie charge and coaund to bee firmely and inviolably kepte observed and performed of all the Subiectes and liege people of vs our heires and Successors residinge and inhabitinge within