Abbildungen der Seite
PDF
EPUB

dually decayed ever fince the paffing of this act. The fourth comes down to the year 1791, when a court of civil jurif diction was established upon principles which, it was thought, would fecure the impartial adminiftration of juftice to the merchant and the planter, the rich, and the poor, the mafter, and the fisherman.

[blocks in formation]

1

PART I.

Different Charters granted-Rules and Regulations of the Star Chamber-Of. appointing a Governor-Additional RulesReport against a Governor- Sir John Berry's Advice-Bye Boat-keepers, what? -Queftion of a Colony argued-Stat. 10. & 11. Will. 3. c. 25.

NEWFOUN

EWFOUNDLAND, like other new discovered lands in America, was endea

PART I.

From Queen

voured to be fettled, and improved by Elizabeth to

Stat. 10 and 14

means of charters granted from the crown ; Will. 3. it being hoped that individuals would, in this manner, be tempted to pursue the public advantage, through the medium of their private intereft. Charters were granted at five different times. The first Different Charwas in 1578 to Sir Humphry Gilbert, who ters granted. had thereby full power given him to pof

fefs all lands in Newfoundland not in ac

[blocks in formation]

From Queen

Elizabeth to Stat. 10 & 11 Will. 3.

PART I. tual poffeffion of any Chriftian 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 ftrangers then fishing, he took poffeffion of the country in the queen's name, and erected the arms of England upon a pillar of wood, in teftimony of her majesty's fovereignty.

The fecond charter was granted in 1610 by king James, to the Earl of Northampton, Sir Francis Bacon, and feveral others, by the name of the Treafurer and Company of ADVENTURERS and PLANTERS of the City of London and Briftol, for the Colony in Newfoundland, with all the ufual prerogatives and immunities; but in this grant there was a reserve to all perfons 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 fouth east point of the island, extending between ports Fermofe and Aquafort to Petty Harbor, and from thence weftward to the bay of Placentia. There was alfo a grant to him of the property of all islands lying within ten leagues of the eastern

shore,

fhore, together with the fifhing of all PART I forts of fish, faving to the English the free From Queen liberty of fishing, falting, and drying of Stat. 10 & 11 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 deferted the plantation, this grant included the province of Avalon. In this grant it was provided, that no perfon fhould plant or inhabit within fix miles of the sea shore between cape Race and cape Bonavista.

Will. 3.

Thus far did the crown go in the granting of four exclufive rights in Newfoundland. But this detail gives us no information as to the conftitution and regulation of the island, its trade and fifhery. On this head we find, that in 1615 Captain Richard Whitburne was fent out with a commiffion from the high court of admiralty, authorizing him to impannel juries, and to make inquiry upon oath, of fundry abuses, and diforders committed every year, among the fifhermen upon that coaft.

« ZurückWeiter »