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The patent given by Elizabeth to Sir Humphrey Gilbert was dated June 11, 1578, and not, as stated by Dr. Belknap, 1579.* The provisions of the charter thus granted deserve notice, as it was one of the first in the long series of colony charters granted by the crown of England, and as it shows what notions of colonization prevailed in those days. After the general license to discover any countries not possessed by any Christian prince or people, it bestows the "soil of the same, with the royalties and jurisdiction, upon him, and his heirs, and assigns forever, with power to dispose of them, or any part of them, in fee simple; to transport any persons thither, unless specially restrained by the crown; authority to expel by force all persons who should attempt to inhabit within the space of two hundred leagues; to capture all who should trade there without his license; to punish at his discretion in all causes, civil, criminal, and capital; and to make laws agreeable to the policy of England and the

* [Chalmers, p. 4, says it was given in March; Foster, l. c., dates it in 1578. Hazard, State Papers, vol. i., p. 24, and Hakluyt, vol. iii., p. 137, who are better authority, and who give the patent at length, concur with Dr. Robertson in dating it June 11th, 1578.-H.] /.

Christian faith professed in the Church of England."]

In consequence of this grant, many of his friends joined him, and preparations were made for an expedition, which promised to be highly advantageous. But, before the fleet was ready, some declined and retracted their engagements. Gilbert, with a few companions, sailed;* but a violent storm, in which one of the ships foundered, caused him to return. This misfortune involved him in debt, and he had no way to satisfy the demands of his creditors but by grants of land in America. By such means the country was not likely to be peopled, nor the conditions of his patent fulfilled. He was obliged, therefore, to sell his estate before he could make another attempt; and, after long solicitation, being assisted by some friends, he set sail from Plymouth with five ships,† carrying two hun

[Sir Walter Raleigh was one of these companions.-Cayley, i., 17. This voyage is supposed to have been made early in the summer of 1579. Few particulars of it have remained to us. One of the ships was lost in "a smart action with the Spaniards."-Cayley, ubi supra.-H.]

[The fleet would hardly now be deemed adequate to such an enterprise. It consisted of the Delight, 120 tons, the bark Raleigh, 200 tons, the Golden Hind, 40 tons, the Swallow, 40 tons, and the Squirrel, 10 tons. Some of the crude notions of the adventurers are exhibited in one specimen of the cargo

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dred and sixty men, on the eleventh of June, 1583, and on the eleventh of July* arrived off the bay of St. John, on the eastern coast of Newfoundland.

Thirty-six fishing vessels were then in the harbour, who refused him admittance. He prepared to enter by force of arms; but previously sent in his boat with his commission from Queen Elizabeth, on sight of

"Besides," says Edward Hayes, the captain of the Golden Hind, and author of the narration in Hakluyt, and who writes himself "gentleman and principal actour in the same voyage," "for solace of our people and allurement of the savages, we were provided of musike in good varietie, not omitting the least toyes, as morris-dancers, hobby-horses, and May-like conceits, to delight the savage people, whom we intended to win by all fair means possible. And to that end we were indifferentlie furnished of all petty haberdasherie wares to barter with those simple people." The bark Raleigh abandoned the expedition soon after it sailed, an infectious disease having broken out among the crew.-H.]

* [The date in the text must, I think, be an error. Forster, indeed, p. 293, says, 46 on the 11th of July they saw land ;" but he could hardly have been detained three weeks (July 11th to Aug. 3d) "off the bay" by fishing vessels. And Hayes, whose account is the original, Hakluyt, iii., 149, says, “Tuesday, the 30th of July" (seven weeks after sailing), "we got sight of land." See also a letter of Stephen Parmenius from St. John's to Hak-luyt.-Ib., 162. They then sailed south along the coast by Bacalaos, &c., some twenty leagues, ib., 150, and reached the harbour of St. John's Aug. 3d.-Hakluyt, iii., 165, and Gilbert's letter to Sir George Peckham.-H.]

which they submitted, and he sailed into the port.*

The intention of this voyage was to take formal possession of the island, and of the fishery on its banks, for the crown of England. This was done in the following manner :t

On Monday, the fifth of August, Admiral Gilbert had his tent pitched on shore, in sight of all the shipping; and, being attended by his own people, summoned the merchants and masters of vessels, both Englishmen and others, to be present at the ceremony. When they were all assembled, his commission was read, and interpreted to the foreigners. Then a turf and a twig were delivered to him, which he received with a hazel wand. Immediately proclamation was made, that by virtue of his commission from the queen, he took possession, for the crown of England, of the harbour of St. John, and two hundred leagues every way round it.

He then published three laws for the gov ernment of the territory. By the first, public worship was established according to the mode of the Church of England. By the

* Stith's History of Virginia, p. 6.

† Hakluyt, iii., 151, 165.

second, the attempting of anything prejudicial to her majesty's title was declared treason, according to the laws of England. By the third, the uttering of words to the dishonour of her majesty was to be punished with the loss of ears and the confiscation of property.

The proclamation being finished, assent and obedience were signified by loud acclamations. A pillar was erected, bearing a plate of lead, on which the queen's arms were engraven; and several of the merchants took grants of land, in fee farm, on which they might cure their fish, as they had done before.

A tax of provision, by her majesty's authority, was levied on all the ships. This tax was readily paid; besides which, the admiral received presents of wine, fruits, and other refreshments, chiefly from the Portuguese.

This formal possession, taken by Sir Humphrey Gilbert in consequence of the discovery of the Cabots, is the foundation of the right and title of the crown of England to the territory of Newfoundland and to the fishery on its banks.

As far as the time would permit, a survey was made of the country, one principal object of which was the discovery of mines and minerals. The mineralogist was a Saxon,

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