1088 MISCELLANEOUS. 



her fishermen to Newfoundland, where they fished only on the 

 northern part which they called Le Petit Nora, and on the southern 

 point, where they had formed a kind of town upon the Bay of Pla- 

 centia, which united all the conveniences that could be desired for 

 a successful fishery." He adds at p. 93: "In the year 1675 the 

 French King prevailed upon Charles II to give up the duty of 5 

 per cent." 



12. It is also stated at paragraph 1666 of the published Calendar 

 of State Papers, Colonial, America, and West Indies, 1661-68, that 

 "from the first discovery of Newfoundland in 1496 till the Treaty 

 of 1632 the French were not permitted to fish at Newfoundland 

 or in any place on the main in America, but after that Treaty the 

 French trading to Canada and Acadia presumed to make dry fish 

 on Newfoundland ; for prevention whereof Sir David Kirke was sent 

 there Governor, in whose time every French ship trading or making 

 dry fish there was forced to pay 5 or 10 per cent. ; and in time of the 

 late rebellion they were compelled to do the like." 



13. Further, it is certain that hi 1637, by letters patent dated 

 13th November of that year, "the whole continent, island, and 

 region" of Newfoundland was granted in fee to the Marquis of Hamil- 

 ton, the Earl of Pembroke, the Earl of Holland, and Sir David Kirke, 

 and "that all other Kings, Princes, and Potentates, their heirs, allies, 

 and subjects, may know our (the King's) just and undoubted right 

 and interest in and to the said continent, island, and region of New- 

 foundland, and in and to all and every the islands, seas, and places 

 to the same belonging," it was declared that there are to be levied 

 from all strangers that make use of any rcart of the shore for drying 

 fish "five fishes out of every hundred fish hi the seas, rivers, or places 

 aforesaid to be had or taken." The grantees were enjoined to see 

 to the collection of this tribute, from which British subjects were 

 exempt, being expressly given "free and ample liberty of fishing." 



14. There is, in the published Calendar of State Papers, Domestic, 

 under date the 16th May, 1639, a letter from Secretary Coke to 

 Secretary Windebank, stating that the French Ambassador (M. 

 Pomponne de Bellievre, Seigneur de Grignon) had complained of 

 an imposition laid on strangers by Sir David Kirke for fishing at 

 Newfoundland. "A firm but fair answer is to be given, and the im- 

 positions laid by the French on the English merchants considered 

 in justification." 



15. The folio whig is an extract from this letter of the French 

 Ambassador, dated the 9th (19th) May, 1639: 



"L'on m'a aussi donne avis que les nommer (sic) Kerg avoient 

 une patente du Roy de la G. B. pour lever quelque chose sur la 

 pesche des moriies, ce qu'ils se proposent de prendre non seulement 

 sur les sujets du Roy de la G. B., mais generalement sur tous ceux 

 qui irant pour faire cette pesche, ce qui seroit contraire a tout droit 

 et a la liberte avec laquelle on en a use jusques icy, ce qui fait que 

 je m'imagine que le Roy de la G. B. ne 1'entend pas amsy et que 

 personne autre que ses suiets ne se resoudra a le souffrir." 



To which letter the following answer was returned, dated New- 

 castle, 26th (16th) May, 1639: 



" J'ay communique la vostre au Roy mon maistre, et vous en rends 

 cette gracieuse responce sur chaque point." Then, after referring 

 to various other matters, the folio whig reply is made to the French 



