Charter In Favor Of Sir William Alexander, Knight, Of The Lordship And Barony Of New Scotland In America

(See also: https://cityofdartmouth.ca/nova-scotias-charter/)

(Translated by the Rev, Carlos Slafter, A.M., of Dedham).

JAMES, by the grace of God, King of Great Britain, France and Ireland, ‘and Defender of the Faith, to all good men, clerical and lay, of his entire realm,—greeting.

Know ye, that we have always been eager to embrace every opportunity to promote the honour and wealth of our Kingdom of Scotland, and think that no gain is easier or more safe, than what 1s made by planting new colonies in foreign and uncultivated regions where the means of living and food abound; especially, if these places were before without inhabitants or were settled by infidels whose conversion to the Christian faith most highly concerns the glory of God.

But whilst many other Kingdoms, and not very long ago, our own England, to their praise, have given their names to new lands, which they have acquired and subdued ; we, thinking how populous and crowded this land now is, by Divine Favour, and how expedient it is that it should be carefully exercised in some honourable and useful discipline, lest it deteriorate through sloth and inaction, have judged it Important that many should led forth into new territory, which they may fill with colonies; and so we think, this undertaking most fit for this Kingdom, both on account of its promptness and activity of its spirit and the strength and endurance of its men against any difficulties, if any other men anywhere dare to set themselves In opposition; and as it demands the transportation only of men and women, stock and grain, and not of money, and cannot repay at this time, when business is so depressed, a troublesome expenditure of the treasures of this realm; for these reasons, as well as on account of the good, faithful and acceptable service of our beloved Counsellor, Sir William Alexander, Knight, to us rendered ara to be rendered, who first of our subjects, at his own expense attempted to plant this foreign colony and selected for plantation the divers Iands bounded by the limits hereafter designated :—

‘We, therefore, from our Sovereign anxiety to propagate the Christian faith, and to secure the wealth, prosperity and peace of the native subjects of our said Kingdom of Scotland, as other foreign princes in such case already have done, with the advice and consent of our well-beloved co and counsellor, John, Earl of Mar, Lord Brakine and Gareoch, &., our High Treasurer, Comptroller, Collector and Treasurer of our new revenues of this ‘our Kingdom of Scotland and of the other Lords Commissioners of our same Kingdom have given, granted and conveyed, and, by the tenor of our present charter, do give, grant and convey to the aforesaid Sir William Alexander, his heirs or assigns, hereditarily, all and single, the lands of the Continent, and islands situated and lying in America, within the head or promontory commonly called Cape of Sable, tying near the forty-third degree of north latitude, or thereabouts; from this Cape stretching along the shores of the sea, westward to the roadstead of St. Mary, commonly called Saint Mary’s Bay, and thence northward by a straight line, crossing the entrance, of mouth, of that great roadstead which runs towards the eastern part of the the countries of the Suriqui and Etchimini, commonly called Suriquois and Etchemines, to the river generally known by the name of St. Croix, and to the remotest springs, or source, from the western side of the same, which empty Into the first mentioned river ; thence by an imaginary straight line which is conceived to extend through the land, or run northward to the nearest bay, river or stream emptying Into the great river of Canada; ‘and going from that eastward along the low shores of the same river of Canada, to the river, harbour, port or shore commonly known and called by the name of Gathepe or Gaspie, and thence south-southeast to the isles called Bacalaoe, or Cape Breton, leaving the said isles on the right, and the mouth of the said great river of Canada, or large bay, and the territory of Newfoundland with the islands belonging to the same lands, on the left; thence to the headland or point of Cape Breton aforesaid, lying near latitude 45 degrees, or thereabouts; and from the said point of Cape Breton toward the south and west to the above-mentioned Cape Sable, where the boundary an; including and containing within the said coasts and their circumference, from sea to sea, all lands of the continent with the rivers, fall bays, shores, islands, or lying near or within six leagues on any side of the same on the west, north or east sides of the same coasts and bounds and on the south-southeast (where Cape Breton lies) and on the south side of the same (where Cape Sable is) all seas and islands southward within forty degrees of said seashore, thereby including the large island commonly called Isle de Sable, or Sablon, lying towards Carban, in common speech, south-southeast, about thirty leagues from the said Cape Breton seaward, and being in latitude 44 degrees, or thereabouts.

The above-described lands shall in all future time bear the name of New Scotland in America, and also the aforesaid Sir William shall divide it into parts and portions as seemeth best to him, and shall give names to the same at his pleasure.

‘With all mines, both the royal ones of gold and silver, and others of tron, lead, copper, tin, brass and other minerals, with the power of mining ‘and causing to dig them from the earth, and of purifying and refining the same, and converting to his own use, or that of others as shall seem best to the said Sir William, his heirs or assigns, or to whomsoever it shall have pleased him to establish in said lands, reserving only to us and our successors a tenth part of the met silver which shall be hereafter dug or obtained from the land said Sir William and his aforesaids whatever of other metals of copper, steel, iron, tin, lead or other minerals, we or our successors may be able in any way to obtain from the earth, in order that thereby they may the more easily bear the large expense of reducing the aforesaid metals; together with margarite, termed pearl, and any other precious stones, quarries, forests, thickets, mosses, marshes, lakes, waters, fisheries, in both salt and fresh water, and of both royal and other fish, hunting, hawking, and anything that may be sold or inherited; with full power, privilege and jurisdiction of free royalty, chapelry, end chancery for ever; with the gift and right of patronage of churches, chapels and benefices; with tenants, tenancies and the services of those holding the same freely; together with the offices of justiciary and admiralty within all the bounds respectively mentioned above; also with power of setting up states, free towns, free ports, villages and barony towns, and of establishing markets and fairs within the bounds of said lands; of holding courts of Justice and admiralty within the limits of such lands, rivers, ports and seas; also with the power of Improving, levying and receiving all tolls, customs, anchor-dues and other of the said towns, marts, fairs and the free ports; and of owning and using the same as freely in all respects as any greater or lesser Baron in our Kingdom of Scotland has enjoyed in any past, or could enjoy in any future time; with all other prerogatives, privileges, Immunities, dignities, perquisites, profits, and dues concerning and belonging to said lands, seas, and the boundaries thereof, which we ourselves can give and grant, as freely and in as ample form as we or any of our noble ancestors granted any charters, letters patent, enfeoffments, gifts, or commissions to any subjects of whatever rank or character, or to any society or company leading out Such colonies into any foreign parts, or searching out foreign land in free and ample form as if the same were included in this present charter ; also we make, constitute and ordain the said Sir William Alexander, his heirs and assigns, or their deputies, our hereditary Lieutenants-General, for representing our royal person, both by sea and by land, in the regions of the sea, and on the coasts, and in the bounds aforesaid, both in seeking said lands and remaining there and returning from the same; to govern, rule, punish and acquit all our subjects who may chance to visit or inhabit the same, or who shall do business with the same, or shall tarry in the said places ; also, to pardon the same, and to establish such laws, statutes, constitutions, orders, instructions, forms of governing and ceremonies of magistrates in said bounds, as shall seem fit to Sir William Alexander himself, of his aforesaids, for the government of the said region, or of the inhabitants of the same, in all causes, both criminal and civil; also, of changing and altering the said laws, rules, forms and ceremonies, as often as he or his aforesaids shall please for the good and convenience of said region ; so that said laws may be as consistent as possible with those of our realm of Scotland, We also will that, in case of rebellion or sedition, he may use martial law against delinquents or such as withdraw themselves from his power, freely as any lieutenant whatever of our realm or dominion, by virtue of the office of lieutenant, has, or can have, the power to use, by excluding all other officers of this our Scottish realm, on land or sea, who hereafter can pretend to any claim, property, authority or interest in or to said lands or province aforesaid, or any jurisdiction therein by virtue of any prior disposal of patents; and, that a motive may be offered to noblemen for joining this expedition and planting a colony in said lands, we, for ourselves and our heirs and successors, with the advice and consent aforesaid, by virtue of our Present charter, do give and grant free and full power to the aforesaid Sir ‘William Alexander and his aforesaids, to confer favours, privileges, gifts and honours to those who deserve them, with full power to the same, or any one of them, who may have made bargains or contracts with Sir William, or hie deputies for the said lands, under his signature, or that of his deputies, and under the seal hereinafter described, to dispose of and convey any part or parcel of said lands, ports, harbours, rivers or of any part of the premises: ‘also, of erecting machines of all sorts, introducing arts or sciences or practicing the same, in whole or in part, as he shall judge to be to their advantage; also, to give, grant and bestow such offices, titles, rights and powers, make and appoint such captains, officers, bailiffs, governors, clerks and all other officers, clerks and ministers of royalty, barony and town, for the execution of justice within the bounds of said lands, or on the way to these lands by sea, and returning from the same, as shall seem necessary to him, according to the qualities, conditions and deserts of the persons who may happen to ‘dwell in any of the colonies of said province, or in any part of the same, or ‘who may risk their goods and fortunes for the advantages and increase of the ‘same ; also, of removing the same persons from office, transferring or chan; ing them, as far as it shall seem expedient to him and his aforesaide.

And, since attempts of this kind are not made without great labour and expense, and demand a large outlay of money, so that they exceed the means of any private man, and on this account the said Sir William Alexander and his aforesaids may need supplies of many kinds, with many of our subjects and other men for special enterprises and ventures therein, who may form contracts with him, his heirs, assigns or deputies for lands, fisheries, trade, or the transportation of people and their flocks, goods and effects to the said New Scotland, we will that whoever shall make such contracts with the said Sir William and his aforesaids under their names and seals, by limiting, assigning and fixing the day and place for the delivery of persons, goods and effects on shipboard, under forfeiture of a certain sum of money, and shall not perform the same contracts, but shall thwart and injure him in the proposed voyage, which thing will not only oppose and harm the said Sir ‘William and his aforesaids, but also prejudice and damage our so laudable intention; then it shall be lawful to the said Sir William and his aforesaids, or their deputies and conservators hereinafter mentioned, in such case to velze for himself, or his deputies whom he may appoint for this purpose, all such sums of money, goods and effects forfeited by the violation of these contracts. And that this may be more easily done, and the delay of the law be avoided, we have given and granted, and by the tenor of these presents ¢o give and grant full power to the Lords of our Council, that they may reduce to order and punish the violators of such contracts and agreements made for the transportation of persons. And although all such contracts ‘between the said Sir William and his aforesaids and the aforesaid adventurers shall be carried out in the risk and the conveyance of people with their goods and effects, at the set time; and they with all their cattle and goods arrive at the shore of that province with the intention of colonizing and abiding there; and yet, afterwards, shall leave the province of New Scotland altogether, and the confines of the same, without the consent of the said Sir Wlliam and his aforesaids or their deputies, or the society and colony afovesaid, where first they had been collected and joined together; and shall go away to the uncivilized natives, to live In remote and desert places; then they shall lose and forfeit all the lands previously granted them; also all their goods within the aforesaid bounds; and it shall be lawful for the said Sir William and his aforesalds to confiscate the same, and to reclaim the same lands, and to seize and convert and apply to his own use and that of his aforesaids all the same b longing to them, or any one of them.

And that all our beloved subjects, as well of our kingdoms and dominions, so also others of foreign birth who may sail to the said lands, or any part of the same, for obtaining merchandise, may the better know and obey the power and authority given by us to the aforesaid Sir William Alexander, our faithful counsellor, and his deputies, in all ‘such commissions, warrant: and contracts as he shall at any time make, grant and establish for the more fit and safe arrangement of offices, to govern said colony, grant lands and execute justice In respect to the said inhabitants, adventurers, deputies, factors or assigns, in any part of said lands, or in failing to the same, we, with the advice and consent aforesaid, do order that the said Sir William Alexander and his aforesaids shall have one common seal, pertaining to the office of Lieutenant of Justiciary and Admiralty, which by the said Sir ‘William Alexander and his aforesalds or their deputies, in all time to come, shall be safely kept; on one side of it our arms shall be engraved, with these words on the circle and margin thereof :—”Sigillur: Regis Scoliae Angliae Franclae et Hybernlae,” and on the other side our image, or that of our successors, with these words :—” Pro Novae Scotiae Locum Tenente,” ‘and a true copy of it shall be kept in the hands and care of the conservator of the privileges of New Scotland, and this he may use in his office as

occasion shall require. And as it is very important that all our beloved subjects who inhabit the said province of New Scotland or its borders may live in the fear of Almighty God and at the same time in his true worship, ‘and may have an earnest purpose to establish the Christian religion therein, ‘and also to cultivate peace and quiet with the native inhabitants and savage aborigines of these lands, so that they, and any others trading there, may safely, pleasantly and quietly hold what they have got with great labour and peril, we, for ourselves and successors, do will and decree, and by our present charter give and grant to the said Sir William Alexander and his aforesaids and their deputies, or any other of our government officers and ministers whom they shall appoint, free and absolute power of arranging and securing peace, alliance, friendship, mutual conferences, assistance and Intercourse with those savage aborigines and their chiefs, and any others bearing rule and power among them; and of preserving and fostering such relations and treaties as they or their aforesaids shall form with them; provided those treaties are, on the other side, kept faithfully by these barbarians; and, unless this be done, of taking up arms against them, whereby they may be reduced to order, as shall seem fitting to the said Sir William and his aforesaids and deputies, for the honour, obedience and service of God, and the stability, defence and preservation of our authority among them; which power also to the said Sir William Alexander and his aforesaids, by themselves or their deputies, substitutes or assigns, for their defence and protection at all times and on all Just occasions hereafter, of attacking suddenly, Invading, expelling and by arms driving away, as ‘well by sea as by land, and by all means, all and singly those who, without the special license of the said Sir Willlam and his aforesaids, shall attempt to occupy these lands, or trade in the said province of New Scotland, or in any part of the same; and in like manner all other persons who presume to bring any damage, loss, destruction, injury or invasion against that province, or the inhabitants of the same: And that this may be more easily done, it shall be allowed to the said Sir William and his aforesaids, their deputies, factors and assigns to levy contributions on the adventurers and inhabitants of the same; to bring them together by proclamations, or by any other order, at such times as shall seem best to the said Sir William and his aforesaids; to assemble all our subjects living within the limits of the said New Scotland and trading there, for the better supplying of the ‘army with necessaries, and the enlargement and Increase of the people and planting of said lands: With full power, privilege, and liberty to the said Sir William Alexander and his aforesalds, by themselves or their agents of sailing over any seas whatever under our ensigns and banners, with as many ships, of as great burden, and as well furnished with ammunition, men and provisions as they are able to procure at any time, and as often as shall seem expedient ; and of carrying all persons of every quality and grade who are our subjects, or who wish to submit themselves to our sway, for entering upon such a voyage with their cattle, horses, oxen, sheep, go0ds of all kinds, furniture, machines, heavy arms, military instruments, as many as they desire, and other commodities and necessaries for the use of the same colony, for mutual commerce ‘with the natives of these provinces, or others who may trade with these plantations; and of transporting all commodities and merchandise, which shall seem to them needful, into our Kingdom of Scotland without the payment of any tax, custom and impost, for the same to us, or our custom-house offers, or thelr deputies; and of carrying away the same from thelr offices on this side, during the space of seven years. following the day of the date of our present charter; and to have this sole privilege for the space of three years next hereafter we freely have granted, and by the tenor our present charter grant and give to the sald Sir Walllam and bie aforesaids, according to the terms hereinafter mentioned.

And after these three years are ended, it shall be lawful, to us and our successors, to levy and exact from all goods and merchandise which shall be exported from this our Kingdom of Scotland to the said province of New Scotland, or imported from this province to our said Kingdom of Scotland, in any ports of this our kingdom, by the said Sir William ‘and his aforesaids, for five per cent. only, according to the old mode of reckoning, without any other impost, tax, custom or duty from them here- after; which sum of five pounds per hundred being thus paid, by the said Sir William and his aforesaids, to our officers and others appointed for this business, the said Sir William and his aforesaids may carry away the ‘said goods from this our realm of Scotland into any other foreign ports and climes, without the payment of any other custom, tax or duty to us or our heirs or successors or any other persons; provided also that said goods, within the space of thirteen months after their arrival in any part of this our kingdom, may be again placed on board a ship. We also give and grant absolute and full power to the said Sir William and his aforesaids, of taking, levying and receiving to his own proper use and that of his aforesaids, from all our subjects who shall desire to conduct colonies, follow trade, or sail to said land of New Scotland, and from the same, for goods and merchandise, five per cent. besides the sum due to us; whether on account of the exportation from this our Kingdom of Scotland to the said province of New Scotland, or of the importation from the said province to this our Kingdom of Scotland aforesaid; and in like manner, from all goods and merchandise which shall be exported by our subjects, leaders of colonies, merchants, and navigators from the said province of New Scotland, to any of our dominions or any other places; or shall be imported from our realms and elsewhere to the said New Scotland, five per cent. beyond and above the sum before appointed to us; and from the goods and merchandise of all foreigners and others not under our sway which shall be either exported from the said province of New Scotland, or shall be Imported into the same, beyond and above the said sum assigned to us, ten per cent. may be levied, taken and received, for the proper use of the said Sir William and his aforesaids, by such servants, officers or deputies, or their agents, they shall appoint and authorize for this business. And for the better security and profit of the said Sir William and his aforesaids, and of all our other subjects desiring to settle in New Scotland aforesaid, or to trade there, and of all others in general who shall not refuse to submit them- selves to our authority and power, we have decreed and willed that the said Sir William may construct, or cause to be built, one or more forts, strongholds, watch-towers, block-houses, and other bulldings, with ports and naval stations, and also ships of war: and the same shall be applied for defending the said places, as shall, to the said Sir William and his aforesaids, seem necessary to accomplish the aforesaid undertaking; and they may establish for their defence there, garrisons of soldiers, n addition to the things above mentioned; and generally may do all things for the acquisition, increase and introduction of people, and to preserve and govern the said New Scotland and the coast and land thereof, {in all its limits, features and relations, under our name and authority, as we might do if present in person; although the case may require a more particular and strict order than is prescribed in this our present charter and to this command we wish, direct and most strictly enjoin all our justices, officers and subjects frequenting these places to conform themselves, and to yield to and obey the cold Sir William and his aforesaids in all and each of the above-mentioned matters, both principal and related; and be equally obedient to them in their execution as they ought to be to us whore person the represents, under the pains of disobedience and rebellion, Moreover, we declare, by the tenor of our present charter to all Christian kings, princes

any one, or any, from the said colonies, in the province of New Scotland aforesaid, or any other persons under their license and command, exercising piracy; at any future time, by land or by sea, shall carry away the goods of any person, or in a hostile manner do any injustice or wrong to any of our subjects, or those of our heirs or successors, or of other kings, princes, governors or states in alliance with us, then, upon such injury offered, or just complaint thereupon, by any king, prince, governor, state or their subjects, we, our heirs and successors will see that public proclamations are made, in any part of our said Kingdom of Scotland, just and suitable for the purpose, and that the said pirate or pirates, who shall commit such violence, at a stated time, to be determined by the aforesaid proclamation, shall fully restore all goods so carried away ; and for the said injuries shall make full satisfaction, so that the said princes ‘and others thus complaining shall deem themselves satisfied. And, if the authors of such crimes shall neither make worthy satisfaction, nor be careful that it be made within the limited time, then he, or those who have committed such plunder, neither are nor hereafter shall be under our government and protection; but it shall be permitted and lawful to all princes and others whatsoever, to proceed against such offenders, or any of them, ‘and with all hostility to invade them.

And though It is appointed that no nobleman and gentleman may depart from this country without our consent, yet we will that this our present charter be a sufficient permission and assurance to all engaging In the said voyage, save those who may be accused of treason or retained by any special order ; and according to our present charter, we declare and decree that no person may leave this country and go to the said region of New Scotland unless they have previously taken the oath of allegiance to us; for which purpose, we, by our present charter, give and grant the said Sir William and his aforesaids, or their conservators and deputies, full power and authority to exact the said oath from and administer it to all Persons proceeding into the said lands in that colony. Moreover, we for ourselves and our successors, with the advice and consent aforesaid, declare decree and ordain that all our subjects, going to the New Scotland, or living in it, and all their children and posterity born there, and all adventuring there, shall have and enjoy all the liberties, rights and privileges of free and native subjects of our Kingdom of Scotland, or of our other dominions, as if they had been born there.

Also, we for ourselves, and our successors, give and grant to the said Sir William and his aforesaids the free power of regulating and coining money for the freer commerce of those inhabiting the said province, of any metal, in what manner and of what form they shall choose and direct for the same.

And if any questions or doubts shall arise on the meaning and construction of any clause in our present charter, all these shall Be taken and explained in their amplest form, and in favour of the said Sir William and his aforesaids. Besides we, of our certain knowledge, proper motive, regal authority and kingly power, have made, united, annexed, erected, created and incorporated, and, by the tenor of our present charter, do make, unite, annex, erect, create and incorporate, the whole and undivided, the said province and lands of New Scotland, with all the seas and limits of the same, and minerals of gold and silver, lead, copper, steel, tin, brass, tron and any other mines, pearls, precious stones, quarries, forests, thickets, mosses, marshes, lakes, waters, fisheries as well in fresh waters as in salt, ‘as well of royal fishes as of others, cities, free ports, free villages, towns, barony villages, seaports, roadsteads, machines, mills, offices and jurisdlctions, and all other things generally and particularly mentioned above, in one entire and free lordship and barony which shall be called in all future time by the aforesaid name of New Scotland.

And we will and grant, and for ourselves and our successors decree and order, that one selsin now made by the said Sir William and his aforesaids, upon any part of the soil of the said lands and upon the province before described, shall in all future time be effective; and shall be a sufficient selsin for the whole region with all the parts, appendages, privileges, accidents, liberties, and immunities, of the same mentioned above, without any other special and definite selsin to be taken by himself or his aforesalds on any other part or place of tho same, And concerning this selsin and all things which have followed it, or can follow it, with the advice and consent above mentioned, for ourselves and successors have dispensed, and by the tenor of our present charter, in the manner hereafter mentioned, do dispense for ever: To hold and to possess, the whole and undivided, the said region and lordship of New Scotland, with all the bounds of the same within the ‘seas above mentioned, all minerals of gold and silver, copper, steel, tin, lead, brass and iron and any other mines, pearls, precious stones, quarries, woods, thickets, mosses, marshes, lakes, waters, fisheries, as well in fresh water as salt, as well of royal fishes as of others, states, tree towns, free ports, towns, baronial villages, seaports, roadsteads, machines, mills, offices and jurisdictions, and all other things generally and specially mentioned above ; with all other privileges, liberties, immunities and accidents, and other things above mentioned, to the aforesaid Sir Willlam Alexander, his heirs and assigns, from us and our successors, in free covenant, inheritance, lordship, barony and royalty, for ever, through, all their Just bounds and limits, as they be in length and breadth, in ‘houses, buildings erected and to be erected, bogs, plains and moors, marshes, roads, paths, waters, swamps, rivers, meadows and pastures, mines, malt-houses and their refuse, hawkings, huntings, fisheries, peat-mosses, turf-bogs, coal, coal-pits, coneys, warrens, doves, dove-cotes, workshops, maltklins, breweries and broom-woods, groves and thickets; wood, timber, quarries of stone and lime; with courts, fines, pleas, heriots, outlaws, rabbles of women, with free entrance and exit, and with fork, foss, fok, fac, theme, Infangtheiff, wrak, wair, veth, vert, vennesonn, pit and gallows; and with all other and singly, the liberties, commodities, profits, easements and their rightful pertinents of all kinds, whether mentioned or not, above or below ground, far and near belonging, or that can belong, to the aforesaid region and lordship, in any manner, for the future, freely, quietly, fully, willy, honorably, well and in peace, without any revocation, contradiction, impediment, or obstacle what- ever. Annually, at the festival of Christ’s nativity, on the foil of the said lands and of the province of New Scotland, the said Sir William Alexander and his aforesaids shall pay to us and our heirs and successors, under the name of quit-rent, one penny of Scottish money, if so much be demanded.

And because the tenure of the said lands, and of the province of New Scotland, and the quit-rent above-mentioned, may fail through want of the timely and lawful entry of any heir or heirs of the said Sir William succeeding him, a thing which they may not easily accomplish on account of the great distance from our kingdom; and these same lands and province, on Account of non-entrance, may come into our hands and those of our successors until the lawful entrance of the legitimate heir; and we being unwilling that the said lands and region at any time should fall into non- entry, or that the said Sir William and his aforesaids should be thus deprived of the benefits and profits of the same, therefore we, with the advice aforesaid, have dispensed with the said non-entry whenever it shall occur, and, by the tenor of this our charter, we, for ourselves and our successors, do dispense ; and also we have renounced and exonerated, and by the tenor of our present charter, with the consent aforesaid, we do

renounce and exonerate the said Sir Willlam and his aforesaids in respect to the above-mentioned non-entrance of the said province and region whenever it shall come into our hands, or, by reason of non-entry, may fall, with all things that can follow therefrom; provided, however, that the said Sir William, his heirs and assigns, within the space of seven years after the decease and death of their predecessors, or entry to the possession of said lands, and of other things aforesaid, by themselves or their lawful agents holding power for this purpose, do homage to us and our successors, and come to and receive through us, the same lands, lordship, barony and other things aforesaid, according to the laws and statutes of our said Kingdom of Scotland. Finally, we, for ourselves, and our successors, do will, decree and ordain that this our present charter and enfeoffment above written of the lands aforesaid, lordship, and region of New Scotland, and the privileges ‘and liberties of the same, shall be ratified, approved and established in our next Parliament of our said Kingdom of Scotland whenever it shall meet, so that it shall have therein the force and efficacy of a decree; and for this we, for ourselves and our successors, declare that this our charter shall be a sufficient warrant ; and as a prince, we promise that the same shall be ratified and approved, and also we promise to alter, renew, increase and extend the same into the most ample form, as often as it shall deem necessary and expedient to the said Sir William and his aforesaids.

Moreover it has seemed best to us, and we order and enjoin our beloved . . . our sheriffs especially appointed on our part, on seeing this our charter under our great seal, so to give and grant to the aforesaid Sir William and his afforesaids, or their attorney or attorneys, possession and seisin, actual and real, of the lands, lordship, barony and other things mentioned above, with all privileges, immunities, liberties, and other things above expressed ; and this seisin we, by the tenor of our present charter, declare to be as lawful and regular as if he had a precept, under proof of our Great Seal, and in the most ample form, with all clauses requisite for ‘the aforesaid purpose ; with which we, for ourselves and our successors, do for ever dispense. In witness whereof we have commanded our Great Seal to be affixed to this our present charter. Witnesses :—Our well-beloved cousins and councillors, James, Marquis of Hamilton, Earl of Arran and Cambridge, Lord Aven and Innerdaill ; George, Earl Marischal, Lord Keith, &c. Marshal of our Kingdom ; Alexander, Earl of Dunfermline, Lord Fyvie and Urquhart, &c., our Chancellor; Thomas, Earl of Melros, Lord Binning and Byres, our Secretary :—Our beloved familiar Councillors, Baronets ; Sir Richard Cockburn, junior, of Clerkington, Keeper of our Privy Seal ; Sir George Hay, of Kinfawins, our Register of the Rolls and Clerk of the Council Sir John Cockburn, of Ormiston, Clerk of our Justiciary ; and Sir John Scott Scotstarvet, Director of our Chancery, Knights.

At our Castle of Windsor, the tenth day of September, in the year of our Lord 1621, and of our Reigns the fifty-fifth and nineteenth years respectively.

By signature superscribed by the hand of our Sovereign Lord the King; and subscribed by the hands of our Chancellor, Treasurer, Provincial Secretary, and of the other Lords, our Commissioners, and of our Privy Council of the said Kingdom of Scotland.

Written to the Great Seal, 29 September, 1621

Bourinot, John George. “Builders of Nova Scotia : a historical review, with an appendix containing copies of rare documents relating to the early days of the province” [S.l. : s.n., 1899?] https://www.canadiana.ca/view/oocihm.00220/163?r=0&s=2

The Bannatyne Club “Royal Letters, Charters and Tracts, relating to the colonization of New Scotland, and the institution of The Order of Knight Baronets of Nova Scotia. 1621-1638.” Edinburgh 1867 https://www.electricscotland.com/canada/fraser/royalletters.pdf