Colonial Connections

Traité entre Louis XIII. Roi de France, & Charles I. Roi d’Angleterre, pour la restitution de la Nouvelle France, l’Acadie & le Canada, et des Navires et Marchandises, pris de part & d’autre.

Fait à Saint-Germain en Laye, le 29 jour de mars 1632

Article I.

De la part de Sa Majesté très Chrétienne, suivant le Pouvoir qu’elle en a donné au Sieur de Bullion Conseiller du Roi en ses Conseils d’État et Privé, & Bouthiliier aussi Conseiller du Roi en sesdits Conseils, & Secrétaire de ses commandemens, dont coppie sera inserée à la fin des presentes : Il est promis & accordé que les Sieurs Lumague ou Vanelly donneront caution & assurance au nom de sa dite Majesté & en leur propre & privé nom, presentement après la signature & datte des presentes, de payer dans l’espace de deux mois, à compter du jour de ladite datte, au Sieur Isack Wake Chevalier & Ambassadeur du Roi de la Grande Bretagne, ou a qui il ordonnera, en la Ville de Paris la somme de soixante quatre mille deux cens quarante six livres quatre sous trois deniers tournois pour les marchandises du Vaisseau le Jaques, & la semme de soixante neuf mille huit cens nonante six livres neuf sous deux deniers pour les marchandises du Vaisseau la Benediction, le tout au taux du Roi : & que dans quinze jours lesdits deux Navires, le Jaques & la Benediction estans maintenant au Port & Havre de Dieppe avec leurs cordages, canons, munitions, agrets, apparaux, & victuailles qui furent trouvées à leur arrivée audit Dieppe, seront restitués au dit Sieur Ambassadeur d’Angleterre, ou a qui il ordonnera : & si quelque chose de cela vient a manquer, luy sera payé en argent comptant.

Article II.

Et pour le regard du Navire le Bride ou Espouse, les sommes ausquelles se trouveront monter ce qui a esté vendu à Calais, tant des vins & autres marchandises, que du corps du Navire, canons, munitions, agrets, apparaux, & victuailles d’iceluy seront payés : Ensembie les sommes ausquelles se trouveront monter le reste de la charge dudit Navire, trouvée dans iceluy lorsqu’il fut pris : lesquelles seront payées sur le pied de la dernière vente faite audit Calais. Pour le payement dequoi lesdits Sieurs de Lumague ou Vanelly, passeront caution pour le payer audit Ambassadeur, ou à qui il ordonnera dans le terme susdit.

Article III.

De la part de Sa Majesté de la Grande Bretagne, ledit Sieur Ambasladeur en vertu du Pouvoir qu’il a, lequel sera inseré à la fin des presentes, a promis & promet pour & au nom de ladite Majesté, de rendre & restituer à Sa Majcsté très-Chretienne, tous les lieux occupés en la nouvelle France, l’Acadie & Canada par les Sujets de Sa Majesté de la Grande Bretagne, iceux faire retirer desdits lieux. Et pour cet effet ledit Sieur Ambassadeur délivrera lors de la passassion & signature des presentes aux Comissaires du Roi très Chretien, en bonne forme le Pouvoir qu’il a de Sa Majesté de la Grand-Bretagne, pour la restitution desdits lieux, ensemble les Commandemens de Sadite Majesté, a tous ceux qui commandent dans le Fort-Royal, Fort de Québec, & Cap Breton, pour être lesdites Places & Fort rendus & remis és mains de ceux qu’il plaira a Sa Majesté tres-Chretienne ordonner, huit jours après que lesdits commandemens auront été notifiés à ceux qui commandent ou commanderont ésdits lieux, ledit tems de huit jours leur étant donné pour retirer cependant hors desdits Lieux, Places & Fort leurs armes, bagage, marchandises, or, argent, ustenciles, & généralement tout ce qui leur appartient, ausquels & a tous ceux qui sont esdits lieux est donné le terme de trois semaines après lesdits huit jours expirés, pour durant icelles, ou plutôt si faire se peut, retirer en leurs Navires avec leurs armes, munitions, bagages, or, argent, ustenciles, marchandises, pelleteries, & généralement tout ce qui leur appartient, pour de la se retirer en Angleterre, sans sejourner davantage esdits pais. Et comme il est necessaire que les Anglois envoyent ésdits lieux pour reprendre leurs gens & les ramener en Angleterre : Il est accordé, que le General de Caen payera les frais necessaires pour l’équipage d’un Navire de deux cens ou deux cent cinquante tonneaux de port, que les Anglois envoyeront esdits lieux, a-scavoir le louage d’un Navire d’allée & de retours, victuailles de gens tant de marine pour la conduite du Navire, que de ceux qui sont a terre, lesquels on doit ramener ; salaire d’iceux, & généralement tout ce qui est necessaire pour l’équipage d’un Navire dudit port pour un tel voyage, selon les usances & coutumes d’Angleterre : & de plus, que pour les marchandises loyales & marchandes qui pourront rester es mains des Anglois non troquées, il leur donnera satisfaction esdits lieux, selon qu’elles auront coûté en Angleterre avec trente pour cent de profit , en consideration des risques de la mer & port d’icellcs payé par eux.

Article IV.

Procédant par les Sujets de Sa Majesté de la Grand-Bretagne a la restitution desdites Places, elles seront restituées en mesme état qu’elles étoient lors de la prise, sans aucune démolition des choses existentes lors de ladite prise.

Article V.

Les armes & munitions contenues en la deposition du Sieur Champlain, ensemble les marchandises & ustenciles qui furent trouvées a Québec lors de la prise, seronc rendues ou en espece, ou en valeur, selon que le porte la deposition du dit Sieur de Champlain, & sera tout le contenu en icelle, ensemble tout ce qui est justifié par la dite deposition avoir été trouvé audit lieu lors de la prise, rendu & delaissé audit Fort entre les mains des François : Et si quelque chose manque du nombre de chacune espece, sera satissait & payé par le Sieur Philippes Burlamachy, a qui par Sa Majesté tres-Chretienne sera ordonné, hormis les cousteaux, castors, & provenu des debtes enlevés par les Anglois, dequoy on a convenu cy-dessous, & satisfaction a été donnée audit General de Caen, pour & au nom de tous ceux qui y pourroient avoir intérêt.

Article VI.

De plus ledit Sieur Burlamachy de la part de Sa Majesté de la Grand-Bretagne, pour & au nom de sa dite Majesté, a la requeste & commandement dudit Sieur Ambassadeur, selon l’ordre qu’il a receu d’elle, & encores en son propre & privé nom a promis & promet de payer audit General de Caen, dans deux mois, du jour & datte & de la signature des presentes, pour toutes & chacune desdites pelleteries, cousteaux, debtes dues par les Sauvages audit General de Caen & autres marchandises a luy appartenans, trouvées dans ledit Fort de Quebec en l’an mil six cens vingt-neuf, la somme de quatre vingt deux mille sept cens livres tournois.

Article VII.

Plus luy faire rendre & restituer en Angleterre la barque nommée l’Helene, agrets, canons, munitions, & appartenances, selon le Mémoire qui en a esté justifié pardevant les Seigneurs du Conseil d’Angleterre.

Article VIII.

Seront de plus restituées audit General de Caen, dans l’habitation de Québec, toutes les bariques de gallettes, barils de poix, prunes, raisins, farines, & autres marchandises & victuailles de traite, qui estoient dans la dite barque, lors de la prise d’icelle en l’an mil six cens vingt-neuf, ensemble les marchandises a luy appartenans, qui ont esté deschargées & laissèes l’année dernière a Québec, en Ia rivière de Saint Laurens, Païs de la nouvelle France.

Article IX.

Et en outre promet le dit Sieur Burlamachy audit nom que dessus, payer ou faire payer dans Paris, a qui par Sa Majesté très Chretienne sera ordonné la somme de mil six cens deux livres tournois, dans ledit temps, pour les navires le Gabriel de Saint- Gilles, Sainte Anne du Havre de Grâce, la Trinité des Sables d’Olonne, le Sainct Laurent de Saint Malo, & le Cap du Ciel de Calais, canons, munitions, agrets, cordages, victuailles, marchandises, & généralement toutes choses comprises es inventaires & estimations desdits Navires, faites par les Juges de l’Amirauté en Angleterre ; pareillement pour la barque d’avis, envoyée par les Associés du Capitaine Bontemps, avec les canons, munitions, agrets, apparaux, marchandises, & victuailles, la somme que l’on trouvera que ladite barque, & marchandises, agrets, canons & munitions, auront été vendus ou évalués par ordre des Juges de l’Amirauté en Angleterre. Et le même pour le Vaisseau donné par ledit Bontemps aux Anglois repasses en Angleterre, selon l’évaluation qui en aura été faite comme dessus.

Article X.

A esté accordé, que sur les sommes qui doivent être restituées par les Anglois & François, seront déduits les Droits d’entrée ; ensemble ce qui aura été baillé pour la garde des marchandises, & réparation desdits Navires, & particulierement douze cens livres, pour ce qui touche les Droits d’entrée des marchandises dudit General de Caen, & douze cens livres qu’il doit payer pour les vivres fournis aux François a leur retour en Angleterre, & France en 1629.

Article XI.

Deplus, a esté convenu de part & d’autre que si lors de la prise desdits Vailïeaux, le Jaques, la Benediction, le Gabriel de Saint-Gilles , Sainte Anne du Havre de Grâce, la Trinité des Sables d’Olonne, le Sainct Laurent de Saint Malo, le Cap du Ciel de Calais, a été prise aucune chosc contenue es inventaires, & qui néanmoins n’aura été compris és procès verbaux des ventes ou estimations, comme aussi, si lors de la prise desdits Vaisseaux il a esté soustrait ou enlevé quelque chose non comprise ès inventaires faits, tant en Angleterre qu’en France, par les Officiers de la Marine, & Officiers de l’Amirauté, il sera loisible aux interessés desdits Navires de se pourvoir par les voyes ordinaires de la Justice, contre ceux qu’ils pourront prouver être coupables de ce delict, pour iceux être contraints par corps a la restitution de ce qui sera prouvé avoir été enlevé par eux, & qu’à ce faire ils seront contraints solidairement, le solvable pour l’insolvable, sans toutefois que lesdits interessés puissent pour raison de ce prétendre aucune réparation de leurs griefs par represailles ou Lettres de marque, soit par mer, ou par terre.

Pour l’exécution de ce que dessus, toutes Lettres & Arrêts necessaires seront expédiés depart & d’autre, & fournis dans quinze jours.

Treaty between Louis XIII. King of France, Charles I. King of England, for the restitution of New France, Acadia and Canada, and Ships and Goods, taken from others.

Done at Saint-Germain en Laye, 29 March 1632

Article I.

On the part of His Most Christian Majesty, according to the power which she gave to the Sieur de Bullion Counsellor of the King in his Councils of State and Private, Bouthiliier also Adviser to the King in his Councils, Secretary of his orders, of whom shall be included at the end of the present: It is promised that the Sieurs Lumague or Vanelly will give his own accountthe signature of the present, to pay in the space of two months, from the day of the said date, to Sieur Isack Wake Chevalier – Ambassador of the King of Great Britain, or to whom he shall order, in the City of Paris, the sum of sixty four thousand two hundred and six six pounds four under three deniers tournaments for the goods of the Vaisseau le Jaques,The Benediction, all at the rate of the King: – in fifteen days the said two ships, the Jaques–the Benediction now lies now at Port– Havre de Dieppe with their ropes, canons, ammunition, agrets, apparaux, . . . vituailles which were found upon their arrival at the said Sieur Ambassadeur d’Angleterre, or to whom he will have.

Article II.

And for the gaze of the ship the Flange or Espouse, the sums to which will be raised up what was sold to Calais, both wines and other commodities, and the body of the ship, cannons, ammunition, agrets, apparels, and icywee will be paid: For the payment of the said Sieurs de Lumague or Vanelly, he will pass bail to pay him to the Ambassador, or to whom he will order in the abovementioned term.

Article III.

On behalf of His Majesty of Great Britain, the said Mr. Ambassador by virtue of the Power he has, which will be inserted at the end of the present, has promised & promises for & in the name of the said Majesty, to return & restore to His Most Christian Majesty, all places occupied in the new France, Acadia & Canada by the Subjects of His Majesty of Great Britain, they have to remove from the said places. And for this purpose the said Mr. Ambassador will deliver during the passing and signing of the presents to the Commissioners of the Most Christian King, in good form the Power he has from His Majesty of Great Britain, for the restitution of the said places, together with the Commandments of this Majesty, to all those who command in the Fort-Royal, Fort of Quebec, & Cape Breton, to be the said Places & Fort returned & handed over to the hands of those whom His Most Christian Majesty will be pleased to order, eight days after the said commands have been notified to those who command or will command the said places, the said time of eight days being given to them to remove from the said Places, Places & Fort their weapons, luggage, goods, gold, silver, utensils, & generally everything what belongs to them, to whom and to all those who are in said places is given the term of three weeks after the said eight days expired, for during these, or rather if possible, to withdraw in their Ships with their weapons, ammunition, baggage, gold, silver, utensils, goods, furs, and generally everything that belongs to them, in order to retire to England, without staying any longer in these countries. And as it is necessary for the English to send these places to recapture their people and bring them back to England: It is agreed that the General of Caen will pay the necessary expenses for the crew of a ship of two hundred or two hundred and fifty tons of port, which the English will send to these places, namely the rental of a ship for going and returning, provisions of both naval personnel for the conduct of the ship, and of those who are on land, who must be brought back ; salary of them, & generally all that is necessary for the crew of a Ship of the said port for such a voyage, according to the customs & customs of England: & moreover, that for the loyal & merchantable goods which may remain In the hands of the English not bartered, he will give them satisfaction for these said places, according to what they will have cost in England with thirty percent profit, in consideration of the risks of the sea & port of icecells paid by them.

Article IV.

Proceeding by the subjects of His Majesty’s Grand Bretagne has the return of the said Places, they shall be returned in a state which they were at the time of the take-off, without any demolition of the things existing during the seizure.

Article V.

The weapons and ammunition contained in the deposition of the Sieur Champlain, together the goods which were found at Quebec at the time of the take, seronc returned or in their species, or in value, depending on whether the bearer of the said Sieur de Champlain, will be all the content in the string, together all that is justified by the said position having been found at the place at the time of the take, rendered- paid by Sieur Philippes Burlamachy, a who by His Majesty very Christian will be ordered, except for the squeals, beavers, – from the debtes removed by the Anglois, dequioy it has been agreed below, – satisfaction was given to Mr. General of Caen, for – on behalf of all those who wish to have an interest there.

Article VI.

In addition, Mr. Burlamachy from His Majesty of Great Britain, has the request to the command of Mr. Sieur Ambassador, in the order he has received from Her Majesty, in his own private name, promises to pay to the General of Caen, in two months’ day of the day of the signing of theGeneral de Caen – other goods a luy belongans, found in said Fort de Quebec in the year six cens twenty-nine, the sum of ninety-two thousand seven tournaments.

Article VII.

The more heaped to return to England the boat named Helene, agrets, cannons, ammunition, belongings, according to the Memory which was justified in front of the Lords of the Council of England.

Article VIII.

In addition, the audit of General de Caen, in the house of Quebec, will be returned all the gallette bars, pitch barrels, plums, grapes, flours, other goods, milking goods, which were in the said boat, when taking a twin in the year six cens 29-nine, together the goods a luy belongans,Pais de la nouvelle France.

Article IX.

And in addition promises the said Sieur Burlamachy to the name that on it, to pay or make a payment in Paris, a which by His Majesty very Christian will be ordered the sum of six millen two pounds tournaments, in that time, for the ships the Gabriel de Saint-Girlles, Sainte Anne du Havre de Grâce, the Trinity of the Sands of Olonne, the Sainct Laurent de Saint Malo,in the opinion boat, sent by Captain Bontemps’s associates, with the guns, ammunition, agrets, apparels, goods, goods, vituries, the sum which will be found that said boat, – goods, -England. And the same for the ship given by the said Anglois irons in England, according to the evaluation made as it is on top.

Article X.

A has been granted, that of the sums which are to be returned by the Anglois and François, the Entry Rights shall be deducted; together what has been yawned for the custody of the goods, – repair of the said Ships, in particular twelve cens livres, with regard to the entry duties of the goods of the said General de Caen, twelve pounds which he must pay for the food supplied to the François in France.

Article XI.

In addition, it was agreed on either side than if when the said Vaiileaux were taken, the Jaques, the Benediction, the Gabriel de Saint-Gilles, Sainte Anne du Havre de Grâce, the Trinity of the Sands of Olonne, the Sainct Laurent de Saint Malo, the Cap du Ciel de Calais, was taken no shock contained in inventories,Vessels he has been removed from or removed something not included from inventories made, both in England and in France, by the officers of the Navy, and officers of the Admiralty, it will be possible for the interested parties to provide themselves by the ordinary judges of the courts, against those whom they may prove guilty of this delict, for being forced by corpsthe solvent for the insolvent, but not because the said interests could be able to do so claim no compensation for their claims by represale or Letters of Mark, either by sea, or by land.

For the execution of what on top, any Letters – Stops necessary will be dispatched – of other departures, – provided in a fortnight.

William F. Maton Sotomayor, “Canadian Constitutional Documents” https://www.solon.org/Constitutions/Canada/French/Pr%C3%A9-Conf%C3%A9d%C3%A9ration/Treaty_1632.html

August 5, 1621.

JAMES R.

RIGHT trusty and welbeloued Coscns and Counsellours and right trusty and welbeloued Counsellours Wee greete you well. Haueing euer beene ready to em brace anie good occasion whereby the honor or proffete of that our Kingdome might be advanced, and considering that no kynd of conquest can be more easie and innocent than that which doth proceede from Plantationes specially in a countrey commodious for men to live in yet remayncing altogether desert or at least onely inhabited by Infidells the conversion of whom to the Christian fayth (intended by this meanes) might tend much to the glory of God ; Since sundry other Kingdomes as likewyse this our Kingdome of late, vertuously acluentring in this kynd haue renued their names, imposeing them thus vpon new lands, con sidering (prayscd to God) how populous that our kingdome is at this present and what necessity there is of some good meanes whcrby ydle people might be employed preventing worse courses \Vce think there are manic that might be spared who male be fitt for such a forraine Plantation being of mynds as resolute and of bodyes as able to overcome the difficulties that such aduenturers must at first encounter with as anie other Nation whatsoeuer, and such an enterprise is the more fitt for that our kingdome that it doth craue the transportation of nothing from thence, but only men, women, cattle, and victualls, and not of money, and maic giue a good returne of other commodityes affording the meanes of a new trade at this tyme when traffique is so much decayed. For the causes abouespecifeit Wee haue the more willingly harkened to a motion made vnto vs by or trusty and welbeloued Counsellour SIR WILLIAM ALEXANDER knight who hath a purpose to procure a forraino Plantation haueing made choice of lands lying bctwecne our Colonies of New England and Newfoundland both the Gouernours whereof haue encouraged him thereunto, therefore that he and such as will vndertake with him by getting of good security maie be the better enabled hereunto Our pleasure is that after due consideratione if you finde this course as Wee haue conceaued it to be for the

good of that our Kingdome That yow graunt vnto the sayd Sir William his heires and assignes or to anie other that will joyne with him in the whole or in any part thereof a Signatour vnder our Great Scale of the sayd lands lying betweene New England and Newfoundland as he shall designe them particularely vnto yow To be holden of vs from our kingdome of Scotland as a part thereof united therewith bv anie such tenure and as freely as yow shall finde vs to haue formerly granted in the like case here, or that yow shall think fitt for the good of the sayd plantation with as great priuiledges and fauours for his and their benefite both by sea and land, and with as much power to him and his heires and their deputyes to inhabite, gouerne, and dispose of the sayds lands, as hath at anie tyine bene graunted by vs heretofore to anie of our subjects whatsoeuer for anie forraine plantation or that hath beene graunted by anie Christian prince of anie other kingdome for the like cause in giueing authority power benefite or honor within the bounds to be plaunted to them or by warranting them to conferre the like vpon any particular enterpryser there who shall deserue the samen, adding any further conditiones for the furtherance hereof as yow shall think requisite and that the said Signatour be past and exped with all expedition And likewise Our pleasure is that yow giue all the lawfull ayde that can be afforded for furthering of this enterprise which Wee will esteeme as good seruice done to vs for doing whereof these presents shall be your warrant from Our Court at Beauer the 5th of August 1621. (Indorsed) —

To our Right trusty and welbeloued Cosen and Counsellour The Earle of Dumfermling cure Chancellour of Scotland And to our right trusty and welbeloued Counsellours The remanent Earles Lords and others of our Priuy Councell of our sayd Kingdome.

SIR WILLIAM ALEXANDER. July 18, 1622.

Forsarackle as in the Patent grantit to SIR WILLIAM ALEXANDER Knight anent the new Plantatioun intendit and vndertane be him of landis lyand betuix his Majesteis Colonels of New England and the newfundland, thair is a Ooinmissioun of Lieutennandrie Justiciarie and Admiralitie insert and for the gritair solempnitie in useing of the saidis Officcis It is appointit and ordanit he the said Patent that he sail haif ane Scale according to the forme vnderwritten Thairfoir the Lordis of Secreit Counsell ordanis and commandis Charlis Dikkiesoun sinkair of his Maiesteis Irnis, to mak grave and sink in dew and comelie forme Ane scale haueand on the ane syde his Majesteis armes within a sheild, the Scottis armes being in the first place, with a close crowne aboue the armes, with this circomescriptioun Sigillum Regis Scotice Anglice Francice. et Hibemice, and on the other syde of the seale his Maiesteis portrait in armour with a crowne on his heade ane sceptour in the ane hand, and ane globe in the other hand, with this circomescriptioun Pro Nonce Scotiae locum tenente Anent the raakeing graveing and sinking of the whilk seale The extract of this Act salbe vnto the said Charlis ane sufficient warrande.

FKOM HIS MAJESTIE ANENT BARONETTIS. October 18, 1624.

[JAMES R.]

Right trustie and welbeloued Counsellour Richt trustie and welbeloued Cosens and Counsello™ and trustie and weilbeloued Counsellours We greate you weill The Letter ye sent giving us thankes for renueing of the name of that our ancient Kingdome within AMERICA intreateing our favour for the furthering of a Plantatioun ther, was verie acceptable vnto vs and reposeing vpoun the experience of vthers of cure subiects in the like kinde We ar so hopefull of that enterprise that We purpose to make it a worke of cure Owne And as We wer pleased to erect the honour of KNICHT BARRONETTS within this oure Kingdome for advancement of the Plantatioun of Ireland, So We doe desire to confcrr the like honour within that our Kingdome vpoun suche as wer worthie of that degree and will agree for some proportioun of ground within NEW SCOTLAND furnisheing furth such a num ber of persones as salbe condiscended vpoun to inhabite there Thus sail both these of the cheife sorte (avoydeing the vsuall contentions at publick meetings) being by this Heredetarie honour preferred to others of meaner qualitie know ther owne places at home and likwyse sail haue ther due abroad from the subiects of our other countreyis accordeing to the course apointed for that our ancient Kingdome And the mentioning of so noble a cause within ther Pattents sail both serue the more by suche a singular merite to honour them and by so goode a ground to iustifie our Judgement with the posteritie But thouch the conferring of honour be meerely Regall and to be done by Vs as We please yet We would proceed in no matter of suche moment without youre advyse OUR PLEASURE is haueing considered of this purpose if ye find it as We conceive it to be both fitt for the credit of that Our Kingdome and for the furtherance of that intended Plantatioun that ye certifie vs your opinione concerning the forme and conveniencis thairof, togither withe your further advyce what may best advaunce this so worthie worke which We doe verie muche affect but will vse no meanes to induce onie man thereunto further then the goodnes of the busines and his awne generous dispositione shall perswade Neither doe We desire that onie man salbe sent for or travelled with by you for being Barronet, but after it is founde fitt will leave it to their owne voluntarie choise, not doubteing (howsoever some for want of knowledge may be averse) but that ther wilbe a greater nomber than we inttend to make of the best sorte to imbrace so noble a purpose whereby bothe they in particular and the whole Natione generally may have honour and profile And We wishe you rather to thinke how remedies may be provyded against any inconveniences that may happin to occure then by conjecturing difficulties to loose so faire and vnrecoucrable occasioun whiche other Nations at this instant are so earnest to vndertake. And for the better directinge of your iudgement We haue appointed ane printed copie of that Order quhiche was taken concerning the Barronettis of this our Kingdome to be sent vnto you as it was published by authoritie from Vs.1 So desireing you to haste back your ansueire that We may signifie our further pleasure for this purpose We bid you Fairweill. From Our Courte at Roystoun the 18 day of October 1624.

TO HIS MAJESTIE ANENT THE BARONETTIS. November 23, 1624.

MOST SACRED SOUERANE,

We haue considerit of your Maiesties letter concerning the Barronettis and doe therby persave your Maiesties great affectioun towards this your ancient Kingdome and your Maiesties most Judicious consideratioun in makeing choise of so excellent meanes both noble and fitt for the goode of the same, wherein seing your Maiestie micht haue proceidit without our advyce, and vnacquenting vs with your Maiesties royall resolutioun therein, wo ar so muche the more boundin to randcr vnto your Maiestie our most humble thankes for your gracious respect vnto vs not onlie in this but in all vther thinges importing this estate outlier in credite or profit And we humblie wisse that this honour of Barronet sould be conferrit vpoun none but vpon Knichtis and Gentlemen of chiefe respect for their birth, place or fortounes, and we haue taken a course by Proclamatioun to mak this your Maiesties gracious intentione to be publicklie knowen that non heirafter praetending ignorance take occasion inwardlie to compleyne as being neglected bot may accuse thameselffis for neglecting of so fair ane opportunitie And whereas we ar given to vnderstand that the country of NEW SCOTLAND being dividit in twa Pro vinces and cache province in severall Dioccises or Bishoprikis, and cache diocese in thrie Counteyis, and cache countey into ten Baronyis, everie baronic being thrie myle long vpon the coast and ten myle vp into the countrie, dividit into sex parocheis and cache paroche contening sax thousand aikars of land and that everie Baronett is to be ane Barone of some one or other of the saids Barroneis and is to half therein ten thowsand aikars of propertie besydis his sax thowsand aikars belongeing to his bur’ (burgh) of baronie To be holdin free blanshe and in a free baronie of your Maiestie as the barronies of this Kingdome ffor the onlie setting furtli of sex men towardis your Maiesties Royall Colonie armed, apparelld, and

victuald for two yeares And everie Baronet paying SIR WILLIAM ALEXANDER Knicht ane thousand merkis Scottis money only towards his past charges and endevouris Thairfore our humble desire vnto your Maiestie is that care be taken by suirtie actit in the bookis of Secreit Counsall, as was in the Plantatioun of Vlster that the said nomber of men may be dewlie transported thither with all provisions necessar and that no Baronet be maid but onlie for that cause And by some such one par ticular course onlie as your Maiestie sail appointe And that Articles of Plantatioun may be set furth for encourageing and induceing all others who hes habilitie and resolutioun to transport themselffis hence for so noble a purpose.

Last we consave that if some of the Englishe who ar best acquainted with such forrayn enterpreises wald joyne with the saids Baronetts heir (as it is liklie the lyker conditioun and proportioun of ground wald induce thame to doe) That it wald be ane grite encouragement to the furtherance of that Royall worke quhilk is worth [ie] of your Maiesties care And we doubte not sindrie will contribute their help heirunto. So exspecting your Maiesties forder directioun and humblie sub mitting our opinione to your Maiesties incomparable Judgement We humblie tak our leave prayeing the Almichtie God to blisse your Maiestie with long and happie Reigne. From Edinbrugh the 23 of November 1624.

(Sic subscribitur) GEO. HAY. LAUDERDAILL. MAR. L. ARESKINE. ST ANDROIS. CARNEGIE. MORTOUN. B. DUMBLANE. LINLITHGOW. A. NEPER. MELROS. S. [W.] OLIPHANT.

PROCLAMATIOUN ANENT BARONETIS. November 30, 1624.

Apud Edinburgh ultimo die mensis Novembris 16J4.

At Edinburgh the last day of November The yeir of God 1600 Tuentie four yearis Our Soverane Lord being formarlie gratiouslie pleased to erect the heritable honnour and title of ane Baronet as ane degree, state and place nixt and iramediatlie following the younger sones of Vicounts and Lordis Baronis of Parliament as ane new honnour whairwith to rewaird new meritis Haveing conferrit the same honnour place and dignitie upoun sundrie of the Knights and Esquhyris of Ingland and Ireland to thame and thair airis maill for ever In consideratioun of thair help and assistance toward that happie and successfull plantatioun of ULSTER IN IRELAND To the grite strenth of that his Majesties Kingdome, incresse of his Hienes reve nues and help to manie of his Majesties goode subjects And quhairas our said Soverane Lord being no les hopefull the plantatioun of NEW SCOTLAND in the narrest pairt of America alreadie discovered and surveyed be some of the subjects of his Majesties Kingdome of Scotland joyning unto NEW ING LAND quhairin a grite pairt of his Ilienes nobilitie, gentrie, and burrowis of Ingland ar particular-lie interessed and hes actuallie begun thair severall Plantations thairof And for that conceaving that manie his Majesties subjects of this his ancient Kingdome emulat ing the vertews and industrious interpryssis of utheris And being of bodies and constitutionis most able and fitt to undergo the Plantatioun thairof and propagatioun of Christiane relligioun will not be deficient in anie thing quhilk may ather advance his Majesties Royall intentioun towards that Plantatioun or be beneficiall and honnourable to this his Hienes ancient Kingdome in generall or to thameselfis in particular The samyn being ane fitt, warrandable and convenient means to disburding this his Majesties said ancient Kingdome of all such younger brether and meane gentlemen quhois moyens ar short of thair birth worth or myndis who otherwayes most be troublesome to the houses and freindis from whence they ar descendit (the common ruyncs of most of the ancient families) Or betak thameselfis to forren warko or baisser chifts to the discredite of thair ancestouris and cuntrey And to the grite losse of manie of his Majesties goode subjects who may be better preservit to his Hienes use, honnour of thair freindis, and thair awne comfort and subsistance Gif transplantit to the said cuntrey of NEW SCOTLAND, most worthie and most easie to be plantit with christiane people and most habill by the fertilitie and multitude of commodities of sea and land, to furnish all things necessarie to manteine tbair estaitis and dignitie as Landislordis thairof and subjects to his Majestic to be governed by the Lawis of this his ancient Kingdome of Scotland And our said Soverane Lord being most willing and desyreous that this his said ancient Kingdomo participate of all such otheris honnouris and dignities as ar erected in anie of his Majesties others Kingdomes To the effect that the Gentrie of this his Hienes said ancient Kingdome of Scotland may both haif thair dew abroad amonge the subjects of utheris his Majesties Kingdomes and at home amonge thameselffis according to thair degree and dignitie As alsua his Majestie being most graciouslie pleasit to confer the said honnour of heretable Baronet as ano speciall mark of his Heighnes princelie favour upoun the Knights and Esquyris of principall respect ffor thair birth worth and fortouns Togidder with large proportionis of Landis within the said cuntrey of NEW SCOTLAND who sail be gencrouslie pleasit to set furth some men in his Ilienes Royal Colonie nixt going thither for that plantatioun THAIRFORE his Majestie ordanis his Hienes lettres to be direct chargeing Herauldis Pursevantis and Messengeris of Armes to pas to the mercat Cros of Edinburgh and vtheris placeis neidfull and thair be oppin proclamatioun to mak publicatioun of the premises And that it is his Majesties princelie pleasure and expres resolutioun, to mak and creat the nomber of Ane hundreth heretable Baroncttis of this his Hienes Kingdome of Scotland be patentis under his Majesties grite seale thairof Who and thair airis maill sail haif place and precedencie nixt and immediatlie after the youngest sones of the Vicounts and Lordis Barrounis of Parliament and the addition of the word SIR to be prefixed to thair propper name and the style and the title of BARONETT subjoyned to the surname of everie ane of thame and thair airis maill Togither with the appellatioun of Ladie, Madame, and Dame, to thair Wyffis in all tyme comeing with precedencie befoir all others Knights alsweill of the Bath, as Knights Bachelouris and Bannarettis (except these onlie that beis Knighted be his Majestie his airis and successouris in proper persone, in ane oppin feild with banner displayed with new additioun to thair armes and haill utheris prerogatives formarlie grantit be cure said Soverane Lord to the saidis Barronettis of Ingland and Ireland Conforme to the printed patent thairof in all poynts And that no persone or personis whatsumevir sail be created and maid Barronetts bot onlie such principall Knights and Esquyris as will be generouslie pleasit to be Dndertakeris of the said Plantatioun of NEW SCOTLAND And for that effect to act thameselfis or some sufficient cautioneris for thame in the buikis of Secreit Counsaill befoir the first day of Apryll nixt to come in this insueing year of God 1600 Tuentie fyve yearis To sett furth sex sufficient men artificeris or laboureris sufficientlie armeit apparrelit and victuallit for tua yeiris towards his Majesties Eoyall Colonie to be established God willing thair for his Hienes use dureing that space And that within the space of yeir and day efter the dait of the said Actis under the pane of tua thowsand merkis usuall money of this realme As also to pay to Sir WILLIAME ALEXANDER Knight Maister of Requests of this Kingdome and Lieutenant to his Majestie in the said Cuntrey of NEW SCOTLAND the sowme also of ane thowsand merkis money foirsaid for his past chargeis in discoverie of the said Cuntrey and for surrendering and resigning his interest to the saidis Landis and Barronies quhilks ar to be grantit be our said Soverane Lord to the saidis Barronettis and everie one of thame To be balden in frie blensh of his Majestie his airis and successouris as frie Barronies of Scotland in all tyme comeing And as of the Crowne of the samyne Kingdome and under his Hienes grite seale thairof without onie other fyne or compositioun to be payit to his Majestie or his hienes thesaurar for the tyme thairfore Quhilkis barronies and everie one of thame sal be callit be suche names as seemes meetest to the saids Barronetts And sail border on the sea coast or some portative river of the said Cuntrey and conteine threttie thowsand aikers quhairof sextene thow sand aikers is intendit for everie one of the saidis Baronetis thair airis and assignayis quhatsumevir with ane Burgh of Barronie thairupoun And the remanent fourtene thowsand aikeris for such other publick use and uses as for the Crowne, Bishops, Universities, Colledge of Justice, Hospitals, Clargie, Phisitiounis, Schools, Souldiouris and utheris at lenth mentionat in the Articles and Plattforme of the said Plantatioun And forder that his Majesties will and pleasure is That publict intimatioun be maid as afoirsaid To all the saidis Knights and Esquyris who desyris to accept the said dignitie of Baronctt and Baronic of Land upoun the conditionis above exprest that betuix and the first day of Apryle nixt to come they repair in persoun or by some Agent sufficientlie instructed to the Lordis of his Majesties privie Counsall or to suche as sal be nominat be his Ilienes and intimat to thame be the saidis Lordis to inroll thair names and ressave forder informatioun fra thame concerning the said plantatioun and for passing of thair infeftmentis and patents accordinglie And sicklyk that all otheris personis who intendeth not to be Barronetts and that hath suche affectioun to his Majesties service as they will also be Undertakers of some proportionis of Land in NEW SCOTLAND (as the nobilitie gentrie and burrowis of Ingland hath done in New Ingland) may berafter tak notice of the printed Articles1 of the Plantatioun of New Scotland and informe thameselfis by all laughfull wayes and meanis thairof With certificatioun to all his Majesties lieges and subjects that immediatlie after the said first day of Apryle nixt to come Our said Soverane Lord will proceid to the creatioun and ranking of the saidis Barronettis, and passing of thair patents and infeftments without respect to ony that sail happin to neglect to cum in before the said day who ar heirby requyrit to tak notice heirof and inroll thair names that thair neglect may be rather imput unto thameselfis then to his Majestic who is so graciouslie pleasit to make offer to thame of so fair ane occasioun of heretable preferment honnour and benefite.

ANENT BARONETTIS. March 17, 1625.

CHARLES P.

Right trustie and right welbeloued Cosens and Counsellouris and right trustie and welbeloued Counsellouris, Whereas it hath pleased the Kingis Majestic in favour of the Plantatioun of NOVA SCOTIA to honnour the Vndertakiris being of the ancientest gentrie of Scotland with the honnour of Barronetts and thairin haif trusted and recommendit SIR WILLIAM ALEXANDER of Menstrie to his Counsell to assist him by all laughfull meanis and to countenance the bussienes by their authoritie In like maner We do recommend the said Sir William and the bussines to your best assistance hereby declairing that we favour bothe the bussines and the persone that followeth it in suche sort That your willingness to further it in all you can sail be vnto us very acceptable service So We bid you hartelie farewell From the Court at Theobalds, the 17 of Marche 1625.

ANENT BARONETTIS. March 23, 1625.

JAMES R. March 23.

Right trustie and welbeloued Counsellour Right trustie and welbeloued Cosens and Counsellours and trustie and welbeloued Counsellours We greete you weele We persave by your letters directit vnto us what care you naif had of that bussienes which We recommendit vnto you concerning the creatting of KNIGHT BARONETTIS within that our Kingdome for the Plantatioun of New Scotland, and ar not onlie weele satisfied with the course that you haif taikin thairin but likewayis it doeth exceidinglie content ws that We haif so happielie fund a meanis for expressing of our affectioun towards that our ancient Kingdome as we find by the consent of you all so much tending to the honnour and proffite thairof, and as we haif begun so we will continue requireing you in like maner to perseuere for the furthering of this Royall work that it may be brought to a full perfectioun And as you haif done weele to warne the auncient Gentrie by Proclamatioun assigneing thame a day for comeing in and that you are carefull to secure that which they sould performe Our pleasure is to this end that this bussienes may be carried with the lesse noice and trouble that everie ane of them that doeth intend to be Baronet give in his name to our trustie and welbeloued SIR WILLIAM ALEXANDER Knight our Lieutennant for that enterprise or in cais of his absence to our trustie and welbeloued Counsellour SIR JOHN SCOTT Knight that one of thame after the tyme appoyntit by the Proclamatioun is expyred may present the names of the whole nomber that ar to be created unto thame whome We sail appoynt Commissionaris for marshal ling of them in due ordour And becaus it is to be the fundatioun of so grite a work bothe for the good of the Kingdome in generall and for the particular enterest of everie Baronet who after this first protectionarie Colony is seatled for secureing of the cuntrey may the rather thairefter adventure for the planting of their awne proportioun whiche by this meanis may be maid the more hopefull That the sinceritie of our intentioun may be seen Our further pleasure is that if any of the Baronettis sail chuse rather to pay two thowsand merkis than to furnishe furth sex men as is intendit that then the whole Baronettis mak chois of some certaine persones of thair nomber to concurr with our said Lieutennant taking a strict course that ah1 the said monie be onlie applied for setting furth of the nomber intendit or at the least of so many as it can convenientlie furnishe And as we will esteeme the better of suche as ar willing to imbrace this course so if any do neglect this samine and sue for any other degree of honnour hereafter We will think that they deserve it the lesse since this degree of Baronet is the next steppe vnto a further And so desiring you all to further this purpose als far as convenientlie you can We bid you Farewell, from our Court at Theobaldes, the 23 of Marche 1625.

PRECEPT OF A CHARTER TO WILLIAM EARL MARISCH, May 25 1625

ORDER BY CARD, by S. D. N. the King’s favorite kinsman, William the Marshal Count, Mr. Keith and Altrie &c. Marshal of the Kingdom of Scotland to his heirs male and assigns to whomever hrie. [hereditarily] over the whole and whole of that part or portion of the region and domain of Nova Scotia as follows. and limits viz. they will begin from the southernmost! part of the land on the east side of the river now called the Tweed. but first to the Holy Cross, and from thence proceeding eastward for six miles along the sea and shore, and from thence proceeding northward from the shore of the sea on firm land from the east. observing the side of the same river, it should always extend six miles in width eastward from the said river. to the number of forty-eight thousand acres of land, with the camp, towers, fortifications, &c. Since the lands and other things in the diet, the charter belonged to Lord William Alexander de Menstrie by inheritance and by resignation they were in the hands of the diet by him. S. D. N. Regis for this New Charter and the infeudation of the aforesaid Preface to his kinsman William the Marshal Count &c. from above to be made Furthermore, with the clause of the union into one whole and free barony and royalty for all future time to be called the Barony of Keith Marschell. they hold about diet To S. D. N. the King and his successors of the crown and kingdom of Scotland in a free white firm for the annual payment of one penny in the usual currency of the said kingdom of Scotland over the soil and bottom of the said lands in the name of the white firm if it is requested only or of any part of it on the day of the Nativity of the Lord in the name of the white firm if it is requested and only that a single sasine shall be taken at the Castle of Edinburgh and shall be sufficient for all and each of the lands and others particularly and generally aforesaid. contained in the said charter, and the rest granted in the general form of the Baronet’s charters. At the Hall of Quhythall on the twenty-eighth day of the month of May. One thousand six hundred and twenty five.

TO THE PRIVY COUNCIL OF SCOTLAND AKENT BARONETTIS, July 10, 1625

CHARLES R.

RIGHT trustie and right wel-beloued counsellour, right trustie and right welbeloued cosens and counscllouris, and trustie and wel-beloucd counscllouris, Wu GREETE YOU WELE. UNDERSTANDING that our late dcare Father, after due deliberatioun, for furthering the Plantatioun of NEW SCOTLAND, and for sindrie other goode consideratiounis, did determine the creatting of Knight Baronettis thair ; and that a proclamatioun wes maid at the mercatt croce of Edinburgh, to gif notice of this his Royall intentioun, that those of the best sort knowing the same might half tyme to begin first, and be preferred unto otheris, or than want the said honnour in their awne default : AND UNDERSTANDING likewayes, that the tyme appoyntit by the Counsell for that purpois is expyred, We being willing to accomplisho that whiche wes begun by our said deare Father, half preferred some to be Knight Baronettis, and haif grantit unto thame signatouris of the said honnour, togither with thrie mylis in breadth and six in lenth of landis within New Scotland, for thair severall proportiounes : AND now that the saidis Plantatiounes intendit thair, tend ing so much to the honnour and benefite of that our Kingdome, may be advanced with diligence, and that preparatiounes be maid in due tyme for setting furthe a Colonie at the next Spring, to the end that those who are to be Baronettis, and to help thairunto, may not be hinderit by comeing unto us for procureing thair grantis of the saidis landis and dignitie, bot may haif thamc there with lesse trouble to themselffis and unto us, We haif sent a Commissioun unto you for accept ing surrcnderis of landis, and for conferring the dignitie of Baronet upon suche as salbe fund of qualitie fitt for the samine, till the nomber appoynted within the said cominissioun be perfited : AND THEREFORE OUR PLEASURE is, That you exped the commissioun through the sealis with all diligence, and that you, and all otheris of our Privie Counsell thair, give all the lawfull assistance, that you can convenientlie affoord for accomplisheing the said worko, whereby Colonies sould be sett furth ; and certitie from us, that as we will respect thame the more who imbrace the said dignitie and further the said plantatioun, so if ony Knight who is not a Baronet presoome to tak place of one who is Baronet, or if ony who is not Knight stryve to tak place of one who hes the honnour from us to be a Knight, inverting the order usuall in all civile pairtis, WE WILL that you censure the pairty transgressing in that kynd, as a manifest contempnar of cure authoritie, geving occasioun to disturbe the publict peace. So recommending this earnestlic to your care, We bid you farewell. Windsore, the 19th of July 1625.

PROCLAMATIOUN CONCERNING BARONNE, August 31, 1625

Apud Edinburgh penultimo die mensis Augusti 1625.

Forsameikle as our Souerane Lordis umquhile dearest Father of blissed memorie for diverse goode ressonis and considderationis moveing his Matia and speciallie for the better encouragement of his Hienes subjectis of this his ancient Kingdome of Scotland towardis the plantatioun of New Scotland in America being graciouslie pleased to erect the heretable dignitie and title of Baronet as a degree of honour within the said kingdome (as formerlie he had done in England for the plantatioun of Vlster in Ireland) And being of intention to confer the said title and honnour of Barronet onlie vpoun suche his Mats subjectis of the said ancient Kingdome of Scotland as wald be vndertakeris and furtheraris of the Plantatioun of New Scot land and perforrne the conditionis appoyntit for that effect Causit publict proclamatioun to be maid at the Mercat Croce of Edinburgh be advise of his Ma8 Counsell of the said Kingdome geving notice to the cheiff gentrie and all his Mat'” subiectis of that Kingdome of his Royall intention concerning the creating of Barronettis there, and that after a certain day now of a long tyme bypast prescrvved be the said proclamatioun his Matie wald proceid to the creating of Barronettis and conferring the said title and honnour vpoun suche personis as bis MaUe sould think expedient having performed the conditionis appoyntit for the said Planta tioun To the effect the cheifest Knightis and Gentlemen of the Kingdome haveing notice of his Maties princelie resolutioun might (if thay pleasit be Vndertakeris in the said Plantatioun and performe the appoyntit conditionis) be first preferred be his Matie and haue the said heretable honnour and title conferred vpoun thame and there aires maill for ever or otherwayes bo there awne neglect and default want the same And now our Souerane Lord being most) carefull and desireous that his said vmquhile deerest Fatheris resolution tak effect for the weele of this his said Kingdome and the better furtherance of the said Plantatioun and otheris good considerationis moveing his Hienes, His Matie hathe already conferred the said heretable honnour and title of Barronet vpoun diverse his Ma8 subjectis of this his said kingdome, of goode parentage, meanis and qualitie and grantit chartouris to thame and there airis maill for evir vnder the Grite Scale of the said kingdome conteining his Ma” grant vnto thame of the said dignitie and of the parti cular landis and boundis of New Scotland designit vnto thame of the said dignitie, and of the particular landis and boundis of New Scotland designit vnto thame and diverse liberties and priviledgeis contenit in there saidis patentis and is of the intention to grant the like to otheris And for the better furtherance of the said Plantatioun and performe the conditionis appoyntit for that effect and to haif the said honnour and title conferred vpoun thame may not be hinderit nor dclayit be going to Court to procure from his Matie there severall patentis and grautis of the said dignity and landis in New Scotland to be grantit to thamo but may haif the same heir in Scotland with lesse truble to his Matie and chargis and expenssis to thame selffis His Matie of his royall and princelie power and speciall favour hathe gevin and grantit a commission and full power to a select nomber of the Nobilitie and Counsell of this Kingdome whose names arc particularlie therein insert or ony five of thame the Chancellair Thesaurair and Secrctair being thrie of the five to ressaue resignationis of all landis within New Scotland whilk sal happin to be resignit be Sir William Alexander knight Maister of Ilequcstis to his Matie for the said kingdomo and his Ma8 Lieutennant of New Scotland in favouris of whatsomevir personis and to grant patentis and infeftmentis thairof againe to thame Together with the said heretable honnour and title thay haveing alwayes first performed to the said Sir William Alexander his aires or assignayis or thair laughfull comraissionaris or procuratouris haveing there powers the Conditionis appoyntit for the furtherance of the said Plantatioun and bringing thame a certificat thairof in write vnder the handis of the said Sir Williame or his foirsaidis to be shewn and producit before the saidis commissionaris And his Matle haveing likewayes gevin informatioun to the Lordis of his Secrcit Counsell of this kingdome to certifie his subjectis thereof concerning his princelie will and pleasure anent the place due to the Barronettis and Knightis of the said Kingdome THAIRFORE the saidis Lordis of Secreit Counsell to the effect that nane pretend ignorance Ordanis letteris to be direct chargeing herauldis and officiaris of armeis to pas to the mercat croce of Edinburgh and all otheris placeis neidfull and mak publict intimatioun to all his Ma” leiges and subiectis of this kingdome That all suche as intend to be Barronettis and Vndertakeris in the said Plantatioun and to performe to the said Sir Williame or his foirsaidis the Conditionis appoyntit for the furtherance of the said Plantatioun and haucing a certificat vnder his hand as said is may repair and resort to the saidis Commissionaris at all tymes convenient and ressave grantis and patentis from thame vnder the Gritc Seale of this Kingdome of the landis of New Scotland to be resignit in there favouris to the said Sir Williame or his foir saidis with the like liberties and priviledgeis and otheris whatsoevir as ar grantit to the Barronettis alreadie maid in thair patentis alreadie past vnder the said Grite Seale, and of the said heretable title and honnour of Barronett to thame and there aires maill for ever and tak place and precedence according to the dates of their severall patentis to be grantit to thame and no otherwayes. And in like maner to mak publicatioun that his Ma’ princelie will and pleasure is That the Barronettis of this Kingdome maid and to be maid, haif, hald, tak, and enjoy in all tyme comeing freelie but ony impediment the place prioritie and precedence in all respectis grantit to thame in thair severall patentis vnder the said Grite Scale and that no Knight, Laird, Esquire, or Gentleman whatsoevir who is not a Barronett presoome in ony conventioun or meeting or at ony tyme place or occasioun whatsoevir to tak place precedence or preeminence befoir ony who is or sal heirafter be maid a Baronet neyther ony who is not a Knight tak place befoir ony who hathe the honnour to be a Knight thereby inverting the ordour vsed in all civile pairtis Certifieing all his Mas leiges and subjectis of this his kingdome and everie ane of thame who sail presoome to do in the contrair heirof That ‘thay sail be most seveirlie punist be his Matie and the saidis Lordis of his Counsell as manifest contempnaris of his Maties royall power and prerogative and thereby geving occasioun to disturb the publict peace.

Subscribitur ut supra.

[GEO. CANCELL. ROXBURGH. MORTOUN. MELROS. WINTOUN. LAUDERDAILL. BUGCLEUGH.]

CONVEKTIOUN OF ESTATES :— ANENT BARONET, November 2, 1625

Apud Edinburgh secundo die mensis Novembris 1625.

Anent the Petitioun gevin in be the small Barronis proporting that thay sustenit verie grite prejudice by this new erectit Ordour of Barronettis and the precedencie grantit to thame befoir all the small Baronis and Freehalderis of this kingdome whairin thay pretendit grit prejudice in thair priviledgeis and dignityis possest be thame and thair predecessouris in all preceding aiges and thairfoir thay desyrit that the Estaittis wald joyne with thame in thair humble petitioun that his Matie might be intreatted to suspend the precedencie grantit to thir Barronettis vntill the tyme that the Plantatioun for the whilk this dignitie is conferred be first performed be the Vndertakeris Whairupon Sir William Alex ander cheiff vndertaker of this Plantatioun being hard and he having objectit unto thame his Ma8 royall prerogative in conferring of honnouris and titles of dignitie in matteris of this kynd importing so far the honnour and credite of the cuntrey and that his Mas prerogative wald not admitt ony sort of opposition, and that this suspensioun of the Vndertakeris precedencie wald frustratt the whole Plantatioun After that the small Barronis had most humblie protestit that the least derogation to his Mas royall prerogative sould never enter in thair hairtis and that thair Petitioun was in no sort contrair to the same, and that thay acknawledged that the conferring of honnouris did properlie belong to his Matie as a poynt of his royall prerogative And thay undertooke that if it wer fund meete be his Matle and the Estaittis that this Plantatioun sould be maid that thay vpoun thair awin chairgis wald vndertak the same without ony retributloun of honnour to be gevin thairfoir. The Estaittis haveing at lenth hard both the partyis It was fund be pluralitie of voittis that the Estaittis sould joyne with thame in thair petitioun foirsaid.

EXTRACT FROM THE COUNSALL’S LETTER, November 8, 1625

MOST SACRED SOVERANE

The Convention of your Majesties Estaittis, which, by your Mas direction wes callit to the tuentie sevent day of October last being that day vcrie solemnlie and with a frequent and famous nomber of the Nobilitie Clergy and Commissionaris for the Shyres and Burrowis prajceislie keept, and the Taxatioun grantit, as our former letter to your Majestic did signifie.

Upon the first second and thrid day of this moneth the Estattis having proceided to the considdcratioun of the Propositions and Articles scnde downe be your Matie &c.

After that all thir Articles wer propouned hard discussit and answeirit be the Estaittis in maner foirsaid Thair wcs some petitions gevin in be the small Baronis and Burrowis whairin thay craved that the Estaittis wald joyne with thame in thair humble Petitioun to your Matie for obtaining your allowance thairof

Thay had ane other Petitioun and greevance foundit vpon the prejudice alledged sustenit be thame by this new erectit Ordour of Barroncttis and the prseccdencie grantit to thame befoir all the small Barronis and Friehalderis of this Kingdome •whairin thay pretendit grite prejudice in thair priviledgeis and dignityis possest be thame and thair predecessouris in all preceiding aiges And thairforc thair desire wes that the Estaittis wald joyne with thame in thair humble Petitioun That your Matie might be intreatted to suspend the prajcedencie grantit to thir Barronettis vntill the tyme that the Plantatioun for the. whilk this dignitie is conferred be first performed be the vndertakeris Whairupon Sir William Alexander cheif vndertaker in this Plantatioun being hard and he haveing objectit vnto thame your Mas royall prerogative in conferring of honnouris and titlis of dignitye in matteris of this kynd importeing so far the honnour and credite of the cuntrey And that your Ma* prerogative wald not admit ony sort of oppositioun and that this suspensioun of the vndertakeris precedencie wald frustratt the whole Plantatioun After that the Small Baronis had most humblie protestit that the least derogatioun to your Ma8 prerogative sould never enter in thair hairtis and that thair petitioun wes in no sort contrair to the same bot that thay acknowledged that the conferring of honnouris did properlie belong to your Matie as a poynt of your royall prerogative And thay vndertooke -that if it wer fund meete by your MaUe and the Estaittis that this Plantatioun sould be maid That thay vpoun thair awne chargeis wald vndertak the same without ony retributioun of honnour to be gevin thairfoir. The Estaittis haveing at lentb. hard bothe partyis It wes fund be pluralitie of voitis that the Estaittis sould joyne with thame in thair Petitioun foirsaid to your Majestie.

(Sic subscribitur .)

Edinburgh GEO. HAT. ROXBURGH.

Octavo Novembris 1625. MAR. MELROS. MORTOUN. B. DUMBLANE. WYNTOUN. ARC”. NAPER. LlNLITHGOW.

TO THE COUNSALL. February 12, 1626

[Charles R.]

Right trustie and weilbeloved Counsellour Right trustie and weilbelovit Cousines and Counsellours Right trustie and weilbeloved Counsellours and trustie and weil beloved Counsellours We Greet you weill Wheras our late dear Father did determyne the Creating of Knyghts Barronetts within that our Kingdome haveing first had the advyse of his privie Counsall thervnto whoise congratulatorie approba tion may appear by a letter of thanks sent vnto him thairefter And sieing the whole gentrie war adverteised of this his Royall resolutioun by publict proclamationis that these of the best sort knowing the same might have tyme to begin first and be preferred vnto vthers or then want the said honour in ther awin default a competent tyme being appoynted vnto them by the said Counsall that they might the more advysedlie resolve with them selffis therein In consideratioun whairof wo wer pleased to give a commission vnder our great seall wherby the saidis Knights Barronetts might be created according to the conditions formerlie condescendit vpoun And heirefter hearing that sindrie gentlemen of the best sort wer admitted to the said dignitie we never haveing heard of aney complaynt against the same till the work efter this maner was broght to perfection it could not bot seame strange vnto ws that aney therefter should have presented such a petition as was gcvin to the last Conventioun so much derogatorie to our Royall prerogative and to the hindering of so worthie a work or that the samyne should have bene countenanced or suffered to have bone further prosecuted Now to the effect that the said work may have no hinderance heirefter our pleasur is that the course so advysedlie prescryved by ws to the effect forsaid may be made publictlie knowcn of new wairning the said gentrie that they may ather procure the said dignitio for them selffis or not repyne at others for doeing the same And that you have a speciall care that none of the saidis Knyghts Barronetts be wronged in ther priviledges by punisching aney persone who dar prcsum to doe any thing contrarie to ther grants as a manifest contemner of our authoritie and disturbours of the publict peace And if it shall happin heirefter that the said Commission by the death or change of any persones appoynted Commissioneris to this effect shall neid be renewed Our further pleasur is that at the desyre of our trustie and weilbelovit Counsellour Sir William Alexander kny’ our Secretaric or his aires the same be gcvin of new to the Commissioneris of our Excheker the Chanccllour Thesaurer or Thesaurer dcputie or aney tuo of them being alwyse of the number giveing them such power in all respects as is conteyned in the former Commission with this addition onlie that we doe heirby authorize our Chancellour for the tyme being to knyght the eldest sones of the saidis Knyghts Baronets being of perfy te aige of 21 zeires he being required to that effect And we will that a clause bearing the lyk power be pavticularlie insert in the said new Commission if vpoun the caussis forsaid it be renewed And that the samyne by our said Chancellour be accordinglie performed. So we bid, &c. Whythall Feb. 12, 1626.

TO THE LAIRD OF TRAQUAIR. March 24, 1626

Trustie and weilbeloved, &c. We, &c. Thogh ther have bene warning gevin to all the gentrie of that our Kingdome by publict proclamation that they might in dew tyme come to be created Knyght Barronettis and not compleane heirefter of vtheris befoir whom they might expect to have place wer preferred vnto them yet we have thoght fitt to tak particular notice of yow And the rather becaus it would seamc that yow not knowing or mistaking our intention in a matter so much conccrneing our Royall prerogative for the furthering of so noble a work did seik to hinder the same Therfor Our pleasur is that you with diligence embrace the said dignitie and performe the conditions as others doe or that yow expect to be heard no more in that purpois nor that yow compleane no more heirefter of others to be preferred vnto yow So not doubting but that both by your selff and with others you will vse your best meanes for furthering of this work wherby yow may doe to ws acceptable service, We bid, &c. Whythall 24 March 1626.

TO THE CHANCELLOUR, March 24, 1626

[CHARLES R]

Right, &c. Wheras we have gevin Ordour by a former letter that the Commis sion formerlie grantit by ws for creating of knyght Barronettis in that our kingdome might be renewed at the desyre of Sir William Alexander our Livetenent of New Scotland or his Heynes whensoever they should desyre the samyne geving the power in tyme comeing to the Commissioners of our Excheker which the persones nominated in the preceiding Commission formerlie had and that the eldest sones of all Baronettis might be knyghted being of perfite aige of 21 yeirs when soever they shall desyre the same according to ther patents vnder our greit seall give power to yow or our Chancellour thar for the tyme being to doe the same both for frieing ws from trouble and saveing them from charges which ther repairing thither for that purpois might procure Our pleasur is that yow caus renew and expeid the said Commission vnder our great seall as said is And in the meane tyme that yow knyght the eldest sones of all and everie ane of such Baro nettis who being of 21 yeres of aige shall desyre the same without putting of them to aney charges or expenssis For doeing whairof, &c. So we bid, &c. Whythall 24 March 1626.

TO THE LAIRD OF WAUGHTON, March 24, 1626.

Trustie, &c. (as in the precedent till this place) Yit we have thoght fitt to tak particular notice of your selff and house desyreing yow to performe the said dignitie of knyght Barronet and to performe the lyk conditions as otheris haveing the lyk honour doe which course we wish the rather to be takin by yow and others in regaird that so noble a wark as the plantation of New Scotland doeth much depend thervpoun and as your willingnes to this our request shall not be a hinderance hot rather a help to ane further place that shalbe thoght fitt to be conferred vpoii yow so shall yow heirby doe ws acceptable pleasur. We bid, &c. Whythall 24 March 1626.

TO THE LAIRD OF WEYMES. March 24, 1626

Trustie and weilbeloved We, &c. Haveing determined that the Creation of knyght Baronetts should preceid according as our late dear father with advyse of his Counsall had agried vpon Thogh all the gentrie of that our kingdome had warn ing thairof by publict proclamation yet we ar pleased in regaird of the reputatioun of your house to tak more particular notice of yow And did pass a signatur of the said honour in your name wherin we thoght our favour would have bene accep table vnto yow Therfoir these presents ar to requyre yow to pass the said signatur and to performe the lyk conditions as others doe Or vtherwayes doe not compleane heirefter of the precedencie of others whom we will the rather preferr that by the einbraceing of the said dignitie they be carefull to further so worthie a work as doeth depend thervpoun And as it is a nixt stepp to a further title so we will esteame of it accordinglie Thus willing yow to certifie bak your resolution heirin with all diligence to Sir William Alexander our secretarie who will acquaint ws therwith we bid you, &c. Whythall 24th March 1626.

PROCLAMATIOUN ANENT BARONETTIS. March 30, 1626

Apud Halyrudhous penultimo Martii 1626.

Forsamekle as our Soverane Lordis umquhile darrest Father of blissed and famous memorie out of his princelie and tender regaird of the honnour and credite of this his ancient kingdome of Scotland And for the better encourageing of the gentrie of the said kingdome In imitation of the verteous projectis and enterprises of others to undertak the Plantatioun of New Scotland in America determined with advise of the Lordis of his privie Counsell the creating of ane new hcretable title of dignitie within the said kingdome callit Knight Barronet and to confer the same vpoun suche personis of goodo parentage mcanis and qualitie as wald be undertakeris in the said Plantatioun And of this his Royall and princelie resolu tion Importing so far the honnour and credite of the Kingdomo publicatioun and intimatioun wes maid be opin proclamatioun with all solempnitie requisite to the intent those of the best not knawing the same might haif had time first to begin and to haif bene preferr it to otheris And then thrugh thair awne default or neg ligence the want of the said honnour to haif bene imputt to thameselffis Like as a competent tyme wes appoyntit and assignit be the saidis Lordis vnto thame for that effect whairthrow they might the more advisedlie haif resolved thairin And cure Souerane Lord following his said darrest Fatheris resolutions in this poynt causit not onlie renew the said Proclamatioun Bot for the ease of his Ma8 subjectis and saulfing of thame from neidles and unnecessair travell chairgeis and expenssis grantit ane commissioun vnder his Grite Scale whairby the saidis Knightis Barronettis might be created and thair patentis exped in this kingdome Like as accord inglie sundrie Gentlemen of the best sort embraced the conditioun of the Planta tioun wer admit tit to the said dignitio of Barronet and no question or objection wes moved aganis the same till the worke wes brought to a perfectioun then some of the gentrie repynning at the precedencie done to thir Barronettis whilk proceidit vpon thair awin sleughe and negligence in not tymous imbraceing the conditionis of the said Plantatioun They maid some publick oppositioun aganis the preceden cie done to thir Barronettis and so did what in thame lay to haif hinderit the

Plantatioun foirsaid, whairof informatioun being maid to his Matie and his Matie considdering the goode and necessar groundis whairby first his said darrest Father and then himself wer moved to creat the dignitie and ordour foirsaid of Barronettis and his Matie continewing in a firme and constant purpois and resolutioun that the worke foirsaid sail yett go fordward and no hindrance maid thairunto Thairfore his Matie with advyse of the Lordis of his Secreit Counsell Ordanis letters to be direct chargeing Officieris of armes to pas to the Mercat Croce of Edinburgh and otheris places neidfull and thair be opin publicatioun mak said publicatioun and inthnatioun of his Mas royall will and pleasur that the course so advysedlie prescryved be his Matie to the effect foirsaid salbe yitt followit oute And thairfore to wairne all and sundrie the gentrie of this kingdome That thay either procure the said dignitie for thameselffis Or not repyne at otheris for doing of the same And to command, charge and inhibite all and sindrie his Mas leiges and subjects that nane of thame presoome nor tak vpoun hand to wrong the saidis Knightis Barronettis in ony of thair priviledgeis nor to doe nor attempt ony thing contrair to thair grantis and patentis Certifieing thame that sail failzie or doe in the con trair That thay salbe punist as contempnaris of his Matie inclination and disturbaris of the publick peace. —

[Followis His Majesties Missive for Warrand of the Act above writtin.] Right trustie and welbeloved Councellour, &c.

So We bid you farewell Frome our Courte at Whythall the 12 of Februar 1626.

SIR ROBERT GORDON OF LOCHINVAR. May 5, 1626.

Wheras the good schip named of the burden of tunnes or ther-

about whairof Capitan is licenced to pass to the southward of the

Equinoctiall lyne These ar therfor to will and command yow and everie of yow to permitt and suffer the said schip with her furnitur and schips company to quhom we doe heirby grant the benefite of our] proclamatioun in all respects which was gevin at our house of Hampton Court the 13 of Decr in the first year of our Reigne quyetlie and peaciablie to pass by yow without any let stay trouble or impresses of hir men or any vther hinderance whatsumevir whairof yow shall not faill. From the Court at Whythall 5 May of 1626.

To all Officeris of the Admiralty To all Capitanes and Mastcrcs of schips in the seas And to all others to whome it may apperteane.

KNIGHTING OF THE ELDEST SONS OF BARONETTIS. July 21, 1626.

Apud Halyrudhous vigesimo primo die mensis Julij 1626.

The whilk day Sir George Hay of Kinfawnis knight producit and exhibite before the Counsell the missive titles underwrittin signed be the Kingis Matie and direct to him and desired that the same title sould be insert and registrat in the Bookes of Secreit Counsell ad futuram rei memoriam Quhilk desire the saidis Lordis finding reasonable They haif ordanit and ordanis the said Letter to be in sert and registratt in the saidis bookes to the effect foirsaid Of the quhilk the tenour follows CHARLES R.

Right trustie, &c. — (See supra, p. 33.)

So We bid you fareweil Whitehall 24 of Marche 1626. To our Right trustie and welbeloued Counsallour Sir George Hay Knight Our Chancellour of Scotland.

FEES OF BARRONETTIS. July 28, 1626.

[CHARLES R.]

July 28 Right, &c. Haveing considered your letter concerning the fees that ar clamed from the knyght Barronets thogh at the first it did appear vnto ws that none could justlie challenge fees of them by vertew of any grant that was gevin befor that ordour was erected yet befoir we would resolve what was to be done heirin we caused enquyre of the cheff heraulds and other officers within this our kingdome wher the said dignitie of Barronet was first instituted by our late dear Father And doe find that the baronetts ar bund to pay no feyis nor did pay ever any thing at all save that which they did voluntarlie to the heraulds of whom they had present vse And therfor sieing ther creation within that our kingdome is for BO good a caus wherby a Colony is making readie for setting furth this next spring to begin a work that may tend so much to the honour and benefite of that kingdome we would have them everie way to be encouraged and not as we wryt befoir putt to neidles charges and our pleasur is that none as Baronetts to be made be bund to pay feys hot what they shalbe pleased to doe out of ther owin discretion to the heraulds or to any such officiers of whom they shall have vse And as for ther eldest sones whensoever any of them is cum to perfyte aige and desyrs to be knighted let them pay the feyis allowed hertofor to be payed by other knights For doeing wherof We, &c. Oatlandis 28 July 1626.

KNIGHTIS BARONNETTIS AND THE HERAULDIS. September 20, 1626.

Apud Halyrudhous vigesimo Septembris 1626.

The whilk day the Letter underwritten signed be the Kingis Matie conteneing a declaration of his Royall Will and pleasure anent the fees acclamed be the Herauldis and otheris from the Knyghtis Barronettis and thair eldest sones being presentit to the Lordis of Secreit Counsell and red in an audience They allowit of his Maties will and pleasure thairanent And Sir Jerome Lindsay knight Lyon King at arraes being callit upon and he compeirand personalie and his Mas will and plea sure in this matter being intimat vnto him he with all humble and deutifull respect promeist that obedience suld be given thairanent. Of the whilk Letter the tennour followis. CHARLES R.

Right trustie, &c. — (See supra, p. 36.)

And so We bid you farewell From our Courte at Oatlandis the 28 of July 1626.

PLANTATIOUN OF NEW SCOTLAND. January 17, 1627

[CHARLES R.]

Wheras Sir William Alexander kny* our Secretarie for Scotland haueing gevin band to the knyght barronetts of that our kingdome that of all such money as he hath or is to receave from them he shall imploy the just two parts thairof for setting furth a Colony for the plantation of New Scotland which is to be estimated and considered according to the conditions agreed vpon betweene him and the said knyghts baronets And the said Sir William haueing for performeing his part prepared a schip with ordinance munition and all other furnitour necessar for hir as lykwyse another schip of great burden which lyeth at Dumbartane togidder with sindrie other provisions necessarie for so far a voyadge and so great work therfoir that the treuth thairof may be publicklie knowen and that all such monnyis as he hath disbursed heirvpon may be trewlie summed vp Our pleasur is that haueing surveyed the said schip yow estimat and value hir to the worth as lykwyes other furniture and provisions that yow find in hir or to be sent with hir for this purpois and with all his charges he hath bene heir for the same and thairefter that yow delyver vnto him a trew Inventure and Estimat therof vnder your hands that it may heirefter serve for clearing his accompts with the said knyght Barronetts and for haueing the same allowed vnto him by them, &c. Whythall 17 Jar 1627.

TO THE EARL OF TOTNES. January 17, 1627.

[CHARLES R.]

Whcras Sir William Alexander Kny’ our Secretar for Scotland is to buy for the vso of two schipps to be imployed in our service 16 Minner 4 saker and 6 falcor our pleasur is that yow permitt him or his scrvandis without impediment to transport the same vnto the said kingdoms whcr for the present one of the said schipps doe by provydeing that the said Sir William find suretie for the right imployment of the saidis Ordinance according to the custome and for so doeing, &c. Whythall 17 Jar 1627.

Direction —

To our right trustie and weilbeloved cousen and counsellour the Earl of Totness Mr of our Ordinance within our kingdome of England.

TO SIR JAMES BAILLIE. January 19, 1627.

CHARLES R.

Whereas Sir William Alexander or Secretarie for Scotland had a warrant from our late dear Father which is ratified by us to or Trer. of England for payment of the soume of Six thousand pounds sterling which lang since was intended to have bane payed here but seeing now it may be more convenientlie done out of this casucll commoditic wherewith Wee have apponted you to intromett Our pleasure is and We will you to pay vnto the said Sr William or his assignes the said soume of Six thousand pounds sterling and that out of the first readiest moneyes that you haue or shall receaue for our part of the prises taken or to be taken within that our kingdome for doing whereof these pnts. shall be vnto you a sufficient warrant Giuen at or Court at Whitehall the 19 of January 1627. To or trustie and welbcloued Sr James Baillie Treasaurer of or Marine causes within or kingdome of Scotland.

TO THE EARLE MARSCHELL OF SCOTLAND. January 26, 1627.

[CHARLES R.]

Right, &c. Whereas our late dear Father was pleased to creat knyght Barronetts within Scotland as he had done in his vther kingdomes and that for a honorabile cause for enlargeing the Christiane fayth and our dominions And we understand that sindrie of the most ancient gentrie embraceing the said dignitie having payed these moneyis condiscendit vpon for their part towards the plantation of New Scotland Thogh ther have bene sufficient warning gevin to all the gentrie of that our kingdome hath in the time of our said late dear Father and in ours notwith standing it be in our power frielie to conferre honour vpon any of our subjects as we in our judgment shall think they deserve yet out of our gratious favour we ar willing that everie ane of the said gentrie have the place which may be thoght due vnto them in so far as can clearlie be discerned or otherways that they be inexcusable by neglecting so fair ane opportunitie as by this meanes is presented vnto them and considering that it doeth most properlie belong to your Charge as Marschell to judge of ranks and precedencie thoght it be difficult to knowe wher so many ar of equal qualitie yet to the effect that they be ranked in some measur as neir as can be that place which may be thoght to be their due Our pleasur is that assumeing to your selff such assessours here present as you shall think requisite you condescend vpon such a number as yow and they shall think fitt to be barronetts ranking them as yow shall think expedient that out of that number the barronetts limited by the Commission may be selected to the effect we may pass ther signatures accordinglie So that by embraceing the said place in due tyme may mak vse of this our gratious favour and otherwyse least our trustie and weil beloved Sir William Alexander our Secrctar who is our Lieutenent of the said Cuntrie and who besyds he is now to sett furth in this Spring hath bene at great charges heretofor in the work of that Plantation should be dissabled from prosecuteing of that purpois we ar willing that he proceed with such others as yow shall think fitt to manteane that dignitie for Wee desyre that the ancient gentrie may be first preferred but if they by neglecting so noble ane interpryse shall not mak vse of our favour in this we think it good reasone that these persones who have succeeded to good estates or acquyred them by ther owin industrie and ar generouslie disposed to concurre with our said servand in this Interpryse should be preferred to the said dignitie and to this effect that yow mak them in manor abovespecifeit haueing for your better proceeding heirin appoynted a Roll to be given yow of diverse of the names of the said gentrie as ar knowen to be of qualitie which wher considered by yow in maner foresaid and haueing selected such of them as yow shall find to be most fitt for this purpois that yow sett down a roll for them in ordour and rank vnder your own hand to be schawin vnto ws. And so, &c. Hampton Court the 26 of Jar 1627.

SIR W. ALEXANDER HIS COLONIE IN NEW SCOTLAND. March 3, 1627.

[CHARLES R.]

Right, &c. Wheras for direction from ws a survey hath bene made of diverse provisions and necessaries to be sent this Spring by our trustie and weilbeloved Counsellour Sir William Alexander our Secretarie for the vse of a Colony to be planted in New Scotland wherby it doeth evidentlie appear as is reported bak ynto ws by the survegheris that the said Sir William hath bene at much more charges than as yit he hath received moneyis for the knyght Barronetts of that our kingdome who hath condescended according to ther severall bands made to him for advanceing of such moneyis towardis the said plantation so that of the number of persones condescended vpon by our late dear Father and approved by ws to have the style of knyght Barronetts should not be fullie compleit or if that tymelie satisfaction be not gevin according to ther bandis that hopefull work so much recommended to ws by our said Father and ws is lyklie to desert and our said servand who hath bene first and last at so great charges therin vtterlie vndone in his esteat And in regard by reasone of our service heir that his absence from thence wilbe a great hinderance to the bringing of this purpois of the Baronetts to perfection we have thoght good heirby to desyre yow whois effectuall assistance we ar confident may much conduce to this purpois that yow may vse your best [endeavours] both in privat and publict as yow shall think most fitt for bringing the said purpois to some perfection when we will expect your best endeavours seeing it is a matter we specallie respect. Newmarket, 3 March 1627.

TO THE TREASURER OF ENGLAND. March 10, 1627.

[CHARLES R.]

Right, &c. Whereas the good shipp called the Eagle, of the burthen of one hundereth and 20 tunnes, or thereabouts, now lying in the River of Thames (whereof Ninian Barclay is captaine), is loaden with powder, ordonance, and other provisions, for the vse of a plantation, ordained to be made in New Scotland, by our speciall direction, and for the vse of ane other shippe, of the burthen of 300 tunnes, now lying at Dumbartan, in Scotland, which is likwise to goe for the said plantation of New Scotland : Our pleasure is, that you give order to all whom it concerneth, that the said shippe, with all her provisions, furniture, and loading, as being for our own particular service, may pass from the river of Thames, without paying custome, subsidie, or any other duetie, and free from any other lett or impediment : And for your so doeing, this shalbe your sufficient warrant Theobaldes, the 10 of Merche, 1627.

To our right trustie and welbeloved cousin and counsellor, the Earle of Marleborrough, our heigh Tressurer of England.

SIR WILLIAM ALEXANDER TO SECRETARY NICHOLLS. April 9, 1627.

SR.

There is a Shipp called the Morning Starre which is tyed in consort to attend a Shippe of mine in her intended voyage to Nova Scotia to doe his Ma1 Service (which I know you are not ignorant of) the which shipp is now stayed lying in Dover Road, and not willing to depart vntill such tyme as she be released by his Cr” [Creditors ?] : the M™ name is Andrew Baxter who is readie to attend to his Cr8 demands and directions att all occasions. I doe therfore intreate you that you will doe me that favo* to move his Cr9 concerninge the release of the said shipp, seeing it concernethe his Maties service so much, the staye whereof will be the overthro wne of this voyage : ffor which favor I shall be ready to doe you the like courtesie when any the like occasion of yours shall present. In the meane tyme I rest Yor lovinge ffriend WM ALEXANDER.

Whitehall, this 9th of April 1627.

This Shipp was cleered a fortnight before the restraynt to goe in hir intended voyage.

(Indorse.) To My very worthy and much respected ffriend Mr Edward Nicholls Secretarie ffor the Admiraltie for the Lord Duke of Buckinghame.

GRANT TO SIR WILLIAME ALEXANDER. May 3, 1627.

Grant to Sir Will. Alexander. His patent of 12 July 1625 for all the lands and dominions of Nova Scotia is recited, and Admiralty jurisdiction of those parts granted to him and his heirs, with power to seize vessels belonging to the King of Spain, the Infanta Isabella, or others, His Majesty’s enemies. (Latin) Whitehall, 3d May 1627.

TO THE COUNSELL. November 29, 1627.

[Charles R.]

Right, &c. Whareas we have conferred the place of cheef Secretarie of that our kingdome vpon our trustie and weelbeloved counsellare, Sir William Alex ander, togither with the keeping of the Signet thare, and all feeis and profeits tharevnto belonging, according to our guift granted vnto him thare vpone : T harefore wee doe heirby require you, from time to time, to be aiding, and assisting vnto the said Sir Williame, and the keepers of the said Signet, for the time, for the better wplifting and enjoying of the feeis tbareof, and all such benefittes and privcleges as have bene heirtofore receaved or enjoyed by any of his predecessors, Secretaries for that kingdome, and that in as beneficiall maner as anye of bis saids predecessors or keepers of the said Signet formerlie enjoyed the same, at ony time : And for your soe doing these our letters shalbe vnto you and them a suffi cient warrant and discharge. Whitehall, the penult day of November 1627.

TO SIR JAMES BAILYEE. December 28, 1627.

[CHARLES R.]

Trustie, &c. Heaveng been informed of the small benefit that doth arise vnto us by the Prises that are taken by the subjects of that our kingdome, and how that some of them have agreed with Sir Williame Alexander, our Secretarie, for a greater proportione out of the said Prises then was formerlie in vse to be payed vnto us : And in reguard thare are moneyis due long since by a precept granted by our late deir Father vnto the said Sir Williame, for ansuering whareof vnto him out of the said Prises, and according to the said condition, it pleased ws, at our last being heir, to give you directione : Thairefore Oure pleasour is, that, in our name, you wplift the said proportiones of goods, or money soe agreed vpon, betwix him and the said persones ; as likewayis, that you agree with all others, whoe shal happen to tak Prises heerefter, for paying the like proportionable of moneyis or goods; And tharefter from time to time, as the said benefite shall happen to arrise, that you pay the same vnto the said Sir Williame, or his assignayis, and that vntill the said precept be compleitlie satiefied : ffor doing whareof these presentis shalbe your warrant. Whitehall, the 28 day of December 1627.

ANENT THE SEALE OF ADMIRALITIE OF NEW SCOTLAND. March 18, 1627.

Apud Halyrudhous decimo octavo die Mensis Martij 1628. Forsameekle as the Kings Matie by his letters patent vnder the Great Scale hes made and constitute Sir William Alexander knight Admirall of New Scotland ; ffor the better exerceing of which office necessar it is that thair be a Scale of the Admiralitie of the said kingdome Thairfore the Lords of Secreit Counsell ordanis and commands Charles Dickieson, sinkear of his Majesteis yrnes, to make grave and sinke ane Scale of the office of Admiralitie of New Scotland, to be the proper Scale of the said office, The said Scale having a shippe with all her ornaments and apparralling, the mayne saile onelie displayed with the armes of New Scotland bearing a Saltoire with ane scutcheon of the ancient armes of Scotland, and vpon the head of the said shippe careing ane vnicorne sittand and ane savage man standing vpoun the sterne both bearing S’ Androes Croce And that the great Scale haue this circumscriptioun, SIGILLUM GOLIELMI ALEXANDRI MILITIS MAGNI ADMIKALLI Novi SCOTIA : Anent the making graving and sinking of the which Scale the extract of this Act sail be vnto the said Charles a warrand.

A PASS TO SIR WILLIAM ALEXANDER, YOUNGER. March 26, 1628.

[CHARLES R.]

Whareas the four schippis, called the …

belonging to Sir William Alexander knight, sone to Sir Williame Alexander, our

Secretarie for Scotland ; whareof the …

are to be set out towards Newfoundland, the River of Cannada, and New Scotland, for setting of Colonies hi those partes, and for other thare laufull effaires : Theis are, tharefore, to will and require you, and everie one of you, to permitt and suffer the said schippes, and everie one of them, with thare wholl furneture, goods, merchandice, schips companies, and planters, quieth’e and peaceabillie in thare going thither, returning from thence, or during thare being furthe in any other parte whatsoever, till they shall happin to returne to any of our dominiones, To pas by you, without any of your lettes, stayes, troubles, imprestis of ther men, or any other men, or any other hinderance whatsoever : whareof you shall not faill. Whitehall, the 26 March 1628.

COMMISSION ANENT FUGITIVE SOULDEOURS. April 23, 1628.

Apud Halyrudhous vicesimo tertio die mensis Aprilis 1628. Forsameekill as it is vnderstand be the Lords of Secreit Counsell that diuerse persons who wer conduced and tane on be Sir Williame Alexander knight and his officiars to have beene transported be thame for the plantatioun of New Scotland haue most unworthilie abandoned that service and imployment refuising to performe the conditionis of thar agreement To the disappointing of that intendit Plantation which his Majestie so earnestlie affects ffor remedeing of which vndewtifull dealing The saids Lords recommends to the Shireffs Justices of peace and Proveists and Bailleis within burgh, and thairwith all giues thame power and commissione everie ane of thame within thair awin bounds and jurisdictioun, to take tryell of all and sindrie persouns who haueing covenanted with the said Sir Wil liame Alexander or his officers to goe with thame to New Scotland, haue aban doned that service and runne away, and ather to compell thame to performe the conditionis of thair agreement Or otherwayes to doe justice vpon thame according to the merite of thair trespasse And that the saide Shireffs Justices of peace Provests and Bailleis within burgh concurre countenance and assist the said Sir Williame Alexander and his officers in all and everie thing that may further and aduance the service foresaids And for this effect that the said Shireffs and others foresaids delyuer the said persouns to the said Sir AVilliame Alexander and his officers, it being first qualified that thay have ressaued money from the said Sir Williame and his officers, or that thay haue beene in service and interteaned by thame.

TO THE EXCHECKQUER. May 23, 1628.

[CHARLES R.]

Right, &c. VVhareas we gave order vnto you formerlie that the mariners, whoe hade been imployed in our service, should be payed out of the first and reddiest moneyis of our Excheq’, and that all former preceptis should be stayed till they wer first satieficd : Wnderstanding that you have taken a course for payment thareof with the moneyis made of the goods of the Lubeck schip, which, by a former warrant given by ws vnto Sir James Baillie, should have been imployed towards the payment of the soume of 6000 Ib. Sterling, first granted vnto our trustie and weelbeloved counsellare, Sir William Alexander, cure Secretarie for that our kingdome, by our late dear Father, and tharefter particularlie appointed by ws to be payed vnto him, out of our parte of what should fall due vnto ws out of any prise : Our plesouro is, that you call Sir James Baillie before you, and, heaving tryed of him what part had he been payed of the said soume, that you give order for payment of the rest, out of the rediest moneyis arrising due vnto ws by the Prises, in manor foirsaid ; as likewayis, out of the fines due vnto ws by all such persons whoe have transgressed the Act of Parliament maid in Anno 1621, against the conceallers or wrangous upgivers of moneyis lent by them : ffor doing whareof, these psesents shall be your sufficient warrant and discharge. Given at our Court at Whythall, the 23 of May 1628.

TO THE TREASURER OF ENGLAND. June 30, 1628

[CHARLES R.]

Eight, &c. Whareas the Lord Naper, our Treasurer Deputie in our kingdome of Scotland, hath informed ws, that divers soumes of money, which, for our service wer payable out of our Excheckqr heir, have been payed out of our Excheckqr thare : Our pleasour is, that taking vnto your assistance Sir William Alexander, our Secretarie for that kingdome, you call for such accomptis of that kind as our said Treasurer Deputie shall exhibit vnto you, and after you have perused the same, that you report wnto ws what moneyis you find to have been soe delivered, to the effect we may tharefter giue such order touching the same as we sail think fitt. Soe We, &c. Whythall, the last of June 1628.

TO THE EXCHECKQUER. July 11, 1628.

[CHARLES R.]

Right, &c. Heaving hade many prooffes and good experience of the sufficiencie and abilities of our trustie and weelbeloved Counsellare, Sir William Alexander of Menstrie Knight, our principal Secretarie for that our kingdoine, and of his good affectione to doe ws service, by performing our trust reposed in him : Wee are moved, in regard thareof, and for his better encouragement, and enabling him for our said service, to advance and promove him to be one of the Commissioners of our Excheckq* in that kingdome. It is tharefore our will and pleasor, and •wee doe heirby require you, that, heaving administrat vnto him the oathe accus tomed in the like caise, yee admitt him to be one of the Commissioners of our said Excheckq*, receaving him in that place, as one of your number : ffor doing whareof, these presents shalbe vnto you, and everie of you, a sufficient warrant Given &c. at Whithall, the 11 of July 1628.

TO THE EXCHECKQUER. November 7, 1628.

[CHARLES R.]

Right, &c. Whareas wee were formerlie plessed to assigne the payment of Sax Thousand punds Sterling, granted by our late dear Father to our trustie and weelbeloved counsellare, Sir William Alexander, our Secretarie, his airs and assignais, to be paid out of the benefit arysing to ws out of the Pryses, or concealed moneyis due by the taxationes ; heaving hard from you how convenient it wer, that our share of the Pryses, for the incres of our custumes, should be lett out with them, according to that overture made by John Peebles for farming of the custumes, tending soe much to the advancing of our realme, which we wisch to be fordered, We are pleased tharewith ; but withall, that the said Sir William be not disapointed of that which doth rest vnto him vnpayed of the said grant, Oure plesour is, that heaving hard from Sir James Bailyee, that the said Sir William have resaved out of the said prises or otherwayis, that you caus our receavers or customers intromet with the said part of the prises to our vse, after such maner as you shall think expedient, and that you give order, that the said Sir William, his airs and assignais, may be payed out of our rentis, custumes, and casualities, or conceilment foirsaids, of the said remainder ; as likewayis, in consideration of his long want of the samen of that part of the Prise wines due vnto ws, which he should have hade bot was given for payment of the mariners : ffor doing whareof, and for securing him thareof in any maner you shall think it fitt, these presents shalbe vnto you a sufficient warrant. Whithall, the 7 of November 1628.

TO HIS MAJESTIE IN FAVOURS OF SOME UNDERTAKERS FOR NOVA SCOTIA. November 18, 1628.

MOST SACRED SOCBRANE.

We haue beene petitioned in name of some interrested in New Scotland and Canada holdin of your Matie” crowne of this kingdome humblie shewing that by vertew of rights of lands made vnto thame by your Mau* or by Sir Williame Alexander your Ma”^ lieutennent of these bounds they haue alreadye adventured sowmes of money for setting furth of a Colonio to plant there and intending God willing to prosecute the same And that they understand that by reasoun of a voyage made by ane Captaine Rich thither this last Sommer there ar some making suto to your Majestic for a new Patent of the saids lands of Canada and of the trade thairof to be holdin of your MateU Crowne of England ; which in our opinion will prove so derogatorie to this your ancient kingdome, vnder the Great Scale whereof your Matie hes alrcadie granted a right to the saids bounds And will so exceedinglie discourage all vndertakers of that kynde as we cannot but at thar humble sute represent the same to your MaUe humblie intreatting that your MaUe may be gratiouslie pleased to take this into your princelie consideration as no right may be heerefter graunted of the saids lands contrarie to your MatiM said preceding graunt But that they may be still holdin of the Crowne of this your ancient kingdome according to the purport and trew intentioun of your Mauu said former graunt And we ar verie hopefull that as the said Sir William Alexander hes sent furth his Sonne with a Colonie to plant thare this last yeere So it sail be secunded heerefter by iiianie other Vndertakers of good worth for the advance ment of your Mauu service increasse of your revenewes and honour of this your said ancient kingdome And so with the continuance of our most humble services and best prayers for your Mauu health and happines We humblie take leave as your MateU most humble and faithfull servants

(Sic Subscribitur.)

MAIL A. CARRE. MONTEITH. ARCH. ACHESOUN. HADINTOUN. ADUOCAT. WINTOUN. CLERK REGISTER. LINUTHGOW. SIR GEORGE ELPHINSTOUN. LAUDERDAILL. SCOTTISTARVETT. TRACQUAIR. Halyrudhoua, 18 Novembris 1628.

COMMISSION TO SIR WILLIAM ALEXANDER AND OTHERS. February 4, 1629.

to make a voyage into the Gulfe and River of Canada, and the parts adjacent, for the sole trade of Beaver Wools, Beaver Skins, Furrs, Hides & Skins of Wild Beasts. 4 Car. 1.

AN EXTRACT OF THE PATENT GRAUNTED TO SB WILLIAM ALEXANDER CONCERNING CANADA. [1629?]

In the Commission graunted to Sr William Alexander the Younger & others (whereof the Preface alleageth the Discovery made by them of a beneficiall Trade for divers Comoditys to be had in the Gulf & River of Canada & parts adjacent and his Matie8 Resolution thereupon to incorporate them for the sole Trading in these parts upon further Discovery to be made by them.

The said Sr William Alexander, &c. are assigned as Come” for the making of a Voyage into the said Gulf, River & parts adjacent for the sole Trade, &c. with Power to settle a Plantation within all the Parts of the said Gulfe & River above those parts which are over against Kebeck or the south side, or above Twelve Leagues below Todowsack on the North side.

Prohibiting all others to make any Voyage into the said Gulfe or River, or any the parts adjacent to any the purposes aforesaid upon payne of Confiscation of their Goods & Shipping so employed, which the Comissioners are authorized to seize unto their owne use.

Power given them to make Prize of all French or Spanish Ships & Goods at Sea or Land, &c. and to displant the French.

Power of Government amongst themselves.

Covenant of further Letters Patents of Incorporation or otherwise for settling the Trade & Plantation.

Saving of all former Letters Patents.

TO THE ERLE OF MONTEATH, SIR WILLIAM ALEXANDER, AND SIR ARCHEBALD ACHE. May 2, 1629.

[CHARLES R.]

Right, &c. Whareas, according to the course begun by our late deare Father, Wee wer pleased to give order for creating of knight Baronettis within that our kingdomc, for the planting of the Plantatione of New Scotland, as the commissione given for that effect particularlie beares, and heaveing alwayis a desire that those of the most antient families and best estattes might be first preferred ; notwith standing that they had been duelie warrant by proclamation for that purpos, yet out of our ernest desire to give them all ressoneabill satisfactione, wee did sign Patents for sundrie of them, that, in cais they should in due time accept thareof, they might tak place from the signing the same, notwithstanding that others, whose patentis wcr signed by ws tharefter, had passed our Great Seall before them. And becaus the most part of those patents being signed by ws at one time, wee suld not then give order by making of them of severall dates for thare particulare proceedingis as was requirit, Oure Pleasour is, that you, or any twoe of you, heaveing considered of the qualitie and estate of these for whome such patents wer signed, doe fill wpp the dates of everie one of them, as yow in your discretione shall think fitt : for doing whareof, these presents shalbe vnto you a sufficient warrand, which Wee will you to insert in your books of Counsell or Sessione, iff yoe shall find it expedient. And soe, &c. From our Court at Greenwitche.

TO THE COUNSELL. October 17, 1629.

[CHARLES R.]

Right, &c. Whareas our trustie and weelbeloved Sir William Alexander our Secretarie, hathe agreet withe some of the heads of the cheef Clannes of the Heighlands of that our kingdome, and with some other persones, for transporting them selves and thare followers, to setle themselves into New Scotland, as we doe wery much approve of that course for advancing the said plantatione, and for debordening that our kingdome of that race of people, which, in former times, hade bred soe many troubles ther ; soe since that purpose may werie much impart the publick good and quiet thareof, Wee are most willing that you assist the same, by all fair and laufull wayis ; and becaus, as wee are informed, divers are willing to con tribute for thare dispatche by thare means, Wee require you to tak the best and most faire counsel heirin that possibillie you can, that a voluntarie Contributione may be made for that purpos, in such maner as you shall think most fitt and that you substitute any persones whom you shall think expedient for the manag ing and collectione thareof. Given at Hamptoune Court, the 17 of October 1629.

TO THE CONTRACTERS FOR BARRONETTS. November 17, 1629.

[CHARLES R.]

Right, &c. Whareas wee vnderstand that out of your regard to our service, and the honor of that our antient kingdome, for forthering the plantatione of New Scotland, soe oftentimes recommendit by our late dear Father, and by our selff, you have agreet with our trustie, &c. Sir Williame Alexander, cure secretarie for Scotland, for advancing great soumes of money for that purpos, taking the benefitt that may arrise by the erectione of Barronettis of the number granted vnto him, as yet to be made for your releef, Wee doe heartlie thank you for the same, and doe accept it as a most singulare service done vnto ws, wishing you to proceed with confidence and diligence, that the nixt supplie may go out in time, ffor wee wilbe werie sorie and loath to sie you suffer for soe generous ane actione, which may tend soe much to our honour, and the good of that our kingdome ; and for your better encouragement, and more speedie repayment, wbersoever any persone of qualitie fitt for the dignitie of Barronet hath any particulare favor to crave of ws, wee will and allow yow, according to the severall charge that any of yow hath from ws, to require them first to accept of the said dignitie, according to the conditiones formerlie condiscendit vpon, with others which shall mak ws the more willing to gratiefie them, ffor wee desire much to have that work brought to perfectione. Soe willing that this our letter be recorded in the books of our Counsell and Exchecq’, We, &c. Whitehall, the 17 Nov. 1629.

TO THE COUNSELL. November 17, 1629.

[CHARLES R.]

Right trustie and right well-beloued Cousin and Counsellour, right trustie and well-beloued Cousins and Counsellouris, and right trustie and well-beloued Counsellouris, We Greete you well.

Whareas, vpon good consideration, and for the better advancement of the plantatione of New Scotland, which may much import the good of our service, and the honor and benefeitt of that our ancient kingdome, cure royall Father did intend, and we since have erected the order and titill of Baronet, in our said ancient Kingdome, which wee have since established, and conferred the same vpon divers gentlemen of good qualitie; and sieing our trustie and weil-beloued counsellor Sir Williame Alexander knight, our principall secretarie of that our ancient kingdome of Scotland, and our Leiwetennant of New Scotland, whoe these many yeirs bygone has been at great charges for the discoverie thareof, hath now in end setled a Colonie thare, where his sone, Sir Williame, is now resident ; and we being most willing to afford all possible means of encouragement that convenientlie wee can to the Barronettis of that our ancient kingdome, for the furtherance of soe good a wark, and to the effect they may be honored, and have place in all respectis, according to their patents from ws, We have been pleased to authorise and allow, as be theis presents for ws and our successors we authorise and allow, the said Lewetennent and Baronettis, and everie one of them, and thare heirs male, to weare and carry about their neckis in all time coming, ane orange tauney-silk ribbane, whairon shall hing pendant in a scutchion argent a saltoire azeuer, thairon ane

inscutcheeine of the armes of Scotland, with ane imperiall croune above the scutchone, and incircled with this motto, FAX MENTIS HONESTY GLORIA : Which cognoissance oure said present Leivetennent shall deliver now to them from ws, that they may be the better knowen and distinguished from other persones : And that none pretend ignorance of the respect due vnto them, Oure pleasure therefore is, that, by oppen proclamatione at the markett crosse of Edinburgh, and all other head borrows of our kingdome, and such other places as you shall think necessarie, you caus intimat our Royal pleasor and intentione herin to all our subjectis : And if any persone, out of neglect or contempt, shall presume to tak place or precedence of the said barronettis, thare wiffes or childring, which is due vnto them by thare Patents, or to wear thare cognoissance, wee will that, vpon notice thareof given to you, you caus punish such offendars, by prisoning and fyning of them, as you shall think fitting, that others may be terriefied from attempting the like : And “We ordano that, from tyme to tyme, as occasione of granting and renewing thair patents, or thair heirs succeiding to the said dignitie, shall offer, That the said poware to them to carie the said ribbine, and cognoissance, shalbe tharcin particularlie granted and inserted; And Wee likewayis ordaine these presents to be insert and registrat in the books of our Counsell and Exchecqr, and that you caus registrat the same in the books of the Lyone king at armes, and heraulds, thare to remain adfuturam rei memoriam; and that all parties having entres [interest] may have autentick copies and extractis thareof: And for your soe doing, These our lettres shalbe vnto you, and evcrie one of you, from tyme to tyme your sufficient warrant and discharge in that behalf. Given at our Court of Whythall, the sevinteinthe of November 1629.

To our right trustie and right well-beloued cousin and counsellour; to our right welL-beloued cousins and counsellouris ; to our right trustie and well-beloued counsellouris ; and trustie and well-beloued coun sellouris, the Viscount of Dupleine, our Chanceilor of Scotland, the Earle of Monteith, the President, and to the remanent Earls, Lords, and otheris of our Privie Counsell of our said kingdome.

A PRECEPT IN FAVOUR OF SIR W. ALEXANDER. December 10, 1629.

[CHARLES R.]

Wheareas formerlie wee directed a precept vnto Sir James Baillie Knight, that heaving the same charge in our service wharewith you are now entrusted, to pay vnto Sir William Alexander Knight, oure principal secretarie for Scotland, the soume of Sex Thousand pounds sterling, out of our parte of the Prise money is, which the saids Sir James was then ordained to resave, and are now appointed to come vnto the Excheckqr : Tharefore oure plesor is, and wee doe heirby will and require you, vpon the sight heiroff, to pay vnto the said Sir William Alexander, or his assignais, That which you shall find remaining vnpayed of the said precept, and that out of the first and reddiest of our rentis and casualties, or out of any other moneyis belonging vnto ws, presently remaining in your custodie, or that shall nixt come into your hands : And for your soe doing, thes presents shalbe vnto you a sufficient warrand : And [Wee] doe hereby command our treasurer, deputie treasurer, commissioners of our excheqr, and all others auditors whoe are or shalbe herefter, to allow and defeas vnto you the remanendare of the said Sir William his precept, vpon accompt. Whitehall, the 10 of December 1629.

To our trustie and weelbeloved Mr David Fullertone, one of the Receavers of our rentis in Scotland.

ACT ANENT THE COGNOISSANCE OF THE KNIGHT BARONNETS. December 24, 1629.

Apud Halynidhous 24 die mensis Decembris 1629.

The whilk day the missive vnderwrittin signed be the Kingis Matie being pre sented to the Lords of Secreit Counsell and read in thair audience The saids Lords according to the directioun of the said missive Ordanes the same to be in sert and registrat in the Bookes of Priuie Counsell and Exchecker And siclyke thay ordaned the same to be registrat in the Bookes of the Lyoun King at Armes and Heraulds thairin to remaine ad futuram rei memoriam And that all parteis having interesse may have authentick copeis and extracts thairof. Of the whilk missive the tennour followes. CHARLES R.

Right trustie and right, &c.

Whitehall, the 17 of November 1629.

[In the Acts of Privy Council a copy of the Proclamation is subjoined, which, as usual, is a mere repetition of the King’s letter.]

TO THE GOVERNOUR OF THE TOUN OF PLIMMOUTH. December, 1629.

[CHARLES R.]

Whareas Wee have directed Samuell Jude, post of our toune of Plirnmouth, to repair thither for conducting, and bringing hither to our Court, one of the com manders of Cannada, attended by some others of that countrec, whoe is directed to ws, in name of the rest, Wee doe heirby will and require you to give vnto him all the laufull fortherance shalbe found requisit for thare conducting and transportatione hither, with all such provisiones as they have to bring along with them, And that you signifio this our pleasour to any others whom it may concern. To our trustie and weelbeloved Sir James Bagg knight, Governour of our toune of Plymmouthe, and to all other our officiars, to whome thes presents doethe or may concern.

TO SIR WILLIAM ALEXANDER. February 4, 1630.

[CHARLES R.]

Right, &c. Whareas Wee have, by our infeftment vnder the Great Seall of our kingdome of Scotland, granted vnto you, and your heirs, authoritie to be our Leivetennent of New Scotland, and Cannada, with pouare to confer titles of honour thare vpon such inhabitants as shalbe aidding and assisting vnto the plantatione thareof ; and whareas also, for the better encouragement of our subjectis of our said kingdome, to plant and contribute towards the plantatione of the said country, Wee have erected the Order and dignitie of Knight Baronet in our said kingdome of Scotland, and by our lettres have appointed and licensed the Knight Baronetts of our said kingdome to carie and weare a cognissance, and orange tauney ribbane about thare neckis, Tharefore, wee doe alsoe heirby authorise and require you, and your heirs and successors, to authorise, licence, and appoint the Baronettis of New Scotland and Cannada, appointed or heirefter to be appointed, by you, or them, in the said territorie and dominione of New Scotland and Cannada, to wear and carie the like cognissance, and ribbane for thare better distinctione from the others freeholders, and inhabitants thareof, and that you caus registrat this our warrand in the books of Councell, Sessione, and Excheq* of our said kingdome, and in the Registers of our said territorie and dominione of New Scotland : And for your soe doing theis our lettres, given vnder our Privie Signett, shalbe vnto you, and your heirs and successors, a sufficient warrand in that behalf. Whitehall, the fourt day of Februar 1630.

MEMOIR OF THE FRENCH AMBASSADOR. February 1, 1630.

L’Ambassadeur de France Supplie Sa Majeste de la Grande Bretagne qu’il lui plaise ordonner et conformer a ce que a este promis et accorde par les articles du xxiiii8 Auril der™ au Capne Querch et au Sieur Guillaume Alexandre et relevans de ses subiects, qui sont ou sejourneront en la Nouvelle France, de s’en retirer et remettre entre les mains de ceux quil plaira au Roy Son Maistre d’y enuoier, et seront porteurs de sa commission, tons les lieux et places quilz y ont occupez et habitez depuis ces derniers mouuemens, et par encore la forteresse et habitacion de Quebec, Costes du Cap Breton, et Port Boial prins et occupez, scauoir la forteresse de Quebec par le Capne Querch, et les costes du Cap Breton et Port Roial par leis Sieur Guillaume Alexandre Ecossois depuis le xxiiii” Auril derer. Et d’eux remettre en mesme estat quilz les ont trouuez sans desmolir les fortes Creaons. ny bastimens des habitations, ny ernporter aucunes armes, munitions, marchandises ny vstencilles de celles qui y estoient lors de la prinse, quilz seront tenuz de rendre et restituer auec touttes les pelletteries quilz ont apportees despuis, ensemble la patache commandee par le Capne de Caen qui a este amenee en Angleterre, comme aussi la nauire nominee la Marie de St Jean de Luz du port de soixte dix tonneaux

qui a este prins par leis Sieur Alexandrc au dcs baleines coste du Cap Breton, et

partie des homines raraenez ici [par] le Capne Pomerey. (In dorso.) MEMOIRE. — Whereby the French Ambr desires his MaUe to give order for the restitution of all the places taken in Canada by the English and Scotts during these late troubles, Item of all the goods and ships brought from thence hither. All in manner as taken, &c.

A CHARLES ST ESTIENNE BARRON. February, 1630.

Tres chere et bien ayme, vos lettres …..

[A blank space is left at fol. 480 in Sir William Alexander’s Register for the continuation of this letter.] In the margin, ” Letters Francois.”

THE LORD OCHILTREE’S INFORMATION. February 20, 1630.

[The author of the following information was Sir James Stewart of Killeith,

eldest son of Captain James Stewart, Earl of Arran. He acquired the Lordship of Ochiltree in 1615, but according to Scotstarvet he only ” enjoyed the estate a few years, and was forced to sell all for defraying his debts.” This may possibly have induced him to establish a colony at Cape Breton. In May 1629 Charles the First authorised the sum of Five hundred Pounds sterling ” to be borrowed for the use of Lord Ochiltree, being for his present expedition to Cape Britton for a planting of a colony there.” The King on the 10th of December following signed a precept for the repayment of the said sum. But on the 10th September 1629, Lord Ochiltree and many of the settlers were treacherously taken prisoners by Captain Daniel of Dieppe ; some were carried to England, while Lord Ochiltree and seventeen others were taken to France, suffering great hardship from the barbarous and perfidious carriage of the French. He estimated his losses at £20,000. The English Ambassador, Sir Thomas Edwards, on the 22d January 1629-30, having made a formal complaint of such usage, his Lordship was set at liberty, as no just cause could be found for his detention. — (Colonial Papers, pp. 104-106.) On the 24th of April that year, Lord Ochiltree had a patent as a Knight-Baronet. In April 1631, he had renewed his intentions to plant a Colony near the river of Canada But before his patent had passed the Great Seal, in consequence of his being under a criminal process, the King, about the close of 1631, ordered this grant not to be recorded. This process was occasioned by Lord Ochiltree having accused James Marquess of Hamilton of high treason, but when the charge was tried, Crawfurd (Peerage, p. 375) says, ” the story appear’d to be a piece of the most notorious folly and forgery that ever was in vented; for which he was condemned to perpetual imprisonment in Blackness Castle.” Here he was kept till the year 1652 when, being released by the English, he ” took himself to be a Doctor of Medicine, by which means he sus tains himself and his family.” — (Scot of Scotetarvet.) He died in 1659.]

INFORMATION, &c,

The Kinge off France by his commissione doeth assure to himself all that part of America wch lyeth, eleuationne from the fortie too the sixty degree, whereby he doeth incluid the River of Canada, all Acady, wch ineluids all New Ingland and New Scotland. Theas lying in lenthe by the sea coast some six hundrithe myllis.

By this he assumis to himself the sole priuiledge and benefitt off fisching, at this tyme the cheef commerce off France whereby in few yeeris he wilbe able to nourissh ane seminary and nurcery off saillers and seamen above ony king in the world. And in this land he hathe bothe the commerce as also the occasioun and means off building or causing boold what schips he pleasis, and all thayr furnitur, and the brauest harborys in the world, so that he may frame his schips off what burding he pleases. He intends, as Captain Danyell hes publickly confessit and professed, the supplantatioune of theas Colonyes off the Inglis in New Ingland, and the making pryss off all the Inglish schipps going thither ; and to this effectt he goeth in ane schipp off the King of Frances this zeir, accompanied with too [two] other smaller schips, and too hundrethe men in euery off them.

That the Kyng of Britane hath as guid right to theas lands as to England I hoop the estate off England knowes it, and I know it can be instructed ; and I know it is better then Ingland and Scotland bothe in respect off the climat, the goodnes off ye soylls, and riche contrie, iff it were peopled, wch is easy to the King of Britane to doo hauing alreddy in theas parts above seuen thousand of his Matie8 subjects.

Captan Danyell is the whol projector of this to the State of France : he is to secound the Jesuits in this cours, he the agent and they the plotters ; he is to part from Deep bctwix an the twenty off February with theas his thrie schips. Iff he resaue nocht interruptioune in his courss this zeir, it will with moir difficulty and damage both heirefter ; for he hathe professed, wch shalbe verified befor Captan Fener and the Lo. Wcheltrie, that the King of France did mynd nothing by the peace with Ingland bot to endur for too zeiris till he secured America and peceably possessed himself therein.

(In dorso.) The Lo : Ewcheltreis Information.

SECRETARY VISCOUNT DORCHESTER TO SIR ISAAC WAKE, AMBASSADOR IN FRANCE. April 15, 1630.

In one only point Monsieur de Chasteauneuf seemed to goe away ill satisfyed, that he could not obtayne a direct promise from his Ma** for y” restoring of Port Royall, joyning to Canada where some Scottishmen are planted vnder the title of Nova Scotia. This Plantation was authorised by King James of happy mpmorie vnder Letters Patents of ye Kingdome of Scotland, and severall Priviledges granted vnto some principal Persons of ranke and quality of this Kingdome wth condition to vndertake the same : True it is, it was not begun till towards the end of ye warre wth France, when some of his Matys subjects of that Kingdome went to Port Royall, and there seated themselves in a place where no French did inhabite Monsr de Chasteauneuf pretending (rather out of his owne discourse, as wee here conceiue, then by commission) that all should be quitt in state as it was before the warre, and by consequence those men wthdrawne, hath pressed his Mat? earnestly for that purpose, and His Mat* wthout refusing or granting hath taken time to aduise of it letting him know thus much that vnles he found reason as well before, as since the warre, to have that place free for his subjects plantation he would recall them, but in case he shall find the Plantation free for them in time of Peace, the French will have no cause to pretend possession thereof, in regard of the warre, meanwhile Kebec (which is a strong fortified place in the River of Canada, wch the English tooke) his Ma’? is content should be restored because the French were removed out of it by strong hand and whatsoever was taken from them in that Fort shall be restored likewise, whereby may appear the reality of His Mat5′” proceedings ; and this I advertise your Lp. for your information, not that it should be ncedfull for you to treate or negotiate in it, but to y° end, that, if it should be spoken of vpon Mon™ de Chasteauneuf returne, you should not be ignorant how the businesse passed. DORCHESTER.

Whitehall, 15 Aprill 1630.

(In dorso.) Lord of Dorchester to Sr I’ Wake, 15 Aprill 1630 Plantation of Canada, Nova Scotia, Port Royall and Kebec.

TO SIR WILLIAM ALEXANDER, YOUNGER. May 31, 1630.

[CHARLES R.]

Trustie, &c. Heaving wnderstood by your letter, and more ample by report of others, of the good success of your voyage, and of the carefull and provident pro-ceeding for planting of a colonie at Port Royall, which may be a means to settle all that cuntrie in obedience, We give you hartlie thanks for the same, and doe wish you (as wee are confident you will,) to continew, as you have begune, that the wark may be brought to the intendit perfectione ; which wee will esteem as one of the most singulare services done vnto ws, and of you accordinglie, and of everie one of your company, that have been good instruments in the same, as wee shall have a testimonie of them from you. Soe recommending vnto you that you have a special care before you return, to tak a good coarse for government of the Colonie during your absence Wee bid you farewell. Whitehall, the 13 day of May 1630.

TO EARLES, LORDS, GENTLEMEN, KNYGHTS : GENERAL CONVENTION. July 3, 1630.

[CHARLES R.]

Right, &c. Being informed of your affection and habilite to doe ws service and clesyreing to have a prooff of the same at this tyme wherin sindrie things are to be proponed from ws for the good of that kingdome as will appear by the Articles which we have sent for that effect And that yow may be the better informed we have desyred our trustie and weilbeloved Counsellour Sir William Alexander principall Secretarie for our kingdome of Scotland to acquant yow more particularlie therwith whom yow shall trust in any thing that he doeth dclyver vnto yow in our name concerning our service at this tyme and as we find your endea vours to prove we will acknowledge the same accordinglie. Whythall, 3 July 1630. Ane Letter to ane Erie and two Lordes and two gentle men of the tenour and date of the precedent, and ane to Lochinvar, of the tenour and date of the precedent, with this clause more, ” As lykwayes in the Treatie with yow concerning your Bailliarie and Regalitie.”

TO THE COUNSELL: SIR W. ALEXANDER IN NEW SCOTLAND. July 3, 1630.

[CHARLES R.]

Right trustie and right weilbelouit Cousin and Counsellour, right trustie and right weilbelouit cousins and counsellours, right trustie and weilbelouit counsellours, and trustie and weilbelouit counsellours, We greite yow weill : There being at this tyme some contraversie betwixt Ws and the French, concerneing the title of landes in America, and particularlie New Scotland, it being alledgeit that Port Royall, wher the Scottish Colonie is planted, should be restored as takin since the making of the peace, by reasone of the Articles made concerneing the same: As we ar bund in dewtie and justice to discharge what we owe to everie nyghbour Prince, so we must have a care that none of our subjects doe suffer in that which they have vndertakin, vpon just grounds, to doe ws service, nather would we determine in a matter of so great moment till we vnderstude the trew esteat thairof Thairfoir our pleasur is, that yow tak this bussines into your consideratioun ; And becaus we desyre to be certifeid how farre we and our sub jects ar interested thairin, and what arguments ar fitt to be vsed when any questioun shall occure concerneing the same for the defence thairof, that efter dew information we may be furnished with reasons how we are bound to manteane the Patents that our late dear Father and We have gevin. So expecting that having informed your selffis sufficientlie of this bussines, yow will returne ws ane answer with diligence. We bid you fareweill. Frome our Court at Whitehall, the third July 1630.

THE GENERAL CONVENTION. July 14, 1630.

CHARLES R.

Right trustie, &c. Being informed of your affection and abilitie to doe ws service and desyreing to have a prooff of the same at this tyrae wherin sindrie things are to be propounded from ws for the good of that kingdome as will appear by the Articles which we have sent for that effect And that yow may be better informed we have requyred our trustie &c Sir William Alexander our principall secretarie of that our kingdome to acquant yow more particularlie therwith whome yow shall trust in any thing he doeth delyver vnto yow in our name concerneing our service at this tyme And as We find your endeavours to prove we will acknow ledge the same accordinglie. At Nonsuche, 14 July 1630. Ther ar two letters more verbatim ut supra Ther ar four

letters more verbatim, Trustie and Weilbeloved Thrie Ratifications signed the same tyme, one of the Act of Interruption One thereof the determinations and Act of annuitie And the thrid in favours of the Barronetts of the title of Barronett.

DIGNITIE OF KNIGHT BARRONETTS. July 14, 1630.

CHARLES R.

Right trustie and right weilbelouit cousine and counseller right trustie and weilbelouit cousins and Counsellours right trustie and weilbelouit counsellours right trustie and trustie and weilbelouit We greit you weill Having given furth ane decree vpon these things qlks wer submitted vnto us in suche sort as after dew informatioun (having heard all parteis) we conceaved to be best for the publict good and having given order for making interruptioun that we might no way be prejudged by the act of prsescriptioun, whiche we can never thinke wes at first intended for anie prejudice of the Crowne, we made choise rather to obviat anie inconvenient that may come thairby by publict acts in counsell then to trouble a number of our lieges by particular citatiouns Thairfoir we have thought fitt to recommend the same vnto yow that they may be confirmed by yow our Estaits conveened by ws at this time And lykewayes where our lait deerc Father and we have erected the dignitie of Baronnets for advancing the Plantatioun of New Scot land, granting Lands thairwith for that effect Wee recommend lykewayes the same in so farre as sail be lawfullie demanded to be confirmed by yow And so not doubting bot that yow will be carefull both of these and all other things that may import the honnour of that Kingdome or the good of our service We bid you fareweill. Frome our court at Nonsuche, the 14 of July 1630.

HIS MAJESTIE’S MISSIVE ANENT PORT ROYALL IN NEW SCOTLAND. July 20, 1630.

Apud Halyrudhous vicesimo die mensis Julij 1630.

The whilk day Sir William Alexander principall Secretar to our Soverane Lord gave in the missive letter underwritten signed be the King’s Majestie and directed to the saids Lords, of the • whilk the tennour followes.

CHARLES R. Right trustie and right weilbelouit Cousine and Counsellour, &c.

. .

At Whitehall, the third day of July 1630.

Quhilk letter being read and considderit be the said Lords, They ordaine the said Sir William Alexander whom this business concernes to attend the Lords Chancellor, Thesaurair, Prsesident, Lord Gordoun and Advocat, and to propone unto thame the reasouns and arguments for defence of his Majestie’s right ; Togidder with the objectiouns moved be the Frenche for recoverie of the same ; To the intent the Counsell upon report thairof, being trewlie informed of the estait and nature of the bussines may certifie backe to his Majestie thair opinion thereanent.

RATIFICATIOUN OF THE ORDER OF KNIGHT BAROUNETS. July 31, 1630.

Apud Halyrudhous Vltimo die mensis Julij 1630.

The Estates presentlie conveened all in one voice ratifies allowes approves and confirmes the dignitie and order of Knight Barounets erected be his MaUe and his lait deere Father of blessed memoric and conferred by thame vpon sindrie Gentlemen of good qualitie for thair better encouragement and retributioun of thair vndertakings in the Plantatioun of New Scotland with all the acts of Secreit Counsell and proclamatiouns following thairvpon, made for maintening of the said dignitie place and precedence thairof, and ordains the same dignitie place and precedence dew thairto to continew and stand in force in all tyme comming, and that intimatioun be made heirof to all his Mateis- leiges be opin proclamatioun at the mercat croce of Edinburgh and other places neidfull.

Followes his Mateis missive for warrand of the Act abouewritten.

ANENT NEW SCOTLAND. July 31, 1630.

The Estaits presentlie conveened having dewlie considderit the benefite arysing

to this Kingdome by the accessioun of New Scotland and of the successfull plantatioun alreadie made there by the gentlemen vndertakers of the same In regards whairof and that the saids lands and territoreis of New Scotland ar by the patent thairof made in favours of Sr Williame Alexander of Menstrie Knight his Mateis Secretarie annexed to the Crowne Thairfoir the saids Estaits all in one voice hes concluded and agreed that his Matie sail be petitioned to mainteane his right of New Scotland And to protect his subjects vndertakers of the said plantatioun in the peaceable possessioun of the same As being a purpose highlie concerning his Mattis honnour and the good and crcdite of this his ancient Kingdome.

TO HIS MAJESTIE, ANENT NEW SCOTLAND. Septmeber 9, 1630.

MOST SACRED SOUERANE.

We have vnderstood by your Maui* letter of the title pretendit by the Frenshe to the Lands of New Scotland, Whiche being communicat the Estaits at thair lait raeiting, and they considering the benefite arysing to this kingdome by the acces sion of these lands to the Crowne and that your Matie is boundin in honnour carefullie to provyde That nane of your Matd” subjects doe suffer in that whiche for

your Ma61 service and to thair greit charge they haue warrantable vndertakin and successfullie followed out We haue thairupoun presoumed by order from the Estaits to make remonstrance thairof to your Matie and on thair behalffe to be humble supplicants to your Matie that your Matie would be gratiouslie pleased seriouslie to take to heart the maintenance of your Royall right to those lands and to protect the Vndertakers in the peaceable possessioun of the same, as being a bussines whiche tuiches your Mateis honnour, the credite of this your native kingdome, and the good of your subjects interessed thairin. Remitting the particular reasoun fitt to be vsed for defence of your Mauis right to the relatioun of Sir William Alex ander your Maj’s Secretare who is intrusted thairwith, We humblie pray the Almightie God to blesse yor Matie with a long and happie raigne, and wee rest

Your Majesties most humble and obedient Subjects and Seruitours. MORTOUN. HAMILTON. WINTOUN. S THOMAS HOPE. LAUDERDAILL. SCOTTISTARVET.

Halyrudhous, 9 Septembris 1630. (In dorso.) To the Kings Most sacred and Excellent Maiestie.

REASONS ALLEAGED BY THE SCOTTISH ADUENTURERS FOR THE HOLDING OF PORT ROYAL, &c. September 9, 1630.

Immediately about the time that Columbus discouered the Isle of Cuba, Sebas tian Chabot set out from England by Henrie the Seventh did first discouer the continent of America, beginning at the Newfoundland, and thereafter going to the Gulph of Canada and from thence having seen Cape Bretton all along the coast to Florida : By which discouery his Matie hath the title to Virginia, New England and New Scotland, as being then first discouered by Chabot at the charge of the king of England.

The French after this neglecting the knowledge they had thereafter by Jaquos Cartier of the river of Canada as a cold climat, or as it may bee in regard it was challenged as first discovered by the English, hauing a great desire to possesse themselves in some part of America, they planted first a colony vnder the charge of Monsr Villegagnon in Brasill, and another vnder the charge of Monsr Laudoniere in Florida, from both of which they were expelled by the Spaniards.

Then giving ouer all hope of attempting any thing that was belonging to the Spaniards, and pressing by all meanes to haue some interest in America, notwith standing that the English (though they were not able to possesse the whole at

first) had possessed themselves of that continent, discouered by them, by a Colonie in the South part thereof was now called Virginia and by another in the north part thereof now called New England and New Scotland, planted by Justice Popham. The French in the time of Henry the fourth, under the charge of Monsieur Pontrincourt, hauing scene all the coasts of New England and New Scotland to both which parts they did then beginne to claim right : They seated themselves in Port Royal ; Out of which, as soon as it was made known to the English, they were displauted by Sr Samuel Argall, as hauing wrongfully intruded themselves Within those bounds which did belong to this Crowne, both by discouery and possession.

The remainder of this French Collony not hauing occasion to be transported to France stayed still in the contrie Yet they were neglected by the State not owning thorn any more and hardly supplied in that which was neccessary for them by volontary adventurers, who came to trade in hope of their comodities in Exchange of what they bought : And during the time of King James there was no complaint made vpon Sr Samuel Argall for hauing displanted them, and they were now lately glad to demand that protection from his Matie which was not afforded them from any other. Whereby it may euidentlye appeare, that his Matie§ title was thought good, otherwise it is likely the French King, if any wrong had boon done vnto him, would haue sought to haue had the same repaired, either by treatie or other wise. But without making either any priuat complaint, or yet doing any publick Act against the same They went next and seated themselves vpon the north side of the River of Canada at Kibeck, a place wherevnto the English by a preceding title might likewise haue claimed right : But small notice was taken thereof till during the time of the late Warre a Commission was given by his Matle to remove them from thence, which was accordingly performed, the place being taken, a little after tho peace was concluded, which at that time had not come to the takers know ledge, and a Colonio of Scottish was planted at Port Royal, which had never beene repossessed nor claimed by the French since they were first removed from the same.

This businesse of Port Royal cannot be made lyable to the Articles of the peace, seeing there was no act of hostilitie comitted therebye, a Colonny onely bceing planted vpon his Maties owne ground, according to a Patent granted by his Matie3 late deare father and MatlM selfe hauing as good right thereto as to any part of that Continent ; and bothc the patent and the possession taken thereupon was in the time of his Maties late dcare Father, as is set downe at length in the Voyages written by Purchas. But neither by that possession nor be the subsequent planta tion hath anything beene taken from the French whereof they had any right at all, or yet any possession for the time, and what might haue beene done either before the warre or since the warre, without a breach of peace cannot justly bee com plained vpon for beeing done at that time.

After that the Scottish Colonie was planted at Port Royal, they and the French who dwelled there hairing met with the Commanders of the Natives, called by them Sagamaes did make choice of one of the cheefe of them called Sagamo Segipt to come in name of the rest to his Matie for acknowledging of his title, and to become his Ma4″” subjects, crauing only to be protected by his Matie against their enemies ; which demand of his was accepted by his Matie, who did promise to protect them, as he reported to the rest at his returne.

Monsr La Tour who was cheif command1 of the few French then in that Countrie beeing neglected (as is sayd) by his own Countriemen, and finding his Matie” title not so much as questioned after their beeing expelled from Port Koyal and the coming in of the Scottish necessary for his securitie, did along with the same Sagamo offring and demanding the like in the name’of the French who Hue there : So that his Matie hath a good right to New Scotland by discouery, by possession of bis Maties subjects, by removinge of the French, who had seated themselves at Port Royal, and by Monsr La Tour commandr of them there his turning Tenant and by the voluntarie hauing tenents of the rest to his Matie and that no obstacle might remaine the very Sauages by their Commissioner willingly offring their obedience vnto his Matie So that his Matie now is bound in honor to maintaine them, both in regard of his subjects that haue planted there upon his warrant and of the promises that he made to the Commissioner of the Natiues that came to him from them, as he promised to the Comissioners of the Natiues, And as all the subjects of his Matles ancient kingdome of Scotland did humbly entreat at their last Conuention, as may appeare by a letter to his Matie from his Counsel to that effect.

9 September 1630.

PETITION OF SIR WILLIAM ALEXANDER, CAPTAIN DAVID KIRKE, &c. February 26, 1631.

Petition of Sir Wil. Alexander, Capt. David Kirke, and Others, Adventurers in the Company of Canada, to the Admiralty. The King granted them commission some three years ago to plant colonies in the river of Canada, to displant those who were enemies in those lands, and to trade with the natives. Are informed that divers ships are bound thither, particularly the Whale of London, masters Richard Brewerton and Wolston Goslyn, contrary to that commission and greatly to the petitioners’ prejudice. Pray that such vessels may be stayed or sufficient assurance given that they will prosecute no such voyage. Underwritten is a refer ence to Sec. Dorchester to examine the parties, and if they have intention to go into those parts, to order that they be stayed as is desired,

PROPOSED WARRANT TO STAY CERTAIN SHIPS. February 29, 1631.

Warrant for the stay of certain ships bound to Canada contrary to a commission granted to Sir Will. Alexander, Jarvis Kirke, and others who have been at great charges in settling and maintaining a colony and fort within those bounds. (Endorsed by Sec. Dorchester). ” Conceit of a letter for hinderance of men going to Canada, desired by Sir Wm. Alexander.”

JUSTICES OF IRELAND. April 19, 1631.

[CHARLES R.]

Right, &c. Wheras our right trustie and weilbeloved the Lord Ochiltrie Our trustie and weilbeloved Counsellours Sir Peirce Corsbie and Sir Archibald Achiesone knyts and baronets and our trustie and weilbeloved Sir Walter Corsbie kny’ and baronet intent to plant a Colonie nearer vnto the river of Canada in America Becaus the purpois is honorabill and may conduce to the good of our service our speciall pleasur is that from tyine to tyme as they or any of them shall have occasion yow grant them Commissions and warrants requisit for transporting thither such persones as slialbe willing to be imployed in that plantation And that yow licence and caus licence them and such as shall have ther or any of ther warrants to transport provisions of victuall ordinance munition and all other necessaries whatsoever fitt for ther vse ffor doing wherof as these presents shalbe vnto yow a sufficient warrant so we will accompt your care in forthering of them as good and acceptable service done vnto ws. We bid you farewell. Whythall, 19 Aprill 1631.

TO THE COUNSELL. April 29, 1631.

[CHARLES R.]

Right, &c. Wheras yow hath recommended to our princelie care the advance ment and manteneing of the work of Plantation of New Scotland being lykwyso petitioned by our whole Estats convened for taking some course which might best tend for effectuating that interpryse And doing of our sclffes daylie more and more sensible how much the prosecution of it concerneth ws in honor and the state of that our antient kingdome many wayes in benefite, considering lykwyse the course which we had layd down for it in conferring a title of honor vpon some deserveing persones who should engadge themselffis for the advancement therof hath made but slow progress and that diwerse noblemen and others generouslie affect have contracted with our trustie and weilbelouit Sir Wm Alexander our Secretarie who is speciallie intrusted by ws to prosecute that work for the more speedie effectuating of our designe in it, the doeing whereof is very acceptable vnto ws Our pleasur is that yow mak choyse of a certane number amonges your selffis of such as haue alreadie testifeid ther ernest affection to the work by con tracting in that kynd with our said servand, that they may tak seriouslie vnto ther consideratiouns by what meanes our designes in this may be best accomplisched ; that being acquanted therwith we may by your advyse tak such further course as shalbe requisit ; ffor there shalbe nothing wanting in ws that may second so just desyres and honorabill designes : which earnestlie recommending vnto your care Wo bid yow farewell. Whythall, 29 Aprill 1631.

SIGNATURE OF COMMISSION FOR THE BARRONETTS. May 5, 1631.

These conteyne ane Ratificatioun of the two former Commissions of Barronetts and all Patents and Infeftments granted conforme thairto, preceiding the date heirof, with ane new commission gevin power to certane Commissioners above nominat or any fyve of them to receave resignation of lands lyand within the countrie of New Scotland, vpoun the resignation of your MateU Secretarie Sir William Alexander Lieutennent of Nova Scotia ; and to grant infeftments thairvpon of the saids lands to the persones in whois favours the samyne is made, togidder with the title and dignitie of Barronett : And also conteynes ane Ratificatioun of the Seall and Armes of New Scotland, with power to the saids Commissioners, with advyse of the said Sir William Alexander, to change the samyne : and last, conteynes ane Ratificatioun of ane warrant gevin by your Matie to the saids Barronetts for bearing and wearing of ane badge, and cognoscence, with a new warrant for bearing and wearing of the samyne in maner above specifeit, dischergeing the vse of the saids former commissions efter the date heirof; and this to indure without revoca tion ay and whill the full number of ANE HUNDRETH AND FYFTIE BARRONETTS be made and compleit. Greenwich, 5 May 1631.

WILLIAM CLAYBORNE : LICENCE TO TRAFFIC. May 15, 1631.

CHARLES be the Grace of God Ring of England Scotland France and Ireland Defender of the fayth, &c. Wheras our trustie and weilbeloved William Clayborne, one of our Counsall and Secretarie of state for our Colonie of Virginia, and some other Aduenturers with him, haue condescendit with our trustie and weilbeloved eounsellour Sir William Alexander kny* principall Secretarie of our kingdome of Scotland and others of our loveing subjects who haue charge of our Colonies of New

Scotland and New England to keep a course for interchange of trade amongst them as they shall have occasion as also to mak discovereis for increase of trade in these parts ; and because we doe verie much approve of all such worthie intentions and ar desyreous to give good encouragment to their proceidingis therin, being for the releiff and comfort of these our subjects and enlargment of our dominions, These ar to licence and authorize the said William Clayborne his associats and companie frielie without interruption from tyme to tyme to trade and traffique for corne furis or any vther commoditeis whatsoever with ther schips men boatts and merchandice, in all seas coasts rivers creiks herbereis landis territoreis in neir or about these parts of America for which ther is not alreadie a patent grantit to others for the whole trade And for that effect we requyre and command yow, and everie of yow, particularlie our trustie and weilbelovit Sir John Ilervie knyght governour and the rest of our Counsall of and for our Colonie of Virginia, to permitt and suffer him and them with ther saids schips boats merchandice and cattell mariners servandis and such as shall willinglie accompanie or be imployed by them from tyme to tyme frielie to repair and trade to and agree in all the aforsaids parts and places as they shall think fitt and ther occassins shall requyre, without any stop arreist search hinderance or molestation whatsoever as yow and everie of yow will answer the contrarie at your perrells, giueing and by these presents granting to the said William Clayborne full power to direct and governe correct and punish such of our subjects as shalbc vnder his command, in his waye and dis covereis And for your soe doing, these presents shalbe your sufficient warrant. Gevin at our manner at Greenwich the 16 of May 1631 the sevint year of our regne.

To our trustie and weilbeloved our Governour and Counsall of Virginia, To all our Livtennents of provinces and cuntreyis in America, gouernours and vthers haueing any charge of Coloneis of any of our subjects ther, and to all Captanes and Masters of schipps, and generallie to all our subjects whatsoever whom these presents doe or may concerne.

N. BRIOT: FARTHINGS COINING. June 30, 1631.

[CHARLES R.]

Wheras we have gevin ordour for coyncing a certane quantitie of copper into farthing tokens in our kingdome of Scotland and for performance of which work yow ar made choyse of These ar therfor to requyre and authorize yow to forge mak and grave or cause to be made and graved in our citie of London or elswher within this our kingdome of England, all kynds of instruments presses engynes yrones stampes coynes with all others provisions necessarie for the fabrication of the saidis farthings, to be delyvered by such as yow shall be directed by our trustie and weilbeloved Counsellour Sir Wm Alexander kny*, that they may be transported vnto our Mynt of our toun of Edinburgh Within our said kingdome of Scotland For doeing whairof as also for your owin repairing thither for setting vp and establishing the said work, these presents shalbe vnto yow a sufficient warrand. From our Court of Greenwich, the last of Junij 1631. To our trustie and weilbelovit Nicolas Briot Cheiff graver of our Mynt within our kingdome of England.

THESAURER AND DEPUTIE. July 4, 1631.

[CHARLES R.] Ju’y *•

Right, &c. Wheras ther hath bene a proposition made vnto ws for coyneing a quantitie of farthingis tokins within that our kingdome such as ar current heir and considering in regard of the scarcitie of money for the present ther, that some such kynd of coyne wer the more necessarie at this tyme for the vse of the meaner sort, and for the smaller sowmes ; yet becaus we desyre to proceid heirin as circumspectlie as can be both for the good of our owin subjects and that such correspondencie may be keipit heirin with our other kingdomes as in such caice is requisit Our pleasur is that haveing conferred with them who have the charge of our Mynt as lykwyse with the propounders of this course that yow mak the fayrest and best bargane yow can for our advantage and that yow sequester the moneyis arysing therby to be bestowed as yow shall have a particular warrant from ws for that effect. Greenwich, fourth July 1631.

PRECEPT TO THE THESAURER AND DEPUTY. July 10, 1631.

[CHARLES R.]

In regard of the good and faythfull service done vnto ws by Sir William Alex ander our Secretarie, it is Our pleasur that yow delyver vnto him for his vse all and whole the moneyis that doe or shall belong vnto ws (as feyis justlie due being defrayed) for our share by the coyneing of the farthing tokens or of any such copper coyne as yow shall think fitt to be coyned by vertew of our warrant sent vnto yow for that effect and that ye send vnto ws any further warrant that yow think necessarie heirin : ffor doeing wherof in dely verie the same to him by vertew of this warrant or for drawing vp of another these ar to secure yow as a sufficient discharge and warrant. Greenwich, 10 July 1631.

WARRANT TO SIR WILLIAM ALEXANDER. July 10, 1631.

[CHARLES R.]

Right, &c. Wheras ther is a finall agreement made betwixt ws and our good brother the French King, and that, amongst other particulariteis for perfecting heirof we haue condescendend that Port Royall shall be putt in the estate it was befor the beginning of the late warre, that no pairtie may have any advantage ther dureing the continuance of the same and without derogation to any preceiding right or title be vertew of any thing done other then or to be done by the doeing of that which we command at this tyme It is our will and pleasur and we command yow heirby that with all possible diligence yow give ordour to Sir George Home knyght or any vther haveing charge from yow ther, to demolisch the Fort which was builded by your Sone ther, and to remove all the people goods ordinance munition cattell and vther things belonging vnto that Colonie, leaveing the boundis altogidder waist and vnpeopled as it was at the tyme when your said Sone landed first to plant ther, by vertew of our commission, and this yow faill not to doe, as yow wilbe answerable vnto ws. Greenwich, 10 July 1631.

TO THE COUNSELL. July 12, 1631.

[CHARLES R.]

Right trustie and right weilbelouit Cousino and Counsellour, &c. Seeing we have sene, by a letter from yow, the ordour of Barronets erected by our late dear Father and ws, for furthering the Plantation of New Scotland, was approved by the whole Estats of our kingdome at the last Convention ; And that we vnderstand, both by ther reports that cam from thence, and by the sensible consideration and notice taken therof by our nyghbour cuntreyis, how well that work is begun, Our right trustie and weilbeloved counsellour Sir William Alexander our Leivtennent ther haueing fullie performed what was expected from him, for the benefite which was intendit for him by these Barronets, being verie dcsyreous that he should not suffer thcrin, bot that both he and others may be encouraged to prosecute the good begining that is made, as we hartelie thank all such as hath contribute ther ayde by contracting with him for advanccing of the said work alrcadie, Our pleasur is that yow seriouslie consider, cither amongst yow all, or by a Committie of such as ar best aifectionat towards that work, how it may be best brought to perfection ; for we are so far (whatever contraversie be about it) from quyting our title to New Scotland and Canada, that we wilbe verie carefull to mantcane all our good subjects who doe plant themselfSs there, and lett none of the Barronets anyway bo prejudged in the honour and priviledges conteynit in ther Patents, by punisching of all that dare to presume to wrong them therin, that others may be encouraged to tak the lyk course, as the more acceptable vnto ws and the nearer to a title of Nobilitie, whervnto that of Barronets is the next degrie : And if the said Sir William as our Livetennent of New Scotland shall convene the Barronetts to consult togidder concerneing that Plantation, we herby authorise him, and will yow to authorise him as far as is requisit for that effect, willing that Proclamatioun be made of what we haue signifeid, or of what yow shall determine for furthering that work, wherof we recomend the care to yow, as a matter importing speciallie our honor and the good of that our ancient kingdome. From our Mannour at Greenwiche, the twelfe day of July 1631.

PRO REGE GALLORUM. July 28, 1631.

CAROLUS Dei gratia Magnse Britanniae Franciae et Hibernise Rex fideique defensor etc. Omnibus hasce visuris salutem : Quandoquidem omnino justum sequum et bonum judicamus, vt jam tandem pax et concordia nuper inter nos et Regem Christianissimum, fratrem nostrum charissimum conclusa, pristinum vigorem et effectum recuperent, atque adeo omnes contraversiaa et difficultatcs quse hactenus hinc inde intercederunt inter nostra regna et subditos mutuo redintegrata et perfecta reconciliatione vtrinque removerantur et aboleantur, In quern finem nos inter alias conditiones ex nostra parte praestandas Consensimus desertionem facere fortalicii seu castri et habitationis Portus Regalis, vulgo Port Royall, in Nova Scotia, qui flagrante adhuc bello vigore diplomatis ceu commissionis sub regni Scotiae sigillo pro derelicto captus et occupatus fuerat, et illud tamen sine vllo prejudicio juris aut tituli nostri aut subditorum nostrorum inposterum : Nos promisserum atque verbi nostri Regii fidem quibuscunque contrariis rationibus et objectionibus hac super re illatis aut inferendis anteferentes, hisce literis asserimus et in verbo Regio promitti* raus nos praecepturos curatoros et effecturos vt a nostris in dicto fortalicio siue castro et habitatione Portus Regalis, vulgo Port Royall, subsistentibus subditis siue ceu milites prsesidialii siue ceu Colon! et Incolae ibidem morentur et habitentur immediate quam primum nostrae jussionis literae a deputatis vel commissariis qui easdem a prefato nostro fratre charissimo Rege Christianissimo, eo mandandi, habebunt efferendas ipsis erunt exhibitae et perlectaB, atque redeandi facultas data, dictum castrum seu fortaliciuui et habitatio in Portu Regali durantur deserentur, relinquanter, denique arma tormenta commeatus armenta bona et vtensilia inde asportentur In cujus rei testimonium has literas nostras manu nostra et magno regni nostri Scotiae sigillo signare et confirinare volumus : Quaa dabantur ex Palatio nostro Grenovici, die 28 mensis Julij Anno Domini 1631, et nostri regni septimo.

PROCLAMATIOUN ANENT BARONETTIS. July 28, 1631.

Apud Halyrudhous 28 Julij 1631.

Forsamekle as the order of Barronnets erected by our Souerane Lord and bis lait dear Father of blessed memorie for fordering the plantatioun of New Scotland wes approvin be the whole Estaits of this kingdome at the last Conventioun and his Majesties vnderstanding by many reports that come from hence, and by the sensible consideratioun and notice taken thairof by nighbour countreis how weill that work is begun, His Majesteis right traist cousine and counsellor the Viscount of Stirline his Majesteis lieutennent there haueing fullie performed what wes expected from him for the benefite whilk wes intendit by these Baronnets : And His Majestic being verie desirous that he sould not suffer thairin but that both he and others may be encouraged to prosecute the good beginning that is made His Majestie for this effect is so farre (what ever contraversie be anent it) from quitting his title to New Scotland and Cannada that his Majestie will be verie carefull to mainteane all his good subjects who doe plant thameselfes there and will lett none of the Baronnets be anie waye prejudged in the honnour and privilcdges conteanit in thair Patents, hot will punische all that darre presoome to wrong thame thairin, for encourageing of others to take the lyke course as the more acceptable to his Majestie and the nearer to anc title of nobilitie whairunto that of Baronnet is the nixt degree And Ordanis letters to be direct chargeing officiaris of armes to pas and make publicatioun heirof be opin proclamatioun at the Mcrcat Croces of the heid Burrowes of this kingdome and uther places neidfull, quhairthrow nane pretend ignorance of the same.

COMMISSION ANENT BARONNETS. July 28, 1631.

The Lords of Secreit Counsell for the better furderance and advancement of the plantatioun of New Scotland, Gives and grants Commission be thir presents to Thomas Erie of Hadinton Lord Privie Scale, George Erie of Wintoun, Alexander Erie of Linlithgow, Robert Lord Melvill, Johne Lord Tracquair, Archibald Lord Naper, David Bishop of Rosse, Sir Archibald Achesono Secretarie, Sir Johne Hamiltoun of Magdalens Clerk of Register, Sir Thomas Hope of Craighall knicht baronnet Advocat, Sir George Elphinstoun Justice Clerk, Sir Johne Scot of Scotistarvet, and Sir James Baillie, Or anie fyve of thame without excluding of anie others of the Counsell who sail be present To conveene and meit with William Viscount of Stirline and the Knights Baronnets at such tyme and place as the said Viscount of Stirline sail appoint And to conferre with thame upoun the best meanis

for the furdering of the said Plantatioun And to make and sett doun Overtures thereanent And to present and exhibit thame to the saids Lords to the intent they may allowe or rectifie the same as they sail thinke expedient.

Followes his Majesteis missive for Warrand of the Act aboue writtin.

CHARLES R.

Right trustie and right weilbelouit Cousine and Counsellour ….

From our Mannour at Greenwiche, the twelf day of Julij 1631.

TO THE THESAURER DEPUT. July 28, 1631.

[CHARLES R.] July 28.

Right, &c. Wheras we wer pleased in July last to send our right trustie, &c. the Viscount of Stirling our principall Secretarie for that our kingdome about bussines speciallie importing the good of our service, for which he had no allow ance of ws towards the defraying of his charges, and that now vpon the lyk reasone we have thoght good to send him bak agane It is our pleasur that vpon sight heirof yow pay vnto him the sowme of [blank in MS.~\ and the lyk sowme whensoever heirefter he by our speciall direction shalbe imployed by ws thither, out of the first readiest of our rents and casualiteis whatsumever. Greenwich, 28 July 1631.

N. BRIOTT. December 8, 1631.

[CHARLES R.] Decembers.

Wheras we have made choyse of our trustie and weilbeloved Nicolas Briott our cheiff graver of our Mynt of England for the coyneing of a certane quantitie of Copper Coyne, presentlie ordeaned by ws and our Counsall to be coyned in the Mynt of that our kingdome, for which vse we have expresslie directed him thither Our pleasur is, yow permitt him to sett vp and establish in the most convenient place of our said Mynt all engynes and tooles necessarie for that work, and to give vnto him or his deputeis all concurrence and assistance, till the said quantitie of copper be fullie coyned. Whythall, 8 December 1631.

TO THE COUNSELL. December 13, 1631.

[CHARLES R.] December 13.

Right, &c. Wheras vpon our pleasur formerlie signifeid vnto yow tuitching the Copper Coyne yow gave ordour for coyneing of fyftene hundreth stone wecht of copper vnto farthing tokens of the lyk weght and value as thay ar current in this kingdome Being now informed by our right, &c. the Viscount of Stirling our principall Secretarie ther that diverse of our loveing subjects conceave the division of the penney sterling formerlie vsed to be more convenient for exchange and reckonyng then the new division into four farthings and that (for avoiding the danger of counterfitting and for the more exactnesse of the impression) it is thoght fitt to mak the Copper money of a greater proportion of weght Our pleasur is that the said quantitic of Copper be coyned in severall spaces of penny two penny and four penny peices and that a fyftene part therof be coyned into pennyis weying eight granes the peice (being the weght formerlie allowed by yow to the farthings) and the remanent quantitie be equall division into two and four penny peeces of proportionable wcght to the penny causing distinguish them be ther bearing on the one syd the figure or number of ther value vnder ane impcriall Croun with our Inscription and on the vther the Thistle with the vsuall Motto and that ther be made of the said thrie peeces the said quantitie of Copper so ordeaned by yow to have bene coyned in farthings with what addition yow shall now or heirefter think fitt in regard of the alteration of the weght of the peices and as the necessitie of the Cuntrie shall requyre “Which Coyne we will to have course amongst our subjects for the vse of the poore and change of small commoditeis without any vther imposition in the payment of great sowmes then hath bene formerlie accustomed in the Copper Coyne of that our kingdome or shall from tyme to tyme seme expedient vnto yow And in regard of the necessitie of a speedie returne hither for occasion concerneing our service of Nicolas Bryot our cheiff graver of our Mynt heir whom we directit thither for coyneing these moneyia We speciallie recommend vnto yow that no farder delay be made in putting that work to perfection. Whythall, 13 December 1631.

TO THE COUNSELL. December 29, 1631.

[CHARLES R.]

Right, &c. Wheras vpon our pleasur formerlie signifeid vnto yow tuitching the Copper Coyne yow gave ordour for coyneing fyftene hundreth stane weght of Copper into farthing tokens of the lyk wcght and value as they ar current in this our kingdome being now informed by our right, &c. the Viscount of Stirling our principall Secretaric ther that diverse of our loveing subjects conceavc the division of the penny sterling, &c. [see above] as is forsaid in the vther letter.

VISCOUST STIRLING: SIGNATURE £10,000, &c. February 19, 1632.

[CHARLES R.]

Right, &c. Whcras we send hcirwith inclosed vnto yow a signature of Ten Thowsand pund sterling in favours of our right, &c. the Lord Viscount of Stirling to be past and cxped by yow vndcr our great Seall ; least any mistaking should ensue thervpon we have thought it good to declare vnto yow that (as it may appear by itselff) it is nowayes for quyting the title ryght or possession of New Scotland or of any part therof, hot onlie for satisfaction of the losses that the said Viscount hath by giveing ordour for removeing of his Colony at our express command for performeing of ane Article of the Treatie betwixt the French and ws, and We ar so far from abandoneing of that busines as We doe heirby requyre yow and everie one of yow to affoord your best help and encouragement for furthering of the same, cheiflie in perswading such to be Baronets as ar in qualitie fitt for that dignitie and come befor yow to seek for favour from ws : but remitting the maner to your own judgment and expecting your best endeavours heirin willing thir presents to be insert in your books of Excheker, and ane act made thervpon, We bid, &c. Whythall, 19 February 1632,

SIR WILLIAM ALEXANDER : LUBEC SHIP. March 3, 1632.

[CHARLES R.]

Right, &c. Wheras we are informed that ther is ane action in Law betweene Sir William Alexander kny* and some Citizens of Lubec depending befor you concerneing ane schip which they alledge to be wrongouslie takin from them and vnjustlie declared pryse by ane Court of Admiraltie ther, wheranent we directed our warrant to yow two yeres agoe at their desyre Notwithstanding wherof as we ar lykwyse informed they haue delayed till now to prosecute the same befor yow, thoght the said Sir William hath bene severall tymes present ther since that tyme Therfor in regard that his presence for his particular know ledge in that state of the bussines may conduce to the cleiring of it, and that he can not as yit repair thither for occasions speciallie concerning our service Our pleasur is, that all further proceiding therin be delayed till the first day of Janr* nixt insueing, that he may convenientlie attend the determination of the same : for doing wherof these presents salbe, &c. Newmerket, 3 March 1632.

SIR JAMES BALFOUR, LYON KING AT ARMES. March 15, 1632.

[CHARLES R.]

Trustie, &c. We haue bene latelie pleased to confer vpon our right, &c. Sir WILLIAM ALEXANDER kny* our principall Secretarie for Scotland the title of VISCOUNT STIRLING as ane degrie of honour which we have estemed due to his merite And to the effect ther be nothing wanting which is vsuall in this kynd that this our favour and the remembrance of his good and faythfull services done vnto ws may be in record Our pleasur is and We doe heirby requyre yow according to the dewtie of your place to marshall his Coate Armour alloweing it to him quartered with the Armes of Clan Allaster who hath acknowledged him for cheiff of ther familie, in whois armes according to the draught which we send yow heirwith, quartered with his coat, We ar willing to confirme them Requyreing yow to Register them accordinglie ; and we doe further allow to the said Viscount Stirling the armes of the countrie of New Scotland in ane inscutschione as in a badge of his endeavours in the interprysing of the work of that plantation which doe tend so much to our honour and the henefite of our subjects of that our kingdome : and with all to fitt his said Coat with a con venient crest and supporters such as may be acceptable vnto him ; ffor doeing whairof, and for registring of this warrand and his Coat in your registers for that purpois, or for drawing such farther warrant as shalbe requisit, these presents shalbe your warrant. Newmerket, 15 March 1632.

SIR HENRIE MARTEN : PRYSE OF A LUBEC SCHIP. May 29, 1632.

[CHARLES R.]

Trustie, &c. Wheras we have bene petitioned concerning a schip of Lubec that some yeres agoe was declared pryso in our Court of Admiralitie in Scotland, We ar desyreous befoir we giue any ordour therin to haue your opinion according to the cace which we send yow heirwith Therfor our pleasur is that yow pervse it and delyver vnto ws your opinion concerneing the same that we may be the better informed to giue such ordour as shalbe further requysite. Greenwich 29 May 1632.

RESTITUTION OF QUEBEC TO THE FRENCH. June 12, 1632.

CHARLES R.

Trusty & well beloved we greete you well, For so much as there is made a finall good agreem* betwixt vs & or brother, the French King, and that allwise as well betwixt or Crownes as subjects are settled by a mutuall & perfect accord, that amongst other particularityes on or side Wee hauo consented to the restitu tion of the fort & habitation of Kebeck in Canada, as taken by force of armes since the peace, howsoeuer the Commision were given out to you duringe the warre betwixt vs & the said King. Wee preferring the accomplishmnt of or Royal words & promises before all whatsocuer allegations may be made to the contrary in the behalfe, as wee haue obliged or selves to that King for the

due performance thereof by an act passed under the great Seale of this or Realme of England ; so Wee doe by these or letters straightly charge & comaund you, that vpon the first commodity of sending into these parts & meanes for yor people to returne yea we give notice & order to all such subjects of o” wh are under yor commission & government, as well folouers wch are in garrison in the forsayd fort & habitation of Kebec for defence thereof, as inhabitants wh are there seated & planted, to render according to “the said agreemnt, the said fort & habitation into the hands of such as shalbe by or sayd brother, the French King, appointed & authorised to comaund & receaue the same from them in the same state it was at the tyme of the taking, wthout demolishing any thing of the fortifications & buildings, w1* were erected at the tyme of the taking, or wthout carying away the armes, munitions, marchandises, or vtensills wch were then found therein. And yf anything hathe bene formerly caryed away from thence or pleasure is it shalbe restored eyther in specie or value, according to the quality of what hath bene made to appeare upon oath & was sett downe in a schedule made by mutuall consent of such as had cheife commaund on both sides at the taking & rendring thereof. And for soe doing these or letters shall not only serue for warrant, but likewise for such expresse signi fication of or will & pleasure that whosoeuer officer, soldier, or inhabitant, shall not readily obey, but shew himself cross or refractory thereunto, shall incurre or highest indignation, & such punishm”‘ and penalty as shalbe due unto oflfendo” of so high a nature. Given under or Signett at or Mannor of Greenwich the twelft of June in seaventh [eighth] yeare of or raygne. (In dorso.) To our trusty and wellbeloved Sir William

Alexander knight, Robert Charlton and William

Barkly our Commissioners for the Gulfe & River

of Canada and parts adjacent & to their partners

& Deputyes & all others whom it may concern.

SIR WILLIAM ALEXANDER : LUBEC SCHIP. June 14, 1632.

[CHARLES R.]

Right, &c. Haueing heard that there are some actions depending befoir yow for reduceing of decreits that wer gevin by our Admirall vpon pryse schippes dureing the tyme of the late warris, we ar confident that he hath not proceidit in any such processe but vpon verie just groundis and no decreit gevin by our Admirall of this our kingdome can be reduced befoir aney vther judge saue by such as ar especiallie appoynted by ws for that purpois and though we doe not intend to derogate from our Judicatorie in aney thing that is propper object thairof yet in regard that our right, &c. the Duke of Lennox our Admirall is absent for the present, and a minor of whome we have takin charge, and that we would not have any just caus gevin to discourage others heirefter to ondertak in our service in the lyk kynd when they shall sie these to suffer who efter sentence gevin in the ordinarie Court haue disposed of the goodis according thervnto We have thoght fitt to recommend vnto yow that yow proceid the more warelie in any action persewed befor yow of this nature that these our subjects who ar or shalbe interested in that kynd may find all the just favour and encouragement which the practeis of other nationes and the Lawis of that our kingdome may allow : which especiallie recommending vnto your care we bid, &c. Greenwich, 14 Junij 1632.

ADVOCATE: NEW SCOTLAND. June 14, 1632.

[CHARLES R.]

Trustie, £c. Wheras vpon the late Treatie betwixt ws and the French King we wer pleased to condescend, that the Colonie which was latelie planted at Port Royall, in New Scotland, should be for the present removed from thence, and have accordinglie gevin ordour to our right, &c. The Viscount of Stirling our principal! Secretarie for Scotland, altho, by all our severall ordours and directions concerneing that busines, we have ever expressed that we have no intention to quyt our right title to anie of these boundis, yet, in regard our meaneing per chance will not be sufficientlie vnderstude by these our loveing subjects who heirefter shall intend the advancement of that work, ffor tlier further satisfaction heirin we doe heirby rcquyr yow to draw vp a sufficient warrant for our hand to pas vnder our great seall, to our said Right, &c. the Viscount of Stirling to goo on in the said work whensoever he shall think fitting wherby for the encouragement of such as shall interest themselffis with him in it he may have full assurance from ws in verbo principle, that as we have never moaned to relinquish our title to any part of these cuntreyis which he hath by patents from ws, so we shall ever heirefter be readie by our gracious favour to protect him and all such as have or shall heirefter at aney tyme concurre with him, for the advancement of the plantations in these boundis forsaidis : And if at aney tyme heirefter by ordour from ws they shalbe forced to remove from the saidis boundis or aney part therof wher they shall happin to be planted, we shall fully satisfic them for all loss they shall susteano by aney such act or ordour from ws And for your soe doeing, &c. Greenwich, 14 Junij 1G32. The 20 of Junij a packet went to Scotland direct to Sir

Ar3 Achiesone, wherin ther was 5 Letteris of his

Matu To the Advocat, New Scotland : Session, Lubec

Schip: Exchequer, James Dowgles: Chancellour, Sir

Piers Corsbie : Counsell, Mr Ro’ Williamsone.

SIR WILLIAM ALEXANDER’S NOTE FOR NEW SCOTLAND. June 16, 1632.

A minute of some points considerable for his Majesties Service in regard of the French their possessing of New Scotland at this time.

The possessing of it by the French immediatelie vpon the late Treatie, though it bee not warranted by the Treatie, if some speidie act do not disproue it, will be held to be authorised by it.

The French pretend title to Virginia & New England as may appeare by their patent graunted to the Canada Companie of all Noua Francia from Florida to the North Pole, To be found in Mercure Frangoise anno 1627, which tytle may hereafter proue dangerous for his Maties subjects in these pairts if the French become stronge in New Scotland.

It is evident that the French haue a designe more than ordinarie herein for besides there plantacion in Canada for the which there is a reason apparent in the benefite of trade, they haue this yeare sent 300 men to New Scotland where no present benefite can possiblie redound to them in proportion to the charge they are at, and are the next yeare as I am crediblie informed, to sett out ten shippes with planters these that are interested in it haueing bound themselues to a yearlie supplie of a great nomber of planters, which is a certane proofe of some end greater then any persons expectation of proffeit can encourage them into.

This then future expectation in my judgement most consist in the use of wood, for building of shippes, and for haueing all materials requisite for shipping such as pitch, tarr, & roset, which are there in abundance, yron oare hath been lykeways formerlie discouered by the French themselues.

The building of shippes there and the imployment of them in fishing which aboundes vpon that coast especiallie Salt being to be made by the Sunne as in France lykelie to tend infinitlie to the iner case of shipping and of mariners, which apparentlie is the designe of the French besides that if the French doe once in a public and generall way enter to fish on that coast it can not but vndo the English trade that is by fishinge, sence the French haue Salt at an easier rate than the English, but more if they make salt in the countrie which I am confident they may do.

If his MaUe shalbe pleased to appoint some whom he shall thinke fitt for con sidering these things and the like that may be proponed there may perchance some thing be found expedient to be done either now or hereafter tending to the advancement of his Maties service in these pairts abroad.

These are only in all humble dutie without any priuat end to expresse what in the small experience I haue particularlie had herein I can conceaue may concerne the publick good.

LORD OCHILTREE’S CRIMINAL PROCESS. July 7, 1632.

CHARLES R.

Right trusty and right welbeloued Cousin and Counsellour Wee greate yow well Being informed that in regard the Lord Ochiltree is now vnder a criminall processe yow haue stopt the passing of a patent granted vnto him and Sir Peirs Crosbie and other their partners who had long since contracted with our right trustie and welbeloued Counsellour the Viscount of Sterlin for some landes in New Scotland And being willing to secure all such Vndertakers in that plan tation and to encourage them to prosecute their vndertakings for the good of our seruice, and encrease of our domyniones Wee for these respects and particularlie calling to mind the good services done vnto Vs by the said Sir Peirs, and conceauing good hopes of his future service in New Scotland are hereby pleased that the said patent be exped vnder our Greate Scale causing raze out the Lo. Ochiltrees name : Otherwayes (if yow find a nccessitie) that yow cause draw a patent of new for that purpose to be exped vnder our Cachett and Great Scale without passing other Scales or Registers, for which these shalbe suffi cient warrant Wee bid you farewell From our Manour of Greenewich the 7 of June 1632.

Apud Halyrudhouse 28 July 1632.

Presented read and ordayned to be rcgistrat, and the princ” to be given bak to My Lo. Chancellour, and ane Act conforme to the letter to be buiked.

HADINTON, I.P.D.

To our right trustie and right welbeloved Cousin and Counsellor the Viscount of Duplin our Chanceler of our kingdome of Scotland,

(In dorso.) His MaUes letter anent Sir Peirce Corsbie, buikit 28 July 1632.

TO THE BARRONETS. August 15, 1632.

[CHARLES R.]

Trustie, &c. Wheras our late dear father out of his pious zeall for the advance ment of religion in the remote parts of his dominions wher it had not bene formerlie knowen and out of his royall care for the honour and well of that our ancient kingdome was pleased to annex to the Croun therof the dominion of New Scotland in America that the vse of it might aryse to the bcnefite of that kingdome we being desyreous that the wished effects might follow by the continuance of so noble a designe wer pleased to confer particular marks of our favour vpon such as should voluntarlie contribute to the furtherance of a plantation to be estab-lisched in these boundis as appeared by our erecting of that order of baronetts wherwith yow ar dignifeid wherunto we hare ever since bene willing to add what further we conceaved to be necessarie for the testifeying our respect to these that ar alreadie interested and for encourageing of them who shall heirefter interest themselffis in the advancement of a work which we so reallie tender for the Glorie of God the honour of that nation and the benefite that is lyklie to flow from the right prosecution of it But in regard that notwithstanding the care and diligence of our Right, &c. the Viscount of Stirling whom we have from the beginning entrusted with the prosecution of this work, and of the great charges alreadie bestowed vpon it hath not takin the root which was expected partlie as we conceave by reasone of the incommoditeis ordinarlie incident to all new and remote beginnings, and partlie as we ar informed by want of the tymelie concurrance of a sufficient number to insist in it ; bot especiallie the Colonie being forced of late to remove for a tyme by meanes of a Treatie we have had with the French Thairfor We have takin into our royall consideratioun by what meanes agane may this work be establisched and conceaving that ther ar none of our subjects whom it concerneth so much in credit to be affectioned to the progres of it as these of your number for justefieing the groundis of our princelie favours which yow have receaved by a most honorabill and generous way we have thoght fitt to direct the bearer heirof Sir William Alexander kny* vnto yow who hath bene ane actor in the former proceidingis and hath sene the cuntrie and knowen the commoditeis thereof who will communicat vnto yow such propositions as may best serve for making the right vse heirefter of a plantation and trade in these boundis for encouraging such as shall adventure therein And we doubt not bot if yow find the groundis reasonable and fair yow will give your concurrance for the further pro secution of them And as We have alreadie gevin ordour to our Advocat for draw ing such warrandis to pass vnder our sealls ther wherby our loveing subjects may be fred from all misconstruction of our proceidingis with the French anent New Scotland and secured of our protection in tyme cuming in ther vndertakeris vnto it So we shalbe readie to contribute what we shall heirefter find we may justlie doe for the advancement of the work and the encouragement of all that shall joyne with yow to that purpois Which recommending vnto your care We bid yow fare well. Beawlie, 15 August 1632.

SIR PEIRCE CORSBIE : WARRANT FOR A SCHIP TO PASS. March 4, 1633.

[CHARLES R.]

Wheras the good schip called the of the burthen of is

to be sent out by Sir Peirce Corsbie knight and baronet, one of our privie coun-

sell of Irland, towardis America for setting of a Colonie ther according to such particular warrants as he hath from ws to that purpois These ar therfoir to will and requyre yow and euerie ane of yow to pcrmitt and suffer the said schip and her whole furniture goodis merchandice schips companie and planters quyetlie and peaciahlie in ther goeing thither returneing from thence or dureing ther being furth of any vther part whatsoever till they shal happin to returno to any of our dominions to pas by yow without any your lat stayis troubles imprests of ther men or any vther hindrance whatsoever whairof you shall not faill. Whythall, 4 March 1633.

To our trustie and weilbelovit The Officers of our Admiralitie the Captanes and Masters of our schips and to all vther officers and our loveing subjects whom these presents doe or may concerne.

TO SIR PEIRCE CORSBIE : COLONIE IN AMERICA. March 4, 1633.

[CHARLES R.]

Trustie, &c. Wheras we ar informed that yow ar goeing on in preparations for setting furth a Colonie to plant in America according to such warrants as yow have alreadie vnder our hand and which ar past vnder our great seall of our kingdome of Scotland, your endeavours heirin ar verie acceptable vnto ws And we doe heirby allow yow to proceid and for your further encouragement and all such as ar therin entrusted with yow we doe heirby assure yow that we shalbe euer readie to protect yow in this your vndertaking aganst all persones whatsumever, and as occasion shall offer we will giue yow such further testimonie of our favour as may stirr vp vthers to the lyk generous vndertakingis So recommending the serious prosecution of a work so much concerneing our service We bid, &c. Whythall, 4 March 1633.

COMMISSIONERS FOR THE PLANTATION OF NEW SCOTLAND. April 24, 1633.

[CHARLES R.]

Trustie, &c. Wheras our late dear Father for tho honour of that his ancient kingdome did grant the first Patent of New Scotland to the Viscouut of Stirling and was willing to conferr the title of Knyght Baronet on such of his weill deserv ing subjects as should contribute to the advancement of the work of the plantation in the said cuntrey we wer pleased to giue ordour for the effectuating of the same according to our Commission direct to yow for that purpois And vnderstanding perfectlie (as we doubt not is weill knowen vnto yow all) that the said Viscount did begin and prosecute a plantation in these parts with a far greater charge then could be suppleyed by the meanes forsaid And the rather in regard of the late discouragement of some by our commanding him to remove his Colonie from Port Royall for fulfilling the Articles of ane treattie betwixt our brother the French King and ws to mak everie thing betwixt ws be in the esteat wherin it was befor the warre hearing that ther was a rumour gevin out by some that we had totallie left our purpois to plant in that cuntrey as haveing surrendred our right therof Least any further mistakings should aryse heirvpon we thoght good heirby to clear our intention therin which is That our said Viscount with all such as shall adventure with him shall prosecute the said work and be encouraged by all lawfull helps thervnto alsweill by compleiting of the intendit number of Knyght Baronetts as other wayes And being informed that some of our subjects of good qualitie in this our kingdome and Ireland who have taken Land in New Scotland holdin from ws did accept of the said dignitie ther and more obliged to contri bute as much towardis the said Plantatioun as any vther in that kynd war putt to far greater charges at the passing of ther rights then the natives of the kingdome wer at in the lyk caice It is our pleasur that whosoever aney of our subjects of qualitie fitt for that dignitie within this our kingdome or of Ireland haveing takin landis holdin of ws in New Scotland And having agried with our said Vis count for ther part of a supplie towardis the said plantation and that it is signifeid so by him vnto yow that till the number of Barronettis formerlie condescendit vpon be compleit yow accept of them and giue ordour that ther Patents be passed at as easie a rate as if they wer naturall subjects of that our kingdome and this yow mak knowen to such persones and in such maner as yow in your judgments shall think fitt, for doing wharof, &c. Whythall, 24 Aprill 1633.

PATENT TO SIR WILLIAM ALEXANDER KNIGHT AND OTHERS. May 11, 1633.

for the sole trade in all & singular the Regions, Countreys Dominions & all places whatsoever adjacent to the River & Gulf of Canada, & the sole Traffick from thence and the places adjoyning, for beaver skins & wooll, and all other skins of wild beasts for 31 yeares. 9 Car.1

ACT XXVIII. RATIFICATION IN FAVOUR OF THE VISCOUNT OF STERLING. June 28, 1633.

of the infeftments and signature granted to him of the Dominions of New Scotland June ^ and Canada in America, and Priviledges therein contained, and of the dignity and order of Knight Baronets, and Act of Convention of Estates made thereanent.

Our Soveraigne Lord, and Estates of this present Parliament, Ratifie and approve all letters Patents, and Infeftments granted by King lames the Sixth of blessed rnemorie, or by our said Soveraigne Lord, unto William Viscount of Ster ling, and to his heires and assignes of the Territories and Dominions of new Scot land and Canada in America ; and especially the Patent, Charter, and Infeftment granted by his Majesties umwhile dearest Father of worthie memorie, of new Scotland, of the date the tenth day of September, the yeare of God 1621.1 Item, another charter of the same, granted by his Majestic, under the great Scale, of the date the twelfth day of July, 1625 years.2 Item, another Charter and infeftment granted by his M0e of the Countrie and Dominion of new Scotland under the great Scale, of the date the third day of May, 1627 yeares.3 Item, another Charter and Infeftment granted by his Majestic under the great Scale, of the River and gulf of Canada, bounds, and priviledges thereof, mentioned in the said Patent, of the date the second day of Februarie, 1628 years.4 Item, a Signature past under his Majesties hand of the said Countrie and Dominion, which is to be with all diligence exped through the Scales, of the date at Whitehall the twenty fourth day of Aprill, 1633 years.6 With all liberties, priviledges, honours, juris dictions, and dignities respective therein mentioned. Together also with all exe cution, precepts, instruments of seasings, and seasings following, or that shall happen to follow thereupon. And also ratifies and approves the Act of general Convention of Estates ; at Holy- rude-house, the sixth day of July, the year of God 1630.6 Whereby the said Estates have ratified & approved the dignities & order of Knight Baronet ; With all the Acts of Secret Counsell, and Proclamations following thereupon, made for maintaining of the said dignitie, place and precedencie thereof. And his Majestic and Estates foresaid, will, statute, and ordaine, that the said letters Patents, Charters, and Infeftments; and the said dignitie, title, and order of Baronets, and all letters patents and infeftments of Lands, and dignities granted therewith, to any person whatsoever, shall stand and continue in full force ; with all liberties, priviledges and precedencies thereof, according to the tenour of the same. And in als ample manor as if the bodies of the said letters patents, infeftments, and signature above mentioned were herein particu larly ingrost and exprest. And ordaine intimation to be made hereof by open proclamation to all his Majesties lieges, at the market crossc of Edinburgh, and other places needfull, that none pretend ignorance hereof.

TO THE COUNSELL AND COMMISSIONERS APPOYNTED FOR 1633. PASSING THE PATENTS OF KNIGHT BARRONETS, AND INFEFTMENTS OF LANDS IN NEW SCOTLAND. Septmeber 27, 1633.

A Letter concerneing New Scotland was past 27 September 1633, verbatim, lyk vnto that which was past 24 Aprill 1633

TO THE COUNSELL. September 27, 1633.

[CHARLES Pi.] September 27.

Right trustie and right weilbelouit Cousine and Counseller, right trustie and weelbelouit Cousines and Counsellors, trustie and weilbelouit Counsellors, and trustie and weilbelouit We greit you weill Whereas our lait deir Father for the honnour of that his ancient Kingdome did grant the first patent of New Scotland to our right trustie and right weilbelouit Cousine and Counsel ler Williame Erie of Stirline, and wes willing to conferre the title of Knight Baronnet on suche of his weill deserving subjects as sould contribute to the ad vancement of the worke of the plantation in the said countrie We wer pleased to giue order for effectuating of the same, according to our commissioun directed to you for that purpose And understanding perfytelie (as We doubt not bot is weill knowne to yow all) that the said Erie did begin and prosecute a Plantation in these parts with a farre greater charge than could be supplied by the meanes foresaid, and the rather in regarde of the late discouragement of some by our com manding him to remove his colonie frome Port Royall for fulfilling of ane article of the Treatie betuix Our Brother the Frenche King and Ws, To make everie thing betuix Ws be in the estait wherein it wes before the warre, hearing that there wes a rumour givin out by some that We had totallie left our purpose to plant in that Countrie as having surrendered our right thereof, least anie further mistaking sould arise heerupon Wee thought good heerby to cleere our intentioun therein : Whiche is, That our said Erie with all suche as sail adventure with him sail prosecute the said worke and be encouraged by all lawfull helpes thereunto als weill by compleitting of the intended nomber of Knights Baronnets as otherwayes And being informed that some of our subjects of good qualitie in this our Kingdome and Ireland, who having takiu land in New Scotland haldin frome ws did accept of the said dignitie there and wes obliged to contribute als muche to ward the said Plantation as anie other in that kynde wes putt to greater charges in passing of thair ryghts than the natives of this kingdome wer in the like caise It is Our pleasure that whensoever anie of our subjects of qualitie fitt for that dignitie within this Our kingdome or of Ireland having takin lands holdin of Ws in New Scotland, and having agreed with our said Erie for thair part of a supplee toward the said Plantation, and that it is signified so by him vnto yow That till the nomber of Baronnets formerlie condescended vpon be compleit yow accept of thame and give order that thair Patents be past at als easie a rate as if they wer naturall subjects of that Our kingdorae And this yow [sail] make knowne to suche persons and in suche maner as yow sail in your judgements thinke fitt for doing whairof these presents sail be your sufficient warrand. Frome Our Court at S’ James the 27 of September 1633.

THE EARL OF STIRLING. October 18, 1633.

[CHARLES R.]

It is our pleasur that yow examyne what part of the moneyis due by ws vnto our right, &c. the Earle of Stirling hath bene payed vnto him, and the accompt of the Copper Coyn being dewlie made, that yow certifie what is lyklie entend vnto for his vse that ane vther course may be takin for his payment wher it may not by that meanes be due And if he cannot be convenientlie payed at this tyme nor particular assignement be made vnto him for the same, lest his creditours at this tyme mistrusting our intention to pay him may persew him or your frendis whom we vndorstand to be bund as sureties for him : It is our pleasur to the effect he may not suffer for so much as is due by ws yow certifie ws what course ye think best for the tyme ather for payment of the principall to his creditours or of some part therof, and that yow tak such course as yow shall think best to satisfie them for ther forbearing the same that they may not charge him till we appoynt his payment some other way which We warrand yow heirby to allow out of the benefite arrysing out of the Copper Coyne that he may reap the benefite We intend for him according to our warrand : for doeing whairof, &c. Whythall, 18 October 1633.

ANENT NEW SCOTLAND. February 15, 1634.

Apud Edinburgh 15 February 1634.

Forsamekle as his Majesteis laite deir Father of blessed memorie for the honnour of this his ancient kingdome of Scotland did grant the first patent of New Scot land to his Majesteis right traist cousine and counsellour Williame Erie of Stirline and wcs willing to conferre the title of Knight Barronet upon suche of his weill deserving subjects as sould contribute to the advancement of the worke of Planta-

tion in the said countrie His Majestie wes pleased to give order for effectuating of the same, according to his commission directed to the Lords of Privie Counsell for that purpose And His Majestie understanding perfytelie that the said Earle did begin and prosecute a Plantation in these parts with a faire greater charge than could be supplied by the means forsaid and the rather in regard of the late dis couragement of some by His Majestie commanding the said Erie to remove the Colonie from Port Royall for fulfilling of ane article of the Treatie betuix His Majestie and his Brother the Frenche King to make everiething betuix thame to be in the estait wherein it wes befoir the warre, hearing that there wes a rumour given out by some that His Majestie had totallie left his purpose to plant in that countrie as having surrendered his right thairof And thairfoir least anie further mistaking sould arise heerupon His Majestie hes thought good heirby to cleere his intention heerin, which is, that the said Erie with all suche as sail adventure with him sail prosecute the said worke and be encouraged by all lawfull helpes there unto als weill by compleating the intended nomber of Barronets as otherwayes And whereas some of the subjects of the Kingdome of England and Ireland of good qualitie who having takin land in New Scotland haldin of his Majestie did accept of the said dignitie ther and wes obliged to contribute als much toward the said Plantation as anie others in that kynde, wes putt to greater charges at the passing of thair rights than the natives of this Kingdome wer at in the like caises Thairfor His Majestie hes thought meet heirby to declare His Royall will and pleasure that whensoever anie of His Majesteis subjects of qualitie fitt for that dignitie within the Kingdoms of England or Ireland having takin land haldin of his Majestie in New Scotland and having agreed with the said Erie for part of a supplee towards the said Plantation, and that it is signified so by him to the saids Lords of Privie Counsell That till the nomber of Baronnets formerlie condescended upon be compleit the saids Lords sail accept of thame and give order that thair patents be past at als easie a rate as if they wer naturall borne subjects of this kingdome And the saids Lords Ordanis letters to be direct chargeing Officers of armes to pas and make publication hereof be open proclamation at the inercat croces of the heid burrowes of this kingdome and others places neidfull Wherethrow nane pretend ignorance of the same.

Followes his Majesteis missive for warrand of the Act aboue writtin. Right trustie and right weilbulouit, &c.

From our Court at St James, the 27 of September 1633.

ACCEPTATION OF A COMMISSION FOR PASSING INFEFTMENTS OF NEW SCOTLAND. February 15, 1634.

Apud Edinburgh 15 February 1634.

The wliilk day, George Erie of Kinnoull Lord High Chancellor William Erie of Morton Lord High Thesaurer and Thomas Erie of Hadingtoun Lord Privie Scale of this Kingdome WTilliam Erie Marishell Robert Erie of Roxburgh Johne Erie of Annerdaill Sir Johne Hay Clerk of His Majesteis Registers and Sir Thomas Hope of Craighall His Majesteis Advocat accepted upon thame the Commission granted vnto thame vnder His Majesteis Great Scale, dated at Theobalds, 14 Septembris 1633, for passing of Infeftments of New Scotland.

SIR ROBERT FILIBERT’S WARRANT. March 18, 1634.

[CHARLES R.]

Trustie, &c. Wheras we ar informed by our right trustie the Erie of Stirling our principall Secretarie for Scotland that yow ar goeing in a course with him towards the advancement of the work of the Plantatioun of New Scotland the good whairof we exceidinglie tender we cannot bot approve of your affection in this as in your other former publict vndertakings for the good of our servise, and as we ar willing to naturalise yow in that our kingdome of Scotland, and to conferre vpon yow the lyk honors and priviledges as vther Knyght Barronetts vndertakeris in the forsaid Plantation doe enjoy, so we shalbe euer readie to encourage yow and all vthers that shall tak the lyk courses with further testimonie of our gratious favour as occasion shall offer. Newmerket, 18 March 1634.

TO THE THESAURER AND DEPUTIE. September 18, 1634.

[CHARLES R.]

Right, &c. Wheras in consideratioun of a precept of 6000 lib Stg. granted be our late dear Father to our right trustie and weilbeloved Cousen and Counsellour the Erie of Stirling our principall Secretarie for Scotland for good and faythfull service done by him and of a warrant of Ten Thowsand punds granted by ws vnto him vpon verie good considerations as may appear by the same, We wer pleased to grant vnto him the benefite arysing by the coynage of the Copper money within that our kingdome for the space of nyne yeres and furder till he should be compleitlie payed of all sowmes whatsumever due by ws vnto him : Now to the effect our said servant may have the more assurance to mak bargane with others anent the said benefite for his releiff, and that ther may be a certane tyme appoynted for his payment, and for our haveing the benefite of the said Coyne to returne vnto \vs We doe heirby ratifie vnto him his grant of the whole benefite arysing dew vnto ws of that Copper Coyneage during the tyme yit to rin of that his patent And it is our speciall pleasur that yow grant a warrant such as shalbe requisite of Coynadge of sex thowsand stane weght of Copper without intromission immediatlie efter the ending of the Coynadge of 1500 staine weght presentlie in hand and for continewing of the Coynadge efter the full perfyteing of the said 6000 stane from yeir to yeir for the accustomed quantitie as we coyned these two yeires past and that dureing the whole tyme yit to rin of his patent if ther sail any of it remane efter the full perfyteing of the Coynadge of the 6000 stane And that yow give ordour to our Advocat for drawing vp a sufficient discharge of the saids two pre cepts to be signed by our said servant with a discharge to him from ws of his intromission with any benefite arysing with the Coynadge dureing the tyme past or to cum of his patent (of the which we doe lykwayes heirby discharge him) and that without any accompt to be made vnto ws or any in our name for the same in regard of his discharge of his saids two precepts And caus registrat this our letter and mak such farder in Counsell & Exchequer as may be most expedient for the farder securitie and satisfaction of our said servant of such as he shall have occasion to treat or bargane with for making the best advantage of this our gratious intention towards him for doeing wherof ther presents shalbe vnto yow ane sufficient warrant. Theobalds, 18 September 1634.

LORD ALEXANDER, SESSIONER. December 20, 1634.

[CHARLES R.] December20.

Right, &c. It being fitt and necessarie for the good of our service that the extraordinarie place in our Session appoynted for our right, &c. the Erie of Stirling our Secretarie for that our kingdome (who necessarlie most attend our service about our persone) be supplied in his absence and vnderstanding the abiliteis and affection to our service of our right trustie and weilbeloved Counsellour the Lord Alexander whom we hold fitt to supplie that place and charge It is our pleasur that haveing administred vnto him the oath accustomed in the lyk caices yow admitt him to the said Extraordinarie place in Session1 and that he enjoy all the priviledges and liberteis belonging thervnto for which these presents shalbe your warrant. Hampton Court, 20 December 1634.

TO SIR FERDINANDO GEORGE [GORGES] KNIGHT. January 5, 1634-5

[CHARLES R.]

Trustie, &c. Haveing fund it of late necessarie that some good course be established for right prosecution of the work of the Plantation of New Scotland in such kynd as may be most for the advancement thairof and the encouragment of such as vndertak therin And haveing (in regard of your affection and long endeavours in that work from the beginning, and your experience therin) bene pleased to mak choyse of yow for vndertaking the chieff charge in manageing of such things as shalbe for the good of that cuntrie and the governement to be establisched therin, We have thoght good at this tyme to requyre yow so soone as yow can convenentlie to repair to our Court that We may have your opinion and yow receave our direction in such things We shalbe pleased to requyre and appoynt tuitching this bussines. Whythall, 5 January 1634 stylo Anglicano.

COMMISSIONERS FOR SURRENDERS. January 9, 1635.

His Majestic was pleased, by a Letter of his Heynes to his Commissioncris for Surrenders, vpon the 9 January 1G35 to requyre them to admitt the Lord Alexander to be ane of their number.

TO SIR JAMES BALFOUR. January 28, 1635.

[CHARLES R ]

Trustie, &c. Wheras we did formerlie signifie our pleasur vnto yow that our right trustie, &c. the Erie of Stirling our Secretarie for Scotland should haue the Armes of New Scotland in ane Inscutchion with lu’s owin paternall coat and that other coat (which we lykwayes allow him to bear for reasones signifeid at that tyme vnto yow as by our letter may particularlie appear) now considering that he hath in particular and singular maner deserved the said augmentatioun of the Armes of New Scotland and to the effect he may bear it in a way propper vnto him selff and different to all others who ar authorized for bearing of it we ar pleased to allow it vnto him to be quartered in the first quarter with his other coats and thairfor it is our pleasur that yow draw such further warrant for this purpois as shalbe expedient and withall that yow register this our letter in your Books of Office to remane therin according to the custome in the lyk kynd to the effect no other may tak vpon them to bear the said agumentatioun in this maner to the prejudice of the gracious favour which AVe doe heirin intend to him alone ffor the which these presents, &c. Whythall, 28 January 1635.

COMMISSIONERS FOR PLANTATIONS. January 29, 1634-5

Att a Meeting, att the Lord Gorges’ House in St Martin’s Lane, January 29 1634 — Present, Lord Maltreuers, Ld Gorges, Sr Ferd. Gorges, Capt. John Mason. This day the Earle of Stirling and the Lord Alexander were receaved into the New England Company as Councellours and Patentees.

Moreover it was ordd att the same Meeting, that the Duke of Lenox, the Mar ques of Hamilton, and the Earle of Carlisle (being admitted of the Councill before tliis booke was received from Mr Dickenson Clerke of the Councell of State [and agent ?] of the Lord Commissioners for the Plantations.) should be registered here as Pattentees and Councellours of the New England Company.

COUNCIL FOR NEW ENGLAND : GRANT OF LAND TO WILLIAM, LORD ALEXANDER. April 22, 1635.

Grant of the Council for New England to William Lord Alexander, of all that part of the main land in New England from St Croix, adjoining New Scot land, along the sea coast to Pemaquid, and so up the river to the Kinebequi [Kenebeck] to be henceforth called the County of Canada; also the island of Matowack, or Long Island, to the west of Cape Cod, to be hereafter called the Isle of Sterling ; to be holden of the Council and their successors, per Oladium Comitatus, that is to say, to find four able men, armed for war, to attend upon the Governor of New England for the public service, within fourteen days after warning given. [Copy on parchment.]

To all Christian people vnto whom theis presents shall come The Councell for the Affaires of New England send greetinge in our Lord God everlastinge. Whereas our late Souraigne Lord Kinge James of blessed memory by his highnes Letters Patente vnder the greate scale of England, bearing date att Westminster the Thirde daye of November in the eighteenth yeare of his Maties raigne ouer his highnes Realme of England, for the consideration in the said Letters Patente expressed and declared hath absolutely given graunted and confirmed vnto the said Counsell and theire successors for euer all the lands of Newe England in America lyinge and beinge in breadth from fortie degrees of Northerly latitude from the Equinoctiall lyne to fortie eight degrees of the said Northerly latitude inclusivelie and in length of and within all the breadth aforesaid throughout the maine land from Sea to Sea. Together alsoe with all the ffirme lands, soyles, grounde, havons, ports, rivers, waters, fishinge, mynes, and mineralls, as well Royall mynes of Gold & Silver as other mynes and mineralls pretious stones quarries and all and singular other commodities jurisdictions royalties previledges, ffranchises, and preheminences both within the said tracte of land vppon the Maine and alsoe within the Islands and Seas adjoininge (as by the said Letters Patents amongst diuers other things therein conteyned more att large it doth and may appeare) Now Knowe all men by these presents that the said Counsell of New England in America beinge assembled in publique Courte, accordinge to an acte made and agreed vppon the thirde day of ffebruary last past before the date of theis presents for diuers good causes and consideracions them herevnto especially moveinge have given, graunted, aliened, bargayned, and sold And in and by theis presents doe for them and theire Successors give, graunt alien bargaine sell and confirme vnto the right honorable William Lord Alexander his heires and assignes, All that part of the Maine Land of Newe England aforesaid beginninge, from a certaine place called or knowne by the name of Saint Croix next adjoininge to New Scot land in America aforesaid and from thence cxtendinge alongc the sea coast vnto a certaine place called Pemaquid, and soe vpp the River thereof to the furthest head of the same as it tendeth Northwarde and cxtendinge from thence att the nearest vnto the River of Kinebequi and soe upwards alonge by the shortest course which tendeth vnto the River of Canada ffroin henceforth to be called and knowne by the name of the Countie of Canada. And allsoc all that Island or Islands heretofore comonly called by the severall name or names of Matowack or Longe Island and hereafter to be called by the name of the Isle of Starlinge situate lyinge and beinge to the westward of Cape Codd or the Narohiganlets within the latitude of ffortic or fortie one degrees or thereabouts abuttinge vpon the Maineland betweene the two Rivers there knowne by the severall names of Conectecutt and Hudsons River and conteyninge in length from East to West the whole length of the Sea Coast there betweene the said two Rivers. Together with all and singular havens, harbours creekes, and Islands, imbayed and all Islands and Iletts lyinge within ffivo leagues distance of the Maine beinge opposite and abuttinge vpon the premises or any part thereof not formerly lawfully graunted to any by speciall name And all mynes mineralls quarries, soyles and woods, marishes, rivers, waters, lakes, ffishings, hawkinge, huntingc and ffowlinge and all other Royalties Jurisdiccions, priviledges, prehementes, proffitts, commodities and hereditaments whatsoeuer with all and singular there and cuery of theire appurtenentes. And together alsoe with fill Rents reserucd and the benefitt of all pro ffitts due to them the said Counsell and their Successors and precincts aforesaid to be exercised and executed accordinge to the Lawes of England as neere as may be by the said William Lord Alexander his heires or assignes or his or theire

Deputies Lieutenents, Judges, Stewards, or officers therevnto by him or them or theire assignes deputed or appointed from time to time with all other priviledges, franchises, liberties, immunities, escheates, and casualties thereof arriseing or which shall or may hereafter arise within the said limitte and precincts, with all theire intrest right title claime and demand whatsoever, which the said Councell and there successors, now of right have or ought to have or claime or may haue or acquire hereafter in or to the said portion of Lands or Islands, or any the premises and in as free ample large and beneficiall manner to all intents constructions and purposes what so euer as the said Councell by vertue of his Mateia said Letters Patent may or can graunt the same : Saucing and allwayes reseruinge vnto the said Councell and there Successors power to receaue heare and determine all and singular appeale and appeales of euery person and persons whatsoeuer dwellinge or inhabitinge within the said Territories and Islands or any part thereof soe graunted as aforesaid of and from all judgements and sentences whatsoeuer given within the said lands and Territories aforesaid To haue and to holde all and singular the lands and premises aboue by theis presents graunted (excepte before excepted) with all and all manner of proffitts commodities and hereditaments what soeuer within the lands and precincts aforesaid to the said lands, Islands and pre mises or any of them in any wise belonginge or apperteyninge vnto the said William Lord Alexander his heires and assignes To the only proper use and behoofe of him the said William Lord Alexander his heires and assignes for euer To be holden of the said Councell and theire successors, per Gladium Comitatus, that is to say by findeinge foure able men conveniently armed and arrayed for the warre to attend vppon the Governor of New England for the publique seruice within ffourteene dayes after any warninge given ; yieldinge and payinge vnto the

said Councell and theire Successors for euer one fift part of all the

are of the mynes of gold and silver which shalbe had possessed or obteyned within the limitte or precincts aforesaid for all rents seruices dueties and demaunds what soeuer due vnto the said Councell and their successors from plantacion within the precincts aforesaid The same to be deliuered vnto his Ma”88 Receiver or deputie

or deputies Assignes to the use of

his Maj’s his heires and successors from the Lands precincts

and Territories of New England aforesaid

the two and twentie day of [Aprill 1635] and llth yeare of the Raigne.

ANENT KNIGHTING OF BARONNETS SONNES. June 16, 1636.

Apud Edinburgh 16 Junij 1636.

Forsamekle as the Kings Majestic having formerlie upon verie good considera

tions both for freithing his Matie fromc truble and saving of the parties whome it concernes frome charges Give warrand and direction to his MateU Chancellor for the time being That the eldest sonnes of all Baronnets being of the age of 21 yeeres sould be knighted whensoever thay sould desire the same according to tliair patents under the Great Seale And his Ma”8 being yett willing upon the same consideratiouns that the said course be continued His Majestic for this effect hes gevin warrand to the Lord High Chancellor of this kingdome to knight the eldest sonnes of all and everie ane of suche Baronnets who being of the perfyte age of 21 years compleit sail desire the same without putting thame to anie charges and expensses As in the said warrant presentit and cxhibito this day be fore the Lords of Secreit Counsell at lenth is contcanit Quhilk being read heard and considderit be the saids Lords and thay with all humble and dewtifull respect acknowledgeing his Majesteis gratious will and pleasure in this mater They ordaine the said warrand to be insert and registrat in the bookes of Priuic Coun sell and to haue the force of ane act of Counsell in time comming To the end the said Lord Chancellor may knight the saids eldest sonnes of all Baronnetts without forder warrand and that all whome it may concerne may take notice of his Majes teis Royall pleasure heerin and ordanis letters to be direct to make publication heirof wherthrow nane pretend ignorance of the same.

Followes His Majesteis missive for warrand of the Act foresaid.

May 10, 1636.

CHARLES R.

Right Reverend Father in God Wo greit you weill Whereas We wer pleased by our letter unto our lait Chancellor to give power unto him or anie other for the time being that the eldest sonnes of all Baronnetts might be knighted being of the perfyte age of 21 yeeres whensoever they sould desire the same according to thair patents under our Great Seale both for freing Ws from trouble and saving thame frome charges whiche thair repairing hither for that purpose might procure and now being willing upon the like consideration that the same sould be continued We have thought fitt heirby to renew our pleasure unto yow for that effect and thairfoir We will that yow knight the eldest sonnes of all and euerie one of suche Baronnetts who being of the perfyte age of twenty-one yeeres sould desire the same, without putting thame to anie charges or expensses And Our further plea sure is that yow make ane Act of Counsell heirupon That your successors in your charge of Lord Chancellor doe the same without anie further warrand and that all others whome it may concerne may take notice of our Royall pleasure heerin for doing whairof these presents sail be your warrand We bid you farewell Frome our Courte at Whitehall, the 10 of Maye 1636

Laing, David, editor. Royal letters, charters, and tracts, relating to the colonization of New Scotland, and the institution of the Order of knight baronets of Nova Scotia. -1638. [Edinburgh Printed by G. Robb, 1867] https://archive.org/details/royallettersc11400lainuoft

The fascinating paper traces the constitutional evolution of Nova Scotia, particularly focusing on the role and eventual abolition of its Legislative Council. Established in 1719, the Council initially held executive, legislative, and judicial powers. However, reforms in 1838 separated it into Executive and Legislative Councils. Over time, the Legislative Council became viewed as antiquated, especially post-Confederation when its role diminished due to the Dominion Parliament’s authority over critical matters.

Unlike other provinces, Nova Scotia struggled to abolish its Legislative Council. Attempts were made between 1879 and 1928, led by both Conservatives and Liberals. Premier William Stevens Fielding even appealed to the Queen and Westminster for constitutional amendments. However, Westminster’s refusal and internal disputes prolonged the Council’s existence.

Scholarly research on the Legislative Council is limited, with primary sources such as Assembly and Council debates only available up to the mid-1920s. This lack of documentation complicates understanding the Council’s history. Additionally, crucial records from the Office of the Attorney General are missing, further hindering research efforts.

The Nova Scotian constitution relied heavily on royal prerogative, with the Legislative Council’s structure evolving over time through various commissions and instructions. Despite reforms, recruiting and retaining members remained challenging due to unpaid positions and vague tenure rules.

A significant reform occurred in 1925, limiting Councillors’ tenure and setting an age limit. Premier Armstrong’s bill aimed to modernize the Council, but it faced opposition from other parties, leading to heated debates.

The Supreme Court’s decision in 1926 regarding the Council’s constitution was inconclusive, prompting Premier Rhodes to appeal to the Judicial Committee of the Privy Council. The Privy Council’s ruling in 1927 validated the Lieutenant-Governor’s power to abolish the Council, ending its existence.

The text highlights the complexities of Nova Scotia’s constitutional history and the challenges in understanding and documenting its evolution. Premier Rhodes’s determined efforts ultimately led to the Legislative Council’s demise, challenging long-held constitutional conventions in the process.

“From the origins of British government in Nova Scotia, there had been a council. The first, established in 1719, combined the roles of cabinet, court of appeal, and upper house of the provincial Legislature. Known simply as the Council or the Council of Twelve (for the twelve members of which it was customarily composed), it came under increasing attack. In 1838, the British Government, finally giving in to popular demands for reform, split the Council of Twelve into separate Executive and Legislative Councils (the judicial functions having for the most part earlier been transferred to the Supreme Court of Nova Scotia). Although the Legislative Council was initially accepted as an integral component of Nova Scotia government, as decades passed it came to be seen as increasingly antiquated and unnecessary, especially after Confederation transferred many of the most important (and controversial) concerns to the Dominion Parliament. While an appointed upper house might have served an important role when the Nova Scotia Legislature had to face questions of international trade, national defence, criminal justice, and navigation, it seemed an extravagance when the Legislature’s jurisdiction had been circumscribed to matters such as education, public health, and management of public lands.”

“While other Canadian provinces had also had Legislative Councils, none found it as difficult to achieve abolition. New Brunswick’s Legislative Council was abolished within the ten years of the Andrew Blair administration (1882-1892) after Blair decided to delay any appointments to the Council until a majority of pro-abolition members could be named all at once. Prince Edward Island, which had experimented with an elective Legislative Council, merged the two houses of its legislature in 1893, with half elected as assemblymen (by the electorate at large) and half councillors (by landowners). Manitoba’s Legislative Council, which had existed for only a brief six years, was abolished in 1876 after the Dominion government refused to subsidize the province unless it cut expenditures, the majority of which were spent on maintaining the Legislature. The Legislative Council of Québec, which survived forty years longer than Nova Scotia’s, did not come under serious critique until the Quiet Revolution of the 1960s; although it initially refused to abolish itself and the provincial government petitioned Westminster to amend the British North America Act to remove the upper house, the Council ultimately agreed when the the Union Nationale government offered to pay annual pensions to the councillors. Other provinces lost their Legislative Councils at the same time as broader constitutional changes: the Colony of Vancouver Island lost its Council during its merger with mainland British Columbia; Ontario was created without a Council, though it had previously had one as part of the Province of Canada; and Newfoundland, which had a Council prior to the suspension of responsible government in 1933, lost it upon joining Canada in 1949. Nova Scotia, however, was different. For the better part of half a century, from 1879 to 1928, the Province sought to abolish its Legislative Council without success, with only a brief period of quiescence in the first decade of the Twentieth Century. Initially championed by Conservatives, Liberals soon jumped onto the abolition bandwagon, with Premier (and later federal Finance Minister) William Stevens Fielding submitting an address to the Queen asking for an amendment to the British North America Act to accomplish what was seen as otherwise impossible. It was only after Westminster refused to act that Nova Scotia’s political elite grudgingly accepted the Council’s continued existence. But even this temporary ceasefire would shatter with the passage of the imperial Parliament Act, 1911.”

“Very little scholarship relating to the Legislative Council exists from the period prior to abolition. The most significant was a presentation by constitutional scholar John George Bourinot during the 1896 annual meeting of the Royal Society of Canada. The presentation, entitled “Some Contributions to Canadian Constitutional History: The Constitution of the Legislative Council of Nova Scotia”, focused largely on the Commissions and Instructions of Nova Scotia’s colonial governors, but ultimately shifted to the effects of the 1845-46 correspondence between the Colonial Office and the Legislative Council. In Bourinot’s view, the 1845-46 correspondence was a moral contract between the sovereign and the Legislative Council, which had become a customary part of the Province’s constitution; but, while the changes wrought were as much a part of the constitution as the recognition of responsible government, Bourinot recognized they were just as unenforceable in court. Somewhat surprisingly given his stature in late Nineteenth- Century constitutional law, his article was not referenced directly in either of the court decisions concerning the Legislative Council’s constitution, nor in the 1926-1928 abolition debates; either his article had been forgotten in the intervening years or neither side in the debate viewed it as helping their cause significantly, as it argued the Councillors’ tenure was for life under constitutional convention, but that that convention could not be enforced in court.”

“Of much greater concern was the disappearance or non-existence of key primary sources. As my research was to focus largely on the arguments raised in the legislative debates, I naturally turned to the printed House of Assembly and Legislative Council debates. Unfortunately, I soon discovered that Nova Scotia had ceased publication of the Assembly debates after 1916 and the Council debates after 1922, with publication picking up only in the 1950s. There were thus no published legislative debates from which I could draw these competing discourses. Fortunately, the Halifax newspapers of the era were generally very good at covering any Assembly debates considered “important”; the abolition of the Legislative Council, a major change to the provincial constitution, was seen as important, and the debates were covered regularly and in fair depth. However, neither the Halifax Herald nor the Morning Chronicle (later the Halifax Chronicle) published anything that could be considered authoritative; both papers had strong partisan biases (the Herald being connected with the Conservative Party and the Chronicle with the Liberals), meaning information was emphasized or left out depending on how it fit the papers’ agendas. Moreover, if something else important was taking place, the papers would dedicate far less time to the Council question. (During the first World War, for instance, the debates on reforming the Legislative Council were barely covered by either paper, which instead focused almost exclusively on news from the front; there is thus almost no record of the 1917 constitutional crisis.) Thus while the Herald and Chronicle provided significant records of the abolition debates, they had to be considered in tandem in order to arrive at something approaching the real turn of events. In effect, I was forced to reconstruct the legislative debates from the incomplete reports of two biased newspapers. This reconstruction was made all the more difficult by the fact that neither paper is indexed or is available online; I have thus been required to review on microfilm the entire run of each paper during the months when the Nova Scotia Legislature was in session, looking for any article, editorial, or letter to the editor that might be related to the Legislative Council. (In the case of the Herald, I reviewed the entire run from January 1925 through March 1928.)

To make matters worse, very few documents relating to Legislative Council abolition have been maintained in archives or governmental files. Nova Scotia Archives and Records Management (NSARM, previously the Public Archives of Nova Scotia) was established by an act of the Legislature in 1929, the year after the Legislative Council was abolished. While NSARM holds a fairly comprehensive collection of Premier Edgar Nelson Rhodes’ papers from late 1927 on, there are substantial gaps in the earlier period of his premiership (beginning in mid-1925). As such, Rhodes’ papers provide fairly comprehensive coverage of the Legislative Council’s final days, after the Judicial Committee of the Privy Council decision, but there is very little regarding Rhodes’ decision to push for abolition, his negotiations with the Councillors in 1926-1927, his efforts to appoint in excess of twenty one Councillors in March 1926, or the Supreme Court of Nova Scotia decision and appeal to the Privy Council. While disappointing, these gaps in Rhodes’ files might not have been critical but for the disappearance of other materials, notably the records of the Office of the Attorney General. NSARM’s catalog lists among the Attorney Generals’ files a folder identified “Legislative Council: re: legal matters, appointments, 1926-40”. Unfortunately, when I requested this file, I was informed that it had been missing since at least 1982, when NSARM moved into its present location. While the archivists were kind enough to attempt to locate the folder in other areas (e.g., RG10 F44), it was not and may never be located. As such, what may have been the best compilation of materials relating to the Legislative Council litigation, carefully collected into a single location for future researchers, is lost and inaccessible. Other materials, while theoretically in existence, have proven inaccessible for other reasons.”

“Unlike the Canadian federal government or the governments of Ontario, Quebec, and other provinces created in or after 1867, there is no single document or set of documents to which one can look to ascertain the Nova Scotian constitution. While the British North America Act, 1867, included detailed constitutional provisions on the governments of Ontario and Quebec, the constitution of Nova Scotia continued as it existed prior to Confederation, except insofar as it was changed by the British North America Act itself:

“The Constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until altered under the Authority of this Act.”

Moreover, unlike many of the colonies of the First British Empire, Nova Scotia was not granted a colonial charter establishing the terms of its government. Instead, Nova Scotia’s constitution was based largely on royal prerogative, as expressed in the Commissions and Instructions presented to the Province’s pre-Confederation Governors. The British North America Act attempted to set into stone Nova Scotia’s prerogative constitution, as it existed at the time of Confederation. But, what did that mean? A prerogative constitution implied one that could be changed by the Sovereign, yet the British North America Act suggested the constitution was locked in place. Did the British North America Act remove prerogative—that is, eliminate the Sovereign’s ability to change the constitution of the Province at will—or did it merely state that the provincial constitution would continue to be built upon sand until affirmative action by the Nova Scotia Legislature? For almost sixty years after Confederation, the predominant view in Nova Scotia was that the British North America Act had, indeed, locked the Province’s constitution in place, so that it could no longer be changed by simple prerogative. Instead, the royal prerogative to amend the constitution had been delegated to the Nova Scotia Legislature. This view would only unravel slowly, as the Judicial Committee of the Privy Council recognized the continuing role of prerogative in the provincial constitutions. In order to understand these later debates, however, we must first examine the origins of Nova Scotia’s prerogative constitution, particularly those provisions relating to the Legislative Council.

Depending on how one views the issue, the Legislative Council dated back to 1719 (the first Council, which combined executive, legislative and judicial functions), 1838 (the split of the earlier Council of Twelve into separate Legislative and Executive Councils), or 1861 (the reformation of the Legislative Council in Governor-in-Chief Monck’s Commission of office). The original Council (generally known as the Council of Twelve) dates to 1719, when it was created pursuant to the Commission and Instructions given to Richard Philipps, third Governor of the newly-acquired Province of Nova Scotia. Philipps’ original Commission, dated July 1719, authorized him “to appoint such fitting and discreet persons as you shall either find there or carry along with you, not exceeding the number of twelve, to be our Council in the said province, till our further pleasure be known, any five whereof we do hereby appoint to be a quorum.” Upon arriving in Nova Scotia in April 1720, Philipps did just that, appointing a council “consisting of himself and eleven officers and townsmen.” This initial Council of Twelve consisted primarily of military officers, as there were as yet few British settlers and the Acadians were not seen as appropriate for appointment. For similar reasons, Philipps did not call an Assembly, though he had been instructed to do so in his Commission, and legislation for the Province was impossible in its absence. In the meantime, Philipps’ commission stated that he could refer to the Instructions to the governor of Virginia, which provided something of a framework for government in the absence of an Assembly or formal charter.”

“When the seat of government was moved from Annapolis Royal to Halifax under Governor Edward Cornwallis, the Council of Twelve was reconstituted with new membership and a slightly modified constitution. Cornwallis and his successors could now appoint provisionally up to nine Councillors.

In 1764, the Commission appointing Governor Montagu Wilmot would also limit the time Councillors could be out of the Province without the consent of the Governor or Sovereign to six months and one year, respectively. Neither reform, however, seems to have eliminated the problems with maintaining quorum. When the Council of Twelve did operate, it exercised executive, judicial, and (after 1758) legislative powers. In addition to acting as Nova Scotia’s cabinet (with members typically serving in such roles as Chief Justice, Provincial Secretary, Treasurer, Surveyor- General, or Attorney General), the Council also acted as the Province’s General Court, which had original jurisdiction in criminal cases and appellate jurisdiction in civil matters concerning a dispute over £300. This judicial function was reduced, but not wholly eliminated, upon the creation of the Supreme Court of Nova Scotia in 1754. Finally, after the first Assembly was finally called in 1758, the Council acted as the Upper House of the Legislature, and would frequently amend or refuse its assent to legislation with which the Councillors did not agree, especially any and all attempts to increase the powers of the Assembly at the expense of the Council.”

Although the 1837-38 reforms created a more modern Legislative Council, better positioned to act as an independent chamber of sober, second thought, it still proved difficult to recruit Councillors, especially from outside of Halifax. Members of the Council of Twelve had never been paid for their service as Councillors (though most held executive or judicial office that came with some manner of reimbursement); the tradition of an unpaid Council continued post-reform. As such, any potential members would have to be wealthy enough to afford to take off several weeks at a time for legislative sessions, and, if they lived outside of Halifax, pay for travel, room and board. Prospective Councillors were also turned off by the lack of secure tenure and the ill-defined nature of the Legislative Council’s constitution. In response to the perceived difficulty in recruiting and maintaining strong candidates, on March 18, 1845, the Council formed a committee of five members to consider the issue and report back with recommendations. On April 7, the committee proposed an address to Queen Victoria, to be delivered via Lieutenant-Governor Falkland and the Colonial Office, laying out the difficulty and requesting either that Councillors be compensated for their work or that the Council be given a defined constitution:

Seats in the Legislative Council are among the most honorable Colonial distinctions in the gift of Your Majesty, yet it is with difficulty that Gentlemen can be induced to accept them, or if they do, a speedy resignation or partial attendance exhibit the estimation in which the Body itself, and the Office of a Legislative Councillor are held. Whether these results may be ascribed to the want of a defined Constitution, or of a pecuniary provision for the expense of the attendance of the Country members at the Legislative Sessions, will be for Your Majesty’s gracious consideration. . . . In regard to a matter in which your personal wishes and feelings may influence their judgment, they [the Councillors] do not presume to suggest what steps should be taken, but humbly and earnestly pray that Your Majesty would adopt such measures as seem proper for establishing this Branch of the Legislature upon such a basis as may be compatible with the right, efficient, and independent discharge of its high and important duties.”

“Post-Confederation, there was only two significant amendments to the constitution of the Legislative Council. First, in 1872, the power to appoint Councillors was vested wholly in the Lieutenant-Governor in the name of the Crown. No longer would it be necessary to make “provisional appointments,” which would later be approved or denied by the Queen. In addition to greatly streamlining the appointment process and removing a step seen as wholly unnecessary in the new political context, the reform also removed any constitutional concerns about the Sovereign’s ability to act at all on a matter of provincial or Dominion concern post-Confederation.”

“The second major amendment to the Legislative Council’s constitution came in 1925, at the tail end of forty-three years of Liberal rule and four years of discussions between the Assembly and Council. After repeated efforts to abolish the Council had failed, Premier Armstrong and the Liberals instead proposed reforming it, and, surprisingly, the Council agreed. On April 6, 1925, Armstrong introduced his reform bill, which echoed the reforms of the Parliament Act, 1911, while also limiting the tenure of office of newly-appointed Councillors to ten years and establishing an upper age limit for members (75 for existing members and 70 for new members); until reaching the maximum age, however, Councillors could be reappointed when their terms expired. The Morning Chronicle largely praised the bill, though it did suggest removing the provision allowing for reappointment. In particular, the Chronicle lauded the reasonableness and non-radical nature of the reform, which changed the Council insofar as it was necessary. It does not propose to impair extensively or undesirably, much less to override, the essential present powers of the Council. It does not propose to alter, except by amendments, its membership. It is merely intended to provided that the fixed and determined will of the elected representatives of the people shall ultimately prevail over persistent opposition of the non-elective House, after due delay for reflection and re- consideration. The power of the Upper House to check and correct hasty legislation and enforce due discussion is to be left practically unimpaired, while a means to overcome factious or unwarranted opposition from the Council is to be provided. If anything, the Chronicle suggested the reform might be too radical, as the emasculated state of the House of Lords had been criticized in Britain. Other parties were less supportive of the reform proposals. The Farmer-Labor coalition, which had swept into the role of Opposition after the 1920 election, opposed reform on principle. D.G. McKenzie, Leader of the Opposition, for instance, condemned Armstrong’s bill, saying that the province needed “a responsible government” and that it would be better to abolish the Council or make it an elective body than to fill it with defeated Liberal candidates. The three Conservatives in the Assembly also opposed the bill despite party leader William Lorimer Hall (who did not hold a seat in the Assembly) having introduced a very similar bill in 1916.”

“The (Tenure of office) Bill inspired a Liberal uproar. The Morning Chronicle called it “the hand of Tammany,” referring to the still-powerful Tammany Hall political machine that dominated New York City politics from the 1850s through 1930s.”

“In reply to claims that the Council would protect the province from ill-drafted legislation, he cited an example from the 1922 Session in which two inconsistent acts were passed in regards to the rules of the road, without anyone in the Council having noticed (though, admittedly, the error was made by the Assembly); in order to rectify the error without calling a special session of the Legislature, the Liberal government petitioned Ottawa to disallow the statute. According to Rhodes, if the Council could not catch such an obvious error in legislation—“any child could have discovered the inconsistency”—then contrary to the Liberals’ claims, the Council did nothing to correct “hasty legislation.” Instead, having a second chamber encouraged the Assembly to be lazy in drafting legislation. After Chisholm compared the Council to the Canadian Senate, which the Fathers of Confederation had endorsed, Rhodes repeated his earlier defence of the Senate, emphasizing Nova Scotia’s disproportionate representation. But where the Senate dealt with important national issues, such as foreign relations and war, the Council faced no issues of such great importance. Indeed, most other provinces had found their upper houses unnecessary. Rhodes then audaciously expanded his argument into a belittling of Nova Scotian government, stating, “With a population less than Toronto we have trimmed ourselves with all the legislative attributes of a nation. I venture to say that the people of this province would be well advised if this chamber were reduced to 30 members instead of 43 as at present. To my mind there is no reason why this should not be brought about.” In Rhodes’ eye, the trappings of the Nova Scotia government, including the Legislative Council, were undeserved and unneeded.”

[This argument, “with a population less than Toronto”, is still used today to push any number of unilateral constitutional changes to bring about “greater efficiency”, which is usually code for a dictatorial action to support a specific party or to install a mechanism used to sever an accountability framework (such as municipal amalgamations, dissolutions of grand juries and local courts, dissolution of elected school boards and local health boards, all achieved by fiat].

“Three months later, on October 23, 1926, the Court delivered its decision, such as it was. For all practical purposes, the Court was evenly divided, with Chief Justice Harris and Justice Chisholm holding that the Lieutenant-Governor could appoint in excess of twenty- one members to the Council, and that members held their positions during the pleasure of the Lieutenant-Governor. By contrast, Justices Carroll and Mellish held that the Council was capped at twenty-one, absent a formal amendment to the provincial constitution, and that tenure, if at pleasure, was at the pleasure of the Crown acting by and with the advice of the imperial cabinet (Carroll and Mellish disagreed on whether tenure was at pleasure (Carroll) or for life (Mellish)). Thus with only two exceptions, there could not be said to be a “decision” of the Court, as it was on most issues evenly divided.”

“Almost immediately after the decision was rendered, Premier Rhodes stated that he intended to appeal to the Judicial Committee of the Privy Council. In response, the Councillors, initially through the Morning Chronicle and later through legal counsel, argued that appeal was inappropriate, as the Supreme Court had not actually reached a decision. If there was no decision, asked the Morning Chronicle, how could there be an appeal to a higher court? While the Chronicle recognized there might be some technical way out, it argued that the better approach was to reargue the case in the Supreme Court of Nova Scotia before a panel of five or seven judges, in order to ensure a majority decision.”

“On October 18, 1927, the waiting finally came to an end, as the Judicial Committee of the Privy Council released its judgment. In a brief fifteen paragraphs, the Privy Council found for the Province on all four questions, finally opening the door for Rhodes to abolish the Legislative Council at the next session of the Legislature. It would be strange indeed for the Nova Scotian Fathers of Confederation to have intended to create a toothless Legislative Council that could be abolished or whose members could be dismissed at any time; if that had been the intent, why not simply abolish the Council as part of the British North America Act? Moreover, both the plan of Confederation and the 1873 Act were approved by the Legislative Council, which presumably would have rejected either if it believed it meant signing its own death warrant. The semi-anonymous author (“J.E.R.”) of a Canadian Bar Journal “Case and Comment” on the Privy Council decision agreed:

The theory [that all prerogative powers had been transferred to the Lieutenant-Governor] is in itself not free from difficulty. Its acceptance gives to the B.N.A. Act an effect that certainly would have shocked the ‘Fathers of Confederation.’ A persual of the various drafts of sections dealing with the constitutions of the legislatures of Nova Scotia and New Brunswick discloses a clear intention that the N. S. Legislature should retain its constitution with restricted legislative powers. If there had been any suggestion, that the result would have been a second chamber, completely dependant upon the House of Assembly, whose members would always be subject to the threat of dismissal if they dared to disagree with the views of the lower house, it is unlikely that the concurrence of the Nova Scotia Legislature would have been obtained. Their Lordships refer to the anomaly of appointments made in Halifax being revoked in London but there is no doubt that the so-called anomaly was the result actually contemplated.”

“Just six months after the Legislative Council disappeared forever, Nova Scotians returned to the polls. Though Rhodes had not thought it necessary to consult the electorate on changing the provincial constitution by abolishing the Council, he argued in September 1928 that the members of the Assembly should face the voters before making use of their substantial new powers. That is, changing the constitution did not require an election, but using the powers resulting from that changed constitution did.”

“This constitutional conundrum—the Legislative Council’s consent was required to abolish the Legislative Council—appeared for decades to be unresolvable. Successive governments sought to achieve abolition through some alternative means, whether it be an amendment to the British North America Act, requiring appointees to pledge themselves in favour of abolition, or offering substantial pensions, but none were successful. Eventually, the governing Liberals effectively gave up, embraced the Council, and sought reform instead of abolition. But decades of criticism left a Council bereft of popular support. When Edgar Nelson Rhodes took office, he recognized the Council as a vestige of the old regime, an independent source of authority that could block his legislative agenda (even if that authority was mostly unexercised). Rhodes thus launched a renewed battle against the Council, dedicated this time to destroy it once and for all. In doing so, Rhodes questioned decades-old assumptions about the nature of the provincial constitution and the role of the Council. When Lieutenant-Governor Tory and the Dominion Law Officers were unwilling to go through with his plans to pack the Council with Conservative appointees, he took the matter to court. Fortunately for Rhodes, the Judicial Committee of the Privy Council was unwilling to recognize the settled conventions on which so much of Nova Scotian practice was based. According to the Privy Council, the Legislative Council was built on a foundation of sand.”

“While the Privy Council’s decision verified that Lieutenant-Governor Tory had the ability to act, it in no way mandated his actions. Indeed, use of the prerogative powers of the Sovereign to dismiss Councillors or to appoint in excess of twenty-one members violated constitutional convention in place since at least 1846. True, these conventions did not have the binding force of law, but this did not make them any less a part of the constitutional structure of the Province.”

Hoffman, Charlotte, The Abolition of the Legislative Council of Nova Scotia, 1925-1928 (December 7, 2011). Available at SSRN: https://ssrn.com/abstract=2273029 or http://dx.doi.org/10.2139/ssrn.2273029