Carte particulière de la coste d’Accadie

carteacadie6 map

A very detailed early map of Nova Scotia from some time previous to the founding of Halifax. Chibouctou is shown on the Dartmouth side of the harbor, opposite McNabs Island and Geroge’s Island. Shubenacadie River is seen to the north of the settlement. I haven’t found any substantial confirmation that the Dartmouth side is where the settlement known as Chibouctou was actually located, but there are a number of maps (many, but not all, seem to be derivative).

More about Chibouctou:

“Carte particulière de la coste d'Accadie” 16?? (<1700) https://gallica.bnf.fr/ark:/12148/btv1b53089778x

The town proprietors of the New England Colonies: a study of their development, organization, activities and controversies, 1620-1770

The term “proprietor” was used in two distinct senses in the American colonies. In order fully to understand the nature and the scope of the present study, therefore, it is necessary at the outset to distinguish these two usages.

“The more familiar usage of the word “proprietor” is with reference to the proprietary provinces. The “Lords Proprietary” or “Lords Proprietors,” whether single persons or groups of grantees, were created and constituted by the crown on the model of the Palatinate of Durham. They held both territorial and governmental powers and like “the feudal seigneurs of the middle ages, became, or aimed to become, the lords of great colonial territories to which they were to stand as to any fief or estate of land.”

The institution, in this sense, was essentially feudal and monarchial in its character. The more noted examples of such Lords Proprietary or Proprietors are William Penn of Pennsylvania and Lord Baltimore of Maryland. Chief among the many others are the Earl of Carlisle, the Lord Palatine of Barbadoes and adjoining islands; the first Earl of Stirling, the lord proprietor of Nova Scotia, half of Maine, and Long Island; the Earl of Arundel and of Surrey of the early Carolinas; Sir George Carteret and Lord John Berkeley of the Jerseys; Sir James Hamilton of the Narragansett country; the Earl of Lenox, Lord Maltravers; and the eight Proprietors of Carolina.”

Akagi, Roy Hidemichi. “The town proprietors of the New England Colonies: a study of their development, organization, activities and controversies, 1620-1770” Gloucester, Mass., P. Smith, 1963. https://archive.org/details/townproprietorso00akag_0/page/n5/mode/2up

Scottish colonial schemes, 1620-1686

Sir William Alexander

This traces the early English colonial ventures in North America, commencing with the establishment of Jamestown in Virginia by the London Virginia Company in 1607. This initial settlement led to further expansions, such as the addition of Bermuda in 1612 and the gradual settlement of the New England coast, including Plymouth and Salem, in the early 17th century. English settlers also began occupying Caribbean islands like St. Christopher’s, Nevis, and Barbados.

The motivations behind these settlements varied, ranging from political and religious strife in England to opportunities for establishing new feudal systems. The English Civil War marked a pause in colonial progress, but the capture of Jamaica in 1655 under Cromwell initiated a new phase of expansion.

In the following decades, territories like Connecticut, Rhode Island, Maine, and New Hampshire were established, while proprietary governments emerged in East and West Jersey, heavily influenced by Quaker ideals. Pennsylvania, founded by Quakers, and Georgia, established as a philanthropic and strategic barrier against Spanish aggression, were significant developments in the early 18th century.

The narrative contrasts English colonial endeavors with Scottish efforts, particularly in Newfoundland, where Scottish adventurers attempted settlements in the early 17th century. Despite facing challenges and disasters, Scottish interest in colonial ventures persisted, although with limited success compared to English counterparts.

The text also highlights the influence of individuals like Sir Ferdinando Gorges and Sir William Alexander in shaping colonial policies and ventures. The Nova Scotia scheme, initiated by Alexander, aimed to create a Scottish colony between New England and Newfoundland, strategically countering French influence in the region.

Despite setbacks in his Nova Scotia voyages, Sir William Alexander remained determined to pursue his colonial enterprise. In 1624, he published “Encouragement to Colonies,” aiming to attract more readers and support. However, while his treatise showcased his scholarly and magnanimous personality, it revealed his misunderstanding of the challenges his scheme faced. A comparison with Captain Mason’s “Brief Discourse” highlights Alexander’s focus on historical narrative rather than practical advantages.

His appeal for colonial support centered on idealistic notions of ambition and virtue, lacking the practical incentives Mason provided. Despite this, Alexander’s prose showed both vivid Elizabethan imagery and a tone reminiscent of Sir Thomas Browne’s solemn grandeur.

To boost colonial interest, King James proposed creating an Order of Baronets, mimicking previous successful efforts in Ulster. By 1624, preparations for a colonizing expedition were underway, financed partly by the baronets’ contributions. Yet, the Scottish gentry showed reluctance, leading to modifications in grant conditions.

In 1629, Sir William’s son led the first Scottish settlement in Nova Scotia, facing minimal French opposition. However, the colony’s history is murky, with sparse records detailing its existence from 1629 to 1632. La Tour’s arrival in 1630 brought reinforcement, but tensions with the French persisted.

Royal support continued, with promises of baronetcies for assistance in the colony. Yet, in 1631, King Charles ordered the abandonment of Port Royal due to French claims. Despite this setback, Sir William’s interest in colonial affairs endured, as evidenced by his involvement in the New England Company and the grant of land in present-day Maine.

Ultimately, Sir William’s colonial ambitions were overshadowed by political turmoil in Scotland, and he did not send out more colonists. Long Island, granted to him, retained its name despite his lack of direct involvement in its settlement.


“The tale of effective English settlement begins in 1607 with the plantation of Jamestown in Virginia by the London Virginia Company. In 1612 the island of Bermuda, discovered three years previously by Sir George Somers, was added by a charter to Virginia, but was later formed into a separate colony. On the reorganization of the Plymouth Virginia Company as the New England Council, followed the gradual settlement of the coast well to the north of Virginia: the decade 1620-1630 saw in its opening year the landing of the Pilgrims at Plymouth; in its closing year it witnessed the migration of the Massachusetts Bay Company to Salem. In the Caribbean Islands English settlers had, within the same decade, made a joint occupation of St. Christopher’s with the French, and had begun the plantation of Nevis and Barbados. In the following decade, Connecticut and Rhode Island were established; Maine was granted to Sir Ferdinando Gorges; the foundation of New Hampshire was laid by Captain John Mason; and Leonard Calvert, brother of the second Lord Baltimore, conducted a band of emigrants to Maryland.

Some of these settlements owed their origin to the political strife between the early Stuart Kings and those who opposed them either on political or on religious grounds: others, again, were founded by courtiers who saw in the undeveloped lands beyond the Atlantic an opportunity of establishing a new feudalism. By absorbing the energies of Cavalier and Parliamentarian the Civil War brought to a close the first epoch of English colonial progress. The second epoch opened with the capture of Jamaica in 1655 by the expedition under Admiral Penn and General Venables, sent out by Cromwell.

The decade following the Restoration saw the grant of a Charter to the Lords Proprietors of Carolina; the capture of New Amsterdam from the Dutch, followed by the grant of New Jersey to Carteret and Berkeley; the founding of a company for the development of the Bahamas. The next two decades saw the development of East and West Jersey, under Proprietary governments, in which Quaker influence was latterly to become very strong, and this led up naturally to the establishment in 1681 of the Quaker colony of Pennsylvania. The establishment of Georgia in 1732 stands outside the general range of English colonial expansion; it owed its origin partly to the nascent philanthropic tendencies of the eighteenth century, partly to political considerations; designed by Oglethorpe as a colony of refuge for men who had suffered imprisonment for debt, Georgia commended itself both to the American colonists and to the Imperial government as a barrier against Spanish aggression.

To the history of English colonial expansion during the seventeenth century the record of Scottish colonial enterprise in the days before the Union of 1707 offers a striking contrast. Virginia had struggled successfully through its critical early years, and the Pilgrims had crossed the Atlantic before Sir William Alexander received in 1621, from King James, the charter that conveyed to him the grant of Nova Scotia, to be holden of the Crown of Scotland. The expedition that sailed from Kirkcudbright in the summer of 1622 did not even reach the shores of Sir William’s new domain, but was obliged to winter at Newfoundland; the relief expedition dispatched in 1623 did indeed explore a part of the coast of Acadie, but did not effect a settlement.

Thereafter the project languished for some years, but in 1629 a small Scottish colony was established at Port Royal on the Bay of Fundy : its brief and precarious existence was terminated by the Treaty of St. Germain-en-Laye in 1632. In 1629, too, a small Scottish colony was planted by Lord Ochiltree on one of the coves of the Cape Breton coast: after an existence of a few months it was broken up by a French raiding force. Half a century after these fruitless efforts to establish Scottish colonies, two attempts were made to form Scottish settlements within the territories occupied by the English colonists: the Quaker Scottish settlement of East Jersey met with considerable success; but after a very brief and very troubled existence the small Presbyterian colony of Stuart’s Town in South Carolina was destroyed by a Spanish force from St. Augustine.

The ever-growing desire of the Scottish merchants to have a colony of their own, to have a market for the goods produced by the factories that began to spring up in Scotland during the closing decades of the seventeenth century, found expression in the eagerness with which Scottish investors entrusted their carefully garnered savings to the Directors of the Company of Scotland Trading to Africa and the Indies: and never was more tragic contrast than that between the anticipations roused by the Darien Scheme and the tale of disaster that is the record of the Darien expeditions.

Yet though the history of Scottish colonial enterprise reveals but a meagre record of actual achievements, that history is invested with a romantic interest that renders it more akin, in its essential aspects, to the story of French colonial activities in North America than to the somewhat prosaic annals of the English settlements along the Atlantic sea-board. When the Scots came into conflict in North America with their Ancient Ally, the course of events seemed to threaten the very existence of the French power, not only in Acadie, where Port Royal was effectively occupied by the Master of Stirling, but also along the St. Lawrence valley: the security of the ocean gateway to that region was menaced by Ochiltree’s fortalice on Cape Breton Island : in 1629 Champlain surrendered his fort and habitation of Quebec to Captain Kirke, who was operating in connection with the Scots: the thistle had for the moment triumphed over the fleur-de-lys.

It is not wholly chimerical to imagine that if and the St. Lawrence valley had not been surrendered by Charles I. in 1632, the feudal organization designed for Sir William Alexander’s province and the adventurous life that Canadian lake and forest and river opened up to the daring pioneer would have offered to the Scottish military adventurer a congenial sphere of activity and a life quite as attractive as that of a career of arms in Sweden or in Muscovy. And the student of military history who remembers that on the Cape Breton coast, near the spot where Ochiltree’s fortalice was razed to the ground, there was erected a French fort that grew ultimately into the mighty citadel of Louisbourg, will not be unwilling to concede that the Scottish station might well have played an important part in colonial naval and military strategy.”

“Scottish traditions, military, economic and religious—traditions deep-rooted and powerful—united, we have seen, to direct to the continent of Europe, Scotsmen who quitted their native shores to live by the sword, to find a competence in trade, or to seek a temporary shelter from the rigors of political-ecclesiastical persecution. When, indeed, the question of transatlantic enterprise was first brought to the notice of the scots privy council, the emotions which it excited were those of distrust and repugnance.

It must, however, be admitted that the suggested exodus from Scotland against which the lords of the privy council made a diplomatic but firm protest to King James, sixth and first, had been designed by that monarch not wholly in the interests of the prospective emigrants. Towards the close of the year 1617, the star chamber, in pursuance of the royal policy of establishing a lasting peace throughout the debatable land, had evolved a code of stringent regulations for the suppression of disorder there. This code was, of course, applicable only to those districts of the middle shires that belonged to England, but the King had sent a copy of it to the scots privy council with instructions to consider how far the measures designed to impart docility to the English borderers might be made to apply north of the tweed. This question was dealt with by the Scots Privy Council on the 8th January, 1618.

To the line of policy suggested by the thirteenth section of the code, the council took decided exception. This section provided for a survey and information to be taken of the most notorious and leud persons and of their faults within Northumberland, Cumberland, etc., and declared that the royal purpose was to send the most notorious leiveris of them into Virginia or to sum remote parts, to serve in the wearris or in colonies. On the course of action implied in this section the comment of the council was discreet but unequivocal: seeing be the laws of this kingdom and general band every landlord in the middle shires is bounded to be answerable for all these that dwell on his land, the counsel sees no necessity that the course prescribed in the article be followed out here. On this judicious remonstrance the editors of the privy council records make the opposite remark, that Virginia and all the other available colonies of that time being English, the council probably disliked the idea of trusting even Scottish criminals to the tender mercies of English taskmasters.

Three months after the dispatch of this diplomatic non placet, the sage of Whitehall informed the Scottish council that their judgment seemed strange and unadvised and insisted on their acceptance of the principle in dispute. Dutifully they deferred to the royal mandate. Yet the conciliar conscience was not altogether easy concerning the possible fate of kindly scots from the borders: at the beginning of 1619, the council instructed the commissioners of the middle shires to intimate to the transportation sub-committee that in the execution of that piece of service concredit unto them they use the advise and opinion of the lords of his majesty’s privy council.

It is perhaps more than a coincidence that almost at the very time when the king’s desire to employ Virginia as a convenient penitentiary for unruly scots was engaging the attention of the scots privy council, the lord mayor of London and Sir Thomas Smyth, the treasurer of the Virginia company, should be not a little puzzled by a problem that had arisen from King James’ determination to send some of his English subjects to Virginia. It was on 8th January, 1618, that the scots privy council discussed the king’s plan for dealing with turbulent borderers. On 13th January, 1618, King James wrote thus from his “Court at Newmarkitt” to Sir Thomas Smyth:

Trusty and well beloved we greet you well; whereas our court hath of late been troubled with divers idle young people, who although they have been twice punished still continue to follow the same having no employment; wee having no other course to clear our court from them have thought fit to send them unto you desiring you at the next opportunity to send them away to Virginia and to take sure order that they may be set to work there, wherein you shall not only do us good service but also do a deed of charity by employing them who otherwise will never be reclaimed from the idle life of vagabonds…”

This letter Sir Thomas Smyth received on the evening of the 18th of January, some of the prospective deportees had already reached London. The perturbation of the worthy treasurer reveals itself clearly in the letter which he addressed to the lord mayor immediately on the receipt of the royal mandate:

Right Honorable: I have this evening received a lice from his Majesty at Newmarkit requiring me to send to Virginia diverse young people who wanting employment do live idle and follow the court, notwithstanding they have been punished as by his highness lres (which I send your lordship Here with to you to see) more at large appeareth. Now for as much as some of these by his mats royal command are brought from Newmarkit to London already and others more are consigned after, and for that the company of Virginia hath not any ship at present ready to go thither neither any means to employ them or secure place to detain them in until the next opportunity to transport them (which I hope will be very shortly) I have therefore thought fit for the better accomplishing his highness pleasure therein to intreat your lordships favor and assistance that by your Lordship’s favor these persons may be detained in bridewell and there set to work until our next ship shall depart for Virginia, wherein your lordship Shall doe an acceptable service to his majesty and myself be enabled to perform that which is required of me. So I commend you to God and rest.

Your lordships Assured loving friend

Tho. Smith. This Monday evening, 18 January 1618.

Of the subsequent experiences of the young rufflers for whom the treasurer in his perturbation besought the temporary hospitality of the Bridewell the London records give no account.

The deloraines of the debatable land were not the only Scottish subjects of King James for whom the new world seemed to offer itself obligingly as a spacious and convenient penitentiary. In the spring of 1619, while the religious controversy aroused by the issue of the five articles of Perth was still raging bitterly, one of the arguments by means of which Archbishop Spotswood sought to influence the recalcitrant ministers of Midlothian was a threat of banishment to American ominous foreshadowing of the practice that was to become all too common in covenanting days.

At the very time when both King and Archbishop were concerning themselves with the repressive efficacy of exile to Virginia, an obscure group of Scottish adventurers had found in the oldest of England’s transatlantic possessions an attractive, if somewhat exciting sphere of enterprise; and the claims of Newfoundland as a place of settlement suitable for Scottish emigrants were soon to be urged with some degree of ostentation. It is, indeed, but a brief glimpse that we obtain from colonial records of the activities of these Scottish pioneers. In march, 1620, there was received by King James a petition from the treasurer and the company with the Scottish undertakers of the plantations in Newfoundland. After references to the growing prosperity of the country and to the magnitude of the fishing industry, the petitioners complain of the losses caused by the raids of pirates and by the turbulence of the fishermen.

Steps, however, have been taken to combat these evils: and therefor since your majesties subjects of England and Scotland are now joined together in hopes of a happy time to make a more settled plantation in the Newfoundland. Their humble petition is for establishing of good orders and preventing enormities among the fishers and for securing the sd. Plantations and fishers from pirates. That your majesties would be pleased to grant a power to john mason the present governor of our colonies (a man approved by us and fitting for that service) to be lieutenant for your Majesty in the sq. Parts. This petition is endorsed: the Scottish undertakers of the plantation in the New-found-land.”

Brief as is this glimpse of the activities of the early Scottish planters in Newfoundland, and tantalizing as is its lack of detail, the meagre information it yields is of no little interest to the historian of colonial enterprise, for it is the first evidence that has come down to us of Scottish colonizing activity in the new world. Moreover, it affords an eminently reasonable explanation of why captain john mason should seek to stimulate Scottish interest in Newfoundland by the compilation of his brief discourse of the New-found-land … Inciting our nation to go forward in the hopefully plantation begun. Fortunately we can gather from the general course of colonial development in Newfoundland a tolerably complete idea of the plantation in which the scots were undertakers: and it is possible to trace with some fulness both in Scottish and in colonial history the romantic career of captain John Mason.

It lies, of course, primarily within the province of the feudal lawyer to determine how these franchises were to be exercised when there were no vassals to assemble in Court Baron, and This slow progress in the development of Newfoundland was due less to lack of effort on the part of Englishmen interested in colonization than to misdirection of effort. Soon after the annexation there was published A True Report of the Late Discoveries, by Sir George Peckhamthe first of a series of commendatory pamphlets that are useful guides to the early history of Newfoundland. In the retrospective light shed by the later history of the English plantations, it is instructive to consider the nature of the inducements held out, in the year of grace 1583, to prospective pioneers. Much is naturally made of the claims of the fishing industry; but the importance of Newfoundland as a base for a voyage to India by the North-West Passage is also urged; and any feudal instincts that may have survived the ungenial regime of the early Tudors are appealed to by the promise to 100 subscribers of a grant of 16,000 acres of land with authority to hold Court Leet and Court Baron.

The first effective plantation of Newfoundland was carried out early in the seventeenth century by a company imbued with a spirit differing widely from the feudal and romantic tendencies of Peckham. The Company of adventurers and planters of the City of London and Bristol for the colony or plantation in Newfoundland, which received its charter in 1611, had as one of its leading members Sir Francis Bacon, and it was probably through his influence that it obtained, despite the royal impecuniosity, a considerable subsidy from King James. Of the merchants identified with the company, the most prominent was Alderman John Guy of Bristol, who in 1611 conducted the first colonists from the Severn sea-port to Cupid’s Cove, a land-locked anchorage at the head of Harbor Grace. The prosperity that attended this settlement from its earliest days may be ascribed almost with certainty to the guidance it received from the practical counsel of Bacon and the commercial acumen of Alderman Guy. It was with the activities of this settlement at Cupid’s Cove that the Scottish planters had identified themselves.

The only dangers that in any way threatened the success of the colony were the hostility shown towards the planters by the fishermen and the devastation caused by the raids of pirates, and when, in 1615, Guy was succeeded in the governor ship by Captain John Mason, the colonists might with reason feel confident that their destinies had been entrusted to a man well fitted, both by character and by experience, to protect them from their foes.”

“By 1619 Virginia had safely weathered the storms of the early years of its existence. The grant in November, 1620, of the fresh charter to the Plymouth Company, remodeled as The Council established at Ply mouth in the County of Devon, for the planting, ruling, ordering, and governing of New England in America, seemed to promise a more successful issue to the efforts to colonize the more northern part of the territory. The leading part in the reorganization of the Plymouth company was taken by Sir Ferdinando Gorges The Father of English Colonization in North America. With Gorges Sir William was on terms of friendship. The colonizing zeal of Gorges proved contagious.

Alexander’s mind was fired by the possibilities of colonial enterprise. His resolution to engage in such enterprise seems to have been strengthened by arguments adduced by Captain John Mason on his return to England in 1621. Alexander no longer hesitated: he, too, would play his part in colonial enterprise. Having sundry times exactly weighed that which I have already delivered, and being so exceedingly enflamed to doe some good in that kind, he declares in his Encouragement to Colonies, that I would rather bewray the weaknesses of my power than conceal the greatness of my desire, being much encouraged hereunto by Sir Ferdinando Gorge and some others of the undertakers of New England, I shew them that my countrymen would never adventure in such an Enterprise, unless it were as there was a New France, a New Spain, and a New England, that they might likewise have a New Scotland, and for that effect they might have bounds with a correspondence in proportion (as others had) with the Country thereof it should bear the name, which they might hold of their own Crowne, and where they might be governed by their own Lawes.

Sir William’s patriotic desires were respected. On August 5th, 1621, King James intimated to the Scots Privy Council that Sir William Alexander had a purpose to procure a foreign Plantation, having made choice of lands lying between our Colonies of New England and Newfoundland, both the Governors whereof have encouraged him thereunto “and signified the royal desire that the Council would grant unto the said Sir William … a Signatour under our Great Seale of the said lands lying between New England and Newfoundland, as he shall design them particularly unto you. To be holden of us from our Kingdome of Scotland as a part thereof… A charter under the Great Seal was duly granted at Edinburgh on 29th September, 1621.

For Alexander’s New Scotland the Nova Scotia in America of his Latin charter the New England council had surrendered a territory comprising the modern Nova Scotia, New Brunswick and the land lying between New Brunswick and the St. Lawrence. Over the province thus assigned to him Sir William Alexander was invested with wide and autocratic power. Some of the sweeping benefactions of the charter seem to contemplate the transference of Scottish home conditions across the Atlantic with almost too pedantic completeness. Along with many other strange and wonderful things Sir William was to hold and to possess “free towns, free ports, towns, baronial villages, seaports, roadsteads, machines, mills, offices, and jurisdiction;… bogs, plains, and moors; marshes, roads, paths, waters, swamps, rivers, meadows, and pastures; mines, malt-houses and their refuse ; hawking, hunting, fisheries, peat-mosses, turf bogs, coal, coal-pits, coneys, warrens, doves, dove-cotes, workshops, malt-kilns, breweries and broom ; woods, groves, and thickets; wood, timber, quarries of stone and lime, with courts, fines, pleas, heriots, outlaws,… and with fork, foss, sac, theme, infang theiff, outfangtheiff, wrak, wair, veth, vert, venison, pit and gallows…

The colony which was to enjoy the quaint and multitudinous benefits of Scots feudalism as it then existed and was to exist for another century and a quarter occupied a definite place in the scheme of English colonial expansion, and the effort to found and to hold it was a definite strategic move in the triangular contest of Spain, France and Britain for the dominion of the continent of North America.

The Spanish conquest of Mexico and the establishment of the outpost of St. Augustine on the Florida coast had provided Spain not only with a valuable strategic base in America, but with a claim to the coast lying to the north of Florida. The voyages of Cartier to the St. Lawrence had given France pre-eminence in the North. The seaboard stretching from the St. Lawrence to the peninsula of Florida was claimed by England in virtue of Cabot’s discoveries. The foundation of the Virginia Company in 1606 was a definite effort to make good the English claim.

The Virginia Company had two branches. To the London Company, or southern colony, was given authority to settle the territory between the thirty-fourth and forty-first degrees of north latitude. The founding of the settlement of James town in 1607 by the expedition sent out by the London Company was regarded by the Spanish authorities as a challenge, but the Spanish disfavor did not find expression in open hostilities. A more serious menace than Spanish enmity was found in the life of hardship of the earliest colonists the struggle for subsistence, the hostility of the Indians, the harsh regime of Dale and Argall. But the recognition of the value of the tobacco crop soon brought economic security to the young colony, and the grant in 1619 of a certain measure of self-government to the colony by the establishment of the House of Burgesses, marked the beginning of a happier state of political affairs.

In the Plymouth, or Northern Company, to which was given the right to plant lands between the thirty-eighth and forty fifth degrees of north latitude the most influential man was Sir William Alexander’s friend, Sir Ferdinando Gorges, one of the most interesting characters in early colonial history. Gorges belonged to an old Somerset family. He held the post of governor of the forts and islands of Plymouth, but varied his garrison duty with spells of service abroad. In I591, when about twenty-five years of age, he was knighted by the Earl of Essex for valiant service at the siege of Rouen. When Essex rose in revolt against Elizabeth, Gorges played a vacillating and not too creditable part towards his old commander. The active interest of Gorges in colonial affairs began in 1605 when Captain George Weymouth sailed into Plymouth Sound in the Archangel, a vessel that had been fitted out for trade and discovery by the Earl of Southampton and Lord Arundel of Wardour.

From America Weymouth had brought home with him five Indians. Of these, three were quartered in Gorges’ house. As they became more proficient in the English tongue they had long talks with the Governor, who learned from them much concerning the climate, soil and harbors of their native land. And to the knowledge thus romantically acquired was due the desire on the part of Gorges to take some part in the colonizing of these regions beyond the Atlantic. As a colonizing agent the Plymouth Company, in which Gorges was interested, was less successful than the London Company. The expedition sent out in 1607 by the Plymouth Colony did indeed effect a settlement, the Popham Colony on the coast of Maine, but the rigors of the first winter spent on that bleak sea-board proved too much for the colonists. After the survivors of these settlers returned to England, the activities of the company were connected solely with trading voyages until, in 1620, it was remodeled as the Council for New England.

To the Council was assigned the territory lying between the fortieth and forty-eighth degree of north latitude. Within those limits, too, fishing could be carried on only by permission of the Council for New England, who thus acquired what amounted to a monopoly of the lucrative American fisheries. Both from the rival company of London and from those who, on political grounds, were opposed to monopolies, the Council for New England met with determined opposition. During the meetings held prior to the autumn of 1621 the chief subjects under discussion were the settlement of the company’s territories and the prevention of the infringement of the company’s rights by interlopers trading within its territories or fishing the adjoining seas. It soon became evident that, for the time being, the company was more concerned with exploiting its privileges than with settling its territories, and soon a scheme was evolved for passing on to others the burden of colonization. In September, 1621, Gorges himself laid before the Mayor of Bristol the Articles and Orders Concluded on by the President and Counsel for the affaires of New England for the better Government of the Trade and for the Advancement of the Plantation in those parts. . The salient features of this scheme are contained in Articles I, 2, 3, and 9:

  • I. First that, in the City of Bristol and Exon, and in the Townes of Plymouth, Dartmouth, Waymouth, and Barn stable, there shall be a Treasurer in either of them, together with certain Commission chosen by the Adventurers. To all whom the Treasure, Government, and policy of Trade for New England shall bee Committed; as also such other officers as shall bee found convenient for that Service shall be designed to their particular charge.
  • And for the better Government of the said affaires : It is further ordered that there shall be chosen Commissioners out of the Adventurers of the City of Bristol and the parts thereunto adjoining and out of the City of Exon and the parts thereunto adjoining, and out of the Towne of Plymouth and the parts thereunto adjoining, and out of the Towne of Dartmouth and the parts thereunto adjoining, and out of the Towne of Barnstable and the parts thereunto adjoining; out of wo number they are to choose their Treasurer for every of the said places: And they so chosen to nominate their Register, Auditors, Clarke, and other officers.
  • And it is further ordered that the Treasurers and Commissioners (being so chosen by the Company of Adventures of the Several cities and Townes Corporate or the greater part of them that shall be present) shall receive their commission for the Managing of their affaires from us, the President and Counsel, according to his Mats authority in that behalf granted unto us.
  • That every year about Michaelmas and Easter, there shall be a General Meeting at Teuerton, in the County of Devon, of the said several Cities and Townes, whither they are to send three out of either City and two out of either Towne, to resolve upon their Mutual proceeding; as, namely, to what Port or ports of those Territories they will send any ship or ships and what markets are fittest to vent their commodities in, and what ships are meetest to go into those markets, as, also, whether the whole shall proceed upon a joint stock or that sever City and Town do proceed upon their several adventures, wo by all means is conceived to be the worst, both for the public and private good.

With this grandiose scheme the cautious Merchant Venturers of Bristol would have nothing to do. But the scheme brings out clearly the circumstances in which the Scottish venture had its origin, and reveals the exact significance, from the English standpoint, of the Nova Scotia scheme. By the reorganization of 1620 the northern boundary of the Plymouth Company had been advanced two hundred miles farther north. This northern frontier had now reached the sphere of French influence on the lower St. Lawrence. Already in 1613 an attempt on the part of the French to extend their sphere of influence southward had evoked reprisals on the part of the Virginian colonists, and the French Jesuit settlement at Desert Island on the coast of Maine had been broken up by an expedition under Captain Argall; in the following year Argall sailed north again and sacked the French settlement at Port Royal in the Bay of Fundy. But the French settlers had not been wholly driven from these northern latitudes, and the hope that the occupation of the northern territory by the Scots would prove a barrier against French aggression was responsible for the cordiality with which the Nova Scotia scheme was urged on Alexander by Gorges and the others interested in English colonial projects.”

“Despite the losses caused by the Nova Scotia voyages, however, Sir William was by no means inclined to abandon his enterprise. Ever sanguine and ever ingenious, he resolved to employ the learned pen which had attracted to him the royal favor, in an appeal to a wider circle of readers. In 1624 he published his Encouragement to Colonies, a treatise which is at once a tribute to the scholarly and magnanimous aspects of his personality and a convincing revelation of his inability to grasp the nature of the difficulties against which his scheme had to struggle. It is highly instructive to compare with the Encouragement Captain Mason’s Brief Discourse. Mason’s pamphlet opens with a clear, precise account of the geographical position and the climate conditions of Newfoundland: the first six pages of the Encouragement contain a sketch of the history of colonization from the days of the Patriarchs down to those of the Roman Empire; the next twenty-five pages are devoted to a masterly resume of American history from the time of Columbus down to the settlement of New England.

It will be remembered how definitely Mason set out the particular advantages Newfoundland offered to prospective settlers: Alexander’s appeal, if addressed to higher instincts, was correspondingly vaguer: Where was ever Ambition baited with greater hopes than here, or where ever had Virtue so large a field to reap the fruits of Glory, since any man, who doth go thither of good quality, able at first to transport a hundred persons with him furnished with things necessary, shall have as much Bounds as may serve for a great man, whereupon he may build a Towne of his own, giving it what form or name he will, and being the first Founder of a new Estate, which a pleasing industry may quickly bring to a perfection, may leave a faire inheritance to his posterity, who shall claim unto him as the author of their Nobility there… It is with little surprise that we learn that the only person who seems to have been encouraged by the publication of this treatise was Alexander himself. To the text of the Encouragement there was added a map of New Scotland. With the object of either satisfying an academic craving for patriotic consistency or of dispelling that dread of an unknown land which had proved such a deterrent to the peasants of Galloway, Alexander besprinkled his map with familiar names. And what Scot could persist in regarding as altogether alien, that land which was drained by a Forth and a Clyde, and which was separated from New England by a Twede.

If the Encouragement did little to stimulate colonial enterprise in Scotland, it has an intrinsic interest as a literary production. To a modern reader Alexander’s verse, despite its great reputation in his own day, seems to be strangely lacking in vital interest. It may be that the themes of his Monarchic Tragedies, and of his long poem on Doomesday, appealed to his intellect and not to his heart. But when he wrote of colonial enterprise, he was treating a theme that had fired his imagination, and his prose is vigorous and impressive. Now it is vivid with Elizabethan brightness and colour: his explorers discovered three very pleasant Harbors and went ashore in one of them which after the ship’s name they called St. Luke’s Bay, where they found a great way up a very pleasant river, being three fathoms deep at low water at the entry, and on every side they did see very delicate Meadows having roses red and white growing thereon with a kind of wild Lilly having a very dainty Smell. Again, it strikes a note of solemn grandeur that anticipates the stately cadences of Sir Thomas Browne: I am loth, says Alexander, in referring to Roman military colonization, by disputable opinion to dig up the Tombs of them that, more extenuated than the dust, are buried in oblivion, and will leave these disregarded relicts of greatness to continue as they are, the scorn of pride, witnessing the power of Time.

But if Sir William Alexander’s appeal was made essentially to the higher emotions and interests of his countrymen, his friend the king was ready with a practical scheme designed to impart to either indifferent or reluctant Scots the necessary incentive to take part in colonial enterprise. There is, indeed, in the closing lines of the Encouragement, a hint of the prospect of royal aid : And as no one man could accomplish such a Work by his own private fortune, so it shall please his Majesty… to give his help accustomed for matters of less moment hereunto, making it appear to be a work of his own, that others of his subjects may be induced to concur in a common cause. … I must trust to be supplied by some public helps, such as hath been had in other parts for the like cause. For the public helps the ingenious king, well exercised in all the arts of conjuring money from the coffers of unwilling subjects, had decided to have recourse to a device of proved efficiency the creation of an Order of Baronets. To the Plantation of Ulster welcome assistance had been furnished through the creation of the Order of Knights Baronets: the 205 English landowners who were advanced to the dignity of Baronets had contributed to the royal exchequer the total sum of 225,000. The Ulster creation formed the precedent that guided King James in his efforts to help Sir William Alexander.

In October, 1624, the king intimated to the Scots Privy Council that he proposed to make the colonization of Nova Scotia a work of his own, and to assist the scheme by the creation of an Order of Baronets. Both in their reply to the king and in their proclamation of 30th November, 1624, the Council emphasized the necessity of sending out colonists to Nova Scotia. The terms on which Baronets were to be created were set forth with absolute precision in the proclamation. Only those were to be advanced to the dignity who would undertake To set forth “six sufficient men, artificers or laborers sufficiently armeit, apparrelit, and victuallit for two years . . . under the pane of two thousand merkis usual money of this realm.

In addition, each Baronet so created was expected to pay Sir William Alexander one thousand merks Scottish money only towards his past charges and endeavors. But the Scottish gentry seemed as reluctant to become Nova Scotia Baronets as the Galloway peasants had been to embark on Sir William’s first expedition. When the first Baronets were created six months after the Proclamation of the Council, the conditions of the grant were modified in certain very essential respects. The terms on which, for example, the dignity was conferred on Sir Robert Gordon of Gordonston, the first of the Nova Scotia Baronets, make it clear that the main condition of the grant was now the payment to Sir William Alexander of three thousand merks, usual money of the Kingdom of Scotland, and that the interests of the colony were safeguarded only by an undertaking on the part of Sir William Alexander to devote two thousand merks of the purchase money towards the setting forth of a colony of men furnished with necessaire provision, to be planted within the said country be the advice of the said Sir Robert Gordon and the remnant Barronets of Scotland, adventurers in the plantation of the same. To render attractive the new dignity various devices were employed.

To enter upon possession of the broad acres of his Nova Scotia territory, the baronet did not require to cross the Atlantic: he could take seisin of it on the Castlehill of Edinburgh. The king urged the Privy Council to use their influence to induce the gentry to come forward. When the precedency accorded to the baronets evoked a complaint from the lesser Scottish barons and the cause of the complainers was espoused by the Earl of Melrose, principal Secretary of Scotland, Melrose was removed from his office and replaced by Sir William Alexander. Certain recalcitrant lairds were commanded by royal letter to offer themselves as candidates for baronetcies. Yet the number of baronets grew but slowly, and the growth of the funds available for fresh colonial efforts was correspondingly slow.”

“By the summer of 1626, Sir William appeared to have hit upon the desired means, for preparations were being made for the dispatch of a colonizing expedition in the following spring. The exact nature of these means is clearly revealed in a letter of Sir Robert Gordon, the premier Nova Scotia baronet, dated from London, the 25th May, 1626. At a meeting held at Wanstead some time previously certain of the baronets had covenanted to provide two thousand merks Scots apiece for buying and rigging forth of a ship for the furtherance of the plantation of New Scotland, and for caring our men thither.”

“Early in 1627 Alexander, probably in order to dispel an uncharitable assumption that the share of the baronets’ money destined for colonial purpose was being diverted to his own use, let it be known publicly that he had fulfilled his share of the compact, ” having…prepared a ship, with ordinance, munition, and all other furniture necessary for her, as likewise another ship of great burden which lyeth at Dumbartoune.” At the same time he made a requisition to the Master of the English Ordnance for sixteen miner, four saker and six falcor, which were to be forwarded to Dumbarton. Strenuous efforts, too, were made by King Charles to further Sir William’s plans. The Scottish Treasurer of Marine was instructed to pay Sir William the £6,000 which represented the losses incurred in the former Nova Scotia expeditions, and which, despite a royal warrant, the English Exchequer either could not or would not pay him: it does not appear, however, that in this matter the Scottish authorities proved in any way more complaisant than the English officials. A week after the issue of these instructions the Earl Marischal was directed to make a selection of persons “fit to be baronets” both among “the ancient gentry,” and also among “these persons who had succeeded to good estates or acquired them by their own industry, and are generously disposed to concur with our said servant (Alexander) in this enterprise.” A month later the Privy Council were urged to use their influence “both in private and public” to stimulate the demand for baronetcies.”

“The validity of the English claim to the region the French did not admit, and despite the destruction of the “habitation” at Port Royal by Argall, the French pioneers did not abandon Acadie. One section of these pioneers, under Claude de St. Etienne, Sieur de la Tour, and his son Charles, did indeed cross the Bay of Fundy and set up a fortified post at the mouth of the Penobscot River. But de Poutrincourt’s son, Biencourt, with the rest of his company, clung to the district round Port Royal, wandering at first amid the Acadian forest, and later succeeding in rendering habitable once more the buildings that had housed the Order of Good Cheer. The death of de Poutrincourt in France in 1615, during civil commotion, left his son in possession of the Acadian seignory.”

“Not only was the district around Port Royal in effective French occupation, but on the Atlantic coast, especially in the district around Canso, there had sprung up a number of sporadic settlements, the homes principally of French and Dutch adventurers. In the presence of these adventurers one writer on Canadian history finds a convincing explanation of why Alexander’s second expedition did not attempt to form a settlement.”

“In the summer of 1629 Sir William Alexander’s eldest son, Sir William the younger, had in vessels belonging to the Anglo-Scotch Company carried a company of colonists to Acadie. On the 1st July, 1629, sixty colonists under Lord Ochiltree were landed on the eastern coast of Cape Breton Island : thereafter Alexander sailed for the Bay of Fundy and landed the remainder of the company of colonists at Port Royal. The first Scottish settlement of Nova Scotia was thus carried out in the summer of 1629.”

“The history of the Scots settlement at Port Royal during the few years of its existence (1629-1632) is exceedingly obscure… Of the incidents connected with the visit to the shores of Nova Scotia we have what is practically an official account in the Egerton Manuscript, entitled “William Alexander’s Information touching his Plantation at Cape Breton and Port Royal.” “…The said Sir William resolving to plant in that place sent out his son Sir William Alexander this spring with a colony to inhabit the same who arriving first at Cap-britton did find three ships there, whereof one being a Barque of 60 Tunnes it was found that the owner belonged to St. Sebastian in Portugal, and that they had traded there contrary to the power granted by his Majesty for which and other reasons according to the process which was formally led, he the said Sir William having chosen the Lord Oghiltrie and Monsieur de la Tour to be his assistants adjudged the barque to be lawful prize and gave a Shallop and other necessaries to trans- port her Company to other ships upon that Coast, according to their own desire, as for the other two which he found to be French ships he did no wise trouble them.

Thereafter having left the Lo. Oghiltree with some 60 or so English who went with him to inhabit there, at Cap-britton, the said Sir William went from thence directly to Port Royall which he found (as it had been a long time before) abandoned and without sign that ever people had been there, where he hath seated himself and his Company according to the warrant granted unto him by his Majesty of purpose to people that part.” No opposition was encountered from the French. Claude de la Tour (son of Monsieur de la Tour, Alexander’s ” assistant “), to whom the seignory of Port Royal had passed on the death of Biencourt, had, after having been driven in 1626 from his fort at the mouth of the Penobscot River, concentrated the remainder of the Port Royal colony at a new station which he had established at the south-eastern extremity of Acadie, in the neighborhood of Cape Sable. The Indians of Acadie entered into friendly relations with the new settlers, and during the summer Port Royal became the depot for a thriving trade in furs. When at the close of the season the company’s vessels sailed for home, Sir William Alexander remained at Port Royal to share with his colonists whatever trials the coming winter might have in store. To the hardships endured in the course of his colonial experiences has been attributed his death in the prime of manhood. With the fleet that sailed from Port Royal in the autumn of 1629 there travelled to Britain an Indian chief, the Sagamore Segipt, his wife, and his sons. The ostensible object of the chief’s journey was to do homage to the King of Britain and invoke his protection against the French. Landing at Plymouth, the Indian party broke their journey to the capital by a short stay in Somersetshire. There they were hospitably entertained. The [indigenous] took all in good part, but for thanks or acknowledgment made no sign or expression at all.

In the summer of 1630 the settlers at Port Royal received a useful reinforcement in the form of a party of colonists under the elder La Tour. Captured by Kirke in 1628, La Tour had been carried to England, and it may well have been his knowledge of Acadie combined with a complaisant disposition that soon advanced him to high favor at Court. He had sailed with Sir William Alexander the Younger to Nova Scotia in 1629. His experiences during this expedition seem to have made him decide to throw in his lot with the Scots, for soon after his return to England there were drawn up, in rough outline, on 16th October, 1629, “Articles d’accord entre le Chevalier Guillaume Alexandre, siegnr de Menstrie Lieut de la Nouvelle Ecosse en Amerique par sa Majeste de la Grande Bretagne, et le Chevalier Claude de St. Etienne, siegnr de la Tour et Claude de St. Etienne son filz et le Chevalier Guillaume Alexandre filz dudt seignr Alexandre cy dessus nome … tant pour leur assistance a la meilleure recognaissance du pays.

It was not, however, till 30th April, 1630, that the agreement between Alexander and La Tour was definitely signed. “The said Sir Claud of Estienne being present accepting and stipulating by these presents for his said son Charles now absent, so much for the merit of their persons as for their assistance in discovering better the said country.” La Tour obtained two baronies, the barony of St. Etienne and the barony of La Tour, “which may be limited between the said Kt of La Tour and his son, if they find it meet, equally.”

But neither the dignity conferred on him nor the wide stretch of territory that accompanied it appealed particularly to the said son Charles now absent. When the two ships that carried La Tour and his party to Acadie anchored off Fort St. Louis in the neighborhood of Cape Sable, La Tour found his son staunch in allegiance to France. The paternal arguments having failed to influence the Commandant of Fort St. Louis, La Tour made an attempt to storm the Fort, but was repulsed. He then sailed on to Port Royal. In the autumn of 1630 Sir William Alexander sailed for Britain, leaving in command at Port Royal Sir George Home, who in the early summer of that year had ” conveyed himself and wife and children to Nova Scotia animo remanendi.

In the summer of 1631 a fleet dispatched by the Anglo-Scottish Company landed a band of colonists and some head of cattle at Port Royal. Nor were continued evidences of royal support lacking: in the spring of 1631 the Scots Privy Council had received an assurance from the king that he was solicitous for the welfare of the Nova Scotia colony; a little later intimation was received that the furnishing of assistance to the colony would be rewarded by the grant of baronetcies.

Yet on the 10th July, 1631, Sir William Alexander, now Viscount Stirling, received from King Charles instructions to arrange for the abandonment of Port Royal: the fort built by his son was to be demolished, and the colonists and their belongings were to be removed, “leaving the bounds altogether waist and unpeopled as it was at the time when your said son landed first to plant there.

This claim on the part of the French to Port Royal stirred the Scots to remonstrance. “We have understood,” wrote the Privy Council to King Charles on 9th September, 1630, “by your Majesty’s Letter of the title pretended by the French to the Land of New Scotland : which being communicated to the states at their last meeting and they considering the benefit arising to this kingdom by the accession of these lands to this Crown and that your Majesty is bound in honor carefully to provide that none of your Majesties subjects doe suffer in that which for your Majestys service and to their great charge they have warrantably undertaken and successfully followed out, Wee have thereupon presumed by order from the States to make remonstrance thereof to your Majesty, And on their behalf to be humble supplicants, desiring your Majesty that your Majesty would be graciously pleased seriously to take to hart the maintenance of your royal right to these lands, And to protect the undertakers in the peaceable possession of the same, as being a businesses which touch your Majesty honor; the credit of this your native kingdom, and the good of your subjects interested therein, Remitting the particular reasons fit to be used for defense of your Majesty’s right to the relation of Sir William Alexander your Mas Secretary who is entrusted therewith. . .

Despite the failure of his Nova Scotia scheme, Sir William Alexander did not abandon his interest in colonial problems. In January, 1634- 1635, Sir William, now Earl of Stirling, and his son the Master of Stirling, were admitted Councilors and Patentees of the New England Company. On the 22nd April, 1635, the Earl of Stirling received from the “Council of New England in America being assembled in public Court a grant of “All that part of the Maine Land of New England aforesaid, beginning from a certain place called or known by the name of Saint Croix next adjoining to New Scotland in America aforesaid, and from thence extending along the Sea Coast into a certain place called Pemaquid, and so up the River thereof to the furthest head of the same as it tended northward, and extending from thence at the nearest unto the River of Kinebequi, and so upwards along by the shortest course which tended unto the River of Canada, from henceforth to be called and known by the name of the County of Canada. And also all that Island or Islands heretofore commonly called by the several name or names of Matowack or Long Island, and hereafter to be called by the name of the Isle of Stirling...” Sir William sent out no more colonists: he was fully occupied with the stormy politics of Old Scotland. Long Island did not change its name. But the earliest settlers on Long Island bought their lands from James Farrell, who acted as Deputy for the Earl of Stirling.

Insh, George Pratt, 1883-. Scottish Colonial Schemes, 1620-1686. Glasgow: Maclehose, Jackson & co., 1922. https://hdl.handle.net/2027/mdp.39015012259795https://www.tradeshouselibrary.org/uploads/4/7/7/2/47723681/scottish_colonial_schemes_1620-1686_~_1922.pdf

The First Charter of Virginia (1606)

charter

Though not explicitly mentioned since it hadn’t yet been claimed or founded as such, parts of Nova Scotia are included in the first charter of Virginia, the second colony of which (otherwise known as the Popham Colony) was defined as “any place upon the said coast of Virginia and America…between 38°N and 45°N latitude…all alongst the said coast of Virginia and America…towards the East and Northeast, or towards the north, as the coast lyeth, and all the islands also within one hundred miles directly over against the same sea coast.”

I believe this is at least part of the source of Thomas Jefferson’s interest in the cessions of Nova Scotia in his Notes on the State of Virginia.


JAMES, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. WHEREAS our loving and well-disposed Subjects, Sir Thorn as Gales, and Sir George Somers, Knights, Richard Hackluit, Clerk, Prebendary of Westminster, and Edward-Maria Wingfield, Thomas Hanharm and Ralegh Gilbert, Esqrs. William Parker, and George Popham, Gentlemen, and divers others of our loving Subjects, have been humble Suitors unto us, that We would vouchsafe unto them our Licence, to make Habitation, Plantation, and to deduce a colony of sundry of our People into that part of America commonly called VIRGINIA, and other parts and Territories in America, either appertaining unto us, or which are not now actually possessed by any Christian Prince or People, situate, lying, and being all along the Sea Coasts, between four and thirty Degrees of Northerly Latitude from the Equinoctial Line, and five and forty Degrees of the same Latitude, and in the main Land between the same four and thirty and five and forty Degrees, and the Islands thereunto adjacent, or within one hundred Miles of the Coast thereof;

And to that End, and for the more speedy Accomplishment of their said intended Plantation and Habitation there, are desirous to divide themselves into two several Colonies and Companies; the one consisting of certain Knights, Gentlemen, Merchants, and other Adventurers, of our City of London and elsewhere, which are, and from time to time shall be, joined unto them, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between four and thirty and one and forty Degrees of the said Latitude, alongst the Coasts of Virginia, and the Coasts of America aforesaid: And the other consisting of sundry Knights, Gentlemen, Merchants, and other Adventurers, of our Cities of Bristol and Exeter, and of our Town of Plimouth, and of other Places, which do join themselves unto that Colony, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between eight and thirty Degrees and five and forty Degrees of the said Latitude, all alongst the said Coasts of Virginia and America, as that Coast lyeth:

We, greatly commending, and graciously accepting of, their Desires for the Furtherance of so noble a Work, which may, by the Providence of Almighty God, hereafter tend to the Glory of his Divine Majesty, in propagating of Christian Religion to such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and Worship of God, and may in time bring the Infidels and Savages, living in those parts, to human Civility, and to a settled and quiet Government: DO, by these our Letters Patents, graciously accept of, and agree to, their humble and well-intended Desires;

And do therefore, for Us, our Heirs, and Successors, GRANT and agree, that the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, Adventurers of and for our City of London, and all such others, as are, or shall be, joined unto them of that Colony, shall be called the first Colony; And they shall and may begin their said first Plantation and Habitation, at any Place upon the said-Coast of Virginia or America, where they shall think fit and convenient, between the said four and thirty and one and forty Degrees of the said Latitude; And that they shall have all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the said first Seat of their Plantation and Habitation by the Space of fifty Miles of English Statute Measure, all along the said Coast of Virginia and America, towards the West and Southwest, as the Coast lyeth, with all the Islands within one hundred Miles directly over against the same Sea Coast; And also all the Lands, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Waters, Marshes, Fishings, Commoditites, and Hereditaments, whatsoever, from the said Place of their first Plantation and Habitation for the space of fifty like English Miles, all alongst the said Coasts of Virginia and America, towards the East and Northeast, or towards the North, as the Coast lyeth, together with all the Islands within one hundred Miles, directly over against the said Sea Coast, And also all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the same fifty Miles every way on the Sea Coast, directly into the main Land by the Space of one hundred like English Miles; And shall and may inhabit and remain there; and shall and may also build and fortify within any the same, for their better Safeguard and Defense, according to their best Discretion, and the Discretion of the Council of that Colony; And that no other of our Subjects shall be permitted, or suffered, to plant or inhabit behind, or on the Backside of them, towards the main Land, without the Express License or Consent of the Council of that Colony, thereunto in Writing; first had and obtained.

And we do likewise, for Us, Our Heirs, and Successors, by these Presents, GRANT and agree, that the said Thomas Hanham, and Ralegh Gilbert, William Parker, and George Popham, and all others of the Town of Plimouth in the County of Devon, or elsewhere which are, or shall be, joined unto them of that Colony, shall be called the second Colony; And that they shall and may begin their said Plantation and Seat of their first Abode and Habitation, at any Place upon the said Coast of Virginia and America, where they shall think fit and convenient, between eight and thirty Degrees of the said Latitude, and five and forty Degrees of the same Latitude; And that they shall have all the Lands, Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the first Seat of their Plantation and Habitation by the Space of fifty like English Miles, as is aforesaid, all alongst the said Coasts of Virginia and al raerica towards the West and Southwest, or towards the South, as the Coast lyeth, and all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands, Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the said Place of their first Plantation and Habitation for the Space of fifty like Miles, all alongst the said Coast of Virginia and America, towards the least and Northeast, or towards the North, as the Coast lyeth, and all the Islands also within one hundred Miles directly over against the same Sea Coast; And also all the Lands, Soils, Grounds, Havens, Ports, Rivers, Woods, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the same fifty Miles every way on the Sea Coast, directly into the main Land, by the Space of one hundred like English Miles; And shall and may inhabit and remain there; and shall and may also build and fortify within any the same for their better Safeguard, according to their best Discretion, and the Discretion of the Council of that Colony; And that none of our Subjects shall be permitted, or suffered, to plant or inhabit behind, or on the back of them, towards the main Land, without express Licence of the Council of that Colony, in Writing thereunto first had and obtained.

Provided always, and our Will and Pleasure herein is, that the Plantation and Habitation of such of the said Colonies, as shall last plant themselves, as aforesaid, shall not be made within one;hundred like English Miles of the other of them, that first began to make their Plantation, as aforesaid.

And we do also ordain, establish, and agree, for Us, our Heirs, and Successors, that each of the said Colonies shall have a Council, which shall govern and order all Matters-and Causes, which shall arise, grow, or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instructions, as shall be, in that behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy Seal of our Realm of England; Each of which Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same instructions; And shall have a several Seal, for all Matters that shall pass or concern the same several Councils; Each of which Seals, shall have the King’s Arms engraver on the one Side thereof, and his Portraiture on the other; And that the Seal for the Council of the said first Colony shall have engraver round about, on the one Side, these Words; Sigillum Regis Magne Britanniae, Franciae, & Hiberniae; on the other Side this Inscription round about; Pro Concilio primae Coloniae Virginiae. And the Seal for the Council of the said second Colony shall also have engraven, round about the one Side thereof, the aforesaid Words; Sigillum Regis Magne Britanniae, Franciae, & Hiberniae; and on the other Side; Pro Concilio primae Coloniae Virginiae:

And that also there shall be a Council, established here in England, which shall, in like manner, consist of thirteen Persons, to be for that Purpose, appointed by Us, our Heirs and Successors, which shall be called our Council of Virginia; And shall, from time to time, have the superior Managing and Direction, only of and for all Matters that shall or may concern the Government, as well of the said several Colonies, as of and for any other Part or Place, within the aforesaid Precincts of four and thirty and five and forty Degrees abovementioned; Which Council shall, in like manner, have a Seal, for matters concerning the Council or Colonies, with the like Arms and Portraiture, as aforesaid, with this inscription, engraver round about on the one Side; Sigillum Regis Magne Britanniae, Franciae, & Hiberniae; and round about on the other Side, Pro Concilio fuo Virginiae.

And moreover, we do GRANT and agree, for Us, our Heirs and Successors; that that the said several Councils of and for the said several Colonies, shall and lawfully may, by Virtue hereof, from time to time, without any Interruption of Us, our Heirs or Successors, give and take Order, to dig, mine, and search for all Manner of Mines of Gold, Silver, and Copper, as well within any Part of their said several Colonies, as of the said main Lands on the Backside of the same Colonies; And to HAVE and enjoy the Gold, Silver, and Copper, to be gotten thereof, to the Use and Behoof of the same Colonies, and the Plantations thereof; YIELDING therefore to Us, our Heirs and Successors, the fifth Part only of all the same Gold and Silver, and the fifteenth Part of all the same Copper, so to be gotten or had, as is aforesaid, without any other Manner of Profit or Account, to be given or yielded to Us, our Heirs, or Successors, for or in Respect of the same:

And that they shall, or lawfully may, establish and cause to be made a Coin, to pass current there between the people of those several Colonies, for the more Ease of Traffick and Bargaining between and amongst them and the Natives there, of such Metal, and in such Manner and Form, as the said several Councils there shall limit and appoint.

And we do likewise, for Us, our Heirs, and Successors, by these Presents, give full Power and Authority to the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfeld, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of them, and to the said several Companies, Plantations, and Colonies, that they, and every of them, shall and may, at all and every time and times hereafter, have, take, and lead in the said Voyage, and for and towards the said several Plantations, and Colonies, and to travel thitherward, and to abide and inhabit there, in every the said Colonies and Plantations, such and so many of our Subjects, as shall willingly accompany them or any of them, in the said Voyages and Plantations; With sufficient Shipping, and Furniture of Armour, Weapons, Ordinance, Powder, Victual, and all other things, necessary for the said Plantations, and for their Use and Defence there: PROVIDED always, that none of the said Persons be such, as shall hereafter be specially restrained by Us, our Heirs, or Successors.

Moreover, we do, by these Presents, for Us, our Heirs, and Successors, GIVE AND GRANT Licence unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thornas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of the said Colonies, that they, and every of them, shall and may, from time to time, and at all times forever hereafter, for their several Defences, encounter, expulse, repel, and resist, as well by Sea as by Land, by all Ways and Means whatsoever, all and every such Person or Persons, as without the especial Licence of the said several Colonies and Plantations, shall attempt to inhabit within the said several Precincts and Limits of the said several Colonies and Plantations, or any of them, or that shall enterprise or attempt, at any time hereafter, the Hurt, Detriment, or Annoyance, of the said several Colonies or Plantations:

Giving and granting, by these Presents, unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thornas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their Associates of the said second Colony, arid to every of them, from time to time, and at all times for ever hereafter, Power and Authority to take and surprise, by all Ways and Means whatsoever, all and every Person and Persons, with their Ships, Vessels, Goods, and other Furniture, which shall be found trafficking, into any Harbour or Harbours, Creek or Creeks, or Place, within the Limits ok Precincts of the said several Colonies and Plantations, not being of the same Colony, until such time, as they, being of any Realms, or Dominions under our Obedience, shall pay, or agree to pay, to the Hands of the Treasurer of that Colony, within whose Limits and Precincts they shall so traffick, two and a half upon every Hundred, of any thing so by them trafficked, bought, or sold; And being Strangers, and not Subjects under our Obeysance, until they shall pay five upon every Hundred, of such Wares and Merchandises, as they shall traffick, buy, or sell, within the Precincts of the said several Colonies, wherein they shall so traffick, buy, or sell, as aforesaid; WHICH Sums of Money, or Benefit, as aforesaid, for and during the Space of one and twenty Years, next ensuing the Date hereof, shall be wholly emploied to the Use, Benefit, and Behoof of the said several Plantations, where such Traffick shall be made; And after the said one and twenty Years ended, the same shall be taken to the Use of Us, our Heires, and Successors, by such Officers and Ministers as by Us, our Heirs, and Successors, shall be thereunto assigned or appointed.

And we do further, by these Presents, for Us, our Heirs and Successors, GIVE AND GRANT unto the said Sir Thomas Gates, Sir George Sommers, Richard Hackluit, and Edward-Maria Wingfield, and to their Associates of the said first Colony and Plantation, and to the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their Associates of the said second Colony and Plantation, that they, and every of them, by their Deputies, Ministers, and Factors, may transport the Goods, Chattels, Armour, Munition, and Furniture, needful to be used by them, for their said Apparel, Food, Defence, or otherwise in Respect of the said Plantations, out of our Realms of England and Ireland, and all other our Dominions, from time to time, for and during the Time of seven Years, next ensuing the Date hereof, for the better Relief of the said several Colonies and Plantations, without any Customs, Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be yielded or payed for the same.

Also we do, for Us, our Heirs, and Successors, DECLARE, by these Presents, that all and every the Persons being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their children, which shall happen to be born within any of the Limits and Precincts of the said several Colonies and Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions.

Moreover, our gracious Will and Pleasure is, and we do, by these Presents, for Us, our Heirs, and Successors, declare and set forth, that if any Person or Persons, which shall be of any of the said Colonies and Plantations, or any other, which shall trick to the said Colonies and Plantations, or any of them, shall, at any time or times hereafter, transport any Wares, Merchandises, or Commodities, out of any of our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any of the said Colonies and Plantations, and yet nevertheless, being at Sea, or after he hath landed the same within any of the said Colonies and Plantations, shall carry the same into any other Foreign Country, with a Purpose there to sell or dispose of the same, without the Licence of Us, our Heirs, and Successors, in that Behalf first had and obtained; That then, all the Goods and Chattels of such Person or Persons, so offending and transporting together with the said Ship or Vessel, wherein such Transportation was made, shall be forfeited to Us, our Heirs, and Successors.

Provided always, and our Will and Pleasure is, and we do hereby declare to all Christian Kings, Princes, and States, that if any Person or Persons which shall hereafter be of any of the said several Colonies and Plantations, or any other, by his, their, or any of their Licence and Appointment, shall, at any Time or Times hereafter, rob or spoil, by Sea or Land, or do any Act of unjust and unlawful Hostility to any the Subjects of Us, our Heirs, or Successors, or any the Subjects of any King, Prince, Ruler, Governor, or State, being then in League or Amitie with Us, our Heirs, or Successors, and that upon such Injury, or upon just Complaint of such Prince, Ruler, Governor, or State, or their Subjects, We, our Heirs, or Successors, shall make open Proclamation, within any of the Ports of our Realm of England, commodious for that purpose, That the said Person or Persons, having committed any such robbery, or Spoil, shall, within the term to be limited by such Proclamations, make full Restitution or Satisfaction of all such Injuries done, so as the said Princes, or others so complaining, may hold themselves fully satisfied and contented; And, that if the said Person or Persons, having committed such Robery or Spoil, shall not make, or cause to be made Satisfaction accordingly, within such Time so to be limited, That then it shall be lawful to Us, our Heirs, and Successors, to put the said Person or Persons, having committed such Robbery or Spoil, and their Procurers, Abettors, and Comforters, out of our Allegiance and Protection; And that it shall be lawful and free, for all Princes, and others to pursue with hostility the said offenders, and every of them, and their and every of their Procurers, Aiders, abettors, and comforters, in that behalf.

And finally, we do for Us, our Heirs, and Successors, and agree, to and with the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, and all others of the said first colony, that We, our Heirs and Successors, upon Petition in that Behalf to be made, shall, by Letters Patent under the Great Seal of England, GIVE and GRANT unto such Persons, their Heirs and Assigns, as the Council of that Colony, or the most part of then, shall, for that Purpose, nominate and assign all the lands, Tenements, and Hereditaments, which shall be within the Precincts limited for that Colony, as is aforesaid, To BE HOLDEN of Us, our heirs and Successors, as of our Manor at East-Greenwich, in the County of Kent, in free and common Soccage only, and not in Capite:

And do in like Manner, Grant and Agree, for Us, our Heirs and Successors, to and with the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and all others of the said second Colony, That We, our Heirs, and Successors, upon Petition in that Behalf to be made, shall, by Letters-Patent, under the Great Seal of England, GIVE and GRANT, unto such Persons, their Heirs and Assigns, as the Council of that Colony, or the most Part of them, shall for that Purpose nominate and assign, all the Lands, Tenements, and Hereditaments, which shall be within the Precincts limited for that Colony, as is aforesaid, To BE nodded of Us, our Heires, and Successors, as of our Manor of East-Greenwich, in the County of Kent, in free and common Soccage only, and not in Capite.

All which Lands, Tenements, and Hereditaments, so to be passed by the said several Letters-Patent, shall be sufficient Assurance from the said Patentees, so distributed and divided amongst the Undertakers for the Plantation of the said several Colonies, and such as shall make their Plantations in either of the said several Colonies, in such Manner and Form, and for such Estates, as shall be ordered and set down by the Council of the said Colony, or the most part of them, respectively, within which the same Lands, Tenements, and Hereditaments shall lye or be; Although express Mention of the true yearly Value or Certainty of the Premises, or any of them, or of any other Gifts or Grants, by Us or any of our Progenitors or Predecessors, to the aforesaid Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, or any of them, heretofore made, in these Presents, is not made; Or any Statute, Act, Ordinance, or Provision, Proclamation, or Restraint, to the contrary hereof had, made, ordained, or any other Thing, Cause, or Matter whatsoever, in any wise notwithstanding. IN Witness whereof, we have caused these our Letters to be made Patent; Witness Ourself at Westminster, the tenth Day of April, in the fourth Year of our Reign of England, France, and Ireland, and of Scotland the nine and thirtieth.

LUKIN

Per breve de private Sigillo.

Thorpe, Francis Newton. “The Federal and State constitutions: colonial charters, and other organic laws of the States, territories, and Colonies, now or heretofore forming the United States of America” Washington : Govt. Print. Off. 1909. https://archive.org/details/federalstatecons07thor/page/n5/mode/2up

The Development of Public Health in Nova Scotia

Throughout the history of Nova Scotia, epidemics and infectious diseases have been recurring challenges, shaping legislation and public health measures. From as early as Champlain’s account of scurvy in 1606 to the smallpox outbreaks in the 18th and 19th centuries, diseases like smallpox, cholera, and typhus have had significant impacts on the region’s population.

Similarities can be drawn between past responses to epidemics and the modern approach to managing COVID-19. Social distancing measures, such as quarantine and isolation, were enforced through legislation dating back to the 18th century. Centralized decision-making, often led by governmental bodies or health officials, played a crucial role in implementing and enforcing these measures. For instance, laws were passed to regulate the entry of infected vessels into ports, mandate quarantine procedures, and appoint health officers to oversee public health initiatives.

Over time, legislation evolved to address specific diseases and public health challenges. Measures included the establishment of quarantine stations, vaccination programs, and the creation of boards of health to oversee public health initiatives at the local and provincial levels.


“Disaster is frequently the parent of legislation. In surveying the long history of Nova Scotia, we find this saying particularly true.”

“The first recorded instance of illness in Nova Scotia is the account of Champlain of an outbreak of scurvy at Port Royal in 1606. His group of settlers had spent the winter of 1605 at St. Croix Island, where, of a group of seventy-nine, forty-four died of scurvy. In Port Royal in the following year twelve of forty-five died.”

“Of all the epidemics, that of smallpox carried with it the greatest destruction and terror. In 1694 an epidemic was present among the [Mi’kmaq] of Acadia, but we have no knowledge of the number dying as a result. We may be sure it was large, however…”

“There was again an outbreak in Acadia in 1709 where there is evidence to suggest that the disease was of the hemorrhagic type. It was present in Louisburg in 1749. In October of the same year, a few months after the founding of Halifax, it broke out in this settlement. It was particularly destructive in type and during the autumn and winter months about one thousand persons died.”

“In 1801 we find it again in Nova Scotia and there is definite evidence that it was present the previous year. The total number of deaths in 1800 was one hundred and eighty-two, of which one hundred and thirty-eight contracted the disease in the ordinary manner and fourty-four by direct inoculation. In the epidemic of 1801, there were over 8,500 cases in and about Halifax of which accounts are scanty.

The early records indicate that a large number of persons were immunized by inoculation. Vaccination with cowpox was first used in Nova Scotia in the early spring of 1802 by Dr. Joseph Norman Bond of Yarmouth, Nova Scotia.”

“A terrible epidemic, that was in all probability typhus, prevented a successful French invasion in the summer of 1746. A fleet of seventy sailing vessels, having on board 3,150 disciplined troops under the command of the Duc D’Anville, was sent from France to join a force of 1,700 French troops in Nova Scotia. The expedition was to first take Annapolis Royal and then Boston, proceeding thereafter to the West Indies. The fleet arrived in Halifax Harbor, or as it was then known, Chebucto Harbor, ninety days after leaving France. During the voyage, 1,270 men had died and the remainder were ill. The Canadian force had, in the meantime, grown tired of waiting and had retraced its steps to Quebec. After landing the troops an additional number, probably about 1,200, died. The [Mi’kmaq] who approached the camp on the shore of Bedford Basin contracted the disease and in the months following, it is estimated that at least one third of the whole [Mi’kmaq] tribe in the province died.”

“On September 7, 1827, the brig “Fame” arrived in Halifax with 130 persons on board ill with typhus. Smallpox was prevalent in the city at the same time. There was a great loss of life from the two diseases. A large number of deaths were amongst the poor. Some 800 persons of the 11,000 inhabitants died. From Halifax the disease spread to other parts of the province. The first mention of cholera in Nova Scotia is in 1834. It continued for two or three months, particularly in Halifax and about twenty persons died daily.”

“In 1854 a severe epidemic of cholera broke out in Saint John, New Brunswick. It fortunately did not reach Halifax, but its proximity brought such anxiety to the minds of the legislators of that day that as a direct result a City Hospital was built. This afterwards became in turn the City and Provincial Hospital, and the Victoria General Hospital.”

“A ship arrived at Halifax with cholera on board in 1866. Dr. Slater of Halifax, one of those who went on board to care for the victims, died as a result of the disease. It does not appear that an outbreak followed. In 1871 the steamship “Franklyn” came to Halifax with cholera on board. The disease was carried ashore to Chezzetcook, on the coast east of Halifax, where two deaths occurred. So far as is known this was the extent of its spread.”

“Since 1749 various outbreaks of the infectious fevers, particularly scarlet fever and diphtheria, have occurred throughout the province. Diphtheria was particularly fatal amongst children. As these diseases were almost endemic, the public grew used to them and they did not strike the same terror into the populace as those brought by ships. It was the old story of an evil that became tolerated and as a result, public records contain little reference to the ordinary infectious diseases.”

“As previously mentioned, legislation, often temporary, was enacted from time to time following the appearance of epidemic diseases. While there is little doubt that the medical profession from time to time played a part, a great deal Of credit must be given the official bodies of Government for their efforts to meet the recurring dangers.

A perusal of the Uniacke Edition of the Statutes (1758 to 1804) of Nova Scotia, reveals that in the year 1761 an Act was passed which provided that vessels entering the port of Halifax with an infected person or infected persons on board, must anchor at least two miles from town, having an ensign with the Union down at her mast head; no persons were to land and the master was to give notice to the Governor and conform to his orders. Before infected persons were landed, the master was required to give security to pay attending charges; masters violating this Act were to forfeit 100 pounds, to be recovered in a court of record. In other towns one or more of the nearest justices were charged with the responsibility of preventing persons landing from or going on board infected vessels and of transmitting intelligence to the Governor for instructions.

In 1775 authority was given to two justices and the overseers of the poor to make provision for the care of persons coming from infected places and of local persons infected. If such persons were unable to pay the incidental expenses, the town of residence was made liable; if strangers, the charge was to be recovered from the Provincial Treasury.

Provision was made for “inoculating” such persons as desired it against smallpox in houses 160 rods from any dwelling. During the period of resulting illness they were not allowed to go farther than 80 rods from the inoculation houses and flags were to be flown on the premises in order that others might avoid the places.

In 1779 reference is made to the neighboring States of America having been, for several years, visited by yellow fever or “Putrid Fever” or other “Infectious Distempers” and as a consequence, the desirability of requiring persons coming from infected places to “perform” quarantine in such manner as may be ordered by the Governor, Lieutenant Governor or Commander in Chief for the time being and “for punishing offenders in a more expeditious manner than can be done by the ordinary course of law”. The Governor, Lieutenant Governor or Commander in Chief was given authority and was obliged to appoint during pleasure, health officers in all counties and districts of the province ; such officers, duly sworn, were to be paid out of the provincial treasury a reasonable sum for services rendered upon presentation of the accounts to the General Assembly. The 1799 legislation was quite drastic and gave wide powers to the Governor, Lieutenant Governor or Commander in Chief and health officers, to compel quarantine, to punish offenders, to use force if necessary, and to burn or purify goods, wearing apparel, beds, etc. It was provided that “two justices, with the overseers of the poor, where authorized by Governor’s proclamation and after consulting skillful persons, might make provision for treating persons, storing and airing goods on vessels, for removing persons and goods to houses, tents or lazarets appointed for the purpose”. “Skillful persons” as defined in the Act, meant “one or more physicians, surgeons, apothecaries or other skillful persons living in or near the place.” Persons refusing to conform were liable to imprisonment for 6 months or a fine of 50 pounds. “Persons concealing from health officers or emerging letters or goods from a vessel, shall be guilty of a felony, without benefit of clergy”. “Governor’s orders respecting quarantine to be published by proclamation and read the first Sunday in every month in places of public worship.”

In 1809 legislation was enacted which obliged persons within the “town” of Halifax, to keep gutters and streets before their houses, buildings or lots, clear of dirt, filth and nuisances of all kinds. A fine of 20 shillings was imposed on anyone permitting such nuisances and the expenses incurred in removing them.

On the 14th day of April, 1832, two important pieces of public health legislation were placed upon the Statute books of the province. Both appear to demonstrate how apprehensive the authorities of that time were respecting the spread of communicable diseases and particularly their desire to prevent the entry of these from without. By their introduction all previous legislation on the same subject was repealed. One was termed “An Act to prevent the spreading of contagious diseases and for the performance of quarantine” and the other “An Act more effectually to provide against the introduction of infectious or contagious diseases and the spreading thereof in the province”.

The first Act provided for quarantine at definite anchorage points of all vessels coming from ports declared to be infected by the Governor-in-Council. Plague, smallpox, yellow fever, typhus and cholera morbus were mentioned. Power was given the chief officers of the crown to make orders dealing with any health emergency which might arise. Masters of infected vessels were required to report their state and to hoist signals when meeting other vessels, or when within two leagues of land; the day signal—”a large yellow flag of six breadths of bunting at the main top mast head”, and the night large signal lantern, with a light therein at the same mast head”. Penalties up to 200 pounds could be imposed for disobedience or refractory behavior. Provision was made for appointing health officers, superintendents of quarantine and assistants at the several ports, by the Governor.

In the second Act reference is made to a highly dangerous disease called “Cholera” or “Spasmodia” or “Indian Cholera”, which had prevailed on the continent of Europe and in Great Britain. Power was given the Governor to appoint, when expedient, at the several ports of the province, not only health officers, but boards of health for “carrying out and enforcing regulations made by the Governor-in-Council and generally to preserve the public health.” Sweeping powers were given the chief officers of the Crown to make regulations in emergencies.

All ships entering port were required to anchor at quarantine and remain there until boarded by a health officer and given a permit, which permit had to be shown the customs officer. Fees for the health officer’s services in this particular were collected from the masters by the customs officers and paid to the health officers; such fees were fixed by the Governor-in-Council.

This Act also gave the Governor power to appoint “Health Wardens” in Halifax and Justices of the Peace authority to appoint such wardens in any county or district of the province, the wardens to act gratuitously and to be sworn to the due performance of their duties. Wardens were required to examine in day time, as often as they deemed necessary, all houses, buildings, lots, stores, wharves, yards, enclosures and other places and all vessels and boats lying at any place in the province and to ascertain and report to the Governor, or such other persons as might be appointed to receive such reports, “the state and condition of all such buildings, places and vessels in regard to any substances, articles or animals there or therein being, or any trade or business, matter or thing there or therein used, followed or transacted, whereby or by means whereof any nuisance might be occasioned or the public health might be endangered or affected”. The wardens were given power to order the removal of all nuisances and to order any premises “lime washed”, disinfected or “purified”. Penalties of 5 to 100 pounds could be imposed for any infringement of the act.

The two Acts just referred to were to be in force for one year. From this time on and for many years both Acts were, at each session of the legislature. continued for another year.

Chapter 71 of the Acts of 1833 made provision for the destroying. by any constable, of dogs by whose bite the disease “Canine Madness” might be occasioned. Two Justices of the Peace were empowered to make and put into execution such rules and regulations as they thought proper to prevent dogs or other animals, by whose bite the disease “Canine Madness” might be caused, going at large and to destroy them if necessary.

In the year 1850 authority was vested in general sessions of the Peace, or special sessions, consisting of not less than seven magistrates on requisition of the Board of Health, or whenever they considered such measures necessary to prevent the spread of smallpox, to order a general vaccination of persons in a county or district, or any portion thereof ; persons unable to pay to be vaccinated at the expense of the county or district concerned.

On April 8, 1852, a statute was passed empowering the Governor-in-Council to select a site and erect a building for a lunatic asylum.

On the 28th day of March, 1861, legislative enactment was given for the incorporation of the Medical Society of Nova Scotia. In the act of incorporation, the following were named : Rufus S, Black, James C. Hume, Edward Jennings, Daniel McNeil Parker and William B. Webster.

In the year 1862 legal provision was made for the appointment of a medical officer for the City of Halifax by the Board of Health of the City. This medical officer was not to interfere with the health officer for the port of Halifax, appointed by the Provincial Government. The city medical officer was to be under the control and subject to the orders of the Board of Health. He was given power to remove from dwellings in the city, or from boats at wharves within the city, persons having infectious diseases. If the sick persons should not, in his opinion be taken out, then the other occupants could, by him, be removed. He was also authorized to call in consultants; such consultants to be paid out of city funds. In the following year (1863) it was enacted that hereafter the mayor and aldermen of the City of Halifax should constitute the Board of Health of the city and any Acts previously passed and inconsistent with this ruling were thereby repealed.

Three years later (1866) provision was made for the establishment of a quarantine station at the port of Halifax. That Act empowered the Governor to expend $30,000.00 for the purchase of a site and the erection of a hospital, the City of Halifax having agreed to bear one-third of the expenses of the site and the building. Persons within the city having infectious diseases were to be eligible for treatment in and subject to removal to this station. All vessels over 100 tons burden entering the port were made liable to a fee of one cent per ton towards the expenses of maintaining such quarantine station and hospital. Mail steamers were required to pay this fee once a year. Vessels sent into quarantine with infectious diseases were held responsible for all expenses on account of crew or passengers aboard suffering from such diseases.

On the 7th day of May, 1866, an Act to provide against the introduction of diseases amongst horses and cattle was passed. The Governor-in-Council was given the power to make regulations respecting the introduction of such diseases in horses, cattle, sheep and swine and for the destruction of the animals should these diseases be introduced.

In the same year the mayor and all aldermen in the City of Halifax were made “Health Wardens” with power to expend money in sums found necessary to cleanse, purify and keep clean all sewers, drains, yards and places, or to carry into effect all sanitary orders of the Board of Health or health wardens in the interests of the public health.

Legislative authority in the year 1875 more clearly defined the duties of the city medical officer and the office of surgeon to the city prison was abolished. The following duties were imposed upon the city medical officer:

  • 1. “To perform services heretofore performed by the City Medical Offcer and prison surgeon”.
  • 2. “Act as medical advisor to the Board of Health, the City Council and the Health Inspectors,”
  • 3. ‘Visit City Policemen and other city offcials absent from duty on the plea of ill health and report to proper authority”.
  • 4. “To attend policemen, firemen or other city officials gratuitously, also persons brought to the police station”.
  • 5. “Vaccinate free of charge such persons as the Board of Health may determine”.
  • 6. ‘Visit and report upon cases of contagious disease brought to his notice”.
  • 7. “Generally to perform all such duties as may be reasonably required or prescribed by the Board of Health or City Council”.

In 1832 a Central Board of Health was established for the province. The President was the Honourable Henry H. Cogswell. Vice-Presidents were Doctors Allan and Johnston. Members were the Attorney-General; the Solicitor- General James Foreman, Esq., Doctors Shoreland, Hume, Sterling and Gregor and William Cogswell, Esq. The last named was the Secretary of the Board. This Central Board was given power to make and enforce regulations, to prevent spread of disease and to regulate the observance of quarantine. At the same time, local Boards were established in various places throughout the province, each having the same authority as the Central Board and each required to report its proceedings to the Central authority. At this time, Boards were named at Digby, Arichat, Lunenburg, Liverpool, Yarmouth, Windsor and Annapolis. There was some indication also that County Boards for Pictou, Hants, Kings, Cumberland and Antigonish were established.

A quarantine hospital was opened in Halifax and Dr. James C. Hume was appointed Health Officer with a “salary of twenty pounds a month while employed, with reasonable allowances for expenses.”

In 1851 all previous legislation relating to public health was consolidated. The Central Board apparently ceased to exist about this time and enforcements of quarantine and the administration of public health were vested in the Governor-in-Council, who had authority to “make quarantine orders applicable to vessels, goods, persons and things being within the province or expected hither from abroad ; to make sanitary orders to cover any special conditions that might arise; to appoint persons at the several ports of the province to act as health officers therefor; to establish at any place a Board of Health for carrying such sanitary orders into effect ; and to prescribe the duties of health officers and Boards of Health”. Health inspectors were to be appointed at general or special court sessions and in Halifax and other parts of the province health wardens were appointed.

The legislation of 1851 remained almost without change until 1873. At this time, some change was made with reference to executive officials and the requirements added that a yellow flag should be displayed on the premises where small-pox or “malignant cholera” prevailed. After 1884 the appointment of health wardens was made by the municipal councils instead of by the courts. In 1893 a Central Board of Health was established as a central organization.”

CAMPBELL, P. S., and H. L. SCAMMELL. “The Development of Public Health in Nova Scotia.” Canadian Public Health Journal, vol. 30, no. 5, 1939, pp. 226–238. JSTOR, www.jstor.org/stable/41977931. Accessed 27 Jan. 2021. https://www.jstor.org/stable/41977931?seq=1

Settlement previous to 1749

census 1688

From The Story of Dartmouth, by John P. Martin:

Dartmouth, long before the European explorers and colonizing forces, had a 7,000 year history of occupation by the [Mi’kmaq]. The [Mi’kmaq] annual cycle of seasonal movement; living in dispersed interior camps during the winter, and larger coastal communities during the summer; meant there were no permanent communities in the Euro-centric sense, but Dartmouth was clearly a place frequented by [Mi’kmaq] for a very long time. Whether it was the Springtime smelt spawning in March; the harvesting of spawning herring, gathering eggs and hunting geese in April; the Summer months when the sea provided cod and shellfish, and coastal breezes that provided relief from irritants like blackflies and mosquitos, or during the autumn and its eel season; Dartmouth with its lakes and rivers, both breadbasket and transport route back and forth to the interior, was a natural place for the [Mi’kmaq] to spend their non-winter months.

A fascinating look into what Nova Scotia and Atlantic Canada could’ve looked like, from the end of the ice age at 19,000 BCE, until present. By 12,000 BCE, this model shows Cape Cod extending much further into the ocean than it does at present, along what is now Brown’s bank, a ridge which more or less stretches all the way to Sable Island along the continental shelf. A sea level 300 feet lower than it is today was enough to create a kind of land bridge to the parts of western and central Nova Scotia no longer under ice, the Bay of Fundy looking like it was an inshore repository for glacial meltwater until sea levels rose. This could’ve allowed for human exploration and settlement in what is now known as Nova Scotia previous to the retreat of the ice sheet in full.

By 10,000 BCE most of the ice had retreated, which squares with the earliest artifacts found in the area, such as at Debert, which date to the same general period, if not previous to that. That sea levels had risen one hundred feet in this two thousand year period might be instructive as to why artifacts are few and far between from this period, many of the settlements, if coastal, would have long ago been lost to the sea. Assuming the artifacts found (at Debert and Belmont) were not from nomadic hunters, and that this model is somewhat accurate, Nova Scotia could have been settled for 10,000 years or more.

Source: https://web.archive.org/web/20210807155606/https://sos.noaa.gov/catalog/datasets/blue-marble-sea-level-ice-and-vegetation-changes-19000bc-10000ad/, https://web.archive.org/web/20130219202242/https://sos.noaa.gov/Docs/bluemarble3000h.kmz

A census of the district of Acadia taken in 1687-1688 attributed to de Gargas shows Chebucto had 1 French family consisting of a man, wife and son; that there were 7 Mi’kmaw men, 7 Mi’kmaw women and 19 Mi’kmaw children, “36 souls” in total. 1 French house, 7 Mi’kmaw homes, 3 guns, 1/2 acre of improved land.

census 1688
Source: https://dalspace.library.dal.ca/bitstream/handle/10222/15754/MS-6-13A1_DeGargas_Census.pdf?sequence=1
carteacadie6 map
“Chibouctou: https://cityofdartmouth.ca/carte-particuliere-de-la-coste-daccadie/
Source: “Recensements d’Acadie (1671-1752)”, (info), http://139.103.17.56/cea/livres/doc.cfm?livre=recensements, http://139.103.17.56/cea/livres/doc.cfm?retour=R0231&ident=R0040

The St. Malo fishermen who were located at Sambro and at Prospect in the days of French ownership, must often have run to the inner harbor either to dry fish on our long beaches, or to barter furs with the natives who were always their allies. On the Dartmouth side of the harbor, geographical conditions were far more favorable for congregating, with three voluminous streams of never-failing fresh water flowing down to the estuaries of the two little bays, both later known as Mill Cove.

Besides that, there was an abundance of shell fish available at low tide, along with lobsters, crabs, sea-trout, salmon, halibut, codfish, and haddock, with the usual runs of herring and mackerel in warm weather. The woods teemed with wild life. Partridge roosted on trees, moose and deer roamed the forest, and wedges of wild fowl honked high overhead.

The evidence already submitted that the [Mi’kmaq] resorted to the Cove, is borne out by the description of Cobequid (Truro district) by Paul Mascarene about 1721, where he states that “there is communication by a river from Cobequid to Chebucto”. This Implies that the Shubenacadie route had long been in use. Engineer Cowie, after studying several harbor sites for Ocean Terminals a hundred years ago was of the opinion that Chebucto had been used as a trading post over a century before its permanent settlement.

In 1701, when M. Brouillan the newly appointed French Governor, came here from Newfoundland to rule Acadia, he went overland from Chebucto to Port Royal. This is in Murdoch’s History. Dr. Thomas H. Raddall, in his bicentennial story of Halifax, thinks that on this occasion, [Mi’kmaq] transported the Governor by the well-known canoe route of Dartmouth Lakes. (One can’t imagine a viceregal party trudging over a rough black-flied trail from Bedford to Windsor, or portaging through the shallow rivers of that section of country).

One of the early sketches of Dartmouth side is preserved at the N.S. Archives. It is a detailed drawing of the whole shore and harbor, showing the depth of water from the Eastern Passage to the head of the Basin, done by the French military engineer De Labat in 1711.

The indentations of the various inlets seem quite accurate. The soundings must have occupied a full summer, and the work was no doubt done from small boats; otherwise his large vessel would have butted such shoals as Shipyard Point and the one off shore at Queen Street.

dartmouth map

Not sure whether this is the 1711 map Martin attributes to De Labat but it is detailed, especially as it relates to the Dartmouth Cove, and it contains a number of soundings as he describes. From: “Plan de la rivière de Seine et en langage accadien Chibouquetou” http://gallica.bnf.fr/ark:/12148/btv1b53089940v/f1.item.r=halifax.zoom

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