The history of the colony of Massachusetts Bay, from the first settlement thereof in 1628, until its incorporation…in 1691

Not just any old moldering title, but that of the second last royalist governor of Massachusetts, Thomas Hutchinson. Written in 1765, at a time when all of the colonies were kindred, just previous to the implementation of the Stamp Act. Although specifically written on the history of Massachusetts, that Nova Scotia was once affixed ensures the inclusion of numerous details.


It is observable that all the colonies, before the reign of King Charles the second, Maryland excepted, settled a model of government for themselves. Virginia had been many years distracted under the government of presidents and governors, with councils in whose nomination or removal the people had no voice, until in the year 1620 a house of burgesses broke out in the colony; the King nor the grand council at home not having given any powers or directions for it.

— The governor and assistants of the Massachusetts at first intended to rule the people, and, as we have observed, obtained their consent for it, but this lasted two or three years only; and although there is no colour for it in the charter, yet a house of deputies appeared suddenly, in 1634, to the surprize of the magistrates and the disappointment of their schemes for power. — Connecticut soon after followed the plan of the Massachusetts. — New-Haven, altho’ the people had the highest reverence for their leaders and for near 30 years in judicial proceeding submitted to the magistracy (it must however be remembered that it was annually elected) without a jury, yet in matters of legislation the people, from the beginning, would have their share by their representatives. — New Hampshire combined together under the same form with Massachusetts, — Lord Say tempts the principal men of the Massachusetts, to make them and their heirs nobles and absolute governors of a new colony; but, under this plan, they could find no people to follow them. — Barbadoes and the leeward islands, began in 1625, struggled under governors and councils and contending proprietors for about 20 years. Numbers suffered death by the arbitrary sentences of courts martial, or other acts of violence, as one side or the other happened to prevail. At length, in 1645, the assembly was called, and no reason given but this, viz. That, by the grant to the Earl of Carlisle, the inhabitants were to enjoy all the liberties, privileges and franchises of English subjects, and therefore, as it is also expressly mentioned in the grant, could not legally be bound or charged by any a without their own consent. This grant, in 1627, was made by Charles the first, a Prince not the most tender of the subjects liberties. After the restoration there is no instance of a colony settled without a representative of the people, nor any attempt to deprive the colonies of this privilege, except in the arbitrary reign of King James the second. The colonies, which are to be settled in the new acquired countries, have the fullest assurance, by his Majesty’s proclamation, that the same form of government shall be established there. Perhaps the same establishment in Canada, and the full privileges of British subjects conferred upon the French inhabitants there, might be the means of firmly attaching them to the British interest; and civil liberty tend also to deliver them by degrees from their religious slavery.

The inhabitants of Acadie or Nova-Scotia lived, above forty years after the reduction of Port Royal under the government of their priests. No form of civil government was established, and they had no more affection for England than for Russia. The military authority served as a watch to prevent confederacies or combinations. The people indeed chose more or less deputies from each canton or division, but their only business seems to have been to receive orders from the governor, and to present petitions to him from the people. Temporal offences, unless enormous, and all civil controversies were ordinarily adjudged and determined by their spiritual fathers. I asked some of the most sensible of the Acadians, what punishment’s the priests could inflict to answer the ends of government. They answered me by another question. What can be a greater punishment than the forfeiture of our salvation? In no part of the Romish church the blind persuasion, of the power of the priest to save or damn, was ever more firmly riveted; and although these Acadians have, for eight years past, been scattered through the English colonies, yet I never could hear of one apostate or so much as a wavering person among them all: and if the Canadians are treated in the same manner, they will probably remain under the same infatuation.”


About this time [1644], much division and disturbance in the colony was occasioned by the French of Acadie and Nova-Scotia. It is necessary to look back upon the state of those countries. After Argall dispossessed the French in 1613, they seem to have been neglected both by English and French, until the grant to Sir William Alexander in 1621. That he made attempts and began settlements in Nova-Scotia has always been allowed, the particular voyages we have no account of. It appears from Champlain, that many French had joined with the English or Scotch, and adhered to their interest. Among the rest, La Tour was at Port Royal in 1630, where out of seventy Scots, thirty had died the winter before from their bad accommodations. La Tour, willing to be safe, let the title be in which it would, English or French, procured from the French King a grant of the river St. John, and five leagues above and five below, and ten leagues into the country; this was in 1627.

This appears from a list of the several grants made to La Tour, communicated to governor Pownall by Monsieur D’Entremont a very ancient French inhabitant of Acadie descended from La Tour, and who was removed to Boston in 1756 and died in a few years after. At the same time he was connected with the Scotch, and first obtained leave to improve lands and build within the territory, and then, about the year 1630, purchased Sir William Alexander’s title. La Tour’s title is said to have been confirmed to him under the great seal of Scotland, and that he obtained also a grant of a baronettage of Nova-Scotia. It is probable the case was not just as represented. King Charles in 1625 confirmed Alexander’s grant, under whom La Tour settled Penobscot, and all the country westward and southward, was at this time in the possession of the English. In 1632, La Tour obtained from the French King a grant of the river and bay of St. Croix and islands and lands adjacent, twelve leagues upon the sea and twenty leagues into the land. The French commissaries speak of this grant as made to Razilly.

By the treaty of St. Germains, the same year, Acadie was relinquished by the English, and La Tour became dependent upon the French alone. In 1634, he obtained a grant of the isle of Sables ; another of ten leagues upon the sea and ten into the land at La Have; another of Port Royal the fame extent; and the like at Menis, with all adjacent islands included in each grant. Razilly had the general command, who appointed Monsieur D’Aulney de Charnify his Lieutenant of that part of Acadie west of St. Croix, and La Tour of that east. In consequence of this division, D’Aulney came, as has been related, and dispossessed the English at Penobscot in the year 1635. Razilly died soon after, and D’Aulney and La Tour both claimed a general command of Acadie and made war upon one another. D’Aulney, by the French King’s letter to him in 1638, was ordered to confine himself to the coast of the Etechemins, which in all his writings he makes to be a part of Acadie. La Tour’s principal fort was at St. John’s. As their chief views were the trade with the natives, being so near together, there was a constant clashing of interest. In November 1641, La Tour sent Rochet, a protestant of Rochel, to Boston from St. John’s, with proposals for a free trade between the two colonies, and desiring assistance against D’Aulney; but not having sufficient credentials, the governor and council declined any treaty, and he returned. The next year, October 6, there came to Boston a shallop from La Tour, with his Lieutenant and 14 men, with letters full of compliment, desiring aid to remove D’Aulney from Penobscot, and renewing the proposal of a free trade. They returned without any assurance of what was principally desired, but some merchants of Boston sent a pinnace after them to trade with La Tour at the river St. John. They met with good encouragement, and brought letters to the governor, containing a large state of the controversy between D’Aulney and La Tour, but stopping at Pemaquid in their way home, they found D’Aulney upon a visit there, who wrote to the governor and sent him a printed copy of an arrêt he had obtained from France against La Tour, and threatened, that if any vessels came to La Tour he would make prize of them. The next summer (June 12) La Tour himself came to Boston, in a ship with 140 persons aboard, the matter and crew being protestants of Rochel. They took a pilot out of a Boston vessel at sea, and coming into the harbour saw a boat with Mr. Gibbon’s lady and family, who were going to his farm. One of the Frenchmen, who had been entertained at the house, knew her, and a boat being manned to invite her aboard, she fled to Governor’s island and the Frenchmen after her, where they found the governor and his family, who were all greatly surprized, as was the whole colony when they heard the news.

The town was so surprized, that they were all immediately in arms, and three shallops filled with armed men were lent to guard the governor home. Had it been an enemy, he might not only have secured the governor’s person, but taken possession of the castle opposite to the island, there not being a single man at that time to defend the place . This occasioned new regulations for the better security of the place. The castle was rebuilt in 1644, at the charge of the six neighbouring towns.

La Tour acquainted the governor, that this ship coming from France, with supplies for his fort, found it blocked up by D’Aulney his old enemy, and he was now come to Boston to pray aid to remove him. La Tour had cleared up his conduct, so as to obtain a permission under the hands of the Vice Admiral and Grand Prior, &c. for this ship to bring supplies to him, and in the permission he was stiled the King’s Lieutenant General in Acadie. He produced also letters from the agent of the company in France, advising him to look to himself and to guard against the designs of D’ Aulney. The governor called together such of the magistrates and deputies as were near the town, and laid before them La Tour’s request. They could not, consistent with the articles they had just agreed to with the other governments, grant aid without their advice; but they did not think it necessary to hinder any, who were willing to be hired, from aiding him, which he took very thankfully ; but some being displeased with these concessions, the governor called a second meeting, where, upon a more full debate, the first opinion was adhered to.

Some of the magistrates, deputies and elders, were much grieved at this proceeding. A remonstrance to the governor was drawn up and signed by Mr. Saltonstall, Mr. Bradstreet, and Mr. Symonds of the magistrates, and Mr. Nath. Ward, Ezekiel Rogers, Nathanael Rogers and John Norton of the elders ; wherein they condemn the proceeding, as impolitic and unjust, and set forth “that they should expose their trade to the ravages of D’AuIney, and perhaps the whole colony to the resentment of the French King, who would not be imposed upon by the distinction of permitting and commanding force to assist La Tour ; that they had no sufficient evidence of the justice of his cause, and in causa dubia bellum non est suscipiendum ; that La Tour was a papist attended by priests, friars. Sec. and that they were in the case of Jehoshaphat who joined with Ahab an idolater, which act was expressly condemned in scripture.

La Tour hired four ships of force, and took 70 or 80 volunteers into his pay, with which assistance he was safely landed at his fort, and D’Aulney fled to Penobscot, where he ran his vessels ashore; and although the commander of the ships refused to attack him, yet some of the soldiers joined with La Tour’s men in an assault upon some of D’Aulney’s men, who had intrenched themselves; but were obliged to betake themselves to flight, having three of their number slain. The ships returned in about two months, without any loss. The governor excused the proceeding to D’Aulney, as not having interested himself in the quarrel between them, but only permitted La Tour, in his distress, as the laws of Christianity and humanity required, to hire ships and men for his money, without any commission or authority derived from the government of the colony. D’Aulney went to France, and, being expected to return the next summer 1644, with a great force, La Tour came again to Boston, and went from thence to Mr. Endicot, who was then governor and lived at Salem, and who appointed a meeting of magistrates and ministers to consider his request. Most of the magistrates were of opinion that he ought to be relieved as a distressed neighbour, and in point of prudence, to prevent so dangerous an enemy as D’Aulney from strengthening himself in their neighbourhood; but it was finally agreed, that a letter should be wrote to D’Aulney, to enquire the reason of his having granted commissions to take their people, and to demand satisfaction for the wrong he had done to them and their confederates, in taking Penobscot, and in making prize of their men and goods at the Isle of Sables; at the same time intimating, that although these people who went the last year with La Tour, had no commission, yet if D’Aulney could make it appear they had done him any wrong (which they knew nothing of) satisfaction should be made ; and they expected he should call in all his commissions, and required his answer by the bearer. They likewise acquainted him, that their merchants had entered into a trade with La Tour, which they were resolved to support them in. La Tour being able to obtain nothing further, returned to his fort. Some of the province of Maine going this summer (1644) from Saco to trade with La Tour, or to get in their debts, put in at Penobscot in their way, and were detained prisoners a few days ; but for the fake of Mr. Shurt of Pemaquid, one of the company, who was well known to D’Aulney, they were released. La Tour afterwards prevailed upon Mr. Wanneston, another of the company, to attempt, with about twenty of La Tour’s men, to take Penobscot, for they heard the fort was weakly manned and in want of victuals. They went first to a farm house of D’Aulney ’s about six miles from the fort. They burned the the house and killed the cattle, but Wanneston being killed at the door, the rest of them came to Boston. In September, letters were received from D’Aulney informing that his master the King of France understanding that the aid allowed to La Tour, the last year, by the Massachusetts, was procured by means of a commission which he shewed from the Vice-Admiral of France, had given in charge that they should not be molested, but good correspondence should be kept with them and all the English, and that, as soon as he had settled some affairs, he intended to let them know what further com-mission he had, &c. Soon after, he lent a commissioner, supposed to be a friar, but dressed in lay habit, with ten men to attend him, with credentials and a commission under the great seal of France, and copy of some late proceedings again! La Tour, who was proscribed as a rebel and traitor, having fled out of France again against special order. The governor and magistrates urged much a reconciliation with La Tour, but to no purpose. La Tour pretended to be a Huguenot, or at least to think favourably of that religion, and this gave him a preference in the esteem of the colony to D’Aulney; but as D’Aulney seemed to be established in his authority, upon proposals being made by him of peace and friendship, the following articles were concluded upon, viz,. The agreement between John Endicott, Esq; governor of New-England, and the rest of the magistrates there, and Monsieur Marie commissioner of Monsieur D’Aulney, Knt. governor and lieut. general for his Majesty the King of France in Acadie, a province of New France, made and ratified at Boston in the Massachusetts aforesaid, October 8, 1644.

“The Governor and all the rest of the magistrates do promise to Mr. Marie, that they, and all the rest of the English within the jurisdiction of the Massachusetts, shall observe and keep firm peace with Monsieur D’Aulney, &C. and all the French under his command in Acadie. And likewise, the said M. Marie doth promise in the behalf of Monk D’Aulney, that he and all his people shall also keep firm peace with the governor and magistrates aforesaid, and with all the inhabitants of the jurisdiction of the Massachusetts aforesaid; and that it shall be lawful for all men, both the French and English to trade with each other , so that if any occasion of offence should happen, neither part shall attempt any thing against the other in any hostile manner, until the wrong be first declared and complained of, and due satisfaction not given. Provided always, the governor and magistrates aforesaid be not bound to restrain their merchants from trading with their ships with any persons, whether French or others, wheresoever they dwell. Provided also, that the full ratification and conclusion of this agreement be referred to the next meeting of the commissioners of the united colonies of New-England, for the continuation or abrogation, and in the mean time to remain firm and inviolable. This agreement freed the people from the fears they were under of ravages upon their small vassals and out plantations. La Tour was suffered to hire a vessel to carry a supply of provisions to his fort ; which vessel he took under his convoy and returned home.

The agreement made with D’Aulney was afterwards ratified by the commissioners of the united colonies, but he proved a very troublesome neighbor notwithstanding. In 1645 he made prize of a vessel, belonging to the merchants of Boston going to La Tour with provisions, and sent the men home (after he had stripped them of their cloaths and kept them ten days upon an island) in a small old boat, without either compass to steer by or gun to defend themselves. The governor and council dispatched away a vessel with letters to expostulate with him upon this action, complaining of it as a breach of the articles, and requiring satisfaction; but he wrote back in very high and lofty language, and threatened them with the effects of his master’s displeasure. They replied to D’Aulney, that they were not afraid of any thing he could do to them ; and as for his master, they knew he was a mighty prince, but they hoped he was just as well as mighty, and that he would not fall upon them without hearing their cause, and if he should do it, they had a God in whom to trust when all other help failed. With this ship D’Aulney made an attempt the same year upon La Tour’s fort while he was absent, having left only 50 men-in it; his lady bravely defended it, and D’Aulney returned disappointed and charged the Massachusetts with breach of covenant in entertaining, La Tour and sending home his lady. They excused themselves in a letter, by replying, that La Tour had hired three London ships which lay in the harbour. To this letter D’AuIney refused at first to return any answer, and refused to suffer the messenger, Capt. Allen, to come within his fort; but, at length, wrote in a high strain demanding satisfaction for his mill which had been burnt and threatening revenge. When the commissioners met in September, they agreed to send capt. Bridges to him, with the articles of peace ratified by them, and demanding a ratification from him under his own hand. D’Aulney entertained their messenger with courtesy and all the state he could, but refused to sign the articles, until the differences between them were composed ; and wrote back, that he perceived their drift was to gain time, whereas if their messengers had been furnished with power to have treated with him and concluded about their differences, he doubted not all might have been composed, for he stood more upon his honour than his interest, and he would sit still until the spring expecting their answer.

The general court, upon considering this answer, resolved to send the deputy governor Mr. Dudley, Major Demson and Capt. Hawthorn, with full powers to treat and determine, and wrote to D’AuIney, acquainting him with their resolution, and that they had agreed to the place he desired, viz. Penobscot or Pentagoet, and referred the time to him, provided it should be the month of September. This was opposed by some, as too great a condescension, and they would have had him come to the English settlement at Pemaquid; but his commission of lieutenant-general for the King or France was thought by others to carry so much dignity with it, that it would be no dishonour to the colony to go to his own home ; but it seems he was too good a husband to put himself to the expense of entertaining the messengers, and wrote in answer that he perceived they were now in earnest and desired peace, as he did also for his part, and he thought himself highly honored by their vote to send so many of their principal men to him; but desired he might spare them the labour, and he would fend two or three of his to Boston, in August following (1646) to hear and determine, &c. On the 20th of September, Messrs. Marie, Lewis, and D’Aulney’s secretary, arrived at Boston in a small pinnace, and it being Lord’s day, two officers were sent to receive them at the water side and to conduct them to their lodgings without any noise, and after the public worship was over, the governor sent Major Gibbons, with other gentlemen and a guard of musketeers to attend them to his house, where they were entertained. The next morning they began upon business, and every day dined in public, and were conduced morning and evening to and from the place of treaty with great ceremony. Great injuries were alleged on both sides, and after several days spent, an amnesty was agreed upon.

One Capt. Cromwell had taken in the West Indies a rich sedan made for the Vice Roy of Mexico, which he gave to Mr. Winthrop : This was sent as a present to D’Aulney, and well accepted by his commissioners, the treaty renewed, and all matters amicably settled. In the mean time, D’Aulney effectually answered his main purpose, for by his high language he kept the colony from assisting La Tour, took his fort from him, with ten thousand pounds sterling in furs and other merchandise, ordnance stores, plate, jewels, &c. to the great loss of the Massachusetts merchants, to one only of whom (Major Gibbons) La Tour was indebted 2500l. which was wholly lost. La Tour went to Newfoundland, where he hoped to be aided by Sir David Kirk, but was disappointed, and came from thence to Boston, where he prevailed upon some merchants to send him with four or five hundred pounds sterling in goods to trade with the Indians in the bay of Fundy. He dismissed the English, who were sent in the vessel, and never thought proper to return himself or render any account of his consignments. D’Aulney died before the year 1652, and La Tour married his widow, and repossessed himself, in whole or in part, of his former estate in Nova Scotia ; and in 1691, a daughter of D’Aulney and a canoness at St. Omers dying, made her brothers and fillers La Tours her general legatees. Under them, and by force of divers confirmations of former grants made by Lewis the 14th, between the peace of Ryswick and that of Utrecht, D’Entremant aforementioned claimed a great part of the province of Nova Scotia and of the country of Acadie. Of part of those in Nova Scotia he was possessed, when all the French inhabitants were removed by order of admiral Boscawen and general Lawrence.

Sir Thomas Temple came first to New-England in 1657, having, with others, obtained from Oliver a grant of lands in Acadie or Nova Scotia, of which he was made Governor. He was recommended by Nathaniel Fiennes, son to Lord Say. Mr. Fiennes calls him his near kinsman. The King having recommended, by a letter Feb. 22d 1665, to the governor and council, an expedition against Canada, the court in their answer to Lord Arlington, July 17th 1666, say that “having consulted with Sir Thomas Temple, governor of Nova Scotia, and with the governor of Connecticut (Mr. Winthrop, who had lately been in England) they concluded it was not feazable at present, as well in respect of the difficulty, if not impossibility of a land march over the rocky mountains, and howling deserts, about four hundred miles, as the strength of the French there, according to reports.

From 1666 to 1670 Mr. Bellingham was annually chosen governor, and Mr. Willoughby deputy governor. Nova-Scotia and the rest of Acadie, which had been rescued from the French by Cromwell, were restored by the treaty of Breda. The French made little progress in settling this country. The only inconvenience the Massachusetts complained of, until after the revolution, was the encouragement given to the Indians to make their inroads upon the frontiers. Sir Thomas Temple who, with others had a grant of the country first from Cromwell, and afterwards from King Charles, thought he had reason to complain, and the King’s order was repeated to him, to give up his forts to the French, some pretense being made for not complying with the first order.

Hutchinson, Thomas. The History of the Colony of Massachusetts Bay. 1765. https://archive.org/details/historyofcolonyo00hutc/page/94/mode/2up

“American history: comprising historical sketches of the [indigenous] tribes”

“The [Mi’kmaq], first called by the French Souriqu’ois, held possession of Nova Scotia and the adjacent isles, and were early known as the active allies of the French.

Marquis de la Roche
In 1598, the Marquis de la Roche, a French nobleman, received from the King of France a commission for founding a French colony in America. Having equipped several vessels, he sailed with a considerable number of settlers, most of whom, however, he was obliged to draw from the prisons of Paris. On Sable island, a barren spot near the coast of Nova Scotia, forty men were left to form a settlement.

La Roche dying soon after his return, the colonists Fate were neglected; and when, after seven years, a vessel was sent to inquire after them, only twelve of them were living. The dungeons from which they had been liberated were preferable to the hardships which they had suffered. The emaciated exiles were carried back to France, where they were kindly received by the king, who pardoned their crimes, and made them a liberal donation.

De Monts
In 1603, the king of France granted to De Monts, a gentleman of distinction, the sovereignty of the country from the 40th to the 46th degree of north latitude; that is, from one degree south of New York city, to one north of Montreal. Sailing with two vessels, in the spring of 1604, he arrived at Nova Scotia in May, and spent the summer in trafficking with the natives, and examining the coasts preparatory to a settlement.

Selecting an island near the mouth of the river St. Croix, on the coast of New Brunswick, he there erected a fort and passed a rigorous winter, his men suffering much from the want of suitable provisions. ‘In the following spring, 1605, De Monts removed to a place on the Bay of Fundy; and here was formed the first permanent French settlement in America. The settlement was named Port Royal, and the whole country, embracing the present New Brunswick, Nova Scotia, and the adjacent islands, was called Acadia.

North and South Virginia
In 1606 James the 1st, of England, claiming all that portion of North America which lies between the 34th and the 45th degrees of north latitude, embracing the country from Cape Fear to Halifax, divided this territory into two nearly equal districts; the one, called North Virginia, extending from the 41st to the 45th degree; and the other, called South Virginia, from the 34th to the 38th.

The former he granted to a company of “Knights, gentlemen, and merchants,” of the west of England, called the Plymouth Company; and the latter to a company of “noblemen, gentlemen, and merchants,” mostly resident in London, and called the London Company. The intermediate district, from the 38th to the 41st degree, was open to both companies; but neither was to form a settlement within one hundred miles of the other.


…Early in the following year, 1690, Schenectady was burned; the settlement at Salmon Falls, on the Piscataqua, was destroyed; and a successful attack was made on the fort and settlement at Casco Bay. In anticipation of the inroads of the French, Massachusetts had hastily fitted out an expedition, under Sir William Phipps, against Nova Scotia, which resulted in the easy conquest of Port Royal.

Early in 1692 Sir William Phipps returned with a new charter, which vested the appointment of governor in the king, and united Plymouth, Massachusetts, Maine, and Nova Scotia, in one royal government. Plymouth lost her separate government contrary to her wishes; while New Hampshire, which had recently placed herself under the protection of Massachusetts, was now forcibly severed from her.

In 1707 Massachusetts attempted the reduction of Port Royal; and a fleet conveying one thousand soldiers was sent against the place; but the assailants were twice obliged to raise the siege with considerable loss. Not disheartened by the repulse, Massachusetts spent two years more in preparation, and aided by a fleet from England, in 1710 again demanded the surrender of Port Royal. The garrison, weak and dispirited, capitulated after a brief resistance; the name of the place was changed to Annapolis, in honor of Queen Anne; and Acadia, or Nova Scotia, was permanently annexed to the British crown.

The most important event of (King George’s War) in America, was the siege and capture of Louisburg. This place, situated on the island of Cape Breton, had been fortified by France at great expense, and was regarded by her as the key to her American possessions, William Shirley the governor of Massachusetts, perceiving the importance of the place, and the danger to which its possession by the French subjected the British province of Nova Scotia, laid before the legislature of the colony a plan for its capture. Although Strong objections wore urged, the govenor’s proposals were assented to; Connecticut, Rhode Island, and New Hampshire, furnished their quotas of men; New York sent a supply of artillery, and Pennsylvania of provisions. Commodore Warren, then in the West Indies with an English fleet, was invited to co-operate in the enterprise, but he declined doing so without orders from England. This unexpected intelligence was kept a secret, and in April, 1745, the New England forces alone, under William Pepperell, commander-in-chief, and Roger Wolcott, second in command, sailed for Louisburg.

At Causcau they were unexpectedly met by the fleet of Commodore Warren, who had recently received orders to repair to Boston, and concert measures with Governor Shirley for his majesty’s service in North America. On the 11th of May the combined forces, numbering more than 4000 land troops, came in sight of Louisburg, and effected a landing at Gabarus Bay, which was the first intimation the French had of their danger. On the day after the landing a detachment of four hundred men marched by the city and approached the royal battery, setting fire to the houses and stores on the way. The French, imagining that the whole army was coming upon them, spiked the guns and abandoned the battery, which was immediately seized by the New England troops. Its guns were then turned upon the town, and against the island battery at the entrance of the harbor.

As it was necessary to transport the guns over a morass, where oxen and horses could not be used, they were placed on sledges constructed for the purpose, and the men with ropes, sinking to their knees in the mud, drew them safely over. Trenches were then thrown up within two hundred yards of the city,—a battery was erected on the opposite side of the harbor, at the Light House Point and the fleet of Warren captured a French gunship, with five hundred and sixty men, and a great quantity of military stores designed for the supply of the garrison. A combined attack by sea and land was planned for the 29th of June, but, on the day previous, the city, fort, and batteries, and the whole island, were surrendered. This was the most important acquisition which England made during the war, and, for its recovery, and the desolation of the English colonies, a powerful naval armament under the Duke d’Anville was sent out by France in the following year. But storms, shipwrecks, and disease, enfeebled the fleet, and blasted the hopes of the enemy.

In 1748 the war was terminated by the treaty of Aix la Chapelle. The result proved that neither party had gained any thing by the contest; for all acquisitions made by either were mutually restored. But the causes of a future and more important war still remained in the disputes about boundaries, which were left unsettled; and the “French and Indian War” soon followed, which was the last struggle of the French for dominion in America.

Expeditions of Monckton, Braddock, Shirley, and Sir William Johnson.
Early in 1755, General Braddock arrived from Ireland, with two regiments of British troops, and with the authority of commander-in-chief of the British and colonial forces. At a convention of the colonial governors, assembled at his request in Virginia, three expeditions were resolved upon; one against the French at Fort du Quesne, to be led by General Braddock himself; a second against Niagara, and a third against Crown Point, a French post on the western shore of Lake Champlain.

While preparations were making for these expeditions, an enterprise, that had been previously determined undertaken. upon, was prosecuted with success in another quarter. About the last of May, Colonel Monckton sailed from Boston, with three thousand troops, against the French settlements at the head of the Bay of Fundy, which were considered as encroachments upon the English province of Nova Scotia. Landing at Fort Lawrence, on the eastern shore of Chignecto, a branch of the Bay of Fundy, a French block-house was carried by assault, and Fort Beausejour surrendered, after an investment of four days. The name of the fort was then changed to Cumberland. Fort Gaspereau, on Bay Verte, or Green Bay, was next taken; and the forts on the New Brunswick coast were abandoned. In accordance with the views of the governor of Nova Scotia, the plantations of the French settlers were laid waste; and several thousands of the hapless fugitives, ardently attached to their mother country, and refusing to take the oath of allegiance to Great Britain, were driven on board the British shipping, at the point of the bayonet, and dispersed, in poverty, through the English colonies.


Nova Scotia, according to its present limits, forms a large peninsula, separated from the continent by the Bay of Fundy, and its branch Chignecto, and connected with it by a narrow isthmus between the latter bay and the Gulf of St. Lawrence. The peninsula is about 385 miles in length from northeast to southwest, and contains an area of nearly sixteen thousand square miles. The surface of the country is broken, and the Atlantic coast is generally barren, but some portions of the interior are fertile.

The settlement of Port Royal, (now Annapolis) by De Monts, in 1605, and also the conquest of the country by Argall, in 1614, have already been mentioned. France made no complaint of Argall’s aggression, beyond demanding the restoration of the prisoners, nor did Britain take any immediate measures for retaining her conquests. But in 1621 Sir William Alexander, afterwards Earl of Stirling, obtained from the king, James I, a grant of Nova Scotia and the adjacent islands, and in 1625 the patent was renewed by Charles I., and extended so as to embrace all Canada, and the northern portions of the United States. In 1623 a vessel was despatched with settlers, but they found the whole country in the possession of the French, and were obliged to return to England without effecting a settlement.

In 1628, during a war with France, Sir David Kirk, who had been sent out by Alexander, succeeded in reducing Nova Scotia, and in the following year he completed the conquest of Canada, but the whole country was restored by treaty in 1632.

The French court now divided Nova Scotia among three individuals, La Tour, Denys, and Razillai, and appointed Razillai commander-in-chief of the country. The latter was succeeded by Charnise, between whom and La Tour a deadly feud arose, and violent hostilities were for some time carried on between the rivals. At length, Charnise dying, the controversy was for a time settled by La Tour’s marrying the widow of his deadly enemy, but soon after La Borgne appeared, a creditor of Charnise, and with an armed force endeavored to crush at once Denys and La Tour. But after having subdued several important places, and while preparing to attack St. John, a more formidable competitor presented himself.

Cromwell, having assumed the reins of power in England, declared war against France, and, in 1654, despatched an expedition against Nova Scotia, which soon succeeded in reducing the rival parties, and the whole country submitted to his authority. La Tour, accommodating himself to circumstances, and making his submission to the English, obtained, in conjunction with Sir Thomas Temple, a grant of the greater part of the country. Sir Thomas bought up the share of La Tour, spent nearly 30,000 dollars in fortifications, and greatly improved the commerce of the country; but all his prospects were blasted by the treaty of Breda in 1667, by which Nova Scotia was again ceded to France

The French now resumed possession of the colony, which as yet contained only a few unpromising settlements, the whole population in 1680 not exceeding nine hundred individuals. The fisheries, the only productive branch of business, were carried on by the English. There were but few forts, and these so weak that two of them were taken and plundered by a small piratical vessel. In this situation, after the breaking out of the war with France in 1689, Acadia appeared an easy conquest. The achievement was assigned to Massachusetts, In May, 1690, Sir William Phipps, with 700 men, appeared before Port Royal, which soon surrendered; but he merely dismantled the fortress, and then left the country a prey to pirates. A French commander arriving in November of the following year, the country was reconquered, simply by pulling down the English and hoisting the French flag.

Soon after, the Bostonians, aroused by the depredations of the French and [indigenous] on the frontiers, sent a body of 500 men, who soon regained the whole country, with the exception of one fort on the river St. John. Acadia now remained in possession of the English until the treaty of Ryswick in 1697, when it was again restored to France.

It was again resolved to reduce Nova Scotia, and the achievement was again left to Massachusetts, with the assurance that what should be gained by arms would not again be sacrificed by treaty.

The peace of 1697 was speedily succeeded by a declaration of war against France and Spain in 1702. It was again resolved to reduce Nova Scotia, and the achievement was again left to Massachusetts, with the assurance that what should be gained by arms would not again be sacrificed by treaty. The first expedition, despatched in 1704, met with little resistance, but did little more than ravage the country. In 1707 a force of 1000 soldiers was sent against Port-Royal, but the French commandant conducted the defence of the place with so much ability, that the assailants were obliged to retire with considerable loss. In 1710 a much larger force, under the command of General Nicholson, appeared before Port Royal, but the French commandant, having but a feeble garrison, and declining to attempt a resistance, obtained an honorable capitulation. Port Royal was now named Annapolis. From this period Nova Scotia has been permanently annexed to the British crown.

The [Mi’kmaq] of Nova Scotia, who were warmly attached to the French, were greatly astonished on being informed that they had become the subjects of Great Britain. Determined, however, on preserving their independence, they carried on a long and vigorous war against the English. In 1720 they plundered a large establishment at Canseau, carrying off fish and merchandise to the amount of 10,000 dollars; and in 1723 they captured at the same place, seventeen sail of vessels, with numerous prisoners, nine of whom they deliberately and cruelly put to death.

As the [Mi’kmaq] still continued hostile, the British inhabitants of Nova Scotia were obliged to solicit aid from Massachusetts, and in 1728 that province sent a body of troops against the principal village of the Norridgewocks, on the Kennebec. ‘The enemy were surprised, and defeated with great slaughter, and among the slain was Father Ralle, their missionary, a man of considerable literary attainments, who had resided among the [Mi’kmaq] forty years. By this severe stroke the [Mi’kmaq] were overawed, and for many years did not again disturb the tranquility of the English settlements.

In 1744 war broke out anew between England and France. The French governor of Cape Breton immediately attempted the reduction of Nova Scotia, took Canseau, and twice laid siege to Annapolis, but without effect. The English, on the other hand, succeeded in capturing Louisburg, the Gibraltar of America, but when peace was concluded, by the treaty of Aix la Chapelle, in 1748, the island of Cape Breton was restored to France.

After the treaty, Great Britain began to pay more attention to Nova Scotia, which had hitherto been settled relation almost exclusively by the French, who, upon every rupture between the two countries, were accused of violating their neutrality. In order to introduce a greater proportion of English settlers, it was now proposed to colonize there a large number of the soldiers who had been discharged in consequence of the disbanding of the army, and in the latter part of June, 1749, a company of nearly 4000 adventurers of this class was added to the population of the colony.

To every private was given fifty acres of land, with ten additional acres for each member of his family. A higher allowance was granted to officers, till it amounted to six hundred acres for every person above the degree of captain, with proportionable allowances for the number and increase of every family. The settlers were to be conveyed free of expense, to be furnished with arms and ammunition, and with materials and utensils for clearing their lands and erecting habitations, and to be maintained twelve months after their arrival, at the expense of the government.

The emigrants having been landed at Chebucto harbor, under the charge of the Honorable Edward Cornwallis, whom the king had appointed their governor, they immediately commenced the building of a town, on a regular plan, to which the name of Halifax was given, in honor of the nobleman who had the greatest share in funding the colony. The place selected for the settlement possessed a cold, sterile and rocky soil, yet it was preferred to Annapolis, as it was considered more favorable for trade and fishery, and it likewise possessed one of the finest harbors in America. “Of so great importance to England was the colony deemed, that Parliament” continued to make annual grants for it, which, in 1755, had amounted to the enormous sum of nearly two millions of dollars.

But although the English settlers were thus firmly established, they soon found themselves unpleasantly situated. The limits of Nova Scotia had never been defined, by the treaties between France and England, with sufficient clearness to prevent disputes about boundaries, and each party was now striving to obtain possession of a territory claimed by the other. The government of France contended that the British dominion, according to the treaty which ceded Nova Scotia, extended only over the present peninsula of the same name; while, according to the English, it extended over all that large tract of country formerly known as Acadia, including the present province of New Brunswick. Admitting the English claim, France would be deprived of a portion of territory of great value to her, materially affecting her control over the River and Gulf of St. Lawrence, and greatly endangering the security of her Canadian possessions.

When, therefore, the English government showed a disposition effectually to colonize the country, the French settlers began to be alarmed; and though they did not think proper to make an open avowal of their jealousy, they employed their emissaries in exciting the [Mi’kmaq] to hostilities in the hope of effectually preventing the English from extending their plantations, and, perhaps, of inducing them to abandon their settlements entirely. The [Mi’kmaq] even made attacks upon Halifax, and the colonists could not move into the adjoining woods, singly or in small parties, without danger of being shot and scalped, or taken prisoners.

In support of the French claims, the governor of Canada sent detachments, which, aided by strong bodies of [Mi’kmaq] and a few French Acadians, erected the fort of Beau Sejour on the neck of the peninsula of Nova Scotia, and another on the river St. John, on pretence that these places were within the government of Canada. Encouraged by these demonstrations, the French inhabitants around the bay of Chignecto rose in open rebellion against the English government, and in the spring of 1750 the governor of Nova Scotia sent Major Lawrence with a few men to reduce them to obedience. At his approach, the French abandoned their dwellings, and placed themselves under the protection of the commandant of Fort Beau Sejour, when Lawrence, finding the enemy too strong for him, was obliged to retire without accomplishing his object.

Soon after, Major Lawrence was again detached with 1000 men, but after driving in the outposts of the enemy, he was a second time obliged to retire. To keep the French in check, however, the English built a fort on the neck of the peninsula, which, in honor of its founder, .was called Fort Lawrence.Still the depredations of the [Mi’kmaq] continued, the French erected additional forts in the disputed territory, and vessels of war, with troops and military stores, were sent to Canada and Cape Breton, until the forces in both these places became a source of great alarm to the English.

At length, in 1755, Admiral Boscawen commenced the war, which had long been anticipated by both parties, by capturing on the coast of Newfoundland two French vessels, having on board eight companies of soldiers and about 35,000 dollars in specie. Hostilities having thus begun, a force was immediately fitted out from New England, under Lieutenant Colonels Monckton and Winslow, to dislodge the enemy from their newly erected forts. The troops embarked at Boston on the 20th of May, and arrived at Annapolis on the 25th, whence they sailed on the 1st of June, in a fleet of forty-one vessels to Chignecto, and anchored about five miles from Fort Lawrence.

On their arrival at the river Massaguash, they found themselves opposed by a large number of regular forces, rebel Acadians, and [Mi’kmaq], 450 of whom occupied a block-house, while the remainder were posted within a strong outwork of timber. The latter were attacked by the English provincials with such spirit that they soon fled, when the garrison deserted the block-house, and left the passage of the river free. Thence Colonel Monckton advanced against Fort Beau Sejour, which he invested on the 12th of June, and after four days bombardment compelled it to surrender.

Having garrisoned the place, and changed its name to that of Cumberland, he next attacked and reduced another French fort near the mouth of the river Gaspereau, at the head of Bay Verte or Green Bay, where he found a large quantity of provisions and stores, which had been collected for the use of the [Mi’kmaq] and Acadians. A squadron sent against the post on the St. John, found it abandoned and destroyed. The success of the expedition secured the tranquility of all French Acadia, then claimed by the English under the name of Nova Scotia.

The peculiar situation of the Acadians, however, was a subject of great embarrassment to the local government of the province. In Europe, the war had begun unfavorably to the English, while General Braddock, sent with a large force to invade Canada, had been defeated with the loss of nearly his whole army. Powerful reenforcements had been sent by the French to Louisburg and other posts in America, and serious apprehensions were entertained that the enemy would next invade Nova Scotia, where they would find a friendly population, both European and [Mi’kmaq].

The French Acadians at that period amounted to Seventeen or eighteen thousand. They had cultivated a considerable extent of land, possessed about 60,000 head of cattle, had neat and comfortable dwellings, and lived in a state of plenty, but of great simplicity. They were a peaceful, industrious, and amiable race, governed mostly by their pastors, who exercised a parental authority over them; they cherished a deep attachment to their native country, they had resisted every invitation to bear arms against it, and had invariably refused to take the oath of allegiance to Great Britain. Although the great body of these people remained tranquilly occupied in the cultivation of their lands, yet a few individuals had joined the [Mi’kmaq], and about 300 were taken in the forts, in open rebellion against the government of the country.

Under these circumstances, Governor Lawrence and his council, aided by Admirals Boscawen and Mostyn, assembled to consider what disposal of the Acadians the security of the country required. Their decision resulted in the determination to tear the whole of this people from their homes, and disperse them through the different British colonies, where they would be unable to unite in any offensive measures, and where they might in time be-come naturalized to the government. Their lands, houses, and cattle, were, without any alleged crime, declared to be forfeited; and they were allowed to carry with them only their money and household furniture, both of extremely small amount.

Treachery was necessary to render this tyrannical scheme effective. The inhabitants of each district were commanded to meet at a certain place and day on urgent business, the nature of which was carefully concealed from them; and when they were all assembled, the dreadful mandate was pronounced,—and only small parties of-them were allowed to return for a short time to make the necessary preparations. They appear to have listened to their doom with unexpected resignation, making only mournful and solemn appeals, which were wholly disregarded. When, however, the moment of embarkation arrived, the young men, who were placed in front, absolutely refused to move and it required files of soldiers, with fixed bayonets, to secure obedience.

No arrangements had been made for their location elsewhere, nor was any compensation offered for the property of which they were deprived. They were merely thrown on the coast at different points, and compelled to trust to the charity of the inhabitants, who did not allow any of them to be absolutely starved. Still, through hardships, distress, and change of climate, a great proportion of them perished. So eager was their desire to return, that those sent to Georgia had set out, and actually reached New York, when they were arrested.

They addressed a pathetic representation to the English government, in which, quoting the most solemn treaties and declarations, they proved that their treatment had been as faithless as it was cruel. No attention, however, was paid to this document, and so guarded a silence government was preserved by the government of Nova Scotia, upon the subject of the removal of the Acadians, that the records of the province make no allusion whatever to the event.

Notwithstanding the barbarous diligence with which this mandate was executed, it is supposed that the banished number actually removed from the province did not exceed 7000. The rest fled into the depths of the forests, or to the nearest French settlements, enduring incredible hardships. To guard against the return of the hapless fugitives, the government reduced to ashes their habitations and property, laying waste even their own lands, with a fury exceeding that of the most savage enemy.

In one district, 236 houses were at once in a blaze. The Acadians, from the heart of the woods, beheld all they their homes possessed consigned to destruction; yet they made no movement till the devastators wantonly set their chapel on fire. They then rushed forward in desperation, killed about thirty of the incendaries, and then hastened back to their hiding-places.

But few events of importance occurred in Nova Scotia during the remainder of the French and Indian War, at the close of which, France was compelled to the transfer to her victorious rival, all her possessions on the American continent. Relieved from any farther apprehensions from the few French remaining in the country, the provincial government of the province made all the efforts of which it was Capable to extend the progress of cultivation and settlement, though all that could be done was insufficient to fill Up the dreadful blank that had already been made.

After the peace, the case of the Acadians naturally came Under the view of the government. No advantage had been derived from their barbarous treatment, and there remained no longer a pretext for continuing the persecution. They were, therefore, allowed to return, and to receive lands on taking the customary oaths, but no compensation was offered them for the property of which had been plundered. Nevertheless, a few did return, although, in 1772, out of a French population of seventeen or eighteen thousand which once composed the colony, there were only about two thousand remaining.

In 1758, during the administration of Governor Lawrence, a legislative assembly was given to the people of Nova Scotia. In 1761 an important [indigenous] treaty was concluded when the natives agreed finally to bury the hatchet, and to accept George III, instead of the king formerly owned by them, as their great father and friend. The province remained loyal to the crown during the war of the American Revolution, at the close of which, its population was greatly augmented by the arrival of a large number of loyalist refugees from the United States. Many of the new settlers directed their course to the region beyond peninsula, which, thereby acquiring a great increase of importance, was, in 1784, erected into a distinct government, under the title of New Brunswick. At the same time, the island of Cape Breton, which had been united with Nova Scotia since the capture of Louisburg in 1748, was erected into a separate government, in which it remained until 1820, when it was re-annexed to Nova Scotia.

The most interesting portions of the history of Nova Scotia, it will be observed, are found previous to the peace of 1763, which put a final termination to the colonial wars between France and England. Since that period the tranquillity of the province has been seldom interrupted, and, under a succession of popular governors, the country has continued steadily to advance in wealth and prosperity.

In 1729 the colony (of Newfoundland) was withdrawn from its nominal dependence on Nova Scotia, from which period until 1827 the government of the island was administered by naval commanders appointed to cruise on the fishing station, but who returned to England during the winter. Since 1827 the government has been administered by resident governors; and in 1832, at the earnest solicitation of the inhabitants, a representative assembly was granted them.”

Willson, Marcius. “American history: comprising historical sketches of the Indian tribes”. Cincinnati, W. H. Moore & co.; 1847. https://www.loc.gov/item/02003669/

“New Scot Lande”

Argals Bay, now the Bay of Fundy, must be a reference to Samuel Argall. Interesting that “The province of Alexandria” as well as “The Province of Caledonia” seem to align with the general jurisdictions of New Brunswick and Nova Scotia today.

Other features include “Cape Brittan” as well as Canso (Campseau), “Blacke” at Nova Scotia’s southern tip, perhaps an earlier derivation and the source of “Cape Negro”, “Cape Sandy” appears to be Cape Sable Island, “Sandy Isle” being Sable Island, “P. Rosignol” perhaps is reference to Western Head, at the mouth of the Mersey River whose source is Lake Rosignol. “Luckesburgh” is also noted, in reference to what, I’m not sure.

See Also:

Copy of the map accompanying Sir William Alexander's pamphlet: "Encouragement to Colonies" 1630. https://archives.novascotia.ca/maps/archives/?ID=6

Baronia anglica concentrata, or, A concentrated account of all the baronies commonly called baronies in fee

“The pages of this work are … compiled to show the origin of every barony, from its first commencement by writ of summons to parliament, to the time it became (as presumed) extinct, or terminated in an heir general in dormancy; or in coheirs general in abeyance between them; accompanied with such remarks as appear explanatory of their course of descent.”

“Heralds and critics, that abusive throng; May as they please, speak of me right or wrong; Their praise will never give me any pride, Their spite, I heed not, and their snarls deride.”

“In the Appendix to the second volume is an account of the first settlement of the Scots in Nova Scotia, the occupation of the country by them, and the institution of the Order of Knights Baronets therein. No similar account has ever before been published; and, indeed, the several writers who have attempted to show the said first settlement, have made most erroneous representations in asserting that Sir William Alexander, after his grant from the crown, ever sold the country to the French, and that king Charles I, by the treaty of St. Germains, ceded it to them. The contrary of all this will be substantiated by the Documents herein set forth.”


“After this institution, and not long before his death, king James formed the idea of founding a similar order of rank for his Scottish subjects; and inasmuch as the one just mentioned, was for the security and defence of the kingdom of Ireland, and for encouraging persons of ambition, wealth, and consideration to make settlement therein, so the institution of Nova Scotia; baronets was intended for the advancing the plantation of that district of country in America, which he had recently annexed to his kingdom of Scotland, and for establishing a colony there, to the aid of which these knights were designed. His majesty, by charter dated at Windsor the 10th day of September, 1621, made a grant to Sir William Alexander, of Menstrie, knight, his favorite counsellor and secretary of state for Scotland, of a certain extent of territory in America, contained within particular boundaries recited in a copy of the said charter, set forth in No. I. of the appendix hereto attached, which territory in all time therefrom, and thence ensuing, was to be denominated Nova Scotia; and annexed to his majesty’s kingdom of Scotland; the said name being given in contradistinction to that other territory of country, which had theretofore been granted by special charter (situate also in America), to certain persons incorporated by the name of the Plymouth company, and which territory was then designated new England.

King James having deceased shortly after this grant to Sir William Alexander—and his son Charles having succeeded to the throne, he was pleased to carry out the intententions of his royal father; and for that purpose, by another charter, called de Novo Damus, dated at Oatlands, the 12th day of July, 1625, re-gave and confirmed to Sir William Alexander, his heirs and assignees all the said territory of Nova Scotia;, to be enjoyed by him and them in full regality, hereditarily for ever; with very special previleges, rights, and immunities, as detailed in a copy of the charter printed in No. 2, of the appendix hereto.

And Sir William had seisin under the said charter given to him at the castle of Edinburgh, soon after, as therein mentioned No. 15. and ordained. On reference to the first charter, in 1611, it will appear that notice is therein made of the knights baronets of Nova Scotia; but in the subsequent charter of Nova Scotia, in 1625, they will be found particularly alluded to; and that the groundwork of the by agreeing with Sir William Alexander, for a certain district of land in that country, to be erected into a barony, to be holden either of Sir William, or of the king, as might be agreed on by the party; and having thus qualified, a patent of creation should be then passed free of any compensation to be made by the said baronet, for the obtainment thereof from the crown: for this purpose the charter thus recites, viz.:

“And that men of honorable birth may be incited to the undertaking of that expedition, and the settling of planters in the said lands, We for us and our heirs and successors, with advice and consent aforesaid, in virtue of our present charter, give and grant free and full power to the said Sir William Alexander, and his foresaids, of conferring favors, privileges, offices, and honours on the deserving, with plenary power of disponing and overgiving to them, or any of them, who shall happen to make the aforesaid agreements or contracts for the said lands, with him, Sir William, and his aforesaids, under his subscription, or theirs, and their seal, any portion or portions of the said lands, &c., as to him shall seem fit, &c.”

Further, the charter recites, viz. : “Therefore that this our present charter, may be more effectual, and that seisin thereupon may be more conveniently taken, it is necessary that seisin of all and sundry the aforesaid lands, of the said country and lordship of Nova Scotia; be taken within our said kingdom of Scotland, and on the grounds and lands of the same in the most eminent place thereof, which can neither conveniently nor lawfully be done without an express union of the said country and lordship of Nova Scotia; to the said kingdom of Scotland. Wherefore for the advantage and readier convenience of the aforesaid seisin, we with the advice aforesaid, have annexed, united and incorporated, and by our present charter, unite, annex, and incorporate with our said kingdom of Scotland, all and sundry the aforesaid country and lordship of Nova Scotia;, with the teinds and teind sheaves thereof included, and all and sundry parts, purtinents, privileges, jurisdictions, and liberties of the same, and others generally, and specially above mentioned; and by our present charter, will, declare, decern, and ordain, that one seisin now to be taken at our castle of Edinburgh, as the most eminent and principal place of our said kingdom of Scotland, of all and sundry the said lands, country, and lordship of Nova Scotia;, or any part of the same, with the teinds and teind sheaves thereof included, respectively, is, and shall be sufficient seisin for all and whole the aforesaid lands, country, and lordship of Nova Scotia;, notwithstanding the said lands, country, and lordship of Nova Scotia; are far distant, and lie discontiguous from our said kingdom of Scotland, as to which, we, with advice and consent aforesaid have dispensed, and by our present charter for ever dispense, without prejudice and derogation always to the said privilege and prerogative granted to the aforesaid Sir William Alexander, and his heirs, and assignees, of making and establishing laws, acts, and statutes concerning all and sundry the aforesaid lands, country, and lordship of Nova Scotia;, as well by sea as by land; and by our present charter we declare, that notwithstanding the said union, which is declared to be granted solely for the advantage and convenience of seisin, the said country and lordship of Nova Scotia; shall be judged, ruled, and governed by the laws, and statutes made, and to be made, constituted and established, by the said Sir William Alexander, and his heirs and assignees, relating to the said country and lordship of Nova Scotia;, in like manner, and as freely in that respect as if the said union had never been made, or hitherto granted.”

“And further, notwithstanding the aforesaid union, it shall be lawful to the aforesaid Sir William Alexander and his heirs, and assignees, to give, grant, and dispone any parts, or portions of the said lands, country, and lordship of Nova Scotia;, heritably belonging to them, to and in favour of whatsoever persons, their heirs and assignees, heritably, with the teinds, and teind sheaves thereof included (provided they are our subjects) to be holden of the said Sir William Alexander, or of us, and our successors, either in blench farm, fee farm, or in ward and relief, at their pleasure, and to intitle and denominate the said parts and portions by whatsoever stiles, titles, and designations shall seem to them fit, or be in the will and option of the said Sir William Alexander and his aforesaids, which infeftments and dispositions shall be approved and confirmed by us, or our successors, freely, without any composition to be made therefor. ”

“Moreover we and our Successors shall receive whatsoever resignations shall be made by the said Sir William Alexander, and his heirs and assignees, of all and whole the aforesaid Lands and Lordship of Nova Scotia;, or of any part thereof in our hands and (those) of our successors, and commissioners aforesaid, with the teinds and teind sheaves thereof included, and others generally and specially above mentioned, to and in favour of whatsoever person or persons (provided they are our subjects, and live under our obedience) and they shall pass infeftments thereon, to be holden in free blench farm of us, our heirs and successors, in manner above mentioned, freely without any composition.”

“Further we for us, and our successors, with advice aforesaid, have given, granted, ratified, and confirmed, and by our present charter, give, grant, ratify, and confirm to the said Sir William Alexander, and his heirs and assignees, all places, privileges, prerogatives, preeminences, and precedencies whatsoever, given, granted, and reserved to the said Sir William Alexander, and his heirs and assignees, and his successors, lieutenants of the said country, and lordship of Nova Scotia;, on behalf of the Knights Baronets, and remanent portioners, and associates of the said plantation, so as the said Sir William Alexander, and his heirs male descending of his body, as lieutenants aforesaid, shall and may take place, prerogative, preeminence, and precedence, as well before all Esquires, Lairds, and Gentlemen of our said kingdom of Scotland, as before all the aforesaid Knights Baronets of our said kingdom, and all others, before whom the said Knights Baronets in virtue of the privilege granted to them, can have place and precedency, for the advancement of which plantation and colony of Nova Scotia;, and in respect of it, especially the said Knights Baronets were, with advice aforesaid, created in our said kingdom of Scotland, with their state and dignity, as a special token of our favour conferred upon such gentlemen, and honourably born persons, portioners of the aforesaid plantation and colony; with this express provision always, that the number of the aforesaid never exceed one hundred and fifty.”

Thus far the charter, under which the Nova Scotia; Baronets were primarily created, and grants of lands conceded to be made to them, to constitute their respective qualifications, and to enable them to further out the intention of colonizing the plantation, and of sustaining their title and dignity. The repugnance to recognise the order, may account for the few persons who came forward to accept of it; so that Sir William Alexander was left chiefly to his own means, and the king’s countenance, to carry on his undertaking: In 1629, however, Sir William had so far succeeded, as to have a thriving colony in Nova Scotia;, and his eldest son and heir apparent, Sir William Alexander, had gone there as his lieutenant. This being the case, his majesty king Charles, to give stronger encouragement to persons of honour and character to join their assistance; and also to render the dignity of baronet more inviting to seek, was pleased to confer upon the order the special distinction, that the said baronets and their heirs male, should thenceforth wear, and carry about their necks, an orange tawny silk ribbon, whereon shall hang pendant in an Escutcheon Argent, a Saltier Azure, thereon, an Escutcheon of the Arms of Scotland, with an imperial crown above the Escutcheon and encircled with this motto, “Fax mentis honeste gloria.”

It is here to be observed that the right of creating the baronets, did not rest in the king, but in his grantee, Sir William Alexander,—the institution of them was not like a peerage flowing from the grace of the crown for the mere purpose of conferring honour; but it was specially erected to carry into effect a particular object, which object was made a stipulation to give an interest to the baronet thereupon created, to promote it;—thus the king having granted away the whole country of Nova Scotia; had divested himself of the lands and territories comprehended in his charter, and this charter was confirmed (as before mentioned) by the parliament of Scotland, his majesty himself being present therein.”

Banks, T. C. (Thomas Christopher), 1765-1854. Baronia Anglica Concentrata, Or, A Concentrated Account of All the Baronies Commonly Called Baronies In Fee: Deriving Their Origin From Writ of Summons, And Not From Any Specific Limited Creation, Shewing the Descent And Line of Heirship As Well of Those Families Mentioned by Sir William Dugdale, As of Those Whom That Celebrated Author Has Omitted to Notice, (interspersed With Interesting Notes And Explanatory Remarks), Whereto Is Added the Proofs of Parliamentary Sitting, From the Reign of Edw. I to That of Queen Anne, Also, a Glossary of Dormant English, Scotch And Irish Peerage Titles, With Reference to Presumed Existing Heirs. [England]: The author, 1843-4. https://hdl.handle.net/2027/mdp.39015025951651, https://hdl.handle.net/2027/mdp.39015025951867

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

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

charter

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

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

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

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

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

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

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

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

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

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

And after these three years are ended, it shall be lawful, to us and our successors, to levy and exact from all goods and merchandise which shall be exported from this our Kingdom of Scotland to the said province of New Scotland, or imported from this province to our said Kingdom of Scotland, in any ports of this our kingdom, by the said Sir William ‘and his aforesaids, for five per cent. only, according to the old mode of reckoning, without any other impost, tax, custom or duty from them here- after; which sum of five pounds per hundred being thus paid, by the said Sir William and his aforesaids, to our officers and others appointed for this business, the said Sir William and his aforesaids may carry away the ‘said goods from this our realm of Scotland into any other foreign ports and climes, without the payment of any other custom, tax or duty to us or our heirs or successors or any other persons; provided also that said goods, within the space of thirteen months after their arrival in any part of this our kingdom, may be again placed on board a ship. We also give and grant absolute and full power to the said Sir William and his aforesaids, of taking, levying and receiving to his own proper use and that of his aforesaids, from all our subjects who shall desire to conduct colonies, follow trade, or sail to said land of New Scotland, and from the same, for goods and merchandise, five per cent. besides the sum due to us; whether on account of the exportation from this our Kingdom of Scotland to the said province of New Scotland, or of the importation from the said province to this our Kingdom of Scotland aforesaid; and in like manner, from all goods and merchandise which shall be exported by our subjects, leaders of colonies, merchants, and navigators from the said province of New Scotland, to any of our dominions or any other places; or shall be imported from our realms and elsewhere to the said New Scotland, five per cent. beyond and above the sum before appointed to us; and from the goods and merchandise of all foreigners and others not under our sway which shall be either exported from the said province of New Scotland, or shall be Imported into the same, beyond and above the said sum assigned to us, ten per cent. may be levied, taken and received, for the proper use of the said Sir William and his aforesaids, by such servants, officers or deputies, or their agents, they shall appoint and authorize for this business. And for the better security and profit of the said Sir William and his aforesaids, and of all our other subjects desiring to settle in New Scotland aforesaid, or to trade there, and of all others in general who shall not refuse to submit them- selves to our authority and power, we have decreed and willed that the said Sir William may construct, or cause to be built, one or more forts, strongholds, watch-towers, block-houses, and other bulldings, with ports and naval stations, and also ships of war: and the same shall be applied for defending the said places, as shall, to the said Sir William and his aforesaids, seem necessary to accomplish the aforesaid undertaking; and they may establish for their defence there, garrisons of soldiers, n addition to the things above mentioned; and generally may do all things for the acquisition, increase and introduction of people, and to preserve and govern the said New Scotland and the coast and land thereof, {in all its limits, features and relations, under our name and authority, as we might do if present in person; although the case may require a more particular and strict order than is prescribed in this our present charter and to this command we wish, direct and most strictly enjoin all our justices, officers and subjects frequenting these places to conform themselves, and to yield to and obey the cold Sir William and his aforesaids in all and each of the above-mentioned matters, both principal and related; and be equally obedient to them in their execution as they ought to be to us whore person the represents, under the pains of disobedience and rebellion, Moreover, we declare, by the tenor of our present charter to all Christian kings, princes any one, or any, from the said colonies, in the province of New Scotland aforesaid, or any other persons under their license and command, exercising piracy; at any future time, by land or by sea, shall carry away the goods of any person, or in a hostile manner do any injustice or wrong to any of our subjects, or those of our heirs or successors, or of other kings, princes, governors or states in alliance with us, then, upon such injury offered, or just complaint thereupon, by any king, prince, governor, state or their subjects, we, our heirs and successors will see that public proclamations are made, in any part of our said Kingdom of Scotland, just and suitable for the purpose, and that the said pirate or pirates, who shall commit such violence, at a stated time, to be determined by the aforesaid proclamation, shall fully restore all goods so carried away ; and for the said injuries shall make full satisfaction, so that the said princes ‘and others thus complaining shall deem themselves satisfied. And, if the authors of such crimes shall neither make worthy satisfaction, nor be careful that it be made within the limited time, then he, or those who have committed such plunder, neither are nor hereafter shall be under our government and protection; but it shall be permitted and lawful to all princes and others whatsoever, to proceed against such offenders, or any of them, ‘and with all hostility to invade them.

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

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

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

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

And because the tenure of the said lands, and of the province of New Scotland, and the quit-rent above-mentioned, may fail through want of the timely and lawful entry of any heir or heirs of the said Sir William succeeding him, a thing which they may not easily accomplish on account of the great distance from our kingdom; and these same lands and province, on Account of non-entrance, may come into our hands and those of our successors until the lawful entrance of the legitimate heir; and we being unwilling that the said lands and region at any time should fall into non- entry, or that the said Sir William and his aforesaids should be thus deprived of the benefits and profits of the same, therefore we, with the advice aforesaid, have dispensed with the said non-entry whenever it shall occur, and, by the tenor of this our charter, we, for ourselves and our successors, do dispense ; and also we have renounced and exonerated, and by the tenor of our present charter, with the consent aforesaid, we do renounce and exonerate the said Sir Willlam and his aforesaids in respect to the above-mentioned non-entrance of the said province and region whenever it shall come into our hands, or, by reason of non-entry, may fall, with all things that can follow therefrom; provided, however, that the said Sir William, his heirs and assigns, within the space of seven years after the decease and death of their predecessors, or entry to the possession of said lands, and of other things aforesaid, by themselves or their lawful agents holding power for this purpose, do homage to us and our successors, and come to and receive through us, the same lands, lordship, barony and other things aforesaid, according to the laws and statutes of our said Kingdom of Scotland. Finally, we, for ourselves, and our successors, do will, decree and ordain that this our present charter and enfeoffment above written of the lands aforesaid, lordship, and region of New Scotland, and the privileges ‘and liberties of the same, shall be ratified, approved and established in our next Parliament of our said Kingdom of Scotland whenever it shall meet, so that it shall have therein the force and efficacy of a decree; and for this we, for ourselves and our successors, declare that this our charter shall be a sufficient warrant ; and as a prince, we promise that the same shall be ratified and approved, and also we promise to alter, renew, increase and extend the same into the most ample form, as often as it shall deem necessary and expedient to the said Sir William and his aforesaids.

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

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

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

Written to the Great Seal, 29 September, 1621

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

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

America and West Indies Colonial Papers: June 1661

These papers outline the case of Thomas Temple and William Crowne, who became proprietors of Nova Scotia in 1656. Initially, Lord de La Tour sought their assistance in reclaiming Nova Scotia from Cromwell, ultimately transferring his rights to Temple and Crowne. La Tour’s claim to Nova Scotia was based on his long-term presence in the region since 1621, initially granted by Sir William Alexander and later confirmed by King Charles I. However, disputes with the French and English led to various conflicts, including the seizure of La Tour’s forts by Major Sedgwick, which were later restored by Cromwell.

In response to the claim, Thomas Elliot argues that the King’s grant to Temple and Crowne is invalid because the King was not in possession at the time of the grant, and La Tour was considered an alien. Elliot’s counsel requests the government and trade privileges granted to Temple and Crowne be transferred to them.

The reply asserts the King’s right to grant territories even without possession and defends Temple and Crowne’s long-standing presence and investments in Nova Scotia. It suggests that granting free trade to strangers would undermine the existing plantation. Additionally, Temple and Crowne seek reimbursement for payments made for damages and purchases related to their proprietary rights.

Further details include an agreement between Temple and Crowne regarding the division of lands and trade privileges, with Crowne possessing territories westward and Temple having trade rights on the River Dumache.


Statement of the case of Thomas Temple and William Crowne, and how they became proprietors of Nova Scotia. In 1656, when the Lord de La Tour was compounding with Cromwell to get his country of Nova Scotia again, but not being able to pay what Cromwell required, he requested Temple and Crowne to undertake it for him, and so by the advice of Sir Orlando Bridgeman, La Tour by deed conveyed all his right and title in Nova Scotia, with all his profits and privileges, to said Temple and Crowne and their heirs and assigns for ever, the consideration to pay 1,800l. to Cromwell’s soldiers, then in La Tour’s forts ; 3,376l. 18s. to the relict of Major Gibbons, of New England, for redemption of mortgage on La Tour’s fort of St. John’s, the 20th skin of all furs taken within said country, and the 20th part of the increase of the earth, free from all charge.

Accordingly they took possession and built houses, and to regain a house taken by the French cost men’s lives and 10,000l. La Tour’s title :As a discoverer 55 years since, where he built his fort upon the river of St. John, and bath continually dwelt. In 1621 Sir Wm. Alexander obtained a grant of all Nova Scotia to him, his heirs and assigns for ever, with power to create baronets to encourage planting, which in 1625 was confirmed by Charles I. In 1630 Sir Wm., then Lord, Sterling, conveyed part of Nova Scotia to La Tour and his father, and their heirs and assigns for ever, with certain privileges under the Great Seal of Scotland, and both Lord La Tour and his father were made baronets of Nova Scotia.

Lord Sterling two or three years after surrendered Port Royal to the French, for which the King “gave him the Great Seal for 10,000l., not yet paid as ’tis said.” Port Royal was not within La Tour’s grant from Sterling. The French made war upon La Tour at Fort St. John ; he mortgages it to Major Gibbons at New England, but during his absence his fort was surprised by one Doney [D’Aulney] of Port Royal, his men were put to the sword, and his lady was poisoned. La Tour repairs to the King of France for justice, but on his return to Port Royal finds D’Aulney dead, and Port Royal and Penobscot were surrendered to La Tour on his marrying D’Aulney’s widow, and he has enjoyed that part ever since. Major Sedgwick without orders takes La Tour’s forts, kills his men, demolishes his chief fort, plunders him to above 10,000l. in value, and brings him to Cromwell, who restores La Tour to his forts and country upon payment of the sums aforesaid.

La Tour for constant adherence to the King of England and being a Protestant is condemned as a traitor in France, and if taken will suffer death, and therefore doubts not of receiving protection in England. Temple and Crowne, the proprietors of Nova Scotia, present certain proposals to the consideration of their Lordships [the Committee of Foreign Plantations], that they be reimbursed the moneys they have paid, or keep the whole trade to themselves, paying to the King 5 per cent. on all goods carried out of the country. They implore a suitable strength against the natives, that they may remain where they have purchased and built in said country, and have liberty to collect their debts from the [Mi’kmaq], which are above 1,000l. There are no families considerable upon the place but the two proprietors. Indorsed, “Received 22 June 1661.” 3 pp. [Col. Papers, Vol. XV., No. 64.]

Report of the Committee of Council appointed by the King to examine the pretensions of such persons as claim interest in Nova Scotia or L’Acadie. Thos. Elliot, the plaintiff, claims by a warrant from his Majesty. Thos. Temple and Wm. Crowne, the defendants, by right of discovery, the King’s grant, and many years’ possession. The Committee, having upon the 17th of this present June heard the several parties, find :That on 10th Sept. 1621 King James granted Nova Scotia to Sir Wm. Alexander. King Charles continued this grant 1625. Sir Wm. granted on the 12th April 1630 to De La Tour part of the territories, by the names of two baronies, St. Estienne and La Tour, on condition they should remain faithful to the King of Scotland. A deed of 20th Sept. 1656 from La Tour recites the former grant, and grants to Tho. Temple and Willm. Crowne all the lands, paying the 20th of all pelts and profits of the earth ; and of this they have since been possessed. In 1639 Sir Claude and Sir Chas. St. Estienne, father and son, were made baronets of Nova Scotia for good service. Port Royal and Penobscot were granted by the French for 30,000l. damages about St. John’s Fort, and the French King has condemned La Tour as a traitor.

They yield the Dominion of Nova Scotia to the King, and the power of sending a Governor, and offer 5 per cent. customs to support the charge. Quebec they claim not. Mr. Elliott’s counsel allege : That the King was not in possession at the time of his grant, so his grant is void ; and that Sir Wm. Alexander’s grant to La Tour is void, the French being then in possession ; in 1629 the English took all ; in 1632 the French were restored, and La Tour was made Governor ; in 1656 Cromwell having recovered it, passed it to La Tour, Temple, and Crowne ; La Tour held it against Cromwell for the King of France ; Sir Wm. Alexander’s grant to La Tour is void, because to an alien. Elliot’s counsel desire the government and trade as it was granted to Temple and Crowne by virtue of the King’s warrant. Reply : The King may grant by the law of nations what he is not in possession of, and empower to take possession. He that discovers and yields a country to the King of Scotland is therein equal with a native of his dominions. To give free trade to strangers would overthrow the Plantation, but if it be judged of public advantage to discourage and remove the present planters after so many years’ settlement, they desire that the 5,712l. which they paid to those before them for damages and purchases of the propriety may be first paid to them. Indorsed, “Report of the Committee of Council for Nova Scotia, 17 June 1661.” 2 pp. [Col. Papers, Vol. XV., No. 65.]

Copy of the preceding. Indorsed by Joseph Williamson, Nova Scotia, but without date. [Col. Papers, Vol. XV., No. 66.]

Another copy of the above signed R[ichard] B[lathwayt]. With a memorandum, That by an agreement between Sir Thos. Temple and Wm. Crowne, dated 12th September 1657, it is provided that Crowne shall possess all lands westward from the mouth of the River Dumache alias Machias for 100 leagues into the country, to Muscentus on the confines of New England, and into the sea 30 leagues with all islands, and particularly the Port of Pentagouet or Penobscot, and the sole trade with the natives. That Temple shall have the sole trade on the River Dumache for the 100 leagues mentioned, provided Crowne pay at the due terms five moose and five beaver skins, as part of the honorarium due to Cromwell and heirs, and the 20th part of all furs and fruits to Sir Charles. Signed Stephen La Tour. “Memorandum. The interest of Maj. Edward Gibbons.” Indorsed, The case of Elliot, La Tour, Crowne, and Temple, abt. Nova Scotia. 3 pp. [Col. Papers, Vol. XV., No. 67.]

“America and West Indies: June 1661.” Calendar of State Papers Colonial, America and West Indies: Volume 5, 1661-1668. Ed. W Noel Sainsbury. London: Her Majesty’s Stationery Office, 1880. 35-42. British History Online. Web. 2 April 2020. http://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol5/pp35-42.

America and West Indies Colonial Papers: October 1733, 16-31

The document is a summary of discussions and recommendations regarding the land rights and defense considerations in Nova Scotia and other British colonies in America. It begins with a representation on Mrs. Campbell’s petition regarding land rights in Nova Scotia, tracing back to the original grants by French kings and subsequent confirmations. Despite missing documents, evidence suggests Mrs. Campbell’s rightful claim to lands and quit rents. It proposes compensating her for quit rents and reinstating her possession.

Moving on, it addresses security concerns in British colonies, particularly vulnerability to French attacks. It discusses potential threats to various islands, including the Leeward Islands, Barbados, and Jamaica, highlighting weaknesses in defenses and suggesting reinforcements. It stresses the importance of Jamaica, urging efforts to increase its population and fortify defenses.

The document also discusses defense strategies for the Bahama Islands and the potential threat posed by French settlements surrounding Nova Scotia. It suggests recruiting settlers from Newfoundland and other areas to populate Nova Scotia and strengthen its defense.


Council of Trade and Plantations to Committee of Privy Council. Representation upon petition of Mrs. Campbell. Continue : We have discoursed hereupon with Coll. Philips, H.M. Governour of Nova Scotia, and likewise with Mrs. Campbell the petitioner, who hath laid before us several papers and affidavits relating to her title to the aforesaid lands and quit rents in Nova Scotia, from whence it appears, That in 1631 the Most Christian King Lewis XIII gave the Government of Nova Scotia or Accadie to Monsieur Charles de St. Estienne, Sieur de la Tour, grandfather to the petitioner, who had Letters Patents granted to him thereupon.

What the particulars contained in the said Letters Patent were, does not appear, because no copies of them have been produced to us, but upon the death of Lewis XIII, his son Lewis XIV etc. having been informed of the progress and improvements made in Accadie by the said Sieur de la Tour was pleased by new Letters Patents bearing date February 25th, 1651, to confirm him in the post of Governour and Lieutenant General of Accadie or New France and likewise in the full and free possession of all the lands which had been before granted to him in that Province with full power to dispose of them to whom and in such proportions as he should think proper ; as appears by a printed copy of the said Patent which refers to the former of 1631, and for want of that former Patent it cannot be ascertained whether the whole Province or what part thereof was granted to the said de la Tour.

It would seem that the second Patent of 1651 was issued by way of confirmation of La Tour’s title just after he had been acquitted of certain charges alledged against him ; for the petitioner hath produced to us a decree made for that purpose by the Masters of Requests in the French King’s Court and Chancery bearing date the ninth day of February of the same year 1651, and in this decree mention is likewise made of a former Commission granted to the Sieur de la Tour dated Feb. 8th, 1631, constituting him Lieutenant General for the French King in the said Province of Accadie, Fort St. John, Port de la Tour, and the places dependant upon them.

This decree was confirmed by the French King’s Order in Council dated the 26th of the same month, and the said Sieur de Tour was thereby absolved from all accusations which had been preferred against him for treason or maladministration in his government of Accadie and reinstated and maintained in the full possession and enjoyment of all the lands which had been acquired by him or in his name in the said territory of Accadie or New France. Under the authority of these Letters Patents and of the decree of the Masters of Requests and Chancery confirmed by the French King’s Order in Council Mrs. Campbell alledges that the said De la Tour, her grandfather, for the good of the State and for the encouragement of those who desired to settle in this new colony, as well as in conformity to the intention of the King his master, distributed part of the lands he had acquired in the Province under his government at a very low rate to the new inhabitants, upon certain conditions or Articles made with them in his own name or in the names of his attornies or agents, which contracts were either plundered and taken away from the Petitioner, or burned in the last descent and invasion of the [Mi’kmaq] in Nova Scotia, in which the Petitioner’s first husband was killed.

She supposes however that copies of these contracts might be found in some of the publick offices in Nova Scotia, and that altho’ they should be entirely lost, yet her long possession with the successive and uncontested payments of rents to her, down to the years 1729 and 1730, would be sufficient proofs for the support of her present claim. The aforesaid Charles de St. Estienne de la Tour being dead, the petitioner alledges, that his only son the petitioner’s father succeeded him in all his estates, titles, possessions, honours and privileges, which he continued to enjoy peaceably to the time of his death in the year 1704, leaving several children his heirs who enjoyed his inheritance under the guardianship of their mother until the year 1713, when the Province of Nova Scotia was yielded to Great Britain by the 12th Article of the Treaty of Utrecht.

By the 14th Article of that Treaty, it was expressly provided that the subjects of the King of France in Nova Scotia should have liberty to remove themselves within the term of one year to any other place if they should think fit, with all their moveable effects, but that such as should be willing to remain there and be subject to the Kingdom of Great Britain, should enjoy the free exercise of their religion, according to the usage of the Church of Rome, as far as the laws of Great Britain do allow the same. But her late Majesty Queen Anne was pleased by her letter to General Nicholson bearing date the 23rd day of June, 1713, in consideration of the French King’s having at her request released some of his Protestant subjects from the galleys to allow the French inhabitants in Nova Scotia and Newfoundland to hold their lands or dispose of them if they thought fit etc. Letter from Queen to Governor Nicholson quoted. (v. C.S.P. 23rd June, 1713).

Continues: Hereupon soon after the publication of the foregoing letter in Nova Scotia, the several brothers and sisters of the Petitioner’s coheirs of the land and premises in question retired into the neighbouring Provinces under the domination of France, and left the Petitioner who would not abandon her country, sole proprietor in possession of all their lands and rents, under certain conditions agreed upon amongst themselves. The conveyances which were made to the Petitioner upon this occasion have been produced to us and bear date November 9th, 1714. The Petitioner sets forth that notwithstanding the refusal made by the inhabitants of Minis to pay her the rents to which they were engaged by their articles because she durst not go thither to compel them for fear of the [Mi’kmaq] , by whom she was seized about seven years ago, and run a very great hazard of being massacred, the revenue ariseing to her from thence amounted to 80 or 90 pounds sterling p. annum which she offers to confirm by oath, not being able at present to give better evidence of the value of the income arising from the said rents ; and she likewise further avers that her lands are now set for a 20th part of their real value.

To prove her possession and enjoyment of the lands and premises in question, the petitioner produces two orders under the hand of the aforesaid Governor Philipps dated July 5th, 1721, and Sept. 19th, 1722, by which all the inhabitants and landholders are ordered to pay her the rents stipulated in their contracts. She likewise produces a certificate subscribed and sworn to by the Reverend Mr. Robert Cuthbert, sometime minister of Annapolis Royal where the Petitioner resided, as Chaplain to Colonel Philipp’s regiment, who deposes that during his residence at Annapolis he was well acquainted with the Petitioner etc. who was seized and possessed of a large estate of inheritance lying in and about Annapolis Royal in Nova Scotia and was reputed and esteemed both by English and French and other the inhabitants thereabouts to be Lady of the Mannor lands and premises situated as aforesaid and to be legally intitled thereto, and as such received the rents and profits thereof during this deponent’s stay there ; and this deponent saith that he hath been present and several times seen the rents and profits of the premises aforesaid paid to her from the French, and believes that in her own name she gave proper and legal receipts and discharges for the same, and that the said Agatha Campbell held and enjoyed the aforesaid lands and premises without any interruption or molestation and free from any claim or demand whatsoever during this deponent’s residence there.

The Petitioner hath likewise produced to us three affidavits of Mary Barton, John Welch and William Tipton, who severally depose that they have lived many years at Annapolis Royal during which time they were well acquainted with the Petitioner etc. and that during their abode in Nova Scotia she was acknowledged sole Lady of the Manour, lands and premises of all the inhabited parts of that Province and that in her own right she received the rents and acknowledgements thereof from the inhabitants enjoying the same without molestation, and that she was a Protestant of the Church of England and greatly beloved by the inhabitants her tenants, as will appear more largely by the said affidavits etc. annexed. Having heard what the petitioner had to alledge in support of her claim, we thought it proper upon this occasion to discourse with Governor Philipps etc., by whom most of the facts alledged by the Petitioner in support of her right have been confirmed, particularly as to the value of the quit rents, and her receipt of them, as the rightful proprietor thereof, and that she would have continued to do so to this day but that a stop was put thereto in 1730 in consequence of H.M. orders upon a representation from the said Colonel Philipps till Mrs. Campbell’s title should be further enquired into and H.M. pleasure be known thereupon.

We have also examined the Histories of this Country and searched the books of our office with respect to the facts alledged by the Petitioner, from whence it appears amongst other things, that in the year 1621 the country of Nova Scotia was granted by King James 1st to Sir William Alexander, afterwards Earl of Sterling, who took possession thereof, drove out the French who had encroached upon it, and planted a colony there. That in the year 1630 the said Sir William Alexander sold his right to Nova Scotia to Monsieur Claude de la Tour, a French Protestant, to be held by him and his successors under the Crown of Scotland. That about the year 1631 King Charles 1st made some sort of concession of the said country to the Crown of France, reserving nevertheless the right of the Proprietor who had before enjoyed it.

That in 1633 notwithstanding this last mentioned concession the said King Charles 1st by Letters Patents bearing date the 11th of May in the same year granted to Sir Lewis Kirk and others full privilege not only of trade and commerce even in the River of Canada, which is to the northward of Nova Scotia, and places on either side adjacent, but also of planting colonies and building forts and bulwarks where they should think fit, but the said Sir Lewis Kirk and partners were molested by the French in the enjoyment and exercise of their privileges. That several years afterwards in the year 1654 Cromwel having then a fleet at New England caused the country of Nova Scotia to be seized, as being antiently a part of the English Dominions to which the French had no just title, and the proprietor of the said country Sir Charles de St. Estienne, son and heir to the fore-mentioned Monsieur de la Tour, coming thereupon into England and making out his title under the aforesaid Earl of Sterling and the Crown of Scotland, his right was allowed of by Cromwell ; whereupon the said St. Estienne, by his deed bearing date the 20th of November 1656 made over all his right and title to Nova Scotia to Sir Thomas Temple and Mr. William Crown ; one or both of them who did accordingly continue to possess and enjoy the same with the profits thence arising until the year 1667 when Nova Scotia was yielded to the French by the Treaty of Breda, and was accordingly delivered to them in 1670 by virtue of an order from King Charles the Second to Sir Thomas Temple, who then resided as Governor upon the place.

From this time to the Treaty of Utrecht, when N. Scotia was again surrendered by France to the Crown of Great Britain, our books make no mention of the descendants of the abovementioned Monsieur de la Tour ; but as the Petitioner with her brothers and sisters were found in possession of the lands and quit rents abovementioned, we think it highly reasonable to believe that after the surrender of Nova Scotia to France in 1670, the French King did thereupon restore Monsieur de la Tour, the Petitioner’s father, to the enjoyment of his estate, and it appears to us upon the whole that the Petitioner Mrs. Agatha Campbell is daughter to the last mentioned Monsieur de la Tour and grand-daughter to Monsieur Charles Saint Estienne, Sieur de la Tour, whose right to Nova Scotia was allowed by Cromwell, and that partly by right of inheritance and partly by cession from her relations, she is justly entitled to all the possessions and rents belonging to her said father and grandfather not disposed of by them during their respective lives ; but what those rents and possessions were does not appear to us for want of the first Letters Patent to the Sieur de la Tour in 1631, excepting the quit rents abovementioned of eighty or ninety pounds pr. annum. Whereupon we would take leave to propose that H.M. should be graciously pleased to order a valuable consideration to be paid to the Petitioner for her said quit rents, and also for the extinguishment of her claim to any other part of Nova Scotia ; and in the meantime to issue his Royal Orders to Coll. Philipps, the present Governor of Nova Scotia or to the Commander in Chief there for the time being to give the necessary directions in that Province, that all arrears of rents or quit rents due to the Petitioner from the inhabitants of Nimos or others since the year 1730 or from the time of her receiving the last payments be paid to her the said Agatha Campbell without delay ; and that she be re-instated in the possession of such lands and quit rents as she was possessed of before the late orders for stopping the payment of her rents, and to enjoy them without any let or molestation, until the aforesaid consideration shall be paid. [C.O. 218, 2. pp. 273-292]

Some considerations relating to the security of the British Colonies in America. If a war should break out between England and France, it is natural to expect they will attack us where we are weakest, and that is in America. The Leeward Islands may be overrun in a very few days from Guardaloupe or Martinique, etc. Barbados would make but a very poor resistance, having no forces but their own militia, and their fortifications in a very bad condition. Jamaica might possibly be defended by a powerfull sea force against a descent from Hispaniola, but ye French have near 20,000 people in their part of that island, settl’d within ye space of a few years, whereas Jamaica tho’ planted in Oliver Cromwell’s time, and capable of maintaining 200,000 inhabitants by ye last returns from thence had no more than 7,648 white people, including men, women, and children. And is under daily alarms from her runaway black people].

Gives details of numbers of inhabitants : 74,525 slaves etc. Argues that the Leeward Islands being so small are not capable of supporting a sufficient number of inhabitants to defend them against the superior forces of the French in their neighbouring Colonies. There may be between 3 or 4000 in the four islands, but they are dispers’d, and can never be brought together for their common defence : and therefore the Crown has constantly been at the expence of maintaining a regiment of foot there, which has been an expence thrown away to no manner of purpose etc. This Regiment has been so manag’d that ye inhabitants could have expected but very little protection from it, being always vastly deficient in its numbers, and ye few soldiers that were effective, except tradesmen who could earn their own bread, have been almost starv’d for want of subsistance, consequently much fitter for hospital than for service.

Proposes that the Colonel should be immediately ordered to his post and to make, in conjunction with the Governor, a return of the strength of the Regiment : that it be forthwith recruited ; and as it is impossible for the common soldiers to subsist there upon their own pay, that the Governor be instructed to recommend to the people to make the same additional provision for them at least, which the Assembly of Jamaica give to their 2 Independent Companies. But this Regiment compleated to its full establishment will be but of little use without a Naval force etc. The loss of these islands, or even the destruction of their sugar works, would be a great detriment to England, and an irreparable damage to the inhabitants, who have not to this day recovered the losses of the last war etc. The Admiralty have a very good harbour at Antegoa, and we should upon the first apprehension of danger, have two ships of war at the least upon this station.

The property of the King’s subjects in these islands, including their slaves, stock, coffers and buildings is computed at near three millions sterl. Barbados has of late years given so much money to their Governors that they have not been able to lay out any upon their fortifications, but their charge upon that head is at present considerably diminished and therefore their Governor should be instructed to recommend to them to take care of the necessary repairs for their fortifications and supply of their magazine. For I fear the number of their inhabitants is much lessen’d of late. Upon the least umbrage of a war they should have the same number of ships for their defence which were employ’d on that station during the last war. This will be the more necessary at present, because of the French encroachments at Santa Lucia which lies within sight of Barbados, and of the encrease of the French inhabitants in their neighbourhood.

Jamaica has always been deservedly our chief concern, as well upon acct. of its scituation, as of its real value, and if the inhabitants had understood their own interest or had half so much concern for themselves as we have had for them, they would not have been in so bad a condition as they now are. Instead of being a great burthen to us, they might, with good conduct, by this time have been able to stand alone, and have been the terror of the West Indies. But it is too late to look backwards, and some way must be found out effectualy to people this island, or we shall certainly lose it. Our Fleets indeed may do a great deal for the defence of Jamaica ; but it is to be consider’d that the same winds which may bring a force from Hispaniola, may confine our ships in port ; and an Iland upon which we have long valu’d ourselves, be lost, notwithstanding our naval force, in a very few days. It will therefore be highly necessary to send some person of spirit, integrity, and capacity to command this Iand. He should be instructed to send home a full and true state of their condition.

How it comes to pass that they are not better peopled? What impediments there are to the settling of the country? and how they may be removed, either by the Legislature of the Iland, or that of Great Britain? for this is too valuable a jewel in the Crown of England, to be lost by the petulance of the inhabitants, or the exorbitant avarice of a few leading men, who have eat up all their poor neighbours and expelled them the Iland. Something in the nature of an Agrarian law must be made for Jamaica if we intend to keep it. No man should be allow’d to hold more land than he can cultivate, and great encouragment should be given to draw inhabitants thither, for England could not lay out money to a better purpose. In the mean while we should allow them as many ships for their defence in case of danger, as they had any time the last war. And we must not wait till we hear the French are going to send ships into the West Indies ; for we may be undone by the land force they have there already etc. Suggests sending, upon the first apprehension of a rupture a strong land force also into the iland, under the command of some experienced officer. The Bahama Ilands in case of a war would lye greatly expos’d to an invasion from the Spanish Colonies at Porto Rico, Hispaniola or Cuba, but especially from the last. The temptation of attacking them will not arise from the plunder, the inhabitants being hitherto very poor, but their scituation is of very great importance, and therefore they will merit a farther land force for their defence, having only one Company there at present.

And as they have a good harbour at Providence for 20 gun cruisers, two ships of that size may be station’d here to good purpose, to watch the Spanish plate fleets, and be a cheque upon the navigation of the Gulph of Florida. It were to be wished that these were the only British Dominions in America expos’d to danger ; but it is certain that the French may make themselves masters of Nova Scotia whenever they please. It is easie to perceive from one cast of the eyes upon the map, that this Province is surrounded almost on every side by the French settlements of Cape Briton, L’isle Madam, Anticosta, the river of St. Laurence, and Canada, in all which places, the French are very strong and numerous, especialy at Cape Briton and L’isle Madam etc., but we have hardly one civil inhabitant in the whole province of Nova Scotia, and what is still worse, we have upwards of 3000 French Papists settled in the heart of the countrey, who have remained there ever since the Peace ; and tho’ they have with great difficulty been prevail’d on not long since to take the oaths of allegiance to the King ; there is no doubt that they would readily joyn with their countreymen to recover this Province for the Crown of France etc. Something should be done without loss of time. It may not perhaps be adviseable to ask the assistance of Parlt. yet nothing can be done without expence.

Palatines or Saltburgers might certainly be had in Holland, and in my humble opinion they ought to be had. But there is one other way which has formerly been recommended as advantageous to the publick in every respect, and that is to engage the straglers, now settled in Newfoundland, where they do a great deal of harm, to transport themselves to Nova Scotia, where they may be of some use to their Mother Countrey. And as these people are already inur’d to the hardships of these cold climates they would be of more service there than a much larger number from any other place. All reasonable encouragements should therefore be given to them, and indeed to any other people that are dispos’d to settle in Nova Scotia, till that Province shall have acquir’d a reasonable defence. It may likewise be for the King’s service, that Col. Philips should be order’d forthwith to recruit his Regt. to the full establishment, and if the men were allow’d to carry wives with them they might in time do something towards peopling the countrey. But this is only one of those gradual expedients to which many more might be added, but which would not save the present emergency etc. The preservation of this Province, and of the Fishery upon its coast, which is preferable to that of Newfoundland, would always deserve a station ship, and more in time of war, with another regiment. Without date or signature. Endorsed, Oct. 28th, 1733. 5 pp. [C.O. 5, 5. No. 2.]

“America and West Indies: October 1733, 16-31.” Calendar of State Papers Colonial, America and West Indies: Volume 40, 1733. Eds. Cecil Headlam, and Arthur Percival Newton. London: His Majesty’s Stationery Office, 1939. 216-232. British History Online. Web. 2 April 2020. http://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol40/pp216-232.

America and West Indies Colonial Papers: December 1658

In these papers we see Colonel Thomas Temple acknowledges receiving a letter and cargo from Lord Fienes and Company through Captain Middleton. He expresses gratitude for their support and promises to send the cargo’s produce to London with a suitable profit as soon as trade permits. Nova Scotia, he believes, is valuable to England due to its potential in staple commodities like fishing, furs, minerals, timber, coal, and oil fishing.

Temple refers Lord Fienes and Company to instructions given to Captain Breedon, who represents him. He mentions concluding deals with various parties and outlines the necessity of managing the fishing trade wisely for future settlement success. Temple also discusses the need for a commission to preserve trade in Nova Scotia. He expresses concerns about rival bids from New England merchants and explains his financial situation and dealings with Captain Breedon. Instructions to Breedon include delivering letters, providing information on Temple’s debts and stock, and fitting out a ship for Nova Scotia. The document elaborates on Temple’s claim to Nova Scotia, mentioning its disputed history and his acquisition from Delatour. It also highlights the potential risk to Temple’s title if the dispute between France and England over forts and territory is not resolved.


Col. Thos. Temple to [Lord Fienes and Company]. Has received their letter and cargo by Capt. Middleton. Acknowledges their goodness in taking him and his affairs into their protection. The produce of the cargo, with a suitable profit, shall be sent to London as soon as trade will permit. Capt. Middleton has explored the country in a barque belonging to Col. Temple, with good pilots, but is now dangerously sick. Is emboldened to express his thoughts and knowledge of “this business.” Nova Scotia very considerable to England, from the staple commodities it may produce; the chief, fishing. Furs, all sorts of mines, timber, excellent coals, and oil fishing in great abundance. Refers them to the instructions he has given Capt. Breedon, one of the chief of the New England merchants; has empowered him to contract with the Company on his part. Has concluded with Col. Crowne for a portion of land that formerly belonged to Plymouth patent; paid the New England merchants 5,000l.; also Capt. Leverett and the State, as bound by articles to the Lord Protector, 2,300l.; and Mons. Delatour, the twentieth skin, as by agreement. Concerning Capt. Rea’s 200l. per annum, Capt. Breedon has orders to treat with him about it. Conceives three things necessary to a future settlement: If the fishing trade were wisely managed, thinks the Company would soon be master of much of the King of Spain’s revenues. Hopes his modest propositions will give satisfaction. Begs the [Sparrow] Pink may be speedily made ready.

Col. Temple to [Thos. Povey?] Necessity of obtaining a commission for preservation of trade in Nova Scotia, if again reinstated in his right and title to the country. Fears the merchants of New England will underhand bid money to Mr. Elliott, particularly one Mr. Horwood, “one of our Company.” Is sure they have been great gainers by him; came before knowing how to manage trade, which first cast him into debt. Explains the circumstances. Was at great expense in keeping 150 men the first and second years. Capt. Breedon has promised, if necessary, to lay down 1,000l. for him. [Copy, by Capt. Breedon.]

Instructions of Col. Temple, Lieut. to the Lord Protector “in Acadia or Nova Scotia,” to Capt. Thomas Breedon. To deliver Temple’s letters to Lord Fienes and Company, and inform them fully of the state of affairs in Nova Scotia. To give an account of his debts, amounting to 4,660l. 8s. 11d, and of his stock at St. John’s Fort, Port Royal, and Boston, worth 2,724l. 3s.; of the charges necessary to carry on the trade, and the produce that may be made of a good stock prudently managed; of his willingness to be incorporated with them in a Company, upon certain propositions, either of which he will agree to. To fit out the Sparrow pink, given to him by Cromwell, with all expedition, with goods suitable for his affairs in Nova Scotia. Powers to conclude with the Company on his behalf.

I. State of the case of Col. Temple as to his interest in Nova Scotia. Those parts continually in dispute between the French and English, given up to France by the treaty of 1632 [St. Germain]. Granted by Sir Wil. Alexander and also by the French King to Delatour, who built St. John’s Fort, “now the chief if not the only fort;” Port Royal having been lately demolished. Subsequently taken by Major Sedgwick. Delatour makes over his interest to Col. Temple and Col. Crowne on 20 Sept. 1656. Assaulted and taken by the French, but retaken by Col. Temple. Damages received on either side not yet determined. Whether the Kirkes or any other English have a title to that country. Claim of Col. Temple by a good and valuable consideration from Delatour. This “prudential consideration” is added. The blemishing of Col. Temple’s title before the difference is settled between the two Crowns concerning the forts and country may occasion his soldiers to abandon and sell them to the French.

“America and West Indies: December 1658.” Calendar of State Papers Colonial, America and West Indies: Volume 1, 1574-1660. Ed. W Noel Sainsbury. London: Her Majesty’s Stationery Office, 1860. 470-472. British History Online. Web. 2 April 2020. http://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol1/pp470-472.

English Settlement and Local Governance

nova scotia ensign

“Because post-Revolutionary American government resembled the practices of the corporation colonies, proprietary governments often have been neglected. Yet, the proprietary form represented an equally plausible approach to delegating governance authority. Englishmen interested in the settlements viewed the invention of the proprietary form as an improvement over the corporation colony; proprietaries achieved real settlement success. Nova Scotia (1621), Avalon (1623), Maryland (1632), and Maine (1639), as well as Carolina (1663), New York and New Jersey (1664), Pennsylvania (1681), and East Jersey (1682), all followed the proprietary form. The coexistence of settlements with authority delegated through corporate governance practices and those with authority delegated to individual feudal proprietors indicates the absence of preconceived notions about the appropriate manner of government for colonies.

Although we tend to think of the charter as emblematic of democratic constitutionalism, the term charter first appeared in the early proprietary grants. The proprietary form involved governing practices under which an inheritable proprietorship was given by the Crown to a nobleman, a cohort of titled lords served as councilors, and a dependent assembly assented to legislation. The proprietor acquired social status as the highest lord and the economic privilege of collecting quitrents (in essence, rents or taxes on land). His political authority was similar to the English palatinates of Durham and Chester; the social aspiration came from idealized English manorial society.

The impetus for proprietary charters seems to have arisen both from frustration with the corporation and the feudalistic aspirations of a few noblemen. The oft-forgotten Sir Ferdinando Gorges played an important role. Since 1607, Gorges had been involved in the failed colonial ventures of the Plymouth Company. In 1620, he abandoned the corporation approach and had the Company restructured as the “Council . . . for the planting, ruling, ordering, and governing of New-England” (the Council for New England). The Council was in form a board of proprietors, made up of noblemen and gentlemen. It held constitutionally limited lawmaking authority and granted land to Gorges, Council members, and friends. Some grants were never used and reverted; others did not prove particularly successful.

Although the Council’s grants did not prosper, others adopted the idea of proprietary settlements. In 1621, a Scottish nobleman, Sir William Alexander, obtained a charter from James I and the Scottish Privy Council naming him hereditary Lieutenant General over Nova Scotia (New Scotland). The charter, the first so described, gave Alexander extensive powers so long as the laws were “as consistent as possible” with those of Scotland. Alexander’s was a feudal vision: he established a Scottish-style feudal order, planned to raise money by creating hereditary Knights-Baronet, and obtained a coat of arms.

By contemporary standards, Nova Scotia was successful, surviving until the early 1630s when the settlement was evacuated pursuant to a French agreement. Other less successful settlements have drawn less attention.

On Newfoundland and Nova Scotia, older scholarship should be consulted:

D. W. Prowse, History of Newfoundland from the English, Colonial and Foreign Records (2d ed., London, 1896); St John Chadwick, Newfoundland: Island into Province (Cambridge, 1967); Thomas H. McGrail, Sir William Alexander, First Earl of Stirling: A Biographical Study (London, 1940), chapters 5 and 6 on Nova Scotia; George Pratt Insh, Scottish Colonial Schemes, 1620–1686 (Glasgow, 1922), ch. 2; and George Bourinot, Builders of Nova Scotia; A Historical Review (Toronto, 1900; includes the charter).”

Mary Sarah Bilder. “English Settlement and Local Governance.” The Cambridge History of Law in America Volume 1: Early America (1580–1815), Cambridge University Press (2008): 63-103. https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1941&context=lsfp

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