Nova Scotia Constitutional Timeline

An expanded version of what’s put forth by the Nova Scotia legislature.

1493 – May 4, Alexander VI, Pope of Rome, issued a bull, granting the New World. Spain laid claim to the entire North American Coast from Cape Florida to Cape Breton, as part of its territory of Bacalaos.

1496 – March 5, Henry VII, King of England issued a commission to John Cabot and his sons to search for an unknown land

1498 – March 5,  Letters Patents of King Henry the Seventh Granted unto John Cabot and his Three Sonnes, Lewis, Sebastian and Sancius for the “Discouerie of New and Unknowen Lands”

1502 – Henry VII commissioned Hugh Eliot and Thomas Ashurst to discover and take possession of the islands and continents in America; “and in his name and for his use, as his vassals, to enter upon, doss, conquer, govern, and hold any Mainland or Islands by them discovered.”

1524 – Francis I, King of France, said that he should like to see the clause in Adam’s will, which made the American continent the exclusive possession of his brothers of Spain and Portugal, is said to have sent out Verrazzano, a Florentine corsair, who, as has generally been believed, explored the entire coast from 30° to 50° North Latitude, and named the whole region New France.

1534 – King Francis commissioned Jacques Cartier to discover and take possession of Canada; “his successive voyages, within the six years following, opened the whole region of St. Lawrence and laid the foundation of French dominion on this continent.”

1578 – June 11, Letters patent granted by Elizabeth, Queen of England to Sir Humphrey Gilbert, knight, for “the inhabiting and planting of our people in America”.

1584 – March 25, Queen Elizabeth renewed Gilbert’s grant to Sir Walter Raleigh, his half-brother. Under this commission, Raleigh made an unsuccessful attempt to plant an English colony in Virginia, a name afterwards extended to the whole North Coast of America in honor of the “Virgin” Queen.

1603 – November 8, Henry IV, King of France, granted Sieur de Monts a royal patent conferring the possession of and sovereignty of the country between latitudes 40° and 46° (from Philadelphia as far north as Katahdin and Montreal). Samuel Champlain, geographer to the King, accompanied De Monts on his voyage, landing at the site of Liverpool, N.S., a region already known as “Acadia.”

1606 – April 10, King James claimed the whole of North America between 34° and 45° North latitude, granting it to the Plymouth and London Companies. This entire territory was placed under the management of one council, the Royal Council for Virginia. The Northern Colony encompassed the area from 38° to 45° North latitude.

1620 – November 3, Reorganization of the Plymouth Company in 1620 as the Council of Plymouth for New England, encompassing from 40° to 48° North latitude.

1621 – September 29, Charter granted to Sir William Alexander for Nova Scotia

1625 – July 12, A grant of the soil, barony, and domains of Nova Scotia to Sir Wm. Alexander of Minstrie

1630 – April 30, Conveyance of Nova-Scotia (Port-royal excepted) by Sir William Alexander to Sir Claude St. Etienne Lord of la Tour and of Uarre and to his son Sir Charles de St. Etienne Lord of St. Denniscourt, on condition that they continue subjects to the king of Scotland under the great seal of Scotland.

1632 – March 29, Treaty of Saint-Germain-en-Laye, between King Louis XIII. and Charles King of England for the restitution of the New France, Cadia and Canada and ships and goods taken from both sides.

1632 – May 14/24 – Concession of the River and Bay of St. Croix to Commander Razilly, by the Company of New France

1635/6 – January 15/25 – Concession of Acadia to Sir Charles La Tour, By The Company of New France.

1638 Grant to Charnesay and La Tour

1647 – February – Commission To Lord D’Aulney Charnizay, By Louis XIV of France.

1651/2 – February 25th,March 7th – Letters Patent Confirming Sir Charles La Tour In Acadia, By Louis XIV. Of France.

1654 – August 16, Capitulation of Port-Royal

1656 – August 9/19, The Grant of Acadia, By Oliver Cromwell

1656 – September 17/27 – Commission to Colonel Temple, By Oliver Cromwell

1667 – July 31, The treaty of peace and alliance between England and the United Provinces made at Breda

1668 – February 17, Act of cession of Acadia to the King of France

1689 – English Bill of Rights enacted

1691, October 7, A charter granted by King William and Queen Mary to the inhabitants of the province of Massachusetts Bay, in New England

1713 – March 31, Treaty of peace and friendship between Louis XIV. King of France, and Anne, Queen of Great Britain, made in Utrecht

1713 – April 11, Treaty of navigation and commerce between Louis XIV, king of France, and Anne, Queen of Great Britain

1719 – June 19, Commission to Richard Philips to be Governor (including a copy of the 1715 Instructions given to the Governor of Virginia, by which he was to conduct himself)

1725 – August 26, Explanatory Charter of Massachusetts Bay

1725 – December 15, A treaty with the Indians (Peace and Friendship Treaty, ratification at Annapolis)

1727 – July 25, Ratification at Casco Bay of the Peace and Friendship Treaty of 1725

1728 – May 13, Ratification at Annapolis Royal of the Peace and Friendship Treaty of 1725

1748, October 7–18, The general and definitive treaty of peace concluded at Aix-la-Chapelle

1749 – September 4, Renewal of the Peace and Friendship treaty of 1725

1752 – November 22, Treaty between Thomas Hopson, Governor in Chief in and over His Majesty’s Province of Nova Scotia and Major Jean Baptiste Cope, Chief Sachem of the Tribe of the MickMack Indians inhabiting the Eastern Coast…

1758 – Nova Scotia Legislature established (consisting of the Lieutenant Governor, his Council and the newly established, elected legislative assembly called the House of Assembly)

1760 – March, Treaty of Peace and Friendship concluded by the Governor of Nova Scotia with Paul Laurent, Chief of the La Heve tribe of Indians

1761 – November 9, Treaty of Peace and Friendship between Jonathon Belcher and Francis Muis

1763 – February 10, France ceded, for the last time, the rest of Acadia, including Cape Breton Island (‘île Royale), the future New Brunswick and St John’s Island (later re-named Prince Edward Island), to the British (Treaty of Paris) and it was joined to Nova Scotia

1763 – October 7, Royal Proclamation

1769 – Prince Edward Island established as a colony separate from Nova Scotia

1779 – September 22, Treaty signed at Windsor between John Julien, Chief and Michael Francklin, representing the Government of Nova Scotia

1784 – Cape Breton Island and New Brunswick established as colonies separate from Nova Scotia

1820 – Cape Breton Island re-joined to Nova Scotia

1838 – Separate Executive Council and Legislative Council established

1848 – Responsible government was established in Nova Scotia (Members of the Legislature appointed a majority of those in the Legislative Council)

1867 – “Union” of provinces of Canada, New Brunswick and Nova Scotia as the “self-governing” federal colony of the Dominion of Canada (British North America Act, 1867 — now known in Canada as Constitution Act, 1867) & the Parliament of Canada established (consisting of the Queen, the Senate and the House of Commons)

1928 – Abolition of the Legislative Council (leaving the Legislature consisting of the Lieutenant Governor and the House of Assembly)

1931 – Canadian “independence” legally recognized (Statute of Westminster, 1931)

1960 – Canadian Bill of Rights enacted

1982 – “Patriation” of the amendment of the Constitution of Canada & adoption of the Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms (Canada Act 1982)

Jefferson, Thomas. Notes on the State of Virginia. J. Stockdale, 1787. https://tile.loc.gov/storage-services/service/gdc/lhbcb/04902/04902.pdf

Legislature of the State of Maine. “The Revised Statutes of the State of Maine, Passed August 29, 1883, and Taking Effect January 1,1884.”, Portland, Loring, Short & Harmon and William M. Marks. 1884. https://lldc.mainelegislature.org/Open/RS/RS1883/RS1883_f0005-0017_Land_Titles.pdf

Farnham, Miss Mary Frances. “Documentary History of the State of Maine: Volume VII Containing The Farnham Papers 1603-1688”. Maine Historical Society. Portland. 1901. https://archive.org/details/documentaryhisto07main, https://tile.loc.gov/storage-services/public/gdcmassbookdig/farnhampapers01farn/farnhampapers01farn.pdf

Kennedy, William P. Statutes, Treaties and Documents of the Canadian Constitution: 1713-1929. Oxford Univ. Pr., 1930. https://www.canadiana.ca/view/oocihm.9_03428

Harvard Law School Library. “Description Legislative history regarding treaties of commerce with France, Spain relating to New Foundland, Nova Scotia, and Cape Breton,” ca. 1715? Small Manuscript Collection, Harvard Law School Library. https://nrs.harvard.edu/urn-3:HLS.LIBR:19686447, Accessed 07 June 2021

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

Murdoch, Beamish. “Epitome of the laws of Nova-Scotia” [Halifax, N.S.? : s.n.], 1832 (Halifax, N.S. : J. Howe) Volume One: https://www.canadiana.ca/view/oocihm.59437, Volume Two: https://www.canadiana.ca/view/oocihm.59438, Volume Three: https://www.canadiana.ca/view/oocihm.59439, Volume Four: https://www.canadiana.ca/view/oocihm.59440

Marshall, John G. “The justice of the peace, and county and township officer in the province of Nova Scotia : being a guide to such justice and officers in the discharge of their official duties” [Halifax, N.S.? : s.n.], 1837 (Halifax [N.S.] : Gossip & Coade) https://www.canadiana.ca/view/oocihm.36869, Second Edition: https://www.canadiana.ca/view/oocihm.38224

Livingston, Walter Ross. Responsible Government In Nova Scotia: a Study of the Constitutional Beginnings of the British Commonwealth. Iowa City: The University, 1930. https://hdl.handle.net/2027/wu.89080043730https://archive.org/details/responsiblegover0000livi

Bourinot, John George. “The constitution of the Legislative Council of Nova Scotia” [S.l. : s.n., 1896?] https://archive.org/details/cihm_10453/page/141, https://www.canadiana.ca/view/oocihm.10453/14?r=0&s=1

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

Labaree, Leonard Woods. “Royal Instructions to British Colonial Governors 1670–1776“. Vol. I and Vol. II. The American Historical Association. (New York : D. Appleton-Century Company, 1935) https://archive.org/details/royalinstruction0001laba, https://archive.org/details/royalinstruction0002laba

Beamish Murdoch, “On the origin and sources of the Law of Nova Scotia” (An essay on the Origin and Sources of the Law of Nova Scotia read before the Law Students Society, Halifax, N.S., 29 August 1863), (1984) 8:3 DLJ 197. https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=1399&context=dlj

Shirley B. Elliott, “An Historical Review of Nova Scotia Legal Literature: a select bibliography”, Comment, (1984) 8:3 DLJ 197. https://digitalcommons.schulichlaw.dal.ca/dlj/vol8/iss3/12/

Documentary History of the State of Maine: Volume VII Containing The Farnham Papers 1603-1688

Extracts From The Patent Of Acadia to De Monts By Henry IV of France, November 8/18, 1603.

Henery by the grace of God Kinge of ffrance and Navarre. To our cleare and welbeloved the Lord of Monts, one of the Ordinary Gentlemen of our Chamber, greetinge. As our greatest care and labour is, and hath alwaies beene, since our cominge to this Crowne, to maintaine and conserueitin the anntient dignity, greatnes and splendour thereof, to extend and amplifie, as much as lawfully may bee done, the bounds and limitts of the same. Wee beinge of a long time informed of the situacon and condicon of the lands and territories of La Cadia, moved above all thinges with a singuler zeale, and devout and constant resolucon wch wee have taken with the helpe and assistance of God Authour Distributour and Protectour of all Kingdomes and estates to cause the people we doe inhabite the countrey, men at this piite time barbarous. Atheists without faith or religion, to be conuerted to Christianity, and to the beliefe and profession of our faith and religion, and to drawe them from the ignorance and vnbeliefe wherein they are, havinge also of a longe time knowen by the relagon of the Sea Captaines, Pylotts, Merchants and others, who of longe time have haunted, frequented, and trafficked with the people that are found in the said places, how fruitfull, commodious, and profitable may bee with vs, to our estates and subiects, the dwellinge possession and habitagon of those countries, for the great and apparant profit we may bee drawen by the greater frequenta9on and habitude wch may be had with the people that are found there, and the Trafficke and commerce wch may bee, by that means safely treated and negotiated. Wee then for these causes fully trustinge on your great wisedome, and in the knowledge and experience that you have of the qualitie, condicon and situation of the said countrie of La Cadia : for the divers and sundry navigarons, voyages, and frequentaoons that you have made into those parts and others neere and borderinge vpon it. Assuringe our selues that this our resolution and intention, beinge committed vnto you, you will attentively, diligently, and no less couragiously and valorously execute and bring to such perfeccon as wee desire : Have expressly appointed and established you, and by these presents signed with our owne hands, doe committ, ordaine, make, constitute and establish you, our Lievtenant generall, for to represent our person in the countries, territories, coasts, and confines of La Cadia. To begin from the 40 degree to the 46. And in the same distance, or part of it, as farre as may bee done, to establish, extend, and make to bee knovven our name, might and authoritie. And vnder the same to subiect, submitt and bringe to obedience all the people of the said land and the borderers thereof: And by the meanes thereof and all lawfull waies, to call, make, instruct, provoke and incite them to the knowledge of god, and to the light of the faith and Christian religion, to establish it there : And in the exercise and profession of the same, keepe and conserue the said people, and all other inhabitants in the said places, and there to commauud in peace, rest and tranquillity as well by sea, as by land: to ordaine, decide and cause to be executed all that wch you shall iudge fitt and necessary to bee done, for to maintaine, keepe and conserue the said places vnder our power & authority by the formes, waies and meanes prescribed by our lawes. And for to have there a care of the same with you to appoint, establish and constitute all Officers, as well in the atfaires of warre, as for Justice and policie, for the tirst time, and from thence forward to name and present them vnto vs, for to bee disposed by vs, and to give Ires, titles, and such provisoes, as shalbee necessarie. And accordinge to the occurrences of affaires your selfe with the aduice of wise, and capable men, to prescribe vnder our good pleasure, lawes, statutes, and ordinances conformable, asmuch as may be possible, vnto ours, specially in thinges and matters that are not provided by them. To treate and contract to the same effect, peace, alliance, and confederacy, good amity correspondency, and communicacon with the said people and their princes, or others, havinge power or commaund over them: To entertaine, keepe and carefully to obserue, the treatises, and alliances wherein you shall covenant with them; upon condicon that they themselves performe the same of their part. And for wont thereof to make open warre against them, to constraine and bring them to such reason as you shall think needful!, for the honour, obedience and service of god, and establishment, maintenance and conseruacon of our said authoritie amongst them: at least to haunt and frequent by you, and all our subiects with them, in all assurance, libertie, frequentacou, and communicacon there to negotiate and trafficke lovingly and peaceably. To give and graunt vnto them fovours, and priviledges, charges and honours, wth intire power abovesaid, we will likewise and ordaine, that you have over all our said subiects that will goe in that voyage with you and inhabite there, trafficke, negogiate and remaine in the said places, to retaine, take, leserue, and appropriate vnto you, what you will and shall see to bee most commodious for you, and proper for your charge, qualitie and vse of the said lands, to distribute such parts and porcons thereof, to give and attribute vnto them such titles, honors, rights, powers and faculties as you shall see necessary, accordinge to the qualities, condicons and meritts of the persons of the same Countric or others. Chiefly to populate, to manure, and to make the said lands to be inhabited as spedily, carefully, and skillfully, as time, places and commodities may permitt: To make thereof, or cause to be made to that end, discoverie and view alonge the maritime Coasts and other Countries of the maine land, wch you shall order and prescribe in the foresaid space of the 40 degree to the 46 degree or otherwise, asmuch and as farre as maybee alonge the said Coast, and in the firme land. To make carefully to be sovght and marked all sorts of mines of gold and siluer, copper, and other Metalls and Mineralls, to make them to be digged, drawne from the earth, purified, and refined for to bee conuerted into vse, to dispose accordinge as wee have prescribed by Edicts and orders, wch wee have made in this Realme of the profitt and benefitt of them, by you or them by whom you shall establish to that effect, reseruinge vnto vs only the tenth peny, of that wch shall issue from them of gold, silver and copper, leavingo vnto you that wch wee might take of the other said Metalls and Mineralls, for to aide and ease you in the great expenses that the foresaid charge may bringe vnto you;….

….And to the end no body may pretend cause of ignorance, of this our intention, and to busie himself in all, or in parte of the charge, dignitie, and authoritie wch wee give vnto you by these presents: We have of our certain knowledge, full power, and rogall authoritie, revoked, suppressed and declared voide, and of none ctlect hereafter and from the present and all other powers and Comissions, Itres and expedi^ons given and delivered to any person soeuer, for to discover, people and inhabite in the aforesaid extension of the said lands scituated from the said 40 degree to the 46, whatsoever they bee. And furthermore wee command and ordaine all our said officers of what qualitie and condi90u soever they bee, that after these pnts or the duplicate of them shallbee duely examined by one of our beloved and trustie Counsellors, Notaries, and Secretaries, or other Notarie Royall, they doe vpon our request, demaund, and sute, or vpon the sute of any our Atturneys, cause the same to be read, published, and recorded in the records of their iurisdic9ons, powers, and precincts, seekinge, as much as shall apperteine vnto them, to quiet and appease all troubles and hinderance wch may contradict the same. For such is our pleasure. Given at fountain-bleau the 8 day of November: in the yeare of our Lord 1603: And of our Raigne the 15. signed Henery : and vnderneath, by the Kinge, Potier ; And sealed upon single labell with yellow Avaxe.

Grant To Claude La Tour, By Sir William Alexander. April 30-May 10 1630.

In the name of God Amen know all those who these Lettrs Patients shall see or shall heare read, that vpon this present thirtie day of Aprill in the yeare of our Lord one thousand Sixe hundred and thirtie before me Josh Maynet Notary & Tabellion Royall dwelling in London Admitted and sworne by the Authoritie of or Souaihne Lord the King, & in the prince of the witnesses, herevnder named were present in pson My Lord Wm Allexauder Knight Lord of Menstrie & Cheife Secretary of State for the Kingdome of Scotland for his said Majesties ot great Bretany privy Counsellor of State, & Leiut vnto his said Majestie in New Scotland in America on the one pt who haueing by Lettrs Pattents, from his said majesties under the great scale of Scotland, the Donation of all the Said Countrey of New Scotland called by the french the Countrey of Accadye, in America, vnto him & his heyres in ffief & ppetuall inheritance, bearing date the tenth of the Moueth of September in the yeare One thousand Sixe hundred twentie & one, he hath out of the respect & amitie wch he beareth vnto St Claude de Sainct Estieune Knight Lord of La Tour & of Vuarre, & Vnto Charles de Sainct Estienne Esqr Lord of Samt Denicourt his Sonne on the other pt the Said St Claude de St Estienne being present accepting & by these presents Stipulating for his Said Sonne Charles being absent & for their heyres, & as well for the merit of their psons & for theire assistance to the better discovery of the said Countrey, & vpon other consideracons, the said Lord Allexander hath giuen & by these p^uts, franckely & freely doth giue vnto the said Knight de La Tour & vnto his said Sonne & vnto theire heyers, they seeing Cause ppetually & for euer to dispose of as of theire owne proprietie, true & Loyall acquest, & Conquest all the Country Coasts & Islands, from the Cape & River of Ingogon nere vnto the Cloven Cape in the said New Scotland

Called the Countrey & Coast of Accadye, following the Coast & Islands of the said Countrey towards the East vnto Port de La Tour formerly named L’omeroy & further beyond the said Port following along the said Coast vnto Mirliquesche nere vnto & beyond the Port & Cape of L Heue drawing forward fifteene leagues within the Said Lands towards the North, of all the wch said lands & seas the said Knight de la Tour & his sonne shall receiue all the fruicts, profits emoluments that may provene generally and whatsoeuer as of theire owne proper & loyall acquest in all right & Jurisdiccon & priviledges whatsoeur as much or more then any Marquis, Earle or Baron holds or rayseth from the Crowne of Scotland, according to the Lawes or Lettrs Pattents vnto the said Lord Allexander, & vnto them graunted by the Kings of Scotland, within the wch Countrey, Lands & seas aboue named, they may make build & erect villages, Townes, & Castles & fortresses as they shall see good, wch said Knight de La Tour, and his said Sonne shall hold & enjoye, all the said Countrey here aboue Avithin the said Limitts named from the King & the succession of the said Crowne of Scotland in tfief &, title of honnor & right of inheritance with the said Sr Wm Alexander to them by vertue of the power to him by the said Pattents giuen hath erected and entitled by two Barronnies, namely the Baronny of Sainct Estienne & the Baronny of de La Toure, wch may be Limitted & bounded equally betweene the said Knight de La Tour & his Said Sonne, if they shall see cause, vpon Condition that the said Knight de la Tour, & his said sonne, as he hath pmissed & for his Said Sonne by these profits doth gmisse to be good & faithful Vassalls of the said Sovraigne Lord the King of Scotland & theire heyres and successors, & to giue vnto him all obedjence & assistance to the reduceing of the people of the said Countrey & to entertaine good

Amitie & Correspondency with the said Lord Alexander & his heyres, and all his subjects wch there shall be planted & resident, & shall maintaine good & faithfull Societie & Vnion & the respect due vnto the said Lord Alexander as vnto the Leiut of the King, the said Lord Alexander gmissing also on his part Amitie Societie Correspondency assistance & protection from his said Majesties & from him selfe his Leiu flurthermore & over & abone the said Lord Allexander graunteth vnto the said Knight de La Tour & vnto his said Sonne & vnto theire heyres & successors & Assignes for euer the right of Admiraltie in all the extent of theire said Lands & Limitts The said Lord Allexander & Knight de La Tour to hold & fullfill the Contents of what is aboue, without euer in any sort whatsoeuer violating thereof vpon the obliging of all theire goods profit & to come &, vpon the pgenaltie of the Ordinances appointed by the Lawes Established on the one pt & the other to the violation hereof, the said Lord Allexander pmissing over & aboue to make or Cause to be made more ample Writing in good & due forme, according and Conformably vnto the said Lettrs Patients vnto him graunted by his said Majesties whereof a Coppie Collationed with the Originall shall be giuen vnto the Said Knight de La Tour & his said Sonne & the said Lord Allexander shall cause these profits to be agreed vnto, & ratifyed by his said Majesties vnder the great Seale of Scotland, it need shall require, in witnes of the truth hereof there are two writtings of the same tenor made & jndented wch each ptie hath respectiuely signed sealed & delivered, this made & passed in Martins Lane nere vnto this Cittie of London in the princee of sr Allexander Strachan Baronet of Thornton, George Angush Peter James & Kich’ Grimes witnesses herevnto Called & admitted

Signed W Alexander a litle seale

Concession of the River and Bay of St. Croix to Commander Razilly, by the Company of New France. May 14/24, 1632.

La Compagnie de la Nouvelle France : A tous ceux qui ces preseutes lettres verront ; Salut. Le desir que nous avons d’aporter toute la diligence possible a I’etablissement de la colonic de la Nouvelle France, nous faisant rechercher ceux qui ont la volonte d’y coutribuer de leur part, & I’obligation que nous avons de recompenser, par toutes voies, les travaux de ceux qui nous assistent, & d’embrasser les occasions de leur temoiguer par effets, etant bien informe des bonnes intentions que Monsieur le Commandeur de Razilly, Lieutenant general pour le Roi en la Nouvelle France, a toujours eu pour faire reussir cette enterprise, en desirant Ten reconnoitre par les gratifications a nous possibles. A ces causes avons audit sieur de Razilly donne & octroj^e, donnons & octroyons par ces presentes, I’etendiie des terres & pays qui ensuivent, a sgavoir la riviere & bale SainteCroix, isles y contenues, & terres adjacentes d’une part & d’autre en la Nouvelle France, de I’etendiie de douze lieiies de larges, a prendre le point milieu en I’isle Sainte-Croix, ou le sieur de Mons a hiverne, & vingt lieiies de profondeur depuis le port aux coquilles, qui est e I’une des isles de Ten tree de la riviere & bale Sainte-Croix, chaque lieiies de quatre mille toises de long. Pour jouir desdits lieux par ledit sieur de Razilly, ses successeurs ay ant cause, en toute

propriete justice & seigueurie a perpetuite, tout & ainsi, & a pareils droits qu’ il a plu au Roi donner le pays de la Nouvelle France a la Compaguie ; a la reserve de la foi & houimage que ledit sieur Commaiideur, ses successeurs ayans cause, seront tenus porter au fort Saint-Louis a Quebec, ou autre lieu qui sera destine par ladite Compagnie, par un seul hommage tige a chaque mutation de possesseur desdits lieux avec une maille d’or du poids d’une once, & le revenu d’une annee de ce que ledit sieur Commandeur se sera reserve, apres avoir donue a fief ou a cens & rente, tout ou partie desdits lieux ; que les appellations du juge qui sera etabli desdits lieux par ledit sieur de Razilly, resortiront nuemeut a la cour & justice souveraine qui sera etabli ci apres au fault Saint-Louis ou ailleurs ; que les hommes que ledit sieur Commandeur fera passer en la Nouvelle France tourneront a la decharge & diminution du nombre de ceux que la Compagnie doit laire passer, sans que ledit sieur Commandeur ou les siens puissent traiter des peaux & pelleteries qu’ aux conditions portes par I’edit de I’etablissement de la Compagnie de la Nouvelle France ; & en cas que ledit sieur Commandeur desire faire porter a cette etendiie de terre quelque nom & titre plus honorable, se retirera vers le Roi & Monseigneur le Cardinal de Richelieu, Grand-Maitre, Chef & Surintendant general de la navigation & commerce de France, pour lui etre pourvii conformement aux articles accordes a ladite Compagnie. En temoin de quoi nous avons signe ces presentes. A Paris, au Bureau de la Nouvelle France, le dixneuvieme mai mil six cent trente-deux. Signe Lamy avec par araphe Secretaire.

The Company of New France: To all those who will see these previous letters; Hi. The desire we have to bring all possible diligence to the establishment of the colony of New France, making us seek out those who are willing to contribute their share, and the obligation we have to reward, by all means, the work of those who assist us, & to embrace the opportunities to testify to them in effect, being well informed of the good intentions that Mr. Commander de Razilly, Lieutenant General for the King in New France, has always had to make this enterprise a success, wishing to recognize it through the gratifications available to us. For these reasons we have hereby given and granted to the said sieur de Razilly, the extent of the lands and countries which follow, namely the river and the Sainte-Croix base, the islands contained therein, and adjacent lands on the one hand & on the other in New France, from the extent of twelve leagues wide, to take the midpoint in the island of Sainte-Croix, where the Sieur de Mons wintered, and twenty leagues deep from the shell port , which is one of the Ten Tree Islands of the Sainte-Croix River and Base, each island four thousand toises long. To enjoy the said places by the said sieur de Razilly, his successors having cause, in all

property justice & serieury in perpetuity, everything & so, & with the same rights that the King was pleased to give the country of New France to the Company; with the reservation of the faith & houimage that the said sir Commander, his successors having cause, will be required to bring to Fort Saint-Louis in Quebec, or other place which will be destined by the said Company, by a single homage owed to each transfer of possessor of the said places with a link of gold weighing one ounce, & the income of one year of what the said sir Commander will have reserved for himself, after having given to fief or to cens & rent, all or part of the said places; that the appellations of the judge who will be established from the said places by the said sieur de Razilly, will fall entirely to the sovereign court and justice which will be established hereafter in Saint-Louis or elsewhere; that the men that the said Mr. Commander will send to New France will turn into landfill and a reduction in the number of those that the Company must pass through, without the said Mr. Commander or his people being able to process skins and furs except under the conditions stipulated by the edict of the establishment of the Company of New France; & in the event that the said sir Commander wishes to give this expanse of land some more honorable name & title, will retire to the King & Monseigneur the Cardinal de Richelieu, Grand Master, Chief & General Superintendent of navigation & commerce of France, to be provided to him in accordance with the articles granted to the said Company. In witness whereof we have signed these presents. In Paris, at the Bureau de la Nouvelle France, May 19, one thousand six hundred and thirty-two. Lamy sign with Secretaire initials.

Concession of Acadia to Sir Charles La Tour, By The Company of New France. January 15/25, 1635/6.

La Compagnie de la Nouvelle France: A tous ceux qui ces presentes lettres verront, Salut. Le desir que nous avons d’ accroitre la colonic de la Nouvelle France, nous faisant recevoir ceux qui nous peuvent aider en ce loiiable dessein; & voulant les inciter d’ avantage, en les gratifiant de quelques portions de terres a nous concedees par le Roi, apres avoir ete certifies des bonnes intentions de Charles de SaintEtienne sieur de la Tour, Lieutenant General pour le Roi es cotes de l’Acadie en la Nouvelle France, nomme par Monseigneur le Cardinal Due de Richelieu, Pair de France, Grand-Maitre, Chef & Surintendant general de la naviofation & commerce de ce Royaume, sur la presentation de ladite Conipagnie, & avoir leconnu Ie zele dudit sieur de la Tour a la Reliirion Catholique, Apostolique & Romaine, & au service de Sa Majestd, avons donne & octroye, donnons & octroyons par ces presentes, eu vertu du pouvoir a nous donnd par Sa Majesty, le fort & habitation de la Tour, situe en la riviere Saint-Jean en la Nouvelle France, entre les 45 & 46, degrees de latitude, ensemble des terres prochainenient adjacentes Ti icelui dans I’dtcndiie de cinq lieiies au dessous le long dc ladite riviere, sur dix lieiies de profondeur dans les terres : le tout selon les bornes qui en seront assignees, pour en jouir par ledit sieur de la Tour, ses successeurs ou ayans cause, en toute propriete, justice & seigneurie, & tout ainsi qu’ il a pIu au Roi donner & conceder ledit pays de la Nouvelle France en notredite Compagnie; tenir le tout en fief mouvant & relevant de Quebec, ou autre lieu qui sera ci-apres designd par ladite Compagnie, a la charge de la foi & homniage que ledit sieur de la Tour, ses successeurs ou ayans cause seront tenus de porter audit fort de Quebec ou ailleurs, & de payer les droits & profits de fiefs, ainsi qu’il se pratique aux mutations de personnes ; & que ledit sieur de la Tour, ses successeurs ou ayans cause ne pourront faire cession ou transport de tout ou de partie des choses ci-dessus a lui concedees pendant dix ans, a compter du jour & date des presentes, sans le gre & le consentement de ladite Compagnie ; & apres dix ans il lui sera loisible, a ses successeurs ou ayans cause, d’en disposer avee les niemes charges ci-dessus, au profit des personnes capable, & faisant profession de la Religion Catholique. Apostolique & Romaine. Fait & aecorde le quinziemme Janvier mil six cent trente-cinq.

Extrait des deliberations de la Compagnie de la Nouvelle France. Si’jue A. Cheffault avee paraphe.

The Company of New France: To all those who see these present letters, Hello. The desire we have to increase the colony of New France, allowing us to receive those who can help us in this lawful purpose; & wanting to encourage them further, by rewarding them with some portions of land granted to us by the King, after having been certified of the good intentions of Charles de Saint-Etienne sieur de la Tour, Lieutenant General for the King on the coast of Acadia in New France, appointed by Monsignor Cardinal Due de Richelieu, Peer of France, Grand Master, Chief & General Superintendent of shipping & commerce of this Kingdom, on the presentation of the said Conipagnie, & having recognized the zeal of the said sir of the Tower to the Catholic, Apostolic & Roman Reliirion, & in the service of His Majesty, we have given & granted, let us give & grant by these presents, by virtue of the power given to us by His Majesty, the fort & habitation of the Tower, located in the Saint-Jean River in New France, between 45 and 46 degrees of latitude, all the lands next adjacent to it in the distance of five leagues below along the said river, on ten leagues of depth in the lands: all according to the limits which will be assigned, to be enjoyed by the said sieur de la Tour, his successors or those having cause, in complete ownership, justice & lordship, & all as the King was able to give & concede the said country of New France in our said Company; hold the whole in moving fief and depending on Quebec, or other place which will hereinafter be designated by the said Company, in charge of the faith and homage which the said sieur de la Tour, his successors or successors in cause will be required to bear to said fort from Quebec or elsewhere, & to pay the rights & profits of fiefs, as is done for transfers of people; & that the said sieur de la Tour, his successors or assigns may not transfer or transfer all or part of the above things granted to him for ten years, from the day and date hereof, without the will and the consent consent of the said Company; & after ten years it will be open to him, to his successors or those having cause, to dispose of it with the same charges above, for the benefit of capable people, & professing the Catholic Religion. Apostolic & Roman. Done and agreed on the fifteenth day of January one thousand six hundred and thirty-five.

Extract from the deliberations of the Compagnie de la Nouvelle France. Si’jue A. Cheffault with initials.

Commission To Lord D’Aulney Charnizay, By Louis XIV of France. February, 1647/8.

Lewis by the Grace or God King of France & Navarr to all People present and to com greeting. Being well informed & assured of the laudable & commendable aflection, trouble & diligence that our dear and well beloved Charles de Menou Knight Lord d’Aunay Charnisay apointed by the late King of blessed memory our most honoured Lord & Father (whom God absolve) Gouvernor and our Lieutenant General in the Country & Caost of La Cadie in New France hath used both to the conversion of the Savages in the said Country to the Christian Religion and Faith, and the establishing of our authority in all the extent of the said Country, having built a Seminary under the direction of a good number of Capucine Friars for the instruction of the Said Savages’s Children, and by his care and courage driven the Forein Protestants out of the Pentegoet Fort which They had seized to the preiudice of the rights and authority of our Crown, & hy our oxpres commandment taken again by force of arms, and put again under our power the Fort of the River Saint John which Charles of Saint Etienne Lord de la Tour was possessed of, and by open rebellion endeavoured to keep against our will and to the great contempt of the declarations of our Council by the help and countenance of Forein Protestants with whom he had made a confederacy for that purpose, and that moreover the said Lord d’Aunay Charnizay hath happily began to form and settle a French Colony in the said Country, cleared and improuved great parcels of lands, and for the defence and conservation of the said Country, under our authority and power built and strenuously Kept against the endeavours and assaults of the said Forein Protestants four Forts in the most necessary places, and them furnished with a sufficient number of Soldiers, sixty great guns & other things requisit to that, all with great & immense charges, the which to bear he hath been forced to borrow of severall persons great sums of money, we not having been able to give him all the assistance in that occasion that we had given, if the necessity of our affairs had permitted Us. Make Known that we desire with all our heart for the glory of God the encreasing of the Christian Faith and Relligion the Salvation of those poor Savages’s Souls, who live in ignorance without any Religion & knowledge of our Maker, as also for the honour and greatness of our Crown that so pious and honorable a work be carried on and finished as perfectly as possible, fully trusting in and assured of the zeal care industry courage good & wise behaviour of the said d’Aunay Charnizay, & being willing, as it is but reasonnable to reward his good and faithfull services, have by the advice of the Quen Regent our most honoured Lady and Mother, and with certain knowledge full power and Royall Authority the said Lord d’Aunay Chavnizay confirmed, and do confirm a new as much as need is or might be, and have apointed and do apoint by these presents signed by our own hand Gouvernor and our Lieutenant General representing our Person in all the above said Countrys Territorys Caosts and bounds of i’Acadie, beginning from the brink of the great River Saint Laurens, both along the Sea-caost and adiacent jslands, and innerpart of the main Land, and in that extent as much and as far as can be as far as the Virginias,1 to settle and make known our name, power and Authority and submitt to it the People that dwell there, to bring them and cause Them to be instructed in the knowledge of the true God and light of the Christian Relligion and Faith, and command there upon the sea as well as upon the Land, to order and put in execution all that he knoweth that can and ought to be done for the maintaining and keeping the said places under our Authority and Power, with power to appoint and settle all Officers both Civil & Military for the first time, and afterwards name Them to us and present Them for our confirmation and to give Them our Letters to that necessary : and according to the occurrences of aflairs with the advice & concill of the wisest and ablest persons make laws statutes and ordinances conform to ours as much as it is possible, make peace, alliance & confederacy with the said People Their Princes & others having power & commandment over Them, to make open war against Them, to establish and maintain our Authority and the freedom of trade and conunerce between our Sublets and Them and in other cases as he will think fit, to grant our said Subiects who may live and trade in the said Country et to the Natives thereof privileges places & dignitys according [to] the qualitys & merits of Persons, all under our good pleasure. We do will that the said d’Aunay Charnizay may and We (x’wc him power to keep and appropriate to himself what he will think most convenient & proper to his Settlement and use of the said Countrys and places, and to distribute such parts thereof as he pleaseth both to our said Sublets that will settle there, and to the Natives, and to grant them such titles, honours, rights powers & facultys as he will think fit, according [to] the qualitys, merits & services of Persons ; to cause the mines of gold silver, copper & other metals and minerals to be carefully Sought after and to put them in use as it is prescribed by our declarations. We reserve only the tenth part to our selves of the protit arising of the gold silver & copper ories and leave to him what might belong to us as to the other metals & minerals to help him to bear the other expences of his Gouvernement. We do grant to the said Lord d’Aunay Charnizay leave to build Towns, Forts harbours & other places that he thinketh to be usefuU for ye above mentioned purposes, and there to Set such Officers & garrisons as need shall be, and generaly to do for the settlement habitation & conservation ot the said Countrys, Lands & Coasts of I’Acadie from the said River S. Lawrens as far as the Virgines, their appartenances & dependences under our name & authority all that we could do our selves if we were there in person, giving him to that end all power & authority & special commission by these presents. Et for as much that the only way that he hath hitherto had & hath now and may have for the time to come, to bear part of the great charges that he hath been and is still at the said Lord d’Aunay Charnizay, for the keeping both of the said four Forts and garrisons there, and the Colony that is forming there and the Friars and Seminary abovesaid, all which things are maintained and do subsist at his own charge & cost, no body else having contributed to it any thing, is the trade and trafSck of furs with the said Savages, without which he could not maintain himself and would be fain’ to leave and abandon all to the preiudice of God’s honor and our Crown’s and the Savages’s souls who have already embraced Christianity, We have graciously given and granted to the said Lord d’Aunay Charnizay exclusively of all Others and by these presents do give and grant in confii’ming his actual possession of the same the privilege power & faculty to trafick & trade in furs with the said Savages throughout the said Country of main Land and caost of I’Acadie from the River Saint Lawrens to the Sea, and as far as the said Countris & Caost may be extended to the Virginias, to possess it as well as the lands, gold silver & copper mines and other metals & minerals, and all other things above mentioned himself, his heirs & assigns and make homage of them to us either in person or by an Atorney considering the distance of the places and the danger by reason of his absence ; to cause the said trade of furs to be menaged by Those he will appoint, and give power to do it. We do expresly forbid all merchants masters & Captains of ships and others our Sublets and the Natives of the said Country of whatsoever condition & quality They be to trade in the said furrs with the said jndians without his special leave and permission on pain of disobedience and entire confiscation of Their vessels, victuals arms, munitions and goods for the said Lord d’Aunay Charnizay and thirty thousand livers [livres] of fine. We do permit the Lord d’Aunay Charnizay to hinder Them by all means, to stop the Offenders, Their Vessels arms and victuals, in order to deliver them into the hand of justice, to be proceeded against the persons and goods of the said Offenders And in order that our intention and will be known and no body may plead ignorance, we command all our justices and officers every one in his place that at the request of the said Lord d’Aunay Charnizay They shall cause these presents to

be read published et registered, and what is contained in them to be kept and observed pounctually, causing to be posted up the contents Thereof in the seaports havens and other places of our Kingdom Lands & Countrys of our Dominions where need shall be, willing that credit be given to the coppys well collated by one of our beloved & faithfull Councellors & Secretarys or Notary Royall required to do it as to the present original. For such is our pleasure, jn witness whereof we have caused our seal to be set to these presents. Given at Paris in the month of February in the year of grace thousand six hundred forty seven, and the fourth of our reign

Signed

Lewis & lower By the King the Queen Regent his Mother being present De Lomenie.

1 A word formerly used to denote New England as well as more southern colonies.

Letters Patent Confirming Sir Charles La Tour In Acadia, By Louis XIV. Of France. February 25th, March 7th 1651/2

LOUIS, par la grace de Dieu, Roi de France & de Navarre ; a tous presens & a venir, Salut. Etant bien informes & assures de la louable & recommendable atlection, peine & diligence que notre cher & bien ame Charles de Saint-Etienne, Chevalier, Sieur de la Tour, qui etoit cidevant institud & etabli par le feu Roi de tres-heureuse memoire, notre tres-honore Seigneur & pere (que Dieu absolve), Gouverneur & notre Lieutenant general au pays & cote de I’Acadie en la Nouvelle France, & lequel, depuis

quarante-deux ans en ca a apporte & utilement employe tous ses soins, tant a la conversion des Sauvages dudit pays a la foi & religion chretienne, qu’a Tetablissement de notre autorite en toute I’etendue dudit pays ; ayant construit deux forts, & contribue de son possible pour I’instruction des enfans desdits Sauvages, &, par son courage & valeur, chasse les etrangers religionnaires desdits forts, desquels ils s’ etoient empares au prejudice des droits & autorites de notre Couronne ; ce qu’ il auroit continue de faire, s’ il n’ en eut etc empeche par Charles de Menou, Sieur d’Aulnay Charnisay, lequel auroit tavorise ses ennemis en des accusations & suppositions qu’ ils n’ ont pu verifier, & desquelles ledit de Saint-Etienne a ete absous le seizieme fevrier dernier: Et que davantage, il est besoin d’ etablir audit pays des colonies Francoises, pour defricher & cultiver les terres, & pour la defense & conservation dudit pays, munir & garnir les forts de nonibre suffisant de gens de guerre, & autres chores a ce requieses & necessaires, oii il convient faire de grandes depenses ; savoir faisons que Nous, en pleine confiance du zele, soin, Industrie, courage, valeur, bonne & sage conduite dudit de Saint-Etienne, & voulant, comme il est bien raisonnable, reconnoitre ses bons & fideles services, avons, par I’ avis de la Reine Regente, notre treshonoree Dame & mere, & de nos certaine science, pleine puissance & autorite royale, icelui Sieur de Saint-Etienne confirrae & confirmons de nouveau, en tant que besoin est ou seroit, ordonne, & etabli, ordonuons & etablissons par cespresentes, signees de notre main, Gouverneur & Lieutenant general, representant notre personne en tous les pays, territoires, cotes & confins de I’Acadie, suivant & conforniement aux patentes qui, si durement lui en ont ete expediees, pour y etablir & faire reconnoitre, notre nom, puissance & autorite, y assujetir, soumettre & faire obeir les peuples qui y habitent, & les faire instruire en la connoissance du vrai

Dieu & a la lumiere de la foi & religion chretienne, & y coinniander, tant par iiier que par terre, ordonner & faire executer tout ce qu’ il connoitre se devoir & pouvoir faire, pour maintenir & conserver Iesdits lieux sous notre autorite & puissance, avec pouvoir de commettre & etablir, & instituer tous offieers, tant de guerre que de justice, pour la premiere fois, &, dela en avant nous les nommer & presenter pour les pouivoir & leur donner nos lettres a ce necessaires ; & selon les occurences des affaires, avec I’avis & conseil des plus prudens & capables, faire & etablier loix, statuts & ordonnances, le plus qu’ il se pourra, conformes aux notres ; traiter & contracter paix, alliance & confederation avec lesdits peuples, ou autres ay.-mt pouvoir ou conimandenient sur eux ; leur faire guerre ouverte, pour etablir & conserver notre autorite, & la liberty du trafic & negoce entre nos sujets & eux, & autre cas qu’ il jugera a propos ; jouir & octroyer a nos sujets qui hahiteront ou negocieront auxdits pays & aux originaires d’ icelui, graces & privileges, et honneurs, selon les qualites et nierite des personnes : le tout sous notre bon plaisir, Voulons et entendons que ledit Sieur de 8aint-Etienne se reserve et approprie, & jouisse pleinenient & paisiblement de toutes les terres si lui ci-devant concedees, & d’ icelles en donner & departir telle part cju’ il avisera, tant a nosdits sujets qui s’y habitueront, qu’ auxdits originaires, aiusi qu’ il jugera bon etre, selon les qualites, nierite & services des personnes ; de faire soigneusement rechercher les mines d’or, argent, cuivre, & autres nietaux & mineraux, & de les faircs niettre & convertir en usage, coinine il est prescrit par nos ordonnances ; nous reservant du profit (jui proviendra de celles d’or, argent ift; cuivre seulement, le dixieme dernier : & lui deiaissons & affectons ce qui nous pourroit appartenir dos autres nietaux & mineraux, pour lui aider a supporter les autres depenses que sadite charge lui apporte. Voulons que ledit Sieur de Saint-Etienne, privativement a

tous autres, jouisse du privilege, pouvoir & faculty de trafiquer & fuire la traits de pelleteries avec lesdits Sauvages, dans toute l’etendue dudit pays de terre ferrae & cote de I’Acadie, pour en jouir & de toutes les choses ci-dessus declarees, & par ceux qu’il commettra & a qui il en voudra donner la charge : faisant tres-expresses inhibitions & defenses a tous marchands, maitres & capitaines de navires et autres nos sujets originaires dudit pays, de quelque etat, quality & condition qu’ ils soient, de faire trafic et la traite desdites pelleteries avec lesdits Sauvages, audit pays & cote de I’Acadie, sans son expres conge & permission, a peine de desobeissance & confiscation de leurs vaisseaux, vivres, armes, munitions & marchandises, au profit dudit Sieur Saint-Etienne, & de dix mille livres d’ amende : permettons a icelui Sieur de Saint-Etienne de les empecher par toutes voies, & d’ arreter les contrevenans a nosdites defenses, leurs navires, armes & victuailles, pour les remettre es mains de la justice, & etre procede contre les personnes & biens desdits desobeissans, ainsi qu’ il appartiendra. Et a ce que cette notre intention & volonte soit notoire, & qu’ aucuns n’en pretendent cause d’ ignorance, mandons & ordonnons a tous nos officiers & justiciers qu’ il appartiendra, qu’a la requete dudit de Saint-Etienne ils ayent a faire lire, publier, registrer ces presentes, & le contenu en icelles faire garder & observer ponctuellement, faisant mettre & aflScher es ports, havres & autres lieux de notre royaume, pays & terres de notre ob^issance que besoin sera, un extrait sommaire du contenu en icelles : Voulant qu’aux copies, qui en seront duement coUationnees par l’un de nos ames & feaux Conseillers & Secretaires ou Notaire royal sur ce requis, foi soit ajoutee comme au present original : Car tel est notre plaisir ; en temoin de quoi nous avons fait mettre notre seel a ces presentes. Donne a Paris, le vingt-cinquieme jour de fevrier I’an de grace mil six cens cinquante-un,

& de notre regne le huitieme. Signe Louis ; & sur le repli est ecrit, Par le Roi & la Keine Regente sa More presente, le Tellier, avec visa, & scelle de ciie verte en lacs de sole.

LOUIS, by the grace of God, King of France & Navarre; to all present & future, Hello. Being well informed & assured of the laudable & recommendable attention, effort & diligence that our dear & good soul Charles de Saint-Etienne, Chevalier, Sieur de la Tour, who was hereafter instituted & established by the late King of most happy memory, our most honorable Lord & father (may God absolve), Governor & our Lieutenant general in the country & coast of Acadia in New France, and who, since

forty-two years in ca has brought and usefully employed all his care, both to the conversion of the Savages of the said country to the Christian faith and religion, and to the establishment of our authority throughout the entire extent of the said country; having built two forts, & contributed as much as possible to the education of the children of the said Savages, &, through his courage & valor, drove out the religious foreigners from the said forts, which they had seized to the detriment of the rights & authorities of our Crown; which he would have continued to do, if he had not been prevented by Charles de Menou, Sieur d’Aulnay Charnisay, who would have taunted his enemies with accusations and suppositions which they were unable to verify, and which the said of Saint-Etienne was absolved on the sixteenth of February last: And that furthermore, it is necessary to establish French colonies in the said country, to clear & cultivate the lands, & for the defense & conservation of the said country, to equip & garrison the forts a sufficient number of men of war, and other tasks required and necessary, where it is necessary to make large expenses; know that We, in full confidence of the zeal, care, industry, courage, valor, good & wise conduct of the said Saint-Etienne, & wanting, as is very reasonable, to recognize his good & faithful services, have, by advice of the Queen Regente, our most honored Lady & mother, & of our certain knowledge, full power & royal authority, this one Sieur de Saint-Etienne confirms & confirms again, as far as need is or would be, order, & established, let us order & we hereby establish, signed by our hand, Governor & Lieutenant General, representing our person in all the countries, territories, coasts & confines of Acadia, following & in accordance with the patents which, so harshly were sent to him, for establish & make recognized our name, power & authority, subject to it, submit & make obey the people who live there, & instruct them in the knowledge of the truth

God & in the light of the Christian faith & religion, & will cooperate, both by land and by land, order & execute everything he knows he must & can do, to maintain & preserve the said places under our authority & power , with power to commission & establish, & institute all officers, both of war and of justice, for the first time, &, from then on, we name & present them to be able to give them our letters to this necessary; & according to the occurrences of business, with the opinion & advice of the most prudent & capable, make & establish laws, statutes & ordinances, as much as possible, in conformity with ours; treat & contract peace, alliance & confederation with the said peoples, or others having power or control over them; make open war against them, to establish and preserve our authority, and the freedom of traffic and commerce between our subjects and them, and other cases that he deems appropriate; enjoy & grant to our subjects who will settle or negotiate in the said countries and to the natives of it, graces & privileges, and honors, according to the qualities and merits of the people: all under our good pleasure, We want and understand that the said Lord of 8aint- Etienne reserves and appropriates, and enjoys fully and peacefully, all the lands previously granted to him, and to give them to such part as he sees fit, both to our said subjects who will get used to it, and to the said originating, as he deems fit to be, according to the qualities, merits and services of the people; to carefully search for mines of gold, silver, copper, and other metals and minerals, and to have them cleared and converted into use, as it is prescribed by our ordinances; reserving the profit (it will come from those of gold, silver and copper only, the last tenth: and we release to him and allocate what could belong to us from other metals and minerals, to help him to bear the other expenses which his said responsibility We want the said Lord of Saint-Etienne to bring it to him privately.

all others, enjoys the privilege, power & faculty of trading & fleeing the fur trade with the said Savages, throughout the entire extent of the said country of iron land & coast of Acadia, to enjoy it & all the things above declared, & by those he commits & to whom he wishes to give charge: making very express inhibitions & prohibitions to all merchants, masters & captains of ships and other our subjects originating from the said country, of whatever state, quality & condition that they may be, to traffic and trade in the said furs with the said Savages, in the said country and on the coast of Acadia, without their express leave and permission, on pain of disobedience and confiscation of their vessels, provisions, weapons, munitions and merchandise , for the benefit of the said Sieur Saint-Etienne, & ten thousand pounds fine: let us allow this Sieur de Saint-Etienne to prevent them by all means, & to arrest the violators of our said defenses, their ships, weapons & victuals, to place them in the hands of justice, and to be proceeded against the persons and property of the said disobedients, as may be appropriate. And so that this our intention and will is known, and that no one claims it because of ignorance, let us inform and order to all our officers and justices that it will be up to the request of the said of Saint-Etienne they have to have these presents read, published, registered, and the content in them kept and observed punctually, putting up and displaying in ports, harbors and other places of our kingdom, countries and lands of our obedience as necessary, a summary extract of the contents in these: Wanting that to the copies, which will be duly paid by one of our souls and former Councilors & Secretaries or Royal Notary on this required, faith be added as to the original present: For such is our pleasure ; in witness of which we have had our seal placed on these presents. Given in Paris, on the twenty-fifth day of February in the year of Grace one thousand six hundred and fifty-one,

& of our reign the eighth. Sign Louis; & on the fold is written, By the King & the Keine Regente his More presents, the Tellier, with visa, & sealed from green sky to lakes of sole.

Extract From The Grant of Acadia, By Oliver Cromwell, August 9/19, 1656.

The country and territory called Acadia and part of Nova Scotia, from Melliguesche, (now Lunenburg) on the coast to Port and Cape La Heve, following the shores of the sea to Cape Sable, and from there to a certain Port called La Tour, and at present called Port L’Esmeron, and from there following the shores and islands to Cape Fourchere, and from thence to Cape and river Saint Mary, following the shores of the sea to Port Royal; (now Annapolis,) and from thence following the shores to the innermost point of the Bay, (now Bay of Fundy) and from thence following the said Bay to Fort Saint John, and from thence following all the shore to Pentagoet and river Saint George in Mescorus (Muscongus,) situated on the confines of New England on the west and inland all along, the said shores one hundred leagues in depth, and farther to the first habitation made by the Flemings or French, or by the English of New England ; and the space of thirteen leagues into the sea, the length of the said shores aforesaid, etc.

At Westminister, Aug. 9, 1656.

Commission to Colonel Temple, By Oliver Cromwell. September 17/27, 1656.

Oliuer P.

Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging To all to whom these, pesents shall Come. Greeting Know, yee. that wee reposing especiall. trust and. Confidence in the wisedome prudence loyalty and abillity of our trusty and welheloued Coloncll Thomas Temple, of our especiall Grace certaine knowledge and meere. mocon. Have by and wth the Advice and Consent of our Councell Graunted and Comitted And by these presents. Doe for vs. and our successors Graunt and Comitt vnto him the said Thomas Temple the Care charge Custody and Gouernment of all and singular the Countrjes Lands Islands Forts. and territoryes in America, heerin after menconed bounded and Lymitted that is to say the Countries and territories called Lacadye otherwise Accadia and part of the Countrey called Nova Scotia from Mereliquish on the East to the Port, and Cape of La Stere leading along the Coast to Cape Sable from thence to a Port now Called La Tour heretofore Le meray & from thence following the Coast and Island to the Cloven Cape and thence to the Cape and River of Ingogen following the Coast to Port Royall and thence following the Coast to the bottome of the bay. and thence along the baye to St Johns forts and thence all along the Coast, to Pontacost and the Riuer of St George to Muscontus. Scittuate vpon the Confines of New England on the west and extending from the Sea Coast vp in the land all along in the ly mitts and bounds aforesajd one hundred leagues and thirty leagues into the Sea all along the Coasts, aforest And of all and singular the Territoryes. Lands. Islands. Seas Rivors. Lakes forts and fortresses. whatsoeuer. within the Boundaryes and Lymitts Aforesaid And the Jurisdiccon of our Admiralltie and all other Jurisdiccons Rights, franchises, and libertjes whatsoeuer within the bounds, and Iimitts afforesaid And to the end he the said Thomas Temple may be the better Incouraged Awthorized and enabled to vndertake and mannage the Trust heere by in him reposed in

such manner that the Gospell and true Religion of christ maybe propagated amongt the heathen and Savage people there, the honor of vs and good of this Comonwealth Advanced, Trade promoted, and the natives. and Inhabitants in those parts reduced and brought vnder our Gouerment and protection and kept, in theire due obedjence to vs and this Comon wealth Wee haue made ordajned constituted Assigned and Appointed And by theise presents Do make Ordeyne Constitute Assigne and Appoint him the sajd Thomas Temple to be our Leiftennant of and in the Aforesajd Countrjes Lands Islands fforts Territojes and limitts aforesajd, And Doe Give and Graunt vnto him full, power and Authoritje in our name and as our Leftennan to Rule Gouerne and order all and singular the Inhabitant there as well the naturall borne people of this Comon Wealth as the natives and Savages and all other that shall happen to be or abide there according to the lawes of England, and such other good wholesome and Reasonable orders Articles and Ordinances as shall be most requisite and needefull : And all such as shall be found Disobedient in the promisses. to chastise correct and punish according to theire faults and demeritts and the lawes. Orders Articles, and ordinances aforeesajd And also wth force and strong hand to fight with kill, slay, suppresse. Subdue, and Annoy all such as in hostile manner shall Attempt or goe about to encounter the sajd Thomas Temple ; or his Company or our forces there, or to possesse and Invade the Countrje forts Territoryes and Seas Aforesajd or any of them, or in any wise to Impeach ou” possession thereof; or our Right and Title thereto, or to hurt or Annoy, him the sajd Thomas Temple or his Company ; or any the people there, being ; or that heere after shall be setled or placed in the sajd forts Country’ and Territorys or any others that shall Goe or transport themselves thither or, any part thereof vuder our protection ; streightly charging and Commanding all manner

of persons, wth now are ; or heereafter shall be Abiding in the sajd Countrjes Islands or Territorjes, or any of them ; that they be obedient Ayding and Asisting, to the sajd Thomas Temple in all things as to our Leittennanr And further Wee Doe by these prsents Give and Graunt vnto him the sajd Thomas Temple full power and Authoritje all persons as Doe or shall Inhabit there, or shall be Implojed ynder him to trayne trade and exercise in Armes according to the discipljne of warre from time [to ?] tjme and at all tjmes when and as often as neede shall requjre or by him shall be thought ffitt. for the preservacon of the publicque peace there and Safeguard ot the Countrjes forts Territoryes and Seas aforesajd And also to make constitute and Appointe vnder him fitt and Conveniant officers and ministers of Justice as well millitary as Civill ; for the peace Safety and Good Government of our sajd Countrjes Territorjes and people there And for the better execution, of our Service, and Comand in the premisses ; and securing our Interest in the sajd Countrjes Islands fforts Seas and Territorjes Wee doe by theise presents Give and Graunt. further Powere and Authoritje vnto him the sajd Thomas Temple to Errect build rajse and make such Cittyes. Townes Villages Castles Citadells. forts and fortiffications there as he shall Judge necessary and Convenient. And from tjme to tjme. in case of eminent dainger hapening or that any person, or persons shall be found mutinous or Incorrigible or notorious Disturbers of the publicque peace to cawse them to be proceeded against and chastized and punished for theire seuerall offences being Souldjers and vuder millitary discipline : according to the law martiall and not being Souldjers nor vnder millitary discipline according to the lawes of this Comon wealth And moreouer Wee doe by theise presents streightly forbid all and euery person, and persons of what degree, estate or quallitje Soeuer That they nor any of them Doe in any wise presume to trade or Intermedle with ye natives or Savages

wthin the Countrjes hinds Ishinds. Territorys seas, and precincts aforesajd by way of trade or Comerce in merchandize or otherwise wthout the speciall license and Consent of the sajd Thomas Temple first had and obteined ; And wee further wnll and Doe by theise prsents expresly forbid the sajd Thomas Temple that he Doe not in any wise give license to any Person or Persons so to trade as aforesajd who are not or shall not be in Amity wth vs and this Comon Wealth And moreouer If any person or persons, shall trade or goe about to trade wthin any the bayes Riuers Lakes Seas or Coasts of the sajd Countrjes or Territorjes wthout the Ijcense and Consent of the sajd Thomas Temple as aforesajd Then wee doe heereby. Give full powers and Authoritje vnto him the sajd Thomas Temple, and any the officers and Souldjers as he shall Imploy vnder him the Shipps Barcques. boates and other Vessells goods and merchandizes of any person or persons, there being and so trading or going about to trade wth the Natives and Savages, aforesajd or any of them contrary to this our command the sajd persons having first Due notice of the same our Comand to seize and take as forfeite and Confiscate and the same to deteyne and keepe and Convert to the bennefitt of the forts fortifficacons souldiery and other publicque vses there wthout any Accompt to be Rendered to vs. or our Successors and wthout any trouble or question for the same by way of Accon or otherwise in New England or elswhere And further wee will and by theise prsents Graunt for vs and our successors that in case of any opposicon or Resistance in the premisses by any person or persons in hostile or other manner then and so often as It shall so happen It shall and may be lawfull to and for the sajd Thomas Temple and the officers and Souldjers marriners and seamen as shall be Imployed. vnder him to fight wth kill and slay, the persons so opposing or resisting and to seize, take sincke or burne theire shipps. Barcqes boates or Vessells so tradeing or Going about to Trade wth

the natives and Savages aforesajd wthin the Countrjes Seas and Tenitorjes atoresajd or any of them wthout such licence and Consent as aforesajd And wee doe by theise presents for vs and our Successors give and Graunt vnto the sajd Thomas Temple ffull powers and Authoritje in Case of sicknes. absence or other emergent cause from time to time to make and Ordeyue by writting Vnder his hand and scale any titt and discreete person his Deputy Leftennant or Gouernor vnder him And wee heereby also Authorize and Impower the sajd Thomas Temple to doe and execute all and euery such further Lawfull Act and Acts thing and things as shall or may tend or conduce to the setling and establishing of our Gouernment in those parts and the Inhabitants and people thereof in peace and quietnes, and for Advancing of trade and Comerce there & as shall be found most fitt and necessary and beneficiall for the Honor of vs. and theise nations, and the Good and welfare of our people Given vnder our Signett at our Palace of Westminster the seventeenth day of September In the yeare of our Lord one thousand Sixe hundred fifty Sixe And Sealed wth His Highness Signett.

Was Endorsed This Copie Conteyning one hundred twenty and one lynes. written on three sheetes of paper each, sheete being written but on one side and Anexed together at the Top wth’ a scale Doth Verbatim Agree wth ye originall Comission wch I Doe testify

Johannes Emans Not Pubcus 1657 6 July 1657.

Entred & Recorded in the book of Records for ye County of Suffolke in New England at the request of Capt Thomas Breedon & Agreeth Verbatim wch the originall Copie aboue Attested as Attests

Edward Rawson Recorder

Farnham, Miss Mary Frances. “Documentary History of the State of Maine: Volume VII Containing The Farnham Papers 1603-1688”. Maine Historical Society. Portland. 1901. https://archive.org/details/documentaryhisto07main, https://tile.loc.gov/storage-services/public/gdcmassbookdig/farnhampapers01farn/farnhampapers01farn.pdf

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:

New England, New Scotland (Nova Scotia), and Newfoundland

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

Collection De Documents Relatifs a L’Histoire De La Nouvelle-France

COMMISSION JST AIT SIEUR DE RAZILLY (No 41) (NO 584), St Germain en Laye, le 10 May, 1632.

Louis, Par la Grâce de Dieu, Eoy de France et de Navarre, à nostre cher et bien aimé le Commandeur de Razilly, Ayant esté accordé entre les commissaires par Nous députez et le Sieur “Wake, Ambassadeur de nostre très cher et bien aimé frère et beau frère, cousin et ancien allié, le Roy de la Grande Bretagne, que les places de Québec, Port Royal et Cap Breton, situez en la Nouvelle France, pris par les Anglois et Ecossois sur nos subjets depuis le traitté de paix faict entre nous et ledit Roy le vingt quatrième jour d’avril, 1629, seraient rendues et restituez en nos mains ou de ceulx qui en auraient ordre de nous, et estant à ce §ujet nécessaire de commettre quelque personne qui puisse recevoir pour nous lesdites places et particulièrement ledit, port Royal, pour faire retirer les Ecossois et autres subjets de la Grande Bretagne ; A ces causes, et pour la confiance que nous avons de votre fidélité et affection au bien de nostre ser- vice, valeur, expérience et bonne conduitte, Nous avons commis et ordonné, commettons et ordonnons par ces présentes signez de nostre main, pour recevoir des mains des Anglois et Ecossois en nostre nom ledit Port Royal et d’iceluy en prendre possession et pour cet effet suivre et observer de point en point les instructions à vous donnez par nostre ordre par nostre très cher et très aimé cousin le Cardinal de Richelieu, Duc et Pair de France, Grand Maistre, Chef surintendant général de la navigation et commerce de ce royaume, de ce faire donnons pouvoir, authorité, commission et mande- ment spécial par ces présentes. Car tel est nostre bon plaisir. SALUT : Donné, etc 1632. (Signé) : LOUIS.

Louis, By the Grace of God, King of France and Navarre, to our dear and well-loved Commander of Razilly, Having been granted between the commissioners by Us deputy and the Lord “Wake, Ambassador of our very dear and well-loved brother and brother-in-law, cousin and former ally, the King of Great Britain, that the places of Quebec, Port Royal and Cape Breton, located in New France, taken by the English and Scots on our subjects since the peace treaty made between we and the said King on the twenty-fourth day of April, 1629, would be returned and restored into our hands or to those who would have orders from us, and being for this subject necessary to commission some person who could receive for us the said places and particularly the said, Port Royal, to remove the Scots and other subjects from Great Britain For these causes, and for the confidence we have of your fidelity and affection for the good of our service, valor, experience and good conduct, We have committed and ordered, hereby commit and order signed by our hand, to receive from the hands of the English and Scots in our name the said Port Royal and from iceluy to take possession of it and for this purpose follow and observe from point to point the instructions given to you by our order by our very dear and much loved cousin Cardinal Richelieu, Duke and Peer of France, Grand Maistre, Chief Superintendent General of Navigation and Commerce of this kingdom, to do this we give power, authority, commission and special mandate hereby. For this is our good pleasure. SALUTION: Given, etc. 1632. (Signed): LOUIS.


RECOGNOISSANCE DU SIEUE DE RAZILLY. ( NO 42 ) ( No 586 )

A Paris, ce douzeième jour de may, 1632. Le Commandeur de Eazilly, soussigné, reconnoit qu’outre l’original de la commission du Eoy, Monseigneur Bouthillier, Conseiller et Secrétaire d’Estat, luy en a encore délivré un autre de pareille teneur par commande- ment du Eoy, laquelle a esté expédiée, le nom en blanc, pour au cas que par accident ledit Sieur de Eazilly fust empesché d’aller luy mesme faire ce qui lui est ordonné par ladite commission cy dessus transcrite, il puisse faire rem- plir l’autre du nom de quelque personne qu’il jugera agréable à Sa Majesté et propre pour effectuer ce qu’elle contient. Le Commandant DE RAZILLY

In Paris, this twelfth day of May, 1632. The Commander of Razilly, undersigned, acknowledges that in addition to the original of the King’s commission, Monseigneur Bouthillier, Advisor and Secretary of State, has also delivered another one of the same content by command of the King, which was sent, the name blank, so that in the event that by accident the said Lord of Razilly was prevented from going himself to do what is ordered to him by the said commission transcribed above, he can have the other filled with the name of some person whom he judges pleasing to His Majesty and suitable to carry out what it contains. Commander DE RAZILLY


Concession de la rivière et baye Sainte Croix, à Monsieur de Razilly. Paris, le 29 may, 1632

Concession of the river and bay of Sainte Croix, to Mr. de Razilly.


Concession de la Compagnie de la Nouvelle France à Charles Estienne Sieur de la Tour, lieutenant général de l’Acadie, du fort de la Tour en l’Acadie sur la rivière St. Jean. Le 15 Juin, 1632.

Concession of the Compagnie de la Nouvelle France to Charles Estienne Sieur de la Tour, lieutenant general of Acadia, of Fort de la Tour in Acadia on the St. Jean River. June 15, 1632.


LETTRE DU ROY A MONSIEUR D’AUNAY CHARNIZAY . ( No 45 ) ( No 598), A Saint Germain, en, Laye, le 10 Fev.

Monsieur d’Aunay Charnizay : Voulant qu’il y ayt bonne intelligence entre vous et le Sieur de la Tour, sans que les limites des lieulx où vous avez à commander l’un et l’autre puisse donner sujet de controverse entre vous, j’ay jugé à propos de vous faire entendre particulièrement mon intention, touschant l’estendue des dits lieulx qui est que soubs l’authorité que j’ay donnée à mon cousin le Cardinal Duc de Eichelieu, sur toutes les terres nouvellement descouvertes par le moyen de la navigation dont il est surintendant, vous soyez mon lieutenant G-énéral en la coste des Etchemins, à prendre depuis le milieu de la terre Ferme de la Baye Françoise jusqu’au district de Canceaux, ainsy vous ne pourrez changer aucun ordre dans l’habitation de la rivière St. Jean, faict par le dit Sieur de la Tour qui ordonnera de son ecconomie et peuplade comme il jugera à propos, et le dit Sieur de la Tour ne s’ingérera non plus de rien changer aux habitations de la et Port Royal ny des ports de ce qui est. Quand à la troque, on en usera comme l’on a faict du vivant du Com- mandeur de Eazilly. Vous continuerez au reste et redoublerez vos soings en ce qui est de la conservation des lieulx qui sont dans l’estendue de vostre charge et spéciale- ment de prendre garde exactement qu’il ne s’establisse aucun estranger dans le païs et costes de la Nouvelle France, dont les Eoys mes prédécesseurs ont faict prendre possession en leur nom. Vous me donnerez compte au plustost de Testât des affaires de là et particulièrement soubs quel prétexte et avecque quel aveu et commissions quelques estrangers se sont introduicts et ont formé des habitations ès dites costes affin que j ‘ y faie pourvoir et vous envoyé les ordres que je jugeray nécessaires sur ce sujet par les premiers vaisseaux qui yront en vos quartiers. Sur ce je prye Dieu qu’il vous ayt, Monsieur d’Aunay de Charnizay en Sa Saincte Garde. LOUIS.

Monsieur d’Aunay Charnizay: Wanting there to be good understanding between you and the Sieur de la Tour, without the limits of the places where you have to command one or the other giving rise to controversy between you, I thought it appropriate to make my intention particularly clear to you, bearing in mind the extent of the said places which is that under the authority that I have given to my cousin the Cardinal Duke of Eichelieu, over all the lands newly discovered by means of of navigation of which he is superintendent, you are my lieutenant general in the coast of Etchemins, to be taken from the middle of the mainland of Baye Françoise to the district of Canceaux, so you will not be able to change any order in the habitation of the St. Jean River, made by the said Sieur de la Tour who will order his economy and people as he judges appropriate, and the said Sieur de la Tour will not interfere in changing anything in the habitations of the and Port Royal ny of the ports of that is. As for barter, we will use it as we did during the lifetime of the Commander of Eazilly. You will continue for the rest and redouble your care with regard to the conservation of the places which are within the scope of your responsibility and especially to take care exactly that no foreigner settles in the country and the coasts of the New France, of which the Eoys my predecessors took possession in their name. You will give me an account as soon as possible of the affairs there and particularly under what pretext and with what confession and commissions some foreigners have introduced themselves and formed dwellings in the so-called coasts so that I can provide for them and send you the orders that I will be judged necessary on this subject by the first ships which will arrive in your quarters. On this I pray to God that he has you, Monsieur d’Aunay de Charnizay in His Holy Guard. LOUIS.


LETTRE DU REV . PÈRE IGNACE , CAPUCIN . ( N° 12) ( N° 81 ) Senlis, ce 6e Aoust 1653.

Monsieur, Nostre Bon Dieu vous donne sa paix. Pour respondre à la vostre que j’ay reçue samedy dernier au soir, je vous diray qu’il faut que j’avoue que c’est une grande malice à quelque personnes d’avoir deschiré la très digne renommée de feu M. Charles de Menou, chevallier Seign. d’Aulnay de Charnizay, gouverneur et lieutenant Général, représentant le Roy dans toutte l’estendue des pais et costes d’Accadie, et isles adjacentes ; païs de la Nouvelle Prance en l’Amérique

Septentrionalle : pendant qu’il vivoit. Je vous diray pourtant que cette malice est bien autrement criminelle de la doscliirer encore après sa mort. Avec quelle conscience ces calomniateurs peuvent-ils dire que le dit feu Seign. d’Aulnay de Charnizay est mort en désespéré et comme un abandonné et chastié de Dieu; calomnie tellement fausse que je m’estonne comme la terre ne s’ouvre pas pour les engloutir. Monsieur, je vous assure que depuis la my novembre 1649 jusques au 22 may de l’an 1650 que je demeuray au Port Royal avec le dit Seigr. d’Aulnay Charnizay ; excepté quelques 15 jours ou 3 semaines qu’il fust faire un voyage vers la terre de Basques en son fort de la Rivière Sainct Jean, je luy entendis tout ce tems parler souvent de la mort dans l’esprit d’un asme choisie de Dieu. Je ne Pavois jamais vu si résigné à ses sainctes volontez, sy* désireux et sy emflammé à le servir et souffrir pour son amour tout ce qui luy pouvoit de nouAr eau arriver de fascheux. Je le vis tout ce tems dans une volonté absolue de satisfaire à ceux auquel il pouvoit devoir ce que la justice ordonneroit leur estre due ; ce qui s’entend seulement de M. Le Borgne et de M. Deruys marchands d’autant qu’il ne croyoit pas en conscience leur devoir tout ce qu’ils demandoient. Pour les autres dettes, il n’y voyoit point de difficultez, aussy alloit-il travailler puissamment pour satisfaire à un chacun sy Dieu n’en eust disposé autrement. Il fust si soigneux, tout ce tems de 6 à 7 mois que je demeuray seul de prestre et missionnaire au Port Royal avec luy, de tenir sa conscience pure et nette devant Dieu, qu’il se confessa toujours de deux jours l’un, et bien des fois tous les jours ; il semble que Dieu le disposoit à la mort qu’il lui arriva inopinément, mais non pas subitement ny à l’improviste, parce- que d’un gros tems, ayant viré dans un canot d’écorce dans le grand bassin du dit Port Royal vers la ” Rée ” de l’esturgeon, où il y a d’estranges courants, sur l’un des bouts de son canot, et son valet sur l’autre bout ; environ une heure et demie, il resta plein de jugement, exortant de fois à autre ce valet, lequel estant plus vigoureux que son maistre, ne succomba pas à l’extresme froideur qu’ils eurent tous deux, comme fist mon dit Sieur d’Aulnay Char- nizay qui mourust de froid et non de l’eau qu’il avoit bue ; car il en avoit comme point pris. Cette mort arriva le 24 may 1650.

Je l’avois confessé et communié deux jours auparavant, sçavoir le dimanche au matin. Le 22 dudit may, en cette dernière confession qu’il me fist, je trouvay à grande peine matière d’absolution. Le samedy im- médiatement devant ce dimanche 22 may 1650, je le vis revenir, au soir d’une grande demy lieue, au delà de la grande et petite Eée, tout percé depluye et fangeux jusques à ta ceinture et aux coudes, tant il estoit zélé pour faire pomptement du bled au païs pour l’establissement de la Foye et du nom François. Il venoit de poser des piquets, tracé les lignes et tendre les cordeaux pour faire un nouvel assesehement de terre, pendant mesme qu’il pleuvoit à verse sur luy, estant de retour, moy présent à la susdite grand Eée, il ne tesmoigna jamais le moindre sentiment de déplaisir, mais attendit avec une patience angôlique la commodité de ses gens pour changer de tout. Il a bien faict d’autres actions dans sa vie. Il a esté souvent assez pauvre en son vivant ; ainsy que vous mesme avez pu voir. Il a jeusné exactement à la mer et sur terre tous les jeusnes de l’Eglise sans les autres dévotions qu’il a faicts, il entendoit la messe tous les jours et le salust tous les soirs. Quand il estoit à l’Eglise, il portoit un si grand respect au très Sainct Sacrement qui est dans nos tabernacles et à la parolle de Dieu qu’il ne se couvroit jamais la teste et y estoit perpétuellement à genoux, excepté quelquefois durant les vespres qu’il se tenoit debout. Les six mois derniers devant sa mort, il assista tous les jours aux litanies de la Saincte Vierge que nous disions régulièrement à 4 heures l’après midy et ensuitte une demy heure entière devant l’autel où je faisois oraison fervente à Dieu, cependant que la faisions renfermez derrière l’autel dans notre petit chœur. Il estoit fort zélé pour la foy, et portoit de très grands respects à l’Eglise et aux prestres, mesmes au moindre religieux. Sa charité envers les pauvres sauvages et à l’endroit de ses domestiques subjets et estrangers a esté très rare. Il estoit entièrement changé de ce qu’il avoit esté autrefois. Je ne scaurois raconter la miliesme du bien que j’ay vu en luy. Je ne luy ay jamais entendu dire une seule parolle en tout ce tems au desadvantage de qui que ce soyt, ennemy ou autre. Ma croyance est que Dieu le recompense au ciel de sa bonne vie, de ses travaux et de ses souffrances qu’il a enduré pour l’amour de luy. Je mets au nombre de ces souffrances la façon dont il est mort, qu’il a reçu de la main de Dieu et dont il luy a faict une offrande en son cœur,

possible l’une des plus agréables qu’il luy ayt faict en sa vie, bien qu’il luy en ayt faict de très grandes et d’une très suave odeur devant sa divine Majesté. . Voylà en peu ce que ma conscience m’oblige de vous dire pour vostre plus grande satisfaction et de ceux qui verront et entendront la pré- sente, principalement pour la justification dudit Sr d’Aulnay de Charnizay que l’on calomnie tant après sa mort. En somme à vostre requeste et prière dans nostre dernière de Paris datée du 28 juillet, de la présente année, 1653. J’atteste, moy, frère Ignace de Paris, capucin, à présent de famille de nostre couvent des frères capucins de Senlis qu’estant actuellement missionnaire en l’Acadie, en 1650, j’ay confessé et communié de ma propre main, le dimanche au matin, 22 may, de la dite année 1650, M. Charles de Menou, chevallier, Seigr d’Aulnay de Charnizay, gouverneur et lieutenant Général, représentant le Eoy dans toutte l’estendue des pais et des costes d’Acadie et Isles adjacentes do la Nouvelle France en l’Amérique Septen- temtrionalle, et 2 jours après, le 24 du d. mois de may, de l’an 1650 estant mort de froid sur l’eau, y ayant son corps jusque sur les épaules, l’un des bouts de son canot estant entre ses jambes qu’il l’empeschait de se noyer. Je fus quérir son corps de l’autre bord de la rivière d’où estoit son fort du Port Eoyal, et le lendemain atx matin la veille de l’Ascension, de nostre Seigneur, le 25 may de l’an 1650, je l’enterray solonellement en présence de sa femme, madame la gouvernante, du gr de la Verdure et tous soldats et habitans du dit Port Eoyal, en la chapelle du dit Port Eoyal, en sa place où il se mettoit et où il y avoit desjà un de ses petits enfans en terre. En foy de quoy j ‘ a y signé, moy, frère Ignace de Paris. Faict en nostre couvent des frères capucins de Senlis, ce jourd’huy, six Aoust 1653. Monsieurs, je suis vostre très humble et très affectionné serviteur en nostre Seigneur, FE. IGNACE.

Pour la plus grande satisfaction de tous ceux qui verront la présente, ils sçauront que le Roy a tellement reconnu la vertu, bonne et sage conduitte du dit deffunt Seigneur d’Àulnay de Charnizay, qu’il l’a honoré pour ses faicts héroiques tant pour ce qui concerne le Eoy et Religion Chrestienne ; que pour l’establissement de la colonie françoise et l’authorité qu’il y a estably de Sa Majesté quelle luy a donnez par des lettres patentes du mois de février, 164*7, le gouvernement et sa lieutenance perpétuelle représentant sa personne et la propriété du dit païs, costes et isles adjacentes à luy et aux siens, à la charge de son hommage. Et Monseigneur le Duo de Vendôme, pair, grand maistre, chef et surintendant général de la navigation et com- merce de France, a tellement estimé la vertu du dit deffunt seigneur d’Aulnay de Charnizay et le zèle avec lequel il s’est porté pendant sa vie à l’advancement de la religion chrestienne dans le susdit païs et y faire valloir l’authorité du Roy et le nom de la France, que depuis son décès par une action digne de la grandeur du dit seigneur, il a bien voulu prendre en sa protection particulière madame la veuve et messieurs ses enfans ; que Sadite Majesté a donné à Sadite Altesse de Yendôme le dit gouverne- ment et sa Lieutenance perpétuelle, représentant sa personne par ses lettres patentes du mois de novembre, 1652, de confirmation du traitté par luy faict avec ladite yeuve et ses parens des Mineurs, de coseigneur propriétaire dudit païs, costes et isles adjacentes, pour sa dite Altesse de Vendôme et les siens. Et par cela l’on peut connoistre que Dieu avoit choisy le dit feu Seigneur d’Aulnay de Charnizay pour précurseur d’un si grand Prince, pour aug- menter par son authorité la foy chrestienne parmy les sauvages et la colonie françoise.

Sir, Our Good God gives you his peace. To respond to your letter that I received last Saturday evening, I will tell you that I must admit that it is a great malice to some people to have torn apart the very worthy reputation of the late Mr. Charles de Menou, Knight Lord. d’Aulnay de Charnizay, governor and lieutenant general, representing the King throughout the extent of the countries and coasts of Accadia, and adjacent islands; country of New France in America

Northern: while he lived. I will tell you, however, that this malice is much more criminal to continue to do so after her death. With what conscience can these slanderers say that the said late Lord. d’Aulnay de Charnizay died in despair and as one abandoned and chastised by God; slander so false that I am surprised that the earth does not open to swallow them up. Sir, I assure you that from November my 1649 until May 22 of the year 1650 that I remained at Port Royal with the said Seigr. of Aulnay Charnizay; except for a few 15 days or 3 weeks that he was making a trip to the land of Basques in his fort of the Sainct Jean River, all this time I heard him speak often of death in the spirit of an assm chosen by God . I have never seen him so resigned to his holy will, so eager and eager to serve him and suffer for his love anything unfortunate that could happen to him again. I saw him all this time in an absolute desire to satisfy those to whom he could owe what justice would order to be due to them; which only means Mr. Le Borgne and Mr. Deruys, merchants, especially since he did not consciously believe they owed everything they asked. For the other debts, he saw no difficulty, so he would work mightily to satisfy everyone if God had not arranged otherwise. He was so careful, all this time of 6 to 7 months that I remained alone as priest and missionary at Port Royal with him, to keep his conscience pure and clear before God, that he always confessed every two days, and many times every day; it seems that God disposed him to death which happened to him unexpectedly, but not suddenly or unexpectedly, because in bad weather, having veered into a bark canoe in the large basin of the said Port Royal towards the “Rée” of the sturgeon, where there are strange currents, on one end of his canoe, and his servant on the other end; for about an hour and a half, he remained full of judgment, excoriating from time to time this valet, who being more vigorous than his master, did not succumb to the extreme coldness that they both had, as my said Lord of Aulnay Charnizay who died of cold and not of the water he had drunk; because he had taken it as a point. This death occurred on May 24, 1650.

I had confessed and received communion two days before, namely on Sunday morning. On the 22nd of May, in this last confession that he made to me, I found it difficult to find grounds for absolution. On Saturday, immediately before this Sunday, May 22, 1650, I saw him return, in the evening from a great half a league, beyond the great and small Ea, all pierced with rain and muddy up to your belt and elbows, so much so that he was zealous to do pompously for the country for the establishment of the Foye and the name François. He had just placed stakes, traced the lines and stretched the cords to make a new layer of earth, even though it was pouring rain on him, being back, me present at the above-mentioned great Ea, he never testified the less feeling of displeasure, but waited with angelic patience for the convenience of his people to change everything. He did other things well in his life. He was often quite poor during his lifetime; as you yourself could see. He fasted exactly at the sea and on land all the fasts of the Church without the other devotions that he performed, he heard mass every day and the salust every evening. When he was in Church, he had such great respect for the Most Holy Sacrament which is in our tabernacles and for the word of God that he never covered his head and was perpetually on his knees, except sometimes during vespers. that he was standing. For the last six months before his death, he attended every day the litanies of the Blessed Virgin which we said regularly at 4 o’clock in the afternoon and then for a whole half hour in front of the altar where I made fervent prayer to God, while We locked her behind the altar in our little choir. He was very zealous for the faith, and had great respect for the Church and the priests, even to the least religious. His charity towards poor savages and towards his domestic subjects and foreigners was very rare. He was entirely changed from what he had been before. I couldn’t tell you how much good I saw in him. I have never heard him say a single word in all this time to the disadvantage of anyone, enemy or otherwise. My belief is that God rewards him in heaven for his good life, his works and his sufferings which he endured for his sake. I include among these sufferings the way in which he died, which he received from the hand of God and how he made an offering to him in his heart,

possible one of the most pleasant ones he had done to her in his life, although he had done some very great ones to her and had a very sweet odor before his divine Majesty. Here is a little of what my conscience obliges me to tell you for your greatest satisfaction and for those who will see and hear this, mainly for the justification of the said Sr. d’Aulnay de Charnizay who is slandered so much after his death . In short, to your request and prayer in our latest from Paris dated July 28, of the present year, 1653. I attest, I, Brother Ignace of Paris, Capuchin, now of the family of our convent of the Capuchin brothers of Senlis that Being currently a missionary in Acadia, in 1650, I confessed and took communion with my own hand, on Sunday morning, May 22, of the said year 1650, Mr. Charles de Menou, knight, Seigr d’Aulnay de Charnizay, governor and lieutenant general, representing the Eoy throughout the extent of the countries and coasts of Acadia and adjacent islands of New France in North America, and 2 days later, on the 24th of d. month of May, of the year 1650, having died of cold on the water, having his body there up to his shoulders, one of the ends of his canoe being between his legs which prevented him from drowning. I went to fetch his body from the other side of the river where his fort at Port Eoyal was located, and the next morning atx morning the eve of the Ascension of our Lord, May 25 of the year 1650, I he was buried solemnly in the presence of his wife, Madame the governess, the gr de la Verdure and all the soldiers and inhabitants of the said Port Eoyal, in the chapel of the said Port Eoyal, in his place where he was placed and where there was already a of her little children on earth. In witness whereof I, Brother Ignace of Paris, have signed it. Made in our convent of the Capuchin brothers of Senlis, this day, August 6, 1653. Sirs, I am your very humble and very affectionate servant in our Lord, FE. IGNACE.

For the greatest satisfaction of all those who see this, they will know that the King so recognized the virtue, good and wise conduct of the said late Lord of Àulnay de Charnizay, that he honored him for his heroic deeds both as regards the Eoy and Christian Religion; that for the establishment of the French colony and the authority that there is estably of His Majesty which gave him by letters patent of the month of February, 1647, the government and his perpetual lieutenancy representing his person and the property of the said country, coasts and islands adjacent to him and his, at the expense of his homage. And Monsignor the Duo of Vendôme, peer, grand master, head and general superintendent of navigation and commerce of France, so esteemed the virtue of the said late lord of Aulnay de Charnizay and the zeal with which he carried himself during his life to the advancement of the Christian religion in the aforementioned country and to promote the authority of the King and the name of France, that since his death by an action worthy of the greatness of the said lord, he was kind enough to take into his particular protection the widow and her children; that the said Majesty gave to the said Highness of the Endôme the said government and his perpetual Lieutenancy, representing his person by his letters patent of the month of November, 1652, of confirmation of the treaty made by him with the said widow and her relatives of the Minors, of co-lord owner of the said country, coasts and adjacent islands, for his said Highness of Vendôme and his family. And from this we can know that God had chosen the said late Lord of Aulnay de Charnizay as the precursor of such a great Prince, to increase through his authority the Christian faith among the savages and the French colony.


COMMISSION POUR LES NICOLAS DENYS, — GOUVERNEUR DU L’ACADIE ETC. , JUSQUES AT A VIRGINIE (N° 13) ( NO 101)

Louis, Par la grâce de Dieu, Eoy de France et de Navarre. A tous présens et à venir, estant bien informé et assuré de la louable et recommandable affection, peine et dilligence que le Sr Nicholas Denys escuyer, qui estoit cy devant instruit et estably par la compagnie de la Nouvelle France Gouverneur en toute l’estendue de la Grande Baye St. Laurens et isles adjacentes, à commencer depuis le Cap de Canpceau jusques au Cap des Rosiers, en la Nouvelle France, et lequel depuis neuf ou dix ans a apporté et utilement employé tous ses soings tant à la conservation des Sau- vages dudit païs à la foy et religion chrestienne que l’cstablissemont de nostre authorité en toutte l’estendue dudit païs, ayant construit des forts et contribué de son possible à l’entretien de plusieurs Ecclésiastiques Reli- gieux pour l’instruction des enfans desdits Sauvages, et travaillé au desfri- chement des terres où il auroit faict bastir plusieurs habitations, ce qu’il auroit continué de faire s’il n’eust esté empesché par Charles de Menou Sieur D’Aulnay Charnizay, lequel, a main’ armée, et sans aucun droit l’en auroit chassé, pris de son authorité privée lesdits forts, marchandises etc., sans en faire aucune satisfaction et mesme ruiné lesdites habitations, de sorte que pour remettre ledit païs, le restablir à son premier estât pour estre capable d’y recevoir les colons qui y avoient commencé leur establissement par le moyen desdites habitations qui y estoient faictes et construites et des forts dont ledit Charnizay s’est emparé, il est nécessaire d’y envoyer hommes capables et instruicts en la connoissan.ee des lieux, fidelles à nostre service pour prendre lesdits forts ou en construire d’autres, èt remettre ledit païs sous nostre domination et ladite compagnie dans ses droits et pour la deffence du pais, munis et garder lesdits forts et ceux qui seront faicts, de nombre suffisant de gens de guerre et autres choses nécessaires, où il con- vient faire de grandes dépenses, et pour nous rendre un service de cet importance, estant assuré du zèle, sbing industrie, courage, valeur, bonne et sage conduicte dudit Sr Denys, lequel nous auroit esté nommé et présenté

par ladite compagnie dans ses droits et pour la deffenco dudit païs, avons de nostre certaine science, pleine puissance et authorité lloyalle icelluy Sieur Denys confirmé, et confirmons de nouveau en tant quo de besoing est ou seroit, ordonné et estably. ordonnons et establissons par ces présentes, signez de nostre main, Gouverneur et nostre Lieutenant G-eneral, repré- sentant nostre personne, en tout le païs, territoire, costes et confins de la grande Baye de St. Laurens, à commencer du Cap de Canpceaujusques au Cap des Rosiers, Mes de Terre Neuve, du Cap Breton, de St. Jean et autres isles adjacentes, pour y restablir nostre domination, et ladite compagnie de la Nouvelle France dans ses droits, y faire reconnoistre nostre nom, puissance, et authorité, assujettir, soumettre, et faire obéir les peuples qui y habitent et les faire instruire en la connoissance du vray Dieu, et en la lumière de la foy et religion chrestieune, et y commander tant par mer que par terre, ordonner et faire exécuter tout ce qu’il connôistra se devoir et pouvoir faire pour maintenir et conserver lesdits lieux soubs nostre authorité et puis- sance, avec pouvoir de commettre, establir et instituer, tous officiers tant de guerre que de justice pour la première fois, et de là en avant nous les nommer et présenter pour les pourvoir, et leur donner nos lettres à ce nécessaires, et selon les occurrences des affaires avec l’advis et conseil des plus prudens et capables, establir loys et status et ordonnances le plus qu’il se pourra conformes aux nostres, traitter et contracter paix, alliances et confé- dération avec lesdits peuples, ou autres, ayant pouvoir et commandement sur eux, leur faire guerre ouverte, pour establir et conserver nostre autho- rité, et la liberté du traffic et negosse, entre nos subjets et eux et autres ; car il jugera à propos jouir et octroyer à nos subjets qui habiteront ou négos- cieront audit païs, et aux originaires grâces, privilèges et honneurs selon les qualité’/ et mérites des personnes sous nostre bon plaisir ; Entendons et voulons que ledit Sieur Denys se reserve, approprie et jouisse, pleinement et paisiblement de touttes les terres cy devant concédez par ladite compagnie de la Nouvelle France, luy et les siens, et de celles en donner et départir telle part qu’il advisera tant à nos dits subjets qui s’y establiront qu’aux dits originaires, ainsy qu’il jugera bon estre, selon les qualitez, mérites et services des personnes, faire soigneusement chercher les mines d’or, d’argent, cuivre et autres métaux et minéraux, et de les faire mettre et convertir en usage, comme il est prescrit par nos ordonnances

nous réservant du proffit qui en viendra de celles d’or et d’argent seulement le dixième denier, et luy déllaissons et affectons ce quy nous en pourrait apartenir des autres métaux et minéraux, pour lui ayder à supporter les autres dépenses que sa dite charge lui apporte. Voulons que ledit Sieur Denys, privativement à tous autres jouisse du privilège, pouvoir et faculté de traiïie, et faire la traitte de pelle- terie avec lesdits Sauvages dans toute l’estendue dudit païs de terre ferme et coste de la grande baye du St. Laurens, Terre Neuve, Cap Breton et autres Isles adjacentes pour en jouir de touttes les choses cy dessus décla* rez, et pour ceux qu’il commettra et à qui il en voudra donner la charge, et qu’il luy soyt faict raison parla veuve dudit Sr d’Aulnay de Charnizay et ses héritiers de touttes les pertes et dommages qu’il a souffert de la part dudit d’Aulnay de Charnizay. De plus, Nous avons donné et donnons, attribué et attribuons audit Sieur Denys, le droit, faculté et pouvoir de faire une compagnie séden- taire de la pesche des molucs, saumons, macqueraux, harans, sardines, vaches marines, loups marins et autres poissons qui se trouveront en toutte l’estenduc dudit pais, costes de l’Acadie, jusqu.es aux Virginies et isles adjacentes, à laquelle compagnie seront reçus tous les habitans dudit pais, pour telle part qu’ils y voudront entrer pour des proffits, y participer de ce que chacun y aura mis, et deffence a toute per- sonne, de quelque qualité et condition qu’ils soyent d’entreprendre sur ladite compagnie pour faire ladite pesche sédentaire en toute l’estendue du païs, à la reserve toutefois de nos subjets que nous voulons et entendons pourvoir par tout ledit païs de la Nouvelle France, avec navires et en tels ports et havres que bon leur semblera pour y faire pesche verte et sèche» tout ainsy qu’à l’ordinaire sans y pouvoir estre troublez en aucune façon par ladite compagnie, faisant très expresses inhibitions et deffences à tout marchai)s, maistres et capitaines de navires et autres nos subjets originaires dudit païs de quelque estât et condition qu’ils soyent de faire la traitte des pelleteries avec les Sauvages dudit pays ny ladite pesche sédentaire sans son exprès congez et permission, à peine de désobéissance et confiscation entière de leurs vaisseaux, armes, munitions, marchandises, au proffit dudit Sieur Denys et de dix mille livres d’amende ; permettons audit Sr Denys de les empescher par touttes voyes, et d’arrester

es contrevenans à nos dites deffences, leurs navires, armes et victuailles pour les remettre en mains de la justice et estre procédé contre les personnes et biens des désobéissans ainsy qu’il appartiendra et à ce que cette inten- tion et volonté soyent notoire, et qu’aucun n’en prétende cause d’ignorance ; Mandons et ordonnons à tous nos officiers, justiciers, qu’il appartiendra qu’à la requestc dudit Sieur Denys, ils ayent à faire lire, publier, et registrer ces présentes, et le contenu en ycelles faire garder et observer ponctuel- lement faisant mettre et aflicher en postes, havres, et autres lieux de nostre Royaume, païs et terres de nostre obéissance que besoing sera, un extraict sommaire du contenu en ycelles, voulant qu’aux copies qui en seront duëment collationiiez, par nos amés et féaux conseillers, secrétaire ou notaire Royal sur ce requis foy soyt ajouté comme au présent original ; CAR TEL est nostre plaisir, en témoins de quoy nous avons faict mettre notre scel à ces dites présentes. SIGNE (LOUIS)

Louis, By the grace of God, Kingy of France and Navarre. To all present and future, being well informed and assured of the laudable and recommendable affection, effort and diligence that Sr. Nicholas Denys escuyer, who was here before instructed and established by the company of New France Governor in the entire extent of the Grande Baye St. Laurens and adjacent islands, starting from Cap de Canpceau to Cap des Rosiers, in New France, and which for nine or ten years has provided and usefully employed all its care both for the conservation of the Sau- vages of the said country to the Christian faith and religion that the establishment of our authority throughout the extent of the said country, having built forts and contributed as much as possible to the maintenance of several Religious Ecclesiastics for the instruction of the children of the said Savages, and worked on clearing the land where he would have had several dwellings built, which he would have continued to do if he had not been prevented by Charles de Menou Sieur D’Aulnay Charnizay, who, by armed force , and without any right would have driven him out, taken from his private authority the said forts, merchandise etc., without making any satisfaction and even ruined the said dwellings, so that to restore the said country, restore it to its first state to be capable of receiving the colonists who had begun their establishment there by means of the said dwellings which were made and constructed there and the forts which the said Charnizay had seized, it is necessary to send there men capable and educated in the knowledge of it. ee of the places, faithful to our service to take the said forts or build others, and to put the said country under our domination and the said company in its rights and for the defense of the country, equipped and guarding the said forts and those which will be made, of sufficient number of men of war and other necessary things, where it is appropriate to make great expenses, and to render us a service of this importance, being assured of the zeal, great industry, courage, valor, good and wise conduct of the said Sr. Dionysius, who would have been named and presented to us

by the said company in its rights and for the defense of the said country, we have of our certain knowledge, full power and authority the loyalty of Sieur Denys confirmed, and let us confirm again as far as the need is or would be, ordered and established. we hereby order and establish, sign with our hands, Governor and our Lieutenant General, representing our person, throughout the country, territory, coasts and confines of the great Bay of St. Laurens, beginning from the Cape of Canpceau as far as Cap des Rosiers, Mes de Terre Neuve, Cape Breton, St. Jean and other adjacent islands, to reestablish our domination there, and the said company of New France in its rights, to have our name, power, and authority, subjugate, submit, and make obey the people who live there and instruct them in the knowledge of the true God, and in the light of the Christian faith and religion, and command there both by sea and by land, order and execute everything he knows he must and can do to maintain and preserve the said places under our authority and power, with the power to commit, establish and institute, all officers both of war and of justice for the first time, and from there in advance we name them and present them to provide for them, and give them our letters to what is necessary, and according to the occurrences of affairs with the advice and counsel of the most prudent and capable, establish laws and statutes and ordinances as much as possible. may conform to ours, treat and contract peace, alliances and confederation with the said peoples, or others, having power and command over them, make open war against them, to establish and preserve our authority, and the freedom of traffic and commerce , between our subjects and them and others; for he will judge it appropriate to enjoy and grant to our subjects who will inhabit or negotiate in said country, and to the original graces, privileges and honors according to the qualities and merits of the people under our good pleasure; We understand and want the said Sieur Denys to reserve, appropriate and enjoy, fully and peacefully, all the lands to be granted by the said company of New France, to him and his people, and of those to be given and disposed of in such a share as he may wish. both to our said subjects who will settle there and to the said originators, as well as it will judge good to be, according to the qualities, merits and services of the people, to carefully search for the mines of gold, silver, copper and others metals and minerals, and to have them put and converted into use, as prescribed by our ordinances

reserving from the profit which will come from those of gold and silver only the tenth denier, and we release to him and allocate what could belong to us from the other metals and minerals, to help him to bear the expenses other than his said charge brings him. We want the said Sieur Denys, privately to all others, to enjoy the privilege, power and faculty of milking, and to trade pelts with the said Savages throughout the entire extent of the said country of mainland and the coast of the great bay of St. Laurens, Newfoundland, Cape Breton and other adjacent Isles to enjoy all the things above declared, and for those that he commits and to whom he wants to give the responsibility, and that he be made right by speaking widow of the said Sr d’Aulnay de Charnizay and her heirs for all losses and damages that he suffered at the hands of the said Sr d’Aulnay de Charnizay. In addition, We have given and are giving, attributed and are granting to said Mr. Denys, the right, faculty and power to make a sedentary company fishing for molucs, salmon, mackerels, harans, sardines, sea cows, sea bass and others fish which will be found throughout the extent of the said country, the coasts of Acadia, as far as the Virginias and adjacent islands, in which company all the inhabitants of the said country will be received, for such a share that they will wish to enter for profits , participate in it with what each person has put into it, and forbid any person, of whatever quality and condition they may be, to undertake in the said company to carry out the said sedentary fishing throughout the entire extent of the country, with the reservation however, of our subjects that we want and intend to provide throughout the said country of New France, with ships and in such ports and harbors as they see fit to do green and dry fishing there, just as usual without being able to do so. be disturbed in any way by the said company, making very express inhibitions and prohibitions to all merchants, masters and captains of ships and other our subjects originating from the said country of whatever state and condition they are from trading furs with the Savages of the said country nor the said sedentary fishing without his express leave and permission, on penalty of disobedience and complete confiscation of their vessels, weapons, ammunition, goods, for the benefit of the said Mr. Denys and a fine of ten thousand pounds; let’s allow said Sr Denys to prevent them in every way, and to arrest

are violators of our said defenses, their ships, weapons and victuals to place them in the hands of justice and to be proceeded against the persons and property of the disobedients so that it will be up to this intention and will to be known, and let no one claim it is due to ignorance; Let us mandate and order to all our officers, justices, that it will be up to the request of the said Mr. Denys, they have to have these presents read, published, and registered, and the content in them kept and observed punctually putting and display in posts, havens, and other places of our Kingdom, countries and lands of our obedience as necessary, a summary extract of the contents in these, wanting that the copies which will be duly collated, by our friends and faithful advisors, secretary or Royal notary on this required faith be added as to the original present; FOR SUCH is our pleasure, as witnesses to which we have placed our seal on these said presents. SIGNED (LOUIS)


(No 14) (No 127)

Le Sieur Emmanuel le Borgne est allé à l’Acadie en 1654 pour y porter des provisions et des munitions suivant les ordres qu’il en avoit reçus de Monsieur le Duc de Vendôme en exécution de son traitté de 1652

En 1654, Monsieur le Duc de Vendôme envoyé en Àcadie le navire le Chateaufort, chargé de touttes sortes de Marchandises, vivres et munitions, montant à 15000 lbs., ainsy qu’il est justiffié par les factures et le tesmoignage d u Gappitaine Bertrand qui le commandoit. Mais ce vaisseau ayant esté pris par les Anglois, total fust perdu.

Sieur Emmanuel le Borgne went to Acadia in 1654 to bring provisions and ammunition there following the orders he had received from the Duke of Vendôme in execution of his treaty of 1652

In 1654, the Duke of Vendôme sent the ship Chateaufort to Acadia, loaded with all kinds of goods, food and ammunition, amounting to 15,000 lbs., as it is justified by the invoices and the testimony of Gappitaine Bertrand who commanded. But this ship having been taken by the English, everything was lost.


CAPITULATION DU PORT ROYAL . ( N° 15 ) ( N° 107 )

Le 16 Aoust, 1654. Résultat de tous les articles présentez par Mons. de la Verdure, tant en qualité de cappitaine commandant dans le Port Royal pour le Roy que comme subrogé tuteur des eni’ans mineurs de deffunt M. d’Aulnay à Mons. Robert Sedgwich, gênerai de l’Escadre et commandant en chef par touttes les costes de la Nouvelle Angleterre sur l’authorité de Son Altesse Olivier, protecteur de la République d’Angleterre, Ecosse et Irlande, et en vertu de la commission de Sa dite Altesse en datte du 8 février, mil six cens cin- quante trois, et encore avec la commission du Conseil G-énéral de la Marine en datte du 9 février, de la mesme année mil six cens cinquante trois, stile ancien d’Angleterre, tous lesquels articles doivent estre promptement et fidèlement observez sans aucune explication réservée. Premièrement, qu’il mettra entre les mains de mon d. Sieur Sedgwick, général, le fort de Port Royal, avec les canons, armes at munitions de guerre et de tout quoy sera fait inventaire dont copie sera délivrée aux parties signée d’eux. Que le dit Sieur de la Verdure sortira hors du fort soldats et domestiques, de toutes conditions, servans au d. fort avec leurs armes et tambours battant, enseigne déployée, balles en bouche, mousquet ou fusil sur l’espaule, mesche allumée par les deux bouts et deux petites pièces de canons, et de quoy tirer quatre coups de chaque pièce et leur baggage dans le quel seront compris les pelleteries qui leur seront délivrez pour le payement de leurs gages, sans qu’ils puissent estre fouillez ny molestez, et leur serafourny bastiment pour leur passage en France avec leur victuailles pour deux mois et munitions de guerre apartenant à la République d’Angleterre, Ecosse et Irlande, comme aussy tout autre païs à eux appartenant. Lequel article est accordé en lamesme forme qu’il est expliqué cy dessus excep- té les canons.

August 16, 1654. Result of all the articles presented by Mons. de la Verdure, both as captain commanding in the Port Royal for the King and as subrogated guardian of the minor children of the deceased Mr. d’Aulnay in Mons. Robert Sedgwich, General of the Wing and Commander-in-Chief throughout all the coasts of New England on the authority of His Highness Olivier, Protector of the Republic of England, Scotland and Ireland, and by virtue of the commission of His said Highness dated February 8, one thousand six hundred and fifty three, and again with the commission of the General Council of the Navy dated February 9, of the same year one thousand six hundred and fifty three, ancient style of England, all which articles must be promptly and faithfully observed without any reserved explanation. First, that he will put into the hands of my d. Mr. Sedgwick, general, the fort of Port Royal, with the cannons, weapons and munitions of war and everything that will be taken into account, a copy of which will be delivered to the parties signed by them. That the said Lord of the Verdure will leave the fort soldiers and servants, of all conditions, serving in the d. strong with their weapons and drums beating, ensign deployed, bullets in the mouth, musket or rifle on the shoulder, mesh lit at both ends and two small pieces of cannon, and the means to fire four shots from each piece and their baggage in the what will be included in the furs which will be delivered to them for the payment of their wages, without them being able to be searched or molested, and will be provided to their bastiment for their passage into France with their victuals for two months and munitions of war belonging to the Republic of England, Scotland and Ireland, as well as any other country belonging to them. Which article is granted in the same form as explained above except for the canons.

Québec : A. Côté. 1883. “Collection De Documents Relatifs a L’Histoire De La Nouvelle-France” https://numerique.banq.qc.ca/patrimoine/details/52327/2022926, https://archive.org/details/collectiondemanu01qu

Treaty of Saint-Germain 1632

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

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

Article I.

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

Article II.

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

Article III.

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

Article IV.

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

Article V.

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

Article VI.

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

Article VII.

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

Article VIII.

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

Article IX.

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

Article X.

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

Article XI.

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

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


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

Done at Saint-Germain en Laye, 29 March 1632

Article I.

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

Article II.

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

Article III.

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

Article IV.

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

Article V.

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

Article VI.

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

Article VII.

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

Article VIII.

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

Article IX.

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

Article X.

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

Article XI.

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

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

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

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