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 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. Made in Saint Germain

1638 – Grant to Charnesay and La Tour

1654 – August 16, Capitulation of Port-Royal

1656 – August 9, A grant by Cromwell to Sir Charles de Saint Etienne, a baron of Scotland, Crowne and Temple

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 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 established in Nova Scotia (Members of the legislature had the ability to elect 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

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/

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

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


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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“New Scot Lande”

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

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

See Also:

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

Scottish colonial schemes, 1620-1686

Sir William Alexander

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Your lordships Assured loving friend

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

charter

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Written to the Great Seal, 29 September, 1621

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

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

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

August 5, 1621.

JAMES R.

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

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

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

SIR WILLIAM ALEXANDER. July 18, 1622.

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

FKOM HIS MAJESTIE ANENT BARONETTIS. October 18, 1624.

[JAMES R.]

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

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

MOST SACRED SOUERANE,

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

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

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

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

PROCLAMATIOUN ANENT BARONETIS. November 30, 1624.

Apud Edinburgh ultimo die mensis Novembris 16J4.

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

ANENT BARONETTIS. March 17, 1625.

CHARLES P.

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

ANENT BARONETTIS. March 23, 1625.

JAMES R. March 23.

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

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

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

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

CHARLES R.

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

PROCLAMATIOUN CONCERNING BARONNE, August 31, 1625

Apud Edinburgh penultimo die mensis Augusti 1625.

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

Subscribitur ut supra.

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

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

Apud Edinburgh secundo die mensis Novembris 1625.

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

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

MOST SACRED SOVERANE

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

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

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

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

(Sic subscribitur .)

Edinburgh GEO. HAT. ROXBURGH.

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

TO THE COUNSALL. February 12, 1626

[Charles R.]

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

TO THE LAIRD OF TRAQUAIR. March 24, 1626

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

TO THE CHANCELLOUR, March 24, 1626

[CHARLES R]

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

TO THE LAIRD OF WAUGHTON, March 24, 1626.

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

TO THE LAIRD OF WEYMES. March 24, 1626

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

PROCLAMATIOUN ANENT BARONETTIS. March 30, 1626

Apud Halyrudhous penultimo Martii 1626.

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

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

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

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

SIR ROBERT GORDON OF LOCHINVAR. May 5, 1626.

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

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

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

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

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

Apud Halyrudhous vigesimo primo die mensis Julij 1626.

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

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

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

FEES OF BARRONETTIS. July 28, 1626.

[CHARLES R.]

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

KNIGHTIS BARONNETTIS AND THE HERAULDIS. September 20, 1626.

Apud Halyrudhous vigesimo Septembris 1626.

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

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

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

PLANTATIOUN OF NEW SCOTLAND. January 17, 1627

[CHARLES R.]

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

TO THE EARL OF TOTNES. January 17, 1627.

[CHARLES R.]

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

Direction —

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

TO SIR JAMES BAILLIE. January 19, 1627.

CHARLES R.

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

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

[CHARLES R.]

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

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

[CHARLES R.]

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

TO THE TREASURER OF ENGLAND. March 10, 1627.

[CHARLES R.]

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

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

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

SR.

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

Whitehall, this 9th of April 1627.

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

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

GRANT TO SIR WILLIAME ALEXANDER. May 3, 1627.

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

TO THE COUNSELL. November 29, 1627.

[Charles R.]

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

TO SIR JAMES BAILYEE. December 28, 1627.

[CHARLES R.]

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

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

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

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

[CHARLES R.]

Whareas the four schippis, called the …

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

Secretarie for Scotland ; whareof the …

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

COMMISSION ANENT FUGITIVE SOULDEOURS. April 23, 1628.

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

TO THE EXCHECKQUER. May 23, 1628.

[CHARLES R.]

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

TO THE TREASURER OF ENGLAND. June 30, 1628

[CHARLES R.]

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

TO THE EXCHECKQUER. July 11, 1628.

[CHARLES R.]

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

TO THE EXCHECKQUER. November 7, 1628.

[CHARLES R.]

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

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

MOST SACRED SOCBRANE.

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

(Sic Subscribitur.)

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

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

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

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

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

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

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

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

Power of Government amongst themselves.

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

Saving of all former Letters Patents.

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

[CHARLES R.]

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

TO THE COUNSELL. October 17, 1629.

[CHARLES R.]

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

TO THE CONTRACTERS FOR BARRONETTS. November 17, 1629.

[CHARLES R.]

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

TO THE COUNSELL. November 17, 1629.

[CHARLES R.]

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

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

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

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

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

[CHARLES R.]

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

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

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

Apud Halynidhous 24 die mensis Decembris 1629.

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

Right trustie and right, &c.

Whitehall, the 17 of November 1629.

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

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

[CHARLES R.]

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

TO SIR WILLIAM ALEXANDER. February 4, 1630.

[CHARLES R.]

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

MEMOIR OF THE FRENCH AMBASSADOR. February 1, 1630.

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

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

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

A CHARLES ST ESTIENNE BARRON. February, 1630.

Tres chere et bien ayme, vos lettres …..

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

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

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

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

INFORMATION, &c,

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

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

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

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

(In dorso.) The Lo : Ewcheltreis Information.

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

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

Whitehall, 15 Aprill 1630.

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

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

[CHARLES R.]

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

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

[CHARLES R.]

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

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

[CHARLES R.]

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

THE GENERAL CONVENTION. July 14, 1630.

CHARLES R.

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

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

DIGNITIE OF KNIGHT BARRONETTS. July 14, 1630.

CHARLES R.

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

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

Apud Halyrudhous vicesimo die mensis Julij 1630.

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

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

. .

At Whitehall, the third day of July 1630.

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

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

Apud Halyrudhous Vltimo die mensis Julij 1630.

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

Followes his Mateis missive for warrand of the Act abouewritten.

ANENT NEW SCOTLAND. July 31, 1630.

The Estaits presentlie conveened having dewlie considderit the benefite arysing

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

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

MOST SACRED SOUERANE.

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

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

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

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

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

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

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

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

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

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

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

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

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

9 September 1630.

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

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

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

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

JUSTICES OF IRELAND. April 19, 1631.

[CHARLES R.]

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

TO THE COUNSELL. April 29, 1631.

[CHARLES R.]

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

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

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

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

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

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

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

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

[CHARLES R.]

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

THESAURER AND DEPUTIE. July 4, 1631.

[CHARLES R.] Ju’y *•

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

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

[CHARLES R.]

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

WARRANT TO SIR WILLIAM ALEXANDER. July 10, 1631.

[CHARLES R.]

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

TO THE COUNSELL. July 12, 1631.

[CHARLES R.]

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

PRO REGE GALLORUM. July 28, 1631.

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

PROCLAMATIOUN ANENT BARONETTIS. July 28, 1631.

Apud Halyrudhous 28 Julij 1631.

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

COMMISSION ANENT BARONNETS. July 28, 1631.

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

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

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

CHARLES R.

Right trustie and right weilbelouit Cousine and Counsellour ….

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

TO THE THESAURER DEPUT. July 28, 1631.

[CHARLES R.] July 28.

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

N. BRIOTT. December 8, 1631.

[CHARLES R.] Decembers.

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

TO THE COUNSELL. December 13, 1631.

[CHARLES R.] December 13.

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

TO THE COUNSELL. December 29, 1631.

[CHARLES R.]

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

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

[CHARLES R.]

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

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

[CHARLES R.]

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

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

[CHARLES R.]

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

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

[CHARLES R.]

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

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

CHARLES R.

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

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

Alexander knight, Robert Charlton and William

Barkly our Commissioners for the Gulfe & River

of Canada and parts adjacent & to their partners

& Deputyes & all others whom it may concern.

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

[CHARLES R.]

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

ADVOCATE: NEW SCOTLAND. June 14, 1632.

[CHARLES R.]

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

Ar3 Achiesone, wherin ther was 5 Letteris of his

Matu To the Advocat, New Scotland : Session, Lubec

Schip: Exchequer, James Dowgles: Chancellour, Sir

Piers Corsbie : Counsell, Mr Ro’ Williamsone.

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

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

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

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

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

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

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

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

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

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

CHARLES R.

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

Apud Halyrudhouse 28 July 1632.

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

HADINTON, I.P.D.

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

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

TO THE BARRONETS. August 15, 1632.

[CHARLES R.]

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

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

[CHARLES R.]

Wheras the good schip called the of the burthen of is

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

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

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

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

[CHARLES R.]

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

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

[CHARLES R.]

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

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

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

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

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

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

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

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

TO THE COUNSELL. September 27, 1633.

[CHARLES Pi.] September 27.

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

THE EARL OF STIRLING. October 18, 1633.

[CHARLES R.]

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

ANENT NEW SCOTLAND. February 15, 1634.

Apud Edinburgh 15 February 1634.

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

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

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

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

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

Apud Edinburgh 15 February 1634.

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

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

[CHARLES R.]

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

TO THE THESAURER AND DEPUTIE. September 18, 1634.

[CHARLES R.]

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

LORD ALEXANDER, SESSIONER. December 20, 1634.

[CHARLES R.] December20.

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

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

[CHARLES R.]

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

COMMISSIONERS FOR SURRENDERS. January 9, 1635.

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

TO SIR JAMES BALFOUR. January 28, 1635.

[CHARLES R ]

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

COMMISSIONERS FOR PLANTATIONS. January 29, 1634-5

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

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

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

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

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

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

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

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

or deputies Assignes to the use of

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

and Territories of New England aforesaid

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

ANENT KNIGHTING OF BARONNETS SONNES. June 16, 1636.

Apud Edinburgh 16 Junij 1636.

Forsamekle as the Kings Majestic having formerlie upon verie good considera

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

Followes His Majesteis missive for warrand of the Act foresaid.

May 10, 1636.

CHARLES R.

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

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

America and West Indies Colonial Papers: June 1661

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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