The First Charter of Virginia (1606)

charter

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LUKIN

Per breve de private Sigillo.

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

Explanatory Charter of Massachusetts Bay (1725)

charter

This charter is written as one block of text, without punctuation or break in period English, I did my best to find any natural breaks in the text to ease its legibility.

Any mention of Nova Scotia or Acadia are in bold in order to make it easier to pick them out, not as a representation of how they are presented in the original text.


GEORGE BY THE GRACE OF GOD of Great Britain France and Ireland king Defender of the Faith &c

To all to whom these Presents shall come Greeting

Whereas Our late Royal Predecessors William and Mary King and Queen of England &c Did by their letters Patents under their Great Seal of England bearing Date at Westminster the Seventh day of October in the Third year of their Reign for themselves their Heirs and Successors Unite Erect and Incorporate the Territories and Colonies commonly called or known by the Names of the Colony of the Massachusetts Bay and Colony of New Plymouth the Province of Main the Territory called Acadia or Nova Scotia and all that Tract of land lying between the said Territories of Nova Scotia and the said Province of Main into One Real Province by the Name of Our Province of the Massachusetts Bay in New England

And Whereas their said late Majesties King William and Queen Mary did by the said recited letters Patents (among other things therein contained) for themselves their Heirs and Successors Ordain and Grant that there should and might be Convened held and kept by the Governor for the time being upon every last Wednesday in the Month of May every year forever and at all such other times as the Governor of their said Province should think fit and Appoint a Great and General Court or Assembly which said Great and General Court or Assembly should Consist of the Governor and Council or Assistants for the time being and of such Freeholders of their said Province or Territory as should be from time to time elected or deputed by the major part of the Freeholders and other Inhabitants of the respective Towns or places who should be present at such Elections each of the said Towns and places being thereby empowered to Elect and Depute two Persons and no more to Serve for and represent them respectively in the. said Great and General Court or Assembly and that the Governor for the time being should have full Power and Authority from time to time as he should Judge necessary to adjourn Prorogue and Dissolve all Great and General Courts or Assemblies met and Convened as aforesaid And did thereby also for themselves their Heirs and Successors Provide Establish and Ordain that in the Framing and Passing of all Orders laws Statutes and Ordinances and in all Elections and Acts of Government whatsoever to be passed made or done by the said General Court or Assembly or in Council the Governor of the said Province or Territory of the Massachusetts Bay in :New England for the time being should have the Negative Voice and that without his Consent or Approbation Signified and Declared in writing no such Orders laws Statutes Ordinances Elections or other Acts of Government whatsoever so to be made passed or done by the said General Assembly or in Council should be of any force Effect or Validity any thing therein contained to the contrary in any wise notwithstanding as in and by the said letters Patents (reason being thereunto had) may more fully and at large appear

And Whereas no provision is made by the said recited letters Patents touching the Nomination and Election of a Speaker of the Representatives Assembled in any Great and General Court of Our said Province nor any particular Reservation made of the Right of Us Our Heirs and Successors to approve or disapprove of such Speaker by the Governor of the said Province appointed or to be appointed by Us or them for the time being And no power is Granted by the said recited letters Patents to the said House of Representatives to adjourn themselves for any time whatsoever by means whereof divers Doubts and Controversies have Arisen within Our said Province to the Interruption of the Public Business thereof and the obstruction of Our Service

Know Ye therefore that for removing the said Doubts and Controversies and preventing the like mischief for the future And also for the further Explanation of the said recited letters Patents Wee of Our Especial Grace certain knowledge and mere motion Have Granted Ordained and Appointed And by these Presents for Us Our Heirs and Successors Do Will Grant Ordain and Appoint that for ever hereafter the Representatives Assembled in any Great or General Court of Our said Province to be hereafter Summoned shall upon the first day of their Assembling Elect a fit Person out of the said Representatives to be Speaker of the House of Representatives in such General Court and that the Person so Elected shall from time to time be presented to the Governor of Our said Province for the time being or in his absence to the lieutenant Governor or Commander in Chief of Our said Province for the time being for his Approbation to which Governor lieutenant Governor and Commander in Chief respectively Wee do hereby for Us Our Heirs and Successors give full power and Authority to approve or disapprove of the Person so Elected and presented which approbation or disapprobation shall be Signified by him by Message in writing under his Hand to the said House of Representatives And in Case such Governor lieutenant Governor or Commander in Chief shall disapprove of the Person so Elected and presented or the Person so Elected and presented being approved as aforesaid shall happen to dye or by Sickness or otherwise be disabled from Officiating as Speaker in every such Case the said Representatives so Assembled shall forthwith Elect an other Person to be Speaker of the House of Representatives to be presented and approved or disapproved in manner as aforesaid and so from time to time as often as the Person so Elected and presented shall be disapproved of or happen to dye or become disabled as aforesaid

And Our further Will and Pleasure is and Wee do by these presents of Our more abundant Grace for Us Our Heirs and Successors Grant Ordain and Appoint that it shall and may be lawful to and for the Representatives assembled in any Great or General Court of Our said Province for the time being for ever hereafter to Adjourn themselves from day to day (and if occasion shall require) for the space of two days but not for any longer time than for the space of two days without leave from the Governor or in his Absence from the lieutenant Governor or Commander in Chief of Our said Province for the time being first had and obtained in that behalf any thing in the said recited letters Patents contained to the Contrary thereof in any wise Notwithstanding Provided always that nothing in these presents contained shall Extend or be Construed to Extend to revoke alter or prejudice the Power and Authority by the said recited letters Patents Granted to the Governor of the said Province for the time being to Adjourn Prorogue and Dissolve all Great and General Courts or Assemblies of Our said Province.

And Lastly Wee do by these presents for Us Our Heirs and Successors Grant that these Our letters Patents or the Enrollment or Exemplification thereof shall be in and by all things good firm valid and Effectual in the law according to the true intent and meaning thereof notwithstanding the not rightly or fully reciting mentioning or describing the said recited letters Patents or the Date thereof or any other Omission Imperfection Defect matter Cause or thing whatsoever to the Contrary thereof in any wise notwithstanding

In witness whereof Wee have Caused these Our letters to be made Patents Witness William Archbishop of Canterbury and the rest of the Guardians and Justices of the Kingdom at Westminster the Six and twentieth day of August in the twelfth year of Our Reign

By Writ of Privy Seal

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/federalstatecons03thor/page/1888/mode/2up

The Charter of Massachusetts Bay (1691)

charter
charter

This charter is written as one block of text, without any punctuation or break and in period English. I did my best to find the natural breaks in the text in order to ease its legibility.

Any mention of Nova Scotia or Acadia are in bold in order to make it easier to pick them out, not because that is how they are presented in the original text.


WILLIAM & MARY by the grace of God King and Queen of England Scotland France and Ireland Defenders of the Faith &c

To all to whom these presents shall come Greeting. Whereas his late Majesty King James the First Our Royall Predecessor by his Letters Patents under the Great Seal of England bearing date at Westminster the Third Day of November in the Eighteenth year of his Reign, did Give and Grant unto the Council established at Plymouth in the County of Devon for the Planting Ruling Ordering and Governing of New England in America, and to their Successors and Assigns all that part of America lying and being in Breadth from Forty Degrees of Northerly Latitude from the Equinoctial Line to the Forty Eighth Degree of the said Northerly Latitude Inclusively, and in length of and within all the Breadth aforesaid throughout all the Main Lands from Sea to Sea together, also with all the firm Lands, Soils, Grounds, Havens, Ports, Rivers, Waters, Fishing, Mines and Minerals, as well Royall Mines of Gold and Silver, as other Mines and Minerals, Precious Stones, Quarries, and all and singular other Commodities, Jurisdictions, Royalties, Privileges, Franchises and Preeminences, both within the said Tract of Land upon the Main and also within the Islands and Seas adjoining

Provided always that the said Lands Islands or any the premises by the said Letters Patents intended, or meant to be Granted, were not then actually possessed or Inhabited by any other Christian Prince or State, or within the bounds Limits or Territories of the Southern Colony then before granted by the said late King James the First [to be planted] by divers of his Subjects in the South parts

To Have and to hold, possess and enjoy, all and singular, the aforesaid Continent, Lands, Territories, Islands, Hereditaments and Precincts, Seas, Waters, Fishing with all and all manner of their Commodities, Royalties, Liberties, Preeminences and Profits that should from thenceforth arise from thence with all and singular their appurtenances, and every part and parcel thereof, unto the said Council and their Successors and Assigns for ever, to the sole and proper use and benefit of the said Council and their Successors and Assigns for ever

To be holden of his said late Majesty King James the First his Heirs and Successors as of his Manor of East Greenwich in the County of Kent in free and Common Soccage and not in Capite or by Knights Service

Yielding and paying, therefore, to the said late King, his Heirs and Successors, the Fifth part of the Oar of Gold and Silver which should from time to time and at all times then after happen to be found, gotten, had and obtained, in at or within any of the said Lands, Limits, Territories or Precincts, or in or within any part or parcel thereof, for or in respect of all and all manner of duties, demands and services whatsoever, to be done, made or paid to the said late King James the first, his Heirs and Successors, as in and by the said Letters Patents among sundry other Clauses, Powers, Privileges and Grants therein contented more at large appear

And Whereas the said Council established at Plymouth, in the County of Devon, for the Planting, Ruling, Ordering and Governing of New England in America, Did by their Deed, Indented under their Common Seal bearing Date the Nineteenth Day of March in the Third year of the Reign of Our Royall Grandfather King Charles the First of ever Blessed Memory, Give, Grant, Bargain, Sell, Enffeoffe, Alien and Confirm to: Sir Henry Roswell, Sir John Young, Knights Thomas Southcott, John Humphreys, John Endicot and Simond Whetcomb, their Heirs and Assigns and their Associates for ever, All that part of New England in America aforesaid which lies and extends between a great River there commonly called Monomack or Merrimack, and a certain other River there called Charles River, being in a Bottom of a certain Bay there commonly called Massachusetts or Mattachuseetts or Massatusetts Bay, And also all and singular those Lands and Hereditaments whatsoever lying within the space of Three English Miles on the South part of the said Charles River, or of any and every part thereof, And alsoe all and singular the Lands and Hereditaments whatsoever lying and being within the space of three English Miles to the Southward of the Southernmost part of the said Bay called the Massachusetts or Mattachusetts or Massatusetts Bay, And also all those Lands and Hereditaments whatsoever which lie and be within the space of three English Miles to the Northward of the said River called Monomack or Merrimack or to the Northward of any and every part thereof, And all Lands and Hereditaments whatsoever lying within the Limits aforesaid North and South in Latitude and in Breadth and in length and longitude of and within all the Breadth aforesaid throughout the Main Lands there, from the Atlantic and Western Sea and Ocean on the East parse to the South Sea on the West part, and all Lands and Grounds, Place and Places, Soil, Woods and Wood, Grounds, Havens, Ports, Rivers, Waters, Fishing and Hereditaments whatsoever, lying within the said Bounds and Limits and every parse and parcel thereof, and also all Islands lying in America aforesaid in the said Seas, or either of them on the Western or Eastern Coasts, or Parts of the said Tracts of Land by the said Indenture mentioned, to be Given and Granted, Bargained, Sold, Enffeoffed, Aliened and Confirmed or any of them, And also all Mines and Minerals as well Royall Mines of Gold and Silver, as other Mines and Minerals whatsoever in the said Lands and Premises, or any parse thereof, and all Jurisdictions, Rights, Royalties, Liberties, Freedoms, Immunities, Privileges, Franchises, Preeminences and Commodities whatsoever, which they the said Council established at Plymouth in the County of Devon for the planting, Ruling, Ordering and Governing of New England in America, then had or might use, exercise or enjoy, in or within the said Lands and Premises, by the same Indenture mentioned, to be given, granted, bargained, sold, enffeoffed and confirmed, in or within any part or parcel thereof, To Have and to hold the said parts of New England in America which lies and extends and is abutted as aforesaid, and every parts and parcel thereof, And all the said Islands, Rivers, Ports, Havens, Waters, Fishing, Mines, Minerals, Jurisdictions, Franchises, Royalties, Liberties, Privileges, Commodities, Hereditaments and premises whatsoever, with the appurtenances unto the said Sir Henry Roswell, Sir John Young, Thomas Southcott, John Humphreys, John Endicott and Simond Whetcomb their Heirs and Assigns and their Associates for ever to the only proper and absolute use and behoove of the said Sir Henry Roswell, Sir [John] Young, Thomas Southcott, John Humphreys, John Endicott and Simond Whetcomb, their Heires and Assignes and their Associates for evermore To be holden of Our said Royall Grandfather Icing Charles the first his Heirs and Successors as of his Manor of East Greenwich in the County of Kent in free and Common Soccage and not in Capite nor by Knights Service

Yielding and paying therefore unto Our said Royall Grandfather his Heirs and Successors the fifth part of the Oar of Gold and Silver which should from time to time and at all times hereafter happen to be found gotten had & obtained in any of the said Lands within the said Limits or in or within any part thereof for and in satisfaction of all manner of duties demands and services whatsoever to be done made or paid to Our said Royal Grandfather his Heirs or Successors (as in and by the said recited Indenture may more at large appear

And Whereas Our said Royall Grandfather in and by his Letters Patents under the Great Seal of England bearing date at Westminster the Fourth Day of March in the Fourth year of his Reign for the consideration therein mentioned did grant and confirms onto the said Sir Henry Roswell, Sir John Young, Thomas Southcott, John Humphreys, John Endicott and Simond Whetcomb and to their Associates after named (viz) Sir Ralph Saltenstall, Knt Isaac Johnson, Samuell Aldersey, John Ven, Mathew Craddock, George Harwood, Increase Nowell, Richard Berry, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon, and George Foxcroft their Heirs and Assigns All the said part of New England in America lying and extending between the bounds and limits in the said Indenture expressed and all Lands and Grounds Place and Places Soils Woods and Wood Grounds Havens Ports Rivers Waters Mines Minerals Jurisdictions Rights Royalties Liberties Freedoms Immunities Privileges Franchises Preeminences and hereditaments whatsoever bargained sold enffeoffed and Confirmed or mentioned or intended to be given granted bargained sold enfleoiled aliened and confirmed to the them the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simond Whetcomb their Heirs and Assigns and to their Associates for ever by the said recited Indenture

To Have and to hold the said part of New England in America and other the Premises thereby mentioned to be granted and confirmed and every parse and parcel thereof with the appurtenances to the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Simond Whetcomb, Isaac Johnson, Samuell Aldersey, John Ven, Mathew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft their Heirs and Assigns for ever to their own proper and absolute use and behoove for evermore

To be held of Our said Royall Grandfather his Heirs and Successors as of his Manor of East Greenwich aforesaid in free and common Soccage and not in Capite nor by Knights Service and also yielding and paying therefore to Our said Royall Grandfather his Heirs and Successors the fifth part only of all the Oar of Gold and Silver which from time to time and at all times after should be there gotten had or obtained for all Services Exactions and Demands whatsoever according to the tenor and Reservation in the said recited Indenture expressed

And further Our said Royall Grandfather by the said Letters Patents did Give and Grant onto the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Simond Whetcomb, Isaac Johnson, Samuell Aldersey, John Ven, Mathew Craddock, George Harwood, Encrease Nowell, Richard Perrey, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, SamueI Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft, their Heirs and Assigns; All that part of New England in America which lies and extends between a Great River called Monomack als Merrimack River and a certain other River there called Charles River being in the Bottom of a certain Bay there commonly called Massachusetts als Massachusetts als Massachusetts Bay and also all and singular those Lands and hereditaments whatsoever lying within the space of Three English Miles on the South part of the said River called Charles River or of any or every part thereof and also all and singular the Lands and hereditaments whatsoever lying and being within the space of Three English Miles to the Southward of the Southernmost part of the said Bay called Massachusetts or Mattachusetts or Massatusetts Bay And also all those Lands and hereditaments whatsoever which lye and bee within the space of Three English Miles to the Northward of the said River called Monotnack ads Merrimack or to the Northward of any and every parse thereof And all Lands and hereditaments whatsoever lying within the limits aforesaid North and South in Latitude and in Breadth and in length and Longitude of and within all the Breadth aforesaid throughout the Main Lands there from the Atlantic or Western Sea and Ocean on the East parse to the South Sea on the West parse And all Lands Grounds Place and Places Soils Wood and Wood Lands Havens Ports Rivers Waters and hereditaments whatsoever lying within the said bounds and limits and every part and parcel thereof And also all Islands in America aforesaid in the said Seas or either of them on the Western or Eastern Coasts or parses of the said Tracts of Lands thereby mentioned to be given and granted or any of them And all Mines and Minerals as well Royall Mines of Gold and Silver as other Mines and Minerals whatsoever in the said Lands and premises or any parse thereof and free Liberty of Fishing in or within any of the Rivers and Waters within the bounds and 1imitts aforesaid and the Seas thereunto adjoining and of all Fishes Royall Fishes Whales Balene Sturgeon and other Fishes of what kind or nature soever that should at any time thereafter be taken in or within the said Seas or Waters or any of them by the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcroft John Humphryes John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perrey Richard Bellingham Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires or Assignes or by any other person or persons whatsoever there Inhabiting by them or any of them to be appointed to Fish therein

Provided always that if the said Lands Islands or any the premises before mentioned and by the said Letters Patents last mentioned intended and meant to be granted were at the time of granting of the said former Letters Patents dated the third day of November in the Eighteenth year of the Reign of his late Majesty King James the First actually possessed or inhabited by any other Christian Prince or State or were within the bounds Limits or Territories of the said Southern Colony then before granted by the said King to be planted by divers of his Loving Subjects in the South parts of America That then the said Grant of Our said Royall Grandfather should not extend to any such parts or parcels thereof so formerly inhabited or lying within the bounds of the Southern Plantation as aforesaid but as to those parts or parcels so possessed or inhabited by any such Christian Prince or State or being within the boundaries aforesaid should be utterly void

To Have and to hold possess and enjoy the said parts of New England in America which lye extend and are abutted as aforesaid and every part and parcel thereof and all the Islands Rivers Ports Havens Waters Fishing Fishes Mines Minerals Jurisdictions Franchises Royalties Riverties Privileges Commodities and premises whatsoever with the Appurtenances unto the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Simond Whetcomb, Isaac Johnson, Samuell Aldersey, John Ven, Mathew Craddock, George Harwood, Increase Nowell, Richard Perrey, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft, their Heires and Assignes for ever To the only proper and absolute use and behoove of the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphryes, John Endicott, Simond Whetcomb, Isaac Johnson, Samuell Aldersey, John Ven, Mathew Haddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, SamuelI Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft their Heires and Assigns for evermore To be holden of Our said Royall Grandfather his Heirs and Successors as of his Manor of East Greenwich in the County of Kent within the Realm of England in free and Common Soccage and not in Capite nor by Knights Service And also yielding and paying therefore to Our said Royall Grandfather his Heirs and Successors the Fifth part only of all the Oar of Gold and Silver which from time to time and at all times thereafter should be gotten had and obtained for all services Exactions and demands whatsoever

Provided, always and his Majesties express Will and meaning was that only one Fifth parse of all the Gold and Silver Oar above mentioned in the whole and no more should be answered reserved and payable unto Our said Royall Grandfather his Heirs and Successors by color or virtue of the said last mentioned Letters Patents the double reservations or recitals aforesaid or any thing therein contented notwithstanding And to the end that the affairs and business which from time to time should happen and arise concerning the said Lands and the Plantations of the same might be the better managed and ordered and for the good Government thereof Our said Royall Grandfather King Charles the First did by his said Letters Patents Create and make the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Symond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Caddock George Harwood Increase Newell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall and Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassal William Pincheon and George Foxcroft and all such others as should thereafter be admitted and made free of the Company and Society therein after mentioned one Body Politic and Corporate in fact and name by the Name of the Governor and Company of the Massachusetts Bay in New England and did grant onto them and their Successors divers powers Liberties and privileges as in and by the said Letters Patents may more fully and at large appears And whereas the said Governor and Company of the Massachusetts Bay in New England by virtue of the said Letters Patents did settle a Colony of the English in the said parts of America and divers good Subjects of this Kingdom encouraged and invited by the said Letters Patents did Transport themselves and their Edicts into the same whereby the said Plantation did become very populous and divers Counties Townes and Places were created erected made set forth or designed within the said parts of America by the said Governor and Company for the time being And Whereas in the Term of the holy Trinity in the Thirty Sixth year of the Reign of Our dearest Uncle King Charles the Second a Judgment was given in Our Court of Chancery then sitting at Westminster upon a Writ of Scire Facias brought and prosecuted in the said Court against the Governor and Company of the Massachusetts Bay in New England that the said Letters Patents of Our said Royall Grandfather King Charles the First bearing date at Westminster the Fourth day of March in the Fourth year of his Reign made and granted to the said Governor and Company of the Massachusetts Bay in New England and the Enrollment of the same should be cancelled vacated and annihilated and should be brought into the said Court to be cancelled (as in and by the said Judgment remaining upon Record in the said Court doth more at large appease)

And whereas several persons employed as Agents in behalf of Our said Colony of the Massachusetts Bay in New England have made their humble application unto Vs that Wee would be graciously pleased by Our Royall Charter to Incorporate Our Subjects in Our said Colony and to grant and confirms Into them such powers privileges and Franchises as in Our Royall Wisdom should be thought most conducing to Our Interest and Service and to the Welfare and happy State of Our Subjects in New England and Wee being graciously pleased to gratify Our said Subjects And also to the end.Our good Subjects within Our Colony of New Plymouth in New England aforesaid may be brought under such a form of Government as may put them in a better Condition of defense and considering as well the granting unto them as onto Our Subjects in the said Colony of the Massachusetts Bay Our Royall Charter with reasonable Powers and Privileges will much tend not only to the safety but to the Flourishing estate of Our Subjects in the said parts of New England and also to the advancing of the ends for which the said Plantations were at first encouraged of Our especial Grace certain knowledge and mere Motion have willed and ordained and Wee doe by these presents for Vs Our Heirs and Successors Will and Ordain that the Territories and Colonies commonly called or known by the Names of the Colony of the Massachusetts Bay and Colony of New Plymouth the Province of Main the Territory called Accadia or Nova Scotia and all that Tract of Land lying between the said Territories of Nova Scotia and the said Province of Main be Erected ignited and Incorporated And Wee doe by these presents Unite Erect and Incorporate the same into one real Province by the Name of Our Province of the Massachusetts Bay in New England And of Our especial Grace certain knowledge and mere Motion Wee have given and granted and by these presents for Vs Our Heirs and Successors doe give and grant onto Our good Subjects the Inhabitants of Our said Province or Territory of the Massachusetts Bay and their Successors all that parse of New England in America lying and extending from the great River commonly called Monomack als Merrimack on the North part and from three Miles Northward of the said River to the Atlantic or Western Sea or Ocean on the South part And all the Lands and hereditaments whatsoever lying within the limits aforesaid and extending as fare as the Outermost Points or Promontories of Land called Cape Cod and Cape Mallabar North and South and in Latitude Breadth and in Length and Longitude of and within all the Breadth and Compass aforesaid throughout the Main Land there from the said Atlantic or Western Sea and Ocean on the East parse towards the South Sea or Westward as far as Our Colonies of Rhode Island Connecticut and the Marragansett Country all also all that part or portion of Main Land beginning at the Entrance of Pescata way Harbor and see to pass up the same into the River of Newickewannock and through the same into the furthest head thereof and from thence Northwestward till One Hundred and Twenty Miles be finished and from Piscata way Harbor mouth aforesaid North Eastward along the Sea Coast to Sagadehock and from the Period of One Hundred and Twenty Miles aforesaid to cross over Land to the One Hundred and Twenty Miles before reckoned up into the Land from Piscataway Harbor through Newickawannock River and also the North half of the Isles and Shoals together with the Isles of Cappawock and Nantukett near Cape Cod aforesaid and also [all] Lands and hereditaments lying and being in the Countrey and Territory commonly called Accadia or Nova Scotia And all those Lands and hereditaments lying and extending between the said Country or Territory of Nova Scotia and the said River of Sagadahock or any port thereof And all Lands Grounds Places Soils Woods and Wood grounds Havens Ports Rivers Waters and other hereditaments and premises whatsoever lying within the said bounds and limits aforesaid and every part and parcel thereof and also all Islands and Islets lying within ten Leagues directly opposite to the Main Land within the said bounds and all Mines and Minerals as well Royall Mines of Gold and Silver as other Mines and Minerals whatsoever in the said Lands and premises or any parse thereof

To Have and to hold the said Territories Tracts Countries Lands hereditaments and all and singular other the premises with their and every of their Appurtenances to Our said Subjects the Inhabitants of Our said Province of the Massachusetts Bay in New England and their Successors to their only proper use and behoove for evermore To be holden of Us Our Heirs and Successors as of Our Manor of East Greenwich in the County of Kent by Fealty only in free and Comon Soccage yielding and paying therefore yearly to Vs Our Heirs and Successors the Fifth part of all Gold and Silver Oar and precious Stones which shall from time to time and at all times hereafter happen to be found gotten had and obtained in any of the said Lands and premises or within any part thereof

Provided nevertheless and Wee doe for Vs Our Heirs and Successors Grant and ordain that all and every such Lands Tenements and hereditaments and all other estates which any person or persons or Bodies-Politic or Corporate Townes Villages Colleges or Schools do hold and enjoy or ought to hold and enjoy within the bounds aforesaid by or under any Grant or estate duly made or granted by any General Court formerly held or by virtue of the Letters Patents herein before recited or by any other lawful Right or Title whatsoever shall be by such person and persons Bodies Politic and Corporate Townes Villages Colleges or Schools their respective Heirs Successors and Assigns for ever hereafter held and enjoyed according to the purport and Intent of such respective Grant under and Subject nevertheless to the Rents and Services thereby reserved or made payable any matter or thing whatsoever to the contrary notwithstanding

And Provided also that nothing herein contended shall extend or be understood or taken to impeach or prejudice any right title Interest or demand which Samuell Allen of London Merchant claiming from and vnder John Mason Esqr deceased or any other person or persons hath or have or claimed to have hold or enjoy of in to or out of any part or parts of the premises situate within the limits above mentioned But that the said Samuel Allen and all and every such person and persons may and shall have hold and enjoy the same in such manner (and no other then) as if these presents had not been had or made It being Our further Will and Pleasure that no Grants or Conveyances of any Lands Tenements or hereditaments to any Townes Colleges Schools of Learning or to any private person or persons shall be judged or taken to be avoided or prejudiced for or by reason of any want or defect of Form but that the same stand and remain in force and be maintained adjudged and have effect in the same manner as the same should or ought before the time of the said recited Judgment according to the Laws and Rules then and there usually practiced and allowed And Wee doe further for Vs Our Heirs and Successors Will Establish and ordain that from henceforth for ever there shall be one Governor One Lieutenant or Deputy Governor and One Secretary of Our said Province or Territory to be from time to time appointed and Commissioned by Us Our Heirs and Successors and Eight and Twenty Assistants or Councillors to be advising and assisting to the Governor of Our said Province or Territory for the time being as by these presents is hereafter directed and appointed which said Councillors or Assistants are to be Constituted Elected and Chosen in such form and manner as hereafter in these presents is expressed And for the better Execution of Our Royall Pleasure and Grant in this behalf Wee doe by these presents for Vs Our Heirs and Successors Nominate Ordain make and Constitute Our Trusty and Welbeloved Simon Broadstreet John Richards Nathaniel Saltenstall Wait Winthrop John Phillipps James Russell Samuell Sewall Samuel Appleton Barthilomew Gedney John Hawthorn Elisha Hutchinson Robert Pike Jonathan Curwin John Jolliffe Adam Winthrop Richard Middlecot John Foster Peter Serjeant Joseph Lynd Samuell Hayman Stephen Mason Thomas Hinckley William Bradford John Walley Barnabas Lothrop Job Alcott Samuell Daniell and Silvanus Davis Esquires the first and present Councillors or Assistants of Our said Province to continue in their said respective Offices or Trusts of Councillors or Assistants until the last Wednesday in May which shall be in the yeare of Our Lord One Thousand Six Hundred Ninety and Three and until other Councillors or Assistants shall be chosen and appointed in their stead in such manner as in these presents is expressed And Wee doe further by these presents Constitute and appoint Our Trusty and well beloved Isaac Addington Esquier to be Our first and present Secretary of Our said Province during Our Pleasure

And 0ur Will and Pleasure is that the Governor of Our said Province from the time being shall have Authority from time to time at his discretion to assemble and call together the Councillors or Assistants of Our said Province for the time being and that the said Governor with the said Assistants or Councillors or Seven of them at the least shall and may from time to time hold and keep a Council for the ordering and directing the Affairs of Our said Province And further Wee Will and by these presents for Vs Our Heirs and Successors doe ordain and Grant that there shall and may be convened held and kept by the Governor for the time being upon every last Wednesday in the Month of May every year for ever and at all such other times as the Governor of Our said Province shall think fit and appoint a great and General Court of Assembly Which said Great and General Court of Assembly shall consist of the Governor and Council or Assistants for the time being and of such-Freeholders of Our said Province or Territory as shall be from time to time elected or deputed by the Major parse of the Freeholders and other Inhabitants of the respective Townes or Places who shall be present at such Elections Each of the said Townes and Places being hereby empowered to Elect and Depute Two Persons and no more to serve for and represent them respectively in the said Great and General Court or Assembly To which Great and General Court or Assembly to be held as aforesaid Wee doe hereby for Vs Our Heirs and Successors give and grant full power and authority from time to time to direct appoint and declare what Number each County Town and Place shall Elect and Depute to serve for and represent them respectively in the said Great and General Court or Assembly

Provided always that no Freeholder or other Person shall have a Vote in the Election of Members to serve in any Great and General Court or Assembly to be held as aforesaid who at the time of such Election shall not have an estate of Freehold in Land within Our said Province or Territory to the value of Forty Shillings per Annum at the least or other estate to the value of Forty pounds Sterling And that every Person who shall be so elected shall before he silt or Act in the said Great and General Court or Assembly take the Oaths mentioned in an Act of Parliament made in the first year of Our Reign Entitled an Act for abrogating of the Oaths of Allegiance and Supremacy and appointing other Oaths and thereby appointed to be taken instead of the Oaths of Allegiance and Supremacy and shall make Repeat and Subscribe the Declaration mentioned in the said Act before the Governor and Lieutenant or Deputy Governor or any two of the Assistants for the time being who shall be thereunto authorized and Appointed by Our said Governor and that the Governor for the time being shall have full power and Authority from time to time as he shall Judge necessary to adjourns Prorogue and dissolve all Great and General Courts or Assemblies met and convened as aforesaid And Our Will and Pleasure is and Wee doe hereby for Vs Our Heirs and Successors Grant Establish and Ordain that yearly once in every year for ever hereafter the aforesaid Number of Eight and Twenty Councillors or Assistants shall be by the General Court or Assembly newly chosen that is to say Eighteen at least of the Inhabitants of or Proprietors of Lands within the Territory formerly called the Colony of the Massachusetts Bay and four at the least of the Inhabitants of or Proprietors of Lands within the Territory formerly called New Plymouth and three at the least of the Inhabitants of or Proprietors of Land within the Territory formerly called the Province of Main and one at the least of the Inhabitants of or Proprietors of Land within the Territory lying between the River of Sagadahoc and Nova Scotia And that the said Councillors or Assistants or any of them shall or may at any time hereafter be removed or displaced from their respective Places or Trust of Councillors or Assistants by any Great or General Court or Assembly And that if any of the said Councillors or Assistants shall happen to dye or be removed as aforesaid before the General day of Election That then and in every such Case the Great and General Court or Assembly at their first sitting may proceed to a New Election of one or more Councillors or Assistants in the room or place of such Councillors or Assistants so dying or removed And Thee doe further Grant and Ordain that it shall and may be lawful for the said Governor with the advice and consent of the Council or Assistants from time to time to nominate and appoint Judges Commissioners of Oyer and Terminer Sheriffs Provosts Marshalls Justices of the Peace and other Officers to Our Council and Courts of Justice belonging

Provided always that no such Nomination or Appointment of Officers be made without notice first given or summons Issued out seven days before such Nomination or Appointment onto such of the said Councillors or Assistants as shall be at that time residing within Our said Province

And Our Will and Pleasure is that the Governor and Lieutenant or Deputy Governor and Councillors or Assistants for the time being and all other Officers to be appointed or Chosen as aforesaid shall before the undertaking the Execution of their Offices and Places respectively take their several and respective Oaths for the due and faithful performance of their duties in their several and respective Offices and Places and also the Oaths appointed by the said Act of Parliament made in the first year of Our Reign to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeat and subscribe the Declaration mentioned in the said Act before such Person or Persons as are by these presents herein after appointed (that is to say) The Governor of Our said Province or Territory for the time being shall take the said Oaths and make repeat and subscribe the said Deceleration before the Lieutenant or Deputy Governor or in his absence before any two or more of the said Persons hereby Nominated and appointed the present Councillors or Assistants of Our said Province or Territory to whom Wee doe by these presents give full power and Authority to give and administer the same to Our said Governor accordingly and after Our said Governor shall be sworn and shall have subscribed the said Declaration that then Our Lieutenant or Deputy Governor for the time being and the Councillors or Assistants before by these presents Nominated and appointed shall take the said Oaths and make repeat and subscribe the said Declaration before Our said Governor and that every such person or persons as shall (at any time of the Annual Elections or otherwise upon death or removal) be appointed to be the New Councillors or Assistants and all other Officers to bee hereafter chosen from time to time shall take the Oaths to their respective Offices and places belonging and also the said Oaths appointed by the said Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeat and subscribe the declaration mentioned in the said Act before the Governor or Lieutenant or Deputy Governor or any two or more Councillors or Assistants or such other Person or Persons as shall be appointed thereunto by the Governor for the time being to whom Wee doe therefore by these presents give full power and authority from time to time to give and administer the same respectively according to Our true meaning herein before declared without any Commission or further Warrant to bee had and obtained from vs Our Heirs and Successors in that behalf And Our Will and Pleasure is and Wee doe hereby require and Command that all and every person and persons hereafter by Vs Our Heirs and Successors nominated and appointed to the respective Offices of Governor or Ieivt or Deputy Governor and Secretary of Our said Province or Territory (which said Governor or Lieutenant or Deputy Governor and Secretary of Our said Province or Territory for the time being Wee doe hereby reserve full power and Authority to Vs Our Heirs and Successors to Nominate and appoint accordingly, shall before he or they be admitted to the Execution of their respective Offices take as well the Oath for the due and faithful performance of the said Offices respectively as also the Oaths appointed by the said Act of Parliament made in the said First year of Our Reign to be taken instead of the said Oaths of Allegiance and Supremacy and shall also make repeat and subscribe the Declaration appointed by the said Act in such manner and before such persons as aforesaid

And further Our Will and Pleasure is and Wee doe hereby for Vs Our Heirs and Successors Grant Establish and Ordain That all and every of the Subjects of Vs Our Heirs and Successors which shall go to and Inhabit within Our said Province and Territory and every of their Children which shall happen to be born there or on the Seas in going thither or returning from thence shall have and enjoy all Liberties and Immunities of Free and natural Subjects within any of the Dominions of Vs Our Heirs and Successors to all Intents Constructions and purposes whatsoever as if they and every of them were borne within this Our Realm of England and for the greater Ease and Encouragement of Our Loving Subjects Inhabiting our said Province or Territory of the Massachusetts Bay and of such as shall come to Inhabit there Wee doe by these presents for us Our heirs and Successors Grant Establish and Ordain that for ever hereafter there shall be a liberty of Conscience allowed in the Worship of God to all Christians (Except Papists) Inhabiting or which shall Inhabit or be Resident within our said Province or Territory And Wee doe hereby Grant and Ordain that the Governor or lieutenant or Deputy Governor of our said Province or Territory for the time being or either of them or any two or more of the Council or Assistants for the time being as shall be “hereunto appointed by the said Governor shall and may at all times and from time to time hereafter have full Power and Authority to Administer and give the Oaths appointed by the said Act of Parliament made in the first year of Our Reign to be taken instead of the Oaths of Allegiance and Supremacy to all and every person and persons which are now Inhabiting or residing within our said Province or Territory or which shall at any time or times hereafter go or passe thither And wee doe of our further Grace certain knowledge and mere motion Grant Establish and Ordain for Vs our heirs and Successors that the great and General Court or Assembly of our said Province or Territory for the time being Convened as aforesaid shall for ever have full Power and Authority to Erect and, Constitute Judicatories and Courts of Record or other Courts to be held in the name of Vs Our heirs and successors for the Hearing Trying and Determining of all manner of Crimes Odences Pleas Processes Plaints Actions Matters Causes and things whatsoever arising or happening within Our said Province or Territory or between persons Inhabiting or residing there whether the same be Criminal or Civil and whether the said Crimes be Capital or not Capital and whether the said Pleas be Real personal or mixed and for the awarding and making out of Execution thereupon To which Courts and Judicatories wee doe hereby for vs our heirs and Successors Give and Grant full power and Authority from time to time to Administer oaths for the better Discovery of Truth in any matter in Controversy or depending before them And wee doe for vs Our Heirs and Successors Grant Establish and Ordain that the Governor of our said Province or Territory for the time being with the Council or Assistants may doe execute or perform all that is necessary for the Probate of Wills and Granting of Administration for touching or concerning any Interest or Estate which any person or persons shall have within our said Province or Territory

And whereas Wee judge it necessary that all our Subjects should have liberty to Appeal to vs our heirs and Successors in Cases that may deserve the same Wee doe by these presents Ordain that in case either party shall not rest satisfied with the Judgement or Sentence of any Judicatories or Courts within our said Province or Territory in any Personal Action wherein the matter in difference doth exceed the value of three hundred Pounds Sterling that then he or they may appeal to vs Our heirs and Successors in our or their Privy Council Provided such Appeal be made within Fourteen days after ye Sentence or Judgement given and that before such Appeal be allowed Security be given by the party or parties appealing in the value of the matter in Difference to pay or Answer the Debt or Damages for the which Judgement or Sentence is given With such Costs and Damages as shall be Awarded by vs Our Heirs or Successors in case the Judgement or Sentence be affirmed

And Provided also that no Execution shall be stayed or suspended by reason of such Appeal unto vs our Heirs and Successors in our or their Privy Council so as the party Suing or taking out Execution doe in the like manner give Security to the value of the matter in difference to make Restitution in Case the said Judgement or Sentence be reversed or annulled upon the said Appeal

And we doe further for vs our Heirs and Successors Give and Grant to the said Governor and the great and General Court or Assembly of our said Province or Territory for the time being full power and Authority from time to time to make ordain and establish all manner of wholesome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions either with penalties or without (so as the same be not repugnant or contrary to the Laws of this our Realm of England) as they shall Judge to be for the-good and welfare of our said Province or Territory And for the Government and Ordering thereof and of the People Inhabiting or who shall Inhabit the same and for the necessary support and Defense of the Government thereof

And wee doe for us our Heirs and Successors Give and grant that the said General Court or Assembly shall have full power and Authority to name and settle annually all Civil Officers within the said Province such Officers Excepted the Election and Constitution of whom we have by these presents reserved to vs Our Heirs and Successors or to the Governor of our said Province for the time being and to Sett forth the several Duties Powers and Limits of every such Officer to be appointed by the said General Court or Assembly and the forms of such Oaths not repugnant to the Laws and Statutes of this, our Realm of England as shall be respectively Administered unto them for the Execution of their several Offices and places And also to impose Fines mulcts Imprisonments and other Punishments And to impose and levy proportional and reasonable Assessments Rates and Taxes upon the Estates and Persons of all and every the Proprietors and Inhabitants of our said Province or Territory to be Issued and disposed of by Warrant under the hand of the Governor of our said Province for the time being with the advice and Consent of the Council for Our service in the necessary defense and support of our Government of our said Province or Territory and the Protection and Preservation of the Inhabitants there according to such Acts as are or shall be in force within our said Province and to dispose of matters and things whereby our Subjects inhabitants of our said Province may be Religiously peaceably and Civilly Governed Protected and Defended so as their good life and orderly Conversation may win the Indians Natives of the Country to the knowledge and obedience of the only true God and Savior of Mankind and the Christian Faith which his Royall Majesty our Royall Grandfather king Charles the first in his said Letters Patents declared was his Royall Intentions And the Adventurers free Possession to be the Principal end of the said Plantation

And for the better securing and maintaining Liberty of Conscience hereby granted to all persons at any time being and residing within our said Province or Territory as aforesaid Willing Commanding and Requiring and by these presents for us Our heirs and Successors Ordaining and appointing that all such Orders Laws Statutes and Ordinances Instructions and Directions as shall be so made and published under our Seal of our said Province or Territory shall be Carefully and duly observed kept and performed and put in Execution according to the true intent and meaning of these presents

Provided always and Wee doe by these presents for vs Our Heirs and Successors Establish and Ordain that in the framing and passing of all such Orders Laws Statutes and Ordinances and in all Elections and Acts of Government whatsoever to be passed made or done by the said General Court or Assembly or in Council the Governor of our said Province or Territory of the Massachusetts Bay in New England for the time being shall have the Negative voice and that without his consent or Approbation signified and declared in Writing no such Orders Laws Statutes Ordinances Elections or other Acts of Government whatsoever so to be made passed or done by the said General Assembly or in Council shall be of any Force effect or validity anything herein contained to the contrary in anywise notwithstanding And wee doe for vs Our Heirs and Successors Establish and Ordain that the said Orders Laws Statutes and Ordinances be by the first opportunity after the making thereof sent or Transmitted unto vs Our Heirs and Successors under the Public Seal to be appointed by vs for Our or their approbation or Disallowance And that in case all or any of them shall at any time within the space of three years next after the same shall have presented to vs our Heirs and Successors in Our or their Privy Council be disallowed and rejected and so signified by vs Our Heirs and Successors under our or their Sign Manual and Signet or by or in our or their Privy Council unto the Governor for the time being then such and so many of them as shall be so disallowed and directed shall thenceforth cease and determine and become utterly void and of none effect

Provided always that in case Wee our Heirs or Successors shall not within the Term of Three Years after the presenting of such Orders Laws Statutes or Ordinances as aforesaid signify our or their Disallowance of the same Then the said orders Laws Statutes or Ordinances shall be and continue in full force and effect according to the true Intent and meaning of the same until the Expiration thereof or that the same shall be Repealed by the General Assembly of our said Province for the time being Provided also that it shall and may be Lawful for the said Governor and General Assembly to make or passe any Grant of Lands lying within the Bounds of the Colonies formerly called the Colonies of the Massachusetts Bay and New Plymouth and province of Main in such manner as heretofore they might have done by virtue of any former Charter or Letters Patents which grants of lands within the Bounds aforesaid Wee doe hereby Will and ordain to be and continue for ever of full force and effect without our further Approbation or Consent And so as Nevertheless and it is Our Royall Will and Pleasure That no Grant or Grants of any Lands lying or extending from the River of Sagadehock to the Gulf of St: Lawrence and Canada Rivers and to the Main Sea Northward and Eastward to be made or past by the Governor and General Assembly of our said Province be of any force validity or Effect until Wee Our Heirs and Successors shall have Signified Our or their Approbation of the same

And Wee doe by these presents for vs Our Heirs and Successors Grant Establish and Ordain that the Governor of our said Province or Territory for the time being shall have full Power by himself or by any Chief Commander or other Officer or Officers to be appointed by him from time to time to train instruct Exercise and Govern the Militia there and for the special Defense and Safety of Our said Province or Territory to assemble in Martial Array and put in Warlike posture the Inhabitants of Our said Province or Territory and to lead and Conduct them and with them to Encounter Expulse Repel Resist and pursue by force of Arms as well by Sea as by Land within or without the limits of Our said Province or Territory and also to kill slay destroy and Conquer by all fitting ways Enterprises and means whatsoever all and every such Person and Persons as shall at any time hereafter Attempt or Enterprise the destruction Invasion Detriment or Annoyance of Our said Province or Territory and to use and exercise the Law Martial in time of actual War Invasion or Rebellion as occasion shall necessarily require and also from time to time to Erect Forts and to fortify any place or Places within Our said Province or Territory and the same to furnish with all necessary Ammunition Provisions and Stores of War for Offense or Defense and to commit from time to time the Custody and Government of the same to such Person or Persons as to him shall seem meet And the said Forts and Fortifications to demolish at his Pleasure and to take and surprise by all ways and means whatsoever all and every such Person or Persons with their Ships Arms Ammunition and other goods as shall in a hostile manner Invade or attempt the Invading Conquering or Annoying of Our said Province or Territory

Provided always and Wee doe by these presents for Vs Our Heirs and Successors Grant Establish and Ordain That the said Governor shall not at any time hereafter by virtue of any power hereby granted or hereafter to be granted to him Transport any of the Inhabitants of Our said Province or Territory or oblige them to march out of the Limits of the same without their Free and voluntary consent or the Consent of the Great and General Court or Assembly or Our said Province or Territory nor grant Commissions for exercising the Law Martial upon any the Inhabitants of Our said Province or Territory without the Advice and Consent of the Council or Assistants of the same

Provided in like manner and Wee doe by these presents for Vs Our Heirs and Successors Constitute and Ordain that when and as often as the Governor of Our said Province for the time being shall happen to dye or be displaced by Us Our Heirs or Successors or be absent from his Government That then and in any of the said Cases the Lieutenant or Deputy Governor of Our said Province for the time being shall have full power and authority to doe and execute all and every such Acts Matters and things which Our Governor of Our said Province for the time being might or could by virtue of these Our Letter Patents lawfully doe or execute if he were personally present until the return of the Governor so absent or Arrival or Constitution of such other Governor as shall or may be appointed by Us Our Heirs or Successors in his stead and that when and as often as the Governor and Lieutenant or Deputy Governor of Our said Province or Territory for the time being shall happen to dye or be displaced by Vs Our Heirs or Successors or be absent from Our said Province and that there shall be no person within the said Province Commissioned by Us Our Heirs or Successors to be Governor within the same Then and in every of the said cases the Council or Assistants of Our said Province shall have full power and Authority and Wee doe hereby give and grant unto the said Council or Assistants of Our said Province for the time being or the Major parse of them full power and Authority to doe and execute all and every such Acts matters and things which the said Governor or Lieutenant of Deputy Governor of Our said Province or Territory for the time being might or could lawfully doe or exercise if they or either of them were personally present until the return of the Governor Lieutenant or Deputy Governor so absent or Arrival or Constitution of such other Governor or Lieutenant or Deputy Governor as shall or may be appointed by Us Our Heirs or Successors from time to time

Provided always and it is hereby declared that nothing herein shall extend or be taken to Erect or grant or allow the Exercise of any Admiral Court Jurisdiction Power or Authority but that the same shall be and is hereby reserved to Vs and Our Successors and shall from time to time be Erected Granted and exercised by virtue of Commissions to be issued under the Great Seal of England or under the Seal of the High Admiral or the Co missioners for executing the Office of High Admiral of England

And further Our express Will and Pleasure is And Wee doe by these present for Vs Our Heirs and Successors Ordain and appoint that these Our Letters Patents shall not in any manner Enure or be taken to abridge bar or hinder any of Our loving Subjects whatsoever to use and exercise the Trade of Fishing upon the Coasts of New England but that they and every of them shall have full and free power and Liberty to continue and use their said Trade of Fishing upon the said Coasts in any of the seas thereunto adjoining or any Arms of the said Seas or Salt Water Rivers where they have been wont to fish and to build and set upon the Lands within Our said Province or Colony lying west and not then possessed by particular Proprietors such Wharves Stages and Workhouses as shall be necessary for the salting drying keeping and packing of their Fish to be taken or gotten upon that Coast And to Cut down and take such Trees and other Materials there growing or being or growing upon any parts or places lying west and not then in possession Of particular proprietors as shall be needful for that purpose and for all other necessary easements helps and advantages concerning the Trade of Fishing there in such manner and form as they have been heretofore at any time accustomed to doe without marking any Wilful Wast or Spoil any thing in these presents contended to the contrary notwithstanding

And lastly for the better providing and furnishing of Masts for Our Royall Navy Wee doe hereby reserve to Vs Our Heirs and Successors all Trees of the Diameter of Twenty Four Inches and upwards of Twelve Inches from the ground growing upon any soil or Tract of Land within Our said Province or Territory not heretofore granted to any private persons And Wee doe restrains and forbid all persons whatsoever from felling cutting or destroying any such Trees without the Royall License of Us Our Heirs and Successors first had and obtained upon penalty of Forfeiting One Hundred Pounds sterling unto Os Our Heirs and Successors for every such Tree so felled cult or destroyed without such License had and obtained in that behalf any thing in. these presents contended to the contrary in any wise Notwithstanding

In Witness whereof We have caused these our Letters to be made Patents Witness Ourselves at Westminster the Seventh Day of October in the Third year of Our Reign By Writ of Privy Seal

By Writ of Privy Seal
PIGOTT

Pro Fine in Hanaperio quadragint Marcas
J. TREVOR C. S.
K. W. RAWLINSON C. S.
L. G. HUTCHNS C. S.

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/federalstatecons03thor/page/1846/mode/2up

A summary of colonial law

“The colonies now belonging to the Crown of Great Britain, exclusive of those under the government of the East India Company, (to which this work does not profess to extend,) are as follows:

In the West Indies and South America:

  1. Antigua, including Barbuda
  2. Barbadoes
  3. British Guiana
  4. Dominica
  5. Grenada
  6. Jamaica
  7. Montserrat
  8. Navis
  9. St. Christopher’s, including Anguilla
  10. St. Lucia
  11. St. Vincent
  12. Tobago
  13. Trinidad
  14. Virgin Islands

In North America, continental and insular:

  1. Bahama Islands
  2. The Bermuda, or Somer’s Islands
  3. Canada, Lower
  4. Canada, Upper
  5. Prince Edward’s Island
  6. New Brunswick
  7. Newfoundland, with part of Labrador
  8. Nova Scotia, including Cape Breton

Africa:

  1. Cape of Good Hope
  2. Sierra Leone, with the settlements on the Gold Coast

In the Indian Seas:

  1. Ceylon
  2. Mauritius, with the Seychelles

In the South Seas:

  1. New South Wales, with Norfolk Island
  2. Van Dieman’s Land
  3. Western Australia

(In this enumeration of the colonies nothing has been said of Honduras, which has been decided expressly not to be a colony (see ante p.2 n.1.)

These are almost all of the class above described, as Provincial establishments, there being at present no Proprietary government, nor with the exception of Sierra Leone, any Charter Government among the colonial dependencies of Great Britain.”

“The constitution of Nova Scotia is, by royal commission, a representative provincial government, one of the three original forms of the colonial constitutions.. Its legislature is formed upon that of the United Kingdom, and consists of a Council and House of Assembly. The council are twelve in number, at the head of whom are the Chief Justice of the province, who is the president, and the Bishop of Nova Scotia, who ranks next to him.

In 1758, a House of Representatives was formed, agreeably to a constitution granted to the colony, corresponding to that of England.”

Clark, Charles. “A summary of colonial law : the practice of the court of appeals from the plantations and of the laws and their administration in all the colonies; with charters of justice, orders in council, &c.” London : S. Sweet, A. Maxwell, and Stevens; Dublin : R. Milliken, 1834. https://www.canadiana.ca/view/oocihm.54637

Nova Scotia’s Charter

“In the Royal Charter granted in 1621 to Sir William Alexander lies the origin of Nova Scotia as a Province and of the name it bears. It is with the conditions leading up to this grant and consequent upon it, as well as with the Charter itself, that the present article is concerned.”

“The grant was to Sir William, his heirs, and assigns, or “to any other that will join with him in the whole or in any part thereof,” to be held of the crown as part of Scotland. The royal warrant was signed by the King at Windsor on the tenth of September, 1621, and was registered on the 29th of that month. The land thus conveyed was of large extent, though of course much smaller than the original grant to New England, of which it formed but a surrendered part.”

“The rights and privileges conferred on Sir William Alexander by the Charter have been, generally speaking, considered as almost unlimited. This, undoubtedly, is true, but if the usages of the time ·be taken into account the concessions will not appear excessive or exceptionally generous.”

“Among the rights conferred were:-all minerals, which (except a tenth royalty on gold and silver) were untaxable, the more easily to bear the large expense of operating and of reducing and refining the ores: forests without restrictions; the fisheries in fresh and salt waters, and pearls; the spoils of the chase, hunting etc. Any of these things that might be sold or inherited were granted with full powers, privileges and jurisdiction of free royalty for ever. There were also granted :-the patronage by which clergymen were appointed to churches; the offices of justiciary and admiralty; the authority to establish free ports, markets, and fairs, to regulate fees and trade revenues, to hold courts of justice, to represent the Crown on the coasts and within the bounds as hereditary Lieutenant -Governor of New Scotland …… and in that capacity to erect civil and municipal jurisdictions, to make ordinances for government and for administration of justice in civil and criminal cases. The laws and their interpretation were to be as consistent as possible with those of Scotland. In case of sedition or rebellion the Governor could invoke martial law as might be done by any other Lieutenant of the King in an overseas Dominion. To encourage settlement honours could be bestowed on deserving persons, power was given to enforce the fulfillment of contracts, to make grants of land, to use the necessary means for the protection of life and property, and to carry on overseas trade and commerce, on which after three years exemption the Crown became entitled to an impost of five per cent. Emigrants to New Scotland were required to take the oath of allegiance to the King before embarking; settlers, their children and posterity were entitled to enjoy all the liberties, rights and privileges of free and native subjects of Scotland, or of other English Dominions “as if they had been born there.” The power to regulate and coin money was granted in the interest of a free movement of; trade and commerce. These were the main points in the Charter from a business point of view.”

“For the purpose of taking possession of lands after the feudal fashion then prevailing, Nova Scotia was made a part of the county of Edinburgh, and at Edinburgh Castle the ceremony of Sasine was performed.”

See also:

Fraser, Alexander. "Nova Scotia's Charter" Dalhousie Review, Volume 01, Number 4, 1922 https://dalspace.library.dal.ca/bitstream/handle/10222/58070/dalrev_vol1_iss4_pp369_380.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

Builders of Nova Scotia

census

“I have also thought it due to the pioneers in the religious development of Nova Scotia to give a brief sketch of the establishment of the five great denominations, the Roman Catholics, Presbyterians, Baptists, Church of England and Methodists – who comprise in their membership nearly all the population of the province, where the Church has always exercised a powerful influence on the social and moral conditions of a country where the Puritan and English element of New England has, in the course of over a century, intermingled with English, Scotch and Irish and given birth to the “Nova Scotian.””

“Howe was never in his heart opposed to union in principle as I know from conversations I had with him in later times, but he thought the policy pursued by the promoters of confederation was injurious to the cause itself -that so radical a change in the constitution of the province should have first been submitted to the people at the polls, and that the terms arranged at Quebec were inadequate in the main.”

“servants”…aka slaves.

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

An historical and statistical account of Nova Scotia

rulesofprecedency

A few interesting notes about the early history of Nova Scotia including Argall’s expedition, Virginia North, as well as initial attempts to settle Halifax are included here, as well as some details about the settlement of Dartmouth. The entirety of Chapter five is included also, a thorough overview of Nova Scotia’s legal and constitutional situation and its place outside the realm, some interesting observations on the constitutional nature within England itself, as well as the various institutions that were a part of life previous to the “paper revolution” that introduced “Responsible government” (previous to the overthrow of Nova Scotia’s constitution in an 1867 coup known as “confederation”).


The early settlements of the English in America proved unsuccessful, and it was not until after repeated miscarriages that a permanent establishment was effected in Virginia. A large and undefined tract of country which had hitherto been known under that general appellation,. was, in 1606, granted to two associations called the London and Plymouth companies,, who were authorised to possess the lands in America lying between the 34th and 45th degrees of north latitude. The southern part, called South Virginia, was conveyed to the former company, and the northern, called North Virginia, to the latter.

The London company, immediately after the receipt of their patent, sent out 105 persons under Capt. Newport, to commence a settlement on the island of Roanoke. Having been driven to the northward of their destination, they entered the Chesapeake, and sailing up the ‘Powhaton,’ which discharges itself into that bay, they named it James’ River ; and in May., 1607, began a settlement which they called James Town. About 1609 Argall discovered a shorter and more direct passage to Virginia, and left the track of ancient navigators, who had first directed their course southward to the tropic, sailed westward by means of the trade winds, and then turned northwards till they reached the English settlements. The same year, 500 persons under Sir Thomas Gates and Sir George Somers, were embarked for Virginia. Somers’ ship, meeting with a temp est,was driven into the Bermudas, and laid the foundation of a colony in those islands. Lord Delaware afterwards undertook the government of the English plantations, but, notwithstanding all his care, seconded by supplies from King James, and by money raised by the first lottery ever known in the kingdom, such difficulties attended the formation of these Provinces, that in 1614, there were not alive more than 400 men of all that had been sent tither.

[It may be necessary, in order to shew the relative situation of this colony to others, to exhibit the dates of their respective settlements. In 1608, or 1609, Henry Hudson discovered the River which now bears his name, and in 1614 some Dutch adventurers built a fort on its banks, which was the foundation of Albany. The next year a fort was built on the island of Manhatton, now the City of New York. In 1614 Captain Smith visited the coast which De Monts and Pontrincourt had explored, from Penobscot to Cape Malabarre, and prepared a chart of it ; on the 22d December, 1620, the Puritans, who had fled from England to Holland, to avoid persecution, arrived at Plymouth, which was the first settlement in New England three or four years after which New Jersey was settled by Dutch and Danes. In 1619, a Governor General arrived at Virginia, from England, with instructions to convoke a colonial legislature ; to this assembly 11 towns sent representatives, who sat with the Governor and Council— this was the first American Legislature. In 1623, the first settlements were made in New Hampshire. In 1627, Delaware are was first settled by a number of Danes and Fins. In 1628, Salem was settled by John Endicot and others, which was the commencement of the colony of Massachusetts. In 1632, Maryland was granted to Lord Baltimore, and the next year settled by his brother. In 1633, the first house was erected in Connecticut. In 1663, a Royal Charter was granted by Charles the Second, for Rhode Island. In the same year Carolina was granted to Lord Clarendon, and seven Qthers, and, two years afterwards, was enlarged, to include what now is Georgia, Florida, and two Carolinas. In 1639, the colony of New Haven was formed, and a charter granted for the Province of Marne. In 1681, William Penn obtained a grant of the country of Pennsylvania, In 1676, the Province of New Jersey was divided Into East and West Jersey, and continued divided until 1702, when they were again united.]

The English planters at Virginia were for some time ignorant of De Monts’ settlement in Acadia, but Captain Argall, who had accompanied an English fleet, consisting of eleven sail, on a trading and fishing voyage to that coast, in the year 1613, was informed that some white people had settled at Mount Desert. Having visited several* ports, and obtained an accurate account of their force, he concluded they were Frenchmen, and though the parent states were both at peace, immediately resolved to attack them, as intruders on the chartered limits of Virginia. The ship which he commanded mounted 14 guns, and was manned with a crew sufficiently numerous to ensure success.

The wind being fair, he set sail for the island, where he found the people dispersed at their various employments, and altogether unprepared to receive an enemy — a ship and a bark were lying at anchor in the harbour, but were soon overpowered and taken. Gilbert Du Thet, one of the Jesuits, was shot through the head with a musket ball, while animating the people to defence. Argall then landed his men to attack the fort, but the French, finding resistance to be unavailing, abandoned it and fled to the woods. The island was then taken possession of the name of the King of England, and the cross broken to pieces which had been erected by the Jesuits. The King’s commission having been discovered, it was concealed by Argall, who, upon Saussaye surrendering himself the next day, required him to exhibit the authority under which he had attempted to make the settlement ; not suspecting the fraud which had been practised upon him, he readily undertook to produce it, and failing in his search, he was informed that it was impossible to view him in any other light than as a pirate, and the place was immediately pillaged ; the prisoners were then furnished with a bark to return to France, but this vessel being too small for that purpose. Argall offered all those who could render themselves useful, a passage to James Town. On their arrival at Virginia, the French were thrown into prison as corsairs, and condemned to be executed. Argall, shocked at the issue of his stratagem, which had been designed merely as a pretext for plundering them of their effects, represented to the Governor that they had capitulated on the express condition of receiving the treatment usual for prisoners of war ; that he had pledged himself for the honorable fulfillment of this agreement, and that, placing implicit confidence in the good faith of the English, they had voluntarily accompanied them, to enter the service of His Majesty for the space of one year. To this it was observed that he had no power to offer such terms, and that it was no apology for their conduct that he had exceeded his authority — finding every attempt to save their lives unavailing, he frankly confessed the part he had acted, and produced the Royal Commission.

This document, and the investigation connected with it, induced Sir Thomas Dale, the Governor of Virginia, to fit out an expedition to dislodge the French from Acadia. Captain Argall was appointed to the command of the force destined for this purpose, which consisted of three armed vessels. Father Biart, glad of an opportunity to be revenged cf Biencourt, offered to pilot the Vessel to the basin of Port Royal ; and Argall, having reached the Bay of Fundy, entered the harbor and landed forty men. A gun was fired from the battery, as a signal to the people who were abroad, but he advanced with such rapidity that he found the fort abandoned, and immediately took possession of it. He then sailed up the River Laquille, with his boats, where he viewed their fields, barns and mills. These he spared, but on his return he destroyed the fort, and defaced the arms of the King of France. Biencourt was at this time surveying the country at a distance, but being called home, he requested a conference with the English Commander. They met in a meadow, with a few of their followers, — after an ineffectual assertion of rights, equally claimed by both, Biencout proposed, if he could obtain protection from the Crown of England, and get the obnoxious Jesuit in his possession, to divide the fur trade, and disclose the Mines of the country. But Argall refused to make any treaty, alledging that his orders were only to dispossess him, and threatening if he should find him there again to consider him as an enemy. Whilst they were in conference, one of the Savages came up to them, and in broken French, with suitable gestures, endeavored to mediate a peace between them, wondering that persons who appeared to him to be of one nation, should make war on each other. This affecting incident served to put both of them in a good humour. After Argall’s departure, some of the Frenchmen dispersed themselves in the woods, and mixed with the Savages ; others went to the River St. Lawrence, and strengthened the settlement which Champlain had made there ; the rest were carried to England, and reclaimed by the French Ambassador. Thus terminated the first effective Settlement in North America, after an existence of eight years.

This French colony was not supported with any degree of energy. Henry IV was a wise and benevolent prince, and delighted in the happiness of his people, but religious controversies, which at that time agitated France, left him but little leisure to think of his favorite colony of Acadia. The only pretext for this hostile expedition, in a time of profound peace, was an encroachment of the French on the rights of the English, founded on the discovery of Cabot. The Virginia charter of 160(5, unless considered as derived from this source, was not trespassed upon by the French settlements. That charter granted to the Plymouth company as far as the forty fifth degree of North latitude. De Monts had previously received a patent of the territory from the 40tli to the 46th degree of north latitude, by virtue of which he founded Port Royal in 1605.

Neither England, nor any European power, seems to have asserted or allowed, at so early a period, a right derived from occupancy. Had that right been settled by the law of nations, this act of Argall’s would have furnished just cause for complaint.

It does not, however, appear that this transaction was either approved of by the court of England, or resented by the crown of France.

[Charlevoix states this transaction to have taken place in 1618. But Prince, in his chronology (the best authority on the subject) supposes it to have been in 1613, in which Dr. Belknapp, Douglass and Hutchinson, agree ; and Charlevoix informs us that the author of the History of Virginia adopted the same opinion as Prince. There is also a discrepancy in the accounts of this affair. Belkrtapp, who compiled from Purchas, Stith and others, has made the capture of Port Royal to follow immediately after the destruction of St. Saviour, and not to have been the act of another year, and the object of a subsequent expedition ; he also says the French were well used, and that they voluntarily surrendered their commission. But I have followed Charlevoix, who says he took his account from the journal of Father Biart himself, and as the description of the country, given by the latter, is corroborated in many particulars by Lescarbot, whose narrative is unquestionably authentic, I have inclined to adopt the account in the text.

William Alexander, a younger son of Alexander Alexander, proprietor of the estate of Monstrie, in Clackmannanshire, Scotland, was born in the year 1580. Having received a liberal education, he was selected as travelling companion to the Duke of Argyle. On his return from foreign parts he lived for some time a retired life in Scotland, and published his Aurora, a poetical complaint on the unsuccessful addresses he had made to a lady, who declining the honor of his hand, had, as he expressed it, “ matched her morning to one in the evening of his days not long after this he married •Janet, daughter and heiress of Sir William Erskine, and removed to the Court of James the Sixth, when he published a tragedy on the story of Darius, and two poems, one congratulating his Majesty on his entry into England, the other on the inundation of Dover, where the King used to recreate himself with the diversion of hawking. In 1607, his dramatic performances, entitled the monarchical tragedies were published, containing besides Darius just mentioned, Croesus, the Alexandrean, and Julius Caesar he was also the author of a poem called Doomsday, and several other pieces, and it is said His Majesty used to call him his philosophical poet, in 1613, he was appointed one of the gentlemen ushers of the presence, to Prince Charles, and master of the requests, and received the honor of knighthoods In 1621, he obtained the grant of Nova Scotia. In 1626, the King appointed him Secretary of State for Scotland, created him a peer of that kingdom in 1630, by the title of Viscount Sterling, and soon afterwards, by letters patent, dated 14th June, 1633, made him Earl of Sterling. He discharged the duties of the office of Secretary of State with great reputation, until the time of his death, which happened in 1640.

He left two sons and two daughters. The title of the Earl of Sterling, has been supposed for many years to be extinct, but it is! said that a claimant has lately appeared for it.]

View of Halifax from Dartmouth Cove

“The beauty and the safety of this (Halifax) harbor attracted the notice of speculators at a very early period, and many applications were at different times made, for a grant of land in its vicinity. The famous projector, Captain Coram, was engaged in 1718, in a scheme for settling here; and a petition was presented by Sir Alexander Cairn, James Douglas, and Joshua Gee, in behalf of themselves and others, praying for a grant upon the sea coast, five leagues S.W. and five leagues N.W. of Chebucto, upon condition of building a town, improving the country around it, be raising hemp, making pitch, tar and turpentine, and of settling two hundred families upon it within three years. This petition received a favorable report from the Lords of Trade; but as it was opposed by the Massachusetts’s agents, on account of a clause restricting the fishery, it was rejected by the Council.”

“Dartmouth – Opposite at Halifax, on the eastern side of the harbour, which is there about nine tenths of a mile wide, is situated the town of Dartmouth, which was laid out and settled in the year 1750. In the war of 1756, the [Mi’kmaq] collected in great force on the Bason of the Minas, ascended the Shubenacadie river in their canoes, and at night, surprising the guard, scalped or carried away most of the inhabitants. From this period, settlement was almost derelict, till Governor Parr, in 1784, encouraged 20 families to remove thither from Nantucket, to carry on the south sea fishery. The town was laid out in a new form, and £1,500 provided for the inhabitants to erect buildings. The spirit and activity of the new settlers created the most flattering expectations of success. Unfortunately, in 1792, the failure of a house in Halifax, extensively concerned in the whale fishery, gave a severe check to the Dartmouth establishment, which was soon after totally ruined. About this period, an agent was employed by the merchants of Milford, in England, to persuade the Nantucket settlers to remove thither; the offers were too liberal to be rejected, and the Province lost these orderly and industrious people.

During the late war the harbour became the general rendezvous of the navy and their prizes, which materially enriched the place, and extended the number of buildings. Between Dartmouth and Halifax a team boat constantly plies, for the accommodation of passengers. The whole of the eastern shore of the harbour, though by no means the first quality of soil, is much superior to the western… On the eastern passage there are some fine farms, chiefly settled by Germans, and every cove and indent contains a few families of fisherman, who supply Halifax with fresh and cured fish. A chain of lakes in this township, connected with the source of the Shubenacadie River, suggested the idea of uniting the waters of the Bason of Minas with Halifax harbour, by means of a canal. Of these lakes Charles, or the first Shubenacadie Lake, is distant from Halifax about three miles and a half.”

A close up of the map above, centered on the Dartmouth area.

Chapter V:

Various kinds of Colonial GovernmentsPower of GovernorNature of CouncilJurisdiction and power of House of AssemblyCourt of ChanceryCourt of ErrorSupreme CourtInferior Courts of Common PleasCourts of General SessionsJustices CourtsProbate CourtsSheriff and ProthonotaryCourt of Vice AdmiraltyCourt for the trial of PiraciesGeneral observations on the laws of Nova-Scotia

“A desire to know something of the Government under which we live is not only natural but commendable. In England there are many books written on the constitution of the Country, but in Nova Scotia, the inquisitive reader, while he finds enacted laws, will search in vain for any work professedly treating the origin of the authority that enacts them. The labor of examining the History of other colonies analogous to our own for this information is very great, and the means of doing so not always attainable. In a work of this kind, a brief outline is all that can be looked for, consistently with the space claimed by the other objects which it embraces; but it is hoped that it will be sufficient for the purpose of general information.

In British America there were originally several kinds of Governments, but they have been generally classed under three heads.

  • 1st. Proprietary governments, granted by the Crown to individuals, in the nature of feudatory principalities, with all the inferior regalities and feudatory powers of Legislation, which formerly belonged to Counties Palantine, on condition that the object for which the grant was made should be substantially pursued, and that nothing should be attempted in derogation of the authority of the King of England. Of this kind were Pennsylvania, Maryland and Carolina (now Louisiana.)
  • 2nd. Charter Governments, in the nature of civil corporations, with the power of making bye laws, for their own internal regulations, and with such rights and authorities as were especially given to them in their several acts of incorporation. The only charter Governments that remained at the commencement of the Civil War, were the Colonies of Massachusetts Bay, Rhode Island, Providence and Connecticut.
  • 3rd. Provincial governments, the constitutions of which depended on the respective Commissions, issued by the Crown to the governors, and the instructions which accompanied those commissions -Under this authority Provincial Assemblies were constituted, with the power of making local ordinances not repugnant to the laws of England. Of the latter kind is Nova Scotia, which is sometimes called the Province and sometimes the Colony of Nova Scotia. For some time previous to the Revolution in America, the popular leaders affected to call the Provincial establishments, or King’s governments on the Continent, Colonies instead of Provinces, from an opinion they had conceived that the word Province implied a conquered Country. But whatever distinction there might once have been between the terms Province, Colony and Plantation, there seems now to be none whatever, and they are indiscriminately used in several acts of Parliament. A Provincial government is immediately dependent upon the Crown, and the King remains sovereign of the Country. He appoints the Governor and Officers of State, and the people elect the Representatives as in England. The orders of judicature in these establishments are similar to those of the mother country, and their legislatures consist of a governor, representing the crown, a council or upper house, and an assembly chosen by, and representing the people at large. The following is a short account of the powers and privileges exercised in Nova-Scotia, by these several branches respectively in their own systems:

Governor

The Provinces in British North America are in general comprised in one command, and the Captain General, Governor and Commander-in-Chief, resides in Canada. The Governors of the several Provinces are styled Lieutenant-Governors, and have the title of Excellency, in consequence of being the King’s immediate Representative. The Governor of Nova- Scotia has the rank of Lieut.-General, and is styled “Lieutenant-Governor and Commander-in-Chief, in and over His Majesty’s Province of Nova-Scotia, and its dependencies, Chancellor and Vice-Admiral of the same”.

He is invested with the following powers:

  • 1st. As Commander-in-Chief he has the actual command of all the militia, and if a senior military officer, of all the army within his Government; and he commissions all officers of the militia. He appoints the Judges of all the different Courts of Common Law, he nominates and supersedes at will, the Custodes, Justices of the Peace, and other subordinate civil officers. With the advice of his Council he has authority to summon General Assemblies, which he may, from time to time, prorogue and dissolve as he alone shall judge needful. All such civil employments as the Crown does not dispose or are part of his patronage, and whenever vacancies happen in such offices as are usually filled up by the British Government, the Governor appoints pro-tempore, and the persons so appointed are entitled to all the emoluments till those who are nominated to supercede them arrive in the Colony. He has likewise authority, when he shall judge any offender in criminal matters a fit object of mercy, to extend the King’s pardon towards him, except in case of murder and high treason, and even in those cases he is permitted to reprieve until the signification of the Royal Pleasure.
  • 2d. The Governor has the custody of the Great Seal, presides in the High Court of Chancery, and in general exercises, within his jurisdiction, the same extensive powers as are possessed by the Lord High Chancellor of Great Britain, with the exception of those given by particular statutes.
  • 3d. The Governor has the power of granting probate of wills and administration of the effects of persons dying intestate, and, by statute, grants licences for marriages.
  • 4th. He presides in the Court of Error, of which he and the Council are Judges,to hear and determine all appeals, in the nature of writs of error, from the Superior Courts of Common Law.
  • 5th. The Governor is also Vice-Admiral within his Government, although he cannot, as such, issue his warrant to the Judge of the Court of Vice-Admiralty to grant commissions to privateers.
  • 6th. The Governor, besides various emoluments which arise from fees and forfeitures, has an honorable annual provision settled upon him, for the whole term of his administration in the Colony ; and that he may not be tempted to diminish the dignity of his station by improper condescensions, to leading men in the Assembly, he is in general restrained by his instructions from accepting any salary, unless the same be settled upon him by Law within the space of one year after his entrance into the Government, and expressly made irrevocable during the whole term of his residence in the administration, which appears to be a wise and necessary restriction.

A Governor, on his arrival in the Province, must (agreeably to the directions of his commission and his instructions – The Gazette has, in some instances, been held sufficient, when the Commission was not made out) in the first place, cause his commission as Governor and Commander-in-Chief, and also of Vice-Admiral, to be read and published at the first meeting of the Council, and also in such other manner as hath been usually observed on such occasions. In the next place, he must take the oaths to Government, and administer the same to each of the Council, and make and subscribe the declaration against transubstantiation, and cause the Council, unless they have previously done so, to do the same. He must then take the oath, for the due execution of the office and trust of Commander-in-Chief and Governor, and for the due and impartial administration of Justice; and he must also cause the oath of office to be administered to the Members of the Council.

— In the last place, he must take an oath to do his utmost, that the several laws relating to trade and the plantations be duly observed; which oaths and declaration, the Council, or any three of the members thereof, are empowered to administer.

Every Governor, together with his commission, receives a large body of instructions, for his guidance in the discharge of his various duties. In the event of his death, the next senior Counsellor, not being the Chief Justice or a Judge, takes the command of the Colony, until an appointment is made by His Majesty, and is required to take the same oaths, and make the same declaration as a Governor. Such are the powers and duties of a Governor, and the mode of redress for the violation of these duties, or any injuries committed by him upon the people, is prescribed with equal care. The party complaining has his choice of three modes

  • 1st. by application to Parliament.
  • 2d. by complaint to the Privy Council.
  • 3d. by action in the King’s Bench.

By statute 11 and 12th, William 3d, cap. 12, confirmed and extended by 42d Geo. 3d, cap. 85, all offences committed by Governors of plantations, or any other persons in the execution of their offices, in any public service abroad, may be prosecuted in the Court of King’s Bench in England. The indictment is to be laid in Middlesex, and the offenders are punishable, as if the offence had been committed in England, and are also incapacitated from holding any office under the Crown. The Court of King’s Bench is empowered to award a mandamus to any Court of Judicature, or to the Governor of the Colony, where the offence was committed, to obtain proof of the matter alleged, and the evidence is to be transmitted back to that Court, and admitted upon the trial.

The Council

The Council consists of twelve members, who arc appointed either by being named in the Governor’s instructions, by mandamus (A nomination by a Governor must be followed by a mandamus, but the person nominated acts until his mandamus arrives) or by the Governor. Their privileges, powers, and office, are as follow:

  • 1st. They are severally styled Honorable, they take precedency, next to the Commander in-Chief, and on his death or absence, the eldest member succeeds to the government,under the title of President.
  • 2d. They are a Council of State, the Governor or Commander-in-Chief, presiding in person, to whom they stand nearly in the same relation as the Privy Council in Great Britain does to the Sovereign.
  • 3d. They are named, in every commission of the peace, as Justices throughout the province.
  • 4th. The Council together with the Governor, sit as Judges in the Court of error, or Court of appeal, in civil causes, from the courts of Record, and constitute also a Court of Marriage and Divorce. It has, however, been lately decided, that if the Governor dissent from the Judgment of the Council or be in the minority, the judgment is nevertheless valid.
  • 5th. The Council is a constituent part of the legislature, as their consent is necessary to the enacting of Laws. In this capacity of legislators, they sit as the upper house, distinct from the Governor, and enter protests on their journals, after the manner of the House of Peers, and are attended by their Chaplain, Clerk, &c. As there was no order of hereditary nobility in the Colonies, out of which to constitute an intermediate body, like the Peers of England and Ireland, a legislative authority was doubtless, at an early period intrusted to the Governors and their Council acting conjointly, and forming a middle branch, between the Crown on the one hand, and the representatives of the people on the other. That this was formerly the case, the history of most of the colonies clearly evinces.

(In the Saxon times the Parliament did not consist of two distinct houses, the Peers being freeholders of large territory, were deemed the hereditary representatives of their vassals and tenants. In the Scotch Parliament there ever was one House, consisting of three estates, Peers, Representatives of Shires, and commissioners of Boroughs, they all voted together indifferently, but in Committees and the like, the proportion of Committee-men from each was limited).

The governor and council in legislative affairs, constitutes not two separate and distinct bodies independent of each other, but one constituent branch only, sitting and deliberating together. As it sometimes became necessary to reject popular bills, the Governors to divert the displeasure of the assembly from themselves to the Council, gradually declined attending on such occasions, leaving it to the board to settle matters as they could, without their interference. The council readily concurred with their designs, because their absence, removing a restraint, gave them the appearance of a distinct independent estate, and the crown perceiving the utility of the measure, gradually confirmed the practice in most of the British Colonies. This appears to be the plain origin which the Council enjoy of deliberating apart from the governors, on all bills sent up by the Assembly, of proposing amendments, to such bills, or of rejecting them entirely, without the concurrence of the governor.

The Councillors serve his Majesty without salary. In the grant of all patents, the Governor is bound to consult them, and they cannot regularly pass the seal without their advice. Though they deliberate as a distinct body, in their capacity as legislators, yet as a privy council, they are always convened by the Governor, who is present at their deliberations. As an upper house, their proceedings, though conducted with closed doors, are formal, and in imitation of the usage of the house of Lords, and although they cannot vote by proxy, they may enter the reasons of their dissent on their journals. Dissimilar as this body is in many important particulars to the house of Lords, any nearer approach to the original, appears from the state of the country, to be very difficult.

Mr. Pitt seems to have entertained the idea of creating an order of hereditary nobility in Canada, for the purpose of assimilating the constitution of that province, as nearly as possible to that of Great Britain; and accordingly a clause was introduced to that effect, in the act of the 31st. Geo. 3d. Chap. 31. “That whenever his Majesty, his heirs, or successors, shall think proper to confer upon any subject of the Crown of Great Britain, by letters patent, under the great seal of either of the said Provinces, any hereditary title of honor, rank or dignity of such Province descendable* according” to any course of descent therein limited, it shall and may be lawful for his Majesty, his heirs, or successors, to annex thereto, by the said letters patent of his Majesty, his heirs or successors, shall think fit an hereditary right of being summoned to the Legislative Council of such Province, descendable according to the course of descent so limited, with respect to such title rank or dignity, and that every person on whom such right shall be conferred, or to whom such right shall severally so descend, shall be entitled to demand of the Governor, Lieutenant Governor, or Commander-in-Chief, or person administering the government of such province, his writ of summons to such Legislative Council, at any town, after he shall have attained the age of twenty one years, subject nevertheless to the provisions hereinafter contained.”

Rules of precedency compared and adjusted from the several acts and statutes, made and provided in England, for the settlement of the precedency of men and women in America

This power has never been exercised: it has been justly observed, that these honors might be very proper, and of great utility in countries where they have existed by long custom, but they are not fit to be introduced where they have no original existence; where there is no particular reason for introducing them, arising from the nature of the country, its extent, its state of improvement or its peculiar customs; and where instead of attracting respect they might excite envy. Lords, it was said, might be given to the Colonies, but there was no such thing as creating that reserve and respect for them, on which their dignity and weight in the view of both the popular and monarchical part of the Constitution depended, and which could alone give them that power of controul and support, which were the objects of their institution.

But although the introduction of titles is not desirable, this board is susceptible of great improvement, by a total separation of its duties as a Privy Council, and a branch of the Legislature. Experiments of all kinds in Government are undoubtedly much to be deprecated, but this plan has been adopted elsewhere, not only with safety but with mutual advantage to the interests of the Crown and the people. By making the Members of the Legislative Council independent of the Governor for their existence, (for at present he has not only the power of nomination, but of suspension – Stokes mentions an instance of a Governor of a Colony, suspending a Councillor, on the singular ground of having married his daughter without his consent) and investing them with no other powers than those necessary to a branch of the Legislature, much weight would be added to administration, on the confidence and extent of interest that it would thereby obtain, a much more perfect and political distribution of power would be given to the Legislature, and the strange anomaly avoided of the same persons passing a law, and then sitting in judgement on their own act, and advising the Governor to assent to it.

This could be effected in two ways, by making the Legislative Council elective, or leaving the nomination to the Crown. If the former were preferred, it could be constructed on the plan proposed by Mr. Fox, in his speech in Parliament on the Quebec Bill. He suggested that the Members of the Council should not be eligible to be elected, unless they possessed qualifications infinitely higher than those who were eligible to be chosen members of the House of Assembly, and in the like manner, that the electors of the members of the Council, should possess qualifications, also proportionally higher than those of the electors of Representatives. By this means this country would have a real aristocracy chosen from among persons of the highest property, by people possessed of large landed estate, who would thus necessarily have the weight, influence, and independency, from which alone can be derived a power of guarding against any innovations which might be made either by the people on the one side, or the Crown on the other; should this mode be objected to, as bordering too much on democracy, the election might be left with great safety to the Crown, with this express proviso, that every Councillor so named, should be possessed of landed estate in the Colony, to a certain given extent, and should hold his seat for life. In either mode it would be rendered a most respectable and useful body.

Whether the Council forms a Court for the trial of offences, by impeachment from the House of Assembly, upon analogy to the practice of Parliament, is a question which never having been agitated here, has not been judicially determined. As Councillors do not represent any particular body of people, like the House of Lords, nor assemble as hereditary Legislators, in support of their rights and dignities, equally independent of the Crown and the people, but are appointed at the discretion of the Governor (In 1791, the articles of impeachment against the Judges of Nova-Scotia, were ordered to be heard before the King in Council), it seems very questionable whether they possess the power. The reason assigned in England, for the peculiar propriety of prosecuting high crimes and misdemeanors, by impeachment, is that as the Constituents of the Commons, are the parties generally injured, they cannot judge with impartiality, and therefore prefer their accusations before the other branch, which consists of the nobility, who have neither the same interest nor the same passions as popular assemblies. This distinction not being so obvious in the Colonial Legislatures, it appears that a complaint in the nature of impeachment, should be addressed to the King in Council.

House Of Assembly

The Assembly resembles the lower house of Parliament in its formation, mode of procedure, and power within its jurisdiction, as far as the different circumstances of the country permit. The freeholders are are assembled in the several Counties and Towns entitled to representation by the king’s writ, and their suffrages taken by the Sheriff. The members thus elected, are required by the Governor to meet at Halifax, the capital of the province, at a certain day, when the usual oaths being administered, and a Speaker chosen and approved, the sessions is opened by a speech from the person administering the Government, in imitation of that usually delivered from the throne, in which after adverting to the state of the Province, he calls their attention to such local subjects, as seem to require their immediate consideration. Halifax chooses 4 county, and 2 town, members; all the other counties 2, and the towns mentioned in the subjoined Table one.

The qualifications for a vote or representation are either a yearly income of forty shillings, derived from real estate within the particular county or town for which the election is held, or a title in fee simple of a dwelling house, and the ground on which it stands, or one hundred acres of land, five of which must be under cultivation. It is requisite that the title be registered six months before the test of the writ, unless it be by descent or devise. The declaration against transubstantiation has hitherto proved an effectual bar to the admission of Catholics into the Assembly, but upon the re-annexation of Cape-Breton to the Government of the Province, a gentleman professing that faith was returned as a member for the Island, and a dispensation procured from his Majesty, for administering the declaration to him.

—When this was made known, the Assembly, after much debate, adopted the following resolution:

“Resolved, that this House, grateful to his Majesty for relieving his Roman Catholic subjects from the disability they were heretofore under, from sitting- in this House, do admit the said Lawrence Kavanagh to take his seat, and will in future permit Roman Catholics, who may be duly elected, and shall have the necessary qualifications for a seat in this House, to take such seat without making a declaration against popery and transubstantiation; and that a Committee be appointed to wait upon his Excellency the Governor, and communicate to him the Resolution of this House.”

In 1827, an address was voted to his Majesty, by the unanimous voice of the House, praying for the total removal of this obnoxious test, as far as regarded his Catholic subjects of Nova Scotia. The Assembly continues for the term of seven years, from the return day of the writs of election, subject nevertheless to be dissolved in the mean time by the Governor, who has the power of proroguing the Council and Assembly, and appointing the time and place of their Session; with this constitutional injunction, that they shall be called together once at least every year.

The Legislature meets generally in winter, and continues in Session from six to twelve weeks. The principal business consists in investigating the public accounts; in appropriating the Revenue; which, after the discharging of the civil list, is chiefly applied to the improvement of the roads and bridges, bounties for the encouragement of agriculture; and sometimes for promoting the fisheries. As its jurisdiction is confined to the limits of the Province, and as there are no direct taxes in the Country (poor and county rates and statute labour excepted) the above mentioned business, together with some few Laws, principally of a local nature, usually occupies their attention. Sometimes however, business of a more general interest comes before them, when the debates are often conducted with ability and spirit. In treating of the Assembly, it will be proper to investigate the origin of the claim of the Colonists to legislate for themselves; and to unfold the principles in which this claim was confirmed by the Mother Country.

—The constitution of England, as it stood at the discovery of America, had nothing in its nature providing for Colonies. They have therefore, at different periods of their growth, experienced very different treatment. At first they were considered lauds without the limits of the realm, and therefore, not being united to it, not the property of the Realm: as the people who settled upon these lands in partibus exteris, were liege subjects, the King assumed the right of property and Government, to the preclusion of the jurisdiction of the state. He called them his foreign dominions, his possessions abroad, not parts and parcels of the Realm, and “as not yet annexed to the crown.”

It was upon this principle, that in the year 1621, when the Commons asserted the right of Parliament to a jurisdiction over them, by attempting to pass a bill for establishing a free fishery on the coasts of Virginia, New England, and Newfoundland, they were told by the servants of the crown that it was not fit for them to make laws for those countries which were not yet annexed to the crown, and that the bill was not proper for that house, as it concerned America. Upon this assumption the Colonies were settled by the King’s license, and the Governments established by Royal Charters; while the people emigrating to the Provinces considered themselves out of the realm; and in their executive and legislative capacities, in immediate connection with the King as their only Sovereign Lord. These novel possessions requiring some form of government, it became an exceedingly difficult matter to select that form. At last an analogy was supposed to exist between the Colonies and the Dutchy of Normandy; and the same form of Government* was adopted as had been used for the Island of Jersey.

*It is however observable, that although it was evidently the intention of the mother country, to grant the power of election to the people of the Colonies, so soon as they should be in a situation to receive a representative form of Government, yet the people assumed the right themselves, as appears by the following extract from Hutchinson, 1 vol. 94. ‘”Virginia had been many years distracted, under the government of Presidents and Governors, with Councils, in whose nomination or removal of 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 direction for it. The Governor and assistants of the Massachusetts, at first intended to rule the people, 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 surprise of the Magistrates, and the disappointment of their schemes of power. Connecticut soon after followed the plan of Massachusetts. New Haven, although the people had the highest reverence for their leaders, yet on 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. Barbadoes or the Leeward Islands began in 1625, struggled under Governors and Councils, and contending proprietors, 20 years. At length in 1645, an Assembly was called and the only reason given was, that by the grant to the Earl of Carlisle, the inhabitants were to have all the liberties, privileges and franchises of English subjects. After the restoration, there is no instance on the American continent, of a colony settled without a representation of the people, nor any attempt to deprive the colonies of this privilege, except in the arbitrary reign of King James the 2d.

It was a most fortunate circumstance, that the Island had by its constitution, “a right to hold a convention or meeting of the three orders of the Islands, in imitation of those august bodies in great kingdoms, a shadow and resemblance of an English Parliament.”

The King having assumed a right to govern the Colonies, without the intervention of Parliament, so the two Houses of Lords and Commons, in the year 1643, exerted the same power, without the concurrence of the King. They appointed the Earl of Warwick Governor in Chief of all the Plantations of America,created a committee for their regulation, and passed several laws concerning them. (See Pownal on the Colonies, passim)

Upon the restoration of Monarchy, the constitution of the Colonies received a great change. Parliament asserted, that all His Majesty’s Foreign Dominions were part of the realm, and then, for the first time, in their proper capacity, interposed in the regulation and government of the Colonies. From that period sundry laws have been passed, regulating their commerce, and having, in other respects, a direct operation on the Colonies. But nothing emanating either from the power assumed by the King, independent of Parliament, or from the Parliament without the concurrence of the King, or from the union of both, establishing the right of legislation in the colonists. It may be asserted, that every British subject has an essential right to the enjoyment of such a form of government, as secures the unrestrained exercise of all those powers necessary for the preservation of his freedom and his rights, according to the constitution of England; and that no authority can contract it within a narrower compass than the subject is entitled to by the Great Charter. Hence the Charters and Proclamations of the Crown to the several Colonies, are considered as declaratory only of ancient rights, and not creative of new privileges.

It is worthy of remark, that when England was herself a Province, the Colonies of London, Colchester, &c. enjoyed the same privilege of being governed by a legislative magistracy, which the American Colonies always contended for. At a subsequent period, but before the discovery of the New World, and when the precedent was considered as not likely to be often followed, we find that when King Edward ordered the French inhabitants to leave Calais, and planted an English Colony there, that place sent Burgesses to Parliament.

To all this it has often been answered, that the Colonies are virtually represented in Parliament. A few words will suffice in reply to this position. It was well observed by the Earl of Chatham, (although he carried the doctrine of the power of Parliament over the Colonies, to every circumstance of legislation and government short of taxation) “that the idea of virtual representation, as regards America, is the most contemptible that ever entered the head of man.” Of England it is entirely true.

Although copyholders and even freeholders, within the precincts of boroughs (not being burgesses) have no vote, yet the property of the copy-holders is represented by its lord, and the property of the borough is represented by the corporation, who choose the member of Parliament; while those persons who are not actually freeholders, have the option of becoming so if they think proper. But the Colonies are neither within any county or borough of England. Few members of Parliament have ever seen them, and none have a very perfect knowledge of them. They can therefore neither be said to be actually, or virtually represented, in that august body.

Hence the Colonies have a right, either to a legislature of their own, or to participate in that of Great-Britain. To the latter there are many objections; and when suggested on a former occasion, the plan was not cordially received on either side of the water; the other, custom has sanctioned and experience approved. To what extent the British Parliament has a right to interpose its authority, or how far the power of the Colonial Assembly extends, it is impossible to ascertain with accuracy. The doctrine of the omnipotence of the one, and the independence of the other, has at different times been pushed to an extreme by the advocates of each.

The true distinction appears to be, that Parliament is supreme in all external, and the Colonial Assembly in all internal matters. The unalterable right of property has been guaranteed to the Colonists, by the act renouncing the claim of taxation, the 18th Geo. 3d, by which it is declared “that the King and Parliament of Great Britain will not impose any duty, tax, or assessment, whether payable in any of his Majesty’s Colonies, Provinces or Plantations, in North America or the West Indies, except such duties as it may be expedient to impose, for the regulation of commerce; the net produce of such duties to be always paid and applied to, and for the use of the Colony, Province or Plantation, in which the same shall be respectively levied, in such manner as other duties, collected by the authority of the respective General Courts or General Assemblies of such Colonies, Provinces or Plantations, are ordinarily paid and applies.

Taxation is ours, commercial regulation is theirs; this distinction, says a distinguished statesman, is involved in the abstract nature of things. Property is private, individual, abstract; and it is contrary to the principles of natural and civil liberty, that a man should be divested of any part of his property without his consent. Trade is a complicated and extended consideration; to regulate the numberless movements of its several parts, and to combine them in one harmonious effect for the good of the whole, requires the superintending wisdom and energy of the supreme power of the Empire.

—The Colonist acknowledges this supremacy in all things, with the exception of taxation and of legislation in those matters of internal Government to which the Local Assemblies are competent. This may be said to be the “quam ultra contraque nequit consistere rectum.” But ever in matters of a local nature the regal control is well secured by the negative of the Governor; by his standing instructions not to give his assent to any law of a doubtful nature without a clause suspending its operation, until his Majesty’s pleasure be known, and by the power assumed and exercised, if disagreeing to any law within three years after it has passed the Colonial Legislature.

With these Provinces it is absurd to suppose, whatever may be said to the contrary, that the Local Assemblies are not supreme within their own jurisdiction; or that a people can be subject to two different Legislatures; exercising at the same time equal powers yet not communicating with each other, nor from their situation capable of being privy to each others proceedings. This whole state of commercial servitude and civil liberty when taken together, says Mr. Burke, is certainly not perfect freedom, but comparing it with the ordinary circumstances of human nature, a happy and liberal condition.

Court Of Chancery

The Governor is Chancellor in Office. The union of these two offices is filled with difficulties, and where the Governor is, as has been the case in almost all the Colonies of late years, a military man, they seem wholly incompatible. Mr. Pownal, a gentleman of great experience in colonial affairs, having been Governor of Massachusetts, South Carolina and New Jersey, thus expresses himself on this subject: “How unfit are Governors in general for this high office of law, and how improper it is, that they should be Judges, where perhaps the consequence of judgment may involve Government and the administration thereof, in the contentions of parties.— Indeed the fact is, that the general diffidence of the wisdom of this Court, thus constituted, the apprehension that reasons of state may be mingled with the grounds of the judgment, have had an effect that the coming to this Court is avoided as much as possible, so that it is almost in disuse, where the establishment of it is allowed.”

The Court of Chancery in this Colony, has never been conducted in a manner to create the dissatisfaction alluded to in other Provinces; but the increased business of the Court, the delicate nature of the appointment, and the difficulties attending the situation, induced our late Lieutenant Governor, Sir James Kempt, to request his Majesty’s Ministers to appoint a professional man, to fill the situation of the Master of the Rolls, and the Solicitor General has been appointed to that office, with a Provincial salary of £600 a year. This is the first appointment of the kind ever made in the Colonies. It may be still doubted, whether it would not have been more advantageous and convenient to the country at large, to have abolished the Court altogether, and to have empowered the Judges of the King’s Bench to sit as Judges in Equity, at stated and different terms from those of the Common Law Courts. The nature of the Court, as at present constituted, admits of great delays. An appeal lies from an interlocutory decretal order of a Chancellor to His Majesty in Council, and so toties quoties, by means of which the proceedings may be protracted by a litigious person to an indefinite length. The unnecessary prolixity of pleadings, which characterises the Chancery at home, has been introduced into practice here, and the expence and delay incidental to its proceedings, arc not at all calculated for the exigencies and means of the country.

Court Of Error And Appeals

The Governor and Council, conjointly, constitute a Court of Error, from which an appeal lies in the dernier resort to the King in Council. At the time of settling the Colonies, there was no precedent of a Judicatory besides those within the realm, except in the cases of Guernsey and Jersey. These remnants of the Dutchy of Normandy were not, according to the prevailing doctrine of those times, within the realm. According to the custom in Normandy, appeals lay to the Duke in Council; and upon the general precedent (without, perhaps, adverting to the peculiarity of the appeal, lying to the Duke of Normandy, and not to the King) was an appeal established from the Courts in the Colony to the King in Council. An appeal is under the following restrictions :

  • 1st. No appeal shall be allowed to the Governor in Council, in any civil cause, unless the debtor damage, or the sum or value appealed for, do exceed the sum of £300 sterling, except the matter in question relates to the taking or demanding any duty payable to the King, or to any fee of office, or annual rent, or other such-like matter or thing, where his rights in future may be bound ; in all which cases an appeal is admitted to the King, in his Privy Council, though the sum or value appealed for, be of less value. In all cases of fines for misdemeanours, no appeals are admitted to the King in Council, except the fines, so imposed, amount to or exceed the value of £200 sterling.
  • 2d. That every such appeal to the Governor in Council be made within fourteen days after Judgment or sentence is pronounced in the Court below ; and that the appellant or plaintiff in error, do give good security that he will effectually prosecute his appeal or writ of error, and answer the condemnation money, and also pay such costs and damages as shall be awarded, in case the judgment or sentence of the Court below shall be affirmed.
  • 3d. That no appeal be allowed from the judgment or sentence of the Governor in Council, or from the decree of the Court of Chancery, to the King in his Council, unless the debt, damages, or the sum or value so appealed for, do exceed the sum of £500 sterling, except where the matter in question relates to the taking or demanding any duty payable to the King, or to any fee of office, or an annual rent, as above mentioned.
  • 4th. That such appeal to His Majesty or his Privy Council, be made within fourteen days after judgment or sentence is pronounced by the Governor, in the Court of Chancery ; and that the appellant or plaintiff in error, do give good security, that he will effectually prosecute his appeal or writ of error, and answer the condemnation money ; and also pay such costs and damages as shall be awarded by his Majesty, in case the sentence of the Governor in Council, or decree of the Court of Chancery, be affirmed. There is no appeal allowed in criminal causes.

Supreme Court

The Supreme Court is invested with the powers of the King’s Bench, Common Pleas, and Exchequer. It is composed of a Chief Justice, three Assistants and a Circuit Associate. The Chief Justice receives from the English Government an annual salary oi £800 sterling, in addition to which he receives fees to a large amount. The assistants are paid by the Province, and are entitled, under a permanent act, to £600 a year, and a guinea a day additional, when travelling. This Court has a jurisdiction extending over the whole Province, including Cape Breton, in all matters criminal and civil; but cannot try any actions for the collection of debts, when the whole amount of dealings do not exceed five pounds, except on appeal, or when the parties reside in different counties. It sets four times a year at Halifax, and has two Circuits on the eastern and western districts —one at Cape Breton, and one on the south shore. The venerable Chief Justice, Hon. S.S. Blowers, has presided in this Court since the year 1798—the patient investigation which he gives every cause that is tried before him—the firmness, yet moderation of temper which he exhibits—the impartiality, integrity and profound legal knowledge, with which he dignifies the bench, have rendered him an object of affection, not only to the gentlemen of the bar, but to the public at large. Etiam contra quos statuit, tequos placates que dimisit.


The law regulating the admission of the Attorneys has been allowed to expire, and it is now governed by rule of Court. It is required, that every person applying for admission, shall have been duly articled as a clerk, to an Attorney of the Supreme Court, for the period of five years preceding such application; except graduates of King’s College, Windsor, who are eligible to admission at the expiration of four years. There is also a farther distinction made in favor of the College. The graduate signs the roll as an Attorney and Barrister at the same time, while the other student is required to practice as an Attorney for the space of one year, before he is entitled to the privileges of a Barrister. The conduct and discipline of the bar is regulated by an Institution, established in 1825, under the patronage of his Excellency Sir James Kempt, and denominated the Bar Society. It consists of the Judges of the Supreme Court and Common Pleas, the Crown Officers, and other members of the profession.

The legal acquirements of the Bench and Bar are highly respectable, but the decisions of the Court are not easily known for want of reports. There are a great variety of questions constantly arising upon our Provincial Statutes, which, from the novelty of the circumstances under which they were framed, are peculiar to the Country, and correct reports of these cases are alike important to the Judges, the Lawyers, and the public. Such a system would tend to produce an uniformity of decision, to check litigation, and to foster a laudable ambition in the Court, to administer law upon such principles of argument and construction, as may furnish rules which shall govern in all similar or analogous cases. At an early period of the Constitution of England, the reasons of a judgment were set forth in the record, but that practice has long been disused.

According to the modern practice, the greater number of important questions agitated in the Courts of Law come before them on motions for new trial; cases reserved on summary applications of different sorts. In neither of these cases does the record furnish the evidence, either of the facts, or the arguments of the Counsel and the Court, for which there is no other depositor} than reports, on the fidelity of which a great part of the Law almost entirely depends. The most ancient compilations of this sort are the year books, the works of persons appointed for that purpose. The special office of Reporter was discontinued so long ago as the reign of Henry VIII. and although, in the reign of James I., Lord Chancellor Bacon procured its revival, it was soon dropped again,and the proceedings of Westminster Hall, from that time till now, would have been lost in oblivion; had it not been for the voluntary industry of succeeding Reporters. As the demand for books of reports in the Province, would be chiefly confined to the Gentlemen of the profession, the sale of them would not only afford no remuneration for the labour of preparing them for the press, but would not even defray the expense of publication, which most unquestionably deserves to be borne by the public purse. It is hoped that the time is not far distant, when this subject will receive the attention of the Legislature, and that means will be found to remedy the evil so universally felt in the Province.

Inferior Courts Of Common Pleas

There is no separate Court of Common Pleas for the Province, but there are Courts in each County, bearing the same appellation, and resembling it in many of its powers. These Courts, when first constituted, had power to issue both mesne and final process to any part of the Province; and had a concurrent jurisdiction with the Supreme Court in all civil causes. They were held in the several counties by Magistrates, or such other persons as were deemed best qualified to fill the situation of Judges; but there was no salary attached to the office, and fees, similar in their nature, but smaller in amount than those received by the Judges of the Supreme Court, were the only remuneration given them for their trouble.

As the King’s Bench was rising in reputation, from the ability and learning of its Judges, these Courts fell into disuse, and few causes of difficulty or importance were tried in them. It was even found necessary to limit their jurisdiction, and they were restrained from issuing mesne process out of the county in which they sat. The exigencies of the county requiring them to be put into a more efficient state, a law was passed in 1824, for dividing the Province into three Districts or Circuits, and the Governor empowered to appoint unprofessional man to each Circuit, as first Justice of the several Courts of Common Pleas within the District, and also President of the Courts of Sessions. The salary provided for their appointments was £450, inclusive of travelling and other fees, while the fees previously held by the former Judges, were made payable to them as long as they continued in office. The process and course of practice is the same in the Courts of King’s Bench and Common Pleas, and the jurisdiction of both limited to five pounds. All original process is issued by the Court of common law itself, and tested in the name of the Chief Justice; and the Chancellor issues no writ whatever, whereon to found the proceeding of these Courts.

Few real actions are in use in the Colony, except actions of Dower and Partition, as all titles to land are tried either by ejectment, trespass, or replevin. The writs of mesne process are of three kinds. A summons, or order to appear and defend suit, a capias by which the Sheriffis ordered to arrest the debtor, and on which bail may be put in, as in England, and an attachment, which is a mened writ, and both summonses the party,and attaches as much property as, by appraisement, will amount to the sum sworn to. Perishable property, thus attached, if not bailed or security given for its forth-coming after judgement is immediately sold. The operation of this writ has of late been restrained to the recovery of debts existing prior to the year 1821, and to securing the effects of absent or absconding debtors. After judgment an execution is issued, which, combining the four English writs of final process, directs the Sheriff to levy the amount thereof on the goods and chattles, lands and tenements of the defendant, and in default thereof to commit him to prison.

Court Of General Sessions

This Court is similar in its constitution, powers and practice, to the Courts of Quarter Sessions in England.

Justices Court

The collection of small debts is a subject every¬ where fraught with difficulties; and various modes have been adopted at different times, with a view to combine correctness of decision in the Judge, with a diminution of the expense of collection. At present any two Magistrates are authorised to hold a Court for the trial of all actions of debt, where the whole amount of dealings is not less than three, and does not exceed five pounds. All sums under three pounds may be collected by suit before a single Justice. From the decision of these Courts, an appeal lies to the Supreme and Inferior Courts of Common Pleas.

Hitherto local influence, and the intrigues of elections, have had great weight in too many of the recommendations which have been made to the Executive, for the appointment of Justices of the Peace; and the patronage, and the little emoluments of the office, which the collection of small debts has encreased, have occasioned the commission to be eagerly sought after; and to use the words of Lord Bacon—“There are many who account it an honor to be burdened with the office of Justice of the Peace.” The proceedings in these Courts are summary, and when judgment is given, an execution issues to a constable to levy the debt and costs, in the same manner as the Sheriff proceeds on a similar writ, from the higher Courts. Whether the evils incidental to these Courts are unavoidable, or whether a better system could not be devised, is a subject well worthy of serious consideration.

Probate Courts

The Governor, in his capacity of ordinary, formerly delegated his power to the Surrogate General, who resided at Halifax, and whose jurisdiction extended over the whole Province. Since that period, Surrogates have been appointed in the several counties, and the law requires probate to be granted in the county where the testator last dwelt. There is no Provincial system of law regulating these Probate Courts, and the Judges are left to find their way by the feeble light of analogy to the Ecclesiastical Courts of England. This, perhaps, will account for the irregularity and confusion prevailing in those districts where Lawyers do not preside in these Courts. There is no branch of the jurisprudence of the country which requires revision so much as this department. The statute of distribution, of Nova Scotia, directs the estate of an intestate to be divided in the following manner:

—One third, after the payment of debts, is allotted to the widow, both of personal and real estate, the former absolutely, the latter during her life. Of the other two thirds, two shares are given to the eldest son, and the residue equally distributed between the remaining children, or such as legally represent them. If the real estate cannot be divided without great injury, the Judge of Probate is required, upon evidence thereof, to order it to be appraised, and to offer it at such appraised value to the sons of the intestate successively, who have preference according to seniority. If either of the sons take the estate at the price offered, he is bound to pay, in a given time, the proportionable shares of the purchase money to the other heirs.

— After the widow’s death, her dower in land is divided in like manner. If there be no child, the widow is entitled to a moiety of the personal estate, and a life interest in one third of the real estate ; and if there be neither wife nor child, the whole is distributed among the next of kin to the intestate, in equal degree, and their legal representatives ; but representatives among collaterals, after the children of brothers and sisters, are not admitted. Where the estate is insolvent, an equal distribution takes place among the creditors, with the exception of the King, who takes precedence of all other mortgages, and those who have obtained judgment against the debtor in his life time.

The act of distribution was founded upon that in Massachusetts, and the reason given for deviating from the course of descent in England, and assigning only two shares of the real estate to the eldest son, is, that in a new country, the improvements necessary to be made upon land, and the expence of subduing the soil, constantly absorb the whole of the personal property ; and that if the real estate were inherited by the eldest, there would be nothing left to provide for the younger children. And it is on this ground that such an essential alteration in the Law of England has been approved of by the King in Council.

Sheriff And Prothonotary

The Sheriffs of the different Counties are appointed annually by the Governor, from a list made by the Chief Justice, proposing three persons for each county for his choice. This office being lucrative is always solicited, and the Sheriff is invariably continued from year to year, so long as he discharges the duties of his situation with diligence and fidelity.

—The offices of Prothonotory and clerk of the Court, are patent appointments held by the same officer. The person now holding them, notwithstanding the law on the subject of non residence, has lived for many years in England. He has a deputy in each county, who acts as clerk of the Supreme Court and Common Pleas.

Court Of Vice Admiralty

In the year 1801 his Majesty directed the Lords Commissioners of the Admiralty to revoke the prize Commissions, which had been granted to the Vice Admiralty Courts in the West Indies, and in the Colonies upon the American continent, except Jamaica and Martinique. An act of Parliament was then passed, 41. Geo. 3. c. 96. by which each and every of the Vice-Admiralty Courts, established in any two of the Islands in the West Indies and at Halifax, were empowered to issue their process to any other of his Majesty’s Colonies or Territories in the West Indies or America, including therein the Bahama and Bermuda Islands, as if the Court were established in the Island, Colony or Territory, within which its Junctions were to be exercised.

His Majesty was also authorised to fix salaries for Judges, not exceeding the sum of two thousand pounds per annum for each Judge, and it was enacted that the profits and emoluments of the said Judges should in no case exceed two thousand pounds each and every year, over and above the salary. Sir Alexander Croke, L.L.D. then an advocate of the Civil Law, had the first appointment upon this new establishment at Halifax, and presided in it from that period until the termination of the American War. He had not only distinguished himself as an advocate in Doctors Commons, but his vindication of the belligerent rights of Great Britain, in his celebrated answer to Schlegel, and his introduction to the case of Horner and Lydiard, brought his talents into that notice which added a value to his judicial decisions. The causes decided in that Court have been collected, and very ably reported, by the Hon. James Stewart. As the emoluments of the office terminated with the war, the duties of the situation are performed temporally by the Chief Justice. The Court of Vice Admiralty exercises three sorts of jurisdictions.

  • 1st. it is the proper Court for deciding all maritime causes.
  • 2d. it is the Court for the trial of prizes taken in time of war, between Great Britain and any other state, to deter¬ mine whether they be lawful prizes or not.
  • 3d. it exercises a concurrent jurisdiction with the Courts of Record in the cases of forfeiture and penalties,incurred by the breach of any act of Parliament, relating to the trade and revenue of the Colony.

The King’s Privy Council constitute a court of appeal, to which body, by 22 . Geo. 2 . c. 3. the Judges of the Court of Westminster Hall were added, with a proviso that no Judgment should be valid unless a majority of the Commissioners present were actually Privy Counsellors. In matters relating to the trade and revenues of the Colony, if the sum in question does not exceed £500 sterling, the party aggrieved must first prefer a petition to his Majesty, for leave to appeal from the judgment of this Court.

Court For The Trial Of Piracies

There is a Court of a peculiar construction established in the Colonies, for the trial of piracies. Formerly pirates were tried in England by the Court of Admiralty, which proceeded without Jury, but as the exercise of such an authority was not only repugnant to the feelings of Englishmen, but to the genius of the Laws of the country, a statute was passed in 28 Henry VIII. which enacted that all piracies, felonies and robberies, committed on the high seas, should be tried by Commissioners, to be nominated by the Lord Chancellor; the indictment being first found by a Grand Jury, and afterwards tried by a Petit Jury, and that the proceedings should be according to the Common Law.

Under this Law piracies have continued to be tried in England, but as the provisions of that statute did not extend to the Colonies, it became necessary, when offenders were apprehended in the Plantations, to send them to England, to take their trial. To remedy so great an inconvenience, the statute of William III. was passed, which enacts that all piracies, felonies and robberies,committed on the high seas, may be tried in any of the Colonies by Commissioners, to be appointed by the King’s Commission, directed to any of the Admirals, &c. and such persons, by name, for the time being, as his Majesty shall think fit; who shall have power jointly and severally to call a Court of Admiralty, which shall consist of seven persons at least, and shall proceed to the trial of said offenders.

The statute of Henry VIII. was also extended to the Colonies by the 4 Geo. I. c. 11. The mode hitherto adopted in the Colonies is, to collect the Court under the 11 and 12 of William III. and to proceed to the trial of the prisoners without the intervention of a Jury. But this practice seems very questionable; wherever, by any constitution of Law, a man may enjoy the privilege of trial by Jury, great care should be taken that he be not deprived of it. To obviate these difficulties, it has been thought that a Commission might issue under 11 and 12 of William III. and the proceedings be regulated by the statute of 2S Henry VIII.

When this Court assembled but once in several years, its extraordinary jurisdiction was in some measure excused by the rare exercise of its powers; but when it meets so often as it has of late years in the West Indies, it affords a just ground of Legislative interference. Having treated of the several Courts, it will now be necessary to make a few observations upon the Laws of the country.

Laws of Nova Scotia

The Law of the Province is divisible into three parts. Is. the Common Law of England. 2d. the Statute Law of England. 3d. the Statute Law of Nova-Scotia. A minute consideration of each would be foreign from the design of this work, but the subject is too interesting to be altogether passed over. I shall therefore show in what manner the two first were introduced, the extent to which they apply, and the alteration made in them by the Local Statute Law.


Upon the first settlement of this country, as there was no established system of jurisprudence, until a local one was legally constituted, the emigrants naturally continued subject and entitled to the benefit of all such Laws of the parent country, as were applicable to their new situation. As their allegiance continued, and travelled along with them according to those Laws, their co-relative right of protection necessarily accompanied them.


The common law, composed of long established customs, originating beyond what is technically called the memory of man, gradually crept into use as occasion and necessity dictated. The Statute Law, consisting of acts, regularly made and enacted by constituted authority, has increased as the nation has become more refined, and its relationship more intricate. As both these laws grew up with the local circumstances of the times, so it cannot be supposed that either of them, in every respect, ought to be in force in a new settled country ; because crimes that are the occasion of penalties, especially those arising out of political, instead of natural and moral relationship, are not equally crimes in every situation.

Of the two, the common law is much more likely to apply to an infant colony, because it is coeval with the earliest periods of the English history, and is mainly grounded on general moral principles, which are very similar in every situation and in every country. The common law of England, including those statutes which are in affirmance of it, contains all the fundamental principles of the British constitution, and is calculated to secure the most essential rights and liberties of the subject. It has therefore been considered by the highest jurisdictions in the parent country, and by the legislatures of every colony, to be the prevailing law in all cases not expressly altered by statute, or by an old local usage of the colonists, similarly situated; for there is a colonial common Law, common to a number of colonies, as there is a customary common Law, common to all the Realm of England.

With such exceptions, not only the civil but the penal part of it, as well as the rules of administering justice and expounding Laws, have been considered as binding in Nova-Scotia. In many instances, to avoid question, colonial statutes and rules of court have been made, expressly adopting them. Since the artificial refinements and distinctions incidental to the property of the mother country, the laws of police and revenue, such especially as are enforced by penalty, the modes of maintenance for the clergy, the Jurisdiction of the spiritual Courts, and a multitude of other provisions, are neither necessary nor convenient for such a colony, and therefore are not in force here.

The rule laid down by Blackstone is, that all Acts of Parliament, made in affirmance or amendment of the common law, and such as expressly include the colonies by name, are obligatory in this country. On the first part of this proposition there can be no difficulty, except as to determining whether a particular statute is in fact in amendment and affirmance of the common law or not, and whether any particular act of Parliament is applicable or not to the state of the Colony. The power of making this decision, a power little short of legislation, is and must be left with the Judges of our Local Courts, and on referring to the manner in which it has been exercised, there is little danger to be apprehended that an improper use will be made of it. Hence it is that the rights of the subject, as declared in the petition of rights, the limitation of the prerogative by the act for abolishing the Star Chamber, and regulating the Privy Council, the Habaes Corpus act and the Bill of rights, extend to the Colonies. In the same manner do all statutes respecting the general relation between the crown and the subject, such as the Laws relative to the succession, to treason, &e. extend throughout the Realm.

—The difference between the local and general laws, or clauses of a law, may be illustrated by 13 and 14 of Charles II. c. 2. By that act the supreme military power is vested in the King without limitation ; this part of the act extends to all the Colonies, but the enacting clause respecting the militia officers applies to England alone. The other part of the proposition of Blackstone, that act; of Parliament are binding upon such Colonies as are expressly named therein, is not expressed with his usual accuracy, and must be understood with some very material exceptions. It is true that Parliament has declared, by act 6. Geo. III. c. 12, that it has the power to make laws and statutes of sufficient validity to bind the Colonies in all cases whatever. But it is plain, if it had not the power before, it is impossible the mere declaration could invest it with it.

I have already observed that the true line is, that Parliament is supreme in all external, and the Colonial Assemblies in all internal legislation ; and that the Colonies have a right to be governed, within their own jurisdiction, by their own laws, made by their own internal will. But if the Colonies exceed their peculiar limits, form other alliances, or refuse obediance to the general laws for the regulation of Commerce or external Government, in these cases there must necessarily be a coercive power lodged somewhere : and cannot be lodged more safely for the Empire at large than in Parliament, which has an undoubted right to exercise it in such cases of necessity. It is in this manner the passage alluded to, in the commentaries, must be understood, which states those laws to be binding on the Colonies that include them by express words, and the English act of Parliament is generally received in the same sense.

The system of jurisprudence is, from these circumstances, very similar in both countries; and as it is a fundamental principle in all the Colonies not to enact laws repugnant to those of England, the deviation is less than might be supposed. The statute of distribution has been already alluded to and explained, and it may be added that, as respects wills, the same formality in execution, and the same rules of construction, as prevail in the parent state, are adopted here. For other peculiarities the reader is referred to various parts of this work, where they are incidentally mentioned.”

A note at the end of Volume II on behalf of publisher Joseph Howe.

Haliburton, Thomas Chandler. “An historical and statistical account of Nova-Scotia : in two volumes” Halifax [N.S.] : J. Howe, 1829. Volume I: https://archive.org/details/historicalstatis01hali/mode/2up, Volume II: https://archive.org/details/McGillLibrary-rbsc_lc_historical-nova-scotia_lande00400-v2-16708/mode/2up

Epitome of the laws of Nova Scotia (Volume 1-4)

Untitled-12-2

“Above 70 years’ legislation has accumulated a mass of provincial enactments (contained in 3 large quarto volumes, down to 1826.) Since 1826, very many acts have passed. Much inconvenience has been felt in referring to them, as it requires intimate acquaintance with their contents, to enable any one to distinguish those directly or virtually repealed, from such as remain in force.

This difficulty has been experienced by professional men as well as others, although the small Index published by Chief Justice Marshall afforded some remedy. The variety of instances in which our Provincial acts and usages have altered the laws of England, and the uncertainty as to what English acts are or are not in force here, suggested to the writer the usefulness of such a work in humble imitation of the Commentaries of Blackstone, retaining such English law as we have adopted, and adding under each head or chapter the substance of provincial enactments that belonged to it.

(Under an impression of an analogous kind, an edition of Blackstone, with notes showing the changes of law in the United States, has been there published).

The author has been favored with a reading of the Commentaries of Mr. Kent on American law, and has found them of much service, in preparing this work. The materials from which he has produced this Epitome were so scattered and disjointed, that few can appreciate the fatigue attending it. He has had his constant view, to give the substance of all the provincial statute laws in the plainest terms, freed from the technical language in which they were written, and to refer page by page and section by section – so that the original act could always be easily found when necessary.

He hopes in 4 or 5 small volumes to comprize the whole body of the provincial statutes on every subject, arranging them in a rational order, and connecting them in every chapter, with such English law as is in force here or necessary to be noticed. This first volume being chiefly statutes, has been less laborious in composition, but more so in revising and preparing for the press, than any other portion of the work.

The writer has to request his readers to bear in mind, that the duties of a laborious profession have not allowed him to dedicate as much time and attention to this undertaking, as its importance deserved. He trusts it will be found useful notwithstanding, and he will publish the remaining volumes as rapidly as they can go through the press, having the manuscript of all nearly finished. He hopes at some future period, if the work in its present state is acceptable to the subscribers, to publish a more valuable and enlarged edition.

He begs leave to return his thanks to the gentleman at the bar, the magistrates – the agents for the work, and to his subscribers in general, for their kind approbation and encouragement; which have stimulated him to preserve in his endeavors, and to several of his friends, for their liberality in the loan of law works required.

The employment and improvement of mind, and the interest he has felt during these three years in this pursuit, are in themselves no small reward for his labor, and if its usefulness will bear any proportion to the exertion bestowed upon it, he will have no cause to regret the occupation of so many solitary hours. Halifax, April 2, 1832.”


“A half hours inspection of a large law library is almost enough to deter any young person from embracing such a profession; and even the nerves of those who have been inured to poring over black letter, and law-French, and, worse than that, law-Latin, will sometimes twitch with involuntary shrinking from the barbarous aspect of these Sibylline leaves. The motley and tasteless jargon, the obsolete dialect, the antiquated questions and rules, the contradictions of early Gothic type, and the moldering dust, that unite in presenting impediments to the enquirer, seem to throw an impenetrable veil over the original features of our jurisprudence.”

“Course recommended to students in Nova Scotia

Part 1

  1. Blackstone’s Commentaries
  2. Selwyn’s Nisi Prius
  3. Phillips on Evidence (A Compendium of the Law of Evidence,  Thomas Peake, Josiah Randall)
  4. Tidd’s Practice

Part 2

  1. Newland’s Chancery Practice (1st Volume)
  2. Maddox on Chancery (1st vol. & a few chapters of the 2nd.)
  3. Jones on Bailments
  4. Toller on Executors
  5. Adams on Ejectment
  6. Comyn’s Landlord and Tenant

Part 3

  1. Doctor and Student
  2. Coke on Littleton (part of it only)
  3. Saunder’s Reports
  4. Roberts on Wills
  5. Sugden on Vendors

Part 4

  1. Comyn on Contracts
  2. Roberts on Frauds
  3. Holt on Shipping
  4. Leach’s Crown Law
  5. Archbold’s Criminal Pleading and Evidence
  6. Holt’s Law of Libel

Part 5

  1. Brown’s Civil and Admiralty Law

This list includes about 33 volumes. Some of them merit the closest study… I would recommend a 2d and a 3d reading of Blackstone’s Commentaries, at intervals of one or two years, -the first time referring to a law dictionary when necessary, -the second time referring to, and reading the chief acts of the province, as they bear upon the subjects in the Commentaries, -the third time reading the leading cases referred to… The order in which I have placed the books in this list is, such as I should be inclined to recommend generally to our students in Nova Scotia.”


“The seat of government was transferred to Halifax in 1749, where it continued to be administered by a governor, lieutenant governor, and council. The laws, from this period, were chiefly such as were in force in the neighboring English colonies, and a general court and other institutions were copied from theirs. In 1758, his Majesty transmitted instructions directing the Governor to call together the representatives of the people in general assembly, after the manner of the older English settlements. Counties and townships were then erected, to which others have since been added and the freeholders in this province have ever since exercised, without interruption, the right then conferred, of choosing from their own number the persons to whom they were willing to confide the protection of their political interests.”

“The settled parts of the province and those where settlements were attempted, have been further divided into townships, some as large as smaller counties, and many more of smaller dimensions; and it is probable that this mode of division will be extended over the whole surface of the country. as it is a favorite manner of allotment in North America and is very useful as a guide to the arrangement of representation, the local assessments and a variety of other purposes.

As to ecclesiastical divisions, the province is the chief establishment of an episcopate, which bears its name, and includes the whole of ancient Nova Scotia, together with Newfoundland and the Bahamas. It is not yet subdivided into parishes, except in a few instances, though the missions of the clergy are fixed permanently in the different settlements.”

“The sovereignty, as well legislative as executive, over this colony, may be properly considered as residing in the crown from 1713, the date when the province became British, until a constitutional form of government was erected in 1758. His majesty’s instructions to the governors, his proclamations, commissions, and other acts of government, during this period had therefore a legislative authority, and on them our present constitution is grounded, as well as on the general principles of British law and liberty considered the birthright of free people…

The next source of our provincial law is to be sought in those portions of the common law and statute law of England, as have been adopted into our own code by provincial usage, enactment or decision.

The acts of our own general assemblies are a third source of provincial law.

The rules of practice and decisions of our provincial courts, constitute a fourth source of law.

British acts of parliament for the regulation of commerce in the colonies form a fifth source of our colonial law”

“While it seems doubtful whether any English laws (except those in which the colonies are expressly named) have any validity here, until they have been adopted into our local jurisprudence by distinct legislation or general recognition and usage; yet, what are generally esteemed the most valuable portions of British law, have been transplanted in our land — the Habeas corpus — the freedom of the press — the trial by jury — the representative branch of legislature, — the viva voce examination of witnesses; in fine all those branches of public law which have drawn the eulogium of the wisest and the best of men upon the British constitution, we possess. While we are freed from many that have formed the subject of constant objection in the mother country. Thus our law, by dividing the inheritance among all the children of an intestate, and by abolishing most of the unnecessary and artificial distinctions between real and personal property, has relieved us from unjust rules of primogeniture and from much subtlety of legal definition.

The Game Laws, the Tithe system, and much of the expensive and unnecessary variety of courts are unknown among us, and the comparative simplicity of our legal forms, in conveyancing and in law suits, would astonish an English practitioner: while the cheapness of law proceedings in general (though there are some exceptions) would be equally wonderful in his eyes. The Poor laws in Nova Scotia are simple and unproductive of litigation, answering every end of benevolence without burdening the country. Stamp duties are not in existence, and the titles of land have from our earliest settlement been rendered infinitely more secure than in England by a general and simple act of registry. Marriage is not shackled by arbitrary legislation. The penal law is perspicuous and mild, and indeed I may refer to every chapter of the book to shew, that having an opportunity of establishing a Provincial Code with the benefit of the experience and philosophy of older countries, our forefathers have not failed in their duty; but have transmitted to us a system simple and concise, founded on the best principles, they have left little to their successors beyond the duty of preserving, polishing and throwing light upon, the useful result of their labors.”

“Personal liberty has been secured by a multitude of provisions, in the common law and statutes of the mother country, all of which that go to establish the freedom of the people, from magna charta down to the period of colonization in 1749, may be considered in full force in Nova Scotia, and have been constantly recognized as law by the colonial judges… although many British statutes have been reenacted by the Provincial legislature ex abundanti cautela [out of an abundance of caution]; — they have not considered it necessary or judicious to reenact any of those which establish public liberty considering the national faith and royal authority pledged to the first settlers, to have confirmed them in the indisputable possession of that portion of the laws of England. By the great charter it was enacted that no freeman should be imprisoned in an arbitrary manner; and by the petition of right 3 Car. I -and the habeas corpus acts of 16 Car. I, c. 10, and 31 Car. II. c. 2, a speedy and efficacious method of obtaining liberation and redress for any unjust and illegal imprisonment is given. – and by 1 Wm. & M. st. 2. c. 2. it is directed, that excessive bail shall not be demanded where the imprisonment may be legal.

It is considered part of a man’s liberty, that he shall not be compelled to leave his native country, nor be forced to quit his residence in any part of it. It is equally essential to liberty, that he should not be hindered from traveling abroad, whenever his interest or inclinations lead him to do so.”

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

Debate on resolutions relative to repeal of the “British North America Act” in the House of Assembly of Nova Scotia; session 1868

In the house of assembly on February 5th, Hon. Mr. Wilkins, Attorney General, put forward resolutions regarding confederation:

He argued that the members elected in 1862 lacked the authority to alter the colonial constitution without public consent. The resolution preceding the enactment of the British North America Act only authorized delegates to negotiate union, but it did not empower them to arrange a Federal union without including Newfoundland and Prince Edward Island. The delegates failed to ensure just provision for the rights and interests of Nova Scotia and disregarded them in the scheme proposed.

Furthermore, any fundamental change to the constitution should be sanctioned by the people through a statute of the Legislature. Confederation was never submitted to the people of Nova Scotia for approval before the British North America Act took effect, rendering its preamble regarding Nova Scotia’s desire for confederation untrue. The people’s discontent with the enforced provisions of the Act was evident in the subsequent election. It was thought that the attempt to force the Quebec scheme upon Nova Scotia against its will could lead to disastrous consequences. The people of Nova Scotia remained loyal to the Queen and her Empire but sought to revoke the Proclamation and repeal the British North America Act as it pertained to their province.


“Hon. Mr. Wilkins, Attorney General, moved the following resolutions on the subject of confederation, in the house of assembly, on the 5th of February:

  • That the members of the Legislative assembly of this Province, elected in 1862 simply to legislate under the colonial constitution, had no authority to make or consent to any material change of such constitution, without first submitting the same to the people at the polls
  • That the resolution of the 10th of April, which preceded the enactment of the British North America Act is as follows

  • Whereas it is the opinion of this house it is desirable that a Confederation of the British North America Provinces should take place
  • Resolved therefore that his excellency the Lieutenant Governor be authorized to appoint delegates to arrange with the imperial government a scheme of union which will effectually ensure just provision for the rights and interest of this province, each province to have an equal voice in such delegation, Upper and Lower Canada being for this purpose considered as separate provinces
  • This was the only authority possessed by the delegates who procured the enactment of the “act for the Union of Canada, Nova Scotia and New Brunswick”
  • That even if the House of Assembly had the constitutional power to authorize such delegation, which is by no means admitted, the foregoing resolution did not empower the delegates to arrange a Federal union of Canada, Nova Scotia and New Brunswick without including in such Confederation the colonies of Newfoundland and Prince Edward Island.

  • That no delegates from the last two named colonies having attended, and an unequal number from each of the others being present, the delegation was not legally constituted, and had no authority to act under the said resolution, which expressly required each of the colonies to be represented by an equal number of delegates.
  • That the delegates did not ‘ensure just provision for the rights and interests of this Province’, as they were by express terms of such resolution bound to do in arranging a scheme of Union, but on the contrary they entirely disregarded those rights and interests, and the scheme by them consented to would if finally confirmed, deprive the people of this Province of their rights, liberty, and independence, rob them of their revenues, take from them the regulation of their trade, commerce and taxes, the management of their railroads and other public property, expose them to arbitrary and excessive taxation by a legislature over which they can have no adequate control, and reduce this free, happy and self-governed province to a degraded condition of a dependency of Canada.

  • That no fundamental or material change of the constitution of this province can be made in any other constitutional manner than by a statute of the Legislature, sanctioned by the people, after the subject matter of the same has been referred to them at the polls, the legislature of a colonial dependency having no power or authority implied from their relation to the people as their legislative representatives to over throw the constitution under which they were elected and appointed.

  • That the scheme of confederating Canada, New Brunswick, and Nova Scotia was never submitted to the people of this province at the polls before the 18th day of September last, upwards of two and a half months after the British North America Act was, by the Queen’s proclamation, declared to be in force, when the people were thereby informed that they have been subjected without their consent to the absolute dominion of more populous and more powerful colonies and had lost their liberty.

  • That there being no statute of the Provincial legislature confirming or ratifying the British North America Act, and the same never having been consented to, or authorized by the people at the polls, nor the consent of this province in any other manner presented, the preamble of this act reciting that the province had expressed a desire to be confederated with Canada and New Brunswick is untrue, and when the Queen and the Imperial legislature had expressed such a desire a fraud and imposition were practiced upon them.

  • That the truth of the preamble of the British North America Act, reciting the desire of Nova Scotia to be confederated is essential to the constitutionality of the Statute, and if the same is false the statute is defective, because a statute cannot be rendered constitutional by assuming as true the condition which is indispensable to its constitutionality.

  • That from the time the scheme of Confederation was first devised in Canada until it was committed by the Imperial Act in London, it was systematically kept from the consideration of the people of Nova Scotia at the polls, and the Executive Council, in defiance of petitions signed by many thousands of the electors of this province, persistently and perseveringly presented the same from being presented to the people.

  • That at the recent election the question of Confederation exclusively occupied the attention of the people who were then for the first time enabled to express their will on a subject of the most vital importance to their happiness, and the result has proved that this province does not desire to be annexed to Canada, and that the people of Nova Scotia repudiate the enforced provisions of the British North America Act, which, for the reasons set forth, in the foregoing resolutions, they believe to be unconstitutional and in no manner binding upon the people of Nova Scotia.

  • That the Quebec scheme which is embodied in the British North America Act, imprudently attempted to be forced on the people of Nova Scotia, not only without their consent, but against their will, has already created the widespread irritation and discontent, and unless the same be withdrawn will, we fear, be attended with the most disastrous consequences, as the loyal people of this Province are fully conscious of their rights as British subjects, set an inestimable value upon their free institutions, and will not willingly consent to the invasion of those rights or to be subjected to the dominion of any other power than that of their lawful and beloved Queen.

  • That the colonies were politically allied to each other by their common allegiance to the Queen and her Empire, in a more peaceable and less dangerous connection than under any scheme of Colonial confederation could be devised, even on the fairest, wisest and judicious principles
  • That the people of Nova Scotia do not impute to Her Majesty the Queen and her Government any intentional injustice, as they are well aware that fraud and deception were practiced upon them by those who misrepresented the public sentiment of this country, and who, for reasons we will not venture to describe, desired that confederation might be forced upon this province without the consent and against the will of the people
  • That an humble address be presented to the Queen, embodying the substance of the foregoing resolutions informing her majesty that her loyal people of Nova Scotia do not desire in any manner confederated with Canada, and praying that Her Majesty to revoke her Proclamation, and to cause the British North America Act to be repealed, as far as it regards the province of Nova Scotia.”

Nova Scotia. House of Assembly. “Debate on resolutions relative to repeal of the “British North America Act” in the House of Assembly of Nova Scotia; session 1868 .” [S.l. : s.n., 1868?] https://www.canadiana.ca/view/oocihm.23505

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