Reprinted from the Transactions of the Royal Canadian
Institute, Vol. XIV, Part 1.
UNIVERSITY OF TORONTO PRESS
|Address by Colonel Alexander Fraser, LL.D.||7|
|Royal Charter of N.S., 1621, to Sir William Alexander|
|Copy of the original Charter, 1621, in Latin||24|
|Translation into English||25|
|Baronets of Nova Scotia||53|
|Frontispiece: Portrait of Sir William Alexander||6|
|Armorial Achievement of Nova Scotia||9|
|Arms of Nova Scotia
Modern Arms of Nova Scotia
|Decoration of Baronets of Nova Scotia||16|
|Maps of the 1621 grant of Nova Scotia to Sir William Alexander||18, 19, 21|
The Charter herein reproduced was copied from David Laing's volume,
published in 1866, by the Bannatyne Club, Edinburgh, and has been
compared with copies which have appeared at various times in other
publications. In checking the original and the translation, the
invaluable assistance of Professor David Duff, M.A., University of
Toronto, was cheerfully given, and I have also to acknowledge with
thanks my indebtedness to the technical staff of the Ontario Department
of Mines for supervision in the preparation of map No. 3, page 21.
TRANSACTIONS OF THE ROYAL CANADIAN INSTITUTE. VOL. XIV, PLATE 1.
Sir William Alexander, Earl of Stirling
By Colonel Alexander Fraser, LL.D.
The study of historical origins rarely lacks in interest. In so far only, as we are able to study the development of a country from its beginning and through the various stages of its growth, can we obtain a true and adequate historic perspective of it. In the Royal Charter granted in 1621 to Sir William Alexander lies the origin of Nova Scotia as a Province, and of its name. On the conditions leading up to this grant, and consequent upon it, as well as on the Charter itself, I have been asked to give you, this evening, a short address.
At the outset a few words are due to the grantee of the Charter, whose name is perpetuated in the threefold character of statesman, colonizer, and man of letters. Only the other day the first volume of a new edition of his poems appeared from the Manchester University Press under the able editorship of Kastner and Charlton. In neither character, however, did he achieve first-rate distinction; nevertheless, time and circumstance combine to preserve his name to the world, while his connection with Canada will be of perennial interest.
William Alexander was born at Menstrie, a small property beautifully situated in the parish of Logie, near the famous Ochil Hills, between four and five miles distant from the historic town of Stirling. The date of his birth is uncertain. It has been placed at 1567, 1580 and more recently at 1570. The family was reputed to be of ancient lineage deriving from the Macdonalds of the Isles through the MacAllisters of Loup, Argyllshire. This is doubted by Laing, and having regard to the tendency in those times to construct fanciful genealogies, the caveat may be justifiable; on the other hand, the careful historians of Clan Donald concede the MacAllister descent. A sentimental interest would thus attach to the early connection of Macdonald blood with Nova Scotia now so largely inhabited by the descendants of the Highland clans. The Alexanders were of the class known as the smaller barons who held their lands of the great crown vassals. Their hereditary patrons were the Earls of Argyll, and William Alexander, having passed through the grammar school of Stirling (Thomas Buchanan, a nephew of the celebrated George Buchanan, being rector), and through either[Pg 8] St. Andrews or Glasgow University (both are mentioned) and Leyden, travelled abroad in France, Spain and Italy with the young Earl of Argyll—afterwards a powerful Scottish noble—who later introduced him to Court. He was appointed tutor to Prince Henry of Scotland, and before long won the personal favour of King James.
Nowhere was the expected death of the eccentric Elizabeth awaited with more interested anxiety than in Scotland in whose ancient royal house lay the succession to the English throne. James, more eccentric than the English Queen and almost equally famous, was feverishly waiting for the news, and when he crossed the border (in 1603), many of his countrymen were in his train, among them the poet-tutor of Prince Henry.
James' accession touched two great eras in British history. The full-orbed splendour of the Elizabethan age was lingering in the west, and the rosy-fingered dawn of the epochal seventeenth century gleamed above its glorified eastern horizon. The genius of Milton and Shakespeare reigned over the republic of letters; the chivalry of Sidney and Raleigh still touched the imagination of fashionable men and women; Drake, Cavendish and Gilbert gave zest and ardour to maritime enterprise; and the wealth of Ormus and of Ind waited on the galleons of the awakening nations; while the skill of the master-artists in political intrigue was exercised under the influence of the dominant Cecil, and was already taking the form of what was to be a binding tradition. Into this current of affairs, in the vigour of mature manhood, Alexander was drawn, with exceptional opportunities of observing and learning. He learned well. His rise in London was rapid. He became a gentleman extraordinary of Prince Henry's private chamber; Master of the Household and received, in 1609, the honour of Knighthood. The Prince died in 1612 and in the year following Alexander was selected to be one of the Gentlemen Ushers of the Presence to Prince Charles, afterwards Charles I., and in 1614 was appointed to the difficult and onerous office of Master of Requests, the duties of which brought him into delicate and close relations with not a few of his influential fellow-countrymen. With some of them he made useful friendships which he turned to account when his most promising opportunity arrived. Meanwhile he retained the goodwill of his sovereign, who appreciated his literary pursuits, collaborated with him in a metrical version of the psalms of David, and reposed in him an implicit confidence.
The great movement of the time was the plantation of overseas colonies. It began in the reign of Elizabeth, who granted to Sir Humphrey Gilbert and Sir Walter Raleigh patents of discovery and colonization resulting in the nominal acquisition of North Carolina and Virginia,[Pg 9] and the new century was ushered in by Gosnold's eventful voyage. Then came the Virginian Charters and the beginning of the rills that with increasing and accumulating flow marked the expansion of England into the great empire over which floats our own flag to-day. These throbbings of ambition stand to the credit of the great Englanders of the seventeenth century, but it is only fair to state that the first Stuart King of England, "the wisest fool in Europe," understood, appreciated and effectively encouraged the commercial and colonizing aspirations of his enterprising subjects, and that without his unfailing interest some of the great opportunities of the time might have been diverted or missed. Before the close of 1620 the patent for New England was issued, and the Mayflower Compact, extending from the 40th to the 48th degree of North latitude and westward from the Atlantic to the Pacific Oceans, was signed and sealed at Cape Cod.
North American savage supporter as depicted by armorial artists. Edinburgh early 17th Century
Alexander's confidential position at court enabled him to become[Pg 10] familiar with, and to form a favourable estimate of, these projects and consequently, when he was consulted by the King as to the removal of the French, who had been dispersed by Captain Argall from Port Royal—within New England territory—he saw the possibilities of the situation, and conceived the idea of founding a Scottish settlement in the new world. Already there were in existence New Spain, New France, New Holland, New England; why not a New Scotland? "Fertile in device and expert in execution, and of an unswerving tenacity of purpose," as he has been described by Charles Rogers, he lost no time to give his idea practical effect. In this resolve he was encouraged by Captain John Mason, Governor of Newfoundland, who had acquired a knowledge of the unsettled and conjested conditions in the islands and on the west coast of Scotland, when associated with Bishop Knox in suppressing lawlessness arising from clan feuds in these parts, and by Ferdinando Gorges, Governor of New Plymouth, who had had experience in colonization, and through whose influence later on the Charter rights of the New England Company over Acadia were surrendered to permit a re-grant of the lands to Alexander. To these circumstances Nova Scotia owes both its origin and its historical connection with Scotland, which has stood, and stands, for so much in the spiritual and material welfare of the Province. While Alexander's scheme was designed primarily to further his own fortune, it does not necessarily follow that he was devoid of patriotic motives, or that he was indifferent to the benefits which ought to acrue to his native land from a flourishing overseas colony. He purposed to provide an outlet for Scottish enterprise for the advantage and the credit of Scotland; hence, the name, "New Scotland." King James viewed Alexander's application with favour. The King had singular and consistent faith in colonizing as a means of increasing the national prosperity; and in so far as it might provide new industries and new opportunities for labour, he believed in its power as a civilizing agency. An interesting event in his Scottish reign, in this latter respect, was his attempt to restore and maintain law and order in the Hebridean Isles. In the year 1598 he granted the forfeited lands of the Lewis, Harris, Dunvegan and Glenelg to an Association of Lowland gentlemen (known popularly as the "Fife Adventurers"), for the purpose of reducing the turbulent clans to obedience to the laws, by furnishing to the people peaceful, industrial employment. The methods of carrying the project into effect rather than the demerit of the conception, may have caused its failure, but the failure of repeated efforts did not weaken James' confidence. The tenacity with which they held to opinions formed in youth by the precept of tutor or by the example of parent was a striking characteristic of the last four Stuart kings. They counted no price too[Pg 11] high, no violation of good faith too base if such would promote and establish the principles they conscientiously entertained and in which they believed, whether pertaining to Church or State. In this, indeed, they were conspicuously true to the Scottish type, whether of the persecuted or the persecuting class; alternately coercing or resisting, as the case for the moment might be.
After his accession to the English crown James found fields in America more promising than those he had essayed in the Hebrides, and therefore, in complying with Sir William Alexander's request, he had the double satisfaction of gratifying a friend and of once more indulging in a favourite policy. The application was made direct to the King, who, in turn, recommended it to the Lord Chancellor and Privy Council of Scotland in terms that left no doubt as to the royal will. The form of the King's letter is in itself an interesting thing. After the formal salutation and greeting it proceeds, in part:—
Having ever been ready to embrace any good occasion whereby the honour or profit of our Kingdom may be advanced, and considering that no kind of conquest can be more easy and innocent than that which proceeds from plantations specially in a country commodious for men to live in, yet remaining altogether desert or at least only inhabited by infidels the conversion of whom to the Christian faith (intended by this means) might tend much to the glory of God—considering how populous our Kingdom (Scotland) is at this present and the necessity that idle people should be employed, preventing worse courses—there are many that might be spared, of minds as resolute and of bodies as able to overcome the difficulties that such adventures must at first encounter—the enterprise doth crave the transportation of nothing but only men, women, cattle, and victuals, and not of money, and may give a good return of a new trade at this time when traffic is so much decayed. Therefore we have the more willingly hearkened to Sir William Alexander who has made choice of lands lying between New England and Newfoundland, both the Governors whereof have encouraged him thereunto.
The King's good faith with respect to his expressed desire to confer a benefit on Scotland need not be questioned, for he was not devoid of a friendly sentiment towards the ancient patrimony of his house; nor need we doubt his sincerity with respect to the Christianizing of the Indians, such being a professed object of territorial expansion at the time. Thus the Charters of 1606 to the Plymouth and Virginian Companies, that of 1609 to the Companies of London, and others, were, in this respect, but following in the line of those granted by the Spanish and French kings. The fact itself is worth noting. Notwithstanding the proved genuineness of Champlain's desire to spread the Gospel, and the sincerity of Columbus' prayers when he took possession, in the name of God, of the lands he had discovered, commercial and political considerations were the main incentive to colonization, and the conversion of the native tribes as placed in the forefront of the royal charters[Pg 12] seems incongruous. The practice may have continued merely as a venerated tradition from the time when the Vatican could effectively intervene in territorial disputes concerning old and new world lands. It was not an anachronism that the Spanish title to the discoveries of Columbus were arbitrated by Pope Alexander VI., and it may be true that the dissolving grandeur of an ancient power still more or less influenced the mind of Europe.
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 much smaller than the original grant to New England, of which it formed but a surrendered part. It included:
The lands and islands within the promontory of Cape Sable, westward to the roadstead of St. Mary, crossing its entrance or mouth of that roadstead to the St. Croix River, following to its remotest source, from that indefinite place, direct north to the St. Lawrence; eastward along the south shore of that river to Cape Gaspé, then south-southeast to the right of the Bacalaos Isles, onward to the mouth of the Gulf at the northernmost point of Cape Breton and from there southward to and including Sable Island, and to the starting point of that Cape.
This territory may be described approximately as the present day Nova Scotia, New Brunswick, part of the State of Maine and part of the Province of Quebec. The Charter provides that the lands so granted:
"Shall in all future time bear the name of New Scotland in America."
"Quaequidem terrae praedictae omni tempore affuturo nomine Novae Scotiae in America gaudebunt," and, may we hope, that in all future time, Nova Scotia it shall be.
The rights conferred by the Charter have been considered powers of an almost regal nature. Large they undoubtedly were, but not inconsistent with contemporary usage. Settlement and occupation involved great risk, not only to invested capital, but to life itself. Enemies were many; competitors sometimes drew the sword; hostile Indians roamed the forests and canoed the rivers, and white man disputed the occupancy and ownership of the soil. The tenure was precarious and subject to the oft-varying fortunes of war. To settle and govern a province, thus conditioned, was no light task and without a large measure of potential authority would have been impossible. Keeping these things in view, we shall not find the powers invested in Sir William Alexander unreasonably exorbitant.
Among the rights conferred were:[Pg 13]
The conveyance of all the natural resources—all the minerals which (except for a tenth royalty on gold and silver) were to be untaxable; woods and forests, without restrictions; fisheries in fresh and salt waters; the spoils of the chase; all with full powers, privileges and jurisdiction of free royalty for ever.
The granting, sub-letting and settling of lands; forming municipalities, with ports of entry, free ports, markets, tollages, anchor dues, customs; to appoint officers for the public service and to make ordinances for the regulation of trade and commerce.
The Administration of Justice—to establish justiciary and Admiralty Courts, to administer criminal and civil laws, as in Scotland, and to represent the Crown in the matter of defence or offence by arms in case of sedition, invasion or rebellion.
The exercise of patronage to church benefices.
The power to coin and regulate money in the interest of a free movement of trade and commerce.
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."
These were the main points of the Charter from a business point of view.
Sir William was appointed Lieutenant-General of the Province and this office was made hereditary. A Common Seal, pertaining to the office of justiciary and Admiralty, was provided for. On one side of it, the Royal Arms were to be engraved with the words on the circle and margin thereof: "Sigillum Regis Scotiae Angliae Franciae et Hyberniae." and on the other side the image of the sovereign with the words: "Pro Novae Scotiae Locum Tenente."
The Province was incorporated in one entire and free barony which was to be called in all future time by the name "New Scotland"—"In unam integram et liberum dominium et baroniam per praedictum nomen Novae Scotiae omni tempore futuro appellandum." Provision was made for Sasine, enfeoffment, for the ratification of the Charter by the Scottish Parliament, and a promise was given of its renewal and enlargement to meet changing conditions. The quit-rent to the Crown was to be an annual payment of one penny of Scottish money on demand. The nature of this condition has been misapprehended by some writers who, in the moiety find evidence of improper alienation of the public domain, overlooking the fact that it was but the nominal superiority fee, having, nor intending to have, any relation to the monetary value, or the public policy involved in the transaction, which were based on entirely different considerations. The real and decidedly onerous condition of the tenure was the settlement by Scottish emigrants of the lands, so granted, in default of which the Charter would lapse. To some of us this principle might appear to be unsound, but it is in accord with the practice on which large business then proceeded, on which, indeed, the foundations of Empire were laid, and, mutatis mutandis, with the practice in our own day except in so far as the principle of public ownership has been applied.
For the purpose of taking possession of his 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.
That Sir William Alexander appreciated the difficulties involved in taking up his patent is evident from the fact that he had in advance sought the help of useful friends in Scotland. Perhaps nowhere could be found a more desirable class of settlers than among the Scottish borderers—a hardy, healthy race, inured to toil, not unfamiliar with the use of weapons of defence, or offence, if need be, and in sufficient numbers to be drawn upon without serious disturbance or loss to existing local industries. His first step, therefore, was to enlist the co-operation of his friend, Sir Robert Gordon of Lochinvar, from whose estates in the Stewarty of Kirkcudbright, it was expected a large number of emigrants might be obtained. To secure Sir Robert's interest Alexander[Pg 15] surrendered the part of his barony, comprising Cape Breton, for which a Crown grant was then given to Sir Robert Gordon and to his second son, Robert, conjointly, with the name "New Galloway." Association with Scotland was sought to be further strengthened by appealing to the national sentiment through the subtle influence of Scottish place-names. The Solway, the Tweed, the Forth and the Clyde, gave their names to New Scotland rivers. The "Province of Alexandria" was personal, but there could be no mistake as to the national character of the "Province of Caledonia" and the barony of "New Galloway." A Presbyterian clergyman and one artizan only joined the party of farm labourers at Kirkcudbright and the vessel left in June, 1622, less than a year after the date of the Charter. The party was detained at the Isle of Man until the month of August, and the promised land was not sighted until about the middle of September, when a storm prevented a landing and the vessel was driven back to Newfoundland, where the passengers wintered. The ship had been meagerly fitted out; money was scarce, and provisions short, so it was necessary to send the vessel back to England for fresh supplies. The clergyman and the artizan died; the labourers scattered to find employment among the fisheries, and the next year, when a ship arrived at St. John with additional settlers the original party could not be assembled. A party of ten was selected to visit New Scotland and to report on the prospects of settlement. The result was encouraging, and they returned to England. Their report, which was published by Sir William with an appeal for emigrants, is now a valuable Canadian historical pamphlet. These two attempts at colonizing practically ruined Sir William financially and the estimated loss of £6,000 sterling was made a public charge on the exchequer, but never was discharged. It was then he bethought himself of the King's success in raising £225,000 by the sale of Ulster Baronetcies (in 1613) to two hundred and five English gentlemen. Might not what succeeded so well in the plantation of the North of Ireland be repeated with comparative success for New Scotland. The Scottish lairds and gentry were a poorer class than the affluent English squires so the price was proportionately reduced, i.e., from £1,100 to £166 (3,000 marks) each, which sums were to be applied to settlement expenses exclusively under the personal check of the subscriber. We are apt to be shocked at this means of raising money, but "tempora mutantur nos et mutamur in illis." There was a time in England when chivalry was rewarded by a lady's smile, and a time when renowned knights drew the sword for the practical purpose of making a living, inconsistent though these two conditions may seem. There was a time also when public honours and dignities were openly appraised and ownership and precedence striven[Pg 16] for; but that was before the veil of delicacy was drawn over the entrance to the Privy Council; and long before the time when a Prime Minister of Canada persuaded himself that He was the royal fountain of honour, and possessed the right to serve out its refreshing draughts with the assistance of the party whip as cup-bearer! Those who study the records of the past at close range learn, whatever may be generally thought to the contrary, how little fundamental change takes place in human nature in the course of long centuries, notwithstanding the change of environment and of manners. No public conscience was shocked by the grants of titles in the reign of James or of his successor, at a set price; the money obtained in this way going to the support of schemes for the public good.
Before the measure became effective James the VIth died. Two months later the first baronets of New Scotland were created. They deserve to be mentioned as the first members of a great social order which has left a deep impression, if not directly on Canadian, at least, on Scottish life. They were: Sir Robert Gordon, son of the Earl of Sutherland; the Earl Marischal (Keith) and Alexander Strachan of[Pg 17] Thornton. On the day following five names were added to the roll: Sir Duncan Campbell of Glenorchy, ancestor of the Marquis of Breadalbane; Robert Innes of Innes, ancestor of the Duke of Roxburgh; Sir John Wemyss of Wemyss, ancestor of the Earl of Wemyss; David Livingston of Dunipace and Sir William Douglas of Glenbervie. No fewer than forty-two peerages are still held by descendants of the original baronets of Nova Scotia, among them names so distinguished as those of the Marquis of Aberdeen, the Earl of Rosebery, the Earl of Minto, Lord Reay, the Duke of Abercorn, Lord Elibank, Earl Curzon of Keddleston, the Marquis of Ailsa, Macdonald of Sleat, the Earls of Cromartie, Caithness, Carnwath, and Mar and Kellie; the Duke of Queensberry, the Earls of Lauderdale and Seafield, the Marquis of Bute, and Lord Ochiltree. Forty-five chiefs of clans or heads of clan cadet families received the honour, among them being: Macdonald, Gordon, Campbell, Murray, Colquhoun, Forbes, MacKay, Stewart, Ogilvie, MacKenzie, Sinclair, Maclean, Munro, Menzies, Ross and Grant; as well as such border families as Maxwell, Douglas, Hume, Blackader, Stewart of Galloway, Riddell, Agnew and Hannay. All parts of Scotland were represented, and Scottish life and character were reflected in the roll of honour. The recipients were not selected favourites; the honour was not merely bestowed, it was besought and as we have seen, paid for. The number of titles was limited to one hundred and fifty, and during the period when colonization settlement was still hoped for (1625-1638), one hundred and thirteen titles were granted. Creations continued afterwards in a more or less desultory manner until 1707, the year of the Union of England and Scotland, when they ceased.
The country was divided into two provinces, each province into several dioceses, each diocese into ten baronies, and each barony into six parishes. Each barony was to be six by four miles in extent, fronting either the sea or a navigable river, and each baronet was to receive a grant of at least sixteen thousand acres. The social precedence was to be next to the youngest sons of Viscounts.
The conditions of settlement have been described as prohibitive. Those early days, it is true, were not the days of departmental regulations revised and improved from year to year in the light of experience, to meet varying conditions, but the terms offered do not seem to suffer by comparison with those of contemporary settlements. Sir Robert Gordon of Lochinvar for his Cape Breton estate formulated these:
The landed gentleman was to hold the soil in fee for ever.
The farmers were to hold their lands by lease.
All were to pay in kind to the Lord proprietor, after a specified time, one-thirteenth of the whole income of the land.
The artisans and craftsmen were favoured by having the rents of their lands, probably only house-lots, free during their lives, but to be subject to rent to their successors.
Reduced facsimile of the Map accompanying Sir William Alexander's pamphlet: "Encouragement to Colonies" 1630.
From Slafter's Prince Society Volume, 1878.
Alexander's intention with respect to the baronetcies was twofold; to make such a geographical distribution of the honours throughout[Pg 19] Scotland as would embrace those rural parts in which, because of an excess in the population, the major portion of the emigrants ought to be available; and, also, to include members of noble families having considerable landed interests and prestige in that kingdom. Both these classes, it was believed, would naturally be best fitted to divert either migration or overplus to the new overseas Scottish colony. Moreover, the fact that the title itself was founded on the Charter of New Scotland, and based territorially thereon, was bound to inure to a permanent and friendly interest in Nova Scotia of which the baronets and their descendants were in effect made hereditary citizens, though not compelled to reside in the country. There was, in addition to this, as a bond, the substantial grants of land given with the title. Had the project succeeded some of the most influential men in Scotland would have an[Pg 20] abiding interest in the prosperity of the country that could scarcely be hoped for in any other way.
Les Limites de la Nouvelle Ecosse suivant la concession fait par Jacques Ier en faveur de Guillaume Alexandre le 10 Septembre, 1621, sont entourées de petits points. French Commissaires.
The baronetcies, however, did not provide the necessary funds, and serious difficulties arose. Charles was as friendly disposed to Alexander as was James, but his rule brought trouble at home and abroad. The treasury was hard pressed. The public mind was becoming unsettled. Entanglements with France affected colonization adversely, and Acadia passed from one sovereignty to another with a frequent and unfailing recurrence, fatal to security of title or investment. In 1631 Charles requested Sir William Alexander, at the instance of the French Court, to remove all the people from Port Royal and deliver it up to the French. This practically meant a breaking up of the colony; for, although Charles held that he had not surrendered England's title to the lands of Acadia, a position not inconsistent with the language of the treaty under which the surrender was made; nevertheless, the King's act brought to an end Alexander's work of actual settlement in Nova Scotia.
He became Secretary of State for Scotland and attained to the peerage by the titles of Earl of Stirling and Dovan, but his great enterprise exhausted his resources and in 1649 he died financially involved.
The possibilities of that enterprise were great, and Sir William Alexander showed uncommon vision, for his day, in evolving a scheme which, under capable, business or commercial control, might have brought to Nova Scotia prosperity equal to that enjoyed in New England. Instead, we have, in his case, an example of a poet, a philosopher, an accomplished officer with dreams of empire revolving in his mind, going beyond his depth in the sea of practical business life. Yet he was a great pioneer with a prophet's faith, a promoter with the promoter's unfailing enthusiasm, a gentleman adventurer with the unbending courage of his ancient race, and a choice spirit which hope deferred was unable to break.
His motives in the undertaking were doubtless of a mixed character, but the following summing up by Alexander himself of the advantages offered by American colonization reveals, it may be supposed, his real sentiments: "The greatest encouragement of all for any true Christian is this, that here is a large way for advancing the Gospel of Jesus Christ, to whom churches may be builded in places where his name was never known; and if saints in heaven rejoice at the conversion of a sinner, what exceeding joy would it be to them to see many thousands of savage people who do now live like brute beasts, converted unto God, and I wish (leaving these dreams of honour and profit which do intoxicate the brains and impoison the mind with transitory pleasure) that this might be our chief end to begin a new life, serving God more sincerely[Pg 21] than before, to whom we may draw near by retiring ourselves further from hence."
Map showing extent of the 1621 Grant of Nova Scotia with modern topography.
His bequest to Nova Scotia was a significant name—a name in which there is much, and a political association from which much has been already derived and from which still more is to follow. When the[Pg 22] time was ripe the potency of both asserted itself, for the old connection was not, and could not be, entirely forgotten. There were those in Scotland who had never accepted the French claims of sovereign or treaty rights in their entirety, and who, with good reason, never forgave the Carolii for their ambiguous surrenders. But the time was not yet propitious. Civil and religious strife, the scaffold of Whitehall, the disastrous Restoration intervened. The results designed by the treaty of Utrecht were necessarily tardy, if not altogether unattained, yet withal, from the acorn planted by Sir William Alexander has grown the wide-spreading, sturdy oak, under whose shadow has been recently celebrated at Annapolis Royal, three hundred years of stirring history. When the time arrived—and, if we consider, the right time rarely fails to arrive—Old Scotland contributed the men and the women for whom New Scotland had so long waited, but, as we now know, in the light of events, had waited not too long; and with them religious, moral and political ideals which could not have been contributed by the Scottish people of Sir William Alexander's generation, but which later were developed, tried and refined in the superheated fiery furnace of persecution and counter persecution, in which prelacy and presbyterianism, in the wonderful but no longer inscrutable designs of divine providence, alike shared, for the now apparent purpose of establishing a strong, virtuous and tolerant populace in this favoured land which they love none the less that its name is Nova Scotia.
CARTA DOMINI WILLELMI ALEXANDRI EQUITIS DOMINII ET BARONIÆ NOVÆ SCOTIÆ IN AMERICA. 10 SEPTEMBRIS 1621. 
Jacobus Dei gratia Magnae Britanniae Franciae et Hiberniae Rex &c.
Fideique Defensor Omnibus probis hominibus totius terrae suae clericis
et laicis salutem. Sciatis nos semper ad quamlibet quae ad decus et
emolumentum regni nostri Scotiae spectaret occasionem amplectendam
fuisse intentos nullamque aut faciliorem aut magis innoxiam
acquisitionem censere quam quae in exteris et incultis regnis ubi vitae
et victui suppetunt commoda novis deducendis coloniis facta sit;
praesertim si vel ipsa regna cultoribus prius vacua vel ab infidelibus
quos ad Christianam converti fidem ad Dei gloriam interest plurimum
insessa fuerunt; sed cum et alia nonnulla regna et haec non ita pridem
nostra Anglia laudabiliter sua nomina novis terris acquisitis et a se
subactis indiderunt quam numerosa et frequens Divino beneficio haec gens
hac tempestate sit nobiscum reputantes quamque honesto aliquo et utili
cultu eam studiose exerceri ne in deteriora ex ignavia et otio
prolabatur expediat plerosque in novam deducendos regionem quam coloniis
compleant operae pretium duximus qui et animi promptitudine et
alacritate corporumque robore et viribus quibuscunque difficultatibus si
qui alii mortalium uspiam se audeant opponere hunc conatum huic regno
maxime idoneum inde arbitramur quod virorum tantummodo et mulierum
jumentorum et frumenti non etiam pecuniae transvectionem postulat neque
incommodam ex ipsius regni mercibus retributionem hoc tempore cum
negotiatio adeo imminuta sit possit reponere hisce de causis sicuti et
propter bonum fidele et gratum dilecti nostri consiliarii Domini
Willelmi Alexandri equitis servitium nobis praestitum et praestandum qui
propriis impensis ex nostratibus primus externam hanc coloniam ducendam
conatus sit diversasque terras infra-designatis limitibus circumscriptas
incolendas expetiverit Nos IGITUR ex regali nostra ad Christianam
religionem propagandam et ad opulentiam prosperitatem pacemque
naturalium nostrorum subditorum dicti regni nostri Scotiae acquirendam
cura sicuti alii principes extranei in talibus casibus hactenus fecerunt
cum avisamento et consensu praedilecti nostri consanguinei et
consiliarii Joannis Comitis de Mar Domini Erskin et Gareoch etc., summi
nostri thesaurarii computorum rotulatoris collectoris ac thesaurarii
novarum nostrarum augmentationum hujus regni nostri Scotiae ac
reliquorum dominorum nostrorum commissionariorum ejusdem regni[Pg 26]
nostri Dedimus concessimus et disposuimus tenoreque praesentis cartae
nostrae damus concedimus et disponimus praefato Domino Willelmo
Alexander haeredibus suis vel assignatis quibuscunque haereditarie omnes
et singulas terras continentis ac insulas situatas et jacentes in
America intra caput seu promontorium communiter Cap de Sable appellatum
jacens prope latitudinem quadraginta trium graduum aut eo circa ab
equinoctiali linea versus septentrionem a quo promontorio versus littus
maris tendentes ad occidentem ad stationem Sanctae Mariae navium vulgo
Sanctmareis Bay er deinceps versus septentrionem per directam lineam
introitum sive ostium magnae illius stationis navium trajicientes quae
excurrit in terrae orientalem plagam inter regiones Suriquorum et
Etecheminorum vulgo Suriquois et Etechemines ad fluvium vulgo nomine
Sanctae Crucis appellatum et ad scaturiginem remotissimam sive fontem ex
occidentali parte ejusdem qui se primum praedicto fluvio immiscet unde
per imaginariam directam lineam quae pergere per terram seu currere
versus septentrionem concipietur ad proximam navium stationem fluvium
vel scaturiginem in magno fluvio de Canada sese exonerantem et ab eo
pergendo versus orientem per maris oras littorales ejusdem fluvii de
Canada ad fluvium stationem navium portum aut littus communiter nomine
de Gathepe vel Gaspie notum et appellatum et deinceps versus euronotum
ad insulas Bacalaos vel Cap Britton vocatas relinquendo easdem insulas a
dextra et voraginem dicti magni fluvii de Canada sive magnae stationis
navium et terras de Newfundland cum insulis ad easdem terras
pertinentibus a sinistra et deinceps ad caput sive promontorium de Cap
Britton praedictum jacens prope latitudinem quadraginta quinque graduum
aut eo circa et a dicto promontorio de Cap Britton versus meridiem et
occidentem ad praedictum Cap Sable ubi incepit perambulatio includendo
et comprehendendo intra dictas maris oras littorales ac earum
circumferentias a mari ad mare omnes terras continentis cum fluminibus
torrentibus sinubus littoribus insulis aut maribus jacentibus prope aut
intra sex leucas ad aliquam earundem partem ex occidentali boreali vel
orientali partibus orarum littoralium et praecinctuum earundem et ab
euronoto (ubi jacet Cap Britton) et ex australi parte ejusdem (ubi est
Cap de Sable) omnia maria ac insulas versus meridiem intra quadraginta
leucas dictarum orarum littoralium earundem magnam insulam vulgariter
appellatam Yle de Sable vel Sablon includendo jacentem versus Carban
vulgo south-south-eist circa triginta leucas a dicto Cap Britton in
mari et existentem in latitudine quadraginta quatuor graduum aut eo
circa Quaequidem terrae praedictae omni tempore affuturo nomine Novae
Scotiae in America gaudebunt quas etiam praefatus Dominus Willelmus in
partes et portiones sicut ei visum fuerit dividet iisdemque nomina pro[Pg 28]
beneplacito imponet Unacum omnibus fodinis tam regalibus auri et argenti
quam aliis fodinis ferri plumbi cupri stanni aeris ac aliis mineralibus
quibuscunque cum potestate effodiendi et de terra effodere causandi
purificandi et repurgandi easdem et convertendi ac utendi suo proprio
usui aut aliis usibus quibuscunque sicuti dicto Domino Willelmo
Alexander haeredibus suis vel assignatis aut iis quos suo loco in dictis
terris stabilire ipsum contigerit visum fuerit (reservando solummodo
nobis et successoribus nostris decimam partem metalli vulgo oore auri
et argenti quod ex terra in posterum effodietur aut lucrabitur)
Relinquendo dicto Domino Willelmo suisque praedictis quodcunque ex aliis
metallis cupri chalibis ferri stanni plumbi aut aliorum mineralium nos
vel successores nostri quovismodo exigere possumus ut eo facilius magnos
sumptus in extrahendis praefatis metallis tollerare possit Unacum
magaritis vulgo pearle ac lapidibus praetiosis quibuscunque aliis
lapicidinis silvis virgultis mossis marresiis lacubus aquis
piscationibus tam in aqua salsa quam recenti tam regalium piscium quam
aliorum venatione aucupatione commoditatibus et haereditamentis
quibuscunque Unacum plenaria potestate privilegio et jurisdictione
liberae regalitatis capellae et cancellariae imperpetuum cumque
donatione et patronatus jure ecclesiarum capellaniarum et beneficiorum
cum tenentibus tenandriis et liberetenentium servitiis earundem una cum
officiis justiciariae et admiralitatis respective intra omnes bondas
respective supra mentionatas Una etiam cum potestate civitates liberos
burgos liberos portus villas et burgos baroniae erigendi ac fora et
nundinas intra bondas dictarum terrarum constituendi curias justiciariae
et admiralitatis intra limites dictarum terrarum fluviorum portuum et
marium tenendi una etiam cum potestate imponendi levandi et recipiendi
omnia tolonia custumas anchoragia aliasque dictorum burgorum fororum
nundinarum ac liberorum portuum devorias et eisdem possidendi et
gaudendi adeo libere in omnibus respectibus sicuti quivis baro major aut
minor in hoc regno nostro Scotiae gavisus est aut gaudere poterit quovis
tempore praeterito vel futuro cum omnibus aliis praerogativis
privilegiis immunitatibus dignitatibus casualitatibus proficuis et
devoriis ad dictas terras maria et bondas earundem spectantibus et
pertinentibus et quae nos ipsi dare vel concedere possumus adeo libera
et ampla forma sicuti nos aut aliquis nostrorum nobilium progenitorum
aliquas cartas patentes literas infeofamenta donationes aut diplomata
concesserunt cuivis subdito nostro cujuscunque qualitatis aut gradus
cuivis societati aut communitati tales colonias in quascunque partes
extraneas deducenti aut terras extraneas investiganti in adeo libera et
ampla forma sicuti eadem in hac praesenti carta nostra insereretur
Facimus etiam constituimus et ordinamus dictum Dominum Willelmum
Alexander haeredes suos aut assignatos[Pg 30]
vel eorum deputatos nostros HÆREDITARIOS LOCUMTENENTES GENERALES ad
representandum nostram personam regalem tam per mare quam per terram in
regionibus maris oris ac finibus praedictis in petendo dictas terras
quamdiu illic manserit ac redeundo ab eisdem ad gubernandum regendum et
puniendum omits nostros subditos quos ad dictas terras ire aut easdem
inhabitare contigerit aut qui negotiationem cum eisdem suscipient vel in
eisdem locis remanebunt ac eisdem ignoscendum et ad stabiliendum tales
leges statuta constitutiones directiones instructiones formas gubernandi
et magistratuum ceremonias intra dictas bondas sicut ipsi Domino
Willelmo Alexander aut ejus praedictis ad gubernationem dictae regionis
et ejusdem incolarum in omnibus causis tam criminalibus quam civilibus
visum fuerit et easdem leges regimina formas et ceremonias alterandum et
mutandum quoties sibi vel suis praedictis pro bono et commodo dictae
regionis placuerit ita ut dictae leges tam legibus hujus regni nostri
Scotiae quam fieri possunt sint concordes Volumus etiam ut in casu
rebellionis aut seditionis legibus utatur militaribus adversus
delinquentes vel imperio ipsius sese subtrahentes adeo libere sicuti
aliquis locumtenens cujusvis regni nostri vel dominii virtute officii
locumtenentis habent vel habere possunt excludendo omnes alios
officiarios hujus regni nostri Scotiae terrestres vel maritimos qui in
posterum aliquid jurisclamei commoditatis authoritatis aut interesse in
et ad dictas terras aut provinciam praedictam vel aliquam inibi
jurisdictionem virtute alicujus praecedentis dispositionis aut
diplomatis praetendere possunt Et ut viris honesto loco natis sese ad
expeditionem istam subeundam et ad coloniae plantationem in dictis
terris addatur animus nos pro nobis nostrisque haeredibus et
successoribus cum avisamento et consensu praedicto virtute praesentis
cartae nostrae damus et concedimus liberam et plenariam potestatem
praefato Domino Willelmo Alexander suisque praedictis conferendi favores
privilegia munia et honores in demerentes cum plenaria potestate eisdem
aut eorum alicui quos cum ipso Domino Willelmo suisque praedictis
pactiones vel contractus facere pro eisdem terris contigerit sub
subscriptione sua vel suorum praedictorum et sigillo intra mentionato
aliquam portionem vel portiones dictarum terrarum portuum navium
stationum fluviorum aut praemissorum alicujus partis disponendi et
extradonandi erigendi etiam omnium generum machinas artes facultates vel
scientias aut easdem exercendi in toto vel in parte sicuti ei pro bono
ipsorum visum fuerit Dandi etiam concedendi et attribuendi talia officia
titulos jura et potestates constituendi et designandi tales capitaneos
officiarios balivos gubernatores clericos omnesque alios regalitatis
baroniae et burgi officiarios aliosque ministros pro administratione
justiciae intra bondas dictarum terrarum aut in via dum terras istas
petunt per mare et ab[Pg 32]
eisdem redeunt sicuti ei necessarium videbitur secundum qualitates
conditiones et personarum merita quos in aliqua coloniarum dictae
provinciae aut aliqua ejusdem parte habitare contigerit aut qui ipsorum
bona vel fortunas pro commodo er incremento ejusdem periculo committent
et eosdem ab officio removendi alterandi et mutandi prout ei suisque
praescriptis expediens videbitur Et cum hujusmodi conatus non sine magno
labore et sumptibus fiunt magnamque pecuniae largitionem requirant adeo
ut privati cujusvis fortunas excedant et multorum suppetiis indigeant ob
quam causam praefatus Dominus Willelmus Alexander suique praescripti cum
diversis nostris subditis aliisque pro particularibus periclitationibus
et susceptionibus ibidem qui forte cum eo suisque haeredibus assignatis
vel deputatis pro terris piscationibus mercimoniis aut populi
transportatione cum ipsorum pecoribus rebus et bonis versus dictam Novam
Scotiam contractus inibunt volumus ut quicunque tales contractus cum
dicto Domino Willelmo suisque praescriptis sub ipsorum subscriptionibus
et sigillis expedient limitando assignando et affigendo diem et locum
pro personarum bonorum et rerum ad navem deliberatione sub pena et
forisfactura cujusdam monetae summae et eosdem contractus non perficient
sed ipsum frustrabunt et in itinere designato ei nocebunt quod non solum
dicto domino Willelmo suisque praedictis poterit esse praejudicio et
nocumento verum etiam nostrae tam laudabili intentioni obstabit et
detrimentum inferet tunc licitum erit praefato Domino Willelmo suisque
praedictis vel eorum deputatis et conservatoribus inframentionatis in eo
casu sibi suisve praedictis quos ad hunc affectum substituet omnes tales
summas monetae bona et res forisfactas per talium contractuum
violationem assumere Quod ut facilius fiat et legum prolixitas evitetur
dedimus et concessimus tenoreque praesentis cartae nostrae damus et
concedimus plenariam licentiam libertatem et potestatem dicto Domino
Willelmo suisque haeredibus et assignatis praedictis eligendi nominandi
assignandi ac ordinandi libertatum et privilegiorum per praesentem
nostram cartam sibi suisque praedictis concessorum conservatorem qui
expeditae executioni leges et statuta per ipsum suosque praedictos facta
secundum potestatem ei suisque praedictis per dictam nostram cartam
concessam demandabit volumusque et ordinamus potestatem dicti
conservatoris in actionibus et causis ad personas versus dictam
plantationem contrahentes spectantibus absolutam esse sine ulla
appellatione aut procrasintatione quacunque quiquidem conservator
possidebit et gaudebit omnia privilegia immunitates libertates et
dignitates quascunque quae quivis conservator Scoticorum privilegiorum
apud extraneos vel in Gallia Flandria aut alibi hactenus possederunt aut
gavisi sunt quovis tempore praeterito Et licet omnes tales contractus
inter dictum Dominum Willelmum[Pg 34]
suosque praedictos et praedictos periclitatores per periclitationem et
transportationem populorum cum ipsorum bonis et rebus ad statutum diem
perficientur et ipse cum suis omnibus pecoribus et bonis ad littus
illius provinciae animo coloniam ducendi et remanendi appellent et
nihilominus postea vel omnino provinciam Novae Scotiae et ejusdem
confinia sine licentia dicti Domini Willelmi ejusque praedictorum vel
eorum deputatorum vel societatem et coloniam praedictam ubi primum
combinati et conjuncti fuerant derelinquent et ad agrestes indigenas in
locis remotis et desertis ad habitandum sese conferent quod tunc
amittent et forisfacient omnes terras prius iis concessas omnia etiam
bona intra omnes praedictas bondas et licitum erit praedicto Domino
Willelmo suisque praedictis eadem fisco applicare et easdem terras
recognoscere eademque omnia ad ipsos vel eorum aliquem quovismodo
spectantia possidere et suo peculiari usui suorumque praedictorum
convertere Et ut omnes dilecti nostri subditi tam regnorum nostrorum et
dominiorum quam alii extranei quos ad dictas terras aut aliquam earundem
partem ad mercimonia contrahenda navigare contigerit melius sciant et
obedientes sint potestati et authoritati per nos in praedictum fidelem
nostrum consiliarum Dominum Willelmum Alexander suosque praedictos
collatae in omnibus talibus commissionibus warrantis [et] eontractibus
quos quovis tempore futuro faciet concedet et constituet pro decentiori
et validiori constitutione officiariorum pro gubernatione dictae
coloniae concessione terrarum et executione justiciae dictos
inhabitantes periclitantes deputatos factores vel assignatos tangentibus
in aliqua dictarum terrarum parte vel in navigatione ad easdem terras
nos cum avisamento et consensu praedicto ordinamus quod dictus Dominus
Willelmus Alexander suique praedicti unum commune sigillum habebunt ad
officium locumtenentis justiciariae et admiralitatis spectans quod per
dictum Dominum Willelmum Alexander suosque praedictos vel per deputatos
suos omni tempore affuturo custodietur in cujus uno latere nostra
insignia insculpentur cum his verbis in ejusdem circulo et margine
Sigillum Regis Scotiae Angliae Franciae et Hyberniae et in altero latere
imago nostra nostrorumque successorum cum his verbis (Pro Novae Scotiae
Locumtenente) cujus justum exemplar in manibus ac custodia dicti
conservatoris remanebit quo prout occasio requiret in officio suo utetur
Et cum maxime necessarium sit ut omnes dilecti nostri subditi quotquot
dictam provinciam Novae Scotiae vel ejus confinia incolent in timore
Omnipotentis Dei et vero ejus cultu simul vivant omni conamine nitentes
Christianam religionem ibi stabilire pacem etiam et quietem cum nativis
incolis et agrestibus aboriginibus earum terrarum colere (unde ipsi et
eorum quilibet mercimonia ibi exercentes tuti cum oblectamento ea quae
magno cum labore et periculo[Pg 36]
acquisiverunt quiete possidere possint) nos pro nobis nostrisque
successoribus volumus nobisque visum est per praesentis cartae nostrae
tenorem dare et concedere dicto Domino Willelmo Alexander suisque
praedictis et eorum deputatis vel aliquibus aliis gubernatoribus
officiariis et ministris quos ipsi constituent liberam et absolutam
potestatem tractandi et pacem affinitatem amicitiam et mutua colloquia
operam et communicationem cum agrestibus illis aboriginibus et eorum
principibus vel quibuscunque aliis regimen et potestatem in ipsos
habentibus contrahendi observandi et alendi tales affinitates et
colloquia quae ipsi vel sui praedicti cum iis contrahent modo foedera
illa ex adversa parte per ipsos silvestres fideliter observentur quod
nisi fiat arma contra ipsos sumendi quibus redigi possunt in ordinem
sicuti dicto Willelmo suisque praedictis et deputatis pro honore
obedientia et Dei servitio ac stabilimento defensione et conservatione
authoritatis nostrae inter ipsos expediens videbitur Cum potestate etiam
praedicto Domino Willelmo Alexander suisque praedictis per ipsos vel
eorum deputatos substitutos vel assignatos pro ipsorum defensione [et]
tutela omni tempore et omnibus justis occasionibus in posterum
aggrediendi ex inopinato invadendi expellendi et armis repellendi tam
per mare quam per terram omnibus modis omnes et singulos qui sine
speciali licentia dicti Domini Willelmi suorumque praedictorum terras
inhabitare aut mercaturam facere in dicta Novae Scotiae provincia aut
quavis ejusdem parte conabuntur et similiter omnes alios quoscunque qui
aliquid damni detrimenti destructionis laesionis vel invasionis contra
provinciam illam aut ejusdem incolas inferre praesumunt quod ut facilius
fiat licitum erit dicto Domino Willelmo suisque praedictis eorum
deputatis factoribus et assignatis contributiones a periclitantibus et
incolis ejusdem levare in unum cogere per proclamationes vel quovis alio
ordine talibus temporibus sicuti dicto Domino Willelmo suisque
praedictis expediens videbitur omnes nostros subditos intra dictos
limites dictae provinciae Novae Scotiae inhabitantes et mercimonia
ibidem exercentes convocare pro meliori exercituum necessariorum
supplemento et populi et plantationis dictarum terrarum augmentatione et
incremento Cum plenaria potestate privilegio et libertate dicto Domino
Willelmo Alexander suisque praedictis per ipsos vel eorum substitutos
per quaevis maria sub nostris insigniis et vexillis navigandi cum tot
navibus tanti oneris et tam bene munitione viris et victualibus
instructis sicuti possunt parare quovis tempore et quoties iis videbitur
expediens ac omnes cujuscunque qualitatis et gradus personas subditi
existentes aut qui imperio nostro sese subdere ad iter illud
suscipiendum voluerint cum ipsorum jumentis equis bobus ovibus bonis et
rebus omnibus munitionibus machinis majoribus armis et instrumentis[Pg 38]
militaribus quotquot voluerint aliisque commoditatibus et rebus
necessariis pro usu ejusdem coloniae mutuo commercio cum nativis
inhabitantibus earum provinciarum aut aliis qui cum ipsis plantatoribus
mercimonia contrahent transportandi et omnes commoditates et mercimonia
quae iis videbuntur necessaria in regnum nostrum Scotiae sine alicujus
taxationis custumae aut impositionis pro eisdem solutione nobis vel
nostris custumariis aut eorum deputatis inde portandi eosdem ab eorum
officiis in hac parte pro spatio septem annorum diem datae praesentium
immediate sequentium inhibendo quamquidem solam commoditatem per spatium
tredecim annorum in posterum libere concessimus tenoreque praesentis
cartae nostrae concedimus et disponimus dicto Domino Willelmo suisque
praedictis secundum proportionem quinque pro centum postea mentionatam
Et post tredecim illos annos finitos licitum erit nobis nostrisque
successoribus ex omnibus bonis et mercimoniis quae ex hoc regno nostro
Scotiae ad eandem provinciam vel ex ea provincia ad dictum regnum
nostrum Scotiae exportabuntur vel importabuntur in quibusvis hujus regni
nostri portubus per dictum Willelmum suosque praedictos tantum quinque
libras pro centum secundum antiquam negotiandi morem sine ulla alia
impositione taxatione custuma vel devoria ab ipsis imperpetuum levare et
exigere quaquidem summa quinque librarum pro centum sic soluta per
dictum Dominum Willelmum suosque praedictos aliisque nostris officiariis
ad hunc effectum constitutis exinde licitum erit dicto Domino Willelmo
suisque praedictis eadem bona de nostro hoc regno Scotiae in quasvis
alias partes vel regiones extraneas sine alicujus alterius custumae
taxationis vel devoriae solutione nobis vel nostris haeredibus aut
successoribus aut aliquibus aliis transportare et avehere proviso tamen
quod dicta bona intra spatium tredecim mensium post ipsarum in quovis
hujus regni nostri portu appulsionem navi rursus imponantur Dando et
concedendo absolutam et plenariam potestatem dicto Domino Willelmo
suisque praedictis ab omnibus nostris subditis qui colonias ducere
mercimonia exercere aut ad easdem terras Novae Scotiae et ab eisdem
navigare voluerint praeter dictam summam nobis debitam pro bonis et
mercimoniis quinque libras de centum vel ratione exportationis ex hoc
regno nostro Scotiae ad provinciam Novae Scotiae vel importationis a
dicta provincia ad regnum hoc nostrum Scotiae praedictum in ipsius
ejusque praedictorum proprios usus sumendi levandi et recipiendi et
similiter de omnibus bonis et mercimoniis quae per nostros subditos
coloniarum ductores negotiatores et navigatores de dicta provincia Novae
Scotiae ad quaevis nostra dominia aut alia quaevis loca exportabuntur
vel a nostris regnis et aliis locis ad dictam Novam Scotiam
importabuntur ultra et supra dictam summam nobis destinatam quinque
libras de centum Et de bonis et mercimoniis omnium[Pg 40]
extraneorum aliorumque sub nostra obedientia [minime] existentium quae
vel de provincia Novae Scotiae exportabuntur vel ad eandem importabuntur
ultra er supra dictam summam nobis destinatam decem libras de centum
dicti Domini Willelmi suorumque praedictorum propriis usibus per tales
ministros officiarios vel substitutos eorumve deputatos aut factores
quos ipsi ad hunc effectum constituent et designabunt levandi sumendi ac
recipiendi Et pro meliori dicti Domini Willelmi suorumque praedictorum
aliorumque omnium dictorum nostrorum subditorum qui dictam Novam Scotiam
inhabitare vel ibidem mercimonia exercere voluerint securitate et
commoditate et generaliter omnium aliorum qui nostrae authoritati et
potestati sese subdere non gravabuntur nobis visum est volumusque quod
licitum erit dicto Domino Willelmo suisque praedictis unum aut plura
munimina propugnacula castella loca fortia specula armamentaria lie
blokhousis aliaque aedificia cum portubus et navium stationibus
aedificare vel aedificari causare unacum navibus bellicis easdemque pro
defensione dictorum locorum applicare sicut dicto Domino Willelmo
suisque praedictis pro dicto conamine perficiendo necessarium videbitur
proque ipsorum defensione militum catervas ibidem stabilire praeter
praedicta supramentionata et generaliter omnia facere quae pro
conquaestu augmentatione populi inhabitatione preservatione et
gubernatione dictae Novae Scotiae ejusdemque orarum et territorii intra
omnes hujusmodi limites pertinentias et dependentias sub nostro nomine
et authoritate quodcunque nos si personaliter essemus praesentes facere
potuimus licet casus specialem et strictum magis ordinem quam per
praesentes praescribitur requirat cui mandato volumus et ordinamus
strictissimeque praecipimus omnibus nostris justiciariis officiariis et
subditis ad loca illa sese conferentibus ut sese applicent dictoque
Domino Willelmo suisque praedictis in omnibus et singulis supra
mentionatis earum substantiis circumstantiis et dependentiis intendant
et obediant eisque in earum executione in omnibus adeo sint obedientes
ut nobis cujus personam representat esse deberent sub pena
disobedientiae et rebellionis Et quia fieri potest quod quidam ad dicta
loca transportandi refractarii sint et ad eadem loca ire recusabunt aut
dicto Domino Willelmo suisque praedictis resistent nobis igitur placet
quod omnes vicecomites senescalli regalitatum ballivi pacis justiciarii
praepositi et urbium ballivi eorumque officiarii et justiciae ministri
quicunque dictum Dominum Willelmum suosque deputatos aliosque praedictos
in omnibus et singulis legitimis rebus et factis quas facient aut
intendent ad effectum praedictum similiter et eodem modo sicuti nostrum
speciale warrantum ad hunc effectum haberent assistent fortisficient et
eisdem suppetias ferant Declaramus insuper per praesentis cartae nostrae
tenorem omnibus christianis regibus principibus[Pg 42]
et statibus quod si aliquis vel aliqui qui in posterum de dictis
coloniis vel de earum aliqua sit in dicta provincia Novae Scotiae vel
aliqui alii sub eorum licentia vel mandato quovis tempore futuro
piraticam exercentes per mare vel terram bona alicujus abstulerint vel
aliquod injustum vel indebitum hostiliter contra aliquos nostros
nostrorumve haeredum et successorum aut aliorum regum principum
gubernatorum aut statuum in foedere nobiscum existentium subditos quod
tali injuria sic oblata aut justa querela desuper mota per aliquem regem
principem gubernatorem statum vel eorum subditos praedictos nos nostri
haeredes et successores publicas proclamationes fieri curabimus in
aliqua parte dicti regni nostri Scotiae ad hunc effectum magis commoda
ut dictus pirata vel piratae qui tales rapinas committent stato tempore
per praefatas proclamationes limitando plenarie restituent quaecunque
bona sic ablata et pro dictis injuriis omnimodo satisfaciant ita ut
dicti principes aliique sic conquaerentes satisfactos se esse reputent
et quod si talia facinora committent bona ablata non restituent aut
restitui faciant intra limitatum tempus quod tunc in posterum sub nostra
protectione et tutela minime erunt et quod licitum erit omnibus
principibus aliisque praedictis delinquentes eos hostiliter prosequi et
invadere Et licet neminem nobilem aut generosum de patria hac sine
licentia nostra decedere statutum sit nihilominus volumus quod praesens
hoc diploma sufficiens erit licentia et warrantum omnibus qui se huic
itineri commitent qui laesaemajestatis non sunt rei vel aliquo alio
speciali mandato inhibiti atque etiam per praesentis cartae nostrae
tenorem declaramus volumusque quod nemo patria hac decedere permittatur
versus dictam Novam Scotiam nullo tempore nisi ii qui juramentum
supremitatis nostrae primum susceperint ad quem effectum nos per
praesentes dicto Domino Willelmo suisque praedictis vel eorum
conservatori vel deputatis idem hoc juramentum omnibus personis versus
illas terras in ea colonia sese conferentibus requirere et exhibere
plenariam potestatem et authoritatem damus et concedimus Praeterea nos
cum avisamento et consensu praedicto pro nobis et successoribus nostris
declaramus decernimus et ordinamus quod omnes nostri subditi qui ad
dictam Novam Scotiam proficiscentur aut eam incolent eorumque omnes
liberi et posteritas qui [quos] ibi nasci contigerit aliique omnes
ibidem periclitantes habebunt et possidebunt omnes libertates
immunitates et privilegia liberorum et naturalium subditorum regni
nostri Scotiae aut aliorum nostrorum dominiorum sicuti ibidem nati
fuissent Insuper nos pro nobis et successoribus nostris damus et
concedimus dicto Domino Willelmo Alexander suisque praedictis liberam
potestatem stabiliendi et cudere causandi monetam pro commercio
liberiori inhabitantium dictae provinciae cujusvis metalli quo modo et
qua forma voluerint et eisdem praescribent Atque etiam[Pg 44]
si quae quaestiones aut dubia super interpretatione aut constructione
alicujus clausulae in hac presenti carta nostra contentae occurrent ea
omnia sumentur et interpretabuntur in amplissima forma et in favorem
dicti Domini Willelmi suorumque praedictorum Praeterea nos ex nostra
certa scientia proprio motu authoritate regali et potestate regia
fecimus univimus annexavimus ereximus creavimus et incorporavimus
tenoreque praesentis cartae nostrae facimus unimus annexamus erigimus
creamus et incorporamus totam et integram praedictam provinciam et
terras Novae Scotiae cum omnibus earundem limitibus et maribus
ac mineralibus auri et argenti plumbi cupri chalibis stanni aeris ferri
aliisque quibuscunque fodinis margaritis lapidibus praeciosis
lapicidinis silvis virgultis mossis marresiis lacubus aquis
piscationibus tam in aquis dulcibus quam salsis tam regalium piscium
quam aliorum civitatibus liberis portubus liberis burgis urbibus
baroniae burgis maris portubus anchoragiis machinis molendinis officiis
et jurisdictionibus omnibusque aliis generaliter et particulariter supra
mentionatis in unum integrum et liberum dominium et baroniam per
praedictum nomen Novae Scotiae omni tempore futuro appellandum
Volumusque et concedimus ac pro nobis et successoribus nostris
decernimus et ordinamus quod unica sasina nunc per dictum Dominum
Willelmum suosque praedictos omni tempore affuturo super aliquam partem
fundi dictarum terrarum et provinciae praescriptae stabit et sufficiens
erit sasina pro tota regione cum omnibus partibus pendiculis privilegiis
casualitatibus libertatibus et immunitatibus ejusdem supramentionatis
absque aliqua alia speciali et particulari sasina per ipsum suosve
praedictos apud aliquam aliam partem vel ejusdem locum capienda penes
quam sasinam omniaque quae inde secuta sunt aut sequi possunt nos cum
avisamento et consensu praescripto pro nobis et successoribus nostris
dispensavimus tenoreque praesentis cartae nostrae modo subtus mentionato
dispensamus imperpetuum Tenendam et habendam totam et integram dictam
regionem et dominium Novae Scotiae cum omnibus ejusdem limitibus intra
praedicta maria mineralibus auri et argenti cupri chalibis stanni ferri
aeris aliisque quibuscunque fodinis margaritis lapidibus praeciosis
lapicidinis silvis virgultis mossis marresiis lacubus aquis
piscationibus tam in aquis dulcibus quam salsis tam regalium piscium
quam aliorum civitatibus liberis burgis liberis portubus urbibus
baroniae burgis maris portubus anchoragiis machinis molendinis officiis
et jurisdictionibus omnibusque aliis generaliter et particulariter supra
mentionatis cumque omnibus aliis privilegiis libertatibus immunitatibus
casualitatibus aliisque supra expressis praefato Domino Willelmo
Alexander haeredibus suis et assignatis de nobis nostrisque
successoribus in feodo haereditate libero[Pg 46]
dominio libera baronia et regalitate imperpetuum modo supramentionato
per omnes rectas metas et limites suas prout jacent in longitudine et
latitudine in domibus aedificiis aedificatis et aedificandis boscis
planis moris marresiis viis semitis aquis stagnis rivolis pratis pascuis
et pasturis molendinis multuris et eorum sequelis aucupationibus
venationibus piscationibus petariis turbariis carbonibus carbonariis
cuniculis cuniculariis columbis columbariis fabrilibus brasinis brueriis
et genistis silvis nemoribus et virgultis lignis lapicidiis lapide et
calce cum curiis et curiarum exitibus herezeldis bludewetis et mulierum
marchetis cum libero introitu et exitu ac cum furca fossa sok sak thole
thame infangtheiff outfangtheiff vert wrak wair veth vennysoun pitt et
gallous ac cum omnibus aliis et singulis libertatibus commoditatibus
proficuis asiamentis ac justis suis pertinentiis quibuscunque tam non
nominatis quam nominatis tam subtus terra quam supra terram procul et
prope ad praedictam regionem spectantibus seu juste spectare valentibus
quomodolibet in futurum libere quiete plenarie integre honorifice bene
et in pace absque ulla revocatione contradictione impedimento aut
obstaculo aliquali Solvendo inde annuatim dictus Dominus Willelmus
Alexander suique praedicti nobis nostrisque haeredibus et successoribus
unum denarium monetae Scotiae super fundum dictarum terrarum et
provinciae Novae Scotiae ad festum Nativitatis Christi nomine albae
firmae si petatur tantum Et quia tentione dictarum terrarum et
provinciae Novae Scotiae et alba firma praedicta deficiente tempestivo
et legitimo introitu cujusvis haeredis vel haeredum dicti Domini
Willelmi sibi succedentium quod difficulter per ipsos praestari potest
ob longinquam distantiam ab hoc regno nostro eaedem terrae et provincia
ratione non-introitus in manibus nostris nostrorumve successorum
devenient usque ad legitimum legitimi haeredis introitum et nos nolentes
dictas terras et regionem quovis tempore in non-introitu cadere neque
dictum Dominum Willelmum suosque praedictos beneficiis et proficuis
ejusdem eatenus frustrari idcirco nos cum avisamento praedicto cum dicto
quandocunque contigerit dispensavimus tenoreque
praesentis cartae nostrae pro nobis et successoribus nostris dispensamus
ac etiam renunciavimus et exoneravimus tenoreque ejusdem cartae nostrae
cum consensu praedicto renunciamus et exoneramus dictum Dominum
Willelmum ejusque praescriptos praefatum non-introitum dictae provinciae
et regionis quandocunque in manibus nostris deveniet aut ratione
non-introitus cadet cum omnibus quae desuper sequi possunt proviso tamen
quod dictus Dominus Willelmus suique haeredes et assignati intra spatium
septem annorum post decessum et obitum suorum praedecessorum aut
introitum ad possessionem dictarum terrarum aliorumque[Pg 48]
praedictorum per ipsos vel eorum legitimos procuratores ad hunc effectum
potestatem habentes nobis nostrisque successoribus homagium faciant et
dictas terras dominium et baroniam aliaque praedicta adeant et per nos
recipiantur secundum leges et statuta dicti regni nostri Scotiae Denique
nos pro nobis et successoribus nostris volumus decernimus et ordinamus
praesentem hanc nostram cartam et infeofamentum supra scriptam
praedictarum terrarum dominii et regionis Novae Scotiae privilegia et
libertates ejusdem in proximo nostro parliamento dicti regni nostri
Scotiae cum contigerit ratificari approbari et confirmari ut vim et
efficaciam decreti inibi habeat penes quod nos pro nobis et
successoribus nostris declaramus hanc nostram cartam sufficiens fore
warrantum et in verbo principis eandem ibi ratificari et approbari
promittimus atque etiam alterare renovare et eandem in amplissima forma
augere et extendere quoties dicto Domino Willelmo ejusque praedictis
necessarium et expediens videbitur Insuper nobis visum est ac mandamus
et praecipimus dilectis nostris
vicecomitibus nostris in hac parte specialiter constitutis quatenus post hujus cartae nostrae nostro sub magno sigillo aspectum statum et sasinam actualem et realem praefato Domino Willelmo suisque praedictis eorumve actornato vel actornatis terrarum dominii baroniae aliorumque praedictorum cum omnibus libertatibus privilegiis immunitatibus aliisque supra expressis dare et concedere quam sasinam nos per praesentis cartae nostrae tenorem adeo legitimam et ordinariam esse declaramus ac si praeceptum sub testimonio nostri Magni Sigilli in amplissima forma cum omnibus clausulis requisitis ad hunc effectum praedictum haberet penes quod nos pro nobis et successoribus nostris imperpetuum dispensamus In cujus rei testimonium huic praesenti cartae nostrae magnum sigillum nostrum apponi praecepimus testibus praedilectis nostris consanguineis et consiliariis Jacobo Marchione de Hammiltoun comite Arranie et Cambridge domino Aven et Innerdaill  Georgio Mariscalli comite domino Keyth &c. regni nostri mariscallo Alexandro comite de Dumfermeling domino Fyvie et Urquhart &c. nostro cancellario Thoma comite de Melros domino Binning et Byres nostro secretario dilectis nostris familiaribus consiliariis dominis Ricardo Cokburne juniore de Clerkingtoun nostri secreti sigilli custode Georgio Hay de Kinfawnis nostrorum rotulorum registri ac consilii clerico Joanne Cokburne de Ormestoun nostrae justiciariae clerico et Joanne Scot de Scotstarvett nostrae cancellariae directore militibus Apud castellum nostrum de Windsore decimo die mensis Septembris anno Domino millesimo[Pg 50] sexcentesimo vigesimo primo regnorumque nostrorum annis quinquagesimo quinto et decimo nono respective.
Per signaturam manu S. D. N. Regis suprascriptam ac manibus nostri Cancellarii Thesaurarii Principalis Secretarii ac reliquorum Dominorum nostrorum Commissionariorum ac Secreti nostri Consilii ejusdem Regni Scotiae subscriptam.
Writtin to the Great Seall,
29. Septemb. 1621,
29. Septemb. 1621,
TRANSLATION OF THE CHARTER OF NOVA SCOTIA, 1621.
James, by the Grace of God, of Great Britain, France and Ireland,
King, &c., and Defender of the Faith, To all good men of all his
territories, clergy and laity, greeting. Know ye, that we have
always been intent on embracing every occasion which might tend to
the honour and advantage of our kingdom of Scotland, and that we
are of opinion that no acquisition is more easy, or less hurtful,
than that which is made by planting new colonies in foreign and
uncultivated countries, where commodities of life and food are
ready at hand, especially if either those same countries have been
theretofore destitute of cultivators, or have been inhabited by
infidels, whose conversion to the Christian faith very much
redounds to the glory of God; but seeing that both some other
kingdoms, and not long since this our kingdom of England, have
laudably given their own names to new lands, by them acquired and
conquered, reflecting with ourselves how, by Divine beneficence,
this nation is, at this time, numerous and thronged, and how
expedient it is that it should be studiously exercised in some
honest and useful employment, lest, by indolence, and lack of
employment, it lapse into evil, it may be expedient, and we have
thought it worthy of endeavour, that many should be conveyed to a
new country, which they may fill with colonies, who, both by
promptitude and alacrity of mind, and by strength and power of
body, may dare, if any other mortals elsewhere may, to encounter
any difficulties, we think this endeavour herein especially useful
for this kingdom, because it requires only transport of men and
women, beasts of burden and corn, not also of money, and may not
make a disadvantageous return from the merchandise of the kingdom
itself at this time, when trade is so diminished, as to its
returns: For these causes, as well as on account of the faithful
and acceptable service of our beloved counsellor, Sir William
Alexander, Knight, to us rendered, and to be rendered, who, first
of our subjects, at his own expense, endeavoured to plant this
foreign colony, and sought out for colonization the divers lands
circumscribed by the limits hereinafter designated. We, therefore,
out of our royal care for the propagation of the Christian
religion, and for promoting the opulence, prosperity, and peace of
our natural subjects of our said kingdom of Scotland, as other
foreign princes have heretofore done in such cases, with the advice
and consent[Pg 27]
of our right well-beloved cousin and counsellor, John, Earl of Mar,
Lord Erskyn and Gareoch, &c., our High Treasurer, Comptroller,
Collector, and Treasurer, of our new augmentations of this our
kingdom of Scotland, and of the other Lords, our Commissioners of
the same our kingdom, have given, granted, and disposed, and, by
the tenor of our present charter, do give, grant, and dispose to
the aforesaid Sir William Alexander, his heirs or assigns,
whomsoever, hereditarily, all and singular the continent-lands and
islands, situate and lying in America within the cape or
promontory, commonly called Cap de Sable, lying near the latitude
of forty-three degrees, or thereabout, from the equinoctial line,
northward, from which promontory, toward the sea-coast, verging to
the west, to the harbour of Sancta Maria, commonly called
Sanctmareis Bay, and thence northward, traversing, by a right line,
the entrance or mouth of that great naval station, which runs out
into the eastern tract of the land between the countries of the
Suriqui and Stechemini, commonly called Suriquois and
Stechemines, to the river commonly called by the name of Santa
Crux, and to the remotest source or fountain on the western side of
the same, which first discharges itself into the aforesaid river,
and thence, by an imaginary right line, which might be conceived to
proceed through the land, or to run northward to the nearest naval
station, river, or source, discharging itself into the great river
of Canada, and proceeding from it by the sea shores of the same
river of Canada, eastward to the river, naval station, port, or
shore, commonly known and called by the name of Gathepe, or Gaspie,
and thence south-eastward to the islands called Baccalaoes, or Cap
Britton, leaving the same islands on the right, and the gulf of the
said great river of Canada, or great naval station, and the lands
of Newfoundland, with the islands pertaining to the same lands, on
the left, and thence to the cape or promontory of Cap Britton
aforesaid, lying near the latitude of forty-five degrees, or
thereabout, and from the said promontory of Cap Britton, toward the
south and west to the aforesaid Cap Sable, where the circuit began,
including and comprehending within the said sea-coasts, and their
circumferences, from sea to sea, all continent-lands, with rivers,
torrents, bays, shores, islands, or seas, lying near, or within six
leagues to any part of the same, on the western, northern, or
eastern parts of the coasts, and precincts of the same, and on the
south-east (where Cap Britton lies), and on the southern part of
the same (where Cap de Sable is), all seas and islands towards the
south, within forty leagues of the said sea coasts of the same,
including the great island, commonly called Isle de Sable, or
Sablon, lying towards the Carbas, south-south-east, about thirty
leagues from the said Cap Britton, in the sea, and being in the
latitude of forty-four[Pg 29]
degrees or thereabout: Which lands aforesaid, in all time to come,
shall enjoy the name of Nova Scotia, in America, which also the
aforesaid Sir William shall divide into parts and portions, as to
him may seem meet, and give names to the same, according to his
pleasure; together with all mines, as well royal of gold and
silver, as other mines of iron, lead, copper, brass, tin, and other
minerals whatsoever, with power of digging them, and causing them
to be dug out of the earth, of purifying and refining the same, and
converting and using them to his own proper use, or to other uses
whatsoever, as to the said Sir William Alexander, his heirs or
assigns, or those whom it shall have happened that he shall have
established in his stead, in the said lands, shall seem meet.
(Reserving only for us and our successors the tenth part of the
metal, commonly called ore of gold and silver, which hereafter
shall be dug up or gained.) Relinquishing to the said Sir William,
and his aforesaids, whatsoever of other metals, copper, steel,
iron, tin, lead, or other minerals, we, or our successors, can in
any wise claim, that he may by so much the more easily bear the
great expenses of extracting the aforesaid metals: Together with
the margarites, commonly called pearle, and other precious stones
whatsoever, stone quarries, woods, coppices, mosses, marshes,
lakes, waters, fisheries, as well in salt water as in fresh, as
well of royal fishes as of others, chases, decoys, commodities, and
hereditaments whatsoever: Together with full power, privilege, and
jurisdiction of free regality of chapel and chancery, in
perpetuity; and with right of donation, and patronage of churches,
chapelries, and benefices, with the tenants, tenandries, and
services of free tenants, of the same, together with the offices of
justiciary and admiralty respectively, within the boundaries
respectively above mentioned: Together with power of erecting
cities, free burghs, free ports, villas, and burghs of barony, and
of appointing fairs and markets, within the boundaries of the said
lands, of holding courts of justiciary and admiralty, within the
limits of the said lands, rivers, ports, and seas, together also
with power of imposing, levying, and receiving all tolls, customs,
anchorages, and other duties of the said burghs, fairs, markets,
and free ports; and of possessing and enjoying the same, as freely,
in all respects, as any greater or lesser Baron in this our kingdom
of Scotland hath enjoyed, or shall be able to enjoy, at any time,
past or future, with all other prerogatives, privileges,
immunities, dignities, casualties, profits, and duties, belonging
and pertaining to the said lands, seas, and the boundaries of the
same; and which we ourselves have power to give or grant, in form
as free and ample, as we, or any of our noble progenitors, have
granted any charters, letters-patent, infeftments, donations, or
diplomas, to any one of our subjects, of what quality or degree
soever, to any company or community[Pg 31]
planting such colonies in foreign parts whatsoever, or exploring
foreign lands, in form as free and ample as if the same were
inserted in this our present charter. We make also, constitute, and
ordain the said Sir William Alexander, his heirs or assigns, or
their deputies, our Hereditary Lieutenants-General, to represent
our royal person, as well by sea as by land, in the regions,
sea-coasts, and boundaries aforesaid, in voyaging to the said
lands, so long as he shall tarry there, and in returning from the
same; to govern, rule, and punish all our subjects who shall have
chanced to go to the said lands, or to be inhabiting the same, or
who shall have entered into trade with the same, or shall sojourn
in the same places; and to grant pardon to the same, and to
establish such laws, statutes, constitutions, directions,
instructions, forms of government, and ceremonies of magistracies
within the said boundaries, as to him, Sir William Alexander, or
his aforesaid, for the government of the said region, and the
inhabitants of the same, in all causes, as well criminal as civil,
it shall seem meet; and to alter and change the same laws,
regulations, forms and ceremonies, as often as to himself or to his
aforesaid, for the good and advantage of the said region, shall be
pleasing; so that the said laws be as consonant to the laws of this
our kingdom of Scotland as they can be made. We will, also, that in
case of rebellion or sedition he may use martial law against
delinquents, or persons revolting from his command, as freely as
any Lieutenant of any of our kingdoms or lordships have, or can
have, by virtue of the office of Lieutenant, excluding all other
officers of this our kingdom of Scotland, as well of the land as of
the seas, who hereafter may pretend any claim of right, commodity,
authority or interest, in and to the said lands, or the province
aforesaid, or any jurisdiction therein, by virtue of any former
disposition or diploma: And for encouragement of men of good birth
to undertake that expedition, and the planting of a colony in the
said lands, we, for ourselves, and our heirs and successors, with
the advice and consent aforesaid, by virtue of our present charter,
give and grant free and plenary power to the aforesaid Sir William
Alexander, and his aforesaid, of conferring favours, privileges,
charges and honours upon the deserving; with plenary power to the
same, or any of them, who shall chance to make covenants or
contracts with Sir William himself, and his aforesaid, for the same
lands, under his signature, or the signature of his aforesaid, and
the seal hereafter mentioned, of disposing and of sub-granting any
portion or portions of the said lands, ports, harbours, rivers, or
of any part of the premises; also, of erecting machines, arts,
faculties or sciences, or of exercising the same in whole or in
part, as to him for their good shall seem meet: Also, of giving and
granting, and attributing such offices, titles, rights and powers
of appointing and[Pg 33]
designating such captains, officers, bailiffs, governors, clerks
and all other officers of regality, barony and burgh, and other
ministers for the administration of justice within the boundaries
of the said lands, or on the voyage while they are sailing through
the sea to those lands, and are returning from the same, as to him
shall seem needful, according to the qualities, conditions and
merits of the persons who shall happen to dwell in any of the
colonies of the said province, or in any part of the same, or who
shall adventure their goods or fortunes for the advantage of the
same, and of removing from office, altering and changing the same,
as shall seem expedient to him and his aforesaid: And since
enterprises of this kind are not made without great labour and
expense, and require great outlay of money, so that they go beyond
the fortunes of any private person, and have need of the succours
of many, by reason whereof the aforesaid Sir William Alexander, and
his afore written, will enter into contracts for particular
adventures and undertakings to the said place, with divers our
subjects, and others who haply will (enter into contracts) with him
and his heirs, assigns or deputies, for lands, fisheries,
merchandise, or transport of people, with their cattle, property
and goods, toward the said Nova Scotia, we will, that whosoever
shall execute such contracts with the said Sir William, and his
afore written, under their signatures and seals, by limiting,
assigning and fixing day and place for delivery on ship board, of
persons, goods and property, under penalty and forfeiture of any
sum of money, and shall not perform the same contracts, but shall
disappoint him and damage him in the intended voyage, which not
only will be a prejudice and damage to the said Sir William, and
his aforesaid, but also will be an obstacle and detriment to our so
laudable intention, then it shall be lawful to the aforesaid Sir
William Alexander, and his aforesaid, or their deputies and
conservators under mentioned, in that case, to take to himself or
to his aforesaid, whom he shall substitute to this effect, all such
sums of money, goods and property, as forfeited by violation of
such contracts: For the more easy doing whereof, and that delay of
law may be avoided, we have given and granted, and, by the tenor of
our present charter, do give and grant to the said Sir William, and
to his heirs and assigns foresaid, plenary licence, liberty and
power of electing, nominating, assigning and ordaining a
conservator of the liberties and privileges granted to him, and his
aforesaid, by this our present charter, who shall carry into
expeditious execution the laws and statutes made by him, and his
aforesaid, according to the power granted to him, and his
aforesaid, by our said charter; and will and ordain that the power
of the said conservator, in all actions and causes belonging to
persons contracting to the said plantation, be absolute, without
any appeal or procrastination[Pg 35]
whatsoever; which conservator shall possess and enjoy all
privileges, immunities, liberties, and dignities whatsoever, which
any conservator of Scottish privileges, in foreign nations, either
in France, Flanders, or elsewhere, hitherto have possessed or
enjoyed, in any time past: And although all such contracts between
the said Sir William, and his aforesaid, and the aforesaid
adventurers, shall be performed at the appointed day, by adventure
and transport of people, with their goods and property, and they,
with all their cattle and goods, shall arrive at the shore of that
province, with the intention of planting a colony, and remaining;
and, nevertheless, shall either entirely desert the province of
Nova Scotia, and the confines of the same, without licence of the
said Sir William, and his aforesaid, or their deputies, or the
society and colony aforesaid, wherewith they were first combined
and conjoined, and shall betake themselves to the savage
Aborigines, to dwell in remote and desert places, that then they
shall lose and forfeit all lands theretofore granted to them, and
all goods within all the aforesaid boundaries; and it shall be
lawful to the aforesaid Sir William, and his aforesaid, to
confiscate the same, and to recover the same lands, and to possess
all the same things which in any wise belong to them, or any of
them, and to convert them to the peculiar use of himself and his
aforesaid: And that all of our beloved subjects, as well of our
kingdoms and dominions, as others, foreigners, who shall chance to
navigate to the said lands, or any part of the same, for bargain of
merchandise, may better know and be obedient to the power and
authority conferred by us upon our aforesaid faithful counsellor,
Sir William Alexander, and his aforesaid, in all such commissions,
warrants, and contracts, which at any future time he shall make,
grant, and constitute, for the more decent and valid appointment of
officers for the government of the said colony, granting of lands,
and execution of justice, touching the said inhabitants,
adventurers, deputies, factors, or assigns, in any part of the
aforesaid lands, or in navigation to the same lands, we, with the
advice and consent aforesaid, ordain, that the said Sir William
Alexander, and his aforesaid, shall have one common seal belonging
to the office of Lieutenant of justiciary and admiralty, which
shall be kept by the said Sir William Alexander, and his aforesaid,
or by his deputies, in all time to come, on one side whereof our
insignia shall be engraven with these words, in the circle and
margin of the same, Sigillum Regis Scotie Anglie Francie et
Hybernie, and on the other the effigy of ourselves and our
successors, with these words, Pro Nove Scotie Locum tenente, of
which an exact copy shall remain in the hands and custody of the
said conservator, which he may use in his office, as occasion shall
require: And since it is most necessary that all our loving
subjects, as many as shall inhabit the[Pg 37]
said province of Nova Scotia, or its confines, may live together in
the fear of Almighty God, and the true worship of him, we, intent
upon establishing the Christian religion therein, by every
endeavour, and also upon cultivating peace and quiet with the
native and wild original inhabitants of those lands (whence they
and every one of them following merchandise there is safety may
quietly possess, with enjoyment, those things which, with great
labour and peril they have acquired), we, for ourselves and our
heirs and successors, do will, and it hath seemed good to us, by
the tenor of our present charter, to give and grant to the said Sir
William Alexander and his aforesaid, and their deputies or any
others, governors, officers, and ministers, whom they shall
appoint, free and absolute power of treating and contracting peace,
alliance, friendship and mutual conferences, help and communication
with those wild Aborigines and their chiefs, or others whomsoever,
having rule and power over them, of observing and cherishing such
alliances and conferences, which they or their aforesaid shall
contract with them, provided those compacts, on the other part, be
faithfully observed by the savages themselves, unless which be
done, of taking up arms against them, whereby they may be reduced
to order. As to the said Sir William and his aforesaid, and
deputies, for the honour, obedience and service of God, and the
establishment, defence and conservation of our authority among
them, shall seem expedient, with power also to the aforesaid Sir
William Alexander, and his aforesaid, by themselves or their
deputies, substitutes or assigns, for their defence and safeguard
at all times, and on all just occasions hereafter, of attacking by
surprise, going against, expelling and repelling with arms, as well
by sea as by land, by all means, all and singular, those who,
without special licence of the said Sir William, and his aforesaid,
shall essay to inhabit the lands, or to carry on merchandise in the
said province of Nova Scotia, or in any part of the same, and in
like manner all others who presume to bring any damage, detriment,
destruction, hurt, or invasion against that province, or the
inhabitants of the same, that which may be more easily done, it
shall be lawful for the said Sir William, and his aforesaid, their
deputies, factors, and assigns, to levy contributions from the
adventurers and inhabitants of the same, to make collection by
proclamations, or by any other order, at such times as to the said
Sir William, and his aforesaid, shall seem expedient, to convoke
all our subjects inhabiting within the said limits of the said
province of Nova Scotia, and carrying on merchandise there, for the
better supply of the necessary armies, and the augmentation and
increase of the people, and plantation of the said lands, with
plenary power, privilege, and liberty, to the said Sir William
Alexander, and his aforesaid, by themselves, or their substitutes,
of navigating through[Pg 39]
any seas under our ensigns and flags, with as many ships, of as
great burden, and as well furnished with ammunition, men, and
victuals, as they can provide, at any time, and as often as to them
shall seem expedient, and of transporting all persons, of whatever
quality and degree, being our subjects, or who shall choose to
submit themselves to our authority for the undertaking of that
voyage, with their beasts of burden, horses, cattle, sheep, goods,
and property, and munitions, engines, heavy arms, and military
instruments, as many as they shall choose, and other commodities,
and things necessary for the use of the said colony, in mutual
commerce with the native inhabitants of those provinces, or with
others who shall carry on merchandise with the planters themselves,
and of importing thence all commodities, and merchandise, which to
them shall seem necessary, into our kingdom of Scotland, without
payment of any tax, customs, or imposts for the same, to us, or our
receivers of customs, or their deputies, and inhibiting them from
their offices on this part, for the space of seven years,
immediately following the day of the date of our present charter,
which sole advantage we have freely granted, and, by the tenor of
our present charter, do freely grant and dispose, for the space of
thirteen years hereafter, to the said Sir William, and his
aforesaid, according to the proportion of five per cent. after
mentioned: And after those thirteen years ended, it shall be lawful
to us and our successors, out of all goods and merchandise, which
out of this our kingdom of Scotland, to the same province, or out
of that province to our said kingdom of Scotland, shall be exported
or imported by the said Sir William, and his aforesaid, in any
ports of this our kingdom, to levy and demand from them for ever
five pounds per cent. only, according to the ancient manner of
trading, without any other impost, tax, custom, or duty; which sum
of five pounds per cent. being so paid by the said Sir William, and
his aforesaid, and others our officers to this effect, appointed
thenceforth, it shall be lawful to the said Sir William, and his
aforesaid, to transport and carry the same goods from this our
kingdom of Scotland, into any other foreign parts or regions,
without payment of any other custom, tax, or duty, to us, or our
heirs or successors, or to any other persons; provided, however,
that the said goods shall be again shipped within the space of
thirteen months after their arrival in any port of this our
kingdom; Giving and granting absolute and plenary power to the said
Sir William, and his aforesaid, of taking, levying, and receiving
from all our subjects, who shall choose to plant colonies to carry
on merchandise, or to navigate to the same lands of Nova Scotia,
and from the same, beside the said sum due to us for goods and
merchandise, five pounds out of the hundred, either on account of
export from this our kingdom of[Pg 41]
Scotland to the province of Nova Scotia, or import from the said
province to this our kingdom of Scotland aforesaid, for the proper
use of himself, and his aforesaid; and in like manner with regard
to all goods and merchandise, which shall be exported by our
subjects, planters of colonies, traders, and navigators from the
said province of Nova Scotia, to any of our dominions, or any other
places, or shall be imported from our kingdoms and other places to
the said Nova Scotia, five pounds of the hundred over and above the
said sum, destined for us; and of levying taking, and receiving
from the goods and merchandise of all foreigners and others, not
being under obedience to us, which either shall be exported from
the province of Nova Scotia, or shall be imported to the same, over
and above the said sum destined for us, ten pounds out of the
hundred, for the proper use of the said Sir William, and his
aforesaid, by such ministers, officers, or their substitutes, or
deputies, or factors, as they shall appoint and designate to this
effect. And for the better security and convenience of the said Sir
William, and his aforesaid, and of all others our beloved subjects,
who shall choose to inhabit the said Nova Scotia, or to carry on
merchandise there, and generally of all others who shall not be
reluctant to submit themselves to our authority and power, it hath
seemed meet to us, and we will that it shall be lawful to the said
Sir William, and his aforesaid, to build, or to cause to be built,
one or more strong holds, fortresses, castles, forts, towers,
depots of arms, lie blokhousis, and other edifices, with ports
and harbours, together with ships of war, and to apply the same for
the defence of the said places, as to the said Sir William, and his
aforesaid, shall seem necessary for performing the said enterprise,
and for their defence to establish regiments of soldiers there,
beside the aforesaid things above mentioned, and generally to do
all things which for the conquest, augmentation, inhabitation,
preservation, and government of the people of the same Nova Scotia,
and of the coasts and territory of the same, within all the limits,
appurtenances, and dependencies of the same, under our name and
authority whatsoever, we, if we were personally present, could have
done, although the case may require special and more strict
ordering, than such as is prescribed by these presents; to which
mandate we will, and ordain, and strictly enjoin all our
justiciaries, officers, and subjects, betaking themselves to those
places, that they apply themselves, and attend upon, and obey the
said Sir William, and his aforesaid, in all and singular the things
above mentioned, with their substances and circumstances, and be as
obedient to them in the execution thereof, as they ought to be to
us, whose person he represents, under pain of disobedience and
rebellion: And because it may be, that some to be transported to
the said places may be refractory, and will refuse to go to the
same places,[Pg 43]
or will resist the said Sir William, and his aforesaid, it is
therefore, our pleasure, that all sheriffs, seneschals, bailiffs of
regalities, justices of the peace, mayors, and bailiffs of towns,
and their officers, and ministers of justice whosoever, shall
assist, reinforce the said Sir William, and his deputies, and
others aforesaid, in all and singular the lawful things and acts
which they shall do, or intend to the aforesaid effect, in like
method, and in the same manner as if they had our special warrant
to this effect, and shall bring supplies to the same. We declare,
moreover, by the tenor of our present charter, to all Christian
Kings, Princes, and States, that if any person or persons, who in
time to come shall be of the said colonies, or of any of them, in
the said province of Nova Scotia, or any other persons under
licence and command, at any future time carrying on piracy, or any
thing unjust or undue, hostilely against any persons, being the
subjects of ourselves, or of our heirs and successors, or of other
Kings, Princes, Governors, or States in alliance with us, shall
carry off the goods of any person by sea or land, that upon such
injury so committed, or just complaint thereupon, moved by any
King, Prince, Governor, State, or their subjects aforesaid, we, our
heirs and successors, will take care that public proclamation be
made in some part of our said kingdom of Scotland, most convenient
for this effect, that the said pirate or pirates, who shall commit
such plunderings, at a fixed time, to be limited by the aforesaid
proclamations, may plenarily restore the goods whatsoever so taken
away, and in every way give satisfaction for the said injuries, so
that the said princes, and others, so complaining, shall admit
themselves to be satisfied, and that, if committing such crimes,
they shall not restore, or cause to be restored, the goods carried
off within the time limited, that then, for the future, they shall
in no wise be under our protection and safeguard, and that it shall
be lawful to all princes, and others aforesaid, hostilely to pursue
and go against those delinquents: And although there be a statute
that no nobleman or gentleman depart from this country without our
licence, nevertheless, we will that this present diploma shall be a
sufficient licence and warrant to all who shall undertake this
voyage, who are not guilty of treason, or inhibited by some other
special mandate: And also we declare and will, by the tenor of our
present charter, that no person may be permitted to depart from
this his country, for the said Nova Scotia, at any time, except
those who shall first have taken the oath of our supremacy, to
which effect we, by these presents, do give and grant to the said
Sir William, and to his aforesaid, or their conservator or
deputies, plenary power and authority to require and administer
this same oath from all persons betaking themselves to those lands
in that colony: Moreover, we, with the advice and consent
aforesaid, for ourselves and[Pg 45]
our successors, declare, decree, and ordain, that all our subjects
who shall proceed to the said Nova Scotia, or shall inhabit it, and
all their children and posterity who shall chance to be born there,
and all others adventuring thither, shall have and possess all
liberties, immunities and privileges, of free and natural subjects
of our kingdom of Scotland, or of other our dominions, as if they
had been born therein: Moreover, we, for ourselves and our
successors, do give and grant to the said Sir William Alexander,
and his aforesaid, free power of establishing, and causing to be
coined, money, for the more free commerce of the inhabitants of the
said province, of any metal, in what manner and in what form they
shall, will and prescribe for the same: And also, if any questions
or doubts upon the interpretation or construction of any clause
contained in this our present charter shall occur, they shall all
be taken and interpreted in the most ample form, and in favour of
the said Sir William, and his aforesaid: Moreover, we, of our
certain knowledge, own proper motion, regal authority and royal
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, whole and entire, the
said province and lands of Nova Scotia, with all the limits and
seas of the same, as well as minerals of gold and silver, lead,
copper, steel, tin, brass, iron, and other mines whatsoever,
margarites, precious stones, stone-quarries, woods, coppices,
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 burghs, towns, burghs of barony, sea ports, anchorages,
machines, mills, offices and jurisdictions, and all other things
generally and particularly above mentioned, into one entire and
free lordship and barony, to be called by the aforesaid name of
Nova Scotia, in all time to come: And we will, and grant, and, for
ourselves and our successors, do decree and ordain, that one
seisin, at this time, by the said Sir William, and his aforesaid,
upon any part of the soil of the said lands and province above
written, shall, in all time to come, stand, and be a sufficient
seisin for the whole region, with all parts, appendages,
privileges, casualties, liberties and immunities above mentioned,
of the same, without any other special and particular seisin, to be
taken by him, or his aforesaid, on any other part or place of the
same; concerning which seisin, and all things which have ensued
thereupon, or can ensue, we, with the advice and consent above
expressed, for ourselves and our successors, have dispensed, and,
by the tenor of our present charter, in manner under mentioned, do
dispense for ever: To hold, and to have, whole and entire, the said
region and lordship of Nova Scotia, with all the limits of the
same, within the aforesaid seas, minerals of gold and silver,
copper, steel, tin, lead, brass[Pg 47]
and iron, and other mines whatsoever; margarites, precious stones,
stone-quarries, woods, coppices, mosses, marshes, lakes, waters,
fisheries, as well in fresh waters as in salt, as well of royal
fishes as of others, cities, free burghs, free ports, towns, burghs
of barony, sea ports, anchorages, machines, mills, offices and
jurisdictions, and all other things, generally and particularly
above mentioned; and with all other privileges, liberties,
immunities and casualties, and other things above expressed, to the
aforesaid Sir William Alexander, his heirs and assigns, of us and
our successors, in free inheritance, free lordship, free barony and
regality, for ever, through all their just boundaries and limits,
as they lie in length and breadth, in houses, edifices, built and
to be built, boscages, plains, moors, marshes, highways, paths,
waters, pools, rivulets, meadows and pastures, mills, multures, and
their sequels, hawkings, huntings, fisheries, peat mosses, turf
bogs, coals, coal-pits, coneys, warrens, doves, dove-cotes,
workshops, maltkilns, breweries, and broom, woods, groves and
coppices, buried wood, timber, stone-quarries, stone and lime, with
courts, fines, pleas, heriots, unlaws, and raids of women, with
free ingress and egress, and with fork, foss, sok, sac, toll,
theme, infangtheiff, outfangtheiff, wrak, weir, veth, forestry,
venison, pit and gallows; and with all other and singular the
liberties, commodities, profits, easements, and their rightful
appurtenances whatsoever, as well not named as named, as well
beneath the earth as above the earth, far and near, belonging, or
which can in any wise justly belong, to the aforesaid region and
lordship, for the future, freely, quietly, plenarily, entirely,
honourably, well, and in peace, without any revocation,
contradiction, impediment or obstacle whatsoever; The said Sir
William Alexander, and his aforesaid, paying yearly thereout to us,
and to our heirs and successors, one penny of Scottish money upon
the soil of the said lands and province of Nova Scotia, at the
festival of the Nativity of Christ, under the name of quit rent
only, if it be demanded: And because, by the tenure of the said
lands and province of Nova Scotia, and by the aforesaid quit rent,
in default of timely and lawful entry of any heir or heirs of the
said Sir William, succeeding to him, which may with difficulty be
performed by them, on account of the far distance from this our
kingdom the same lands and province, by reason of non-entry, will
come into the hands of us or our successors, until the lawful entry
of the lawful heir: And we being unwilling that the said lands and
region should at any time fall into non-entry, or that the said Sir
William, and his aforesaid, should be so far deprived of the
benefits and profits of the same, therefore we, with the advice
aforesaid, have dispensed with the said non-entry, whensoever it
shall have occurred; and by the tenor of the same, our charter, for
ourselves and our successors, do dispense, and also[Pg 49]
have renounced and exonerated, and, by the tenor of our present
charter, with the consent aforesaid, do renounce and exonerate the
said Sir William, and his aforesaid, the aforesaid non-entry of the
said province and region, whensoever it shall come into our hands,
or fall, by reason of non-entry, with all things which can ensue
therefrom, provided, however, that the said Sir William, and his
heirs and assigns, within the space of seven years after the
decease and death of their predecessors, or entry into possession
of the said lands, and other things aforesaid, by themselves, or
their lawful procurators, to this effect empowered, do homage to us
and our successors, and come and receive, through us, the said
lands, lordship and 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 infeftment above written,
of the aforesaid lands, lordship and region of Nova Scotia, the
privileges and liberties of the same, shall be ratified, approved
and confirmed in our next Parliament of our said kingdom of
Scotland, when it shall happen, that it may therein have the force
and efficacy of a decree; with regard whereto, we, for ourselves
and our successors, declare, that this our charter shall be a
sufficient warrant; and, on the word of a Prince, we promise that
the same shall be there ratified and approved, and also to alter,
renew, and to augment and extend the same, in the most ample form,
as often as to the said Sir William, and his aforesaid, shall seem
necessary and expedient: Moreover, it hath seemed good to us, and
we command and enjoin our beloved
Our sheriffs, on this part specially constituted, in so far as to give and grant, after sight of this our charter under the Great Seal, possession and seisin, actual and real, to the aforesaid Sir William, and his aforesaid, or to their attorney or attorneys, of the lands, lordship, barony and other things aforesaid, with all privileges, immunities, liberties, and other things above expressed; which seisin, we, by the tenor of our present charter, declare to be as lawful and orderly, as if he had a precept under witness of our Great Seal, in the most ample form, with all the clauses requisite for this effect aforesaid, with regard to 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 right well-beloved cousins and councillors, James, Marquis of Hamilton, Earl of Aran and Cambridge, Lord Aven and Innerdaill; George, Earl Marischal, Lord[Pg 51] Keith, &c., Marshal of our kingdom; Alexander, Earl of Dumfermeling, Lord Fyvie and Urquhart, &c., our Chancellor; Thomas, Earl of Melros, Lord Bynning and Byres, our Secretary; our beloved familiar councillors, Sirs Richard Cokburne, the younger, of Clerkingtoun, our Keeper of the Privy Seal; George Hay of Kinfawnis, our Register of the Rolls and Clerk of the Council; John Cokburne of Ormestoun, Clerk of our Justiciary; and John Scott of Scottistarvet, our Director of the Chancery, Knights; At our castle of Windsor, the 10th day of September, anno Domini 1621, and of our reigns the fifty-fifth and nineteenth years respectively.
By Signature, by the hand of our Sovereign Lord the King, superscribed, and by the hands of our Chancellor, Treasurer, Principal Secretary, and of the other Lords, our Commissioners, and of our Privy Council of the said kingdom of Scotland, subscribed.
Writtin to the Great Seall,
29. Septemb. 1621,
Sealed at Edinburgh,
DECORATION OF NOVA SCOTIA BARONETS
The baronets of Nova Scotia are entitled to wear the arms of Nova Scotia, in a shield of pretence, on an oval medal, hanging at a broad orange tawny riband round the neck, the cost of which appears by the following:
|"Sir Alexander Dunbar of Northfield Baronet|
|To James Cummyng, Keeper of the Lyon Records (Scotland)||Dr.|
|To the Medal of the Order of Baronet, pr discharged accot||£12 0 0|
|twelve suits of the Ribbon of the Order||1 4 0|
|a Pinchbeck gilded buckle and a square Shagreen Case||6 0|
|his proportion of the expense of advertising, postages, printing, meetings, &c.||1 1 0|
|for superintending the execution of the Medals at London pr agreement||5 5 0|
|£19 16 0|
"EDINBURGH, 14th of July, 1778.
"Received from Mr. Andrew Stewart, Junior, Writer to the Signet,
payment of the above accompt.
Following is a List of Baronets of Nova Scotia as at the Beginning of 1922, A.D.
The Duke of Roxburghe, K.T., Floors, Kelso, Roxburghshire.
The Marquess of Breadalbane, K.G., Taymouth Castle, Aberfeldy.
Sir Alexander Bosville Macdonald, Thorpe Hall, Bridlington, Yorks.
Lord Strathspey, Kia Ora, 2 Carlton Road, Putney Hill, London, S.W.
Sir Ian Colquhoun, Rossdhu, Luss, Argyllshire, Scotland.
Sir Norman Leslie, c/o Messrs. Grindlay & Co., 54 Parliament Street, London, S.W.1.
Sir Charles Stuart Forbes, Picton, Marlborough, New Zealand.
Sir George Johnston, Garlands, Ewhurst, Guildford.
Sir Thomas Burnett, Crathes Castle, Aberdeen.
Lord Moncrieff, Tulliebole Castle, Kinross.
Sir Herbert Ogilvy, Baldovan, Strathmartine, Forfarshire.
Lord Reay, Arnheim, Holland.
Lord Farnham, Farnham, Cavan, Ireland.
Marquess of Bute, Mount Stewart, Bute.
Earl of Galloway, Cumloden, Newton-Stewart, Scotland.
Lord Napier of Ettrick, Thirlestane Castle, Selkirk.
Sir George Makgill, Yaxley Hall, Suffolk.
Duke of Argyll, Inverary, Argyllshire.
Earl of Gosford, 22 Hyde Park Gardens, London, W.1.
Sir James Innes, Edengight House, Keith, Banffshire.
Sir John Hope, Pinkie House, Musselburgh.
Sir John Riddell, Hepple, Rothbury, Northumberland.
Sir John Murray of Blackbarony, 25 Queen's Ct. Terr., S. Kens., S.W.
Lord Elibank, Darnhall, Eddleston, Peebleshire.
Earl of Granard, Forbes House, Halkin Street, London, S.W.1.
Sir Michael Bruce
Earl Castlestewart, Falaise, Egham Hill, Surrey.
Sir Charles Campbell, Cheviot Hills, New Zealand.
Sir Arthur Nicolson, Brough Lodge, Fetlar, Shetland.
Sir Andrew Agnew, Lochnaw Castle, Stranraer.
Lord Sempill, Fintray House, Aberdeenshire.
Sir Edward Murray, Halifax, N.S.
Sir William Crosbie
Sir Ian R. H. Stewart-Richardson
[Pg 54] Sir William Fairlie Cuninghame, Windermere, Lucerne Flats, Marengo, N.S.W.
Sir Henry Wardlaw, 25 Pearfield Rd., Forest Hill, S.E.
Earl of Caithness, Auchmachoy, Aberdeenshire.
Sir Hume S. C. M. Gordon, 44 Park Lane, London, W.1.
Sir Fitzroy Maclean, 15 Hyde Park Terrace, London, W.1.
Sir Hector Munro, Foulis Castle, Evanto, Rosshire.
Sir Charles Liston Foulis, Fort Ternan, British East Africa.
Sir Thomas Milborne-Swinnerton-Pilkington, Chevat Park, Wakefield.
Sir Duncan Hay, Haystoun, Peebles.
Sir George Abercromby, Forglen House, Turriff, Banffshire.
Sir Graeme Sinclair Lockhart, Cambusnethan House, Wishaw.
Earl Curzon, 1 Carlton House Terrace, London, S.W.1.
Lord Carnock, 53 Cadogan Gardens, London, S.W.1.
Sir James Turing, Crocker Hill House, Chichester.
Marquess of Aberdeen and Temair, House of Cromar, Tarland, Aberdeenshire.
Sir Robert Hamilton, Avon Cliff, Stratford-on-Avon.
Earl of Rosebery, Dalmeny House, Linlithgowshire.
Earl of Southesk, Kinnaird Castle, Brechin.
Sir Lewis Hay, 6 Ravelston Park, Edinburgh.
Sir Bruce Seton, 12 Grosvenor Crescent, Edinburgh.
Earl of Stair, Oxenfoord Castle, Ford, Midlothian.
Sir Charles Hope Dunbar, St. Mary's Isle, Kirkcudbright.
Sir John Hume Campbell, Purves, Greenlaw, Berwickshire.
Sir James Malcolm, Tostock Place, Suffolk.
Earl of Carnwath, 36 Clanricarde Gardens, London, S.W.1.
Earl of Rosslyn, 107 Westbourne Terrace, London, W.2.
Sir George Stirling, Glorat, Milton of Campsie, Stirlingshire.
Sir Alex. Milliken Napier, 56 Eaton Place, S.W.1.
Sir Arthur Eliott, 40 Bryanston Street, London W.1.
Sir James Ramsay, Banff, Alyth, Perthshire.
Sir Michael Shaw Stewart, Ardgowan, Inverkip, Renfrewshire.
Sir John Don Wauchope, Edmonstone, Midlothian.
Sir John Campbell, of Aberuchill, Kilbryde Castle, Dunblane.
Marquess of Queensberry
Sir Robert Barclay, 6 Avenue Marceau, Paris.
Sir William Dick Cunyngham, Prestonfield, Edinburgh.
Sir James Home, 28 Cranley Gardens, London, S.W.7.
Sir Robert Cockburn, 4 Lansdowne Crescent, Bath.
Sir Thomas Cuninghame, Kirktonholm, Lanarkshire.
Sir Charles Lockhart Ross, Balnagowan Castle, Kildary, Rosshire.
Sir Alexander Jardine, Beechgrove House, Annan.
[Pg 55] Sir Patrick Keith Murray, Ochtertyre, Crieff, Perthshire.
Sir Arthur Mackenzie, Coul House, Strathpeffer.
Sir William Stirling Hamilton, Woodgates, Southwater, Horsham, Sussex.
Sir George Clerk, Penicuick House, Midlothian.
Earl of Lauderdale, Thirlestane Castle, Lauder.
Sir Herbert Maxwell, Monreith, Whauphill, Wigtonshire.
Sir John Stirling Maxwell, Pollok, Renfrewshire.
Sir Alexander Bannerman, 7 Sloan Avenue, London, S.W.3.
Sir Norman Pringle, Newhall, Galashiels.
Sir Ivor Keron Maxwell, Springhill House, Burgh Heath, Surrey.
Sir Alexander Sharp Bethune, Crestweeke, Winchester.
Sir John Seton, Cushnie House, Alford, Aberdeenshire.
Sir Robert Grierson, Rockhall, Lag, Dumfrieshire.
Sir Charles Kirkpatrick
Sir James Wilkie Dalyel, Foulden House, Berwick.
Sir Robert Moncrieffe, Moncreiffe House, Bridge of Earn.
Sir James Broun, Colstoun, Gunnedah, Nandwear, N.S.W.
Sir David Kinloch, 20 Eaton Place, London, S.W.1.
Sir John Hall, 20 Dorset Square, London, N.W.1.
Sir Ludovic Grant, 4 Belgrave Crescent, Edinburgh.
Sir William Dunbar, Mochrum Park, Kirkcowan, Wigtownshire.
Sir Ralph Anstruther, Balcaskie, Pittenweem, Fife.
Sir William Gardiner Baird, Glendalough, North Berwick.
Sir George Dunbar, Inverness House, Porchester Terrace, London, W.2.
Marquess of Linlithgow, Hopetoun House, Linlithgowshire.
Sir Hew Hamilton-Dalrymple, Ludrie, North Berwick, Haddingtonshire.
Sir Windham Carmichael-Anstruther, Carmichael House, Thankerton, Lanarkshire.
Sir Archibald Dunbar
The Earl of Minto, Minto House, Hawick.
Sir George Johnston, Castle Rock, West Cowes, Isle of Wight.
Sir Percy Cunynhame, 25 Cheyne Gardens, London, S.W.
Sir George Grant Suttie, Balgonie, East Lothian.
Lord Carmichael, Skirling, Peebleshire.
Sir William Hay, 111 Clausen Street, North Fitzroy, Melbourne, Australia.
Sir James Mackenzie, c/o Sir C. R. Macgregor & Co., 39 Panton St., London, S.W.
General Sir Charles Fergusson, Kilkerran, Maybole, Ayrshire.
Sir John Sinclair, Barrock House, Wick, Caithnesshire.
Sir Arthur Grant, House of Monymusk, Aberdeenshire.
Sir Robert Gordon, Glenkens, Afton Street, Orange, N.S.W.
Sir James Naesmyth, 30 York Place, Edinburgh.
Following is a list of books, among others, consulted in the preparation of this Address:
Acadia, Hannay. Chapter VI.
Acadiensis. St. John, N.B. Vol. I., No. 3, p. 126. Vol. V., No. 1, pp. 10-15, 24, 37; No. 4, 278.
Acts of the Parliament of Scotland. Vol. V., p. 43.
Alexander, General William, Life of. Dr. W. A. Duer. New Jersey Hist. Soc. New York, 1847, p. 27.
Alexander, Sir William, and American Colonization. Rev. Edmund F. Slafter, A.M., Boston: Prince Society, 1873.
Alexander, Sir William. Poems. Kastner and Chapman. Manchester University Press, 1920, and various other editions.
Baillie, Robert. Letters and Journals. Edinburgh, 1841. Vol. I., pp. 443-447. Vol. III., p. 529.
Balfour's Historical Works. Edinburgh, 1824. Vol. II., p. 202.
Bay Colony, The. 1624-1649. Northend. Boston, 1896.
Biographical History of London. 1769. Vol. II., p. 500.
Biography of Eminent Scotsmen. Robert Chambers. Vol. I., p. 43.
Brief Relations. Mass. Hist. Soc. Coll. XIX., p. 5.
British North America. Joseph Bouchette. Vol. I., p. 4.
Ibid., A Wyatt Tilby. London, 1911. Vol. III., pp. 286-290.
Calendar State Papers, Col. Series, 1574-1660. Sainsbury, p. 119.
Canada, Histoire du. L'Abbe Brasseur. Paris, 1852. Vol. II.
Canada, History of. McMullen. Brockville, 1892. Vol. I.
Canadensis. Paris, 1664. pp. 15, 46.
Cape Breton, Colonization of (New Galloway). Sir Robert Gordon of Lochinvar. Edinburgh, John Wreittonn, 1625. (Bannatyne Coll. David Laing, Edin., 1867).
Cape Breton, Early Settlers in. Mrs. Charles Archibald, N.S. Hist. Coll. 1914. Vol. VIII.
Cape Breton, The Island of. Richard Brown, F.G.S., F.R.G.S. London, 1869.
Chambers' Ency. of English Literature. Vol. I., p. 158.
Clan Donald. Revs. Angus and Archibald Macdonald. Inverness, 1900. Vol. II., pp. 58-80; 1904, Vol. III., p. 189.
Coins, Royal Letters. Charters and Tracts (Laing). Edinburgh 1867, p. 72.
Colonie Française en Canada, Histoire du. Tome I., pp. 230-231.
Court and Times of Charles I. Thomas Birch, D.D. London, 1849. Vol. II. pp. 60, 90.
Drummond's History of Scotland. London, 1682. pp. 380, 386, 388.
Drummond. William of Hawthornden. Edinburgh, 1711, p. 150.
Dutch Founding of New York. Janvier, New York and London, 1903.
Early Trading Companies of New France. Biggar Toronto. 1901. p. 121 et seq.
Edinburgh, Traditions of. Robert Chambers. Edinburgh, 1856, p. 248.
Encouragement to Colonies. Sir William Alexander. London, 1624.
First English Conquest of Canada. Henry Kirke. London, 1871, p. 49.
Gorge's Briefe Narration. London, 1658, p. 38.
Hakluyt's Voyages. London, 1810. Vol. III. pp. 27, 30.
Hume, Alexander. Rev. R. Menzies Ferguson, D.D.
Ireland, History of. Thomas Wright. London. 1848, p. 604.
Lives of the Scottish Poets. David Irving. Edinburgh, 1804.
Logie, Parish of. Rev. R. Menzies Ferguson, D.D.
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Maryland. McSherry and James. Baltimore, 1904.
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New England, History of. Dr. Palfrey. Boston, 1859. Vol. I., p. 604.
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[Pg 58]Peerage of Scotland. Sir Robert Douglas.
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 See Map II. app.
 See Charter in full, app.
 Reg. Mag. Sig. B. 50, N. 36.
 Sic in Reg.—should be subditos nostros.
 In Reg. Mag. Sigilli mariis.
 In Reg. Mag. Sigillis introitu.
 In the Regist. Mag. Sigilli the names of the witnesses are not given, but only a reference, as specified in an earlier Charter in the Record. The indorsement of the Charter, "Writtin, &c.," of course is not found in the Register itself.
 Or, provided they do homage to us and to our successors and enter upon the said lands, dominion and barony and other things aforesaid and be received by and through us according to the laws of our said kingdom of Scotland.
Hyphenation, spelling and grammar have been preserved as in the original.
The following changes have been made to the text:-
Page 1 "L.L.D." changed to "LL.D."
Page 3 "ACHIEVEMENTS" changed to "ACHIEVEMENT"
Page 3 Contents page amended to correct page numbers.
Page 6 "TRANSLATIONS" changed to "TRANSACTIONS"
Page 11 "commerical and political" changed to "commercial and political"
Page 16 "by the grantsof titles" changed to "by the grants of titles"
Page 22 "contributed the man and the women" changed to "contributed the men
and the women"
Page 26 "magno fluvio de Cannada" changed to "magno fluvio de Canada"
Page 26 "vulgo south-south-eist" changed to "vulgo south-south-east"
Page 27 "and thence south eastward" changed to "and thence south-eastward"
Page 40 "armamentaria lie blokhouss aliaque aedificia" changed to
"armamentaria lie blokhousis aliaque aedificia"
Page 50 "29. Septemb. 1621." changed to "29. Septemb. 1621,"
Page 51 "the 10th day of Stepember" changed to "the 10th day of September"
Page 51 "George Hay of Kinfawins" changed to "George Hay of Kinfawnis"
Page 51 blank line removed after "Sealed at Edinburgh,"
Page 53 "London, S.W.I." changed to "London, S.W.1."
Page 53 "London, W.I." changed to "London, W.1."
Page 54 Inconsistent spaces removed from London postal districts.
Page 56 "Calandar State Papers" changed to "Calendar State Papers"