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Title: Nova Scotia: The Royal Charter of 1621 to
   Sir William Alexander
Author: Fraser, Alexander (1860-1936)
Date of first publication: 1922
Edition used as base for this ebook:
   Toronto: University of Toronto Press, 1922
   ["Reprinted from the Transactions of the
   Royal Canadian Institute, Vol. XIV, Part 1"]
Date first posted: 1 February 2011
Date last updated: 1 February 2011
Project Gutenberg Canada ebook #712

This ebook was produced by James Wright
& the Online Distributed Proofreading Canada Team
at http://www.pgdpcanada.net

This ebook was produced from images generously made
available by the Internet Archive/University of Toronto
- Robarts Library






                             NOVA SCOTIA

                     THE ROYAL CHARTER OF 1621

                                TO

                       SIR WILLIAM ALEXANDER

                           ADDRESS BY

                COLONEL ALEXANDER FRASER, LL.D.

      _Reprinted from the Transactions of the Royal Canadian
                  Institute, Vol. XIV, Part 1._


                  UNIVERSITY OF TORONTO PRESS

                                1922




CONTENTS

Prefatory Note                                              5
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
Outfit expense                                             52
Baronets of Nova Scotia                                    53
Partial Bibliography                                       56

ILLUSTRATIONS

Frontispiece: Portrait of Sir William Alexander
Armorial Achievement of Nova Scotia                         9
Arms of Nova Scotia                                        13
Modern Arms of Nova Scotia                                 13
Decoration of Baronets of Nova Scotia                      16
Maps of the 1621 grant of Nova Scotia              18, 19, 21
    to Sir William Alexander





                          PREFATORY NOTE


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.
                                                             A. F.

Toronto, 1921.




  TRANSACTIONS OF THE ROYAL CANADIAN INSTITUTE. VOL. XIV, PLATE 1.


      [Illustration: SIR WILLIAM ALEXANDER, EARL OF STIRLING]





                          NOVA SCOTIA:

                  THE ROYAL CHARTER OF 1621

               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 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, 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.


[Illustration: Armorial Achievement of Nova Scotia

North American savage supporter as depicted by armorial artists.
Edinburgh early 17th Century]


Alexander's confidential position at court enabled him to become
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 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 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
     Gasp, 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.[1] 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:


     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.[2]


[Illustration: The Arms of Nova Scotia]

[Illustration: Modern Arms of Nova Scotia]


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 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 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.


[Illustration: Badge of the Baronets of Nova Scotia]


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 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.


[Map: 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
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 abiding interest in the prosperity of the country that could
scarcely be hoped for in any other way.


[Map: Les Limites de la Nouvelle Ecosse suivant la concession
      fait par Jacques I^{er} en faveur de Guillaume Alexandre le 10
      Septembre, 1621, sont entoures 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 than
before, to whom we may draw near by retiring ourselves further from
hence."


[Map: 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 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.


[Footnote 1: See Map II. app.]
[Footnote 2: See Charter in full, app.]




                             APPENDIX I.

CARTA DOMINI WILLELMI ALEXANDRI EQUITIS DOMINII ET BARONI NOV SCOTI
               IN AMERICA. 10 SEPTEMBRIS 1621.[3]


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 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
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 vel eorum deputatos nostros
HREDITARIOS 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 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 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 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 nostri[4] 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 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 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 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 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[5] 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 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
non-introitu[6] 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 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[7] 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 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,
         J. SCOTT,
           _gratis_.
      Sigellat. Edinburgi,
      29. Septemb. 1621,
          JA. RAITHE,
              _gr_^s.


[Footnote 3: Reg. Mag. Sig. B. 50, N. 36.]
[Footnote 4: Sic in Reg.--should be _subditos nostros_.]
[Footnote 5: In Reg. Mag. Sigilli _mariis_.]
[Footnote 6: In Reg. Mag. Sigillis _introitu_.]
[Footnote 7: 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.]





                             APPENDIX I.

     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 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 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 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
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 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 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
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 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, 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 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 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 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[8]: 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 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,
           J. SCOTT,
           _gratis_.
      Sealed at Edinburgh,
         JA. RAITHE,
            _gr_^s.

[Footnote 8: 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.]




APPENDIX II

DECORATION OF NOVA SCOTIA BARONETS[9]


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.

                        "(Signed)      JAMES CUMMYNG."


[Footnote 9: Dunbar.]




                            APPENDIX III.

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
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.
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.




                            APPENDIX IV.

                       PARTIAL BIBLIOGRAPHY


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 Franaise 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.

Long Island, History of. New York. 1843. Vol. I., p. 311.


Maryland. Bozman. Baltimore, 1837. Vols. I. and II.

Maryland. McSherry and James. Baltimore, 1904.

Massachusetts Bay. Hutchinson. Boston, 1690.

Massachusetts, History of. Hutchinson. Boston. 1795. Vol. I., p. 3.


New England. Winthrop. Boston, 1853. Vol I., p. 277. Vol. II.,
    p. 5.

New England, History of. Dr. Palfrey. Boston, 1859. Vol. I., p. 604.

New England, Record of Council. Am. Antiq. Soc. Proceedings. 1867,
    pp. 118, 131.

New France, History of. Lescarbot. Paris, 1866. Vol. II., pp. 408,
    414.

New York Colonial Doc. Vol. III. pp. 1-2.

Nien Nederland (Murphy's Translation). New York, 1849, p. 25.

North America, The Colonization of. 1492-1783. Bolton and Marshall.
    New York, 1921, pp. 150, 272, 421.

Nova Scotia. Judge Haliburton. Halifax, 1829. Vol. I., pp. 45, 80.

Nova Scotia. Murdoch. Halifax. 1865. Vol. I., pp. 65-97; Vol. II.,
    p. 90.

Nova Scotia, The Conduct of the French Settlers with regard to, from
    its first settlement to the present time, in a letter to a Member of
    Parliament, London, 1754, pp. 4 et seq.


Peerage of Scotland. Sir Robert Douglas.

Pennsylvania. Thos. F. Gordon. Philadelphia, 1829.

Pennsylvania, Colony and Commonwealth. Fisher. Philadelphia, 1897.

Pilgrim Fathers. Bartlett. London, 1853.

Pilgrim Republic, The. 1620. Goodwin. Boston, 1888.

Pioneers of France in the New World. Francis Parkman. Boston,
    1865.

Political Annals of the Present United Colonies. George Chambers.
    London, 1780. Book I., pp. 92, 93.

Prince Annals. Boston, 1826, p. 416.

Purchas's Pilgrimages. London, 1614, pp. 769, 775, etc.; _ibid._, 1625.
    Vol. IV., p. 1837.


Royal Letters Charters and Tracts. Bannatyne Club. Edinburgh,
    1867.

Royal Society of Canada. 1892. Vol. X. Rev. George Patterson,
    Sec. II. pp. 79-107.

    _Ibid._, Vol. VII. Mackenzie, 1901, pp. 88, 137;

    _Ibid._, Ganong. pp. 140-449.

Rushforth's Hist. Coll. London, 1680. Vol. II., p. 25.


Sandford's Works and Lives of the British Poets. Philadelphia, 1819.
    Vol. IV., p. 301.

Scot in America, The. Peter Ross, LL.D. New York, 1896, pp. 45-48.

Scot in British North America, The. W. J. Rattray. Toronto, 1880.
    Vol. I., pp. 231 et seq.

Scotland and the Scots. Peter Ross. New York, 1889, pp. 242-244.

Scotland, Antiquities of. Billing. Vol. IV.

Scotland, Domestic Annals of. By Robert Chambers. Edinburgh, 1858.
    Vol. II., p. 128.

Scotland, Episcopal Church of. Lawson. Edinburgh, 1844, p. 492.

Scotland, History of. J. Hill Burton. Edinburgh, 1871.

Scotsman in Canada, The. Wilfrid Campbell, LL.D. Toronto, 1911,
    pp. 68-92, 235, 249, 250.

Select Charters Illustrative of American History. Macdonald. New
    York, 1906.

Somer's Collection. Ed. Walter Scott, Esq. 1809. Vol. II., p. 252.

Southwold, Index to. Moore. New York, 1868, p. 16.


Traits and Stories of Scottish People. Rev. Charles Rogers. London,
    1867, p. 273.


Transcriber's Notes:

Appendix I. The parallel Latin and English texts have been replaced by
continuous Latin followed by continuous English text.

Original hyphenation, spelling and grammar have been preserved.

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 "George Hay of Kinfawins" changed to "George Hay of Kinfawnis"
Page 51 "the 10th day of Stepember" changed to "the 10th day of September"
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"




[End of Nova Scotia: The Royal Charter of 1621 to
Sir William Alexander, by Alexander Fraser]
