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

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CONTENTS

ILLUSTRATIONS

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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.

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

Sir William Alexander, Earl of Stirling

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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[Pg 8] St. Andrews or Glasgow University (both are mentioned) and Leyden, travelled abroad in France, Spain and Italy with the young Earl of Argyll—afterwards a powerful Scottish noble—who later introduced him to Court. He was appointed tutor to Prince Henry of Scotland, and before long won the personal favour of King James.

Nowhere was the expected death of the eccentric Elizabeth awaited with more interested anxiety than in Scotland in whose ancient royal house lay the succession to the English throne. James, more eccentric than the English Queen and almost equally famous, was feverishly waiting for the news, and when he crossed the border (in 1603), many of his countrymen were in his train, among them the poet-tutor of Prince Henry.

James' accession touched two great eras in British history. The full-orbed splendour of the Elizabethan age was lingering in the west, and the rosy-fingered dawn of the epochal seventeenth century gleamed above its glorified eastern horizon. The genius of Milton and Shakespeare reigned over the republic of letters; the chivalry of Sidney and Raleigh still touched the imagination of fashionable men and women; Drake, Cavendish and Gilbert gave zest and ardour to maritime enterprise; and the wealth of Ormus and of Ind waited on the galleons of the awakening nations; while the skill of the master-artists in political intrigue was exercised under the influence of the dominant Cecil, and was already taking the form of what was to be a binding tradition. Into this current of affairs, in the vigour of mature manhood, Alexander was drawn, with exceptional opportunities of observing and learning. He learned well. His rise in London was rapid. He became a gentleman extraordinary of Prince Henry's private chamber; Master of the Household and received, in 1609, the honour of Knighthood. The Prince died in 1612 and in the year following Alexander was selected to be one of the Gentlemen Ushers of the Presence to Prince Charles, afterwards Charles I., and in 1614 was appointed to the difficult and onerous office of Master of Requests, the duties of which brought him into delicate and close relations with not a few of his influential fellow-countrymen. With some of them he made useful friendships which he turned to account when his most promising opportunity arrived. Meanwhile he retained the goodwill of his sovereign, who appreciated his literary pursuits, collaborated with him in a metrical version of the psalms of David, and reposed in him an implicit confidence.

The great movement of the time was the plantation of overseas colonies. It began in the reign of Elizabeth, who granted to Sir Humphrey Gilbert and Sir Walter Raleigh patents of discovery and colonization resulting in the nominal acquisition of North Carolina and Virginia,[Pg 9] and the new century was ushered in by Gosnold's eventful voyage. Then came the Virginian Charters and the beginning of the rills that with increasing and accumulating flow marked the expansion of England into the great empire over which floats our own flag to-day. These throbbings of ambition stand to the credit of the great Englanders of the seventeenth century, but it is only fair to state that the first Stuart King of England, "the wisest fool in Europe," understood, appreciated and effectively encouraged the commercial and colonizing aspirations of his enterprising subjects, and that without his unfailing interest some of the great opportunities of the time might have been diverted or missed. Before the close of 1620 the patent for New England was issued, and the Mayflower Compact, extending from the 40th to the 48th degree of North latitude and westward from the Atlantic to the Pacific Oceans, was signed and sealed at Cape Cod.

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

Alexander's confidential position at court enabled him to become[Pg 10] familiar with, and to form a favourable estimate of, these projects and consequently, when he was consulted by the King as to the removal of the French, who had been dispersed by Captain Argall from Port Royal—within New England territory—he saw the possibilities of the situation, and conceived the idea of founding a Scottish settlement in the new world. Already there were in existence New Spain, New France, New Holland, New England; why not a New Scotland? "Fertile in device and expert in execution, and of an unswerving tenacity of purpose," as he has been described by Charles Rogers, he lost no time to give his idea practical effect. In this resolve he was encouraged by Captain John Mason, Governor of Newfoundland, who had acquired a knowledge of the unsettled and conjested conditions in the islands and on the west coast of Scotland, when associated with Bishop Knox in suppressing lawlessness arising from clan feuds in these parts, and by Ferdinando Gorges, Governor of New Plymouth, who had had experience in colonization, and through whose influence later on the Charter rights of the New England Company over Acadia were surrendered to permit a re-grant of the lands to Alexander. To these circumstances Nova Scotia owes both its origin and its historical connection with Scotland, which has stood, and stands, for so much in the spiritual and material welfare of the Province. While Alexander's scheme was designed primarily to further his own fortune, it does not necessarily follow that he was devoid of patriotic motives, or that he was indifferent to the benefits which ought to acrue to his native land from a flourishing overseas colony. He purposed to provide an outlet for Scottish enterprise for the advantage and the credit of Scotland; hence, the name, "New Scotland." King James viewed Alexander's application with favour. The King had singular and consistent faith in colonizing as a means of increasing the national prosperity; and in so far as it might provide new industries and new opportunities for labour, he believed in its power as a civilizing agency. An interesting event in his Scottish reign, in this latter respect, was his attempt to restore and maintain law and order in the Hebridean Isles. In the year 1598 he granted the forfeited lands of the Lewis, Harris, Dunvegan and Glenelg to an Association of Lowland gentlemen (known popularly as the "Fife Adventurers"), for the purpose of reducing the turbulent clans to obedience to the laws, by furnishing to the people peaceful, industrial employment. The methods of carrying the project into effect rather than the demerit of the conception, may have caused its failure, but the failure of repeated efforts did not weaken James' confidence. The tenacity with which they held to opinions formed in youth by the precept of tutor or by the example of parent was a striking characteristic of the last four Stuart kings. They counted no price too[Pg 11] high, no violation of good faith too base if such would promote and establish the principles they conscientiously entertained and in which they believed, whether pertaining to Church or State. In this, indeed, they were conspicuously true to the Scottish type, whether of the persecuted or the persecuting class; alternately coercing or resisting, as the case for the moment might be.

After his accession to the English crown James found fields in America more promising than those he had essayed in the Hebrides, and therefore, in complying with Sir William Alexander's request, he had the double satisfaction of gratifying a friend and of once more indulging in a favourite policy. The application was made direct to the King, who, in turn, recommended it to the Lord Chancellor and Privy Council of Scotland in terms that left no doubt as to the royal will. The form of the King's letter is in itself an interesting thing. After the formal salutation and greeting it proceeds, in part:—

Having ever been ready to embrace any good occasion whereby the honour or profit of our Kingdom may be advanced, and considering that no kind of conquest can be more easy and innocent than that which proceeds from plantations specially in a country commodious for men to live in, yet remaining altogether desert or at least only inhabited by infidels the conversion of whom to the Christian faith (intended by this means) might tend much to the glory of God—considering how populous our Kingdom (Scotland) is at this present and the necessity that idle people should be employed, preventing worse courses—there are many that might be spared, of minds as resolute and of bodies as able to overcome the difficulties that such adventures must at first encounter—the enterprise doth crave the transportation of nothing but only men, women, cattle, and victuals, and not of money, and may give a good return of a new trade at this time when traffic is so much decayed. Therefore we have the more willingly hearkened to Sir William Alexander who has made choice of lands lying between New England and Newfoundland, both the Governors whereof have encouraged him thereunto.

The King's good faith with respect to his expressed desire to confer a benefit on Scotland need not be questioned, for he was not devoid of a friendly sentiment towards the ancient patrimony of his house; nor need we doubt his sincerity with respect to the Christianizing of the Indians, such being a professed object of territorial expansion at the time. Thus the Charters of 1606 to the Plymouth and Virginian Companies, that of 1609 to the Companies of London, and others, were, in this respect, but following in the line of those granted by the Spanish and French kings. The fact itself is worth noting. Notwithstanding the proved genuineness of Champlain's desire to spread the Gospel, and the sincerity of Columbus' prayers when he took possession, in the name of God, of the lands he had discovered, commercial and political considerations were the main incentive to colonization, and the conversion of the native tribes as placed in the forefront of the royal charters[Pg 12] seems incongruous. The practice may have continued merely as a venerated tradition from the time when the Vatican could effectively intervene in territorial disputes concerning old and new world lands. It was not an anachronism that the Spanish title to the discoveries of Columbus were arbitrated by Pope Alexander VI., and it may be true that the dissolving grandeur of an ancient power still more or less influenced the mind of Europe.

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

The lands and islands within the promontory of Cape Sable, westward to the roadstead of St. Mary, crossing its entrance or mouth of that roadstead to the St. Croix River, following to its remotest source, from that indefinite place, direct north to the St. Lawrence; eastward along the south shore of that river to Cape Gaspé, then south-southeast to the right of the Bacalaos Isles, onward to the mouth of the Gulf at the northernmost point of Cape Breton and from there southward to and including Sable Island, and to the starting point of that Cape.

This territory may be described approximately as the present day Nova Scotia, New Brunswick, part of the State of Maine and part of the Province of Quebec.[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:[Pg 13]

The conveyance of all the natural resources—all the minerals which (except for a tenth royalty on gold and silver) were to be untaxable; woods and forests, without restrictions; fisheries in fresh and salt waters; the spoils of the chase; all with full powers, privileges and jurisdiction of free royalty for ever.

The granting, sub-letting and settling of lands; forming municipalities, with ports of entry, free ports, markets, tollages, anchor dues, customs; to appoint officers for the public service and to make ordinances for the regulation of trade and commerce.

The Administration of Justice—to establish justiciary and Admiralty Courts, to administer criminal and civil laws, as in Scotland, and to represent the Crown in the matter of defence or offence by arms in case of sedition, invasion or rebellion.

The exercise of patronage to church benefices.

The power to coin and regulate money in the interest of a free movement of trade and commerce.

Settlers, their children and posterity were entitled to enjoy all the liberties, rights and privileges of free and native subjects of Scotland, or of other English dominions "as if they had been born there."

These were the main points of the Charter from a business point of view.[2]

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Sir William was appointed Lieutenant-General of the Province and this office was made hereditary. A Common Seal, pertaining to the office of justiciary and Admiralty, was provided for. On one side of it, the Royal Arms were to be engraved with the words on the circle and margin thereof: "Sigillum Regis Scotiae Angliae Franciae et Hyberniae." and on the other side the image of the sovereign with the words: "Pro Novae Scotiae Locum Tenente."

The Province was incorporated in one entire and free barony which was to be called in all future time by the name "New Scotland"—"In unam integram et liberum dominium et baroniam per praedictum nomen Novae Scotiae omni tempore futuro appellandum." Provision was made for Sasine, enfeoffment, for the ratification of the Charter by the Scottish Parliament, and a promise was given of its renewal and enlargement to meet changing conditions. The quit-rent to the Crown was to be an annual payment of one penny of Scottish money on demand. The nature of this condition has been misapprehended by some writers who, in the moiety find evidence of improper alienation of the public domain, overlooking the fact that it was but the nominal superiority fee, having, nor intending to have, any relation to the monetary value, or the public policy involved in the transaction, which were based on entirely different considerations. The real and decidedly onerous condition of the tenure was the settlement by Scottish emigrants of the lands, so granted, in default of which the Charter would lapse. To some of us this principle might appear to be unsound, but it is in accord with the practice on which large business then proceeded, on which, indeed, the foundations of Empire were laid, and, mutatis mutandis, with the practice in our own day except in so far as the principle of public ownership has been applied.

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

That Sir William Alexander appreciated the difficulties involved in taking up his patent is evident from the fact that he had in advance sought the help of useful friends in Scotland. Perhaps nowhere could be found a more desirable class of settlers than among the Scottish borderers—a hardy, healthy race, inured to toil, not unfamiliar with the use of weapons of defence, or offence, if need be, and in sufficient numbers to be drawn upon without serious disturbance or loss to existing local industries. His first step, therefore, was to enlist the co-operation of his friend, Sir Robert Gordon of Lochinvar, from whose estates in the Stewarty of Kirkcudbright, it was expected a large number of emigrants might be obtained. To secure Sir Robert's interest Alexander[Pg 15] surrendered the part of his barony, comprising Cape Breton, for which a Crown grant was then given to Sir Robert Gordon and to his second son, Robert, conjointly, with the name "New Galloway." Association with Scotland was sought to be further strengthened by appealing to the national sentiment through the subtle influence of Scottish place-names. The Solway, the Tweed, the Forth and the Clyde, gave their names to New Scotland rivers. The "Province of Alexandria" was personal, but there could be no mistake as to the national character of the "Province of Caledonia" and the barony of "New Galloway." A Presbyterian clergyman and one artizan only joined the party of farm labourers at Kirkcudbright and the vessel left in June, 1622, less than a year after the date of the Charter. The party was detained at the Isle of Man until the month of August, and the promised land was not sighted until about the middle of September, when a storm prevented a landing and the vessel was driven back to Newfoundland, where the passengers wintered. The ship had been meagerly fitted out; money was scarce, and provisions short, so it was necessary to send the vessel back to England for fresh supplies. The clergyman and the artizan died; the labourers scattered to find employment among the fisheries, and the next year, when a ship arrived at St. John with additional settlers the original party could not be assembled. A party of ten was selected to visit New Scotland and to report on the prospects of settlement. The result was encouraging, and they returned to England. Their report, which was published by Sir William with an appeal for emigrants, is now a valuable Canadian historical pamphlet. These two attempts at colonizing practically ruined Sir William financially and the estimated loss of £6,000 sterling was made a public charge on the exchequer, but never was discharged. It was then he bethought himself of the King's success in raising £225,000 by the sale of Ulster Baronetcies (in 1613) to two hundred and five English gentlemen. Might not what succeeded so well in the plantation of the North of Ireland be repeated with comparative success for New Scotland. The Scottish lairds and gentry were a poorer class than the affluent English squires so the price was proportionately reduced, i.e., from £1,100 to £166 (3,000 marks) each, which sums were to be applied to settlement expenses exclusively under the personal check of the subscriber. We are apt to be shocked at this means of raising money, but "tempora mutantur nos et mutamur in illis." There was a time in England when chivalry was rewarded by a lady's smile, and a time when renowned knights drew the sword for the practical purpose of making a living, inconsistent though these two conditions may seem. There was a time also when public honours and dignities were openly appraised and ownership and precedence striven[Pg 16] for; but that was before the veil of delicacy was drawn over the entrance to the Privy Council; and long before the time when a Prime Minister of Canada persuaded himself that He was the royal fountain of honour, and possessed the right to serve out its refreshing draughts with the assistance of the party whip as cup-bearer! Those who study the records of the past at close range learn, whatever may be generally thought to the contrary, how little fundamental change takes place in human nature in the course of long centuries, notwithstanding the change of environment and of manners. No public conscience was shocked by the grants of titles in the reign of James or of his successor, at a set price; the money obtained in this way going to the support of schemes for the public good.

Before the measure became effective James the VIth died. Two months later the first baronets of New Scotland were created. They deserve to be mentioned as the first members of a great social order which has left a deep impression, if not directly on Canadian, at least, on Scottish life. They were: Sir Robert Gordon, son of the Earl of Sutherland; the Earl Marischal (Keith) and Alexander Strachan of[Pg 17] Thornton. On the day following five names were added to the roll: Sir Duncan Campbell of Glenorchy, ancestor of the Marquis of Breadalbane; Robert Innes of Innes, ancestor of the Duke of Roxburgh; Sir John Wemyss of Wemyss, ancestor of the Earl of Wemyss; David Livingston of Dunipace and Sir William Douglas of Glenbervie. No fewer than forty-two peerages are still held by descendants of the original baronets of Nova Scotia, among them names so distinguished as those of the Marquis of Aberdeen, the Earl of Rosebery, the Earl of Minto, Lord Reay, the Duke of Abercorn, Lord Elibank, Earl Curzon of Keddleston, the Marquis of Ailsa, Macdonald of Sleat, the Earls of Cromartie, Caithness, Carnwath, and Mar and Kellie; the Duke of Queensberry, the Earls of Lauderdale and Seafield, the Marquis of Bute, and Lord Ochiltree. Forty-five chiefs of clans or heads of clan cadet families received the honour, among them being: Macdonald, Gordon, Campbell, Murray, Colquhoun, Forbes, MacKay, Stewart, Ogilvie, MacKenzie, Sinclair, Maclean, Munro, Menzies, Ross and Grant; as well as such border families as Maxwell, Douglas, Hume, Blackader, Stewart of Galloway, Riddell, Agnew and Hannay. All parts of Scotland were represented, and Scottish life and character were reflected in the roll of honour. The recipients were not selected favourites; the honour was not merely bestowed, it was besought and as we have seen, paid for. The number of titles was limited to one hundred and fifty, and during the period when colonization settlement was still hoped for (1625-1638), one hundred and thirteen titles were granted. Creations continued afterwards in a more or less desultory manner until 1707, the year of the Union of England and Scotland, when they ceased.

The country was divided into two provinces, each province into several dioceses, each diocese into ten baronies, and each barony into six parishes. Each barony was to be six by four miles in extent, fronting either the sea or a navigable river, and each baronet was to receive a grant of at least sixteen thousand acres. The social precedence was to be next to the youngest sons of Viscounts.

The conditions of settlement have been described as prohibitive. Those early days, it is true, were not the days of departmental regulations revised and improved from year to year in the light of experience, to meet varying conditions, but the terms offered do not seem to suffer by comparison with those of contemporary settlements. Sir Robert Gordon of Lochinvar for his Cape Breton estate formulated these:

The landed gentleman was to hold the soil in fee for ever.

The farmers were to hold their lands by lease.

All were to pay in kind to the Lord proprietor, after a specified time, one-thirteenth of the whole income of the land.

The artisans and craftsmen were favoured by having the rents of their lands, probably only house-lots, free during their lives, but to be subject to rent to their successors.

Reduced facsimile of the Map accompanying Sir William Alexander's pamphlet: "Encouragement to Colonies" 1630.

From Slafter's Prince Society Volume, 1878.

Alexander's intention with respect to the baronetcies was twofold; to make such a geographical distribution of the honours throughout[Pg 19] Scotland as would embrace those rural parts in which, because of an excess in the population, the major portion of the emigrants ought to be available; and, also, to include members of noble families having considerable landed interests and prestige in that kingdom. Both these classes, it was believed, would naturally be best fitted to divert either migration or overplus to the new overseas Scottish colony. Moreover, the fact that the title itself was founded on the Charter of New Scotland, and based territorially thereon, was bound to inure to a permanent and friendly interest in Nova Scotia of which the baronets and their descendants were in effect made hereditary citizens, though not compelled to reside in the country. There was, in addition to this, as a bond, the substantial grants of land given with the title. Had the project succeeded some of the most influential men in Scotland would have an[Pg 20] abiding interest in the prosperity of the country that could scarcely be hoped for in any other way.

Les Limites de la Nouvelle Ecosse suivant la concession fait par Jacques I^er en faveur de Guillaume Alexandre le 10 Septembre, 1621, sont entourées de petits points. French Commissaires.

The baronetcies, however, did not provide the necessary funds, and serious difficulties arose. Charles was as friendly disposed to Alexander as was James, but his rule brought trouble at home and abroad. The treasury was hard pressed. The public mind was becoming unsettled. Entanglements with France affected colonization adversely, and Acadia passed from one sovereignty to another with a frequent and unfailing recurrence, fatal to security of title or investment. In 1631 Charles requested Sir William Alexander, at the instance of the French Court, to remove all the people from Port Royal and deliver it up to the French. This practically meant a breaking up of the colony; for, although Charles held that he had not surrendered England's title to the lands of Acadia, a position not inconsistent with the language of the treaty under which the surrender was made; nevertheless, the King's act brought to an end Alexander's work of actual settlement in Nova Scotia.

He became Secretary of State for Scotland and attained to the peerage by the titles of Earl of Stirling and Dovan, but his great enterprise exhausted his resources and in 1649 he died financially involved.

The possibilities of that enterprise were great, and Sir William Alexander showed uncommon vision, for his day, in evolving a scheme which, under capable, business or commercial control, might have brought to Nova Scotia prosperity equal to that enjoyed in New England. Instead, we have, in his case, an example of a poet, a philosopher, an accomplished officer with dreams of empire revolving in his mind, going beyond his depth in the sea of practical business life. Yet he was a great pioneer with a prophet's faith, a promoter with the promoter's unfailing enthusiasm, a gentleman adventurer with the unbending courage of his ancient race, and a choice spirit which hope deferred was unable to break.

His motives in the undertaking were doubtless of a mixed character, but the following summing up by Alexander himself of the advantages offered by American colonization reveals, it may be supposed, his real sentiments: "The greatest encouragement of all for any true Christian is this, that here is a large way for advancing the Gospel of Jesus Christ, to whom churches may be builded in places where his name was never known; and if saints in heaven rejoice at the conversion of a sinner, what exceeding joy would it be to them to see many thousands of savage people who do now live like brute beasts, converted unto God, and I wish (leaving these dreams of honour and profit which do intoxicate the brains and impoison the mind with transitory pleasure) that this might be our chief end to begin a new life, serving God more sincerely[Pg 21] than before, to whom we may draw near by retiring ourselves further from hence."

Map showing extent of the 1621 Grant of Nova Scotia with modern topography.

His bequest to Nova Scotia was a significant name—a name in which there is much, and a political association from which much has been already derived and from which still more is to follow. When the[Pg 22] time was ripe the potency of both asserted itself, for the old connection was not, and could not be, entirely forgotten. There were those in Scotland who had never accepted the French claims of sovereign or treaty rights in their entirety, and who, with good reason, never forgave the Carolii for their ambiguous surrenders. But the time was not yet propitious. Civil and religious strife, the scaffold of Whitehall, the disastrous Restoration intervened. The results designed by the treaty of Utrecht were necessarily tardy, if not altogether unattained, yet withal, from the acorn planted by Sir William Alexander has grown the wide-spreading, sturdy oak, under whose shadow has been recently celebrated at Annapolis Royal, three hundred years of stirring history. When the time arrived—and, if we consider, the right time rarely fails to arrive—Old Scotland contributed the men and the women for whom New Scotland had so long waited, but, as we now know, in the light of events, had waited not too long; and with them religious, moral and political ideals which could not have been contributed by the Scottish people of Sir William Alexander's generation, but which later were developed, tried and refined in the superheated fiery furnace of persecution and counter persecution, in which prelacy and presbyterianism, in the wonderful but no longer inscrutable designs of divine providence, alike shared, for the now apparent purpose of establishing a strong, virtuous and tolerant populace in this favoured land which they love none the less that its name is Nova Scotia.

APPENDIX I.

CARTA DOMINI WILLELMI ALEXANDRI EQUITIS DOMINII ET BARONIÆ NOVÆ SCOTIÆ 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[Pg 26] nostri Dedimus concessimus et disposuimus tenoreque praesentis cartae nostrae damus concedimus et disponimus praefato Domino Willelmo Alexander haeredibus suis vel assignatis quibuscunque haereditarie omnes et singulas terras continentis ac insulas situatas et jacentes in America intra caput seu promontorium communiter Cap de Sable appellatum jacens prope latitudinem quadraginta trium graduum aut eo circa ab equinoctiali linea versus septentrionem a quo promontorio versus littus maris tendentes ad occidentem ad stationem Sanctae Mariae navium vulgo Sanctmareis Bay er deinceps versus septentrionem per directam lineam introitum sive ostium magnae illius stationis navium trajicientes quae excurrit in terrae orientalem plagam inter regiones Suriquorum et Etecheminorum vulgo Suriquois et Etechemines ad fluvium vulgo nomine Sanctae Crucis appellatum et ad scaturiginem remotissimam sive fontem ex occidentali parte ejusdem qui se primum praedicto fluvio immiscet unde per imaginariam directam lineam quae pergere per terram seu currere versus septentrionem concipietur ad proximam navium stationem fluvium vel scaturiginem in magno fluvio de Canada sese exonerantem et ab eo pergendo versus orientem per maris oras littorales ejusdem fluvii de Canada ad fluvium stationem navium portum aut littus communiter nomine de Gathepe vel Gaspie notum et appellatum et deinceps versus euronotum ad insulas Bacalaos vel Cap Britton vocatas relinquendo easdem insulas a dextra et voraginem dicti magni fluvii de Canada sive magnae stationis navium et terras de Newfundland cum insulis ad easdem terras pertinentibus a sinistra et deinceps ad caput sive promontorium de Cap Britton praedictum jacens prope latitudinem quadraginta quinque graduum aut eo circa et a dicto promontorio de Cap Britton versus meridiem et occidentem ad praedictum Cap Sable ubi incepit perambulatio includendo et comprehendendo intra dictas maris oras littorales ac earum circumferentias a mari ad mare omnes terras continentis cum fluminibus torrentibus sinubus littoribus insulis aut maribus jacentibus prope aut intra sex leucas ad aliquam earundem partem ex occidentali boreali vel orientali partibus orarum littoralium et praecinctuum earundem et ab euronoto (ubi jacet Cap Britton) et ex australi parte ejusdem (ubi est Cap de Sable) omnia maria ac insulas versus meridiem intra quadraginta leucas dictarum orarum littoralium earundem magnam insulam vulgariter appellatam Yle de Sable vel Sablon includendo jacentem versus Carban vulgo south-south-eist circa triginta leucas a dicto Cap Britton in mari et existentem in latitudine quadraginta quatuor graduum aut eo circa Quaequidem terrae praedictae omni tempore affuturo nomine Novae Scotiae in America gaudebunt quas etiam praefatus Dominus Willelmus in partes et portiones sicut ei visum fuerit dividet iisdemque nomina pro[Pg 28] beneplacito imponet Unacum omnibus fodinis tam regalibus auri et argenti quam aliis fodinis ferri plumbi cupri stanni aeris ac aliis mineralibus quibuscunque cum potestate effodiendi et de terra effodere causandi purificandi et repurgandi easdem et convertendi ac utendi suo proprio usui aut aliis usibus quibuscunque sicuti dicto Domino Willelmo Alexander haeredibus suis vel assignatis aut iis quos suo loco in dictis terris stabilire ipsum contigerit visum fuerit (reservando solummodo nobis et successoribus nostris decimam partem metalli vulgo oore auri et argenti quod ex terra in posterum effodietur aut lucrabitur) Relinquendo dicto Domino Willelmo suisque praedictis quodcunque ex aliis metallis cupri chalibis ferri stanni plumbi aut aliorum mineralium nos vel successores nostri quovismodo exigere possumus ut eo facilius magnos sumptus in extrahendis praefatis metallis tollerare possit Unacum magaritis vulgo pearle ac lapidibus praetiosis quibuscunque aliis lapicidinis silvis virgultis mossis marresiis lacubus aquis piscationibus tam in aqua salsa quam recenti tam regalium piscium quam aliorum venatione aucupatione commoditatibus et haereditamentis quibuscunque Unacum plenaria potestate privilegio et jurisdictione liberae regalitatis capellae et cancellariae imperpetuum cumque donatione et patronatus jure ecclesiarum capellaniarum et beneficiorum cum tenentibus tenandriis et liberetenentium servitiis earundem una cum officiis justiciariae et admiralitatis respective intra omnes bondas respective supra mentionatas Una etiam cum potestate civitates liberos burgos liberos portus villas et burgos baroniae erigendi ac fora et nundinas intra bondas dictarum terrarum constituendi curias justiciariae et admiralitatis intra limites dictarum terrarum fluviorum portuum et marium tenendi una etiam cum potestate imponendi levandi et recipiendi omnia tolonia custumas anchoragia aliasque dictorum burgorum fororum nundinarum ac liberorum portuum devorias et eisdem possidendi et gaudendi adeo libere in omnibus respectibus sicuti quivis baro major aut minor in hoc regno nostro Scotiae gavisus est aut gaudere poterit quovis tempore praeterito vel futuro cum omnibus aliis praerogativis privilegiis immunitatibus dignitatibus casualitatibus proficuis et devoriis ad dictas terras maria et bondas earundem spectantibus et pertinentibus et quae nos ipsi dare vel concedere possumus adeo libera et ampla forma sicuti nos aut aliquis nostrorum nobilium progenitorum aliquas cartas patentes literas infeofamenta donationes aut diplomata concesserunt cuivis subdito nostro cujuscunque qualitatis aut gradus cuivis societati aut communitati tales colonias in quascunque partes extraneas deducenti aut terras extraneas investiganti in adeo libera et ampla forma sicuti eadem in hac praesenti carta nostra insereretur Facimus etiam constituimus et ordinamus dictum Dominum Willelmum Alexander haeredes suos aut assignatos[Pg 30] vel eorum deputatos nostros HÆREDITARIOS LOCUMTENENTES GENERALES ad representandum nostram personam regalem tam per mare quam per terram in regionibus maris oris ac finibus praedictis in petendo dictas terras quamdiu illic manserit ac redeundo ab eisdem ad gubernandum regendum et puniendum omits nostros subditos quos ad dictas terras ire aut easdem inhabitare contigerit aut qui negotiationem cum eisdem suscipient vel in eisdem locis remanebunt ac eisdem ignoscendum et ad stabiliendum tales leges statuta constitutiones directiones instructiones formas gubernandi et magistratuum ceremonias intra dictas bondas sicut ipsi Domino Willelmo Alexander aut ejus praedictis ad gubernationem dictae regionis et ejusdem incolarum in omnibus causis tam criminalibus quam civilibus visum fuerit et easdem leges regimina formas et ceremonias alterandum et mutandum quoties sibi vel suis praedictis pro bono et commodo dictae regionis placuerit ita ut dictae leges tam legibus hujus regni nostri Scotiae quam fieri possunt sint concordes Volumus etiam ut in casu rebellionis aut seditionis legibus utatur militaribus adversus delinquentes vel imperio ipsius sese subtrahentes adeo libere sicuti aliquis locumtenens cujusvis regni nostri vel dominii virtute officii locumtenentis habent vel habere possunt excludendo omnes alios officiarios hujus regni nostri Scotiae terrestres vel maritimos qui in posterum aliquid jurisclamei commoditatis authoritatis aut interesse in et ad dictas terras aut provinciam praedictam vel aliquam inibi jurisdictionem virtute alicujus praecedentis dispositionis aut diplomatis praetendere possunt Et ut viris honesto loco natis sese ad expeditionem istam subeundam et ad coloniae plantationem in dictis terris addatur animus nos pro nobis nostrisque haeredibus et successoribus cum avisamento et consensu praedicto virtute praesentis cartae nostrae damus et concedimus liberam et plenariam potestatem praefato Domino Willelmo Alexander suisque praedictis conferendi favores privilegia munia et honores in demerentes cum plenaria potestate eisdem aut eorum alicui quos cum ipso Domino Willelmo suisque praedictis pactiones vel contractus facere pro eisdem terris contigerit sub subscriptione sua vel suorum praedictorum et sigillo intra mentionato aliquam portionem vel portiones dictarum terrarum portuum navium stationum fluviorum aut praemissorum alicujus partis disponendi et extradonandi erigendi etiam omnium generum machinas artes facultates vel scientias aut easdem exercendi in toto vel in parte sicuti ei pro bono ipsorum visum fuerit Dandi etiam concedendi et attribuendi talia officia titulos jura et potestates constituendi et designandi tales capitaneos officiarios balivos gubernatores clericos omnesque alios regalitatis baroniae et burgi officiarios aliosque ministros pro administratione justiciae intra bondas dictarum terrarum aut in via dum terras istas petunt per mare et ab[Pg 32] eisdem redeunt sicuti ei necessarium videbitur secundum qualitates conditiones et personarum merita quos in aliqua coloniarum dictae provinciae aut aliqua ejusdem parte habitare contigerit aut qui ipsorum bona vel fortunas pro commodo er incremento ejusdem periculo committent et eosdem ab officio removendi alterandi et mutandi prout ei suisque praescriptis expediens videbitur Et cum hujusmodi conatus non sine magno labore et sumptibus fiunt magnamque pecuniae largitionem requirant adeo ut privati cujusvis fortunas excedant et multorum suppetiis indigeant ob quam causam praefatus Dominus Willelmus Alexander suique praescripti cum diversis nostris subditis aliisque pro particularibus periclitationibus et susceptionibus ibidem qui forte cum eo suisque haeredibus assignatis vel deputatis pro terris piscationibus mercimoniis aut populi transportatione cum ipsorum pecoribus rebus et bonis versus dictam Novam Scotiam contractus inibunt volumus ut quicunque tales contractus cum dicto Domino Willelmo suisque praescriptis sub ipsorum subscriptionibus et sigillis expedient limitando assignando et affigendo diem et locum pro personarum bonorum et rerum ad navem deliberatione sub pena et forisfactura cujusdam monetae summae et eosdem contractus non perficient sed ipsum frustrabunt et in itinere designato ei nocebunt quod non solum dicto domino Willelmo suisque praedictis poterit esse praejudicio et nocumento verum etiam nostrae tam laudabili intentioni obstabit et detrimentum inferet tunc licitum erit praefato Domino Willelmo suisque praedictis vel eorum deputatis et conservatoribus inframentionatis in eo casu sibi suisve praedictis quos ad hunc affectum substituet omnes tales summas monetae bona et res forisfactas per talium contractuum violationem assumere Quod ut facilius fiat et legum prolixitas evitetur dedimus et concessimus tenoreque praesentis cartae nostrae damus et concedimus plenariam licentiam libertatem et potestatem dicto Domino Willelmo suisque haeredibus et assignatis praedictis eligendi nominandi assignandi ac ordinandi libertatum et privilegiorum per praesentem nostram cartam sibi suisque praedictis concessorum conservatorem qui expeditae executioni leges et statuta per ipsum suosque praedictos facta secundum potestatem ei suisque praedictis per dictam nostram cartam concessam demandabit volumusque et ordinamus potestatem dicti conservatoris in actionibus et causis ad personas versus dictam plantationem contrahentes spectantibus absolutam esse sine ulla appellatione aut procrasintatione quacunque quiquidem conservator possidebit et gaudebit omnia privilegia immunitates libertates et dignitates quascunque quae quivis conservator Scoticorum privilegiorum apud extraneos vel in Gallia Flandria aut alibi hactenus possederunt aut gavisi sunt quovis tempore praeterito Et licet omnes tales contractus inter dictum Dominum Willelmum[Pg 34] suosque praedictos et praedictos periclitatores per periclitationem et transportationem populorum cum ipsorum bonis et rebus ad statutum diem perficientur et ipse cum suis omnibus pecoribus et bonis ad littus illius provinciae animo coloniam ducendi et remanendi appellent et nihilominus postea vel omnino provinciam Novae Scotiae et ejusdem confinia sine licentia dicti Domini Willelmi ejusque praedictorum vel eorum deputatorum vel societatem et coloniam praedictam ubi primum combinati et conjuncti fuerant derelinquent et ad agrestes indigenas in locis remotis et desertis ad habitandum sese conferent quod tunc amittent et forisfacient omnes terras prius iis concessas omnia etiam bona intra omnes praedictas bondas et licitum erit praedicto Domino Willelmo suisque praedictis eadem fisco applicare et easdem terras recognoscere eademque omnia ad ipsos vel eorum aliquem quovismodo spectantia possidere et suo peculiari usui suorumque praedictorum convertere Et ut omnes dilecti nostri subditi tam regnorum nostrorum et dominiorum quam alii extranei quos ad dictas terras aut aliquam earundem partem ad mercimonia contrahenda navigare contigerit melius sciant et obedientes sint potestati et authoritati per nos in praedictum fidelem nostrum consiliarum Dominum Willelmum Alexander suosque praedictos collatae in omnibus talibus commissionibus warrantis [et] eontractibus quos quovis tempore futuro faciet concedet et constituet pro decentiori et validiori constitutione officiariorum pro gubernatione dictae coloniae concessione terrarum et executione justiciae dictos inhabitantes periclitantes deputatos factores vel assignatos tangentibus in aliqua dictarum terrarum parte vel in navigatione ad easdem terras nos cum avisamento et consensu praedicto ordinamus quod dictus Dominus Willelmus Alexander suique praedicti unum commune sigillum habebunt ad officium locumtenentis justiciariae et admiralitatis spectans quod per dictum Dominum Willelmum Alexander suosque praedictos vel per deputatos suos omni tempore affuturo custodietur in cujus uno latere nostra insignia insculpentur cum his verbis in ejusdem circulo et margine Sigillum Regis Scotiae Angliae Franciae et Hyberniae et in altero latere imago nostra nostrorumque successorum cum his verbis (Pro Novae Scotiae Locumtenente) cujus justum exemplar in manibus ac custodia dicti conservatoris remanebit quo prout occasio requiret in officio suo utetur Et cum maxime necessarium sit ut omnes dilecti nostri subditi quotquot dictam provinciam Novae Scotiae vel ejus confinia incolent in timore Omnipotentis Dei et vero ejus cultu simul vivant omni conamine nitentes Christianam religionem ibi stabilire pacem etiam et quietem cum nativis incolis et agrestibus aboriginibus earum terrarum colere (unde ipsi et eorum quilibet mercimonia ibi exercentes tuti cum oblectamento ea quae magno cum labore et periculo[Pg 36] acquisiverunt quiete possidere possint) nos pro nobis nostrisque successoribus volumus nobisque visum est per praesentis cartae nostrae tenorem dare et concedere dicto Domino Willelmo Alexander suisque praedictis et eorum deputatis vel aliquibus aliis gubernatoribus officiariis et ministris quos ipsi constituent liberam et absolutam potestatem tractandi et pacem affinitatem amicitiam et mutua colloquia operam et communicationem cum agrestibus illis aboriginibus et eorum principibus vel quibuscunque aliis regimen et potestatem in ipsos habentibus contrahendi observandi et alendi tales affinitates et colloquia quae ipsi vel sui praedicti cum iis contrahent modo foedera illa ex adversa parte per ipsos silvestres fideliter observentur quod nisi fiat arma contra ipsos sumendi quibus redigi possunt in ordinem sicuti dicto Willelmo suisque praedictis et deputatis pro honore obedientia et Dei servitio ac stabilimento defensione et conservatione authoritatis nostrae inter ipsos expediens videbitur Cum potestate etiam praedicto Domino Willelmo Alexander suisque praedictis per ipsos vel eorum deputatos substitutos vel assignatos pro ipsorum defensione [et] tutela omni tempore et omnibus justis occasionibus in posterum aggrediendi ex inopinato invadendi expellendi et armis repellendi tam per mare quam per terram omnibus modis omnes et singulos qui sine speciali licentia dicti Domini Willelmi suorumque praedictorum terras inhabitare aut mercaturam facere in dicta Novae Scotiae provincia aut quavis ejusdem parte conabuntur et similiter omnes alios quoscunque qui aliquid damni detrimenti destructionis laesionis vel invasionis contra provinciam illam aut ejusdem incolas inferre praesumunt quod ut facilius fiat licitum erit dicto Domino Willelmo suisque praedictis eorum deputatis factoribus et assignatis contributiones a periclitantibus et incolis ejusdem levare in unum cogere per proclamationes vel quovis alio ordine talibus temporibus sicuti dicto Domino Willelmo suisque praedictis expediens videbitur omnes nostros subditos intra dictos limites dictae provinciae Novae Scotiae inhabitantes et mercimonia ibidem exercentes convocare pro meliori exercituum necessariorum supplemento et populi et plantationis dictarum terrarum augmentatione et incremento Cum plenaria potestate privilegio et libertate dicto Domino Willelmo Alexander suisque praedictis per ipsos vel eorum substitutos per quaevis maria sub nostris insigniis et vexillis navigandi cum tot navibus tanti oneris et tam bene munitione viris et victualibus instructis sicuti possunt parare quovis tempore et quoties iis videbitur expediens ac omnes cujuscunque qualitatis et gradus personas subditi 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[Pg 38] militaribus quotquot voluerint aliisque commoditatibus et rebus necessariis pro usu ejusdem coloniae mutuo commercio cum nativis inhabitantibus earum provinciarum aut aliis qui cum ipsis plantatoribus mercimonia contrahent transportandi et omnes commoditates et mercimonia quae iis videbuntur necessaria in regnum nostrum Scotiae sine alicujus taxationis custumae aut impositionis pro eisdem solutione nobis vel nostris custumariis aut eorum deputatis inde portandi eosdem ab eorum officiis in hac parte pro spatio septem annorum diem datae praesentium immediate sequentium inhibendo quamquidem solam commoditatem per spatium tredecim annorum in posterum libere concessimus tenoreque praesentis cartae nostrae concedimus et disponimus dicto Domino Willelmo suisque praedictis secundum proportionem quinque pro centum postea mentionatam Et post tredecim illos annos finitos licitum erit nobis nostrisque successoribus ex omnibus bonis et mercimoniis quae ex hoc regno nostro Scotiae ad eandem provinciam vel ex ea provincia ad dictum regnum nostrum Scotiae exportabuntur vel importabuntur in quibusvis hujus regni nostri portubus per dictum Willelmum suosque praedictos tantum quinque libras pro centum secundum antiquam negotiandi morem sine ulla alia impositione taxatione custuma vel devoria ab ipsis imperpetuum levare et exigere quaquidem summa quinque librarum pro centum sic soluta per dictum Dominum Willelmum suosque praedictos aliisque nostris officiariis ad hunc effectum constitutis exinde licitum erit dicto Domino Willelmo suisque praedictis eadem bona de nostro hoc regno Scotiae in quasvis alias partes vel regiones extraneas sine alicujus alterius custumae taxationis vel devoriae solutione nobis vel nostris haeredibus aut successoribus aut aliquibus aliis transportare et avehere proviso tamen quod dicta bona intra spatium tredecim mensium post ipsarum in quovis hujus regni nostri portu appulsionem navi rursus imponantur Dando et concedendo absolutam et plenariam potestatem dicto Domino Willelmo suisque praedictis ab omnibus nostris subditis qui colonias ducere mercimonia exercere aut ad easdem terras Novae Scotiae et ab eisdem navigare voluerint praeter dictam summam nobis debitam pro bonis et mercimoniis quinque libras de centum vel ratione exportationis ex hoc regno nostro Scotiae ad provinciam Novae Scotiae vel importationis a dicta provincia ad regnum hoc nostrum Scotiae praedictum in ipsius ejusque praedictorum proprios usus sumendi levandi et recipiendi et similiter de omnibus bonis et mercimoniis quae per nostros subditos coloniarum ductores negotiatores et navigatores de dicta provincia Novae Scotiae ad quaevis nostra dominia aut alia quaevis loca exportabuntur vel a nostris regnis et aliis locis ad dictam Novam Scotiam importabuntur ultra et supra dictam summam nobis destinatam quinque libras de centum Et de bonis et mercimoniis omnium[Pg 40] extraneorum aliorumque sub nostra obedientia [minime] existentium quae vel de provincia Novae Scotiae exportabuntur vel ad eandem importabuntur ultra er supra dictam summam nobis destinatam decem libras de centum dicti Domini Willelmi suorumque praedictorum propriis usibus per tales ministros officiarios vel substitutos eorumve deputatos aut factores quos ipsi ad hunc effectum constituent et designabunt levandi sumendi ac recipiendi Et pro meliori dicti Domini Willelmi suorumque praedictorum aliorumque omnium dictorum nostrorum subditorum qui dictam Novam Scotiam inhabitare vel ibidem mercimonia exercere voluerint securitate et commoditate et generaliter omnium aliorum qui nostrae authoritati et potestati sese subdere non gravabuntur nobis visum est volumusque quod licitum erit dicto Domino Willelmo suisque praedictis unum aut plura munimina propugnacula castella loca fortia specula armamentaria lie blokhousis aliaque aedificia cum portubus et navium stationibus aedificare vel aedificari causare unacum navibus bellicis easdemque pro defensione dictorum locorum applicare sicut dicto Domino Willelmo suisque praedictis pro dicto conamine perficiendo necessarium videbitur proque ipsorum defensione militum catervas ibidem stabilire praeter praedicta supramentionata et generaliter omnia facere quae pro conquaestu augmentatione populi inhabitatione preservatione et gubernatione dictae Novae Scotiae ejusdemque orarum et territorii intra omnes hujusmodi limites pertinentias et dependentias sub nostro nomine et authoritate quodcunque nos si personaliter essemus praesentes facere potuimus licet casus specialem et strictum magis ordinem quam per praesentes praescribitur requirat cui mandato volumus et ordinamus strictissimeque praecipimus omnibus nostris justiciariis officiariis et subditis ad loca illa sese conferentibus ut sese applicent dictoque Domino Willelmo suisque praedictis in omnibus et singulis supra mentionatis earum substantiis circumstantiis et dependentiis intendant et obediant eisque in earum executione in omnibus adeo sint obedientes ut nobis cujus personam representat esse deberent sub pena disobedientiae et rebellionis Et quia fieri potest quod quidam ad dicta loca transportandi refractarii sint et ad eadem loca ire recusabunt aut dicto Domino Willelmo suisque praedictis resistent nobis igitur placet quod omnes vicecomites senescalli regalitatum ballivi pacis justiciarii praepositi et urbium ballivi eorumque officiarii et justiciae ministri quicunque dictum Dominum Willelmum suosque deputatos aliosque praedictos in omnibus et singulis legitimis rebus et factis quas facient aut intendent ad effectum praedictum similiter et eodem modo sicuti nostrum speciale warrantum ad hunc effectum haberent assistent fortisficient et eisdem suppetias ferant Declaramus insuper per praesentis cartae nostrae tenorem omnibus christianis regibus principibus[Pg 42] et statibus quod si aliquis vel aliqui qui in posterum de dictis coloniis vel de earum aliqua sit in dicta provincia Novae Scotiae vel aliqui alii sub eorum licentia vel mandato quovis tempore futuro piraticam exercentes per mare vel terram bona alicujus abstulerint vel aliquod injustum vel indebitum hostiliter contra aliquos nostros nostrorumve haeredum et successorum aut aliorum regum principum gubernatorum aut statuum in foedere nobiscum existentium subditos quod tali injuria sic oblata aut justa querela desuper mota per aliquem regem principem gubernatorem statum vel eorum subditos praedictos nos nostri haeredes et successores publicas proclamationes fieri curabimus in aliqua parte dicti regni nostri Scotiae ad hunc effectum magis commoda ut dictus pirata vel piratae qui tales rapinas committent stato tempore per praefatas proclamationes limitando plenarie restituent quaecunque bona sic ablata et pro dictis injuriis omnimodo satisfaciant ita ut dicti principes aliique sic conquaerentes satisfactos se esse reputent et quod si talia facinora committent bona ablata non restituent aut restitui faciant intra limitatum tempus quod tunc in posterum sub nostra protectione et tutela minime erunt et quod licitum erit omnibus principibus aliisque praedictis delinquentes eos hostiliter prosequi et invadere Et licet neminem nobilem aut generosum de patria hac sine licentia nostra decedere statutum sit nihilominus volumus quod praesens hoc diploma sufficiens erit licentia et warrantum omnibus qui se huic itineri commitent qui laesaemajestatis non sunt rei vel aliquo alio speciali mandato inhibiti atque etiam per praesentis cartae nostrae tenorem declaramus volumusque quod nemo patria hac decedere permittatur versus dictam Novam Scotiam nullo tempore nisi ii qui juramentum supremitatis nostrae primum susceperint ad quem effectum nos per praesentes dicto Domino Willelmo suisque praedictis vel eorum conservatori vel deputatis idem hoc juramentum omnibus personis versus illas terras in ea colonia sese conferentibus requirere et exhibere plenariam potestatem et authoritatem damus et concedimus Praeterea nos cum avisamento et consensu praedicto pro nobis et successoribus nostris declaramus decernimus et ordinamus quod omnes nostri subditi qui ad dictam Novam Scotiam proficiscentur aut eam incolent eorumque omnes liberi et posteritas qui [quos] ibi nasci contigerit aliique omnes ibidem periclitantes habebunt et possidebunt omnes libertates immunitates et privilegia liberorum et naturalium subditorum regni nostri Scotiae aut aliorum nostrorum dominiorum sicuti ibidem nati fuissent Insuper nos pro nobis et successoribus nostris damus et concedimus dicto Domino Willelmo Alexander suisque praedictis liberam potestatem stabiliendi et cudere causandi monetam pro commercio liberiori inhabitantium dictae provinciae cujusvis metalli quo modo et qua forma voluerint et eisdem praescribent Atque etiam[Pg 44] si quae quaestiones aut dubia super interpretatione aut constructione alicujus clausulae in hac presenti carta nostra contentae occurrent ea omnia sumentur et interpretabuntur in amplissima forma et in favorem dicti Domini Willelmi suorumque praedictorum Praeterea nos ex nostra certa scientia proprio motu authoritate regali et potestate regia fecimus univimus annexavimus ereximus creavimus et incorporavimus tenoreque praesentis cartae nostrae facimus unimus annexamus erigimus creamus et incorporamus totam et integram praedictam provinciam et terras Novae Scotiae cum omnibus earundem limitibus et maribus [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[Pg 46] dominio libera baronia et regalitate imperpetuum modo supramentionato per omnes rectas metas et limites suas prout jacent in longitudine et latitudine in domibus aedificiis aedificatis et aedificandis boscis planis moris marresiis viis semitis aquis stagnis rivolis pratis pascuis et pasturis molendinis multuris et eorum sequelis aucupationibus venationibus piscationibus petariis turbariis carbonibus carbonariis cuniculis cuniculariis columbis columbariis fabrilibus brasinis brueriis et genistis silvis nemoribus et virgultis lignis lapicidiis lapide et calce cum curiis et curiarum exitibus herezeldis bludewetis et mulierum marchetis cum libero introitu et exitu ac cum furca fossa sok sak thole thame infangtheiff outfangtheiff vert wrak wair veth vennysoun pitt et gallous ac cum omnibus aliis et singulis libertatibus commoditatibus proficuis asiamentis ac justis suis pertinentiis quibuscunque tam non nominatis quam nominatis tam subtus terra quam supra terram procul et prope ad praedictam regionem spectantibus seu juste spectare valentibus quomodolibet in futurum libere quiete plenarie integre honorifice bene et in pace absque ulla revocatione contradictione impedimento aut obstaculo aliquali Solvendo inde annuatim dictus Dominus Willelmus Alexander suique praedicti nobis nostrisque haeredibus et successoribus unum denarium monetae Scotiae super fundum dictarum terrarum et provinciae Novae Scotiae ad festum Nativitatis Christi nomine albae firmae si petatur tantum Et quia tentione dictarum terrarum et provinciae Novae Scotiae et alba firma praedicta deficiente tempestivo et legitimo introitu cujusvis haeredis vel haeredum dicti Domini Willelmi sibi succedentium quod difficulter per ipsos praestari potest ob longinquam distantiam ab hoc regno nostro eaedem terrae et provincia ratione non-introitus in manibus nostris nostrorumve successorum devenient usque ad legitimum legitimi haeredis introitum et nos nolentes dictas terras et regionem quovis tempore in non-introitu cadere neque dictum Dominum Willelmum suosque praedictos beneficiis et proficuis ejusdem eatenus frustrari idcirco nos cum avisamento praedicto cum dicto 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[Pg 48] praedictorum per ipsos vel eorum legitimos procuratores ad hunc effectum potestatem habentes nobis nostrisque successoribus homagium faciant et dictas terras dominium et baroniam aliaque praedicta adeant et per nos recipiantur secundum leges et statuta dicti regni nostri Scotiae Denique nos pro nobis et successoribus nostris volumus decernimus et ordinamus praesentem hanc nostram cartam et infeofamentum supra scriptam praedictarum terrarum dominii et regionis Novae Scotiae privilegia et libertates ejusdem in proximo nostro parliamento dicti regni nostri Scotiae cum contigerit ratificari approbari et confirmari ut vim et efficaciam decreti inibi habeat penes quod nos pro nobis et successoribus nostris declaramus hanc nostram cartam sufficiens fore warrantum et in verbo principis eandem ibi ratificari et approbari promittimus atque etiam alterare renovare et eandem in amplissima forma augere et extendere quoties dicto Domino Willelmo ejusque praedictis necessarium et expediens videbitur Insuper nobis visum est ac mandamus et praecipimus dilectis nostris
vicecomitibus nostris in hac parte specialiter constitutis quatenus post hujus cartae nostrae nostro sub magno sigillo aspectum statum et sasinam actualem et realem praefato Domino Willelmo suisque praedictis eorumve actornato vel actornatis terrarum dominii baroniae aliorumque praedictorum cum omnibus libertatibus privilegiis immunitatibus aliisque supra expressis dare et concedere quam sasinam nos per praesentis cartae nostrae tenorem adeo legitimam et ordinariam esse declaramus ac si praeceptum sub testimonio nostri Magni Sigilli in amplissima forma cum omnibus clausulis requisitis ad hunc effectum praedictum haberet penes quod nos pro nobis et successoribus nostris imperpetuum dispensamus In cujus rei testimonium huic praesenti cartae nostrae magnum sigillum nostrum apponi praecepimus testibus praedilectis nostris consanguineis et consiliariis Jacobo Marchione de Hammiltoun comite Arranie et Cambridge domino Aven et Innerdaill [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[Pg 50] sexcentesimo vigesimo primo regnorumque nostrorum annis quinquagesimo quinto et decimo nono respective.

Per signaturam manu S. D. N. Regis suprascriptam ac manibus nostri Cancellarii Thesaurarii Principalis Secretarii ac reliquorum Dominorum nostrorum Commissionariorum ac Secreti nostri Consilii ejusdem Regni Scotiae subscriptam.

Writtin to the Great Seall,
29. Septemb. 1621,
J. Scott,
gratis.
Sigellat. Edinburgi,
29. Septemb. 1621,
Ja. Raithe,
gr^s.

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[Pg 27] of our right well-beloved cousin and counsellor, John, Earl of Mar, Lord Erskyn and Gareoch, &c., our High Treasurer, Comptroller, Collector, and Treasurer, of our new augmentations of this our kingdom of Scotland, and of the other Lords, our Commissioners of the same our kingdom, have given, granted, and disposed, and, by the tenor of our present charter, do give, grant, and dispose to the aforesaid Sir William Alexander, his heirs or assigns, whomsoever, hereditarily, all and singular the continent-lands and islands, situate and lying in America within the cape or promontory, commonly called Cap de Sable, lying near the latitude of forty-three degrees, or thereabout, from the equinoctial line, northward, from which promontory, toward the sea-coast, verging to the west, to the harbour of Sancta Maria, commonly called Sanctmareis Bay, and thence northward, traversing, by a right line, the entrance or mouth of that great naval station, which runs out into the eastern tract of the land between the countries of the Suriqui and Stechemini, commonly called Suriquois and Stechemines, to the river commonly called by the name of Santa Crux, and to the remotest source or fountain on the western side of the same, which first discharges itself into the aforesaid river, and thence, by an imaginary right line, which might be conceived to proceed through the land, or to run northward to the nearest naval station, river, or source, discharging itself into the great river of Canada, and proceeding from it by the sea shores of the same river of Canada, eastward to the river, naval station, port, or shore, commonly known and called by the name of Gathepe, or Gaspie, and thence south-eastward to the islands called Baccalaoes, or Cap Britton, leaving the same islands on the right, and the gulf of the said great river of Canada, or great naval station, and the lands of Newfoundland, with the islands pertaining to the same lands, on the left, and thence to the cape or promontory of Cap Britton aforesaid, lying near the latitude of forty-five degrees, or thereabout, and from the said promontory of Cap Britton, toward the south and west to the aforesaid Cap Sable, where the circuit began, including and comprehending within the said sea-coasts, and their circumferences, from sea to sea, all continent-lands, with rivers, torrents, bays, shores, islands, or seas, lying near, or within six leagues to any part of the same, on the western, northern, or eastern parts of the coasts, and precincts of the same, and on the south-east (where Cap Britton lies), and on the southern part of the same (where Cap de Sable is), all seas and islands towards the south, within forty leagues of the said sea coasts of the same, including the great island, commonly called Isle de Sable, or Sablon, lying towards the Carbas, south-south-east, about thirty leagues from the said Cap Britton, in the sea, and being in the latitude of forty-four[Pg 29] degrees or thereabout: Which lands aforesaid, in all time to come, shall enjoy the name of Nova Scotia, in America, which also the aforesaid Sir William shall divide into parts and portions, as to him may seem meet, and give names to the same, according to his pleasure; together with all mines, as well royal of gold and silver, as other mines of iron, lead, copper, brass, tin, and other minerals whatsoever, with power of digging them, and causing them to be dug out of the earth, of purifying and refining the same, and converting and using them to his own proper use, or to other uses whatsoever, as to the said Sir William Alexander, his heirs or assigns, or those whom it shall have happened that he shall have established in his stead, in the said lands, shall seem meet. (Reserving only for us and our successors the tenth part of the metal, commonly called ore of gold and silver, which hereafter shall be dug up or gained.) Relinquishing to the said Sir William, and his aforesaids, whatsoever of other metals, copper, steel, iron, tin, lead, or other minerals, we, or our successors, can in any wise claim, that he may by so much the more easily bear the great expenses of extracting the aforesaid metals: Together with the margarites, commonly called pearle, and other precious stones whatsoever, stone quarries, woods, coppices, mosses, marshes, lakes, waters, fisheries, as well in salt water as in fresh, as well of royal fishes as of others, chases, decoys, commodities, and hereditaments whatsoever: Together with full power, privilege, and jurisdiction of free regality of chapel and chancery, in perpetuity; and with right of donation, and patronage of churches, chapelries, and benefices, with the tenants, tenandries, and services of free tenants, of the same, together with the offices of justiciary and admiralty respectively, within the boundaries respectively above mentioned: Together with power of erecting cities, free burghs, free ports, villas, and burghs of barony, and of appointing fairs and markets, within the boundaries of the said lands, of holding courts of justiciary and admiralty, within the limits of the said lands, rivers, ports, and seas, together also with power of imposing, levying, and receiving all tolls, customs, anchorages, and other duties of the said burghs, fairs, markets, and free ports; and of possessing and enjoying the same, as freely, in all respects, as any greater or lesser Baron in this our kingdom of Scotland hath enjoyed, or shall be able to enjoy, at any time, past or future, with all other prerogatives, privileges, immunities, dignities, casualties, profits, and duties, belonging and pertaining to the said lands, seas, and the boundaries of the same; and which we ourselves have power to give or grant, in form as free and ample, as we, or any of our noble progenitors, have granted any charters, letters-patent, infeftments, donations, or diplomas, to any one of our subjects, of what quality or degree soever, to any company or community[Pg 31] planting such colonies in foreign parts whatsoever, or exploring foreign lands, in form as free and ample as if the same were inserted in this our present charter. We make also, constitute, and ordain the said Sir William Alexander, his heirs or assigns, or their deputies, our Hereditary Lieutenants-General, to represent our royal person, as well by sea as by land, in the regions, sea-coasts, and boundaries aforesaid, in voyaging to the said lands, so long as he shall tarry there, and in returning from the same; to govern, rule, and punish all our subjects who shall have chanced to go to the said lands, or to be inhabiting the same, or who shall have entered into trade with the same, or shall sojourn in the same places; and to grant pardon to the same, and to establish such laws, statutes, constitutions, directions, instructions, forms of government, and ceremonies of magistracies within the said boundaries, as to him, Sir William Alexander, or his aforesaid, for the government of the said region, and the inhabitants of the same, in all causes, as well criminal as civil, it shall seem meet; and to alter and change the same laws, regulations, forms and ceremonies, as often as to himself or to his aforesaid, for the good and advantage of the said region, shall be pleasing; so that the said laws be as consonant to the laws of this our kingdom of Scotland as they can be made. We will, also, that in case of rebellion or sedition he may use martial law against delinquents, or persons revolting from his command, as freely as any Lieutenant of any of our kingdoms or lordships have, or can have, by virtue of the office of Lieutenant, excluding all other officers of this our kingdom of Scotland, as well of the land as of the seas, who hereafter may pretend any claim of right, commodity, authority or interest, in and to the said lands, or the province aforesaid, or any jurisdiction therein, by virtue of any former disposition or diploma: And for encouragement of men of good birth to undertake that expedition, and the planting of a colony in the said lands, we, for ourselves, and our heirs and successors, with the advice and consent aforesaid, by virtue of our present charter, give and grant free and plenary power to the aforesaid Sir William Alexander, and his aforesaid, of conferring favours, privileges, charges and honours upon the deserving; with plenary power to the same, or any of them, who shall chance to make covenants or contracts with Sir William himself, and his aforesaid, for the same lands, under his signature, or the signature of his aforesaid, and the seal hereafter mentioned, of disposing and of sub-granting any portion or portions of the said lands, ports, harbours, rivers, or of any part of the premises; also, of erecting machines, arts, faculties or sciences, or of exercising the same in whole or in part, as to him for their good shall seem meet: Also, of giving and granting, and attributing such offices, titles, rights and powers of appointing and[Pg 33] designating such captains, officers, bailiffs, governors, clerks and all other officers of regality, barony and burgh, and other ministers for the administration of justice within the boundaries of the said lands, or on the voyage while they are sailing through the sea to those lands, and are returning from the same, as to him shall seem needful, according to the qualities, conditions and merits of the persons who shall happen to dwell in any of the colonies of the said province, or in any part of the same, or who shall adventure their goods or fortunes for the advantage of the same, and of removing from office, altering and changing the same, as shall seem expedient to him and his aforesaid: And since enterprises of this kind are not made without great labour and expense, and require great outlay of money, so that they go beyond the fortunes of any private person, and have need of the succours of many, by reason whereof the aforesaid Sir William Alexander, and his afore written, will enter into contracts for particular adventures and undertakings to the said place, with divers our subjects, and others who haply will (enter into contracts) with him and his heirs, assigns or deputies, for lands, fisheries, merchandise, or transport of people, with their cattle, property and goods, toward the said Nova Scotia, we will, that whosoever shall execute such contracts with the said Sir William, and his afore written, under their signatures and seals, by limiting, assigning and fixing day and place for delivery on ship board, of persons, goods and property, under penalty and forfeiture of any sum of money, and shall not perform the same contracts, but shall disappoint him and damage him in the intended voyage, which not only will be a prejudice and damage to the said Sir William, and his aforesaid, but also will be an obstacle and detriment to our so laudable intention, then it shall be lawful to the aforesaid Sir William Alexander, and his aforesaid, or their deputies and conservators under mentioned, in that case, to take to himself or to his aforesaid, whom he shall substitute to this effect, all such sums of money, goods and property, as forfeited by violation of such contracts: For the more easy doing whereof, and that delay of law may be avoided, we have given and granted, and, by the tenor of our present charter, do give and grant to the said Sir William, and to his heirs and assigns foresaid, plenary licence, liberty and power of electing, nominating, assigning and ordaining a conservator of the liberties and privileges granted to him, and his aforesaid, by this our present charter, who shall carry into expeditious execution the laws and statutes made by him, and his aforesaid, according to the power granted to him, and his aforesaid, by our said charter; and will and ordain that the power of the said conservator, in all actions and causes belonging to persons contracting to the said plantation, be absolute, without any appeal or procrastination[Pg 35] whatsoever; which conservator shall possess and enjoy all privileges, immunities, liberties, and dignities whatsoever, which any conservator of Scottish privileges, in foreign nations, either in France, Flanders, or elsewhere, hitherto have possessed or enjoyed, in any time past: And although all such contracts between the said Sir William, and his aforesaid, and the aforesaid adventurers, shall be performed at the appointed day, by adventure and transport of people, with their goods and property, and they, with all their cattle and goods, shall arrive at the shore of that province, with the intention of planting a colony, and remaining; and, nevertheless, shall either entirely desert the province of Nova Scotia, and the confines of the same, without licence of the said Sir William, and his aforesaid, or their deputies, or the society and colony aforesaid, wherewith they were first combined and conjoined, and shall betake themselves to the savage Aborigines, to dwell in remote and desert places, that then they shall lose and forfeit all lands theretofore granted to them, and all goods within all the aforesaid boundaries; and it shall be lawful to the aforesaid Sir William, and his aforesaid, to confiscate the same, and to recover the same lands, and to possess all the same things which in any wise belong to them, or any of them, and to convert them to the peculiar use of himself and his aforesaid: And that all of our beloved subjects, as well of our kingdoms and dominions, as others, foreigners, who shall chance to navigate to the said lands, or any part of the same, for bargain of merchandise, may better know and be obedient to the power and authority conferred by us upon our aforesaid faithful counsellor, Sir William Alexander, and his aforesaid, in all such commissions, warrants, and contracts, which at any future time he shall make, grant, and constitute, for the more decent and valid appointment of officers for the government of the said colony, granting of lands, and execution of justice, touching the said inhabitants, adventurers, deputies, factors, or assigns, in any part of the aforesaid lands, or in navigation to the same lands, we, with the advice and consent aforesaid, ordain, that the said Sir William Alexander, and his aforesaid, shall have one common seal belonging to the office of Lieutenant of justiciary and admiralty, which shall be kept by the said Sir William Alexander, and his aforesaid, or by his deputies, in all time to come, on one side whereof our insignia shall be engraven with these words, in the circle and margin of the same, Sigillum Regis Scotie Anglie Francie et Hybernie, and on the other the effigy of ourselves and our successors, with these words, Pro Nove Scotie Locum tenente, of which an exact copy shall remain in the hands and custody of the said conservator, which he may use in his office, as occasion shall require: And since it is most necessary that all our loving subjects, as many as shall inhabit the[Pg 37] said province of Nova Scotia, or its confines, may live together in the fear of Almighty God, and the true worship of him, we, intent upon establishing the Christian religion therein, by every endeavour, and also upon cultivating peace and quiet with the native and wild original inhabitants of those lands (whence they and every one of them following merchandise there is safety may quietly possess, with enjoyment, those things which, with great labour and peril they have acquired), we, for ourselves and our heirs and successors, do will, and it hath seemed good to us, by the tenor of our present charter, to give and grant to the said Sir William Alexander and his aforesaid, and their deputies or any others, governors, officers, and ministers, whom they shall appoint, free and absolute power of treating and contracting peace, alliance, friendship and mutual conferences, help and communication with those wild Aborigines and their chiefs, or others whomsoever, having rule and power over them, of observing and cherishing such alliances and conferences, which they or their aforesaid shall contract with them, provided those compacts, on the other part, be faithfully observed by the savages themselves, unless which be done, of taking up arms against them, whereby they may be reduced to order. As to the said Sir William and his aforesaid, and deputies, for the honour, obedience and service of God, and the establishment, defence and conservation of our authority among them, shall seem expedient, with power also to the aforesaid Sir William Alexander, and his aforesaid, by themselves or their deputies, substitutes or assigns, for their defence and safeguard at all times, and on all just occasions hereafter, of attacking by surprise, going against, expelling and repelling with arms, as well by sea as by land, by all means, all and singular, those who, without special licence of the said Sir William, and his aforesaid, shall essay to inhabit the lands, or to carry on merchandise in the said province of Nova Scotia, or in any part of the same, and in like manner all others who presume to bring any damage, detriment, destruction, hurt, or invasion against that province, or the inhabitants of the same, that which may be more easily done, it shall be lawful for the said Sir William, and his aforesaid, their deputies, factors, and assigns, to levy contributions from the adventurers and inhabitants of the same, to make collection by proclamations, or by any other order, at such times as to the said Sir William, and his aforesaid, shall seem expedient, to convoke all our subjects inhabiting within the said limits of the said province of Nova Scotia, and carrying on merchandise there, for the better supply of the necessary armies, and the augmentation and increase of the people, and plantation of the said lands, with plenary power, privilege, and liberty, to the said Sir William Alexander, and his aforesaid, by themselves, or their substitutes, of navigating through[Pg 39] any seas under our ensigns and flags, with as many ships, of as great burden, and as well furnished with ammunition, men, and victuals, as they can provide, at any time, and as often as to them shall seem expedient, and of transporting all persons, of whatever quality and degree, being our subjects, or who shall choose to submit themselves to our authority for the undertaking of that voyage, with their beasts of burden, horses, cattle, sheep, goods, and property, and munitions, engines, heavy arms, and military instruments, as many as they shall choose, and other commodities, and things necessary for the use of the said colony, in mutual commerce with the native inhabitants of those provinces, or with others who shall carry on merchandise with the planters themselves, and of importing thence all commodities, and merchandise, which to them shall seem necessary, into our kingdom of Scotland, without payment of any tax, customs, or imposts for the same, to us, or our receivers of customs, or their deputies, and inhibiting them from their offices on this part, for the space of seven years, immediately following the day of the date of our present charter, which sole advantage we have freely granted, and, by the tenor of our present charter, do freely grant and dispose, for the space of thirteen years hereafter, to the said Sir William, and his aforesaid, according to the proportion of five per cent. after mentioned: And after those thirteen years ended, it shall be lawful to us and our successors, out of all goods and merchandise, which out of this our kingdom of Scotland, to the same province, or out of that province to our said kingdom of Scotland, shall be exported or imported by the said Sir William, and his aforesaid, in any ports of this our kingdom, to levy and demand from them for ever five pounds per cent. only, according to the ancient manner of trading, without any other impost, tax, custom, or duty; which sum of five pounds per cent. being so paid by the said Sir William, and his aforesaid, and others our officers to this effect, appointed thenceforth, it shall be lawful to the said Sir William, and his aforesaid, to transport and carry the same goods from this our kingdom of Scotland, into any other foreign parts or regions, without payment of any other custom, tax, or duty, to us, or our heirs or successors, or to any other persons; provided, however, that the said goods shall be again shipped within the space of thirteen months after their arrival in any port of this our kingdom; Giving and granting absolute and plenary power to the said Sir William, and his aforesaid, of taking, levying, and receiving from all our subjects, who shall choose to plant colonies to carry on merchandise, or to navigate to the same lands of Nova Scotia, and from the same, beside the said sum due to us for goods and merchandise, five pounds out of the hundred, either on account of export from this our kingdom of[Pg 41] Scotland to the province of Nova Scotia, or import from the said province to this our kingdom of Scotland aforesaid, for the proper use of himself, and his aforesaid; and in like manner with regard to all goods and merchandise, which shall be exported by our subjects, planters of colonies, traders, and navigators from the said province of Nova Scotia, to any of our dominions, or any other places, or shall be imported from our kingdoms and other places to the said Nova Scotia, five pounds of the hundred over and above the said sum, destined for us; and of levying taking, and receiving from the goods and merchandise of all foreigners and others, not being under obedience to us, which either shall be exported from the province of Nova Scotia, or shall be imported to the same, over and above the said sum destined for us, ten pounds out of the hundred, for the proper use of the said Sir William, and his aforesaid, by such ministers, officers, or their substitutes, or deputies, or factors, as they shall appoint and designate to this effect. And for the better security and convenience of the said Sir William, and his aforesaid, and of all others our beloved subjects, who shall choose to inhabit the said Nova Scotia, or to carry on merchandise there, and generally of all others who shall not be reluctant to submit themselves to our authority and power, it hath seemed meet to us, and we will that it shall be lawful to the said Sir William, and his aforesaid, to build, or to cause to be built, one or more strong holds, fortresses, castles, forts, towers, depots of arms, lie blokhousis, and other edifices, with ports and harbours, together with ships of war, and to apply the same for the defence of the said places, as to the said Sir William, and his aforesaid, shall seem necessary for performing the said enterprise, and for their defence to establish regiments of soldiers there, beside the aforesaid things above mentioned, and generally to do all things which for the conquest, augmentation, inhabitation, preservation, and government of the people of the same Nova Scotia, and of the coasts and territory of the same, within all the limits, appurtenances, and dependencies of the same, under our name and authority whatsoever, we, if we were personally present, could have done, although the case may require special and more strict ordering, than such as is prescribed by these presents; to which mandate we will, and ordain, and strictly enjoin all our justiciaries, officers, and subjects, betaking themselves to those places, that they apply themselves, and attend upon, and obey the said Sir William, and his aforesaid, in all and singular the things above mentioned, with their substances and circumstances, and be as obedient to them in the execution thereof, as they ought to be to us, whose person he represents, under pain of disobedience and rebellion: And because it may be, that some to be transported to the said places may be refractory, and will refuse to go to the same places,[Pg 43] or will resist the said Sir William, and his aforesaid, it is therefore, our pleasure, that all sheriffs, seneschals, bailiffs of regalities, justices of the peace, mayors, and bailiffs of towns, and their officers, and ministers of justice whosoever, shall assist, reinforce the said Sir William, and his deputies, and others aforesaid, in all and singular the lawful things and acts which they shall do, or intend to the aforesaid effect, in like method, and in the same manner as if they had our special warrant to this effect, and shall bring supplies to the same. We declare, moreover, by the tenor of our present charter, to all Christian Kings, Princes, and States, that if any person or persons, who in time to come shall be of the said colonies, or of any of them, in the said province of Nova Scotia, or any other persons under licence and command, at any future time carrying on piracy, or any thing unjust or undue, hostilely against any persons, being the subjects of ourselves, or of our heirs and successors, or of other Kings, Princes, Governors, or States in alliance with us, shall carry off the goods of any person by sea or land, that upon such injury so committed, or just complaint thereupon, moved by any King, Prince, Governor, State, or their subjects aforesaid, we, our heirs and successors, will take care that public proclamation be made in some part of our said kingdom of Scotland, most convenient for this effect, that the said pirate or pirates, who shall commit such plunderings, at a fixed time, to be limited by the aforesaid proclamations, may plenarily restore the goods whatsoever so taken away, and in every way give satisfaction for the said injuries, so that the said princes, and others, so complaining, shall admit themselves to be satisfied, and that, if committing such crimes, they shall not restore, or cause to be restored, the goods carried off within the time limited, that then, for the future, they shall in no wise be under our protection and safeguard, and that it shall be lawful to all princes, and others aforesaid, hostilely to pursue and go against those delinquents: And although there be a statute that no nobleman or gentleman depart from this country without our licence, nevertheless, we will that this present diploma shall be a sufficient licence and warrant to all who shall undertake this voyage, who are not guilty of treason, or inhibited by some other special mandate: And also we declare and will, by the tenor of our present charter, that no person may be permitted to depart from this his country, for the said Nova Scotia, at any time, except those who shall first have taken the oath of our supremacy, to which effect we, by these presents, do give and grant to the said Sir William, and to his aforesaid, or their conservator or deputies, plenary power and authority to require and administer this same oath from all persons betaking themselves to those lands in that colony: Moreover, we, with the advice and consent aforesaid, for ourselves and[Pg 45] our successors, declare, decree, and ordain, that all our subjects who shall proceed to the said Nova Scotia, or shall inhabit it, and all their children and posterity who shall chance to be born there, and all others adventuring thither, shall have and possess all liberties, immunities and privileges, of free and natural subjects of our kingdom of Scotland, or of other our dominions, as if they had been born therein: Moreover, we, for ourselves and our successors, do give and grant to the said Sir William Alexander, and his aforesaid, free power of establishing, and causing to be coined, money, for the more free commerce of the inhabitants of the said province, of any metal, in what manner and in what form they shall, will and prescribe for the same: And also, if any questions or doubts upon the interpretation or construction of any clause contained in this our present charter shall occur, they shall all be taken and interpreted in the most ample form, and in favour of the said Sir William, and his aforesaid: Moreover, we, of our certain knowledge, own proper motion, regal authority and royal power, have made, united, annexed, erected, created and incorporated, and, by the tenor of our present charter, do make, unite, annex, erect, create and incorporate, whole and entire, the said province and lands of Nova Scotia, with all the limits and seas of the same, as well as minerals of gold and silver, lead, copper, steel, tin, brass, iron, and other mines whatsoever, margarites, precious stones, stone-quarries, woods, coppices, mosses, marshes, lakes, waters, fisheries, as well in fresh waters as in salt, as well of royal fishes as of others, cities, free ports, free burghs, towns, burghs of barony, sea ports, anchorages, machines, mills, offices and jurisdictions, and all other things generally and particularly above mentioned, into one entire and free lordship and barony, to be called by the aforesaid name of Nova Scotia, in all time to come: And we will, and grant, and, for ourselves and our successors, do decree and ordain, that one seisin, at this time, by the said Sir William, and his aforesaid, upon any part of the soil of the said lands and province above written, shall, in all time to come, stand, and be a sufficient seisin for the whole region, with all parts, appendages, privileges, casualties, liberties and immunities above mentioned, of the same, without any other special and particular seisin, to be taken by him, or his aforesaid, on any other part or place of the same; concerning which seisin, and all things which have ensued thereupon, or can ensue, we, with the advice and consent above expressed, for ourselves and our successors, have dispensed, and, by the tenor of our present charter, in manner under mentioned, do dispense for ever: To hold, and to have, whole and entire, the said region and lordship of Nova Scotia, with all the limits of the same, within the aforesaid seas, minerals of gold and silver, copper, steel, tin, lead, brass[Pg 47] and iron, and other mines whatsoever; margarites, precious stones, stone-quarries, woods, coppices, mosses, marshes, lakes, waters, fisheries, as well in fresh waters as in salt, as well of royal fishes as of others, cities, free burghs, free ports, towns, burghs of barony, sea ports, anchorages, machines, mills, offices and jurisdictions, and all other things, generally and particularly above mentioned; and with all other privileges, liberties, immunities and casualties, and other things above expressed, to the aforesaid Sir William Alexander, his heirs and assigns, of us and our successors, in free inheritance, free lordship, free barony and regality, for ever, through all their just boundaries and limits, as they lie in length and breadth, in houses, edifices, built and to be built, boscages, plains, moors, marshes, highways, paths, waters, pools, rivulets, meadows and pastures, mills, multures, and their sequels, hawkings, huntings, fisheries, peat mosses, turf bogs, coals, coal-pits, coneys, warrens, doves, dove-cotes, workshops, maltkilns, breweries, and broom, woods, groves and coppices, buried wood, timber, stone-quarries, stone and lime, with courts, fines, pleas, heriots, unlaws, and raids of women, with free ingress and egress, and with fork, foss, sok, sac, toll, theme, infangtheiff, outfangtheiff, wrak, weir, veth, forestry, venison, pit and gallows; and with all other and singular the liberties, commodities, profits, easements, and their rightful appurtenances whatsoever, as well not named as named, as well beneath the earth as above the earth, far and near, belonging, or which can in any wise justly belong, to the aforesaid region and lordship, for the future, freely, quietly, plenarily, entirely, honourably, well, and in peace, without any revocation, contradiction, impediment or obstacle whatsoever; The said Sir William Alexander, and his aforesaid, paying yearly thereout to us, and to our heirs and successors, one penny of Scottish money upon the soil of the said lands and province of Nova Scotia, at the festival of the Nativity of Christ, under the name of quit rent only, if it be demanded: And because, by the tenure of the said lands and province of Nova Scotia, and by the aforesaid quit rent, in default of timely and lawful entry of any heir or heirs of the said Sir William, succeeding to him, which may with difficulty be performed by them, on account of the far distance from this our kingdom the same lands and province, by reason of non-entry, will come into the hands of us or our successors, until the lawful entry of the lawful heir: And we being unwilling that the said lands and region should at any time fall into non-entry, or that the said Sir William, and his aforesaid, should be so far deprived of the benefits and profits of the same, therefore we, with the advice aforesaid, have dispensed with the said non-entry, whensoever it shall have occurred; and by the tenor of the same, our charter, for ourselves and our successors, do dispense, and also[Pg 49] have renounced and exonerated, and, by the tenor of our present charter, with the consent aforesaid, do renounce and exonerate the said Sir William, and his aforesaid, the aforesaid non-entry of the said province and region, whensoever it shall come into our hands, or fall, by reason of non-entry, with all things which can ensue therefrom, provided, however, that the said Sir William, and his heirs and assigns, within the space of seven years after the decease and death of their predecessors, or entry into possession of the said lands, and other things aforesaid, by themselves, or their lawful procurators, to this effect empowered, do homage to us and our successors, and come and receive, through us, the said lands, lordship and barony, and other things aforesaid, according to the laws and statutes of our said kingdom of Scotland [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[Pg 51] Keith, &c., Marshal of our kingdom; Alexander, Earl of Dumfermeling, Lord Fyvie and Urquhart, &c., our Chancellor; Thomas, Earl of Melros, Lord Bynning and Byres, our Secretary; our beloved familiar councillors, Sirs Richard Cokburne, the younger, of Clerkingtoun, our Keeper of the Privy Seal; George Hay of Kinfawnis, our Register of the Rolls and Clerk of the Council; John Cokburne of Ormestoun, Clerk of our Justiciary; and John Scott of Scottistarvet, our Director of the Chancery, Knights; At our castle of Windsor, the 10th day of September, anno Domini 1621, and of our reigns the fifty-fifth and nineteenth years respectively.

By Signature, by the hand of our Sovereign Lord the King, superscribed, and by the hands of our Chancellor, Treasurer, Principal Secretary, and of the other Lords, our Commissioners, and of our Privy Council of the said kingdom of Scotland, subscribed.

Writtin to the Great Seall,
29. Septemb. 1621,
J. Scott,
gratis.
Sealed at Edinburgh,
Ja. Raithe,
gr^s.

[Pg 52]

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:

"EDINBURGH, 14th of July, 1778.

"Received from Mr. Andrew Stewart, Junior, Writer to the Signet,
payment of the above accompt.

"(Signed)JAMES CUMMYNG."

[Pg 53]

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
[Pg 54] Sir William Fairlie Cuninghame, Windermere, Lucerne Flats, Marengo, N.S.W.
Sir Henry Wardlaw, 25 Pearfield Rd., Forest Hill, S.E.
Earl of Caithness, Auchmachoy, Aberdeenshire.
Sir Hume S. C. M. Gordon, 44 Park Lane, London, W.1.
Sir Fitzroy Maclean, 15 Hyde Park Terrace, London, W.1.
Sir Hector Munro, Foulis Castle, Evanto, Rosshire.
Sir Charles Liston Foulis, Fort Ternan, British East Africa.
Sir Thomas Milborne-Swinnerton-Pilkington, Chevat Park, Wakefield.
Sir Duncan Hay, Haystoun, Peebles.
Sir George Abercromby, Forglen House, Turriff, Banffshire.
Sir Graeme Sinclair Lockhart, Cambusnethan House, Wishaw.
Earl Curzon, 1 Carlton House Terrace, London, S.W.1.
Lord Carnock, 53 Cadogan Gardens, London, S.W.1.
Sir James Turing, Crocker Hill House, Chichester.
Marquess of Aberdeen and Temair, House of Cromar, Tarland, Aberdeenshire.
Sir Robert Hamilton, Avon Cliff, Stratford-on-Avon.
Earl of Rosebery, Dalmeny House, Linlithgowshire.
Earl of Southesk, Kinnaird Castle, Brechin.
Sir Lewis Hay, 6 Ravelston Park, Edinburgh.
Sir Bruce Seton, 12 Grosvenor Crescent, Edinburgh.
Earl of Stair, Oxenfoord Castle, Ford, Midlothian.
Sir Charles Hope Dunbar, St. Mary's Isle, Kirkcudbright.
Sir John Hume Campbell, Purves, Greenlaw, Berwickshire.
Sir James Malcolm, Tostock Place, Suffolk.
Earl of Carnwath, 36 Clanricarde Gardens, London, S.W.1.
Earl of Rosslyn, 107 Westbourne Terrace, London, W.2.
Sir George Stirling, Glorat, Milton of Campsie, Stirlingshire.
Sir Alex. Milliken Napier, 56 Eaton Place, S.W.1.
Sir Arthur Eliott, 40 Bryanston Street, London W.1.
Sir James Ramsay, Banff, Alyth, Perthshire.
Sir Michael Shaw Stewart, Ardgowan, Inverkip, Renfrewshire.
Sir John Don Wauchope, Edmonstone, Midlothian.
Sir John Campbell, of Aberuchill, Kilbryde Castle, Dunblane.
Marquess of Queensberry
Sir Robert Barclay, 6 Avenue Marceau, Paris.
Sir William Dick Cunyngham, Prestonfield, Edinburgh.
Sir James Home, 28 Cranley Gardens, London, S.W.7.
Sir Robert Cockburn, 4 Lansdowne Crescent, Bath.
Sir Thomas Cuninghame, Kirktonholm, Lanarkshire.
Sir Charles Lockhart Ross, Balnagowan Castle, Kildary, Rosshire.
Sir Alexander Jardine, Beechgrove House, Annan.
[Pg 55] Sir Patrick Keith Murray, Ochtertyre, Crieff, Perthshire.
Sir Arthur Mackenzie, Coul House, Strathpeffer.
Sir William Stirling Hamilton, Woodgates, Southwater, Horsham, Sussex.
Sir George Clerk, Penicuick House, Midlothian.
Earl of Lauderdale, Thirlestane Castle, Lauder.
Sir Herbert Maxwell, Monreith, Whauphill, Wigtonshire.
Sir John Stirling Maxwell, Pollok, Renfrewshire.
Sir Alexander Bannerman, 7 Sloan Avenue, London, S.W.3.
Sir Norman Pringle, Newhall, Galashiels.
Sir Ivor Keron Maxwell, Springhill House, Burgh Heath, Surrey.
Sir Alexander Sharp Bethune, Crestweeke, Winchester.
Sir John Seton, Cushnie House, Alford, Aberdeenshire.
Sir Robert Grierson, Rockhall, Lag, Dumfrieshire.
Sir Charles Kirkpatrick
Sir James Wilkie Dalyel, Foulden House, Berwick.
Sir Robert Moncrieffe, Moncreiffe House, Bridge of Earn.
Sir James Broun, Colstoun, Gunnedah, Nandwear, N.S.W.
Sir David Kinloch, 20 Eaton Place, London, S.W.1.
Sir John Hall, 20 Dorset Square, London, N.W.1.
Sir Ludovic Grant, 4 Belgrave Crescent, Edinburgh.
Sir William Dunbar, Mochrum Park, Kirkcowan, Wigtownshire.
Sir Ralph Anstruther, Balcaskie, Pittenweem, Fife.
Sir William Gardiner Baird, Glendalough, North Berwick.
Sir George Dunbar, Inverness House, Porchester Terrace, London, W.2.
Marquess of Linlithgow, Hopetoun House, Linlithgowshire.
Sir Hew Hamilton-Dalrymple, Ludrie, North Berwick, Haddingtonshire.
Sir Windham Carmichael-Anstruther, Carmichael House, Thankerton, Lanarkshire.
Sir Archibald Dunbar
The Earl of Minto, Minto House, Hawick.
Sir George Johnston, Castle Rock, West Cowes, Isle of Wight.
Sir Percy Cunynhame, 25 Cheyne Gardens, London, S.W.
Sir George Grant Suttie, Balgonie, East Lothian.
Lord Carmichael, Skirling, Peebleshire.
Sir William Hay, 111 Clausen Street, North Fitzroy, Melbourne, Australia.
Sir James Mackenzie, c/o Sir C. R. Macgregor & Co., 39 Panton St., London, S.W.
General Sir Charles Fergusson, Kilkerran, Maybole, Ayrshire.
Sir John Sinclair, Barrock House, Wick, Caithnesshire.
Sir Arthur Grant, House of Monymusk, Aberdeenshire.
Sir Robert Gordon, Glenkens, Afton Street, Orange, N.S.W.
Sir James Naesmyth, 30 York Place, Edinburgh.

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.

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[Pg 57]
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Hakluyt's Voyages. London, 1810. Vol. III. pp. 27, 30.

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[Pg 58]Peerage of Scotland. Sir Robert Douglas.

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Transcriber's Notes:

Hyphenation, spelling and grammar have been preserved as in the original.

The following changes have been made to the text:-

Page 1 "L.L.D." changed to "LL.D."
Page 3 "ACHIEVEMENTS" changed to "ACHIEVEMENT"
Page 3 Contents page amended to correct page numbers.
Page 6 "TRANSLATIONS" changed to "TRANSACTIONS"
Page 11 "commerical and political" changed to "commercial and political"
Page 16 "by the grantsof titles" changed to "by the grants of titles"
Page 22 "contributed the man and the women" changed to "contributed the men
and the women"
Page 26 "magno fluvio de Cannada" changed to "magno fluvio de Canada"
Page 26 "vulgo south-south-eist" changed to "vulgo south-south-east"
Page 27 "and thence south eastward" changed to "and thence south-eastward"
Page 40 "armamentaria lie blokhouss aliaque aedificia" changed to
"armamentaria lie blokhousis aliaque aedificia"
Page 50 "29. Septemb. 1621." changed to "29. Septemb. 1621,"
Page 51 "the 10th day of Stepember" changed to "the 10th day of September"
Page 51 "George Hay of Kinfawins" changed to "George Hay of Kinfawnis"
Page 51 blank line removed after "Sealed at Edinburgh,"
Page 53 "London, S.W.I." changed to "London, S.W.1."
Page 53 "London, W.I." changed to "London, W.1."
Page 54 Inconsistent spaces removed from London postal districts.
Page 56 "Calandar State Papers" changed to "Calendar State Papers"