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Les diagrammas suivants illustrant la mAthode. ita lure, ] 1 2 3 1 2 3 # 5 6 y !, •■■■ ( I ) TO THE king's Mofl: Excellent Majesty, THE MEMORIAL ofJoHN Earl of EgxMont, Moji humbly Jljewethy Til A T the faid Earl deftres from his Majedy a Grant of the whole Iflund of Saint John's in the Gulph of Sa'mt Laurence^ to hold the fame in Fee of the Crown for ever, as one intire County (which IHand io fuppofed and eftimatcd to contain Tivo Millions of Acres of Land, be the fame more or leCs), with all manner of Rights, Royalties, Privileges, Franchiies, aud Appurtenances whatfocver, with all Civil and Criminal Jurifdi6tio;-:, with all manner of Courts as in RngUrnd^ and with i'ower to appoint or commiflion from time to time all m.inner of Officers for the Extrcile of tlae faid Jurifdi^'^lor , and for ordering the Government thereof *. But under thefe exprcfs Refervations, to obviate all poflible Abufe therein, viz. B I. * The Civil Jurif.iiifUon, feparated from the Military, and miivifto- ri.iily vcfved in the Lord of the County. Eilcctu.illy coiiDoul.J and re- ilrained by force of the fubfc<|uenC I'rovifoes. Conducted witli i^iiTinty, JufHc, L(;nity, and Confulciice of tlio I'eople,— Dy Pfifons who wiiJ have a pcjii.anciit .md common lotcr.d in tlie Proioerity of thcll: over whom they are to prefide, and a fvi;at Stiike .tf hoir.e to [I'f lii;!; for chcir pood i'e- {i iviiair jliro.id, eilhir to the i'l-ojlc oi" the t. row 11,-* Without tlit txpehce ol One ShiiliniJ ic lliC I'ull.vl:. ( ^ ) r. That the Exercife of Jurifdidlon abovcmcntloned Ihall, in no Cafe whatever, vary in any rcfpc<5l from the known Rules q( the Common and Statute Law of Eng' land ; which Common and Statute Law (hall obtahi and be pcrfcdly and intirely purfued in all Modes of Judicial Proceedings, and in all Criminal and Civil Caufes, with- out Exception, ii\ like manner as in any County in Eng- land — '^I'o the end that the King's Subjects on the faiJ Jfland ftiail for ever be intitlcd to the Benefit of all the Rights and Privileges of BritiJJ) Subje(3s, as fully, to all Intents and Purpofes, as though the faid County of Sabit jfshfi's was a Member of the Ifland of Great Britainy and a Part and Parcel thereof. fl 1. * That all the Statute Laws of England or Great Bri- tain^ antecedent to the Day of paffing the faid Grant (ex- cepting fuch as may clafh with the Tenure intended to be cftablilhed in the faid County hereafter defcribed, except- ing the Laws relating to the Game, and excepting Taxes, (Se. impofed which might charge the Lands, the Produdt or Property within the Land, and excepting fuch as are not of the Nature of general and publick A6ts), fhall have their full Force and Effe^i in the faid Ifland ; as likewife all the future Statute Laws o( Great Britain (in which the faid Lland and County fhall be exprefly named), with the like Exceptions. 3. That in Criminal Cafes no capital Sentence (hall be put in Execution without the AlFent of the King, or of the King's Governor of Nova Scotia for the Time being, except in the Cafe of Mutiny, when the Summons fliall have been illued to appear in Arms by lawful Authority, or when Arms have been' traitoroufly taken up without Authoiiiy, or when emergent Neceflity of Publick Dan- ger fliali require fpeedy Execution by the Martial Law.— That M * Oiiginal Conip.idt to acknowltd^-e the King, Lords, and Commons of Cif i( iiiii.in as ihe L(gi(latur(? of the Ifl.uiJ ot Sulni jf^-lns. Tlie .Siii ^l.•<'l^ of lliis lil.,nd, thcrefoir, to Iv coiifidcrcd and ti<'.itcd not as rro'iiiti.:! or IXpe/idcnt, but ;is Ki,pl jhvien to nl] liitems ini I'uipoirci f.hte.Tr, v.ilhcut any Jvuloufy or in,u MUi IXf inflion. 8 <3 ( 3 ) That in all extra-judicial Proceedings and in all Caufes of pnvute Property exceeding the Value of Five hundred Pounds Sterling, Appeals (hall lie to the King in Council in England. 4. That no Officer or Minifter, commiflloned or ap- pointed as aforefaid by the Earl (excepting fuch as are ufually appointed in Hundreds and Manors by the Com- mon Law) (hall be capable of ading without the King's Approbation, fignified under his Sign Manual upon the Comnriiflion or Appointment of fuch Officer or Officers', whofe Names (hall be firit inferted in fuch Appointment, or Commiffiort j provided neverthelefs, that in the Cafe of Vacancies by Death, or otherwife, in the faid Ifland, and before fuch Vacancies can be known and fupplied by the faid Earl, with the King's Approbation under his faid Sign Manual, a temporary Appointment may be made of fuch Officer or Officers hy the faid Earl, his Sheriff, or his Deputy. Such temporary Appoint- ment to remain in force no longer than until the faid Vacancies may be regularly fupplied by a new Commif- fion from tbe faid Earl, approved by the King's Sign Ma/iual as aforefaid. — Provided always, that in cafe, by any unforefeen Accident, Omiffion, or Negle6t, the faid Officers, all or any of them, fhould chance hereafter not to be appointed or cOmmiffioned in due Time or Times by the faid Earl, or his Succelfors in the faid Counry, his Majefty, his Heirs and Succefibrs, or his or their Gover- nor of Nova Scotidy (hall or may, in a!l or every fuch Cafe, temporarily appoint futh Officer or Officers refpedively ; but to continue no longer than until the faid Ear], or his Succeflbrs, Ihall proceed to appoint and commiffion fuch Officer or Officers refpedively as aforefaid, which he and they fliall retaui the Right to do for ever, and (o toties quoth s as the Cafe may happen. 5. That every Officer or Minifter of the fiiid County fhall be liable to be removed^ in cafe of Malverfatic/n (upon jufl: Complaint made thereof to the King in Coun- f Coint to the Courts of the C/oiuuy, of the HunJred, and of the Manor to which the iaid Ficj-hoids fluill rcfpci'tively belong (making in the wiiolc Fciir Thcujdrul Acres). FIftl'Iy, The faid Fnrl fiKiH further fet out, in th.c fame Dillric'l, '^I'lva hu;ulrrd Acres for il/arkct-p!accs^ Storc- f?r-i/J}s, fub'ick Buildings, and other puhlid IJfes. ] "or which the Mayor, Railiir, or Chief Magilrrate of the faid Townfhip (lo be hereafter mentioned) fhall anf.ver to tlie faid Fail a yearly Fee Farm Burgage Rent of two ShilHngs Sterling and no more. Sixthly^ The f 1 Earl fnall farther fct apart, in the iaid Dillrie^, Six hundred Acres nrrc cs a Cofmnon, Vilicic the Cattle of the New- comers may be graz.ed or fod- 'if as » V m { 9 ) roclilcrcd for a fhort Time rcfpedlvcly not rxcccdiug three Months, at the Diicretlon of the Magiftracy oltho laid Townfliip (to be hert .cc4 mentioned) 'till luch New- comers ran be placed upon the Lands allotted to them rcfpedivcly. * For which Licence l^ '-'^•nmon as aforcfjiid — Every Perlbn fo commoning fh.Jl pay One Penny ivtcrlino; /)<7' Mead per Month for each large IJeaft, or One Penny Sceiling per Month for Six Sheep or Hogs, as an Ac- knowledgment to the fai i Earl ; all which iaid Fee Earni Burgage Rents and Acknowledgments fhall be collected and paid by the faid Chi ' Magiilratc of the faid Town- fhip by half-yearly Pa^ .cnts in the Court of the faid Borough into the Hands of the Earl, his Shcrift of the faid County, or his Dept W for the Ufe of the faid Earl.— Which {:iid Townfhip (cxclufive of the faid Four Hun- dred Acres fet apart for u.e 'Fown-Refidence of the Earl as aforedud) fo conta 'ng Fourteen thoufand Eight Hundred Acres, and fo iaid out, fhall be ■.-Litlcd to a Charter, with a Magifrracy for maintaining Regularity and Order therein. — V\ .ch Fairs to be held four Times in every Year, and Mai ' ets twice in every VVcck, with all Things incidental by I'.ie Common Law thereto. The Remainder of the faid Dcmefne Lands of the fliid County after the Tenuve fo alfured by the Grant of the faid Forty Hundreds (or 1,600,000 Acres) to the faid Forty Lords thereof; an \ after the fetting apart the faid 15,200 Acres for the Capital Town of the faid County as a fore faid, (hall be referved in Dcmefne to the faid Earl for Eftablifhments intended by him to be made for himfelf and his Nine Children, his Friends and Depen- oants and others at the Plealuie of the faid Earl, and iubjed to no other Burthen (except the building of a and ftrong Block-houfe, or Houfc of Defence mounted ]. ugc * The Ufe of this Licence i"? to afford a Mean? for the better arcerti'n- in^ the Qnality, Con lition, and Numbers of tiiofc who fliuU nicfcr.t thcm- icivcB fiom-Time to Time to fettle in the Ifland, h ■I ' ( 10 ) mounted with Ten Pieces of Cannon, carrying each a Ball of four Pounds, and maintaining the fame for ever, with a Circuit round the fame of three Miles every Way from the faid Block-houfe, to be annexed thereto for ever, and to be kept in hand or leafed on fhort Terms only, not exceeding Twenty One Years, for the greater Security of the fame j and for the better Support and Suftentation of the Family and Houfehold of tile Earl, as the capital Seat of the Lord of the faid County for ever, and as a Place of general Retreat and Protec- tion for all thofe who (hall hold by Tenure and other Stttlers of the faid Ifland, upon any Alarm of fudden Danger, and except the Quit-Rents and referved Rents (as hereafter exprefled) without Limitation of Time, Mode of Settlement, or other Reftraint whatfoevcr, the fame being defigned as the Means for Encouragement^ and as a Fund towards the full and compleat Population in Procefs of Time of the faid Lands, and for the Benefit of the faid Earl and his Family, and their Heirs for ever. * Provided always that whenever the faid Demefne Lands either of the faid Earl, or of any of the Lords of Hun- dreds, or Lords of Manors hereafter mentioned, fhall be fu'ther granted out in the firft Inftance by them re- fpedtively, one Shilling Sterling per Hundred Acres, and ib in proportion fhall be charged thereon as a ^tit-Rent to ih," Crown, and the like Sum of One Shilling Sterling pr Hundred Acres as a ^uit-Rent to the refpeSlive Lordy to be annexed to each refpedtive Tenure for ever (over and above any other Payments or Fee Farm Rents by iptcial Agreements that may be farther referved by the faid m » I' * NoQiiir-RTir paid for the Portion of Land, fpecially fet npart, to form thf! Tenun;:> j but iif ariy hoiiRht otf by the cxpenfive Mode ol Sc'tlcmenr, in tlie ftroHi; and ilefenfible Manner here prefer, bed. '1 he inuai (^it-R.nt paid to the full tor all the reft, one /.aff wheveof "nly ro tlic Cniwn {whicli neverthelefs will pn dace infinitely nioie, fiom the far greater Fropoi tioii of good and bad Lands together, t|- muft nccef- f jrily be fettled iinuer a State of fo much greater Security) — i lie ot/jir halj" nnnexpd to the 'I'enures, wrbcut which they could not be crtiiUiIiii-'lj an4 petnurjtijtiy maifJtaincd, ^ 1 ^ '^ ( I' ) faid refpe£liv'c Lord). The faid Qiiit- Rents to commence u\ like manner as aforefaid ten Years after the Date of fuch Grant, or Grants refpedively. The whole County being thus caft into the general Form of Tenure and Dcmcjhe as aforefaid, a fimiJar Dif- tribution fhall prevail throughout in the farther Sub- divifions thereof as follows, v'it,. * Each of the faid Fifty Hundreds or Baronies (hall be further. divided into Twenty Manors of 2,000 Acres each, which Manors fhall be intitled to a Court Baron accord- ing to the Common Law of England. — Ten of which fhall be granted by Tenure to Ten Lords of Manors, viz. One to each, who fliall hold the faid Manors refpc6tively of the faid Lords of the faid Hundreds for AflUrance of the Service referved to the Crown, paying only Forty Shillings Sterling per Jnnmn for ever to the Lord of the faid rel'pedtive Hundred with Suit of Court to the Court of the faid Lord of the faid Hundred and his Courts Leet as his fuperior Lord, and Suit of Court to the Courts of the Earl as Lord Paramount of the County. — And fur- nifhing one Man by his Tenure (making altogether Four Hundred) for t)efence of the faid County, upon the legal and regular Summons received through the Channel of their rcfpe^tive Lord of the Hundred as before defcribed. — The other Ten M^jnors of each refpedivc Hundred after the Tenure fo afTured fhall be referved in Demefne to the f?id Lord of the Hundred. — Of which Demefne Lands the Lord of each Hundred fhall (in like manner as the Earl on his part as above mentioned with refpe£t to his Demefne) fet out in the lirft Place Five Hundred Acres for the Scite of a Town in his refpe^live Hundred or Isarony. Which Town Ihall be divided into Jne Hun- clrcd Lots of Five Acres each^ to which anv Perfon or Perlons Ihall have Liberty to refort, and take up one of the of En^ljnd (except a fmall Portion in antientDi-nipfne, now held immediately and nT-iiiately of the Crown, in * /\ ! the Lands ^fi.) are ;»(fluaily now ..^.« .„ j „...j .. , ... ^'ic Form and Mode here fptcilicd, with llic fame Courts and JuiifJidicn ufed and exercised therein. ( 12 ) thefaidLot? (until the whole fhall be occupiea) and to become intitkd to the fame for ever upon ere^lino; au Habitation thereon, paying a yearly Fee Farm Ren^ of Four Shillings Sterling per Annum and no more for the faid Lot to ^he refpe^tive Lord of the faid Hundred or Barony, to be for ever annexed to and infeparable from the I*ord of the faid Hundred — * With Suit of Court to the C-^urt of Hundred, and the Courts Leet and Courts J3aron of the faid Lord, and to the Courts of the Earl, as Lord Paramount of the faid County. Which faid Town, or Towjifhip, Ihall be intitled to Fairs Four Times in every Year, and to a Market twice in every Week, with Courts, ^c. incidental by the Common Law thereto. — The Remainder of the faid Demefne of each rcfpcdive Hundred or Barony, aft(?r the Tenure fo afllncd by the Grant of the faid Ten Manors to the (iii C< urtr, (wifc-y eftablinied hy Alficd, and others <'f cur Saxon Princes, tu maintain Order, and bring JuUite to every M^n'b Door) ure obvii ully and capitally edcntial for a fmaii Ftiiplc, forfiiing or form-'d into a ft:,-.a:-..:t ami ron-.otc Soc'Cty, in the v.ifl-, impervious, and da-i^eions Fore(!s ■orz/wf./w.'.— .Intcn' <;ri!;'d v,-,tii Seas, Ba\s, Lakes., Rivers, M.trdics, and Moui.ta;ns; without Roacip, >vuhout Inns or Accomnudation j locked up .^«r h.;lt thi- Vear by Sncw and intenfe FroH— and where the Sfttler can .Vcirce I'.iar-' ic. troni hi' Habit;, ticn Five hundred Yir<^.:: (even in 'I'unes of I't,\tu) u.wiou; RiftjU'.' of Leingiiuerceptcd, fcali'cd und murdeied, < A ( 13 ) the Hundred, and as a Place of Retreat and Protec- tion for the Settlers of the faid Hundred upon any Aiarai. of fuddcn Danger J and except the Quit-Rents as before mentioned,) without Limitation of lime, or Relhainc whatfoever, as to the Mode of Settlement Co left for Encouragement, and as a Fund tov/ards the full and compleat Population of the faid Hundred, and for the. Benefit and Advantage of the Lord of the faid Hundred, his Family, and their Heirs for ever. That in like manner each of the fuid Ten Lords of Manors, holding refpe6lively Two Thoufand Acres of each Lord of the faid Forty Hundreds in manner afore- faid, fhall be bound to eftablifh by Tenure Tzv3 Free-, holders in each of the faid Manors, (himfclf not in- cluded) and ihall for that Purpofe fet out two Portions, or Freeholds, of Two Hundred Acrcs^ one for each of the faid Freeholders, to be held of the faid rcfpedtive Lord of the faid Manor by the Tenure of finding eacl^i one Man, (making in all Eight Hundred) to appear upon: lawful Summons as atbrefaid, and to attend the faid Lord of the refpedive Manor for the Defence of the faid County, upon the legal and regular Summons before defcribed, paying Four Shillings Sterling per Annum^ and no more tor ever, to the Lcjid of the laid Manor, tt> which the fame fliall be annexed for ever with huit of Court to the Court Baron of the faid Lcird, and l^ the Courts of the Hundred and Courts Leet of the Lord of. the faid Hundred, and to the Courts of the Karl as Lord J\tramount of the fliid Countv. 'I'he R-'n^ainder of the laid Two Thouiand Acres, or Manor, after the Tenure of the faid two Freeholders {o afllired, fliali be rcfjrved in Demefne to the Lord of the laid Manor. Of vviiich Demefne One Hundred Aercs ihall be fet apart for a Village in the faid Manor in Tiventy Lois of Five /Lres- f.acb ; to which, as before exprelVed, with lelpcot to tlie IMarkct Towns of the Hundreds, any Perfon or Per(on3 /liail have Liberty to refoit, and to claim and pofll'fs one of the faid Lots, uptm coiifeniing to the like Conditions, like Suit of Courts, o t. and paying yearly Two hhiilinjrs and Sixpence Sfxilintg and no ujorc for ever to tlic Lord S of ( U ) of thfe fald Manor. — The Remainder of the faid Demeftid of fuch Manor, after the Tenure fo affured by the Grant of the faid Four Hundred Acres to the faid two Free- holders ; and after fetting apart the faid One Hundred Acres for the faid Village, as aforefaid, fhall remain in Deriitifne (being computed at Fifteen Hundred Acres) in like manner free to be planted, ^i:. ^c. i^c. (except the building a ftrong Houfe, and maintaining the fame for ever, with a Circuit of Four Hundred Acres round the fame, to be annexed thereto for ever, and to be kept i . hand, or leafed on ftiort Terms not exceeding Twenty One Years, for the greater Security of the feme, and for the better and certain Support, and Suftentation of the Family, and Houfehold of the faid refpeflive Lord of the faid Manor for ever, as the capital Seat oi the Lord of the Manor, and except the Quit-Rent as before mentioned) for the Benefit and Advantage of the faid Lord of the Manor, his Family, and his Heirs for ever. In order to fecure the Crown of England^ in the full Benefit intended by the faid Propofat — It fhall and rnay be lawful at any Time, or Times hereafter, (after the Expiration of the faid firft ten Years) in the cafe of any Failure, or Omiflion, in anfwering the Service inci- dental to the refpeftive Tenures inftituted in purfuance of the Plan above mentioned, for the faid Earl, his Heirs, or Succellors, after Py'ccrpt from the King in Council received by him for that Purpofc, to enter upon any of the faid Hundreds, Manors or Freehold Tenures therein where fuch Failure or Omiflion fhall have happened refpediveiy ; and to take the fame into his Hands till full Satisfadion fhall have been made for fuch Offence. —And in the cafe where (after the Expiration of the faid fiift ten Years as aforefaid) the faid 7'enure fhall not have been cftabliihcd according to the full Extent and iMeaning of the faid Grant. — * It fhall and may be lawful* * No Forfeiture can ever accrue to the Benefit of the Lord of the' County. Nor to t!iK Crown, fo as to alter the Conftitution or Eftftblifliment of the County, i li ( 15 ) lawful for His Majcifty, hy Preempt as aforefaid to the faid Earl, then to feize and confifcate, and to diiect the iaii Earl to regrant fuch Hundred, Manor, or Tenure therein refpe^lively, within Six Months to fonie other Pcrlbn, who (hall thenceforward hold the fame Hundred, Manor, or Tenure, of the iaid Earl of the faid County to all Intents and Purpofes, and under the like Conditions and Refervations ( but not otherwife ) as the fame was before held by the firft original Grantee thereof. And as it is not only neceflary thus to fecure th« certain Eftabiiihment of the faid County upon the Tenure abovementioned, but of equal Importance that it fliould be ever after maintained without Variation of that Tenure from which the Security ^ the Ordtr, the Subordination, the Dependence upon the Crown, and other Benefits to Great Britain, will be moft eflentlally derived — And whereas the Remedy provided for this Puipofe by the antient Tenures, confiited (with many other Abufes grafted thereon) in a Comlition of Perpe- tuity, and Non-Jlienation to the Grantee ; which is re- pugnant to the Principles of the Law of England at this Day, and inconfiltent with Liberty and Com- merce : Li order to obviate the Inconveniencies on one hand, and on the other, the faid Earl further defires, 1. That the fame Divifions, and Conditions of the Tenures eltabliflied in this County, purfuant to this P) u., ■ Ihall be for ever attentively and inviolably ob- ferved. 2. Yet that no one farther Circumftance, incidental to the antient Tenures, may be ever fuper-added thereto *. 3- * An exprefs Exclufion of the Incidents of Military renurp, or Tenure liy Knights Service, viiitviriy but inipro[-erly CJUed by the Name ot the fadal Tchur-, which (di veiled only ot thole Incidents) remains tlieBaiisuf llic Eu^Hm tonliitutioa at tiii* \)uy. C 16 ) 3. And that ever';) Tenure JJ)all be fuhjcSt to Aliena" i'lon, - ■ 4. Yet with this Circumflance, that the Alienation ftiall be in Grofs of each refpedive Tenure.— That is to lay, 1. The Earl may fell his County^ with the Tenure, Block- houfe. Block -houfe Lands, Quit-Rents, Referved Rents, and Town Burgage annexed, in the Whole, or in Grofs ; and that the Perfon who {hall buy the County fhall ftand in all rcfpeds poflllVed thereof as the Earl, or the orie;inal Grantee *. 2. The Lord of each Hundred may Jell his Hun- dred^ or Barony, with the Tenure, Block-houfe, Block- houfe Lands, Qiiit-Rents, Referved Rents, and Tov/m Burgage annexed, in the Whole, or in Grofs ; and the Perfon who ftiall buy fuch Hundred fhall ftand in all refpedts poffelled thereof, as the original Lord or Grantee. 3. The Lord of each Manor ^ in each refpedive Hun- dred, 7nny jell his Manor^ with the Tenure, Capital Houfe, Houfe-Lands, Q^iit- Rents, Referved Rents, and 'I'own Burgage annexed, in the Whole, or in Grofs ; and the Perfon who fhall buy fuch Manor fhall Hand in all refpects poiTclled alfo thereof, as the original Lord or Grantee. 4. The two Freehold Tenants of Two Hundred Acres each, in clicIi Manor, may Jell his refpe^ive Freehold Tenement, with the I'cnuie, and Town Burgage an- nexed ; * A finali I'oition only i.f ivi/ry (j.-jii^ to be ar.ncxcd to, and alicnatcil wub ilie Ti.n.ue, tliat. tke'lVuuix- iimy bi; uiainUiini;.;— — Ui'' reft alienable with'ju' that or any oilier Kt(hit''li(-.n. The Aiith".iiry .'1 lid Power beiiif thus tcirhoriul, and not hereditary a 'ul perfonal, Ly this Plan; but l'uhji-i"l to omplcte Alienation. The Ccntli;j tioni both tiic Piintipk;; of Arilicivra'V nnd l^ciriocracy, conjoined, arc pii'- frrv<;d and riicoiieiled— the relirjdiive Evil'' of but!) avoided, and the real S'jurce cfConteiUion between ihwlc two (Ji'^m extiniiuidied. *. ( 17 ) ihexed ; and the Perfon who (hall buy the fame (hall like- wife fland poITeiTed in like manner. 5. And for a further Security, that the faid Tenures may be rendered as far as poflible, permanent, and pro- dudive always of the fame Temper in the People, and of a conftant Adherence to the fame Principles upon which the faid Eilabliihment is defigned to be founded ; and whereas the Force and EfFedl of that Order, which is intended therefrom, might not only be diJJ'olved and dejiroyed by the fub -dividing the faid individual Tenures refpedtively, from the Alienation of the fame in Parts and Parcels, and not in Grofs (the Remedy whereof is already above provided) ; but the fame may be equally peruerted:'atu:cr. •f All thefe were admitted by the Earl accordingly. Their Names are dlfliiigu'tjhed alfo in the Schedules to the Second and Tliird Memorials afore- laid. Thcle Gentlemen having received Encouragement irom tlie Beard of Trade toexpeil from them //'..■ j'.une i^iafitiy or Land in the bell Spots of the Ifland, to bt cbop.n ivbere thy thought ft, were fent to talk with ths Eaj-l J and having confideied this i'lan, /fw/^j.ri their Pretenfions unanii moully, and wrote to that Board fignifying the fame, and defiring to hoU an equal Quantity of Land (j'uth ii^y as might fall :o tbem by Lot) uj.der the Earl. ( 20 ) faid Propofcfs to partake of the Benefit of this Plan )-— and to grant to them rcfpcdtively cither Hundreds^ Alanors^ or Freeholds^ according to their Abilities ant! inclinations, upon the Tenures and Conditions herein before ut large expreiTed. The Power of making Bye-Laws for Regulathm within the [aid County^ and the Fijhery and Trade thereof, for Treaties with the Indians, and for afjeffmg and levying fuch Sum or Sums of Money for the pub* lick Occafions of the faid IJIand, as their future Condi- tion and their common Benefit may hereafter demand j and where the faid Powers fhall be lodged, and under ■what Reftri6lions exercifed, is not confidercd here.— — The faid Earl only humbly obfcrves thereon, that fever Occafions will call for the Exercrfe of thefe Powers, and the Cafes mutt be the lefs important, becaufe the Statute as well as Common Law of England is pro- pofed to have Force therein, which is widely different from any Conftitution hitherto founded in America.^—' But this may be a future Objedl, and will be eafily fixed, (liould this Propofal be accepted: — Nor is any Provifion made for any Chunh-E^abli/hment'—— This Omiffion may be fupplied alfo, in any Mode which may be found convenient. Neither is any Thing here fpecified in regard to fuch publick Fortifications as his Majejly Jhall think fit hereafter to ereSi in the faid Ifiand, becaufe this cannot be well done 'till his Majelty's Engineers (hall have marked out and fuyveyed fuch Place or Places as may be found mod proper to be referved to the Crown for that Purpofe, any Thing herein contained notwith- ^landing. All which Powers and farther Procifions {^o far as they may be found requifite), the faid Earl humbly hopes may be fupplied hereafter by the Grant of a '^ diftinil and fubfequent Charter of Liberties, after ma- ture Deliberation had thereon : — Which Charter may 4 the C 21 ) the better admit of fome Delay*, as the Powers and Jurifdidlion of the Earl's Courts of the County, and the Courts Leet of the Hundreds, extended to the Cog- nizance of Caufes not exceeding the Value of Tin Pounds (initead of Forty Shillings) ; and the Courts Baron of the faid Hundreds and Manors refpedively, exerted in their full Vigour, according to the Common and Statute Law, with proper Officers appointed inci- dental thereto, and others, purfuant to this Propofal, will in great meafure anfwer all Occafions of Admi- niftration and Government for a confiderable Time at'tcr the tirft Settlement of the faid County. i A Summary of the TPIjole. r I Earl of the whole County. 40 Capital Lords of Forty Hun- Tenure for the dreiii',. 400 Lords of Manors. Service (but in Common cage) Soc-\ 800 Freeholders. For Aflurance of the faid Tenures ^3 of the 1 Acres, 800,000 For w * N. B. The Powers of dividing, fubdividing, anJ erefting not only Manors and Kundreds, Ivit even Counties, were not on\y pafi'J, but id- 'vjj'cd to be inserted in Grants tVom the Crown, to the SuhjeiJ, in the Reign of Ceo'-ge the Firft, and in tne hite Reiiin oiGcorii^e the 'Iccond, by the Lord Chancellor Talbot ^ and the late Lord Chancellor Ilaid-zi'uL. f This Propofal is but Part of a general Plan for the Scttlempnt of all the conquered Countries of ^ttttridi, Inggellcd foon after the Conciufitn of the late I'eace— to the following EflVdl, i'/«. 1. Let the Conquered Countries be call into Provinces (nearly of the She of Jre/aifd) of Eighteen n;i lion of Acres each. 2. Let wiv6 Province be aflually furveyid at the Crown ^xpence, be- ginning bv '■" or Three upon the Southern and Northern Frontiers {i«hich might be done in One Year), proceeding afterwards gradually in- Vards with the reft. 3. Let a DiftridV he firft fct out in each Prwince cf Twenty thnuftml Acres, for the Capital of ilic Province — the piincipal Fortrefs — he Seat cf a nnilitary Governor, with a comjKtent Body of rep.u'ar Troops ——» T^e (jovii^'ment to be ni'd'.t.tiy, ly C'wfiJJi'/n ami Jn/'rutirin, ivitl.uii the J'lid Difiiil of 7'w:nty tk.uj'jud A.iei j but nvh ly co'fiiMl thi::i^ ,0 m Tenure of Eur- ( 22 ) 'ForEftablifhmentsfor Trade and Com- merce in the molt proper Parts of tlie Ifland, 1 County- •> J own . . r -' 40 Market- / „ r^^ >■ 20 1 owns . 5 L4C0 Villages 4^ jnCninmonboc- Left (at large) in Com- . mon Socc:'.!;c, as a Fund to enable the Undertakers, and for their Encouragement, to compleut this Plan Jcres, 75»20O 1,124,800 2,000,000 In order to give the better Idea of the publick Uti- Jity of this Propofal, the laid Earl humbly begs Leave farther to fubmit, that if the Territory acquired in ISlorth America by the late Peace amounts (as it is com- puted by jome) to One thoufand Two hundred and Forty miiions of Statute Acres — it would afford Sixty-two Pro- vinces unltis in Time of War, Ri.bellion or Invafion, of imminent Danger thcieiif, {^ar.d exicpt tii Icutcjlre cxfe^tid in this Memorial.) 4. Let Uic Rtmamdcr or i-ach I'lovincc be alio furvcyed, divided into hi:>:e Counties o\ 'I'vuj millions of Acres tat-fi, and fubdividcd into Hun- ci,i OS, M'inois, and r'rccholds.— — To be granted out to the Peers, great CcninKncs, tiiiiiicnt Merchants, and cil?er Gentlemen of Diflindlion, in the Manner here deicribod. — 'Hxr CiijU C'ovcniiHiiit to be ivkolly tairitd in iy i/:em liilkin thoje C'.untics, acccrding to this Phi:. i,. Let the a(fluai Suivey of each I'rcvince (thus divided and fubdivided, and runieiicajly noted) be lodged ot Record in the Board of" Trade, Ad- rnjialty, and '1 realury, to be infpeftcd j and the Lands to be taken up vithoiit Impediment or Delay, at pleafure, by any proper Subjeft. 6. Let the Lordihips of the Counties and Hundreds be granted only to %hcm:tural horn iiuljfEh of Great £rit«':n '^ but the Manors, Freeholds, and Cthej L-inds to the t'enple of ory Nation. 7, i-et no Grant be, lor tne future, made in fuch Province by any Ctovt-rnor, Council, Afiembly, Surveyo', ^'c. abroad or at home, by any Office, except according to this adlual iurvey, and to the Divifioni an4 i'ljin htre hvA di,>wn. ^ *w t I i^M C 23 ) ^//;r^i ( larger than Paifylvania ) of Twenty millions each ; or Hcventy-threc Provhicei as hir^i- as the King- dom of Ireland i or Six hinulnd and 7'ivrnty Countiei of the Size here defcrlbed — which, as faft as ihey coultl be icttlcd, would be certainly (ecurcd ;—— and a few Counties only eftablifhed in proper Parts, upon a like Plan, would contribute greatly to the Strength and Safety of his Majeily's Empire there i the Proportion whereof may iippcar from hence, that if all fo fettled (not including the reft of the People at large, who might in Time be drawn from all Parts of the World, and multiply under that Protc£tion), fuch a Tenure alone would furnifh a Force of Seven hundyed and Furty^ four thoufand Men *. A Portion of Ground Eight Miles fqtiarc^ contains Sixty- four fquare Miles; and a fquare Mile contains Six hundred and Forty Acres ; therefore a Portion of Eight A4iles fquare contains Forty thoufand Nine hun- Ared and Sixty Acres, and confequently each of the iaid Hundreds is a Portion of Land lefs than Eight MUcs Jquare. If then each Lord of each Hundred is bound to cre<3: and maintain for ever a Block-houfe, or Houfe of Strength, as the capital Seat of his Hundrtd or Barony, for a Place of Retreat and Rendezvous for the Settlers in his Hundred, on any Alarm of fudden Dangi-r, as C4 bcfo iC * A^ B, A Province of Nine fuch Counties (containing a Million of Acres more than Inland ) .wouiil be fettled in in is co)i:^l,ie and tmvcr-^ ////Manner by fo fmall a Number as Ten thouHind Eight hundred Men. And iL'itkout the Expence of One Siilling to the Piibl'ick. Whereas upon the late Conditions, flijiulating Or.e P.rfon to le ft-H.'rJ in proportiui to Or.c bur.died y?c;v.'»— One hundred and Eighty thoufand Souis aie required. From whence it is evident— Firft, xh^ifucbGr.irti (if of any confi- <1n able Extent) muft become ///;//o;j, cannot be fulfilled, :md the National Views will be confequently diiappointed thereby. Secondly, that Ten Provinces iuc:ild he as tffetiualiy ejlahl.jhcd and fee u red tvlih the fume A'unt- btr of Piople, atd in the fame Space ufTime, up^n this P/(i>i, as one could hi planted upon the other and yet the latter not capable of oeing de- fended or governed but by a g^Wt and conlbnt national Expeacs. 1 1':. ( »4 ) before mentioned — every Inhabitant in the faid FTtin- dred, and throughout the laid County, may have re- courfe to a Place of Security within Four MiUs diftanco of his Habitation. * And thus the whole People refiding within the hearing of a Cannon fired at the Block-houfe of their refpedtive HnnJrei''', and each Block-houfe likewife being thus erected but Eight Miles afander, within diftancp to hear fuch Cannon refpedlively from the Block houfes of its adjoining Hundreds — one Cannon fired at the Block-houic of any one Hundred, and the Signal repeated from the next, and fo on from the one to the other, will be fufHci?nt to give the general Alarm, and to put every Iniiabitant of tiu^ whole Coun- ty, in eve»y Part thereof, from one End of the Ifland to the other, under Arms, and in Motion, in the Space of oncQi_!arter of an Hour. .H % m llil'lh ii I ! I The faid Earl heretofore propofed to fettle a County pon a fmall Scale of Five Th:.iifand Cnrres or about ^iftccn 17)ouf(Vid Evglijh Joes in the Kiand of Do?m- Ique upon a jhn'tlar Plan^ and had Ex peti^a lions from K late Earl of Egranout that he fhould obtain a Grant for- * Thus it appears equal)- detrimental and pievcntive of the Settlement rf ^'/mr/u;, to iiifift u;;on 'Itrnis of Pc/i:'ati:n with the Gr;^utee beyond (vhat are truly nectOary, as to inlill upo.'i too few or none at all. And to ,cft fo as to fjcurc firmly lor the f.rej'cnt, is the only efl';;ctual Method ta Lufure full Settlement in \.hQ future. ItisWifdom thrrcforc to call the Powers of P/c2«, D:Jlilbu!'iin, and Or» dfr to the Aid of Number s. Without this (if cur Conquffts arc to be fettled at all), 1. The Number of CivU CJf.-rrr. to be appointed, purfuatit *t the pyrjat^'uic of Gc'^erv.wer.::. fy Cit'-.nrjf.m H'lJ hjhiu-im, only, will, in Frocefs of Time, become irnTi:di(,ic ; and {however mean and ncafy, an.^ contiiquently -xpofcd tn C ynqiion, as they th.'n muft be) hardly to be jiur.i, and not polubly to be >Kuintai>ied at tlie Pubiick Expaue. s. The Miliary Fcrce tf refuiar U'rcopt for fuch n Country flittle lefs fhan all f:/rc/.<) muft be ritl.cr n.fufpacr.t, vr fnormous btnond the Reve- nues both of Br'ttJtri and tl.f. C_ ...J .r * Lieut. William Ridge Captain Thomas B;i^lett Lieut. Theodore Holtaine Lieut. William Allanby Lieut. Benjamin Dodd * Lieut. Alexander Kennedy * Lieut. Archibald Kennedy Captain Lauchlin Maclean Lieut. Robert Armftrong Lieut. James Campbell Officers *• * * * » Board of * Trade * * J * Applied fince Memorial *• f Henry Wauchopc, Efq; M>mi. of Pari. ' Mr. Drummond, Mt?n. of Parliament JamesFortrey, Efq; Byal Fen, Cambridge Hugh Fmlay, Efq; Poitmafter at Qyebcc Rev. Mr. Perceval, of Burton \ Rev. Mr. Kene Perceval Will. Perceval, Efq; Counfel at Law Jrhn Perceval, Efq; Lieut, of Marines Richard Purcell, Efq; of Kanturk lames Purcell, Efq; of Ditto iPhiJjp.Perceval, Liq; Tcmplc-Houfe Philip m nl ll'lllll ( 3* ) A V J I Philip Stephens, Efq; Member of Pari. i??;!f J Geo7 Marih, Efq; Com. of Vidt. Office James Biddlecombe, Efq; Com. SomerC Edm. Mafon, Efq; Commif. of Navy lince Memorial |: Befidcs feveral other Gentlemen which cannot be con- tained in this Lift for want of Room. N. B. Thofc m rked thus ( * ) are the Fortv propofed by his LordJ})ip to be admitted to Forty Hundredsy and the reji he has promifed to comprehend in the Grant » ■s ^c Memorial prefenied in December 1763. ■4'. pffice Jomerr, avy e con- ropojed ind the