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L
CAS E
OF THR
RIGHT HON. ALEXAND^,
EARL OF STIRUNGandIX^VAN,
RESPECTING
HIS LORDSHIP'S TITLE TO NOVA SCOTIA,
AND OTHER
TERRITORIAL POSSESSIONS IN NORTH AMERICA:
CONTAINING
A NARRATIVE
OP THB
i^roceeHinsis^ taiten on tisi florlKjefjftipV "btWt
FOR THE RESTITUTION OF THE PROPERTY,
WITH O BS E RVAT I ON S THEREON.
BY J. I. BURN, Esq.
LONDON:
HATCHARD AND SON, PICCADILLY.
1833.
CSV 7 9
262703
PuflAJ -^
i
I
Printed by A. Hancock, Middle Row Place, Holborn.
ADVERTISEMENT.
I
Jv
It will be seen by the attentive Reader that the Peer*
age dignity in Lord Stirling is not commented on in
this Exposition : neither has it been deemed proper to
go into evidence of descent. In both cases the proofs
have been submitted to the proper tribunals in Scotland,
and both fully proved ; why either is now disputed, is
another question. As far as regards the title to Terri-
tory in Nova Scotia and the Canadas, the following pciges
go fully into the subject, and this is the main one handled;
the title to territories being wholly independent of the
title to honours. It may not, however, be amiss to re-
mark, as Lord Stirling has met with such unusual hos-
tility from the Government, that the Peerage dignity
vested in him is as firmly founded, and as well entitled
to recognition in England, as that of the Earl of New-
burgh, Earl of Cassilis, Earl of Dundonald, Earl of Kin-
tore, Earl of Breadalbane, I!!arl of Stair,Viscount A/buth-
not. Lord Reay, &c. &c. none of whom have gone to the
House of Lords for confli'mation of title.
By the Act of Union between England and Scotland,
it will be readily admitted that the laws of Scotland were
reserved to that portion of the empire as of an inde-
pendent country. It is apprehended that it requires the
whole power of the Legislature— of King, Lords and
ii \DVRHl..SKM£NT.
Commons— to al^er any portion of the laws of Scotland ;
and it shoul . follow, as a natural and fair and obvious in-
ference, that no single branch of the Legislature contains
within itself the privilege of doing so without consent of
the others. Whatever rights may be inherent and of
general usage in either House of Parliament, during their
sittings and^ovcr [^their respective members, cannot in
fairness be extended beyond their own walls, or affect
other than their own members, when neither interference
with or breach of their high privileges is attempted or
committed.
On these grounds nothing has led the author to deviate
from his plan of laying before the reader a case of very
extraordinary interest, as it regards the extensive territo-
rial claims of Lord Stirling, and nothing, on the other
hand, has been omitted to show succinctly the solid
basis on which they are founded. It was intended to in-
troduce into the text some of the documentary evidence
in the Appendix, but part of the Work had been printed
off wherein it could best have been introduced before it
came to hand; there was then no choice left but to
place it for reference at the end.
J. L BURN.
4, Raymond Buildings t Grays Inn,
January, 1 833.
I
INTRODUCTION.
i
The following exposition of Lord Stirling's
Claims and Title, partakes so much of what is sin-
gular and romantic, that the general reader may
derive more entertainment, probably, in the perusal
of it, than so dry a subject is often calculated to
produce. It is, moreover, one of public, as well as
of private interest, to which, in many respects, every
subject of the British crown may be invited to pay
attention.
Nova Scotia, with other most extensive terri*
tories in North America, were granted by King
James I. and King Charles I., as Kings of Scotland,
to the first Earl of Stirling, and the Charters were
all confirmed in the Parliament of Scotland in 1633,
the several Charters bearing date 1621, 1625, and
1628.
The territories so granted, though immense in
point of extent, were really then of veryjittle value.
i
B
it
INTRODUCTION.
The first Earl, the grantee, spent a much finer ca-
tate in Scotland in the i^ain and fruitless attempt
to colonize Nova Scotia. About this time^ also,
the troubles at home broke out, and the irruption
of the French abroad completed the destruction of
his views, and of his family. Thus circumstanced,
it is no wonder that the attempt on the part of this
family was laid aside, for even the Government was
then powerless abroad, as it was helpless at home.
In process of time, however, the country was again
restored to the Crown formally, at the treaty of
Utrecht in 1713, and with still greater formality,
relinquished at the general peace of 1763. On
what ground was it so restored by the French, who
had usurped the possession ? On the sole ground
of the Charters, which were produced, and con-
tained in them the proofs of the property being in
the Scottish Crown at the time of the grants to the
first Earl. Anterior to 1763, the colony, if it may
be so called, was very little thought of, and very
little worthy of public attention, a much more ex-
tensive and fertile portion of America at that time
belonging to the Crown. What chance, then, had
the Stirling family, during the period aforesaid, to
deal with the lands still vested in them ? Could
they single-handed encounter the French P Could
they undertake the task of adverse colonization,
having failed when comparatively rich and unim-
peded ? Could they find parties to unite with them
1
m
a
INTRODUCTION.
Ui
'i
■I
I
in the hopeless and, probably, fruitless experiment,
with the example of the first Earl's failure before
their eyes? The title then remained in them — the
power to make use of it for the time taken away.
To make the estate — this immense estate — valuable,
the country must be peopled. Every location upon
the original waste was, in one sense of the term,
advantageous to the Stirling family, in making the
remainder, though lessened in extent, of more worth
in effect. The country of late years has become infi-
nitely more valuable by the continued increase of its
population ; and now conies the question, and a most
important one it is, — viz. Who is to reap the be-
nefit arising from the new locations ? Who is to sell,
and receive the purchase money? Who has the
legal right to do this ? And how, in fact does the
matter stand in this respect? By the Charters al-
ready referred to, confirmed, as has been stated, in
the Scottish Parliament, the estate was inalienably
granted to the first Earl and his heirs, as will be
more fully shown hereafter. They could not for-
feit, but they could sell their lands. Non-user,
non-entry, omission of a duty, or commission of
a fault, were all saved to the parties in the Char-
ters, and for the best reason in the world — the first
Earl having actually paid more for the colony than
it was worth. It was naturally concluded by the
present claimant, who has been regularly enfeofi'ed
accoidinj^ to law in the territories, that he would
i?
IKTRODUCTIOW.
meet with no impediment to the exercise of hi§
rights by the Government. To prevent either
doubt or difficulty, however, he instructed his
agents to open a communication with the Colonial
Office on terms of mutual accommodation and ar-
rangement — that is, a vast portion of his Lordship's
estate had been already disposed of, and other por*
tions daily req'^ired for the continued emigration
from the mother country, and it was thought, and
justly so, that compromise was indispensable for
the interests of all parties, public and private. Be-
hold, however, how this was met. Without any
single reason assigned, the claims of Lord Stirling
were wholly denied, a. «d he was informed would
be resisted. Driven to conjecture the ground of
this determination, he was driven to examine more
minutely into his own resources also. The further
he has yet proceeded, the more securely does he
rest on the validity of his title. The Charters that
gave it arc the iiislruments brought forward, as we
have seen on various occasions, to prove a prior
title in the Crown tc any other potentate, and they
were used so recently as in the reference between
this country and the United States to the King of
Holland, as to boundary, in the last reign.
The denial then amounts to this : — We, the Go-
vernment, having the possession, will use the power
against you. Lord Stirling, without adverting to
your title^ and sell and dispose of your estate as we
INTRODUCTION. V
think fit : your rights \vc wholly deny and resist.
And yet what does it amount to in regard to actual
benefits to the State or to the individual ? In the
first sale, merely, Jic whole diflference to both par-
tics is included. A locatioi;, effected by the Go-
vernment or by Lord Stirling, is afterwards solely
and wholly beneficial to the Government alone.
Lord Stirling, after his sale to any one, has no fur-
ther interest to look after — not so the Government.
Every advantage of colonization is equally secured
to the Government, whether the first act be theirs
or his Lordship's. The people are equally subjects
by whomsoever introduced ; they are equally con-
sumers of our manufactures. Traders, as any others,
and in every possible relation and respect service-
able to the mother country. Here, then, the best
interests of Government may be truly said to com-
mence in the newly planted colony and it« increas-
ing population, as population ; not merely buyers
of allotments in the first instance. Here, again,
Lord Stirling's interests end, for having sold the
allotments, he has nothing more to do with the
territory, which falls then under its natural and
legitimate dominion, the Government at home.
We challenge any man to say whether this be not
a fair statement of the respective positions of the
parties. If so, we challenge any man again to say
whether it is becoming in this great country to
pocket the paltry emolument of the sales of waste
VI
INTRODUCTION.
land thus circumstanced^ — the property, the pur?
chased property, of the first Earl of Stirling, and
now vested in his descendant. This is the sole
point of coUission, the single ground of difference —
the meagre advantage on the one hand, the tre-
mendous sacrifice on the other — the gain of a sum
to the Government of comparative insignificance,
the loss to the Stirling family of their whole estate.
Ought this so to be? Is it consistent ? Is it
reasonable P Is it just ? or, is it oppressive ?
NARRATIVE, &c.
CHAPTER I.
Substance of a Correspondence with the Colonial Office
on the Claims of Lord Stirling.
It was deemed advisable on the part of Lord Stirling,
to endeavour by all practicable means to effect a fair,
temperate, and reasonable settlement of his Lordship's
rights with the Colonial Office, on terms advantageous,
as it was thought, to all parties interested. With these
views the following letter was addressed by his Lordship's
advisers and sent to Lord Viscount Goderich.
" My Lord,
« The claims of Lord Stirling, under Charters
granted to his ancestor Sir William Alexander, by King
James and King Charles the First, of the province of
Nova Scotia, and other territorial possessions in America,
are probably not unknown to your Lordship : they are of
the most extensive nature. We are instructed on the part
of his Lordship to open a negotiation with the Govern-
ment, having for its object a full and satisfactory adjust-
ment of claims and titles, on principles of reciprocal
advantage.
8
''Tlic Government and his Lordship united have clearly
the undisputed power over the territories contained in
the Charters, to deal with them as may be deemed ex-
pedient : the interests of each appear to be best consulted
and secured on a basis of mutual accommodation ; so
also the object for which the Char't n'S were originally
designed. If your Lordship shall be of opinion that an
amicable adjustment is desirable, we shall then most
readily and respectfully attend to any suggestion your
Lordship may make, with a view to the accomplishment
of the proposed end.
" Our most anxious wish is to combine the public ser-
vice with the great duty we owe to our noble client's
interest, and we think they are intimately blended to-
gether.
" We have the honour to be,
" My Lord, &c."
The letter remained unnoticed f jr several weeks, and
on writing again in reference to it, a note from Lord
Howick, of the 23'*d of January, stated that no commu-
nication had been received at the Colonial Office from
Lord Stirling's solicitor, another copy was therefore,
nithoutloss of time, transmitted to Lord Viscount Howick
the next day.
On the 31st the following letter, addressed to Mr. Burn,
was duly received :
" Sir,
"J hare received, and have laid before Viscount
Goderich your letter to myself, of the 24th instant, and
I have received his Lordship's directions to acknowledge
the receipt of a letter addressed to him by yourself in the
name of your firm, dated December, 1831, in regard to
certain claims on the British territory in North America,
cidvanccd by the gentleman who assumes the title of Earl
of Stirling.
** Lord Goderich directs me to say for your information,
that his Majesty's Government decline to enter into any
negotiation which* yourself or your client on the sub-
ject of his claims.
*' Lord Goderich is of opinion that no advantage, public
or private, is to be anticipated from prolonging the cor-
respondence which your client has opened with this de-
partment respecting his claims, but that he should be
distinctly apprised that they are, and will be, altogether
denied and resisted.
" I am, &c."
1^
*
To this letter containing, as it appeared to Lord Stir-
ling's advisers, a misapprehension (to give it the mildest
term) on a vital point of his title, the following reply
was sent on the 3rd of February following.
" My Lord,
" After the prompt and peremptory refusal to
enter into any negotiation with Lord Stirling or Mr. Burn
relative to his Lordship's claims in British America, we
should net have presumed to write again, but for a serious
mistake or misapprehension on the part of the Colonial
Office. Lord Stirling is described by your Lordship as
*' the gentleman who assumes the title of Earl of Stirling."
This must be a mistake, unless your Lordship deems the
law of Scotland inoperative in questions of title acquired
by heirship, and found good by the proper tribunals of
that country. A party taking up a peerage which may
have remained dormant for a time, is not surely to be
considered the less entitled to it, because his family had
* So in original.
]0
not resumed it. Had L ord Stirling, before sueh proofs
and legitimate decisions on his claims in Scotland, called
himself Earl of Stirling;, and never gone before such tri-
bunals there to establi&h the legality of the title, he would
then have been the party described by your Ijordship as
assuming it. The laws of his country, of which his
Lordship is now a recorded peer, establish then, but do
not confer, a title which he by birth hnd common jus-
tice is bound to protect on behalf of himself and his
family, nay, I may add also, of his country.
'< A person claiming a dormant title, and taking it
before adjudication, is, as your Lordship must well know,
he who assumes it, and who may in such circumstances
be well dealt with as a stranger.
" Lord Stirling will be advised necessaril> to resort to
every tribunal and means of redress here that may be
open to him for a restoration of his rights, and publicity
will accordingly be given to every material part of his pro-
ceedings. To have the Government opposed to him is, no
doubt, fearful odds; — to have justice on his side, his
main and almost only support. We can readily imagine,
that in the pressure of public business, claims, however
well founded on due enquiry, may be cast aside as in-
terfering with more extended interests. But the very
circumstance of so vast a power being centred with his
Lordship's powerful opponent, is that which more loudly
calls for the strictest adherence to equity and justice.
It is clear, beyond all doubt, that the theory of British
legislation and government is laid on the sure foundation
of perfect and impartial justice to every one. Happily it
is so for the most part in practice, also ; and on strict
attention being paid to this particular subject, there is
roally nothing ultimately to df^ter Lord Stirling from the
prosecution of his rights.
" It may be proper to state, that had an opening been
11
left for negotiation, Mr. Burn was instructed and pre-
pared, on the part of his Lordship, to make the. most ample
concessions : the Governmei:i claiming all, certainly stops
any further progress in this mode. It is, however, a
small thing for Government, were it even to acquire every
part of the territory in dispute, though that is every thing
to the individual claiming it. The advantage, then, of a
full and fair enquiry (the parties having unquestionable
power) would have been manifestly important ; for by
such enquiry, and the arrangements consequent upon it,
would have been ended many questions, at a prodigious
saving of time, that will now have to be discussed and
settled in a very different spirit and manner.
** Both public and private benefit seemed to be in-
volved in the mode of meeting the subject proposed. In
the distinct denial and refusal to listen to Lord Stirling's
claims, a dreadful evil is inflicted, if they be just.
" We have the honour to remain,
" My Lord, &c.'
ff
On the 4th of February, with singular [dispatch, Lord
Howie k writes again as follows :
** Gentlemen,
** I have laid before Viscount Goderich your
letter of the 3rd instant, and have received his Lordship's
directions to acquaint you that it never has been, and is
not now, his intention to intimate any opinion respecting
the validity of the claim of your client to the earldom of
Stirling ; Lord Goderich conceives that, until the claimant
of that title shall have established his right to the satis-
faction of his Majesty, or of the Honse of Peers, it could
not, with propriety, be recognized in any official com-
munication written by the King's Secretary of State, or
by his direction.
m^g
12
u
'Ml
CC
With respect to the other topics to which your letter
refers, it does not appear to Lord Godcrich that .:^ny ad-
vantage would accrue cither to your client, or to the
public at large, from his Lordship engaging in any fur-
ther discussion of them.
« I am, &c."
It still appearing to Lord Stirling's advisers, that mis-
apprehensions existed on this important subject with the
Colonial Office, the following letter, the last addressed to
Lord Viscount Howick, was transmitted to his Lordship
on the 6th of February :
" My Lord,
" We beg distinctly to state that there is not
any disposition on our parts to prolong a correspondence
little likely to lead to favourable results for our client,
but again there appears to be a misapprehension on the
part of the Colonial Office, that, if erroneous, should be
set right. It is this, that the title of Lord Stirling as a
peer, and his title as the heir of the first Earl of Stirling,
to the territories claimed, being totally and entirely dis-
tinct rights, seem to be considered as identical in your
Lordship's communication. With the distinction taken
for not officially recognising the peerage title, it is not
our business to comment or reply. That, for the pre-
sent, may be therefore left out of consideration. The
most important interest of the territorial property is the
only one we should venture to press on your Lordship's
consideration, and we do so at this period of the corres-
pondence with reluctance, but at the same time respect-
fully, lest the decision given against his Lordship's claim,
being mixed up with that against the title, may have in-
duced the refusal to negotiate. Should we, however, be
mistaken, and it be the fact that your Lordship has deter-
IS
mined, in reference to both points, to end the corres-
pondence, wc have done, and shall then, as our duty
requires, endeavour to substantiate I^ord Stirling's rights
to the fullest extent, by every other means within our
power.
" We have the honor to be,
" My Lord, &c."
The correspondence ends here, anc' as the following
pages will, in detail and argument, contain full comments
thereon, none here are now deemed necessary.
CHAPTER ir.
V fi
i-i'
Of the Territories granted by the Charters*
In the Chai'ter granted by King James I., we have the
following words : — " 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 em-
*' ployment, 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,
'Mf 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 J not also of money, and may not make a disad-
14
*' vantageous return from the mcrchanJizc of the king-
" dom itself at this time, when trade is so diminished as
" to its returns ; for those causes, as well as on account
" of the faithful and acceptable service of our beloved
" councillor, Sir William Alexander, Knight, to us ren-
" dered and to be rendered, who, first of our subjects, at
" his own . expense, endeavoured to jtlant this foreign
** colony, and sought out for colonization the divers
** lands circumscribed by the limits hereinafter desig-
** nated:*
The Charter afterwards " gives, grants, and dispones to
" the aforesaid Sir William Alexander, his heirs or
" assigns whomsoever, hereditarily, all and singular the
" lands, continents and islands situate and lying in Ame-
" rica, within the cape or promontory commonly called
" Cap de Sable, lying near the latitude of 43 degrees or
" thereabout, from the equinoctial line northward, from
*• which promontory toward the sea coast, ranging to the
" west, to the harbour of Sancta Maria, commonly called
'* Sanctmaries Bay, and thence northward by a right line
" to 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 Sancta 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 sta-
** tion, port, or shore, commonly known and called by
" the name of Gathepe, or Gasp^% and thence south east-
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" ward to the islands called Bacalaos, or Cape Breton,
** leaving the same islands o i the right, and the gulf of
" the said great river of Canada, or great naval station,
*^ and the lands of Newfoundland, with the islands per-
taining to the same lands on the left, and thence to the
cape or promontory of Cape Breton aforesaid, lying
** near the latitude of 45 degrees or thereabouts, and
" from the said promontory of Cape Breton towards the
" south ar i 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,
" ^11 lands, continents, 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 Cape Breton lies) and on the
*'* southern part of the same (where Cap dc Sable is) all
'' seas and islands towards the south, within 40 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 30 leagues
" from the said Cap Breton, in the sea, and being in the
** latitude of 44 degrees, or thereabouts, which lands, in
" all times 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."
Then follows the grant of mines, minerals, precious
stones, and pearls, &c.
Such was the nature and extent of the teriitories
granted to the first Earl, and the Charter of Novo Damus
of the first year of King Charles the First, confirms the
same, with ampler powers in favour of the Grantee and
bis heirs, &c. This Charter is dated IG25.
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By a subsequent Charter in the third year of the said
King^ 1628, his Majesty " gives, grants and dispones to
*' the foresaid Sir William Alexander, his heirs and assig-
** nees, heritably for ever,all and sundrie islands within the
"Gulf of Canada, lying between Nova Scotia and New-
*' foundland, at the mouth and entrance of the great river
'* Canada aforesaid, where it falls and enters into the
** said gulf, (including therein the great island Anti-
costi), also we have given, granted and disponed, and
by our present Charter give, grant and dispone to the
« beforenamed Sir William Alexander, all and sundry
** islands lying within the said river Canada, from the
" said mouth and entrance up to the head fountain and
*' source thereof, wheresoever it be, or the lake whence it
" flows, (which is thought to be towards the gulf of
" California,) called by some the Vermilion Sea,) or
" within any other rivers flowing into the said river
*' Canada, or in whatsoever lakes, waters, or arms of the
** sea, through which either the said great river Canada,
" or any of the said other rivers pass, or in which they
" discharge themselves. And further, we have given
'' and granted, and, by our present Charter, give and
** grant to the foresaid Sir William, and his foresaids, 50
" leagues of bounds, on both ndes the aforesaid river
" Canada, from the said mouth and entrance, to the said
*' head, fountain, and source thereof; also on both sides
'^ of the said other rivers flowing into the same ; as also
** on both sides of the said lakes, arms of the sea, or
" waters, through which any of the said rivers have their
" course, or in which they terminate; and in like manner
" we have given and granted, and, by our present Charter,
" give and grant to the foresaid Sir William Alexander,
" and his foresaids, all and whole the bounds and pas-
" sages, as well in waters as on land, from the foresaid
" head, fountain, and source of (the river) Canada, where-
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*' soever it is, or from whatsoever lake it flows, down to
** the foresaid Qulfof Calitbrnia, whatsoever the distance
" shall be found to be, with 50 leagues altogether on both
" sides of the said passage, before the said head of (the
river) Canada, and gulf of California; and likewise,
all and sundry islands lying within the said gulf of
" California; as also, all and whole the lands and bounds
** adjacent to the said gulf, on the west and south,
*' whether they be found a part of the continent or main
** land, or an island, (as it is thought they are,) which is
" commonly called and distinguished by the name of
" California. Moreover, we have given and granted, and,
" by our present Charter, give and grant, and for u« and
" our successors, with advice and consent aforesaid (of
" his council,) perpetually confirm to the foresaid Sir
" William Alcxaf)dcr,his heirs and assignees, wiiomsoever
" heritably, all and sundry other lands, bounds, lakes,
" rivers, arms of the sea, woods, forests, and others that
" shall be found, conquered, or discovered, at any future
" time, by him or his successors, their partners, asso-
" ciatcs, or others in their name, or having power from
" them, upon both sides of the whole bounds and pas~
'* sages foresaid from the mouth and entrance of the said
" river Canada, where it discharges itself into the said
" gulf of Canada, to the said gulf of California, or the
" islands in the seas thereto adjacent, which arc not yet
" really and actually possessed by others, our subjects, or
" the subjects of any other Christian Prince, or const! -
" tuted Orders in alliance and friendship with us, with
" full and absolute power to him the said Sir William
'' Alexander, and his foresaids, (and to no others,) their
" stewards, servants, and others in their name, of esta-
'* blishing colonies, and engaging in commerce, in the
" before named places or bounds, or any part of them
" particularly designed, and of expelling or debarring all
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** Others from the snmc : ftlso of leasing out proportions
" of the lands thereof, to whatsoever person or persons
" shall seem to him fit, and on the same terms, con-
" ditions, restrictions, and olwcrvances, within all the
" before named bounds, as he can do in Nova Scotia, by
** whatsoever Charters or Patents granted to him by our
•' late dearest father, or by ourselves."
These most extensive grants were ratified and con-
firmed in the Parliament of Scotland, held at the castle of
Edinburgh,' 28th June, 16:^3, the first of Charles 1.
there, the King himself being present.
As the limits of these grants might be said to admit of
doubt in some particulars, it must be allowed that con-
flicting claims were set up by the French to some parts of
them. It appears to be wholly unnecessary to pursue the
histoiy of the disputes between the two countries prior
to the treaty of Utrecht, as the limits were then more
clearly defined.
The 16th preliminary article thereof, to which M. de
Torcy agreed on the 28th of May, 1709, is as follows : —
Article 16. " The most Christian King shall yield to the
•* crown of Great Britain whatsoever France is possessed
" of in the island of Newfoundland, and whatever coun-
** tries, islands, fortresses and colonies which have been
** taken and possessed on both sides since the beginning
'* of this war, in what part soever of the Indies that they
** may be situated, shall be restored on the part of the
** Queen of Great Britain and his most Christian Ma-
" jesty.''
At a more advanced period of the negotiation, we have
the following article : — *' The island of St. Christopher,
** Hudson's Bay, and Strait of that name shall be yielded
** up entire to Great Britain, and Acadia, with Port Royal
** and the fort shall be restored entire to her Majesty."
In the speech from the throne, after announcing the te-
19
nor of the treaty, her Mi\jeMty Queen Anne thus cxpresMCfl
herself on the sulyect : " Our interest is so deeply con-
" cerned in the trtidc of North America, that I have used
** my utmost endeavours to adjust that article in the
** most beneficial manner. France consents to restore to
" us the whole bay and straights of Hudson, to deliver
** up the island of Newfoundland^ with Placentia, and to
** make an absolute cession of Annapolis, with thcrest of
" Nova Scotia or Acadia.'*
Such arc the territories given by the Charters, and
wliich were all duly possessed by the first Barl. It be*
came requisite for the present Earl to make out his title
under the original Charter granting the property, and
this his Lordship cfTectcd according to the proper forma
of law in Scotland, Nova Scotia being united to and made
a part of Scotland by the Charter. It is termed the ser-
vice of an heir, and proceeds upon a brief, which has the
special name of a Brief of Inquest. It issues from the
chancery in Scotland, directed to a judge there, which
must be proclaimed and published at the headborough of
the jurisdiction within which the heir is to be served.
After the expiration of fifteen days, the service may
proceed before the judge.
Thejuiy to try the heirsliip consists of fifteen persons,
sworn to act faithfully. The inquest thus set, the ap-
parent heir then produces his claim, and the jury may
proceed, not merely on the evidence, but on the proper
knowledge of any two of themselves, being considered
both in the light of judges and witnesses.
If it appear to the inquest that the claim is proved,
they declare it by a sentence or service signed by the
chancellor of the jury, and attested by the judge. The
clerk to the service then prepares aretour (return) of the
original claim, &c. with the verdict to the chancery,
which, after being recorded, is called the rctour. This
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service being a sentence, must be restricted to the claim
ofTcred to the inquest.
Lord Stirling has been returned in due form of law*
1st. As heir to his deceased mother, Hannah, Countess
of Stirling, as heiress to her brother Benjamin, eighth
Earl of Stirling de jure, who was the last heir male of
the body of William, first Earl of Stirling. This was on
the 7th of February, 1826.
2ndly. As nearest and lawful heir in general of his
greac-great-great-grandfather, William, first Earl of Stir-
ling, on the 11th October, 1830.
Srdly. As nearest and lawful heir of Tailzie and provi-
sion to the said first Earl, 30th of May, 1831, and
4thly« As nearest and lawful heir in special to the
first Earl, on the 2nd of July following.
And his Lordship was on the 8th, in virtue thereof,
and by precept from his Majesty directed forth of his
said chancery in Scotland to the Sheriff of Edinburgh,
infeft in the whole country of Nova Scotia, the Lord-
ship of Canada, with all their parts and pertinents, the
office of his Majesty's hereditary lieutenant of NovaScotia,
Canada (new Brunswick and the adjacent islands included)
&c. in tenure of the original grants, and is therefore
under such infeftment in the legal occupation and posses-
sion of all the high offices and of all the lands not dis-
poned (granted) by his ancestors. The American pro-
perty being made by the Charters part of the county
of Edinburgh for the purpose of seisin, this is directed to
be taken, and was taken pursuant thereto, at the castle
of Edinburgh, the most conspicuous place therein.
These services and returns are not traversible (that is
not to be questioned) but are taken as true, and can only
be reduced (overturned) at the suit of a better claimant.
We shall conclude this chapter with a very few obser-
vations naturally arising from what has been stated. By
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law Lord Stirling has recovered the patrimony of his
ancestors. By law he is in actual possession of his estate,
and by law no other person, be he who he may, has any
title to interpose between him and his just rights. We
are informed, notwithstanding, that the local authorities
in Nova Scotia and Canada are instructed to prevent his
real enjoyment of his property.
Let us view this matter a little more closely, and sec
to what it amounts. The reader will not hesitate to
admit that the judges in Scotland are actually acquai'^ted
with the laws they administer ; that the verdicts already
recorded of the juries there have been in accordance
with the same laws, and that execution or seisin had
pursuant thereto, was also agreeable to and not contrary
to the same laws. Will any man, lawyer or otherwise,
hesitate for an instant to make these very reasonable
admissions ? If so, then the inferences, the obvious and
necessary conclusions to be drawn from them are clearly
that the judgments are only to be questioned, or contro-
verted, or overturned by appealing to the same laws,
before the samo tribunals, upon the like principles, and
no other whatever. Has this been done, or even
attempted to be done by any one ? No. Can it be done ?
By whom ? How, and when ? Yes, but only by a party
who can shew a better title than Lord Stirling, and
thereby reduce his. Until this be done, and Lord Stir-
ling is perfectly assured and ascertained in the fact that
it cannot, then every interruption given to his Lordship's
recovered and recorded right and possession, no matter
by whom, must be a direct infringement on the law of
Scotland, as well as a gross act of injustice to Lord Stir-
ling. The reader cannot doubt that the great purposes of
all governments are to protect rights, not destroy them ;
to support, not violate the laws ; to act by and not against
them. Who ever yet doubted, or disputed, or denied
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these truths ? And yet in this country, of all others, sin-
gular, yet true it is, that we have a war of extermination
actually waged against an i^idividual who presumes to ask
and require, and demand, as he has a right to do, the
protection of the laws, and to shield himself from op-
pression under that sanction hitherto held to be impreg-
nable ? If in the plenitude of official power, a deliberate
violation of the laws of an ancient kingdom can take
place, to the utter ruin and destruction of Lord Stirling,
how stands the case with any other individual ? He who
reads these pages, and truly considers their bearing and
import, will see that where the laws are trampled down
for one object of oppression, what is to stay their abuse
in another ? Lord Stirling's case of to-day may be his
on the morrow. Who can tell on what security he rests ?
Who can be assured of safety under any title ? Where
is shelter to be found, when no law, save animal force
and violence only exist ?
h:;
CHAPTER III.
Of the Powers given by the Charter respecting Honors,
Titles and OJices.
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The same method will bo pursued in this chapter as in
that respecting territories, by extracting from the Char-
ter of 1625 ^he portion of it embracing the subject, with
such comments thereon as may appear to be requi-
site.
After giving various other powers, the Charter goes on :
** And that men of honorable birth may be incited to the
" undertaking of that expedition, and the settling of
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planters on the said lands^ wc, for us and our heirs and
" iuccessors, &c. give and grant free and full power to
" the aforesaid Sir William Alexander and his foresaids,
" of conferring favors, privileges, offices and honors on
*' the deserving, with plenary power of disposing and
" even giving to them or any of them, &c. &c. Also of
'^creating inventions of all sorts, arts, faculties or
" sciences, or practising the same in whole or in part for
their good, &c. Also of giving, granting and bestow-
ing such offices, titles, rights, and powers, constituting
" and appointing such captains, officers, baillies, rulers,
" clerks, and all other regality, barony, and borough
" officers and other functionaries for the administration
** of justice, &c. &c. as shall seem to him necessary,
" according to the qualities, conditions, and merits of the
" persons who shall happen to reside in any colony of the
" said provinces, or any part thereof, or who adventure
** their means or fortunes for the advantage and improve •
** ment thereof, &c. &c." And in reference to what is
stated, the Charter declares ; ** That the said Sir Wil-
" liam Alexander and his foresaids shall have one com-
*' mon seal belonging to the office of lieutenant justiciary
" and admiralty (vested in him and his foresaids) which
** shall be kept by the said Sir William Alexander and
*' his foresaids, or their deputies, in all time coming, on
" one side of which shall be engraved our arms, with
" these words in the circle and border thereof: ' Sigil-
" lum Regis Scotie Anglie Francie et Hybernie,* and
" on the reverse side our likeness, and that of our sue-
" cessor,with these words : 'Pro Nove Scotie Locum-
" tcncnte,' a just model of which shall remain in the
** hands and custody of the said conservator, which he
" can use in his office as occasion shall require.'*
And again, giving power " in like manner of erecting,
founding and constructing common schools, colleges
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** and universities, &c. as also of creating prelates, arch-
** bishops, bishops, rectors, and vicars of parishes, &c.
*' and likewise of founding, erecting and instituting a
** senate of justice, places and colleges of justice, sena-
" tors of council and session, members thereof for the
" administration of justice, &c. Further, of erecting and
appointing secret and prvy councils and sessions, &c.
and giving and granting titles, honors and dignities to
" the members thereof, and creating their clerks and
" membcri, and appointing oeals and registers with their
" keepers, and also of erecting and instituting officers of
" state, as Chancellor, Treasurer, Comptroller, Collector,
** Secretary, Advoc: ie or Attorney General, clerk or clerks,
" register and keepers of the rolls, justice, clerk, director
" or directors of chancery, conservator or conseiTators of
privileges of the said country,advocates, procurators and
pleaders of causes, and solicitors, and agents thereof,
" and other members necessary. Further, we have made,
" &c. the said Sir William Alexander, and his heirs and
" assignees, our and our heirs and successors Lieutenants
" General, to represent our rcya! person, as well by sea
" as land, of all and whole the said country and lordship
" of Nova Scotia, as well during the space in which he
" shall remain there, as on his or their voyage to the said
" country or from it, and for ever after their return,
" without interval of time or place, excluding all others
" from the usurpation thereof, or from a claim to any
" rights, benefits, authority and interest within the said
bounds and lordship of Nova Scotia, or to any judica-
ture or jurisdiction heretofore, in virtue of any forc-
** going or subsequent right or title whatsoever."
The Charter also grants power to make laws, build
cities, and appoint rulers and commanders, and consti-
tutes " the said Sir William Alexander, and his heirs and
" assignees heritably our Justice General in all criminal
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" causes within the said countr}' and lordship of Nova
" Scotia, High Admiral, and Lord of Regality and Admi-
*' ralty within the said country, hereditary high steward,
'' also thereof, &c. in like manner, and as freely as any
" other Justice or Justices General, High Stewards, Ad-
" mirals, Sheriffs or Lords of Regalities, had or can have
*' or possess and enjoy the said jurisdictions, judicatures,
'' offices, dignities, and prerogatives in any of our king-
" doms, bounds, and dominions whatsoever," &c. Again,
** further, we for us, &c. give, grant, ratify, nnd confirm
'^ unto the said Sir William Alexander and his heirs and
" assignees, all places, privileges, prerogatives, preemi-
" nenccs and precedences whatsoever, given, granted,
** and reserved, or to be given, granted and reseiTed to
*' the said Sir William Alexander and his heirs and
*^ assignees and successors, lieutenants of the said coun-
" try and lordship of Nova Scotia, on behalf of the
" knights, baronets, and remanant portioners and asso-
" ciates of the said plantations, so as the said Sir Wil-
*' liam Alexander, and his heirs male descending of his
'' body, as lieutenant aforesaid, shall and may take place,
** prerogative, preeminence and precedence, as well
** before all esquires, lairds and gentlemen of our said
" kingdom of Scotland, as before all the foresaid knights,
" baronets of our said kingdom, and all others,
" before whom the said knights, baronets, in virtue of
" the privileges of dignity to them^ can have place and
*' precedency for the advancement of which plantation
" and colony of Nova Scotia, and in respect of it, espe-
" cially the said knights, baronets were, with advice
" aforesaid, created in our said kingdom of Scotland,
" with their state and dignity, as a special token of our
** favour conferred upon such gentlemen and honourably
*' born persons, portioners of the aforesaid plantation
*' and colony, with this express provision always, that
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** the number of the foresaid baronets never exceed one
" hundred and fifty."
Thus far the Charter, under which, and the former one
of King James, Nova Scotia Baronets were created, and
grants of land made to them to sustain the title. But
though the inducement for their creation was obviously
to benefit the then infant colony, it was not stated what
quantity of land should support the qualification. This
omission was supplied, however, seven days after the
date of the Charter of King Charles, by the letter of his
Majesty to the Privy Council of Scotland, dated 19th July,
1625. It is to be *' thrie myles in breadth and six In
" lenth, of landcs within New Scotland, for their several
" proportions ;" and " to the end that those who are to be
** Baronetes, and to help thereunto, may not be hinderit
'* by coming unto us for procuring their grantes of the
" saide landes and dignities, but may have them there
'' with less trouble to themselfs and unto us, we half
* ' sent a Commissi one unto you for accepting surrenderis
** of landes, and far conferring the dignitie of Baronet
" upon such as shall be found of quality fitt for the same,
*' till the number appointed within this said Commission
" be perfected," &c.
Sir William Alexander, after this, viz. on the 30tli
November, 1629, conferred the title of Baronet on a
party, under the Great Seal of l>^ew Scotland. After
reciting the Charters and the worth and service of the
party " in advancing and facilitating of their plantations,
" therefore wit ye, me the said Sir William Alexander,
" to have conferred titles, as I the said Sir William
" Alexander as his Majesty's Lieutenant and Deputy
" aforesaid, and having power and authority as said is,
" (in so farre as my said power and authority doth and
" may extend, and no fart^er,) do by these presents
** confer in and upon the said — — and heyres male of
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his body, from tyme to tyme, in all tymc coming,
the hereditary state, degree, order, name, dignity, and
title of Baronet of New Scotland, with all and sundry
prerogatives, privileges," &c. &c.
This grant is signed, sealed and delivered at Whitehall.
The foregoing particula are given as evidence of the
actual exercise of the powers of the first grantee, Sir
William Alexander, afterwards created Earl of Stirling,
as that has been disputed, and probably on the ground
that the grants of such title, though emanating, in the
first instance, from Lord Stirling, were many of them
afterwards held of the crown, by Charter of Novodamus,
to the respective parties. Now this may well be, for the
Charter to the Earl, before quoted, contains a clause
empowering him and his heirs, &c. to make grants and
infeftments, &c. by ** whatever styles, titles and desig-
" nations, shall seem to them fit, or be in the will and
'' option of the said Sir William Alexander and his
** foresaids, which infeftments and dispositions shall be
** approved and confirmed by us and our successors,
** freely, without any compensation to be paid therefor."
The professed object in giving this extensive privilege
to the first Earl of Stirling and his family, was to induce
men of character and honour to settle in and improve
the new colony. But there was a limit to the creations,
which were in no case to exceed 150. The original
creations were short of this number, and of them not
more than 50 are now existing, a great number having
become extinct. The right to the title in any one of the
Baronets has never been questioned, nor indeed can be,
without questioning the validity of the Charters which
gave the power to create them. The power that would
now destroy the Charters must, if consistent and well-
founded, destroy the Baronetcies also. They appear to
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be inseparable, of equal validity, and equally unassailable
on any principle hitherto recognised.
How comes it then, that the Colonial Office deny the
Charters, and admit the grants made under them ? De-
stroy the foundation, and say the superstructure may
stand. Can any other office effect so much ?
These powers, ample and singular as they may seem,
are not, however, without parallel, for the same monarch
granted to Edward Somerset, second Marquis of Wor-
cester, 1st April, 1644, as follows: *' and for persons of
" generosity, for whom titles of honour are most desi-
*' rable, we have entrusted you with several patents under
*' our great seal of England, from a Marquis to a Baronet,
" which we give you full power and authority to date
" and dispose of, without knowing our further pleasure,
** so great is our trust and confidence in you, as that
" whatsoever you do, contract for, or promise, we will
*' make good the same accordingly, from the date of this
" our Commission, forwards, which for the better satis-
•* faction, we give you leave to give them or any of them
*' copies thereof, attested under your hand and seal of
" arms," &c. — Lodge's Patents, 4th Ed. No. 45.
It may be proper to call the readers's attention to the
first Chapter, as it regards the title of Lord Stirling to
be Earl of Stirling ; as if his power, under the Charter,
in any respect depended on that title. It is quite clear,
that those powers being given to Sir William Alexander,
can in no respect be coupled with, or dependent on, a
title of honour in Scotland, subsequently confirmed.
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CHAPTER IV.
On the Protecting Clauses of the Charters,
Xhb first Earl of Stirling having actually spent more
money on the territories granted to him, extensive as we
have seen, than they were then worth, is secured in the
perpetuity of his title to them, by every means that
could well be devised.
The main inducements for the grants were, in addition
to that of peopling the country, " in consideration of the
" faithful and grateful service rendered and to be ren-
** dered to us by our well-beloved councillor. Sir Wil-
" liam Alexander, Knight, who, at his own expenses, the
" first of those of our country, undertook the conducting
** of this foreign colony, &c.** And again, in another Char-
ter, '* in consideration of his great charges and expenses in
" his various undertakings, in the providing of ships, en-
" gines of war, ordnance, and munition, in the conduct-
" ing of colonies, as also in exploring, settling, and taking
** possession of the said country, &c." Then " because the
*' timely entry of any heirs, &c. on account of the long
** distance from Scotland, we have dispensed with the
said non-entry whenever it shall happen." And again,
by our present Charter, will, declare, decree, and or-
" dain, that one seisin, now to be taken at our Castle of
" Edinburgh, &c. with the tcinds and teind sheaves
*' thereof included, respectively is, and shall be, suflfi-
*' cient seisin for all and whole the foresaid lands, coun-
" try, and lordship of Nova Scotia, &c. notwithstanding
*' the said lands, &c. are far distant, anii lie discontiguous
" from our said kingdom of Scotland j ac to which we,
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" with advice and consent aforesaid, have dispensed, and
" by our present Charter, for ever dispense."
Again, " which lands and privileges, jurisdiction, &c.
specially and generally abovementioned, together with
all right, title, &c. which we, or our predecessors or
successors, have, had, or any way can have olaim, or
pretend thereto, &c. or to the mails, farms, profits, and
" duties thereof, of whatsoever years or terms bygone,
** for whatsoever cause or occasion we, with advice forc-
" said, &e. of new, give, arrant, and dispone to the fore-
" said Sir William Alexander, and his heirs and assignees,
" heritably for ever ; renouncing and exonerating the
same simpliciter with all action and instance heretofore,
competent to, and in favour of the said Sir fFilliam
** Alexander and his heirs and assignees, a^<^^ ^
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" sequence. Th?t. Mr. — thought so in not returning
** the cover, I cannot doubt. The seal, for instance, is
" some one's, a Viscount's, with a G. under the coronet.
" This would apply to your Lordship, as was intended,
to Viscount Granville, and to not many more parties.
No difficulty would have existed, with the seal, to find
** (»ut whose it wss. Well, then, that fact ascertained,
-' now could it be obtained, and by whom ? But I should
" pay an ill compliment to your Lordship's understand-
" ing to go farther, as it must occur to the mind of every
" one, that a material link of the chain of enquiry is
'' wanting. Withholding the seal, however, is evidence
" another way, were it needed to fix the writer, for his
** most earnest desire should have been to remove the
" burthen, were it practicable, from his own shoulders.
" Your Lordship will pardon my having said so much
in reply to that part of your Lordship's letter.
" As to promoting the enquiry, I did naturally expect
that something more would have been done than merely
*' to return the forged letter, with the intimation that
" it was a forgery, told to me before, and that your Lord-
ship did not ^know the writer. This again fixed, were
it wanting, the writing of it on Mr. — . He might
*' well desire to quash further investigation, knowing
*' where it might end, and the affected carelessness of
** throwing aside the cover of a letter, not addressed to
♦* him, recollect, but another, and sent to him for a very
*• particular purpose, is quite of a piece with the rest of
** his conduct."
The reply to this letter by his lordship states positively
that the party charged with having written tbe forgery
was " a gentleman of the strictest honor and integrity,
" quite incapable of being guilty of any thing so shame-
" ful as that which you have imputed to him, but
" nothing," adds his lordship in another part, *♦ suggests
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" what possible motives any person could have in forging
" that letter : still less what could have induced ani/
person connected with me, or with my office to take
part in so trumpery a fraud, so easily and necessarily
" detected, from the moment that the individual to whom
*' the forged letter was addressed, or any person in his
«' behalf, should present himself at the office by virtue of
" that invitation." To be sure such a person would be
told that the letter was a fraud and a forgery. Does it fol-
low that the party committing the fraud and the forgery
could also be detected on the former so presenting himself?
Certainly not ; so that the contemplated mischief might
have been effected, and the culprit still undiscovered.
His Lordship adds in a postscript, *' As you have now
** thought proper to charge a particular Hdividual, you
" will, doubtless, proceed to bring it to proof. In this I
" shall be most happy to join, &c.** The reply to this
letter states, '^ How a gentleman so circumstanced could
" be induced by any means whatever to lend himself to
'' such a measure is totally out of my power to explain.
" A forgery is clearly committed. It had for its object,
" I believe, the incarceration of my client. It had nearly,
" very nearly succeeded. But for my prompt attention,
" it would have succeeded, and then what assignable
" motive could actuate Mr. — in such a base attempt ?
" I caimot tell, but I may yet discover one, no good one
" certainly, but here is the main business of further in-
" quiry. I believe the conspiracy is planned by others.
" My first letter, enclosing the forgery to Mr. — gave
'< the means of making inquiries, and I did suppose that
" ail I am doing and intend doing would have been done
** better for me at the Colonial Office. There, however,
" I am baffled by the loss, at starting, of one material
" link in the chain of inquiry and detection, and not only
" thrown back upon my own thus diminished resources.
!?'; ft
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49
" but called upon somewhat prematurely to come to the
" proof, as against Mr. ■ Surely it is not necessary
" to say, in the progress of an important inquiry, when
" guilt unquestionably rests on some one or more par-
" ties, that premature disclosures may disconcert the
" whole. It is for him who pursues guilt to choose the
** time for fixing it with the most effect. 1 think, in any
" other case, this would appear manifest to your Lord-
" ship." His Lordship answered, ** I retain my opinion
" — you retain yours. Of course, therefore, I have only
" to say, that if you will ^indicate to me, through what
** channels, or by what means the author of the forged
" letter can be detected and punished, I will do whatever
" may be in my power to assist, &c.'*
This offer, so full and so fair, was replied to thus: —
" My first letter to Mr. intimated the (juarter
" whence an attempt to incarcerate Lord Stirling might
" emanate. In what vvay the machinery was to be con-
" nected with Mr. — — — was a fair subject of inquiry,
" in two respects, — to acquit him of all blame, if inno-
" cent — to fix the proper parties instead of him, or by
" possibility get at others by whom he might have been
" induced to lend himself to such a purpose. Being sure
" that I have fixed him ; your Lordship being equally
" sure that he is incapable of thus acting, co-operation
" of inquiry can scarcely be expected. A case may be
'^ ' damned with faint praise,' and this requires unre-
" mitting exertions. All I shall venture to ask of your
" Lordship therefore, would be the return of the enve-
" lope, if it be not actually destroyed, Mr. ■ saying
" he was not sure of it ; a seal of Lord Granville, if a
" small seal, with a G. under a coronet, and not other-
*' wise, can be had from any official communication, to
" which it may have been affixed ; a few sheets of paper,
*' of different makers, used in the Colonial Office, of the
£
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60
" size of your Lordship's letter, and n stick of sealing
" wax. With these materials, slender as they may seem,
" I may work out my way to a clearer course of pro-
** cecding. It cannot but be painful to your Lordship's
" feelings to continue a correspondence of this descrip-
" tion. It is exceedingly so to me j not from doubt, but
" certainly of conviction of having made good a material
** part of my ground ; a pivot now on which all my future
" proceedings will turn."
Mr. Maule, the Treasury Solicitor, now took up the
matter by Lord Goderich's instruction, having had all
the preceding correspondence confided to him, and an
interview being offered, it was accepted by Mr. Burn,
without delay. This ended in nothing. Mr. Maulc
thinking there was not even a primft facie case made out,
and asked, with a certain air of confidence, what motives
could be assigned for the commission of the forgery, as
if it were imperative to shew that, before admitting the
charge at all. Thus the proferred assistance in the
investigation, was in effect, to throw the whole burthen
of the proof on the party injured, and complaining, with-
out in any way whatever taking a single step in aid of
the investigation. To leave nothing undone, however,
nothing unexplained, as far as Lord Stirling's limited
means extended, Mr. Burn did e-en endeavour to trace
the motives of the base attempt, as the following extracts
from his letter to Mr. Maule, will shew.
" In the affair of the forgery, I am called upon to as-
" sign motives for it against an honourable man. It is
** impossible. In this instance, the guilty individual
" must have fallen from honour and propriety of conduct,
** ere he could condescend to do the act." " But I can
" conjecture motives, coupled with circumstances that
" may, in a moment of over zeal on the one hand, and
" easy inducement on the other, have led to it." " My
51
»
id
" unfortunate client, eiititleci by Churterti, witli wliich
you mu»t be t'aiiiiliar I presume^ to an immense Scot-
tish territory, has through me taken every means
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hitherto in liis power, to secure and manifest his rigltts.
1 began by writing to Lord Goderich, about nine
*' months ago, offering a basis for coming to an arrange-
" ment.
" Lord Howick distinctly replied, in a not very cour-
" teous letter, that the claims would be wholly resisted
** and denied. After some correction of apparent mis-
** apprehension, and a great anxiety on my part to pre-
" vent what has since occurred, I was, to use the common
** phrase, driven out of court. The claims being o.i a
" public nature, affecting great political interests, as well
" as private, the public has been addressed repeatedly in
" co-operation with other means for obtaining redress.
" A Petition ^o Parliament ordered to be printed, and on
*' which in due time it is competent to move, had the
" effect of stopping the second reading of a Bill, whose
" object was in effect, to take so much of my client's
" estate from him for public purposes. The Bill in
" Chancery against Bridge and others, of which it appears
" that you have a copy, was another mode to fix my
" client's rights. Now these proceedings may have been
" unpalatable to the Colonial Office. With whatever
" contempt the claim and the claimant may have been
" viewed, yet his measures may have had influence
" enough to be annoying. Arrived at this point, delayed
" as we may suppose in favorite measures, the heads of
*' the Colonial Ofiice may have occasionally expressed
" displeasure at any interruption, however contemptible
" in their apprehension. It is an easy transition then to
" suppose that an over zea'ous dependant, with the talent
" for a little mischief, and waiting a favourable oppor-
" tunity to end Lord Stirling, his case, his cares, and his
H
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53
" claims, might, when such opportunity occurred, do an
" act not likely to be discovered, which would apparently
** be acceptable to his principals. If in this also he
** served a friend, then these are motives, all bad it is
" true, but these are inducements to do once, only once,
** and in a few minutes, a thing that must ever corrode
" the feelings of a party not otherwise abandoned. Few
*' men are less suspicious than myself, few more aristo-
" cratic, and therefore more reluctant to impute dis-
** honour, where honour only ought to guide the conduct
" of men honourably born and bred. How painful then
" to have my eyes opened to this revolting subject ! 1
" must pursue the enquiry link by link, through all its
" tortuous ramifications, for this is a duty I owe to my
" client. Where and how it may end, it is not in my
** power to foresee. Grant, however, that complete suc-
** cess shall crown my exertions, the subject is of so
" unhappy a complexion, that it would yield no satis-
" faction to my own mind to inflict permanent injury on
** even a guilty man. This is a painful dilemma, from
" which I must have assistance, and cordial assistance
" too, to be relieved. In this letter, as you will readily
*' perceive, my mind is laid open to you, in the confi-
" dence that I address an honourable and skilful man of
" business; but I cannot expect your co-operation, setting
" out as you do from an opposite point of the compass
" from myself, for, supposing effectual progress to be
" made, every step must be painful to you that casts a
stain upon a previously good character, I assure you.
Sir, it is extremely irksome to me too, but what other
** course is left me ? My only object is justice to Lord
" Stirling, not destruction to an individual !"
We are now arrived at the close of a correspondence,
that has led to less, probably, than any of the readers
could have anticipated. On reviewing it, let us see
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53
what single step is taken at the Colonial Office to prose-
cute the inquiry ! The request is made there, in the first
instance, to have the letter for the purpose. The return
of it the next clay, merely reiterating what had been
verbally stated the day before, that it was a forgery, was
nothing, and that Lord Goderich did not know the writer,
if possible, less. Why how was it to be known, but by
inquiry in every possible quarter ! And how was that
inquiry to be directed but by agents fitted for the pur-
pose ? And who so likely to procure such assistance as
an accredited officer of the Government ? This must strike
every one who reads the preceding statement. But when
an individual is expressly charged with the fact, what
means are taken to rebut it ? He of all other mortals in
existence is called upon to exert himself to discover the
cheat, and he, be it ever borne in mind, is the party who
in the outset, casts aside or destroys one of the most
essential evidences to go on with j that is, the seal and
envelope. This is all done in pure innocence and care-
lessness, not thinking the seal of any consequence, &c.
In proportion as the thing is pressed, in the like pro-
portion is the effectual inquiry repressed, and not a par-
ticle of assistance rendered, where all the business of
investigation should have been, as proposed at first,
carried on. Let the reader attend to this very parti-
cular fact, that the seal, this thing of no importance,
thrown aside as uselcs, is yet so minutely inspected and
alluded to, that it was reiterated on all hands that it was
a Viscount's seal, the coronet over the letter G.j that it
could not therefore be Earl Grey's, and yet no seal of
any body's has been procured hitherto by any means,
(no means probably having been used,) to ascertain
whose it vvas. Now surely it was no difficult task to
have procured the seals of Lords Viscount Granville,
Gormanston, Gage, Gahvay, Gort, Guillamore, Garlics,
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34
Glandine, Glenorchy, Grey de Wilton, Grimston and
Quernsey, for to whom else besides Lord Goderich in the
list of Visconnts could it actually belong? Let us take
the matter in another point of view, and say there was no
fLorl of inclination on the part of the office to pursue the
subject, and what course is more natural than the one
actually adopted ? We, it is true, request the forged letter
of you, in order professedly to detect the cheat, but we
return it to you the very next day, shorn of its readiest
means of so doing. We then cast on you the burthen of
the proof, having thus lessened your power to succeed.
We stir not a single step further, but doubt all your
statements, inferences, charges. We, the professed pur-
suers of guilt, the discoverers of the forgery, render every
step you take less easy and more embarassing, and we
must even have a history of motives that could lead so
honourable a man to so dishonourable an act. Well,
but step by step, all that could be given^ has been given,
even up to the latter point, and what single advance has
the Office made, from the outset of the correspondence
to its final resting place with Mr. Maule, who thinks that
even a prim& facie case has not been made out, but which
a dozen persons are ready to swear to, and who still sticks
at the threshold himself and makes no further advance.
What other possible inference can the most liberal mind
draw on the occasion, but the inevitable inference that
an innocent man would stir heaven and earth to remove
such a stain off his shoulders, whilst a guilty one w^uld
equally strive to quash, in every way he could, all further
enquiry on so harassing a subject. This chapter has
already swelled out to a greater length than was intended;
and yet a great deal is untold that pertains to the sub-
ject.* We shall not attempt to excite any one's feelings
* A few sheets of paper were transmitted from the Colonial
Office, none of them however being identical with that of the
I
56
on the narrative; that is quite needless. But conclude
by asking in what form of words, by what yet unknown
language, how it is in the, power of anyone, however
indulgent, however kind, to persuade the reader to
repress the one single burst of indignant contempt with
which he views the culprit in this most abominable and
nefarious attempt ?
CHAPTER VII.
Of the Proceedings hitherto taken by Lord Stirling for
the recovery of his Rights,
It may not be known generally that in consequence of
certain proceedings in Parliament for the formation of
Land Companies on the territory of his Lordship, a Peti-
tion was presented to the House of Commons in Junelast,
and ordered to be printed. This Petition was presented
with a view to stop such proceedings, which it has done
effectually for the present. After stating the Charters,
so often quoted and referred to, and his Lordship's title
and return as heir thereunder in July, 1831, it goes on
to say that the country of Nova Scotia had been overrun
and occupied by the French, and restored to the British
Government at the Treaty of Utrecht, on the sole ground
of a prior title in the Crown to that of the French, and
evidenced by the said Charters granted to the first Earl ;
forged letters on stating this, more were sent, still omitting
the one sort actually wanted. A sheet has been procured that
18 of exactly the same maker, from another quarter, and it is
what IS called Government and Contract paper.
56
that upon the same ground and evidence the Petitioner
alleged that, in fact and in law, any other occupation of
any other party or parties, without the express sanction
of his ancestors, was an usurpation on him and his ex-
isting rights ; that his Lordship had actually commenced
proceedings in the Court of Chancery against the Com-
pany, or lessees of the Company, called the Nova Scotia
Mining Company, who had possessed themselves of cer-
tain portions of his territories ; that, notwithstanding
his Lordship's rights, a company of persons, styling them-
selves the New Brunswick and Nova Scotia Land Com-
pany, had applied to Parliament to enable his Majesty
to grant them a charter of incorporation, and that such
application was then pending, whereby, if permitted and
sanctioned, the Petitioner would be grievously injured
unless compensation were provided for him adequate to
the portion of his property intended to be applied for the
purposes of the New Company; that he had also heard
that other applications of a similar nature were pending,
or about to be made, to interfere with his said estates,
without any colour of right or pretence whatever, but
that the same were waste and unlocated, which neces-
sarily led to his manifest wrong and injury, and praying
the House to order all such unauthorised proceedings
to be stayed until a full and fair enquiry into the truth
and justice of his Lordship's statements and rights; and
that he might be heard in support thereof, by Counsel
or otherwise, at the bar of the House, or before a Com-
mittee to be named for the purpose, when all proper
parties might be also directed to attend. This Petition was
ordered to be printed, but will now have to be presented
again in the new Parliament when it meets.
The bill in Chancery, alluded to in the Petition, states
fully the several rights and powers of Lord Stirling to
call upon the [)artie9 to account to him for the proceed? of
57
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their mining or colliery operations on his territories, his
Lordship has also petitioned the Crown for payment of a
large sum of money, to the effect following, viz. That his
late Majesty King Charles the First, by his Royal Letters
Patent, in February, 1632, granted to Lord Viscount Stir-
ling the sum of Ten Thousand Pounds, in satisfaction of
losses sustained by the said Viscount in giving orders for
the removing of his colony, then at Port Royal in New
Scotland, at the King's express command, for" performing
** of an article of the Treaty betwixt the French and us.''
That the said grant expressly stated, " it is in no wise
for quitting the title, right, or possession of New Scot-
land, or of any part thereof, but only for the satisfac-
" tion of the losses aforesaid."
That the said sum of Ten Thousand Pounds had never
been paid, but was still due, and claimed by Lora Stir-
ling, as the heir and representative of the grantee, &c.
Lord Stirling, after setting forth his title to the money,
more fully adds, that the evidence of the grant and non-
payment was to be found in the archives and documents
of the State, to which he referred. Amongst others, he
referred to a Petition to his late Majesty, King Charles
IL on behalf of a grand- daughter of the grantee, which
Petition, by an order dated the 4th of December, 1660,
was remitted by the King •* to the Right Honourable the
" Lord Chamberlain of his Majesty's hous^-hold, to re-
" port what he conceives fit to be done therein."
No further proceedings, however, appear to have been
taken, nor any part of the money paid ; and Lord
Stirling claimed payment, as the Crown had had the
benefit of the first Earl's removal of the colony, which
was to be compensated in manner already stated.
Lord Stirling's claim, with principle and interest,
amounted to 110,000/.
On sending the Petition, duly signed by his Lordship,
ill
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Lord Melbourne declined to present itj on the ground of
its being signed and stated as the Petition of Lord Stirling,
whose title was not recognised by the House of Peers.
After several letters having passed between Mr. Phil-
lips, Lord Melbourne's Secretary, and Mr. Burn, who
strenuously maintdned the absolute necessity for Lord
Stirling signing as a Peer, the Petition has been at length
presented to the King, and referred to the Lords of his
Majesty's Treasury for their Lordship's consideration.
The line of argument taken on behalf of Lord Stirling
is as follows ; — That had the claims on the Crown de-
pended on the title of Earl of Stirling, and not on that of
legal representative of the first Earl, independently of
such title of honour, it would not have been so pressed.
The claim to the money, however, in no degree depended
on the title of honour, but was equally existing in Mr.
Alexander as in the Earl of Stirling. The grant of lands,
in respect whereof the claim originated to the first Earl,
was made before his elevation to the title of Earl. It
was not, therefore, territorial here, though it was so to
other property in Scotland, for which the Earl of Stir-
ling was now proceeding at law there, quasi Earl, and
therefore and thereby entitled. Lord Stirling having
been enrolled on the Great Roll of Scotch Peers, and
having voted repeatedly in the choice of Representative
Peers for Scotland, did not then call himself a Peer, as
a person might be said to do whose claims were to be
substantiated before some legal tribunal, and before any
decision had thereon. This had already been done in
Lord Stirling's case, and, by the laws of Scotland, so
efficiently, as to enable him to prosecute for property
there, coupled with title, as has been said. On such re-
cognition, it appeared to be rather hard to prevent his
access to the Throne for a claim of restitution and jus-
tice not founded on such title, nor in any way con-
■g
59
nccted with it, and yet that it should suflice in another
portion of the empire to support a suit for territory,
coupled with such title, and only to be recovered by the
person holding it. That a question, no doubt, existed
in|this case, as to the necessity of going to the House of
Lords to obtain a recognition here, and this question de-
pended in a great measure on the strict meaning and con-
struction of the Articles of Union between England and
Scotland. Thus Lord Stirling's title is dated anterior to
the Articles, and, he contended, was preserved to him
by the laws of Scotland, which were not affected by the
Articles. To overturn the right of Lord Stirling to the
title acquired by the laws of Scotland, he was advised,
that more was requisite than the single regulation of one
branch of the legislature only ; that, in truth, nothing
short of an Act of Parliament could alter the law of Scot-
land in this or any other particular.
His position then was this, with a claim to extensive
property in Scotland, he was trying his rights there for that
property, because it was dependent on, and coupled with
his Peerage title there ; that no one but an Earl of Stir-
ling could recover and enjoy it. That petitioning the
Crown here he was refused a hearing, because he signed as
Earl of Stirling, and was not so recognised by the Peers of
Parliament, though his claim here was in no degree de-
pending on his title of honour. That a British subject
wished to approach the throne on a matter, to him, of
the most urgent importance. He wished for nothing
more in his Petition than that attention to it which the
justice of the case required : and was he to be refused
a hearing because he signed by a title already recorded
and allowed in another portion of the empire. And
further. Lord Stirling, who addressed the Crown as
such^ had been pronounced by the King's Judges to
be so, and awarded privilege accordingly. In Scot-
r
60
land, in sustaining instance on solemn argument before
the Judges there. In England, before the late Lord
Tenterden, who ordered common bail to be filed in an
action brought against his Lordship as a commoner.
Before Lord Chief Justice Tindal in like manner. By
the late Lord Chancellor Lyndhurst, in taking the oath
of qualification to vote by proxy at Holyrood House.
These were all judicial recognitions pronounced, in effect,
by the Crown j and it did seem to be unnecessarily rigo-
rous to say that he could not now approach the throne
which had thus virtually admitted his status. That Lord
Stirling had no choice here, that is, he could not destroy,
by his own suicidal act, the position sustained by the
Scotch Judges that warranted his process in the courts
in Scotland for territory, and extensive territory too,
coupled, as is before said, with that title. That it did
seem strange that the claims of justice were to be turned
aside or withheld on grounds so technical, so conflicting,
and yet on which no part of his case for compensation
rested. That the recognition by the Judges in Scotland
and England, was that of Privilege coupled with Peerage,
exercised in England as tuell as i7i Scotlandf but no
doubt as a Scotch Peer. Though none of the Scotch
Peers as such were Peers of England, yet their pri-
vileges were all secured to them, and recognised here ;
by the Act of Union, however, they were Peers of Great
Britain. TheDukeof Roxburgh, for instance, in England,
though not an English Peer, was still Duke of Roxburgh.
That the House of Commons received a Petition, pre-
sented last session from Lord Stirling, which had been
ordered to be printed. That was for restitution of ter-
ritory in Nova Scotia. A prior Petition had been so
presented, and received the session before. Nay, that his
Lordship had already petitioned the King in Council, as
Earl of Stirling, viz. on the 29th of August, 1831, on the
61
occasion of the Coronation, and on the next day had re-
ceived a replyfrom the Council Office, under signature C.
Greviile, by direction of the Lords of tl\e Committee of
Council, and addressed to his Lordship as Earl of Stirling.
The reply, moreover, in no way referred to the objec-
tion at present made.
Let us now indulge in a few, and but a few remarks,
which involve, however, such a series of contradictions as
certainly never before, since the world began, environed
any other individual. Lord Stirling is in Scotland, as we
have seen, pronounced by the mouth of the King's Judges
Earl of Stirling, in the suit therein for territory coupled
with his title, by sustaining instance, that is, adjudging on
his title thus to sue. Lord Stirling in England is told by
the noblemen of the Colonial Office, that he is only the
gentleman styling himself Earl of Stirling, and therefore
not entitled to other courtesy. In Scotland, on the
Great Roll of Peers, his Lordship stands recorded and
votes repeatedly for Representative Peers. In England
the King's Home Secretary at first says, I cannot even
present a Petition, although it has nothing to do with your
title, because it is not signed as Mr. Alexander. But in
England, Lord Lyndhurst, when Lord Chancellor, certi-
fies in favour of Lord Stirling. Lord Grey has repeat-
edly so addressed his Lordship; nay, on the 29th of
August, 1831, when Lord Stirling tendered his homage
at the Coronation ceremony, as HereditaryLieutenant
and Lord Proprietor of the Province of Nova Scotia, &c.
and signed the Tender as Earl of Stirling and Dovan,
the Lords of the Committee of Council replied thereto
the very next day, addressing his Lordship by his proper
title, and acquainted him that his Majesty had already
approved of a ceremonial on the occasion, and therefore
granted a dispensation, under a salvo jure, for any future
occasion. Again, the late Lord Tenterden, and Lord
62
Chief Justice Tindal, have each released Lord Stirling
from arrest on the ground of his Peerage, and ordered
common, instead of special bail, to be filed accordingly.
There is, however, one uniform course to be found in
these revolting absurdities ; and that is, in every way to
baffle and defeat Lord Stirling's claims of every descrip-
tion, and, till now by Lord Melbourne, to deny him ac-
cess to any opening where speedy justice mighty and pro-
bably would be done him.
Before closing this chapter, it may be well to recur to
another curious document relative to this interesting
subject, and recently found in the State Paper Office.
It is a Petition to King Charles the Second, very soon
after the Restoration, and is as follows, literatim et ver^
hatim ;
'.'i ■ •
I.
SP
I
\'\
" TO THE KING'S MOST EXCELLENT MAtie.
** The humble Petition of Thomas Elliott, Esq., one of
" the Grooms of your Majes. BeJ Chamber,
** Sheweth — That whereas a certain place in America
called Nova Scotia was formerly given, by his Royall
Matie. King James to one of the family of the Sterlings,
in Scotland, who sould the same to the French, under
whose comand it contynued untill Cromwell (about
five years since) tooke it from them, and gave it to one
Temple and Crowne for ever, who are now in the pos-
session thereof, but the right of disposal in your Maty.
" May it therefore please yor. Maty, to graunt the same
to yor. Petr., either for terme of years or otherwise, as
to your Maty, shall seeme meete. — And yor. Petr. shall
pray, &c."
i
m
This document appears to have been referred to the
Commissioners of Foreign Plantations " at the Court at
^/«7hall, this 17th July, 1660."
63
Now though nothing hns been found further regarding
Mr. Elliott's modest request, in reward of services pro-
bably as little known to the public then as at present,
yet is not the document without its use. There is not
a particle of evidence contained in it against Lord Stir-
ling's claims. On the contrary, it strengthens them, by
bringing them down nearly half a century later than the
first Charter, without legal or actual impeachment. First
this learned groom of the bedchanjber says truly, that
there was such a place in America as that called Nova
Scotia, and given by his Majesty King James to one of
the Stirling family. Both statements are perfectly true,
and without much trouble he might then have ascer-
tained to which of the Stirlings, and under what instru-
ments or charters the gift was made. This, too, would
have set him right as to the next allegation, that this
member of the family " sould the same to the French."
He could not sell to the French. The Charters gave no
such power — quite the reverse. Observe the folly and
ignorance of the groom in this respect. This is the clause
enabling Lord Stirling to sell : — " It shall be lawful to the
aforesaid Sir William Alexander (the first Earl) and his
heirs and assigns, to give, grant and dispone any parts
" or portions of the said lands, country and lordship of
" Nova Scotia, &c. to and in favor of whatsoever persons
" their heirs and assigns hereditably, &c. {provided they
" are our subjects) to be holden of the said Sir William
" Alexander, &c. &c." Very well, the sale to the French
is disposod of, and was probably so disposed of at the
time, as no particular steps appear to have been taken to
put Mr. Elliott in possession of his sovereignty. Well
then, he adds, it continued under their " comand"
(that is, of the French) " uutill Cromwell, about five
years since, tookeit from them." Very true, the French
took it, not by grant, but by force. Very true, Cromwell
((
(C
I' if!:
I;
l*"5'^
64
took it from them, and gave it to oncTcmplc and Crownc
for ever. Also very true that Cromwell took the king-
dom of Great Britain from King Charles himself, and
gave it to his son Riehard ; and with just as good a right
and as fair a title, and with as modest a request might
Elliott have petitioned for the one as tlu other. The
reader will not expect, surely, that argument should be
brought forward to question Cromwell's rights. Who
can ever c-rcam that he had any the moment the sword
was out of his hand ? Even Elliott himself says truly, as
to that, the right of disposal was in his Majesty.
But all this affords not a shadow of evidence against
Lord Stirling ; it makes for him, and materially too, as
irrefragable proofs that his rights — that is, the rights of
his family — were, as to these matters, on as secure a basis
as ever, and in no otherwise affected than by the difficul-
ties thus thrown in the way of their due exercise and
enjoyment. Up to the year 1660 then, we have them
unimpeached and unimpeachable, and are fairly entitled
to assume this in the absence of documentary evidence
to the contrary in reply to Elliott's petition. The not
granting his request is proof, under the circumstances,
that it could not be granted. And why could it not be
granted ? Because the Charters to Lord Stirling were a
complete bar to any such disposition of Nova Scotia to
another. What became of Cromwell's grantees. Temple
and Crowne, does not appear from any collateral docu-
mentary evidence that has hitherto been traced ; but as
the French again overran the country, it is probable that
these men either abandoned the territory, or sunk in the
struggle, as the first Earl had done, agaiubt overwhelming
force. All this, however, has nothing to do with the
Charters, but to bring them down so much latci as effi-
cient instruments
We shall now advance a step further on the same firm
65
ground from documentary cvhlence found in Scotland,
and that is a charter of King William 1I!.| dated at Ken-
sington, 27th June, 1698, and passed under the Great
Seal of Scotland, confirming a grant of lands in Nova
Scotia that flowed from the Charters to the first Earl, with
the title and dignity of Baronet, which, with the lands
as annexed thereto, &c. &c. were resigned for the
granting of this confirmation tu a new series of heirs.
This is nearly a century from the first grant, and is a
formal, official, and unquestionable recognition of the
force and validity of the title originally granted.
It were a waste of words to uie other arguments. Here
the facts suffice. But how stood the country at the time ?
Why still in the hands of invaders and usurpers, not
worth contending for by the state, and certainly still less
so by the rightful owner, whose powers were wholly ina-
dequate to the undertaking. Link by link then, in the
chain of evidence, we have it strengthened at each re-
move. Every discovery leads to only a more impressive
conclusion ; every fact but more unequivocally proves
the great fact of Lord Stirling's unshaken rights. Are
we then still to be told they will be resisted and denied ?
Are the usurpation of the French and the grants of a
Cromwell to be the only precedents for the Government
now to follow ? They were open enemies to each other,
and to all order and law save that of force. Are we at
this time to be told that such examples only'are worthy
of imitation, and such principles alone to be acted upon?
If so, the subversion of one monarchy may be the sure
guide to another ; the destruction of one vested right the
sole reason for that of a second !
r
66
CHAPTER VIII.
Conclusion,
,\\ I
III
1
The Charters granted to Lord Stirling's enterprizing
ancestor, as we have seen, were confirmed in the Parlia-
ment of Scotland, in 1633.* Every sanction, then, that
could be given to the title in the first Earl was given, and
it is to be shown by those who now resist and deny the
right of his Lordship, the present Earl, on what grounds
they do so. Bearing in mind that Nova Scotia, by the
Charters giving title to the Stirling family, was also
annexed to Scotland, and subject to the Scotch laws, it
will be difficult to imagine on what just ground any other
can be applied to the subject. Supposing the grants had
given an island in the Orkneys or the Hebrides, no doubt
could have remained in the m.ind of any one that the cus-
toms and laws of Scotland would have guaranteed the
parties at all times claiming under such grants, and in
supposing a different location, it is only to grapple with
the substantial question, freed from the difficulty that
may otherwise be thrown over the subject. The Charters
having incorporated Nova Scofia with the Mother
Country, it is, however remote in point of distance, inte-
gral in point of law, and must be treated accordingly
as such in all that has been set forth in reference to it.
The territories granted were doubtless immense ; the
value of ther., however, at that early period inconsider-
* Vide Appendix, not only for this Act, but for several other
important extracts and papers, confirmatory of the facts and
reasonings before stated in vaiiouci parts of the preceding pages.
Ml
67
able, ami that for two incontrovertible reasons. First,
the lands had been recently and not then fully discovered
or surveyed; were in possession of native tribes, against
whom hostility was unavoidable to render the grants of
any value at all, and wholly destitute of any sort of cul-
ture vvhatever : secondly, they were to be peopled from
the Mother Countty, or no one be-ieficial object to any
one could be effected ; to render them valuable they
must be peopled and cultivated. The position of the
grantees and the granter, then, was this : if you, Sir W
Alexander (the first Earl) being a man of fortune, skill
and enterprise, will undertake the settlement of this new
and unknown country, every encouragement shall be
given to you in so great an affair. You shall be invested
with such powers, such privileges, such rights, that, as
far as human foresight can extend, nothing in all times
coming shall defeat or destroy them. Although an im-
mense territory was thus, in fact, given to the first Earl,
as has been said, the estate was comparatively value-
less, and only to be rendered valuable by the enterprise
and at the costs and charges of the first occupant. It is
the fact, also, that to secure this, the charges of the first
Earl were so excessive, that he spent a much more
valuable estate at that time in Scotland to effect his do-
minion abroad.
All that has been stated regarding the grants, the
inducements for them, and the cost attending them to
the first grantee, appear in the Charters themselves, and
need no other confirmation, as has been shewn in a pre-
ceding chaj)ter, and here briefly recapitulated. " In con-
" sideration of the great charges and expenses in his (first
" Lord Stirling's) various undertakings in the providing
" of ships, engines of war, ordnance and munitions, in the
*^ conducting of colonics, as also in exploring, settling
" and taking possession of the said country," &c. So
68
'•Si
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much for consideration and value paid. Then, " because
" the timely entry of any heirs," &c. on account of the
long distance, &c. from Scotland, *' we have dispensed
" with the said non-entry, whensoever it shall happen/'
So much for non-entry. Again, as to forfeiture, " re-
** nouncing and exonerating the same simpliciter, with
** all action and instance heretofore competent to and in
" favour of the said (first Earl) his heirs and assignees,
" as well for non-payment of the duties contained in the
" original infeofFments, or for non-performance of diu
" homage conform thereto, or for .on-fulfilment of any
'* point of the said original infeoffment, or for commis'
** sion of any fault or deed of o.nmission or commission
'' prejudical therefOj" &c. Here we are, then, at the
foundation of these well founded and most extensive
rights — rights so secured and for such good reasons, the
first Earl being in effect ttie purchaser, that we may now
pause and ask, on what earthly ground or pretence the
party clothed with them now. Lord Stirling, is to be told
he vi'ill not even be heard by the Government, but that
his claims will be altogether resisted and denied ?
It must be presumed that what has been before stated
was all known to the Colonial Office ; that no point
hitherto urged was not duly considered there befoie the
prompt refusal to negotiate: that, in truth, many other
details with which we have for the present dispensed
were equally familiar to them, and that their judgment
was applied, consequently, to the whole of the case.
We must presume all this, for otherwise, we should fall
into the error of imputing ignorance to an essential
branch of his Majesty's Government, which to infer,
would be highly indecorous, if not almost criminal.
In the full view, then, of the matter, in all its relative
bearings, Lord Stirling is told, in answer to his liberal
offer to r.cgotiate, that his Charters are all waste paper,
69
and his claims fit only to be resisted or denied. Now
admit that his claims h.ive no better security than his
Charters, and the confirmation of them in the Parliament
of Scotland j admit that his Lordship can only chiim
them under the laws and customs of Scotland ; admit
that he stands on no better ground than what those laws
sanction, and which the Union has not atfectcd. But as
they are only chartered rights, in these times of Charter
destruction, it may be very absurd to set up a claim on
any such basis. Magna Charta, it is true, is but a Char-
ter, and very old, if nof. obsolete; still there is such a
thing: the Bill of Rights only another instrument of a
like nature, though both have been confirmed in Parlia-
ment ; nothing more, no, nor nothing less ! Arc we in
England, the safe, the honest, the unflinching guardian of
every right ? Are we addressing Britons, who never yet
gave way to oppression, to spoliation of private rights,
to the destruction of vested privileges ? Advocating the
cause of justice, equity, reason, and not to be heard ?
And by whom ? To serve what particular interest ? To
accomplish what particular end ? We leave the reader
to answer these questions, and feel confident, unhesita-
tingly confident, in the replies.
It has been rumoured, and for want of a more sub-
stantial adversary we must combat the rumour, that the
territories comprised in the Charters have been con-
quered by France, and reconquered by this country, so
that no claim can now exist in Lord Stirling, whose fa-
mily lost the property during the French occupation.*
Now, admit this mighty affair to its utmost latitude, and
that the country for a time actually belonged to France,
* Vide Appoudix for some curious documentary evidence on
this i^ubject, sent to the author since the Work went to the
Press.
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V'4-
70
we merely ask whether this would necessarily destroy
private title ? In a conquered country, does all property
change hands ? Are all the inhabitants turned out of
their possessions, and new ones among the conquerors
let into them ? In an extended and thinly peopled ter-
ritory it might have been inexpedient, or it might have
been out of the power of the Stirling family to use their
property during the usurpation. The value of it then,
too, WHS comparatively trifling, and the distance from
home great. This, then, would be non-user whilst an
enemy held the country. When it was re-conquered,
however, and returned io the original Government,
surely so monstrous a proposition never can be assumed
as that the property, private property, vested in the Go-
vernment. Why, this would be worse than the enemy 1
Private rights, then, are not in civilized countries other-
wise affected by conquest or reconquest than by the im-
posts to which they may be subjected on either hand.
But, and here, reader, nicirk well what is said, for it is of
the utmost importance, the proofs on the part of Britain,
in dealing with and reclaiming the territories alluded to
at the treaty of Utrecht, arc these identical Charters
wider which Lord Stirling's claims also are firmly
founded ! These Charters ? Yes, these very Charters
are the proofs in the hands of Government that the
country was originally Scottish ; that it pertained to the
Crown of Scotland, and must be restored to its original
sovereignty. So far this was very right and proper. The
claim so founded and proved was fully admitted and al-
lowed ; and now we must go one step further, one single
step, and give the same evidence precisely in all its parts
in favour of Lord Stirling, for that his interests in this
fair view of the matter arc identical with those of the
Government. Can we stop short of this ? Is there any
intermediate link in tlir 'jhain that, if broken, would not
7!
clirtatrs nf 'ho very plainest and most obvious
1 vi, 'a ::;t'''2r:„"' """ ^''"''' ^^ -^^-^^-^ "°-"
Charters for Zr^ '^ '"""'" '■''~"'' "'"'«'• ""^^^
Stirii,!g Government, and deny the rights of Lord
A Government founded in justice and equity is it all
frnes seeure and powerful ; a contrary one ever mutrble
^e'eZr'Z' '" ""'^ ';; '^ »'^'^'" -™^ fro- «;: ft e :f
e to b ■ de "T^''^'""- '0 'hat pass that Charters
-iritX'^lltlt^ '"^^"-^ ^eeo.Lcomparatit;;
Oh, but man, proud man,
Deck'd in a little brief authority.
Plays such fantastic tricks before' high Heaven
^s make the angels weep.~SHAKSPE.^RE. '
§■:
it
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APPENDIX.
The follawmg Documents having been nearly all fur-
'Shed smoe the foregoing pages were sent to the Press
they are here given as confirmatory of some of the posi'-
nons taken as to Lord Stirling's Sights andPriXl
»nd as generally tending to confirm what has bZpZ'-
Piously stated and argued. "'m pre
THE WARRANT
Conferring the Privilege of creating Buronet,.
CHARLES R.
,,II„ ^Iff *''•"'"'' ^'"' "''''" "'"''lo-ed cousin and coun-
.ellonr nght trnsfe and «.eIbelo»ed cousins and connsellonris
and r„ht trns.ie and .elbeloued counseliou™. wee grete ^J
Whereas upon good consideration, and for the better advance-
ment of the plantationn of Ne,v Scotland, which may much" m-
port the good of our service, and the honour and bcnefiteof th^t
our aunccnt h.ngdome, our royali father did intend, and wee
have s.nce erected, the order and title of Barronet in our said
auncientkingdome, which wee have since established, and con-
ferred the same upon diverse gentlemen of good qualitie : and
seemg our trust.e and welbeloued counsellour. Sir William
Meander .Kn,ght, onr principall secretarie of that our ann-
cent kmgdome of Scotland, and onr Lieutenant of New Scot-
n
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74
land, who these many years bypast hath been at greate charges
for the discoverie thereof, hath now in end settled a colonic
there, where his sone. Sir William is now resident ; and wee
being most willing to afford all possible meanes of encourage-
ment that convenientlie wee can to the Barroncts of that our
auncient kingdome for the furtherance of so good a worke, and
to the effect they may be honoured and have place in all respects
according to their patents from ws, wee have been pleased to
authorize and .illow, as by the presents, for ws and our succes-
souris wee authorize and allow the said Lieutenant and Barro-
nets, andeuerie one of them, and their heires-male, toweareand
carie about their neckis, in all time cuming, ane orange tannic
silke ribban, whereon shall being pendant in a scutcheon argent
a saltoire azur thereon, ane inscutcheon of the armes of Scot-
land, with aneimperiall crowne above the scutcheon, and encerclcd
with this motto, " Fax mentis honestae gloria," which cognois-
sancc our said present Lieutenant shall delyver now to them
from ws, that they may be the better knowen and distinguished
from other persounis. And that none pretend ignorance of the
respet due unto them, our pleasure therefore is, that by open
Proclamatioun at the marcat croces of Edinburgh, and all other
head brnghs of our kingdome, and such other places as you shall
thinke necessar, you cause intimate our royall pleasure and in-
tentioun herein to all our subjects, and if any persoun out of
neglect or contempt shall presume to tak place or precedence of
the said Barronets, their wyffes or children, which is due unto
them by their patents, or to weare their cognoissance, we will
that, upon notice thereof given to you, you cause punishe such
offenderis, by fyning or imprisoning them, as you shall thinke
fitting, that otheris may be terrified from attempting the like :
and wee ordaine, that from time to time, as occasioun of grant-
ing and renewing theii patents, or their heires succeiding to the
said dignity, shall offer, that the said power to them to carie the
said ribban and cognoissance shalbe therein particularlie granted
and insert, and wee likewise ordaine these presents to be insert
and registrat in the books of our counsell and Exchequer, and
that you cause registrat the same in the books of the Lyon King
'
75
at Armes and Heraulds, there to remain ad futum^ •
^^«. »„dth,t.„p„„ie, having ■.Z::'J^ZZ^i
aters shalbe unto you and ouerie one of y„„, from time t«
^n,e. your aufficieut warrant and discharge in t^^at ^,X^
even at our Court of my„«,U. the ,7. of^Novcnbe . 1 9 '
To our nght trustie and right welboloued cousi,, ,„d
counso our. to our right welbcloued cousins and
counse ouns, to our right trustie and ,velbeIoued
counscllouns, and trustie and wclbeloucd counsel-
louns, the Viscount or Dupleine, our Chancellour of
bcotland. the IJarle of Montcith. the President, and to
he remanent Earls, Lords, and otheris of our Privio
»-onnseIl of our said kingdome.
COUNCIL.
Utter of King Charle. I. to the Lord, of Counoil and £,.
chequer.
R.OUT, &c -There being at this time some controversie be-
tween us and the French, concerning the title of landsTIme
nca, and parfcularly New Scotland, it being alledged that Port
Royal, where the Scottish colonic is planted! should be re to^d
as taken, s,„ce the making of the peace, by reason of he
arfcles made concerning the same, as we are bound in dutie
and jusuce to discharge what wo owe to everie neighbour
pnncc so we must have a care that none of our subilcts do
suffer .„ that which they have undertaken, upon lu t ^o ,ds
to do us serv.ce neither will we determine L a matter of so
great n.oment tdl we understand the true estate thereof. There-
fore, our pleasu.. ia. that you take this business into your co„-
s.derat,„„. And because we desire .0 be certified how L ™
nd our subjects are Interested therein, and what argument, a"e
fit to be used when any question shall occur concerning the
76
lame, or the defence thereof, that after due information, we
may be famished with reasons how wc are bound to maintain
the patents that our late dear father and we have given. So,
expecting that having informed yourselves sufhcicntlie of this
business, you will return us an answer with diligence, &c.
Whitehall, 3rd. July, 1630.— Earl of Stirling's Register of Let-
ters of King Charles I., &c. MS.
n
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lli 'l
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if 'fi
,,■ ■ !
Letter of His Majesty to the Convention of Estates .
CHARLES R.
Right trustie and right well beloved cousin and coun-
sellor, right trustie and well beloved cousins and counsellors,
right trustie and well beloved counsellors, right trustie and trus-
tie and well beloved, we greet you well. Having given forth
ane decree upon these things, whilk were submitted unto us in
such sort as, after due information (having heard all parties) we
conceived to be best for the public good, and having given order
for making interruption, that we might no way be prejudged by
the Act of Prescription, which we can never think was at first
intended for anie prejudice of the Crown, we made choice rather
to obviate any inconvenient that may come thereby by public
acts in council, than to trouble a number of our lieges by parti-
cular citations. Therefore we have thought fit to recommend
the same unto you, that they may be informed by you our
estates convened by us at this time, andlikevvays where ourlate
dear father and we have erected the dignitie of Baronets for ad-
vancing the plantation of New Scotland, granting lands there-
with for that effect. We recommend likeways the same, in so
far -s shall be lawfullie demanded, to be informed by you. And
so, not doubting but that you will be careful both of these and
all other things that may import the honour of that kingdom or
the good of our service/we bid you farewell. From our Court at
Nonsuch, the l4thof July, 1630.~Reg. Sec. Cone. 1630, fol. 16.
77
^cts of the Convention of Estates.
Apud Holyrood Honsc, ultimo die menais J ulii. , G30.
tifies nil "''"*'' presen'die convened all in one voice ra-
•■"mupon, made for mainta n hl' of fhp «..;,! .«: •^- ,
tu..c e„„„„,. „„u tl,,,t i„ti,„„.i„„ b„ ...ado ..cr'f :„ ,°"
land „,.d ,l,e s„cc-es.ful pla.,tatio„ already .„„dc tl,crc bv .h«
ge.,tle,„e„. „„dert„kc„ of tl,e ,a„e, i„ „gJrd « ,er f a„d'.
.e .a,d land, a„d tenitories of N'o,,. Soo.L.d a,, b L n. eu
5" hut.';: J"™" "' ''^. "■""'- ^'-»-'« »f ^'-"^
W '''.r> »<^"-^ta>ie, annexed to the Cronn there
o,e , .0 sa,d estates d- i„ one voiee ha, concluded and agreed
pt:tr:x=;:::^^^^^^^^^
purpose highlie concerninff 1 is Maiesfi," > ! ^"^ "^
and credit «f fl.;= i • • ^^""J^^"*'^' s honour, and the good
auu credit oi this his ancient kintrdom — Arf« ^p n r
vol.5, pp. 223 4 "i'"<^'»-~Acts of Parliament,
WARRANT.
Z'^Z/o- .//«•. Majesty to the Viscount of Stirling.
betwixt us a^ndtf " Tk"^' ''"' ^"^'"^^ ^^-^"-"^' -^^e
us and oui good brother the French King, and that
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78
amongst other particularities for perfecting tliereof, we liave
condescended tliat Port Royal shall be put in the state it was
before the beginning of the late war, that no partie may have
any advantage there during the continuance of the same, and
without derogation to arise, preceding right or title, by virtue of
any thing done, either then, or to be done, by the doing of that
which we command at this time. It is our will and pleasure,
and we command you hereby, that with all possible diligence
you give order to Sir George Home, Knight, or any other having
charge from you there, to demolish the fort which was buildcd
by your son there, and to remove all the people, goods,
ordnance, munitions, cattle and other things belonging unto that
colonic, leaving the bounds altogether waste and unpeopled, as
it was at the time when your son landed first, to plant there by
virtue of our commission. And this you fail not to do, as you
will be answerable unto us. Greenwich, 10th July, 1631. —
Earl of Stirling's Register.
COUNCIL.
Letter of his Majesty to the Lords of Council and Exchequer.
Right, &c. Seeing we have seen, by a letter from
you, the order of baronets, erected by our late dear father and
us, for furthering the plantation of New Scotland, was approved
by the whole estates of our kingdom at the last convention, and
that we understand, both by the reports that came from thence
and by the sensible consideration and notice tali en thereof by
our neighbour countries, how well that work is begun, our
right trustie and well beloved counsellor. Sir William Alexander,
our Lieutenant there, having fullie performed what was expected
from him for the benefit which was intended for him by the cre-
ation of these Baronets. Being very desirous that he should not
suffer therein, but that both he and others may be encouraged to
prosecute the good beginning that is made, as we hcartilie think
all such as have contribute their aid by contracting with him
79
lerifnir*"* 'a '^" !f ^''^ •'"*^*^' ^"' P»««- ^ » that you
-enoushe consider, either amongst you all, or by a committerof
Bueb as.are best affectioned towards that work' howTtty be
best brought to perfection, for we are so far (whatsoev control
vers.e be about it) from quitting our title to New Sco land Id
Canada, that we will be verie careful to maintain all ou g od
subjects who do plant themselves there, and let none of'the
contamed ,n the.r patents, by punishing of all that dare presume
o wrong them therein, that others may be encouraged 'to take
the uke course, as the more acceptable unto us, and the nearer
to a title of nobil.tie, whereunto that of Baronet is the next
degree., And if the said Sir William, as our Lieutenant of Ke^y
Scotland, shall convene the Baronets to consult together con-
cerning that plantation, we hereby authorise him, and will you
to authorise him, as far as is requisite for that effect, willing
that Proclamation be made of what we have signified, or of what
you shall determine for furthering that work whereof we recom-
mend the care to you, as a matter importing speciallie our
honour and the good of that our ancient kingdom. Greenwich,
1 2th July, 1 63 1 —Earl of Stirling's Register.
MINUTE OF COUNCIL.
Apud Holyrood House, 28th July, 1631. Sederunt.
Chancellor V.Stirline B. lies Clerk Register
St. Androis L. Gordon L. Melvill Advocat
Privie Seal Areskine L. Carnegie Sir Johne Scot
Wintoun B. D'jnkeHen L. Naper Sir Robert Ker
Linlithgow B. Ros Traquair Sir Robert Douglas
Perth B. Dunblane Forrester Sir James Baillie
The Lords of Secret Council, for the better forderance and
advancement of t,hj plantation of New Scotland, gives and
80
grants commisBion by thir presents to Thomas, Earl of Hadin-
toun, Lord Privie Seal, George, Earl ofWintotin, Alexander,
Earl of Linlithgow, Robert, Lord Melvill, John, Lord Traquair,
Archibald, Lord Naper, David, Bishop of Ros, Sir Archibald
Acheson, Secretar, Sir John Hamilton of Magdalens, Clerk of
Register, Sir Thomas Hope of Craighall, Knight Baronet Advo-
cat. Sir George Elphinstoun, Justice Clerk, Sir John Scot of
Scotistarvet, and Sir James Baillie, or anie five of them, without
excluding of anie others of the council, who shall be present to
convene and meet with William, Viscount of Stirling, and the
Knights Baronets, at such times and places as the said Viscount
of Stirling shall appoint, and to confer with them upon the best
means for the fordering of the said plantation, and to make and
set down overtures thereanent, and to present and exhibit them
to the said lords, to the intent they may allow or rectifie the
same, as they shall think expedient.— Reg. Sec. cone. 1631,
fol. 80.
EXCHEQUER.
Letter of his Majesty to the Lords of Council and Exchequer.
Right trustie, &c. Whereas we send herewith enclosed unto
you a signature of ten thousand pounds sterling, in favour of our
right trustie the Lord Viscount of Stirling, to be past and cxpede
by you, under our great seal. Lest any mistaking should en-
sue thereupon, we have thought it good to declare unto you that
(as it may appear by itself) it is no ways for quitting the title,
right, or possession of New Scotland, or of any part thereof, but
only for satisfaction of the losses that the said Viscount hath, by
giving order for removing of bis colonic at our express com-
mand, for performing of ane article of the Treatie betwixt the
French and us. And we are so far from abandoning of that bu-
siness, as we do hereby require you and everie one of you to afford
your best help and encouragement for furthering of the same,
chieflie in persuading such to be Baronets as are in qualitie fit
81
for that dignitie and come before you to seek for favour from us.
but remitting the manner to your own judgment, and expecting
your best endeavours therein. Willing thir presents be insert
in your books of Exchequer, and an act made hereupon, we bid.
&c. Whitehall. I9th February. 1632.
Treaty of St. Germain, 29th March, 1632.
Traits, &c. Art. 3. De la part de sa Majestd de la Grande
Bretagne, ledit sieur ambassadeur. en vertu du pouvoir qu'il a
lequel sera insert a la fin de ces presentes a promis et promet
pour et au nom de sadite Majesty de rendre et restituer tons les
lieux occup<5es en la Nouvelle France, la Cadie et Canada, par les
sujets de sa Majesty de la Grande Bretagne. ioeux faire retirer
desdits lieux. Et pour cet effet ledit sieur ambassadeur delivrera
lors de la passation et signature des presentes aux Commissaires
du Roi tres Chretien en bonne forme, le pouvoir qu' il a de sa
Majesty de la Grande Bretagne. pour la restitution desdits lieux
ensemble, les commandemans de sa dite Majesty a tons ceux qui
commandent dans le Port Roial, Fort de Guebec, et Cap Breton,
pour etre lesdites places et fort rendus et remis es maina de ceux
qu'il plaira a sa Majesty tres Chretienne ordonner, &c,— -Foedera
(continuation by Sanderson) vol. 1 9.
ADVOCAT.
Letter of his Majesty to the Lord Advocat.
Trostie, &c.— -Whereas upon the late treatie betwixt us and
the French King, we were pleased to condescend that the colo-
nic which was latelie planted at Port Royal in New Scotland
should be for the present removed from thence, and have ac-
cordinglie gi/en order to our right trustie. the Viscount of Stir-
o
ling, our principal Secretarie for Scotland. Althoagh by all our
several orders and erections concerning that business, we have
ever expressed that we have no intention to quit our right,
title, to any of these bounds ; yet, in regard our meaning per-
chance will not be sufficientlie understood by those our loving
subjects who hereafter shall intend the 'advancement of that
work, for their satisfaction therein we do hereby require yon
to draw up a sufficient warrant for our hand, to pass under our
Great Seal to our said right trnstie the Viscount of Stirling to go
on in the said work whensoever he shall think fitting, whereby,
for the encouragement of such as shall interest themselves with
him, and he may have full assurance from us, in verbo principis,
that as we have never meant to relinquish our title to any part
of that country which he hath by patents from us, so we shall
ever hereafter be readie, by our gracious favour, to protect him,
and all such as have, or shall hereafter at any time concur with
him, for the advancement of the plantation in these bounds fore-
said. And iiTat anytime, by order from us, they shall be forced
to remove from the said bounds, or any part thereof, where they
shall happen to be planted, we shall fullie satisfie them for all
loss they shall sustain by any such letters or orders from us.
And for your so doing, &c. — Greenwich, 14 Junii, 1632. —
Earl of Stirling's Register.
If
I
II
BARONETS.
i
Letter of hi» Majesty to the Baronets.
Trustie, he. Whereas our late dear father, out of his pious
zeal for advancement of religion in the remote parts of his do-
minions, where it bad not been formerlie known, and out of his
royal care for the honour and weal of that our ancient kingdom,
was pleased to annex to the Crown thereof the dominion of New
Scotland, in America, that the use might arise to the benefit of
that kingdom : We being desirous that the wished effects might
1
83
follow by the continuance of 60 uoble a design, were pleased to
confer particular marks of our favour upon such as should vo-
luntarilie contribute to the furtherance of a plantation to be
established in these bounds, as appeared by our erecting of that
order of Baronets, who with you are dignified : whereunto we
have ever since been willing to add what further we conceived
to be necessarie for the testifying our respect to those that are
alreadie interested, and for encouraging of them who shall here-
after interest themselves in the advancement of a work which
we 80 reallie consider for the glorie of God, the honour of that
nation, and the benefit that is likelie to flow from the right pro-
secution of it. But in regard that, notwithstanding the care
and diligence of our right trustie the Viscount of Stirling, whom
we have from the beginning entrusted with the prosecution of
this work, and of the great charges alreadie bestowed upon it,
hath not taken the root which was expected ; partlie, as we
conceive, by reason of the incommoditics ordinarilie incident
to all new and remote beginnings, and partlie, as we are in-
formed, by want of the timelie concurrence of a sufficient number
to assist in it; but especiallie the colonic being forced of late
to remove for a time, by means of a treatie we have had with
the French. Therefore have taken into our royal consideration
by what means again may tliis work be established ; and con-
ceiving that there are none of our subjects whom it concerns so
much in credit to be afTectioned to the progress of it, as those
of your number for justifying the grounds of our pJncelie favour
which you have received, by a most honoura' ic and generous
way, we have thought fit to direct the bearer hereof. Sir Wil»
liam Alexander, Knight, r.nto you, who hath been an actor in
the former proceedings, and hath seen the country and known
the commodities thereof, who will communicate unto you such
propositions as may best serve for making the right use here-
after of a plantation and trade in these bounds, for encouraging
such as shall adventure therein. And we doubt not, but if you
find the grounds reasonable and fair, you will give your concur-
rence for the further prosecution of them. And as we have
alreadie given order to our Advocat for drawing such warrants
I
84
to pass under our Seals there, whereby our loving subjects may
be freed from all misconstruction of our proceedings with the
French anent New Scotland, and secured of our protection in
time coming in their undertakings into it, so we shall be readie
to contribute what we shall hereafter find we may justlie do for
the advancement of the work, and the encouragement of all
that shall join with them to that purpose. Which recommend-
ing unto your care, we bid you farewell. — Bcaulie, 15th August,
1632.— Earl Stirling's Register.
COMMISSIONERS FOR THE PLANTATION OF NEW
SCOTLAND.
Letter of his Majesty to the Lords of Council and Exchequer.
Trustie, &c. Whereas our late dear father, for the honour of
that his Ancient Kingdom did grant the first patent of New
Scotland to the Viscount of Stirling, and was willing to confer
the title of Knight-baronet on such of 'is well-deserving sub-
jects as should contribute to the advancement of the work of the
plantation in the said country, we were pleased to give order
for the effectuating of the same, according to our Commission
direct to you for that purpose. And understanding perfectlie
(as we doubt not is well known unto you all) that the said
Viscount did begin and prosecute a plantation in those parts
with a far greater charge than could be supplied by the means
foresaid. And the rather in regard of the late discouragement
of some by our commanding him to remove his colonic from Port
Royal, for fulfilling of ane article of the treatie betwixt our
brother the French King and us, to make everie thing betwixt
us be in the estate wherein it was before the war ; hearing that
there was a rumour given out by £>ome that we had totallie lost
our purpose to plant in that country, as having surrendered our
right thereof; lest any further mistaking should arise thereupon,
we thought good heieby to clear our intention thereon, which is.
'if-
85
that our said Viscount, mth all such as shall adventure with
him, shall prosecute the said work and be encouraged by all
lawful helps thereunto, as well by completing of the intended
number of Knight-baronets as othciways. And being informed
that some of our subjects of good qualitie in this our Kingdom
and Ireland, who have taken land in New Scotland hoUlcn from
us, did accept of the said dignitic, and were obliged to con-^
tribute as much towards the said plantation as any other iu
that kind, were put to far greater charges at the passing of their
rights than the natives of that Kingdom were at in the like
cases. It is our pleasure, that whensoever any of our subjects
of qualitie fit for that dignitie within this our Kingdom or Ire-
land, having taken lands holden of us in New Scotland, and
having agreed with our said Viscount for their part of a supply
towards the said plantation, and that it is so signified by him
unto you, that until the number of Baronets formerly considered
upon be complete, you accept of them, and give order that their
patents be passed in as easy a rate as if they were natural sub-
jects of that our Kingdom. And that you make known to such
persons, and in such manner as you in your judgment shall think
fit. In doing whereof, &c.— Whitehall, 24th April, 1C33.—
Earl of Stirling's Register.
NOV^A SCOTIA.
1st Charles the First in Scotland.
Ratification In favour of the discount of Sterling, of the Infefl-
mentsand Signature, granted to him, of Dominions of New
Scotland and Canada, in America, and Privileges therein con-
tained, and of the Dignity and Order of Knight Baronets } and
Act of Convention of Estates made thereanent.
Our Sovereign Lord and Estates of this present Parliament,
ratifie and approve all Letters, Patents, and Infeftments granted
by King James the Sixth, of blessed memory, or by our said
il
86
Sorereign liord, to William Viscount [of Sterling, and to his
hcires and assigneis of the Territories and Dominions of New
Scotland and Canada in America, and especially the Patent
Charter and Infeftment granted by His Majestic's nmwhile
dearest Father of worthio memory, of New Scotland, of the
tenth day of September, the year of God 1621. Item, another
Charter of the same, granted by His Majestic, under the Great
Scale, of the date of the twelfth day of July, 1G25 yearcs. Item,
another Charter and Infeftment, granted by His Majestic of
the Country and Dominion of New Scotland, under the Great
Scale, of the date the third day of May, 1627 yeares. Item,
another Charter and Infeftment, granted by His Majesty, under
the Great Scale, of the River and Gulph of Canada, bounds and
privileges thereof, mentioned in ^he said Patent, of the date
the second day of February, 1628 yeares. Item, a Signature
passed under His Majesty's hand, of the said Country and Do-
minion, which is to ,bc with all diligence cxped through the
Scale, of the date, at Whitehall, the twentie fourth day of
April, 1633 yeares; with all liberties, privileges, honours, ju-
risdictions, and dignities, respective therein mentioned. To-
gether also, with all execution, precepts, instruments of seasings
and seasings following, or that shall happen to follow thereupon.
And also ratifies and approves the Act of General Convention
of Estates at Holy-rude House, the sixth day of July in the
Vear of God, 1 630, whereby the said Estates have ratified and
proved the dignities and Order of Knight Barronct, with all
the Acts of Secret Council, and proclamations following there-
upon, made for the maintaining of the said dignittie, place, and
precedencie thereof.
And His Majestic and Estates aforesaid will, statute, and!
ordaine, that the said Letters, Patents, and Infeftment, and the
said dignittie, title, and order of Barronets, and all Letters, Pa-
tents, and Infeftment of Lands and dignities granted therewith
to any person whatsoever, shall stand and continue in force,
with all liberties, privileges, and precedencies thereof, according
to the tenor of the same, and in als ample manner as if the
bodies of the said Letters Patent, Infeftments, and Signature
87
above-mcntionsd. were hf>r«>in ««-»:- i i .
burgh, .nd ..her placo. ..edful. tl„, „„„„ pretend ig„.„„ce
TJ Z ^ r*."^ "' ^'""^'^^- "" '-'■"■" 4h' day of
ACT OF COUNCIL.
Apud Edioburgh, 13th February. 1634.
*1Z'' '?'"""' f"' J'-"'""' Prhie Seal. MarUMl, Ro,-
iurgk ^nnM. La^MaiU. Soui. L. A».kin^, atk
Jteguler, Advocal,
F.r..,„eikle a, hi, Majestie'8 late dear father of bjeased
d.d grant the first patent of Ne»r Scotland to hi, Maiestie's
nght tra.s. cousin and Counsellor William Erie of Sterirrnd
his well deserving subjects as should contribute to the advance-
»ent of the work of the plantation in the said conn rlThL
M.jest,e was pleased to give order for effectuating of ,h same
.ccrding to hi. C.n,n.ission directed to the Lords of S
^Th I . f ""'""" ^■'•' •"' »'«J-'-. "uderatanlg
L thet' 'art H 'f '" •"" ■"«'" -"P— ute a plantation
.n these part, w.tb a far greater charge than conld be supplied
by the mean, foresaid, and the rather in regard of the late di!^
conragement of some by hi. Majesties commanding , d
Erie,, remove h.s Colonic from Port Royal, for fulfilling of a„e
Article of the treatie betwixt hi, Majestie and his brother the
88
French king, to make everic thing betwixt them to be in the
estate wherein it was before the war, hearing that there was a
rumour given out by some, that his Majestie had totallie lost
his purpose to plant in that countrie, as having surrendered his
right thereof. And therefore, lest anie further mistaking should
arise thereupon, his Majesty has thought good hereby to clear
his intention therein, which is, that the said Erie, with all such
as shall adventure with him, shall prosecute the said work and
be encouraged by all lawful helps thereunto, as well by com-
pleting t* ^ intended number of Baronets as othorways. And
whereas some of the subjects of the kingdom of England and
Ireland, of good qunlitie, who, having taken land in New Scot-
land holden of his Majestic, did accept of the said dignitic there,
and were obliged to contribute as much toward the said plan-
tation as anic others, in that kind were put to greater charges
at the passing of their rights than the natives of this Kingdom
were at in the like cases, therefore his Majestic has thought
meet hereby to declare his royal will and pleasure, that when-
soever anie of his Majestie's subjects of qualitie fit for that
dignitie, within the kingdom of England or Ireland, having taken
land holden of his Majesty in New Scotland, and having agreed
with the said Erie for part of a supplie towards the said plan-
tation, and that it is signified so by him to the said Lords of
Privie Council, that till the number of Baronets formerlie con-
descecd<^d 'jpon be complete, the said Lords shall accept of
them, and give order that their patents be passed at as easie a
rate as if they were natural born subjects of this kindgdom.
And the said Lords ordainis letters to be direct, charging officers
of arms to pass and make publiciition hereof, by open proclama-
tion at the Market Crosses of the head boroughs of this king-
dom, and other places needful, wherethrough none pretend
ignorance of the same.
Minute of Council.
The whilk day George Erie of Kinnouil, Lord Hay, &c.
Chancellor, William Erie of Morton, Lord High Thesaurcr, and
89
Tliomas Erie of Iladintoun, Lord Privie Seal of this kingdom,
William Krlc Muretiliall, Robert Erie of Roxburgh, John Erie
of Annandaill, Sir John Hay, Cylerk of his Majesty's Registers,
and Si. Thomas Hope of Craighall, his Majesty's Advocat, ac-
cepted upon them the Commission granted unto them under
his Majesty's Great Seal, dated at^Thcobald's, 14 Scptcmbris,
1 633, for passing of int'eftments of New Scotland.— Reg. Sec.
Cone. 1634, fol. 261.
Copy of the Patent by which fFiUiam, First Earl of Stirling^,
created Sir John Browne, of the A'ealf, in the County of Mayo ^
a Baronet of Nova Scotia, on the \7th of June, 1636.
We, William, Earl and Viscount of Stirling, &c., Proprietor
of the Country of New Scotland and Canada, and His Majesty's
Lieutenant within the same : Forasmuch as by the Feoffment
granted to me, by our late Sovereign King James, dated at
Windsor, the 10th of September, 1621, and by virtue of my
original Infeftment, granted to me of the said Country and Do-
minion, by our now Sovereign Lord King Charles the First,
dated at Oatlands, 12th July, 162.5, 1 have full power to dis-
pose of any part thereof to such as do undertake to plant there }
and understanding the willingness of John Browne, Esq., eldest
Son to Josias Browne, of the Neale, in Ireland, for the advance-
ment of the said Plantation, we have granted unto the said John
Browne, and to the heirs male lawfully descended of his body,
that part of the said Country of New Scotland, bounded as fol-
lows, viz. Beginning twelve miles from the northernmost part
of the Island Anticosti, within the Gulph of Canada, extending
westward along the north side of the Island, six miles ; and
from thence northward, keeping always three miles in breadth;
to have the Salmon and other Fishings, as well in salt as in
fresh water ; and I do hereby incorporate, the said proportion
of land into a Free Barony and Regality, to be called in all
times the Barony and Regality of Neale, to hold the same by
90
the yearly payment of one penny, usual money of Scotland.
And whereas I have full power and authority granted to me by
His Majesty, to confer Titles of Honour within the said Country
of New Scotland, upon all persons concurring to the advantage
of the said plantation thereof ; I do confer upon the said John
Browne, and his heirs male lawfully descended or to be de-
scended of his body, the hereditary dignity and style of Ba-
ronet of New Scotland, with all and sundry prerogatives, privi-
leges, precedencies, conditions, and others whatsoever, that any
Baronet of Scotland, or New Scotland, hath had at any time
granted to them. And we give and grant unto the said Sir
John Browne, licence to wear and carry an orange tawny Rib-
bon, the badge of a Baronet of New Scotland, bearing the arms
of New Scotland in gold, enamelled, with the Crown Royal
above, and this circumscription — Foje mentis honesttc gloria.
Sealed with the Great Seal of New Scotland, ?lst June, 1636.
Treaty of Utrecht, 1 \th April, 1713.
■i!
Treaty, &c.— Art 12. Dominus Rex Christianissimns eodem
quo Pacis praesentis ratihabitiones commutabunter die Dominse
ReginseMagn8eBritannise,literas tabulasve, solemnes etauthenti-
cas, tradendas curabit quarum vigore insulam Sancti Christophori,
per subditos Britannicos sigillatim de hinc possidendam. Novam
Scotiam quoque sive Acadiam totam, limitibus suis antiquis
comprehensam, ut et Portus Regii urbem nunc Annapolini Re-
giam dictam, caeteraque omnia in istis regionibus quae ab iisdem
terris et insulis pendent. — Reginae Magnae Britanniae ejus-
demque Coronas in perpetuum, &c.
91
Extracts from an ^Assignation and Disposition from ffliiiam. Bar I
of Stirling Jo Mr. Alexander Kynneir^ and Mr. James Gordoun,
dated 29eh oj January, 1640, and registered 15M of February
following.
*' In presend of the Lordis of Counsall comperit, Mr. William
Forbes, procurator fur William, Earl of Stirling, and gaue in
the Assignatioun underwritten ; desyring the same to be insert
and registrat in the Bookis of Counsall and Session, with exe-
cutoricallis to pas theiron in maner specifeit theirintill the
quhilk desyre, &c. quhairoff the tennor followis. Be it kend till
all men be thir present letteris, We, William, Erie of Stirling,
Viscount of Canada, Lord Alexander of Tullibody and Menstrie,
Secretar to his Matie, for the kingdome of Scotland, ffor saniekle
as we have patentis grantit to us be his Matie. of Nova Scotia
in America, and for disponing and resigning of certain propor-
tions of land yairof, and procuring to sundrie persons the infeft-
mentis of the samin fra his Matie. with the honor and dignitie
of Knychtis baronettis, have beeu in use to get fra every ane of
the receavors yairof the soume of money of this realme, or yairby
and siclyk, for samekle as we have obtenit fra his Matie. be his
heines Letteris of Gift to ws, our airis and assignayis, the gift
of the mariage of Francis, now Erie of Buchcleuch," &c. &c.
Reciting various proportions made over by the Earl — '\That
the foirnamet persons our Cautionaris for the debtis contenit in
the said invcntar be thankfuUie releivet of yair cautionries and
the debtis yairin specifeit payet to our Creditouris yarin nomi-
nat. Thairfor witt ye ws to have made, constitut, and ordanit
lyk as we be the tennor heirof, mak, constitut, and ordain the
said Mr. Alexander Kynneir, and Mr. James Gordoun, equallie
betwixt yame, and proportionallie amongst yame, thair aires
and assignayes, our very lawfull, undouttit, and irrevocable
procuratouris, cessionaris, and assignayes donatouris, and pro-
curatouris in rem suam cum dispositione libera. In and to the
haill compositionis and sowms of money to be procured and re-
ceaved for the proportions of land in Nova Scotia, and dignitie
<^y(f
9S
of Knyt. baronet fra quhatsomever persone or persons, ather in
Scotland or Inglaad, and for admitting and receavin^ of qnhat-
soniever persone or persons to quhatsomever Shireff Clerkschip,
Stewart Glerkschip, or Baillie Clerkschip, within the said King-
dome of Scotland, and sic lyh, &c. And be thir presentis sur-
rogattis, the foirnament pe.sons and yair foirsaidis, in our full
rycht, title, and place of the samin for ever, with power to
thame to ask, crave, receave, intromet with, and uptak the haill
compositions and sowmes of money to be receaved for procuring
of the said dignitie of Knyt. baronet, fra quhatsoever persone
or persons, &c. It is also heirby provydit, that the assigna-
tioun foirsaid to the compositions and sowmes of money foirsaid
to be receaved for the proportions of land in Nova Scotia, and
dignitie of Knyt. baronet, sal be no let nor impediment to us
to dispone and resign the said patent, ather to his Matie. or
any other, the benefeit and sowmes of money to be gotten
yairfor, being alwayes applyed to the payment of the debtis
for the relieff of those quha ar ingadged as cautionaiis for us,"
&c. — Gen. Reg. Deeds, Lib. 524.
THE KND.
PHrM fty A. ifoMoc*. Middk Rom PUut, UMon,
\i I-;
er in
ihat-
chip,
[ing-
8ur-
■fuU
iV to
haiU
iring
sone
gna-
rsaid
and
o us
J. or
itten
ibtis
us."