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32X

i 1 ^ :

AN I

i,l

NARRATIVE

OF lllE

OPPEESSIVE LAW PllOCEEDINGS,

AND OTHER MEASURES,

llESOHTKI) TO

BY THE BRITISH GOVERN ANIENT,

AND NUMEROUS PRIVATE INDIVIDUALS,

TO OVEUrOWER THE EAUL OF STIULINO, AND SUBVERT HIS LAWFUL RKiHTS.

WRITTEN BY HIMSELF.

ALSO

A GENEALOGICAL ACCOUNT

OF THE

FAMILY OF ALEXANDER, EARLS OF STIRLING, &c.

COMPILED FROM MSS. IN THE POSSESSION OF THE FAMILY :
FOLLOWED BV

AN HISTORICAL VIEW OF THEIR HrREDITAUY POSSESSIONS IN NOVA SCOTIA, CAxVADA, &c.

BY EPHRAIM LOCKHART, Esq.

WITH A COPIOUS APPENDIX OP ROYAL CHARTERS AND OTHER DOCUMENTS.

" Rim n'est beau que le vrai."

EDINBURGH.

MDCCCXXXVr.

/■] ("

ifH

,'arncs \Valker, I'rinter,

fi. J.imcf's Court, Lawmnaiket,

Ktiinl)\irgh.

"jfei&"^t

TO THK K1N(t.

SIRE,

(or 1.1) I have obtained permission to inscribe this Vohinie to Your
Ma.iksty, my satisfaction would have been complete ; but although deprived
of my most valued privilege of Peerage, and still debarred, by the measures
which were a few years since adopted in my case, from approachinir your
lloyal Person to solicit a favour I should have so hi,L;hlv prized, ve! [ trust
there can be no impropriety in thus humbly addressing Your Ma.m.siv.

In these times, it is one of the first duties of your loyal and Ihilhful
subjects to watch anxiously the progress of events, and to be alwavs readv,
should Your ^Ma.ikstv require their services.

]My family have never at any period ft)rgotten the bright exam])le of iide-
lity to his lloyal ^Master which was left them by the Founder of their honours.
Sir William Alexaxdlu, who was not less steady in his allegiance, than he
was bold, enterprising, and splendid in all his undertakings for the service of
his Sovereign and the benefit of his Country. Although descending from a
younger Son of that eminent man, and less favoured by fortune than an im-
mediate elder branch, my predecessors were all distinguished for loyalty, and
the practice of those virtues which invariably secure respect and liononr in
society.

Proud of the high integrity and great qualities of the heart and mind
which my forefathers possessed, I have more sensibly and acutely felt the
repeated attempts, during several years, to make me appear unworthy of re-
presenting them and succeeding to their honours.

V l)i:i)lC"ATIO\.

Not content with denviii" mv acctss to Your Uoval Picsencc, und relusinir
even to consider my claims, Your jM.ui:sty's Government, on commencing
proceedings in the Supreme Court of Scotland, thought proper to impugn
some of the documents produced by me in support of my right, and thus
drove me to tlie extremity of having to defend myself against an accusation
deeply affecting my honour and reputation, and which nothing whatever
could possibly justify them in risking.

Since the following Narrative was written, I have received information of
the entire failure of the calumnious charge; and notwithstanding the pains
taken to give it consistence, the fact that they are genuine instruments has
been only more completely established.

Under these circumstances, I am sure Your Majesty will consider that
public justice alone, apart from higher and nobler motives, which I hope may
have their influence on such an occasion, requires that full compensation
should be made for the grievous injury sought to be inflicted on me and my
unoffending family.

With such anticipations, I humbly lay my Case, and the Narrative of my
wrongs, before Your INIajesty, and pray that it may be permitted to me
to prove how much and truly I am,

SIRE,

Your Majesty's

Most loyal, most faithful

Aiul devoted Subject,

STIRLING.

ref"usin<:;
[lenciii^
impugn
nd tliiis
:usation
liatevcr

ation of
ic pains
cnts has

ler that
jpe may
^nsation
and my

e of my
I to me

JNG.

P R E F A C E.

The following Work was nearly ready for the press several months ago, but
in consequence of discoveries of the greatest importance, by which most
valuable additions have been very opportunely made to the mass of evidence
previously supporting my right, it became desirable, and indeed necessary to
revise what I had written. During the suspension of publication, there was
also a chance of obtaining a final hearing of my cause in the Court of Session,
and while that chance remained, I was unwilling to put my manuscript into
the printer's hands. So much, however, had to be done for the perfect verifica-
tion of the newly found evidence, that when my counsel would have been quite
prepared to plead, we had arrived at the last week of term. Besides, my
opponents, wlio are never ready for any thing better than subterfuges or
disgraceful means of protracting litigation, came into Court with a specious
pretext for a little more time. The learned Judge, I presume, did not con-
sider that he ought to refuse granting the delay sought by the Crown party, and
thus the judicial hearing of my cause cannot take place before November.

It may be thought extraordinary that I should prefer laying my case
before the public in its present state, to waiting the result of proceedings
in Court next term ; but to all such remarks and objections I have to re])ly,
that the opinion of my most experienced and influential friends so entirely
corresponds with my own, as to the propriety of the course I am pursuing,
that nothing will at present induce me to deviate from it. The circumstances
under which this determination is taken are unprecedented ; and as no one
can possibly form a correct notion of them, or of the just and honourable
motives which have urged my friends to advise me as they have done, at tiiis
important juncture, I must content myself with entreating those who may
draw hasty conclusions, to honour my work with a calm, attentive and
unbiassed perusal.

My friends anticipate, I think not without reason, that abroad readers will
be found, who, having no party feeling — no bias, or prejudice of any kind

vi PREFACE.

— IK) private excitement to hostility — will atteiul to facts, and eiuleavoiir to
iinderstaiul so reniarkal)lc a case. Tiiey attribute tiie contrary effect pro-
duced in Ku^iand and Scotlaiul, cliieffy to tlie former circulation of pamphlets
on the subject, which contained much that was objectionable, and that was
only calculated to do me injury; while, on the other hand, my enemies kept
alive the party sj)irit and «;roiuulless prejudices they had created, and made
their baneful influences operate as stron«^ly as jjossible a«;ainst me. Hither-
to, indeed, those classes of my countrymen from whom I exj)ecte{l «(enerous
sympathy and sujiport, instead of usin«^ their own facidties and perceptions
to distin<»uisli between ri^iit and wron<r, so as to form a correct jud<^ment of
!nv case and <irievances, iuive <i;iven unbounded latitude to the despicable
falsehoods and aspersions hazarded by my enemies. Out of the range of
national prejudices, partialities, jealousies, and animosities, 1 may hope that
the voice ol' truth raised in my vindication, will not be overpowered by the
loud vitu])erations of my calunnn'ators.

On the above <;roiuids, and agreeably to the recommendation of liighlv
talented foreigners, who have recently had my case fully explained to them,
and from whom I have received many suggestions of the greatest use to nie,
this work will appear both in the English and French languages. The dis-
tinguished persons alluded to will make my extraordinary situation known,
by means of the French edition, in various countries of the European Conti-
nent, and with the assistance of my iMiglish friends, lam certain of anecpial
])ul)licity in British America and the United States, as in Cireat Britain.

If anv accuse me of jn-esumption in appealing to the honourable and high-
miiuled of other nations, I reply, that the Narrative I venture to lay before
them is as novel as it is interesting and extraordinary; and besides, who can
justly tax me with presum})tion, when the private interests of numerous
families, companies, and individuals, arc as seriously injured by the conduct
of my o})prcssors as my own ? Am I not rather called u])on by that single
fact, to attend to the suggestions of the able advisers who have assisted my
own judgment on such an occasion ? I dare flatter myself that foreign
readers will rise from the perusal of this Work with every disposition to ac-
knowledge that a case of greater hardship, or one reflecting more disgrace
on my English persecutors, their satellites, and accessories of every grade,
never came under their consideration.

IVvTir, Aiif/ust 18.3(5.

loavour to
ff'cct pro-
pumphlc'ts

I that was
inic's kept
and made

Hither-
j^enerous
-Tceptions
l«,nneiit of
Iesj)icable
range of
lope that
'd by the

of lii<;Iily
to them,

se to me,
The dis-

II known,
an ("onti-
f'an ecpial
•itain.
iind hiii'li-
ay bei'ore

who can
nimcrous
' condnct
)at siriijle
listed my
D foreign
on to ac-

disgrace
ry grade,

CONTENTS.

i; II RATA.

Tftble of Content*, hhl line liut our, /or Return I" reiiil Rciuin li\
l'i»i;e •I', line 1:^, /«/• sntity rwi'/ '^iiiiHty

22, l.i,f()r ; rciid ,

4-0, 20, for ownn ((iro.st riuil awn uenrcii

l.'i, •i'i.fiii- liiinself ri'dil nijx'lf.

. ,. I'agi'.

tirliii<r Pccrngp, . . I

^rniucnt, . . . i;{
ilicry of a nmlevolent ami

;5;{

4(i

APPENDIX.

No. I. Original Charter of the Province of Nova Scotia, 10th September UJ21, . . DO

II. Charter of Novodamus of the same, 12th July HJ25, 74

III. Act of Court of Lord Stirling's Service as Heir of William, the first Earl, in Nova

Scotia, 2d July 1831, 1,^;

IV. Instrument of Seisin of Nova Scotia, 8th July 1831, no

V. Charter of the Lordship of Canada, 2d February 1G28, 122

VI. Instrument of Seisin of the same, 8th July 1831, i;{2

VII. Precept of Charter of the Earldom of Dovan, 30th July 1C37, .... 142

VIII. Considerations on the Law Proceedings in Scotland with the CrowTi, . . . 154
IX. Memoir respecting a forged Letter, transmitted from the Colonial Office, to entrap

Lord Stirling, 15(^

X. Return to the Lord Clerk Register to an Order of the House of Lords, of 23d Au-
gust 1831, 173

r s

IMIKFACE.

— IK) private cxcitoinciit to hostililv — will utttiul to lacts, and ciulcavoiir to
iiii(U'r.staii(l so rcmarivahle a case. Tlic) attribute the eontrary ett'ect pro-
iliiced iit Kii^iaiiil and Scotland, ehieHy to the former eirenlation of pamphlets
on the subject, which contained much that was objectionable, and that was
only calculated to do me injury; while, on the other hand, my enemies kej)t
alive the party spirit and groundless prejudices they had created, and made
their baneful inHuences operate as stron^dy as possible against me. Ilitlier-
to, iiuleed, those classes of my countrymen from whom I expected generous
sympathy and support, instead of usin«^ their own faculties and perceptions
to (listin<^uish between ri^ht and wron^^ so as to form a correct jud^^ment of
?nv case and grievances, have ;;iven unbounded latitude to ilu» /1m«.»;/...ui..
falsehoods and aspersior ,

national prejudices, parti
llu' voice o^ truth raised!
loud vitu])erations of my

On the above ground
talented foreigners, who
aiul from whom I have r

this work will appear both \\\ the iMi«>lish ano rrcncn lan^junf^cs. iiie (hs-
tin^uished persons alluded to will nuike my extraordinary situation known,
bv means of the French edition, in various countries of the European Conti-
lu-nl, and with the assistance of my English friends, lam certain of ane(|ual
])ul)licity in liritish America and the United States, as in (ireat Britain.

If any accuse me of presum])tion in apjiealini^ to the honourable and high-
minded of other nations, I reply, tliat the Narrati\ e I venture to lay before
tlicm is as novel as it is interestin<i' and extraordinary; and besides, who can
justly tax me with presumption, when the private interests of numerous
families, companies, and individuals, arc as seriously injured by the conduct
of my o})prcssors as my own ? Am I not rather callcil uj)on by that sin«i:le
fact, to attend to the sug<!;cstions of the able advisers who have assisted my
own judgment on such an occasion ? I dare flatter myself that foreign
readers will rise from the perusal of this Work with every disjjosition to ac-
knowledge that a case of greater hardship, or one reflecting more disgrace
on my English persecutors, their satellites, and accessories of every grade,
never came under their consideration.

J5ath, Aiiijust 183(5.

favour to
tt'oct pro-
)am|)lilt'ts
I that was
niies kf})t
iiui iiuuU'
Ilitlier-
^enerous
'iveptioiis
IpiU'iit of

IJU' (iis-
1 known,
an Conti-
i'an c'(|iial
•itain.
nid lii^li-
ay bc't'oro

who can
uuncrous
? con(hict
lat single
listed my
t foreign
on to ac-

disgrace
ry grade.

CONTENTS.

Section I. Short Historical and ficnpalofjical Account of the Stirlinjr Pccni'ro,
II. Unjuat and inconsistent ('oiiduct of tlic Uritisli ( Jovornnicnt,
III. Unreasonable Hostility of Private Parties. — Treachery of a nialevoloi

niorcenarv Aj^ent, .

Postscrij)!, .............

Second Postscript, ...........

l',.R,..
I

t ami

•JO

•l(i

APPENDIX.

Nova

No. I. Original Charter of the Province of Nova Scotia, 10th September Hi'il,
II. Charter of Novodamus of the same, 12th .July 1025, ....

III. Act of Court of Lord Stirling's Service as Heir of William, the first Earl, in

Scotia, 2d July 18.31,

IV. Instrument of Seisin of Nova Scotia, 8th July 1831,
V. Charter of the Lordship of Canada, 2d February 1G28,

VI. Instrument of Seisin of the same, 8th July 1831,
VII. Precept of Charter of the Earldom of Dovan, 30th July 1637,
VIII. Considerations on the Law Proceedings in Scotland with the Crown,
IX. Memoir respecting a forged Letter, transmitted from the Colonial Office, to entrap

Lord Stirling,

X. Return to the Lord Clerk Register to an Order of the House of Lords, of 23d Au-
gust 1831, 173

I or;

IK)
1 22

i;j2

U2
154

158

I I

nil

sh
((

av
th
lei
en

tit

vil
pi
in

Fi
e»

NARRATIVE

OPPRESSIVE PROCEEDINGS AGAINST THE EARL OF

STIRLING.

SECTION I.

SHOUT HISTORICAL AND GENEALOGICAL ACCOUNT OF THE STIRLING PEERAGE.

The time has at length arrived when it is no longer possible to delay the publication
of my case, with such explanations and disclosures as will clear away the mist in which it
has been too long partially enveloped. In doing this, 1 shall cast back upon my calum-
niators all the obloquy with which they would liave covered, as with a shroud, my honour
and good name. Heaven is witness how many years I have endured the most infamous
treatment, and what numberless provocations, equally trying to my temper and oppres-
sive to my feelings, I have, during that long space of time, received. Yet, while
" considerations of expediency " were urged by timid advisers, and my own natural
aversion to extreme measures prevailed, 1 endeavoured to forget that my enemies
themselves, in the course of their relentless persecutions, had furnished me with
legitimate means of defence and retaliation. But there are limits to such passive
endurance of evils ; and since among those who have heaped so many calamities
upon me and my unoffending family, especially during the last four or live years,
there are some so implacable as to set no bounds to their malignity, it is indeed high
time for me to shake off my trammels. I must see whether, by boldly exposing the
villany and dark intrigues of my enemies, it is possible to open the eyes of the British
public, who are not wilfully blind, to the existence of the foulest conspiracy against an
individual that ever disgraced this country.

I am aware how difficult it has ever been to draw public attention to private wrongs.
Frequently, unless there be an opportunity of advancing some political object, no
exertions will succeed. At other times, it may depend on being able to gratify the

2 NARRATIVE OF OPPRESSIVE PROCEEDINGS

ostentation and vanity of a few leading families, who at that price will interfere in favour
of the oppressed. But the surest and best support is always derived from persons pos-
sessing, with title, wealth and influence, generous and enlightened minds, and determi-
ned to strengthen the otherwise feeble efforts of the sufferer, by taking up his defence.

Thanks to Providence, by whose means a present misfortune is frequently made to
be productive of the greatest ultimate good, certain proceedings in Scotland, which were
resorted to at the beginning of this year by my bitterest private enemies, in the hope of
effecting my destruction, have been wonderfully conducive to my advantage. 1 wish those
malignant beings, and the arch-traitor with whom they are leagued, to know how much,
without intending it, they have served me. One of the happiest consequences of their
schemes is, that chance has led me where I have found new friends, who have both the
will and the power to render me assistance by their influential connexions. Another
advantage is, that I have already had one most important document given up to me, and
through the kindness of a person highly gifted, and accustomed to research, have traced
the existence of another proof long withheld, and that will be of inestimable benefit to
me. So much I have pleasure in stating, because I can safely do so j but I have no
intention of gratifying the curiosity of the evil-minded. No, they may wait till time shall
unravel, for their instruction, what, I trust, will make them wish to avoid hereafter an
over-indulgence in wicked and unjustifiable persecution. Meanwhile, however, they
may rest assured, that I feel both the confidence and the energy which my situation
requires, and which are always increased by undeviating rectitude of conduct, and a good
cause.

Agreeably to the suggestions of the highly distinguished friends who have offered me
their services, this work will be published in French as well as English j and 1 am en-
couraged to believe that it will obtain, by their kindness and zeal, an extensive circula-
tion in Europe and America. Should that be the case, I may venture to hope, that
the clouds which have so long obscured my prospects will be entirely dispersed, and
that all whose prejudices have been excited against me, by calumnies or false assertions
respecting my evidence and proceedings in Scotland, will see and acknowledge their
error. My English readers especially, having once dismissed the erroneous opinions
they have formed under such circumstances, will have no difficulty in admitting that
they had drawn their conclusions as to the merits of my case too hastily, and without
having any just reason for undervaluing it. To numerous classes of his Majesty's sub-
jects, but, in particular, those who are connected by their commercial establishments, by
their possessions in land, and otherwise, with Canada and Nova Scotia, and to the Cana-
dians themselves, at this crisis of political fermentatiouy my case ought to be most interest-
ing. Their happiness, prosperity, and secure enjoyment of property and life, now en-
dangered by the violence of parties there, might be protected, and a separation of the pro-
vinces fromthe mother country be obviated, if my hereditary rights were acknowledged,

AGAINST Till- EARL OF STIRLING.

in favour
rsons pos-
1 determi-

tlefence.
y made to
liicli were
le hope of
kvisli those
ow much,
s of their
; both the

Another

me, and
ive traced
benefit to
[ have no
time shall
I'cafter an
ver, they

situation
id a good

ffered me

1 am en-
circula-

pe, that
»ed, and
ssertions
ge their
opinions
ing that
without
y's sub-
ents, by
e Cana-
nterest-
low en-
he pro-
edged,

and an opportunity given me of using the powers granted by the royal charters. Instead
of disregarding my claims, it would be for their welfare and interest to join their strenuous
advocacy of them to my own best exertions. Let it not be supposed that I hazard
these assertions without having sufficiently reflected on a subject of such vast importance.
I do not merely wish thereby to add weight to my pretensions. Gentlemen wlio are
better able to give an opinion than I am, have deliberately arrived at the fullest
conviction, that a revolution in Canada, and all tlie sad consequences of a civil war, or,
as no doubt it would be, a war of independence, might be stayed, and ultimately pre-
vented altogether, by the Government determining to avail themselves of the entire
alteration of circumstances, which an immediate acknowledgment of my rights would
occasion. Placed in a situation to effect, as his Majesty's lieutenant, and the lawful pro-
prietor of the soil, some salutary changes in the institutions of that country, J could
effect them by the full authority given to me in the charters, in a manner calculated to
meet both the wishes of the Canadians and those of his Majesty's Government.

I am quite prepared for the sort of answer that persons in the interest of Govern-
ment, or of my private enemies, are likely to return to the above remarks ; but I boldly
tell them, that whatever they may be pleased to think or say respecting my claims, as
those claims are supported by all necessary evidence, and ample proof is given, in sub-
sequent divisions of this work, of my just hereditary right to be put in possession of the
American territories, and of the dignities and powers which would enable me to realise
what has been hinted at above, I shall not the less confidently rely on the march of
events, and the force of public opinion, to obtain me the justice 1 demand.

But before entering further into detail, let me shortly explain to the reader on what
foundation I rest my pretensions to be received by his Majesty as being both de facto
and dejure Earl of Stirling ; — why 1 loudly complain of the advice given to the King
not to admit me in that character at Court ; — and why I have no scruple in declaring
that I have been unjustly and unlawfully denied the enjoyment of my rights and privi-
leges of peerage. Suc'i denial must have been a consequence of the general misun-
derstanding of the position in ivhich I have been placed, and of the unconsidered
opposition to the recognition of my titles, which I have met with from noble Lords and
others, who might have been expected to see differences, and to make fair and neces-
sary distinctions.

1 boldly take my stand as an established Peer of kicotland, and am certain this posi-
tion is unassailable according to laic, usage, or precedent. This will appear more clearly
from the following short historical view of the case.

Rather more than 200 years ago, his Majesty, King Charles the First, was pleased
to raise my great-great-great-grandfather, Sir William Alexander, to the dignities of
Viscount and Earl of Stirling, &c. on the 14th of June 1633 ; and by a royal signature,
dated 30th July 1G37, and ratified by Parliament 5th October 1039, (Acts, v. 273,) the

A 2

4 NARRATIVE OF OPPRESSIVE PROCEEDINGS

King incorporated the lands of Tullibodie and Tullicultrie, on the Earl's resignation of them
for that purpose, into the Earldom of Dovan, with different limitations *. Further, on
the 7th December 1G3{), the Earl, having previously resigned all his titles into the hands
of the King, obtained a charter of novodamus, re-granting the same to himself, " and
" the heirs-male of his body ; whom failing, to the eldest heirs-female, without division
" of the last of such heirs-male, and to the heirs-malo to be procreated of the bodies of
" such heirs-female respectively, bearing the surname and arms of the family of Alex-
•• ander, which they shall be holden and bound to assume," &c.

Although this important charter does not appear at the present day in the Register
of the Great Seal of Scotland, the evidence respecting it is complete ; and besides, it
has recently been ascertained, that duly authenticated copies are still extant, which have
been all these years purposely withheld by the persons who have them in their keeping.
I shall not satify my enemies, at a time when such explanations are unnecessary, how
or where I made a discovery which 1 reserve to be hereafter rendered available. For
my friends it is quite sufficient to know, that, independently of such discovery, I am
secure. Independently also of the consideration that the groundwork is certainly good,
I am able to shew, as it is now my chief object to do, that I cannot be, by any /air and
lawful means, dislodged from my position. And for this purpose, 1 shall begin by taking
a short historical and genealogical view of the descent of the peerage dignity in my own
branch of the family.

Referring to the pedigree which accompanies this work, it will be seen that Henry,
fifth Earl of Stirling, died without issue on the 4th of December 17^^9, when he was
succeeded by his second cousin, John, the sixth Eurl, (whose succession to the honours,
though he did not vote at elections of Representative Peers, there is evidence to shew,
was well known in Scotland) ; and from that period the peerage inheritance being vested
in his descendants, devolved, on the demise of Benjamin, the eighth Earl, and last
heir-male of the body of William, the first Earl, according to the special limitation of
the charter, on his eldest sister Mary, who, dying unmarried 28th April 1794, was
succeeded by her sister Hannah, my mother, at whose death, on the 12th of September
1814, I became ninth Earl of Stirling.

Thus, it appears that, since the year 1739* the titles have been possessed by the same
line of descendants from John, fourth son of the first grantee. From April I768 till
September 1814, a period of forty-six years and nearly five months, they were in female
heirs j which circumstance, added to the loss of property, and other reasons which my
family had for permitting the titles to remain some time in a state of dormancy, must
sufficiently account for the non-appearance of an Earl of Stirling at the elections of

* I obtained a service to this territorial earldom on the SOtii of May 1831 ; when the jury, by their verdict,
found me to be " nearest and lawful heir cf tailzie and provision " to William, the first Earl.

AGAINST THE EARL OF STIRLING.

ion of them
further, on
) the hands
self, " and
ut division
e bodies of
y of Alex-

e Register
besides, it
which have
ir keeping,
ssary, how
ible. For
ertf^ I am
linly good,
yfair and
1 by taking
in my own

at Henry,
m he was

honours,
; to shew,
ng vested

and last
itation of
794, was
eptember

the same
1 708 till
n female
hich my
'y must
ctions of

'Y:

«r verdict,

Scotch Representative Peers, until I was advised to attend at the election of Viscount
Strathallan, on the ^d of June 1S25. But my family possessed the honours, and cer-
tainly were not unmindful of their rights. After the death of my mother, last Coun-
tess of Stirling, in 1814, I employed all the time I could spare from other occupa-
tions, during ten years, in the duty of again collecting the scattered papers of my family,
and the necessary evidences of my descent ; and when success had rewarded my exer-
tions in that pursuit, I proceeded, strictly speaking, not as a clitiinanf, (according to the
too generally received, but most erroneous notion of the public,) but as f/ie actiKtl pos-
sessor of the Earldom, to vote, as above mentioned, at Lord Strathallan's election. I
announced my intention of being present on that occasion some weeks previously thereto.
I stated my case to that very learned, and well-known barrister, Mr (now Baron)
Bolland, who gave his opinion that I was entitled to the inheritance of the peerage
honours, which of course vested me with a right to exercise its privileges.

Upon that opinion, which my anxiety to do right in a matter of such moment had
induced me to solicit from him, specially as to the proprietij of taking up the titles,
and going to Edinburgh to exercise my privileges of peerage at the election then ap-
proachinff, and in which he recommended me to pursue that course, — and likewise
upon the representation made to me by my agent, whose arguments appeared the more
satisfiictory to my mind, from the knowledge I had of his experience as a genealogist,
1 acted with the greatest confidence.

"^'^hen I began my investigations in 1815, on my leturn from a twelve years' absence
in I'rance, (eleven of which as an English hostage,) it was without having money re-
sources adequate to so great an undertaking *. I had the misfortune to be almost im-
mediately opposed in my endeavours to recover the various documents, evidences, and
proofs of descent, which had been abstracted from my grandmother by bribing a servant ;
and, instead of obtaining, as I had flattered myself i should obtain, the generous assis-
tance, in my researches, of certain noble and powerful families who could well have ren-
dered it, much to their own advantage, I found them hostile, and only disposed to throw
every impediment in my way. Amidst such unexpected difficulties, and, indeed, trials
of all kinds, 1 however persevered, until, in 1825, I was advised, as I have said, both
by counsel, and by the agent I had for some time employed, to take up at once the
peerage titles of my family, and vote at the election of a Representative Peer. I took
that decisive and important step, believing it to be the most proper and regular way of

* The wealtli wliicli my father had once possessed was in part swept away by the disasters wliiuh his
bankers and others, who had large sunis belonging to him, at Paris aud in the departinetits of IVaiicc, met with
during the first great revolution. What he had remaining, in houses and estates in linaiund, was subsequently
carried off, in a great measure, by the consequences of his own detention and unhappy demise at Verduu-sur-
Meuse, without having been able to settle his affairs.

•1

r I

6 NARRATIVE OF OPPRESSIVE PROCEEDIN(JS

commencing the public assertion of my rights. But this was precisely the most serious
blunder, according to the opinion since expressed by my best friends, that I could have
committed. It was beginning where 1 should have ended. My inexperience at the time
did not enable me to foresee all the disastrous consequences of thus stirring up, before I
had established my legal titles, a host of foes, and giving to the jarring elements of so
many adverse interests excitement to oppose me. 1 dreamt not of the rage, the spite,
the envy, the jealousy, the deadly hate, the accursed villany and dark intrigues that I
was so unconsciously preparing, by my well-intentioned boldness, to have set at work
against me.

AVliat is past, however, cannot be recalled ; and as the course I did pursue alters not
the correctness of the position I have to maintain, 1 hasten to resume my Narrative.

When 1 arrived in Edinburgh, the particulars of my descent, and the fact that I did
not appear there in the character of a claimant, or as the representative of General Wil-
liani Alexander, (the usurper of my titles in 17^0,) against whose heir certain resolu-
tions of the House of Lords would have operated, having been clearly explained to
the Peers who Lad arrived to attend the election, I was congratulated on my resump-
tiou (not assumption j of the ancient title. I was received at Holyroodhouse by the
proper officers, on the election day, as a Peer, and was immediately ushered into the
private room, to wait there, with the other Peers, the time for proceeding to the gallery.
When the Lord Provost and Magistrates entered to announce that all was ready for
forming the procession to the gallery, the Earl of Glasgow stepped forward and gave
the strongest proof of his own feelings, as well as of those by which the other Peers
present were animated, by requesting that I would take the precedency as the premier,
by the date of creation of my Earldom, amongst tliose assembled. I have thought it
right to notice this incident, as proving the fact, often attempted to be denied, that I
was recognised by the Peers present on that memorable day, even before I had entered
the election gallery, or had exercised my privilege of voting. I took my place at the
table, and on being called, answered to my title, took the oaths, and voted for Viscount
Strathallan, without protest or objection of any sort.

Since that period 1 have repeatedly voted at general elections, (the last time on the
10th of February 18:35,) and in spite of some opposition from his Grace the Duke of
Buccleuch, and the Earl of Lauderdale, my votes have always been received and counted.

It is particularly necessary to be understood, that I have also done every act required
by the law and usages of Scotland, to establish myself in my peerage character. In
those respects, though a lineal heir, and succeeding my mother, 1 strictly followed the
example set, before my time, by numerous other existing Peers, or their predecessors,
on succeeding to their titles, and who never went to the House of Lords for confirmation
of dignity. The noble Lords to whom I allude were, it is believed, without a single

AGAINST THE EARL OF STIRLING.

Peers

exception, (and there are nearly twenty who come into tlie h'st,) collnfpral heirs ; some
of them, indeed, very distant collaterals. But it is a mistaken idea that is at present en-
tertained by a majority of the public, both in England and Scotland, that either lineal
or colhiU'ral heirs of Scottish peerages are bound to prove their right before the House
of Lords *. Very numerous instances could be adduced, to shew that even collaterals,
except ill tlie insfaiire of a competition for the title, or ivheii the descent of tlie heir
ivas e.rtreiiieli/ doif/ifful, never took such a step, or thought of doing so. They took
up their title, obtained services of heirship, and exercised their privilege of voting at
elections, but did not apply to a committee of privileges to sanction what fell upon them
in the course of descent. I had the superior advantage of succeeding as a lineal heir
to my family honours. Four different juries of my countrymen have, by their verdicts,
established the fact, that I am the lawful and only heir entitled to the honours of my
family. I succeeded as the son of a Peeress, the grandson and nephew of Peers. My
title stands uncontaminated upon the Great Roll ; and it is well to remark, that in a
" return to an order of the Right Honourable the Lords Spiritual and Temporal, in
" Parliament assembled," of the 23d of August 1831, requiring " that there be laid
" before this House a copy of the Union Roll of the Peerage of Scotland, and a List of
" all those Peers who voted at all general elections since the year ISOO, distinguishing
•* each election," which was ordered to be printed 5th September 1831, my name
appears in the lists for 1830 and 1831 ; on which occasions, as well as others preceding
and subsequent thereto, I voted without protest : I say with perfect truth, without
protest ; for both protests of the Duke of Buccleuch, and one by the Earl of Lauder-
dale in 1831, were against the officiating clerks at the Peers' elections, not direct pro-
tests against myself. On the last occasion of the Duke's offering me so very unmean-
ing and useless a proof of his sentiments and hostility, I not only answered, but counter-
protested against the reception of his Grace's vote ; and I am advised that a similar
course would be the proper one for me to adopt at any future election, if such protest
should be repeated.

I cannot, however, suppose that the Duke of Buccleuch, or any other Scotch Peer,
would persist in this kind of opposition. It is so inapplicable to my case, that it cer-
tainly must have been recurred to heretofore from a misconception of the real circum-
stances attending it. In the lofty station of the peerage, it cannot be imagined that
any would put themselves forward in such a way from mere private considerations, or

* Not wishing to be thought presumptuous in hazarding authoritntively such an assertion as tli« above, I beg
leave to refer any readers who would like to satisfy themselves on the subject, to " A Disquihitiun on the
" Right of Jurisdiction in Peerage Successions, particularly the Peerage of Scotland," published by Kidgway,
Piccadilly, 1830.

8 NARRATIVE OF OPPRESSIVE PROCEEDINGS

to gratify others' malice ; for were that the fact, what would such opposition amount to ?
Would it be any thing better than useless annoyance, offered at the instigation of a
hidden enemy, who wished to wound my feelings and to inflict an injury ? 1 have no
desire to injure the noble Lords who have made me the object of their attacks ; nor
should 1 have animadverted on their past conduct towards me, but in self-defence, and
because it certainly is now required to shew the public what has been the true nature
of the opposition 1 have met with. Every man of sense — every impartial and unpre-
judiced Englishman — will at once admit that I ought to ha\c Jliirpla^, — that I ought
not to be singled out for persecution, insult, and denial of right, when it is unquestion-
able that I have done as much as any of the Scotch Peers to whom allusion has been
already made, and infinitely more than several amongst them, to shew and establish my
right to the peerage. They have long enjoyed their titles and privileges unchallenged
either by Scotch or English authorities ; and pray, why am I denied the same advan-
tages? Is it meant for me to understand that there is one measure of justice for those
Peers, and another for me ? That because they have been for a long series of years un-
disturbed, and have powerful connexions, wealth, .ind influence to protect them, their
situations are different from mine ? Those who shall use such arguments may depend
upon it they will not satisfy me, or drive me from the vantage ground I have obtained.
If any distinctions could with propriety be made, they would rather be expected in
favour of the succession of the son to his mother, by law a Peeress, and in whose parti-
cular branch the honours had been vested from the year 1739, than in favour of such
instances of collateral succession.

What says Wallace, an eminent writer upon the Scotch peerage ? Why, that " honours
" are not enjoyed by any person to whom they devolve, under the will or right
" of inheritance of his ancestor ; but are derived, by every possessor of them, solely
" from the favour of the King, as if each successive individual possible to come into
" being, and inherit them, had been distinctly foreseen, particularly named, and origi-
" nally called, in the royal charter which granted them. In consequence, a Peer re-
" quires not a service, a conveyance, or the using of any form, to acquire a dignity that
" is cast on him by descent ; but, on the death of his ancestor, is fully vested in it
" merely by existence, and maj/ assume it at pleasure"

Upon this principle, the collateral heirs in question conformed to the laws and usages
of Scotland only, in taking up the titles which devolved upon them, without applying
to the House of Lords for allowance of dignity. In the right of succession to their
honours, they justly deemed it unnecessary to do more than the laws of their own
country required them to do. They were not questioned or challenged by any other
parties, and therefore became entitled to them merely by descent. The House of

AGAINST THK EARL OF STIULINCJ.

Lords cannot alter tlic course of trial of" descent, the laws and customs of* Scotland beinj;
confinned by the articles of" the Treaty of" Union. A vast deal more might be added,
fo shew what has been invariably the practice in Scotland in peerage cases, except in a
few instances where convenience was consulted, or where there were competitors ; but
I think I have sufficiently shewn, for my present purpose, that on the bare grounds of
ancient custom in the Scottish peerage, and of precedent, 1 am entitled to equal favour
in the enjoyment of ray rights and privileges, with the existing Peers who are similarly
circumstanced. But if my position on those grounds be so strong, it certainly is ren-
dered inexpugnable by the various acts I have now to mention, of the highest authori-
ties in the realm ; and altliough sinister attempts have been subsequently made by
some of those very authorities to cancel what they formerly did, I maintain that such
injustice has only exposed their disregard of principle, without destroying the validity
of their first recognitions.

My title has been recognised by the acts of

The King in Council,

The Lord High Chancellor,

His Majesty's Ministers,

The Law Tribunals in Scotland,

The Law Tribunals in England.

It was on the occasion of his present Majesty's coronation that I petitioned the King
in Council to be allowed to do homage at that ceremony, as hereditary Lieutenant of
Nova Scotia, or that his Majesty would be graciously pleased to dispense with the said
honipgc, under a salvo jure for ani/ future occasion. This petition was dated ^9th
August 1831, and the very next day was replied to by the Lords of the Committee of
Council, acquainting me, that as his Majesty had already approved of a ceremonial, he
was pleased to grant a dispensation, under a salvo jure for anij future occasion, as
prayed for. The letter addressed to me as " Earl of Stirling " bears the seal of the
Council OflBce.

The recognition of Lord Chancellor Lyndhurst was on the occasion of an approach-
ing election of Representative Peers iu Scotland, when his Lordship certified (^Oth
August 1830) that the " Earl of Stirling" had appeared before him in the Court of
Chancery, and had taken the oaths to qualify him to vote, by signed list, at the general
election. I have a right to lay, and do lay, particular stress upon this act of the Chan-
cellor, who took ten days to consider, and summoned my counsel to attend him, before
he would sign the certificate ; and after his Lordship had signed it, he wrote me the
following note, in which all who have the honour of knowing that great luminary of
the English law, will admire the polite attention and gentlemanly feeling which dic-
tated it.

NAHUATIVl-: OF OPPRESSIVE PIlOCEEDIN(JS

♦♦ The Lord Cliancellor presents his compliments to Lord Stirling, and has directed
" the Great Seal to l)e affixed to the writ certil'yin}; his Lordship's having taken the
" usual oaths. The Lord Chancellor will regret very much iF the delay has put Lord
" Stirling to any inconvenience.

«• George Street, ^20t/t Jitgust 18.30."

')»

The recognitions of his Majesty's ministers are contained in numerous official letters,
during a correspondence with them in the months of September and October 1831, and
in JVIarch, July, Septentbcr and November 1833, when I was addressed as Earl of
Stirling by the First Lord and the other Lords of the Treasury, by the Secretary ot
State for the Colonics, and by other heads of Government departments.

The law tribunals in Scotliind specially, by a judgment of the Lords of the Second
Division of the Court of Session, (after consulting the Lords of the First Division,)
dated (jth February 1831, acknowledged my status as Earl of Stirling. Their Lordships
pronounced judgment, after hearing the arguments of counsel on both sides, in an action
then pending at my instance, and " nu.stained innta/ice in the name of Alexander, Earl
of Stirling *."

In the Englisli law courts, on two occasions, when opposing parties attempted to
proceed against me as a commoner, Lord Tcnterden, in the Court of King's Bench, and
Chief-Justice Tindal, in the Court of Common Pleas, ordered the bail-bonds to be re-
called, and common, instead of special, bail to be iiled, on the ground, of peerage t.

The following excellent opinion of a learned Scotch advocate, who is now Chief
•Judge and President of the Court of Appeal at the Mauritius, though given nearly
seven years ago, and then only upon consideration of the first steps I had taken, accord-
ing to the ancient custom of Scotland, will, I f'hik, be particularly valuable to enforce
and conclude my arguments on that branch of the subject.

* As it is probable that certain evil-minded persons will at present be disposed to cavil about tbis decision of
tlie Supreme Court, in conse(juence of tiie result obtained last January by the parties wiiu made a trial of my
privilcyes in the same Court, I wish to observe, that altliough the Judges tlien declined pronouncing upon
Kuch a point of peerage law, their doing so does not cancel the former judgment as to my right of suing as Earl
of Stirling; and, moreover, that if I had then been as well prepared as I shall hereafter be, to meet my enemies
till the ground of peerage privileges in the Court of Session, they would not have succeeded in their nefarious
purposes.

f The extraordinary failure of a plea in abatement, which, at the suggestion of my legal advisers, was resorted
tu some months after the first decision of the Court of Common Pleas in my favour, was caused by a mistake or
omission of the gentleman who drew the plea, of a very serious nature, and altogether unaccountable on the
part of a professional man, who ought to have known better, and been aware tliat what he left out was the pith
of the plea. By that act, and the negligence of other parties, I lost the benefit of the first great advantages I had
•'ained.

4t
<l
((

((
<C
<(
((

AGAINST THE KAKL OF STlULINCi,

Cnpif of Mr IVilsoii's Opinion^ on a nisr siilnnitlcd fu hliii a.s fo f/ia /i/ks of the

Earl of iiti'rliiii>.

*' Li\( oi.n's Inn, I.k Si'.iii.r. Stiikkt,
" \-M November 18:^9.

" 1 am of opinion, that, by the service and rctour in the pieced in<;pa<;e, the chiimant
" has established his character as nearest heir, &c. and acquired and vested in his per-
" son the dignities possessed by his ancestors. Having so clothed himself, in the form
" required by law, with that character, the peerage rank and dignity of his ancestors
" droj) on him by descent. He does not retpiire any further or ulterior proceedings
" for the purpose of completing the investiture of these honours. I see no authority
" in the law of Scotland for requiring that a claimant to a Scotch peerage must, in order
♦' to complete or perfect his rights, aj)ply to the House of Lords for allowance of dignity.
" No person disputes or challenges the right and title of the claimant. On the con-
" trary, he is known and recognised as the Earl of Stirling, has publicly exercised the
•• privilege of a Peer by voting in the election of a Representative Peer of Scotland, and
" his vote has been received without dissent by the assembled Peers. In my humble
" opinion, were he to go to the House of Lords by petition for allowance of dignity,
" he would be confessing a doubt of his own character, surrendering the rights of the
" Scotch nobility, and recognising a jurisdiction in this particular not made imperative
" by the Treaty of Union. Still, a party claiming the dignity of a Scotch peerage may,
" if he choose, try the experiment, whether the House will entertain his claim and de-
" cide upon it ; and there are instances in which the party has so applied and the
" House so acted. But, as far as Scotch authorities enable me, on principle, to judge,
" I consider such applications, except in cases utterly distinct and different from the
" present, to have been merely optional in the party, and probably resorted to from
" motives of convenience.

" If the present Earl of Stirling has formally, legally, and on sufficient evidence,
" proved his character, as e.v facie appears from the service and retour, &c. he, until
" successfully challenged by a competitor nearer in blood, is, and must remain, the Earl
" of Stirling, whether he seeks for and obtains from the House of Lords the allowance
" of dignity, or not.

" The opinion of

(Signed) " JaiMes Wilson."

From all that has now been stated on the subject of my peerage, I cannot doubt that
every candid reader will be of opinion that 1 have been shamefully and unjustifiably
treated. I shall now proceed to expose the inconsistency of those who deny my right,

B 2

NAHKATIVK OK Ol'l'KKSSlVE I'UOCEEUINOS

whilt' they acknowledge that of other Peers similarly situated, and none of whom have
passed throiij;h the ordeals to which the envy, fear, jealousy, hatred a >d persecution I
have encountered year after year obliged me to sui)mit. The party of whose oppressive
and arbitrary conduct I shall first take notice arc his Majesty's Government.

■

AGAINST Till' FARL OK STIULINCJ.

i:{

•ni have
lution I
prt'ssive

SECTION II.

UNJVST AND INCONSISTENT CONOLCT OI' THE IiniTISII GO\ EIIN.MENT.

On the subject that has been just announced I shall unavoidably bo somewhat difhise ;
and 1 must premise by observing, that, from the time of my first appearinjf at the elec-
tion of a Representative Peer of Scotland, in June 18^^.5, until all my legal titles were
completed by a fourth and special service of heirship, followed by seisin iind iufuftment
of my American property, at the castle of Edinburgh, in July 1S31, I had never been
noticed, nor had any attempt ever been made, by the agents of the Crown in Scotland,
to interfere with my proceedings, which, from the first, were as public and open to at-
tention as it was possible to make them. AVhen 1 approached Goverrnnent, therefore,
in the autumn of the last-mentioned year, it was with confidence, nay, even with strong
prepossessions in favour of ministers, from whom I expected an attentive hearing, and,
in the end, justice. I was unsupported, it is true, by wealth or infiuence, but I hoped
to be sufficiently recommended by an unsullied character and a good cause. My legal
titles, as above mentioned, had just been completed, and 1 was, as far as the law could
effect, in full legal possession of my property, and the official dignities and offices at-
tached thereto. Thus, although I had, anteriorly to that period, met with some oppo-
sition at Peers' elections in Scotland, and on the same subject of peerage had been,
to my great surprise, also opposed in my wish to be presented to my Sovereign, 1 had
no misgivings about an application for leave to submit vij/ properfij rights and titles
(which were distinct from, and, in fact, had nothing whatsoever to do with the question
that had been raised as to my peerage) to Earl Grey's Government.

Whatever may have been the intentions and resolves of the whole Cabinet, as to my
just demands, previously/ to any direct application on mj/ part, 1 imagine that few per-
sons will think the Colonial Secretary was justified in re/using to hear what I (or my
agents and counsel in my name) had to say ; or even to look at the papers, documents,
and evidences I was prepared to lay before liim. jNIy overtures had been made in the
following words. I quote from the letter of my solicitors, in December 1831, to the
Earl of Ripon, then Lord Goderich.

" We are instructed, on the part of Lord Stirling, to open a negociation with the
" Government, having for its object a full and satisfactory adjustment of claims and
" titles on principles of reciprocal advantage. The Government and his Lordship
" united have clearly the undisputed power over the territories contained in the char-
" ter, to deal with them as may be deemed expedient : the interests of each appears
" to be best consulted and secured on a basis of mutual accommodation : so also the

NARRATIVE OF OPPRESSIVE PROCEEDINGS

" object for which the charters were originally designed. If your Lordship shall be of
•* opinion that an amicable adjustment is desirable, we shall then most readily and re-
" spectfully attend to any suggestion your Lordship may make, with a view to the ac-
" complishment of the proposed end. Our most anxious wish is to combine the public
•' service with the great duty we owe to our noble client's interest, and we think they
" are intimately blended together."

The answer to such an overture was a letter, dated the 31st of Janiiary 1832, in which
Lord Howick, by directions of Lord Goderich, expressed himself thus :

" Lord Goderich directs me to say, for your information, that his Majesty's Govem-
" ment decline to enter into any negociation with 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 correspondence Wiiich your client has opened
" with this department respecting his claims j but that he should be distinctly apprised
•• that they are, and will be, altogether denied and resisted."

So, without having ever heard a single word uttered by myself or my agents on the
subject of my claims, without having seen what statements and proofs in support of
them I possessed, and was quite ready to produce, the Government of England, (that
self-styled free country,) composed of men whose high rank, education, gentlemanly
feelings, and official power, ought to have made them the natural protectors of my here-
ditary riglits, considered it sufficient to meet the respectful application made by me to
be heard, as if, instead of being the heir of the noble founder of Nova Scotia, I had been
some noisy ruffian, clamorously demanding what I had no right to ; and who, as such,
and disturbing the important labours of *hese official personages, was ordered to be
driven away by their underlings. This comparison may not be very agreeable to the
noble Lords of whose discourteous treatment I complain, but it is most true ; and I will
add, that no beggar at the door of a stately mansion ever had it slapped in his face
with less ceremony than, without deigning to listen or inquire, my honest, just, and
well-supported claims were summarily rejected by England's Colonial Minister.

This was the beginning ; but my solicitors not being able to persuade themselves that
my Lords Goderich and Howick could act in so unjustifiable a way towards me without
there being some extraordinary misapprehension as to my situation, and the grounds of
claim which they had been asked to examine, determined to make another attempt.
Accordingly, on tiie 3d of February 1832, a most excellent and sensible letter was
written by Mr Burn, (the head partner,) in which he endeavoured to remove all objec-
tion to negociate with me, by clearly shewing, that if, as it appeared, the Colonial Se-
cretary considered the peerage question a bar thereto, he was prepared to clear up every
doubt previous/// on that subject. He stated, indeed, a few leading arguments to satisfy
Lord Goderich that he could do so. He lamented that any mistake as to the title of
his client should be the cause of such claims to property being cast aside ; deprecated
the necessity of resorting to other means of redress, if the objection were maintained ;

every
I satisfy
title of
heated
lined ;

AGAINST THE EARL OF STIRLING. 15

but most properly hinted, that if I were driven to that extremity, the very circum-
stance of so vast a power being centred in my opponent, was that which more loudly
called for the strictest adherence to equity and justice. Mr Burn further observed, that,
" beyond all doubt, the theory of British legislation and government is laid on the sure
" foundation of perfect and impartial justice to every one." Alas ! how rarely is it so
in practice. He stated, that, had an opening been left for ncgociution, he was instructed
and prepared, on my part, to make the most ample concessions, &c.

On the 4th of February, with singular dispatch, Lord Ilovvick wrote again ; but it
was only to inform Mr Burn, by Lord Goderich's directions, that it never had been,
and was not then, his intention to intimate any opinion respecting the validity of my
claim to tlie Earldom of Stirling ; that he conceived, until my right to that title was
established to the satisfaction of his Majesty or the House of Peers, it could not with
propriety be recognised in any official communication written by the King's Secretary
of State, or by his direction. The letter concluded, by again declining any further dis-
cussion of the other topics in Mr Burn's letter.

My advisers still thinking that misapprehensions existed on this important subject at
the Colonial Office, wrote, on the 6th of February, to the following effect, viz. That al-
though they had no disposition to prolong a correspondence little likely to lead to fa-
vourable results, yet they considered, that the evident misapprehension of circumstances
on the part of the Office ought to be set right. They then most distinctly stated, that
my title as a Peer, and my title as the heir of the first Earl of Stirling to the territories
claimed, were totally and entireh/ distinct rights, but seemed to be considered by Lord
Goderich as identical ; that they should not comment on, or reply to, the distinction
taken for not recognising my peerage title * j that, for the present, might therefore
be left out of consideration : the most important interest of the territorial property,
was the only one they would venture to press on his Lordship's attention : they did
so respectfully, at this period of the correspondence, lest the decision given against my
claim, being mixed up with that against my title, might have induced the refusal to
negociate. A few more appropriate remarks concluded their final attempt to make the
Colonial Minister sensible of the injustice he was doing me : I say final, for as no reply
was ever received, the correspondence ended there.

Now, let me ask. Are British subjects freemen or slaves ? Have we a constitution to
afford us protection from the rod of tyrants, and the oppressor's contumely and violence ;
or is it all mere folly to believe that such fine theories are any thing with us but the veriest
farce in existence ? Poor John Bull is always very fond of ranting about his love of
liberty, his independence of mind, his unbounded liberality, and so forth ; yet if a

* How little ground there was for Lord Goderich's frivolous objection to the recognition of my peerage
status has been iully shewn in another part of this Narrative.

NARRATIVE OF OPPRESSIVE PROCEEDINGS

II
il

" pretty considerable " portion of John's numerous progeny were not, in spite of such
boasting, the most unfeeling, selfish mortals to be found on the earth's surface, the most
devoted idolaters of Mammon, and men more subservient to power than the Persians
or Chinese, surely, when the treatment 1 met with from Government, not only on the
first occasion just described, but on others which I shall have to notice, was the subject
of general conversation at an after period, I should have heard something like indigna-
tion expressed by those, who, possessing influence as well as colossal fortunes, might
have done great things in my favour. Such men there are, who bawl and bluster fear-
fully at public meetings ; and, when it suits their purpose, their political views, or their
vanity, can make speeches in Parliament which gain them credit for the most generous,
humane, and kindly feelings ; yet who, having no such objects in view, cover their wilful
blindness to an abuse of authority, in such a case as mine, with a few unmeaning ejacu-
lations, or an affectation of not knowing who in the world 1 am ; and " sorry not to
" have it in my power to interfere ; but, you know, I have so much on my hands !" &c.
1 do not wish by this sarcasm, which I unhesitatingly apply to men of the class referred
to, to be understood as denying that there is a large portion also of most worthy, ami-
able, and influential members of the Bull family, who are always ready to do any good
actions in their power, only it has hitherto strangely happened that 1 have not had the
good fortune to meet with the latter. I have found many, without either great wealth
or sufficient influence, whose excellent hearts and well-ordered minds would have
prompted them to do any thing and every thing I desired ; but, alas ! what could they
do against the overwhelming influence and power of my oppressors ? In England, (it
cannot be denied,) nothing in such a case can be effectually done but by those whose
riches, family connexions, and political influence, enable them to wield arms which even
the ministry cannot long resist. Assured, at present, of generous co-operation from
some of these individuals, and from others who, though not English, have power to
serve me, I proceed with my Narrative.

After making my overtures, in the manner stated, to Lord Goderich, and being
so rudely, so imperiously denied a hearing, a question arises as to the legality of refusal,
on the part of a minister of the Crown, to allow a British subject to state his case to
him. Is not a ministry formed for the administration of the affairs of the nation ? Was
not the exposition of the most extensive and valuable chartered rights (tinexpired and
unextinguishahle, as is clearly shewn in the course of this work, while a lawful heir of
Sir William Alexander is in existence,) truly a national affair, and a subject for mature
consideration, instead of one to be hastily and petulantly got rid of by a minister's sic volo,
sicjuheo, on the instant, as was done by my Lord Goderich ? Was he justified in thus
endeavouring to trample upon rights established by the law, according to all the custo-
mary forms, after many years' perseverance, and at an immense expense to me, without
deigning to investigate, and merely because he was prompted to do so by his prejudices

J
I
c
c
ii
s

AGAINST THE EARL OF STIRLING.

■ ' ?

or caprice ? Such conduct, I think, must be open to impeachment. At all events, if
there be in these times a tithe of the honour, generosity and good feeling, which, in
times gone by, distinguished my countrymen, I need not fear that my oppressors, in
the plenitude of their power, will be able to shelter themselves from the animadversions
which a faithful exposition of their tyranny, and of the paltry means more than once re-
sorted to, by them or their agents, to accomplish the destruction of an honourable family,
will call forth. Even those who form their parties, support their general measures, and
ply them witli adulation, if they be honest and sincere in their desire to reform abuses,
cannot approve of the manner in which I have been treated.

The first wicked and truly disgraceful act of official hostility towards me requiring notice,
is that of a ministerial underling. It is one that would appear incredible to my readers,
and, indeed, is of such a nature, that if there were not ample means of proving all that
will be stated respecting it, I should not be so mad as to allude to it in any way. It
was nothing less than an attempt made, by the private secretary of the Earl of Ripon,
(when his Lordship was Viscount Goderich, and Secretary of State for the Colonies,) fu
entrap me, hij means of a forged letter, into the hands of a merciless enemy, whose
unprovoked, deadly hate, and espousal of another person's quarrel, had, for twelve months
preceding, been the cause of infinite distress and annoyance to me and my family.
The real object of the private secretary must have been, not only to assist that person,
but to make himself acceptable to his patron, by doing what he expected would have
operated as a quietus upon me and my claims. It will be seen in the able exposition of
this dark affair, written subsequently by my solicitor, and which I have the satisfaction
of republishing in the Appendix to this work, how the vile attempt was defeated, but
how narrowly I escaped falling into the snare. By comparing the lithographic copies
of the forged letter, which was dated 22d August 1832, and of the secretary's letter to
Mr Burn, dated S-ith of the same month, any one accustomed to such a mode of veri-
fying handwriting will be satisfied, as more than a dozen of gentlemen in public offices
in London were, that the same individual wrote both letters. In consequence of the
observation more than once made to me, that Mr Burn's account did not go far enough,
to enable an impartial reader to form a correct opinion of the part which Lord Ripon's
secretary is accused of having taken in it, I have yielded to the advice of my friends,
in publishing further the ichole correspondence on the subject. The Earl of Ripon
himself was no doubt ignorant of the act done in his name, and, I dare say, it was
because his Lordship could not bring himself to believe his protege capable of such a
criminal and dishonourable scheme for another's destruction, that he unguardedly be-
came the champion and defender of the accused. But will not the public think, that
instead of thus entering the lists with me, it would have been more dignified and con-
sistent for his Lordship, as the proper authority on the occasion, to express disgust at the
prostitution of his name for so vile a purpose, and readiness to allow of the strictest in-

ill

NARRATIVE OF OPPRESSIVE PROCEEDINGS

vestigation ? Would not that have been the preferable course for the Secretary of State
to take, from whose office the forged letter was dated ?

Little as my Lord Kipon may be inclined to give me credit for generosity and for-
bearance, I solemnly declare, that I was urged at the time by many gentlemen to pur-
sue the affair farther than I did ; but I refused to do so, in the hope — alas ! ground-
less — that if I refrained, I should afterwards find the Government disposed to listen to
any renewed overtures I might be advised to make. How was my forbearance reward-
ed ? Why, by multiplied outrages and provocations ; the most atrocious of which was
a deliberate attempt to rob me of what is dearer to me than my life — my good name !
— and to revenge the discovery of the real forgenj at the Colonial Office, by instructing
the agents of the Crown in Scotland to accuse me of putting in forged papers to sup-
port my claims. I shall animadvert on this last-named atrocity just now j but I have
not yet done with Lord Ripon and his private secretary.

1 am compelled, by having found no mercy, no moderation, no desire whatever
manifested by his Majesty's ministers to pursue a more praiseworthy course of proceed-
ings respecting me, as a necessary part of this narrative of my wrongs, to complete my
exposition of the forged letter business by the following remarks :

The public will learn with astonishment, that the private secretary, who could thus
wantonly lend himself to be made the criminal instrument of private revenge, after
doing what would have been quite sufficient to send any individual, less powerfully pro-
tected, to expiate his crime at Sydney or Van Diemen's land, was, through his patron's
influence, actually rewarded avith knighthood, and a high appointment in the
Ionian Islands, — a convenient removal from the scene of danger. What then are the
natural inferences ? A careful perusal of Mr Burn's memoir, and of the correspondence,
will lead to them. To countenance the commission of an act so wicked and dishonour-
able, by heaping honours upon the offender, and sending him in great haste out of the
country, is not the best way of disclaiming all knowledge of the league of that party
with my private enemy. That league was only part of a widely extended conspiracy to
effect my ruin, the existence of which I have already shewn ; and the acts of other
Government agents, to which I shall have occasion to allude, unfortunately warrant sus-
picion, that an understanding with my private enemies has been, to a certain extent,
kept up ever since.

The next act traced, like the former, to the Colonial Office, was one of obstruction
to a sale of lands in New Brunswick, which, as Sir William Alexander's proved heir,
and BY LAW in possession, I was fully authorised to effect, on the plan that had been
recommended to me. This sale was to have taken place on the 7th of November 1832,
but was stopped by the insertion of a demi-official advertisement in the Times news-
paper of that date, and by preventing the insertion of another which I had sent re-
specting the sale. Now, without entering here into arguments, as convincing as they

AGAINST THE EARL OF STIRLING.

they

were powerful, used by my solicitor, in a letter on the subject which appeared in the
newspapers of that period, 1 shall merely observe, that ministers had no more right to
stop the sale as they did, than they would have at present to interfere with the Duke of
Sutherland, the iMarquis of Westminster, or any other Peer or Commoner in the realm,
to prevent the sale of any of their estates. I denounce the interference as altogether
unwarrantable ; and equally so the directions sent to the local authorities in the Ame-
rican provinces, to oppose any entry that might be made upon the unoccupied lands
there by my grantees. I indeed maintain, thai the latter abuse of their power was a
direct violation of the special clauses in the royal charters of grant to my ancestor.

But these are solitary instances, among many, of the manner in which Government
influence was misused to bias public opinion at the same period, with the evident inten-
tion of bearing me down, and inflicting such injury as might annihilate me and my
claims. It would be waste of time to notice particularly these minor acts of oppression.
I shall only mention, that Government, and numerous individuals who have, from inte-
rested motives, seconded their views as much as possible, seem always to have been aware,
that if I obtained the command of large pecuniary resources, I should also obtain, in ex-
act proportion, power to resist their tyrannical proceedings. Hence, one of their chief
objects all along has been to prevent my obtaining money ; and the stabs given to my
credit, by the swindling transactions of agents employed by me in the years 1829-30-31,
rendered the execution of their plans comparatively easy. Circumstances having obliged
me to attempt the negociation of loans, the parties applied to for that purpose, though
cautioned as to the inevitable consequence of going to the Government offices for infor-
mation, invariably did so, and by that means afforded the opportunities desired, in
those quarters, of expressing opinions which when reported to me, would have roused
my utmost indignation, if I hud not felt that such conduct was worthy rather of silent
contempt.

Passing from allusions to petty acts of malevolence, I now return to the consideration
of that most malicious and vindictive course of proceeding in Scotland, which I have
already noticed, as shewing, by the instructions that were sent to the Crown agents
there, that even the limited publicity given by my friends to thejbrg'ed letter business
had suggested, as a means of vengeance, an attempt to sap the very foundation of my
hereditary rights, by accusing me of using forged documents to support them. My
readers will see in this proceeding, undoubted evidence of the wish of the Government
party not only to despoil me of my inheritance, but to ruin my character. Ought it to
be tolerated in the nineteenth century, — in this age o{ Reform, — that without the shadow
of a just pretext, a British subject, who had proved his descent, and established his legal
character of heir before four impartial juries of his countrymen, should be attacked, on
a sudden, in this way, by the worthless satellites of an arbitrary ministry ? That in the
Supreme Court of Scotland, where he had previously defeated them in every instance,

NARRATIVE OF OPPRESSIVE PROCEEDINGS

! I 'il

his expectations of an early and favourable decision- should be blighted, and his efforts
to proceed in the exercise of his powers be paralysed, by having an infamous, false, and
abominable accusation oi forgery alleged against him. Virtuous and honourable men
will, I am sure, answer with indignation, " Assuredly not."

The most serious consequences of this charge have been, first, protracted litigation, at
an expense which, under the circumstances, it was almost impossible to compass by any ar-
rangements 1 could make. To increase those expenses, and, as was unscrupulously avowed,
" to wake a run vpon my resmirces," in tlic hope of triumphing in that dishonourable
way, every scheme that their ingenuity and the practices of chicane could devise was
had recourse to, for the purposes of delay. From term to term, during three years and
a half, the final pleadings of the cause have been put off, and of course no judgment
obtained. Enormous additional expenses have been incurred, by the necessity of col-
lecting a complete body of new evidence to support the points of pedigree, rendered
doubtful by the documents originally used to prove them being impugned. In this ob-
ject I have, however, succeeded, though the undertaking appeared at first to be one of
insuperable difficulty. The second serious consequence has been injury to my charac-
ter, by the aspersions of those private enemies, who, ever on the watch for new oppor-
tunities of doing mischief, gladly seized upon the one afforded them by the atrocious
charge to misrepresent all that occurred in Court, magnify the evil, and thus increase
my sufferings. These demons, who, for the gratification of private animosity, arising
out of bitter disappointment at being checked in the execution of their own worst de-
signs against me, have done their utmost to second those of the Crown party, were
enabled, by such an occurrence in Scotland, to circulate their calumnies with more suc-
cess than was possible before that time. Their sinister object was promoted by the
practice in Scotland of printing papers for the Court, by which means the charges
brought against a defendant, and the knowledge of which, before trial, is confined, in
England, to the parties chiefly interested in the suit, can, with the printer's assistance,
be made known all over the kingdom, by multiplying the copies of such papers. The
men who oppose me had recourse to that expedient ; and by sending many of the papers
to the wretches leagued with them in London, their calumnies were handed about to
effect the ruin of my character.

From all that has been stated respecting the acts of Earl Grey's administration, the
reader will perceive that an unparalleled system of injustice and persecution was organ-
ised, for the tyrannical purpose of overpowering me. The members of that Government
were unscrupulous as to the means of accomplishing their object. Though I had never
disgraced my character, sullied my name, or done any thing of which I ought to be
ashamed, they hesitated not to accuse, vilify, persecute and oppress me. The meekest
spirit would revolt under such treatment as I have met with ; and as I cannot boast of
any superiority on the score of meekness or patience, it is no wonder, I think, that in.

AGAINST THE EAUL OF STIRLING.

di<»nation, and a deep sense of my wrongs, have at last demanded free utterance. They
could no longer be smothered by those " considcrafions of evpediencij " which, for
years, have been impressed on my mind by well-meaning, timid persons, and have kept
me silent and suffering, till I have been driven, by the atrocious system of my enemies,
from house and home in my father-land.

So strong has been the tide of injustice set in against me since the completion of my
legal titles in 1831, that nothing but a miraculous interposition of Providence, in raising
up from time to time a few kind friends to assist my cause, has enabled me to stem the
current, which threatened to sweep away each prop and barrier on which I depended
for protection. 1 found myself at one moment driven into a narrow and dangerous
pass, with a knowledge that my formidable enemies were endeavouring, as they are again
now, to close in upon me on every side. But I was roused to a proper sense of my
perilous situation ; and though the struggle was certain to be an unequal one, I fearlessly
engaged in it. And why did I so ? Because I was upheld, as 1 still continue to be, by
the dignity of right. 1 have not hoped in vain that a just Providence would enable me
to baffle my enemies, and steadily persevere in so noble a cause. After finding my
overtures and remonstrances, when renewed at each partial or total change of ministry,
disregarded by the heads of Government departments, it is clear I could gain nothing
by adhering to the former patient and forbearing system, in which 1 have persisted too
long. I must take up a higher position, and, by all lawful means, determine energeti-
cally to resist both ministerial and private persecution.

Had ministers met, with but common civility, candour, and impartiality, my first over-
tures of arrangement, made as they were on the sound basis of justice and good policy,
of liberal concession, and respect for the rights of others, the evils which have been the
consequence of their injustice would not have ensued. Even the present agitation in
Canada would have been unknown, because nothing could have arisen to give a pretext
for agitation. There could have been no discontent, and therefore no spirit of revolt
in that valuable colony. But the same statesmen who professed to be the friends of
liberal measures, to wish, by wholesome reforms, to strengthen the great palladium of
English liberty, and to regard all British subjects as entitled to an equal dispensation of
justice, scrupled not to refuse me a hearing, when I approached them with confidence,
and a disposition to yield whatever might be necessary, under existing circumstances,
provided my own and my children's rights were duly considered and protected. I was
spurned at as if the doors of their official residences would have admitted a being infect-
ed with some direful pestilence, had they opened them to me.

And why all this contumely, baseness, and oppression ? I never appealed to them until
after devoting the best part of my life, and spending a considerable fortune, I found
myself clothed with all those essentials that perfect the legal character of heir. Then
1 certainly did come, aud with the proper authority, to demand the attention of Govern-

')i

;

ill

NARRATIVE OF OPPRESSIVE PROCEEDINGS

ment to my claims. The shameful attempt to rob .me of the whole advantages of my
situation, as Sir William Alexander's heir, by a reduction of my services of heirship,
and to gain that iniquitous end by blasting my character, will recoil upon its authors,
as it displays the corrupt and abominable motives by which they were actuated. The
league with one of my private enemies, which the correspondence before referred to
establishes, is perhaps as glaring and scandalous an act as ever wivs brought home to a
Government office. Is such conduct befitting the members of an English ministry ?
Is there dignity, or lofty feeling, in employing such means of crushing a loyal and
unoffending subject of the King, whose only crime was his happening to be the lineal
descendent and heir of that noble and enterprising man, who spent all his large fortune
in his persevering attempts to colonise the territories which his Sovereign granted as
the well-earned recompense for his services ? The ministers were not ignorant of that
fact ; ncitlier could they be that ; when I appealed to them, 1 expected they would
have had the magnanimity and courage to do, as the rulers of a great empire, impartial
justice. Ignorant prejudices, raised and fostered by malignity, — contemptible jealousies,
the offspring of little-mindedness, — and party-spirit, fomented by wealthy and powerful
private persons, had been previously arrayed against me ; but could I suppose the
British Government would make common cause with such opponents, and use their
influence also to destroy me ?

I should wish it to be clearly understood, that in making such complaints and such
grave charges as the preceding, I am not roused to do so by political or party zeal.
So far from being influenced by any motives except those of self-preservation and the
maintenance of mil rights, I have not the slightest hesitation in declaring, that, ante-
cedently to the opening of a correspondence with Earl Grey's Government on the sub-
ject of my claims, 1 was one of those who hailed his Lordship's accession to power,
and the appointment of some of his colleagues, with satisfaction j because I had always
heard them spoken of, not merely as men of distinguished talent, but as humane, liberal,
and honourable statesmen ; and, in short, I imagined that persons, who were also
reported to be so estimable in every relation of private life, would be sure to receive me
with courtesy, and give to my legal advisers and agents a patient hearing.

After this declaration no one will doubt, that if I had not received the grossest pro-
vocations — if I had not been treated with contumely, which I consider was accompanied
with peculiar demonstrations of violent hostility, I should have shrunk from my present
task. I act independently. I am of no party, and incline to none but to that whichj
perhaps, is at the present day the least numerous in the kingdom ; the party which,
strictly speaking, cannot be designated either as Tory or Whig, though partaking of
the best principles of both ; which prefers prudent, liberal, and just measures to those
of expediency merely ; which would seek to effect the general good without bias or pre-
judice, — without disturbing what is yet pai'e and salutary in our institutions ^ and whose

AGAINST THE EARL OF STIRLING.

•2;}

adherents are loyal to the King, and hold in abhorrence the anti-English system of
oppression, as well as ministerial jugglery.

My oldest friends are well acquainted with my moderate views, and disposition to
yield any points that might stand in the way of an adjustment of my claims, which
reason and good sense could shew to be expedient and necessary. Thus, when the
appointment of Mr (now Lord) Stanley to be Secretary for the Colonies gave me an
opportunity of appealing to that high-minded statesman for justice, one of those friends*
wrote a letter to him ; and as the most important part of the contents, which were com-
municated to me, cannot fail to be as useful now as it was then, 1 am sure he will not
disapprove of my introducing that part here, with the precautions I shall observe. When
I requested him to address Mr Secretary Stanley on that occasion, I informed him of
the wicked attempts that had been made to asperse my character ; and expressed my
conviction, that if Mr Stanley had received any unfavourable impressions respecting
me, they would be instantly removed by the observations he might, as my friend from
boyhood, have the goodness to make on such a subject. The kind and feeling terms in
which his opinion of me is given, will, at the present crisis, be read with great warmth
of interest by those who may shrewdly guess the name of the gallant and distinguished
Avriter of such a letter ; and those who cannot possibly know my friend will neverthe-
less perceive, in the language of the highly-educated military man, the gentleman, the
scholar, enough to make them loudly cry, " Shame on Lord Stirling's calumniators !"
These are his words :

pro-
linied
ssent

lich^

lich,
[gof
Ihose
|pre-

lose

" My friend and schoolfellow, Lord Stirling, has requested me to bear testimony to
his private character, and the respectability of his family. 1 cannot refuse this for a
moment. The only regret I feel is, that the position of one I so sincerely value
should render such a testimony, on my part, for a moment necessary. Into the
abstract question of Lord Stirling's rights I do not presume to enter. These have
been, or will be, decided by higher authority ; but as regards the question of personal
integrity and uprightness, I should do violence to the best feelings of my heart if I
did not say, that a more conscientious, moderate-minded, and honourable man, than
the Earl of Stirling, does not exist, in my estimation. I have known him from his
earliest years, and had the happiness of passing some of the happiest days of my youth
in the society of his family, than which none could be more respectable, or more
respected. 1 believe Lord Stirling to be incapable of desiring any thing but the
barest justice ; I know myself to be incapable of asking more ; and 1 think I know

• I cannot, without permission, publish his name ; but I may state, that he is as much respected by all who
have the honour of knowing him, as he is beloved by those who have the liappiness to be numbered among his
friends. He is a colonel in the army, and discharges tlie duties of a high military office with distinguished
talent.

V I

NARRATIVE OF OPPRESSIVE PROCEEDINGS

« i

" Ml* Stanley well enough to believe that he is incapable also of refusing it, cither
" to the highest or the humblest individual who appeals to his impartiality or his
" power," &c.

Now, my excellent friend expressed his opinion of my views, in applying to Mr
Secretary Stanley, quite of his own accord, for I had not explained them to him except
in the most general terms ; but he judged they were moderate from his own knowledge
of me, and he judged most correctly.

With such credentials preceding my own direct application t> Mr Stanley, leave to
state my claims was granted, (September 1833,) in a manner which, I will only say,
presented a striking contrast to the rude, ungracious repulse 1 had met with from
Viscount Goderich in January 1832. If the disposition manifested by Mr Secretary
Stanley to give me a fair and impartial hearing was afterwards rendered unavailing to
me, I am persuaded the decision he came to was entirely attributed to his colleagues in
office ; and, more especially, to Viscount Melbourne and Lord Brougham. The former
acting, I have reason to believe, upon the suggestions of Mr S. March Phillipps, one of
the Under Secretaries of State, had treated me with every degree of contumely and
indignity when at the head of the Home Department ; the latter had shewn a constant
and petulant opposition to my claims, on every occasion of their coming under his con-
sideration, which was one of those mysteries I never could satisfactorily unravel. While
his Lordship, as Mr Henry Brougham, was so eminent as a barrister, I had consulted
him, and obtained an opinion favourable to my object } but when he became Lord
High Chancellor of England it was no longer the same thing. Three letters which 1
successively addressed to him never obtained the honour of his slightest notice ; and to his
Lordship's inexplicable conduct 1 attribute two of the most unwarrantable acts of power
of which I have had to complain. One of these was his refusal to grant letters missive to
me as a Peer, by which I was left at the mercy of a person who desired the opportunity
of injuring me ; and who, by that act of the Chancellor, was enabled to make me pay
L.500 to him, within a few hours, instead of about L.80, which would have been the
extreme amount of his lawful claim. The second act of authority alluded to, was his
Lordship's advice to the King, not to receive me at Court as Earl of Stirling. By that
advice he did me, and I am entitled to add he intended, the most serious injury. I
leave my readers to judge, from the explanations I have laid before them respecting my
peerage, in a preceding section of this narrative, whether 1 complain without sufficient
reason of Lord Brougham's conduct. At present I shall only add, that some persons
have positively assured me, all this bitterness was any thing but the result of particular
investigation into my case, followed by legal conviction that I had no grounds of claim
to be otherwise treated ; and, if my informants were not mistaken, the mystery is indeed
strangely unravelled, and in a manner that reflects no credit on the noble Lord. From

C£

AGAINST THE EARL OF STIRLING.

the digression into which 1 have been led by the preceding remarks, 1 must now return
to state what course was at length pursued by Mr Secretary Stanley.

It must be borne in mind by the reader, that, on this occasion, as in the first instance
of applying to Government, one of my principal objects was fo prevent the tivressiti/ of
incurring an)/ more ruinous hvr expenses, and ofbein^- kept in Uwjeriny suspense Inf
protrneteil litigation. Mr Secretary Stanley was, however, advised not to comply with
my recjuest, that the proceedings in Scotland should be stayed. On the 11th of Novem-
ber 1833, I received the following answer to a letter of mine, in which I had strongly
urged his interference to put an end to the distress occasioned by the demand of more
money for that suit :

«« My Loud, Downing Street, November 11. 1833.

•* I have the honour to acknowledge your Lordship's letter of the 8th instant, and to
" express my regret, that I do not feel myself at liberty in any way to interfere in the
" legal proceedings now pending with reference to your Lordship's claims. I have the
•• honour to be, your Lordship's obedient servant,

The Earl of Stirling.

(Signed) E. G. Stanley."

I do not attach the slightest blame to the distinguished Secretary, now so much better
known as Lord Stanley, for the above decision against my wishes. He was advised by
the highest law officer of the Crown not to interfere ; but should this statement meet
his eyes, I wish his Lordship to know, that I had another and still more important ob-
ject in applying for the proceedings to be stayed. It was, that he, as Colonial Minister,
should have heard the question at issue, and the general merits of my case, well argued,
for the purpose of ascertaining, ichether there had been sufficient, or, indeed, ahy Just
and legal ground of action in Scotland. I maintain there was no just or legal ground
for it. It has been, from the commencement, an iniquitous, expensive, and harassing
suit, by which I have been kept, during many yeai'S, at bay, and prevented from exer-
cising the rights I had previously established in the most formal and legal manner.
This answer I fearlessly make to the adviser or advisers of the Colonial Secretary's re-
fusal to comply with my request ; and further, I assert that 1 have been kept out of my
estate by unlawful and arbitrary measures.

Mere assertions, 1 am fully aware, will not suffice ; neither do 1 mean to rest upon
them. But, first, it is necessary that the value of the legal title I had acquired, before
any action on the part of the Crown teas thought of, should be well understood.

Now, this object cannot be accomplished without careful perusal of the protecting
clauses in the princely charters granted to my ancestor ; as well as submitting to equally
careful examination the numerous acts done, and proceedings taken, by me, to perfect

NAlllJATIVE OF OPI'UESSIVK PU()CKi;i)IN(;.S

tliu title and loiitlci- it iinnssailahlc *. Any one wlio will take this trouble must, I think,
1)0 satisfied that a hotter title to property could not be obtained.

I suppose, for a nioniont, one of my readers arrived at this point of the inquiry ; and
1 then ask him to consider, next, t/if value of the principal legal argument used by the
Otlicersof the Crown in Scotland, in support of this suit aj^ainst me. I say tlie princi-
l)al arj^ument, because there are other pleas, but which, God knows, are as shallow as
was the whole pretext for atnioying mo, and attempting to despoil me of my inheritance.
Their only plausible argument, which is two-fold, is this : /?/.s7, •* That his Majesty has
" an undoubted right and title to the superiority or sovereignty of the lands, and was
" entitled to see that my title of vassal was good." Sfcontl/i/, •• Th t ttie Crown had
" an interest in setting aside my services, so far as they might be used for founding a
" title of vassal in the aforesaid lands."

My readers will find appended a paper of considerations on the law proceedings at
the suit of the Crown against me, to which, and some reasoning on the argument above
cited, I take leave to refer : and in addition I must be pardoned for saying, that the
argument itself, under both lieads, is all the merest pretence and affectation. Indeed,
1 have no hesitation in believing it to be true that the inquiry, as to who is the " proper
" vassal " in the lands, was all the while, in the estimation of the Crown, of just so much
moment only, as by prosecuting it an object was intended very different from the real
one ; that the Crown had made up its mind not to hear of anij party being vassal or
proprietor, except itself; and that its Officers insist in the suit for setting aside my ser-
vices as a means to their end, which is neither less nor more than that the Crown, lui-
fiing soiiH'how, and without a title, got hold o/ the properfj/, ii-oidd arbitrarily go all
lengths to keep it, as well as the sovereigntij, and to resist the right vested in wy per-
son as the subject vassal. This is, throughout all the bitter enmity and untiring hos-
tility that my powerful opponents have followed me with, the real object which they
proposed to tlicmsclvcs for obstructing my best efforts to regain the use and enjoyment
of the lawful rights of my family, and which made all the ingenuity of their legal ad-
visers and others be put in requisition. Justice, however, is not to be thus disregarded.
I deny, in the most peicmptory terms, both the Crown's title to interfere with me in re-
lation to the lands in question, and that there is any right of property in the lands re-
maining in the Crown, in any character of superior, sovereign, or otherwise.

Now, 1 might confidently ask any candid reader, whether he thinks the Crown, or
its Officers, had a right to disturb such a title as I completed on the 2d and 8th of July

* Tliose readers who may desire to satisfy tliemselves, are referred, Isl, to the Royal Charters, and transla-
tions of them which are given in tiie Appendix; 2d, To tiie particular references to my different services of
heirship ; 3d, And chiefly, as the completion of my legal title, to the last of these, the special service, followed
by the royal precept, and instruments of seisin of the territories belonging to me, as the heir found by iho
service.

a(;ainst riiK haul ok stihm\(.'. 27

1831 ? Tlicrc may be other cases in wliicli, pciliaps, the Crown's interference is pcrf'ictly
reiriilar and legal. I am not competent to form an opinion as to other cases ; hut
I feel perfectly assured that n siinl/ur rust.' fit mini' is not in existence. Any unpreju-
diced and uninriuenced reader will accpiit me of presumption, or exajxi^eralion, (after
studying the case in all its bearings,) in asserting that my title of heir has been chal-
lenged irithont vitlier jiatt or /r>>ifiiii(ifi' grou/it/sjitr so i/oiitf':

But I proceed to shew, further, why the attack was unju;>tiHablc ; and let me direct
particular attention to the following clause and kingly promises in the Uoyal Charter of
I'^h July Ui'25, viz.

" \Vhich lands and privileges, &c. specially and generally above mentioned, together
«• with all right, title, &e. which we, or our predecessors, or successors, have, had, or any
•• way may have, claim, or pretend thereto, &c. or the maills, farms, profits and d.ities
•' thereof, of whatsoever years or terms bygone, for wiiatsoever cause or occasion, we,
" with advice foresaid, &c. of new give, grant and dispone to the foresaid Sir William
•* Alexander, his heirs and assignees, heritably, for ever ; ri'/ioKiiri/if/ aiiif croiicrdtinf/
•• f/ie sdiiw sinip/iciter, uif/i all («:fio)i and tnstdnrc livreUiJ'urc coiiijtcti'iU to, and in
** favour of the said iiir IVilliam ^lle.randcr, and his heirs and assignees, as xr ell for
" noupaijment of the duties contained in the oriyinal in/iffnienfs, as for non-pir-
" formance of due homage conform thereto, or for nonfnif Intent <fanij point of the
"said original infeftment, or for commission of a)ij fault, or deed of omission or
*' commission, prejudicial thereto ; and wherehg the said original infeftment ni<;// in
" anij waji be luufulli/ impugned or called in (/uestion,for ever acquitting and remii-
" ting the same simpliciter, with, all title, action, instance and interest heretofore com-
*• petenl, or that mag be competent to us, and our heirs and successors, renouncing
•• the same simpliciter, jure lite et causa cum pacta de non pelendo, and with supple-
•' ment of all defects, as well not named as named, which, we will to be held as ex-
"pressed in this our present charter. To he holden in free blench farm, as said is,
" and dispensing ivith non-entrg, whensoever it shall happen, in manner foresaid."

Who can say, after reading the above clause, that the Crown had any remaining right
or interest in the lands granted to my family, except the right of sovereignty ? And if
no other right and interest could exist, so long as any heir of the original granter was
in being, what right could the Crown have, at amj time, before or after the perfecting
of my legal titles as heir, to interfere ivith me ?* It certainly has no competing title ;
its Officers admit that. But it is said, the King, as superior and over-lord, has a right fo
ascertain whether I, his vassal, have a good title. This, I repeat, is the only plausible
argument used on the part of the Ciown j and if there existed any right at all to interfere
with me, it would, to a certain extent, be true. But if his M.ijesty had any reason to
doubt of my character as the heir of my ancestor, there were my services in that charac-
ter, to resolve every such doubt ; or otherwise, 1 ask, why was 1 not opposed by the

D 2

^ !i

NARRATIVE OF OPPRESSIVE PROCEEDINGS

i , i' ■'

11 1:^

Officers of the Crown, //-ow* thejirst moment of my coming forward to prove my heir-
ship, at the service of '^th February 18i^G ; or, if not then, at the more important
services of Wth October 1830 and SOlh May 1831, and finally, at the special service
(f 2d July 1831 ? Why was 1 allowed to proceed, as 1 did, in the most public manner, in
all these lej^al acts, without any opposition? Why did the Sovereign, in the person of the
Sheriff of Edinburgh, give me seisin and civil possession of my estates ; and why was I
allowed to continue unmolested for six or eight months after the completion of my legal
titles ? Supposing, for a moment, the right of the Crown to interfere, vvas it proper,
was it correct or humane, to let me consume so many years, and spend such large sums
of money, without any hint being given, or pretension of right to oppose being asserted
by ministers and agents of the Sovereign ? Who can affirm that I might not have been
deterred from exposing myself to the danger and expense of pursuing an object, which,
under such circumstances of inevitable contest and litigation with the supreme power,
I should have considered one of doubtful issue ? What have the advocates of the right
of the Crown who attacked me, after all my labour and expejase had been incurred, to
say to the equity of such a proceeding ?

But again and again I must deny that there could possibly exist any such right as is
pretended. 1 vvas fvilly protected by the clauses in the royal charters. I was farther
protected, by takinr seisin, and receiving infeftment of my property, from the King's
lawful representativ'c, otherwise thore can be no meaning in the following clause of the
Canada charter. After providing for taking seisin " upon any part of the ground of
" the said lands, or at our castle of Edinburgh, oi in both manners, as shall appear to
" him and his foresaids best," &c. the concluding words are, " Which seisin, so to be
" delivered, by our said bailies in that part, to the foresaid Sir William, and his foresaids,
" or to their attornics, holding and producing this our present charter, we, for us and
" our successors, decern and ordain to he good, lawful, valid and sufficient, in all
•' time coming ; dispensing, as we, by our present charter, dispense, as to all that can
" be objected against the same, ichether inform or in effect," Sfc.

Let any one, after reading the above clause, be good enough to turn to the Appendix,
and examine the contents of the following documents : \st. Proceedings at my service,
as nearest and lawful heir, in special of William, the first Earl of Stirling, with the ver-
dict of the jury of the 2d July 1831 ; and, 2(/, The royal precept for giving me seisin,
and the instruments of seisin of the lordship and barony of Nova Scotia, and of the
lordship of Canada, on the 8th day of the same month of July 1831. This done, I am
persuaded a little consideration will bring such person to the same conclusion, that I
have been illegally and unwarrantably interfered with, persecuted, and kept out of my
property.

Much as 1 have had reason to complain of the Earl of llipon, in his public capacity,
as Secretary of State for the Colonies, I have heard enough to convince me that a more

AGAINST THE EARL OF STIRLING.

'-'•»

Ire

estimable man in private life is rarely to be met with ; and I can scarcely imagine that
cither his Lordship, or others who were his colleagues in office, it' they took the trouble
to understand what was my real situation, would persist in thinking that their reasons
for repulsing and afterwards persecuting me, were praiseworthy, or in any respect capa-
ble of justification.

That a most extraordinary prejudice against the case was early imbibed, as well by
the King's ministers, as by a large portion of the nobility and gentry in England and
Scotland, I know from sad experience. In the common course of things, it would ap-
pear almost inconceivable, that the very natural endeavours of an anxious father, to re-
cover for himself and children an inheritance rightfully belonging to them, should only
give occasion to the violent hostility and prejudice of so many individuals, without ex-
citing in the minds of at least an equal number of liberal and independent persons the
deepest interest and sympathy. But perhaps this strange anomaly may be accounted for
by the proceeding I had adopted in 1825, which, although it undoubtedly was the
proper one for me to have ultimately taken, some of my best friends thought I should
have deferred until I had completed my legal titles, which ought to have been obtained
he/ore instead of after my public resumption of the peerage.

Out of that first mistaken course of proceeding came incalculable mischief, which
was heightened by the conduct of those in opposition to me ; by the bad management of
persons I employed ; by insertions of a most injurious nature in various pamphlets after-
wards published j reckless attacks on noble families and individuals, whose concerns had
nothing to do to be mixed up with mine ; failures innumerable in negotiations for loans
of money ; and the combined attacks of swindlers, bill-brokers, pettyfogging lawyers,
and other unprincipled persons. Hence that apathy, which would otherwise be inex-
plicable, and those prejudicies which, I believe, have prevented many generous, liberal,
and independent persons from oflPering me their assistance. I trust, nevertheless, that
when the true state of my case is known and understood, — when I shall have set myself
right with the well-thinking and respectable classes of my countrymen, unjust and
groundless prejudices of all kinds will cease to influence them j and when they perceive
what are ray real objects, wishes, and intentions, I shall have the comfort of experiencing
the wholesome effects of their convictions in my favour. It would be more than ex-
traordinary if a result such as I anticipate, and therewith a complete revulsion of public
feeling as to the merits of the case, were not the consequence of clearly seeing how
much and how shamefully I have been maligned and misrepresented. The inflimous
designs of my enemies have too long found sanction among those who, could they have
understood them, would have held them and their authors in abhorrence. I do not
believe there is another country in Europe where such a case as mine would have been
subjected to so much obloquy, in consequence of cabals and prejudices created by its
opponents. Availing themselves of such a state of things, ministers, who ought to have

NARRATIVE OF OPPRESSIVE PROCEEDINGS

been, by their situations, the natural protectors of my legal rights, preferred the course
of injustice and inhumanity. In other countries, when any thing of this kind happens,
the oppressed subject is permitted to appeal to •.1:') magnanimity and power of th^'
Sovereign ; and it is well known how often in Austria, in Holland, in Prussia, &c. the
statements of injured individuals, on the days when all are allowed to approach the throne
for that purpose, have satisfied the royal mind, and stopped the ruthless proceedings of
men in power. With us, on the contrary, the avenues to the throne are as impenetrable
as the fields of ice to the liardy navigator, who seeks to approach the polar basin ; and
thus it happens, in this " land of liberty," which boasts of its pre-eminence in all that
is noble, great, and good, that the ministers who govern, can, with perfect impunity, and
on their responsibility, be as refined in cruelty, persecution, and insult as they please,
towards a fellow subject who has not the good luck to possess equal wealth, or to be
protected by others who have that advantage, and with it counterbalancing influence
and power.

1 am bound to acknowledge, that on every occasion of addressing Earl Grey himself,
1 met with courtesy of reply, and even much that was obliging in his expressions ; nor
was there any want of civility in the communications of one or two of the noble col-
leagues of his Lordship, when they were applied to. But others were less scrupulous,
and knowing, I dare say, all they might expect from the vast number of their servile
and ever-attending and obsequious partisans, who are always ready to applaud and de-
fend their measures, they took care that the course they pursued respecting me should
be rendered more extensively injurious, by making those ministerial satellites give the
impressions they desired to their hearers in general society.

One grand object of the Government party, from the commencement of their oppo-
sition to me, has been to talk a great deal about the manner in which I was recom-
mended to take up my family titles in 1825. They have been pleased to stigmatise it
by epithets that would apply most correctly to their own manner of doing things ; and
an outcry has been raised, (in which, alas ! several Scotch as well as English Peers
have joined,) that it was, on my part, audacious to resume (assume, thej/ say,) those
titles in so unprecedented, improper and illegal a way ! Further, it was not enough to
make the public believe all those absurd and groundless assertions ; but it served the
particular purposes of Government, to make the same public also believe that my ter-
litorial rights and hereditary offices weie inseparably connected with my peerage rights
and privileges ! They knew very well that such was not the case ; but what did that
signify? It added immensely to the prejudices and unfavourable impressions already
created ; and that was all those equitable personages desired. Such was the eflbct of
these reports, that, I verily believe, the commonly-received opinion to this day is, that
the rights of peerage and the rights of property are, in my case, quite inseparable.
Now, this last consideration, joined to other equally potent reasons, induces me to

AGAINST THE EARL OF STIRLING.

explain, in as clear and inteliigil)le words as I can, \.liy it is absolutely impossible tlicre
sliould be any connexion whatever between the pf.erage and the property.

It is only necessary to request my readers to observe, that the royal charters, by
which the territorial property in America, claimed by me, was granted to my ancestor,
whose heir 1 have been found to be, were dated in 1G21, 1625 and 1G28 ; and that Sir
William Alexander, as he then was, continued to be known by that name till the 4th
of September 1630, when lie was first raised to the peerage, by the titles of Viscount of
Stirling, and Lord Alexander of Tullibodie. On the 14th of June 1633, he was fur-
ther advanced to the dignities of Earl of Stirling and Viscount of Canada. It follows,
that as the whole territorial property was acquired tvhile tlie Earl ivas a Commoner,
and my services of heirship have enabled me to obtain seisin and infeftment of the lands
so granted, and not under any subsequent grants to him when a Peer, the rights are
perfectly distinct. More cannot be wanted than has already been adduced in the first sec-
tion of this Narrative, to set the question, as to that point, for ever at rest.

I am neither so stupid, nor so blind, as not to understand ivhy a senseless clamour
has been raised against me for daring to defend my right, and the propriety of the course
I have pursued, — why my private opponents have resorted to dark intrigues, conspira-
cies, false statemcists, infamous accusations, (bandied about with perfect recklessness by
men they ought to have been ashamed of employing,) and every kind of degrading arti-
fice, to impede my progress, and if possible effect my ruin. It is because lam en-
titled to a princely fortune, with vice-regal powers and privileges. Yes; this, this is the
secret and only true cause of all the opposition I encounter. It is not my being Earl
of Stirling that any one would care about ; if I were not, at the same time, the proved
heir to the great landed possessions of my family. But what a shame that in England,
in the roign of a mild and patriotic Sovereign, and in the boasted days of reform, when
all persons and things are presumed to be so purified, so good, so just, so liberal — when
every Government man ought to be half a saint, and shudder at the bare suspicion of his
doing an illegal or oppressive act — that a British subject can be put out of the pale of
justice at the nod of a minister, because he happens to be fully entitled to a large for-
tune.

The very idea of such an abuse of ministerial power is too monstrous to find admis-
sion into the mind of a thoroughbred, unsophisticated Englishman ; for he is too gene-
rous and upright himself to believe that he is governed by men who laugh to scorn all
laws and institutions that interfere with their own ambitious views.

The laws have placed me in the strong position I hold j and I ought to be, under
such protection, safe from any attempts made to dislodge me. Independently of the
gross absurdity of connecting the rights of property with those of peerage, which 1 have
before shewn are quite distinct, there can be no hesitation, on my part, in declaring that
I set a much higher value on the former than on the latter. But if my enemies could

;

>■'■

;lf*

32 NAllHATIVE OF OPPRESSIVE PROCEEDINGS

succeed in depriving me of the Stirling peerage, they would not enjoy the poor triumph of
reducing me in rank ; for I should be, under a different charter and limitations, Earl of
Dovan in Scotland ; and always in Nova Scotia and Canada, either as a Peer or a Com-
moner, his Majesty's hereditary Lieutenant, and should retain all the other heredi-
tary offices, powers, privileges and immunities tliereto belonging, with the proprietor-
ship of the soil.

Any further arguments would lead to repetitions. Government, it is clear, can only
oppose to such incontestable and amply proved facts their own arbitrary will. The abet-
tors of their schemes meanwhile have, as they conceive, a sufficient pretext for continu-
ing their base practices, and I am exposed to have them like so many hornets buzzing
about my ears, and seeking new opportunities of stinging without danger to themselves.

AGAINST THE EARL OF STIRLING.

SECTION III.

UNREASONABLE HOSTILITY OF I'RIVATE PARTIES. TREACHERY OF A MALEVOLENT AND

MERCENARY AGENT.

The uniformly bad treatment I have met with from such persons as those I have al-
luded to, and indeed from more influential classes in London, now come to be noticed
at this point of my statement, after the shameful exhibition I have given of ministerial
injustice and oppression. With the former, the grand object has been to effect, h^ antf
possible means, my degradation and ruin. There were no delicate scruples, no feelings
of respect or attachment, no conscientious objections standing in the way of their law-
less and unjustifiable efforts to injure and destroy. A deep scheme of villany was con-
cocted : they were favoured by the pressure of my wants, and my extreme anxiety to
raise ample supplies for the various purposes of my important claims, as well as other
objects I had in view ; and thus, the minor agents of these conspirators (for such they
truly were) had a wide field of action before them, upon which they found too many
opportunities of displaying their science, in operations of swindling and robbery. I
was unsuspicious and confiding ; and to men who had surprised the judgment, and over-
come the caution of many noblemen and gentlemen before my time, under nearly simi-
lar circumstances, that was the state of mind most favourable to their sinister views.
Perhaps the most atrocious means, adopted by the schemers in question to draw me in-
to their snares, may be considered by the attentive reader to be the successive introduc-
tions of intriguing and unprincipled men and women, who, by their connexion with
noble families and other persons of influence, and their admission into good society,
were able, each for a time, to conceal their plans, and make me and my family believe
them our devoted friends. But, happily, such persons have been stamped by the hand
of Providence on their perverted minds, which invariably leads them, sooner or later,
to betray their true characters and dispositions ; and thus it has happened, that being
discovered and indignantly shunned by us, those people now feel all the rage of disap-
pointed villany. I have no intention of disgusting my readers, by entering into further
explanations on such a subject. It would be improper besides to do so, since there are
tribunals to which I can hereafter appeal. What I have mentioned is merely for the
purpose of elucidating the conduct and motives of the leading individuals, who have
always kept as much as possible behind the curtain, while their disreputable agents
have been made the instruments of evil, discredit, and suffering to me, their chosen prey.
By the transactions in which they got me entangled, they laid the foundation for suits
'-• '■ ' ' ■ ,. . B.

NARRATIVE OF OPPRESSIVE PROCEEDINGS

1 1

at law, and a regular series of attacks upon my credit; my honour, and my peace of
iTiind. They created such prejudice against my cause, as rendered all my struggles to
overcome it, in those quarters where it was most desirable that my rights should be well
understood and appreciated, altogether powerless. These atrocious means were aided
by the tittle-tattle of gossips and fools, the insinuations of more accomplished idlers,
and the open slander of others, who, in the mazes of London society, are always exer-
cising their talent at backbiting and mischief. In short, the great objects of the chief con-
spirators, (whose connexion with Government, and powerful families hostile to my claims,
sufficiently shews whom they were adulating and serving,) by degrees were partly at-
tained to the extent they wished. I say partlj attained, because, most assuredly, they
are mistaken, if they flatter themselves with having annihilated either my claims or me
by any of their schemes. They have been too successful in deeply injuring me, — they
have harassed, tormented, distressed, and occasionally alarmed my family, — they have,
assassin-like, stabbed my reputation in the dark, and imposed for a brief space on a
portion of the public, who have had no opportunities of knowing, and consequently
none of estimating, either my real character, or the just and honourable motives of my
actio.is. Finally, they have been able to set at work on their side, those useful tools to
the wicked, the chatterpie lovers of scandal and defamation, who care not what wounds
they inflict, provided they can be permitted to rattle on without interruption, and attract
some degree of attention to their venomous reports. But let not the leaders of so ably
arranged and well-connected a conspiracy exult too soon over its intended victim. The
ass plucked up courage enough to kick the disabled lord of the forest, according to
fable, while the fever wasted his strength and dimmed his eye ; and so, in my depres-
sion, and while struggling almost alone against a host of foes, I have been made the
butt for every fool to aim at. This unnatural state of things cannot last for ever. A
trifling occurrence in the life of man often leads to great events, and to changes as for-
tunate as they were unexpected a short time before. I venture to hope that such a de-
sirable turn in my affairs is close at hand : and when it shall take place, let my perse-
cutors look to themselves for the revulsion of public opinion as to my rights ; and the
unjust sufferings I have been made to undergo, will be annihilation to them and their
schemes.

I must now describe the treatment I experienced from a very different class of per-
sons, also in London ; but who certainly acted under the influence of such impressions
respecting my case, as they received from the infamous agents and prime movers in
the great conspiracy against me, to whom allusion is made in the preceding paragraph ;
and not, I imagine, because they bore me any ill-will, or had private motives for repelling
me. For instance, there were several Companies, who had obtained grants of land in
Canada and New Brunswick, the members of which, if they would have given them-
selves the trouble to study my case without bias or prejudice, might have seen the good
policy of helping it forward, in consideration of the immense increase of profit and ad-

AGAIN^;T THE EARL OF STIRLING.

vantage which they had it then in their power to stipulate for. So much convinced
were my friends that this would be the view to be taken of my situation and prospects,
that, by their advice, 1 sought an opportunity of improving my acquaintance with a very
intelligent and gentlemanly man, whom I had seen at Liverpool, and who was so deeply
interested in the success of a Company then forming, that he intended to go out to
America and settle upon the lands granted to them. At first we met on the most
friendly terms, and every thing seemed to promise an arrangement with the directors
on terms of mutual advantage ; but during an interview he had appointed to take place
at his lodging in town, I was introduced to a stranger, whom he described as the most
active member of the new Company. I shall not mention names ; but, as the object of
this last important personage was to undo all that had been done, I shall sum up all my
allusions to him and the Company to whose interests he was so much alive, by observing,
that a very few minutes only had passed, when I saw there was no hope of calm and
fair discussion on the subject of our meeting j and, indeed, the conversation was brought
abruptly to a close, by the cold indifference of manner, and the forced smiles of the
stranger, which did not conceal, as he intended, the sneer that each remark of mine
drew forth from him. "While I still recall to mind with pleasure my communications
with the former gentleman, 1 think only with disgust of the conduct of the " influential
" member."

The agents I deputed to wait upon the secretaries or directors of other trading and
emigration Companies, described tlie reception they met with as almost insulting ; and
in short, though quite unacquainted with my case, or the proposals I wished to make,
it seemed too evident that prejudices of so violent a nature had been imbibed, that there
was no disposition to listen, for a single moment, to my friends or deputies.

For a series of years my mind was kept in a state of irritation, and my spirits were
jaded even to a certain degree of discouragement ; first, by the unremitting persecu-
tions of the parties who had conspired against me j secondly, by so much disappointment
in attempting to negociate with Companies, who, by their pursuits, and the property
they had acquired within my hereditary possessions, had, though they denied it, the
greatest inducements for lending me their cordial support j thirdly, by the manner in
which my applications were met by other individuals possessing wealth, with good con-
nexion and influence, which, if enlisted on my side, would have dispersed all the obsta-
cles frivolously and vexatiously raised by my enemies, as chaff is dispersed by the wind.
Instead of this, however, or even behaving with common civility, almost all the persons
alluded to, (generally under the influence and advice of the lawyers they consulted,)
treated me, or those I employed to wait on them, in the most abrupt and ungracious
manner ; giving no valid reasons for a refusal to listen, but rather displaying total igno-
rance of the merits of my case, and prejudices the most despicable. Their ignorance
refused to be enlightened : it was of that dogged, stupid, headstrong nature, which is

1 ' It

NARRATIVE OF OPPRESSIVE PROCEEDINGS

peculiar to thorough-bred, money-getting, untravelled Londoners, when their prejudices
have been once excited. The refusal to look into the case was frequently accompanied
by an avowal of servile deference to parties whom they, forsooth, would fear to offend,
if they consented to assist the oppressed Earl of Stirling.

I cannot forbear remarking here, as a singular fact, that, during my long and painful
struggle, single-handed, against the power and influence of Government, and against
private opponents who, besides their own wealth and power, have brought to bear upon
me the united strength of the family connexions they have in all parts of the empire,
and the harassing annoyances of their agents, I have never found amongst the high no-
bility, or the far-famed English gentlemen of great estate and ancient lineage, one noble
example of sympathy, courage to defend, generosity of motive, independence of feeling,
desire of understanding my real situation, with willingness to protect and assist me in
so good and just a cause. Not one in those highly favoured classes (although I have
an undoubted right to be considered as belonging to their order) has endeavoured to
serve me. I speak not of money — that is out of the question with them j but I do dis-
tinctly refer to such assistance as some of them might have offered to render me, by up-
holding my rights in the Senate, at Court, and in society. Such marks of interest in
my favour, under the circumstances of oppression that have been detailed in these
pages, would, nevertheless, have done honour to any members of Britain's aristocracy.
Then why have no such instances been found ? Have I ever done any thing unworthy
of my character as a gentleman, a man of honour, or a Christian ? 1 am sure that no
man, unless he be as reckless, malicious, and unprincipled as are some of my dastardly
calumniatois, would risk a similar charge against me, still less against my family, who
are deservedly my hope and pride. I know that erroneous views have been taken by
many respectable individuals of my conduct and proceedings on various occasions ; but
they must be infatuated if 1 do not convince them, and all whose respect and esteem I
am anxious to deserve, of the purity of ray motives and intentions, from my first coming
forward to assert my claims, to the present hour. When I shall have obtained posses-
sion of my property, and overcome the difficulties in which J have been involved by so
protracted a struggle, it will be seen whether this be not the indubitable truth. Mean-
while, I have a consciousness of right, an honest pride of having done all I could do
amidst such extraordinary trials, to maintain my position without deviation from the
path of honour ; and I know that I have protected my family, and the interests of those
who have assisted me, to the utmost of my power. Under these circumstances, 1 cer-
tainly expected more sympathy and support from a wealthier class than 1 have hitherto
found. They have disappointed mc ; but my reflections are still my consol^ion, and
serve as the best stimulants to continued exertion.

It is only among that middle and truly English class, who occupy an enviable station^
equally distant from the extremes of lordly influence, wealth, and fashion, as from those

AGAINST THE EARL OF STIRLING.

of commercial arrogance and selfishness, that I have found support. They possess much
the largest share of those amiable qualities of the heart, those graces of mind and person,
that good faith and good feeling, that love of virtue, and those noble and honourable
sentiments, which, in days of yore, used also to distinguish so considerable a portion
of the higher and lower classes in Britain. It will be my pride, as long as I live, to
acknowledge, that many of the persons to whom 1 allude have assisted me to the fullest
extent of their limited means, and have heightened the value of such timely succour by
their generous sympathy.

Deeper villany than has been practised by some, who are for the most part either
agents in the great conspiracy of my private enemies, or men who were formerly
employed by me, and who betrayed my confidence, never was practised in the case of an
unoffending individual. Many attempts have been made to conciliate certain parties
whose violence was supposed to proceed from erroneous opinions rather than any bad
motives ; but I am compelled to entertain a perfect conviction, that such persons, like
their advisers, have really no object so much at heart as to effect my ruin ! Were it
otherwise, they would not have refused me the extension of time I required to settle
with them, — they would not have put themselves to useless expense, and harassed me by
commencing proceedings which had for their sole object the infliction of the deadliest
injury, without a chance of arriving, by such means, at the pretended and ostensible
objc( In fact, the hostile conduct of many persons, who have acted similarly to those
alluded to above, has been sufficiently explained by their connexion with the agents of
my more powerful opponents, and their employment of the very men who had treacher-
ously abandoned my cause, and poured forth their malevolence in falsehoods and
calumny. I have been able to trace the particulars of several plots against me, and to
secure the means of bringing their authors to public shame and punishment, should it
be found necessary. Meantime, I warn such persons of the danger to which they are
exposing themselves. Those who fear not to make use of traitors and impostors to for-
ward their plans, should at all events remember, that the same treachery lurks in their
own camps, and is most likely to convey to me, at any turn of events, what will cover
them with shame and ignominy.

I have never asked, but from the best and most honourable motives, for time, and con-
fidence in my promises. It is very certain that years have passed away in expectation,
when months only were originally looked forward to ; but facts are stubborn things,
and it is an absolute fact that I have not, in a single instance^ wilfully occasioned delay.
I have not done one individual intentional wrong ; nor will any one, hvivmg just claims
against me, find me defer a single day the settlement he is entitled to, when the means
of so doing are in my power. I fling back, with undisguised indignation and scorDt
the infamous, lying, abominable charges which are, I know, made against me ; and to

!-•

I 'il

NARRATIVE OF OPPRESSIVE PROCEEDINGS

liim who may ask me why I have not then sooner given proof of my intentions, I reply
in those lines of Mother Hubbard's Tale, which pithily describe my feelings :

Full little knowegt thou, that hast not tried,
What Hell it in in suing long to bide ;
To lose good days that might be better Bpent ;
To waste long nights in pensive discontent ;
To speed to-day, to be put back to-morrow,
To feed on liope, to pine with fear and sorrow ;
To fret thy soul with crosses and with cares,
To eat thy heart, through comfortless despairs.

When, to the cause of delay in acting justly, which is truly set out in the preceding lines,
I add, that the most clamorous advocates of the persecution I have undergone, are,
almost without exception, the same men who have used every art and means that vil-
lany could suggest, to increase the prejudice and discredit thc^/ had themselves first
produced, in order thereby to prevent itijj obtaining the advances of funds I required
to settle with their emploijers, the public will comprehend, that to overwhelm me was
their real object, not to enforce the payment, which was the hollow pretext.

I commit this Narrative of my long sufferings to a just and discerning public, with
confidence that it will excite attention, set me right with such as have allowed them-
selves to be temporarily influenced by defamatory reports, and cause all whose good
opinion is worth having to raise their voices in my defence. As for those who have
used the supreme power of Government to crush me, and those flimilies who have abused
their wealth and high connexions to direct the weight and ascendancy obtained by such
inestimable advantages against me, 1 hope they too will return to more praiseworthy
sentiments and pursuits.

What I asserted almost at the beginning of my statements may properly be repeated
here, namely, that I and my family are not the only sufferers by such horrible injustice.
The business, the views, and prospects of a few Colonial Companies, of intending
emigrants, and actual settlers, and even the interests of the late Duke of York's credi-
tors, are deteriorated by the suspension of an adjustment of my claims. How can the
latter expect any settlement of their demands while the suit in Chancery, brought by me
against the lessees of the Nova Scotia Mining Company, is pending ? The legal advisers of
those creditors appear to have considered, as do, I believe, the majority of their profession,
that any application to me, or notice of my proceedings, was not worth their while. Be it
so : it is their business, not mine, to ascertain how far they may be right or wrong in the
course they pursue. In respect to the litigation so uselessly provoked by the lessees of
the Company, 1 think they have had time enough to judge whether it would not be in-
finitely more for their advantage to coalesce with me than to oppose my object. In the

AGAINST THE EARL OF STIRLING.

3!»

Colonies, people are beginning to be aware that the titles to recently purchased lands
there are incomplete without my confirmation, and arc likely to be disputed. Hence
much distrust, which, coupled with their uncertainty as to the consccpicnccs of my pro-
ceedings, and with the great political agitation in Canada, will more and more expand
the ideas of Colonial proprietors, and furnish reasons for mature reflection on the merits
of my case. At home, what has Government gained by such tyranny and injustice towards
me ? Nothing whatever, unless loss and embarrassment be, in their estimation, gain.
But 1 beg pardon : I forgot the temporarij triumphs they have gained. Yes, they have
indeed succeeded in foiling me liitlierto, by the show of contempt for my rights, by using
the arm of power to intimidate all who have dared to raise their voices in my favour,
by availing themselves of the subserviency of some, the pride and jealousy of others
who might have upheld my rights, and done themselves immortal honour by defending
the privileges and independence of their order and country. Yes, they have done all
this ; and if report be true, they did more, at one critical moment, by conferring military
and civil appointments on persons whose interests would otherwise naturally have indu-
ced them to co-operate in my proceedings. Nay, 'tis said they silenced, in their pecu-
liar way, writers who were disposed to take up my cause in periodical works. To the
high-minded editors of several well-conducted journals, 1 have only thanks to return for
the kindness and impartiality shewn respecting me and my affairs. A small number
have indeed permitted scurrilous attacks to disgrace their columns from time to time ;
but I flatter myself, the directors of these journals could not know how much the pur-
veyors of such trash deceived them, and exposed their own venal and corrupt motives.

A right understanding of my case, and impartial justice, are the two points I have at
this moment in view. Those among my countrymen who have the courage to stand
forward in the defence of an ill-used and oppressed fellow-subject j those honourable
and high-spirited foreigners, whose independence of feelings and interest secure them
from lies, will equally be on my side. All men whose own honour and integrity are in-
corruptible will be my friends, after reading the work I have been recommended to
prepare particularly for their consideration ; and I hope some will be found, in Old
England, disposed at length to lend their cordial support in Parliament, and out of it,
near the throne, and among the people. My appeal to them will not be cast aside with
indifference. No ; they will give it full consideration, and it will rouse them to prompt
and effective exertion in the cause of Justice.

VP"

40 NARRATIVE OF OPPRESSIVE PROCEEDINGS

POSTSCRIPT.

Since the foregoing Narrative was written, I have made important discoveries both
in France and America. One most important document for establishing my descent
has been restored to me ; and in addition to these advantages, I have had the satisfac*
tion to hear that the miserable and inglorious attempt of the advisers of the Crown, al-
ready sufficiently descanted upon, to impugn an old affidavit and other papers, forming
part of the evidence first produced in support of my rights, has proved a total failure.

Thus, in the short space of a few months, I find my position so much strengthened,
that I cannot but regard as a visible interposition of Providence all the extraordinary
occurrences by which the very endeavours of my enemies to ruin and disgrace me, liave
been overruled to produce the opposite effect.

I understand that one vindictive, treacherous being, who, during eleven years, took an
active part in establishing my rights, and, till he forfeited all claims to it, possessed my
confidence, has for some time past had recourse to means of inflicting deadly injury on me
and my family, so consummately wicked and perfidious, that a man of good principles
would think such conduct almost too bad to be believed. Unhappily, I cannot doubt
the correctness of the information that has been conveyed to me. What he was not
afraid to threaten fifteen or eighteen months ago, if I did not supply him with money,
he is now trying, with all the malice of a fiend, to accomplish, namely, to pull down the
structure he had assisted in raising. But his ownn earest connexions say, that such
is and has been his invariable practice in every case in which noblemen or gentlemen
have had the misfortune to employ him. The system which he has followed up with
such wonderful industry, in the hope of extorting money from me, will scarcely be cre-
dited by respectable and reflecting persons. He began by making fallacious representa-
tions of his difficulties, and then by threats of self-destruction ; and I should have been
deceived by the ingenuity of his statements, had I not been made aware by those who
knew him better than I did, that the jail he was about to enter, and the exposures he
seemed to dread from week to week, were but the fruits of his own invention, to make
me part with the money which he well knew was most inconvenient. Another favourite
scheme of his was that of conveying notice to me of competitors coming forward, some-
times from one end of the world, sometimes from another ; furnishing him, on each occa-
sion, with an excuse for asking money, as he had frequently before had large sums to
go here and there to obtain further evidence to strengthen that part of my descent
which he pretended was threatened to be assailed. That he has tried to bring forward
various persons, from the first time of my employment of him, is now very well known
to me J but those persons knew too well how perfectly hopeless their appearance would

Mi,

AfJAIXST TIIK KAKI. OK STIULINCI.

he in renlisiii}^ his ingonioiis ii'picscntations. Failiii};, by these tncatis, to wound cither
my honour or my peace of mind, he next threw doubts and insinuations upon one part of
my evidence after anotlier, just as my progress compelled iiim to abandon tiie dill'erent
points; and wrote letters, not oidy to persons of rank ami iutluence in Kngland, Scot-
land and America, making statements respecting me and my claims, wiiich he calculated
would tend to paralyse the exertions of those who were inclined to serve my interest,
and make me appear to the rest of the world in a most c(|uivocal light ; but also to many
of my private friends, threatening, that uidess money were provided for him, he would
destroy my case entirely, aiul that he cared not if it were to be ruin to himself, so as
he could drag mc down with him. This person repeatedly asserted, that he had docu-
ments in his possession, with the help of which, if he chose, he could triumphantly carry
through my case, (1 long had the strongest reasons for supposing that,) and again,
usually on the same page, asserted that he could as easily destroy it.

For the information of all those, however, whose opinions, formerly favourable to mc
and my claims, may have been shaken by the defamatory letters received by them from
this person, I feel myself called upon thus publicly to state, that as I have numerous
old and kind friends, who could and would, were it necessary, vouch for the upright
and honourable tenor of my actions through life, I may safely atHrm, that this person's
calumnies are pure invention, and as such, deserve to be viewed with contempt. It is
proper that the public at the same time should understand, that so far from my having
ever given him the slightest provocation or just cause of enmity, 1 and my family, du-
ring the eleven years that he wsis employed as my agent, did every thing in our power,
by repeated attentions, acts of kindness and real services, to attach him to our cause, be-
lieving, notwithstanding the reports of his conduct towards others, that he was sincerely
desirous of discharging his duty zealously towards us. In 1820, I gave him the strong,
est proof of my intention most amply to reward his services if he continued faithful, by
executing deeds in his favour, which he still holds ; and though I am assured he dares
to maintain, that I had no other object in doing so than to deceive him, my family and
most intimate friends are perfectly aware how anxiously 1 looked forward to the fulfil-
ment of what these deeds engaged me to. Some of the plans that he formed by the
assistance of persons of worthless principles and character were of the most wicked sort.
They had a double object, — the extorting of money or securities from me, and far worse
than that, the ruin of the character and respectability of my family, by endeavouring
to entangle them in their own schemes. To accomplish these ends, false names were
adopted, and introductions from persons of rank and reputation in the world ; and I
have been informed, that nothing can equal the rage and disappointment of those beings,
and that their hatred seeks to revenge itself, for the failure of their plans, in the most
horrible calumnies. 1 am greatly indebted to some friends for the disclosures they have
made to me, in reference to the person I have chiefly had occasion to notice ; but 1 could

NARRATIVE OF OPPRESSIVE PROCEEDINGS

!■

/ fli:

t •

liave wished tliat they, despising tlie ordinary way of the world, under such circum-
stances, had boldly come forward at the first, and declared his true character, instead
of leaving to me and my family the uncertain task of ascertaining the disreputable or
dangerous qualities of a man, whom all by their timid silence appeared to approve. I
have heard now, indeed, though late, that my employing him was considered at the
Public Offices as certain ruin to my case, and it has been also considered wonderful that
1 could have extricated myself from him j and when 1 look back and compare his cor-
respondence of former years with the information since conveyed to me, I see a thousand
mysterious circumstances explained that it never was before in my power to account
for. Recent proceedings in Scotland, to which sufficient allusion has already been
made, and the exasperating conduct of this vindictive person, who, it seems, is closely
leagued with the parties or their agents, and the counsellor of their obnoxious measures,
compel this lengthy notice of him. I should have infinitely preferred consigning him
and all his acts for ever to oblivion ; but such extraordinary reports continue to be made
to me of the treatment my family in my absence experienced, even in Scotland, arising
out of the slanders caused to be spread by his correspondents, that I could not refrain
from making the statement. He has been heard to express the bitterest sarcasms, and
to avow his hatred of me in terms which disgusted those he addressed himself to, and
which proved the truth of the remark, that " the wicked hate those they have injured." *

I have alluded elsewhere to the chance of a judgment being pronounced in the Court
of Session last term, as one of the causes which influenced me to suspend awhile the
publication of my present work. So much, however, required to be done in a short
time after the restored document was received, for the perfect verification of the signa-
tures upon it, that my friends completed their labours rather too late in the month j and
the consequence was, that on moving the Court to circumduce the term for proving,
and to appoint parties to debate, (plead,) the counsel for the Officers of State, according
to their custom, i»ot approving of a march at quick time, opposed the motion. When
required to state their reasons, they alleged, that they should have evidence to lead } — an
allegation which I feel fully warranted by past experience in treating as a mere sub-
terfuge, recurred to for the sole purpose of gaining time. The learned Judge, on the
principle of impartial justice, could not do otherwise than allow the cause to stand over
till November.

Happily, my Narrative need not await the end of proceedings in Scotland. Its main

* I cannot finisii tliis notice of htm, wicliout rcqui'sting; those wlio mny imagine that I am too Iiard upon a
man wiio was so many years employed l)y me, to satisfy themselves as to his true disposition, by referring to
liis numerous genealogical works and his political writings, but especially to his pampiilets against other fami-
lies ; and let his dedications to illustrious individuals, his attacks on tlie noble houses of Howard, Lascelles,
Courtenay, &c. and the opinion of the College on Bennet's Hill, establish whether the statement of his own re-
latives respecting him be not founded on a perfect knowledge of his general conduct.

AGAINST THE EARL OF STIRLING.

objects are wholly independent of, and unconnected with them. It can appear with
equal, indeed with greater propriety hefwe, than after any decision of the Scotch Judges.
This, I am persuaded, every attentive reader will at once admit ; and I might have passed
without inconvenience from the consideration of what occurred in the Lord Ordinary's
court, on the occasion in question, to other subjects, had it not appeared to me that the
manoeuvre, by which my opponents have obtained a further suspension of final judg-
ment, ought to be submitted to some examination.

I think it has been clearly shewn in the Narrative that my being a British subject, claim-
ing no more than what was in law and justice my own, was viewed by the Government
of this great country as giving me no title to its fostering care and protection, nor even
so much as common courtesy in the manner of treating me. No, after spurning me
from them on every renewed application, the leading members of the Government
had recourse, at the suggestion of some concealed enemy of mine, to an action of reduc-
tion of my services and to the plea, as the chief ground of the whole proceeding, in
which recently they have signally failed. It might have been with reason expected that
such a failure of the object on which their hopes of destroying me principally rested,
would have satisfied them of the uselessness of protracted litigation ; but, on the con-
trary, they seem as intent on it as ever.

Let me ask, what can be the object of the Crown or Government in delay ? Is it that
their case has been strengthened by it ? No. Have they any case at all, without the
infamous plea which they failed to substantiate ? No. What then do they expect from
prolonging the suit ? To ruin me by its expenses, — to wear me out, — to destroy my ener-
gies, — to drive me to madness or despair. Yes, I have no hesitation in declaring that I
firmly believe such are the real views of the Government, or of " that complex person
" called the State," in his dealings with me.

The words I have just quoted are from a very remarkable and clever article in the
Standard newspaper, written on the occasion of Mr Warburton's speech, a few weeks
since, in the House of Commons, on presenting the petition of Catherine Robson and
Isabella Ainsley, the heires!"-o of the late Mr Samuel Troutbeck of Madras. Grave in-
deed are the reflections co which that speech, and the able article of the Standard upon
it, give rise. I fear there never was drawn a truer character of the State, alias the Go-
vernment of Great Britain. " That complex person " is brought before the mind's eye
in all his hideous deformity. We see " this abominable rogue," and at once recognise
in him the " bad neighbour," the " niggard master," the " dishonest, harsh, griping
" and ungenerous " person, who " never pays a debt if he can help it, nor surrenders
'• any thing of which he is in possession, without having recourse to every dilatory and
" vexatious expedient." But the reasons of so much roguery and bad faith are de-
scribed by the writer of the article in question, to be hatred of " trouble and responsi-
•• bilitt/ " felt by the managers for the State ; their belief that, " to encourage or connive

i t!

NARRATIVE OF OPPRESSIVE PROCEEDINGS

" at claims upon the public purse, though never so well founded, would be to invite no
" small share of trouble and responsibility. They therefore assign the consideration
" of all claims upon them to the lawyers ; and every one must see what the effect is when
" lawyers get into their hands a defensive case, maintained and provisioned by the Trea-
" sury, and armed with all those outworks and defences, not contrived for the protec-
" tion of nations, but of the poorest individuals, — all must see what is the effect when
" lawyers get such a post so well sustained to hold out against an unfriended, and it
" may be, a pennyless plaintiff'," &c. Again, the writer wishes it to be remembered,
that it is thought no disgrace to " a minister to be hard-hearted. On the other hand,
" what would be the infamy of an individual grasping money quocunque modo, is too
" often regarded as a merit in a financier," &c.

What a portrait of ** the complex person" 1 believe no one who reads the Standard
will think that I have written too much or too harshly respecting his dealings with me,
nor will any who honour this Narrative with their consideration think so, after perusing
the foregoing extracts. If it be true, as stated by the writer of the article; that, to avoid
" trouble and responsibility" the " managers for the State," or, in other words, the
ministers appointed by the King to conduct the affairs of the kingdom, and who, by
virtue of the offices they hold, are each and all responsible for their acts, and are paid
lor the trouble they are bound to take in the administration of Government, yet shrink
from their highest duties because they " hate trouble and responsibility" then assuredly
they ought to be called to a severe account, and as unjust stewards of the country, be
punished as they deserve. Can any thing more atrocious be conceived than the turn-
ing over to merciless lawyers the claims of an individual justly entitled to property,
which that complex person, the State, has wrongfully, and by an abuse of power
during the incapacity of the righteous owner, got possession of, because, were they them-
selves to do their duty honestly and according to justice, they would " invite no small
" share of trouble and responsibility ? " For what then are they honoured by the
Sovereign with dignity, power, influence and all the attributes of government ? Is it
only to gratify their vanity, and enable them to play the part of tyrants ?

In my case, however much these managers for the State dislike trouble, it is very certain
they have taken trouble enough to harass, to injure, to insult, to persecute, to destroy me.
Their conduct is infinitely worse, because, in my repeated overtures to them, 1 have
endeavoured to convince them of the moderation of my views, and to shew that an ad-
justment of my claims could have been effected, without making a call upon the nation
for any large sums of money, or putting themselves to any groat expense of time or
trouble.

I have not only thus bitterly to complain o{ the managers for the State of England
in their dealings with me ; the consequences of their injustice affect my honour and
peace most seriously in various other ways, and in none more so than by the encourao-c-

AGAINST THE LAllL OF STIRLINC;.

ment it gives to the knot of conspirators, described in my Narrative, whose persecu-
tions have been unceasing ever since the Government attacked me. Scarcely has the
Scottish law term ended, and the fact that judgment of the Court of Session cannot be
had before November become known to some of those parties, than fresh efforts arc
made to overwhelm me during suspension of the proceedings. Amongst other means
resorted to, the individual particularly noticed before as acting like an infuriated maniac,
has recommenced his system of writing to my friends, making in his letters the most
false and defamatory statements respecting me, and hazarding assertions about my de-
scent, my evidence, and the imagined difficulty of proving the tenor of the charter of
1639, which my new discoveries will enable me at a convenient season to do. In the
meantime, he is to be found connected with others actively engaged in schemes, (of the
infamous nature of which I have been most unexpectedly and fortunately apprised,) for
the purpose of still more protracting the litigation, in the vain hope that time may effect
the destruction of a family, whom he seems to hate in proportion to the kindnesses he has
received from them. He may rest assured that, sooner than he at present believes,
measures will be taken to bring his whole conduct respecting me before a competent
tribunal, where it will depend upon the wisdom and justice of the presiding Judge, to
pronounce upon the case that will be laid before him. It will then be seen how far /
have broken any written contract, or failed to perform any engagement with that reck ■
less, malignant man. He has himself supplied me with the means of refutation of all
his calumnies, and of proving the extent of his j-evengeful acts against me. The course
he is pursuing renders it now absolutely necessary to protect himself from its continua-
tion by such an appeal to a court of law. I should have done so much sooner, but was
averse to any extreme measures while there was the slightest chance of his desisting froni
his unprovoked attacks upon me.

A little more than four years ago, the same man expressed himself thus on the subject
of my case, and respecting me :

" The endeavours of malevolence have been most active to misrepresent his right of
" succession, to detract from his indubitable evidence in support thereof, and to asperse
" his character personally, with the most illiberal, invidioi's and contumelious reflec-
•• tious. Convinced of the propriety of the grounds on which the Earl of Stirling re-
" sumed the rank of his ancestors ; confident in the ample, genuine and legal proofs of
" which he is possessed, to shew and maintain his descent ; and confirmed in my opinion
" by the similar sentiment of several barristers of high professional practice and know-
•• ledge who have been consulted and advised with, I have been induced to the compila-
•' tion of this pamphlet," &c.

It will appear almost incredible, that a person who could write of me and my case in
such terms at the period in question, and in language equally strong on many other oc-
casions, should have been capable of turning round, and have adopted a line of conduct

,1 '

NARRATIVE OF OPPRESSIVE PROCEEDINGS

so opposite, and observations so contrary, as to call upon me, though with the utmost
pain to myself, to expose the one, and repel the other.

SECOND POSTSCRIPT.

! \M

I .

September 1836.

I cannot permit this work to go forth to the public without soliciting attention to a
few additional particulars which have just come to my knowledge, and which throw an
unexpected light upon the dark schemes and the real motives of a powerful family,
whose opposition, from an early period, has been violently manifested on every favourable
opportunity. The chief of the family in question has no possible right of claim to the
titles or estates of the house of Stirling, — no interest whatsoever in any thing that concerns
me or mine, — no cause of hostility or hatred, since we never gave him or any of his, pro-
vocation, — never offended or thought of offending, — never attempted to do them an in-
jury, and, indeed, never noticed their acts or those of their unprincipled agents, but when
compelled to do so, to protect ourselves from their wanton and lawless attacks. Yet
have these persons been untired in malignity, active at all times in doing mischief, in
stirring up the great and powerful, as well as the lowly and contemptible, to all imagi-
nable persecution, insult, and injury, in the avowed hope of destroying me. No one
acquainted with them has ever been able to account to me for their extraordinary con-
duct, or to assign a single reason worth my attention for their fiendish hate.

It appeared necessary thus to premise what 1 liave now to mention, lest motives
similar to their own should peradventure be attributed to me by some unscrupulous
censurer. To such appreciations of mtf actions I would, however, as boldly as indig-
nantly reply, " No, my principles and feelings partake not of malignity, or revenge, or
« pride, or hatred. 1 should be ashamed to think or act in any way unbecoming my
«* character, and that station of life which I was born to occupy. I abandon to the
" worldly slanderer, to the time-serving flatterer, to the cowardly detractor from others*
" fame, that course which is pursued most naturally by them, and by the low-minded
" ruffian who fulfils the evil behests of " the foul fiend " to whom he has given himself
" up, both in body and soul." What will the world think, then, of a man of high
rank, vast wealth, powerful connexion and influence, recently — yes, I am assured, very
recently — speaking of me as the object of his hate, and publicly avowing his determina-
tion never to desist from opposition to me until he can effect my own and my family's
destruction ?

This explosion of the noble person's violent feelings having been reported to one of

AGAINST THE EARL OF STIRLING.

ray sons but a few days since, 1 feel that I must so far notice the statement, as that,
should it be a caluvui//, the noble individual in question may have an opportunity of
declaring it to be such ; and that should it be, in substance at least, true, he may
know that 1 am unappalled by his violence and threats. He will find in me what,
perhaps, past occurrences, and the modes of misrepresentation adopted by the wretches
who deceived, and those who conspired against me, have made him suppose I could not
possess, — I mean, sufficient energy/ and courage to defend my position against such
warfare.

To add more on the above subject at present would be wrong. I have already
alluded to the failure of the attempt to blast my character by the infamous charge of
forgery ; and shall further merely observe, that the result of the proof served only the
more to confirm the genuineness of my documentary evidences ; which indeed is so
manifest, that the advisers of the Crown have not ventured to report the proof into
Court. Notwithstanding all this, however, its over-zealous agents, my readers will not
now feel surprise to learn, as actively engaged as ever in their vocation of misleading
the public, I'ave not scrupled to misrepresent what took place, and in what manner the
investigation so signally broke down.

In conclusion, I just wish to throw out the hint to certain individuals, that I appre-
ciate their worldly estimation of my own and my family's sufferings, as such manifesta-
tion deserves. We are above the meannesses and the time-serving of such people, and
shall firmly hold on the tenor of our course despite their feelings or behaviour. " This
" is our brazen wall of defence. To be conscious of no crime, and to turn pale at no
" accusation." While we look forward to the coming change in our position, and con-
fidently rely on a complete revulsion of public feeling, we do not forget, that " La
" patience est amere j mais le fruit en est doux."

APPENDIX.

No. I.

Original Charter in favour of Sir William Alexander, Knight, of the Province of

Nova Scotia, in America.

■■^.

Jacobus Dei gratia Magnae Biitanniae Franciae et Hyberniae Rex &c. Fidcique De-
fensor Omnibus probis honiinibus totius terrae suae clericis et laicis saluteni Sciatis nos
semper ad quamlibet quae ad decus et emolumentum regni nostri Scotiae spectaret oc-
casionem amplcctandum fuisse intentos nullamque aut faciliorem aut magis innoxiam
acquisitioneni censere quam quae in extcris et incultis rcgnis ubi vitae et victui suppetunt
commodo novis deducendis coloniis facta sit praesertim si vcl ipsa regna cultoribus prius
vacua vel ab infidelibus quos ad Christianam converti fidem ad Dei gloriam interest
plurinnim insessa fuerunt sed cum et alia nonnulhi regna et haec non ita pridem nos-
tra Anglia laudabiliter sua nomina novis tcrris acquisitis et a se subactis indiderunt
quam numerosa et frequens Divino beneficio luicc guns hac tempestate sit nobiscum re-
putantes quamque honesto aliquoet utili cultu cam studiose exerceri ne in deteriora ex
ignavia et otio prolabatur expediat plerosque in novam deducendos regionem quam
coloniis compleant operae pretium duxinius qui et animi promptitudine et alacritate
corporumque robore et viribus quibuscunque difficultatibussiqui alii mortalium uspiam
se audeant opponere hunc conatum huic regno maxime idoneum inde arbitramur quod
virorum tantummodo et mulierum jumentorum et frumenti non etiam pecuniae trans-
vectionem postulat neque incommodam ex ipsius regni mercibus retributionem Ijoc
tempore cum negotiatio adeo imminuta sit possit reponere hisce de causis sicuti et
propter fidele et gratum dilecti nostri consiiiarii Domini Willelmi Alexandri equitis
servitium nobis praestitum et praestandum qui propriis impensis ex nostratibus primus
externam banc coloniam ducendam conatus sit diversasque terras infra-designatis limi-
tibus circumscriptas incolendas expetiverit Nos igituu ex regali nostra ad Christianam
religionem propagandam et ad opulentiam prosperitatem pacemque naturalium nostro-
rum subditorum dicti regni nostri Scotiae acquirendam cura sicuti alii principes ex-
tranei in talibus casibus hactenus fecerunt cum avisamento et consensu praedilecti
nostri consanguinei et consiliari Joannis Comitis de Mar Domini Erskyn et Gareoch
&c. summi nostri thesaurarii computorum rotulatoris collectoris ac thesaurarii novarum
nostrarum augnientationum hujus regni nostri Scotiae ac reliquorum dominorum nos-
trorum commissionariorum ejusdem regni nostri Dedimus concessimus et disposuimus
tenoreque praesentis cartae nostrae Damus concedimus et disponimus praefato Domino
Willelmo Alexander haeredibus suis vel assignatis quibuscunque haereditarie Omnes
et singulas terras continentis ac insulas situat et jacen in America intra caput seu pro-

APPENDIX.

No. ].

Charter of Nova Scotia. 1621.

James, by the Grace of God, of Great Biitain, France and Ireland, King, &c. and
Defender of the Faith, To all good men of all his territories, clergy and laity, greeting.
Know ye, that we have always been intent on embracing every occasion which might
tend to the honour and advantage of our kingdom of Scotland, and that we are of
opinion that no acquisition is more easy, or less hurtful, than that which is made by
planting new colonies in foreign and uncultivated countries, where commodities of life
and food are ready at hand, especially if either those same countries have been there-
tofore destitute of cultivators, or have been inhabited by infidels, whose conversion to
the Christian faith very much redounds to the glory of God ; but seeing that both
some other kingdoms, and not long since this our kingdom of England, have laudably
given their own names to new lands, by them acquired and concjuered, reflecting with
ourselves how, by Divine beneficence, this nation is, at this time, numerous and thronged,
and how expedient it is that it should be studiously exercised in some honest and
useful employment, lest, by indolence, and lack of employment, it lapse into evil, it
may be expedient, and we have thought it worthy of endeavour, that many should be
conveyed to a new country, which they may fill with colonies, who, both by prompti-
tude and alacrity of mind, and by strength and power of body, may dare, if any other
mortals elsewhere may, to encounter any difficulties, we think this endeavour herein
especially useful for this kingdom, because it requires only transport of men and
women, beasts of burden and corn, not also of money, and may not make a disadvan-
tageous return from the merchandise of the kingdom itself at this time, when trade is
so diminished, as to its returns : For these causes, as well as on account of the faithful
and acceptable service of our beloved counsellor. Sir William Alexander, Knight, to
us rendered, and to be rendered, who, first of our subjects, at his own expense,
endeavoured to plant this foreign colony, and sought out for colonization the divers
lands circumscribed by the limits herein-after designated. We, therefore, out of our
royal care for the propagation of the Christian religion, and for promoting the opulence,
prosperity, and peace of our natural subjects of our said kingdom of Scotland, as other
foreign princes have heretofore done in such cases, with the advice and consent of our
right well-beloved cousin and counsellor, John, Earl of Mar, Lord Erskyn and
Gareoch, &c. our High Treasurer, Comptroller, Collector, and Treasurer, of our new
augmentations of this our kingdom of Scotland, and of the other Lords, our Commis-
sioners of the same our kingdom, have given, granted, and disposed, and,, by the tenor
of our present charter, do give, grant, and dispose to the •'foresaid Sir William Alex-
ander, his heirs or assigns, whomsoever, hereditarily, all and singular the continent-
lands and islands, situate and lying in America, within the cape or promontory, com-

i'^

(

I '■

\'\

APPENDIX.

montorium communitcr Cap dc Sable appcllut jaccn propc lutitudincm quadragiiita
trium graduum aut co circa ab cquinoctiali linea versus septcntrioncm a quo promon-
torio versus littus marls tcnden ad oocidcutem ad stationcm navium Sanctae Mariac
vulgo Santmareis hay et deinceps versus septentrioneni per dircctam lincatn introitum
sive ostium magnac illius stationis navium trajicicn (juac excurrit in terrac oricntalem
plagam inter regiones Suriquorum ac Stecheminorum vulgo Suriquois et Stechemines
ad Huvium vulgo nomine Sanctae Crucis appellat ct ad scaturigincm remotissimam
sive fontem ex occidentali parte ejusdem qui sc primum praedicto fluvio immiscit unde
per imaginariam directam lineam quae pergere per terram seu currere versus septen-
trionem concipietur ad proximam navium stationem fluvium vel scaturiginem in magno
fluvio de Canada sese exonerantem et ab eo pergendo versus orientem per maris oras
littoralcs ejusdem Huvii dc Canada ad fluvium stationem navium portum aut littus
communitcr nomine de Gathepe vel Gaspie notum et appeliatum ct deinceps versus
euronotum ad insulas Bacalaos vel Cap Britton vocat relinquendo easdem insulas a
dextra et voraginem dicti magni fluvii de Canada sive magnae stationis navium ct terras
de Newfundland cum insulis ad easdem terras pertinentibus a sinistra et deinceps ad
caput sive promontorium de Cap Britton praedict jacen prope latitudinem quadra'^inta
quinque graduum aut eo circa et a dicto promontorio de Cap Britton versus me' idiem
et occidentem ad praedict Cap Sable ubi incepit perambulatio includen et comprehenden
intra dictas maris oras iittorales ac earum circumferentias a mari ad mare omnes ter-
ras continentis cum fluminibus torrentibus sinubus littoribus insulis aut maribus jacen
prope aut intra sex leucas ad aliquam carundem partem ex occidentali boreali vel oricn-
tali partibus orarum littoralium et praecinctuum carundem et ab euronoto (ubi jacet
Cap Britton) et ex australi parte ejusdem (ubi est Cap de Sable) omnia maria ac insu-
las versus meridiem intra quadraginta leucas dictarum orarum littoralium carundem
magnam insulam vulgariter appellat lie de Sable vel Sablon includen jacen versus Car-
ban vulgo south-south-eist circa triginta leucas a dicto Cap Britton in mari et existen
in latitudine quadraginta quatuor graduum aut eo circa Quaequidem terrae praedict
omni tempore afl'uturo nomine Noyae Scotiae in America gaudebant quas etiara prae-
fatus Dominus Willelmus in partes et portiones sicut ei visum fuerit dividet eisdem-
que nomina pro bene placito imponet Una cum omnibus fodinis tarn regalibus auri et
argenti quam aliis fodinis ferri plumbi cupri aeris stanni aliisque mineralibus quibuscun-
que cum potcstate effodiendi ac de terra efibdei'e causandi purificandi et repurgandi
easdem et convertendi ac utendi suo proprio usui aut aliis usibus quibuscunque sicuti
dicto Domino Willclmo Alexander haeredibus suis vel assignatis aut iis quos suo loco
in dictis terris stabilire ipsum contigerit visum fuerit (Reservando solummodo nobis et
successoribus nostris decimam partem metalli vulgo oore auri et argenti quod ex terra
in posterum cfTodietur aut lucrabitur) Relinquendo dicto Domino Willelmo suisque
praedict quodcunque ex aliis metallis cupri chalibis ferri stanni plumbi aut aliorum mi-
neralium nos vel successores nostri quovismodo exigere possumus ut eo facilius magnos
sumptus in extrahendis praefatis metallis tolerare possit Una cum margaritis vulgo

I ; "

APPENDIX.

monly called Cap de Sable, lying near the latitude of forty-three dcgrcos, or tlicreabout,
from the equinoctial line, northward, from which promontory, toward the sea-coast,
verging to the west, to the harbour of Sancta Maria, commonly called Sanctmarois Bay,
and thence northward, traversing, by a right line, the entrance or mouth of that great
naval station, which runs out into tlie eastern tract of the land between the countries
of the Suriqui and Stechemini, commonly called ^Sin-it/nois and IStechcmincs, to the
river commonly called by the name of Santa Crux, and to the remotest source or foun-
tain on the western side of the same, which first discharges itself into the aforesaid
river, and thence, by an imaginary right line, which might be conceived to proceed
through the land, or to run northward to the nearest naval station, river, or source,
discharging itself into the great river of Canada, and proceeding from it by the sea
shores of the same river of Canada, eastward to the river, naval station, port, or shore,
commonly known and called by the name of Gathepc, or Gaspie, and thence south
eastward to the islands called Baccalaoes, or Cap Britton, leaving the same islands on
the right, and the gulf of the said great river of Canada, or great naval station, and
the lands of Nevvfoundland, with the islands pertaining to the same lands, on the left,
and thence to the cape or promontory of Cap Britton aforesaid, lying near the latitude
of forty-five degrees, or thereabout, and from the said promontory of Cap Britton,
toward the south and west to the aforesaid Cap Sable, where the circuit began, inclu-
ding and comprehending within the said sea-coasts, and their circumferences, from sea to
sea, all continent-lands, with rivers, torrents, bays, shores, islands, or seas, lying near,
or within six leagues to any part of the same, on the western, northern, or eastern
parts of the coasts, and precincts of the same, and on the south-east, (where Cap Britton
lies,) and on the southern part of the same, (where Cap de Sable is,) all seas and islands
towards the south, within forty leagues of the said sea coasts of the same, including the
great island, commonly called Isle de Sable, or Sablon, lying towards the Carbas,
south-south-east, about thirty leagues from the said Cap Britton, in the sea, and being
in the latitude of forty-four degrees, or thereabout : Which lands aforesaid, in all time
to come, shall enjoy the name of Nova Scotia, in America, which also the aforesaid Sir
William shall divide into parts and portions, as to him may seem meet, and give names
to the same, according to his pleasure ; together with all mines, as well royal of gold
and silver, as other mines of iron, lead, copper, brass, tin, and other minerals whatso-
ever, with power of digging them, and causing them to be dug out of the earth, of
purifying and refining the same, and converting and using them to his own proper use,
or to other uses whatsoever, as to the said Sir William Alexander, his heirs or assigns,
or those whom it shall have happened that he shall have established in his stead, in the
said lands, shall seem meet. (Reserving only for us and our successors the tenth part
of the metal, commonly called ore of gold and silver, which hereafter shall be dug up
or gained.) Relinquishing to the said Sir William, and his aforesaids, whatsoever of
other metals, copper, steel, iron, tin, lead, or other minerals, we, or our successors, can
in any wise claim, that he may by so much the more easily bear the great expenses of
extracting the aforesaid metals : Together with the margarites, commonly called jyea?Ve,

;<)

* i

APPENDIX.

pearle ac lapidibiis prncciosis quibuscunquc alils lapicidinis silvis virgultis mossi!) mar'
I'csiis luciibus aquis piscutionibus tani in aqua salsa qunm rcccnti tam rcgaliiim piscium
quam uliorum venatione aucupatione commoditatibus ct hacrcditamcntis qiiibuscunque
Una cum plenario jure privilcfjio ct jurisdictionc libcrac rc<;alitatis capcllac et canccl-
lariae imperpetuum cuniquu donationu et patronatus jure ccclcsiaruni capellaniarum ct
bcneficiui'um cum tenentibus tcnandiiis ct libcre tcuentium scrvitiis carundem una
cum ofHciis justiciariae ct admiialitatis respective infra bondas respective supra nicntio-
nat Una cum potcstate civitates libcros burgos liberos portus villas et burgos baroniae
erigendi ct fora et nundinas infra bondas diet tcrrarum constituendi curias justiciariae
ct admiralitatis infra limites diet tcrrarum fluviorum portuum ct marium tenendi una
etiam cum potcstate imponendi levandi et recipiendi omnia tolonia custumas anchoragia
aliasque diet burgorum fororum nundinarum et liberorum portuum devorias et eisdem
possidendi et gaudendi adco libcre in omnibus respcctibus sieuti quivis baro major aut
minor in hoc regno nostro Scotiae gavisus est aut gauderc poterit quovis tempore prac-
terito vel futuro cum omnibus aliis praerogativis privilcgiis immunitatibus dignitatibus
casualitatibus proticuisetdcvoriis ad dictas terras maria ct bondas carundem spectan et
pertinen ct quae nos ipsi dare vel concedere possumus adco libera et ampla forma
sieuti nos aut aliquis nostrorum nobilium progenitorum aliquas cartas patcntes literas
infeofamenta donationes ant diplomata concesserunt cuivis subdito nostro cujuscunque
qualitatis aut gradus cuivis societati aut communitati tales colonias in quascunque partes
extraneas deducenti aut terras extraneas investiganti in adeo libera et ampla forma sicut
eadem in hae praesenti carta nostra insereretur Facimus etiam constituimus et ordinamus
dictum Dominum Willelmum Alexander haeredes sues aut assignatos vel eorum depu-
tatos nostros iiiEiiEDiTARios Locum tenentes generales ad reprcsentandum nostram
personam regalcm tam per mare quam per terram in rcgionibus maris oris ac finibus prae-
dict in pctendo diet terras quamdiu illic manserit ac redeundo ab eisdem ad gubernandum
regendum et puniendum omnes nostros subditos quos ad dictas terras ire aut easdem in-
habitare contigerit aut qui negotiationem cum eisdem suscipient vel in eisdem locis re-
manebunt ac eisdem ignoscendum et ad stabiliendum tales leges statuta constitutiones di-
rectiones instructioncs formas gubcrnandi etmagistratuum ceremonias infra dictas bondas
sicut ipsi Domino Willelmo Alexander aut ejus praedict ad gubernationem dictae regionis
et ejusdem incolarum in omnibus causis tam criminalibus quam civilibus visum fuerit
et easdem leges regimina formas et ceremonias alterandum et mutapdum quoties sibi
vel suis praedictis pro bono et commodo dictae regionis placuerit ita ut dictae leges tam
legibus liujus regni nostri Scotiae quam fieri possunt sint Concordes Volumus etiam
ut in casu rebellionis aut seditionis legibus utatur militaribus adversus delinquentes vel
imperio ipsius sese subtrahentes adeo libere sieuti aliquis locum tenens cujusvis regni
nostri vel dominii virtute officii locum tenentis habent vel habere possunt excludendo
omnes alios officiarios hujus regni nostri Scotiae terrestres vel maritimos qui in poste-
rum aliquid jurisclamei commoditatis authoritatis aut interesse in et ad diet terras aut

Al'l'I'NDlX.

ft5

and other precious stones whatsoever, stone quarries, woods, coppices, mosses, nmrshes,
lakes, waters, fisheries, as weii in salt water as in freslj, as well of royal fishes as ofothers,
chases, decoys, connnodities, and hereditaments whatsoever : Together with full power,
privilege, and jurisdiction of free regality of chapel and chancery, in perpetuity ; and
with right of donation, and patronage of churches, chapelries, and benefices, with the
tenants, tenandries, and services of free tenants, of the same, together with the oflices
of justiciary and admiralty respectively, within the boundaries respectively above men-
tioned : Together with power of erecting cities, free burghs, free ports, villas, and burghs
of barony, and of appointing fairs and markets, within the boundaries of the said lamis,
of holding courts of justiciary and admiralty, within the limits of the said lands, rivers,
ports, and seas, together also with power of imposing, levying, and receiving all tolls,
customs, anchorages, and other duties of the said burghs, fliiis, markets, and free ports ;
■ind of possessing and enjoying the same, as freely, in all respects, as any greater or
lesser Baron in this our kingdom of Scotland hath enjoyed, or shall be able to enjoy,
at any time, past or future, with all other prerogatives, privileges, inununities, digni-
ties, casualties, profits, and duties, belonging and pertaining to the said lands, seas,
and the boundaries of the same ; and which we ourselves have power to give or grant,
in form as free and ample, as wc, or any of our noble progenitors, have granted any
charters, letters- patent, infeftments, donations, or diplomas, to any one of our subjects,
of what quality or degree soever, to any company or community planting such colonies
in foreign parts whatsoever, or exploring foreign lands, in form as free and aniple as
if the same were inserted in this our present charter. We make also, constitute, and
ordain the said Sir William Alexander, his heirs or assigns, or their deputies, our
Hereditary Lieutenants-General, to represent our royal person, as well by sea as by
land, in the regions, sea-coasts, and boundaries aforesaid, in voyaging to the said
lands, so long as he shall tarry there, and in returning from the same ; to govern,
rule, and punish all our subjects who shall have chanced to go to the said lands, or
to be inhabiting the same, or who shall have entered into trade with the same,
or shall sojourn in the same places ; and to grant pardon to the same, and to esta-
blish such laws, statutes, constitutions, directions, instructions, forms of govern-
ment, and ceremonies of magistracies within the said boundaries, as to him. Sir
AVilliam Alexander, or his aforesaid, for the government of the said region, and the
inhabitants of the same, in all causes, as well criminal as civil, it shall seem meet j and
to alter and change the same laws, regulations, forms and ceremonies, as often as to
himself or to his aforesaid, for the good and advantage of the said region, shall be
pleasing ; so that the said laws be as consonant to the laws of this our kingdom of
Scotland as they can be made. We will, also, that in case of rebellion or sedition
he may use martial law against delinquents, or persons revolting from his command,
as freely as any Lieutenant of any of our kingdoms or lordships have, or can have, by
virtue of the office of Lieutenant, excluding all other officers of this our kingdom of
Scotland, as well of the land as of the seas, who hereafter may pretend any claim of
light, commodity, authority or interest, in and to the said lands, or the province afore-

t \

v^i

(illi:

i\ i'

APPENDIX.

provinciam praedict vel aliquam inibi jurisclictionem virtute alicujus praecedentis dispo-
sitionis aut diplomatis praetenderc possunt £t ut vii'is honesto loco natis sese ad ex-
peditionem istam subeundam et ad coloniae plantationem in dictis terris addatur nni*
mus nos pro nobis nostrisque haeredibus et successoribus cum avisamento et consensu
praedict virtute praesentis cartae nostrae damns et concedimus liberam et plenariam
potestatem praefato Domino Willelmo Alexander suisque praedict conferendi favores
privilegia munia et honores in demerentes cum plenaria potestate eisdem aut eorum
alicui quos cum ipso Domino Willelmo suisque praedict pactiones vel contractus facere
pro eisdem terris contigerit sub subscriptione sua vel suorum praedict et sigillo infra
mentionato aliquam portionem vel portiones dictarura terrarum portuum navium sta-
tionum fluviorum aut praemissorum alicujus partis disponendi et extradonandi erigendi
etiam omnium generum machinas artes facultates vel scientias aut easdem exercendi in
toto vel in parte sicuti ei pro bono ipsorum visum fuerit Dandi etiam concedendi et
attribuendi talia officia titulos jura et potestates constitucndi et designandi tales capi-
taneos oflSciarios balivos gubernatores clericos omnesque alios regalitatis baroniae et
burgi oificiarios aliosque ministros pro administratione justiciae infra bondas dictarum
terrarum aut in via dum terras istas per mare petunt et ab eisdem redeunt sicuti ei ne-
cessarium videbitur secundum qualitates conditiones et personarum merita quos in aliqua
coloniarum dictae provinciae aut aliqua ejusdem parte habitare contigerit aut qui ipso-
rum bona vel fortunas pro commodo et incremento ejusdem periculo committent et
eosdem ab officio removendi alterandi et mutandi prout ei suisque praescript expediens
videbitur Et cum hujusmodi conatus non sine magno labore et sumptibus fiunt mag-
namque pecuniae largitionem requirant adeo ut privati cujusvis fortunas excedant et
multorum suppetiis indigeant ob quam causam praefatus Dominus Willelmus Alexan-
der suique praescript cum diversis nostris subditis aliisque pro particularibus periclita-
tionibus et susceptionibus ibidem qui forte cum eo suisque haeredibus assignatis vel de-
putatis pro terris piscationibus mercimoniis aut populi transportatione cum ipsorum
pecoribus rebus et bonis versus dictam Novam Scotiam contractus inibunt volumus ut
quicunque tales contractus cum dicto Domino Willelmo suisque praescript sub ipsorum
subscriptionibus et sigiilis expedient liraitando assignando et affigendo diem et locum
pro personarum bonorum et rerum ad navem deliberatione sub poena et forisfactura
cujusdam monetae summae et eosdem contractus non perficient sed ipsum frustrabunt
et in itinere designato ei nocebunt quod non solum dicto domino Willelmo suisque
praedict prout esse praejudicio et nocumento verun; etiam nostrae tam laudabili inten-
tioni obstabit et detriu^.entum inferet tunc licitum erit praefato Domino Willelmo
Alexander suisque praedict vel eorum deputatis et conservatoribus inframentionatis in
eo casu sibi suisve praedict quos ad hunc effectum substituet omnes tales summas mo-
netae bona et res forisfactas per taliuni contractuum violationem assumere Quod ut
facilius fiac et legum prolixitas evitctur dedimus et concessimus tenoreque praesentis
cartae nostrae damns et concedimus plenariam licentiam libertatem et potestatem dicto
Domino Willelmo suisque haeredibus et assignatis praedict eligendi nominandi assig-

t
a
1

APPENDIX.

said, or any jurisdiction therein, by virtue of any former disposition or diploma : And
for encouragement of men of good birth to undertake that expedition, and the plant-
ing of a colony in the said lands, we, for ourselves, and our heirs and successors, with the
advice and consent aforesaid, by virtue of our present charter, give and grant free and
plenary power to the aforesaid Sir William Alexander, and his aforesaid, of conferring
favours, privileges, charges and honours upon the deserving ; with plenary power to
the same, or any of them, who shall chance to make covenants or contracts with Sir
William himself, and his aforesaid, for the same lands, under his signature, or the sig-
nature of his aforesaid, and the seal hereafter mentioned, of disposing and of subgrant-
ing any portion or portions of the said lands, ports, harbours, rivers, or of any part of the
premises ; also, of erecting machines, arts, fiiculties or sciences, or of exercising the
same in whole or in part, as to him for their good shall seem meet : Also, of giving
and granting, and attributing such offices, titles, rights and powers of appointing
and designating such captains, officers, bailiffs, governors, clerks and all other
officers of regality, barony and burgh, and other ministers for the administration
of justice within the boundaries of the said lands, or on the voyage while they are
sailing through the sea to those lands, and are returning from the same, as to him
shall seem needful, according to the qualities, conditions and merits of the persons
who shall happen to dwell in any of the colonies of the said province, or in any
part of the same, or who shall adventure their goods or fortunes for the advantage
of the same, and of removing from office, altering and changing the same, as shall
seem expedient to him and his aforesaid : And since enterprises of this kind are
not made without great labour and expense, and require great outlay of money, so that
they go beyond the fortunes of any private person, and have need of the succours of
many, by reason whereof the aforesaid Sir William Alexander, and his afore written,
will enter into contracts for particular adventures and undertakings to the said place,
with divers our subjects, and others who haply will (enter into contracts) with him
and his heirs, assigns or deputies, for lands, fisheries, merchandise or transport of peo-
ple, with their cattle, property and goods, toward the said Nova Scotia, we will, that
whosoever shall execute such contracts with the said Sir William, and his afore written,
under their signatures and seals, by limiting, assigning and fixing day and place for
delivery on ship board, of persons, goods and property, under penalty and forfeiture
of any sum of money, and shall not perform the same contracts, but shall disappoint
him and damage him in the intended voyage, which not only will be as prejudice and
damage to the said Sir William, and his aforesaid, but also will be an obstacle and <ie-
trimeut to our so laudable intention, then it shall be lawful to the aforesaid Sir William
Alexander, and his aforesaid, or their deputies and conservators under mentioned, in
that case, to take to himself or to his aforesaid, whom he shall substitute to this effect,
all such sums of money, goods and property, as forfeited by violation of such contracts :
For the more easy doing whereof, and that delay of law may be avoided, we have given
and granted, and, by the tenor of our present charter, do give and grant to the said
Sir William, and to his heirs and assigns foresaid, plenary licence, liberty and power
nominating, assigning and ordaining a conservator of the liberties and

of electing.

APPENDIX.

'■'t>

nandi ac ordinandi libertatum et privilcgiorum per praesentem banc nostram cartam
sibi suisque praedict concessorum conservatorem qui expeditae executioni leges et sta-
tuta per ipsum suosque praedict facta secundum potestatem ei suisque praedict per
dictam nostram cartam concessam demandabit volumusque et ordinamus potestatem
dicti conservatoris in omnibus actionibus et causis ad personas versus dictam planta.
tionem contrahentes spectantibus absolutam esse sine ulla appellatione aut procrastina-
tione quacunque quiquidem conservator possidebit et gaudebit omnia privilegia immu-
nitates libertates et dignitates quascunque quae quivis conservator Scoticorum privilc-
giorum apud extraneos vel in Gallia Flandria aut alibi hactenus possiderunt aut gavisi
sunt quovis tempore praeterito Et licet omnes tales contractus inter dictum Dominum
Willelmum suosque praedict et praedictos periclitatores per periclitationem et trans-
portationem populorum cum ipsorum bonis et rebus ad statutum diem perficientur et
ipsi cum suis omnibus pecoribus et bonis ad littus illiis provinciae animo coloniam du-
cendi et remanendi appellent et nihilominus postca vel omnino provinciam Novae
Scotiae et ejusdem confinia sine licentia dicti Domini Willelmi ejusque praedict vel
eorum deputatorum vel societatem et coloniam praedict ubi primum combinati et con-
juncti fuerant derelinquent et ad agrestes aborigines in locis remotis et desertis ad ha-
bitandum sese confei'ent quod tunc amittent et forisfacient omnes terras prius iis con-
cess omnia etiam bona infra omnes praedictas bondas et licitum erit praedicto Domino
Willelmo suisque praedict eadem fisco applicare et easdem terras recognoscere eadem-
que omnia ad ipsos vel eorum aliquem quovismodo spectantia possidere et suo peculiari
Usui suorumque praedict convertere Et ut omnes dilecti nostri subditi tam regnorum
nostrorum et dominiorum quam alii extranei quos ad dictas terras aut aliquam earun-
dem partem ad mercimonia contrahenda navigare contigerit melius sciant et obedientes
sint potestati et authoritati per nos in praedictum fidelem nostrum consiliarum Domi-
num Willelmum Alexander suosque praedict collatae in omnibus talibus commissioni-
bus warrantis et contractubus quos quovis tempore futuro faciet concedet et constituet
pro decentiori et validiori constitutione officiariorum pro gubernatione dictae coloniae
concessione terrarum et executione justiciae dictos inhabitantes pcriclitantes deputatos
factores vel assignatos tangen in aliqua dictarum terrarum parte vel in navigatione ad
easdem terras nos cum avisamento et consensu praedicto ordinamus quod dictus Do-
minus Willelmus Alexander suique praedict unum commune sigillum habebunt ad
officium Locum tenentis justiciariae et admiralitatis spectan quod per dictum Dominum
Willelmum Alexander suosque praedict vel per deputatos suos omni tempore futuro
custodietur in cujus uno latere nostra insignia insculpentur cum his verbis in ejusdem
circulo et margine Sigillum Regis Scotie Anglie Francie et Hybernie et in
altero latere imago nostra nostroruraquc successorum cum his verbis (Pro Nove Scotie
Locum tenente) cujus justum exemplar in manibus ac custodia dicti conservatoris re-
manebit quo prout occasio requiret in officio suo utatur Et cum maxime necessariuia
sit ut omnes dilecti nostri subditi quotquot dictam provinciam Novae Scotiae vel ejus
confinia incolent in timore Oranipotentis Dei et vero ejus cultu simul vivant omni
conamine intentus Christianam religionem inibi stabilire pacem etiam et quietem cum

yi.

APPENDIX.

privileges granted to him, and his aforesaid, by this our present charter, who shall carry
into expeditious execution the laws and statutes made by him, and his aforesaid, ac-
cording to the power granted to him, and his aforesaid, by our said charter j and will
and ordain that the power of the said conservator, in all actions and causes belonging
to persons contracting to the said plantation, be absolute, without any appeal or pro-
crastination whatsoever ; which conservator shall possess and enjoy all privileges, immu-
nities, liberties, and dignities whatsoever, which any conservator of Scottish privileges,
in foreign nations, either in France, Flanders, or elsewhere, hitherto have possessed or
enjoyed, in any time past : And although all such contracts between the said Sir Wil-
liam, and his aforesaid, and the aforesaid adventurers, shall be performed at the
appointed day, by adventure and transport of people, with their goods and property,
and they, with all their cattle and goods, shall arrive at the shore of that province, with
the intention of planting a colony, and remaining ; -uid, nevertheless, shall either en-
tirely desert the province of Nova Scotia, and the confines of the same, without licence
of the said Sir William, and his aforesaid, or their deputies, or the society and colony
aforesaid, wherewith they were rirst covnbinec' and conjoined, and shall betake them-
selves to the savage Aborigines, to dwell in remote and desert places, that then they
shall lose and forfeit all lands theretofore granted to them, and all goods within all the
aforesaid boundaiies ; and it shall be lawful to the aforesaid Sir William, and his afore-
said, to confiscate the same, and to recover the same lands, and to possess all the same
things which in any wise belong to them, or any of them, and to convert them to the
peculiar use of himself and his aforesaid : And that all of our beloved subjects, as well of
our kingdoms and dominions, as others, foreigners, who shall chance to navigate to the
said lands, or any part of the same, for bargain of merchandise, may better know and be
obedient to the power and .authority conferred by us upon our aforesaid faithful coun-
sellor. Sir William Alexander, and his aforesaid, in all such commissions, warrants,
and contracts, which at any future time he shall make, grant, and constitute, for the
more decent and valid appointment of officers for the government of the said colony,
granting of lands, and execution of justice, touching the said inhabitants, adventurers,
deputies, factors, or assigns, in any part of the aforesaid lands, or in navigation to the
same lands, we, with the advice and consent aforesaid, ordain, that the said Sir Wil-
liam Alexander, and his aforesaid, shall have one common seal belonging to the office
of Lieutenant of justiciary and admiralty, which shall be kept by the said Sir William
Alexander, and his aforesaid, or by his deputies, in all time to come, on one side
whereof our insignia shall be engraven with these words, in the circle and margin of
the same, Sigillum Regis Scotie Anglie Fuancie et Hybernie, and on the other
the effigy of ourselves and our successors, with these words, Puo Nove Scotie Locum
tenente, of which an exact copy shall remain in the hands and custody of the said
conservator, which he may use in his office, as occasion shall require : And since it is
most necessary that all our loving subjects, as many as shall inhabit the said pro-
vince of Nova Scotia, or its confines, may live together in the fear of Almighty God,
and the true worship of him, we, intent upon establishing the Christian religion therein,

H ^

■It

^^1

APPENDIX.

nativis incolis et agrestibus indigenis earum terrarum colere (unde ipsi et eorum quillbet
mercimonia ibi exercentes tuti cum oblectamento ea quae inagno cum labore et peri-
culo acquisiverunt quiete possidere possint) nos pro nobis nostrisque haeredibus et suc-
cessoribus volumus nobisque visum est per praesentis cartae nostrae tenorem dare et
concedere dicto Domino Willelmo Alexander suisque praedict et eorum deputatis vel
aliquibus aliis gubernatoribus officiariis et ministris quos ipsi constituent liberam et ab-
solutam potestatem tractandi et pacem aiiinitatem amicitiam et mutua colloquia ope-
ram et communicationem cum silvestris illis aboriginibus et eorum principibus vel qui-
buscunque aliis regimen et potestatem in ipsos habentibus contrahendi observandi et
alendi tales affinitates et colloquia quae ipsi vel sui praedict cum iis contrahent modo
foedera ilia ex adversa parte per ipsos silvestres fideliter observentur quod nisi fiat
arma contra ipsos sumendi quibus redigi possunt in ordinem sicuti dicto Willelmo
suisque praedict et deputatis pro honore obedientia et Dei servitio ac stabilimen-
to defensione et conservatione authoritatis nostrae inter ipsos expediens videbitur
Cum potestate etiam praedicto Domino Willelmo Alexander suisque praedict per
ipsos vel eorum deputatos substitutos vel assignatos pro ipsorum defensione et
tutela omni tempore et omnibus justis occasionibus in posterum aggrediendi ex
inopinato invadendi expellendi et armis repellendi tam per mare quam per terram
omnibus modis omnes et singulos qui sine speciali licentia dicti Domini Willelmi suo-
rumque praedict terras inhabitare aut mercaturam facere in dicta Novae Scotiae provincia
aut quavis ejusdem parte conabuntur et similiter omnes alios quoscunque qui aliquid
damni detrimenti destructionis laesionis vd invasionis contra provinciam illam aut
ejusdem incolas inferre praesumunt quod ut facilius fiat licitum erit dicto Domino
Willelmo suisque praedict eorum deputatis factoribus et assignatis contributiones a peri-
clitantibus et incolis ejusdem levare in unum cogere per proclamationes vel quovis alio
ordine talibus temporibus sicuti dicto Domino Willelmo suisque praedict expediens
videbitur omnes nostros subditos infra dictas limites dictae provinciae Novae Scotiae
inhabitantes et mercimonia ibidem exercentes convocare pro meliori exercituum neces-
sariorum supplemento et populi et plantationis diet terrarum augmentatione et incre-
mento Cum plenaria potestate privilegio et libertate diet Domino Willelmo Alexander
suisque praedict per ipsos vel eorum substitutos per quaevis maria sub nostris insigniis
et vexillis navigandi cum tot navibus tanti oneris et tam bene munitione viris et victua-
libus instructis sicuti possunt parare quovis tempore et quoties iis videbitur expediens
ac omnes cujuscunque qualitatis et gradus personas nostri subditi existentes aut qui
imperio nostro sese subdere ad iter illud suscipiendum voluerint cum ipsorum jumentis
equis bobus ovibus bonis et rebus omnibus munitionibus machinis majoribus armis et
instrumentis militaribus quotquot voluerint aliisque commoditatibus et rebus necessariia
pro usu ejusdem coloniae mutuo commercio cum nativis inhabitantibus earum provin-
ciarum aut aliis qui cum ipsis plantatoribus mercimonia contrahent transportandi et

. il

APPENDIX.

by every endeavour, and also upon cultivating peace and quiet with the native and
wild original inhabitants of those lands, (whence they and every of them following
merchandise there in safety may quietly possess, with enjoyment, those things which,
with great labour and peril they have acquired,) we, for ourselves and our heirs and
successors, do will, and it hath seemed good to us, by the tenor of our present charter,
to give and grant to the said Sir William Alexander and his aforesaid, and their de-
puties or any others, governors, officers and ministers, whom they shall appoint, free
and absolute power of treating and contracting peace, alliance, friendship and mutual
conferences, help and communication with those wild Aborigines and their chiefs, or
others whomsoever, having rule and power over them, of observing and cherishing such
alliances and conferences, which they or their aforesaid shall contract with them, provided
those compacts, on the other part, be faithfully observed by the savages themselves,
unless which be done, of taking up arms against them, whereby they may be reduced to
order : As to the said Sir William and his aforesaid, and deputies, for the honour, obe-
dience and service of God, and the establishment, defence and conservation of our au-
thority among them, shall seem expedient, with power also to the aforesaid Sir William
Alexander, and his aforesaid, by themselves or their deputies, substitutes or assigns,
for their defence and safeguard at all times, and on all just occasions hereafter, of
attacking by surprise, going against, expelling and repelling with arms, as well by sea
as by land, by all means, all and singular, those who, without special licence of the
said Sir William, and his aforesaid, shall essay to inhabit the lands, or to carry on
merchandise in the said province of Nova Scotia, or in any part of the same, and in
like manner all others who presume to bring any damage, detriment, destruction, hurt,
or invasion against that province, or the inhabitants of the same, that which may be
more easily done, it shall be lawful for the said Sir William, and his aforesaid, their
deputies, factors, and assigns, to levy contributions from the adventurers and inhabitants
of the same, to make collection by proclamations, or by any other order, at such times
as to the said Sir William, and his aforesaid, shall seem expedient, to convoke all our
subjects inhabiting within the said limits of the said province of Nova Scotia, and car-
rying on merchandise there, for the better supply of the necessary armies, and the
augmentation and increase of the people, and plantation of the said lands, with plenary
power, privilege, and liberty, to the said Sir William Alexander, and his aforesaid, by
themselves, or their substitutes, of navigating through any seas under our ensigns and
flags, with as many ships, of as great burden, and as well furnished with ammunition,
men, and victuals, as they can provide, at any tin.e, and as often as to them shall seem
expedient, and of transporting all persons, of whatever quality and degree, being our
subjects, or who shall choose to r^ubmit themselves to our authority for the undertaking
of that voyage, with their beasts of burden, horses, cattle, sheep, goods, and property,
and munitions, engines, heavy arms, and military instruments, as many as they shall
choose, and other commodities, and things necessary for the use of the said colony, in
mutual commerce with the native inhabitants of those provinces, or with others who
shall carry on merchandise with the planters themselves, and of importing thence all

\¥

}(•!

APPENDIX.

omnes commoditates et mercimonia quae iis videbuntur hecessaria in regnum nostrum
Scotiae sine alicujus taxationis custumae aut impositionis pro cisdem solutione nobis vel
nostris custuniariis aut coruin deputatis inde portandi cosdcmque ab eorum officiis in hac
parte pro spatio scpteni annorum diem datae pracsentis cartae nostrae immediate sequen
inliibendo quamqviidem solam commoditatem per spatium tredecim annorum in posterum
libere concessimus tenoreque praesentis cartae nostrae concedimus et disponimus dicto
Domino Willelmo suisque praedict secundum proportionem quinque pro centum postea
mentionat Et post tredecim illos annos finitos licitum erit nobis nostrisque successori*
bus ex omnibus bonis et mcrcimoniis quae ex hoc regno nostro Scotiae ad eandem pro-
vinciam vel ex ea provincia ad dictum regnum nostrum Scotiae exportabuntur vel im-
portabuntur in quibusvis hujus regni nostri portubus per dictum Willelmum suosque
praedict tantum quinque libras pro centum secundum antiquam negotiandi morem sine
ulla alia impositioue taxatione custuma vel devoria ab ipsis imperpetuum levare et exi-
gere quaequidem summa quinque librarum pro centum sic soluta per diet Dominum
Willelmum suosque praedict aliisque nostris officiariis ad hunc efFectum constitutis exinde
licitum erit dicto Domino Willelmo suisque praedict eadem bona de hoc regno nostro
Scotiae in quasvis alias partes vel regiones extraneas sine alicujus alterius custumae taxa-
tionis vel devoriae solutione nobis vel nostris haeredibus aut successoribus aut aliquibus
aliis transportare et avehere proviso tamen quod dicta bona infra spatium tredecim
mensium post ipsarum in quovis hujus regni nostri portu appulsionem navi rursus im-
ponantur Dan et conceden absolutam et plenariam potestatem dicto Domino Willelmo
suisque praedict ab omnibus nostris subditis qui colonias ducere mercimonia exercere
aut ad easdem terras Novae Scotiae et ab eisdem navigare voluerint praeter dictam sum-
mam nobis debitam pro bonis et mercimouiis quinque libras de centum vel ratione ex-
portationis ex hoc regno nostro Scotiae ad provinciam Novae Scotiae vel importationis a
dicta provincia ad regnum hoc nostrum Scotiae praedict in ipsius ejusque praedict proprios
usus sumendi levandi et recipiendi et similiter de omnibus bonis et mcrcimoniis quae
per nostros subditos coloniarum ductores negotiatores et navigatores de dicta provincia
Novae Scotiae ad quaevis nostra dominia aut alia quaevis loca exportabuntur vel a nostris
regnis et aliis locis ad dictam Novam Scotiam importabuntur ultra et supra dictam sum-
mam nobis destinatam quinque libras de centum £t de bonis et mcrcimoniis omnium
extraneorum aliorumque sub nostra obedientia minime existentium quae vel de provincia
Novae Scotiae exportabuntur vel ad eandem importabuntur ultra et supra diet summam
nobis destinatam decem libras de centum dicti Domini Willelmi suorumque praedict
propriis usibus per tales ministros. officiarios vel substitutes eorumve deputatos aut
factores quos ipsi ad hunc efFectum constituent et designabunt levandi sumendi ac reci-
piendi Et pro meliori dicti Domini Willelmi suorumque praedict aliorumque omnium
nostrorum dilectorum subditorum qui dictam Novam Scotiam inhabitare vel ibidem
mercimonia exercere voluerint securitate et commoditate et generaliter omnium aliorum
qui nostrae authoritati et potestati sese subdere non gravabuntur nobis visum est vo-
lumusque quod licitum erit dicto Domino Willelmo suisque praedictis unum aut plura

. )'

APPENDIX.

(13

commodities, and merchandise, whicli to them shall seem necessary, into our kingdom
of Scotland, without payment of any tax, customs, or imposts for the same, to us, or
our receivers of customs, or their deputies, and inhibiting them from their offices on this
part, for the space of seven years, immediately following the day of the date of our
present charter, which sole advantage we have freely granted, and, by the tenor of our
present charter, do freely grant and dispose, for the space of thirteen years hereafter, to
the said Sir William, and his aforesaid, according to the proportion of five per cent,
after mentioned : And after those thirteen years ended, it shall be lawful to us and our
successors, out of all goods and merchandise, which out of this our kingdom of Scot-
land, to the same province, or out of that province to our said kingdom of Scotland,
shall be exported or imported by the said Sir William, and his aforesaid, in any ports
of this our kingdom, to levy and demand from them for ever five pounds per cent, only,
according to the ancient manner of trading, without any other impost, tax, custom, or
duty ; which sum of five pounds per cent, being so paid by the said Sir William, and
his aforesaid, and others our officers to this effect, appointed thenceforth, it shall be
lawful to the said Sir William, and his aforesaid, to transport and carry the same goods
from this our kingdom of Scotland, into any other foreign parts or regions, without
payment of any other custom, tax, or duty, to us, or our heirs or successors, or to any
other persons ; provided, however, that the said goods shall be again shipped within
the space of thirteen months after their arrival in any port of this our kingdom :
Giving and granting absolute and plenary power to the said Sir William, and his afore-
said, of taking, levying, and receiving from all our subjects, who shall choose to plant
colonies to carry on merchandise, or to navigate to the same lands of Nova Scotia, and
from the same, beside the said sum due to us for goods and merchandise, five pounds
out of the hundred, either on account of export from this our kingdom of Scotland to
the province of Nova Scotia, or import from the said province to this our kingdom of
Scotland aforesaid, for the proper use of himself, and his aforesaid ; and in like manner
with regard to all goods and merchandise, which shall be exported by our subjects,
planters of colonies, traders, and navigators from the said province of Nova Scotia, to
any our dominions, or any other places, or shall be imported from our kingdoms and
other places to the said Nova Scotia, over and above the said sum of five pounds out of
the hundred, destined for us j and of levying, taking, and receiving from the goods
and merchandise of all foreigners and others, not being under obedience to us, which
either shall be exported from the province of Nova Scotia, or shall be imported to the
same, over and above the said sum destined for us, ten pounds out of the hundred, for
the proper use of the said Sir William, and his aforesaid, by such ministers, officers, or
their substitutes, or deputies, or factors, as they shall appoint and designate to this
effect. And for the better security and convenience of the said Sir William, and his
aforesaid, and of all others our beloved subjects, who shall choose to inhabit the said
Nova Scotia, or to carry on merchandise there, and generally of all others who shall not
be reluctant to submit themselves to our authority and power, it hath seemed meet to
us, and we will that it shall be lawful to the said Sir William, and his aforesaid, to

iii

^■\

APPENDIX.

munimina propujgnacnla castella loca fortia specula armamentaria lie hlokhonssis alia-
que acdificia cum portubus et navium stationibus aedificarc vcl acdificari causare una
cum navibus bcllicis casdcm(|uc pro dcfensionc diet loeorum applieare sieut dieto Do-
mino Willelmo suisque pracdict pro dicto conaminc pcrticicndo necessarium vidcbitur
proque ipsorum defensione militum catcrvas ibidem stabilire practer praedicta supra-
mcntionata et generalitcr omnia facere quae pro conquaestu augmentatione populi in-
habitatione preservatione et gubernatione dictae Novae Scotiae cjusdemque orarum et
territorii infra omnes hujusmodi limites pertinentias et dependentias sub nostro nomine
et authoritate quodcunque nos si personaliter essemus praesentes facere potuimus licet
casus specialcm et strictum magis ordinem quam per praesentes praescribitur requirat
cui mandato volumus et ordinamus strictissimeque praecipimus omnibus nostris justici-
ariis officiariis et subditis ad loca ilia sese conferentibus ut sese applicent dictoque Do-
mino Willelmo suisque praedictis in omnibus et singulis supra mentionatis earum sub-
stantiis et circumstantiis intendant et obediant eisque in earum executione in omnibus
adeo sint obedientes ut nobis cujus personam representat esse deberent sub poena dis-
obedientiae et rebellionis Et quia fieri potest quod quidam ad dicta loca transportandi
refractarii sint et ad eadem loca ire recusabunt aut dicto Domino Willelmo suisque prae-
dict resistent nobis igitur placet quod omnes vicecomites senescalli regalitatum balivi
pacis justiciarii praepositi et urbium balivi eorumque ofBciarii ct justiciae ministri qui-
cunque dictum Dominum Willelmum suosque deputatos aliosque praedict in omnibus et
singulis Icgitimis rebus et factis quas f'acient aut intendent ad effectum praedict similiter
et eodem modo sicuti nostrum speciale warrantum ad hunc effectum haberent assistent
fortisficient et eisdem suppetias ferant Declaramus insuper per praesentis cartae nostrae
tenorem omnibus Christianis regibus principibus et statibus quod si aliquis vel aliqui qui
in posterum de dictis coloniis vel de earum aliqua sit in dicta provincia Novae Scotiae
vel aliqui alii sub eorum licentia vel mandato quovis tempore futuro piraticam exercentes
per mare vel terram bona alicujus abstulerint vel aliquod injustum vel indebitum hosti-
liter contra aliquos nostros nostrorumve haeredum et successorum aut aliorum regum
principum gubernatorum aut statuum in foedere nobiscum existen subditos quod tali
injuria sic oblata aut justa querela desuper mota per aliquem regem principem guberna-
torem statum vel eorum subditos praedict nos nostri haeredes et successores publicas
proclamationes fieri curabimus in aliqua parte dicti regni nostri Scotiae ad hunc effectum
magis commoda ut diet pirata vel piratae qui tales rapinas committent state tempore per
praefatas proclamationes limitando plenarie restituant quaecunque bona sic ablata et pro
dictis injuriis omnimodo satisf'aciant ita ut dicti principes aliique sic conquaerentes satis-
factos se esse reputent et quod si talia facinora committent bona ablata non restituent
aut restitui faciant infra limitatum tempus quod tunc in posterum sub nostra protectione
et tutela minime erunt et quod licitum erit omnibus principibus aliisque praedict delin-

Al'PEXDIX.

(i5

build, or to cause to be built, one or more strong holds, fortrossi's, castles, forts, towers,
depots of arms, lie hlokhonsis, and other edifices, with ports iind hurhours, toj^ethcr with
ships of war, and to apply the same for the defence of the, said places, as to the said
Sir William, and his aforesaid, shall seem necessary for performing the said enterprise,
and for their defence to establish regiments of soldiers there, beside the afore-
said things above mentioned, and generally to do all things which for the con-
quest, augmentation, inhabitation, preservation, and government of the people of the
same Nova Scotia, and of the coasts and territory of the same, within all the li-
mits, appurtenances, and dependencies of the same, under our name and authority
whatsoever, we, if we were personally present, could have done, although the case may
require special and more strict ordering, than such as is pp'scribed by these presents ;
to which mandate we will, and ordain, and strictly enjoin all our justiciaries, officers,
and subjects, betaking themselves to those places, that they apply themselves, and at-
tend upon, and obey the said Sir William, and his aforesaid, in all and singular the
things above mentioned, with their substances and circumstances, and be as obedient to
them in the execution thereof, as they ought to be to us, whose person he represents,
under pain of disobedience and rebellion : And because it may be, that some to be
transported to the said places may be refractory, and will refuse to go to the same places,
or will resist the said Sir William, aird his aforesaid, it is, therefore, our pleasure, that
all sheriffs, seneschals, bailiff's of regalities, justices of the peace, mayors, and bailiffs of
towns, and their officers, and ministers of justice whosoever, shall assist, reinforce the
said Sir William, and his deputies, and others aforesaid, in all and singular the lawful
things and acts which they shall do, or intend to the foresaid effect, in like method, and
in the same manner as if they had our special warrant to this effect, and shall bring sup-
plies to the same. We declare, moreover, by the tenor of our present charter, to all
Christian Kings, Princes, and States, that if any person or persons, who in time to come
shall be of the said colonies, or of any of them, in the said province of Nova Scotia, or
any other persons under their licence and command, at any future time carrying on
piracy, or any thing unjust or undue, hostilely against any persons, being the subjects
of ourselves, or of our heirs and successors, or of other Kings, Princes, Governors, or
States in alliance with us, shall carry off" the goods of any person by sea or land, that
upon such injury so committed, or just complaint thereupon, moved by any King, Prince,
Governor, State, or their subjects aforesaid, we, our heirs and successors, will take care
that public proclamation be made in some part of our said kingdom of Scotland, most
convenient for this effect, that the said pirate or pirates, who shall commit such plunder-
ings, at a fixed time, to be limited by the aforesaid proclamations, may plenarily restore
the goods whatsoever so taken away, and in every way give satisfaction for the said in-
juries, so that the said princes, and others, so complaining, shall admit themselves to be
satisfied, and that, if committing such crimes, they shall not restore, or cause to be re-
stored, the goods carried off' within the time limited, that then, for the future, they shall
in no wise be under our protection and safeguard, and that it shall be lawful to all
princes, and others aforesaid, hostilely to pursue and go against those delinquents :

■m

APPENDIX.

}

qiicntcs eos hostilitci* prosequi ct invaderc £t licet ncminem nobilcm aut gcncrosum dc
pntriu hue sine liceiitia nostra decederc stututum sit nihilominus volumus quod pracsens
hoc diploma suilicicns erit liccntia et warrantuni omnibus qui se huic itineri committent
(|iii laesacmajestatis nun sunt rei vcl aiiquo alio spcciali mandate inhibiti atquc etiam per
l)raesentis cartac nostrae tenorem declaramus volumusque quod nemo patria hac dece-
(lere permittatur versus dictam Novam Scotiam nuUo tempore nisi ii qui juramentum
supremitatis nostrae primum susceperint ad quern efFectum nos per praesentes dicto
Domino Willelmo suisque praedict vcl eorum conservator! vcl deputatis idem hoc
juramentum omnibus personis versus illas terras in ea colonia sese conferentibus
requirere et exhibere plenariam potestatem et authoritatem damns et concedimus
Praeterea nos cum avisamento et consensu antedict pro nobis et successoribus nos-
tris declaramus deccrnimus et ordinamus quod omnes nostri subditi qui ad dictam
Novam Scotiam proficiscentur aut eam incolent eorumque omnes liberi et posteritas
qui ibi nasci contigerit aliique omnes ibidem pcriclitantes habebunt et possidebunt
omnes libertatcs immunitates et privilegia liberorum et naturalium subditorum regni
nostri Scotiae aut aliorum nostrorum dominiorum sicuti ibidem nati fuissent Insuper nos
pro nobis et successoribus nostris damus et concedimus dicto Domino Willelmo Alex-
ander suisque praedict liberam potestatem stabiliendi et cudere causandi monetam pro
commercio liberiori inhabitantium dictae provinciae cujusvis metalli quo modo et qua
forma voluerint et eisdem praescribent Atque etiam si quae questiones aut dubia super
interpretatione aut constructione alicujus clausulae in hac praesenti carta nostra conten-
tae occurrent ea omnia sumentur et interpretabuntur in amplissima forma et in favorem
dicti Domini Willelmi suorumque praedict Praeterea nos ex nostra certa scientia pro-
prio motu authoritate regal i et poteslate regia fecimus univimus annexavimus ereximus
creavimus et incorporavimus tenoreque praesentis cartae nostrae facimus unimus annexa-
mus erigimus creamus et incorporamus totam integram dictam provinciam et terras
Novae Scotiae cum omnibus earundem limitibus et maribus ac mineralibus auri et ar-
genti plumbi cupri chalibis stanni aeris ferri aliisque quibuscunque fodinis margaritis
lapidibus praeciosis lapicidinis silvis virgultis mossis marresiis lacubus aquis piscationibus
tam in aquis dulcibus quam salsis tarn regalium piscium quam aliorum civitatibus liberis
portubus liberis burgis urbibus baroniae burgis maris portubus anchoragiis machinis mo-
lendinis ofiiciis et jurisdictionibus omnibusque aliis generaliter et particulariter supra
mentionatis in unum integrum et liberum Dominium et Baroniam per praedict nomen
Novae Scotiae omni tempore aiFuturo appellandum Volumusque et concedimus ac pro
nobis et successoribus nostris decernimus et ordinamus quod unica sasina nunc per dictum
Dominum Willelmum suosque praedict omni tempore afFuturo super aliqua parte fundi
diet terrarum et provincia praescript stabit et sufficiens erit sasina pro tota regione cum
omnibus partibus pendiculis privilegiis casualitatibus libertatibus et immunitatibus ejus-
dem supramentionatis absque aliqua alia speciali et particuliari sasina per ipsum suosve
praedict apud aliquam aliam partem vel ejusdem locum capienda penes quam sasinam
omniaque quae inde secuta sunt aut sequi possunt nos cum avisamento et consensu supra

i^. I

Al'l'KXDIX.

'»/

And although there he a statute ihut no nobleman or gentleman depart from this
country without our licence, nevertheless, we will that this present diploma shall be a
sufficient licence and warrant to all who shall undertake this voyage, who are not guilty
of treason, or inhibited by some other special mandate : And also we declare and will,
by the tenor of our present charter, that no person may be permitted to depart from
this his country, for the said Nova Scotia, at any time, except those who shall first have
taken the oath of our supremacy, to which effect we, by these presents, do give and
grant to the said Sir William, and to his aforesaid, or their conservator or deputies,
plenary power and authority to require and administer this same oath from all persons
betaking themselves to those lands in that colony : Moreover, we, with the advice and
consent aforesaid, for ouiselves and our successors, declare, decree, and ordain, that all
our subjects who shall proceed to the said Nova Scotia, or shall inhabit it, ami all their
children and posterity who shall chance to be born there, and all others adventuring
thither, shall have and possess all liberties, immunities and privileges, of free and na-
tural subjects of our kingdom of Scotland, or of other our dominions, as if they had
been born therein : Moreover, we, for ourselves and our successors, do give and grant
to the said Sir William Alexander, and his aforesaid, free power of establishing, and
causing to be coined, money, for the more free commerce of the inhabitants of the said
province, of any metal, in what manner and in what form they shall, will and prescribe
for the same : And also, if any questions or doubts upon the interpretation or construc-
tion of any clause contained in this our present charter shall occur, they shall all be taken
and interpreted in the most ample form, and in favour of the said Sir William, and his
aforesaid : Moreover, we, of our certain knowledge, proper motive, regal authority and
royal power, have made, united, annexed, erected, created and incorporated, and, by
the tenor of our present charter, do make, unite, annex, erect, create and incorporate,
whole and entire, the said province and lands of Nova Scotia, with all the limits and
seas of the same, as well as minerals of gold and silver, lead, copper, steel, tin, brass,
iron, and other mines whatsoever, margarites, precious stones, stone-quarries, woods,
coppices, mosses, marshes, lakes, waters, fisheries, as well in fresh waters as in salt, as
well of royal fishes as of others, cities, free ports, free burghs, towns, burghs of barony,
sea ports, anchorages, machines, mills, offices and jurisdictions, and all other things ge-
nerally and particularly above mentioned, into one entire and free lordship and barony,
to be called by the aforesaid name of Nova Scotia, in all time to come : And we will,
and grant, and, for ourselves and our successors, do decree and ordain, that one seisin,
at this time, by the said Sir William, and his aforesaid, upon any part of the soil of the
said lands and province above written, shall, in all time to come, stand, and be a suffi-
cient seisin for the whole region, with all parts, appendages, privileges, casualties, liber-
ties and immunities above mentioned, of the same, without any other special and parti-
cular seisin, to be taken by him, or his aforesaid, on any other part or place of the
same ; concerning which seisin, and all things which have ensued thereupon, or can
ensue, we, with the advice and consent above expressed, for ourselves and our succes-

1 'I

APi'KN'DIX.

oxprcsso pro nobis ct succcssoribus tiostris dispctisuvlimis tenoreqiic praescntis cnrliJi'
iiostrac niodo su!)tii.s meiitioiiat (lispcusaimis in peipctiium Tknkn t't Haiikn tolimi et
iiitcj^nim (lic'tiim ii'^^ioiicin I't (lominiuin Novae Scotiae cum omnibus ijusdcm limilibus
iniVu prnudicta maiia niincralibus auii i>t ai'<^cnti cupri cbalibis staiini plumbi aeris i'cni
aiiis<]uu (juihuscui)(|uu fbdiuis niar<rai'itis lapidibus praeciosis lapicidinis .silvis virguitis
mos»is mancsiis lacubus a(iuis piscationibus tarn in atpiis dulcibus (piam salsis tarn rcga-
Hum piscium (puim aliorum (ivitatibus libcris burgis liberis ])oi-tubus urbibus buroniau
bui'jris maris portubus ancliora^^iis machinis molendinis oHiciis ct jurisdictionibus omni-
busque aliis i^uncralitcr et particuhniter supra mcntiouat cumquu omnibus aliis privilc-
^iis libcrtatibus immuuitatibus casuabtatibus aliisquu supra cxpressis pracf'ato Domino
Willelmo Alexander liaeredibus suis et assignatis de nobis nostris(pic succcssoribus in
f'eodo baerediUite libero dominio libera baronia ct regalitate iniperpctuum per omnes rectas
nietas ct limites suas ])rout jacent in longitudinu ct latitudinc in domibus acdificiis acdi-
licatis et aedidcandis boscis ])lanis moris marrcsiis viis scmitis aquis stagnis rivolis pratis
et paseuis mulendinis multuris et corum sequelis aucupationibus vcnationibus piscationi-
bus petariis turbariis carbonibus carbonariis cuuiculis cuniculariis cohimbis cohnnbariis fa-
briiibus brasinis brucriis et gcnistis silvis nemoribus et virgultis lignis tignis lapicidiis lapi-
du et calcc cum curiis bludewitis placitis liaerezcldis f'urca fossa sok sac tbole theme infung-
theifroutfangtbeifr wrak wair vetb vert vennesoun pitt et gallows r.c cum omnibus aliis et
singulis libcrtatibus commoditatibus proHcuisasiamentis ac justis suis pertincntiis quibus-
cunquc tam non nominatquam nominat tarn subtus terra (piam supra terram procul ct prope
ad pracdict regioncm et dominium spcctan seu juste spcctarc valcn quomodolibct in futu-
rum libcre quietc plcnaric integre bonoriflcc bene et in pace absque ulla rcvocatione contia-
dictionc impcdimento aut obstaculoquocunque Solvcndo inde annuatim dictus Dominus
W'illelmus Alexander suiquc pracdict nobis nostrisque hacredibus ct succcssoribus unum
dcnarium monetae Scotiae super f'undum diet terrarum ct provlnciae Novae Scotiae ad fes-
tum Nativitatis Christi nomine albae firmae si petatur tantum Et quia tentione diet terra-
rum et provinciae Novae Scotiae et alba firma supradict deficiente tempestivo et legitimo
introitu cujusvis baeredis vcl haeredum dicti Domini Willelmi sibi succeden quod ditficul-
ter per ipsos praestari jiotest ob longinquam distantiam ab hoc regno nostro caedem
tcrrao et provincia ratione non-introitus in manibus nostris nostrorumve succcssorum
devenient usque ad legitimum Icgitimi haercdis introitum et nos nolentes dictas terras
ct regioncm quovis tempore in non-introitu cadere neque dictum Dominum Willelmum
suosque pracdict bcnciiciis ct proficuis cjusdcm cateuus frustrari idcirco nos cum avisa-
mento pracdict cum dicto non-introitu quandocunque contigcrit dispensavimus tenoreqnc
ejusdem cartae nostrae pro nobis et succcssoribus nostris dispensamus ac ctiam renun-
ciavimus et exoneravimus tenoreque praesentis cartae nostrae cum consensu praedicto
renunciamus ct exoneramus dictum Dominum Willelmum ejusque pracscript praefatum
non-introitum dictac provinciae et regionis quandocunque in manibus nostris devenict

Al'lT.NDIX.

Rors, liavo dispensed, and, by i' n tenor of o\ir |)jesent chaitor, in manner nnd'T men-
tioned, do dispense lor ever ; Id hold, and to Iiavi-, wlicde and entiie, the said ri';^ion
and h)rdship of Nova Scotia, witli all the limits of the same, within the aforesaid seas,
minerals of jjold and silver, copper, steel, tin, lead, brass and iron, and other mines
whatsoever ; marj^arites, precious stone-stones, (piarries, woods, coppices, mosses,
marshes, lakes, waters, fisheries, as well in fresh waters as in salt, as well of royal lishcs
as ot' others, cities, free burghs, free ports, towns, l)ur<;hs of barony, sea ports, anchor-
ages, machines, mills, oflices and jurisdictions, and all other things, generally and par-
ticularly above mentioned ; and with all other privileges, liberties, innuiniities and
casualties, and other things above expressed, to the aforesaid Sir William Alexander,
liis heirs and assigns, of us and our successors, in free iidieritance, free lordship, free
barony and regality, for ever, through all their just boundaries and limits, as they lie in
length and breadth, in houses, edifices, built and to be built, boscages, plains, nmors,
marshes, highways, paths, waters, pools, rivulets, meadows and pastures, mills, mul-
tures, and their secpiels, hawkings, huntings, fisheries, peat mosses, turf bogs, coals,
coal-pits, coneys, warrens, doves, dove-cotes, workshops, maltkins, breweries, and
broom, woods, groves and coppices, buried wood, timber, stone-quarries, stone and
lime, with courts, fines, pleas, lieriots, unlaws, and raids of women, with free ingress
and egress, and with fork, foss, soh, sac, toll, theme, infangtheilf, outlangtheiff, wrak,
weir, veth, forestry, venison, pit and gallows ; a:id with all other and singular the
liberties, commodities, profits, easements, and their rightful appurtenances whatsoever,
as well not named as named, as well beneath the earth as above the earth, far and
near, belonging, or which can in any wise justly belong, to the aforesaid region and
lordship, for the future, freely, quietly, plenarily, entirely, honourably, well, and
in peace, without any revocation, contradiction, inipedimenc or obstacle whatsoever :
The said Sir "William Alexander, and his aforesaid, paying yearly thereout to us,
and to our heirs and successors, one pemiy of Scottish money upon the soil of the
said lands and province of Nova Scotia, at the festival of tlic Nativity of Cluist, under
the name of quit rent only, if it be demanded : And because, by the tenure of the said
lands and province of Nova Scotia, and by tlie aforesaid quit rent, in default of timely
and lawful entry of any heir or heirs of the said Sir William, succeeding to him, which
may with difficulty be performed by them, on account of the far distance from this
our kingdom, the same lands and province, by reason of non-entry, will come into
the hands of us or our successors, until the lawful entry of the lawful heir : And we
being unwilling that the said lands and region should at any time fall into non-entry,
or that the said Sir William, and his aforesaid, should be so far deprived of the benefits
and profits of the same, therefore we, with the advice aforesaid, have dispensed with the
said non-entry, whensoever it sliall have occurred j and by the tenor of the same, our
charter, for ourselves and our successors, do dispense, and also have renounced and exo-
nerated, and, by the tenor of our present charter, with the consent aforesaid, do renounce
and exonerate the said Sir William, and his aforesaid, the aforesaid non-entry of the

Mil

\i'

APPENDIX.

I!:i

,1) •

'1,

•I f

: II

aut ratione non-introitus cadet cum omnibus quae desuper sequi possunt proviso tamen
quod dictus Dorainus Willelmus suique haeredes et assignati infra spatium septem an-
norum post decessum et obitum suorum praedecessorum aut introitum ad possessionem
diet terrarum aliorumque praedict per ipsos vel eorum legitimes procuratores ad hunc
effectum potestatem habentes nobis nostrisque successoribus homagium faciant et dictas
terras dominium et baroniam aliaque praedict adeant et per nos recipiantur secundum
leges et statuta dicti rejni nostri Scotiae Denique nos pro nobis et successoribus nostris
volumus decernimus et ordinamus praesentem banc nostram cartam et infeofamentum
supra script praedict terrarum doniinii et regionis Novae Scotiae privilegia et libertates
ejusdem in proximo nostro Parliamenta dicti regni nostri Scotiae cum contigerit ratili-
cari approbari et confirmari ut vim et efficaciam decreti inibi habeat penes quod nos pro
nobis et successoribus nostris declaramus banc nostram cartam sufficiens fore warrantum
et in verbo Principis eandem ibi ratificari et approbari promittimus atque etiam alterare
renovare et eandem in amplissima forma augere et extendere quoties dicto Domino
Willelmo ejusque praedict necessarium et expediens videbitur Insuper nobis visum est
ac mandamus et praecipimus dilectis nostris

Vicecomitibus nostris in bac parte specialiter constitutis quatenus post hujus cartae nos-
trae nostro sub magno sigillo aspectum statum et sasinam actualem et realem praefato
Domino Willelmo suisque praedict eorumve actornato vel actornatis terrarum dominii
baroniae aliorumque praedict cum omnibus privilegiis immunitatibus libertatibus aliisque
supra expressis dare ct concedere quam sasinam nos per praesentis cartae nostrae teno-
rem adeo legitimam et ordinariam esse declaramus ac si praeceptum sub testimonio nos-
tri magni sigilli in amplissima forma cum omnibus clausulis requisitis ad hunc effectum
praedict haberet penes quod nos pro nobis et successoribus nostris imperpetuum dispen-
samus In ciijus rei testimonium huic praesenti cartae nostrae magnum sigillum nostrum
apponi praecepimus testibus praedilectis nostris consanguineis et consiliariis Jacobo
Marchione de Hamiltoun comite Aranie et Cambridge domino Aven et Innerdaill
Georgio Mariscali comite domino Keith &c. regni nostri raariscallo Alexandre comite
de Dumfermeling domino Fyvie et Urquhart &c. nostro cancellario Thoma comite de
Melros domino Bynning et Byres nostro secretario dilectis nostris familiaribus consilia-
riis dominis Ricardo Cokburne juniore de Clerkingtoun nostri secreti sigilli custode
Georgio Hay de Kinfawins nostrorum ro*^ulorum registri ac consilii clerico Joanne
Cokburne de Ormestoun nostrae justiciariae clerico et Joanne Scott de Scottistarvet
nostrae cancellariae directore militibus Apud castellum nostrum de Windsore decimo
die mensis Septembris anno Domini millesimo sexcentesimo vigesimo primo regnorum-
(jue nostrorum annis quinquagesimo quinto et decimo nono respective.

APPENDIX.

said province and region, whensoever it shall come into our hands, or fall, by reason of
non-entry, with all things which can ensue therefrom, provided, however, that the said
Sir William, and his heirs and assigns, within the space of seven years after the decease
and death of their predecessors, or entry into possession of the said lands, and other
things aforesaid, by themselves, or their lawful procurators, to this efiect empowered,
do homage to us and our successors, and come and receive, through us, the said lands,
lordship and barony, and other things aforesaid, according to the laws and statutes of
our said kingdom of Scotland : Finally, we, for ourselves and our successors, do will,
decree and ordain, that this our present charter and infeftment above written, of the
aforesaid lands, lordship and region of Nova Scotia, the privileges and liberties of the
same, shall be ratified, approved and confirmed in our next Parliament of our said king-
dom of Scotland, when it shall happen, that it may therein have the force and efficacy
of a decree ; with regard whereto, we, for ourselves and our successors, declare, that
this our charter shall be a sufficient warrant ; and, on the word of a Prince, we promise
that the same shall be there ratified and approved, and also to alter, renew, and to aug-
ment and extend the same, in the most ample form, as often as to the said Sir William,
and his aforesaid, shall seem necessary and expedient : Moreover, it hath seemed good
to us, and we command and enjoin our beloved

Our sheriffs, on this part specially con-
stituted, in so far as to give and grant, after sight of this our charter under the Great
Seal, possession and seisin, actual and real, to the aforesaid Sir Will 'am, and his afore-
said, or their attorney or attorneys, of the lands, lordship, barony and other things afore-
said, with all privileges, immunities, liberties, and other things above expressed ; which
seisin, we, by the tenor of our present charter, declare to be as lawful and orderly,
as if he had a precept under witness of our Great Seal, in the most ample form, with all
the clauses requisite for this effect aforesaid, with regard to which, we, for ourselves and
our successors, do for ever dispense. In witness whereof, we have commanded our
Great Seal to be affixed to this our present charter ; witnesses, our right well-beloved
cousins and councillors, James, Marquis of Hamilton, Earl of Aran and Cambridge,
Lord Aven and Innerdaill ; George, Earl Marischal, Lord Keith, &c. Marshal of our
kingdom ; Alexander, Earl of Dumfermeling, Lord Fyvic and Ur(iuhart, &c. our Chan-
cellor ; Thomas, Earl of Melros, Lord Bynning and J3yres, our Secretary ; our beloved
familiar councillors, Sirs Richard Cokburne, the younger, of Clerkingtoun, our Keeper
of the Privy Seal ; George Hay of Kinfawins, our Register of the Rolls and Clerk of
the Council ; John Cokburne of Ormestoun, Clerk of our Justiciary ; and John Scott
of Scottistarvet, our Director of the Chancery, Baronets ; At our castle of Windsor,
the 10th day of September, anno Domini lG21, and of our reigns the fifty-fifth and
nineteenth years respectively.

APPENDIX.

Per Signaturam tnanu S. D. N. Regis suprascriptam manibusque nostri Cancel-
larii Thesaurarii Principalis Secretarii reliquorumq Dominorum nostrorum
Commissionariornm ac Secreti nostri Consilii dicti Regni Scotiae subscript.

Writtin to the Great Seall,
29. Septemb. 1621.

J. Scott, -

gratis.
Sigellat. Edinburgi,
29. Septemb. 1621,
Ja. Raithe,

t ■(

APPENDIX.

By Signature by the hand of our Sovereign Lord the King, superscribed and
by the hand, of on, Chancellor, Treasurer, Prineipal Se ret ry. a doVtle

dl „^s ;, Z ^rTT"^' ""■' °f ""■ P")' Council of IL said ki ,t
dom of Scotland, subscribed. "

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

I.:

'! '

t.\

APPENDIX.

No. II.

Charter of Novodamns in favour of Sir William Alexander of 3Ienstrie, Knight,
of the Lands, Lordship and Baroiij/ of Nova Scotia, in America.

Cauolus Dei gratia Magnao Britanniae Franciac et Iliberniae Rex Fideique Defensor
Omnibus probis hominibus totius terrae suae clericis et laicis salutem Sciatis nos semper
ad quamlibet quae ad decus et emolumentum regni nostri Scotiae spectaret occasionem
araplectandum fuisse intentos nullamque aut f'aciliorem aut magis innoxiam acquisitionem
censere quam quae in cxteris et incultis regnis ubi vitae et victui suppetunt commoda
novis deducendis coloniis facta sit praesertim si vel ipsa regna cultoribus prius vacua vel
ab infidelibus quos ad Christianam converti (idem ad Dei gloriam interest plurimum in-
sessa fuerunt sed cum et alia nonnulla regna et haec non ita pridem nostra Anglia lauda-
biliter sua nomina novis terris acquisitis et a se subactis indiderunt quam numerosa et
frequens Divino bcneficio haec gens hac tempestate sit nobiscum reputantes quamque
honesto aliquo et utili cultu earn studiose exerceri no in deteriora ex ignavia et otio pro-
labatur cxpediat plerosque in novam dcducendos regionem quam coloniis compleant
operae praetium duxinius qui et animi promptitudine et alacritate corporumque robore
et viribus quibuscunque difficultatibus si qui alii mortalium uspiam se audeant opponere
hunc conatum huic regno maxime idoneum inde arbitramur quod virorum tantummodo
et mulierum jumentorum et frumenti non etiam pecuniae transvectionem postulat neque
incommodam ex ipsius regni mcrcibus retributionem hoc tempore cum negotiatio adeo
imminuta sit possit reponere hisce de causis sicuti et propter bonum fidele et gratum
dilecti nostri consiliarii Domini Willielmi Alexander equitis servitium nobis praestitum
et praestandum qui propriis impensis ex nostratibus primus externam banc coloniam du-
cendam conatus sit diversasque terras infra designatis limitibus circumscripta incolendas
expetiverit Nos igituu ex regali nostra ad Christianam religionem propagandam et
ad opulentiam prosperitatem pacemque naturalium nostrorum subditorum dicti reo-ni
nostri Scotiae acquircndam cura sicuti alii principes extranei in talibus casibus hactenus
fecerunt cum avisamento et consensu praedilecti nostri consanguine! et consiliarii Joannis
Comitis de Mar Domini Erskyn et Garioche &c. summi nostri thesaurarii computorum
rotulatoris collectoris ac thesaurarii novarum nostrarum augmentationum hujus regni
nostri Scotiae ac reliquorum dominorum nostrorum commissionariorum ejusdem regni
nostri Dedimus concessimus et disposuimus tenoreque praesentis cartae nostrae Damns
concedimus et disponimus praefato Domino Willielmo Alexander haeredibus suis vel
assignatis quibuscunque haereditarie Omnes et singulas terras continentis ac insulas si-
tuatas et jacen in America intra caput seu promontorium communiter Cap de Sable

l,i

APPENDIX.

No. II.

Novodamus of Nova Scotia. 1G25.

Charles, by the Grace of God, King of Great Britain, France and Ireland, and De-
fender of the Faith, To all good men of his whole land, clergy and laity, greeting.
Know ye. That we always have been intent to embrace every occasion that might tend
to the honour and profit of our kingdom of Scotland, and have been of opinion, that
there is no acquisition, either easier or more unprcjudicial, than wliat may be made by
conducting new colonies into foreign and uncultivated realms, where conveniences for
life and food are sufficient, especially if either those realms were before destitute of cul-
tivators, or were settled in by infidels, whom it is of the greatest concern that they be
converted to the Christian faith, to the glory of God ; but when both some other king-
doms, and not long since, this our (kingdom of) England, have laudably imposed their
names on new lands acquired and subdued by them, considering how numerous and
dense this people, by the Divine blessing, at this time, are, and how they may be dili-
gently exercised in any honourable and useful employment, lest, from sloth and indo-
lence, they decline into worse, it may be expedient, and we have reckoned it an object
of estimation, that many of them should be conducted into a new country, which they
may fill with colonies, who, both by readiness and alacrity of mind, and by strength
and ability of body, may dare to oppose themselves to whatsoever difficulties beset other
mortals any where. We thence judge this undertaking to be exceedingly suitable to
this kingdom, which calls for the transportation of men only, and women, beasts of
burthen and corn ; not so of money ; and may not make a disadvantageous return fiom
the merchandise of the kingdom itself, at this time, when trade is so diminished : For
these causes, namely, and on account of the good, faithful and grateful service rendered,
and to be rendered to us by our well-beloved councillor. Sir William Alexander, Kni'^lit,
who, at his own expenses, the first of those of our country, undertook the conductino-
of this foreign colony, and sought out divers lands, circumscribed within particular de-
signed limits, to be inhabited. We, therefore, of our royal care for the propagatin"- of
the Christian religion, and for promoting the opulence, prosperity and peace of our na-
tural subjects of our said kingdom of Scotland, as other foreign princes in the like
cases heretofore have done, with advice and consent of our well-beloved cousin and
councillor, John, Earl of Mar, Lord Erskyn and Garioche, &c. our High Trcasurei-,
Comptroil';r, Collector and Treasurer of our new augmentations of this our kingdom of
Scotland, and the remanent Lords, our Commissioners of our said kingdom, liave given,
granted and disponed, and by our present charter give, grant and dispone to the afore-
said Sir William Alexander, his heirs or assignees whatsoever, heritably, all and sundry
continent-lands and islands, situate and lying in America, within the head or cape com-
monly called Cap de Sable, lying near the -iSd degree of latitude, or thereby, from the

r- c>
1 -*«

APPENDIX.

appellat jacen prope latitudinem quadraginta trium graduum aut eo circa ab eqnlnoxiali
linea versus septentrionem a quo promontorio versus littus maris tenden ad occidentem
ad stationcm navium Sanctae jNIariae vulgo St Marie's hay et deinceps versus septentrio-
nem per directam lineam introitum sive ostium magnae iliius stationis navium trajicien
quae excurrit in terrae orientalem plagam inter regiones Suriquorum et Stecheminorum
vulgo Suriquois et Stechemines ad fluviuni vulgo Sanctae Crucis appellat et ad scatu-
riginem rcmotissimam sive f'ontem ex occidentali parte ejusdem qui se primum praedicto
fiuvio immiscit unde per imaginariam directam lineam quae pergere per terram seu cur-
rere versus septentrionem concipietur ad proximam navium stationem fluvium vel scatu-
riginem in magno fluvio de Canada sese exonerantem et ab eo pergen versus orien-
tem per maris oras littorales ejusdem fluvii de Canada ad fluvium stationem navium por-
tum aut littus communiter nomine de Gathepe vel Gaspie notum et appellatum et dein-
ceps versus euronotum ad insulas Bacalaos vel Cap Brittoun vocat reliquendo easdem
insuks a dextra et voraginem dicti magni fluvii de Canada sive magnae stationis navium
et terras de Newfoundland cum insulis ad easdem terras pertinentibus a sinistra et dein-
ceps ad caput sive promontorium de Cap Brittoun praedict jacen prope latitudinem
quadraginta quinque graduum aut eo circa et a dicto promontorio de Cap Brittoun ver-
sus meridiem et occidentem ad praedict Cap de Sable ubi incepit perambulatio includen
et comprehenden intra dictas maris oras littorales ac earum circumferentias a mari ad
mare omnes terras continentis cum fluminibus torrentibus sinubus littoribus insulis aut
maribus jacen prope aut intra sex leucas ad aliquam earundem partem ex occidentali
boreali vel orientali partibus orarum littoralium et praeciuctuum earundem et ab euro-
noto ubi jacet Cap Brittoun et ex australi parte ejusdem ubi est Cap de Sable omnia
raaria ac insulas versus meridiem intra quadraginta leucas dictarum orarum littoralium
earundem magnam insulam vulgaritcr appellat He de Sable vel Sablon includen jacen
versus carbane vulgo south-south-eist circa triginta leucas a dicto Cap Brittoun in mari
et existen in latitudine quadraginta quatuor graduum aut eo circa Quaequidem terrae
praedict omni tempore afFuturo nomine Novae Scotiae in America gaudebunt quas etiam
praefatus Dominus Willielmus in partes et portiones sicut ei visum fuerit dividet eis-
demque nomina pro bene placito imponet Una cum omnibus fodinis tarn regalibus
auri et argenti quam aliis fodinis ferri plumbi cupri stanni aeris ac aliis mineralibus qui-
buscunque cum potestate effodiendi et ex terra effodere causandi purificandi et repur-
gandi easdem ac convertandi ac utendi suo proprio usui aut aliis usibus quibuscunque
sicuti dicto Domino Willielmo Alexander haeredibus suis et assignatis aut iis quos suo
loco in dictis terris stabilire ipsum contigerit visum fuerit lleservando solummodo nobis
et successoribus nostris decimam partem metalli vulgo U7'e auri et argenti quod ex
terra imposterum etfodietur aut lucrabitur Relinquendo dicto Domino Willielmo
suisque praedict quodcunque ex aliis metallis cupri chalibis ferri stanni plumbi aut
aliorum mineralium nos vel successores nostri quovismodo exigere possumus ut eo
facilius magnos sumptus in extrahendis praefatis metallis tolerare possint Uno cum
m .rgaritis vulgo pearle ac lapidibus praeciosis quibuscunque aliis lapicidinis silvis
virgultis mossis marresiis lacubus aquis piscationibus tam in aqua salsa quam recenti

APPENDIX. 77

equinoctial line northward from vvliich cape, towards the sea-shore, tending to the west
to the naval station commonly called St Mary's Bay, and thereafter northward by a
direct line passing the entrance or mouth of that great naval station which runs out into
the eastern tract of land, between the countries of the Suriquois and Stechemines, to
the river commonly called St Croix, and to the furthest source thereof, on the western
part, which first unites itself with the foresaid river, whence, by an imaginary direct
line which is conceived to proceed by land, or to run northward to the nearest naval
station, river or source, discharging itself into the great river of Canada, and from it
proceeding eastward by the coasts of the said river of Canada, to the river, naval station,
port or shore, commonly known and called by the name of Gathepe or Gaspe, and there-
after towards the south-east, to the islands called Bacalaos, or Cape Breton, leaving the
said islands on the right, and the gulf of the said great river of Canada, or great naval
station, and the lands of Newfoundland, with the islands thereto belonging, on the left ;
and thereafter to the head or cape of Cape Breton, foresaid, lying near the 45th degree
of latitude, or thereby ; and from the said cape of Cape Breton towards the south-west to
the foresaid Cap de Sable, where the perambulation began, including and comprehending
within the said coasts, and their circumferences from sea to sea, ail the continent-lands,
with rivers, brooks, bays, shores, islands, or seas, lying near or within six leagues of any
part of the same on the west, north, or east sides of the coasts, and precincts thereof; and
from the south-east, where lies Cape Breton, and the south part of the same, where is Cap
de Sable, all the seas and islands southward, within forty leagues of the said coasts thereof,
including the great island, commonly called Isle de Sable, or Sablon, lying towards the
south, south-east, in the sea, about thirty leagues from Cape Breton foresaid, and being
in the 44«th degree of latitude, or thereby ; which lands foresaid shall, in all time com-
ing, enjoy the name of Nova Scotia in America ; which also the foresaid Sir William
shall divide into parts, and portions, as shall seem to him fit, and impose names on them
at pleasure ; together with all mines, as well royal of gold and silver, as other mines of
iron, lead, copper, tin, brass, and other minerals whatsoever, with the power of digging,
and causing to dig out of the earth, purifying, and refining the same, and of converting
and using them to his own proper use, or other uses whatsoever, as shall seem fit to the
said Sir William Alexander, his heirs and assignees, or those whom he shall happen to
establish in place of himself in the said lands ; Reserving only to us, and our successors,
the tenth part of the metal commonly called ore of gold and silver, which shall hereafter
be dug or gained out of the earth ; Leaving to the said Sir William, and his foresaids,
whatsoever part we or our successors can any way demand of the other metals of copper,
steel, iron, tin, lead, or r*her minerals, that thereby they may the more easily bear the
oreat charges in extract* ,g the foresaid metals, together with pearls, and whatsoever
other precious stones, quarries, woods, shrubs, mosses, muirs, lakes, waters, fishings, as

APPENDIX.

(I I

tam rcgalium pisciuni quani aliorum vcnationc aucupationc commoditatibus ct hacre«
ditanicntis quibuscunquc Una cum plenaiiu pot estate privilcgio ct jurisdictione li«
berae rcgalitatis capellac ct canccllariac imperpctuuni cumquc donatione et jure patro-
natus ccclesiarum capellaniarum ct bcncficiorum cum tcnciitibus tenandriis ct libere
tenentiuni scrvitiis earuiulem Una cum officiis justiciariac ct admiralitatis resnective
infra omnes bondas respective supra mentionat Una ctiam cum potestate civitates libe-
ros bnrgos liberos portus villas ct burgos baroniae crigendi ac f'ora ct nundinas infra
bondas diet terrarum constituendi curias justiciariac ct admiralitatis infra limitcs diet
terrarum Huviorum portuum et marium tencndi una ctiam cum potestate imponendi
levandi ct rccipiendi omnia tolonia custumas anchoragia aliasque diet burgorum fororum
nundinarum ct liberoruni portuum devorias et eisdem possidendi et gaudendi adeo libere
in omnibus rcspcctibus sicuti quivis bare major vol uiinor in hoc regno nostro Scotiae
gavisus est aut gaudcre poterit quovis tempore praeterito vel future cum omnibus aliis
praerogativis privilegiis innnuuitatibus dignitatibus casualitatibus proficuis et devoriis
ad dictas terras maria et bondas earundem spectan et pertinen ct quae nos ipsi dare et
concedcre possum us adeo libere et anipla forma sicuti nos aut aliquis nostrorum
iiobilium progenitorum aliquas cartas patentes litcras infeofamenta donationes aut
diplomata concesserunt cuivis nostro subdito cujuscunquo gradus aut qualitatis cuivis
societati aut commuuitati talcs colonias in quascunque partes extraneas deducenti
aut terras extraneas investiganti in adeo libera ct ampla forma sicuti eadem in hac
praesenti carta nostra insererentur lacimus ctiam constituimus et ordinamus dictum
Dominum Willielmum Alexander haercdes suos ct assignatos vel corum deputatos
nostros llaereditarios Locum tenentes generales ad repraesentandum nostram perso-
nam regalem tam per marc quam per terram in regionibus maris oris et finibus
praedict in petendo diet terras quamdiu illic manserit ac redeundo ab eisdem ad
gubernandum regendum puniendum et remittendum omnes nostros subditos quos
ad dictas terras ire aut easdem inhabitarc contigcrit aut qui negotiationem cum eisdem
suscipient vel in eisdem locis remanebunt ac eisdem ignoscendum et ad stabiliendum
tales leges statuta constitutioncs directiones instructiones formas gubernandi et magis-
tratuum caeremonias infra dictas bondas sicuti ipsi Domino Willielmo Alexander aut
ejus praedict ad gubernationem dictae regionis aut ejusdem incolarum in omnibus causis
tam criminalibus quam civilibus visum fuerit ct easdem leges regimina formas et caere-
monias alterandum et mutandum ([uoties sibi vel suis praedictis pro bono et commodo
dictae regionis placuerit ita ut dictae leges tam legibus hujus regni nostri Scotiae quam
fieri possunt sint Concordes Volumus ctiam ut in casu rebellionis aut seditionis legibus
utatur militaribus adversus delinquentes vel imperio ipsius sese subtrahentes adeo libere
sicuti aliquis locum tenens cujusvis regni nostri vel dominii virtute officii locum tenentis
habent vel habere possunt cxcludendo omnes alios officiarios hujus regni nostri Scotiae
terrestres vel maritimos qui imposterum aliquid jurisclamei commoditatis authoritatis aut
interessc in et ad diet terras aut provinciam praedict vel aliquam inibi jurisdictionem
virtute alicujus praeccdentis dispositiouis aut diplomatis praetendere possunt Et ut viris
honesto loco natis sese ad expeditionem istam subeundam ct ad coloniae plantationem iu

APPENDIX.

well in salt water as in fresh, of royal fishes, as of others, hunting, hawking, commodi-
ties, and hereditaments whatsoever ; together with full power, privilege, and jurisdiction
of free regality and chancery for ever ; and with the gift and right of patronage of
churches, chapels, and benefices, with tenants, tenandrius, and services of free tenants
thereof, together with offices of justiciary and admiralty respectively, within all the
bounds respectively above mentioned ; together also with the power of erecting cities,
free boroughs, free ports, towns, and boroughs of barony, and appointing markets and
fairs within the bounds of the said lands, of holding courts of justiciary and admiralty
within the limits of the said lands, rivers, ports, and seas ; together also with the power
of imposing, levying, and receiving all tolls, customs, anchorages, and other dues of the
said boroughs, markets, fairs, and free-ports, and of possessing and enjoying the same,
as freely in all respects as any nobleman or gentleman (i. e. baro major vel minor) in
this our kingdom of Scotland enjoyed, or could enjoy them, at any time, past or to come,
with all other prerogatives, privileges, immunities, dignities, casualties, profits, and duties
belonging and pertaining to the said lands, seas, and bounds thereof, and which we can
give and grant as freely, and in ample form, as we or any of our noble progenitors have
granted other charters, letters-patent, infeftments, gifts, or patents, to any one being
our subject, of whatsoever degree or quality, to any society or community conducting
such colonies, into whatsoever foreign parts, or discovering foreign lands, in as free and
ample form as if the same were inserted in this our present charter : Also we have made,
constituted, and appointed the said Sir William Alexander, his heirs aud assignees, or
their deputies, our Hereditary Lieutenants-General, to represent our royal person, as
well by sea as by land, in the countries, sea-coasts, and boundaries foresaid, in going to
the said lands, while he shall remain there, and in returning therefrom, to govern, rule,
punish, and pardon all our subjects, who shall happen to go to the said lands, or to
settle in the same, or who shall engage in trade with them, or shall remain in the
same places, and to forgive them ; and to establish such laws, statutes, constitu-
tions, directions, instructions, forms of government, and ceremonies of magistrates,
within the said bounds, as shall seem fit to him Sir William Alexander, or his fore-
saids, for the government of the sa'd country or its inhabitants, in all causes, as well
criminal as civil, and for the altering and varying of the said laws, rules, forms and
ceremonies, as often as he or his foresaids shall please, for the good and advantage of
the said country, so as the said laws may be as agreeable as possible to the laws of this
our kingdom of Scotland. Also, we will, that, in case of rebellion, or sedition, he shall
use military laws against the offenders, or those withdrawing themselves from under his
authority, as freely as another Lieutenant of any of our kingdoms or dominions, in vir-
tue of the office of Lieutenant, has or may have (power to do,) excluding all other
officers of this cur kingdom of Scotland, by land or by sea, who hereafter, in virtue of
any former disposition or patent, can pretend any claim of right, superiority, authority
or interest, in and to the said lands or province foresaid, or to any jurisdiction therein :
And that men of honourable birth may be incited to the undertaking of that expedi-

f' M I

APPENDIX.

dictis terris addatur animus nos pro nobis nostiisquc hacrcdibus ct succcssoribus cum
avisamento ct consensu pracdict virtute pracsentiti cartae nostrac damus et concedimus
liberam ct plcnaiiam potcstatam pracfato Domino Willichno Alexander suisque pracdict
conferendi favores privilegia munia ct honores in dcmerentes cum plenaria potestate
eisdcm aut eorum alicui quos cum ipso Domino Williclmo suisque pracdict pactiones vel
contractus facere pro eisdem terris contigerit sub subscriptione sua vel suorum pracdict
et sigillo infra mentionato aliquam portionem scu portiones dictarum tcrrarum portuum
navium stationum fiuviorum aut praemissorum aiicujus partis disponcndi et extradonandi
erigendi etiam omnium generum machinas artes vel scientias aut easdem exercendi in
toto vel in parte sicuti ei pro bono ipsorum visum fuerit Dandi etiam et concedendi et
attribuendi talia ofHcia titulos jura et potestates constitucndi et dcsignandi tales capita-
neos officiarios balivos gubcrnatorcs clericos omncsquu alios regalitatis baroniae et burgi
ofliciarios clericos aliosque ministros pro administratione justiciae infra bondas dictarum
terrarum aut in via dum terras istas petunt per mare et ab eisdem redeunt sicuti ei ne-
ccssarium videbitur secundum qualitates conditiones et personarum mcrita quos in aliqua
coloniarum dictae provinciae aut aliqua cjusdcm parte habitarc contigcrit aut qui ipso>
rum bona et fortunas pro commodo et incremento ejusdem periculo committent et eosdem
ab officio removendi alterandi et mutandi prout ei suisque praescript videbitur expediens
£t quum hujusmodi conatus non sine magno labore et sumptibus Runt magnamque
pecuniae largitionem requirant adeo ut privati cujusvis fortunas excedant et multo-
rum suppetiis indigeant ob quam causam dictus Dominus Willielmus Alexander suique
praescript cum diversis nostris subditis aliisque pro particularibus periclitationibus et sus>-
ceptionibus ibidem qui forte cum eo suisque haeredibus assignatis vel dcputatis pro terris
piscationibus mercimoniis aut populi transportatione cum ipsorum pecoribus rebus et
bonis versus dictam Novam Scotiam contractus inibunt volumus ut quicunque tales con-
tractus cum dicto Domino Willielmo suisque praedictis sub ipsorum subscriptionibus et
sigillis expedient limitando assignando et affigendo diem et locum pro personarum bono-
rum rerumque deliberatione in navem imponend sub forisfactura cujusdam monetae
summae et eosdem contractus non perficient sed ipsum frustrabunt et in itinere desig-
nato ei nocebunt quod non solum dicto Domino AVillielmo suisque pracdict prout esse
praejudicio et nocumento verum etiam nostrae tarn laudabili intentioni obstabit et detri-
mentum inferet tunc licitum erit dicto Domino Willielmo suisque pracdict vel eorum
deputatis et conservatoribus inframentionatis in eo casu sibi suisve pracdict quos ad hunc
effectum substituet omnes tales sunimas monetae bona et res forisfactas per talium con-
tractuum violationem assumere Quod ut facilius fiat et legum prolixitas evitetur dedi-
mus et concessimus tenoreque praesentium damus et concedimus plenariam potestatem
nostri consilii dominis ut eos in ordinem redigant et talium contractuum vel foederum
violatores pro transportatione populorum fact puniant Et licet omnes tales contractus
inter dictum Dominum Willielmum suosque pracdict et praedictos periclitatores per
periclitationem et transportationem populorum cum ipsorum bonis et rebus ad statutum
diem perHcicntur et ipsi cum suis omnibus pecoribus et bonis ad littus illius provinciae

APPENDIX.

tion, and the plnntiuj; of u colony in the said lands, wc, for us, and our heirs and suc-
cessors, with advice and consent foresaid, in virtue of our present charter, give and
grant free and full power to the aforesaid Sir William Alexander, and his foresaids, of
conferring favours, privileges, offices and honours, on the deserving, with ])lenary
power of disponing and overgiving to them, or any of them, who shall happen to make
the foresaid agreements or contracts for the said lands with him Sir William, and his
foresaids, under his subscription, or theirs, and the seal under mentioned, any portion or
portions of the said lands, ports, naval stations, rivers, or any part of the premises ; also
of erecting inventions of all sorts, arts or sciences, or practisin;^ the same iti whole or in
part for their good, as shall seem to him fit : Also of giving, granting and bestowing
such offices, titles, rights and powers, constituting and appointing such captains, offi-
cers, bailies, rulers, clerks, and all other regality, barony, and borough officers, clerks
and other functionaries, for the administration of justice within the bounds of the said
lands, or on the way while they go by sea to those lands, and return tlierelVom, 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 province, or any part thereof, or
who shall adventure their means and fortunes for the advantage and improvement
thereof, and removing the same from office, altering and changing them as shall seem
to him and his aforcsaids expedient : And seeing undertakings of this kind are not ef-
fected without great labour and charges, and require a great advance of money so as to
exceed any private person's fortune, and on which account the said Sir William Alex-
ander, and his before written, may want supplies of many things for particular enter-
prises and undertakings there with divers of our subjects, and others who jirobably shall
enter into contracts with him and his heirs, assignees or deputies, for lands, fishings,
merchandizes, or the transportation of the people, with their flocks, effects and goods,
towards Nova Scotia aforesaid, we will, that whosoever shall so complete contracts with
the said Sir William, and his before written, under their subscriptions and seals, limiting,
assigning, and fixing the day and place for the delivery of the persons, goods and ef-
fects to be put on shipboard, under the forfeiture of any sum of money, and shall not
perform the said contracts, but shall disappoint him and injure him in the intended
voyage, which not only will be of prejudice and hurt to the said Sir William, and his
foresaids, but also will obstruct and be detrimental to our so laudable purpose, then it
shall be lawful to the said Sir William, and his foresaids, or their deputies and conser-
vators under mentioned, in that case to take to himself, or his foresaids, whom he shall
substitute for this effect, all such sums of money, goods and effects, forfeited by the
violation of such contracts, which, that it may be the more easily done and the delay of
law avoided, we have given and granted, and by these presents give and grant full
power, to the Lords of our Council, that they reduce them to order, and punish the
violators of such contracts or agreements made for the transportation of the people :
And although all such contracts between the said Sir William, and his foresaids, and
the foresaid adventurers, shall be performed by the enterprise and transportation of
people, with their goods and effects, at an appointed day, and they, with all their flocks

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APPENDIX.

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animo coloniam ducendi et rcmanendi appellcnt et nihilotninus postea vel omnino pro-
vinciam Novae Scotiae et cjusdem conBiiia sine licentia dicti Domini Willielmi suoruni-
que praedict vel eorum dcputatorum aut socictatem et coloniam praedict ubi primum
conibinati et conjuncti fuerant derelinqucnt et ad agrestes indigenas in locis remotis et
desci'tis liabitandum scsc conferent quod tunc amittcnt et foristacient omncs terras prius
iis conccss omnia etiam bona infra omnes praedictas bondas licitumque erit praedicto
Domino Williehno suisque praedict eadem fisco applicare et easdem terras recognoscere
eademque omnia ad ipsos vel eorum aliquem quovismodo spectantia possidere et siio pe-
culiari usui suorumqnc praedict applicare et convcrtere Et ut omnes dilecti nostri sub*
diti tarn regnorum nostrorum et dominiorum quam alii extranei quos ad dictas terras aut
aliquam carundcni partem ad merclmonia c /ntrahenda navigare contigcrit melius sciant
et obedientes sint potestati et authoritati per nos in praedictum fidelem nostrum consi-
liarum Dominum Willielmum Alexander suosque praedict collatae in omnibus talibus
commissionibus warrantis et contractubus quos quovis tempore future faciei concedet et
constituet pro decentiori et validiori constitutione officiariorum pro gubernatione dictae
coluniae concessione terrarum et executione justiciae dictos inhabitantes perlclitantes
deputatos factores vel assignatos tangen in aliqua dictarum terrarum parte vel in navi-
gatione ad easdem terras nos cum avisamento et consensu praedicto ordinamus quod
dictus Dominus Willielmus Alexander suique praedict unum commune sigillum babe-
bunt ad oflicium Locum tenentis justiciariae et admiralitatis spectan quod per dictum
Dominum Willielmum Alexander suosque praedict vel per suos deputatos omni tempore
aft'uturo custodictur in cujus uno latere nostra insignia insculpcntur cum his verbis in
ejusdem circulo et margine Sigillum Regis Scotie Anglie Fuancie et Hybernie
et in altero latere imago nostra nostrorumque successorum cum his verbis (Pro Nove
Scotie Locum tenente) cujus justum exemplar in manibus ac custodia conservatoris
privilegiorum Novae Scotiae remanebit quo ut occasio requiret in officio suo utatur Et
quum maxime necessarium sit ut omnes dilecti nostri subditi quotquot dictam provinciam
Novae Scotiae vel ejus confinia incolent in timorc Omnipotentis Dei et vero ejus cultu
simul vivant omni conamine intentus Christianam religionem inibi stabilire pacem etiam
et quietcm cum nativis incolis et agrestibus aboriginibus earum terrarum colere (unde ipsi
et eorum quilibet mercimonia ibi exercentes tuti cum oblectamento ea quae magno cum
labore et periculo acquisiverunt quiete possidere possunt) nos pro nobis nostrisque succes-
soribus volumus nobisque visum est per presentis cartae nostrae tenorem dare et concedere
dicto Domino Willielmo Alexander suisque praedict et eorum deputatis vel aliquibus aliis
nostris gubernatoribus officiariis et ministris quos ipsi constituent liberam et absolutam po-
testatem tractandi et pacem affinitatem amicitiam mutua colloquia operam et communica-
tioncm cum agrestibus illis aboriginibus et eorum principibus et quibuscunque aliis regi-
men et potestatem in ipsos habentibus contrahendi observandi ct alendi tales affinitates et
colloquia quae ipsi vel sui praedict cum iis contrahent mode foedera ilia ex adversa parte

;gi.

APPENDIX.

and goods, arrive at the shore of that province, with the purpose of conducting a colony,
and remaining ; and, nevertheless, shall afterwards leave either the province of Nova
Scotia altogether, and the boundaries thereof, without the permission of the said Sir
William, and his foresaids, or their deputies, or the society and colony foresaid, where
they first collected together, and were united, and shall betake themselves to the wild
natives, to dwell in remote and desolate places, that then they sliall lose and forfeit all
the lands before granted to them, also all goods within all the foresaid bounds ; and it
shall be lawful to the aforesaid Sir William, and his foresaids, to confiscate the same,
and recognosce (claim back) the said lands, and possess and apply and convert to his
own and his foresaids peculiar use the same, and all things any way belonging to them,
or any of them : And that all our loving subjects of our kingdoms and dominions, as
well as others being foreigners, who, to engage in merchandize, shall happen to sail to
the said lands, or any part of them, may the better know, and be obedient to tlie power
and authority conferred by us on our foresaid faithful councillor, Sir William Alex-
ander, and his foresaids, in all such commissions, warrants and contracts, as he shall at
any future time make, grant and provide for the more proper and valid appointment of
officers, for the government of the said colony, granting of lands, and execution of jus-
tice, touching the said inhabitants, adventurers, deputies, stewards, or assignees, in any
part of the said lands, or in sailing thereto, we, with advice and consent foresaid, ordain
that the said Sir William Alexander, and his foresaids, shall have one common seal be-
longing to the office of Lieutenant Justiciary and Admiralty, 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, Sigillum Regis Scotie Anglie Francie et Hybernie, and on the reverse
side our likeness, and that of our successors, with these words, (Pro Nove Scotie
Locumtenente,) a just model of which shall remain in the hands and custody of the
Conservator of the privileges of Nova Scotia, which he can use in his office as occa-
sion shall require : And whereas it it principally necessary that all our loving subjects,
whatever number there may be, that shall settle in the said province of Nova Scotia,
or its bounds, live together in the fear of Almighty God, and in his true worship,
with every endeavour of purpose to establish the Christian religion therein ; also to
cultivate peace and quiet with the natives and wild original inhabitants of those lands,
(whence they and any of them, safely with satisfaction prosecuting trade there, may
be able quietly to possess what with labour iind hazard they have acquired,) we,
for us, and our heirs and successors, will, and see fit, by our present charter, to give
and grant to the said Sir William Alexander, and his foresaids, and their deputies,
or any others our rulers, officers and functionaries, whom they shall appoint, free
and absolute power of treating for, and contracting peace, alliance, friendship, mu-
tual conferences, service, and communication with those wild original inhabitants and
their chiefs, and whatsoever others, having rule and power over them, of observing, and
cherishing such alliances and conferences, as they or their foresaids shall contract with
them, provided those contracts are faithfully observed, on the other side, by those bar-

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■ ' ■ » ■

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FiU

APPENDIX.

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per ipsos silvcstrcs fidelitcr observentur quod nisi fiat arma contra ipsos sumcndi quibus
rcdigi possunt in ordincm sicuti dicto Domino Williehno suisquc pracdict et deputatis
suis pro honorc obedientia ct Dei servitio ac stabiliincnto defensione et conservatione
authoritatis nostrae inter ipsos expediens vidcbitur Cum potestatc ctiam praedicto
Domino Willielmo Alexander suisquc praescriptis per ipsos vel eorum deputatos substi-
tutes vcl assignatos pro corum defensione et tutela omni tempore et omnibus justis oc-
casiunibus imposterum aggrcdiendi ex inopinato invadendi expellcndi et armis repellendi
tarn per mare quam per terrani omnibus modis omnes et singulos qui sine speciali licentia
dicti Domini Williclmi suorun)que praedict terras eas inliabitare aut mercaturam exer-
cere in dicta provincia Novae Scotiae aut quavis ejusdem parte conabuntur et similiter
omnes alios quoscunque qui aliquid damni detrimenti destructionis laesionis vel invasionis
contra proviuciam illam aut ejusdem incolas inferrc praesumunt quod ut facilius fiat lici-
tum crit dicto Domino Willielmo suisque praedict eorum deputatis factoribus et assig-
natis contributioncs a pcriclitantibus et incolis ejusdem levare in unum cogere per pro-
clamationcs vcl quovis alio ordine talibus temporibus sicuti dicto Domino Willielmo
suisque praedict expediens vidcbitur omnes nostros subditos infra dictas limites dictae
provinciae Novae Scotiae inhabitantes et mercimonia ibidem exercentes convocare pro
meliori exercitio necessariorum supplemcnto et populi ac plantationis diet terrarum aug-
mentatione et incremento Cum plenaria potcstate privilegio et libertate diet Domino
Willielmo Alexander suisque praescriptis per ipsos vel eorum substitutos per quaevis
maria sub nostris insigniis et vexillis navigandi cum tot navibus tanti oneris et tani bene
munitione viris et victualibus instructis sicuti possunt parare quovis tempore et quoties
iis vidcbitur expediens ac omnes cujuscunque qualitatis et gradus personas subditi nostri
existentes aut qui imperio nostro sese subdere ad iter illud suscipiendum voluerint cum
ipsorum jumentis equis bobus ovibus bonis et rebus omnibus munitionibus machinis ma-
joribus armis et instrumentis militaribus quotquot voluerint aliisque commoditatibus et
rebus neccssariis pro usu ejusdem coloniae mutuo commercio cum nativis inhabitantibus
earum provinciarum aut aliis qui cum ipsis plantatoribus mercimonia contrabent trans-
portandi et omnes commoditates et mercimonia quae iis videbuntur necessaria in regnum
nostrum Scotiae sine alicujus taxationis custumae et impositionis pro eisdem solutione
nobis vcl nostris custumariis aut eorum deputatis indc portandi eosdemque ab eorum
ofRciis in hac parte pro spatio septem annorum diem datae praesentis cartae nostrae im-
mediate sequen inhibendo quamquidcm solam commoditatem per spatium tredecim an-
norum imposterum libere concessimus tenoreque praesentis cartae nostrae concedimus et
disponiraus dicto Domino Willielmo suisque praedict secundum proportionem postea
mentionat Et post tredecim illos annos finitos licitum erit nobis nostrisque successori-
bus ex omnibus bonis et mercimoniis quae ex hoc regno nostro Scotiae ad eandem pro-
viuciam Novae Scotiae vel ex ea provincia ad dictum regnum nostrum Scotiae exporta-
buntur vel importabuntur in quibusvis hujus regni nostri portubus per dictum Dominum
Willielmum suosque praedict tantum quinque libras pro centum secundum antiquum
negotiandi modum sine ulla alia impositione taxatione custuma vel dcvoria ab ipsis im-

APPENDIX.

■I ! i

barians themselves ; and, unless that take place, of taking up arms against them, where-
by they may be reduced to order, as shall seem expedient to the said Sir William, and
his foresaids, and their deputies, for the honour, obedience, and service of God, and the
establishment, defence and preservation of our authority amongst them : Also, with
power to the foresaid Sir William Alexander, and his foresaids, by themselves, or their
deputies, substitutes, or assignees, for their defence and protection, in all time, and on
all just occasions hereafter, of attacking suddenly, invading, expelling, and, with arms,
repelling in all ways, as well by sea as by land, all and sundry who shall attempt, with-
out the special permission of the said Sir William, and his foresaids, to settle in those
lands, or exercise trade in the said province of Nova Scotia, or any part thereof; and, in
like manner, all others, whomsoever, who presume to induce any loss, detriment, de-
struction, hurt, or invasion of that province, or the inhabitants thereof, which that it
may be the more easily effected, it shall be lawful to the said Sir William, and his fore-
saids, their deputies, stewards, and assignees, to levy contributions from the adventurers
and inhabitants of the same, to gather them into one, by proclamations, or by any other
order, at such times as shall seem expedient to the said Sir William, and his foresaids,
to assemble all our subjects, residing within the said boundaries of the said province of
Nova Scotia, and following trade there, for the better supply of the necessary army, and
the augmentation and improvement of the people, and plantation of the said lands : With
full power, privilege, and liberty to the said Sir William Alexander, and his foresaids,
by themselves, or their substitutes, of navigating any seas under our ensigns and Hags,
with as many ships of as great burthen, and as well furnished with ammunition, men,
and provisions, as they can prepare at any time, and as often as shall seem to them ex-
pedient, and of transporting all persons, of whatsoever quality and degree, being our
subjects, or who, to submit themselves to our government, shall desire to undertake that
voyage, with their beasts of burthen, horses, cattle, sheep, goods, and whole effects,
ammunition, engines, great arms, and military instruments, as many as they desire, and
other commodities and articles, necessary for the use of the said colony, for mutual traf-
fick with the native inhabitants of those provinces, or others, who shall engage in trade
with those planters, and :f carrying from thence all commodities and merchandizes,
which shall seem to them necessary, into our kingdom of Scotland, without the pay-
ment to us, or the officers of our customs, or their deputies, of any tax, custom, and
impost for the same, and discharging them of their offices, in that part, for the space of
seven years, immediately following the day of the date of our present charter, which ad-
vantage, alone, we have granted, and, by our present charter, grant and dispone freely
to the said Sir William, and his foresaids, for the space of thirteen years hereafter, ac-
cording to the rate after mentioned ; and, after those thirteen years have expired, it
shall be lawful to us, and our successors, to levy and exact from all goods and merchan-
dizes, which shall be exported from this our kingdom of Scotland to the said province
of Nova Scotia, or imported from that province to our said kingdom of Scotland, into
any ports of this our kingdom, by the said Sir William, and his foresaids, five pounds
per cent, only, according to the ancient manner of mercantile trading, without any other

H<J

APPENDIX.

I: I

posterum levarc ct exigere quacquidcni summa quinque librarum pro centum sic soluta
per diet Doniinum Willielinuin suosque praedict aliisque nostris officiariis ad hunc effec-
tuin constitutis cxindc licitum erit dicto Domino Willielmo suisquc praedict eadem bona
de hoc regno nost*'o Scotiac in quasvis alias partes et regioncs extraneas sine aiicujus
alterius custumae taxationis vel devoriac solutionc nobis vcl nostris haeredibus aut suc-
cessoribus aut aiiquibus aliis transportarc et aveherc proviso tamen quod dicta bona
infra spatium tredecim nicnsium post ipsaruin in quovis hujus regni nostri portu ap-
pulsioneni navi rursus iinponantur Dan et conceden absolutam et plenariam potesta-
tem dicto Domino Willielmo suisque praedict ab omnibus nostris subditis qui colo<
nias deducere mercimonia exercere aut ad easdem terras Novae Scotiac et ab eisdem
navigare voluerint praeter dictam summam nobis debitam pro bonis et mercimoniis quin-
que libras du centum vel ratione exportationis ex hoc regno nostro Scotiae ad dictam pro*
vinciam Novae Scotiae vel importationis a dicta provincia ad hoc regnum nostrum Scotiae
praedict in ipsius ejusque praedict proprios usussumendi levandi et rccipicndi et similiter
dc omnibus bonis ct mercimoniis quae per nostros subditos coloniarum ductores nego>
tiatores et navigatores de dicta provincia Novae Scotiae ad quaevis nostra dominia aut
alia quaevis loca exportabuntur vcl a nostris regnis et aliis locis ad dictam Novam Scotiam
importabuntur ultra ct supra dictam summam nobis dcstinatam quinque libras de cen-
tum Et de bonis et mercimoniis omnium cxtraneorum aliorumque sub nostra obedientia
minimc existentium quae vel de dicta provincia Novae Scotiae exportabuntur vel ad ean-
dem importabuntur ultra et supra diet summam nobis dcstinatam decem libras de cen-
tum dicti Domini Willielmi suorumque praedict propriis usibus per tales ministros offi-
ciarios vel substitutos eorumve deputatos aut factores quos ipsi ad hunc effectum consti-
tuent et designabunt levandi sumendi ac recipiendi £t pro meliori dicti Domini Wil-
lielmi suorumque praedict aliorumque omnium nostrorum subditorum qui dictam Novam
Scotiam inhabitare vel ibidem mercimonia exercere voluerint securitate et commoditate
et generaliter omnium aliorum qui nostrae authoritati et potestati sese subdere non
jrravabuntur nobis visum est volumusque quod licitum erit dicto Domino Willielmo
suisque praedictis unum vcl plura munlmina propugnacula castella loca fortia specula
armamentaria lie blokhoussis aliaquc aedificia cum portubus et navium stationibus aedi-
ficare vel acdificari causare una cum navibr-S bellicis easdemque pro defensione diet loco-
rum applicari sicuti dicto Domino Willielmo suisque praedict pro dicto conamine perfl-
ciendo necessarium videbitur proque ipsorum defensione militum catervas ibidem stabi-
lire praeter praedicta supramentionata et generaliter omnia facere quae pro conquaestu
augmentatione populi inhabitatione prcservatione et gubernatione dictae Novae Scotiae
cjusdemque orarum et territorii infra omnes hujusmodi limites pertinentias et dependcn-
tias sub nostro nomine et authoritatc quodcunque nos si p.i '?onaliter essemus praesentes
facere potuimus licet casus specialem ct strictum magis ordinem quam in hac praesenti
carta nostra praescribitur requirat cui mandato volumus et ordinamus strictissimeque
praecipimus omnibus nostris justiciariis officiariis et subditis ad loca ilia sese conferenti-
bus ut sese applicent dictoque Domino Willielmo suisque praedictis in omnibus et sin-

APPENDIX.

impost, tax, custom, or duty, from them hereafter ; which sum of five pounds per cent,
being so paid by the said Sir William, and his foresaids, to our officers and others, to
this effect appointed, it shall thereafter be lawful to the said Sir William, and his fore-
saids, to transport and carry away the said goods from this our kingdom of Scotland,
into any other parts and foreign countries, without the payment to us, or our heirs or
successors, or any others, of any other custom, tax, or duty, provided, however, the said
goods, within the space of thirteen months after their arrival in any part of this our
kingdom, be again put on ship board ; giving and granting absolute and full power to
the said Sir William, and his foresaids, of taking, levying, and receiving, to his own,
and his foresaids proper uses, from all our subjects, who shall desire to conduct colonies,
follow trade, or sail to the said lands of Nova Scotia, or from them, for goods and mer-
chandizes, five pounds per cent, over and above the said sum due to us ; whether on
account of the exportation from this our kingdom of Scotland to the said province of
Nova Scotia, or of the importation from the said province to this our kingdom of Scot-
land foresaid ; and, in like manner, from all goods and merchandizes which shall be ex-
ported by our subjects, conductors of colonies, traders, and navigators, from the said
province of Nova Scotia, to any of our dominions, or any other places, or shall be im-
ported from our kingdoms, and other places into Nova Scotia foresaid, five pounds per
cent, over and above the said sum destined to us ; and of levying, taking, and receiv-
ing, to the proper uses of the said Sir William, and his foresaids, by such functionaries,
officers, or substitutes, or their deputies or factors, whom they shall constitute and ap-
point for this effect, from tlie goods and merchandizes of all foreigners and others, not
being under our obedience, which shall be either exported from the said province of
Nova Scotia, or imported into it, ten pounds per cent, over and above the said sum des-
tined to us : And for the better security and advantage of the said Sir William, and
his foresaids, and all others, our subjects, who shall desire to settle in Nova Scotia afore-
said, or to follow trade there, and, generally, of all others who shall not refuse to
submit themselves to our authority and power, we have seen fit, and do will, that
it shall be lawful to the said Sir William, and his foresaids, to construct, or cause
to be constructed, one or more forts, fortresses, castles, strongholds, watch-towers,
blockhouses, and other edifices, with ports and naval stations, together with ships of
war f and the same to be applied for the defence of the said places, as shall seem to the
said Sir William, and his foresaids, necessary for accomplishing the said undertaking ;
and to establish for their defence parties of soldiers, beside the foresaid things above
mentioned ; and, generally, all things whatsoever to do for the acquisition, improve-
ment, settlement of the people, preservation and government of Nova Scotia aforesaid,
and the coasts and territory thereof, with all its limits, pertinents and dependencies,
under our name and authority, that we could do if we were personally present, al-
though the case may require a more special and a stricter course than in this our pre-
sent charter is prescribed, to which command we will, and ordain, and most strictly
require all our justices, officers and subjects, repairing to those places, that they con-
form themselves, and attend to and obey the said Sir William, and his foresaids, in all

I ■

APPENDIX.

¥ 1

; I I

guiis supra mcntionatis carum substantiis ct dcpcndentiis intcndant ct obcdiant cisrjue
in carum cxccutionc in omnibus adeo sint obcdicntcs ut nobis cujus personam rcprcscntat
esse deberet sub poena disobedicntiae et rebellionis Declaramus insuper per pracscntis
cartac nostrac tenorcm omnibus Christianis regibus principibus ct statibus quod si aliquis
vcl aliqui qui imposterum de dictis coloniis vel dc curum aliqua sit in provincia Novae
Scotiae predict vcl aliqui alii sub eorum licentia ct mandato quovis tempore futuro pira-
ticani excrcentes per mare vcl terram bona alicujus abstulerint vel aliquod injustum aut
indcbitum hostiliter contra aliquos nostros nostrorumve hacrcdum aut successorum seu
aliorum rcgum principum gubcrnatorum aut stutuum in foederc nobiscum cxisten sub-
ditos quod tali injuria sic oblata aut justa querela desuper mota per aliquem regem prin-
cipem gubernatorem statum vel eorum subditos predict nos nostri hacredes ct successores
publicas proclamationes fieri curabimus in aliqua parte dicti rcgni nostri Scotiae ad hunc
cff'ectum magis commoda ut diet pirata vel piratae qui tales rapinas committcnt stato
tempore per prefatas proclamationes limitando plcnarie rcstituant quaccunque bona sic
ablata ct pro dictis injuriis omnimodo satisfacient ita ut dicti principes aliique sic con*
quircntes satisfactos se esse reputent et quod si talium facinorum commissores neque
satisfactionem condignam facient nee fieri infra tcmpus limitandum curabunt quod tunc
is vel ii qui tales rapinas commiserint ncque sunt ncc imposterum sub nostra obedien-
tia et protectione erint quodque licitum et legitimum crit omnibus principibus aliisque
quibuscunque tales delinquentes eorumve qucmlibet omni cum hostilitate prosequi et
invadere Et licet ncminem nobilem et generosum de patria hac sine licentia nostra
discedere statutum sit nihilominus volumus quod hoc presens nostrum diploma sufiiciens
erit licentia et warrantum omnibus qui se huic itinere committcnt nisi qui lacsacma-
jestatis sint rei aut aliquo alio speciali mandato sint inhibiti atque per praesentis cartae
tenorem declaramus volumusquc quod nemo patria hac discedere permittatur et ad dic-
tam regionem Novae Scotiae tendere nisi qui juramentum nostrae supremitatis pri-
mum susceperint ad quem efTectum nos tenore pracscntis cartae nostrae dicto Domino
Williclmo suisque praedict vel eorum conservatoribus ct deputatis idem hoc juramentum
omnibus personis versus illas terras in ea colonia sese conferentibus requircre et exhibere
plenariam potestatem et authoritatem damns et concedimus Praeterea nos cum avisa-
mento et consensu praedicto pro nobis et successoribus nostris declaramus dccernimus et
ordinamus quod omnes nostri subditi qui ad dictam Novam Scotiam proficiscentur aut
eam incolent eorumque omnes liberi et posteritas qui ibi nasci contigerit aliique omnes
ibidem periclitantes habebunt et possidebunt omnes libertates immunitates et privilegia
Jiberorum et naturalium subditorum rcgni nostri Scotiae aut aliorum nostrorum domi-
niorum sicuti ibidem nati fuissent Insuper nos pro nobis et successoribus nostris damus
et concedimus dicto Domino Willielmo suisque praedict lioeram potestatem stabilicndi
et cudere causandi monetam pro commercio liberiori inhabitantium dictae provinciae
cujusvis metalli quo modo et qua forma voluerint et easdem praescribent Atque etiam
si quae quaestiones aut dubia super interpretatione et constructione alicujus ciausulae in

APPENDIX.

and sundry the matters above niontioned, their substances and dependencies ; and be
equally obedient to them in their execution in all points, as he ouj^ht to be to us, whose
person he represents, under the penalty of disobedience and rebellion. Moreover, we
declare, by our present charter, to all Christian kings, princes and states, that if, here-
after, any from the said colonies, or any of them, in the province of Nova Scotia
foresaid, or any other persons, under their permission and command, at any time to come,
who may be practising piracy by sea or land, shall abstract the goods of any person, or
in a hostile manner do any injustice or wrong against our subjects, or (those) of our
heirs or successors, or of other kings, princes, governors, or states, who are in alliance
with us, that upon such injury so offered, or just complaint moved thereon, by any
king, jirince, governor, state, or their subjects foresaid, we, our heirs and successors,
shall take care that public proclamations be made in any part of our said kingdom of
Scotland, most convenient for this effect, that the said pirate or pirates, who shall com-
mit such violences, fully restore, within a stated time, to be limited by the foresaid pro-
clamations, whatsoever goods were so abstracted, and make satisfaction for the said in-
juries, so as the said princes, and others, so complaining, shall consider themselves to be
satisfied ; and that if the committers of such crimes shall neither make conditrn satis-
faction, nor take care that it be made within the time to be limited, that then lie or
they who have committed such violences, neither are, nor ever shall be under our obe-
dience and protection ; and that it shall be allowable and lawful to all princes and
others, whatsoever, to proceed against such offenders, with all hostility, and invade them :
And although it is appointed, that no nobleman and gentleman depart from this coun-
try without our permission, nevertheless we will, that this our present patent shall bo a
sufficient permission and warrant to all who shall engage in the said voyage, unless
those who may be under a charge of treason, or by any other special authority prevent-
ed : And we declare, by the present charter, and do will, that no person be permitted
to leave this country, and to go to the said country of Nova Scotia, unless they who
shall have previously taken the oath of our supremacy ; to which efi'ect, we, by our
present charter, give and grant full power and authority to the said Sir William, and
jiis foresaids, or their conservators and deputies, to require the said oath from, and
administer it to all persons betaking themselves to the said lands in that colony :
Further, we, with advice and consent foresaid, for us and our successors, declare, de-
cern and ordain, that all our subjects who shall go to Nova Scotia foresaid, or settle in
it, and all their children and posterity who shall happen to be born there, and all others
adventuring there, shall have and possess all the liberties, immunities and privileges of
children and natural (born) subjects of our kingdom of Scotland, or of our other do-
minions, as if they had there been born. Moreover, we, for us and our successors, give
and grant free power to the said Sir William, and his foresaids, of establishing and
causing money to be coined for the more unrestricted commerce of the inhabitannts of
the said province, of any metal, in what fashion, and in what form they shall direct and
prescribe the same : And, also, if any questions or doubts shall occur on the interpre-
tation and construction of any clause contained in this our present charter, they shall

110

ai'im:xdix.

' I

" 'S

' I

1 :i

hac praescnti carta nostra coiitcntac occurreiit ca omnia siimcntiir ct intcrprctabiintiir
in amplissima forma ct in f'avorcm dicti Domini Willielmi suoruui(|uc praedict Prat-
terea nos ex nostra ccrta scientia proprio motu authoritate ct potestatc rcj^ali f'ecimus
univimus anncxavinius crcximus crcavimus et incorporavimiis tcnoreque praesuntis cartae
nostrae f'acimus uninius anncxamus crigimus crcamus ct iiicorporamus totam ct iutL><rram
dictam provinciam ct terras Novae Scotiac cum omnibus carundcm liniitibus ct mariis
in unum integrum et libcrum Dominium ct Baroniam per praedict nomcn Novak Sco-
TiAE omni tempore futuro appcllandum Volumusque ct conccdimus ac pro nobis nos.
trisque successoribus dcccrninuis ct ordinamus quod unica sasina nunc per dictum Do-
minum Willielmum suosquc praedict omni tempore aff'uturo modo subscqucn sumenda
stabit ct sufficiens crit sasina pro tota dicta rcgione cum omnibus partibus pendiculis pri-
vilcgiis casualitatibus libertatibus ct immunitatibus cjusdcm supramcntionatis absque ali-
qua alia spcciali aut particuliari sasina per ipsum suosquc praedict apud aliquam aliam
partem capicnda penes quam sasinam omniaque quae indc sccuta sinit aut seqiii possunt
nos cum avisamcnto ct consensu pracscript pro nobis et successoribus nostris dispensavi-
mus tenorcque pracsentis cartae nostrae modo subtus mentionat dispensamus impcrpc-
tuum Tenkn ct Haben totam ct intcgram dictam rcgioncm et dominium Novae Sco-
tiac cum omnibus ejusdom limitibus infra praedicta niaria cunctisque aliis privilegiis
libertatibus immunitatibus casualitatibus aliisque supra cxprcssis pracfato Domino \ViI-
liclmo Alexander hacredibus suis et assignatis dc nobis et successoribus nostris in fcodo
haereditate libero dominio libera baronia ct rcgalitate imperpetuum modo supra men-
tionato per omnes rectas mctas ct limitcs suas prout jacent in longitudinc ct latitudine
in domibus acditiciis acdificatis ct aedificandis boscis planis moris marrcsiis viis semitis
aquis stagnis rivolis pratis pascuis ct pasturis molcndinis multuris ct eorum sequelis aucu-
pationibus venationibus piscationibus petariis ttirbariis carbonibus carbonariis cuniculis
cuniculariis columbis columbariis fabrilibus brasinis brucriis ct genistis silvis nemoribus
ct virgultis lignis tignis lapicidiis lapidc ct calce cum curiis ct eorum exitibus haerczcldis
amerciamentis bluidwitis et mulierum nierchetis cum communi pastura liberoque introitu
et exitu cum furca fossa sok sac thole theme vert venisoun infangtheiff outfangtheiff pit
et gallows ac cum omnibus aliis ct singulis libertatibus commoditatibus proHcuis asia-
mentis ac justis suis pertinentiis quibuscunque tarn non nominal quam nominat tam sub-
tus terra quam supra terrani procul et propc ad praedict dominium baroniam et regali-
tatem spectan sen juste spectare valen quomodolibet in futurum libere quietc plenarie
integre honorifice bene et in pace absque ulla revocatione contradictione impedimento
aut obstaculo quocunque Reddendo inde annuatim dictus Dominus Willielmus Alex-
ander suique praedict nobis nostrisque haeredibus et successoribus unum denarium mo-
netae regni nostri Scotiae super fundo diet terrarum ct provinciae Novae Scotiae ad fes-
tum Nativitatis Christi nomine albae ^rmae si petatur tantum Et quia tentione diet
terrarum et provinciae Novae Scotiae in alba firma ut praedicitur deficiente tempestivo
et legitimo introitu cujusvis haeredis vel haeredum dicti Domini Villielmi sibi succeden
quod difficulter per ipsos praestari potest ob longinquam distantiam ab hoc regno nostro
eaedem terrae et provincia ratione non-introitus in manibus nostris nostrorunive succes-

AITKNDIX.

be understood and explained in the most ample form, and in favour of the said Sir
William, and his foresaids. Further, we, of our certain knowledjje, proper motive,
authority, and royal power, have made, united, annexed, erected, created and incor-
])orated, and, by our present charter, make, unite, annex, erect, create and incor-
porate, all and whole the said province and lands of Nova Scotia, with all their
boundaries and seas, into one entire and free Lordship and Barony, to be called, in all
time coming, by the foresaid name of Nova Scotia ; and will and grant, and for us and
our successors decern and ordain, that one seisin now to be taken by the said Sir
M'illiam, and his foresaids, in manner following, shall, in all time coming, stand and
be sufficient seisin for the whole country, with all the parts, pendicles, privileges,
casualties, liberties and immunities thereof above mentioned, without any other special
or particular seisin by him and his foresaids, at any other part or place thereof; as to
which seisin, and all that may or can follow thereon, we, with advice and consent fore-
said, for us and our successors, have dispensed, and by our present charter in manner
under mentioned, for ever dispensed : To be holden, and to hold all and whole the said
country and lordship of Nova Scotia, with all the boundaries thereof, within the fore-
said seas, and all other privileges, liberties, immunities, casualties and others above
expressed, by the foresaid Sir William Alexander, his heirs and assignees, of us, and
our successors, in fee, heritage, free lordship, free barony, and regality for ever, in
manner above mentioned, by all their right meiths and marches, as they lie in length
and breadth, in houses, buildings, built and to be built, thickets, plains, muirs, marshes,
roads, footpaths, waters, pools, rivulets, meadows, grazings and pastures, mills, mul-
tures, and their sequels, hawkings, huntings, fishings, peat grounds, turf grounds,
coals, coal pits, rabbits warrens, pigeons, dovecots, forges, kilns, breweries, and broom,
woods, groves and shrubs, buried trees, timber, quarries, stone and lime, with courts
and their dues, herezelds, (heriots,) unlaws, fines, and raids of women, with common
pasture and free ish and entry, with gibbet, ditch, suit, liberty of pleas, toll, power of
having servants, forestry, venison, jurisdiction over thieves, taken within and without
the liberties, pit and gallows, and with all and sundry other liberties, commodities,
profits, easements, and their just pertinents whatsoever, as well not named as named,
under ground as above ground, far and near, belonging, or which may justly belong,
in any manner, for the future, to the foresaid lordship, barony and regality, freely,
quietly, fully, entirely, honourably, well, and peace, without any revocation, contra-
diction, impediment, or obstacle whatsoever : Giving, therefore, yearly, the said Sir
William Alexander, and his foresaids, to us, and our heirs and successors, one penny
Scots money, upon the ground of the said lands and province of Nova Scotia, at the
feast of the Nativity of Christ, in name of blench farm, if asked only : And because
by the holding of the said lands and province of Nova Scotia in blench farm,
failing the timely and lawful entry of any heir or heirs of the said Sir William
succeeding to him, which may with difficulty be performed by them, on account of the
long distance from this our kingdom, the said lands and province may, by reason of
non-entry, come into our, or our successors' hands, until the legal entry of the lawful

w 2

APl'IlNDIX.

j) I

I /»

I :

sonim dcvcnictit usque ad legitimum Icgitiini hncrcdis introitum ct nos iiolcntcs dictas
terras et rcgiouem quovis tempore iu non-iiitroitu cudere ueque dietum Duininuin Wil-
lielmuni suosquc pracdict beticficiis et prolicuis ejusdein eutenus frustrari idcirco iios
cuiM avisaniento praedict cum dicto non-introitu <|iiiiii(locuin|ue tontij;erit dispensavi-
miis tenoreqtie pnicscntis cartae iiostrae pro nobis et siitecssoribus nostris dispcusamus
ac etiam reiiuuciavimus ct exoneravimus tenoreque cjiisdeni cartao nostrac cum con-
sensu praedicto renunciamus et exoneramus dictum Domiumu Willielmum suosque
praedictos dc praefato noii-introitu ilictae proviuciae ct re«;iouis cum omni benefitio et
commoditatc eurundem firuiis pruficuis censibus ct devoriis hujusmodi cum omnibus
quae desuper sequi pussunt quundocunquc in manibus nnsMis devenient aut ratione
non-introitus cndcnt proviso tamen quod dictus Dominus Williclmus suique haercdes
ct assigiiati infra spntium septem annorum post dcccssum et obitum suorum praedeccs-
sorum aut introitum ad possessionem diet terrarum aliorumque praedict per ipsos vcl
eorum k'ij;itimos procuratores ad hunc effectum potestatcm habcntes nobis nostrisque
successoribus homagiiim faciant ct dictum dominium terras et baroniam aiiatjiiL' prae-
dict adcant et per nos recipientur secundum leges ct statuta dicti rcgni nostri .Scotiae
in quo(juidem casu baeredcs et assignati dicti Domini Willielmi Alexander nou obstan
praedicto non-introitu gaudebunt et possidebinit onnies ct singulas praedictas terras re-
gionem et dominium Novae Scotiae cum omnibus et singulis proficuis commoditatibus
beneliciis privilegiis et libertatibus earund ac si dictus non-introitus non fuisset vcl ac
si in non-introituni nunquam cecidissent Quai;quidem terrac regio ct dominium Novae
Scotiae ta\n terra firma quam insulae infra omncs et singulas dictas bondas ct maria
earund cum silvis piscationibus tarn in aquis salsis quam duleibus tam piscium regalium
quam aliorum cum margaritis pracciosis lapidibus venis mineralibus regiis auri et argenti
aliis mineralibus fcrri clialybis plumbi cupri acris stanni orichaici aliisque quibuscunque
ac omnibus privilegiis libertatibus inununitatibus praerogativis otliciis et jurisdictionibus
aliisque speeialiter et generaliter supra-recitat perj)rius ad diet Dominum Willielmum
Alexander suosquc haercdes et assignatos pertinucrunt et per ipsum suosquc procura-
tores suo nomine in manibus nostris debite et legitime resignatae fuerunt et hoc pro
novo nostro hacrcditario infeofamcnto earund in favorem dicti Domini Willielmi suo-
rumvc haeredum et assignatorum praedict in debita et compctenti forma ut congruit
conccdend tenend ut dictum est cum dispensatione non-introitus modo prescripto cum
contigerit Insuper nos cum avisaniento praescripto pro bono iidcli et gratuito scrvitio
nobis per dictum Dominum Willielmum Alexander praestito ct impenso ct respectu
habito magnarum et multarum expensarum et sumptuum confcrend et impendend in
plantatione diet bondarum dominii ct regionis Novae Scotiae et earund sub nostra obe-
dientia reduetione aliisque gravibus et causls onerosis De novo Dedimus coneessimus
et disposuimus tenoreque praesentis cartae nostrae Damns coneedimus et disponimus
praefato Domino Willielmo Alexander suisque haeredibus ct assignatis hacreditarie
Onme et singulas praedictas terras dominium et regionem Novae Scotiae una cum om-
nibus et singulis castcllis turribus fortaliciis mancrierum locis domibus acdiliciis ex-
structis et exstruendis hortis pomariis plantatis et plautp'ulis toftis eroftis pratis pascuis

AIM'l'.NDIX.

!•;{

,rie
m-

uis

heir ; and wc, hciii}^ iinuilliiij; that thi; said lands and ((^iintry shall, at any tinii.', fall
in non-entry, or that the said Sir William, and his foresaids should he so far disap-
pointed of the hent'fits ajid prolits of tlu" same, \\v, with advice foresaid, have dispen-
sed, and, l)y our present charter, for us and our successors, dispense with the said non-
entry whensoever it shall hajjpen ; as also wo have renounet-d and exonerated, and, hy
our said charter, with consent foresaid, renounce and exonerate the said .Sir William,
and his foresaids, of the uforesaitl non-entry of the said province and country, with all
hencfit and advantage thereof, farms, profits, taxations and duties whatsoevir, with all
that can follow thereupon, whensoever they shall, hy reason of non-entry, conie or fall
into our hands, provided, however, the said Sir William, and his heirs and assiu;nees,
within the space of seven years after the decease and death of their predecessors, or
entry to possession of the said lands and others foresaid, hy themselves, or their law-
ful procurators, having power for this i fleet, do homage to us and our successors, and
enter to the said lordship, lands and harony, and others foresaid, and shall he re-
ceived hy us, according to the laws and statutes of our said kingdom of Scotland ; iu
which case the heirs and assignees of the said Sir William Alexander shall, not-
withstanding the foresaid non-entry, enjoy and possess all and sundry the foiesaid
lands, country, and lordship of Nova Scotia, with all and sundry profits, com-
modities, benefits, privileges, and liberties of the same, as if the said non-entry had
never happened, or as if they had never fallen in non-entry : Which lands, coun-
try, and lordship of Nova Scotia, as well main land as islands, within all and sundry
the said bounds and seas thereof, witii the woods, fishings, as well in salt waters
as in fresh, of royal fishes as of others, with pearls, precious stones, veins, royal
minerals of gold and silver, other minerals of iron, steel, lead, copper, brass, tin,
mountain brass, and others whatsoever ; and all privileges, liberties, imnninities,
prerogatives, offices and jurisdictions, and others, specially and generally, above
recited, formerly belonged to the said Sir William Alexander, and his heirs and
assignees, and were by him and his procurators, in his name, duly and law-
fully resigned in our hands ; and that for our new heritable infeftment of the same to
be granted in favour of the said Sir William, or his heirs and assignees foresaid, in due
and competent form, as accords, to be holden, as said is, with dispensation of non-entry,
in manner before written, when it shall happen. JNIoreover, we, with advice before
written, for the good, faithful, and willing service performed and rendered to us by
the said Sir William Alexander, and respect being had to the great and manifold ex-
penses and charges bestowed and expended in the plantation of the said bounds of the
lordship and country of Nova Scotia, and reduction of them, under our obedience, and
lor other weighty and onerous causes, have of new given, granted, and disponed, and,
hy our present charter, give, grant, and dispone to the before-mentioned Sir William
Alexander, and his heirs and assignees, heritably, all and sundry the foresaid lands,
lordship, and country of Nova Scotia, together with all and sundry castles, towns, for-
talices, manor places, houses, buildings, built and to he built, gardens, orchards, plant-
ed and to be planted, tofts, crofts, meadows, grazings, woods, slirubs, mills, multures,

]

APPENDIX.

silvis virgultis molendinis multuris teiris molendinai'iis piscationibus tam rubrorum
(juam aliorum piscium salinonum piscium tam inagnorura quam minutorum tam in aquis
sulsis quam duicibiis una cum omnibus et singulis decimis garbalibus earundem inclusis
tam magnis quam minutis cum advocationc donatione beneficiorum ccclesiarum et ca-
pellaniarum et juribus patronatuum earund annexis connexis dcpendentiis tenentibus
tcnandiiis et libere tcnentium seivitiis earund Una cum omnibus et singulis praecio-
sis lapidibus gcmmis cristallo alumine corallio et aliis cum omnibus et singulis minera-
libus venis et lapicidiis earund tam mctallorum et mineralium regalium et regiorum
auri ct argenti infra dictas bondas et dominium Novae Scotiac quam aliorum mineralium
terri chalybis stanni plumbi cupri aeris orichalci aliorumque mineralium quorumcunquc
cum omnibus et singulis partibus pendiculis pertinentiis privilegiis libertatibus et im-
uiunitatibus omnium et singuiarum praedictarum terrarum dominii et regionis Novae
Scotiae cum plena potestatc et privilegio dictc Domino Willielmo Alexander hae-
rcdibus suis et assignatis tentandi et investig^mdi fodiendi et scrutandi fundum
])ro cisdem et extrahendi eadem purgandi repurgandi et purificandi eadem utendi con-
vertendi ac suis propriis usibus applicandi (reservata solummodo nobis nostrisque suc-
cessoribus decima parte regalium metallorum vulgo appellat The ore auri et argenti
inveniend et extraliend in posterum de dictis terris et regione) et roliqua diet metal-
lorum mineralium praeciosorum lapidum gemmarum ac aliorum quorumcunque dicto
Domino Willielmo Alexander suisque haeredibus et assignatis pertinebunt cum ipsis
perpetuo remanend eorumque propriis usibus convertend cum omnibus proficuis et de-
voriis earund Cum potestate dicto Domino Willielmo Alexander suisque haeredibus
et assignatis condendi extruendi et erigendi in et infra omnes bondas dictae regionis
sicuti iis vidcbitur expediens civitates liberos burgos baroniae villas villulas sinus portns
staticnes navium et designandi nundinas et macella tam in villis quam extra et im-
ponendi levandi ct recipiendi omnes et quascunque tolonias custumas anchoragia alias-
que dcvorias earundem civitatum burgorum baroniae villarum villularum nundinarum
maceliorum liberorum portuum sinuum navium stationum cum omnibus et singulis
casualitatibus proficuis et devoriis quibuscunque iLi easdem civitates et burgos ador-
nandi tai.. infra burgos quam extra cum suflScientibus et habilibus magistratibus pacis
justiciariis praepositis balivis senioribus constabulariis aliisque officiariis civibus burgen-
sibus liberis ct manufactoribus artificibus omnium generum cum decanis ipsorum aliis-
que ad hoc requisitis cum plenaria potestate privilegio et libertate iis eorumve liberis
civibus et burgensibus vendendi vinum et ceram salmones haleces aliaque stapuli bona
et mercimonia tam magna quam minuta Et extruendi ecclesias capellas xenodochia
lie hospitallis and maisoim dieues cruces forales campanilia campanas aliaque omnia
crnamenta ordinaria eisdem spectantia et plantandi et sufficienter providendi easdem
ecclesias cum sufficientibus doctoribus praedicatoribus pastoribus et ministris Et simi-
liter erigendi fundandi et extruendi scholas triviales collegia et uuiversitates sufficien-
ter provisas cum habilibus et sufficientibus magistris rectoribus regentibus professoribus
omnium scientiarum literarum linguarum et scrmonum et providendi pro sufficiento
alimento stipendiis et victu pro eisdem ad hunc effectum ac etiam erigendi praelatos

APPENDIX.

li.i

mill lands, fishings, as well of red as of other fishc-,, salmon, large fish as small, in salt
water as in fresh, together with all and sundry tcind sheaves thereof included, as well
great as small, with the presentation, gift of benefices, churches, and chapels, and
rights of patronage thereof, annexes, connexes, dependencies, tenants, tenantries, and
services of free tenants of the same ; together with all and sundry precious stones,
jewels, crystal, alum, coral, and others, with all and sundry minerals, veins, and quar-
ries thereof, as well of regal and royal metals and minerals of gold and silver within
the said bounds and lordship of Nova Scotia, as of other minerals of iron, steel, tin,
copper, brass, mountain brass, and other minerals whatsoever, with all and sundry parts,
pendicles, pertinents, privileges, liberties, and immunities of all and sundry the fore-
said lands, lordship, and country of Nova Scotia, with full power and privilege to the
said Sir William Alexander, his heirs and assignees, of trying and searching, digging
and examining the ground for the same, and extracting, cleansing, refining, and purify-
ing them, and using, converting, and applying them to their own proper uses, (the tenth
part of the royal metals, commonly called the ore of gold and silver, hereafter to be found
and extracted out of the said lands and country, qnly, being reserved to us and our succes-
sors), and the remainder of the said ractals, minerals, precious stones, jewels, and others
whatsoever, to belong to the said Sir William Alexander, and his heirs and assignees, to
remain for ever with them, and be, with all profits and duties thereof, converted to
their own proper uses ; with power to the said Sir William Alexander, and his heirs and
assignees, of building, constructing, and erecting upon and within all the bounds of
the said country, as shall seem to them expedient, cities, free boroughs of barony, towns,
villages, harbours, ports, naval stations; and of appointing fairs and markets, as well
within the towns as without, and imposing, levying, and receiving all and whatsoever
tolls, customs, anchorages, and other dues of the said cities, boroughs of barony, towns,
villages, fairs, markets, free ports, harbours, naval stations, with all and sundry casual-
ties, profits and duties whatceever ; And furnishing the said cities and boroughs, as
well within borough as without, with sufficient and able magistrates, justices of the
peace, provosts, bailies, aldermen, constables, and other officers, citizens, free bur-
gesses, and manufacturers, crafts of all kinds, with their deacons, and others, thereto
requisite, with full power, privilege, and liberty to them, or their children, citizens,
and burgesses, to sell wine and wax, salmon, herrings, and other staple goods and
merchandizes, as well great as small, and constructing churches, chapels, hospitals,
maison dieus, market crosses, belfries, bells, and all other ordinary ornaments thereto
belonging, and planting the said churches, and sufficiently providing them with suffi-
cient teachers, preachers, pastors, and ministers : And in like manner of erecting,
founding, and constructing common schools, colleges, and universities, sufficiently
provided with able and sufficient masters, rectors, regents, professors of all sciences,
letters, languages, and instruction ; and of providing for sufficient maintenance,
salaries and living for them to this effect : As also of erecting prelates, archbishops,

I't

inte

It OS

!)(>

APPENDIX.

i ,1) I ,

arcliiepiscopos cpiscopos rcctores et vicarios parochiarum et ecclesianim parochialiuni
ft distribucncli et dividendi omnes pracdict bondas diet regionis in diversis ct distinctis
vicccomitatibus provinciis et parochiis pro mcliori provisione ecclcsiarinn et niinisterii
divisione viceconiitatuum et oniiii alia civili politia Et similiter fundandi erigendi et
institucndi scnatuni justiciac loca et justiciue collegia consilii et sessionis senatores
earundem membra pro justiciae admiuistrationc intra dictam regionem aliaque justiciae
et jiidicaturae loca I'raeterea erigendi et designandi tarn secreta et privata con-
siiia ct sessioncs pro publico bono ct commodo dictae regionis et dand et con-
cedend titulos honorcs et dignitates mcmbris earundem et creand clericos et earun-
dem membra et designand sigilla et registra cum ipsorum custodibus Et etiam
erigendi ct institucndi officiarios status cancellarium thcsaurarium computorum ro-
tulatorem collcctorcm sccretarium advocatum vel actornatum generalem clericum vel
clericos registri ct rotulorum custodes justiciariae clericum directorem vel directores
cancellariac conservatorcm vel conservatores privilcgiorum dictae regionis advocates
procuratores causarumque patronos earundemquc solicitatores et agentes aliaque
membra neccssaria Et similiter conyocandi congregandi et constituendi conven-
tiones et congregationcs ecclesiasticorum praelatorum tam generales speciales vel pro-
vinciales conventiones quam alias pro politia et disciplina ecclesiastica et authorizandi
ratidcandi et confirmandi easdem conventiones consilia et congregationcs cum actis sta-
tutis et decretis inibi conclusis pro eorundem meliori authoritate Praeterea fecinius
constituimus ct ordinavimus tenorequc praesentis cartae nostrae facimus constituimus
ct ordinamus dictum Dominum Willielmum Alexander suosque haeredes et assignatos
nostros nostrorumve haeredum et succcssorum Locum tenentes generales ad reprae-
scntandum nostram regalem personam tam per mare quam terram totius et integrae
dictae regionis et dominii Novae Scotiae tam durante spatio quo ibi remanebit quam in
itinere ipsius vel eorum ad dictam regionem vel ab eadem et post ipsorum reditum
continuo sine intervallo temporis aut loci excludendo omnes alios vel per mare vel per
terram ab usurpatione hujus contrarii vel ab acclamatione alicujus juris beneficii autlio-
ritatis et interesse infra dictas bondas et dominium Novae Scotiae vel alicujus judica-
turae aut jurisdictionis eatenus virtute alicujus praecedcntis aut subsequentis juris aut
tituli cujuscunque Et cum speciali potestate dicto Domino Willielmo Alexander suis-
que praedictis gubernandi regendi puniendi et condonandi omnes nostros subditos
aliosque diet bondarum et regionis Novae Scotiae iuhabitantes aut ibi proficiscentcs
pacis aut legum transgressores ac faciendi sanciendi et stabiliendi ibidem leges tam
civiles quam criminales cum legibus justiciariae admiralitatis senescallatus regalitatis et
vicccomitatus pro eorum bene placito modo eaedem leges tam conformes sint legibus
Scotiae quam convenientcr fieri potest respectu liabito clrcumstantiarum loci regionis
personarum et qualitatnm earundem Et similiter designandi gubernatores imperatores
et ductores omnium et singularum praedictarum civitatum burgorum portuum navium
stationum et sinuum et capitaneos etiam castrorum fortaliciorum et propugnaculoruin
tam per mare et prope littus quam per terram bene ct sufficienter muniti instructi ct
fortificati militum turmis et copiis pro manutentione defensione et praeservatioiie

APPENDIX.

bishops, rectors and vicars of parishes, and parish churches, and distributing and
dividing all the foresaid bounds of the said country into divers and distinct shires,
provinces, and parishes, for the better provision of the churches and ministry, division
of the shires, and all other civil police : And likewise of founding, erecting, and insti-
tuting a senate of justice, places, and colleges of justice, senators of council and session,
members thereof, for the administration of justice within the said country, and other
places of justice and judicature : Further, of erecting and appointing secret and privy
councils and sessions for the public good and advantage of the said country, and
giving and granting titles, honours, and dignities to the members thereof, and creating
their clerks and members, and appointing seals and registers with their keepers : And,
also, of erecting and instituting officers of state, a chancellor, treasurer, comptroller,
collector, secretary, advocate or attorney general, clerk or clerks, register and keepers
of the rolls, justice clerk, director or directors of chancery, conservator or conservators
of privileges of the said country, advocates, procurators, and pleaders of causes, and
solicitors, and agents thereof, and other members necessary : And, likewise, of gather-
ing, collecting, and appointing meetings and assemblies of ecclesiastical persons and
prelates, as well general, special, or provincial meetings as others, for ecclesiastical
police and discipline, and authorising, ratifying, and confirming the said meetings,
councils, and assemblies, with acts, statutes, and decrees thereon concluded, for the
better authority of the same : Further, we have made, constituted, and appointed, and,
by our present charter, make, constitute, and appoint the said Sir William Alexander,
and his heirs and assignees, our and our heirs and successors Lieutenants General, to
represent our royal person, as well by sea as by 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 right, benefit, authority, and interest within the said
bounds and lordship of Nova Scotia, or to any judicature or jurisdiction heretofore in
virtue of any foregoing or subsequent right or title whatsoever : And, with special
power to the said Sir William Alexander, and his foresaids, of governing, ruling,
punishing, and pardoning all our subjects, and other inhabitants of the said bounds
and country of Nova Scotia, or persons going thither, violators of the peace, or of
the laws, and of making, sanctioning, and establishing laws there, as well civil as cri-
minal, with laws of justiciary, admiralty, stewardship, regality, and sheriffship, at their
good pleasure, provided the said laws be as conformable as possible to the laws of
Scotland, respect being had to circumstances, place, country, persons, and their quali-
ties : And, likewise, of appointing rulers, commanders, and heads of all and sundry
the foresaid cities, borou.(rhs, ports, naval stations, and harbours, and also captains of
castles, fortalices, and fortresses, as well by sea and near the shore as by land, well and
suflBciently provided, appointed, and fortified with troops of soldiers and forces, for the
maintenance, defence, and preservation thereof, and the repelling of all domestic as

i-l

Vi-.

APPENDIX.

earundcm et repulsionc omnium tarn domesticarum quam extranearum invasionum
earund ct convocandi congrcgandi et convenire facicndi omnes inhabitantes dictae re<
gionis ad cffectum praescriptum omnibus occasionibus neccssariis ac pro repulsione et
resistantia omnium aliarum virium et violentiarum quaruracunque Et pro meliori for-
tificatione diet dominii et rcgionis Novae Scotiae cum potestate dicto Domino WillieK
mo Alexander suisque praedict transportandi de dicto regno aliisve bondis convenien*
tibus omnia genera munitionis magna et minuta tormenta majora media vulgo cannO'
nis demi-cannonis zetlingis falconis aeris et ferri sclopetos atque alia instrumenta et
belli machinas cum sclopetis minoribus vulgo muskettis hagbuittis half-haggis bom-
bardis vulgo pistolettis pulvere globulis aliisque necessariis victualibus et armis tarn of-
fensivis quam defensivis et gerendi et utendi talibus armis tam infra dictam regionem
Novae Scotiae quam in eorum transitu et cursu vel ad easdem terras vel ab eisd cum
eorum comitibus sociis et dependentibus Nos etiam cum avisamento praedicto feci-
mus constituimus et ordinavimus tenorequc praesentis cartae nostrae facimus consti-
tuinius et ordinamus dictum Dominum Willielmum Alexander suosque haeredes et
assignatos haereditarie nostros Justiciarios Geneuales in omnibus causis criminali-
bus infra dictam regionem et dominium Novae Scotiae Magnum Admirallum et
Dominum Regalitatis ct Admiralitatis infra dictam regionem Haereditarios etiam
Senescallos ejusd omniumque et singularum regalitatum hujusmodi cum potestate
sibi suisque haeredibus ct assignatis utendi exercendi et gaudendi omnibus et singulis
praefatis jurisdictionibus judicaturis et officiis cum omnibus et singulis privilegiis
praerogativis immunitatibus et casualitatibus earund similiter et adeo libere quam
aliquis alius justiciarius vel justiciarii generales senescalli admiralli vicecomites
aut domini regalitatis habuerunt vel habere possunt aut possidere et gaudere iisdem
jurisdictionibus judicaturis officiis dignitatibus et praerogativis in aliquibus nostris reg-
nis bondis et dominiis nostris quibuscunque Cum potestate dicto Domino Willielmo
Alexander suisque haeredibus et assignatis constituendi erigendi nominandi et creandi
clericos officiarios serjandos adjudicatores omniaque alia curiae membra omnium et sin-
gularum praefatarum judicaturarum et jurisdictionum respective cum omnibus feodis
devoriis et casualitatibus eisd spectan prout iis videbitur expediens sine praejudicio
omnimodo omnium aliorum infeofamentorum jurium vel dispositionum per nos nos-
trosve praedecessores cuicunque personae vel quibuscunque personis qui participes sunt
vel erunt dictae plantationis Novae Scotiae proceden supra resignationem dicti Domini
Willielmi Alexander solummodo et non aliter de quibuscunque partibiis aut portioni-
bus dictae regionis et dominii Novae Scotiae cum privilegiis et immunitatibus in
ipsorum infeofamentis mentionat Et quum ratione longi intervalli et distantiae
dictae regionis et dominii Novae Scotiae a dicto antiquo regno nostro Scotiae et quod
eadem regio neque facile nequc commode nisi aestatis tempore peti potest quodque
eadem regio publicis tabellionibus et notariis requisitis pro sasinis sumendis omnino
est destituta adeo ut sasina commode super fundum dictae regionis omnibus tem-
poribus capi non potest atquc etiam respectu habito magnorum et multifariorum
incommodorum quae cadere possunt in defcctu tempestivae sasinae sumendae super
hoc praesens diploma et super alias cartas et similia infeofamenta concess et con-
ccdend de pracdictis terris et dominio Novae Scotiae vel aliqua earundem parte

APPENDIX.

well as foreign invasions of the same ; and of gathering, assembling, and making all
the inhabitants of the said country meet together, for the purpose before written, on
all necessary occasions, and for the repelling and resisting of all other force and
violences whatsoever : And with power to the said Sir William Alexander, and his
foresaids, for the better fortifying of the said lordship and country of Nova Scotia, of
transporting from the said kingdom, and other bounds convenient, all sorts of munitions,
great and small, greater ordnance, cannons, demi-cannons of cast iron, swords, guns of
brass and iron, and other instruments and engines of war, with small guns, commonly
called muskets, hagbuts, half haggs, pistols, powder, balls, and other necessary provi-
sion and arms, as well offensive as defensive, and wearing and using such arms, as well
within the said country of Nova Scotia, as in their passage and progress to the said lands,
or from them, with their companions, associates, and dependents : Also we, with advice
foresaid, have made, constituted and appointed the said Sir William Alexander, and his
heirs and assignees, heritably, our Justices General, in all criminal causes, within the
said country and lordship of Nova Scotia, High Admiral, and Lord of Regality and
Admiralty, within the said country, hereditary High Stewards, also, thereof, and of all,
and sundry such regalities, with power to him, and his heirs and assignees, of using,
exercising, and enjoying all and sundry the foresaid jurisdictions, judicatures, and
ciBc^s, with all and sundry privileges, prerogatives, immunities, and casualties thereof,
in like manner, and as freely as any other Justice or Justices General, High Stewards,
Admirals, 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 ; with power to the said Sir William Alex-
ander, and his heirs and assignees, of constituting, erecting, nominating, and creating
clerks, officers, macers, apprisers, and all other members of court of all and sundry the
foresaid judicatuies and jurisdictions respectively, with all fees, dues, and emoluments,
thereto belonging, as shall seem to them expedient ; without prejudice always to all
other infeftments, rights, or dispositions, by us, or our predecessors, to whatsoever per-
son or persons, who are or shall be portioners of the said plantation of Nova Scotia,
proceeding upon the resignation of the said Sir William Alexander only, and not other-
wise, of whatsoever parts or portions of the said country and lordship of Nova Scotia,
with the privileges and immunities mentioned in their infeftments : And seeing by
reason of the great remoteness and distance of the said country and lordship of Nova
Scotia, from our said ancient kingdom of Scotland, both that the said country can neither
easily nor conveniently be reached except in the summer time ; and that the said
country is altogether destitute of public scriveners and notaries, requisite for taking
seisins, so that seisin, at all times, cannot conveniently be taken on the ground of the
said country } and also, respect being had to the great and manifold disadvantages which
may result, by default, of timely seisin being taken upon this present Patent, and upon
other charters, and similar infeftments granted, and to be granted, of the foresaid lands
and lordship of Nova Scotia, or any part thereof : Therefore, that this, our present

,i|i|

< I

■

100

APPENDIX.

his

lull,

igitur ut pracscns hacc nostra carta magis sit efficax ct ut sasina desupcr magii<
commode capi possit necessarium est ut sasina sumatur omnium et singularum praedic-
tarum terrarum diet regionis et dominii Novae Scotiae infra dictum regnum nostrum
Scotiae et super funda et terras ejusd in magis eminente ejusd loco quod nee convenien-
ter nee legitime fieri potest sine expressa unione dictae regionis et dominii Novae Sco-
tiae dicto regno Scotiae quocirca et pro faciliori commodo et convenientia antedictae
sasinae nos cum avisamento praedicto annexavimus univimus et incorporavimus tenore-
que praesentis cartae nostrae unimus annexamus et incorporamus dicto regno nostro
Scotiae totam et intcgram pracdictam regionem et dominium Novae S :otiae cum deci-
mis et decimis garbalibus earund inclusis et omnibus et singulis partibuii pertinentiis pri-
vilegiis jurisdictionibus ct libertatibus earundem aliisque generaliter et specialiter supra
mentionat Et per praesentis cartae nostrae tenorem volumus declaramus decernimus et
ordinamus quod unica sasina nunc capienda apud castellum nostrum de Edinburt tan-
quam maxime eminentem et principalem locum dicti regni nostri Scotiae de omnibus et
singulis dictis terris regione et dominii Novae Scotiae vel aliqua earund parte cum de-
cimis et decimis garbalibus earund respective inclusis est et erit sufficiens sasina pro totis
et integris praedict terris regione et dominio Novae Scotiae cum decimis et decimis gar-
balibus earund inclusis vel aliqua earund parte terrarum ct regionis prescript et omnibus
privilegiis jurisdictionibus et libertatibus ejusd respective aliisque specialiter et generali-
ter supranientionat non obstante quod eaedem tcrrae regio et dominium Novae Scotiae
longe distet et discontigue jaceat a dicto regno nostro Scotiae penes quod nos cum avi-
samento et consensu praedicto dispensnvimus tenoreque praesentis cartae nostrae dispen-
Scimus iinperpetuum sine praejudicio et derogatione omnimodo diet privilegii et praero-
gativi praefato Domino Willielmo Alexander suisque haeredibus et assignatis concess
pro confectione et stabilimento legum actorum et constitutionum omnium et singularum
praedict terrarum regionis et dominii Novae Scotiae tarn per mare quam per terram Et
per praesentis cartae nostrae tenorem declaramus quod non obstante dicta unione (quae
concedi solummodo declaratur pro commoditate et convenientia sasinae) eadem regio et
dominium Novae Scotiae judicabitur regetur et gubernabitur per leges et constitutiones
fact fiend constituend et stabiliend per dictum Dominum Willielmum Alexander suos-
que haeredes et assignatos spectan ad dictam regionem et dominium Novae Scotiae simi-
liter et adeo libere in eo respectu sicuti eadem unio nunquam fuisset facta nee eatenus
concessa Et praeterea non obstante praedicta unione licitum erit praedicto Domino
Willielmo Alexander suisque haeredibus et assignatis dare concedere et disponere aliquas
partes vel portiones diet terrarum regionis et dominii Novae Scotiae iis haereditarie
spectan ad et in favorem quarumcunque personarum eorum haeredum et assignatorum
haereditarie cum decimis et decimis garbalibus earund inclusis (modo nostri sint subditi)
tenend de dicto Domino Willielmo Alexander vel de nobis et nostris successoribus vel
in alba firma feudifirma vel warda et relevio pro eorum beneplacito et intitulare et deno-
minare easdem partes et portiones quibuscunque stilis titulis et designationibus iis visum
fuerit aut in libito et optione dicti Domini Willielmi suorumque praedictorum quaequi-
dem infeofamenta et dispositiones per nos nostrosve successores libere sine aliqua compo-
sitione propterea solvend approbabuntur et confirmabuntur Insuper nos nostrique suc-
cessores quascunque resignationes per dictum Dominum Willielmum Alexander suosque

APPENDIX.

101

charter, may be more effectual, and that seisin thereupon may be more conveniently
taken, it is necessary, that seisin of all itnd sundry the foresaid lands of the said country
and lordship of Nova Scotia, be taken within our said kingdom of Scotland, and on the
grounds and lands of the same, in the most eminent place thereof, which can neither
conveniently nor lawfully be done without an express union of the said country and
lordship of Nova Scotia ^o the said kingdom of Scotland : Wherefore, and for the ad-
vantage and readier convenience of the aforesaid seisin, we, with advice foresaid, have
annexed, united, and incorporated, and, by our present charter, unite, annex, and in-
corporate with our said kingdom of Scotland all and sundry the foresaid country and
lordship of Nova Scotia, with the teinds and teind sheaves thereof included, and
all and sundry parts, pertinents, privileges, jurisdictions, and liberties of the same,
and others generally and specially above mentioned ; and, by our present charter,
will, declare, decern, and ordain, that one seisin, now to be taken at our Castle of Edin-
burgh, as the most eminent and principal place of our said kingdom of Scotland, of all and
sundry the said lands, country, and lordship of Nova Scotia, or any part of the same, with
the teinds and teind sheaves thereof included, respectively, is, and shall be sufiicient seisin
for all and whole the foresaid lands, country and lordship of Nova Scotia, with the
teinds and teind sheaves thereof included, or any part of the said lands and country
aforesaid, and all the privileges, jurisdictions and liberties thereof respectively, and
others specially and generally above mentioned, notwithstanding the said lands, country
and lordship of Nova Scotia are far distant, and lie discontiguous from our said kingdom
of Scotland ; as to which, we, with advice and consent foresaid, have dispensed, and by
our present charter for ever dispense ; without prejudice and derogation always to the
said privilege and prerogative granted to the foresaid Sir William Alexander, and his
heirs and assignees, of making and establishing laws, acts and statutes, concerning all
and sundry the foresaid lands, country and lordship of Nova Scotia, as well by sea as
by land : And by our present charter, we declare, that notwithstanding the said union,
(which is declared to be granted solely for the advantage and convenience of seisin,) the
said country and lordship of Nova Scotia shall be judged, ruled and governed by the
laws and statutes made, and to be made, constituted, and established by the said Sir
William Alexander, and his heirs and assignees, relating to the said country and lord-
ship of Nova Scotia, in like manner, and as freely, in that respect, as if the said union
had never been made, or hitherto granted : And further, notwithstanding the foresaid
union, it shall be lawful to the foresaid Sir William Alexander, and his heirs and assig-
nees, to give, grant and dispone any parts or portions of the said lands, country and
lordship of Nova Scotia, heritably belonging to them, to and in favour of whatsoever
persons, their heirs and assignees heritably, with the teinds and teind sheaves thereof
included, (provided they are our subjects,) to be holden of the said Sir William Alex-
ander, or of us, and our successors, either in blench farm, feu farm, or in ward and re-
lief, at their pleasure ; and to entitle and denominate the said parts and portions,
by whatsoever styles, titles, and designations shall seem to them fit, or be in the will
and option of the said Sir William, and his foresaids, which infeftments and dispositions
shall be approved and confirmed by us or our successors freely, without any composition
to be paid therefor : Moreover, we, and our successors, shall receive whatsoever resigna-
tions shall be made by the said Sir William Alexander, and his heirs and assignees, of

102

APPENDIX.

haercdcs et nssignatos ficndns dc totis ct intcgris pracfutis terris ct doininio Novae Sco<
tiae vel alicujus carund partis in manibus nostris nostrorumque successorum et coramis-
sionariorum praedict cum decimis et dccimis garbalibus earund inclusis aliisque genera-
liter et specialiter supra mentionat recipieinus ad ct in favorcm cujuscunque personae aut
quarumcunque personarum (modo nostri sint subditi ct sub nostra obedientia vivant) et
desupcr infcofamenta expedient tenend in libera alba firnia dc nobis haeredibus et suc-
cessoribus nostris modo supra mentionat libere sine uUa compositione Quaequidem
terrae regio et dominium Novae Scotiae cum dccimis garbalibus carund inclusis omnes*
que et singulae partes pcndicula ct pertinentiae privilcgia jurisdictioncs praerogativae et
libertates earund aliaque specialiter et generaliter supra mentionat una cum omni jure
titulo intcressc jurisclameu tam petitorio quam possessorio quae nos nostrive praedeces.
sores aut successores habuimus habemus vel quovismodo habere clamare aut praetendere
potuimus ad easdem vel aliquam carund partem aut ad census firmas proRcua et devorias
earundem de quibuscunque annis aut terminis praeteritis pro quacunquc causa vel occa-
sione nos cum avisamento praedict pro rationibus supra mentionatis de novo damus con-
cedimus et disposuimus praedicto Domino Wiliielmo Alexander suisque haeredibus et
assignatis haereditarie imperpetuum renunciando ct exonerando iisdem simpliciter cum
omni actione et instantia eatenus competenti ad ct in favorem dicti Domini Willielmi
Alexander suorumque haeredum et assignatorum tam pro non solutione devoriarum in
ipsorum originalibus inf'eofamentis content quam pro non praestatione debiti homagii
eisdem conforraitcr aut pro non perimpletione alicujus puncti dicti originalis infeofamenti
aut pro commissione alicujus culpae aut facti omissionis vel commissionis iisdem praeju-
dicabili et unde idem originate infeofamentum legitime impugnari aut in questionem duci
in posterum quovismodo possit acquietando et remittendo iisdem simpliciter cum omni
titulo actione instantia et interesse eatenus competenti aut quae nobis nostrisque haere-
dibus et successoribus competcre potest renunciando iisdem simpliciter jure lite et causa
cum pacto de non petendo ac cum supplemento omnium defectuum tam non nominal
quam nominat quae nos tanquam pro expressis in hac praesenti carta nostra haberi volu<
mus tenend in libera alba firma ut dictum est et dispensando cum non-introitu quando-
cunque contigcrit modo praedicto Insuper nos pro nobis et successoribus nostris cum
avisamento praedicto damus concedimus et committimus potestatem dicto Domino Wil-
iielmo Alexander suisque haeredibus et assignatis habendi et legitime stabiliendi et cudere
causandi monetam currentem in diet regione et dominio Novae Scotiae et inter inhabitantes
ejusd pro faciliuri commercii et pactionum commodo talis metalli formae et modi sicuti ipsi
designabunt aut constituent et ad hunc efFectum damus concedimus et committimus iis
eorumve haeredibus et assignatis dictae regionis Locum tenentibus privilegia monetam
cudendi cum instrumentis ferreis et officiariis ad hunc effectum necessariis Fraeterea nos
pro nobis et successoribus nostris cum avisamento praedicto dedimus concessimus ratificavi-
mus et confirmavimus ac per praesentis cartae nostrae tenorem damus concedimus ratifica-
mus et confirmamus dicto Domino Wiliielmo Alexander suisque haeredibus et assignatis
omnia loca privilegia praerogativas praeeminentias et praecedentias quascunque dat concess
et reservat vel dand concedend et reservand dicto Domino Wiliielmo Alexander suisque
haeredibus et assignatis ej usque successoribus Locum tenentibus dictae regionis et do-
minii Novae Scotiae per Equites auratos Baronettos reliquosque portionarios et consortes
dictae plantationis adeo ut dictus Dominus Willielmus Alexander suique haeredes mas-

APPENDIX.

108

ique
do.

all and whole the foresaid lands and lordship of Nova Scotia, or of any part thereof in our
hand, and (those) of our successors and Commissioners foresaid, with the tcinds and
teind sheaves thereof included, and others generally and specially above mentioned, to and
in favour of whatsoever person or persons, (provided they arc our subjects, and live under
our obedience) ; And they shall pass infeftments thereon, to be holdcn in free blench
farm, of us, our heirs and successors, in manner above mentioned, freely, without any
competition ; which lands, country, and lordship of Nova Scotia, with the teind sheaves
thereof included, and all and sundry parts, pendicles and pertinents, privilc<rcs, jurisdic-
tions, prerogatives and liberties of the same, and others, specially and generally above
mentioned, together with all right, title, interest, claim of right, petitory, as well as
possessory, which we, or our predecessors or successors, had, have, or any way could have,
claim, or pretend thereto, or to any part of the same, or to the maills, farms, profits and
duties thereof, of whatsoever years, or terms bygone, for whatsoever cause or occasion,
we, with advice foresaid, for the reasons above mentioned, of new, give, grant and dis-
pone to the foresaid 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 William Alexander and his heirs
and assignees, as well for non-payment of the duties contained in their original infeft-
ments, as for non-performance of due homage, conform thereto, or for non-fulHImcnt of
any point of the said original infeftment, or for commission of any fault or deed of
omission or commission prejudicial thereto, and whereby the said original infeftment
may, in any way, be lawfully impugned or called in question, for ever acquitting and remit-
ting the same simpliciter, with all title, action, instance and interest, heretofore compe-
tent, or that may be competent to us, and our heirs and successors, renouncing the same
simpliciter jure lite et causa cum pacto de non petendo, and with supplement of all de-
fects, as well not named as named, which we will to be held, as expressed in this our
present charter. To be holden in free blench farm, as said is, and dispensing with non-
entry, whensoever it shall happen, in manner foresaid : Moreover, we, for us and our suc-
cessors, with advice foresaid, give, grant and commit power to the said Sir William Alex-
ander, and his heirs and assignees, of having and lawfully establishing and causing to be
coined current money, in the said country and lordship of Nova Scotia, and for the readier
convenience of commerce and bargains amongst the inhabitants thereof, of such metal,
form and fashion as they shall design or appoint j and for this effect, we give, grant
and commit to them, or their heirs and assignees. Lieutenants of the said country, the
privileges of coining money with iron instruments, and with officers necessary for that
purpose : Further, we, for us and our successors, with advice foresaid, have given, grant-
ed, ratified, and confirmed ; and by our present charter, give, grant, ratify, and confirm
to the said Sir William Alexander, and his heirs and assignees, all places, privileges,
prerogatives, pre-eminences, and precedencies whatsoever, given, granted, and reserved,
or to be given, granted, and reserved to the said Sir William Alexander, and his heirs and
assignees, and his successors. Lieutenants of the said country and lordship of Nova Scotia,
over the Knights, Baronets, and remanent portioners, and associates of the said plan-
tation, so as the said Sir William Alexander, and his heirs-male descending of his body,

104

ArPKNDIX.

{■\ .

/'..,

culi do corpore suo dcsccnden tanquam Locum tcncntes piucdict sumcnt ct sumcrc
possunt locum pracrogativum pracemincntiam et pracccdcntiam tarn ante omucs armU
geros baroncs minorcs et generosos vulgo sfjin/ris lainfis and gentilmen dicti regni
nostri Scotiae quam ante omnes pracdictos Equitcs auiatos Baronettos cjusd regni nos-
tri omnesque alios ante quos dicti Equites aurati Barouetti locum ct praecedentiam
virtute privilegii dignitatis iis concess habere possunt pro cujus plantationis et coloniac
Novae Scotiae adjumento ct jus praecipue respcctu dicti Equitcs aurati Baronetti cum
ipsorum statu et dignitate cum avisamento praedicto in dicto regno nostro Scotiac creati
i'uerant tanquum indicium speciale nostri fi-voris super tales generosos ct honestos loco
natos collat praedictae plantationis et coloniac participcs Cum hac expressa provisione
omnimodo quod numerus praefatorum Baronettorum nunquam excedat centum et quin-
quaginta Dcnique nos cum avisamento praedicto pro nobis haeredibus et successoribus
nostris volumus decernimus et ordinamus quod hoc nostrum diploma et infeofamentum
ratiHcari approbari ct confirmari cum omnibus cjusd contentis in proximo nostro Parlia-
mento regni nostri Scotiac et ut habeat vim robur et efficaciam acti statuti et decreti cjusd
supremae judicaturae penes quod nos pro nobis nostrisque successoribus dcclaramus et
ordinamus praesentem banc nostram cartam dominis articulorum dicti nostri Parliamenti
pro ratificatione et conlirmatione ejusd modo praescripto sufficiens fore warrantum
Insuper dilectis nostris

ct vestrum cuilibet conjunctim et divisim Vice-
comitibus nostris in hac parte specialiter constitutis salutem Vobis praecipimus et man-
damus quatenus praefato Domino Willielmo Alexander vel suo certo actornato latori
praesentium statum et sasinam haereditariam pariter et possessionem corporalem actua-
lem et realem totarum et integrarum praedictarum terrarum regionis et dominii Novae
Scotiae cum omnibus et singulis partibus pendiculis privilegiis commoditatibus immuni-
tatibus aliisque tarn generaliter quam particulariter superius expressatis apud dictum
castrum nostrum de Edinburt tradatis et deliberetis sine dilatione et hoc nullo modo
omittatis ad quod faciendum vobis et vestrum cuilibet conjunctim et divisim vicecomiti-
bus nostris in hac parte antedict nostram plenariam et irrevocabilem tenore praesentis
cartae nostrae committimus potestatem quamquidem sasinam nos cum avisamento prae-
dicto pro nobis nostrisque successoribus tenore praesentis cartae nostrae volumus dc-
claramus et ordinamus tarn fore legitimam et sufficientem quam si praecepta sasinae se-
paratim et ordinarie e nostra cancellaria ad cum effectum super dicta nostra carta fuis-
sent directa penes quam nos cum avisamento praedicto pro nobis haeredibus et succes-
soribus nostris dispensavimus ac per praesentis cartae nostrae tenorem dispensamus im-
perpetuum In cujus rei testimonium huic praesenti cartae nostrae magnum sigillum
nostrum apponi praecepimus testibus predilectis nostris consanguineis et consiliariis Jacobo
marchione de Hamiltoun comite Arranie et Cambrig domino Aven et Innerdaill &c.
Willielmo Mariscalli comite domino Keith &c. regni nostri mariscallo predilecto nostro
consiliario Domino Georgio Hay de Kinfanes railite nostro cancellario predilecto nos-
tro consanguineo et consiliario Thoma comite de Melros domino Bynning et Byres
nostro secretario dilectis nostris consiliariis familiaribus Dominis Ricardo Cokburne de
Clerkingtoun nostri secreti sigilli custode Joanne Hamiltoun de Magdalens nostrorum
rotulorum registri ac consilij clerico Georgio Elphingstoun de Blythwode nostre justi-
ciarie clerico et Joanne Scot de Scotistarvet nostre cancellarie directore militibus Apud
aulam nostram de Otlandis duodecimo die mcnsis Julij anno Domini millesimo sexcen-
tesimo vigesimo quinto et regni nostri prime.

im
ti-

APPENDIX.

1 0.')

as Lieutenants foresaid, sluill and may take place, i)rcroj:;ative, pre-eminence, and prece-
dency, as well before all es(|uires, lairds, and f^entlcinen, of onr said kinj];dom of iSeot-
land, as before all the foresaid Kniylits, Baronets, of our said kinj;(iom, and all others,
before vvhouj the said Knij^hts, Baronets, in virtue of the privilege of dij^nity to tlienj,
can have place and precedency, for the advancement of which |)lantation and colony of
Nova Scotia, and in respect of it especially, the said Knij^hts, Baronets, were, with ad-
vice foresaid, created in our said kinf^dom of Scotland, with their state and di}:;nity, as a
special token of our favour conferred upon such gentleujen, and honourably born per-
sons, portioners of the foresaid plantation and colony ; with this express provision al-
ways, that the number of the foresaid Baronets never exceed one hundred and fifty.
Finally, wc, with advice foresaid, for us, our heirs and successors, will, decern, and or-
dain tliat this our Patent and iufeftment, with all its contents, be ratified, approved, and
confirmed in our next Parliament of our kingdom of Scotland ; and that it may have the
i'orce, strength, and effect of an act, statute, and decree of that supreme judicatory, as
to which, we, for us and our successors, declare and ordain this our present charter, to
be a sufficient warrant to the Lords of the Articles of our said Parliament, for the rati-
fication and confirmation thereof", in manner before written : Moreover to our lovitcs,

and
each of you, conjunctly and severally,, our Sheriffs in that part, especially constituted,
greeting ; We charge and command you, that yo give and deliver to the foresaid Sir
William Alexander, or his certain Attorney, bearer of these presents, heritable state
and seisin, as well as corporal, actual, and real possession of all and whole the foresaid
lands, country and lordship of Nova Scotia, with all and sundry parts, pendicles, privi-
leges, commodities, immunities and others, generally as well as particularly above ex-
pressed, at our said castle of Edinburgh, without delay ; and this in no wise ye leave
undone: Which to do we commit to you, and each of you, conjunctly and severally, our
.Sheriffs in that part foresaid, our full and irrevocable power by our present charter;
which seisin, we, with advice foresaid, for us and our successors, by our present charter,
will, declare, and ordain to be as lawful and sufficient, as if precepts of seisin, separately
and ordinarily, to that effect had been directed out of our Chancery, upon our said char-
ter, as to which we, with advice foresaid, for us, our heirs and successors, have dispensed,
and, by our present charter, for ever dispense. In witness whereof, we have ordered
our Great Seal to be appended to this our present charter, the witnesses being our well-
beloved cousins and councillors, James, Marquess of Hamiltoun, Earl of Arran and
Cambridge, Lord Aven and Innerdaill, &c. j William, Earl Marishall, Lord Keith,
&c. Marishall of our kingdom ; our beloved councillor, Sir George Hay of Kinfanes,
Knight, our Chancellor; our well-beloved cousin and councillor, Thomas, Earl of
Melros, Lord Bynning and Byres, our Secretary ; our beloved familiar councillors,
Sir Richard Cokburne of Clerkintoun, Keeper of our Privy Seal ; Sir John Hamiltoun
of Magdalens, Clerk of our Rolls, Register and Council ; Sir George Elphingstoun of
Blythwode, our Justice-Clerk ; and Sir John Scott of Scotistarvet, Director of our
Chancery, Knights, at our Palace of Otlands, the 12th day of July, anno Domini
1025, and. the first of our reign.

M 'I

• ■ ! '■
I

106

APPKNDIX.

No. III.

Act of Court of the Service of Alexander, Enrl of Stirling, as Heir in special of

William, Enrl of /Stirling;

Court of the service of the brieve issued forth of his Majesty's Chancery, at the
instance of Alexander, Earl of Stirling and Dovan, Viscount of Stirling and
Canada, Lord Alexander of Tuliibodie, &c. for serving him nearest and lawful
heir of the deceased Sir William Alexander of Mcnstric, Miles, the first Earl
of Stirling, his great-great-grcat grandfather, in all and sundry lands and others,
in the fee of which the said William, Earl of Stirling, died last vest and seised,
at the faith and peace of our Sovereign Lord the King then reigning, holden
within the Parliament or new Session House of Edinburgh, in manner after
speciiied.

At Edinbuugh, the 2d day of July, in the year 1831, and within the Parliament or
new Session House there, in the Court-room of the Eirst Division of the Court of Ses-
sion, in presence of George Tait, Esq. Sheriff-substitute of the sherifif'dom of Edinburgh,
as Sheriff of the sheriffdom of Edinburgh, specially constituted to the effect after men-
tioned, compeared Thomas Christopher Banks, Esq. residing at No. 19. Duke Street,
Edinburgh, as procurator and mandatary for and in name of the said Alexander, Earl
of Stirling, &c. according to mandate dated the 28th day of June last past, and thereby
specially empowered to purchase a brieve forth of Chancery, and to obtain the said
Alexander, Earl of Stirling, &c. served nearest and lawful heir of the said deceased
William, Earl of Stirling, his great-great-great grandfather, in the lands and others
after mentioned, and to procure such service retoured to Chancery, and produced his
Majesty's commission, by deliverance of the Lords of Council and Session, passed under
the quarter seal, otherwise called the testimonial of the seal appointed by the treaty of
Union to be made use of within Scotland, in place of the great seal thereof, making,
constituting, and appointing the Sheriff-depute of the said sheriffdom of Edinburgh, or
his substitute. Sheriff of the said sheriffdom of Edinburgh, for serving the brieve to be
issued forth of his Majesty's Chancery for cognoscing the said Alexander, Earl of
Stirling, &c. nearest and lawful heir of the said deceased William, Earl of Stirling, his
oreat-great -great grandfather, in all and sundry lands and others in which the said Wil-
liam, Earl of Stirling, died last vest and seised as of fee, at the faith and peace of our
Sovereign Lord the King then reigning, and which commission contains a dispensation
with the place and time of vacance, and is dated the 10th and sealed the 15th days of
June last past : And the said Thomas Christopher Banks, Esq. procurator and man-
datary foresaid, having desired the said Sheriff-substitute of the sheriffdom «»f Edin-
burgh to proceed to the execution of the office of Sheriff thereby committed to him,

Al'l'llNDIX.

lu;

the said Sheriff mnde choice of Kphraim Lockhart, writer to his Majesty's signet, and
notary-piiblie, to be clerk for the service of the said Alexander, Karl of Stirliiij;, &c. as
heir foresaid, and of Lindsay Uae, govvnkeeper to the society of writers to the said
signet, to be olficer for the court of the said service ; and who being both solemnly sworn,
made oath ile fidi'li at/minisfnifioiif; ; and thereafter the said court was fenced in the
name and authority of his Majesty, and by order, and in the name and authority of the
said Sheritt-substitnte of the sheriffdom of Edinburgh, as Judge appointed by the saitl
commission } and the court being so fenced, compeared the several honourable and
worthy persons after named, who had been all lawfully summoned before, to pass upon
the inquest of the said brieve, as being most proper and least suspected, and who best
knew the verity of the matter. They are to say, Patrick llobertson and James
Welsh, Esqrs. advocates, David Johnston, Es(|. doctor of medicine in Edinburgh,
John Ilenton, James Balfour, James Macdonell, John Dickie, Henry Inglis JNiiior,
and James Souter, Esqrs. writers to his Majesty's signet, John Stirling, Esq. accountant
in Edinburgh, John Adams, John Phillips and Thomas Ranken, solicitors of the Su-
preme Courts of Scotland, William Wallace Sibbald, Esq. residing in Edinburgh, and
Joseph Low, writer there. Whereupon the said Thomas Christopher Danks, Esq. pro-
curator and mandatary foresaid, produced a brieve issued forth of his Majesty's Chancery,
dated the 10th day of June last past, directed to the Sheriff-depute of the sheriffdom of
Edinburgh, or his substitute, Sheriff of the sheriHUoni of Edinburgh, specially consti-
tuted as aforesaid, at the instance of the said Alexander, Earl of Stirling, &c. ibr cog-
noscing him nearest and lawful heir of the said deceased William, Earl of Stirling, his
great-great-great grandfather, in all and sundry lands and others in which the said Wil-
liam, Earl of Stirling, died last vest and seised as of fee, at the faith and peace of our
said Sovereign Lord, together with an execution of the said brieve under the hands of
William Swanston, officer of the Sheriff of the sheriflfdom of Edinburgh, and of James
Calder and Donald Macleod, both residenters in Edinburgh, as witnesses, bearing the said
William Swanston to have passed to the market-cross of the burgh of Edinburgh, head
borough of the said sheriffdom of Edinburgh, upon the 15th day of June last past, being a
market day within the said burgh of Edinburgh, and in open market time, and to have duly
and openly proclaimed and executed the brieve in due form of law ; and which brieve, with
the execution thereof, being audibly and publicly read, the said Judge found that the said
brieve was duly and lawfully executed : Thereafter the said Thomas Christopher Banks,
Esq. procurator and mandatary foresaid, exhibited and produced a claim for the said
Alexander, Earl of Stirling, &c. praying that he should be served and cognosced nearest
and lawful heir of the said deceased William, Earl of Stirling, his great-great-great
grandfather, in all and sundry the lands, continents and islands situate and lying in
America, and others therein particularly described ; and for verifying the several heads
of the said claim, the above-named Thomas Christopher Banks, Esq. procurator and
mandatary foresaid, produced the writs after mentioned, viz. Book the 5 1st of the Regis-
ter of the Great Seal, containing the record of a charter of novodamus under the said

10»

APPENDIX.

seal, of date the 12th day of July in the year 1625, made, given and granted by his
Majesty, Charles the First, in favour of the said William, Earl of Stirling, (then and
therein named Sir William Alexander,) of the lands, barony and lordship of Nova Scotia,
in America : fSecumlo, Extract registered instrument of seisin, following upon the pre-
cept in the said charter, in favour of the said William, Earl of Stirlin^^, of date the 29th
day of September in the said year 1025, recorded in the General Register of Seisins,
&,c. kept at Edinburgh, the 1st day of October and year foresaid : And, /ast/^. General
retour of the service, expede before the bailies of the burgh of Canongate, of the said
Alexander, Earl of Stirling, as heir of the said deceased William, Earl of Stirling,
his great-great-great grandfather, which retour is dated the Uth day of October
1830, and duly rctoured to Chancery ; and for instructing the old and new ex-
tent of the lands and others contained in the said claim, and in which the said
William, Earl of Stirling, died last infeft, there was produced a charter under the
great seal, of date the 10th day of September in the year 1G21, made, given and
granted by his Majesty, James the Sixth, in favour of the said William, Earl of Stirling,
then Sir William Alexander, of the lordship and barony of Nova Scotia, in America,
which charter was written to the said seal the 29th day of the said month of September
and year foresaid, and sealed the same day. After production of which claim, and
writs before mentioned, the said Sheriff-substitute of the sheriffdom of Edinburgh, as
Judge foresaid, caused the said Lindsay llae, officer of Court, call peremptorily and
openly in judgment all parties having or pretending to have interest j which being ac-
cordingly done, and none compearing to object against the service of the said brieve,
and lawful time of day being waited, the said procurator and mandatary protested contra
omnet^ non comparentes, that they should be silent for ever after ; and also desired
that the said claim, and writs produced for verifying the said claim, might be referred
and admitted to the knowledge of the Inquest before named ; and the said Sheriff-sub-
stitute of the sheriffdom of Edinburgh, as Judge foresaid, finding the said desire to be
just and reasonable, he admitted thereof, and remitted the said matter to the knowledge
of the Inquest j and who being all solemnly sworn by the said Judge, they made faith de
fideli administratione, and then elected the said Patrick Robertson, Esq. advocate, to
be their chancellor ; and thereupon the said claim was openly and publicly read, and
compared with the foresaid writings, produced for vouching and verifying thereof: And
thereafter the said Sheriff-substitute of the sheriMom of Edinburgh, as Judge foresaid,
caused the said Lindsay Rae, officer of Court, call again thrice peremptorily in judg-
ment, at the most patent door of the said new Session House, all partita having, or pre-
tending to have interest ; which being accordingly done, and none compearing to object,
the said procurator and mandatary again protested contra o^mes non comparentes, that
they should be ever thereafter silent ; and then they, the said worthy persons of Inquest,
all in one voice, and without variance, by the mouth of their said chancellor, found the
foresaid claim sufficiently instructed and proven, and therefore served and cognosced
the said Alexander, Earl of Stirling, &c. nearest and lawful heir in special of the said
deceased William, Earl of Stirling, his great-great-great grandfather, in all and sundry
the lauds and others contained in the said claim, in which the said William, Earl of

APPENDIX.

10i»

Stirling, died last vest and seised, and tliat conform to the said claim, and the verdict
of the said Inquest, subjoined thereto, and signed by their said chancellor in all points;
and ordained the said service, under the hand of the Cleik of Court, with the said
brieve, to be retoured to his Majesty's Chancery ; and to which verdict and service the
said Sheriff-substitute of the sheriffdom of Edinburgh, as Judge foresaid, adhibited his
authority, and ordained the same to be retoured in manner foresaid : Whereupon, and
upon all and sundry the premises, the said procurator and mandatary asked acts of
Court, and asked and took instruments in the hands of the Clerk of Court aforesaid,
and the Sheriff interponed liis authority to the premises.

G. Tait.

Ei'H. LocKHAUT, iV. P. and C. D.

Special retour of the service of Alexander, Earl of Stirling, &c. as heir of William,
Earl of Stirling, 2d July 1831.

(Records, Register House, Edinbiirgli.)

idry
of

110

APPENDIX.

No. IV.

1 :M

I '

; I

Imtrument of Seisin in favour of Alexander, Earl of Stirling and Dovan, of the

Lordship and Barony of Nova Scotia.

In Dei nomine, Amen. Per hoc praesens publicum instrumentum cunctis pateat
evidcntcr et sit notum Quod anno incarnationis Domini millesimo octingentesimo et
trigcsinio primo mensis vero Jnlii die octavo regnique serenissimi domini nostri Guliel-
rai Quarti Dei gratia Britanniarum regis fideique defensoris anno secundo, In mei no-
tarii publici clerici vicccomitatus de Edinburgh et testium subscribentium praesentia
personaliter comparuit Ephruiui Lockhart scriba signeto regio actornatus pro ac in no-
mine prachonorabilis Alexandri Comitis de Stirling et Dovan adnepotis quond. Domini
Gulichiii Alexander de Menstrie militis primi Comitis de Stirling cujus actornati po-
tcstas niihi notario publico subscribenti lucide constabat et cum Adamo Duff armigero
advocate vicecomite deputato vicccomitatus de Edinburgh per praeceptum sasinae sub
insert, specialiter constitute ad Castrum de Edinburgh ubi per diet, praeceptum sasina
capienda est pro tota et Integra regione aliisque subtus memorat. nobiscum accessit,
iiABENS et in manibus suis tenens praeceptum sasinae sub insertum ex capella serenis-
simi domini nostri regis in favorem diet. Alexandri Comitis de Stirling et Dovan tan-
(juam propinquioris et legitimi haeredis diet, quond. Gulielmi Comitis de Stirling atavi
sui deserviti et retornati directum pro danda sasina illi omnium et singularum ter-
rarum aliorumque postea mentionat. content, in dicto praecepto sasinae sub insert.
QuoDQUJDEM praeceptum sasinae praedictus actornatus in nomine praefati Alexandri
Comitis de Stirling et Dovan exhibuit et praesentavit dicto Adamo DufF vicecomiti an-
tedict. eumque rogavit quatenus ad executionem diet, praecepti sasinae secundum teno-
rem cjusdem procederet Quemque rogatum diet, vicecomes percipiens esse justum ra-
tionique consonan. dictum praeceptum sasinae in manibus suis recepit et mihi notario
publico subscribenti perlegendum publicandum et testibus astantibus in vulgari ser-
mone cxplicandum tradidit quod feci et cujus praecepti sasinae tenor sequitur et est
talis :

* GuLiELMUs QuARTUS Dei gratia Britanniarum rex fidei defensor vicecomiti et bali-

• vis suis de Edinburgh Salutem. Quia per inquisitionem de mandate nostro per

* Georgium Tait arinigerum vicecomitem substitutum vicccomitatus de Edin'n'.-rjh tan-

• quam vicecomitem ad cum effectum specialiter constitut. virtute commissionis sub tes-
' timonio sigilli inibi specificat. factum et ad capellam nostram retornatam compertum
' est Quod quondam Dominus Willielmus Alexander de Menstrie miles primus Comes
' de Stirling atavus prachonorabilis Alexandri Comitis de Stirling et Dovan Vicecomitis

♦ de Stirling et Canada Domini Alexander de Tullibodie et caetera latoris praesentium

APPENDIX.

Ill

No. IV.

Instrument of Seisin in favour of Alexander, Earl of Stirling, ^-c. of Nova Scotia.

In the name of God, Amen. Be it known to all men by this present public instru-
ment, That on the 8th day of July, in the year of our Lord 1831, and of the reign of
our sovereign lord, William the Fourth, by the grace of God of the United Kingdom of
Great Britain and Ireland, King, Defender of the Faith, the second year. In presence
of me, notary-public, clerk of the sheriffdom of Edinburgh, and the witnesses subscri-
bing, appeared personally Ephraim Lockhart, writer to his Majesty's signet, attorney for
and in name of the Right Honourable Alexander, Earl of Stirling and Dovan, great-
great-great grandson of the deceased Sir William Alexander of Menstrie, Knight, the
first Earl of Stirling, whose power of attorney was sufficiently known to me, the under-
signed notary-public ; and passed with us and with Adam Duff, Esquire, advocate.
Sheriff-depute of the sheriffdom of Edinburgh, specially constituted by the precept of
seisin under inserted, to the Castle of Edinburgh, where by the said precept seisin is to
be taken for all and whole the country and others under mentioned, having and noLu-
iNG in his hands the precept of seisin under inserted, directed forth of our sovereign
lord the King's chancery in favour of the said Alexander, Earl of Stirling and Dovan,
as nearest and lawful heir served and retoured to the said William, Earl of Stirling, his
great-great-great grandfather, for giving seisin to him of all and sundry the lands and
others after mentioned, contained in the said precept of seisin under inserted ; which
precept of seisin the foresaid attorney, in the name of the aforesaid Alexander, Earl
of Stirling and Dovan, exhibited and presented to the said Adam Duff, Sheriff foresaid,
and desired him to proceed to the execution of the said precept of seisin, agreeably to
the tenor thereof; which desire the said Sheriff finding to be just and reasonable, he
received the said precept of seisin into his hands, and delivered it to ine, the under-
signed notary-public, to be read, published and explained, in the common speech, to the
witnesses present ; which I did, and of which precept of seisin the tenor follows in these
words :

,m
es

tis
m

* William the Fourth, by the grace of God of the United Kingdom of Great

* Britain and Ireland, King, Defender of the Faith, to the Sheriff of Edinburgh and

* his Bailies, Greeting. Forasmuch as it is found, by an inquest made by our com-

* mand, by George Tait, Esquire, Sheriff-substitute of the sherifiUom of Edinburgh, as
' Sheriff for that effect, specially constituted, in virtue of a commission under the testi-

* monial of the seal, therein specified, and retoured to our chancery, That the deceased

* Sir William Alexander of Menstrie, Knight, the first Earl of Stirling, great-great-great

* grandfather of the Right Honourable Alexander, Earl of Stirling and Dovan, Vis-

* count of Stirling and Canada, Lord Alexander of Tullibodic, &c. bearer hereof, died

iHIMMBI^^

112

APPENDIX.

^.■;J !...f

' obiit ad fidcm ct pacem regiam ultimo vestit. et sasit. ut de feodo in omnibus et sin-
' gulis tcrris contiucntibus ct insulis situat. et jacen. in America intra caput seu pro-
' montorium conininniter Cap de Sable appellat. jacen. prope latitudinem quadraginta
' trium graduuni aut eo circa ab equinoctiali linea versus septentrionem a quo promon-
' torio versus littus maris tcnden. ad occidentem ad stationem navium Sanctae Mariae
' vulgo St Mary's Bay et deinceps versus septentrionem per dircctam lineam introitum
' sive ostium magnac illius stationis navium trajicien. quue excurrit in terrae orientalcm

• plagam inter regiones Siiriquorum ot Stecheminoruui \ulgo Suriquois et Stecheraines
' ad fiuvium vulgo Sanctae Crucis appellat. et ad scaturiginem remotissimam sive fontem

• ex occidcntali parte ejusd. qui se primum praedicto fluvio immiscit unde per imagina-

♦ riam directani lineam quae pergere per terram seu currere versus septentrionem conci-
' pietur ad proximam navium stationem in fluvium vel scaturiginem in magno fluvio de
' Canada scse exonerantem et ab eo pergen. versus orientem per maris oras littorales

* ejusd. fluvii de Canada ad fluvium stationem navium portum aut littus communiter

• nomine de Gathepe vel Gaspe notum et appellatum et deinceps versus euronotum ad
' insulas Bacalaos vel Cape Breton vocat. relinquendo easdem insulas a dextra et vora-

• ginem dicti raagni fluvii de Canada sive magnae stationis navium et terras de New-
' foundland cum insulis ad easdem terras pertinen. a sinistra et deinceps ad caput sive
' promontorium de Cape Breton praedict. jacen. prope latitudinem quadraginta quinque

• graduum aut eo circa et a diet, promontorio de Cape Breton versus meridiem et occi-

♦ dentem ad praedict. Cap de Sable ubi incepit perambulatio includen. et comprehenden.
' intra dictas maris oras littorales ac earum circumferentiam a mari ad mare omnes ter-
« ras continentes cum fluniinibus torrentibus sinibus littoribus insulis aut maribus jacen.
' prope aut intra sex leucas ad aliquam earund. partem ex occidentali boreali vel orientali

* partibus orarum littoralium et praecinctuum earund. et ab euronoto (ubi jacet Cape

♦ Breton) et ex australi parte ejusd. (ubi est Cap de Sable) omnia maria ac insulas ver-

• sus meridiem intra quadraginta leucas diet, orarum littoralium earund. niagnam insu-
' lam vulgariter appellat. Isle de Sable vel Sablon includen. jacen. versus carban vulgo

• south-south-east circa triginta leucas a Cape Breton praedict. in mari et existen. in

• latitudine quadraginta quatuor graduum aut eo circa quaequidem terrae praedict. omni

* tempore aff'uturo nomine Novae Scotiae in America gauderent Quae etiam erant in

* Gulielmo diet. Comite de Stirling vestit. secundum cartam de novodamus sub magno

• sigillo rcgni Scotiae de data duodecimo die mensis Juiii anno Domini millesimo sex-
' centcsimo et vigesimo quinto fact. dat. et concess. per Carolum Magnae Britanniae
' Franciac et Hiberniae rcgem in favorem diet. Gulielmi Comitis de Stirling (tunc et

♦ sub nomine Domini Willielmi Alexander) haeredum suorum et assignatorum quorum-

♦ cunque haereditarie Et per quam cartam declaratur quod praefatus Gulielmus Comes
' de Stirling terras praedict. in partes et portiones sicut ei visum fuerit divideret eisdem-

* que nomina pro beneplacito imponeret Una cum omnibus fodinis tarn regalibus auri
' et argenti quam aliis fodinis ferri plumbi cupri stanni aeris ac aliis mineralibus quibus-
' cunque cum potestate eft'odiendi et de terra efFodere causandi purificandi et repurgandi

• easdem ac convertendi ac uteudi suo proprio usui aut aliis usibus quibiiscunque sicuti

APPENDIX.

113

' at the faith and peace of the King, last vest and seised as of fee in all and sundry the
' lands, continents and islands situate and lying in America, within the head or cape

* commonly called Cap de Sable, lying near the latitude of forty-three degrees north

* from the erpiinoctial line, or thereabouts, from which cape towards the sea-coast
' verging to the west, to the naval station of St Mary, commonly called St Mary's

* Bay, and thereafter northwards by a straight line passing the inlet or mouth of that

* great naval station which runs out into the eastern tract of land between the coun-

* tries of the Suriquois and Stechen.ines, to the river commonly called of St Croix,

* and to the furthest source or fountain head thereof on the western part, which first

* unites itself with the foresaid river, whence, by an imaginary straight line, con-
' ceived to proceed over land, or run northwards, to the nearest naval station, river

* or source discharging itself into the great river of Canada, and from it pro-
ceeding eastwards by the coasts of the said river of Canada to the I'iver, naval
station, port or shore commonly known and called by the name of Gathepe or
Gaspe, and thereafter towards the south-east to the islands called Bacalaos, or Cape
Breton, leaving the said islands on the right, and the gulf of the said great river of
Canada, or great naval station, and the lands of Newfoundland, with the islands be-
longing to these lands, on the left, and thereafter to the head or cape of Cape Breton

* foresaid, lying near the latitude of forty-five degrees or thereabouts, and from the said

* cape of Cape Breton towards the southwest, to the foresaid Cap de Sable, where the

* perambulation began, including and comprehending within the said coasts, and their

* circumference from sea to sea, all the lands and continents, with the rivers, brooks,

* bays, shores, islands or seas, lying near or within six leagues of any part of the same,
« on the western, northern, or eastern sides of the coasts and precincts thereof, and on
« the soutli-east, (where lies Cape Breton,) and on the southern part of the same, (where is
' Cap de Sable,) all the seas and islands southwards within forty leagues of the said coasts

* thereof, including the great island commonly called Isle de Sable or Sablon, lying to-
' wards the south-south-east, in the sea, about thirty leagues from Cape Breton foresaid,

* and being in the latitude of forty-four degrees or thereabouts ; which lands foresaid
« should in all time to come enjoy the name of Nova Scotia in America ; Which also

* were vested in William, the said Earl of Stirling, according to a charter of novodamus
« under the great seal of the kingdom of Scotland, dated the 12th day of July anno Domini

* 1625, made, given and granted by Charles, King of Great Britain, France and Ire-

* land, in favour of the said William, Earl of Stirling, (then and throughout named Sir

* William Alexander,) his heirs and assigns whatsoever, heritably : And by which char-

* ter it is declared, that the foresaid William, Earl of Stirling should divide the foresaid

* lands into parts and portions as should seem to him fit, and bestow names on them at

* pleasure ; Together with all mines, as well royal of gold and silver, as other mines of

* iron, lead, copper, tin, brass, and other minerals whatsoever, with the power of digging

* and causing dig from the land, purifying and refining the same, and converting and

* using thera to his own proper use, or other uses whatsoever, as should seem fit to the

114

APPENDIX.

I'i

diet. Gulielmo Comiti de Stirling haeredibus suis vel assignatis aut iis quos suo loco
in dictis terris stabilirc ipsum contigerit visum fiicrit lieservando solummodo dicto
regi ft suis successoribus dccimam partem metalli vulgo ore aurj et argenti quod ex
terra imposterum cfTodictur aut lucrabitur liclinquendo dicto Gulielmo Comiti de
Stirling suisquo praedict. quodcunque ex aliis metallis cupri chalibis ferri stanni plunibi
aut aliorum mineralium diet, rex ac sui successores quovisniodo exigerc possunt ut co
facilius magnos sumptus in extrahendis pnicfatis metallis tolcrure possunt una cum
margaritis vulgo pearls ac lapidibus praetiosis quibuscunque uliis lapicidinis silvis virguU
tis mossis maresiis lacubus aquis piscationibus tarn in aqua salsa quam recenti regalium
piscium quam aliorum venatione aucupatione commoditatibus et haercditamentis qui-
buscunque Una cum plenaria potestate privilegio et jurisdictione liberae regalitatis
capellae et cancellariae imperpetuum cumque donatione et jure patronatus ecclesiarum
capellaniarum et beneficiorum cum tenen. tenan. et libere tenen. servitiis carund. una
cum officiis Justiciariae et Admiralitatis respective intra omnes bondas respective supra
mentionat. Una etiam cum potestate civitates liberos burgos liberos portus villas et
burgos baroniae erigendi ac fora et nundinas intra bondas diet, terrarum constituendi
curias justiciariae et admiralitatis intra limites diet, terrarum fluviorum portuum et
raarium tenendi una etiam cum potestate imponendi levandi et rccipiendi omnia tolonia
custumas anchoragia aliasque diet, burgorum fororum nundinarum et liberorum por-
tuum devorias et easdem possidendi et gaudendi adeo libere in omnibus respectibus
sicuti quivis baro major vel minor in regno Scotiae gavisus est aut gaudere poterit quo-
vis tempore praeterito vel f'uturo cum omnibus aliis praerogativis privilcgiis immunita-
tibus dignitatibus casualitatibus proHcuis et devoriis ad diet, terras maria et bondas
earund. spectan. et pertinen. et quae diet, rex dare et conccdere poterit adeo libere et
ampla forma sicuti ipsi aut aliquis eurum nobilium progenitorum aliquas cartas patentes
literas infeof'amenta donationes aut diplomata concesserunt cuivis subdito cujuscunque
gradus aut qualitatis cuivis soeietati aut communitati tales colonias in quascunque partes
extraneas deducenti aut terras extraneas investiganti in adeo libera et ampla forma
sicuti eadem in dicta carta insererentur : Faciendo constituendo et ordinando diet,
Gulielmum Comitem de Stirling haeredes suos aut assignatos vel eorum deputatos diet,
regis Haereditarios Locum tenentes-generales ad repraesentandum ejus personam rega-
lem tarn per mare quam per terram in regionibus maris oris et finibus praedict. in pe-
tendo diet, terras quamdiu illic manserit ac redeundo ab eisdem ad gubernand. regend.
puniend. et remittend. omnes subditos diet, regis quos ad diet, terras ire aut easdem
inhabitare contigerit aut qui negotiationem cum eisdem suscipient vel in eisdem locis
remanebunt ac eisdem ignoscendum et ad stabiliend. tales leges statuta constitutiones
directiones instructiones formas gubernandi et magistratuum ceremonias intra dictas
bondas sicut ipsi Gulielmo Comiti de Stirling aut ejus praedict. ad gubernationem
dictae regionis et ejusdem incolarum in omnibus causis tarn criminalibus quam civili-
bus visum f'uerit et easdem leges regimina formas et ceremonias alterand. et mutand
quoties sibi vel suis praedict. pro bono et commodo dictae regionis placuerit ita
ut dictae leges quam legibus diet, regni Scotiae quam fieri possunt sint Concordes ; Et
dando et concedendo liberam et plenariam potestatem praefato Gulielmo Comiti de Stir-
ling suisq. praedict. conferendi favores privilegia niunia et honores in demerentes cum

APPENDIX.

11.")

said William, Euil of Stirlinf^, his heirs or assij^ns, or to those who, in their place,
should happen to settle in the said lands : Reserving only to his said Majesty and his
successors the tenth part of the metal, commonly called ore of gold and silver, that
shall afterwards be dug or gained out of the earth : Leaving to the said William, Earl
of Stirling, and his foresaids, whatsoever his said Majesty, and his successors, might in
any way demand of other metals, copper, steel, iron, tin, lead, or other minerals, that
they may so much the more easily bear the great charges of extracting the foresaid
metals, together with pearls and other precious stones whatsoever, quarries, woods,
copses, mosses, marshes, lakes, waters, fishings, as well in salt water as in fresh, of
royal fishes as of others, liunting, hawking, commodities and hereditaments whatso-
ever : Together with full power, privilege and jurisdiction of free regality and chancery
for ever ; and with the gift and right of patronage of churches, chapels and benefices,
with tenants, tenandries and services of free tenants thereof, together with offices of
Justiciary and Admiralty respectively, within the bounds above mentioned respectively :
Together also with the power of erecting corporations, free boroughs, free ports,
towns and boroughs of barony, and of appointing markets and fairs within the bounds
of the said lands, and of holding courts of justiciary and admiralty within the boundaries
of the said lands, rivers, ports and seas ; together also with the power of imposing,
levying and receiving all tolls, customs, anchorages, and other dues of the said boroughs,
markets, fairs and free ports, and of possessing and enjoying the same as freely in all
respects as any greater or lesser baron in the kingdom of Scotland has enjoyed, or
shall be able to enjoy them, at any time past or to come ; with all other prerogatives,
privileges, immunities, dignities, casualties, profits and duties belonging and pertaining
to the said lands, seas, and bounds of the same ; and which his said Majesty shall have
power to give and grant, as freely, and in as ample form as he himself, or any of his
noble progenitors has granted any charters, letters-patent, infeftments, gifts or patents,
to any subject, of whatsoever degree or quality, to any society or community, planting
such colonies in whatsoever foreign parts, or exploring foreign lands, in equally free
and ample form as if the same were inserted in the said charter : Making, constituting
and appointing the said William, Earl of Stirling, his heirs or assigns, or their deputies,
his said Majesty's Hereditary Lieutenants-general, to represent his royal person, as well
by sea as by land, in the countries, sea-coasts and boundaries foresaid, in repairing
to the said lands, so long as he shall continue there, and in returning from the same ;
to govern, rule, punish and pardon all subjects of his said Majesty who shall have
happened to go to the said lands, or to be inhabiting the same, or who shall have en-
gaged in trade with them, or shall remain in the same places, and to be favourable to
them ; and to establish such laws, statutes, constitutions, regulations, instructions,
forms of government, and ceremonies of magistracies, within the said bounds, as to
him, William, Earl of Stirling, or his foresaids, for the government of the said country
and its inhabitants, in all causes, criminal as well as civil, shall seem fit ; and to alter
and change the said laws, regulations, forms and ceremonies, as often as he, or his
foresaids, for the good and advantage of the said country, shall be pleased, so
that the said laws were consistent, as much as they could be made, with the laws of
the said kingdom of Scotland ; And giving and granting free and plenary power to the
foresaid William, Earl of Stirling, and his foresaids, of conferring favoui-s, privileges,

i k

\ n

1 ]

'■ I.

116

APPENDIX.

• plcnniia potestate eisdem aut eorum alicui quos cum ipso GuHelmo Coniite de Stirling
« siiisq. praedict. pactioncs vel contractus fiicere pro eisdcin terris contigerit sub sub-

• scriptione sua vel suorum praedict. et sigillo in diet, carta mentionat. aliquam portionem

• vt'l portiones diet, terrarum portuum navium stationuni fluviorum aut praeniissorura

• alicujus partis disponcndi et extradonandi ; erigendi etiam omnium generum machinas

• artes facultatcs vel scientias aut casdem exercendi in toto vel in parte sicuti ei pro bono

• ipsorum visum fuerit ; dandi ctiam concedendi et attribuendi talia officia titulos jura et

• potestates sicuti ei necessarium vidobitur secundum qualitates conditiones et persona-
' rum merita ; Cum potestate diet. Gulielmo Comiti de Stirling suisque haeredibus et

• assignatis erigendi limdandi et extruendi scholas triviales collegia universitates sufficien-
ter provisas cum liabilibus et sufficientibus niagistris rectoribus rogcntibus professoribus
omnium scicntiarum litcrarum liiiguarum et sermonum et providcndi pro sufficiente

• alimcnto stipendiis et victu pro eisdem ad bunc effectum ; Ac etiam erigendi praelatos
arcliiopiscopos episcopos rcctores et vicarios parochiarum et ecclesiarum parocliialium
ct distribuendi ct divideudi omnes praedict. bondas diet, regionis in diversis et dis-
tinctis vicocomitatibus provinciis et parochiis pro meliori provisione ecclesiarum et mi-

• nisterii divisiono vicccomitatuum et omni alia civili politia ; Et similiter fundandi

• erigendi et instituendi senutum justiciae loca et justiciae collegia concilii et sessionis

• senatores earund. membra pro justiciae administratione intra dictam regionem aliaque
« justiciae et judicaturae loca : Praeterea erigendi et designandi tam secreta et privata

• concilia ct scssiones pro publico bono et commodo dictae regionis et dand. et conce-

• dend. titulos bonores et dignitates earund. membris et creand. clericos et earund.

• membra Et designand. sigilla et registra cum ipsorum custodibus et etiam erigend.

• et instituend. officiarios status cancellarium tbesaurarium computorum rotulatorem

• collectorem sccretarium advocatum vel actornatum generalem clericum vel clericos re^

• gistri et rotulorum custodes justiciariae clericum directorem vel directores cancellariae
« conservatorem vol conservatores privilegiorum dictae regionis advocatos procuratores

earundemq. solicitatores aliaque membra necessaria : Ex praeterea dandi concedendi
et disponendi aliquas partes vel portiones diet, terrarum et dominii Novae Scotiae iis hae-
reditarie spectan. ad et in f'avorem quorumcunque personarum eorum baeredum et assig-
natorum baereditarie cum decimis et decimis garbalibus earund. inclusis (modo regis
sint subditi) tenend. de diet. Gulielmo Comite de Stirling vel de diet, rege et suis succes-
soribus vel in alba firma feudifirma vel warda et relevio pro eorum beneplacito et intitu-
' lare et denominare easdem partes et portiones quibuscunque stylis titulis et designa-

• tionibus iis visum fuerit aut in libito et optione diet. Gulielmi Comitis de Stirling

• suorumq. praedictorum ; quaequidem infeofamenta et dispositiones per diet, regem

• suosque successorcs libere sine aliqua compositione propterea solvend. approbabuntur

• et confirmabuntur : Insuper diet, rex suique successorcs quascunque resignationes

• per diet. Gulielmum Comitem de Stirling suosque haeredes et assignatos fiendas de

• totis et intcgris praefatis terris et dominio Novae Scotiae vel alicujus earund. partis in

• manibus diet, regis suorumq. successorum et commissionariorum cum decimis et deci-

• mis garbalibus earund. inclusis aliisque generaliter et specialiter supra mciitionat. re-

• cipiet ad et in favorem cujuscunq. personae aut quarumcunq. personarum (modo sui sint

APPENDIX.

ii:

• employinonts and lionours upon dcservinj^ persons, with full power to those or any of

• thein, who shall jiave happened to make covenants or contracts I'or the said lands witli

• him, William, Earl of Stirling?, and his foresaids, under the suhscription of liimself or

• of his foresaids, and the seal mentioned in the said charter, of disponing and overgiving

• any portion or portions of the said lands, ])orts, naval stations, rivers or any part of

• the premises; of erecting also inventions of all sorts, arts, faculties, or sciences, or of
' practising the same in whole or in part as to him, for their good, shall seem lit ; also

• of giving, granting and hcstowing such offices, titles, rights and powers as to him shall
' appear necessary, according to the qualities, conditions and merits of the persons ;
' With powku to the said W^illiam, Earl of Stirling, and his heirs and assigns, of ercct-
' ing, founding and constructing common schools, colleges and universities, sufficiently

• provided with able and sufficient masters, rectors, regents, professors of all sciences,
' learning, languages and instruction, and of providing for sufficient maintenance, sala-

• ries, and living for them to that effect ; As also of instituting prelates, archbishops,

• bishops, rectors and vicars of paWshcs and parish churches, and of distributing and di-

• viding all the foresaid bounds of the said country into divers and distinct shires, pro-
' vinces and parishes, for the better provision of the churches and ministry, division of

• the shires, and all other civil polite ; And likewise of founding, erecting and institu-

• ting a senate of justice, places and- colleges of justice, council and session, senators

• thereof, members for the administration of justice within the said country, and other

• places of justice and judicature : Further, of erecting and appointing also secret and
' privy councils and sessions for the public good and advantage of the said country, and

• giving and granting titles, honours and dignities to the members thereof, and creating
' their clerks and members ; And appointing seals and registers with their keepers ; and

• also of erecting and instituting officers of state, a chancellor, treasurer, comptroller,
' collector, secretary, advocate or attorney-general, a clerk or clerks of register, and

• keepers of rolls, justice-clerk, director or directors of chancery, conservator or conser-

• vators of the privileges of the said country, advocates, procurators and solicitors there-

• of, and other members necessary : And further, of giving, granting and disponing
' any parts or portions of the said lands and lordship of Nova Scotia, heritably belong-

• ing to them, to and in flivour of whatsoever persons, their heirs and assigns, heritably,

• with the teinds and teind-sheaves thereof included, (provided they are his Majesty's
' subjects,) to be holden of the said William, Earl of Stirling, or of his said Majesty

• and his successors, either in blench-farm, feu-farm, or in ward and relief, at their

• pleasure, and to intitle and denominate the said parts and portions by whatso-

• ever styles, titles and designations should seem to them fit, or be in the will and op-

• tion of the said William, Earl of Stirling, and his foresaids ; which infeftments and
' dispositions shall be approved and confirmed by his said Majesty and his successors,

• freely, without any composition to be paid therefor : Moueovku, his said Majesty and
' his successors shall receive whatsoever resignations shall have been made by the said
' William, Earl of Stirling, and his heirs and assigns, of all and whole the foresaid lands
' and lordship of Nova Scotia, or of any part thereof, in the hands of his said Majesty,

• and of his successors and commissioners, with the teinds and teind-sheaves thereof in-
' eluded, and others generally and particularly above mentioned, to a>id in favour of

• whatsoever person or persons, (provided they arc his Majesty's subjects, and live under

IIH

APPENDIX.

I) «'■

*f i

' subditi ct sub sua obcdicntia vivant) ct dcsupor infeofumenta expedient tcnend. in libera
' alba firma de diet, regc haeredibus et suceessoribus suis modo supra nientionat. libere
' sine ulla eouipositione : Insupeu dando concedendo et committendo potestatem dietu
' Gulielmo Coniiti de Stirliii<{ suisque haeredibus et assignatis habendi et legitime sta-

< bilicndi et cudore causandi inonetam in diet, regione ct doininio Novae Seotiae et in-
' ter inhabitantes ejusd. pro faciliori cominercii et pactionum commodo talis mctalli for-
' mac et modi sicut ipsi designabunt aut constituent : Pkaetcuka dando concedendo
' ratificando et confirmandu diet. Gulielmo Comiti de Stirling suisque haeredibus et
' assignatis omnia loca privilegia praerogativas praecedentias quascunque dat. concess. et

* reservat. vel dand. concedend. et reservand. diet. Gulielmo Comiti de Stirling suisque

< haeredibus et assignatis ejusque suceessoribus Locumtenentibus dictae regionis ct do-

* minii Novae Seotiae per equites auratos baronettos reliquosque portionarios at consor-
' tes diet, plantationis adeo ut dictus Gulielmus Comes de Stirling suiquc haeredcs mas-
' culi de corpore suo descendcn. tanquam Locumtenentes praedict. sumerent et sumere
' poterint locum praerogativam praeeminentiam et praecedentiam tarn ante omnes arnii-

* geros barones et generosos vulgo squires lairds and gentlemen dicti regni Seotiae quam

< ante omnes praedict. cciuites auratos baronettos ejusd. regni omnesque alios ante quos
' diet, equites aurati baronetti locum et praecedentiam virtute privilegii dignitatis iis

* concess. habere possunt : Quaequidem tota et Integra provincia et terrae de Nova

* Scotia cum omnibus earund. limitibus et maribus fuerunt unit, annexat. et incorporat.

< in unum integrum et liberum dominium et baroniam per praedict. nomen Novae

* Seotiae omni tempore future appelland. ; et per quam cartam ordinatur quod unica
' sasina per diet. Gulielmum Comitem de Stirling suosque praedict. apud Castrum de

* Edinburgh omni tempore future stabit et sufficiens erit pro tota et Integra regione

* cum omnibus partibus pendiculis privilegiis casualitatibus libertatibus et immunitatibus

* ejusdcm supra mentionat. absque aliqua alia speciali aut particulari sasina per ipsum

* suosque praedict. apud aliquam aliam partem capienda ; prout in diet, carta compre-
' henden. diversas alias conditiones provisiones limitationes et restrictiones cum multis et
' magnis privilegiis immunitatibus dignitatibus et honoribus latins continetur £t in

< quibus terris antedict. praefatus Gulielmus Comes de Stirling fuit debite infeodat.

< virtute praecepti sasinae in fine dictae cartae inserti secundum instrumentum sasinae

* desuper sequen. de data vigesimo nono die mensis Septembris anno Domini millesimo
' sexccntesimo et vigesimo quinto et recordat. in generali registro sasinarum &c. custo-
' dit. apud Edinburgh prime die mensis Octobris anno praedict. Et quod diet. Alex-

* ander Comes de Stirling et Dovan est propinquior et legitimus haeres diet, quond.
' Gulielmi Comitis de Stirling atavi sui in omnibus et singulis terris aliisq. praedict.

* Et quod est legitimae aetatis Er quod diet, terrae aliaque cum pertinen. de nobis
' in capite immediate tenentur Vobis praeeipimus et mandamus quatenus praefato

* Alexandre Comiti de Stirling et Dovan vel suo certo actornato latori praesentium

* sasinam eorund. juste haberi faciatis sine dilatione salvo jure cujuslibet ac capien. se-

* curitatem de ii''. monetae Seotiae per duplicationem albae lirmae devoriae praefat. ter-
' rarum aliorumq. ut supra memorat. jacen. ut supra nobis debitis et hoc nullo modo

APPENDIX.

II!)

ord-

* his obedience,) and thoy shull pass infeftments tlicrcoii, to be holden in free bientli-

* farm of his said Majesty, his heirs and successors, in manner above mentioned,

* freely, without any composition : Moiieovku, }j;iviu<f, granting and committing
' power to the said William, Earl of Stirling, and his heirs and assigns, of luivin

* and lawfully establishing and causing coin money in the said country and

* ship of Nova Scotia, and for the readier convenience of connnLice and

* ments amongst the inhabitants thereof, of such metal, form and fashion as tlicy
' shall appoint or fix : Fuiuheu, giving, granting, ratifying and confirming to the said
' William, Earl of Stirling, and his heirs and assigns, all places, privileges, prerogatives
' and precedencies whatsoever, given, granted and reserved, or to be given, granted and
' reserved to the said William, Earl of Stirling, and his heirs and assigns, and his sue-
' cessors, Lieutenants of the said country and lordship of Nova Scotia, over the knights-
' baronets and remanent portioners and associates of the said plantation, so as the

* said William, Earl of Stirling, and his heirs-male descending of his body, us

* Lieutenants foresaid, might and could take place, prerogative, pre-eminence and

* precedency, as well before all squires, lairds and gentlemen of the said king-

* dom of Scotland, as before all the foresaid knights-baronets of the said king-

* dom, and all others before whom the said knights-baronets, by privilege of the

* dignity granted to them, can have place and precedency : All and whole which

* province and lands of Nova Scotia, with all the boundaries and seas of the same, were

* united, annexed and incorporated into one entire and free lordship and barony, to be

* called by the foresaid name of Nova Scotia in all time to come ; and Ky which charter

* it is ordained, that one seisin, to be taken by the said William, Earl of Stirling, and

* his foresaids, at the Castle of Edinburgh, without any other special or particular seisin

* by himself and his foresaids, at any other part, shall stand and be sufficient, in all time
' coming, for all and whole the country above mentioned, with all the parts, pendicles,
'privileges, casualties, liberties, and immunities thereof; as in the said charter, com-

* prehending divers other conditions, provisions, limitations and restrictions, with many

* and great privileges, immunities, dignities and honours, is more fully contained ; And

* in which lands aforesaid, the foresaid William, Earl of Stirling, was duly infeft, in vir-

* tue of the precept of seisin inserted in the end of the said charter, according to in-
' strument of seisin following thereon, dated the 29th day of September, and recorded

* in the General Register of Seisins, &c. kept at Edinburgh, the 1st day of October

* anno Domini 16^5 : And that the said Alexander, Earl of Stirling and Dovan, is

* nearest and lawful heir of the said deceased William, Earl of Stirling, his great-great-

* great grandfather, in all and sundry the lands and others foresaid ; And that he is

* of lawful age ; And that the said lands and others, with the pertinents, are holden
' immediately of us in chief. Wherfoke we require and command you, that ye give

* seisin thereof to the foresaid Alexander, Earl of Stirling and Dovan, or his certain
' attorney, bearer hereof, without delay, saving the right of every person whatsoever,

* and taking security of two pennies Scots money, by duplication of the blench farm-

* duty of the foresaid lands and others as above mentioned, lying as above, due to us ;

* and this in no wise ye leave undone, these presents after the next term being to no

12U

APPENDIX.

.'\

■ {

t omittatis pracscntlbiis post proximum tcrmimim niinimc valituris. Tcsto ineipso npml
< Kiliiibiirgiim scptimo iliu mcnsis Jiiiii rc^niijuu nustii unno Hccundo IS.'Jl.

• Vicccomiti ct IJalivis siiis dc Edinburgh pro Alcxandro Comitc dc Stilling et Do-
• van atavo.

(,Sic .sifbscriftiiur) * William C- mi'ukll J'. Sub.'

Post cujus pracccpti sasinac pkulectionem et tcstibus astantibus vulgari sermonc in-
TEHiMiKTATioNKM pnit'Catiis vicocomt's virtutc diet, pracccpti sasinac ct dispcnsationis
inibi content, ct balivaiis oflicii inibi sibi commissi statuni ct sasinam liacreditariam pari-
terque possessionem actuaiem realcm et corporaicm dictaruin tcrrarum alioruinque supra
specificat. cum pcrtincn. praenominato Alcxandro Comiti de Stirling ct Dovan haeredi
antcdict. dkdit thadidit paritcrquc dklidkuavit idquc per traditionem terrae et lapi-
dis fundi diet. Castri in manibus diet, aetornati pro ae in nomine diet. Alexandri Co-
mitis de Stirling et Dovan secundum tenorcm diet, pracccpti sasinac supra insert, et
dispensationis in eodem content, in omnibus. Supeii quiuus omnibus et singulis prae-
niissis praediet. actornatus a me notario publico subscribente instrumenta sibi fieri pc-
tiit. Acta ekant iiaec apud diet. Castrum do Edinburgh intra exteriorem portam
ibidem virtute dispensationis praediet. horam inter undcciniam ante meridiem et ipsnm
meridiem die mensis anno Domini regniquc serenissimi domini nostri regis quibus su-
pra ruAESENTiBUs ibidcm Davide Byars clcrieo in camera clerici vicecomitatus de
Edinburgh et Gulielmo Wilson filio natu secundo mei notarii publici residen. in
Lyndoch Place apud Edinburgh tcstibus ad praemissa specialiter rogatis et requisitis ac
hocce publicum instrumentum mccum subscriben.

Verilas.
.7 \. Wit-soM, N. P.
7^01'. liiinrs, witness.
Mm. \yiUnn, witness.

ETegovero Jacobus Wilson clcricus Edinburgensis dioceseos et clericus vicecomita-
tus Edinburgensis ac notarius publicus auctoritate regali ac per Dominos Con-
cilii ct Sessionis secundum tenorcm acti Parliamenti admissus quia pracmissis
omnibus ct singulis dum sic ut praemittitur dicerentur agercntur et fiercnt una
cum pracnominatis tcstibus praesens personaliter interfui eaque omnia et sin-
gula praemissa sic fieri ct dici vidi scivi et audivi ac in notam ccpi ideoque
hoc praesens publicum instrumentum manu aliena super hanc et sex praeceden-
tes paginas pergamenae debite impressae cum raarginale additione super pagi-
nam tertiam fideliter scriptum exinde confeei et in bane publici instrumenti for-
mam redegi signoque nomine et cognomine meis solitis et consuctis signavi et
subscripsi in fidem robur et testimonium veritatis omnium et singulorum prae-
mis.sorum rogatus et requisitus.

At Edinburgh, the twelfth day of August one thousand eight hundred and thirty-
one years, this sasine was presented by Ephraim Lockhart, writer to the signet, and is
recorded in the one thousand six hundred and forty-sixth book of the new General
Register of Sasines, Reversions, &c. and on the 102, 103, 104, 105, 106, 107, 1^)8,
109, 110 and 111th leaves thereof, conform to the act of Parliament made thereanent
in June 1617» by me, depute-keeper of said Register. An. Wishart.

APPKNniX.

121

ty.

iral

08,

' purpose. Witness myself at Edinburgh, the 7tli day of July, and in the second year
* of our roign, 18J1.

' To the Sheriifof Edinburgh and his Bailies, for Alexander, Earl of Stirling and
' Dovan, to his great-great-great grandfather.

( Si^neil) * William Camimiell J'. Sub.'

Akteii heading and inteuimietino which precept of seisin, in the common speech, to
the witnesses present, the foresaid Sheriff, in virtue of the said precept of seisin, and of
the dispensation therein contained, and the ofKce of bailiary therein committed to him,
GAVE and UELiVEiiEU heritable state and seisin, actual, real and corporal possession of
the said lands and others above specified, with the pertinents, to the before-named
Alexander, Earl of Stirling and Dovan, heir aforesaid, and that by delivery of earth
and stone of the ground of the said Castle into the hands of the said attorney, for and
in name of the said Alexander, Earl of Stirling and Uovan, after the tenor of the said
precept of seisin above inserted, and dispensation contained in the same, in all points.
Wheueui'on, and upon all and sundry the premises, the foresaid attorney asked instru-
ments from me, the undersigned notiiry-public. These things wkue so hone at the
said Castle of Edii:b"r;rh, within the outer gate there, in virtue of the dispensation
foresaid, between the hours of eleven forenoon and twelve noon, on the day of the
month, in the year of our Lord, and of the reign of our sovereign lord the King, above
written, in presence of David Byars, clerk in the office of the clerk of the sheriffdom
of Edinburgh, and William Wilson, second son of me, notary-public, residing in Lyn-
doch Place, at Edinburgh, witnesses to the premises specially called and required, and
this public instrument with mc subscribing.

And I truly, James Wilson, clerk of the diocese of Edinburgh, and clerk of the
sheriffdom of Edinburgh, and notary-public, by royal authority, and by the
Lords of Council and Session, according to the tenor of the act of Parliament
admitted, because at all and sundry the premises, whilst they were, as is before
stated, so said, done and performed, 1 was, together with the before-named
witnesses, personally present, and all and sundry these premises I saw, knew,
and heard so performed and said, and took a note of them ; therefore I, being
called and required, prepared therefrom this present public instrument, by
another hand, upon this and the six foregoing pages of parchment, duly stamped,
with the marginal addition on page third, faithfully written, and have rendered
it in this form of a public instrument j and in faith, corroboration and testimony
of the truth of all and sundry the premises, have signed and subscribed the
same with my sign, name and surname, used and wont.

Veritas.
Ja. Wilson, N. P.

Dav. Bj/ars, witness.

fVm. Wilson, witness.

it' '
!

122

APPENDIX.

No. V.

'I.

•'•'h

Original Charter in favour of Sir William Alexander 0/ Menstrie, Knight,

of the Lordship of Canada, d^c.

Carolus Dei Gratia Magiie Britannic Francie et Hibernic Rex Fideique Defensor
Omnibus probis hominibus totiiis terre scu clcricis et laicis salutem Sciatis quia nos per-
fecte diligentes quo pacto fidelis ac praedilectus noster consiliavius Dominus Wiliiehnus
Alexander de Menstrie miles noster Principalis Sccretarius pro regno nostro Scotiae ac
Haereditarius Locum tenens regionis et dominii nostri Novae Scotiae in Aniericavariis suis
susceptis navium machinarum bcUicarum tormentorum et nuinitionuui provisione deduc-
tione coloniarum necnon in dicta regione perspicienda pcragranda et possidenda magnos
sumptus ct impensas sustinuerit et quo melius ipse ceterique nostri subditi dictae regionis
inhabitationcm secum experturi corroborentur pro ulteriore nostrorum in istis partibus
dominiorum dilatatione Christianae religionis inibi propagatione viaeque seu transitus
sperabili revelatione et detectione ad ista niaria quae Aniericae ab occiciente incumbunt
vulgo lie South Sea nuncupata undo magni istius Huminis seu sinus Canadae vel ali-
cujus in eun lorn detiuentis Huvii caput seu scaturigo non procul distare existimatur ac
quoniam ex speciniino ppk" dictum Doniinum Willielminn in dictae regionis Novae
Scotiae ad praef'atum sinum et fluvium Canadam terminantis pevspectione ct peragratione
hactenus exbibito spectata plantationis in isiis partibus mitia ad propagationem dictae
religionis magnumque antiqui rcgni nostri Scotiae decus et emolumentum tantum ten-
dentia sibi stabilienda proposuit ex quo fieri potest ut dictae coloniae per ipsum suosque
succcssores plantandae luic ope praetatam viam seu transitum ad dicta maria niultum hue
usque praegravibus considerationibus desideratum totiesque per varias personas suscep-
tum processu temporis detegant Igituii ac pro dicti Domini Willielmi haercdum suorum
assignatorum suorumque participum et associatorum ad ulteriorem in tali tantoque sus-
cepto progressum flagrantioribus accendendis animis nos cum specialibus avisaniento et
consensu pracfidelis et praedilecti nostri consanguinei ct consiliarii Joannis Comitis
Marriae Domini Erskene et Gareoch magni nostri tliesaurarii nostrorum compu-
torum rotulatoris collectoris et tbesaurarii novarumque nostrarum augmentationum
regni nostri Scotiae fidelis et praedilecti nostri consiliarii Archibaldi Domini Naper
de Mercbingstoun nostri in dictis officiis deputati ac reliquorum dominorum nostri
secret! consilii nostrorum comniissionariorum dicti regni nostri Scotiae Dcdinius con-
cessimus et disposuimus tenoreque praesentis cartac nostrae Damus conccdimus et
disponimus praefato Domino Willielmo Alexander hacredibus suis et assignatis haere-
ditarie imperpetuum Omnes et siiigulas insulas infra sinum Canadae jacentes inter
Novam Scotiam et Terram Novan- ad ostium ct introitum praedicti magni Huminis
Canadae ubi decidit ct intrat in dictum sinum (includendo inibi magnam insulam Anti-
costi) necnon dedimus concessimus ct disposuimus tenoreque praesentis cartae nostrae
damus conccdimus et disponimus praenominato Domino Willielmo Alexander suisque
praedictis oranes et singulas insulas infra dictum fluvium Canadam jacentes a dicto ostio

APPENDIX.

123

No. V.

Charter of Canada, 1628.

Charles, by the Grace of God, King of Great Britain, France and Ireland, and De-
fender of the Faith. To all good men of his whole land, clergy and laity, greeting :
Know ye, that we, being perfectly mindful by what engagement our faithful and well-
beloved Councillor, Sir William Alexander of Menstrie, Knight, our Principal Secretary
for our kingdom of Scotland, and Hereditary Lieutenant of our country and dominion of
Nova Scotia, in America, has sustained great charges and expenses in his various under-
takings, in the providing of ships, engines of war, ordnance and munitions, in the con-
ducting of colonies ; as also, in exploring, settling and taking possession of the said
country ; and, whereby, he, and our other subjects, who alongst with him were to find
a settlement in the said country, might be assisted for the further diffusion of the Chris-
tian religion, in those parts of our dominions, its propagation therein, and the expected
revealing and discovery of a way or passage to those seas, which lie upon America on
the west, commonly called the South Sea, from which the head, or source of tliat great
River or Gulf of Canada, or some river flowing into it, is deemed to be not far distant ;
and since by the example already exhibited by the said Sir William in the exploring
and settling of the said country of Nova Scotia, terminating at the foresaid Gulf and
River Canada, he has proposed establishments by him in those parts of the plantation,
which seem to be favourable for the propagation of the said religion, and tending only
to the great honour and profit of our ancient kingdom of Scotland, whence it may come
to pass that the said colonies to be planted by him and his successors, may by this means,
in process of time, discover the foresaid way or passage to the said seas, much hitherto,
for very weighty considerations, desired, and so often by various persons undertaken.
Therefore, and for exciting the more earnest resolutions of the said Sir William, his
lieirs, assignees, portioners and associates, to further progress in such and so great an
enterprise, we, with the special advice and consent of our very faithful and well-beloved
Cousin and Councillor, John, Earl of Mar, Lord Erskene and Gareoch, our High
Treasurer, Comptroller, Collector and Treasurer of our new augmentations of our king-
dom of Scotland ; our faithful and well-beloved Councillor, Archibald, Lord Naper of
Merchingstoun, our deputy in the said offices, and the remanent Lords of our Privy
Council ; our Commissioners of our said kingdom of Scotland ; have given, granted and
disponed, and, by our present charter, give, grant and dispone to the foresaid Sir Wil-
liam Alexander, his heirs and assignees, heritably, for ever, all and sundry islands with-
in the Gulf of Canada, lying between Nova Scotia and Newfoundland, at the mou;,a
and entrance of the great river Canada aforesaid, where it falls and enters into the said
Gulf (including therein the great island Anticosti.) Also, we have given, granted and
disponed, and, by our present charter, give, grant and dispone to the before-named Sir
William Alexander, all and sundry islands, lying within the said river Canada, from the

I t !

124

APPENDIX.

(!■ ■

':>. iH'!-

et introitu ad caput usque primum oituni et scaturiginem cjusdcm ubicunque sit aut
lacum unde fluit (qui putatur esse versus magiTMn sinum Califoniiac a quihusdam Mare
Vcrnieis nuncupatum) aut infra quosvis alioo Huvios in dictum fluviuni Canadam de-
fluentc'S vol in quibuscunquc lacubus aquis sive fVctis per quae vcl dictus niaguus Huvius
Canada vel aliqui alii dictorum fluvioruni dccurrunt aut in quibus exeunt ac praeterea
dedimus et concessimus tenorequc praesentis cartae nostrae damns et concedimus prae-
fato Domino Wiilielmo suisque antcdictis quinquaginta leucas bondarum ab utroque
latere antedicti fiuvii Canadae a dicto ostio et introitu ad dictum caput fontem et scatu-
riginem ejusd necnon ab utroque latere dictorum aliorum Huviorum in eundem defluen-
tium ac etiam ab utroque latere dictorum lacuum fretorum seu aquarum per quas quilibet
dictorum fluviorum decurrunt aut in quibus exeunt et similiter dedimus et concessimus
tenoreque praesentis cartae nostrae damns et concedimus praefato Domino Wiilielmo
Alexander suisque praedictis totas et integras bondas et transitus tam in aquis quam in
terra a praedicto capite fonte et scaturigine Canadae ubicunque sit aut a quocunque
lacu unde labitur ad praef'atum sinum Californiae quantacunque comperta liierit esse
distantia cum quinquaginta leucis omnimodo ab utroque latere ejusdem transitus ante
dictum caput Canadae et sinum Californiae et similiter omnes et singulas insulas infra
eundem sinum Californiae jacentes ac etiam totas et integras terras et bondas eidem
sinui ab occidente et austro adjacen sive reperiantur pars continentis sive terrae firmae
sive insula (ut putatur esse) quae Californiae nomine vulgo nuncupatur et indigitatur
insuper dedimus et concessimus tenoreque praesentis cartae nostrae damns et concedi-
mus ac pro nobis et successoribus nostris cum avisamento et consensu praedict pro per-
petuo confirmamus praefato Domino Wiilielmo Alexandei* haeredibus suis et assignatis
quibuscunquc haereditarie omnes et singulas alias terras bondas lacus fluvios freta silvas
Ibrestas aliaque per ipsum suosve successores eorum participes associates aut alios eorum
nomine seu potestatem ab his habentes quocunque tempore future invenienda conquerenda
seu detegenda super utroque latere integrarum bondarum et transitus antedict ab ostio
et introitu dicti fiuvii Canadae ubi in dictum sinum Canadae se exonerat ad dictum
sinum Californiae aut insulas in maribus eidem adjacentibus quae per alios nostros sub-
ditos aut subditos alterius alicujus Christiani principis sen ordinum nobiscum in foedere
et amicitia constitutorum hactenus realit et actualit possess non sunt Cum plena et
absoluta potestate ipsi dicto Domino Wiilielmo Alexander suisque praedict (nullisque
aliis) eorum factoribus servis et aliis eorum nomine colonias stabiliendi ac utendi com-
niercio in praenominatis locis seu bondis vel qualibet carundem parte particularit designat
omnesque alios ab iisdem arcendi seu ])rohibendi Necnon proportioncs terrarum earun-
dem cuicunque personae seu quibuscunquc personis prout sibi commodum videbitur
elocandi ac super iisdem terminis conditionibus restrictionibus et observationibus infra
omnes praenominatas bondas sicut in Nova Scotia per quascunque literas patentes seu
diplomata ipsi per quond nostrum charissimum patrem vel nosmetipsos concess facere
potest cum talibus etiam et tantis privilegiis libertatibus et immunitatibus in omnibus
praedictis locis seu bondis insulis aliisque suprascriptis tam in mari aqua dulci quam in
terra quales quantasque dictus Dorainus Willielmus Alexander habct in Nova Scotia
perpriorcs suas literas patentes seu diplomata de Nova Scotia de data apud

APPF.XDIX.

1 25

us
in

said inoutli and entrance, up to the liead, fountain and source tlicrcof, wheresoever it
be, 0. the hike whence it flows, (wliich is thought to be towards the Gulf of Californi;i,
called by some the Vermilion Sea,) or within any other rivers Hovvin;;- into the said river
Canada, or in whatsoever lakes, waters, or arms of the sea, through which eitiier the
said great river Canada, or any of the said other rivers pass, or in whicli they discharge
themselves. And further, we have given and granted, and, by our present ciiarter, give
and grant to the foresaid Sir William, and his foresaids, fifty leagues of bounds, on both
sides of the foresaid 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 Howiug 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 termiimte ; and, in like man-
ner, we have given and granted, and, by our present charter, give and grant to the fore-
said Sir William Alexander, and his foresaids, all and whole the bounds and passages,
as well in waters as on land, from the foresaid head, fountain, and source of (the river)
Canada, wheresoever it is, or from whatsoever lake it flows, down to the foiesaid Gulf
of California, whatsoever the distance shall be found to be, with fifty leagues altogether
on both sides of the said passage, before the said head of (the river) Canada, and Gulf
of CaK^'ornia ; and likewise, all and sundry islands lying within the said Gulf of Cali-
fornia; ii^ also, all and whole the lauds 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 char-
ter, give and grant, and for us and our successors, with advice and consent foresaid,
perpetually confirm to the foresaid Sir William Alexander, his heirs and assignees what-
soever, 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, associates, or others in their name, or ha-
ving power from them, upon both sides of the whole bounds and passages 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 adja-
cent, which are not yet really and actually possessed by others, our subjects, or the sub-
jects of any other Christian Prince, or constituted Orders in alliance and friendship with
us, with full and absolute power to him the said Sir William Alexander, and his fore-
saids, (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 others from
the same : also, of leasing out proportions of the lands thereof, to whatsoever person or
persons shall seem to him fit, and on the same terms, conditions, restrictions, and ob-
servances, within all the before-named bounds, as he can do in Nova Scotia, by whatso-
ever Charters or Patents granted to him by our late dearest father or by ourselves :
Also, with such, and as great privileges and immunities, in all the foresaid places, or
bounds, islands, and others above written, as well in the sea and fresh water, as on
land, as the said Sir William Alexander has in Nova Scotia, by his prior Charters or
Patents of Nova Scotia, dated at

126

APPExNDIX.

ii 1

! '

I 1

It.;

! ,1',

] I

i s\

Quaequid privilegia in dictis prioiibus Uteris
patentibus contenta ct unumquodque eorum adeo sufficientiu et valida fore ordinamus ac
si singula hie particularit et sigiilatiin conccssa ct expressa fuissent de verbo in verbum
ejusdem omnimodo roboris fortitudinis et efficaciae fore volentes penes quorum particu-
larem hie non insertionem nos pro nobis et successoribus nostris dispensaviinus tenoreque
praesentis cartae nostrae dispensanius iniperpctuuin Declarando etiam sicut nos cum
avisamento et consensu pracdicto ordinamus et declaramus pro nobis et successoribus
nostris quod liae praesentes nostrae literae paten seu diploma nuUatenus erit praeju-
dicabile nee derogativuni quibuscunque juribus cartis seu diplomatibus praefato Domino
Willielmo Alexander suisve antedictis de aut super Nova Scotia quocunque tempore
datam praesentium praeccdcnte concessis aut alicui capiti clausulae articulo seu condi«
tioni in iisdem expressis ac etiam sine praejudicio prioris alicujus literae patentis per nos
antehac quibuscunque Baronettis infra Scotiam de regione Novae Scotiae concess seu
concedend quovis tempore futuro Prohibendo et vetando prout nos tenore praesentis
cartae nostrae specialit proliibemus et vetamus omnes et singulos nostros subditos cujus-
cunque gradus seu conditionis in quolibet nostrorum regnorum seu dominiorum ne uUam
faciaut plantationem nee ullo utantur commercio in dictis locis seu bondis sinrbus fluviis
lacubus insulis et fretis suprascriptis aut in aliqua earund parte absque specialibus avisa-
mento licentia et consensu praefati Domini Willielmi Alexander suorumve praedictorum
ac cum speciali potestatc dicto Domino Willielmo Alexander suisque praedictis attachi-
andi arrestandi et dcprehendendi omnes et singulas personas quae ncgotiari et com-
mercio uti in aliqua dictorum locorum seu bondarum parte contra banc prohibitionem
inventae fuerint eorumque naves et bona confiscandi ac desuper in sues proprios usus
pro libito disponendi absque ullo computo seu ratione de eisd vel aliqua earund parte
reddenda quomodolibet onmiaque alia adeo libere et large in omnibus intentionibus pro-
positis et instructionibus facieridi infra totas et integras praenominatas bondas seu spatia
sicuti praefatus Dominus Willielmus Alexander suique praedicti infra dictam regionem
Novae Scotiae seu dictum regnum nostrum Scotiae fccisse potuit seu facere potest vir-
tutc cujuslibet dictarum literarum patentium priorum cartarum seu diplomatum Tenen-
DAs et Habendas totas et integras praenominatas terras spatia seu bondas insulas alia-
que generalit et particularit expressa cum singulis suis privileges immunitatibus et com-
moditatibus quibuscunque generalit et particularit supramentionat praefato Domino
Willielmo Alexander suisque praedictis de nobis et successoribus nostris de corona et
regno nostro Scotiae in libera alba firma imperpetuum per omnes rectas metas antiquas
suas et divisas prout jacent in longitudine et latitudine in domibus aedificiis boscis pla-
nis moris maresiis viis semitis aquis stagnis rivolis pratis pascuis et pasturis molendinis
multuris et eorum sequelis aucupationibus venationibus piscationibus petariis turbariis
carbonibus carbonariis cuniculis cuniculariis columbis columbariis fabrilibus brasinis
brueriis et genistis silvis nemoribus et virgultis lignis tignis lapicidiis lapide et calce cum
curiis et earum exitibus herezeldis bludevitis et mulierum merchetis cum communi pas-
tura liberoque introitu et exitu ac cum omnibus aliis et singulis suis libertatibus com-
moditatibus proficuis asiamentis ac justis suis pertinen quibuscunque tam non nominal
quam nominat tam subtus terra quam supra terram procul et prope ad praedict terras
cum pertinen spectau seu juste spcctare valen quomodolibet in futurum libere quiete

APPENDIX.

I'j;

which privilcj^cs, contained in the said prior charters, and every
one of them, we ordain to be equally sufficient and valid, and altogether of the same
strength, force and effect, as if each had been herein, word for word, particularly, and
by itself, granted and expressed ; as to the not particular insertion of which heroin, vvc,
for us and our successors, have dispensed, and, by our present charter, for ever dispense ;
declaring also, as we, with advice and consent foresaid, ordain and declare, for us and
our successors, that this our present Charter or Patent shall in no wise be prejudicial
or derogatory to whatsoever rights. Charters or Patents, granted to the foresaid Sir Wil-
liam Alexander, or his foresaids, of, or concerning Nova Scotia, at whatsoever time
preceding the date of these presents, or to any head, clause, article or condition therein
expressed, as also shall be, without prejudice, to any prior charter granted by us ere
now, or to be granted at any time to come to whatsoever Baronets within Scotland, of
the country of Nova Scotia ; prohibiting and forbidding all and sundry our subjects, of
whatsoever degree or condition, wheresoever, in our kingdoms or dominions, to make
any plantation, or engage in any commerce in the said places or bounds, gulfs, rivers,
lakes, islands and arms of the sea above written, or in any part thereof, without the
special advice, permission and consent of the foresaid Sir William Alexander, or his
foresaids ; and with special power to the said Sir William Alexander, and his foresaids,
of seizing, arresting and apprehending all and sundry persons, wlio shall be found to be
in trade, and engaged in commerce in any part of the said places or bounds, contrary
to this prohibition, and of confiscating their ships and goods, and disposing thereof at
pleasure, to their own proper uses, without rendering any count or reckoning in any
manner, for the same, or any part thereof; and of doing all other things within all and
whole the before-named bounds or spaces, as freely and fully, to all intents, purposes
and instructions, as the foresaid Sir William Alexander and his foresaids could have
done, or can do within the said country of Nova Scotia, or our said kingdom of Scotland,
in virtue of any of the said letters-patent, prior Charters or Patents : To be holden, and
to hold all and whole the before-named lands, spaces or bounds, islands and others,
generally and particularly expressed, with their sundry privileges, immunities and com-
modities whatsoever, generally and particularly, above mentioned, by the foresaid Sir
William Alexander and his foresaids, of us and our successors, of the Crown and our
kingdom of Scotland, in free blench farm for ever, by all their right, meiths, old and
divided, as they lie in length and breadth, in houses, buildings, thickets, plains, muirs,
marshes, roads, foot-paths, waters, pools, rivulets, meadows, grazings and pastures ;
mills, multures and their sequels; fowlings, huntings, fishings, peat ground, turf grounds,
coals, coal pits, rabbits' warrens, pigeons, dovecots, forges, kilns, breweries and broom
woods, groves and shrubs, buried trees, timber, quarries, stone and lime ; with courts
and their dues ; herezeUL, fines and raids of women ; with common pasturage, and free
ish and entry ; and with all other and sundry liberties, commodities, profits, easements
and just pertinents thereof whatsoever, as well not named as named, under ground as
above ground, far and near, belonging, or which may justly belong, in any manner, for
the future, to the foresaid lauds, with the pertinents, freely, quietly, fully, entirely,

!' m

1:.

128

APPENDIX.

f-r

pleiiarie intcgie houoiifice bene et in pace cum furca fossa sok sac thole theme wert
wrack wair wclh vennysoun iufangtheif outfangtheif pit et gallows sine aliquo inipedi-
menlo rcvocatione coutradictionc aut obstaculo aliciuali Reddendo inde annuatim
dictus Doniinus Williclmus suique praedicti nobis et successoribus nostris unum dena-
rium monetae Scotiae super solo diet tcrraruni aut alicujus partis earund ad festum Nati-
vitatis Domini noniiue albac firmae si pctatur tantum Quasquidem totas et integras
praenomiuatas terras spatia seu bondas insulas aliaque generalit et particularit supra ex-
])ressa ut dictum est iios cum specialibus avisamento et consensu praedicto pro nobis et
successoribus nostris ereximus et univimus tenoreque praesentis cartae nostrae erigimus
et unimus in unum integrum et libcrum Dominium de Canada nuncupandum ad me-
moratum Dominuui Wiilielmum Alexander suosque praedict haereditarie spectan et
pertinen impcrpctuiiin Nobis etiam tenore praesentis cartae nostrae gratiose placet
quod quandocuiique dictus Dominus Williclmus Alexander suique antedicti vel aliquis
eorum banc praesentem nostram cartam cum omnibus et singulis beneficialibus clausulis
et conditionibus quae in dictis prioribus literis patentibus cartis sen diplomatibus de
Nova Scotia renovari voluerit et desideraverit vel prout ipse sui antedicti vel eorum qui-
libet ex advocatorum consultatione aut speciali aliqua ulterioris seu certioris dictorum
locorum seu bondarum fluviorum lacuum fretorum seu transituum aliorumque supra
mentionat detectionis cognitione magis commodum et expediens videbitur tunc et in eo
casu nos diet cartam pracfato Domino Willielmo Alexander suisque antedictis in optima
et amplissima quae comminisci poterit forma renovaturos et translaturos promittimus in
verbo Principis Jnsuper nos tenore praesentis cartae nostrae cum avisamento et consensu
praedict decernimus declaramus et ordinamus quod sasina per diet Dorainum Wiiliel-
mum Alexander suosve praedictos apud castrum nostrum de Edinburgh tanquam emi-
nentissimum et ])rincipalem dicti regni nostri Scotiae locum aut super solo et fundo
praefat terrarum bondarum et insularum vel cujuslibet earund partis ad placitum et
libitum ejusdem Domini Willielmi suorumq praedict capienda omni tempore futuro suf-
liciens erit pro totis et integris praenominatis terris bondis insulis aliisque supra specifi-
cat aut aliqua j)arte sou portione earund et quod haeredes praefati Domini Willielmi
suorumq praedict in omnibus et singulis praenominatis terris bondis insulis aliisq prae-
dictis vel per praecepta e cancellaria dicti regni nostri Scotiae aut cancellaria per dictum
Dominum Wiilielmum suosque antedictos in praefata regione et dominio de Canada in-
stituenda pro libito sasiantur aut etiam prout haeredes sui per dictas priores suas con-
cessiones in Nova Scotia sasiri possunt penes quod nos cum avisamento et consensu
praedicto pro nobis et successoribus nostris dispensavimus tenoreque praesentis cartae
nostrae dispensamus imperpetuum ac penes omnia et singula praenominata privilegia
aliaque generalit ct particularit supra mentionata Et praeterea fecimus et constituimus
tenoreque praesentis cartae nostrae facimus et constituimus

et eorum quemlibct conjunctim et divisim balivos nostros in hac parte dan et conceden
iis et eorum cuilibet nostram plenam potestatem et speciale warrantum statum et sasinam
haereditariam parit et possessionem actualem realem et corporalem praefato Domino
Willielmo Alexander suiscjue antedictis vel suis certis actornatis banc praesentem cartam
nostram habentibus seu producentibus dandi concedendi et deliberandi de omnibus et
singulis praenominatis terris bondis fluviis lacubus insulis fretis seu transitibus aliisque

APPENDIX.

129

honourably, well and in peace, with gibbet, ditch, suit, liberty of pleas, toll, power of
having servants, forestry, sea-wreck, ware, waif, venison ; jurisdiction over thieves taken
within and without the liberties ; pit and gallows, without any impediment, revocation,
contradiction or obstacle whatsoever ; paying therefor yearly, the said Sir William, and
his foresaids, to us and our successors, one penny, Scots money, upon the ground of the
said lands, or any part thereof, at the Feast of the Nativity of our Lord, in name of
Mench farm, if asked only ; which whole and entire forenamed lands, spaces or bounds,
islands and others, generally and particularly, above expressed, as said is, we, with the
special advice and consent foresaid, for us and our successors, have erected and united,
and, by our present charter, erect and unite into one entire and free lordship for ever,
to be called of Canada, heritably belonging and pertaining to the before-mentioned Sir
William Alexander, and his foresaids ; Also, we, by our present charter, are graciously
pleased, that whensoever the said Sir William Alexander, and his foresaids, or any of
them, shall wish and desire this our present charter to be renewed, with all and sundry
beneficial clauses and conditions, as in the said prior charters or patents of Nova Scotia,
or as he, his foresaids, or any of them, on consultation of counsel, or by any special exa-
mination towards the further or more certain discovery of the said places or bounds,
rivers, lakes, arms of the sea or passages, and others above mentioned, shall see to be
more advantageous and expedient, then, and in that case, we, on the word of a prince,
promise, that we will renew and alter the said charter to the foresaid Sir William Alex-
ander and his foresaids, in the best and most ample form that can be conceived : More-
over, we, by our present charter, with advice and consent foresaid, decern, declare and
ordain, that seisin to be taken by the said Sir William Alexander, or his foresaids, at
our Castle of Edinburgh, as the most eminent and principal place of our said kingdom
of Scotland, or upon the soil and ground of the foresaid lands, bounds and islands, or
any part thereof, at the pleasure and will of the said Sir William, and his foresaids, shall,
in all time coming, be sufficient for all and whole the before-named lands, bounds,
islands and others above specified, or any part or portion thereof; and that the heirs of
the foresaid Sir William, and his foresaids, may be seised in all and sundry the before-
named lands, bounds, islands and others foresaid, by precepts out of either the chancery
of our said kingdom of Scotland, or the chancery to be instituted by the said Sir Wil-
liam, and his foresaids, in the aforesaid country and lordship of Canada, as they incline,
or also as their heirs can be seised, by their said prior grants in Nova Scotia, as to which
we, with advice and consent foresaid, for us and our successors, have dispensed, and, by
our present charter, for ever dispense, and as to all and sundry the before-named privi-
leges and others, generally and particularly above mentioned : And further, we have
made and constituted, and, by our present charter, make and constitute,

and any of them, conjunctly and severally, our bailies
in that part, giving and granting our full power and special warrant to them, and any
one of them, for giving, granting and delivering to the foresaid Sir William Alexander,
and his foresaids, or to their certain attornies, holding or producing this our present
charter, heritable state and seisin, as well as actual, real and corporal possession of all
and sundry the before-named lands, bounds, rivers, lakes, islands, arms of the sea, or
passages, and others whatsoever, generally and particularly above expressed, of the said

; I:'

180

APPENDIX.

I! I

'J \

quibuscunque generalit et particularit supra cxpressis dictae region is et dominii dc Canada
apud diet castrum nostrum de Edinburgh vel super solo ct fundo cujuslibet partis prae-
dict tcrrarum ct bondarum seu locorum vel utroque inodo ad placitutn dicti Domini
Willielmi Alexander suorumque praedict mandan iisdcm et eorum cuilibet quatenus
visis praesentibus indilate stutum et sasinam haercditariam parit et possessionem actualem
realem et corporalem omnium et singularum praenominat terrarum locorum seu bonda-
rum insularum fluviorum lacuum aliorumque praedict generalit et particularit supra
express praefato Domino Willielmo Alexander suisque praedictis vel suis certis actorna-
tis banc praesentem cartam nostram habentibus seu producentibus super qualibet parte
fundi diet terrarum vel apud castrum nostrum de Edinburgh vel utroque modo prout
ipsi suisque praedictis melius apparebit dent tradant et deliberent seu aliquis eorum det
tradat et deliberet per terrae et lapidis deliberationem praefato Domino Willielmo suis-
que antcdictis vel eorum actornatis banc praesentem nostram cartam habentibus seu
producentibus apud diet castrum vel super solo et fundo dicv terrarum aliorumq supra
script vel utroque modo pro libito dicti Domini Willielmi suorumque praedictorum
quamquidem sasinam ita per dictos nostros balivos in hac parte praefato Domino Willi-
elmo suisque antedict vel eorum actornatis banc praesentem cartam nostram habentibus
seu producentibus tradendam nos pro nobis ct successoribus nostris decernimus et ordi-
namus bonam legitimam validam et sufficientem fore in omni tempore futuro dispen-
sando sicuti nos tenore praesentis cartae nostrae dispensamus penes omnia quae adversus
eand objici possunt sive in forma sive in effectu Dcnique nos pro nobis et successori-
bus nostris cum avisamento et consensu praedict volumus decernimus declaramus et
or'linamus banc praesentem cartam nostram cum omnibus et singulis privilegiis liberta-
tibus clausulis articulis et conditionibus supradictis in proximo nostro Parliamento regni
nostri Scotiae seu quolibet alio ejusd regni Parliamento posthac tenendo ad libitum et
placitum dicti Domini Willielmi Alexander suorumque praedict ratificandam appro-
bandam ct confirmandam roburque fortitudinem et efficaciam decreti ejusd supremi fori
habituram ad quod faciendum nos pro nobis et successoribus nostris volumus et declara-
mus eand nostram cartam et clausulas inibi content sufficiens fore mandatum seu vtrar-
rantum idem ita fieri et perfici proraittentes in verbo Regis In cujus rei testimonium
huic praesenti cartae nostrae magnum sigillum nostrum apponi praecepimus testibus in
aliis a nostris consanguineis et consiliariis Jacobo marchione de Hamiltoun comite Arranie
et Cantabrigie domino Aven et Innerdaill W"" Mariscalli comite domino Keyth &c.
regni nostri mariscallo George vicecomite de Duplin domino Hay de Kinfawins nostro
concellario Thoma comite de Haddingtoun domino Bynning et Byres &c. nostri
secreti sigilli custode dilectis nostris familiaribus consiliariis Dominis W"" Alexander
de Menstrie, n~ro secretario principali Jacobo Hamiltoun de Magdalenis nostrorum
rotulorum registri ac consilii clerico Georgio Elphingstoun de Blythiswod nostre
justitiarie clerico et Joanne Scot de Scottistarvett militibus nostre cancellarie directore
Apud regiam nostram de Whythali secundo die mensis Februarij anno Dni millesimo
sexcentesimo vigesimo octavo et regni nostri tertio.

t,;!

APPENDIX.

181

country and lordship of Canada, at our said Castle of Edinburgh, or upon the soil and
ground of any part of the foresaid lands and bounds, or places, or in both manners, at
the pleasure of the said Sir William Alexander, and his foresaids, commanding them,
and any one of them, that, on sight of these presents, they, or any one of them, forth-
with give and deliver heritable state and seisin, as well as actual, real and corporal pos-
session of all and sundry the before-named lands, places or bounds, islands, rivers, lakes
and others foresaid, generally and particularly above expressed, to the foresaid Sir Wil-
liam Alexander, and his foresaids, or to their certain attornies, holding or producing
this our present charter, upon any part of the ground of the said lands, or at our Castle
of Edinburgh, or in both manners, as shall appear to him and his foresaids best, by de-
livery of earth and stone to the foresaid Sir William Alexander, and his foresaids, or to
their attornies, holding or producing this our present charter at the said Castle, or upon
the soil and ground of the said lands and others above written, or in both manners, as
the said Sir William, and his foresaids, incline, which seisin so to be delivered by our
said bailies in that part to the foresaid Sir William, and his foresaids, or to their attor-
nies, holding or producing this our present charter, we, for us and our successors, de-
cern and ordain to be good, lawful, valid and sufficient in all time coming, dispensing,
as we, by our present charter dispense, as to all that can be objected against the same,
whether in form or in effect. Lastly, we, for us and our successors, with advice and
consent foresaid, will, decern, declare and ordain this our present charter, with all and
sundry privileges, liberties, clauses, and conditions, above mentioned, to be ratified, ap-
proved and confirmed, in our next Parliament of our kingdom of Scotland, or in any other
Parliament of the said kingdom hereafter to be holden, at the will and pleasure of the said
Sir William Alexander, and his foresaids, and to have the strength, force, and effect of a
decree of that supreme court, which to do, we, for us and our successors, will and de-
clare our said charter, and clauses therein contained, to be a sufficient mandate or war-
rant, promising, on the word of a King, that the same shall be so done and performed.
In witness whereof, we have ordered our Great Seal to be appended to this our present
charter, the witnesses being, as in other (charters,) our cousins and councillors, James,
Marquess of Hamiltoun, Earl of Arran and Cambridge, Lord Aven and Innerdaill,
William, Earl Marishal, Lord Keyth, &c., Marishal of our kingdom, George Viscount
of Duplin, Lord Hay, of Kinfawins, our Chancellor, Thomas, Earl of Hadingtoun,
Lord Bynning and Byres, &c.. Keeper of our Privy Seal, our beloved familiar council-
lors, Sir William Alexander, of Menstrie, our principal Secretary, Sir James Hamiltoun,
of Magdalenis, Clerk of our Rolls, Register, and Council, Sir George Elphingstoun of
Blythiswode, our Justice Clerk, and Sir John Scot, of Scottistarvett, Director of our
Chancery, Knights, at our palace of Whythall, the 2d day of February, anno Domini
1628, and the third of our reign.

General retour of the service of Alexander, Earl of Stirling, as heir of William,
Earl of Stirling, 11th October 1830.

(Records, Register House, Edinburgh.)

189

APPENDIX.

No. VI.

Instrumevl of Seisin in favour of Alexander^ Earl of Stirling and Dovan, oftJie
Lands, Country and Lordship of Canada.

In Dei nomine, Amen. Per hoc praescns publicum instrumcntum cunctis pateat evi-
dcuter et sit notum Quod anno incainationis Domini millesimo octingcntesimo et tri-
gesimo primo mensis veio Julii die octavo regnique serenissimi domini nostii Gulielmi
Quarti Dei gratia Britanniarum regis fideique defensoris anno secundo, In mei notarii
publici et testium subscribentium praesentia personaliter comparuit Ephraim Lockhart
scriba signeto regio tanquam procurator et actornatus pro ac in nomine praehonorabilis
Alexandri Comitis de Stirling et Dovan, Vicecoinitis de Stirling et Canada Domini
Alexander de Tullibodie et cetera adnepotis et haeredis quondam Domini Willielrai
Alexander militis primi Comitis de Stirling specialiter constitutus cujus procuratoriae
potestas mihi notario publico subscribenti lucide constabat et ibidem etiam accessit
Thomas Christophorus Banks armiger residen. in No. 19. lie Duke Street Edinburgh
balivus in hac parte specialiter constitutus virtute cartae subtus mentionat. ac praecepti
sasinae inibi content, ad Castrum de Edinburgh quodquidem Castrum est locus pro
danda sasina terrarum aliorumque subscriptorum virtute unionis et dispensationis in diet,
carta et praecepto sasinae subscripto content, habicns diet, actornatus et tenens in ejus
manibus quoddam extractum registratae cartae fact. dat. et concess. per Carolum Mag-
nae Britanniae Franciae et Hiberniae regem sub suo magno sigillo praeceptumque sasi-
nae in eadem continen. pro sasina danda praefato Domino Willielmo Alexander suo
Haereditario Locumtenenti regionis et dominii Novae Scotiae in America haeredibus
suis et assignatis haereditarie imperpetuum omnium et singulauum insularum intra
sinum Canadae jacentium inter Novam Scotiam et Terram Novam ad ostium et introi-
tum magni fluminis Canadae ubi decidit et intrat in dictum sinum (includendo inibi
magnam insulam Anticosti) : Necnon omnium et singulahum insularum intra dictum
fluvium Canadam jacentium a dicto ostio et introitu ad caput usque primum ortum et
scaturiginem ejusd. ubicunque sit aut lacum undo fluit (qui putabatur esse versus mag-
num sinum Californiae a quibusdam Mare Vermeis nuncupatum) aut intra quosvis alios
fluvios in dictum fluvium Canadam defluentes vel in quibuscunque lacubus aquis sive
fretis per quae vel dictus magnus fluvius Canada vel aliqui alii diet, fluviorum decurrunt
aut in quibus exeunt : Ac praeterea quinquaginta leucarum bondarum ab utroque latere
antedicti fluvii Canadae a dicto ostio et introitu ad dictum caput fontem et scaturiginem
ejusd. necnon ab utroque latere diet, aliorum fluviorum in eund. defluentium ; ac etiam
ab utroque latere dictorum lacuum fretorum seu aquarum per quas quilibet dictorum
fluviorum decurrunt aut in quibus exeunt : £t similiter totarum et integrarum bon-
darum et transituum tam in aquis quam in terra a praedicto capite fonte et scaturigine
Canadae ubicunque sit aut a quocunque lacu unde labitur ad praefatum sinum Califor-
niae quantacunque comperta fuerit esse distantia ; cum quinquaginta leucis omnimodo
ab utroque latere ejusd. transitus ante dictum caput Canadae et sinum Californiae ; et

APPENDIX.

188

No. VI.

Instrument of Seisin in favour of Alexander, Earl of Sfirlinjr, ^-c. of Canada.

In the name of God, Amen. Be it known to all men by this present public
instrument, That on the 8th day of July, in the year of our Lord 1831, and of the
reign of our sovereign lord, William the Fourth, by the grace of God of the United
Kingdom of Great Britain and Ireland, King, Defender of the Faith, the second year.
In presence of me, notary-public, and the witnesses subscribing, appeared personally
Ephraim Lockhart, writer to his Majesty's signet, as procurator and attorney, specially
constituted, for and in name of the Right Honourable Alexander, Earl of Stirling and
Dovan, Viscount of Stirling and Canada, Lord Alexander of Tullibodie, &c. great-
great-great grandson and heir of the deceased Sir William Alexander, Knight, the first
Earl of Stirling, whose power of procuratory was sufficiently known to me, the under-
signed notary-public ; and there also appeared Thomas Christopher Banks, Esquire,
residing in No. 19. Duke Street, Edinburgh, bailie in that part specially constituted, in
virtue of the charter under mentioned, and precept of seisin therein contained, to the
Castle of Edinburgh, the place for giving seisin of the lands and others under written,
in virtue of the union and dispensation contained in the said charter and precept of
seisin under written ; the said attorney having and holding in his hands a certain
extract registrate charter, made, given and granted by Charles, King of Great Britain,
France and Ireland, under his Great Seal, containing therein the precept of seisin for
giving to the foi'esaid Sir William Alexander, his Majesty's Hereditary Lieutenant of
the country and lordship of Nova Scotia in America, and his heirs and assigns, heri-
tably for ever, seisin of all and sundry islands lying within the gulf of Canada,
between Nova Scotia and Newfoundland, at the mouth and entrance of the great river
Canada, where it falls and enters into the said gulf, (including therein the great island
Anticosti) : Also of all and sundry islands lying within the said river Canada, from
the said mouth and entrance up to the head, first rise and source thereof, wheresoever
it is, or the lake whence it flows, (which was thought to be towards the great bay of
California, called by some the Vermilion Sea,) or within any other rivers falling into the
said river Canada, or in whatsoever lakes, waters, or straits, by which either the said
great river Canada or any of the said other rivers pass, or in which they run out : And
further, of fifty leagues of bounds on both sides of the aforesaid river Canada, from the
said mouth and entrance to the said head, spring and source thereof; also on both
sides of the said other rivers falling thereinto ; as also on both sides of the said lakes,
straits or waters by which any of the said rivers pass, or in which they terminate : And
likewise, of all and whole the bounds and passages, as well on the waters as on the
land, from the foresaid head, spring and source of the river Canada, wheresoever it is,
or whatsoever lake it has its course from, to the foresaid bay of California, whatsoever
shall be found to be the distance ; with fifty leagues altogether on both sides of the said
passage over against the said head of the river Canada and bay of California ; and like-

184

APPENDIX.

m . i

similiter omnium ct sincularum insularum intra cund. sinum Californiac jaccntium ;
ac ctiam totarum et integharum terrarum ct hondarum cidcm .sinui ab occidentc ct
aiistro adjaccn. sivu cxpcriantur pars coutincntis sivu tcrrac Hrmac sivc insula (ut puta*
batur esse) quae Californiac nomine vulgo nuncupabutur ct indigitabatur : Insuper om-
nium et singulauum aliarum terrarum bondarum lacuum Huviorum i'rctorum siivarum
forestarum aliorumquc per ipsum pracfat. Dominum Willielmum Alexander suosve suc-
cessores corum participes associatos aut alios eoruiu nomine seu potestatem ab his ha-
bcntcs quocunque tempore futuro inveniendorum conqucrendorum seu detegendorum
super utroque latere integrarum bondarum et transitus antedict. ab ostio ct intruitu dicti
Huvii Canadae ubi in dictum sinum Canadac sc exonerat ad dictum sinum Caliibrniae
aut insulas in maribus cidcm adjaccntibus, quae per alios subditos dicti regis aut subdi-
tos altcrius alicujus Christiani principis seu ordinum cum dicto regc in foedcre ct uuii-
citia constitutorum hactenus realit. ct aetualit. posscssa non crant : Cum plena et ab«
soLUTA I'OTESTATE ipsi dicto Douiiuo Williclmo Alexander suisque pracdict (nullisque
aliis) corum factoribus scrvis ct aliis corum nomine colonias stabilicndi ac utendi com-
mercio in praenominatis locis seu bondis vcl qualibet carund. parte particularitcr dcsig-
nat. omnesque alios ab eisdem arcendi seu prohibeiidi ; nee non proportioncs terrarum
carund. cuicunquc personae seu quibuscunquc personis prout sibi commodum videbitur
elocandi ac super eisdem tcrminis conditionibus restrictionibus ct observationibus intra
omnes praenominatas bondas sicut in Nova Scotia per quascunquc litcras patentes seu
diplomata ipsi per quond. patrem diet, regis vcl diet, regem ipsum conccss. f'acere potuit,
cum talibus ctiam et tantis privilegiis libcrtatibus et immunitatibus in omnibus pracdictis
locis seu bondis insulis aliisque supra scriptis tam in mari aqua dulci quam in terra quales
quantasque dictus Dominus Willielmus Alexander habebat in Nova Scotia per priores
suas literas patentes seu diplomata de Nova Scotia ; ((uaequidem privilegia in dictis prio-
ribus literis patentibus contenta et unumquodque corum adeo sufHcientia et valida fore
ordinal!, ac si singula in diet, carta particularitcr et sigillatim concessa ct expressa fuis-
sent de verbo in verbum ejusdemque omnimodo roboris fortitudinis et efiicaciae fore
volen. penes quorum particularcm in diet, carta non insertionem dispensan. imperpe-
tuum : Per quam cartam ctiam ordinatur et dcclaratur quod ea nullatcnufi esset praeju-
dicabilis nee derogativum quibuscunque juribuscartis seu diplomatibus praefato Domino
Willielmo Alexander suisve antedictis de aut super Nova Scotia quocunque tempore
datam cjusd. cartae praeeedente concessis aut alicui capiti clausulae articulo seu condi-
tioni in eisdem exprcssis ; ac ctiam sine praejudicio prioris alicujus litcrae patentis per
diet, regem quibuscunquc Baronettis intra Scotiam de regionc Novae Scotiae concess.
seu concedend. quovis tempore futuro : Et diet, rex specialiter prohibuit et vetavit om-
»es et singulos suos subditos cujuscunque gradus seu conditionis in quolibet suorum reg-
norum seu dominiorum ne ullam facerent plantationem nee ullo uterentur commercio
in dictis locis seu bondis sinubus Huviis lacubus insulis et fretis supra scriptis aut in
aliqua eorund. parte absque specialibus avisamento licentia et consensu praefati Do-
mini Willielmi Alexander suorumve praedictorum ; ac cum spcciali potestate dicto
Domino Willielmo Alexander suisque praedictis attachiandi arrestandi et deprehendi
omnes et singulas personas quae negotiari et commercio uti in aliqua dictorum

APPENDIX.

1S6

wise of ALL and sundry islands lying within the said bay of California ; as ulso of all
and WHOLE the hnids and bounds adjacent to the said bay on the west and south,
whether they be found u part o( the continent or main land, or an island, (as it was
thought to be,) which was commonly called and distinguished by the name of Cali-
fornia : Moreover, of all and sunuky other lands, bounds, lakes, rivers, straits, woods,
forests and others that shall have been explored, conquered or discovered at any time to
come by him the foresaid Sir William Alexander, or his successors, their confederates,
associates, or others in their name, or having power from them, upon both sides of the
whole bounds and passage aforesaid, from the mouth and entrance of the said river
Canada, where it discharges itself into the said gulf of Canada, to the said bay of Cali-
fornia, or islands in the seas thereto adjocent, which were not heretofore really and
actually possessed by others, cither the subjects of his said Majesty, or the subjects of
any other Christian prince or constituted orders in alliance and friendship with his
Majesty : 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 planting colonies and engaging in trade in the before-named places or
bounds, or any part of them particularly marked out, and of expelling or debar-
ring all others from the same; also of allocating proportions of the lands thereof
to whatsoever person or persons shall seem to him fit, and upon the same terms,
conditions, restrictions and regulations within all the forenamcd bounds, as he could
do in Nova Scotia, by whatsoever charters or patents granted to him by his said
Majesty's father, or his Majesty himself, also with such and as great privileges, liberties
and immunities in all the foresaid places or bounds, islands and others above written, as
well in the sea and fresh water as on land, as the said Sir William Alexander had in
Nova Scotia by his prior charters or patents of Nova Scotia ; which privileges, contained
in the said prior charters and every one of them, his said Majesty ordained to be equally
sufficient and valid, and willed to be altogether of the same strength, force and effect,
as if they had severally been particularly and one by one granted and set forth word for
word in the said charter, as to the not particular insertion of which in the said charter
his said Majesty for ever dispensed : By which charter also it is ordained and declared,
that it should in nowise be prejudicial or derogatory to whatsoever rights, charters or
patents granted to the foresaid Sir William Alexander, or his aforesaid, of or concerning
Nova Scotia, at whatsoever time preceding the date of the said charter, or to any head,
clause, article or condition therein set forth ; as also, that it should be without prejudice
to any prior charter granted by his said Majesty, or to be granted at any time to come,
to whatsoever Baronets within Scotland of the country of Nova Scotia : And his said
Majesty specially prohibited and debarred all and sundry his subjects, of every degree
or condition, in any of his kingdoms or dominions, from making any plantation, or en-
gaging in any trade in the said places or bounds, bays, rivers, lakes, islands and straits
above written, or in any part thereof, without the special advice, permission and consent
of the foresaid Sir William Alexander, or his foresaids ; and with special power to the said
Sir William Alexander, and his foresaids, of seizing, taking and apprehending all and
sundry persons who shall be found to be in business and engaged in trade in any part

h '

136

APPENDIX.

'i.l

locorum seu bondarum parte contra diet, prohibitionem inventae fuerint eorum-
que naves et bona confiscandi ac desuper in sues proprios usus pro libito dispo»
nendi absque ullo compute seu ratione de eisd. vel aliqua eorund. parte reddendo
quomodolibet ; omniaque alia adeo libere et large in omnibus intentionibus propositis
et instructionibus faciendi intra totas et integras praenominatas bondas seu spatia sicut
praefatus Dominus Willielmus Alexander suique praedicti intra dictam regionem Novae
Scotiae seu dictum regnum Scotiae fecisse potuerunt virtute cujuslibet dictarum litera-
rum patentium priarum cartarum seu diplomatum : Quaequidem totae et integrae
terrae spatia seu bondae insulae aliaque supra expressa erect, sunt et unit, in unum in-
tegrum et liberum dominium de Canada nuncupandum ad memoratum Dominum
Willielmum Alexander suosque praedict. haereditarie spectan. et pertinen. imperpe-
tuum ; ordinan. sasinam per diet. Dominum Willielmum Alexander suosve praedictos
apud diet. Castrum de Edinburgh aut super solo et fundo praefiit. terrarum bondarum
et insularum vel cujuslibet earund. partis capiendam omni tempore future sufficientem
fore pro totis et integris praenominatis terris bondis insulis aliisque supra specificat. aut
aliqua parte seu portione earund. penes quod dispensan. imperpetuum ; prout in diet,
carta praeceptoque sasinae in fine ejusd. inserto comprehenden. diversas alias clausulas
latius continetur : Ac etiam habens actornatus praedict. et tenens in ejus manibus
quendam generalem retornatum deservitionis praenominati Alexandri Comitis de Stir-
ling et cetera tanquam propinquioris et legitimi haeredis praefati Domini Willielmi
Alexander primi Comitis de Stirling sui atavi expedit. coram balivis regalitatis burgi
vici Canonicorum prope Edinburgh undecimo die mensis Octobris anno Domini mil-
lesimo octingentesimo et trigesimo et debite ad capellam regiam retornat. Habens atque
quendam specialem retornatum deservitionis dicti Alexandri Comitis de Stirling et cetera
tanquam propinquioris et legitimi haeredis antedict. expedit. coram vicecomite substitute
vicecomitatus de Edinburgh secundo die mensis Julii anno prius supra scripto et simili-
ter ad diet, capellam retornat. ; quae deservitio generalem deservitionera includit ejus-
dem generis et characteris ; per utram quarum deservitionum diet. Alexander Comes
de Stirling et cetera inivit jus ad praedict. cartam et ad praeceptum sasinae nondum
execut. omnesque alias clausulas in se content, prout in retornatibus diet, deservitionum
respective item continetur ; quodquidem extractum cartae cum diet, retornatibus ac-
tornatus praedict. exhibuit et diet, balivo in hac parte ut praefertur legitime constituto
obtulit eumque rogavit ut mandatum et officium per diet, praeceptum sasinae sibi com-
missa debite praestaret ; quemque uogatum diet, balivus percipiens esse justum ratio-
nique consonan. diet, extractum cartae et retornatus in manibus suis recepit et mihi
notario publico tradidit testibus astantibus perlegend. publicand. et in vulgari sermone
explicand. Quod feci et cujus praecepti sasinae in diet, extracto cartae content, tenor
sequitur ct est talis : ♦ ET preterea fecimus et constituimus tenoreque presentis carte
• nostre facimus et constituimus

i '

et eorum quemlibet conjimctim et divisim balivos nostros in hac parte dan. et conceden.
iis et eorum cuilibet nostram pleuam potcstatem et speciale warrantum statum et sasi-

1 •

APPENDIX.

i;{:

of the said places or bounds contrary to the said prohibition, and of confiscating their
ships and goods, and disposing tliereof at pleasure to their own proper uses, without
rendering any count or reckoning in any manner for the same, or any part thereof ;
and of doing all other things within all and whole the forenamed bounds or spaces, as freely
and fully to all intents, purposes and ends as the foresaid Sir William Alexander, and
his foresaids, could have done within the said country of Nova Scotia, or the said king-
dom of Scotland, in virtue of any of the said letters-patent, prior charters or patents :
All and whole which lands, spaces or bounds, islands and others above set forth, were
erected and united into one whole and free lordship, to be called of Canada, belonging
and pertaining to the before-mentioned Sir William Alexander, and his foresaids, heri-
tably for ever ; ordaining seisin at the said Castle of Edinburgh, or upon the soil jmhI
irround of the foresaid lands, bounds and islands, or any part thereof, to be taken by the
said Sir William Alexander, or his foresaids, to be in all time to come suificient for all
and whole the forenamed lands, bounds, islands, and others above specified, or any part
or portion thereof, as to which his said Majesty for ever dispensed ; as in the said charter
and precept of seisin inserted in the end thereof, comprehending divers other clauses,
is more fully contained : As also the foresaid attorney having and holding in his
hands a certain general retour of the service of the before-named Alexander, Earl of
Stirlin<T, &c. as nearest and lawful heir of the foresaid Sir William Alexander, the first
Earl of Stirling, his great-great-great grandfather, expede before the bailies of the
borough of Canongate, near Edinburgh, the 11th day of October, anno Domini 1830,
and duly retoured to his Majesty's chancery; and having a certain special retour of
the service of the said Alexander, Earl of Stirling, &c. as nearest and lawful heir afore-
said, expede before the Sheriff-substitute of the sherifi'dom of Edinburgh, the 2d day of
July in the year first above written, and likewise retoured to the said chancery j whicli
service includes a general service of the same kind and character ; by either of which ser-
vices the said Alexander, Earl of Stirling, &c. acquired right to the foresaid charter, and
to the precept of seisin still unexecuted, and all the other clauses therein contained ; as
in the retours of the said services respectively is also contained ; Which extract chartei',
with the said retours, the foresaid attorney exhibited and presented to the said bailie in
that part, lawfully c-.istituted as is before stated, and desired him duly to execute the
command and ofhce committed to him by the said precept of seisin ; Which desire the
said bailie finding to be just and reasonable, he received the said extract charter and
retours into his hands, and delivered them to me, notary-public, to be read, published
and explained in the common speech to the witnesses present ; Which I did, and of
which precept of seisin, contained in the said extract charter, the tenor follows in these
words : * AND further, we have made and constituted, and by the tenor of our present
* charter we make and constitute

sasi-

• and any one of them, jointly and severally, our bailies in that part, giving and granting

• to them, and any one of them, our full power and special warrant for giving, granting

i}.':

Ivt

13H

APPENDIX.

' nam hereditaiiam parit et possessioner.i actualcm rcalcm et corporalem prcfato Domino

• Willielmo Alexander suisque antcdictis vel suis certis actornatis banc prescntcm car-

• tarn nostram habentibus sen producentibus dandi concedcndi et deliberandi de omni-

• bus et singulis prenominatis terris bondis fluviis lacubus insulis frelis seu transitibus
' aliisquc quibuscunquc gcneralit. et particularit. supra expressis dicte regionis et do-
' minii de Canada apud diet. Castrum nostrum de Edinburgh vel super solo et fundo
' cujuslibet partis predict, tcrrarum et bondarum seu locorum vel utroque inodo ad pla-
' citum dicti Domini Willit-'imi Alexander suorumque predict, mandan. iisdeni et eorum

• cuilibet quatenus visis presentibus indilate statum et sasinam hereditariam parit et pos-
' sessionem actualem rcalcm et corporalem omnium et singularum pronominat. terrarum
' locorum seu bondarum insulurum fluviorum lacuum aliorumque predict, generalit. et

• particularit. supra express. ])refiito Domino Willielmo Alexander suisque predictis vel
' suis certis actornatis banc presentem cartam nostram habentibus seu producentibus

• super qualibct parte fundi diet, tcrrarum vel apud Castrum nostrum de Edinburgh vel
' utroque modo prout ipsi suisque predictis lUelius apparebit dent tradant et deliberent

• sou aliquis eorum det tradat et deliberet per tcrre et lapidis dcliberationem pref'ato
' Domino Willielmo suisque antcdictis vel eorum actornatis hanc presentem nostram
' cartam habentibus seu producentibus apud diet. Castrum vel super solo et fundo diet.

• terrarum aliorumq. supra script, vel utroque modo pro libito dicti Domini Willielmi

• suorumque predictorum quamquidera sasinam ita per dictos nostros balivos in hac parte
' prefato Domino Willielmo suisque antedict. vel eorum actornatis hanc presentem car-

• tarn nostram habentibus seu producentibus tradendam nos pro nobis et successoribus

• nostris decernimus et ordinamus bonam legitimam validam et sufficientem fore in omni

• tempore futuro dispensando sicuti nos tenore presentis carte nostre dispensamus penes

• omnia que adversus eand. objici possunt sive in forma sive in effectu : Denique nos

• pro nobis et successoribus nostris cum avisamento et consensu predict, volumus decer-

• nimus declarannis et ordinamus hanc presentem cartam nostram cum omnibus et sin-

• gulis privilegiis libertatibus clausulis articulis et conditionibus supradictis in proximo
' nostro Parliamento regni nostri Scotie seu quolibet alio ejusd. regni Parliamento post-

• hac tenendo ad libitum et placitum dicti Domini Willielmi Alexander suorumque

• predict, ratificandam approbandam et confirmandam roburque fortitudinem et effica-

• ciam decreti ejusd. supremi fori habituram ; ad quod faciendum nos pro nobis et suc-

• cessoribus nostris volumus et declaramus eand. nostram cartam et clausulas inibi con-

• tent, sufficiens fore mandatum seu warrantum idem ita fieri et perfici promittentes in

• veibo Regis. In cujus rei testimonium huic praesenti carte nostre magnum sigillum
' nostrum aj)poni precepimus, testibus in aliis a nostris consanguineis et consiliariis Ja-
' cobo Marchione de Hamiltoun Comite Arranie et Cantabrigie Domino Aven et In-
' nerdaill W"'" Mariscalli Comite Domino Keyth &c. regni nostri mariscallo George
' \'icecomite de Duplin Domino Hay de Kinfawius nostro cancellario Thoma Comite
' de Hadingtoun Domino Bynning et Byres &c. nostri secreti sigilli custode dilectis

• nostris familiaribus consiliariis Dominis W'"° Alexander de Menstrie n^ro secretario

• principali Jacobo Hamiltoun de IMagdalenis nostrorum rotuloruni registri ac consilii
' clcrico Georgio Elphingstoun de Blythiswod nostre justitiarie clerico et Joanne Scot

APPENDIX.

i;{!)

In-

rge
lite
2Ctis
:i]rio
ksilii
Scot

' and delivering to the foresaid Sir William Alexander, and his aforesaid, or to their

• certain attornies, having or producing this our present charter, heritable state and

• seisin, and also actual, real and corporal possession of all and sundry the forenanied
' lands, bounds, rivers, lakes, islands, straits or passages, and others whatsoever, generally
' and particularly above set forth, of the said country and lordship of Canada, at our said
' Castle of Edinburgh, or upon tlie soil and ground of any part of the foresaid lands

• and bounds or places, or in both manners, at the pleasure of the said Sir William
' Alexander, and his foresaids, commanding them, and any one of them, that on sight
' hereof they, or any one of them, forthwith give and deliver heritable state and seisin,

• and also actual, real and corporal possession of all and sundry the forenamed lands,
' places or bounds, islands, rivers, lakes and others foresaid, generally and particularly

• above set forth, to the foresaid Sir William Alexander, and his foresaids, or to their

• certain attornies, having or producing this our present charter, upon any part of the
' ground of the said lands, or at our Castle of Edinburgh, or in both manners, as shall
' appear best to him and his foresaids, by delivery of earth and stone to the foresaid

• Sir William, and his aforesaid, or to their attornies, having or producing this our
' present charter at the ,;;aid Castle, or upon the soil and ground of the said lands
' and others above written, or in both manners, at the pleasure of the said Sir
' William, and his foresaids ; which seisin so to be given by our said bailies in that

• part to the foresaid Sir William, and his aforesaid, or to their attornies having or
' producing this our present charter, we, for us and our successors, decree and or-
' dain to be good, lawful, valid and sufficient in all time coming, dispensing, like as
' we, by the tenor of our present charter, dispense, as to all that can be objected
' against the same, whether in form or in effect : Finally, we, for us and our successors,

• with advice and consent foresaid, will, decree, declare and ordain, that this our prc-

• sent charter, with all and sundry privileges, liberties, clauses, articles and conditions

• above mentioned, be ratified, approved and confirmed in our next Parliament of our
' kingdom of Scotland, or, at the will and pleasure of the said Sir William Alexander,

• and his foresaids, in any other Parliament of the said kingdom hereafter to be holden,
' to have the strength, force and effect of a decree of that supreme court ; for d )ing

• which, we, for us and our successors, will and declare our said charter, and the clauses

• therein contained, to be a sufficient mandate or wu:"''snt, promising, on the word of a
' King, the same shall be so done and pcri'ornied. In witness whereof we have ordered

• our Great Seal to be appended to this our present charter, before witnesses, as in

• others, our cousins and counsellors, James Marquess of Hamiltoun, Earl of Arran and
' Cambridge, Lord Aven and Innerdaiil, William, Earl Murischal, Lord Keyth, &c.

• marischal of our kingdom, George Viscount Duplin, Lord Hay of Kinfawins, our

• chancellor, Thomas Earl of Hadingtoun, Lord Bynning and Byres, &c. keeper of

• our Privy Seal, our beloved familiars and counsellors Sir William Alexander of Men-

• strie, our principal secretary. Sir James Hamiltoun of Magdalenis, clerk of our rolls,

• register and council, Sir George Elphinstoun of Blythiswod, our justice-clerk, and Sir

140

APPENDIX.

hli

Vcriim erode.
.Tk. M'Gregob, N. p.
J)/iv. Jit/ars, witness.
W'm. H'lAon, witness.

• dc Scottistarvett itiilitibus nostre cancellaiic ilirectore ; apud reglam nostram de

• Whythall secundo die mcnsis Februarij anno Dni millesimo sexcentesimo vigesinio
' octavo et regni nostii tertio.* Post qiiorumquidem extract! cartae preceptique sasi-
nae et rctornatuuni i'eulectionem publicationem et in vulgari sermone testibus as-
tantibus explicationem praef'atus Thomas Christophorus Banks balivus in hiic parte
antedict. iteruni diet, extractum cartae et retornatus in manibus suis recepit ac virtute
et vigore eorund. et officii baliatus sibi commis. statum et sasinam haereditariam pariter
et possessionem actualem realem et corporalem memorato Alexandre Coniiti de Stirling
et cetera haeredi antedict. pro se haeredibus suis et assignatis omnium et singulakum
praenominat. terrarum bondarum fluviorum lacuum insularum fretorum seu transituum
aliorumque quoriimcunque generaliter et particulariter supra express, dictae regionis et
dorainii de Canada secundum tenorcm antedict. cartae unionis et dispcnsationis in eadem
content, ac dicti praecepti sasinae supra insert, in omnibus per terrae et iapidis fundi
diet! Castri traditionem ct deliberationem in manibus diet. Ephraim Lockhart actornati
praedict. pro ac in nomine memorati Alexandri Comitis de Stirling et cetera dedit
TUAUiDiT pariter et delibeiiavit : Super quibus omnibus et singulis praemissis actor-
natus praedict. a me notario publico sibi fieri petivit iiistrumenta. Acta euant haec
apud dictum Castrum de Edinburgh intra extcriorem portam ibidem virtute unionis et
dispcnsationis antedict. horam inter undecimam ante meridiem et ipsum meridiem die
mensis anno incarn;itionis et S. D. N. Regis regni quibus supra, Pkaesentibus Davide
Byars clerico in camera clcrici vicecomitati:s de Edinburgh et Gulielmo Wilson scriba
ibidem testibus ad praemissa specialiter I'ogatis et requisitis ac hocce publicum instru-
raentum mccum subscribcn.

Et ego vero Joannes McGregor clericus Edinburgensis dioceseos ac notarius publicus

auctoritate regali ac per Dominos Concilii et Sessionis secundum tenorem acti

Parliamenti admissus quia praemissis omnibus et singulis dum sic ut praemittitur

dicerentur agerentur et fierent una cum praenominatis testibus praesens perso-

naliter interfui eaque omnia et singula praemissa sic fieri et dici vidi scivi et

audivi ac in notam cepi ideoque hoc praesens publicum instrumentum manu

aliena super banc et duas praecedentes paginas pergamenae debite impressae

fideliter scriptum exinde confeci ac in banc public! instrumenti formam redegi

signoqnc nomine ct cognomine meis solitis et consuetis signavi et subscripsi in

fidem robur et testimonium veritatis omnium et singulorum praemissorum roga-

tus et requisitus.

J. M'G. ^V. P.

At Edinburgh, the twelfth day of August one thousand eight hundred and thirty-
one years, this sasine was presented by Ephraim Lockhart, writer to the signet, and is
recorded in the one thousand six hundred and forty-sixth book of the new General
Register of Sasines, Reversions, &c. and on the 111, 112, 11.'?, 114, 115, 116, 117,
lis and 119th leaves thereof, conform to the act of Parliament made thereanent in
.June IG17. by mc, depute-keeper of said Register.

Alt. WiSHAUT.

-■3r-

roga-

[IT.

APPENDIX.

141

* John Scott of Scottistarvctt, director of our clianccry, Knij^lits ; at our palace of

* Wh)tliall, tlic 2cl day of February, in tlte year of our Lord I6i8, and of our

* reign the tlurd.' Ai'TEii heading, ruBi.isiiiNG, and kxi'laixinc which ex-
tract charter, and precept of seisin and retours, in tlic connnon sjieech, to the
witnesses present, the foresaid Thomas Cliristopher Kanks, bailie in that part
aforesaid, ajviiin received the said extract charter nnd retoure into his hands ; and,
in virtue and by the strength of the same, and of the office of bailiary committed
to him, GAVE and delivered to the before-mentioned iXlexander Earl of Stirling.
&c. heir aforesaid, for himself, his heirs and assigns, heritable state and seisiji, and
also actual, real, and corporal possession of all and suxDiiv the forenanied lands,
bounds, rivers, lakts, islands, straits or passages, and others whatsoever, generally
and particularly above expressed, of the said coiuitry and lordship of Canada,
after the tenor of tlte afoixjsiiid charter, the union and dispensation contained in
the same, and the said precei)t of seisin above inserted, in all points, by delivery of
earth and stone of the ground of the said Castle into the hands of the said Ephraim
Lockhart, attorney foresaid, for, and in name of, the before-mentioned Alexander
Earl of Stirling. &c. Wiieueupon, and upon all and sundry the premises, the
fv)resaid attorney asked instrumoits from me, notary-public. These things
WERE so DONE at the said Castle of Edinburgh, within the outer gate there, in
virtue of the union and dispensation aforesaid, between the hours of eleven fore-
noon, and twelve noon, on the day of the month in the year of our Lord, and of
the reign of our sovereign lord the King, above written, in puesence of David
Byars, clerk in the office of the sheriff-clerk of Edinburgh, and William Wilson,
writer there, witnesses to the premises specially called and required, and this
public instrument with me subscribing.

And I truly, John IM'Gregor, clerk of the diocese of Edinburgh, and notary-
public, by royal authority, and by the Lords of Council and Session,
according to the tenor of the act of Parliament admitted, because at all and
sundry the premises, whilst they were, as is before stated, so said, done, and
performed, 1 was, together with the before-named witnesses, personally
present, and all and sundry the premises I saw, knew, and heard so per-
formed and said, and took a note of them ; therefore I, being called and
required, prepared therefrom this present public instrument, by another
hand, upon this and the two foregoing pages of parchment, duly stamped,
faithfully written, and have rendered it in this form of a public instru-
ment ; and in faith, corroboration and testimony of the truth of all and
sundry the premises, have signed and £ubs(»'ibed the same with my sign,
name and surname, used and wont.

Verum crede.
Jn. M'Gregor, N.P.
Dav. Bijurs, witness,
Wm. IVilsm, witness.

i !.':

142

APPENDIX.

s J

No. VII.

Precept of Charter of Resignation, Confirmation, ^c. in favour of TVilliam Earl
of Stirling, and TVilliam Lord Alexander, Sfc. of the Earldom ofDovan.

Carolus, &c. — Quia, &c. Dedimus concessimus et disponimus nee non tenore
presentium cum avisamcnto et consensu predict, damns concedimus et disponimus
predilecto nostro consanguineo ac consiliario Willielmo Comiti de Stirling
Domino Alexander de Tillibodie nostri Secretarij infra hoc dictum regnum
nostrum Scotiae in vitali redditu duran. omnibus sue vitte diebus ac dilecto nostro
consanguineo et consiliario AVillielmo Domino Alexander ejus filio legittimo
natu maximo et heredibus suis masculis de corpore suo legittime procreatis veil
procreandis quibus deficientibus heredibus masculis dicti Willielmi Comitis de
Stirling et assignatis quibuscunque Omnes et singulas terras baronias aliaque
particulariter subscript, viz. Totas et integras terras et baroniam de Tillibodie cum
tenentibus tenandriis et libere tenentium servitiis earundem molendinis multuris
silvis carbonibus carbonarus partibus pendiculis annexis connexis dependentiis et
singulis suis pcrtinen. Ac totas et integras terras de Banchrie cum domibus edificiis
hortis loftis croftis partibus pendiculis et suis pertinen. quce sunt partes et pertinen.
dictarum terrarum baronie de Tillibodie et totam et integram salmonum pisca-
tionem super aqua de Dovan jacen. ante et prope predictas terras viz. ab aqua de
Forth ad lie Cobilcruik dictJB acqute de Dovan cum potestate illis habendi {lie
cruives) infra bondas predictas et iisdem vtendi cum omnibus privilegiis liberta-
tibus et commoditatibus ad easdem pertinen. et spectan. omnes vnit. ad dictam
baroniam jacen infra vicecomitatum nostrum de Clakmannan ac omnes perprius
vnit. annexat. erect, et incorporat. in vnam integram et liberam baroniam Baroniam
de Tillibodie nuncupat. Necnon totas et integras terras et baroniam de Tullicultrie
viz. terras de Balhart Drummy Schannoche Cosnachtoune Colunisdannache cum
molendino granario Cairntoun cum molendino fuUonio Ellokis Dauok et Hawis
Dauok terras de Hiltoun et montem de Tullicultrie cum turre fortalicio maneriei
loco domibus edificiis hortis pomariis partibus pendiculis et pertinen. earundem
quibuscunque jacen. infra dictum vicecomitatum nostrum de Clakmannan Ac
etiam totas et integras terras de Wester Tullicultrie cum monte cjusdem
molendino terris molendinariis astrictis multuris cum pertinen. earundem jacen.
infra vicecomitatum predict, et similiter carbones de present! super dictis terris
existen. cum omnibus necessariis operibus et instrumentis ejusdem ad easdem
spectan. cum omni vtilitate commoditate et beneficio earundem et omnia ad
dictum opus carbonari um pertinen. Necnon totam et integram ecclesiam de
Tullicultrie rectoriam et vicariam ejusdem ac etiam totas et integras illas decern
acras terrarum et glebam terrarum ecclesiasticarum de Tullicultrie cum domibus
edificiis et pertinen. earundem que per abbates et conventum de Cambuskenneth

APPENDIX.

148

No. VII.

Privy Seal Precept of the Earldom ofDovariy IG.37.

Charles, &c. — Forasmuch as, &c. we have given, granted, and disponed, and
by these presents, with advice and consent foresaid, give, grant, and dispone, to
our well-beloved cousin and counsellor, William Earl of Stirling, Lord Alexander
of TuUibodie, our Secretary within this our kingdom of Scotland, in liferent during
all the days of his life, and to our beloved cousin and counsellor, William Lord
Alexander, his eldest lawful son, and his heirs-male lawfully procreate or to be
procreate of his body, whom failing, to the heirs-male and assignees whatsoever of
the said William Earl of Stirling, All anr^ sundry the lands, baronies, and others
particularly underwritten, viz. AH and whole the lands and barony of TuUibodie,
with tenants, tenandries, and services of free tenants thereof, mills, multures,
woods, coal, coalheughs, parts, pendicles, annexes, connexes, dependencies, and
their sundry pertinents ; And all and whole the lands of Banchrie, with houses,
buildings, yards, tofts, crofts, parts, pendicles, and their pertinents, which are parts
and pertinents of the said lands and barony of TuUibodie ; and all and whole the
salmon fishing upon the water of Dovan, lying opposite and near to the foresaid
lands, viz. from the water of Forth to the Cobilcruik of the said water of Dovan,
with power to them of having cruives within the bounds foresaid, and using the
same, with all privileges, liberties, and commodities pertaining and belonging
thereto, all united to the said barony, lying within our sheriffdom of Clakmannan,
and all formerly united, annexed, erected, and incorporated into one entire and
free barony called the Barony of TuUibodie ; And also, all and whole the lands
and barony of TuUicultrie, viz. the lands of Balhart, Drummy, Schannoche, Cos-
nachtoune, Colunisdannache with the corn mill, Cairntoun with the waulk miU,
Ellokis Dauok and Hawis Dauok, the lands of Hiltoun and hill of TuUicultrie,
with the tower, fortalice, manor place, houses, buildings, yards, orchards, parts,
pendicles, and pertinents thereof whatsoever, lying within our said sheriffdom of
Clakmannan ; As also, all and whole the lands of Wester TuUicultrie, with the hill
thereof, mill, mill lands, and astricted multures, with the pertinents of the same,
lying within the sheriffdom foresaid, and likewise the coal at present on the said
lands, with all works and instruments thereof necessary thereto belonging, with
all advantage, commodity, and benefit thereof, and all things to the said colliery
pertaining ; And also, all and whole the church of TuUicultrie, parsonage, and
vicarage thereof; as also, all and whole those ten acres of land, and glebe of
church lands of TuUicultrie, with houses, buildings, and pertinents thereof, which
were let in feu farm by the abbots and convent of Cambuskenneth to the deceased

^iHil!

144

APPENDIX.

in fciidifirmam locabatitur quondam Jacobo Domino ColveU de Culros avo
Jacobi nunc Domini Colvcll jaccn. infra predict, vicccomitatuni nostrum de
Clackmannan ac more in infcofamcntis dcsuper fact, ct conccss. bondat. cum
omnibus et siri^ulis decimis garbalibus aliisque dccimis tam rcctoriis quam
vicariis fructubus redditubus emohimentis ct devoriis carundem quibuscunque
ad casdem spectan. et ab antiquo ad abbates de Cambuskenncth pertinen. cum
omnibus ct singulis carbonibus ct carbonariis dictarum terrarum aliorumque
supra rccitat. cum pertinen. et omnibus operibus necessariis ct instrumentis
earundem quibuscunque ad easdem spectan. cum omni beneficio redditibus et
commoditatibus earundem cum omnibus et singulis partibus pcndiculis tenen.
tcnan. libere tenentium servitiis totarum et integrarum predictarum terrarum
aliorumque respective particulariter suprascript. jacen. vt prefcrtur Quequidem
terras baronia' aliaque prescrij)t. ad prefatum Willielmum Comitem de Stirling
Willielmum Dominum Alexander ejus filium et Dominum Alexander Scliaw de
Sauche militem perprius hereditarie pertinuerunt per ipsos de nobis immediate in
capite tent, ac per illos eorumque procuratores suis nominibus ad ?umc cfFectum
spealiter constitutos per eorum severales literas patcntes in manibus dictorum
dominorum nostri scaccarij nostrorum commissionariorum ad resignationes
recipiendas novaque infeofamenta desuper danda constitutorum tanquam in
manibus nostris eorum immediato superiore apud Edinburgum duodecimo
die mensis Junii proximo elapsi pure et simpliciter per fustum et baculum vt
moris est resignate et extradonate fuerunt vnacum omni jure titulo interesse
jurisclameo proprietate possessione actione et instantia que sen qnas illi aut
eorum aliquis eorumque successores et assignati respective in et ad easdem aut
aliquam earundem partem habuerunt habent aut quovismodo in futurum habere
pretendere seu clamare poterit et hoc in favorem dictorum Williclmi Comitis de
Stirling in vitali redditu duran. omnibus suae vitte diebus et prenominat.
Willielmi Domini Alexander ejus filis ac heredum suorum masculorum de corpora
suo legittime procreat. veil procreand quibus deficientibus in favorem ha?redum
masculorum dicti Willielmi Comitis de Stirling et assignatorum quorumcunque
et pro novo infeofamento illis de iisdem nostro sub magno sigillo in debita et
competenti forma retrodand prout autentica instrumenta in manibus Georgij
Halden notarij publici desuper suscepta latins proportant Preterea ratificavimus
et approbavimus necnon tenore presentium cum avisamento et consensu predict,
ratiiicamus et approbamus omnes cartas infeofamenta pra^cepta et sasina? instru-
menta prefatarum terrarum baroniarum aliorumque predict, pref'ato Willielmo
Comiti de Stirling veil suo filio aut eorum authoribus aliquibus jus habent per
nos nostrosve predecessores aut per quamcunque personam vel quascunque
personas liereditarios earundem pro tempore concess. Necnon ratificamus et
approbamus jus alienationem et dispositionem factam per quondam Joann.m
Comitem de Mar, Dominum Erskeine et Garioche, &:c. hereditariuni proprietarium
decimarum rectoriarum et vicariarum dictarum terrarum et baronia' do Tillibodie
pro tempore Domino Jacobo Erskeine de Tillibodie militi heredibus suis et

APPENDIX.

14'.

James Lord ColvcU of Ciilros, grnndfatlicr of James, now Lord Colvell, lyin^
within our sheriffdom of Clakmannim foresaid, and bounded in manner mentioned
in the infeftments thereupon made and granted, with all and sundry teind
sheaves, and other teinds, as well parsonage as viearage, fruits, rents, emoluments,
and duties thereof whatsoever thereto belonging, and of old pertaining to the
abbots of Cambuskcnneth, with all and sundry eoal and eoalheughs of the said
lands and others above recited, with the pertinents and all works and instruments
thereof whatsoever necessary thereto belonging, with all benefit, rents, and com-
modities thereof, with all and sundry parts, pendicles, tenants, teiiandries, and
services of free tenants of all and whole the foresaid lands, and others respectively
and particularly above written, lying as aforesaid ; Which lands, baronies, and
others before written, formerly pertained heritably to the aforesaid William Karl
of Stirling, WiUiam Lord Alexander, his son, and Sir Alexander Schaw of Sauchie,
Knight, holden by them immediately of us in chief, and were by them, and their
procurators in their names to that effect, specially constituted by their several
letters patent, resigned and surrendered in the hands of the said Lords of our
Exchequer, our commissioners appointed to receive resignations, and thereupon
to give new infeftments, as in the hands of us their immediate superior, at Edin-
burgh, the twelfth day of June last past, purely and simply by staff and baton as
use is, together with all right, title, interest, claim of right, property, possession,
action, and instance, which they, or any of them, their successors and assigns
respectively, had, have, or any way in future might have, pretend, or claim
thereto, or to any part thereof, and that in favour of the said William Earl of
Stirling, in liferent during all the days of his life, and the before-named William
Lord Alexander, his son, and his heirs-male lawfully procreate, or to be procreate,
of his body, whom failing, in favour of the heirs-male and assigns whatsoever of
the said William Earl of Stirling, and for new infofiment to be again given to
them thereof under our Great Seal, in due and competent form, as authentic
instruments taken thereupon in the hands of George ilalden more fully proport.
Moreover, we have ratified and approved, and by these presents, with advice and
consent foresaid, ratify and ap))rove all charters, infeftments, precepts, and instru-
ments of seisin of the aforesaid lands, baronies, and others foresaid, to the afore-
said William Earl of Stirling, or his son, or any persons their authors, having
right granted by us or our predeceijsors, or by any person or persons heritors
of the same at the time ; And also, we ratify and approve the right, alienation,
and disposition made by the deceased John Earl of Mar, Lord Erskine and
Garioche, &c. heritable proprietor at the time, of the teinds, parsonage and
vicarage, of the said lands and barony of Tullibodie, to Sir James Erskine of
TuUibodic, Knight, his heirs and assigns, which is dated the

n\,.

146

APPENDIX.

Ji '

assignatis que est tie data die mensis anno Domini

millcsimo sexcentcssimo vnacum juribus et dispositionibus per

prcfatum Dominum Jaeobum inemorato Williebno Comiti de Stirling ejusque
authoribus dictaruin decimarum rectoriarum ct vicariarum prefatarum terrarum
et baroniie de Tillibodie in omnibus capitibus et articulis earum, &c. Ac volumus
et concedimus quod hcc presens nostra confirmatio et ratificatio sit et erit tanti
valoris et eflfieaciaj quamsi predietie cartje infeofamenta dispositioncs aliaque
prescript, in hac presenti carta nostra per expressum inserta fuissent penes quam
nos pro nobis et succcssoribus nostris dispensavimus tenoreque presentium dis-
pensamus imperpetuum. Ulterius nos pro bono fidcli et gratuito servitio nobis
nobilissimisque nostris progenitoribus dignissime memorie per mcmoratos
Willielmum Comitem de Stirling et Willielmum Dominum Alexander ejus tilium
temporibus retroactis prestito et impenso ac pro diversis aliis magnis respectibus
bonis causis et considerationibus nos ad hoc moven. ex nostra certa scientia
proprioque motu de novo dedimus concessimus et disposuimus necnon tenore
presentium cum avisamento et consensu predict, de novo damns concedimus et
disponimus mcmorato Willielmo Comiti de Stirling in vitali redditu duran.
omnibus sue vitfe diebus et prefato Willielmo Domino Alexander C;us filio et
heredibus suis masculis de corpore suo legittime procreatis veil procrp .ndis quibus
deficientibus heredibus masculis dicti Willielmi Comitis de Stirling et assignatis
quibuscunque omnes et singulas terras baronias aliaque particulariter subscript.
viz. Totas et integras predict, terras et baroniam de TuUibodie comprehenden.
terras de Banchrie cum tenentibus tcnandriis et libere tenentium servitiis
earundem molendinis multuris silvis carbonibus carbonariis partibus pendiculis
annexis connexis dependentiis et singulis suis pertinen. et totam et integram
salmonum piscationem super aqua de Dovane jacen. ante et prope predictas terras
infra bondas predictas cum omnibus privilegiis libertatibus et commoditatibus ad
easdem pertinen. et spectan. omnes perprius unit, ad dictam baroniam de TuUi-
bodie vnacum decimis rectoriis et vicariis dictarum terrarum et baronie de
TuUibodie comprehenden. terras et piscationes prescriptas necnon nominatione
ministri apud dictam ecclesiam de TuUibodie ejusque successorum quandocunque
vacare contigerit Ac totas et integras prsedictas terras et baroniam de TuUicultrie
comprehenden. terras molendina aliaque supra specificat. necnon totas et integras
predictas terras de AVester TuUicultrie cum monte ejusdem molendino terris
molendinariis astrictis multuris et pertinen. earundem ac carbones de presenti
super dictis terris de TuUicultrie et super eisdem et infra easdem lucrandas cum
omnibus necessariis operibus et instrumentis ejusdem ad easdem spectan. cum
omni vtilitate commoditate et beneficio earundem omnibusque aliis ad dictum
opus carbonarium pertinen. ac etiam totam et integram dictam ecclesiam de
TuUicultrie rectoriam et vicariam ejusdem et decimas tarn rectorias quam vicarias
hujusmodi vnacum advocatione donatione et jure patronatus ecclesie parochialis
et parochiiE de TuUicultrie cum jure nominationis ministri curam dictse ecclesiae
omni tempore futuro inserviendi cum potestate dicto nostro consanguineo suoque

APPENDIX.

day of Anno Domini, one tliousnnd six luindicd

and , together with the rights and dispositions

by the aforesaid Sir James to the above mentioned William Karl of Stirling,
and liis authors, of the said teinds, parsonage and viearagc, in nil the heads
and articles thereof, &c. And we will and grant that this onr present con-
firmation and ratification may, and shall be, of as great strength and effect as if
the foresaid charters, infeftments, dispositions, and others heibre written, were
expressly inserted in this our present charter, whcreanent we, for us and our suc-
cessors, have dispensed, and by these presents for over dispense. Furtiier, we, fi)r
the good, faithful, and willing service performed and rendered to us, ami to our
very noble progenitors of most worthy meuiory, by the above mentioned William
Earl of Stirling, and William Lord Alexander, his son, in times bypast, and for
divers other great respects, good causes and considerations us thereto moving,
liave, of our certain knowledge and proper motive, of new given, granted, and
disponed, and by these presents, with advice and consent foresaid, of new give.
grant, and dispone to the above mentioned AVillium Karl of Stirling, in liCererit
during all the days of his life, and to the aforesaid William Lord Alexander, his
son, and his heirs-male lawfully procreate, or to be j)rocreate, of his body, whom
failing, to the heirs-male and assigns whatsoever of the said William Karl of
Stirling, all and sundry the lands, baronies, and others particularly under written,
viz. All and whole the foresaid lands and barony of Tullibodie, couiprehcnding the
lands of Banchrie, with tenants, tenandries, and sjrvicjes of free tenants thereof,
mills, multures, woods, coal, coalheughs, parts, pendicles, amiexcs, connexes.
dependencies, and their sundry pertinents; and all and whole the salmon fishing
upon the water of Dovan, lying opposite and near to the foresaid lands within the
bounds foresaid, with all privileges, liberties, and commodities thereto pertaining
and belonging, all formerly united to the said barony of Tullibodie, together with
the teinds, parsonage and vicarage, of the said lands and barony of Tullibodie,
comprehending the lands and fishings before written ; and also, the nomination of
the minister at the said church of Tullibodie and his successors, whensoever it
shall happen to be void ; And all and whole the foresaid lands and barony of
TuUicultrie, comprehending the lands, mills, and others above specified ; and also,
all and whole the foresaid lands of Wester TuUicultrie, with the hill thereof, mill,
mill lands, astricted multures, and pertinents of the same, and coal at present on
the said lands of TuUicultrie, and to be winned upon and within the same, with
all works and instruments thereof necessary thereto belonging, with all advantage,
commodity, and benefit thereof, and all ether things to the said colliery pertain-
ing; as also, all and whole the said church of TuUicultrie, parsonage and vicarage
thereof, and teinds, as well parsonage as vicarage, of every sort, together with the
advowson, donation, and right of patronage of the parish church and parish of
TuUicultrie, with the right of nomination of the minister serving the cure of the
said church in all time coming, with power to our said cousin and his son, and
their aforesaid, of presenting qualified ministers to the said church of 'i'ullicultrie

.! ,:|.

\ I'

■' !

.' !

,!('

14S

APPENDIX.

fillo conimquc nutodictis quiilificatos ministios ad (lictam ccclcsiam do 'rullicultrie
prcscntajidi (luandociUHHie vacahlt det'cssn cliniissiont' d'.'privatioiic aiit allter
qnovismodo iktuom totas ft intcgras ])rcd'K't:'s dcfoiii acias tcrraruin ct {rloham
tcrrarmn ccdesiasticariiiii dc Tulliciiltrii' cum domibiis odiHciis ct pt>rt'men.
enriindom que per ahbatos ct conveiituni do CambuskeniU'th prcfato (piondam
Jacobo Doujiiio Colvell de Culros Jai obi nunc Di Colvell in i'eudifinnani locabantur
jaccn. infra dictum vicccoinitatum nostruni de Clakmannane ac bondat more in
infcof'amcntis desupcr concess. nientionat. cum omnibus et singidis dccimis
garbalibns aliisque dccimis tarn rcctoriis qnam vicariis fructibus redditibus
emobjmcntis ct dovoriis carundcm quibuscunqnc ad easdem spcctan. ab nntiquo
ad abbatcs de Cambuskeimeth pcrtincn. cum oinnibus ct sin{jfulis carbonibus
carlmnariis intcgrarum terrarum aliorumque prescript, cum portinen. omniaque
opera necessaria ct instrumenta carundcm quibuseunquo ad easdem spectan. cum
omni bcncficio vtilitate et commoditate carundcm cum omnibus et sinjiulis
partibus pcndiculis et pcrtincn. tenentibus tenandriis et libcre tencntiujn scrvitiis
totarum ct intcgrarum dictarum terrarum aliorumque respective et particulariter
supra sciipt. cui\i ])ertincn. Ac similiter dcdimus concessimus ct disposuimus
nccnon tcnore prescntium cum avisamcnto ct consensu ])rcdict. ac cu:ii consensu
dicti VVillielmi ComiLis de Stirlinjr et .Toannis Alexander sui filij Ic^ittimi
tanquam magistrorum nostrorum niineralium ct metcllorum pro omni jure titulo
que illi ad mineras mineralia aliaquc snbtus spccificat. habere sen pretcndere
possunt damns concedimus et disponimus ac in feudifirmam locamns memorato
Willidmo Comiti de Stirling' in vitali redditu duran. omnibus sure vitic diebus et
prcfato Willielmo Domino Alexander ejus filio beredibus suis masciilis et assig-
natis preilict. omnes et singulas mineras et mineralia auri argenti cupri stanni
plumbi aliarumque metellarum et mincralium quorumcunque existen. aut que
infra bondas dictarum terrarum et baroniarum de TuUibodie ct Tullicultrie tarn
proprietatis quam superioritatis oarundeni invenire possunt ac infni reliquas
particidares terras aliaque particulariter et generaliter subtus spccificat. ad dictum
Willielmum Comitem de Stirling suumque filium aut eorum aliqnem pertinen.
per ipsos de aliis superioribus quam de nobis in capite tent. viz. totarum et inte-
grariim terrarum et baronia) de Menstrie terrarum de Inschenocii terrarum de
Balqubairne totarum et integrarum terrarum de Gogar et (^orguies eister et
wester et oinnium reliquarum terrarum aliorum(|ue in infeofamentis dicti
Williclmi Comitis de Stirling et sui filij mentionat. cum singulis suis partibus
pendiciUis et pertinen. quas tanquam pro expressis in prcsentibus habcntur ac
totas et integras predictas mineras et mineralia auri argenti aliarumque prescript
cum omnibus carbonibus et carbonariis infra fluxum maris et fluvij jiixta predictas
terras baronias aliaque predict, propriotatem aut tenandriam earundeu) tarn de
nobis quam de aliis superioribus in capite tent, vnacum omni jure titulo interesse
jurisclameo proprictate et possessione tam petitorio quam possessorio que nos
nostrive successores aut predecessores habuimus habemus aut iillo modo pre-
tendere possumus in et ad terras baronias molendina silvas piscationes decimas

APPENDIX.

149

whensoever it shall become void by decease, dismission, «leprivation, or any way
otherwise ; and also, all and whole the foresaid ten acres of land, and glebe of
church lands of Tullicultrie, with houses, buildings, and pertinents thereof, which
were let in feu farm by the abbots and convent of Cand)uskeiuicth to the afore-
said deceased .Tames Lord Colvell of Culros, (grandfather) of .James now Lord
Colvell, lying within our said sheriffdom of Clakmannan, and bounded in maimer
menticmed in the infeftments thereupon granted, with all and sundry teind
sheaves, and other teinds, as well parsonage as vicarage, fruits, rents, emoluments,
and duties thereof whatsoever thereto belonging of old pertaining to the abbots
of Cambuskeimeth, with all and sundry coal and coalheughs of the whole lands
and others before written, with the pertinents, and all works and instruments
thereof whatsoever necessary thereto belonging, with all benefit, advantage, and
commodity thereof, with all and sundry parts, pendicles, and pertinents, tenants,
tenandries, and services of free tenants of all and whole the said lands, and others
respectively and particularly above written, with the pertinents. And likewise,
we have given, granted, and disponed, and by these presents, with advice and
consent foresaid, and with consent of the said William Earl of Stirling, and of
.John Alexander, his lawful son, as Masters of our minerals and metals, for all
right and title which they can have or pretend to the mines, minerals, and others
under specified, do give, grant, and dispone, and in feu farm let to the above
mentioned William Earl of Stirling, in liferent during all the days of his life, and
the aforesaid William Lord Alexander, his son, and their heirs-male and assigns
foresaid, all and sundry mines and minerals of gold, silver, copper, tin, lead, and
other metals and minerals whatsoever, being, or which can be found, within the
bounds of the said lands and baronies of Tullibodie and Tullicultrie, as well pro-
perty as superiority thereof, and within the remanent particular lands and others
particularly and generally under specified, pertaining to the said William Earl of
Stirling and his son, or either of them, holden by them in chief of other superiors
than of us, viz. of all and whole the lands and barony of Menstrie, the lands of
Inschenoch, the lands of Balquhairne, all and whole the lands of Gogar, and
Gorgies Easter and Wester, and all the remanent lands and others mentioned in
the infeftments of the said William Earl of Stirling and his son, with their sundry
parts, pendicles, and pertinents, which are held as expressed in these presents ;
and all and whole the foresaid mines and minerals of gold, silver, and others
before written, with all coal and coalheughs within the flowing of the sea and
river near to the foresaid lands, baronies, and others foresaid, property or tenandry
thereof, holden as well of us as of other superiors in chief, together with all right,
title, interest, claim of right, property, and possession, as well petitory as posses-
sory, which we or our successors or predecessors had, have, or any way can pretend

in and to the lands, baronies, mills, woods, fishings, teinds, patronages, and others

!■;

r '* •

160

APPENDIX.

patronatus aliaque prescript, infra bondas metas et limites supramentionatas aut
ad aliquam earundem partem veil ad census firmns proficua et devorias earundem
de quibuscunque annis seu terminis preteritis ratione wardaj relevij nonintroitus
escheta) forisfacturaj recognitionis reductionis bastardise tanquam ultimi heredis
veil quocunque alio jure titulo seu actis parliamenti quibuscunque aliisque
actis legibus statutis et constitutionibus in contrarium fact, veil faciend aut ob
quamcunque aliam causam seu occasionem preteritam diem datse presentium
preceden. Renunciando et extradonando eadem simpliciter cum omni actione et
instantia nobis et successoribus nostris competen. prout nunc et imperpetuum
cum pacto de non petendo in favorem diet. Willielmi Comitis de Stirling et
Willielmi Domini Alexander sui filij ej usque predict, ac cum supplemento
omnium defectuum et imperfectionum tam non nominat. quam nominat. quas
nos pro nobis et successoribus nostris pro expressis in presentibus haberi volumus
Preterea nos pro causis et respectibus supra specificatis ex nostra certa scientia
prcprioque motu vniuimus ereximus creavimus et incorporavimus necnon tenore
presentium cum avisamento et consensu predict, vnimus erigimus creamus et
incorporamus omnes et singulas terras baronias aliaque particulariter et generaliter
supra mentionat. cum decimis rectoriis et vicariis dictarum terrarum et baroniarum
de Tullibodie et Tiillicultrie cum advocationibus dictarum ecclesiarum de TuUi-
bodie et TuUicultrie et nominatione ministrorum curam inservientium apud
easdem omni tempore afFecturo vnacum mineriis et mineralibus auri argenti
aliorumque mineralium predict, cum carbonibus et carbonariis infra bondas pre-
dictarum terrarum baroniarum aliorumque prescript, aut infra fluvij fluxum
earundem terrarum in vnum integrum et liberum dominium et comitatum pre-
nominato Willielmo Comiti de Stirling in vitali redditu duran. omnibus sue vita
diebus et Willielmo Domino Alexander ejus filio et heredibus suis masculis
predictis Comitatum de Dovan omni tempore afFuturo nuncupat. et nuncupand
cum titulo stilo et dignitate Comitis secundum datam dicti Comitis creationis sibi
desuper concess. que est de data (decimo quarto) die mensis (Junii) anno Domini
millesimo sexcentesimo trigesimo (tertio) Necnon volumus et concedimus et pro
nobis et successoribus nostris cum consensu predict, decernimus etordinamus quod
vnica sasina nunc per dictos Willielmum Comitem de Stirling et Willielmum
Dominum Alexander ejus filium suosque predictos omni tempore aflfuturo super
solo dictarum terrarum de Tullibodie aut aliqua earundem parte capienda stabit
et sufficiens erit sasina illis pro omnibus et singulis terris baroniis manerierum
locis molendinia silvis piscationibus decimis advocationibus donationibus et juribus
patronatuum tenentibus tenandriis libere tenentium servitiis partibus pendiculi$
et singulis suis pertinen. particulariter supramentionat. non obstan. quod eadem
non jacent. contigue sed in diversis locis penes quam nos pro nobis et successo-
ribus nostris dispensavinius tenoreque presentium dispensamus in perpetuum
Tenen. et haben. omnes et singulas terras baronias advocationes donationes et
jura patronatuum ecclesiarum aliaque particulariter et generaliter supra script,
omnes nunc vnitas et aunexatas et incorporatas in vnum integrum et liberum

APPENDIX.

151

before written, within the bounds, meiths, and marches above mentioned, or to
any part thereof, or to the taxations, rents, profits, and duties thereof, of whatso-
ever years or terms bypast, by reason of ward, relief, non-entry, escheat, forfeiture,
recognition, reduction, purpresture, disclamation, bastardy, as ultimus hceres, or
by any other right, title, or acts of Parliament whatsoever, and other acts, laws,
statutes, and ordinances made, or to be made, in the contrary, or for any other
cause or occasion heretofore, preceding the day of the date of these presents ;
Renouncing and overgiving the same simpliciter, with all action and instance to us
and our successors competent, for now and ever, cum pacto de non petendo, in
favour of the said William Earl of Stirling, and William Lord Alexander, his son,
and his foresaids, and with supply of all defects and imperfections, as well not
named as named* which we, for us and our successors, will to be held as expressed
in these presents. Moreover, we, for the causes and respects above specified, of
our certain knowledge and proper motive, have united, erected, created, and
incorporated, and by these presents, with advice and consent foresaid, do unite,
erect, create, and incorporate all and sundry the lands, baronies, and others parti-
cularly and generally above mentioned, with the teinds parsonage and vicarage
of the said lands and baronies of Tullibodie and TuUicultrie, with the advowsons
and donations of the said churches of Tullibodie and TuUicultrie, and nomination
of the ministers serving the cure thereat, in all time coming, together with the
mines and minerals of gold, silver, and other minerals foresaid, with coal and
coalheughs Avithin the bounds of the foresaid lands, baronies, and others before
written, or within the flowing of the river at the said lands, into one entire and
free lordship and earldom to the before named William Earl of Stirling, in liferent
during all the days of his life, and William Lord Alexander, his son, and their
heirs-male aforesaid, called, and to be called, in all time coming, the Earldom of
Dovan, with the title, style, and dignity of Earl, according to the date of the
said Earl's creation thereupon granted to him, which is dated the fourteenth day
of June, Anno Domini one thousand six hundred and thirty-three ; and also, we
will and grant, and, for us and our successors, with consent foresaid, decern and
ordain, that one seisin, now to be taken by the said William Earl of Stirling, and
William Lord Alexander, his son, and their foresaids, upon the ground of the said
lands of Tullibodie, or any part thereof, shall stand, and be to them sufficient
seisin in all time coming, for all and sundry the lands, baronies, manor places,
mills, woods, fishings, teinds, advowsons, donations, and rights of patronage,
tenants, tenandries, services of free tenants, parts, pendicles, and their sundry
pertinents particularly above mentioned, notwithstanding the same do not lie
contiguous but in divers places, whereanent we, for us and our successors, have
dispensed, and, by these presents, for ever dispense, To be holden, and to hold, all
and sundry the lands, baronies, advowsons, donations, and rights of patronage of
churches, and others particularly and generally above written, all now united, and
annexed, and incorporated into one entire and free earldom, called and to be

S;l

APPENDIX.

i\.]

nm '

1 ^i

comitatum Comitatum de Dovan omni tempore affutiiro nuncupat. et nunciipand
memoratis Willielmo Comite de Stirling in vitali redditu duran. omnibus sue
vitae diebus et Willielmo Domino Alexander suo filio heredibus suis masculis et
assignatis predict. De nobis et successoribus nostris in libera baronia dominio et
comitatu imperpetuum per omnes rectas metas suas antiquas novas et divisas prout
jacent. in longitudine et latitudine in domibus edificiis hortis molendinis, &c.
aucupationibus venationibus piscationibus, &;c. cum omnibus et singulis aliis
libertatibus commoditatibus, &c. libere quiete, &c. absque aliqua revocatione, &c.
Reddendo inde annuatim memoratus Willielmus Comes de Stirling durante vita
sua et post ejus decessum dictus Willielmus Dominus Alexander ejus filius
heredes sui masculi et assignati predict, nobis et successoribus nostris pro predictis
terris et baroniis de Tullibodie et TuUicultrie comprehenden terras molendina
piscationes decimas ecclesias carbones carbonaria tenentes tenandrias libere tenen-
dum servitia aliaque earundem predict, cum pertinen. jura servitia taxatas wardas
feudifirmae et albefirmae firmas aliaque in prioribus infeofamentis memorato
Willielmo Comiti de Stirling fact, et concess. contentis ac pro jure et privilegio
nominationis ministrorum dictarum ecclesiarum de TuUicultrie et Tullibodie
vnum denarium nomine albe firmae si petatur tantum necnon reddendo memorati
Willielmus Comes de Stirling ejusque filius suique predict, nobis et successoribus
nostris pro predictis mineriis et mineralibus auri argenti aliorumque predict,
decimam partem earundem in lie oare et qualitate in quibus esedem lucrantur et
operantur nomine feudifirmEe Vobis, &c. Apud maneriem nostram de Oatlandis
trigessimo die mensis Julij anno Domini millesimo sexcentesimo trigesimo
septimo et anno regni nostri decimo tertio.

Per Signetum.

iir''

y^H

II'

i'i'

APPENDIX.

153

called in all time coming the Earldom of Do van, by the above mentioned
William Earl of Stirling, in liferent during all the days of his life, and William
Lord Alexander, his son, and their heirs-male and assigns foresaid, of us and our
successors, in free barony, lordship, and earldom, for ever, by all their right,
meiths, old, new, and divided, as they lie in length and breadth, in houses,
buildings, yards, mills, &c. hawkings, huntings, fishings, &c. with all and sundry
other liberties, commodities, &c. freely, quietly, &c. without any revocation, &c.
Giving therefor yearly, the above mentioned William Earl of Stirling, during his
life, and after his decease, tiie said William Lord Alexander, his son, and their
heirs-male and assigns foresaid, to us and our successors, for the foresaid lands and
baronies of TuUibodie and TuUicultrie, comprehending the lands, mills, fishings,
teinds, churches, coal, coalheughs, tenants, tenandries, services of free tenants, and
others thereof foresaid, with the pertinents, the rights, services, taxed wards, feu
farm and blench farm duties, and other contained in the former infeftments made
and granted to the above mentioned William Earl of Stirling ; and for the right
and privilege of nomination of the ministers of the said churches of TuUicultrie
and TuUibodie, one penny in name of blench farm, if asked only ; and also giving,
the above mentioned William Earl of Stirling, and his son, and their foresaids, to
us and our successors, for the foresaid mines and minerals of gold, silver, and
others foresaid, in name of feu farm, the tenth part of the same, in the ore and
condition in which they are winned and wrought. We therefore require and
command you, &c. At our Manor of Oatlands, the 30th day of July, Anno
Domini 1637, and of our reign the thirteenth year.

By the Signet.

General Retour of the Service of Alexander, Earl of Stirling, as heir of tailzie
and provision of William, Earl of Stirling, 30th May, 1831.

(Records, Register House, Edinburgh.)

154

APPENDIX.

No. VIII.

Considerations on the Law Proceedings in the Court of Session, between the

Crow n and the Earl of Stirling.

These proceedings refer to certain measures which were taken on the behalf
of Lord Stirling, in 1831, for the purpose of asserting and making effectual his
right to the lands in iVmerica, originally granted by King Charles I. to William,
the first Earl of Stirling, from whom the present Earl is lineally descended.
The feudal right to these possessions in America was vested in the first Earl
at his death, and had never been taken out of his hcereditas or succession ; and
Lord Stirling, in the course of his legal consultations, was advised to have his
rights thereto completed without delay. With that view, a brieve of inquest was
obtained for serving his lordship heir of the first Earl of Stirling ; and his rela-
tionship and claim to be heir whatsoever of that Earl having, agreeably to the
established practice, been fully proved, Lord Stirling, on 2d July, 1831, was
found heir, accordingly, by the verdict of a most respectable jury. In adopting
these proceedings, his lordship had recourse to what, according to the law of
Scotland, is the established and regular mode by which an heir proves his pro-
pinquity to his ancestor. Havin<; obtained the verdict of the jury, he thereafter
piocured a precept of seisin from his JMajesty, directed to the Sheriff of the
Sheriffdom of Edinburgh, who, ex officio, as specially representing his Majesty,
and as having the care of the Crown's casualties, gave him, on 8th July aforesaid,
hereditary seisin of Nova Scotia and its dependencies ; his lordship having, at the
same time, had the like seisin given him of the lordship of Canada. Further, on
the 14th of the same month of July, Lord Stirling, in the exercise of the powers
conveyed expressly by the terms of the rights which he had thus completed,
granted a procuratory (proxy) for resigning or surrendering in the hands of his
Majesty, feudal superior or overlord of Nova Scotia, a portion of the lands, in
favour of, and for a new charter from his Majesty to, an individual, with the
erection of the same into a barony, (manor,) and a grant of the title of a Nova
Scotia Baronet.

Lord Stirling's resignatory, this individual, thereupon presented to the Lords
Commissioners of the Treasury, 22d August, 1831, the usual petition for a warrant
to authorize the Barons of the Exchequer in Scotland to revise his signature of
resignation; but many months were consumed in ineffectual applications for the
warrant prayed for. Being withstood in this manner, he had a patent made out
in his favour from Lord Stirling, on 1st Feb. 1832, of the style and title of a
Baronet of Nova Scotia, for granting which good precedents were afforded by

APPENDIX.

155

the example of the first Earl : And also, this individual, some time afterwards,
viz. on 15th Nov. 1832, instituted a suit, called an action of declarator, before the
Court of Session ; the officers of State, on the behalf of the Crown, bein^ cited as
parties ; and which suit had a conclusion to this cflfect, that his JMajesty ought to
be found to be under a just and laAvful obligation to receive the surrender of
Lord Stirling, or his proxy in his name, and to grant a new charter of the afore-
said portion of lands to the party in whose favour the surrender of them was
offered to be made.

This suit was opposed by the officers of State. Against it declamatory defences
were stated by them ; but more especially, they had the hardihood to allege, that a
part of the documentary evidence, laid before the jury on the inquest of Lord
Stirling's relationship to his ancestor, was forged or fabricated ; and they stated
that they had commenced and served an action against Lord Stirling and his
resignatory foresaid, for the purpose of challenging Loid Stirling's services as
heir of the first Earl of Stirling, and all that had followed upon them. Upon
this statement, the judge in the cause, conceiving the question of the validity of
Lord Stirling's services as heir to be an object prior in order to the demand of a
party deriving right from him, as found heir by such services, on 2d March, 1833,
sisted further procedure, till the action, so stated to have been commenced and
served by the officers of State against Lord Stirling, was disposed of

The action of the officers of State was brought into Court, 16th INIay, 1833,
and is still in dependence. The officers of State, on 29th May, 1834, were
appointed to put into process, in two weeks, a written paper on what they
alleged and undertook to support by proof; but they evinced afterwards a
disposition to delay complying with the appointment made upon them, so
strongly, that Lord Stirling's law agent, though, of course, on the side of the
defence, had, strange to say, no alternative but to enrol the cause for an order on
them to lodge their paper, which was at length given in after seven weeks. Thus
it was that Lord Stirling now perceived, that the proceedings of the officers of
State altogether, and in their pleading to the previous action of declarator, and
the prosecution of the action raised by themselves for challenging his lordship's
services, were all designed with a view to delay, like that formerly experienced
by the individual above mentioned at the Board of Treasury, in fairly meeting
Lord Stirling's claims on their real merits.

The defined object of the action was to set aside two services obtained by Lord
Stirling, the one as heir in general, and the other as heir in special, of his ancestor,
Sir William Alexander, the first Earl of Stirling, in the lands of Nova Scotia,
and also to reduce, or overturn, certai i deeds following on the aforesaid services.

The officers of State took up a twofold ^-round for instituting and maintaining
the action. They pleaded.

In the first place, * That his Majesty has an undoubted right and title to the
' superiority or sovereignty of the lands, and was entitled to see that Lord
• Stirling's title of vassal was good.' Lord Stirling had proved himself heir in

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156

APPENDIX.

\ '/

the manner appointed by law ; the stated official persons concerned saw to the
procedure at his services being every way regular and formal : and the services
afforded competent evidence, that ought to satisfy any superior as to his proper
vassal. Further, it is a principle of the law of Scotland, that the Crown refuses
no vassal ; yet the officers of State, although pretending to rest their action on his
Majesty being entitled to see that the vassal's title was good, nevertheless not
admitting the existence of a vassal, thought fit to plead,

In the next place, ' That the Crown had an interest in setting aside Lord
' Stirling's services, so far as they might be used for founding a title of vassal in
' the aforesaid lands,' — expressions which would bear to be extended in the
monstrous degree of being made applicable to the case of any and every individual
who may be demanding, as vassal of the Crown, an entry for his rightful property
at its hands. To confine, however, the consideration of this plea to the case of
Lord Stirling alone, it requires to be understood that his lordship has uniformly
disputed the Crown's having a lawful right or interest, entitling it to challenge,
to any effect, his services as heir. He does not go beyond his legal rights as
vassal, to seek to invade or encroach upon any right justly belonging to the
Crown. The proceedings, therefore, on the part of the Crown, which was not
entitled to be served as an heir, are equally irregular and unwarrantable ; such
being the situation of Lord Stirling, who is an heir in blood, that the Crown,
which is not another heir in blood, wants, in consequence, the legal title, to
compete with him ; and the officers of State themselves were obliged to admit
judicially, and the admission is upon record, that ' the action was raised by them

• without any competing service ;' that is, any service of his Majesty as com-
peting heir.

Every person must see that his Majesty's title of superior of particular lands
and Lord Stirling's title of vassal of the Crown, holding immediately of his
Majesty a certain beneficial interest and right of property in those lands, do not
intermix or oppose each other. If the Crown pretended to have any right to
more than the sovereignty of the lands, it never has shewn, or could shew, a
title to it. But, plainly, it has no right to more : the soil or property of the lands
having been wholly given out to Sir William Alexander by King Charles I.
who, by his grant, already mentioned, * for ever renounced in favour of kim, his
' heirs and assigns, all right, title, and interest which his JMajesty or his prede-

* cessors or successors had, or any wise could have, claim or pretend to the property,
' and exonerated it of the same, and of all action in respect thereto ;' and there
having been no loss of the property since, by any forfeiture of the right, or feudal
delinquency, or surrender by the vassal, so as to have made the right revert to
the superior.

In reference to the system of delay, perceptible in the mode in which the
officers of State have conducted the action, the following statement may suffi-
ciently illustrate, either a litigious character adhering to the proceedings, or their
own culpable unpreparedness, although having the advantage of being the

APPENDIX.

157

assailants, for following up their first attacks, being of tlie particular dates of
their original motion for having a proof allowed them after the record was
mutually closed, and of the prorogations of the time for reporting the proof,
repeatedly obtained on their other motions for that purpose :

1835.
June 24.
July 8.
1836.
Jan. 27.
Feb. 10.
May 18.
June 1.

Motion to allow a proof

Proof allowed. Report in November.

Prorogation of Report for 14 days.
Ditto till May.
Ditto for 14 days.
Ditto, ditto.
A witness examined.
4. Two witnesses examined.
15. Farther prorogation of Report.
July 6. Ditto till November.
Thereby shewing a total delay, of late only, of sixteen or seventeen months,
which is entirely unaccounted for ; because, notwithstanding tlie examination of
three witnesses in June last, their depositions have as yet never been reported
into Court.

(Signed) Eph. Lockhart.

Edinburgh, September^ 183G.

ir
e

158

APPENDIX.

No. IX.

Memoir oh the attempt to incarcerate I^rd Stirling by means of forgery, and the

details appertaininy thereto.

[■■!,'{

The following narrative and correspondence are scarcely credible, and yet
true, and some of the letters have been lithographed to enable every person who
reads this memoir to judge for himself.

On the 22d day of August, 18.32, a man, apparently a gentleman, drove up in
a cab to Lord Stirling's house in Portland Place, London, requesting to see Lady
Stirling, his lordship being from home. It was in the dusk, so that he could not
be readily seen or recognized again. He said he came from the Colonial Office,
and left a letter adressed to Lord Stirling, Avith a seal apparently that of Lord
Goderich, viz. a G. with a viscount's coronet over it.

The letter is as follows : —

Colonial Office, August 22, 1832.

My Lord, — I am desired by Lord Goderich to request that your lordship will
oblige him Avith an interview at this office to-morrow (Thursday) at twelve o'clock.

I have the honor to be, my Lord, your lordship's most obedient Servant,

(Signed) B. T. Balfour.

The Earl of Stirling.

Lord Stirling's solicitor, Mr Burn, was on the same evening apprised of the
circumstance, and agreed to meet his lordship at the Colonial Office the next day
at the appointed hour.

Before that time, however, Mr Burn was there, and learnt with no small
surprise that Lord Goderich would not be at the office on that day, and that
Mr Balfour, the pretended writer, was in Ireland. Suspicion being thus excited,
he, Mr Burn, lost no time in preventing the approach of his lordship, and returned
to the office with the letter, not having had it before, and learnt, that it was not
written by Mr Balfour, which in truth was impossible, and was referred to a
person not then in the office, but at his private house, for farther satisfaction.

On applying to this person, he immediately pronounced the letter to be a
forgery, and requested to have it for the purpose of inquiry into the cheat as
affecting the office. The letter was not then left, the leave of Lord Stirling for
doing so not having been obtained, but was sent by post in the course of the
day, with such information as to the probable author and concocter of the plan

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APPENDIX.

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as circumstances appeared to justify. Tiiese eircunistanccs were, that a man of
rank had obtained a judgment against Lord Stirlmg, in an action in wliicli the
plea of privilege had not been pleaded in a suHieient maimer to insure it. This
left his lordship liable to an execution in that action, and thus to have his person
incarcerated. The forged letter seeme<l to be the plan to get hohl of his lordship's
person, and was <lefeated in the maimer before narrated. The name and circum-
stances were then detailed in the letter enclosing the forgery.

John Uderton Burriy Esq. to Charles Douglas, Esq. Private Secretary to

J^iscount Goderich.
Raymond Huildin(;s, Gray's Inn, August 23, 1832.
Sin, — I send you the enclosed letter to make such use of towards detecting the
forgery, as you may think fit. It was left last evening in Portland Place, by a
gentleman in a gig, with Lady Stirling. Sir Henry Digby has lately brought
an action against Lord Stirling, and received, t)r rather got, judgment for a sum
of money, which he is anxious to enforce. I mention this circumstance, coupled
with the agency of a man named John Tyrell, who acted for Sir Henry, as,
perhaps, leading to a guess hi the business. It is no doubt a scandalous
proceeding. If I can, in any way, render farther assistance in the incpiiry, I
shall be happy to do so, and remain, &c.

(Signed) .J. I. Uurn.

P.S. Messrs Potts and Son of Serjeant's Inn, were the attornies of Sir II. Digby.

Now, at this point of the case, would not any man, and every man have
concluded and expected, as a matter of course, an indispensable obligation indeed,
that the investigation would have been carried on with something like a chance
of detecting the cheat — with a degree of earnestness that would have left no
ordinary — no, nor extraordinary means untried to achieve the object ? Would
not this be the natural expectation of Lord Stirling in confiding the letter to the
party for his investigation ? INIost assuredly so ! And now, reader, mark well
tlie result of this doughty commission. Why, truly, on the 24th, the very day
after, inquiry ends where it begins.

Mr Douglas to Mr Burn.

Colonial Office, August 24, 1832.
Sir, — I am desired by Lord Goderich to return the encXoseA forgery, Mr
Balfour is now, and has been, in Ireland some time. Lord Goderich has no seal
resembling the one used ; and I may farther add, that Lord Goderich, either
privately or as Secretary of State, has not ever acknowledged the individual
styling himself as Earl of Stirling, by that title. — I have the honour to be, Sir,
your most obedient humble servant,

(Signed) Charles Douglas.

To J. Burn, Esq.

.1 1

■ f ^jMll W l l ■ — ■■

160

APPENDIX.

. '

Is this the way, we ask, that any of the readers of this narrative would proceed
to detect a forgery ? Is this the earnest endeavour to discover the perpetrator ?
Is this, in short, genuine ? Mr Douglas was applied to, to return the envelope, so
necessary in sucli an inquiry, and which had been retained.

Mr Burn to Mr Douglas.

Raymond Buildings, Atigust 25, 1832.
Silt, — You have not returned ine the envelope to the forged letter sent you
the other day. I suspected the fraud, and the seal may enable me to make
progress in detecting it. Indeed, I am led to expect a discovery in a quarter not
anticipated. Your office, I presume, will afford facilities to the inquiry. Indeed,
I thought you would have taken it up without me, as it affects the public as
well as the individual. I was quite aware of my Lord Goderich's refusal to
recognize the title to peerage in my client. That part of Balfour's letter then
excited suspicion. This was a clumsy part of the machinery. Pray have the
goodness to return the envelope. — I have the honour, &c.

(Signed) J. I. Burn.

3Ir Burn to Earl Grey.

RAYi\foxD Buildings, August 25, 1832.
My Lord, — A forgery has been recently committed in the name of Mr
Balfour, of the Colonial Office, to which it should seem that your lordship's seal,
or one like it, is affixed. The purpose of this letter is to ask your lordship to have
the condescension to order a single line in reply, with the small seal affixed. This
will probably aid in detecting the cheat. — I have the honour, &c.

(Signed)
Mr Burn to Mr Douglas.

J. I. Burn.

Sir — Not havhig heard from you with the envelope to the forged letter to
Lord Stirling, I again trouble you on the subject. It is quite clear that such a
material document for discovery of the cheat is indispensable. The impression
taken from tlic original is not sucli good evidence, but how Lord Granville's seal
could be procured, as is suspected, for the purpose, is a mystery. Perhaps you
could throw some light on this point, by pointing out the probable channels for
coming at such a thing improperly. Thinking it might be Earl Grey's, I wrote
to that nobleman on Saturday, requesting a single line in reply, with his lordship's
srrmll seal affixed. Thus, you see, I have not been idle. The inspector to the
post office, and other parties, have been applied to respecting hands. All who
have hitherto seen them agree in opinion, and a warrant at Bow Street will,
doubtless, elicit still move. Your cordial assistance, herein, Avill be very
acceptable, as the culprit must and shall be fuUj exposed. I could shew you

APPENDIX.

161

documents that leave no doubt of the writer. Pcrlrn's Lord Godcrich himself
might be disposed to lend his aid. When a little more advanced, I sliall venture
probably to ask it, and have the honour to be, &c.
Raymond Buildings, Gray's Inn, (Signed) J. I. Buiin.

August 38, 1832.

Things wanting. — 1. How the seal, whether of Lord Ciranville, or Earl (ircy,
could be had ? Would Lord Howiek take the trouble to inquire ? 2. Who
delivered the letter to Lady Stirling? The party suspected Avill perhaps be
discovered to-day, and be forced to speak out. 3. Who wrote the forgery, and
by whose dictation ? The writer is known, and before a magistrate he may be
forced to give up his principal. 4. How many parties to the conspiracy to
wound the peace of a family, and injure an innocent man ?

Mr Douglas's reply to the application to return the envelope, was such as may
now be anticipated.

3Ir Douglas to Mr Burn.

Colonial Office, August 28, 1832.
Sm, — In reply to your note, I beg leave to say that, as I did not think the
envelope which you request me to return was of consequence, I fear it has been
lost or burnt. I hope it will not signify. As the forged letter could not have
come from any one in this office. Lord Goderich had no means of detecting the
author, and, consequently, I returned the letter to you. — I have the honour, &c.

(Signed) Charles Douglas.

The same person wrote another letter of the 29th of August.

Mr Douglas to Mr Burn.

Colonial Office, August 29, 1832.
Sir, — I am desired, by Lord Goderich, to acknowledge the receipt of your
letter of the 28th instant, which reached me in Bruton Street, by the twopenny
post, yesterday evening. As I had no reason to suppose that the envelope of
the letter to which you refer was of any consequence, and as I was quite
unaware of the existence of any such conspiracy as you allude to, the envelope
was thrown aside, together with other papers of the same description, and I am
not sure that it can now be found. I can, however, distinctly assert that the seal
attached to it (a viscount's coronet with a G. under it) was not Lord Goderich's,
who had not, and never had, either individually or officially, any sucli seal.
Lord Goderich directs me to add, that he will be very ready to promote any
inquiry us to the author of this forgery, but he has no ground whatever for

I'l

162

APPENDIX.

fixing suspicion upon any particular person. The seal could not be Lord Grey's,
as it was not an Earl's coronet, — 1 have the honour to be, &c.

(Signed) Charles Douglas.

P.S. If the envelope can be found, it will be sent to you. I shall be here
to-morrow, if you wish to see me, at one o'clock. — C, D.

It may be proper to state here, that JNIr Burn had written to Earl Grey asking
for a reply with the small seal affixed, but none was ever given. Although the
party alluded to " had no reason to suppose that the envelope was of any
consequence," and it " was thrown aside," it is not a little curious and worthy of
the reader's attention, to remark hoAV very minutely the seal of it had been noticed.

■' •)

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3Ir Burn to Mr Douglas.

Sm, — The writer of the forged letter is as well known to me now as you are.
I have competent parties ready to pi'ove it. If you will give roe all the informa-
tion in your power as to the author and concocter, it may save an exposure that
cannot be very agreeable.

It is impossible, I think, that you can mistake my meaning ; and really, sir,
it would be much more acceptable to my feelings to repress than to proclaim the
degradation that awaits the writer, if this hint be not taken, and properly acted
on without delay. It is a serious joke, you see, and now demands serious
attention. — I remain sir, ^'C.

(Signed) J. I. Burn.

Raymond Build [ngs, Gray's Inn,
August 29, 1832.

P.S. A full disclosure, within twenty-four hours, may prevent one of a
ditt>rent character within two days. I am far more indifferent about the reply,
than you can be under the circumstances. — J. I. Burn.

Mr Burn to Viscount Goderich.

Raymond Buildings, August 29, 3 832.
My Lord, — It is fit that your lordship should be informed that a forgery has
been committed in the name of JNIr Balfour, and that your lordship's seal (a
small seal) was affixed to the letter. The letter is dated the 22d instant, from
the Colonial Office, and addressed to Lord Stirling, inviting his lordship to attend
the next day at twelve, to meet your lordship. It was delivered to Lady
Stirling, by a man in a gig, in Portland Place. I attended, without the letter,
before twelve the next day, and was surprised to learn that Mr Balfour, the
pretended writer, was in Ireland, and that, consequently, there was reason to
suspect that all was not right. I frustrated the view of the writer, and having
obtained the letter, returned with it to the Colonial Office. The person in

If I

APPENDIX.

160

attendance seemed to think the seal was right, — tliat is, your lordship's — and
referred me to Mr Douglas in Bruton Street for further information. On
proceeding to thct person's house, he assured me the letter was a forgery, and
wished to have it for the purpose of detecting the cheat. I could not then leave
it, but promised to send it, at his request, by post, which I did, giving such
information as seemed to me undoubted in circumstances likely to end in a
discovery, Mr Douglas replied on the 24th, returning me the letter, without
the seal and envelope, merely reiterating that it was a forgery, and that your
lordship had no seal resembling the one used. JJot caring to be baffled in a
search for the writer, and having suspicion excited in a quarter never before
dreamt of, I wrote to Earl Grey, asking merely a line in reply, with his lordships
small seal affixed, stating my reason for the request. The seal not having been
returned, although again applied for, this part of the business is not yet completed.
If your lordship should think fit to aid in this discovery, and seal the reply hereto
with a small seal, I should feel obliged. I am quite certain of the writer of the
letter ; not so of the author, unless the writer were author too. I am equally
sure that an exposure of the Avhole will be corroding to the parties. It would ill
become me, not at once and explicitly, to acquit your lordship of all knowledge
of, or participation in, this affair ; and equally so, not to explore the extent of the
guilt, if more than one, as I expect, has been concerned. How far your loi'dship
may think fit to assist in the matter rests with yourself, and 1 have the honour
to be, my lord, &c. &c. &c.

(Signed) J. I. Burn.

Raymond Buildings, Gray's Inn,
August 29, 1832.

Mr Douglas to Mr Burn.

Colonial Office, August 30, 1832.
Sir, — I have just received your letter dated 29th instant. In consequence of
its contents, I must beg leave to withdraw the offer I made in my letter
yesterday of seeing you, as it is now quite impossible for me to hold any
communication whatever with you, except by the expressed desire of I.,ord
Goderich. — I have the iionour to be, sir, &c. &:c.

(Signed) Charles Douglas.

To J. I. Burn, Esq.

Mr Burn to Mr Douglas.

Raymond Buildings, August 30, 1832.

Sir, — Rest assured, that I had not the slightest intention of accepting your

offer, as you call it, to see you at the Colonial Office to-day. I am I^ord

Stirling's advocate, to get justice for him, if it is to be had, and nothing that I

can do to attain so fair an object shall be left undone. JMy motives, my conduct,

164

APPENDIX.

II' I

my most earnest exertions, all tend to honourable ends. I may be defeated, but
not easily. It would ill suit me, then, to let any inroad be made in the sanctuary
of that justice to which I believe I^ord Stirling entitled, or to suffer insult to be
added to injury in the late attempt, and not express my sense of it. I court no
favour at your hands whatever, and am not without feeling for the situation in
which you have chosen to place yourself. If the thing be not the mere motion
of your oAvn mind, as I suspect it is not, the principal will find it difficult to elude me.
My expose is gone to the press on the receipt of your note -, therefore, you will
understand that this letter is merely to correct any misapprehension as to my
having the slightest wish for an interview. The opportunity for your own sake
is lost, and is to what is to follow, " nous verrons." — I am, Sir, cVc. kc.

(Signed) J. 1. Burn.

Charles Douglas, Esq.

liord Goderich's reply to ^Ir Burn's letter, cited above, was as follows: —

Viscount Goderich to Mr Burn.

}. liM

/ *',

Carlton Gardens, August 31, 1832.

Sir, — I have to acknowledge the receipt of your letter of the 29th instant,
upon the subject of a certain letter adressed to an individual styling himself Earl
of Stirling, and purporting to be written by my private secretary, Mr Balfour.

This letter was of course shewn to me on the day on whicli ]\Ir Douglas
received it from you. Its hand-writing and signature bore no resemblance
whatever to that of Mr Balfour : and, as ]Mr Douglas informed you by my
direction on the 29th instant, the seal with which the letter liad been sealed
(a Viscount's coronet Avith the letter G. under it) was not mine, as I have not
now, and never had at any time, any such seal. Mr Balfour could not be the
writer of the letter, as it is dated Colonial Office, August 22, and he has been
absent from London for some weeks. The seal could not be Lord Grey's, as he
is an Earl, and the seal had a Viscount's coronet. As to the writer and author of
this piece of impudence, I have not even a guesa ; and as you wish my aid in
prosecuting your inquiries, I observe with surprise, that althougli in your letters
to ]Mr Douglas, as well as in that to me, you speak with great confidence of your
knoivledge of the writer, and of your suspicion of the author, you have not
thought proper to impart to me any circumstance by which I can even conjecture
to whom you refer. How ready, therefore, I may be to assist in discovering by
whom the pretended letter from Mr Balfour was written, it is clear that you
alone can furnish me with the means of doing so.

I am sorry that the envelope has been mislaid ; but I cannot see in what
way the loss of it can ajBfect the means of tracing the writer of the letter. —
I am, Sir, &c. &:c.

(Signed) Goderich,

! i ■ !

APPENDIX.

165

Mr Burn to Viscount Goderich.

Raymond Buildings, September 1, 1832.
My Lord, — I have a host of witnesses, who can prove, when brought
forward, that the forijed letter referred to in this correspondence is in the hand-
writing of Mr Douglas. Had he shewn your lordship all my letters, there could
have been no doubt that he was meant as being the writer. Mr Douglas
himself furnished the proof that led to the detection. The instant 1 got his
letter, enclosing the forged one, the exact similarity of the hands struck me very
forcibly. Before this, not the least suspicion existed in my mind, as to him.
Not choosing, in an affair of this nature, to trust my own eyes, I applied to the
inspector at the Post Office, from him to the inspector at the Bank of P^ngland,
whose province it is more particularly to detect forgeries. This was also done
at some public offices. There was neither hesitation nor difference of opinion
among any of them on this point ; and so far, then, my case was made out. I
did not suspect Mr Douglas to be the author, nor do I now suspect this ; and by
and by, without the envelope, a little more light may be thrown on this part of
the subject. That your lordship, in looking at the forgery, to see that it was not
in Balfour's hand, did not recognize whose it was, I can only account for, (the
resemblance being so striking,) in the unsuspicious nature of an honourable
mind, that could not imagine delinquency in one who should have been so far
above it. Your lordship says you could not even guess at the party ; con-
sequently, I have nothing more to say on this head. Now, as to the envelope
and seal not being supposed to be of consequence in such a case, this must arise
from a very slight degree of attention to the matter. In an investigation of this
kind, every thing pertaining to the letter is of consequence. That Mr Douglas
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 out whose it was.
Well, then, that fact attained, how could it be obtained, and by whom ? But I
should pay an ill connpliment to your lordship's understanding to go further, as it
must occur to the mind of every one, that a material link in the chain of inquiry
is wanting. Withholding the setil, however, is evidence another way, were it
needed, to fix the writer, for his most earnest desire should have been to remove
t) e 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 J rc-secuting the inquiry, I did naturally expect that something more would
have been done than merely to return the forgery, with the intimation that it
was a forgery, told to me before, and that your lordhhip did not know the writer.
This, again, fixed, were it wanting, tlie writing i)f it on Mr Douglas. He might
well desire to quash further invcst'giition, knowing where it might end ; and the

I.'

^^l!

APPENDIX.

'<f

affected carelessness of throwinjr uside the cov r of a letter — not addressed to him-
self, recollect, but another, and sent to Idmftr a very particular purpose — is quite
of a piece with the rest of his conduct. I suspect other parties are yet to be
discovered in this business ; but, under present circumstances, 1 cannot feel that I
am called on to state more. Means are taking, and will be taken, to detect and
bring them to light ; for, in an attempt so base, as to sport wantonly with the misfor-
tunes or the miseries of a fallen family, every nerve should be strung for the
exertion ; and every honourable minded man in this empire will herein be my
friend. — I have the honour to be, my lord, &c. &c.

(Signed) J. I. Burn.

Viscount Goderich to Mr Burn.

HiGHGATE, September, 3, 1832.
SiK, — I have to acknowledge your letter of the 1st inst. ; in reply to which I
have only to state, that Mr Douglas is my private secretary, and a gentleman of
the strict'^st honour and integrity ; quite incapable of being guilty of any thing
so shamc/ul as that which you liave imputed to him. As to the hand-writing
being his, his word to the contrary is quite sufficient to satisfy me ; and I state,
further, that there is not the slightest resemblance between his hand-writing and
that of the letter signed B. T. Balfour, which you brought to the Colonial Office,
and which 1 saw. I have already told you that the seal could not be mine, and
that it could not be Lord Grey's. Lord Granville is not in England; but I
presume you have some reason for supposing that it might be his. I will, how-
ever, endeavour to ascertain whether his lordship is know •> to have such a seal.
If this transaction has given pain to the parties in whose behalf you are acting, I
regret it, as a matter of course ; but nothing that you have communicated to me
suggests what possible motives any person could have had in forging that letter ;
still less, what could have induced any 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 invita-
tion. Of course, IMr Douglas communicated to me every letter or note which
he received from you ; and I have equally, as a matter of course, put into his
hands that to myself, which I now acknowledge. — I am, Sir, &c. &c.

(Signed) Godeuich.

P.S. As you have now thought proper to charge a particular individual, you
will doubtless proceed to bring it to proof. In this I shall be most happy to
join ; but as I totally disbelieve the charge, and positively deny the ground upon
which it rests, (viz. the alleged resemblance of the hand-writing,) it is more clear
than ever that it is from you that I must expect to receive the means of
going on. "^-

APPENDIX.

1«7

Mr Burn to Viscount Godcrich,

Raymond Buildings, September 4, 1832.

My Loud, — It is with no small degree of pain that I both read and reply to
your lordship's letter of yesterday, just come to hand. It is difficult, with the
respect due to your lordship's rank and character, to state freely, as my duty
requires, when I presume to differ from any opinion expressed by your lordship
in this affair. Your lordship's simple assurance, on all points within your own
perfect knowledge, suffices for me. In the assertion, however, that there is not the
slightest resemblance between the hand-writing of JMr Douglas and that of the
forged letter, I must, to admit it, surrender, not my own conviction merely, but
that of many competent parties, who are prepared on oatii to substantiate the
identity. This is painful • it is embarrassing. In every thing alleged in regard
to INIr Douglas, I should have willingly acquiesced also up to the day of my
receiving his letter. 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 INIr Douglas in such a base attempt, I cannot tell ; but I
may yet discover one, — no good one, certainly ; but here is the main business of
further inquiry. I believe the conspiracy is planned by others. JNIy first letter,
enclosing the forgery, to Mr Douglas, gives the means of making inquiries : and
I did suppose, that all 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, but called upon
somewhat prematurely to come to the proof as against JMr Douglas. Surely it is
not necessary to say, in the progress of an important inquiry, where guilt
unquestionably rests on some one or more parties, that a premature disclosure
may disconcert the whole. It is for him who pursues guilt to choose the time
for fixing it with the most effect. I think, in any other case, this would appear
manifest to your lordship.

I have no objection to attend your lordship on the business, painful as it is, if
you thought fit, and to bring all the letters with me ; for nothing on earth should
deter me fro i following what I believe to be my duty in this matter. — I have
the honour to be, ray lord, &;c. &c.

(Signed) J. I. Burn.

. I

■

166 APPENDIX.

His lordship answered in the following terms : —

Viscount Goderich to Mr Burn,

HiGHGATE, September 5, 1832.

Sir, — I have received your letter of yesterday. I retain my opinion : you
retain yours. Of course, therefore, I have only to say, tliat, if you will indicate
to me through what channel, 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.
But whilst I am in utter ignorance as to the names, the motives, and the charac-
ters of those other persons whom you state yourself to believe to have planned
the conspiracy against your client, I have no clue whatever to guide any inquiry.
-^ I am, sir, &c. &c.

(Signed) Goderich.

J. I. Burn, Esq.

This offer, so full and so fair, was replied to thus : —

Mr Bum to Viscount GodericJu

Raymond Buildings, September 6, 1832.
My Lord, — My first letter to Mr Douglas intimated the quarter whence an
attempt to incarcerate Lord Stirling might emanate. In what way the machinery
was to be connected with Mr Douglas, was a fair subject of inquiry, in two
respects, — to acquit him of all blame, if innocent ; 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 unremitting exertion. All I should venture to ask of your
lordship, therefore, would be, — the return of the envelope, if it be not actually
destroyed, Mr Douglas saying he was not quite sure of it, — a seal of Lord
Granville, if a small seal, with a G. under the coronet, and not otherwise, 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 size of
your lordship's letters, say, of all the different makers used — one of each, and
a stick of sealing wax. With these materials, slender as they may seem, I
may work out my way to a clearer course of proceeding. It cannot but be
painful to your lordship's feelings to continue a correspondence of this descrip-
tion. It is exceedingly so to me, not from doubt, but certainty of conviction, of
having made good a material point of my ground,— a pivot now on which all
my future proceedings will turn. — I have the honour to be, &c. &c.

(Signed) J. I. Burn.

APPENDIX.

lOi)

Mr Maule, the Treasury solicitor, now took up tlie matter by Lord Goderich's
instruction, having had all the preceding correspondence confided to him, and an
interview was offered.

Mr Maule, {Solicitor of the Treasury i) to Mr Burn.

Lincoln's Inn, September 6, 1832.
Sir, — By the directions of I^ord Goderich, the correspondence which has
lately passed, relative to the forged letter, purporting to be addressed from the
Colonial Office, has been placed in my hands. As his lordship has, I believe, left
town, I beg leave to acquaint you, that I shall be ready to receive any farther
communication upon the subject which you may think proper to make, or to see
you at this office if you should wish it. — I am, Sir, &c. &c.

(Signed) Geouge Maule.

J. L Burn, Esq.
4, Raymond Buildings, Gray's Inn.

Mr Burn to Mr Maule.

Raymond Buildings, September 6, 1832.
Sir, — I shall be happy to wait upon you, on the subject of the recent corres-
pondence with Mr Douglas and Lord Goderich. I have to be in Covcnt Garden
before coming to chambers in the morning, and shall take the chance of meeting
you at Lincoln's Inn, on my way here. — I am, Sir, &c. &c.

(Signed) J. L Burn.

The interview ended in nothing. Mr Maule thinking there was not
even a prima facie case made out, and having asked with a certain air
of confidence, what motives could be assigned for the commission of the
tbrgery, as if it were imperative to shew that, before admitting the charge at all.
Thus the preferred assistance in the investigation was, in effect, to throw the
whole burden of the proof on the party injured and complaining, without 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 even endeavour to trace the motives of the base
attempt.

Mr Burn to Mr Maule.

Raymond Buildings, September 8, 1832.
Sir, — In the affair of the forgery I am called on to assign motives for it against
an honourable man. It is impossible. In this instance, the guilty individual
must have first fallen from honour and propriety of conduct, ere he could

170

APPENDIX.

; . ■ •'

condescend to do tlic act. But I can conjecture motives coupled with circum-
stances that may, in a moment of over zeal on the one hand, and easy inducement
on till' other, have led to it. My unfortunate client, entitled by charters, with which
you must be fauiiliar, I ])resume, to an innnense Scottish territory, has, through
me taken every means hitherto in his ])ower, to secure and manifest his rights.
1 bc<^an by writing to Lord (Jodcrich iibout nine months ago, offering a basis for
conjing to an arrangement. Lord Ilowiek distinctly replied, in a not very
courteous letter, that the claims would be wholly resisted and denied. After
some corrections of apparent misapprehension, and a great anxiety on my part to
prevent what has since occurred, 1 was, to use the common ])hrase, driven out
of court. The claims being of a public nature, affecting gejieral and political
interests, as well as private, the public has been addressed repeatedly in co-opera-
tion with other means for obtaining redress. A petition to Parliament, ordered
to be printed, on which, in due time, it is competent to move, had the effect of
stopping the secon.l reading of a bill, Avhose 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 OfHce. With whatever contempt the claims and the claimant may
have been received, yet his measures may have had influence enough to be aimoying.
Arrived at this point, delayed, as we may suppose, in favourite measures, the heads
of the Colonial Office may have occasionally expressed displeasure at any interrup-
tions, however contemptible in their apprehension. It is an easy transition then,
to supjjose that an over zealous dependant, with the talent for a little mischief,
and waiting a favourable opportunity to end Lord Stirling, his case, his cares,
and his claims, might, when such an o|)portunity served, do an act, not likely to
be discovered, that would apparently be acceptable to his principals. If in this
also he secured 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 aristocratic, and, therefore, more reluctant to impute
dishonour, where honour only ought to govern the conduct of men honourably
born and bred. How painful then, to have my eyes opened to this revolting
subject. I must pursue the inquiries, link by link, through all its tortuous
ramifications, for this is a duty I owe to my client. When and how it may end,
it is not in my (lower to foresee. Grant, however, that complete success shall
crown my exertions, the subject is of so unhappy a complexion that it would
yield no satisfaction 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 confidence that I address an honourable and
skilful man of business. But I cannot expect your co-operation, setting out, as you

'Ml

APPENDIX.

171

do, from an opposite point of the eonip.iss from myself; for supposing cfrectiial
progress to be made, any step must be painful to you that casts a stain upon a
previously good eharacter. I jissuro you, sir, it is extremely irksume to me too;
but what other course is left me? My great ohjeet is justice ft)r Jiord Stirling,
not destruction to an individual. — I remuin, Sir, \:c. kc.

(Signed) J. I. IJuux,

A few sheets of i)aper were transmitted from the Colonial Olllce, and enclosed
in the following letter.

Mr Maule to j\[r Barn.

Lincoln's Inn, September 14, 1832.
Sir, — By the directions of Lord (ioderich 1 have obtained and enclose
a sample of the different sorts of paper used at the Colonial OHiee. I have also
inquired at the Foreign Office, and do not find that Tiord (iranville, in any com-
munication to that office, ever uses a seal such as described in your letter to Lord
Goderich of the 6th instant. I have further to acquaint you, that, although Lord
Goderich will be open to receive and consider any proofs which may be adduced
in support of the charge which you have made ; yet, as it does nt)t appear to
him that even a prima facie case of suspicion is made out that the note in
questioTi ever proceeded from his office, he does not feel himself called iqjon to
take any farther steps in the inquiry. — I am. Sir, &:c. \c.

(Signed) Geouge Maule.

Mr Burn to Mr Maule.

Raymond Buildings, September 15, 1832.
Sir, — In acknowledging the receipt of your favour of yesterday, I shall not
press farther than for a distinct denial that the envelope is to be found now in
existence. This has never yet been done. On the contrary, an undertaking has
been given to send it if it could be found. — I remain, Sir, &c. &:c.

(Signed) J. I. Burn.

Geo. Maule, Esq.

We are now arrived at the closeof the correspondence, that has led to less, probably,
than any reader of it could have anticipated. On reviewing it, let us see what
single step was taken at the Colonial OfKce to prosecute the inquiry. The
request was made there, in the first instance, to have the letter for the purpose.
The return of it the next day, merely reiterating what had been verbally stated
the day before, that it was a forgery, was nothing, and that Lord (ioderich did
not know the writer, being, 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 purpose ? And who so likely to procure such

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172

APPENDIX.

' i

assistance as an accredited officer of the Government? This must strike every
one wlio reads the preceding statement. Hut when an individual was expressly
charged with the fact, Avhat means were taken to rebut it ? He, of all other
mortals in existence, was called upon to exert himself to discover the cheat, and
he, be it ever borne in mind, was the party who, in the outset, cast aside or
destroyed one of the most essential evidences to go on with, the seal and the
envelope. This was all done in pure innocence and carelessness, not thinking
the seal of any consequence, &c. In proportion as the thing was pressed, in the
like proportion was the effectual inquiry repressed, and not a particle of assistance
rendered, where all the business of investigation should have been, as proposed, at
first carried on. lict tho reader attend to this very particular fact, that the seal,
this thing of no importance, thrown aside as useless, was 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 ; that it could not, therefore, be Earl Grey's, and
yet no seal of any body's had been procured hitherto by any means, (no means
probably having been used,) to ascertain whose it was. Now, surely it would
have been no difficult task to procure the seals of Lords Viscount Granville,
Gormanston, Gage, Galway, Gort, Guillamore, Garlics, Glandine, Glenorchy,
Grey de Wilton, Grimston and Guernsey, for to whom else, beside Lord Goderich,
in the list of Viscounts could it actually belong ? I^et us take the matter in
another point of view, and say there was no sort of inclination on the part of the
office to pursue the subject, and what course was 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 burden of the
proof, having thus lessened your power to succeed. AVe stir not a single step
further, but doubt all your statements, inferences, charges. We, the professed
pursuers of guilt, and discoverers of the forgery, render every step you take less
easy and more embarrassing, and we mus'j 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 had been given, even up to the latter point, and what
single advance had the Office made, from the outset of the correspondence to its
final resting place with JNIr JNIaule, who thought that even a prima facie case had
not been made out, which a dozen persons were ready to swear to, and who still
stuck at the threshold himself, and made no further advance. What other possible
inference could the most liberal mind draw on the occasion, but the inevitable
inference that an iimocent man would stir heaven and earth to remove such a
stain off his shoulders, whilst a guilty one would equally strive to quash, in every
way he could, all further inquiry on so harassing a subject ? •

* None of the sheets of paper transmitted from the Colonial Office, being identical with that of the
forged letter, on stating this, more were sent, still omitting the one sort actually wani.'d. A sheet wns
procured that was of exactly tlie same maker from another quarter, and it is what is called government
«nd contract paper.

APPENDIX.

17.1

No. X.

Return to an Order of the Right Honourable the Lords Spirilu(d and
Temporal in Parliament assembled^ of' the 23d of August, 1831, requiring
•' that there be laid before this House a Copy of the Union Roll of the
Peerage of Scotland, and a List of all those Peers -vho voted at all
General Elections since the Year 1800, distinguishing each Election;'' —
ordered to be printed hth Sept ember y 1831.

It may be proper to premise, t)mt on the 22d of December, 1707, it >vas
ordered by the House of Lords,* that the Lord Register of Scotland " do forthwith
lay before this House an aiitlientic List of tlie Peerage of that part of Great
Britain called Scotland, as it stood tlie first day of May last ;" and a List, duly
attested by the Lord Register, having been accordingly returned, was, on the
12th of February, 1708,f considered by the House in Committee, and thereafter
reported to the House, read, and entered in the Roll of Peers.

Again, by an order of the House of Lords, dated 12th of June, 1739,1 the
Lords of Session in Scotland were required *' to make up a Roll or List of the
Peers of Scotland at the time of the Union, whose Peerages are still contiiuiin

^> '

and do lay the same before this House in the next Session of Parliament."

In the Return made to this order, which was laid before the House on the
1 1th of March thereafter, and ordered to be printed,^ there was given a Roll of
the Peers of Scotland, as used in the Parliament of 1706, and also a list of Peers
as modified by subsequent attainders, or by the restoration of dormant Peerages.

Since the date of that return, further alterations on the Roll of the Peers of
Scotland have been made, in obedience to the successive Orders of the House of
Lords ; and as it now stands, and was used at the last General Election on the
3d day of June, 18.31, it is as follows : —

* Journals, vol. xviii. p. 399.
X Ibid. vol. XXV. p. 41G.

f Ibid. vol. xviii. p. 458.
§ Ibid. vol. XXV. p. 477.

If >l

I'!

I II

174

APPENDIX.

' I

ROLL OF THE PEERS OF SCOTLAND.

:'l

ir. H. H. the Prince of Wales,
Duke of RoTHSAY.
Dukes. — Hamilton.
Buccleucli.
Lennox.
Gordon.
Queensberrv.
Argyle.

Douglas.

AthoU.

Montrose.

Roxburgh.
Marquises. — Queensberry.

Tweeddale.

Lothian.

Annandale.
Earls. — Craufurdi

Errol.

MarischalL

Sutherland.

Mar.

Monteitlu

Rothes.

Morton.

Buchan.

Glencairn.

Eglinton.

Cassilis.

Caithness.

Moray.

Nithsdale.

Wintoun.

Linlithgow.

Home.

Perth.

Wigtoun.

Strathmore.

Abercorn.

Kellie.

Haddintoun.

Galloway.

Lauderdale.

Seaforth.

Earls.-

— Kinnoull.

Earls. — Bute.

Loudon.

Hopetoun.

Dumfries.

Deloraine.

Stirling.

Solway.

Elgin.

Hay.

Southesk.

Viscounts.— Falklaml.

Traquair.

Dunbar.

Ancram.

Stormont.

Wemyss.

Ken more.

Dalhousie.

Arbuthnott.

Airlie.

Kingstoun.

Findlater.

Oxfurd.

Carnwath.

Irvine.

Callender.

Kilsyth.

Leven.

Dunblane.

Dysart.

Preston.

Panmure.

Newhaven.

Selkirk.

Strathallan.

Northesk.

Teviot.

Kincardine.

Dupplin.

fialcarres.

Garnock.

Forfar.

Primrose.

Aboyne.

Lords. — Forbes.

Newburgh.

Saltoun.

Kilmarnock.

Gray.

Dundonald.

Ochiltree.

Dunbartoun.

Cathcart.

Kintore.

Sinclair.

Breadalbane.

Mordinetoun.

Aberdeen.

Sempill.

Dunmore.

Elphingstone.

Melvill.

Oliphant.

Orkney.

Lovat.

Ruglen.

Borthwick.

March.

Ross.

Marchmont.

Somerville.

Seafield.

Torphichen.

Hyndford.

Spynie.

Cromarty.

Lindores.

Stair.

Balmerinocli.

Rosebery.

Blantyre.

Glasgow.

Cardross.

Portmore.

ColvilleofCulross

Lords. — Cranstoun.
Burglilic.
Jedburgli.
Madertie.
Dingwall.
Coupar.
Napier.
Cameron.
Craminond.
Reay.
Forrester.

APPENDIX.

Lords.— Pitsligo.

Kircudbright.

Fraser.

Bargany.

BaniK

Elibank.

Halkertoun.

Belliavcn.

Abercrombie.

Duffus.

Kollo.

175

Lords.— -Col villc.
Ruthvcn.
Rothcrfurd.
Ballendcn.
Newark.
Nairn.
Eyniouth.
Kinnaird.
Glassfurd.

140

GENERAL ELECTION, 2d September, 1830.

The Peers present who voted, were—
Duke of Buccleuch and Queens-

berry.
Earls — Home.

Strathmore.
Lauderdale.
Leven & Melville.
Selkirk.
Northesk.

Earls. — Kintore.
Rosebery.
Hopetoun.
Viscounts. — Arbuthnott.
Strathallan.
Lords. — Forbes.
Saltoun.

Lords. -

- Gray.
Sinclair.
Elphinstone.
Colville of Culross,
Cranstoun.
Napier.
Kinnaird.

Dukes. — Arcj'll.
AthoU.
Marquis. — Tweeddalci

TIic Peers who voted by Proxy, were

Earls. — Morton.

Breadalbane.

Lords.— Belhaven.
Nairn.

The Peers who voted by signed Lists, were—
Dukes — Hamilton. Earls Stirling,

Lennox.
Gordon.
Montrose.
Marquises. — Queensberry.
Lothian.
Earls. — Errol.
Mar.
Cassilis.
Caithness.
Moray.
Kinnoull.
Dumfries & Bute.

Elgin&Kincardine
Wemyss& March.
Airlie.
Balcarres.
Aboyne.
Aberdeen.
Dunmore.
Stair.
Glasgow.
Viscounts. — Falkland.
Stormont.
Kenmore.

Viscounts. — Dunblane.
Lords. — Cathcart.
Sempill.
Somerville.
Torphichen.
Blantyre.
Reay.
Forrester.
Rollo.
Ruthven.

kkl

>S6.

176

APPENDIX.

li'ii

;NERAL election, 3d Ji'NE, 1831.
The Peers present wlio voted, were —

Duke of nuccleuch and Qucens-
berrj'.
Miuquiscs. — Queeiisberry.
Tweeddiilc.
Lothian.
Enrls. — Errol.
Morton.
Buchan.
Home.
Strntliniorc.

Eurls.-

Haddington.

Dukes. — Lennox.
Arg>ll.
Montrose.
Earls. — Cassilis.

Breadalbane.

Viscounts.

- Lauderdale.

Stirling.

Airlie.

Leven and Melvill.

t^elkirk.

Kintore.

Houetoun.
-FalKJand.

Arbutlinott.

Strathallan.

Lords.-

- Forbes.
Saltoun.
Elphinstone.
Torphichcn.
Colville of Culross.
Napier.
Belhaven.
Rollo.
Iluthven.
Kinnaird.

The Peers wlio voted by Proxy, were —

Earls. — Aberdeen.
Dunmorc.
Rosebery.
Glasgow.
Portmore.

Lords. —

Gray.
Cranstoun.
Reay.
Nairn.

The Peers wlio voted by signed Lists, were-

Earls. — Weniyss & March. Viscounts. — Dunblane.
Balcarres. Lords. — Somerville.

Aboyne. Forrester.

Stair. Kirkcudbright.

Viscounts. — Stonnont.
Kenniore.

Dukes. — Hamilton.

Gordon.
Earls. — Caithness.
Moray.
Kinnoull.

Dumfries & Bute.

Elgin&Kincardine

The preceding return, extracted from the records in his Majesty's General Register House, at
Edinburgh, is attested by me, clerk to his Majesty's Councils, Registers, and Rolls.

W. DuKDAs, CI. Reg.
AiiNisTUN, August 01, 1831.

»iie.
en.
f Cull-OSS.

[lit.

ise, at

,eg.

I I

•3

rEDIGREE OF THE FAMI

1. (JlI.I.KCOI.ANE,

Diain with hi» father, 1 1G4.

2. Reginald, King of Man n
ob. circa ll^iil

]. Olavus, King of Man and the Islks,
ob. without issue.

2. DovENALU or Donald, Kin(
ob. circa l'^70.

Ill

1. Angus, Loud of tl
the firNt of his race
knowii'd^ed hiniM'lf
of tlie Kin(,'N of .Scot);
was ancestor of the
ItoKs, Lords of the Isl
Macdonald, Karls of
&c. kv. Sic.

Ob. circa 1285.

Ist wife.

1. IIeXRY, :.

5th Eaiil of

Stirling,

ob. 4th Dec.

1739,

without iNsue,

and was buried

at Uin6eld.

Klizaheth,
dautrhtei ;>;'

2. William,
ob. IGtiU.

3. William, 4. U
ob. 1699. ob.

OIJEHT,

1710.

5. I'ET

ob. 16

and widow of

John Hobby

of Hisham,

CO. Berks, Esq.

1. John,

7th Earl of

Stirling,

ob. 29ih Dec.

I7G5,

unmarried.

2. Benjamin,

8th Earl of

Stirling,

ob. at London

18th April

1768.
unmarried.

1. Mary,
Countess of

Stirling,

ob. 28th April

1794,

unmarried.

2. Hannah,

ob. 17th Sept.

17,J8,

unmarried.

Alexani
Viscount C.

ORIGllt OF THE LORDS OF THE ISLES

Who do not npppiir to Imve aHHiinied the naiiio of Macdonrll or Mac Dovaiu till iificr llu- nmniitp' of
tlieir llopreHentative Crynan or Gilmculan with tin- |.iiiicfsH Keutrix, tlii) licircHs of tlic (Vnwii. The
WToml son of this nmniage, Donald, lii'caino Aiitiiank(7/'(«/ fut alioruin Thnnorinn iiriif'fi-tiiH) [Hiuhaiian]
of Dull, Akoyle and tho Westkun Ihlks, Ac, and coiiHe(|uciitly micistor of tlm Lords of the InIi-h,
the eldest, Duncuii, having Bucceedod liiu grundfaiher, Malcolm II., ui.dor the titlo ot Dlman I.

CON-N CEUD CHATTACII-

81 iN OF

AIRT OU ART

f<(iN or
COUMACK

(I'onllinacliiiH) ; «<p nillnl /mm haring
/oiijhl a hiimlrrtl hiitih'M lit nii/tiiil i inf
llie rildtlh ill IrttiiHil ahinil the \irnr \ir> of
uiir era ami uut auivin/cil 6u hit ai./i Airt or
Art.

CAIRBHE LiX'IIMECIlAIR-

HON OK

ACHAIUS DUIUILIN

SON or
COLL UAIS

Srie, or Ere, a lineal dttcendant rff Cairbre.,\
left three mm, Feryut, Laurn ami Angut,
uho, in AD. BOH, (be it herr iibatrced that
Coll Uaib returne<l to Irelaiut and died there,
A.D.XS7) eondwied a ciilony to Kinlure in
AnjijUtliire, uhieh Iheu named Dalniadh
from their anceiilor Cairbre. and their people
were named the Dalruadini, Kintyre and
the neighbouring eoiinlru were divided into
three partt: Fergim had Kinti/re, Laurn got
Lorti ,and A ngua the Inland of lulu. A ngtte
left a ion Mtirehad tcho married hin couiin
Krea, the daughter of Laurn. ilurehad left
onlg one daughter who ican married to her
coiim'n (lodfreg, son of Fergus, bu which mar-
riage their pomemiiont were unt(«/.— Vid. (or/
tutborltloa foot o( pa(re.

Wan the tecond ton of Fergim and hin wife '
Krea lie remained in pnxsextion of Kintgre,
to which other landi were praduaUg added.
Theg afterward* aemtmed the title of King* of ,
Erraghael (A rgyle) a eomiplion qf largael. \
From thi» Qodfrey, the elan cf MacDonald i$ ^

su> or
ACHAIUS

HON or
CARRANUS

SON or
ERIC

BON or
MAN US

BON OF

FERGUS-

NixaUy dimeendtd.

SON or

-GORRIE or GODFREY

SON OF

KIEL

BON or
SUINA

SON or
MARRADHA

SON OF

SOLLADH

(Butt Ih or rpillinlrvil) ; h,-nrr the munlrg hit
deiiwudaiilmutiiuii'd u OK iiiltfd Duiruadli and
the inhabitant» ualruadini

(Coll (U C'hrliitli nml Coll Memi, lirntlii'm of
Coll I'iiIh.) I'di.i, \'M»,oflfr reigning JiJIern
gear* in Ireland ira* drivrnfrnm hifilnmin-
ioiit bg hin toutin Herman .VniiriliuH. and fled
into Si^olland. ami mllleil in the diitriet of
Kinlitrc. Hill ileneeiidantn afterwardn aninnn-
ed the title of KlNtiB cii' AiioYi K. Cull I'aii
returned to Ireland, where he died about the
year ,1.17. He left four tone, and uanHUeceed-
ed bg the eldent, Achaiue,—\\il. (or autliurU
. tiei (out u( pai[»-

Fergu* had an elder mm named Domangart
I from whom neoeral of the tieottith Kinm ueri
detctnded, and particularly, Kenneth Mae-
alpin, who, in HUil, comiured the I'icte, After
thit coni/ueiit the capital of the Scoltith Kinge
wae trani{ferred to Scuun —VUl, autburitUa at
' foot of patfe.

?!■'

\'\,

t'l

SON or
CRYNAN-

f AvrnAvn of Dull. Argyll and the Western
" {lilei, who married Princeta Beatrix.

KUntSem ^ ^ „ Second Son, KWtUhXIdt,*

DUNCAN I. DONALD or DOMHNALL

King of Scotland. Ancwtor of tho Abtbaiiu or Kings of the Isle*

From Father Inness' Critical Dissertations ; Chalmers' Caledonia ; Dr. Smith op Camp-
bellton's Isles ; Account of The Isles, by Munro, Dean of the Isles in 1549.

It would appear that long before the family of Kintyre and Argyll was blended with the royal
family by the marriage of Crynan or Gilleulan with the daughter and heiress of Malcolm II., the princi-
pality of the Isles was united with the Kingdom of Scotland. Donald III., who reigned in 265, was
Lord of the Isles. Donald III. was the brother of Donald II., who died in 279, and of Findochus, who
died in 269. These three kings were all sons of Athirco, who died in 247. Athirco was the son of
Ethodus II., who died in 236. Ethodus II. was the son of EthodusL, who died An. 197. Donald I.,
the immediate predecessor of Ethodus II. and the first christian king of all Scotland, was the brother of
Satrael the last pagan king, who died in 201, and of Ethodua I. These three brothers, Donald I.,
Satrael and Ethodus I., were sons of the sister of Mogaldus who was the son of the sister of Corbred II.
This last named king died An. 111. He was sumamed Gaeldus or Galgacus ; by which last name he is
best known and celebrated as the warrior king who successfully contended against the Roman invaders
under Julius Agricola.

rEDIGREE OF THE FAMILY OF ALEXANDER,

IH.U).

S0M1:HLF,I), KiNfi of tlio Im.f.h,

mill I'lmtH' tif Arfryll.

'IViiip. .Mnli'uliii l\'.

Killed ill bnttlv, circa IIUI.

i:i rilICA, Dmiiili

Kin

mill (ir

Ilnrolil 11111111(1

I. (iIl.I.Kroi.ANE,

filain with liiii I'ntlicr, I Itii.

1. Olavus, KiNT. of Man and tlie Isles,
ob. without issue.

2. Ueijinam), Kim; of Man mid the Isi.es, = Foma, l)Hu^llte^
oil. circn l:^'-^l. j uf ,

y. DovENAi.u or DoNAi.ii, Kim: of the Isi,f>,
ob. cii'cu l'^7U.

3. A

1. ANnus, Loud ot the Im.es,
the first of his nire who nc-
kliowleilu'i'il liiiiiM'ir 11 subject
of the Kiii};>* of Scuilaiid. lie
was nncestor of ilic iJiriN of
KoHN, Lords of the Ules, Lords
Macdoiinid, Liirls ol Antrim,
8ic. )kv. ^c.

Ob. circa 1^85.

'2. Ai.EXANDEH MacDONAI.!),
fouiiili'il the tribes or rliilis of
MiicHlinter of Li)U|i, ill Ar^'yll-
Nhjre, mill of Alexiiiider of
Meiistrie; whose deseeiidailts
took the siiriiiiiiie of Alexan-
der. Ob. (ilia l:2'J(». I'roin
liini proceeded in lineal de-
scent,

Duncan du Vi,e, or Ai.exandek,

J<iiis de Yle, or Alexander.

Alexander.

Ar.KXANDER,

1st Uaron of Menstrie.

Alexander,

2{\ Uaron of Meiistrie.

Thomas Alexander,
3d Hiiroii of Meiistrie,
vixit Gth .Miirch 1605.

Andrew Alexander,
4th IJdion of .Menstrie,

L Alexander Alexander, = Elizabeth, dnuuhter of Thomas Uouclas

5tli Uarun of Menstrie,
ob. 1615.

of Lochleveii, Esq.

I
1. Andrev, Alexander,

tith Baron of Menstrie.

CREATED'

had
Per

SiHtl

I. Alexander Alexander, =
7th liaron of Menstrie,
ob. 1594.

2. John Alexander.

L Sir William Alexander >

of Menstrie, Kniubt,
Master of Requests to King James VL;

Knighted Kill.
-lOth Sept. W2l. HeredUfirt/ Lieutenant, Sfc. of Nova
Scotia, with precedency of all
Bannets.
4th Sept. 1G30. Lord Alexander of Tullihodie, and

I'iscoiDit of Stirling.
14th June 1G33. Viscount of Canada, and Earl of
Stlrliiu).

Janet,

Daughter of Sir William Er

Titular Arclibishop of (

grandson of Robert, 4th E

Ob. post 1635.

ALFA AND ER, I]ARLS OF STIRLING AND DO VAN.

IH.U'}.

Ityc. of llifi Isi.F.H, = KirilICA, l)mi({litcr of O' vi's tlio Swarthy,

of ArKyll
hIi'oIiii IV.
Iv, I'irca 1104.

I'OMA, DmiU'llttT

KiNii of Man,

onil (il'illlllllau^lltt>r of

Ilnrolil llniliiger, K'\u\f of Denmark.

3. Anci's.

4. Oi.AVUs.

IIUUERICK.

TT'.

iHt uaughtor
2(1 daughter.

= VViMUND, Earl of Moray.

2. Al.KXANDEH >rAtnoNAI,D,
fouiiilt'd till' ti'ilii's or rliiii!) of
MiictiliNtci' of Loii[), ill Ar^yll-
hliii'c, niul of AIcxhihIit of
MiMiKtrio; wlioKi! (Ii-Nt'eiidaiits
took till* Miiiiiiiiic of Ali'xnii-
ilt-r. Oil. ell I'll \'^'Mi. I'tom
liiiii [ii'occc'ded in lini'ul de-
scent,

• T

DlNCAN do \l,K, or Al.EXANDEK,

Jdiis de Yle, or Alexandeb.

Alexander.

A[,KXANDEB,

Ist Uaron of ."Nlunstrie.

Alexander,

2i\ Baron of Muiistriu.

TnoMA.s Alexander,
3(1 Hiiron cif .Mciistrie,
vixit Gill .MiiMJi 1505.

Andrew Alexander,
4tli IJiiroii of .McnNtrio,
^b.^aiiU'^(t. Apiil 15.30.

ZAiiETii, diiuulitcr of 'I'lionias Douglas
of Loclik'vt'ii, Esq.

Catherine Graham.

2. Andrew Alexander.

2. VViLLUM Alexander,
had charters of tlie lands of Clow,
Perthshire, 4tli October 1539, and
aHtli May 1542.

= Janet Marshall.

Tsobel, wife of Jatnes
Muschet of Torrie, Ksq.

2. John Alexander.

3. James Alexandeb. Isobel.

c. of Nova
icy of all

bodie, and

d Earl of

' Janet,

Daughter of Sir William Erskine, Knight,

Titular Archbishop of Glasgow,

grandson of Robert, 4th Earl of Mar.

Ob. post 1635.

2. Andrew Alexander,

oh. nuti" 10. Julv

1647.

1. Wii.i.iAM, = M\nr.AnET

L(iui) Am;xani>i-.ii,
A lord of Sct'sidii,

','7ili .Imi. lOS.'),

ol). iit LoDdon, l^iili

Muy 10:58, and wan

buried at Stirling.

Dol (il.AS,

dautilitiT of
Wiliiiim,

Maniiii^ of
Douiilas,

ob. I>t Jan.
IGGU.

Wll.l.lAM,

'^.1 Kahi. of

Sriui.iNc!,

ob. .Mav lG-10,

1. IIemiy,
5th Eaiu, of

Stiki.in(;,
ob. llli Dec.

1739,
witijout issue,

Elizauktii,
dnu^'litei ;>i'

and widow of

Jolin I lobby

of Biiiliain,

2. Wll.I.IAM,

ob. IGGU.

1. Sill W II i.iAM ,\i I x\M>i.ii :

III \|ciisiiii., K iiii'lil,
MustiT of lli(|iii"'t« to KiMu .luiiR'S VI.;

Kmublcd li'l 1.
.Ultli Sept. io.'l. Uiniliiiriil.imlenant,$;c,ofNoia
Sviiliii, wil/t jirccidenci/ of all
liitrninls,
■ItJi Sent. l(i:Ul. f.iiiil Ali tdiitltr <>t'Tiilliho(lic,und

Cheated <v ' '•*""'"' i;l ■^inlini/.

1 Ith .liini' l(i;J.'<. \'i\fi'iiiit tif I'ltiKidii, mil/ lunl aj

.Sliiliiii/.
lUlih .liily l(i:{7. J''Hil "I f^i'i'">i< 'I'itli fnvicdcmi/

Jhtiii \il/i Jutie Ui;{:J.

Privy ( (luniillor, ami rrinciiml SicictHry for Srotland, lli-Jd.
Ki'i'i'mt <iI till' Sit:iii'i, NoMMiiliiT \u-i~i. A l.urd of Si'ssion, ri^tli
July ItiSl. l>itd »l London, litii IVbruaiy lUlO, and wan
buried ut Stirling.

•^. llr.Mt\.

;{(! l.AUi, of

Si iui.iN(i,

oil. antu

Kiili Aug.

IGU.

.Iam r,

UallLliliT of Sii \\ jllilllll
I'lMiliii Airiilii-lioii I
griihd-ion of Itcilii'ii, lili
Oil. jio^t l(i.

"•'.Ill A \ ^ll(l^^
Ai. Mii.ii, Kiii^iit,
Mii^tcr of Works in
Scotland ; nianicd a
dautilitcr of Sii' Ili'iiry
Waidlaw (if I'itri'iivif,
iiart. Oil. at l.oiidun,
ITlli Sept. lti;J/. with-
out issue, and was
buried at Stirlint;.

Mauy,

daiiuhii'r and

co-hcii' of

Sir I'i'tcr N'anhire

of i'yli'hurst,

CO. iScrks,

Halt.

1. .IdllN,

si'tlii'd in

Iri'laiid.

|iosi l(il.{,

ol). lG()ti.

= AilNES,

danuliti'i' (if

iiiilit. (iraliain

of (iai'tiiiove,

Lsi|,

t"i

.IfDll II,
(iailL'lltlT of

Uolicrt Lee

of Biiifii'ld,

CO. licrks, Ksq.

Ist wife.

I
=r llr.Mtv,
•lib r.AUi. of

Si llil.lM.,

ob. lY'l). IG'Jl

:;. I'liisi ii.i.A,
dauiihicr of

and willow of

Sir IJobcrt

Ki-yii(>l(l!i,

•^d wife.

3. Wll, I.IAM,

ob. IG'jy.

4. UOUEUT,

ob. 1710.

5. ri.iiiu,

ob. lU/S.

G. I'ETKll,

ob. 17-.i9.

John, :

oil. at

T('M)|ili'patrick,

CO. Aiitiiiii,

I! till A p. 17 1-J,

and was liuiicd

at N'uwtowiiards.

I "'

.FoIlN,

fith l-.AUl, of

Sruii.iNc,

ob. at Diililin,

1st Nov. 1713.

: .Mvitv, Jani
(l;iii:.liti'i- iif |{('v.
I hiiis 1 lainillon,
(ill. 1 St .Iiiiii' 1 7"i 1,
iiiiil Was liiii'ii>(i at
liunKor,co. Down.

: Hannah,

diiiiL'litcr of

Ucv .liiliii I liggs,

oh. ;")th Oct.

17(i«.

and was buried co. Berks, Esq.
at Binfield.

1. .loiiN,
7tb I'^viiL of

Stihi.inc,

ob. --iatii Dec.

1763,

unmarried.

2. Benjamin,
8th Eaui. of

STIlU.INfi,

ob. at London,
IStli April

17G8.
unmarried.

*^^^

1. Mauy,
Countess of

Stiiu.ino,

ob. ySih April

1701,

unmarried.

I ~

2. Hannah,

ob. ]7ih Sept.

17;5H,

unmarried.

3. Ei-i/ahetii,

ob. Oct. 17:i7,

unmarried.

4. Hannah. =\\ii.i,iam Himimiuys

CotNTESS of

Sriiti.iNc,

ob. at
Woici'stcr,
r^tli Sept.

1814.

of till' Larchi's,

CO. W'ai wick. Esq,

ob. at Verdun,

ill I'laiice,
Ist May 1807.

Alexander,

obtained lii.s

Majesty's licence to

take the name of

Alexandeh,
9tli and present j
Eaui. of Stikling '
and Uovan. I

= Eoutunata,

daughter of Signer

Giovanni Bartoletti,

of Naples,

descended of the

noble Milanese

family of the same

name.

r I I I I

Alexander, Charles. Eugene. Willjam. John.

Viscount Canada.

.SiCofNiiid

kllCI/ I if nil

l/illixiif, lltlll

ind luirl of j
/iriixileini/

lliilld, lli-Jll.
'I'ssiim, "JmIi J
.0, uiid was

■Iamt,

DiiuuliiiT III' Nil W illiiiin I',i'>>UiiR>, Kiiiglit,

I'lMilui Anlilii-lii>ii 111 < il.isi/iivv,

^'MiMilioii (it Itiilii'ii, lili liail (it Alar.

Oil. jiu^t l(i<j>4.

mill
of

iiiiliiro
urst,

' ^ I
■t. .](iii\,
si'IiIimI ill
Irt'liiiiil.
pom Kil.J,
(il). l(i()0.

'4. Ankkkw Ai.i£XAM)r.R,

•ill. luiti' !•), ,fiilv

l(il7.

r= A(;\K-i,

llllliullli'l' <if

liiilit. (iialiaiii
(if (.iintiiioii',

5. CiiAUi.us,

liilininl

Ann l)rurit'.

G. I-I'IJOVICK,

ob. ill inl'uiicv.

7. Ja.mi'."*,

iiiiu'i'ii'il

Gii/cl I lay,

III), ant(s
IVh. 1(J7M.

I. Jkan,

oh. ante

Nov. 1G70.

lacount

(Ist = Hugii, -,^,1 Visco
.; .Moiil-oiiii.|y of Anis.
i"-'' = >'ajor-( ral Uobt.
l_ .Muiini.

2. Mahv, - Sir Willim,, Murray of (Jier-
iiiDiit, Hurt.

3, Ij.i/AHETii, oh. ante Dec. 1042, un-
married.

MAnOAIlET,

wife lit

Jns. Gordoiiii, linq.
K<'e|ii'r of tilt! .SigiKil.

John, :

oil. at

T('ii)|ili'|iatri(l»,

CO. Aiiliim,

lilih A|i. I7l■.^

niKJ was liiiiU'd

at N'owtowiiards.

'^1

: .Mvitv, Janet.

(laii:.liti'i- iif {{{'V.
i lull-' 1 lainilloii,
oil. i>t .Iiltii' 17"ii,
anil was litirii'd at
iiaiiKor.co. Down.

CllAIII.ES,

oh.

without

issue.

1. Maugaret,

ob. aiitu

Feb. 1678,

without isHue.

y. Jean,

wife of

Uev. Henry

Scrvintreor.

.IdllN,

Gtb l-.AUi, of

STllil.lMi,

ob. at Dulilin,
1st Nov. 1713.

*^S^

: Hannah,

(laiiiiiiler of

Uev .iiiiiii Hifrgs,

oil. ;">tb Oct.

17(i«.

i. Mauv, ob. uiiiTiHrried.
ti. Ei.iZAHi;rii,=John Morico Skinner, Esq.
ob. 7ib Jan. 1711.

4. Hannah, =\\ii,i,iam IIimimiuys

C()i;ntess of
Stiiu.ing,

ol). at

Worcester,

r2tb Sept.

IHU.

of ilii' l.arcbi's,

CO. Warwick, Esq,

oh. at Verdun,

ill I'laiice,
1st .May 1807.

I ~

Alexander,

obtained hi.s
ijesty's licence to
ike the name of
Alexandek,
)th and [iresent
Ri. of Stirling

and UovAN.

= Fort UN at A,

dauiibter of Signor

Giovanni liartoletti,

of Naples,

descended of the

I noble Milanese

family of the same
i name.

I I I I

itLEs. Eugene. Will/am. John.

Angela,

wife of

VV. W. Pearson, Esq.

,1 l}l

III t

ORIGII^ OF THE LORDS OF THE ISLES

Who do not H|,p..iir to Imvo aHHiiimxl th« iiuin« of MA.noNKr.L or Mac DovaM) till iift.T \\w nmriiHm. of
their UeprfMChtativo Ckynan or (Jilleulan with tin. |,iini..MH Mnitrix. tlio li.-iieHM of th.. Crown The
•ocoiul HOii ofthiH iiiimiaKo, Ih.SAr.D. U'muu, Authasv. (rr'oil fMf, iliornm Ihanorum />r,//*c/«*) I Muohiiimnl
ot DiiiL, A1U.VI.K im.l till) Wkhtkkn Ihi.kh, Ac, un.l coim...,u..ntly ai.cstor of the LordH ot' tho ImiJ
tljo oldest, Uuiicun, having sucteoil.nl hin Knin.lfatli(T, Malcolm II., under the title of Duncan I

CONN CKUI) CIIATTACH

RON or
AIRT Oil ART

I (lentlmwhin); ,0 ealM /mm having
^ /iniiihl a hiiuJrt.l hatllri llf rriijneil ivr

- -J (/i« t'lliitlh in Irrliiiul ahniil fht nf'ar I:
ira aitj uat nuecettlf • ■ ■ •
Art.

j oiirtra and uui tuecttilnl by Ai« ai.ii 4irt or

Krie, or Ere, a Untal iU>Mndant 0/ Cairhrt,'
Uft ihrtt mm,Vtrq\n, hnurn ami Awiiit,
who, in AD. rii).1,(be it hrrr nhwrivil lliat
CoiiU I'AIi returnni to trrlnml atul ilicil then;
A.D.XH!) eondurted a enlomi In Kinti/re in
Argylfhire, irhieh Ihtu ndmrri Dalmailh
from Iheir antfttor Calibre, anil their pi'uple
irere named the Dalriiailiiti. Kintiire and
the niiyhhuuring eoiintru were dieiiled into
three parte; Feryim had Kinti/re, l.aumgot
Loru, niirf A nf/ua the lulaml nf Inla. A ni/iu
left a mn Murehad ivho married hi» einirin

leti

Erea, the daughter (\t Laurn. Murehad left
only one daughter irho lean married to her
mimirt Untl/reg, mn nf Fergus, 6t/ irAi«A mar- ,
riage their mtteiiHiiint were unittd. — Vid. (or/
kuthoritioa toot of |>aire.

Wat the Mcond ton of Ferguii and hit uHft ''
Erea. Ue remained inpiwwMiVni q/ Kintyrt,
to which other laiuU vcre gra^luallg added.
They afterteard» anntmed the title qf King$of ,
Erraghael (A rggle) a corruption of largael. \
From thii Qodjnu, the clan c/MacDonaid it ,
\intaUy dtuendtd.

COR MACK

HON OP

CAlRIiRE LECllMKCHAIR

HON OK

ACUAIUS Dl'IUILIN

HON or

COLL UAIS

HON or
ACUAIUS

HON OP

CARRANUS

KoN or
ERIC

SON C(P

MAN us

SON OP

FERGUS-

SON OF
-GORRIE or GODFREY

SON or
NIEL

SON or
SUINA

SON or
MARRADHA

SON OP

BOLLADH

(lliia Ih or rnlhtlrcd) ; henee the enunlry his
dmeiidaiitt rnru filed iia» culled Oatnioilh and
the iiihahitanlf Valruadini

(Ciill lilt t'hrliK'h and Coll Mean, tirolhorii nf
Cull CilU.) C..1.T, lUm, ((/(.T reigiiiiui Jijtrrn
iieam in Irelaml iras driivn/nmi hit ilnmin-
iniiH hy hiH ComiH Herman UnHriliiiA, aiitljifd
ihtii .'ii-Dllanil. and ultled in the ilintrirl nf
Kintiire lli» detcendantu nfterivnrdii aumiin-
ed the title nf KlN(m iiK AltiiTI.K. Cnll Vnit
returned to Ireland, u-here he died alinnt Ih*
year :l.ir. lie leftfnnr mnt, and iian Hucceed-
ed liji the eldeul, /IcAaiiw.— Vld. for autliuri-
, tlu foot of |>l|[tf.

Fergut had an elder ton named Domangart
from whom teveral of the Senttith Kiiige ueri
dencinded, and particularly, Kenneth Mae-
alifin, who. in Hi.1, com/urtd the I'iete. After
thin cimi/ueet the capital nf the Seotlinh King§
\cat traiuf erred to Scuon — Vld. autboritlet at
toot of page.

I r

tUeetSon

BON or
CRYNAN--

DUNCAN

King of Scotland,

„ Seemd Son. ABTUANK, *

DONALD or DOMHNALL

Ancntor of the Abthaxu or Eingi of the lale*

, XvtnMn of Dull, Argyll and {he Wettem
■ [ Itlet, leho niarried Prineeu Beatrix.

From Father Inness' Critical Dissertations ; Chalmers' Caledonia ; Dr. Smith of Camp-
bbllton's Isles ; Account of The Isles, hj Munro, Dean of the Isles in 1549,

It would appear that long before the family of Kintyre and Argyll was blended with the royal
family by the marriage of Crynan or Gilleulan with the daughter and heiress of Malcolm II., the princi-
pality of the Isles was united with the Kingdom of Scotland. Donald III., who reigned in 265, waa
Lord of the Isles. Donald III. was the brother of Donald II., who died in 279, and of Findochus, who
died in 269. These three kings were all sons of Athirco, who died in 247. Athirco was the son of
Ethodus II., who died in 235. Ethodus II. was the son of EthodusL, who died An. 197. Donald I.,
the immediate predecessor of Ethodus II. and the first christian king of all Scotland, was the brother of
Satrael the last pagan king, who died in 201, and of Ethodus I. These three brothers, Donald I.,
Satrael and Ethodus I., were sons of the sister of Mogaldus who was the son of the sister of Gorbred II.
This last named king died An. 111. He was sumamed Gaeldus or Galgacus ; by which last name he is
best known and celebrated as the warrior king who successfully contended against the Roman invaders
under Julius Agricok. ^^^^^^ ^ ^ ^ J^C. ^^ .^^^/M.^^

.V f'

GENEALOGICAL ACCOUNT

OF THE

FAMILY OF ALEXANDER,

IN SCOTLAND,

EARLS OF STIRLING AND DOVi^N, &c.

if,

INTRODUCTORY NOTICE.

ijO

V
P ■

. t.

The following account of my family is now for the first time laid before the
public, by the particular desire of several influential friends, to supply the want
of such information in the modern Peerages of Debrett, Lodge, and others,
whose editors have constantly refused to notice my title, and, I am told, are
even pleased to consider it as not existing ! AA'ith remarkable consistency,
those gentlemen insert in their works, withouf; the slightest comment or
observation, all the Scottish titles borne (certainly Avith perfect propriety and
right) by Peers, who, as I have shewn in my separate Narrative, hold
precisely the same tenure of them as I do of mine, and never had thein con-
firmed or " admitted" by the House of Ijords. If those writers were asked
to assign one fair and valid reason for excluding my titles, they would be
not a little puzzled ; thougli, I dare say, their ingenuity would suggest plenty of
invalid ones, which might appear satisfactory to some of their readers. Rut
believing that I understand their motives, I want no explanations I cannot
suppose any of these gentlemen really desirous of injuring me, as I never had
the honour of communicating in a direct manner with them, and therefore cannot
have provoked their hostility ; but I think they have imbibed the world's preju-
dices on the subject of my peerage ; and I also think that representations have
been made to them by persons in power, as well as by certain noble ftunilies, for
the express purpose of preventing that sort of enrolment of my honours and
lineage in the same books which contains theirs. Fortunately, such books are
not authorities, or otherwise valuable than for occasional reference : and, compared
with questions of more importance, I find it easy to reconcile my temper and
feelings to such anomalies. I only protest against the exception made, on the
score of its invidious character and unfairness. As for the arrogance which looks
upon me as imworthy to be enrolled with other l*eers, I pity the littleness of mind
and want of judgment which such conduct betrays. Such persons ought to know
that no omission of my titles in books of Peerage, or in the Kalendars of the year,
can, or will despoil me of them.

GENEALOGICAL ACCOUNT

OF THE

NOBLE FAMILY OF ALEXANDER,

IN SCOTLAND.

Antiquaries and Genealogists trace this family from a very early period, deducing
it from Somerled, King of the Isles, who lived in the time of Malcolm the F'ourtli,
and was slain in battle about the year 1164. He left by his wife, EfFrica, daughter
of Olavus the Swarthy, King of Man, a son, Reginald, King of JMan and the Isles,*
father of Donald, whose eldest son, Angus, Lord of the Isles, was ancestor of the
Earls of Ross and of Antrim, and of the Lords INIacdonald. His second son,
Alexander Macdonald. founded the tribes or clans of JMacalistcr of Loup, in
ArgjUshire, and of Alexander of Menstrie. This Alexander Macdonald was
lineal ancestor to

* Vide Sir Walter Scott's very entertaining and curious notices of this fiuiiily. in llie notes to liit
Poem, « The Lord of the Isles."

.'* 1 '\

4 GENEALOGICAL ACCOUNT OF THE NOBLE

Thomas Alexander, of Menstric, in the shire of Clackmannan, who flourished
in the reign of King James the Fourth of Scotland. His son, Andrew, was father
of Alexander Alexander, Avho, by his wife, Elizabeth, grand-daughter of Sir
Jlobert Douglas of Lochleven, had a son, vVndrcw, father of another Alexander
.Vlexander, who lived to an advanced age, and left issue at his death in 1594.
beside a younger son Andrew, AVilliain, afterwards Sir William, his eldest son
and heir, iounder of the Stirling honoiu's.

This Sir AVilliam Alexander, from his infancy, was much distinguished for
(juickness of parts and pregnancy of talent, which led to his introduction at Court,
where his accomplishments, and particularly his poetical taste, speedily raised him
to a hioh degree of favour with his Sovereiun,

On the accession of King James the Sixth to the throne of England, he followed
the Court to London, and there, in 1G04, published a quarto volume of l^ocms,
IMays, &:c. ; and after\vards wrote a variety of other works. He was soon advanced
to be one of tiie (Jentlemen Ushers of the presence to Prince Charles, and further
was appointed by his Majesty, Master of Requests, and knighted. From this
period, he is lost sight of as a poet, but he is found busily engaged in a series of
worldly projects and engagements. The object which first attracted his attention
was the settlement of a colony in North America, in apart of the Council of New
England's patent from King James, which they were desirous of surrendering.
Of this great tract of country he had a Royal Grant, dated at Windsor, the 10th
September, 1()21, by which the said country was then given to him to hold
hereditarily, with the ofKce of hereditary Lieutenant, and other high offices, and
was thenceforth to be called Nova Scotia.

This grant, after the death of King James, was confirmed by King Charles the
First, who, by a charter dated at Oatlands, the 12th July, 1625, ordained Sir
^V'illiam ^Vlexander. and his heirs, in the office of Lieutenant aforesaid, to have
precedence of all Baronets of the recently instituted order of Nova Scotia, or more
correctly, perhaps, to be the hereditary Grand Masters of the order. His Majesty
likewise, by letter to his Privy Council of Scotland, dated 19th July, 1625, fixed the
quantity of land that Sir William might grant to the said Baronets as the qualifica-
tion, and to sustain the title, to be ' thrie myles in breadth, and six in lenth, of landis
' within New Scotland, for their several proportions.' A few of the patents by winch
Sir William Alexander exercised his power of creating Baronets of Nova Scotia are
preserved ; but, as some persons have attempted to deny that such extensive
privilege was ever given to him, it may not be amiss to quote the clause in the
Charter, by which he and his heirs were empowered to do so, and even to confer
any titles they might please in Nova Scotia. These are the words: ' And that
' men of honourable birth may be incited to the u)idertaking of that expedition,
' and the set' ling of planters in the said lands, we, for us, and our heirs and
' successors, with advice and consent aforesaid, in virtue of our present Cliarter,
' give and grant free and full power to the aforesaid Sir William Alexander
* and his foresaids of conferring favours, privileges, offices, and honours, on the

FAMILY OF ALEXANDER, IN SCOTLAND. 5

' deserving, with plenary power of disponing and overgiviiig to them, or any of
' them who sliall happen to make the foresaid agreements or contracts for the
' said lands with him, Sir William, and his foresaids, under his subscription or
' theirs, and the seal under mentioned, any portion or portions of the said lands,
' ports, naval stations, &:c. Also of giving, granting, and bestowing, such offices,
* titles, rights, and powers, c^c. as shall seem to him and his foresaids expedient,'
&c. And again, in another clause, they were authorized to make grants and
infeftments, kc. by * whatever styles, titles, and designations, sli ill seem to them
' fit, or be in the will and option of the said Sir William ^Vlexander and his
' foresaids, which Mifeftments and dispositions shall be approved and confirmed
' by us and our successors, freely, Avithout any composition to be paid therefor.'

More evidence of the power granted to Sir William and his heirs, to confer
titles, cannot be needed. Tiie fact has been disputed, ))robably on the ground
that the grants of such title of Baronet, though following, in the first instance,
in consequence of the voluntary surrender of Sir William, before or after he
became Lord Stirling, were afterwards held of the Crown, by charter of
novodanins to the respective parties. That is certain ; but no Baronet obtained
such grant from the King, without having previously obtained the portion of
lands for its qualification, from the grantee of the Crown, who was lord proprietor
of the country.

In 162(), Sir AVilliam Alexander was appointed Principal Secretary of State for
Scotland. On the ad of February, lG'->8, he had another Charter, under the
Great Seal of Scotland, in which he was described as the King's Hereditary
Lieutenant of Nova Scotia, and had a grant of certain islands and territories,
the bounds of which were most extensive; and the whole were erected into an
entire and free Lordship, then, and at all times thereafter, to be called and
designated the " Lordship of Canada," from the great river then bearing that
name, and on both sides of which lay the territories granted. This colony, and
likewise that of Nova Scotia, were founded and established at the sole private
expense of Sir William Alexander, the grantee; and both grants were confirmed
to him by the Parliament of Scotland in 163,'3.

On the 4th of September, 1630, he was created Lord Alexander of Tullibodie,
and Viscount of the town of Stirling, in the kingdom of Scotland ; and after-
wards, with a view to perpetuate the name of the lordship of Canada in his
family, the King, by other letters patent, dated the 14th June, 1633, created him
Viscount of Canada, and Karl of Stirling. In 1637, by a Privy Seal precept,
dated 30th July, the Earl was created Earl of Dovan in Scotland, with precedency
from June, 1633; but the year following, his eldest son and heir, William,
Lord Alexander, having died, he made a surrender of all his honours and estates
into the hands of King Charles, who, by a charter of novodatfms, under the Great
Seal of Scotland, dated the 7th of December, 1639, regranted them to the EarJ,
to hold to himself and the heirs male of his body, whom failing, to the eldest
heirs female, without division, of the last of such heirs male, and to the heirs male

(|(|

! i

GENEALOGICAL ACCOUNT OF THE NOBLE

■■( I

:fu

K '.

h r

,'1

of the bodies of such heirs female respectively. Shortly after this, he died, in
February, 1640.

By Janet, his wife, dauf^hter and heiress of Sir William Erskine, Knight, the
Earl had seven sons and three daughters. Of the sons, Anthony, the second,
was knighted, and died before his father^ without issue ; Henry, the third,
became Earl, as hereafter mentioned ; .Fohn, the fourth, was ancestor to the
present Earl ; Charles, the fifth, had an only son, Charles, who died without
issue ; Ludovick, the sixth, died in infancy ; and James, the youngest, died
without issue male.

William, A^iscount Canada and Lord Alexander, the eldest son, died, as before
mentioned, in 1638, in the lifetime of his father, leaving an only son, William,
who succeeded his grandfather as the second Earl, but died within six months
after, under eight years of age ; whereupon his uncle Henry, as heir of tailzie
and provision, in virtue of the charter of novociamus, became possessed of the
Earldom. He died in 1644, leaving an only son, another Henry, who was
the fourth Earl, and died in 1691, leaving issue four sons, whereof Henry, the
eldest, succeeded as the fifth Earl, but died without issue, 4th December, 1739 ;
when his three younger brothers having also died without issue in his lifetime,
the titles devolved upon his second cousin, the llev. John Alexander of Dublin,
only son and heir of John Alexander of Antrim, only son and heir of the
Honourable John Alexander of Gartmore, fourth son of William, the first Earl of
Stiring ; which John, after the decease of his father, had settled in Ireland,
whither bis mother, the Dowager Countess, had previously gone to reside with
her favourite daughter. Lady Jean, married to Hugh, the second Viscount
Montgomery, in that kingdom.

The Rev. John Alexander, who succeeded as the sixth Earl of Stirling, only
survived his cousin, Earl Henry, about four years, having died at Dublin, the 1st
of November, 1743, leaving two sons, John and Benjamin, and two daughters,
Mary and Hannah, all infants, and the eldest son not eight years old.

John, the eldest, became the seventh Earl, and died unmarried in 1765, when
he was succeeded by his brother, Benjamin, the eighth Earl, who also died
unmarried, in 1768, when, by the decease of these two young noblemen, the
family honours devolved upon their eldest sister, INIary, who died likewise
unmarried in 1794, when she was succeeded as Countess of Stirling, by her only
surviving sister, Hannah, then the wife of William Humphrys, of the Larches,
in the county of Warwick, Esquire. She died on the ItJth of September, 1814,
leaving the present Earl, her only son, and two daughters.

Thus, the title of Earl of Stirling was dormant in female succession nearly fifty
years, which, with previous circumstances of non-assumption of the honours by
the seventh and eighth Earls, may be considered as the true cause of omission of
this Earldom in many past editions of the printed Peerages of the Uiiiieci Kingdom.

Alexander, now the ninth Earl of Stirling, was served heir to his mother, Hannah,

;B!

ill

FAMILY OF ALEXANDER, IN SCOTLAND. 7

last Countess, on the 7th of Febrtiary, 1826; nearest lawful heir in general of
his great-grcat-jTreat-graudfatlier, Williain, the first Earl of Stirling, on the 11th
of October, 1 8U0 ; nearest lawful heir of tailzie and provision to the same, on
the 30th of May, ISrjl, under the Privy Seal precept, to take up the Karldoin of
Dova!i, Avhich was granted with special limitations to the first Earl of Stirling and
his heirs of provision; and, finally, on the 2d July, 1831, nearest lawful heir in
special of the before mentioned William, the first Earl of Stirling, to take up the
fee that was vested in him of the lands conveyed by the first mentioned charters,
and upon which service, and a royal precept directed out of Chancery, he received,
on the 8th of the same month, in terms of the same charters, from the Sheriff of
Edinburgh, (representing his Majesty,) actual livery of seisin of and in the same
lands, thereby completing his title to them.

It has been shewn, in other parts of the separate work above referred to, that
the present Earl has observed all and every the forms of law, and done every act
required by ancient custom and the laws of Scotland, to invest himself with the
Peerage dignity. His liOrdship voted first, on the 2d of June, 1825, at the
election of .rames, Viscount of Strathallan, as a representative Peer, in the room
of the Earl of IJalcarres, deceased. He has since voted at several general elections ;
the last time on the lOth of February, 1835.

The Earl was born 21st June, 1783; married, 4th January, 1812, Fortunata-
Maria-Ciertrude, only daughter of Signior Ciiovanni Bartoletti, of Naples, by
whom he has had issue : —

I I

1. Alexander-William-Francis, Viscount Canada, born 11th November, 1812.

2. Charles-Louis, born 13th January, 1814.

3. Lady Angela- Eliza, born 25th July, 1815; married in Scotland, 19th March,

1835, to William Wilberforce Pearson, Esquire of Scraptoft Hall, county
of Leicester.

4. Eugene- John, born 23d December, 1816.

5. Lady Clara-Sophia-Fortunata, born 1 6th October, 1818; died 25th January,

182.3.

6. Alfred-William, born 24th October, 1820; died 31st January, 1823.

7. AVilliam-Donald-Stapleton, born 19th aiarch, 1826.

8. John-Hamilton, born 5th August, 1829.

His Lordship succeeded to the Peerage upon the decease of his mother, 12th
September, 1814, but did not publicly resume the titles until his Majesty's prccia-
mation, dated 20th April, 1825, for summoning the Peers of Scotland to assemble
and meet at Holyrood House, on the 2d of June following, appeared in the
Gazette.

..111

GENEALOGICAL ACCOUNT, &c.

ii'f

Name and Title*. — Alexander Alexander, Earl of Stirling and Dovan, Viscount
of Stirling and Canada, Lord Alexander of TuUibodie, His Majesty's heredi-
tary Lieutenant of Nova Scotia, &c. &c.

Dates of Creations. — 10th September, 1621. Hereditary Lieutenant General

of the Country and Dominion of Nova Scotia.
12th July, 1625. — Justice General ; High Admiral and Lord of Regality ;

also Hereditary Steward, within the said Country.
ith September, 1630. Lord Alexander of TuUibodie, and Viscount of the

Town of Stirling.
14/// June, 1633. — Viscount of Canada and Earl of Stirling.
30/// July, 1637. — Earl of Dovan, with precedency from 14th June, 1633.
7<A December, 1639.— Charter of Novodamus.

Arms. — Quarterly; 1st and 4th party per pale, argent and sable, a chevron, and
in base a crescent, all counterchanged, for Alexander ; 2d and 3d, or, a ship
with the sails furled up sable, between three cross crosslets fitchee gules, for
Macdonald ; and over all, in surtout, the badge of a Baronet of Nova Scotia,
which is argent on a saltier azure the royal arms of Scotland, ensigned on
the top with an imperial crown proper.

Supporters. — On the dexter side, an Indian man, with long hair, and a dart in
his right hand, having a plain circle or rim of gold on his head, with a plume
of seven feathers or and azure, and round his waist a like circle and feathers ;
on the sinister, a mermaid, with her comb and mirror, all proper.

Cresi. — On a wreath, a bear sejant, erect, proper.

Mottoes. — Per Mare, per Terras; and, over the crest, Aut Spero, aut
Sperno.

'1!

\r]

% \\ '*
il

HISTORICAL VIEW

THE PROVINCE OF NOVA SCOTIA,

AND OTHER TERRITORIES IN AMERICA ;

AND

ACCOUNT OF THE GRANTS OF THOSE TERRITORIES,

WITH THEIR DEPENDENCIES, &c.

IN FAVOUR OF

SIR WILLIAM ALEXANDER, EARL OF STIRLING,

Sfc. Sfc. S)-c.
PUINCU'AL SECHETAIIY FOR SCOTLAND, IN THE REIGN OF CHARLES THE FIRST :

WITH PROOFS,

FROM PUBLIC KECOUDS, AND OTIIEli AUTHENTIC SOURCES 01- INFOKMATIOX.

111

!f!

i »

f i'

P R E F A C E.

A Royal Ciiautf.u was jiasscd in liivour of Sir William Aloxaiulcr, tlic first
Karl of Stirliiio-, in S('j)ti'ml)c'r HJ21, roiitaiiiiiiu- a orant to him of aii (.'xteii-
sivc tract of laud, under tlic name of Nova Scotia, in America, which he
undertook to colonize, With some sinister views, however, It has been
alle<ied, that after the date ol'the charter either the territory of Xova Scotiii
was ccdi'd hy treaty to France, and the whole grants made to Sir AVilliani
Alexander, or to others, thereby lapsed, and were not revived when the
province was retroceded, or, if he ever had attained possession, he was com-
pletely Jind for ever deprived of it in consequence of his own act.

Both of these alternative positions, distant as they are alike from the truth
and from each other, have been taken uj), it must be acknovvled<>cd, not
without a semblance of authority. One historian sets forth, that by the
treaty of St Germain, " Kin<»- Charles gave uj) all Canada and No^a Scotia,
" with Port Royal and Cape Rrcton, to the French *." Further, the Agent
of the United States, in conference with the British Commissioners acting
under the treaty of Ghent, of 24tli December 1814, maintained, that by
the peace of St Germain " the King had ceded all Acadia to the French f."

But the supporters of that hypothesis omitted to explain how King
Charles came to be in the right of the territory of Nova Scotia, so that it
was in his power to deliver it to the French ; or how, seeing Sir William
Alexander, and not his Majesty, was truly in the right of Nova Scotia, any
effective cession of it could be made under a compact to which Sir William
Alexander was not a concurring party.

In the next place, and as if to escape from the dilemma involved in the
theory just mentioned, another historian states, that Sir William Alexander,

* Prince.

t Memorial of Agent of the United States, Foreign Office, London ; and Secretary of State's

Office, Boston.

)

[i si

1' ;

t f

l!i<

, I

I'i

(
L
■f

}

rHKKACK.

'• ill the Mill" 1()'J0, aliened his patent and «;ovcrnnient to the l"'rc nch Crown,
" and ii|)()n seliin«j; liis patent tlie Kin^of France nranted to Mons. De hi
" Tonr all the country of Acadie and Xova Scotia*."

Tiiis statement lias at least the merit of bein*; consistent with the fact,
that Sir A\'illiam Alexander continued to retain his ri«j[iit of ])roperty in
Nova Scotia. Still there never existed a ])articlc of ground lor asscrtin*;
that he, in anv manner, or at anv time, in Ifi.'JO or afterwards, divested him-
self of liis patent. On the contrary, the assertion is disproved by various cir-
cumstances of real evidence : but to <»ivc a just and exact relation of these,
a considerable minuteness of detail seenied to be re(piired. All contro-
versial discussion of the opposite statements has been, for the most part,
avoided: hut in respect only to what the author last referred to has ad-
vanced, let it be remarked, that it is supposed he had some information that
iNJons. De la Tour obtained a orant connected with Nova Scotia, which it is
certain that person did of a portion ol' lands lyln^'i' there ; but it was from Sir
William Alexander that he obtained it. A full copy of the grant will be
found in the Ajipendix f.

hi the last place, the attention of the reader is requested to a description
of the <i,rants which were conferred on Sir William Alexander, as it is given
by M. D'Anville, the accurate French geographer, in his great chart or map
of Xorth America, published in 175;"), and Memoir relative thereto. " Nova
" Scotia usurped by the French in IfiOS, — they forced out by Argal i;i
" 1()13; granted in 1621 to Sir William Alexander; and the boundaries
" were St Lawrence river on the north, and the west St Croix. liv a second
" grant, in 1()'35, it was enlarged to Kenebec river, to co-extend No\a
" Scotia with Acadia." Hence it follows incontestably, that the assertion
that Sir William Alexander, in the year K),'30, alienated or sold liis patent
ol' Nova Scotia must fall to the ground, as he could not have wanted the
grant in 163;") to enlarge a country that he had already disposed of.

The compendious account of the first settlement of Canada has been
taken in great part from the recital in the Edinburgh Encyclojwedia, wiiicli
appeared to be at once the most apposite and comprehensive on the subject.

Sullivan, p. 174.

t N... XIX.

r W im O m^ n ^tHit^

CONTENTS.

CiiAi'. I. History of the ProviinM' of Xovn Scotlii, jTraiitod liy Kliiflf .lainos VI. of Scot-

liuul to Sir Wiiliain Alcxiimlcr, on the siirrondi'r of the IMyiuoutli Comiiiuiy, and

convoyed Ity t'liarter in tlit! .").'")tli year of liis reij^n, . . . . .

II. Aceount of the territories conveyed by charter in the 5 'it h year of Kinj,' James

\'l. to Sir Wiiliiun Ah-xamU'r, ........

III. Acconnt of the oHiccs, &c. and |irivih'nes tlieriliv u^ranted, . . . .

IV. History of the Lonlship of Canada, granted hy King (Jharhvs I. of Enghmd and

Scotland, to Sir William Alexander, and conveyed l)y charter in the .'Jd year

of his reign,

V. Acconnt of the territories con\(>yed, and the powers, &c. granted, hy charter of
the Lordship of Cana(hi to Sir William Alexander, . . . . .
VI. History of a part of .Maine, and islands, granted liythc Plymonth Company, at the
command of King Ciiarles I. to William, Karl of Stirling, and conveyed hy let-
ters-patent in the 1 1th year of his Majesty's reign,

VII. Acconnt of the territcn-y and islands conveyed hy letters-patent of a part of Maine,
&c. to William, Earl of Stirling, ........

Figt

10
12

1!>

20
25

i|tj

APPENDIX.

No. I. Letter from King Charles I. to the Privy Council of Scotland, anent Baronets,

19th July 1G25, 27

n. Commission by King Charles to certain of the Privy Council for creating Baronets,

25th July 1G26, 28

III. Warrant to the Baronets to wear a cognizance or badge, 17th November 1G2'J, 35

IV. Act of the Convcnticm of Estates, 31st July 1(J30, 3()

V. Letter from King Charles to the Privy Council, 12th July 1631, . . .37

VI. Letters-patent by King Charles, concerning the delivering up to the French King

of the fort and place of Port Royal, in Nova Scotia, 28th .luly Hi31, , . 38
VII. Petition of Alexander, Earl of Stirling, to King William IV, 21st November
1832, to direct payment to be made to him of a warrant of King Charles to
William, Viscount Stirling, communicated to the Privy Council 19th February

1632 ; and proceedings following on the petition, 40

V in. Excerpt from Treaty of St Germain, 29th March 1632, .... 45

IX. Letter from King Charles to the Lord Advocate, 14th June 1632, . . 46

X. Letter from King Charles to the Baronets of Nova Scotia, 15th August 1632, ib.
XI. Act of Ratification of the Charters granted to William, Viscount of Stirling, of

the territories of Nova Scotia and Canada, &c. 9. Chai'les I. cap. 28, . . 48

■'I
ft

i'l

■\

I f

III

No. XII.
XIII,
XIV.

XV.

XVI.

XVII.

XVIII.

XIX.

XX.

XXI.
XXII.

XXIII.
XXIV.

XXV.

XXVI.

XXVII.

XXVIII.

XXIX.

XXX.

CONTEXTS.

Act of the Privy Council, l.'ith Fohruary lfi34, .....

Roll of Haroiit'ts of Nova Scotia who had territorial grants there,
A:?signation and Dis^position in trust hy Williaui, Earl of Stirling, to Messrs

Kyuneir and (iordoiui, "i'lth January KIIO, .....

Excerpt from Treaty of Breda, 2 1-3 1st .Inly 1G()7, ....

Excerpt from Treaty of Hyswick, 2()th Septend)er 1097,
Excerpt from Treaty of Utrecht, 11th April 1713, ....

Excerpt from Treaty of Paris, loth February 17(!3, ....

(irant by '*^ir William Alexander to Sir Claude St Estienne, Knigiit, De la Tour,

&c. 3()th April WM),

Patent of Harouetago by William, \"iscount of Stirling, to John Browne, Esq.

17th June 1(J3(;,

I'^xcerpts from the act ratifying and approving the Treaty of Union, .'). Annre, cap. 7,
Description of the offices granted by the Charters of Nova Scotia, .'iS. Ja. VI,

and 1. Cha. I, ..........

Excerpt from the Quebec or Canadian Act, 14. fieo. Ill, cap. 83,

Grant by .Tames Farrett, dei)uty of the I'larl of Stirling, to Thomas Mayhew,

elder and younger, 13th October U!41,

Patent by King Charles II. to James, Duke of York, 12th March 16C4,
Excerpt from Rejjort on the Lands in Maine, IS 14,
Grant by James Farrett to Lieutenant (lardiner, 10th March l(i40,
Patent by (iovernor Nicolls to David (iardiuer, ."jth October 1(J()5,
Grant by .Tames I'arrett to Daniel How, &c. 17th April 1(140,
Kemonstranco of the inhabitants of South Hampton to Governor Lovelace,

lath February l<)70, .........

Page

49
50

58
59
ib.
ib.

G3
04

05
07

(is

G!»
72
73
74
ib.

: i

Distance in English ^Milcs from Quebec to Halifax.

ERRATA.

Page 19, last line but four, delete 'of

.SO, last line but nine.yor dt'giec, stale, read degree, dignity, state.

63, line '20, for liiten read in tlie.

Qtiebec.

Fredcrickton.

3551

St Johns.

437i

Digby.

118

473i

Annapolis.

138

4931

Wilraot Gibbon

169

524i

Kcntville.

116

198

5531

Windsor. 27

107

143

225

580^

Halifax. 45 72

101

132

152

188

270

6251

Page

49
50

5rs

53
58
59
ib.
ib.

ur,

sq.

.7, 04

08
69
72
73
74
ib.
Lce,

HISTORICAL VIEW,

&c.

CHAPTER I.

HISTORY OF THE mOVlNCE OK NOVA SCOTIA, IN AMERICA, GRANTED BY KING JAMES THE SIXTH
OK SCOTLAND TO SIR WILLIAM ALEXANDER, ON THE SURRENDER OF THE I'LYMOVTH COM-
PANY, AND CONVEYED BY CHARTER, IN THE 55tH YEAR OF HIS REIGN.

The continent of North America was discovered in June 1497, by Scbastiano Cabota
or Cabot, a Venetian, who took possession of Newfoundland, and the whole coast from
that island to Cape Florida, in the '25th degree of north latitude, for the Crown of
England. The King of England, Henry VII, notified to the powers of Europe the
possession so taken ; and in this light they understood Cabot's discovery, and that it
excluded their commissions and navigators from all the coast ; for until a thirst of do-
minion, and a rivalship in trade and navigation, prompted the French to set on foot
connnissions for wresting from other Christian nations their possessions in the New World,
no attempt of that sort was made within the above-mentioned limits. In l60t, how-
ever, favoured by the indolence of the English, and their want of attention to the im-
])rovement of their American acquisitions, the French, under the conduct of Samuel
Champlain, a naval officer, stole up the Gulf and River of St Lawrence, and having
settled at, and abandoned, by turns, various places, they, in 1C08, founded Quebec,
on the north bank of the river, and there fortified themselves ; by the effect of which,
they obtained possession, in that quarter, of an extensive tract of country, thereafter
called Canada.

Under the discovery by Cabot, the continent was at one time and another divided
into several provinces and districts, of which Nova Scotia is the most eastern. It was
first settled by the English before the year lG02.

On 10th April 160G, King James before mentioned, by letters-patent, granted

'.. ''

'it

■ I ;

2 AX HISTOUICAL VIEW

that part of the continent of America which hiy between Si and 45 degrees of north
latitude, and all the northern and larger part of which appears to have been then known
by the name of Neiv Enr/liDu', to Sir Thomas (jates and others, with permission to
divide themselves into two companies or corporate bodies, the llrst to be called the
South \'irginia or London Company, and the second, the North Virginia or Plymoutii
Company.

In the year lGl.3, Sir Samuel Argal, governor of llie southern part, called Virginia,
made a cruizing voyage round the coast, as far as Cape Cod, in latitude IS. 2, when the
Indians informing him that some white men 'ike himself were come to inhabit to the
north of them, on Mount Desert Island, in latitude 1 1/^O, he being sensible that all the
country, as far northwards as it had been discovered by Cabot, belonged to the Plymouth
Company, his employers, sailed thither, and found a French settlement and a ibrt j and
having sunnnoucd tlie French, they surrendered themselves, cancelling the patents that
hail been granted for their settlement l)y the Frencli King. Argal being thereafter
inlbrmed that the French had another station on a bay beyond the Ibrmer settlement,
proceeded tlijther without delay, and obliged them also to surrender themselves ; when,
quitting the countiy, they betook themselves more to the northward, and high up Sc
Lawrence River.

On od November lO^O, King James granted a separate patent to the Plymouth
Company, by the name of " The Council established at Plymouth, in the county of
" Devon, for the planting, ruling, ordering and governing of New England, in
" America," for all that part of the continent lying between 40 and 48 degrees of north
latitude, and extending from sea to sea. Li lO'2l, that company surrendered to the
Crown every part ot their patent situate to the north of the River St Croix ; whereupon
the King granted a cliarter of this country to Sir William Alexander, dated 10th Septem-
ber that year, and passed under the Great Seal of Scotland, in which it was first named
Nvvd Scotia ; and King Charles L granted to him a charter of ?/otw/a»iM.y, dated 12th
July 1625, conform to which he was duly vested and seised, 2[jth September thereafter.

Sir William Alexander forthwith took possession of the territory granted to him,
planted, and began to settle a colony at Port Royal, and built a fort there. King
Charles having engaged to support the Huguenots, lie entered into a war with France
in IG27, which continued until April lG29, when it was terminated by articles of peace,
concluded at Suza, in Piedmont, out of which articles, it was thought, the circumstances
arose which gave occasion to the following letter from his Majesty to the Lords of Privy
Council in Scotland :

" Right, &c. There being at this time some controversie between us and the French,
" concerning the title of lands in America, and particularlie New Scotland, it being
" alledged that Port Royal, where the Scottish colonic is planted, should be restored, as
" taken since the making of the peace, by reason of the articles made concerning ti'e

•t^imim>9^' .L." ' -" ~'

OK NOVA SCOTIA. \-.'.

same ; ns wc arc bouiK^ in dutie and justice to discharge what wc owe to cverie neigh-
bour prince, so we puist have a cure that none of our subjects do suffer in that wliich
they have undertaken, upon just grounds, to do us service, neitlier wiil wc determine in
a matter of so great moment, till wc understand the true estate tliereof : Tlicrefore,
our pleasure is, tliat you take tliis l)usiuess into your consideration, and because we
desire to be certified how far \ve and our subjects are interested therein, and what
" arguments are fit to be used, when any question shall occur concerning the same, for
" the defence thereof, that, after due information, we may be furnished with reasons
" how we are bound to maintain the patents that our late dear father and we have given.
" So, expecting that having informed yourselves sufficientlie of this business, you will
" return us an answer with diligence," &c.
" Whitehall, M July IGSO *."

The Lords, with the other Estates of the realm, being assembled in Convention, 31st
July iGoO, unanimously agreed that his Majesty should " be petitioned to maintain his
" right of New Scotland, and to protect his subjects, undertakers of the said plantation,
" in the peaceable possession of the same, as being a purpose highlie concerning his
" Majestie's honour, and the good and credit of this his ancient kingdom."

The removal of the colony planted at Port Royal was nevertheless commanded by
his Majesty, together vvitli the destruction of the fort built for its protection, and the
evacuation of Port l{oyal itself, by the following letter to Sir William Alexander, then
Viscount of Stirling:

" Kight, &;c. Whereas there is a final agreement made betwixt us and our good-bro-
ther, the French King ; and that, amongst other particularities for perfecting thereof,
we have condescended tliat Port Royal shall be put in the state it was before the be-
ginning of the late war, that no partie may have any advantage there during the con-
tinuance of the same, and witliout derogation to any preceding right or title, by vir-
tue 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 conunand you hereby, that
with all possible diligence you give order to Sir George Home, Knight, or any other
iiaving cluu-ge from you there, to demolish the fort which was builded by your son
there t, and to remove all the people, goods, ordnance, munitions, cattle and other

* Earl of Stirliiir/'s Rcr/istcr of Letters of King Charles I. &c. MS.

\ Sir William Alexander " erected a fort on tlie site of tlie Trencli corn-fields, previous to the treaty of St
" lierinain. The remains of this fort may be traced with great ease ; the old parade, the embankment and
" ditcli have not been disturbed, and preserve their original form." — Ualiburloiis Uislory of Nova Scotia.
Halifax, 18:.'!), vol. ii. p. 150.

if I

, V

'A\

"•i

4 AN HISTORICAL VIEW

" things belonging unto that colonic, leaving the bounds altogether waste and un-
" peopled, 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, lOth July 1631 *."

The command to remove the colony from Port Royal, although it was declared to
liave only been " for the present," or " for a time," occasioned a great private loss to
Lord Stirling, and operated as an indisputable discouragement also to the planting and
settling of Nova Scotia. At the same time, his Majesty wrote to the Lords of the
Council, 12th July 1G31, " We will be verie careful to maintain all our good subjects
" who do plant themselves there j" and granted letters-patent, 28th July aforesaid,
wherein his jMajesty declared, that he agreed to give up the fort and place of Tort
Royal, without prejudice nevertheless to his right or title, or that of his subjects, for
ever ; and even held out the prospect of its garrison, colonies and inhabitants returning,
jn consequence of approbation to that effect, to be obtained from the French King.

King Charles also wrote to their Lordships in terms equally strong and explicit, in
the following letter, with a warrant in Lord Stirling's favour for L.10,000 :

" Right trustie, &c. Whereas we send herewith inclosed unto you a signature often
thousand pound sterling, in favour of our right trustie the Lord Viscoinit of Stirling,
to be nast and expede by you under our Great Seal j lest any mistaking should ensue
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 tosses that the said Viscount hath,
by giving order for removing of his colonic at our express command, for performing
of an article of the treatic betwixt the French and us : And we are so far from aban-
iloninr/ of that business, 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 for that dignitie, and come before you to
seek for favour from us, but remitting the manner to your own judgment, and expect-
ing your best endeavours therein. Willing thir presents be insert in your books of
Exchequer, and an act made hereupon, we bid," &c.
" Whitehall, l^th February 1032 1."

li \\

During the war with France, which has been adverted to, Sir David Kertk, of Dieppe,
and a Calvinist, having received the command of three English ships, sailed on an ex-
pedition ao-ainst Quebec, defeated the squadron that was sent to its relief, and after re-

* Earl of Slirlinys Hcjister.

t Ibid. \' I %

OF NOVA SCOTIA, &c. r.

(lucing the settlers there to the greatest extremities, compelled them to capitulate, I'Jth
July IG29. It was recovered, however, by France, under the treaty of St Germain, in
163'i.

♦' Sir David Kertk having taken Quebec from the French, the King of France de-
" tained 400,000 crowns, part of the Queen of England's portion. This brought about
" a treaty with King Charles, who empowered his ambassador, Sir Isaac Wake, to con-
" elude the dispute, 29th June 1G31 ; but it was not till 2'Jth ?^Iarch 1G32 that the-
'• treaty was signed, by which King Charles'* agreed to make iiis subjects withdraw from
all the places occupied by them ; and for that effect gave orders to those who commanded
in Port Royal, the fort of Quebec, and Cape Ereton, to render and deliver tlicac places-
and fort into the hands of such as the French King should please to appoint ; " whicii
" put an end to all differences, and the remaining half of the Queen's portion was paid
" by the French King." — (Prince's Annals of New Em/lancL)

Thereafter, the French from Quebec, and the district surrounding it, suddenly broke
into the country of Nova Scotia, on the pretence of an unsupported right to the possession
of it, by the treaty of St Germain just referred to, whereby it was not ceded at all, but
only Port Royal commanded to be given up. The troubles in England, by which King
Charles was beset, prevented his breaking with the French Court ; and from the conti-
nuance of these troubles for many years, it is accounted for why the French, for so long
a period, were little molested in the v^ocupation they took of the country, nor even any
effectual remonstrances made against their aggression. But his Majesty wrote to the
Lord Advocati', 1 1th June 1G32, that he should ever ** be readie, by his gracious favour,
" to protect the Viscount of Stirling, and all such as had, or should thereafter at any
" time concur with him for the advancement of the plantation in the bounds foresaid ;"
and in a letter to the Baronets, 15th x'lugust the same year, communicated to them,
that his loving subjects should be " secured of his protection in time coming, in their
** undertakings into it," and his Majesty " be readie to contribute what he should find
" he might justlle do for tlie encouragement of all that should join with them to tliat
" purpose." Having those strong assurances from his Majesty, Lord Stirling was in-
duced to prosecute the work of the plantation by every means, of which one was, tht-
procuring of those persons who were joint undertakers with him of the plantation,
to be created Baronets of Nova Scotia, as recommended by his Majesty, by whom that or-
der was instituted, to confer particular marks of his " flivour upon such as should voliiu-
" tarilie contribute to the furtherance of a plantation to be established in the:;e liounds."

In June lG33 the patents or grants to Sir William Alexander were solemnly ratified
by Parliament; and further, an act of the Privy Council, under date loth February
lG31', bears as follows : " Forsameikle as his Majestie's late dear father, of blessed me-
«' morie, for the honour of this his ancient kingdom of Scotland, did grant the first
" patent of New Scotland to his jNIajestie's right traist cousin and counsellor, William

1 , 3

1 1^

1 !i

I' t

|i; f*

6 AN IIISTOKICAL VIKW

" Eric of Stcrlinc, and was willing to confer the title of Knight Baronet upon such of
" liis well-deserving subjects as should contribute to the advancement of the work of the
" plantation in the said countrie, his Majestic was pleased to give order for effectuating
" of the same, according to his commission, directed to the Lords of Privie Council for
" that purpose : And his Majestic understanding ])crfectlie that the said Erie did
" begin aiul prosecute a plantation in these parts, with a far greater charge than could
'« oe supplied by the means foresaid, and the rather in regard of the late discouragement
" of some, by his jMujestie's commanding the said Erie to remove his colonic from Port
" Koyal, for fultilling of an article of the treaty betwixt liis Majestic and his brother
" the French King, to make everie 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
" Majestic had totallic lost Ids purpose to plant in that countrie, as haviug surrender-
" id his riyht thereof ; and therefore lest anie further mistakiny shoidd arise there-
" upon, his jMajestie has thought good hereby to clear his intention therein, which is,
'« that tlie said Eric, with all such as shall adventure with him, shall prosecute the said
«« work, and be encouraged by all lawful helps thereunto, as well by completing the in-
" tended number of Baronets, as othcrways," &c. Lord Stirling, therefore, continued to
procure the creation of Baronets to those persons respectively who concurred with him
m the great enterprise of fully planting Nova Scotia, and he made up their territorial
qualifications for receiving the dignity, by surrenders of portions of the lands in their
favour. This he did down to 31st July 1G37> at which time he ceased to make them,
intelligence having reached him that the French had overrun the country, and held it
in their possession. He, notwithstanding, never relinquished any of the rights vested in
liim under his patents, as is proved by an assignment of them in trust, that he executed
in 1G40, only two weeks before his death.

The French maintained their usurped possession of Nova Scotia, certainly, as has
l)ecn said, with little or no molestation, until 1G54, when, by conmiand of Cromwell,
military re-occupation of the country was taken by Colonel Sedgwick. King Charles II,
liowever, in 16C2, without the consent of Parliament, and also in opposition to
the urgent representations of the adjoining settlement of New England, against admit-
ting the French so near to the English colonies, commanded it to be re-delivered to
them J and under the treaty of Breda, in July I667, the French alleged that they were
actually put again in possession of Acadia, comprehending Nova Scotia, and, besides,
the lands called oi- known by the names of St Croix and Sayadahock, lying between
the river St Croix and Penobscot, in the state of Maine, New England ; and they built
a small fort at Port Royal, for the security of certain settlements made by them along
the coast, where they traded with the inhabitants.

But, at any rate, the French having made those settlements, and the settlers in New Eng-
land labouring under great disadvantages in consequence of the occupation by the French

f ;

''rench

OF NOVA SCOTIA, &c, 7

of any parts of the country in their neighbourhood, they seized the first opportunity of a
rupture with that people to force every ])hice in tlicir possession out of their j^rasp. (jrtat
Britain declared war against France 7th May l(iS(), and Sir William Phipps, commander-
in-chief of the forces of New England, appeared, on 11th ]\Iay l(Jl)0, before Port Royal,
the garrison of which was surrendered, upon condition of a safe conduct to Canada.
Having dismantled the fort, and sent away the rrench garrison agreeably to the capitu-
lation. Sir William Phipps left the comitry in the possession of those who remained
behind, placing over them a governor uiuler their Majesties, King William and Queen
Mary, and they kept undisputed jiossession of the countiy on that footing.

Further, on 7th October l(Ji)], King William and Queen Mary, by charter to tlie
inhabitants of the province of Massachusetts Bay *, granted to them " all the lands and
" hereditaments lying and being in the country or territory commonly called Acadia or
" Nova Scotia," for the purpose of asserting, keeping up, and preserving the right of
the British Crown to the sovereignty of the country ; judging, which this act of
sovereignty evinced, that the country had not been validly ceded by the treaty of Breda,
but that the possession had by the French was deemed a violent, usurped, and vitious
possession.

By the treaty of Ryswick, of 20th September 1C97j it was agreed between the King
of Great Britain and the French King, merely that matters should be placed in the
same state as before the declaration of war ; and the sense which the British Crown
entertained as to what was comprehended in the treaty, in resj)cct to the country of
Nova Scotia, was left by no means doubtful ; because, so soon afterwards as in June
1G98, King William, in pursuance of the grants that had been made to Sir "Williiun
Alexander, confirmed a conveyance of a portion of lands lying in that country, and
holden of his Majesty as the immediate overlord t, for doing which the King could have
had no pretence, if the country had been considered as having passed from under liis

* I'refixod to Laws of the MassachusiUt-liai/ in Xew I^)i(jlan(l. Lond. Mli.

j- Sir William Ak'xaiidi'i- suirL'udcrcd into tliu iiaiids oF tlio C^iown certain of Ids lands lyina; in Xova Scotia,
ill favour of Sir Robert Gordon of (Jordonstounc, who thereupon obtained a new charter of tliem, under lin'
(ireat Seal of Scotland, on aSth May MMty, containing a j^rant of the title and dignity of Baronet. Sir llobt-rt
died in Kioli; and his grandson, also called Sir Robert Gordon, thereafter obtained a grant of the dignity jnul
the same portion oi lands, bearing that they had been again surrendered into the hands of the Crown, in favour
of a new and ditlerent aeries of lieirs, appointed by a deed of settlement, dated 2Gth January 1G97, and iliut
the surrender liad been duly received ; and the dignity and lands were de novo confirmed and re-gninled, on
27th June 1G98; 15. Ixxvi. Xo. 5,

Referring to the records for other instances of a settlement or devise of lands and titles of lionour being
confirmed by the Crown, one remark occurs to be offered, that any nomination or appointment of new heirs to
titles now, otiierwise than by the Crown, would be inefficacious ; such an appointment made by John, the
second Earl of Stair, after the Union of Scotland and England, of his honours and dignities, having been
adjudged by the House of Lords, Ith May 1748, to be not valid in law.

Ill-,

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AN HISTORICAL VIEW

i }

ll '■

light of feudal superiority or sovereignty, in consequence of possession being resumed
by tlie French, and their possession being acquiesced in as lawful and just.

The time at length arrived to fix the possession of Nova Scotia according to its
original and inviolate title. The country, wheresoever it was occupied by the French,
was reduced, in I7IO, by Colonel Francis Nicholson, with united forces from Old and
New England ; and the treaty of Utrecht, of 11th April 1713, confirmed to the Crown
of Great Britain, for ever. Nova Scotia, comprehended in •' its ancient limits, as also
" the city of Port Royal, now called Annapolis Royal, and all other things in these
•' parts which depend on the said lands."

After this treaty, it became matter of dispute between Great Britain and France,
What were the ancient limits of Nova Scotia ? The treaty of Aix-la-Chapelle, in 1748,
by which that question ought to have been determined, committed it, with various other
matters, to the decision of Commissaries ; and, in the course of their discussions, the
Connnissarics on the part of France alleged, that the French had a just claim to the pos-
session of the country, contending that it was borne out by the treaty of St Germain ;
as to which, on the other hand, the British Commissaries, Messieurs Shirley and Mild-
may, shewed that it gave no countenance whatsoever to such claim *. In the meantime
a plan for the better peopling and settling of Nova Scotia was proposed to the Privy
Council in England, and approved of by an order in Council, 7th March 1749. But
the French, in April 17-50, having renewed their encroachments on the settlers in this
province, from which they refused peaceably to desist, it was totally reduced to obedience
to the British Crown in June 17-55, by the lieutenant-governor. Major Charles Law-
rence, assisted by troops from New England under the orders of Colonel Monkton.

Tlie treaty of Paris, of 10th February 17^3, ensued, by Article 4. of which the
Frencli King renounced all pretensions which he had heretofore formed, or might form,
to Nova Scotia in all its parts, and guaranteed the whole of it, and with all its depen-
dencies, to the King of Great Britain.

Thus, upon the quit-claim of the French at the peace of Utrecht, and anew upon the
renunciation at the peace of Paris, the sovereignty of Nova Scotia was re-acquired by
tlic British Crown ; and, in like manner, upon the reduction of the whole territory by
Governor Lawrence, all the rights of private persons also, the subjects of the King of
Great Britain, revived; the possession of the country by the French having been a
usurpation, which created only a suspension of the property of the former owners, and

not an extinguishment of it.

At the peace of Paris the right of inheritance to William, the first Earl of Stirling,
was in the person of his great-great-grandson, John, the seventh Earl. He died within
three years thereafter, on 29th December 17C-5, and his brother and successor, Benja-

* Memorials of the Britisli and French Comiuissaiies under the Treaty of Aix-la-Cbapelle. Lond. 1748.

1 «

OF XOVA SrOTIA, &c. .,

niin, the eighth Earl, died on 18th April 1768, from which time the right was in the
person of females, until 12th September ISM, when Alexander, the present Earl of
Stirling and Dovan, succeeded to it by the decease of his mother.

The present Earl completed his titles in 1831. Having been proved to be the heir
to the property, he obtained a precept from his Majesty as overlord, for o-jving him
seisin as heir aforesaid, directed to the Sheriff of Edinburgh, who, on his Majesty's
behalf, gave hereditary state and seisin of Nova Scotia, with its dependencies, to the
Earl, on 8th July 1831, at the castle of Edinburgh, in the manner prescribed by the
foundation charters of the province.

m J

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AN HISTORICAL VIEW

I If /

1 H

CHAPTER II.

TEnniToniEs conveyed by ciiAiiTEn in the 55tii year of kino .tames the sixth of Scot-
land, AM) IJY A rrRTHEIt CIIAIITER OF NOVODAMUS IN THE FIHST YEAR OF KINO CHARLES
THE FIRST OF ENGLAND AND SCOTLAND, TO SIR WILLIAM ALEXANDER.

The province of Nova Scotia, granted by King James to Sir William Alexander, and
granted again by bis son and successor King Cbarles, formed a middle portion of a tract
of country in America, wbicb, it is said, was named by tbe Frencb, prior to 1G13,
Acadic, and reached from Penobscot, (by tbe French named Pentofjoet,) in the state
of Maine, to the north of the lliver St Lawrence. It includes

Nova Scotia proper j

New Brunswick ;

Gaspe, a district now comprehended in Lower Canada ;

Islands. The islands are those lying within six leagues of the west, north, or east
coast, such as the islands of Cape Breton and Prince Edward ; and those lying
within forty leagues of the south-east and south coasts, of which the Isle de Sable
is one ; also certain parts of the island Anticosti, in the Gulf of St Lawrence, were
considered as belonging to Nova Scotia.

The northern boundary of Nova Scotia proper is a line drawn from the head of Bay
de V^ert to Cumberland Basin. The length of the country is about 320 miles, and its
average breadth about 70, containing 14,031 square miles.

New Brunswick extends from the Bay de Chaleur and the River Restigouche south-
wards to the River St Croix. It was disjoined from Nova Scotia in 1783 ; is about
145 miles from north to south, and contains 2G,704 square miles.

The district of Gathepe or Gaspe, lying to the north of New Brunswick, was added
to the province of Quebec. It contains about 18,000 square miles. The province of
Quebec was erected in 17G3.

The island of Cape Breton is mentioned in 1G32, in the treaty of St Germain, signed
that year, as one of the places which were ordered by King Charles to be delivered to
such as the French King should appoint to receive them. It thereafter shared the fate
of Nova Scotia, from the mainland of which it is separated by the Gut of Canseau, about
one mile only in breadth, and twelve in length. It remained unplanted until 1714',
when the French, from Newfoundland and neighbouring parts of the continent, denying
that it depended on Nova Scotia, made some settlements upon it, and had it included

OF NOVA SCOTIA, &c.

ill their province of New France. This island was called by the French Isle Roijale,
whilst they held it, which they did until 17th Jnnc I7I.5, when it was taken from them
by the firitish, imtler Commodore Warren, assisted by a body of GOOO troops from New
England, under the command of Mr William Popperel ; but it was restored to France
by the treaty of Aix-la-Chapelle. It was afterwards taken by General Amherst, com-
manding the IJritish land forces, and by Admiral lioscawen, to whom the governor, the
Chevalier Drucor, surrendered himself and the garrison of Louisbourg, 2Gth July 1758 ;
and the island was ceded by the French King, by the treaty of Paris, in 1703. It is
iibout 100 miles long by about GO broad, and contains 3VZ5 square miles. Coal mines
abound in it, and it also possesses abundance of iron.

Prince Edward's Island, in the Gulf of St Lawrence, had its name changed from that
of St John, in 1799. It is separated from Nova Scotia by Northumberland Strait,
which is nine miles broad. Cabot met with this island after leaving Newfoundland, but
the English neglected it. The French took possession of it, as being alleged by them
to be within the limits of New France, and as having been re-discovered, in 1523, by
Verazani, a Florentine, who was employed by Francis I. of France to go in quest of
places for new settlements. The French government, however, afterwards discouraged
its settlement to force that of Cape Breton, and it also was yielded by the French King
by the treaty of Paris. Its length is 140 miles, and its greatest breadth SI, containing
2159 square miles.

The province of Nova Scotia was annexed to the kingdom of Scotland for the conve-
nience of taking seisin of it, and likewise, as a letter from King Charles to the Baronets,
15th August 1G32, already referred to, expresses it, • out of his late dear father's royal
•• care for the honour and weal of that his ancient kingdom — that the use of the domi-
" nion of New Scotland might arise to the benefit of that kingdom ;" and the place for
taking seisin was appointed to be the castle of Edinburgh in Scotland, within the baili-
wick of the Sheriff of Edinburgh.

{■%■{

>li

AN HISTOHICAL VIKVV

CHAPTER HI.

(iiriciis, &('. AND iMiiviLi:<n:s (.uantki).

1 \

. I

Aftek the descriptiou of tlie territories, the charters contain the j^rant to Sir William
Alexander, and his successors, of the powei', privilege and jurisdiction of free regality
and chancery, (chancdlary) ; the right of patronage of churches, chapels and benelices,
and the functions of justiciary and admiralty ; and more particularly, certain great
offices with Iiigli jurisdictions, and hn-ge privileges or powers under written, all to be
exercised within the hounds of Nova Scotia, and in reference thereto.

1 . The ofhco of liis Majesty's Hereditary Lieutenant-General, to represent his royal
])crson, with the power of making, sanctioning and establishing laws, statutes and
instructions for the government of the country in all causes civil and criminal ; sucii
laws to he consistent, as much as they could be made, with those of the kingdom of
Scotland.

U. The offices of
Justice-General ;
High- Admiral ;
Lord of llegality ;
Hereditary Steward.

3. The power of erecting corporations, free boroughs, free ports and boroughs of
barony, with markets and fairs, and of holding courts of justiciary and admiralty within
the bounds, ports and seas, and of imposing, levying and receiving customs and dues of
the corporations, boroughs, markets, fairs and ports, v.ith sufficient magistrates, justices
of the peace, provosts, aldermen, constables and other officers, deacons of crafts and
others recjuisite.

■A. The power of bestowing favours, privileges, employments and honours on deserving
persons, and of making sub-grants of any portion or portions of the lands to those who
should covenant and contract for the same*.

5. The power of giving, granting and conferring offices and titles, and of constituting
and appointing office-bearers, bailies, cleiks, barony and borough officers, and other
assistants for the administration of justice, according to the qualities, conditions and merits
of the persons who should reside in the said country, or who should adventure their
means or fortunes for the profit thereof.

* (Iraiits or patents to Sir Claude St Estieniio, Charles St Emienne, and John Browne. App. Nos. XIX.
and XX.

A\o

OK NOVA SCf)TIA, &c.

G. The privili'jro of export I'roin and import into Scollaiul, or any other phiocs, of all
goods and jnerchandiscsi, on payment to the Crown of an m/ mhmm duty oi' Ti per cent.,
and exemption from any other duty or custom in respect to such import or export.

7. The power of huihlim,' churches, chapels and hospitals, and of plantinj; the said
churches, and providiuj; them with sullicieiit [)reachers, pastors and ministers.

S, 'I'lie power of erecting, foundiui; a'.id constructinj; conunon schools, colleges and
universities, sufliciently provided with masters, rectors, regents and professors ; also of
instituting prelates, and rectors and vicars of parishes and parish churches, and of distri-
buting and dividing all the hounds of the country into dillerent and distinct shires, pro-
vinces and parishes.

<J. The power of Ibunding, erecting and instituting a college of justice, with senators
or judges thereof, for the administration of justice therein, and other places or courts of
justice.

10. The power of erecting and appointing a privy council, and of giving and granting
titles, honours and dignities to the meml)ers, and creating the clerks tliereof } also of ap-
pointing seals and registers, with their keepers.

11. The power of erecting and instituting
Officers of State ;

Chancellor j

Treasurer ;

Comptroller ;

Collector ;

Secretary ;

Advocate or Attorney-General ;

Clerk or Clerks Register and Keepers of the Rolls ;

Justice-Clerk j

Director or Directors of Chancery ;

Conservator or Conservators of Privileges, as in Flanders or elsewhere ;

Advocates, procurators and [ileaders of causes ;

Solicitors and law agents.

V2, The power of appointing convocations and assemblies of ecclesiastical persons for
church discipline, and of authorising and ratifying the same, and their acts and decrees.

1'3. The power of appointing governors and commandants of the ports, naval stations
and bays, and captains of castles and forts.

11. The power of appointing clerks, officers and Serjeants or macers of the several ju-
dicatories and jurisdictions.

15. The power and privilege of having and lawfully establishing and coining current
money, with the instruments and officers necessary for that purpose.

It is to be remarked, as to the offices, powers and privileges above written, that in the

li'i '

S * ■!

■ Ul\

AN HISTORICAL VIEW

surrenders by the grantee to the Crown of portions of the lands, and in the new grants
thereupon made to others, it was declared that the following should be excepted and
reserved to Sir William Alexander and his heirs :

The office of his Majesty's Lieutenant of the whole of the country and lordship of
Nova Scotia ;

The power and privilege of coining money ;

The office of Justice-General ;

The office of Admiralty j

The making of Officers of State ;

The conferring of titles of honour ;

The power and jurisdiction of free regality and chancery ;

The privilege of making laws concerning the public state, good and government of
the country.

Accordingly, the portions of lands in question were actually surrendered, and the re-
irrants of them from the Crown made, with and under the exceptions and reservations
which have just been specified.

^ 11

•

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: ■ ■ i

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1 ;

OF CANADA.

CHAPTER IV.

HISTORY OF THE DOMINION OR LORDSHir OF CANADA IN AMERICA, GRANTED BY KING CHARLES
THE FIRST OF ENGLAND AND SCOTLAND TO SIR WILLIAM ALEXANDER, HIS MAJESTY's " HERE-
" DITARY lieutenant of the country and DOMINION OF NOVA SCOTIA," AND CONVEYED BY
CHARTER IN THE THIRD YEAR OF HIS REIGN.

The extensive country, the subject of the grant above mentioned, being a part of the
continent of North America discovered by Cabot in 1497, is properly within the limits
of the possession that was then taken by him.

In the beginning of the sixteenth century the northern parts of it were visited by
some French mariners, who were fishing on the banks of Newfoundland ; and in 1523
the French King, Francis I. sent four ships, under the command of Verazani before
mentioned, to make discoveries in North America ; but having, after two unsuccessful
attempts, sailed on a third expedition, he was never heard of more. In 1534, Jaques
Cartier, a native of St Malo, sailing under a commission from the French Kin<T, landed
at various places on the coast of the Gulf of St Lawrence, and took possession of the
country in the name of his sovereign.

In the year following, Cartier made a second voyage, with a more formal commission,
and with a much larger force ; sailed up the River St Lawrence as far as the island of
Orleans ; experienced the most hospitable treatment from the natives ; and after winter-
ing at St Croix, returned to France. His failure in the discovery of the precious metals
brought him into some degree of disgrace ; and in 1540 he was sent out, only in the
capacity of pilot to JNI. de Roberval, who was appointed viceroy of Canada, — who made
various attempts to discover a north-west passage to the East Indies, — who frequently
returned to France for new recruits, and who was lost, with a numerous train of adven-
turers, in 1549, without any tidings ever being received of his fate. By this calamitous
event the government of France was so much discouraged, that for nearly fifty years
afterwards no measures were employed to support the few French settlers who still remain-
ed in America. At last King Henry IV. appointed the Marquis de la Roche lieutenant-
general of Canada; but that nobleman sailing from France in 1598, having injudiciously
attempted a settlement on the Isle de Sable, and cruized for some time on the coast of
Nova Scotia without any success, returned home in disgrace, and died of grief. Other
governors, however, were more successful in their expeditions, and by the increasing
attractions of the fur trade, were enabled to collect great numbers of settlers, and to fornt
a settlement in Canada, or New France, as it was then by that name designated.

\mA

Ifi

AN HISTORICAL VIEW

'ftriV

It very soon became as much a missionary station as a commercial settlement. A
very general zeal for the Clu'istian instruction of the Indians was excited through the
kingdom of France, and many individuals of rank and property devoted their lives and
their fortunes to the cause. The Jesuits, however, soon engrossed the sole direction of
this undertaking, and were greatly instrumental in obstructing the prospei'ity of the
colony, by their perpetual contentions with the governors, and by the pernicious effects
which their labours produced upon the character of the natives. Even when they were
successful in their ministrations, they may be said to have made allies to the I'Vench,
rather than converts to CInistianity. These lost in a great degree the useful qualities
of the savage, without acquiring the virtues of the Christian, — relaxed their wonted
courage and vigilance, — depended upon their new allies in many instances both for pro-
tection and for subsistence, and thus became a heavy burden, instead of proving a use-
ful barrier to the colony. The degraded appearance also, and enfeebled spirit of the
Indian tribes who thus submitted to the tuition of the Catholic colonists in Canada, com-
pared with the industrious pursuits, orderly conduct, improved habitations and increas-
ing comforts of those who were instructed by the Protestant missionaries on the borders
of New England, tended greatly to inspire the natives in general with a growing re-
spect and attachment to the English, whilst it confirmed their contempt and dislike of
the French. The English colonists naturally exerted their endeavours to encourage
this predilection, and many of the Indians became still more partial to their intercourse,
for this additional reason, that they found in these states a better price for their furs than
what the French merchants could afford.

The principle which the French adopted, of treating all those Indian tribes as ene.
mies who carried their commodities to the traders of New England, or who received
English missionaries among them, as well as religious dissensions amongst the colonists
themselves, greatly retarded the prosperity of the settlement ; but, in the year 1627,
the French minister, Cardinal Richelieu, who cordially hated the Protestants, put the
province of New France under the management of a chartered company, which he
endowed with great privileges, upon conditioii that they should exclude the Huguenots,
and establish Catholic priests in every district.

It was in that year that the King of England, Charles I, entered into a war with
France to support the Huguenots ; and, in the following year, being moved by a desire
for the " diffusion of the Christian religion," and in order that Sir William Alexander,
" and our other subjects who, alongst with him," had gone to make " a settlement in"
the country of Nova Scotia, " might be assisted for" that purpose, " and in tlie expect-
" ed discovery of a way or passage to those seas which wash America on the west, com-
" monly called the South Sea, from which the head or source of that great river, or Gulf
" of Canada, or some river flowing into it, is deemed to be not far distant, and because
" that, by the example already shewn by the said Sir William in the exploring and set-

OF CANADA. 17

" tling of the said country of Nova Scotia, terminating at the aforesaid Gulf and River
" Canada, he lias proposed establishments in those parts of the plantation which seem to
" be favourable to the propagation of the said religion, and as tending so much to the
** great honour and profit of our ancient kingdom of Scotland, whence it may come to
•' pass that the said colonies, to be planted by him and his successors, may, by this means,
" in process of time, discover the foresaid way or passage to the said seas, much hitherto
" for weighty reasons sought for, and so often by various persons undertaken : There-
♦* fore, and for exciting the more earnest resolutions of the said Sir William, his heirs,
•* assigns, joint undertakers and associates, to further progress in such and so great an
" enterprise," his Majesty granted a charter to Sir William Alexander, bearing date
2d February 1G28, and passed under the Great Seal of Scotland, of certain islands and
extensive tracts of land on both sides of the lliver Canada or St Lawrence, all to be
called the dominion or lordship of Canada, from the name of the great river aforesaid.

In these tracts was partly comprehended a portion of lands of which King James had
granted a patent to the Plymouth Company in 1G20. One part of their patent, as
before stated, was surrendered by that company, in lG21, to his jNIajcsty, by whom it
was re-granted to Sir William Alexander, on 10th September the same year : And a
grant of another part of the aforesaid patent was obtained by him from the Plymouth
Company on 22d April 1(535, which, by construction of law, the above-mentioned char-
ter of 'Sd February 1628 corroborated, and will be more particularly noticed hereafter.

The expedition of Sir David Kertk against the country of Canada took place in that
year 1G28 j and he, considering it as within the limits of the dominions of the King of
England, attacked Quebec with the English under his command, who made themselves
masters of the French settlements, and, particularly, of the fort of Quebec, built by
Champlain in 1G08, which however King Charles, by the treaty of St Germain, order-
ed to be given up to such as the French King should appoint to receive delivery of it.

Parliament solemnly ratified the grant to Sir William Alexander, " of the River and
" Gulf of Canada, bounds and priviledges thereof," 2Sth June 1633; and on his being
advanced by King Charles to the dignity of Ea'-l of Stirling, it was appointed in the
patent that he should take for the second title " Viscount of Canada," from this country.

The French, when they obtaiii'^d possession of the fort of Quebec, thought fit to
usurp p(»ssession also of the circumjacent country, and they contrived to maintain that
usurpation by force, until it was conquered by a British army under General Amherst,
and finally surrendered by the French general, the JNlarquis de Vaudrcuil, 8th Septem-
ber 1760. By the treaty of Paris consecjuent on that event, Article 4, the French
King ceded to his Britannic Majesty, in full right, Canada, with all its dependencies,
and with all rights which the Crown of France had till then over the same.

The country, as the conquerors found it, was not only in a very impoverished condi-
tion, and the inhabitants in many places requiring to be supplied with provisions from

iMf

',.1; 1 *.,

A\ HISTORICAL VIEW

the stores of the army, but was besides in a very unsettled state, which continued foi"
some years after the cession. The Indian tribes, in particular, either not considering
the French government as having been sufficiently authorised to transfer their allegiance
to tlie British Crown, or excited against their new masters by the Catholic missionaries
who resided among them, carried on for some time a desultory and destructive warfare,
and rendered all intercourse with the interior extremely hazardous ; but, in 17G4, a
formidable confederacy of the natives having been thwarted in their hostile designs, they
soon afterwards returned to their different districts, and gradually became reconciled to
the conquerors of the country.

During the first four years after its cession, Canada was divided into three military
governments, and the officers of the army acted in the double capacity of commanders
and judges. The laws of England were soon established in the country, but those in
respect to civil matters were not received with approbation by the old colonists. When
Canada was ceded, it contained above sixty-five thousand inhabitants, who were of the
church of Rome, and had always been governed by the customs of Paris. Accordingly
it was both just and prudent to indulge the inhabitants with the exercise of their
religion, and to make the laws of the country the rule of decision there in all matters of
controversy relative to property and civil rights ; but the constitution of Great Britain
would not permit the criminal laws of a despotic government, which were enforced with-
out the intervention of a jury, to continue in any of its plantations, and therefore the
statute 14<. Geo. III. chap. 83, was made, (restoring in the place of the English civil
laws the old coutume de Paris,) which, after establishing the boundaries of Quebec or
Canada, provides for the government of the province ; permits to the inhabitants the
exercise of the Romish religion, subject to the King's supremacy ; makes the laws of
Canada the rule of decision there in all matters of controversy relative to property and
civil rights, but establishes the criminal law of England in that province j whilst, at the
same time, (by sect. 3,) it saves all former rights therein.

Alexander, the present Earl of Stirling, made up his titles to the Lordship of Canada
by seisin, as heir of Sir William Alexander, upon 8th July 1831, taken at the castle of
Edinburgh, as appoiiited by the charter thereof.

.:!

OF CANADA.

ClIAl'TEIl V.

TEnniTOniES conveyed, and powers, &C. (UIANTED, UY ClIAnTER OF THE LORDSHII' OK

CANADA TO Silt WILLIAM ALEXANDER.

In the east parts of this cointry hiy the northern portion of Acadia. The grant from
King Charles to Sir William Alexander comprehends altogether,

Islands lying in the Gulf of St Laurence, and at the mouth of the river of that
name, including generally the island Anticosti :

Islands lying within the river St Lawrence, from its mouth to its source, or within
any rivers falling into the river St Lawrence, or in whatsoever lakes in which either the
river St Lawrence, or any of those other rivers terminate :

Fifty leagues of hounds on both sides of the river St Lawrence, from its mouth to its
source ; also on both sides of the said other rivers ; also on the sides of the said lakes :

Fifty leagues on both sides of the passage, from the source of the river St Lawrence
to the Gulf of California, by some called the Vermilion Sea :

Islands lying in the Gulf of California :

Lands and bounds adjacent to the Gulf of California on the west and south, com-
monly called and distinguished by the name of California :

Lands which at any time to come should be discovered by Sir William Alexander or
his successors, or others in their name, on both sides of the whole bounds and passage
aforesaid, and not hitherto in the occupation of others, the subjects of his Majesty, or
of any of his allies.

The place of taking seisin was directed to be the castle of Edinburgh, as was appoint-
ed in the case of Nova Scotia, or the ground of any part of the lands, bounds and
islands conveyed.

The particular charter under consideration contains the giant to Sir William Alex-
ander, and his successors, heritably, of the powers under written :

1. The power of planting colonies, and engaging in trade in the bounds conveyed,
or any part of them, and of expelling and debarring all Others from the same :

2. The power of making allocations, or sub-grants of proportions of the lands, to
whatsoever person or persons he should see fit, and upon the same terms as he could do
in Nova Scotia ; also with such and as great privileges, liberties and immunities in all
the bounds and islands conveyed, as he had power of in Nova Scotia, by his charters or

patents thereof:

Lastli/, There is a declaration, that the said charter should be in no wise prejudicial
or derogatory to whatsoever rights, charters or patents granted to him of or concerning
Nova Scotia, or to any head, clause, article or condition therein set forth.

c 2

if,
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.') '^

illi

AN HISTORICAL VIEW

CHAPTER VI.

,'' !t

»'M,

msTonv OF a taut of maine, in amehica, lying uEnvEEN the nivEus st croix and

KENEUECK, AND ISLANDS, I'.HANTEI) liYTIIK I'LVMOITH COMPANY, AT THE COMMAND OF KINU
CIIAULES THE FIUST OF ENGLAND AND SCOTLAND, TO W1LLI\M, EAIIL OF STIRLING, AND CON-
VEYED, UY LETTEUS-l'ATENT, IN THE 1 ItII YEAR OF HIS MAJESTY's REIGN.

On 3d November lG20, a patent for a part of the continent of America was granted
by King James to the Plymouth Company, every part of which, nortlt of the river St
Ci'oix, as before stated, was surrendered by that Company to the Crown, and of new
iirantcd to Sir William Alexander, in 1G21.

Another part of tlic patent of the Plymouth Company, south of the river St Croix, con-
sisted of a tract comprehended within the Lordsliip of Canada, which was granted by
King Ciiarlcs in favour of Sir William Alexander, on 2d February 1G28; but as, at
the time that the Crown made this grant to him, the tract in question remained the pro-
perty of the Plymouth Company, without having been surrendered back to the Crown,
King Charles, to apply a remedy for the feudal irregularity, commanded the Company to
make over that tract to Sir William Alexander, then Earl of Stirling ; which conveyance
would accresce to, and be corroborated by his Majesty's previous grant above-mentioned,
of the Lordship of Canada. Accordingly, the Plymouth Company, Corporation or
Council of New England, *' by and with the consent, direction, appointment and coni-
" mand" of King Charles, issued letters-patent to William, Earl of Stirling, his heirs
and assigns, dated 22d April 1035, for a tract of the Maine land of New England, be-
ginning at St Croix, and from thence extending along the sea-coast to Pemaquid and
the river Kencbcck ■■, to which was added the island of Long Island, with all the islands
thereto adjacent.

The tract of land and islands thus conveyed to the Earl were soon afterwards taken
possession of by him. He appointed his deputy for that ])urpose, 20th April 1G36, and
he himself and his heirs were at a very great expense in planting and settling the bounds
thereof. JNlr Savage, in his work on New England, mentions as follows : " This year
" (an. Kill,) mon. 'I, divers families in Linne and Ipswich having sent to view Long
" Island, and finding a very commodious place for plantations, but challenged by the
" Dutch, they treated with the Dutch governor (Kieft) to take it from them. Ho
" offered them very fair terms ; as, that they should have the very same liberties, both

* " Tlie spi:f(> bc'twcctt the St Croix and rema(iu'ul, lield by liim, (Sir William Alexander,) as oiiu of the
" Council of I'lvmoutli, under another grant, liy an agreement amonu; the grantees." — Ilalibitrlou's History of
Nova ilcotia, vol. i. p. 1-M.

OF LANDS IN MAINE, &t,

•« civil and ecclesiastical, which they enjoyed in the jMassachnsetts, only liberty for ap-
" peal to the Dutch, and, after ten years, to pay the tenth of their corn. The Court
" were ofTended at this, and sought to stay them ; not forgoing from us, but for strength-
•• ening the Dutch, our doubtful neighbours, and taking that from them which our
" King challenged and had granted a patent of, with Martha's Vineyard and other is-
" lands thereby, to the Earl of Smling. On this representation they were convinced,
" and desisted." — (Savar/e's Winthroj/s New England, vol. ii. p. 31.)

Mr Neal also mentions to much the same purpose : '• The inhabitants of Lyn being
•• straitned for room, went over into Long Island, and having agreed with the Lord
" Stirling's agent and with the Indian proprietors, they began a settlement at the west
" end of it ; but the Dutch giving them a great deal of disturbance, they deserted their
" plantation in those parts, and settled, to the number of 'an hundred families, at the
" east end of the island, where they built the town of South Hampton ; and by the ad.
" vice of the Government of the Massachusct-Bay, erected themselves into a civil go-
*' vernment." — (NeaVs Ncio Enrjland, p. 189.)

In the same year, 13th October, the deputy of the Earl made a grant, under the au-
thority of the letters-patent aforesaid, of the island of Nantucket and two small islands
adjacent, which bears special reference to his commission from the Earl.

On 12th ]March lGGl<, James, Duke of York, obtained from his brother. King Charles
II. a patent for the province of New York, granting to him, " his heircs and assigns,
" all that part of the Maine land of New England, bcf/inning atta certain place, called
" or knoicne by the name of St Croix, next adjoining to New J:>cotland, in America,
** and from thence extending along the sea-coast unto a certain place called Petnaqnine
" or Pcmaquid, and so up the river thereof to the furthest head of the same as it tcnd-
** eth northwards, and extending from thence to the river of Kenchcqne, and so up-
" wards by the shortest course to the river Canada northwards ; and also, all that
" island or islands commonly called by the scverall name or names of jMeitowacks or Long
" Island, situate, lying and l)cing towards the west of C;i[)e Codd and the Nar;hagh-
•' gansetts, abutting upon the Maine land, between the two rivers called or knowne by
♦' the severall names of Conecticott and Hudson's river, together also with the said
" river called Hudson's, and all the land from the west side of Conecticott to the east side
" of Delaware Bay ; and also, all those scverall islands called or knowne by the name of
" Martin's (Martha's) Vineyards, and Nantukcs, otherwise Nantuckett."

The tract of land lying between St Croix and the river Kencbcck, it has been seen,
was conveyed by the Plymouth Company to AVilliani, Eurl of Stirling ; and from its be-
in"- included in the patent from the King to the Duke of York, it might be inferred,
that the successors of the Earl had bargai:icd to dispose of their right or title to his
Royal Highness. It is not true, however, that the then Ivu'l of Stirling, or his father,
Henry, the third Earl, did so, or that they ever divested themselves of the same ; but

•>')

Ai\ HISTORICAL VIEW

■'■* . M/

the inclusion of that tract in tlic patent to the Duke of York is to be attributed alto,
trether to tlic circumstances now to be related.

The Duke having; a design to establish the province of New York, which before had
tlic name of Nova lithjia^ and hearing much of the goodness of the soil of the conti-
guous island of Long Island, he applied to Henry, the fourth Earl of Stirling, for the
purchasing of his right to that island.

From the time of the civil wars in England, subsequent to the death of Henry, the
third Earl of Stirling, which took place in iGl'i, the American possessions of his family
were almost totally neglected. The above-mentioned Henry, his son, the fourth Earl,
having, in consequence, very little benefit arising from them, while a great expenditure
was necessary for their protection, consented, for a valuable consideration, to a surrender
of Lonff Island in favour of tlie Duke of York, who would be better enabled to secure
and advance its prosperity ; und, at the same time, the Earl should receive a more certain
and beneficial income, in return for the surrender, than at that juncture was derivable
by him from having the island in his own possession. The stipulated consideration is
said to have been L.-JOO sterling per minum, of which, it is further said, no part was
ever paid.

The conditions of surrender being agreed to, the Duke or his agents received the
Earl's title-deeds, so as the boundaries of Long Island might be properly described in
the Duke's patent ; but as, in the same instrument by which that island was made over
by the Plymouth Company to William Earl of Stirling, the aforesaid tract of land, lying
between St Croix and the river Kencbeck, was likewise conveyed to him, not only the
description of the boundaries of Long Island was taken into the patent to the Duke,
but, by mistake, or otherwise, the description of the tract in question was also inserted.
The patent to his lloyal Highness contains a declaration, which certainly is of an
unusual tenor, and might warrant the suspicion that a fraudulent purpose of some sort
was contemplated : " And lastly, our will and pleasure is, and wee doe hereby declare
" and graunt, tliat these our Ictters-pattents, or the inrollment thereof, shall be good
" and cfFectuall in the law to all intents and purposes whatsoever, notwithstanding the
" not reciting or mentioning of tlie premisses, or any part thereof, or the meeths and
" bounds thereof, or of any former or other Ictters-pattents or graunts heretofore made
" or grauntcd of the premisses, or of any part thereof, by us or any of our progenitors,
•' unto any other person or persons whatsoever, bodyes politique or corporate." Still
the Duke never allowed his deputies or agents to enter upon possession of the said
tract, and it has remained ever since, to a great extent, unoccupied, both by the Crown
of Great Britain, and, as it is understood, by the United States, under whose govern-
ment it was appointed to be fixed by the provisional articles of peace which served as
the basis of the second treaty of Paris, 3d September 1783.

During the possession of Long Island by the Earls of Stirling, they continued to

OF LANDS IN iMAINK, &c,

good

grant patents for land to settlers. " In June l()3d, Forrest, (Farrctt,) tlie agent of
•• Earl Stirling, transferred a considerable part of the eastern extremity of Long Island
'• to Hovvcl and his associates, (inhabitants of Conccticut,) with such powers of govcrn-
•• ment as had been communicated to that nobleman by the Plymouth Company. New
" York Papers. Plantation Office, Whitehall, vol. i. p. 1." ( C/ifilmcrs' Pulilical An-
nals, p. 571.) Gardiner's Island, to the north of Long Island, and the lands belong-
ing to the inhabitants of South Hampton, were purchased of the natives, and the pro-
prietors severally had their purchases confirmed by the deputy of the Earl of Stirling.
In IGG5, Colonel Nicolls, deputy-governor under the Duke of York, recjuired that
new patents should be taken out by the proprietors to hold the lands of his Royal
Highness, and a patent for Gardiner's Island was taken out from tiic governor. But
the inhabitants of South Hampton remonstrated against what had been recpiired of
them, and represented to the new governor, Francis Lovelace, tliat they had •' already
" the patent right" for their lands '• lawfully obtained and derived from the Honourable
" Earl of Stirling," which they conceived superseded the necessity of their taking out
any further patent. Nevertheless they were refused any redress ; and on 8th October
IG70, the Court of Assize, an arbitrary tribunal, composed of the governor and his
council, attended by more or fewer magistrates, declared the titles to lands in that town
invalid, unless the patent required was obtained within a limited period.

In the time of the aforesaid Henry, the fourth Earl of Stirling, the country of
Maine was greatly harassed and overrun by the Indians and the French, insomuch
that the colonists were obliged to apply to the Massachusetts- Bay government for assis-
tance. An historian of America, Mr Sullivan, obseives, " All the eastern country was
" abandoned. The people could obtain no assistance from the Massachusetts-Bay
" colony, because the jurisdiction of that government over them was denied by those
•• who contended to hold it under the Duke of York, and part of the country which was
" east of Penobscot was said to be under the jurisdiction of the Earl of Stirling."
( History of Maine, p. I72.)

For want of protection, therefore, the territory fell into the hands of the French, who,
whilst they held Nova Scotia, included it in their governors' commissions.

On 7th October Itjyi, King William and Queen Mary granted the charter before
mentioned to the inhabitants of Massachusetts-Bay *, whereby their Majesties gave to
the legislature of that province the jurisdiction of the country embraced within the
limits of the tract or territory above described, but with a saving clause as to all former
grants or conveyances ; and with an express proviso, that no grants of the lands, nay " oi
" any lands lying or extending from the river of Sagadahock to the Gulf of St Lawrence

* Vide supra, page 7.

lit

I'r

•it

AN HISTORICAL VIKW

•« and Canada river, and to the main sea, northward and eastward," should be of any
force, validity or effect, until the royal approbation of the same should have been signified.
This territory was finally reconquered, with Nova Scotia, from the French, in 17 10 ;
and upon the rcconquest, and its definitive cession to Great Britain by the treaty of
Utrecht, it remained under the government of the province of Massachusetts- Bay j and
the property of the soil remains the right of the heir of the patentee, which Alexander,
the present Earl of Stirling, was proved to be, by the verdict of a Jury at Edinburgh,
II th October 1830, on an inquest made for that purpose.

OF LANDS IN MAINE, &c.

CHAPTER VII.

TEnillTOIlY AND ISLANDS, CONVEYED HV I,KTTE1IS-1'ATENT, OI' A I'AUT OF MAINE AND OTHEKS,

TO WILLIAM, EAIIL OF STIIILINO.

That part of the Maine land of New England, beginning at a certain place called
or known by the name of St Croix, next adjoining to Nova Scotia in America, and from
thence extending along the sea-coast to a certain place called Petnaquine or Pemaquid,
and so up the river thereof to the furthest head of the same as it tends northwards, and
extending from thence, at the nearest, to the River Kcncbekike or Kencbeck, and so
upwards by the shortest course which tends to the River Canada or St Lawrence north-
wards.

The island or islands commonly called by the several name or names of Meitowacks
or Long Island, with all and every the islands thereunto adjacent, lying or being situate,
or bounded, between forty and forty-one degrees of north latitude, or thereabouts.

Long Island, some time called by the Dutch Nassau Island, and afterwards, whilst
in the possession of the Stirling family, the Island of Stirling*, is 140 miles long, and
from 1 to 15 broad. It is separated by Long Island Sound from the State of Conecti-
cut, and by the East River from Mahanatoes or Manhattan, or York, Island, on which
stands New York, that formerly bore the name of New Amsterdam.

Gardiner's Island, to which the Indians gave the name of Manchonack, lies to the
north of Long Island.

Great Bay, on the east side of Long Island, contains Shelter and Robin Islands.

Martha's Vineyard is an island lying nearer to the shore of the State of jNIassachusetts.
It is sixteen miles long and eight broad.

The island of Nantucket, also near to the shore of Massachusetts, is fifteen miles long
and four broad.

Elizabeth Islands are formed by a row of islands about eighteen miles long.

* Tlie largo bay, too, which, and the liver Resligouche, on the north of New Brunswick, divide timt pro-
vince and Gaspe district, now commonly called the Bay de Chaleur, is distinguished in the maps of 1763, and
prior thereto, by the name of Stirling Bay.

A V V K N I) I X.

No. 1.

Letli'rJ'roin Kiii^ Chailvs I. to the Pririf dmnvil of IScof/diii/, iiiwiil Iinii>iu-fi.s.

Charles II.
Right trustie and right wcl-beloiiod counsel lour, right trusticand right wcl-beloucd
cosens and counscllouris, and trustie and wel-l)cIoued counsellouris, \vk oui:i;Tf; you
WELL. Undekstanding that our late dcarc father, after due delibcratioun, for fur-
thering the plantatioun of New Scothnid, and for sindrie other good considcratiounes,
did determine the treattiug of Knight Baronetis thair ; and that a prochunatioun
wes maid at the mercat croce of Edinburgh, to gif notice of this his royall intentioun,
that those of the best sort knowing the same might haif tynie to begin first, and be
preferred unto otheris, or tlian want the said honnour in their awne default: An»
UNUKKSTANUING iikcwaycs, that the tyme appointit by the Counsell for that purpois is
expyred, We being willing to accomplishe that whiciie wes begun by our said deare
father, haif preferred some to be Knight Baronetis, and haif grantit untothame signa-
touris of the said honnour, togither with thrie myiis in breadtli and six in lenth of
landis within New Scotland, for their severall proportiouncs : And now that the saidis
plantatiouncs intcndit thair, tending so much to the honnour and benefite of that our
kingdome, may be advanced with diligence, and that preparatiouncs be maid in due
tyme for setting furthc a colonic at the next spring, to the end that those who are to
be Baronetis, and to help thairunto, may not be hinderit by comeing unto us for pro-
cureing their grantis of the saidis landis and dignitic, bot may haif thame thair with
lesse trouble to themselfhs and unto us. We haif sent a commissioun unto you for ac-
cepting surrenderis of landis, and for conferring the dignitie of Baronet upon sucho
as salbe fund of qualitie fitt for the samine, till the nomber appoynted within the said
commissioun be perfited : And therefore our pleasure is, That you cxpede the
commissioun through the scalis with all diligence, and that you, and otheris of our
Privic Counsell thair, give all the lawfull assistance th^t you can convenientlie aftbord
for accomplisheing the said worke, whereby colonies sould be sett f urthe ; and certifie
from us, that as we will respect thame the more who imbracc the said dignitic and
further the said plantatioun, so if ony Knight who is not Baronet presoome to tak
place of one who is Baronet, or if ony who is not Knight stryve to tak place of one
who hes the honnour from us to be a Knight, inverting the order usuall in all
civill pairtis, we will that you censure the pairty transgressing in that kynd, as a
manifest contempnar of our authoritie, geving occasioun to disturb the publict peace.
So recommending this earnestlie to your care. We bid you farewell. IViiuhore, the
mh ofJiihj 1G25.

(Public Raronis of Scotland, Edinburgh.)

II J

APPENDIX.

No. II.

,h. f

Litera pro crcandis Baroncttis. See p. 6.

Carolus Dei gratia Magne Britannie Francie ct liibernie Rex Fideique Defensor
Omnibus pvobis hominibus suis ad quos presentes litcrc pervenerint Salutem Sciatis
Quia nos ex nostra regali et sincera affectione quani erga decus et reputationem anti-
qui et nativi regni nostri Scotie gerimus ut plantationes et colonic per subditos nostros
dicti regni in ilia rcgione et loco in America vulgo nuncupat per nomen Nove Scotie
constituantur hactenus opera et labore predilecti nostri consiliarii Domini Willielmi
Alexander de Menstrie Militis nostri Secretarii ac infra diet regionem nostri Locum-
tenentis detect et perlustrat ubi prius nomen Scotie neque notum neque auditum fuit
nos pro nieliori adjumento ct incremento nostre regalis resolutionis (que resolutio pro-
pagationem Christiane religionis verumque Dei cultuni vice cccitatis et bavbarismi pro-
portat quibus dicta loca pcrprius misere ct totaliter infecta fuerunt) jam ereximus
quendani hereditarium gradum statum dignitatem nomen ordinem et stilum Baronetti
infra diet regnum Scotie ct regionem Nove Scotie remansurum pro perpetuo quemqui-
dem gradum nos in hujusmodi nostros subditos dicti regni nostri Scotie jamjain collo-
cavimus ac postea collocabimus qui suis propriis sumptibus dictam plantationem assis-
tent Ac etiam consideran quod quidem generosi sufficien redituum qualitatis et status
infra diet regnum nostrum Scotie e generoso et laudabili suorum dispositione et emu-
latione in hoc puncto dignas molitiones ullorum nostrorum subditorum sequendo con-
currere cumque iis in dicta plantationc semetipsos conjungcrc vehementer desiderabunt
nos etiam volen recipere et admittere eosd in diet ordinem et statum Baronetti tan-
quam argumentum nostre gratiose acceptationis eorum intentionum et resolutionum
secundum conditiones prefatc plantationis inchoate semper et donee plenus et consti-
tutus numerus centum et quinquaginta Baronettorum impleatur nee non consideran
quod tediosum et sumptuosum foret pro eo negotio ad aulam nostram iter facere ac
similiter quod nobis omni tempore ob alia gravia et magna negotia diet resignationes
expedire non vacabit Idcirco nos pro adjumento et relevamine nostrorum subditorum a
molestia quam eorum ad aulam nostram profectio minime necessaria pro diet negotio-
rum expeditione afferre poPi.it nobis visum est quondam numerum nostri Secreti Con-
silii dicti regni nostri Scotie constituere ad quern onines nostri subditi volen conjun-
gero semetipsos dicte plantationi dummodo sint honesto loco nati sufficien reditibus
instructi venire et recipere possunt eand dignitatem et creationem eorumque literas
patentes ob effectum predict semper et donee diet certus numerus constitutus diet cen-
tum et quii^quaginta Baronettorum impleatur et ad hunc effectum nominavimus desig-
navimus fecimus et constituimus tenoreque presentium nominamus designaraus facimus

APPENDIX.

No. II.

Commission hif his Majesfi/ to certain of the Privij Council of Scotland.

Chaules, by the Grace of God, King of Great Britain, France and Ireland, and
Defender of the Faith, To all his good men to wliom the present letters shall come,
Greeting. Know ye, whereas we, of our royal and sincere affection which we bear to
the honour and reputation of our ancient and native kingdom of Scotland, that there
may be established some plantations and colonies by our subjects of the said kingdom
in that country and place in America commonly called by the name of Nova Scotia,
already discovered and surveyed by the pains and travel of our well-beloved counsellor,
Sir William Alexander of Menstrie, Knight, our Secretary, and our Lieutenant in the
said country, where before the name of Scotland was neither known nor heard, we, for
the better help and advancement of our royal resolution, (which resolution proports
the propagation of the Christian religion, and the true worsliip of God, instead of
blindness and barbarism with which the said places were miserably and altogether
before infected,) have already erected a certain hereditary degree, state, dignity, name,
order and style of Baronet, for ever to remain within the said kingdom of Scotland,
and country of Nova Scotia, which degree we have already bestowed, and are
hereafter to bestow upon such of our subjects of our said kingdom of Scotland who
will assist the said plantation upon their own charges : As also, considering that
sundry gentlemen of sufficient revenues, quality and estate, vvitliin our said kingdom
of Scotland, out of their generous and laudable disposition and emulation to follow in
this point the worthy enterprises of others our subjects, will earnestly desire to concur,
and to join themselves with them in the said plantation, we also being willing to receive
and admit them into the said order and state of Baronet, as an argument of our favour-
able acceptance of their intentions and resolutions, conform to the conditions of the
said plantation begun, ay and until the full and appointed number of one hundred and
fifty Baronets be completed ; and also, considering that it would be tedious and
expensive for that matter to repair to our Court, as likewise that we will not always
be at leisure for expeding of resignations foresaid, for other great and weighty business :
Therefore we, for the help and relief of our subjects from the trouble which their
unnecessary coming to our Court might bring to them for expeding of such busi-
ness, have thought good to appoint a certain number of our Privy Council of our said
kingdom of Scotland, to whom all our subjects who are willing to join themselves to
the said plantation, so that they be well born, and of sufficient means, may come and
receive the said dignity and creation, and their letters-patent for the effect foresaid, ay
and until the said certain appointed number of the said one hundred and fifty Baronets
be completed ; and to this effect we have nominated, designed, made and appointed,
and by these presents nominate, design, make and appoint the most reverend father iu

»li

f-'

:io

APPENDIX.

! « 't

II !il

et constituimus rcvcrendisslnium in Christo patrcm Johannem Sancti Andrcc Archie-
])iscopum prcdilcctum nostrum consiliarium Doniinum Georgium Hay tie Kinfaunis
JNIilitem dicti rc<i;ni nostri Scotie Cancellarium predilectos nostros consiliarios Johan-
nem Comitem Marre dicti regni Thesaurarium Willielmum Comitera de Mortoun
llobcrtum Comitem de Nithisdaill Georgium Comitem de Wintoun Robertum Comi-
tem dc Roxburgh Joliannem Comitem do Annandaill Willielmum Vicecomitom de
Air reverendum in Christo patrem Patricium Episcopum Rossen predilectos nostros
consiliarios Dominos Archibaldum Naper de Merchinstoun Militem Thesaurarium-de-
putatum Georgium Elphingstoun de Blythisvvod nostre Justiciarie Clericum Alexan-
drum Strauchane de Thorntoun Militem Baronettum et Johannem Scott de Scottis-
tarvet nostre Cancellarie Directorem Miletes omnes de Scaccario nostro existen vel
quoscunque eorum sex nostros Commissionarios ad eff'ectum subscript dan conceden et
committen prefatis nostris Commissionariis nostram plenam potestatem et commissio-
nem conveniendi hujusmodi tomporibus diebus et locis prout iis visum fucrit et ibidem
audiendi petitiones diet nostrorum subditorum qui diet plantationem intendent et eand
amplecti volent ac conf'erendi agendi et desuper concludendi cum iisdem ad recipiend
resignationes omnium terrarum jacen infra diet regionem Nove Scotie quas in eorum
manibus tanquam in manibus nostrorum Commissionariorura per prefat Dominum
Willielmum Alexander suosve legitimos procuratores suo nomine in favorem alicujus
persone vel aliquarum personarum resignari contigerit et dandi et concedendi nova
hereditaria infeofamenta sub nostro magno sigillo dicti regni nostri Scotie iis quibus
dicte resignationes diet terrarum et diet gradus status ordinis dignitatis nominis tituli
et stili conccsse sunt cum hujusmodi privilcgiis prerogativis immunitatibus libertatibus
aliisque quibuscunque concess et concedend per nos in cartis jam expeditis Baronettis
dicti regni gaudere et possidere hereditarie tanquam spcciale signum nostri regalis in
eos favoris super quibus diet gradus et dignitas Baronetti per diet Commissionarios
conceditur et qui habebunt iis infeofamenta concess ut dictum est hujusmodi locis
et precedentiis secundum tempus datanique eorum literarum paten et infeofamen-
torum iis concedend et non aliter fruentur et gaudebunt Proviso omnimodo sicuti
nos volumus et ordinamus quod dicti nostri Commissionarii nullas literas paten seu
infeofamenta quarumcunque terrarum infra diet regionem Nove Scotie concedent
nisi super resignatione diet Domini Willielmi Alexander suorumque heredum et
assignatorum eorumve legitimorum procuratorum eorum nominibus potestatem ha-
ben nequc diet gradum dignitatem statum nomen titulum et stilum Baronetti cui-
cunque persone vel quibuscunque personis dabunt concedent vel impendent literas-
que paten seu infeofamenta concedent nisi iis qui per diet Dominum Willielmum Alex-
ander suosque lieredes et assignatos eorumve legitimos procuratores et commissionarios
per eos ad hunc effectum constituendos et eorum potestatem haben nominabuntur et
qui coram diet Commissionariis testimonium diet Domini Willielmi Alexander sue-
rumve procuratorum et commissionariorum eorum potcptatem (ut dictum est) haben
subscript habebunt et producent declaran et ostenden eos conditiones dicte planta-
tiones diet Domino Willielmo Alexander suisque predict implevisse pro eorum propriis
partibus pro incremento plantationis dicte regionis Nove Scotie Et si placuerit diet

APPENDIX.

Christ, John, Archbishop of St Andrews, our well-beloved counsellor, Sir George Hay
of Kinfaunis, Knight, Chancellor of our said kingdom of Scotland, our well-beloved
counsellors, John, Earl of Mar, Treasurer of the said kingdom, William, Earl of
Mortoun, Robert, Earl of Nithisdaill, George, Earl of Wintoun, Robert, Earl of
Roxburgh, John, Earl of Annandaill, William, Viscount of Ayr, the reverend flvther
in Christ, Patrick, Bishop of Ross, our well-beloved counsellors, Sir Archibald
Naper of Merchinstoun, Knight, Treasurer-depute, Sir George Elphingstoun of
Blythiswod, Knight, our Justice-Clerk, Sir Alexander Strauchane of Thorntoun,
Knight Baronet, and Sir John Scott of Scottistarvet, Knight, Director of our Chan-
cery, all being of our Exchequer, or any six of them, our Commissioners, to the effect
under written, giving, granting and committing to our said Commissioners our full
power and commission to meet at such times, days and places as they shall think expe-
dient, and there to hear the petitions of our said subjects who intend the said planta-
tion, and are willing to embrace the same, and to confer, make, and thereupon con-
clude with them to receive resignations of all lands lying within the said country of
Nova Scotia which shall happen to be resigned in their hands, as in the hands of our
Commissioners, by the said Sir William Alexander, or his lawful procurators in his
name, in favour of any person or persons, and to give and grant new heritable infeftments
under our great seal of our said kingdom of Scotland, to those to whom the said resig-
nations are granted of the said lands, and of the said degree, state, order, dignity, name,
title and style, with such like privileges, prerogatives, immunities, liberties and others
whatsoever, which are granted and to be granted, in the charters already passed, to the
Baronets of the said kingdom made by us, to be enjoyed and possessed hereditarily, as a
special token of our royal ftivour, and that those to whom the said degree and dignity of
Baronet is given by the said Commissioners, and shall have the infeftments granted to
them, as said is, shall enjoy and keep such places and precedencies, conform to the time
and date of their letters-patent, and infeftments to be granted to them, and no otherwise :
Providing always, likeas we will and ordain, that our said Commissioners shall grant no
letters-patent, or infeftments of any lands within the said country of Nova Scotia, ex-
cept upon resignation of the said Si" William Alexander, and his heirs and assigns,
or of their lawful procurators in their names, having their power, neither shall they
give, grant or bestow the said degree, state, name, title and style of Baronet to any per-
son or persons whatsoever, or shall grant the letters-patent, or infeftments, except to
those who shall be nominated by the said Sir William Alexander, and his heirs and
assigns, or their lawful procurators and commissioners, to be established by them to
this effect, and having their power, and who shall have and produce before the said
Commissioners a testimonial subscribed of the said Sir William Alexander, or his heirs
and assigns, or of their lawful procurators and commissioners, having their power, (as
said is,) declaring and shewing that they have fulfilled the conditions of the said plan-
tation to the said Sir William Alexander, and his aforesaid, for their own parts, for
the advancement of the plantation of the said country of Nova Scotia : And if it please

^: I

APPENDIX.

'■'i .' i

11;

III ;

I' V

\\ y

Domino Williclmo Alexander suis heredibus et assignatis vel eorum legitimis procura-
toribus eorum potestatem (ut dictum est) haben pro meliori incremento dicte planta-
tionis resignare ct extradonare aliquas terras infra diet regionem Nove Scotie in nostris
nostrorunive successorum manibus in favorem alicujus persone sen aliquarum persona-
rum pro novo earum infeofamento iis concedend vel de dicto titulo Baronetti in hoc
casu danius et concedimus prefat Commissiouariis potestatem diet resignationes reci[)i-
endi et desuper nova hereditaria infeofamenta de novo de eisd terris sic resignat conce-
dendi in et ad favorem diet personarum in quarum personarum favorem coucipiuntur
et conceduntur per diet Dominum Willielmum Alexander suosque predict Tenend
de nobis et successoribus nostris cum simili modo tentionis ac cum luijusmodi privilegiis
libertatibus et tommoditatibus quibuscunque sicuti in literis paten diet Baronettorum
hactcnus per nos concess continetur except solummodo grudu dignitate statu nomine
ordine titulo et stilo Baronetti Insuper volumus concedimus et ordinamus quod da-
bunt et concedent omncs hujusmodi literas paten et infeofamenta per diet Commissio-
iiarios modo predicto concedend vel de terris et titulo conjunctim vel de terris tantum
vel de dicto titulo Baronetti libere et absque aliqua pecuniali compositione nobis pro
Thesaurario sen Thesaurario-deputato diet regni nostri Scotie per eos eorumve aliqueni
CO circa solvend Preterea nos consideran quod necesFaiiuni et expediens est pro de-
core et dignitate dicte regiouis Nove Scotie quod eadem propria et particularia insig-
nia per nos constituend et concedend haberet omnique tempore futuro nostra speciali
gratia certa scientia proprio motu menteque deliberata declaravimus concessimus con-
stituimus et ordinavimus tenoreque preseutium declaramus concedimus constituimus
et ordinamus hec insignia sequen insignia fore Nove Scotie viz Argentum lie Argent
autiqua insignia diet antiqui regni nostri Scotie in cruce cerulea vulgo nuncupat Saltiere
azure supportat per unicornem in latere dextro ct sylvestrem in sinistro ac pro crista
ramum laureum et carduum e manu armata et nuda conjuncta proceden cum hoc elogio
MuNir H.TX ET ALTERA viNCiT ad candcm regionem et dominium Nove Scotie tan-
quam illius propria insignia pertinere et spectare Insuper nos dedimus et concessimus
tenoreque preseutium damns et concedimus nostram plenam potestatem et commis-
sionem prefat Commissiouariis alterandi et renovandi sigillum dicte regionis Nove
Scotie jamdudum prefato Domino Willielmo Alexander nostro in dicta regione et do-
minio Locumtenenti dat et concess ac vel insculpi causandi in unolatere dicti sigilli
dicte regionis Novo Scotie tantum vel aliquam aliam formam et impressionem super
idem sicuti prefat Domino Willielmo Alexander suisque predict expediens videbitur
dictumque sigillum sic renovatum et mutatum hujusmodi forma et modo prout dicti
Commissionarii nostri cum avisamento diet Domini Willielmi Alexander suorumque
predict volunt et constituunt quod idem per nostros Commissionarios diet Domino
Willielmo Alexander suiscjue predict dabitur et concedetur per ipsum suosque heredes
et assignatos sen deputatos nostros nostrorumque successorum in eadem regione Nove
Scotie Locumtenentes fruend ct possidend ad effectum mentionat et content in eorum
infeofamento diet terrarum bondarum et regionis Nove Scotie iis concess Firmum et
stabile haben et habitur totum et quicquid diet nostri Commissionarii in premissis aut
eo circa rite facicnd duxcrint et liac present! nostra commissionc absque revocatione

APPENDIX.

:v,i

the said Sir William AloxtindcM-, liis Iioirs and assigns, or tlieir lau fid jji-ocurators,
liaviiig- their power (as said is) for the hotter advanceinent of the said plantation, to
resi^ni and npgive any lands within the said conntry of Nova Scotia, in the hands ol'
us or our successors, in favour of any person or persons, for their new infeftnient
thereof to bo t^rantt'd to them, or of the said title of Baronet, in that case we g-ive
and f,''rant to the said Commissioners power to receive the said resignations, and
thereupon to grant new heritable iufeftments again of the said lands so resigned, to
and in favour of the said persons in whose favour they are conceived and granted
hy the said Sir AV^illiani Alexander and his foresaids ; To be holden of us and our
successors, with the like niiinner of holding, and with the like i)rivileges, liberties,
and commodities whatsoever as are contained in the letters jjatent of the said
Baronets already granted by us, except oidy the degree, dignity, state, name, ord(!r,
title, and style of B:ironet. Moreover, we will, grant, and ordain, that they shall
pass and grant all such letters patent and in'eftments which shall be; granted by tlu'
said Commissioners, after the manner above written, either of the lands and title
conjunctly, or of the lands only, or of the said title of Baronet, freely, and without
any ])ecuniary composition to be paid therefor to our treasurer, or treasurer depute,
of our said kingdom of Scotland, I)y them or any o! them. Further, we, considering
that it is necessary and expedient, for the honour and dignity of the said country ol'
Nova Scotia, that it should have j)roper and particular arms, to b(> aj)pi)ii)ted and
granted by us in all time hereafter, out of our special grace, certain knowledge,
proper motive, and deliberate mind, have declared, granted, appointed, and ordained,
and by these presents declare, grant, apj)oint, and ordain these insignia to be the
arms of Nova Scotia, as follows, uamely : Argent, the ancient arms oi our said
ancient kingdom of Scotland, on a blue cross, commonly called a saltier azure, to be
supi)orted by the unicorn on the right side, and a savage man on the left, and for
the crest a laurel branch, and a thistle proceeding out of an armed hand and a naked
conjoined, with this motto, :\iumt ikkc kt Ai/rcuA vixcrr, to pertain and belong-
to the said country and dominion of Nova Scotia, as the proper arms thereof.
Moreover, we have given and granted, and, by these presents, give aiul grant, our
full power and commission to the said Commissioners to alter and renew the seal of
the said country of Nova Scotia, already given and granted to the aforesaid Sir
William Alexander, our lieutenant in the said country and dominion ; and either to
cause be engraven in the one side of the said seal (the said arms) of the said country
of Nova Scotia only, or any other form and impression thereupon as shall seem
expedient to the '^•.id Sir William Alexander and his foresaids, and that the said
seal, so renewed and altered in such form and manner as our said Commissioners,
with advice of the said Sir William Alexander and his foresaids, will and a|)point,
shall be given and granted by our Commissioners to the said Sir W^illiam Alexander
and his foresaids, to be enjoyed and ])ossessed by him and his heirs, and assigns or
deputies, being our and our successors' lieutenants in the said country of Nova
Scotia, to the etl'ect mentioned and contained in their infeftnient of the said lands,
bounds, and country of Nova Scotia granted to them : Firm and stable holding, a)id

To hold, all and whatsoever our said Commissioners righteously lead to be done ii

tli

J
Nil

(C.T

APPENDIX.

i |;

}'■'.

1 1:

1 1

seiuper et donee conipletus Humerus diet. Jiaronettoruni impleatur duratura. In
cujus rei testimonium presentibus magnum sigillum nostrum apponi precepimus
apud Hdlijrnd /tons, vigesimo quinto die mensis .Julis, anno Domini millesimo
sixc'cntesinio vigesimo sexto, et anno regni nostri secundo.

J'er signaturam signo. S D. N. Regnis supra signatam ae manibus (inorund
Dominorum Secreti Consilii Commissionariorum subseriptam.

{Public Records q/' Scotknid, Edinburgh.)

! H

APPENDIX.

i)j

tlio premises or tliereanent; and this our ))rcsent Commission to endure without
revocation, ay, and until the eoniplete number of the said Baronets he fuitillec!.
In witness whereof we have directed our (ireat Seal to he affixed to these
presents at Ilolyrood House, the twejity-fifth day of July, in the year of our
Lord, one thousand six hundred and twenty-six, and of our reign the second year.

Hy signature above marked with the sign of our Sovereign liord the King,
and subscribed with the hands of certain of the Lords Connnissioners of
the I'rivy Council.

Xo. III.

'> ■ ■

. ft

Warrant to the Baronets to wear a. Cognizance or Badge.

Chaulf.s R. UicriT trustie and right well-beloued cousin and counsellour.
right trustie and well-beloued cousins and counscllouris, and right trustir
and Avell-bcloued counscllouris, AVe ciueivpe you well. \^'IIEl{EAs. upon
good consideration, and for the better advancement of the plantatioun of
New ScotlanJ, Avhich may much import the good of our service, and tlie
honour and bcnefi^^e of that our auncient kingdoine, our royall father did
intend, and wee have since erected the order and title of IJarronet in our said
auncient kingdome, which wee have since established, and conferred the same
upon diverse gentlemen of good qualitie ; A'su seeing our trustie and well-
beloued counsellour, Sir William Alexander, Knight, our Principall Sccretarie ot
that our auncient kingdome of Scotland, and our Lieutenant of New Scotland,
who these many years by past hath been at greate charges for the discoveries
thereof, hath now^ in end settled a colonic there, where his sone Sir William is
now resident : And wee l)eing most willing to afford all possible meanes of
encouraiiement that convenicntlie Avee can to the Earronets of that our auncient
kingdome, i'or the furtherance of so good a worke, and to the ettect they may be
honoured, and have })lace in all respects according to their patents from ws, wee
have been pleased to authorize and allow, as by these presents for ws and om-
successouris, wee authorize and allow the said Lieutenant and Barronets, and
eucrie one of them, and their hcires-male, to weare and carie about their ncckis in
all time cuming, ane orange tannic silke ribban, whereon shall being pendant in a
scutcheon argent a saltoire azur thereon, ane inscntcheon of the armes of Scotland,
with ane imperiall crowne aboue the scutcheon, and encercled with tliis motto.
Fax jNIentis Honest^e Gloiua ; which cognoissance our said present Lieuten-
ant 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
respect due unto them, Ouii I'leasuue tiieuefoue is, that by open proclainatioun
at the marcat croces of Edinburgh, and all other head brughs of our kingdome,
and such other places as you shall thinke necessar, you cause intimate our royall
pleasure and intentioun herein to all our subjects : -^Vnd if any persoun, out of

;

^ti'A

APPENDIX.

li^M

ti,

i'f

:'^'

1-1 1

iio<>lcc't or coiitcnij)t. sliull prcsmiu" to tak plaiv or precedence of tlie said Barronets,
their Avyti'es or diildren, which is due unto thcni by their patents, or to weare
thi'ir cot^iioissanee. \\"kk wii,i., that upon notice thereof given to you, you cause
])unishe such offenderis, by fyning and imprisoning them as you shall thinke
litting. that otheris may be terrified from attempting the like : And wee ordaine.
that from time to time, as occasioun of granting and renewing their patents or
their heires succeiding to the said dignity shall offer, that the said power to them
to caric 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 Coansell and Kxche(juer. and that you cause registrat the same
in the books of the Lyon King at ^Vrmes and Heraulds, there to remain ttd
fiiturain rci wemoriaui. and that all parties having interesse may have authentik
copies and extracts thereof; and for your so doing, these our letters shalbe unto
vou, and euerie one of you from time to time, your sufllicient warrant and discharge
in that bchalffe. Givkn at our court of TVhythall, the 17th of November, 162}).
To our right trustie and right well-beloued cousin and counsellour ; to oin*
right well-beloued cousins and counsellouris ; to our right trustie and well-
beloued counsellouris, and trustie and well-beloued counsellouris, the
Viscount of Dupleine, our Chancellour of Scotland, the Karle of Monteith.
the President, and to the remanent Karls, Ijords, and otheris of our Privie
t'ounsell of oiu- said kingdonie.

(Public Records of Scotland, I'Jd/nburg/i.)

No. iW

^-Jcts of Concent/on of Estdtes. See p. :>.

. i

Apud Iloli/rood House, altiiiio die mensis Julii \i\5().
I'm: estates prcsentlie convened all in one voice, ratifies, allows, approves, and
confirms the dignitie and order of Knights Baronets, erected by his ^lajestic, and
his late dear father of blessed memorie, and conferred by them upon sundrie
gentlemen of good qualitie, for their better encouragement and retribution of
their undertakings in tiie plantation of New^ Scotland, with all the acts of secret
coiu)cil and proclamations following thereupon, made for maintaining of the said
dignitie, place, and ])recedence due thereto, to continue and stand in force in all
time coming ; and that intimation be made hereof to all his Majestie's lieges, by
open proclamation at the mercat cross of Edinburgh, and other places needful.

'I'lie estates prcsentlie convened having dulie considered the benefit arising to
this kingdom by the accession of Xe\v^ Scotland, and the successful plantation
already made there by the gen tlemejr undertakers of the same, in regard whereof,
and that the said lands and territories- of New Scotland are, by the patent thereof,
made in favour of Sir AVilliam ^Vlexander of IMenstrie, Knight, his INJajesty's
Secretarie annexed to the Crown, therefore the said estates, all in one voice, has

APPENDIX.

coiidiulfd and agreed tliat his Majcstie shall bv petitioned to maintniii his ri'-lit
of New Scotland, and to protect his subjects, undertakers of the s:iid plantation, in
the peaceable possession of the same, as heiiii;- a purpose hi^iilie eoncernini; hi.-;
^lajcsue's honour, and tlie ^ood and credit of this his ancient kingdom.

(.lets of Parliament.)

\o. V.

Lcllerfrom Kiii,i\' Charles I. to the Lords of Council. See p. k

UuiiiT, iVc. Seeing we have seen, by a letter from you, the order of IJaronets
erected by our late dear father and us. for furtheriiin- the plantati(>:> of Xeu
Scotland, was approved by the whole estates of our kingdom at the last Conven-
tion ; and that we understand, both by the reports that came from thence, and by
the sensible consideration and notice taken thereof by our neighbour countries,
how well that w^ork is begun. Our right trustieand well beloved Counsellor, Sir
A\'illiam Alexander, our Lieutenant there, having fullie i)erformed what was
expected from him, for the benefit which was intended for him, by (the creation
of) these IJaronets, being very desirous that he should not suffer therein, but that
he and others may be encouraged to j)rosecute the good begiiniing that is n)ade.
as we licartilie think all such as have contribute their aid by contracting with him
for advancing of the said work alreadic. Our pleasure is. that you seriouslie con-
sider, either amongst you all, or by a committee of such as are best affectioned
towards that work, how it may l)e best brought to perfection ; for we are so far
(whatsoever controversie be about it) from quitting our title to New Scotland and
Canada, that we will be verie careful to maintain all our good subjects who do
plant themselves there, and let none of the IJaronets any way be prejudged in th(>
honour and privileges contained in tlieir patents, by punishing of all that dart
presume to wrong them therein, that others may be encouraged to take the like
coiu-se, as the more acceptable unto us. and the nearer to a title of nobilitie, where-
unto that of Baronet is the next degree : And, if the said Sir ^^^illiam. as oui-
Lieutenant of New Scotland, shall convene the Baronets to consult too-ether
c(mccrning that plantation, we liereby authorize him, and will you to authorize
him, as flir as is requisite for that effect, willing that proclamation be made of what
we have signified, or of wdiat you shall determine for furthering that work,
whereof we recommend the care to you, as a matter importing s))eciallie our
honour and the good of that our ancient kingdom.
GuEENwicn, i2th July, 163L

{Advocates' Library, Edinburgh. — Earl of Stirling's Register of
Letters of King Charles I. kv. M.S.)

ii 1

Al'PENDIX.

No. N'l.

' ' i

Pro Rege Gitlloruni. Sec j). 4.

Caiuh.I's. del jii'ntiii Mn<2;iu> Hritnnnio. I 'raiicic, ct Ilibcrnio. Hex. (idc'KjiUMleft'nsor.
\c'. Omnibus liascf visuris Salutoni. Quaiul(n|ui(lom onmino justimi e(imun et
l)()iiuin jiulifaimis, ut jam taiidt'in pax ot Concordia luiper inter nos ct Kcocm
C'liristianissimiim, fratrcm nostrum cliarissinium, pristinum vi<j,()rcni ct ctt'cctuin
rctu))crcnt, attjuc adco onmcs controvcrsus ct diflicultatcs (|uc liactcnus sunt indc
intcrcidaria inter nostra rc^iia ct subditos nnituo rcdintc^rata ct pcrt'ccta rccon-
(iliationc utrin(|uc rcmovcantur ct abolcantur. in (jucm fincni. nos, inter alias
conditiones e\ nostra ])artcprcstandas, consensinnis defcctioncm f'accre lortalicii scu
castri et inhabitationis l\)rtus llc^alis. vulgo Port lioyal, in Nova Scotia, (jui
tlanranlc adhuc bello vi<>;ore di{)loiuutis sen connnissionis sub rcj;ni Scotie Sigillo
pro dcrelictoeaptus et occupatus I'ueriV, et illud tamen sine ullo ])rcjudicio juris ant
tituli iiostri aut subditorum nostrum im])ostcrum : \os ))roniissoruni atcjuc vcrbi
nostri rcgii iideni (piibuscunquc contrariis rationibus ct ol))cctionibus liac super re
illatis aut infcrendis antd'crcntcs. hisce litcris asserimus, ct in verbo regis proniitti
uuis, nos prece])turos curatun)s ct etlecturos ut a nostris in dicto fbrtalicio sive
eastro et habitatione Tortus Ucgalis. \\\\iyo Port lioyal, subsistcntibus subditis suis.
sen luilitcs presidialii sui scvi coloni et incolc ibidem niorcntur ct habitcnt ;
innnediatc (piam primum nostre jussionis litcre, a dcputatis vcl commissariis (jui
easdcm a prclato nostro t'ratre cbarissinio Hege Christiani>simo. conumdandi. habe-
bunt cffercndas. ipsis crant exbibite ct perlccte. atcpic rcdeundi f'acultas data, dictum
castrum scu t'ortaliciuni ct habitatio in I'ortu Kegali durcntur, dcsercntur, rdin-
(juantur, dcnique, arnia, tormcnta, conuncatus, armcnta, bona ct utcnsilia, inde
asportcntur. In cujus rci testimonium lias litems nostras manu nostra ct magno
rcgni nostri Scotie Sigillo signarc ct confirmarc voluinus. que dabantur ex palatio
nostro Gre/ioiici, die liS n.ensis Julij, anno Domini Ki.'il, et nostri rcgni septinio,

{Earl of Stirling'^ Register.)

l\ V:

-I

aim»i:ni)ix.

No. \ I.

Lefiers Patent l,fj his Majeatii ronccni/n<r the (hiivering up to the French King
uf the fort and place of Port Itoyal in Noon Scotia.

CiiAiJLEs. hy the Grace of Ciod Kiii;^- ol' Ciivat Hritain. France, and Ireland.
l)eten(ier of the Faith, .Ve. '!'(. all who these presents shall sec. (ireetinj..
Forasmuch as wc jndne it (|nite just, reasonable, and ^-ood, that now at lenoth tlu'
peace and agreement lately made between us and the most Christian Kin«.- our
dearest, brother may re-accpiire its former strength and effect, and thus alTcon-
trt)versies and ditlieulties which have hitherto been interposed between oin-
respective kinodoms and sul))ects may be removed and put an end to on both
.sides by a mutually restored and perfect reconciliation, for which purpose we.
among other conditions to be performed on our part, have agreed to give up the
fortress or fort and place of Port Hoyal, in Nova Scotia, which shall betaken and
occupied as relinquished, in virtue of a patent or conmiission, under the Seal of tlu'
kingd()m of Scotland, during the continuance of the late war, and that without
prejudice nevertheless to our right or title, or that of our subjects for ever: We.
preferring the faith of promises and of our royal word to all contrary reasons and
objections Avhatsoever, inferred or to be inferred, in respect to this matter, do. by
these letters, signify and promise, on the word of a king, that we shall give orders,
take care, and carry into effect, that his subjects may reside with ours in the said
fortress or fort and place of Port Hoyal, or its garrison or colonists, and inhabitants
may remain and inhabit them at the same time ; and that, until letters of appro-
bation enjoining to that effect, direct from the deputies or commissaries who shall
have the same set forth from our aforesaid dearest brother the most Christian
King, are exhibited and read to them, and the powxn* of returning given, the said
fort or fortress and place in Port Royal be evacuated, deserted, and relinquished ;
and, lastly, the arms, ordnance, provisions, cattle, goods, and articles of use be
carried away therefrom. In witness whereof, we are willing to sign and confirm
these our letters with our hand, and under the Cireat Seal of our Kingdom of
Scotland, which were given at our palace of Greenwich, the <28th day of July, in
the year of our Lord 1631, and of our reign the seventh.

APPENDIX.

\o. MI.

To the Kin^i^\s J\[ost KAicllciit Mojcs/i/, the ''n>iil//c Pifilioii (>/\l/i',atn(hr. T^arl i>j

>S/lrliii_i>\ iS;f'. Set' p. 4.

SiiKWKTii. — That his late Majosty. Kin<;- C'harli's thr First, by his royal letters
jiatent. luarin^- date somcthiio in or about the month ol' February. l(>[{f.'. granted
unto tlie Lord Viseount of Stirling;-, the j;rcat-<ireat-j;reat-<;randliither ol" your
petitioner, the sum often thousand pounds, in satisfaetion of the losses that the
said N'iseount had sustained by j;ivin<;' order for the reinovinj;- of his eolony, then
at I'ort-Uoyal in New Seotiand. at the Kin<r"s e\j)ress command, ' for performing

• of an arlieieof the treatie betwixt the I'reneh and lis.' that is, the said Kiiij;
(.'hai les the First.

That the said <;rant expressly stated, * it is in no wise for (pnttinj; tlu' title.
' rights, or possession of Ne\v Seotiand, or of any part thereof, but only for the

* satisfaetion of the losses' aforesaid.

That the said sum of ten thousand jiounds has never l)een paid, but is still due
and owing", with the interest thereon, to your petitioner, who claims the same as
the heir and representative of the grantee, in and by \irtue of the following
retours in tiie courts of Scotland, as therein duly recorded, — that is to say, he was
fu'st retoured on the 7lli February, 1826, i)y a jury, on their solemn oaths, the
nearest lawfid heir male of the body of Hannali his mother, the last surviving
heir female of Henjamin, her brother-german, last heir male of the body of the
first Marl of Stirling, his great-great-grandfather.

That on the 1 1th day of October, 18.30, he, said petitioner, was in like manner
retoured nearest and lawfid heir in general of the said lirst Karl of Stirling,

That on the .'JOth day of May. 18.'J1, he, the petitioner, was in like manner
retoured nearest and lawful heir of tailzie and provision to the said first Karl of
Stirling; and

That on the 12d day of July, IS.'il, he. the petitioner, was served and retoured
nearest and lawful heir in special to the said first F'arl of Stirling.

That the evidence of the grant, and the payment aforesaid, is to be found in
the archives and documents of the State, to which your petitioner craves leave to
lefer; and among others, to one recently found, of a petition to his late Majesty,
King Charles the Second, by or on behalf of the grand-daughters of the said first
Lord A'iscount of Stirling, which petition, by order dated 4th December, iGCiO,
was remitted by the King ' to the llight Honourable the Lord Chamberlane of
' his Majestie's House, to report what he conceaves fit to be done therein.'

That no further proceedings appear to have been taken therein, or any part of
the money paid.

That your petitioner is advised to make known his just claim to your Majesty
for payment of the debt still remaining due, inasmuch as the Crown had the

APPENIMX.

benefit of tlip first Karl's removal of his colony, which was to he compensated in
manner aforesaid.

That the sum now due for principal and interest, anioinits to one hnndred and
ten thousand pounds, computed without rests, and which sum your petitioner
now claims as of ri^ht Justly due and owiiig to him as such representative of the
first grantee, as aforesaid.

In consideration of tlic premises, and of the «>reat loss and injin-y that your
petitioui'r's ancestors have hitherto sustained l)y iion-paynient, and which
would now fall exclusively on yoin* |)etiiioner, he most luunhly prays your
iMajesty to take his case and claiu) into your royal and just consideration,
and direct payment to he forthwith ntade, to enahlc him to nuiiiitain his
own di<;nity and honoiu's. and supply tlu> wants of a numerous family.
And your petiti(jner shall ever pray.

(Signed) Stiulinc;.

November 'Jl, IS.'JL'.

fi 1

Petition oJ'Colouel Blount, ^c.

To the King's IMost Excellent Majestic, The lliunhle iVtilion of t'ol. John
IJlount, the Lady Mary and .lane ^Vlexanders, daughters of }e late l'',:,rl',' of
Sterline,

SiiEWFvrn, — That A\'illm. hitc Karle of Sterline, ])rincipall Secretary o\' Scotland,
having to his vast expcnce, and the wasting of his whole estate in Seotljuul,
planted a colony in Nova Scotia, and a peace being concluded betwcene his late
Matie. of ever blessed memory, and the late French king, Xova Scotia was included
in ye articles of peace to be rentlered to ye French, by whicii ye said Karle's wliol{>
fortune there was lost, for rcjiaracon whereof his late Matie. was graciously |)leased
to thinke himselfe bound in e(|uity to relieve him, and grant his letters pattenls
for ye rcimbursment and jjayment of £10.()()(), to him and his assignes, out of ->(•
Excheqr. and all other the prolHtts in Scotland Avhatsoevcr, that should first arise.
Hut ye w^arrs ensuing there, and afterwards here, the said Earle and his son. father
to yor petrs. Mary and .Jane, dyed before ])ayment of ye said £ 10,000. and vor
petr. .John marrycd Dame Mary Countesse of Sterline, and disbursed for iier
neeessitys, and preservacon of her estate and her children, £ 2500. In tender
consideracon Avhereof, and for that ye said £ 10,000 is all the exiieetancic and
subsistence of yor petrs. jNIary and Jane, and to reimburse yor petr. .John, who
faithfully served his late Matie. and yor Matie. ever since ye first w^arie in Scot-
land, and eomanded yor Maties. ow^ne regiment of horse, That yor JMatie. will
be gracionsly pleased to grant your letters ])attents ibr the satisiaction of the said
£10,000, in proportion to yor petrs. out of yor JNlaties. receipts in Scotland, or
other waves, as yor Matie. shall thinke fitt. And yor petrs. shall ever pray, iVc.

APPENDIX,

1 1

Whitehall, 4 December, I66O.
His Matic. being sensible of the petrs. condition and sufferings, is gratiously
inclined to releiv them, and is pleased to refer their ease to the Right Houoble.
the Lord Chaniberlanc of his Matie. Hous, that he may consider of their preten-
tions in equity to Nova Scotia, and to report what he conceaves fit to be done
therein, whereupon iiis JNIatie will declare his further pleasure.

(Signed) Lauderdaill.

( State Paper Office, Westminster.)

Letter from the Honourable James Stewart, Assistant Secretary of the Treasury.

My Loud, — The Lords Commissioners of his Majesty's Treasury having had
imdcr their consideration your Lordship's memorial, praying to be paid the sum
of £ 10,000, with interest, the said sum being a grant to the Earl of Stirling made
in the year 1632, I have it in command to acquaint you, that this claim cannot
be entertained. — I am, my Lord, your Lordship's most obedt. servant.

(Signed) J. Stewart.

Treasurii Chambers, 13th Feb. 1833.
The Earl of Stirling.

: »

Letter to the Lords Comniissioners of the Treasury.

My Lords, — I am informed by INlr Stewai't, in reply to my petition to the King,
referred to your Lordships for consideration, that my claim to the sum of £10,000
and interest, due to me from the Crown, cannot be entertained. No reason being
assigned for the decision, and the debt being clearly established, I own it appears
to me, that I .should be wanting to myself and family, in that respect due from
a subject to his Sovereign, were I to remain satisfied with a decision which, if
final, would, in effect, make the pure fountain of all honour the impure fountain,
at the same time, of great injustice. A debt of the Crown can only be cancelled,
I apprehend, by payment of the Crowii. In this particular instance, the docu-
ments to shew its creation and non-payment are both within your Lordships'
reach and reference, and it cannot, from the letter received, be said to have been
discharged. Due, then, as on the day it was incurred, the delay, the enormous
delay in its payment, has been an increasing loss to my family, from the first
Earl to myself This loss has consequently been the Iving's gain ; not intended,
perhaps, at an early period, but eventually become so. Can his Majesty be
advised to retain the advantages which the destitution of his subject in this
particular case has given to the Crown ? The policy of the law, as between
subject and subject, i*^ is well known, has set a boundary to mutual debts and
credits, beyond which neither party can claim of the other. The rule, however,

APPENDIX.

does not apply to the King, as your Lordships well knoAV ; nor would a similar
policy he here needed, for the King's obligations of this nature are all publicly
recorded, and the cancelling of them is also equally capable of the clearest proof
And, again, the King of 1632 is the King of 1833, as head of the empire, and
the latter is equally bound to all contracts that Avere obligatory on the former.
I repeat, then, my I^ords, can the pure fountain of honour be the impure fountain
of injustice also ? And is the debt admitted, and the payment refused, because
it is of long standing ? By what statute ? for the King's rights are not pre-
judiced by time, and it would be monstrous if his obligations were thereby
cancelled. My J^ords, I retpicst that, if my just claims are really such that they
cannot be entertained, the reasons for so singular a decision may be given to me.
[ have the honour to be. (Vc. (Signed) Stiumnc:.

15fh Fehruary, 1833.

Letter from RIii Stewakt.

Mv Loud. — I am commanded by the Lords Commissioners of his Majesty's
Treasury to acquaint your Lordship, in answer to your letter of the 1.5tii ult.,
tliat (Tovernment cannot entertain any claim of the nature preferred by you alter
a period of two hundred years. — I am. my liord, your Lordship's obedient servant.

(Signed) J. Stewart.
Trt'.tisimj Chambers, 26th March, ISiVi.
The Eaul of Stiuling.

Letter to the Lords Co7nmissioners of tJif Treasury.

My Lords. — In the absence of any other reason being assigned for rejecting the
prayer of niy petition to the Crown for the debt due to me, than that it cannot
be entertained, because it is two hundred years old. 1 conclude no other can be
given. I am the more confirmed in this conclusion from having referred your
Lordships to the legitimate soiu'ces for verifying the paynient, had it ever been
made. I stand, then, my Lords, on the clear ground of proving to your Lordshijxs
the value of my ancestor's sacrifices, in respect whereof the sum of ten thousand
])ounds was to have been, but never has been, paid. The CroAvn originally had
the benefit arising from the sacrifices, and has had, from that time to the present,
the benefit of them, and my family, and now myself, tlie unrepaired loss and
injury thence arising; but the Crown cannot now attend to the claim, because it
is of so old a date, which, in effect, increases the injury to me, wliile it equally,
and, in trutli, in a great degree, increases the advantage to the Crown. My Lords,
this is so subversive of all the principles of moral and legal obligation, and of
reciprocal duties, that I cannot bring my mind to the admission of its being your
Lordships' meaning, but that the rejection of my claim nnist be founded on sonw

f 1

f :

.^w ' "•mm naa. : '. '

Hmitmm

APPENDIX.

indistinct notion that it may have been compensated, and that evidence of the
compensation is lost. Neither can I bring- my mind to the admission that your
Lordships would blink a CroAvn debt, by pleading limitation of time, when the
evidence is in your own hands to shew that this debt has never been paid ; and,
moreover, that other Crown debts have been ])aid after a period of three hundred
years. If, however, I am to be told the plea of limitation is good, may I, in this
case, venture to request a reference to the usage, or statute, or law, that warrants
the decision ? and I promise youi- Lordships not to press that farther which any
such usage, statute, or law i-epels. JNly claim I believe to be founded strictly
according to law, upon a valuable consideration given, and that it can only be
cancelled by payment. Though I agree to drop my claim, then, and put up with
the injury done, on being referred to valid authority for its rejection, as 1 have
said, it will never be in my power, nor in that of any indifferent party, to think
it right, that the most powerful monarch on earth should benefit by the destruction
of any proi)erty of a subject, for State purposes, and undertaken to be paid for by
the State, though clearly never done. From this feeling your Lordships cannot
dissent, for it is the universal feeling of all mankind on the simple and proved
fact on which 1 address your Lordships : — ' I have got your property ; I have
' promised you payment for it ; I have never paid the money, and never will,
' because the debt is of long standing.' This answer is such, my Lords, as to be
equally abhorrent to the oldest as to the newest code of moral obligation. I trust
your Lordships will honour me with a letter, and not drive me to an appeal to a
more extender^ and efficient tribunal. — I have the honour to be, &c.

(Signed) Stirling.
9th April, 1833.

Letter to the Lords Commissioners of the Treasury.

My Lords. — My letter to your Lordships of the 9th of April being yet unan-
swered, I venture again to invite attention to it. That my claim to the debt
unquestionably due to my ancestor from the Crown as before stated, and never
paid, should be refused on the simple allegation that it Avas of longstanding, does
certainly afford no satisfaction to the injured party. If any doubt of the facts
relative to it existed, and recpiired to be removed ere your Lordships could admit
and pay the amount, I should be prepared to remove that doubt. In truth, I
liave referred to the channels through which that may be done most satisfactorily.
The facts are in evidence under your Lordships' own ])ower and control, and these
not only shew the origin of my claim, and the consideration for the grant of
£ 10,000 of equivalent value at the time, but by going through them to the
present time, they shew also that the debt still exists. If payment of principal
and int(>rest be refused, by reason of its excessive accumulation, and that no
claim has for many years been made by any branch of my family for its liquida-

APPENDIX.

tioii, I am fully prepared to meet that objection, and to meet it in the true apuii
of conciliation. I am prepared to give up to the public a part, as a penalty for
past laches, but surely it were the extreme of injustice to require a sacrifice of the
whole. Is there, then, no course, no medium, nor any re[)ly deemed requisite,
but such as I last received ? If theie be no reason assigued, no rule or usage
referred to and siiewn for justification of so chilling and unsatisfactory an answer,
I nmst, as a last resort, endeavour to bring my claim before a more liberal and
considerate tribunal. — I have the honour to be, &:c.

47, Brj/anston Square, 'Id July, 1833.

(Signed)

Stirlixg.

Letter from Mr Skivart.

Mv Loud, — I am commanded by the Lords Commi,%sioners of his Majesty s
Treasury to acquaint your Lordship, that they can only reply to your letters of
the Oth April and 2d instant, by referring you to the answers already given to
yoiu- Lordship's applications. — I am, my Lord, your Lordship's most obedt. servt.

(Signed) .1. Stewart.

Ireusury Chatnbers, ^'Id July, 1833.
The Karl of Stirlincj.

Xo. VIII.

Treatij of St Germain, mh March, 1632. See p. 5.

'IVaite, lVc. Art. 3. De la part de sa Majeste de la Grande Bretagne ledit Sieur
Ambassadeur en vertu du pouvoir qu'il a, lequel sera insert a la fin de ces
presentes, a prjmis et promet pour et au nom de sadite Majeste de rendre et
restituer tons les lieux occupees en la Nouvelle France, la Cadie, et Canada, par
les sujets de sa Majeste de la Grand Bretagne, iceux faire retirer desdits lieux :
Et pour cet eifet, ledit Sieur Ambassadeur delivrera, lors de la passation et signa-
ture des ])resentes, aux Commissaires du Roi tres Chretien, en bonne forme, If
pouvoir qu'il a de sa Majeste de la Grande Bretagne pour la restitution desdits
lieux, ensemble les commandemens de sadite Majeste' a tous ceux qui commandent
dans le Port Roial, Fort de Guebec, et Cap Breton, pour etre lesdites places et
Fort rendus et remis es mains de ceux qu'il plaira a sa Majeste tres Chretienne
ordonner, ha.

?'■!

;i!

'iiii

/ii

i;
*

t ill

,M^mM

4(i

ft i!

^ >

APPENDIX.

No. IX.

Letter from King C/iarles I. to the Lord Advocate. See p. 5.

TiiusTir., &C. Whereas, upon the late trcatie betwixt Us and the French King,
\vc were pleased to condescend, that the colonic which was latelic planted at
Port Royal, in New Scotland, should be for the present removed from thence, and
lun e accordinglie given order to our right trustie the Viscount of Stirling, our
principal Secretarie for Scotland ; although, by all our several orders and erections
concerning that business, we have ever expressed that we have no intention to
tpiit our right and title to any of these bounds, yet, in regard our meaning
])crchance will not be sufficientlie imderstood by those our loving subjects who
licreafter shall intend the advancement of that Avork, — for their satisfaction therein,
we do hereby rc(iuire you to draw up a sufficient warrant for our hand, to pass
luidcr our Great Seal, to our said right trustie 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 in it. he may have full assurance
iVoni us. iu lerho pr'nicipis, 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 here-
after be readie. by our gracious favour, to protect him, and all such as have, or
sliall hereafter at any time concur wilh him for the advancement of the plantation
in these bounds foresaid. And if at any time, 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 fully satisfie them for all loss they shall sustain by
anv such letters or orders from us. iVnd for vour so doino-. &c.

(jREKNwicn, l^th Jiinii. lG;j2.

{Earl ofSlirling^s- Register.)

y'li

;, 0<

\o. X.

Letter from his Majesty to the Baronets. See p. 5.

TiirsTiE, (See. AVhcreas our late dear father, out of his pious zeal for advancemenl
of religion iu the remote parts of his dominions, where it had not been formerlie
known, and out of his royal care for the honour and weal of that our ancient
kingdom, was pleased to amiex to the Crown thereof the dominion of Xew
Scotland, in America, that the use might arise to the benefit of that kingdom,
\\\,, being desirous that the wished effects might follow by the continuance of
so noble a design, were pleased to confer particular marks of our favour upon

APPENDIX.

such as should voluntarihe contribute to the furtherance of a plantation to hv
established in these bounds, as appeared by our erecting- of tliat order of Haroncts
wherewith 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 alreadic interested, and for encouraging of them who shall liercafter
interest themselves in the adA ancemcnt of a work which Ave so reallie consider for
the glorie of God, the honour of that nation, and the benefit that is likelie to flow
from the right prosecution of it. But in regard that, notwithstanding the care
and diligence of our right trustiethe Viscount of Stirling, whom we liave from
the beginning entrusted with the prosecution of this work, and of the great charges
alreadie bestowed upon it, it hath not taken the root which was expected, partlie,
as we conceive, by reason of the incommodities ordinarilic incident to all new
and remote beginnings, and partlie, as we are informed, by want of the tiuielie
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 wlat means again
may this work be established : And conceiving that there are none of our subjects
whom it concerns so much in credit to be affectioned to the progress of it as those
of your number, for justifying the grounds of our princelie favour which you have
received by a most honourable and generous way, we have thought fit to direct
the bearer hereof, Sir William Alexander, Knight, unto 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 hereafter 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 Avill give your concurrence;
for the further prosecution of them : And as we have alreadie given order to our
Advocate for drawing such warrants to pass under our seals there, whereby oui
loving subjects may be freed from all misconstruction of our proceedings with the
F'rench anent New Scotland, and secured of our protection in time coming in
their undertakinsis into it, so we shall be readie to contribute what we shall here-
after find we may justlie do for the advancement of the work, and the encourage-
ment of all that shall join with them to that purpose. Which recommending unte
your care, we bid you farewell. Beaulie, 15th August, 1632.

{Earl of Stirling's Register.

)

I I :

i
.1 "I

APPENDIX.

P u

No. XI.

Rntijication infamur of the Viscount of Stirling of the vifeftmcnts and signature
granted to him of the dominions of New Scotland and Canada in America, and
privih'gen therein contained, and of the dignity and order of Knight Baro7iets ;
and Act of Convention of Estates made thereanent. See p. 5.

11'

(^I'R Soveraigiic Lord and Estates of this present Parliament, ratifie and approve
all letters patents and infeftments granted by King James the Sixtli, of blessed
memory, or by our said Soveraigne Lord, to William Viscount of Sterling, and to
ills heires and assigneis, of the territories and dominions of Wew Scotland, and
Canada in America ; and especially the ]iatent charter and infeftment granted bv
his Majestie' umwhile dearest father, of worthie memorie, of Neiv Scotland, of
the tenth day of September, the year of Ciod 1G21 : Item, another charter of the
same, granted by his Majestie under the great scale, of the date the twelfth day
of Julij, 1625 yeares : Item, another charter and infeftment granted by his
3Iajestie of the countvcy and dominion of Nciv Scotland, under the great scale, of
the date the third day of Blay, 1G27 yeares : Item, another charter and infeft-
ment granted by his Majestie, inider the great scale, of the river and gulf of
Canada, bourids and priviledges thereof mentioned in the said patent, of the date
the second day of Fehniarie, 1628 years: Item, a signature past under his
Majestie's hand of the saidcountrie and dominion, which is to be with all diligence
I'xpcdetlu'ough the seals, of the date at ^Vhitehall, the t wen tie-fourth dixy oi' April,
I6S3 yeares : With all liberties, priviledges, honours, jurisdictions, and dignities
rcspcdive therein mentioned; together with all execution, precepts, instruments
of soasings, and seasings following, or that shall hapjien to follow thereupon. And
also ratifies and approves the act of general convention of estates at Holy-rude-
hou.se. the sixth day oi' Juhj. the year of God 1630, whereby the saids estates liave
ratified and approved the dignities and order of Knight Baronet, with all the acts
of Secret Council and prochuDatioiis following thereupon, made for the maintaining
of the said dignitie. place, and precedcncic thereof.

And his ^Majestic and Estates aforesaid will statute and ordaine that the said
letters patents, charters, and infeftments, and the said dignitie, title, and order of
Harronets, and all letters ])atcnts and infeftments of lands, and dignities granted
therewith to any person whatsoever, shall stand and continue in full force, with
all liberties, priviledges, and precedencies thereof, according to the tenour of the
same: i\nd in als ample manner, as if the bodies of the said letters patents,
infeftments, and signature above-mentioned, were herein particularly ingrost and

APPENDIX.

4!>

t^vprost. And ordniiic intimation to ho made liercof hy ojjcn proclamation tn all
his Rlajcstios's lio,<>es at tlm niiirko!-. {.tossc of Ud/nburgh, and other placvs nccdtid,
that none pretend i<rnor.inec liereof.

{^IcLs of Parlhwund.)

P. Acte So. 28. made in the Parlinment held hi/ Kin<r Charles the Fir.it (\u
]iorson) at Fdi /I b/trgh, the twentie eight dajj of .lunc. Anno Domini one
thousand six hundred and thirty three.

,.i

\o. XI I.

i ^ict of Council. Sec ]). o.

Apud pAlinbxrgh, \')th Fehr:;iirij, lO.'vi-.
Sederunt, Chancellor, Prea-nn-er, Pri&ie Seal, Mari.skall, Po.rburgh, Aanandaill,
Lauderdaill, Southesk, L. Ares/cine, Clerk Jlegister, Advocat.

FoiiSAMKiKi.r. as his Majestie's late dear father of hlessod meniorie, for the lionom-
of this his ancient kin»>;(lom of Scotland, did <;iant the tirst patent of New Scotland
to his Majcstie's rioht traist cousin and eomisellor, William Krle of Sterlinc. and
was \villini>- to confer the title of Knight Baronet upon such of his well-descrvin<''
subjects as should contribute to the advancement of the work of the plantation in
the said countrie, his ^rajestic v/as pleased to give order for eflFoetualino- of the
same according to his Conunission directed to the Tiords of I'rivie Council for
that ))urpose : And his Majestic understanding pcrfectlic that the said Mrle did
begin and prosecute a plantation in these 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 his Majcstie's commanding the said Erie to remove
his colonic from Port Uoyal, for fuliilling of ane article of the trcatie betwixt his
^lajestie and his brother the French King, to make everic thing betwixt them to
be in the estate Avhercin it was before the war, hca.ring that there was a nunour
given out by some that his Majestic had totallic lost his i)ur[)ose to ))laiii in that
countrie. as having surrendered his riglit thereof: And therefore, lest anie farther
mistaking should arise thereupon, his Majestic luis thought good hereby :•> dear
his intention therein, which is, that the said Krlc, with all such as shall adventure
with Inm, shall prosecute the said work, and be encourageil by all lawful helps
thereunto, as well by completing the intended nun^bcrof IJaronets. as otlicrways : J
And whereas some of the subjects of the kingdom of England and Ireland, of
good qualitic, who, having taken land in New Scotland holden of his ^lajestie, did
accept of the said dignitic there, and were obliged to contribute as nuich toward
the said plantation as anie 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 royall w ill and

-.1

APPENDIX.

pleasiiro. that whensoever anio of his iMajestie's subjeets of qualitie fit for thai
(lignitic. within the kingdom of England or Ireland, having taken land lioldcn of
his ^Majestic in New Scotland, and having agreed with the said Krlc for part of a
supplie towards the said plantation, and that it is signified so by him to the said
lA)rds of Privie Conneil, that, till the number of Baronets formerlie condescended
upon be complete, tiie said Lords shall accept of them, and give order that their
patents be passed at as easic a rate as if they were natural born subjects of this
kingdom : And the said Lords ordainis letters to be direct, charging officers of
arms to pass and make publication hereof, by open proclamation at the market
crosses of the head boroughs of this kingdom, and other places needful, where-
through none pretend ignorance of the same.

{liegistriim Secreti CunciliJ.)

I ■

II ;

''1

No. XIII.

ROLL OF BARONETS OF NOVA SCOTIA,

who had territorial grants, on the surrender of Sir PVilliam
Stirling, the Patentee of that province. See

1625.

Mav 28,

Mav 29,

May JIO,

July 14,
July 19,
August .30,
August .31,
September 1,
September 2,
September 3,
November 1 7,
Decsmber 28,

1626.

March .30,
Marcli 31,
April 21,
April 22,
April 24,
Mav 1,

Sir Robert Gordon, of Gordon,

Sir Alexander Strachan, of Strachan,

Sir William Keith, Earl Marischal,

Sir Duncan Campbell, of Glenurchay Campbell.

Sir Robert Inncs, of New Innes,

Sir John Wemyss, of New Wemyss,

Sir Diivid Livingston, of Dunipace Livingston,

Sir William Douglas, of Douglas,

Sir Donald Macdonald, of Mactlonald,

Sir Richard Murray, of Cockpool,

Sir John Colquhoun, of Colquhoun,

Sir Alexander Gordon, of New Cluny,

Sir John Lesly, of Lesly,

Sir James Gordon, of New Lismore,

Sir Gilbert Ramsay, of Ramsay,

Sir George Eorrester, of Corstorphine,

Sir Erskine,

Sir William Graham, of Braco, .

Sir Patrick Hume, of Polwarth.

Sir William Fori)es, of Forbes,
Sir George Johnston, of .lohnston.
Sir Thomas Burnett, of Leys Burnett,
Sir John MoncreifF, of Moncreiff',
Sir George Ogilvie, of New Carnousie,
Sir Robert Gordon, of Lochinvai*.

Alexander, Earl of
p. 6.

Nova Scotiu.
New Brunswick.
New Brunswick.
Anticosti.
Anticosti.
Anticosti.
New Brunswick,
New Brunswick.
New Brunswick.
New Brunswick.
Nova Scotia.
New Brunswick.
New Brunswick.
New Brunswick,
New Brunswick,
Nova Scotia.
Anticosti.
Anticosti.

New Brunswick,
New Brunswick.
New Brunswick.
New Brunswick.
New Brunswick.

i.^*J^^"'-

June 1,

Sir

July 18,

Sir

September 29

, Sir

1(527.

Miircli 18,

Sir

Miircli 28,

Sir

April 18,

Sir

May 2,

Sir

June 25,

Sir

July 4,

Sir

July 17,

Sir

July 11),

Sir

July 20,

Sir

October 18,

Sir

November 21

, Sir

December 1.'3

Sii-

Sir

lfi28.

Jaiuiary 1,

Sir

January 10,

Sir

January 12,

Sir

January 14,

Sir

i'chruary 19,

Sir

February 22,

Sir

May 14,

Sir

Mav 15,

Sir

May 1(),

Sir

May 21,

Sir

June 20,

Sir

September 29

Sir

October 2,

Sir

1 (529.

June 26,

Sir

June 28,

Sir

November 30,

Sir

APPENDIX.

William Murray, of Murray,
Jolm Blackadder, of IJiackailcler,
Jolin Oyiivy, of Ogiivy Inncrquliarity,

Donald Mackay, of Ucay,
James Maxwell, of Mauldslic,
James Stuart, of Bute.
James Stewart, of Corsewall,
Archibald Napier, of Napier,
John Livingston, of Kiimaird,
William Cunningliam, of Cunninglium,
James Carmicliael, of Carmicluiel,
James MKJill, of M'Gill,
James Ogiivy, of Banff Ogiivy,
Samuel Johnston, of New Elphinstone,
William Cockburn, of C'ockburn,
Colin Campbell, of Lundie Campbell,
James Campbell, of Aberucbill,

Archibald Achcson, of Monteagle,

Saudilands,
Robert Montgomerie, of New Skelmorly,
•Fames Haliburton, of Pitcur,
Dougald Campbell, of New Auchinbreck,
Donald Campbell, of New Ardnamurchan,
Thomas Hope, of Craighall,
James Skene of Curriehill,
Jolm Preston, of Preston Airdrie,
Alexander (Jibson, of Durie,
.John Crawford, of Kilbirny,
John Kiddell, of New Uiddell,
Archibald Murray, of Blackbarony,
Patrick Min-ray, of Elibank Murray,

Cadell,

John Mackenzie, of Tarbat,
William Elphinstone, of New Glasgow,
Robert Barr,

Arthur Forbes, of Castle Forbes, (Longford,)
Francis Hamilton, of Killach, (Down,)
Andrew Stewart, Lord Castlestewart, (Tyrone;
Edward Barret, Lord Newburgh,

William Bruce, of Stenhouse,

John Nicolson, of Lasswade,

Michael Arnot, of Arnot,

James Oliphant, of Oliphant,

Patrick Agnew, of Agnew,

William Keith, of Ludquhairii,

Claude St Estienne, Seigneur de la Tour,

New Brunswick.

Anticosti.

New Brunswick.

Anticosti.

New Brunswick.

New Ihunswick.

New Brunswick.

Anticosti.

Nova Scotia.

Anticosti.

New Brunswick.

Anticosti.

New Brunswick.

Anticosti.

New Brunswick.

Nova Scotia.

New Brunswick.

New Brunswick.
Anticosti.
Anticosti.
Anticosti.
Nova Scotia.
Nova Scotia.
Nova Scotia.

! .

««■

i»»a»jhH» > i M n il ■ nr ■

: - - '' Bs a

»•_'

Al'I'ENDIX.

' ' ,1

if-l V

ifino.

Miiidi Ml,
April '20,

iM.n I '2,
July --'4,
October •-',
\ov('inl)i'i' I. "5,

U)\»'llll)L'l

.'.»,

l(J;Jl.

Mart'li ■"),
.hiiio '2,
. 1 11110 18,
Si.'|)tL'iiil)cr ■'(,

l(i;i;5.
l)L'cviii!)or*2'J,
l)cri:nil)cr '20,

Ki.'M.

.IllIK' 7,

l(i;{.j.

.laiuuirv (i.
.Iiiiie 8,
June IK
June -JO.
S';ptL'iiil)cr'2(),

I)cC'(llll)Ll' 10,

Diceiuher IJ).

Iti.'iG.
lelnuaiy 17,
lebruary '20,
.liiiie 17,
June IH,

November 21,

Ki.'U.
January l(i,
March 13,
July 31,

Sir Koberl Ifannay, ol' Moclirnni,

.Sir WilliMiii Forbes, of New Craiirjevar,

Sir James Stewart, Lord Ochiltree,

Sir I'eirs CVosbie, .....

Sir Walter t'rosbie, ol'('rt)sbie Park, (\\'icklow,)

Sir Charles St Ksticmie, Sei^fiieur <li; St Deiiiscourt,

Sir James Sibbald, of ItankeiHor SibbaUI.

Sir \\'illiam Murray, of New Dunearn,

Sir i{t)berl lliclianlson, ol' I'cncaitlaiul,

Sir John Maxwell, of I'ollock,

Sir Daviil ('uiiini;liaiii of New Uoberlluiiil,

Sir ih'iiry Wardlaw, of W'ardlaw,
Sir James Sinclair, of C'annisby,
Sir John dordoii, oi' New limbo.
Sir Laclilan Maclean, of Morvarcn,

Sir .lames IJalfour, of Deiniiiln,

Sir David Ciminghaiii, of Auchlnharvie,

.Sir IMiiliberl N'ernate. of t'arletoii, (Yorkshire,) ,

Sir Henry Ihiigham, of C'aslUbar, (Mayo,)

Sir Hector ^lonio, of l'"oiilis,

Sir Alexander I'oulis, of ('oliiitoii.

Sir James Hamilton, of Hamilloii,

.Sir John (lasct)igiie, of Harnebow, ( Vorkshiri',)

Sir Walter Norton, of C'hestone, (.Snilblk,)

.*<ir Arthur Pilkint;ton, of .Stainlie, (Yorkshire,)

Sir Kdward M'iddriugton, of Cairtiiin'ton, (Northiimber

.Sir .lames Hay, of Sinitlilield,

Dame Mary Holies, of C'udworth, (Notts,)

.Sir John Raiiey, of Jlutam, (Kent,)

Sir .loim I'ortescue, of Salden, (Bucks,)
Sir 'riiomas 'riiomson, of Dudiiiffstoii
.Sir John Browne, of Neale, (Mayo,)
.Sir Kdward More, of Longford, (Notts.)
Sir Aiexaniler Abercromby, of Birkenbog,
Sir .lolin Sinclair, of Stevt.'iison,
Sir John Ciirzon, of Kedlestone, (Derbyshire,)
Sir Ciideon Bailiic, of Lochend,

Sir Thomas Nicolson, of C'arnock,
Sir George Preston, of A'alleyfield,
Sir Andrew Ker, of Greenhcad,

New Ih'iitiswick
New Brunswick.
New Brunswick.
New Brunswick.
New Brunswick.
Nova Sc(<tia.
Anticosti.
New Brunswick.
New Brunswick.
Nova .Scotia.
Nova .Scotia.

Nova Scotiu.
Anticosti.
Anticosti.
Anticosti.

Cape Ih'eton.
Cape Breton.

Cape Breton.
Cape Bret«)n.
Cape Bnton.
Cape Breton.

Cape Breton.
Cape Briton.
Cape Breton.
Cape Breton,
and,) Cape Brtton.
Cape Breton.
Cape Breton.
Cape Breton.

Cape Breton.
Cape l}rett)n.
.Vnticosti.
Cape Breton.
Cape Breton.
Cape Breton.
Cape Breton.
Cape Breton,

Cape Breton,
Cape Breton,
Cape Breton.

i\l

rk.

rk.
rk.
•k.

ck.
ck.

Al'PKNUlX.

No. XIV

AsHigiHition 011(1 DiNposHion hi/ Will'iam. ilarl (tf Slirliiii*, to J/naiKtW Kijnncii

and James Ciurdnnn. Sci' p. (i.

Ue it kciid till all men hv tliir present ietteris. u;,, Wiljiani, Krle oJ" Stirliii"
N'iscount orCannade, TiOrd Alexander oC 'I'uliihody and Menstrii'. Secretar to his
Matie for the kin^donic of Seotland. l''()r.s>iineiUle as we luii\e patentis orantit
to ws he his Matie ol' Xova Scotia in America, and for dispoiiinn' and rcsi,"iiin<' ol
eei-tane proportions of land yairol", and proenrin;;' to sindrie persons the inl'eVtmentis
of the sameii Ira his .Matie with the liononr and dinnitie of J\iiychtis IJarionettis.
halve been in vse to <>'ett fra e\ery ane of the reccavers yairof, the sownu of

money of this realme. or yairhy : And
sidyk, forsanieikle as we naive oI)tenit fra his .M;itie he hisllienes ietteri's of <'ift
to ws, oni- airis and assiniiayes, the ^ift of tlw maria<>'e of I'raneis. now Krlf ol
Huckekuieh, ,sone and air to nmqle Walter, Krle of IJuekeleneh, his fatlier. a^
vacand in his Maties liandis in maner mentionat in the gift grantit to ws yairnpon.
witii the haill profUittis and connnodities ol' the said mariau;e : And alse, forsa-
meikle as we hai\e power and eonnnission gruntit to ws he his .Matie. to admitt,
receive, iioinmat, and creat all shireti' elerkis, stewart elerkis. and bailie eleri\is
within the kingdome of .Scotland, as the samcn sail happin to fall and vaik in his
>ratic.s handis. in maner mentionat hiten letteris of nift orautit to ws be his Matie
yairnpon:* And in lyk maner, l'.)i>aineikle as yair is ane contract and api)oynt-
mentniaid betwixt on the ane j)airt.

and Avs, the said ^\'iHiam. Krle of Stirlinj;', on tlie vther pairt, off the dait

be the (pib.ilk contract, we, for the causes
yairiii specifeit, baive bund and obleist us to infeft and sease the saidis

for yamescKIJs. and to the behove
of tbc remanent persons above namit, for yair relieff of yair cautionries, contenit
in the inventar mentionat in the said contract, and payment of yair debtis yairin
>i))ecifeit. in all and sindrie the landis and baronyes of Tullibody, Menstrie, and
Tillicultrie, and vtheris particularlie and <;enerallic mentionat and set doun in the
said contract ; and alse, be the said contract, we halve assignet. transferrit. and
dis))onet to and in favouris of the saidis

for yamcselffis, and to the behove of the remanent persons contracteris abone
namit. the «^ift grantit to ws, of the feu fermes, maills. and dewties of the saidis
lands and barony of Tillicultrie. and of tbe landis of ^Vcstertoun of Tillicultrie,
togidder with tbe fees and casualities of his Majesty's Signet belonging to ws, as

* Litera Domini Wiliielir" Alexander de Menstrie Militis, de Constitutione Clericorum infrn
Vicecomitatus, &c. April IG, lG:i8.

(No. 479. Paper liegiHer, Public Records of Scotland, Edinbiiryh.)

^v:.

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IMAGE EVALUATION
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11.25

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23 WEST MAIN STREET

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APPENDIX.

his INIatics Secrctar of tlic said kingdomc of Scotland, and that in forme and manor,
and vndor the provisioncs, restrictiones, and conditions mentionat in the said con-
tract ; be the quhilk contract, it is speciallie provydit and dccUirit, that the landis,
baroii) cs. and vtheris yairin specifeit, salbc redimable be ws fra the saidis

be releiving of thame and remanent
cautionaris yairin nominat of yair haill cantionries, contenit in the invcntar yairin
specifeit, and be payment making to our creditouris nominat in the said invcn-
taris of yair debtis yairin cxprest auchtand be ws to thame, with the haill aniuiaU
rentis yairof that sail happen to be dew for the same; quhilk being done, it is
provydit be the said contract, that the saidis

salbe haldin to remmcc, resignc, and overgive the samen contract and appoynt-
ment, infeftmentis appoyntit to follov/ thairvpoun, in favouris of ws, our airis and
assignaycs, as the said contract contening the said provisioun of reversioun and
condition foirsaid at niair lenth bciris. And seeing that we (by and attour the
burdingis and debtis contenit in the said inventar) stand trewlie adebtit and
rcstaiid awand to Mr ^Vlcxander Kynneir of Forret, and Mr James Gordoun,
Kcii)ar of his Majcstie's Signet, divers great sowmes of money, alswell anent the
copper coync conforme to the contract past betwixt ws, vmqle William, Lord
,\lexander. our sone and thame, as vtheris great sowmes of money adebtit be ws
to yauicselflfis ; and for quhilk they, at our earnest recpieist and desyre, ar bccuin
bund and obleist as cautionaris and souertics for ws, for payment to our creditouris
nominat in the inventaris underwrittin off the said sowmes of money yairin
spccifiet ; and halve alse advancit and payit to ws sindrie sowmes of money men-
tionat in the saidis inventariseftirmentionat, conforme to the bandisand securities
yairin specifeit, quhilkis liaill cantionries and debtis ar all particularlie mentionat
and set doun in ane inventar yairof, subscryvit be ws of the dait of yir presentis.
and quhilk inventar lies relatioun to this present assignatioun and dispositio\ni ;
and we being most willing and cairfull as equitie and rcssone wald that the
foirnamit personis, our cautionaris for the debtis contenit in the said inventar, be
thankfullie releivit of yair cantionries, and the debtis yairin specifeit, payit to our
creditouris yairin nominat. Thairfor, witt ye avs to halve maid, constitut and
ordanit, lykas we be the tennor heirof, mak, constitut, and ordane the said JNIr
Alexander Kynneir and ]Mr James Gordoun

equallie betwixt yame, and proportionallie amongst yame, their airis and assig-
naycs, our very lawfull, vndouttit, and irrevocable procuratouris, cessioners, and
assignayes, donatouris, and procuratouris, in rem ,suam cum dispositione libera, in
and to the haill compositions and sowmes of money to be procured and receaved
for the propositions of land in Nova Scotia, and dignitie of Knyt IJaronet fra
(juhatsvmeiier persone, or perscms ather in Scotland or Ingland ; and for admitting
and receaving off quhatsvmeuer persone or persons, to quhatsvmeuer shircff
clcrkschip, stewart clerkschip, or bailie clerkschip, within the said kingdome of
Scotland ; and siclyk in and to the foirsaid gift grantit to ws of the mariage of
the said Francis, Erie of IJuckcleuch ; and in and to the haill benefeit, proffeit.
and commoditie that may be receaved be vertew yairof; and alse in and to the

APPENDIX.

jmwisioun aiui conditiouii of rcversiouii, spccifeit and contcnit in tlic said contract
above mcntionat, (juhairby the saidis landis and baronyes of Tullibody. Mcnstrie.
Tillicultrie, and vtheris yairin exprest are appoynted to be rcdinuible be ws in
iriancr yairin contenit ; and in and to the haill clauses and conditions of the said
contract conceaved in our fiivouris. (excepting ahvayesand reservand as is cxceptit
and reserved in the samen contract ;) and in and to all rycht and benefeit conipe-
tt>nt, or that may be competent, to ws yairby, lykas we haive surrogatt, and be yir
presentis surrogattis, the foirnamit persons and yair foirsaidis, in our full rycht.
title, and place of the samen for ever, with power to thanie to ask, crave, receave,
intromet with, and vptak the haill compositions and sowmes of money to be
receaved for ))rocuring of the said dignitie of Knyt Baronet fra quhatsvmeuer
persone or persons, ather in Scotland or Ingland ; and for admitting and receaving
of (juhatsvmeuer persone or persons, to quhatsvnieuer shircff clerkschip. stewart
clerkschip, or bailie clerkschip, within the said kingdome of Scotland, t«)gidder with
the haill proffeittis and commodities of the said Erie of JJuckcleuch, his mariage
tbirsaid, and to sute the benefeit of the reversione and vtheris conditions contcnit
in the said contract conceaved in our favouris, (excepting alwayes as is yairin
exprest and exceptit,) compone, transact, and aggrie yairanent, and if neid beis to
call and persew yairfoir as accordis of the law, and to do all vtheris thingis requisit
in the prcmissis quhilkis we micht haive done oursclflfis befoir the making heirof
Lykas, we bind and obleis ws, our airisand successouris, to resign certane portions
of the saidis landis in Nova Scotia, and to procure from his matie signatouris and
infeftments yairof, with the said honour and dignitie of Knytis Uaronettis. in the
wonted maner to and in favouris of all such persons as the saidis Mr Alexander
Kynneir and Mr James Gordoun

or maist pairt of them sail nominat and appoynt ; and alse to admitt, receave.
nominat, and appoynt, and present sic qualified persons as sal be nominat be thame
or maist part of them, to all shirefF clerkschips, stewart clerkschips, or bailie elerk-
schips, withhi the said kingdome of Scotland, as the samen sail happin to vaik, and
to cans the saidis JNIr Alexander Kynneir and Mr James Gordoun

and yair foirsaidis, to be thankfullic ansuered
and payit of the sowmes of money and compositions to be receaved for the said
dignitie of Knytis Baronettis, and shireff clerkschips, stewart clerkschips, and
bailie clerkschips : And farder, we haive maid, constitut, and ordanit, and be
the tennor heirof mak, constitut. and ordane the saidis Mr Alexander Kynneir,
and Mr James Gordoun,

equallie and proportionallie amongst thame, thair
airis and assignayes, our very lawfull vndouttit and irrevocable cessioneris, and
assignayes in and to the debtis and sowmes of money respective underwrittin.
adebtit to ws in maner and for the causes eftirmentionat, viz. In and to ane band,
maid to us be umqle Sir Richard Murray, of Cokpool, designed yairin Mr
Richard Murray, datit 1625, registrat 19th November.

16.'J2, contening thrie thowsand merkis Scottis principall, and 200 lib. expences,
with the ordinar annuelrent ; to ane vther band, maid to ws be Sir David Home

•'J

/ 1

.3^::

AIM'KNDIX.

'i1

of W'l'ddcrbiiriu'. datit 10 May, 1627, contcnin";' tlirio tlKiwsaiul inorkis SnUtis
|)riiKij)all, 'iOO int'i-kis exiiL'iitvs. with the orilinar anmich-cnt ; to ano vthcr l)aiuJ.
maid tows be Hohert Ihiiee, Tear of Clakmannan, datit '2(5 October, 162.1, eoi»-
teiiiiiu,' thrie thowsand merkis Seottis priiieipall, iiie. lib. expcnecs ; to ane vtlicr
hand, maid to \vs be Alexander Krskeiie of Dim, datit 4 Apryll, Hi.'Jl, contening
thrie thowsand merkis Seottis prineipall. iiie. merkis expences, with tl»c ordinar
ammeh'eiit ; to ane vther band, maid to ws be ItoimaUl. Krle of Aneram, and Sir
Kobert(Jor(h)im, Harronet, datit last .hmij, 1G2.'). eonteninj;- thrie ihowsand merkis
Seottis prineipall. iije. lib. exjuMiees, with the ordinar annuelrent; to ane vther
band, maiil to us be viiKile IJobert. Lord Kirkeudbryt, yairin desi<;ned. Sir
IJobert M'Clellane, datit !J() .May, 1()'J(>, eontenin<r thrie thowsand merkis priii-
eipal, iije. lib. expenees ; to ane vther band, maid to ws be vnujle William, Erie
of Lothiane. datit 18 i\pril, 1(J'J7. eontcnino; tua thowsand merkis pri?ieipal, iie.
merkis penaltie, with the ordinar annuelrent; to ane vther band, maid to ws be
the said vm(|Ie Krle of Lothiane. datit IS Apryll, 1()27. eontenin_<>- elleven hun-
dreth merkis prineij)all, ie. lib. expenees, with the ordinar annuelrent ; to ane
vther blind, maid tows bi' Sir liew \\'allaee of Cragic, datit 2(5 November, Ki'i}),
renistrat ID IJeeember. Ki.'il, eontening- thrie thowsand merkis prineipall. iiie.
nu rkis c^xpenecs. with tlie (M'dinar anmialrent ; to ane vther band, maid to ws be
ilie I'.rle of Lynlyt;4()^\ , datit <) November, 1(132, (juhairby he is obleist to pay to
us the thrid pairt of tua thoAvsand poundis sterling, for the eaus yairin speeifeit ;
and in and to theartieles of ai-uriment i)ast betwixt us. tliair desii>nit Sir William
.Vlexander of Menstrie. Knyt. and the barrouns and ujentlemen of Largis, datit
10 August, KJlJO, reuistrat in the Hookis of Sessioun, ID .Inly. 1().'}4, and in and
to the sown)e of twellV thowsand ))undis Seottis yairin eontenit. (juhilk Sir
'1 honias IJoyd of IJonsehaw, John IJoill oi' l\ell)urne, John IJirsbeane of Jiisehop-
toun. and U()l)ert IJoyd of Cour<^ill. for yamesellHs. and in name of the rest of the
gentlemen, noblemen, that hes the ryeht to the commoditie of Largis. war. be the
saidis artieles. eontent to pay to ws at Mertimes cftir the dait foirsaid of the saidis
artieles. in and to the inliibitioun raisit and exeeut a pon the saidis artieles a«>ainst
the saidis Sir Thomas and Robert IJoydis. with the exeeutiones and indorsationes
vairof, and in and to all vtheris letteris and exeeutoriallis raissit and execiit yair-
A poun, with all that hes followit, or may follow vpon the saidis artieles; and in
and to the sowme ofsevin thowsand nyne hnndretli fourtie sax pundis thrctteno s.
U\. Seottis of bygaine restis of ane /eirlie pensioun of iie lib, sterling, dew to ws
forth of the Kxehetpiir. (juhilk was ])reeeiding- the terme of Mertimes, 1()38 ; and
in and to the said /.eirlie pensioun of 200 lib. sterling, restand awand of the said
terme of Mertimes. 1G,'J8, Witsvnday and Mertimes KJfJJ), and of the .said terme
of Witsvnday nixtoeum, KiK), extending (he saidis haill termcs in Seottis money
to the sowme of

and in and to the .sowme of ellevin thowsand, iiije iiijxx xj lib. i s. 6d. of bygaine
maillis and dewties of our (1. 11,491, 1. 6,

leving and estait restand awand be our ternientis of the croptis and zeirs of CJod

APPENDIX.

1635, 1636, and 1637, conforme to ane particular roll or note bcirand every personc
and debtoiiris name, with the qiiantitie of ills rest ; and in and to the haill furnisliing
and plenishing, to witt, hingings, beddis, with thair courteins, and haill furnitouris
belonging yairto, tabillis, buirdisless or mair, chyris, stoollis, naprie, broddis, ehyn-
neycs, with thair pcrtinentis, and haill remanent f'urnitour presentlie standing and
within that our great ludgeing within the burgh of Stirling, presentlie inentionat in
ane inventar book lyand within the said ludgeing ; and in and to ane vther band
maid to ws be the said Sir Hew AVallace of Cragie, eontcning the sowme of thrie
thowsand merkis principall, and thrie hundrcth pundis of expences, dated the 20 of
May, 1636 zeirs ; and in and to all and sindrie vtheris debtis, sowmes of money,
annuelrentis, and debtis, and vtheris quhatsvmeuer adebtit and restand awand to
ws be quhatsvmeuer maner of way ; and in and to the contraetis, bandis, gilts,
pcnsiouns. and vthcrs writtis, rychts, and securities maid to ws yairancnt ; and
transferris and dispoiis our haill rycht yairof to, and in favouris of^ the saidis Mr
Alexander Kynneir and Mr James (iordoun, andyair foirsaidis, surrogatting yamc
in our full rycht and place of the samen, witli power to thame to a.;k. crave,
receave, intromit with, and vptak the debtis, sowmes of money, annuelrentis, and
others, jiarticularlie and generallie aboue spccifeit, acquittances and discharges
vpon the ressait yairof to mak subscryve and delyver. (pihilk salbe suHicient. corn-
pone, transact, and aggrie yairanent, and, if neid beis, to call and pcrscw tbairfoir,
as accordis of the law, and to do all vther thingis necessar and requisit concerning
the premissis. quhilk we micht halve done ourself befoir the making heirof ;
quliilk assignatioun and dispositioun abovewritten, we bind and oblcis us, our
airis, executouris, and successouris, to warrant to the foirnamit persons, and yair
foirsaidis, to be gud and sufficient in itselff at all bandis, as law will ; provyding
alwaves, lykas it is heirby speciallie provydit. that how soon it sail happin the
saidis Mr Alexander Kyiuieir, and Mr James Gordoun, to be fullie releivit of
vair haill cautionries, contenit in the said inventaris, and of all cost, skaith,
damnage, expences, and interest, quhilkis they, or any of thame, sail happen to
incur thairthrow, and be thankfullie and compleitlie payit of thair debtis and
sowmes of money spccifeit in the saidis inventaris, and adebtit be ws to thame,
with the haill ani.uelrentis thairof that sail happin to be dew for the samen, that
then, and in that cais, and iaimediatlie yairefter, thir pi'esentis salbe null, and of
nane availl, force, strenth, nor effect, fra thynfurth for ever, and the foirnamit
persons salbe haldin and obleist to repone ws in our awin rycht and place of the
premissis eftir they be fullie releivit and payit in maner foirsaid : It is farder pro-
vyding, that the acceptatioun of thir presentis sail nawayes be prejudiciall to the
accepters to vse all vther executioun competent to thame of the law for yair
releif of yair saidis cautionries, contenit in the said inventaris, and for payment of
yair debtis yairin spccifeit as accordis : it is also heirby provydit, that the agsig-
natioun foirsaid to the compositions and sowmes of money foirsaid, to be receaved
for the proportions of land in Nova Scotia, and dignitie of Kny t Baronet, salbe no
let nor impediment to ws to dispone and resigne the said patent, ather to his

— ,p^.=»^-=?*«i»*^

•p-i- ■

APPENDIX.

Matio or any vther, tlie bencfeit and sowmcs of money to be gottin yaiifoir being
alwaycs ai)plyecl to tl>c payment of the debtis, for tlie rcleiff of these (juha ar
ingadgcd as cautionaris for ws in the former contract heir specifeit, and the
siiperphis yairof, and of all vther bencfeit that may aryse to thame, ather be the
said assignatioun, or the first contract, (the cautionaris of the first contract being
always first rcleived,) to be vplift by thame for yair rcleiff; and, finallie. we faith-
fullie bind and obleis ws and our foirsaidis to itcrat, renew, and extend, and
ampliefie this present assignatioun anddispositioun be the advyseof men of judge-
ment, keipand the substance yairof abouewrittin, and to mak and grant all securitie
necessar to the foirnamit persons, and to ilk ane of thame (luhcnsoever they sail
requyre ws for that efl'ect ; and, for the mair securitie, we arc content, and con-
scntis, thir prescntis be insert and registrat in theBookisof Couiisall and Session n,
to haive the strcnth of ane decreit of the Lordis thairof, that letteris of horning on
sax daycs, and vtheris necessar in form as eflleiris. may pas heirvpoun, and
constitutts

our procuratouris.
In witnes quhairof we haive subscryvit thir prescntis with oxn* hand, (writtin be
Patrik Gordoun. servitour to IMr James (iordoun. Keipar of his Maties
Signet,) at Convent Gairdine. the twentie-nynt of January, ini. vie. and fourtie
zeiris, bcfoir thir witnesses, INJr Thomas Manmiiltoun. of liobertoun ; Mr NValtcr
Neischc. shirefF clerk of lladdingtoun ; and John Es(iuyre. servitour to ws, the
said Erie of Stirling.

{Sic suhscnh/fiff.) W. Sterlinf,.
Mr Thomas Hammiltoun. witnes to

Sterlin's subscriptioun.
IVlr AValter Xeische, witnes yairto.
Jo. Squyre. witnes therto.

(February 15, KJlO — Public Records of Scotland, Edinburgh.)

No. XV.

Treaty of Breda, July 21-31, ICC?. See p. 6.

Traite, &c. Art. 10. Le ci-devant nomme Seigneur le lXo\ de la (irande
Uretagne restituera aussi et rendra au ci-dessus nomme Seigneur le Roi Tres
Chretien, ou a ceux qui auront charge et mandement de sa part, scelle en bonne
forme du grand-sceau de France, le ])ays appele I'Acadie, situe dans i'Ameri(iue
Septentrionale, dont le Roi Tres Chretien a autrefois joui ; et pour executer cette
restitution le sus-nomme Roi de la Grande Bretagne, incontinent apres la ratifica-
tion de la presente alliance, fournira au sus-nommd Roi Tr^s Chretien tons les
actcs et mandemens expedids duement et en bonne forme necessaires a cet effet,
ou les fera fournir a ceux de ses ministres et ofliciers (jui seront par lui delegues.

APPENDIX.

5»

No. XV r.

Treaty of liyswick, September 20, lGf)7. See p. 7.

Art. 7. Rcstituft Dominus Hex Cliristiaiiissiimis Doiuiuo Rem Ma<niie
IJritanuiit! oiniic's rcjjfioiu's insulas arcos ct coloiiias ubivis locoriiin sitas qiias possi-
dc'bant Aiioli ante luiju.s pn«;seiiti.s belli declarationcin ; et viee versa Dominus
Rex Mauiue IJritamiiie restituct Doiiiiiio Ueiii Cbristianissiiuo omiKs rcirioiics
insulas arces et eolonias ui)ivis loeoruni sitas (juas possidebant Cialli ante dietani
ojusdem belli deelavationeni.

\o. XVII.

Treaty of Utrecht, April 11, 1713. See p. 8.

Art. 12. Dominus Hex C'hristianissimus. eodem quo pacis pnesentis ratiliabi-
tiones eommutabuntur die. Dominu' Hcyina' Maj^na; Britannia* literas tabu las ve
.solemnes et autlienticas tradendas eurabit, quarum vi<j;ore insulam Saneti C'lnisto-
phori per subditos Britannicos sigillatim deliinc possideiulan). Novam Seotiani
<luo<iue sive Acadiam totam. limitibus suis antiquis comprehensam, lit et Tortus
Ucgii urbein nunc Annapolim Uegiani dictum, ca-teraquc omnia in istis regioni-
bus qua" ab iisdem tcrris et insulis pendent, inia cum earundeni insularum
terrarum et locorum dominio proprietate possessione et quocunque jure sive per
pacta sive alio modo qu(esito, quod Rex Christianissimus, Corona (ialliio, aut
ejusdem subditi quicunque ad dictas insulas terras et loca eorumque incolas
hactcnus habueru^.^ Uegina> Magn.'c Britannijp, ejusdemquc C^oronas in per-
petuum cedi constabat et transferri, prouteadem omnia nunc cedit ac transfert Ilex
Christianissimus.

No. XVIIl.

Treaty of Paris, February 10, 1763. See j). 8.

Art. 4. His most
heretofore tor

s most Christian Majesty renounces all pretensions which he has
licit iwiw.t »w.med, or might foi*m, to Nova Scotia, or Acadia, in all its parts, 'and
guarantees the whole of it, and with all its dependencies, to the King of Great
Britain : Moreover, his most Christian Majesty cedes and guarantees to his said
Britannic Majesty, in full right, Canada, with all its dependencies, as well as the

"S ii -V.awi,***.: -Wm"

■k'Snu^HNK'^ea

-'■*^.

APPENDIX.

island of Ciipe Breton, and all the other islands and coasts in the gulf and river
St liaurence; and, in general, every thing that depends on the said countries,
lands, islands, and coasts, with the sovereignty, property, possession, and all rights
ac(|uircd hy treaty or otherwise, which the most Christian King, and the Crown
of France have had till now, over the said countries, islands, lands, places, coasts,
and their inhahitants.

No. XIX.

Record Translation of Grants by Sir William Alexander, to Sir Claude St

Estienne and Charles St Estienne.
Records of Suffolk County, Massachusetts, Lib. No. 3, fo. 265. ( Sec p. 12.

In the name of Clod, Amen. Know all those who these letters pattcnt shall see
or shall heare read, that upon this present thirtie day of Aj)rill, in the yeare of
our Lord one thousand sixe hundred and thirtie, before me, .losli. Maynet, notary
and tabellion royall, dwelling in London, admitted and sworne by the authoritie
of oin- sovereign lord the King, and in the presence of the witnesses hereunder
named, were present in person, my Lord ^^'illialn .(Vlexander, Knight, Lord of
ISJcnstrie, and Chief Secretary of State for the Kinguome of Scotland for his said
JMajestie of Great liretany. Privy Councillor of State, and Lieutenant unto his
.said JMajestie in New Scotland in America, on the one parte, who haveing, by
letters-pattents from his said Majestie, under the Great Scale of Scotland, the
donation of all the said countrey of New Scotland, called by the French the
countrey of -(Vccadye in America, unto him and his heyrcs in fief and perpetuall
inheritance, bearing date the tenth of the moneth of September, in the yeare one
thousand six hundred twenty and one, he hath, out of the respect and amitie which
he beareth unto Sir Claude de Sainct Estiemie, Knight, Lord of la Tour and of
Vuarre, and unto Charles de Sainct Estienne, Esq. Lord of Sainct Denicourt, his
soime, on the other part, the said Sir Claude de St Estienne being present accepting,
and by these presents stipidating, for his said sonne Charles being absent, and for
thelre lieyres, and as well for the merit of theire persons, and for theire assistance to
the better discovery of the said countrey, and upon other consideracons, the said
Lord Alexander hath given, and by these presents franckly and freely doth give
unto the said Knight De la Tour, and unto his said sonne, and unto theire heyres.
they seeing cause perpetually and for ever to dispose of, as of theire own property,
true and loyall acquest and conquest, all the countrey, coasts, and islands, from
the cape and river of Ingogon, nere unto the Cloven Cape, (Cap Fourchu,) in
the said New Scotland, called the coast and countrey of Accadye, following the
coast and islands of the said countrey towards the east, unto Port De la Tour,
formerly named TOmeroy, and further beyond the said Port, following along the
said coast unto Mirliguesche, {hod. Lunenburg,) nere unto, and beyond the Port

i«lHpaMi'

APPENDIX.

(il

and Cape of L'llcvc, drawinij forward fifteen leagues within the said lands
towards the north, of all the which said lands and seas, the said Knight l)e la Tour
and his sonne, shall receive all the fruits, proKts, emoluments, that may proveJie
generally, and whatsoever, as of theire owne proper and loyall actpiest. in all right
and jurisdiction, and privilcdges whatsocver^'as nnich or more then any Manpiiss,
Krle, or IJiuvtii holds, or ravscth from the Crowne of Scotland accordlnj; to the
laws or letters patients unto the said Lord ^Vlexander, and unto them graunted
hy the Kin-^sof Scotland, within the which countrey, lands, and seas ahove named,
they may make, huild, and erect villages, townes, and castles, and fortresses, as
they shall see good, which said Knight I)e la Toiu', and his said sonnc shall hold
and enjoyc, all the said countrey here above, within the said limits named, from
the King and the succession of the said Crowne of Scotland in fief and title of
honour and right of inheritance, (which) the said Sir William Alexander to them,
hy vertue of the power to him hy the said pattents given, hath erected and entitled
hy two harronies, namely, the Harrony of Sain'ci' Es riKXN'i;, and the Harrony of l)r
I. A Tocu. which may he limitted and homuled eijually hetucene the saij Knight
De la Tour and his said sonne, if they shall see cause, upon condition that the said
Knight I)e la Tour and his said sonne, as he hath i)romise(l, and for his said sonne
hy these presents doth promise, to he good and faithful! vassalls of the said Sove-
raigne Lord, the King of Scotland, and theire heyres and successors, and to give
unto him all obedience aiid assistance to the reduceing of the people of the said
countrey, and to entertaine good amitie and eorrespondencie with the said Lord
Alexander and his heyres, and all his subjects which there shall be ])lanted and
resident, and shall maintaine good and faithfull societie aud union, and the respect
due unto the said Lord AlexaJider, as unto the Lieutenant of the King, the said
Lord Alexander promiseing also on his part, amitie, societie. correspondency,
assistance, and protection from his said Majestic, and from himselfe his Lieutenant.
I"'urthermore. and over and above, the said Lord ^Vlexander graunteth unto the
said Knitjht l)e la Tour and unto his said sonne, and unto theire hcvres and
successors, and assignees, for ever, the right of admiraltie in all the extent of
theire said lands and limitts; the said Lord Alexander and Knight De la Tour
to hold and fulfill the contents of what is above, without ever in any sort what-
soever violating thereof, and upon the obliging of all theire goods j)resent and
to come upon the penaltic of the ordinances appointed by the lawes established
on the one part, and the other, to the vicJater hereof; the said Lord Alexander
promiseing, over and above, to make, or cause to be made, more ample writing in
good and due forme, according and conformably unto the said letters pattents
unto him graunted by his said JNIajestie, whereof a coppy eollationed with ^ the
originall shall be given unto the said Knight De la Tour and his said somie. ^Vnd
the said Lord Alexander shall cause these presents to be agreed unto, and ratified
by his said Majestie imder the Great Seale of Scotland, if need shall require. Li
witness of the truth hereof, there are two writings of the same tenor made and
indented, which each partie hath respectively signed, sealed, and delivered. This

rr'-TL.

ti-J

APPENDIX.

made and passed in Martin's Lane, ncri* unto this cittie of London, in the pre
smcf of Sir Alexander Strachnn Haronet of Thornton, George Antjush. Peter,
James, and llichurd (irimes, witnesses liereunto called and admitted

(Signed.) W. ALEXANDEU. A little seal.

A. Straelian
Uieli. (irames
The mark ^V of

George Angush
In testimony of the
premises, I, the above
named n«>tary, being
required, luive signed
this present instrmnent
with my mnmiall usiiall
signe. I doe approve
of these words, (theire
lieyres and Rieh. (irimes,)

Peter James

A great seale in
green wax affixed,
and pendant below.

Dfing

interlined.

Endorced.
Wee. the under signers, doe certifie, that Josh. Maynet, who hath under-
signed this instrument here before written, with his owne hand, is a Xotary'
Koyall dwelling in London, by the authoritie of the King, our Soveraigne, swo'rne
and admitted, and that full faith and eredit ought to be given both in^jud.rcment
and out of the same, unto the acts, instruments and other writin<rs, by tiim so
undersigned. Made at Loiulon the yoth day of Aprill, 1630. ^ ' •

(Signed) Cauolus Demktiiius, Xot. Pub.
Tiio. I)e Waixter, Not Pul).

This deede before mentioned, being translated, hath beene read and compared
vvitiv the originall in French by me, and I find it no way differing in substance
therefrom. <>7. C. 1659. (27th Augt.)

(Signed) Jo. Endi^cott, (iovernor.

[The foregoing Record has not the signature of the person of whom it is
certified, that he is a " Notary Royall;" but the Record of " the originall in
French," (which now is hardly, if at all, legible, on account of the peculiarity of
the orthography, and numerous contractions,) is signed Joshua Maniet Not
Pub. Cur. 1630.] * '

{Hazard's Collections, p. 307.)

Al'l'ENDIX.

(«J

irc-
:cr,

Icr-
;«rv
riif
['lit

red

ICO

ot.

No. XX.

Pafi'nt hi) irhirli John Browne, jjounger of the Neafe, irns creai«'d ft Baronut of
Nom kaolin, hjf fViUinm I "iscount Stirling. 17th Juno, 1 ().'{(). Sec j). I'J.

\W\ William \'iscoiint .Stirling. &t'. Propnctor of the country of New Scotland
and Canada, and liis Majesty's Lieutenant within the same, Forasmuch as by the
feoll'ment <franted to me by our late Soverei<>n, Kin^ .lames, and by our So\e-
rei<^n. Kin^- Charles, I have full power to dispose of any part thereof to such as
do undertake to plant there ; and understandinj^ the willin<^ncss of John Ilrowne.
Ksciuire. eldest s»)n to .fosias IJrowne, of the Neale, in Ireland, for the advance-
ment of the said plantation, we have {^ranted unto the said John Ihowne, and to
his heirs male, lawfully descended of his body, that part of the said country of
New Scotland bounded as follows : Heginnin';' twelve miles from the northern-
most part of the Island Anticosti, within the gulph of Canada, extendin<;
westward alonjjj the north side of the island six miles, and from thence northward,
keepins^ always three miles in breadth ; to have the salmon, and other fishings,
as well in salt as i'resh water: And I do hereby incorporate the said proportion of
land into a free barony and regality, to be called, in all times, the Rarony and
llegality of Ni:ai-e. To hold the same, by the yearly payment of one i)eimy, usual
money of Scotland: i\nd whereas, I have full power and authority granted to
me by his INIajesty, to confer titles of honour within the said country of New
Scotland, upon all persons concurring to the advancing of the said plantation
thereof, I do confer upon the said .fohn IJrowne. and his heirs male, lawfully
descended, or to be descended, of his body, the hereditary dignity and style ol
Karonet of New Scotland, witli all and sundry prerogatives, privileges, prece-
dencies, conditions, and others, whatsoever, that any Baronets of Scotland or New
Scotland have had at any time granted to them : And we give and grant unto
the said Sir .lolm Browne license to wear and carry an orange tawny ribbon, 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, Fax Mentis
HonesttP (iloria.

Sealed with the (ireat Seal of New Scotland, 21st .Func, 1636

( Collin.^' Peerage of England — Sir Egerton Bnjilgen' Continuation. \o\. 9. p. 276.)

tHmmm

AITENDIX.

No. XXI.

.ict liniij'ijing and Approving the Trent if of Vniun of the two Kingdoms of

IScothtnd find Enghind.

Januauy 16. 1707.

Sec pngc 13. at to Privilege of export and import.

VI. Article. That all parts of the United Kinjjdoin, for ever from aiul after
the Union, shall have the same allowances, enc(nira<^emcnts, and drawbacks, and
he imder the same prohibitions, restrictions, and re«;ulations of trade, and liable to
the same customs and duties on import and export ; and that the allowances,
encomagcments, and drawbacks, prohibitions, restrictions, and regulations of trade,
and the customs and tluties on import and export, .settled in England when the
Union commences, shall, from and after the Union, take place throughout the
whole United Kingdon, excepting and reserving the duties upon export and import
of such particular connnodities from which any persons, the subjects of either
kingdom, are specially liberated and exempted by their j)rivate rights, which after
the Union are to remain safe and entire to them in all respects as before the
same.

: '.uf

XVIII. That the laws concerning regulation of trade, customs, and such cxci.ses
to which Scotland is, by virtue of this treaty, to be liable, be the same in Scotland,
from and after the Union, as in England ; and that all other laws in use within
the kingdom of Scotland, do after the Union, and notwithstanding thereof, remain
in the same force as before, (except such as arc contrary to, or inconsistent with,
this treaty.) but alterable by the l*arliament of Great Britain ; with this difference
betwixt the laws concerning public right, policy, and civil government, and those
which concern private right, that the laws which concern public right, policy, and
civil government, may be made the same throughout the whole United Kingdom,
but tliat no alteration be made in laAvs which concern private right, except for
evident utility of the subjects within Scotland.

(Acts of Parliament.)

AJM'LN'DIX.

No XKII.

Di'scn'plioii of the Offices f^rmitcd hif the Charters of A'^t'" ^^cotia.

Sec |)|). 1-. I'i.

Ills Ma.if.sty's LitUTr.NANT-(iKNKUAi.— Lord Licuttnaiit. X'itcrov. and
tk-ncral (iovonior of the country and its Inliahitants ; lia\in;u tlu- rxceutivc
authority in all matters, civil, military, Isn:.

.rrsTiCE-(iKM;uAi.— I'rcNidcnt of the Sii|)rcnu' Criminal C'omt.

Hi(;n.Ai):\miAi.— His Majesty's I/ientenant and .lustice-Ciencral upon the
s<'as, and in all i)orts. liarbouiN. Or ereoks of the same, and upon Iresh waters tir
navipd)le rivers bilow the lirst bridges, or within the tiood marks. 1G81. c. lO.

I.oui) or llnoAMTV — (;rantce fron> the Kinj,' of rights of lands subject to a
special and extraordinary jurisdiction, in eontradisthietion to lands subject to the
rcndar and ordinary administration of justice by Shcrilfs.

STinvAUi) Having the care of the oflicial persons serving innuediately under

the Crown.

Cjianceli.or Is bv Act of Parliament, and in virtue of his office, to preside

in all public judicatories where he is present, the Exchequer excepted. 1661. c. 1.

TiiEASUUEii — Was declared, 1663, President of the Court of Exchequer. He
is to receive the casualties arising to the King, either as Sovereign, or as feudal
Superior.

CoMrTitoi.i.EU — An officer of the Exchequer ; to levy the rents of the Crown
lands, borough rents and customs, and examine the Sheriffs' accounts.

CoLi.ECToii — (Of the New Augmentations.) — Another officer of the Exchequer.

Secretary — (Of the Province ) ,

Advocate or Attorney-General — Public Prosecutor.

Clerk-Register — Keeper of the Public Records.

Justice-Clerk — President of the Supreme Criminal Court, in the absence of

the Justice-General.

t>4

i'-m

mwKmpHWpwSWSTL i Lii,

.M~M»fi

APPENDIX.

DinF.CTOR 01' CiiANCF.iiY — Is to (Hvcct ])re(rpts ujumi a rctoiir. provided tirey
who wore iipon tlie iiKpicst or jissi/e depone in favour of him who raised tlic
brieve, that the lands and tenements contained in the retour arc in the hands of
the King, or of anotlier overlord, by the decease of liini to whom he claims to be
nearest and lawful heir. Uobert 111. c. 1.

CoxsEiivATon or Coxskuvators or rRivii.i'CF.s — of the i)rivi]c<>es of merchants
of Nova Scotia. This Ofliccr's jini.sdiction was nuniiestly intended to be according
to the pattern of the Court of the Conservator of Scots Privilej^es at Campvere,
in the Low Countries. The latter was to '* have jurisdiction to do justice among
nicrchants. our Sovereign Lord's lieges, that is to say. betwixt merchant and
merciiant, in pints beyoi.d sea; and that the said conservator proceed not upon
any matters, but if there be six of the best and n)ost honest merchants of most
knowledge of the realm, they shall sit and iiave power Avith him, and if there be
not to the number of six, that there sit four merchi.nts with him at the least, that
shall have such like power will; him to minister Justice; and that no merchant
pursue another before another jndge beyond the .sea, under the pain of £5, to be
paid to the King by the pursuer, and payment of the expenses to the party
pursued." 150:3, c. 81.

" ^VU clerks of the cocquet shall particularly expreeme (express) and specify in
the cocquets given by tliem, the particular quantities of the goods and merchan-
dises; the special kinds and sorts thereof; tlie names of the n)erchants and
owners of the same ; how much of the same goods pertains to each merchant ;
and that the conservator in the Low Countries do not admit or allow any cocquet,
except it be written and formed in manner foresaid, but shall confiscate all the
said goods not exprecmcd particularly as said is, and make count and reckoning
theicof yearly to the treasurer, as he will answer upon his office." 1.597. c. Ii59.

" The conservator shall fence and arrest i'll ships not having a cocquet, or not
having a cocquet formally written, and escheat the whole goods and gear being in
the said ship to our Sovereign Lord's use. and make count thereof yearly in the
Exchequer to the treasurer." 1.197, c. 260.

" The conservator shall not loceive or admit any cocquet, although the same be
lawfully given, except the merchants, skippers, factors, and every one of them,
before the loosing of any of their goods, make faith, and swear solemnly by God
liim.self, his Creator, that he has no forbidden goods or gear, nor any other laivful
merchandises, besides that which is cotitained in the cocquet, nor knows of any
to be in the same ship pertaining to others, and that, so far as he ujiderstands, the
whole goods and gear pertain properly to freemen, and no part thereof to unfree-
men : As also, at their back returning from the Low Countries towards Scotland,
they shall likewise give their solemn oaths, before the lading of the ship, or
inputting of any goods, that the goods properly pertain to themselves, and not to
strangers ; and if they loose any goods and gear coming from Scotland, before the
giving of the said oath, or put any goods in ship board to be transported towards

APPENDIX.

Scotland, nil tlic snine goods to be confiscated ; and if the said oath bo refused hy
tiieni nil, and they no wise will make the same, it shall be Icasinn (allowable) to
the conservator to arrest the said shi[), and all the goods contained therein ; and
if some niake oath, and others refuse, he shall arrest all g»)ods pertaining to the
party reliising, and make count thereof as said is; and whatsoever goods are not
contained in the coccjuet. to be confiscated as said is." l.jj)7. c. i2l)].

'• Kvery particular merchant coming forth of the I^ow Countries to this realm,
shall give up to the conservator the special quantity of his goods, and the cjuality
thereof, before the embarking of the same goods, under the pain of confiscation
thereof; and the conservator to inspect and try the same at his pleasure, to the
effect that he may send home a cocquet of the same, particularly to his Majesty's
treasurer, subscribed by himsolf or his deputy, lor eschewing of the fraud which
may be used towards his Majesty in his custouis." 1597, c. 'JO-i.

"An inc«)rporaiion shall be n)ade of this nation and privileges thereof, specially
ordaining, that vihatsoever jieison resident or remaining within the parts foresaid,
(the parts of the Low Countrits wliere this nation keeps their staple.) intending to
use factory or any other trade with the said nation, and willing to enjoy the fruit
and commodity of the said privileges, in whole or in part, shall give his otith oi'
obedience to the King's ^lajesty and his laws, before his liighness's conservator,
resident in the said Low t'ountries, and shall pay, for his entry, to the King's
Majesty's use, ten pounds Flemish : As also, shall be ready to underlie (submit
to) all such charges and coM)mandments, as shall happen to be directed and come
from his Highness, in the same form and nianuer as if they were dwelling in
Scotland; and who refuse to give the said oath, and pay the said entry, that they
shall be called by the said conservator, and upon their refusal or delay, deprived
to have, or enjoy therealter, any benefit of his JNLijesty's subjects ; and that none
of his liighness's subjects have trade, traflick.. or use of factory, with any the
persons so deprived thereafter, under the same pain." 1579, c. 96.

4
-■v|

the

No. XX in.

An Act for mal'lng more effectual provision for the government of the Province of
Quebec in Xorlh America. 14 Geo. IIL cap. 8.3. See p. iS.

Section 3. Provided always, and be it enacted, that nothing in this act con-
tained shall extend, or be construed to extend, to make void, or to vary, or alter
any right, title, or possession, derived under any grant, conveyance, or otherwise
howsoever, of or to any lands within the said province, or the provinces thereto
adjoining, but that the same shall remain, and be in force, and have effect, as if
this act had never been made.

{Statutes at large.)

^" ?ViM ^IWl

APPENDIX.

No. XXIV.

Orant hy James Farrett, deputy of the Earl of Stirling, to Thoynas Mayhew,
elder ayid younger, of Santucket Islayid. See p. 21.

These presents do witness, tluit I, .lames Farrett, gentleman, who was sent
over unto these parts of .^Vmerica by the Honourable liord Sterling, with a
commission for the ordering and disposing of all the lands that lie between Cape
Cod and Hudson's river, and have hitherto continued my agency without any
contradiction, do hereby grant unto Thomas Mayhew, of AVater Town, n)erchant.
and to Thomas Mayhew, his son, free liberty and full power to them and their
associates to plant and inhabit upon Nantucket, and two other small islands
adjacent.* and to enjoy the said islands to them, their heirs, and assigns for ever ;
pnnidcd that they, the said Thomas Mayhew, and Thomas Mayhew. his son. or
either of them, or their associates, do render and give yearly unto the Honourable
the Lord Sterling, his heirs and assigns, such an acknowledgment as shall hv
thought fit by John >Vinthr()p the elder. Esquire, or any two JNIagistrates in the
Massachusetts Bay, being chosen for that end and purpose by the Honourable
Lord Sterling or his deputy : And by the said Thomas Mayhew, and Tliomas
Mayhew, his son, and their associates, it is agreed, that the government that th(
said Thomas Mavhew, and Thomas Mayhew, his son, siiall set up there, shall be
such as is now established in the Massachusetts aforesaid ; and that the said Thomas
Mayhew, and Thcmias INIayhew, his son, and their associates, shall have as much
privilege, touching their j)lanting inhabitants, and enjoying of all and every part
of the premises, as by patent is granted to the patentees of the Massachusetts
aforesaid, and their associates. In witness whereof, I, the said James Farrett,
have hereunto set my hand and seal, this 13th day of October, 1641.

(Signed) James Faurett. (L. S.)
Signed, sealed, and delivered
in presence of us,

Robert Carne.

Nicholas Davinson.

Robert Stileinan.

{Records of Town of Nantueket.)

* The islands of Tuckanuck and Muskcget, lying between Nantucket and Martha's Vineyard.

II '

APPENDIX.

(;;t

No. XXV.

Patent hij King Charles the Second of England and Scotland to hU Royal
Highness, James, Duhe of York, of the Province of New Yorh. See p. 21.

CiiAULES the Second, by the jjjrace of God King of England, Scotland, France.
and Ireland, Defender of the Faith, c^e. To all to whom these pre.sent.s sliall couu'.
(ireeting : Know yee tliat we. for <livers good causes and considerations, us
thereunto nioveing, liave, of our speciall grace, certaine knowledge and nicer
motion, given and graunted, and by these presents, for us. our heircs and
successors, do give and graunt unto our dearest brother .James, Duke of 'N'orkc,
his heires a)ul assignes. all that ])art of the Maine land of Xew England, begin-
ning utt a certaine place called or knowne by the name of St Croix, next adjoining
to New Scotland, in America, and from thence extending along the sea coi'.st
unto a certaine place called Petnaquine or Pemaquid. and so up the river thertt^i
to the furthest l»ead of the same, as it tendeth northwards, and cxteiuling from
thence to the river of Kenebeque, and so upwards by the shortest course to the
river Canada nortliwards ; and also all that island or islands commonly called by
the severall name or names of ^leitowacks or Long Island, scituate. lying am!
being towards the west of Cape Codd and the Narrhaghgansetts. abutting upon
the Maine land between the two rivers there called or knowne by the several!
names of Conecticott and Hudson's river, together also with the said river called
Hudson's, and all the land from the west side of Conecticott to the east side of
Delaware Bay ; and also all those several islands called or knowne by the name of
Martin's Vineyards, and Nantukes, otherwise Nantuckett, together with all the
lands, islands, soyles, rivers, harbours, mines, mineralls, quarrycs, woods, marshes,
waters, lakes, fishing, hawking, hunting, and fowling, and all other royall profitts.
commodities, and hereditaments to the severall islands, lands, and premisses
belonging and appertaining, with their and every of their appurtenances, and all
our e3tate, right, title, interest, benefitt, advantage, claime, and demand of, in. or
to the said lands and premisses, or any part c^r parcell thereof, and all the rever-
sion and reversions, remainder and remainders, together with the yearly and other
the rents, revenues, and other profitts of all and singular the said premisses, and
of every part and parcell thereof, To liave and to hold all and singular the said
lands, islands, hereditaments and premisses, with their and every of their appur-
tenances hereby given and graunted, or herein before mentioned to bee given
and graunted unto our dearest brother James, Duke of Yorke, his heires and
assignes, for ever, to the only proper use and behoofe of the said .lames. Duke of
Yorke, his hxlres and successores, as of our manner of East Greenwich, in our
county of Kent, in free and common soccage, and not in capite, nor by knight
service : Yeilding and rendring, and the said James, Duke of Yorke. doth, for

-u&:Tail^

APPENDIX.

♦ -' i

(I':

liimsflf, liis lieires inul assij^nos, covenant and promise to yciUlandrcndor unto us,
our liciii's and successors, of and for the same yearly, and every year, forty heaver
skinns. wlien they shall he denianilcd. or within ninety days after: Aiid wee do
furtlier of our speciall grace, certaine knowledge, and nicer motion, lor us, our
hcircs and successors, give and graunt unto our said dearest hrothcr .Tames, Duke ol"
Yorke, his heires, (]ej)\ities. agents, commissioners, and assigncs, hy these presents,
fvdl and iihsolute power and authority to correct, punish, pardon, governe, and
rule, all such the suhjects of us, our heires and successors, as shall from time to
time iidventure thems?lves to any of these parts or places aforesaid, or that shall
or doe att any time hercatter inhahitt wiiiiin tlie same, according to such laws,
orders, ordinances, directions, and instructions as, hy our said dearest hrothcr or liis
assitrnes, shall he estahlished, and in defect thereof, in cases of necessitv, accordin«>-
to the good discretions of his deputies, commors, oHicers, or assignes, respectively,
as well in all cjises or matters capitall and criminall as civill, hoth niarrine and
others, so always as the said statutes, ordinances, and proceedings Ik- not cotitrary
to, but as neer as conveniently may bee agreable to the lawes, statutes, and
governments of this our realme of England, and saveing and reserving to us, our
heires and successors, the receiveing, lieareing, determining, of the appeale and
appealcs ot all or any ])erson or persons of, in, or belonging to the territoryes or
islands aforesaid, in or touching a)iy judgment or sentence to bee there made or
given : And furtlier, that it shall and may be lawfull to and for our said dearest
hrothcr. his heires and assignes, by these presents, from time to time, to make,
nominate, constitute, ordaine, and conlirme, by such name or names, stiles or
stile, as to liim or them shall secme good; and likewise to revoke, dischartre.
change, and alter as well all and singular governours, oflicers, and ministers,
which hereafter shall bee by him or them thought litt and needfuU to be made
and used within the aforesaid parts and islands. A\u\ also, to make, ordaine, and
I'stablish his manner of orders, lawes, directions, instructions, formes, ceremonyes
of government and magistracy, fitt and necessary for and concerning the govern-
ment of the territoryes and islands aforesaid, so alwayes as the same be not
contrary to the lawes and statutes of this our realme of England, but as neer as
may be agreeable thereunto; and the same att all times hereafter to put in
execution, or abrogate, revoke, or change, not only within the precincts of the
said territoryes or islands, but also upon the seas, in goeing and comeing to and
from the same, as hee or they, in their good discretions, thinke to be fittest for the
good of the adventurers and inhabitants there: And wee doe further of our
speciall grace, certaine knowledge, and meer motion, graunt, ordaine, and declare,
that such governours, oHicers, and ministers, as from time to time shall be
authorised and appointed in manner and forme aforesaid, sliall and may have full
power and authority to use and exercise marshall law, in cases of rebellion,
insurrection, and mutiny, in as large and ample manner as our lieutenants in our
counties within our realme of England have, or ought to have, by force of their
commission of lieutenancy, or the law or statutes of this our reahne : And wee doe

APPENDIX. 71

fintlior, hv tlicso presents, for ns, our lieires and successors, j^rannt unto our said
de.irest brother James. Duke of Yorke, liis lieires and assi_<;iKs, in liis or their
discretion, from time to time, to adinitt such, and so many person or ))crsons, to
trade, traflieke unto and within the territoryes and ishrnds aforesaid, and into
every, or any part or parcell thereof, and to have, possesse, and injoy any hmds or
hereditaments in the parts and places aforesaid, as thoy shall thineke fitt, aeeordiiif-
to the lawes, orders, constitutions, and ordinances, by our said brother, his heires.
deputies, commissioners, and assii>nes. from time to time, to be made and
estabbshcd by virtue of, and acc()rdin<>; to the true intent and meaning- of these
presents, and under such conditions, reservations, and agreements, as our said
dear brother, his lieires or assignes, shall sett, ordaine, order, direct, and ajjjioint,
and not otherwise, as aforesaid : And wee do further of our sj)eciall grace, certainc
knowledge, and nicer motion, for us, our lieires and succcssorcs, give and graunt
to our said dear brother, his lieires and assignes. by tiiese presents, tliat it shall and
may be lawfull to and for him, them, or any of them, att all and att everv time
and times hereafter, out of any our realmes or dominions w hatsoever, to take,
leade, carry, and transport, in and unto tlieirc voyages for and toAvards the
plantations of our said territoryes and islands, all such and so many of our loveing
subjects, or any other strangers, being not prohibited or under restraint, that will
become our loveing subjects, and live under our allegiance, or sliall Avillinglv
assist them in theire said voyages, together Mith such cloathing. implements,
furniture, and other things useally transported, and not prohibited, as shall be
necessary for the inhabitants of the said islands and territoryes. and for their use
and defence thereof, and inunnaging and carrying on the trade Avith the people
there, and in passing and returning to and fro, yeilding and jjaying to us. our
heires and successores, the customes and dutyes therefor due and payable
accordiuff to the lawes and customes of this our realme : ^Vnd wee doe also, for
us our heires and successors, graunt to our said dearest brother James, Duke of
Yorke, his heires and assignes, and to all and every such governor or governors.
or any other officers or ministers, as by our said brother, his heires and assignes,
shall be appointed to have power and authority of government and command in
or over the inhabitants of the said territoryes or islands, that they and every one
of them shall, and lawfully may, from time to time, and att all times hereafter
for ever, for their severall defence and safety, encounter, expulsc, and resist, by
force of amies, as well by sea as by land, .nr.d all waycs and meaiies Avhatsoeveir.
such person and persons as, without the licence of our said deare brother, his heires
and assignes, shall attempt to inhabit within the several precincts and limits of
our said territoryes and islands, and also, all and every such person and persons
whatsoever, as shall interfaire or attempt, att any time hereafter, the destruction,
invasion, detriment, or annoyance to the parts, places, or islands aforesaid, or any
part thereof: iVnd lastly, our will and pleasure is, and wee doe hereby declare
and graunt, that these our letters pattents, or the inrollment thereof, shall be
good and effectual in the law, to all intents and purposes whatsoever, notwith-

iMM

APPENDIX.

■< /> ;

standing the not rccitin'; or mentioning of the premisses, or any part thereof, or
the nieeths and bounds thereof, or of any former or other letters pattents or
graiints heretofore made or «;raunted of tjjc premisses, or of any part thereof, by
us, or any of our jM'ogenitors, unto any other person or persons whatsoever.
bodycs politifiue or corporrte, or any act, hiw, or any other restraint, ineertainty,
or im])erfeetion Avhatsoever, to tlie eontrary in any wise notwitlistandinfr,
altliough expresse mention of the true yearly value or certainty of the premisses,
or of any of them, or of any other gifts or graunts by us, t)r of any of our pro-
genitors or predecessors heretofore made to the said James, Duke of Yorke, in
these presents is not made, or any statute, ordinance, provisi )n. proclamation, or
restriction, heretofore, had, made, enacted, ordained, or provided, or any other
matter, cause, or thing whatsoever, to the contrary hereof, ii'. any wise notwith-
standing. In witness whereof, wee have caused these our letters, to be made
pattents. AVitnesse ourseli'es att Westminster, the 12 day of March, in the l6th
year of our reign. (1C64.)

By the King

(Signed)

Howard.

{Historical Library, Neiv York. Stirling ]\LSS. and Papers.)

No. XXVI.

Memorandum in respect to the Lands in Maine. See p. 2'2.

Amount of sales and grants of lands from 1791 to 1st June, 1813 : —

Sold, 3 millions, 790,381 acres, for D.1,085,915, 62 cents, after deducting
D.55, 281, 71 cents for expenses, producing, on an average, 28 cents
per acre.
Gianted to colleges and academies, &c. 969,794 acres.
Total, 4,760,175 acres.
Remaining reserved, about 8,646,000 acres.
INIuch the largest quantity, and the best of the public lands, are situate about
the head waters of the Kenebeck and Penobscot rivers, and in the neighbourhood
of the British settlements on tlie St John's and Chaudier rivers.

{Commonwealth of Massachusetts, 1814. Eeport from the Committee
on the 3Ianagement of the Lands in Maine.)

APPENDIX.

No. XXVI 1.

Grant hy James Farrett, deputy of the Earl of Stirling, to Lieutenant Gardiner,

of Gardiner's Island. See p. 23.

Know all men whom this present writing may concern, that I, James Farrett,
of Long Island, gent, deputy to the lliglit Honoiirahle the Karle of Starling,
secretary for the kingdome of Scotland, doe, by these presents, in the name and
bchalfc of the said Earle of Starling, and in my owne name also as his deputy, as
it doth or may conccrne myselfe, give and grant free leave and liberty to Lion
Gardiner, his heirs, executors, and assigncs, to enjoy that island which hee hath
now in possession, called by the Indians, Manchonack ; by the English, the Isle of
Wight ; I say, to enjoy both now and for ever ; which island hath been purchased
before my coming, from the auncicnt inhabitants, the Indians ; nevertheless,
though the said Lion Gardiner had his possession first from the Indians before my
coming, yet is hee now content to hold the tenor and tytle of the possession of the
aforesaid island from the Earle of Starling, or his successors whomsoever, avIioo
hath a grant from the King of England, under the great scale of the aforesaid
kingdome : I3e it knowne, therefore, that I, the said James Farrett, doe give,
and hath given, free liberty and power to the said Lion Gardiner, his heirs,
executors and assignes, and their successors for ever, to enjoy the possession of
the afforesaid island, to build and plant thereon as best lyketh them, and to dispose
thereof as they thinke fitt, and alsoe to make, execute, or j)ut in practize, such
laAves for church and civil government as are according to God, the King's, and
practize of the country, without giving any accompt thereof to any whomsoever ;
and the afforesaid right and title both of land and government to remayne with
and to tliein and to their successors for ever, without any trouble or molestation
from the said Earle, or any his successors, for now and ever : And forasumch as
it has pleased our royal King to give the pattent of Long Island to the attbresaid
Earle of Starling, in consideration whereof, it is agreed upon, that the trade with
the Indians shall remayne with the said Earle and his successors, to dispose upon
from time to time, and at all times as best liketh him, notwithstanding the said
Lion Gardiner, to trade with the Indians for come, and any kind of victuals,' for
the use of the plantation, and no further ; and if the said Lion Gardiner shall
trade in wampom from the Indians, ho shall pay for every fadome twenty shillings ;
as also, the said Lion Gardiner, and his successors, shall pay to the said Earle, or
his deputies, a yearly acknowledgement, being the sum of five pounds (being law-
fully demanded) of lawful money of England, or such commodities as at that time
shall pass money in the country, and the first payment to begin upon tlie last of

"* < * gW >»' i i " - ''■^ t t -^

r^a*x

^,^- -^^—.t— >»-.—.

i t

APPENDIX.

October, 1643. the three former years being advanced for the use of the said James
Farrctt, In witness whereof, the party has put his hand and scale, the 10 day
of March, 1639, (1640.)

(Signed,) James Fahhett, (I^. S.)
Seided and delivered, in the presence of
FuLK Davis.
Benjamin Price.

{M.S. Book, in the possession of David Johnson Gardiner, Esq.)

No. XXVIII.

Patent by Governor Nicolls to David Gardiner, of Gardiner's Island. See p. 23.

Richard Nicolls, Esquire, Governor under his Royal Highness, James, Duke
of York, of all his territories in America, To all to whom these presents shall come.
Greeting, Whereas there is a certain island lymg to the nortb of East Hampton,
in the East Riding of Yorkshire, upon Long Island, formerly called by the name
of Manchonack by the Indians, and by the English the Isle of AVight, and now
commonly known by the name of Gardiner's Island, which said island was here-
tofore purchased from the Indians by Lyon Gardiner, deceased, and was likewise
conveyed unto him by graunt from James Farrett, agent for the late Earl of Stir-
ling, upon such terms and conditions as in the said graunt is expressed, — Now
know ye, that, by virtue of commission and authority given unto me by his
Royal Highness the Duke of York, I do hereby confirm and graunt unto David
Gardiner, son and heir of Lyon Gardiner, deceased, the said island, A:c &c.
rendering and paying unto the present governor under his Royal Highness, and
his successors, at New York, the sum of £5 yearly, &c. &c.

At New York, the 5th day of October, 1665.

(Signed,) Richard Nicolls,

{Records of the Notary Public of the Massachusetts Colony. Vol. V. pp. 181, 182.)

I '\

No. XXIX.

Grant by James Farrett, deputy of the Earl of Stirling, to Daniel How, and others,
of South Hampton, in Long Island. See p. 23.

Know all men, whom this present writeing may concerne, That I, James
Farrett, of Long Island, gent, deputy to the Right Honourable the Earle of
Starling, secretary for the kingdom of Scotland, doe by these presents, in the
name and behalf of the said Earle, and in mine owne name allso as his deputy, as

APPENDIX.

it doth or may any way concernc myself, give and grant free leave and liberty to
Daniel How, Job Sayrs, George Willby, and William Harkcr, together with their
assosiates, to sitt down upon Long Island affbresaid, there to possess, improve,
and enjoy eight miles square of land, or soe much as shall contain the said quantity,
not only upland, but alsoe whatsoever meadow, marish ground, harbours, rivers, and
creeks lye within the bounds or limitts of the said eight miles, the same and every
part thereof quietly and peaceably to enjoy, to them and theire heyres for ever,
without any disturbance, lett, or moUestation from the said Earle, or any by his
appoyntinent or procurement for him, or any of his; and that they are to take
theire choisc to .sit down upon as best lyketh them ; and allsoe that tliey and theire
assosiates shall enjoy as full and free liberty in all matters that doe or may eon-
cerne them or theires, or that may conduce to the good and comfort of them and
thcires, both in church order and civill government, together with all other case-
ments, conveniences, and accommodations whatsoever, which the said place doth
or may aflbrd, answerable to what other plantations enjoy in Massachusetts Hay.
Hut inasmuch as it hath pleased our royallKing to give and grant the pattente of
Long Island to the afforesaid Earle, in consideration thereof it is agreed uppoTi,
that the trade with the Indians shall remaine to the said Earle of Starling, to diss-
pose of, from time to time, and at all times, as best lyketh him, onely the aforesaid
Daniel How and his copartners shall have liberty to make choise of one man
amongst them that shall freely trade with the Indians, in their behalf, for any
victuals within theire owne plantation, but not for wampam ; and if any of the
afforesaid persons, or any for them, shall secretly trade with the Indians for wam-
pam, whether directly or indirectly, without leave or licence from the said Earle
or his assignes, the person or persons soe offending, shall pay, for every fathom
soe traded, to the said Earle or his assignes, the sume of twenty shillings:
Further, it is agreed uppon, that whatsoever shall be thought meete by the right
worshipful John Winthrop, Esq. governor of the Massachusetts Bay, to bee given
to the Earle of Starling in way of acknowledgement as the patentee of the place,
shall be duely and truely paid : Furthermore, it is agreed upon, that noe man
shall, by vertue of any gift or purchase, lay any claime to any land lying within
the compass of the eight miles before mentioned, but onely the afforesaid inhabit-
ants shall make purchase in theire owne names, at theire owne leisure, from any
Indians that inhabbit, or have lawfull right to, any of the aforesaid lands, all or
any part thereof, and thereby assure it to themselves, and theire heyres, as their
inheritance for ever. In witness whereof, we have hereunto set our hands* and
scales the 17 day of April, 1640.

Memorandum.
That the trew meaning of Mr Farrett is, that whereas hee hath formerly pur-
chased sartaine lands in Long Island for the Earle of Starling or himself, that hee
doth, by these presents, fully release all claime and interest in the land above-

APPENDIX.

mentioned, or persons that shall sitt downe upon it, with all title to government,
whether in church or in comonwculth ; all which is to be clearly and fully
drawn up according to the trew meaning of this agreement, when things shall bee
settled and concluded by the right worshij)pful John Winthrop above mentioned.

James Faurett, (scale.)

Sealed and delivered

in the presence off

Theoph. Eaton,

John Davenport.

I John Winthrop, within named, having seriously considered of that within
this writeing is referred to my determination, although I am very unwilling to
take it upon me, and as unfit alsoe, the rather being to seeke of any rule or
approved presedent to guide mce herein, yet being called hereunto, I shall express

what I conceive to bee equal upon the considerations here insueing, viz The

land within granted being a mccrc wilderness, and the natives of the place pre-
tending some interest which the planters must purchase, and they might have
had land enough gratis (and as convenient) in the Massachusetts, or other of the
coUonies, with liberty to trade with the Indians, (v.hich they are here debarred
from.) and for that tliey had possessed and improved this place before any actuall
claime made thereto by the llight Honourable the Earle of Starling, or had any
knowledge of his Lordship's pattent ; and wlicreas his Lordship, in consideration.
I suppose, of the premisses, requires nothing of them l)ut in way of acknowledge-
ment of his interest, I doc hcrcuppon conceive, and doe accordingly (soe farre as
power is given mec) order and sette downe, that the inhabitants of the tract of
land within mentioned, or the plantation now called Southampton upon Long
Island, and theire successours for ever, shall pay yearly to the said Earle of Star-
ling, his heyres or assigncs, ui)on the last day of September, at Southampton
aftbresaid, foure bushells of the best Indian corne there growing, or the value of
soe much, in full satisfaction of all rents and services, (the fifth part of gold and
silver ore to the King's IMajestie reserved all way es excepted.) In testimony
whereof, I have hereunto set my hand.

Dated 20. 8. 1640. (20th October.)

(Signed) John Winthrop.

{Records Suffolk County, Long Island,)

APFKNDIX.

No. XXX.

Ueinomtrance of the Tiihahifdnt.s ttf South llaiiijiton n^^mnsf ///c nnlrr mjuiriii/i^ tficm

t(t take out a new jHttcnt. Src j). '23.

To Tin: (loV'EllNOK.

South Hampton, I'eh. 15. IH70.

HoN'ouKABLii Sin. — VVc% the iiiliahitaiits of this town, do lieroby present nnto
you our humble service, tVe., to sliew our respect to your honour's pk'iisure. and
our obedience to tlie (jrder of the honourable Court of Assize, we are bold to
manifest herein unto y()U somi" reasons why we are unwiiliug to receive anv
further patent for our lands as followeth.

1st. Because, as we have honestly purchased thcui of the natives, (the propel
and natural owners of them.) so also we have already the patent right lawfully
obtained and derived from the Honourable Karl of Stirling, we being to pay
one-Hfth part of gold and silver ore, and four bushels of Indian corn yearly.

iidly. Uecausi' the injunctio;' laid on persons and plantations by the laws in
1()66, to take forth the patents for their lands from oiu' then governor, we
groundedly conceive intended not the plantations on this cast end of the island,
but only those at the west end, who were reduced from a former Government,
even as heretotbre. &c. ike.

Signed by Thomas Halsey, junior, and forty-nine others.

(^SiUis fVood's Sketch ofLoiitf Island, p. 107.)

ii i mi inimw i WM i ii. ' , ---• -.sirt