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 1^1 ir:t!l iU^i !"•-!
 
 NARRATIVE 
 
 OF THE 
 
 OPPRESSIVE LAW PROCEEUIXGS, 
 
 AND OTHER MEASURES, 
 
 RESORTED 'JO 
 
 BY THE BmTlSH GOVERNMENT, 
 
 AND NUMEROUS PllIVATE INDIVIDUALS, 
 
 TO OVERPOWER THE EARL OF STIRLING, AND SUBVERT HIS LAWFUL RIGHTS. 
 
 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 liV 
 
 AN HISTORICAL VIEW OF THEIR HEREDITARY POSSESSIONS IN NOVA SCOTIA, CANADA, &c. 
 
 BY EPHRAIM LOCKIIART, Esq. 
 
 WITH A COPIOUS APPENDIX OF ROYAL CHARTERS AND OTHER DOCUMENTS. 
 
 " Rien n'esl beau que le vrai." 
 
 EDINRURGH. 
 
 WDCCCXXXVI.
 
 James Walker, Printer, 
 
 6. James's Court, Lawnmarkct, 
 
 Edinburgh.
 
 StacK 
 
 Annex 
 
 TO THE KING. 
 
 SIRE, 
 
 Could I have obtained permission to inscribe this Vohime to Your 
 ^Iajesty, my satisfaction would have been complete ; but althouf;;h depri\ed 
 of my most valued privile^^e of Peerage, and still debarred, by the measures 
 which were a few years since adopted in my case, from approaching your 
 Royal Person to solicit a favour 1 should have so highly prized, yet I trust 
 there can be no impropriety in thus humbly addressing Your IVI.uesty. 
 
 In these times, it is one of the first duties of your loyal and faithful 
 subjects to watch anxiously the progress of events, and to be always ready, 
 should Your jNIajesty require their services. 
 
 ]My family have never at any period forgotten the bright example of fide- 
 lity to his Royal Master which was left them by the Founder of their honours. 
 Sir William Alexander, 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 
 voung-er Son of that eminent man, and less favoured bv 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 honour 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. 
 
 2021631 
 
 r^
 
 iv DEDICATION. 
 
 Not content with denying nie access to Your Royal Presence, and i-ef'using 
 even to consider my claims, Your Majesty'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 the 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 feilure 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 
 unofi^ending family. 
 
 With such anticipations, I humbly lay my Case, and the Narrative of my 
 wrongs, before Your Majesty, and pray that it may be permitted to me 
 to prove how much and truly I am, 
 
 SIRE, 
 
 Your Majesty's 
 
 Most loyal, most faitliful 
 
 And devoted Subject, 
 
 STIRLING.
 
 PREFACE. 
 
 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, who are never ready for any thing better than subterfuges or 
 disgraceful means of protracting litigation, came into Court witli a specious 
 pretext for a little more time. The learned Judge, I presume, did not con- 
 sider that he ought to refuse grantingthe delay sought by the Crown partv, and 
 thus the judicial hearing of my cause cannot take place before November. 
 
 It may be thought extraordinary that I should prefer layiu"- mv 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 reply, 
 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 pursuinf^, 
 that nothing will at present induce me to deviate from it. The circumstances 
 under which this determination is taken arc 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 thev have done, at this 
 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 witliout reason, that abroad readers will 
 be found, who, having no party feeling — no bias, or prejudice of any kind
 
 vi PREFACE. 
 
 no private excitement to hostility — will attend to facts, and endeavour to 
 
 understand so remarkable a case. They attribute the contrary effect pro- 
 duced in Eno-huid and Scotland, chiefly to the 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 spirit and groundless prejudices they had created, and made 
 their baneful influences operate as strongly as possible against me. Hither- 
 to, indeed, those classes of my countrymen from whom I expected generous 
 sympathy and support, instead of using their own faculties and perceptions 
 to distinguish between right and wrong, so as to form a correct judgment of 
 my case and grievances, have given unbounded latitude to the despicable 
 falsehoods and aspersions hazarded by my enemies. Out of the range of 
 national prejudices, partialities, jealousies, and animosities, I may hope that 
 the voice of truth raised in my vindication, will not be overpowered by the 
 loud vituperations of my calumniators. 
 
 On the above grounds, and agreeably to the recommendation of highly 
 talented foreigners, who have recently had my case fully explained to them, 
 land from whom I have received many suggestions of the greatest use to me, 
 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 English friends, I am certain of an equal 
 publicity in British America and the United States, as in Great Britain. 
 
 If any accuse me of presumption in appealing to the honourable and high- 
 minded of other nations, I reply, that the Narrative I venture to lay before 
 themxn as novel as it is interesting and extraordinary; and besides, who can 
 justly tax me with presumption, when the private interests of numerous 
 families, companies, and individuals, are as seriously injured by the conduct 
 of my oppressors as my own ? Am I not rather called upon 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. 
 
 Bath, Avgust 183G.
 
 ERRATA. 
 
 Table of Contenrs, last line hut one, Jbr Return to lead Return by 
 Page 4, line 13, /oj- satify rerW satisfy 
 
 22, 13, /or ; read , 
 
 40, 20, for owmi earesi read own nearest 
 
 45, 22, for hiin'-elf read n)vself.
 
 CONTENTS. 
 
 Section I. Short Historical and Genealogical Account of the Stirling Peerage, . . I 
 II. Unjust and inconsistent Conduct of the British Government, . . .13 
 
 III. Unreasonable Hostility of Private Parties — Treachery of a malevolent and 
 
 mercenary Agent, ••••••.... 33 
 
 Postscript, •.•••■...•..... 40 
 
 Second Postscript, ••••••-...... 46 
 
 APPENDIX. 
 
 No. I, 
 
 II 
 
 III 
 
 IV. 
 
 Original Charter of the Province of Nova Scotia, 10th September 1621, 
 Charter of Novodamus of the same, 12th July l(j25. 
 
 st Earl, in 
 
 Nova 
 
 Act of Court of Lord Stirling's Service as Heir of William, the fii' 
 
 Scotia, 2d July 1831, 106 
 
 Instrument of Seisin of Nova Scotia, 8th July 1831, . . . . . .110 
 
 V. Charter of the Lordship of Canada, 2d February 1628, 122 
 
 VI. Instrument of Seisin of the same, 8tli July 1831, ...... 132 
 
 VII. Precept of Charter of the Earldom of Dovan, 30th July 1637, . . . .142 
 
 VIII. Considerations on the Law Proceedings in Scotland with the Crown, . . .154 
 I X. Memoir respecting a forged Letter, transmitted from the Colonial Office, to entrap 
 
 Lord Stirling, . . . . . . . . . . . .158 
 
 X. Return to the Lord Clerk Register to an Order of the House of Lords, of 23d Au- 
 gust 1831, 173 
 
 50 
 74
 
 NARHATIYE 
 
 OF 
 
 OPPRESSIVE PROCEEDINGS AGAINST THE EARL OF 
 
 STIRLING. 
 
 SECTION I. 
 
 SHORT HISTORICAL AND GENEALOGICAL ACCOUNT OF THE STIRLING PEERAGE. 
 
 1 HE 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, I shall cast back upon my calum- 
 niators all the obloquy with which they would have 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, I endeavoured to forget that my enemies 
 themselves, in the course of their relentless persecutions, had furnished me with 
 legitimate means of defence and retaliation. Jiut 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 five 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. \i other times, it may depend on being able to gratify the 
 
 A
 
 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 ultiiuate 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 
 throuo-h 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 ; 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 ; and I 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 sec 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 fermentation, 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 from the mother country be obviated, if my hereditary rights were acknowledged.
 
 AGAINST THE EARL OF STIRLING. 3 
 
 and an opportunity given mc of tising 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 thcni 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 who are 
 better able to give an opinion than 1 am, have deliberately arrived at the fullest 
 conviction, that a revolution in Canada, and all the 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, wliich 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, 1 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 farther 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 dc facto 
 and de jure 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. Such denial must have been a consequence of the general nti^^un- 
 derstandbtg of the position in irhich I hare 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. 
 
 I boldly take my stand as an estuhlished Peer of Scotland, and am certain this posi- 
 tion is unassailable according to lair, 'usage, or precedent. This will ai)pear 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-grandAuher, Sir William Alexander, to the dignities of 
 Viscount and Earl of Stirling, &c. on the 11th of June 1633 ; and by a royal signature, 
 dated ^Oth July 1(537, imd ratified by Parliament 5th October lGo9, (Acts, v. '^7J,) 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 IGS'J, 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-male 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, f/ie 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 I reserve to be hereafter rendered available. For 
 my friends it is quite sufficient to know, that, independenth/ of such disconen/, 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 fair and 
 lawful means, dislodged from my position. And for this purpose, I 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 1739, when he was 
 succeeded by his second cousin, John, the sixth Earl, (whose succession to the honours, 
 tliough 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 I7C8 till 
 September 1814, a period of forty-six years and nearly five months, they were in female 
 heirs ; 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 30th of May 1831 ; when the jury, by their verdict, 
 found me to be " nearest and lawful heir of tailzie and provision " to William, the first Earl.
 
 AGAINST THE EARL OF STIRLING. 5 
 
 Scotch Representative Peers, until I was advised to attend at the election of Viscount 
 Strathalhin, on the S!d of June 1825. 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 claimant, (according to the 
 too generally received, but most erroneous notion of the public,) but as the actual pos- 
 sessor oftlie Earldnm, 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 privileo-es. 
 
 Upon that opinion, which my anxiety to do right in a matter of such moment had 
 induced me to solicit from him, spvciull^ as to the propriety of taking up the titles, 
 and going to Edinburgh to exercise my privileges of peerage at the election then ap- 
 proaching, and in ichich he recommended me to pursue that course, — and likewise 
 upon the representation made to me by my agent, whose arguments appeared the more 
 satisfactory to my mind, from the knowledge I had of his experience as a genealogist, 
 1 acted with the greatest confidence. 
 
 When I began my investigations in 1815, on my i-eturn from a twelve years' absence 
 in France, (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 biibing a servant ; 
 and, instead of obtaining, as I had flattered myself 1 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, I however persevered, until, in 18'^5, I was advised, as I have said, both 
 by counsel, and by the agent 1 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 wav of 
 
 * The wealtli wliicli my father hail once possessed was in part swept away by tlie disasters which his 
 bankers and others, who liad large sums belonging to him, at Paris and in the departments of Frauce, met with 
 <luring the first great revolution. What he had remaining, in houses and estates in lCn^lai\d, was suhscqneutlv 
 carried off, in a great measure, by the consequences of his own detention and unhappy dciuisc at Verduu-sur- 
 Mease, without having been able to settle his affairs.
 
 6 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 commencing the public assertion of my rights. But this was precisely the most serious 
 blunder, accoriling 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. I 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. 
 
 What is past, however, cannot be recalled ; and as the course I did pursue alters not 
 the correctness of the position I have to maintain, I 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- 
 liam 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 had arrived to attend the election, I was congratulated on my resump- 
 tioH (not assumption) 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 those 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 1835,) 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 Peer§, 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. 7 
 
 exception, (and there are nearly twenty who come into the list,) collateral 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 collnfcrul heirs of Scottish peerages are bound to prove their ri'dit before the House 
 of Lords *. Very numerous instances could be adduced, to shew that even collaterals, 
 except in the instance of a competition for the title, or wJien the descent of tlie heir 
 was extremely doubtful, 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, bv 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 Peeri< who voted at all general elections since the year 1800, distinn-uishino' 
 " 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 precedino- 
 and subsequent thereto, I voted without protest : I say with perfect truth, icifhout 
 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 a<rni)ist mi/sef. 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 liis 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 wisiiing to be thought prosuniptuous in hazartliiiir autlioiitativcly such an assertion iis the above, I beg 
 leave to refer any readers who would like to satisfy tliemselves on the subject, to " A Disqui>ition on the 
 " Riglit of .lurisdiction in Peerage Successions, particularly the Peerage of Scotland," published by Uideway, 
 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,\e /air pla^, — 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 
 rio-ht 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, and influence to protect them, their 
 situations are different from mine ? Tliose 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 tlie 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 may 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 THE EARL OF STIRLING. 9 
 
 Lords cannot alter the course of trial of descent, the laws and customs of Scotland beinj^ 
 confirmed by the articles of the Treaty of Union. A vast deal more might be added, 
 to 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 
 1 think 1 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 my 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 although 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. 
 
 ]\Iy 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 
 homage, under a salvo jure for any future occasion. This petition was dated C9th 
 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 any future occasion, as 
 prayed for. The letter addressed to me as " Earl of Stirling " bears the seal of the 
 Council Office. 
 
 The recognition of Lord Chancellor Lyndhurst was on the occasion of an approach- 
 ing election of Representative Peers iu Scotland, when his Lordship certified ('JOth 
 August 1S30) that the " Earl of Stirli?ig" 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. 
 
 B
 
 10 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 " The Lord Chancellor presents his compliments to Lord Stirling, and has directed 
 " the Great Seal to be affixed to the writ certifying 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, mth August 1830." 
 
 The recognitions of his Majesty's ministers are contained in numerous official letters, 
 during a correspondence with thcni in the months of September and October 1831, and 
 in ]\Iarch, July, September 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 of 
 State for the Colonies, and by other heads of Government departments. 
 
 The law tribunals in Scotland 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 9th 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 " sustained instance in the name of Alexander, Earl 
 of Stirling *." 
 
 In the English law courts, on two occasions, when opposing parties attempted to 
 proceed against me as a commoner. Lord Tenterden, 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 filed, 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 think, be particularly valuable to enforce 
 and conclude my arguments on that branch of the subject. 
 
 * As it is probable tbat certain evil-minded persons will at present be disposed to cavil about tliis decision of 
 the Supreme Court, in consequence of tlie result obtained last January by the parties who made a trial of my 
 privileges in the same Court, I wisb to observe, tbat although the Judges then declined pronouncing upon 
 such 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 siiall hereafter be, to meet my enemies 
 iMi the ground of peerage privileges in the Court of Session, they would not have succeeded in their nefarious 
 jiiirposes. 
 
 -f Tlie extraordinary failure of a plea in abatement, which, at the suggestion of my legal advisers, was resorted 
 to some months after the first decision of the Court of Common Pleas in my favour, was caused by a misia/ie or 
 omission of the gentleman who drew the plea, of a veri/ serious nature, and altogether unaccounlable on the 
 part of a professional man, who ought to have known better, and been aware that 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 1 had 
 sained.
 
 AGAINST THE EAKL OF STIRLING. 11 
 
 Copy of Mr Wilson's Opinion, on a case submitted to him as to the titles of the 
 
 Earl of Stirling. 
 
 " Lincoln's Inn, 15. .Sehle Street, 
 " l-2lh November 1829. 
 
 " I am of opinion, that, by the service and retour in the preceding page, the claimant 
 " 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 
 " drop on him by descent. He does not require 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, apply 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 confessina; a doubt of his own character, surrendering; the riixhts 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 ex facie appears from the service and rctoui', &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) •' James 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 unjustitiably 
 treated. I shall now proceed to expose the inconsistency of those who deny my right, 
 
 B 2
 
 12 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 while they acknowledge that of other Peers similarly situated, and none of whom have 
 passed through the ordeals to which the envy, fear, jealousy, hatred and persecution I 
 have encountered year after year obliged me to submit. The party of whose oppressive 
 and arbitrary conduct I shall first take notice are his Majesty's Government.
 
 AGAINST THE EARL OF STIRLING. 13 
 
 SECTION II. 
 
 UNJUST AND INCONSISTENT CONDUCT OF THE BRITISH GOVERNMENT. 
 
 On the subject that has been just announced I shall unavoidably be somewhat diffuse ; 
 and I must premise by observing, that, from the time of my first appearing at the elec- 
 tion of a Representative Peer of Scotland, in June 182.-5, until all my legal titles were 
 completed by a fourth and special service of heirship, followed by seisin and infeftment 
 of my American property, at the castle of Edinburgh, in July 1831, 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. AV'hen I approached Government, 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 influence, but I hoped 
 to be sufficiently recommended by an unsullied character and a good cause. JMy legal 
 titles, as above mentioned, had just been completed, and I 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, I had 
 no misgivings about an application for leave to submit 7«_y proijciijj riglits 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 anij direct application on vuj part, 1 imagine that few per- 
 sons will think the Colonial Secretary was justified in re/'usi?ig to hear irhat I (or my 
 agents and counsel in my name) had to sai/ ; or even to look at the papers, docume?its, 
 and evidences I was prepared to lay before him. jNIy overtures had been made in the 
 following words. I quote from the letter of my solicitors, in December 1831, to the 
 Earl of llipon, 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 accounuodution ; so also the
 
 14 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 " object for wliicli 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 January 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 Govern- 
 " 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 which your client has opened 
 " with this department respecting his claims ; 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 rights, 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 these 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 the 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 previously/ 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 ;
 
 AGAINST THE EARL OF STIRLING. 15 
 
 but most properly hinted, that if I wore driven to tliat extremity, the very circum- 
 stance of so vast a power being centred in my opponent, was tliat 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 negociation, he was instructed 
 and prepared, on my part, to make the most ample concessions, &c. 
 
 On the 4th of February, with singular dispatch. Lord Howick wrote again ; but it 
 was only to inform Mr Burn, by Lord (ioderich's directions, that it never had been, 
 and was not tiien, his intention to intimate any opinion respecting the validity of ray 
 claim to the 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 totalljj and erdirely 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 * ; 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, tlie correspondence ended there. 
 
 Now, let me ask. Are British subjects freemen or slaves ? Have we a constitution to 
 affi)rd 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 fur Lord (ioderich's frivolous objection to the recognition of niv peerage 
 status lias been fully shewn in another part of lliis Narrative.
 
 16 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 " 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, 1 have so much on my hands !" &c. 
 I 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 I 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 affiiirs of the nation ? Was 
 not the exposition of the most extensive and valuable chartered rights {unexpired 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 affiiir, and a subject for mature 
 consideration, instead of one to be hastily and petulantly got rid of by a minister's sic volo, 
 sicjubeo, 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
 
 AGAINST THE EARL OF STIRLING. 17 
 
 or caprice ? Such conduct, I think, must be open to impeachment. At all events, it' 
 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 with 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 oflicial 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,) to 
 entrap me, hy means of a forged letter, into the hands of a merciless enenvj, 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, liow 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 2'2d August \S32, and of the secretary's letter to 
 Mr Burn, dated 24-th 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 iioth 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 Kipon's 
 secretary is accused of having taken in it, I have yielded to the advice of my friends, 
 in publishing further the ivhole correspondence on the subject. The Earl of Ilipon 
 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- 
 
 c
 
 18 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 Ripon 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 tJie real forgeru 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 ; 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 with 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. 19 
 
 were poweifuJ, used by my solicitor, in a letter on the subject which appeared in the 
 newspapers of that period, I shall merely observe, that ministers liad no more light to 
 stop the sale as they did, than they would have at present to interfere with the Duke of 
 Sutherland, the Marquis 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. 1 indeed maintain, that 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 IS^^O-SO-Sl, 
 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 had 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 1 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 the Jorged 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 suj)port 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 of Re/'o>-)ii, — 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, 
 
 c ^
 
 20 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 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 o{ 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 heen, first, profractedHtigation, at 
 an expense which, under the circumstances, it was almost impossible to comj^ass by any ar- 
 rangements 1 could make. To increase those expenses, and, as was unscrupulously avowed, 
 " to make a run upon my resources" in the 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 tlie 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 ouglit 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 EARL OF STIRLING. 21 
 
 dignation, and a deep sense of my wrongs, have at last demanded free utterance. They 
 could no longer be smothered by those " considerations of expediency " which, for 
 years, have been impressed on my mind by well-meaning, timid persons, and have kept 
 me silent and snttering, 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 I 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 tliat 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. TJien 
 1 certainly did come, and with the proper authority, to demand the attention of Govern-
 
 22 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 ment to ray 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 was 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, ivJio spent all his large Jbrtune 
 in his persevering attempts to colonise the territories which his Sovereign granted as 
 the well-earned recompense Jbr his services f The ministers were not ignorant of that 
 fact ; neither could they be that ; when I appealed to them, I 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 tJie 
 maintenance of mj/ rights, 1 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, I was one of those who hailed his Lordship's accession to power, 
 and the appointment of some of his colleagues, with satisfaction ; 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 liad 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 which, 
 perhaps, is at the present day the least numerous in the kingdom ; the party which, 
 strictly speaking, cannot be designated either as Toi-y 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 pure and salutary in our institutions ; and whose
 
 AGAINST THE EARL OF STIRLING. 23 
 
 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, I 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 
 writer 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 ou Lord Stirling's calumniators !" 
 These are his words ; 
 
 " 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 tin's 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. I believe Lord Stirling to be incapable of desiring any thing but the 
 " barest justice ; I know myself to be incapable of asking more ; and I think I know 
 
 * I cannot, without permission, publisli liis name ; Uut I may state, that he is as mucli respected by all who 
 have the honour of knowing liim, as lie is beloved by those who have the happiness to be numbered among his 
 friends. He is a colonel in the army, and discharges the duties of a high military oflSce with distinguished 
 talent.
 
 24 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 " Mr Stanley well enough to believe that he is incapable also of refusing it, either 
 " 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 1 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 to 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 I 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 
 ofhce 5 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 1 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 I 
 successively addressed to him never obtained the honour of his slightest notice ; and to his 
 Lordship's inexplicable conduct I 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, witliin 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
 
 AGAINST THE EARL OF STIRLING. 25 
 
 the digression into which 1 have been led by the preceding remarks, I 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 occasiun, as in the first instance 
 of applying to Government, one of my principal objects was to preiient the necessity of 
 inclining luti/ more ruinous hiiv e.rpenscs, unit of bcinfr kept in Unfjering suspense iy 
 protracted litigation. j\Jr Secretary Stanley was, however, advised not to comply with 
 my request, that the proceedings in Scotland should be stayed. On the 1 Ith 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 II. 1S33. 
 
 " 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 ofHcer 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 jjurpose of ascertaining, whether there /lad been suj/icienf, or, indeed, a\y Just 
 and legal ground of action in Scotkaul. 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 1 have been kept, during many years, at bay, and prevented from exer- 
 cising the rights I had previously established in the most formal and legal maimer. 
 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 I mean to rest upon 
 them. But, first, it is necessary that the value of the legal title I had accpiired, before 
 any action on the part of the Crown was thought of, should be \\c]\ 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 
 
 D
 
 26 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 the title and render it unassailable *. Any one who will take this tronble must, I think, 
 be satisfied that a better title to property could not be obtained. 
 
 I suppose, lor a moment, one of my readers arrived at this point of the inquiry ; and 
 1 then ask liim to consider, next, the value of tlie principal legal argument used by the 
 Officers of the Crown in Scotland, in support of this suit against me. I say the princi- 
 pal argument, because there are other pleas, but which, God knows, are as shallow as 
 was the whole pretext for annoying me, and attempting to despoil me of my inheritance. 
 Their only plausible argument, which is two-fold, is this : first, " 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." Secomf/j/, " That the 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 aigument above 
 cited, I take leave to refer : and in addition I must be pardoned for saying, that the 
 argument itself, under both heads, is all the merest pretence and affectation. Indeed, 
 I 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 liad made up its mind not to hear of cuii/ 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, ha- 
 ving somehow, and WITHOUT A title, gotholdof the property, would arbitrarilij go all 
 hmgtlis to keep it, as well as the sovereignfi/, and to resist the right vested in my 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 wb.ich they 
 proposed to themselves 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 peremptory 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, 
 t 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 
 
 * Those readers who may desire to satisfy themselves, are referred, Ist, to the Royal Charters, and transla- 
 tions of them wliicli are given in the Appendix ; 2d, To the 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 nie, as the heir found by the 
 service.
 
 AGAINST THE EARL OF STIRLING. 27 
 
 1831 ? There may be other cases in which, perhaps, the Crown's interference is perfectly 
 reguh'ir and legal. I am not competent to form an opinion as to other cases ; but 
 I feel perfectly assined that a aiimlur case to mine is not in existence. Any unpreju- 
 diced and uninfluenced reader will acquit me of presumption, or exaggeration, (after 
 studying the case in all its bearings,) in asserting that my title of heir has been chal- 
 lenged without either just or legitimate grounds for so doing. 
 
 But I proceed to shew, further, why the attack was unjustifiable ; and let me direct 
 particular attention to the following clause and kingly promises in the Koyal Charter of 
 P2lh July W25, viz. 
 
 " Which lands and privileges, &c. specially and generally above mentioned, together 
 " with all right, title, &c. 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 duties 
 '• thereof, of whatsoever years or terms bygone, for Avhatsoever 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 ; renouncing and exoneratiny 
 " the same simpliciter, icifh all action and instance hereto/ore competent to, and in 
 "favour of the said Sir William Alexander, and his heirs and assignees, as loellfor 
 " non- payment of the duties contained in the original infeftments,asfornon-per- 
 "formance of due homage conform tlicreto, or for nonfulfilment of ani/ point of the 
 " said original infeftment, or for commission of any fault, or deed of omission or 
 " comitiission, 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 sniiie simpliciter, with all title, action, instance and interest heretofore com- 
 " petent, or that may be competent to us, and our heirs and successors, renouncing 
 " the same simpliciter, jure lite et causa cum pacta de non petendo, 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 be Jiolden in free blench farm, as said is, 
 " and dispensing with non-entry, 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 any time, before or after the perfecting 
 of my legal titles as heir, to interfere with me ? It certainly has no competing title ; 
 its Officers admit that. But it is said, tJie King, as superior and over-lord, has a rii::ht to 
 ascertain whether I, his vassal, have a good title. This, I repeat, is the only plausible 
 argument used on the part of the Crown ; and if there existed any right at all to interfere 
 with me, it would, to a certain extent, be true. But if his Majesty 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, I ask, why w;is I not opposed bv the 
 
 D 2
 
 28 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 Officers of the Ciovvn,y/-ow2 the first moment of my coming forward to prove my heir- 
 ship, at the service of 'Jth February IS'iG ; or, if not then, at the more important 
 services of Vlth October 1830 and 30th May 1831, and finally, at the special service 
 ofldJidy 1831 ? Why was 1 allowed to proceed, as I did, in the most public manner, in 
 all these legal 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, was 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 shoukl have considered one of doubtful issue ? What have the advocates of the right 
 of the Crown who attacked me, after all my labour and expense 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. I was fully protected by the clauses in the royal charters. I was farther 
 protected, by taking seisin, and receiving infeftment of my property, from the King's 
 lawful representative, otherwise there 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, or 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 attornies, holding and producing this our present charter, tee, for us and 
 " our successors, decern and ordain to be good, lawful, valid and sufficient, in all 
 *' time coming ; dispensing, as ice, by our present charter, dispense, as to all that can 
 " he objected against the sa)ne, ivhether inform or in effect," S)-c. 
 
 Let any one, after reading the above clause, be good enough to turn to the Appendix, 
 and examine the contents of the following documents : 1*/, 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, M, 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 Ripon, 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. 29 
 
 estimable man in private life is rarely to be met with j and I can scarcely imagine that 
 either his Lordship, or others who were his colleagues in office, if 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 praisewortliy, 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 IS'25, 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 
 before 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 ot 
 persons I employed ; by insertions of a most injurious nature in various pamphlets after- 
 wards published ; 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 offering 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 ; and when they perceive 
 what are my 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 infamous 
 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. 1 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
 
 30. 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 the magnanimity and power of the 
 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 hardy 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, 
 I 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, they sai/,) those 
 titles in so vnprecedented, 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- 
 ritorial rights and hereditary offices were inseparahlij connected ivitli. my peerage rights 
 and pn'ivileges ! 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 effect 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. 31 
 
 explain, in as'dear and inteliigii)]e words as I can, vvliy it is absolutely impossible there 
 should be any connexion whatever between the peerage 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 I have been found to be, were dated in 1G21, lG25 and lOSS ; and that Sir 
 William Alexander, as he then was, continued to be known by that name till the 4th 
 of September 1630, when he 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 ic/iile f/ie Earl ivas a Commoner, 
 and my services of heirship have enabled me to obtain seisin and infeftment of the lands 
 so granted, and i^ot 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 why 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 statements, 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 cflect my ruin. It is because I am en- 
 titled to a princely Jhrttme, with vice-regal powers and privileges. Yes; this, this is the 
 secret a'.ul 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 j)roved 
 heir to the great landed possessions of my family. But what a shame that in England, 
 in the reign 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 ; 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 I 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 fornur than on the latter. But if my enemies could
 
 32 NARRATIVE 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. 39 
 
 SECTION IIL 
 
 CNREASONABLE HOSTILITY OF I'RIVATE PARTIES TREACHERY OF A MALEVOLENT AND 
 
 MERCENARY AGENT. 
 
 The uniformly bad treatment I have met vvitli from such persons as those I have al- 
 luded to, and indeed from more inliuential 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, 6y aray 
 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 vvell 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 m- 
 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 ftunilies 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 arc 
 ti-ibunals to which I can hereafter appeal. What 1 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 suflcring to me, their chosen prey. 
 By the transactions in which they got me entangled, they laid the foundation for suits
 
 34 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 at law, and a regular series of attacks upon my credit, my honour, and my peace of 
 mind. 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 partlij 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 
 actions. Finally, they have been able to set at work on their side, those useful tools to 
 the wicked, the chatterpie lovers of scandal and deAimation, 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. 
 
 ■ 1 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-
 
 AGAINST THE EARL OF STIRLING. 35 
 
 vantage which they had it then in their power to stipulate for. So much convinced 
 were my friends that this woukl 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 
 intclh'gent 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 tiie most 
 active member of the new Company. I shall not mention names ; but, as the object of 
 this last important personage was to tmdo all that had been done, I shall sum up all ray 
 allusions to him and the Company to ivhose 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 ; 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 " iniluential 
 " member." 
 
 The agents I deputed to wait upon the secretaries or directors of other trading and 
 emigration Companies, described the reception they met with as almost insulting ; and 
 in short, though quite unacquainted with my case, or the proposals 1 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 ; 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 ; thirdli/, 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 A'exatiously 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 
 
 E 2
 
 36 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. 
 
 1 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 ; 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 ? I am sure that no 
 man, unless he be as reckless, malicious, and unprincipled as are some of my dastardly 
 calumniators, 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 I have been involved by so 
 protracted a struggle, it will be seen whether this be not the indubitable truth. Mean- 
 while, 1 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 me ; but my reflections are still my consolation, 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. 37 
 
 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 conspii'acy of my private enemies, or men who were formerly 
 employed by mc, 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 
 object. 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. jVIeantime, 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 mc, 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 ijears have passed away in expectation, 
 when «iOM//(S only were originally looked forward to; but facts are stubborn things, 
 and it is an absolute fact that 1 have not, in a single instance, wilfully occasioned delay. 
 1 have not done one individual intentional wrong; nor will any one, having /m.*^ claims 
 against me, find me defer a single day the settlement he is entitled to, when the means 
 of so douig are in my power. I fling back, with undisguised indignation and scorn, 
 the infamous, lying, abominable charges which are, 1 know, made against me ; and to
 
 38 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 him 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 koowest thou, that hast not tried, 
 What Hell it is in suing long to bide ; 
 To lose good days that might be better spent ; 
 To waste long nights in pensive discontent; 
 To speed to-day, to be put back to-morrow. 
 To feed on hope, 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 then ^^^^ themselves first 
 produced, in order therehj to jyreiient my obtaini/ig the advances of funds I required 
 to settle with their employers, 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 families who have abused 
 their wealth and high connexions to direct the weight and ascendancy obtained by such 
 inestimable advantages against me, I hope they too will return to moi-c praiseworthy 
 sentiments and pursuits. 
 
 Wiiat 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 
 ao-ainst 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 nie, 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. 39 
 
 Colonies, people are beginning to be aware that the titles to recently purchased lands 
 there are incomplete without my confirmation, and are likely to be disputed. Hence 
 much distrust, which, coupled with their uncertainty as to the consequences 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 I beg pardon : I forgot the teiiiporari/ triumphs they have gained. Yes, they have 
 indeed succeeded in foiling me hitlicrto, 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. Ves, 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 ; those honourable 
 and high-spirited foreigners, whose independence of feelings and interest secure them 
 /fz4^ from-l^ will equally be on my side. All men whose own honour and integrity are in- 
 corruptible will be my friends, after reading the work 1 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. Mo ; they will give it full consideration, and it will rouse them to prompt 
 and effective exertion in the cause of Justice.
 
 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, have 
 been overruled to produce the opposite effect. 
 
 I understand that one vindictive, treacherous being, who, during eleven years, tookaa. 
 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-desti'uction ; 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 ; but those persons knew too well how perfectly hopeless their appearance would
 
 AGAINST I'lli; KAllL OF STIULIXG. 41 
 
 1)0 ill realising his ingenious representations. Failing, by these means, to wound either 
 my honour or my peace of mind, he next threw doubts and insinuations upon one part of 
 my evidence after another, just as my progress compelled him to abandon the different 
 points ; and wrote letters, not only to persons of rank and influence in England, Scot- 
 land and America, making statements respecting me and my claims, which he calculated 
 would tend to paralyse the exertions of those who were inclined to serve my interest, 
 and make nie appear to the rest of the world in a most equivocal light ; but also to many 
 of my private friends, threatening, that unless money were provided for him, he would 
 destroy my case entirely, and that he cared not if it were to be ruin to himself, so as 
 he could drag me 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, (I 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 me 
 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 affirm, 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 undeistand, that so far from my having 
 ever given him the slightest provocation or just cause of enmity, I and ray family, du- 
 ring the eleven years that he was 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 lSi2(J, 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 famil}% by endeavouring 
 to entangle them in their own schemes. To accomplish these ends, false nanus were 
 adopted, and introductions from persons of rank and icputation in the world ; and 1 
 have been informed, that nothing can ecjual 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 1 have chiefly had occasion to notice ; but 1 could
 
 42 NARRATIVE OF OPPRESSIVE PROCEEDINGS 
 
 have wished tliat they, despising the 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 
 I could have extricated myself from him ; and when I 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 sufiBcient 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 1 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 ; 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, not approving of a onarch 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 finisli tliis notice of him, witliout requesting those who may imagine tliat I am too Iiard upon a 
 man who was so many years employed by me, to satisfy themselves as to his true disposition, by referring to 
 his numerous genealogical works and his political writings, but especially to his pamphlets against other fami- 
 lies ; and let his dedications to illustrious individuals, his attacks on the 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. 43 
 
 objects arc wholly independent of, and unconnected with them. It can appear with 
 equal, indeed with greater propriety before, than after any decision of the Scotch Jud<»^es. 
 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 bv 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 fixilcd. 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. ^Vhat 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 heiresses of the late ^Ir Samuel Troutbeck of Madras. Grave in- 
 deed are the refiections to 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 ([uestion, to be hatred of " trouble and responsi- 
 " bilifj/" felt by the managers for the State; their belief that, " to encourage or connive 
 
 F 2
 
 44 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 quocunqice modo, is too 
 " often regarded as a merit in a financier," &c. 
 
 What a portrait of " tlie 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 
 for the trouble they are bound to take in the administration of Government, yet shrink 
 from their highest duties because they " hate trouble and responsibilitj/," 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 inanagers 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, I 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 great expense of time or 
 trouble. 
 
 I have not only thus bitterly to complain of 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 encourage-
 
 AGAINST THE EARL OF STIRLING. 45 
 
 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 tiie fact that judgment of the Court of Session cannot be 
 had before November become known to some of those parties, than fresh efforts are 
 made to overvvhehn me during suspension of tlie 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 difTiculty 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 fiunily, 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 revengeful 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 from 
 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, invidious and contumelious rcHec- 
 " tions. Convinced of the propriety of the grounds on which the Earl of Stirling rc- 
 " 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
 
 46 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. 
 
 September 1836. 
 1 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 liatred, 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 I have now to mention, lest motives 
 similar to their own should peradventure be attributed to me by some unscrupulous 
 censurer. To such appreciations of mi/ 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 
 " rufEan 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. 47 
 
 my sons but a few days since, I feci that I must so far notice the statement, as that, 
 should it be a calumny, 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, Hufficient 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, have 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 tlie 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 ; mais le fruit en est doux."
 
 APPENDIX.
 
 SfO APPENDIX. 
 
 No. I. 
 
 Original Charter in favour of Sir William Alexander, Knight, of the Province of 
 
 Nova Scotia, in A?nerica. 
 
 Jacobus Dei gratia Magnae Britanniae Franciae et Hyberniae Rex &c. Fideiqiie De- 
 fensor Omnibus probis liominibus totius terrae suae clericis et laicis salutem Sciatis nos 
 semper ad quamlibet quae ad decus et emolumentum regni nostri Scotiae spectaret oc- 
 casionem amplectandum fuisse intentos nullamque aut faciliorem aut magis innoxiam 
 acquisitionem censere quam quae in exteris et incultis regnis ubi vitae et victui suppetunt 
 commodo uovis deducendis coloniis facta sit praesertim si vel ipsa regna cultoribus prius 
 vacua vel ab infidelibus quos ad Christianam converti fidem ad Dei gloriam interest 
 plurimum insessa fuerunt sed cum et alia nonnuila regna et haec non ita pridem nos- 
 tra Anglia laudabiliter sua nomina novis terris acquisitis et a se subactis indiderunt 
 quam numerosa et frequens Divino beneficio haec gens hac tempestate sit nobiscum re- 
 putantes quamque honesto aliquo et utili cultu eam studiose exerceri ne in deteriora ex 
 ignavia et otio prolabatur expediat plerosque in novam deducendos regionem quam 
 coloniis compleant operae pretium duximus qui et animi promptitudine et alacritate 
 corporumque robore et viribus quibuscuuque difficultatibus si qui alii mortalium uspiam 
 se audeant opponere hunc conatura 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 hoc 
 tempore cum negotiatio adeo imminuta sit possit reponere hisce de causis sicuti et 
 propter fidele et gratum dilecti nostri consiliarii Domini Willelmi Alexandri equitis 
 servitium nobis pracstitum et praestandum qui propriis impensis ex nostratibus primus 
 externam banc coloniam ducendam conatus sit diversasque terras infra-designatis limi- 
 tibus circumscriptas incolendas expetiverit Nos igitur 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 cura avisamento et consensu praedilecti 
 nostri consanguinei et consiliari Joannis Comitis de Mar Domini Erskyn et Gareoch 
 &c. summi nostri thesaurarii computorum rotulatoris coUectoi-is ac thesaurarii novarum 
 nostrarum augmentationum luijus 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 quibuscuuque haereditarie Omnes 
 et singulas terras continentis ac insulas situat et jaccn iii America intra caput seu pro-
 
 APPENDIX. 51 
 
 No. I. 
 
 Charter of Nova Scotia. 1621. 
 
 James, by the Grace of God, of Great Britain, France and Ireland, King, &c. and 
 Defender of tlie 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 conquered, reflecting with 
 ourselves how, by Divine beneficence, this nation is, at this time, numerous and thronged, 
 and how expedient it is that it should be studiously exercised in some honest and 
 useful employment, lest, by indolence, and lack of employment, it lapse into evil, it 
 may be expedient, and we have thought it worthy of endeavour, that many should be 
 conveyed to a new country, which they may fill with colonies, who, both by 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 
 Ibreign 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 aforesaid 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- 
 
 g2
 
 5-2 APPENDIX. 
 
 montorium comnuiniter Cap de Sable appellat jacen prope latitudinem quadraginta 
 trium graduum aut eo circa ab equinoctiali linea versus septentrionem a quo promon- 
 torio versus littus maris tenden ad oocidentem ad stationem navium Sanctae Mariae 
 vulgo Santmareis hay ct deinceps versus septentiionem per directam lineam introitum 
 sive ostium magnae illius stationis navium trajicien quae excurrit in terrae orientalem 
 plagam inter regiones Suriquorum ac Stecheminorum vulgo Suriquois et Stechemines 
 ad fluvium vulgo nomine Sanctae Crucis appellat et ad scaturiginem remotissimam 
 sive fontem ex occidentali parte ejusdem qui se 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 
 littorales ejusdem fluvii de Canada ad fluvium stationem navium portum aut littus 
 communiter nomine de Gathepe vel Gaspie notum et appellatum et deinceps versus 
 euronotum ad insulas Bacalaos vel Cap Britton vocat relinquendo easdem insulas a 
 dextra et voraginem dicti magni fluvii de Canada sive magnae stationis navium et terras 
 de Newfundland cum insulis ad easdem terras pertinentibus a sinistra et deinceps ad 
 caput sive promontorium de Cap Britton praedict jacen prope latitudinem quadraginta 
 quinque graduum aut eo circa et a dicto promontorio de Cap Britton versus meridiem 
 etoccidentem ad praedict Cap Sable ubi incepit perambulatio iucluden et comprehenden 
 intra dictas maris oras littorales ac earura 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 earundem partem ex occidentali boreali vel orien- 
 tali partibus orarum littoralium et praecinctuum earundem et ab euronoto (ubi jacet 
 Cap Britton) et ex australi parte ejusdem (ubi est Cap de Sable) omnia maria ac insu- 
 las versus meridiem intra quadraginta leucas dictarum orarum littoralium earundem 
 magnam insulam vulgariter appellat He de Sable vel Sablou 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 affuturo nomine Novae Scotiae in America gaudebant quas etiam prae- 
 t'atus Dominus Willelmus in partes et portiones sicut ei visum fuerit dividet eisdem- 
 que nomina pro bene placito imponet Una cum omnibus fodinis tam regalibus auri et 
 argenti quam aliis fodinis ferri plumbi cupri aeris stanni aliisque mineralibus quibuscun- 
 que cum potestate effodiendi ac de terra efFodere causandi purificandi et repurgandi 
 easdem et convertendi ac utendi suo proprio usui aut aliis usibus quibuscunque sicuti 
 dicto Domino Willelmo Alexander haeredibus suis vel assignatis aut iis quos suo loco 
 in dictis terris stabilire ipsum contigerit visum fuerit (Reservando solummodo nobis et 
 successoribus nostris decimam partem metalli vulgo oore auri et argenti quod ex terra 
 in posterum effodietur aut lucrabitur) Relinquendo dicto Domino Willelmo suisque 
 praedict quodcunque ex aliis metallis cupri chalibis ferri stanni plumbi aut aliorum mi- 
 neralium nos vel successores nostri quovismodo exigere possumus ut eo facilius raagnos 
 sumptus in extrahendis praefatis metallis tolerare possit Una cum margaritis vulgo
 
 APPENDIX. 53 
 
 monly called Cap de Sable, lying near the latitude of forty-three degrees, or thereabout, 
 from the equinoctial line, northward, from which promontory, toward the sea-coast, 
 verging to the west, to the harbour of Sancta Maria, commonly called Sanctmarcis Bay, 
 and thence northward, traversing, by a right line, the entrance or mouth of that great 
 naval station, which runs out into the eastern tract of the land between the countries 
 of the Suriqui and Stechemini, commonly called Suriquois and Stechemines, to the 
 river commonly called by the name of Santa Crux, and to the remotest source or foun- 
 tain on the western side of the same, which first discharges itSi^'.f into the aforesaid 
 river, and thence, by an imaginary right line, which might be conceived to proceed 
 through the land, or to run northward to the nearest naval station, river, or source, 
 discharging itself into the great river of Canada, and proceeding from it by the sea 
 shores of the same river of Canada, eastward to the river, naval station, port, or shore, 
 commonly known and called by the name of Gathepe, or Gaspie, and thence south 
 eastward to the islands called Baccalaoes, or Cap Britton, leaving the same islands on 
 the right, and the gulf of the said great river of Canada, or great naval station, and 
 the lands of Newfoundland, with the islands pertaining to the same lands, on the left, 
 and thence to the capo 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.) Relinciuishing 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 margaritcs, commonly called /it'ar/t'.
 
 U APPENDIX. 
 
 pearle ac lapitlibiis praeciosis quibusciinque aliis lapicidinis silvis virgultis mossis mar- 
 resiis lacubiis aquis piscationibus tam in aqua salsa quam recenti tain regalium piscium 
 quam aliorum venatione aucupationc comniotlitatibus et haercditamentis quibusciinque 
 Una cum plcnario jure privilcgio et jurisdictione liberae regalitatis capellae et cancel- 
 Jaiiae imperpetuum cuniqiie donatione et patronatus jure ecclesiarum capelianiarum et 
 beneficiorum cum tenentibus tenandriis et libere tenentium servitiis earundem una 
 cum officiis justiciariae et admiralitatis respective infra bondas respective supra mentio- 
 nat Una cum potestate civitates liberos burgos liberos portus villas et burgos baroniae 
 erigendi et f'ora et nundinas infra bondas diet terraruni constituendi curias justiciariae 
 et admiralitatis infra limites diet terrarum fluviorum portuum et marium tenendi una 
 etiam cum potestate imponendi levandi et recipiendi omnia tolonia custumas anchoragia 
 aliasque diet burgorum fororum nundinarum et liberorum portuum devorias et eisdem 
 possidendi et gaudendi adeo libere in omnibus respectibus sicuti quivis baro major aut 
 minor in hoc regno nostro Scotiae gavisus est aut gaudere poterit quovis tempore prae- 
 terito vel futuro cum omnibus aliis praerogativis privilegiis immunitatibus dignitatibus 
 casualitatibus proficuis et devoriis ad dictas terras maria et bondas earundem spectan et 
 pertinen et quae nos ipsi dare vel concedere possumus adeo libera et ampla forma 
 sicuti nos aut aliquis nostrorum nobiliura progenitorum aliquas cartas patentes literas 
 infeofinnenta 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 hac praesenti carta nostra insereretur Facimus etiam constituimus et ordinamus 
 dictum Dominum Willelmum Alexander liaeredes suos aut assignatos vel eorum depu- 
 tatos nostros HiEiiEDiTARios Locum tenentes generales ad representandum nostram 
 personam regalem tam per mare quam per terram in regionibus maris oris ac finibus prae- 
 dict in petendo 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 instructiones formas gubernandi 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 mutandum quoties sibi 
 vel suis praedictis pro bono et commodo dictae regionis placuerit ita iit dictae leges tam 
 legibus hujus regni nostri Scotiae quam fieri possunt sint Concordes Volumus etiam 
 ut in casu rebellionis aut seditionis legibus iitatur 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 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
 
 APPExNDIX. 55 
 
 and other precious stones whatsoever, stone quarries, woods, coppices, mosses, marshes, 
 lakes, waters, fisheries, as well in salt water as in fresh, as w'ell of royal fishes as of others, 
 chases, decoys, commodities, and hereditaments whatsoever: Together with full power, 
 privilege, and jurisdiction of free regality of chapel and chancery, in perpetuity; and 
 with right of donation, and patronage of churches, chapelries, and benefices, with the 
 tenants, tenandries, and services of free tenants, of the same, together with the offices 
 of justiciary and admiralty respectively, within the boundaries respectively above 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 lands, 
 of holding courts of justiciary and admiralty, within the limits of the said lands, rivers, 
 ports, and seas, together also with power of imposing, levying, and receiving all tolls, 
 customs, anchorages, and other duties of the said burghs, fairs, markets, and free ports ; 
 and of possessing and enjoying the same, as freely, in all respects, as any greater or 
 lesser Baron in this our kingdom of Scotland hath enjoyed, or shall be able to enjoy, 
 at any time, past or future, with all other prerogatives, privileges, immunities, 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 we, or any of our noble progenitors, have granted any 
 charters, letters-patent, infeftments, donations, or diplomas, to any one of our subjects, 
 of what quality or degree soever, to any company or community planting such colonies 
 in foreign parts whatsoever, or exploring foreign lands, in form as free and ample as 
 if the same were inserted in this our present charter. We make also, constitute, and 
 ordain the said Sir William Alexander, his heirs or assigns, or their deputies, our 
 Hereditary Lieutenants-General, to represent our royal person, as well by sea as by 
 laud, in the regions, sea-coasts, and boundaries aforesaid, in voyaging to the said 
 lauds, 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 tiade 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 
 William Alexander, or his aforesaid, for the government of the said region, and the 
 inhabitants of the same, in all causes, as well criminal as civil, it shall seem meet ; and 
 to alter and change the same laws, regulations, forms and ceremonies, as often as to 
 himself or to his aforesaid, for the good and advantage of the said region, shall be 
 pleasing ; so that the said laws be as consonant to the laws of this our kingdom of 
 Scotland as they can be made. We will, also, that in case of rebellion or sedition 
 he may use martial law against delin(pients, 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 otiicors of this our kingdom of 
 Scotland, as well of the land as of the seas, who hereafter may pretend any claim of 
 right, connnodity, authority or interest, in and to the said lands, or the province afore-
 
 56 APPENDIX. 
 
 provinciam praedict vol aliquam inibi jurisdictionem virtute alicujus praecedentis dispo- 
 sitionis aut diplomatis praetendere possunt Et ut viris honesto loco natis sese ad ex~ 
 peditionem istam subeundani et ad coloniac plantationeni in dictis terris addatur ani- 
 mus nos pro nobis nostrisque liaeredibus et successoiibus cum avisamento et consensu 
 praedict viitute praesentis cartae nostrae damus et concedimus liberam et plenariam 
 potestatem praefato Domino Willelmo Alexander suisque praedict conferendi favores 
 privilegia uiunia et honores in demerentes cum plenaria potestate eisdem aut eorum 
 alicui quos cuin ipso Domino Willelmo suisque praedict pactiones vel contractus fiicere 
 pro eisdem terris contigerit sub subscriptione sua vel suorum praedict et sigillo infra 
 mentionato aliquam portionem vel portiones dictarum 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 constituendl et designandi tales capi- 
 taneos officiarios balivos gubernatores clericos omnesque alios regalitatis baroniae et 
 burgi ofRciarios 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 hubitare 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 sigillis expedient limitando 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 verum etiam nostrae tam laudabili inten- 
 tioni obstabit et detrimentum inferet tunc licitum erit praeftito Domino Willelmo 
 Alexander suisque praedict vel eorum deputatis et conservatoribus inframentionatis in 
 eo casu sibi suisve praedict quos ad hunc effectum substituet omnes tales sumnias mo- 
 netae bona et res forisi'actas per talium contractuum violationem assumere Quod ut 
 facilius fiat et legum prolixitas evitetur dedimus et concessimus tenoreque praesentis 
 cartae nostrae damus et concedimus plenariam licentiam libertatem et potestatem dicto 
 Domino Willelmo suisque haeredibus et assignatis praedict eligendi nominandi assig-
 
 APPENDIX. 57 
 
 said, or any jurisdiction therein, hy virtue of any former disposition or diploma : And 
 for encouragement of men of jfood birtli to undertake that expedition, and the plant- 
 inj^ of a colony in the said hinds, 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, faculties or sciences, or of exercising the 
 same in whole or in part, as to him for their good shall seem meet : Also, of givin<'- 
 and granting, and attributing such offices, titles, rights and powers of appointini' 
 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 colonics of the said province, or in any 
 part of the same, or who shall adventure their goods or fortunes for the advantao'e 
 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 hxing 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 de- 
 triment 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 nientiouod, in 
 that case, to take to himself or to his aforesaid, whom he shall substitute to this etlect, 
 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 triven 
 and granted, and, by the tenor of our present charter, do give and grant to the said 
 Sir William, and to bis heirs and assigns foresaid, plenary licence, liberty and power 
 of electing, nominating, assigning and ordaining a conservator of the liberties and 
 
 H
 
 58 APPENDIX. 
 
 nandi ac ordinandi libertatum et privilegioium per praesentem hanc nostram cartam 
 sibi suisque praedict concessorum conservatorcra qui expeditae executioni leges et sta- 
 tuta per ipsum suosquc 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 absolutara esse sine uUa appellatione aut procrastina- 
 tione quacunque quiquidem conservator possidebit et gaudebit omnia privilegia immu- 
 nitates libertates et dignitates quascunque quae quivis conservator Scoticorum privile- 
 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 pcriclitatores 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 illius provinciae anirao coloniam du- 
 cendi et remanendi appellent et nihilominus postea vel omnino provinciam Novae 
 Scotiae et ejusdem confinia sine licentia dicti Domini Willelmi cjusque 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 conferent 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 eadera- 
 que omnia ad ipsos vel eorum aliquem quovismodo spectantia possidere et suo peculiari 
 Usui suorumque praedict convertere Et ut omnes dilecti nostri subditi tarn regnorum 
 nostrorum et dominiorum quam alii extranei quos ad dictas terras aut aliquam earun- 
 dera partem ad raercimonia contrahenda navigare contigerit melius sciant et obedientes 
 sint potestati et authoritati per nos in praedictum fidelem nostrum conslliarum Domi- 
 num Willelmum Alexander suosque praedict collatae in omnibus talibus commissioni- 
 bus vvarrantis 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 periclitantes dcputatos 
 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 Wijlelmus Alexander suique praedict unum commune sigillum habebunt ad 
 ofEcium 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 nostrorumque successorum cum his verbis (Pro Nove Scotie 
 Locum tenente) cujus justum exemplar in manibus ac custodia dicti conservatoris re- 
 maiiebit quo prout occasio requiret in officio suo utatur Et cum maxime necessarium 
 sit ut omnes dilecti nostri subditi quotquot dictam provinciam Novae Scotiae vel ejus 
 confinia incolent in timore Omnipotentis Dei et vero ejus cultu simul vivant omni 
 conamiue intentus Cluistianam religionem inibi stabilire pacem etiam et quietem cum 
 
 21
 
 APPExXDIX. 9» 
 
 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, l)y our said cliarter ; 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 wliatsoever, which any conservator of Scottish privileges, 
 in foreign nations, either in J' lance, 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 ; and, nevertheless, shall either en- 
 tirely desert the province of Nova Scotia, and the conliues of the same, without licence 
 of the said Sir AVilliam, and his aforesaid, or their deputies, or the society and colony 
 aforesaid, wherewith they were first combined and conjoined, and sliall 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 boundaries ; and it shall be lawful to the aforesaid Sir W illiam, 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 WiU 
 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, 
 
 II ^'
 
 (;o APPENDIX. 
 
 nativis incolis et agrestibus indigenis earum terranim colere (unde ipsi et eoruni quilibet 
 mercimonia ibi exercentes tuti cum oblectamento ca quae niagno cum labore et peri- 
 culo acqwisiverunt quiete possidere possiiit) nos pro nobis nostrisque haeredibus et suc- 
 cessoribus volumus nobisque visum est per pracsentis cartae nostrae tenorem dare et 
 concedere dicto Domino Willehno Alexander suis(jue praedict et eorum deputatis vel 
 aliquibus aliis gubernatoribus officiariis et ministris quos ipsi constituent liberam et ab- 
 solutam potestatem tractandi et pacem atfinitatem 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 rcdigi 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 substitutes vel assignatos pro ipsoriim defensione et 
 tutela omni tempore et omnibus justis occasionibus in posterum aggrediendi ex 
 inopinato invadendi expellendi et armis repellendi tarn 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 vel invasionis contra provinciam illam aut 
 ejusdem incolas inferre praesumunt quod ut iacilius 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 substitutes 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 necessariis 
 pro usu ejusdem coloniae mutuo commercio cum nativis inhabitantibus earum provin- 
 ciarum aut aliis qui cum ipsis plantatoribus nierciraonia contrahent transportandi et
 
 APPENDIX. 61' 
 
 by every endeavour, and also upon cultivating peace and quiet with the native and 
 wild original inliat)itants of those lands, (whence they and every of them following 
 mercliandise there in safety may (juietly 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 ])0wer 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 tiie 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, sliall 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 sup|)ly 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 imder our ensigns and 
 flags, with as many ships, of as great burden, and as well furnished with ammunition, 
 men, and victuals, as they can provide, at any time, and as often as to them shall seem 
 expedient, and of transporting all persons, of whatever quality and degree, being our 
 subjects, or who shall choose to submit themselves to our authority for the undertaking 
 of that voyage, with their beasts of burden, horses, cattle, sheep, goods, and property, 
 and munitions, engines, heavy arms, and military instruments, as many as they shall 
 choose, and other commodities, and things necessary for the use of the said colonv, 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
 
 62 APPENDIX. 
 
 omnes commoditates et mercinionia quae iis videbuntur necessaria in regnum nostrum 
 Scotiae sine alicujus taxationis custumae aut inipositionis pro eisdem solutione nobis vel 
 nostris custuniariis aut eoruni deputatis indc portandi eosdemque ab eorum officiis in hac 
 parte pro spatio septeni annorum diem datae pracseiitis cartae nostrae immediate sequen 
 inhibendo quamquidem solam connnoditatem 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 linitos licitum erit nobis nostrisque successori- 
 bus ex omnibus bonis et mercimoniis 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 impositione 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 intra spatium tredecim 
 mensium post ipsarum in quovis hujus regni nostri portn 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 easdera terras Novae Scotiae et ab eisdem navigare voluerint praeter dictam sum- 
 mam nobis debitam pro bonis et mercimoniis quinque libras de centum vel rations 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 mercimoniis quae 
 per nostros subditos coloniarum ductores negotiatores et navigatores de dicta provincia 
 Novae Scotiae ad quaevis nostra dominia aut alia quaevis loca exportabuntur vel a nostris 
 regnis et aliis locis ad dictam Novam Scotiam importabuntur ultra et supra dictam sum- 
 mam nobis destinatam quinque libras de centum Et de bonis et mercimoniis omnium 
 extraneorum aliorumque sub nostra obedientia minime existentium quae vel de provincia 
 Novae Scotiae exportabuntur vel ad eandem importabuntur ultra 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 nieliori 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 licitinn erit dicto Domino Willelmo suisque prftedictis unum aut plura
 
 APPENDIX. 63 
 
 commodities, and mcicliandisc, wliicli 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, innnediately 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 iSir 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 sura due to us for goods and merchandise, five pounds 
 out of the hundred, cither 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 colonics, 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 ; 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 |)ower, it hath seemed meet to 
 us, and we will that it shall be lawful to the said Sir William, and his aforesaid, to
 
 m APPENDIX. 
 
 munimina propugnacula castella loca fortia specula armamentaria lie hlokhoussis alia- 
 que aedificia cum portubus et navium statioiiibus aedificare vel aedificari causare una 
 cum navibus bellicis easdemquo pro dcfensione diet locorum applicare sicut dicto Do- 
 mino Wiilelmo suisque praedict pro dicto conamine perliciendo necessarium videbitur 
 p'oque ipsorum dcfensione militum catervas ibidem stabilire praeter pracdicta supra- 
 mentionata et generaliter omnia facere quae pro conquaestu augmentatione populi in- 
 habitatione preservatione et gubernatione dictae Novae Scotiae ejusdemque orarum et 
 territorii intra onines Inijusmodi limites pertinentias et dependentias sub nostro nomine 
 et authoritate quodcunque nos si personaliter essemus praesentes facere potuimus licet 
 casus specialem et strictum magis ordinem quam per praesentes praescribitur requirat 
 cui mandato volumus et ordinamus strictissimeque praecipimus omnibus nostris justici- 
 ariis officiariis et subditis ad loca ilia sese conferentibus ut sese applicent dictoque Do- 
 mino Wiilelmo 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 Wiilelmo suisque prae- 
 dict resistent nobis igitur placet quod omnes vicecomites senescalli regaiitatum balivi 
 pacis justiciarii praepositi et urbium balivi eorumque officiarii et justiciae ministri qui- 
 cunque dictum Dominum Willelmum suosque deputatos aliosque praedict in omnibus et 
 singulis legitimis rebus et factis quas f'acient aut intendent ad efFectum praedict similiter 
 et eodem modo sicuti nostrum speciale vvarrantum ad hunc effectum haberent assistent 
 fortisficient et eisdem suppetias f'erant 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 f'uturo piraticam exercentes 
 per mare vel terram bona alicujus abstulerint vel aliquod injustum vel indebitum liosti- 
 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 stato 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 faciuora committent bona ablata non restituent 
 aut restitui faciant infra limitatum tempus quod tunc in posterum sub nostra protectione 
 et tutela niinime eruut et quod licitum erit omnibus principibus aliisque praedict delin-
 
 APPENDIX. 65 
 
 build, or to cause to be built, one or more strong holds, fortresses, castles, forts, towers, 
 depots of arms, lie bloldiousis, and other edifices, with ports and harbours, together with 
 ships of war, and to apply the same for the defence of tiic said places, as to the said 
 8ir \\ illiaui, and his aforesaid, sliull 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 prescribed by these presents ; 
 to which mandate we will, and ordain, and strictly enjoin all our justiciaries, officers, 
 and subjects, betaking themselves to those places, that they apply themselves, and 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 reiractory, and will refuse to go to the same places, 
 or will resist the said Sir William, and his aforesaid, it is, therefore, our pleasure, that 
 all sheriffs, seneschals, bailiffs of regalities, justices of the peace, mayors, and bailiffs of 
 towns, and their officers, and ministers of justice whosoever, shall assist, reinforce the 
 said Sir William, and his deputies, and others aforesaid, in all and singular the lawful 
 things and acts which they shall do, or intend to the 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 : 
 
 I
 
 m APPENDIX. 
 
 quentes eos hostiliter prosequi et invadeie Et licet neminem nobilem aut generosum de 
 patria hac sine licentia nostra decedere statutum sit nihilominus volumus quod praesens 
 hoc diploma sufficiens erit licentia et vvarrantum omnibus qui se huic itincri committent 
 qui laesacmajestatis non sunt rci vel aliquo alio speciali mandato inhibiti atque etiam per 
 praesentis cartae nostrae teuoreni declaramus volumusque quod nemo patria hac dece- 
 dere permittatur versus dictam Novam Scotiam nullo tempore nisi ii qui juramentum 
 supremitatis nostrae primum susceperint ad quern cfFectum nos per praesentcs dicto 
 Domino Willelmo suiscjue praedict vel corum conservatori vel dcputatis idem hoc 
 juramentum omnibus personis versus illas terras in ea colonia sese conferentibus 
 requirere et exhibere pleuariam potestatem et authoritatem damns et concedimus 
 Praeterea nos cum avisamento et consensu antedict pro nobis et successoribus nos- 
 tris declaramus decernimus et ordinamus quod omnes nostri subditi qui ad dictam 
 Novam Scotiam proficiscentur aut earn incolent eorumque omnes liberi et posteritas 
 (jui ibi nasci contigerit aliique omnes ibidem periclitantes habebunt et possidebunt 
 omnes libertates immunitates et privilegia liberorum et naturalium subditorum regni 
 nostri Scotiae aut aliorum nostrorum dominiorum sicuti ibidem nati i'uissent Insuper nos 
 pro nobis et successoribus nostris damns et concedimus dicto Domino Willelmo Alex- 
 ander suisque praedict liberam potestatem stabiliendi ct 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 suraentur et interpretabuntur in amplissima forma et in favorem 
 dicti Domini Willelmi suorumque praedict Praeterea nos ex nostra certa scientia pro- 
 ])rio niotu authoritate regali et poteslate regia fecimus univinius annexavimus ereximus 
 creavimus et incorporavimus tenoreque praesentis cartae nostrae facimus uninius annexa- 
 mus erigimus creamus et incorporamus totam integram dictam provinciam et terras 
 Novae Scotiae cum omnibus earuudera limitibus et maribus ac mineralibus auri ct 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 tam regalium piscium quam aliorum civitatibus liberis 
 portubus liberis burgis urbibus baroniae burgis maris portubus anchoragiis machinis mo- 
 lendinis officiis et jurisdictionibus omnibusque aliis generaliter et particulariter supra 
 mentionatis in unum integrum et liberum Dominium et Baroniam per praedict nomen 
 Novae Scotiae omni tempore affuturo appellandum Volumusque et concedimus ac pro 
 nobis et successoribus nostris decernimus et ordinamus quod unica sasinanunc 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 supranientionatis 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
 
 APPENDIX. 67 
 
 And although there be a statute that no nobleman or gentleman depart from this 
 country without our licence, nevertheless, we will that this present diploma shall be a 
 sufficient licence and warrant to all who shall undertake this voyage, who are not guilty 
 of treason, or inhibited by some other special mandate : And also we declare and will, 
 by the tenor of our present charter, that no person may be permitted to depart from 
 this his country, for the said Nova Scotia, at any time, except those who shall first have 
 taken the oath of our supremacy, to which effect we, by these presents, do give and 
 grant to the said Sir ^Villiam, 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, witli the advice and 
 consent aforesaid, for ourselves and our successors, declare, decree, and ordain, that all 
 our subjects who shall proceed to the said Nova Scotia, or shall inhabit it, and all their 
 children and posterity who shall chance to be born there, and all others adventuring 
 thither, shall have and possess all liberties, immunities and privileges, of free and na- 
 tural subjects of our kingdom of Scotland, or of other our dominions, as if they had 
 been born therein : ^loreover, 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 tiie 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 \\'illiam, and his 
 aforesaid : jNIoreover, we, of our certain knowledge, proper motive, regal authority and 
 royal power, have made, iniited, 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 whatsoevei-, 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, wc, with the advice and consent above expressed, for ourselves and our succes- 
 
 1 i2
 
 68 APPENDIX. 
 
 expresso pro nobis et successoribus nostris dispensavimus tcnoreque praesentis cartae 
 nostrae modo subtus mentionat dispensamus in peipetuum Tenen et Haben totarn et 
 iiitegram dictam vegionem et dominium Novae Scotiae cum omnibus cjusdem limitibus 
 infra praedicta maiia mineralibus auii et argenti cupri chalibis stauni plumbi aeris f'erri 
 aliisque quibuscunque fbdinis margaritis lapidibus praeciosis lapicidinis silvis virgultis 
 mossis marresiis lacubus aquis piscationibus tam in aquis dulcibus quam salsis tarn rega- 
 lium piscium qiuuii aliorum civitatibus liberis burgis liberis portubus urbibus baroniae 
 burgis maris portubus anchoragiis machinis molendinis officiis ec jurisdictionibus omni- 
 busque aliis generaliter et particulariter supra mentionat cumque omnibus aliis privile- 
 giis libertatibus immunitatibus casuaiitatibus aliisque supra expressis praefato Domino 
 Wiilelmo Alexander hacredibus suis et assignatis de nobis nostrisque successoribus in 
 feodo haereditate libero dominio libera baronia et regalitate imperpetuum per omnes rectas 
 metas et limites suas prout jacent in longitudine et latitudine in domibus aediliciis aedi- 
 ficatis et aedificandis boscis planis moris marresiis viis semitis aquis stagnis rivolis pratis 
 et pascuis molendinis multuris et eorum sequelis aucupationibus venationibus piscationi- 
 bus petariis turbariis carbonibus carbonaiiis cuniculis cuniculariis columbis columbariis fa- 
 brilibus brasinis brueriis et genistis silvis nemoribus et virgultis lignis tignis lapicidiis lapi- 
 de et calce cum curiis bludewitis placitis haerezeldis furca fossa sok sac thole theme infang- 
 theifFoutfangtheiff' vvrak wair veth vert vennesoun pitt et gallows ac cum omnibus aliis et 
 singulis libertatibus commoditatibus proficuisasiamentis ac justis suis pertinentiis quibus- 
 cunque tam non nominatquam nominat tam subtus terra quam supra terram procul et prope 
 ad praedict regionem et dominium spectan sen juste spectare valen quomodolibet in futu- 
 rurn libere quiete plenarie integre honoriMce bene et in pace absque ulla revocatione contra- 
 dictione impedimento aut obstaculo quocunque Solvendo inde annuatim dictus Dominus 
 Willelmus Alexander suique praedict nobis nostrisque haeredibus et successoribus unum 
 denarium monetae Scotiae super fundum diet terrarum et provinciae Novae Scotiae ad fes- 
 tum Nativitatis Christi nomine albae firmae si petatur tanturn Et quia tentione diet terra- 
 rum et provinciae Novae Scotiae et alba firma supradict deficiente tempestivo et legitime 
 introitu cujusvis haeredis vel haeredum dicti Domini Willelmi sibi succeden quod difficul- 
 ter per ipsos pracstari potest ob longinquam distantiara ab hoc regno nostro eaedem 
 terrae et provincia ratione non-introitus in manibns nostris nostrorumve successorum 
 devenient usque ad legitimum legitimi haeredis introitum et nos nolentes dictas terras 
 ct regionem quovis tempore in non-introitu cadere neque dictum Dominum Willelmum 
 suosque praedict beneficiis et proiicuis ejusdem eatenus frustrari idcirco nos cum avisa- 
 mento praedict cum dicto non-introitu quandocunque contigerit dispensavimus tenoreque 
 ejusdem cartae nostrae pro nobis et successoribus nostris dispensamus ac etiam renun- 
 ciavimus et exoneravimus tenoreque praesentis cartae nostrae cum consensu praedicto 
 renunciamus et exoneramus dictum Dominum Willelmum ejusque praescript praef'atum 
 non-introitum dictae provinciae et regionis quandocunque in manibus nostris deveniet
 
 APPENDIX. 69 
 
 sors, have dispensed, and, by the tenor of our present charter, in manner under men- 
 tioned, do dispense for ever ; To hold, and to have, whole and entire, the said region 
 and lordship of Nova Scotia, with all the limits of the same, within the aforesaid seas, 
 minerals of gold and silver, coj)[)er, steel, tin, lead, brass and iron, and other mines 
 whatsoever ; niargarites, precious stone-stones, quarries, woods, coppices, mosses, 
 marshes, lakes, waters, fisheries, as well in fresh waters as in salt, as well of royal fishes 
 as of others, cities, free burghs, free ports, towns, burghs of barony, sea ports, anchor- 
 ages, machines, mills, offices and jurisdictions, and all other things, generally and par- 
 ticularly above mentioned ; and with all other privileges, liberties, immunities and 
 casualties, and other things above expressed, to the aforesaid Sir William Alexander, 
 his heirs and assigns, of us and our successors, in free inheritance, free lordship, free 
 barony and regality, for ever, through all their just boundaries and limits, as they lie in 
 length and breadth, in liouses, edifices, built and to be built, boscages, plains, moors, 
 marshes, highways, paths, waters, pools, rivulets, meadows and pastures, mills, mul- 
 tures, and their sequels, 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, heriots, unlaws, and raids of women, with free ingress 
 and egress, and with fork, foss, sok, sac, toll, theme, infangtheifT, outfangtheifT, wrak, 
 weir, veth, forestry, venison, pit and gallows ; and with all other and singular the 
 liberties, commodities, profits, easements, and their rightful appurtenances wiiatsoever, 
 as well not named as named, as well beneath the earth as above the earth, far and 
 near, belonging, or which can in any wise justly belong, to the aforesaid region and 
 lordship, for the future, freely, quietly, plenarily, entirely, honourably, well, and 
 in peace, without any revocation, contradiction, impediment or obstacle whatsoever : 
 The said Sir "William Alexander, and his aforesaid, paying yearly thereout to ns, 
 and to our heirs and successors, one penny of Scottish money upon the soil of the 
 said lands and province of Nova Scotia, at the festival of the Nativity of Christ, under 
 the name of quit rent only, if it be demanded : And because, by the tenure of the said 
 lands and province of Nova Scotia, and by the aforesaid quit rent, in default of timely 
 and lawful entry of any heir or heirs of the said Sir W^illiam, succeeding to him, which 
 may with difficulty be performed by them, on account of the fur distance from this 
 our kingdom, t!ie same lands and province, by reason of non-entry, will come into 
 the hands of us or our successors, until the lawful entry of the lawful heir : And we 
 being unwilling that the said lands and region should at any time fall into non-entry, 
 or that the said Sir William, and his aforesaid, should be so far deprived of the benefits 
 and profits of the same, therefore we, with the advice aforesaid, have dispensed with the 
 said non-entry, whensoever it shall have occurred ; and by the tenor of the same, our 
 charter, for ourselves and our successors, do dispense, and also have renounced and exo- 
 nerated, and, by the tenor of our present charter, with the consent aforesaid, do renounce 
 and exonerate the said Sir A\'illiam, and his aforesaid, the aforesaid non-entry of the
 
 70 APPENDIX. 
 
 aut ratione non-introitus cadet cum omnibus quae desuper sequi possunt proviso tameii 
 quod dictus Dorainus Willelmus suique haeredes et assignati infra spatium septem an- 
 norum post decessum et obitum suorum praedecessoruni aut introituni ad possessionem 
 diet terrarum aliorumque praedict per ipsos vel eorum legitimes procuratores ad liunc 
 efFectum potestatem habentes nobis uostrisque successoribus homagium faciant et dictas 
 terras dominium et baroniam aliaque praedict adeant et per nos recipiantur sec\mdum 
 leges et statuta dicti regni nostri Scotiae Denique nos pro nobis et successoribus nostris 
 volumus deccrnimus et ordinamus praesentem banc nostram cartam et infeof'amentum 
 supra script praedict terrarum dominii et regionis Novae Scotiae privilegia et libertates 
 ejusdem in proximo nostro Parliamenta dicti regni nostri Scotiae cum contigerit ratifi- 
 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 hac 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 et concedere quam sasinam nos per praesentis cartae nostrae teno- 
 rem adeo legitiuiam et ordinariam esse declaramus ac si praeceptum sub testimouio nos- 
 tri mao-ni sigilli in amplissima forma cum omnibus clausulis requisitis ad liunc effectum 
 praedict haberet penes quod nos pro nobis et successoribus nostris imperpetuum dispen- 
 samus In cujus 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 mariscallo 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 rotulorum registri ac consilii cleiico Joanne 
 Cokburne de Ormestoun nostrae justiciariae clerico et Joanne Scott de Scottistarvet 
 nostrae cancellariae directore militibus Apud castcllum nostrum de Windsore decimo 
 die mensis Septembris anno Domini millesimo sexcentesimo vigesimo primo regnorum- 
 (jue nostrorum annis quinquagesimo quinto et decimo nono respective.
 
 APPENDIX. 71 
 
 said province and region, wliensoever it shall come into our hands, or fall, by ix-ason of 
 non-entry, with all things which can ensue therefrom, provided, however, that the said 
 Sir AVilliani, and his heirs and assigns, within tlie space of seven years after the decease 
 and death of tlieir 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 : JMoreover, 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 William, 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, jNIarrpiis 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 Eyvie and Uripduut, &c. our Chan- 
 cellor ; Thomas, Earl of i\Ielros, Lord Bynning and Byres, our Secretary ; our beloved 
 familiar councillors. Sirs Richard Cokburne, the younger, of Clerkingtoun, our Keeper 
 of the Privy Seal ; George Hay of 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 ^\'indsor, 
 the 10th day of September, anno Domini lG'21, and of our reigns the fifty-fifth and 
 nhieteenth years respectively.
 
 72 APPENDIX. 
 
 Per Signaturam manu S. D. N. Regis suprasciiptam manibusqiie nostri Cancel- 
 larii Thesaurarii Principalis Secrctarii reliquonnnq Doniinorum nostroriim 
 Commissionariorum ac Secreti nostri Consilii dicti Regni Scotiae subscript. 
 
 Writtin to the Great Seall, 
 29. Septemb. l621. 
 J. Scott, 
 gratis. ) 
 
 Sigellat. Edinburgi, > 
 
 «9. Septemb. 1621, 
 Ja. Raithe, 
 grs. 
 
 •; : > . > ., 
 
 . .' . )
 
 APPENDIX. 73' 
 
 By Signature, by the hand of our Sovereign Lord the King, superscribed, and 
 by the hands of our Chancellor, Treasurer, Principal Secretary, and of the 
 other Lords, our Conimi.ssioncrs, and of our Privy Council of the said king- 
 dom of Scotland, subscribed. 
 
 Writtin to the Great Seall, 
 29. Septemb. 1621, 
 J. Scott, 
 gratis. 
 Sealed at Edinburgh, 
 29. Septemb. IG21, 
 Ja. Raithe,
 
 APPENDIX. 
 
 No. II. 
 
 Charter of Novodavms in favour of Sir William Alexander of Menstrie, Knight, 
 of the Lands, Lordship and Barony of Nova Scotia, in America. 
 
 Carolus Dei gratia Magnae Britanniae Franciae et Hiberniae Rex Fideique Defensor 
 Omnibus probis hominibus totius terrae suae clericis et laicis salutem Sciatis nos semper 
 ad quamlibet quae ad decus et eraolumentum regni nostri Scotiae spectaret occasionem 
 amplectandum fuisse intentos nullamque aut fliciliorem aut magis innoxiam acquisitionem 
 censere quam quae in exteris et incultis regnis ubi vitae et victui suppetunt commoda 
 novis deducendis coloniis facta sit praesertim si vel ipsa regna cultoribus prius vacua vel 
 ab infidelibus quos ad Christianam converti fidem ad Dei gloriam interest plurimum 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 beneficio haec gens hac tempestate sit nobiscum reputantes quamque 
 honesto aliquo et utili cultu earn studiose exerceri ne in deteriora ex ignavia et otio pro- 
 labatur expediat plerosque in novam deducendos regionem quam coloniis compleant 
 operae praetium duximus qui et animi promptitudine et alacritate corporumque robore 
 et viribus quibuscunque difficultatibus si qui alii mortalium uspiam se audeant opponere 
 hunc conatum huic regno maxime idoneum inde arbitramur quod virorum tantummodo 
 et mulierum jumentorum et frumenti non etiam pecuniae transvectionem postulat neque 
 incommodam ex ipsius regni mercibus retributionem hoc tempore cum negotiatio adeo 
 imminuta sit possit reponere hisce de causis sicuti et propter bonum fidele et gratum 
 dilecti nostri consiliarii Domini 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 igitur ex regali nostra ad Christianam religionem propagandam et 
 ad opulentiam prosperitatem pacemque naturalium nostrorum subditorum dicti regni 
 nostri Scotiae acquirendam cura sicuti alii principes extranei in talibus casibus hactenus 
 fecerunt cum avisamento et consensu praedilecti nostri consanguinei et consiliarii Joannis 
 Comitis de Mar Domini Erskyn et Garioche &c. summi nostri thesaurarii computorum 
 rotulatoris collectoris ac thesaurarii novarum nostrarum augmentationum hujus regni 
 nostri Scotiae ac reliquorum dominorum nostrorum commissionariorum cjusdem regni 
 nostri Dedimus concessimus et disposuimus tenoreque praesentis cartae nostrae Dam us 
 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
 
 APPENDIX. 75 
 
 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 unprejudicial, than what may be made by 
 conducting new colouies 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 kinc- 
 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, arc, 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 diiliculties 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 from 
 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<Tht, 
 who, at his own expenses, the first of those of our country, undertook the conductiuf 
 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 propagating 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 JNIar, Lord Erskyn and Garioche, &c. our High Treasurer, 
 Comptroller, 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 j)resent charter give, grant and dispone to the afore- 
 said Sir William Alexander, his heirs or assignees whatsoever, heritabiv, all and sundrv 
 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 
 
 k2
 
 7G APPENDIX. 
 
 appellat jacen prope latitiidinem quadraginta triiim graduum aut eo circa ab equinoxiali 
 linea versus septentrionem a quo proniontorio versus littus maris tenden ad occidentem 
 ad stationem navium Sanctae jNIariae vulgo St Marie's haj/ et deinceps versus septentrio- 
 nem per directam lineam introitum sive ostium niagnae illius stationis navium trajicien 
 quae excurrit in terrae orientalem plagam inter regiones Suriquorura et Stecheminorum 
 vulgo Suriquois et Stechemines ad fluvium vulgo Sanctae Crucis appellat et ad scatu- 
 riginem remotissimam sive fontem ex occidentali parte ejusdem qui se primum praedicto 
 riuvio 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 appeliatum et dein- 
 ceps versus euronotum ad insulas Bacalaos vel Cap Brittomi vocat reliquendo easdem 
 insulas 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 comprelienden 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 praecinctuum earundem et ab euro- 
 noto ubi jacet Cap Brittoun et ex australi parte ejusdem ubi est Cap de Sable omnia 
 maria ac insulas versus meridiem intra quadraginta leucas dictarum orarum littoraliinn 
 earundem magnam insulam vulgariter appellat He de Sable vel Sablon includen jacen 
 versus carbane vulgo south-soicfh-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 aff'uturo nomine Novae Scotiae in America gaudebunt quas etiam 
 praelatus Dominus Willielmus in partes et portiones sicut ei visum fuerit dividet eis- 
 demque nomina pro bene placito imponet Una cum omnibus fbdinis tam regalibus 
 auri et argenti quam aliis fbdinis 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 Reservando solummodo nobis 
 et successoribus nostris decimam partem metalli vulgo are auri et argenti quod ex 
 terra imposterum efFodietur 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 
 margaritis 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 which 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, connnonly known and called by the name of Gathepc 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 4-.3th 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, all 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 diggino^, 
 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 other minerals, that thereby they may the more easily bear the 
 great charges in extracting the foresaid metals, together with pearls, and whatsoever 
 other precious stones, quarries, woods, shrubs, mosses, muirs, lakes, waters, fishings, as
 
 78 APPENDIX. 
 
 tarn regalium piscium quam allorum venatione aucupationc commoditatibus et haere- 
 ditamentis quibuscunque Una cum plenaria potestate privilegio et jurisdlctione li- 
 berae regalitatis capellae et canccllariae imperpetuum cumipie donatione et jure patro- 
 natus ccclcsiaruni capullaniaruin et beiieficiorum cum tcneiitibus tenandriis et libere 
 tenentium servitiis earundem Una cum officiis justiciariae et adniiralitatis respective 
 infra onines bondas respective supra mentionat Una etiam cum potestate civitates libe- 
 ros burgos liberos portus villas et burgos baroniae erigendi ac fora et nundinas infra 
 bondas diet terrarum constituendi curias justiciariae et adniiralitatis infra limites diet 
 terrarum fluviorum portuum et mariura tenendi una etiam cum potestate iniponendi 
 levandi et recipiendi omnia tolonia custumas anchoragia aliasque diet burgorum fororum 
 iiundinarum et libcrorum portuum devorias et eisdem possidendi et gaudendi adeo libere 
 in omnibus respectibus sicuti quivis baro major vel minor in hoc regno nostro Scotiae 
 gavisus est aut gaudere poterit quovis tempore praeterito vel futuro cum omnibus aiiis 
 praerogativis privilegiis immunitatibus dignitatibus casualitatibus proficuis et devoriis 
 ad dictas terras maria et bondas earundem spectan et pertinen et quae nos ipsi dare et 
 concedere possumus adeo libere et ampla forma sicuti nos aut aliquis nostrorum 
 nobilium progenitorum aliquas cartas patentes literas infeofamenta donationes aut 
 diplomata concesserunt cuivis nostro subdito cujuscunque gradus aut qualitatis cuivis 
 societati aut communitati tales colonias in quascunque partes extraneas deducenti 
 aut terras extraneas investiganti in adeo libera et ampla forma sicuti eadem in hac 
 praesenti carta nostra insererentur Facimus etiam constituimus et ordinamus dictum 
 Dominum Wiilielmum Alexander haeredcs sues et assignatos vel eorum deputatos 
 nostros Haereditarios Locum tenentes generales ad repraesentandum nostram perso- 
 nam regalem tam per mare quam per terram in regionibus maris oris et finibus 
 praedict in petendo diet terras quamdiu illic manserit ac redeundo ab eisdem ad 
 gubernandum regendum puniendura et remittendum omnes nostros subditos quos 
 ad dictas terras ire aut easdem inhabitare contigerit aut qui uegotiationem cum eisdem 
 suscipient vel in eisdem locis remanebunt ac eisdem ignoscendum et ad stabiliendum 
 tales leges statuta constitutiones 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 incolaruni in omnibus causis 
 tam criminalibus quam civilibus visum fuerit et easdem leges regimina formas et caere- 
 monias alterandum et mutandum quoties sibi vel suis praedictis pro bono et commodo 
 dictae regionis placuerit ita ut dictae leges tam legibus hujus regni nostri Scotiae quam 
 fieri possunt sint Concordes Volumus etiam ut in casu rebellionis aut seditionis legibus 
 utatur militaribus adversus delinquentes vel imperio ipsius sese subtrahentes adeo libere 
 sicuti aliquis 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 imposterum aliquid jurisclamei commoditatis autlioritatis aut 
 interesse in et ad diet terras aut provinciam praedict vel aliquam inibi jurisdictionem 
 virtute alicujus praecedentis dispositionis aut diplomatis praetendere possunt Et ut viris 
 honesto loco natis sese ad expeditionem istam subeundam et ad coloniae plantationem in
 
 APPENDIX. 79 
 
 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, tenandrics, 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 anyone beino- 
 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 and 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 said country or its inhabitants, iii 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 our 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-
 
 80 APPENDIX. 
 
 dictis terris addatur animus nos pro nobis nostrisque haercdibus et successoiibus cum 
 avisamento et consensu pracdict virtute praesentis cartae nostrae damus et concedimus 
 liberam et plenariam potestatam praefato Domino Willielmo Alexander suisque praedict 
 conferendi favores privilej^ia munia et honores in demerentes cum plenaria potestate 
 eisdem aut eorum alicui quos cum ipso Domino Willielmo suis([ue praedict pactiones vel 
 contractus facere pro eisdem terris contigerit sub subscriptione sua vel suorum praedict 
 et sigillo infra mentionato aliquam portionem seu portiones dictarum terrarum portuum 
 navium stationum fluviorum aut praemissorum alicujus partis disponendi et extradonandi 
 erisendi etiam omnium erenerum 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 ofRcia titulos jura et potestates constituendi et designandi tales capita- 
 neos officiarios balivos gubernatores clericos omnesque alios regalitatis baroniae et burgi 
 officiarios 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- 
 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 et fortunas pro commodo et incremento ejusdem periculo committent et eosdem 
 ab officio removendi alterandi et mutandi prout ei suisque praescript videbitur expediens 
 Et quum hujusmodi conatus non sine magno labore et sumptibus fiunt magnamque 
 pecuniae largitionem requirant adeo ut privati cujusvis fortunas excedant et multo- 
 xum suppetiis indigeant ob quam causam dictus Dominus Willielmus Alexander suique 
 praescript cum diversis nostris subditis aliisque pro particularibus periclitationibus et suii- 
 ceptionibus ibidem qui forte cum eo suisque haeredibus assignatis vel deputatis pro terris 
 piscationibus mercimoniis aut populi transportatione cum ipsorum pecoribus rebus et 
 bonis versus dictam Novam Scotiam contractus inibunt volumus ut quicunque tales 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 Willielmo suisque praedict prout esse 
 praejudicio et nocumento verum etiam nostrae tam laudabili intentioni obstabit et detri- 
 mentum inferet tunc licitum erit dicto Domino Willielmo suisque praedict vel eorum 
 deputatis et conservatoribus inframentionatis in eo casu sibi suisve praedict quos ad hunc 
 effectum substituet omnes tales summas 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 potestateni 
 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 praedict et praedictos periclitatores per 
 periclitationem et transportationem populorum cum ipsorum bonis et rebus ad statutum 
 diem perficientur et ipsi cum suis omnibus pecoribus et bonis ad littus illius provinciae
 
 APPENDIX. 81 
 
 tion, and tlic planting of a colony in the said lands, we, 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, oflices and honours, on the deserving, with plenary 
 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 practising the same in 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 hunh, and return therefrom, as shall 
 seem to him necessary, according to the (jualities, 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 aforesaids 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 probably 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, effi.'cts 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 tlie 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 de])uties 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, w ith their goods and effects, at an appointed day, and they, with all their Hocks 
 
 L
 
 82 APPENDIX. 
 
 aninio coloniam ducendi et remanendi appellent et nihilominus postea vel omnino pro- 
 vinciam Novae Scotiae et ejusdem confitiia sine licentia dicti Domini Willielmi suorum- 
 que praedict vel eoruni deputatorum aut societatem et coloniam praedict nbi primum 
 combinati et conjuncti fuerant dcrclinquent et ad agrestes indigenas in locis remotis et 
 deseitis habitandum sese conferent fjiiod tunc amittent et fbrist'acient omnes terras prius 
 lis concess omnia etiam bona infra omnes praedictas bondas licitumque erit praedicto 
 Domino Willielnio suisque praedict eadem fisco applicare et easdem terras recognoscere 
 eademque omnia ad ipsos vel eorum aliquem quovismodo spectantia possidere et suo pe- 
 culiari usui suorumque praedict applicare et convertere Et ut omnes dilecti nostri sub- 
 diti tam regnorum nostrorum et dominiorum quam alii extranei quos ad dictas terras aut 
 aliquam earundem partem ad mercimonia contralienda navigare contigerit melius sciant 
 et obedientes sint potestati et authoritati per nos in praedictum fidelem nostrum consi- 
 liaruni Dominum Willielmum Alexander suosque praedict collatae in omnibus talibus 
 comniissionibus vvarrantis et contractubus quos quovis tempore f'uturo faciet concedet et 
 constituct pro decentiori et validiori constitutione ofEciariorum pro gubernatione dictae 
 coloniae concessione terrarum et executione justiciae dictos inhabitantes periclitantes 
 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 habe- 
 bunt ad ofRcium Locum tenentis justiciariae et admiralitatis spectan quod per dictum 
 Dominum Willielmum Alexander suosque praedict vel per sues deputatos omni tempore 
 aff'uturo custodietur in cujus uno latere nostra insignia insculpentur cum his verbis in 
 ejusdem circulo et margine Sigillum Regis Scotie Anglie Fkancie et Hybeunie 
 et in altero latere imago nostra nostroruraque successorura 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 maxima necessarium sit ut omnes dilecti nostri subditi quotquot dictam provinciam 
 Novae Scotiae vel ejus confinia incolent in timore Omnipotentis Dei et vero ejus cultu 
 simul vivant omni conamine intentus Christianam religionem inibi stabilire pacem etiam 
 et quietem cum nativis incolis et agrestibus aboriginibus earum terrarum colere (unde ipsi 
 et eorum quilibet mercimonia ibi exercentes tuti cum oblectamento ea quae magno cum 
 labore et periculo acquisiverunt quiete possidere 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- 
 tionem cum agrestibus illis aboriginibus et eorum principibus et quibuscunque aliis regi- 
 men 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
 
 APPENDIX. 83 
 
 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 
 AV'illiam, 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 shall 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 the 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 comin"-, 
 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 Hybcrnie, 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 and 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- 
 
 l2
 
 84 APPENDIX. 
 
 per ipsos silvestres fideliter observentur quod nisi fiat arma contra ipsos sumendi quibus 
 redigi possunt in ordinem sicuti dicto Domino ^\'iIlielmo suisque praedict et deputatis 
 suis pro honore obedientia et Dei servitio ac stabilimcnto defensione et conservatione 
 authoritatis nostrae inter ipsos expediens videbitur Cum potestate etiam praedicto 
 Domino Willielmo Alexander suis([ue praescriptis per ipsos vel eorum deputatos substi- 
 tutos vel assignatos pro eorum defensione et tutela omni tempore et omnibus justis oc- 
 casionibus imposterum aggrediendi ex inopinato invadendi expellendi et armis repellendi 
 tam per mare quam per terram omnibus modis onnies et singulos qui sine speciali licentia 
 dicti Domini Willielmi suorunique praedict terras eas inhabitare aut mercaturam exer- 
 cere in dicta provincia Novae Scotiae aut quavis cjusdem parte conabuntur et similiter 
 omnes alios quoscunque qui aliquid danini detrimenti destructionis laesionis vel invasionis 
 contra provinciam illara aut ejusdem incolas inferre praesumunt quod ut facilius fiat lici- 
 tura erit dicto Domino Willielmo suisque praedict eorum deputatis fiictoribus et assig- 
 natis contributiones a periclitantibus et incolis ejusdem levare in unum cogere per pro- 
 clamationes vel quovis alio ordine talibus temporibus sicuti dicto Domino Willielmo 
 suisque praedict expediens videbitur omnes nostros subditos infra dictas limites dictae 
 provinciae Novae Scotiae inhabitantes et mercimonia ibidem exercentes convocare pro 
 meliori exercitio necessariorum supplemento et populi ac plantationis diet terrarum aug- 
 mentatione et incremento Cum plenaria potestate privilegio et libertate diet Domino 
 Willielmo Alexander suisque praescriptis per ipsos vel eorum substitutos per quaevis 
 maria sub nostris insioniis et vexillis navig-andi cum tot navibus tanti oneris et tam bene 
 munitione viris et victualibus instructis sicuti possunt parare quovis tempore et quoties 
 iis videbitur expediens ac omnes cujuscunque qualitatis et gradus personas subditi nostri 
 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 necessariis pro usu ejusdem coloniae mutuo commercio cum nativis inhabitantibus 
 earum provinciarum aut aliis qui cum ipsis plantatoribus mercimonia contrahent 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 vel nostris custumariis aut eorum deputatis inde portandi eosdemque ab eorum 
 ofiiciis in hac parte pro spatio septem annorum diem datae praesentis cartae nostrae im- 
 mediate sequen inhibendo quamquidem solam commoditatem per spatium tredecim an- 
 norum imposterum libere concessimus tenoreque praesentis cartae nostrae concedimus et 
 disponimus 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- 
 vinciam 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 devoria ab ipsis im-
 
 APPENDIX. m 
 
 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, c'X])L'lling, and, with arms, 
 repelling in all ways, as well by sea as by land, all and sundry wiio 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 5 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 tbereof, 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 : ^\ ith 
 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 flags, 
 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 scum 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 of 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 ])art, for the space of 
 seven years, immediately Ibllowiug 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, live pounds 
 per cent, only, according to the ancient manner of mercantile trading, without any other
 
 80 APPENDIX. 
 
 posterum levare et exigere quaequidem summa quinque libiarum pro centum sic soluta 
 per diet Dominuni Williolmum suosque praedict aliisque iiostris officiariis ad hunc effec- 
 tum constitutis exinde licitum erit dicto Domino Willielnio suisque praedict eadem bona 
 de hoc regno nostro Scotiae in quasvis alias partes et regiones extraneas sine alicujus 
 alterius custumae taxationis vel devoriae solutione nobis vel nostris haeredibus aut suc- 
 cessoribus aut aliquibus aliis transportare et aveliere proviso tamen quod dicta bona 
 infra spatium tredecini mensium post ipsarum in quovis hujus regni nostri portu ap- 
 pulsioneni navi rursus imponantur Dan et conceden absolutani et plenariani potesta- 
 tem dicto Domino Willielnio suisque praedict ab omnibus nostris subditis qui colo- 
 nias deducere mercimonia cxercere aut ad easdem terras Novae Scotiae et ab eisdem 
 navigare voluerint praeter dictam summam nobis debitara pro bonis et mercimoniis quin- 
 que libras de 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 usus sumendi levandi et recipiendi et similiter 
 de omnibus bonis et 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 vel a nostris regnis et aliis locis ad dictam Novam Scotiam 
 importabuntur ultra et supra dictam summam nobis destinatam quinque libras de cen- 
 tum Et de bonis et mercimoniis omnium extraneorum aliorumque sub nostra obedientia 
 minime existentium quae vel de dicta provincia Novae Scotiae exportabuntur vel ad ean- 
 dem importabuntur ultra et supra diet summam nobis destinatam decern 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 Et pro meliori dicti Domini Wil- 
 lielmi suorumque praedict aliorumque omnium nostrorum subditorum qui dictam Novam 
 Scotiam inhabitare vel ibidem mercimonia cxercere voluerint securitate et commoditate 
 et generaliter omnium aliorum qui nostrae authoritati et potestati sese subdere non 
 o-ravabuntur nobis visum est volumusque quod licitum erit dicto Domino Willielmo 
 suisque praedictis unum vel plura munimina propugnacula castella loca fortia specula 
 armamentaria lie hlokhousds aliaque aediticia cum portubus et navium stationibus aedi- 
 ficare vel aedificari causare una cum navibus bellicis easdemque pro defensione diet loco- 
 rum applicari sicuti dicto Domino Willielmo suisque praedict pro dicto conamine perfi- 
 ciendo necessarium videbitur proque ipsorum defensione militum catervas ibidem stabi- 
 lire praeter praedicta supramentionata et generaliter omnia facere quae pro conquaestu 
 auo-mentatione populi inhabitatione preservatione et gubernatione dictae Novae Scotiae 
 ejusdemque orarum et territorii infra omnes hujusmodi limites pertinentias et dependen- 
 tias sub nostro nomine et authoritate quodcunque nos si personaliter essemus praesentes 
 facere potuimus licet casus specialem et strictum magis ordinem quam in hac praesenti 
 carta nostra praescribitur requirat cui mandato volumus ct ordinamus strictissinieque 
 praecipimus omnibus nostris justiciariis oflRciariis et subditis ad loca ilia sese conferenti- 
 bus ut sese applicent dictoque Domino Willielmo suisque praedictis in omnibus et sin-
 
 APPENDIX. 91 
 
 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 the 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 ; 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 cliarter 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 A\'illiaui, and his foresaids, iu all
 
 88 APPENDIX. 
 
 gulis supra mentionatis earum substantiis et dependentiis intendant et obediant eisque 
 in caruni executione in omnibus adeo sint obedientes ut nobis cujus personam representat 
 esse deberet sub poena disobedientiae et rebellionis Declaramus insuper per praesentis 
 cartae nostrae tenorem omnibus Christianis regibus principibus et statibus quod si aliquis 
 vel aliqui qui imposterum de dictis coloniis vel de earum aliqua sit in provincia Novae 
 Scotiae predict vel aliqui alii sub eorum licentia et mandate quovis tempore futuro pira- 
 ticam exercentes per mare vel terram bona alicujus abstulerint vel aliquod injustum aut 
 indebitum hostiliter contra aliquos nostros uostrorumve haereduni aut successorum seu 
 aliorum regum principum gubernatorum aut statuum in foedere nobiscum existen 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 haeredes et successores 
 publicas proclamationes fieri curabimus in aliqua parte dicti regni nostri Scotiae ad hunc 
 eff'ectum magis commoda ut diet pirata vel piratae qui tales rapinas committent state 
 tempore per prefatas proclamationes limitando plenarie restituant quaecunque bona sic 
 ablata et pro dictis injuriis omnimodo satisfacient ita ut dicti principes aliique sic con- 
 quirentes satisfactos se esse reputent et quod si talium facinorum commissores neque 
 satisfactionem condignam facient nee fieri infra tempus limitandum curabunt quod tunc 
 is vel ii qui tales rapinas commiserint neque sunt nee imposterum sub nostra obedien- 
 tia et protectione erint quodque licitum et legitimum erit omnibus principibus aliisque 
 quibuscunque tales delinquentes eorumve quemlibet omni cum liostilitate prosequi et 
 invadere Et licet neminem nobilem et generosum de patria liac sine licentia nostra 
 discedere statutum sit nihilominus volumus quod hoc presens nostrum diploma sufficiens 
 erit licentia et warrantum omnibus qui se huic itinere committent nisi qui laesaema- 
 jestatis sint rei aut aliquo alio speciali mandato sint inhibiti atque per praesentis cartae 
 tenorem declaramus volumusque 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 praesentis cartae nostrae dicto Domino 
 Willielmo suisque praedict vel eorum conservatoribus et 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 avisa- 
 mento et consensu praedicto pro nobis et successoribus nostris declaramus decernimus et 
 ordinamus quod omnes nostri subditi qui ad dictam Novam Scotiam proficiscentur aut 
 eam incolent eorumque omnes liberi et posteritas qui ibi nasci contigerit aliique omnes 
 ibidem periclitantes habebunt et possidebunt omnes libertates imraunitates et privilegia 
 liberorum et naturalium subditorum regni nostri Scotiae aut aliorum nostrorum domi- 
 niorum sicuti ibidem nati fuissent Insuper nos pro nobis et successoribus nostris damns 
 et concedimus dicto Domino Willielmo suisque praedict liberam potestatem stabiliendi 
 et cudere causandi monetam pro commercio liberiori inhabitantium dictae provinciae 
 cuiusvis metalli quo modo et qua forma voluerint et easdem praescribent Atque etiam 
 si quae quaestiones aut dubia super interpretatione et constructione alicujus clausulae in
 
 APPENDIX. 89 
 
 and sundry the matters above mentioned, their substances and dependencies ; and be 
 equally obedient to them in their execution in all points, as he ought 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 kinj^s, 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 
 lieirs 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, prince, 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 couunitters of such crimes shall neither make condign satis- 
 faction, nor take care that it be made within the time to be limited, that then he 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 be 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 Nx)va Scotia, unless they who 
 shall have previously taken the oath of our supremacy ; to which effect, we, bv our 
 present charter, give and grant lull power and authority to the said Sir AVilliam, and 
 his foresaids, or their conservators and dej)Uties, to retpiire 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 ^Villiam, 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 
 presc! ibe 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 
 
 M
 
 90 APPENDIX. 
 
 hac praesenti carta nostra contentae occurrent ea omnia sumentur et interpretabuntur 
 in amplissima forma ct in favorem dicti Domini Willielmi suorumque praedict Prae- 
 terea nos ex nostra certa scientia proprio motu authoritate et potestate regali fecimus 
 univimus annexavimus ereximus creavimus et incorporavimiis tenoreque praesentis cartae 
 nostrae facimus unimus annexamus erigimus creamus et incorporamus totam et iiitegram 
 dictam provinciam et terras Novae Scotiae cum omnibus earundem limitibus et mariis 
 in unum integrum et liberum Dominium et Baroniam per praedict nomen Novae Sco- 
 tiae orani tempore futuro appellandum Volumusque et concedimus ac pro nobis nos- 
 trisque successoribus decernimus et ordinamus quod unica sasina nunc per dictum Do- 
 minum Willielmum suosque praedict omni tempore aflPuturo modo subsequen sumenda 
 stabit et sufficiens erit sasina pro tota dicta regione cum omnibus partibus pendiculis pri- 
 vilegiis casualitatibus libertatibus et immunitatibus ejusdem supramentionatis absque ali- 
 qua alia speciali aut particuliari sasina per ipsum suosque praedict apud aliquam aliam 
 partem capienda penes quam sasinam omniaque quae inde secuta sunt aut sequi possunt 
 nos cum avisamento et consensu praescript pro nobis et successoribus nostris dispensavi- 
 mus tenoreque praesentis cartae nostrae modo subtus mentionat dispensamus imperpe- 
 tuum Tenen et Haben totam et integram dictam regionem et dominium Novae Sco- 
 tiae cum omnibus ejusdem limitibus infra praedicta maria cunctisque aliis privilegiis 
 libertatibus immunitatibus casualitatibus aliisque supra expressis praefato Domino Wil- 
 lielmo Alexander haeredibus suis et assignatis de nobis et successoribus nostris iu fcodo 
 haereditate libero dominio libera baronia et regalitate imperpetuum modo supra men- 
 tionato per omnes rectas metas et limites suas prout jacent in longitudine et latitudine 
 in domibus aedificiis aedificatis et aedificandis boscis planis raoris marresiis viis semitis 
 aquis stagnis rivolis pratis pascuis et pasturis molendinis multuris et eorum sequelis aucu- 
 pationibus venationibus piscationibus petariis tiubariis carbonibus carbonariis cuniculis 
 cuniculariis columbis columbariis fabrilibus brasinis brueriis et genistis silvis nemoribus 
 et virgultis lignis tignis lapicidiis lapide et calce cum curiis et eorum exitibus haerezeldis 
 amerciamentis bluidwitis et mulierum raerchetis 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 et singulis libertatibus commoditatibus proficuis asia- 
 mentis ac justis suis pertinentiis quibuscunque tam non nominat quam nominat tam sub- 
 tus terra quam supra terrara procul et prope ad praedict dominium baroniam et regali- 
 tatem spectan sen juste spectare valen quomodolibet in futurum libere quiete plenarie 
 integre honorifice bene et in pace absque ulla revocatione contradictione impedimento 
 aut obstaculo quocunque Reddendo inde annuatim dictus Dominus Williclnuis Alex- 
 ander suique praedict nobis nostrisque haeredibus et successoribus unum denarium mo- 
 netae regni nostri Scotiae super fundo diet terrarum et provinciae Novae Scotiae ad fes- 
 tum Nativitatis Christi nomine albae firmae 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 Willielmi 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 uostrorumve succes-
 
 APPENDIX. 91 
 
 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 knowledge, proper motive, 
 authority, and royal power, have made, united, annexed, erected, created and incor- 
 porated, 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 
 "N^'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 liis foresaids, at any other part or place thereof; as to 
 ivhich 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 liold 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, thcrclbre, 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 
 
 ii 2
 
 »2 APPENDIX. 
 
 soriira devenient usque ad legitimuin legitimi haercdis introitum et nos nolentes dictas 
 terras et regionem quovis tempore in non-introitu cadere neque dictum Dominum Wil- 
 lieimum suosque praedict beneficiis et proficuis ejusdem eatenus frustrari idcirco nos 
 cum avisamento praedict cum dicto non-introitu quandocunque contigcrit dispensavi- 
 mus tenoreque praesentis cartae nostrae pro nobis et successoribus nostris dispcnsamus 
 ac etiara renunciavimus et exoneravimus tenoreque ejusdem cartae nostrae cum con- 
 sensu praedicto renunciamus et exoneramus dictum Dominum Willieluium suosque 
 praedictos de praefato non-introitu dictae provinciae et regionis cum omni beneficio et 
 commoditate earundem firmis proficuis censibus et devoriis hujusmodi cum omnibus 
 quae desuper sequi possunt quandocunque in manibus nostris devenient aut ratione 
 non-introitus cadent proviso tamen quod dictus Dominus Willielmus suique haeredes 
 et assignati infra spatium septem annorum post deccssum et obitum suorum praedeces- 
 sorum aut introitum ad possessionem diet terrarum aliorumque praedict per ipsos vel 
 eorum legitimes procuratores ad hunc cffectum potestatem habentes nobis nostrisque 
 successoribus homagium faciant et dictum dominium terras et baroniam aliaquc prae- 
 dict adeant et per nos recipientur secundum leges et statuta dicti regni nostri Scotiae 
 in quoquidem casu haeredes et assignati dicti Domini Willielmi Alexander non obstan 
 praedicto non-introitu gaudcbunt ct possidebunt omnes et singulas praedictas terras re- 
 o-ionem et dominium Novae Scotiae cum omnibus et singulis proficuis comnioditatibus 
 beneficiis privilegiis et libertatibus earund ac si dictus non-introitus non fuisset vel ac 
 si in non-introitum nunquam cecidissent Quaf.quidem terrae regio et dominium Novae 
 Scotiae tarn terra firma quam insulae infra omnes et singulas dictas bondas ct maria 
 earund cum silvis piscationibus tam in aquis salsis quam dulcibus tarn piscium regalium 
 quara aliorum cum margaritis praeciosis lapidibus venis mineralibus regiis auri ct argenti 
 aliis mineralibus ferri chalybis plumbi cupri aeris stanni orichalci aliisque quibuscunque 
 ac omnibus privilegiis libertatibus immunitatibus praerogativis officiis et jurisdictionihus 
 aliisque specialiter et generaliter supra-recitat perprius ad diet Dominum Wiliielmum 
 Alexander suosque haeredes et assignatos pertinuerunt et per ipsum suosque procura- 
 tores suo nomine in manibus nostris debite et legitime resignatae fuerunt et hoc pro 
 novo nostro haereditario infeofamento earund in favorem dicti Domini Willielmi suo- 
 rumve haeredum et assignatorum praedict in debita et competenti forma ut congruit 
 concedend tenend ut dictum est cum dispensatione non-introitus modo prescript© cum 
 contigerit Insuper nos cum avisamento praescripto pro bono fideli et gratuito servitio 
 nobis per dictum Dominum Wiliielmum Alexander praestito et impenso et respectu 
 habito magnarum et multarum expensarum et sumptuum conferend et inipendend in 
 plantatione diet bondarum dominii et regionis Novae Scotiae et earund sub nostra obe- 
 dientia reductione aliisque gravibus et causis onerosis De novo Dedimus concessimus 
 et disposuimus tenoreque praesentis cartae nostrae Damns concedimus et disponimus 
 praefato Domino Willielmo Alexander suisque haeredibus et assignatis haereditarie 
 Omnes et singulas praedictas terras dominium et regionem Novae Scotiae una cum om- 
 nibus et singulis castellis turribus fortaliciis manerierum locis domibus aedificiis ex- 
 structis et exstruendis hortis pomariis plantatis et plantandis toftis croftis pratis pascuis
 
 APPENDIX. 93 
 
 heir ; and wc, being unwilling that tlie said lands and country shall, at any time, fall 
 in non- entry, oi' that the said Sir William, and his foresaids, should be so far disap- 
 pointed of the benefits and profits of the same, we, with advice foresaid, have dispen- 
 sed, and, by our present cliartei-, for us and our successors, dispense with the said non- 
 entry whensoever it shall happen ; as also we have renounced and exonerated, and, by 
 our said charter, with consent foresaid, renounce and exonerate the said Sir William, 
 and his foresaids, of the aforesaid non-entry of the said province and country, with all 
 benefit and advantage thereof, farms, profits, taxations and duties whatsoever, with all 
 that can follow thereupon, whensoever they shall, by reason of non-entry, come or fall 
 into our hands, provided, however, the said Sir William, and his heirs and assignees, 
 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, by themselves, or their law- 
 ful procurators, having power for this effect, do homage to us and our successors, and 
 enter to the said lordship, lands and barony, and others foresaid, and shall be re- 
 ceived by us, according to the laws and statutes of our said kingdom of Scotland ; in 
 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 foresaid 
 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, with 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, immunities, 
 ])rerogatives, 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. iVIoreover, 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 
 for other weighty and onerous causes, have of new given, granted, and disponed, and, 
 by 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 lauds, 
 lordship, and country of Nova Scotia, together with all and sundry castles, towns, for- 
 talices, manor places, houses, buildings, built and to be built, gardens, orchards, plant- 
 ed and to be planted, tofts, crofts, meadows, grazings, woods, shrubs, mills, multures.
 
 94 APPENDIX. 
 
 silvis virgultis niolendiiiis multuris ten-is molendiuariis piscatiouibus tarn rubrorum 
 quam alioruni piscium sahiionum piscium tarn inagnoium quam niinutorum tarn in aquis 
 salsis quam dulcibus una cum omnibus et singulis decimis garbalibus earundem inclusis 
 tani magnis quam minutis cum advocatione donatione beneficiorum ecclesiarum et ca- 
 pellaniarum et juribus patronatuum earund annexis connexis dependentiis tenentibus 
 tenandriis et libera tenentium servitiis earund Una cum omnibus et singulis praecio- 
 sis lapidibus gemmis cristallo alumine corallio et aliis cum omnibus et singulis minera- 
 libus venis et lapicidiis earund tarn metallorum et mineralium regalium et regiorum 
 auri et argenti infra dictas bondas et dominium Novae Scotiae quam aliorum mineralium 
 ferri chalybis stanni plumbi cupri aeris orichalci aliorumque mineralium quorumcunque 
 cum omnibus et singulis partibus pendiculis pertinentiis privilegiis libertatibus et im- 
 munitatibus omnium et singularum praedictarum terrarum dominii et regionis Novae 
 Scotiae cum plena potestate et privilegio dicto Domino Willielmo Alexander hae- 
 redibus suis et assignatis tentandi et investigandi fodiendi et scrutandi fundum 
 pro eisdem 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 extrahend in posterum de dictis terris et regione) et reliqua 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 videbitur expediens civitates liberos burgos baroniae villas villulas sinus portus 
 stationes navium et designandi nuudinas et macella tarn in villis quam extra et im- 
 ponendi levandi et recipiendi omnes et quascunque tolonias custumas anchoragia alias- 
 que devorias earundem civitatum burgorum baroniae villarum villularum nundinarum 
 macellorum liberorum portuum sinuum navium stationum cum omnibus et singulis 
 casualitatibus proficuis et devoriis quibuscunque Et easdem civitates et burgos ador- 
 nandi tam infra burgos quam extra cum sufficientibus et habilibus magistratibus pacis 
 justiciariis praepositis balivis senioribus constabulariis aliisque officiariis civibus burgen- 
 sibus liberis et 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 coram salmones haleces aliaque stapuli bona 
 et mercimonia tam magna quam minuta Et extruendi ecclesias capellas xenodochia 
 lie hospitallis and maisoun dieues cruces forales campanilia campanas aliaque omnia 
 ornamenta 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 universitates sufficien- 
 ter provisas cum habilibus et sufficientibus magistris rectoribus regentibus professoribus 
 omnium scientiarum literarum linguarum et sermonum et providendi pro sufficiente 
 alimento stipendiis et victu pro eisdem ad hunc effectum ac etiam erigendi praelatos
 
 APPENDIX. 95 
 
 mill lands, fishings, as well of red as of other fishes, salmon, large fish as small, in salt 
 water as in fresh, together with all and sundry toind sheaves thereof included, as well 
 great as small, with the presentation, gift of l)enelices, cliurches, and chapels, and 
 rights of patronage thereof, annexes, connexes, dependencies, tenants, tenandries, 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 iumiunities 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 assiijnecs, of trying and searchinir, dijrf^inf 
 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, only, being reserved to us and our succes- 
 sors), and the remainder of the said metals, 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 baronv, 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 sundiy casual- 
 ties, profits and duties whatsoever ; 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 cluirches, 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 erectiu", 
 founding, and constructing common schools, colleges, and universities, sufficiently 
 provided witli 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,
 
 96 APPENDIX. 
 
 archiepiscopos episcopos rectores et vicarios parochiarmn et ecclesiarum parochialium 
 et distribueiuli et divitlcMuli oninos praedict bondas diet regionis in diversis ct distinctis 
 vicecomitatibus provinciis et parochiis pro melioii provisioiie ecclesiarum et niiuisterii 
 divisione vicecomitatuinn et onini alia civili politia Et similiter fundandi erigendi et 
 instituendi scnatmn justiciae loca et justiciae collegia consilii et sessionis senatores 
 cariindem membra pro justiciae administratione infra dictam regionem aliaquc justiciae 
 et judicaturae loca I'raeterea erigendi et designandi tarn secreta ct privata con- 
 silia et sessiones pro publico bono et commodo dictae regionis et dand et con- 
 cedend titulos honores et dignitatcs raembris earundem et creand clericos et earun- 
 dem membra et designand sigilla et registra cum ipsorum custodibus Et etiam 
 eri"-endi et instituendi officiarios status cancellarium thesaurarium computorum ro- 
 tulatorem collectorem secretarium advocatum vel actornatum generalem clericum vel 
 clericos registri et rotulorum custodes justiciariae clericum directorem vel directores 
 cancellariae conservatorem vel conscrvatores privilegiorum dictae regionis advocatos 
 procuratores causarumque patronos earundemque solicitatores et agentes aliaque 
 membra necessaria Et similiter convocandi congregandi et constituendi conven- 
 tiones et congrcgationes ecclesiasticorum praelatoruin tam generales speciales vel pro- 
 vinciales conventiones quam alias pro politia et disciplina ecclesiastica et authorizandi 
 ratificandi et confirmandi easdem conventiones consilia et congrcgationes cum actis sta- 
 tutis et decretis inibi conclusis pro eorundem meliori authoritate Praeterea fecimus 
 constituimns et ordinavimus tenoreque praesentis cartae nostrae facimus constituimus 
 et ordinamus dictum Dominum Williehnum Alexander suosque haeredes et assignatos 
 nostros nostrorumve haeredum et successorum Locum tenentes generales ad reprae- 
 sentandum 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 autho- 
 ritatis et interesse infra dictas bondas et dominium Novae Scotiae vel alicujus judica- 
 turae aut jurisdictionis eatenus virtute alicujus praecedentis 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 
 aliosciue diet bondarum et regionis Novae Scotiae inhabitantes aut ibi proficiscentes 
 pacis aut legum transgressores ac faciendi sanciendi et stabiliendi ibidem leges tam 
 civiles quam criminales cum legibus justiciariae admiralitatis senescallatus regalitatis et 
 vicecomitatus pro eorum I)ene placito modo eaedem leges tam conformes sint legibus 
 Scotiae quam convenienter fieri potest respectu liabito circumstantiarum loci regionis 
 personarum et qualitatnm earundem Et similiter designandi gubernatores imperatores 
 et ductores omnium et singularum praedictarum civitatum burgorura portuum navium 
 stationum et sinuum et capitaneos etiam castrorum fortaliciorum et propugnaculorum 
 tam per mare et prope littus quam per terram bene ct sufficienter muniti instructi tt 
 fortificati militum turmis et copiis pro manutentione defensione et praeservationc
 
 APPENDIX. 97 
 
 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 : l'\irtlier, 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, stewardsliip, regality, and sheritiship, 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, boroughs, 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 
 sufficiently provided, appointed, and fortified with troops of soldiers and forces, for the 
 maintenance, defence, and preservation thereof, and the repelling of all domestic as 
 
 N
 
 98 APPENDIX. 
 
 earundem et repulsione omnium tam domesticarum quam extranearum invasionura 
 earund et convocandi congregandi et convenire faciendi omnes inhabitantes dictae re- 
 gionis ad efFectum praescriptum omnibus occasionibus necessariis ac pro repulsione et 
 resistantia omnium aliarura virium et violcntiarum quarumcunque Et pro meliori for- 
 tificatione diet dominii et regionis Novae Scotiae cum potestate dicto Domino Williel- 
 mo Alexander suisque praedict transportandi de dicto regno aliisve bondis convenien- 
 tibus omnia genera munitionis magna et minuta tormenta majora media vulgo canno- 
 nis (hmi-cannonis zetlingis falconis aeris et ferri sclopetos atque alia instrumenta et 
 belli machiuas cum sclopetis miuoribus vulgo muskett/s haghuittis lialf-huggis bom- 
 bardis vulgo pistolettis pulvere globulis aliisque necessariis victualibus et armis tam 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 tenoreque praesentis cartae nostrae facimus consti- 
 tuimus et ordinamus dictum Dominum Willielmum Alexander suosque haeredes et 
 assionatos haereditarie nostros Justiciarios Gkneuales in omnibus causis criminali- 
 bus inft-a dictam regionem et dominium Novae Scotiae Magnum Admirallum et 
 Dominum Regalitatis et Admiralitatis infra dictam regionem Haereditarios etiam 
 Senescallos ejusd omniumque et singularum regalitatum hujusmodi cum potestate 
 sibi suisque haeredibus et assignatis utendi exercendi et gaudendi omnibus et singulis 
 praefatis jurisdictionibus judicaturis et ofBciis 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 ofBciis 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 ofSciarios serjandos adjudicatores omniaque alia curiae membra omnium et sin- 
 gularum praefatarum judicaturarum etjurisdictionum respective cum omnibus feodis 
 devoriis et casualitatibus eisd spectan prout iis videbitur expediens sine praejudicio 
 oranimodo 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 
 "VVillielmi Alexander solunimodo et non aliter de quibuscunque partibus 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 neque 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 omnii)us tem- 
 poribus capi non potest atque etiam respectu liabito 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- 
 cedend de praedictis terris et dominio Novae Scotiae vel aliqua earundem parte
 
 APPENDIX, 99 
 
 well as foreign invasions of the same ; and of gathering, assembling, and making all 
 the inhabitants of the said country meet togetlier, 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 
 otEccs, with all and sundry privileges, prerogatives, innnunities, and casualties thereof, 
 in like manner, and as freely as any other Justice or Justices General, High Stewards, 
 Admirals, Sheriff's, 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 judicatures 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 onlv, 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 manii'old disadvantages which 
 may result, by default, of timely seisin being taken upon this present Patent, and upon 
 other charters, and similar inl'eftments granted, aiid to be granted, of the foresaid lands 
 and lordship of Nova Scotia, or any part thereof: Therefore, that this, our present 
 
 N 2
 
 100 APPENDIX. 
 
 igitur ut praesens haec nostra carta magis sit efficax ct ut sasina desuper magis 
 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 ct 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 integram praedictam regionem et dominium Novae Scotiae cum deci- 
 mis et decimis garbalibus earund inclusis et omnibus et singulis partibus pertinentiis pri- 
 vilegiis jurisdictionibus et libertatibus earundem aliisque generaiiter 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 et regionis prescript et omnibus 
 privilegiis jurisdictionibus et libertatibus ejusd respective aliisque specialiter et generaii- 
 ter supramentionat non obstante quod eaedem terrae regio et dominium Novae Scotiae 
 longe distet et discontigue jaceat a dicto regno nostro Scotiae penes quod nos cum avi- 
 samento et consensu praedicto dispensavimus tenoreque praesentis cartae nostrae dispen- 
 samus imperpetuum 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 tani 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 Doniinum 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 catenas 
 concessa Et praeterea non obstante praedicta unione licitum erit praedicto Domino 
 Willielmo Alexander suisque haeredibus ct assignatis dare concedere et disponere aliquas 
 partes vel portiones diet terrarum regionis et dominii Novae Scotiae iis haereditarie 
 spectan ad et in favorem quarumcunque personarura 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 vvarda 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 efFoctual, and that seisin thereupon may be more conveniently 
 taken, it is necessary, that seisin of all and 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 witliout an express union of the said country and 
 lordship of Nova Scotia to 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 countrj- 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 teiud sheaves thereof included, respectively, is, and shall be sufficient 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 kin'i-dom 
 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, concerniu"- 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 madz), 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 appioved and confirmed l)y us or our successors freely, without any composition 
 to be paid tlierefor : iSloreovcr, we, and our successors, shall receive whatsoever resigna- 
 iious shall be made by the said Sir "William Alexander, and his heirs and assignees, of
 
 1,02 APPENDIX. 
 
 haeredes et assignatos fiendas de totis et integris praefatis terris et dominio Novae Sco- 
 tiae vel alicujus earund partis in manibus nostris nostrorumque successorum et commis- 
 sionariortim praedict cum decimis et decimis garbalibiis eaiuud inclusis aliisque genera- 
 liter et specialiter supra mentionat recipiemus ad et in favorem cujuscunque personae aut 
 quarumcunque personarum (modo nostri sint subditi et sub nostra obedientia vivant) et 
 desuper infeofanienta expedient tenend in libera alba firma de nobis haeredibus et suc- 
 cessoribus nostris modo supra mentionat libere sine ulla compositione Quaequidem 
 terrae regio et dominium Novae Scotiae cum decimis garbalibus earund inclusis omnes- 
 que et singulae partes pendicula et pertinentiae privilegia jurisdictiones praerogativae et 
 libertates earund aliaque specialiter et generaliter supra mentionat una cum omni jure 
 titulo interesse jurisclameo tam petitorio quam possessorio quae nos nostrive praedeces- 
 sores aut suecessores habuinius habemus vel quovisuiodo habere clamare aut praetendere 
 potuimus ad easdem vel aliquam earund partem aut ad census firmas proficua et devorias 
 earundem de quibuscunque annis aut terminis praeteritis pro quacunque causa vel occa- 
 sione nos cum avisamento praedict pro rationibus supra mentionatis de novo damus con- 
 cedimus et disposuimus praedicto Domino Willielmo Alexander suisque haeredibus et 
 assignatis haereditarie imperpetuum renunciando et exonerando iisdem simpliciter cum 
 omni actione et instantia eatenus competenti ad et in favorem dicti Domini Wiliielmi 
 Alexander suorumque haeredum et assignatorum tam pro non solutione devoriarum in 
 ipsorum originalibus inf'eofamentis content quam pro non praestatione debiti homagii 
 eisdem confbrmiter 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 originale 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 competere 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 contigerit modo praedicto Insuper nos pro nobis et successoribus nostris cum 
 avisamento praedicto damns concedimus et committimus potestatem dicto Domino Wil- 
 lielmo 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 faciliori 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 ofEciariis ad hunc effectum necessariis Praeterea 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 Willielmo Alexander suisque haeredibus et assignatis 
 omnia loca privilegia praerogativas praeeminentias et praecedentias quascunque dat concess 
 et reservat vel dand concedend et reservand dicto Domino Willielmo Alexander suisque 
 haeredibus et assignatis ejusque successoribus Locum tenentibus dictae regionis et do- 
 minii Novae Scotiae per Equites auratos Baronettos reliquosque portionarios et consortes 
 dictae plantatiouis adeo ut dictus Dominus Willielmus Alexander suique haeredes mas-
 
 APPENDIX. 103 
 
 all and whole the foresaid lands and lordship of Nova Scotia, or of any part tlicreof in our 
 hand, and (those) of our successors and Commissioners foresaid, with the teinds and 
 teind sheaves thereof inchuled, and others generally and specially ahove mentioned, to and 
 in favour of whatsoever |)crson or persons, (provided they are our subjects, and live under 
 our obedience) ; And they shall pass infeltnients thereon, to be holden 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, privileges, 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 I'avour 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-fulfilment 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, wliich 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 : jNIoreover, 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 ; and for this eti'ect, 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 
 j)urpose : 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 AVilliam 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 Williaui Alexander, and his hcirs-male descending of his body,
 
 104 APPENDIX. 
 
 culi de corpore suo descenden tanquam Locum tenentes praedict sument et sumere 
 possunt locum praeiogativum praeeminentiam et praecedentiam tam ante omnes armi- 
 geros barones minores et generosos vulgo sqiu/ris lairdis and gentilmoi dicti regni 
 nostri Scotiae quam ante omnes praedictos Equites auratos Baronettos ejusd regni nos- 
 tri omnesque alios ante quos dicti Equites aurati Baronetti locum et praecedentiam 
 virtute privilegii dignitatis iis concess habere possunt pro cujus plantationis et coloniae 
 Novae Scotiae adjumento et jus praccipue respectu dicti Equites aurati Baronetti cum 
 ipsorum statu et dignitate cum avisamento praedicto in dicto regno nostro Scotiae creati 
 fuerant tanquam indicium speciale nostri favoris super tales generosos et honestos loco 
 natos collat praedictae plantationis et coloniae participes Cum hac expressa provisione 
 omnimodo quod numcrus praefatorum Baronettorum nunquam excedat centum et quin- 
 quaginta Denique nos cum avisamento praedicto pro nobis haeredibus et successoribus 
 nostris volumus decernimus et ordinamus quod hoc nostrum diploma et infeofamentum 
 ratificari approbari et confirmari cum omnibus ejusd contentis in proximo nostro Parlia- 
 mento regni nostri Scotiae et ut habeat vim robur et cfRcaciam acti statuti et decreti ejusd 
 supremae judicaturae penes quod nos pro nobis nostrisquc successoribus declaramus et 
 ordinamus praesentem banc nostram cartam dominis articulorum dicti nostri Parliamenti 
 pro ratificatione et confirmatione ejusd modo praescripto sufficiens fore warrantum 
 Insuper dilectis nostris 
 
 et vestrum cuilibet conjunctim et divisim Vice- 
 comitibus nostris in hac parte specialiter constitutis salutem Vobis praecipimus et man- 
 damus quatcnus jiracfato 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 tam generaliter quam particulariter superius cxpressatis 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 quaiTiquidem sasinam nos cum avisamento prae- 
 dicto pro nobis nostrisque successoribus tenore praesentis cartae nostrae volumus de- 
 claramus et ordinamus tam fore legitimam et sufRcientem quam si praecepta sasinae se- 
 paratim et ordinarie e nostra canccllaria ad eum 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 dispensaraus 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 milite nostro cancellario predilecto nos- 
 tro consanguineo et consiliario Thoma comite de Mclros domino Bynning et Byres 
 nostro sccretario 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 Blythvvode nostre justi- 
 ciarie clerico et Joanne Scot de Scotistarvet nostre cancellarie directore militibus Apud 
 aulam nostram de Otlandis duodecimo die mensis Julij anno Domini millesimo sexcen- 
 tesimo vigesimo quinto et regni nostri primo.
 
 APPENDIX. 105 
 
 as Lieutenants foresaid, shall and may take place, prerogative, pre-eminence, and prece- 
 dency, as well before all esquires, lairds, and j^entlemen, of our said kingdom of Scot- 
 land, as before all the foresaid Kniglits, Baronets, of our said kingdom, and all others, 
 before whom the said Knights, Baronets, in virtue of the privilege of dignity to them, 
 can have place and precedency, for the advancement of which plantation and colony of 
 Nova Scotia, and in respect of it especially, the said Kniglits, Baronets, were, with ad- 
 vice foresaid, created in our said kingdom of Scotland, with their state and dignity, as a 
 special token of our favour conferred upon such gentlemen, and honourably born 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, we, with advice foresaid, for us, our heirs and successors, will, decern, and or- 
 dain that this our Patent and infeftment, with all its contents, be ratified, approved, and 
 confirmed in our next Parliament of our kingdom of Scotland ; and that it may have the 
 force, 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 suflScient 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 lovites, 
 
 and 
 each of you, conjunctly and severally, our Sheriffs in that part, especially constituted, 
 greeting ; AV^e charge and command you, that ye 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. Li 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. ; William, Earl JSLarishall, Lord Keith, 
 &c. Marishall of our kingdom ; our beloved councillor, Sir George Ilav 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 l'2th day of July, anno Domini 
 lG'25, and the first of our reign. 
 
 o
 
 106 ■ APPENDIX. 
 
 No. III. 
 
 Act of Court of the Service of Alexander, Earl of Stirling, as Heir in special of 
 
 William, Earl 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 Menstrie, Miles, the first Earl 
 of Stirling, his great-great-great 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 
 specified. 
 
 At Edinburgh, the 2d day of July, in the year 1831, and within the Parliament or 
 new Session House there, in tlie Court-room of the First Division of the Court of Ses- 
 sion, in presence of George Tait, Esq. Sheriff-substitute of the sheriffdom 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, 
 Edinbui'gh, as procurator and mandatary for and in name of the said Alexander, Earl 
 of Stirling, &c. according to mandate dated the 2Sth 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 
 o-reat-great-great grandflither, 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 lUth and sealed the 15th days of 
 June last past : And the said Thon-as Christopher Banks, Esq. procurator and man- 
 datary foresaid, having desired the said Sheriff-substitute of the sheriffdom of Edin- 
 burgh to proceed to the execution of the office of Sheriff thereby committed to him.
 
 APPENDIX. 107 
 
 the said Sheriff made choice of Ephraim Lockhart, writer to his Majesty's signet, and 
 notary-public, to be clerk for the service of the said Alexander, Earl of Stirling, &c, as 
 heir foresaid, and of Lindsay llac, gownkeeper to the society of writers to the said 
 signet, to be officer for the court of the said service ; and who being both solemnly sworn, 
 made oath de fideli administratione ; 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 Sheriff-substitute of the sheriffdom of Edinburgh, as Judge appointed by the said 
 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 Ilobertson and James 
 Welsh, Esqrs. advocates, David Johnston, Esq. doctor of medicine in Edinburgh, 
 John Renton, James Balfour, James jNIacdonell, John Dickie, Henry Inglis junhr, 
 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 Banks, 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 Sherid'-dcpute of the sheriffdom of 
 Edinburgh, or his substitute. Sheriff of the sheriffdom of Edinburgh, specially consti- 
 tuted as aforesaid, at the instance of the said Alexander, Earl of Stirling, &c. for cog- 
 noscing him nearest and lawful heir of the said deceased A\'illiam, 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 sheriffdom 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-grcat-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 5lst of the Regis- 
 ter of the Great Seal, containing the record of a charter of novodamus under the said 
 
 o2
 
 108 -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 : K^ecundo, Extract registered instrument of seisin, following upon the pre- 
 cept in the said charter, in favour of the said William, Earl of Stirling, of date the 29th 
 day of September in the said year lC25, recorded in the General Register of Seisins, 
 &c. kept at Edinburgh, the 1st day of October and year foresaid : And, lastly. 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 11th day of October 
 1830, and duly retoured 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 lG21, 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 Sheriti'-substitute of the sheritrdom of Edinburgh, as 
 Judge foresaid, caused the said Lindsay Rae, officer of Court, call peremptorily and 
 openly in judgment all parties having or pretending to have interest ; which being ac- 
 cordingly done, and none compearing to object against the service of the said brieve, 
 and lawl'ul time of day being waited, the said procurator and mandatary protested contra 
 omnes 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 sheritidom 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 ; and who being all solemnly sworn by the said Judge, they made faith de 
 fideli adininistratione, 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 sheriffdom 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 parties 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)nnes non coinparenfes, 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 tlie said 
 deceased William, Earl of Stirling, his great-great-great grandfather, in all and sundry 
 the lands and others contained in the said claim, in which the said William, Earl of
 
 APPENDIX. 109 
 
 Stirling, died last vest and seised, and that 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 Clerk 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 sherifl'dom 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 his authority to the premises. 
 
 G. Tait. 
 
 Ei'H. LocKHART, N. 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, Edinburgh.)
 
 APPENDIX. 
 
 No. IV, 
 
 Instrwne?if of Seisin in favour of Alexander, Earl of Stirling and Dovan, of the 
 
 Lordship and Baron?/ of Nova Scotia. 
 
 In Dei nomine, Amen. Per hoc praesens publicum instrumentum cunctis pateat 
 evidenter et sit notum Quod anno incarnationis Domini millesimo octingentesimo et 
 trigesimo primo mensis vero Julii die octavo regnique serenissimi domini nostri Guliel- 
 iiii Quarti Dei gratia Britanniarum regis fideique defensoris anno secundo, In mei no- 
 tarii publici clerici vicecomitatus de Edinburgh et testium subscribentium praesentia 
 personaliter comparuit Ephraim Lockhart scriba signeto regio actornatus pro ac in. no- 
 mine praehonorabilis Alexandri Comitis de Stirling et Dovan adnepotis quond. Domini 
 Gulielmi Alexander de Menstrie militis primi Comitis de Stirling ciijus actornati po- 
 testas mihi notario publico subscribenti lucide constabat et cum Adamo DufF arniigero 
 advocato vicecomite deputato vicecomitatus de Edinburgh per praeceptum sasinae sub 
 insert, specialiter constituto ad Castrum de Edinburgh ubi per diet, praeceptum sasina 
 capienda est pro tota et Integra regione aliisque subtus memorat. nobiscum accessit, 
 HABENS 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- 
 quam propinquioris et legitimi haeredis diet, quond. Gulielmi Comitis de Stirling atavi 
 sui deserviti et retornati directum pro danda sasina illi omnium et singularum ter- 
 rarura aliorumque postea mentionat. content, in dicto praecepto sasinae sub insert. 
 QuoDQUiDEM praeceptum sasinae praedictus actornatus in nomine praefati Alexandri 
 Comitis de Stirling et Dovan exhibuit et pracsentavit dicto Adamo DufF vicecomiti an- 
 tedict. eumque rogavit quatenus ad executionem diet, praecepti sasinae secundum teno- 
 rem ejusdem 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 explicandum 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 mandato nostro per 
 « Georgium Tait armigerum vicecomitem substitutum vicecomitatus de Edinburgh tan- 
 ' quam vicecomitem ad eum effectum specialiter constitut. virtute commissionis sub tes- 
 ' timonio sigilli inibi spccificat. factum et ad capellam nostram retornatam compertum 
 ' est Quod quondam Dominus Willielmus Alexander de Menstrie miles primus Comes 
 ' de Stirling atavus praehonorabilis 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, Sfc. of Nova Scotia. 
 
 In the name of God, Amen. IJii 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 EJinburgli, 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 hold- 
 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 Doviii, 
 as nearest and lawful heir served and retoured to the said ^\'illiam, Earl of Stirliuir, his 
 great -great-great grandfather, for giving seisin to him of all and sundky 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 me, 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 : 
 
 ' 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. Forasjiucii as it is found, by an inquest made by our com- 
 ' mand, by George Tait, Esquire, Sheriff-substitute of the sheriffdom 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, \'is- 
 ' count of Stirling and Canada, Lord Alexander of Tullibodic, &e. bearer hereof, died
 
 112 APPENDIX. 
 
 ' obiit ad fidem et pacera regiam ultimo vestit. et sasit. ut de feodo in omnibus et sin- 
 ' gulis terris continentibus et insulis situat. et jacen. in America intra caput seu pro- 
 ' montorium conuiuiniter Cap de Sable appellat. jacen. prope latitudinem quadraginta 
 ' trium graduuni aut eo circa ab ccjuinoctiali linea versus septcntrionem a quo promon- 
 ' torio versus littus maris tenden. ad occidentem ad stationem navium Sanctae Mariae 
 
 * vulgo St Mary's Bay et deinceps versus septcntrionem per directam lineam introitum 
 ' sive ostium magnae illius stationis navium trajicien, quae excurrit in terrae orientalem 
 ' plagam inter regiones Suriquorum et Stecheminorum vulgo Suriquois et Stechemines 
 ' ad fiuvium vulgo Sanctae Crucis appellat. et ad scaturiginem remotissimam sive fontem 
 
 ♦ ex occidentali parte ejusd. qui se primum praedicto fluvio immiscit unde per imagina- 
 
 • riam directam lineam quae pergere per terram seu currere versus septcntrionem conci- 
 ' pietur ad proximam navium stationem in fluvium vel scaturiginem in magno fluvio de 
 ' Canada sese 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 magni fluvii de Canada sive magnae stationis navium et terras de New- 
 ' tbundland 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 fluminibus 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. magnam insu- 
 
 • lam vulgariter appellat. Isle de Sable vel Sablon includen. jacen. versus carban vulgo 
 ' soutb-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 affuturo nomine Novae Scotiae in America gauderent Quae etiam erant in 
 ' Gulielmo diet. Comite de Stirling vestit. secundum cartam de novodamus sub magno 
 ' siiiillo recni Scotiae de data duodecimo die mensis Julii anno Domini millesimo sex- 
 ' centesimo et vigesimo quinto fact. dat. et concess. per Carolum Magnae Britanniae 
 ' Franciae et Hiberniae regcm in favorem diet. Gulielmi Comitis de Stirling (tunc et 
 ' sub nomine Domini Willielmi Alexander) baeredum suorum et assignatorum quorum- 
 
 * cunque liaereditarie Et per quam cartam declaratur quod praeflitus Gulielnuis Comes 
 ' de Stirling terras praedict. in partes et portiones sicut ei visum fuerit dividerct eisdem- 
 
 * que nornina pro beneplacito imponeret Una cum omnibus fodinis tam regalibus auri 
 ' et argenti quam aliis fodinis ferri plumbi cupri stanni aeris ac aliis mineralibus quibus- 
 ' cunque cum potestate efFodiendi et de terra effbdere causandi purificandi et i-epurgandi 
 ' easdem ac convertendi ac utendi suo proprio usui aut aliis usibus quibuscunque sicuti
 
 APPENDIX. 113 
 
 ' at the faith and peace of the King, last vest and seised as of fee in all and suiulry the 
 
 * lands, continents and islands situate and lying in America, within the head or cape 
 ' coninioiily called Cap de Subic, lying near the latitude of forty-three degrees north 
 ' from the equinoctial line, or thereabouts, from which cape towards the sea-coast 
 ' verging to the west, to the naval station of St Mary, commonly called St Maiy'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 Stechemines, 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- 
 ' cecding eastwards 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 Gathepc 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 south-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-cast, 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 
 ' lG'25, 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 them to his own proper use, or other uses whatsoever, as should seem fit to the 
 
 1-
 
 114 APPENDIX. 
 
 diet. Gulielmo Comiti de Stirling haeredibus suis vel assignatis aut iis quos suo loco 
 in dictis terris stabilire ipsum contigcrit visum fuerit Keservando solummodo dicto 
 regi et suis successoribus deciniam partem nietalli vulgo ore auri et argenti quod ex 
 terra imposterum effodietur aut lucrabitur Relinqucndo dicto Gulielmo Comiti de 
 Stirling suisquc praedict. quodcunquc ex aliis metallis cupri chalibis f'crri stanni plumbi 
 aut aliorum mineralium diet, rex ac sui successores quovismodo exigere possunt ut eo 
 facilius magnos sumptus in extrahendis praef'atis metallis tolerare possunt una cum 
 margaritis vulgo pearls ac lapidibus praetiosis quibuscunque aliis lapicidinis silvis virgul- 
 tis mossis maresiis lacubus aquis piscationibus tam in aqua salsa quam recenti rcgalium 
 piscium quam aliorum venatione aucupatione commoditatibus et haereditamentis qui- 
 buscunque Una cum plenaria potestate privilegio et jurisdictione liberae regalitatis 
 capellae et cancellariae imperpetuum cumque donatione et jure patronatus ecclesiarum 
 capellaniarum et benefieiorum cum tenen. tenan. et libere tenen. servitiis earund. una 
 cum officiis Justiciariae et Admiralitatis respective intra omnes bondas respective supra 
 mentionat. Una etiam cum potestate civitatcs liberos burgos liberos portus villas et 
 bursos baroniae eriaendi ac fora et nundinas intra bondas diet, tcrrarum constituendi 
 curias justiciariae et admiralitatis intra limites diet, terrarum fluviorum portuum et 
 marium tenendi una etiam cum potestate imponendi Icvandi et recipiendi omnia tolonia 
 custumas anehoi'agia aliasque diet, burgorum ibrorum nundinarum et liberorum por- 
 tuum devorias et easdem possidendi et gaudendi adeo libere in omnibus respcctibus 
 sicuti quivis baro major vel minor in regno Seotiae gavisus est aut gaudere poterit quo- 
 vis tempore praetcrito vel futuro cum omnibus aliis praerogativis priviiegiis imniunita- 
 tibus dignitatibus casualitatibus proficuis et devoriis ad diet, terras maria et bondas 
 earund, speetan. et pertinen. et quae diet, rex dare et concedere poterit adeo libere et 
 ampla forma sicuti ipsi aut aliquis eorum nobilium progenitorum aliquas cartas patentes 
 literas infeof'amenta donationes aut diplomata conccsserunt cuivis subdito cujuscunque 
 gradus aut qualitatis cuivis soeietati aut communitati talcs eolonias in quascunque partes 
 extraneas deducenti aut terras extraneas investiganti in adeo libera et ampla forma 
 sicuti eadcm in dicta carta insererentur : Faciendo constituendo et ordinando diet. 
 Gulielmum Comitem de Stirling haeredes sues aut assignatos vel eorum deputatos diet, 
 regis Haereditarios Locumtenentes-gencrales ad repraesentaudum ejus personam rega- 
 lem tam 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 suseipient vel in eisdem loeis 
 remanebunt ac eisdem ignoscendum et ad stabilicnd. tales leges statuta constitutiones 
 direetiones instruetiones formas gubernandi et magistratuum ceremonias intra dictas 
 bondas sieut ipsi Gulielmo Comiti de Stirling aut ejus praedict. ad gubernationem 
 dictae regionis et ejusdem incolarum in omnibus causis tam criminalibus quam civili- 
 bus visum fuerit et easdem leges regimina formas et ceremonias alterand. et mutaud. 
 quoties sibi vel suis praedict. pro bono ct commodo dictae regionis placuerit ita 
 ut dictae leges quam legibus diet, rcgni Seotiae quam fieri possunt sint Concordes ; Et 
 dando et concedendo liberam et plenariam potestatem praefato Gulielmo Comiti de Stir- 
 ling suisq. praedict. conferendi favores privilegia munia et honores in demerentes cum
 
 APPENDIX. lin 
 
 ' said William, Earl of Stirling, his heirs or assigns, or to those wlio, in their place, 
 ' should happen to settle in the said lands : Reserving only to liis said Majesty and his 
 ' successors the tenth part of the metal, commonly called ore of gold and silver, that 
 ' shall afterwards he 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 tlie 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, hunting, 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 : 
 ' ToGKTHEU 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- 
 ' gigged 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 law-s 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 favours, privileges, 
 
 p2
 
 IIG APPENDIX. 
 
 * plenaria potestate eisdem aut eorum alicui quos cum ipso Gulielmo Comite de Stirling 
 ' suisq. praedict. pactiones vcl contractus faccre pro eisdem terris contigerit sub sub- 
 ' scriptione sua vcl suorum praedict. et sigillo in diet, carta mentionat. aliquam portionem 
 ' vel portiones diet, terrarum portuum navium stationuin fluviorum aut praemissorum 
 « alicujus partis disponendi et extradonandi ; erigendi etiam omnium generum machinas 
 ' artes facultates vel scientias aut casdem exerccndi in toto vel in parte sicuti ei pro bono 
 
 * ipsorum visum fuerit ; dandi etiam concedendi et attribuendi talia otficia titulos jura et 
 ' potestates sicuti ei necessarium videbitur secundum qualitates conditiones et persona- 
 ' rum merita ; Cum potestate diet. Gulielmo Comiti de Stirling suisque haeredibus et 
 ' assi^natis erigendi fundandi et extruendi scholas triviaies collegia universitates sufficien- 
 ' ter provisas cum habilibus et sufficientibus magistris rectoribus regentibus proCessoribus 
 ' omnium scientiarum literarum linguarum et sermonum et providendi pro sufficiente 
 ' aiimento stipendiis et victu pro eisdem ad hunc effcctum ; Ac etiam erigendi praelatos 
 ' archiepiscopos episcopos rectores et vicarios parocbiarum et ecclesiarum parocliialium 
 ' et distribiicndi et dividendi omnes praedict. bondas diet, rcgionis in diversis et dis- 
 ' tinctis vicecomitatibus proviuciis et parochiis pro meliori provisione ecclesiarum et mi- 
 ' nisterii divisione vicecomitatuum et omni alia civili poiitia ; Et similiter fundandi 
 ' eri'^endi et instituendi senatum 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 et sessiones pro publico bono et commodo dictae regionis et dand. et conce- 
 
 * dend. titulos honores et dignitates earund. membris ct creand. clericos et earund. 
 ' membra Et designand. sigilla et registra cum ipsorum custodibus et etiam erigend. 
 
 * et instituend. otficiarios status cancellarium tlicsaurarium computorura rotulatorem 
 ' collectorem sccretarium advocatum vel actornatum generalcra clericum vel clericos re- 
 « o-istri et rotulorum custodes iusticiariae clericum directorem vel directores cancellariae 
 
 * conservatorem vel conservatores privilegiorum dictae regionis advocates procuratores 
 « earundemq. solicitatores aliaque membra necessaria : Et pkaeterea dandi concedendi 
 
 * et disponendi aliquas partes vel portiones diet, terrarum et dominii Novae Scotiae lis hae- 
 ' reditarie spectan. ad et in favorem quorumcunque personarum eorum haeredum et assig- 
 
 * natorum haereditarie 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 infeoflxmenta et dispositiones per diet, rcgem 
 ' suosque successores libere sine aliqua compositione propterea solvend. approbabuntur 
 
 * et confirmabuntur : Insuper diet, rex suique successores 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. paitis in 
 ' manibus diet, regis suorumq. successorum et commissionariorum cum decimis et dcci- 
 « mis garbalibus earund. inclusis aliisque generaliter et speeialiter supra mentionat. re- 
 ' cipiet ad et in favorem cujuscunq. personae aut quarumcunq. personarum (modo sui sint
 
 APPENDIX. 117 
 
 ' employments and honours upon deserving persons, with full power to those or any of 
 ' them, who shall have happened to make covenants or contracts for the said lands with 
 
 * him, William, Karl of Stirling, and his foresaids, nnder the stdjscription of himself or 
 ' of his foresaids, and the seal mentioned in the said charter, of disponing and overgiving 
 ' any portion or portions of the said lands, ports, 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 (it ; also 
 
 * of giving, granting and bestowing such offices, titles, rights and powers as to him shall 
 
 * appear necessary, according to the qualities, conditions and merits of the persons ; 
 
 * With tower to the said William, Earl of Stirling, and his heirs and assigns, of erect- 
 ' 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- 
 ' rics, and living for them to that effect ; As also of instituting prelates, archbishops, 
 ' bishops, rectors and vicars of parishes 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 police; 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 : J''urther, of erecting and appointing also secret and 
 ' privy councils and sessions for the ])ublic good and advantage of the said country, and 
 ' Sliviuii' and tirantina: titles, honours and di;ruities to the members thereof, and crcatinir 
 ' 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 tiie privileges of the said country, advocates, procurators and solicitors there- 
 ' of, and other members necessary : And furtiieu, 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 favour 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-larm, 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 confirmetl by his said Majesty and his successors, 
 ' freely, without any composition to be paid therefor : JMoreover, 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 ^iajcsty, 
 ' and of his successors and commissioners, with the teinds and teind-sheaves thereof in- 
 ' eluded, and others generally and particularly above mentioned, to and in favour of 
 < whatsoever person or persons, (provided they are his ^Majesty's subjects, and live under
 
 118 APPENDIX. 
 
 ' siibditi et sub sua obetlientia vivant) et desuper infoofamenta expedient teneiid. in libera 
 ' alba firma de diet, rege haeredibus et successoribus suis modo supra mentionat. libere 
 
 * sine ulla compositione : Insuper dando concedendo et committendo potestatem dicto 
 ' Gulielmo Coniiti dc Stirling suisquc haeredibus et assignatis habendi et legitime sta- 
 ' bilicndi et cudere causandi monetam in diet, regione et dorainio Novae Scotiae et in- 
 ' ter inhabitantes ejusd. pro faciliori commercii et pactionum commodo talis metalli for- 
 ' niae et modi sicut ipsi designabunt aut constituent : Praeterea dando concedendo 
 ' ratificando et confirmando 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 successoribus Locumtenentibus dictae regionis et do- 
 ' minii Novae Scotiae per equites auratos baronettos reliquosque portionarios at consor- 
 ' tes diet, plantationis adeo ut dictus Gulielmus Comes de Stirling suique haeredes mas- 
 ' culi de corpore suo descenden. tanquam Locumtenentes praedict. sumerent et sumere 
 ' poterint locum praerogativam praeeminentiam et praecedentiam tarn ante omnes armi- 
 ' geros barones et generosos vulgo squires lairds and gentlemen dicti regni Scotiae quam 
 ' ante omnes praedict. equites 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 
 
 * Scotiae omni tempore future appelland. ; et per quam cartam ordinatur quod unica 
 ' sasina per diet. Gulielmum Comitem de Stii-ling 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 
 ' ejusdem 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 
 ' maguis privilegiis immunitatibus dignitatibus et honoribus latius continetur Er 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 
 
 * sexcentesimo et vigesimo quinto et recordat. in generali registro sasinarum &c. custo- 
 ' dit. apud Edinburgh primo 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 Et quod diet, terrae aliaque cum pertinen. de nobis 
 ' in capite immediate tenentur VoBis praecipimus 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 Scotiae per duplicationem albae firmae devoriae praefat. ter- 
 
 * rarum aliorumq. ut supra memorat. jacen. ut supra nobis debitis et hoc nullo mod»
 
 APPENDIX. If9 
 
 * his obedience,) and they shall pass infeftments thereon, to be holden in free blench- 
 
 * farm of his said Majesty, his lieirs and successors, in manner above mentioned, 
 
 * freely, without any composition : Moreover, i^^iving, i;rauting and committing 
 « power to the said William, Earl of Stirling, and liis heirs and assigns, of having 
 ' and lawfully establishing and causing coin money in the said country and lord- 
 ' ship of Nova Scotia, and for the readier convenience of commerce and agree- 
 ' ments amongst the inhabitants thereof, of such metal, form and fashion as they 
 ' shall appoint or fix : Furtheu, 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 suc- 
 
 * 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, as 
 ' 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 tlie 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 wliole 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 by 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- 
 ' prchending 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 dulyinfeft, 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 L'9th day of September, and recorded 
 ' in the General Register of Seisins, &c. kept at Edinburgh, the 1st day of October 
 ' anno Domini lG'25 : And that the said Alexander, Earl of Stirling and Dovan, is 
 ' nearest and lawful heir of the said deceased William, Earl of Stirling, his jrreat-sjreat- 
 ' great grandfather, in all and sundry the lands and othei's foresaid ; And that he is 
 ' of lawful age ; And that the said lands and others, with the pertinents, arc holden 
 
 ' immediately of us in chief. Wheufohe 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 jjcrson 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
 
 120 APPENDIX. 
 
 i omittatis praesentibus post proximum terminum minime valituris. Teste meipso apiid 
 ' Edinburgum septimo die mensis Julii regnique nostri anno secundo 1881. 
 
 ' Vicecomiti et Balivis suis de Edinburgh pro Alexandro Comite de Stirling et Do- 
 • van atavo. 
 
 (Sic suhscribitur) ' William Campbell J^ Sub.' 
 
 Post cujus praecepti sasinae perlectionem et testibus astantibus vulgari sermone in- 
 TERPRETATioNEM praefatus vicecomes virtute diet, praecepti sasinae et dispensationis 
 inibi content, et balivalis officii inibi sibi commissi statum et sasinam haereditariam pari- 
 terque possessionem actualem realem et corporalem dictarum terrarum aliorumque supra 
 specificat. cum pertinen. praenominato Alexandro Comiti de Stirling et Dovan haeredi 
 antedict. dedit tradidit pariterque delibehavit idque per traditionem terrae et lapi- 
 dis fundi diet. Castri in manibus diet, actornati pro ac in nomine diet. Alexandri Co- 
 mitis de Stirling et Dovan secundum tenorem diet, praecepti sasinae supra insert, et 
 dispensationis in eodem content, in omnibus. Super quibus omnibus et singulis prae- 
 missis praedict. actornatus a me notario publico subscribente instrumenta sibi fieri pe- 
 tiit. Acta erant haec apud diet. Castrum de Edinburgh intra exteriorem portam 
 ibidem virtute dispensationis praedict. horam inter undecimam ante meridiem et ipsum 
 meridiem die mensis anno Domini regnique serenissimi domini nostri regis quibus su- 
 pra praesentibus ibidem Davide Byars clerico in camera clerici vicecomitatus de 
 Edinburgh et Gulielmo Wilson lilio natu secundo niei notarii publici residen. in 
 Lyndoch Place apud Edinburgh testibus ad praemissa specialiter rogatis et requisitis ac 
 hocce publicum instrumentum mecum subscriben. 
 
 Veritas. Et cgo vcro Jacobus Wilson clerieus Edinburgensis dioceseos et clericus vicecomita- 
 
 .Ti. AViLsiiN, N.p. tus Edinburgensis ac notarius publicus auctoritate regali ac per Dominos Con- 
 
 l)av. Bi/ars, witness. ^.. , -hi* • ^ ■ • •■ 
 
 \v,ii. Ifi/son, witness. cilii et Scssionis sccundum tenorem acti rarhamenti admissus quia praemissis 
 
 omnibus et singulis dum sic ut praemittitur dicerentur agerentur et fierent una 
 cum praenominatis testibus praesens personaliter interf'ui eaque omnia et sin- 
 gula praemissa sic fieri et dici vidi scivi et audivi ac in notam cepi ideoque 
 hoc praesens publicum instrumentum manu aliena super banc et sex praeceden- 
 tes paginas peigamenae debite impressae cum marginale additione super pagi- 
 nam tertiam fideliter scriptum exinde confeci et in banc publici instrumenti for- 
 mam redegi signoque nomine et cognomine meis solitis et consuetis signavi et 
 subscripsi in fidem robur et testimonium veritatis omnium et singulorum prae- 
 missorum 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 lUi2, 103, 104, 105, 106, 107> 108, 
 109, 110 and 111th leaves thereof, conform to the act of Parliament made thereanent 
 in June l6l7, by uie, depute-keeper of said Register. Ar. Wishaut.
 
 APPENDIX. iaa 
 
 ' purpose. Witness myself at Edinburgh, the 7th day of July, and in the second year 
 ' of our reign, 1S31. 
 
 ' To the Sheriff of Edinburgh and his Bailies, for Alexander, Earl of Stirling and 
 • Uovan, to his great-great-great grandfather. 
 
 (Signed) ' William Campbell J^ Sub.' 
 
 After reading and interpreting 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 ofTice of bailiary therein committed to him, 
 GAVE and UEHVERED 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 Dovan, after the tenor of the said 
 precept of seisin above inserted, and dispensation contained in the same, in all points. 
 Whereupon, and upon all and sundry the premises, the foresaid attorney asked instru- 
 ments from me, the undersigned notary-public. These things were so done at the 
 said Castle of Edinburgh, 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 ofHcc 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 me subscribing. 
 
 And I truly, James Wilson, clerk of the diocese of Edinburgh, and clerk of the 
 sherifTdom of Edinburgh, and notary-public, by royal authority, and by the 
 Lords of Council and Session, acconiing to the tenor of the act of Parliament 
 admitted, because at all and sundry the premises, whilst thcv were, as is before 
 stated, so said, done and performed, 1 was, together with the before-named 
 witnesses, personally piescnt, 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 recpiired, 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 ; 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. Pi 
 Dav. Bj/ars, witness. > 
 
 JVm. Wilson, witncas. • - . . . •
 
 122 APPENDIX. 
 
 No. V. 
 
 Original Charter in favour of Sir William Alexander of Menstrie, KnigJd, 
 
 of the Lordship of Canada, Sfc. 
 
 Carolus Dei Gratia Magne Britannic Francie et Hibernie Rex Fideique Defensor 
 Omnibus probis hominibus totius terre sen clericis et laicis salutem Sciatis quia nos per- 
 fecte diligentes quo pacto fidelis ac praedilectus noster consiliarius Dominus Willielmus 
 Alexander de Menstrie miles noster Principalis Secretarius pro regno nostro Scotiae ac 
 Haereditarius Locum tenens regionis et dominii nostri Novae Scotiae in America variis suis 
 susceptis navium machinarum bellicarum tormentorum et munitionum provisione deduc- 
 tione coloniarum necnon in dicta regione perspicienda peragranda et possidenda magnos 
 sumptus et impensas sustinuerit et quo melius ipse ceterique nostri subditi dictae regionis 
 inhabitationeni secum experturi corroborentur pro ulteriore nostrorum in istis partibus 
 dominiorum dilatatione Christianae religionis inibi propagatione viaeque seu transitus 
 sperabili revelatione et detectione ad ista maria quae Americac ab occidente incumbunt 
 vulgo lie South Sea nuncupata unde magni istius fluniinis seu sinus Canadae vel ali- 
 cujus in eundem defluentis fiuvii caput seu scaturigo non procul distare existimatur ac 
 quoniam ex specimine per dictum Dominum Willielmuin in dictae regionis Novae 
 Scotiae ad praefatum sinum et fluvium Canadam terminantis perspectione et peragratione 
 hactenus exhibito spectata plantationis in istis partibus mitia ad propagationem dictae 
 religionis magnumque antiqui regni nostri Scotiae decus et emolumentum tantum ten- 
 dentia sibi stabilieuda proposuit ex quo fieri potest ut dictae coloniae per ipsum suosque 
 successores plantandae bac ope praef'atam viam seu transitum ad dicta maria multum hue 
 usque praegravibus considerationibus desideratum totiesque per varias personas suscep- 
 tum processu teraporis detegant Igitur ac pro dicti Domini Willielmi haeredum suorum 
 assignatorum suorumque participum et associatorum ad ulteriorem in tali tantoque sus- 
 cepto progrcssum flagrantioribus accendendis animis nos cum specialibus avisamento et 
 consensu praefidelis et praedilecti nostri consanguinei et consiliarii Joannis Comitis 
 Marriae Domini Erskene et Gareoch magni nostri thesaurarii nostrorum compu- 
 torum rotulatoris coUectoris et thesaurarii novarumque nostrarum augmentationum 
 regni nostri Scotiae fidelis et praedilecti nostri consiliarii Archibald! Domini Naper 
 de Merchingstoun nostri in dictis officiis deputati ac reliquorum dominorum nostri 
 secreti consilii nostrorum commissionariorum dicti regni nostri Scotiae Dedimus con- 
 cessimus et disposuimus tenoreque praesentis cartae nostrae Damns concedimus et 
 disponimus praefato Domino Willielmo Alexander haeredibus suis et assignatis haere- 
 ditarie imperpetuum Omnes et singulas insulas infra sinum Canadae jacentes inter 
 Novam Scotiam et Terram Novam ad ostium et introitum pracdicti magni fiuminis 
 Canadae ubi decidit et intrat in dictum sinum (includendo inibi magnam insulam Anti- 
 costi) necnon dedimus concessimus et disposuimus tenoreque praesentis cartae nostrae 
 damns concedimus et disponimus praenominato Domino Willielmo Alexander suisque 
 praedictis omnes et singulas insulas infra dictum fluvium Canadam jacentes a dicto ostio
 
 APPENDIX. 
 
 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 A\'illiam 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, wliich lie upon America on 
 the west, commonly 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 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 
 heirs, 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, grantcil 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 mouth 
 and entrance of the great river (Canada aforesaid, where it falls and enters into the said 
 Gulf (including therein the great island Auticosti.) 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 
 
 a Q
 
 124 APPENDIX.- 
 
 et introitu ad caput usque primum ortum et scaturiginetn cjusdem ubicunque sit aut 
 lacum unde fluit (qui putatur esse versus itiagnum sinum Califbrniae a quibusdam Mare 
 Vermeis nuncupatuin) aut infra quosvis alios fluvios in dictum fluviuni Cauadam de- 
 fluentes vol iu quibuscunque lacubus aquis sive fretis per quae vel dictus niaguus Huvius 
 Canada vel aliqui alii dictorum fluvioruni decurrunt aut in quibus exeunt ac praeterea 
 dedinius et concessimus tenoreque praesentis cartae nostrae damus et concedimus prae- 
 fato Domino Willielmo suisque antcdictis quinquaginta leucas bondarum ab utroque 
 latere antedicti Huvii Canadae a dicto ostio et introitu ad dictum caput foatem et scatu- 
 riginem ejusd necnon ab utroque latere dictorum aliorum fluviorum 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 damus et concedimus praefato Domino Willielmo 
 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 qnocunque 
 lacu unde labitur ad praef'atum sinum Californiae quantacunque comperta f'uerit 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 
 insLiper dedimus et concessimus tenoreque praesentis cartae nostrae damus et concedi- 
 mus ac j)ro nobis et successoribus nostris cum avisamento et consensu praedict pro per- 
 petuo confirmaraus praefato Domino Willielmo Alexander haeredibus suis et assignatis 
 quibuscunque haereditarie omnes et singulas alias terras bondas lacus fluvios freta silvas 
 forestas aliaque per ipsum suosve successores eorum participes associates aut alios eorum 
 nomine seu potestatem ab his habentes quocunque tempore futuro invenicnda conquerenda 
 seu detegenda super utroque latere integrarum bondarum et transitus antedict ab ostio 
 et introitu dicti fluvii 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 seu ordinum nobiscum in foedere 
 et amicitia constitutorum hactenus realit et actualit possess non sunt Cum plena et 
 absoluta potestate ipsi dicto Domino Willielmo Alexander suisque praedict (nullisque 
 aliis) eorum factoribus servis et aliis eorum nomine colonias stabiliendi ac utendi com- 
 mercio in praenominatis locis seu bondis vol qualibet earundem parte particularit clesignat 
 omnesque alios ab iisdem arcendi seu j)rohibendi Necnon proportiones teirarum earun- 
 dem cuicunque personae seu quibuscunque personis prout sibi commodum vidcbitur 
 elocandi ac super iisdem terminis conditionibus restrictionibus et observationibus infra 
 omnes praenominatas bondas sicut in Nova Scotia per quascunquc literas patentes seu 
 diplomata ipsi per quond nostrum charissimum patrem vel nosmetipsos concess facere 
 potest cum talibus etiam et tantis privilcgiis libertatibus et immunitatibus in omnibus 
 praedictis locis seu bondis insulis aliisque suprascriptis tam in niari aqua dulci quam irt 
 terra quales quantasque dictus Dominus Willielmus Alexander habet in Nova Scotia 
 perpriores suas literas patentes seu diplomata de Nova Scotia de data apud
 
 •APPENDIX. \2', 
 
 said mouth and entrance, up to tlie liead, fountain and source thereof, wheresoever it 
 be, or the lake whence it flows, (which is thought to be towards the Gulf of Cah'fornia, 
 called by some the Vermilion Sea,) or within any other rivers flowing into the said river 
 Canada, or in vvliatsoever lakes, waters, or arms of the sea, through which either the 
 said great river Canada, or any of the said other rivers pass, or in which they discharge 
 themselves. And further, we have given and granted, and, by our present charter, give 
 and grant to the foresaid Sir William, and his foresaids, 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 flowing into the 
 same ; as also, on both sides of the said lakes, arms of the sea, or waters, through whidi 
 any of the said rivers have their course, or in which they terminate ; 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 foresaid 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 California ; and likewise, all and sundry islands lying within the said Gidf of Cali- 
 fornia ; as also, all and whole the lands and bounds adjacent to the said Gulf, on the 
 West and South, whether they be found a part of the continent or main land, or an 
 ■island, (as it is thought they are,) which is commonly called and distinguished by the 
 name of California. Moreover, we have given and granted, and, by our present 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, coiujuered or discovered, at anv 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
 
 10 APPENDIX. 
 
 Quaeqiiid privilegia in dictis prioribus Uteris 
 patentibus contenta et unumquodque eorum adeo sufficientia ct valida fore ordinamus ae 
 si singula hie particularit et sigillatim concessa et expressa fuissent de verbo in verbum 
 ejiisdem oninimodo roboris fortitudinis et efficaciae fore volentes penes quorum particu- 
 larem iiic non insertionem nos pro nobis et successoribus nostris dispensavimus tenoreque 
 praesentis cartae nostrae dispensamus imperpetuum Declarando etiam sicut nos cum 
 avisamento et consensu pi-aedicto ordinamus et declaramus pro nobis et successoribus 
 nostris quod hae praesentes nostrae literae paten seu diploma nullatenus erit praeju- 
 dicabile nee derogativum quibuscunque juribus cartis seu diplomatibus praefato Domino 
 Willielmo Alexander suisve antedictis de aut super Nova Scotia quocunque tempore 
 datam praesentium praecedente 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 prohibemus et vetamus omnes et singulos nostros subditos cujus- 
 cunque gradus seu conditionis in quolibet nostrorum regnorum seu dominiorum ne ullam 
 faciant plantationem nee ullo utantur commercio in dictis locis seu bondis sinubus fluviis 
 lacubus insulis et fretis suprascriptis aut in aliqua earund parte absque specialibus avisa- 
 mento licentia et consensu praefati Domini Willielmi Alexander suorumve praedictorura 
 ac cum speciali potestate dicto Domino Willielmo Alexander suisque praedictis attachi- 
 andi arrestandi et deprehendendi omnes et singulas personas quae negotiari et com- 
 mercio uti in aliqua dictorum locorum seu bondarum parte contra banc prohibitionem 
 inventae fuerint eorumque naves et bona confiscandi ac desuper in suos proprios usus 
 pro libito disponendi absque ullo compute seu ratione de eisd vel aliqua earund parte 
 reddenda quomodolibet omniaque alia adeo libere et large in omnibus intentionibus pro- 
 positis et instructionibus facieudi 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 fecisse potuit seu facere potest vir- 
 tute 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 cuuiculis cuniculariis columbis colurabariis 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 nominat 
 quam nominat tam subtus terra quam supra terram procul et prope ad praedict terias 
 cum pertinen spectan seu juste spectare valen quomodolibet in futurura libere quiete
 
 APPENDIX. 127 
 
 which privileges, contained in the said prior charters, and every 
 one of them, we ordain to be equally sufBcicnt and valid, and altogether of the same 
 strength, force and effect, as if each had been herein, word fur word, particularly, and 
 by itself, granted and expressed ; as to the not particular insertion of which herein, we, 
 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 connnerce 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, who 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 j 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 ; herezelds, 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, fiir and near, belonging, or which may justly belong, in any manner, for 
 the future, to the foresaid lands, with the pertinents, freely, quietly, fully, entirely,
 
 128 APPENDIX. 
 
 plenarie integre honorifice bene et in pace cum furca fossa sok sac thole theme wert 
 wrack wair weth vennysoun infangtheif outfangtheif pit et gallows sine aliquo impedi- 
 menlo revocatione contradictione aut obstacnlo aliquali Reddendo inde annuatim 
 dictus Doniinus Wiiiielmus suique praedicti nobis et successoiibus nostris unum dena- 
 1 ium monetae Scotiae super solo diet tcrraruni aut alicujus partis earund ad fostum Nati- 
 vitatis Domini nomine albae firmae si petatur tanturn Quasquidem totas et integras 
 praenominatas terras spatia sen bondas iiisulas aliaque generalit et particularit supra ex- 
 pressa ut dictum est nos 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 liberum Dominium de Canada nuncupandum ad me- 
 moratum Dominum Wiilielmum Alexander suosque praedict haereditarie spectan et 
 pertinen imperpetuum Nobis etiam tenore praesentis cartae nostrae gratiose placet 
 quod quandocunque dictus Dominus Wiiiielmus Alexander suique antedicti vel aliquis 
 eorum banc praesentem nostram cartam cum omnibus et singulis beneficialibus clausulis 
 et conditionibus quae in dictis prioribus Uteris patentibus cartis sen diplomatibus de 
 Nova iScotia 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 praefato Domino Willielmo Alexander suisque antedictis in optima 
 et amplissima quae comminisci poterit forma renovaturos et translaturos promittimus in 
 verbo Principis Insuper nos tenore praesentis cartae nostrae cum avisamento et consensu 
 praedict decernimus declaramus et ordinamus quod sasina per diet Dominum Wiiliel- 
 mum Alexander suosve praedictos apud castrura nostrum de Edinburgh tanquam emi- 
 nentissimum et principalem dicti regni nostri Scotiae locum aut super solo et fundo 
 praefat terrarum bondarum et insularum vel cujuslibet earund partis ad placitura et 
 libitum ejusdem Domini Willielmi suorumq praedict capienda omni tempore futuro suf- 
 ficiens erit pro totis et integris praenominatis terris bondis insulis aliisque supra speeifi- 
 cat aut aliqua parte seu 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 autedictos 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 ])ro nobis et successoribus nostris dispensavimus tenoreque praesentis cartae 
 nostrae dispensamus imperpetuum ac penes omnia et singula praenominata privilegia 
 aliaque generalit et particularit supra mentionata Et praeterea fccimus et constituimus 
 tenoreque praesentis cartae nostrae facimus et constituimus 
 
 et eorum quemlibet conjunctim et divlsim balivos nostros in hac parte dan et conceden 
 iis et eorum cuilibet nostram plenam potestatem et speciale warrantum statum et sasinani 
 haereditariam parit et possessionem actualem realeni et corporalem praefato Domino 
 Willielmo Alexander suisque antedictis vel suis certis actornatis banc praesentem cartam 
 nostram habentibus seu producentibus dandi coneedendi 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 
 blench 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 Xova 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 : j\lore- 
 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, sliall, 
 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, nuiy 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 j)resent 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
 
 130 APPENDIX. 
 
 quibuscunque generalit et particularit supra expressis dictae region is et dominii de Canada 
 apud diet castrum nostrum de Edinburgh vel super solo et fundo cujuslibet partis prae- 
 dict terrarum et bondarum sen locorum vel utrocjue modo ad placituin dicti Domini 
 Willielmi Alexander suorumque praedict mandan iisdem et eorum cuilibet quatenus 
 visis praesentibus indilate statum et sasinam haereditariani parit et possessionem actualem 
 realem et corporalem omnium et singularum praenominat terrarum locorum sea 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 antedictis vel eorum actornatis banc praesentem 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 pniedictorura 
 quamquidem sasinam ita per dictos nostros balivos in hac parte praeAito Domino Willi- 
 elmo suisque antedict vel eorum actornatis banc praesentem cartam nostram habentibus 
 seu producentibus tradendam nos pro nobis et 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 Denique nos pro nobis et successori- 
 bus nostris cum avisamento et consensu praedict volumus decernimus declaramus et 
 ordinamus 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 et 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 war- 
 rantum idem ita fieri et perfici promittentes 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. 
 reo-ni 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 Whythall secundo die mensis Februarij anno Dni millesirao 
 sexcentesimo vigesimo octavo et regni nostri tertio.
 
 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, commandin" 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 jjurticularly above expressed, to the foresaid Sir Wil- 
 liam Alexander, and his foresaids, or to their certain attoniies, 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 M'illiam Alexander, and his foresaids, or to 
 their attornies, holding or producing this cur 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, dispensino-, 
 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 Avon and Innerdaill, 
 A^'illiam, Earl Marishal, Lord Kcyth, &c., Marishal of our kingdom, George Viscount 
 of Duplin, Lord Hay, of Kinfawins, our Chancellor, Thomas, Earl of Hadingtoun, 
 Lord Jiynning and Byres, &c., Keeper of our Privy Seal, our beloved fann'liar 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 jialace of Whythall, the !2d day of Eebruai'v, anno Domini 
 1G28, and the third of our reign. 
 
 General retour of the service of Alexander, Earl of Stirling, as heir of M'illiam, 
 Earl of Stirling, 11th October 1830. 
 
 (Records, Register House, Edinburgh.) 
 R 2
 
 132 APPENDIX. 
 
 No. VI. 
 
 Instrument of Seisin in favour of Alexander, Earl of Stirling and Dovan, of the 
 Lands, Country and Lordship of Canada. 
 
 In Dei nomine, Amen. Per hoc praesens publicum instrumentum cunctis pateat evi- 
 denter et sit uotum Quod anno incarnationis Domini millesimo octingentesimo et tri- 
 cesimo primo raensis vero Julii die octavo regnique serenissimi domini nostri Gulielmi 
 Quarti Dei gratia Britanniarum regis fideique defensoris anno secundo, In mei notarii 
 publici et testium subscribentium praesentia personaliter coniparuit Epliraini Lockhart 
 scriba signeto regio tanquam procurator et actornatus pro ac in nomine praehonorabilis 
 Alexandri Comitis de Stirling et Dovan, Vicecomitis de Stirling et Canada Domini 
 Alexander de Tullibodie et cetera adnepotis et haeredis quondam Domini Willielmi 
 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- He Duke Street Edinburgh 
 balivus in hac parte specialiter constitutus virtute cartae subtus meutionat. 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, habens 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 Locumtencnti regionis et dominii Novae Scotiae in America haeredibus 
 suis et assignatis haereditarie imperpetuum omnium et singularum insularum intra 
 sinum Canadae jacentium inter Novam Scotiam et Terram Novam ad ostium et introi- 
 tura masni fluminis Canadae ubi decidit et intrat in dictum sinum (includendo inibi 
 raao-nam insulam Anticosti) : Necnon omnium et singularum insularum intra dictum 
 fluvium Canadam jacentium a dicto ostio et introitu ad caput usque primum ortum et 
 scaturiginem ejusd. ubicunque sit aut lacum unde fluit (qui putabatur esse versus mag- 
 num sinum Californiae a quibusdam Mare Vermeis nuncupatum) aut intra quosvis alios 
 fluvios in dictum Huvium Canadam defluentes vel in quibuscunque lacubus aquis sive 
 fretis per quae vel dictus magnus fluvius Canada vel aliqui alii diet, duviorum 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 tarn 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: 133 
 
 No. VI. 
 
 Instrument of Seisin in favour of Alexander, Earl of Stirling, 4'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, hy 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- 
 sreat-srreat grandson and heir of the deceased Sir William Alexander, Knight, the first 
 Earl of Stirling, whose power of procui'atory 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 foresaid 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 Hows, (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 whatsoeA'cr 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 wliatsoever lake it has its course from, to the foresaid bay of California, whatsoever 
 shall be I'ound 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-
 
 134 APPENDIX. 
 
 similiter omnium et sincularum insularum intra eund. sinum Californiae jacentium ; 
 ac etiam totaruw et integrarum terraruin et bondarum eidcm sinui ab occidente et 
 austro adjacen. sive experiantur pars continentis sive terrae firmae sive insula (ut puta- 
 batur esse) quae Californiae nomine vulgo nuncupabatur et indigitabatur : Insuper om- 
 nium et siNGULARUM aliarum terraruni bondarum laciium fluviorum fretorum silvarum 
 forestarum aliorumque per ipsum praef'at. Dominum Willielmum Alexander suosve suc- 
 cessores eorum participes associatos aut alios eorum nomine sen potestatem ab liis ha- 
 bentes quocunque tempore futuro inveniendorum conquerendorum sen detegendorum 
 super utroque latere integrarum bondarum et transitus antedict. ab ostio et introitu dicti 
 fluvii Canadae ubi in dictum sinum Canadae se exonerat ad dictum sinum Californiae 
 aut insulas in maribus eidem adjacentibus, quae per alios subditos dicti regis aut subdi- 
 tos alterius alicujus Christiani principis seu ordinum cum dicto rege in foedere et ami- 
 citia constitutorum hactenus realit. et actualit. possessa non erant : Cum plena et ab- 
 soLUTA POTESTATE ipsi dicto Domino Willielmo Alexander suisque praedict (nullisque 
 aliis) eorum factoribus servis et aliis eorum nomine colonias stabiliendi ac utendi com- 
 mercio in praenominatis locis seu bondis vel qualibet earund. parte particulariter desig- 
 nat. omnesque alios ab eisdem arcendi seu prohibendi ; nee non proportiones terrarum 
 earund. cuicunque personae seu quibuscunque personis prout sibi commodum videbitur 
 elocandi ac super eisdem terminis conditionibus restrictionibus et observationibus intra 
 omnes praenominatas bondas sicut in Nova Scotia per quascunque literas patentes seu 
 diplomata ipsi per quond. patrem diet, regis vel diet, regem ipsum concess. facere potuit, 
 cum talibus etiam et tantis privilegiis libertatibus et immunitatibus in omnibus praedictis 
 locis seu bondis insulis aliisque supra scriptis tarn 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 ; quaequidem privilegia in dictis prio- 
 ribus Uteris patentibus contenta et unumquodque eorum adeo sufficientia et valida fore 
 ordinan, ac si singula in diet, carta particulariter et sigillatim concessa et exjiressa fuis- 
 sent de verbo in verbum ejusdemque omnimodo roboris fortitudinis et efficaciae fore 
 volen. penes quorum particularem in diet, carta non insertionem dispensan. imperpe- 
 tuum : Per quam cartam etiam ordinatur et declaratur quod ea nullatenus esset praeju- 
 dicabilis nee derogativum quibuscunque juribus cartis seu diplomatibus praefato Domino 
 Willielmo Alexander suisve antedictis de aut super Nova Scotia quocunque tempore 
 datam ejusd. cartae praecedente concessis aut alicui capiti clausulae articulo seu condi- 
 tioni in eisdem expressis ; ac etiam sine pracjudicio prioris alicujus literae patentis per 
 diet, regem quibuscunque Baronettis intra Scotiam de regione Novae Scotiae concess. 
 seu concedend. quovis tempore futuro : Et diet, rex specialiter prohibuit et vetavit om- 
 nes 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 tiuviis lacubus insulis et fretis supra scriptis aut in 
 aliqua eorund. parte absque specialibus avisamento licentia et consensu praefati Do- 
 mini Williclmi Alexander suorumve praedictorum ; ac cum speciali potestate dicto 
 Domino Willielmo Alexander suisque praedictis attachiandi arrestandi et deprehendi 
 omnes et singulas personas quae negotiari et commercio uti in aliqua dictorum
 
 APPENDIX. 135 
 
 wise of ALL and sundry islands lying within the said bay of California ; as also of all 
 and WHOLE the lands and bounds adjacent to the said bay on the west and south, 
 whether they be found a part of 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 sundry 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 adjacent, which were not heretofore really and 
 actually possessed by others, either the subjects of his said Majesty, or the subjects of 
 any other Christian prince or constituted orders in alliance and friendship with iiis 
 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 lit, and upon the same terms, 
 conditions, restrictions and regulations within all the forenanied 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 : 13y 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 A\ illiam Alexander, and his foresaids, of seizing, taking and apprehending all and 
 sundiy persons who shall be found to be in business and engaged in trade in any part
 
 136 APPENDIX. 
 
 locorum seu bondarum parte contra diet, prohibitioneni inventae fuerint eorum- 
 que naves et bona confiscandi ac desuper in suos proprios usus pro libito dispo- 
 nendi absque ullo computo seu ratione de eisd. vel aliqua eorund. parte reddendo 
 quomodolibet ; omniaque alia adeo libere et large in omnibus intentionibus propositis 
 et instr\ictionibus 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- 
 tecrrum et liberum dominium de Canada nuncupandum ad memoratum Dominum 
 Willielmum Alexander suosque praedict. baereditarie 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 onini tempore futuro sufBcientem 
 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 comprelienden. diversas alias clausulas 
 latius continetur : Ac etiam habens actornatus praedict. et tenens in ejus manibus 
 quendam generalem retornatum deservitionis praenominati Alexandri Comitis de Stir- 
 lino- 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 substituto 
 vicecomitatus de Edinburgh secundo die mensis Julii anno prius supra scripto et simili- 
 ter ad diet, capellam retornat. ; quae deservitio generalem deservitionem 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 maiidatum et ofRcium per diet, praeceptum sasinae sibi com- 
 missa debite praestaret ; quemque uogatuim diet, balivus percipiens esse justum ratio- 
 nique consonan. diet, extractum cartae et retornatus in manibus suis reeepit et raihi 
 notario publico tradidit testibus astantibus perlegend. publicand. et in vulgari sermone 
 explicand. Quod feci et cujus praecepti sasinae in diet, extraeto cartae content, tenor 
 sequitur et est talis : ' ET preterea fecimus et eonstituimus tenorcque presentis carte 
 ' nostre facimus et eonstituimus 
 
 ' et eorum quemlibet conjunctim et divisim balivos nostros in hac parte dan. et conceden. 
 ' iis et eorum cuilibet nostram plenam potestatem et speciale warrantum statum et sasi-
 
 APPENDIX. i:i7 
 
 of the said places or bounds contrary to the said 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 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, belon'nn"- 
 and pcrtannng 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 and 
 ground of the foresaid lands, bounds and islands, or any part thereof, to be taken by thu 
 said Sir William Alexander, or his foresaids, to be in all time to come sufficient 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 
 Stirling, &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 ISoO, 
 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 sheriffdom of Edinburgh, the 2d day of 
 July in the year first above written, and likewise retoured to the said chancery; which 
 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 charter, 
 with the said retours, the foresaid attorney exhibited and presented to the said l)ailie in 
 that part, lawfully constituted as is before stated, and desired him duly to execute the 
 command and office 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 
 
 ' and any one of tliem, jointly and severally, our bailies in that part, giving and granting 
 ' to them, and any one of them, our full power and special warrant lor giving, granting
 
 138 APPENDIX, 
 
 ' nam hereditariam parit et possessionem actualem realem et corporalera prefato Domino 
 ' Willielmo Alexander suisque antedictis vel suis certis actornat.is banc presentem car- 
 ' tam nostram habentibiis sen producentibus dandi concedendi et deliberandi de omni- 
 ' bus et singulis prenominatis terris bondis fluviis lacubus insulis fretis seu transitibus 
 ' aliisque quibuseunque generalit. 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, terrarum et bondarum seu locorum vel utroque modo ad pla- 
 ' citum dicti Domini Willielmi Alexander suorumque predict, mandan. iisdem et eorum 
 ' cuilibet quatenus visis presentibus indilate statum et sasinam hereditariam parit et pos- 
 ' sessionem actualem realem et corporalem omnium et singularum prenominat. terrarum 
 
 * locorum seu bondarum insularum fluviorum lacuum aliorumque predict, generalit. et 
 ' particularit. supra express, prefato Domino Willielmo Alexander suisque predictis vel 
 ' suis certis actornatis banc presentem cartam nostram habentibus seu producentibus 
 ' super qualibet parte fundi diet, terrarum vel apud Castrum nostrum de Edinburgh vel 
 ' utroque modo prout ipsi suisque predictis melius apparebit dent tradant et deliberent 
 
 * seu aliquis eorum det tradat et deliberet per terre et lapidis deliberationem prefato 
 ' Domino Willielmo suisque antedictis vel eorum actornatis banc 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 quamquidem sasinam ita per dictos nostros balivos in hac parte 
 ' preflito Domino Willielmo suisque antedict. vel eorum actornatis banc presentem car- 
 ' tam 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 deciaramus et ordinamus banc 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- 
 ' ciara decreti ejusd. supremi fori babituram ; ad quod fiiciendum nos pro nobis et suc- 
 ' cessoribus nostris volumus et deciaramus eand. nostram cartam et clausulas inibi con- 
 ' tent. sufBciens fore mandatum seu warrantum idem ita fieri et perfici promittentes in 
 ' veibo Regis. In cujus rei testimonium buic praesenti carte nostre magnum sigillum 
 ' nostrum apponi preccpimus, testibus in aliis a nostris consanguineis et consiliariis Ja- 
 
 ' cobo Marcliione de Hamiltoun Comite Arranie et Cantabrigie Domino Aven et In- 
 ' nerdaill AV""" Mariscalli Comite Domino Keyth &c. regni nostri mariscallo George 
 ' Vicecomite de Duplin Domino Hay de Kinfavvins 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 Magdalenis nostrorum rotulorum registri ac consiiii 
 ' clerico Georgio Eipbingstoun de Blythiswod nostre justitiarie clerico et Joanne Scot
 
 APPENDIX. 130 
 
 ' 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 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 
 ' 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 i'oresaids, 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 said 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 pre- 
 ' 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 doing 
 ' which, we, for us and our successors, will and declare our said charter, and the clauses 
 
 • therein contained, to be a sufficient mandate or warrant, promising, on the word of a 
 ' King, 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, before witnesses, as in 
 ' others, our cousins and counsellors, James Marquess of Hamiltoun, Earl of Arran and 
 ' Cambridge, Lord Aven and Innerdaill, William, Earl iNIarischal, Lord Keyth, cS:c. 
 
 • marischal of our kingdom, George Viscount Uuplin, Lord Play of Kinfawins, our 
 ' chancellor, Thomas Earl of Hadingtoun, Lord Bynning and JByres, ^c. keeper of 
 
 • our Privy Seal, our beloved familiars and counsellors Sir W'illiam Alexander of j\len- 
 ' strie, our principal secretary. Sir James Hamiltoun of JNIagdalenis, clerk of our rolls, 
 
 • register and council, Sir George Elphinstoun of Blythiswod, our justice-clerk, and Sir
 
 140 APPENDIX. 
 
 ' de Scottistarvett niilitibus nostre cancellarie dircctore ; apud rcgiam nostrara de 
 ' Wliythall secundo die mensis Februarij anno DnI millesinio scxcentesinio vigesimo 
 ' octavo et regni nostri tertio.' Post quorumquidem extract! cartae preceptique sasi- 
 nae et retornatuuni perlectionem publicationem et in vulgari sermone testibus as- 
 tantibus explicationem praefatus Thomas Christophoi-us Banks balivus in liac parte 
 antedict. iterum diet, extractum cartae et I'etornatus in manibiis suis rccepit ac virtute 
 et vigore eorund. et officii baliatus sibi commis. statum et sasinam haereditariam ])ariter 
 et possessionem actualem realem et corporalem memorato Alexandro Coniiti de Stirling 
 et cetera haeredi antedict. pro se haeredibus suis et assignatis omnium et singulakum 
 praenominat. terrarum bondarum fluviorum lacuum insularum fretorum sen transituum 
 aliorumque quorumcunque generaliter et particulariter supra express, dictae regionis et 
 dominii de Canada secundum tenorem antedict. cartae unionis et dispensationis in eadem 
 content, ac dicti praecepti sasinae supra insert, in omnibus per terrae et lapidis fundi 
 dicti Castri traditionem et deliberationem in manibus diet. Ephraim Lockhart actornati 
 praedict. pro ac in nomine memorati Alexandri Comitis de Stirling et cetera dedit 
 TRADiDiT pariter et deliberavit : Super quibus omnibus et singulis praemissis actor- 
 natus praedict. a me notario publico sibi fieri petivit instrumenta. Acta erant iiaec 
 apud dictum Castrum de Edinburgh intra exteriorem portam ibidem virtute unionis et 
 dispensationis antedict. horam inter undecimam ante meridiem et ipsum meridiem die 
 mensis anno incarnationis et S. D. N. Regis regni quibus supra, Praesentibus Davide 
 Byars clerico in camera clerici vicecomitatus de Edinburgh et Gulielmo Wilson scriba 
 ibidem testibus ad praemissa specialiter rogatis et requisitis ac liocce publicum instru- 
 mentum mecum subscriben. 
 
 Veium ciede. £-j- qcto vero Joanues M'Grcijor clericus Edinbursensis dioceseos ac notarius publicus 
 
 Jx. M'Gkegiui, N. p. ° . ,. TT^ • /-. -I-- L. • ■ 1 
 
 J)av. B!/ars, ^^\u>ess. auctoritatc rcgali ac per Domnios Loncilu et Sessionis secundum tenorem acti 
 
 Wm. Wilson, wiiiieis. Parliameuti 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 hanc et duas praecedentes paginas pergamenae debite impressae 
 fidcliter scriptum exinde confeci ac in hanc publici instrumenti formam redegi 
 signoque nomine et 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. N. 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 Hi, 112, ll'i, 114, 115, llG, 117, 
 118 and 119th leaves thereof, conform to the act of Parliament made thereanent in 
 June 1617j by me, depute-keeper of said Register. 
 
 Ar. Wishart.
 
 APPENDIX. 141 
 
 ' John Scott of Scottistarvctt, director of our chancery, Knif^lits ; at our palace of 
 ' Whythall, the 2d day of February, in the year of our Lord 1G28, and of our 
 ' reign the third.' After reading, publishing, and explaining which ex- 
 tract cliartcr, and precept of seisin and retours, in the common speech, to the 
 witnesses present, the foresaid Thomas Cliristophcr ]5anks, bailie in that part 
 aforesaid, again received the said extract charter and retours 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 .Alexander Earl of Stirling, 
 &c. heir aforesaid, for himself, his heirs and assigns, heritable state and seisin, and 
 also actual, real, and corporal possession of all and sundry the forenamed lands, 
 bounds, rivers, lakes, islands, straits or passages, and others whatsoever, generally 
 and particularly above expressed, of the said country and lordship of Canada, 
 after the tenor of the aforesaid charter, the union and dispensation contained in 
 the same, and the said precept 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. Whereupon, and upon all and sundry the premises, the 
 foresaid attorney asked instruments 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 presence of David 
 Byars, clerk in the office of the sheriff-clerk of Edinburgh, and AVilliam ^Vilson, 
 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 notar\-- 
 public, by royal authority, and by the Lords of Council and Session, 
 according to the tenor of the act of Parliament admitted, beaiuse at all and 
 sundry the premises, wdiilst they were, as is before stated, so said, done, and 
 performed, I 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, beiiu'- called and 
 required, prepared therefrom this present public instrument, by another 
 hand, upon this and the two foregoing pages of parchment, dulv 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 subscribed the same with my sign, 
 name and surname, used and wont. 
 
 Verum crede. 
 Jn. M'Gregor, N.P. 
 Dav. Bijars, witness, 
 Win. Wilsou, witness. 
 
 T
 
 142 .' APPENDIX. 
 
 No. VII. 
 
 Precept of Charter of Resignation, Confirmation, 4*c. in favour of TViUiam Eart 
 of Stirling, and fVilliam Lord Alexander, S)-c. oftlie Earldom of Dovan. 
 
 Carolds, &c. — Quia, &c. Dedimus concessimus et disponimus nee non tenore 
 presentinm eum avisamento ct eonsensii predict, damns concedimiis et disponimus 
 predilecto nostro consanguineo ac consiliario "Willielmo Comiti de Stirling 
 Domino Alexander de Tillibodie nostri Secretarij infra hoc dictum fegnum 
 nostrum Scotias in vitali redditu duran. omnibus sue vitie diebus ac dilecto nostro 
 consanguineo et consiliario Willielmo 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 assigiiatis 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 pertinen. Ac totas et integras terras de Banclirie cum domibus edificiis 
 hortis loftis crof'tis partibus pendiculis et suis pertinen. qufe sunt partes et pertinen. 
 dictarum terrarum baronie de Tillibodie et totam et integram salmonum pisca- 
 tioncm super aqua de Dovan jacen. ante et prope predictas terras viz. ab aqua de 
 Forth ad lie Cobilcruik dictaj acquas de Dovan cum potestate illis liabcndi {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 Tu.llicultrie 
 viz. terras de Balhart Druminy 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. earui.dem 
 quibuscunque jacen. infra dictum vicecomitatum nostrum de Clakmannan Ac 
 etiam totas ct integras terras de Wester Tullicultrie cum monte ejusdem 
 molendino terris molendinariis astrictis multuris cum pertinen. earimdem jacen. 
 infra vicecomitatum predict, et similiter carbones de presenti 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 decem 
 acras terrarum et clebam terrarum ecdesiasticarum de 'i'uUicultrie cum domibus 
 edificiis et pertinen. earundem que per abbates et conventum de Cambuskenneth
 
 APPENDIX. 143 
 
 No. VII. 
 Privy Seal Precept oftlic Earldom of Dovan, 1637. 
 
 Charles, &:c. — Forasmuch as, &:c. we have given, granted, antl disponed, and 
 "by these presents, with advice and consent foresaid, give, grant, and dispone, to 
 cur well-beloved cousin and counsellor, William Earl of Stirling, Lord Alexander 
 of Tnllibodic, our Secretary within this our kingdom of Scotland, in liferent durino- 
 all the days of his life, and to our beloved cousin and counsellor. Will am 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 Karl of Stirling, xVll and sundry the lands, baronies, and others 
 particularly underwritten, viz. All and whole the lands and barony of Tullibodie. 
 with tenants, tcnandries, and services of free tenants thereof, mills, multures, 
 woods, coal, coallieughs, ])arts, ])endicles, annexes, connexes, dependencies, and 
 their sundry pertinents ; And all and whole the lands of Eanchrie, with houses, 
 buildings, yards, tofts, crofts, parts, pendicles, and their pertinents, which are parts 
 and pertinents of the said lands and barony of Tullibodie; and all and whole the 
 salmon fishing upon the water of Dovan, lying opposite and near to the tbresaid 
 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 slicriffdom of C'lakniannan. 
 and all formerly united, annexed, erected, and incorporated into one entire and 
 free barony called the Barony of Tullibodie ; And also, all and whole the lands 
 and barojiy of Tullicultric, vi/. the lands of IJalhart, l^runnny, Schannoche, Cos- 
 nachtoune, Cohmisdannaclu" with the corn mill, Cairntomi with the waulk mill, 
 Ellokis Dauok and llawis Dauok, the lands of Hiltoun and hill of Tullicultric, 
 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 Tullicultric, with the hill 
 thereof, mill, mill lands, and astrictcd multures, with the pertinents of the same, 
 lying within the sherift'dom foresaid, and likewise the coal at present on the said 
 lands, with all Avorks and instruments thereof necessary thereto belonging, with 
 all advantage, commodity, and benefit thereof, and all things to the said colliery 
 })ertaining ; And also, all and whole the church of Tullicultrie, parsonage, and 
 vicarage thereof; as also, all and whole those ten acres of land, and glebe of 
 church lands of Tullicultric, with houses, buildings, and pertinents thereof, which 
 wx're let in feu farm by the abbots and convent of Cambu.skenneth to the deceaseil
 
 144 APPENDIX. 
 
 in feiidifirmam locabantur quondam Jacobo Domino Colvcll de Culros avo 
 Jacobi nunc Domini Colvell jacen. infra predict, vicecomitatum nostrum de 
 Clackmannan ac more in infeofamcntis desuper fact, et concess. bondat. cum 
 omnibus et singulis decimis garbalibus aliisque decimis tarn rectoriis quam 
 vicariis fructubus redditubus emolumentis et devoriis earundem quibuscunque 
 ad easdem spectan. et ab antique ad abbates de Cambuskenneth pcrtinen. cum 
 omnibus et singulis carbonibus et carbonariis dictarum terrarum aliorumque 
 supra recitat. cum pertinen. et omnibus operibus necessariis et instrumentis 
 earundem quibuscunque ad easdem spectan. cum omni beneficio redditibus et 
 commoditatibus earundem cum omnibus et singulis partibus pendiculis tenen. 
 tenan. libere tenen tium servitiis totarum et integrarum predictarum terrarum 
 aliorumque respective particulariter suprascript. jacen. vt prefertur Quequidem 
 terraj baronite aliaque prescript, ad prefatum Willielmum Comitem de Stirling 
 Willielmum Dominum Alexander ejus filium et Dominum Alexander Scbaw de 
 Sauche militem perprius hereditarie pertinuerunt per ipsos de nobis immediate in 
 capite tent, ac per illos eorumque procuratores suis nominibus ad hunc effectum 
 spealiter constitutos per eorum severales literas patentes in manibus dictorum 
 dominorum nostri scaccarij nostrorum commissionariorum ad resignationes 
 recipiendas novaque infeofamenta desuper danda constitutorum tanquam in 
 manibus nostris eorum immediate 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 seu quas illi aut 
 eorum aliquis eorumque successores et assignati respective in et ad easdem aut 
 aliquam earundem partem habuerunt babent aut quovismodo in futurum babere 
 pretendere seu clamare poterit et hoc in favorem dictorum Willielmi Comitis de 
 Stirling in vitali redditu duran. omnibus sua? vitas diebus et prenominat. 
 Willielmi Domini Alexander ejus filis ac heredum suorum masculorum de corpore 
 suo legittime procreat. veil procreand quibus deficientibus in favorem h^eredum 
 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 public! desuper suscepta latius proportant Preterea ratificavimus 
 et approbavimus necnon tenore presentium cum avisamento et consensu predict, 
 ratificamus et approbamus omnes cartas infeofamenta prajcepta et sasina^ instru- 
 menta prefatarum terrarum baroniarum aliorumque predict, prefato AVillielmo 
 Comiti de Stirling veil suo filio aut eorum authoribus aliquibus jus habent per 
 nos nostrosve predecessores aut per quamcunque personam vel quascunque 
 personas hereditarios earundem pro tempore concess. Necnon ratificamus et 
 approbamus jus alienationem et dispositionem factam per quondam Joannem 
 Comitem de Mar, Dominum Erskeine et Garioche, &c. hereditarium proprietarium 
 decimarum rectoriarum et vicariarum dictarum terrarum et baronite de Tillibodie 
 pro tempore Domino Jacobo Erskeine de Tillibodie militi heredibus suis et
 
 APPENDIX. 145 
 
 James Lord Colvell of C.ulros, ^raiidfatlier of James, now Lord Colvell, lyinj^ 
 within our sheriirdoni of Clakmaniiaii foresaid, and Ixnnided in manner mentioned 
 in the infeftments thereupon made and granted, witli all and sundry teind 
 sheaves, and otlier teinds, as well parsonage as viearage, fruits, rents, cmohnnents, 
 and duties thereof whatsoever thereto belonging, and of old jjertaining to the 
 abbots of Cambuskerineth, with all and sundry coal and coallieughs of the said 
 lands and others above recited, with the pertinents and all works and instruments 
 tliereof whatsoever necessary thereto belonging, with all benefit, rents, and com- 
 modities thereof", with all and sundry parts, pendicles, tenants, tcnandries, and 
 services of free tenants of all and whole the foresaid lands, and others resjiectively 
 and particularly above written, lying as aforesaid ; Which lands, baronies, and 
 others before written, formerly pertained heritably to the af()resaid William Karl 
 of Stirling, William 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 ajid 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 rigiit, property, possession, 
 action, and instance, which they, or any of them, their successors and assigns 
 respectively, had, have, or any way in future n)ight 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 ^Villiam Earl of Stirling, and for new infeftmcnt to be auain ffivcn to 
 them thereof under our Great Seal, in due and competent form, as authentic 
 instruments taken thereupon in the hands of George Maiden more fully ])ro[)ort. 
 Moreover, we have ratified and approved, and by these presents, with advice and 
 consent foresaid, ratify and approve all charters, infeftments, precepts, and instru- 
 ments of seisin of the aforesaid lands, baronies, and others foresaid, to the afore- 
 said AVilliam Earl of Stirling, or his son, or any persons their authors, having 
 right granted by us or our predecessors, or by any person or j)ersons 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, kc. heritable proprietor at the time, of the teinds, parsonage and 
 vicarage, of the said lands and barony of Tullibodie. to Sir James Erskine of 
 TuUibodie, Knight, his heirs and assigns, which is dated the
 
 14G APPENDIX, 
 
 assignatis que est de data die meiisis anno Domini 
 
 millesimo sexcentessimo vnacum juribus et dispositionil)us per 
 
 prefatum Dominum Jacobum memorato Williebno Coiniti de Stirling ejusque 
 authoribus dictaruin decimanim rectoriariim et vicariarum prefataruni terrarum 
 et baroniie de Tillibodie in onmibus capitibus et articulis eariim, &;c. Ac volumus 
 et concedimus quod liec prescns nostra confirmatio et ratificatio sit et erit tanti 
 valoris et efficacia) quamsi predicti* cartae infeof amenta dispositiones aliaque 
 prescript, in liac presenti carta nostra per expressum inserta fuissent penes quam 
 nos pro nobis et successoribus nostris dispensavimus tenoreque presentium dis- 
 pensamus imperpetuum. Ulterius nos pro bono fideli et gratuito servitio nobis 
 nobilissimisque nostris progenitoribus dignissime memorie per memoratos 
 Willielmum Comitem de Stirling et Willielmum Dominum ^Vlexander ejus tilium 
 temporibus retroactis prestito et impenso ac pro diversis aliis magnis respectibus 
 bonis causis et considerationibus nos ad hoc inoven. ex nostra certa scientia 
 proprioque motu de novo dedimus concessimus et disposuimus necnon tenore 
 presentium cum avisamento et consensu predict, de novo damus concedimus et 
 dispnnimus memorato Willielmo Comiti de Stirling in vitali redditu duran. 
 omnibus sue vitie diebus et prefato Willielmo Domino Alexander ejus filio et 
 hercdibus suis mascalis de corpore suo legittime procreatis veil procreandis quibus 
 deficientibus heredibus masculis dicti Willielmi Comitis de Stirling et assicnatis 
 quibuscunque omnes et singulas terras baronias aliaque particulariter subscript. 
 viz. Totas et integras predict, terras et baroniam de Tullibodic comprehenden. 
 terras dc Banchrie cum tenentibus tenandriis et libere tenent.ium 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 Tulli- 
 bodic A^nacum decimis rectoriis et vicariis dictarum terrarum et baronie de 
 Tullibodie comprehenden. terras et piscationes prescriptas necnon nominatione 
 miuistri apud dictam ecclesiam de Tullibodie ejusque successorum quandocunque 
 vacare contigerit Ac totas et integras prtedictas terras et baroniam de Tullicultrie 
 comprehenden. terras molendina aliaque supra speciticat. necnon totas et integras 
 pjredictas terras de Wester Tullicultrie cum monte ejusdem molendino terris 
 molendinariis astrictis multuris et pertinen. earundem ac carbones de presenti 
 super dictis terris de Tullicultrie et suj>er 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 carbouarium |>ertineii. ac etiam totam et integram dictam ecclesiam de 
 Tullicultrie rectoriam et vicariam ejusdem et decimas tam rectorias quam vicarias 
 hujusmodi vnacum advocatione donatione et jure patronatus ecclesie parochialis 
 et paroclu;e de Tullicultrie cum jure nominationis miuistri curam dictie ecclesise 
 omni tempore futuro inserviendi cum potestate dicto nostro consanguineo suoque
 
 , ^\PPENDiX. 147 
 
 day of " ' Anno Domini, one thousand six hundred 
 
 and , together with the rights and dispositions 
 
 by the aforesaid Sir James to the above mentioned WiUiani Karl of StirUng, 
 and his authors, of the said teinds, parsona<fe and vicaraj^e, in all the heads 
 and articles thereof, &c. And we will and grant that this our present con- 
 firmation and ratification may, and shall be, of as great strength and effect as if 
 the foresaid charters, infeftments, dispositions, and others l^efore written, were 
 expressly inserted in this our present cliartcr. whereanent we, for us and our suc- 
 cessors, have dispensed, and by these presents for ever dispense. Further, we, for 
 the good, faithful, and willing service performed and rendered to us, and to our 
 very noble progenitors of most worthy memory, 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 tliereto moving, 
 have, 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 William Earl of Stirling, in liferent 
 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 procreate, of his body, whom 
 failing, to the heirs-male and assigns wliatsoever of the said William Earl of 
 Stirling, all and sundry the lands, baronies, and others particularly under written, 
 viz. All and whole the foresaid lands and barony of Tullibodie, comprehending the 
 lands of Eanchrie, with tenants, tenandries, and services of free tenants thereof, 
 mills, multures, woods, coal, eoalhcughs, parts, pendicles, annexes, 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, wdth 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 lanils and barony of Tullibodie, 
 comprehending the lands and fisiiings before written ; ami ako, 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 
 Tullicultrie, comprehending the lands, mills, and others above specified ; and also, 
 all, and whole the foresaid lands of Wester Tullicultrie, with the hill thereof, mill, 
 mill lands, astrictcd nndtures, and pertinents of the same, and coal at present on 
 the said lands of Tullicultrie, and to be winned upon and within the same, with 
 all works and instruments thereof necessary thereto belonuing, with all advantage 
 commodity, and benefit thereof, and all other things to the said colliery pertain- 
 ing; as also, all and whole the said church of Tullicultrie, parsonage and vicaracre 
 thereof, and teinds, as well parsonage as vicarage, of every sort, togetiier with the 
 advowson, donation, and right of patronage of the parisii church and parish of 
 Tullicultrie, with the right of nomination of the minister serving the cure of the 
 .said church in all time coming. Avith }iower to our said cousin and his sen, and 
 ,their aforesaid, of presenting (qualified, ministers to tlic said church of Tullicultrie
 
 148 APPENDIX. 
 
 filio eorumque antcdictis qiialificatos ministros ad dictam ecclcsiam de Tullicultrie 
 prcsentandi quandocunque vacabit docessu dimissionc depiivatione ant aliter 
 quovismodo iiecnoii totas et integras predictas decern acras terrarum et glebam 
 terrarum ecclesiasticarum de Tullicultrie cum domibus edificiis et pertinen. 
 earundem que per abbatcs et conveutum de Cambuskenneth prefato quondam 
 Jacobo Domino Colvell de Culros Jacobi nunc Di Colvell in fcudifirmam locabantur 
 jacen. infra dictum vicecomitatum nostrum de Clakmannane ac bondat more in 
 infeofamentis desuper concess. mentionat. cum omnibus et singulis decimis 
 garbalibus aliisque decimis tam rectoriis quam vicariis fructibus redditibiis 
 emolu mentis et devoriis earundem quibuscunque ad easdem spectan. ab antiquo 
 ad abbates de Cambuskenneth pertinen. cum omnibus et singulis carbonibus 
 carbonariis integrarum terrarum aliorumque prescript, cum pertinen. omniaque 
 opera necessaria et instrumenta earundem quibuscunque ad easdem spectan. cum 
 omni beneficio vtilitate et commoditate earundem cum omnibus et singulis 
 partibus pendiculis et pertinen. tenentibus tenandriis et libera tenentium servitiis 
 totarum et integrarum dictarum terrarum aliorumque respective et particulariter 
 supra script, cum pertinen. Ac similiter dedimus concessimus et disposuimus 
 necnon tenore presentium cum avisamento et consensu predict, ac cum consensu 
 dicti Willielmi Comitis de Stirling et Joannis Alexander sui filij legittimi 
 tanquam niagistrorum nostrorum mineralium et metellorum pro omni jure titulo 
 que illi ad mineras mineralia aliaque subtus specificat. habere sen pretendere 
 possunt damns concedimus et disponimus ac in feudifirmam locamus memorato 
 Willielmo Comiti de Stirling in vitali redditu duran. omnibus sure vitte diebus et 
 prefato Willielmo Domino Alexander ejus filio lieredibus suis masculis et assig- 
 natis predict, omnes et singulas mineras et mineralia auri argenti cupri stanni 
 plumbi aliarumque metellarum et mineralium quorumcunque existen. aut que 
 infra bondas dictarum terrarum et baroniarum de Tullibodie et Tullicultrie tam 
 proprietatis quam superioritatis earundem invenire possunt ac infra reliquas 
 particulares terras aliaque particulariter et generaliter subtus specificat. ad dictum 
 Willielmum Comitem de Stirling suumque filium aut eorum aliquem pertinen. 
 per ipsos de aliis superioribus quam de nobis in capite tent. viz. totarum et inte- 
 frrarum terrarum et baronial de Menstrie terrarum de Inschenoch terrarum de 
 Balquhairne totarum et integrarum terrarum de Gogar et Gorguies eister et 
 wester et omnium rcliquarum terrarum aliorumque in infeofamentis dicti 
 Willielmi Comitis de Stirling et sui filij mentionat. cum singulis suis partibus 
 pendiculis et pertinen. quas tanquam pro expressis in presentibus habentur ac 
 totas et integras predictas mineras et mineralia auri argenti aliarumque prescript, 
 cum omnibus carbonibus et carbonariis infra fluxum maris et fluvij juxta predictas 
 terras baronias aliaque predict, proprietatem aut tenandriam earundem tam de 
 nobis quam de aliis superioribus in capite tent, vnacum omni jure titulo interesse 
 jurisclameo proprietate et possessione tam petitorio quam possessorio que nos 
 nostrive successores aut predecessores habuimus habemus aut ullo modo pre- 
 tendere possumus in et ad terras baronias molendina silvas piscationes deciraas
 
 APPENDIX. 149 
 
 whensoever it shall become void by decease, dismission, deprivation, or any way 
 otherwise; and also, all and whole the foresaid ten acres of land, and <debe of 
 church lands of TulIicuJtrie, with houses, buildings, and pertinents thereof, which 
 were let in feu farm by the abbots and convent of Cainbuskenneth to the afore- 
 said deceased James Lord Colvcll of Culros, (grandfather) of James now Lord 
 Colvell, lying within our said sheriffdom of Clakmannan, and bounded in manner 
 mentioned in the infeftments thereupon granted, with all and sundry teind 
 sheaves, and other teinds, as well ])arsonage as vicarage, fruits, rents, emoluments, 
 and duties thereof whatsoever thereto belonging of old pertaining to the abbots 
 of Cambuskenneth, 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 tiicroio belonging, with all benefit, advantage, and 
 connnodity 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. Avith advice and 
 consent foresaid, and with consent of tiie said Williain Earl of Stirliu'i-, and of 
 John Alexander, his lawful son, as JNIasters of our minerals and metals, for all 
 right and title which they can have or pretend to the mines, minerals, and others 
 under spec-ifled, 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 
 foi-esaid, all and sundry mines and minerals of gold, silver, copper, tin, lead, and 
 other metals and minerals whatsoever, being, or which can be found, Avithin the 
 bounds of the said Lmds and baronies of Tullibodic and Tullicultrie, as well pro- 
 perty as superiority thereof, and within the remanent particular lands and otliers 
 ])articular]y and generally under specified, peilaining to the said William Earl of 
 Stirling and liis 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 
 Inschenocli, the lands of Balquhaii-ne, all and whole the lands of Gogar, and 
 Gorgics Easter and Wester, and all the remanent lands and others mentioned in 
 the infeftments of (he said William Earl of .Stirling and his son, Avith their sundry 
 parts, pendicles, and pertinents, AA^hich are held as expressed in these presents ; 
 and all and Avhole the foresaid mines and minerals of gold, sih'cr, and others 
 before Avrittcii. Avilh all coal and coalheughs Avithin the floAving of the sea and 
 river near to the foresaid lands, baronies, and others foresaid, property or tenandry 
 thereof, holden as Avell of us as of other superiors in duel", together Avith all right, 
 title, interest, claim of right, property, and possession, as Avell petitory as posses- 
 sory, Avhich we or our successors or predecessors had, have, or anv Avay can pietend 
 in and to the lands, baronies, mills, Avoods, tishings, teinds, patronages, and others
 
 150 APPENDIX. 
 
 patronatus aliaque prescript, infra bondas metas et limitcs supramentionatas aut 
 ad aliquain earuudcm partem veil ad census firmas proficua et devorias earundem 
 de cpiibuscunque annis seu termiiiis preteritis ratione wardai relevij nonintroitus 
 escheta; forisfactura; recognitionis reductionis bastardiae tanquam ultimi lieredis 
 veil quocunqiie alio jure titulo seu actis parliamenti quibuscunque aliisque 
 actis leuibus statutis et constitutiouibus in contrariuni fact, veil facienel aut ob 
 quamcunque aliam causam seu occasionem preteritam diem datte 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 defectvmm et imperfectionum tarn 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 
 ))roprioque 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 TuUicultrie cum advocationibus dictarum ecclesiarum de Tulli- 
 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 vmun integrum et liberum dominium et comitatum pre- 
 nominato Willielmo Comiti de Stirling in vitali redditu duran. omnibus sue vitaa 
 diebus et Willielmo Domino Alexander ejus filio et lieredibus suis masculis 
 predictis Comitatum de Dovan omni tempore aflfuturo 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 et ordinamus quod 
 vnica sasina nunc per dictos Willielmum Comitem de Stirling et Willielmum 
 Dominum Alexander ejus filium suosque predictos omni tempore affuturo 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 molendinis silvis piscationibus decimis advocationibus donationibus et juribus 
 patronatuum tenentibus tenandriis libere tenentium servitiis partibus pendiculis 
 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 dispensavimus 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 annexatas et incorporatas in vnum integrum et liberum
 
 APPENDIX. 151 
 
 before written, within the Ijoiuuls, meitlis, 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, recbiction, purpresturc, disclamation, bastardy, as ultimas hares, or 
 by any other ri<;lit, title, or acts of I'arliameiit 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 simpHciter, with all action and instance to us 
 and our successors competent, for now and ever, cwn pactu da 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 Tullicultrie, with the advowsons 
 and donations of the said churches of Tullibodie and Tullicultrie, 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 within 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 Karldom 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 suflicient 
 seisin in all time coming, for all and sundry the lands, baronies, manor places, 
 mills, woods, fishings, teinds, advowsons, donations, and rights o{ patronage, 
 tenants, tenandries, services of free tenants, parts, pendicles, and their sundry 
 pertinents particularly above mentioned, notwithstanding the same do not lie 
 contiouous but in divers places, whereanent we, for us and our successors, have 
 dispensed, and, by these presents, for ever dispense. To be liolden. and to hold, all 
 and sundry the lands, baronies, advowsons, donations, and rights of patronage of 
 churches, and others jiarticularly and generally above written, all now united, and 
 annexed, and incorporated into one entire and free earldom, called and to be
 
 152 APPENDIX. 
 
 comitatum Comitatnm de Dovan oiniii tempore affnturo nuncupat. et nunciipand 
 niemoratis Willielmo Coniite de StiiTing in vitali reddilu duraii. omnibus sue 
 vita3 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 raetas suas antiquas novas et divisas prout 
 jaceiit. in longitudine et latitudine in domibus edificiis hortis molendinis, lVc. 
 aucupationibus venationibus piscationibus, &c. cum omnibus et singulis aliis 
 libertatibus commoditatibus, kc. libere quiete, ke. absque aliqua rcvocatione, &c. 
 Reddendo inde annuatim memoratus Willielmus Comes de Stirling durante vita 
 sua et post ejus decessum dictus Williebnus Dominus Alexander ejus filius 
 heredes sui masculi et assiguati predict, nobis et successoribus nostris pro predictis 
 terris et baroniis de Tullibodie et TuUicultrie comprehenden ten-as molendina 
 piscationes decimas ecclesias carbones carbonaria tenentes tenandrias libei'e tenen- 
 tium servitia aliaque earundem predict, cum pertinen. jura servitia taxatas wardas 
 feudifirmffi et albefirma; firmas aliaque in prioribus infeofamentis memorato 
 Willielmo Comiti de Stii'ling fact, et concess. contentis ac pro jure et privilegio 
 nominationis ministrorum dictarum ecclesiarum de TuUicultrie et Tullibodie 
 vuum denarium nomine albe firmas si petatur tantum necnon reddendo memorati 
 Willielmus Comes de Stirling ejusque filius suique predict, nobis et successoribus 
 nostris pro predictis mincriis et mineralibus auri argcnti aliorumque predict, 
 decimam partem earundem in lie oare et qualitate in quibus eaedem lucrantur et 
 operantur nomine feudifirmte 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.
 
 APPENDIX. 153 
 
 called in all time coming tlie Earkloui of Dovan, by the above mentioned 
 William Earl of Stirling, in liferent during all tlie days of his life, and William 
 Lord Alexander, his son, arid 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, kc. with all and sundiy 
 other liberties, commodities, 6cc. freely, quietly, &c. without any revocation, &:c. 
 Giving thercfoi" yearly, the aljove meiilioncd William Karl of Stirling, during his 
 life, and after his decease, the 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 Tullibodie and Tullicultrie, comprehending the lands, mills, fishings, 
 teinds, churches, coal, coallicuglis, tenants, tcnandries, services of free tenants, and 
 others thereof foresaid, with the pertinents, the rights, services, taxed wards, feu 
 farm and blench farm duties, and others contained in the former infeftmcnts 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 clun-ches of Tullicultrie 
 and Tullibodie, 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 INLuior 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 
 
 Crown and the Earl of Stirling. 
 
 These proceedings refer to certain measures which were taken on the bclialf 
 of Lord StirHng, in 1831, for the purpose of asserting and making effectual his 
 right to the lands in America, 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 witliout 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. Having obtained the verdict of the jury, he thereafter 
 procured a precept of seisin from his JNIajesty, 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 liim. 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, (manoi*,) 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 Karl : And also, this individual, some time aftenvards, 
 viz. on 15th Nov. 1832, instituted a suit, called an action of declarat(jr, hbi'urc- the 
 Court of Session ; the officers of State, on the behalf of the Crown, being cited as 
 parties ; and which suit had a conclusion to this effect, that his Majesty ought to 
 Ik} found to be under a just and lawful 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 thev stated 
 that thev had commenced and served an action ajrainst Lord Stirliu"- and his 
 resignatory foresaid, for the purpose of challenging Lord 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, l6th May, 1833, 
 and is still in dependence. The officers of State, on 29th May, 183-4, were 
 appointed to put into process, in two weeks, a written paper on what they 
 alleged and inulcrtook 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, certain deeds following on the aforesaid services. 
 
 The officers of State took up a twofold ground 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 hud proved himself heir in
 
 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 officci's 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, Uiought lit 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 nsed 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 rightfid property 
 at its hands. To confine, however, the consideiation 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 I'ight or interest, entiiling it to challenge, 
 to any effect, his services as heii'. He does not go beyond his legal rights as 
 vassal, to seek to invade or encroach upon any )ight justly belonging to the 
 Crown. The proceedings, therefore, on the pnct of the Crown, which was not 
 entitled to be served as an heir, are equally irregular and unwarrantable ; such 
 being the situation of Loi'd Stirling, who is an heir in blood, tliat 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. 
 
 Eveiy person must see that his Majesty's title of superior of particular lands 
 and Lord Stirling's title of A'assal of the Crown, holding iuimediately of his 
 JMajesty 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 moi'e : the soil or property of the lands 
 having been v/hoUy given out to Sir William Alexander by King Charles I. 
 who, by his gr;mt, aheady mentioned, ' for ever renounced in favour of him, his 
 • heirs and assigns, all right, title, and interest which hi.s JMajesty or his prede- 
 ' cessors or succcssois had, or any wise could have, claim or pretend to the property, 
 ' and exonerated it of tlie same, and of all action in respect thereto;' and there 
 having been no loss of the p)-operty since, by any forfeiture of tlie right, or feudal 
 delinquency, oi- suirender b}^ the vassal, so as to have made the right levert to 
 the superior. 
 
 In reference to the SA'stem of delay, perceptible in the mode in which the 
 officers of State have conducted the action, tlie following statement may suffi- 
 ciently illustrate, ciihe)' a litigious cliaiacter adiiering to the proceedings, or their 
 own cnlpable unpreparedness, although having the advantage of being the
 
 APPENDIX. 157 
 
 assailants, for following up their first attacks, being of the particular dates of 
 their original motion for having a proof allowed them after the record wa* 
 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. INTotion to allow a proof 
 July 8. Proof allowed. Report in November. 
 
 1836. 
 Jan. 27. Prorogation of Report for 14 days. 
 Feb. 10. Ditto till May. 
 JMay 18. Ditto for 14 days. 
 June 1. 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 the examination of 
 three witnesses in June last, their depositions have as yet never been reported 
 into Court. 
 
 (Signed) Eph. Lockhaet. 
 
 Edinburgh, September, 1836. 
 
 X
 
 158 APPENDIX. 
 
 No. IX. 
 
 3Iemoir on the attempt to incarcerate Lord Stirling hy means of forgery, and tlte 
 
 details appertaiiiiny 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, 1832, 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, with 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 with an interview at this office to-morrow (Thursday) at tw^elve 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, I\Ir 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, ]\Ir Burn was there, and learnt wnth no small 
 surprise that Lord Goderich would notx 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 trutli 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. 139 
 
 as circumstances appeared to justify. Tiiesc circumstances were, tliat a man of 
 rank had obtained a judgment against Lord Stirling, in an action in wliicli the 
 plea of privilege had not been pleaded in a sufficient manner to insure it. This 
 left his lordship liable to an execution in that action, and thus to have his person 
 incarcerated. The forged letter seemed to be the plan to get hold of his lordship's 
 person, and was defeated in the maimer before narrated. The name and circum- 
 stances were then detailed in the letter enclosing the forgery. 
 
 John Ilderton Burn, Esq. to Charles Douglas, Esq. Private Secretary to 
 
 Viscount Goderich. 
 Raymond Buildings, Ghay's Inn, August 23, 1832. 
 Sir, — I send you the enclosed letter to make such use of towards detectiu"- the 
 forgery, as you may think fit. It was left last evening in Portland I'lace, by a 
 gentleman in a gig, with Lady Stirling. Sir Henry Digby has lately broufht 
 an action against Lord Stirling, and received, or rather got. judgment for a sum 
 of money, whicii he is anxious to enforce. I mention this circumstance, coupled 
 Avith the agency of a man named John Tyrell, who acted for Sir Henry, as, 
 perhaps, leading to a guess in the business. It is no doubt a scandalous 
 proceeding. If I can, in any Avay, render farther assistance in the inquiry, I 
 shall be happy to do so, and remain, &c. 
 
 (Signed) ,J. I. Burn. 
 
 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 ? Most assuredly so ! And now. reader, mark well 
 the result of this doughty commission. AVhy, truly, on the 2ith. the very dav 
 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 enclosed yo^'i^^^/'j/. Mr 
 lialfour 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 Cioderieh. either 
 privately or as Secretary of State, has not ever acknowledged the individual 
 styling liimself 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.
 
 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 ? ]\Ir Douglas was applied to, to return the envelope, so 
 necessary in such an inquiry, and which had been retained. 
 
 Mr Burn to Mr Douglas. 
 
 Raymond Buildings, August 25, 1832. 
 Sill, — You have not returned me 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. 
 
 Mr Burn to Earl Grey. 
 
 Raymond Buildings, August 25, 1832. 
 ]My Loud, — 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) J. I. Burn. 
 
 3Ir Burn to Mr Douglas. 
 
 Sir — Not having 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 the original is not such 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 
 small seal affixed. Thus, you see, 1 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 more. Your cordial assistance, herein, will be very 
 acceptable, as the culprit must and shall be fully exposed. I could shew you
 
 APPENDIX. 161 
 
 documents that leave no doubt of the writer. Perliaps I^ord Goderich himself 
 might be disposed to lend his aid. AMicn a little more advanced, I siiall venture 
 probably to ask it, and have the honour to be, &c. 
 Raymond Buildings, (Iray's Inn, (Signed) J. I. Hurx. 
 
 August 28, 1833. 
 
 Things wanting. — 1. How the seal, whether of Lord Granville, or Earl Grey, 
 could be had ? Would J^ord Ilowick take the trouble to intjuirc ? 2. AVho 
 delivered the letter to Lady Stirling ? 'i'he party suspected will perhaps be 
 discovered to-day, and be forced to speak out. 3. ^\'ho wrote the forgery, and 
 by whose dictation ? The writer is known, and before a magistrate he may be 
 forced to give up his principal, -k 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. 
 
 Mr Douglas to Mr Burn. 
 
 CoLONiAi, OriacE, August 28, 1832. 
 Sir, — 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, Ijord Goderich had no means of detecting the 
 author, and, consequently, I returned the letter to you. — I have the honour, is.c. 
 
 (Signed) Chakles Douglas. 
 
 The same person wrote another letter of the 29th of August. 
 
 Mr Douglas to 3Ir 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. iVs I had no reason to suppose that the envelope of 
 the letter to which you refer was of any consequence, and as 1 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 oilicially, any such seal. 
 Lord Goderich directs me to add, that he will be very ready to promote any 
 inquiry as to the author of this forgery, but he has no ground whatever for
 
 162 APPENDIX. 
 
 fixing suspicion upon any particular person. The seal could not be Lord Grey's, 
 as it was uot an Earl's coronet. — I 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 mc, at one o'clock. — C. D. 
 
 It may be proper to state here, that ISIr Burn had written to Earl Grey asking 
 for a reply ■with tlie 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 how very minutely the seal of it had been noticed. 
 
 3Ir Burn to Mr Douglas. 
 
 Sib, — The writer of the forged letter is as well known to me now as you are. 
 I have competent parties ready to prove it. If you Avill give me 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 Buildings, Gray's Inn, 
 August 29, 1832. 
 
 P.S. A full disclosure, within twenty-four hours, may prevent one of a 
 different character within two days. I am far more indifferent about the reply, 
 than you can be luider the circumstances. — J. I. Burn. 
 
 Mr JBiirn to Viscount Goderich. 
 
 Raymond Buildings, August 29, 1832. 
 My Lord, — It is fit that your lordship should be informed that a forgery has 
 been committed in the name of INIr 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 
 Stirlino-, 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 tliat, 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
 
 APPENDIX. IflSr 
 
 attendance seemed to think the seal was rijfht, — that is, your lordship's — and 
 referred me to Mr Douglas in Eruton Street for further information. On 
 proceeding to that person's house, he assured me the letter was a fbr<^ery, 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 mc the letter, witlund 
 the seal and envelope, merely reiterating that it was a forgery, and that your 
 loi-dsliip had no seal resembling the one used. Not 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 lordship's 
 sinall seal affixed, stating my reason lor the request. The seal not haviu"- 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 
 witli 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 whole \vill be corroding to the parties. It would ill 
 become me, not at once and explicitly, to acquit your lordship of all knowledge 
 of, oi- participation in, tliis aft'air ; and equally so, not to explore the extent of the 
 guilt, if more than one, as I expect, has been concerned. How far your lordship 
 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 tlie expressed desire of Lord 
 Goderich. — I have the honour to be, sir, &:c. &c. 
 
 (Signed) Charles Douglas. 
 
 To J. I. Burn, Esq. ■ • 
 
 Mr Burn to Mr Douglas. 
 
 ItAYMOND 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. 1 am Lord 
 
 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. My motives, my conduct.
 
 164 APPENDIX. 
 
 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 Lord 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 wliatever, and am not without feeling for the situation in 
 Avhich you have chosen to place yourself. If the thing be not the mere motion 
 of your own 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 as to what is to follow, " nous verrons." — I am. Sir, &c. &c. 
 
 (Signed) J. I. Burn. 
 
 Charles Douglas, Esq. 
 
 Lord Goderich's reply to ISIr Burn's letter, cited above, was as follows: — 
 
 Viscount Goderich to Mr Burn. 
 
 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 sheAvn to me on the day on which JNIr Douglas 
 received it from you. Its hand-writing and signature bore no resemblance 
 whatever to that of JNIr Balfour : and, as Mr Douglas informed you by my 
 direction on the 29th instant, the seal with which the letter had been sealed 
 (a Viscount's coronet with 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 guess ; and as you wish my aid in 
 prosecuting your inquiries, I observe with surprise, that although in your letters 
 to JNIr Douglas, as well as in that to me, you speak with great confidence of your 
 knowledge 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 JNIr 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 affect the means of tracing the writer of the letter. — 
 I am. Sir, 6cc. kc. 
 
 (Signed) Goderich.
 
 APPENDIX. HB 
 
 Mr Burn to Viscount Goderich. 
 
 Raymond Buildings, Septemler 1, 1832. 
 My Lord, — I have a host of witnesses, who can pro\e, when broiu'ht 
 forward, that the fortred letter referred to in this correspondence is in the hand- 
 writing of Mr Douglas. Had lie shewn your lordship :tll my letters, there could 
 ■have been no d()ul)t that he was meant as beinjf 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 England, 
 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 tliis 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 euA elope, 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 sliould 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. Xow, as to the envelope 
 and seal not being supposed to be of consequence in such a case, this must arise 
 from a very slight decree of attention to the matter. In an investijiation of this 
 kind, every thing pertaining to the letter is of consequence. That 31r 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 manv more 
 parties. No difficulty would have existed with the seal to find out Avhose it was. 
 Well, then, that fact attained, how could it be obtained, and by whom ? But I 
 should pay an ill compliment 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 seal, however, is evidence another way, were it 
 needed, to fix the writer, for his most earnest desire should have been to remove 
 the burthen, were it practicable, from his own shoulders. Your lordship Avill 
 pardon my having said so much in reply to that |)art of your lordship's letter. 
 As to prosecuting the inquiry. I did naturally expect that something more would 
 have been done than merely to return tiie forgery, with the intimation that it 
 was a forgery, told to me before, and that your lordship diil not know the writer. 
 This, again, fixed, were it wanting, the Avriting of it on Mr Douglas. He might 
 well desire to quash further investigation, knowing where it might end ; and tiic 
 
 Y
 
 WB APPENDIX. 
 
 affected carelessness of throwing aside the cover of a letter — not addressed to him- 
 self, recollect, but anotJier, and sent to Jiimjor a very 'particular purpose — is quite 
 of a piece with tlie rest of his conduct. I suspect other ])arties are yet to be 
 discovered in this business ; but, under present circumstances, 1 cannot feel that I 
 am called on to state more. JNIeans 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 mv 
 friend. — I have the honour to be, my lord, &c. &c. 
 
 (Signed) J. I. Burn. 
 
 F'iscoimt Goderich to Mr Burn. 
 
 HiGHGATE, September, 3, 1832. 
 Sir, — I have to acknowledge your letter of the 1st inst. ; in reply to which I 
 have only to state, that lilr Douglas is my ])rivate secretary, and a gentleman of 
 the strictest honour and integrity ; quite incapable of being guilty of any thing 
 so shameful as that which you have 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 I 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 1 
 presume you have some reason for supposing that it might be his. I will, how- 
 ever, endeavour to ascertain whether his lordship is known 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, Mr 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) Goderich. 
 
 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. tlie 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. y^n.
 
 APPENDIX. 
 
 Mr Burn lo Viscount Goderich. 
 
 Kaymon'd Buildixgs, Septemher 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 dutj* 
 requires, when I presume to differ from any opinion expressed by your lordship 
 in this affair. Your lordshii)'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 ]Mr Douglas and that of the 
 forged letter, I must, to admit it, surrender, not my own conviction merclv, but 
 that of many competent parties, who are prepared on oath to substantiate the 
 identity. This is painful : it is embarrassing. In every thing alleged in regard 
 to Mr Douglas, I should have willingly acquiesced also up to the dav of mv 
 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 
 l)clieve, the incarceration of my client. It had nearly, very iiearlv. succeeded. 
 But for my prompt attention, it would have succeeded ; and then, what assignable 
 motive could actuate Mr 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. Mv first letter, 
 enclosing the forgery, to jMr 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, bv 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 Mr Douglas. Surelv it is 
 not necessary to say, in the progress of an important inquirv. 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 from following what I believe to be my duty in this matter. — I have 
 the honour to be, my lord, &c. cVc. 
 
 (Signed) J. I. BcKN.
 
 168 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, that, if you will indicate 
 to me throu<i-h 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 Avhom 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. BuKN, Esq. 
 
 This offer, so full and so fair, was replied to thus : — 
 
 Mr Burn to Viscount Goderich, 
 
 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 nOAV on which all 
 my future proceedings will turn.^I have the honour to be, &c. &c. 
 
 (Signed) J. I. Burn.
 
 APPENDIX. U9 
 
 Mr Maule, the Treasury solicitor, now took up the matter by Lord Goderich's 
 instruction, having had all the preceding correspondence confided to hiin, and an 
 interview was offered. 
 
 Mr Maule, [Solicitor of Ihc Treasury,) to Mr Burn. 
 
 Lincoln's Ixx, September 6, 1832. 
 Sir, — Ey the directions of TiOrd Coderich, the correspondence which has 
 lately passed, relative to the forged letter, purporting to be addressed from the 
 Colonial Ollice, has been placed in my hands. ^Vs 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 ])ropcr to make, or to see 
 you at this office if you should wish it — I am. Sir, ikc. &:c. 
 
 (Signed) Geokge ^Lvule- 
 
 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 Covent Garden 
 Isefore 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, iVc. ^:c. 
 
 (Signed) J. I. BuRN. 
 
 The intei-view ended in nothing. Mr INIaule 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 
 forgery, as if it were imperative to shew that, before admitting the charge at all. 
 Thus the proferred assistance in the investigation Avas, 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 
 nothino- undone, however, nothing unexplained, as far as Lord Stirling's limited 
 means extended, Mr Burn did even endea\our to trace the moti\es 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 the 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 the other, have led to it. My unfortunate client, entitled by charters, with which 
 you must be familiar, I ])rcsumc. to an immense Scottish territory, lias, tlu'ough 
 me taken every means hitherto in his power, to secure and manifest liis rights. 
 I began by Avriting to l^ord Goderich about nine months ago, offering a basis for 
 coming to an arrangement. Lord Howick 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 phrase, driven out 
 of court. The claims being of a public nature, affecting general 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 I'arliament, ordered 
 to be printed, on which, in due time, it is competent to move, had the effect of 
 stopping the second 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 Office. With whatever contempt the claims and the claimant may 
 have been received, yet his measures may have had influence enough to be annoying. 
 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 suppose 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 opportunity 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 comjolete 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
 
 APPENDIX. 171 
 
 do, from an opposite jjoint of the compass from myself; for supposing efTectual 
 progress to be made, any step must be painful to you that casts a stain upon a 
 previously good character. I assure you, sir, it is extremely irksome to me too ; 
 but what other course is left me.'' I\Iy great object is justice for I^ord Stirling, 
 not destruction to an individual. — I remain, Sir, kc. &c. 
 
 (Signed) J. I. Burn, 
 
 A few sheets of paper were transmitted from the Colonial Ollice, and enclosed 
 in the following letter. 
 
 Mr Maule to Mr liurn. 
 
 Lincoln's Inn, September 14, 1832. 
 Sir, — By the directions of Lord Goderich I have obtained and enclose 
 a sample of the different sorts of paper used at the Colonial Office. I have also 
 inquired at the Foreign Oflicc, and do not find that I^ord Granville, 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 furtlier to acquaint you, that, although Lord 
 Goderich will be open to receive and consider any proofs Avhich n)ay be adduced 
 in support of the charge which you have made ; yet, as it does not appear to 
 him that even a prima facie case of suspicion is made out that the note in 
 question ever proceeded from his office, he does not feel himself called upon to 
 take any farther steps in the inquiry. — I am. Sir, &c. tVc. 
 
 (Signed) George ISLvule. 
 
 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. JMaule, Esq. 
 
 We are now arrived at the closcof the correspondence, that has led to less, probably, 
 than any reader of it coidd have antici})ated. On reviewing it, let us see Avhat 
 single step was taken at the Colonial Office to prosecute the inquiry. The 
 request was made there, in the iirst 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 Goderich did 
 not know the writer, being, if possible, less. "NVhy, how was it to be known, but 
 by intpiiry in every possible quarter ? And how was that inquiry to be dirccteil 
 but by agents fitted for the purpose ? AihI who so likely to priKure such
 
 172 APPENDIX. 
 
 assistance as an accredited officer of the Government ? This must strike every 
 one who reads the preceding statement. But when an individual was expressly 
 charged with the fact, what 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 Avas 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. Let the reader attend to this very particular fact, that the seal, 
 this tiling 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 w^hose it was. Now, surely it would 
 have been no difficult task to procure the seals of Lords Viscount Granville, 
 Gormanston, Gage, Galway, Gort, Guillamore, Garlies, Glandine, Glenorchy, 
 Grey de Wilton, Grimston and Guernsey, for to whom else, beside Lord Goderich, 
 in the list of Viscounts could it actually belong ? Let 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. We 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 must even have a history of motives that 
 could lead so honourable a man to so dishonourable an act. Well, but step bj- 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 ISIr INIaule, who thought that even a prima facie case had 
 not been made out, wliich 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 Avould 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 wanted. A sheet was 
 procured that was of exactly the same maker from another quarter, and it is what is called government 
 -and contract paper.
 
 APPENDIX. 173 
 
 No. X. 
 
 Rcfiini In an Order of the Rigid Honnnrahlc /he Lords Spirifiial and 
 Temporal fit Parl'tamcnl assoiiblcd, of the 23d of Angusf, 1831, requiring 
 " thai there be laid before this House a Copy of the Union Roll of the 
 Peerage of Seotland, and a List of all those Peers zcho voted at all 
 General Elections since the Year 1800, distinguishing each Election;'' — 
 ordered to be printed bth September, 1831. 
 
 It may be proper to premise, tliat on the 22cl of December, 1707, it %vas 
 ordered by the House of Lords,* tliat tlie Lord Register of Scotland " do forthwith 
 lay before this House an authentic List of the Peerage of that part of (ircat 
 Britain called Scotland, as it stood the first day of May last ;" and a List, duly 
 attested by the Lord Kegister, having been accordingly i-cturned. "vvas. on the 
 12th of February, 1708,|- considered by the House in Committee, and thereafter 
 reirorted to the House, read, and entered in the Roll of Peers. 
 
 Again, by an order of the House of Lords, dated I2th of June, 1739.; the 
 Lords of Session in Scotland were required " to make np a Roll or List of the 
 Peers of Scotland at the time of the Union, whose Peerages are still contimiing ; 
 and do lay the same before this House in the next Session of Parliament."' 
 
 In the Return made to tliis order, which was laid before the House on tlie 
 lltli of March thereafter, and ordered to be printed, ^^ there was given a Roll of 
 the Peers of Scotland, as used in the Parliament of 170(i, and also a list i)f 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 
 -Jd day of June, IS.'Jl, it is as follows : — 
 
 * Journals, vol. xviii. p. 399. f Ibid. vol. xviii. p. 458. 
 
 X Ibid. vol. x.w. p. 416. § Ibid. vol. xxv. p. 477.
 
 174 
 
 APPENDIX. 
 
 ROLL OF THE PEERS OF SCOTLAND. 
 
 H. R. IL the Prince of Wales, 
 
 Earls. — Kinnoull. 
 
 Earls — Bute. 
 
 Duke of RoTHSAY. 
 
 Loudon. 
 
 Hopetouii. 
 
 Dukes. — Hamilton. 
 
 Dumfries. 
 
 Deloraine. 
 
 Buccleuch. 
 
 Stirling. 
 
 Solway. 
 
 Lennox. 
 
 Elgin. 
 
 Hay. 
 
 Gordon. 
 
 Southesk. 
 
 Viscounts. — Falkland. 
 
 Qiieensberrvv 
 
 Traquair. 
 
 Dunbar. 
 
 Argyle. 
 
 Ancram. 
 
 Stormont. 
 
 Douglas. 
 
 Wemyss. 
 
 Kenmore. 
 
 Atholl. 
 
 Dalhousie. 
 
 Arbuthnott. 
 
 Montrose. 
 
 Airlie. 
 
 Kingstoun. 
 
 Roxburgli. 
 
 Findlater. 
 
 Oxfurd. 
 
 Marquises. — Queensbeny. 
 
 Carnwatli. 
 
 Irvine. 
 
 Tweetldale. 
 
 Callender. 
 
 Kilsyth. 
 
 Lotliian. 
 
 Leven. 
 
 Dunblane. 
 
 Annandale. 
 
 Dysart. 
 
 Preston. 
 
 Earls. — Graufurd. 
 
 Pan mure. 
 
 Newhaven. 
 
 Errol. 
 
 Selkirk. 
 
 Strathallan. 
 
 MarischalL 
 
 Northesk. 
 
 Teviot. 
 
 Sutherland. 
 
 Kincardine. 
 
 Dupplin. 
 
 Mar. 
 
 Balcarres. 
 
 Garnock. 
 
 Monteidi. 
 
 Forfar. 
 
 Primrose. 
 
 Rothes, 
 
 Aboyne. 
 
 Lords. — Forbes. 
 
 Morton> 
 
 Newburgh. 
 
 Saltoun. 
 
 Buchan. 
 
 Kilmarnock. 
 
 Gray. 
 
 Glencairn. 
 
 Dundonald. 
 
 Ochiltree. 
 
 Eglinton. 
 
 Dunbartoun. 
 
 Cathcart. 
 
 Cassilis. 
 
 Kintore. 
 
 Sinclair. 
 
 Caithness. 
 
 Breadalbane. 
 
 Mordingtoun. 
 
 Moray. 
 
 Aberdeen. 
 
 Sempill. 
 
 Nithsdale. 
 
 Dunmore. 
 
 Elphingstone. 
 
 Wintoun. 
 
 Melvill. 
 
 Oliphant. 
 
 Linlithgow. 
 
 Orkney. 
 
 Lovat. 
 
 Home. 
 
 Ruglen. 
 
 Borthwick. 
 
 Perth. 
 
 March. 
 
 Ross. 
 
 Wijjtoun. 
 
 Marchmont. 
 
 Somerville. 
 
 Strathmore. 
 
 Seafield. 
 
 Torphichen. 
 
 Abercorn. 
 
 Hyndford. 
 
 Spynie. 
 
 Kellie. 
 
 Cromarty. 
 
 Lindores. 
 
 Haddintoun. 
 
 Stair. 
 
 Balmerinoch. 
 
 Galloway. 
 
 Rosebery. 
 
 Blantyre. 
 
 Lauderdale. 
 
 Glasgow. 
 
 Cardross. 
 
 Seaforth. 
 
 Portmore.. 
 
 Colville of Culross.
 
 APPENDIX. 
 
 175 
 
 Lords. 
 
 ■ Cranstoun. 
 IJurglilic. 
 Jedburgh. 
 Madertie. 
 Dingwall. 
 Coupar. 
 Napier. 
 Cameron. 
 Crammond. 
 Keay. 
 Forrester. 
 
 Lords. — Pitsligo. 
 
 Kircudbright. 
 
 Fraser. 
 
 IJargany. 
 
 Banir. " 
 
 Elibank. 
 
 Halkertoun. 
 
 Belhaven. 
 
 Abercrombic. 
 
 Duff'us. 
 
 liollo. 
 
 Lords. — Colville. 
 Kuthven. 
 llotherfurd. 
 Ballenden. 
 Newark. 
 Nairn. 
 Eymouth. 
 Kiiinaird. 
 Glassfurd. 
 
 140 
 
 GENERAL ELECTION, 2d September, 1830. 
 
 Duke of Buccleuch and Queens- 
 berry. 
 Earls. — Home. 
 
 Strathmore. 
 Lauderdale. 
 Leven & Melville. 
 Selkirk. 
 Northesk. 
 
 The Peers present who voted, were — 
 
 Earls. — Kintore. Lords. 
 
 Roseberj'. 
 Hopcloun. 
 Viscounts. — Arbutlinott. 
 Strathallan. 
 Lords. — Forbes. 
 Saltoun. 
 
 ■ Gray. 
 Sinclair. 
 Elphinstone. 
 Colville of Culross. 
 Cranstoun. 
 Napier. 
 Kinnaird. 
 
 The Peers who voted by Proxy, were — 
 
 Dukes. — Argyll. 
 Atholl. 
 Marquis. — Tweeddale. 
 
 Earls. 
 
 - Morton. 
 Breadalbane. 
 
 Lords. — Belhaven. 
 Nairn. 
 
 The Peers who voted by signed Lists, were — 
 
 Dukes. — Hamilton. 
 Lennox. 
 Giordon. 
 Montrose. 
 Marquises. — Queensberry. 
 Lothian. 
 Earls. — Errol. 
 Mar. 
 Cassilis. 
 Caithness. 
 Moray. 
 Kinnoull. 
 Dumfries & Bute. 
 
 Earls. — Stirling. Viscounts. — Dunblane. 
 
 Elgin&Kincardine Lords. — Cathcart. 
 
 Wemyss Sc March. Senipill. 
 
 Airlie. Somerville. 
 
 ]3alcarres. Torphichen. 
 
 Aboyne. Blantyre. 
 
 Aberdeen. Reay. 
 
 Dunmore. Forrester. 
 
 Stair. Rollo. 
 
 Glasgow. Ruthven. 
 Viscounts. — Falkland. 
 Stormont. 
 Ken more. 
 
 64
 
 176 
 
 APPENDIX. 
 
 Duke of Buccleuch and Queens- 
 berry. 
 Marquises. — Queensberry. 
 Twecdtlale. 
 Lothian. 
 Earls. — Errol. 
 Morton. 
 Buclian. 
 Home. 
 Strathmore. 
 Haddington. 
 
 GENEIiAL ELECTION, 3d June, 1831. 
 
 The Peers present wlio voted, were — 
 
 Earls. — Lauderdale. Lords. 
 
 Stirling. 
 : Airlie. 
 
 Leven and Melvill. 
 Selkirk. 
 Kintore. 
 Hopetoun. 
 Viscounts. — Falkland. 
 
 Arbuthnott. 
 
 Strathallan. , 
 
 - Forbes. 
 Saltoun. 
 Elphinstone. 
 Torphichcn. 
 Colville of Culross. 
 Napier. 
 Belhaven. 
 Rollo. 
 Ruthven. 
 Kinnaird. 
 
 Dukes. — Lennox. 
 Argyll. 
 Montrose. 
 Earls. — Cassilis. 
 
 Breadalbane. 
 
 The Peers who vt)ted by Proxy, were- 
 
 Earls. — Aberdeen. 
 Dunniore. 
 Rosebery. 
 Glasgow. 
 Portmore. 
 
 17 
 
 Lords. — Gray. 
 
 Cranstoun. 
 Reay. 
 
 Nairn. 
 
 The Peers who voted by signed Lists, were — 
 
 Dukes. — Hamilton. 
 
 Gordon. 
 Earls. — Caithness. : 
 Moray. 
 Kinnoull. 
 Dumfries & Bute. 
 Elgin&Kincardine 
 
 Earls. — Wemyss & March. Viscounts. — Dunblane. 
 
 Balcarres. Lords. — Soinerville 
 
 ' Aboyne. Forrestei-. 
 
 Stair. 
 
 Viscounts. — Stormont. 
 
 Kenmore. 
 
 Kirkcudbriglit. 
 
 61 
 
 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 Councilsj Registers, and Rolls. 
 
 W. DuNDAs, CI, Reg. 
 
 ArNISTON, ^M^2(5i! 31, 1831. .:'.:.'
 
 PEDIGREE OF THE FAMILY OF ALEXANDER, EARLS OF STIRLING AND DOVAN. 
 
 so^rERLED, 
 
 T*i 
 KUIcJ 
 
 iribtliuu. =E1'TRICA, DiEahttrorOuTi'iibeSnnJre, 
 
 T«mp, Milcoln IV'- I nA Gnaddaniihwr of 
 
 '■'■—'- ^—'16*. Hirold iiuftger, KiDg of Dcaniuk. 
 
 in nitb hit bihu, 1 IGi. 
 
 H uid ibg IiLU, = FoNiA, DiaghMr 
 
 I. Oi.tivi, Kino nf Mm u 
 
 2. DavBHjkLP er Doku.d, Kimii d( Ibe IsLxt, s 
 
 fif-C 
 
 tit, Loud 
 
 orihc 
 
 
 ■ho 
 
 
 rate- 
 
 
 bnx 
 
 
 
 
 
 S,Mtu,d 
 
 
 
 ncniir o 
 
 <ho Ek 
 
 Uof 
 
 II «, 
 
 Lord* of 1 
 
 tl>Jn.Lord> 
 
 Hia 
 
 mild, £* 
 
 ■ of A 
 
 
 kctu-ht. 
 
 
 
 S. Albuhdki Macdokui), 
 foiiDd«d iho tnin «r duu of 
 MioJuwr of Loop, id Ar^lf- 
 
 liltkogbiu = WiHU'-D, EulsFMonr. 
 2d dangler. 
 
 Dun BAH d* Yuk or AlbuHDir, 
 
 Binili of Mtmlrio,' 
 >1 6J> March MOS. 
 
 Ulb Dusn of Miuina. 
 
 = JaNIT Mam BALI. 
 
 o 
 
 2. Jonn Albiakdi 
 
 o 
 
 'of Mvn>l'.<^. KDigbi, 
 
 Mulrr of Khiii»u Id Ki'og Jiraci Vl.^ 
 
 Kn.ghitd 1614. 
 
 SlOlh S«pt loai. iraid.lari/Liiulef>onl.i,e.qfJVe.. 
 Scolia, until prccfitcnry ef all 
 ixbStfi. 1630. Lord AIa^ere/Tull,lodit.md 
 r.«»u«l«/.S«„/.-j,, 
 Ulb Joan Ifl33. I'ucvunto/ Canada, and Earl of 
 
 Vnrf Ceooti1l*r, lod PriocipBl Stcrruiy for Seoiluid, lOt 
 K«pn of Ibo RigBCI, NoiomWr Ifi/T. A Lord ol Smioo, Si 
 Jnly IQ3L Died at Loodoit, lltb pEbiDiry lUO, and n 
 buned .t Slirllntt. 
 
 Sir WilllBiD EnhiB*. Knlgbc, 
 AicbtiihoporciugflT. 
 i( llobcn, 4ib Eul of Mu- 
 
 aiiliJin. lfi3S. 
 
 T Worlu in 
 
 ir Pcur Vinlop 
 ofTjIrhar.., 
 («. Dcih., 
 
 *. J-o-.. 
 
 
 
 
 
 Hobi. G..I.UD 
 
 p»i 1(1*3. 
 
 
 
 E«,.^ 
 
 ^^ 
 
 I1e!<b[. = Phdolu, JoitH, = 
 
 4ih F.iiii. of diBgliWt of Db, 11 
 
 StiBtiia. T»riipl»p»iridi, 
 
 Db. F«b. 1691. ud mdvur of co Anincn, ob. tiijon 
 
 SirRobcn IDihAp. 1112. 
 
 Hivnohlf, mil wu barlcd nuicor 
 
 Vdwifo. >l Ncmowor-'- ^ 
 
 John lloliby 
 of [li.hgi>i, 
 
 = IIaxmii. 
 
 f I ilioiiblvt o( 
 
 ' Rof. John Ilic 
 
 '. , sb Sill OcL 
 
 ..j.":;^ 
 
 Sill Caii. 
 
 lb Sopi. Ob. OtL 1137, CocMiu of 
 
 =:Wlt.LiAU HiiyFiinM 
 
 9ib And nnwDi I ooblo Milancts 
 
 EaBL or StIBLIHO flDlIly of 1(10 ■UOS 
 
 ■nd DaiA*. nuit. 
 
 CUIILU. EOOINI. WiLUUI. JoilN.
 
 GENEALOGICAL ACCOUNT 
 
 OF THE 
 
 FAMILY OF ALEXANDER, 
 
 IN SCOTLAND, 
 EARLS OF STIRLING AND DOV^N, kc.
 
 INTRODUCTORY NOTICE. 
 
 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 ! With remarkable consistency, 
 those gentlemen insert in their works, without the slightest comment or 
 observation, all the Scottish titles borne (certainly with perfect pro])riety and 
 rio-ht) by Peers, who, as I have shewn in my separate Narrative, hold 
 precisely the same tenure of tbem as I do of mine, and never had them con- 
 firmed or " admitted" by the House of Lords. If those writers were asked 
 to assign one fair and valid reason for excluding my titles, they would be 
 not a little puzzled ; though, I dare say, their ingenuity would suggest plenty of 
 invalid ones, which might appear satisfactory to some of their readers. But 
 believino- that I understand their motives, I Avant 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 families, 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 whicli looks 
 upon mc as unworthy to be enrolled with other Peers, I pity the littleness of mind 
 and Avant 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 Somcrlcd, King of the Isles, uho lived in the time of ^Malcolm the Fourth, 
 and was slain in battle about the year 1164. lie loft by his wife, Effrica, dau<,diter 
 of Olavus the Swarthy, King of Man, a son, Keginakl. King of Man and the Isles,* 
 father of Donald, wdiose eldest son, Angus, Lord of the Isles, was ancestor of the 
 Earls of Koss and of Antrim, and of the Lords ^lacdonald. His second son, 
 Alexander Macdonald. founded the tribes or clans of iMacalistcr of Loup, in 
 Argyllshire, and of Alexander of Menstrie. This Alexander INIacdonald was 
 lineal ancestor to 
 
 •• • Vide Sir Walter Scott's very entertaining and curious notices of this tiiniilv. in the notet to his 
 Poem, " The Lord of the Isles."
 
 4 GENEALOGICAL ACCOUNT OF THE NOBLE 
 
 Thomas Alexander, of Menstrie, in the shire of Clackmannan, Avho flourished 
 in the reion of Kini>- James the Fourth of Scotland. His son, Andrew, was father 
 of i\-lcxander .Vlexander, who, by his wife, Elizabeth, grand-daughter of Sir 
 Ilobert Douglas of Lochleven, had a son, Andrew, father of another Alexander 
 Alexander, who lived to an advanced age, and left issue at his death in 1594, 
 beside a younger son Andrew, "William, afterwards Sir AVilliam, his eldest son 
 and heir, founder of the Stirling honours. 
 
 This Sir AVilliam iVlexander, from his infancy, was much distinguished for 
 quickness 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 h'liAi degree of favour with his Sovereimi. 
 
 On the accession of King James the Sixth to the throne of England, he followed 
 the Court to London, and there, in 1604, published a quarto volume of Poems, 
 Plays, &:c. ; and afterwards wrote a variety of other works. He was soon advanced 
 to be one of the Gentlemen 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 
 Avorldly 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, 1621, by which the said country Avas then given to him to hold 
 liereditarily, Avith the office 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 1^2th July, 1625, ordained Sir 
 William Alexander, and his heirs, in the office of Lieutenant aforesaid, to have 
 prececk'tice 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 which 
 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 undertaking of that expedition, 
 ' and the setiling of planters in the said lands, Ave, for us, and our heirs and 
 ' successors, with advice and consent aforesaid, in virtue of our present Charter, 
 ' give and grant free and full poAver to the aforesaid Sir W^illiam Alexander 
 ' and his foresaids of conferring favours, privileges, offices, and honours, on the
 
 FAMILY OF ALEXAN'UEK, IN SCOTLAND. i 
 
 ' deservinjT, with plenary poAvcr of disponing and overgiving to them, or any of 
 ' them wlio 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, «S:c. Also of giving, grantinir. and bestowing, such offices, 
 ' titles, rights, and powers, ikc. as shall seem to him and his foresaids expedient,' 
 &c. And again, in another clause, they were authorized to make grants and 
 infeftments, &c. by ' whatever styles, titles, and designations, shall seem to them 
 ' fit, or be in the will and option of the said Sir William ^Mexandcr and his 
 • foresaids, which infeftments and dispositions shall be approved and confiniied 
 ' by us and our successors, freely, without any composition to be paid therefor.' 
 
 More evidence of the power granted to Sir W'illiam and his heirs, to confer 
 titles, cimnot be needed. The fact has been disputed, probably on the ground 
 that the grants of such title of Baronet, though foUoAving, in the first instance, 
 in consequence of the voluntary surrender of Sir \\'illiam, before or after he 
 became Lord Stirling, were afterwards held of the Crown, by charter of 
 iiovodaiiius 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 1626, Sir AVilliam Alexander was appointed I'l-incipal Secretary of State for 
 Scotland. On the 2d of February, 1628, he had another Charter, under the 
 Great Seal of Scotland, in which he was described as the King's Hereditar)- 
 Lieutenant of Nova Scotia, and had a grant of certain islands and territories, 
 the bounds of which were most extensive ; and the Avhole were erected into an 
 entire and free Lordship, then, and at all times thereafter, to be called and 
 designated the " Lordship of Canada," xrom 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;J. 
 
 On the -Ith of September, 1630, he Avas 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 1-tth June, 1633, created him 
 Viscount of Canada, and Earl 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 o\' novodciinus. under the Great 
 Seal of Scotland, dated the 7th of December. 1639. regrantetl them to the i^rl. 
 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
 
 « GENEALOGICAL ACCOUNT OF THE NOBLE 
 
 of the bodies of such heirs female respectively. Shortly after this, he died, in 
 February, l640. 
 
 By Janet, his wife, daughter 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 ; John, 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, \^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 <lied 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 novodavnis, 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 Avithout 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 Rev. 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 his 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, JNIary, 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 I'Jth 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 P^arldom in many past editions of the printed Peerages of the United Kingdom. 
 
 Alexander, now the ninth Earl of Stirling, was served heir to his mother, Hannah,
 
 FAMILY OF ALEXANDER, IN SCOTLAND. 7 
 
 last Countess, on the 7th of Fehruary, 182G; nearest lawful heir in general of 
 his creat-irrcat-'irreat-f'Taiulfathcr, AN'illiani, the first Karl of Stirling, on the 11th 
 of October, 1830; nearest lawful heir of tailzie and provision to the same, on 
 the 30th of May, 1831, under the Privy Seal precept, to take up the Earldom of 
 Dovaii. which w^as 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 ])rccept directed out of Chancery, he received, 
 on the 8tli of the same month, in teruis 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 James, Mscount of Strathallan, as a representative Peer, in the room 
 of the Earl of Ealcarres, deceased. He has since voted at several general elections ; 
 the last time on the 10th of February, 1835. 
 
 The Earl was born 21st June. 17H3; married, 4th .January, 1812. Fortunata- 
 Maria-Gertrude, only daughter of Signior (iiovanni Bartoletti, of Naples, by 
 whom he has had issue : — 
 
 1. Alexander-William-Francis. Viscount Canada, born llth Xovember, 1812. 
 
 2. Charles-Louis, born ISth January, 1814. 
 
 3. Lady Angela-Eliza, born 25th July, 1815; married in Scotland, 19th >Lirch, 
 
 1835, to William Wilberforce Pearson, Esquire of Scraptoft Hall, county 
 of Leicester. 
 
 4. Eugene- John, born 23d December, 1810. .'■- 
 
 5. Lady Clara-Sophia-Fortunata, born l6th October. 1818 ; died 25th January, 
 
 1823. 
 
 6. Alfred-AVilliam, born 24th October. 1820: died 31st January, 1823. 
 
 7. AVilliam-Donald-Stapk'ton, born lyth March, 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 procla- 
 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.
 
 9 GENEALOGICAL ACCOUNT, &c. 
 
 Name and Titles. — Alexander Alexander, Earl of Stirling and Dovan, Viscount 
 of Stirling and Canada, Ijord iUcxander of TuUibodie, His Majesty's heredi- 
 tary Lieutenant of Nova Scotia, <kc. he. 
 
 Dates of Creations. — 10th September, 1621. Hereditary Lieutenant General 
 of the Country and Dominion of Nova Scotia. 
 Vlth July, 1625. — Justice General; High Admiral and Lord of Regality ; 
 
 also Hereditary Steward, within the said Country. 
 4tih September, 1630. Lord Alexander of TuUibodie, and Viscount of the 
 
 Town of Stirling. 
 l^th June, 1633. — Viscount of Canada and Earl of Stirling. 
 30/A July, 1637. — Earl of Dovan, with precedency from 14th June, 163.3. 
 lih December, 1639. — Charter of Notodamus. 
 
 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. 
 
 Crest. — On a wreath, a bear sejant, erect, proper. 
 
 Mottoes. — Per Mare, per Terras; and, over the crest, Aut Spero, aut 
 Sperno.
 
 AN 
 
 HISTORICAL VIEW 
 
 OF 
 
 THE PROVINCE OF NOVA SCOTIA, 
 
 AND OTHER TERRITORIES IN AMERICA ; 
 
 AND 
 
 ACCOUNT OF THE GRANTS OF THOSE TERRITORIES, 
 
 WITH TIIEIIl DEPENDENCIES, &c. 
 
 IN FAVOUR OF 
 
 SIK WILLIAM ALEXANDER, EARL OF STIRLING, 
 
 ij-c. ijc. tjc. 
 PRINCIPAL SECRETARY FOR SCOTLAND, IN THE REIGN OF CHARLES THE FIRST: 
 
 WITH PROOFS, 
 
 FROM PUBLIC RECORDS, ANT) OTHER AUTHENTIC SOURCES OF IXFORMATION.
 
 .L \J
 
 •f1 " 
 P R E F A C E. 
 
 A Royal Charter was passed in favour of Sir A\'!lliam Alexander, the first 
 Earl of Stirlin<>-, in Scpfcinbcr 1()21, containin<i' a <^rant to him of an exten- 
 sive tract of lantl, under the name of Nova Scotia, in America, which he 
 undertook to colonize. With some sinister views, however, it has been 
 alleged, that after the date of the charter either the territory of Nova Scotia 
 was ceded l)y treaty to France, and the whole f>Tants made to Sir WilHam 
 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 and for ever deprived of it in consequence of his own act. 
 
 Both of these alternative jiositions, distant as they are alike from the truth 
 and from each other, have been taken up, it must be acknowledged, not 
 without a semblance of authority. One historian sets forth, that by the 
 treaty of St Germain, " King Charles gave up all Canada and Nova Scotia, 
 " with Port Royal and Cape IJreton, to the French *." Further, the Agent 
 of the United States, in conference with the British Commissioners actinir 
 under the treaty of Cihent, of 24th 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 j\hf)esty, 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.
 
 iv PREFACE. 
 
 " in the year 1630, aliened his patent and government to the French Crown, 
 " and upon selling his patent the King of France granted to Mons. De la 
 " Tour all the country of Acadie and Nova Scotia *." 
 
 This statement has at least the merit of being consistent with the fact, 
 that Sir William Alexander continued to retain his right of property in 
 Nova Scotia. Still there never existed a particle of ground for asserting 
 that he, in any manner, or at any time, in 1630 or afterwards, divested him- 
 self of his patent. On the contrary, the assertion is disproved by various cir- 
 cumstances of real evidence ; but to give a just and exact relation of these, 
 a considerable minuteness of detail seemed to be required. All contro- 
 versial discussion of the opposite statements has been, for the most part, 
 avoided; but 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 
 Mons. De la Tour obtained a grant connected with Nova Scotia, which it is 
 certain that person did of a portion of lands lying there ; but it was from Sir 
 William Alexander that he obtained it. A full copy of the grant will be 
 found in the Appendix f. 
 
 In the last place, the attention of the reader is requested to a description 
 of the o-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 North America, published in 1755, and JNIemoir relative thereto. " Nova 
 " Scotia usurped by the French in 1603, — they forced out by Argal in 
 " 1613; granted in 1621 to Sir William Alexander; and the boundaries 
 " were St Lawrence river on the north, and the west St Croix. By a second 
 " grant, in 1635, it was enlarged to Kenebec river, to co-extend Nova 
 " Scotia with Acadia." Hence it follows incontestably, that the assertion 
 that Sir William Alexander, in the year 1630, alienated or sold his patent 
 of Nova Scotia must fall to the ground, as he could not have wanted the 
 grant in 1635 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 Encyclopjedia, which 
 appeared to be at once the most apposite and comprehensive on the subject. 
 
 * Sullivan, p. 174. t No- A IX. .■
 
 CONTENTS. 
 
 Page 
 
 Chap. I. History of the Province of Nova Scotia, granted by King James VI. of Scot- 
 land to Sir Wdliain Alexander, on the surrender of the Pljinouth Companv, and 
 conveyed by charter in the 55th year of his reign, ..... 1 
 
 ( II. Account of the territories conveyed by charter in the 55th year of King James 
 
 VI. to Sir William Alexander, . . . . . . . .10 
 
 III. Account of the offices, &c. and privileges thereby granted, . . . .12 
 
 IV. History of the Lordship of Canada, granted by King Charles I. of England and 
 
 Scotland, to Sir William Alexander, and conveyed by charter in the 3d year 
 
 of his reign, . . . . . . . , . . . .15 
 
 V. Account of the territories conveyed, and the powers, &c. granted, by charter of 
 
 the Lordship of Canada to Sir William Alexander, . . . . .19 
 
 VI. History of a part of Maine, and islands, granted by the Plpnouth Companv, at the 
 command of King Charles I. to William, Earl of Stirling, and conveved by let- 
 ters-patent in the 11th year of his Majesty's reign, . . . . .20 
 
 VII. Account of the territory and islands conveyed by letters-patent of a part of Maine, 
 
 &c. to William, Earl of Stirling, ........ 25 
 
 APPENDIX. 
 
 No. I. Letter from King Charles I. to the Privy Council of Scotland, anent Baronets, 
 
 19th July 1(525, 27 
 
 II. Commission by King Charles to certain of the Privy Council for creating Baronets, 
 
 25tli July 1(326, 28 
 
 III. Warrant to the Baronets to wear a cognizance or badge, 17th November 1629, 35 
 
 IV. Act of the Convention of Estates, 31st July 1630, 36 
 
 V. Letter from King Charles to the Privy Council, 12th July 1631, . . .37 
 
 VI. Letters-patent by Iving Charles, concerning the delivering up to the French King 
 
 of the fort and place of Port Royal, in Nova Scotia, 28th July 1631, . .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 
 
 VIII. 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
 
 CONTENTS. 
 
 No. XII. 
 XIII, 
 XIV. 
 
 XV. 
 
 XVI. 
 
 XVII. 
 
 XVIII. 
 
 XIX. 
 
 XX. 
 
 XXI. 
 XXII. 
 
 XXIII, 
 XXIV. 
 
 XXV, 
 
 XXVI. 
 
 XXVII 
 
 XXVIII, 
 
 XXIX. 
 
 XXX. 
 
 Act of the Privy Council, 15tli February 1634, ..... 
 
 Roll of Baronets of Nova Scotia who had territorial grants there, 
 Assignation and Disposition in trust by William, Earl of Stirling, to Messrs 
 
 Kynneir and Gordoun, 29th January 1C40, 
 
 Excerpt from Treaty of Breda, 2 1-3 1st July 1GC7, .... 
 
 Excerpt from Treaty of Ryswick, 20th September 1697, 
 Excerpt from Treaty of Utrecht, nth April 1713, .... 
 
 Excerpt from Treaty of Paris, 10th February 1763, .... 
 
 Grant by Sir William Alexander to Sir Claude St Estienne, Knight, De la Tour, 
 
 &c. 30th April 1630, 
 
 Patent of Baronetage by William, Viscount of Stirhng, to John Browne, Esq. 
 
 17th June 1636, 
 
 Excerpts from the act ratifying and approving the Treaty of Union, 5. Annse, cap. 7, 
 Description of the offices granted by the Charters of Nova Scotia, 55. Ja. VI, 
 
 and 1. Cha. I, .......... 
 
 Excerpt from the Quebec or Canadian Act, 14. Geo. Ill, cap. 83, 
 
 Grant by James Farrett, deputy of the Earl of Stirling, to Thomas Mayhew, 
 
 elder and younger, 13th October 1641, 
 
 Patent by King Charles II. to James, Duke of York, 12th March 1664, 
 Excerpt from Report on the Lands in Maine, 1814, 
 Grant by James Farrett to Lieutenant Gardiner, 10th March 1640, 
 Patent by Governor Nicolls to David Gardiner, 5th October 1665, 
 Grant by James Farrett to Daniel How, &c. 17th April 1640, 
 Remonstrance of the inhabitants of South Hampton to Governor Lovelace, 
 
 15th February 1670, 
 
 Page 
 
 49 
 50 
 
 53 
 
 58 
 59 
 ib. 
 
 ib. 
 
 60 
 
 63 
 64 
 
 65 
 67 
 
 68 
 69 
 72 
 73 
 74 
 ib. 
 
 77 
 
 Distance in English Miles from Quebec to Halifax. 
 
 Annapolis. 
 
 Wilmot Gibbon. 31 
 
 Kentville. 29 60 
 
 Windsor. 27 56 87 
 
 Halifax. 45 72 101 132 
 
 Quebec. 
 
 
 Frederickton. 
 
 355i 
 
 
 St Johns. 
 
 82 
 
 437^ 
 
 )igby. 
 
 36 
 
 118 
 
 473i 
 
 20 
 
 56 
 
 138 
 
 4931 
 
 51 
 
 87 
 
 169 
 
 5241 
 
 80 
 
 116 
 
 198 
 
 553i 
 
 107 
 
 143 
 
 225 
 
 5801 
 
 152 
 
 188 
 
 270 
 
 6251 
 
 ERRATA. 
 
 Page 19, last line but four, delete ' of 
 
 SO, last line but ii\ne, for degree, state, read degree, dignity, state. 
 
 r 63, line 20, for liiten read in the.
 
 AN 
 
 HISTORICAL VIEW, 
 
 &c. 
 
 CHAPTER I. 
 
 HISTORY OF THE PROVINCE OF NOVA SCOTIA, IN AMERICA, GRANTED BY KING JAMES THE SIXTH 
 OF SCOTLAND TO SIR WILLIAM ALEXANDER, ON THE SURRENDER OF THE PLYMOUTH COM- 
 PANY, AND CONVEYED BY CHARTER, IN THE 55tH YEAR OF HIS REIGN. 
 
 The continent of North America was discovered in June 1 197. ^y Sebastiano 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 nortli latitude, for the Crown of 
 England. The King of England, Henry VH, 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 ot do- 
 minion, and a rivalship in trade and navigation, prompted the French to set on foot 
 commissions 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 1601', how- 
 ever, favoured by the indolence of the English, and their want of attention to the im- 
 provement 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 160S, 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 1602. 
 
 On 10th April ICOG, King James before mentioned, by letters-patent, granted 
 
 A
 
 2 AN HISTORICAL VIEW 
 
 that part of the continent of America which lay between 34 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 New England, to Sir Thomas Gates and others, with permission to 
 divide themselves into two companies or corporate bodies, the first to be called the 
 South Virginia or London Company, and the second, the North Virginia or Plymouth 
 Company. 
 
 In the year I6l3, Sir Samuel Argal, governor of the southern part, called Vhyinia, 
 made a cruizing voyage round the coast, as far as Cape Cod, in latitude 42.2, when the 
 Indians informing him that some white men like himself were come to inhabit to the 
 north of them, on Mount Desert Island, in latitude 44.20, 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 fort ; and 
 having summoned the French, they surrendered themselves, cancelling the patents that 
 had been granted for their settlement by the French King. Argal being thereafter 
 informed that the French had another station on a bay beyond the former settlement, 
 proceeded thither without delay, and obliged them also to surrender themselves ; when, 
 quitting the country, they betook themselves more to the northward, and high up St 
 Lawrence River. 
 
 On 3d November 1G20, 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, iu 
 " America," for all that part of the continent lying between 40 and 48 degrees of north 
 latitude, and extending from sea to sea. In 1621, that company surrendered to the 
 Crown every part of their patent situate to the north of the River St Croix ; whereupon 
 the King granted a charter 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 
 Nova Scotia ; and King Charles I. granted to him a charter oi novodamus, dated 12th 
 July 1625, conform to which he was duly vested and seised, 29th 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, he entered into a war with France 
 in 1627, which continued until April 1629, 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 the
 
 OF NOVA SCOTIA, &c. 3 
 
 " same ; as we are bound in diitie and justice to discharge what we owe to cverie neigh- 
 " hour prince, so we must have a care that none of our subjects do suffer in that which 
 " they have undertaken, upon just grounds, to do us service, neither will we determine in 
 " a matter of so great moment, till we understand the true estate thereof: Therefore, 
 " our pleasure is, tliat you take this business into your considciation, and because we 
 " desire to be certified how far we 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 answxn- with diligence," &c. 
 " Whitehall, 3d July IGSO »." 
 
 The Lords, with the other Estates of the realm, being assembled in Convention, 31st 
 July 1630, 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 lloyal was nevertheless commanded by 
 his Majesty, together with the destruction of the fort built for its protection, and the 
 evacuation of Port Royal itself, by the following letter to Sir William Alexander, then 
 Viscount of Stirling : 
 
 » 
 
 " Right, cS:c. Vriiereas 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 that 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 without 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 command you hereby, that 
 " with all possible diligence you give order to Sir George Home, Knight, or any other 
 " having charge from you there, to demolish the fort which was builded by your son 
 •' there t, and to remove all the people, goods, ordnance, munitions, cattle and other 
 
 . * Earl of Stirling's Register of Letters of King Charles I. &c MS. 
 
 \ Sir William Alexanilei- " erected a fort on tlie site of the French coni-fields, previous to the treaty of St 
 " Germain. The remains of this fort may be traced wilii i;rcat ease ; tiio old parade, tlie embankment and 
 *' ditch have not been tlisturbed, and preserve their original form." — Ilalibiirlon's Uistori/ of »Voi'a Scotia- 
 Halifax, 18'2y, vol. ii. p. I5G. - 
 
 A 2
 
 4 AN HISTORICAL VIEW 
 
 " things belonging unto that colonie, 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. 
 «' Greenw^ich, lOth July iGSl *." 
 
 The command to remove the colony from Port Royal, although it was declared to 
 have 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 lG3I, " We will be verie careful to maintain all our good subjects 
 " who do plant themselves there ;" and granted letters-patent, 2Sth July aforesaid, 
 wherein his ISIajesty declared, that he agreed to give up the fort and place of Port 
 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, 
 in 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 : 
 
 «' Rif>ht trustie, &c. Whereas we send herewith inclosed unto you a signature often 
 
 " thousand pound sterling, in favour of our right trustie the Lord Viscount of Stirling, 
 
 *' to be past and expede by you under our Great Seal ; 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 losses that the said Viscount hath, 
 
 " by giving order for removing of his colonie at our express command, for performing 
 
 " of an article of the treatie betwixt the French and us : And we are so far from ahan- 
 
 " doning 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- 
 
 «' in<T your best endeavours therein. Willing thir presents be insert in your books of 
 
 " Exchequer, and an act made hereupon, we bid," &c. 
 
 «« Whitehall, \9th February 1632 1." 
 
 Durino- 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 against Quebec, defeated the squadron that was sent to its relief, and after re- 
 
 * Earl of Stirling's Register. ■[ Ibid.
 
 OF NOVA SCOTIA, &c. 5 
 
 ducing the settlers there to the greatest extremities, compelled them to capitulate, l!Jtli 
 July IG29. It was recovered, however, by France, under the treaty of St Germain, in 
 1632. 
 
 " Sir David Kcrtk 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 1631 ; but it was not till 29th March 1632 that the 
 " treaty was signed, by which King Charles" agreed to make his 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 Breton, to render and deliver these places 
 and fort into the hands of such as the French King should please to appoint ; " which 
 " 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 England.) 
 
 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 occupation they took of the country, nor even any 
 effectual remonstrances made against their aggression. But his Majesty wrote to the 
 Lord Advocate, 14th June 1032, 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 August 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 justlie do for the encouragement of all that should join with them to that 
 *' 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, the 
 procuring of those persons who were joint undertakers with him of the plantation, 
 to be created Baronets of Nova Scotia, as recommended by his jNIajesty, by whom that or- 
 der was instituted, to confer particular marks of his " favour upon such as should volun- 
 " tarilie contribute to the furtherance of a plantation to be established in these bounds." 
 
 In June 1G33 the patents or grants to Sir William Alexander were solemnly ratified 
 by Parliament ; and further, an act of the Privy Council, under date 15th February 
 1634, 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 ISIajestie's right traist cousin and counsellor, William
 
 6 AN HISTORICAL VIEW 
 
 " Erie of Sterline, and was willing to confer the title of Knight Baronet upon such of 
 •' his 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 ])erfectlie that the said Erie 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 Majestie's commanding the said Erie to remove his colonic from Port 
 *' Royal, for fulfilling of an article of the treaty betwixt his Majestie 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 
 " Majestie had totallie lost his purpose to plant in that countrie, as having surrender- 
 " ed his right thereof ; and therefore lest auie further mistaking should arise there- 
 " upon, his Majestie has thought good hereby to clear his intention therein, which is, 
 " that the said Erie, with all such as shall adventure with him, shall prosecute the said 
 " work, and be encouraged by all lawful helps thereunto, as well by completing the in- 
 " tended number of Baronets, as otherways," &c. Lord Stirling, therefore, continued to 
 procure the creation of Baronets to those persons respectively who concurred with him 
 in 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 lG37> 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 
 him under his patents, as is proved by an assignment of them in trust, that he executed 
 in 1640, only two weeks before his death. 
 
 The French maintained their usurped possession of Nova Scotia, certainly, as has 
 been said, with little or no molestation, until 1654, when, by command of Cromwell, 
 military re-occupation of the country was taken by Colonel Sedgwick. King Charles II, 
 however, in 1662, 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 ; 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 or known by the names of St Croix and Sagadahock, 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
 
 OF NOVA SCOTIA, &c. 7 
 
 of any parts of the country in their neighbourhood, they seized the first opportunity of a 
 rupture with tliat people to force every place in their possession out of their grasp. Great 
 Britain declared war against France 7th May 1089, and Sir William Phipps, commander- 
 in-chief of the forces of New England, appeared, on 1 1th May iGyo, before Port lloval, 
 the garrison of which was surrendered, upon condition of a safe conduct to Canada. 
 Having dismantled the fort, and sent away the French garrison agreeably to the capitu- 
 lation, Sir William Phipps left the country in the possession of those who remained 
 behind, placing over them a governor under their Majesties, King William and Queen 
 Mary, and they kept undisputed possession of the country on that footing. 
 
 Further, on 7th October IG'JI, King William and Queen ^lary, by charter to the 
 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 1697> 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 respect to the country of 
 Nova Scotia, was lelt by no means doubtful ; because, so soon afterwards as in June 
 1698, King William, in pursuance of the grants that had been made to Sir ^^'illiam 
 Alexander, confirmed a conveyance of a portion of lands lying in that country, and 
 holden of his Majesty as the inunediate overlord t, for doing which the King could have 
 had no pretence, if the country had been considered as having passed Irom under his 
 
 * Prefixed to Laws of the MassachimU-Binj in New Tlnyland. Loud. 172t. 
 
 f Sir William Alexander surrendiMed into the liands of the Crown certain of liis lands lying in Nova Scntia, 
 in favour of Sir llobert Gordon of Gordonstouue, who thereupon obtained a new charter of them, under the 
 Great Seal of Scotland, on 28th May 1625, containinir a grant of the title and diirnity of Baronet. Sir Robert 
 died in 1G5G ; and his grandson, also called Sir Robert Ciordon, thereafter obtained a grant of the dignity and 
 the same portion of lands, bearing that they had been again surrendered into the hands of the Crown, in ferour 
 of a new and different series of licirs, appointed by a deed of settlement, dated 26tli January 1697, and that 
 the surrender had been duly received ; and the dignity and lands were de novo confiiined and re-granted, on 
 27th June 1698; B. Ixxvi. No. 5. 
 
 Referring to the records for other instances of a settlement or devise of lands and titles of honour being 
 contirmed by the Crown, one remark occurs to be offered, that any nomination or appointment of new heirs to 
 titles now, otherwise 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 lionours and dignities, having been 
 adjudged by the House of Lords, Ith JMay 1718, to be not valid iu law.
 
 8 AN HISTORICAL VIEW 
 
 right of feudal superiority or sovereignty, in consequence of possession being resumed 
 by the 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 
 orio-inal 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, comiweliended 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 IV'iS, 
 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 
 Commissaries 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 174-9. But 
 the French, in April 1750, 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 1755, by the lieutenant-governor. Major Charles Law- 
 rence, assisted by troops from New England under the orders of Colonel Monkton. 
 
 The treaty of Paris, of 10th February 1763, ensued, by Article 4. of which the 
 French 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 
 the 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 1705, and his brother and successor, Benja- 
 
 * Memorials of tbe British and French Commissaries under tiie Treaty of Aix-la-Chapelle. Lond. 1748.
 
 OF NOVA SCOTIA, &c. 9 
 
 iiiiti, the eighth Earl, died on 18th April I7G8, from which time the right was in the 
 person of females, until 12th September 1814, 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 18^1. Having been proved to be the heir 
 to the property, he obtained a precept from his Majesty as overlord, for givinf 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.
 
 10 AN HISTORICAL VIEW 
 
 CHAPTER II. 
 
 TERRITORIES CONVEYED BY CHARTER IN THE 55tH YEAR OF KING JAMES THE SIXTH OF SCOT- 
 LAND, AND BY A FURTHER CHARTER OF NOVODAMUS IN THE FIRST YEAR OF KING CHARLES 
 THE FIRST OF ENGLAND AND SCOTLAND, TO SIR WILLIAM ALEXANDER. 
 
 The province of Nova Scotia, granted by King James to Sir AVilliam Alexander, and 
 granted again by his son and successor King Charles, formed a middle portion of a tract 
 of country in America, which, it is said, was named by the French, prior to 1613, 
 Acadie, and reached from Penobscot, (by the French named Pentagoet,^ in the state 
 of Maine, to the north of the River St Lawrence. It includes 
 
 Nova Scotia proper ; 
 
 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 Vert to Cumberland Basin. The length of the country is about 320 miles, and its 
 average breadth about 70, containing 14<,03l 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 17S3 ; is about 
 145 miles from north to south, and contains 26,704) 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 1760. 
 
 The island of Cape Breton is mentioned in 1632, 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 unplauted 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. 11 
 
 in their province of New France. This island was called by the IVench Me Royale, 
 whilst they held it, which they did until lyth June 111-5, when it was taken from them 
 by the British, under Commodore Warren, assisted by a body of COOO troops from New 
 England, under the command of Mr William Peppercl ; but it was restored to France 
 by the treaty of Aix-la-Chapclle. It was afterwards taken by General Amherst, com- 
 manding the British land forces, and i)y Admiral Boscawcn, 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 
 about 100 miles long by about GO broad, and contains 3125 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 34, containing 
 2159 square miles. 
 
 The province of Nova Scotiu 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 1632, 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. 
 
 B VJ
 
 12 AN HISTORICAL VIEW 
 
 CHAPTER III. 
 
 OFFICES, &C. AND PRIVILEGES GRANTED. 
 
 After the description of the territories, the charters contain the grant to Sir William 
 Alexander, and his successors, of the power, privilege and jurisdiction of free regality 
 and chancery, (chancellary) ; the right of patronage of churches, chapels and benefices, 
 and the functions of justiciary and admiralty ; and more particularly, certain great 
 ofHces with high jurisdictions, and large privileges or powers under written, all to be 
 exercised within the bounds of Nova Scotia, and in reference thereto. 
 
 1. The office of his Majesty's Hereditary Lieutenant-General, to represent his royal 
 person, with the power of making, sanctioning and establishing laws, statutes and 
 instructions for the government of the country in all causes civil and criminal ; such 
 laws to be consistent, as much as they could be made, with those of the kingdom of 
 Scotland. 
 
 '-2. The offices of 
 
 Justice-General ; 
 
 High- Admiral ; 
 
 Lord of Regality ; 
 
 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, with sufficient magistrates, justices 
 of the peace, provosts, aldermen, constables and other officers, deacons of crafts and 
 others requisite. 
 
 4. 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, clerks, 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. 
 
 * Grants or patents to Sir Claude St Estienne, Charles St Estienne, and John Browne. App. Nos. XIX. 
 and XX.
 
 OF NOVA SCOTIA, &c. 13 
 
 6. The privilege of export from and import into Scotland, or any other places, of all 
 goods and merchandises, on payment to the Crown of an ad valorem duty of 5 per cent., 
 and exemption from any other duty or custom in respect to such import or export. 
 
 7. The power of building churches, chapels and hospitals, and of planting the said 
 churches, and providing them with suilicient preachers, pastors and ministers. 
 
 S. The power of erecting, founding and constructing common schools, colleges and 
 universities, sufficiently 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 bounds of the country into different and distinct shires, pro- 
 vinces and parishes. 
 
 9. The power of founding, 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 members, and creating the clerks thereof; also of ap- 
 pointing seals and registers, with their keepers, 
 
 11. The power of erecting and instituting 
 Officers of State ; 
 
 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, as in Flanders or elsewhere ; 
 
 Advocates, procurators and pleaders of causes ; 
 
 Solicitors and law agents. 
 
 12. 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. 
 
 13. The power of appointing governors and commandants of the ports, naval stations 
 and bays, and captains of castles and forts. 
 
 li.. The power of appointing clerks, officers and Serjeants or macers of the several ju- 
 dicatories and jurisdictions. 
 
 \5. 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
 
 14 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 j 
 
 The office of Justice-General ; 
 • The office of Admiralty ; 
 
 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- 
 grants of them from the Crown made, with and under the exceptions and reservations 
 which have just been specified.
 
 OF CANADA. 15 
 
 CHAPTER IV. 
 
 HISTORY OF THE DOMINION OH LOnDSIIIP OF CANADA IN AMEniCA, GRANTED BY KING CHARLES 
 THE FinST 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 tlie 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 lieard of more. In 1531-, Jaques 
 Cartier, a native of St Malo, sailing under a commission from the French Kin^r, 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 lliver St Lawrence as fin- 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 IM. 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 I\'. appointed the ^Marquis de la Koche lieutenant- 
 general of Canada ; but that nobleman sailing from France in 159S, 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 form 
 A settlement in Canada, or New France, as it was then by that name designated.
 
 16 AN HISTORICAL VIEW 
 
 It very soon became as much a missionary station as a commercial settlement. A 
 very general zeal for the Christian 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 prosperity 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 French, 
 rather than converts to Christianity. These lost in a great degree the useful qualities 
 of tlie 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 condition 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 ^Villiam 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 the 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 
 
 " tliiig of the said country of Nova Scotia, terminating at the aforesaid Gulf and River 
 *' Canada, he has 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 he 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 1628, and passed under the Great Seal of Scotland, of certain islands and 
 extensive tracts of land on both sides of the River Canada or St Lawrence, all to be 
 called the dominion or lordsiiip 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 1620. One part of their patent, as 
 before stated, was surrendered by that company, in 1621, to his ^Majesty, 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 22(1 April 16J5, which, by construction of law, the above-mentioned char- 
 ter of 2d Tebruary 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 162S ; 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 l608, 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 A\'illiam 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 Earl 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 obtained possession of tiie fort of (Quebec, thought fit to 
 usurp possession also of the circumjacent country, and they contrived to maintain that 
 usurpation by force, until it w'as conquered by a British army under General Amherst, 
 and finally surrendered by the French general, the jMarquis do Vaudreuil, 8th Septem- 
 ber 1760. Ry the treaty of Paris consequent 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 tiom 
 
 c
 
 18 AN HISTORICAL VIEW 
 
 the stores of the army, but was besides in a very unsettled state, which continued for 
 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 the 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 17(ji, a 
 formidable confederacy of the natives having been thwarted in tiieir 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 tiiousand 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 1S31, taken at the castle of 
 Edinburgh, as appointed by the charter thereof.
 
 OF CANADA. jg 
 
 CHAPTER V. 
 
 TEHRITORIES COXVEYED, AND POWERS, &C. GRANTED, BY CHARTER OF THE LORDSHIP OF ■ 
 
 CANADA TO SIR WILLIAM ALEX^VNDER. 
 
 In the east parts of this country lay the northern portion of Acadia. The grant from 
 King Charles to Sir William Alexander comprehends altogether, 
 
 Islands lying in the Gulf of St Lawrence, 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 bounds 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 distiiiguislied 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 grant 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: 
 
 Lastlij, 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 'J
 
 20 AN HISTORICAL VIEW 
 
 CHAPTER VI. 
 
 HISTORY OF A PART OF MAINE, IN AMERICA, LYING BETWEEN THE RIVERS ST CROIX AND 
 KENF-BECK, AND ISLANDS, GRANTED BY THE PLYMOUTH COMPANY, AT THE COMMAND OF KING 
 CHARLES THE FIRST OF ENGLAND AND SCOTLAND, TO WILLIAM, EARL OF STIRLING, AND CON- 
 VEYED, BY LETTERS-PATENT, IN THE 1 ItII YEAR OF HIS MAJESTy's REIGN. 
 
 On 3d November lC20, a patent for a part of the continent of America was granted 
 by King James to the Plymouth Company, every part of which, north of the river St 
 Croix, as before stated, was surrendered by that Company to the Crown, and of new 
 granted to Sir William Alexander, in 1621. 
 
 Another part of the patent of the Plymouth Company, south of the river St Croix, con- 
 sisted of a tract comprehended within the Lordship of Canada, which was granted by 
 King Ciiarles in favour of Sir William Alexander, on 2d February lG28 ; 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 com- 
 ^' mand" of King Charles, issued letters-patent to William, Earl of Stirling, his heirs 
 a:5d assigns, dated 22d April lG35, 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 Kencbeck*, 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 l63o, and 
 he himself and his heirs were at a very great expense in planting and settling the bounds 
 thereof. Mr Savage, in his work on New England, mentions as follows : «' This year 
 " (an. 1()4-I,) mon. 4, divers families in Linne and Ipswich having sent to view Long 
 ♦' Island, and finding a A'ery commodious place for plantations, but challenged by the 
 *' Dutch, they treated with the Dutch governor (Kiefc) to take it from them. He 
 " offered them very fair terms ; as, that they should have the very same liberties, both 
 
 * " The space between tlie St Croix anil Pemaquid, held by him, (Sir William Alexander,) as one of tlie 
 " Council of I'lymoHlh, under anoliier grant, by an agreement among the grantees.'' — Hahhurlon's History of 
 Nora Scotia, vol. i. p. \\i.
 
 OF LANDS IN MAINE, &c. 21 
 
 " civil ami ecclesiastical, wliich they enjoyed in the Massachusetts, only liberty for ap- 
 " pcal to the Dutch, and, after ten years, to pay the tenth of their corn. The Court 
 *' were offended at this, and sought to stay tiicni ; not for goii;;^ from us, but for strength- 
 " eiiiug the Dutcli, 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 Stirling. On this representation they were convinced, 
 «' and desisted." — (Savagc^s WintlLrop'n Neio England, vol. ii. p. SI.) 
 
 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 Massachuset-Bay, erected themselves into a civil go- 
 " vernment." — (Neal's New England, p. 189.) 
 
 Li 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 ISIarch l6'Gl<, 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, beginning att a certain place, called 
 •' or knoicne by the name of St Croix, next adjoining to New Scotland, in America, 
 •' and from thence extending along the sea-coast unto a certain place called Petnaquine 
 " or Pemaquid, and so up the river thereof to the furthest head of the same as it tend- 
 " eth northwards, and extending from tlience to the river of Kenebeque, and so up- 
 " wards by the shortest course to the river Canada northwards ; and also, all that 
 " island or islands commonly called by the severall name or names of Meitowacks or Long 
 " Island, situate, lying and being towards the west of Cupe Codd and the Narrhagh- 
 " 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 severall islands called or knowne by the name of 
 *' Martin's (Martha's) Vineyards, and Nantukes, otherwise Nantnckett." 
 
 The tract of land lying between St Croix and the river Kencbcck, it has been seen, 
 was conveyed by the Plymouth Company to William, Earl of Stirling ; and from its be- 
 ing included in the patent from the King to the Duke of York, it might be inferred, 
 that the successors of the Earl h.ad bargained to dispose of their right or title to his 
 Royal Highness. It is not true, however, that the then Earl of Stirling, or his father, 
 Henry, the third Earl, did so, or that they ever divested themselves of the same; but
 
 •22 AN HISTORICAL VIEW 
 
 the inclusion of that tract in the patent to the Duke of York is to be attributed alto- 
 oether to the circumstances now to be related. 
 
 The Duke having a design to establish the province of New York, which before had 
 the name of Nova Belgia, 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 iGli, 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 Long Island in favour of the Duke of York, who would be better enabled to secure 
 and advance its prosperity ; and, 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.300 sterling /)er annum, 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 Kenebeck, 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 Royal 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, that these our letters-pattents, or the inrollment thereof, shall be good 
 " and effectuall in the law to all intents and purposes whatsoever, notwithstanding the 
 •' not reciting or mentioning of the premisses, or any part thereof, or the rneeths and 
 •' bounds thereof, or of any former or other letters-pattents or graunts heretofore made 
 " or graunted 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 17S3. 
 
 During the possession of Long Island by the Eai'ls of Stirling, they continued to
 
 OF LANDS IX MAINE, &c. 23 
 
 {Ti-ant patents for land to settlers. " In June l639, Forrest, (Farrett,) the agent of 
 " Earl Stirling, transferred a eonsiderable part of the eastern extremity of Long Island 
 " to Hovvel and his associates, (inhabitants of Conecticut,) with such powers of govern- 
 " ment as had been connnunicatcd to that nobleman by the Plymouth Company. New 
 " York Tapers. Plantation Office, Whitehall, vol. i. p. 1." ( Chalmcm' PulUical 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 1GG5, Colonel Nicolls, deputy-governor under the Duke of York, required 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 the governor. But 
 the inhabitants of South Hampton remonstrated against wliat had been required of 
 them, and represented to the new governor, Francis Lovelace, that they liad " 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 JVIassachusetts-Bay government for assis- 
 tance. An historian of America, ISIr Sullivan, observes, " All the eastern country was 
 " abandoned. The people could obtain no assistance from the ^lassachusetts-Bay 
 '* colony, because the jurisdiction of tliat government over them was denied by those 
 " who contended to hold it under the Duke of Y^ork, and part of the country which was 
 " east of Penobscot was said to be under the jurisdiction of the Earl of Stirling." 
 ( Histonj of Mabie, 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 l6yi. 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 " of 
 " any lands lying or extending from the river of Sagadahock to the Gulf of St Lawrence 
 
 • Vide supra, page 7.
 
 24 AN HISTORICAL VIEW 
 
 " 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 ; 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, 
 11th October 1830, on an inquest made for that purpose.
 
 OF LANDS IN MAINE, &c. 25 
 
 CHAPTER VI r. 
 
 TERRITORY AND ISLANDS, CONVEYED BY LETTERS-PATENT, OF A PART OF MAINE AND OTHERS, 
 
 TO WILLIAM, F.ARL OF STIRLING. 
 
 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 Kencbekike of Kenebeck, 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 110 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 Mahanatocs or Manhattan, or York, Island, on which 
 stands New York, that formerly bore the name of Hew Amsterdam. 
 
 Gardiner's Island, to which the Indians gave the name of Manchuyiach, 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 Massachusetts. 
 It is sixteen miles long and eight broad. 
 
 The island of Nantucket, also near to the shore of ^lassachusetts, is fifteen miles long 
 and four broad. 
 
 Elizabeth Islands are formed by a row of islands about eighteen miles long. 
 
 * The larpe hay, too, which, and the river Restigoucbe, on tlie north of New Bruns-wirk, divide that pro- 
 vince and Gasp6 distiict, now commonly called tlie Bay de Chaleur, is distinguislied in the maps of 17G3, aod 
 prior thereto, by the name of Slirlhig Buy.
 
 APPENDIX. 
 
 No. I. 
 
 Letter from K'lns^ Charles I. to the Prir-nf Council of Scotland, anent Baronetis. 
 
 Charles R. 
 Right trustie and riglit vvcl-ljcloucd counscllour, riglit trustic and right wcl-beloued 
 cosens and counsellouris, and trustie and wcl-bcloiied counsellouris, ue greete you 
 WELL. Understanding that our late deare father, after due deliberatioun, for fur- 
 thering the plantatioun of New Scotland, and for sindrie other good consideratiounes, 
 did determine the creatting of Knight Baronetis thair ; and that a proclamatioun 
 wes maid at the mcrcat croce of Edinburgh, to gif notice of this his royall intentioun, 
 that those of the best sort knowing the same might haif tyme to begin first, and be 
 preferred unto otheris, or than want the said honnour in their awne default : And 
 understanding likewayes, that the tyme appointit by the Counsell for that purpois is 
 expyred, We being willing to accomplishe that whiche wes begun by our said deare 
 father, haif preferred some to be Knight Baronetis, and haif grantit unto thame sio^na- 
 touris of the said honnour, togither with thrie mylis in breadth and six in lenth of 
 landis within New Scotland, for their severall proportiounes : And now that the saidis 
 plantatiounes intendit thair, tending so much to tlie honnour and benefite of that our 
 kingdome, may be advanced with diligence, and that preparatiounes be maid in due 
 tyme for setting furthe 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 dignitie, bot may haif thame thair with 
 lesse trouble to themselifis and unto us. We haif sent a coinmissioun unto you for ac- 
 cepting surrenderis of landis, and for conferring the dignitie of Baronet upon suche 
 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 expede the 
 commissioun through the sealis with all diligence, and that you, and otheris of our 
 Privie Counsell thair, give all the luwfull assistance that you can convenientlie affoord 
 for accomplisheingthe said worke, whereby colonies sould be sett furthe ; and certihe 
 from us, that as we will respect thame the more who imbrace the said dignitie and 
 further the said plantatioun, so if ony Knight who is not Baronet prcsoome 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 pul)lict peace. 
 So recommending this earnestlic to your care, ^\'e bid you farewell, ll'indsore, the 
 19th ofJulij 1G2J. 
 
 (Public Records of Scotland, Edinburgh.)
 
 28 APPENDIX. 
 
 No. ir. 
 
 Litera pro creandis Baronettis. See p. 6. 
 
 Carolus Dei gratia Magne Britannic Francie et Hibernie Rex Fideique Defensor 
 Omnibus probis hominibus suis ad quos presentes litere 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 regioue 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 meliori adjumento et incremento nostre regalis resolutionis (que resolutio pro- 
 pagationem Christiane religionis verumque Dei cultum vice cecitatis et barbarismi pro- 
 portat quibus dicta loca perprius misere et totaliter infecta fuerunt) jam ereximus 
 quendam hereditarium gradum statum dignitatem nomen ordinem et stilum Baronetti 
 infra diet regnum Scotie et regionem Nove Scotie remansurum pro perpetuo quemqui- 
 dem gradum nos in hujusmodi nostros subditos dicti regni nostri Scotie jamjam collo- 
 cavimus ac postea coUocabimus 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 plantatione semetipsos conjungere vehementei' desiderabunt 
 nos etiam volen recipere et admittere eosd in diet ordinem et statum Baronetti tan- 
 quam argumentuni nostre gratiose acceptationis eorum inteutionum et resolutionum 
 secundum conditiones prefate plantatioiiis inchoate semper et donee plenus et consti- 
 tutus numerus centum et quinquaginta Baronettorum impleatur nee non consideran 
 quod tediosum et suniptuosum foiet pro eo negotio ad aulam nostram itei- 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 rainime necessaria pro diet negotio- 
 rum expeditione afferre possit nobis visum est quendam numerum nostri Secreti Con- 
 silii dicti regni nostri Scotie constituere ad quem omnes nostri subditi volen conjun- 
 gere semetipsos dicte plantationi dummodo sint honesto loco nati sufficien reditibus 
 nistructi venire et recipere possunt eand dignitatem et ereationem eorumque literas 
 patentes ob efFeetum predict semper et donee diet certus numerus constitutus diet cen- 
 tum et quinquaginta Baronettorum impleatur et ad hunc effectual nominavimus desig- 
 navimus fecimus et constituimus tenoreque presentium nomiuamus designamus facimus
 
 APPENDIX. , 29 
 
 No. II. 
 
 Commission by his Majesty to certain of the Privy Council of Scotland. 
 
 Charles, by the Grace of God, King of Great Britain, France and Ireland, and 
 Defender of the Faith, To all his good men to whom the present letters shall come, 
 Greeting. Know ye, whereas we, of our royal and sincere affection which we bear to 
 tlie 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 Menstric, 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 worship 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, within 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 wc will not always 
 be at leisure for expeding of resigiiations 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 in
 
 m APPENDIX. 
 
 et constituimus reverendissimum in Christo patrem Johannem Sancti Andree Archie- 
 piscopum predilcctum nostrum consiliarium Dominum Georgium Hay de Kinfaunis 
 Militem dicti rcgni nostri Scotie Cancellarium predilcctos nostros consiliarios Johan- 
 nem Comitem Marre dicti regni Thesauraiium Willielmum Comitem de Mortoun 
 Robertum Comitem de Nithisdaill Georgium Comitem de Wintoun Robertum Comi- 
 tem de Roxburgh Joliannem Comitem de Annandaiil Willielmum Vicecomitem de 
 Air reverendum in Christo patrem Patricium Episcopum Rossen predilectos nostros 
 consiliarios Dominos Archibaldum Naper de Merchinstoun Militem Thesaurarium-de- 
 putatum Georgium Elphingstoun de Blythiswod 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 etFectum subscript dan conceden et 
 committen prefatis nostris Commissionariis nostram plenam potestatem et commissio- 
 nem conveniendi hujusmodi temporibus diebus et locis prout iis visum fuerit et ibidem 
 audiendi petitiones diet nostrorum subditorum qui diet plantationem intendent et eand 
 amplecti volent ac conferendi 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 Commissionariorum per prefiit 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 concesse sunt cum hujusmodi privilegiis prerogativis immunitatibus libertatibus 
 aliisque quibuscunque concess et concedend per nos in cartis jam expeditis Baronettis 
 dicti regni gaudere et possidere hereditarie tanquam speciale signuni 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 teinpus datamque 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 sea 
 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 neque 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 heredes 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 suo- 
 rumve procuratorum et commissionariorum eorum potestatem (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 £t si placuerit diet
 
 APPENDIX. 31 
 
 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, llobert, Earl of Nithisdaill, George, Earl of Wintoun, Robert, Earl of 
 lloxburgh, John, Earl of Annandaill, William, Viscount of Ayr, the reverend father 
 in Christ, Patrick, Bishop of Ross, our well-beloved counsellors, Sir Archibald 
 Naper of Merchinstoun, Knight, Treasurer-depute, Sir George Elphingstoun of 
 Blythisvvod, Knight, our Justice-Clerk, Sir Alexander Straucliane of Thorntoun, 
 Knight Baronet, and Sir John Scott of Scottistarvet, Knight, Director of our Chan- 
 cery, all being of our Exche(]uer, 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 tlie 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 iufeftmcnts 
 under our great seal of our said kingdom of Scotland, to those to whom the said resi"-- 
 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 favour, 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 Sir 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 jiroduce before the said 
 Commissioners a testimonial subscribed of the said Sir M'illiam 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
 
 32 APPENDIX. 
 
 Domino Willielmo Alexander suis heredibus et assignatis vel eorum legitimis procura- 
 toribus eorum potestatera (ut dictum est) haben pro meliori incremento dicte planta- 
 tionis resignare et extradonare aliquas terras infra diet regionem Nove Scotie in nostris 
 nostrorumve successorum manibus in favorem alicujus persone seu aliquaruni persona- 
 rum pro novo earum infeofamento iis concedend vel de dicto titulo Baronetti in hoc 
 casu dannis et concedimus prefat Commissionariis potestatem diet resignationes recipi- 
 endi et desuper nova liereditaria infeofamenta de novo de eisd terris sic resignat conce- 
 dendi in et ad favorem diet personarum in quarum personarum favorem concipiuntur 
 et conceduntur per diet Dominum Willielmum Alexander suosque predict Tenend 
 de nobis et successoribus nostris cum simili modo tentionis ac cum hujusmodi privilegiis 
 ]ibertatibus et commoditatibus quibuscunque sicuti in literis paten diet Baronettorum 
 hactenus per nos concess continetur except solummodo gradu dignitate statu nomine 
 ordine titulo et stilo Baronetti Insuper volumus concedimus et ordinamus quod da- 
 bunt et concedent omnes hujusmodi literas paten et infeofamenta per diet Conimissio- 
 narios 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 seu Thesaurario-deputato diet regni nostri Scotie per eos eorumve aliquem 
 eo circa solvend Preterea nos consideran quod necessarium et expediens est pro de- 
 core et dignitate dicte regionis Nove Scotie quod eadem propria et particularia insig- 
 nia per nos constituend et concedend haberet oranique tempore futuro nostra speciali 
 gratia certa scientia proprio motu menteque deliberata declaravimus concessimus con- 
 stituimus et ordinavimus tenoreque presentium declaramus concedimus constituimus 
 et ordinamus hee insignia sequen insignia fore Nove Scotie viz Argentum lie Argent 
 antiqua insignia diet antiqui regni nostri Scotie in cruce cerulea vulgo nuncupat Saltiere 
 azure supportat per unicornem in latere dextro et sylvestrem in sinistro ac pro crista 
 ramum laureum et carduum e manu armata et nuda conjuncta proceden cum hoc elogio 
 jVluNiT HiEC ET ALTERA viNCiT ad candcm regionem et dominium Nove Scotie tan- 
 quam illius propria insignia pertinere et spectare Insuper nos dedimus et concessimus 
 tenoreque presentium damns et concedimus nostram plenam potestatem et commis- 
 sionem prefat Commissionariis alterandi et renovandi sigillum dicte regionis Nove 
 Scotie jamdudum prefato Domino Willielmo Alexander nostro in dicta regione et do- 
 minio Loeumtenenti dat et concess ac vel insculpi causandi in unolatere dicti sigilli 
 dicte regionis Nove 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 Willielnii Alexander suorumque 
 predict volunt et constituunt quod idem per nostros Commissionarios diet Domino 
 Willielmo Alexander suisque predict dabitur et concedetur per ipsum suosque heredes 
 et assignatos seu deputatos nostros nostrorumque successorum in eadem regione Nove 
 Scotie Locumtenentes fruend et possidend ad eifectum 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 faciend duxerint et hac presenti nostra commissione absque revocatione
 
 APPENDIX. no 
 
 the said Sir William Alexander, his heirs and assigns, or their lawful procurators, 
 havinjr their pouter (as said is) for the better advancement of the said plantation, to 
 resign and upgive any lands within the said country of Nova Scotia, in the hands of 
 us or our successors, in favour of any person or persons, for their new infeftment 
 thereof to be granted to them, or of the said title of Baronet, in that case we give 
 and grant to the said Commissioners power to receive the said resiirnations, and 
 thereupon to grant new heritable infeftments again of the said lands so resigned, to 
 and in favour of the said persons in whose favour they are conceived and granted 
 by the said Sir William Alexander and his foresaids ; To be holden of us and our 
 successors, with the like manner of holding, and with the like privileges, liberties, 
 and commodities whatsoever as are contained in the letters patent of the said 
 Baronets already granted by us, except only the degree, dignity, state, name, order, 
 title, and style of Baronet. Moreover, we will, grant, and ordain, that they shall 
 pass and grant all such letters patent and inrcftments which shall be granted bv the 
 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 pecuniary composition to be paid therefor to our treasurer, or treasurer-depute, 
 of our said kingdom of Scotland, by them or any of them. Further, we, considering 
 that it is necessary and expedient, for the honour and dignity of the said country of 
 Nova Scotia, that it should have proper and particular arms, to be appointed 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, a|)point, and ordain these insignia to be the 
 arms of Nova Scotia, as follows, namely : Argent, the ancient arms of our said 
 ancient kingdom of Scotland, on a blue cross, commonly called a saltier azure, to be 
 supported 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, jmumt hckc et altera vincit, 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 and grant, our 
 full power and commission to the said Conunissioners 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 imj)ression thereupon as shall seem 
 expedient to the said Sir William Alexander and his foresaids, and that the said 
 seal, so renewed and altered in sticli form and manner as our said Conunissioners, 
 with advice of the said Sir William Alexander and his foresaids, will and appoint, 
 shall be given and granted by our Commissioners to the said Sir William Alexander 
 and his foresaids, to be enjoyed and possessed by him and his heirs, and assigns or 
 deputies, being our and our successors' lieutenants in the said country of Nova 
 Scotia, to the effect mentioned and contained in their infeftment of the said lands, 
 bounds, and country of Nova Scotia granted to them : Firm and stable holding, and 
 To hold, all and whatsoever our said Couimissioners righteously load to be done in 
 
 E
 
 Bi APPENDIX. 
 
 semper et donee completus numerus diet. Baronettorum iinpleatur diiratura. In 
 cujus rei testimonium presentibiis magnum sigillum nostrum apponi precepimus 
 apud Hali/rud hous, vigesimo quinto die mensis Julis, anno Domini millesimo 
 sexcentesimo vigesimo sexto, et anno regni nostri secundo. 
 
 Per signaturam signo. S D. N. Regnis supra signatam ac manibus quorund 
 Dominorum Secreti Consilii Commissionariorum subscriptam. 
 
 (Public Records of Scotland, Edinburgh.)
 
 APPENDIX. 35 
 
 tlic premises or tlicreaneiit ; and this our present Commission to endure without 
 revocation, ay, and until the complete number of the said Baronets be fulfilled. 
 In witness whereof we have directed our Cireat Seal to be affixed to these 
 ])resents at Holyrood House, the twenty-fifth day of July, in the year of our 
 Lord, one thousand six hundred and twenty-six, and of our reign the second year. 
 
 liy signature above ntiarked with the sign of our Sovereign I.,ord the King, 
 and subscribed with the hands of certain of the Lords Commissioners of 
 the I'rivy Council. 
 
 No. III. 
 
 Warrant to t/te Baronets to wear a Cognizance or Badge. 
 
 CiiAKLES R. Right trustie and right well-bcloued cousin and counsellour, 
 right trustie and well-beloued cousins and counsellouris, and right trustie 
 and well-beloued counsellouris, We geeete you avell. Whereas, upon 
 good consideration, and for the better advancement of the plantatioun of 
 New Scotland, which may much import the good of our service, and the 
 honour and benefite of that our auncient kingdonie, our royall father did 
 intend, and w^ee have since erected the order and title of Barronet in our said 
 auncient kingdome, which wee have since established, and conferred the same 
 upon diverse gentlemen of good qualitie : And seeing our trustie and well- 
 l)eloued counsellour, Sir William ^Vlexander, Knight, our Prlncipall Sccretarie of 
 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 discoverie 
 thereof, hath now in end settled a colonic there, where his sone Sir \Villiam is 
 now resident : ^Vnd wee being most willing to afford all possible uieanes of 
 encouragement that convenientlie wee can to the Barronets of that our auncient 
 kingdome, for the furtherance of so good a workc, and to the effect they may be 
 honoiu-cd, and have place in all respects according to their patents from ws, wee 
 have been pleased to authorize and allow, as by these presents for ws and our 
 successouris, wee authorize and allow the said Lieutenant ;iiid Barronets, and 
 euerie one of them, and their heircs-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 inscutcheon of the amies of Scotland, 
 with ane imperiall crowne aboue the scutcheon, and encercled with this motto. 
 Fax Mentis IIoxESTiE (ii.ouiA ; which cognoissance our said present Lieuten- 
 ant shall delyver now to them from ws, that they may be the better knowen and 
 distinguislied from otiier persounis. And that none pretend ignorance of the 
 respect due unto them. Ouii rT.EAsruE thekeeoke is, that by open proclamatioun 
 at the marcat croces of Edinburgh, and all other head brughs of our kingdome, 
 and such other places as you shall tliinkc necessar, you cause intimate our rovalt 
 pleasure and intentioun herein to all our subjects: And if any persoun. out of
 
 36 APPENDIX. 
 
 neglect or contempt, shall presume to tak place or precedence of the said Barronets, 
 their wyffes or children, which is due unto them by their patents, or to weare . 
 their cognoissance, Wee wii.i,, that upon notice thereof given to you, you cause 
 punishe such offenderis, by fyning and imprisoning them as you shall thinke 
 fitting, that otheris may be terrified from attempting the like : And wee ordaine. 
 that from time to time, as occasioun of granting and renewing their patents or 
 their lieires succeiding to the said dignity shall offer, that the said power to them 
 to carie the said ribban and cognoissance, shalbe therein particularlie granted and 
 insert : And wee likewise ordaine these presents to be insert and registrat in 
 the books of our Counsell and Exchequer, and that you cause registrat the same 
 in the books of the Lyon King at Armes and Heraulds, there to remain ad 
 fulurain rei memoriam, and that all parties having interesse may have authcntik 
 copies and extracts tliereof ; and for your so doing, these our letters shalbe unto 
 you, and euerie one of you from time to time, your sufficient warrant and discharge 
 in that behalffe. Given at our court of WhythalU the 17th of November, 1629- 
 To our right trustie and right well-beloued cousin and counsellour ; to our 
 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 Earle of Monteith, 
 the President, and to the remanent Earls, Lords, and otheris of our Privie 
 Counsell of our said kingdome. 
 
 ( Public Records of Scotland, [Edinburgh. ) 
 
 No. IV. 
 
 y^cts of Convention q/'Entates. See p. "3. 
 
 Aj)iid Holijrood House, ultimo die mensis Julii 1650. 
 The estates presentlie convened all in one voice, ratifies, allows, approves, and 
 confirms the dignitie and order of Knights Baronets, erected by his ilajestie, and 
 his late dear father of blessed meinorie, and conferred by them upon sundrie 
 gentlemen of good qualitie, for their better encouragement and retribution of 
 tlieir undertakings in the plantation of New Scotland, with all the acts of secret 
 council and proclamations following thereupon, made for maintaining of the said 
 dignitie, place, and precedence due thereto, to continue and stand in force in all 
 time coming ; and that intimation be made hereof to all his IMajestie's lieges, by 
 open proclamation at the mercat cross of Edinburgh, and other places needful. 
 
 The estates presentlie convened having dulie considered the benefit arising to 
 this kingdom by the accession of New Scotland, and the successful plantation 
 already made there by the gentlemen 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 William Alexander of JNIenstrie, Knight, his IMajesty's 
 Secretarie annexed to the Crown, therefore the said estates, all in one voice, has
 
 APPENDIX. ;37 
 
 concluded and agreed that his Majestic- siiall be petitioned to maintain his right 
 .of New Scotland, and to protect his subjects, undertakers of the said plantation, in 
 tlie peaceable possession of the same, as being a purpose liighlie concerning his 
 Majestie's honour, and the good and credit of this his ancient kingdom. 
 
 (Acts of Parliament. J 
 
 No. V. 
 
 Letter from King Charles I. to the Lords of Council. See p. -l. 
 
 RuiiiT, <Scc. Seeing we have seen, by a letter from you, the order of Baronets 
 erected by our late dear father and us, for furthering the plantation of New 
 Scotland, was approved by the whole estates of our kingdom at the last 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 work is begun. Our right trustie and well beloved Counsellor, Sir 
 William Alexander, our Lieutenant there, having fullie performed what was 
 expected from him, for the benefit which was intended for him, by (the creation 
 of) these Baronets, being very desirous that he should not suffer therein, but that 
 he and others may be encouraged to prosecute the good beginning that is made, 
 as we hcartilie think all such as have contribute their aid by contracting with him 
 for advancing of the said work alrcadie. 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 be best brought to perfection ; for we are so far 
 (whatsoever controversie be about it) from (putting 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 Baronets any way be prejudged in the 
 honour and privileges contained in their patents, by punishing of all that dare 
 presume to wrong them therein, that others may be encouraged to take the like 
 course, as the more acceptable unto us, and the nearer to a title of nohilitie, wliere- 
 unto that of Baronet is the next degree : And, if the said Sir ^\"illiam, as our 
 Lieutenant of New Scotland, sliall convene the Baronets to consult toffether 
 concerning that plantation, we hereby authorize him. and will you co authorize 
 Viim, as far as is requisite for that effect, willing that proclamation be made of what 
 we have signified, or of what you shall determine for furthering that work, 
 whereof we recommend the care to you. as a matter importing s])eciallie our 
 honour and the good of that our ancient kingdom. 
 Gkeenwicii, \^th July, 1631. 
 
 {Advocates' Library, Edinburgh. — Earl of Stirling's Register of 
 Letters of King Charles I. ikc. M.S.)
 
 88 APPENDIX. 
 
 No. V' I. 
 
 Pro Rege Gallorum. See p. 4. 
 
 Cauolus, dei gratia Magne Britannie, Francie, et Hibernie, Rex, fideique defensor 
 &c. Omnibus hasce visnris Salutem. Quandoquidem omnino justum cquum et 
 boiuini judicamus, ut jam tandem pax et concordia luqier inter nos et llegeni 
 Christianissimum, fratrem nostrum charissimum, pristinum vigorem et effectum 
 recuperent, atque adeo omnes controversus et difticultates que hactenus sunt inde 
 intercalaria inter nostra regna et subditos mutuo redintegrata et perfecta recon- 
 ciliatione utrinque removeantur et aboleantur, in quem finem. nos, inter alias 
 conditiones ex nostra parte prestandas, consensimiis dt fectionem facere fortalicii sen 
 castri et inhabitationis Portus Regalis, vulgo Port Royal, in Nova Scotia, qui 
 flagrante adhuc bello vigore diplomatis seu commissionis sub regni Scotie Sigillo 
 pro derelicto captus et occupatus fuerit, et illud tamen sine ullo prejudicio juris aut 
 tituli nostri aut subditorum nostrum impostcrum : Nos promissorum atcjue verbi 
 nostri regii fidem quibuscunque contrariis rationibus et objectionibus hac super re 
 illatis aut inferendis anteferentes, hisce Uteris asserimus, et in verbo regis proniitti- 
 mus, nos precepturos curaturos et effecturos ut a nostris in dicto fbrtalicio sive 
 castro et habitatione Portus Regalis, vulgo Porif Royal, subsistentibus subditis suis, 
 seu milites presidialii sui seu coloni et incole ibidem morentur et habitent ; 
 immediate quam primum nostre jussionis litere, a deputatis vel commissariis qui 
 easdem a prefato nostrofratre charissimo Rege Christianissimo, eomandandi, habe- 
 bunt efFerendas, ipsis erant exhibite et perlecte, atque redeundi facultas data, dictum 
 castrum seu fortalicium et habitatio in Portu Regali durentur, deserentur, relin- 
 quantur, denique. arma, tormenta, commeatus, armenta, bona et utensilia, inde 
 asportentur. In cujus rei testimonium has literas nostras manu nostra et magno 
 regni nostri Scotie Sigillo signare et confirmare volumus, que dabantur ex palatio 
 nostro Grenovici, die 28 niensis .lulij, anno Domini 1631. et nostri regni septinio. 
 
 ( Earl of Stirling's Register.)
 
 APPENDIX. .39 
 
 No. \'I. 
 
 Letters Patent hy his Majestjj concerning the delivering up to the French King 
 q/' the fort and place of Port Royal in Nova Scotia. 
 
 Chari.es, by the Grace of God King of Great Britain, France, and Ireland, 
 Defender of the Faith, &:c. To all who these presents shall see, Cireeting. 
 Forasmuch as we judge it quite just, reasonable, and good, that now at length the 
 peace and agreement lately made between us and the most Christian King our 
 dearest brother may re-acquire its former strength and effect, and thus all con- 
 troversies and difficulties which have hitherto been interposed between our 
 respective kingdoms and subjects may be removed and j)ut 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 Royal, in Nova Scotia, which shall be taken and 
 occupied as relinquished, in virtue of a patent or commission, under the Seal of tiie 
 kingdom of Scotland, during the continuance of the late war, and that without 
 prejudice nevertheless to our rigiit 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 whatsoever, inferred or to be inferred, in respect to tliis 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 Koyal, or its garrison or colonists, and iidiabitants 
 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 power 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 aiid confirm 
 these our letters with our hand, and under the Great Seal of our Kingdom of 
 Scotland, which were given at our palace of Greenwich, the '28th day of July, in 
 fihe year of our Lord 1631, and of our reign the seventh.
 
 40 APPENDIX. 
 
 No. VII. 
 
 To the King's Most Excellent Majesty, the Humble Petition of Alexander, Earl of 
 
 Stirling, S<p. See p. 4. 
 
 Shkweth, — That his late Majesty. King Charles the First, by his royal letters 
 patent, bearing date sometime in or about the month of February, 1632, granted 
 unto the Lord Viscount of Stirling, the great-great-great-grandfather of your 
 petitioner, the sum of ten thousand poimds, in satisfaction of the losses that the 
 said Viscount had sustained by giving order for the removing of his colony, then 
 at Port-Royal in New Scotland, at the King's express command, ' for performing 
 ' of an article of the treatie betwixt the French and us,' that is, the said King- 
 Charles the First. 
 
 Tliat the said grant expressly stated, ' it is in no wise for quitting the title, 
 ' rights, or possession of New Scotland, or of any part thereof, but only for the 
 ' satisfaction of the losses' aforesaid. 
 
 That the said sum of ten thousand pounds has never been paid, but is still due 
 and owing, with the interest thereon, to your petitioner, Avho claims the same us 
 the heir and representative of the grantee, in and by virtue of the following 
 retours in the courts of Scotland, as therein duly recorded, — that is to say, he was 
 iirst retoured on the 7th February, 1826, by a jury, on their solemn oaths, the 
 nearest lawful heir male of the body of Hannah his mother, the last surviving 
 lieir female of Benjamin, her brother-german, last heir male of the body of the 
 first Earl of Stirling, his great-great-grandfather. 
 
 That on the 11th day of October, 1830, he, said petitioner, was in like manner 
 retoured nearest and lawful heir in general of the said first Earl of Stirling. 
 
 That on the 30th day of May, 1831, he, the petitioner, was in like manner 
 retoured nearest and lawful heir of tailzie and provision to the said first Earl of 
 Stirling; and 
 
 That on the 2d day of July, 1831, he, the petitioner, was served and retoured 
 nearest and lawful heir in special to the said first Earl 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 
 refer ; 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 Viscount of Stirling, which petition, by order dated 4th December, 1660, 
 was remitted by the King ' to the Right 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
 
 APPENDIX. 41 
 
 benefit of tlic first Karl's removal of liis colony, ^vllich was to be compensated in 
 maimer aforesaid. 
 
 That the sum now due for principal and interest, amounts to one hundred and 
 ten thousand pounds, computed without rests, and wliich sum your petitioner 
 now claims as of right justly (hie and owing to him as sucli representative r)f the 
 first grantee, as aforesaid. 
 
 In consideration of the premises, and of the great loss and injury that your 
 petitioner's ancestors liavc hitherto sustained by non-payment, and which 
 would now fall exclusively on your petitioner, he most humbly prays your 
 Majesty to take his case and claim into your royal and just consideration, 
 and direct payment to be forthwith made, to enable him to maintain his 
 own dignity and honours, and supply the wants of a numerous famil} . 
 And your petitioner shall ever pray. 
 
 (Signed) Stirling. 
 
 , November 21, 1832. 
 
 Petition of Colonel Blount, S^c. 
 
 To the Kings INIost Excellent JMajcstie, The Humble Petition of Col. John 
 Blount, the Lady ]\lary and Jane Alexanders, daughters of ye late Earle of 
 Sterline, 
 
 Sheweth, — That Willm. late Karle of Sterline, principall Secretary of Scotland, 
 having to his vast expence, and the wasting of his whole estate in Scotland, 
 planted a colony in Nova Scotia, and a peace being concluded betweene his late 
 Matie. of ever blessed memory, and the late French king, Xova Scotia Avas included 
 in ye articles of peace to be rendered to ye French, by which ye said Earle's whole 
 fortune there Avas lost, for reparacon whereof his late JNIatie. was graciously pleased 
 to thinke himselfe bound in ec|uity to relieve him, and grant his letters pattents 
 for ye reimbursment and ]Kiyment of £10.000, to him and his assignes. out of ye 
 Exchccp-. and all other the proHitts in Scotland whatsoever, that should first arise. 
 But ye warj-s ensuing there, and afterwards here, the said Earle and his son, fatlier 
 to yor petrs. ]\Iaiy and Jane, dyed before payment of ye said £ 10,000. and vor 
 petr. John marrycd Dame JMary Countesse of Sterline, and disbursed for lier 
 necessitys, and preservacon of her estate and her children, £ 2500. In tender 
 consideracon whereof, and for that ye said £ 10.000 is all the expectancie and 
 subsistence of yor petrs. Mary and Jane, and to reimburse yor petr. .lohn. who 
 faithfully served his late Matie. and yor Matie. ever since ve first wane in Scot- 
 land, and comanded yor JMatics. owne regiment of horse, That yor Matie. will 
 be graciously pleased to grant your letters pattents for the satisfaction of the said 
 £10,000. in proportion to yor petrs. out oi yor Alatics. receipts in Scotland, or 
 otlier wayes, as yor Matie. shall thhike fitt. And yor petrs. shall ever prav. \c. 
 
 F
 
 42 APPENDIX. 
 
 Whitehall, 4 December, 1660. 
 His Matie. being sensible of the petrs. condition and suft'erinos, is gratiously 
 inclined to releiv them, and is pleased to refer their case to the lliglit Honoble. 
 the Lord Chamberlane of his IMatie. Hous, that he may consider of their preten- 
 tions in equity to Nova Scotia, and to report Avhat he conceavcs fit to be done 
 therein, whereupon his INIatie will declare his furtlier pleasure. 
 
 (Signed) Lauderdaill. 
 
 (State Paper Office, Westminster.) 
 
 Letter from the Honourable James Stewart, Assistant Secretary of the Treasury. 
 
 JNIy Lord, — The Lords Commissioners of his IVIajesty's Treasury having had 
 under their consideration your Lordship's memorial, praying to be paid the sum 
 of £ 30,000, 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) .1. Stewart. 
 
 Treasury Chambers, 13th Feb. 1833. 
 The Earl of Stirling. 
 
 Letter to the Lords Commissioners of the Treasury. 
 
 iMy Lords, — I am informed by INlr Stewart, 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 fiunily, 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 Crown. 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 King's gain ; not intended, 
 perhaps, at an early period, but eventually become so. Can his JNIajesty 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, it 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. 43 
 
 does not apply to the King, as your Lordships well know ; nor would a similar 
 policy be 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 cc|ually bound to all contracts that were 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 ? ]Jy 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 Lords, I request 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. 
 I have the honour to be. &c. (Signed) Srini.iXG. 
 
 loth February/, 1833. 
 
 Letter from Mr Stew.\iit. 
 
 My Loud, — I am commanded by the Lords Commissioners of his Majesty's 
 Treasury to acquaint your Lordship, in answer to your letter of the loth ult., 
 that Government cannot entertain any claim of the nature ])referrcd by you after 
 a period of two hundred years. — I am, my Lord, your Lordship's obedient servant. 
 
 (Signed) J. Stewart. 
 Treasury Ckambera, 26th March, 1833. 
 The Earl of Stirijxg. 
 
 Letter to the Lords Cofnmissioners of the Treasury. 
 
 My Lords. — In the absence of any other reason being assigned for rejecting the 
 prayer of my 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 move confirmed in this conclusion from having referred your 
 Lordships to the legitimate sources for verifying the payment, had it ever been 
 made. I stand, then, my Lords, on the clear ground of proving to your Lordships 
 the value of my ancestor's sacrifices, in respect whereof the sum of ten thousand 
 pounds was to have been, but never has been, paid. The Crown 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 noAv myself, the 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 tifect, increases the injury to me, while it equally, 
 and, in truth, in a great degree, increases the advantage to the Crown. >Iy Lords, 
 this is so subversive of all the principles of moral and legal obligation, and of 
 reciprocal duties, that I c-mnot bring my mind to the admission of its being your 
 Lordships' meaning, but that the rejection of my claim must be foimded on some
 
 U 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 your Lordships not to press that farther which any 
 such usage, statute, or law repels. My 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 ri<>ht, that the most powerful monarch on earth should benefit by the destruction 
 of any property 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 ))roved 
 fact on which I 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 
 vour Lordships will honour me with a letter, and not drive me to an appeal to a 
 more extended and efficient tribunal. — I have the honour to be, &c. 
 
 (Signed) Stirling. 
 9th ^pril, 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 was of longstanding, does 
 certainly afford no satisfaction to the injured party. If any doubt of the facts 
 relative to it existed, and required to be removed ere your Lordships could admit 
 and pay the amount, I should be prepared to remove that doubt. In truth, I 
 have referred to the channels through which that may be done most satisfactorily. 
 The facts are in evidence under your Lordships' own power 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 interest 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. 45 
 
 tion, T am fully prepared to meet that objection, and to meet it in the true spirit 
 of conciliation. I am prepared to give up to the public a part, as a penalty ior 
 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 reply deemed requisite, 
 but such as I last received ? If tliere be no reason assigned, no rule or usage 
 referred to and shewn for justification of so chilling and unsatisfactory an answer, 
 I must, as a last resort, endeavour to bring my claim before a more liberal and 
 considerate tribunal. — T have the honour to be, iScc. 
 
 (Signed) Stiri.inc;. 
 
 47, Bryanston Square, 'id July, 1833. 
 
 Letter from Mr Steiiart. 
 
 My Lord, — I am commanded by the Lords Commissioners of his Majesty's 
 Treasury to acquaint your Lordship, that they can only reply to your letters of 
 the 9th April and 2d instant, by referring you to tlie answers already given to 
 your Lordship's applications. — I am, my Lord, your Lordship's most obedt. servt. 
 
 (Signed) .J. Stewakt. 
 
 Treasury Chambers, ^3d July, 1833. 
 The Earl of Stirling. 
 
 No. VIII. 
 
 2 reai)/ of St Germain, 29tk 31arc//, 1632. See p. 5. 
 
 Traitc, cVc. Art. 3. De la part de sa Majeste de la Grande Bretagne Icdit Sieur 
 Ambassadeur en vertu du pouvoir tju'il a, lequel sera insere a la fin de ces 
 presentes, a promis et promet pour et au nom de sadite Majeste de rendre et 
 restituer tous les lieux occupees en la Nonvclle France, la Cadie, et Canada, par 
 les sujets de sa Majeste do la Gi-and Rrctagnc, iceux faire retircr dosdits licux : 
 Et pour cet effet, ledit Sieur Ambassadeur dclivrera, lors de la j)assation et si<>na- 
 ture des presentes, aux Commissaires du Roi tr^s Chretien, en bonne forme, Ic 
 pouvoir qu'il a de sa Majeste de la Grande Bretagne pour la restitution desdits 
 lieux, ensemble les commandemens de sadite INIajestd a tous ccux qui commandent 
 dans le Port Roial, Fort de Guebec, et Cap Breton, pour etre Icsdites places et 
 Fort rendus et remis es mains de ceux qu'il plaira a sa Majeste tr^s Chretiemie 
 ordonner, 6iC.
 
 46 APPENDIX. 
 
 No. IX. 
 
 Letter from King Charles I. to the Lord Advocate. See p. 5. 
 
 TiiusTiE, &c. Whereas, upon the late treatie betwixt Us and the French King, 
 we were pleased to condescend, that the colonie Mdiich was latelie planted at 
 Port Royal, in New Scotland, should be for the present removed from thence, and 
 have accorclinglie given order to onr right trustie the Viscount of Stirling, our 
 principal Secretaiie for Scotland ; although, by all our several orders and erections 
 concerninp- that business, we have ever expressed that we have no intention to 
 quit our right and title to any of these bounds, yet, in regard our meaning 
 perchance Avill not be sufRcientlie understood by those our loving subjects who 
 hereafter shall intend the advancement of that work, — for their satisfaction therein, 
 we do hereby require you to draw up a sufficient w^arrant for our hand, to pass 
 under 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 
 from us, in rerho 2>rincipis, that as we luwe 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 rcadie, by our gracious favour, to protect him, and all such as have, or 
 shall hereafter at any time concur with him for the advancement of the plantation 
 in these bounds 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 
 any such letters or orders from us. And for your so doing, &c. 
 
 Greenwich, \Uh Jimii, 1632. 
 
 {Earl of Stirling's Register.) 
 
 No. X. 
 
 Letter from his Majesty to the Baronets. See p. 5. 
 
 Trustie, he. Whereas our late dear father, out of his pious zeal for advancement 
 of relioion in 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 annex to the Crown thereof the dominion of New 
 Scotland, in America, that the use might arise to the benefit of that kingdom. 
 We, being desirous that the wished effects might follow by the continuance of 
 so noble a design, were pleased to confer particular marks of our favour upon
 
 APPENDIX. 47 
 
 such as should vohmtarilie contribute to the furtherance of a plantation to be 
 established in these bounds, as a])|)eared by our erecting- of that order of Baronets 
 wherewith you are dignified ; whereunto we have ever since been willing to add 
 what further Ave conceived to be necessarie for the testifying our respect to those 
 that are alreadie interested, and for encouraging of them who shall hereafter 
 interest themselves in the advancement of a work which wesoreallie consider for 
 the glorie of God, the honour of that nation, and the benefit that is likclie to flow 
 from the right prosecution of it. But in regard that, notwitlistanding the care 
 and diligence of our right trustic the V^iscount of Stirling, whom we have from 
 the begimiing entrusted will) the prosecution of this work, and of tlie great charges 
 alreadie bestowed upon it, it hath not taken the root which Avas expected, ])artlie, 
 as we conceive, by reason of the incommodities ordinarilie incident to all new 
 and remote beginnings, and partlie, as we are informed, by want of the timelie 
 concurrence of a suflicient number to assist in it, but espcciallie the colonic being 
 forced of late to remove for a time, by means of a treatie we liave had with the 
 French : Therefore have taken into our royal consideration, by ^\■\\at 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 honoiu'able and generous Avay, we have thought fit to direct 
 the bearer hereof. Sir William Alexander, Knight, unto you, who halh 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 i)lantation and trade in 
 these bounds, for encouraging such as shall adventure therein ; and, we doubt not, 
 but if you find the grounds reasonable and fair, you will give your concurrence 
 for the further prosecution of them : ^Vnd as Ave have alreadie gi\'en order to our 
 Advocate for draAving such Avarrants to pass under oiu* seals there, Avhereby our 
 loAdng subjects may be freed from all misconstruction of our proceedings Avith the 
 French anent Ncav Scotland, and secured of our protection in time coming in 
 their undertakings into it, so Ave shall be readic to contribute Avhat we shall here- 
 after find avc may justlie do for the adA'ancement of the Avork, and the encourage- 
 ment of all that shall join Avitli them to that i)urpose. Which reconunending unto 
 your care, Ave bid you farewell. Beaulie, 1.5th August, 1632. 
 
 (Earl of Stirling s Register.)
 
 48 APPENDIX. 
 
 No. XI. 
 
 Ratification in favour of the Viscount of Stirling of the iifeftments and signature 
 granted to him of the dominions of New Scotland and Canada in America, and 
 privileges therein contained, and of the dignity and order of Knight Baronets ; 
 and Act of Convention of Estates made thereanetit. See p. 5. 
 
 Our Soveraigne Lord and Estates of this present Parliament, ratifie and approve 
 all letters patents and infeltments granted by King James the Sixth, of blessed 
 memory, or by our said Soveraigne Lord, to William Viscount of Sterling, and to 
 his heires and assigneis, of the territories and dominions of New Scotland, and 
 Canada in America ; and especially the patent charter and infeftment granted by 
 his Majestie's umwhile dearest father, of worthie memorie, of New Scotland, of 
 the tenth day of September, the year of God 1631 : Item, another charter of the 
 same, granted by his INIajestie under the great scale, of the date the twelfth day 
 of July, 1625 yeares : Item, another charter and infeftment granted by his 
 Majestic of the countrey and dominion of New Scotland, under the great scale, of 
 the date the third day of May, 1627 yeares : Item, another charter and infeft- 
 ment granted by his JNIajestie, under the great scale, of the river and gulf of 
 Canada, bounds and priviledges thereof mentioned in the said patent, of the date 
 the second day of Februarie, 1628 years: Item, a signature past under his 
 Majestie's hand of the said eountrie and dominion, which is to be Avith all diligence 
 expede through the seals, of the date at Whitehall, the twen tie-fourth day of April, 
 1633 yeai-es : With all liberties, priviledges, honours, jurisdictions, and dignities 
 respective therein mentioned ; together with all execution, precepts, instruments 
 of seasings, and seasings following, or that shall happen to follow thereupon. And 
 also ratifies and approves the act of general convention of estates at Holy-rude- 
 house, the sixth day oi July, the year of God 1630, whereby the saids estates have 
 ratified and approved the dignities and order of Knight Baronet, with all the acts 
 of Secret Council and proclamations following thereupon, made for the maintaining 
 of the said dignitie, place, and precedencie thereof. 
 
 And his INIajestie and Estates aforesaid will statute and ordaine that the said 
 letters patents, charters, and infeltments, and the said dignitie, title, and order of 
 Barronets, and all letters patents 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 : And in als ample manner, as if the bodies of the said letters patents, 
 infeftments, and signature above-mentioned, were herein particularly ingrost and
 
 APPENDIX. 49 
 
 exprest. And ordaine intimation to be made hereof by open proclamation to all 
 his Majesties's lieges at the market crosse o^ Edinbtirglb, and olher p!acx-s needful, 
 that none pretend ignorance hereof. 
 
 {Acts of Parliament.) 
 
 P. Acte No. 28. made in the Parliament held by King Charles the First (in 
 'person) at Edinburgh, the tweniie eight day of June, Anno Domini one 
 thousand sis hundred and thirty three. 
 
 No. XI r. 
 
 ^4ct of Council. See p. 5. 
 
 Apud Edinburgh, loth February, lG.3i. 
 Sederunt, Chancellor, Treasurer, Privie Seal, Marishall, Roxburgh, Annandaill, 
 LauderdaiU, Southesk, L. Areskine, Clerk Register, Advocat. 
 
 FoRSAiNiEiKLE as his Majestie's late dear father of blessed memorie, for the honour 
 of this his ancient kingdom of Scotland, did grant the first patent of Xew Scotland 
 to his Majestie's right traist cousin and counsellor, William Eric of Sterline, and 
 was willing to confer the title of Knight Baronet upon such of his well-cleservin<T 
 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 T^ords of Privie Council for 
 that purpose : And his Majestic understanding perfectlie that the said Krle 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 Majestie's connnanding the said Erie to remove 
 his colonie from Port Royal, for fulfilling of ane article of the treatie betwixt his 
 Majestie 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 JMajestie had totallie lost his purpose to plant in that 
 countrie, as having surrendered his right thereof: And therefore, lest anie farther 
 mistaking should arise thereupon, his Majestie has thought good lierebv to clear 
 his intention thereui, which is, that the said Erie, with all such as shall afiventure 
 with him, shall prosecute the said work, and be encouraged by all lawful helps 
 thereunto, as well by completing the intended number of Baronets, as otherwavs : 
 And whereas some of the subjects of the kingdom of England and Ireland, of 
 good qualitie, who, having taken land in Xew Scotland liolden of his ^lajcstie. did 
 accept of the said dignitie there, and were obliged to contribute as much toward 
 the said plantation as anie others in that kind, were put to greater charges at the 
 jjassing of their rights than the natives of this kingdom were at in the like cases : 
 Therciore his ^lajestie has thought meet hereby to declare his royall will and 
 
 G
 
 50 
 
 APPENDIX. 
 
 pleasure, that whensoever anie of his IMajestie's subjects of qualltie fit for that 
 dignitie, within the kingdom of England or Ireland, having taken land holden of 
 his Majestie in New Scotland, and having agreed with the said Erie for part of a 
 supplie towards the said plantation, and that it is signified so by him to the said 
 Ijords of Privie Council, that, till the number of Baronets formerlie condescended 
 upon be complete, the said Lords shall accept of them, and give order that their 
 patents be passed at as easie a rate as if they were natural born subjects of this 
 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. 
 
 {Registrum Secreti Concilij.) 
 
 No. XIII. 
 
 ROLL OF BARONETS OF NOVA SCOTIA, 
 
 who had teri'itorial grants, on the surrender of Sir TVilliam 
 Stirling, the Patentee of that province. See 
 1625. 
 May 28, 
 
 Sir Robert Gordon, of Gordon, 
 
 Sir Alexander Strachan, of Strachan, 
 
 Sir William Keidi, Earl Marischal, 
 
 Sir Duncan Campbell, of Glenurchay Campbell, 
 
 Sir Robert Innes, of New Ini;es, 
 
 Sir John Wemyss, of New Wemyss, 
 
 Sir David Livingston, of Duiiipace Livingston, 
 
 Sir Willian? Douglas, of Douglas, 
 
 Sir Donald Macdonald, of Macdonald, 
 
 Sir Richard Murray, of Cockpool, 
 
 Sir John Colquhoun, of Colquhoun, 
 
 Sir Alexander Gordon, of New Cluny, 
 
 1 , Sir John Lesly, of Lesly, 
 
 2, Sir James Gordon, of New Lismore, 
 September 3, Sir Gilbert Ramsay, of Ramsay, 
 November 1 7, Sir George Forrester, of Corstorphine, 
 Decsmber 28, Sir Erskine, 
 
 Sir William Graham, of Braco, 
 
 Sir Patrick Hume, of Polwarth. 
 1626. 
 March 30, Sir William Forbes, of Forbes, 
 March 31, Sir George Johnston, of Johnston. 
 April 21, Sir Thomas Burnett, of Leys Burnett, 
 
 April 22, Sir John Moncreiff, of MoncreifP, 
 
 April 24, Sir George Ogilvie, of New Carnousie, 
 
 May 1, Sir Robert Gordon, of Lochinvar. 
 
 May 29, 
 
 May 30, 
 
 July 14, 
 July 19, 
 August 30, 
 August 31 
 September 
 September 
 
 Alexander, Earl of 
 p. 6. 
 
 Nova Scotia. 
 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.
 
 APPENDIX. 
 
 rA 
 
 •Tune 1, Sir William Murray, of Murray, 
 
 July 18, Sir Jolui Blackaddcr, of Blackadilcr, 
 
 Sejjtcniber 29, Sir John Ogilvy, of Ogilvy Innerquliarity, 
 
 lfi27. 
 March 18, Sir Donald Mackay, of Ileay, 
 March 28, Sir James Maxwell, of Mauldslie, 
 
 Sir James Stuart, of Bute. 
 April 1 8, Sir James Stewart, of Corsewall, 
 
 May 2, Sir Archibald Napier, of Napier, 
 
 June 25, Sir John Livingston, of Kinnaird, 
 
 July 4, Sir William Cunningham, of Cunningham 
 
 July 1 7, Sir James Carmichacl, of Carmichael, 
 
 July 19, Sir James M'Gill, of M'Gill, 
 
 July 20, Sir James Ogilvy, of Banff Ogilvy, 
 
 October 18, Sir Samuel Johnston, of New Elphinstone 
 November 21, Sir William Cockburn, of Cockburn, 
 December 13, Sir Colin Campbell, of Limdie Campbell, 
 
 Sir James Campbell, of Aberuchill, 
 1628. 
 January 1, Sir Archibald Achcson, of Monteagle, 
 January 10, Sir Sandilands, 
 
 Sir Robert Montgcmierie, of New Skelmorly, 
 January 12, Sir James Haliburton, of Pitcur, 
 
 Sir Dougald Campbell, of New Auchinbreck, 
 January 14, Sir Donald Campbell, of New Ardnamurclian, 
 February 19, Sir Thomas Hope, of Craighall, 
 February 22, Sir James Skene of Curriehill, 
 
 Sir John Preston, of Preston Airdrie, 
 
 Sir Alexander Clibson, of Durie, 
 May 14, Sir John Crawford, of Kilbirn}', 
 
 Sir John Riddell, of New Riddell, 
 May l."), Sir Archibald iMurray, of Blackbarony, 
 
 May 16, Sir Patrick Murray, of Elibank Murray, 
 
 May 21, Sir Cadell, 
 
 Sir John INIackenzie, of Tarbat, 
 June 20, Sir William Elphinstone, of New Glasgow, 
 
 September 29, Sir Robert Barr, 
 
 Sir Arthur Forbes, of Castle Forbes, (Longford,) 
 
 Sir Francis Haniiltoii, of Killach, (Down,) 
 October 2, Sir Andrew Stewart, Lord Castlestewart, (Tyrone; 
 
 Sir Edward Barret, Lord Ncwburgh, 
 1G29. 
 June 26, Sii William Bruce, of Stenhouse, 
 
 Sir John Nicolson, of Lasswadc, 
 
 Sir Michael Arnot, of Arnot, 
 June 28, Sir James Oliphant, of Oliphant, 
 
 Sir Patrick Agnew, ol' Agnew, 
 
 Sir William Keilh, of Ludquhairii, 
 November 30, Sir Claude St Estienne, Seigneur de la Tour, 
 
 New Brunswick. 
 
 Anticosti. 
 
 New Bruns«'ick. 
 
 Anticosti. 
 
 New Brunswick. 
 
 New Brunswick. 
 
 New Brunswick. 
 
 Anticosti. 
 
 Anticosti. 
 
 Nova Scotia. 
 
 Anticosti. 
 
 New Brunswick. 
 
 New Brunswick. 
 
 New Brunswick. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 New Brunswick. 
 
 New Brunswick. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 .Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 New Brunswick. 
 
 Nova Scotia. 
 
 No\a Scotia. 
 
 Nova Scotia. 
 
 Nova Scotia. 
 
 New Brunswick. 
 
 New Brunswick^ 
 -Vnticosti. 
 Anticosti. 
 -Vnticosti. 
 Nova Scotiiu 
 Nova Scotia. 
 Nova Scotiiu
 
 32 
 
 APPENDIX. 
 
 1630. 
 March 31, 
 April 20, 
 April 24, 
 
 May 12, 
 
 July 24, 
 October 2, 
 November 13, 
 November 25, 
 
 1631. 
 March 5, 
 June 2, 
 June 18, 
 September 3, 
 
 1633. 
 December 22, 
 December 23, 
 
 16.34. 
 June 7, 
 
 16.35. 
 •lanuary 6, 
 June 8, 
 June 18, 
 June 29, 
 September 26, 
 December 10, 
 December 19, 
 
 1636. 
 February 17, 
 February 20, 
 June 17, 
 June 18, 
 
 November 21, 
 
 1637. 
 January 16, 
 March 13, 
 .July 31, 
 
 Sir Robert Hannay, of Moclirum, 
 
 Sir William Forbes, of New Craigievar, 
 
 Sir James Stewart, Lord Ochiltree, 
 
 Sir Peirs Crosbie, ..... 
 
 Sir Walter Crosbie, of Crosbie Park, (Wicklow,) 
 
 Sir Charles St Estienne, Seigneur de St Deniscourt, 
 
 Sir James Sibbald, of Rankeillor Sibbald, 
 
 Sir William Murray, of New Dunearn, 
 
 Sir Robert Richardson, of Pencaitland, . * 
 
 Sir John Maxwell, of Pollock, 
 
 Sir David Cuningham of New Robertland, 
 
 Sir Henry W^ardlaw, of Wardlaw, 
 Sir James Sinclair, of Cannisby, 
 Sir John Gordon, of New Embo, 
 Sir Lachlan Maclean, of Morvaren, 
 
 Sir James Balfour, of Denmiln, 
 
 Sir David Cuningham, of Aucliinharvie, 
 
 Sir Philibert Vernate, of Carleton, (Yorkshire,) . 
 
 Sir Henry Bingham, of Castlebar, (Mayo,) 
 
 Sir Hector Monro, of Foulis, .... 
 
 Sir Alexander Foulis, of Colinton, 
 
 Sir James Hamilton, of Hamilton, 
 
 Sir John Gascoigne, of Barnebow, (Yorkshire,) 
 
 Sir Walter Norton, of Chestone, (Suffolk,) 
 
 Sir Arthur Pilkington, of Stainlie, (Yorkshire,) 
 
 Sir Edward Widdrington, of Cairtington, (Northumberland,) 
 
 Sir James Hay, of Smithfield, .... 
 
 Dame Mary Bolles, of Cudworth, (Notts,) 
 
 Sir John Raney, of Rutam, (Kent,) 
 
 Sir John Fortescue, of Salden, (Bucks,) 
 Sir Thomas Thomson, of Dudingston 
 Sir John Browne, of Neale, (Maj'o, ) 
 Sir Edward More, of Longford, (Notts,) 
 Sir Alexander Abercromby, of Birkenbog, 
 Sir John Sinclair, of Stevenson, 
 Sir John Curzon, of Kedlestone, (Derbyshire, 
 Sir Gideon BaiUie, of Lochend, 
 
 Sir Thomas Nicolson, of Carnock, 
 Sir George Preston, of Valleyfield, 
 Sir Andrew Ker, of Greenhead, 
 
 New 
 
 Brunswick 
 
 New 
 
 Brunswick 
 
 New 
 
 Brunswick 
 
 New Brunswick 
 
 New 
 
 Brunswick 
 
 Nova 
 
 Scotia. 
 
 Anticosti. 
 
 New Brunswick 
 
 New Brunswick 
 
 Nova 
 
 Scotia. 
 
 Nova 
 
 Scotia. 
 
 Nova Scotia. 
 
 Anticosti. 
 
 Anticosti. 
 
 Anticosti. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton, 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton, 
 
 Cape 
 
 Breton. 
 
 Anticosti. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton, 
 
 Cape 
 
 Breton, 
 
 Cape 
 
 Breton. 
 
 Cape 
 
 Breton.
 
 APPENDIX. o3 
 
 No. XIV. 
 
 Assignation and Disposition hij William, Earl of Stirling, to Alexander Kynneir 
 
 and James Gordoun. See p. 6. 
 
 Ee it kend till all men be tiiir present letteris. ws, William, Erie of Stirling, 
 Viscount of Cannade, Lord Alexander of Tullibody and Menstrie, Secretar to his 
 Matie for the kingdome of Scotland. Forsameikle as we haive patentis "rantit 
 to ws be his ]Matie of Nova Scotia hi America, and for disponing and resigning of 
 certane proportions of land yairof, and procuring to sindrie persons the infeftmentis 
 of the samen fra his 31atie with the honour and dignitie of Knychtis Jiarronettis, 
 haive been in vse to gett fra every ane of the receavers yairof, the sowme of 
 
 money of this realmc, or yairby : And 
 siclyk, forsameikle as we haive obtenit fra his Matie be his Hienes letteris of "ift 
 to ws, our airis and assignayes, the gift of the mariage of Francis, now Erie of 
 Buckcleuch, sone and air to umqle Walter, Erie of Buckcleuch, his father, as 
 vacand in his ^laties handis in maner mentionatin the gift grantit to ws yairupon, 
 with the haill proff'eittis and commodities of the said mariage : And alse, forsa- 
 meikle as we haive power and commission grantit to ws be his 3Iatie, to admitt, 
 receive, nominat, and creat all shireff clerkis, stewart clerkis, and bailie clerkis 
 within the kingdome of Scotland, as the samen sail happin to fall and vaik in his 
 Maties handis, in maner mentionat hiten letteris of gift grantit to ws be his Matie 
 yairupon:* And in lyk maner, forsameikle as yair is ane contract and appoynt- 
 ment maid betwixt on the ane pairt. 
 
 and ws, the said William. Erie of Stirling, on the vther pairt, off the dait 
 
 be the quhilk contract, we, for the causes 
 yairin specifeit, haive bund and obleist us to infeft and sease the saidis 
 
 for yamesclfhs, and to the behove 
 of the remanent persons above nam it, for yair rclicff of yair cautionries, contenit 
 in the invcntar mentionat in the said contract, and payment of yair debtis yairin 
 specifeit, in all and sindrie the landis and baronyes of Tullibody, Menstrie, and 
 Tillicultrie, and vtheris particularlic and generallie mentionat and set doun in the 
 said contract ; and alse, be the said contract, we haive assignct, transfcrrit, and 
 disponet to and in favouris of the saidis 
 
 for yameselffis, and to the behove of the remanent persons contracteris aboue 
 namit, the gift grantit to avs, of the feu fermes, maills, and dewtics of the saidis 
 lands and barony of Tillicultrie, and of the landis of ^^'estertoun of Tillicultrie, 
 togidder with the fees and casualities of his ^Majesty's Signet belonging to ws, as 
 
 * Litera Domini Willielmi Alexander do 3Ienstrie ^lilitis, do Constitutione Clericorum infre 
 Vicecomitatus, &c. April 16, I6'28. 
 
 (No. 479. Paper liegister. Public Itecords of Scotlatid, Editihuroh.)
 
 54 APPENDIX. 
 
 his Maties Secretar of the said kingdome of Scotland, and that in forme and raaner, 
 and vnder the provisiones, restrictiones, and conditions mentionat in the said con- 
 tract ; be the quhilk contract, it is speciallie provydit and declarit, that the landis, 
 baronyes, and vtheris yairin specifeit, salbe redimable be ws fra the saidis 
 
 be releiving of thame and remanent 
 cautionaris yairin nominat of yair haill cautionries, contenit in the inventar yairin 
 specifeit, and be payment making to our creditouris nominat in the said inven- 
 taris of yair debtis yairin exprest auchtand be ws to tharae, with the haill annual- 
 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 renunce, resigne, and overgive the samen contract and appoynt- 
 ment, infeftmentis appoyntit to follow thairvpoun, in favouris of ws, our airis and 
 assignayes, as the said contract contening the said provisioun of reversioun and 
 condition foirsaid at mair lenth beiris. And seeing that Ave (by and attour the 
 burdingis and debtis contenit in the said inventar) stand trewlie adebtit and 
 restand awand to Mr Alexander Kynneir of Forret, and INlr James Gordoun, 
 Keipar of his Majestie's Signet, divers great sowmes of money, alswell anent the 
 copper coyne conforme to the contract past betwixt ws, vmqle William, Lord 
 Alexander, our sone and thame, as vtheris great sowmes of inoney adebtit be ws 
 to yameselffis ; and for quhilk they, at our earnest requeist and desyre, ar becum 
 bund and obleist as cautionaris and souerties for ws, for payment to our creditouris 
 nominat in the inventaris underwrittin off the said sowmes of money yairin 
 specifiet ; and halve alse advancit and payit to ws sindrie sowmes of money men- 
 tionat in the saidis inventaris eftirmentionat, conforme to the bandis and securities 
 yairin specifeit, quhilkis haill cautionries 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 hes relatioun to this present assignatioun and dispositioun ; 
 and we being most willing and cairfull as equitie and ressone wald that the 
 foirnamit personis, our cautionaris for the debtis contenit in the said inventar, be 
 thankfuUie releivit of yair cautionries, and the debtis yairin specifeit, payit to our 
 creditouris yairin nominat. Thairfor, witt ye ws to halve maid, constitut and 
 ordanit. lykas we be the tennor heirof, mak, constitut, and ordane the said ]\Ir 
 Alexander Kynneir and INIr James Gordoini 
 
 equallie betwixt yame, and proportionallie amongst yame, their airis and assig- 
 nayes, our very lawfuU, vndouttit, and irrevocable procuratouris, cessiouers, and 
 assignayes, donatouris, and procuratouris, m rem sua/// cum d'/spositione 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 Baronet fra 
 quhatsvmeiier persone, or persons ather in Scotland or Ingland ; and for admitting 
 and receaving off quhatsvmeuer persone or persons, to quhatsvmeuer shireff 
 clerkschip, Stewart elerkschip, 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 Buckcleuch ; and in and to the haill benefeit, proffeit. 
 and commoditie that may be receaved be vertew yairof; and alse in and to the
 
 APPENDIX. 55 
 
 provisioun and conditioun of rcvcrsioun, spccifcit and coiitenit in the said contract 
 above mcntionat, qidiairby tlic saidis landis and baronycs of Tullibody, Menstrie, 
 TillicLiltric, and vtheris yairin exprest are appoyntcd to be rediinable be ws in 
 maner yairin contcnit ; and in and to the haill clauses and conditions of the said 
 contract conccaved in our favouris, (excepting alwayesand rtservand as is exceptit 
 and reserved in the samen contract ;) and in and to all rycht and benefeit cooipe- 
 tent, 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 sanicn for ever, with power to thaine to ask, crave, receave, 
 intromet with, and vptak the haill compositions and sowmes of money to be 
 receaved for procuring of the said dignitie of Knyt Baronet fra quhatsvmeuer 
 persone or persons, ather in Scotland or Ingland ; and for admitting and receaving 
 of quhatsvmeuer persone or persons, to qubatsvnieuer shirctf clerkschip. Stewart 
 clerkschip, or bailie clerkschip, within the said kingdome of Scotland, togidder with 
 the haill protfeittis and commodities of the said Erie of IJuckclcuch, his manage 
 foirsaid, and to sute the benefeit of the reversione and vtheris conditions contcnit 
 in the said contract conccaved in our favouris, (excepting ahvayes 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 premissis quhilkis we micht haive done ourselffis befoir the making heirof. 
 Lykas, we bind and obleis ws, our airis and 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 honoiu- and dignitie of Knytis Baronettis, 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 shirctf clcrkschips, stewart clerkschijis, or bailie dcrk- 
 schips, within the said kingdome of Scotland, as the samen sail happin to vaik, and 
 to caus the saidis Mr Alexander Kynneir and Mr James Gordoun 
 
 and yair foirsaidis, to be thankfuUie ansuered 
 and payit of the sowmes of money and compositions to be receaved for the said 
 dignitie of Knytis Baronettis, and shireti' clerkschips, Stewart clerkschips, and 
 bailie clerkschips : Aud fardcr, we haive maid, constitut, and ordanit. anil be 
 the tennor heirof mak, constitut. and ordane the saidis Mr Alexander Kynneir, 
 and JNIr James Gordoun, 
 
 equallie and proportionallie amongst thame, thair 
 airis and assignayes, our verv lawfidl vndouttit and irrevocable ccssioneris. and 
 assignayes in and to the debtis anil 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 imiqlc Sir Richard Murray, of Cokpool. designed yairin Mr 
 Richard IMurray, datit 1(525, registrat 19th Xovcmber. 
 
 I6.'i2, contening thrie thowsand merkis Scottis principall, and 200 lib. expcnces, 
 with the ordinar annuelrent ; to ane vther band, maid to ws be Sir David Home
 
 56 APPENDIX. 
 
 of Wedderbiirne, datit 10 May, 1627, conteiiiiig thrie tliowsand nierkis Scottis 
 pvincipall, 300 merkis expeiices, with the ordiiiar annueh-ent ; to aiie vther band, 
 maid to ws be Robert Bruce, fear of Clakinannan, datit 26 October, 1625, con- 
 tening thrie thowsand merkis Scottis principal!, iiic. lib. expences ; to ane vther 
 band, maid to ws be Alexander Erskene of Dun, datit 4 Apryll, 1631, contening 
 thrie thowsand merkis Scottis principal!, iiic. merkis expences, with the ordinar 
 annuelrent ; to ane vther band, maid to ws be llohnald, Erie of Ancram, and Sir 
 Robert Gordoun, Barronet, datit last Junij, 1625, contening thrie thowsand merkis 
 Scottis principal), iijc. lib. expences, with the ordinar annuelrent; to ane vther 
 band, maid to us be vmqle Robert, Lord Kirkcudbryt, yairin designed. Sir 
 Robert IM'Clellane, datit 20 INIay, 1626, contening thrie thowsand merkis prin- 
 cipal, iijc. lib. expences ; to ane vther band, maid to ws be vmqle William, Erie 
 of I^othiane, datit 18 April, 1627, contening tua thowsand merkis principal, iic. 
 mei'kis penaltie, with the ordinar annuelrent ; to ane vther band, maid to ws be 
 the said vmqle Erie of Lothiane, datit 18 Apryll, 1627, contening elleven hun- 
 dreth merkis principal!, ic. lib. expences, with the ordinar annuelrent ; to afte 
 vther band, maid to ws be Sir Hew Wallace of Cragie, datit 26 November, 1629, 
 registrat 19 December. 1631, contening thrie thowsand merkis principal!, iiic. 
 merkis expences, witli the ordinar annualrent ; to ane vther band, maid to ws be 
 tlie Erie of Lynlytgow, datit 9 November, 1632, quhairby lie is obleist to pay to 
 ws the thrid pairt of tua thowsand poundis sterling, for the caus yaii'in specifeit ; 
 and in and to the articles of aggriment past betwixt us, thair designit Sir William 
 Alexander of Menstrie, Knyt. and the barrouns and gentlemen of Largis, datit 
 10 August, 1630, registrat in the Boolds of Sessioun, 10 July, 1634!, and in and 
 to the sowmc of twelff tliowsand pundis Scottis yairin contenit, quhilk Sir 
 Thomas Boyd of Bonschaw, Jolm Boil! of Kelburne, Jolm Birsbeane of Bischop- 
 toun, and Robert Boyd of Courgill, for yameselffis, and in name of the rest of the 
 gentlemen, noblemen, that lies tlie rycht to the commoditie of Largis, war, be tlie 
 saidis articles, content to pay to ws at Mertimes eftir tlie dait foirsaid of the saidis 
 articles, in and to the inhibitioun raisit and execut vpon the saidis articles against 
 the saidis Sir Thomas and Robert Boydis, with the executiones and indorsationes 
 yairof, and in and to all vtheris letteris and executoriallis raissit and execut yair- 
 vpoun, with all that hes followit, or may follow vpon the saidis articles ; and in 
 and to the sowme of sevin thowsand nyne hundreth fourtie sax pundis threttene s. 
 4d. Scottis of bygaine restis of ane zeirlie })ensioun of iic lib. sterling, dew to ws 
 furth of the Excheqiiir, quhilk was preceiding the terme of JNIertimes, 1638 ; and 
 in and to the said zeirlie pensioun of 200 lib. sterling, restand aAvand of the said 
 terme of INIertimes, 1638, Witsvnday and ^Jertimes 1639, and of the said terme 
 of Witsvnday nixtocum, 1640, extending the saidis haill termes in Scottis money 
 to the sowme of 
 
 and in and to the sowme of ellevin thowsand, iiijc 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 tennentis of the croptis and zeirs of God
 
 APPENDIX. 57 
 
 1635, 1636, and 1637, conforme to ane particular roll or note beirand every persone 
 and dcbtouris name, with the (juautitie of his rest ; and in and to the hail! rurnishing 
 and plenisliing, to witt, hingiiigs, beddis, with thair coiirtciiis, and liaill fiirnitouris 
 belonging yairto. tabillis, bnirdisless or inair, chyris, stooUis, naprie, broddis. chyn- 
 neyes, witli thair pertinentis, ant] haill remanent furnitoiir prest-ntlie standing and 
 within tliat our great ludgeing within the l)urgh of Stirling, ])resentlie mentionat in 
 ane inventar book lyand within tlie said ludgeing; and in and to ane vther band 
 maid to ws be the said Sir Hew AA'allace of Cragie, contening the sowme of thrie 
 thowsand merkis prineipall, and thrie hundretli 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 contractis, bandis, gifts, 
 pensiouns. and vthers writtis, rychts, and securities maid to ws yairanent ; and 
 transferris and dispons our haill rycht yairof to, and in favouris of. the saidis Mr 
 Alexander Kynneir and Mr James Gordoun, and yair foirsaidis, surrogatting yarae 
 in our full rycht and place of the samen, with power to thame to ask, crave, 
 receave, intromit with, and vptak the debtis. sowmes of money, annuelrentis, and 
 others, particularlie and generallie aboue specifeit, acquittances and discharges 
 vpon the ressait yairof to mak subscry ve and delyver, quhilk salbe sufficient, corn- 
 pone, transact, and aggrie yairanent, and, if iieid beis. to call and persew thairfoir, 
 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 ; 
 quhilk assignatioun and dispositioun abovewn-itten, we bind and obleis us, our 
 airis, executouris. and successouris, to warrant to the foirnamit persons, and vair 
 foirsaidis, to be gud and suflicient in itselH" at all liandis, as law will ; provyding 
 alwayes, lykas it is heirby speciallie provydit. that ho\v soon it sail happin the 
 saidis Mr Alexander Kynneir, and Mr .lames Gordoun, to be fullie releivit of 
 yair haill cautionries, contenit in the said inventaris, and of all cost, skaith. 
 damnagc, expences, and interest, (juhilkis they, or any of thame, sail happen to 
 incur thairthrow, and be thankfullie and compleitlie payit of thair debtis and 
 sowmes of money specifeit in the saidis inventaris, and adebtit be ws to thame, 
 with the haill annuelrentis thairof that sail happin to be dew for the samen. that 
 then, and in that cais, and immediatlie yairefter, thir prescntis salbe null, and of 
 nane availl, force, strenth, nor effect, fra thynfurth for ever, and the foirnamit 
 persons salbe haldin and obleist to repone avs in our awin rvcht 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 pavment of 
 yair debtis yuirin specifeit as accordis : it is also heirby provvdit. that the assig- 
 natioun foirsaid to the compositions and sowmes of money foirsaid, to be receaved 
 for the proportions of land in Nova Scotia, and dignitie of Knvt Baronet, salbe no 
 let nor impediment to ws to dispone and rcsigne the said patent, ather to hi<. 
 
 H
 
 58 APPENDIX. 
 
 Matie or any vther, the benefeit and sowmes of money to be gottin yairfoir being 
 alwayes applyed to the payment of the debtis, for the releiff of these quha ar 
 ingadged as cautionaris for ws in the former contract heir specifeit, and the 
 superphis yairof, and of all vther benefeit that may aryse to thame, ather be the 
 said assignatioun, or the first contract, (the cautionaris of the first contract being 
 always first releived,) to be vplift by thame for yair releiff; and, finallie, we faith- 
 fuUie bind and obleis ws and our foirsaidis to iterat, renew, and extend, and 
 ampliefie this present assignatioun and dispositioun 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 quhensoever they sail 
 requyre ws for that effect ; and, for the mair securitie, we are content, and con- 
 sentis, thir presentis be insert and registrat in the Bookis of Counsall and Sessioun, 
 to haive the strenth of ane decreit of the Lordis thairof, that letteris of horning on 
 sax dayes, and vtheris necessar in form as effeiris, may pas heirvpoun, and 
 constitutts 
 
 our procuratouris. 
 In witnes quhairof we haive subscryvit thir presentis with our hand, (writtin be 
 Patrik Gordoun, servitour to INIr James Goi'doun, Keipar of his Matie's 
 Signet,) at Convent Gairdine, the twentie-nynt of January, im. vie. and fourtie 
 zeiris, befoir thir witnesses, INIr Thomas Hammiltoun. of Robertoun ; INlr Walter 
 Neische, shireflf- clerk of Haddingtoun ; and John Esquyre, sei'vitour to ws, the 
 said Erie of Stirling. 
 
 {Sic suhscribitur.) W. Sterline. 
 Mr Thomas Hammiltoun. Avitnes to 
 
 Sterlin's subscriptioun. 
 Mr Walter Neische, witnes yairto. 
 Jo. Squyre, witnes therto. 
 
 {February 15, 1640. — Public Records of Scotland, Edinburgh.) 
 
 No. XV. 
 
 Treaty of Breda, July 21-31, I667. See p. 6. 
 
 Traits. &c. Art. 10. Le ci-devant nomme Seigneur le Roi de la Grande 
 Bretaene 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 pays appele I'Acadie, situd dans I'Amerique 
 Septentrionale, dont le Roi Tres Chretien a autrefois joui ; et pour executer cette 
 restitution le sus-nommd Roi de la Grande Bretagne, incontinent apres la ratifica- 
 tion de la pr^sente alliance, fournira au sus-nommd Roi Tres Chretien tons les 
 actes et mandemens expedies duement et en bonne forme necessaires a cet effet, 
 ou les fera fournir ii ceux de ses ministres et officiers qui seront par lui delegues.
 
 APPENDIX. .59 
 
 No. XVI. 
 
 Treaty of Ryswick, September 20, 1697. See p. 7. 
 
 Art. 7. Restituet Dominus Hex Cliristianissimus Domino Reel Maffna 
 Eritaniiiie omnos rcgionc's iiisulas arces et colonias ubivis locoriim sitas quas possi- 
 debant AiigU aiite liiijus prajsentis belli dcclarationcm ; ot vice versa Dominus 
 Rex Magna3 Eritanniiu restituet Domino Regi Cliristianissimo oranes refiones 
 insulas arces et colonias ubivis locorum sitas quas possidebant Galli ante dictam 
 ejusdem belli declarationem. 
 
 No. XVII. 
 
 Treaty of Utrecht, April 11, 1713. See p. 8. 
 
 Art. 12. Dominus Ilex Cliristianissimus, codem quo pacis pritscntis ratihabi- 
 tiones commutabuntur die. Dominie Regina; Magnae liritamiia! litcras tabulasve 
 solemnes et autlicnticas tradendas curabit, quarum vigore insulam Sancti Cliristo- 
 phori per subditos Britamiicos sigillatim deliiiic possidcndam. Novam Scotiam 
 quoque sive Acadiam totani. limitibus suis antiquis comprehensam, ut ct Portus 
 Regii urbem nunc Annapolim Regiam dictam, coeteraque omnia in istis reo-ioni- 
 bus qujE ab iisdem terris et insulis pendent, ima cum earundem insularum 
 terrarum et locorum dominio proprietate possessione et quocunquc jure sive per 
 pacta sive alio modo quoesito, quod Rex Cliristianissimus, Corona Galliie. aut 
 ejusdem subditi quicuiique ad dictas insulas terras et loca eorumque incolas 
 hactenus habuerunt, Regina> JNIagna; Britanni;e, ejusdemque Coronjv, in per- 
 petuum cedi constabat et transferri, prout eadeni omnia nunc cedit ac transt'crt Rex 
 Christianissimus. 
 
 No. XVIII. 
 
 Treaty of Paris, February 10, 1763. See p. 8. 
 
 Art. 4. His most Christian Majesty renounces all pretensions which he has 
 heretofore formed, or might form, 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 
 IJritain : 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
 
 60 APPENDIX. 
 
 island of Cape Breton, and all the other islands and coasts in the gulf and river 
 St Jjawrence ; and, in general, every thing that depends on tlie said countries, 
 lands, islands, and coasts, with the sovereignty, property, possession, and all rights 
 acquired by 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 tlieir inhabitants. 
 
 No. XIX. 
 
 Record Translation of Grants by Sir William Alexander, to Sir Claude St 
 
 Estienne and Charles St Esticnne. 
 Records of Suffolk County, Massachusetts, Lib. No. 3, fo. 265. See p. 12. 
 
 Tn the name of God, Amen. KnoAV all those who these letters pattent shall see 
 or shall heare read, that upon this present thirtie day of Aprill, in the yeare of 
 our Lord one thousand sixe hundred and thirtie, before me. Josh. Maynet, notary 
 and tabellion royall, dwelling in London, admitted and sworne by the authoritie 
 of our sovereign lord the King, and in the presence of the witnesses hereunder 
 named, were present in person, my Lord William xUexander, Knight, Lord of 
 Menstrie, and Chief Secretary of State for the Kingdome of Scotland for his said 
 Majestic of Great Bretany, Privy Councillor of State, and Lieutenant unto his 
 said INIajestie in New Scotland in America, on the one parte, who haveing, by 
 letters-pattents from his said Majestie, under the Great Seale of Scotland, the 
 donation of all the said countrey of New Scotland, called by the French the 
 countrey of ^^.ccadye in America, unto him and his heyres 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 Estienne, Knight, Lord of la Tour and of 
 Vuarre, and unto Charles de Sainct Estienne, Esq. Lord of Sainct Denicourt, his 
 sonne, on the other part, the said Sir Claude de St Estienne being present accepting, 
 and by these presents stipulating, for his said sonne Charles being absent, and for 
 theire heyres, 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, allied 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 I'Omeroy, and further beyond the said Port, following along the 
 said coast unto Mirliguesche, {liod. Lunenburg.) nere unto, and beyond the Port
 
 APPENDIX. 61 
 
 and Capo of L'Hevc, drawing forward fifteen leagues within the said lands 
 towards the north, of all the which said lands and seas, the said Knight De la Tour 
 and his sonne, shall receive all the fruits, profits, emoluments, that may provene 
 generally, and Avhatsoever, as of theire owne proper and loyall acquest, in all right 
 and jurisdiction, and privilcdges whatsoever, as much or more then anv Mar<|uiss, 
 Erie, or Baron holds, or rayscth from the Crowiie of Scotland according to the 
 laws or letters pattents unto the said Lord Alexander, and unto them graunted 
 by the Kings of Scotland, within the which countrcy. lands, and seas above named, 
 they may make, build, and erect villages, townes, and castles, and fortresses, as 
 they shall see good, which said Knight De la Tour, and his said sonne shall hold 
 and enjoye, all the said countrey here above, within the said limits named, from 
 the King and the succession of the said Crownc of Scotland in fief and title of 
 honour and right of inheritance, (which) the said Sir VVilliam Alexander to them, 
 by vertue of the power to him by the said pattents given, hath erected and entitled 
 by two barronies, namely, the liarrony of Saixct Estienxe, and the Barrony of De 
 LA TouK, which may be liniitted and bounded equally betsveene the said Knight 
 De la Tour and his said sonne, if they shall see cause, upon condition that the said 
 Knight De la Tour and his said sonne, as he hath promised, and for his said sonne 
 by these presents doth promise, to be good and faithfull vassalls of the said Sove- 
 raigne Lord, the King of Scotland, and theire heyres and successors, and to give 
 unto him all obedience and assistance to the reduceing of the people of the said 
 countrey, and to entertaine good amitie and correspondencie with the said Lord 
 Alexander and his heyres, and all his subjects which there shall be planted and 
 resident, and shall maintaine good and faithfull societie and union, and the respect 
 due unto the said Lord Alexander, as unto the Lieutenant of the Kinff, the said 
 Lord Alexander promiseing also on his part, amitie, societie, correspondency, 
 assistance, and protection from his said Majestic, and from himselfe his Lieutenant. 
 Furthermore, and over and above, the said Lord Alexander graunteth unto the 
 said Knight De la Tour and unto his said sonne, and unto theire heyres 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 u})on the obliging of all theire goods present and 
 to come upon the penaltie of the ordinances appointed by the lawes established 
 on the one part, and the other, to the violater hereof; the said Lord ^Vlexander 
 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 INLajestie. Avhereof a coppy collationed with the 
 originall shall be given unto the said Knight De la Tour and his said soinie. And 
 the said Lord .Vlexander shall cause these presents to be agreed luito. and ratified 
 by his said jSLijestie luider the Great Scale of Scotland, if need shall require. In 
 witness of the truth hereof, there are two writings of the same tenor made and 
 indented, Avhich each partic hath respectively signed, sealed, and delivered. This
 
 62 APPENDIX. 
 
 made and passed in 3Iart'm's Lane, nere unto this cittie of London, in the pre- 
 sence of Sir Alexander Strachan Baronet of Thornton, George Angush, Peter, 
 James and Richard Grimes, witnesses hereunto called and admitted. 
 
 (Signed.) W. ALEXANDER. A little seal. 
 
 A. Strachan 
 
 Rich. Grames Peter James 
 
 The mark A of 
 
 George Angush 
 In testimony of the 
 
 premises, I, the above A great scale in 
 
 named notary, being green wax affixed, 
 
 required, have signed and pendant below, 
 
 this present instrument 
 with my manuall usuall 
 signe. 1 doe approve 
 of these words, (theire 
 heyres and Rich. Grimes,) 
 being 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 Notary 
 Royall dwelling in London, by the authoritie of the King, our Soveraigne, sworne 
 and admitted, and that full faith and credit ought to be given both in judgement 
 and out of the same, unto the acts, instruments and other writings, by him so 
 undersigned. Made at London the 30th day of Aprill, 1630. 
 
 (Signed) Caholus Demetrius, Not. Pub. 
 Tho. De Wainter, Not Pub. 
 
 This deede before mentioned, being translated, hath beene read and compared 
 with the originall in French by me, and I find it no way differing in substance 
 therefrom. 27. 6. 1659- (27th Augt.) 
 
 (Signed) Jo. Endecott, Governor. 
 
 [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. 30?.)
 
 APPENDIX. 63 
 
 No. XX. 
 
 Patent by tohich John Browne, younger of the Neale, vas created a Baronet of 
 Nova Scotia, hy William Viscount Stirling. 17th June, 1G3G. See p, 12. 
 
 We, William ^'iscount Stirling. &c. IVoprietor of the country of New Scotland 
 and Canada, and liis Majesty's Lieutenant Avithin the same, Forasmuch as by the 
 feoffment granted to me by (jur late Sovereign, King James, and by our Sove- 
 reign, King Charles, I have full power to dispose of any part thereof to such as 
 do undertake to plant there ; and understanding the willingness of John Browne. 
 Esquire, eldest son to .Tosias IJrowne, of the Neale. in Ireland, for the advance- 
 ment of the said plantation, we liavc granted inito the said .John IJrowne, and to 
 his heirs male, lawfully descended of his body, that part of the said country of 
 N^ew Scotland bounded as follows : Beginning twelve miles from the northern- 
 most part of the Island Anticosti, within the gulph of Canada, extending 
 westward along the north side of the island six miles, and from thence northward, 
 keeping always three miles in breadth ; to have the salmon, and other fishings, 
 as Avcll in salt as fresh water: And I do hereby incorporate the said proportion of 
 land into a free barony and regality, to be called, in all times, the Barony and 
 Regality of Neale, To hold the same, by the yearly payment of one penny, usual 
 money of Scotland ; And whereas, I have full poAver 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 John Browne, and his heirs male, lawfully 
 descended, or to be descended, of his body, the hereditary dignitv and style of 
 Baronet of New Scotland, with 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 .rohn Browne license to wear and carry an orange tawnv ribbon, the 
 badge of a Baronet of New Scotland, bearing the arms of New Scotland in gold 
 enamelled. Avith the crown royal above, and this circumscription, Fax Mentis 
 HonestcB Gloria. 
 
 Sealed with the Great Seal of New Scotland, 21st .Tune. 1636 
 
 ( Collins' Peerage of England — Sir Egerton Bnjdges' Continuation. Xo\. 9. p. 276.)
 
 64 APPENDIX. 
 
 No. XXI. 
 
 ^ct Ratifying and Approving the Treaty of Union of the two Kingdoms of 
 
 Scotland and England. 
 
 January 16, 1707. 
 
 See page 13, as to Privilege of export and import. 
 
 VI. Article. That all parts of the United Kingdono, for ever from and after 
 the Union, shall have the same allowances, encouragements, and drawbacks, and 
 be under the same prohibitions, restrictions, and regulations of trade, and liable to 
 the same customs and duties on import and export ; and that the allowances, 
 encouragements, and drawbacks, prohibitions, restrictions, and regulations of trade, 
 and the customs and duties 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 conunodities from which any persons, the subjects of either 
 kingdom, are specially liberated and exempted by their private rights, which after 
 the Union are to remain safe and entire to them in all respects as before the 
 same. 
 
 XVIII. That the laws concerning regulation of trade, customs, and such excises 
 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 are contrary to, or inconsistent with, 
 this treaty,) but alterable by the Parliament 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, maybe made the same throughout the whole United Kingdom, 
 but that no alteration be made in laws which concern private right, except for 
 evident utility of the subjects within Scotland. 
 
 {Acts of Parliament.)
 
 APPENDIX. 65 
 
 No. XXII. 
 
 Description of the Offices granted hy the Charters of Nova Scotia. 
 
 See pp. 12, 13. 
 
 His Majesty's Lieutenant-General — Lord Lieutenant. Viceroy, and 
 General Governor of the country and its Inhabitants ; having the executive 
 authority in all matters, civil, military, &c. 
 
 Justice-Geneuai. — President of the Supreme Criminal Court. 
 
 High-Admiral — His Majesty's Lieutenant and Juslice-Geneial upon the 
 seas, and in all ports, harbours, or creeks of the same, and upon fresh waters or 
 navigable rivers below the first bridges, or within the flood marks. 1681. c. 16. 
 
 Lord of Regality — Grantee from the King of rights of lands subject to a 
 special and extraordinary jurisdiction, in contradistinction to lands subject to the 
 regular and ordinary administration of justice by Sheriffs. 
 
 Steward — Having the care of the official persons serving immediately under 
 the Crown. 
 
 Chancellor — Is by 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. 
 
 Treasurer — AVas 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. 
 
 Comptroller — An ofHcer of the Exchequer ; to levy the rents of the Crown 
 lands, borough rents and customs, and examine the Sheriffs" accounts. 
 
 Collector — (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. 
 
 .JrsTJCK-Ci.EiiK — President of the Supreme Criminal Court, in the absence of 
 the Justice-General, 
 
 I
 
 66 APPENDIX. 
 
 Director of Chancery — Is to direct precepts upon a retour, provided they 
 who were upon the inquest or assize depone in favour of him who raised the 
 brieve, that the lands and tenements contained in the retour are in the hands of 
 the King, or of another overlord, by the decease of him to whom he claims to be 
 nearest and lawful heir. Robert III. c. 1. 
 
 Conservator or Conservators of Privileges — of the privileges of merchants 
 of Xova Scotia. This Officer's jurisdiction was manifestlv intended to be according 
 to the pattern of the Court of the Conservator of Scots Privileges at Campvere, 
 in the Low Countries. The latter was to " have jurisdiction to do justice among 
 merchants, our Sovereign Lord's lieges, that is to say, betwixt merchant and 
 merchant, in parts beyond sea ; and that the said conservator proceed not upon 
 any matters, but if there be six of the best and most honest merchants of most 
 knowledge of the realm, they shall sit and have power with him, and if there be 
 not to the numl>er of six, that there sit four merchants with him at the least, that 
 shall have such like power with him to minister justice ; and that no merchant 
 pursue another before another judge 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. 
 
 " All clerks of the cocquet shall particularly expreeme (express) and specify in 
 the cocquets given by them, the particular quantities of the goods and merchan- 
 dises; the special kinds and sorts thereof; the names of the merchants 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 expreemed particularly as said is, and make count and reckoning 
 thereof yearly to the treasurer, as he will answer upon his office." 1597. c. 259- 
 
 " The conservator shall fence and arrest all 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." 1597, c 260. 
 
 " The conservator shall not receive or admit any cocquet, although the same be 
 lawfulljr 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 
 himself, his Creator, that he has no forbidden goods or gear, nor any other lawful 
 merchandises, besides that v/hich is contained in the cocquet, nor knows of any 
 to be in the same ship pertaining to others, and that, so far as he understands, the 
 wliole goods and gear pertain properly to freemen, and no part thereof to unfree- 
 men : As also, at their back returning Irom 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. 67 
 
 Scotland, ;ill tlio same goods to bo confiscated ; and if the said oath be refused by 
 them all, and they no wise will make the same, it shall be leasum (allowable) to 
 the conservator to arrest the said ship, and all the goods contained there, n ; and 
 if some make oath, and others refuse, he shall arrest all goods pertaininf to the 
 party refusing, and make count thereof as said is; and whatsoever goods are not 
 contained in the cocquet, to be confiscated as said is." 1.597, c. 2G1. 
 
 " Every particular merchant coming forth of the Low Countries to this realm, 
 shall give up to the conservator the special quantity of his goods, and the quality 
 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 himself or his deputy, for eschewing of the fraud which 
 may be used towards his Majesty in his customs." 1597, c. ^64. 
 
 " An incorporation shall be made of this nation and i)ri\ileges thereof, specially 
 ordaining, that whatsoever person resident or remaining within the parts foresaid, 
 (the parts of the Low Countries where this nation keeps their staple.) intendinf 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 oath of 
 obedience to the King's JNIajesty and his laws, before his Highness's conservator, 
 resident in the said Low Countries, and shall pay, for his entrv. to the Kino-'s 
 INIajesty's use, ten pounds Flemish : ^Vs also, shall be ready to underlie (submit 
 to) all such charges and commandments, as shall happen to be directed and come 
 from his Highness, in the same form and manner as if they were dwellino- 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 thereafter, any benefit of his Majesty's subjects ; and that none 
 of his Highness's subjects have trade, traffick, or use of factory, with any the 
 persons so deprived thereafter, under the same pain." 1579, c. 96. 
 
 No. XXHI. 
 
 An Act for maJcivg more effectual protmon for the government of the Province of 
 Quebec in North America. 14 Geo. III. cap. 83. See p. 18. 
 
 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, convevance, 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.)
 
 68 APPENDIX. 
 
 No. XXIV. 
 
 Grant by James Farrett, deputy of the Earl of Stirling, to Thomas Mayhew, 
 elder and younger, of Nantucket Island. See p. 21. 
 
 These presents do witness, that I, James Farrett, gentleman, who was sent 
 over unto these parts of America by the Honourable Lord 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 JNIayhew, of Water Town, merchant, 
 and to Thomas INIayhew, 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 ; 
 provided 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 be 
 thought fit by John Winthrop the elder. Esquire, or any two Magistrates in the 
 Massachusetts Bay, being chosen for that end and purpose by the Honourable 
 Lord Sterling or his deputy : And by the said Thomas ISlayheAv, and Thomas 
 Mayhew, his son, and their associates, it is agreed, that the government that the 
 said Thomas Mayhew, and Thomas INIayhew, his son, shall set up there, shall be 
 such as is now established in the INlassachusetts aforesaid ; and that the said Thomas 
 Mayhew, and Thomas Mayhew, his son, and their associates, shall have as much 
 privilege, touching their planting 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 Fakrett. (L. S.) 
 
 Signed, sealed, and delivered 
 in presence of us, 
 
 Robert Carne. 
 
 Nicholas Davinson. 
 
 Robert Stileman. 
 
 {Records of Toicn (f Nantucket.) 
 
 *• The islands of Tuckanuck and Muskeget, lying between Nantucket and Martlia's Vineyard.
 
 APPENDIX. OH 
 
 No. XXV. 
 
 Patent by King Charles the Second of England and Scotland to his Royal 
 Highness, James, Duke of York, of the Province of New York. See p. 21. 
 
 Charles the Second, by the grace of God King of England, Scotland, France, 
 and Ireland, Defender of the Faith, he. To all to Avhom these presents shall come, 
 Greeting : Know yee that we, for divers good causes and considerations, us 
 thereunto men eing, have, of our spcciall grace, ccrtaine knoAvledge and meer 
 motion, given and grauntcd, and by these presents, for us, our heires and 
 successors, do give and graunt unto our dearest brother James, Duke of Yorke, 
 his heires and assignes. all that ])art of the JNIaine land of Ncav England, begin- 
 ning att a ccrtaine place called or knowne by the name of St Croix, next adjoining 
 to New Scotland, in iVmerica, and from thence extending along the sea coast 
 unto a certaine place called Petnaquine or Pemaquid, and so up the river thereof 
 to the furthest head of the same, as it tcndeth northwards, and extending from 
 thence to the river of Kenebequc, and so ui)wards by the shortest course to the 
 river Canada northwards ; and also all that island or islands commonly called by 
 the severall name or names of JNleitowacks or Eong Island, scituate, lying and 
 being towards the west of Cape Codd and the Ntirrhaghgansetts. abutting upon 
 the Elaine land between the two rivers there 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 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, quarryes, woods, marshes, 
 waters, lakes, fishing, hawking, hunting, and fowling, and all olher 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 estate, right, title, interest, benefitt, advantage, claime, and demand of, in. or 
 to the said lands and premisses, or any jiart or jiarcell thereof, and all the rever- 
 sion and reversions, remainder and remainders, together with the vearlv and otlier 
 the rents, revenues, and other profitts of all and singular the said premisses, and 
 of every part and jiarcell thereo'". To have and to hold all and singular the said 
 lands, islands, hereditaments and premisses, with their and every of their appur- 
 tenances hereby given and grauntcd, or herein before mentioned to bee given 
 and grauntcd nnto our dearest brother James. Duke of Yorke, his heires and 
 a.ssigncs, for ever, to the only proper use and behoofe of the said James. Duke of 
 Yorke, his heires and successores, as of our mannor of East Greenwich, in our 
 county of Kent, in free and commoji soccage, and not ii capi!c. nor bv knight 
 service : Yeilding and rendring, and the said James, Duke of Yorke. doth, tor
 
 70 APPENDIX. 
 
 himself, his heires and assignes, covenant and promise to yeildandrender unto us, 
 our heires and successors, of and for the same yearly, and every year, forty beaver 
 skinns, when they shall be demanded, or within ninety days after: And Avee do 
 further of our speciall grace, certaine knowledge, and meer motion, ibr us, our 
 lieires and successors, give and graunt unto our said dearest brother James, Duke of 
 Yorke, his heires, deputies, agents, commissioners, and assignes, by these presents, 
 full and absolute power and authority to correct, punish, pardon, governe, and 
 rule, all such the subjects of us, our heires and successors, as shall from time to 
 time adventure themselves to any of these parts or places aforesaid, or that shall 
 or doe att any time hereafter inhabitt within the same, according to such laws, 
 orders, ordinances, directions, and instructions as, by our said dearest brother or his 
 assignes, shall be established, and in defect thereof, in cases of necessity, according 
 to the good discretions of his deputies, commors, officers, or assignes, respectively, 
 as well in all cases or matters capitall and crirainall as civill, both marrine and 
 others, so always as the said statutes, ordinances, and proceedings be not contrary 
 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, heareing, determining, of the appeale and 
 appeales of all or any person or persons of, in, or belonging to the territoryes or 
 islands aforesaid, in or touching any judgment or sentence to bee there made or 
 given : And further, that it shall and may be huvfull to and for our said dearest 
 brother, his heires and assignes, by these presents, from time to time, to make, 
 nominate, constitute, ordaine, and confirme, by such name or names, stiles or 
 stile, as to him or them shall seeme good ; and likewise to revoke, discharge, 
 change, and alter as well all and singular governours, officers, and ministers, 
 which hereafter shall bee by him or them thought fitt and needfull to be made 
 and used within the aforesaid parts and islands. And also, to make, ordaine, and 
 establish 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 
 sood of the adventurers and inhabitants there: And wee doe further of our 
 speciall grace, certaine knowdedge, and meer motion, graunt, ordaine, and declare, 
 that such governours, officers, and ministers, as from time to time shall be 
 authorised and appointed in manner and forme aforesaid, shall and may have fidl 
 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 realme : And wee doe 
 
 &
 
 APPENDIX. 71 
 
 further, by tlicsc presents, for us. our lieires and successors, graunt unto our said 
 dearest brother Jaincs, J)uke of Yorke, his heires and assigncs, in his or tiieir 
 discretion, from time to time, to admitt sucii, and so many person or persons, to 
 trade, trafficke unto and witliin tlie territoryes and islands aforesaid, and into 
 every, or any part or parcell thereof, and to liavc, possessc, and injov any lands or 
 hereditanieJits in tlie parts and phices aforesaid, as they sliall thincke fitt, according 
 to the Uiwes, orders, constitutions, and ordinances, by our said brotlier, his heires, 
 deputies, commissioners, and assignes, from time to time, to be made and 
 established by virtue of, and according to the true intent and meaning of these 
 presents, and under such conditions, reservations, and agreements, as our said 
 dear brother, his heires or assignes, shall sett, ordaine, order, direct, and appoint, 
 and 7iot otherwise, as aforesaid : And wee do further of our speciall grace, certaine 
 knowledge, and meer motion, for us, our heires and successores, give and graunt 
 to our said dear brother, his heires and assignes, by these presents, that it shall and 
 may be lawfull to and for him, them, or any of them, att all and att every time 
 and times hereafter, out of any our reahnos or dominions whatsoever, to take, 
 Icade, carry, and transport, in and unto theire voyages for and towards tiie 
 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 lov'eing subjects, and live under our allegiance, or shall Avilliuglv 
 assist them in thcii'e said voyages, together with such cloatliing. implements, 
 furniture, and other things useally trans))orted, and not prohibited, as shall be 
 necessary for the inhabitants of the said islands and territoryes. and for their use 
 and defence thereof, and mannaging and carrying on the trade with the people 
 there, and in passing and returning to and fro, yeilding and paying to us. our 
 heires and successores, the customcs and dutyes therefor due and payable 
 according 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 cverv 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, expulse. and resist, by 
 force of armes. as well by sea as by land, and all waycs and mcanes whatsoever, 
 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 jierson anil persons 
 whatsoever, as shall interfaire or attempt, att any time hereafter, the destruction, 
 invasion, detriment, or annoyance to the parts, j)laces, or islands aforesaid, or any 
 part thereof: And lastly, our will and pleasure is. and wee doe hereby declare 
 and graunt, that these our letters pattcnts. or tiie inrollment thereof, shall be 
 good and effectual in the law, to all intents and purposes whatsoever, iiotwith?
 
 72 APPENDIX. 
 
 standing llie not reciting or mentioning of the premisses, or any part thereof, or 
 the meeths and bounds thereof, or of any former or other letters pattents or 
 graunts heretofore made or graunted of the premisses, or of any part thereof, by 
 us, or any of our progenitors, vmto any otlier person or persons whatsoever, 
 bodj'es poHtiqiie or corporate, or any act, law, or any otlier restraint, incertainty, 
 or imperfection whatsoever, to the contrary in any wise notwithstanding, 
 although 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, or 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, provision, proclamation, or 
 restriction, heretofore, had, made, enacted, ordained, or provided, or any other 
 matter, cause, or thing whatsoever, to the contrary hereof, in any wise notAvith- 
 standing. In witness whereof, wee have caused these our letters, to be made 
 pattents. Witnesse ourselfes att Westminster, the 12 day of March, in the l6th 
 year of our reign. (1664.) 
 
 By the King 
 (Signed) Howard. 
 
 (^Historical Library, New York. Stirling 31SS. and Papers.) [ 
 
 No. XXVI. 
 
 Memorandum in respect to the Lands in Maine. See p. 22. 
 
 Amount of sales and grants of lands from 1791 to 1st June, 1813 : — 
 
 Sold, 3 millions. 790.381 acres, for D. 1,085,9 15, 62 cents, after deducting 
 D.55, 281, 71 cents for expenses, producing, on an average, 28 cents 
 per acre. 
 Granted 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 the St John's and Chaudier rivers. 
 
 ■{Commonwealth of Massachusetts, 1814. Report from the Committee 
 on the Management of the Lands in Maine.)
 
 APPENDIX. 73 
 
 No. XXVII. 
 
 Grant by J amen Farrett, deputy of the Earl of Stirling, to Lieutenant Gardiner, 
 
 of Gardiner's Maud. See p. 23. 
 
 Know all men whom this present writing may concc rn, tliat I, James Farrctt, 
 of liong Island, gent. (Icpiity to the Right Honourable the Earle of Starling, 
 secretary for the kingdome of Scotland, doc, by these presents, in the name and 
 behalfe of the said Karlc of Starling, and in my owne name also as his deputy, as 
 it doth or may concerne myselfe, give and grant free leave and liberty to I>ion 
 Gardiner, his heirs, executors, and assignes, to enjoy that island which hee hath 
 noAV in possession, called by the Indians, Manchonack ; by the P2nglish, the Isle of 
 Wight; I say, to enjoy botfi noAV^ and for ever; which island hath been purchased 
 before my coming, from the auncient inhabitants, tlie Indians ; nevertheless, 
 though the said Lion Gardiner had his possession first from the Indians before my 
 coming, yet is hee noAV content to hold the tenor and tytle of the possession of the 
 aforesaid island from the Earle of Starling, or his successors whomsoever, wlioo 
 hath a grant from the King of England, under the great seale of the aforesaid 
 kingdome : Be it knowne, therefore, that I, the said James Farrett, doe give, 
 and hath given, free liberty and power to the said Lion Gardiner, his lieirs, 
 executors and assignes, and their successors for ever, to enjoy the possession of 
 the afforcsaid island, to build and plant thereon as best lyketli them, and to dispose 
 'thereof as they thinke fitt, and alsoe to make, execute, or jiut in practize, such 
 lawes 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 whomsoe\cr ; 
 and the afforesaid right and title both of land and government to remavne with 
 and to them and to their successors for ever, without anj- trouble or molestation 
 from the said Earle, or any his successors, for now and ever: And forasmuch as 
 it has pleased our royal King to give the pattcnt of Long Island to the afforcsaid 
 Earle of Starling, in consideration whereof, it is agreed upon, that the trade with 
 the Indians shall remavne with the said Earle and his successors, to dispose upon 
 from time to time, and at all times as best likcth him, notwithstanding the said 
 Jjion Gardiner, to trade with the Indians for corne, 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, he shall pay for e\"cry fadomc twentv 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 pounils (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 
 
 K
 
 74^: APPENDIX. 
 
 October, IG-IS, the three former years being advanced for the use of the said James 
 Farrett. In witness whereof, the party has put his hand and seale, the 10 day 
 of March, 1639, (1640.) 
 
 (Signed,) James Fakrett, (L. S.) 
 Sealed and delivered, in the presence of 
 FuLK Davis, 
 Benjamin Price. 
 
 (M.S. Book, in the possession of David Johnson Gardiner, Esq.) 
 
 No. XXVIII. 
 Patent hy 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 Avhom these presents shall come, 
 Greeting, Whereas there is a certain island lymg to the north 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, &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 tJie Massachusetts Colony. Vol. V. pp. 181, 182.) 
 
 No. XXIX. 
 
 Grant by James Farrett, deputy of the Earl of Stirling, to Daniel How, and others, 
 oj 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 vvay concernc myself, give and grant free leave and liberty to 
 Daniel How, Job Sayrs, George Wiilby, and ^V''illiam llarkcr, together with their 
 assosiates, to sitt down upon Long Island afforcsaid, there to possess, improve, 
 and enjoy eight miles square of land, or soe much as shall contuin the said quantity, 
 not only upland, but alsoe whatsoever meadow, marisli 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 thcirc heyres for ever, 
 without any disturbance, lett, or mollestation from the said Earle, or any by his 
 appoyntment or procurement for him, or any of his ; and that they are to take 
 theire choise to sit down upon as best lyketh them ; and allsoe that they and theire 
 assosiates shall enjoy as full and frcc' liberty in all matters that doe or may con- 
 cerne them or theircs, or that may conduce to the good and comfort of them and 
 theires, both in church order and civill government, together with all other ease- 
 ments, conveniences, and accommodations whatsoever, which the said place doth 
 or may afford, answerable to what other plantations enjoy in Massachusetts Bay. 
 But inasmuch as it hath pleased our royall King to give and grant the pattente of 
 Long Island to the alForesaid Earle, in consideration thereof it is agreed uppon, 
 that the trade with the Indians shall rcmaine to the said Earle of Starling, to diss- 
 pose of, from time to time, and at all times, as best Ivketh 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 JMassachuseits 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 affbresaid inhabit- 
 ants shall make purchase in theire owne names, at theire owne leisure, fri>m any 
 Indians that inhabbit, or have lawfuU 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 ami 
 seales the 17 day of April, 1640. 
 
 Memouandum. 
 That the trew meaning of Mr Farrett is, that whereas hee hath formerly pur- 
 chased sartaine lands in Lon<>- Island for the Earle of Starling or himself, that hee 
 doth, by these presents, fully release all claime and interest in the land above-
 
 76 APPENDIX. 
 
 mentioned, or persons that shall sitt downe upon it, with all title to government, 
 wliether in church or in comonwealth ; 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 rigiit worshippful John Winthrop above mentioned. 
 
 James Faruett, (scale.) 
 
 Sealed and delivered 
 
 in the presence oflF 
 
 Theoph. Eaton, 
 
 John Davenport. 
 
 I John Winthrop, within named, having seriously considered of tliat 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 mee 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 meere 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 
 collonies, with liberty to trade with the Indians, (which they are here debarred 
 from,) and for that they had possessed and improved this place before any actuall 
 claime made thereto by the Right Honourable the Earle of Starling, or had any 
 knowledge of his Lordship's pattent ; and whereas his Lordship, in consideration, 
 I suppose, of the premisses, requires nothing of them but in way of acknowledge- 
 ment of his interest, I doe hereuppon conceive, and doe accordingly (soe farre as 
 power is given mee) 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- 
 lin"-, his heyres or assignes, upon the last day of September, at Southampton 
 afforesaid, 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 Majestic reserved allwayes excepted.) In testimony 
 whereof, I have herevuito set my hand. 
 
 Dated 20. 8. 164.0. (20th October.) 
 
 (Signed) John Winthrop. 
 
 (Records Suffolk County, Long Island,)
 
 APPENDIX. 77 
 
 No. XXX. 
 
 Remomtrance of tlie Inhabitants of South Hampton against the order requiring them 
 
 to take out a new patent. See p. 23. 
 
 To THE GOVERNOK. 
 
 South Hampton, Feb. 1.5. 1670. 
 
 Honourable Sir, — We, the inhabitants of this town, do hereby present unto 
 you our humble service, &c., to shew our respect to your lionour's pleasure, and 
 our obedience to the order of the honourable Court of Assize, we are bold to 
 manifest herein unto you some reasons why we are unwilling to receive any 
 further patent for our lands as foUoweth. 
 
 1st. Because, as we have honestly purchased them of the natives, (the proper 
 and natural owners of them,) so also we have already tiie patent right lawfully 
 obtained and derived from the Honourable Earl of Stirling, we being to pay 
 one-fifth part of gold and silver ore, and four bushels of Indian corn yearly. 
 
 2dly. Because the injunction laid on persons and plantations by the laws in 
 1666, to take fox'th the patents for their lands from our then governor, we 
 groundedly conceive intended not the plantations on this east end of the island, 
 but only those at the west end, who were reduced from a former Government, 
 even as heretofore. &c. &;c. 
 
 Signed by Thomas Halsey, junior, and forty-nine others. 
 
 {Silas Wood's Sketch of Long Island, p. 107.)
 
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