Die Gründung von Neuschottland, 1621

The Royal Charter of Nova Scotia [translated], 1621.

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

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

Writtin to the Great Seall,
29. Septemb. 1621,
J. SCOTT, gratis.
Sealed at Edinburgh,
JA. RAITHE, gr.

Nachweis:

Internet Archive (works together with the Library of Congress and the Smithsonian)
ia311243.us.archive.org/3/items/novascotiaroyalc00frasuoft/novascotiaroyalc00frasuoft.pdf

Quellenbeschreibung

König James I. verlieh Sir William Alexander und dessen Nachkommen sämtliche Ländereien im Bereich des 43. bis ca. zum 45. Breitengrad sowie das Territorium Neufundland. Nicht nur erhielt Sir Alexander das Recht, dieses Gebiet nach Belieben zu unterteilen und zu benennen, sondern auch die Gerichtsbarkeit und die Einberufung von regierungsartigen Institutionen. Zu Alexanders Leitlinien sollten die Etablierung der christlichen Religion und der Erhalt des Friedens mit den Ureinwohnern zählen.