Closer to Home – about Land Grants and the Louisburg-Gabarus highway

Doing legal research this morning as part of an Appeal I am self-representing later this year in the Supreme Court of Nova Scotia in Halifax, I stumbled on this (entirely unrelated) topic concerning original Land Grants, whose titles were granted in perpetuity to all heirs and descendants. If most of this information is basically true, then locals in Gabarus and Louisburg might well be able to mount a successful legal motion to get the old roads joining these two foundational communities on the island back in service, essentially kicking the Federales who closed the road as part of mounting the Fortress Louisburg Historic Site (principally for non resident tourists) out of the picture.

Generally speaking I believe we all should become more educated in terms of fundamental Common Law and related issues about which 99.9% of us – including senior  professionals such as judges and government officials and law professors – are abysmally ignorant. We might soon be losing our civilisation if we don’t wake up!

http://www.canadafreepress.com/index.php/article/24449

“On June 16, 2010,  the Crown Land Patent Initiative Committee, an internal group of the Ontario Landowners Association (OLA), met with members of the Federal Conservative Caucus for an informative discussion on the powerful force and effect of Crown Land Patent grants.

Supported with years of in-depth research, the group informed the MP’s that Crown Land Patents are the root of title to property and were originally issued to settlers to award them ownership of property or land. Land Patents are legal contracts with the Crown that give land owners certain rights as detailed in each land patent and remain in effect in perpetuity, even though the properties may change ownership many times. The Land Patent committee cited a number of “property issue” court cases that were won based on recognition of the crown land patents.
All land owners are encouraged to apply for their crown land patent grants.

The OLA committee presenting members were President Jack MacLaren, Elizabeth Marshall, Duaine McKinley, Garry Otten and Deborah Madill.

The Ontario Landowners Association (OLA) was formed in 2006 to preserve and protect the rights of property owners and to enshrine property rights within the Constitution of Canada and the laws of the Province of Ontario. The OLA mandate is to aid landowners whose rights to; own, use, manage, enjoy or benefit from, have been, or will be affected or harmed through Government actions. In addition, they actively support those Politicians and Governments who support, property rights and demonstrate and encourage small, fiscally responsible Government. For more information on the OLA or land patents visit the OLA web site at ontariolandowners.ca

http://www.workingforest.com/ontario-landowners-association-argues-original-documents-supersede-all-whimsical-legislation-since-before-confederation/

“Smart metres, water metres, land appropriation, forced re-zoning, amalgamation, municipal plans, the Mineral and Aggregate Act, Toronto’s Greenbelt,unwanted access to your property by any ministry or official for any reason other than serious crime, the Endangered Species Act and basically any legislation that may impact land ownership rights could be completely moot and some would suggest outright illegal in the eyes of the Supreme Court of Canada so long as you hold a Crown Land Patent Grant….

“Land patent grants are the original contracts between  the Crown and the original settlers, their heirs and assigns forever; you are either the heirs or the assigns of those patentees (as  landowners),” she said. “Those (CLPGs) grant you your rights; your water rights, your mineral  rights, your right to tell the MNR, the bylaw offi cers, etcetera, etcetera, etcetera this is my land, get off. “I am not just saying this as a sermon; this is absolute solid, 100 per cent concrete,” she said, referring to several court cases spanning about 100 years. “These documents overrule orders in council, they overrule legislation, they overrule just about everything. All legislation is, is a thought, a whim or an idea.” She explained the farce of legislation is that it is created by the ideals  of the people in charge and a result of the time they are created, easily reneged when another party or person gets another idea “or whim.” “They put it on paper and they think it’s a real law; and that’s what we are being ruined by, legislation that is a thought, a whim, an idea,” she added. “It  doesn’t have to be constitutional, don’t ever think that any piece of any legislation has to follow  any rules, it does not.” She said one such piece of legislation was in 1950 under the Lands Grant  Act, where, she said, the proof and power of the original land grants was buried in the wording. That was challenged in the Superior Court of Ontario by a group of residents who all shared a  private section of beach that was frequently trespassed upon by the public. The township decided  it would attempt to appropriate the beach section, creating a development plan to do so, from the property owners to create public land. But the residents each secured their CLPGs, which  all proved ownership to the waterfront and court ruled in favour of the private landowners. “(The   township) could not plan for those beaches, they didn’t own it; if you don’t own it you can’t plan  for it,” she said. “All of these plans, they may work on Crown land, they may work on public land,  but when it comes to your land, you are the only one that actually has a plan and that’s your  survey, registered against your title.

“And your title goes all the way back to the Crown Land  Patent Grants because the (grants) are your root of title,” she added, warning that one way the grants have been hidden was altering the  law so lawyers only had to go back 40 years in a title search for property purchase. “You in fact  may not even be able to have the land that you have because they have not done a complete  search from you to the (CLPG).” She told all in attendance they should go about securing their offi  cial, certifi ed copy of the CLPG at a small cost to ensure they know their full rights and exactly  what they own and what, if anything, the government may have access to.

“It will tell you whether you do or you do not own your water, if you have navigable water ways, whether you do or do not own your beaches, it will tell you whether you own your mineral  lights…it won’t even have your name on it, it will be the original patentees’,” she explained. She said in other court cases that landed at the federal Supreme Court, the rulings were “it clearly states  council cannot overrule the reservations or the guarantees of the (CLPGs),” and that the  municipalities, province or federal government has no authority to create legislation that would overrule the patents. “It’s up to you folks to get your patents and start standing up for and  understanding your own rights; when people come on to your land that are offi cials from the municipality or the MNR or whatever, if they are coming there to tell you…‘I’m the bylaw  inspector, you can’t paint your trim pink,’ you can say ‘get off my land, you have no right or authority; I have a contract with the Crown, what do you have…get off my land’. “You have the right to tell anyone and everyone to get off your land unless you have committed a criminal  offence,” she added, so long as the landowner physically has a certifi ed copy of the CLPG, which should be posted and visible.

Metering Private Wells

She said it is even more crucial right now that property owners, regardless of the size of property,  get theirs now. Ms. Marshall said she has read new provincial legislation coming out that identifi  es the government’s desire to put water metres on private wells. “They already have their source  water committees looking at metering wells, private, individual wells,” she said, again warning that depending on what the original negotiation was, the CLPG could say that the Crown has the right  to the water, and in that case, there will be little power to stop a meter going on the well. However, if the CLPG does not clearly identify the reservation of water rights to the Crown, she said the  property owner has every right to deny entry, even to enact a citizen’s arrest for trespassing  against the offi cial. She said the CLPGs outweigh any legislation that may impact a person’s  property and under common law, identify that no person shall pollute, block or alter the fl ow of neighbour’s water, air or land, so environmental protection is already built in, requiring no  additional water or species  protection acts. “These patents are your rights, they are your responsibilities and they are your good-neighbour paper,” Ms. Marshall said. “You have the  authority; these things are also a lot of responsibility, you cannot just go hog wild, it is set in  common law.” She said it is a powerful tool that could shatter many of the current systems in the  country, thus the fear from all levels of government. Ms. Marshall suggested farmers and people in the greenbelts, who had sever limitations put on their ability to develop or use their lands as they see fit, could be due all their appropriated lands back or financial compensation. She referred to  another successful court case of an elderly gentleman in Petawawa, where the local council wished to alter the zoning of his land from rural residential to mineral aggregate against his wishes. Using his land patent grant, that was quashed. The documents have also been used to stop governments from taking over private land mineral rights and she said could overrule –in favour of the original landowners — any international, national or provincial heritage sites, UNESCO sites and formed marsh lands. She said it could throw wrenches into many municipal plans and systems, including water treatment systems and the municipal water act that places people in urban areas on one system. She said under the CLPGs, that is an unnecessary infringement of rights.”

Cape Breton example:

Provincial Crown Land Grants

 

http://public.worldfreemansociety.org/index.php/forum/43-general-discussion/28909-provincial-crown-land-grants

 

I will use Cape Breton Island as an example, but it applies to Nova Scotia (New Scotland), and any other province or territory in which Crown Land Grant Patents where issued to the original settlers.

1.Find the provinces Crown Land Grant Map (Natural Resources Dept) example: (Nova Scotia)
http://www.gov.ns.ca/land/grantmap/htm

2.Compare closely to other detailed maps, example: Geologial and Natural History Survey of Canada 1884
http://www.davidrumsey.com/maps4560.html
These maps are incredible. They indicate all churchs, shops and even better, the homes of the settlers, some are even named.

3.Now compare with the original census of Canada-1881
http://www.collectionscanada.gc.ca/data … 0.01-e.php
(If you are blessed to still hold an original family bible, be sure to check with this very important document as well.)

4.Also, check out the provinces historical vital statistics (here’s Nova Scotia’s)
http://www.novascotiagenealogy.com

Then one could go to their local Lands and Deeds Office (Municipality or County), to search for any old wills from their forefathers (if one exists). One can also ensure a proper search was done on the property in question.

This is a very difficult task, settling old Family Business. Remember, many early settler’s never registered their property nor did they mortgage them. It was recorded by Natural Resources/Reciever General when they recieved the Crown Land Grant, not the county or municipality.

For fun: Old map of Gabarus area (others available from same website): http://www.gov.ns.ca/natr/land/indexmaps/133.pdf

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7 thoughts on “Closer to Home – about Land Grants and the Louisburg-Gabarus highway

  1. Crown Land Grant Patent(s) are very important. People obtain the “deed” to their property, but fail to obtain the Crown Land Grant Patent. They should, all rights and priviledges in relation to the property are contained in the Grant Patent. Some Grant Patents in Cape Breton include all water rights, woods and underwoods, certain mineral rights along with hunting and fishing rights. These rights and priviledges are forever, and transfer to new “owner” when sold. Anyone who cares about their property rights should read:
    http://public.worldfreemansociety.org/index.php/forum/43-general-discussion/28909-provincial-crown-land-grants?limitstart=0

  2. Here is an example of a Land Grant Patent issued in Cape Breton in the mid 1830’s ( I have removed the name for privacy reasons).
    WILLIAM the FOURTH, by the Grace of God of the United Kingdom of Great-Britain, and Ireland, King, Defender of the Faith, and of the United Church of England and Ireland, on Earth the Supreme Head,

    To All to whom these Presents shall come,
    Greeting.
    Know ye that We, of our special grace, certain knowlege, and mere motion, have given and granted, and by these presents, for Us, Our Heirs and Successors, do give and grant unto[/size]……Names of individuals and land description…
    containing in the whole (number) Acres, and hath such shape, form and marks, as appears by a plat there of hereunto annexed ; together with all woods, underwoods, timber and timber trees, lakes, ponds, fisheries, water and water courses, profits, commodities, appurtenances and hereditaments, whatsoever, therunto belonging, or in any wise appertaining ; together with the privilege of hunting, hawking and fowling, in and upon the same ; SAVING and RESERVING, nevertheless, to Us, Our Heirs and Successors, all and singular the Mines of Gold, Silver, Coal, Iron Stone, Lime Stone, Slate Stone, Slate Rocks, Tin, Copper, Lead, and all other Mines, Minerals and Ores, and all beds and seems of Gold, Silver, Coal, Iron Stone, Slate Rock, Tin, Clay, Copper, Lead, and Ores of every kind and description, and other precious Metals, in or under the said Land, with full liberty at all times to search for and dig for, and carry away, the same, and for that purpose to enter upon the said Land, or any part thereof, to HAVE AND TO HOLD the said parcel or tract of (number) Acres of Land, and all and singular other the Premises hereby granted unto the said (Name of individual), heirs or assigns, for ever, in free and common soccage.
    PROVIDED always, and this present grant is upon this condition, that the said Grantees, their heirs or assigns shall and do, within five years from the date hereof, for every fifty acres of the land hereby granted accounted plantable, clear and drain three acres at the least in that part of the land granted which they shall judge most conveinent, or else shall clear and work three acres of swampy and sunken grounds, or drain three acres of marsh, if any such be within the bounds of this grant ; and that for every fifty acres accounted barren, the said Grantee, their heirs or assigns, shall put and keep on the said land, within three years after the date hereof, three neat cattle, which number he or they shall be obliged to continue on the said lands, untill three acres of every fifty of the improvable land hereby granted shall be fully cleared and improved ; AND in case no part of the land hereby granted shall be fit for cultivation, the said Grantee, their heirs or assigns, shall erect thereon, within three years from the dated hereof, a habitable dwelling-house, and put on the said land the like number of three neat cattle for every fifty acres, AND in case the said land, hereby granted, shall be so rocky or stoney as not to be fit for culture or pasture, and the said Grantee, their heirs or assigns, shall employ, within a reasonable time from the date hereof, and so continue to employ for the space of three years next ensuing, one able hand, for every hundred acres, in cutting wood, clearing the land for digging any stone quarry, it shall be deemed a sufficient cultivation.
    AND in case the said Grantee, their heirs or assigns, shall not, withing the space of five years from the date hereof, have fulfilled the several terms and conditions herein prescribed, then this present Grant, and every matter and thing therein contained, shall be void and of none effect, and the lands hereby granted, or intended so to be, shall revert to us, our heirs and successors, any thing herein to the contrary notwithstanding.
    AND PROVIDED also, that no part of the parcel or tract of land hereby granted to the herein before named Grantee be within any reservation heretofore made and marked for us, our heirs and successors, by our Surveyor-General of Woods, or his lawful Deputy, in which case this our Grant for such part of land hereby given and granted by us as aforesaid, and which shall, upon a survey therof being made, be found within any such reservation, shall be null and void, and of no effect, any thing herin contained the contrary notwithstanding. AND PROVIDED also, that this Grant shall be registered in the Secretary’s Office of our said Province of Nova Scotia ; to which registry shall be attached a duplicate of the plan hereto annexed, and a docket therof be entered in our Auditor’s Office, and also in the Office of our Receiver-General of Quit Rents, within three months after signing the same, otherwise this Grant to be void and of none effect. AND in case it shall appear, or be found, that the whole or any part of the lands hereby granted shall be adapted to the growth and culture, or fit for the production, of Hemp or Flax, the said Grantees, their heirs or assigns, shall, and by the acceptance of this Grant he and they do severally bind and oblige themselves, to sow, annually, a proportionable part of the lands hereby given and granted with Hemp and Flax Seed.
    GIVEN under the Great Seal of our said Province of Nova Scotia. WITNESS our trusty and well-beloved (His excellency Colin Campbell) and Commander in Chief, in and over our said Province, this ______day of _______, in the ___ year of our reign, and in the year of our Lord One thousand eigh hundred and __________.

    By his Excellency’s Command, and with the advice of His Majesty’s Council, at a Council held at Halifax, this ______ day __________ one thousand eight hundred and __________.
    Registered at _______o’clock in the day time in the Registry of Grants at the Secretary’s Office, in book letter __ page ___ this ___ day of ___ One thousand eight hundred and _______.

  3. Well, thank you. And that’s interesting. You HAVE to grow hemp! “…they do severally bind and oblige themselves, to sow, annually, a proportionable part of the lands hereby given and granted with Hemp and Flax Seed.”

    I want to be sure I understood the above since sometimes I am not sure who ‘we’ is. It seems like it is ‘the Crown’ represented by His Excellency Colin Campbell, the CIC of NS. And then it further seems that although the grant is in perpetuity, there are many strings attached, and also it can be voided if the lands are deemed Crown Land Forests, for example, or minerals are found, as per:

    “SAVING and RESERVING, nevertheless, to Us, Our Heirs and Successors, all and singular the Mines of Gold, Silver, Coal, Iron Stone, Lime Stone, Slate Stone, Slate Rocks, Tin, Copper, Lead, and all other Mines, Minerals and Ores, and all beds and seems of Gold, Silver, Coal, Iron Stone, Slate Rock, Tin, Clay, Copper, Lead, and Ores of every kind and description, and other precious Metals, in or under the said Land, with full liberty at all times to search for and dig for, and carry away, the same, and for that purpose to enter upon the said Land, or any part thereof, to HAVE AND TO HOLD the said parcel or tract of (number) Acres of Land, and all and singular other the Premises hereby granted unto the said (Name of individual), heirs or assigns, for ever, in free and common soccage.”

    Now I assume some such grants do give complete alluvial rights and so on, but this one does not. And this one has requirements, including 3 cattle per 50 acres and so on, otherwise the deal is void.

    Which I presume means that if someone is going to revive an old claim and it is now on Crown Land, or is an existing mine, or also is in town with no fields and cattle, that technically speaking they have no claim any more?

    BTW, I have no personal interest in this at all, but like studying some of the old and still extant laws and constitutions which are still part of the fundamental structure of present society.

  4. The conditions on the Grant Patent (three neat cattle per 50 acres, ect..) were for the first 5 years…. If and once satified by the grantee, the Patent Grant was issued (For ever in Free and Common Socage, not Fee Estate Simple).

    Everyone has heard: “Possession is nine tenths of the law”…
    The expression is also stated as “possession is nine points of the law”, which is credited as derived from the Scottish expression “possession is eleven points in the law, and they say there are but twelve”.
    books.google.ca/books?id=QDnnAAAAMAAJ&pg…#v=onepage&q&f=false

    The old adage “possession is nine-tenths of the law” is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession.

    “Constructive possession” involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box).
    dictionary.law.com/Default.aspx?selected=1555

    One can tell if they are a tenant to the county by the way their property tax assessment is written. Today, most have their civic address number identifying the land (ie. 123 Fake Street, Lot 24 Fake Street ect. ect..) These folks are at the whim of the government (provincial and county)…. If they think they really own their land, ask them to stop paying their taxes and see what happens….

    Now, some to this day, still recieve their tax assessments acknowledgeing the patent (ie. Grant # 1234). The amount of tax is contained in the Grant Patent. I’ve seen some with NO TAXES, some requiring gold or silver, and some requiring an annual rent of “Pepper Corn” (which is incidently how Municiple governments claim the right to collect taxes).

    One needs to understand the difference between “owning real estate” and “possession of Real Land Property”…. Using a “deed” as proof of ownership is equivalant to nothing more then a tenant lease… The only Title to the land is, and ever will be the Grant Patent. One can update the patent if they aquired the property through a real estate transaction, as apposed to inheritance.

  5. Across the pond (UK), the government has noticed this topic. Indeed, the law is changing and folks are responding. Overthere, they are called “Manorial Rights”….
    Here is a recent article to illustrate my point:
    Villagers’ fury as Lord of the Manor invokes 1773 law allowing him to ‘shoot, hunt and fish’ on their land

    Read more: http://www.dailymail.co.uk/news/article-2152572/Villagers-fury-Lord-Manor-invokes-1773-law-allowing-shoot-hunt-fish-land.html#ixzz2KPD5KXH7

  6. So where does the Government of Nova Scotia get its authority from?
    The Royal Charter of 1621 to Sir William Alexander (Land Grant Patent)
    It is what is known as the “allodial” title. All other grants are “sub-grants” from this title.
    Read both the latin and english translations here:
    http://www.mocavo.com/Nova-Scotia-the-Royal-Charter-of-1621-to-Sir-William-Alexander/695930/29#29

    I’ll post the English translation from the abovementioned site, but the original can be viewed at the Nova Scotia Department of Natural Resources, Halifax. Or you can obtain a certified true copy for a small fee (they’ll mail it to you).

    THE CHARTER OF NOVA SCOTIA, 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 employ-ment, 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, en-deavoured 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 Sanct-mareis 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 north-ward 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 William Alexander, his heirs or assigns, or those whom it shall have happened that he shall have established in his stead, in the said lands, shall seem meet. (Reserving only for us and our successors the tenth part of the metal, commonly called ore of gold and silver, which hereafter shall be dug up or gained.) Relinquishing to the said Sir William, and his aforesaids, whatsoever of other metals, copper, steel, iron, tin, lead, or other minerals, we, or our successors, can in any wise claim, that he may by so much the more easily bear the great expenses of extracting the aforesaid metals: Together with the margarites, commonly called 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 agaihst 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 sub-granting 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 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 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 either shall be exported from the province of Nova Scotia, or shall be imported to the same, over and above the said sum destined for us, ten pounds out of the hundred, for the proper use of the said Sir William, and his aforesaid, by such ministers, officers, or their substitutes, or deputies, or factors, as they shall appoint and designate to this effect. And for the better security and convenience of the said Sir William, and his aforesaid, and of all others our beloved subjects, who shall choose to inhabit the said Nova Scotia, or to carry on merchandise there, and generally of all others who shall not be reluctant to submit themselves to our authority and power, it hath seemed meet to us, and we will that it shall be lawful to the said Sir William, and his aforesaid, to 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, iT 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 it 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 all the limits and seas of the same, as well as minerals of gold and silver, lead, copper, steel, tin, brass, iron, and other mines whatsoever, margarites, precious stones, stone-quarries, woods, coppices, mosses, marshes, lakes, waters, fisheries, as well in fresh waters as in salt, as well of royal fishes as of others, cities, free ports, free burghs, towns, burghs of barony, sea ports, anchorages, machines, mills, offices and jurisdictions, and all other things 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 immunities above 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, out-fangtheiff, 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 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 Or, 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,

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