INTRODUCTION.

The colonization of that extensive territory, situated about the Gulf of St Lawrence, in North America, was a favourite project both of Kings James VI. and Charles I. Into this scheme Sir William Alexander of Menstrie, afterwards Secretary of State for Scotland, entered actively, and was for his exertions rewarded by James by charter, dated 12th September, 1621, whereby he grants to the said Sir William, All and Whole the territory adjacent to the Gulf of St Lawrence, described in said charter, thenceforward to be called Nova Scotia; and constitutes him, his heirs and assignees, hereditary Lords Lieutenant, with powers almost approaching to those of absolute sovereignty. Before this charter was ratified by the Scots Parliament, his Majesty died; when, in 1625, the grant was renewed by his successor in form of a Charter of Novodamus, proceeding upon the above narrative, and conceding, over and above, additional powers to Sir William Alexander.

* He was author of "An Encouragement to Colonies, by Sir Wm. Alexander, Knight.-Alter erit tum Tiphis, et altera quæ vehat Argodilectos Heroas. London, Printed by William Stansby, 1625." Small

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These charters are in the usual form of feudal conveyances as employed by the law of Scotland, but erecting Nova Scotia into a Barony, and declaring sasine at the castle of Edinburgh to be equivalent to sasine on the lands themselves. In them Sir William Alexander was infeft by sasine, dated 29th September, and recorded in the General Register of Sasines 1st October, 1625. They were all afterwards confirmed by Act of the Scots Parliament 1633, c. 28. The original documents are lost, but copies are preserved in the Register of the Great Seal.

Sir William sent to Canada one of his sons, who built forts at the mouth of the St Lawrence, and exercised other acts of authority. But the work of colonization proceeded slowly, and King James, with a view to facilitate it, fell upon the expedient of creating the order of Nova Scotia Baronets, which title was to be conferred on such individuals of good families who should engage therein. This arrangement was carried farther into effect by Charles I. who made such creations a source of revenue. The form adopted was:On receipt of a certain sum of money, to bestow a grant of sixteen thousand acres of land in Canada; this was erected into a barony, and the honours of a baronet of Nova Scotia appended thereto. The order was subsequently extended to natives of England and Ireland, provided they became naturalized Scotsmen.

Owing to his transatlantic speculations and other causes, Sir William Alexander became impoverished, and his property in Scotland became deeply involved. The French had a small colony in Canada, and he sold his entire possessions in that country to a Mons. De la Tour. The original Scots colony depended on the

crown of Scotland; it was ceded to France by treaty of St Germains, 29th March, 1632,* was reconquered by Cromwell; again surrendered by Charles II.; and in 1713 became and continues a British colony, without reference to any previous grants to Sir William Alexander. Even if Sir William had not alienated whatever right he may have had in Nova Scotia, before the above treaty of 1632, it was completely extinguished by that and subsequent confederations.

Sir William was created Earl of Stirling by Charles I. by patent dated 14th June, 1633. It carries the title to himself and his heirs male bearing the surname and arms of Alexander. The original is not extant, but is recorded in the Register of the Great Seal. Subsequently, on 23d January, 1636, the Earl expede a charter under the Great Seal, of his lands of Gartmore, Tullibody, Tillicoultry, &c. with the destinations

"De la part de sa Majesté de la Grande Bretagne le dit Sieur Ambassadeur, en vertu du pouvoir qu'il a, lequel sera inser en fin des présentes, a promis et promet pour, et au nom de sa dite Majesté, de rendre et restituer à sa Majesté très Chrêtienne tous les lieux occupés en la Nouvelle France la Cadie et Canada par les sujets de sa Majesté de la Grand Bretagne, iceux faire retirer des dits lieux, et pour cet effet, le dit Sieur Ambassadeur delivrera lors de la passation et signature des présentes aux Commissaires du Roi très Chrêtien, en bonne forme, le pouvoir qu'il a de sa Majesté de la Grande Bretagne pour la restitution des dits lieux, ensemble les commandemeus de sa dite Majesté à tous ceux qui commandent dans la Port Royal, Fort de Quebec, et Cape Breton, pour etre les dites places et Forts rendus et remis es mains de ceux qu'il plaira à sa Majesté très-Chrêtienne ordonner huit jours apres que les dits commandemens auront été notifiés à ceux qui commandent ou commanderont es dits lieux, le dit temps de huit jours leur étant donné pour retirer cependant hors des dits lieux places et Forts leurs armes, bagages, marchandises, or, argent, ustensiles, et generalement tout ce qui leur appartient: auxquels, et à tous ceux qui sont es dits lieux, est donné le terme des trois semaines après les dits huit jours expirés, pour durant icelles ou plutot si faire se peut, rentrer en leur navires avec leurs armes et munitions, bagages, or, argent, ustensiles, marchandises, pelleteries, et generalement tout ce qui leur appartient, pour de la se retirer en Angle terre, sans sejourner davantages es dits pays."

The full instrument is printed in Rymer's Foedera.

contained in the patent of 1633. He is said to have died in 1640, and the title-deeds of the present proprietors of these lands prove that they were adjudged from his family for debts after that period.

The Earldom of Stirling, limited to heirs male, became dormant in 1739,* and it is supposed that no male descendants of Sir William Alexander now exist.

On 14th December, 1761, a person born in America, and designing himself William Alexander, Earl of Stirling, petitioned for restoration of the title as heirmale of the first earl under the patent of 1633.† The petition was referred to the House of Peers, and rejected 10th March, 1762. This claimant confined his claim to the honours of the patent of 1633, limited to heirs-male.‡

* We find in the Caledonian Mercury of October 2, 1733, this notice of the last Earl of Stirling :- "On Sunday, the Right Honourable the Earl of Stirling of N. Britain waited on their Majesties at Court. It is remarkable his Lordship was not at Court since the second year of K. William III. choosing to live private, and is 80 years old. He was introduced by Sir Robert Walpole, and graciously received."

+ Journals of House of Lords, sub annis.

It would appear, however, that, although this individual made no

It

formal claim to the general estates, he assumed a right to the lands in Canada, possibly from the state of affairs in America at that time. may be, that his share in the rebellion arose from the decision of the House of Lords against him. See in Mr Maidment's “ Analecta Scotica," I. p. 169, the following curious note:

"The earldom was assumed by William Alexander, an American, as descendant of Andrew, the patentee's uncle. Although his claim to the peerage was rejected by the House of Lords, he, nevertheless, continued to be styled Earl of Stirling. When the disputes arose between Great Britain and America, he sided with the latter, and rose to the rank of a general in the rebel service, as it was then called. He was taken prisoner in Long Island, and shortly after his capture, the following remarks on his claim to the earldom appeared in one of the newspapers of the time :

"TO THE PRINTER, &c.

Many of your readers are, with great justice, surprised that General Howe, as well as some of the American governors, should be so ill acquainted with the peerage of their country, as to give the title of lord

Not so, however, the next individual in the field -Mr Humphrys. He modestly lays claim, not only to the Earldom of Stirling, but also to the whole territory in Canada, besides the Scotish estates pertaining

to the rebel general Alexander, by the title of Lord Stirling. You may, from good authority, inform the public, that he is not in the least related to the late Earl of that name. Some years ago, this person attempted to impose himself on government as the nighest akin to that nobleman, and wanted to assume the title; but being unable to produce any credentials, his petition was thrown out. That title has been extinct ever since the death of Sir William Alexander,* created Earl of Stirling, who died in the year 1641, a man of great learning and abilities, and famous for his poetry. His corpse was deposited in a leaden coffin, in the family aisle, in the church of Stirling, above ground, and remained entire till within these thirty years. Being much involved in debt at his death, and his descendants very poor, they never thought of making good their title to that dignity, till a very considerable time thereafter; but the mansion-house, or church, which stood upon the banks of the river Devon, near Stirling, in which the records of the family descent were deposited, being swept away by a rapid current of the river after an uncommon fall of rain, rendered it impossible for the nearest akin to the family to make good his claim to the title. Several branches of this family still live at a village called Mainstry, on the above river, about three miles from Stirling in Scotland, the oldest of which is the fourth in descent from the earl, and is a reputable farmer, and known by all the old people about that part of the country to be the real and nearest descendant of the Earl of Stirling.'t

"The American earl (whose right to the title, notwithstanding the judgment of the House of Peers, seems to have been well founded) claimed, as representing the first lord, a large tract of land, which he advertised for sale. Upon this coming to the knowledge of Francis Bernard, Esq. Governor of the province of Massachusetts, he issued the following proclamation :

"Whereas the Earl of Stirling hath published advertisements for the sale of a large tract of land, situated on the east side of Penobscot river, and for leasing another large tract in the eastern parts of this province, extending from St Croix to Pemaquid, to which he has laid claim by virtue of a grant made in the year 1635 to William Alexander, first Earl of Stirling, by the council established at Plymouth.

"And whereas by a state of the title of this province, to the country between the rivers Kenebec and St Croix, prepared by a committee of the General Court, and printed in 1763, by order of the said Court, it appears that the persons claiming under the said Earl of Stirling, have no right or title whatever to the said country, or any part thereof; and it is asserted in behalf of the province of Massachusetts Bay, hath a clear and undoubted right and equitable title to the soil and jurisdiction of the said country, and every part thereof, under such restrictions and limitations as are expressed in the province charter.

Mistake.

↑ He might have been the nearest heir-male, but he could not have been a descendant in the male line of the first earl.