Costeins instigation) the Indian War, with which we have ever since been infested. Extract of a Memorial from M: Nelson relating to the Country Westward of the River St Croix annexed to the Government of New Yorke. July the 2d 1697. To the Right Honourable the Lords Commissioners of the Council for Trade and Plantations &c. May it please Your Honours &c That having some time since received from Mr Secretary Popple your Lordships commands whereby I am required to lay before your Honorable Board what does appear to me in this present Conjuncture of peace with the ffrench to occur and be conducive to his Majestys and this kingdomes interest in the northern parts of America &c. Having from my Experiences in those Countries of Accadie, Nova Scotia, Canada, and New England, made some reflections upon the 8th Article of the Treaty now concluded with the ffrench King, wherein I finde that Commissioners are to be appointed for the settling of Limits or Exchange of Lands, as also to determine all differences that may arrise &c. Now to the intent that those who shall be so appointed on our part, may not be under surprise or mistake or want. of information, I make bold to prefer unto your Lordships consideration this following Memoriall &c. 1. That whereas one of the greatest interests of this Nation, both for riches and strength, does consist in the maintenance and incouragement of our Navigation and Maritime imployments great care is to be taken that the ffrench do not by virtue of the 7th Article (wherein restitution is to be made them of Port Royall and the Coast of Accadie) exclude us from our Fishery on the said Coasts upon the High Seas, which they formerly have endeavoured to do, and on which pretext they have committed divers depredations and surprisalls of our vessels in time of Peace, the original and ground of their pretentions took its rise from what had been acted under the Government of my late Uncle St Thomas Temple (before the Surrender of that Country to them in the year 1670) who being at a great charge in the building of Forts and otherwise for protection of our Fishery from the neighbouring ffrench and Indians, did levy and receive from every vessell so ffishing (that is to say making or drying of their Fish on the shoares) the summe of five pounds whereon the ffrench at first contented themselves with the said summes for those that made use of their Coasts not pretending or exacting anything for such as made their voyages on the High Seas, or that wooded or watered in their Harbours &c. But in process of time according to the capriciousness of their Governours, they have often Extended their pretensions unto any and every part of the said High Seas, which tho we never did conceede to them, yet they have often taken and made prize of our vessells so ffishing, untill at length some provision and redress was made by the Treaty of Neutrality concluded on in the yeare of 1686 (as I best remember) between My Lord Chancellor Jeffery and other Commissioners then appointed and the French Ambassador Barillen, referrence thereunto ought to be had for a more perfect information in this affaire, but such is the consequence hereof, that in case no permission or settlement be made in express manner and forme, it will be a perpetual cause of disturbance in those parts and will be the obstruction and hindrance of the imployment of above one thousand fishermen, to the impoverishment of those Colonies, the Destruction of Trade, and Diminution of His Majestys revenues, herein likewise is to be considered, that whatever by our fishery is taken out of the Seas, is so much ready money or Bullion imported into the Realm, from foreigne Nations, and as we have justice on our side, so have we had an uninterrupted usage and Custom, from the first settlement in those parts untill of late Yeares, and thô fisheries upon the High Seas have sometimes been the dispute of Nations, yet we finde all to claime an equall right of possessing what they can get in that unstable Element if without use of their neighbours shoares &c. Now to cut off and prevent all ground of dispute it will be of the utmost importance and consequence not only to assert and maintain our liberty and right upon the High Seas as aforesaid, but to renue and Establish that mutuall permission of admitting each other unto the Priviledge of refreshing themselves with all Necessaries, as Wood Water &c for their money on the Coastes and in the Harbours of each others Territories &c. 24 There are other things of deep weight and moment, concerning the Boundaries and Limitations in those vast territories and Trade with the Indians- especially between New York and Canada, wherein the French have and will continually incroach upon us by the advantage they have from the Rivers and Lakes running on the backside of all our Plantations and Colonies, which thô they have no wayes Established, nor have any settlements upon them, yet pretend to appropriate to themselves the sole right of Trafick with the Natives, whereby we shall be confined unto the narrow bounds of our settlements, whereas formerly this Limitation and pretention was unknowne unto us and our people without interruption were free in theire Voyages and Trafick with divers Nationssituate on the Lakes and Rivers aforesaid which priviledge I presume ought to be asserted and continue unto us &c 3d It will be most necessary that such provision and regulation be made for the mutual peace and safety of each other, in regard of the Indians, that neither party shall abett, incourage or supply the Natives in their Wars, or attempts, which they may at any time undertake to the disturbance of either; but on the contrary upon the complaints of the party so suffering, the other shall consult and agree unto such methods, as may be thought fitting to reduce them unto Peace and quiet, for which intent for more safety and assurance, and to remove all suspicions and jealousies, of secret coniving and underhand dealing, it shall be permitted unto the Governours of either party for their own satisfaction as they may think fitting, or the occasion may require, to send or cause to reside with each other such person or persons as they shall see meet, whereby not only to consult and advise, what is to be done for prevention of such mischiefs, but likewise to be Eye witnesses of the faithfulness of each others intentions and proceedings, and for Detection and bringing to due punishment all such particular persons, who for their private advantage, shall at any time infringe the Regulations that may be concluded on this subject &c. The three foregoing heads as I humbly conceive them to be of utmost importance both for His Majestys interest and honour, the peace and prosperity of his subjects; soe doubt not but that your Lordships after due reflection will see cause to make such Reports hereon unto his Majesty or those appointed by him for the settlement of the Plantation affaires that effectuall care may be taken for the securing and estab lishing the tranquillity of those parts and the Trade and Interest of the Nations &c. This being what I have to offer I hope that Your Lordships will favourably overlook the defects you may finde herein, and which is the rather to be excused since it proceeds from the earnest desire I have of contributing what I can unto the publique good, as also in obedience unto your Lordships commands, being with all possible respect your Lordships most humble Endorsed No. 9. to the Fishery on the and most obedient servant Copy of Mr Nelson's Memorial relating Coast of Nova Scotia and other things proper to be had in consideration in treating with the French Commissioners pursuant to the Treaty of Reiswisck. Novemb? the 2nd 1697. A Memorial concerning the English title to Penobscot, and other lands adjacent, to be presented to yo right honble, the Lords Commissioners, of the Councill of trade, and plantations. / King James the first by his Letters Patents, under the great seale of Scotland, bearing date the 10th of September 1621, granted to St William Alexander Lord of Menstrue, and to his heires for ever, all those lands lying in America, called Nova Scotia. The said S William Alexander, by his deed, bearing date the 30th of Aprill 1630, made over all his right, and title, in the aforesaid lands, to S! Claud de St Estienne, Lord of La Tour, and of Vuarre; and to his son, St Charles de St Estienne, Lord of St Deniscourt, and to their heires for ever. The said S Claud and S Charles de St Estienne, were french protestants, who for the liberty of their religion had many yeares before left France; and for their good services done, in promoting the said Plantation, they were both created Baronets of Nova Scotia. About the yeare 1631, King Charles the first consented to |