Sect. V.
Accadia, or Nova Scotia.
Nova Scotia, or New Scotland, formerly call’d Accadia, is commonly accounted a part of New France, (viz. that part which lying on the South side of the River Canada, and shooting South-Easterly into a bosom of the Sea, forms it self into a Peninsula, between the Gulph of St. Lawrence, and the Bay Francoise) nevertheless, because of the different concernments of this part of the Countrey, in regard the right of claim to several places in this district, most especially of all Nova Francia besides, hath been long in dispute between Us and the French, it will be most convenient to Treat of it apart; and because the Series of Affairs, from its first discovery, till of late years, appears faithfully represented on the English part, in a Remonstrance Address’d to the King and Council by Sir Lewis Kirk, and his Brother John Kirk Esquire; it will not be amiss (onely adding some few things upon occasion) to follow exactly the Narration of Affairs, deliver’d in the said Remonstrance to this effect.
“1. The whole Tract or Space of Land in America, lying on either side of the River Canada, which a long time since were known by the Names of Nova Francia, and Nova Scotia, were at first discover’d and found out by the English, in the time of Henry the Seventh, King of England; which Expedition was first undertaken at the Command and Charges of that King; afterwards further’d and carry’d on by the favorable Aspect of Queen Elizabeth; so that in process of time, for many years together, the said Tract of Ground, with absolute Priviledge of free Commerce, fell under the Jurisdiction and Power of the Crown of England: Neither was it unto any other Christian Princes, or their Subjects more clearly known or discover’d, untill about the year 1600. some of the French understanding the benefit arising by Traffique in the River of St. Lawrence, having formerly seiz’d upon that Tract of Land, situate on the North side of the said Floud or River Canada, did afterwards, in Anno 1604. (under the Conduct of Peter de Gua, Lord of Monts, who in the year 1606. was follow’d by Monsieur de Pourtrincourt) Possess themselves of L’Accadie, lying on the South side of the said River, naming the whole Nova Francia, challenging to themselves for many years, at least de facto, the Possession thereof, with sole liberty of Commerce there.
“2. In Anno 1621. King James of England looking upon the Possession gotten there by the French, as upon an Invasion, did by his Letters Patents Grant unto Sir William Alexander a Scotchman (Created afterwards Earl of Sterling, by King Charles the First) L’Accadie, by the Name of Nova Scotia; who in the year 1622, and 1623. after Sir Samuel Argal had driven out Biard and Masse, and demolishing their Fort, carry’d them Prisoners to Virginia; having obtain’d the Possession thereof, they Planted a Colony therein, and kept Possession for about two years after, until such time, as upon the Marriage of his Majesty King Charles the First, with the Lady Henrietta Maria, the said L’Accadie, or Nova Scotia, was by Order of the King of England return’d into the Possession of the French.
“3. Afterwards a War arising between his Majesty King Charles the First, and Lewis the XIII. Anno 1627. and 1628. Sir David Kirk and his Brethren and Relations of England, did by vertue of his Majestie’s Commission, send to Sea (at their great charge) first three, afterwards nine Ships, with Warlike Preparations for recovering of the Possession of the said Lands, lying on either side of the said River Canada, and to expel and eject all the French Trading in those Parts, wherein they had good Success; and in Anno 1627. did there seize upon about eighteen of the French Ships, wherein were found a hundred thirty five Pieces of Ordnance, design’d for relief of the Royal Fort in L’Accadie, and Quebeck in Nova Francia, under the Command of Monsieur de Rocmand, and Monsieur de la Tour, Father of de la Tour, Governor of the said Royal Fort, whom, together with the said Ships and Guns, they brought into England; and in the year 1628. they Possess’d themselves of the whole Region of Canada or Nova Francia, situate on the North side of the River, together with the Fort or Castle of Quebeck, Sir Lewis Kirk being then constituted Governor of the place, the French being then either expell’d or convey’d into England, and the Arms of the King of England being publickly there erected, and every where plac’d; and before the year 1628. it was brought to pass by the said Sir William Alexander, (assisted both by the advice and charge of the said Kirk) that in the parts of L’Accadie, or Nova Scotia, on the South side of the River Canada, the whole place, with the Forts thereon built, being by him subdu’d, presently came under the Power of the King of England; that Region on the South side falling into the Possession of the said Sir William Alexander, and that on the North side, into the Possession of the Kirks.
“4. On March 29. 1632. a Peace being concluded between King Charles the First, and Lewis the XIII. it was amongst other things on the part of the King of England agreed, That all the Forts, as well in L’Accadie as in Nova Francia, should be restor’d into the Possession of the Subjects of the French King, which was exactly perform’d on the part of the English, though to the great damage of the Kirks; but on the part of the French, although it was agreed, as in the fourth and fifth Articles of Peace is set down, (to which reference is had) yet nothing was ever perform’d of their parts; so that the Kirks did thereupon suffer loss, to the value of five thousand Pounds Sterl. which were to be paid them by Monsieur de Cane a French-man, but remain unpaid to this day.
“5. Anno 1633. the King of England taking notice, that although the Forts and Castles, according to the League, were deliver’d up into the Possession of the French, (especially such as had been erected during their Possession thereof) yet that his English Subjects were not to be excluded from Trade or free Commerce, in those Regions that were first Discover’d and Possess’d by his Subjects, did, with the advice of his Council, by his Letters Patents, Dated May 11. 1633. upon consideration had of the Expences, which the said Kirks had laid out upon the reducing of that Countrey with the Fort of Quebeck, to the value of 50000lb.; and also of their ready obeisance in resigning up the same on his Royal Command, Grant unto Sir Lewis Kirk, and his Brother John Kirk and his Associates, for the term of thirty one years (not yet expir’d) full Priviledge, not only of Trade and Commerce in the River Canada, and places on either side adjacent, but also to Plant Colonies, and build Forts and Bulwarks where they should think fit.
“6. By vertue of which Commission, Sir Lewis Kirk and his Brother John Kirk, and his Associates, in the Moneth of February next following, viz. in 1633. set forth a Ship call’d The Merry Fortune, Laden with Goods of a considerable value, consign’d to those parts, where during her Trading there, without any just offence given; and in time of Peace, she was by the French forceably seiz’d on, and carry’d into France and her Lading, as if she had been lawful Prize, Confiscated; whereupon the Kirks suffer’d loss, to the value of twelve thousand Pounds. And although the Lord Scudamore, Ambassador in France, by the King of Englands special Command, and the said John Kirk being there in Person, by the King’s Command, did often earnestly urge, that the Moneys due to the said Kirks, and the said Ship, with her Lading, might be restor’d, which for no other cause had been seiz’d upon and sold, but only for that by the King’s Commission she was found Trading at Canada; yet he could obtain nothing, but after some years fruitless endeavors return’d into England without accomplishing his desires.
“7. In the year 1654. Cromwel, although an unjust Usurper of the Government, yet upon consideration of the Premises, taking a just occasion for requiring the Possession of L’Accadie, sends forth several Ships under the Command of one Sedgwick, who by vertue of the Authority granted him by Cromwel, assaulted and subdu’d the aforesaid Forts in Nova Scotia, and restor’d them into the Possession of the English: And although in the year 1655. a League of firm Peace and Amity being concluded between Cromwel and the French King, the French Ambassador did often urge the Restitution to the Possession of the French; yet for the same causes aforesaid, which had mov’d Cromwel to seize upon them, it was thought fit still to retain the Possession of them; and although according to the purport of the twenty fifth Article of the Peace, Commissioners on both sides were to be appointed for the deciding and determining that Controversie; yet nothing was done therein, neither did the Commissioners ever meet within three Moneths, as in the twenty fourth Article of the Treaty was provided and agreed: So that now the case is very clear, that the Possession to the English remains firm and just, and that the Forts and Bulwarks before specifi’d, are without all peradventure under the Power and Jurisdiction of the King of England.”
Since the Restauration of his present Majesty, the French Ambassador representing unto the King the Pretensions of the French unto the several Forts and other places in Accadie, and urging the non-performance of the Articles of Agreement between Oliver Cromwel and the French King, mov’d the King of England, As a profess’d Enemy to all Violence, for a Restitution of all the Forts and other places which were then in the possession of the English: Not long after which, whether upon the Ambassadors request, or upon other important Affairs intervening, or upon what other ground soever it were, the French were suffer’d to re-enter on the foresaid places, and do yet keep Possession of them, till such time as the English claim under the just Title of the Kirks, shall meet with some fit occasion of being reviv’d.