DRAFT OF LETTERS PATENT OF GRANT TO JOHN SHOOLBRED.
Q. 38, p. 92.
George the Third by the Grace of Great Britain France and Ireland King, Defender of the Faith &c.
To all to whom these presents shall come or may concern Greeting. Whereas we did lately give order for the granting divers parcels of Land, Benefits and Advantages, within our Province of Quebec to John Shoolbred of London, Merchant as by the said order bearing date the Twenty Ninth day of June in the Twenty Sixth Year of our Reign or the Record thereof reference being thereunto had may more fully appear. And whereas in pursuance of the Applications made to our Governor and Council of our said Province such proceedings have been had towards carrying our said order into Execution, that, on the Report of our Surveyor or deputy Surveyor General approved by our said Governor and Council of the said Province there hath been set off for the said John Shoolbred the following Tracts and Parcels of Lands in the Bay of Chaleurs, vizt. a certain Lot or tract of Land lying at Bonaventure beginning at the South Extremity of the public Road which leads from the Harbour of Bonaventure to the Settlement on the North Bank, thence running nearly North East to the extreme point of the said Bank, and bounded by the course of the Harbour, thence still bounded by the course of the said Harbour nearly North West two hundred and Sixty four feet, thence South West parallel to the first course, to the public Road, thence South East two hundred and Sixty four feet to the first Station. Also a Lot of Land and Space of Ground whereon was built a Store House situate four hundred and forty four feet from the North East point of the said Bank and East of the Public Road, which with an allowance of fifteen feet on each side, and behind the Space whereon the said Store stood containing five thousand and thirty five square links. Also the Lots of Land and Space of Ground whereon were built two other Store houses with fifteen feet on each side, and behind each of the spaces of Ground whereon the said Stores Stood ; the one situate two hundred and forty feet from the South end of the Bank and one hundred and Sixty feet West of the Public Road, containing three thousand Eight hundred and twenty two links square ; and the other situate twenty feet distant from the North West Corner of the last mentioned Ground whereon the said Store formerly stood, containing five thousand and thirty five square links ; the said Several Lots or Parcels
of Land above mentioned containing in the whole One Acre one rood and twenty one perches ; Also a certain other tract of Land lying at Percé, between the Bays of Chaleurs and Gaspé, adjacent to the Island of Bonaventure, being the last fishing Post at present Settled and Established on the North Beach leading to Mount Joli, at Percé aforesaid, bounded on the West by a Deep Gréve or Ditch adjoining to a fresh water Brook, thence running East seven Chains of Sixty Six feet each along the Bank, thence South ten Chains, thence West Seven Chains, thence North parallel to the second course unto the first Station containing Seven Acres. Also a certain other tract of land situate on the Westermost Extremity of Chaleurs Bay running up the River Ristigouche about fifteen miles to the first point of Land below Battery Point, beginning at a boundary line one hundred and fifty Chains East of the bottom of the Eastermost bay of Nouvelle Bason running back North twenty two Degrees East to the Mountains thence bounded by their course at an average Depth of Forty Chains from High water mark to their base round Nouvelle Bason Westward to a small Cove three hundred Chains West of the said first mentioned Bay bearing from the Northermost extremity of Migoacha Point being a Sand bank. South eighty four Degrees East, and North eighty four Degrees West, the superficial content of the said last described lands is two thousand and Eighty Acres. Also a tract of Land beginning at the aforesaid Cove, and running the Several Courses of Point Migoacha to the Western Extremity of a Salt Marsh distant from a Point where the inaccessible Coast begins, about Eighty Chains, thence to the said Point containing one thousand Six hundred Acres. Also a certain Tract beginning at the first mentioned point below Battery Point North Nineteen Degrees and a half, East Eighty Chains, thence South Eighty Eight degrees East eighty nine Chains, thence North thirty three Degrees East Eighty Chains, thence North Eighty three Degrees East Sixty Nine Chains, thence North fifty Six Degrees East One hundred and Seven Chains, thence South Eighty Degrees East twenty three Chains, thence South fifty Degrees East fifty Eight Chains, thence South Sixty Seven Degrees East forty nine chains, thence North Sixty Eight Degrees East Eighty Eight Chains, thence South Sixty Six degrees East fifty Seven Chains, thence South Sixty five degrees East Eighty four Chains, thence South Seventy three Degrees East one hundred and fifty Six Chains, thence South thirty nine Degrees East ninety five Chains, thence South twelve Degrees East one hundred and Seventy five Chains, thence South Eleven Degrees East fifty five Chains, thence South Fifty six Degrees West forty five Chains to Yacta Point containing Six thousand five hundred and fifty Acres, more or less, as by the Minutes of our Council for the said Province Reference being thereunto had may more fully appear. And Whereas by our Royal Instructions dated at St. James's the Twenty third day of August in the said twenty Sixth Year of our Reign we did command that in Executing the Power and Authority given by our Commission to our said Governor with the Advice and Consent of our said Council to settle and agree with the Inhabitants for such Lands Tenements and Hereditaments as we had power to dispose of, the same be granted in Fief or Seigniory in like manner as was
practised antecedent to the Conquest of the said Province, and on the Report made to our said Governor and Council by John Collins Esqr. our Deputy Surveyor General, James Monk Esqr. our Attorney General, Jenkin Williams Esqr. our Solicitor General & Francis Joseph Cugnet Esqr. Clerk of the Terrars of our Royal Domain it appeared to our said Governor and Council, that the Grants of Seigniories, in the said Province had been made Subject tho' not in every instance with all the same Charges, conditions and Reservations yet with more or less of the Charges Conditions and Reservations following to wit of holding in Fief and Seigniory to bear Faith and Homage at the Castle of St. Lewis at Quebec and to be held of the same to the usual Duties and Dues according to the Custom of Paris practised in this Country, to preserve and to cause to be preserved by the Terretenants Oake and Wood fit for Masts and the construction of the King's Vessels, to give information to the King or the Governor of the Country of Mines, Minerals & Ores found in the Extent of the Granted Seigniory, to make Settlement and Residents thereon and by the Tenants thereof to clear the Land by various specific periods of Years, and in some instances with indefinite terms open to reasonable construction, to leave Roads and ways necessary for public Utility, to leave the Shores free to all fishermen with exception to such parts of the Shores which the Seigneurs shall have held of for their Fishing to oblige the Censitaires to erect Buildings and Stock their Concessions with Cattle, and the Seignior to make Concessions at the accustomed Cens et Rentes and of one Arpent in front by forty Arpents in Depth, to resurrender to the Crown such Portions of the Land as might be wanted for Fortifications, Batteries, Magazines and public Works, to take Trees necessary for these Works, and firewood for the Garrison of such Forts without charge for compensation or Indemnity, and Red Firs or Pines for the making Tar and Pitch, which conditions were declared to be under the pain of Forfeiture Eviction and Expulsion from the Land so granted, with the further declaration in Express Terms of the Concession or Grants being subject to the King's Pleasure, and the Grantees being bound to sue out the Ratification or Confirmation within a Year from the date thereof. And Whereas our said Governor with the advice and consent of our said Council deeming it expedient until we shall see cause otherwise to command respecting the Disposition of our Lands and Territories in the said Province that our Patent to the said John Shoolbred pass subject to all and every the Charges Conditions and Reservations at any time practised in the Grants of Seigniories within the same Province antecedent to the Conquest thereof and above particularly expressed. Know Ye therefore that of our special Grace certain knowledge and meer Motion we have given granted and confirmed and for us our Heirs and Successors we do give grant and confirm unto the said John Shoolbred his Heirs and Assigns for ever all and every the Lands Tenements and Hereditarnents herein before particularly Described together with the Right and Priviledge of Fishing and Hunting within the same Lands to which we give the name of . . . . To have and to hold the same to the said John Shoolbred his Heirs and Assigns to the only proper use and behoof of the said John Shoolbred His Heirs and Assigns for ever in fief and Seigniory with the
Right and Priviledge of Fishing and Hunting throughout the whole of the Lands aforesaid—charged to bear faith and Homage at our Castle of St. Lewis in our City of Quebec, of which it shall be held to the accustomed Duties and Dues according to the custom of Paris practised antecedent to the Conquest in the said Province, Provided always and these Presents are upon this express condition that if the said John Shoolbred His Heirs or Assigns shall make Default in performing consenting to and complying with all or any of the Clauses above to be contained as Charges Reservations and Conditions used in any Grant or Grants of Seigniories within the said Province and antecedent to the Conquest thereof or shall by any ways or means impede withstand or obstruct the Execution of the said Clauses any or either of them or if the said John Shoolbred his Heirs or Assigns shall not at all times permit His Majesty's Good and faithfull Subjects employed in Fishing or in the Vicinity of the said Lands to have free ingress and egress to and from the Lands aforementioned for the purpose of fishing on the Beach or Shore and Cutting and carrying wood from the same Lands for fuel and other uses necessary and expedient for the better carrying on the Business of their said Fisheries, that then and in case of the Breach of any or either of the conditions above mentioned this our present Grant and every thing therein contained shall cease and be absolutely void, And the Lands and Premises hereby Granted shall revert to and revest in us our Heirs and Successors as if the same Grant had never been made any thing herein before contained to the contrary notwithstanding.
In Testimony whereof we have caused these our Letters to be made Patent and the Great Seal of our said Province to be thereunto affixed and the same to be registered and inrolled in one of the Books for the Recording or Inrollment of our Letters Patent in the Secretary's Office for the said Province remaining. Witness our Trusty and well beloved Guy Lord Dorchester our Captain General and Governor in Chief of our said Province, at our Castle of Saint Lewis in our City of Quebec this Twenty fourth Day of July in the Year of our Lord One Thousand Seven hundred and eighty eight, and of our Reign the Twenty eighth.