Disbanded Soldiers on the Lovat Estates, 1764

This poetic scenery captures a solemn winter migration beneath Castle Dounie, perched atop a snow-cloaked hill. Under a luminous magenta-and-blue sunrise, a family and their Shetland sheepdog traverse a frost-laced path beside a covered wagon drawn by horses. The snow-laden landscape is rich with texture—each tree and shrub delicately brushed with white. Birds dot the vibrant sky, adding life to the tranquil, chilly morning. The composition is perfectly balanced, evoking both the hardship and quiet dignity of Highland life during the Seven Years’ War. It’s tender, timeless, and powerfully human. (Jeffrey Campbell, Snowbound, 2025)

Disbanded Soldiers on the Lovat Estates, 1764

Listed as 'King's Cottagers,' the following men who served in Colonel Fraser's 78th Regiment of Foot in North America, 1757-1763, returned home at the end of the war and settled on the fortified Lovat Estates. Typically, their post-military roles included the occupations of  tradesmen and day laborers who worked on the local farms and in the small villages nearby.

There were 58 houses built upon this Estate, of which 54 were occupied by men from both Colonel Fraser's Regiment, and other various military regiments, including Campbell's, Johnston's, Sutherlands, McLean's, Petitot's, Leighton's, Oughton's, Carr's, Murray's, Brudnell's, and Keith's Regiment. The local Factor found it necessary to give two of the houses built at Chrochell's as a school and schoolhouse for the accommodation of a schoolmaster settled there, and was also been obliged to give two houses built at Castle Dunie [Dounie or Downie - presently Beaufort Castle] to a flax dresser and spinning mistriss.

Total expenses included:

Erect buildings: £10.12.2

Money loaned for aids to prosecute men's trades: £5.0.0

Travel charges; purchasing household furniture: £3.8.0

Cover sheet:

List of disbanded Soldiers settled on the annext Estate of Lovat as Tradesmen and Day Labourers under the denomination of King's Cottagers, 1764

Donald Fraser

Regiment: Frasers

Time of Service yrs.: 7

Place of Birth: Kilmorack Parish, County Inverness

Years of age: 30

Profession: Day Labourer

Village or Farm where settled: Barnyards

When settled: April 28th, 1764

Findlay McKearick

Regiment: Fraser's

Time of Service yrs.: 7

Place of Birth: Kilmorack Parish, County Inverness

Years of age: 40

Profession: Day Labourer

Village or Farm where settled: Ardnacrask

When settled: Sepr. 28, 1764

Thomas Campbell

Regiment: Fraser's

Time of Service yrs.: 7

Place of Birth: Kilmorack Parish, County Inverness

Years of age: 31

Profession: Day Labourer

Village or Farm where settled: Relig

When settled: Aprl. 28th, 1764

Dougall McDonald

Regiment: Fraser's

Time of Service yrs.: 7

Place of Birth: Kilmorack Parish, County Inverness

Years of age: 50

Profession: Day Labourer

Village or Farm where settled: Chrochell

When settled: July 7th, 1764

Alexander Macra

Regiment: Fraser's

Time of Service yrs.: 7

Place of Birth: Kilmorack Parish, County Inverness

Years of age: 29

Profession: Day Labourer

Village or Farm where settled: Chrochell

When settled: Sepr. 5th, 1764

Donald Kennedy Junr.

Regiment: Fraser's

Time of Service yrs.: 7

Place of Birth: Kilmorack Parish, County Inverness

Years of age: 40

Profession: Day Labourer

Village or Farm where settled: Chrochell

When settled: Augt. 28th, 1764

Unmarried Men

John Chisholm

Regiment: Fraser's

Time of Service yrs.: 7

Place of Birth: Kilmorack Parish, County Inverness

Years of age: 27

Profession: Day Labourer

Village or Farm where settled: Lovat Estate

When settled: July 7th, 1764

Beaufort 10th Novr. 1764 [signed] John Forbes

Notes: It is presumed initial building and living expenses were laid of by the local Factor, then reimbursed by the Scottish Government.

While the list does not constitute an official roster of men who returned to Scotland, it can be consulted in concert with the men admitted to Royal Chelsea Hospital as pensioners as an unofficial list.

Works Cited:

National Records of Scotland, Ref: E787/28, p.1-4.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2023.

Land Petition of Serjeant James Ross, 78th Regiment

As the golden light of early morning stretches across the flat farmland near Chaleurs Bay, a veteran of the Seven Years’ War grips the handles of his wooden plow, guiding a two-oxen team through the soil of his newly granted Crown land. Awarded to soldiers who chose to remain in North America after the war’s end, this land represents both reward and responsibility. With a loyal Pyrenean Mountain Dog at his side and the crisp air of Quebec's eastern frontier in his lungs, the soldier-turned-farmer begins again—not with a musket, but with earth, sweat, and the quiet labor of peace. (Jeffrey Campbell, Peace Beneath the Plow, 2025)

Land Petition of Serjeant James Ross, 78th Regiment

To his Excellency Ld. Henry Moore [page cut off] Captain General and Governor in Chief in [cut off] the Province of New York and the Territories depending thereon in America, Chancellor and Vice Admiral of the same. In Council

Humbly Shewith that your Petitioner being entitled to two Hundred Acres of Land as a reduced or disbanded uncomanding officer having serv'd his Majesty in North America during the Warr as appears by Certificate And did by his Petition form presented to the Honourable Calwaller Colden Esqr: pray a grant for the said Quantity of Land that might be found vacant in this Province. And your Petitioner now prays, that the said Quantity of two Hundred Acres may be located in Improvable Land in the County of Albany on the East side of Lake Champlain to the North of the Lands Petition'd for by William Barron late Lieutenant; [cut off] along the said Lake and that he may have his Majestys Letters [cut off] for the same upon the Terms express'd in the Royal Proclamation.

And your Petitioner shall ever pray &c.

[signed] James Ross

21 : 66 [volume/page]

New York 22d June 1766

This is to certify that the Bearer James Ross served as Serjeant in the 78th Regiment commanded by Colonel Fraser & in Captain Donald McDonells Company, was afterwards discharged from the same & employed as a Clerk in the Hospital ~

[signed] Alexr. Fraser

Lieutenant in the late 78th Regiment

Cover sheet:
Serjeant Jam: Ross Petition for a Location on the Eastside of Lake Champlain
Presented 8th of July 1766

1766 July 18 Read in Council

Notes:
1. "The Calendar of N.Y. Colonial Manuscripts Indorsed Land Papers; in the Office of the Secretary of State of New York, 1643-1803" (Albany: 1864) lists all documents on the first series of "Land Papers" as they were rearranged in 1819. There is an index to the personal names and to land tract names or geographical locations at the back of the volume. The series consists of applications for grants of unappropriated land by letters patent from New York Colony and State.

2. Considering Captain Donald McDonell's name appears as "killed in action" on 28 April 1760 at the Battle of Sainte-Foy, and that the serjeant's name does not appear on either the roster of invalid soldiers or the surviving muster rolls produced in 1763, his discharge from the army c.1760 is indicative of a three-year enlistment contract typically found among non-commissioned officers. A study of several regimental reenlistment rosters indicates soldiers enlisted for three years, or for “duration of war,” whereas commissioned officers found in the 42nd Foot renewed their commissions after four years.

3. Serjeant Ross may have clerked at the Hotel Dieu Hospital, Quebec, as this was the nearest medical facility to Governor James Murray's Quebec garrison. Further research would be needed to confirm. About 1764 Admiral Mabane (Surgeon to the Garrison), in correspondence with Governor Murray, estimated the hospital's yearly operating budget at £30 sterling for clerical services.

Works Cited:

New York State Department of State Applications for Land Grants, 1643-1803. Series A0272, volume XXI, p. 66. New York State Archives, Albany, New York.

“Return of the officers, that were Killed, Wounded, Taken Prisoner, Missing &c, on the 28th of April 1760.” LAC, Northcliffe Collection: Series 1: Robert Monckton Papers :, Microfilm reel C-366.

Mabane to Murray, "Estimate of the Annual Expenses of His Majesty's Hospital in the Garrison of Quebec as near as they can be ascertained." 1764-65. LAC, Letterbook/Copie de lettres, 1763-1771, RG 4, C 2, vol. 1.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2021.

Land Petition of Serjeant Alexander Fraser, 78th Regiment

This historical image depicts a British soldier turned settler unloading supplies with his family outside a log cabin in colonial North America. After the Seven Years’ War, British land grants offered to soldiers served as a powerful recruitment and retention incentive. These Crown-issued grants encouraged continued service and permanent settlement, helping maintain army manning levels while reinforcing Britain’s colonial presence. By promising land ownership and opportunity, the British military appealed to veterans seeking stability. This pioneer homestead scene illustrates how land incentives became a vital postwar strategy, linking military service with expansion, loyalty, and long-term population growth in British North America. (Jeffrey Campbell, British Soldier Land Grant Settlement After Seven Years' War, 2025)

Land Petition of Serjeant Alexander Fraser, 78th Regiment

Pursuant to an Order in Counsil from the Honourable Cadwallader Colden Esqr. Lieutenant Governor and Commanded in Chief of the province of New York and the Territories depending thereon in America Bearing Date the twentyfirst day of March Last past.

Surveyed for Alexander Fraser Late a Serjeant in his Majestys Seventy Eight Regiment of Foot and in Collonel Fraser's Company all that Certain tract or Parcell of Land situate Lying and being in County of Albany on the East side of Hudsons River  Beginning at the Southwest Corner of a tract of Land Surveyed for Dugal McFarland Late a Corporal and runs thence East Sixty Chains and Seventeen Links then South Thrity five Chains Then Sixty Chains and Seventeen Links Then North Thirty vive Chains to the Place where this Tract first began Containing two hundred acres of Land and the usual allowance for highways.

Given under my hand this sixth day of November one Thousand seven hundred and sixty four

[signed]

Alexr. Colden Surveyor Genl.

Cover sheet:

6th No. 41

[one word illegible] 200 acres of Land on the East Side of Hudsons River for Alexr. Fraser late a Serjt in the 78th Regt & in Coll Frasers Compy

made out

Top row:

Dugald McFarland

Alexander Fraser, Serjeant, 78th Regt., Colonel Fraser's Company [north/south 35 chains, east/west 60 chains, 17 links].

Alexander Fraser, Serjeant, 78th Regt., Captain Hugh Fraser's Company

*Alexander Fraser, Serjeant, 78th Regt., Captain [Alexander] Wood's Company

Allen Cameron, Serjeant

Bottom row:

John McIntire, Corporal, 77th Regt.

John Gibson. Serjeant, 77th Regt.

John Grant, Corporal

David McHo[?]key

Description: A Plot or Description of a Tract of Land Survey'd for Alexander Fraser Late a Serjeant in the 78th Regiment and in Coll Frasers Company Plotted from a Scale of twenty Chains in an Inch.   [illegible] Alexr Colden Surveyor Genl.

18 : 94 [volume/page]

Notes:
1. Serjeant Alexander Fraser's name appears in Captain Alexander Wood's Company as one of the 170 discharged soldiers in America; however, his name does not appear on the company subsistence rolls produced at the end of the war.

2. "The Calendar of N.Y. Colonial Manuscripts Indorsed Land Papers; in the Office of the Secretary of State of New York, 1643-1803" (Albany: 1864) lists all documents on the first series of "Land Papers" as they were rearranged in 1819. There is an index to the personal names and to land tract names or geographical locations at the back of the volume. The series consists of applications for grants of unappropriated land by letters patent from New York Colony and State.

Works Cited:

New York State Department of State Applications for Land Grants, 1643-1803. Series A0272, volume XVIII, p. 94. New York State Archives, Albany, New York.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2020.

Land Petition of Sundry Private Soldiers of the 78th Regiment of Foot

In the closing months of the Seven Years’ War, soldiers from the 78th Regiment of Foot—known as Fraser’s Highlanders—found themselves demobilized in British North America, many with little more than their uniforms and the promise of land. The petition presented here, submitted by a group of private soldiers in 1763, represents a compelling and rarely preserved appeal for compensation. These men, having served through brutal campaigns in Canada, turned to the Crown to request plots of land in return for their loyal service. Their plea sheds light on the broader struggle of discharged enlisted men to secure stability and recognition in the wake of empire.

In 1802, eleven former soldiers of the 78th Regiment of Foot reduced in America petitioned the Quebec Government for wastelands of the Crown pursuant to the proclamation of 1763. Having never previously received approval for land for any number of reasons; lost paperwork and the inability to accurately prove who they were, including former military service, would have certainly delayed or even forgone the original approval process.

Land Petition of Sundry Private Soldiers of the 78th Regiment of Foot

Quebec 9th. February 1802

To His Excellency Sir Robert Shore Milnes, Baronet, Lieutenant Governor of the Province of Lower Canada &c, &c, &c, in Council~

The petition of Sundry Non-Commissioned officers and private Soldiers of British Regiments and Provincial Corps who were reduced in America – in behalf of themselves and their several and respective families whose names and designations are inserted in a General Schedule hereunder annexed~

Humbly Shewith,

That your petitioners faithfully served His Majesty at various periods of their lives and were reduced in America, thereby coming within the description of persons entitled to grants of certain portions of the waste lands of the Crown, under the authority of the Royal Proclamation and Instructions.

That from want of due information and advice as well as labouring under many other local disadvantages diverse of Your Petitioners who bore arms at the conquest of Canada, and have ever since been settled in the province, were thus deprived of the benefits which would have resulted for themselves and families had they at the time received His Majesty’s Bounty, pursuant to the proclamation of 1763, when in the prime and vigor of their lives they were best able to enjoy and improve their lands.

That such of Your Petitioners come under the foregoing description, humbly conceive it would be an act of justice and indemnity, should it please Your Excellency in Council to comprehend them under the same regulations which govern the Grants to His Majesty’s reduced Forces of 1783 and since the American War, by allowing to them severally Two Hundred Acres and to their wives & Children fifty acres each, as extended by Lord Dorchester to the Loyalists and various other persons.

That Your Petitioners have never received their bounty lands in this or any of His Majesty’s Colonies or provinces in America.

That unable to ascertain what tracts are open for application at present –

Your petitioners humbly prey-

That Your Excellency in council will be pleased to assign unto them Two Hundred Acres each, and such as are married Fifty Acres to their wives and Child respectively, in any Township of equal quality to those awarded to Loyalists and meritorious subjects-

And as in duty bound will ever pray-

                                                                                     R Phillips in behalf

                                                                                     of the Petitioners

Name: James Forbes

Rank: Private

Born: Scotland

Time of Service: 7 years

Discharged: 10 Septr. 1763

Residence:

Trade or Occupation: Labourer

Family:

Remarks: 78th Regt.

Name: John McLeod

Rank: Private

Born: Scotland

Time of Service: 7 years

Discharged: 10 Septr. 1763

Residence:

Trade or Occupation: Farmer

Family:

Remarks: 78th Regt.

Name: Robert Robertson

Rank: Private

Born: Scotland

Time of Service: 7 years

Discharged: 10 Septr. 1763

Residence:

Trade or Occupation: Labourer

Family:

Remarks: 78th Regt.

Name: Dond. McKinnon

Rank: Private

Born: Scotland

Time of Service: 

Discharged: 

Residence:

Trade or Occupation: 

Family: Wife & 10 Children

Remarks: 78th Regt., By affidavit

Name: Dond. Kennedy

Rank: Private

Born: Scotland

Time of Service: 12 years

Discharged: 24 Augt. 1769

Residence:

Trade or Occupation: 

Family: A Wife & 4 Children

Remarks: 15th & 78th Regt.

Name: John Frazer

Rank: Private

Born: Scotland

Time of Service: 7 years

Discharged: 11 Septr. 1763

Residence:

Trade or Occupation: 

Family: A Wife & 9 Children

Remarks: 78th Regt.

Name: William Ross

Rank: Corporal

Born: Scotland

Time of Service: 7 years

Discharged: 11 Septr. 1763

Residence: Rimouskie

Trade or Occupation: 

Family: A Wife & 6 Children

Remarks: 78th Regt. Received an order for 1200 acres

Name: Rand. McDonell

Rank: Private

Born: Scotland

Time of Service: 7 years

Discharged: 11 Septr. 1763

Residence: New Carlisle

Trade or Occupation: Farmer

Family: A Wife & 3 Children

Remarks: 78th Regt. Certificate annexed

Name: Duncan Cumming

Rank: Private

Born: Scotland

Time of Service: 8 years

Discharged: 

Residence: Montreal

Trade or Occupation: 

Family: A Wife & 7 Children

Remarks: 60 & 78th Regt. Certificate annexed

Name: John Fraser

Rank: Private

Born: Scotland

Time of Service: 7 years

Discharged: 11 Septr. 1763

Residence: St. Anns

Trade or Occupation: Blacksmith

Family: A Wife & 9 Children

Remarks: 78th Regt. Certificate annexed

Name: John Buchanan

Rank: Private

Born: Scotland

Time of Service: 7 years

Discharged: 20 Septr. 1763

Residence: 

Trade or Occupation: Labourer

Family: 

Remarks: 78th Regt. Certificate annexed

While officers often received generous land grants or pensions, privates like those represented in this petition had to rely on collective action and administrative persistence. The document not only illuminates the bureaucratic hurdles faced by enlisted men but also underscores their determination to stake a claim in the territories they helped secure. Whether or not their request was granted, the petition itself remains a valuable testament to the human dimensions of empire—where loyalty, hardship, and aspiration met in the uncertain frontier of postwar British Canada.

For further reading on land compensation and soldier-settler transitions, see Return of 200 Acres of Land for Evan Cameron.

Updated June 2025 with additional commentary and archival references.

Works Cited:

"Schedule of certificates and discharges of non-commissioned officers and soldiers reduced in America." LAC, Lower Canada Land Papers, RG1 L3L, vol. 157.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2017. 

Calendar of New York Colonial Land Papers; Soldiers of the 78th Regiment

Be sure to explore our Quebec Land Petitions as some of these same names will appear in both areas.  We have currently identified upwards of 250 soldiers of the 78th Regiment that remained in North America after 1763.

Working through the assistance of the New York State Archives at Albany, we've secured digital copies of the following land petitions.

1763 Petitions
Sept. 14. Certificate of Major Abercrombie that Roderick Fraser, corporal in Capt. Hugh Cameron’s company of the 78th regiment, served for the space of seven years.

Nov. 29. Certificate of Alexr. McLeod, captain of the 78th regiment, that Donald Fraser is dismissed, and allowed to go about his lawful affairs.

1764 Petitions
Feb. --. Petition of Allan McArthur, Donald Livingston, Donald Irvin, David McLeah and Kenneth McKenzie, late soldiers of the 78th regiment, praying their quota of the lands to be granted pursuant to his majesty’s proclamation.

Oct. 12. Certificate of Genl. Gage, that Ensign Alexr. Fraser, junr., served during the war.

Oct. 14. Memorial of Ensign Alexr. Fraser, late of His Majesty's 78th regiment, praying a grant of land in the county of Albany, east of Husdon's River, north of land lately laid out for Lieut. James Bain and Wm. Gregor.

Nov 6. Return of survey for Allan Cameron, late serjeant in the 78th Regiment, of 200 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return of survey for Alexr. Fraser, late serjeant in the 78th regiment, of 200 acres of land in the county of Albany, east side of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return for survey for Alexr. Fraser and John Fraser, late privates in the 78th regiment, of 100 acres of land in the county of Albany, (Rupert, Vermont).

Nov. 6. Return for survey for Wm. Fraser, late serjeant in the 78th regiment, of 200 acres of land in the county of Albany, (Rupert, Vermont).

Nov. 6. Return of survey for Donald Livingston, Allan McArthur, and Jno. McDonald, late privates in the 78th regiment, of 150 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return of survey of Jno. Mcintosh, late private in the 78th regiment, of 50 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return of survey for George Stuart and John McDonald, late private soldiers in the 78th regiment, of 100 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return of survey for Alexr. Fraser, late serjeant in the 78th regiment, of 200 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

1765 Petitions
[No date]. Certificate of Major James Abercrombie that Alexr. McKenzie served as soldier in the 78th regiment, and discharged 14th Sept., 1763.

[No date]. Certificate of Major John Small that Alexr. McKenzie served in the 78th regiment during the war, &c., 2d March, 1766.

[No date.] Petition of Angus McDonald, private of the 78th regiment, Miles Carmichal and John Black of said regiment, and John Sutherland, private of the 77th regiment, for a grant of 200 acres of land on the east side of Kinderhook river.

Jan. 19. Certificate of Major James Abercrombie, that Donald Cuthbert served as soldier in the 78th regiment, 10th Sept. 1763.

May 9. Return of survey of Thomas McPherson, late private in the 78th regiment, of 50 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 9. Return of survey for Donald McIntyre, late corporal in the 78th regiment, of 50 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 9. Return of survey for Donald McGilvray, John McKinvin, Donald Irvin, Kenneth McKenzie, all privates in the 78th regiment, and John Forbes, George Southerland and Donald McColl, late privates in the 77th, of a tract of 350 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 9. Return of survey for Donald Urquhart, John Sutherland, John Simpson and John McIntire, late privates in the 78th regiment, of a tract of 200 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 23. Return of survey for Allan Cameron, late corporal in the 78th Regiment, of 200 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 30. Return of survey for Alexr. McKaga, late a private in the 60th regiment, of a tract of 50 acres of land in the county of Albany, south of a tract surveyed for Allan Cameron, late corporal in the 78th regiment, (Rupert, Vermont).

June 15. Petition for Hugh Fraser, late Lieut. in the 78th regiment, for a grant of 2,000 acres of land, on the east side of the Hudson’s river.

July 23. Return of survey for Evan Cameron, late corporal in the 78th regiment, of a tract of 200 acres of land on the east side of the Hudson’s river, in the county of Albany.

Oct. 21. Return of survey for Roderick Fraser, late corporal in the 78th regiment, a tract of 200 acres of land in the county of Albany, on the east side of Hudson’s river.

1766 Petitions
June 22. Certificate of Lieut. Alexr. Fraser, that James Ross served as serjeant in the 78th regiment, commanded by Capt. Fraser, and in Capt. McDonell’s company.

July 8. Petition of James Ross, late serjeant in the 78th regiment, praying that the 200 acres of land formerly petitioned for by them be located in the county of Albany, east of Lake Champlain, and north of lands petitioned for by Lieut. Wm. Barron.

Dec. 1. Certificate that Alexr. Fraser served as corporal in the 78th regiment during the war.

Oct. 24. Memorial of Lieut. Alexander Fraser, of the late 78th regiment, for a grant of 2,000 acres of land, in the townships of New Fane and Townsend.

1767 Petitions
Jan. 18. Certificate that Alexander Robertson served as soldier of the 78th regiment.

Feb. 17. Petition of Alexr. Fraser, late corporal in the 78th regiment, for a grant of 200 acres of land to the east of a tract of 1,000 acres granted to Capt. Shirreff on Lake Champlain.

Mar. 23. Petition of Duncan Weir, serjeant in the 78th regiment, Alexr. McDonald, private, and Duncan McArthur, private in said regiment for a grant of lands near Dear Field on the west side of the Connecticut river.

1768 Petitions
Apr. 27. Petition of Kenneth McCullock, late ensign of the 78th regiment, for 2,000 acres of land on the west side of the North river, in the county of Albany.

1771 Petitions
Feb. 2. Petition of Simon McTavish, in behalf of his father John McTavish, lieutenant in the 78th regiment, for a grant of 2,000 acres of land to the east of Schohary kill.

Apr. 16. Petition of Alexr. Gray, late corporal in the 78th regiment, for a grant of 200 acres of land adjoining to Major Campbell’s land on Lake Champlain, and near Crown Point.

Sep. 11. Certificate of Lieut. Alexr. Fraser that John McGillivray served as corporal in the 78th regiment during the war, 7th April 1767.

Source:

New York Secretary's Office. Calendar of New York Colonial Manuscripts, Indorsed Land Papers; in the Office of the Secretary of State of New York, 1643-1803. [New York, 1864].

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2017.

This article was last updated 26 April 2020.

North American Land Petitions From the Seven Years' War

North American Land Petitions from the Seven Years' War

During and after the Seven Years’ War, hundreds of discharged soldiers and civilians filed land petition requests in North America through a Crown-sanctioned petition process. These documents—land petitions, allotments, and final grants known as Letters Patent—offer invaluable insight into settlement patterns, military demobilization, and the early administrative history of British Canada and New York.

Among the most historically rich and genealogically significant petitions are those submitted by veterans of the 78th Fraser’s Highlanders. These soldiers, many of whom had served with distinction during the campaigns at Louisbourg and Quebec, transitioned from military life to frontier settlement—often acquiring land that would define family legacies for generations.

Understanding the Three-Step Land Petition Process

The British land distribution system after 1763 followed a structured, three-stage process:

 

1. Land Petitions

Following the Treaty of Paris (1763), Britain instituted a new land policy in its recently acquired Canadian territories. Individuals, particularly discharged military personnel and loyal civilians, could submit formal petitions to the colonial governor requesting Crown land. These petitions often listed prior military service, regiment, rank, and intended settlement location.

 

2. Land Allotments

Once a petition was approved, the individual was provisionally allotted land. However, full ownership was conditional. Settlers were required to clear portions of land, construct dwellings, and establish productive farms. This ensured actual colonization rather than speculative landholding. For the Crown, successful settlement meant fortified borders and economic growth.

 

3. Letters Patent (Final Land Grants)

After meeting the required conditions, the settler would be issued a Letter Patent. This formal legal document was the final step confirming full title to the land. A two-volume register of such grants—List of Lands Granted by the Crown in the Province of Quebec from 1763 to 1890—remains a vital reference for researchers today.

Military Land Entitlements After the Seven Years’ War

British authorities defined specific land entitlements for former soldiers to reward their service and encourage orderly settlement. These ranged from 5,000 acres for staff officers to 50 acres for private soldiers. These guidelines were foundational in forming early township maps in Quebec and parts of New York.

Land Entitlement by Rank:

 

Staff Officers: 5,000 acres

Captains: 3,000 acres

Subalterns: 2,000 acres

Non-commissioned Officers: 200 acres

Private Soldiers: 50 acres

78th Regiment Petitions in Quebec (1762–1765)

Multiple petitions from 1762 through the late 1760s provide rich documentation of land applications by members of the 78th Regiment, including many whose names appear in Muster Rolls of the Old 78th Fraser Highlanders. 

For instance:

 

Capt. John Nairn and Lt. Malcolm Fraser were granted the seigniories of Malbaie and Mount Murray in 1762 (Bouchette).

 

On 15 March 1765, twelve serjeants—ten of whom served in the 78th—petitioned for land, including Alexander Ferguson, Lachlan Smith, and James Sinclair. "The Petition of Alexander Simpson and John McLone late Serjeants in the 2nd Battalion of the 60th Regiment, James Thompson, Hugh Tulloch, William Gunn, James McDonell, John Fraser, James Sinclair, Alexander Ferguson, Alexander Lieth, Lachlan Smith and Donald Fraser late Serjeants in the 78th Regiment."

 

A 14 May 1765 petition by Malcolm Fraser, a serjeant, explicitly references a linkage to earlier petitions.

 

A 19 May 1765 petition listed 23 soldiers by name, many of whom also appear on regimental discharge rolls. "The Petition of Donald McKenivan, late Corporal, James Campbell, Edward Davidson, Thomas Davidson, George McAdam, Donald Clark, John Grant, Alex`r Cormac, John Chisolm, Alexander McDonald, Ranald McDonald, Alexander McNab, Thomas Cameron [1], Thomas Cameron [2], John Robie, Alexander Fraser, Angus McDonald, Duncan McCraw, James Forbes, Finlay Munro, Willm McNabb, Murdoch McPherson, Willm McKenzie, late Private Soldiers in the 78th Regiment, and William Campbell late Private in the 47th Regt."

 

31 May 1765: In a land petition, dated at Quebec 31 May 1765, the petition of Alexander McArthur and John Simson, late Private Soldiers in His Majesty's 78th Regiment of Foot. Alexander McArthur appears in Captain Archibald Campbell's Company, and John Simpson in the Colonel's Company when the regiment disbanded in 1763. Private men were entitled to 50 acres of land.

 

1 June 1765: "The land petition of Donald Williamson, late Private in the 78th Regiment, John Valance - late Serjeant, John Thomas, Francis Anderson, John Lee, and Joseph Thompson, late Private in the 2d Battalion Royal American Regiment, Mackrick Sears, James Turner and Michael OBryean, late Private in the 47th Regiment."

 

25 July 1765: In a land petition, dated at Quebec 25 Jul 1765, James Abercrombie, Major, 78th Regt., petitions the Honorable James Murray, Governor of the Province of Quebec, for five thousand acres of land in "any of the Colonies in North America."

 

20 November 1765: In a land petition at Quebec, Peter Stuart and Donald McDonald petition the government for land located in the Bay of Chaleur, a familiar area for grant approval. Stuart's name appears twice as fighting on the Plains of Abraham, both in the 78th Regiment, and Donald McDonald's name appears in both the 78th Regiment (numerous instances) and also the 2nd Battalion of the 60th Royal American Regiment.

Albeit seven of these men are listed on the regiment's Subsistence Rolls in 1763, they were not among those previously listed as having been discharged in Canada in 1763; namely, Donald Clark, Alexander McDonald, Alexander McNabb, Angus McDonald, Duncan McCraw, William McNabb, Finlay Munro; and four additional men were not among those previously listed as having served in the 78th Foot; those being John Grant, Thomas Cameron, John Robie, and William McKenzie.

Note: Of the two soldiers named Thomas Cameron, one served on the 78th Foot (his spouse was Marie Francoise Roy), while the second soldier's military regiment is unknown.

These records not only confirm service but also frequently connect veterans to broader family networks. Notably, Lachlan Smith became the father-in-law of Joseph Fraser, son of Lt. Malcolm Fraser—illustrating how land petitions also serve as valuable genealogical tools.

78th Regiment Petitions in Quebec (1766)

Four additional soldiers from the 78th Regiment: Alexander McNab, James McKenzy, Duncan Mcray, and Murdoc Morrison, petition the Crown in this 1766. Two of these men - namely, Alexander McNab and Duncan Mcray (or Mcraw) appear in the May 1765 petition. McNabb, McKenzey, and Morrison appear to be recently discharged soldiers from the 15th Regiment.

18 August 1766: In a land petition dated at Quebec, the petition of Donald Mackay and John Anderson, discharged soldiers in the 78th Regiment.

23 August 1766: Petition of Donald Mackay, a discharged soldier in the 78th Regiment.

27 August 1766: In a land petition dated at Quebec, "Mr. Alex`r Mackay late Serjeant of the 78th Regt. present at Berthier, petitioned for his lands at the Bay of Challour, has given a toleration to Mr. James Thomson Town Sargeant to draw for him not being himself present." This is most likely Alexander McKay, a serjeant, in Captain Hugh Fraser's company when the regiment disbanded in 1763.

30 July 1766: In a land petition dated at Quebec, Ranald MacDonell, late discharged soldier from the 78th and 15th Regiments of Foot, is listed in the as filing with the Lieutenant Governor of the Province of Quebec. There were many soldiers from both the 47th and 78th Regiments that transferred to the 15th Regiment at the conclusion of the war in 1763, electing to stand guard on the province through 1768.

Cross-Referencing Colonial New York Land Surveys

Several names appearing in Quebec land petitions also surface in New York land surveys, particularly in the regions of Albany, Tryon, and Charlotte counties. Many soldiers of the 78th Foot who were unable to secure land in Quebec turned to the Mohawk Valley and northern Hudson River corridor—territories that were still being surveyed and distributed as late as the 1770s.

Petitioners such as Donald Clark, Alexander McNab, and John Grant can be traced through both Canadian and New York records, especially in post-war military bounty land tracts. Cross-referencing their presence in the New York Land Papers (New York State Archives) and Phillipps Maps Collection can yield confirmation of overlapping or migrated claims.

Additional Petitions by 78th Regiment Veterans (1768–1802)

Later petitions show continued attempts by former soldiers to secure land as their families expanded or their prior claims failed to materialize. 

Highlights include:

 

Ranald MacDonell, served in both 78th and 15th Regiments (1768)

George Geddes, 1787 petition

John Ross, 1800 petition — identified as a 78th corporal with 12 children

Additional 1802 petitioners include veterans seeking secondary or final land confirmation

These late petitions demonstrate that land acquisition for veterans was a long and ongoing process, often extending decades past the end of the war.

Final Thoughts

Land petitions from the Seven Years’ War are among the most detailed and accessible military settlement records of the 18th century. For descendants of the 78th Fraser’s Highlanders, and for researchers studying colonial Canada and New York, these documents provide irreplaceable evidence of movement, service, and settlement. Cross-referencing Quebec archives with New York land records unlocks a wider picture of veteran resettlement, family formation, and early Crown policy.

Explore Historical Newspaper Extracts from the Seven Years’ War

Discover firsthand accounts, battlefield reports, and colonial correspondence as printed in 18th-century newspapers during the Seven Years’ War. These curated excerpts offer rare insight into how the war was reported and remembered in its own time.

The administrative procedures referenced here are part of a larger body documentation. Many such records are preserved by Library and Archives Canada.