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COLLECTION 
 
 O F 
 
 SEVERAL COMMISSIONS, 
 
 AND 
 
 OTHER PUBLIC INSTRUMENTS, 
 Proceeding from his MAJESTY'S Royal Authority, 
 
 AND 
 
 OTHER PAPERS, 
 
 Relating to the State of the Province in Quebec in North 
 America, fince the Conquest of it by the British Arms 
 in 1760. 
 
 ■ tv. 
 
 COLLECTEDBY 
 
 FRANCIS MASERES, Esqjjire, 
 
 His Majesty's Attorney General in the faid Province. 
 
 LONDON: ' 
 
 Printed BY W. and J. Richardson, Salisbury Court, Fleet Street. 
 
 M DCC LXXU. 
 
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PREFACE. 
 
 TH E following papers have been colIed:ed together 
 and printed in one volume, with a view to facili- 
 tate and expedite the fettlement of the province 
 of Quebec, which has been for fome years paft, and is 
 ftill under the confideration of his Majefty's privy council. 
 This fettlement, it is conceived, cannot properly be made 
 without a careful perufal and examination of the feveral 
 inftruments of government that have already been paffed 
 under his Majefty's authority, or that of his royal prede- 
 ceflbrs, concerning the faid province. Thefe are, firft, 
 the articles of capitulation granted to the French governour 
 of Canada by general Amherft upon the intire furrender 
 of it in 1760 ;— fecondly, the fourth article of the defi- 
 nitive treaty of peace, in February, 1763, containing the 
 full ceflion of the faid country by the French king to the 
 crown of Great-Britain, and the ftipulation of his prefent 
 Majefty the King of Great-Britain, in favour of a tolera- 
 tion of the Roman Catholick religion in the fame, as far 
 
 as the laws of Great-Britain will permit ; thirdly, the 
 
 King*s proclamation in Odlober, 1763, for o-eding four 
 new governments in the ceded countries in America, 
 whereby his Majefty promifes to fuch of his fubjeds as 
 fhall refort to, ana fettle in, the faid governments, that 
 as foon as the circumftances of thofe new governments 
 will refpedively permit, they (hall be governed in the fame 
 manner as the fubjeds of his Majefty *$ other colonies in 
 
 America, 
 
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 America, that are under his immediate government, to 
 wit, by a governour, council, and aflembly of the free- 
 holders and planters of the fame, and in the mean time, 
 
 (hall enjoy the benefit of the laws of England ; fourthly, 
 
 the commifllon of captain- general and governour in chief 
 of the iaid province under the great feal of Great-Britain, 
 given to major-general Murray in November, 1764, im- 
 powcring him, amongft other things, to call an aflembly 
 of protcftants in the faid province, as fbon as he (hall 
 find it pradicable, and, vi'ith the confent of fuch aflembly 
 and of the council of the province, to make laws and or- 
 dinances for the benefit of the faid province, but not 
 giving him any power to make any laws, or ordinances, 
 whatfoever by the advice and confent of the council of 
 the province only ; and impowering him likewife to col- 
 late perfons (proteftant priefts, as it is fuppofed) to all the 
 
 cccleflaftical benefices in the faid province ; ^and fifthly, 
 
 the ordinances made by the faid governour of that pro- 
 vince, with the confent of the council of the fame only, 
 by virtue of an inftrudion for that purpofe under the 
 King's fignet and fign manual (purporting to impower 
 him to make rules and regulations in the faid province, 
 by the advice and confent of the council of the faid pro- 
 vince only, provided that the faid rules and regulations do 
 not tend to aifed either the life, or limb, or liberty of 
 the fubjedib, or to the raifing any duties or taxes) 
 for ereding courts of juflice in the fiiid province; in 
 which ordinances the chief juftice of the faid province, 
 who is the only judge of the court of King's Bench 
 thereby erefted, is directed to determine all matters, 
 criminal and civil, according to the laws of England ; 
 * « and 
 
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 —and fixthly, the commiflion of vice-admiral, granted 
 to the faid major-general Murray, whereby all the laws of 
 the Englifli court of admiralty were introduced into the 
 faid province ; — .and feventhly and laftly, the ftatute of 
 the nrft of Queen Elizabeth, for reftoring to the crown of 
 England the antient jurifdidion over the cftatc ecckfiaftical 
 and fpiritual j which prohibits all exercife of the Pope's 
 pretended power and jurifdidion in all the dominions of 
 the crown of England, as well in thofe that hereafter 
 fhould belong to it, as in thofe that belonged to it at 
 that time, and confequently in the faid province of Que- 
 bec J and Come other aAs of parliament both before and 
 fince the conqueft of the faid province, which manifeflly 
 extend to and bind it. All thefe inftruments are evi- 
 dently necef!ary to be carefully confidered upon this occa- 
 fion by the members of his Majefly*s privy-council ; and, 
 if (as there is good reafon to hope it will) this important 
 fubjed fhould be brought before the two houfes of parlia- 
 ment, to be confidered alfb by the members of thofe 
 houfes. Now this could not eafily be done without the 
 help of fome fuch coUedion as the prefent : becaufe the 
 above-mentioned inflruments are no where elfe to be found 
 printed together ; and many o£ them are not printed at all 
 in any other book, but lie difperfed in the original manii- 
 fcripts only, or in the records of the feveral public offices ; 
 from which it would be very • xpenfive, and be attended 
 with great delay, to caufe a fufEcient number of copies 
 for the ufe of fo many perfons to be tranfcribed. It 
 is therefore hoped that the prefent collection of them 
 will be thought a proper and uleful work. It con- 
 tains, befides the important inftruments above-mentioned, 
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 fome other papers of a public nature, or that have a ten- 
 dency to explain the prefent condition of the province 
 of Qiicbcc. Such are the reports concerning the ftate of 
 the laws in the faid province, and the adminiftration of 
 juftice in the fame, in pages 1—48^ and 50—56; 
 the plan for the adminiftration of juftice in the faid pro- 
 vince, in pages 58 67 ; the draughts of two intended 
 
 ordinances concerning the laws and the adminiftration of 
 juftice, the one for continuing the French laws relating to 
 
 iandcd property, in pages 68 70, the other foreftabliih- 
 
 ing monthly fefTions of the fupreme court of juftice in the 
 
 faid province, in pages 71 74; the account of the 
 
 King's iron mines near Three Rivers in the faid province, 
 in pages 207, et feq. and the account of the French duties 
 on wine, rum, and brandy, imported into the (aid province 
 before the conqueft of it, and of the trials of the fuits in- 
 ftituted at Quebec for the recovery of thofe duties for the 
 crown in Odober, 1766, and July, 1769, in pages 
 288 — 311 ; and a few more papers of the like kind, 
 which, it is hoped, will be found to be of fbme ufe 
 towards attaining a right knowledge of the condition of 
 the faid province. But for a more particular account of 
 the matters comprized in this colle<ftion, I muft refer the 
 reader to the following table of contents. 
 
 ■I' . 
 
 '-1 
 
 ■•V ../ If,. •. 
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the TABLE of 
 
 CONTENTS. 
 
 N U M B E R I. 
 
 ^'Draught of an intended "Retort of the Honourable the Governour 
 
 ^*- in Chief and the Council of the Province of ^ebec to the 
 
 King*s mojl Excellent Majejly in his Privy Council ; concerning the 
 
 State ofthejjaws and the Adminiftration ofjujlice in that Province, 
 
 Page 1-^49 
 
 NUMBER II. 
 
 ^be Opinion of the Attorney General of the Province of ^ebec, con* 
 cerning the Report made by his Excellency Brigadier-General Carlc- 
 tortt the Governour in chief of the faid Province t to his Majejly in 
 Ctuncilf concerning the State of the Laws and the Adminijlration 
 qfjuftice in the Jaid Province ; with the Reqfons of his Dijfent 
 fromfome of the matters eontained in the faid Repst t, 5'^-^S7 
 
 NUMBER III. 
 
 Plan ffa convenient Method of adminijlering Jujiice in the Province 
 ^ebet, , 5S— 67 
 
 
 I 
 
 
 
 
 The 
 
 NUMBER IV. 
 
 A Draught of an Ordinance for continuing and confirming the Laws 
 and Cujhms relating to the ^enurcy Inberitancey and Alienation of 
 Lands, that wfre in Force in this Province in the Time of the 
 
 French Government, " ' t)8 — 70 
 
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 NUMBER V. 
 
 u^ I) r aught of an Ordinance far regaJating the times and Number of 
 the Seffmi] of the Supreme Court of Judicature in the Pro^uineecf 
 
 ^efj'ec,' ■ X — — " -^ 7i'-^4 
 
 iif 
 11^ 
 
 ii 
 
 NUMBER VI. 
 
 jdrtides of Capitulation granted by Sir Geaffry Amherjl to the Cana^ 
 ; diansy upon the Surrender of Montreal and the ivbole Province of 
 Ctittada to the Britijh Arms in September^ 1760. — 75 — 83 
 
 NUMBER VII. 
 
 '.\ 
 
 Th^ Fourth Article of the Definitive treaty of Peace t concluded 
 ietiveen the Kings ^Great-Britain and France, on the lotb Di^ 
 of February, in the Tear 1763, containing the Cefjion of Canada to 
 the Crown of Great-Britain^ - — 1 ^4—85 
 
 'b'A 
 
 NUMBER VIII. 
 
 ^v^3',in? 
 
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 the King*s Proclamation, of the yth ofOSiober, iy6^, for ere^ing 
 the Four new Governments qf^ebec, EaJi'Florida, Weft-Florida, 
 and Granada* — — — ^— — — 86—92: 
 
 NUMBER IX. 
 
 1 
 
 '4 
 
 Commijion of Captain-General andGovernour in Chief of the Province 
 of^ebec, granted to Major-General Murray in Novembet, 176;?. 
 
 'JVi- U. =-; ■;:'., v,«;.;•^,.„^5 ^,,. .. . , - ^, _._ 92— lOZ 
 
 NUMBER X. 
 
 Oaths of Allegiance and Abjuration of the Popfs Pmver^ and the Pre- 
 
 ■■ tender's Right to the Crown of Great-Britmn j mentioned in the 
 
 foregoing Commijjion of Captain-General and Governour in Chief 
 
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 103— 112 
 
 ^ BE R 
 
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 N U M B E R XI. 
 
 Commfflon of Vice- Admiral in the Province of ^eSec, granted t$ 
 Major-General Murray in Marcbt lyt^. •»— .^ iij—^izi 
 
 NUMBER XII. 
 (fOmmj£ion ofLieutenant-Governour of the Province of ^ebec* mz 
 
 NUMBER XIII. 
 
 ^he. King's Mandate for the Commjjjion of Chief Jujlice of the PrO" 
 Vince of^ebec, and the Commiffion made in purfuance of it, 1 24 
 
 ^*> • ■•'? . • •■ • ■ V — V- ■..■..;,. •. -r ,—128 
 
 -" N UMBER XIV. 
 
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 TiS^ CommiJJion of Attorney-General ofthefaid Province, 1 29—130 
 
 
 -■•S V:l 
 
 N U M B E R XV. 
 
 • '■•^'- 
 The CommiJJion of Provofl-Marjhal of the faid Province, 131—132 
 
 NUMBER XVI. 
 
 ■'T ',-, 
 
 ACommiJion to be Secretary of the Province of Canada, and Clerk of 
 the Councily and Commijfary or Steward-General ^ Proyifions and 
 Siorest and Clerk of the Inrollments in the fame, — 133— -134 
 
 .. ,, NUMBER XVII. 
 
 •ydl Commijioh of Juftice of the Peace in one of the Di/lri0s ofthefaid 
 
 ;§. 
 
 Province,^ 
 
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 I35f— 138 
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 NUMBER XVin.M 
 
 A Draughfef^ Fmrm af a fyrit of Dtdimus Pottjiatem to admin^er; 
 the Oath* to a^ufHce oftJ^e Intact in the Province o/^ekc* 139 
 
 .( ; I. 
 
 NUMBER XIX. 
 
 yi Draught of a Form of the Oath of Office of a fufiiceofthe Peaet 
 if the Diftri£{ of Quebec, in the Province of ^ebec; made 1^ the 
 Order of Governour Car Jeton. 141 
 
 I 
 
 i 
 
 V 
 
 
 1!! 
 
 NU M B E R XX. ;/ 
 
 Ah Order of the King in Council, difallowing and repealing an Ordi' \ 
 nance of the Commander in Chief and Council of the Province of 
 ^ebeCt paJJ'ed on the i ^th of July, 1 766, concerning Licences to 
 retail fpirituous Liquors, ■ ' ■ 142-^14^- 
 
 vrM^f* 
 
 ,3 ? 1. 
 
 NUMBER XXI. 
 
 jtn Order of the King in Council, confirming the Boundary-Line be- 
 iioeen the Provinces of New York and §l^bec^ fixed by Sir Henry 
 Moore, the Governour of New Tork, 'and Brigadier-General 
 Carleton, Lieutenant-Governour of S^uebec, at a Meeting held for' 
 that Purpofe ; and regulating the Claims made by his Maje/ffs new 
 Canadian SubjeSls to Lands Jituated on the South Side of that Line^ 
 
 144—145 
 
 ».:i~-8.}i ..i^i^^yxi-:"^ ■■)' ■■■ "u--. ■ ' • ■ ■ ■-! ,- ,•^,- . , . _ 
 
 NUMBER XXII. . 
 
 The Opinion of the Attorney and Sollicitor-General concerning Two 
 ASls of Parliament made for the Prefervation of Ships and Goods that 
 are forced on Shore or firanded upon ttt Coajh of Great-Britain, 
 ^ other Dominions of his Majefiy. .;\'^ r—^ 146—147 
 
 'yi':^i 4iV '/ A NUMBER 
 
C i^x ] I 
 
 NUMBER XXIII. /I 
 
 The Kifig^s Mandati ta the Gtfvermur, . Lteufefiant'Co'^ernour, 6r 
 Commander in Chief of the "Province cf^ebec, to. collate and admit 
 the Reverend Mr. De David Francis Montmollin to the Parip- 
 ChurcLqfSluebeci -— 148 — 150 
 
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 Togfther with a Draught of a Commifjion to the faid Reverend Mr. 
 DceOid FrAiicis de Montmollin to heReSlor of the Church of ^t^bec, 
 made in puffuance of, and conformable to, the faid Mandate. 150 
 
 NUMBER XXIV. 
 
 fill 
 
 'The CommiJJion of Receiver-General of the Province of^ebec ; 1 53 
 
 ^c^ - ■ —■■ " ' •'^ 
 
 Together- "Kfith InflruSfions to the faid Receiver-General from the Lords 
 Commtfjioners of his Majejifs Treafury^ dated the lotb of March, 
 1766. — 156—159 
 
 
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 NUMBER XXV. 
 
 Grant of the O^ce of Surveyor and Auditor General of the King's 
 
 'Revenite arifng in Ar.erica to the Honourable Robert Cholmondeley, 
 
 Ef quire ^ by Letters Patent under the Great Seal of Great-Britain, 
 
 dated loth November, 1750; — — — ' 160—167 
 
 pyith other fubordinate Injlruments relating to the faid Office. \tZ — 1 74 
 
 
 •x-\ 
 
 NUMBER XXVI. 
 
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 ExtraSls from his Majeftfs InJiruSlions to James Murray, Efquire, 
 Captain-General and Governour in Chief ef the Province qf^ebec, 
 reliitijig to Grants of Lands. Given under his Majefiys Signet and 
 
 , Sign Manual. — - 175 — 180 
 
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 ^KUM B EKy XXyil^ 
 
 ■xi 
 
 Grants of. Land in the Province o/^i^Bec^ tmde infui^ftiancf of the 
 Jhregoing InjiruSiions, — — — — — . i8i — io6 
 
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 AJhort Account of the, Qrants made by the king ofFrance of a JLikerty 
 to work the Iron Mines near the town of^bree Rivers, igually 
 known by the Name oflu&s Forges de Saint Maurice, and mentioned 
 in his Majejlfs TnJiruSlions above recited, ccncerning Grants of' 
 Land, Page 175'; fofar as it may be coUeSiedfrom the Injiruments 
 that have come to my Knowledge^ arid which hereafter follq^^^ 2ft7 
 
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 ,'. ) 
 
 NUMBER XXIX. 
 
 A Leafe of a 'TraSl of Land near the Town of Three Riv&s, fpt^i^ng 
 the Spot on which the Iron Works, ufually known by the Naihe of 
 The Forges of Saint Maurice, areftuated, from the King to Mr, 
 Chrijiopher Pelifjier of^ebec, and Eight other Perfons, for a Term 
 of Sixteen Tears, with Liberty to open and work the faid Iron 
 Mines, or any other Iron Mines they may find upon the TraSl thereby 
 demifed to them-, for their own Profit and Advantage, rendering 
 therefore to the King a yearly Rent of Eighteen Pounds, Fifteen Shi/" 
 Jings, of lawful Money of Great-Britain, 221—233 
 
 NUMBER XXX. 
 
 A Remark on the ill Confequences arifingfrom the too great Subdivifton 
 of the Lots of Land belonging to the Freeholders of Canada^ by 
 repeated Partitions of them upon Inheritances, — — 234—238 
 
 NUMBER XXXI. 
 
 A Commiffion of his late Majefiy King Charge the Second to Sit" 
 Danvers O/born^ Baronet, to be Captain-General and Governour 
 
 in 
 
[ :rr ] 
 
 in Chief in and over the Provinltt'of New Tork in America ^ m the 
 Tear lys^i -- 239—250 
 
 together -with a Drdiigbt of Lette^ s Patent under the Seal of the 
 Province of New Tork Jor a Tra£i of Land in the faid Province t 
 ereSlihgthefameintoaTowti/hip^ ■ • ^^ i '•**.. 251 — 258 
 
 N U M B E R XXXIL 
 
 A Draught of an Ordinance for repairing and amending the public 
 "''-"^wafs and Bridges in the Province ^^ebec, 259 — 287 
 
 
 V- 
 
 NUMBER XXXIII. 
 
 
 Ah Account of the Duties that were paid in the Province of ^ebec, 
 during the French Government thereof on Brandy, Rum, and 
 Wine, imported into the faid Province, and on dry Goods imported 
 into, and exported out of the fame, and of the Trials at ^ebec in 
 OSiober, 1766, and "July, 1765, concerning the Duties on Brandy 
 
 ^^ItHd^ium. — - — 288— .3 1^ 
 
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 An Intended Report of the Honourable the Governor in 
 Chief and the Council of the Province of Qjj e b e c to 
 the King's moft Excellent Majefty in his Privy Council ; 
 
 'Ay 
 
 CONCERNING 
 
 The State of the Laws and the Adminlftration of Juftice in 
 
 that Province. 
 
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 May it pkafe your Majeftyj ' ' '. ■ > -• -i ' 
 
 ■' : • • ■■ - " ■; ., 
 
 N humble obedience to your Majefty's order in council, of the 
 28th day of Auguft 1767, wherein your Majefty is pleafed to 
 order that we (hould report to your Majefty, 
 
 Firft. Whether any, and what, defedbs are now fubfifting in the 
 pre&nt ftate of Judicature in this your Majefty's province of 
 o Quebec: 
 
 And Secondly. Whether the Canadians are, or think themfelves, 
 aggrieved according to the prefent adminiftration of juftice : 
 wherein, and in what refpedts ; together with our opinions of 
 any alterations or amendments that we can propofe for the 
 general benefit «f the faid province ; and that fuch alterations 
 and amertdments, for the clearer apprehenfion thereof, be 
 tranfmltted to your Majefty in the form of ordinances, but not 
 paiTed as fuch i and that fuch report be returned, figned by 
 
 .^ your Majefty's governor, or his locum tenens, the chief juftice, 
 and attorney general of the faid province i but that, if they 
 fhould not concur, the perfon or perfons differing in opinion 
 fliould be required to report the difference of his opinions, 
 together with his reafons for fuch difference of opinion, fully 
 and at large : , , 
 
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 We lay before your Majefty the following view of the laws and 
 cuftoms which at prelent prevail in this province, and of the rules 
 of decifion obferved by yonr Majefty's courts of judicature in the 
 adminiftration of jnftice, together with fuch obfervations on thefe 
 heads as the experience we have had in our refpedive offices fince 
 we have had the honour to iierve your Majefty in this province 
 has enabled us to make. ' ' " 
 
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 The laws of In the firft place, we beg leave to obferve to your Majefty, that 
 
 nmuy thou|ht thc laws of England Are generally fuppofed to be in force in this 
 
 this plovhlce. " province. All criminal proceedings have been carried on according 
 
 to thefe laws : and in civil matters no other laws are cited, or 
 
 appealed to, or allowed to be of any weight in the courts of jufticc; 
 
 though in one or two caufes certain cuftoms that prevailed here in 
 
 the time of the French government have been admitted as the 
 
 grounds of the deciiions, becaufe the caufes of action in thofe 
 
 litigations had arifen either in the time of the French government, 
 
 or during your Majefty's government of this province by your 
 
 military commanders, during which period the ancient laws and 
 
 ufages of the country were fuppofed to be in force. But fince the 
 
 eftabliftiment of civil government your Majefty's chief juftice of 
 
 Thecommiffion the provincc has adled by virtue of a commiftion that command's 
 
 jliftice wfm to him to decide all matters that come before him according to the 
 
 **"""• laws and cujloms of that part of your Majejifs kingdom of Great 
 
 Bn'tttih called England^ and the laivs^ ordinances, rules, and 
 
 regulations of your Majefty's province of ^ebec hereafter in that 
 
 behalf to he ordained and made : fo that he is not at liberty to 
 
 allow of any other laws or cuftoms but thofe of England, unlefs 
 
 they ire exprefsly introduced or revived by fome of the ordinances 
 
 of the province made fince the eftablifliment of the civil govern- 
 
 duia'n" *of T "*^"'* And^ further, befideg this commiflionj there is an exprefs 
 
 i7th"ofscptem- ordinance of the province which obliges both your Majefty's chief 
 
 juftice and the other jddges of the province to follof(^ the fame rule 
 
 of judgment. This is the ordinance of the t7th of September 1 764, 
 
 paffed by the governor and council of the province upon the 
 
 introdadtion of the civil government, to eredl and conftitute the 
 
 courts of juftice by which the faid civil government was to be carried 
 
 Purport of this on. This ordinance eredts, in the firft place, onefuperior court of 
 
 judicature, called the King's Bench, in which it directs that your 
 
 Majefty's chief juftice of the province ftiall prefide, with power 
 
 and authority to hear and determine all criminal and civil caufes, 
 
 agreeable 
 
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 agreeable to the laws of England and ta the ordmanees of thh province : 
 and, in the fecond place, an inferior court of jitdicatnrc, called 
 the Court of Common I^leas, with power and authority to deter cnine 
 all property above the value of ten pounds, with a liberty to either 
 party to appeal to the fuperior court, or court of King's Bench, 
 where the matter in conted is of the value of twenty pounds, or 
 upwards ; and dire<fts that the judges in this court ihall determine 
 the matters before them agreeable to equity, having regard never- 
 thelefs to the laws of England as far as the circumjiances and 
 Jituaiion of things 'will permit ^ until fuch time as proper ordinances 
 for the information of tie people can be eftablijhed oj tbt govemour 
 and council, agreeable to the laws of England ; and it farther directs, 
 that the French laws and cufloms Jha'l be alhwed and admitted in 
 all caufes in this court between the natives of this province, 'where 
 the caufe of aStion arofe before the ift day of OStober 1764. It 
 then, in the third place, gives powers to juftkes of the peace to 
 determine matters of property of fmall value in a fummary way, 
 either fingly, if the matter in difpute does not exceed the value of 
 ^ve pounds, or in conjunction with each other in weekly and 
 •quarterly feilions., where the matter in conteil: is of a greater value. 
 The words of thi« ordinance, by which theie things are ordained, 
 are of the tenor following : 
 
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 *' Whereas it is highly expedient and neccffary for the ^^^MeorSQce."* 
 governing of his Majcfty's good f»bje<5tfr of the province of 
 Quebec, and for the fpeedy and imparfial diAribation of juilice 
 among the fame, that proper courts of judicatur§f, with proper 
 powers and authorities, and under proper regulations, (hould be 
 ** elUablifhed and appointed j his^ excellcTicy the governor, by and 
 ••* with the advice, confent, and aflilVance of his Majcfb's council, 
 " and by virtue of the power and authority to him jsjiven by his 
 Majefty'^s letters patent under the great fcal of Great Britain, hath 
 thought fit to ordain and declare, and his fard excellency, by and 
 ^* with the advice, confent, and affiftance aforcfaid, dotn hereby 
 ** ordain and declare ; 
 
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 That a ft^rior court of judicature, or court of King's Bench, 
 be eftabliihed in this province to fit and hold terms in the town 
 of Quebec twice in every year, 'vrz. one to begin on the 21ft 
 day of January, Called Hilary term, the other on the 21ft day of 
 -" June, called Trinity terra. 
 
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 In this court his Majefty*s chief juftice prefides, with power 
 and authority to hear and determine all criminal and civil caufes, 
 agreeable to the laws ot England and to the ordinances of this 
 province; ; and from this court an appeal lies to the governor and 
 council, where the matter in conteft is above the value of three 
 hundred pcunds Sterling ; and from the governor and council an 
 appeal lies to the King and council, where the matter in conteft 
 is of the value of five hundred pounds Sterling* or upwards. 
 
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 In all trials in this court all his Majef^y's fubjedts in this colony 
 " are to be admitted on juries wiihout diftindtion. 
 
 " And his Majefty's chief juftice once in every year to hold a 
 '* court of aflize and general gaol delivery, foon after Hilary term> 
 «* at the towns of Montreal and Trois-Rivieres, for the more eafy 
 «* and convenient diftribution of juftice to his Majefty's fubje<5ls la 
 <' thofe diftant parts of the province. 
 
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 " And whereas an inferior court of judicature, or court of 
 Common Pleas, is alfo thought neceftary and convenient, it is 
 further ordained and declared, by the authority aforefaid, that an 
 inferior court of judicature, or court of Common Pleas, is 
 hereby eftabli(hed, with power and authority to determine all 
 property above the value of ten pounds, with a liberty of appeal 
 to either party to the fuperior court, or court of King's Bench, 
 where the matter in conteft is of the value of twenty pounds^ 
 and upwards. 
 
 <* All trials in this court to be by juries, if demanded by either 
 party ji and this court to fit and hold two terms in every year at 
 the town of Quebec, at the fame time with the fuperior court, 
 or court of King's Bench. Where the matter in conteft in this 
 court is above the value of three hundred pounds Sterling, either 
 party may (if they ftiall think proper) appeal to the governor and 
 council immediately, and from the governor and council an 
 appeal lies to the King and council, where the matter in conteft 
 is above the value of five hundred pounds Sterling, or upwards. 
 
 ** The judges in this court are to determine agreeable to equity, 
 having regard neverthelefs to the laws of England, as far as the 
 circumftances and prefent fituation of things wilt admit, unti^ 
 fuch time as proper ordinances for the information of the people 
 
 " can 
 
[ 5 ] 
 
 <* can be eftabliihed by the governor and council, agreeable to the 
 ** laws of England. . 
 
 *< The French laws and cuftoms to be allowed and admitted in 
 ** all caufes in this court between the natives of the province, 
 ** where the caufe of adtion arofe before the firft day of October one 
 ** thoul'and feven hundred and (ixty-four. 
 
 " The firft procefs in this court to be an attachment againfl 
 «* the body. 
 
 ** An execution to go againfl the body, lands, or goods of the 
 « defendant. 
 
 ** Canadian advocates, prodors, &c. may pradtife in this court. 
 
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 *« And whereas it is thought highly neceflary for the eafe, con- 
 venience, and happinefs of all his Majefly's loving fubjedts, that 
 juflices of the peace Hiould be appointed for the refpedive 
 diftrids of this province, with power of determining property of 
 fmall value in a fummary way, it is therefore further ordained 
 and declared, by the authority aforefaid, and full power is hereby 
 given and granted to any one of his Majefly's juftices of the 
 peace, within their refpedive diflrifts, to hear and finally deter- 
 mine in all caufes or matters of property not exceeding the fum of 
 five pounds current money of Quebec ; and to any two juflices of 
 the peace, within their refpeftive diflri^s, to hear and finally 
 determine in all caufes or matters of property not exceeding the 
 fum of ten pounds faid currency ; which decifions being within, 
 and not exceeding the aforefaid limitation, fhall not be liable to 
 an appeal j and alfo full power is, by the authority aforefaid, 
 given and granted to any three of faid juflices of the peace to be 
 a quorum, with power of'^holding quarter fefHons in their refpeftive 
 dillrifts every three months, and alfo to hear and determine all 
 caufes and matters of property which fhall be above the fum of 
 ten pounds, and not exceeding thirty pounds current money of 
 Quebec, with liberty of appeal to either party to the fuperior 
 court, or court of King's Bench. And it is hereby ordered, that 
 the aforefaid juftices of the peace do ifTue their warrants direfted 
 to the captains and other officers of the militia in this province, 
 to be by them executed, until the provofl-marfhal, legally 
 
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 authorized by his Majefty, (hall arrive, and other inferior officers 
 be appointed for that purpofe ; all officers, civil and military, 
 or other his Majefty's loving fLibje(5ls, are hereby commanded and 
 required to be aiding and aflifting to the faid juftices and officers 
 of militia in the due execution of their duty. And it is further 
 ordered and dircdlcd, by the authority aforefaid, that two of the 
 faid juftices of the peace do fit weekly in rotation, for the better 
 regulation of the police and other matters and things in the 
 towns of Quebec and Montreal, and that the names of the juftices 
 who are to fit in each week be pofted up on the door of th« 
 Seffion-houfe by the clerk ot the peace, two days before their 
 refpedlive days of fitting, that all perfons may know to whom 
 to apply for redrefs." 
 
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 Jf"ii.c"'6tirot Further, by another ordinance of your Majefty's governour and 
 Novemi»eii7<54. council, dated the 6th day of November 1764, it is ordained, that 
 until the loth day of Auguft next, that is, of Auguft 1765, the 
 tenures of lands, with refpe<^ to fuch grants as are prior to the 
 ceflion of Canada to the Crown of Great Britain by the definitive 
 treaty of peace of February 1 763, and the tights of inheritance, as 
 pra^itcd before that period, in fuch lands, fhall remain to all intents 
 and purpofes the fame, unlefs they {hall be altered by ibme declared 
 and pofitive law. The words of this ordinance relating to this 
 fub^edt are of the tenor following : • ' > 
 
 ^he words of •« Whcrcas it appears right and neceffary to quiet the minds of 
 
 this ordinance. ^, ^^^ pcople in regard to their poffeflions, and to remove every doubt 
 
 '* refpeding the fame, which may any ways tend to excite and 
 
 *< encourage vexatious law-fuits ; and until a matter of fo ferious 
 
 and complicated a nature, fraught with many and great difficulties, 
 
 can be ferioufly contidered, and fuch meafures tJierein taken as 
 
 may appear the moft likely to promote the welfare and profpcrity 
 
 ** of the province in general, his excellency, by and with the 
 
 •* advice and confent of his Majefty's council, doth hereby ordaia 
 
 *« and declare that, until the loth day of Auguft next, the tenures 
 
 " of lands, in refpefk to fuch grants as are prior to the ceftion 
 
 " thereof by the definitive treaty of peace figncd at Paris the loth 
 
 ** day of February one thoufand feven hundred and fixty-three^ 
 
 »* and the rights of inheritan<:e, as pradUfcd before that period, in 
 
 fuch lands or efFeds, of any nature whatfoever, according to the 
 
 cuftofn of this country, (hall remain to all intents aad purpofes 
 
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 " the fame, unlefs they (hall be altered by fome declared and 
 " pofitive lawi for which purpofe the preftnt ordinance lh?ll fervc 
 ** as a guide and dircdtion in all fuch matters to every court of 
 *' record in this province. Provided that nothing in this ordinance 
 ** contained (hall extend, or be conilrucd to extend, to the prejudice 
 ** of the rights of the Crown, or to debar his Majcfty, his heirs 
 ** or fucccflbre, from obtaining by due courfe of law in any of his 
 ** courts of record in this province, according to the laws of 
 ** Gieat Britain, any lands or tenements, which at any time here- 
 " after may be found to be vcfted in his Majtfty, his. heirs or 
 ** fucceiTors, and in the poffeflion of any grantee or grantees, his, 
 ** her, or their afTigns, or fuch as claim under them by virtue of 
 ** any fuch grants as aforefaid, or under pretence thereof, or which 
 *' hereafter may be found to have become forfeited to his Majcfty 
 ** by breach of all or any of the conditions in fuch grants refpeiilively 
 ** mentioned and contained." 
 
 By this latter ordinance we conceive that all the lands in thisConchifiou m- 
 provinse, whofe owners have died fince the loth day of Auguft 1765, i^^g"rom thi'r 
 are meant to be fubje^fted to the Englifli law of inheritance, and toiT/^h'^it 
 the Englifti cuftom of dowef, and to theEnglifh rule.« of forfeiture J™d^"^'°"j?[;^|;«= 
 to your Majefty for high treafon, or efcheat to your Majefty, or to land. * 
 fuch other lord of whom they are holden, for felony or defe<ft of 
 heiri, and to all the other rules of the Englifh law relating to land- 
 property, even though the faid lands had been originally granted 
 before the figning of the definitive treaty of peace 1 and that all 
 lands granted iince the faid peace were already, at the time of 
 making the faid ordinance, fubjeA to the faid Engliih rules and 
 cuftoms, and were fo to continue. 
 
 By thefe two ordinances, which have been tranfmitted to your 
 Majefty and never difallowed, and are therefore fuppofed to have 
 received the fandtion of your Majefty's royal approbation, the 
 Canadia^n laws and cuftoms have been generally fuppofed to be 
 aboliftied, and the Englifhlaws and cuftoms to have been introduced 
 in their ftead, and the judges of your Majefty's courts of judicature 
 in this province have conceived themfelves to be in confcience bound 
 to adminifter juftice according to the laws of England. 
 
 Befides thefe two ordinances there are feveral other public inftrumentsOt^erpubUcjn- 
 and 2£k8 of government by which the laws of England are fuppofed ilyetni^i '^ 
 
 to Jaoie cfica. 
 
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 to have been introduced Into this province. Some of thefe inftru- 
 ments are adts of parliament, which introduce thofe particular parts 
 of the laws of England, to which they relate, into this province j 
 and others of them are inflruments of a high and important nature, 
 that bear the fandlion of your Majefty's royal authority, by which 
 it is generally underftood to have been your royal pleafure to abolifh 
 the former laws and cuftoms of this province, and for the fake of 
 governing your new Canadian fubjeds in a milder and more indul- 
 gent manner than they had heretofore been ufed to, and aflbciating 
 and connedting them with the greater part of your ancient and 
 natural-born fubjefts of Great Britain by the fltong tie of an union 
 and communion of laws, to introduce the laws of England in their 
 fti^dd. Thefe a(fls of parliament and other inflruments of govern- 
 ment are as follows ; 
 
 wi!t°^ P^'''^'" The a6ls of parliament that relate to this province are of two 
 kinds ; fome of them are prior to the conqueft of this province by 
 your Majefty's arms in the year 1760, but extend to your Majefty's 
 future American dominions, as well as thofe which belonged to the 
 Crown of Great-Britain at the times of pafling them, either by 
 exprefs words for that purpofe, or by fome general words that have 
 been deemed by your Majefty's minifters and law-officers, by juft 
 conftrudtion in law, to comprehend them j and others of the faid 
 adls have been pafied by your Majefty's felf, by the advice and with 
 the confent of your parliament, fmce the conqueft and cefllon of 
 this province by the laft definitive treaty of peace. 
 
 The moft ancient adl of parliament of the firft kind that we have 
 
 Stat. I. EUz. met with is that of the ift of Queen Elizabeth, chap, i, by which 
 
 "' ■ '' the pretended authority of the bifhop of Rome was aboliflied 
 
 throughout all the dominions of the crown of England. The 1 6th 
 
 fedlion of this ftatute is of the following tenor : ** And to the 
 
 intent that all ufurped and foreign power and authority, fpiritual 
 
 and temporal, may forever be clearly extinguished, and never to 
 
 be ufed or obeyed within this realm, or any other your Majefty's 
 
 dominions or countries, may it pleafe your Highnefs that it 
 
 may be further enadled, by the authority aforefaid, that no foreign 
 
 prince, perfon, prelate, ftatc, or potentate, fpiritual or temporal, 
 
 fliall, at any time after the laft day of this feflion of parliament, 
 
 uYe, enjoy, or exercife any manner of power, jurifdidlion, 
 
 fuperiority, authority, pre-lieminence, or privilege, fpiritual or 
 
 ecdeftaftical. 
 
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 ecclefiaftlcaU within this reahn, or within any other your 
 Majefty's dominions and countries that now be, or hereafter JfociH 
 be; but from thenceforth the fame fliall be clearly aboliflied out 
 of this realm and all other your Majefty's dominions for ever; any 
 ftatute, ordinance, cuftorrf, conftitutions, or any other matter or 
 caufe whatfoever to the contrary in any wife notwithftanding." 
 
 By this fedion of that ftatute, and the exprefs words, any other 
 your M.ye/iys dominions, and countries that noiu be, or hereafter jhall 
 b€y we humbly apprehend that all exercife of the pope's authority* 
 or of any ecclefiaftical authority derived from him, is prohibited in 
 this province as much as it is in England itfelf. 
 
 The next feclion of this a6l of parliament annexes all ecclefiaftical 
 jurifdi(5lion to the crown of England. 
 
 The 19th fL(flion requires all bifliops and other ecclefiaftical 
 perfons, and all ecclefiaftical officers and minifters, and all temporal 
 judges, juftices, mayors, and other lay or temporal officers and 
 minifters, and every other perfon having the Queen's fee or wages, 
 within the realm of England, or ajiy other her Highnefss dominions, 
 to take the oath of fupremacy. 
 
 The 24th fe(Sion enads, that every temporal perfon doing homage 
 for his lands to the Queen, her heirs or fucceflbrs, or that fliall be 
 received into the ferviceof the Queen, her heirs or fucceflTors, fliall 
 take the fame oath. 
 
 And the 27th fedion enadls, that if any perfon of any degree 
 whatfoever, dwelling within the realm of England, or in any other 
 the ^eerts realms or dominions^ fliall by writing, teaching, or 
 preaching, maintain or defend the authority, fpiritual or ecclefiaftical, 
 of any foreign prince, prelate, perfon, ftate, or potentate what- 
 foever, heretofore claimed, ufed, or ufurped within the realm of 
 England, or any dominion or country being within or under the ^ower, 
 dominion, cr obeyfance of the ^ecns htghnefs, he fliall forfeit all his 
 goods and chattels for the firft offence. 
 
 We fubmit it to your Majefty that this ftatute feems, from the 
 whole complexion of it, as well as from the pofitive words, your 
 
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 Majejly*s dominions that hereafter Jhall be^ to have been confidered 
 by the legiflature that pafled it as an indifpenfablc part of the general 
 policy of the Engl ifli government, and to have been intended to 
 take place in every country that either then made or fhould there- 
 after make a part of the dominions of the crown of England. 
 
 The next ftatute that we have met with of this comprehenfive 
 Stat isCr. 11. nature is the ftatute of the 15th of Charles the Second, chap. 7, 
 "^' '• intitled, •' An Adt for the Encouragement of Trade." In the 7th 
 
 fe£lion of this ftatute it is enabled, that after the 25th day of March 
 1664, no commodity of the growth or manufadlure of Europe 
 fhall be imported into any land, ifland, plantation, colony, territory, 
 or place to his Majcfty belonging, or 'which JJjall hereafter belong 
 unto, or be in the pojjejfon of, his Majejiy, his heir' and Juccejfors, 
 in Afia, Africa, or America (Tangier only excepted) but what 
 fliall be" laden and ftiipped in England, Wales, or the town of 
 Berwick upon Tweed, and in Englifti-built ftiipping. 
 
 Stat. 7 and 8 of Auother ftatute of the fame kind is the ftat. 7 and 8 Will. III. 
 
 Will. in. cap. j,|^^p^ 22, intitled, *• An A£t for preventing Frauds, and regulating 
 ** Abufes, in the Plantation Trade j" by which it is enafted and 
 ordained, that after the 25th day of March, in the year 1698, no 
 goods or merchandizes whatfoever fliall be imported into, or ex- 
 ported out of, any colony or plantation to his Majefty in Afia, 
 Africa, or America belonging, or in his pofTeHion, or which may 
 hereafter belong unto, or be in the pofjcffion of, his Mnjejly, his heirs 
 or fiiccejjors, in any ftiip or bottom but what is or (hall be of the 
 built of England^ or of the built of Ireland, or of the built of 
 the faid colonies or plantations. 
 
 And the other afts of parliament relating to the trade of your 
 Majcfty 's American colonies, though they have not fuch ftrong 
 poiitive words in them as the three ftatutes above-mentioned, yet 
 are generally underftood to extend to this province as well as to 
 your Majefty's more ancient American dominions ; and, agreeably 
 to this opinion, your Majefty has caufed a claufe to be inferted in 
 your cominillion to your governour of this province, direding him 
 to take the oath leqaired to be taken by govcrnours of the plan- 
 tations to do their utmoft that the feveral laws relating to trade and 
 plantations be duly ohierved ; and this oath he hath accordingly 
 
 taken,, 
 
[ 
 
 II 
 
 ] 
 
 taken. And your Majcfty's commiflioners of the cuftoms have ap. 
 pointed a coUedtor and comptroller of the cuftoms, and other 
 ofilcers neceflary for the collection of them, for this part of Quebec, 
 in order to carry all thefe adls of parliament into execution. 
 
 Another flatute that we underftand to be in force in this pro- stit.i.u Ann. 
 vince, though made before the conqueft of it, and not extended"''" '*' 
 by exprefs words to the fucure dominions of the crown of Great 
 Britain, is flat. 2, 12th Ann. chap. 18, intitled, "An Ad for 
 *' preferving all fuch Ships and Goods thereof which fhall happen to 
 " be forced on Shore, or ftranded, upon the coafts of this kingdom, 
 ** or any other of her Majefty's dominions." This ftatute, and 
 another of the 4th of Geo. I. chap. 12, for emoicing and m.aking 
 the former perpetual, have ban declared by your Majefty's attorney 
 and follicitor general, in the month of June 1767, in an opinion 
 given by them to your Majefty's lords commiflioners of trade and 
 plantations, upon a cafe ftated to them by thofe lords, to extend to 
 your Majefty's plantations in America : and.no exception is made in 
 their opinion of thofe of your Majefty's dominions in America 
 which have been acquired fince the paffing of thofe ftatutes. And 
 your Majefty's minifters have tranfmitted the faid cafe and opinion 
 to your Majefty's governour of this province, upon a fuppofition, 
 as we apprehend, that it extends to this province as well as to all 
 the others, 
 
 Thefe are the adls of parliament pafled before the conqueft and 
 -ccflion of Canada that we conceive to be in force in this province 
 by their own import and operation, and without needing any further 
 ad of government to introduce them. 
 
 Some of the ads of parliament pafled by your Majefty's felf 
 fince the conqueft and celfion of Canada relating to this province 
 are thefe that follow ; 
 
 The fiift of thefe ftatutes is that of the 4th year of your Majeftv's Jif.t ^ oc.. m. 
 reign, chap.^ i i, which, amongft other things, enads, that fo much "^' " 
 of an ad made in the 8th year of King George the Firft, intitled, 
 *• An x'\.d for giving further Encouragement to the Importation of 
 ** Naval Stores, and for other purpofes therein mentioned," as 
 relates to the importation of wood and timber, and of the goods 
 
 B 2 commonly 
 
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 ili'i 
 
 Ml 
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 T )• ^ 
 
 <Cap. 1$. 
 
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 commonly called Z«w^fr, therein particularly enumerated, from any 
 of your Majefty's Britifli plantations or colonies in America, free 
 from all cultoms and impofitions whatfoever, lliall be continued, 
 beyund the times appointed in former afts, to the 29th of September 
 in the year 1771- 
 
 In this ftatute the words Bn'ti/b plantations are generally under- 
 ftood to relate to this province as well as to your Majefty's other 
 colonies in America j and a copy of this ftatute has accordingly 
 been tranfmitted by the commiflioners of your Majefty's cuftoms in 
 London to your Majefty's coUedtor of the cuftoms in this port. 
 
 gt3t.4Geo.u1. 1*^6 next aft of parliament of this kind is of the fame 4th 
 year of your Majefty's reign, chap. 19. This ftatute exprefsly relates 
 to this province by name, behig intitled, *• An Ad for importing 
 •* Salt from Europe into the Province of Quebec in America 
 ijt a limited Time." it enads, *' that it fliall be lawful for 
 any of his Majefty'^ fubjedls to carry and import fait from 
 any part of Europe into the faid province of Quebec in America 
 in Britifti lliips and veffels manned and navigated according to the 
 adt of navigation j any lanv, ftatutCt iifage, or cujiom to the contrary 
 in any wife notivithjlanding.'" 
 
 By thefe laft words it feems to be fuppofed that all the former 
 laws and ftatutts of Great Britain relating to this fubjedt of the 
 importation and exportation of goods and merchandize, made before 
 the conqueft c,f this province, are of force in this province as weJ 
 as in the other Britilh provinces in America. 
 
 in. Another adl of parliament pafled by your Majcfty, and exprefsly 
 relating to this province, is the ftatute of the fame 4th year of your 
 Mtjefty's reign, chap. 15, intitled, '• An Adl for granting certain 
 '* duties in the Britilh colonics and plantations in America, and 
 " for other purpofes." By this .huute it is enadted, that certain 
 rates and duties therein mentioned ftiall be paid upon feveral fpecies 
 of foreign goods therein enumerated that (hall, after the 29th day 
 of September 1764, be imported or brought into any colony or 
 plantation in America, ivh'ich now is, or hereafter may be, under the 
 dominion of your Majefty, your heirs and fucceflbrs ; and thefe 
 dudes are accordinrlv levied and paid in this province. 
 
 Thefe 
 
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 It 
 
 '",tat.4 Geo 
 
I '3 ] 
 
 Thefe are the ads of parliament, or at leafl rome of them (for 
 pofiibly there may be others which have cfcaped our notice) which 
 by their own import and operation extend, as we conceive, to this 
 province, without the help of any other inllrument or a6l of 
 government to introduce them j and therefore fuch parts of the 
 Jaws of England as are contained in thcfe ftatutes are certainly 
 in force in this province, being introduced into it b) the hi l'.. eft 
 authority, that cf" your Majefty, or your royai predeceflbrs, in con- 
 junction with both houfes of parliament. The remaining pares of 
 the laws of England have been introduced, or arc generally uiider- 
 ftood to have been introduced, by a feries of public inftruments, 
 or adls of government, founded on your Majelly's royal authority 
 alone, without th; concurrence of your parliament. Thefe public 
 inflruments and adls of government are as follows : 
 
 The firft of thefe public inftruments is the capitulation granted Articles of ca- 
 by your Majefty's general. Sir Jeffrey Amherft, to the inhabitants LTJo'the cana- 
 •of Canada at the general furrender of the whole country to your j|'"^^^[iy j^'"' 
 Majefty's arms in the year .1760. In the 4.26. article of this '7(i^• 
 capitulation it is defircd by the French commander, on the behalf of ""'*'** ' 
 the French and Canadian inhabitants of this province, that they 
 ftiall continue to be governed according to the cuftom of Paris and 
 the laws and ufages eftablilhed in this country ; to which it is 
 anfwered by your Majefty's general, that they become fubjefts to 
 the King : by which it (hould feem, that thefe your Majefty's new 
 fubjecls in this province were put upon the fame footing as your 
 Majefty's other fubjeds in other parts of your Majefty's Britifli 
 dominions with refpetfl to the laws by which they were to be governed, 
 and the power of iegillation that was to be exercifed over them for 
 the time to come j and that the continuance or abolition of their 
 former laws and cuftoms was to depend entirely upon the future 
 counfels \/hich your Majefty, in your royal wifdom, fliould find it 
 expedient to purfue. 
 
 The 27th article of this capitulation demands, that the free ^"''^^e*'''^ 
 excrcife of the Roman Catholic religion fliall fubfift intire, in fuch 
 manner that all the people (hall continue to alTemble in the churches 
 and to frequent the facramcnts as heretofore, without being molelled 
 in any manner, diredly or indiredlly ; and then it goes on and 
 demands, in the fecond place, that the people fliall be obliged by 
 
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 the Englirti government to pay the prieflo the tirlics and all the taxes 
 they were ulld to pay under the government of the I'"rcnch king. 
 The general's anfvver to this article is as follows : " Grafited, as 
 " to the free exercife of their religion. The obligation of paying tithes 
 *' to the prii'Jls idiU depend on the Kings pkajure^'' By this anfvver 
 it is evident that a bare toleration, or permiifion to exercife freely 
 the Roman Catholic religion, without being molcftcd for fo doing by 
 the execution of the penal laws of England upon that fubjedt, is 
 granted to the Canadians, together with a reafonablc ufe of their 
 churches for that purpofe, though not, as we conceive, to the intire 
 exclufion of your Majelly's Protellant fubjefts from making ufe of 
 the fame churches likewife : but a legal edabliihment of that re- 
 ligion, with a right to exatl their tithes fiotn the people as legal 
 dues and not as voluntary contributions, is refufed them^ until your 
 Majefty's pleafure fliall otherwifc direOl, which your Majefty has 
 not yet judged expedient to do. By this refufal all thofe parts of 
 the Canadian laws and ufages relating to the payment of tithes and 
 other church dues arc eiuicr abolifhed or fufpcnded. 
 
 Article 31II. The 3 1 ft article of the iame capitulation is as follows : "The 
 
 ** bifliop (hall, in cafe of need, ellablifh new parilhes, and provide 
 for the re-building cf his cathedral and his epifcopal palace j 
 and, in the mean time, he {hall have the liberty to dwell in the 
 town or pariflies, as he (hall judge proper. He ihall be at liberty 
 to viiit his diocefe with the ordinary ceremonies, and exercife all 
 ** the jurifdidtion which his predecellbr exercifed under the French 
 '* government, fave that an oath of fidelity, or a promife to do nothing 
 *** contrary to his Britannic Majefty's fervice, may be required of 
 *' him." To this article your Majefty's general made the following 
 anfwer : ** This article is comprij'ed wider the foregoing." Now the 
 foregoing, or 30th, article is directly refufed j therefore this article 
 muft be deemed to be refufed likewife : and confcqucntly by this 
 refufal ail thofe parts of the Canadian laws and cuftoms that give 
 a right to the biftiop of Quebec to eftabliih new parilhes, and to 
 provide for the re-building of his cathedral and his epifcopal palace, 
 and to vifit his diocefe with the ordinary ceremonies, and to exercife 
 the jurifdidion which had been exercifed by his predecelfors under 
 the French government, are aboliftied ; and your IMajefty's eccle- 
 fiaftical fupremacy is vindicated and fupportedin a mannc* i|;,2eable 
 to that important and univerfal ftatute of the ift of Queen Liizabeth 
 above cited. 
 
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 The next public inftrument relatinrr to the condition of this "^^^ definitive 
 
 !/••• r 111 T-»» 1 fWy o' peace. 
 
 province is the definitive treaty of peace concluded at Pans on the 
 loth il.iy of February 1763. In the fourth article of this treaty it 
 is declared, that your Majefty will give the moft efFedtual orders 
 that your new Roman Catholic fubjeds may profefs the worfliip of 
 their !eli::ion accjiding to the rites of the Romifti church, as Jar 
 ,is the wivs of Great Britain permit. By this reference to the laws 
 ot Great ^'ritain it fhould feem to have been your Majefty's inten- 
 lioii that thofe laws (hould be the fundamental rule of government 
 in this province. 
 
 The next public inftrument relating to this fubjedl, and upon The King's pro. 
 which great ftrefs has been laid by all your Majefty's Britifli fubjed:s oaX'""?*". 
 that have reforted to this province, is your Majefty's royal procla- 
 mation of the 7th of Odober 1763, which feems to have had 
 principally in view the profit and advantages that might accrue to 
 your Majefty's Britidi fubjeds by reforting to, or fettling in, the 
 countries that had lately been ceded to your Majefty by the definitive 
 treaty of peace. By this very folemn and important inftrument, 
 pallid under your Majefty's great feal of Great Britain, it is declared, 
 that *' your Majefty, being defirous that all your Majefty's loving 
 fubjeds, as well of your kingdoms as your colonies in America, 
 *' may avail themfelves, with all convenient fpeed, of the great 
 ** benefits and advantages that muft accrue from the great and 
 valuable acquifitions lately ceded to your Majefty in America, to 
 tl eir commerce, manufadures, and navigation, has thought fit, 
 with the advice of your privy council, to ered four new govern- 
 ments to be ftiled and called by the names of Quebec, Eaft 
 Florida, Weft Florida, and Grenada ; and that, as it will greatly 
 contribute to the fpeedy fettling the faid new governments that 
 your Majefty's loving fubjeds ftiould be informed of your Majefty's 
 paternal .care for the fccurity of the liberty and properties of 
 thofe wiio are or fliall become inhabitants thereof, your Majefty 
 hath thought fit to publifti and declare, by that your Majefty's 
 proclamation, tliat your Majefty has, in the letters patent under 
 the great leal of Great Britain by which the laid governments 
 are conilituted, given exprefs power and diredions to your 
 governours in the laid new colonies, that, fo foon as the ftate 
 and circumftances of the laid colonies will admit thereof, they 
 ftiall, with the advice and confcnt of the members of your 
 
 <-* Majefty 'a 
 
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 " Majcily's councils, fummon and call general afil-niblles within^ 
 the iliid governments, in iuch manner and ibrm as is ufed and 
 direikd in thole colonies and provinces in America which are 
 " under your Majcfty's immediate government; and that yout 
 " Majef^y has alfo given powers to the laid governours, with the 
 " conlcPit of your 5/Iajerty's laid councils, and the reprefentatives 
 " fo to be lummoned as atbrcfaid, to make, conilitute, and ordain 
 '* lav/s, ftatutes, and ordinances for the public peace, welfare, and 
 " good government of your Majefty's faid colonivjs and of the people 
 " and inhabitants thereof, as near as may be to the laws of England^ 
 " and under fuch regulations and reftridUons as are ufed in other 
 " colonics." And then it is further declared in your M^jeily's faid 
 proclamation, •' that in the mean time, and until fuch affcmblies 
 " can be called as aforefaid, all perfons inhabiting in or reforting to 
 " your Majeily's faid colonies may confide in your Majeftys royal 
 *' proteSfion for the enjoyment of the benefit of the hii.'s of your realm 
 *' of England ', and that for that purpole your Majefiy had given 
 power under the great feal to the governours of your Majerty's 
 faid new colonies to eredl and conftitute, with the advice of your 
 Majefty's fiid councils refpedtively, courts of judicature and 
 public juftice within the faid colonies for the hearing and deter- 
 mining all caufes, as well criminal as civil, according to law and 
 equity, and, as near as maybe, agreeably to the laws of England, 
 with liberty to all perfons who may think themfelves aggrieved 
 by the fentence of fuch courts, in all civil cales, to appeal, under 
 the ufual limitations and reftridions, to your Majelly in your 
 privy council." 
 
 
 1 
 
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 The fcnfe in Thcfc arc thc words of your Majefty's (iiid proclamation, and by 
 
 ciim!.\ion\as°' them your Majefty's Britifli fubjeds in this province declare that 
 
 br'the^'^BritDh ^^^y ^^^^ always underftood that the laws of England have been 
 
 ijihai.itaiits of introduced into this province, and that it was your Majefty's inteu- 
 
 ispiuMnce, ^.^^ ^^ aflimilate the laws and civil government of it to thofe of the 
 
 other American colonies and provinces which are under your 
 
 Majefty's immediate government, and not to continue the municipal 
 
 laws and cuftoms by which the conquered people had heretofore 
 
 been governed. And through a confidence in this proclamation, 
 
 underftood in this fenfe, they fay they have quitted their native 
 
 country to come and fettle in this province, expelling to change 
 
 only their climate by fuch a removal in purfuit of commercial 
 
 advantages. 
 
[ >7 ] 
 
 hange 
 lercial 
 tages, 
 
 adviintagcs, nnd not to become fubjcdi to the laws of the conqucreJ 
 people, with which they are wholly uiiacouiiintcd, and againft 
 which (ihougli perhaps without rcalbn) they c u'taia llrong 
 prejudice:-. 
 
 And in this f^^nCc w.ig this proclamation undcrrtood alfo by your ?nd hy lu* m*- 
 Majcfty's late guveiiunir of this province and his council, who didvonomar'a"'" 
 not, in m.'Jiing the inipoitant ordinance above mentioned, of the'^'^""'"' 
 the 17th of S.^ptenibcr 1764, conceive thcmfelvcs to be overturning 
 all the ancient hws and culloms of this country, and introducing 
 the laws of Englami in their ftead, but meant only to ereil and 
 conflitute courts of judicature to adminifter a fyflem of laws already 
 in being, to wit, the laws of England, which they conceived to have 
 been already introduced there by the words of your Maiefty's pro- 
 clamation. And in this fenfe like wife your Majefhy's lordi com- ;n,! theW^u 
 niii'lioners for trade and plantations, in the month of September 1765, f;7('"a^;c"anj" 
 undcrllood thefe words in your Majefty's proclamation : fur in ihepi''"'«'">"sin 
 7th and lafc article of a report made by the faid lords ccmmilfioners, ns;. 
 upon certain ir.tmorials and petitions from your Majefty's fubjedis 
 in this province, complaining of the ordinances and proceedings of 
 the governour and council of this province, and of the then prcfent 
 cftabliftiment of courts of judicature and other civil conftitutions, 
 to the lords of the committee of your Majefty's privy council for 
 plantation affiiirs, dated on the 2d day of September in the faid 
 year, the faid lords commilfioners of trade propofe, t/j.!t in a// cafes 
 ivhcre rights or claims are founded on events prior to the conqueji of 
 Canada^ the fevcral courts pali be governed in their proceedings by 
 the French ufages and cujtoms ivhicb have heretofore prevailed in 
 refpeSl to Jiich property ; from which words it appears plainly that 
 their lordfliips underftood that in all cafes, where rights and claims 
 are founded on events pofterior to the faid conqueft, the feveral 
 courts of juftice were to be governed by the Englifli laws, and that 
 their lordihips \Vere follicitous to make an exprefs provifion, that 
 this general rule of deciding cafes according to the Englilh laws 
 (hould not be applied to fuch caufes as were founded on events that 
 were prior to the faid conqueft, in which cafes it would be 
 manifeftly unjuft. 
 
 We know at the fame time that your Majefty*s attorney and J'^'-i'^re f^* 
 folUcitor general, in the following month of April 1766, under- X.h'??^ wa" 
 
 c ftoodi:-^j;^:|^ 
 
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 attorneyandfoi- ft ood tfic words of your MiijcAy's royal proclanntion in a more 
 in vCrs's.' confined {enCe, as being introdudivc of only Tome Icleifl parts of 
 the laws of England that were more particuinrly licncricinl to your 
 Majefty's Englidi fubjccls, and not of the whole body of thofc 
 laws. This they took to be the true import of thefe words in your 
 Majefty's proclamation above-mentioned, t/je cnjjyincnt of the bcncjU 
 of the laws of England ; and they were of opinion that the criminal 
 laws of England were almofl; the only laws that came under that 
 dcfcription j and that the laws of England relating to the defcent, 
 alienation, fettlements, and incumbrances of real eftates, and to 
 the diflribution of perfonal property in cafe of inteftacy, were 
 certainly not comprehended under it. Whether this or the former 
 way of interpreting this part of your Majefty's pi-oclamation is the 
 the true one, belongs only to your Majefly to determine, according 
 to the ancient rule of lav/ laid down by the celebrated lawyer 
 Bradloiiy that ** cujiis cjl conderc, ejus ejl interpretari." All that we 
 prefume to do on this occafion is to hy before your Majefly a full and 
 plain hiftorical account of the fe\eral public inftrumeni? and a6ls 
 of government by which the laws of England have cither been 
 introduced, or imagined to be introduced, into this province 
 in lieu of thofe laws and cuftoms which were obfervcd in it 
 heretofore. 
 
 Thecommiffion The ncxt pubHc inftrumcnt of this kind is your Majefty's com- 
 Iiumy°i^i7(54 "^'ffioi^ to General Murray in the year 17*^4, to be vice-admiral, 
 commiflary, and deputy in the office of ice-admiralty in the 
 province of Quebec. This is a judicial commiflion, by which the 
 faid General was impowered to enquire, by the oaths of honeft and 
 lawful men of the faid province, of all and Angular matters and 
 things which of right, and by the ftatutes, laws, ordinances, and 
 cuftoms, anciently obferved, were wont and ought to be enquired 
 after i and of wreck of the fea -, and of goods of felons of them- 
 felves; and likewife of goods waived, flotfon, jetfon, ligan, 
 deodands, derelids, and other cafualties upon the fea, or fea coaft, 
 or frefti-water rivers, as far as the tide flows ; and alfo of anchorage, 
 laftage, ballaft, and fidi royal anciently by right or cuftom belonging 
 to your Majefty ; and to arreft or caufe to be arreftcd, according 
 to the civil and maritime laws and ancient cuftoms of your 
 Majefty's court of admiralty, all fliips, pcrfons, and merchandizes 
 for caufes arifin^ within the maritime jurifdidion, and to hear and 
 ^ - ' determine 
 
 to be vice ad 
 miral of the 
 province of 
 ^ebcc. 
 
 m^ 
 
C 19 ] 
 
 determine the faid caufcs, with all the matters incident thereunto, 
 according to the laws and cuftoms aforcfaid ; and to fine, chaililc, 
 and imprilon within any of the gaols of the province the parties 
 that fliall be found guilty, according to the rights, ftatutes, laws, 
 ordinances, and cuftoms anciently obferved. 
 
 By this commifTion it is evident your Majefty has introduced 
 into this province all the laws of your Majefty's Englifli court of 
 admiralty, in lieu of the French laws and cuftoms by which 
 maritime caufes were decided in the time of the French govern- 
 ment. 
 
 F 
 
 The next public inftrument relating to this fubje<5l is your The commimm 
 Majefty's commiflion to General Murray in the year 1764 to be chifi-'o" "ws '" 
 captain general and governour in chief in and over this your f^ Gc'n''''MJrn« 
 Majefty's province of Quebec. This commiflion, and tlio in- in 1784, /"J >he 
 ftruftiuns that accompanied it, feem everywhere to pre-fuppofeaccompa"'''^'"' 
 that the laws of England were in force in this province, being full 
 of allufions and references to thofe laws on a variety of different 
 fubjcifts, and do not contain the leaft intimation of a faving of any 
 part of the laws and cuftoms that prevailed here in the time of 
 the French government. 
 
 It feems as if your Majefty had been of opinion, that by the a probaUe in- 
 refufal of General Amhcrft to grant to the Canadians the continuance ftiic"and7uVort 
 of their ancient hws and ufages, and by the reference made in the "liJj^,^/'''^^ f^!" 
 fourth article of the definitive treaty of peace to the laws of Great ftruaiont. 
 Britain, as the mcafure of the hidulgence intended to be fliewn them 
 with refpedl to the exercife of their religion, futficient notice had 
 been given to the conquered inhabitants of this province, that it 
 was your Majefty's ple.il'ure that they fliould be governed for the 
 future according to the laws of England, and that they, after being 
 thus appriled of your Majefty's intention, had confented to be fo 
 governed, and had teftified their faid confent by continuing to reftde 
 in the country and taking the oath of allegiance to your Majefty, 
 when they might Ivave v/ithdravvn themfelves from the province, 
 v^ ith all their eftecls and the produce of the fale of their eftates, 
 within the eighteen months allowed by your Majefty for that 
 purpofe. 
 
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 Thefe are the public iuflruments by which it is generally ruppol'cJ, 
 by thoie who have perufcd them, that the laws of" Engl.ind have 
 been introduced into this province. But as your Majclly's royal 
 proclamation above-mentioned, and your conimiflion to Genera! 
 Murray to be governour in chief of this province, have never been 
 publithed here in the French language, and as the provincial ordi- 
 nances above-mentioned of the 17th of September and the 6lh of 
 November 1764, which have been publiflicd here in the French 
 language, have mentioned this change in the laws in very concin; 
 and general terms, without fpecifying or defcribing any of th-j laws 
 of England that were thereby introduced, the greatcfl part of your 
 Majefty's new fubjcdis remain ignorant of t/je extent of the change to 
 this hour, and imagine tliat their ancient laws and ufages are /;; Matiy 
 l"^'hJ^L7' P^'"^^ ^^^^ ^" force. They dill divide theii^ lands upon an inheritance 
 vOgcs arc iiiu in the fame manner as before the conqueft; their widows arc ad- 
 mitted to the lame iliares or them as before, without any regard 
 to the Englifli rule of dower, which differs widely from that of the 
 French law i and the perfonal cftates of perfons who die inteftate 
 are diilributed at their deccafc according to the rules of the French 
 law, which are fomewhat different (though not very greatly, as we 
 are informed) from thofe of the Engliih flatute of diftributions; 
 and the diftributions of their pcrfonal eftates have likewile been 
 made for the moft part by perfons autliorized thereunto in the 
 manner tliat was ufual under the French government, and not by 
 receiving letters of adminillration from your Majefty's governour of 
 the province in the manner direded by your Majefty's inftrudions. 
 Fortunately for the peace of the province no litigations have yet 
 arifen in any of your Majefty's courts of juftice to give occaiion to 
 decifions that would make them acquainted with the change of 
 the laws in thefe particulars, which would probably create a great 
 deal of uneaiinefs. 
 
 ohicrved by the 
 Cunadiius. 
 
 
 A Jiverfity in 
 till.' praOite of 
 llif Knglilh and 
 Canadian inlia- 
 liitants of the 
 province, with 
 refpea to Utters 
 of adminiftra- 
 tion and the di> 
 ftiibution of the 
 « (Teas of perfons 
 vho die in- 
 .(«itutc. 
 
 Yet upon the deceafe of your Majefty's Brltifli fubjeds in this 
 province, their relations have taken out letters of adminiftration 
 from the governour of the province, agreeably to your M.^jefty's 
 inftrudion for that purpofe, and, as wc believe, have follov/ed the 
 Englifli rule of diftribution j and feme few, but very fev/, of your 
 Majefty's new fubjecfls have likewife taken out letters of ad- 
 miniftration in the fame manner, but have followed, as we believe, 
 
 the 
 
 „f| 
 
[ » ] 
 
 ilie rules of the French law, with refpedl to the diftribution of 
 the efrcdts. We humbly apprehend that this divcrfity in the 
 praflicc of your Mujefly's fubjcds in this province may hereafter be 
 the occafion of feme confufion, though happily no bad confequcnccs 
 have hitherto followed from it. 
 
 Thcij has likewife been a diverfity in the pradlice of your 
 M.jell^y's old and new fubjeits with refpecfl to the manner of con- 
 veying and mortg.iging landed property. Your Majcfty's Brititli 
 fubjtcls have bought and fold lands and houfes by inftiuments drawn 
 up by Engli(h lawyers according to the English modes of con- 
 veyancing; and your Majefty's Canadian fubje"6ls have employed 
 Canadian notaries, or fcriveners, for the fame purpofcs, who have 
 followed the French forms of conveyancing made ufe of before the 
 conqucrt. And it has often happened that the fame lands and 
 houfes have been fold and bought and mortgaged by both French 
 and Englifh conveyances, as they have pafTed into the hands of 
 Canadian or Britifh proprietors. This alfo, we conceive, may 
 hereafter be produclivc of fome confulion. . . 
 
 An.):licr di ver- 
 ity in tlicir 
 piaOice with re* 
 I'l'fdt tu the 
 i.unncr of sou* 
 veyin;; auJ 
 mortjiaging 
 lanJwpropeity, 
 
 TKio ^'^ the law* of 
 *■ "'= England. 
 
 Leafes have likewife been made of lands near Quebec for ^n fome inaan- 
 
 I , ,- . ^ . ,~ . . , . . ^*- , 1 CC5 the Canadi- 
 
 twenty-one years by the lociety or jeluits in this province, though ans have follow. 
 by the French law they can only be made for nine years. 
 has been done upon a fuppofition that the reflraints upon the 
 power of leafing linds impofcd upon the owners of them by the 
 cuftom of Paris, of which this is one, have no longer any legal 
 exiftence. Upon the fame principle many owners of feigniorics, 
 Canadians as well as Englillimen, have made grants of uncleared 
 land upon their fei^niories for higher quit-rents than they were 
 allowed to take in the time of tlic French government, without 
 regard to a rule or cuftom that was in force at the time of the 
 conqueft, that reflrains them in this particular. And as thefeigniors 
 tranfgrefs the French laws in this refj-'e-t, upon a fuppofition that 
 they ate aboliihed or fuperfeded by the laws of England, fo the 
 freeholders, or peafants, of the province tr'.nfgrefs them in other 
 inflances upon the fame fuppolitioa. For example, there was a 
 law made by the French king concerning the lands of this province, 
 •ordaining, that no man ftiould build a new dwolling-houfe in the 
 country (that is, out of the towns and villages) without having 
 fixty French arpents, or about fifty Englidi acres, of land adjoining 
 
 >.',!'■ 
 
 i ''J 
 
1 "' 
 
 '11'' 
 
 % 
 
 m 
 • lilt* 
 
 I 'HI! 
 
 [ " ] 
 
 to it, and that, if, upon the death of a freeholder and the partition 
 of his lands amongft his fens, the (hare of each fon came to lefs 
 than the (aid lixty arpents of land, the whole was to be fold, and 
 the money produced by the fale divided amongft the children. This 
 was intended to prevent the children from fettling themfelves in a 
 fupinc and indolent manner upon their little portions of land, which 
 were not fufficient to maintain them, and to oblige them to let 
 about clearing new lands (of wliich they had a riglit to demand 
 of the fcigniors fufficient quantities at very eafy quit-rents) by 
 which means they would provide better for their own maintenance, 
 and become more ufeful to the public. But now this law is intirely 
 difrcgarded ; and the children of the freeholders all over the 
 province fettle upon their little portions of their father's land, of 
 thirty, or twenty, and fometimcs only ten acres, and build little 
 huts upon them, as if no fuch law had ever been known here : and 
 when they are reminded of it by their feign iors, and exhorted to 
 take and clear new trafts of land, they reply that they undcrftand 
 that by the Englith law every man may build a houfe upon his own 
 land whenever he pleafes, let the fize of it be ever fo ("mall. This 
 is an unfortunate pra6lice, and contributes very much to the great 
 increafe of idlenefs, drunkenncfs, and beggary, which is too vilible 
 in this province. 
 
 Further, many perfons who have purchafed feigniories in this 
 province, and amongft them fome Canadians, have hitherto declined 
 paying to your Majefty's receiver-general the mutation-fine, or fifth 
 part of the purchafe money, due to your M.ijeity upon the admifiion 
 of every new feignior by the cuftom of Paris. The Englilh pur- 
 chafers fay that this, being part of the cullom of Paris, is now 
 aboli(hed by the introdudion of the laws of England ; and the 
 Canadian feigniors fay that it is not due to your Majofty till they 
 have been regularly inverted with, or put in pofTefilon of, their 
 feigniories, with all the rights and jurifdidtions thereunto belonging, 
 by your Majefty's ollicers of govenmient, and have been admitted 
 to take the oath of fe;ilty and perform the ceremony of homage 
 to your Majefty for the (aid lands ; which has not hitherto been 
 done. 
 
 Thus \t appears that in many refpet^s the Canadians apprehend 
 the law:;- of England to be in force in this province, and tliut they 
 
 endeavour 
 
 '^i 
 
 
[ =3 ] 
 
 endeavour to apply them and put thciri In pracStice whenever they 
 
 tl 
 
 th^ 
 
 take them to be for their advantage; tiiougii iii otn> r pnint>, ant 
 particuhirly in thofe of inheritance and dower, and the dill:rihutioa 
 of the effcvlts of perfons who die intellate, they have univerfally 
 adhered to their foimer laws and ufages. 
 
 In criminal proceedings the Canadians as well as Englllh univer- C'lmimi Fro- 
 fally fuppofe the laws of England to be in force. No others are'^"""'^' 
 ever mentioned or thought of; and the Canadians feem to be very 
 well latisfied with them. 
 
 And in all civil proceedings carried on In the fuperiour court, or C'vii proceej- 
 court of King's Bench, the forms of all adtions, the ftile of the otKing-sUench. 
 pleadings ufed in them, the method of trial, and the rules of 
 evidence are thofe which are prefcribed by the Englifli law, and are 
 univerfally known by the Canadians to be fo. 
 
 In the court of Common Pleas the proceedings are drawn up in civii proceed- 
 any form and iHle that the parties, or their advocates, think proper, o't^co"i^'ott"'' 
 and fometimes in the French and fometimes in the EnglKh ^*"'* 
 language, as the attornies who prepare them happen to be Canadians 
 or Engliflimen ; and for this reafon they are oftcncfl in the French 
 language, moft of the bulinefs in this court being managed by 
 Canadian attornies. 
 
 Arrcfts of the body for debt are ufed in the firft inftance both Arrcfts of the 
 upon fuits In the court of King's Bench and fults in the court of °'^ ""^ * ' 
 Common Pleas, and even upon fuits inftituted before juftices of the 
 peace. This is a part of the Engllfh law that a good deal furprized 
 and alarmed the Canadians upon its firft introdudtlon, as it carried 
 an appearance of much greater feverity than was pradifed under 
 their own laws, which allowed of imprifonment only in criminal 
 proceedings and In fome few civil fuits grounded on bills of ex- 
 change, or other inilruments of a commercial nature, and then 
 only in execution of a judgment of the court, and not in the 
 beginning of the fult ; but now they are grown accuftomed to this 
 way of proceeding, and frequently put It in pradice againfl: each 
 other: and many pcrions of good fenfe and charadler, of both 
 nations, are of opinion that, confidering the great credit that has 
 been given by perfons in trade in this province, and the knavlfli 
 
 and 
 
 1i 
 
 m 
 
!1 
 
 m 
 
 AW' 
 
 '9 
 
 M' 
 
 mi 
 
 i 
 
 
 Remarks on 
 fome of the 
 I'oregoing in- 
 ftrumcnu. 
 
 [ 21- ] 
 
 and tilckifh difpofitlon that has appeared In mnny of thof: to whom 
 it has been given, there is no oiher method of piOvCediJig by 
 which the creditors can hope to obtain payment of their debts. 
 I'his is more cfi.x;c:ally the opinion of your iMaJLliy's Bii'dih 
 fiibjecls that are concerned in trade in this province, many of v/Iioin 
 objected fome time fince to tlie execution of even a pnrt of tlie 
 Enghth law itfelf, to wit, that part of it which relates to com- 
 miliions of bankruptcy, upon a fuppofition of it's being too 
 indulgent to debtors to be ufi;i^ul in this province i yet other pcrfons 
 are of a different opinion, and think arreils of tlie body in the firfl 
 inflance an unncceffary piece of harflinefs in civil fuits, and wifli 
 that it were reftrained j and to this opinion we humbly fubmit it to 
 your Majefty that we are ourfelves inclined. 
 
 This is, as v/e conceive, a faithful reprcfentation of the prefent 
 ftatc of the laws in this province, and of the public inftruments 
 and ads of government upon which it is founded. We now beg 
 leave to lay before your Majefty certain doubts th.it jiave arifen, and 
 may arife, concerning the validity of thofe inllrumcnts, and the 
 extent of their legal operation. 
 
 We (hall fay nothing concerning the validity of your Majefly's 
 proclamation of the 7th of 0<5lober 1763, and the high legillative 
 authority which your Majcfty has therein thought proper to e\'ercife 
 with refpedt to your Majefty's new colonics, though there are 
 perfons who think that this branch jf your Majefly's royal pre- 
 rogative ought rather to have been exercifed in conjunftion with both 
 houfes of parliament: but we fliould fuppofe that v/hat your Majefty 
 has thought fit to do in this refpedt by the advice of your Alajefty's 
 privy council mufl be legal, and confequcntly that the operation of 
 the words above cited from your Majefty's faid proclamation is 
 complete and inconteftable fo far as the true meaning of them can 
 be al'certained. But if your Majefty in your royal wifdom fliould 
 interpret them in a different fenfe from that in which they have 
 been generally underfliood, and fhould declare that they w^ere not 
 meant to introduce the whole body of the laws of England that 
 were not in their nature local, but only to introduce fome particular 
 parts of them that were more immediately beneficial to your 
 Majefly's fubjeds, agreeably to the fenfe in which they were under- 
 ftood by your Majefty's attorney and follicitor general in April 1766; 
 
 or, 
 
 !Js; 
 
 
[ *5 ] 
 
 or, if your Majefty ftiould declare that they were not meant to 
 introduce immediately any part of the laws of England into thofe 
 provinces, but only to promife and afiure your Majefty's Britifli 
 fubjedis that your Majefty would, in due time and place, and by par- 
 ticular and exprefs promulgations, introduce fome fcledt parts of the 
 laws of England that were more immediately conducive to their 
 welfare and fatisfaftioti j in either of thefe cafes we beg leave to fubmit 
 it to your Majefty's confideration, whether the ordinances above- 
 mentioned, of the 17th of September and the 6th of November, 
 can be deemed of fuliicient validity to introduce any part of the 
 laws of England that were not already e{labli(hed by your 
 Majefty's faid proclamation. Our reafons for doubting this are 
 as follows : 
 
 Your Majefty by your commifllon to General Murray, dated the 
 2ift day of November in the 4th year of your Majefty's reign, to 
 be governour in chief of this province, was pleafed to delegate unto 
 him a certain limited legidative authority, to be exercifed by him 
 by and with the advice and confent of your Majefty*s council of 
 the province, and of the general aflembly of the freeholders and 
 planters in the fame therein directed by your Majefty to be fum- 
 moned, to wit, an authority to make, conftitute, and ordain laws, 
 ftatutes, and ordinances for the public peace, welfare, and good 
 government of the faid province, not repugnant, but, as near as may 
 be, agreeable to the laws and ftatutes of your Majefty's kingdom 
 of Great Britain. But your Majefty did not in any part of the faid 
 commiflion delegate either this or any other legiflative power to your 
 faid governour to be exercifed by him with the advice and confent 
 of the council only, without the concurrence of an aflembly. Now 
 no aflembly of the freeholders and planters has hitherto been fum- 
 moned; confequently all the ordinances that have hitherto been 
 made, fo far as they have a legiflative tendency, have been made 
 without any warrant or authority from your Majefty's commiHlon to 
 your governour, and perhaps may, upon that account, be juftly con- 
 tended to be null and void. 
 
 If this be fo, the words in the ordinance of the 17th of September 
 1764, which diredt the court of King's Bench to determine all 
 civil and criminal caufes agreeably to the laws of England, and the 
 other words of that ordinance, and of the ordinance of the 6th of 
 
 D November 
 
 By the King's 
 commidloii to 
 thegoveroouia 
 cert«'n degree of 
 legiflative au- 
 thorityis com- 
 munioated to 
 ititn, to be ex- 
 ercifed with th« 
 advice and con- 
 fent of the couii' 
 cilanrfaflemblT; 
 
 but none to be 
 exercifed with- 
 out the confent 
 ot',ia aflembl}'. 
 
 ' i, I 
 
 Hf. 
 
 ■ XV''- 
 
 ■'« u 
 
 n 
 
 
.:i 
 
 ,:«,, 
 
 ¥; I 
 
 A very limltcJ 
 legillativc au- 
 thority io given 
 tothcnoveinoiir 
 by a private in- 
 llruOion, to be 
 exciciicd by the 
 advice and con- 
 ftnt of the 
 council only. 
 
 A doubt con- 
 cerning the le- 
 gality of this 
 method of com- 
 municating a 
 legiflative au- 
 thority. 
 
 [ 26 ] 
 
 November following, which purport to introduce the laws of England 
 into this province, can have no legal operation to change the laws 
 which were then fubfifting in the country j and the ordinance of 
 the 17th of September muft be confidered only as an executive adl 
 of government, eredling and conflituting courts of judicature in the 
 province for the adminiftration of the laws in being, v/hatever 
 thofe laws might be ; and in this view it is certainly a legal and valid 
 ordinance, becaufe your Majefly had, by an exprefs claufe in 
 your commilTion aforefaid, given your faid governour full power 
 to credl fuch courts with the advice and confent of the council 
 only. 
 
 It is true indeed that your Majefty did give a private inftrudlioii 
 to your late governour, purporting to communicate to him a certain 
 degree of legiflative authority to be exercifed by him, by and with 
 the confent of the council only, without any aflembly ; to wit, an 
 authority to make fuch rules and regulations as JhaJl appear to he 
 necejfary for the peace, order, afid good government of the faid 
 province^ taking care that nothing he pajfed or done that Jhall any 
 nvays tend to affeSi the life, limb, or liberty of the fubjeSl, or to the 
 impojing any duties or taxes. But we fubmit it to your Majefty's 
 confideration, whether a power of this kind can be communicated by 
 any other infl:rument than letters patent under your Majefty's great feal 
 of Great Britain, publicly read and notified to the people, to the end 
 that the a»fls done by virtue of them may have a juft claim to their 
 obedience ; for otherwife they may alledge that they are faithful 
 and loyal fubjeds to your Majefly, and ready to pay obedience to 
 every thing that your Majefty's felf fliall ordain, and likewife to 
 every thing that Ihall be ordained by your Majefty's governour by 
 virtue of powers properly communicated to him by your Majefty ; 
 that confequently they will obey him in every thing he fliall do by 
 virtue of the powers conveyed to him in your Majefty's commiflion 
 which has been publicly read to them ; but that in the things not 
 warranted by the faid commiflion, but faid to be done in pursuance 
 of certain private inftrudtions that have not been made known to 
 them, and which they are therefore uncertain whether he has 
 received or not, they cannot prefume that he a£ls by your Majefty's 
 authority, and therefore are not bound to obey him. For this 
 reafon we humbly apprehend, that the private inftrudion before- 
 mentioned cannot have legally conveyed to your Majefty's governour 
 
 and 
 
r «7 '] 
 
 and council the leglflative authority mentioned in it, fmall and 
 narrow as it is. 
 
 But fecondly, if a private inftruflion fliould be deemed to be a S'o&ym'r. 
 lejial method of communicating a leeiflntive authority, yet the ''""'' >" ''>>' 
 power conveyed to the governour and council of this province by fmaii to wan-ant 
 the inftruclion above-mentioned is much too confined an authcrity I,'oi,7bwfof" 
 to warrant the general introduction of the Englirti laws j particulaly tiogiinJ. 
 of the criminal laws, which all afte6t either life, or limb, or 
 liberty j and the procefs of arrefls of the body in civil fuits for debt 
 and trefpafs ; and the power of committing perfons to prifon for 
 contempts of court committed in 'he prefence of your Majefty's 
 judges; and that of granting attachments of the body for dif- 
 obedience or refiftance to the orders of your Majefty's fuperiour 
 courts of judicature, when fuch adls of difobedience or refiflance 
 are committed out of court ; which all immediately affedl the per- 
 fonal liberty of your Majefty's fubje<5ls in this province. 
 
 Thefe are the reafons upon which, we conceive, the legality of 
 the introduftion of the laws of England into this province by the 
 provincial ordinances above-mentioned may be called in queftion. 
 
 But thefc reafons have no relation to the other high inftruments 
 of government by which thefe laws may be fuppofed to have been 
 introduced here, namely, the articles of capitulation in 1760, the 
 4.th article of the definitive treaty of peace, and your Majefty's 
 royal proclamation of the 7th of Odlober 1763. If thefe inftru- 
 ments have introduced the laws of England, they may have a legal 
 exiftence in this province, notwithftanding the wan of legal, 
 authority in the two provincial ordinances above-mentioned. But 
 if your Majefty fliould determine that thefe inftruments have not 
 introduced the laws of England into this province, then, as wc 
 conceive, it will follow, that the whole body of thofe laws has not 
 yet been legally introduced into it, but that thofe parts only of the 
 laws of England have a legal exiftence in this province which are 
 contained in the ads of parliament above-mentioned, which by their 
 own import and operation, and without needing any new inftrument 
 of government to introduce them, extend to all your Majefty's 
 dominions in America. 
 
 lil 
 
 It 
 
 D 2 
 
 Wc 
 
Ji])"^ 
 
 
 
 r ' 
 
 
 }■■ 
 
 [ 28 ] 
 
 inconveniencifs We will HOW procccd to lay before your Majefty the principal 
 Frcf"nti'h"orinconveniencies under which the Canadians labour from the 
 S'raUonof'pt'efent ftate of the laws and methods of adminiftering juftice in 
 juiiicc. this province. 
 
 Tlie 
 of tl: 
 
 I'eTw'i"'"'^ The firjft and greateft inconvenience arifing from the prefent ftate 
 of the laws in this province is the uncertainty of them, and the 
 doubts that are entertained concerning the legal continuance of the 
 ancient laws and cuftoms that were obferved here in the time of 
 the French government. This is a caufe of great uneafinefs and 
 anxiety to perfons of both nations in many of the ordinary 
 tranfadtions of life ; infomuch that it would be a great improvement 
 of the condition of the province if either the Engli(h laws, or the 
 old laws and cuftoms of the country, were eftabliftied by fome 
 new a£l: of government, conceived in the moft clear and potitive 
 words that can be made ufe of, with an exprefs exclaf^.on or abolition 
 of the other laws, which may be imagined to have hitherto been in 
 force. For by this declaration in favour of either of the fyftems, 
 your Majefty's fubjedts would know what they had to expecSt for 
 . themlelves and their families with refpe£t to their inheritances, 
 purchafes, mortgages, contracts, and other civil rights and privileges 
 from the operation of the laws ; and would in confequence thereof 
 proceed to make fuch regulations of their aifairs by particular agree- 
 ments and fettlements, and by their laft wills and teftaments, as 
 would protedt them againft the inconveniencies which they might 
 apprehend themfelves to be expofed to from fuch parts of the 
 eftabliihed fyftem of laws as they did not approve. We do not 
 mean by this to infinuate, that fuch an immediate eftabliftiment of 
 one of thefe fyftems of law, to the intire and exprefs abolition and 
 exclufion of the other, would be the beft remedy that could be 
 applied to this evil ; but only to reprefcnt to your M ajefty our idea 
 of the greatnefs of this inconvenience, fince even fuch a cure would 
 be defireable. What is the beft remedy that can be applied to this 
 evil is, as we conceive, a point of the greateft difficulty, and fit 
 only to be determined by the wifdom of your Majefty's councils ; 
 though in obedience to your Majefty's commands, we fliall humbly 
 fuggeft to your Majefty, in the fubfequent part of this report, fome 
 of the different methods that, as we apprehend, may be taken for 
 this purpofe, with the advantages and difadvantages with which 
 they will be refpedtively attended. But before we proceed to 
 
 conlider 
 
 'i. 
 
 ill "^ 
 
 ■i: - 
 
E ^9 3 
 
 condder this arduous fubj€<5t, we beg leave to lay before your 
 Majefty fotne other and much foialler inconveniencies arifing from 
 the prefent ftate of the courts in this province, together with a 
 plan for the adminiftration of juflice for the time to come, which 
 we humbly conceive to be likely in a great meafure to remove 
 them. 
 
 Thefe inconveniencies arc the expenfivenefs of law proceedings, othei 
 which is confiderably greater than in the time of the French 
 government, the tedioufnefs of them, and the feverity of the prefent d^"^,"^"; °*,^ij" 
 method of proceeding in civil fuits by arrefting and imprifoning thepiovince. 
 defendant's body. 
 
 r incon- 
 voniciicics at- 
 tending the pr»- 
 
 The expences attending law-fuits arife evidently from two different 'fhc expenceioi 
 iburces, the fees of the officers of the courts of juftice, and thofe ^"'""""^ ^°^' 
 of the attornies and advocates whom the parties employ in the 
 management of their cau£bs. The former are capable of being 
 properly regulated, as the perfons to whom they are due are all 
 fervants to your Majefty, and under the immediate controul of 
 your Majefty 's governour and council ; and meafures have been 
 already taken to eafc your Majefty's fubjedls in this province of fame 
 part of thefe fees : your Majefty's chief juftice and clerk of the 
 crown have remitted thofe that ufed to be taken by them in the^ 
 fupreme court ; and thofe of the attorney-general for the condudl of 
 criminal profecutions have always been charged to your Majefty :. 
 and if thofe which are taken by the clerk of the fupreme court for 
 the civil buiinefs that is tranfaded there, and by the provoft-marftial,, 
 or flieriff, and his bailiffs, for their fummonfes, arrefts,. and other 
 minifterial bufinefs done by them in the courfe of the proceedings^. 
 and thofe which are taken in the court of Common Pleas, or the 
 quarterly and weekly courts of the juftices of peace, by the fev cral, 
 officers of thofe courts, are found to be unreafonable, it will be 
 eafy to reduce them to a more moderate ftandard by a provincial 
 ordinance fbr that purpofe, if your Majefty will condefcend to make 
 fuch a realbnible addition to the falaries of thefe feveral officers as 
 {hell be a compenfation for fuch diminution of their fees. The 
 other caufe of the expenfivenefs of law-fuits is the rate of the fees 
 of the attornies and advocates. Thefe fees, it is evident, are not 
 capable of a like redudtion with the former, but muft always be 
 fuch as the parties and their lawyers ftiall agree upon.; fince it is 
 
 the. 
 
 of 
 
 I ;,;?;■ 
 
 f!! :■■ 
 

 0: 
 
 i\ 
 
 
 11 „ I 
 
 ^1 ; ' 
 
 k: -' 
 
 III 
 
 
 
 .1 I 
 
 f 
 
 IN; 
 
 I, 
 
 [ 
 
 30 ] 
 
 tnc natural n'glit of every man to fet what price he plcafes upon 
 his labour. All that can be done to keep thofc fees from growing 
 exorbitant is to prevent a monopoly of law bufinefs in the hands 
 of a few lawyers, who might thereby be enabled to exail un- 
 reafonable rewards from their clients by the necefiity the people 
 would be under of either employing them upon the terms they 
 thought proper to demand, or letting their bufinefs remain undone : 
 and this has been already done by your MajeHy's wifdom and 
 indulgence in permitting Canadian notaries, attornies, and advocates 
 to praftife their refpcdive profeffions notwithftanding their con- 
 tinuance in the profeiiion of the Romifli religion. 
 
 Yet when every thing is done that can be done to diminifli the 
 expence of law proceedings, it is probable they will flill be more 
 expenfive than in the time of the French government; which 
 ought not to be a matter of furprize, lince the prices of corn and 
 provifions, and of all forts of labour, are almoft double of what they 
 were at that time. 
 
 Thfflowncfs The next inconvenience arifing from the prefent eftablirtiment 
 are eoVd'iiacr^ of the courts of judicature complained of by the Canadians is the 
 fenreftabifm-' t^dious Icugth of law-fuits. This is owing to the unfrequency of 
 the terms or feffions of the fupreme court of judicature, and of 
 the court of Common Pleas, which fit only three times a year at 
 Quebec and twice at Montreal. In the time of the French 
 government there were three royal courts in the three feveral 
 diftrids of Quebec, Three Rivers, and Montreal, vefted with full 
 power to determine all matters both criminal and civil : in each 
 of thefe courts a judge appointed by the French king adminiftered 
 juftice, and a king's attorney profecuted on behalf of the crown: 
 and they ufed for that purpofe to hold two courts in every week 
 throughout the year, except about fix weeks in the months of 
 September and Odober, and a fortnight at Eafter : and befides thefe 
 courts held regularly every week, they would fit on other days of 
 the week, if the bufinefs before them made it neceflary. From 
 thefe courts there lay an appeal to the higheft court of the province, 
 which was called the fuperiour council ; and this high court alfo 
 fat every week : fo that the difference between the expeditious 
 methods of obtaining jufl:ice in the time of the French government, 
 and the flownefs of the proceedings upon the prefent eftabliihment, 
 
 is 
 
 mtnt, 
 
[ 3« J 
 
 is very {}riklng in the eyes of the Canadians, and is efteemed a vsry 
 confiderable inconvenience. 
 
 Befides the ufual ill confequcnces arifing from the want of diT- 
 patch in law-proceed'' gs, this unfrequency of the fcfilons of th<^ 
 iupcriour courts of judicature has been a principal caufe of the in- 
 creafe of the fees of the Canadian attornies and advocates : for^ as 
 their opportunities of pleading caufes happen fo much feklomcr than 
 formerly, they endeavour to niake up, by the value of the fees 
 they now receive in the three feflions of the court of Common Pleas, 
 the advantages they formerly derived from the number of them in 
 the time that the French king's courts fat every week. ,„ . . 
 
 There is indeed in the prefent eftablifhmcnt a court of juftic^ 
 in each diftridt of the province that fits every week for the difpatch 
 of bufinefs. Thefe are the courts of the juftices of peace. This 
 was a very judicious inilitution, and well fuited to the circum- 
 ilances and difpofition rf the people'. Yet it is liable to fome 
 objections. For, in the firft place, the juftices of the peace, who 
 are the judges of thefe courts, are not much fkilled in judicial pro- 
 ceedings ; and, fecondly, the fame juftices not attending conftantly 
 at thefe feflions, it is often neceffary, where a matter cannot be 
 decided at one feflion, but is adjourned to the next, to repeat all the 
 proofs and arguments before the juftices at the fecond feflion, which 
 had been produced at the former feffion before the other juftices 
 who happened not to be now upon the bench, which occafions an 
 increafe of expence and trouble : and, laftly, their jurifdidion 
 extends only to fuch difputes as relate to funis of money that do 
 not exceed ten pounds. In all contcfts for greater fums the parties 
 are obliged to have recourfe either to the quarterly courts of the 
 juftices of the peace, or to the courts of King's Bench and Common 
 JPleas, where the feffions are held but three times a year. 
 
 The next inconvenience is the fcverity of the prefent method'of imrriror.meni 
 proceeding in civil adlions, by arrefting and imprifoning the de- '"" ^' '" 
 fendant's body. This, by filling the gaols with unhappy debtors, 
 increafes the number of the poor andhelplefs, and makes the fami- 
 lies of the debtors, as well as the debtors themfclves, become often- 
 times a burden to the publickj and it is generally thought by thft 
 Canadians to be an unneccllary degree of harninefs, 
 
 r— 1,^ 
 
 1.0 . 
 
 . 1 
 
 «'^u 
 
 li ^1 
 

 t 
 
 ii^^ 
 
 iflli' ll'j 
 1 , 
 
 [I 
 
 m 
 
 i ^ 
 
 ^■f 
 
 ■11 
 
 :v;: 
 
 if iir 
 
 I 32 ] 
 
 To remedy thcfe feveral inconvenienclcs we beg leave to recom- 
 mend to your Majefty the following plai. for the adminiftration of 
 juftice in this province for the time to come; which we have 
 formed in itnitation of that which was in ufe in the time of the 
 French government. 
 
 * min"(f?Lion I'^^t thls provincc (hould be again divided into the three diftridls of 
 ofjumcc in this Quebec, Three Rivers, and Montreal, as in the time of the French 
 province. government : which might be called the Shires of Quebec, Three 
 Rivers, and Montreal ; and each of thefe three dillrids (hould have 
 feparate officers of juftice : that a Royal court of judicature (hould 
 be eftabliflied in each of the three towns of Quebec, Three Rivers, 
 and Montreal, which are the capital, or rather only, towns of thofe 
 feveral (hires or diftridts : and that each of thefe courts (hall confift 
 of one able Engli(h judge, appointed by your Majefty, and inverted 
 with full powers to hear and determine all matters, both criminal 
 and civil, arifing within his jurifdidtion, juft as your Majefty's chief 
 juftice of the province is impowered to do upon the prefcnt cfta- 
 bli(hment throughout the whole province. 
 
 Three royal 
 judge«. one to 
 car'.i (hire or 
 f.iftriO of the 
 province. 
 
 Thitt judges to 
 he Englifh bar- 
 rifters at law, 
 of five years 
 Qaading at t]ie 
 ■bar. 
 
 Each Engliffli 
 judge (hould 
 have a Canadian 
 lawyer for his 
 aflelTor, or af- 
 £ftant; 
 
 but the fole 
 jiowf r of de- 
 ciding the 
 caufes fliould 
 he veAed in the 
 EflgUOi judges. 
 
 Thefe Engli(h judges (hould be barrifters at law, of at leaft five 
 years (landing at the bar ; and they (hould be fuch as, beddes their 
 (kill and knowledge of the law, had a competent knowledge of the 
 French language. And further, to enable thefe Engli/h judges 
 more readily to underftand the teftimonies of the French witnedes, 
 that would fo often be examined before them, and likewife to 
 comprehend the nature and extent of fuch of the antient laws and 
 cuftoms of the country as your Majefty (hall think fit to be either 
 continued or revived, we conceive, that it would be convenient to 
 give each of them a Canadian lawyer for an zffeffor, or aftlftant to 
 them in the deci(ion of caufes : but the Canadian a(re(rors (hould 
 have no vote or authority to decide the caufes in conjunction witl» 
 the Englith judges ; but (hould only a(rift them with their opinion 
 and advice, the whole power of finally deciding them being vefted 
 folely in the Engli(h judges. This employment of the Canadian 
 lawyers, even in this fubordinate capacity of aftiftants and advifers, 
 would be thought a very gracious indulgence in your Majefty by all 
 your Majefty's new fubjeds ; and many of them, to whom it has 
 been mentioned, have expre(red an entire approbation of it. If they 
 had an equal degree of authority with the Engli(h judges in the final 
 
 decifion 
 
[ 33 ] 
 
 all 
 
 las 
 
 ion 
 
 decifion of caufes, they would be much more likely than the Englifli 
 judges to abufe it, by reafon of their connexions in the country, 
 and the enmities and partialities that thefe connetflions would give 
 birth to. And befides, there are other reafons, which would make 
 it inexpedient to trull your new Roman catholick fubjeds, fo lately 
 brought under your Majefly's allegiance, with fo great a degree of 
 power. Thcfciudecs and their affiftants fliould hold their courts T'"=.H8" 
 
 r 1 1 1® 1 . 1 ^t -n lliomd hold 
 
 every week throughout the year, exceptmg one month at Chritt- courts once a 
 mas, one week at Ealler, and another at Whitfunday, which are the TcTy fcw'ei-* 
 three great feafons for holidays obferved by Chriftians# And they «?''""'• 
 ihould fit on the Tuefday or Wednefday of every week, that the 
 contending parties and their witnefTes might not be under a necefTity 
 of travelling on Sundays to attend them. If the ufe of grand juries 
 ihould be thought fit by your Majefly to be continued in criminal 
 profecuttons, thefe judges (hould take cognizance of criminal mat- 
 ters (that is, of fuch parts of the criminal proceedings as required 
 the attendance of grand juries) only once a month, that the inha- 
 bitants might not be too much diverted from the care of their 
 private affairs by their attendance in the courts as grand jurymen. 
 But the other fleps of all criminal proceedings that do not require 
 the prefence of grand jurymen, and, if the ufe of grand juries was 
 laid afide, the whole of thofe proceedings fhould be carried on 
 in ^4e weekly feilions, as well as all the civil buiinefs of the 
 diftri<a. 
 
 The method of proceeding in thefe courts in civil adions "I'ght Method <)f pro- 
 be as follows. The plaintiff might bring a declaration or plaint, courtlf" 
 in writing, into court, which might be either in the French or 
 Englilh language, as he thought proper, praying the procefs of 
 the court to caufe the defendant to be fummoned to anfwer it; 
 but not to be arrefted by his body. This plaint ftiould be read to 
 the judge in open court, in order that he mould determine whether 
 oi!*no it contained a good caufe of adion ; and, till he approved it, 
 no fummohs (hould be iffued upon it. If he approved it, he (hould 
 order it to be filed amongft the records of the court by the clerk or 
 regifter of the court, and fhould award a fummons to be fent to the 
 defendant to come and anfwer the plaintiff's demand, at fuch a time 
 as he, the judge, fhould therein appoint. If he negledted to come 
 at the time appointed by the fummons, without any good reafon for 
 his negled, he (hould be condemned to pay the plaintiff u moderate 
 
 * . E fum 
 
 !« 
 
 "•in? « 
 
 i;:f|li 
 
 T! 
 
[ 3+ ] 
 
 .n 
 
 fum of money, to be afccrtained by the judge, as a compenfatioft 
 to liim for his expence and trouble in attending the coifrt, at the 
 time appointed by the fummons, to no purpofc -, and he fhouid be 
 funimoned to come and anfwer the plaintiit's demand on another 
 day. If he then alfo refufed to come, judgment Ihould go againft 
 him by default. When the defendant appeared, he (hould make 
 his anfwer to the plaint of the plaintiff in writing, and either in the 
 French or Englirti language, as he thought proper : and this an- 
 Iwer fhould be filed amongft the records of the court. The judge 
 fliould then himfelf interrogate the parties concerning the fads, in 
 their account of which the parties feemed to differ, and which 
 appeared to him to be material to the decifion of the caufe : and 
 thefe interrogatories and the anfwers of the parties fliould be reduced 
 to writing by the judge, or by the clerk of the court from the words 
 didlated to him by the judge. When the judge had thus found 
 out in what fadts material to the decifion of the caufe the parties 
 differed, he fliould himfelf flate thefe fadls in writing, and declare 
 that it was necefTary for him to be informed, by proper teflimony» 
 whether they were true or falfe ; and fhould aik the parties whether 
 both, or cither of them, defired that he fhould inquire into the 
 truth of thefe fadts by means of a jury, or by examining witnefTes,. 
 or other proofs himfelf. If both, or either of the parties, defired 
 to have a ji^ry, a jury fhould be fummoned to attend, at fuch fol- 
 l]Tp«'ics''de- lowing fefiion as the judge fhould appoint. This jury fhould be 
 The ''fhould P^^*^ ^°^ *^^''' attendance by the party that defired to have a jury ;, 
 be p7id for their and If both defired it, then equally by both parties. They fhould 
 receive five fhillings flerling a man. For at prefent it is a fubjedfc 
 of complaint among the Canadians that they are taken from their 
 necefTary occupations to attend upon j jr:es (which is by no means an 
 agreeable employment to them) without any confideration for it z. 
 and this, if it happened every week without any compenfation,. 
 would be thought, and perhaps juflly, a very heavy burden. But 
 for a reward of five fhillings they will ferve with great alacrity.. 
 Thefe juries fhould be appointed in nearly the fame manner as 
 fpecial juries are in England j that is, the minifterial officer, that 
 executed the procefs of the court, fhould return to the court a lift 
 of four times as many perfons qualified to be jurymen as were, 
 neceflliry to conftitute a jury; that is, if a jury was to confift of 
 twelve men, a lift of forty-eight perfons fo qualified ; and then each 
 party fhould flrike out twelve of the names contained in this lift :. 
 
 and 
 
 Juries to the 
 fummoned, if 
 
 attcadiuiie. 
 
 Manner of 
 chufwig them 
 
 
sins an 
 it: 
 ition,. 
 But 
 Icrity.. 
 ler a& 
 ,, that 
 la lift 
 were, 
 iftof 
 each 
 lift, 
 and 
 
 I 35 ] 
 
 and then the names of the remaining jurymen contained in it 
 fliould be fet down in a new lift in an alternate order ; that is, firft: 
 one at the nomination of the plaintiff; then one at the nomination 
 of the defendant; then another at the nomination of the 
 plaintiff; and then another at that of the defendant ; and fo on : 
 and thefe perfons (whofc names were thus fet down in this 
 new lift, and who would be enough in number to conftitute 
 two juries) fliould all be fummoned to attend the court on the 
 day appointed for the trial of the caufe, and (hould be called over 
 in the court in the order in which their names were fet down in the 
 new lift ; and the firft twelve, or other number fufticient to make 
 a jury, that appeared in the court ftiould be the jury to try the 
 caufe. By this method of chufing a jury the difagreeable and cap- 
 tious pradice of challenging jurymen would be avoided, which is 
 apt to give rife to animofities between the perfons challenged and 
 the 
 
 parties who objedl to them. 
 
 ,ii 
 
 Of the jury fo chofen a majority (hould have a right to determine a miinrty n( 
 the verdidt : the prefent rule, of requiring an absolute unanimity Jl^rryTiIe vc"-' 
 amongft all the jurymen, being evidently abfurd and unnatural, <i'^- 
 and, amongft other inconveniencies, produdlive of one of a very 
 important nature, which is the perjury of fome of the jurymen in 
 every third or fourth caufe : for it happens at leaft fo often that 
 there is \ real difference of opinion amongft the jurymen, and that 
 fome of them go over to the opinion of the reft, in oppofition to 
 their own fentim'ents, and contrary to the oath they have taken to 
 give a true verdidt according to the evidence j which means, as wc 
 prefume, according to their judgment of it. And it has fome- 
 times happened, that a great majority of the Jurymen has gone over 
 to a fmali but i ciolute minority. This therefore calls loudly for a 
 reformation ; and more efpecially in a country where the natural 
 and ordinary differences of opinion, that muft frequently happen 
 amongft jurymen, are likely to be greatly heightened by national 
 and religious prejudices. If the agreement of twelve men fhould 
 be thought neceffary to cftablifli the truth of a faft, it would be 
 neceffary to impannel twenty-three jurors. But perhaps a bare ma- 
 jority of twelve men may be fufficicnt to anfwer all the purpofes of 
 juftice in civil matters. 
 
 u 
 
 £ z 
 
 In 
 
 1 
 
 11 M 
 
 i 
 
 ■'■''.'•■frm 
 I < 
 
 I 
 
 ^'1 
 
 
 
 
 i i 
 
 ■:'iri 
 

 Ihiif! 
 
 . ■•' 
 
 ■rr 
 
 !f» „*; 
 
 t '^' 
 
 il 
 
 l;if il" 
 
 ^;»i !i ' 
 
 iT Ir 
 
 ,;'i»i 
 
 The juries 
 OlouM always 
 give fpecial 
 
 C 36 ] 
 
 In criminal matters it might be proper to make the agreem'ent of 
 two-thirds of the jury neccflary to the convidion of the accufed 
 
 perfon. 
 
 • ' ' ^ ■'■■^ ' .■ -;;.•- - . . ,;,,.: 
 
 And as the iuiies, or points of fad, that were to he propofed to 
 the confideration of the jury, were to be drawn up in a minute And 
 particular manner in words didatcd by thie judges of the coUrts, fo 
 the verdiAs of the juries ftiould be always fjieciial verdids, ftating 
 the fa«fls, as the jury find theta to have happened, with great exadl- 
 nefs and particularity. This would prerent juries from encroach- 
 ing upon the province of the judges, and determining points of lawr 
 by means of the (hort and general ilTues of " Gui/ty or Not Guiky,* 
 ** He did or did not undertake" " He does or does not owe the fum 
 ** demanded^' and the like, that oftentimes involve points of law 
 mixed with matters of fafSl, and thereby give juries an opportunity 
 of committing thefe irregularities. Whenever thefe things happen 
 (whether it be from the ignorance or want of difcernment in the jury- 
 men, or from their wilfulnefs Or partiality) it is certain that a real 
 injury is done to the lofing party, whofe right it is, according to 
 the laws of England, to have the points of law, upon which his 
 caufe depends, determined by the learned and able judges whom 
 your Majefty has appointed to fill your courts of juftic«, as much 
 as it is to have the matters of fa<ft in the cauie determined by a jury, 
 of honeil freehold^irs in the neighbourhood. 
 
 Examination of 
 witnellcs. 
 
 Exeaitiou a 
 gainft 
 tendaat 
 and lands. 
 
 The witneiTes examined in the trial of a caufe (hould be examined 
 viva 'voce in open court, in the prefence of both parties, or their 
 attornies and advocates ; and crofs-examihed, if the adverfe party 
 thought proper : and fhould not be allowed to deliver their tefli- 
 mony by written depofitions or affidavits taken in private ; not even 
 in thofe trials which were carried on without a jury; unlefs by the 
 confent of both the parties, or by the particular diredion of the 
 judge, upon very flrong reafons for fo doing, moved and debated in 
 open court. , . - r ,- ; 
 
 When judgment was given for the plaintiff in a civil adlion, a 
 
 l^lg^i writ of execution fhould go againft the goods and lands of the de- 
 "'''■ fendant, but not againft his perfon j direding the' minifterial officer 
 that executed the procefs of the court, to levy the fum of money 
 awarded to the plaintiffby the judgment, upon the defendant's move- 
 able 
 
 V 
 
 
 ■t , li 
 
C 37 ] 
 
 iiblie goods and chattels ; and, in cafe they are not fufficicnt for the 
 purpofe, then, but not otherwife, to fell part of his lands, to pro- 
 duce the remainder of the fum. And if the executive officer could 
 notfind a fufficient quiantity of eithcrniovcableor immoveable property 
 belonging to the defendant to rdfe the fum awarded, and the judge 
 wais of opinion, upon affidavits made before hirh to that purpofe, p^ounls'^hV 
 that there was reafonable grounds to fufpcdt that the deferidant had defendant migin 
 fecreted or concealed fome of hisefFcfts, he might require him tOdehvTInto'the 
 deliver in to the court, upon^oath, an exid: fchedule of all his eftatcs Xaiirorhu 
 and efFedls of every kind ; and if he refufed fo to do, might com- ff/"^*^^^',^^ 
 mit him to prifon till he complied. And if he omitted any part of * ' "''°° 
 his effeds to the amount of twenty pounds fterlihg, in the fchedule 
 fo deliveried in to the court, he ihould be liablie to the penalties 
 of perjury. 
 
 The judge (hoiild have a pow'er of awarding reafortable Cofts toCo"'- 
 cither pjirty, according to his tlifcretion. 
 
 to the 
 
 It would be convenient to have a feparate miriifterial, or exijcu- f|^''/J^1,,„ji 
 tive, officer, to each of the three diftri(5ts of Quebec, Three Rivers, ihires/or 
 and Montreal, to be called a Sheriff; which is the common name'^'""^ 
 for fuch an officer in Eiigland, inftead bf one Provdft-marfhdl for 
 the whole province. 
 
 And it would be necelTdry For Voiir Majefty to have an attorney ?^'"8'^ afto™** 
 
 • t /• 1 /• /• r ■ iv/r t /I • ». . . J, in each of the 
 
 in each of theic courts, to prolecute for your Majelty in all criminal three couw. 
 cafes, and in fuits concerning your Majefty's revenue, ihd in all 
 other fuits in whith your Majefly's intereft is concerned. If your 
 Majefty (hould not think proper to appoint an officer exprefly for 
 this pUrpofe, the power of carrying on thefe profecuitions for your 
 Majefty might be vcfted in the clerk, or reglfter, of thfe court j 
 juft as in your Majefty's court of King's Bench in Ehgland, the 
 clerk of the crown (whofe principal duty is, to regifter, or enter, 
 the pleas of the crown in the records of the court) is likevvife 
 attorney of your Majefty in that court, and profecutes in your Mn- 
 jefty's behalf. Butwcfubmit it to your Majefty, that it would be 
 convenient, and more fuitable to the honour of your Majefty and the 
 dignity of the court, t© have a feparate officei for this purpofe, to 
 be called your Majefty's Attorney for that diftri<S, as. there v/as in 
 the time of the French government. 
 
 From 
 
 I 1 . *.rf 
 
; 1 
 
 . '!fl 
 
 Bt' 
 
 '« 
 
 If: 
 
 m 
 
 t 38 3 
 
 Appeals from From thcfc courts there Ihould lie an appeal to the governour and 
 Ihfsovcrnour" council of thc provincc, and from thence to your Majefly in your 
 andtouncii, and priyy council. One great ufe of the appeal to the governour and 
 
 council. 
 
 from thence to- '., 111 ~ r •/-""• • ii~ 1 1 
 
 the King in council would be to prelerve an uniiornnity in the law throughout 
 the whole province, which otherwife might gradually become 
 different in the three different fl-ires or diflrids of it, by the 
 difference of the decifions that niight be given in thefe feveral courts 
 of juftice, if they were intirely independant of each other, and 
 fubjed to no common fuperiour council that might corred the 
 errors of their proceedings. 
 
 r..' 1 • 
 
 >.f»r;». 
 
 The nature of 
 thcfe appeals. 
 
 And for the fame reafon the decifions of thefe courts fhould not 
 be deemed to form precedents of fufficient authority to determii^e 
 any fubfequent difputes j but this authority fhould be afcribed only, 
 to thofe cafes which had been decided by the governour and council 
 of the province upon the appeals brought before them from thefe 
 (hire-courts, or by your Majefly 's felf in your privy council. 
 
 And in order that your Majefly's governour and council might 
 not be deflitute of the advice of perfons Ikilled in the laws to aflifl 
 them in the determination of the appeals that fhould be brought 
 before them, it might be exj)edient that your Majefly's judges of 
 thefe three courts, and perhaps alfo your Majefly's three attornies 
 in them, fhould be made members of your Majefly's council of the 
 province; by which means all the befl law abilities in the province 
 would be employed in making thefe important decifions that were 
 to carry with them the force of law : and with this view it might 
 be proper to require your Majefly's judges and attornies of the 
 courts at Three Rivers and Montreal to attend the governour at 
 Quebec for one 'nonth about Chriflmas time, in order to afTifl at 
 the decifion of thefe appeals, which fhould therefore be referved to 
 this feafon of the year. ,- . ,, , 
 
 Thefe appeals fhould be only, as they now are, of the nature of 
 writs of error in England, to corre<fl thc errors in law committed 
 in the courts of thefe fhires or diflrids, and not to re-confider the 
 fads in the caufe, unlefs they had been fettled by the judge alone 
 without the affiflance of a jury. Where this was the cafe, the 
 parties might, if they thought fit, caufe the evidence itfelf to be 
 taken down in writing by the clerk of the court, and figned by the 
 
 witnefTes 
 
C 39 ] 
 
 witnic{res and judge, that it might make a part of the record, as It 
 does upon a trial by a general court martial in England : and, upon 
 the removal of this record before the governour and council, they 
 might re-confider the whole matter, the fadts as well as the law, 
 and give fuch judgment upon it as they thought juft ; but they 
 (hould not admit any new evidence relating to it. Where the caule 
 had been tried by a jury, the lofing party might, if he thought 
 proper, have it tried over again by a fecond jury, confifting of ^ fj°^^j5 
 twice as many jurymen as the firft jury; and the verdid: of this 
 fecond jury (hould be final with refpe<ft to the matters of fa<^ 
 determined by it. 
 
 When Gafpey (hall be fettled, a fourth judge might be fcnt 
 thither, whofe jurifdidion fliould extend over a diftridt lying 
 round about it, to be taken out of the diftri<ft of Quebec, which 
 is now immoderately large. Such an eftablifliment would be 
 of great convenience to the inhabitants of that part of the 
 province. 
 
 Thefe are the outlines of the plan which we humbly beg leave 
 • r« commend to your Majefty for the adminiflration of juftice, and 
 Vw» h, we are confident, would be of great advant^e, and give 
 »ery great fatisfafbion to your Majefty's Canadian fubjeds, and 
 «ffe(ftually remove maay of the inconveniencies of which they 
 BOW complain. 
 
 It remains that we confider the firft: and greatefl: inconvenience 
 above-mentioned, which arifes from the uncertainty of the law in 
 the prefent condition of the province, and that we fet before your 
 Majefty the different methods by which, as we conceive, this in- 
 convenience may be removed, and the laws of the province may be. 
 fettled for the future upon a folid and permanent foundation.. 
 
 trial 
 jury. 
 
 Four methods of doing this have occurred to us. The firft is, to Fourdi/rerent 
 
 - - - o- - - . _ .. .... methods that 
 
 : taken 
 ; the laws' 
 
 entire exclufion or abolition of every part both of the laws of 
 England and the French laws thatlhall not be fet down in the code 
 itfelf. 
 
 compofe a code of laws for this province, that fliall contain all therml'^be't 
 laws by which it is to be governed for chq time to come, to the|^°^';|«| 
 
 The. 
 
 r''i;$y.fi 
 
 'i! 
 
 'hW.m 
 
[ 40 ] 
 
 Jl i 
 
 The fecond is, to revive or re-edablifh the whole French 
 iavir at once, to the exclufion of all the Engliih laws, excepting 
 thofe few which have been introduced by ad of parliament, as 
 abo»e-mentioned, and a few more of the laws of England wljich 
 are moft eminently beneficial, and favourable to the liberty of the 
 fubjedt, and to introduce thefe beneficial laws by a particular 
 ordinance or proclamation, publifhed in the province, in order to 
 make them fully known to the Canadians. Such might be an 
 ordinance to take away the ufe of the queftion, or torture, in 
 criminal profecutions, to change the cruel punishment of breaking 
 on the wheel into hanging or beheading ; and to introduce th0 
 fubftance of the Englifli law relating to the writ of habeas corptu, 
 by declaring that no perfon in the province fhould be committed to 
 prifon, or detained in prifon, by the order of any magiftrate without . 
 a warrant in writing under the hand of the magiilrate, exprefiing 
 particularly the caufe of his commitment or detention ; and that 
 every man fo detained in prifon (hould, if he defired it, be brought 
 before one of your Majefty's judges in the province, and either fet 
 at liberty, bailed, or remanded to prifon, as the caufe of his im- 
 prifonment, expreifed in the warrant by which he is detained in 
 prifon, (hould require. Such an ordinance naight be thought to 
 fulfill, in a great meafure, the promife given to your Majefl]r*s 
 Britifh fubje<fls by thofe words in your Majefty's proclamation abovio- 
 mentioned, of the enjoyment of the benefit of the laws of England» 
 fuppofing that your Majefty fhould think proper to determine that 
 thofe words contain only a promife. 
 
 The third- method of fettling the laws of this country, fb as^ to 
 continue to the Canadians th& ufe of feveral of their ancient 
 cuftoms, is to make the law of England the general law of the 
 province, with an exception of thofe particular Aibje^s concerning 
 which your Majefty fhall pleafe to permit- the former cuftoms of 
 the country to fubfift, and with refpe<a: to thofe fubje<9:s to let the 
 ancient laws cf the country fubfift in the manner they did at the 
 time of the conqueft, and without attempting to reduce them to 
 writing, and enadt them anew by particular ordinances, exprefsly 
 fetting them forth in all the extent in which your Majefty thought 
 proper to let them continue. 
 
 And 
 
 in 
 
 « 
 < 
 
 « 
 
 ( 
 ( 
 ( 
 t 
 t 
 
 € 
 
 * 
 € 
 
 t 
 * 
 f 
 
C 41 1 
 
 9» 
 
 that 
 
 And 
 
 \ 
 
 And the fourth method of doing this would be to make (as in 
 the third method) the law of England become the general law 
 of the province, with an exception of thofe particular fubjedls, 
 or heads of law, concerning which your Majefty fliall pleafe to 
 permit the former cuftoms of the country to continue j and with 
 refpedt to thofe fubjeds, to enumerate and fet forth at length, 
 in an ordinance or proclamation to be made for that purpofe, the 
 particular cuftoms which your Majefty (hould think fit to be con- 
 tinued, to the exclufion and abolition of all other cuftoms that 
 ftiould not be contained in the faid ordinance or proclamation. 
 
 VI 
 
 The firft of thefe methods of fettling the laws of this province. Advantages ani 
 namely, that of making a code of all the laws by which it ftiall be whh whlcfthe 
 governed for the future, to the exclufion of all the laws both of SiilTg'thelrw. 
 England and France that are not contained in it, would certainly wui be attended, 
 be the moft troublefome in the execution to your Majefty's minifters 
 and fervants, both in England and in this province. And further, 
 we conceive that it would be objedted to by fome of the Canadians, 
 who are the moft difficult to pleafe, as a rafh and dangerous 
 experiment, to which the perfons your Majefty ftiould think propw 
 to employ in the compiling this code would be by no means 
 equal. They would frame their objedion to fuch a proje(fl in 
 fome fuch maimer as this : * That to reduce the whole law 
 
 * anew into writing, with a rejedion of a great part of it as ufelefs 
 
 * in the opinion of the compilers, is a talk of fuch extraordinary 
 
 * difficulty, that not only no perfon in this province is fit to under- 
 
 * take it, but even the ableft lawyers in the parliament of Paris, if 
 
 * they were to devote their whole time and attention to it, would, 
 
 * hardly be able to execute it properly j that if any thing of this 
 « kind is attempted here, many important things will moft certainly 
 
 * be omitted, and others be too concifely, imperfedly, or obfcurely 
 
 * exprefled ; that in fuch a code no part of the ancient laws of this 
 
 * province ought to be omitted, notwithftanding fome of them may 
 
 * never have been put in execution here ; for that thofe laws are 
 
 * not lefs a part of the law of this country than thofe which have 
 
 * been often put in pradice j and that the only reafon why 
 
 * they have not yet been executed is, becaufe the objefts of them, 
 
 * that is, the cafes to which they relate, have not yet arifen; 
 
 * and that when thefe cafes ftiall arife, here is a wife law already 
 
 * provided beforehand to decide them -, and that therefore no part 
 
 F * of 
 
 (■'.' 
 
 ' ,,-i''i| 
 
11 
 
 ^ J 
 
 'if 
 
 C 42 ] 
 
 of the cuftom of Paris, which was truly and properly the law of 
 this province, ought to be left out of any code that (hall be made 
 for the government of it: and further, that there is a ftrong 
 mutual connexion between the different parts of this fyftem of 
 law, that makes it very difficult to change or abrogate any part of 
 it, under a notion of its being ufelefs, without weakening or 
 rendering inefFedtual other parts of it which the compilers may 
 efteem ufeful j and that therefore the only fafe way is to let it 
 ftand as it is ; and that, in this view of permitting the whole of 
 it to continue, there is no need of a code to exprefs it over again 
 in new words ; that it is already exprelTed in writing in the bed 
 manner poffible in the text of the cuftom of Paris itfelf and in 
 the learned treatifes of Monfieur Ferriere and other writers upon 
 it, and in the decifions of the parliament of Paris and of the 
 fuperiour council of this province, upon the cafes that have been 
 contefted before them ; that indeed fuch a new code might be of 
 fome convenience to an Englifli judge to fave him the trouble of 
 ftudying or confulting the French law-books, but that it would be 
 a moft dangerous and pernicious attempt to the rights and liberties 
 of your Majefty's Canadian fubjedts.* 
 
 Thefe are the objeflions which will certainly be made by fome 
 of your Majefty's Canadian fubjedls to the meafure of compiling a 
 new code of laws for this province, which we have ftated to your 
 Majefty at great length, that they may have all the weight with 
 your Majefty which they may deferve. At the fame time we beg 
 leave to inform your Majefty, that we believe that thefe objedtions 
 will be made only by a few perfons in this province, and that the 
 bulk of your Majefty's new Canadian fubjedls will be very well 
 fatisfied with fuch a code, and this even though it Iliould in a 
 great meafure be taken from the laws of England, provided only 
 that a few of the l oft important of their ancient laws andcuftoms, 
 and that moft nearly afttcl their property and the future fituatioii of 
 their wives and children, be contained in it. 
 
 On the other hand, the advantages that would arife from this 
 meafure of compiling fuch a code of laws for this province would, 
 as we conceive, be thefe that follow. 
 
 la 
 
 % 
 
C 43 ] 
 
 In the firft place, the EngHfh judges, who will, as we prefume, 
 always be employed to adminifter juftice in this province, would 
 have a fliort and plain rule to go by, which they would eafily be 
 able to make themlelves mafters of, and would not be liable to be 
 puzzled and mifled by artful French lawyers, partially citing and 
 mifreprefenting and mifapplying the doftrines and cafes contained ia 
 the French law books. 
 
 And in the fecond place, the Englifli inhabitants in general 
 would have the fatisfadtion of knowing eafily and certainly what 
 the laws -^ the —ovince were, upon what conditions they pur- 
 chafed lar •.- 04 'ifes, what right u* alienating or devifing 
 them they thercb) acquired, what duties to your Majefty, their 
 lords or their tenants, they were bound to, and in what manner 
 their wives and children would enjoy their pofleflions after their 
 deceafe. 
 
 Ia 
 
 Thefe would be no Inconfiderable advantages refulting from the 
 compofition of fueh a code, even though done in a very imperfedl 
 manner. But there is another and greater advantage with which, 
 as we conceive, this meafure would be attended, which is the 
 removing from the minds of the Canadians all idea of the excellency 
 of the French laws and government, and of the fuperiour fkill and 
 ability of French lawyers and judges, bred in the parliament of 
 Paris, and confequently of the happinefs of having their law-fuits 
 decided by them. For we apprehend that, as long as the French 
 laws and cuftoms fubfift at large without being reduced into a code, 
 fo that the feveral French law-books, books of reports, and edidts 
 of the French king are the books of authority upon the fubjetfl, 
 to which recourfe muft be had continually in the decifion of points 
 of law, fo long will the people of this province retain a reverence for 
 thofe edicts, reports, and other law-books, and for the authority of 
 the French king who made the edidls, and for the parliament of Paris 
 that has made the decifions reported in the books of reports, and the 
 other learned French authors who have compofed the other treatifes 
 on this fubjeft ; and this reverence will be accompanied with a 
 continuance of their liking for that government from which thefe 
 good laws and edidls and law-books proceeded, and under which 
 they might be mofl: ably adminiHiered, and confequently with a 
 fecret wifh to return to that government, that is, to return to their 
 
 F 2 fubjedlion 
 
 l\¥ 
 
 '•M^ 
 
[ 44 J 
 
 Jl "f^ 
 
 m 
 
 fubjedion to the French king ; whereas, if they continue to enjoy 
 the moft important of their ancient laws and cuftoms under a new 
 name, and expreffed in a ftile and phrafc fomewhat different from 
 the former, and carrying with it the ftamp of your Majefty's 
 authority, the idea of their former fovereign, and of the parliament 
 of Paris, and of the wife lawyers that compofe it, would by 
 degrees wear out of their minds, and they would think of nothing 
 upon thefe occafions but the king of Great Britain and his code, 
 and the great favour he had fhewn them in permitting their 
 principal laws and cuftoms to continue, and giving them th6 
 cxprefs fanftion of his royal authority. This we take to be a 
 very capital advantage attending this meafure of compiling a code 
 of laws. 
 
 As to the Inconvenience that might arife from the omiflions or 
 imperfections of this code (for we readily admit that it v/ould be 
 very imperfed) it muft be obferved, that they might be con- 
 tinually leffened and remedied by frefh ordinances, from time to 
 time re-enadting thofe parts of the former laws and cuftoms of this 
 province which appeared to have been forgotten in the code, and 
 which the governour and council thought worthy to be re- 
 eftabliflied : and in the mean time the code itfelf (imperfedt as we 
 fuppofe it to be) would ftill be fufficiently exaft to determine all 
 the common cafes that occur in the ordinary courfe of hum in 
 affairs, fuch as the rules of inheritance in the direcft line, the rules 
 of dower, and of the hufband's rights arifing from the matrimonial 
 contradl, the ufual rules about quit-rents, alienation-fines, and other 
 profits due to your Majefty and to other lords, the ufual methods 
 of inveftiture of lands by performing fealty and homage, and the 
 like, which would be fufficient to prevent the country from falling 
 into general confuiion. 
 
 This code we fuppofe to contain the whole of the law by which 
 the province is to be governed, criminal as well as civil, to the 
 exclufion of the whole of the Englifh law, as well as the French, 
 except what was contained Jn the code itfelf, and the ads of par- 
 liament relating to the cuftoni~houfe duties, and thofe few other 
 flatutes that exprefsly relate to this colony by name or fufficient 
 words of defcription fince the conqucft of it, or which, though 
 made before the conqueft of it, yet extend to it by virtue of the 
 
 general 
 
 ■'/■■ 
 
IlCtlioJ. 
 
 [ 45 ] 
 
 general clefcription of all his Majejifs dominions now belonging to the 
 crown of Great Britain, or that Jhall hereafter belong unto the fame, 
 
 Thefe are the advantages and difadvantages with which, as we 
 conceive, this firft method of fettling the laws of this province, by 
 compofing a code of laws for that purpofe, would be attended. 
 
 The fccond method of fettling the laws of this province., by Advantiges anj 
 reviving at once the whole French law, and introducing by :in;j!'',i)';"^'fijj 
 ordinance only a few of the laws of England that are moft eminentlv 
 beneficial to the fubjedt, is evidently the fhorteft and eafieft method 
 that can be taken for this purpofe ; but it would be attended with 
 the following inconveniencies. 
 
 In the firft place it would have a tendency to keep up in the 
 minds of the Canadians that refpedl for the laws of France, and 
 the wifdom of the parliament of Paris, and the excellence of the 
 French government, which has been above defcribed, and which it 
 would be one of the principal advantages refulting from the former 
 meafure, of compiling a code of laws, to extinguifli. 
 
 In the fecond place it would give difguft to the Englifli In- 
 habitants of this province, who are fond of the laws of England 
 and defirous of having the greateft part of them continued, and 
 think they have a right to the enjoyment of them upon two 
 diftind grounds. 
 
 In the firft place, they think that every country that becomes 
 fubjedt to the crown of Great Britain (whether by conqueft, 
 exchange, or otherwife) becomes immediately fubjedt to the laws 
 of England, and that the laws by which it was formerly governed 
 become immediately and ipfo fa5to void and of no effe6l, being 
 fuperfeded by the laws of England without the aid of any adl of 
 parliament or royal proclamation for that purpofe. In this we 
 prefume they are miftaken i fmcc both the exprefs declarations of 
 the law-books, and thofe of your Majefty's attorney and follicitor 
 general in their report concerning this province, made in the 
 year 1766, and the didtates of natural reafon inculcate a quite 
 contrary dodrine, to wit, that the laws of the conquered people 
 fubfift in their full vigour till the will of the conquerour (hall 
 
 exprefsly 
 
>m ii.. 
 
 tnc:thod. 
 
 jn; 
 
 [ 46 ] 
 
 exprefsly change them. However this opinion, though not well 
 grounded, is pretty general among the Englifli inhabitants of this 
 province. 
 
 And in the fecond place, they fay, that, fuppofing that the laws 
 of England were not of courfe introduced into this province by the 
 very conqueft itfelf and the fubjedlion of the country to the crown 
 of Great Britain, yet that they have been exprefly introduced by 
 your Majefty's proclamation of the 7th of Odober 1763, in the 
 words that have been mentioned in the former part of this report; 
 in which your Majefty alfures them, that they may confide in your 
 Majefty's royal protedion for the enjoyment of the benefit of the 
 laws of England. 
 
 difXama"esof '^^^ ^^^^^ mcthod of fettling the laws of this province, by 
 %he third making the laws of England the general bafis of them, and per- 
 mitting the Canadian cuftoms to continue with refped only to fome 
 particular excepted fubjeds, and this by a general reference to the 
 French law-books in which thofe cuftoms are contained, without at- 
 tempting to enumerate and exprefs them anew, would alfo be a very 
 (hort and eafy one to your Majefty's minifters and fervants both in 
 England and in this province ; and will be very agreeable and fatif- 
 fadory to your Majefty's Britifti fubjeds in this province. Yet it 
 will be attended with the following inconveniencies. 
 
 By preferving a confiderable pr.rt of the French law in the lump^ 
 or by a general reference to the French law-books that contain it, 
 it will in fome degree keep up in the minds of the Canadians that 
 reverence for the laws and lawyers of Paris, and that confequential 
 opinion of the happinefs of being fubjed to the French government 
 (as being that under which thole laws may be moft ably admi- 
 niftered) which all perfons that are zealoufly attached to your Ma- 
 jefty's government would naturally wiih to fee extinguirfied. But 
 this objedio.i will take place in a much Icfs degree againft this 
 method, than againft the laft-mentioned, or fecond method, by 
 which almoft the whole body of the French laws would be revived. 
 
 Further, if this third method of fettling the laws is purfued, 
 fome of the Canadians will probably make the two following objec- 
 rions to it. They will fay, in the firft place, that the whole body 
 
 of 
 
 m 
 
fi 
 
 t 47 ] 
 
 of their laws ought to have been left intire, as there is a ftrong and 
 well-contrived connexion between all its parts, which makes it 
 dangerous and detrimental to the welfare of the province to alter any 
 of it. And, fecondly, they will fay, that, if any of the laws of 
 England mufl be introduced here, they ought not to be introduced 
 by general words, but by fpecial ordinances, enumerating them, 
 and fetting them forth at full length, and in the French language, 
 fo that the Canadians may know and obferve them. But thefe are 
 objedions which wc believe will be made only by a few pcrfons, 
 and not by the generality of your Majefty's Canadian fubjedts. 
 
 The fourth method of fettling the laws of this province, by a ^-nns" rnJ 
 making the law of England become the general law or it, with an .1 fTrliT*"^ 
 exception of fome particular fubjedls, or heads of law; and con- "'"'^'"^' 
 cerning thofe fubjedts to revive the ancient cuftoms of the country 
 by an ordinance or proclamation that (hould particularly fet thcni 
 forth and defcribe them in all the extent in which your Majefty 
 /hould think fit to let them continue, without any reference to ihe 
 law-books in which they were formerly contained, would be 
 preferable to the third method in this refpedt, that by enumerating 
 and defcribing, or reciting particularly, the feveral French laws and 
 cuftoms that were intended to be continued, it wiuld cut off all 
 conne<5tion, in the minds of the Canadians, with the French laws, 
 lawyers, and judges, and the government under which they were 
 maintained. The parliament of Paris, and the cuftom of Paris, 
 and the French king's edids would be no longer heard of, as being 
 no longer of any authority j but the laws that were permitted to 
 fubfift muft be cited in the words made ufc of by your Majefty to 
 exprefs them in the ordinance or proclamation which permitted 
 their continuance. This would be a confiderable advantage which 
 this fourth method of fettling the laws of this province would have 
 over the third method ; but it would be certainly fomewhat more 
 troublefome to your Majefty's minifters than that third method, and 
 it would likewife be liable to many imperfedlions from the in- 
 accurate manner in which the French laws and cuftoms that were 
 intended to be cbntinued would probably be fet forth ; and it would 
 be further liable to the two latter objeiftions which might be made 
 to the third meafure, to wit, that it would give but an imperfe£t 
 degree of fatisfaftion to feme of the Canadians, by leaving them 
 only a part of their ancient laws and cuftoms, and that it would 
 
 further 
 
 /. I M 
 
0^\ 
 
 '^; :'! 
 
 Jl^'H. 
 
 
 vw ft 
 
 
 ^ 
 
 CuMlllflOllf 
 
 C 48 ] 
 
 farther caufc them to complain of the general manner of intro- 
 ducing the laws of England without informing them exadly and 
 particularly what thofe laws were, that they might know how to 
 obey them. But thcfe are objedlions which, as we before obferved, 
 would probably be made by a few perfons only, and not by the 
 generality of your Majefty's new fubjeifls. 
 
 Thus we have fet forth to your Majefty at confiderable length 
 (but not greater, we hope, than the importance of the fubjeft 
 required) the difterent methods by which your Majefty's gracious 
 intention of fettling the laws of this province upon a folid and 
 permanent foundation for the time to come, and of leaving to 
 your Majefty's new Canadian fubjeds the enjoyment of fome of 
 their ancient laws and cuftoms that are moft neceflary to their 
 tranquillity and fatisfadion, may be carried into execution, together 
 •vith the feveral advantages and difadvantages with which we 
 apprehend that each of them will be attended. To weigh thefe 
 advantages and difadvantages againft each other, and draw a final 
 balance in favour of one of thefe methods in preference to the reft, 
 or to find a new method preferable to them all, is a tafk to which 
 we find ourfelves unequal, and which we apprehend can be fuccef- 
 fully performed only by the wifdom of your Majefty's counfcls. 
 By reliding in the province we may have been able perhaps, by our 
 obfervation of the ftate of things here, to furnifh your Majefty 
 with nccelTary information and materials for forming a deciftve 
 judgement upon the fubjedl j and that, in obedience to your 
 Majefty's commands, we have endeavoured to do faithfully and 
 fully, and to the beft of our abilties, in this report. That our 
 endeavours may be acceptable to your Majefty, and may be efteemed 
 rather according to the zeal and integrity by which they have been 
 directed, than according to the degree in which they may be found 
 to anfwer the high purpofes to which they were intended to be 
 fubfervient, is the earneft wifh of. 
 
 Your Majesty's 
 
 Moft loyal and devoted 
 
 Subjects and Servants. 
 
 N. B. The 
 
 Sti i 
 
 'i\\- 
 
our 
 :med 
 I been 
 found 
 be 
 
 Its. 
 
 [ 49 ] 
 
 N. B. Tlie foregoing drauglit of a report, which was prepared 
 by Francis Mafcres, Efquire, his Majcfly's attorney general of 
 the province of Quebec, by order of Guy Carleton, Efquire, 
 the governour of the faid province, was delivered in to the 
 faid governour on the 27th day of February 1769, but had not 
 the good fortune to be approved by his excellency. Another 
 report was thereupon drawn up by other hands agreeable to 
 the govcrnour's feiuiinents, in whicli his excellency has omitted 
 the confidcration of all the public aifls and inilrunients whereby 
 the Eno_liih law has been introduced, or attempted to be in- 
 troduced, into that province, together with fume other m-atters 
 contained in the foregoing report; and inllead of mentioning 
 feveral different methods of fettling the laws of thit province 
 for the future, with the feveral advantages and difadvantages 
 that would probably attend each of ; he propofed methods, and 
 leaving it wholly to his Majefty's wifdom to chufe one of the 
 methods in preference to the others, as ij doi'c in the fore- 
 going report, his excellency has thought fit -d menf • m only 
 one method of fettling the laws of the province, ^ >ich he 
 llrongly recommends to his Majefty, as the only w'.y of doing 
 juftice and giving fatisfaclion to the Canad'-^ns, which is, io 
 continue the laws of England with refpedt t.j ci minal matters, 
 but to revive the whole body of the French laws that were 
 in ufe there before the conqueft with refpedt to civil matters. 
 The chief juftice, William Hey, Efquire, and attorney general 
 of the province, not thinking it either neceflary or expedient 
 to revive the whole body of the French lawr. in civil matters, 
 but only thofe parts of them (which indeed are very con- 
 fidcrable) which related to the tenure, alienation, dower, and 
 inheritance of landed property, and the diftribution of the 
 eftetfts of perfons who die inteftate, delivered in to the 
 governour two additional papers, or lelTer reports, containing 
 their reafons for not wholly agree" 'r: to the report made by his 
 excellency. And thefe three rep j. m were delivered to Maurice 
 Morgan, Efquire, about the 12th of September 1769, to be by 
 him carried to England, and delivered to his Majeity's fecretary 
 of (late for America. The additional paper, or lefler report, of 
 the attorney general wa.. ;n titled his opinion concerning the 
 governour's report, and was as follows. 
 
 G 
 
 NUMBER 
 
[ 50 ] 
 
 !;'!!..; 
 
 If •■lu 
 
 klSi 
 
 %■ 
 
 NUMBER II. 
 
 the OPINION of the Attorney General oF the 
 Province of Quebec concerning the Report made by 
 his Excelkncy Brigadier-General Car let on, the 
 Governour in Chief of the feid Province, to his Majeily 
 in Council, 
 
 CONCERNING 
 
 The State of the Laws and the Adminiflration of Juftlce in- 
 
 the faid Province ;; 
 
 w I 
 
 H- 
 
 The Reafons of hi* Diffent from fome of the Matters 
 contained in the faid Report. 
 
 "XT OUR M'ajefty*s attorney general of this province approves that 
 
 * part of the foregoing report which gives an account of the 
 
 L- conftitution of the- government of this province during it's fubjcdion 
 
 to the French king, and believes the faid account to be true in mofl: 
 
 objeftibnsto particulars; but he cannot aflent to that part of the faid report 
 
 «vivbg°he°^ which fuggefts to your Majcfty the expediency of reviving the 
 
 ihe^Frendliats ^1^°^*^ °^ *^^ FrcHch laws in civil matters^ for the foUbwing 
 
 relating to «ivil TCafonS. 
 
 natters, 
 
 fuch"''m!afiu? ^" ^^^ ^^^ place, he thinks It will" be a deviation from that plan 
 with his Ma-"" of conduct which your Majefty has hitherto thought fit to purfue 
 piano/conjuft With Tefpcd to this provincc ever iince the conqueft of it by your 
 rhe'^provmw'of ^^J^%'^ ^^^^ '^^ 1760, which hc conccives to have been, to en- 
 Qiiebfc. deavour to introduce the Enghfti laws and the Engli(h manner of 
 
 government into it, and thereby to affimilate and affociate this pro- 
 vince to your Majefty's other colonies in North America, and not 
 to keep it diftinft and feparate from them in religion, laws, and 
 J maimers, to all future generations. He conceives that if this latter 
 
 l^^ fyftem had been that which your Majefty had adopted, ycur Majefty 
 would have given orders to your general, Sir JefFery Amherft, to 
 whom this province was furrendered, to keep up, from the firft 
 
 moment 
 
[ SI ] 
 
 moment of the conquefl:, all the courts of juftice that were at that 
 time in being in the colony, and even the fevcral officers that com-- 
 pofed them, upon the fame footing on which they then fubfifted. 
 But as your Majefty's faid general did immediately fupprefs all the 
 former jurifdiditions, and eredt military councils in their (lead, and 
 in the articles of capitulation refufedto promij'e the inhabitants of this 
 province the continuance of the cujlom of Paris, and the other ancient 
 laws and ufages by which they had been governed, though requefted in 
 that behalf by the French general ; — and as your Majefty did after- 
 wards, in the fourth article of the definitive treaty of peace in 1763, 
 engage to indulge your new Canadian fubje£ls even in the delicate 
 and important article of the free exercife of their religion, only fo 
 far as the laws of England will permit ;— and as your Majefty, by 
 your royal proclamation of the 7th of November 1763, did en- 
 courage your British and other ancient fubjedls to go and fettle in 
 this and the other new-eredted governments, and did promife them, 
 as an excitement thereunto, the immediate enjoyment of the benefit of 
 the laws of England', — and as your Majefty did afterwards, by your 
 commiflion of vice admiral of this province granted to General 
 Murray, exprcfsly introduce all the laws of the Englijb courts of 
 admiralty into this province j and by your commiflion to the fame 
 gentleman to be captain general and governour in chief of this 
 province, did diredl him to fummon an affembly of the freeholders 
 and planters in this province, and in conjun^Stion with them to make 
 laws and ordinances not repugnant to the laws of England, by which 
 it feems to be pre-fuppofed that the laws of England were already 
 introduced there; and did in other parts of the faid commiflion 
 allude to divers of the laws of England as being already in force here, 
 as particularly the laws relating to the oaths of abjuration and 
 fupremacy, and the declaration agamfi tratfubjiantiation — From 
 thefe feveral exertions of your Majefty's royal authority in favour of 
 the laws of England, your Majefty's attorney general of this 
 province humbly colledls it to have been your Majefty's gracious 
 intention to aflimilate this province in religion, laws, and govern- 
 ment to the other dominions belonging to your Majefty's crown in 
 North America ; he therefore conceives that the immediate revival 
 of all the French laws relating to civil fuits in this province, in the 
 manner fuggefted in the foregoing report, will have at leaft the 
 appearance of a deviation from the plan of condu(5l which your 
 Majefty has hitherto adopted; and of a ftep towards a preference of 
 
 G a the 
 
 'W^m 
 
 >.*. 
 
 
 ■:; fh 
 
 •v »' 
 
 
 ■Vi 
 
 'i ! 
 
 f':! 
 
 %; 
 
 t.:'j, 
 
[ S2 ] 
 
 >t liir 
 
 the contrary fyftem of keeping this province difllnd from, and un- 
 connected with, all your Majeily's other colonies in North America: 
 and this appearance he humbly conceives to be itfelf a confiderable 
 inconvenience, and very fit to be avoided, unlefs very (Irong reafons 
 of juftice or policy madefuch a meafure neceffary, which he does 
 othrf incon- not conceive to be the cafe i for, on the contrary, he apprehends 
 foTiow from" that thc faid total revival of the cuftom of Paris, and all the other 
 fucb a meafure. pygnch laws relating to civil fuits, will be attended with the 
 following additional inconveaiencies. 
 
 Firft inconve- 
 nience. 
 
 Second incou- 
 .^enicncc. 
 
 V 
 
 liKf 
 
 In the firft place, it will make it difficult for any of your 
 Majefty's Englifti fubjeds to adminiller juftice in this province, as 
 it will require much labour and ftudy, and a more than .ordinary 
 acquaintance with the French language to attain a thorough know- 
 ledge pf thofe laws. 
 
 In the next place, it will keep up in the minds of your Majefty's 
 new Canadian fubjedts the remembrance of their former govern- 
 ment, which will probably be accompanied with a dclire to return 
 to it. When they hear the cuftom of Paris, and the parliament of 
 Paris, and its wife decifions, continually appealed to as the meafure 
 of juftice in this country, they will be inclined to think t/jai 
 government to be beft, under which thofe wife laws could moft 
 ably be adminiftered, which is that of the French king ; which, 
 together with the continuance of their attachment to the Popifli 
 religion, will keep them ever in a ftate of difaffeftion to your 
 Majefty's government, and in a difpofition to fiiake it off on the 
 firft opportunity that fliall happen to be afforded them by any 
 attempt of the French king to recover this country by force of 
 arms. 
 
 :i>' 
 
 Third incon- 
 tcuience. 
 
 And in the third place, it will difcourage your Majefty's Critifh 
 fubje£ls from coming to fettle here when they fee the country 
 I governed by a fet of laws, of which they have no knowledge, 
 ^ and againft which they 
 
 prejudices. 
 
 entertain (though perhaps unjuftly) ftrong 
 
 Your Majefty's attorney general of this province is further of 
 opinion, that the body of your Majefty's new Canadian fubjeils are 
 by no means either fo diftreifed or fo difcontentcd by the introdudtion 
 
 of 
 
C 53 ] 
 
 any 
 ce of 
 
 itiOi 
 nitry 
 |dge, 
 
 i-ong 
 
 |r of 
 
 are 
 iHon 
 of 
 
 ; 
 
 of the EngHfli laws into this province as they are reprefented in the 
 foregoing report : at leafl he has feen no proofs of cither fuch great The espcndve. 
 dJiTrefs or high difcontent. What he has principally obfervcd to be;-lV:"„1- fhc""" 
 the 'hibiedt of their complaints has been, either the expence or the f'''.u:uifihwnro. 
 
 ... .-^ ~ ~ . ^ ,. I'll 1 r ' • c\faiiii>,s aie the 
 
 Giiatonncfs or our law-proceedings ; vvhicn he therefore conceives principal fub- 
 fland in need of reformation : and he is of opinion, that to efl:abli(hlompbims''of 
 three coarts of gen:;ral jurifdiclion in. all matters criminal as well as ''"^ ^- "'"^' '"'• 
 civil in the province, to lit every week in the year (with a very few To erca three 
 exceptions) in the towns of Quebec, Three Rivers, and Montreal, TciKraTuirir-^ 
 would be the moil adeq^uate remedy for thefe complaints. dKi'r°r,ttin'f'* 
 
 weekly. 
 
 And as to thefubftance of the laws which are to be henceforwards 
 admitted in this province, he conceives that the bell way of all to 
 fettle thcfe would be to make a code of them, that fliould contain Tp make a co(fe 
 all the laws of every kind, criminal as well as civil, that wercuieot-Uie'pro-j 
 intended to be of force here, to the exclufion of all other laws, ^'""* 
 both French and Englilh, that were not inferted in the faid code j by 
 which means all pretence would be taken away both from the Frencn 
 and BritiTn inhabitants of this province for complaining that they 
 arc governed by unknown laws. This he conceives to be a work of 
 difficulty indeed, but by no means impracfticable i and he apprehends 
 that it would be a work of very great utility to the province, even 
 though it fliould be very imperfeftly executed, and many important 
 articles fhould happen to be omitted in it ; provided only that thofe 
 thinP's that were inferted in it were ufeful and reafonable, and fet 
 forth in a clear and proper manner : becaufe he apprehends that 
 the rules lb inferted would be fufficient to govern at leafl: all the 
 common cafes that would happen in the ordinary courfc of human 
 affairs, fuch as dcfcents in the right line, the right of reprefentation 
 in grand-children whofe parents are dead, the dower of widows, 
 the rents and fervices due to feigniors, the obligations and duties 
 due from them to their tenants, the feignior's right to the common 
 mutation-fines, his right of pre-emption of his tenant's land when 
 the tenant is difpofed to fell it, the rules of evidence in courts 
 of juftice, thi; folemnities neceffiiry to be obferved to give validity to 
 a deed or will, and the like obvious and important matters ; which 
 would be fufficient to prevent the province from falling into con- 
 fufion. And as to the nicer cafes which might be omitted in fuch a 
 code, they might afterwards be fupplied by particular ordinances 
 pafled from time to time for that purpofe. 
 
 But 
 
 >i 
 
 -: ♦*; 
 
 '' i!'ii 
 
 n'\i 
 
i! .' 
 
 W 
 
 ■ To revive tlie 
 old French laws 
 
 [ 5+ 1 
 
 But if this meafure of -making nu h a code of laws fliould not be 
 
 thought advifeable, your Majefty's attorney general of this province 
 
 is humbly of opinion that it would be mod expedient to let the 
 
 Engli{h law continue to fubfilt in this province as the general law 
 
 of the province, and to pafs an ordinance to revive thofc of the 
 
 rcuing to i"X former French laws which relate to the tenure, inheritance, dower, 
 
 theSibmioa'^ silienation, and incumbrance of landed property, and to the diftribu- 
 
 rUutftatf ''''' °^ '*°" ^^ *^^ effedts of perfons who die inteftate. His reafons for 
 
 thinking that the French laws upon thefe heads ought to be revived, 
 
 iire as follows. 
 
 Thefe heads of law are three in number : Firft, thofe relating 
 to the tenures of lands in this province, or the mutual obligations 
 fubfifting between landlords and tenants with refped to them. 
 Secondly, the laws relating to the power and manner of aliening, 
 mortgaging, and otherwife incumbring landed property. And 
 Thirdly, the laws relating to dower, inheritance, and the diftri- 
 b.ution of the efFevfls of perfons who die inteftate. And thefe feveral 
 heads of law ought, as he humbly apprehends, to be revived ia 
 this province upon feparate and diftini^ grounds. 
 
 •Laws of tenure. Tht laws of tcnurc, he conceives, ought to be confidered as 
 having been already granted by your Majefty to your new ' "anadian 
 fubjefts by that article in the capitulation of 1760, by which your 
 Majefty's general granted them t&e enjoyment ^ of a/I their ejtafes, 
 ■both noble and ignoble, and by the permiffion given them by your 
 Majefty in the definitive treaty of peace in 1763, to continue in 
 the pofleflion of themi thefe laws being effentially neceflary to fuch 
 pofleffion and enjoyment. Such are the laws relating to the quit- 
 rents due by the freeholders, who hold by rent-fervice, to the 
 feigniors, the mutation- fines, the right of pre-emption, and the 
 rights of efcheat in certain cafes j all which conftitute the principal 
 part of the property of the feigniors. 
 
 Lavys rchtiniT But the laws relating to the power and manner of alienin?, 
 
 :tT the manner . ,,*-'.-. \ . 111 " 
 
 oj aik-njv andmortgagmg, ana otherwiie mcumbrmg, landed property, are not, 
 
 iiS property, as hc apprcheuds, abfolutely neceflTary to the enjoyment of the 
 
 lands themfelves, and therefore ought not to be reckoned quite 
 
 fo facred and unchangeable as the laws of tenure themfelves. 
 
 Yet he conceives them to be yery nearly connected with thofe 
 
 laws. 
 
[ 5S ] 
 
 ]aw9, and almoft dependant upon them, (o that they could not be 
 changed in any confiderable degree without diminifliing the value 
 of the lands themfelves, by means of the praftical difficulties 
 that would occur in making ufe of the new modes of conveying 
 land that would be eltabliflied in their ftead ; and therefore 
 he thinks that they ought to be continued. And further, he 
 conceives it will be the more neccfiary to revive or continue the 
 French laws upon this fubject, in order to prevent the introdudlon 
 of the Englifh laws upon the fame fubjeit, namely, the do(£lrineTiieprnajceof 
 of eftates-tail, the ftatute de donisi tlie method of defeating that upon th°sfubjfft 
 ftatute by common recoveries, the dodiiiie of fines, the ftatute of i),^onvenicnf [l 
 ufes, and the doctrine of ufes in general, and other nice doclrines ''^'- p'"'""'"- 
 relating to real eftates^ which are full of fo much fubtkty, in- 
 tricacy, and variety, that> if they were to be introduced into this 
 province, they would throw all the inhabitants of it, without 
 excepting even the Englilh lawyers, into an inextricable maze of 
 confufion. For thefe reafons he apprehends that the Engli(h laws l_ 
 upon this fubjed ought never to be introduced here ; and that the 
 former laws of the province relating to it ought for the prefent to • 
 he revived.. 
 
 inhi- ■ 
 ni. 
 
 as 
 
 "uch 
 
 uit- 
 
 the 
 
 the 
 
 :ipal 
 
 »ing, 
 not, 
 the 
 juite 
 Ives, 
 hofe 
 aws. 
 
 % 
 
 I 
 
 the cffefls of ; 
 intclUies. 
 
 Laftly, as to the French laws concerning dbwer and thcjr^^'^^'^j 
 inheritance of lands and the dillribution of the goods of in- Jower, aiuitht 
 teftates, with refped to fuch marriages as have been contracted, f '""''"'"'" "^ 
 and fuch deaths as have happened, iince t]\e eftablifliment- of the ' 
 civil government in this province, your Mujcfty's attorney general 
 of this province is humbly of opinion, that thofe laws ought not to 
 be coniidered as neceflary appendages to the property of your 
 Majefty's Canadian fubjedt« in this province, and as having thcre*- 
 fore been gi anted to them by implication in the articles of capitu- 
 lation and the definitive treaty of peace ; becaufe they do not aftedl 
 the property, or the rights, of the Canadians then in being, to wiiom 
 alone thoie giants were made,, but only guide and determine the 
 courfe and devolution of that property after their deaths among 
 perfons that were then unborn. This, therefore, he conceives to • 
 he a matter upon which' the authority of. a legiflator may properly. 
 be evercifed. An.i he further apprehends, that in fome time hence 
 a ch.uige of the laws relating to thefe fubjciib, and elpecially . of 
 thofe relating to dower and the inheritance ot land, would be highly 
 bcixcficial to this province, the prelent excediye fubdivifion of the • 
 
 lauds, , 
 
 L 
 
I 
 
 *. Sill' 
 
 [ 56 ] 
 
 lands, by repeated partitions of them amongfl: numerous flimilles, 
 being produ-Tiive of confiderable inconveniencies. But this, he ap- 
 prehends, need not be done at prefent; and he conceives, that, if 
 ever it (hould be thought advifcable to do it, it ought to be done 
 by a full and exprefs declaration beforehand of the time at which 
 the propofed changes fhould take place, v^ith a power given to fuch 
 perfons as difliked them to prevent their taking place in their 
 relpeclive families by cxprcfs provilions and agreements to the 
 contrary, and fhould be accompanied with fuch temperaments and 
 modifications as fliould make the adopting them be in a manner 
 the voluntary a£t of the perfons who were affetfted by thqm. But 
 for the prefent he conceives it might be better to poftpone thofe 
 important changes, and to revive the ancient laws of this province 
 concerning inheritance and dower, and the diftribution of inteftates 
 eftates, as well as thofe relating to the tenures of land and the 
 power and manner of aliening and mortgaging and otherwife in- 
 cumbring it. And this one ordinance, reviving the f lid ancient laws 
 relating to landed property and the diftribution of the efFeds of 
 perfons who die inteftate, would, as he conceives, be fufficient to 
 prefervc the tranquillity of the province, and to give fatisfadtion to 
 the bulk of the Canadians : at leaft, he apprehends it would be 
 enough to begin with : and if, upon trial, it {hould be found 
 neceffary to revive fome other of the French lav/s that formerly 
 fubfifted in this province, it might be done by ano'her ordinance 
 or two, that might be palfed for that purpofe, when the neceffity 
 of them Ihould become apparent. By fuch an ordinance as is 
 above-mentioned pafled at prefent, and by the eftabiiiliment of an 
 eafy and cheap method of adminiftering jullicc in this province 
 with fufficient expedition, he conceives that the far greater part of 
 your Majefty's Canadian fubjedts would be contented. Tlus there- 
 fore is what he humbly prefumes to recommend to your Majcfty as 
 the beft method which he canfuggeft for the fettlemcn!: of the laws 
 of this province, after the fulleft confideration of this difiicult and 
 important fubjedt. 
 
 QjJE BEC, 
 
 Sel>tember iithf iy6^. 
 
 FRANCIS MASERES, 
 Attorney General. 
 
 N. B. In 
 
t 57 ]' 
 
 N. B. In the foregoing (hort report, or opinion, of the attorney 
 general of the province of Quebec, the particulars of the 
 plan therein recommended for the adniiniihation of juflice 
 the province of Quebec are not fet forth, [but only the 
 
 m 
 
 general fubftance of it is briefly mentioned in thefe words 
 What he has principally obferved to be the fubjedl of the 
 complaints of the Canadians has been either the expence or 
 the dilatorinefs of our law-proceedings, which he therefore 
 conceives fland in need of reformation: and he is of 
 opinion, that to eftablifli three courts of general jurifdidion, 
 in all matters criminal as well civil, ia the province, to fit 
 every week in the year (with a very few exceptions) in 
 the towns of Quebec, Three Rivers, and Montreal, would 
 be the moft adequate remedy for thefe complaints." Now 
 
 the particulars of this plan are as follows. 
 
 Ie s. 
 
 ■•i'tii 
 
 iB. In 
 
 H 
 
 NUMBER 
 
[ si ] 
 
 NUMBER III. 
 
 N 
 
 i ■• 
 
 O F 
 
 Convenient Method of adminiflering Justice in the 
 
 Province of Qju e b b c. 
 
 [N. B. This plan is the fame with that in the foregoing draught of an intended 
 report of the governour and council of the province of Quebec, which the 
 governour rejefted, page 32, et feg\ with a few additional remarks] 
 
 TT is conceived that the following method of adminiflering juftice 
 ■^ would be that which would belt fuit the circumftances of the 
 province of Quebec and the temper of its inhabitants, and be upon 
 the whole the fitteft of any to be carried into execution there, being 
 nearly the fame with that which took place there in the time "of 
 the French government. 
 
 fliouirbJdrvfjed ^" *^^ ^""^ place, it would be proper to divide the province 
 intothree again into the three diftridts of Quebec, Three Rivers, and 
 ♦hires/'*" Montreal, as in the time of the French government j and to call 
 
 them (hires, which is the name of the diftridts into which England 
 Eachrhireniouuis divided; and to appoint a feparate minifterial or executive officer 
 jave^afcparatc ^f juftjcg to cach of thefc fliircs or diftrids, to be called, as in 
 
 England, the fheriiF of the fliire, inftead of having an officer of 
 
 this' kind, called a provoft-marftial, for the whole province, as is; 
 
 now the cafe. 
 
 iSrofTudiT-' I" 6^^^ o^ th^^^ ftiires, or diftrids, there fhould be a feparate- 
 turcniouidbe foyal court of judicature, which (hould hold its feflion in the chief, 
 dlariWorftU; or rather the only town, in the diftridl; for the towns of Quebec,, 
 Three Rivers, and Montreal are the only towns in the province.. 
 which rtiouu Thefe courts ftiould confift of one Engliih iudcre, to be appointed 
 
 ccniift of one , , . y, „ • n i r>> i- rr n n- rr i ^ 
 
 Kngiiih judge by his Majelly, and a Canadian alliltant, or aneilor, to be named 
 and^a^uaadian ^^ ^^^ govcmour of thc provincc. Thefe courts fliould have full 
 
 power 
 
 Ir, I 
 
[ 59 ]. 
 
 power to hear and determine all matters, both criminal and civil, 
 arifing within their refpedive jurifdidlions, juft as the chief jullice 
 cf the province is impowered to do upon the prefent cftablifliment 
 throughout the whole province. The Englilh judges fliould be 
 barrifters at law of at lead five years (landing at the bar -, and they 
 fhould be fuch as, befides their (kill and knowledge in the law, had 
 a competent knowledge of the French language. This would be 
 almoft a neceflary qualification, in order that they might be able to 
 underftand the evidence given by the French witnelfes who would 
 fo often be examined before them : and to enable them to do this 
 more readily, and likewife to comprehend the nature and extent 
 of fuch of the ancient laws and cuftoms of the country as his 
 Majefty (hall think fit to revive or continue, would be the principal 
 ufe of giving them the a(re(rors above-mentioned, who (liould be 
 Canadian lawyers or notaries of good character and ability. But 
 thefe Canadian aflelfors (hould only aflifi: them with their opinion 
 and advice, without having any vote or authority to decide the 
 caufes in conjunction with the judges ; but the whole power of 
 finally deciding them (liould be vefted folely in the Engli(h judges. 
 
 This employment of the Canadian lawyers, even in this fubordi- 
 nate capacity of afliftants and advifers, would be thought a very 
 gracious indulgence in his Majefty by all his Majefty's new Canadian 
 fubjedls : and many of them, to whom it has been mentioned, 
 have exprtffcd an intire approbation of it. If they were to have 
 an equal degree of authority with the Englifh judges in the final 
 decifion of caufes, they would be much more likely than the 
 Engli(h judges to abufe it, by reafon of their connecftions in the 
 country, and the enmities and partialities that thofe connexions 
 would give birth to: and, befides this, there are other reafons which 
 would make it inexpedient for his Majefty to truft his new Roman 
 Catholic fubjedls, fo lately brought under his allegiance, with fo 
 great a degree of power. 
 
 Thefe judges and their afliftants (hould hold their courts every xhefe 
 week throughout the year, excepting one month at Chriftmas, one "*^" 
 week at Eaft r, and another at Whitfun-tide, which are the three 
 grcateft feafons for holydays obferved by Chriftians. And they 
 (hould fit on the Tuefday or Wednefday of every week, to the end 
 
 H 2 that 
 
 1, 
 
 courts to 
 every wetki 
 
 * !*^HI 
 
 m 
 
 \ nft 
 
11 
 
 aOioQS. 
 
 i ■ 
 
 C 60 ] 
 
 that the contending parties and their witnefTcs might not be untJeu 
 the neceffity of travelling on Sundays to attend them. 
 
 If the ufe of juries fliould be thought fit to be continued in 
 criminal profecutious, they {hould be fummoned only once a month, 
 that the inhabitants might not be too much diverted from the care 
 of their private concerns by their attendance on the courts in that 
 capacity. But all thofe parts of the criminal profecutions that 
 do not require the attendance of juries, and, if the ufe of juries 
 was laid afide, the whole of thofe proceedings ftiould be carried 
 on in the the weekly feffions, as well as all the civil bufmefs of 
 the didridts. 
 
 Mft^r^tt of pro- The method of proceeding in thefe courts in civil atflions might 
 ctUing ,n civii i^g ^g follows. The plaintiff might bring a declaration, or plaint,, 
 in writing into court (which might be either in the French language 
 or the English, as he thought proper) praying the procefs of the. 
 court to Giufe the defendant to be fummoned to anfwer it, but not. 
 to be arrefted by his body. This plaint fliould be read to the 
 judge in open court, in order that he Hiould determine whether or 
 no it contained a good caufe of adion : and till he approved it,, 
 no fummons ihould be ifTued upon it. If he approved it, he fhould, 
 order it to be filed amongft the records of the court by the clerk, 
 or regifier of the court, and fhould at the fame time award a- 
 fummons to be fent to the defendant to come and anfwer the 
 plaintiff's demand at fuch future day as the judge Ihould therein 
 appoint. 
 
 If the defendant neglefted to appear in court at the time ap- 
 point-d by the fummons, without any good reafon for fuch negleift, 
 he fliould be condemned to pay to the plaintiff a moderate fum of 
 money, to be afcertained by the judge, and which fhould not exceed 
 the fum of five fliillings Sterling, as a compenfation to the plaintiff 
 for his cxpence and trouble in attending the court, at the time ap- 
 pointed by the faid fummons, to no purpofe j and he fhould be fum- 
 moned a fecond time, to come and anfwer the plaintiff's demand at 
 another time : and if he then alfo negleded to come, judgment 
 (hould be given againfi: him by default. 
 
 When 
 
ap- 
 
 gledt, 
 
 Im of 
 
 cceed 
 
 lintifF 
 
 |e ap- 
 
 fum- 
 
 Ind at 
 
 ment 
 
 'ben 
 
 [ 6i ] 
 
 When the defendant appeared, he fliould make his anfwer to the 
 plaint of the plaintiff" in writing, and cither in the French or 
 Englifli language, as he thought proper : and his anfwer fhould of 
 eourfe, and without the judge's approbation of it, be filed amongft 
 the records of the court. And then (as it is not probable that the 
 plaint and anfwer would be drawn fo_ably, in this country of 
 dulnefs and ignorance, as to affirm and deny clearly and pointedly the 
 feveral fads mentioned in them) the judge himfelf fhould interro- 
 gate the parties concerning thofe fadts which were material to the 
 decifion of the caufe, in their account of which the contending 
 parties feemed to differ : and the'e interrogatories made to the 
 contending parties, and the anfw^rs made to them by the 
 parties, fhould be reduced to writing by the judge, or by the clerk j'"J''= '[["'^^'ic'h 
 of the court, from words dictated to him by the judge. And the contcnaing 
 when the judge had thus found out in what points of fadt, material Jgree" iiiouu 
 to the decifion of the caufe, the parties differed, he fliould him^elf''^''P' ""pJ" 
 
 • . • i writing by tnc 
 
 ftate thefe faits in writing, and declare to the parties, that it was iiidgc. 
 neceffary for him to be informed by proper tefiimony whether they 
 were true or falfe ; and fliould thereupon aflc the parties whether 
 both, or either of them, defired that he fhould inquire into the 
 truth of thofe facfls by means of a jury, or by examining witneffes, 
 or other proofs, himfelf. 
 
 If both, or either of the parties defired to have a jury, a jury 
 fliould be fummoned to attend at fuch following feffion of the court 
 as the judge fhould appoint. This jury fliould be paid for their 
 attendance by the party at whofe requefl they were fummoned j 
 and if both parties defired to have a jury, then equally by both 
 parties. They fhould receive about five fhillings Sterling a man. 
 For at prefent it is a fubjedl of complaint among the Canadians 
 that they are taken from their neceffary occupations to attend upon 
 juries (which is by no means an agreeable employment to them) 
 without any confideration for it ;. and this, if it happened every 
 week, and without any compenfation, would be thought (and per- 
 haps juftly) a very heavy burthen. But for. a reward of five fhillings 
 they will ferve with great alacrity. 
 
 Thefe juries fhould be appointed in, nearly, tV.e fame manner as '^_'|^|J[]'^'' "[,;^i" 
 fpecial juries are in England : that is, the fheriff fliould prelent to thejunc*. 
 court a lifl of four times as many perlbns qualified to be jurymen as 
 
 were- 
 
 Jinlcs 10 he 
 fuinmoncd at 
 the defirc of 
 cither ot" the 
 parties. 
 
 rlity (hould be 
 paiJ lor tlii-ii- 
 atttiulcii.cf. 
 
 i ■■.«* 
 
 ■1 
 
; 1 
 
 'mm 
 
 ji'» 
 
 [ 62 ] 
 
 Avorc neceflary to conflitute a jury ; that is, if a j:.; , was to confift 
 of twelve men, a lill of forty-eight perfons fo qua' ,'<: 1 ; uni then 
 each party (hould ftrike out the names of twelve peaons from the 
 faid Hft i after which the names of the twenty-four remaining jury- 
 men (liould be fct down in a new lift in the following order; to 
 wit, firft one at the nomination of the plaintiff, then one at the 
 nomination of the defendant J tlu n another at the nomination of the 
 jilaintiff, and then another at tlie nomination of the defendant; and 
 lo on ; each of the parties alternately nominating one, till the 
 whole number was exhaufted. And thefe perfons (whofe names 
 were thus fet down in this new lift in the aforefaid order, 
 and who would be enough in nUmber to conftitute two juries) 
 fliould all be fummoned to attend the court on the day appointed 
 for the trial of the caufe, and (hould be called over in the 
 court in the onler in which their names were fct down in this 
 new lift. And if there appeared lix or more of the twelve 
 nominated by each of the parties, then the firft fix of thofe 
 nominated by the plaintiff that appeared when their names were 
 called over, and the firft fix of thofe nominated by the defendant 
 that appeared at the fame time, fliould conftitute the jury to try 
 the cauie. If fewer than fix of thofe nominated by one of the 
 parties, as, for inftance, only three, appeared in the court when 
 the names in the jury-lift were called over, thofe three, or other 
 number of perfons fmailer tli^n fix, fliould make a part of the jury 
 which fliould try the caufe ; raid the other nine, or other number 
 requifite to make a full jury, fliould be the firft nine, or other fuch 
 requifite number, of the twelve nominated by the other party that 
 appeared upon this occafion. The reafon of fummoning twice as 
 many perfons as would be fufficient to compofe a jury is to provide 
 againft the non-attendance of feveral of them. If it was found by 
 experience that the perfons fummoned ufually attended very 
 pundlually, it might be fuflicient to fummon only fourteen or 
 fifteen, or perhaps only twelve, or the very number neceffary to 
 conftitute a jury. In this laft cafe the original lift given in by the 
 flieriff fliould confift of only twenty-four names ; out of which 
 each of the parties fliould ftrike fix names, and the remaining 
 twelve perfons flioifld be fummoned to try the caufe. By this 
 method of appointing a jury the difagreeable and captious 
 practice of challenging jurymen would be avoided, which is apt 
 to give rife to animofities between the perfons challenged and the 
 parties who objed to them. 
 
 Of 
 
 d 
 u 
 
 f V: 
 
t 63 ] 
 
 [lie ver- 
 
 Of the jurymen fo chofen a majority fhould have a right to a mijority of 
 determine the verdidt i the prefent rule of requiring an abfolute carVyT *" 
 unanin'' ^y amongft all the jurymen being evidently abfurd and un-'"^'- 
 natural, and, aniongfl: other inconvenicncies, produilive of one of 
 a very important nature, which is tlie perjury of fome of the jury- 
 men in every third or fourth caufe that is tried : for it happens at 
 leaft fo often that there is really a difference of opinion amongft 
 the jurymen, and that fome go over to the opinion of the reft in 
 oppofition to their own fentiments, and confequently contrary to the 
 oath which they have taken to give a true verdidt according to the 
 evidence, which doubtlefs means according to their judgment of it. 
 And it has fometimes happened that a great majority o^ the members 
 of a jury has gone over to a fmall, but refolute, minority. This 
 therefore calls loudly for a reformation, and more efpecially in a 
 country where the natural and orlinary differences of opinion that 
 muft frequently happen amongft jurymen are likely to be greatly 
 heightened by national and religious prejudices. 
 
 If the agreement of twelve men is thought neceffary to eftablifti 
 the truth of a fadl, it would be neceffary to impannel twenty-three 
 jurors. But perhaps a bare majority of twelve men may be fufficient 
 to anfwer all the purpofes of juftice in civil matters ; and if fo, it 
 would be proper that juries ihould confift of thirteen men, that 
 there might in all cafes be a majority on one lide or the other. In 
 criminal matters it might be proper to make the agreement of two 
 thirds of the jury neceffary to the conviction of the accufed perfon j 
 or, if ftill greater tenderncfs to the prifoner was thought expetiient, 
 it might be proper to make the unanimous conlent of the whole 
 jury neceffary to his convidtion, but not upon that account to 
 infift upon the jury's bringing in an unanimous verdidt, but to con- 
 lider the diffent of one juryman to the vtididl given by the othet 
 eleven againft the prifoner, after dclibfi iting upon their verdict for 
 twenty-four hours, as a fufficient groLi.iJ of an acquittal. 
 
 And as the iflues, or points of fadt, that were to be propofed to ah the vn die 
 the confideration of the jury, (liould he drawn up in a mnute and ^* ^.;'^['" ^r 
 particular manner in words didlated by the judge of the court, fo 
 tlie verdidls of the juries fliould be always fpecial verdii\s, ftating 
 the fadls as the jury find them to have happened, with great 
 exadtnefs and particularity. This would prevent jurors from en- 
 croaching upon the province of the judge and determining points 
 
 o£ 
 
 Ik 
 
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 '15. 
 
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 Ixaminat 
 witnclics. 
 
 [ 64 1 
 
 of law by means of the fliort and general verdi£l:s of, *' GutViy or 
 *' 72ot guilty \^ ^' he did or /itd not undertake i* ** he does or does not 
 *' oive the jum demanded \* and the like, that oftentimes involve 
 points of law mixed v/ith matters of fad, and thereby give juries 
 an opportunity of committing thefe irregularities. Whenever thefe 
 things happen (whether it be from the ignorance and want of 
 difceinment of the jurymen, or from their wilfulnefs and • ity) 
 
 it is humbly apprehended that a real injury is done to .c lofing 
 party, whofe right it is, according to the laws of Lngland, to 
 have the points of law, upon which his caufe depends, decided 
 by the able and learned judges whom the King has appointed to 
 fill the courts of juftice, as much as it is to have the matters 
 of fad in the caufe determined by a jury of honeft freeholders of 
 the neighbourhood. 
 
 on of The witnefles examined in the trial of a caufe fliould be examined 
 mvu voce in open court, in the prefence of both the parties, or their 
 attornies or advocates ; and crofs-examined, if the adverfe party 
 thought proper : and they fliould not be allowed to deliver their tefti- 
 mony by written depofitions or affidavits taken in private; not even 
 in thofe trials that were carried on without a jury j unlefs by the 
 confent of both the parties, or by the particular dircdion of the 
 judge, upon very flrong reafons for fo doing, moved and debated m. 
 open court. 
 
 Execution a- 
 
 When judgement was given for the plaintiff in a civil adion, 
 f*nds.^°° *''" whereby a fum of money was ordered to be paid him by the 
 defendant, either as a debt juflly due to him by contrad, ©r by 
 way of compenfation for fome damage and injury that had been 
 done to him, a writ of execution fhould go againfl the goods and lands 
 of the defendant, but not againfl his perfon ; direding thefherifF, or 
 other miniflerial officer that executed the procefs of the court, to 
 levy the fum of money awarded to the plaintiff upon the defendant's 
 moveable goods and chattels j and, in cafe they fliouid not be 
 fufficient for the purpofe, then, but not otherwife, to fell part of 
 his lands to produce the remainder of that fum. And if the 
 executive officer fhould not find a fufficient quantity of either 
 moveable or immoveable property belonging to the defendant to 
 raife the fum awarded, and the judge fhould be of opinion, upon 
 affidavits made before him for that purpole, that there was reafonable 
 
 ground 
 
 
 'P t 
 
 I 
 
^dlion, 
 the 
 
 er by 
 been 
 lands 
 iff, or 
 rt, to 
 dant's 
 )t be 
 irt of 
 the 
 jither 
 It to 
 [upon 
 Inable 
 lound 
 
 t 6s 3 
 
 ground to fufpetSt that the defendant had fecreted or concealed fomeriie cfefenjant 
 of his effedls, he might require him to deUver in to the court upon "eifc'j todciiler 
 oath an exaft fchedule of all his eftate and efFecls of every kind, '"^f'^'i^i"''^ "^^ 
 and of the places where they were to be found ; and, if he refufed effiAs upon "' 
 fo to do, might commit him to prifon till he complied. And if he°^'''" 
 omitted to fet down in this fchedule any part of his effedls to the 
 amount of twenty pounds Sterling, he fliguld be liable to the 
 penalties of perjury 
 
 Further, where a man had bound himfelf to another to do a The comt 
 particular thing, and it was juft and reafonable that he fhould per- po°w r toXree 
 form fuch his covenant, nothing having fince intervened that f^^^'^^j/of", 
 rendered fuch performance cither impracticable or unreafonably wvenant. 
 burthenfome and difficult, the judge fliould have a power to award 
 that the party (hould make a fpeciHc performance of fuch covenant, 
 and might compel him to do fo, in cafe he refufed to do it, by im- 
 prifoning him till he complied. 
 
 Alfo the judge fhould have a power to award reafonable cofls to coft.. 
 cither party according to his difcretion. 
 
 It would be neceffary to have in each of thefe three courts a a ting'* Mar- 
 king's attorney to proferute for the king in all criminal cafes, and rhJihrwcourtt. 
 in all fuits concerning the king's revenue, and in all other fuits in 
 which the king's intereft is concerned. If his Majefty fhould not 
 think proper to appoint an officer in each court exprefsly for this 
 puipofe, the power of carrying on thefe feveral profecutions on the 
 behalf/of the crown might be vefted in the clerk, or regifter, of the 
 court; jufl as in the court of King's Bench in England the clerk 
 of the crown (whofe principal duty is to regifter, or enter, th« 
 pleas of the crown amongft the records of the court) is likewife 
 the king's attorney in that court, and profecutes in his Majefty's 
 behalf. But it would be more convenient, and more fuitable to the 
 honour of the crown and the dignity of the court, to have a, 
 feparatc officer for that purpofe, to be called the king's attorney 
 for that fhire or diftridt, as there was in the time of the French 
 government. 
 
 From thefe courts there (hould lie two appeals : an appeal to the Appeals from 
 governour and council of the province, and another from thence to the'hfj„v7rnmir° 
 
 I kins""''^*'"''*^"**"'' 
 
 ,v.'ii 
 
■I ,, 
 
 ". K; 
 
 frnm thence 
 to tlie KJBgSn 
 rouncil. 
 
 
 
 ■1; ■> ■ 
 
 
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 The natirre df 
 Ybeft appeals. 
 
 
 
 
 
 [ 66 ] 
 
 king in his privy council. One great ufe of the appeal to the 
 governour and council would be to preferve an uniformity in the 
 law throughout the whole province, which otherwife might 
 gradually become different in the three different fliires, or diftrid:s, 
 of it, by the difference of the decilions that might be given in 
 thefe three different courts of juftice, if they were not fubjed to be 
 revifed by fome common fuperiour ^ourt that might corredl the 
 errors that fhould be found in them. 
 
 And for the fame reafon, the decifions of thefe courts lliould not 
 be deemed to forn» precedents of fufficient authority to determine 
 any fubfequent difputesj but this authojity fhould be afcribed only 
 to ihofe cafes which had been decided by the governour and council 
 of the province upon the appeals brought before them from thefe 
 ihire-courts, or by the King himfelf in his privy council. 
 
 And to the end that the governour and council of the province 
 might not be deflitute of the advice of perfons fkilled in the laws 
 to afiifl them in the determination of the appeals that fhould be 
 brought before them, it might be expedient to make the three judges 
 of thefe courts, and perhaps alfo the three king's attornies in them, 
 members of his Majefly's council of the province j by which means 
 all the befl law-abilities in the province would be employed in 
 making thefe important decilions that were to carry with them the 
 fotce of llaw. And with this view it might be proper to require 
 the judges and the king's attornies of the courts of Three Rivers and 
 Montreal to attend the governour of Quebec for one month about 
 Chriftmas-time, in order to afTifl at the decifion of thefe appeals, 
 which fhould therefore be referved to this feafon of the year. 
 
 Thfeffe appeals fhould b« only, as they now are, of the nature 
 of writs of^ error in England, to corredl the errors in law committed 
 in the courts of thefe fhires or diflrids, and not to re-confider th6 
 fads in the caufe, unlefs they had been fettled by the judge alone 
 without the afTiftance of a jury. When the fads were fettled in that 
 manner, the parties might, if they thought fit, caufe the evidence it- 
 felf to be taken down in writing by the clerk of the coiut and figned 
 by the witnefles, that it might make a part of the record, as it does 
 upon a trial by a general court martial in England : and, upon 
 thcjemoval of this record before the governour and council, they 
 
 4 »i"Slif 
 
C «7 I 
 
 might re-confider the whole matter, the {ads as well as the kw, 
 and give fuch judgment upon it as they thought juft ; but they 
 (hould not admit any new evidence relating to it. Where the caufe 
 had been tried by a jury, the lofing party might, if he thought 
 proper, and the judge, before whom it was tried, thought it 
 reafonable, have it tried over ftgain by a fecond jury^ confifting of Afecondtriai 
 twice as many jurymen as the firft jury i and the yerdid: of this ^* °'»'»i'=J'»fr 
 fecond jury (liould be final with refpeift to the matters of fa6t 
 determined by it. 
 
 When Gafpey {hall be fettled, a fourth judge might be fent Gafper. 
 thither, whofe jurifdiftion fiiould extend over a diftridl lying 
 round about it, to be taken out of the diftri(ft of Quebec, which 
 is now immoderately large. Such an eftablifhment would be 
 of great convenience to the inhabitants of that part of the 
 province. 
 
 Thefe are the outlines of a plan for the admsniftratiori of juftice, 
 which, I conceive, would be well fuited to the circumftances of 
 this province, and would remove many of the inconveniencies of 
 which the Canadians now complain, and give them very great 
 
 i^tisfadiion. 
 
 FRANCIS MASSRES^ 
 Attorney General, 
 
 M 
 
 N. B. This plan of a method of adminiftering juftice in the- 
 province of Quebec was delivered in to Lord HillHiorough 
 about the month of April 1770. 
 
 F. MAS EJR.E S. 
 
 W 
 
 t j^ 
 
 NUMBER 
 
 
 1'% 
 
 ':t'i 
 
v-t? 
 
 4 68 ] 
 
 U ' ■ 
 
 
 
 
 
 NUMBER IV. 
 
 TN the fpring of the year 1767, his excellency Guy Carleton, 
 •* Efquire, at that time lieutenant-governour, now governour in 
 chief, of t.he province of Quebec, being juftly apprehenfive of the 
 ill confequences that might arife from a rigorous conftrudiion of 
 the feveral inftruments of government by which it was fuppofed 
 that the laws of England had been introduced into that province, 
 and more efpecially of the ordinance of the 1 7th of September 1 764, 
 by which the chief juftice of the province was dire<5led to determine 
 all matters criminal and civil thot were brought before him, ac- 
 cording to the laws of England and the ordinances of the province, 
 directed Francis Maferes, Efquire, the attorney general, to prepare 
 a draught of an ordinance for reviving or continuing the feveral 
 ancient laws of the province that had fubfifted there immediately 
 before the conqueft of it in the ye^r 1759, with refpeft to the 
 landed property of the province that m as holden under grants made 
 by the French king; who accordingly prepared the following 
 draught of fuch an ordinance, which his excellency, on account 
 of it's great extent and importance, did not think it expedient to 
 bring into the council in order to be pafled without his Majefty*s 
 previous confent and approbation, and therefore he immediately 
 tranfmitted it to the Earl of Shelburne, at that time one of his 
 Majefty's principal fecretaries of flate. This draught of an or- 
 dinance was as follows. 
 
 m 
 
 I 
 
 ji DRAUGHT of an ORDINANCE for conttnuing and 
 confirming the haws and Cujioms relating to the Tenure, Inheritance y 
 and Alienation of Lands, that were in Force in this Province in 
 the Time of the French Government. 
 
 iJrtambie. WHEREAS certain doubts have arifen and may arife, from the 
 
 extenfive words ufed in the great ordinance of this province, dated 
 the feventeenth of September in the year of our Lord one thoufand 
 feven hundred and f^xty-four, intitled, Jin Ordinance for regulating 
 and eftablijhing the Courts of 'Judicature, yujiices of the Peace, 
 garter SeJJions, Bailiffs, and other Matters relative to th: Difribution 
 ofjujlice in this Province, by which the courts of juftice eftablilhed 
 
 thereby 
 
[ 69 i 
 
 thereby in this province are di reeled to proceed in their decifions " 
 according to the laws of England and the ordinances of this pio- , 
 vince ; that in confequence thereof the rules of inheritance of lands 
 in this province, and the terms and conditions of the tenures thereof, 
 and the rights, privileges, and emoluments thence arifing, either to 
 the King or to divers of his Majelly's fubjeds that were owners of 
 land in the faid province, were in whole or in part aboliftied, and 
 the laws and cuftoms of England relating to the faid points at once 
 introduced in their ftead ; which great and fudden alteration of the 
 laws concerning thef; important fubjetfls would not only be in no 
 wife ufeful to the faid province, but, by unfettling men's ancient 
 and accullomed rights and natural expeftations founded thereon, 
 would be attended with innumerable hardlhips and inconveniencies 
 to the inhabitants thereof, and produce a general confufion : In 
 order therefore to prevent thefe evils, and to quiet the minds of the 
 inhabitants with refpedt to them, // is ordained and declared by his'":"'^^"??"'* 
 excellency the lieutenant-governour of this province, by and with 
 the advice and confent of the council of the fame, that all the laws 
 and cuftoms that prevailed in this province in the time of the French 
 government in the month of Auguft in the year of our Lord one 
 thoufand feven hundred and fifty-nine, relating to the tenures of 
 lands held either of the King, or of other lords, and to the terms 
 and conditions of fuch tenures ; and to the rights, privileges, and 
 pre-eminences annexed, or belonging, to any of the faid tenures ; 
 and to the inheritance and fucceflfion to the fame ; and to the for- 
 feiture, confifcation, re-annexation or re-uniting to the demefne of 
 the lord, efcheat, reverlion, or other devolution of the lame what- 
 foever, either to the King or any other lord ; and to the power of 
 devifing, or bequeathing, any lands by lall will and teilament; 
 and to the power of alienating the fame by the proprietors in their 
 life-time i and to the manner of making fuch alienation; and to 
 the power and manner of limiting, mortgaging, hypothecating, 
 charging, and incunibring, any lands in the faid province ; fliall 
 continue in force and vigour until they are changed in fome of thefe 
 particulars by fpecial ordinances exprefbly mentioning fuch changes, 
 and letting forth in a full and didini'l manner the laws introduced 
 in the ftcad of thofe which ihall be fo changed or abolidied. And 
 further, th'.; faid French laws and cuftoms hereby continued and 
 confirmed Ihall be deemed and taken to have continued without 
 interruption from the time of the conqueft of this country by the 
 
 Jiritilh 
 
 
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 t> 
 
m 
 
 
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 W 
 
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 C 70 1 
 
 Britilh arms to the prefent time ; any laws, cuftoms, or ufages of 
 % England, or any ordinance of this province to the contrary hereof 
 hi any wife notwitbftanding. 
 
 This ordinance fliall extend only to fuch lands as were granted 
 away by the French king before the conqueft of this country by the 
 Britilh arms, and to the grants made thereof by the faid French 
 king to his feveral grantees, and the under-grants made of divers 
 parts of the fame by the faid grantees of the French king, or their 
 heirs or affigns, or other perfons claiming under them, to inferior 
 tenants or vaflfals either before or fmce the faid conqueft, but not to 
 grants of land made by the king*8 Majefty fince the conqueft. 
 
 Given by his excellency the honourable Guy Carleton, Efquire, 
 lieutenant-govcrnour and commander in chief of the province 
 of Quebec, brigadier- general of his Majefty's forces, &c. &c. 
 in council at the caftle of St. Lewis in the city of Quebec, 
 on in the 
 
 feventh year of his Majefty's reign, and in the year gf our 
 Lord one thoufand feven hundred and fixty-feven. 
 
 By the lieutenant-governour*s command. 
 
 N. B. This is fuch an ordinance as is meant by the attorney general 
 above-mentioned in his paper above recited, intitled, H/s opinion 
 concerning the report made by Governour Carleton, where he fays, 
 page 50, that, if the meafure he had before fuggefted of making 
 a code of laws for the ufe of that province fhould not be thought 
 advifeable, he is humbly of opinion that it would be moft expedient 
 to let the Englifli law continue to be the general law of the province, 
 and to pafs an ordinance to revive thofe of the former French laws 
 which relate to the tenure, alienation, and incumbrance, of landed 
 property. 
 
 m 
 
 li * 
 
 ,l%:| 
 
 NUMBER 
 
t 71 3 
 
 NUMBER 
 
 V. 
 
 COON nfter the arrival of General Carleton as lieutenant- 
 *^ governour, William Hey, Efquire, as chief juftice, and Francis 
 Maferes, Efquire, as attorney general, of the province of Quebec, 
 in thart provincJe (which was in September 1766) Mr. Hey con- 
 ceived a defign of holding very frequent fefllons of the fupreme 
 court, or court of King's Bench (of which he was the only judge) 
 in order to render his office as ufeful as poffible to his Majefty's 
 fubjcfls in that province, and to gratify the Canadians in their delire 
 of having the proceedings of the courts of juftice carried on with 
 more expedition than had yet been ufed, and in a manner that 
 might bear fome refemblance to the diligence they had been ac- 
 cuftomed to (ee in the time of the French government, when all 
 their courts of juftice fat once a wesk. This defign General 
 Carleton highly approved, and accordingly direded the attorney 
 general to prepare a draught of an ordinance fot eftablilhing twelve 
 leflions of the fupreme court in every year, whereof ten were to be 
 holden at the town of Quebec, and the other two at the town of 
 Montreal. He accordingly prepared the following draught of an 
 ordinance for this purpofe : but (for reafons which it is not neceflary 
 to mention on this occafion) it has never been palTed. This draught 
 was as follows. 
 
 ii 
 
 
 y^ DRAUGHT of an ORDINANCE /or Regulating the 
 Times and Number of the Sejions of' the Supreme Cov/rt ofjiidicature 
 in the Proiince of Quebec. 
 
 WHEREAS it is judged expedient for the due admini ft ration of ^'"'"'^'*- 
 juftice in this province, that there ftiould be fre<|ueht feflions of 
 the fupreme court of judicature in the fame, to the end that his 
 Majefty's fubjedts in the faid province may profccute their juft 
 claims and complaints in the faid court with expedition, and obtain 
 final judgment and execution thereon Within a reafonable time, 
 and that pcrfons lalfcly accufed of capital or other great offences 
 may have a fpeedyopportunity of making their innocence appear and 
 obtaining a dilchaige from their imprifonment for the fame, and 
 thofe who are guilty be fpeedily brought to condign punilhmcnt; 
 
 his 
 
i J' ^!' i 
 
 of tlie Cuprcme 
 court (hal) !ie 
 held ill every 
 ■year, to wit ; 
 ttO at Qucoec 
 
 C 7a ] 
 
 his excellency the lieutenant-governour of this province, by and 
 with the advice and confent of his Majefty's council, in the fame, 
 doth hereby ordain and declare, that in the year next enfuiiig, to wit, 
 the year of our Lord one thoufand feven hundred and fjxty-feven, 
 iweivc f.mons and in every year then after following, there (hall be held twelve 
 ' » feffions of thcjfupreme court of judicature of the province of 
 
 Quebec before the chief juftice of the faid province, whereof ten 
 feflions rtiall be held at the town of Quebec, and the other two at 
 the town of Montreal, on the days hereafter following ; to wit, 
 at the town of Quebec on 
 
 The 2d day of January, 
 ' '", , The ift day of March^ 
 
 The iftday of April, 
 
 The 2d day of May, 
 
 The I ft day of June, 
 
 The ift day of July, 
 
 The ift dayof Auguft, 
 
 The ift day of Odober, 
 
 The 2d day of November, and 
 
 The ift day of December, 
 except when the fecond day of any of the months of January, 
 May, and November, or the firft day of any of the other months 
 before-named, fhall happen to be a Sunday or Lord's-Day ; and in 
 fuch cafes the faid feffions fliall be held on the third days of the 
 months of January, May, and November, and on the fecond days 
 of the other months before-named. 
 
 i" 
 
 1 "t 
 
 and two at And thc Other two feffions of the fupreme court of judicature 
 Montrtai. ^^^ j^^ j^gj^j ^^ ^j^g ^^^^ ^f Montreal on the firft days of the 
 
 months of February and September, except when thofe days 
 happen to be Sundays or Lord's-Days : and in thofe cafes the faid 
 feflions {hall be held on the third day of February and fecond day 
 of September. 
 
 And the faid fupreme court of judicature fhall continue to fit 
 
 day after day on every day of the week, except Sundays and the 
 
 days appointed to be obferved as feaft-days in the church of England, 
 
 until the bufinefs of the faid court {hall be finiffied, unlefs the chief 
 
 Foweref ad- juftjcc {hall think fit at any time to adjourn the faid court unto 
 
 (c(l[o"»"^ * fome further day in the fame feffion, or unto the firft day of the 
 
 next 
 
[ 73 ] 
 
 next monthly fcffion, v.hicli adjournments he Is hereby impowercd 
 to make according to his own difcretion. 
 
 Alfo it fhjll he lawful to the faid chief juilicc, whcnfoever hein'of«^'"n5'«e 
 fliall think fit fo to do, to cliange the beginning of the next eiifuingHlcnMiort-" 
 monthly felTion from the ufual day herein above-apojinted to any '"- '^'"''"'' 
 other day in the fame month, by giving public notice of fuch 
 change in tlie Quebec Gazette a fortnight before the ufual firft day 
 of the faid feffion next enfuing. 
 
 And in the faid fefllons of the fupreme court of judicature holden ^"-".'f"'!""",'* 
 at Montreal, all indidtments for oflences committed within the i'.'kJ i„ the ' 
 town and diilritt of Pvlontreal (hall be found and prefented to the ^,;;,^^^;';.;^,1';;'' 
 court, and be there determined by lawful jurors of the faid dirtrict. bceucommiucd. 
 But judgement may be given, and motions may be made in arreft 
 of judgement, and any other fteps wherein the prefeace of a jury 
 is not necellary, m ly be taken with rcfpedt to fuch indiiflments in 
 the feflions holden at Quebec. 
 
 And in all civil aflions, wherein the caufe of adlion (hall have TmU in cwu 
 arifen within the diftrict of Montreal, it fliall be lawful for the '^'°"** 
 parties to enter their declarations, pleas, and demurrers in the faid 
 fupreme court of judicature, and to take all other fteps in the faid 
 actions wheriito the prefence of a jury fliajl not be neceflary, in 
 any of the fetfions of the faid court held either at Montreal or 
 Quebec, in order to prevent unneceflary delays in the faid actions. 
 But the iflues joined in the faid adions fliall be tried only at the 
 felTions of the faid fupreme court held at Montreal by lawful jurors 
 of the dill:rid: of xMontreal, unlcfs both the parties (hall confent 
 that the faid ilfues fliall be tried at the feflions at Quebec, and fuch 
 confent be entered upon the record of the faid court; and in that 
 cafe the faid ilfues may be tried at the feiTions at Quebec by lawful 
 jurors of the dillri^rt of Quebec. 
 
 And in all inquefls to be taken at Quebec the jurors fliall be „*^'^;J;,;'''"' 
 houfekeepers of good repute of the diftrict of Quebec ; or, if they 
 are not houfekeepers, tliey fliall be perfons that are owners of 
 land to the amount of flxty French arpenxs of cleared land, or 
 upwards; or are vvortli in money, or goods, the fum of one 
 hundred pounds, or upwards, of lawful money of Great Britain ; 
 
 K and 
 
 ■*''•^ 
 
 Mr -p 
 
 ; m 
 
 ^m. 
 
 \m 
 
 ' 'i'Ui 
 
[ 74 3 
 
 S I. 
 
 
 
 and they fliall be upwards of twenty-five years old. And in all 
 inquefts to be taken at Montreal the jurors (hall in like manner 
 be hoiilckeepers of good repute of the diftridl of Montreal, or 
 
 fjcrfons poffefled of land in the faid dlftricl to the amount of at 
 eaft fixty French arpents of cleared land, or of money, or goods, to 
 the va' ic of o.ie hundred pounds, or upwards, of lawful money of 
 Great Britain, and (hall be upwards of twenty- nvv. years of age. 
 
 Oaths of jurors, ^Ifo the oatlis whicli are t;\ken !>y jurors (hall be adminiftered 
 to them in the manner ufually pradtifcd in England, by touching 
 and kilhng the holy got, els, and in no other manner whatfoever. 
 
 Returns of 
 «Triu. 
 
 And all writs and precepts direifled to any provoft-marflial, 
 deputy provoft-marfhal, flieriff, coroner, or other minifterial officer, 
 which are returnabk into die fupreme court of judicature of the 
 faid province, fhall be returned into the faid court on the firft days 
 of the faid feveral :nonthly feffions thereof. 
 
 Given by his excellency the honourable Guy Carleton, Efquire, 
 lieutenant-governour and commander in chief, &c. (as in 
 page 70.) 
 
 Remark on the Many pcople in the province were forry to fee that this 
 loregoing or 1- Qj-jjjj^jj^g (jjjj jjqj p^fg ^t the time it was propofed ; and more 
 
 have been ic^rry for it fmce, upon confidering more attentively the 
 advantages it might have produced. And it feems now to be of 
 more importance than ever that it (hould be pafled, in order to 
 make thi proceedings of the fupreme court keep pace in fome 
 meafure with thofe of the court of Common Pleas, from which 
 there lies an appeal to the fupreme court ; and which now, by an 
 ordinance made in the month of March 1770, holds a feflion 
 every week. This is advanced upon a fuppofition that his Majefty 
 {hall not think proper to adopt the plan above-mentioned in No. III. 
 page 57, for the adminiftration of juftice in tliat province, by 
 eredting three ff-parate and independent courts for the three 
 diftridts of Quebec, Three Rivers, and Montreal, with an Englirti 
 judge and a Canadian afleflbr, a clerk, or regifter, of the court, a 
 king's attorney, and a (herifF, for each diflrid. For that, I con- 
 ceive, to be by much the beft method that can be taken for that 
 .purpofe. 
 
 4 NUMBER 
 
 ' I 
 
[ 75 ] 
 
 NUMBER VI. 
 
 ARTICLES of CAPITULATION granted by 
 Sir Geoffry Amherst to the Canadians, 
 
 UPON THE 
 
 Surrender of Montreal and the whole Province of Canada 
 to the Britilli Aru: ..i September 1760. 
 
 [N. B. The articles that arc here otnitad mttrely of a temporary nature, and no 
 w;iys afFcft the prefent cu-iaitution of the province.] 
 
 
 Article IV. '~^ H E militia, after being come out of the above 
 ^ towns, forts, and polls, fhall return to their 
 homes, without being molefted, on any pretence whatfoever, on 
 account of their having carried arms. 
 
 Granted. 
 
 Article VIL The magazines, the artillery, firelocks, fabres, am- 
 munition of war, and in general every thing that belongs to his 
 mod Chriftian Majefty, as well in the towns of Montreal and 
 Trois Rivieres, as in the forts and ports mentioned in the third 
 article, fliall be delivered up, according to exadl inventories, to the 
 commiflioners "who fliall be appointed to receive the fame in the 
 name of his Britannic Majefty. Duplicates of the faid inventories 
 Ihall be given to the Marquis de Vaudrcuil. 
 
 TAis is every thing that can be ajked on this article. 
 
 Article XIL The moft convenient method that can be found 
 fliall be appointed to carry the Marquis de Vaudreuil, by the ftraiteft 
 paflage, to the fiift fea-port in France. The necefTary accommo- 
 dations fliall be made for him, the Marquis de Vaudreuil, M. de 
 Rigaud, governor of Montreal, and the fuite of this general. This 
 velfel fliall be properly vitflualled at the expence of his Britannic 
 Majefly; and the Marquis de Vaudreuil fliall take with him his 
 
 K 2 papers, 
 
 "■I:,i: 
 
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 papers, without their being examined, and his equipage, plate, 
 baggage, and alfo thofe of nis iuite. 
 
 Granted, except the archives which jhall be necejfary for the 
 government of the country^ 
 
 Article XXI. The Englifli general ftiall alfo provide fhips for 
 carrying to France the otiicers of the fupreme council, of juftice, 
 police, admiralty, and all other officers having commidlons or 
 brevets from his mod Chriftian Majefty, for them', their families, 
 fervants, and equipages, as well as for the other officers j and they 
 fhall likewife be victualled at the expence of his Britannic Majefty. 
 They ffiall, however, be at liberty to ftay in the colony, if they 
 think proper, to fettle their affairs* or to withdraw to France, 
 whenever they think fit. 
 
 Granted \ but if they have papers relating to the government of 
 the country, they are to be mlivered to us* 
 
 Article XXIV. The provifions and other kind of ftores which 
 {hall be found in the magazines of the commiffary, as well in the 
 town of Montreal and of Trois Rivieres as in the country, fhall be 
 preferved to him, the faid provifions belonging to him, and not to 
 the King, and he (hall be at liberty to fell them to the French or 
 Englifh. 
 
 Every thing that is a£tually in the magazines, dejiined for the ufe 
 of the troops, is to be delivered to the Englijh commijfary 
 for the Kin^s forces, 
 
 5:aft.ind>acom. Artlele XXV. A paffagc to France (hall likewife be granted on 
 board his Britannic Majefty's (hips, as well as victuals, to fuch 
 officers of the India Company as (hall be willing to go thither, 
 and they fliall take with them their families, fervants, and baggage. 
 The chief agent of the faid company, in cafe he fhould chufe to 
 go to France, fliall be allowed to leave fuch perfon a« he Ihall 
 think proper, till next year, to fettle the aff^airs of the faid company, 
 and to recover fuch fums as are due to them. The faid chief agent 
 fliall keep pofTeffion of all the papers belonging to the faid company, 
 and they fliall not be liable to inipedtion. x . . 
 
 I Granted. . ; i 
 
 fany. 
 
 Article 
 
plate, 
 for the 
 
 ips for 
 juftice, 
 "ions or 
 amilies« 
 nd they 
 ^ajefty. 
 if they 
 France, 
 
 ^ment of 
 
 lompany, 
 lief agent 
 lompany, 
 
 t 77 ] 
 
 Article XXVI. The faid company fhall be maintained in the 
 property of the ecarlatines and caflors, which , they may have in 
 the town of Montreal j they Ihall not be touched under any pretence 
 whatever, and the neceffary facilities fhall be given to the chief 
 agent to fend this year his cailors to France on board his Britannic 
 Majefty's ihips, paying the freight on the fame footing as the 
 En^lifli would pay it. 
 
 -Granted, 'with regard to ^hat may belong to the company, or to 
 private perfons ; but if his mojl Chrijiian Majejiy has any Jhare 
 in it, that mu/i become the property of the King. 
 
 Article XXVII. The free exercife of the Catholick, Apoftolick, Free«ercifeof 
 and Roman religion, fliall fubfift intire, in fuch manner that all IwSgton!' 
 the ftates and people of the towjis and countries, places, and diftant 
 pods, ihall continue to ailemble in the churches, and to frequent 
 the (acramcnts as heretofore, without being molefted in any manner 
 <lireftly or indiredly. 
 
 Thefe people (hall be obliged, bv the Englifli government, to J*^"*"„7Jthgf 
 pay to the priefts the tithes and all the taxes they were ufed to pay c'hurch^uei. ** 
 under the government of his moft Chriftian Majefty. 
 
 Granted, as to the free exercife of their religion. The obligation i 
 of paying the tithes to the priefis will depend on the King's 
 pleafure. ; ;: .' 
 
 Article XXVIII. The chapter, prieds, curates, and miflionaries 
 ihall continue with an intire liberty their exercife and fun(5tions of 
 their cures in the pariflies of the towns and countries* 
 
 Granted. , , ... i . . 
 
 Article XXIX, The grand vicars, named by the chapter to 
 adminifter to the diocefe during the vacancy of the epifcopal fee, 
 (hall have liberty to dwell in the towns or country parifhes, as they 
 ihall think proper. They fliall at all times be free to vifit the Power of ti>e 
 different pariflies of the diocefe, with the ordinary ceremonies, and |^e"c1feecc7efi- 
 cxercife all the jurifdidiion they exercifed under the French ^^^.^'J""'^* 
 dominion. They fliall enjoy the fame rights in cafe of death of 
 the future bifliop, of which mention will be made in the following 
 article. - " ; ^ ; • . 
 
 '^1 
 
 yi 
 
 Mi 
 
 Granted, except what regards the following article. 
 
 Aiticle 
 
li '! 
 
 * 
 
 - 1> 
 
 Non,inati''!i of 
 tlie flit lire 
 btlhops. 
 
 I 
 
 Their 
 
 power. 
 
 Commuuities of 
 
 Nuus. 
 
 Jefuits, Recollet 
 Monks, and 
 f ricfts of Saint 
 Sulpicius. 
 
 [ 78 ] 
 
 Article XXX. If by the treaty of peace Canada (hould remain in 
 the power of his Britannic Majefty, his moft Chriftian Majefty 
 fliall continue to name the bifliop c^ the colony, who fhall always 
 be cf the Roman communion, and under whofc authority the 
 people {hall exefcife the Roman religion. • 
 
 Refufed. " • -. 
 
 Article XXXI. The bifhop fhall, in cafe of need> eftablifli new 
 parifbes, and provide for the re-building of his cathedral and his 
 cpifcopal palace j and, in the mean time, he fhall have the liberty 
 to dwell in the town or pariflies, as he fliall judge proper. He 
 fliall be at liberty to vifit his diocefe with the ordinary ceremonies, 
 and exercife all the Jurifdid^ion which his predecefTor exercifed under 
 *he French dominion, fave that an oath of fidelity, or a promife to 
 do nothing contrary to his Britannic Majefly's fervice, may be 
 
 required of him. •'''■• - ' ' '" '' ' 
 
 ... . ' . '■ '•'■* "• ' '■'*• ' 
 
 This article is comprifed under the foreg(^ng, > ' 
 
 Article XXXII. The communities of Nuns fhall be preferved in 
 their conflitution and privileges. They fhall continue to obferve 
 their rules. They fhall be exempted from lodging any military ; 
 and it fhall be forbid to trouble them in their religious exercifes, or 
 to enter their monafleries : fafeguards fhall even be given them, if 
 they defire them. 
 
 Granted, ' / , - 
 
 ; ( i : ■■ ■ ' ■ ' • ■ ..(...,■ 
 
 Article XXXIII. The preceding article fliall likewife be executed 
 
 with regard to the communities of Jefuits and Recollets, and of the 
 
 hr>ufe of the pricfls of Saint Sulpice at Montreal. Thefe lafl and 
 
 fefuits fliall preferve their right to nominate to certain curacies 
 
 w- i mifTions as heretofore. 
 
 ■ '' Refufedi till the Kings pleafure be known. i. .,, 
 
 Property of the 
 religious com- 
 Qiunities and 
 the prieiks. 
 
 u 
 
 Article XXXIV. All the communities, and all the priefls, fhall 
 preferve their moveables, the property and revenues of the 
 feigniories, and other eflates which they poflefs in the colony, of 
 what nature foever they may be. And the fame eflates fhall be 
 preferved in their privileges, rights, honours, and exemptions. 
 
 Granted. 
 
 Article 
 
lain in 
 lajefty 
 always 
 ,ty the 
 
 ifli new 
 md his 
 liberty 
 :r. He 
 monieSf 
 id under 
 jmife to 
 may be 
 
 fcrved in 
 » obferve 
 nilitary ; 
 cifes, or 
 tKem, if 
 
 executed 
 
 id of the 
 
 laft and 
 
 curacies 
 
 ts, (hall 
 
 of the 
 
 j)lony, of 
 
 (hall be 
 
 Ions. 
 
 [ 79 3 
 
 Article XXXV. If the canons, priefts, miflionaries, the P^^^s Jj^5«>«'7 to «»^ 
 of the ceremony of the foreign miilions, and of Saint Sulpice, as monksVgo » 
 well as the Jefuits and the Recollets, cbufe to go to France, paflage ^""" ' 
 /hall be graated them in his Britannic Majefty's (hips j and they and to feU their 
 (hall all have leave to fell, in whole, or in part, the eftates and ***""' 
 moveables which they poflefs in the colonies, either to the French 
 or to the Englifli, without the leaft hindrance or obftacle from the 
 Britidi government. 
 
 They may take with them, or fend to France, the produce, of 
 what nature foever it be, of the faid goods fold, paying the freight, 
 as mentioned in the 26th article. And fuch of the faid priefts 
 who chufe to go this year (hall be vidtualled during the paffage at 
 the expence of his Britannic Majefty, and (hall take with them 
 their baggage. - '• • * 
 
 T!hey Jhall be mafiers to dijpofe of their eftates and to fend the 
 produce thereof as well as their perfons and 4^1 that belongs to 
 ' '' them, to France, 
 
 Article XXXVI. If by the treaty of pv'ace Canada remains to 
 /his Britannic Majefty, all the French, Canadians, Accadians, mer- 
 chants, and other perfons who chufe to retire to France, fhall have 
 leave to do fo from the Englifli general, who fliall procure them a 
 pafTage. And never thelef^, if, rtom this time to that decifion, any 
 French or Canadian merchants, or other perfons, fliall defire to g) 
 to France, they fliall likewife have leave from the Englifli general. 
 Both the one and the other fliall take with them their families, 
 fervants, and baggage. 
 
 Granted. 
 
 ■ ■ ' ! . ; ^ '- - . . ' ■ ^ 
 
 Article XXXVII. The lords of manors, the military and civil Property of the 
 officers, the Canadians, as well in the town as in the country, the '*'"y°^cana4a. 
 French fettled or trading in the whole extent of the colony of 
 Canada,^ and all other perfons whatfoever, fliall preferve the intire 
 peaceable property and pofleflion of their goods, noble and ignoble, 
 moveable and immoveable, merchandizes, furs, and other efFcdls, 
 even their fliips : they fliall not be touched, nor the leaft damage 
 done to them, on any pretence whatfoever. They fliall have liberty 
 to keep, let, or fell them, as well to the French as to the Englifli, 
 to take away the produce of them in bills of exchange, furs, fpecie, 
 or other returns, whenever they fliall judge proper to go to France, 
 
 paying 
 
 '« 
 
 11 
 
 Article 
 
■ . 
 
 h 
 
 • t 
 
 il ! 1 
 
 ii 
 
 [ ^^ ] 
 
 ;'-♦• paying the freight, as in the 26th article. They fliall alfo have 
 { the furs which are in the ports above, and which belong to them» 
 
 and may be on the way to Montreal : and for this purpofe they (hall 
 ■upM.i- have leave to fend this year, or the next, canoes, fitted out, to 
 
 fetch fuch of the faid furs as (hall have remained in thofe parts» 
 
 Grantedt as in the ztth article^ ' ' 
 
 '"■Stl. I ^f-' 
 
 TheAccadians. Articlc XXXVIII. All thc people who have left Accadia, and 
 who (hall be found in Canada, including the frontiers of Canada on 
 the lide of Accadia, (hall have the fame treatment as the Canadians, 
 and (hall ciijoy the fame privileges. 
 
 'the King is to difpofe cf bis ancient fubjeSis i in the mean time 
 they Jhali enjoy the fame privilege as the Canadians. 
 
 ti- 
 
 ll 
 
 V. \ 
 
 tl 1 
 
 1 
 
 1 
 
 1 1 
 
 ( 
 
 1 :H 
 
 i 
 
 1 
 
 ft 
 
 i 
 
 
 
 j 
 
 , 
 
 1 1 
 
 J 
 
 1 
 
 J 
 
 f 
 
 Article XXXIX. None of the Canadians, Accadians, or French,, 
 who are now in Canada, and on the frontiers of the colony on the 
 fide of Accadia, Detroit, Michilimakinac, and other places and 
 ports of the countries above,^ the married and unmarried foldiers 
 remaining in Canada,, fliall be carried or tranfported into the Englifli 
 colonies, or to Old England, and they (hall not be troubled for 
 having carried arms. ^ ^ 
 
 Qranted, except -with regard to the Canadians* i 1 
 
 The Indians }n Articlc XL. Thc favagcs, or Indian allies of his moft Chriftian 
 
 frcMh. ' Majerty, (hall, be maintained in the lands they inhabit, if they 
 
 chufe to remain there : they (hall not be molerted on any pretence 
 
 whatfoever for having carried arms, and ferved his moft Chriftian 
 
 Majerty. They (hall have, as well as the French, liberty of 
 
 religion, and fliall keep their mi(Eonaries. The aftual vicars- 
 
 ?^'. general, and the bJ(hop, when the epifcopal fee (hall be filled, 
 
 Hiall have leave to fend them new mirtionaries when they fhaU 
 
 . judge it nece(lary. 
 
 Granted, except the la/h article-, which has been already refufed. 
 
 Article XLI. The French, Canadians, and Accadians, of what 
 rtate or condition foever, who (hall remain in the colony, (hall not 
 t)<; forced to take arms againft his mort Chriftian Majerty or his 
 
 alUesA 
 
Continu ini'f of 
 lUcfmidiKfAj, 
 
 [ 8i ] 
 
 allies, diredly or indlredtly, on any occafion wh^tfoever. The Brhlfli 
 government (hall only require of them an exait neutrality. 
 
 They become fubjeSfs of the King. . 
 
 Article XLII. The French and Canadians (hall continue to be 
 governed according to the cuftom of Paris, and the laws and 
 u(ages eftabli(hed for this country ; and they (hall not be fubjeft 
 to any other imports than thofe which were eftabli(hed under the 
 French dominion. 
 
 ^nfwered by the preceding artickst and particularly by the 
 loft. 
 
 Article XLIIL The papers of the government (liall remain pi|v,s of tie 
 without exception in the power of the Marquis de Vaudreuil, and £"'""'"«"'• 
 (hall go to France with him. Thefe papers (hall not be examined 
 on any pretence whatfoever. 
 
 Granted^ with the referve already made. 
 
 Article XLIV. The papers of the intendancy, of tlie office ofpapersof the 
 comptroller of the mariie, of the ancient and new treafurers of j,'^j"''jJ5j*j„,^jj, 
 the King's magazines, of the office of the revenues and forges of p"^''c p»pe»s. 
 St. Maurice, (liall remain in the power of M. Bigot, the intendant, 
 and they (hall be embarked for France in the fame ve(rel with him. . 
 Thefe papers (hall not be examined. 
 
 the fame as to this article. 
 
 Article XLV. The regifters and other papers of the fupremcTheregifteisof 
 council of Quebec ; of the provoft, and admiralty of the faid city j rounciroTque. 
 thofe of the royal jurifdidions of Trois Rivieres and of Montreal j ^j'J^/^"^'I,°/JJj!= 
 thofe of^the feigneurial jurifdidions of the colony; the minutes j"*^'" ■" i^e 
 of the adts of the notaries of the towns and of the countries ; and, ^"'*'""" 
 in general, the a(fts and other papers that may ferve to prove the 
 eftates and fortunes of the citizens, (hall remain in the colony, in 
 the rolls of the jurifdi^lions on which thefe papers depend. 
 
 Granted. 
 
 L Article 
 
 K r > 
 
 i^ii^i 
 
[ 8^ ] 
 
 Sin'^^n'^the Artlclc XLVI. TIic inhabitants and merchants fliall enjoy all 
 f.ine manner as thc privilcgcs of tfadc, undcf the fame favours and conditions granted 
 Britifll'fuiVa?. to the fubjeds of his Britannic Majefty, as well in the countries 
 above as in thc interior of the colony. 
 
 Grant 
 
 ; 
 
 Sthy» Article XLVII. The negroes and Panis of both fexes fliall 
 
 remain, in their quality of flaves, in the poffeflion of the French 
 and Canadians to whom they belong: they Ihall be at liberty 
 to keep them in their fervice in the colony, or to fell them; 
 and they may alfo continue to bring them up in the Roman 
 religion. 
 
 Grant edi except tbofe who Jhall have been made frifonerst 
 
 ... .1. 
 
 Liberty to all Articlc XLVIII. Tiiij Marouis de Vaudreuil, the general and 
 
 point attornies ftafF officcrs of the land forces, the governours and ftaff officers of 
 
 IheifaSj"^ the different places of the colony, the military and civil officers, 
 
 and all other perfons who fliall leave the colony, or who are 
 
 already abfcnt, fliall have leave to name and appoint attornies to 
 
 a6t for them, and in their name, in the adminiftration of their 
 
 efFefts, moveable and immoveable, until the peace. And if, by 
 
 the treaty between the two crowns, Canada does not return under 
 
 the French dominion, thefe officers or other perfons, or attornies 
 
 •nd to fell their for them, fliall have leave to fell their manors, houfes, and other 
 
 S"<ffh^'*''eftates, their moveables and efFeAs, &c. to carry away or fend to 
 
 f'iia! " °" France the produce, either in bills of exchange, fpecie, furs, or 
 
 other returns, as is mentioned in the 37th article. 
 
 Granted, . ^ 
 
 ;■■ , * 
 
 S^hari'bSn Article XLIX. Thc inhabitanis and other perfons who fliall 
 aamaged con- havc fufFercd any damage in their goods, moveable or immoveable, 
 piwfat?onofth<j which remainea at Quebec, under the faith of the capitulation of 
 3ihlv?fufticethat city, may make their reprefentation to the Britifli govern- 
 SinuriM*^ ment, who fliall rcnd-r them due juftice againft theper£?n to whom 
 
 njunes. .^ ^^ belong. 
 
 Granted, 
 
 Article 
 
 r» 
 
C 83 1 
 
 Article L. and laft. Vhe prefent capitulation (hall be inviolably 
 executed in all its articles, and bond jide on both fides, notwith- 
 (landing any infraction, and any other pretence with regard to the 
 preceding capitulations, and without making ufe of repriials. 
 
 Qrantidm 
 
 l!. ' 
 
 «•: ; J.:.i '• 
 
 
 - • ' - . • I • i ! , ; .1 
 
 ■■■- 'y. - ■'• ."■5' . . ■ •' ■ 
 
 'I I 
 
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 NUMBER 
 
[ 84 ] 
 
 
 ' '•< 
 
 - -•'-.,-, • 
 
 __* ^ 
 
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 • 
 
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 M 
 
 B 
 
 E 
 
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 VII. 
 
 1«. . : -. ' ' ■ 
 
 
 ' ' • 
 
 ■'. ■ ■ 
 
 ? ■ 
 
 : ;;»: 
 
 1 • - 
 
 The FOURTH ARTICLE of the DEFINITIVE 
 TREATY of PEACE, ' 
 
 CONCLUDED 
 
 Between the KINGS of GREAT BRITAIN and FRANCE, 
 on the loth Day of February, in the Year 1763, 
 
 CONTAINING 
 
 The Ceflion of Cimada to the Crown of Great Britain. 
 
 cciTionofNov. TT I S moft Chriftian Majefty renounces all pretenfions which he 
 
 Scotia, or Acta- £\ j^^^ heretofofc formed, or might form, to Nova Scotia, or 
 
 Accadia, in all it's parts, and guarantees the whole of it, and all 
 
 it's dependencies, to the King of Great Britain. 
 
 Ceflion of cana- Moreover, his moft Chriftian Majefty cedes and guarantees to 
 
 BKtoD. and the his faid Britannic Majefty, in full right, Canada, with all it's 
 
 cAn"he dependencies, as well as the ifland o? Cape Breton, and all the other 
 
 ofstSttr'"^" iflands and coafts in the Gulf and River of Saint Lawrence, and, in 
 
 "'"^""'general, everything that depends on the faid countries, lands, iflands, 
 
 and coafts, with the foverei^nty, properhr* pofteflion, and all rights 
 
 acquired by treaty or otherwife, which the moft Chriftian King and 
 
 the crown of France have had, till now, over the faid countries, 
 
 iflands, lands, places, coafts, and their inhabitants, fo that the 
 
 moft Chriftian King cedes and makes over the whole to the faid 
 
 King, and to the crown of Great Britain, and that in the moft 
 
 ample manner and form, without reftridtion, and without any 
 
 liberty to depart from the faid guaranty, under any pretence, or 
 
 to difturb Great Britain in the pofleflions above-mentioned. 
 
 Shgi! **^ '^' ^^^ Britannic Majefty, on his fide, agrees to grant the liberty of 
 ligion To7he the Catholic religion to the inhabitants of Canada : he will con- 
 canadians. fequently give the moft eflfedlual orders, that his new Roman 
 Catholic fubjedts may profefs the worftiip of their religion, according 
 
 ^ to 
 
 .'t 
 
 
[ 85 ] 
 
 TlVE 
 
 RANGE, 
 
 Britain. 
 
 to the rites of the Romifti church, as far as the laws of Great 
 Britain permit. 
 
 His Britannic Majefly further agrees, that the French in- Liberty to the 
 habitants, or others, who had been the fubjedts of the moftA>bj"c£iomiK 
 Chriftian King in Canada, may retire with all fafety and freedom SiS^*«e« 
 wherever they fliall think proper, and may fell their eftates, pro- of eidite^' 
 vided it be to lubjedts of his Britannic Niajefty, and bring away*"^** '* 
 their effetfts, as well as their perfons, without being reftrained in 
 their emigration, under any pretence whatlbever, except that of 
 debts, or of criminal profecutions ; the term limited for this 
 emigration (hall be fixed to the fpace of eighteen months, to be 
 computed from the day of the exchange of the ratification of the 
 prefent treaty. 
 
 which he 
 Scotia, or 
 it, and all 
 
 uarantees to 
 rith all it's 
 11 the other 
 ice, and, ia 
 ids, iflands, 
 id all rights 
 in King and 
 I countries, 
 fo that the 
 
 to the faid 
 the moft 
 
 rithout any 
 
 iretence, or 
 
 led. 
 
 jie liberty of 
 le will con- 
 lew Ronaan 
 In, according 
 ■ to 
 
 I) 
 
 i>^ 
 
 
 NU M B ER 
 
1^ 
 
 [ 86 ] 
 
 NUMBER VIII. 
 
 BY THE KING. 
 
 A PROCLAMATION. 
 
 G E O R G E R. 
 
 WHEREAS we have taken into our royal confideration the 
 extenlive and valuable acquifitions in America, fecured to our 
 crown by the late definitive treaty of peace concluded at Paris the 
 tenth day of February lad ; and being defirous that all our loving 
 fubje<5ls, as well of cur kingdoms as of our colonies in America, 
 may avail themfelves, with all convenient fpeed, of the great 
 benefits and advantages which muft accrue therefrom to their 
 commerce, manufadtures, and navigation, we have thought fit, 
 with the advice of our privy council, to ifiue this our royal 
 proclamation, hereby to publifh and declare to all our loving 
 fubje<Sts, that we have, with the advice of our faid privy council* 
 granted our letters patent under our great feal of Great Britain, to 
 eredt within the countries and iflands ceded and confirmed to us by 
 the faid treaty, four diftinA and feparate governments, fliled and 
 called by the names of Quebec, £a(l Florida, Weft Florida, and 
 Grenada, and limited and bounded as follows, viz. 
 
 Government of Firft, The govcmnient of Quebec, bounded on the Labrador 
 *^'''"' coaft by the river St. John, and from thence by a line drawn from 
 the head of that river, through the lake St. John, to the fouth 
 end of the lake Nipiflim $ from whence the faid line, croffing the 
 river St. Lawrence and the lake Champlain in forty-five degrees of 
 north latitude, pafies along the high lands, which divide the 
 rivers that empty themfelves into the faid river St. Lawrence from 
 thofe which fall into the fea -, and alfo along the north coaft of the 
 Baye des Chaleurs, and the coaft of the gulf of St. Lawrence to 
 Cape Rofieres, and from thence crofling the mouth of the river 
 St. Lawrence by the weft end of the iiland of Anticofti, terminates 
 at the aforefaid river St. John. 
 
 Secondly, 
 
[ 87 3 
 
 Secondly, The government of Eaft Florida, bounded to the weft- onvemment of 
 ward by the gulf of Mexico and the Apalachicola river j to the ^^ "'"**' 
 northward, by a line drawn fronx that part of the faid river where 
 the Catahouchee and Flint rivers meet, to the fource of St. Mary's 
 river, and by the courfe of the faid river to the Atlantic Ocean ; 
 and to the eaft and fouth by the Atlantic Ocean and the gulf of 
 Florida, including all the illands within fix leagues of the fea- 
 coaft. 
 
 Thirdly, The government of Weft Florida, bounded to the fouth- weft Florid*. 
 ward by the gulf of Mexico, including all iflands within fix leagues 
 of the coaft from the river Apalachicola to lake Pontchartrain ; to 
 the weftward by the faid lake, the lake Maurepas, and the river 
 Miftidppy j to the northward, by a line drawn eaft from that part 
 of the river Miilifippy which lies in thirty-one degrees of north 
 latitude, to the river Apalachicola, or Catahouchee; and to the 
 caftward by the faid river. 
 
 Fourthly, The government of Grenada, comprehending theGfen»J». 
 ifland of that name, together with the Grenadines, and the iflands 
 of Dominica, St. Vincent, and Tobago. 
 
 And to the end that the open and free fifhery of our fubjeds Enlargement of 
 may be extended to, and carried on upon, the coaft of Labrador oT^ll'tow^^ 
 and the adjacent iflands, we have thoue;ht fit, with the advice of '*"''■ 
 our faid privy council, to put all that coaft, from the river 
 St. John's to Hudfon's Streights, together with the iflands of 
 Anticofti and Madelaine, and all fmaller iflands lying upon the 
 faid coaft, under the care and infpection of our governour of New- 
 foundland. 
 
 We have alfo, with the advice of our privy council, thought Enlargement of 
 fit to annex the iflands of St. John and Cape Breton, or WeRoyale, o^NovrSS 
 with the lefter iflands adjacent thereto, to our government of 
 Nova Scotia. 
 
 We have alfo, with the advice of our privy council aforefaid. Enlargement of 
 annexed to our province of Georgia all the lands lying between the ^'*"^" 
 rivers Attamaha and St. Mary's. 
 
 ■ sii 
 
 m 
 
 m 
 
 Wi 
 
 And 
 

 I I 
 
 ti 
 
 it> 
 
 Power to the 
 pnvernoiirsof 
 tlic new govern- 
 ments to fum- 
 mon general af- 
 fcDiblics. 
 
 [ 88 ] 
 
 And whereas it will greatly contribute to the fpeedy fettling our 
 faid new governments, that our loving fubjefts (hould be informed 
 of our paternal care for the fecurity of the liberty and properties of 
 thofe who are and fhall become inhabitants thereof; we have 
 thought fit to publifli and declare, by this our proclamation, that 
 we have, in the letters patent under our great feal of Great Britain, 
 by which the faid governments are conftituted, given exprcfs power 
 and diredion to ourgovernours of our faid colonies refpedtively, that 
 fo foon as the ftate and circumftance of the faid colonies will admit 
 thereof, th^y fhall, with the advice and confent of the members 
 of our council, fummon and call general affemblies within the 
 faid governments refpedtively, in fuch manner and form as is ufed 
 and directed in thofe colonies and provinces in America which are 
 Power to make under our immediate government j and we have alfo given power to 
 lonfeltt'of'furh the faid governours, with the confent of our faid council, and the 
 ajrembiies. rcprefentativcs of the people, fo to be fummoned as aforefaid, to 
 make, conflitate, and ordain laws, ftatutes, and ordinances for the 
 public peace, welfare, and good government of our faid colonies, 
 and of the people and inhabitants thereof, as near as may be, agree- 
 able to the laws of England, and under fuch regulations and 
 The laws of leftridlions as are ufed in other colonies j and in the mean time-, and 
 obfwvedKh^^'^^^^y^^'^ affemblies can be called as aforcjaidy all perfons inhabiting in, 
 or reforting to^ our faid colonies .^ may confide in our royal proteSiion 
 for the enjoyment of the benefit of the laws of our realm of England i 
 for which purpofe we have given power under our great feal to the 
 governours of ourfaiJ colonies refpeSiivelyt to eredi and confiitute, with 
 the advice of our faid councils refpe^ively, courts of judicature and 
 public jufiice within our faid colonies^ for the hearing and determining 
 all caufes, as well criminal as civil, according to law and equity ^ and, 
 AS near as may be, agreeable to the laws of England, with liberty to 
 all perfons who may think themfehes aggrieved by the fentence of fucb 
 courts, in all civil cafes, to appeal, under the ufual limitations and 
 reftriSlions, to us in our privy council, 
 
 i 
 
 We have alfo thought fit, with the advice of our privy council 
 as aforefaid, to give unto the governours and councils of our faid 
 three new colonies upon the continent full power and authority to 
 fettle and agree with the inhabitants of our faid new colonies, or 
 any other perfon who {liall refort thereto, for fuch lands, tene- 
 ments, and hereditaments as are now, or hereafter {hall be, in our 
 jl power 
 
 mean time 
 
 Tower to grant 
 hods. 
 
 t ; 
 
[ 89 ] 
 
 Lauds to lie 
 giantej to re- 
 duced ofliceri 
 aad foldicr«. 
 
 ■power to difpofe of, and them to grant to any fuch pcrfon or perfons, 
 upon fuch terms and under fuch moderate quit-rents, fervices, and 
 acknowledgements as have been appointed and fettled in other 
 colonies, and under fuch other conditions as fhall appear to us to 
 be neceflary and expedient for the advantage of the grantees, and 
 the improvement and fettlement of our faid colonics. 
 
 And whereas we are deiirous, upon all occafions, to teftify our 
 royal fenfe and approbation of the condud: and bravery of the 
 officers and foldiers of our armies, and to reward the fame, we do 
 hereby command and impower our governours of our faid three 
 new colonies, and other our governours of our feveral provinces on 
 the continent of North America, to grant, without fee or reward, 
 to fuch reduced officers and foldiers as have ferved in North America ' 
 during the late war, and are aftnally refiding there, and (hall perfonally 
 apply for the fame, the following quantities of land, fubjeft at 
 the expiration of ten years, to the fame quit-rents as other lands 
 are fubjed: to in the province within which they are granted, as 
 alfo fubjed to the fame conditions of cultivation and improve- 
 ment, viz. 
 
 To every perfbn having the rank of a field officer, 5000 acres. 
 
 To every captain, 3000 acres. 
 
 To every fubaltern or flafF officer, 2000 acres. 
 
 To every non-commiffioned officer, 200 acres* 
 
 To every private man, 50 acres. 
 
 We do Ukewife authorize and require the governours and com- Ana likewia- 1« 
 manders in chief of all our faid colonies upon the continent of^ouu^^"^' 
 North America to grant the like quantities of land, and upon the 
 fame conditions, to fuch reduced officers of our navy of like 
 rank as ferved on board our fhips of war in North America at the 
 times of the reduction of Louilbourg and Quebec in the late war, 
 and who(|iall perfonally apply to our refpedive governours for fuch 
 grants* . 
 
 And whereas it is jud and reafbnable, and effential to our 
 intereft, and the fecurity of our colonies, that the feveral nations 
 or tribes of Indians, with whom we are connected, and who live 
 under our protection, ffiould not be molefled or didurbed in the 
 poiTeffion of fuch parts of our dominions and territories as, not 
 , . M having 
 
 ; navy. 
 
BP?""****!!*— ? 
 
 ^y^t^^^jc^^P ^y . 
 
 [ 90 ] 
 
 having been ceded to^us, are referved to them, nr any ' them, a» 
 ftdi^make""" *^^'*^ Hunting grounds i we do therefore, with the i* ^ce of our 
 grantsTtfands privy councii, declare it to be our royal will and pleafure, that no 
 been 'cede "or govcmour or commander in chief in any of our colonies of Quebec, 
 iT'iht jiijk "^ Eaft Florida, or Weft Florida, do prefume, upon any pretence 
 ' whatever, to grant warrants of furvey, or pafs any patents, for lands 
 beyond the bounds of their refpedlive governments, as defcribed in 
 
 . their commiffions ; as alfo that no governour or commander in chief 
 
 ^ O/^t^/^ of our other colonies or plantations in America do prefume, for the 
 / prefent, and until our further pleafure be known, to grant warrants 
 of furvey, or pafs patents, for any lands beyond the heads or fources of 
 any of the rivers which fall into the Atlantic Ocean from the weft or 
 north-weft, or upon any lands whatever, w|uch, not having been 
 ceded to or purchafed by us as aforefaid, are referved to the faid 
 Indians, or any of them. * 
 
 All thelandk not 
 included in the 
 new govern- 
 ments Ihall be 
 referved for the 
 ufe of the In- 
 diant. 
 
 All perfons 
 fettled on the 
 grounds re- 
 ferved for the 
 Indians art re- 
 quired to retire 
 from fuch fet- 
 tlcmentii. 
 
 And we do further declare it to be our royal will and pleafure, 
 for the prefent, as aforefaid, to referve under our fovereignty, pro- 
 tedion, and dominion, for the ufe of the faid Indians, all the land 
 and territories not included within the limits of our fajd three new 
 governments, or within the limits of the territory grafted tp . the 
 Hudfon's Bay Company; as alfo all the land and territories lying 
 to the weftward of the Sources, of the rivers which fall into the 
 fea from the weft and north- weft as ai brefaid ; and we, do , hereby 
 ftridtly forbid, on pain of our difpleafure, all our loving fubjeds 
 frdm making any purchafes pr fettlements whatfoever,. or taking 
 pofteffion of any of the lands above referved, without our efpecial 
 leave and licence for that purpofe firft obtained.. 
 
 i . 1 1 '. ■ 
 
 i i!' 
 
 And we do further AnQUy enjoin and. rec^uire all petfons what- 
 foever, who hav€' either wilfully or inadvertently feated thcmfelves 
 upon any lands Within the countries above' defcribed, ojt upon any 
 other lands which, not having been ceded to or purchafed by us, 
 are ftill referved to the faid Indians as aforeiaid, forthwith to remove 
 themfelves from fuch fettlements. 
 
 i IS 
 
 And whereas great frauds and abufcs have been committed in 
 the jJurchafing lands of the Indians, to the great prejudice of ouri 
 interefts, and to the great diAatisfadlion ' of the faid Indians ; in 
 order therefore to prevent fuch irregularities for the future, and 
 
 to 
 
 ■«. 
 
t 9» ] 
 
 to the end that the Indians may be convinced of our juftice and 
 deteVmined'rerblution to remove all reafonable- caufe iOf difcontent, 
 We do, 'with the advice of - oar privy- council, tftridly eujoin and 
 require, that ho private perfort do ptefume to make any; purchafeNoprivat* per. 
 from the faid Indians of any lands referved .to the iaid .Indians Saif"""" 
 vtrithin thofe parts of our colonies where we have thought proper °* 
 to allow fettlemcnt J but if at any time any of the faid Indians 
 fhould be inclined to difpofe of the faid lands, the fame (hall be 
 purchafed only for us, in our name, "ilj^ fome public meeting or "' 
 affembly of the faid Indians, to be held for. that purpofe by the 
 governour or commander in chief of our colonf^refpedively within 
 which they fhall' li e; and in cafe the y (hall he within the limits 
 of any proprietar^lli confoFmable^~To^ fudi — dtrettions and in- 
 
 fon Ihall pur- 
 any land* 
 the Indians. 
 
 y/^'^^t/Ui^^^ V/ 
 
 
 o>~-i 
 
 l^ty^^ 
 
 ftrudlions as we or they (hall think proper to give for that purpofe. ^^' t^^u^ ^ aM„.ue.^ 
 And we do, by the advice of our privy council, declare and [^ inT''" m ti A'-^O^^^^^S^^i*- 
 enjoin, that the trade with the faid Indians (hall be free and .efr « to"aii the / 
 
 open to all our fubjedts whatever; provided that every perfon whor"^* ^"•'J'**'* 
 may incline to trade with the faid Indians do take out a licence 
 for carrying on fuch trade from the governour or commander in 
 chief of any of our colonies refpeftively where fuch perfon (hall 
 refide, and alfo give fecurity to obferve fuch regulations as we 
 (hall at any time think fit, by ourfelves ory^ommiiTaries to be 
 appointed for this purpofe, t04.dire£t and appomt for the benefit 
 of the faid trade : and we do hereby authorize, enjoin, and re- 
 quire the governours and commanders in chief of all our colonies 
 refpedlively, as well thofe under our immediate government, as 
 thofe under the government and diredion of proprietarie^^o grant 
 fuch licences without fee or reward, taking efpecial car^o infert 
 therein a condition that fuch licence (hall be void, and the fecurity 
 forfeited, in cafe the perfon to whom the fame is granted (hall 
 refufe or negled to obferve fuch regulations as we (hall think proper 
 to prefcribe as aforefaid 
 
 And we do further exprefsly enjoin and require all ofHcers ['°;^^'jj'°,^'^||^-j 
 whatever, as well military as thofe employed in the management others to fdzc, 
 and dire*aion of the Indian affairs within the territories referved, Z-iit^^ gu'uij, 
 as aforefaid, for the ufe of the faid Indians, to feize and apprehend fly'^oi^'jufti",, 
 all perfons whatever, who (landing charged with trcafon, inif- '"'» ''»= i"Ji»n 
 prifion of treafon, murder, or other felonies or mifdemeanors, '^' 
 
 Ma (hall 
 
' 
 
 (! '> 
 
 *^ 
 
 I' ' 
 
 11. > 
 
 hi 
 i! ill' 
 
 C 9* ] 
 
 fhall Ry from juftice and take refuge in the fald territory, and to 
 fend them under a proper guard to the colony where the crime was 
 committed of which they fhall ftand accufed, in order to take 
 their trial for the fame» 
 
 Given at our court at St. James's, the 7th day of 0<S):ober 1763, 
 in the third year of our reign. # 
 
 GOD Save the KING. 
 
 NUMBER 
 
[ 93 ] 
 
 , and to 
 
 rime was 
 
 to take 
 
 ber 1763, 
 
 NUMBER 
 
 IX. 
 
 MBER 
 
 Commission of Captain General and Governour in. 
 Chief of the Province of Qu e b e c. 
 
 G. R. 
 
 GEORGE the THIRD y by the Grace of God, of Great Britain, 
 Francey and Ireland, King^ Defender of the Faith, and fo 
 forth, to our trujiy and we/I-ie/oved ] ames Murray, Efquire, 
 Greeting: 
 
 WE, rcpofing efpecial truft and confidence in the prudence, comminion to 
 courage, and loyalty of you, the faid James Murray, of ourr^amigovfr-"" 
 efpecial grace, certain knowledge, and mere motion, have thought "°"'' '"•:''''- °f 
 
 /. * °/i • 1 • 111/* r 1 n • ° 1 ''" province. 
 
 fit to conftitute and appomt, and by thele prelents do conltitute and 
 appoint, you, the faid James Murray, to be our Captain General and 
 Governour in Chief in and over our province of Quebec in America j 
 
 Bounded on the Labrador Coaft by the river St. John j and from Eounaari« of 
 thence by a line drawn from the head of that river through the '*"' p""""'^''' 
 lake St. John to the fouth end of the lake Nipiffim, from whence 
 the faid line croffing the river St« Lavrrence and the lake Champlain, 
 in forty-five degrees of northern latitude, pafles along the high 
 lands which divide the rivers that empty themfelves into the faid 
 river St. Lawrence from thofe will ich fall into the feaj and alfo 
 along the north coaft of the Baye des Chaleurs and the coaft of the 
 gulf of St. Lawrence to Cape Rofieres j and from thence croffing 
 the mouth of the river St. Lawrence by the weft end of the ifland 
 of Ahticofti, terminates at the aforefaid river St. John : 
 
 Together with all the rights, members, and appurtenances what- 
 foever thereunto belonging. 
 
 And we do hereby require and command you to do and execute is w^aa^frord- 
 all things in due manner that fliall belong to your faid command SdSons" 
 and the truft we have repofed in you, according to the feveral °*, '^is com- 
 powers and diredions granted or appointed you by this prefentcoUng t^o the- 
 
 ^^■^^ .,, ' n\, .. King's inftruo 
 
 commulion,ionr. 
 
 
t 
 
 p: 
 
 |! 
 
 Oaths to be 
 taken by the 
 governour. 
 
 Thofe appolnt- 
 ■«d by I Geo. I, 
 
 Declaration a- 
 gainft tranfub- 
 Itantiation, 
 Aat. xs Car. II. 
 
 Gath of office. 
 
 Oath to obferve 
 the laws relating 
 to trade and 
 plantations. 
 
 [ 94 ] 
 
 rommiffion and the Inftrudions and authorities herewith given unto 
 you, or by Tuch other powers, inftru€tions, and authorities as ihall 
 at any time hereafter be granted or appointed under our fignet and 
 fign manual, or by our order in pur privy council, and according to 
 fuch reafonable laws and ilatutes as {hall hereafter be made and 
 agreed upon by you with the advice and confeipt of the council and 
 aHTembly of our faid province under your government, in fuch manner 
 and form as is herein after expreiTed. 
 
 And our will and pleafure is» tha^you, the faid James Murray, do, 
 after the publication of thefe our letters patent, and after the ap- 
 pointment of our council for our faid province in fuch manner and 
 form as is prefcribed in the inftrudtions which you wilL herewith 
 receive, in the firfl place, take the oaths appointed, to be taken by 
 an a£t pafled in the firft year of the reignof King George the firft, 
 intituled, *• An Adt for the further fecurity of his Majefty's perfon 
 and government, and the fucceflion of the crown in the heirs 
 of the late Princefs Sophia, being Protef^ants, and for ex- 
 tinguishing the hopes of the pretended Prince of Wales, and his 
 <* open and fecret abettors ;" as alfo that you niake and fubfcribe 
 the declaration mentioned in an adt of parlianient made in the 
 twenty-fifth year of the reign of King Charles the fecond, intituled, 
 " An Adl: for preventing dangers which may happen from Popifli 
 ** Recufants ;" and likewife that you take the oath of office ufually 
 taken by our governours in the other colonies for the due execution of 
 the office and truft of our Captain General and Governour in Chief 
 in and over our faid province, and for the due and impartial 
 adminiftration of juilice ; and further, that you take the oath 
 required to be taken by the governours of the plantations to do their 
 utmofl that the feveral laws relating to trade and plantations be 
 duely obferved : which faid oaths and declarations our council of 
 our faid province, or any three of the members thereof, have hereby 
 full power and authority, and are hereby required to tender and 
 adminifter to you. 
 
 (( 
 
 €( 
 
 OathstoiK All which being duly performed, you (hall yourfelf adminifter 
 
 coun"ci'iori''and to each of the members of our faid council, and to the lieutenant- 
 v!ruo""I^'ol°' governours of Montreal andTrois Rivieres, the faid oaths mentioned 
 Montreal and in the faid adi, intituled, ** An Adt for the further fecurity of his 
 Trois Rivispcj. „ Majefty's perfon and government, and the fucceflion of the 
 
 ** crown 
 
[ 95 ] 
 
 «* crown 
 
 *' crown in the heirs of the late Princefs Sophia, being Proteftants, 
 «* and for extinguifliing the hopes of the pretended Prince of 
 " Wales, and his open and fecret abettors;" and alfo caufe them 
 to make and fubfcribe the afore- mentioned declaration, and alfo 
 fhall adminifler unto them the ufual oaths for the due execution of 
 their places and truft. 
 
 And we do further give and grant unto you, the faid James Murray, J^°nf,{,'* •j.'f, 
 full power and authority from time to time and at any time here- authorize others 
 after, by yourfelf, or by any other to be authorized by you in this'ny ^crfon'^k"* 
 behalf, to adminifter and give the oaths mentioned in the faid adt IfXIpSnl'd 
 *' for the further fecurity of his Majefty's pcrfon and government, byriat.iCeo.i. 
 <* and the fucceffion of the crown in the heirs of the late Princefs 
 ** Sophia, being Proteftants, and for extinguifliing the hopes of 
 ** the pretended Prince of Wales, and his open and lecret abettors," 
 to all and every fuch perfon or perfons as you (hall think fit, who 
 fhall at any time or times pafs into our faid province, or fliall be 
 refident or abiding there. 
 
 And we do hereby authorize and impower you t6 keep and ufe Power to keep 
 the public feal which will herewith be delivered to you, or fliall be public ftal! 
 hereafter fent to you, for fealing all things whatfoever that fliall 
 pafs the great feal of our province. 
 
 And we do hereby give and grant unto you, the faid James Murray, Pow«-tocaii« 
 full power and authority. With the advice and confent of our faid 'rleho'i'/cn.'''* 
 council to be appointed as aforefaid, fo foon as the fituation and 
 circumftances of our faid province under your government will 
 admit thereof, and when and as often as need (hall require, to 
 fummon and call general aflemblies of the freeholders and planters . 
 within your government, in fuch manner as you in your difcretion 
 fhall judge moft proper ; or according to fuch further powers,. 
 infl:ru^ions, and authorities as fliall be at any time hereafter granted 
 or appointed you under our fignet or fign manual, or by our order 
 in our privy council. 
 
 And our will and pleafure is, that the perfon thereupon dftly The members 
 eleded by the major part of the freeholders of the refpeftive ft^uifi'' 
 pariflies or precincts, and fo returned, fliall, before their fitting, take °"^^ «ppointe4i 
 the oaths mentioned in the faid ad:, intituled, ** An Ad for the ^ * ' 
 
 2 «• further 
 
t 96 ] 
 
 ** further fecurlty of his Majefty's perfori s'd government, and 
 
 " the fucceflion of the crown in the heirs of the late Princefs 
 
 ** Sophia, being Proteftants, and for extinguifliing tlie hopes of 
 
 " the pretended Prince of Wales, and his open and fecret abettors j" 
 
 *!"^ j'^'i^'ft '""■ ^s alfo make and fubfcribe the fore-mentioned declaration ; which 
 
 tranfubftuntia- oaths End declaration you fliall commiffionate fit perfons under the 
 
 """' public feal of that our province to tender and adminifter unto them j 
 
 and, until the fame fhail be fo taken and fubfcribed, no perfon fhall 
 
 be capable of fitting, though eleded. 
 
 And we do hereby declare, that the perfons fo eleded and 
 qualified fliall be called T&e ajfembly of that our province of Sluebec\ 
 Powtr to make and that you, the faid James Murray, by and with the advice and 
 confent of our faid council and affembly, or the major part of 
 them, fliall have full power and authority to make, conftitutei 
 and ordain, laws, fl:atutes, and ordinances, for the public peace, 
 welfare, and good government of our faid province, and of the 
 people and inhabitants thereof, and fuch others as fliall refort there- 
 unto, and for the benefit of us, our heirs and fucceflbrs i which 
 not repugnant faid laws, flatutes, and ordinances are not to be repugnant, but, as 
 Great Briutn. Hcaf as may bc, agreeable to the laws and flatutes of this our 
 kingdom of Great Britain. 
 
 TheUwsfo Provided that all fuch laws, flatutes, and ordinances, of what 
 
 wmttwdto nature or duration foever they be, fliall be, within three months, 
 
 Eng'*^"*^ within Q,. fooner, after the making thereof, tranfmitted to us, under our 
 
 feal of our faid province, for our approbation or difallowance of the 
 
 fame, as alfo duplicates thereof, by the next conveyance. 
 
 If difaiiowedby ^jj^ jn cafc any, or all, of the faid laws, flatutes, and ordinances, 
 ihaiithMceforth not before confirmed by us, fliall at any time be difallowed and not 
 become void, approved, and fo fignified by us, our heirs and fuccefifors, under 
 our, or their, fignet and fign manual, pr by order of our, or their, 
 privy council, unto you, the faid James Murray, or to the com- 
 mander in chief of our faid province for the time being, then fuch 
 and fo many of the faid laws, flatutes, and ordinances as fliall be fo 
 difallowed and not approved, fliall from thenceforth ceafe, deter- 
 mine, and become utterly void and of no efFed ; any thing to the 
 contrary thereof notwithftanding. 
 
 .; And 
 
 ^M 
 
C 97 ] 
 
 And to the end that nothing may be pafTed or done by our faid The goNmoui 
 council or afTembly to the prejudice of us, our heirs and lucceflbrs, nj*",l'v"»oice 
 we will and ordain that you the faid James Murray (hall have ^8-'^"j|, j^°^*'^j._ 
 and enjoy a negative voice in the making and pafTing all laws, fcmbiy. 
 ftatutes, and ordinances as aforefaid j and that you (hall and may 
 likewife from time to time, as you (hall judge neceflary, adjourn, 
 prorogue, or di(rolve all general aflemblies as aforefaid. 
 
 tk* 
 
 And 
 
 And we do by thefc prefents give and grant unto you the faid ''°*5;,*f''j^^ 
 James Murray full power and authority, with the advice and confentcoundi.toereA 
 of our faid council, to eredl, conftitute, and eftabli(h fuch and fo '."^^JJ^."^ J"'''' 
 many courts of judicature and public juftice within our faid pro- 
 vince under your government as you and they (hall think fit and 
 neceffary, for the hearing and determining of all caufes, as well 
 criminal as civil, according to la^v and equity, and for awarding 
 execution thereupon, with all rcafonable and neceffary powers, 
 authorities, fees, and privileges belonging thereto; as alfo to ap- P^wer to eom- 
 point and commiflionate fit perfons in the feveral parts of your "crfon?'* ai- 
 government to adminifter the oaths mentioned in the aforefaid a<a, "aKppointej 
 intituled, " An a£l: for the further fecurity of his Majefty's perfonbyiitiGeo.K 
 ** and government, and the fucceflion of the crown in the heirs of tion againft" * 
 «« the late Princefs Sophia, being Proteftants, and extinguishing fo^^VelonfiinJ' 
 " the hopes of the pretended Prince of Wales, and his open and '" ^"^^ **•""'• 
 ** fecret abettors ;*' as alfo to tender and adminifter the aforefaid 
 declaration to fuch perfons belonging to the faid courts as fhall be 
 obliged to take the fame. 
 
 ' -• • . ' ■ • .■■ ■' .. .. ■ •-. 
 
 And we do hereby grant unto you full power and authority to Powwto ap- 
 conftitute and appoint judges, and, in cafes requifite, commiflioners fomminio^n'Jr 
 of oyer and terminer, juftices of the peace, and other neceffary °^in7"jum« 
 officers and minifters, in our faid province, for the better ad- of 'he peace, 
 miniftration of juftica and putting the laws in execution; and to other officers of 
 adminifler, or caufe ^o be adminiftered, unto them fuch oath or^"'^''*' 
 oaths as"- are ufually given for the due execution and performance 
 of offices and places, and for clearing the truth in judicial caufes. 
 
 ' And we do hereby give and grant unto you full power and ^^^ Yr'm^^Sil 
 authority when you (hall fee caufe, or (hall judge any offender or 
 offenders in criminal matters, or for any fines or forfeitures due 
 unto us, fit objects of our mercy, to pardon all fuch offenders, and 
 
 N remit 
 
 oners 
 ter« 
 ices 
 
 :■*.;;•( 
 
 m^ 
 
 
 
t 98 ] 
 
 ,1 'li 
 
 remit all fuch ofFences, Hnes, and forfeitures, treafon and wilful 
 murder only excepted; in which cafes you (hall likewife nave 
 power, upon extraordinary occafions, to grant reprieves to the 
 offenders until, and to the intent that, our royal pleafure may be 
 known therein. 
 
 .) „ 
 
 . ,:( ' 
 
 htin" o*^ '"i' "r ^^^ ^^ ^^ ^y thefe prefents give and grant unto you full power 
 ■ftical bcneicw? and authority to collate any perfon or perfons to any churches, 
 
 chapels, or other ecclefiaftical benefices within our faid province, as 
 
 often as any of them (hall happen to be void. 
 
 Tower to levy 
 •roops, and cm 
 pioy thtm U' 
 
 r«beli i 
 
 And we do hereby give and grant unto you, the faid James Murray, 
 by yourfelf, or by your captains and commanders by you to be 
 fiwMirS"' authorized, full power and authority to levy, arm, muiler, com- 
 "*"'' ' mand) and employ all perfons whatfoever refiding within our faid 
 
 province ; and, as occauon (hall ferve, them to march, embark, or 
 tranfport, from one place to another, for the refifting and with- 
 (landing of all enemies, pirates, and rebels, both at land and fea ; 
 and to tranfport fuch forces to any of our plantations in America^ 
 if necedity (hall require, for the defence of the fame againfl; the 
 invafion or attempts of any of our enemies ; and fuch enemies, 
 pirates, and rebels, if there (hould be occaiion, to purfue and 
 profecute in or oat of the limits of our faid province ; and, if it 
 (hall fo pleafe God, them to vanquifli, apprehend, and take j and, 
 being taken, according to law to put to death, or keep and pre« 
 ferve alive, at your difcretion } and to execute martial law in 
 tinoe ef invafion, war, or other times when by law it may be 
 executed i, and to do and execute, all and every other thing and 
 things which to our Captain General and Oovernour in Chief dotjh, 
 or of sight ought to belong. 
 
 rower, wsth the An4 we do hereby give and grant unto you full pawer and 
 MDncu't^buiu authority, by and with the advice and confent of our faid council, 
 fortsandcaftiets^Q gij^^ Tjufe, and build in our (aid province, fuch and fo many 
 
 forts, platforms, caflles, cities, boroughs, towns, and fortifications 
 and to fortify 3$ you, by the advice aforefaid, fhall judge necefTary ; and the 
 t'hem wuhirms, fe"^» ^ any of them, to. fortify and furnifh with ordnance, am- 
 *«=• ' munition, and all forts of arms fit and necefTary for the (ecurity 
 
 and delence of our (kid province i and by the advice aforefaid, the 
 a fame 
 
 •nd to execute 
 mirtial law in 
 
« 
 
 <c 
 
 [ 99 ] 
 
 fame again* or any of them, to demoliih or dirmantle as may be *><i f* aenoiiih 
 moft convenient. Sem^"'*""' 
 
 And forafmuch as divers mutinies and diforders may happen by 
 perfons (hipped and employed at fea during the time of war, and 
 to the end that fuch as fliall be {hipped andemployed at fea during 
 the time of war may be better governed and ordered, we hereby '<>*•«• i" time 
 give and grant unto you, the faid James Murray, full power and %\n"!fn^,\ 
 authority to confHtute and appoint captains, lieutenants, maftcrs of 'i*/,"'/'^';",*' 
 fhips, and other commanders and officers ; and to grant to fuch *^^ '° s^""'.' 
 captains, lieutenants, mafters of ihips, and other commanders and (lanTtrel!^ 
 officers, commiilions to execute the law martial during the time of aJ^rdinrlh*. 
 war, according; to the direftions of an aft pafled In the twenty- *»«•»» ^».«. 
 fecond year of the reign of our late royal grandfather, intituled. 
 An Aft for amending, explaining, and reducing into one aft of 
 parliament the laws relating to the government of his Majcily's 
 ** (hips, veifels, and forces by fea ;" and to ufe fuch proceedings, 
 authorities, puniHiments, correftions, and executions upon every 
 offender or offenders who (hall be mutinous, feditious, diforderly, . 
 or any way unruly, either at fea or during the time of their 
 abode or refidence in any of the porf^, harbours, or bays in our 
 faid province, as the cafe (hall be found to require, according to 
 martial law and the laid direftions, during the time of war, as 
 aforefaid. 
 
 Provided that nothing herein contained (hall be conftrued to the™«^»iino* 
 enabling you, or any by your authority, to hold plea, or have any ma'n o^lthu 
 jurifdiftion, of any offence, caufe, matter, or thing committed or^^^j"ih?pf 
 done upon the high fea, or within any of the havens, rivers, or'""""'?''",'**, 
 
 iV i-'J'J *t- 1 • by the admiralty 
 
 creeks of our faid province under your government, by any captain, when theycom. 
 commander, lieutenant, mafter, officer, feaman, foldier, or perfondthe°*n'the 
 whatfoever who (hall be in aftual fcrvice and pay in, or on board of,J^^sh/^»; "''** 
 any of our (hips of war, or other vefTel afting by immediate com-«»r haven'."* ' 
 minion or warrant from our commiflioners for executing the oiHce 
 of high admiral of Great Britain, or from our high admiral of 
 Great Biitain for the time being, under the (eal of our admiralty; 
 but that fuch captain, commander, lieutenant, mafter, officer, But thefc per. 
 feaman, or foldier, or other perfon fo offending, (hall be left to bef^"a diw by 
 proceeded againft and tried as their offences fliall require, either byJ,naeTthrreat 
 commiffion under our great feal of this kingdom, as the ftatute off'^^iof Gr.at 
 
 jyj 2 the'^"'""' *"*"^''" 
 
C 'oo ] 
 
 i*iu,!yni!'or tlie twenty-eighth of Henry the Eighth diredls, or by commlfflon 
 
 VomThTHlmi- ^'°"* o"*" '*'*^ commifTioncrs for executing the office of high ndniii I 
 
 faity, Kcorjingof Grcat Britain, or from our high admiral of Great Britain for the 
 
 o».Vi*' ** time being, according to the afore-mentioned a(fl, intituled, •* An 
 
 ** A^ for amending, explaining, and reducing into one n^ of 
 
 '* parliament the laws relating to the government of his Majcfty's 
 
 ** (hips, veflels, and forces by fea," and not otherwife. 
 
 But for offence. Pfovidcd ncvcrthelefs, that all diforders and mifdemeanors com- 
 
 commltted oil • i /i . • , ,• n 
 
 ihore thcfe per- Huttcd on fliore by any captain, commander, lieutenant, mailer, 
 iri"!ui1puni(h- officer, feaman, foldier, or other perfon whatfoever belonging to 
 
 thViawionhc '^"y °^ °"'* ^*P^ °^ ^^''» °*" ot^cr veffels, ading by immediate 
 pUre where chc commifllon or warrant from our commiffioners for executing the 
 coramuted. ' officc of high admiral of Great Britain, or from our high admiral 
 of Great Britain for the time being, under the feal of our admiralty, 
 miy be tried and punilhed according to the laws of the place where 
 any fuch difor'ders, offences, and mifdemeanors (hall be committed 
 on (hore, notwithftanding fuch offender be in our aflual fervice and 
 borne in our pay on board any of our (hips of war, or other vefTels, 
 acting by our immediate commiffion or warrant from our com- 
 miffioners for executing the office of high admiral of Great Britain, 
 or from our high admiral of Great Britain for the time being as 
 aforefaid, fo as he (hall not receive any protecftion for the avoiding 
 of juftice for fuch offences committed on (hore from any pretence 
 of his being employed in our fervice at fea. 
 
 Power, with the 
 coafent of the 
 
 And our further will and pleafure is, that all public monies raifed, 
 
 tomcii, to^aif. or which (hall be raifed, by any aft hereafter to be made within our 
 
 mowylbr the faid provincc, be Kfued out by warrant from you, by and with the 
 
 govS^rawt!** advice and confent of our council as aforefaid, for the fupport of 
 
 the government, and not otherwife. 
 
 i - ■ ■ . . . . - . 
 
 fo^nT^tofdw* And we likewife give and grant unto you full power and 
 «.uncii,togrant authority, by and with the advice and confent of our faid council, 
 to fettle and agree with the inhabitants of our faid province for 
 fuch lands, tenements^ and hereditaments as now are, or hereafter 
 (hall be, in our power to difpofe of, and them to grant to any 
 perfon or perfons upon fuch terms and under fuch moderate quit- 
 rents, fervices, and acknowledgements, to be thereupon referved 
 unto us, as you, with the advice aforefaid, (ball think fit ; which 
 
 faid 
 
[ lor ] 
 
 faid grants are to pafs and be fealed by our public fcal of cur faid Ti.rRfintsroi.. 
 province, and, being entered upon record by fuch officer orofficMs (i"i,'..iK'i'[o'i'J' 
 as (hall be appoiuted thereunto, Ihall be good and efFe(flual in the"^"'"''' 
 law againil us, our heirs and fuccefTord. 
 
 U 
 
 • Provided the fame be conformable to the inflrudtions herewith 
 dw .ivered to you, or to fuch other inftru(5lions as may hereafter be fent 
 you under cur fignet and fign manual, or by our order in our privy 
 council i whicii inftruftions, or any articles contained therein, or 
 any fuch order made in our privy council, fo far as the fame (hall 
 relate to the granting of lands as aforefaid, (hall from time to time 
 be publifhed in the province, and entered on record in like manner 
 as the faid grants are hereby diredied to be en^/red. 
 
 Tliefe cMMtt 
 mul\ t)c niadt 
 i'iii('i)rmablo to 
 the Kinjj's in- 
 ftruflions. 
 AnJ thefe in- 
 (Jiuftion, re 
 1 itini; to tli« 
 .;.'.'ming ol' 
 linJs (hall be 
 publilhed. 
 
 And we do hereby give you, the faid James Murray, full power Po^vcr, wuh th« 
 and authority to order fairs, marts, and markets, and alfo fuch and ci!"ncii."tVap- 
 fo many ports, harbours, ba^s, havens, and other places for thef,;'^'j^'jj','^^';' 
 conveniency or fecucity of (hipping, and for the better loading and ''";■"/'"'' 
 unloading of goods and merchandizes, in fuch and fo many places 
 as, by and with the advice and confent of our faid council, fhall be 
 thought fit and ncceffary. ' ^ . "• • ' 
 
 And we do hereby require and command all officers and miniflerc, ah oiTicen civii 
 civil and military, and all other inhabitants of our fafd prbvince, !;"j "^'''y;, 
 to be obedient, aiding, and affifting unto you, the faid James Murray, ii^i''t"i's <>n:.« 
 the execution of this our commifTion and of the pawers andbl^'iliinganj"' 
 
 m 
 
 authorities therein contained j and, in cafe of your death Or abfcnco jtovirnou" ',','* 
 from our faid province and government, to be obedient, aiding, [ii'\!;J"-'''"'|i;"° 
 and aflifting to the commander in chief for the time being; to ami in c.fc of 
 whom we do therefore by thefe prefents give and grant all and o",'i,c"goter."'' 
 lineular the powers and authorities herein granted, to be by him "'""' '",'''= 
 executed and enjoyed during our plealure, or until your arrival ci>icr tor the 
 within our faid province. "'"*" ^'"'^' 
 
 uf of the 
 
 And in cafe of your death or abfence from our faid province, who diaii be 
 our will and pleafure is, that our lieutenant-governour of Montreal ^hJ'JJ^'""'" '" 
 or Tiois Rivieres 
 lieutenant-governour 
 powers and authorities therein 
 
 cafe of the death or abfence of our lieutenant-governours of Montreal 
 
 and 
 
 , according to the priority of their commilhons of p^v""'"/'^' 
 
 ,0 r J -ini ot the dc.Ji or 
 
 lOur, GO execute our faid commimon with all the abfence of th« 
 mentioned, as aforefaid. And in 8°^""""'- 
 
 
 
 • ♦■'{ 
 
 
 )i 
 
'S 
 
 [ 102 ] 
 
 and Trols Rivieres from our faid province, and i;hat there (hall be 
 no perfon within our faid province appointed by us to be lieutenant- 
 governour or commander in chief of our faid province, our wilt 
 and pleafure is, that the eldefl councillor, who fhall be, at the time 
 of your death, or abfence, redding within our faid province, (hall 
 take upon him the adminiftration of the government, and execute 
 our faid commiHion and inftrudtions, and the feveral powers and 
 authorities therein contained, in the fame manner to all intents and 
 purpofes as other our governour or commander in chief fhould or 
 ought to do, in cafe of your abfence, or until your return, or in all 
 cafes until our further pleafure be known. 
 
 Thif office of And we do hereby declare, ordain, and appoint, that you, the 
 
 U^'govfrnour faid Jamcs Murray, (hall and may hold, execute, and enjoy the 
 
 hiiSydttring °ffic® ^^ P^^ce of our Captain General and Governour in Chief in 
 
 the King's plea- and ovcr our faid province of Quebec and all the territories depending 
 
 thereon, with all and fingular the powers and authorities hereby 
 
 granted unto you, for and during our will and pleafure. In witnefs 
 
 whereof we have caufed thefe our letters to be made patent. 
 
 Witnefs ourfelf at Weftminfter the twenty-firft day of November, 
 
 in the fourth year of our reign. 
 
 By writ of privy feal. (Signed) YORKE & YORKE. 
 
 "!•;.:;:-'. 
 
 Recorded at the Treafury Chambers, Whitehall, the 2 9th day 
 of November 1763. 
 
 (Signed) T. TOMKYNS. 
 
 Recorded in the Regifter's Office in Qgebec, the 7 th day of June 
 1766, 
 
 (Signed) J. GOLPFRAP, D. Regr. 
 
 t u 
 
 NUMBER 
 
U be 
 nant- 
 will 
 time 
 (hall 
 [ecute 
 s and 
 ts and 
 uld or 
 in all 
 
 u, the 
 oy the 
 hief in 
 ending 
 hereby 
 witnefs 
 patent, 
 rember. 
 
 iB E R 
 
 [ i<>3 ) 
 
 ,'•■'} ^ ' ' ' ■ ■ • • - • • . . •• 
 
 . NUMBER X. 
 
 OATHS of Allegiance and Abjuration of the Pope's 
 Power, and the Pretender's Right to the Crown of 
 Great Britain ; , „. 
 
 Mentioned In the foregoing Commidion of Captain General 
 r. and Governour in (phiefV^^^,^;,^;. .■ j;;^ \, ," , 
 
 .r. ■ 
 
 (.. 
 
 I. The O A T H of A L L E G I A N C E. 
 
 , ^ 1.' . , f 
 
 IA. B. do fincesely promife and fwear, that I will be faithful, ."/' 
 and bear true allegiance, to hrs Majefty King George. ' ' " . 
 
 ■■■ 'V^'«'.. ,inr.^,v: ;;,'.u.(.vv ■::.i.:.^A'i; . So help me G O t)^, . ^ ^ 
 
 II. The OATH of ABJURATION of the POPE*s POWER'. 
 
 T A. B. do fwear, that I do from my heart abhor, deteft, and 
 '*■ abjure, as impious and heretical, that damnable doftrine and 
 position, that princes excommunicated or deprived by the Pope, 
 or any authority of the fee of Rome, may be depofed or murdered 
 by their fubjefts, or any other whatfoever. 
 
 And I do declare, that no foreign prince, perfon, prelate, ftate, 
 or potentate, hath, or ought to have, any jurifdidtion, power, 
 fuperiority, pre-eminence, or authority, ecclefiaftical or fpiritual, 
 within ^this realm. 
 
 So help me GOD. 
 
 III. The OATH of ABJURATION of the PRETENDER'S 
 RIGHT to the CROWN of GREAT BRITAIN. 
 
 I A. B. do truely and fincerely acknowledge, profefs, teftify, and 
 
 Acknowledge- 
 mciu of the 
 
 declare in my confcience, before God and the world, that our '<^'''g'"nfihtto 
 
 o . the crown of 
 
 OOVereign Crcat Britain. 
 
 
 .'.'•, i 
 
 
 if 
 
 ■ ' ,f< 
 
 'pi- 
 
 
fr^ 
 
 . w 
 
 li: U. 
 
 [ 164 i 
 
 Sovereign Lord King George is the rightful King of this realm, 
 and all other bis Majefty's dominions thereunto belonging. 
 
 fainShe"re' ^^^ ^ *^° folemiily and fincerely declare,, that I do believe' in my 
 
 tender's title to confcience, that the jperfon pretended to be Prince of Wales, during 
 
 t e crown; ^j^^ j.^^ of thc late Kingjaoies, and fince his deceafe .pretending to 
 
 be, and taking upon himfelf the ftyle and title of, King of England, 
 
 by the name of James the Third, or of Scotland, by the name of 
 
 James the Fifth, or the ftyle and title, of King of Great Britain, 
 
 hath not any right or title whatfoever to the crown of this realm, 
 
 MdrenHnciationor any Other the dominions thereto belonging : and I do .renounce, 
 
 or obedience to refufe, and abjure any allegiance or obedience to him. 
 
 him 
 
 Promife to de- 
 fend the King 
 againft all 
 traitorous con- 
 fpiracies : 
 
 and to difclore 
 to liim all fuch 
 conffiracics. 
 
 And I do fwear, that I will bear faith and tt'ue Allegiance to his 
 Majefty King George, and him will defend, to the utmoft of my 
 power, againft all traitorous confpiracies and attempts whatfoever, 
 which (hall be made againft his perfon, crown, or dignity. And 
 I will do my utmoft endeavour to difclofe and make known to his 
 Majefty, and his fucceflbrs, all treafons and traitorous confpiracies 
 which 1 ftiall know to he agaijift him, or any of them. 
 
 11' V. 
 
 Promife to And I do faithfully promife, to the utnioft of my power, to 
 
 Steftant'fuc. fupport, maintain, and defend the fucceffion of the crown againft 
 
 ccffioa to the^ him thc faid James, and all' other perfons whatfoever, which 
 
 iig'to'tii'e'adJffucceflion, by an adt, intituled, " An Act for the further limitation 
 
 fettieme:.t. ,, ^^ ^^^ crowu and better fecuring the rights and liberties of the 
 
 ** fubjedls," is and ftands limited to the Princefs Sophia, eledtorefs 
 
 and dutchefs dowager of Hanover, and the heirs of her body, 
 
 being Proteftants. 
 
 <}f- 
 
 ^•♦i 
 
 Sincerity of all And all thcfe things I do plainly and fincerely acknowledge and 
 KSfo- fwear, according to thefe exprefs words by me fpoken, and according 
 mifcs according jq jj^g plaiu and commou fenfe and underftanding of the fame words, 
 mcInbgoTti.c vvithout any equivocation, mental evafion, or fecret refervation 
 the'/are'cx-'"' whatfoevc.r. And I do make this recognition, acknowledgement, 
 preifcd. abjuration, renunciation, and promife, heartily, willingly, and 
 
 truly, upon the true faith of a Chriftian. 
 
 I.'.' 
 
 So help me GOD. 
 
 The 
 
ealm, 
 
 in my 
 during 
 ling to 
 Inland, 
 ame of 
 Britain, 
 ; realm > 
 nounce, 
 
 e to his 
 : of my 
 atfoever, 
 y. And 
 vn to his 
 afpiracles 
 
 jower, to 
 n againft 
 r, which 
 limitation 
 ies of the 
 ele£torefs 
 er body, 
 
 pledge and 
 according 
 ime words, 
 refervation 
 ledgement, 
 jngly, and 
 
 Igod. 
 
 The 
 
 [ "s 3 
 
 The foregoing oath of abjuration is that mentioned in the com- 
 mifllon above-recited of Captain General and Govcrnour in Chief 
 of the province of Quebec, granted to General Murray, which 
 was pafled in the life-time of the perfon pretending to be the fon 
 of King James the Second. Since the death of that pretender it 
 has been necelTary to make fome alterations in the wording of it ; 
 and this has been done by the flatute of the 6th year of the reign 
 of his prefent Majefty, by which the following oath of abjuration 
 is enjoined to be taken inflead of the former. 
 
 IV. The OATH of ABJURATION of the RIGHT of any of 
 the DESCENDANTS of the late King JAMES the SECOND 
 to the C OWN of GREAT BRITAIN: 
 
 Appointed by the flat. 6 Geo. III. cap. 53. 
 
 I 
 
 A. B. do truely and fincerely acknowledge, profefs, teftify, and J,',n"of^|if ' 
 declare, in my confcience, before God and the world, that our K'"g's rij^iu ta 
 Sovereign Lord King George ifi lawful and rightful King of thiscreatT ""' 
 realm, and all other his Majefly's dominions and countries there- 
 unto belonging. 
 
 ^Britnin. 
 
 And I do folemnly and fincerely declare, that I do believe r)«i 
 
 ar.itirtn a- 
 
 in my confcience, that not any of the defcendants of the perfon ^raa/ot- d.l' 
 who pretended to be Prince of Wales durin? the life of the late <','=''«»'""' of 
 King James the Second, and, fince his deceale, pretended to be, tendc. t,) tut 
 and took upon himfelf the ftyle and title of. King of England, "' "'^'"'' 
 by the name of James the Third, or of Scotland, by the name of 
 James the Eighth, or the ftyle and title of King of Great Britain, 
 hath any right or title whatfoever to the crown of this realm or 
 any other the dominions thereunto belonging. And I do re- "A""",?*'^:*''''" 
 nounce, refufe, and abjure any allegiance or obedience to anv orobcaicncc''w 
 of them.^ 
 
 ■ to de- 
 
 chcm. 
 
 And I do fwear that I will bear faith and true allegiance to his ^^\°^l[l j.;^ 
 Majefty King George, and him will defend, to the utmoft of my ^s^and m 
 power, againil all traitorous confpiracies and attempts whatfoever, fpirade"- "^"" 
 which ftiall be made againft his perfon, crown, or dignity. And 
 I will do my utmofl endeavour to difclofe and make known to his 'o himSd, 
 
 • ■ ' O Majefty, tonrpimies. 
 
 mf 
 
 1 •»!■ 
 
 urn 
 
 
 ^,■;pl 
 
 m 
 
 '.li 
 
 
 M 
 
 
,:■•; 
 
 1^' 
 
 m-' 
 
 '^I\ 
 
 I '^6 ] 
 
 T* 1^, X 
 
 Majefty, and his fucceflbrs, all treafons ''iid traitorous confpiracin 
 which I (hall know to be agaiuft him, or any of them. 
 
 Promifc to And I do faithfully promife, to the utmoft of my power, to 
 
 '"riciiaut'fuc- fupport, maintain, and defend the fucceffion of the crown againft 
 
 Jmontothr the defcendants of the faid James, and all other perfons what- 
 
 [nT:o"*the7al'f foever; which fucceffion, by an aft, intituled, " An Ad for the 
 
 ftttkmcnt. n further limitation of the crown, and better fccuring the rights 
 
 *« and liberties of the fubjedt," is and (lands limited to the Princefs 
 
 Sophia, ekaorefs and duchefs dowager of Hanover, and the heirs 
 
 of her body, being Proteftants. ^_., _ \; _'"''^y^. — -■ \ 
 
 Sincerity of all ^^^j ^\\ t^cfe things I do plainly and fmcerely acknowledge and 
 lions and pro- fwcar, according to thefe exprefs words by me fpoken, and ac- 
 t'^'[he'pia°f "^ cording to the plain common fenfe and underftanding of the fame 
 meaning of the wnrds. without auv cquivocation, mental evafion, or fecret refer- 
 
 worJs in which "«-'•'-»»"* '»•'•, x i i l* •^- l i j 
 
 they are ex- vation wh^tioevcr. And I do make this recognition, acKnowledge- 
 '""^"'' ment, abjuration, renunciation, and protnife, heartily, willingly, 
 
 and truly, upon the true faith of a chriftian. 
 
 ' ; ,1,,..' ' ""■ ■■- ■; •'."'••"> «i-'iJKiiiaquh ^fiX:. 
 
 V The DECLARATION againft TRANSUBSTANTIATION, 
 
 /' Mentioned in the foregoing commifTion of Captain General and 
 
 Governour in Chief j 
 
 ij.U: ili>A 
 
 »j0 1 ,jn; 
 
 And appointed by ftat. 25 Car. II. c. 2. (eft, 9, Ptiqi 
 
 I A. B. do declare, that I do believe that there is not any tranfub- 
 ftautiation in the facrament of the Lord's Supper, or in the 
 elements of bread and wine, at or after the confecration thereof t>y 
 any perfon whatfoever. . , ; , , , , r - . 
 
 ^' i'AH ^ 
 
 Five years after the appointment of this declaration againft 
 tranfubftantiation, to wit, in the 30th year of the reign of King 
 Charles the Second, and A. D. 1679, another declaration againft 
 fome of the principal errors of Popery was appointed to be taken 
 on certain occafions, which is ufually called T&e Declaration agairift 
 Popery J and is as follows. . 1 
 
 VI. The 
 
[ 107 ] 
 
 VI. The DECLARATION againft POFERY, 
 Appointed to be taken in certain cafes by the flat. 30 Car. II. (lat. 2. 
 
 T A. B. do folemnly and fincerely, in the prefence of God, profefs, Notran ra!ia4n. 
 *■ teftify, and declare, that I do believe, that in the facrament of ekme'nt'^rjf'' 
 the Lord's Supper there is not any tranfubftantiation of the elements ^',^,^^J/';|.;™.';j 
 of bread and wine into the body and blood of Chrift, at, or after f ti « ' orj* 
 the confecration thereof by any pcrfon whatfoever ; and that the TiTe''!' Mihin of 
 invocation or adoration of the Virgin Mary, or any other faint, and InjYiIfirfJs!' 
 the facrifice of the mafs, as they are now ufed in the church of '"J,''"^^':'''"' 
 
 -« r n ' ' i"ii °' ''"^ mats, arf 
 
 K-ome, are luperlutious and idolatrous. rup.-iiiitioii^aiij 
 
 - And I do folemnly, in the prefence of God, profefs, teftify, and^ii'^^fl^yj^f'^^'' 
 declare, that I do make this declaration, and every part thereof, in coijing'iu ih- 
 the plain and ordinary fenfe of the words read unto me, as they oAhrwonil^in 
 are commonly underftood by Englifli Proteftants, without any ^^jl^^'jl'^l^ '" 
 evafion, equivocation, or mental refervation whatfoever, and without 
 any difpenfation already granted me for this purpofe by the Pope, 
 or any other authority or perfon whatfoever, or without any hope 
 of any fuch difpenfation from any perfon or authority whatfoever, 
 or without thinking that I am, or can be acquitted before God or 
 man, or abfolved of this declaration, or any part thereof, although 
 the Pope, or any other perfon or perfons, or power whatfoever, (hall 
 difpenfe with, or annul, the fame, or declare that it was null and 
 void from the beginning. 
 
 .!j n-' 
 
 ■;ii.iM;b •■>L H , 
 
 I "i ■ 
 
 •)-..J: .;or 
 
 1.1 pi 
 
 
 TRANSLATIONS of the foregoing Oaths and 
 Declarations into the FRENCH LANGUAGE. 
 
 I 
 
 ' Les fufdits Serments et Declarations en Franqois, 
 
 L Serment de Ligence^ ou FidelitL :,. , ; 
 
 *yE, A. B. prometi & jure Jmcerement que je ferai fd^le et garderai 
 ^ une 'heritable hgsnce envers fa Majeji^ le Rot George. 
 
 Ainfi DJEU me foit en aide, 
 
 O 2 II. Serment 
 
 k>'ii^■ 
 
 
 i, 
 
 m 
 
 *T>\ 
 
 ' ■iri 
 
 ,».'*' 
 
f^r. 
 
 
 C 'o8 ] 
 
 II. Serment d* Abjuration a la Puijfance du Pape, 
 
 » 
 
 ^T je jure que fabhorre du fond de mon caur et que je ditejie ef 
 abjure y comme etant impie et pleine dherefie, cette doctrtne et maxime 
 affreufeque ks princes qui font excommuniisy ou prhes de leur royaumes ou 
 territoireSf par le Pape^ ou par aucune authority du Jiige de Rome^ 
 peuvent etre detrones ou mis a mart par leurs fujets ou par d'autres 
 perfonnes quelconquts. 
 
 M- 
 
 ■\\\ 
 
 Et je declare que nul prince, perfonne, prilat, itat, oupotentat itranger 
 a, ou devroit avoir, aucune jurifdiSlion, pouvoir, fuperiorit^, pre- 
 eminence, ou authorite ecclifiajiique ou Jpirituelle dans ce royaume. 
 
 Ainfi DJEU me foit en, aida- 
 
 III. Serment d Abjuration du pretendu Fils du Feu Rot 
 
 Jacques oecond, 
 
 HHomoiganct du ^E, A. B. cn toutc verite et findrit^ avoue, profefje, timoigne, et 
 %for% fi/. att- •^ declare, dans mon ame et confcience, devant Dieu et ks homnies, que 
 nant'fufou. ^'^^^^ jowiicrain feigneur le Roi Georges efi Roi legitime et de droit de ce 
 ro»»c dt la royawne, et de toutes les Jeigneuries et territoires qui y font appar^ 
 tenants, ,. 
 
 Cratide Brc- 
 tagne. 
 
 titrt <J ta ditle 
 tourmwe 
 
 DecUratkn qut^ Et jc declarc folemnellement et fnceremenf que je crot dans mon ame 
 
 Luun'Ltt'cu " et confcience que la perjbnne, qui pretendoit itre Prince de Galles durant 
 la vie du feu Roi Jacques Second, et qui depuis la mort de ce Roi a 
 pritendu etre, et a pris fur lui le flile et titre de, Roi d'Angleterre par 
 le nom de Jacques le Troijieme, ou de Roi dEcofje par le mm de Jacques 
 le Huitieme, ou le Jiile et titre de Roi de la Grande Bretagne, na 
 point aucun droit ou titre quelconque d la couronne de ce royaume ou ^ 
 
 Finotitiation de oiicwie des feigncurlcs qui en dependent. Et je renonce, refufe, et 
 
 [t^}Jcf!'!nver's abjure tout ligence ou obeijjance envers lui, 
 
 hi. 
 
 ^Unlfu Koi'' ^^ j^ J"^^ 9^^ J^ garderai la fd^lite et la veritable ligence envers 
 cn'gn contre fa Mcijcfid le Roi Gcorgcs, et que je le dijendrai de tout mon pouvoir 
 tTJi cui'tentatt contre toutes conjurations et attentats de trabifcn qui Jcront formes ou 
 t^ lie'iri'^ntr cntreprls contre J'a perfenne, fa couronne, et.jd dignite. Etjeferai tout 
 uuta (o-ijitra- Qg qj^j jgy^ ^^ns /»«« pouvolr pour reveler it faire conmitre a Ja 
 tJi,r<,_ Majefle et a fc Jucefjuirs, toutes trahifons et toutes conjurations dans 
 3 lejquelles 
 
C «09 ] 
 
 • w 
 
 ejie et 
 laxime 
 imes ott 
 Romey 
 I'autres 
 
 tranger 
 K pre- 
 le. 
 aide. 
 
 )U Roi 
 
 )igne, et 
 
 mes, que 
 
 oil de ce 
 
 appar- 
 
 \mon Ante 
 \s durant 
 \e Roi a 
 ?rre par 
 Jacques 
 rncj ria 
 \me oil ^ 
 Ijufe, et 
 
 envers 
 pouvoir 
 \rm^s ou 
 \rai tout 
 ^e a > 
 ^ns dans 
 yejquelles 
 
 lefqueUes un dejfein fera formi de commettre la irahijon, que je ffaurai 
 itre entreprii contre lui ou aucun deux» 
 
 *-O0 Ur 
 
 Bit je promets fidelement de foutenir, mainfenir, et d/fendre de tout ^^tmtjfc dt 
 
 • 1 f m It 1 - 1 1'. cJ mamUnxrltx 
 
 mon powQOir lajuccejfion dela couronne encontre tut le dtt Jacques et toutes fuacffio,, d u 
 autres perjonnes quelconques j laquellc juccejfton eji etablie dans la per- ugntp7ou/i"!Je, 
 fonne de la feue Princefje Sophie^ eleSirice et duchejfe do'uairiere dHanovre^'^'^J^f^^^l^ 
 et fes heritiers ijjm de Jon corps y tant quits feront Proteftants^ par un i'« <ii>'fi '■hbUe. 
 aEle de parlementy intituli^ ** Un aSle pour d{figner jufqu^a demuveaux 
 " degre's de fuccejjion les perfonnes qui devront jiicceder a la couronne ^ 
 " et pour mieux ajfurer les privileges et les franchifes des Jujets. 
 
 Et toutes ces chojes javoiie et je jure avec JinciritS et bonne foi^ fj^'^/l!ff/J,-"^" 
 felon les termes exprh que ie viens de prononcer, et felon le fens et'^^tpromejji-sjeUu 
 I acceptation ordinatres de ces termes y Jans aucune interpretation equivoque ^ ordinaire da 
 ivafion mentale^ ou rifervation Jecrete quelconque. Et je Jais cette ^'JZl\\uTsmt 
 reconnoiJJ'ancet aveu, abjuration^ renonciation^ et promeffcy de bon cceur^ «/>"'''f«' 
 volontairementy et vratement^ Jur la veritable foi d'un Chretien. 
 
 Ainji DJEV me foit en aide, 
 
 Tel itoit le ferment d abjuration du pritendu Jils du feu Roi Jacques 
 Second, qui ejl ordonni par la commijjion pricedente de Capitaine Giniral 
 et Gouverneur en Chefde la province de ^ibecjaite au Geniral Murray, 
 qui fut pajfee du vivant de ce pretendant. Depuis la mort de cette per- 
 fonne il a ete nkejffhire defaire quelque changement dans cette abjuration ; 
 et par faSie de parlement de la fixieme annie du regne de fa Majejie le 
 Roi Georges III. aujourd'hui regnant , cbapitre 53^ on y a fubjiitue le 
 ferment d' abjuration qui senfuit, 
 
 IV. Serment d* Abjuration des Defcenda-nfs du Feu Roi 
 
 yacques Second ; 
 
 Frefcrit par le Jiatut du 6 de Geo. III. chap, ^l, 
 
 wE, A. B. en toute verite et fmciritc^ avoue^ profeJJ'e, temoigne, et Riconmfame «» 
 ^ dklare, dans mon hme et confcience, devant Dieu et les hotnmes, que clt'tis fii.au* 
 notre fouverain feigneur le Roi Georges efi rot le^iti/ne et de droit de cei""'^'''"} "i- 
 royaume, et de toutes les (eigneunes et terntotrcs qui y font appurtenants. Qmromc de la 
 
 . _ *^t tagnt. 
 
[ 
 
 110 
 
 ] 
 
 ' i 
 
 Ptttoitr'i.il'i'jit lie 
 1r,ute fiJc'.'Uc, hi 
 oh:[lfiinc(, e li- 
 vers CtlX, 
 
 'u^luj'UZ^i' ^^ j^ declare fokmnellemsnt et fincJrement que je croi dans mon ame 
 rfv /.// lu'un. et confcicnce^ que pas aiicun des defccndants de la perfonne qui pre^ 
 r'r.::i,i„.f ric tcTidoit ///v Pruice de Galles durant la vie du feu Roi Jacques Second^ 
 \hi-tr'J:''!w',>t- ^^ ?"' apres la mort du dit roi^ prkendoit etre, et prenoit fur ltd le 
 In Crr.wdc Brc fill- ^t titrc dcy Rol d' /^ngU'tcrre par le mm de Jacques le rroifiemCt 
 aiuuildni't a ou de Roi d'Rcoffe par k nom de Jacques le Huitieme, ou lejlile et tit re 
 Ti'ur'JiM. ""'" de Roi de la Grande Bretfjgne, na aucun droits ou titre, quelconque a 
 la courcnne de ce royaiime, ou a aucune des feigneuries ou territoires 
 qui en dependent. Et je renonce^ fcfufet et abjure toute ligence ou 
 obeifance env^rs. aucun d\'ux, 
 
 rnmcjr< dc </<•- Etje jure que je garderai ta fidiliti et la veritable ligence envers fa 
 'oZ'rgesionin- Majejlc k Roi Georges, et que je le d^fendrai de tout mon pouvoir 
 'th!,l\?MtHti,ts'''^^'^^^ /o«/^j conjurations et attentats de trahifin qui feront formes ou 
 ic tnihijoi, ; entrepris contre fa perfonne^ fa couronne, et fa dignite. Et je ferai 
 et dc U:i rcvikr fout cc oui Icra dans mon pouvoir pour riviler et f'aire connottre a fa 
 thiiijeuitv Miijejte^ et a jes JucceJJeursy toutes trahifons et toutes conjurations dans 
 nature. kfquels un diffeln fera forme de commettre la trahifon^ que je f^aurai 
 
 etre .entrepris contre lui ou aucun d'eux, 
 
 Tromtjfeitmain' Et jc prowcts fidekment de foUtenir, maintenir^ et defendre de tout 
 
 Tuloiomif°"^f^<^^ pouvoir la fuccejjion de la couronne encontre les defendants du 
 
 dans la lignc Jf'f facoues et toutes autres perfonnes quelconques ; laquelle fucceljion 
 
 Vaiic dc taru- ejt etaoltc dans la perjonne de la jeue Frtncejje S&paiey electrice et 
 
 Z'ul'iir '''^ duchejfe doiiairiere dl'Hanovre, et fes Mritiers ijfus de fon corps, tant 
 
 qu'ils feront Protefants, par un aSie de parlement, intituU\ " Un 
 
 " aSte pour d^figner jufqu^a de nouveaux degris de fuccejjion les 
 
 ** perfonnes qui devront fuccider a la couronne ^ et pour mieux affurer 
 
 ** les privileges et les franchifes des fujets.'* 
 
 Sincintt'dt toutes 
 tei dt'clarat'icns 
 
 Et toutes ces chofes favoue et je jure avec fnceritS et bonne foi^ 
 $t promejes'fe'ion felon ks tcrmcs cxprcs QUc jc viens de prononcery et felon le fens et 
 
 U fens naturtl et i, , i- ' j . r • ^ / 1. .• 
 
 0rdimiiredes I acceptatton ordmatres de ces termes, Jans aucune interpretation 
 %eil\\hTlt Equivoque, evqfion mentale, ou r(fervation fecrette quelconque. Et je 
 fais cette reconnoi/fanccy aveii, abjurationy renonciation, et promejje, 
 de bon cxur, volontairement et vraiement, fur la veritable foi d'un 
 Chretien, 
 
 Ainji DIE U me foit en aide. 
 
 t»frimtei. 
 
 V. Declaration 
 
[ ni ] 
 
 V. Dklaratton centre la tranfubflanttation^ ou Pre/encc 
 \ reelle du Corps de Jeftis Chriji dans la Sainte Cene ; 
 
 Mentionnee dans la commijlon pricidente de Capitaine Giniral et 
 Gouverneur en Chef de la province ; 
 
 £/■ prefcritte par un aSle de parlement du z$ de Charles 11. cbapitre 2, 
 \ . •■ ^'^^ article o. 
 
 Vi A, 
 
 *y£, A. B» declare que je croi quUl n'y a pas dans le facrement de 
 *^ la fainte cene de notre feigneur Jefus Chrijiy aucune tranfubjian- 
 tiation des elements de pain et de vin, ni dans le moment de leur con- 
 Ihrationj ni apres leur conf!cration, par quelque perjonne que ce foit. 
 
 »• 
 
 £» certains cas une autre declaration contre d^autres erreurs de 
 tiglife de Rome auji bien que celui de la prifence rhlle, c'eji h dire^ < 
 contre V adoration de la Vierge Marie et des faints y et le Jacrijice de la 
 mejfe, efi prefcritte par un autre aSle de parlement du mime Rot 
 Charles II. dans la 30 annie de fon regne, "Elk ejl appellee ordinaire- 
 ment La Declaration contre le Papifmci elle eft de la forme qui 
 ienfuit. 
 
 • VJ. Declaration contre le Papifmey 
 
 Prefcritte a certaines perfonnes par le ftatut du 30 de Charles II. 
 
 flat. 2. 
 
 yE, A. B. profelje. timoigne^ et dklare. folemnellement et fincere- Contre u traif- 
 ment dans la prefence de DteUt que je crot que dans lejacrement deeVma-.tidepain 
 la Sainte Cene de notre Seigneur J (Jus Chrift il ny a pas aucune 'cotls^ctiTL 
 tranfubftantiation des Elements de pain et de vin en le corps et le fang ^' Ki"' c*«j' 
 de Jefus Chrift dans le tems^ ou apres le terns de leur confecration par 
 quelque^ per fonne que ce foit \ et que T invocation ^ ou I' adoration, de la^"""'^^^'' 
 yterge Manet et de tout autre Jaint, et le Jaaijice de la mejjey comme non, deta vingt 
 elks font aujourd'hui prdtiquies dans Veglife de Rome^ font fuperfiitieufes '^,"^11 % tutr, 
 tt tdolatreufes. t/f"^" ''' '* 
 
 Et 
 
 adora' 
 
 ■hi 
 
frimi$. 
 
 [ 112 ] 
 
 uneirUi ii ctiu Et je profe/fe^ thnoigne^ et dklare^ que je fats cette declaration et 
 u't'tf'ntlrlr chaque partle d'tcelht . dans le fens naturel et ordinaire des mots qui 
 ,t ardinuire Hci jfiont (^t^ luSf commc tls font entendus communiment far les Anglois 
 %7h\\Utft n- ProteJiantSy fans aucune ^vafwny interpretation Equivoque, ou rTfer- 
 vatton mentaU quelcoaque, et fans aucune difpenfe deja accordU a 
 moipovr cette occafion par le Pape^ ou par aucune autre authority, ou 
 perfonne quelconque, et fans aucune efp France d^obtenlr une difpenfe 
 pour cette occq/ion de par aucune perfonne t ou authority quelconque, et 
 Jans penfer que je fuis, ou que je puijfe etre^ devant Dieu ou les 
 hommes, cenf}, libre de f obligation de cette dklaration, ou que je 
 puifj'e etre abfous d'icelte, ou d* aucune partte d'icelh^ quoique le Pape, 
 ou toute autre perfonne^ ou perfonnes, ou puijfance quelconque, nCen 
 difpenfdt ou Vannulldt^ ou dcclarat quelle a etd nulle et de nulle validity 
 4epuis fon cotrnnencemento 
 
 >\. 
 
 : ' t 
 
 t , I • •. ■ 
 
 V' 
 
 •■ T>. T. .'<>: 
 
 ■■ v.- ■.» . ; - 
 
 *■ 
 
 4 1. V 6 4 
 
 ,»■■. -t o- •"■. Vf'-"A 
 
 • »./S 
 
 ' ' > 
 
 ^m. 
 
 ■ ,*. ■ '.. iX «. , 
 
 MV-. 
 
 ii !' 
 
 .\t.f, .'.'..' •( •! .■ - 
 
 i' u 
 
 NUMBER 
 
 I 1 
 
[ «»3 ] 
 
 athn it 
 lots qui 
 yinglois 
 m rTfer- 
 cordh a 
 mtii ou 
 dij'penfe 
 inguct et 
 u ou Us 
 m que je 
 le Pape, 
 
 fe validiti 
 
 N U M S E R 
 
 XI. 
 
 B E R 
 
 COMMISSION r VK E-ADMI R AL. 
 
 GEORGE the THIRD, by the Grace of God, of Great Pritain, 
 
 France^ and Ireland^ King, Defender of the Faiths To our 
 
 beloved James Murray, Efquire^ our Captain General and 
 
 \ Govcrnour in Chief in and over our Province of ^tebec, in 
 
 ^^^ America, Greeting: , ., „ -.^^ fp-»,^i*«. « . - 
 
 • - I < ■• ■ . 
 
 1 \'-* . • - ' ■ ', 
 
 TX7 E, confiding very much in your fidelity, care, and circum- 
 ^' fpcdion in this behalf, do, by thefe prefents, which jlre to 
 continue during our pleafure only, conjlitute and depute you, the 
 faid James Murray, Efquire, our Captain General and Governour 
 in Chief aforefaid, our Vice-Admiral, Commijfaryt and Deputy in commim.n t» 
 the Office of Vice- Admiralty in our province of Quebec aforefaid, commWiry" ' 
 and territories thereon depending, and in the maritime parts of the "f offi?c"lt '" 
 fame and thereto adjoining whatfoever; with power of taking and V'^e-Admiraity 
 receiving all and every the fees, profits, advantages, emoluments, of qtiebecV'" 
 commodities, and appurtenances whatfoever due and belonging to 
 the faid office of Vice-Admiral, Commiffary, and Deputy in our 
 faid province of Quebec, and territories depending thereon, and 
 maritime parts of the fame and adjoining to them whatfoever, 
 according to the ordinances and Aatutes of our high court of 
 admiralty in England. 
 
 And we do hereby remit and grant unto you, the aforefaid James TowhatpUcek 
 Murray, Efquire, our power and authority in and throughout our [ars^jSJifliAioa 
 province of Quebec afore-mentioned, and territories thereof, and ""*" """'*• 
 maritimp parts whatfoever of the fame and thereto adjacent, and 
 alfo throughout all and every the fea-jhores, public jireams, ports, 
 frejh-ivater rivers, creeks, and arms as loell of the fea as of the 
 rivers and coafls whatfoever of our faid province of ^ebec, and 
 territories dependent thereon, and maritime parts whatfoever of the 
 fame and thereto adjacent, as well within liberties and franchifes 
 as without; xo izkt cognizance of, and proceed in, all caufes f/w/J«wh««»ufl«. 
 
 P and 
 
 m- 
 
 ^m 
 
 
 m 
 
1. J V\ 
 
 ''H 
 
 !' ;■;: 
 
 P' 
 
 9ttwttn what 
 •ptt(on$. 
 
 [ 114 ] 
 
 and maritime^ and in complaints^ contradls^ offence^ or fuJ^eSled 
 offencest crimes^ pleas^ debts, exchanges, accounts, charter-party s^ 
 agreements, fuits, trefpaffes, injuries, extortions, and demands, and 
 bujinejs civil and maritime whatfoever, commenced or to be com- 
 menced between merchants, or between owners and proprietors of 
 ihlps and other veffels, and merchants or others whomfoever with 
 fuch owners and proprietors of fliips and all other veflcls whatfoever 
 employed or ufed within the maritime jurifdidion of our vice- 
 admiralty of our faid province of Quebec, and territories depending 
 on the fame, or between any other perfons whomfoever, had, made, 
 begun, or contraded for any matter, thing, caufe, or bufinefs 
 Avhatfoever, done or to be done within our maritime jurifdidion 
 aforefaid, together with all and fmgular their incidents, emergencies, 
 dependencies, annexed or connexed caufcs whatfoever or howfoever; 
 and fuch caufes, complaints, contracts, and other the premifcs 
 above faid* or any of them, which may happen to arife, be con- 
 traded, had, or done, to hear and determine according to the rights, 
 Aatutes, laws, ordinances, and cudoms anciently obferved. 
 
 And moreover, in all and fingular complaints, contrads, agree- 
 ments, caufes, and bufmeffes, civil and maritime, to be performed 
 beyond the fea, or contraded there, howfoever arifing or happening; 
 and alfo in all and lingular other caufes and matters, which in any 
 manner whatfoever touch or any way concern, or anciently have and 
 do, or ought to, belong unto the maritime J urifdidion of our afore- 
 i faid vice- admiralty in our faid province of Quebec, and territories 
 
 thereon depending, and maritime parts thereof and to the fame 
 adjoining whatfoever J and generally in all and fingular all other 
 caufes, luits, crimes, offences, excelfes, injuries, complaints, mif- 
 demeanours, or fufpeded mifd:meanours, trefpaH'es, regrating, fore- 
 ilalling, and maritime buiinelTcfi whatfoever, throughout the places 
 aforefaid within the maritime jurifdidtion of our vice-admiralty of 
 our province of Quebec aforefaid, and territories thereon depending, 
 by fea or water, or the banks or (hores of the fame, howfoever 
 done, committed, perpetrated, or happening. 
 
 jJry'^ffu'ch'^'' And alfo to enquire by the oaths of honeft and lawful men of 
 nutters as of Qur faid provincc of Quebec, and territories dependent thereon, and 
 I'iiienUaw. aL maritime parts of the fame and adjoining to them whatfoever, 
 "otee'nJuiS dvvelling both within liberties and franchifes and without, as well 
 
[ «'S ] 
 
 of all and fingular fuch matters and things which of rieht, and by 
 the ilatutes, laws, ordinances* and culloms anciently obferved were 
 wont and ought to be enquired after, as of wreck of the fea, and *i?^f« *«j'' '^ 
 of all and fingular the goods and chattels of whatfocver traitors, f,"S^fji°*„',"!' 
 pirates, manflayers, and felons howfoever ofTending within the 
 maritime jurifdidtion of our vice-admiralty of our province of 
 Qnebec afore-mentioned, and territories thereunto belonging, and 
 of the goods, chattels, and debts of all and fingular their main- 
 tainers, acccifaries, counfcllors, abettors, or aiMants whomfoever. 
 
 aaJ llir 
 tmitoii 
 
 And alfo of the goods, debts, and chattels of whatfocver perfon «i>J<>fei.f «oo.«i 
 or pcrfons felons of themfelves, by what means or howfoever rhenul'uc*!* 
 coming to their death within our aforefaid ri^ iritime jurifdi<flion, 
 wherelbever any fuch goods, debts, andchatf'.., or • y part thereof, 
 by fea, water, or land in our faid pro' uc. "l " .bee, and terri- 
 tories thereon dependent, and mar.'aiiV. ;).\ri; >r the fame and 
 thereto adjacent whatfocver, as well wnli'" '*. n^ -i.nd franchifes 
 as without, have been or (hall be found tV if.:'. I ^. to be forfeited, 
 or in being. 
 
 And moreover, as well of the goods, debts, and chattels of 
 whatfocver other traitors, felons, and manflayers wherefoever 
 offending, and of the goods, debts, and chattels of their main- 
 tainors, accelTaries, counfcllors, abettors, or afliftants, as of the 
 goods, debts, or chattels of all fugitives, pcrfons convidted, attainted, 
 condemned, outlawed, or howfoever put, or to be put, in exigent 
 for treafon, felony, manflaughter, or murder, or any other offence 
 or crime whauoever ; and alfo concerning goods waived, flotfon, ^][P^^^ §°°^J^ . 
 jetfon, lagon, ftiares and trcafure found or to be found; deo-jetfon/ugon, 
 dands, and of the goods of all others whatfoever taken or to be mt^fni olh^ 
 taken as derelid, or by chance found, or howfoever due or to be ^^^i"!^''*!;^ jr™ 
 due; and of all other cafualtics, as well in, upon, or by the fea coan$/or frcih. 
 and (hordes, creeks or coafts of the fea or maritime parts, as in, 7"" [i7/t7dc" 
 upon, or by all frefh waters, ports, public ftreams, rivers, or ""'*'• 
 creeks, or pUces overflown whatfoever within the ebbing and 
 flowing of the fea or high water, or upon the (hores and banks of 
 any of the fame within our maritime jurifdiftion aforefaid, how- 
 foever, whenfocver, or by what means foever arifing, happening, 
 Qr proceeding, or wherefoever fuch goods, debts, and chattels, or 
 
 P 2 other 
 
 'ill 
 
 ■I ' !!: 
 
 ??;<•,' 
 
 m^ 
 
[ "6 ] 
 
 Other the premifes, or any parcel thereof, may or {hall happen 
 to be met with or found within our maritime jurifdidion aforc- 
 faid. .. ,. 
 
 I 
 
 Aifo of anchor- And alfo conceming anchorage, laftage, and ballaft of fhips, 
 ?fft; andfuies' and of fiflies royal, namely, fturgeons, whales, porpoifes, dol- 
 'oy'- phins, kiggs, and grampufles, and generally of all other fifties 
 
 whatfoever which are of a great or very large bulk or fatnefs, 
 anciently by right, or cuftom, or any way appertaining or be- 
 longing to us. 
 
 Powfr to r«- 
 cfive anJ pre- 
 ferve to the 
 King's ufe all 
 'the profits a- 
 bove-mention- 
 
 and all fines iin- 
 pofed by any 
 comt of admi- 
 ralty held in this 
 province, and 
 recognizances 
 forfeited there- 
 
 rC.i 
 
 And to a/k, require, levy, take, colledt, receive, and obtain for 
 the ufe of us, and to the office of our high admiral of Great Britain, 
 aforefaid for the time being, to keep and preferve the faid wreck of 
 the fea, and the goods, debts, and chattels of all and fingular other 
 the premifes, together with all and all manner of fines, mulds, 
 iflTues, forfeitures, amerciaments, ranfoms, and recognizances what- 
 foever, forfeited, or to be forfeited, and pecuniary puniftiments for 
 trefpafles, crimes, injuries, extortions, contempts, and other mif- 
 demeanors whatfoever, howfoever impofed or inflicted, or to be 
 impofed or infiifted, for any matter, caufe, or thing whatfoever in 
 our faid province of Quebec, and territories thereunto belonging, 
 and maritime parts of the fame and thereto adjoining, in any 
 court of our admiralty there held, or to be held, prefented, or to be 
 prefcnted, affefTed, brought, forfeited, or adjudged ; and alfo all 
 amerciaments, iflues, fines, perquifitcs, mulds, and pecuniary punifli- 
 ments whatfoever, and forfeitures of all manner of recognizances, 
 before you or your lieutenant y deputy, or deputies, in our faid province 
 of Quebec, and territories thereunto belonging, and maritime parts 
 of the fame and thereto adjacent whatfoever, happening, or im- 
 pofed, or to be impofed or inflided, or by any means aiTefled, 
 prefented, forfeited, or adjudged, or howfoever, by reafon of the 
 premifes, due or to be due in that behalf to us, or to our heirs 
 and fucceflTors. 
 
 andtotak«re- And further, to take all manner of recognizances, cautions, 
 bonS'hcrVoi o^^^S^^^°"s» ^"^ ftipulatious, as well to our ufe as at the inilance 
 the King;s life, ©f any party's, for agreements, or debts, or other caufes whatfoever, 
 wefubjefts:' and to put the fame into execution, and to caufe and command 
 
 ■ ' . !. them 
 
[ "7 3 
 
 them to be executed -, and alfo to arrefi, and can fe and command to'"''^^''?'^''''^ 
 
 , n 1 J- 1 • M , • . 1 1 • ^ execution upon 
 
 be arrejtedy according to the civil and maritime laws and ancient then,; and to 
 cuftoms of cm- faid court, all ihips, perfons, things, goods, wares, go'^d/'Xdper- 
 and merchandizes, for the premifes, and every of them, and for fj!Jfi/°;j^.i';h"Jf* 
 other caufes whatioever concerning; the fame, wherefoever they ^hc mamimt 
 fhall be met with or found throughout our faid province of Quebec,^"" 
 and territories thereunto belonging, and maritime parts thereof 
 and thereto adjoining, as well within liberties and franchifes as 
 without ; and likewife for all other agreements, caufes, or debts, 
 howfoever contracted or arifing, fo that the goods or perfons may 
 be found within our jurifdidion aforefaid. 
 
 And to hear, examine, difcu^?, and finally determine the fame, and to hear ana 
 with their emergencies, dependancies, incidents, annexed and fatd™ifo,'witii 
 connexed caufes and bulineffes whatfocver; together with all other P^^^f^'^^^^"^^'^*^"^ 
 caufes civil and maritime, and complaints, contrails, and all and 
 every the refpedive premifes whatfoever above-expreffed, according 
 to the laws and cuftoms aforefaid, and by all other lawful ways, 
 means, and methods, according to the beft of your fkill and 
 knowledge. 
 
 And to compel all manner of perfons in that behalf, as the cafe and to compel 
 fliall require, to appear and to anfwer, with power of ufing any pelr"anaanf' 
 temporal corredion, and of infliding any other penalty, or muld, ^"*''" 
 according to the laws and cufloms aforefaid. 
 
 ■ ta 
 
 And to do and adminifter juftice according to the right order 
 and courfe of the law, fummarily and plainly, looking only into 
 the truth of the flids. . , . ^ 
 
 And to fine, corred,. punifli, chaflife, reform, and to Imprilbn, andtofineand 
 and caufe and command to be imprifoned, in any gaols, being anyorihcRaoU 
 within our province of Quebec aforefaid, and territories thei'eujito [)Jg'p^^,.P[^°^^^^^^ 
 belonging, the parties guilty, and the contemners of the law and i^Hbet-jund 
 jurifdidion of our admiralty aforefaid, and violaters, ufurpers,^""^' 
 delinquents, and contumacious abfenters, mafters of fliips, mariners, 
 rowers, fifhermen, fhipwrights, and other workmen and artificers 
 whatfoever, exeicifing any kind of maritime affairs, according to 
 ., the 
 
[ "8 ] 
 
 MjjuiiS t^^<^ rights!, ftatutes, laws, and ordinances, and cuftoms anciently 
 tiompriron'pci-obfervcd ; and to deliver and abfolutely difcharge, and caul'e and 
 for'i'i™fjm'c"'' command to be difcharged, whatfoever perfons imprifoned in fucli 
 « be Sf"^"' cafes, who are to be delivered. • 
 
 tlurged; 
 
 amitoprefcrve ^^j (q prcferve, or caufe to be preferved, the public fl reams, 
 
 public ftreams, . t ' r i/- •!• 
 
 ports, and pofts, fivers, ireih waters, and creeks whatfoever, within our 
 maritime jurifdiilion aforefaid, in what place foever they be in our 
 province of Quebec aforefaid, and territories thereunto belonging, 
 aiid maritime parts of the fame and thereto adjacent whatfoever, 
 as well for the prefervation of our navy royal, and of the fleets and 
 veflels of our kingdom and dominions aforefaid, as of whatfoever 
 filhes increafing in the rivers and places aforefaid. 
 
 And alfo to keep, and caufe to be executed and kept, in our faid 
 province of Qjiebec, and territories thereunto belonging, and 
 maritime parts thereof and thereto adjacent whatfoever, the rights, 
 ftatutesy laws, ordinances, and cudoms anciently obferved. 
 
 And to do, exercife, expedite, and execute all andfingular other 
 things in the prcmifes, and every of them, as they by right, and 
 according to tne laws and flatutes, ordinances and cuiloms aforefaid, 
 (hould be done. 
 
 •■)' u 
 
 andtoteform And moreovcr, to reform nets too clofe, and other unlawful 
 
 doV, and otha engines or inftruments whatfoever for the catching of fiihes where- 
 
 "rnes*for catch. ^°'^^®''» ^V ^^^* ^^ pubUc ftrcams, ports, rivers, frefh waters, or 
 
 ?«gfiih; creeks whatfoever, throughout our province of Quebec aforefaid, 
 
 and territories depending thereon, and maritime parts of the fame 
 
 and thereto adjacent, ufed or exercifed within our maritime juiif- 
 
 didtions aforefaid wherefoever. 
 
 ! 
 
 And to punifti and correft the cxcrcifcrs and occupiers thereof, 
 
 and cuftoms afore* 
 
 «Ad to punifli 
 
 Si oA°emf* according to the ftatutes, laws, ordinances. 
 
 faid. 
 
 «nd to pro« 
 nouncc fen- 
 tences in all 
 caufes reUiing 
 to the Tea, and 
 put the famcia 
 VKccvtion : 
 
 And to pronounce, promulge, and interpofe all manner of 
 fentences and decrses> and to put the fame in executidn ; with 
 
 co^nizajicc 
 
C "9 ] 
 
 cognizance and jurifdidlion of whatfoever other caufes, civil and 
 maritime, which relate to the fea, or which any manner of ways 
 refpedt or concern the fea, or pallage over the fame, or naval or 
 maritime voyages, or our faid maritime jurifdidlion, or the places 
 or limits of our fiid admiralty, and cognizance afore-mgntioned, 
 and all other things done or to be done. 
 
 Wi h power alfo to proceed in the fame, according to the 
 datutes, laws, ordinances, and cuftoms aforefaid anciently ufed, 
 as well of mere office mixt or promoted, as at the inftance of any 
 party, as the cafe fhall require and feem convenient : and likcwife 
 with cognizance and decifion of wreck of the fea, and of the 
 death, drowning, and view of dead bodies of all perfons howfo- 
 ever killed. Or drowned, or murdered, or which (hall happen to be 
 killed, drowned, or murdered, or by any other means come to 
 their death in the fea or public dreams, ports, fre(h waters, or 
 creeks whatfoever, within the flowing of the fea and high-water 
 mark throughout our aforefaid province of Quebec, and territories 
 thereunto belonging, and maritime part of the fame and thereto 
 
 acent, or elfewhere within our maritime jurifdidion aforefaid. 
 
 and to proceed 
 ill thcfaiilcauftl 
 as well of mere 
 ofTitc as at the 
 illftallcc of 
 partioi : 
 
 and to have cog- 
 nijame of wreck 
 of the fea, and 
 view of dead 
 bodies of perfons 
 coining to their 
 deaths upon tkc 
 fea or within 
 the maritime 
 jurifJitlion : 
 
 V*! 
 
 Together with the cognizance of mayhem in the aforefaid^'."! to''" « cog- 
 places, within our maritime jurifdidtion aforefaid, and flowing of mayhem within 
 the fea and water there happening; with power alfo of punifliingju^rjfji'^l'J^^ 
 all delinquents in that kind according to the exigences of the law 
 and cudoms aforefaid. 
 
 And to do, exercife, expedite, and execute all and Angular pthcr 
 things which in and about the premifes only fliall be neceiTary or 
 thought meet, according to the rights, ftatutes, laws, ordinances, 
 and cuftoms aforefaid. 
 
 nccrs. 
 
 With power of deputing and furrogating in your place for the rower to m»ke 
 premifes one or more deputy or deputies^ as often as you (hall 2f"puties?and to 
 think (it; and alfo with power from time to time of naming, ap-wo'n'Wiov 
 pointing, ordaining, afligning, making, and conftituting what-" 
 foever other neceifary, (it, and convenient ofliccrs and minifters 
 under you for the faid oflRce and execution thereof in our faid pro- 
 vince 
 
[ 
 
 lao 
 
 vincc of Quebec, and territories therr.urto bclonp^inr', and maritime 
 parto of the fame and thereto adjacent wliatlbevc, 
 
 Saving •Ii? right 
 ot'thclu,''ln'!jiiit 
 of 
 
 Saving always the right of our high court of admiralty of 
 .fudmiriiiy E>2^land, and alPj cf the judre and reviflrar of the faid court, 
 aiui regiiirar irom whom, or either ot them, it is not our intention in any 
 faving*the"ry,t thing to dcrogatc by thefc prefents ; and faving to every one 
 of appealing" ^yj^Q (i^aij jjg wronged or grieved by any definitive fentence or 
 itntcnccof the interlocutory, decree wnich Ihall be given ;/; the 'Vice-adnnralty 
 adniMtyTt'^" court of Qur provlncs of ^ebec aforefaid, and territories thereunto 
 Quebec. belonging, the right of appealing to our aforefaid high court of 
 admiralty of England. 
 
 Provifo that the Providcd ncvcrthelefs, and under this exprefs condition, that if 
 
 vicc-admiral , /•/-■it -x it t^ r • y-> • /-> i , 
 
 (hall yearly ccr- you, the aforcfaid Jamcs Murray, Llquire, our Captain General and 
 
 SofhhofficeGovernour in Chief, (hall not yearly (to wit) at the end of every 
 
 hid?n°h^'"^' year, between the feafts of St. Michael the archangel and All Saints, 
 
 tothejudgeot duly certify, and caufe to be cffedually certified (if you fhall be 
 
 stlii'^rahyT thcrcunto required) to us, and our lieutenant official, principal, 
 
 and commiflary general and fpecial, and judge and prefident of the 
 
 • high court of our admiralty of England aforefaid, all that which 
 
 from time to time by virtue of thefe prefents you fliall do and 
 
 execute, cclledl:, or receive in the premifes, or any of them, 
 
 together with your full and faithful account thereupon, to be made 
 
 in an authentic form, and fealed with the feal of our office 
 
 j^" J "p^n'Jffauit remaining in your cuftody, that from thence and after default 
 
 thcfe letters pa- therein thefe our letters patent of the office of vice-admiralty 
 
 aforefaid, as above granted, (hall be null and void, and of no force 
 
 or effisdl. 
 
 tent (hall be 
 void, 
 
 JndSarV?'^'' Furthef we do, in our name, command all and fingular our 
 fubefts°whTtfo- S°^^''"°^^'^^» j^ft'ces, mayors, IherifFs, captains, marfhals, bailiffs, 
 ever, are en- kccpcrs of all our gaols and prifons, conftables, and all other our 
 anift^g°o*the officers and faithful liege fubjedls whatfoever, and every of them, 
 yjf;*f™i"'?"'* as well within liberties and franchifes as without, that in and about 
 
 Ills ucpUiics in rf*i •/• I /*< t 
 
 the execution of the cxccutiou of the prcmifcs, and every of them, they be aiding, 
 favouring, affifting, fubmiflive, and yield obedience in all things as 
 is fitting to you, the aforefaid James Murray, E^qi'lre, our Captain 
 General and Governour in Chief of our provirce of Quebec afore- 
 faid. 
 
 tbii office. 
 
■'. '^-v'-jT'"* r"'^'".'! 
 
 r 121 ] 
 
 faid, and to your deputy wbomfoever, and to all other officers by 
 you appointed, and to be appointed, of our /aid vice-admiraUy in 
 our province of^ebec aforefaid, and territories thereunto belonging, 
 and maritime parts of the fame and thereto adjoining, under pain 
 of the law, and the peril which will fall thereon. 
 
 Given at London in the high court of our admiralty of England 
 aforefaid, under the great feal thereof, the nineteenth day 
 of March in the year of our Lord one thoufand feven 
 hundred and fixty-four^ and of our reign the fourth. 
 
 ■<;•! 
 
 (Signed) 
 
 ■■■■ f ..^K A .1 
 
 GODF. LEE TARRANT,. 
 
 R^giftrar. 
 
 . i. 
 
 
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 N U M B E R 
 
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NUMBER XH.': ' ^ 
 
 1"! 
 
 C O M M I S S I O N 
 
 i>) 1/ n ■ 3 
 
 O P 
 
 LIEUTENANT GOVERNOUR. 
 
 m 
 
 m 
 
 ''i'\ 
 
 G E O R G E R. 
 
 GEORGE the HHIKD, by the Grace of God, King of Great Britain^ 
 France, and Ireland, Defender of the Faith, and fo forth ; 
 ' T'o our trujiy and well-beloved Guy Carleton, Efquire, 
 Greeting : 
 
 JW.;.:- 
 
 ,l.t~.''t' 1 ',1 
 
 Appointment of \X7 E, rcpofing efpeclal truft and confidence in your loyalty, in- 
 Ef^; tobeLit'u- tcgrity, and ability, do, by thefe prefents, conftitute and 
 
 ■o"ur"o anr'^ro- ^ppo^^^^ J^^ ^^ ^^ o^^ Licutcnant Governour of our province of 
 vince of Quebec Quebec, in America } to have, hold, exercife, and enjoy the faid 
 Kinl^-rpUafure. place and office during our pleafure, with all rights, privileges, 
 profits, perquiiitesj and advantages to the fame belonging or ap- 
 pertaining. 
 
 JKuthoi'ity ta 
 exercife ttie 
 powers contain- 
 ed iu the com- 
 miflion of Go- 
 vernonrinC^iief 
 in cafe af the 
 Jeath, or durinn 
 the ibfence of, 
 the governour. 
 
 Command to all 
 eliiccrs, mini- 
 fters, and other 
 fubjeAi t* yield 
 4ue obedience to 
 kin. 
 
 And further, in cafe of the death, or during the abfence, of our 
 captain general and governour in chief of our faid province of 
 Quebec, now, and for the time being, we do hereby authorize and 
 require you to exercife and perform all and fingular the powers and 
 directions contained in our commiflion to our captain general and 
 governour in chief, according to fuch inftruAions as he has already 
 received from us, and fuch further orders and rnftrudlions as he, or 
 you, fhall hereafter receive from us. % 
 
 • 
 And we do hereby command all and fingular our officers, 
 miniders, and loving fubjeds in our faid province, and all others 
 
 '•• I ' V: ". -' whom 
 
.^i-j'T-V 
 
 
 N 
 
 JR. 
 
 C "3 J 
 
 whom it may concern, to take due notice hereof, and to give their 
 ready obedience accordingly. 
 
 ■. cl M 'J ^'1 
 
 Given at our court at St. James's, the feventh of April 1766,, 
 in the fixth year of our reign. 
 
 M 
 
 By his Majefty's command. 
 
 ^/ 
 
 (Signed) H. S. CON WAT.. 
 
 Guy Carleton, Efquire, L,ieutenant Governour of Quebec. 
 
 Britain,. 
 
 J forth i 
 
 Efquire, 
 
 ralty, in- 
 tute and 
 )vince of 
 
 the faid 
 irivileges, 
 
 y or ap- 
 
 e, of our 
 )vince of 
 rize and 
 ers and 
 ral and 
 s already 
 las he, or 
 
 Entered as follows.. 
 
 Entered at the Treafury. " i*\ .v .^^n^'V 
 
 ; (Signed) THQs. TOMKYNS, - : 
 
 '.>>-.' ■%i i 
 
 Entered in the office of the Lords Commiflioners. 
 for Trade and Plantations. 
 
 ■ ;■•.• -^ ;.,......• , ., - - r 
 
 - -yxi-.nwt /*ii,: Tfir i '■.••''■ '. ■'; 1 :..•'■■ -IP '...•;••;-•; -.in^' 
 .it/; ^TJ^'/ri'? J.!i ;c(t ;r.." .-^ '" •■ "' ' '" '"■'' -^ .r 1^2 y. uov /.,;'[.''■'' 
 
 . > - .. » - 
 
 ■X '■ 
 
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 >.'■■■ i|C» 
 
 "^ .. . •»» 
 
 \t:. 
 
 
 officers, 
 111 others 
 whom 
 
 <L» 
 
 . . .•:\ • V a 
 
 NUMB fi-^ft.' 
 
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 N u 'm n E R ' xiu. 
 
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 TI 
 
 be Kikg's mandate to the Gorernour, or 
 
 'Commander in Chier, of the Prpvmce of Qjjedec, 
 requiring him to appoint Will.i^am Hey, Efquire, 
 Chief Juftice bf the faid Province. • 
 
 GEORGE R. 
 
 •'•) 
 
 ' ' • 
 
 TR U ■§ T Y and well-beloved, wc greet you well. Whereas we 
 have taken into our royal confideration the loyalty, integrity, 
 and ability of our truily and well-beloved William Hey, Efquire, 
 we have thought fit, hereby, to authorize and require you forthwith 
 to caufe letters patent to be palTcd under the feal of our province of 
 Quebec, in America, conftituting and appointing him, the faid 
 William Hey, our chief juftice of, and in our faid province, to 
 have, hold, exercife, and enjoy th^ Hiid office unto him the faid 
 William Hey, for and during our pleafure and his refidence -^'ithin 
 our faid province, together with all and Angular the rights, profits, 
 privileges, and emoluments unto the faid place belonging, in the 
 moft full and ample manner, with full power and authority to hold 
 the fupreme courts of judicature at fuch places and at fuch times as 
 the fame may and ought to be held within our faid province. And 
 for fo doing this fhall be your warrant. And fo we bid you 
 fiarewel. "-'''^ --' '■ - "'" - - •'■•'•'' ^■•>v.' -i, .r^/. ■.!:;:!. 
 
 Given at our court at St. James's the third day of February 
 1 766, in the fixth year of our reign. 
 
 ;;' ' '" '" By his Majefty's command. 
 
 • - "■ (Signed) H. S. CONWAY. 
 
 To our trujiy and well-beloved James Murray, Efquire ^ 
 »ur Captain Genera/ and Governour in Chief in and over 
 our province of ^ebec, in America ; andy in his abfence, 
 to the Commander in Chief of our faid province for the 
 4ime being* 
 
 COMMISSION 
 
 7 
 
 .^jL^^t&aa 
 
C »«i 1 
 
 COMMISSION of the CHIEF JUSTICE. 
 
 :(■■ ,ff (.i • •,A^;- i.I ci'-' 
 
 
 J- ' OOEBEC ff. 
 
 I GkORGE the THlkD, By i$2 Grace ofGody-of Great Britain, 
 
 \iy,iFrance» and Ireland ^ King^ Defender of the Faiths andfoforth\ 
 
 ...-.yfto our trnjiy and iwrll Letoved William Hey, Effuire^ 
 
 * \^'-ii^reeting: ' : ' - • -•- - • • ...-,. :..:... \.:\\ 
 
 T7*N0'W ye, that \^e, having taken into our royal confideratlon 
 •■^ your loyalty, integrity, and ability, have afligned, conftituted, 
 and appointed,, and we do hereby aflign, conftitute, and appoint 
 you, the faid VVilHam Hey, our Chief Juftice of and in our pro- p"""'?!"",.'* 
 vincc ot C^ebec, in Americaf, to enquire, by the oaths or horjeftofthepwvinc* 
 sand lawful men of the province aforefaid, and by other lawful ways, po^tHn- 
 mcthods, an'l means, by which you can or may the better know, 2"^« °^"*J|[5^- 
 as well within liberties as without, of whatfoever treafons, mif- wa oth* «if. ' 
 prifions of trcafon, infurreftions, rebellions, murders, felonies,*"***' 
 homicide^, killings, burglaries, rapes of women, unlawful con- 
 gregations and afleinblies, words fpoken, mifprifions, confederacies, 
 falfe allegations, trefpafTes, riots, routs, e(capes, contempts, 
 falfities, negligencies, concealments, maintenances, oppreiiipns» 
 champarties, deceits, and other mifdoings, offences, and injuries 
 whatfoever ; as alfo of the acceffaries thereto within the province 
 aforefaid, as well within liberties as without, by whomfoever and 
 howfoevcr had, done, perpetrated, or committed, or which here- 
 after may happen to be done, perpetrated, or committed, and by 
 whom, to whom, when, where, and how, and of all other articles 
 and circumftances the premifes, or any of them, any wife con- 
 cerning : and the faid trealbns- and other the premifes to hear and ^^^''^^f^^J^ 
 determine, according to the laws and cuftoms of that part of Great mine, according 
 Britain called England, and of our faid province of Quebec here- EngUnra^afhe 
 after to be made. 
 
 Therefore we command, that at fuch certain days and places as 
 
 you lliall appoint, you make diligent inquiry of the premifes j and 
 
 all and lingular the premifes you hear and determine -, and the fain« 
 
 :, do 
 
 ordinaaceii of 
 the province 
 hereaftir to k« 
 
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 do and fulfil in form aforefaid, doing therein that which to juftice 
 doth belong or appertain, according to the laws andcufloms of that 
 
 J)art of our kingdom of Great Britain called England, and of our 
 aid province of Quebec hereafter to be made } faying to us our 
 amerciaments and other things thereby to us belonging : for we 
 will command all and every our fheriffs and provofl-marfhal of 
 our province aforefaid, that at fuch certain days and places as you* 
 our chief juftice, ihall make known to hini, them, or any of tliemv 
 they caufe to come then and there before you fuch and fo many 
 honefl and lawful men of our faid province, as well within liberties 
 as without, by whom the truth of the matter may be the better 
 known and inquired of. 
 
 IZrofrik" And further know ye, that we have afligned, conjlltuted, and 
 «rs th«rcm cob- appointed, and by thde prefents do aflign, conflitute and appoint 
 you, the faid William Hey, our gaol of our province aforefaid of 
 the prifpners therein hereafter to be to deliver. And therefore we 
 command you that, at fuch certain days and places as you fhall 
 appoint, you come to our court-houfe of our faid province th6 
 gaol in our faid province of the prifoners- hereafter therein to be to 
 deliver, doing therein what to juftice doth, or may, belong or 
 appertain, according to the laws and cuftoms of that part of our 
 kingdom of Great Britain called England, and of our faid province 
 of Quebec hereafter to be made ; faving to us our amerciaments 
 «nd other things thereby to us belonging ; for we will Command 
 all and every our flieriffs and provoil-marftial of our faid province 
 of Quebec, that, at fuch certam days and places as you, our faid 
 chief jufticc, fhall make known to him, them. Or any of them, 
 they caufe to come then and there before you, our faid chief 
 juftice, all the prifoners of the fame gaol and their attachments. 
 
 towtr to ^«r 
 inj Jtf ermine 
 alt civil Ai'tl 
 
 And further know ye, that we have afligned, conftituted, and 
 appointed, and by thefe prefents do afilgn, conftitute, and appoint 
 ^h«''her°rf*i, vou, the faid William Hey, our Chief Juftice of our fiipreme court 
 I^'ixt."cithc'r be- of judicature of our laid province of Quebec, to inquire, by the 
 '*""'''*'^''? ^^^^^ of honeft and lawful men of the province aforelliid, and by 
 tirtuecn htuui other lawful ways, methods, and means by which you can or may 
 .nuiuMrift. ^^^ better know, as well within liberties as without, of all civil 
 plcis, adions, and fuits, as well real and perfon.il as mixed, be- 
 tween 
 
juftlce 
 )fthat 
 dF our 
 18 our 
 ■or we 
 hal of 
 IS you» 
 ■ tliem» 
 ) many 
 iberties 
 better 
 
 :d, and 
 appoint 
 ifaid of 
 fore we 
 >u (hall 
 ice the 
 to be to 
 long or 
 of our 
 rovince 
 liamehts 
 mm and 
 rovince 
 ur faid 
 them, 
 chief 
 nts. 
 
 \d, and 
 ippoint 
 le court 
 by the 
 md by 
 )r may 
 \\ civil 
 |d, be- 
 tween 
 
 ivfetriiii itiA aii^ 6f our fubjefls, or bfefwfce*t palrty #fta ^(fi ^ 
 whomfoever had, brought, fued, arid coriirfienced, and dt i»fl other 
 articles and circumflanpes the premifes, or any of them, any wife 
 concdrnins; : and the fard pleias, anions, dnd fiiits, aftd ifv'e^ of 
 ihem, to near and determini in manner arid form aforifafrf, a6?n|[ 
 ihcreinf that v^hich to juftFte doth beldt^^ and appertai'ri kftiWihfe W 
 <he laWs and cuftom* 6f ^hat part of dtir kirfgtfoW of Oirtat fifl&?H 
 called England, and the laws, ordinances, rules, and regiilk'ti&iVtf 
 of our f^id province of Que^eg hereafter in that behalf to be or- 
 dained and made. 
 
 Thertfforfe ^e cohim^nd you, thaiti at fuch CtrfeM (J^ys and cenmi «>»- 
 places as you^ fhalt appbint, you iriafce dfli^eHf ifidiiiVy^'of the i:,!!:? C?t* 
 prcmifes ; and all and fii^ula* tlie prerfiilti^ to h^ aM determine ^'^J^^' "** 
 in manner and form afbrelalid j doing tHet-eftt tha'i VhSiilT td julHce'** 
 il )th belbng or Appertain, idcotdi'ng to thelavt^s and ttiftAWri of that 
 jart of our kingdom pf Great Britain called England, and the 
 aws, ordinances,- rtiles, ' and i^gulations of our- feid province of 
 Quebec hereafter in that behalf to be made ; for we will command 
 all and every our flierifFs or provoft-marftial of our prbvince afore* 
 faid, that at fuch days and places a^ you, our faid chief juflice^ 
 (hall make known to him, them, or any of them, they caufe to 
 come then and there before you fuch and fo many honed and lawful 
 men of our faid province, as well within liberties as without, by 
 whom the truth of the matter may be the better known. 
 
 To have, hold, and exercife the faid office of our chief juftice of tm* office to tw 
 and in our, faid province of Quebec, for and during our royal will KinjT"pi"ffuIl 
 and pleafure and your refidence within our faid province ; together '"^j^J.";'^!!);;^ 
 with all and lingular the rights, profits, free privileges, and emolu- 'i«"C': ■» '!»• 
 ments to the faid office belonging, * in as full and ample manner as p'^'""""* 
 any other chief juftice of any of our provinces in America hath 
 heretofore held and enjoyed, or of right ought to have, hold, or 
 enjoy, the fame, with full power and authority to hold the fuprcme 
 
 • Quere, Whether It would not have been better to leave out thefe words, " in as 
 '\f III/ and ample manner as dny other chief juftice of any of our provinces in America 
 " hath heretofore held and enjoyed, or of right ought to have, hold, or enjoy, the fame," 
 which refer to all the provinces in Am'jrica without fpecitying any one in particular, as 
 being too vague and geaetal, and tending to produce coiiiuiioii rathtr than certainty. 
 
 courts 
 
 *,» 
 
courts of judicature at fuch places and times as the ikii&e may or, 
 ought to be held within our laid province. 
 
 .1 
 
 In teftimony whereof we have caufed thefe our letters to be 
 made patent, and the great feal of our faid province of Qu^ebec to 
 be hereunto affixed, and to be entered on record in one of the 
 books of patents in our regiftcr*s office of inrollments of the faid 
 province. . i,.,,. ,;.r.., ^^u.uvlt-- .^■■■, . ' : 
 
 ,,'l)i':iUi ['■:>'.'. f 
 
 • ■ ii 
 
 ■ I • 1 < • - 
 
 ■•I I 
 
 Witnefs our trufty and well-beloved the honourable Guy 
 Carleton, Efquire, our Lieutenant Governour and Com- 
 mander in Chief in and over our (aid province of Quebec, and 
 ^ , the territories thereon depending in America, atourCaftle 
 .,,j .^ of St. Le^yis. in our city of Quebec, the twenty-fifth 
 ', -i,. day of Sieptember in the year of ourLord one thoufand feven 
 .:[j hundred and QjUy-Hx, and in the fixth year of our reign. 
 
 iJ'itiL(^- L.SJ"^"" '(S^n^d)'"'^ GUY CARLETON. 
 
 *'. -txiz .' . -> 1'. ' 
 
 
 ».vi?. i J <o 
 
 By, the lieutenant-governour^s command. 
 . ■ n (Signed) J. GOLDFRAP, 
 
 li"ir-;') ': • , , 'l/-;'.;; I>. Secretary. ,i ,_j. ^,,. ,j^ ,^_i_,.^ ^,^ . 
 M-'^nd hi n U'j'VC 'Wilt 6. h r. ;"\>:il Luv L>i^t}:| r^iv . J ij:: ( . j : -':^/i. > 
 f .-Wvirli • FIAT of the within Commiflion. I -i' ' > i- ■ 
 
 iki -i \i. I »' 
 
 Recorded in the Regiftcr's Office at Quebec the 25th day of 
 September 1766. 
 
 (Signed} J. GOLDFRAP, D. Regiftrar. 
 
 i"./ : 
 
 -. i. .i\z .' ..; ,.' 
 • r'-.i i It ){■ 
 
 
 1 -,♦'•* 
 
 .( 
 
 I .:. ■^■ 
 
 ■' ■■ 1 ' J, • :..•■■"'?''. 
 
 ;••- 'I.., 
 
 ..if:.:i --..I C' 
 
 .<- 
 
 NUMBER 
 
f '29 J 
 
 N U M B E i^ 
 
 XIV. 
 
 COMMISSION of ATTriDxT.., 
 
 Of ATTORNEY GENERAL. 
 
 QUEBEC (T. ' 
 
 Prance, „„, /..W^'^f ^:r,^^^^ ^-^^'W». 
 
 faid Frands AlafeVj'/^i!'^^' ^""^ ^"J^X the faid office unf« >,• t. 
 •nd enjoy .he^fM"cffiU? °"^ ^''^ ^^''^bee Ifl/r'd^h' VolJ 
 
 In teftimony wherenf ,.,- i. P^"='ty- 
 
 ■"'de patent, and ™"lrfed"'r ''"'^^ "«'■« ™r letters t„ ^ 
 
 - ^xir!rAeS"- "nt-dT-:SA ?o 
 
 «" raid province/"'"" '" °" "S'""'* office of Slme'„"t°:i 
 
 R 
 
 Wiinefs 
 
 ■Tf- 
 
 #11 
 
 J 'J 
 
 i*' r4m'.\ 
 
I 130 ] 
 
 Witnefs our tnifty aqd well-beloved the Honourable Guy 
 Carleton, Efquire, our Lieutenant-Governour and Com- 
 mander in Chief in and over our faid province of Quebec, and 
 the territories depending thereon in America, at our Caftio 
 of St. Lewis in our city of Quebec, the twenty-fifth 
 day of September in the year of ourLord one thoufand fevQu. 
 hundred and fixty-fix, and in the fixth year of our reign. 
 
 (Signed) GUY (L.S.) CARLETON. 
 
 By the lieutenant-governour's command* 
 
 (Counterfigned) J. GOLD FRAP, 
 
 D. Secretary. 
 
 J . Jilt.:'. 
 
 
 ? / • f 
 
 ■t^:'V-. 
 
 FIAT. 
 
 -\i. 
 
 \'i 
 
 ■ U^ 
 
 Recorded in the Regifter's Office at Quebec the a5th day ot 
 " September 176&. 
 
 -" . •: (%necl) J, GOLDFRAP. D.Regiftrar. 
 
 hi, 
 
 *:'■■ 
 
 {■ 
 
 ...f : ,■ 
 
 ' .'-'-,•,». 
 
 
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 :: -n.,;. .;>: •. t;-;., '■ ■; V':l ^^ 'i .I'J.i;! 
 
 I: 
 
 
 ti; '.ii; 
 
 
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 -;■ .j/.. vli^'jt: ■; : :i i wsi .-''..1 .: ■ L '. .:'■ '-■ \ '.) i ' , 
 
 .:; ,. i-.; iv 
 
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 ^*!rl:! 
 
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 .! '» 
 
 >» 
 
 NUMBER 
 
I iit ] 
 
 NUMBER XV. 
 
 . 1 • ( w' 
 
 .::;.};.([ 
 
 • •/••) .'^f'' T) Uvrr-.r > 7 
 
 COMMISSIQN of the PRoVoST MARSHAL. 
 
 GEORGE the 'tMlRb, by the Grace of God, of Great Britaia, 
 France, and Ireland, King,, Di^ender of the Faith, &c. To all t» 
 whom thefe Prefents Jliall come^ Greeting : 
 
 V 4' 
 
 >rii J, 
 
 ill-. 
 
 IT" NOW ye». tjiat wc, for divers good caufes and confiderationsJ^'»°»^^p^., 
 •^ us hereunto moving, of our efpccial grace, certain knowledge, MarihiL 
 and mere motion, have given and granted, and by thefe prefents for 
 u^, Qur t^t^r;^ ^jid fuccelfors, do give and jgrant, uiitor'otir Vriifly and 
 well-beloved Nicholas Turner, Efquire, the office or- place of 
 Provoft Marfhal of our faid province of Canada, and him the AppoiauMmi 
 faid Nicholas Turner, Provoft Marflial of our faid province of 
 Canada, we do, for us, our heirs and fuccefTors, make, ordain« 
 and conftitute by thefe prefents : 
 
 To have, hold, exercife, and enjoy the faid office or place by K»beBdu«i 
 himfelf, or his fufficient deputy or deputies (who fhall be retident 
 in our faid province, and for whom he fhall be anfwerable) during 
 the natural life of the faid Nicholas Turner, with all fees, rights, F"' ""^ *<!• 
 profits, privileges, and advantages whatfoever thereunto belonging, ^'"**"* 
 in as full * and ample manner as any other provoft marfhal of any 
 other our provinces or colonies in North America does hold and 
 enjoy, or of right ought to hold and enjoy, the fame, 
 
 Laftly, we will, and by thefe prefents for us, our heirs andGM^'hY.'^'* 
 fucce^ors, do grant unto the faid Nicholas Turner, that thefe ourg«odtnilwnot- 
 letters patent, or the inrollment thereof, fliall be in and by all Tily^^jS- 
 things good, firm, valid, fufficient, and efFedual in the law; any "<>"*<" «'«'«'^*- 
 omiflion, imperfedlion, defed, matter, caufe, or thing whatfoever 
 to the contrary hereof in any-wifc notwithftanding. 
 
 * This general reference to all the colonies in North America, without mentioning 
 May one of them ia particular, is produflive of doubt aad uncertainty. ^ 
 
 m 
 
 Kl 
 
 ni 
 
 K % 
 
 la 
 
C 13« ] 
 
 In witnefs whereof we have caufed thefe our letters to be mtd^ 
 patent. ., .. 
 
 Witnefs curfelf at Weftminfter the twenty-third day o£ 
 September, in the third year of our reign. 
 
 By writ of privy feal. 
 . ., . (Signed) -, ;. COCKS. 
 
 Thefe are to certify that the foregoing is a true copy from the entry 
 of the original upon record in the office oi the Lords Com- 
 , miflioners for Trade and Plantations.. 
 
 i.> 
 
 Whitehall, (Signed) 
 
 March lil, 1764. 
 
 JOHN POWNALL, 
 
 Secretary, 
 
 'i'-nh\ 
 
 h.\: 
 
 X *■ 
 
 ■;: -t: J' ,A..u . !i 
 
 ''S' .' 
 
 ..\ .'.il -J 
 
 'I ■ 
 
 J • 
 
 '/ , , *■ ) ( . .'i ./ i.i .:'■.■ J I- 1 .11...' , !• 
 
 i > V k, ■ 
 
 ^ ;m:"] '! --i.fJ 
 
 . t ' > ' i . - ' ,■ . / " 1 '! 
 
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 •r .: •/ '.■ ■ , 
 
 ■\, r 
 
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 .1 1 .;' .- '.. 
 
 .t - , ^ i ^ .} ] \ -J.r 
 
 
 ."" i).'-.t:-i': './ •■ ;;. v ", '<i;^ f. 1... -t. it »■; 
 
 11, 
 
 I ! 
 
 ■-i. .1 
 
 ,■1 ; i ,!... 
 
 NUMB E R 
 
<»^ 
 
 t 'S3 J 
 
 N U M B E R XVr. 
 
 ACOMMISSION to be Secretary of the Province 
 of. Canada,, and Clerk of the Council, and^ 
 Commissary or Steward-General of Provifions and 
 Stores, and Clerk of the Inrollments. . . . 
 
 GEORGE the THIRD y by the Grace of God, of Great Britain, 
 France, and Ireland, KJhgy Defender of the Faith, d^c. 7$ all ' 
 to whom thefe Frefents Jliall come. Greeting: 
 
 B E R 
 
 KNOW ye, that we, repofing elpecial truft and confidence in Gram of th* 
 the fslithfulnefs, experience, and ability of our trufty and °ar"!nd liMk ^ 
 well-beloved Henry Ellis, , Efquire, of our efpecial frace, certain °|^Jc„mmini,V • 
 knowledge, and mere motion, have given and granted, and by thefe "*"'''«; s''"^?. 
 
 -9 , . , - ^rr 1 • y and Clerk oi the- 
 
 prelents for us, our heirs and lucceflors, do give and grant unto inroUmeati. 
 the faid Henry Ellis the offices and places of Secretary and Clerk' 
 of the Council of our province of Canada, and of Commiflary or 
 StewardfGeneral of all fuch provifions and ftores as are or Ihall " 
 be from time to time provided and. fent for the forces of us,i 
 our heirs or fucceflbrs, in our faid province, and of Clerk of the 
 Inrollments for the inrolling and regiftering all deeds and convey- 
 ances made and pafiTed in that our province, ,and alfo all bills of fale 
 and letters patent, or other aSts or matters iifually inrolled, or lohich .'< 
 by the laws of that province jhall be directed to be inr oiled. 
 
 And him, the faid Henry Ellis, Secretary and Clerk of the Appomtmcnci 
 Council of our faid province of Canada, and CommifTary or 
 Steward-General of all fuch provifions and ftores as are or {hall be 
 from tirtjre to time provided and fent for the forces of us, our heirs 
 or fucceflbrs, in our faid province of Canada, and Clerk of the 
 Inrollments for inrolling and regiftering of all deeds and convey- 
 ances made and pafled in that our province, and alfo all bills of > 
 fale and letters patent, or other aits or matters ufudly iiirolled, or 
 which by the laws of that our province floall be direded to be- 
 inroHed, we do,make, ordain, and conliitute by thcfe prefents. . 
 
 To 
 
 ,r : 'ov. I. 
 
I! 
 
 'Habetiium. 
 
 fees tnd Ad« 
 
 Tantagcs. 
 
 t m 1 
 
 To have, hold, cxcrcife, ^nd enjoy th^ fald oflices and places unto 
 him, the (aid Henry Ellis, by bimlelf, or his fufficient deputy or 
 deputies (who (hall refide in our faid provi^cq, ar^d for whom he 
 ftiall be anfwerable) for and during the term of the natural lire of 
 the faid Henry E)Hjs, together with all the falarics, fees, profits, 
 perquifitefi, and advantages whatfoever to the faid offices atid places, 
 or any of them, jointly or feverally in. any- wife belonging, orw|:iich 
 are or fhall be eftabliftied or allowed for or in refpeft of the excrcife 
 or execution of the faid offices and places refpedively, in as full 
 and ample manner, to all intents and purpofes, asanf * other 
 fecretary or clerk of the council of any of our provinces in North 
 America does hold and enjoy, or of right ought to hold and enjoy, 
 the fame. 
 
 •i 'I 
 
 imwl'SI"'* Laftly, we will, and by thefe prefents for us, our heirs and 
 fluu be ^ood in fucceffors, do grant unto the faid Henry Ellis, thai thele our letters 
 ftanding*any patent, or the inroUment thereof, fhall be, in and by all things, 
 4rtS^°"'"'S°o^' firm, valid, fufficient, and effedtual in the law, notwith- 
 ilanding any omiffion, imperfcdtionj defedt, matter, caufe, or thing 
 whatfoever to the contrary hereof in any-wife notwithftanding. 
 
 In witnefs whereof we have caufed thefe our letters to be made 
 patent. 
 
 Witnefs ourfelf at Weftminfter the thirtieth day of April, ia 
 the third year of our reign. 
 
 By writ of privy Xeal. 
 
 (Signed) COCKS. 
 
 Thefe are to certify that the foregoing is a true ] > ' ;.- . • 
 ! copy of the entry of the original upon record in ';'. •■ 
 
 the office of the Lords Commiffioners for Trade 
 and plantations. 
 
 (Signed) R I C H ». RO G E R S, Dep. Secretary, 
 Whitehall, March 26, 1764. 
 
 The foregoing is a true copy of the original 
 regiilered and examined by " '" 
 
 J. GOLDFRAP, Dcp. Rcgiflciu 
 
 i. 
 
 * This reference feems very vague and anMrtoii. 
 
[ '35 1 
 
 N U M B E R 
 
 XVII. 
 
 A C O M M I S S I O N under the Public Seal of the 
 Province of Quebec to Captain SCHLOSSER 
 to be a JUSTICE of the PEACE for the Diftrid. 
 of Montreal,, in the faid Province.. 
 
 GEORGE the THIRD, by the Grace of God, King ofGreat.Britaint 
 and the territories thereunto belonging. Defender of the Faith, 
 and fo forth', 2oJohn Schlosser, Efquire, Captain of a. 
 Company in the Firji Battalion of the Royal American Regiment- 
 of Foot, fendetb Greeting :. 
 
 17'NOW all men by thefe our prefent letters, that we have affigned 
 you, John Schlofler,. Efquire, captain of a company in thefirft 
 battalion of our royal American regiment of foot, to be one of 
 our Juftices to keep our peace in our diftritl of Montreal in our 
 province of Quebec,, and to keep and caufe to be kept all ordinances Powei to keep- 
 and ftatutes for the good of the peace and for prefervation of the Jjufftheftatuis 
 fame, and for the quiet rule and. government of our people made, in and ordinane«s 
 all and Angular thdr articles according to the force, form, and effedl ^'' 
 of the fame J and to chaftife and punifh all perfons that offend 
 againft the form of thofe ordinances or ftatates, or any one of them, 
 in the aforefaid diftri(!it, as it ought to be done according to the 
 form oi^ thofe ordinances and ftatutes ; and lO caufe to come before aii to take ft- 
 you all thofe who to any one or more of our people concerning pelc'/orsoo* ; 
 their bodies or the firing of their houfci. havo uicd threats, to find''''"^'*""''- 
 fufficient fecurity for the peace, or thi-u ;,nod behaviour, towards 
 us and our people ; and, if they ihall refuie to hnil lucli fecurity, 
 then them in our prifous, untd thfy lliall iind ilich fecurity, to 
 caufe to be fafely kept. • . 
 
 ,.: , And! 
 
 m 
 
I '36 ] 
 
 .'I h'l 
 
 f'w^s'nfon-" And we have likewife afligned you, in cohjuinSlion with one or 
 oTe or' more morc of thc juilices afligncd to keep our .peace in the diftrift of 
 q"!i<'rotf,'ion"« Montreal aforcfaid in our • province of Quebec, properly by us 
 anaotiicrot- authorlzcd thcreunto, to inquire the truth more fully by the oath 
 
 ffiues by the /•• ?i r/••t^'r\•r\^t i 
 
 oath ot » grand of good and lawful men or the aiorefaid dillrict, by whom the 
 "''"''' truth of the matter (hall be the better known, of all and all manner 
 
 of ftlonies, poifonings, trefpaffes, foreftallings, regratings, and 
 extortions whatfoever j and of all and Angular other crimes and 
 offences, of which the juftices of our peace may and ought law- 
 fully to inquire, by whomfcever, and after what manner foevcr in 
 the faid diftrid: done or perpetrated, or which (hal- >ap* • to 
 be there done or attempted; and alfo of all thofe /no lu he 
 diftri£l aforefaid in companies againft our peace, in difturbance of 
 our people, with armed force have gone or rode, or hereafter (hall 
 prelume to go or ride ; and alfo of all thofe who have there lain in 
 wait, or hereafter {hall prefume to lie in wait, to maim, ©r cut, or 
 kill our people; and alfo of all vidluallers, and all and fmgular 
 other perfons who in the abufe of weights and meafurcs, or in 
 felling victuals againft the form if the ordinances and ftatutes of 
 of England or our faid province of Quebec, or any one of them, 
 therefore made or introduced into our iaid province for the common 
 benefit of our faid province of Quebec and our people thereof^ 
 have offended or attempted, or hereafter {hall prefume in the faid 
 diftridt to offend or attempt ; and of all and Angular articles and 
 circumftances, and all other things whatfoever that concern the 
 'premifes, or any of them, by whomfoever and after what manner 
 foever ii* our aforefaid dillrid done or perpetrated, or which 
 hereafter (hall there happen to be done or attempted in what manner 
 andtoinfptft foever; and to infpedt all indiftments fo before you and one or 
 fotTkend'hcr morc of our faid juftices for our faid diftricl of Montreal, properly 
 ^y formed ""^ by US authorizcd thereunto, taken or to be taken, or before others 
 juftices; late our juftices of the peace in the aforefaid diftrid made or taken, 
 (ndto make and not yet determined ; and to make and continue proceffes there- 
 tCpSffo^upon againft all and Angular the perfons fo indidted, or who before 
 indiiied; you and our other juftices of our diftritft aforefaid hereafter {hall 
 happen to be indidled, until they can be taken, furrender them- 
 anJt.hearaBd^fclves, or be outlawcd ^ and to hear and determine air and {ingular 
 faid f"omes and the fclouies, poifottings, trefpaffes, foreftallings, regratings, in- 
 •theroflcncfs. groflings, extortions, unlawful affemblies, indidmcnts aforefaid, 
 
 and 
 
one or 
 Irid of 
 by us 
 he oath 
 om the 
 manner 
 gs, and 
 nes and 
 jht law- 
 bevcr in 
 ip* • to 
 I 1.A he 
 bance of 
 fter (hall 
 re lain in 
 r cut, or 
 [ fingular 
 es, or in 
 atutes of 
 of them, 
 common 
 p thereof, 
 1 the faid 
 icles and 
 icern the 
 manner 
 r which 
 X manner 
 Id one or 
 properly 
 Ire others 
 [or taken, 
 ies there- 
 \p before 
 fter ftiall 
 r them- 
 fingular 
 |n^s, in- 
 iforefaid, 
 and 
 
 I »37 ] 
 
 ftftd all and fingular other the premifcs, according to the laws and 
 ftatutes of that part of our kingdom of Great Britain called 
 England, and the ordinances of our faid province of Quebec, as 
 in the like caie it has been accustomed or ought to be done ; and 
 the fame offenders, and every of them, for their offences, by fines, 
 ranfoms, amerciaments, forfeitures, and other means, as according 
 to the laws And cuftoms of England, or form of the ordinances 
 and flatutes of E^^igland and of our province of Quebec afore- 
 faid, it has been accuflomed or ought to be done, to chaftife 
 and punifh. 
 
 Provided always, that if a cafe of difHculty upon the determination Pravifoe that in 
 
 _ ^ , ■'.._,- .,<'., cafes otdimculty 
 
 of any of the premiles before you conjomtly with any one or more thejuftic.-s ih.ii 
 of our juflices of the peace of our diftria of Montreal aforefaid, ?,1',';:,^:;'5i:I 
 properly by us authorized thereunto, fhail happen to arife, that then of the piovmcc. 
 you let judgement in no wife be given thereon before you in con- 
 junftion with one or more of our juftices of our faid diftricft, 
 unlefs in the prefence of our chief juftice of our faid province of 
 Quebec. 
 
 And therefore we command you, that to the keeping the peace, commndtotiie 
 ordinances, and llatutes aforefaid, and all and fingular other the{;Sj-°*P£ 
 premifes, you diligently apply yourfelf; and that at certain days «"""''"" °f*>" 
 and places as you and any one or more, or any other two, of our 
 juflices afHgned to keep the peace in and for our diftridl of 
 Montreal aforefaid in our province aforefaid, fhall appoint for thefe 
 purpofes, into the premifes ye make inquiries, and all and fingular 
 the premifes hear and determine, and perform and fulfill them in 
 the aforefaid form, doing therein what to juflice appertains, ac- 
 cording to the laws and cufloms of England and the ordinances of 
 our province of Quebec aforefaid ; faving to us the amerciaments 
 and other things to us therefrom belonging. 
 
 In witnefs whereof we have caufed thefe our letters to be made 
 patent, and our public ical of our province of Quebec to be 
 affixed thereunto, this fixth day of Auguft in the feventh year of 
 our reign, and in the year of our Lord one thoufand kven hundred 
 and fixty-feven. 
 
 S Given 
 
 commilTioii. 
 
 
 i ** 
 

 Htm 
 
 M 
 
 \m 
 
 liii 
 
 [ 138 ]^ 
 
 Given at our Caftle of Saint Lewis at Quebec, in the diftrid 
 of Quebec, in the province of Quebec, this fixth day of 
 Augufl in the feventh year of our reign, and in the year of 
 our Lord one thoufand feven hundred and fixty-feven. 
 
 (Witncfs) 
 
 GUY CARLETOK, 
 
 Lieutenant Governour and 
 Commander in Chief, 
 
 
 '1 
 
 NUMBER 
 
^* 
 
 C »S9 ] 
 
 diftrift 
 
 day of 
 
 year of 
 
 !n. 
 
 ON, 
 
 and 
 ;f. 
 
 NUMBER XVIIT. 
 
 A DRAUGHT of a Form of a W R I T of 
 DEDIMUS POTESTATEM to adminifter the 
 Oaths to a Juftice of the Peace in the Province of 
 Qju E B E c. 
 
 GEORGE the THIRD y by the Grace of God, King of Great Britain, 
 and of all the Territories thereunto Belonging, Defender of the 
 Faith, and fo forth j to our trujly and ivell-behved 
 and of the Dijlridf of ^ebec, in the Province of 
 
 Sluehect Efquires, Greeting: 
 
 B E R 
 
 TT'NOW ye, that we have thought fit to impower you, and we do Power to aj. 
 ■*^ hereby give and grant unto you full power and authority to tender "rths appointed 
 and adminifter unto A. B. Efquire, whom we have conftituted and'jyj^^^J^'J^^; 
 appointed a juftice of the peace for the diftrid: of Quebec in our faid ah- ; 
 province, the oaths appointed to be taken by an adl pafTed in the firft 
 year of the r^lgn of King George the Firft, intituled, ** An A5i for 
 " the further fecurity of his Majejifs perfon and government, and the 
 ** fvccefjion of the Crown in the heirs of the late Princefs Sophia, 
 " being Protejlants, and for extinguijhing the hopes of the pretended 
 " Prince of Wales, and his open and fecret abettors'^'' and by an adt 
 pafled in the fixth year of our reign, intituled, •* An AB for 
 " altering the oath of abjuration and the ajjurance, and for amending 
 " fo much of an aSl of the feventh year of her late Majejiy ^een 
 *' Anne, intituled, * An Act for the Improvement of the 
 " Union of the Two Kingdoms,' as, after the time therein 
 " limited, requires the delivery of certain lifts and. copies therein 
 " mentioned" and to tender and adminifter unto him, and receive and tiie docinn- 
 from him, the declaration appointed to be made in an a6t of parlia-''°";'f'"'^. 
 ment palTed in the twenty-nfth year or the reign or King Charles tion appointed 
 the Second, intituled, ** An A£l for preventing dangers which may nT' *^ ^'"^" 
 
 S 2 ** happen 
 
t 140 3 
 
 •* happen from Popijh Recufantsi* and alfo to receive from him 
 •ndtheoathof his fubfcription to the oaths and declaration ; and liicewife to ad- 
 minifter unto liim an oath for the due execution and performance 
 of the office of a juflice of the peace of the laid diflri(^ of Quebec 
 in our faid province in the ufual form. 
 
 And of what you {hall do herein you are to make return forth- 
 with into the office of the Regifter of our High Court of Chancery 
 of our faid province, together with this our writ* 
 
 Witnefs our trufty and well* beloved the Honourable Guy 
 Carleton, Efquire, our Captain General and Govcrnour in 
 Chief in and over our faid province of Quebec, and Keeper 
 of our Public Seal of our (aid province, at our cafUe of 
 Saint Lewis in our city of Qu,ebec this day of 
 
 May in the ninth year of our reign, and in the year of our 
 Lord one thoufand feven hundred and fixty-nine. 
 
 (Signed) 
 
 GUY CARLETON^ 
 
 jA; 
 
 \\ 
 
 <.l.i r,n 
 
 " /• 
 
 NUMBER 
 
[ «4t J 
 
 NUMBER XIX. 
 
 A DRAUGHT of a Form of the OATH of OFFICE 
 of a JUSTICE of the PEACE of the Diftria of 
 ^ Qu E B E c, in the Province of Qu e b e c j made by 
 the Order of Governour Carl ETON. 
 
 VT'O U (hall fwear that, as a juflice of the peace for the diftria Tj^^J^f^^';;^! 
 * 6f Quebec in the province of Quebec, you will do equalp-'fois. 
 right to the poor and to the rich in all articles in the King's com- 
 miliion to you direfted, according to your cunning, wit, and 
 power, and according to the laws and cuftoms of that part of the 
 kingdom of Great Britain which is called England, and to the 
 llatutes of England and of Great Britain, and to the ordinances of 
 this province of Quebec, thereof made. And that you fliall not 
 be of counfel in any Quarrel hanging before you. And that you 
 will hold your feflions after the form of the flatutcs and ordinances J^j^>''' 
 of the faid province thereof made. 
 
 And the iffues, fines, and amerciaments that fliall happen to be Fmcs and am«. 
 made, and all forfeitures which (hall fall before you, you (hall'"'""''"" 
 caufe to be entered, without any concealment or embezzling, and 
 truly fend them to the receiver general of his Majefty's revenue 
 in this province. You (hall not let for gift or other caufe, but 
 well and truly you (hall do your office of a juftice of the peace in 
 that behalf. 
 
 Fees. 
 
 And you (hall take nothing for doing your faid office of a 
 jurtice of the peace, but of the King and the fees accuftomed and 
 cofts limited by (tatute or ordinance of this province. 
 
 And you. (li all not dire6V, or caufe to be dire£led, any warrant, waiTanti. 
 by you to be made, to the parties; but you (hall direcfl niem to the 
 bai tills of the diftridt, or other the King's officers or minifters, or 
 other indifferent perfons, to do execution thereof. 
 
 So help you G O D. 
 
 m 
 
 ,i-i 
 
 >■►! 
 
 
[ H^ 1 
 
 NUMBER XX. 
 
 An ORDER of the King in Council, difallowing and 
 repealing an Ordinance of the Commander in Chief 
 and Council of the Province of Qjj e b e c, pafled on 
 the 17th of July 1766, concerning Licences to 
 retail Spirituous Licluors. 
 
 AT the COURT at St. JAMES's, the 26th day of 
 June 1767, 
 
 PRESENT 
 The K I N G's moft Excellent MAJESTY, 
 Archbifliop of Canterbury, Earl of Harcourt, 
 
 Lord Prefident, 
 Duke of Grafton, 
 Duke of Queenfberry, 
 Lord Steward, 
 Earl of Huntingdon, 
 Earl of Denbigh, 
 Earl of Litchfield, 
 Earl of Cholmondcley, 
 Earl of Marchmont, 
 Earl of Briftol, 
 Earl of Aftiburnham, 
 
 Earl of Shelburne, 
 
 Vifcount Townfliend, 
 
 Vifcount Howe, 
 
 Vifcount Barrington, 
 
 Vifcount Clare, 
 
 Vifcount Villiers, 
 
 Lord Sandys, 
 
 James Stuart Mackenzie, Efq; 
 
 James Ofwald, Efq; 
 
 Sir Edward Hawke. 
 
 WHEREAS the governour of his Majefty's province of 
 Quebec, with the advice of the council of the faid province, is 
 authorized and impowered (until the fituation and circumflances 
 of our faid province will admit of calling general aflemblies) to make 
 fuch rules and regulatipns as fhall appear to be neceffary for the 
 peace, order, and good government of the faid province, taking 
 care that nothing be paffed, or done, that ihall any ways tend to 
 
 affe<a 
 
4 
 
 [ i« ] 
 
 afFedl the life, limb, or liberty of the fubje<5l*, or to the impofing 
 any duties or taxes; which rules and regulations are dire(^ed to be 
 tranfmitted to his Majefty for his approbation or difallowance : 
 
 And whereas in purfuance of the faid powers the following 
 ordinance was pafled in the faid province on the 17th of July 1766, 
 and tranfmitted, intitled as follows, viz. 
 
 " An Ordinance for granting Licences for retailing Rum and 
 ■ ' ' ** ether Spirituous Liquors, and for fupprefling unlicenfed 
 " Houfesi" 
 
 which ordinance, together with a reprefentation from the lords 
 commiffioners for trade and plantations thereupon, having been 
 reff red to the coufideration of a committee of the lords of his 
 Majefty's mod honourable privy council for plantation-affairs, the 
 faid lords oi tl'e committee did this day report to his Majefty that 
 the faid brdii-nce or. ;ht to be repealed ; 
 
 His Majefty is t.icieupon pleafed, with the advice of his privy 
 council, to -?^clare his difalV wance of the faid ordinance. And» 
 purfuant to his 'Majefty's royal pleafure thereupon exprefled, the faid 
 ordinance is hereby repealed, declared void and. of none effedt. 
 Whereof the governour, or commander in chief, of his Majefty's- 
 province of Quebec for the time being, and all others whom it may 
 concern, are to take notice, and govern themfelves accordingly.. 
 
 ' ROBERT WALPOLE. 
 
 
 1 ■ 
 
 * This very great reflrifVion of the legiflallvc power delegated by his Majefty to the 
 governour and council of the province is generally thought to be very inconvenient. 
 Few ordinances can be made that tend neiiher to aftcfc the life, limb, or liberty of the 
 >itj .f\, >or to the impofiog duties or ta&cs.—— See above, pages 26, 27. 
 
 NUMBER. 
 
 um ^*' 
 
[ 144 ] 
 
 NUMBER XXI. 
 
 An ORDER of the King in Council, confirming the 
 Boundary Line between the Provinces of New York 
 and Quebec, fixed by Sir Henry Moore, the Governour 
 of New York, and Brigadier -General Carleton, Lieu- 
 tenant-Governour of Quebec, at a Meeting held for 
 that Purpofe ; and regulating the Claims made by his 
 Majefty's new Canadian Siibjeds tb Lands fituated on 
 the South Side of that Line. , 
 
 '} 
 
 AT the COURT at St. JAMES's, the 12th day of 
 Auguft 1768, 
 
 Auguft 1768, 
 
 P R E S E 
 
 The K I N G's moft Excellent M A J E S T Y, 
 
 ■|-. 
 N T, 
 
 Duke of Grafton, 
 Duke of Rutland, 
 Duke of Queenlberiy, 
 Marquefs of Granby, 
 Earl of Litchfield, 
 Earl of Hilllborough, 
 Earl of Shelburne, 
 Vifcount Weymouth, 
 
 Vifcount Falmouth, 
 
 Vifcount Barrington, 
 
 Vifcount Villiers, 
 
 Lord North, 
 
 James Stuart M*^ Kenzie, Efq; 
 
 Thomas Harley, Efq; 
 
 Sir Edward Hawke. 
 
 WHEREAS there was this day read at the board a report 
 from the right honourable the lords of the committee of council 
 for plantation-affairs, dated the ninth of this inf^ant, upon con- 
 fidering a report made by the lords commiflioners for trade and 
 plant -tioiis, upon an extract of a letter from Sir Henry Moore, 
 governour of New- York, to the Earl of Shelburne, dated the 
 1 61 h of January laft, relative to the fettling the boundary-line o»- 
 tween that province and Quebec ; by which report it appears, that 
 a it 
 
[ '45 J 
 
 it having been mutually agreed upon between Sir Henry iVToore and 
 the commander in chief of the province ef Quebec, at a meeting 
 for that purpofe appointed, that the line of divifion between thele 
 provinces (hould be fixed at the 4jth degree of North latitude, 
 conformable to the limits laid down in his Majefty's proclamation 
 of Odober 1763. And it having been afcerrained and determined 
 by proper obfervations where the faid line would pafs, it is there- 
 fore propofed that thefe proceedings above ftated ihould be con- 
 firmed by his Majefty. .... 
 
 His Majefty taking the faid report into confideration,- was pleafed, c^r.fi.M.tionot 
 with the advice of his privy council, to approve thereof, and tloth vi'iiJ.'U'v.eu 
 hereby confirm the faid proceedings above ftated, and order that ''i^';,!;,';'",^'..^,^ 
 the faid line of divifion be run out and continued as far as each"' '•^* ^"' ■ 
 province refpedtively extends. 
 
 Provided that nothing herein contained {hall extend to afFeit the 
 
 Piovifioii coii- 
 teriiiii;; I 
 
 properties of his Majefty's new fubjeds having pofTelfions under poiidw Ly\uf 
 
 proper titles on thofe parts of the lands on the fouth fide of this ^frih^iKicofii'l^t 
 
 line, the dominion of which was not difputed on the part of the ','■=• '"p^'V"'' 
 
 r j-^ r\ ' • tornitrly clauii- 
 
 crown 01 Great Britain. 
 
 u 
 
 V---— ■ '<• \ 
 
 .1. 
 
 '■\ by ttie crown 
 of Gixit Britain. 
 
 Provuion con- 
 
 jnum. 
 
 And provided alfo, tliat this determination fhall not operate p^ 
 wholly to deprive his Majefty's new fubjedls of fuch conceflions "ns that were 
 on the fouth fide of the faid line, on which they may have made ^lo^'ntt-'o^^^^^^ 
 tftual fcttlement and improvement, although the lands may have ^' 
 beep difputed by the crown of Great Britain; but that fuch 
 pofi^efibrs ftiall be intitled to fo much of the faid concefiions as ftiall 
 be proportioned to their improvements, at the rate of fifty acres for 
 every three acres of improvement, provided they take out grants for 
 the fame under the feal of the province of New York, fubjedt to- 
 the ufual quit-rents. . . . . . ■ 
 
 And provided alfo, that the grant to no one perfon (hall exceed 
 twenty thoufand acres. 
 
 .,. And the governours or commanders in chief of his Majefty's 
 fiiid provinces of New York and Quebec for the time being, and 
 all others v/hom it may concern, are to take notice of his Majefty's 
 pleafure hereby fignified, and govern themfelves accordingly. 
 
 (Signed) STEPH. COTTRELL.. 
 
 T 
 
 ^ 
 
[ U6 ] 
 
 NUMBER XXII. 
 
 The OPINION of the Attorney and Sollicitor General 
 concerning Two A(9:s of Parliament made for the 
 Prefervat'cm of Ships and Goods that are forced on 
 Shore or ftranded upon the Coafts of Great Britain, or 
 other Dominions of his Majefty. 
 
 tlhil 
 
 '/o the Right Honourable the Lords Commijfiomrs for Trade and 
 
 Plantations, 
 
 May it pleafe your Lordjhips, 
 
 T N obedience to your lordfhips commands fignified to us by Mr. 
 "■• Pownall's letter of the i tth day of this inftant June, that we 
 would take into our confideration an a£t of parliament pafTed in the 
 1 2th year of Queen Anee, flat. 2, cap. 18, intitled, " An A Si for 
 ** the preferring all fuch Ships and Goods thereof which Jhall hapten 
 ** to he forced on Shore, or branded upon the Coajis of this Kingdom ^ 
 ** or any other of her Majefifs Dominions ;" alfo one other a<fl of 
 parliament pafled the 4th George I. cap. I2, intitled, ''* An A6i 
 ** for enforcing and making perpetual an A5l of the i zth Tear of her 
 *' late Majejlyt intitled^ * An ASl for preferring all fuch Ships and 
 *' Goods thereof which Jhall happen to be forced on Shore or Jlranded 
 ** upon the Coajis of this Kingdom t or any other of her Majejlfs 
 *' Dominions i and for inJiiSiing the Punijhment of Death on fuch as 
 *' f jail wilfully burn and dejiroy Ships :" and that we would give our 
 opinion whether the faid ads do extend to and are in force in his 
 MajeAy's colonies and plantations in J^tneTicz : 
 
 We have taken the fame into our coniideration, and are of opinion, 
 that as the title of the adt 12 Anne, ftat. 2, cap. i8, exprefsly im- 
 ports to be an afl for preferving (hips and goods forced on fhore or 
 ftranded upon the coafts of this kingdom, or any other of her 
 Mnjejifs dominions^ and the enacting part has words extending to 
 h^r Majejifs dominions in general, that the faid aft of 12th Anne 
 
 extends 
 
[ '47 ] 
 
 extends to and" is in force in his Majefty's colonies and plantiations 
 in America, notwithftanding the fpecial promulgation of the law, 
 and fome other provifions in it, arc applicable only to this kingdom. 
 
 We are likewife of opinion, that fo much of the aft of 4th 
 Geo. I. cap. 12, as declares the 12th of Anne to be perpetual, 
 extends to America. 
 
 But the third claufe of that aft, which introduces a new crime, 
 by a proviiion altogether independent of the former part of the 
 aft, and made to render an aft of the ift Anne more effeftual, we 
 are inclined to think does not extend to his Majefty's colonies and 
 plantations in America, that claufe being expreffed in general terms, 
 without any reference to the colonies ; and the 1 1 th Geo. I. cap. 2 y, 
 f. 7, which dircfts the mode of the jprofecution of thefe offences, 
 when committed within the body of any county of this realm, or 
 upon the high feas, making no mention of the manner of trial if 
 fuch offences (hou!d be committed in any of his Majefty's plantations 
 or colonies in America. 
 
 All which is fubmitted to your lordihips confideration. 
 
 
 June 25 th, 1767. 
 
 (Signed) WK DE GREY. 
 
 E. WILLES. 
 
 N. B. This opinion of his Majefty's attdmey and follicitor-general 
 was tranfmitted to the governour of the province of Quebec by 
 his Majefty's fecretary of ftate for the American department; 
 and therefore is conftdered as having had the fanftion of his 
 Majefty's approbation, and as making part of the law of that 
 province. 
 
 I* ■' ■'■■■■''' 
 
 T a 
 
 NUMBER 
 
{ h8 ] 
 
 N U M B E R XXIII. 
 
 TN the year 1768 his mofl: excellent Majefty was pleafed to Iflue 
 ^ three mandates to the governour, or commander in chief, of the 
 province of Quebec for the time being, requiring him to conftitute 
 and appoint three clergymen of the church of England Redtors of 
 the parifli-churches of Quebec, Three Rivers, and Montreal, which 
 are the three principal, or rather only, towns in the province. The 
 reverend Mr. David Francis de Montmollin, a native of Switzeiland, 
 that had refided more than twenty years in England, was to be ap- 
 pointed redlor of Quebec; the reverend Mr. Veyfllere, a late convert 
 (and, I doubt not, averyfmcere one) from theRomifli religion, who 
 had fome time before been a Recollet-Monk in the convent of that 
 order in Quebec, was to be appointed redor of the Parifli of Three 
 Rivers j and the reverend Mr. De Lifle, a native of Old France, 
 but who had always been bred a Proteftant, and who had received 
 part of his education at Geneva, and is a powerful and eloquent 
 preacher in the French language, was to be redtor of the Parifh of 
 Montreal, where he had already refided two years in the character 
 of chaplain of the garrifon. Upon the receipt of thefe three 
 mandates the lieutenant-governour, Guy C\rleton, Efquire, (now 
 governour in chief of that province) was pleafed to order Francis 
 Maferes, Efquire, the attorney-general, to prepare a draught of a 
 commiflion for Mr. de Montmollin to be reftor of the church and 
 parifli of Quebec in purfuance of the King's mandate for that 
 purpofe for his examination and perufal ; which the faid attorney- 
 general accordingly did. But upon more fully confidering the 
 peculiar and delicate fituation of the province with refpedt to the 
 article of religion, and fome claims of property in the churches, 
 made on the behalf of the Roman Catholic inhabitants of thofe 
 parifhes, which required a very ferious and deliberate difcuflion, his 
 excellency did not think it expedient to grant thefe gentlemen com- 
 miffions of this form under the feal of the province ; but in lieu 
 thereof gave them licences to preach and perform divine fervice 
 according to the ceremonies of the church of England in the re- 
 fpeftive parifhes of Quebec, Three Rivers, and Montreal, under 
 his hand and private feal. Neverthelefs as it may hereafter, when 
 the Proteflant religion (hall have gained more footing in the province, 
 be both fafe and expedient to give Proteflant clergymen fome of 
 
 the 
 
3 iflue 
 of the 
 iftitute 
 tors of 
 which 
 The 
 eiland, 
 be ap- 
 convert 
 n, who 
 of that 
 ■ Three 
 France, 
 received 
 eloquent 
 'arifh of 
 haradter 
 fe three 
 e, (now 
 Francis 
 ht of a 
 rch and 
 tor that 
 [ttorney- 
 ing the 
 to the 
 lurches, 
 lof thofe 
 fion, his 
 ;n com- 
 in lieu 
 fervice 
 the re- 
 , under 
 , when 
 Irovince, 
 ibme of 
 the 
 
 [ H9 ] 
 
 the benefices of the province in the manner directed by thefe royal 
 mandates, I fliall here infcrt a copy of one of thefe mandates and of 
 the draught of a commiflion made by the faid attorney-general in 
 purfuance of it, that it may undergo the examination of his Majefty's 
 minifters of ftate and law-officers, and receive fuch corre<£lions and 
 alterations at their hands ns it iliall appear to them to want. In a 
 new province we have no precedents to dire(ft us ; every thing 
 requires to be fettled with care and attention. 
 
 The King's MAN DATE to the Governour, Lieutenant- 
 Governour, or Commander in Chief of the Province 
 of QjjEBEc, to collate and admit the Reverend Mr. 
 De Montmollin to the Parifh-Church of Quebec. 
 
 To our trujiy and ivell-beloved James Murray, Efquire^ our 
 
 i Captain, General and Governour in Chief in and over our Province 
 
 r tf ^ebeCf in America ; and^ in his Ah fence ^ to ^ur Lieutenant - 
 
 Governour^ or Commander in Chief of our faid Province for 
 
 the 'Time being, ^■^"-'■■^'' • *•'- ' •' - 
 
 "'.' ». 
 
 x 
 
 .'I 
 
 '' y. iiVAj^i 
 
 George R,. 
 
 'T^ RUSTY and well-beloved, we greet you well. 
 
 We, having received a good report of the loyalty, abilities, 
 prudent condudt, and fober converfation of our trufty and well- 
 beloved David Francis de Montmollin, clerk, have thought fit 
 hereby to fignify our will and pleafure to you that, forthwith upon 
 receipt hereof, you do collate and admit the faid David Francis de 
 Mojitmollin, clerk, to the church. and pari(h of Quebec, in our 
 province of Quebec, .'in America': 
 
 To have, hold, and enjoy the fame unto him, the faid David 
 Francis de Montmollin, during his natural life, with all rights, dues. 
 
 ^i;' 
 
 ■»^:. 
 
 
t ?!' 
 
 I 'SO ] 
 
 profits, and privileges thereunto belonging in as full and ample 
 manner as the minifters of churches m any of our colonies in 
 America have ufuaily held and enjoyed, or of right ought to hold 
 and enjoy, the fame. And for fo doing this (hall be your warrant. 
 And fo we bid you heartily farewel. 
 
 Given at our court at Saint James's^ the nth day of February 
 1 768, in the eighth year of our reign. 
 
 By his Ma)efly*^s command. 
 
 HILLSBOROUGH. 
 
 N. B. Thi» royal mandate feems to be founded upon a fuppofition 
 that the King is general patron of all the ecclefiaflical benefices in 
 the province, agreeably to the claufe to that purpofe in the 
 commiflion of captain^general and governour in chief. See 
 above, page 98. 
 
 ¥■ 
 
 mr*.. 
 
 i ir 
 
 ■, 
 
 fliji 
 
 h|K'' 
 
 A DRAUGHT of a COMMISSION to the 
 
 Reverend Mr. David Francis de Montmollin to be 
 Redtor of the Church of Quebec, made in purfuance 
 of, and conformably to, the King's Mandate for that 
 Purpofe, dated on the 12th Day of February 1768. 
 
 GEORGE the THIRD, fy the Grace of God, King of Great 
 Britain and the Territories thereunto belonging, Defender of the 
 Faith, and fo forth ; To all 'to whom thefe Prefents jhall come, 
 
 fendeth Greeting : . ,• r . 
 
 WHEREAS the church of. Quebec, in our province of 
 Quebec, is now vacant} and whereas the gift, collation, and 
 free difpofition of the faid church doth fully and intirely belong to 
 us in right of our crown of Great Britain: and whereas we have 
 received a good report of the piety, learning, and abilities, and 
 
 likewife 
 
[ 'S« ] 
 
 likewife of the loyalty, prudent conduft, and fober conveffation of 
 our trufty and well-beloved David Francis de Montmollin, clerk, 
 and are perfuad.. i that he is a fit perfon to fill the faid church, and 
 to have the care of the fouls of our good fubjedts in the parifti of 
 the fame committed to him : 
 
 Now know ye that we, for thefe and other good reafons and 
 caufes us thereunto moving, and of our efpecial grace, certain know- 
 ledge, and mere motion, have given, conferred, and granted, and, 
 by thefe our prefent letters, do give, confer, and grant the faid 
 cnurch of Quebec to the faid David Francis de Montmollin j and 
 do ordain, make, and conflitute him, the faid David Francis, curate 
 and redtor of the fame, and minifter of the holy gofpel in the parifh 
 of the fame; provided that he, the faid David Francis, (hall, before he 
 takes poiTeflion of the faid church, take an oath upon the holy gofpels 
 of Almighty God to pay lawful and canonical obedience to our 
 right trufty and well-beloved Richard, the lord bifhop of London, 
 and his fucceilprs, biftiops of London, under whofe fpiritual jurif- 
 diftion we have thought proper to place our aforefaid province of 
 Quebec ; and likewife that, by another folemn oath upon the holy 
 gofpels, he (hall renounce, deny, and rejedfc all, and all manner of 
 foreign jurifdidtion, power, authority, and fuperiority whatfoever, 
 fpiritual as well as temporal, and fti'all acknowledge our royal authority 
 to be fupreme in a*' caufes' and matters whatfoever, ecclefiaftical as 
 well as temporal, according to' the force, form, and efFeft of a 
 certain ftatute of the parliament of the realm of England in that 
 cafe made and provided : which oa:ths the faid David Francis (liall 
 take before the chief juftice of our faid pro\^ince of Quebec in 
 open court, at one of the ieflions of tht fupreme court of Judicature 
 holden before the faid chief juftice," whom we do hereby authorize 
 and require to adminifter the faid oaths unto the {kid David 
 Francis : 
 
 Gift, Of colli- 
 tioii, of the 
 ciiui'ch of Qhc 
 bee to Mr. de 
 Montmollin. 
 Appointmtntof 
 him to he curate 
 and rcitoT af 
 the fame. 
 
 Oathef nnoni- 
 cal obedience t* 
 th« bilhap of 
 Loadon. 
 
 Oath of abjnra- 
 tion of the 
 Pope's power 
 and all foreigo 
 jurifdiAion, and 
 ofacknowlcdge- 
 ment of the 
 King's ecele« 
 lullical fuprc- 
 niacy. 
 
 'Mij';'ii 
 
 m 
 
 To have, hold, and enjoy the faid church of Quebec, together H»i>endum. 
 with all rights, dues, profits, and privileges thereunto belonging, in 
 as full and ample a manner as any minifters of churches in any of 
 our colonies in * America have ufually held and enjoyed, or of right 
 
 * This daufe of general reference to all the colonies In America, without mentioning 
 any one In particular, feems to be very vague and uncertain, and was laferted only in 
 order to make the comminion intirely conformable to the royal mandate on which it was 
 founded. See abave, pages 127, 131, 134. 
 
 ought 
 
 
.H- 
 
 ■■ « 
 
 III 
 
 [ 'S« ] 
 
 ought to hold or enjoy, the fame, for and during the natural life 
 of him, the faid David Francis dc Montmollin. . ' 
 
 In witnefs whereof we have caufed thefe our letters to be made 
 patent, and the public feal of our province to be affixed thereunto 
 this day of July, in tlie eighth year of our reign, and in 
 
 the year of our Lord Jefus ChrJil; oae thoufand feven hundred and 
 fixty-eight. 
 
 .t ,( 
 
 ■J ,'.i'>".i--: 
 
 ;.! 
 
 it', i.- 
 
 Given at our caftle of Saint Lewis at Quebec in our provlace 
 of Quebec aforefaid, on the day and year above-mentioned. 
 
 f 
 
 > V 
 
 (Witnefs) 
 
 ■1 
 
 GUY CARLETON, 
 
 Lieutenant Governour and 
 Commander in Chief. 
 
 t> This commiflion has not been pafled, — July lo, 1769. 
 
 U.I 1 1. Jil^! lU >>>..« •<• ,.} 
 
 N. B. In making the foregoing draught of a commiflion to Mr; 
 de MontmolHn to be redor of the church of Quebec, or 
 rather of the collation, or gift, of the faid church to Mr. 
 ^de Montmollin,. I have followed the words of the King's 
 mandamus as clofely as poflible, and have fupplied what was 
 further wanting to it from two precedents in the appendix to 
 bifhop Gibfon's codex, the one of a donation of a donative 
 church or chapel, the other of the collation or gift of a church 
 by a bilhop,. to whom the right of giving it away is devolved 
 frons the patron of it by kpfe of timev 
 
 <( 
 
 i(... 
 
 1:.; 
 
 i/i: 
 
 , I j> 
 
 :(.) 
 
 
 NUMBER 
 
 I 
 
[ 'S3 3 
 
 NUMBER XXIV. 
 COMMISSION of RECEIVER GENERAL. 
 
 George R. 
 
 GEORGE the THIRD, by the Grace of God, King of Great 
 Britain, France , and Ireland, Defender of the Faith, and fi 
 forth ', To all to whom thefe Prefents Jhali come. Greeting : 
 
 TT'NOW ye that we, repofing elpecial truft and confidence in the 
 -^ ability and prudent circumfpeftion of our trufty and well-beloved 
 Thomas Mills, Efquire, and his fitnefs for the performance of the truft ^* ^* 
 hereby intended by us to be committed unto him, have conftituted Appohumcn 
 and appointed, and by thefe prefents do conftitute and appoint, L. S. 
 him, the faid Thomas Mills, to be, during our pleafure, the "^''*"'''"«- 
 Receiver General and Collector of all the royal patrimony, rents, L. S. 
 revenues, farms, taxes, tithes, duties, impofts, profits, and cafualties 
 whatfoever (our revenue of cuftoms always excepted) belonging 
 unto us, and which have arifen or Qiall arife within our province 
 of Quebec. 
 
 Hereby giving and granting unto tht faid Thomas Mills full 
 power and authority to aflc, demand, and receive all fums of money 
 io due, and to become due, unto us, and to give acquittances for 
 the fame, and (if need be) to purfue and profecute the recovery of 
 the faid rents, duties, impofts, profits, and other things above- 
 mentioned, by all juft and lawful ways and means. 
 
 s 
 ^ Bl' o 
 
 . ^ f5 o 
 
 fi On » w 
 
 S • — a. 
 P « 3 
 
 > a 2 
 
 O u> 
 
 And we do hereby require him, the faid Thomas Mills, in the The rweiver- 
 execution of the truft hereby committed unto him, and in all things f^oig to '^ 
 concerning the fame, to obferve and follow, and govern hitnfclf ^^^^'jj'^'"^^^™^- j^ 
 according to, fuch orders, rules, and inftruilions as he (hall receive receive from the 
 from us by any warrant or writijag under our royal fign manual, ofThTtSu.". 
 counterfigned by the commiffioners of our trcafury for the time, 
 being, or from the faid commiffioners of our treafury, or ouc hitjh 
 treafurer for the time being. 
 
 ■ - U And 
 
 '♦:• 
 
 •■■? 
 
[ '54 ] 
 
 And hf Is to 
 
 jciount in the 
 
 And alio to render into our Exchequer, according to the due 
 !irtilc''"«t ■"' courfe thereof, an account of, and duly anfwcr unto us, all monies 
 kt fcfcivcs. which he fliall have received in virtue hereof. 
 
 annum 
 
 And in confideration of the labour, pains, charges, and expences 
 which the faid Thomas Mills may be at in the execution of the faid 
 office, and for the whole charge thereof and in lieu of all fees, 
 profits, and advantages on accouut of the faid office, we do hereby 
 grant and allow to him, the faid Thomas Mills, a yearly falary or 
 '• P" allowance of two hundred pounds Sterling, to be retained by him 
 out of the faid rents, revenues, and incomes, and to commence 
 from the day of the date hereof, and to be accounted payable unto 
 him for and during his continuance in the faid office. 
 
 And we do hereby command and require all our officers and 
 minifters and loving fubjeds whatfoever, in their feveral and re- 
 fpeiftive Nations and places, to be aiding and affixing to the faid 
 Thomas Mills in all things to be done and performed by him in the 
 due execution of this our commiffion. 
 
 '♦l: 
 
 Securify to \ie 
 Hivrn in the 
 F»che4uei- for 
 the due execu- 
 tion of thi, 
 •ffiie. 
 
 And the faid Thomas Mills is ftri(ftly required not to enter upon, 
 the execution of the faid office until he fhall have given fecurity in. 
 our Exchequer to the good liking of the commilfioners of our 
 treafury for the due execution thereof. 
 
 Given at our court at St. James's this loth day of July 1765', 
 in the 5th year of our reign. ,, , ' 
 
 >.yy 
 
 ■i, ( ;!• 
 
 By his MajeAy's command. 
 
 (Signed) GEORGE GRENVILLE. 
 NORTH. 
 JOHN TURNER. 
 
 Thomas Mills, Efq; to be Receiver and Colleftor of ihe 
 Rcvenuesin the Province of Qupbec. - ... •,t^ jf, (. 
 
 N. B. The falary of this office has been fmcc increafed to 400 1, per 
 annum. 
 
 -* INDORSE- 
 
 7 
 
[ '55 ] 
 
 INDORSEMENTS. 
 
 This is inrollcd in the remembrances of the Exchequer at Weft- 
 minftcr of our Sovereign Lord King George the Third, of the 
 fixth year of his reign, to wit, among the common matters of 
 Michaelmas term, the firft roll in the cuftody of the King's 
 Remembrancer. •. * ; i \ 
 
 King's Remembrancer's Office, 
 19th July 1765. 
 
 WOOD for ARBUTHNOT. 
 
 Thefe are to certify that the within-named Thomas Mills, Efquire, 
 hath given fccurity in the office of his Majefty's Remembrancer 
 cf the Exchequer at Weftminftcr, for the due execution of his 
 within-mentioned office of Receiver General of the Revenues 
 in the Province of Quebec, purfuant to a warrant from the 
 Right Honourable the Lords Commillioners of his Majefty's 
 Treafury in that behalf. 
 
 WOOD for ARBUTHNOT. 
 
 King's Commtssion — Thomas Mills, Efquire, to be Receiver and 
 Collector of the Revenues in the Province of Quebec : 
 
 Entered in the office of the Lords Commiffioners for Trade 
 and Plantations. 
 
 . . (Entered) J. P OWN ALL. 
 
 Entered in the office of Mr. Cholmondeley, Auditor General 
 of America, this 19th Auguft 1765. -■ - 
 
 DAVID BALFOUR. 
 
 Received into the Regifter's Office in Quebec, onWednefday 
 the 2d day of July 1766, at twelve o'clock at noon. 
 
 J. GOLDFRAP, D. Regifter. 
 
 "" Regiftered in faid office on Thurfday tlie 3d <lay of July 
 1766, at ten o'clock forenoon, in regifter A. page 175. - 
 
 : , . J. GOLDFRAP, D. Regifter. 
 
 MJ 
 
 mi 
 
 ^. 
 
 u 2 
 
 INSTRUC- 
 
[ 156 ] 
 
 INSTRUCTIONS. 
 
 • ■..u.«. 
 
 The iat'iti paid 
 in the time of 
 the French go- 
 vcinment. 
 
 TT I S Majefty having by his commifTion under his royal fign 
 •*^ manu.ll, dated the loth day of July 1765, appointed you 
 Receiver General and Colleflor of all the patrimony, eftates, 
 revenues, farms, taxes, tithes, duties, imports, profits, and 
 cafualties whatfoever (his revenue of cuftoms always excepted) be- 
 longing to his Majedy, and which had arifen or (hould arife within 
 his Majefly's province of Quebec j and his Majefty having in the 
 fame commimon required you to follow fuch orders, rules, and 
 inftrudtions. as you mould receive from his Majefty, as therein is 
 mentioned, or from the commiflioners of his Majefty's treafury, or 
 his Majefty's high trcafurer for the time being; we the Commiffioners 
 of his Majefty's Treafury, now being, have thought fit to give 
 unto you the orders, rules, and inftru^ons herein after contained 
 for your government in the execution of the truft ? "nitted to you 
 in and by the faid recited commiflion j that is to fay ; '-'l^'^^ ' 
 
 Whereas it appears unto us that the following duties were 
 raifed, payable, and paid for the fupport of government there 
 while the country was fubje<ft to the French king ; that is to fay, 
 
 In Sterling money. 
 J. 
 o 
 o 
 
 Wine by the hogftiead 
 
 Rum by ditto • — 
 
 Brandy by veldt, or meafure of 7 
 
 two gallons ■ " ■ y 
 
 04- 
 
 Ordinary wine bottled, per bottle, o i ■ o o 
 
 Bottled fweet wine, per bottle, — o 3 o 014. 
 
 Eau de vie de liqueur, per gallon, o 10 — — 005 
 Dry goods imported, three ^^r cent, on their valuation. 
 Dry goods exported, a duty of three ^^r cent. 
 
 To demand and Wc do hereby order and inftrudt you to demand and receive the 
 duties that were faid feveral duties, and that in fo doing you do ftridly conform your- 
 limfof Thl'"' felf to the ancient cuftoms and ufages of the faid country before it was 
 r«nch govern- conquered by his Majefty ; and that you demand and take all fuch 
 and the like papers, orders, and inftrudions for the regulation of 
 your conduit in the faid.office as formerly and ufually were given 
 
 to 
 
>yal fign 
 ited you 
 eftatcs, 
 its, and 
 pted) be- 
 fe within 
 ng in the 
 •ules, and 
 herein is 
 ;afury, or 
 mifrioners 
 it to give 
 contained 
 ted to you 
 
 uties were 
 lent there 
 s to fay, 
 
 Ig money. 
 s. d, 
 
 10 o 
 
 o o 
 
 o 
 o 
 
 o 
 
 14: 
 
 leceive the 
 )rm your- 
 Ifore it was 
 le all fuch 
 [ulation of 
 }ere given 
 to 
 
 Itmari! in 
 nt of .11 
 
 C «57 ] 
 
 to thofe who had the management of the revenue of that country 
 before th^ conqueft thereof; taking care that Englifli and other 
 brandies, cau dc vie de liqueur, rum, and wines, from whatever 
 parts they may arrive and be imported into the faid province, do 
 pay the liice duties and rates thereupon as were formerly and ufually 
 paid as aforefaid ; and that the like rule be obferved by you in 
 refpe«Sl of dry goods imported or exported, and allowing fuch and 
 the like exemptions of duties and taxes as have formerly and 
 ufually been allowed in the faid country whilft in the poflcflion of 
 the French king. 
 
 And whereas it is neceffary that regular accounts fliould be mader-d 
 and exhibited by fuch of his Majefty's officers, who have h;id thejl'Jb,;" 
 management of any of his cflates and revenues in the faid province tiiiu.ui.m iuy 
 lince the conqueft thercor, you are hereby Itrialy enjoined to demand ^imi.rirc- 
 of all the faid officers exadt and complete accounts of all funis q^ > '"=J«'^«"*"'*i 
 money^ of the duties, fines upon alienations, taxes, and revenues of 
 the crown whatfocver, which have arifen and grown due to his 
 Majefty, and have been received for his Majefty's ufe by the faid 
 officers, or any of them j and if any fuch duties and revenues are wj «o Jcmar.a 
 outftanding in the han.-^s of the inhabitants who ought to have paid "[Jj jXhiuatj 
 the fame, you are further ftridly direded to make ufe of all leyal »,^,> "^ '1^'. 
 methods for the recovery thereof; and you are generally to purlue th.,t rcmaiu un- 
 and ulc au fuch legal ways and methods as may be neccflary for the ^^' ' 
 accounting for and recovering all monies due to his Majefty for any 
 his faid duties and revenues of and in the faid province from any 
 perfon or pcrfons whatfoever. 
 
 We do likewife inftrudl and authorize you to fufpend any officer Pf^^rfo 
 or officers belonging to the revenues under your charge for any mif- oirJi'iiccMo 
 behaviour in their departments; which .ufpenfions are to be forth- ''^ """"'' 
 with fey you notified to the commiffioners of his Majefty's treafury, 
 you appointing others in the mean while to do the duty of the 
 perfons fo to be fufpended. 
 
 And it is his Majefty's pleafure that no greater number of "T^i^ ™;^)^'|, '',^ 
 officers ffiall be employed than what may be fufficient to take care of heisfmaiias* 
 the revenues and eftates under your charge; and that no greater or j^^f|j|^i;.f,iaries 
 further allowances or falaries (hall be given to the in than fuch as «"'^ p''"';"''" 
 were annexed to then- feveral omces while the faid country was i r i.c "-re ,di 
 fubjedt to the French king. " " '""'"'• 
 
 nferi- 
 
 
 f:^ 
 
 -i! 
 
 m 
 
^ms' 
 
 ;; St 
 
 Oftn. 
 
 [ '58 3 
 
 cTrnShe'""' "^^^ liavlng bccn ^formed that the ports and places of rcfort, to 
 • jvins's poifs, which the Indians and favagc nations ufed at Itated times of the 
 u moil expi^"i- year to come with their furs and pehries, were formerly kept as 
 cm to lay ti.cn, p^^j of thc King's domaio and eftate, but that a leafe of the faid 
 pofts and pkces hat^-* ' n granted by Governour Murray to a com- 
 pany of merchant? - a term of year« upon the fame plan as when 
 ihe<:ountry was luajeifl to the French king : you are hereby ftridly 
 directed to examine into the nature and condition of that leafe, and 
 acquaint us for his Majefty's information, whether, in your opinion, 
 by the continuance of thc faid leafe the confidence of the favages 
 may be gained, and their affedions to his Majelty's government be 
 conciliated and preferved in the moft effcdtual manner, or whether 
 the faid purpofes may not be better anfwered and obtained by opening 
 a free intercourfe of trade between tlvem and the province. 
 
 f-anJs of rc- 
 ■ Ujjiuus houiis. 
 
 And whereas the lands of feveral religious focieties in the faid 
 province, particularly thofe of the fociety of the Jefuits, are, or 
 will become, part of his Majefly's revenue, you are therefore to 
 endeavour, by agreements to be made with the perfons interefted 
 for the prefent in arvy the faid ertates, to take the faid eftates 
 into your charge, giving unto them refpedively fuch competent 
 allowance thereout for their lives as you may judge proper, taking 
 care that thefe lands may not be fequeftered or alienated from his 
 Majcfty. You are from time to time to acquaint the lords of the 
 treafuny of your proceedings herein. 
 
 And, for better enabling the proper officer to colledl the duties 
 •upon importation and exportation within the faid province, you are 
 upon your arrival in Canada to give him the moil exadt accounts 
 and lifts of the duties upon importation and exportation which were 
 raifed whilft the country was fubjcd to the French king, fo that he 
 may conform in every thing to what was the ancient ufage of the 
 country before the conquelt : and he is to account with you from 
 time to time, and to pay the clear amounts of receipts into your 
 hands Jor defraying the expences of civil officers and contingencies of 
 government in that province. 
 
 <h«''irnl«i«- ^^^ ^^^ *^ *PP^y ^^^ monies which (hall come to your hands of 
 ctivedbytht the faid duties and revenues, in the firft place, for and towards 
 t«civerj«mi«i. jgj-f^^yj„g ffj^, nectjfary expences of government, and the neceJJ'ary charges 
 
 i 
 
rt, to 
 )f the 
 ,ept as 
 le faid 
 cotn- 
 when 
 [Iriaiy 
 fe, and 
 jinion, 
 ravages 
 ent be 
 rhether 
 pening 
 
 lie 
 are. 
 
 faid 
 
 or 
 
 fore to 
 
 terefted 
 
 eftates 
 
 ipetent 
 
 taking 
 
 om his 
 
 of the 
 
 z duties 
 you are 
 ccounts 
 ;h were 
 that he 
 of the 
 )u from 
 to your 
 ncies of 
 
 C 159 ] 
 
 managing the revenue under your care j remitting home by good £'^^7,,'^'^ 
 bills of exchange the furplufTes of the monies which from time to neceffary for the 
 time fhall remain in your hands after payment of thofe expences, in « ollebec!"^ . 
 order that the fame may be applied to the reimburfing the public e„T,j"'^ '* 
 here the monies which have been neceffarily advanced for that 
 province by reafon that the aforefaid duties and taxes have not been 
 levied within the two years lafl pad. 
 
 And laftly, . we charge and require, you annually to tranfmit to Annuaiaccoums 
 the commifiioners of his Majei^y's treafury for the time being exad "'j*"^'^'^^?" 
 accounts of all youE receipts and payments, and other your ».«j" "^^ <«"« «• 
 tranfadlions in the premif^is, taking care that duplicates thereof be "^ ""' * 
 fent by different (hips to prevent the confequences of any mif- 
 carriages by dangers of the feas. . 
 
 Given under our hands at the Treafury Chambfers In Whitehall, 
 this tenth day of March one thoufand feven hundred and . 
 fixty-iix. 
 
 (Signed) WM D O WD E S WE L L.,. 
 J* CAVENDISH. 
 GEO. ONSLOW. 
 
 To our very loving friend 'Thomas Mi'l^s^ Efquire, 
 Receiver General and Collector of his Majejlfs . 
 Revenues arifing within the province of ^ebec , 
 (the revenues of cujtomi excepted)^ 
 
 InftruAions to the King's Receiver iti the Province of Quebee; 
 
 I) 
 
 i'i 
 
 A 
 
 
 I ;'»''•' ■<* 
 
 ands of 
 
 towards 
 
 charges 
 
 of 
 
 N U M B E Kl 
 
 .:■ Ma 
 
 :H 
 
 
 t 
 
' [ i6o ] 
 
 » ' ' ' 
 
 NUMBER XXV. 
 
 ORANT of the Office of SURVE YO R and 
 AUDITOR GENERAL of the King's Revenues 
 arifing in America to the Honourable Robert 
 Cholmondeley, Efquire, by Letters Patent under 
 the Great Seal of Great Britain, dated 20 November, 
 1752. 
 
 'GEORGE tie SECOND y by the Grace of Gody of Great Britain, 
 France, and Ireland, King, Defender tf the Faith, C^c. To all 
 to whom thefe Prefents Jhall come. Greeting : 
 
 Recital of tlie 
 reverfionary 
 grant of the 
 office to Georje 
 Lord Ne»- 
 liMrgh, after- 
 wards Earl of 
 Cholmcndelty, 
 liis heirs and 
 executors, in 
 { Oco. I. 
 
 from and »fter 
 tlie death or 
 other dttermi- 
 Hjition of tha 
 f Ihite of Horace 
 Walpole the 
 younger ; 
 during the lives 
 of James and 
 Cieorge Cliol- 
 mondelcy, fons 
 of the laid Lord 
 NtwLurgh. 
 
 WHEREAS our late royal father, King George the Firft, of 
 glorious memory, did by his letters patent under his great 
 feal of Great Britain, bearing date at Weftminfler on or about the 
 fixth day of September in the fifth year of his reign, for himfelf, 
 his heirs and fuccefTors, give and grant unto his right trufty and 
 well-beloved George Lord Newburgh, afterwards George Earl of 
 Cholmondeley, his heirs, executors, or adminiftrators, to be 
 executed by himfelf, or by his or their fufficient deputy or deputies, 
 from and immediately after the death, furrender, forfeiture, or other 
 determination of the eftate and intereft of his trufty and well- 
 beloved Horatio Walpole the younger, Efquire, therein, for and 
 during the natural lives of James Cholmondeley and George Chol- 
 mondeley, fons of the faid George Lord Newburgh, afterwards 
 George Earl of Cholmgndeley, together with the annuity, or yearly 
 falary, of five hundred pounds Sterling, payable as therein is 
 mentioned, for and during the natural lives .of the fame James 
 Cholmondeley and George Cholmondeley. 
 
 Dfvife of the 
 afi;i«rj >i revef' 
 
 And whereas the faid George, late Earl of Cholmondeley, did 
 
 ii. nary graai fcy hy his laft will and tcftamcnt, bearing date the fourteenth day of 
 
 to^hi^snunj-''* Auguft 1732, give and bequeath the reverfiouary grant which he 
 
 2 • had 
 
 ciiildreu Robert 
 
R and 
 
 ivenues 
 
 OBERT 
 
 t under 
 ember, 
 
 ' Britatn, 
 
 To all 
 
 FIrft, of 
 his great 
 libout the 
 himfelf, 
 rufty and 
 Earl of 
 to be 
 deputies, 
 or other 
 nd well- 
 for and 
 ge Chol- 
 \erwards 
 or yearly 
 herein is 
 ine James 
 
 eley, did 
 
 th day of 
 
 Bwhich he 
 
 had 
 
 [ '6' ] 
 
 had of the faid office of iurveyor and auditoi-general of our plan- '"''.^"^^Y''* 
 tations in America unto his grand-children Robert Cholmondeley i>y luTu'ii Vili 
 and Frederick Choknondeley, who is fince deceafed. younger ^;J,V" '^"*"* 
 fons of the Lord Vifcount Malpas, now George Earl of Chol- 
 mondeley : 
 
 And whereas the faid Robert Cholmondeley, Efquire, gfan^<^fon fe"[e^"'^7t°„V'''' 
 and devifee of the faid George late Earl of Cholmondeley, and the aforefaid, and of 
 faid George Earl of Cholmondeley, eldeft fon and heir at law oV^'^Ztl"'' 
 the faid George late Earl of Cholmondeley, and the honourable °*^^';^'^'^j-'^,^^ 
 James Cholmondeley, Efquire, together with George James Guidotl:,K.in|..i'7'he 
 Efquire, the only furviving executors of the laft will and teftamentfe^of "thence 
 of the faid George late Earl of Cholmondeley, by an inPrument m *"ving«eratort 
 v/riting under their hands and feals, bearing date the fourteenth of the atorcfaii 
 day of Odlobcr in the twenty-fifth year of our reign, and duly oaXr Ti 
 inrolled in our high court of Chancery, have furrendered and yielded ^'^' "' 
 up into our hands all their right, title, and intereft, both in law 
 and equity, in cr to the faid office of furveyor and auditor-general 
 of all the revenues of us, our heirs and fucceffors, arifing in 
 America, with the fees, profits, perquifites, and advantages afore- 
 faid, together with the annuity or yearly falary of five hundred 
 pounds Sterling, and the faid letters patent themfelves to be cancelled 
 and vacated ; which faid furrender we have accepted, and by thefe 
 prefents do accept : 
 
 As by the faid recited letters patent, will, and furrender, relation 
 being thereunto refpedlively had, may more fully and at large appear. 
 
 NOW KNOW YE that we, in confideration of the faid furrender, 
 anJ for divers other good caufes and confiderations u? hereunto 
 m« ving, of our efpecial grace, certain knowledge, nnd meer motion, 
 have given and granted, and by thefe prefents for us, our heirs and 
 fucceffors, do give and grant unto our trufty and well-beloved the 
 faid Robert Cholmondeley the faid office or offices of Surveyor and 
 Auditor-general of all the revenues of us, our heirs and fucceffors, 
 arifing in America, together with all fuch fees, profits, perquifites. 
 and advantages as are now lawfully had, received, and enjoyed by 
 our trufty and well-beloved counfellor the faid Horatio Walpole by 
 virtue of the faid office. 
 
 X And 
 
 Grant of th« 
 faid office tu 
 Robert Chol- 
 mondtlty. 
 
 
 : AM 
 
 iii 
 
[ .62 ] 
 
 *¥*i 
 
 
 t! .» " \v, 
 
 !f c»»r 10 audit 
 the accounts of 
 ihc King's re- 
 tenue ariling in 
 America < 
 
 ttn3 to caufc tlie 
 fame to lie re- 
 CdvereJ by hiw- 
 i'ul m^ans : 
 
 and to aift in tlie 
 fame manner 
 witli relation to 
 
 tliis revenue as 
 ihc fiuveyor- 
 geiieral or audi- 
 tor of tlic F,x- 
 clieciiier in Eng- 
 land may law- 
 fully aa Willi 
 Tciy't-ft to the 
 King's revenue 
 in England. 
 
 Habendum. 
 
 And we do alfo give to him the /aid Robert Chohmndeky full fonder 
 and aiithqrity to tnfpeBt examine, Jlate^ and nudity and ivith the 
 allowance, authority, and confent of^ the commijjioners of the T^reafury, 
 or higjh treafurer, and chancellor of the. Exchequer of us, our heirs 
 and lucceffors for the time being, to determine all and fingular 
 accounts of all fuch rents, revenues, prizes, fines, ef cheats, forfeitures, 
 ■duties, and prof ts whatfoever as are . . reafon or caufe of any matter 
 or thing happened or fallen fmce the beginning of the firft war that 
 was between our late royal piedeceflbr Charles the Second, king of 
 England, &c. and the States General of the United Netherlands 
 fince his reftoration, and not before, and which jhall at any time 
 hereafter happen, fall, become, or be due, payable, or accruing unto 
 us, our heirs and fucceflbrs, during the continuance of this grant, 
 and which fliall not be accounted for before the commencement 
 thereof, in or from all or any of the feveral foreign dominions, ifiands, 
 ccknies, end plantations in America of us, our heirs and fucceflbrs ; 
 a^ alfo by all lawful ways and means to caufe to be recovered and 
 paid to the proper officers, to the ufe of us, our heirs and fucceifors, 
 all fuch rents, revenues, prizes, fines, efcheats, forfeitures, duties, 
 and profits as are now, or fhall be hereafter, due or owing to us, our 
 heirs and fucceflbrs, and which fliall not be accounted for as afore- 
 faid within or from the faid foreign dominions in America ; and to 
 do and perform all and every fuch other matter, caufe, or thing, in 
 rdation to the faid accounts and revenues, which to the office and 
 place of our furveyor-general, or any our auditors of our Exchequer 
 in England doth or may belong or appertain as to our accounts 
 and revenues in England : and him, the faid Robert Cholmondeley, 
 Surveyor and Auditor-general of die rents, duties, revenues, prizes, 
 fines, forfeitures, efcheats, and profits aforefaid, we do by thefe 
 prefents for us, our heirs and fucceflors, make, ordain, and con- 
 llitute : . ,_ :,'..■. 
 
 To have, hold, enjoy, and exercife the Hiid office or offices of fur- 
 veyor and auditor-general, with the fees, profits, perquifitcs, and 
 advantages aforefaid, unto him the faid Robert Cholmondeley, his 
 heirs, executors, and adminiflrators, from and immediately after 
 the death, furrendcr, forfeiture, or other determination of the 
 eflate and interefb therein of the laid Horatio Walpole, for and 
 during the natural lives of George Cholmondeley, commonly called 
 Lord Vifcount Malpas, and the faid Robert Cholmondeley ; and to 
 
 be 
 
'I po'wer 
 ith the 
 reafuryy 
 ir heirs 
 fingular 
 fcitureSf 
 r matter 
 ^^ar that 
 king of 
 lerlands 
 7«y time 
 Ing unto 
 s grant, 
 acement 
 , ijlandsy 
 xeflbrs ; 
 ered and 
 icceflbrs, 
 , duties, 
 ) us, our 
 as afore- 
 and to 
 thing, in 
 ffice and 
 xchequer 
 accounts 
 ondeley, 
 , prizes, 
 by thefe 
 land coli- 
 
 cs of fur- 
 
 [itcs, and 
 
 jeley, his 
 
 lely after 
 
 of the 
 
 for and 
 
 \\y called 
 
 ; and to 
 
 be 
 
 [ 
 
 «63 
 
 ] 
 
 be executed by the fiiiu Robert Cholmondc-Iey, his heirs, executors, Power town-' 
 andadminiftrntor?, or by his or their fufficient deputy or deputies, oJjj^^'^jVdcpuiy 
 fuch deputy or deputies bcina: tirft approved by the commimoners^PP''"^>j?'') '''•* 
 of the ireafury, or hii^h trcaiiirer lor the time being or us, our ctthcTicafmr- 
 heirs and fucccflbrs. 
 
 And for the better encouragement of him, the Hiid Robert Choi- cnnt of a r.iiry 
 niondelcy, diligently and faithfully to execute the faid office andiingaycvi. 
 employment of furveyor and auditor-general as afurcfaid, we have 
 given and granted, and by thefe prcfents for us, our heirs and 
 fucceilbrs, do give and grant, unto the faid Robert Cholmondeley 
 the annuity, or yearly falary, of five hundred pounds Sterling, to .iibwdu.., 
 have, hold, receive, and enjoy the faid annuity, or yearly falary, of 
 five hundred pounds Sterling, to him the faid Robert Cholmondeley, 
 his heirs, executors, or adminiftrators, from and immediately after 
 the death, funender, forfeiture, or other determination of theeflate 
 and intereft of the faid Horatio Walpole in the faid office^ for and 
 during the natural lives of the faid George Cholmondeley, com- 
 mohly called Lord Vifcount Malpas, and Robert Cholmondeley, 
 out of the faid rents, revenues, prizes, fines, forfeitures, efcheats, This fikryt» 
 duties, and profits, arifing, or growing due or payable, as aforefaid, lit^'iiyre'cmie 
 in or from the faid dominions, colonies, aiid plantations of America, '[^,^"'s •" Ame- 
 of us, our heirs and fucceflbrs, by the hands of the treafurers, receivers, 
 colled:ors, or other officers or perfons of us, our heirs and 
 fucceflbrs for die time being, out of fuch the treafure of us, our 
 heirs and fucceflbrs, as fliall be remaining in their hands, after and 
 according to the portions following; that is to fay, Out of all or any f™'" virgi, . 
 the rents and other duties and profits aforefaid arifing in and fromdocViToK— 
 our dominion and colony of Virginia the fum of one hundred pounds; I'ooL^l'jImriM 
 out of our ifland of Barbadoes the fum of one hundred and fifty'i^'- 
 pounds i out of our iflands, commonly called the Leeward Caribbec 
 Iflancls, the fum of one hundred pounds ; and out of our ifland of 
 Jamaica the fum of one hundred and fifty pounds, to be allowed them 
 on their refpedive accounts, and to be received by the faid Robert 
 Cholmondeley, his heirs, executors, or adminift:rators as aforefaid, 
 quarterly, at the four mofl: ufual feaft-days in the year; that is to -^ '•»<• p»^ i^ 
 fay, the Feafl: of Saint Michael the Archangel, the Birth of our^^f!:^ ^''' 
 Lord Chrift, the Annunciation of tlie blcfled Virgin Mary, and the 
 Nativity of Saint John the Baptifl:, by even and equal portions ; 
 and the faid payments to commence from and immediately after the^'iJ^'-cs'" 
 
 A 2 death. 
 
 If, ,,■: 
 
 'V 
 
 ' II ■■ \ 
 
 ;' ,? *■ 
 
 ■ i \ 
 
 
 * i 47 1 
 
iM 
 
 19 
 
 1 tf 
 
 ; i 
 
 
 t 164 ] 
 
 S»«eof rhV"'^^**^* furrender, forfeiture, or other determination of the eftatc 
 
 aforefaidHoratio and intcrcft of the faid Horatio Walpole in the faid office, and to 
 
 fiiioffiaf'''* be paid and payable in proportion^ after the rate of five hundred 
 
 , : pounds by the year, to him the faid Robert Cholmondeley, his heirs, 
 
 , :, executors, and adminiftrators, at and upon fuch of the faid feafts 
 
 which (hall iirft and next happen after the faid office fliall become 
 
 vacant as afprefajd. , 
 
 And we do hereby authorize, will and dlredl all officers and 
 perfons whom it may concern, to make due payment and allowance 
 of the faid annuity, or falary, of five hundred pounds Sterling in 
 manner as aforefaid, according to the purport, true intent, and 
 meaning of thefe prefents, for which the acquittance of the faid 
 Robert Cholmondeley, his heirs, executors, or adminiftrators fhall 
 be to fuch officers and perfons a fufficient difcharge. .. _,>.. . v^ 
 
 The grantee of And to the end that the faid office or oflices of our furveyor and 
 ob^"theTrK- auditor-general may be dnly and rightfully executed, we do hereby, 
 
 fomm'iffioners ^^^ "*» ^^'^ ^^^^^ ^^^ fucceflors, wlll and command the faid Robert 
 
 of the Treafury Cholmondeley, his heirs, executors, and adminiftrators, and his 
 
 ceiiorof the' aud their deputies, to be obedient to and obferve fuch orders, 
 
 Kxche^uer: yules, and dircdlons for and concerning the fame, or relating 
 
 thereunto, as the cqmmiffioners of the Treafury, or high treafurer, 
 
 ' and the chancellor of the Exchequer of us, our heirs and fucceflors 
 
 for the time being, fliall from time to time dired and appoint: 
 
 which diredtions and orders {hall be unto him the faid Robert 
 
 Cholmondeley, his heirs, executors, and adminiftrators at all times 
 
 «nd (hall dciivtr a good and fufficient warrant and difcharge: and that he the faid 
 
 ti'me'w'timra Robert Cholmoudeley, his heirs, executors, or adminiftrators, do 
 
 fount°s^ccfWM deliver unto them refpedively from time to time a fair and juft 
 
 from the officers jftate of all Aich accouuts as he fliall receive from the refpefitive 
 
 eftabhihed in the officers fettled or eftabliflied, or to be fettled or eftabliflied, within 
 
 plantations: ^j^^ ^^jj plantations, colonies, and dominions in America aforefaid : 
 
 and make pro- and that the faid Robert Cholmondeley, his heirs, executors, or 
 
 for thfiimpr*"- adminiftrators, do alfo from time to time offer and prefent to tlie 
 
 ]^f/,'^ ■ .j'^'/„„, commiffioners of the Treafury, or high treafurer of us, our heirs 
 
 and fucceflors for the time being, fuch propofals and obfervations 
 
 concerning our faid duties and revenues as may any ways tend to 
 
 our fervice. 
 
 And 
 
I >65 ] 
 
 Tovet to ap- 
 point infcriour 
 oflicert /or car- 
 rying on tlie 
 bufinefs of this 
 office, by the 
 dirciflion of th« 
 commiflloncrs 
 ot the I'teifury; 
 
 and to fiirpend 
 or Jir,ilace them 
 I)y the allow- 
 ance of t!ic fliiJ 
 oomminioncri. 
 
 And foi* the more effetflual execution and performance of the 
 premifcs, we do hereby further for us, our heirs and fucceflbrs, 
 impower and authorize the faid Robert Chohnondeley and his heir^j, 
 executors, and adininiftrators, from time to time to conftitute and 
 appoint, by any writing undtfr his or their hands and feals, fuch 
 inferiour otficcrs, for the better expediting and carrying on the 
 fervice in relation to the faid office, as by nomination, warrant, 
 and dire(ftion from the commiihoners of the Treafury, or high 
 treafurer of us, our heirs and fuccelTors for the time being, the faid 
 Robert Cholmondeley, his heirs, executors, or adminiflrators, fhall 
 be dircded -, and them from time to time to fufpend, remove, and 
 difplace, as to him the faid Robert Cholmondeley, his heirs, 
 executors, or adminiftrators, with the allowance or direction of the 
 commiffioners of the Treafury, or high treafurer of us, our heirs 
 and fucceifors for the time being, (hall be thought neceifary and 
 expedient. 
 
 And further, it is our exprefs will and pleafure that by the name ah "rears of 
 and line or rents, revenues, prizes, fines, elcneats, rorieitures, fines, dmies.mJ 
 duties, and profits arifing, due, and payable unto us, our heirs and of 'he Ki"ng" 
 fucceflbrs, witliin the faid dominions, be underftood and comprized l^'^'^'"^'^^;^,^^" 
 to all intents and purpofes, amongft other things, all, and all 'i«'^.'"'p= 'he 
 manner of arrears of monies, rents, revenues, prizes, and prize- thf'i?r'rt'uu°ch 
 goods, fines, forfeitures, efcheats, duties, and profits which have Re'fti',"Tion? 
 arifen within our faid dominions of America, and which are due,fh^''^jh^^f«'^^-«j- 
 payablc, and accountable unto us, our heirs and fucceflbrs, by any jujued i.y ;h. 
 perfon or perfons whatfoever by caufe or reafon of any matter or '^ 
 thing happened, or done, fince the beginning of the firft war which 
 was between his faid late Majefty King Charles the Second and the 
 States General of the United Netherlands fince his reftoration, and 
 not before, and that fhall hereafter happen, fall, or become due to 
 us, our heirs and fucceifors, during the continuance of this grant, 
 and alfo all feizures and forfeitures fmcc that time lawfully belonging, 
 or which fhall at any time hereafter belong, unto us, our heirs and 
 fucceffors, by virtue of any law or flatute of England or of Great 
 Britain, or other law which is or ihall be in force in any of our faid 
 dominions i« America refpetflively, not hereby direded to be other- 
 wife accounted for, or by reafon of any fpecial licence, grant, or 
 charter held of us, whether the fame be made on land or upon the 
 fea, in any part or parts whatfoever lying or lituate, oi commonly 
 
 accounted 
 
 irautee. 
 
 H ;;:i'; 
 
 'A 
 
 m 
 
 
 'I V 
 
[ 166 ] 
 
 accounted or efteemed to be lying or fituatc, within the limitjj and 
 bounds of America a forcfaid. itr^mi >■" >'*''' ■' 
 
 j»/>i 
 
 
 !*■'■ 
 
 All jovcrnours 
 »ik\ oLhcr 
 ofliccrs ot' tlie 
 ciown belong- 
 ing to the plaiv 
 tatians in Amc- 
 rici are to be 
 aiJinganJ afTift 
 ing to the 
 grantee in tlic 
 execution of 
 thi> office. 
 
 An exception 
 ot'tlic cuftonis 
 cr duties on 
 poods imported 
 into Great Bri- 
 tain from colo- 
 nics in America: 
 
 and of duties 
 payable for 
 goods tranfport- 
 cd frotn one 
 plantation to 
 another, by 
 virtue of the 
 ftat. as Car. II, 
 
 Thefe letters 
 patent, or the 
 exemplification 
 thereof, Ihall be 
 good in law for 
 the benefit of 
 the grantee, not- 
 withftanding 
 »ny mif-recital 
 of the former 
 letters patent or 
 ether impcrfec- 
 lioB, 
 
 And we do hereby for us, our heirs and fuccefibrs, rrqnire and 
 command all governours, deputy-governours, councii: is, and 
 commanders in chief, and their ,and every of their luhordinate 
 olHcers and minifters of us, our heirs and fuccelTors relpedtively, 
 and all and every coUedlors, receivers, treafurers, and all other 
 officers and perlons whatfoever, of, in, or apper^ining to, our laid 
 colonies and dominions in America, from time to time to obferve, 
 obey, and fulfil our will and pleafure in all things concerning the 
 premifes, and to be aiding, favouring, and aflifting the faid Robert 
 Cholmondcley, his heirs, executors, and adminiflrators, and his or 
 their deputy or deputies, in the due execution thereof. 
 
 And our will and pleafure is, and we do hereby declare our royal 
 intention to be, that thefe prefents, or any thing herein contained, 
 (hall not extend, or be conftrued to extend, to impower the faid 
 Robert Cholmondeley, or his heirs, executors, or adminiflratojs, 
 or any other perfon or perfons whatfoever, to adt or intermeddle in 
 or with the cufloms, impofls, or duties arifing in Great Britain for 
 or upon any wares, goods, or merchandizes imported into Great 
 Britain from our faid iflands, colonies, and plantations in America, 
 or with any bond or obligation, taken or to be taken in purfuance 
 of any adt of parliament at any time heretofore made in England or 
 Great Britain, or with any rates or duties payable unto us, our heirs 
 and fucceflbrs, for goods tranfported from one plantation to another 
 by virtue of an adt of parliament made in the twenty-fifth year of 
 his faid late Majefty's reign ; any thing herein contained to the con- 
 trary notwithftanding. 
 
 And laftly, we do by thefe prefents for us, our heirs and fucceffors, 
 grant unto the faid Robert Cholmondeley, his heirs, executors, and 
 adminiflrators, that thefe our letters patent, or the inroUment or 
 exemplification thereof (hall be good and efFedlual in the law, and 
 {hall be allowed of as well in all courts of record as elfewhere in 
 England, as alfo within any of our faid iflands, plantations, terri- 
 tories, and dominions whatfoever, for his, the faid Robert Chol- 
 mondeley's, his heir's, executor's, and adminiftrator's exercifing and 
 enjoying the faid office, profits, perquifites, advantages, and annuity 
 
 or 
 
[ '67 ] 
 
 or fiUary, according to the purport and true intent of thefe prcfents^ 
 without any further or other warrant in that behalf? iiotwithftanding 
 the not fully or truly reciting the faid recited letters patent, or the 
 date thereof, or any other imperfedion, defe£t, matter, caufe, or 
 thing whatfoever to the contrary thereof notwithftanding. 
 
 In witnefs whereof we have caufed thefe our letters to be made 
 patent. ,. ., ... 
 
 Witnefs ourfelf at Weftminfter the twentieth day of November 
 in the twenty-fifth year of our reign. 
 
 ■:h '.;: vTii ^ ,. By writ of Privy Seal. 
 
 '. . , . COCKS. 
 
 N. B, It might perhaps be doubted whether this commlffion com- 
 
 . prehended the revenues of the province of Quebec, as that 
 
 province did not belong to the crown of Great Britain at the 
 
 'time it pafTed the great feal, and there are no words in it that 
 
 exprefsly mention the future dominions of the crown in America : 
 
 .but the approbation hereafter following of the deputy-auditor 
 
 . appointed by Mr. Cholmondcley for this province by the lords 
 
 V commiflioners of his Majefty's Treafury, and the inftrudlion given 
 
 , by his Majefty himfelf to the governour of this province to caufe 
 
 » a docket of every warrant he fliall iffue for the furveying of lands, 
 
 in order to their being granted, to be entered in the auditor's 
 
 office, feem to be either a conftrudtive determination that it does 
 
 extend to this province, or an a<Sual extenfion of it for that 
 
 purpofe. 
 
 ,^ .. ,. w- 
 
 1-1 / ; . 
 
 ik ; i 1 ... *-. 
 
 The 
 
 '*!,„ *h J 
 
 •ll 
 
 ■u 
 
 ■-im 
 
 ^1 4^ 
 
MMCM, 
 
 C 168 3 
 
 The Auditor-Gencrars LETTER to the Lords Com- 
 milTioners of the Treafury, recommending and pre- 
 feiiting to their Lordiliips Mr. John Brook, Clerk, 
 as a M Perfon to be the AUDITOR'S DEPUTY 
 for the Province of Quebec. 
 
 5*0 f/jc Right Honourable the Lords Commiffioners of his Majeftys 
 
 Treafury, 
 
 My Lords, 
 
 TH £ office of Surveyor and Auditor-General of his Maje{ly*s 
 revenues arifing in America being vefted in me by virtue of 
 the late King's letters patent, bearing date the 20th day of 
 November in the twenty-fifth year of his reign, to have, hold, and 
 exercife the fame by myfclf or my fufficient deputy or deputies, 
 fuch deputy or deputies being Hrft approved by the right honourable 
 the lords commiffioners of his Majefty's Treafury, or the lord high 
 treafurer, for the time being j I do humbly prefent to your lord- 
 fhips John Brook, of Quebec, Clerk, as a fit perfon to be my 
 Deputy for executing the office of Surveyor and Auditor in his 
 Majefty's province of Quebec and all the territories dependant 
 thereon. 
 
 I am» with true refpeft. 
 
 Your Lordfhips 
 
 Moft obedient. 
 
 Auditor's Office, 
 January nth, 1764, 
 
 And moil humble Servant, 
 
 ROBERT CHOLMONDELEY, 
 
 Auditor-General. 
 
 The 
 
 I » 
 
[ '69 ] 
 
 Com- 
 i pre- 
 3lerk, 
 UTY 
 
 \4ajejlys 
 
 lajefty's 
 virtue of 
 day of 
 3ld, and 
 leputies, 
 nourable 
 3rd high 
 ir lord- 
 be my 
 in his 
 pendant 
 
 ELEY, 
 
 The 
 
 The ANSWER of the Lords CommiHiOiie! s tf tl : 
 . Treafury, approving and confirming the toiegoing 
 ;i NominatioD. -jho^ liv. /<Mdi'-i.-.j mv.- r- y.yi i 
 
 ^0 our very loving Friend Robert Cholmondeley, F/quire, 
 Surveyor and Auditor-General of his MajejiyU Revenues arifing 
 in America, 
 
 FTER our hearty commfiilvtio.^ we approve of your pre- 
 fentment aforegoing ; anc' .-o berfiby, purfuant to the power to 
 us referved in this behalf, authi.-rize and impower you to conllitute 
 and appoint the therein- named John Brook, to be your Deputy for 
 executing the office of Surveyor and Auditor-General in his 
 xMajefty's province of Quebec, and all the territories dependent 
 thereon, as by you propofed. And for fo doing this ihall be your 
 warrant. ■ .^.v. ' '5- ' -'j. ^-^^ :-"- -^^-^ 
 
 .,.h^q.. (3EORGE GRENVILLE. ! 
 
 !.lr:uw. • - NORTH. ^'. 
 
 Whitiehall, Treafury Chamber, J O H N T U R N E R. ..\ 
 thei2thdayof January 1764. j,,'. 
 
 !u ni u-ins ■ 
 
 ■■i> 
 
 Mr. Robert Cholmondeley's APPOINTMENT of 
 Mr. John Brook to be his DEPUTY for the 
 Province of QUtebec. 
 
 7"^ all Chrijlian People to whom thefe Pre/ents Jhall come. The 
 Honourable and Reverend Robert Cholmondeley, 
 ^ Surveyor and Auditor General of all his Majejlfs Revenues 
 ari/mg in America, Jendeth Greeting: 
 
 TX7 H E R E A S his late Majefty, by his letters patent under the Feciui of t^c 
 ▼ '^ great feal of Great Britain bearing date the twentieth day offfl-"J;' (•' 
 November in the twenty-fifth year of his reign, was gracioudy ^"''^ 
 
 Y ple.'.lcu '"'''' 
 
 hen 
 
 in 
 
rr^ 
 
 ^. 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 I.I 
 
 |J0 "^^ 
 
 Sf y£ 12.0 
 
 ■ 72 
 I 
 
 
 = 1— 1^ 
 
 
 ^ 
 
 — 6" 
 
 » 
 
 , < 
 
 Photogra{iiic 
 
 Sdences 
 
 CorpoKdion 
 
 33 WIST MAIN STRUT 
 
 WIBSTH.N.Y. MSM 
 
 (716)172-4303 
 

 / / 
 
 \\ 
 
 
 \ 
 
 ■^ 
 
 ■^ 
 
t 170 ] 
 
 pleafed to give and grant unto him the faid Robert Cholmondeley 
 the office of Surveyor and Auditor General of all his Majefly^s 
 revenues arifing in America; to have and to hold the fame 
 from and immediately after the death, or other determination of 
 the eftate and intereft, of Horatio Walpole, Efquire, afterwards 
 Lord Walpole, therein, with full power and authority to infpcdt, 
 examine, ftate, and audit, and, with allowance and confent of 
 the lord high treafurer, or commiflloners of the Treafury, and 
 chancellor of the Exchequer for the time being, to determine all 
 and fmgular accounts of all fuch rents, revenues, prizes, fines, 
 efcheats, forfeitures, duties, and profits whatfoever as are by reafon 
 of any matter, or thing, happened or fallen, and which fliall at 
 any time thereafter become due and payable to his Majefly, his 
 heirs and fuccefTors, during the continuance of the faid letters- 
 patent, in or from all or any of his Majefly's foreign dominions, 
 iflands, colonies, and plantations in America, and by all lawful 
 ways and means to caufe the fame to be recovered and paid to 
 his Majefly's ufe, and alfo to exercife and. enjoy the faid office 
 to him the faid Robert Cholmondeley by himfelf or his fufficient 
 deputy or deputies (fuch deputy or deputies being firft approved 
 by the commifHoners of the Treafury, or high treafurer for the 
 time being) for and during the natural lives of Gecrge Chol« 
 mondeley, commonly called Lord VifcQunt Malpas, and the faid 
 Robert Cholmondeley : 
 
 J^hofHorafio ^^^ whcrcas the faid Horatio, Lord Walpole, departed this 
 Lord Walpole, Hfc on thc 5th day of February. 1757, whereby the faid office, 
 ramf™rthe became veiled in the faid Robert Cholmondeley, his heirs,. executors,, 
 office, in I7J7. ^j. adminiflratocs, during the term aforefaid :- 
 
 Arpoin.mentof NOW KNOW YE, that the faid Robert Cholmondeley, for 
 
 Ml. John Brook rt-r^i • ir c l. -r ^ i 
 
 to be jrp.iiy ,0 the more efrectual execution and performance 01 the premifes, and 
 
 •iiomidiyibr i-hebcttcr expediting and carrying on his Majefly's fervice, hath 
 
 tin°c^" conftituted and appointed, and, by thefe prefents, doth conftitute 
 
 ^ and appoint, John Brook, of Quebec, Clerk, to be his Deputy 
 
 within his Majefty's province of Quebec, and all the territories 
 
 dependant thereon, for the purpofes and to the ends hereafter 
 
 Thedepmyfhau mentioned, and no other; that is to fay, that he the faid John Brook. 
 
 I iivc power to » ' •^ 
 
 examine »n* iliall, and thc faid Robert Cholmondeley doth hereby give and 
 to"m»'/t"he grant full power and authority to the faid John Brook to infpedt, 
 """"*' .. examine 
 
[ »7« ] 
 
 examine, and ftate all accounts of all fuch rents, revenues, prizes, 
 
 fines, efcheats, feizures, forfeitures, duties, and profits whatfoevef 
 
 as have not already been examined, dated, and finally determined, 
 
 or fhall hereafter happen, fall, become dae or payable, or accruing 
 
 unto his Majefty, his heirs and fuccefibrs, within the faid province, 
 
 with full power and authority to and for him, the faid John Brook, 
 
 by all lawful ways and means, to caufe to be recovered and paid *"''"' ""'"'"•« 
 
 unto the proper omcers, to his Majelty s ule, all luch rents, of the revenue 
 
 revenues, prizes, fines, efcheats, feizures, forfeitures, duties, and bV-ituwrur* 
 
 profits whatfoever, as aforefaid, as have accrued, or (hall hereafter ^^''^^y- ^"''p''«' 
 
 accrue, to his Majefty, his heirs and fucceflbrs, as aforefaid, within officwj. 
 
 the faid province, and have not been, or fhall not be, anfwered or 
 
 fatisfied and paid to the proper officers, to his Majefty's ufe; to Tohoijtiieftid. 
 
 have and to hold the faid office of Deputy Surveyor and Auditor V^^^ot^^P' 
 
 unto the faid John Brook fo long as by him the faid Robert Choi- m'* 'rtJ i'"""t 
 
 J O J Mr.CholmonJe- 
 
 mondeley Ihall be thought fit. ley's pUafmc. 
 
 And the faid Robert Cholmondeley doth hereby require from the j][''|f^^'j'*,^^^"fT 
 faid John Brook ; and the faid John Brook doth, by his acceptance oncHn every 
 of this prefent grant, agree to and with the faid Robert Choi- ItTeaei'TOpieJoK 
 mondeley j that he, the faid John Brook, fliall once in every fix ^^'{,[',1^ iirS* 
 months, or once in every year at lead, during which he fliall be ''-ve exuminci 
 deputy to the faid Robert Cholmondeley by virtue of thefe prefents, Mr.ch!)tn>o!uie. 
 tranfmit and fend over unto him the faid Robert Cholmondeley, l!,'^,''^fffi;',nJ;'; 
 with duplicates thereof to the lord high treafurer, or lords com-<>f«i'e ire^iury; 
 miffioners of the Treafury for the time being, fairly written, 
 and by the faid John Brook under his hand attefted, all fuch accounts 
 of the rents, revenues, prizes, fines, efcheats, feizures, forfeitures, 
 duties, and profits aforel'aid, as he the faid John Brook fliall from 
 time to time have infpedled, examined, and flated. and alfo 
 duplicates thereof by the next conveyance j and (liall at the fame ard hr n, ii 
 time certify and make known unto the faid Robert Cholmondeley m;',-,,';;,'?,;'",':! 
 all fuch fum and fums of money, if any fuch fliall be, as he hath l^y*'^'^^''":"'* 
 by the ways and means aforefaid caufed to be recovered and paid toUuiiiiavrcuiMrd 
 the proper officers, to his Majefty's ufe: and the faid John Brook 1^1 p'raTo'tlil 
 ihall in all and every other matter and thing relating to the niidP^j'',^^'|j*[,':.';i 
 office obferve fuch rules and inftruftions as the faid Robert Choi- "H «iiti ti'i'ig 
 mondeley fliall at any time or times give or trani'mit unto him. "idofikeVb-" 
 
 fervc the iliue- 
 tif ns ol Air. 
 Y 3 And ^'^'^''^orJtley. 
 
 If 
 
 
 i 
 
lUi! 
 
 [ *72 ] 
 
 Aiitfttdoneby And laAIy, die faid Robert Cholmondeley doth hereby ratify, 
 byVimie'of t?i» confifm, .and allow all and every aft and adls, thing and things, that 
 ftf thefaS? {hall be done and executed by the faid John Brook, deputy to the 
 force as if they faid P obcrt Cholmondcley, by virtue of thefe prefents, and doth 
 b> Mrt^aou hereby grant that they and every of them (hall be of equal force 
 mondeiey him- ^^^^ authority as if they had been done, executed, and performed 
 by the faid Robrrt Cholmondeley himfelf in his proper perfon. 
 
 In witnefs w^hereof the faid Robert Cholmondeley hath hereunto 
 fet his hand and feal this 14th day of January 1764, in the fourth 
 year of the reign of his Majefty King George the Third, of 
 Great Britain, &c. King, and fe forth. 
 
 (L. S.) 
 
 ROBERT CHOLMONDELEY. 
 
 Sealed and delivered, being firft duly 
 ilamped, in the prefcnce of 
 
 JOHN HATCH. 
 DAVID BALFOUR. 
 
 INSTRUCTIONS to the Reverend Mr. John Brook, 
 Deputy- Auditor of his Majefty's Revenues arifing in 
 the Province of Quebec. 
 
 ■1I7HEREAS, in purfuance of the ap- • tion of the right 
 ' "^ honourable the lords commiffioners of !* lajefly's Treafury 
 figned the 1 2th day of January 1 764, I have, by inftrument under 
 my hand and feal bearing date the 14th day of the fame month, 
 conftituted and appointed you to be my Deputy in the province of 
 Quebec, and all the territories dependant thereon, for the examining 
 and ftating all the accounts of the public revenue arifing within 
 that province. 
 
 You 
 
ratify, 
 s, that 
 to the 
 d doth 
 I force 
 formed 
 jn. 
 
 ereunto 
 
 fourth 
 
 ird, of 
 
 LEY. 
 
 Brook, 
 (ing in 
 
 the right 
 Treafury 
 nt under 
 
 month, 
 vince of 
 xamining 
 
 g within 
 
 You 
 
 [ '73 ] 
 
 You are, in the execution of the powers given to you by the 
 faid inftrument or deputation, to apply yourfelf to the infpefting, 
 examining, and dating all accounts of all fuch rents, revenues, 
 prizes, fines, efcheats, feizurcs, forfeitures, duties, and profits 
 whatfoever as have not been already examined, dated, and deter- 
 mined. 
 
 You are, for that purpofe, to inform yourfelf in the beft manner 
 you can, of what rents, revenues, prizes, fines, efcheats, fcizures,. 
 forfeitures, duties, and profits in that province have any ways 
 accrued or become due to the crown, or which (hall hereafter 
 accrue to his Majefty, his heirs and fucceffors, within the fame, 
 and have not been, or fhall not be, duly anfwered, paid, or fatif- 
 fied to the proper officers of the crown, and to endeavour by all 
 lawful ways and means that the fame may be recovered and anfwered, 
 or paid, to the proper officers to his Majefty's ufe. 
 
 And you are to tranfinit unto me attefted copies of all fuch afts, 
 or public orders, js fhall at any time be pafTed or made, any ways 
 relating to the public revenues or profits in that province, which are 
 to be delivered to you by the fecretary of the faid province upon 
 your application to the governour, or commander in chief, for hijs 
 diredtions to him therein. 
 
 And whereas a confiderable part of his Majefty's revenues in theJ'^P™'^'"*' 
 
 - . , . . . - , -T . -', ' , true (hte ot tl>« 
 
 faid province anles from the quit-rents, that it may be moreqnit-rentsjiie 
 certainly known what is rightfully due to the King on that head, ""''* '^'"^' 
 you are to procure by the beft ways and means a true ftate and 
 rent-roll of the faid quit-rents, which may be allowed of by the 
 governour in council, fo as to be an authentic charge upon the re- 
 ceiver of the revenue, whereof you are to fend over to me authentic 
 copies to remain in my office j and fo from time to time, as any 
 further grants of land {hall be made. 
 
 
 
 And you are by letters to inform me from time to time, by all 
 opportunities, of all fuch monies or other profits as at any time 
 fliall have been recovered, or Ihall be recovered, for his Majefty's 
 ufe, or whereof you have received, or fhall at any time receive, 
 information that the fame is of right accruing or belonging to his 
 z Mojefty,. 
 
 
Mi' 
 ■I 
 
 [ 174 ] 
 
 Majefly, or of any other matter or thing which fliall <:ome to your 
 knowledge, which may be of advantage to his M^efty's revenucs.. 
 
 You are further to take notice, that the feveral accountants arc 
 to make oath to the truth of their refpedive accounts before his 
 Majefty's governcur, or commander in chief, of that province: 
 which accounts, being certified by the faid governbur to have been 
 fworn to before him by the faid receiver, and regularly audited by 
 you every fix months or oftener, you are to tranfmit unto me, with 
 their proper vouchers, by the firft an»l bed: opportunity, and duplicates 
 thereof to the lord high treafuier, or lards commillioners of the 
 Treafury for the time being, and duplicates of the fame by the next 
 conveyance to both refpeclively. 
 
 Auditor's Office, 
 January 14th, 1764. 
 
 JROBERT CHOLMONDELEY. 
 
 NUMBER 
 
C X75 ] 
 
 ! to your 
 i^enues.. 
 
 :ants are 
 sfore his 
 rovince : 
 ive been 
 iited by 
 le, with 
 uplicates 
 •s of the 
 the next 
 
 ;ley. 
 
 B E R 
 
 NUMBER XXVII. 
 
 EXTRACTS from his Majeft/s INSTRUCTIONS 
 to James Murray, Efquire, Captain General and 
 and Governour in Chief of the Province of Quebec, 
 relating to GRANTS of LANDS. Given under 
 his Majefty's Signet and Sign ManuaL 
 
 AND whereas nothing can more efFedually tend to the fpeedy Method to u 
 •**■ fettling our faid colony, the fecurity of the property or ourpant"ofUn"4, 
 fubjeds, and the advancement of our revenues, than the difpofing 
 of fuch lands as are our property upon reafonable terms, and the 
 eilablifhing a regular and proper method of proceeding with refpeift. 
 to the pafTing of grants of fuch lands ; it is therefore our will and 
 pleafure, that all and every perfon and perfons, wha fliall apply 
 to you for any grant or grants of lands, fliall, previous to their ob- 
 taining the fame, make it appear before you in council that they Petition for 
 are in a condition to cultivate and improve the fame, by fettling m"de toth^ 
 thereon, in proportion to the quantity of acres deiired, a fufEcient |°J*^j'"" '• 
 number of white perfons and negroes : and in cafe you fliall, upon 
 a confideration of the circumftances of the perfon. or perfons ap- 
 plying for fuch grants, think it advifeable to pafs the fame, in fuch 
 cafe you are^to caufe a vAirrant to be drawn up, directed to the wamm to fun 
 furveyor-general, or. other proper officers,, irapowering him or them ^uonerfor., 
 to make a faithful, and exad furvty of the lands fo petitioned for, 
 and to return the faid warrant within fix months at furthefl: from 
 the date thereof, with a plot or defcription of the lands fo furveyed 
 thereunto annexed j provided that you do take care that, before any 
 fuch warrant is illued as aforefaid, a docket thereof be entered in. 
 the auditor's and regifter's office- 
 
 And when the warrant fliall be returned by the faid furveyor orG«nttob*. 
 
 made in due 
 to 
 
 Other proper officer, the grant fliall be made out in due form, and form, and 
 the terms and conditions required by thefe our inftrudlior 
 tiiularly and exprefsly mentioned in the refpedtive grants. 
 
 And 
 
 proper conditi- 
 ons in cicprtft 
 
 WOtdtr. 
 
 M 
 
[ '76 1 
 
 1i 
 I' 
 
 ■j: 
 
 I ' 
 
 Tntoif^iiiacJ And it is our will and pleafure, that the faid grants fliall be 
 n.'ol Jils'in ri,c regiftcrcd within fix months from the date thereof in the regifler's 
 .,'!;« c^nhc office there, and that a docket thereof be alfo entered in our 
 
 Cuts ot tl c 
 
 inioiiiicnu, auditor's office there, in cafe fuch eftabliihtnent fliall t;ike place in 
 
 ?Mokci,lnrd our faid province J or that, in default thereof, fuch granc fliall be 
 
 l"hccr""'" ' ^^''^ • copies of all which entries fliall be returned regularly by the 
 
 proper officer to our commiffioners of our Treafury and to our 
 
 commiffioners for Trade and Plantations within fix months from the 
 
 date thereof. 
 
 ineonvcrienciM Aud whercas great inconveniencies have arifen in many of our 
 from griming colonics in America from the granting cxceffivc quantities of land 
 "uant^^cs'^r *^ particular perfons, who have never cultivated nor fettled it, and 
 idiid to piirtiru- have thereby prevented others more induilrious from improving the 
 arperiont. fjjjfjg . In ordcr thcrcforc to prcvcnt the like inconveniencies for the 
 future, you are to take efpecial care that in all grants to be made 
 by you by and with the advice and confent of our council, to perfons 
 applying for the fame, the quantity be in proportion to the ability 
 to cultivate. And you are hereby directed to obferve the fol- 
 lowing diredlions and regulationo in all grants to be made by 
 you, vtz. 
 
 t\ii7^anA^^ro' That onc hundred acres of land be granted to every perfon, 
 portions lands being maftef or miftrefs of a family, for himfelf or herfelf, and 
 to^thepeS- fifty acres for every white or black man, woman, or child of which 
 *"■ fuch perfon's family fliall confift at the acflual time of making, the 
 
 grant. And in cafe any perfons applying to you for grants of lands 
 fliall be defirous of taking up a larger quantity than the a<ftual 
 number of perfons in his or her family would intitle fuch perfons 
 to take up j it is our will and pleafure, and you are hereby allowed 
 and permitted, to grant unto every fuch perfon or perfons fuch further 
 quantity of land as they may dcfire, not exceeding o|ie thoufand 
 acres over and above what they are intitled to by the number of 
 perfons in their refpedlive families, provided it fliall appear to you, 
 that they are in a condition and intention to cultivate the fame ; and 
 provided alfo, that they do pay the receiver of our quit-rents or to 
 fuch other officer as (hall be appointed to receive the fame, the fum 
 of five ftiillings only for every fifty acres fo granted, on the day of 
 the date of the grant : 
 
 That 
 
 
fliall be 
 regider's 
 d in our 
 : pi nee in 
 niall be 
 rly by the 
 id to our 
 5 from the 
 
 ,ny of our 
 ;s of land 
 led it, and 
 )roving the 
 i:ies for the 
 
 be made 
 , to perfons 
 
 the ability 
 ^e the fol- 
 e made by 
 
 rery perfon, 
 lerfelf, and 
 Id of which 
 making, the 
 nts of lands 
 
 1 the a(flual 
 uch perfons 
 eby allowed 
 fuch further 
 lie thoufand 
 
 number of 
 pear to you, 
 s fame; a^id 
 t-rents or to 
 
 le, the fum 
 the day of 
 
 [ 177 3 
 
 That all grantees be fubje<a to the payment of two (hillings Cc^st-rwi. 
 Sterling for every hundred acres, to commence at the expiration 
 of two years from the date of fuch grant, and to be paid yearly 
 and every year, or in default of fuch payment the grant be 
 void : » 
 
 That every grantee, upon giving proof that he or flie has fulfilled 
 the terins and conditions of his or her grant, {hall be intitled to 
 another grant, in the proportion and upon the conditions above- 
 mentioned : n . ) . i 
 
 That for every fifty acres of land accounted plantable, each ^^j^j/'jj'^"* "' 
 patentee (hall be obliged, within three years after the date of his 
 patent, to clear and work three acres at the leaft in that part of his 
 ttzd: which he (hall judge mod convenient and advantageous; or 
 elfe to clear and drain three acres of fwampy or funken grounds, 
 or drain three acres of mar(h, if any fuch be within the bounds of 
 his grant : 
 
 That for every fifty acres of land accounted barren, every patentee 
 (hall be obliged to put and keep on his land, within tnree years 
 after the date of his grant, three neat cattle, which number he (hall 
 be obliged to continue on his land, until three acres for every fifty 
 be fully cleared and improved : 
 
 That i^ any perfon (haH take up a tradl of land wherein there (hall 
 be iio part fit for prefent cultivation without manuring and improving 
 the fame,^every fuch grantee (hall be obliged, within tVuec years 
 from the date of his grant, to eredt on fome part of his iand one 
 good dwelling- houfe, to contain at leaft twenty feet in length and 
 lixteen feet in breadth, and j^lfo to put on his land the like number 
 of three neat cattle for every fifty acres : 
 
 That if any perfon (hall take up any ftony or rocky grounds, not fit 
 for planting or pafture, and (hall within three years after the pa(fing 
 of his grant, begin to employ thereon, and fo continue to work for 
 three years then next enfuing, in digging any ftone quarry or other 
 mine, one good and able hand for every hundred acres of fuch part, 
 it (hill be accounted a fuflicient cultivation and improvement : 
 
 Z That 
 
 .1 
 
 mm 
 
 m 
 
 I 
 
 till 
 
 11' 
 
 
 
 I 
 
 ii 
 
 t 
 
 \ 
 
t 
 I 
 i 
 
 it, 
 
 , ( 
 
 It. 
 
 
 II T; 
 
 Jl 
 
 
 f roof may Im 
 made of the 
 
 ( 178 ] 
 
 That every three acres which fhall be cleared and worked as 
 afore&id, and every three acres which (hall be cleared and drained 
 as aforefaid, (hall be accounted a fufficient feating, planting, culti-' 
 vation, and improvement to fave for ever from forfeiture fifty acres 
 of land in any part of the tradt contained within the fame patent* 
 and the patentee fhall be at liberty to withdraw his flock, or to 
 forbear working in any quarry or mine, in proportion to fuch 
 cultivation and improvement as Hiall be made' upon the plantable 
 lands, or upon the fwamps, funken grounds,, and marfhes which 
 ihall be included in the fame patent : 
 
 That when any perfon, who Hiall hereafter take up and patent 
 cultrvatVnof any lands, fhall have feated, planted, and cultivated or improved 
 fcourf Jr^'"*the faid land, or any part of it, according to the diredtions and con- 
 jufticcj ditions above-mentioned, fuch patentee may make proof of fucb 
 
 feating, planting, cultivation^ and improvement in the general 
 tnd • certificate court, or in the court of the country, diflri^, or precindt where 
 ij ihtjuA^Iot fuch lands fhall lie, and have fuch proof certified to the rcgifter's 
 'u(H« ftliibe office, and there entered with the record of the faid patent, a copy 
 entered In the of which fhall be admitted, on any trial, to prove the fcatine and 
 
 ofBceof there- r^-ri-iJ 
 
 giflerorcierkof plantmg fuch land : 
 
 the inrolmcnti. 
 
 And laflly, in order to afcertain the true quantity of plantable and 
 barren land contained in each grant hereafter to be made within^ 
 our faid province, you are to take efpecial care that, in all furveys 
 hereafter to be made, every furveyor be required and enjoined to 
 take particular notice, according to the befl of his judgment and 
 underflanding, how much of the lands fo furveyed is plantable, 
 and how much of it is barren and unfit for cultivation, and- 
 accordingly to infert in the furvey and plot by him to be returned 
 into the regifler's oiSce the true quantity of each kind of land : 
 
 And it is our further will and pleafurc, that in all the grants of 
 land to be made by you as aforefaid, regard be had to the profitable 
 and unprofitable acres, fo that each grantee may have a proportion- 
 able number of one fort and the other ; as likewife that the breadth 
 of each tradt of land to be hereafter granted be one third of the 
 length of fuch tradt ; and that the length of every trad do not 
 extend along the banks of any river, but into tne main l.md, 
 that thereby the faid grantees may have each a convenient fhare 
 
 of 
 
 The furreyor 
 fliallgivein ac- 
 counts of the 
 <{uality of the 
 lands that are 
 to be jrranted. 
 
 Breadth of the 
 granted lands 
 CO be only one 
 third of the 
 Uogth. 
 
[ »70 ] 
 
 ked as 
 drained 
 , culti- 
 ty acrea 
 paitentf 
 :, or to 
 to fuch 
 lantable 
 s which 
 
 d patent 
 mproved 
 and con- 
 
 of fuch 
 ; general 
 \€t where 
 
 regiftcr's 
 It, a copy 
 ;ating and 
 
 ivtable and 
 de within* 
 all furveys 
 njoined to 
 ment and 
 plantablc, 
 tion,, and 
 returned 
 land : 
 
 grants o£ 
 
 profitable 
 
 Iroportion- 
 
 le breadth 
 
 lird of the 
 
 i&. do not 
 
 hain l.ind, 
 
 iient (hare 
 
 of 
 
 of what accommodation the faid river may afford for navigation or 
 otherwife. 
 
 And whereas it has been reprefented to us that many parts of H^m? anj fl.v«. 
 the province under your government are particularly adapted to the 
 growth and culture of hemp and Hax ; it is therefore our will and 
 pleafure that, in all furveys of land for fettlement, the furveyors be 
 direded to report whether there is any or what quantity of lands 
 contained within fuch fmvey fit for the produdion of hemp and 
 flax ; and you are to take particular care to infert a claufe in every 
 grant of land where any part thereof is fit for fuch production, 
 obliging the grantee annually to fow a proportionable part of his 
 grant with hemp or flax feed. 
 
 And whereas it hath been further reprefented to us, that a great Laadi nur uLe 
 part of the country in the neighbourhood of lake Champlain, and^ou"d|^g ^jth 
 between that lake and the river Saint Lawrence, abounds with J^^Jj^"'*^'^^ 
 woods producing trees fit for mafting our royal navy, and other King, 
 ufeful and neceffary timber for naval conftruiftion, you are there- 
 fore exprefsly directed and required to caufe fuch parts of the faid 
 country, or any other within your government that fhall appear 
 upon a furvey to abound with fuch trees, and fhall lie convenient 
 for water-carriage, to be referved to us, and to ufe your utmofl 
 endeavour to prevent any wafte being committed upon the £dd 
 tradts, by punifhing in due courfe of law any perfons who fhall cut 
 down and deflroy any trees growing thereon ; and you are to con- 
 fider and advife with our council whether fome regulation, that 
 fhall prevent any faw-mills whatever from being erected within 
 your government, without a licence from you c. the commander in 
 chief of our faid province for the time being, may not be a means 
 of preventing all wafle and defl:ru(ftion in fuch tra^s of land as fhall 
 be referved to us for the purpofes aforefaid. 
 
 And whereas it appears from the reprefentations of ourgovernouriron-worittof 
 of the diftrift of Trois Rivieres, that the iron-works at Saint ?hJSS«r'" 
 Maurice in that diflridt are of great confenquence to our fervice ; 
 it is therefore our further will and pleafure, that no part of the 
 lands upon which the faid - iron-works were carried on, or from 
 "vvhich the ore ufed in fuch works was procured, or which fhall 
 
 Z 2 appear 
 
 tl 
 
 
!t! 
 
 |f| 
 
 
 [ »8o ] 
 
 appear to be necefTary and convenient for that edablifliment, either 
 in refpeft to a free pafTage to the river Saint Lawrence, or for pro- 
 ducing a necefTary fupply of wood, corn, and hay, or for pauure 
 for cattle, be granted to any private perfon whatever ; and alfo that 
 as large a diftridt of land as conveniently may be, adjacent to and 
 lying round the faid iron-works, over and above what may be 
 necefTary for the above purpofes, be referved for our ufe, to be 
 difpofed of in fuch manner as we (hall hereafter direA and ap- 
 point. 
 
 '.-.'■; ^v. 
 
 ; ; 
 
 
 I... .\ ,■ 
 
 
 
 ' \^ 'I 
 
 i[J 
 
 I ) 
 
 
 N UM BE R 
 
 ■ --si i- i. . ■■■■.■ 
 
 i ... K'J t i : . i. l' 
 
[ .8r ] 
 NUMBER XXVIir. 
 
 S all the following grants of land are made with a refervatlon 
 • of fealty and certain rent, it may be proper to infert in this 
 place a (hort account of the oath of fealty and the manner in 
 which it ought to be taken, together with the words of the oath 
 itfelf. 
 
 An ACCOUNT of the OATH of FEALTY 
 according to the Law of England. 
 
 ALL the freehold lands in England are at this day held by- 
 •^^ fealty either of the King or fome other lord, notwithftanding 
 the abolition of military tenures by the (latute of the 12 Car. II. 
 And every new tenant of a piece of freehold ,iand ought regularly, 
 when he comes to the poffeilion of it, to take the oath of fealty 
 to the lord of whom it is held. This he ought to do in all cafes, 
 whatever be the title by which he claims the land, whether it be 
 by defcent upon the death of his father or other ancedor, by devife, 
 or by purchafe : though it mud: confe^ed that this ceremony is 
 now very much neglected and almofl gone out of ufej which is 
 owing in great meafure to its being a naked ceremony unaccom- 
 panied by any pecuniary advantage to the lord. Yet perhaps it 
 would be better to revive it, and to require it to be univerfally 
 obferved, as it would tend to keep in fight that fundamental maximi 
 of the Britifh conftitution, that all lands are held of the King either 
 mediately or immediately, and may efcheat or fall back to him as 
 the original owner or lord of them, either upon the extinftion of 
 the family of the laft pofleffor and thofe of the other intermediate 
 lords between him and the crown, or upon their committing thofe 
 more atrocious crimes which the law of England has didinguiflied 
 by the name of felonies } a maxim very ufeful in a monarchical 
 government, and obvioufly tending to preferve union and fubordi- 
 nation throughout the kingdom. This oath of fealty was taken, 
 in the following manner. 
 
 The freeholder who was to take the oath of fealty went to the Manner of 
 lord's manor-court, or court-baron, and holding his right handof''f!Jj\y.';*"*^ 
 
 upon. 
 
 ^dlM 
 
!■ 
 
 
 [ i8a ] 
 
 upon a book containing tlie holy gofpels, pronounced thefe words 
 to the lord of whom he held the land, or, if the lord himfelf was 
 abfent, to thefleward of the lord's court in his (lead. 
 
 Tlie oath of 
 ftalty. 
 
 DifTerenoe bv 
 tween fealty «nd 
 homage. < 
 
 « 
 
 Hear you this, my lord, that I will be faithful and true to 
 you, and bear you faith for the tenements I claim to hold 
 of you, and that I will truly perform to you the cuftoms 
 and fervices which I ought to perform unto you, and at 
 the times afligned for the fame. 
 
 " So help me God." 
 And then he kiiTed the book. 
 
 <€ 
 
 <« 
 
 €€ 
 
 * But (faith Littleton) he Ihall not kneel when he maketh his 
 fealty, nor make fuch humble reverence as in doing homage. 
 For homage may not be made but to the lord himfelf; but the 
 fteward of the lord's court or the lord's bailiff may take fealty 
 for the lord. Alfo tenant for term of life fhall make fealty, but 
 he (hall not do homage : and there are many other differences 
 between fealty and homage.' 
 
 See Littleton's Tenures, book 2, chap. i. 
 
 BB 
 
 sfsaffBsn 
 
 r 1, 
 
 The pfcamble 
 
 GRANT of a fmall Plot of Ground, of Three 
 Hundred Feet in Length and One Hundred Feet in 
 Breadth, fituated in the Peninfula on the North Side 
 of the Bay of G a s p e v in the Province of Qjj e b e c, 
 to Mr. Edward Manwaring, his Heirs and AfUgns, 
 for ever, under the Public Seal of the Province of 
 
 Qu E B E C, 
 
 GEORGE the THIRD, by the Grace of God, King of Great 
 Britain and the Territories thereunto belonging. To all to isfhom 
 thefe Prefents Jhail come, fendeth Greeting : 
 
 **«"* \X7HEREAS our loving fubjedt Edward Manwaring, ^ 
 fraai. yy ^^^ fcarchcr of our port of Quebec, and principal offi< 
 
 waiter 
 
 principal otticer of 
 
 our cuftoms for the port of Gafpey in our province of Quebec in 
 
 America, 
 
b words 
 felf was 
 
 true to 
 
 to hold 
 
 cudoms 
 
 I and at 
 
 JOO. 
 
 keth his 
 homage, 
 but the 
 ce fealty 
 ilty, but 
 fterences 
 
 L»p. ft. 
 
 Three 
 
 "eet in 
 
 fth Side 
 
 EBEC, 
 
 iHgns, 
 ince of 
 
 Great 
 ko v/hom 
 
 I, waiter 
 icer of 
 kebec in 
 Lmerica, 
 
 C '83 ] 
 
 America, did by a petition prefented to our trufty and well-beloved ?"''"*>° *<> »^» 
 Guy Larleton, Efqmre, our lieutenant-governour and commander vemour and 
 in chief of our faid province of Quebec, and our council of the""""'* 
 fame, on the eleventh day of April lad, humbly requeft us to grant 
 unto him the faid Edward a certain piece of land fituated in the 
 peninfula on the north fide of the bay of Gafpey in our faid province 
 of Quebec ; and our faid lieutenant-governour and council of our Their approbt- 
 province aforefaid, having duly and maturely confidered the faid pa"" of "h"!^ 
 petition, did approve thereof as to a part of the land petitioned for, p"'"""*'' ^'"• 
 and did adjudge it to be reafonable and advifeable that we (hould 
 grant the faid part of the faid land to the faid Edward and hi» 
 heirs and afligns for ever upon the terms and conditions prefcribed 
 by our royal inftriuSlions in this behalf, and did thereupon, on the Their orcter t» 
 third day of this inftant month of May, make an order that our teyo'^en^ai'^to 
 furveyor-general of our faid province of Quebec, or his deputy, pV^for^lhepe- 
 thould fet off for him the faid Edward the faid part of the land in *»''<">"• 
 the faid petition mentioned; and inpurfuance of the faid order our Thedcputy-fur- 
 loving and faithful fubjed John Collins, Efquire, the deputy furveyor- oS'^^f theftuf 
 general of our faid province of Quebec, hath fet off for him the faid {."'n"' '||'„Yhis 
 Edward the faid part of the land in the faid petition mentioned ««"'.''"'« «^o'i- 
 from an original plan of Gafpey taken by him upon an adtual fcm".."^ 
 furvey, and hath alfo certified to our lieutenant-governour and 
 council aforefaid, that the faid part or piece of land fo fet off did 
 not appear to him to interfere with the lands referved for our ufe : 
 
 NOW KNOW YE that we, judging this requeft of the faid Grant. 
 Edward Manwaring> fo tar as it relates to the faid part or piece of 
 land fo fet^ off, to be reafonable, and being therefore willing to 
 gratify him therein, and of our efpecial grace, certain knowledge, 
 and mere motion, have given, granted, and confirmed, and by 
 thefe our prefent letters under o.ir public feal of our province of 
 Quebec aforefaid, dogive, grant, and confirm unto the faid Edward 
 Manwaring the faid part or piece of land fo fet off as aforefaid, 
 being a reiflangular plot of ground of three hundred feet in length Defcriptfoaec 
 and one hundred feet in breadth,, fituated in the peninfula on the 'granted. 
 north fide of the bay of Gafpey in our province of Quebec afore- 
 faid, beginning at a ci;dar-po(t (landing at the upper corner of a 
 ftore-houfe ereded by the faid Edward Manwaring, and thence 
 running due north one hundred feet to a fecond pofl as aforefaid, 
 which makes the firfl corner boundary ; thence due eafl: three 
 
 3 hand reck 
 
 ii 
 
Mi 
 
 II 
 
 
 r! 
 
 if 
 •J 
 
 [ »84 ] 
 
 liundred feet to a third poft, which makes the fecond corner 
 boundary; thence due fouth one hundred feet to a fourth poR, 
 which makes the third corner boundary ; and thence to the firft 
 ftation or cedar-poft aforefaid, which makes the fourth and lafl: 
 corner boundary ; as by a certain plan thereof made by the faid 
 John Collins, deputy-furveyor of our faid province, and given under 
 his hand on the fifth day of this inftant May (which is hereunto 
 annexed) may more clearly appear : , ,„ ,. . 
 
 ^.■*, 
 
 Htbendum and 
 tenure of the 
 faid land. 
 
 To have and to hold the faid plot or piece of land of us, our heirs 
 and fucceffors, to him the faid Edward Manwaring, his heirs and 
 alTigns for ever, in free and common focage, to wit, by fealty, and 
 
 <luit-reiit. ^j^^ ,.gpt q£ Qpg farthing of lawful money of Great Britain in lieu of 
 all manner of fervices, to be paid every year at the Feaft of Saint 
 John the Baptift to our receiver-general of our revenue for our faid 
 province of Quebec, or, in cafe of his abfencefrom the faid province, 
 to the deputy of our furveyor and auditor-general of our revenues 
 arifing in America appointed by the faid furveyor and auditor-general 
 
 J : to infpedt and audit the accounts of our revenue in our province of 
 
 Quebec aforefaid, or, in cafe of the abfence of both the faid receiver- 
 general and deputy-auditor from the faid province, to our captain- 
 general and governour in chief, or our lieutenant-governour. or 
 other our commander in chief of our faid province for the time 
 being, for the ufe of us, our heirs and fuccelTors. 
 
 / And we do hereby give and grant for us, our heirs and fuccelTors, 
 to the aforefaid Edward Manwaring, his heirs and affigns for ever, 
 full power and liberty to ufe, occupy, cultivate, and enjoy the 
 premifes aforefaid, in any manner he or they (hall think fit, as well 
 by cutting down any trees growing upon the faid premifes (large 
 i timber-trees fit for building fliips not excepted) and by digging for, 
 
 opening, and working any mines that may happen to be found in 
 the faid premifes, excepting only mines of gold and filver, as by 
 cultivating the furface of the ground therein, and to apply the 
 produce and profits thence arifing to his and their own ufe and 
 benefit, paying only to us, our heirs and fucceflbrs, the rent afore- 
 faid of one farthing of lawful money of Great Britain every year. 
 
 '^ine7of""')W ^"' '^ ^"y mines of gold or filver fliall be found upon the faid 
 ^oafiivcu premifes, we do hereby exprefsly referve them to ourfelves, our 
 
 heirs 
 
corner 
 ih poft, 
 the firft 
 and laft 
 the faid 
 sn under 
 hereunto 
 
 our heirs 
 heirs and 
 ally, and 
 in lieu of 
 t of Saint 
 )r our faid 
 province, 
 r revenues 
 ;or-general 
 )rovince of 
 ,d receiv^r- 
 ir captuin- 
 ■ernour. or 
 the tune 
 
 fucceffors, 
 \s for ever, 
 
 enjoy the 
 |fit, as well 
 lifes (large 
 ligging for, 
 e found in 
 [iver, as by 
 I apply the 
 m ufe and 
 
 rent afore- 
 |ery year. 
 
 )n the faid 
 
 ^felves, our 
 
 heirs 
 
 [ >8s ] 
 
 heirs and fucceflbrs, , that they fhall belong to us and them in is 
 full and ample manner as if the prefent grant had never been made. 
 And we do like wife referve to ourfelves, our heirs and fucceflbrs, 
 full power, right, and authority to make and uf< all fuch roads, 
 ways, and pafTages over the reft of the faid premifes hereby granted, 
 and alfo to take, flop, divert, and ufe any rivers, ftreams, ponds, 
 or bodies of water, as fliall by us, or them, be judged neceflary for 
 the working and improving the faid mines. 
 
 And further, if any mine or mines of gold or filver, which we 
 have thus referved to ourfelves, our heirs and fucceflbrs, ftiall be 
 found on the premifes hereby granted, the faid Edward Manwaring^ 
 or his heirs or afligns, (hall, within the fpace of fix months after 
 the difcovery of fuch mine, give notice thereof to our receiver- 
 general of our revenue in the faid province of Quebec, or to our 
 deputy-auditor before-mentioned, or to our governour in chief, 
 lieutenant-governour, or other our- commander in chief of our faid 
 province for the time being : and, if he or they fliall negledt fo to 
 do, the prefent grant fliall at the end of the faid fix months become 
 void, and the whole premifes hereby granted fliall revert or efcheat 
 to us, our heirs or fucceflbrs, and fliaU become the abfolute and 
 intire property of us, or them, in the fame manner as if the prefent 
 grant nad never been made. 
 
 Notice thereof 
 to be given ta 
 the King's 
 officers within 
 fix month* 
 after their 
 difcovery 
 
 under thepen»l- 
 ty of forfeiting 
 the whole pre- 
 mises hereby 
 granted in ciic 
 of a neglcft 
 thereof. 
 
 Alfo it Is hereby provided, that if the rent aforefaid of one farthing if the rent here, 
 of lawful money of Great Britain every year be behind and unpaid ["fninplfd for 
 for the fpace of one whole year after it fliall have become due, the ''•^=^'p^^« °^^^p»„, 
 prefent grant fliall at the end of the faid year become void, and theg^ntniaiibc- 
 whole premifes hereby granted fliall revert or efchen.t to us, ourendthawt;" ' 
 heirs and fucceflbrs, and fliall become the abfolute and intire pro- 
 perty of us, or them, in the fame manner as if th? prefent grant 
 had never been made. 
 
 And further, we do hereby direcH: and appoint that this grant fliall, 
 within one month after the date thereof, be regiftered and entered 
 of record in the office of our clerk of the inrolments of deeds for 
 the faid province of Qjiebec, kept in the city of Quebec in the 
 faid province, in one of the books of patents remaining in the faid 
 oflice^ and that aMocket thereof fliall alfo be entered in the oiHce of 
 
 A a thff 
 
 1 
 
 i 
 
 1 
 
 11 
 
 i 
 
 m 
 
 ,'A 
 
 r||jsl 
 
 H;;; 
 
 uhBI 
 
 ^ 
 
 IhI 
 
 Iti iM 
 
 itl 
 
 ■pi w t ' 
 
[ >86 ] 
 
 1^ 
 
 ! :i 
 
 the deputy-auditor of the accounts of our revenues in the faid 
 province kept at the faid city of Quebec. 
 
 And we do moreover for liS, our heirs and fucceflbrs, grant to 
 and covenant with the faid Edward Manwaring, his heirs and 
 afligns, that this our prefent grant, after it fliall Iiave been inroUed 
 and regifleredi and a docket thereof (liall have been made in the 
 manner hereby direfted, ihall be good and effedtual in the law to 
 all intents and purpofes whatfoever againft us, our heirs and 
 fucceflbrs, uotwithftanding any mif-recital or mif-naming of any 
 thing in the faid grant recited or named, or meant to be recited or 
 named, or any other imperfedlion in the fame. 
 
 In witnefs whereof we have caufed thefe our letters to be made 
 patent, and our public feal of our faid province of Quebec to be 
 thereunto affixed, this twentieth of May in the feventh year of our 
 reign, and in the year of our Lord one thouiand ieven hundred 
 and fixty-feven. •■ >-■ 4 I, iw , .hI ,.i.-,-^ ,f tmcr") >r. n: 
 
 GUY CARLETON, 
 
 Lieutenant-Governour. 
 
 ,■;■/• 
 
 /(( 
 
 (Witnefs) 
 
 . / 
 
 
 AGRANTofa Piece of Land m the Pi-ovince of 
 
 'Quebec, containing fomewhat more than Two Hundred 
 
 Acres, fituated on the North Side of the Bay of 
 
 Gasfey, to Mr. Edward Manwaring, his Heirs and 
 
 Afligns for ever, under the Public Seal of the Province 
 
 of Quebec. 
 
 ^ ' - ■ '■ - . .' •- -■ ■ .,, -..,' ,, .^-. 
 
 GEORGE the THIRDy by the Grace ef God, King of Great 
 Britain and the Territories thereunto belonging j To all to whom 
 thefe prefent Letters jhall comet fendeth Greeting : ■ 
 
 Thepnambie "ftTHERE AS our loving fubjcft Edward Manwaring, waiter and 
 
 ^^ fearcher of our port of Quebec, and principal officer of our 
 
 cufloms in the port of Gitfpey in our province of Quebec in America, 
 
 did. 
 
[ «87 ] 
 
 the {aid 
 
 ■ill;' t[ '•' '■ 
 
 grant to 
 heirs and 
 1 inroUed 
 ide in the 
 le law to 
 heirs and 
 ng of any 
 
 recited or 
 
 a be made 
 ibee to be 
 ?ear of our 
 n hundred 
 
 ETON, 
 
 irernour. 
 
 ovince of 
 Hundred 
 
 le Bay of 
 iHeirs and 
 Province 
 
 L of Great 
 
 ill to whom 
 
 waiter and 
 
 icer of our 
 
 lin America, 
 
 did. 
 
 hit 
 
 did, by petition prefentcd to our trufty and well-beloved Gay pentioutatht; 
 Garleton, Efquire, our Hcutenant-goveinour Juid commander in chief Jer^oi^r'and^^ 
 of our faid province of Quebec, and our council of the iame, on the "undi. 
 eleventh day of April laft, humbly requeft us to grant unto him the 
 faid Edward two hundred acres of land fituated on the north fide of 
 the bay of Gafpey in our faid province of Quebec ; and our faid 
 lieutenant-governour and council of the province aforefaid, having T''«'"pp«>^- 
 duely and maturely confidered the faid petition, did approve thereof, '""^'' "' 
 and did adjudge it to be reafonable and advifeable that we (hould 
 grant two hundred acres of land, fituated as aforefaid, unto the faid 
 Edward Manwaring, and his heirs and aiTigns for ever, upon the 
 terms and conditions prefcribed by our royal inftrudions in this be- 
 half, and did thereupon order the deputy furveyor-general of our pro- j^J«''" <"■''"»<' 
 vince aforefaid to fet off for the faid Edward Manwaring two hun- vejo/i'o'i^totra 
 dred acres of land, and at the fame time to certify the nature and ,te"c°woner!''' 
 quality of the land fo fet off; and, in puffuance of the faid order, hu retting off » 
 our loving and faithful fubjcft John Collins, Efquire, the deputy Sfortpf. 
 furveyor-general of our faid province, hath fet off from an original utioner. and hi, 
 plun of Gafpey, taken by him the faid deputy furveyor-general upon wming thrquV 
 an a£tual furvey, a certain piece or lot of land containing about two '"y''^"'°f- 
 hundred and two acres, and hath alfo certified to our lieutenant- 
 governour and council aforefaid, that the greater part of the faid 
 land fo fet off is rocky and barren and unfit for the produdion of 
 hemp or flax : 
 
 NOW KNOW YE that we, judging this requefl of the faid Th«fi««f' 
 Edward Manwaring to be reafonable, and being willing to gratify 
 him therein, and of our efpecial grace, certain knowledge, and 
 mere motion^ have given, granted, and confirmed, and by thefe 
 our prefent letters under our public feal of our province of Quebec 
 aforefaid do give, grant, and confirm for us, our heirs and fucceffors, 
 unto the faid Edward Manwaring, his heirs and afligns, the faid 
 piece or lot of land fo fet off for him as aforefaid, being a four- 
 fided piece of ground in the province of Quebec aforefaid, fituated t^etin^''°"nuj 
 on the north fide of Gafpey Bay, and beginning at the mouth of a 
 fmall river called The Watering Place^ adjoining to the eaflern 
 boundary of the lands of Benjamin Price, Efquire, and running 
 from thence in a flrait line, the diredion of which is five degrees 
 to the weft of the north, for a length of four thoufand two hundred 
 feet, to a birch-tree, which makes the firfl corner-boundary j thence 
 
 A a 2 in 
 
 i. 
 
 J -..J 
 
N 
 
 t i«8 ] 
 
 '-j/i 
 
 f 
 
 
 E • 
 
 \. 
 
 ■1 . 
 
 
 ti ' 
 
 it . 
 
 \ : 
 
 ■•jft 
 
 nabradam and 
 
 ) ' <cnura 
 
 
 ■ 
 
 , 
 
 ) 
 
 
 
 L 
 
 
 
 , ] ^it-rent. 
 
 
 in a-flraitlinej ^tie direction of which fs eighty-five degrees to the 
 cail of the north, for a length of two thoufand one hundred feet, 
 to a cedar-tree, which forms the fecond corner-bounddry ; thence 
 in a ftrait line, the diredion of which is five degrees to the eaft of 
 the fouth, for a length of four thoufand two hundred feet, to a 
 fpruce fir-tree ftanding on the bay, which forms the third comer- 
 boundary ; thence up the bay in a line running the feveral courfes 
 of the water, to the firft flation or mouth of the fmall river called 
 TAe fFatering PlacCy which makes the fourth and laft corner- 
 boundary ; as by a certain plan thereof made by the faid John 
 Collins, deputy furveyor of our faid province, and given under his 
 hand on the fifth day of this inAant month of May, may more 
 clearly appear i_ . 
 
 i-i'^':iu.l 
 
 •.'J 
 
 To have and to hold the faid piece of land fo fet off and bounded, 
 containing fomewhat more than two hundred and two acres, of us, 
 our heirs and fuccefibrs, to him the faid Edward Manwaring, -and 
 his heirs and afiigns for ever, in free and common focage, to wit, 
 by fealty and the rent of four (hillings and one half-penny of lawful 
 money of Great Britain in lieu of all manner of fervices, to be paid 
 every year at the feafi: of Saint John the Baptifl to our receiver- 
 general of our revenue for our faid province of Quebec, or, in cafe 
 of his abfence from the faid province, to the deputy of our furveyor 
 and auditor-general of our revenues ariting in America, appointed 
 by the faid furveyor and auditor-general to infpedt and audit the 
 accounts of our revenues in our province of Quebec aforefaid> or, 
 in cafe of the abfence of both the faid receiver-general and deputy- 
 auditor from the faid province, to our captain-general and governour 
 in chief, or our lieutenant-governour, or other our commander in 
 chief of our faid province for the time being, for the ufe of us, our 
 heirs and fuccefibrs ; the firft payment of which rent fliall be made 
 at the feaft aforefaid of Saint John the Baptilt in the year of our 
 Lord ojie thoufand feven hundred and fixty-nine. 
 
 h:: 
 
 And we do hereby give and grant for us, our heirs and fucceflbrs, 
 unto the faid Edward Manwaring, his heirs and affigns for ever, full 
 power and liberty to ufe, occupy, cultivate, and enjoy the premifes 
 aforefaid in any manner he or they (hall think fit, as well by cutting 
 down any trees growing upon the faid premifes (large timber- trees fit 
 
 opening, and 
 working 
 
 for building fl]ips not excepted) and by digging for, 
 
'working any mines that may happen to be found in the faid premifes* 
 excepting only mines of gold and filver, as by cultivating the Airface 
 fof the ground on the fame, or by any other method of improving it 
 u^hatfoever ; and to apply the produce and pro/its thence arifing to 
 his and their own ufe and benefit, paying only therefore to us, our 
 heirs and fucceffors, the rent above referved of four (hillings and one 
 half-penny of lawful money of Great Britain every year. - ^ 
 
 tr-.- r 
 
 But if any mines of gold and filver (hall be found upon the Referyation of 
 premifes, we do hereby exprefsly referve them to ourfelves, our goij"ilnd*fiiver. 
 heirs and fuccelfors, fo that they (hall belong unto us and them in 
 as full and ample manner as if the prefent grant had never been 
 made: and we do likewife referve to ourfelves, our heirs and 
 iuccefrors, full power, right, and authority to make and ufe all fuch 
 coads, ways, and paiTages over the refl of the faid premifes hereby 
 , granted, and alfo to take, flop, divert, and ufe all fuch rivers, ; 'J 
 fireams, ponds, or bodies of water on the fame as fhall by us, 
 or themi, be judged neceflary and convenient for the working and 
 iittprov^Rg the faid mines. 
 
 
 {^ 
 
 And further, if any mine or mines of gold or filver (hall be found Notice thereof 
 upon the premifes hereby granted, the faid Edward Manwaring, or |he''Kmg'» "* 
 his heirs or affigns, (hall, within the fpace of fix months after the dif- ^^„"^/" "'' 
 oovery thereof, give notice of fuch difcovery to our receiver-general of 
 our revenue in the faid province of Quebec, or to the deputy-auditor 
 of the accounts of our revenue in the faid province, or to our 
 gpvernour in chief, lieutenant-governour, or other our commander 
 in chief of the faid province for the time bein^: and if he or they i'cn»ity of 
 lliall make default herein, the prefent grant (hall at the end of the XS/'^""" 
 faid fix months become void, and the whole premifes hereby granted 
 fhall revert or efcheat to us, our heirs and fucceflbrs, and lliall 
 become the abfolute and intire property of us, or them, in the fame 
 manner as if the prefent grant had never been made. 
 
 i . Alfo, if the yearly rent aforefaid of four (liillings and one half-'''"-i''yfofn«"'- 
 penny of lawful money of Great Britain (hall be behind and unpaid quHcnt"* "* 
 for the fpace of one whole year, the prefent grant (hall at the end 
 of the faid year become void, and the whole premifes hereby granted 
 iiiall revert or efcheat to us, our heirs and fucceflbrs, and be the 
 
 ■Ml 
 
 ,■ I 
 
 abfolute 
 
 
 m 
 
 
 I 
 
 ^ 
 
 8, 
 
 .,!*!{ 
 
 -:].> 
 
 m 
 
 • It 
 
 .»;■ 
 
 If'' 
 
 
 
 i 
 
[ '90 1 
 
 abfolute and intire property of us, or them, in the fame manner ai 
 if: the prefcnt gtant had never been made. 
 
 UijH 
 
 I w.;r- W'l. 1^1 ( ', 
 
 condiiiincor. And whereas our loving and faithful fubje£l: John CoHins, 
 *r'J''e'!L'i'.,f"' Efquire, the deputy-furveyor of our province of Quebec aforefaid, 
 tue prciaios, j^^^j^ Certified to our lieutenant-govcrnour and council of our faid 
 province, that the greater part of the premifes Hereby granted is ' 
 rocky and barren, and unfit for the production of hemp or flax; and 
 as therefore they ought rather to be employed in feeding of neat 
 cattle, or to be improved by digging for and working ftone-quarries, 
 or mines of feme other ufeful mineral, than to be planted, fown, or 
 cultivated j and whereas it is our royal will and pleafure that the 
 perfons to whom we make grants in our faid province (hould im- 
 prr ^e them in fome one of thefe ways, as has been more fully 
 declared in ovir royal inftruiSlions to our trufty and well-beloved 
 ' James Murray, Efquire,.our captain-general and governour in chief 
 
 ,.' of our faid province, which have been publifhed by him in our 
 faid province by a proclamation dated the firft day of March in ' 
 the year of our Lord one thoufand feven hundred and iixty-fiver ' 
 we do therefore require of the faid Edward Man waring, his heirs 
 and adigns, as a -condition neceflary to the continuance of the 
 prcfent grant, that, within three years from the day of the date 
 of this grant, he the faid Edward, or his heirs or afijgns, do 
 either put twelve neat cattle on the premifes hereby granted, and 
 continue them thereon, till twelve acres of the faid premifes fhall 
 be fully cleared and improved, or begin to employ on the faid 
 premifes two good and able labouring men in digging fome ftone 
 quarry or other mine (mines of gold and filvcr only excepted) 
 and continue him at work thereon for three years then next en- 
 fuing, or put fix neat cattle on the faid premifes, and continue them 
 thereon till fix acres of the faid premifes (hall be fully cleared and 
 improved, and likewife employ on the fame one good and able 
 labouring man in digging fome (lone quarry or other mine (mines of 
 gold and filver only excepted) and continue him at work thereon for 
 three years then next enfuing. 
 
 JraSiof ^^^ *^ *^^ ^*^^ Edward Manwaring, or his heirs or a(rjgns, (hall 
 
 this waaition. negle<ft to fulfil this condition, the prefent grant (hall immediately 
 
 upon the breach of this condition become void, and the premifes 
 
 jif rcby granted (liaU revert or efcheat to us, our heirs and fucceiTors, 
 
[ 19. ] 
 
 and become tlie abfolute property of us, or them, in the fame manner 
 as if the prefcnt grant had never been made. 
 
 And wc do hereby direft and appoint, that within one month t'"^ p"t »)«" 
 from the day of the date of thefe prefents, a copy of this grant thc'ilficcof lh« 
 fliall be rcgiftered in the office of our clerk of the inrolments of £cntV.''* '"* 
 deeds and patents in our faid province of Quebec, kept in the city 
 of Quebec in the faid province, together with a copy of the plan 
 of the premifes hereby granted made by the deputy-furveyor of 
 our faid province ; and likewife that a docket of this grant be 
 entered in the office of the deputy- auditor of the accounts of our 
 revenue in the faid province. r- ^,Ai . '.■ - .^ .-. 
 
 
 Aijjd UAly* we do hereby for ourfelves, our heirs and fucceffors, when duly 
 grant to and covenant with the faid Edward Manwaring, his heirs £*U"d, not-*^ 
 and affigns, that the prefent grant, after it and the plan thereto .'^^J'^Sif* ^, 
 belonging (hall have been regiftered in the office of the clerk of the *«p«rfeaions. 
 inrolments, and a docket thereof (hall have been entered in the 
 office of the (aid deputy-auditor, in the manner hereby direded, 
 (hall be good and e(fe6tual in the law to all intents and purpofes 
 againft us, our heirs and fucceffors, notwithftanding any mif-recital 
 or mif-naming of any thing in the faid grant recited or named, or 
 meant to be recited or named, or any other miftake or imperfection 
 in flije: f^nie whatfoever. . 
 
 Ill witnefs whereof we have caufed thefe our letters to be made 
 patent* and our public feal of our faid province of Quebec to be 
 affixed unto^ them, this of May, in the feventh year of 
 
 our reign, and in the year of our Lord one thoufand feven hundred 
 and (ixty-feven. 
 
 ft-jr-firi ."■■• 
 
 (Witnefs) 
 
 iw 
 
 ■-. 'J vV 1 J. 
 
 GUY CARLETON, 
 
 Lieutenant Governour. 
 
 ki*' 
 
 > ,i'iTJ,'l 
 
 
 
 1' ■ v^.' ■-..'..' <■ 
 
 A GRANT 
 
 t 
 
 m 
 
 'i\ 
 
 i--.: 
 
[ «9a J 
 
 I ~ 
 
 ii 
 
 I* 
 
 ■: 
 
 If 
 
 I 
 
 
 Preamble. 
 
 Petition to the 
 lieutenant-go* 
 vernaur and 
 council. 
 
 Their approba- 
 tion thereof. 
 
 Their orJer to 
 *he deputy-fur- 
 veyor to fet off 
 rthe land. 
 
 His obedience to 
 
 A GRANT of a Piece of Land in the Province of 
 Quebec, containing about Five Hundred Acres, fituated 
 on the Head of the North- weft Arm of Gaspey Bay 
 on the South Side, Ten Miles above the Entrance thereof, 
 to Mr. Edward Man waring, his Heirs and Affigns 
 for ever, under the public Seal of the Province of 
 Quebec 
 
 GEORGE the THIRD, by the Grace of God, King of Great 
 Britain and the Territories thereunto belonging j To all to whom 
 thefe prefent Letters Jhall come, fendeth Greeting : 
 
 WHEREAS our loving fubjeft Edward Manwaring, waiter 
 and fearcher of our port of Quebec, and principal officer of 
 our cuftoms for the port of Gafpcy in our province of Quebec in 
 America, did, by a petition prefented to our trufty and well-beloved 
 Guy Carleton, Efquire, our lieutenant-governour ^nd commander 
 in chief of our faid province, and our council of the fame, on the 
 eleventh day of April laft, humbly requeft us to grant unto him 
 the faid Edward five hundred acres of land on the fouth fide of the 
 bay of Gafpey on the north-weft arm thereof, about ten miles 
 above the peninfula in the faid bay ; and our lieutenant-governour 
 and council aforefaid, having duely and maturely confidered the faid 
 petition, did approve thereof, and did adjudge it to be reafonable 
 and advifeable that we fhould grant unto the faid Edward Manwaring^ 
 and his heirs and afljgns for ever, the quantity of land fo petitioned 
 for upon the terms and conditions prefcribed by our royal inftruc- 
 tions in this behalf, and did thereupon order the deputy furveyor- 
 general of our faid province of Quebec to fet off for him the faid 
 Edward Manwaring the faid quantity of five hundred acres in the 
 place in the faid petition mentioned, and at the fame time Xo 
 certify to them the faid lieutenant-governour and council the nature 
 and quality of the land fo fet off; and in purfuance of the faid 
 order, our loving and faithful fubje(5l John Collins, Efquire, the 
 
 deputy- 
 
ice of 
 Ltuated 
 Y Bay 
 hereof, 
 A.frigns 
 nee of 
 
 ^f Great 
 to ivhom 
 
 g, waiter 
 officer of 
 ^ebec in 
 l^beloved 
 mmander 
 ;, on the 
 into him 
 de of the 
 ten miles 
 Tovernour 
 d the faid 
 •eafonable 
 mwaringj 
 petitioned 
 inftruc- 
 furveyor- 
 i the faid 
 es in the 
 ; time ,to 
 :he nature 
 if the faid 
 uire, the 
 deputy- 
 
 [ '93 ] 
 
 deputy- furveyor of our province of Quebec, hath fet off a certain 
 piece or lot of land containing about five hundred acres, fituatcd on 
 the head of the north-weft arm cf Gafpey Bay on the fouth fide, 
 ten miles above the entrance thereof, from an original plan of 
 Gafpey taken by him upon an adlual furvey, for the faid Edward 
 Manwaring ; and hath at the fame time certified to our lieutenant- 
 governour and council aforefaid, that the faid five hundred acres of|3^^'i|fy°' ''•• 
 land are unfit for the produdtion of hemp or flax : m Mjc: 
 
 1-' !i'. 
 
 NOW KNOW YE that we judging this requefl: of. the faidThegr.nt; 
 Edward Manwaring to be reafonablc, and being therefore willing 
 to gratify him therein, and of our efpecial grace, certain knowledge, 
 and mere motion, have given, granted, and confirmed, and by 
 thefe our prefent letters under our public feal of q^ir province of 
 Quebec, do give, grant, and confirm, for ourfelVes, our heirs and 
 fupceflbrs, unto the faid Edward Manwaring, his heirs and afilgns, 
 the faid piece or lot of land fo fet ofF for him, fituated in ouroefcriptionof 
 province of Quebec, on the head of the north-weft arm of Gafpey ""'^'"^^^ntej. 
 Bay on the fouth fide, about ten miles above the entrance thereof, 
 being . a four-fided piece of land whereof three of the fides are • 
 ftrait lines, and which is included within a bounding line which 
 begins in the following place, and runs in the following directions ; 
 to wit, it begins at a nr-tree ftanding on the bank of the faid river, 
 or north-weft arm of Gafpey Bay, and thence runs in a direction 
 fixty degrees to the weft of the fouth for the length of fix thoufand 
 fix hundred feet to a pine-tree, which makes the firft corner- 
 boundary } and thence in a direction thirty degrees to the weft of the 
 north for a length of three thoufand three hundred feet to a fpruce- 
 tree, which makes the fecond corner-boundary ; and thence in a 
 diredlion fixty degrees to the eaft of the north for a length of fix 
 thoufand fix hundred feet to a birch- tree, which makes the third 
 corner-boundary ; and thence along the banks of the faid river,, or 
 north-weft arm of Gafpey Bay, following the feveral courfes of the 
 water, to the firft ftation or fir-tree ftanding on the bank of the faid 
 river, which makes the fourth and laft corner-boundary of the faid 
 piece of land. 
 
 To have and to hold the faid piece of land of us, our heirs andHabtndum mx 
 
 fucceflbrs, to him the faid Edward Manwaring, and his heirs andjiidund. 
 
 afiigns for ever, in free and common focage, to wit, by fealty, and 
 
 Bb the 
 
 I .I'l 
 
 
 iii 
 
 M 
 
■•I' t 
 
 I 
 
 * r; 
 
 
 
 4, 
 
 y 
 
 ^ii-rciu. 
 
 Kcftrvationof 
 'Vines-of gold 
 •ia4 fiher. 
 
 [ >94 ] 
 
 the certain rent of ten (hillings of lawful money of Great Britain 
 every year in lieu of all manner of fervices, to be paid every year on 
 the feafl of Saint John the Baptift to our receiver-general of our 
 revenue in our faid province of Quebec, or, in cafe of his abfence 
 from the faid province, to our governour in chief, lieutenant-governour, 
 or other cur commander in chief of our faid province for the time 
 being, for the ufe of us, our heirs and fucceflbrs } the firft payment 
 of which rent Aiall be made on the fead aforefaid of Saint John the 
 Baptifl in the year of our lord one thoufand feven hundred and 
 fixty-nijie. 
 
 And vre do hereby give and grant for us, cur heirs and fuccefTors, 
 unto the faid Edward Miinwaring, his heirs and afligns for ever, 
 full power and liberty to ufe, occupy, cultivate, and enjoy the 
 premifes aforefaid, in any manner he or they (hall think fit, as well 
 by cutting down any trees growing upon the faid premifes (large 
 timber-trees fit for building (hips not excepted) and by digging for, 
 opening, and working any mines that may happen to be found in 
 the faid premifes, excepting only mines of gokl and filver, as by 
 cultivating the furface of the ground on the fame, or by any other 
 method of improving it whatfoever, and to apply the produce and 
 profits thence arifing to his and their own ufe and benefit, paying 
 only therefore to us, our heirs and fuccefTors, the rent above referved 
 often (hillings of lawful money of Great Britain every year. 
 
 Bot we do hereby exprefsly referve to ourfelves, our heirs and 
 fuccefTors, all mines of gold or filver that may happen to be found 
 upon the faid premifes, fo that the faid mines fhall belong unto us, 
 and them, in as full and ample manner as if the prefent grant had 
 never been made. And we do likewife referve to ourfelves, our 
 heirs and fucceflbrs, full power, right, and authority to make and 
 ufe all fuch roads, ways, and pa(rages over the reft of the faid 
 premifes hereby granted, and alfo to take, (lop, divert, and ufe all 
 luch rivers, ftreams, ponds, and bodies of water, as (hall by us, or 
 them, be juclged nece(rary or convenient for the working and im- 
 ' proving the fajd mines. 
 
 fTMice thereof 
 
 . And further, if any mine or mines of gold or filver fhall be found 
 
 theKug? ** upon the faid premifes hereby granted, the faid Edward Man waring, 
 -« u.- ^^ j^,^ j^^.^^ ^^ afTigns, (hall, within the ijpace^ of (ix months after 
 
 'oAcert withla 
 lifix months 
 ■after tbeir 
 adiftovcry 
 
 the 
 
It Britain 
 y year on 
 il of our 
 8 abfence 
 wernour, 
 the time 
 payment 
 John the 
 deed and 
 
 'ucceiTors, 
 for ever* 
 enjoy the 
 t, as well 
 ifes (large 
 gging for, 
 found in 
 i^er, as by 
 any other 
 oduce and 
 it, paying 
 re refervcd 
 r. 
 
 heirs and 
 3 be found 
 g unto us, 
 grant had 
 felves, our 
 make and 
 f the faid 
 and ufe all 
 I by us, or 
 and im- 
 
 11 be found 
 Ian waring, 
 ;}nths after 
 
 the 
 
 iinJiT tlir penal- 
 ty Ot lOll.lflllJJ 
 
 the whole pre- 
 niiiei hereby 
 {^ranted in cjfc 
 <>*' J neglcft 
 tlieieoi. 
 
 C '95 1 
 
 the difcovcry thereof, give notice of fuch difcovcry to our receiver- 
 general of our revenue in the faid province of Quebec, or to the 
 deputy-auditor of the accounts of our revenue in me faid province, 
 or to our governour in chief, licutenant-govcmour, or other our 
 commander in chief of our i\ui\ province for the time being : and, 
 if he or they fhall make default herein, the preient grant Hiall at 
 the end of the faid fix months next enfuing after fuch difcovery of a 
 gold or filver mine, become void, and the whole premifes hereby 
 granted (hall revert or efcheat to us, our heirs and fucceflbrs, and 
 mall become the abfolute and intire property of us, or them, in 
 the fame manner as if the prefent grant had never been made. 
 
 Alfo, if the yearly rent aforefaid of ten fliillings of lawful money iftiierenthfrt. 
 of Ctreat Britain (hall be behind and unpaid for the fpace of one ["ftunpafj for 
 whole year, the prefent grant (hall at the end of the faid ye^r 'f^J^^l^^^^^f^^^ 
 become void, and the whole premifes hereby granted (hall revert or8'»"«i^^'ibe- 
 efcheat to us, our heirs and fucce(rors, and be the abfolute and end tk»eor. 
 intire property of us, or them, in the fame manner as if the prefent 
 grant had never been made. 
 
 And whereas our loving and faithful ful^eft John Collins, condition cm. 
 Efquire, the deputy-furveyor of our province of*^ Quebec aforefaid, J',;^v'emem'ot"'" 
 hath certified to our lieutenant-governour and council of our faid '•>« pf«n'f««' 
 province, that the premifes hereby granted are unfit for the production 
 of hemp or flax; and as therefore they ought rather to be employed in 
 the feeding of neat cattle, or to be improved by opening and working 
 flone-quarries, or mines of fome other ufeful mineral, than to be 
 planted, fown, or cultivated ; and whereas it is our royal will and 
 pkafnre that the perfons to whom we make gr;ints of land in our 
 laid province (hould improve the lands fo grantedjto them in fome 
 one of thefe ways, as has been more fully declar64 in our royal 
 inflrudions to our trufly and well-beloved James Murray, Efquire, 
 our captain-general and governour in chief of our faid province, 
 which have been publifhed by him in our faid province by a pro- 
 clamation dated the fird: day of March in the year of our Lord one 
 thoufand feven hundred and fixty-five : we do therefore require of 
 the (aid Edward Manwaring, his heirs and adigns, as a condition 
 necefTary to the continuance of the prefent grant, that, within 
 three years from the day of the date of this grant, he the faid 
 Edward, or his heirs or adigns, do either put thirty neat cattle 
 
 ihr^' < 
 
 it" ,' 
 
 II 
 
 Bb 2 
 
 on 
 
 w< 
 
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m 
 
 
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 ffi 
 
 
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 WL 
 
 ^HVIl 
 
 sc 
 
 i> 1^1 
 
 1*0 
 
 
 I '96 ] 
 
 on the premifes hereby granted, and continue them thereon, till 
 thirty acres of the faid premifes (hall be fully cleared and improved, 
 or begin to employ on the faid premises five good and able labouring 
 men in digging fome ftone quarry or other mine (mines of gold 
 and filver only excepted) and continue them at work thereon for 
 three years then next enfuing, or put twenty-four, or eighteen, or 
 twelve, or fix neat cattle on the faid premifes, and continue them 
 thereon till twenty-four, or eighteen, or twelve, or fix acres of the 
 faid premifes fhall be fully cleared and improved, and likewife 
 employ on the fame one, or two, or three, or four good and able 
 labouring men refpedtively j that is to fay, if he keeps twenty-four 
 neat cattle on the premifes, then to employ one good and able 
 labouring man thereon; if eighteen neat cattle, two labouring men j 
 if twelve neat cattle, three labouring men ; and, if fix neat cattle, four 
 labouring men ; in digging fome (lone quarry or other mine (mines of 
 ^old and filver onl3^ excepted) and continue them at work thereon for 
 three years then next enfuing. »..„•.■ <" 
 
 crabJelVof ^^^ *^ *^® ^^^^ Edward Manwaring, or his heirs or affigns, ftiall 
 <hi« comutior. ncglcdt to fulfil this condition, the prefent grant (hall immediately 
 upon the breach of this condition become void, and the premifes 
 hereby granted (hall revert or efcheat to us, our heirs and fucceflbrs, 
 and become the abfolute property of us, or them, in the fame manna: 
 as if the prefent grant had never been made. 
 
 / f - . ■ ' . •.'.'.'I') '/ ,■ : .^ ■■•■., • ■l"^ 
 
 b^re^fftered'"" ^"^ ^^ ^^ hereby dircA and appoint, that within fix months 
 within fix from the day of the date of thefe prefents, a copy of this grant 
 X'of'th?' fliall be regiftered in the office of our clerk of the inrolments of 
 i'i'iro'imMu* deeds and patents in our faid province of Quebec, kept in the city 
 «nd a docket of of Quebcc in the faid province, together with a copy of the plan 
 thraudUo"s of the premifes hereby granted made by the aforefaid John Collins 
 the deputy-furveyor of our faid province; and likewife that a 
 docket of this grant be entered in the office of our deputy- auditor 
 of the accounts of our revenue in the faid province : and if this 
 grant be not regiftered in the office of the clerk of the inrolments, 
 and a docket thereof entered in the office of the faid deputy-auditor 
 in the fpace of fix months, in the manner hereby directed and ap- 
 pointed, it (hall at the end of the faid fix months become void ; 
 and the whole premifes hereby granted (hall revert or efcheat to us, 
 our heirs and fucceilbrs, and become the abfolute property of us. 
 
 Of 
 
 office, 
 
K)n, till 
 iproved, 
 ibouring 
 of gold 
 reon for 
 teen, or 
 jc them 
 ;s of the 
 likewife 
 and able 
 inty-four 
 and able 
 ng men ; 
 ttle, four 
 [mines of 
 ereon for 
 
 gns, {hall 
 mediately 
 premifes 
 ucceflbrs, 
 le manna: 
 
 months 
 his grant 
 ments of 
 the city 
 thp plan 
 n Collins 
 that a 
 y- auditor 
 id if this 
 |rol ments, 
 y-auditor 
 and ap- 
 le void ; 
 at to us, 
 ty of us, 
 or 
 
 [ 197 ] 
 
 or them, In the fame manner as if the prefent grant had never 
 been rnade^ 
 
 And laftly, w^e do hereby for ourfelves, our heirs and fucceflbrs, when duly 
 grant to and covenant with the faid Edvi^ard Manwaring, his heirs b/tSfn'of.*" 
 and affigns, that the prefent grant, after it and the plan thereto ^J'''|J_='.^'^^j['g ^ 
 belonging {hall have been regiftered in the office of the clerk of the ?mperfc«igw. 
 inrolments, and a docket thereof {hall have been entered in the 
 office of the deputy-auditor as aforefaid, {hall be good and efFeftual 
 in the law again{l us, our heirs and fucce{rors, according to the true 
 and plain meaning and intent thereo{^ notwithflanding any mif- 
 recital or mif-naming of any thing in the fame recited or named, 
 or meant and intended to be recited or named, or any other imper- 
 fedtion or mi{lake in the fame whatfoever. 
 
 In witnefs whereof we have caufed thefe our letters to be made 
 patent, and our public feal of our faid province of Quebec to be 
 affixed unto them, this twentieth of May, in the feventh year of 
 our reign, and in the year of our Lord one thoufand feven hundred 
 and fixty- feven. 
 
 (Witnefs) 
 
 •V. ■. ! 
 
 GUY CARLETON, 
 
 Lieutenant Governour. 
 
 I';; 
 
 . \ 
 
 A GRANT 
 
 •ssffi 
 
 .m^. 
 
[ »98 ] 
 
 A GRANT of Three Pieces of Land in the Province 
 of Quebec, whereof the Two Firft contain about 
 Eleven Hundred Acres, and the Third about Two 
 Hundred Acres, fituated on the South- weft Branch of 
 Gaspey Bay, called York River, to Felix O'Hara 
 of Gaspey, Efquire, and John Mac-Cord of Quebec, 
 Merchant, and the Heirs and Afligns of each of them 
 
 . for ever, under the Public Seal of the Province of 
 Quebec. 
 
 GEORGE the THIRD, by the Grace of God, King of Great 
 Britain and the Territories thereunto belonging ; To all to whom 
 thefe prefenf Letters Jhall comet fendeth Greeting : 
 
 Th«pre»mbie. "IT^HEREAS our loving fubje<as Felix O'Hara of Gafpey, in 
 
 ^^ our province of Quebec, Efquire, and John Mac-Cord of the 
 
 . .. . city of Quebec, in the province aforefaid, merchant, have, by a 
 
 Petition to the ■'. . ^^ - , * ^ . .,1, «^^. .' 
 
 lieutenant-go- pctition prclentcd to our trufty and well-beloved Guy Carleton, 
 
 TOLndL Efquire, our lieutenant-governour and commander in chief of our faid 
 
 province, and our council of the fame, humbly requeued us to grant 
 
 unto them the faid Felix and John> and their heirs and afligns for 
 
 ever, thirteen hundred acres of land fituated on the (buth-weft branch 
 
 •riirrapproba- of Gafpey Bay Called York R ivcf ; and our faid lieutenant-governour 
 
 *^" **' "• and council ot the province aforefaid, having duely and maturely con- 
 
 fidered the faid petition, have approved the fame, and have adjudged 
 
 it to be reafonable and advifeable that we (hould grant the faid 
 
 quantity of thirteen hundred acres, fituated as aforefaid, unto the 
 
 faid Felix O'Hara and John M-iC-Cord, and their heirs and afligns 
 
 for ever, upon the terms and conditions prefcribed by our royal in- 
 
 JpntyfuJj^or ftruttions in this behalf; and have thereupon ordered our loving and 
 
 Iff thc'und" faithful fubjeft, John Collins, Efquire, the deputy furveyor-general of 
 
 petitioned for. our faid provincc of Quebec, to fet off for the faid Felix and John the 
 
 ui^wS!'^' faid quantity of thirteen hundred acres of land, fituated as aforefaid, 
 
 and 
 
[ »99 ] 
 
 rovince 
 i about 
 It Twa 
 anch of 
 yplARA 
 
 JUEBEC, 
 
 dF them 
 ince of 
 
 of Great 
 to whom 
 
 afpey, in 
 rd of the 
 tive, by a 
 Carleton, 
 )f our faid 
 s to grant 
 iligns for 
 :fl branch 
 2;overnour 
 irely con- 
 adjudged 
 the (aid 
 unto the 
 nd afTigns 
 royal in- 
 oving and 
 general of 
 John the 
 aforefaidy 
 and 
 
 and at the fame time to certify to our faid lieutenant-governour and 
 
 council the nature and quality of the land fo fct oft; and, in pur-"'«°';^'''=^^J'» 
 
 fuance of the faid order, the faid John Collins hath fet off three 
 
 feparate pieces or lots of lands, that together contain about thirteen 
 
 hundred acres, fituated as aforefaid, from an original plan of Gafpey^ 
 
 taken by him the faid John Collins upon an ailur.l furvey, and hath 
 
 alfo certified to our lieutenant-governour and cor.ncil aforefaid, that Quality of th« 
 
 the faid three pieces of land appear to be poor and barren and unfit ^"'^ '^ ^^ °^' 
 
 for the produdlion of hemp or flax, and that the woods on them 
 
 confift chiefly of birch, fpruce, and pine-trees of an inferiour kind, 
 
 but produce neither oak nor pine fit for his Majefly's ufe : 
 
 NOW KNOW YE that we, judging this requeft of the faidcraw. 
 Felix O'Hara and John Mac-Cord to be reafonable, and being there- 
 fore willing to gratify them therein, and of our efpecial grace, 
 certain knowledge, and mere motion, have given, granted, and 
 confirmed, and by thefe our prefent letters under our public feal of 
 our province of Quebec do give, grant, and confirm for ourfelves, 
 our heirs and fucceflTors, unto the faid Felix O'Hara and John 
 Mac-Cord, and the heirs and afljgns of each of them, the faid 
 three pieces or lots of land fo fet off for them, fituated in our 
 province of Quebec; to wit, the firft piece, which is a four-fidedDef"iptionof 
 figure, whereof three of the fides are fi:rait lines, and which ishnd''hercby'"'^ 
 fituated on the fouth branch of the (buth-weft branch of GafpeyS"""'* 
 Bay, called York River, and is included within a bounding line 
 which begins in the following place and runs in the following 
 diredtions ; to wit, it begins at a birch-tree {landing near the mouth 
 of a fmall creek called Mill-Creek, and thence runs in a diredtion 
 thirty-two degrees to the weft of the fouth for a length of fix 
 thoufand Tiine hundred and thirty feet to a poplar-tree, which 
 makes the firft corner-boundary of the faid piece of land ; and 
 thence the faid bounding-line runs in a dire<3:ion fifty-eight degrees 
 to the weft: of the north for a length of three thoufand four hundred 
 and fixty-five feet to a cedar-tree, which makes the fecond corner- 
 boundary -y and thence in a diredlion thirty-two degrees to the caft 
 of the north for a length of fix thoufand nine hundred and thirty 
 feet to ajiolher cedar-tree fiianding on the bank of the river, which 
 makes the third corner-bdundary i and thence runs along the bank 
 <jf the faid fouth branch of the fai'd river called York River, 
 following the feveral courfes of the iaid branch or fmall river to the 
 
 4 firft 
 
 .» .(Mil 
 
 ■ M 
 
 H 
 
[ 200 ] 
 
 firfl: ftation or birch-tree ftanding near the mouth of the fald fmall 
 creek called Mill-Creek, which makes the fourth and laft corner- 
 boundary of the faid firft piece or lot of land; which laid firft piece 
 or lot of land contains about five hundred and fifty acres. 
 
 Dci'cription 
 tlicfecond p 
 of land h»rc 
 
 And the fecond piece, or lot, of land, which is likewife a four- 
 by'fided figure, whereof three of the fides are ftrait lines, and which 
 is fituated on the north branch of the aforefaid fouth-well branch 
 of Gafpey Bay called York River, and included within a bounding- 
 line which begins in the following place and runs in the following 
 diredlions; to wit, it begins at a birch-tree (landing on the bank of 
 the ikid north branch of York River, in the right line formed by 
 continuing^ the line that forms the weftern fide of the aforefaid firfl 
 piece, or lot, of land acrofs the fouth branch aforefaid of York River, 
 and acrofs the marfli that lies between the fouth and north branches 
 of the faid river, and acrofs the north branch of the fame to the 
 northern bank of the faid north branch, and it runs from the faid 
 birch-tree in the dire£lion aforefaid, to wit, in a direftion thirty- 
 two degrees to the eaft of the north for a length of fix thoufand 
 nine hundred and thirty feet to a pine-tree, which makes the firfl: 
 corner-boundary of the faid fecond piece, or lot, of land; and 
 thence the faid boundary-line runs in a direction forty-one degrees 
 to the eaft of the fouth for a length of three thoufand fix hundred 
 and eighty feet to another birch-tree, which makes the fecond 
 corner-boundary; and thence runs in a diredion thirty-two degrees 
 to the weft of the fouth for a length of fix thoufand nine hundred 
 and thirty feet to a maple-tree ftanding on the faid north bank of 
 \"ork River, which makes the third corner-boundary ; and thence 
 runs along the bank of the faid north branch of the faid river, 
 following the feveral courfes of the laid branch, to the firft llation 
 or birch-tree ftanding on the bank of the faid north branch in the 
 line or direflion afore-defcribed, which faid birch-tree forms the 
 fourth and laft corner-boundary of the faid fecond piece, or lot, of 
 land ; which faid fecond piece, or lot, of land contains about five 
 hundred and fifty acres. 
 
 And the third piece, or lot, of land, which is likewife a four-fided 
 
 --1_ — C ^1 _t A.1— _ /- -J _ _ _ _ _ i\ Tj-1* ^ t««* 
 
 Defciiption of 
 
 the third p'ece i ' r ' f ' " *"**" *"""-» 
 
 of land hereby figure, whercof three of the fides are ftrait lines, and which is 
 
 *""" ■ fituated on the broad part of the river aforefaid called York River, 
 
 before it divides into the two branches that include the marlhy 
 
 ground 
 
t 
 
 201 
 
 ] 
 
 I 
 
 d fmall 
 corner- 
 rft piece 
 
 a four- 
 1 which 
 1 branch 
 unding- 
 Dllov.ing 
 bank of 
 rmed bv 
 faid firft 
 rk River, 
 branches 
 le to the 
 the faid 
 n thirty- 
 thoufand 
 the firft 
 nd } and 
 e degrees 
 hundred 
 ; fecond. 
 ) degrees 
 hundred 
 bank of 
 id thence 
 aid river, 
 ft ftation 
 h in the 
 orms the 
 lor lot, of 
 bout five 
 
 four-fided 
 which is 
 
 ^rk River, 
 marftiy 
 ground 
 
 ground before-mentioned called above the North and South Branches 
 of the faid river, which laid third piece or lot of land is included 
 within a bounding-line, which begins in the following place and 
 runs in the following diredUons ; to wit, it begins at a fir-tree 
 ftanding on the northern bank of the fiid river called York River, 
 at the mouth of a fpring-branch near the Winter Houfe of the 
 faid Felix O'Hara, and thence runs due north for a length of four 
 thoufand two hundred feet to a cedar-tree, which makes the firft 
 corner-boundary of the fiid third piece or lot of land ; and thence 
 runs in a diredion fevcnty-one degrees to the weft of the north for 
 a length of two thoufand one hundred feet to a birch-tree, which 
 makes tne fecond corner-boundary ; and thence runs due fouth to a 
 fpruce-tree ftanding on the bank of the faid river called York River, 
 which makes the third corner-boundary ; and thence runs along 
 the bank of the faid river, following the feveral courfes of the faid 
 river, to the firft ftation or fir-tree ftanding on the north bank of 
 the faid river at the mouth of a fpring-branch near the houfe of 
 the faid Felix 0*Hara, which faid nr-tree makes the fourth and laft 
 corner-boundary of the faid third piece, or lot of land j which faid 
 third piece, or lot of land contains fomewhat Icfs than two hundred 
 acres. 
 
 To have and to hold the faid three pieces, or lots, of land "=•''«"<'"'» "'* 
 hereby granted, of us, our heirs and fucceffors, to them the faid 
 Felix O'Hara and John Mac-Cord, and their heirs and afllgns, and 
 the heirs and afllgns of each of them, for ever, to be holden, occu- 
 pied, and enjoyed by them the faid Felix and John, and their heirs 
 and alfigns, as tenants in common and not as joint-tenants, in free 
 and common focage, to wit, by fealty and the certain rent of 
 twenty-fix (hillings of lawful money of Great Britain every year, in Quu-imt. 
 lieu of all manner of fervices, to be paid every year on the feaft day 
 of Saint John the Baptift to our receiver-general of our revenue in 
 our faid province of Quebec, or, in cafe of hisabfence from the faid 
 province, to our governour in chief, lieutenant-governour, or other 
 our commander in chief of our faid province for the time being, for 
 the ufe of us, our heirs and fucceffors ; the firft payment of which 
 rent fhall be made on the aforefaid feaft day of Saint John the 
 Baptift in the year of our Lord one thoufand feven hundred and fixty- 
 nine. 
 
 Cc 
 
 And 
 
 m 
 
 11 
 
 Ik, '•^' 
 
 m 
 
 m 
 
 »r 
 
 ii 
 
 l'i:ll 
 
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 Am 
 
 V 
 
 li 
 
 m 
 
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 fi 
 
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 ■^1 
 
 
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 'li^ 
 
 
[ 202 ] 
 
 Rerervation of 
 ail Mines of 
 {old uid Clvcr. 
 
 Mot ice thereof 
 to be given to 
 the King's 
 •fficers withia 
 fix mniuhs 
 after their 
 
 Penalty of a 
 jieglcil l;ei'ein. 
 
 And we do hereby give and grant for us, our heirs and fucceffors, 
 unto the faid Felix O'Hara and John Mac-Cord, and each of them, 
 their heirs and affigns, and the heirs and aflignsofeach of them, 
 full power and liberty to ufe, occupy, cultivate, and enjoy the 
 premifes aforefaid, in any manner he or they fliall think fit, as well 
 by cutting down any trees growing upon the faid premifes (large 
 timber-trees fit for building (hips not excepted) and by digging for, 
 opening, and working any mines that may happen to be found on 
 the faid premifes (excepting only mines of gold and filver) as by 
 cultivating the furface of the ground on the fame, or by any other 
 method of improving it whatfoever, and to apply the produce and 
 profits thence arifing to his and their own ufe and benefit, paying 
 only therefore to us, our heirs and fucceflbrs, the rent above referved 
 of twenty-fix fliillings of lawful money of Great Britain every year. 
 
 But we do hereby exprefsly referve to ourfelves, our heirs and 
 fucceffors, all mines of j^ H or filver that may happen to be found 
 upon the faid premifes, fo that the faid mines (hall belong unto us, 
 and them, in as full and ample manner as if the prefent grant had 
 never been made. And we do likewife referve to ourfelves, our 
 heirs and fucceflbrs, full power, right, and authority to make and 
 ufe all fuch roads, ways, and paflTages over the reft of the faid 
 premifes hereby granted, and alfo to take, flop, divert, and ufe all 
 fuch rivers, flreams, ponds, and bodies of water, as fhall by us, or 
 them, be judged neceffary or convenient for the working and im- 
 proving the faid mines. 
 
 And further, if any mine or mines of gold or filver fhall be found 
 upon the faid premifes hereby granted, the faid Felix O'Hara and 
 John Mac-Cord, or one of them, or their heirs or affigns, or one 
 of them, fliall, within the fpace of fix months after the difco- 
 very thereof, give notice of fuch difcovery to our receiver-gene- 
 ral of our revenue in the faid province of Quebec, or to the 
 deputy-auditor of the accounts of our revenue in the faid province, 
 or to our governour in chief, lieutenant-governour, or other our 
 commander in chief of our faid province for the tinje being : and, 
 if he or they fhall make default herein, the prefent grant fhall at 
 the end of the faid fix months next enfuing after fuch difcovery of a 
 gold or filver mine, become void, and the whole pren.ik'ii aereby 
 granted fhall revert or efcheat to us, our heirs and fucceffors, and 
 
 ihall 
 
d fucceflbrs, 
 ch of them, 
 :h of them, 
 1 enjoy the 
 : fit, as well 
 mifes (large 
 digging for, 
 )e found on 
 Giver) as by 
 ay any other 
 produce and 
 lefit, paying 
 )ove referved 
 every year. 
 
 ur heirs and 
 to be found 
 ong unto us, 
 It grant had 
 iirfelves, our 
 to make and 
 of the faid 
 , and ufe all 
 all by us, or 
 mg and im» 
 
 hall be found 
 O'Hara and 
 Tigns, or one 
 ;r the difco- 
 eceiver-gene- 
 :, or to the 
 faid province, 
 or other our 
 being : and, 
 grant (hall at 
 difcovery of a 
 sn-.lk-s aereby 
 acceflbrs, and 
 ihall 
 
 [ 
 
 20! 
 
 } 
 
 fliall become the ahfolute and int.ire property of us, or them, in 
 the fame manner as if the prcfent grant had never been made. 
 
 Alfo, if the yearly rent aforefaid of twenty-fix {hillings of lawful ?en»Uyfoi' non- 
 money of Great Britain fhall be behind and unpaid for the fpace ofq?,ItTrcnt.°^ '''° 
 one whole year, the prefeni grant (hall at the end of the faid year 
 become void, and the whole premifes hereby granted (hall revert or 
 efcheat to us, our heirs and fuccelTors, and be the abfolute and 
 intire property of us, or them, in the fame manner as if the prefent 
 grant had never been made.. 
 
 And whereas our loviRg and faithful fubjefl John Collins, ^^^.[^^^"''['j^^''."; 
 Efquire, the deputy-furveyor of our province of Quebec aforefaid, provememof 
 has certified to our lieutenant-governour and the council of our faid' 'P'*""*' 
 province, that the premifes hereby granted are poor and barren and 
 unfit for the produdiion of hemp and flax; and as therefore they ought 
 rather to be employed in the feeding of neat cattle, or to be improved 
 by opening and working ftone-quarries, or mines of fome other ufe- 
 ful mineral, than to be planted, fown, or cultivated j and whereas 
 it is our royal will and pleafure that the perfons to whom wc 
 make grants of land in our faid province, (hould improve the 
 lands fo granted to them in fome one of thefe ways, as has been 
 more fully declared in our royal inftrudtions to our trufty and 
 well-beloved James Murray, Efquire, our captain-general and 
 governour in chief of our faid province, which have been pub- 
 li(hed by him in our faid province by a proclamation dated the firft 
 day of March in the year of our Lord one thoufand feven hundred 
 and fixty-five : we da therefore require of the faid Felix O'Hara 
 and John Mac-Cord, and their heirs and a(figns, as a condition ne- 
 ce(rary to the continuance of the prefent grant, that within three 
 years from the day of the date of this grant, they the faid Felix and 
 John, or one of them, or their heirs and alligns, or the heirs or af- 
 figns of one of them, do either in the firfl place, put feventy-eight neat 
 cattle on the premifes hereby granted, an J continue them thereon till 
 feventy-eight acres of the faid premifes (hall be fully cleared and im- 
 proved; or in the fecond place, that they (hall within the faid threp 
 years begin to employ on the faid premifes thirteen good and ablelabour- 
 ing men in digging fome (lone quariv or other mine, (mines of gold 
 and filver only excepted) and continue them at work thereon for three 
 
 C c 2 years 
 
 I 
 
 % 
 
 wu 
 
 m 
 
 m 
 
 i 
 
 
 M 
 
 p. 
 
 iii 
 
 
 : i 
 
 ri 
 
 
 ■yd 
 
[ 2®4 ] 
 
 Penalty in cafe 
 of a breach of 
 thU condition. 
 
 years then next enfuing; or, in the third place, that they fliall 
 within the fame time employ only twelve hundred acres or eleven 
 hundred acres, or fome fmaller number of hundreds of acres, of the 
 faid premifes in feeding neat cattle, at the rate of three neat cattle 
 to every fifty acres, and continue the faid number of neat cattle 
 thereon till the faid number of acres, to wit, three acres for every 
 fifty, fhall be fully cleared and improved ; and likewife employ on the 
 faid premifes one, or two, or fome greater number of good and able 
 labouring men, at the rate of one labouring man for every hundred 
 acres fo improved, in digging fome ftone quarry, or other mine 
 (mines of gold and filver only excepted) and continue them at work 
 thereon for three years thence next enfuing. And if the faid Felix 
 O'Hara and John Mac-Cord, or their heirs or aliigns, (hall negledt 
 to fulfil this condition, the prefent grant (hall immediately upon the 
 breach or non-performance thereof become void, and the premifes 
 hereby granted, or fuch part thereof as hath not been cultivated in 
 the manner here defcribed and direfted, (hall revert or efcheat to us, 
 our heirs and fucceiTors, and become the abfolute property of us, 
 or them, in the fame manner as if the prefent grant had never been 
 made. 
 
 rrf"rto°make ^^^ whercas it may hereafter become expedient for the Inhabi- 
 roafs throu'^h * tuHts of thc faid provlncc of Quebec that one or more public roads, 
 btrcby jrw'ted. or highways, may be made through fome parts of the premifes 
 hereby granted, we do therefore hereby referve to us, our heirs and 
 fucceflbrs, a right of making any number of public roads, or high- 
 ways, of a breadth not exceeding one hundred feet, through any 
 parts of the faid premifes, excepting fuch parts whereon any 
 dwelling houfes or other buildings (hall be erefted, whenever it 
 fhall be thought advifeable by our governour in chief, or lieutenant- 
 governour, or other our commander in chief of our faid province for 
 the time being, by and with the advice and confent of our council 
 of the fame, to caufe fuch public roads, or highways, to be made. 
 
 Befervation of And whercas it may likewife at fome time hereafter become expe- 
 for'&ttoSo'ii <iient for the peace and fafety of our faid province of Quebec to 
 i.«cr'"r[nud ^'^^^ ^"'^ ^"'^^ forts, or fortrefles, or to make other works of 
 military defence in various parts of the faid province, we do there- 
 fore alio referve to ourfelves, our heirs and fuccefTors, full power, 
 •right, and authority to eredt and build any forts or fortrefles, and 
 
 to 
 
[ 205 ] 
 
 to make any other works of military defence on any parts of the 
 faid premifes hereby granted, and to take, ufe, and occii , and 
 retain in our hands as long as we (hall think fit, fuch partb jt the 
 faid premifes as may be neceflary for the faid purpofes, whenever we, 
 or our heirs or fucceflbrs, fhall fignify it to be our, or their pleafure 
 fo to do by an order given by us, or them, in our, or their privy 
 council in Great Britain, or it fhall be Judged to be advifeable and 
 expedient fo to do by oui governour in chief, lieutenant-governour, 
 or other our commander in chief of our faid province of Quebec, 
 by and with the advice and confent of our council of the fame. 
 
 Provided neverthelefs, that, if any dwelling houfes, or other build- 
 ings eredted on the faid premifes by the faid Feli-c O'Hara and John 
 Mac-Cord, or their heirs or afligns, be dcftroyed or taken into the 
 hands of us, our heirs or fucceflbrs, for the purpofes laft-mentioned, 
 by virtue of the faid power and authority hereby referved, a rca- 
 fonable compenfation (hall be given to the faid grantees, or their 
 heirs or adigns, for the lofs and damage they (liall have thereby 
 fuftained, by us, our heirs, or fucceffors i and this compenfation, 
 {hall be given them before the faid houfes or buildings (hall be taken 
 from them, if it (hall be done in time of peace ; and if it (hall be 
 done in time of war, within one year after tne faid houfes and build- 
 ings (hall be taken from them. 
 
 And we do hereby direft and appoint, that within fix months tms gr»ntftau 
 from the day of the date of thefe prefents, a copy of this grant wuhln cxx 
 ihall be regiftered in the office of our clerk of the inrolments of X'otic'" 
 deeds and patents in our faid province of Quebec, kept in the city ^^^'^ °^ ^^* 
 
 -«.^*^. ./.'I •* t ^^ 1 ^ /- t 1 ' «nrolments, 
 
 of Quebec m the (aid province, together with a copy of the plan ind a docket of 
 of the premifes hereby granted, made by the aforefaid John Collins, Ihriuditor"* 
 the deputy-furveyor of our faid province; and likewi(e that a****- 
 docket of this grant be entered in the office of our deputy- auditor 
 of the accounts of our revenue in the faid province : and if this 
 grant be not regiftered in the office of the clerk of the inrolments, 
 and a docket thereof entered in the office of the faid deputy-auditor 
 in the fpace of fix months, in the manner hereby directed and ap- 
 pointed, it (hall at the end of the faid fix months become void ; 
 and the whole premifes hereby granted (liall revert or efcheat to us, 
 our heirs and fucccffors, and become the abfolute property of us, 
 
 or 
 
 Ht} 
 
 f i 
 
 ^»..^il 
 
 ; -£• 
 
[ 206 ] 
 
 or them, in the fame manner as if the prefent grant had never 
 been made. 
 
 When July And hftly, we do hereby for ourfelves, our heirs and fucceflbrs, 
 
 JSt'noJ"" grant to and covenant with the faid Felix O'Hara and John Mac- 
 *'''"^"''i"B Cord, and iheir heirs and affigns, and the heirs and afligns of each 
 imperfi«iov."of them, that the prefent grant, after it and the plan thereto be- 
 longing (hall have been regiftered in the office of the clerk of the 
 inrolments, and a docket thereof fhall have been entered in the 
 office of the deputy-auditor as aforefaid, fhall be good and efFedlual 
 in law againft us, our heirs and fucceflbrs, according to the true 
 and plain meaning and intent thereof, notwithflanding any mif- 
 recital or mif- naming of any thing in the fame recited or named, 
 or meant and intended to be recited or named, or any other imper- 
 fe<£lion or miftake in the fame whatfoever. • 
 
 In witnefs whereof we have caufed thefe our letters to be made 
 patent, and our public feal of our faid province of Quebec to be 
 affixed unto them, this twentieth of May, in the feventh year of 
 our reign, and in the year of our Lord one thoufand feven hundred 
 and fixty-feven. ^ -^ • 
 
 
 (Witnefs) 
 
 GUY CARLETON, 
 
 Lieutenant Gov.'rnour. 
 
 '^ ^l'-,... 
 
 : • •; : ;,! . 1*' ,:it .r 
 
 ! ... . , ... y.' ■ r ... 
 
 - .!•.•> 
 
 .!':)■ . ' .■:(::, 
 
 ■» ■. . Ml .. ' ' .■'■; ' ; i • fi 
 
 N. B. The four preceding grants of land, to wit, the three grants 
 . to Mr. Edward Manwaring, and this to Mr. O'Hara and Mr. 
 , Mac-Cord, are all that pafled the public feal of the province during 
 :. the three years that I refided in the faid province, to wit, from 
 : September 1766, to September 1769. 
 
 .. ... F. M. 
 
 . • i 
 
 1 ',« .1 
 
 
 ■t' . : ) 
 
 I 
 
 A fhort 
 
[ 207 ] 
 
 NUMBER XXIX. 
 
 A fhort Account of the GRANTS made by the King 
 of France of a Liberty to work the Iron Mines near 
 the Town of Three Rivers, ufually known by the 
 Name of les Forges de Saint Maurice, and men- 
 tioned in his Majesty's Inftrudlions above recited, con- 
 cerning Grants of Land, Page 175, fo far as it may 
 be tolleded from the Inftruments that have come to 
 my Knowledge, and which hereafter follow. 
 
 March az, 1730, the king of France granted a licence to work 
 thefe mines (called a privilege in the order of council of 
 April 22, 1737) to Mr. Franchevllle. It does not appear 
 clearly whether this privilege was granted to Mr. Francbeville 
 alone, or to him and others conjointly. But on _ 
 
 January 16, 1733* a partnership feems to have been entered into 
 for v/orking thefe mines between Mr. Francbeville^ Mr. Peter 
 Poulin, Mr. Gamelin^ and Mr. Cugnet ; Mr. Peter Poulin was 
 at this time, jointly with his brothers, the proprietor of the 
 fief and feigniory of Saint MauricCy which is contiguous to the 
 Forges, and gives name to them. The Forges are not adlually 
 upon this feigniory, but upon another feigniory of a fmall 
 extent called the feigniory of Prw/y/i*. 
 
 Oftober 23, 1735. the widow of Mr. Francbeville and Mr. Poulin t 
 Mr. Game/in, and Mr. Cugnet made a furrender to the king 
 both of the privilege of working the iron mines of Saint Mau- 
 rice, and of the feigniory of Saint Maurice, and the buildings 
 erected upon it for the ufe of the mines, , , 
 
 Odober 15, 1736, Peter Poulin and Louifa de Boiilanger his wife, 
 
 and Michael Poulin^ his brother (a prieft and one of the 
 
 canons of the cathedral of Quebec) fold the fief and feigniory 
 
 ^ of Saint Maurice (which was necefTary to the working the 
 
 ' mines) 
 
 
 
 ^1 
 Mi; ■" 
 
 ■-\ is 
 I* It 
 
 I - 
 
 t ! 
 
 m 
 
 I 
 
 ] 
 
 I 
 
 t " 
 
 i: 
 
 m 
 
 i ' ( 
 
 'f > j 
 
 
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 'm 
 
 Wh 
 
 
 i 
 
 
[ 208 ] 
 
 mines) to Mr. Frauds Stephen Ctigra'tt Mr. Peter Francii 
 Olivier de J^ezaiu, Mr. James Simonuet^ and [guatius Gamelitit 
 a Merchant of Montreal, their hens and aliigns for ever, for 
 the fum of fix thoufand French livrcsj which they might delay 
 the payment of as long as they thought fit, provided they paid 
 n yearly intereil of three hundred livres for it. 
 
 It fecms on this occafion that the widowr Francheville and 
 Mr. Peter Poiilin thought fit to give up their concern in the 
 adventure of the mines, and Mr. Gamelift and Mr. Cugnet 
 refolved to go on with it ; and that they therefore entered into 
 a new partnerfliip with each other, and three new undertakers, 
 Mr. Olivier de Fezairtt Mr. James Simonnet^ and Mr. Thomas 
 James TqJ'chereau, to go on with this undertaking : that for 
 this Purpofe the whole former company of adventurers, to wit, 
 the widow Francheville, Mr. Peter Poulin, Mr. Gamelin^ and 
 Mr. Cugnet made a furrender of their grant to the king, 
 in order that a new grant of the liberty of working them 
 might be made to the new undertakers, that is, to Mr. Cugnet, 
 Mr. Gamelin, Mr. Olivier de FezaiHy Mr. Simonnet, and Mr. 
 Tajchereau, and for the fame purpofe the proprietors of the 
 feigniory of Saint Maurice (the poffeffion of which was ne- 
 ceffary to the carrying on the adventure of the mines) fold it 
 to the firft four of the new company of adventurers, namely, 
 Mr. Cugnet, Mr. Gamelin^ Mr. Olivier de Fezain, and Mr. 
 Simonnet, 
 
 April 22, 1 737, The king of France accepted the furrender that 
 had been made on the 23d of 0<5lober 1735, and made a new 
 grant to the new company of adventurers, that is, to Mr. 
 Cugnet, Mr. Gamelin, Mr. Olivier de Fezain, Mr. Simonnet, 
 and Mr. Tafchereau, of the Hberty of working any iron mines 
 they might meet with in the tra(£l of country extending from 
 the feigniory of Tamachicbe to the feigniory of the Cape de la 
 Madeleine, including both thofe feigniories. Within this extent 
 of country they may work any iron mines they can find, in 
 whofe ground foever they may lie, without any moleftation 
 from the faid owners of the foil, or any rent or indemnifica- 
 tion to be made them on this account, unlefs where they fpoil 
 fome of their cultivated lands ; in which cafe they (hall make 
 
 4 lb em 
 
[ 209 ] 
 
 tlicm an^nJs for tlic ni5liial damnrje tliey do to thefc cultivated 
 grounds, but i;o more. And the grantees (hall enjoy thii. liberty 
 of worlnng thcfc mines ibr a term oi' twenty years, without 
 paying the king any r.-nt, or profit, or confideration, on tiiis 
 account, whaMoeverj without even the tenth part of the proilucc 
 of the mines, which in Tuch cafes is lawfully due to him. But 
 all this the king intircly remits and releafes, and gives the un- 
 dertakers full power to turn all the produce of thele mii.cs to 
 their own a,dvantage. He fuither gives them power to take any 
 rivers or ftreams of water, and flop thtm, fo as to make 
 bodies, or refervoirs, of water for the ufc of the iron works, 
 in whofefoever ground they may happen to be, making amends 
 to the owners of the ground for the adtiial damage, if there is 
 any, thereby done to lands already cultivated, but nothing more, 
 lie then orders that all difputes between the undertakers and 
 •the owners of the land w'.ierc fuch mines and waters are found, 
 fliall be decided in a fummary method, without any expence 
 to the parties, by the intcndant of the province, or in his ab- 
 fence by the commilTary of the marine, whom by this order 
 of council he authorizes and commiflions to this purpofe. He 
 then promifes, by way of encouragement to this undertaking, 
 to advance to the undertakers the fum of 1 00,000 French livrcs, 
 •including about 42,900 which he had already advanced to 
 them on this account in Canada, for which they had given 
 him an acknowledgement, and bound themfclves to the payment 
 of it by a bond dated at Quebec, the 18th of Odober 1736. 
 In the tame bond they had likewife undertaken to repay to the 
 king^he further fum of 10,000 French livres, which the king 
 had before advanced to the firft company, of Francheville and 
 Poulint Gamelhi and Cugnet^ for ereding the buildings and 
 other preparatory works neceffary to the fame undertaking; 
 which fum of money the feco!id company of adventurers un- 
 dertakes to repay to the crown in confideration of their taking 
 poiTeflion of the buildings and other works thereby erei^ed, and 
 reaping the ailvantages they were intended to produce. And 
 the king, by the prefent order, accepts of the new adventurers 
 bond for the repayment of this io,oco livrcs, and acquits and 
 difcharges the widow l''ranchevi!le and Mr. Poulin irotn all 
 obligation to repay it. lie further orders that, as to the rcil 
 of the fum he has promif^id to advance to them (which is the 
 iiifferencc betv/ecn the iv.'o iums already advanced and ioo,coo, 
 
 D d or 
 
 '4."! 
 
 ^' ■ill 
 
c 
 
 210 
 
 ] 
 
 ■•••iil*: 
 
 M 
 
 or between 52,900 llvres, and iao,ooo llvres, that Is, about tlie 
 
 fum of 47,000 livres) they fliall give his officers bonds for the 
 
 repayment of it as faft as it is advanced to them, in the fame 
 
 manner they have done for the fum of 52,900 livres already 
 
 advanced. He further orders the new company of adventurers 
 
 to pay the widow Franchcville, and Mr. Poulin the money they 
 
 have expended in the working of the mines, by which Tfup- 
 
 pofe is meant the money they have laid out in buying utenfils, 
 
 or tools, and eredling permanent buildings for the carrying on 
 
 thofe works. He then direfts the new undertakers to buy the 
 
 feigniory of Saint Maurice of Mr. Peter Poulin and the other 
 
 joint-proprietors of it for an annual rent of 300 French livres, 
 
 redeemable for 6o«o livres, if it has not been done already, as 
 
 in truth it had by the afore-mentioned deed of fale on the 15th 
 
 of Odlober 1736. 
 
 May ift I743» the king re-united the eftablifhmcnt of the Forges 
 
 with its dependances to his demefne by an order of his counfd 
 
 of ftate. By this general expreflion of the ellablijhment of the 
 
 Forges and their dependances y which the king ra- united to his 
 
 demefne, I fuppofc is meant the privilege or liberty granted to 
 
 the new undertakers to open and work the mines, and all tlie 
 
 buildings, utenfils, and tools of all forts, prepared by them for 
 
 that undertaking, and likewifc the feigniory of Saint Maurice, 
 
 as being in a manner ncccffary to the carrying on the bufincfs 
 
 of the mines, whenever it fliculd be attempted again, cither by 
 
 the king himfelf or a new fet of adventurers. For it is certain 
 
 the feigniory of Saint Maurice was afterwards confidered as 
 
 belonging to the king in tlie fume manner and upon the fame 
 
 terms as it had belonged to the fecond company of adventurers 
 
 after the fale of it to them by Mr. Peter Poulin and his brother 
 
 on the 15th of October 1736, that is, upon condition that he 
 
 fliould pay to Mr. Poulin a yearly rent of 300 French livres 
 
 till he thought fit to redeem tiiis rent by paying him at once 
 
 6000 llvres. For after this furrender of the grant and works 
 
 made by the fecond company of undertakers in 1 7.] -5, the kingof 
 
 France ordered the mines to be v/rought at his own expence 
 
 and for his own profit, and one Mr. Giles Ponimcreau of Three 
 
 Rivers was employed as treafurer and paymiflcr of the money 
 
 allotted by the king to this undertaking: and by a certificate 
 
 figned by this Mr. Pommereau on the 4th of September 1 764, 
 
 it 
 
[ 
 
 211 
 
 ] 
 
 It appears, that while he fcrvcd the kin^ of Fiarxe in this em- 
 pioyment he pn.id every year, hy order of Monficiir Bigot, the 
 intsndant, the lain ot _p;oo Frcncii livrc;;, as a rent due to Mr. 
 Poulin for the feis'.riorv of Saint Maurice. 
 
 Thc'c arc all the particuhirs relating to thefe iron mines that 
 I have been able to collect from the inftruments that have been 
 put into my hands. 
 
 Quebec, June ill, 
 
 FRANCIS MASERES, 
 Attorney-General. 
 
 A Deed of Sale of the Fief and Seigniory of Saint Maurice 
 near Three Rivers by Peter Poulin of Quebec, and 
 Louisa de Boulanger his Wife, and Messire Mi- 
 chael Poulin, Prieft, Proprietors of the fame, to Mr. 
 Francis Stephen Cugnet, Peter Francis Olivier 
 DE Vezain, James Slmonnet, and Ignatius Gamelin, 
 Merchant of Montreal, their heirs and alligns, dated 
 the 15th of Odlober 1736. 
 
 ij'i' 
 
 J:Ih 
 
 1) AR devant les notaires royaux en la prev6t6 de Quebec, y refi-^^^^'''"^'"- 
 ■*• dents, fous-fignes, fnrent prefents en leurs perfonnes le iieur 
 Pierre Poulin, marchand decette ville, y demeurant rue fous le fort, 
 et damoifelle Loiiije Jl' Bou/angcr, fon enoufe, qu'il autorife a I'cfFet 
 des prelcntes, el Mejjire Michel Poulin, pretre, chanoine de 
 I'eglife cathedrale de cettc ville, et faifant les fonitions curiales par 
 voyede mhlion en la paroilTe dcNotreDamede la Nativite, feigneurie 
 de Beauport ; 
 
 Lefquels de leur bon grc et volonte, folidairement I'un pour I'autrc Li v 
 et I'un d'eux fcul pour Ic tout, fans divifion ni dilcuffion, renongant 
 
 D d 2 ^ audits 
 
 cntc. 
 
 !'«l 
 
c 
 
 212 
 
 ] 
 
 Uirti veuU 
 
 audits benefices, cnt reconnu et confeile, avoir vendu, cede, quittc^ 
 tranfporte et delailic, commcdc fait vendcnt, cedent, quittent, trani- 
 portent, & dclaiflent, par ces prelentcs, des maintenr.nt & a 
 toujoLirs, avcc piomciie par la dite voye folidaire de garantir do 
 touts troubles, dcttcs, hyrotheques, don", doiiaire, eviction, aliena- 
 tion 6c autres cmpechements generaletncnt quclconquc?, au fieurs 
 >Jomtii>tc:iui. PfaK'fo/s Ei(/e^:!>e CiigKfi, premier conitiller au confeil lupcri^ur dc 
 Quebec et diretticur du domaine d'occi(knt en Canada, demeu- 
 rant au dit Qiiebec, Pierre Francois Olhicr de Vezain, 'Jacques 
 Simomietf malire de Forges, de prelent en cette ville, ct Ignace 
 Gamelirit negociant a Montreal, y demeurant ordinairement, aufll 
 de prefent en cette ville, a ce prcients et acceptants, acquereurs; 
 
 HnW.im. Pour eux, leurs hoirj, et ayant caufe; ffavoir, le fief nommc 
 
 ''""'idiws. Saint Maurice contenant une lieiic de front fur la riviere des Trots 
 RiviereSi ii prendre du cote du fud-oiiell aux confins de la feigneurie 
 appartenante auxheritiers La Fond en delcendant la dite riviere, fur 
 deux lieiies de profondeur, avec droit de pefche fur la dite riviere 
 vis a vis la dite lieue de front, circonftances et dependances j fans 
 par les dits fieurs vendeurs en rien referver ni retenir, quand meme 
 la dite feigneurie fe trouveroit de plus grande etendue j 
 
 Et auxquels dits fieurs vendeurs la dite feigneurie appartlent 
 comme heriticrs de feu fieur Maurice Poulin et de defundle damoi- 
 felle Jeanne yahpCt leurs ayeul et ayeule, eta laquelle dite damoifelle 
 yeamie Jalope^ pour lors veuve du dit liei.i* Maurice Poulin^ le dit 
 fief auroit ete accorde tant en fon nom qu'au nonis de fes enfant?,; 
 par Monfieur Du Chefneaux ci-devant intendant en ce pais, et par, 
 titre de conceflion du quatorze Aout, millc, fix cents, foixante, 
 feize; lequel titre et autre papiers concernant la proprieie du dit fief 
 les dits fieurs vendeurs promettent remettre ijicelfarament aux dits 
 lieurs acquereurs. 
 
 Titre iti v«n- 
 
 Jcui's. 
 
 La prcftnM 
 veiite k fait 
 pour Ic 
 (.000 livres 
 'loiirncis. 
 
 Cette vente, cefTion, et tranfport ainfi fait a la charge par les dits 
 
 pr'i'x de fieurs acquereurs des droits et redevances dont le dit fief fe trouve 
 
 charge envcrs le domaine de fa niajefte, quittcdes dits droits en 
 
 pafl'e jufqu'a ce jour ; outre ce, pour et moyennant le prix et fomme 
 
 de fix mille livres de prix principal : 
 
 urVs'tra.r LaqucUc ditc fomme de fix mille livres, du confentement dc5 
 tnnititiKefuiiefieui-j vendeurs, eft demeuree en mains des dits fieurs acquereurs, qui 
 
 <''i prix dc 1' k 
 
 jooiiMcs. i ont 
 
r, quittCj 
 ;nt, triini- 
 .ant & a 
 irantir de 
 n, alicn:i- 
 au iicurs 
 Dcrisur dc 
 dcrncu- 
 , Jacques 
 ct Ignace 
 lent, aufil 
 ;reurs ; 
 
 f nommc 
 des 'Trois 
 feigneurie 
 riviere, fur 
 lite riviere 
 ncesj fans 
 ind metne 
 
 lappartient 
 
 [te damoi- 
 
 amoifelle 
 
 (lint le dit 
 
 enfants, 
 
 , et par, 
 
 foixante, 
 
 du dit fief 
 
 aux dits 
 
 )ar Ics dits 
 fe trouve 
 droits en 
 et fomme 
 
 ement dc^ 
 reurs, qui 
 I'ont 
 
 [ 213 1 
 
 Pont retenu a conflitution de trois cents livres de rente annuelle et 
 perpetuelle racheptciblc a toujoursj que les dits fieurs acquercurs 
 promettcnt et s'obiigent fclidairemtnt, Tun pour I'autre et Tun 
 d'eux feul pour le tout, bailler et payer aux dits fieurs vend^urs, ou a 
 leurs ayants caufe, jufqu'au parfait rachapt d'icellcj qui ne pourra 
 etre fait qj'eu unfeul pa\emc]U, et par la dite fommc principale de 
 fix mille livres avec les arrdTagcs de rente qui feront dus alors ; la dite 
 rente echcante au premier jour du mois de Janvier de chaque annee. 
 Et fer.i due par les dits fieurs acquereurs aux dits fieurs vendeurs au 
 premier jour de Jaiwicr procliain la fomme dc fept cents, cinquante 
 livres pour arrerages de la dite rente, attendu la pofieflion qu'ils out 
 eu ci-devant du dit fief, etant convenu avec la danioifelle Tcreze tfi: 
 Couagne^ veuve du i\Q\xi Francois Poulhi de Frar,cheville, de lui payer 
 la fomme de quatre cents, cinquante livres pour arrerages de la memc 
 rente a elledue par I'aite de ceflion et abandon, qu'elle auroit fait et 
 confenti devant les notaires fous-fignes en date de ce jour des droits 
 qu'elle avoit dans le privilege de la mine de fer, qui fe trouve fur 
 I'etenduc du dit fief et autres lieux accordcs par fa majefic au dit 
 feu fieur Francbevilk fon mari, et ce au profit des dits fieurs acque- 
 reurs. 
 
 Et pour furete de la dite rente conftituecet fort principale d'Iceilc, nyroti'^que <f« 
 les dits fieurs acquereurs par la dite voye tolidaire ont oblige, an^ectc, icurs. 
 ct hypotheque touts leurs biens generalement quelconqnes, prefents 
 et futurs, ct fpecialement le fufdit fief prefentement vendu, flins 
 que les obligations generale et fpecialc derogent Tune a I'autre. 
 
 Et au moyen de ce que defi*us les dits fieurs Pierre PouHn tt fon Cifnon it tom* 
 epoufe, aW^xt^ienv Michel Poulin ont cede et tranfporte, cedent a^;!,'; at' Jc'iu 
 ct tranfportent touts droits de propriete, fonds, tres fonds, noms, f"* ■"'^"i"''' 
 raifons, et adtions qu'ils peuvent avoir et pretendre dans le dit fief, """ 
 droits dc jullice et autres, au profit des dits fieurs acquereurs, leurs 
 hoirs, et ayants caufe, pour en joiiir, faire et difpofer comme de 
 leurs propres biens et loyal acqueft en vertu des prefcntes. 
 
 Voulant et confentant, 6cc. promettant, 6cc. obligcant, 6cc. renon- 
 cant, 6cc. 
 
 Fait et pafle au dit Quebec en I'etude dc Pinguet, I'un des dits 
 notaires, cu eft rcHe la minute des prcfcntes, le quinze Otflubrc, 
 
 miilc, 
 
 t 
 
 \ 
 
 Wi 4 
 
 mi 
 
 h\\ 
 
 I 
 
 V < 
 
 m 
 
 f 
 
 I ti' 
 
 1 ■ 'V 
 
 
 ■'J I' 
 
 ■ I, 
 
 ^ I' 
 
 m 
 
 * ' » ■ 
 
 ♦ 
 
 mil ; 
 
C 214 ] 
 
 niillc, fcpt cents, trcntr, C\k, aprcs midl. Et ont Ics dits llcurs ven- 
 
 dcurs ct aecipcrcuri et uotidres {"ous-fiffnts fi^iic, Iciturc iailc iuivctr.t 
 
 rcrdonnancc. 
 
 ^■ rr '» i • . " -;• ^ S^* O U L I N, pictre, 
 Amliljgnc a la miniitccics prclcntesi p < ) tj r t -vr 
 
 LOUISE DE BOULANGER POULIN, 
 IGNACE GAMELIN, 
 S I M O N N E T, 
 OLIVIER DE VEZAIN, 
 C U G N E T, avec paraphe, 
 
 B O I S S E AU, Notaire, avec paraphe, 
 Et de nous, Notaire fous-figne, 
 
 P i N G U E T. 
 
 Compagnie des Forges de Saint Maurice. 
 
 JE fous-figne, Tun des interefles en I'exploitation des Forges dc 
 Saint Maurice, reconnois avoir re9u du fieur Pierre Poulin^ 
 marcband de cette ville, les litres, et papiers concernant la propriete 
 du fief et feigneurie de Saini Maurice, confidant, fjavoir, 
 
 1 . Un contradde conceflion dc la dite feigneurie par Monfieur Dit 
 ChefneaUt lojs intendant en ce pays, en date du 14 Aout, 1676. 
 
 2. Un adle contenant donation par "Jeanne Jnlope, veuve de MaU" 
 rice Poulin fieur de la Fontaine^ au profit de Michel Poulin fon 
 fils, et tranfadlion entre le dit Michel Poulin, et ft"s freres et fceur, 
 en date du ip Janvier, 1683. 
 
 3. Une <\vi\\.i2inct dvi (xem Jean Baptijle Poulin de Courval au dit 
 fieur Michel Poulin fon frerc, en date du 30 Avril, 1683, en confe- 
 quence de la ditc tranfadlion. 
 
 4. Une 
 
I'.curs ven- 
 .ite iuivdiit 
 
 pretre, 
 
 ULIN, 
 
 [ '^5 ] 
 
 paraphe, 
 > U E T. 
 
 Forges dc 
 ■re Poulin, 
 a propriete 
 
 4. Une autre quittance du fieur Fr.r/i^oh ie Maijlre de la Morille 
 au dit fieur Micbel Poulin ion bcau-frcrc, en date du 28Novembre, 
 1690, aufli en confequence de la ditc tranfadtion. 
 
 5. L'ade de foi ct hommage du dit fieur Pierre Poiilin tant 
 pour lui que pour fes frercs, pour le dit fief et feigneurie de Saint 
 Maurice en date du 4 Avril, 1725. 
 
 6. L'avcu et denombrement du dit fief de Saint Maurice donne 
 par le dit fieur Pierre Poulin le 5 du dit niois d'Avril, 1725, et un 
 proces verbal d'arpentagc fait par un arpenteu jure, le 25 Avril, 1 726, 
 pour lafeparation du dit fief et feigneurie de Saint Maurice d'avec le 
 fief de Sainte Marguerite, 
 
 De la rcmife dcs quels titres ct papiers en confequence du contrad 
 de vente ci-devant et des autres parts tranfrript, je quitte ctdechar^e 
 le dit fieur Pierre Poulin et touts autres, tant pour moi que pour mes 
 alTocies en la compagnic des Forges de Saint Maurice, acquereurs du 
 dit fief. 
 
 Fait a Quebec le 27 Dccembre, niille, fcpt cents, trente, fix. 
 
 CUGNET ct Compagnic. 
 
 '„',■'' lie 
 
 jonfieur Dh 
 I676. 
 
 [e de Man-' 
 \Poulin fon 
 :s et foeuv. 
 
 \val au dit 
 en confe- 
 
 4. Unc 
 
 An 
 
 ! i 
 
 H' 
 
Ii 
 
 m 
 
 Li 
 
 11 
 
 ; t 
 
 [ 216 ] 
 
 An Order of tlic Council of State of the King of 
 F R A N c r , im Dowerino; tlie Sicurs C u g n e t, T a s - 
 
 C I-I E R E A U, O L I V I E II D E V E Z A I N, S I M O N N E T and 
 
 Game LIN, to open and work the Iron Mines con- 
 tained within the Trad uf Land that reaches from the 
 Seigniory of Yamachiche to the Seigniory of the 
 Gape d2 la Madeleine, including both thofe 
 Seigniories, dated April 22, 1737. 
 
 T^ XTR A I T du confeil d'etat du roi du 22 Avril 1 737, portant 
 ^-^ permillion aux fieurs Cugnett TafchercaUy Olivier ^e Vczain, 
 Simonnet, et CamcHrit de faire I'ouverture des mines de fei* dans 
 I'ctenduc de paVs qui fe trouve depuis et compris la feigneurie 
 d'Tainacbiche]\\(<^&i et compris la cape de hi Madeleine. 
 
 Et fa majeftc voalant pourvoir a reftabliflemcnt fclide dc Tcxploi- 
 
 tation des dites mines de fer, pour procurer a la colonic di la Nou- 
 
 velle France les avantages que cet eftabliflement peut produire, ct 
 
 ayant egard aux reprefentations qui lui ont ^t<^' faites de la part des 
 
 dits Cugnet, Tcifchcreau^ Olivier de Vezaiuy Sii'iojwet, ct Gcaneliuy 
 
 et aufli a I'avis des fieurs Marquis de BeaukarnQis, gouverneur ct 
 
 lieutenant-general pour fa majefl^ en la Nouvcllc France, et llocquart-, 
 
 Thtkinjtic- intcndant au dit pais, le roi, ctant en fon confeil, a autoriic, agree, 
 
 deroA'i'cnurty ct acccpte, autorifc, agree, et accepte, la ceffion et remife faite par 
 
 pi-.mteJtothe j^ dife vcuvc FraiichevHk ct par les dits fieurs Pculin, Gamclin, 
 
 x'a'^"-^'^ '' ci Ctignety par le dit adte du vingt-trois Odlobre, mille, fept cents, 
 
 jer'wJmlarby trcntc, cinquc, du privilege accorde au dit feu fieur Franchcville parlc 
 
 .dccdciatcj (^ijt brevet du vingt-cinq Mars, mille, fept|cents, trente, de la dite 
 
 >7;'i. ' *^' feigneurie de Saint Maurice, et des eftabliffements faits pour I'exploi- 
 
 taiion des dites mines : 
 
 riir.rtofthe En confequcncc a accorde et accorde aux dits fieucg Francois 
 
 liia''unkufs Etieiine Cugnet, 'Thomas Jacques Tdfchereau, Pierre Francois 
 
 iron mints. OHvier dc Fczaiu, "Jacques Smonnety ct Ignace Gamelin, tant pour 
 
 eux que pour Lurs herititrs et ayant caufe, la permiffion de faire 
 
 I'ouverture 
 
[ 217 ] 
 
 Touverturd des dltcs mines defer dansretcnduc depays qui fe trouve "i"'"" » w- 
 depuis et compris la feigneurie d'Taiiuichichet jufques et compris co'uiiu|. * 
 la feigneurie du cap de la Madeleine, et de les faire fouler et travailler 
 k leur profit, a I'exclufion de touts autres, et d'y faire con Per uire Ics 
 forges, fourneaux et autres ouvrages qu'il conviendra, pendant refpacc 
 de vingt annees confecutives, a compter feulemcnt du jour que Ic 
 fourneau fera allumc et charge pour la premiere fois fuivant le 
 proces verbal qui en fcra drefle par le lieutenant general de la jurif- 
 di<flion des Trois Rivieres que fa majefte a commis acet effet. 
 
 Sans que les proprle'taires des terres, fur lefquelles les dites mines 
 feront ouvertes, puiflent y rien pretendre; a la charge de leur rem- 
 bourfer les prix des terres qui fe trouveront cultivees fuivant Ye^i- 
 mation qui en fera faite par experts convenus entre les dits Cugnety 
 TafchereaUy Olivier de F'ezain, Simonnet, et Gamelin, et les dits 
 proprietaires, ou qui feront nommes d'office ; et fans que les dits 
 Cugnety tq/chereau, Olivier de Fczain^ Simonnet et Gamelin foient 
 tenus a aucun rembourfcment pour I'ouverture et exploitation des 
 dites mines fur les terres qui n'auront point ete cultivees. > 
 
 Leur permet aufli fa majefte de faire les prifes ct rctenues d'eaux 
 neceffaires a la dite exploitation dans les endroits et fur les terrains 
 qui fe trouveiont les plus commodes, a condition d'indemnifer 
 pareillement les proprietaires des terres fur lefquelles les dites 
 prifes et retenues d'caux feront faites, s'il y a lieu a dedora- 
 magement, et ce d dire d'experts convenus ou nommes d'office. 
 
 Sans que pourraifon de la dite exploitation les dits fieurs Cugneft'^'sr^''^^ 
 Tqfchereau^ Olivier de Fezain, Simonnet et Gamelin foient tenus rent o7pro6t 
 de payer a ia majefle, ni a fes fucceffeurs rois, aucunc finance ni in- dbekf^''i(brThii 
 demnite pour quelque caufe, ni fous quelque pretexte que cc foit; |i,^tjfj''^i''^°5^' 
 dont fa majefte leur a fait par le prefent arr£t don et rcmife, not ercn the ' - 
 meme du droit de dixieme ^ die appartenante. lhe'\oauM of 
 
 them, which 
 
 Veut fa majefte que touts les proces, differends, et conteftationsfoXmr"*" 
 qui pourroient intervenir nour raifon de la dite exploitation entre j^'[p^[^'^''J;Jj|_ 
 cux et les proprietaires, tant des terres fous lefquelles les dites mines ""oftheminei 
 feront ouvertes, que de celles fur lefquelles il fera fait; des prifes et o" thela°nTth«y 
 retenues d'eaux pour fcrvir ^ Texploitation des dites mines, foient }}jj}}^*j',"ft°' 
 jugees fommaircment et fans fraix par I'intendant de la Nouvelle«'°e'^»n»f"n•- 
 E e France, 
 
 ■'LS.i 
 
 m 
 
 
 M, 
 
 i ■ 
 
 I 
 
 
 U 
 
 Li 
 
 m 
 
 !l 
 
 * ■ M 
 
 I' 
 
 i 
 
 I'll. 
 
 
 • %■■, 
 
 
[ 2>8 ] 
 
 muy wiy by Francc ; ou en fon abfence par le commiflaire de la marine ordon- 
 
 the inuiidaator ,. r • n > • \ /v n 
 
 comminirycf natcuf 311 dit pays, que la majefte a commis et commet a cet efieci, 
 eh. marine, j^^^j. attribuant pour raifon de ce toute cour, jurifdi(5lion, et con- 
 noiflance en premiere inftance, (fauf Tappel au confeil de fa majefte,) 
 et icelle interdifant a toutcs fes cours et autres juges; permettant 
 au dit intendant ou commifTaire ordonnateur, de fubdelcguer fur 
 les lieux telles perfonnes qu'ils aviferont pour- faire Tinftrudion 
 del proces qui niitront a roccafion de I'ouverture des dites minest 
 
 The king will 
 ■Jvaiice to the 
 grantees a Aim 
 
 bf 100,000, 
 
 livres, includ- 
 ing about 
 41,000, advanc- 
 ed by him alrea- 
 dy; 
 
 the recfipt of 
 which 41, ooo 
 livre$ they have 
 aclinowledged 
 by a bond made 
 St Quebec the 
 i8th of Oftober 
 1750. 
 
 Et pour facilitcr aux dits ficurs Cugnet, TafchereaUt Olivier de 
 Fezah^ Simonnet, et Gamelin, les moyens de faire les eftabliflements 
 necefiaires, a I'exploitation des dites mines, fa majefte veut bien leur 
 faire I'avance qui leur eft n6ceffaire d'une fomme dc cent milles 
 livres, y comprife cclle dc quarantc deux milles, neuf centSj 
 foixantc et dix livres, fcize fols, neuf deniers, qui leur a 6te remife 
 de fes deniers pair Ic commis en Canada des treforiers genercux de la 
 marine, ainfi qu'ils I'ont reconnu par I'obligation qu'ils ont paflec 
 devant Pinguet et fon confrere, notaires, a Quebec le dit jour dix- 
 huit 0<ftobre, mille, fept cents, trente-fix, laquelle obligation fa 
 majefte a agreee et approuvee tant pour la dite fomme de quarante 
 deux milles, neuf cents, foixante-dix livres, feize fols, cinq deniers, 
 que pour celle de dix milles livres avancee pour le meme eftabliffe- 
 ment audit feu {\txiT Francheville, et du piycment de laquelle la 
 veuve Francheville et le dit fieur Poulin demeurent en confequencc 
 quittes et de'charges. 
 
 money fotd- ^^"* *' cntend fa majefte qu'ils faffent le rembourfemcnt des dites 
 v»nced by the avanccs en telle nature de payement qu'elle jugera a propos de r6gler, 
 ilwhimia'^'foit en fers provcnant des forges ou en argent; et ce dans trois 
 three ScM ann^es, a commencer le premier rembourfement dans le courant 
 yciriy dc Tanncc mille, fept cents, trente-neuf, et ainfi d'ann^e en annee 
 
 *^n™gran*tee« jufqu'au parfait payementj pour la feurete duquel ils feront tenus 
 Klkhigfo? dc pafler obligation au profit de fa majefte de ce qui refte ^ leur 
 *'*'n't"of7hereft^^^"^^'' J"^^"'^ concurrcncc de la dite fomme de cent milles livres, 
 of the 100,000 a fur et a mefurc que la remife en fera faire fur les ordres qui en feront 
 lhe7r«e[«r donnas par fa majeft^. 
 
 from the oliiccrs 
 
 renuc. ScroHt pareillemcnt tenus, fi fait n'a ^t^, de rembourfer a la dite 
 
 iLbJrfcthc"' veuve Francheville et au dit fieur Poulin les depenfes par eux faites, 
 onlirnfi'ncsthe ^u par Ic dit feu fieur Francheville^ pour I'exploitation des dites mines, 
 expencesthey ^ raifon dc Hntereft quils ont I'un et I'autre en la dite fociete 
 
 have mcurrej in * 
 
 working them i OU 
 
ordon- 
 t efFeA, 
 
 et con- 
 najefte,) 
 rmettant 
 guer fur 
 ftrudion 
 minest 
 
 ')Hvier de 
 iffements 
 bien leur 
 ;nt milles 
 uf cents, 
 ^te rernife 
 rtux de la 
 ont paflec 
 : jour dix- 
 ligation fa 
 B quarante 
 iq deniers, 
 '. eftablifie- 
 aquelle la 
 influence 
 
 It des dltes 
 de r6gler, 
 dans trois 
 le courant 
 
 en annee 
 ront tenus 
 ifte ^ leuc 
 illes livres, 
 
 i en feront 
 
 jr a la dite 
 
 leux faites, 
 
 lites mines, 
 
 lite fociete 
 
 da 
 
 Mauvice. 
 
 [ ai9 ] 
 
 du feize Janvier, mille, fcpt cents, trcnte-trolsj etdc paflcr aufli, fi fait '"J '^fv ft-u 
 n a ete, au dit I terre FQulm ct autres coproprietaires de la ditc, leig- thf,,, thcUiKni- 
 ncuric de Saint Maurice conti%&. de conltitution dc trois cent livres 'j^^^^'""'""' 
 de rente, rachctable a toujours et h principal de fix milles livres ponr 
 le prlx et I'acquifition de la ditc icigneuric. 
 
 Et fera le prefcnt arret enregitre au grefFe du confeil fupe'rieur de 
 Quebec. 
 
 Fait au confeil d'etat du rci, fa majefte y etant, tcnu a Verfailles, 
 le vingt deux Avril, mille, fept cents, trente-fept. 
 
 Signc- PHELIPPEAUX. 
 
 L'arret du confeil d'etat du roi, ci-devant et des autres parts tran- 
 fcrit, a ete enregitre (ouy ct ce requerrant le procureur general du 
 roi,) fuivant l'arret de cc jour Quebec ale vingt-fix Aouft, 1737. . 
 
 SigneDAINE. 
 
 Mr- Francis Stephen Cugnet, one of the grantees above-men- 
 tioned, was firft counfellor of the fuperiour council at Quebec, and 
 diredor of the king of France's revenue in Canada. After his 
 deceafe an inventory was made of the public papers in his cuftody 
 by Mr. Barolet, a notary, who is likewife fince dead. And this 
 Mr. Barolet's papers, and amongft others, this inventory of the pub- 
 lic papers, found in Mr. Cugnet's cuftody, are now in the hands of 
 Mr. Panet, the notary, who has been authorifed to take an account 
 of the papers of all notaries deceafing in the diftridt of Quebec. 
 In this inventory of the papers found in Mr. Cugnet's cuftody there 
 is the following palTage. 
 
 Jtenti un arret du confeil d'etat du roi du premier May, 1 743, fignc 
 par collation Varirit par lequcl le roi ordonne que I'eftabliftement 
 des forges avec les dependances fera et demeurera reuni a fon 
 domaine, pour en difpofer ainfi qu'elle avifera, &c : Enfuite du quel 
 eft I'exploit d'aflignation d'icelui fait, a la requete de Monfieur Varin» 
 commiflaire et controlleur de la marine, a mon dit feu ficur Cugnet 
 parrhuiflier PiloieU 23 Fevrier, 1744. 
 
 Mr.' 
 
 
 ■*'.■■ I 
 
 Ee 2 
 
 La 
 
 
i 
 
 m 
 
 ',* 
 
 ''If 
 
 [ 220 ] 
 
 La dite pi^ce cott^e, paraph^e, ct invcntoriec, fous Nc^jz, 
 
 cy 
 
 5a- 
 
 Item, unc ordonnance rendue par MeJJieu de Beauharmis et 
 Hocqiiartt gouvcrncur et intendant, Ic 15 Ofcjbre, 1741, et 21 du 
 dit mois et an, a I'occafion des forges, pour en drefler I'^tat. 
 
 La ditc pi^cc cottee, paraphee et inventorize, fous le No. 53, 
 cy - - ii^ 
 
 Itemy line HaiTe contenant vingt-cinq pieces d'ecriture, qui font 
 les litres du fief ct felgneurie de Saint Maurice. 
 
 Toutes Ics dites places cottees et paraph^es depuis la premiere 
 jufqu'a la derniere, et inventoriees fous les No. 58, &c. 
 
 Collationn^ ct vidim^ par nous, ecuycr, greffier, notaire, avocat, 
 et depofitaire des minutes des notaires deccdds dans le diftridt de 
 C^ebec, fur la minute originale du dit inventaire fus-datte refle aux 
 archives. En temoin dcquoi nous avons figne k Quebec le onze Avril, 
 mille, fept cents, foixantc-fept. 
 
 Signe PANET. 
 
 Thefe are the French inftruments relating to thefe iron works. 
 
 In 
 
 the year 1767 brigadier geneial Carleton, at that time lieutenant- 
 governour, nowgovernour in chief of the province of Quebec, being 
 defirous of having them repaired in a manner fit for ufe, of which 
 they flood in the greateft need, made a leafe of them for a term of 
 fixteen years, under the public feal of the province, to afet of gen- 
 tlemen at Quebec who undertook to repair them thoroughly and 
 deliver them up to the king at the end of that term in good con- 
 dition : and, in confideration of the great expence this would 
 neceflfarily put them to, he referved to the king only a fmall rent 
 of eighteen pounds, fifteen fliillings, a year. This leafe was as 
 follows. 
 
 NUMBER 
 
[ 
 
 221 
 
 ] 
 
 IS No.''52, 
 
 iharnois et 
 , et 21 du 
 
 le No. 53, 
 
 % qui font 
 a premiere 
 
 Hre, avocat, 
 
 diftria de 
 
 e refle aux 
 
 onze Avril^ 
 
 NET. 
 
 works. In 
 lieutenant- 
 ebcc, being 
 e, of which 
 r a term of 
 ifetof gen- 
 oughly and 
 1 good con- 
 this would 
 fmall rent 
 eafe was as 
 
 M B E R 
 
 NUMBER XXIX. 
 
 A Leafe of a Trad of Land near the Town of Three 
 Rivers, comprizing the Spot on which the Iron Works, 
 ufually known by the Name of 7^^ Forges of Saint 
 Maurice, are fituated, from the King to Mr. Chris- 
 topher Pelissier of Quebec, and Eight other Per- 
 fons, for a Term of Sixteen Years, with Liberty to 
 open and work the faid Iron Mines, or any other Iron 
 Mines they may find upon the Tra<a thereby demifed to 
 them, for their own Profit and Advantage, rendering 
 therefore to the King a yearly Rent of Eighteen Pounds, 
 Fifteen Shillings, of lawful Money of Great Britain. 
 
 GEORGE the THIRD, hy the Grace of God, of Great 
 Britain :nd the Territories thereunto belonging. King, Defender- 
 of the Faith, and fo forth j To all to whom thefe Prfents Jhall 
 comet fendetb Greeting : 
 
 \\7' H E R E A S it has been humbly reprefented to our trufty Pieamik 
 ' "^ and well-beloved Guy Carleton, our lieutenant-governour and 
 commander in chief of our province of Quebec in America, and 
 our council of the faid province, by Chrijlopher Veiffier and Alex- 
 ander Dumas, and other our faithful fubje(Sts in the faid province, 
 that divers advantages might be derived to our faid province by 
 working certain iron mines, belonging to us in right of our crown, 
 fituated in the faid province, near the town of Three Rivers in the 
 fame, and commonly known by the name of The Forges of Saint 
 Maurice ; and that they the faid Chrijlopher and Alexander, toge- 
 ther with certain other of our loving fubjedls, are willing and defirous 
 to undertake to work the faid mines, at their own rifque and ex- 
 pence, if we will grant to them a fufficient interefl in the profits 
 that may thence arife to induce them thereunto : 
 
 NOW 
 
 I 
 
 lit ^ 'H 
 
 
 
 
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 k^. 
 

 f 
 
 It 
 
 W 
 
 [ 
 
 222 
 
 ] 
 
 Lnfei 
 
 Leflsfi. 
 
 NOW KNOW YE that we, being willing to encoiingc To ufe- 
 ful and laudable ant undertaking, which will be attended with x 
 confidciable expcnce, as we are informed, to the undertakcij, ha\e, 
 of our efpecial grace, certain knowledge, and mere motion, i>r;intal 
 and demifed, and by thefc prefent letters ui:cii:r our pubhc fool 
 of our faid province of Quebec (made out and pafTcd under the 
 fnmc, by order of our trufty and well-beloved Guy Carleton, 
 Efquire, licutenant-governour and commander in chief of our f.tid 
 province, by and with the advice and confcnt of our council of tlic 
 fame) do grant and demife, for us, our heirs and fuccelfori;, unto 
 the faid Cfjrijhpher Pell/Jiert of the town of (Quebec, in our laid 
 province, TMerchant ; the (aid ^/exanJer Dumas, o{ tlie fame pi nee, 
 mtrchant; Thomas Duiifi, of the fame place, Efquire, one of the 
 members of our council of the faid province; Benjamin Pru:c, of 
 Montreal in the province aforefaid, Efquire, alfo one of the mem- 
 bers of our council aforefaid ; Colin DriwmwnJ, of the town of 
 Quebec, Efquire ; Dumas Saint Martin, of Montreal in the province 
 aforefaid, Efquire, one of our juftices afligned to keep the peace in 
 the faid province ; George yHJop, of the town of Quebec, in the 
 province aforefaid, merchant ; "james Johfijlon, of the fame place, 
 merchant ; and Brcok Watfon, of London in our kingdom of Great 
 Britain, merchant ; a large tradt of land near the town of Trois 
 tTi*. uad ulfcd. Riiicres^ in our faid province of Quebec, containing the fpot in 
 which the iron mines ufually known by the name oi Les Forges de 
 Saint Maurice are fituated, and comprifing within it the fief and 
 feigniory of Saint Maurice, and other lands adjacent to, and con- 
 venient to be enjoyed with, the faid iron mines, and bounded bv the 
 following boundaries, to wit, on the north ulz^ by the river vvhich 
 falls into the river Saint Lawrence ^t the faid town of Trois Rivieres; 
 on the fouth fide by the lands of Mr. Tonnancour ; on the eaft fide 
 by the eaftern boundary of the faid feigniory of Saint Maurice \ and 
 on the weft fide by a line drawn parallel to the line joining the two 
 extremities of the weftern boundary of the faid feigniory of Saint 
 Maurice, and at the diftance of three leagues from it. 
 
 th 
 
 Il^bei^iium, 
 
 To have and to hold, enjoy and occupy the faid premifes here- 
 by demifed, to them the faid Chrijlopker Pelijiert Alexander 
 Dumas, Thomas Dunn, Benjamin Price, Colin Drummond, Du- 
 mas Saint Martin, George Alfop, 'James Johnjion, and Brook 
 Wat/on, their executors, adminiftrators, and affigns and the exe- 
 cutors, adminiftrators, and affigns of each of them, as tenants in 
 
 commoii 
 
ngc fo u fo- 
 lded with A 
 kcrj, ha\c, 
 an, i> ranted 
 public lenl 
 under the 
 ; Carletoii, 
 L/f our iiiid 
 ncil of ti.e 
 tllbrs, unto 
 n our laid 
 iunc pi nee, 
 LMie of" the 
 n Pru'c, ot' 
 the mcm- 
 le town of 
 he province 
 lie peace in 
 cc, in the 
 ame place, 
 m of Great 
 n of Troii 
 le fpot in 
 Forges de 
 le fief and 
 
 and con- 
 ded by the 
 iver which 
 RivUres ; 
 e eafl: fide 
 uricei and 
 g the two 
 
 of Saint 
 
 ifes here- 
 Alexander 
 mdy Du- 
 id Brook 
 
 the exe- 
 tenants in 
 
 common 
 
 [ 323 ] 
 
 common, and notas joint-tenants, for a term of fixteen years, from the 
 day of the date of thefe prefents to be fully compleat and ended ; 
 rendering and paying therefore unto us, our heirs and fucccfl*ors, the '^*'" '"^^*^> 
 yearly fum of twenty-five pounds of lawful money of our faid pro- 
 vince of Quebec, or eighteen pounds, fifteen (hillings, of lawful 
 money of Great Britain, by equal payments to be made in our faid 
 province of Quebec, at the fealls of Saint John the Baptift, Saint 
 Michael the Archangel, the nativity of our bltfled Saviour, and the 
 annunciation of the Virgin Mary, to the receiver-general of our 
 revenue in our faid province, or in cafe of the abfence of our faid 
 receiver-general, to the deputy auditor of our faid revenue appointed 
 by the furveyor and auditor-general of our revenue arifing in our 
 plantations in America to infpedt and audit the accounts of our re« 
 venues arifing in our province aforefaid, or, in cafe of the abfence of 
 our faid receiver-general and the faid deputy-auditor from our faid 
 province, to our governour, lieutenant-governour, or commander in 
 chief of the faid province for the time being ; whereof the firft 
 payment fhall be made on the fead of Saint Michael the Archangel 
 next enfuing the day of the date of thefe prefents. 
 
 Provided always that, if at any time the faid rent, or any part !'"^'enronh"* 
 thereof, (hall be behind and unpaid during the fpace of a whole year «'"•"■■ one 
 after it (hall have become due, it (liall be lawful for us, our heirs* "'^ ''^' 
 and fucceflTors, o) our receiver-general of our revenue in our faid 
 province,, or the aforefaid deputy-auditor of the accounts of our laid 
 revenue, or our governour, lieutenant-governour, or other our com- 
 mander in chief of the faid province for the time being, in our behalf, 
 to re-enter into the faid premifes, and all the faid leffees, their exe- 
 cutors, adminiftrators, and afligns, therefrom to expel and remove^ 
 and the faid premifes to icize again into our hands for our own im^ 
 mediate ufe, profit, anddifpofal, and likewife to feize and fell all the ^„7,^,"j '*'^* 
 utenfils, tools, (lock of iron, timber, and other goods, merchandizes, ^uods and dock 
 and eflfedts of all kinds, corn or hay, cut or uncut, that Ihall be found ZrcViS'oX 
 upon the faid demifed premifes, and them to fell or caufe to be fold, fp'oduceihe 
 and out of the money thereby produced to retam to our ufe the rent due 
 that fhall be fo due, together with all the charges of making the faid 
 feizure and fale- 
 
 Tlie 'enees (h.U 
 
 Provided alfo, that the faid lefiees (hall put the buildings and pj|||'J^ ^^'Pjiij 
 vrorks already €re<5led on the faid premifes into good repair, buildings and 
 
 ■ __ J worki tipon the. 
 «"'* picmifcs. 
 
 
 1 ■■<,'< 
 
 IV; a 
 
 l""'" 
 
 ^ '-«» 
 
 sn 
 
 W 
 
 ' i. 
 
 *| 
 
 \ "^'^ 
 
 
 m 
 
 .r'-' 
 
 
 .■'■■I li'!< 
 
C «24 1 
 
 ,and (hall afterwards keep them in good repair during the whole 
 time of the faid leafej and (hall likewife preferve the utenfils 
 and tools that are now there, or replace them with others of equal 
 or fuperiour goodnefs; foas to deliver up the faid^premifes ct the ex- 
 piration of the faid term of fixteen years in as good a condit.or, witli 
 refpe(Sl to the number and goodnefs of the faid utenfils and tools, as 
 they are in at the day of the date of thefe prefents, or were on the 
 ninth day of March lad paft, according to a certain inventory of 
 them figned and acknowledged to be a true one by the ?.bove-men- 
 tioned Cbrijiopher Pelijjier on the faid ninth day of March laft, and 
 •which is annexed to the copy of thefe prefents remaining in the 
 hands of our receiver-general of our revenue for our faid province, 
 and with the buildings that are now ereded on the faid premifcs, 
 or that appear to have been (landing on the fame on the faid ninth 
 day of March laft in the inventory aforefaid, in a good condition of 
 repair. 
 
 Tower to cut 
 flown timber on 
 the premifcs : 
 
 anJ to dig and 
 work iron, and 
 diver* other, • 
 mines oa the 
 ftiHe. 
 
 - .'( *■/ . i 
 
 And for the better enabling the faid lefTces to carry on their in- 
 tended projed of working the faid iron mines, we do hereby give 
 and grant, for us, our heirs and fucceflbrs, unto them the faid leflees, 
 their executors, adminiftrators, and afligns, full power and authority 
 to cut down any trees that they Ihall find growing upon the faid 
 demifcd premifes, and to ered upon the faid premifcs any buildings 
 they (hall think proper, and to ufe and cultivate the furface of the 
 premifes in any manner they fliall judge to be moft for their advan- 
 tage, whether by feeding cattle thereon, or by fowirtg it with Com 
 of any kind, or any other ufeful feed or plant, or othcrwife howfoever; 
 and likewife to work the aforefaid iron mines, commonly known by 
 the name of the forges of Saint Maurice^ and difpofe of the produce 
 thereof to their own advantage ; and in like manner to open and 
 work any other iron mines they may find upon the faid premifes, and 
 any mines of lead, or tin, or copper, or coals, or any other metal or 
 foflil whatfoever, excepting only mines of gold and filver, and to dif- 
 pofe of the produce thereof to their own advantage, without paying to 
 us, our heirs and fucceflbrs, any part thereof, or any rent or profit 
 in lieu thereof, or any confideration whatfoever for the various ad- 
 vantages they may derive from the prefent demife of the premifes 
 aforefaid, excepting the annual rent aforefaid of twenty-five pounds 
 of lawful money of the province of Quebec, or eighteen pounds, 
 fifteen (hillings of lawful money of Great Britain j any right, due, or 
 claim, that might belong to us, our heirs and fucceffors, in right of 
 
 3 our 
 
our crown, either by the laws of that part of our kingdom of Great 
 Britain called England, or by the French laws and cuftoms that 
 prevailed in this our province of Quebec in the time of the French 
 government, or upon any other ground or pretence whatfoever, to 
 the contrary hereof in any wife notwithftanding. 
 
 ; r V V 
 
 ^s\.<*- 
 
 And we do hereby order and dired that a copy of thefe our letters 
 be made out and kept by our receiver-general of our revenue of 
 the faid province of Quebec, which fhall be- ilgned and fealed by 
 the leiTees above-mentioned in token of their acceptance of the pre- 
 fent grant and demife to them made, and their confent to perform the 
 conditions therein contained; and that another copy thereof diall 
 be made out and kept by the clerk of the inrollments of deeds in 
 our faid province, or his deputy, and preferved amongft the faid 
 inrollments. 
 
 L'tf 
 
 In witncfs whereof we have caufed thefe our letters to be mads 
 patent, and oar public feal for our faid province of Quebec to be 
 thereunto affixed, this ninth day of June in the feventh year of our 
 reign, and in the year of our Lord one thoufand^ feven hundred, 
 and iixty-feven. 
 
 Given at the cadle of Saint Lewis at Quebec in the province of 
 Quebec on the day and year aforefaid by die lieutenant-governour 
 and comthander in chief of the faid province by and wiih the ad- 
 vice and confent of the council of the fame. 
 
 ^L^ 
 
 *4-i. I) .A- 
 
 »s. % V • 
 
 i^i'i-* k^ 
 
 N. B, This mcafure of granting a leaie of thefe iron works to thefe 
 nine leilees ^as been attended with good confequences to his ma- 
 jefty's fervice. The buildings neceflary for carrying on thefe 
 works, which were before in a wretched condition, have been put 
 into excellent repair by the leiTees at the expence of more than 
 four thoufand, nve hundred, pounds flerling ; and a great quantity 
 of very good iron has been made. But I have been told that the 
 profits arifing from the fale of it have not anfwered the expeda- 
 tions of the undertakers, and have hardly even paid them their 
 
 expences. 
 
 
 J i/ 
 
 Ff 
 
 
 Befon 
 
 
 U 
 
 I 
 
 >{ I 
 
 K 
 
 
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 m 
 
 I. nil 
 
 \M 
 
 m 
 
 Mn 
 
 t^ 
 
 ' I! '" 
 
 
9l 
 
 ficusble. 
 
 I 226 ] 
 
 Before the foregoing Leafe was pajedy another Draught of a Leafe was 
 pre fared for the Perufal and Confideration of the Lieutenant-go^ 
 venoun containing the Privilege that had been granted l^ the French 
 King to the former Company of Adventurers j of working iron mines 
 on other Grounds that did not belong to the Crown. This Draught 
 wai as follows i v l-j ^m^ 
 
 ..I** 
 
 *l ^» v./lirf». 
 
 •A ». 
 
 A Draught of a Leaie of a TraO of Land near the Town of 
 Three Rivers, comprizing the Spot on which the Iroa Mines, 
 ufually known by the Name oiThe Forges of Saint Maurice, 
 are fitiiated, from the King to Mr. Ch rist oph er 
 Pelissier of Quebec, and Eight other PerConf. for a 
 Term of Sixteen Teat's, with Liberty to open and wqrk the 
 faid Iron Mines, or any other Iron Mines they 'may. ^^^d 
 upon the Tradt thereby demifed to them, for their own Pro- 
 fit and Advantage, rendering therefore to the, M^img a 
 yearly Rent of Eighteen Pounds, Filteen ShillingSi of lawful 
 Money of Great Britain. And a Grant of the Liberty 
 of opening and working any Iron Mines within another 
 Trad: of Country bounded differently from thefTra^ de^ 
 mifed to tbeni, and compriUng within it (bm,e Lands not 
 belonging to the Crown, but to private Proprietors* (o far as 
 the King has a Right to wprk, fiich Miies, or ^o grant to 
 others the Liberty qf , working, th§m» by,yirtufi.of|:hp jRefec- 
 vations made of all Mines and Minerals in the Original 
 Grants of tho(e Lands from the French King or his Pre- 
 dec^ffors, to the Pro]Hietor» of tbe fiud'Land8» or their Pre- 
 i deceflibrs, or otherwi(e*p -^ttihn^^^rc-j i^-sno ^9WJjJ»;ii tb»^i»iu« 
 
 XiEORGE the THIRDy by the Grace (f God, of ^feat 
 
 Britain and the Territories thereunto belongingt King^ Defender 
 
 , r „ of the Faith t and fo forth j To all to whom tbefe pr^t Letters 
 
 Jhall come, fendetb Greeting: V' t? jaiT^^^^-j ^jiti iiio )» {ttvviijy,i/. 
 
 »i; 
 
 :a .^i 
 
 XTTtHEREAS it has been hurhbly reprefcnted to our tmfty 
 
 ' ' and well-beloved Guy Carleton, our licutenant-govcrhouf and 
 
 commander in chief of our province of Quebec in America, and 
 
 ii\i, 
 
 • I n: , 
 
 • i.' (-'"v v" ^«vnt.»./ii. ;■.' 
 
 \\ '^^ our 
 
C 227 ] 
 
 a Leafe was 
 utenant-gO" 
 f the French 
 g iron mines 
 )is Draught 
 ■ i ■ 
 
 e Town of 
 ron Mines, 
 tt Maurice, 
 i T o> H E R 
 [pn?^ for a 
 i work the 
 
 r own Pro- 
 lei^iMO a 
 Si of lawful 
 he Liberty 
 lin another 
 fTraa de- 
 Lands not 
 rs»(o faras 
 to grant to 
 'jhp JRefei:- 
 e Original 
 >r his Pre- 
 theirPre- 
 
 r.Ltefender 
 tt Lifters 
 
 our trofty 
 /ernour and 
 lerica, and 
 our 
 
 our council of the faid province, bv Chrijiopber Velijfier and Alex* 
 an^er Dumas^ and others our faithful fubjedls in the faid province, 
 th|at divers advantages might be derived to our faid province by 
 working certain iron mines belonging to us in right of our crown, 
 filuated in the faid province, near the town oi Three Rivers in the 
 fame, and commonly known by the name of The Forges of Saint 
 Maurice ; and that they the faid Chrijiopber and Alexander, toge- 
 ther with certain other of our loving fubjedls, are willing and defirous 
 to undertake to work the faid mines at their own rifque and ex- 
 penc^, if we will grant to them a fuificient interefl in the pEofit« 
 that may ^enc<; arife to induce them thereunto : . . 
 
 , NOW KNOW YE that we, being willing to encourage fo ufe- l.«>fc 
 fuljind laudable an undertaking, which will be attended with a 
 con0derable expence, as we are informed, to the undertakers, have, 
 or our efpecial grace, certain knowledge, and mere motion, granted 
 and demifed, and by thefe prefent letters under our public feal 
 of our faid province of Quebec (made out and pafTed under the 
 fame^ .by ,>rder of our truily and well-beloved Guy Carleton, 
 Efquire, Ir- m int-goVernour and commander in chief of our faid 
 proviace* ' y '^ ^d with the advice and confent of our council of the 
 fame) do grant and demife, for us, our heirs and fucceffors, unto 
 the iud Cbrjfiopber Pelj^ert of the town of Quebec, in our faidNtmetofthe 
 province, mercbanf ; the faid Alexander Dumas, of the fame place, ^°''"'"* 
 mircbant j, l^b^mas Dunn, of the fame place, Efquire, one of the 
 members of our council of the faid province ; Benjamin Price, of 
 Montreal in the province aforefaid, Efquire, alfo one of the mem- 
 btrs of ouF council aforefaid } Colin Drummond, of the town of 
 Qgebec^ £fquire}i!i)«/yMUiS<»/f^M<ar/(>7, of Montreal in the province 
 aforefaid, Efquire^ one of our juftices afligned to keep the peace in 
 the faid province j George Alfop, of the town of Quebec, in the 
 province aforefaid, mercbanii j^tmes Jobnjion, of the fame place, . 
 merchant; and Brook JVatJon, of London in our kingdom of Great 
 Britfiir), merchant j a latge traA of land near the iown of Tro/xDH-eriptionof 
 Bivi&es, in our faid province of Quebec, containing the fpot in ''- »»'"**'««•• 
 which the iron mines ufually k^o^n by the name of Les Forges de 
 Smnf Maurice ace < fituated, and; oomprifing within it the fief and 
 feigniory of Saint Maurice^ Aad other lands adjacent to, and con- 
 v^iieot 10 be enjoyed ivitbi the /aid iron mines, and bounded by the 
 fplloitviog boundaries, to wit, on the north fide, by the river which 
 
 V Ff» falls 
 
 Mill 
 
 m" 
 
 
 i 
 
 11 
 
 
 1 
 
 
 il 
 
 
 
 j , .'(^ 
 
 '*»» 
 
 t 
 
 1^' 
 
 il 
 
 •: i 
 
 '■i 
 

 I(iV«iu!um. 
 
 M 
 
 I 
 
 f 22S ] 
 
 falls into the river Saint Lawrence 2X the faid town of Trots Rivi'iTres; 
 on the fouth fide by the lands of Mr. Tonnancour ; on the eaft fide 
 by the caftern boundary of the faid feigniory of Saint Mauri cei and 
 on the weft fide by a line drawn parallel to the line joining the two 
 extremities of the wcftern boundary of the faid feigniory of vStf;)?/' 
 Maurice^ and at the diftance of three leagues from it. '^^'^i- ujcj ot;;.- 
 
 To have and to hold, enjoy and occupy the faid premifes' nere- 
 by demifcd, to them the faid Chrijiopher PeliJJier, Alexander 
 Dumas, 'Thomas Dunn, Benjamin Price, Colin Drummohd,' Du-* 
 mas Saint Martin, George Alfop, yames Johnjlon^ and Brook 
 Watjbn, their executors, adminiftrators, and afligns, and the exe- 
 cutors, adminiftrators, and afiigns of each of them, as tenants' 7n 
 common, and not as joint-tenants, for a term of fixteen yi^afs, frcim the 
 day of the date of thefe prefents to be fully compleat and ended; 
 Rent referred, rendering and paying therefore unto us, our heirs and fttcteflbrs, the 
 yearly fum of twenty-five pounds of lawful money of our faid pro- 
 vince of Quebec, or eighteen pounds, fifteen (hillings, of XivtivX 
 money of Great Britain, by equal payrhents to be made in onr faid 
 province of Quebec, at the feafts of Saint John the Baptift,- Sftitit 
 Michael the Archangel, the nativity oif our bleffed Saviour, and th6 
 annunciation of the Virgin Mary, to the receiver-general of o\xt 
 revenue in our faid province, or in cafe of the abfence of our faid 
 receiver-general, to the deputy-auditorof our faid revenue appointed 
 by the furveyor and auditor-general of our revenue arifing iii t^xt 
 plantations in America to iiifpe£t and audit the accounts of our irt- 
 venues arifing in our province aforefaid, or, in cdfe of the abfence of 
 both the receiver-general and the faid deputy-auditor from our faid 
 province, to our governour, lieutenant-governour, or commandiir'it^ 
 chief of the faid province for the time being j whereof theifirft 
 payhient ihall be made on the feaft of S^int Michael the Arch^gel 
 next enftiing the day of the date of thefe prefents. ^ -i vj .. vuvtyi 
 
 Remedy forth* Providcd always that, if at any' time the faid tent,' or 'any pait 
 "(^*Jaim«t of thereof, fliall be behind and unpiid during the fpace of a wholeyctfir 
 after . it fhall have become du^, it fliall be lawful for us, oUr heii« ' 
 and fucceiTors, or our receivef-geDeral of our irevenue in our faid 
 province, or the aforefaid depUty^auditor of the accounts of outlaid 
 revenue, or our governour, lieutenant'-govemour; or other oUr com* 
 mander in chief of the faid province for the time being, in our belvalf, 
 
 I. \ ; to 
 
 (CDt 
 
hi»? 
 
 Hi :}itf.V.iSiU 
 
 '''H Jo^viiWOl 
 
 [ 2^9 ] 
 
 i 
 
 to re-enter into the faid premifes, and all the faid leffees, their exe- 
 cutors, adminiftrators, and affigns, therefrom to expel and remove, 
 and the faid premifes to feize again into our hands for our own im- 
 mediate ufe, profit, and difpofaj, and likewife to feize and fell all the 
 utenfils, tools, ftock of iron, timber^ and other goods, mcrch mdizes, 
 and efFeifls of all kinds, corn and hay, cut and uncut, that (hall be found 
 upon the faid demifed premifes, and them to fell or caufe to be fold, 
 aixdout of the money thereby produced to retain to our ule the rent 
 that iliaU be fo due, together with all the charges of making the faid 
 fqig^re gud/^e^ ., , .• : ... ' 
 
 provided alfo, that the laid leflees fliall put the buildings and 
 works already ere£ted on the faid premifes into good repair,. 
 and (hail afterwards keep them in good repair during the whole 
 titpe of the faid leafe; and fhall likewife ;preferve. the utenfjls 
 and tools that are now there, or replace them with others of cqunl 
 or foppripur goodncfsj.fo, as to deliver up the faid premifes at the ex- 
 pi^i^tion pf the faid term of fixteen years in 9s good a condition, with 
 refpe^to the number .andgQodnefs of the faid utenfils and tools, as 
 they are in at the day of the date of thefeprefents, or were in on the 
 math, day of March lafl paft, according^ to a certain inventory of 
 them fignjed and acknowledged to be a true one by the above-men- 
 tioned Cbrijiopber Pelijier on the faid ninth day of March lafl, and 
 which is annexed to the copy of thefe prefents remaining in the 
 ha,nds.of Qur rQceiyer-rgeneral df our revenue for our faid province, . 
 and with the buildings that are now ereded on the faid premifes, 
 or. that appear to have been ftanding on the fame on the faid ninth 
 day of March lafl in the inventory aforefaid» in a good condition of 
 
 And for the betten en^hlwg the faid leflees to carry on their in- poww 
 tended projedt of working tjip faid iron mines, we do hereby give the"" """ 
 
 Provlfoe, that 
 the IclR-cs Hull 
 put the Iniild- 
 inns on the [hc- 
 milis hereby 
 JeinillM ints 
 gopil repair, and 
 keep tlicni lb 
 Jiiring the 
 whole term. 
 
 to cut- 
 
 faid 
 
 prt- 
 
 andgrant, for us, our heirs ,and fuccefrprs,.unto them the faid leflees, J,"})^';^^^^^^ 
 their executors, adminiArators,. and afBgns, full power and authority °iu! enjoy [h«m.. 
 to cut down any trees that .they fhall find growing i^)on the faid 
 demifed premifes,, and to;ere£l upcin the faid, premifes any buildings < 
 they fhall thinlf proper, and to i}fe and cultivate the furface of the 
 premifes in any mannier th^yil^all judge to be mofl for their advan> 
 tage, whether by feeding cattle thereon,, or by fowins it with corn 
 
 otherwife howfoever ; 
 
 any kinjd» or an^f other nfeful fcjed or plant 
 
 Si 
 
 •ii;; 
 
 [':■ 
 
 !.f 
 
 
 
 :] 
 
 I' 
 
 
 '4 
 
 
 
 and 
 
 
[ 230 J ] 
 
 
 and likewilc to work tlic aforcfaid iron mines, commonly known by 
 the name of The Forces of Saint Maurice, and difpofe of the produce 
 thereof to their own advantage ; and in like manner to open and 
 work any other iron mines they may find upon the faid premifes, and 
 any mines of lead, or tin, or copper, or coals, or any other metal or 
 fofUl whatfoever, excepting only mines of gold and lUver, and to dif- - 
 pofe of the produce thereof to their own advantage, without paying to 
 us, our heirs or fucceflbrs, any part thereof, or any rent or profit 
 in lieu thereof, or any condderaHion whatfoever for the various ad- 
 vantages tliey may derive from the prefent demife of the premifes- 
 aforelaid, excepting the annual rent aforefaid of twenty-five pounds 
 of lawful money of the province of Quebec, or eighteen pounds, 
 fifteen fhillings of lawful money of Great Britain ; any right, due^or f 
 claim that mi^ht oelong to us, our heirs and fuccefTors, in right of^ 
 our crown, either by the laws Of that part of our kingdom of Great ' 
 Britain called England, or by the French laws and cuAonis that - 
 prevail^} in this our province of Quebec in the time of the Frencli n 
 government, or upon any other ground or pretence whatfoever, to^t' 
 the contrary hereof in any-wife notwithflanding. ^»i;<^ "^^ ^orirrdHri' 
 
 And whereas by the feveral grants made of land in our fi^id pro«M{! 
 vlnce of Quebec by our predeceiTors in (he poflefiion of the faid pro*; 
 vince, the French kings, a refervatiOnVas made to the faid French^' 
 kings of the mines that fhould be found in the lands fo granted j^\' 
 which referVation, together with all the other rights and pofieffionfir^) 
 of the French king in the faid province of Quebec, hath been4 
 transferred to us by the conqucft which, by the blefiing of Al-tt 
 mighty God upon our ahns, we have made of the faid province, an4 ; 
 tlieceflion thereof made to us by the faid French king by the defini-to 
 tive treaty of peace concluded at Paris in the year of our Lord on^ 
 thoufand, f^Ven' Hundred, and fixty-three, and doth now lawfully-. 
 belong to us, in right of our crOwn of Great Britain : and by virtucif,' 
 of the faid referVation we have a juft and manifeft right either tcH'r 
 caufe any mines that may be found in any fuch granted lands to be 
 wrought for oor benefit and advantage, or to impower any of our r 
 fuhjeas Vo work them upon fuch terms and conditions as we QfizXU 
 rhfiie "to*'^^'^^ proper; ind whereas the faid French king, our predecefior ia-'^-* 
 thcVorm»com'^ the pofTefiion of thils ptovince, did,, by a .certain order. made in his 
 StnlVfe* council of ftate at Verfailles in the month of April in the year of ouTr-' 
 n.incs, madebyLQjjj Qjjg thoufand, fc^eA huodred^ and thirty-feven, exercife this 
 
 ihr Hrench king ' ' / ' ' ^ 
 
 inthtryiariTJ?. 2 "ght 
 
 Bight of the 
 I'rcnch king to 
 all die mines 
 tliat flioiild be 
 found in tlie 
 hnds granted 
 by him in this 
 province. 
 
 TriTisfer of the 
 faiJ right to the 
 king of Great 
 Britain by the 
 conqucft and 
 eclTion of the 
 province. 
 
 Grant 
 
 tain privilege to 
 
lown by 
 produce 
 pen and 
 ifes, and 
 metal or 
 J to dif- 
 aying to 
 or profit 
 ious ad- 
 premifes 
 t pounds 
 pounds, 
 , ducyor- 
 right of 
 of Great 
 >fns that 
 5 French 
 sever, to 
 
 faid pro«i> 
 faid pro- 
 French 
 ranted ; 
 (TefHonfr 
 th been 
 of Al- 
 nce, and 
 e defini-t ) 
 lOrd one . 
 lawfully . 
 y virtu© -^r 
 ther to^ ; 
 ds to be f 
 of our TV' 
 we (baU>. 
 ceiTor in 
 e in his ^ 
 r of ourvJ 
 cifc this ■■■ 
 right 
 
 kttici. 
 
 [ ^31 !l 
 
 right In favour of a company of adventurers coniifting of the five 
 pcrfons following, to wit, the fieurs Francis Sitephen Cugnet, Peter 
 Francis Olivier de Vezain, James Simonnet, Ignatius Gamelint and 
 Thmas James Tafchereau, who at that time undertook to work the 
 aforefaid iron mines called Les Forges de Saint Maurice^ and did by 
 the faid order grant unto the faid perfons, their heirs and ailigns, 
 for a term of twenty years, the liberty or privilege of opening and 
 working any iron mines that they might find within the trad of 
 country that extends from the feigniory of Tamachiche to the feig- 
 niory of theCtf;^^ a 't M "irtCy including both '*"''« feigniories, in 
 whojfe lands foever luch ir mines might happ.i to lie, with the 
 right of ticking ufe of any rivers or flreams of water on the faid 
 litnds; and fidpping them in order to make bodies and refervoirs of 
 wattir for the ptit-pofe of working the faid iron mines i. ;. ^^ tkn\'i 
 
 'iNOW KNOW YE that we, for the greater encouragement of j;*,"^^^^!; J;;;'- 
 the leflees aforefaid in their laudable undertaking, v/hich we are the pnrcut 
 p^fuaded will prove highly beneficial to the inhabitants of our faid 
 province of Quebec, and of our fpecial grace, hiere motion, and 
 certain knowledge, have given and granted, and by thefe prefent 
 letters do 'give and grant unto the aforefaid Chrijiopher Pelijjiery 
 AUxtmdh^lDnmos^ T&omas Dunn, Benjamin Price, Coltn JOrummond* 
 Dumas Saint Martin, George Alfop, James Jobnjion, and Brook 
 Watfon, .their executors, adminiftrators, .and afligr\s, and the exe- 
 cAtofei^ adisiiniftniftbrs, and affigns of each of them* to be enjoyed 
 b^them as tenants in common, iand not as joint-tenants, a power 
 andliberty of opening and vvbrking any iron mines they may find 
 within the afbrciaidtradl of country,' extending from the feigniory 
 l^i Tamachiche Ka^t{t\%Vi\civj of \ht Cape de la Madeleiney and in- 
 '"eliding both thoffe fcigniories, in whofc lands foever the faid iron 
 mirtes hisiy happlin to be, and of taking and flopping and otherwife 
 vS\i\^ ahy rivers arid ftteatns of water which they may find within, 
 the aforefaid trad of country, for the purpofe of carrying on the 
 bufinefs of the faid iron mines, for and . during the term aforefaid. 
 of fixteen years, frorti the date of thefe prefents, during which the 
 demife aforefaid is to coritinufe, 6r,|f the faid demifc fhall be de- 
 terihinfed' foonct than by the e^pii"dti6n of the faid fixtecn years, then, 
 •and in fuch eafe for and during the corttinuance of the faid demife,, 
 and until the faid earlier determination thereof.. - , 
 
 To.. 
 
 ,■ ■♦,5»,' 
 
 1 
 
 
 m 
 
 % 
 
 
 m 
 
 
 -!.'Hli 
 
 •'■■'14 
 
 
 
 k \ 
 
ikteji.; 
 
 Jiii:^^ 
 
 X n^ ] 
 
 Mibcndum of 
 
 this privilf^c or 
 power. 
 
 .Copies to be 
 maJe and kept 
 ot there Icttert 
 patent. 
 
 To have, ufe, exerclfc, and enjqy the -faid power and liberty 
 during tlie Taid time in as full and ample a manper as the faid five un- 
 .dertakers, in the year o.f^ our lord one thoufand, feven hundred* and 
 .thirty-fcven, lawfully did,,o^lf^!(rf^lly ipigh^, ufe, enjoy^ andexercife 
 ihe lame liberty by vhtue. of the faid order of the king of France in 
 the faid year, without paying any. rpnt. or cpnfideration whatfoever 
 for the faid liberty of working the f;^id iron mines, or fpr the ufe of 
 the faid rivers aiid flreams of wa^r to. the owners of the lands in 
 which the faid mines o|- the faid rivers and ftreams of water are 
 .{ituated, unlefs where the cultivated grounds of the faid owners of 
 thofe lands are thereby hurt and damaged (and in that cale the faid 
 grantees (hall pay the faid ownei's of the land a reafonable compen- 
 Xation for the adtual damage , thereby done to their (kid cultivated 
 grounds, and nothing more) y and without paying to U8« our heir^, 
 or fucceiTors, any rent or payment whatfoever, or any ihare of the 
 produce of the faid mines, or of the profit thence arifing, in conii- 
 deration of our prefent grant of this power and liberty. But they 
 ihall only pay the yearly rent aforefaid of eighteen pounds, fifteen 
 (hillings, of lawful money of Great Britain unto us, our heirs and 
 '■ Xuccefiors, in confideration of the demife of the premiies in thefe 
 letters firfl above-mentioned, and not in confideration of this addi- 
 tional power and liberty, that by the latter part of thefe our letters 
 we have juft now granted unto them. . ^ ,.;,,. , <,,^ 
 
 And we do hereby order and dire6: that a copy of thefe our let- 
 ters be made out and kept by our receiyerrgeneral of our revenue 
 of the faid province of Quebec, which (hall be figned and fealed by 
 the lefiees above-mentioned in token pf their acceptance of the pre- 
 fent grant and demife to t)ien)i made and their confent to pertorqA 
 the conditions therein contained ; and that another copy thereof 
 ihall be made out and kept by the chrk of the inroUments of deeds 
 in our faid province, or his deputy, and preferved amongft the faid 
 inrollments. , . ,, ., , .,, 
 
 In witnefs whereof we have caufed thefe our letters to be made 
 patent, and our public feal for pur faid province of Quebec to be 
 thereunto affixed, this ninth of June, in the feventh year of 
 our reign, and in the year of Pur Lordpne thoufand, feven hundred, 
 and fixty-fcven. .r^rt, 
 
 Given 
 
 >.^'i>.l£.:.!i^ 
 
C 931 ] 
 
 Given at the caftle of Saint Lewis at Quebec in the province of 
 Quebec on the'dajr iind yrar aforefaid by^e Ueutenant-eovernour 
 aiw commander in chief oithe'lTaid 'province by and with the ad- 
 vice an4 confent of the council of the fame. 
 
 N. B. This ieafejh^ QOt, ^een niade, but was,pnly propofed by the 
 
 ^lefl^ds-w'thewuteHant-gcfv^rrtbiif and cbuncil, in ca(i they had 
 
 jjll^l^n 'inclined to grartt. thetn .t^e fanie, privileges as were 'enjoyed 
 
 by the former adventurers by virtue of the aforefaid prder of the 
 
 king of France in council, dated the twenty-fecond of April one 
 
 thoufand, feven hundced, and thirty-feven. 
 
 .t :■-■<■"■ ill {■' •' • =', ■ I ^ ■ ; '. ;f:,:! J ^''J ' ■ i. , /. >; ii-..: ,.. iit .. ;.; 
 ''Jo' m-ff-jsr^l^vi/do iil.io-s.'bf'^riincpiut* iitft '^6 v:fhMtsittAir^^'!x<'l9'* 
 
 -<)»••/ v4ll|i'l;f/1«d »rd'iriO*»!9tl;kr|'vhr//fili';v.;5Hlfitlcliifr:ttif .t^dJltivt HTfili ! 
 
 *i»'j '♦ >U jKHifii-^i n: :;;|it;i r/oiiji vH-^y 't> r.3?r:fTiiinf/;;f^jferco Jvifho iq^rj 
 ^i\> svti r-'jj>io«<4 bra •,rA\Ticws'Ji?:fUi:i.'mi'^ ^notoiq. iwojid loi^^jriflli.. 
 
 ,v,\'V 
 
 ¥«l.^^^t^,H*«vi'^^niiiV'-^*-' VUff-l-^t^V'^VA <<**<"l'5.V3i?^'V< Xi.»?«vmai^ijii \jrd^\ ^^^ 
 
 rA** 
 
 
 ■4 
 
 ■ 'lii 
 
 
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f «34 J 
 
 11 :i.i 
 
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 yii 
 
 ■1 ('. 
 
 -{!- 
 
 U M B E R XXX. 
 
 l^jfr- f»- '.ih u 
 
 if ;. M < 
 
 A Remark on the ill Confequences ariung from tde too 
 
 I great Subdivifloh of the Lots of Land belonging to the 
 
 ' Freeholders of Canada, by repeated Partitions cithern 
 
 upon Inheritances. .; .; :. . - ,.;>!;, li vjf ai < '^ r^ f 
 
 ,. .J ,^, »- ^-' 1 .' • *-'<ii .3vj- -.i"... I« 4' /?yV". ii .,<• JC .1^ 
 
 THE importance of thefe ill confequences in the judgement of 
 the Canadians, who bed underftand the condition of the pro- 
 vince, will appear from the following paiTage of a (hort preface pre- 
 fixed to an abflra£t of the laws of police that prevailed in the pro- 
 vince of Quebec in the time of the French government, made by 
 a fet of Canadian gentlemen of great knowledge and abilities at the 
 defire of his excellency governour Carkton, and brought over by 
 the faid governour for the perafal of his majefly*s minifters. 
 
 L' inobfervation de quelques unes des loix de police depuis neufou dix 
 arts a dija fait des torts confid^rables au defrichement des terres : et, 
 fans vouloir entrer dans aucun ditail^ on pourroit ajj'urer que Vinexi'- 
 cutionfeule de V arret du confeil ditat du 2% Avril ly^^t eji une des 
 principales caufes de la difette que not' iprouvons depuis quelque temps, 
 Cet arret dijfend aux /habitants de ietablir fur moins de terre qiiun 
 arpent et demi de front fur trente ou quarante de profondeur. II a iti 
 rendu fur ce que les enfunts, en pariageant les biens de leurs pSres^ 
 fitablijfoient chacun fur une portion de la meme terre infujifante pour 
 les fair e fubfjier : ce qui nuijoit dgalement a la fubfijf nee des villes et 
 au defrichement des terres. Le gouvernement precedent avoitjugi ce point 
 f important qtiilfaifoit dimolir les maifons-conjiruites contre la difpoftion 
 de cet arr^t. dependant aujourdhui rien deji commun que cajortes 
 Jt itabliffements. 
 
 This pafTage is inferred as a confirmation of the remark made upon 
 this fubjedt in the above draught of an intended report. No. I. 
 Page 12, and in the opinion of the attorney -general concerning the 
 governour's report, No. II. Page 55, where it is fuggefted that a 
 
 change 
 

 he too 
 to the 
 ffhem 
 
 nent of 
 he pro- 
 ice pre- 
 ;he pro- 
 nade by 
 :s at the 
 over by 
 
 I. 
 
 oudix 
 ■res: et^ 
 rinexJ- 
 une det 
 
 temps, 
 re quun 
 
 Haiti 
 ^s pires^ 
 nte pour 
 villes et 
 ce point 
 tfpofition 
 esjortes 
 
 de upon 
 No. I. 
 
 ling the 
 that a 
 change 
 
 C 235 ] 
 
 change in the latvs of inheritance in that province may probably 
 become expedient in fome time hence, in order to avoid the incon- 
 veniences therein alluded to and complained of in the foregoing 
 French paffage. . ..,. ..^._.. „ , r^ u; ^.u , f. . 
 ii. . 
 
 The law of inheritance, which the faid attorney-general conceives 
 would be moft beneficial to the province, may be exprefTed as 
 follows : 
 
 'M 
 
 
 .3 
 
 If there be only one piecei or lot, of land, that is holden by TheUwofJn- 
 only one original deed of grant from the lord of whom it is holden, Kuoniy S 
 (whether the faid piece of land be holden of the king, or of any |°' ?^''"<'> 
 other lord, and whether it be holden by fealty and homage, as the orVn"i l^ToS 
 feigniorics and fiefs in the faid province, or by rent-fervice, or any ^"JrimoilS'. 
 other tenure whattfoevcir) ; and the perfon fo dyin^ inteilate, leaves ("^e. 
 either one fon, and one or more daughters, or feveral fons, and 
 feveral daughters, the faid piece, or lot of land, (hall defcend to 
 fuch only, or eldeft, fon alone, to the exclufion of all the other fohs 
 and daughters, agreeably to the law of England. 
 
 liitUt i^il^i \u 
 
 And if there be no fons, but only daughters, the faid piece or 
 lot of land ihall defcend to the eldeft daughter alone, to the exclu- 
 fion of all the other daughters, notwithftanding that in this cafe the 
 law of Enr^larid would diredt an equal partition to be made therejf 
 atnongft all the daughters. And the reafon hereof is, that great 
 inconveniences have been already found, and more are likely to 
 arife in the faid province, from the too great fubdivifion of thefe oii- 
 ginal lots of land, by repeated partitions thereof amongft the co- 
 heirs and coheirefles of their lafl owners { the faid lots of land 
 being for Ihe mofl part, in their firfl eftablifhment by the grants 
 of the lords of whom they are holden, made only of fuch a mode- 
 rate extent and magnitude, as is beft adapted to the convenient ' , 
 maintenance of the inhabitants of the faid province, and the in- 
 creafe of it's cultivation. >• - .... ...•'• - - 
 
 But if there be two or more pieces or lots of land, holden by Law of i»heti. 
 two or more feparate original deeds of grant, whether they arelherearetwoor 
 holden of the fame, or of different lords, and there be feveral chil- "n",|°i'jen^ 
 dren of the perfon fo dying intedate, they fhall not in this cafe all ^i Jjfferent ori- 
 go to the eldeft fon, or daughter, to the exclufion of all the others, gr'^t. " '°^ 
 
 Gg 2 as 
 
 
 m 
 
 J! il 
 
 k 
 
 V 
 
 
 
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 11 
 
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 1 
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 '.111 
 
 ' -••ill 
 
 ■•'''111 
 
 1^' 
 
 "it 
 
 % 
 
 J. 
 
 I 1 
 
n i;.<' ...■ 
 
 -.1 IISI.' .. 
 
 t «36 ] 
 
 a( in the former cafe, but (hall be diflributed in feparate original 
 lots to all, or fcvcral of the faid children, according to the follow- 
 ing rules, i.. i. i- . .. I -. . ... 
 
 ■7- " If the number of the feveral diftindl original lots of land, holdca 
 by different original deeds of grant, is equal to the number of chil- 
 dren of the inteidate, each c-hild (hall have one lot, the elded fun 
 chufing the firfl lot, then the fecond fon chufing another, . then the 
 third a third, and fo on, till all the fons Hiall have chofen their 
 feveral lots; and then the daughters (hall chufe the remaining 
 lots in the fame manner, every elder daughter chufmg before the 
 younger* ,-^u 
 
 /l . i, I i 
 
 r Jl ,£Oi.*(JC». k 1^ <it)>1{»rj'-.«'*if)»4«' 
 
 
 * 'If the number of lots of. land isr fmaller than that 6f the children, 
 the eldeft fon ihali chufe lonc lot^! cheD;tbe ifecond fon another, and 
 fo on, through the feveral fons in order of their feniority, and after- 
 wards through the elders of the daughters, till all the lots are ex* 
 .hauftedij' and the remaining: fons or daughters, ^fter all the faid 
 lots of land (hall be thus exhaufted^ ihall^have ^o (hare or intcrcft 
 whatfoever in the faid lands, -in- t i -, t • r 
 wv^/M'1 M}3 uM j.T».ii; vit' ■. .in- ^. .1 »A4«j* Qfl ,;»^',»'n./.'i'i'. . . ,'. 
 .- If thenttiaiber of lots of land Is'creiter than that bf the children, 
 the remaining lots, after each of the fons and daughters (hall have 
 chofen one, (hall be diftributed among the faid childiren a fecond 
 time in thq fame manner as before, the <fons chufing i before the 
 daughters, and the elders of each fex before the yoimger of the 
 fanie fex; and fo for a third and' fourth ttime, or oftener, until all 
 the faid lots Oiall be exhauded. ,,. .j i 
 
 firand-chiMren Aud if thcrc arc both children and grand-children of the perfon 
 the (}f««of"'fo dying inteft ate, the grand-children (hall reprefent their refpedive 
 their dwaftd^^ parcnts, and fucceed to* the knds of fuch inteftate in their (lead; 
 each fet of grand-children taking that part of the faid lands which 
 their deceafed father or mother would nave taken if they had been 
 •; living at the death of fuch inteftate. And the faid part of the faid 
 i'r..i lands (hall defcend: among the faid grand-children in the fame man- 
 'J,] ner and order of fucceflion and diftribution as if their father or mother 
 had firft out-lived the faid inteftate, and fucceeded to the faid part, 
 and then died immediately after him. And the fame rule of repre- 
 ... >: '. , ...J. ■:', ..-•c'li^: , ,; ». ' t; fentation 
 
 .>t >'!' .'1 ' 
 
 f arents I 
 
 of reprefeiita- 
 
 ti»D. 
 
 
 nr.' 
 
[ 237 ] 
 
 fcntatlon (hall take place with refpedl to great grand-children, and 
 other more remote dcfcendants of the perfon fo dying inteflate. 
 
 And if there are no children, or grand-children, or other more rndofauu of 
 remote defendants of the perfon foi dying intcftate, but his father isfhl^;;tn'.iy!j,. 
 alive, his father fliall inherit all his lands ; and if the father be dedd, ''^'/J^;'|';J^';^^^ 
 but the mother be living at the death of fuch inteflate, his mother h«ritiiis Una'i. 
 fhall inherit them; any cuftom or law of England to the contrary 
 hereof in any-wife notwithftanding. '* '• • •• 
 
 'I'll 
 
 't'I 
 
 !»! ' 
 
 .A, ;/<■ 
 
 And if there be no children, or grand-children, or other more 
 remote defcendatits of the perfon lo dying inteftate, living at liic 
 time of bis death, and his father and mother are Itkewife dead be- 
 fore the faid tirtie, the brothers and fitters of the fa'd inteftaie (hdi 
 fucceed to his faid lands in the fame manner and order of fuccclion 
 and diAribution as his fons and daughters would have fucceeJf^ii to 
 the fame, if hft had left any. And if fomc of the brothers and 
 fitters of the faid iiitettate (hall be dead, and have left childi^n, or 
 grand-children i or otiier more remote dcfcendants who (hall be livinr^ 
 at the time of the death of the faid inteftate, thefe children, or grands- 
 children, or other more remote dcfcendants, fliall fucceed i-^ rheir 
 ancettor's (hare of the lands of thfe faid intettate by right f rcpre- 
 fcntation, in the fame manner as the grand-children, or other de- 
 fcendants of the inteftate himfelf arc appointed to fucceed to their 
 ancettor's (hare of the lands of fuch intettate in the cafe of a dire<5t 
 lineal defcent.. 
 
 In the next 
 
 ['I ice, thr hnw 
 thci'ii anil fiftrii 
 of iht iiitcllatc, 
 i>nd tl'cir Jc- 
 rcciui..iiti, liuU 
 I'agcccJ tr> tUetiv. 
 
 ^I ')! 
 
 .rlij.Ut 
 
 <ih \ 
 
 Mk '-^ 
 
 And if there are no children, nor grand-children, nor other more 
 remote dcfcendants of the perfon fo dying inteftate, and his father 
 and mother are both dead at the time of his deceafe, and there 
 are no brothers or fifters, or children, grand-children, or other 
 more remote dcfcendants of any brothers or fi^Ts of the faid in- 
 tettate living at the time of his deceafe, his /Cither's father (hall 
 fucceed to his lands; and in default of his father's father, his 
 father's mother (hall fucceed to them ; and in default of her alfo, 
 the children and grand-children, and other more remote dcfcend- 
 ants of the inteftate's father's father fh'll fucceed to them in the 
 fame manner and order of fucceftion and diftribntion as the in- 
 teftate's own children and their dcfcendants would have fucceeded 
 to them, if he had happened to leave any. 
 
 And 
 
 Tl.en the fn- 
 ther's iatber. . 
 
 Tlien the fa- 
 tlier's mother. 
 Then the chil- 
 <\\en atij other 
 ffefcendants of ' 
 the I'atlitT's 
 father. 
 
 ^K. 
 
 iff: 
 ■ 1 ' 
 
 If'* 
 "'(I 
 
 '•». 
 
 Ill I 
 
 r,'. 
 
 ) 
 
 
 
 ■i 
 
 nil 
 
 I 
 
 * I 
 
 ji' 
 
\ 
 
 i 2J8 ] 
 
 Tiientiiefo- And ifi dcfauIt of all the relations beforc»mentIoi.ed, the father 
 ofrc"itdhSof the father of the, inteftate's father Oiall fucceed to his faid lands; 
 C*'^""^' ^^^ *" default of him, the mother of the father of the inteflate's 
 Then the chH- father fliall fucceed to them ; and in default of her alfo, the chil- 
 jXnitlof ^iren and grand-children, and other more remote defendants <^ 
 the f«id father ,fche faid father of the father of the intcftate's father, (hall fucceed to 
 ute'sVlt'ernui them lu the fame manner and order of fucceilion and diflribution as 
 graiu-fathcr. jj^^ inteftate*s own children and their defcendants would have 
 fucceeded to them, if he bad happened to leave any. 
 
 Then the father And in default of all thefe relations by the father's fide, recourfe 
 ofjhein..ftatc', ^.^jj feg j^^d to the relation son the intcftate's mother's fide j and the 
 Then the mo. father of the inteft^te's mother (hall fucceed to his faid lands ; and in 
 ther of his mo- default of him, the caother of the feid inteftate's mother (hall fucceed 
 Then the chii- to them ; and in default of her alfo, the children aini grand-chili- 
 tedan°l'o7 dren, and other more remote defcendants of the father of the faid 
 ^e faid father in^eftate's mother (hall fucceed to them in the fame manner and 
 
 of theinteftate? ' 
 
 niucher. 
 
 ' order of fucceiiion and diftributioa as the inteftate's own childrea 
 and other defcendants would have fucceeded to them, if he ht4 
 happened to leave any. ^avv-^^ ;,;f^■;:^ jjy ,v i-^/V;'!; ^^•■^i^'^ '-Vf*; 
 
 Then the father Afld in default of thefe alfo, the father of the father of the ih« 
 the int°eftat'e°s teft^e's mother (hall £ucceed to his (aid lands ; and in default of 
 "ther?*'^""''' ^'"'» '^^e mother of the father of the intcftate's mother (hall fucceed 
 Then the chii- to. them j and in default of her alfo, the children and grand-chil- 
 fenditl o7 dren, and other more remote defcendants of the father of the father 
 of'thefnteftae's °^ ^^^ ^^^^ Intcftatc's mothcr, (hall fucceed to them in the fame 
 maternal grand- maimer aud order of fucce(fion and diftribution as the inteftate's Own 
 ** children and their defcendants would have fucceeded to them, if 
 
 he had happened to leave any. ,- ( , • ' , ,.,.,' 
 
 In default of all And if all thc relations before-mentioned are wanting to the in^ 
 St'onTthf teftate, his lands (hall efcheat or rcvcri to the feveral lords of whom 
 tttetii tl»cy are holden refpeftively. 
 
 efcheat t9 the . ,. ,, . . . ,_ '.>.,,,, , 
 
 lords of whom .'.-.•,...'■ 
 
 ihey are holden. ; .' i i : . .. i, . 
 
 .i; 
 
 NUMBER 
 
 .!> 
 
C «39 3 
 
 '.)■ 
 
 N U M 
 
 
 . 1- 
 
 r.', 
 
 () 
 
 :- «' 
 
 „. .i'-i .li..-'. i .1 -iU.'tV;-)!.! i;i <^. •». 
 
 TT is faid in the foregoing opinion of the attornejr^general of th& 
 -■• province of Quebec concerning the report of the governour of the 
 f&id province (fee Number II. Page 50) T'Jbat be conceives it ti> have- 
 been his majejiy's defign in the plan ofconduSi be has hitherto thought jit 
 to purfiie with reJ'peSi to the province of ^ebect ever Jince the 
 conqueji of it in 1 760, to endeavour to introduce into it the Eng' 
 lijh laios, and the Engli/h manner of government, and thereby to 
 affimilate and ajfociate it to his majeft^s other colomes in North Ante- 
 rica, and not to keep it diJlinSt ana fepturate from them in religion^ laivs^ 
 akd manners to all future generations. Now that this has been his 
 majefty's intention will appear by comparing the comminion of c;^p> 
 tain-general and governour in chief of the province of Quj^bcc, 
 which his Majefty was pleafed to grant to general Murray (and of 
 which that fince granted to governour Carlcton is but a copy) with 
 a commiffion of the like kind for the neighbouring province of New 
 York. For it will be feen that the powers contained in thefe two 
 commiflions are almoft entirely the fame. To enable the readers 
 of thefe papers to make this comparifon with the greater eafe, I 
 fhall here infert a copy of the commiffion granted by the late king 
 to Sir Danvers Ofborn, in the year i754> to be captain-general and 
 governour in chief of the faid province of New Vork, which l 
 have taken from Mr. Smith's excellent hiftory of New York, page 
 229, etfeq. Th,e commiflioa to general Murray may be feen abovcy 
 in page o'2r-tf//^7., . . ». 
 
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 A Commiflioii of his late Majefty King GEOJIGE the 
 Second toSirDANVERs Osborn, Baronet, to be 
 Captain-General and Governour in Chief in and over 
 the Province of New Yore ini America, in the Year 
 
 1754- 
 
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 K evocation of 
 the patent of 
 the krt go- 
 vernour. 
 
 Appointment 
 of llie now go- 
 vernour. 
 
 GEORGE the SECOND, by the Grace of God, of Great Britain, 
 France, and Ireland, Kin^, D^f^hder ' bf the Faith, and fo forth ; 
 To our trujiy and vie}l-beloved Sir Danvers O^bTW, Baronet, 
 
 Greetings '^ '^ . . !" 
 
 WHEREAS we did by our letters patent under our great feal 
 of Great Britain, bearing date at Wefhriinfter the' third day of 
 July in the fifteenth year of oui" reign, conftitute and appoint the 
 honourable George Clinton, Efq; captain|-gerieral and governour in 
 chief in and over our province of New York and the territories de- 
 pending thereon in America for and during our Will and Pleafure, 
 as by the faid recited letters patent (relation being thereunto had) 
 may more fully and at large appear : Now know you that we have 
 revoked and determined, and by thefe prefents do revoke iand deter- 
 mine, the faid recited letters patent and every claule, article^ and 
 thin? therein contained. :*; *"" '— --- y, - ---• -^-1 ';;''; 
 
 I. .-_ x'v**. ■ ... ._• . r ,■: I ;<( .•lC,,'\ |I 
 
 And further know you that we, repofing efpecial truft and cbnfi- 
 dence in the prudence, courage, and loyalty of you, the faid Sir 
 Danvers Ofborn, of our efpecial grace, certain knowledge, and 
 meer motion, have thought fit to conftitute and appoint you, the 
 faid Sir Danvers Olborn, to be our captain-general and governour 
 in chief in and over our province of New Yoik and the territories 
 depending thereon in A merica : and we do hereby require and com- 
 mand you to do and execute all things in due manner that (hall be- 
 long unto your faid command and the triift wc have repofed in you, 
 according ro the feveral powers and diredlions granted or appointed 
 you by this prefcut commiflion and inilrudions herewith given you, 
 
 or 
 
C 341 ] 
 
 or hy fuch further powers *t inftru<5lions, and authorities, as Jhall at 
 any time hert.tj'fer be granted or appointed you under our Signet and 
 Sign manual, or by our order in our privy council, and according to 
 fuch reafonable laws and flatutes as now are in force or hereafter 
 ihall be made and agreed upon by you, with the advice and con- 
 fent of our council and the aflembly of our faid province under your 
 goyernment, in fuch manner and form as is herein after exprefled. 
 
 And our will and pleafure is, that you the faid Sir Danvers Oiborn, o«ti.sto he 
 after the publication of thefe our letters patent, do in the firft place ),^ov«nowV'' 
 take the oaths appointed to be taken by an ad: pafled in the iirft 
 year of our late royal father's reign, intituled, ** Jn a^for the fur-l^tTf^'"^ 
 ther fecurity of his majejiys perfon and government y and the fuccejjion ^'■°- ^• 
 of the crown in the heirs of the late prmcefs Sophia, being protef- 
 tantSy and for extinguiJJnng the hopes of the pretended prince ^" Wales 
 and his open andfecret abettors ;" as alfo that you make and fubfcribe The declaration 
 the declaration mentioned in an adl of parliament made in the twenty- f,s»'".ft."«"'ii-- 
 fifth year of the reign of king Charlej the Second, intituled, " ^n a8l mentioned in 
 for preventing dangers which fnay happen from popijh recufants :''* "'"^^ 
 and likewife that you take the ufual oath for the due execution of Dath of office., 
 the office and truft of our captain-general and governour in chief in 
 and over our faid province of New York and the territories depend-, 
 ing thereon, for the due and impartial adminiftration of juftice; 
 and further that you take the oath required to be taken by go-oath< 
 
 >,» ' < 
 
 1 concern- 
 
 ing the law of 
 trade. -f^ 
 
 :ith? to he 
 f;il\cn hy tlie 
 
 vernours of plantations to do their utmoft that the feveral laws re 
 
 lating to trade and the plantations be obferved : which faid oaths 
 
 and declargiion our council in our faid province, or any three of 
 
 the members thereof, have hereby full power and authority, and 
 
 are required, to tender and adminifter unto you, and in your 
 
 abfence to our lieutenant-governour, if there be any upon the place ; 
 
 all which being duly performed you (hall adminifter unto each of ^^ 
 
 the members of our faid council, as alfo to our lieutenant-governour, men-.bers ..» tiie 
 
 if there be any upon the place, the oaths mentioned in the faid aft, Til'of".ppointej 
 
 intituled, ** AnaSlfor the further fecurity of his Majejly's perfon and^iy^^^- '• 
 
 government, and the fucciffion of the crown in the heirs of the late 
 
 princefs Sophia, being protejlants^ and for extinguijliing the hopes of the 
 
 pretended prince of"Wd\t^ and his open andfecret abettors;" as alfo 
 
 * Quere, Whether fuch powers would be legally delegated by an inftrumcnt under the 
 king's lignet and llgn manual. 
 
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[ 242 1 
 
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 Deciiiratioa to caufc them to make and fubfcribe the afore-mentioned declai a- 
 aw rrfniion- ^.^^^^ ^^^ ^^ admioiftcr to them the oath for the due execution of 
 
 tion, 
 Oath of office. j|jgjj. pjaces and trufts. 
 
 ..UiiV:-. -ji ^;j^UM-^i.W'»-ii uuv 
 
 Jt ^.li 
 
 feven. 
 
 Power of faf- And we do hereby give and grant unto you full power and autho- 
 lu"X« of the rity to fulpend any of the members of our faid council from fitting, 
 council. voting, or aitifting therein, if you fhaU find juft caufe for fo doing; 
 
 '' and, it there Ihall be any lieutenant-governour, him like wife to fuf- 
 pend from the execution of his command, and to appoint another in 
 his ftead until our pleafure be known. And if it dial I at any time 
 " happen that by the death, departure out of our faid province, or 
 
 fufpenfion of any of our faid councillors, or other wife, there fliall 
 be a vacancy in our faid council (any three whereof we do hereby 
 appoint to be a quorum) our will and pleafure is, that you fignify 
 the fame unto us by the firft opportunity, that we may under our 
 fignet and fign manual conftitute and appoint others in their ftead. 
 Jo^tVeVco'un- But, that our affairs may not fufFcr at that diftance for want of a 
 *^'"°ber'oVthe duc Humbef of couucillors, if ever it fhould happen that there be 
 "mbers is kfs than feven of them refiding in our faid province, we do hereby 
 give and grant unto you, the faid Sir Danvers Olborn, full power 
 and authority to chufe as many perfons out of the principal free- 
 holders, inhabitants thereof, as will make up the full number of 
 oar faid council to be feven, and no more j which perfons fo chofen 
 and appointed by you (hall be to all intents and purpofes councillors 
 in our faid province, until either they fhall be confirmed by us, or 
 that, by the nomination of others by us under our fign manual and 
 fignet, our faid council fhall have feven or more perfons in it. 
 
 Power with the And wc do hereby give and grant unto you full power and autho- 
 wundi.'to call rity, with the advice and confent of our fajd council, from time to 
 an aflcmbiy. jjj^g ^^ j^gg^j ^j^]j rgquirc, to fummon and call general afTemblies 
 of the faid freeholders and planters within your government accord- 
 ing to the ufage of our province of New York. And our will and 
 pleafure is, that the perfons thereupon duly ele6led by the major part 
 of the freeholders of the refpedive counties and places and fo 
 returned, (hall, before their fitting, take the oaths mentioned in the 
 faid atl intituled, •* y4n aSifor the Jurther fecurity of his Majejlys per/on 
 and government, and the fuccejjion of the crown in the heirs of the late 
 princefs Sophia, being protejiants, and for extinguijhing the hopes of 
 the pretended prince ^' Wales and his open and fecret abettors i^ as 
 
 alfo 
 
 *i* 
 
 ©atlis to be 
 taken by Uie 
 membti'i 
 tlicieot". 
 
us, or 
 ual and 
 
 's ;" as 
 
 alfo 
 
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 alfo make and fubfcribe the afore-mentioned declaration (which oaths Th« deciami*.u 
 and declaration you (hall commiffionatc fit perfons under our feal ed''[s'to b""fub"- 
 of New York to tender and adiiiinifter unto them) : and until the ^""""^ '')"*'«'"• 
 f^me Hiall be Co taken and fubfcribedf no perfon {hall be capable of 
 fitting, though elefted. . ,^^,^ ^^,^^^ ^^,,^ ^„.^ .^,f,„,,. ,,,, ,^„ , . . 
 
 And we do hereby declare that the perfons fo eleded and quali- Kameof tt.e 
 d (hall be called and deemed TI6^ ^fw^rtf/ 
 vince and the territories depending thereon* 
 
 fied (hall be called and deem.ed T^e general affembly of that our pro- "tfte'i*"? 
 
 lifi«a. 
 
 ^u*-* 
 
 And you, the faid Sir Danvers Ofborn, by and with the confent Power w m»k« 
 of our faid council and aflembly, or the major part of them refpec- '*"' ' 
 tively, /hall have full power and authority to make, conftitute, and 
 ordain, laws, flatutes, and ordinances for the public peace, welfare, 
 and good government of our faid province, and of the people and 
 inhabitants thereof, and fuch others as Hiail refort thereto, and for 
 the benefit of us, our heirs, and fucceffors : which faid laws, fta- «*>'<='' ""^i" "°* 
 
 ,,.' , , be repugnant to 
 
 tutes, and ordmances are not to be repugnant, jbut, as near as may the law, of 
 be, agreeable to the laws and flatutes of this our kingdom of Great °"^' ^"'**"* 
 Britain. . ,r...y.'V, ..^ ^ -. •' u-...> :' .. ■ :■- v ... - 
 
 Provided that all fuch laws, flatutes, and ordinances, of what JjSuifte 
 nature or duration foever, be, within three months or fooner after tranfmutcd to 
 the making thereof, tranfmitted unto us under our feal of New thKemomhsr 
 York for our approbation or difallowance of the fame ; as alfo dupli- 
 cates thereof by the next conveyance. , . , 
 
 And in cafe any or all of the faid laws, flatutes, and ordinances, if they are at 
 being not before confirmed by us, fhall at any time be difallowed d"/^ioTed b" 
 and not approved, and fo fignified by us, our heirs, or fucceffors, f^^'ftJJf^ce'l''' 
 under our, or their, fign manual and fignet, or by order of our, or forth become 
 their, privy council unto you, the faid Sir Danvers Ofborn, or to '"^' " 
 the commander in chief of our faid province for the time being ; 
 then fuch anH fo many of the faid laws, flatutes, and ordinances as 
 fhall be fo difallowed and not approved, fhall from thenceforth 
 ceafe, determine, and become utterly void and of none effed: -, any 
 thing to the contrary thereof notwithflanding. 
 
 And, to the end that nothing may be pafiied or done by our The 
 
 gaverntuir 
 huvt a iic- 
 
 faid council or aflembly to the prejudice of us, our heirs, or fuc- """l' 
 
 H h 2 ceiTors, 
 
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[i^ 244 ] 
 
 gainf} both 
 cmincil and 
 aliVmbly. 
 
 Power of ad- 
 journing, pro- 
 roi'uJnjr, and 
 dillolvhig the 
 ancmbly. 
 
 Power to keep 
 and life the pub- 
 lic ^bul. 
 
 Power to admi- 
 nifter, or to au- 
 thorizeotheri lo 
 adminifter, to 
 SLV.y perfon in 
 the province 
 the oaths ap- 
 pointed by (lat. 
 I Cieo. I. 
 
 Power, with the 
 confent of the 
 council, to ereft 
 courts of judica- 
 ture, 
 
 and to coitimif- 
 iionate fit pcr- 
 fons to adminif- 
 ter the oaths ap- 
 pointed by flat. 
 I Geo. 1. and 
 the declaration 
 ag^inft trani'ub- 
 (lantiation, to 
 pel (or. s bclang- 
 ing to fuch 
 courti. 
 
 Power to ap- 
 point judges, 
 foHnmiffioncrs 
 of *)y9r and 
 T«jiiui.er, jui" 
 
 ceffors, we will and ordain that you, the faid Sir Danvers Ofborn, 
 fhall have and enjoy a negative voice in the making and pafling of 
 all laws, ftatutes, and ordinances as aforefaid : and you (hall and 
 may likewife from time to time, as you fliall judge it neceffary, ad- 
 journ, prorogue, and diflblve all general afTemblies as aforefaid. >»^ 
 
 And our further will and pleafure is, that you (hall and may ufe 
 and keep the public feal of our faid province of New York for feal- 
 ing all things vvhatfoever that pafs the great feal of our faid province 
 under your government»,QytTo xbut u'l a<:.uju,'i «< {^^>iylu iwu tu rnj-j,. 
 
 And we do further give and grant unto you, the faid Sir Danvers 
 Ofborn, full power and authority from time to time and at any 
 time hereafter, by yourfelf, or by any other to be authorized by you 
 in that behalf, to adminifter and give the afore-mentioned oaths to 
 all and every fuch perfon and perfons as you (hall think fit, who 
 fhall at any time or times pafs intQ our f»d province or ihall be refi- 
 dent or abiding there. ;,,.-•';;■ hnt ■f'tr-'yur'-.f-^ '■ lO "tth/w eaafidrr 
 
 And we do further by thefe prcifents give and grant unto you, the 
 faid Sir Danvers Ofborn, full power and authority, with the advice 
 and confent of our faid council, to ereft, conftitute, and eflablifh 
 fuch and fo many courts of judicature and public juftice within our 
 faid province under your government, as you and they ihall think'if 
 fit and neceffary for the hearing and determining of all caufes, as 
 well criminal as civil, according to law and equity, and for award- 
 ing execution thereupon, with all reafonable and necefi'ary powers, 
 authorities, fees, and privileges belonging thereunto : as alfo to ap- 
 point and commifhonate fit perfons in thefeveral parts of your go-'' 
 vernment toadminifler the oaths mentioned in the aforefaid ad, in-'f 
 tituled, ** An aSffor the further Jecurity of his Majejlys perfon andgo^ )v 
 'cernmenty and the fuccejjion of the crown in the heirs of the late princefi^^ 
 Sophia, being proteji ants, andforextinguijhingthe hopes of .the pre-^ 
 tended prince of W^\qs and his open and fecret abettors'" as alfo to 
 tender and adminifler the aforefaid declaration, unto fuch perfons be- 
 longing to the faid courts as fhall be obliged to take the fame. . ? 
 
 And we do hereby authorize and impower you to conftitute and 
 appoint judges, and in cafes requifite commiffioncrs of Oyer and 
 Terminer, juflices of the peace, and other neceffary officers and 
 
 miniflers 
 
'-IK 
 the 
 
 n'> 
 
 i 245 ] 
 
 liiinifters in our faid province for the better adminiftratlon of juilice ticeioftht 
 and putting the laws in execution, and to adminifter, or caufe to oSceVof juf-*' 
 be adminiflered, unto them fuch oath or oaths as are ufually given '*'*• 
 for the due execution and performance of offices and places, and 
 for the clearing of truth injudicial caufes. ***^^ 
 
 iji.i,- 
 
 <■■,-■■•.': 
 
 And wc do hereby give and grant unto' you full power and autho- Power to p«r. 
 rity, where you (ball fee caufe or (hall judge any offender or offenders 
 in criminal matters, or for any fines or forfeitures due unto us, fit 
 objeds of our mercy, to. pardon all fuch offenders, and to remit all 
 fuch offences, fines, and forfeitures, treafon and wilful murder only 
 excepted, in which cafes you fhall likewife have power upon extra- 
 ordinary occafions to grant reprieves to the offenders until, and to 
 the intent that, our royal pleafure may be known therein. 
 
 And we do by thefe prefents authorize and impower you to collate ,^°**ie^^^'^'/* 
 any perfon or perfons to any churches, chapels, or other ecclefiaflical beneficet. 
 benefices within our faid province and territories aforefaid, as often 
 as any of them fhall happen to be void. 
 ■ -rtij) .T3S»7 c:-ntJ i-'^i!- ^U • T-' ■:{.'(* fi' ^^y-' ■ -'^1' -■i t:- i^'- ' :;V;.'.- ' 
 
 And we do hereby give and grant unto you, the faid Sir Danvers Power to revy 
 Olborn, by yourfelf or by your captains and commanders by yo. pio^them a!""' 
 to be authorized, full power and authority to levy, arm, muner, ^'a"«^"r£ 
 command, and employ all perfons whatfoever refiding within our ''**'• 
 faid province of New York and other the territories under your go-^ 
 vernment, and, asoccafion fhall ferve, to march them from one place 
 to another,-or to embark them, for the refifting and withftanding of 
 all enemies, pirates, and rebels both at fea and land j and to tranfport 
 fuch forces to any of our plantations in America, if neceflity fliall 
 require, for the defence of the fame againft the invalicns or attempts. 
 of any of our enemies j and fuch enemies, pirates, and rebels, if there 
 fhall be occafion, to purfue and prolecute in or out of the limits of 
 our faid province and plantations, or any of them, and, if it fhall fo 
 pleale God, them to vanquilh, apprehend, and, being taken, either 
 according to law to put to death or keep and preferve alive at your 
 difcretion: and to execute martial law in time of invafion, or other *"''."',?"*'.'* 
 
 Ill- I 1 J 1 1 ,% ni:»tiil law m. 
 
 times when by law it may be executed : and to do and execute all time of war.. 
 and every other thing and things which to our captain-general and 
 governour in chief doth, or ought of right to, belong. 
 
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 Power, with th« 
 eooient of the 
 
 council, to 
 build furts and 
 caQles ; 
 
 •nd to fortify 
 tind fiiriiilli 
 
 
 Power to ap- 
 
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 point captains 
 
 V 
 
 and other offi- 
 
 
 cers offhips. 
 
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 and to grant 
 
 And we do hereby give and grant unto yotr full power and autho-> 
 rity, by and with the advice and coniient of our laid council, to 
 ere£k, raife, and build in our l&id province of New York and the 
 territories dcpeiidiog thereon, fuch and fo naany forte and plat- 
 forms, caftles, cities, boroughs, towns, and fortifications as you, 
 by the advice aforefaid, Ihall judge neceffary ; and the fame, or 
 thernwUh'arms, any of them, to fortify and furnifh with ordnance, ammunition, 
 *'^' and all forts of arms fit aad neceffary for the fecurity and defence 
 
 anjtodemoiiftiof our faid province; and, by the advice aforefaid, the fame again, 
 ordifmantie qj. g^y of them, to demoHfli or difmantle, as may be moil con^ 
 venient. m-i) •'.>r- .-.v .i-,,f» >.■ rJ,,-j. ^.,y fj^'i^jn Ir: f.->s'.)oir; -)d nt 
 
 - And forafmnch as divers mutinies and diforders may happen by 
 
 perfons fliipped and employed at fca during the time of war; and 
 to the end that fuch as (hall be fhipped and employed at fea during 
 time of war may be better governed and ordered, we do hereby 
 give and grant unto you, the faid Sir Danvers Olborn, full power 
 and authority to conftitute and appoint captains,, lieutenants, 
 fion"sto™ufemafters of fhips, and other commanders and officers, and to grant 
 '""'oi'dirtrthe to ^"^^ captains, lieutenants, matters of fliips, and other com- 
 fta*t!'i3"'^ar!ir. mandcrs and officers, commiffions to execute the law martial 
 .«di8Geo.ii, jyj.jjjg jjjg jjjjjg Qf ^ar according to the diredions of two a6ts, the 
 one paffed in the thirteenth year of the reign of king Charles the 
 Second, intituled, ** -^« aSl for the ejiablijhing articles and orders for 
 the regulating and better government of his Majefifs navies, Jhips of 
 'war, and forces by fea j" and the other paffed in the eighteenth year 
 of our reign, intituled, ** ^n a^for the further regulating and better 
 government of his Majefty's navies y fbips of war, and forces by fea, 
 and for regulating proceedings upon courts martial in the feu fervice ;" 
 and to ufe fuch proceedings, authorities, punifliments, corre<ftions, 
 and executions upon any offender or offenders who {hall be mutinous, 
 feditious, diforderly, or any way unruly, either at fea, or during 
 the time of their abode or refidence in any of the ports, harbours, 
 or bays of our faid province and territories, as the cafe ftiall be 
 found to require, according to the martial law and the faid diredions 
 during the time of war as aforefaid. 
 
 This Ihall not 
 
 Provided that nothing herein contained {hall be conftrued to the 
 
 ^j enabling you, or any by your authority, to hold plea or have any 
 
 on board mips"' jurifdidion of any offences, caufe, matter, or thing, committed or 
 
 - 2 done 
 
 affeft any offi 
 ctrs, fea men. 
 or otlier perfo 
 
 .:;f >;V 
 
[ 247 ] 
 
 
 
 done upon the high fea or within any of the havens, rivers, or ^^'llamirai- 
 creeks of our faid province and territories under your government, 'y. «iHniiier 
 by any captain, commander, lieutenant, mafler, officer, feaman, eUhiTon .he"* 
 foldier, or other perfonVhatfoever, who (hall be in our adual fer-l^'.^ff;;^;,''''" 
 vice and pay in, or on board, any of our fliips of war, or other veflels, <:'e'=*,orhaveo. 
 acting by immediate comriiffion or warrant from our commiiTioners ,"'' 
 
 for executing the office of our high admiral, or from our high ad- 
 miral of Great Biitain for the time being, under the feal of our 
 admiralty j but that fuch captain, commander, lieuteuant, mailer, 
 officer, feaman, foldier, or other perfon fo offending (liall be left 
 to be proceeded againft and tried as their offences iliail require, 
 cither by commiffion under our great fenl of Great Britain as the 
 itatutc of the twenty-eighth of Henry the Eighth diredls, or by 
 commiffion from our faid commiffioners for executing the office 
 of our high admiral, or from our high admiral of Great Britain for 
 the time bung, according to the afore-mentioned a«fls» 
 
 Provided neverthclefs, that all diforders and mifdemeanours com- 
 Hiitied on ftiore by any captain, commander, lieutenant, mailer, 
 officer, feaman, foldier, or other perfon whatlbever belonging to 
 any of our Ihips of war or other velfels, afting by immediate com- 
 miffion or warrant from our faid commiffioners for executing the 
 office of our high admiral, or from our high admiral of Great 
 Britain for the time being, under the feal of our admiralty, may 
 be tried and punifhed according to the laws of the place where 
 ahy fuch diforder, offence, and mifdemeanor fliall be committed on. 
 ffiore, notwithftanding fuch offenders be in our adual fervice and 
 born in our pay on board any fuch our fliips of war, or other 
 Viffels acting by immediate commiffion or warrant from our laid 
 commiffioners for executing the office of our high admiral, or from 
 our high admiral of Great Britain for the time being, as aforefaid, 
 fo as he ffiall not receive any protedion for the avoiding of juftice 
 for fuch offences committed on fliore from any pretence of his being 
 employed in our fervice at fea. 
 
 And our further will and pleafure is, that all public monies ''aifed P<|^"|^j^^i.'|]^f'<« 
 or which (hall be raifed by any ad to be hereafter made Within t..mc;i, to air- 
 our faid province and other the tcrri';orie8 depending thereon, ilcmoni'^ait 
 be iffued out by warrant from you, by and with the advice and"?'"'^p,"'- 
 
 confeiu i^rport ottht 
 
 ..f,.^^, • jovcrnmeut.. 
 
 But theft perfons 
 {h..\\ be tried for 
 fikli oticnccs 
 c-thcr by com- 
 niliTions iirnici' 
 the ^reat feal erf' 
 Great Britain 
 ;iccordiiig to the 
 flat. i8 ileii. 
 \ in. or by 
 commiffion 
 tVora the admio. 
 rally according 
 to the afore- 
 mentioned afli. 
 But for offeuccs 
 convniiicd on 
 ihorc, tht fe per-- 
 fons (liiill be 
 tried and piinifli- 
 ed according to 
 the laws of the 
 place \vhtre the 
 offence (liail be 
 committed. 
 
 
 !-i| 
 
 
 !h 
 
 Y i 
 
 m 
 
 
 'I 
 
 w 
 
 |m*I 
 
Power, with 
 the iDiifeiit i)f 
 the council, .d 
 grant lands. 
 
 f »48 ] 
 
 confent of our council, and difpofed of by you for the fupport of 
 the government, and not otherwife. 
 
 And wc do hereby likewife give and grant unto you full power 
 and authority, by and with the advice and confent of our faid coun- 
 cil, to fettle and agree with the inhabitants of our province and ter- 
 ritories aforefaid for fuch lands, tenements, and liereditaments as 
 now are, or hereafter fliall be, in our power to difpofe of, and 
 them to grant to any perlbn or pcrfons upon fuch teims and under 
 fuch moderate quit-rents, fervices, and acknowledgments, to be 
 thereupon referved unto us, as you, by and with the advice aforefaid, 
 ^m£he'° ^^^^^ think fit: which faid grants are to paf-> and be fealed by our 
 puhiic feai und feal of Ncw York, and, being entered upon record by fuch officer or 
 e regi ere . Q^^^g^g gg ^j.g qj. (}^q\\ }qq appointed thercuuto, fliall be good and ef- 
 
 fedual in law againd us, our heirs, and fuccefTors. 
 
 Power, with the And WC do hereby givc you, the faid Sir Danvers Ofborn, full 
 coimdi,°o'ap. power to order and appoint fairs, marts^ and markets, as alfo fuch 
 m'^!rkc»',"ha"!! ^^^ ^^ many ports, harbours, bays, havens, and other places for the 
 if.ursand convenience and fecurity of (hipping, and for the better loading 
 and unloading of goods, and merchandizes, as by you, with the ad- 
 vice and content of our faid council, ihall be thought iit and ne- 
 ceflary. 
 
 And we do hereby require and command all officers and minifters 
 
 All officers, ci- 
 vil and military, ^ . _ _ 
 
 and all oti.ei in- civil aud military, and all other inhabitants of our faid province and 
 
 habitants of the ... '.. . . ... . .. » . 
 
 province, are to territories depending thereon, to be obedient, aiding, and affifting 
 f,mig"ti the ''^ unto you, the faid Sir Danvers Ofborn, in the execution of this our 
 
 fheexer'^ion of ^°*^"^^^°" *"^ ^^* powcrs and authorities herein contained; and, 
 this commif- in cafe of your death or abfence out of our faid province and territo- 
 '""' ries depending thereon, to be obedient, aiding, and affifting unto 
 
 fuch perfon as (hall be appointed by us to be our lieutenant go- 
 ^ti- >""'=°f vernour or commander in chief of our faid province; to whom we 
 aMencc, oi the do therefore by thefe prefents give and grant all and fingular the 
 S°eUcu°tenanT- powcrs and authorities herein granted, to be by him executed and 
 w'^mlmierL ^"joyed during our pleafure or until your arrival within our faid 
 
 chief for the 
 time being. 
 
 province and territories. 
 
 In cafe c the Aud if, upott your death or abfence out of our faid province and 
 toceofthe go- territories depending thereon, there be no perfon upon the place 
 
 commiffionated 
 
[ 249 ] 
 
 commlfnoiiated or appointed by ii . fo be our llcutcnant-covernour or ^"f"^'""- •""'" 
 commander in chier or our laid provincx', our will and plealurt: is, licutcvint--... 
 that the t'.dcft counlcllor, whole name is Hrft placed in our faid in- p""Tm'e! 'the 
 ftrudions to yon, and who fliall at the time of your death or ab- '"n"?""^' ;'f |i'e 
 
 •;' ^ /••« • n ■%.T province liuli 
 
 fence be rending within our faid province of New York, lliaM take<''v"ivLiir..ti 
 
 I • ^1 1 • •/! ^' r li_ ^ 1 the I'Idell coun- 
 
 Upon nim the adminillration or the government, and execute our iiuor. 
 laid commiflion and inftrudlions and the fevcral powers and authori- 
 ties therein contained, in the fame manner and to all intents and 
 purpoles as other our g A'crnour and commander in chief of our 
 laid province Ihould or ought to do in cafe of your abfcnce until 
 your return, or in all cafes until our furthei pleafure be known 
 therein. . - . ■ 
 
 And we do hereby declare, o'dain, and appoint that. you, the '^'"'."*'''^'= "^ 
 
 fi . , _. __ r\r\ /I 11 1 lij 111- cjptain-gciicril 
 
 aid Sir Danvers Olborn, Ihall and may hold, execute, a:nd enjoy and finvcmonr 
 
 the office and place of our captain-general and governour in chief in ftiaV"' '^^ '"' 
 
 I province 
 
 and over our province of New York and the territories depending "'='"'"' '"'"°'*" 
 thereon, together with ill and lingular the powers and authorities 
 hereby granted unto you, for and during our will and pleafure. 
 
 
 faid 
 
 theof- 
 ain- 
 
 And whereas there are divers colonies adjoining to our province 
 of New York, for the defence and fecurity whereof it is'requifite 
 that due care be taken in time of war ; we have therefore thought it 
 neccflary for our fervicc and for the better protedion and fecurity of 
 ourfubjecls inhabiting thofe parts, to conftitute and appoint, and we Grantofth* 
 d( by thefe prefents conftitute and appoint, you, the faid Sir Dan- £cneraUnd' 
 vjrs Olborn, to be our captain-general and commander in chief of 'hijro'flhemi 
 the militia and of all the forces by fea and land within our colony |.'''**"^''°'^«'' 
 of Connecticut and of all our forts and places of ftrength within the feaTnd Und if 
 fame -, and for the better ordering, governing, and ruling our faid coVniStf 
 militia and all our forces, forts, and places of ftrength within our 
 faid colony of Connecticut, we do hereby give and grant unto you, 
 the faid Sir Danvers Olborn, and, in your abfence, to our com- 
 mander in chief of our province of New York, all and every the 
 like powers as in thefe prefents are before granted and recited for 
 the ruling, governing, and ordering our militia and all our forces, 
 forts, and places of ftrength within our province of New York, 
 to be exeicifed by you, the faid Sir Danvers Olborn, and in your 
 abfence from our territories and dominion of New York, by our 
 
 Ii commander 
 
 
 !♦ 
 
 Hi' 
 
 iii 
 'It 
 
 
 M 
 
 I- 
 
 
 !:i 
 
 n 
 
 
 . At 
 
[ 250 ] 
 
 commander in chief of our province of New York, within our (aid 
 colony of Connedticut, for and during our pleafure. 
 
 In Witnefs whereof we have caufed thefe our letters to be made 
 patent. 
 
 Witnefs ourfclf at Weftminfter the firft Day of Auguft in the 
 twenty- feventh year of our reign. 
 
 By writ of privy feal, 
 
 YoRKB and YoKKE. 
 
 
 1 ' . 
 
 With the fame view of (hewing the refemblance of the civil 
 conftitutions given to the two provinces of Quebec and New York 
 by his Majefty's commiffions and inflruftions to his governours of 
 them, I fhall likewife infert the following copy of a grant of lands 
 in the province of New York made in purfuance of his Majeily's 
 inflrudtions for that province, which will be found to be but little 
 different from the grants of land in the province of Quebec that have 
 been herein above recited. 
 
 . ■■ • ,;■ •.■ .1 , ■ : .' ^ . ■• . •' . . 1.; ', ; 'i.i'.nr 
 
 '■- ^^■- iO M^i ) ,,\ ;>i,-;< ,1 t'^M ;'-l;i / v , ; ' '. i i! ;i i ,, I ! ; ..."._ 'n .'^i I ' .■ 
 
 ■I •'•'.■ ' - , 
 
 DRAFT 
 
 * :..: ,' i .:>. ;].;:."-•:'•■ ■ ' •*.' • '. ■■hi ').): 
 
 ' ; ■' > }'•'. " )' : j;. • ' III ■ , ' = ' ■• \ ■ t.- 
 
 ■ n '1 ;::• 
 
#• 
 
 [ »S' ] 
 
 DRAFT of Letters Patent for a Trad of Land in 
 the Province of New York, eredling the fame into a 
 Townfhip. 
 
 GEORGE the THIRD, by the Grace of God, of Great 
 Britain, France, and Ireland, King^ Defender of the Faith, and - 
 fo forth i To all to whom tbefe Prefents Jhall come. Greeting : 
 
 WHEREAS our loving fubjcAs A, B, C, D, &c. by their Petition or ji. 
 humble petirion prelented unto our trufly and well-beloved 'hr/ownou* 
 Sir Henry Moore, ^ net, our captain-general and governour inj|^[^«|:"^j^'* 
 chief of our province of New York and the territories depending 
 thereon in America, chancellor and vice-admiral of the fame, and 
 read in our council for our faid province on the twenty-firft day of 
 June now lad pad, did fet forth that the petitioners had difcovered 
 a vacant tradt of land [here recite to the end of the Petition]. 
 
 ,K 
 
 
 
 t. 
 
 
 Which petition having been then and there refer: w Co a com-Ref«r«nceofihe 
 mittee of our council of our faid province, our faid council did Jomm^aceof th* 
 afterwards on the fame day, in purfuance of the report of the famep°""5|'j/''"' 
 committee, humbly advife and confent that our faid captain-general ^j^j^^^jj^^ 
 and governour in chief fhould by our letters patent grant to each of «»">"• »<> «ht 
 the faid petitioners, and their refpe6live heirs, the quantity of one pa'lJt""^ a«et 
 thoufand acres of the trad: of land aforefaid under the quit-rent, I'/„S*'Je|[,'^„^ 
 provifoes, limitations, and reftridtions prefcribed by our royal in-f°'^»oe??hof 
 
 ftrudtionS. petuwners. 
 
 '"» 
 
 ilN 
 
 
 Wherefore, in obedience to our faid royal inftrudtions, our com- The commrr- 
 miflioners appointed for the fetting out all lands to be granted within Z^^om'm^' 
 our faid province have fet out for them the faid A, B, C, D, &c. gid b the 
 all that certain tradt or parcel of land within our province of New p'"^'"" have 
 York, fituate, lying, and being in the county of Albany, on the hnd for thc^Js"/ 
 caft fide of Schohary, adjoining to the patent of Schohary and other SSjon of 
 
 lia patented ''"'*n<if<»'«' 
 
 
 
 ■f. 
 
 ■\k 
 
 ■:'-"'M 
 
[ 252 ] 
 
 patented lands there ; which faid tradt or parcel of b.nd is part of a 
 tradl of land purchafed by the faid A, B, and others, of the native 
 Indian proprietors thereof, as appears by the Indian deed filed in the 
 fecretary's office bearing date the fixth day of June one thoufand 
 fcven hundred and fixty-four; which faid tradt or parcel of land 
 begins at the north- eaft corner of the northernmoft of two tra' 
 of land formerly granred to Lambertus Starnbergber and Adam Stc - 
 btrgher ; and runs from thence north, twenty-feven degrees eaft, 
 ninety-two chains; then fouth, fixty-fix degrees eaft, one hundred 
 and fifty five chains ; then fouth, thirty-one degrees eaft, two hun- 
 dred and ten chains; then fouth, thirty-two degrees weft, two 
 hundred and eighty-four, chains; then north, fifty degrees weft, 
 two hundred and eighty chains ; then fouth, twenty-feven degrees 
 weft, one hundred and fifty-four chains ; then north, fifty-ninq 
 degrees weft, one hundred and thirty-feven chains ; then north, 
 twenty-five degrees eaft, twenty-eight chains, to the fouthermoft of 
 the laid two trada of land granted to the faid Lambertus and Adam 
 Starnbergber ; and then, along the foutherly and eafterly bounds of 
 the faid fouthernmoft tradt, to a tradl of land granted to Johannes 
 Lawyer and Philip Bergh ; and then, along the foutherly, eafterly, 
 and northerly bounds of this laft-mentioned trad, as they run, to 
 the firft mentioned tract granted to the faid Lambertus and Adam 
 Starnbergber ; and then, along the eaft bounds of this laft-men- 
 tioned trad, north, twenty-five degrees eaft, one hundred and 
 forty chains, to the place where this trad of land firft began ; con- 
 taining eight thoufand acres of land and the ufiiai allowance for 
 highways. , . , .^ ,. ,,,,,. ^ ^ .. 
 
 And in fetting out the faid trad, or parcel, of land, our faid 
 commiflioners have had regard to the profitable and unprofitable acres, 
 and have taken care that the length thereof doth not extend along 
 the b.inks of any river otherwife than is conformable to our faid 
 royal inftrud ons, as by a certificate thereof under their hands, 
 bearing date the eighth day of this inftant month of July, and en- 
 tered on record in our fecretary's office for our faid province, may 
 more fully appear. , , . . , 
 
 Which faid trad of land, fet out as aforefaid, according to our 
 faid royal inftrudions, we being willing to grant to the faid peti- 
 
 4 tioners. 
 
[ 253 ] 
 
 tioners, their heirs, and afligns for ever, with the feveral privileges 
 and powers herein after-mentioned: , . ... 
 
 KNOW YE that, of our fpecial grace, certain knowledge, andji'," 
 
 Grant of (he 
 
 (ft otl;"Kl 
 
 nicer motion, we have given, granted, ratified, and confirmed, ''^■^■'^J-f';"'"- J* 
 and do by thefe prefents for us, our heirs and fuccefibrs, give, 
 grant, ratify, and confirm, unto them the faid A, B, C, D, 6cc. 
 their heirs and all'igns for ever, all that the tradl, or parcel of land 
 aforefaid^ fet out, abutted, bounded, and defcribed in manner and 
 form as above-mentioned> together with all and Angular the tene- 
 ments, hereditaments, emoluments, and appurtenances thereunto 
 belonging, or appertaining : and alfo all our eftate, riglit, title, 
 inter^ft, pofleffion, claim, and demand whatfoever, of, in, and to, 
 the. fame lands and premifes and every part and parcel thereof: ex- F-f fervation of 
 cept and always relerved out or this our prelent grant unto us, our gold imd liUfr ; 
 heirs and fucceflbrs for ever*, all mines of gold and filver, and aifo^^, ^^.^i, .^^ 
 all white or other forts of pine trees fit for mafts, of the growth ticesoiaceitaui 
 of twenty-four inches diameter and upwards at twelve inches ''"' 
 from the earth, for niafts for the royal navy of us, our heirs and 
 
 fucceflbrs. 
 
 -fn: 
 
 ui; 
 
 'an: 
 
 i I IK ir.h' 
 
 To have and to hold one full and equal eighth part (the whole Habendum, 
 into eight equal parts to be divided)^ of the faid tradl or parcel of 
 land, tenements, hereditaments, and premifes by thefe prefents 
 granted, ratified, and confirmed, and every part and parcel thereof, 
 with their and every of their appurtenances (except as is herein be- 
 before excepted) unto each of them bur grantees above-mentioned, 
 their heirs and afiigns refpedlively, to their only proper and fepa- 
 yate ufcTand behnof refpedively fojr ever, as tenants in common and . 
 not as joint tenants. !>;:! b j'ldlc'?! roy :;'.{ ...;"; ^•^ -'..'t,;it . . ; • 
 
 
 ■■'il!! 
 
 ^ii^ 
 
 pi 
 
 ,■ 
 
 
 To he holden of us, our heirs and fncceflbrs, in free and com-Tou 
 mon focage, as of our manor of Eq^ Greenwich in our county of 
 
 It flogd thus in the draft, but the council altered it 9S above to the Vfjry words of 
 the king's inllruftions. 
 
 * All mines of gold and filver and all royal mines whatfover, and alfo all white pine 
 trees, and all other forts and fpccits of pine trees whatfoever fit for mafts of the diameter 
 of twenty-four inches and upwards at twelve inches from the ground for mafts, &c. 
 
 Kenti 
 
 \fi 
 
 
 I;; 
 
 n 
 
 1 Ti 
 
 ' fill' 
 
 ■t^" 
 
[ *S4 ] 
 
 Quit-lent. 
 
 t 
 m 
 
 EjreAion of the 
 trud of land 
 tiereby granteJ 
 into a townfhip 
 
 Kent, within our kingdom of Great Britain ; yielding, rendering, 
 and paying therefore, yearly and every year for ever, unto us, our 
 heirs and fucceflbrs, at our cuftom-houfe in our city of New York, 
 unto our, or their, colle<5tor or receiver-general there for the time 
 being, on the Feaft of the Annunciation of the blefled Virgin Mary, 
 commonly called Lady-Day, the yearly rent of two fhillings and fix 
 pence fterling * for each and every hundred acres of the above 
 granted lands, and fo in proportion for any lefler quantity thereof 
 (faving and except for fuch part of the faid lands allowed for high- 
 ways as above-mentioned) in lieu and flead of all other rents, fer- 
 vices, dues, duties, and demands whatfoever for the hereby granted 
 lands and premifes, or any part thereof. And we do, of our efpecial 
 grace, certain knowledge, and meer motion, create, erc<5t, and 
 conftitute the traft, or parcel, of land herein granted, and every 
 part and parcel thereof, a town(hip for ever hereafter to be, con- 
 tinue, and remain, and by the name of for ever hereafter 
 to be called and known. 
 
 SrtDt, to the 
 inhabitants of 
 the faid town- 
 (hip, of all the 
 powers and pri- 
 vilege« ItgMj 
 belonging to the 
 inhabitants of 
 any other town- 
 (hip in the faid 
 province. 
 
 And, for the better and more eafily carrying on and managing 
 the public affairs and bufinefs of the faid townfhip, our royal plea- 
 fure is, and we do hereby for us, our heirs and fucceflbrs, give and 
 grant to the inhabitants of the faid townfliip all the powers, autho- 
 rities, privileges, and advantages heretofore given and granted to, 
 or legally enjoyed by, all, any, or either, our other townQiips within 
 our faid province. j , ; 
 
 oSISe"'*"^ And we alfo ordain and eftablifh, that there fhall be for ever 
 chofen an.uaiiy hereafter in the faid townfhip one fupervifor, two afleflbrs, one 
 lant'I'of "Kid treafurer, two overfeers of the- highways, two overfcers of the poor, 
 townfhip. Qjjg coUeftor, and four conflables, elefted and chofen out of the in- 
 Day of eieoion. habitants of the faid townfhip yearly and every year, on the firft 
 Tuefday in May, at the moft public place in the faid townfhip by 
 the majority of the freeholders thereof then and there met and 
 piaceofeieaion. aflembled for thatpurpofe; hereby declaring that wherefoever the 
 firfl eledion in the faid townfhip (hall be held, the future elcdions 
 
 "Jhe couQcll would confine themfelves to the very woi ds of the king's iaArufttoat. 
 J ^t t * Of good and lawful money of Great Britau). 
 
 fliall 
 
tidcring, 
 us, our 
 w York, 
 he time 
 n Mary, 
 i aiid fix 
 e above 
 thereof 
 or high- 
 tits, fer- 
 granted 
 efpecial 
 c(5t, and 
 id every 
 be, con- 
 hereafter 
 
 lan aging 
 yal plea- 
 give and 
 ^ autho- 
 nted to, 
 within 
 
 for ever 
 ors, one 
 le poor, 
 the in- 
 the firft 
 nfhip by 
 met and 
 ever the 
 Ele<5^ions 
 
 (tlons. 
 iliall 
 
 I '55 ] 
 
 fliall for ever thereafter be held in the fame place, as near as may 
 be ; and giving and granting to the faid officers fo chofen power and 
 authority to cxercil'e their faid fcveral and refpedive offices during 
 one whole year from fuch eled'ion and until others are legally cholen 
 and elected in their room and ftead, as fully and amply as any the 
 like officers have, or legally may ufe or e.xercife their offices in our 
 faid province. 
 
 And in cafe any or either of the faid officers of the faid townfliip 
 fliould die, or remove from the faid townlhip, before the time of 
 their annual fervice {hall be expired, or refufe to aft in the offices 
 for which they (hall refpedively be chofen, then our royal will and 
 pleafure further is, and we do hereby dire^, ordain, and require 
 the freeholders of the faid townfhip to meet at the place where the 
 annual ele<5lion fhall be held for the faid townihip, ami chufc other, 
 or others of the faid inhabitants of the faid townfliip in the place 
 and ftead of him, or them, fo dying, removing, or refufing to adt, 
 within forty days next after fuch contingency. 
 
 AcciJental va- 
 cancies in the 
 f.iid < ificcs by 
 the Je.ith, or re- 
 moval of the 
 pcrfons who 
 held them, or 
 their refufal to 
 ift in them, 
 iliall be Ailed up 
 by new elciftiolis 
 within forty 
 days after they 
 have liappciied. 
 
 elevens. 
 
 ■ii 
 
 And to prevent any undue eledtion in this cafe, we do hereby ^'=\^°'^!'^ fo- 
 ordam and require, that upon every vacancy m the office of fuper- occaiionai 
 vifor, the affeflbrs, and in either of the other offices, the fupervifor 
 of the faid townffiip, fhall, within ten days next after any fuch va- 
 cancy firft happens, appoint the day for fuch eledion, and give 
 public notice thereof in writing under his, or their hands, by affix- 
 ing fuch notice on the church door, or other moft public place, in 
 the faid townffiip, at the leaft ten days before the day appointed for 
 fuch eledlion : and in default thereof, we do hereby require the 
 officer, or officers, of the faid townfhip, or the farvivor of them, 
 who, in the order they are herein before-mention.d, fh-^ll next fuc- 
 ceed him, or them, fo making default, within itu days next after 
 fuch default, to appoint the day for fuch eledtion, and give notice 
 thereof as aforefaid J hereby giving and granting, that I'uch pcrfon 
 or pcrfons as fhall be fo chofen by the majority of fuch of the free- 
 holders ot the faid townfhip as (hall meet in manner hereby direfted, 
 fhall have, hold, exercife, and enjoy, the office, or offices, to which 
 he, or they, fhall be fo elected and chofen, from the time of fuch 
 clcAion, until the firft Tuefday in May then next following, and 
 until other, or others, be legally chofen in his, or their place and 
 
 ftead; 
 
 ^ 
 
 Ik 
 
 i(»s 
 J 
 
 ■■(. I 
 
 ' 'I 
 
 
 '•; :l 
 
 ■i 
 
 .1 
 
 :| 
 
 ' |t| 
 
Conrfition that 
 the grantp^s 
 fh.ill within the 
 fpafi jftliree 
 Tears fettle at 
 leaft one family 
 for every thou- 
 t'and acres upon 
 the premifes. 
 Condition that 
 they /hall v^ithin 
 the fpace of three 
 rears cultivate 
 «t leaft three 
 acres for every 
 fifly of the pre- 
 Tnifes. 
 
 Condition, not 
 to deflroy the 
 pine tree.'- re- 
 ienred in this 
 grant to the 
 crown, without 
 f he king's leave. 
 
 ftead, as fully as the perfon, or perfons, in whofe place he, or 
 they, fliall be chofen, might, or could, have done by virtue of 
 thefe prefents. And we do hereby will and direiSl that this method 
 (hall for ever hereafter be ufed for the filling up all vacancies that 
 fhall happen in any or either of the faid offices between the annual 
 eledions above direded. 
 
 Provided always, and upon condition neverthelefs, that, if our 
 faid grantees, their heirs, or affigns, or fome, or one, of them, 
 (hall not, within three years next after the date of this our pre- 
 fent grant, fettle on the faid tra£t of land hereby granted fo many 
 families as (hall amount to one family for every thoufand * acres 
 of the fame traft ', or, if they our faid grantees, or one of them, 
 their, or one of their, heirs, or affigns, fhall not alfo, within three 
 years to be computed as aforefaid, plant and efFedually cultivate at 
 the leaft three acres for every fifty acres of fv.'ch of the hereby 
 granted lands as are capable of cultivation ; or if they our faid 
 grantees, or any of them, their, or any of their, heirs, or affigns, 
 or any other perfon, or perfons, by their, or any of their, privity, 
 confent, or procurement, fhall fell, cut down, or otherwife deltroy 
 any of the pine trees by thefe prefents referved to us, our heirs and 
 fuccefTors, or hereby intended fo to be, without the royal licence of 
 us, our heirs or fuccefTors for fo doing firft had and obtained, that 
 then, and in any of thefe cafes, this our prefect grant and every 
 thing therein contained fhall ceafe and be abfolutely void, and the 
 lands P'ld premifes hereby granted fhall revert to, and veft in, us, 
 our heirs and fucceffors, as if this our prefent grant had not been 
 made ; any thing herein before contained to the contrary in any- 
 wife notwithftanding •f'. •■ - - 
 
 ■ ' "" V'" ' '•• Provided 
 
 r I 
 
 I 
 
 * The claufe requiring one family to be fettled on every thoufand acres, flands on an 
 order of the governour and council. 
 
 The following claufe was here inferted in the original draft ; but was flruck out 
 by the council as improper, it being confidered as a conlhuftion or explanatioB 
 of the king's inftruftions, which they thought Ih6uld be left to the confhu(5li6n 
 of law. 
 
 t Declaring neverthelefs that neither this refervation or exception herein contained of 
 all white pine-trees and of ali other forts and fpcciesof pine-trees whatfocver fit for m*ft«, 
 
 of 
 
 %• 
 
[ 257 ] 
 
 Provided further, and upon condition alfo neverthelefs, and we jy" ^J'"^ 1^''^ 
 do hereby, for us, our heirs and fucceilors, direct and appoint that tiief«-.tary's 
 this our prefent grant ihall be regiftered and entered on record jorifet'I hereof 
 within fix months from the date thcicof in our fecretary's office in aud-[^'i'o^!l 
 our city of New York, in our faid province, in one of the books of 
 pa ^nts there remaining, and that a docket thereof fliall be alfo en- 
 tereu in our auditor's office there for our faid province ; and that in 
 defauh thereof this our prefent grant Ihall be void and of none effecft ; 
 any thing before in thefe prefents contained to tJtie contrary thereof 
 in any-wife notwithftanding. 
 
 And we do moreover, of our efpecial grace, certain knowledge, when duly re- 
 
 , . ^ 1 ' 1 1 • r j;,i(tei-ed and en- 
 
 and meer motion, conient and agree, that this our prelent grant, tercj, this grant 
 being regiftered, recorded, and a docket thereof made, as before fna'v'au.Hn'w 
 diredted and appointed, fliall be good and effedtual in the law to all "g^iifttheking 
 
 n i-L- 1 r 1 r • r> iioLwithll.ind- 
 
 II 
 
 'l«i 
 
 -••&» '"•■' •• to' "- — — tr — — — — ' — ' ' * *** 
 
 any-wife concerning, the above granted, or hereby mentioned, 
 or intended to be granted, lands, tenements, hereditaments, and 
 premifes, or any part thereof. 
 
 In teftimony whereof we have caufed thefe our letters to be made 
 patent, and the great feal of our faid province to be hereunto 
 affixed. 
 
 of the dinmetcr of twenty-four inches and upwards at twelve inches frona the ground, for 
 ma.fts for the royal navy of us, our heirs and fucceffors, nor the reflriftion, or provifo, 
 afore- mentioned to prevent the felling, cutting down, or otherwife deftroying the fame, 
 nor any other rcfervation, exception, natter, or thing herein before contained, fhall ex- 
 tend, or be conftrued to extend, to prohibit, or in any-wife hinder, the faid A, B, C, D, 
 &c. or cither of them, their, or either of their, heirc, or afligns, from fuch felling, or 
 cutting down, of any of the faiJ trees on the hereby granted lands, as (hall be neccfTary 
 and conducive to the clearing and effeftually cultivating the fame or any part thereof, 
 or to or for their, or anyof their, own neceffary ufe or ufes, on the fame lands; but to pre- 
 vent their, or any, or either, of their, cutting down, felling, or otherwifc deftroying, any 
 of the faid pine-trees on any part of the hereby granted lands, when not clearing to be 
 cultivated and neceffary for the cultivation thereof; and to preferve all fuch trees on every 
 part of the fame lands, when out of cuhivatioa, for the ulc of us, our heirs and fucccffors, 
 as aforefaid. 
 
 11^ 
 
 ;lfS 
 
 Kk 
 
 Witnef* 
 
 i' I 
 
[ 2S» ] 
 
 Witnefs our faid trufty and well-beloved Sir Henry Moore, 
 baronet, our faid captain ^general and governour in chief in and 
 over our faid province of New York and the territories depending 
 thereon in America, chancellor and vice-admiral of the fame, at 
 our fort in our city of New York the t^;^entieth Day of July in 
 the year of our Lord one thoufand, feven hundred, and fixty-nine, 
 and of our reign the ninth. 
 
 CLARKE, 
 
 H. MOORE. 
 
 ' 1 
 
 'i 
 
 , , . 1 . i . 
 
 ,1 
 
 ■ I ., ' ■■ • : ( 
 
 
 J I . ! _ • , ■ ■ i 
 
 
 
 .■^. .f 
 
 ' I ■ (■ , . 1 
 I '■ ; , 
 
 'I . 
 
 f ! ■ » ,:> 
 
 NUMBER 
 
ore, 
 and 
 iing 
 I, at 
 ^ in 
 iine» 
 
 E, 
 E. 
 
 [ 259 ] 
 
 NUMBER XXXII. 
 
 ■, ! r 
 
 TN the foregoing paper. Number II. intitled, T^e opinion of the 
 *■• attorney -general of the province of ^cbec concerning the report 
 of the governour of the Jaid province on the Jlate of the lanvs and 
 adminijiration of jujiice in the fame. Page 53, it is recommended 
 as a pradticable and ufeful meafure to make a code of all the laws 
 that his Majefty (hall think fit to be obferved in the faid province, 
 to the exclufion of all other laws, whether French or Englifh, that 
 are not contained in the faid code. As a proof of the practica- 
 bility of this meafure, and as a fpecimen of fuch a code with refpedt 
 to one head of law, which had been the fubje£t of feveral regula- 
 tions in the time of the French government, I (hall here infert the 
 draught of an ordinance for repairing and amending the public high- 
 ways and bridges in the province of Quebec, which was prepared 
 by the faid attorney-general, by the order of the governour and 
 council of the faid province in the year 1769, but has not yet been 
 paffed. It is a coUedion of the moft ufeful provifions contained 
 jn feveral French ordinances that had been paffed at different times 
 upon the fubjed, with fome additions to them, and very particu- 
 lar diredions about the manner of recovering the pecuniary penal- 
 ties appointed for negledts and breaches of it, in order to render the 
 execution of it eafy and certain ; which diredions are in a great 
 meafure the caufes of it's length. 
 
 1 
 
 I 
 
 'w 
 
 M 
 
 V 
 
 •i-i 
 
 1;-; 
 
 
 «f. 
 
 J E R 
 
 Kk 2 
 
 A DRAUGHT 
 
 1 
 
 i 
 
 V'\ 
 
I 260 ] 
 
 m 
 
 A DRAUGHT of an ORDINANCE for repairing 
 and amending the public Highways and Bridges in the 
 Province of QjJ e b e c. 
 
 fieambi?. TTTHEREAS it has been found by the experience of more 
 ^ than three years, that the feveral provifions made by an ordi- 
 nance of the governour and council of this province, and dated on 
 the twenty-feventh day of March in the year of our Lord one thou- 
 fand, {even hundred, and fixty-fix, and intitled, ** y4n Ordinance for 
 repairing and amending the highways in this provincet' have not had 
 the defired effedt of caufing the laid highways to be duly repaired 
 and amended ; but that, notwithilanding the faid ordinance, the 
 faid highways continue to be in a condition that is not oaly incon- 
 Tenient, but even dangerous, to travellers : and it is now the opi- 
 nion of his excellency the governour of this province and the council 
 of the fame, that a fet of provifions and regulations for this purpofe, 
 nearly refembling thofe which were obferved in this province in 
 the time of the French government thereof, and which the inhabi- 
 tants of the faid province were for many years accuflomed to follow, 
 would be more likely to be carried into due execution, and to an- 
 fwer the beneficial ends fo much to be defired : it is therefore or- 
 dained and enadled by his excellency the captain-general and go- 
 vernor in chief of this province, by the advice and with the confent 
 of the council of the fame, that, 
 
 S E C T I O N I. 
 
 Riyeaiofthe Thc aforcfaid ordinance dated on the twenty-feventh day of 
 i7th" of March, March in the year of our Lord one thoufand, kv(tn hundred, and 
 ti66i fixty-fix, intitled, ** jin Ordinance for repairing and amending the 
 
 highways in this province" ftiall be from the day of th ' publication of 
 5nd likewifc of this oriiinance utterly void and of no effect ; and that all other 
 Kian'ng'to'^he l^ws, ftatutcs, ofdinances, and cuftoms whatfoever, whether they 
 p»^iic highways be laws of England or any other laws whatfoever, concerning the 
 manner of repairing and amending public highways, and the build- 
 ing and repairing public bridges in this province, which may 
 
 either 
 
[ *6i ] 
 
 either have been in force, or have been fuppofed to be in force in 
 this province before the prcfent time, fliall in like manner be, from 
 the day of the publication of this ordinance, utterly void and of no 
 effedt : and that from that day forwards the following rules and 
 directions for the repairing and amending the public highways and 
 bridges in this province ihall be obferved in their flead. 
 
 SECT. II. 
 
 Whereas there are three forts of public highways in this province, Th<ie are three 
 to wit, firft, thofe called in the time of the French government of Sjh^°J/,"|i'= 
 this province C/jemins Roy aux, or Chemins du Roy, that is, royal '';^'P'^°^J,"j^'^^f^ 
 highways, or king's highways, the foil of which belonged formerly vays. 
 to the French king, and now belongs to his moft excellent Majefly 
 our fovereign lord the king of Great Britain ; which royal highways 
 are ufually carried along the fronts of the leveral feigniories, or 
 large tradts of land granted by the crown, and holden of the fame 
 by the feveral grantees thereof, by the tenure of fealty and homage, 
 between the faid feigniories and the river Saint Lawrence, or other 
 rivers near which the faid feigniories lie; and, fecondly, thofe *f *eig«euiiji 
 called in the time of the French Government Chemins de Ceinture et '^'""*^'' 
 de Traverfe, the foil of which for the moft part belongs to the 
 owners of the feigniories, and which may therefore with propriety 
 he nom'mited Jeigneun'al /jtg/jivays i which run either at the back of 
 the faid feigniories, fo as to inclofe or furround them from behind, 
 or through the laid feigniories at the end of one, or two, or three, 
 or more rows of the fmall lots of land granted by the feigniors to 
 their tenants, to be holden of them by rent-fervice, and which are 
 nearly parallel to the former highways called the king's or royal 
 highways ; and, thirdly, thofe public highways which, during the 3^. Pea/ints 
 time of the French government, were called Chemins de Sortie tt </^ roads.'"' '^'" 
 Communication t and which run acrofs the two former fets of roads 
 called the Chemins du Roy, or royal highways, and the Chemins de 
 Ceinture et de 'Traverje, or feigneurial highways, nearly at right 
 angles, and in diredtions parallel, or nearly parallel, to the fides, 
 or depths, of the feveral feigniories through which, or between 
 which, they pafs, and which were made principally for the conve- 
 nience and benefit of the feveral peafants, or tenants by rent-fervice, 
 that inhabit the faid feigniories, as outlets for them to pafs from the 
 
 faid 
 
 I!;; 
 
 i 
 
 %\' 
 
 I 
 
 41, 
 m 
 
 hfi 
 
[ 26a ] 
 
 i 
 
 \i 
 
 Ivei-y occupUr 
 or owner of 
 land adjoining 
 tn uny roy.il or 
 feigncurial 
 hignway, fhall 
 keep the faid 
 highway in re- 
 pair before his 
 own Undi 
 
 faid feigniorics into the royal and feigneurial highways before-men- 
 tioned, and, for the mod part, pafled through and upon the foil of 
 fome of the faid pcafants, and which may therefore with | -opriety 
 be denominated Pea/ants Roads, or Bye-roads, and will be lo deno- 
 minated in the fubfequent part of this ordinance : it is hereby or- 
 dained and declared by the authority aforefaid, with lefp'-dt to all 
 public highways of the two firft kinds above-mentioned, to wit, 
 royal highways and feigneurivil highways, or the Chemins de Celnture 
 et de Traverfe, in this province, that every pcrfon who occupies any 
 land adjoining to any royal or king's highway, or to any feigneurial 
 highway in this province, fliall keep in good repair fo much of the 
 faid highway as is contiguous to the land occupied by him through- 
 out one half of the breadth of the faid highway. 
 
 And where any lands adjoining to any fuch highway happen to 
 be unoccupied, the owner of the faid lands (hall be obliged to keep 
 the faid highway in good repair for the diftance through which the 
 faid lands are contiguous to the faid highway in the fame manner 
 as the occupiers thereof would have been, if the faid lands had hap- 
 pened to be occupied. And the owners of fuch lands fliall be 
 bound to this duty in all cafes, as well when the faid lands are in 
 their natural ftate, and covered with wood, as when they have been 
 cleared. 
 
 ftich ilnds'^A- And all owners of fuch lands whatfoever, as well thofe who hold 
 ^"^«*«pjj^°"j them in a joint capacity, fuch as the religious focieties of monks 
 to perform this and nuns that ftil) fubfift in this province, as thofe who hold them 
 ***"'* in a feparate and private capacity; and likewife all perfons who 
 
 hold lands for th(; ufe of others, fuch as the managers and directors 
 of hofpitalsj and likewife thofe who hold lands in the right of 
 others, fuch as the guardians of children not yet come to years of 
 difcretion, and of lunatic perfons, (hall be bound to perform this 
 duty of repairing and keeping in good repair the aforefaid royal and 
 feigneurial highways adjoining to the lands in'their po(re(rion in the 
 manner above diredled. And thofe who hold fuch lands for the ufe 
 of, or in the right of, others, may dedudl in their feveral accounts with 
 the perfons to whom they are accountable, fuch reafonable expences 
 as they (hall have incurred in performing, or caufing to be per- 
 formed, this nccc(ri»ry duty. 
 
 SECT. 
 
C a63 ] 
 
 •e-men- 
 e foil of 
 "opriety 
 o dcno- 
 eby or- 
 a to all 
 to wit, 
 Celnture 
 pies any 
 gneurial 
 :h of the 
 ;hrough- 
 
 ippcn to 
 1 to keep 
 hich the 
 manner 
 [lad hap- 
 {hall be 
 Is are in 
 ave been 
 
 vho hold 
 
 monks 
 
 Id them 
 
 Ions who 
 
 diredors 
 
 right of 
 
 years of 
 
 prm this 
 
 oyal and 
 
 3n in the 
 
 r the ufe 
 
 jnts with 
 
 expences 
 
 be per- 
 
 E C T. 
 
 SECT. III. 
 
 And whereas the lots of land granted to the feveral peafants, orofhycrvkh, 
 tenants by rent-fervice, in this province, arc for the moft part of a°gjj"""" 
 great depth in comparifon of their breadth or front (being often- 
 times of the depth of thirty, and fometimes of forty, French 
 arpents, and of the breadth of only three of the faid arpents) ; and 
 the feveral public highways in this province of the third clafs above- 
 mentioned, which are called in this ordinance bye-roads, or peafants 
 roads, run through the faid lots of land in the directions of their 
 depths or longer dimenfions; by means v^ 3of it would be unrea- 
 fonably burthenfome to the owners and jupirrs of the lands ad- 
 joining to fuch bye-roads to be obliged pu - the faid bye-roads 
 throughout the whole fpacc or length i ' they are contiguous 
 to their faid lands: it is therefore era x.icd and declared by the Bye-roads, or 
 authority aforefaid, that the occupiers and owners of the lands adjoin- areno'w'i'erl!. 
 ing to fuch bye-roads, or peafants roads, fliall not be obliged to p^^',"*;^^^ ^^^ 
 repair fuch parts of the faid bye-roads as are contiguous to their faido«"5'?°f''^= 
 lands } but that the faid roads (hall be repaired and kept in good repair butTy^Vuch ' 
 by a much greater number of the occupiers and owners of land in^["hTo"c!J^p^er$ 
 the refpedtive parifhes in which the faid bye-roads lie, to wit, by ^"-^ <>.«'"=" °f 
 fuch of the occupiers and owners of land in the faid parifhes, whe- riLs'jn 'ulLh 
 ther they live near the faid bye-roads or at a diftance from them, roajfitl'lp- 
 as fhall be commanded to repair them by the furveyor-general of theP"''"f'''l'"=- 
 
 r i 1•/^•-^•1•ll ^• 1 n \\ • unto by tLe liir- 
 
 highways for the diltrict m which they lie, who ihall appoint them veyors-gcnerai 
 thereunto in the following manner. oahekighwa,. 
 
 The furveyor-general of the highways of each diftrlft of the pro- Manner of their 
 
 /l-11-r^j • rui. J'l-'J'/l'rL' apportioning a 
 
 vince mail vifit and examine every fuch bye»road in his diftrict, inbye-roaj.oipe^. 
 company with the bailiff and fub-bailiffs of the pari/h in which it iJ^o^Thc fw- 
 lies, and of at leaft fix more of the moft honeft and difcreet occu- '■'[ ["'j'^aiHt" 
 piers of land in the faid parifli, in order to know the length and 
 breadth of the faid* bye-road, and the nature of it's foil, and the 
 degree of difficulty of keeping it in good repair, and it's diftance 
 from each extremity of the faid parifh, and to difcover to which of 
 the inhabitants it will be moft elpecially ufeful. And after having 
 made fuch view thereof, the faid furveyor-general of the highways 
 /hall draw up a written order for repairing the faid bje-road, in 
 
 4 which 
 
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 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
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 11.25 
 
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 33 WBT MAIN STRUT 
 
 WIBSTIR,N.Y. USM 
 
 ( 71* ) 172-4503 
 
 '^ 
 
[ 264 ] 
 
 i 
 
 Bye-roads (hall 
 
 Nl'?' 
 
 be kept in the 
 
 ftii 
 
 fame kind of 
 
 Kl 
 
 repair by the 
 
 Bf 
 
 perforsamongft 
 
 Bii. 
 
 whom they are 
 
 HHr 
 
 apportioned, as 
 
 H'4 
 
 royal and feig- 
 
 M||t 
 
 ncurial high- 
 ways by the oc- 
 
 Bk 
 
 B!w 
 
 cupiers and 
 
 |HSj< 
 
 owners of the 
 
 Hbw 
 
 lands adjoining 
 
 mIe 
 
 to them. 
 
 which he ffiall dircd that the occupiers or owners of certain lots 
 of land in the faid parifh (which lots of land he fliall particularly 
 defcribe in the faid order, and mention therein the names of the 
 prefent owners and occupiers of them) being in his judgement thofe 
 who reap the moft confidcrablc benefit from the faid bye-road, 
 fhall thenceforwards be bound to keep the faid bye-road in repair : 
 and, if he is of opinion that the {aid bye-road is highly beneficial 
 to all the occupiers and owners of land in the faid parifh, he fliall 
 in fuch cafe diredl in the faid order that all the faid occupiers and 
 owners of land, that is to fay, all the occupiers of occupied land, 
 and owners of unoccupied land, in the faid parifh, fhall thence- 
 Tho.t perronj forwards be fb bound : excepting only in both cafes the occupiers or 
 thc°foii of ary owncrs of thofe lots of land out of which the foil of the faid bye- 
 teTKcmpt^j ' road was taken, who, in confideration that they, or their predecefTors 
 IZ'Ho^'' *""'". "^ ^^^ pofTeffion of the faid lots of land, whofe cflate therein they 
 inj} it. have, did heretofore furnifh the foil of the faid bye-road out of their 
 
 faid lands for the ufe of the public, fhall be exempted from the 
 labour of keeping the fame in repair. And further the faid furveyor- 
 general of the highways fhall, in his faid written order for repairing 
 the faid bye-road, afHgn, or allot, to each of the faid occupiers and 
 owners of land that fhall be fo bound by the faid order to keep 
 the faid bye-road in repair, a particular portion of the faid bye-road, 
 to be kept by him in good repair. And each of the faid perfons 
 fliall keep the faid portion of the faid bye-road fo allotted to him in 
 conflant good repair throughout the whole breadth of the faid bye- 
 road. 
 
 And all the rules hereafter-mentioned concerning the kind 6f 
 repair in which the royal and feigneurial highways above-mentioned 
 are to be kept by the occupiers and owners of the lands adjoining 
 to them, fhall extend equally to thefe bye-roads, or peafants roads : 
 and the feveral perfons, to whom the feveral portions of thefe bye- 
 roads fhould be allotted by the furveyors-general of the highways in 
 the manner here mentioned, fhall be under the fame obligations 
 with refpe'^ to thofe portions of the faid bye-roaJs, and liable to 
 the fame penalties for any negle<fl of their duty concerning them, 
 as the owners of land adjoining to the. faid royal and feigneurial 
 highways are with refped to thofe parts of the faid highways which 
 are contiguous to their refpedive lands. 
 
 A'ld 
 
t «65 ] 
 
 And when the faid furveyor-general of the highways (lull have t»v, f^pks of 
 made fuch a written order as aforefaid for repairing any bye-road 'J'/j!'',7t7of! 
 and apportioning; it among the feveral perfons who are to repair it, d^/ot >cf»,>"";; 
 he iliall caufe two copies of the laid order to be made upon parch- in^oicha bji- 
 ment, either in print or in a very fair charader of hand- writing, n°al''!ipon'' 
 and (hall fubfcribe his name to them j and then (hall deliver one of j!^',^^^™^.^';, '"'* 
 thefe copies of the faid order to the high bailiff of the parish in thefaiaiunvy- 
 which fuch bye-road lies, to be by him carefully kept during his rnfofThen/''' 
 continuance in his office, and then deUvered over to the next high '^^'"^^deiivcrcj 
 
 bailiff of the faid parifh, and fo on to the following high bailiffs in liffoftiicparim 
 fuccefTion ; 
 
 c pa 
 
 and (hall deliver the other copy of the faid order to (?id*bye.'ro'd 
 
 the governour and council of the faid province to be kept among '.'"-"''Kh'.p' 
 the records of the faid council. 
 
 by him and his 
 
 fuccelTors; and 
 
 the other lliali 
 
 be dchvcrej tn 
 
 And if any of the faid occupiers or owners of land in any parifh Il'.aloundi'ot- 
 in this province, to whom the charge and burthen of repairing ||^=^p""'''"^'^'^'' 
 certain portions of a bye-road in the faid parifh fliall have been thus the records of" 
 afTigned by the furveyor-general of the highways for the diftridt in fconsajgriev- 
 which it lies, (hall think themfelves aggrieved by fuch apportion- *'^ ''>'"''= '^""r. 
 
 , _ . OO • 1 i ^1 *^*^ veyor-fveneral's 
 
 ment, they may complain thereof ma memorial to the governour appo«'oi™ent 
 and council of the faid province, who will thereupon duly conlider may'^b^'reikved 
 the grounds and merits of the faid complaint, and either quafli, |l]^n"J'f^e'T. 
 amend, or confirm the faid order of the furveyor-general of the '^'■nour ani 
 highways for repairing and apportioning the faid bye-road, as they province/'*' 
 (hall find occa(ion. 
 
 And 
 
 And in like manner where it (hall happen in procefs of time, by The like m*. 
 the increafe of the number of the occupiers and owners of land in laken'^vhcn''by 
 any parifh, that a former apportionment of a bye-road in the faid lnTthe°incr"afe 
 pari(h, though made at firfl with equity and difcrction, becomes "^f''^ "'?'"''" 
 inconvenient to the inhabitants of the faid parifh, and a new ap- L the parTnira 
 portionment thereof becomes necefTary, the inhabitant:, of the faid mJnt'ofTbJe' 
 parifh (hall apply to the governour and council of the province by a '^'"'' 'f '"^'°'"« 
 memorial, fetting forth the inconveniences they labour under from "'" "^' 
 the apportionment then in force, and defiring the faid governour 
 and council to caufe the furveyor-general of the highways of the 
 diflrift in which fuch bye-road lies, to take a view of the faid parifh 
 and bye- road, and to make a new order for repairing and apportion- 
 ing the faid bye-road more fuitable to the then circumftances of the 
 
 L 1 faid 
 
 M 
 
 *. ' 
 
 m\ 
 
'[ 266 ] 
 
 faid parifh ; and the fald governour and council (hall take fuch order 
 therein as Hiall be fitting. 
 
 • ," ' ^- , v.; S E C T. IV. . ■ •' ■ •'' • - 
 
 ^id'"*' 'b^'th''* ^^'^ ** ^^^^ ^^ deemed a neceflary part of the duty of repairing 
 
 fij«yf"very and keeping i i good repair any public highway, to make a ditch 
 
 a^"d kfpSJrn^' on each fide o it, and to keep the fame open and clean during the 
 
 i'^^''^^|^''_"^'*"""« whole fummer feafon. And thefe ditches fliall be at leaft two feet 
 
 icaion. in depth, and two feet in breadth at their tops and one foot in 
 
 breadth at their bottoms ; and in fome places they fliall be made of 
 
 a greater depth and breadth, according to fuch directions as (hall 
 
 be given for that purpofe by the high bailiffs of the feveral parifhes 
 
 in which they lie, agreeably to the powers that are given to the faid 
 
 high bailiffs in this behalf in the fubfequent part of this ordinance. 
 
 SECT. V. 
 
 'r,.r 
 
 Thefiirfaceof And it (hall be deemed another neceffary part of the faid duty of 
 
 wS?wa?''£u repairing and keeping in good repair the faid public highways, to 
 
 bT'^ln'^"* keep the furfacc thereof as even as may be; and, for that purpofe, 
 
 downTeaps and to fill Up all the holcs that fhall be found therein, and to dig down 
 
 andKtteV all thc rifiug hcaps of fnow or earth that may be formed thereon, 
 
 faliwALibe ^"^ '° fpread the materials thereof upon the lower parts of the faid 
 
 Ttmoved. highways ; and to remove all obflacles that may happen to be on 
 
 the faid highways, fuch as loofe pieces of wood, broken carriages, 
 
 dead horfes, or dogs, or other animals, and loofe flones of more 
 
 than three inches in length, and, in general, every thing that may 
 
 be any hindrance or inconvenience to perfons that fliall travel on the 
 
 lame. ' ' ' . ' ■•■ ' ""' " ' ^ " *- •/ 
 
 S E C T VI. 
 
 wooc 
 
 of tl 
 
 after 
 
 ever 
 
 left 
 
 fuch 
 
 Small bridges And whcrc a little ftream, or rivulet, not more than four feet 
 ^Mtr n^°more widc, ruus acrofs any public highway, it (hall be the duty of the 
 wWcAaiite" perfon or perfons who is or are obliged by the fccond or third 
 built and kept fejf^ion of this ordinance to keep in repair that portion of the faid 
 
 3u repair I'y the , i_ • i /- i • i *^ i* • ' i . i i . 
 
 ptrfous who are highway m which lucn nvuletruns acrols it, to make and keep up in 
 
 conilant 
 
li order 
 
 pairing 
 a ditch 
 •ing the 
 wo feet 
 foot in 
 nade of 
 as (hall 
 pariQies 
 the faid 
 inance. 
 
 . Alls*- 
 
 . duty of 
 vays, to 
 purpofe, 
 ig down 
 thereon, 
 
 the faid 
 to be on 
 arriages, 
 
 of more 
 hat may 
 :1 on the 
 
 four feet 
 
 ty of the 
 
 or third 
 
 the faid 
 
 eep up in 
 
 conftant 
 
 [ 267 ] 
 
 conftant good repair a ftrong and fafe bridge over fuch ftream, or rivu- Ji"ofc"pTru S ' 
 let, of the fame breadth with the faid highway, fo as to reach from *''« p"|'''^ ''■s'^" 
 the ditch on one fide of fuch highway to the ditch on the other i^cyarJituV- 
 fide thereof. But bridges over rivers, or ftreams of water, that are ^,;t i,,ij.,„ 
 more than four feet wide, and that run acrofs pubUc highways, " "" '''if 
 ihall be made and kept in repair by the joint labour and at the joint nuUbciuiiitnui 
 expence of all the inhabitants of the pariflies in which they are[of,u'kbour'ot 
 fituated, who (hall follow and execute the directions that fliall be ^-l^'^i^VotM 
 given them for that purpofe by the high bailiffs of the faid pariflies r '!'';«!" 
 refpedively, in purfua^ice of the powers given to the faid bailiffs nluiud ''' 
 by the fubfequent claufes of this ordinance. 
 
 Che 
 
 tbcy ar« 
 
 i ■ «; 1 ■ , •'.•>:* J ,. ;'^-:!T\ 
 
 
 .., .|,, 
 
 , S P C T. , VII. 
 
 t I. 
 
 And to the end that the public highways of this province may The ground nuu 
 receive the full benefit of the fun-fliine and wind in fummer, and tr^ccVami iv.rubs 
 be thereby kept as dry as may be, and that the fnow may not be [['[,{''.' e«oa°' 
 gathered upon them in great and dangerous heaps in winter, nil "ch njc of 
 occupiers and owners of land adjoining to any public highways inui^iLfy. '' 
 the faid province are hereby required to cut down, and grub up by 
 the roots, and carry away all the wood, both trees and (hrubs and 
 other underwoods that may be growing on their faid lands for 
 the fpace of thirty feet on each fide of fuch highway (excepting 
 fruit trees, and all fuch trees and plants as may be growing in any 
 gardens or orchards, or before any houies on the faid highway) j 
 under pain of forfeiting the fum of two Spanifli dollars in cafe any 
 wood be found growing on their faid lands within the faid fpace 
 of thirty feet from either fide of any of the faid highways, on or 
 after the firft day of June next, and other two Spanifli dollars for 
 every fubfequent fix months during which the faid wood fliall be 
 left upon the faid lands within the faid diftance of thirty feet from 
 fuch highway. 
 
 SECT. VIII. 
 
 And it fliall be the duty of the owners and occupiers of the lands Thoperr.m 
 adjoining to any royal or feigneurial highway, and of thofe perfons h ta|rep"i7the 
 to whom the duty of repairing any bye-road fhall belong by virtue rHyl'ihif'hct 
 of any fuch order of apportionment as is defciibed in the third ''"^^'"'"^^'^^'"^^ 
 
 LI a 
 
 fed ion 
 
 on the i'iiid 
 
 m 
 
 ^\ 
 
 !t 
 
 ill 
 
 
 
 '!''■ 
 
 I' 
 f ■( 
 
 ;.f 'i 
 
 y 
 
[ 268 ] 
 
 highways with 
 rpades and 
 fhoveU after 
 fvpry new fall 
 of fnow. 
 
 All travellers 
 on the public 
 h'.ghv.-ys (hall 
 keep on thofc 
 fides thereof 
 which lie on 
 their right- 
 hands as they 
 are travelling. 
 
 I. 
 
 fe£lion of this ordinance, after every new fall of fnow in the winter 
 feafon, to beat down the fnow on the faid feveral public highways 
 with fpades and fhovels, or other implements proper for that 
 purpofe, and to drive their flays, or fleds, or other carriages, over 
 them, for the fpace of one half hour } to the end that the fnow on 
 the faid highways may be thereby made clofe and hard, fo as to be 
 fit to bear the carriages of fuch perfons as may have occaflon to 
 travel on the faid highways. And this they (hall do for the breadth 
 of ten feet, to wit, five feet on one fide of the road, and five feet 
 on the other, leaving between the paths fo beaten and prefled down 
 a middle fpace of at leaft two feet in breadth, in which the fnow 
 ihall either be left in its natural ftate without being beaten and 
 prefled down at all, or at leafl: fliall be lefs beaten and prefixed 
 down than the fnow jn the other two tracks above-mentioned of 
 the breadth of five feet each j fo that the faid two tracks may make 
 two difi^erent and diftin£t roads manifeftly feparated from each other 
 by the faid middle fpace of loofer fnow ; to the end that perfons 
 who are travelling in contrary dire<Sions on the faid highways may 
 travel on different parts thereof, to wit, in the faid two fcparate 
 tracks, and may by that means be enabled to pafs by each other 
 without any inconvenience. And, in order thereunto, all perfons 
 who ftiall travel on any public highway in this province are hereby 
 injoined and commanded to keep themfelves, as much as pofTible, 
 on that fide of the faid highway which lies upon their right hands 
 as they are travelling ; by means whereof thoie who are travelling 
 on the fame highway in contrary diredlions will always be on dif- 
 ferent fides thereof. And this rule fliall be obferved by all travellers 
 on the faid public highways in all parts of the year, the fummer as 
 well as the winter. . . .^ * 
 
 ..J i; 
 
 ;.(i.L., ;i iCit 
 
 ! ; 
 
 And if any perfon that is travelling on any of the faid public 
 highways in this province, either on horfeback, or in a flay or fled, 
 or calafh, or cart, or any other carriage, fliall happen, contrary to 
 the rule here laid down, to be on that fide of the faid highway 
 which lies upon his left-hand as he is travelling, and (hall meet ano- 
 ther perfon coming the contrary way, either on horfeback, or in 
 a flay, or fled, or calafh, or cart, or any other carriage, on the 
 fame fide of the faid highway, fo that they cannot fafcly and con- 
 veniently pafs by each other, without turning afide from the track 
 in which they are going, it (hall be the duty of the firfl: of the 
 
 faid 
 
 to 
 
 a 
 
 and 
 
 or 
 
 ma| 
 
 to 
 
 I I. 
 1» ' 
 
C 269 ] 
 
 faid perfons, who is on the left-hand fide of the road, to yield the 
 way to the other, and to go without delay to the right-hand fide 
 of the faid highway : and if he (hall refufe fo to do, he fliall forfeit 
 the fum of one Spanifli dollar for fuch his refufal, and (hall like- 
 wife be anfwerable in an adtion at law to the other perfon aforefaid 
 for all the damage which (hall accrue to fuch other perfon, or to the 
 horfes of fuch other perfon, or to his carriage or carriages, or to any 
 of the things contained in them, in confequence of fuch refufal. 
 And the faid forfeiture of one Spani(h dollar may be fued for and 
 recovered by any perfon whatfoever before any onejuftice of the 
 peace of the diflridt in which fuch refufal (hall be made, by an 
 information made before fuch juftice, who is hereby authorized 
 and required to hear and determine fuch information in a fimi- 
 mary manner, and upon the oath of one credible witnefs (being 
 fome other than the informer himfelf who fues for the faid 
 penalty) and to levy the faid fum, together with the cofls of 
 fuing for the fame, upon the goods and chattels of fuch offender. 
 And half tiie faid fum of one Spaniih dollar (hall belong to the faid 
 informer who (hall have fued for the fame, and the other to the 
 king's majefty. But no profecution of this kind (liall be brought after 
 the (pace of two weeks from the time of committing the faid offence. 
 
 
 'ijff^('jq 
 
 SECT. IX. 
 
 , or m 
 on the 
 ■id con- 
 He track 
 of the 
 faid 
 
 And further, to the end that the fnow may be always kept hard sieJr, or iiays, 
 
 ^ , , . , , / • 1 1 or hoiufdcaltle, 
 
 and well prefled down m the two tracks above-mentioned on the ihaii be driven 
 feveral royal and feigneurial highways in this province throughout royui'I'nViag.''' 
 the winter feafon, it (hall be the duty of every occupier and owner "f^jfj't'fls' 
 of land adjoining^to any of the fiid royal and feigneurial highways piovinceaticafi 
 (over and above the before-montioned duty of beating down the d'aVi'rt'iK «:'/- 
 fnow on the two tracks in the faid highways above dcfcribed, with f"o'Jao"n'"''* 
 fpades or (hovels, or other proper implements, immediately after 
 every new fall of fnow in the manner prefcribed in the lail fedtion) 
 to come out, or to fend out fome perfon for him, with a horfe and 
 a flay, or fled, every day in the winter (eafon during the continu- 
 ance of the fnow upon he ground, at fome time in the forenoon ; 
 or if he has no horfe and carriage at home, to come out in like 
 manner, or fend fome perfon for him, with his cows or oxen, and 
 to drive, or caufe to be driven, the faid horfe and flay, or fled, or 
 the faid cows and oxen, at leaft fix times over that part of the faid 
 
 highway 
 
 i 
 1 ' 
 
 it 
 
 I 
 
 li 
 
 1.. 
 
tinjei' pain of 
 forltiimgoiic 
 
 [ 27Q ] 
 
 highway which he is obliged to keep in good repair, to wit, three 
 times in one diredion, and as often in the contrary direction ; unlels 
 he be hindered from fo doing by the continual falling of fnow, or 
 rain, during the whole forenoon, or by ficknefs, or by fome other 
 caufe that may reafonably excufe him therefrom. And whofoever 
 fourth pi.it of a fligll ncglctt fo to do withoiU a rcafonable excufe for fuch aegledlr, 
 spam*jaihr. ^^^ forfeit the fourth part of one Spanifli dollar for every fuch 
 negled, which fum may be fued for and recovered by the high 
 bailiff, or either of the fub-bailiiFs of the parifli in which fuch 
 offence fhall have been committed, at any time within one month 
 after the commiiiion thereof, by information before any onejuftice 
 of the peace of the diftrid in which it (hall have been committed, 
 who is hereby authorized and required to hear and determine fuch 
 information in a fummary manner, and upon the oatli of one cre- 
 dible wiinefs, and in cafe of a convidtion, to levy the faid fum of 
 the fourth part of one Spanish dollar, together with the cofts of 
 fuing for the fame, by a warrant in writing under his hand, upon 
 the moveable goods and chattels of fuch oiFender. ,, . . ,.. 
 
 S E C T X. 
 
 sicd;i and oiher And In Order to dimmifli, as much as poflible, the great number 
 to mafket^whh of hcaps and hollows in the public highways in this province, which 
 furnwhtdS''* ^^^ formed by the drifting and irregular fettling of the fnow upon 
 ho« or (hovels, the faid highways in the winter feafon, and which are found to be 
 very inconvenient to travellers, it (hall be the duty of every perfon 
 that brings a load of firewood to market in any fled or other carriage 
 to either of the towns of Quebec, Three Rivers, or Montreal, 
 during the continuance of the fnow upon the ground, to carry 
 with him an hoe or a (hovel, to the end that he may be able to 
 remove the heaps of fnow, and fill up tlie corre(ponding hollows 
 that he (hall happen to meet with in his journey to fuch market- 
 town. And if any fuch perfon (hall negled: to carry with him an 
 hoe or a (hovel on any fuch occafion, he (hall forfeit for every fuch 
 negle<a the fum of one half of a Spani(h dollar ; which may be fued 
 for and recovered, within one month after fuch negledV, by the 
 clerk of the market of the towa to which fuch load of firewood 
 (hall have been carried, or his fufficient deputy, or, where it hap- 
 pens that there is no clerk of the market, by the high bailiff of the 
 
 pari(h 
 
C 271 ] 
 
 parifli to which fuch town belongs, by information before any one 
 juftice of the peace of the diftrid in which fuch town is fituated, 
 who is hereby authorized and required to hear and determine fuch 
 information in a fummary manner upon the oaths of two credible 
 wilnefles, and, in cafe of a conviition, to caufe the faid fum of one 
 half of a Spanifli dollar, together with the cofts of fuing for the 
 fame, to be levied, by a warrant or order in writing under his 
 hand, upon the goods and chattels of fuch offender. 
 
 I 
 
 lOVlllCC. 
 
 3 E C T. XI. 
 
 And it (hall be the duty of the feveral owners and occupiers of t f^n? poi« ov 
 land adjoining to any of the royal or fcigneurial highways in thismri, nmu be 
 province, and of the feveral perfons who (hall be bound to l<f ^'P 1-17 InVi".''' 
 any bye-road in the fame in repair by virtue of any fuch ordsr of •j;'^^ 'y'."'^. ■* 
 apportionment as is defcribed in the third fedlion of this ordinance, "vjys in this 
 during the winter feafon in every year, reckoning the fame from the^" 
 firft day of November to the firft day of May, to fix in the 
 ground, and keep up during the faid winter feafon, long poles, or 
 thin branches, or flips of trees, of the height of eight feet, on 
 both fides, and likewife in the middle, of the faid highways 
 between the tvs^o tracks before-mentioned of the breadth of five 
 feet each, at the diftance of thirty feet one from the other, in 
 order to mark out the road to travellers when the ground is 
 covered with fnow. In the royal and feigneurial highways each 
 ;:ierfon (hall fix and keep up thefe poles and branches on that fide 
 of every fuch highway which is neareft to the lands he owns 
 or occupies throughout that part of the faid highway n hich is con- 
 tiguous to his faid land; and (hall likewife fix and !L:ep up one 
 half of the poles, or branches that are to be fet up in tli,, middle of 
 the faid highway between the two tracks above-mentioned, to 
 wit, every other pole, or branch, in the faid middle row of poles, 
 beginning from that which lies fartheft on the right-hand of 
 fuch owner or occupier of land as he (lands on his own ground 
 with his face towards fuch highway. And in the peafants roads, or 
 bye-roads, each of the perfons among(t whom any bye-road is ap- 
 portioned, (liall fix and keep up all the faid three rows of poles, or 
 branches, throughout that portion of the faid bye-rroad which he is 
 bound to repair. 
 And 
 
 ii 
 
 I: Is 
 
 
 h 
 
 r 
 
 n 
 
[ 272 ] 
 
 And when any of thefe poles, or branches of trees on any of the 
 faid public highways happen to be blown down by the wind, or to 
 be thrown down by any other accident, or to be carried away, the 
 perfons who arc bound to fix them and keep them up as aforefaid, 
 ihall, as foon as pofiible, and, at fartheft, within the fpace of fcven 
 days after fuch accident, iet the faid poles, or branches, up again, 
 or fet others in their room ; under pain of forfeiting one Spanifli 
 dollar, if for the fpace of fcven days together one or more of thefe 
 poles fhall be wanting in the places where they are bound to fix 
 them and keep them up. 
 
 And all owners and occupiers whatfoever of lands adjoining to 
 
 exrmpted tvom gny of the faid royal or feigneurial highways, and likewife all thofe 
 
 "'^' perfons amongft whom any bye-road fhall have been apportioned in 
 
 . the manner above defcribed, as well thofe defcribed in the latter 
 
 part of the fecond fedion of this ordinance as others, (hall be 
 
 obliged to perform, or caufe to be performed, this duty of fixing in 
 
 the ground and keeping up thefe poles and branches, as aforefaid. 
 
 Koperfonw'.at- 
 foever fh.ill be 
 
 SECT. XII. 
 
 The baiiifTs and And to the end that the above-mentioned regulations, and all others 
 the'nariihes" that fhall hereafter be made concerning the public highways in this 
 wa!den»* m' pfovince, may be duly obferved and carried into execution, it is hereby 
 overfeers of the ordained and declared, that all the high bailiffs and fub-bailifFs of the 
 uV," in^their fcvcral parifhcs in this province (hall be way- wardens, or overfeers of 
 rHHes?"'^*" the public highways, in their refpedlive pari(hes, and (hall examine 
 the (late and condition of all the faid highways, as well thofe called 
 bye-roads, or peafants roads, as the royal and feigneurial highways, 
 as often as they can j and (hall exhort and admoni(h the feveral inha- 
 bitants and owners of land in the faid pari(hes to do their feveral 
 duties relating to the faid public highways; and (hall ufe their 
 utmod endeavours to caufe the regulations herein above-mentioned, 
 and the directions herein after-mentioned concerning the faid public 
 highways, and all fuch directions as (hall be given by any future 
 ordinance concerning the fame, to be carried fully into execution. 
 
 Sfbfonl or'' ^^^ °^^^ ^^^^^ bailiffs and fub-bailiffs, who are hereby appointed 
 more furveyors- way- wardens of their rcfpeCtive pari(hes, there (hall be one or more 
 
 general 
 
[ '^73 ] 
 
 general overfeers, 
 
 s, or furveyors of the public highways in the pro- «nerii «f 
 Vince, to whom thefe bailiffs of the parifliesftiali from time to timepJJS 
 make reports of the ftate and condition of the faid highways in their 
 refpeftive parities, and from whom they (hall receive orders and 
 diredtions relating thereunto. 
 
 SECT. XIH. 
 
 And it {hall be the duty of the high bailiff of every parifli in the 
 faid province to aflign to each of the Tub-bailiffs of the fame parifli 
 a certain portion, or divilion, of the fame parifli, in which the 
 overfeeing the feveral public highways and the repairs thereof fliall 
 be the objedl of the particular care and attention of fuch fub-bailiff. 
 And it fliail be the duty of each of thefe fub-bailiffs to go through 
 and infpedl all the public highways in the faid diviflon of me 
 parifli, fo affigned to him by the high bailiff thereof, once in every 
 fortnight, and to make a report to the high bailiff of the faid 
 parifli, immediately after, or, at farthefl:, within one week after, 
 fuch infpedlion, concerning the flate and condition of the faid high- 
 wayb. And if any fub-bailiff of a parifli fliall neglefl thus to vifit 
 and infpedt the feveral highways committed to his care once in 
 every fortnight, or to make the faid report concerning the condition 
 of them to the high bailiff within the fpace of one week after fuch 
 infpeftion, he fliall forfeit the fum of four Spanifli dollars for every 
 fuch negledt ; which fum fliall be fued for and recovered by the faid 
 high bailiff of the parifli within the fpace of one month after the 
 the time when fuch report ought to have been made to him, by in- 
 formation before any one juftice of the peace of the diftrift within 
 which fujQh parifli is fituated, who is hereby authorized and required 
 to hear and determine the faid information in a fummary manner, 
 and, in cafe of a conviction, to levy the faid lum of four Spanifli 
 dollars, together with the cods of fuiiig for the fame, by an order in 
 writing under his hand to feize and fell fo much of the faid offender's 
 moveable goods and chattels as fliall be fufficient for that purpofe. 
 And as this offence confiits in the omiffion of a duty injoined by this 
 ordinance, and not in the commlffion of any politive adl, it fliall 
 lie upon the fub-bailiff, in every information brought againft him 
 for fuch omiflion, to prove by the oaths of two credible witneffes, 
 that he did perform the faid duty by vifiting and infpeding all the 
 
 Mm public 
 
 Each fub-bailiff" 
 Ihall luve a r«r« 
 tain dlvinoii of 
 the parifl) allot- 
 ted to him, in 
 which it (hall 
 be his more 
 crpeclal duty to 
 overfee the pub- 
 lic highways. 
 He niall Tint 
 and iiiTpert all 
 the public high- 
 w«'« in his m- 
 vifion once in 
 every fortnight, 
 and make a re- 
 port of their 
 condition to tht^ 
 high bailiff. 
 Penalty of a 
 negleft hereof, 
 four Spunidi 
 dollars. 
 
 UII 
 
 • « 
 
 !| 
 
 ; ! 
 
 '; 
 
 I: 
 
 I 
 
 ■lis 
 
 H 
 
 .'.■' 
 
 'It I 
 
 m 
 
C 274 ] 
 
 public highways in the divifion of the paridi allotted to his care by 
 the high bailiff, and afterwards making a report of their ftate and 
 condition to the faid high bailiff within the fpace of one week after 
 fuch infpe<5lion : and if he fails to prove either of thefe fa£ts before 
 the faid juftice of the peace by the oaths of two credible witncffes, 
 he (hall be deemed not to have done it, and fliall be convifted ac- 
 cordingly. And if the faid high bailiff of the parifh (hall negleft to 
 bring fuch information within the aforefiid fpace of one month 
 after the time that fuch report concerning the ftate of the faid high- 
 ways ought to have been made to him, it (hall be lawful for any 
 other perfon whatfoever to bring it within the fpace of two months 
 next enfuing the faid month allowed to the high bailiff, but not 
 afterwards : and the faid information brought by the (aid common 
 informer (hall be heard and determined in cxadly the fame manner, 
 and upon the fame evidence, as when it i. brought by the high 
 bailiir. And half the faid lum of four dollars fo forfeited by the 
 fub-bailiff upon fuch conviiflion (hall belong to rhe high bailiff, or 
 other informer who (hall have fued for the fame ; and the other half 
 fhall belong to the king's majefty, and (hall be paid by the faid 
 juftice of peace, by whofe warrant it (hall have been levied, to the 
 receiver-general of his majefty's revenue in this province. 
 
 SECT. XIV. 
 
 The high bailiff And it (hall be the duty of the high bailiff of every pari(h in the 
 
 (hall vint all the .. , . ^ • vi 11 ^L Ll- U- u 
 
 public highways faid proviuce to go in like manner over all the public highways m 
 in'iv/ry foor"" thc wholc pari(h, and examine the ftate and condition thereof, once 
 weeks; andihaii j^ cvery four wccks, and to make a report to the furveyor-general of 
 oAhetr tta°e the highway for the diftri(ft in which fuch paridi is fituated once in 
 the^ furviyo" *" cvery three months concerning their ftate and condition, and the 
 general of the reoairs aud amendments that may be neceffary to be made in them. 
 
 highways once ',.-. i • t t -f rf r •nniir-\ 1 /-1 
 
 in every three Aud if any high bailiff oi a pari(h (hall rail to make fuch peram- 
 bulation over, and infpedtion of, the feveral public highways of the 
 pari(h of which he is high bailiff, once in every four weeks ; or, 
 having made the faid perambulation, (hall fail to make fuch report 
 of the ftate and condition of the faid highways to the furveyor-ge- 
 neral of the highways for the diftridt in which fuch pari(h is(ituated. 
 Penalty of a ne- during the fpacc Of morc than three months, he (hall forfeit the 
 fight fpw?ift» fum of eight Spaniih dollars for every fuch failure, or offence j 
 ^""'' " which 
 
C ^11 ] 
 
 which fuiYj of ciglit Spanilh dollars inay be lucil for and recovered 
 by information before any one juftice of tlie peace of the dilhid in 
 which fuch farifli is fituated, by the faid furvcyor-^encral of the 
 highways, within one month after the olR-nce Ihall have been com- 
 mitted (that is, within one month after t!ic fiilure to make fuch 
 perambulation and infpeiflion of tlie faid highways, or within one 
 month after the failure to make fuch report concerning theflate and 
 condition of the faid highways fo the fiid furveyor-general, accord- 
 ing as the faid high bailiff" Hiall have been guilty of making the one 
 or the other failure) or, if the faid furveyor-general (hall negledt to 
 profecutc for the fame within the faid Ipace of one month, by any 
 other pcrfon within the fpace of two months then next enfuing, to 
 be computed from the expiration of the month allowed to the 
 faid furveyor-general : which information the faid juftice of the 
 peace is hereby authorized and required to hear and determine in a 
 fummary manner, and in cafe of a convitfbion, to levy the faid fum 
 of eight Spanish dollars, together with the cofts of fuing for the 
 fame, by a warrant, or order in writing, under his hand to feize 
 and fell fo much of the moveable goods and chattels of fuch offender 
 as fliall be fufficient for that purpofe. And, as this offence con- 
 fifts in an omiflion of a duty, and not in the commilfion of a pofitive 
 adt, it ihall lie upon the faid high bailiff, in every information 
 brought againft him for fuch omiflion, to prove by the oaths of two 
 credible witnefTes that he did perform the faid duty, which he is 
 accufed of having negle<Sted; and, upon his failing in fuch proof 
 of his performance of the faid duty, he fhall be deemed to have 
 negledted it, and fhall be convidled accordingly. And half the 
 faid fum-of eight Spanifh dollars fo forfeited by fuch high bailiff 
 fhall belong to the furveyor-general of the highways, or other in- 
 former who fhall have fucd for the fame ; and the other fhall be- 
 long to the king's majefty, and be paid to the faid juftice of the 
 peace by whofe warrant it fhall have been levied, and by him to the 
 receiver-general of his majefty's revenue in this province. 
 
 ! 
 
 S E C T. XV. • 
 
 And the furveyors-gcneral of the highways in the feveral diftrifts The fumyors- 
 of this province ftiall vifit the feveral public highways of the diftrids highway" /haii 
 refpedively committed to their care twice in every year, to wit, j;igf,f"ys''f„ 
 
 M m 2 
 
 once *''*'■■ refpcftivr 
 
[ *76 ] 
 
 ia every year. 
 
 And fliall make 
 reports concern- 
 inc the condi- 
 tion tlier<:of 
 to the gover- 
 nour and coun- 
 cil. 
 
 ?enahy for a 
 negleft hereof 
 one hundred 
 Spanilb dollars. 
 
 once in the month of January, and a fecond time in the month 
 of June } and after each of thefe journies, or vifitings, they fhall 
 make reports in writing to the governour and council of the province 
 concerning the ftate and condition of the faid highways, and fliall 
 deliver in the faid reports to the governour and council before the 
 ends of the months of March and Auguft. And if the furveyor- 
 general of the highways in either of the diftrids of this province 
 (hall negledt either to make fuch journey through his diftriit in the 
 faid months of January and June, in order to infpedl the highways 
 thereof, or to make fuch reports in writing to the governour and 
 council of the province concerning the condition of the faid high- 
 ways before the ends of the faid months of March and Augufl:, he 
 fhall forfeit the fum of one Jiundred Spanilh dollars for every fuch 
 negle£t: which may be fued for and recovered by information 
 before the chief juftice of this province by the clerk of the council 
 of the faid province, or, in caie of his abfcnce from the faid pro- 
 vince, by his deputy, within the fpace of two months after the faid 
 negled (hall have been committed : and in cafe the faid clerk of 
 the council, or his deputy, (hall negleft to fue for the fame within 
 the faid fpace of two months, by any other perfon whatfoever 
 within the fpace of four months then next enfuing, to be com- 
 puted from the expiration of the faid two months allowed to the 
 laid clerk of the council, or his deputy. And the faid chief juftice 
 of the prov*nce is hereby authorized and required to hear and deter- 
 mine the faid information in a fummary manner at any time what- 
 foever (whether in or out of the ufual times of the feffions of the 
 fupreme court of judicature of this province holden before the fiid 
 chief juftice) whenfoever application is made to him in that behalf, 
 and to levy the faid fum of one hundred Spanifli dollars, together 
 with the cofts of fuing for the fame, by a warrant in writing under 
 his hand to feize and fell lb much of the goods and chattels of 
 fuch offender as (hall be fufficient for that purpofe. And one half 
 of the faid fum of one hundred Spaniflu dollars (hall belong to the 
 faid clerk of the council, or his deputy, or to fuch other informer 
 as (hall have fued for the fame j and the other half to the king's 
 majefty, and (hall be" paid by the faid chief juftice to the receiver- 
 general of his maje(ty's revenue in this province. 
 
 4 
 
 SECT. 
 
[ 277 ] 
 
 . , . SECT. XVI. •; ;;; 
 
 And It fliall be the auty of the fuh-bailifFs of the feveral pari/hes wherever my 
 in this province, whenever they obferve any of the public highways, '^Jfft^jjjjJ,"'^' 
 in the diviiions of the faid pariflies committed to their care and°'''«!^e»'i"»ny 
 infpedion, to be out of repair, and to ftand in need of being m'iiis*^dmfioo^, 
 mended, to admonifli the perfons whofe duty it is to keep them in "j^ilds^fn^n^ 
 good condition, to repair and amend thefnme without delay, accord- "f""'"!? "]<="<•- 
 ing to the dlretlions given in this behalf in the foregoing part of this moniih the per- 
 ordinance. And if anyfuch perfon, being fo admonilhed, ihall rerure|^o"n'd''tokeep 
 to repair fuch highway in the part {o mentioned to him by the fub- ''.'"^^"^''j: 
 bailiff (being in th<it part of the faid highway which he is bound mciy to repair 
 to repair) or fliall negkdt to do fo for the fpace of feven days after "u if any rer- 
 fuch admonition, he ihall forfeit the fum of one Spanifli dollar, *';^"j^^^^'^^J8'^^ 
 which may be fued for and recovered by fuch fub-bailiff, at any fr'^ofrcven 
 time within one month after fuch refufal or negle(ft, by information fdmonit!on"i!'e 
 before any one juflice of the peace of the diftridt in which fuch j^i^' *fj,^^j."''* 
 part of the faid highway fo negledled to be repaired is fituated ; who spaniih dollar. 
 is hereby authorized and required to hear and determine fuch in- 
 formation in a fummary manner, and to levy the faid fum of one 
 Spanifli dollar, together with the cofts of fuing for the fame, by a 
 warrant in writing under his hand to feize and fell the goods and 
 chattels of fuch offender. And if the faid fub-bailiff fliall negletft- 
 to bring fuch information within the faid fpace of one month after 
 fuch refufal or negledl, it fliall be lawful for the high bailiff of the 
 faid patifli to bring it at any time within the fpace of two months 
 then next enfuing ; and in cafe of his omiffion to bring it within 
 the faid two months, it fliall be lawful for the furveyor-genernl of 
 the highways of the diftridl in which fuch highway is fituated, to 
 bring it at any time within the fpace of three months next enfuing 
 after the expiration of the faid two months allowed to the faid high 
 bailiff. And one half of the faid forfeiture of one Spanifli dollar 
 fhall belong to fuch fub-bailiff of the parifli, high bailiff of the 
 fame, or furveyor-gcneral of the highways, as fliall have fued for 
 the fame ; and the other half thereof (hall belong to the king's 
 majeffy, and fliall be paid into the hands of the juftice of the peace 
 by whofe warrant it fliall have been levied, and by him to the. 
 receiver -general of his niajefliy's revenue in this province. 
 
 Aiid. 
 
 
 It 
 
 i 
 
 I* 
 
 ■\ 
 
 m 
 
 M 
 
 i 
 
 h 
 
And further, the 
 fub-bailifl"fliall 
 caufe the faid 
 highway to be 
 mended by fome 
 other perlon, 
 who (hall be paid 
 for his labour by 
 hj.n who (hall 
 havcbeen guilty 
 of fuch ncgle£t. 
 
 [ 278 ] 
 
 And further, the faid fub-bailiflf of the parifh, after the negled 
 of the perfon, fo admon/fhad as aforefaid, to repair the faid highway 
 for feven days together after fuch admonition', (liall without further 
 delay caufe the faid highway to be repaired in a proper and conve- 
 nient manner by fome other perfon whom he fliall hire at a reafona- 
 ble price for that purpofe. And the faid perfon fo employed by the 
 faid fub-bailiff (hall have a right to demand payment of the price of 
 his labour in making fuch repair of the faid highway from the former 
 perfon whofe duty it was to have repaired it in purfuance of the fub- 
 bailifF's admonition. ' 
 
 Every «bfent 
 perfon, who, by 
 rcafon of his 
 ownerfliip of 
 lands, fliall be 
 bound to keep 
 a part of a 
 public highway 
 in repair, (hall 
 depute a perfon 
 that refldes in 
 the parifh to re- 
 pair fuch high- 
 way in hisilead. 
 
 And where it fhall happen that any perfon, whofe duty it is to 
 
 keep fome part of a public highway in good repair in confequence . 
 
 of the fecond and third feflions of this ordinance, fhall not live 
 
 in the parifti in which that part of the faid public highway 
 
 which he is bound to repair is fituated, it ihall be the duty of 
 
 fuch abfent perlon to appoint fome other perfon who ftiall refide 
 
 in the faid parifti to be his reprefentative, or deputy, to do his duty 
 
 in relation to the repairing of the faid highway in his ftead : and he 
 
 fliall notify fuch his appointment to the high bailiff of the faid 
 
 parifli at fome time in the months of Oiflober and November in 
 
 every year. And the perfon fo appointed by him to be his deputy 
 
 in this behalf fliall be confidered in the fame light as the principal 
 
 himfelf, who appoints him, would be confidered in if he were 
 
 refident in the parifli ; and fliall be liable to be admoniflied by the 
 
 fub-bailifF of the parifli to repair the faid public highway in the 
 
 part thereof that falls to the fliare of his principal, and to pay the 
 
 forfeiture of one Spanifli dollar, and the charges of caufingthe faid 
 
 part of the faid highway to be repaired by fome other perfon 
 
 that the fub-bailifF fliall employ for that purpofe, in cafe he (hall 
 
 refufe or negleft to repair the fame for the fpace of feven days 
 
 after an admonition of the fub-bailifF, in the fame manner as his 
 
 principal would be if he were refident in the faid parifli. 
 
 Andiiheneg- And if any fuch abfent perfon as is above-mentioned (hall negleil 
 fucha°dfput^\' to make fuch appointment of a reprefentative, or deputy, to do his 
 Twenry spnlm duty with refpca to the highways in the faid parifh in his flead, or 
 dollars for fuch jq notify fuch appointment to the high-baili(F in the months of 
 ^'^'^' Odlober and November, as is aforefaid, he fliall forfeit the fum of 
 
 twenty Spanifli dollars for fuch his negle(a ; which may be fued 
 
 for 
 
[ 279 ] 
 
 in 
 
 for and recoverr.cl the high baih'fFof the faid parifh at any time 
 within the Ipace i.. wo months after fiich negledt IhnJl hn.c h: 11 
 committed, or, in cafe the laid high baiUfF Ihall negledl to fue for 
 the fame during the faid two months, by the furveyor-general of 
 the highways for the diflrid: in which fuch parifh is iituated at any 
 time within the fpace of four months then next enfuing after the 
 expiration of the faid two months allowed to the faid high bailiff, 
 by information before any one juftice of the peace of the diftrift in 
 which fuch parifli is (ituated ; who ic hereby authorized and re- 
 quired to hear and determine the fame in a fummary manner, and 
 to levy the fiid fum of twenty Spanifli dollars, together with the 
 cofts of fuing for the fame, by a warrant in writing under his hand 
 to feize and fell the goods and chattels of fuch offender. And of 
 thefe twenty dollars fo forfeited, four dollars fliall belong to the 
 faid high bailiff of the parifli, or furveyor-general of the faid high- 
 ways who Ihall have fued for the fame, and the other fixteen dol- 
 lars fliall be delivered to the faid high bailiff of the parifli, and 
 fliall be employed by him in repairing and amending the feveral 
 highways of the faid pari(h, and more efpccially thofe parts of them 
 which it was the duty of fuch offender to keep in repair, and Ihall be 
 accounted for by fuch high bailiff to the furveyor-general of the 
 highways of the diftridi: in which fuch parifli is fituatcd in the next 
 report which fuch high bailiff fliali make to fuch furveyor-general in 
 purfuance of the fourteenth fedtion of this ordinance. 
 
 7: I 
 
 SECT. XVII. 
 
 And whereas it will be of great and general convenience to the 
 inhabitants of this province that the feveral public highways thereof 
 fliould be of a futiicient width for feveral carriages to pafs by each 
 other eafily on the fame, without danger of running either againfl: 
 each other, or into the ditches which (hall have been made on each 
 fide of the faid highways, in endeavouring fo to do : it is therefore 
 ordained and declared by the authority aforefaid, that the furvcyors- 
 general of the highways in this province fliall have full power and 
 authority to caufe any of the public highways in this province to be 
 widened to the extent of forty Englifh feet, exclufive of the breadth 
 of the ditches on each fide thereof; and to caufe the ditches that are 
 already made on the fides of fuch highways to be filled up and 
 
 levelled, 
 
 The furveyors 
 general of tlie 
 iiij>liways in 
 this province 
 may caulc any 
 public highway 
 to be widencj 
 to the breadth 
 of forty englilh 
 feet, if he (h.,11 
 jiulgcitncce(?ary; 
 to the public 
 convenience. 
 
 t 
 
 m 
 
 I •; 
 
 ♦ 
 
 I 
 
 I m 
 
[ .80 ] 
 
 levelled, and other ditches to be made in their ftead at the faid 
 diflance of forty Englifh feet frooi each other, or at fuch leffer 
 diftances from each other as the faid furveyors-general fliall think 
 fit. And thefe new ditches (hall be of fuch depths and breadths as 
 the faid furveyors-general (hall appoint, being not lefs than the 
 depth of two English feet, and the breadth of one foot at the bot- 
 toms of the faid ditches, and two feet at their tops. But thcfe 
 changes and improvements are not hereby abfolutely injoined to be 
 made in all the highways jn this province : but it is left to the 
 judgement and difcretion of the faid furveyors-general of the high- 
 ways to caufe, or not to caufe, them to be made, as they fliall 
 think them to be ncccffary, or not neceflary, to the public con- 
 
 venience. 
 
 ..Ktti- n;j4-» ^ 
 
 Thefe changes 
 (hall be made by 
 the joint labour 
 of all the inha- 
 bitants of the 
 parifliesthroush 
 which the high- 
 ' ways fo to be 
 'widened pafs, 
 under the direc- 
 tion of the high 
 bailiffs of the 
 iiiid pgriflies. 
 
 And whenever the faid furveyors-general of the highways in this 
 province fliall think it necelTary to widen any of the faid highways 
 to a greater extent than it had before, and to caufe the old ditches 
 to be filled up and levelled, and new ditches to be made in their 
 ftead, the manner of proceeding in order thereunto (hall be as fol- 
 lows. The furveyors-general of the highways for the diftrift in 
 which fuch highway, fo intended to be widened, is iituated, (hall 
 give directions in writing to the high bailiff of the pari(h in which 
 it is (ituated concerning the extent to which it's width is to be 
 increafed, the length of that part of the faid highway which is to 
 be fo widened, the (ituation, depth, and breadth of the new ditches 
 that are to be made, and the other particulars of the intended im- 
 provement, and fliall likewife appoint the time at which the faid 
 changes (hall be begun to be made. And thereupon the faid high 
 bailiff (hall communicate thefe diredions to the inhabitants of the 
 faid pari(h, and (hall caufe all the men in the faid parifhes between 
 the ages of eighteen and fixty, who are not hindered therefrom by 
 ficknefs or fome other reafonable caufe, to come, at the time ap- 
 pointed by the faid furveyor-general, with fpades, fliovel?, pickaxes, 
 hatchets and other neceffary implements, and by their joint labour 
 make the faid changes and improvements in the faid highways. 
 And the faid high bailiff may either caufe all the faid inhabitants 
 of fuch pai i(h to come together and undertake this work at one and 
 the fame time, or to come and undertake the fame in different par- 
 ties by turns one after another, as the faid high bailiff (hall judge 
 to be moft expedient for the performance ot the intended 
 
 \vork. 
 
[ 2Sl ] 
 
 work. And if any fuch inhabitant of fuch parifli, being duly re- 
 quired by the high bailiff thereof to come and perform his fliarc of 
 fuch joint labour, (hall refufe or negledt to do fo, and fhall likewife 
 negledt to fend an able man to do the faid work in his ftead, (which 
 he is hereby permitted to do, if h^ does not find it convenient to 
 attend the faid duty in his own perfon ;) he (hall forfeit the fum of 
 one Spanifh dollar for every day during which he {hall have 
 negle(5ted to attend fuch parifh labour : which forfeitures miy be 
 fued for and recovered by the faid high bailiff of the faid parifh at 
 any time within two months after fuch refufal or negle(ft, or, if the 
 faid high bailiff fhall forbear to fue for the fame within the faid two 
 months, by the furveyor-general of the highways for the diftridt 
 in which fuch parifh is fituated, at any time within the next four 
 months after the expiration of the faid two months allowed to the 
 faid high bailiff, by information before any one juftice of the peace 
 of the fame diflridt, who is hereby authorized and required to hear 
 and determine the faid informations in a fummary manner, and to 
 levy the faid forfeitures by warrants in writing under his hand to 
 feize and fell the goods and chattels of fuch offenders. And one 
 half of every fuch forfeiture fhall belong to the faid high bailiff, or 
 furveyor of the highways, who fhall have fued for the fame, and the 
 other half to the king*s majefly. 
 
 Thofe inh.ilii- 
 tants who refufe 
 or neglefl to 
 perform their 
 (hare of fuch 
 joint hbour, 
 Ihall forfeit 
 one Spanifh 
 dollar for every 
 day during 
 which they 
 (hall have been 
 guilty of fuch 
 neslcft. 
 
 ii: 
 
 i 
 
 r 
 
 
 1 
 
 
 
 i ' 
 
 . 
 
 1' 
 
 i' 
 
 1 
 
 ; 
 
 j 
 
 !! 
 
 
 i 
 
 ^1 
 
 it 
 
 I M 
 
 SECT. XVIII. 
 
 And whereas the highways on the fides of divers high hills in this 
 province arc not only much too narrow for the fafety and convenience 
 of travellers, but are likewife highly dangerous to them -by means of 
 the great fleepnefs of the precipices on the lower fides of the faid 
 highways and the want of any hedge, or paling, or bank, or other 
 fence, to preferve the faid travellers from falling down the faid preci- 
 pices by their horfes taking any fudden fright, or by fome other 
 accident: it is therefore hereby ordained and declared that the fur- i^oads overhiiu 
 Veyor-general of the highways of the diflridt in which any public do*wn'To''t'ife 
 highway paffcs over any hill in this province, fhall have full power f^'^P/'YJavtr.r , 
 and authority not only to caufe the faid highway to be widened tobankofe,'"rh" 
 any extent that he fhall think proper, not exceeding the breadth ofof nx^ect'fa* 
 forty Englifh feet, cxclufiveof the breadth of the ditches on each fide, IhepitiikeV" 
 
 N n agreeably 
 
 'fill 
 
 TA't 
 
 '■ f'f 
 
[ ^*« i 
 
 agreeably to the lad foregoing ftftion of this ordinance, but like- 
 wife to caufe the faid highway where it pafles over fuch hill, to be 
 lowered, or dug do^n to the depth of four feet, leaving a bank of 
 earth of the breadth of fix, or more, feet, and of the faid height of 
 four feet on the fide towards the pretipice. And the faid furveyor- 
 general of the highways fhall give the neceflary diredtions for this 
 purpofe to the high bailiffs of the feveral pariflies in which the faid 
 hills are fituatcd, who (hall thereupon caufe the inhabitants of the 
 faid pariflies to affemble and do the faid neceflary work by their 
 Joint labour in the manner defcribed in the laft fe£Hon, and under the 
 fame penalties of forfeiting one Spanifli dollar for every day during 
 which any of the faid inhabitants, being duly fumrtloned thereunto 
 by the faid high bailiff, (hall negledt to do his faid duty either by 
 himfelf in his own perfon, or by fome able fubftitute in his flead. 
 And the faid forfeitui'es fhall be fucd for and recovered in the fame 
 manner, and by the fame perfons, and within the fki^e tihies, and 
 i!hall be applied to the fame ufes, as thofe mentioned in the faid laifl 
 foi'egoing leiflion. And the faid highways over the faid hills miy be 
 widened to any extent that the faid furveyor-general fhall think 
 proper, fiot exceeding the faid breiadth of forty Englifh feet, exclu- 
 five of the breadths of the faid banks of earth on the fides of the 
 roads that are next to the precipices, and of the br^dtbs of the 
 ditches on both fides of the faid highways. 
 
 The furveyors- 
 general of the 
 highways Ihall 
 have power to 
 caufe the whole 
 furfaceofany ' 
 public highway 
 to be dug up and 
 new-laid more 
 evenly than be- 
 fore, l)y the 
 joint labour of 
 the inhabitants 
 of the parilh in . 
 which It is fi 
 tuated. 
 
 SECT. XIX. 
 
 Aftd Whereas it may fbmdtithes be neceffary to'difr'up the whole 
 fiirface of a public highway, in order to new-lay it more evenly 
 than before, and to raife the middle of it to a convenient height 
 above the fides thereof, fo as to form a gentle flope towards the 
 ditches on each fide of fuch highway, by means whereof the w*ai6r 
 that fhall fall on the faid highway may fpeedily run off from it into 
 the faid ditches : it fhall be lawful for the furveyors-general of the 
 highways in this province to c^ufe this to be done, wherever th^y 
 judge it to be necefifary in their refpedtive diflrids, by the joint 
 hbour of all the inhabitants of the parifhes through which fuch 
 highways oafs. And for this purpofe they fhall communicate their 
 direftionsm" writing to the high bailiffs of the faid pariflies, wha 
 fliall thereupon caufe the faid directions to be carried into execution 
 
 by 
 
[ 283 ] 
 
 by the inhabitants of the faid feveral pariflics refpcdively in the 
 manner and under the penalties prefcribed in the feventeenth fedlion 
 of this ordinance. 
 
 And if no particular mention is made in the faid direcSlions of the 
 proportion which the height of the middle of any fuch highway 
 that is to be new-laid above the fides or edges thereof adjoinnig 
 to the ditches, ought to bear to the breadth of the faid highway, 
 the faid height ot the middle of fuch highway above its fides fliall 
 be one- twelfth part of the breadth of the faid highway contained 
 between the two ditches. 
 
 SECT. XX. 
 
 by 
 
 And where any bridge built in any public highway over any cndg« over lU 
 
 n r 1 • S r r ^ • y n it vers more than 
 
 river, or ftream or water, that is more than four feet wide, Ihallfourtcciwido 
 ftind in need of being repaired, it fliall be the duty of the feveral jjy Ihe'joTntT- 
 inhabitants of the parifli in which fuch bridge is fituated to repair !'"'"^°' "J'''"/ 
 
 ,- ,,..f,, /•!• ° 1 ' .• \ ^ inhabitants ot 
 
 the fame by their joint labour, at fuch times and m iucn manner as the refpeawe 
 the furvcyor-general of the highways of the diftridt in which fuch ^vhlch'tiuy ate 
 bridge is fituated fliall dired, and under the infpcdlion of the high 'i'"''"^* 
 bailiff of the faid parifh, to whom the faid furveyor-general (hall 
 communicate his faid directions in writing : and they fliall be liable 
 to the fame penalties for any negleds herein as are mentioned in 
 the feventeenth feCtion of this ordinance : and the faid penalties 
 ihall be fued for, recovered, and levied by the fame perfons, and 
 in the fame manner, and within the fam€ times, and (hall be ap- 
 plied to the fanrie ufes as thofe mentioned in the faid feventeenth 
 ledtion. 
 
 I 
 
 And it fliall be lawful for the fajd furvcyor-general of the high- "^J^^Jj'Jf^j^e* 
 ways, in giving his diredions, as aforefaid, for repairing fuch highways may 
 public bridge, to require fuch of the inhabitants of the parifh in [hcYnhabiTanK 
 which fuch bridge is fituated as he thinks prooer, to furnifli each ^f??. p."'""* 
 
 , o. c • t It *■ *■ . t r- • fur«ilh timber 
 
 a reaionable quantity or timber and other materials for carrying on and other mate- 
 the faid repairs without any pecuniary compenfation for the fame, makin7thcft 
 provided that the faid timber or other materials are to be found '^"'P"" ' 
 upon the lands of the faid inhabitants from whom the furveyor- 
 
 N n z general 
 
 M 
 
 
 if. I 
 
[ a84 ] 
 
 I towai'ds 
 them. 
 
 SJnSS" S^*^®*"^^ ^^^^ ^° require them in the faid parldi. And the faid fur- 
 ftaUexempt" veyor-gcncral of the highways, and the high bailiff of the parifli 
 *v'nJ(thcL »" executing his orders, (hall thereupon exempt fuch inhabitants 
 wuft othe5w*'F ^^°"* *^^ labour, or a part of the labour, which they would other- 
 have contribut- wife be bound to contribute towards the repairing of the faid bridge, 
 towaids j^ confideration of the timber and other materials which they {hall 
 have furniflied thereunto, and in proportion to the value of fuch 
 timber and other materials, reckoning a quantity of materials that 
 is worth one-fourth part cf a Spanifh dollar to be equivalent to one 
 day's labour. But thefe exemptions from labour fhall only be tem- 
 porary, or relate to thofe particular occations on which they have 
 furnifhed fuch materials, and not to future occafions of repairing 
 the fame bridges. 
 
 SECT. XXI. 
 
 But fuch bridges 
 fliall not be 
 cither built or 
 rebuih by the 
 Angle authority 
 of the furveyor- 
 ceneralof the 
 nigbways ; 
 
 but by the par* 
 ' ticular or£/er of 
 the governour 
 and council of 
 the .•srovince. 
 
 But wherever the furveyor-general of the highways of any 
 diAri£t cf this province {hall be of opinion that a public bridge over 
 any river, or ftrcam of water, in his diftri<ft, that is more than four 
 feet wide, is in fo ruinous a condition that it cannot eafily be re- 
 paired, and that it therefore ought to be taken intirely down, and 
 a new bridge built in its ftead j or where fuch furveyor-general 
 (hall be of opinion that it would be highly expedient and advanta- 
 geous to the public that a bridge fliould be built over any river, or 
 ftream of water, that is more than four feet wide, in any public 
 highway in his diftridt, in a place where there was no bridge be- 
 fore : in either of thefe cafes it ihall not be lawful for the faid fur- 
 veyor-general of the highways, by his own authority only, to caufe 
 fuch bridge to be built ; but he fhall refer the matter to the go- 
 vernour and council of the province, for them to take fuch order 
 therein as fhall be fitting : and the manner of his proceeding herein 
 fhall be as follows. He fhall draw up and prefent to the faid 
 governour and council a memorial containing his reafons for think- 
 ing fuch a work to be expedient to the public convenience, toge- 
 ther with an eflimate of the labour, the quantity of materials, and 
 the expence that will be requifite to complete it, and an account of 
 the parifhes that are nearefl to it, and that will reap the greatefl 
 benefit from it, and of the number of men between the ages of 
 
 fixteea 
 
 fui 
 w 
 
 an 
 ch 
 of 
 
[ *8S ] 
 
 fixtcen and fixty in the faid feveral paridies refpeflively, and of the 
 time and manner in which he would propofe to carry the faid dcfign 
 into execution : upon the receipt of which memorial from the faid 
 furveyor-general of the highways, the faid governour and council of 
 the province fhall fend proper notice of it to the inhabitants of the 
 parilh or pariflies, by whofe labour and cxpence the faid furveyor- 
 general {hall have propofed to have the faid work done, to the end 
 that, it they do not approve it, they may remonftratc againft the 
 execution of it before the faid governour and council. And three 
 months (hall be allowed them to make fuch rcmonftrances againft 
 fuch propofnl, before it is finally ordered to be carried into execu- 
 tion J at the expiration of which time the faid governour and 
 council ftiall take fuch order therein as they fliall think fitting, 
 and, if they ftiall judge it to be expedient that fuch a bridge fhould 
 be built, (hall make a particular ordinance for that purpofe, diredt- 
 ing the time and manner in which fuch work (hall be performed,, 
 and by whofe labour and at whofe expencc it (hall be done. 
 
 i 
 
 [If 
 
 SECT. XXII. 
 
 And whereas it may in many places be nece(rary to the pre(er- The courfe* of 
 vation and amendment of the public highways of this province to ft-"ras ol- waur 
 change the courfesof fmall rivers and (Ireams of water; it is hereby ^/j^^'^gj^'byihe 
 ordained and declared, that this likewifc (hall be done by particu-fingi^^'hority 
 lar ordinances of the governour and council of this province made eenerai'oV^he " 
 exprefsly for fuch purpofe, and not by the lingle authority of the y3u'iar"' 
 furveyor-general or the highways. But wherever the furvcyor- [',['''"*"<=" °^ 
 general of the highways of any di(lri<5l: in this province (hall judge and ctundi of 
 it to be neceiTary for the public convenience that the courfe of any '''*^"'"""' 
 river, or ftream of water, in his diftridt (hould be changed, he 
 (hall reprefent the matter to the governour and council of the pro- 
 vince in a memorial which he (hall deliver in to them concerning 
 it ; and in this memorial he (hall fet forth his reafons for thinking 
 fuch change to be expedient, and a plan of the new channel into 
 which he propofes to turn the water of the faid ftream, or river, 
 and an eftimate of the expence and labour of making fuch new 
 channel, and an account of the pari(h, or pari(hes, to the inhabitants 
 of which fuch change will be moft efpecially beneficial, and the 
 
 number. 
 
 -li' 
 
 I: < 
 
 ■■I 
 ■.,i 
 
 111 
 
 *!V 
 
[ 286 ] 
 
 number of inhabitants in the faid parishes, and all the other cir- 
 cumftances that will attend fuch change. And upon the receipt of 
 this memorial the faid governour and council of tne province (hall 
 fend proper notice of it to the inhabitants of the parifli, or parifhes, 
 by whofe labour, and at whofe expence the faid furvey or- general 
 lliall have propofed to have the faid change made ; to the end that, 
 if the faid inhabitants do not approve it, they may remonftrate 
 againft the execution of it before the faid governour and council. 
 And three months (hall be allowed them to make thefe remon- 
 ftrances before the faid propofal of the faid furveyor-gcneral of the 
 highways is finally ordered to be carried into execution ; at the 
 .expiration of which time the faid governour and council of the pro- 
 vince (hall take fuch order concerning the faid propofal as they 
 think fitting; and, if they (hall judge it to be expedient that fuch 
 change of the courfe of the faid (Iream, or river, (hould be made, 
 (liall make a particular ordinance for that purpofe, diredting the 
 time and manner in which fuch work (hall be performed, and the 
 perfons by whofe labour and at whofe expence it (hall be done. 
 
 Kew public 
 highways ihall 
 not be made 
 by the fingle 
 authority of the 
 furveyors-gene- 
 ral of the high- 
 ways, but by 
 particular ordi- 
 nances of the 
 governour and 
 council of the 
 (lovince. 
 
 SECT. XXIII. 
 
 And wherever it (hall be ■nece(rary to make a new public high- 
 way either in the (lead of one already fubfifting, or in a place 
 where none has yet been made, whether the faid new public 
 highway be a royal or feigneurial highway, or a peafant's road 
 or bye-road; it is hereby ordained and declared, that this likewife 
 (hall be done by a particular ordinance of the governour and 
 council of this province made exprefsly for fuch purpofe, and not 
 by the fingle authority of the fiirveyors-general of the highways. 
 This (hall be done either upon an application of the inhabitants of 
 any pari(h in the faid province to the faid governour and council, 
 by a memorial fetting forth their defire that fuch new highway 
 Ihould be made, and their readinefs to contribute towards the 
 labour and expence of making it ; or upon a reprefentation made 
 to the faid governour and council by the furveyor-genqral of the 
 highways of one of the diftrids of this province of the advantages 
 that will accrue to the public from a new highway that (hould pafs 
 through fuch and fuch places : upon either of which applications 
 
 the 
 
[ «87 ] 
 
 the faid governour and council of the province (hall take, fuch 
 order concerning fuch new, or propofed, highway as fhall be fitting* 
 and, if they Hiall judge it to be expedient that fuch new highway 
 Hiould be made, /hall make a particular ordinance for that pur- 
 pofc, appointing the time and manner of making fuch new high- 
 way, and the perfons by whofe labour and at whofe expence it 
 (hall be made. And when fuch new highway is made, it fhall 
 ever after be kept in repair in the manner direfted by the fecond and 
 third fe<^ions of this ordinance. 
 
 . f. 
 
 .1 : < , 
 
 I. . 
 
 .'i: 
 
 
 it 
 
 h 
 
 
 NUMBER 
 
 Bff 
 
 ;:i 
 
 'P. 
 
[ 288 ] 
 
 NUMBER XXXIII. 
 
 An Account of the Duties that were paid in the Province 
 of Quebec during the French Government thereof, on 
 Brandy, Rum, and Wine, imported into the faid 
 Province, and on dry Goods imported into, and 
 exported out of, the fame. 
 
 lint of jN purfuance of the inftruflions above-mentioned in Numbe 
 wohTrV''- XXIV, Page 156, given by the commiflioners of his Majefty' 
 
 An account ( 
 the trial atC 
 
 bccinoftofc, •* AAiV, i'age 150, given Dy tne commimoners ot nis Majeitys 
 i'„'"^/d"m""; treafury to Thomas Mills, Efquire, his Majefty's receiver-general of 
 «"''"» ''""•'y the province of Quebec, in March, 1 766, the merchants of the 
 thrcrowi. ' town of Quebec, who had then lately imported wine and brandy 
 into the province, were required by the faid receiver-general of the 
 revenue to pay the king a duty upon the fame according to the 
 rates fet forth in the faid inArudtions, to wit, fix pence, flerling, 
 for every gallon of brandv, and ten fliillings, fterling, for every 
 hogfliead of wine; whicn were declared to have been the rates 
 eflabliHied on the importation of the fame liquors in the time of 
 the French government. But the merchants refufed to pay them. 
 Upon this George Suckling, Efquire, the then attorney-general of 
 that province, by the direction of the faid 'Thomas Mtlls, Efquire, 
 his Majefty's receiver-general, filed informations in the fupreme 
 court, or court of king's bench, in that province againft fome of 
 the merchants, who had refufed to pay thefe duties, for defrauding 
 the king of the faid duties ; to which they pleaded the general plea 
 of Not guilty ; and upon this ifTue was joined. One of thefe infor- 
 mations, which was againft Mr. Dupr^, a French merchant of the 
 town of Quebec, who had imported a large quantity of Britifti 
 brandy, was tried in the month of October, 1766, by a fpecial 
 jury confifting intirely of Englifhmen (or fuch as had been his 
 Majefty's fubjcds before the conqueft of that province) before 
 Mr. Hey, the new chief juftice of the province, who had arrived 
 in the province in the preceding month of September. The trial 
 lafted feveral hours ; and the evidence as to the fads in the caufe 
 
 2 
 
 ^^ 
 
 wa3 
 
r i8«j ] 
 
 wa$ 
 
 was ftrong and clear In favour of the crown, it being clearly proved, 
 
 in the firft place, that Mr. Dupre hafl imported the quantity of 
 
 Britifh brandy Aated in the information ; and, fecondly, that he 
 
 had refufed to pay any duty upon it j nnd, thirdly (which was the 
 
 main fa£t to be proved) that u certain duty, tl vugh fomewhat lefs 
 
 than that. which was demanded in the information, had been con- 
 
 flantly paid for a great many years paA in the time of the French 
 
 governmrnt, nnd univerfally confidered by the Canadians as legally 
 
 due to the French king. Confequently the only doubt that The qucOi^n or 
 
 remained upon the fubjed was concerning the queAion of law, {j*,"^'""'''' 
 
 whether, or no, by the conqueft of the country by the Britifh arms 
 
 in 1759 and 1760, and the fubfequent intire cefllon of it to the 
 
 king of Great Britain by the definitive treaty of peace in February, 
 
 1763, the king of Great Britain became lawfully intitled to the 
 
 fame duties upon Britilh brandy imported into the province, as had 
 
 been legally due and paid to the French king upon French brandy 
 
 imported into It Immediately before the conqued. As this was a T''^ <'><'']"<'' 
 
 point of law of great novelty and difficulty, the chief juflice ex- jlii'yto'fmdV''' 
 
 horted the jury to find a fpecial vcrdidl, if they were fatisfied with 'i""»i verdi«. 
 
 the evidence by which the fadts of the caufe had been fupported, 
 
 that he might himfelf have full time to confider and examine it 
 
 before he pronounced his judgement upon it, and that it might 
 
 afterwards undergo the more able difcufTion of his Majefty's principfal 
 
 judges in England upon a removal of the proceedings by writ ofButtheyfind, 
 
 error, or appeal, before his Majefty in council. But the jury found J^^^j^""*'" 
 
 a verdict tor the defendant. The fubflance of the evidence pro- An account or 
 
 duced and delivered on the part of the crown upon this trial was as producera^j 
 
 ^rkllnu/c • . . I delivered on the 
 
 I0U0W8.,;; ,.;t ^;:,'v.) :■ .^,:jit .,,0 .T-J;£v ;-v»i! \' ,, M'; .:;;.. '\ partofthe 
 
 crown at thii 
 
 In the firft place it plainly appeared that there had been eflabllfhed Theou 
 in this province for a great manv years pafl the following duties on^p*^'Jj,J^|'" 
 liquors imported into it from Old France and the other dominions ^j^^y, Md 
 of the French king J to wit, ..... .. . . . . .: ^,j .. , 
 
 rum. 
 
 Firfl, Nine French livres, or 7*. (Jd, fterling, upon every bat" 
 r;^w, or hogihcad of wine. mh 'io 1. ••^.i i : ? *.'.'?, 
 
 Secondly, Sixteen French fols and eight deniers, or eight pence 
 and 4 of a penny, fterling, upon every veldt, or meafure containing 
 two gallons, of branf^^ - 
 
 Oo And 
 
 ;:' 
 
 tii 
 
 
 I' 
 
 i'1 
 
 li ■ 
 
 irl 
 Vim 
 
They wtre aug- 
 mented by an 
 tdiAoftbe 
 Frenfh king in 
 
 Sut ihii aug- 
 mentation was 
 tc contlnOe 
 only for three 
 years. 
 
 Ttt theft ang. 
 merited dutiej 
 continued to lie 
 fiii afiCi' the 
 
 C 290 J! 
 
 And thirdly. Fifteen French livi*es, 6r 1 2 «i 6 d*. ftcrltnj^, iiporv 
 tstry barriquet or hogfliead, of |^«//i/rt;^, or rum. 
 
 . ,-• .■■■■•• n: '■ ■ -• • 
 
 Thefe duties had been paid for at lead fifty years> as fome old 
 witneflfes teilified ; and no one pretended to know the beginning of 
 them : fo that there feems to be no reafon to doubt that thefe were 
 legal taxes fubfifling in this province at the time of the conqued of 
 it by the Britifh army. Yet the origimil edidt by which they were 
 impofed could not be found; nor could the old witnefTes give any 
 account, even from hearfay, of the time and occalion of their being 
 iirft laid on, nor of the edidt, or other inftrument, by which they 
 were eftabliflied. They only declared that they had always con- 
 iidered them as conftant and permanent duties, levied for the fup- 
 port of the civil government in all its various branches j as the ad- 
 miniftration of juftice, the fupporting public fchools, the maintain- 
 ing foundling children, the furnifhing and fending out parlies of 
 men to oppofe the incurfions of the Indians, who were then very 
 troublefome to the colony ; and the like. Thefe duties it will be 
 convenient to call the oU duties, becaufe they were latterly increafed 
 by an edi<ft of the French king, of which we are now to give fome 
 account. 
 
 This ediA of augmentation was publiflied in the year 1747, and 
 ordains, that the duty of nine livres, or 7 s. 6d. ftcrling, per 
 boghead, upon wine, (hall be augmented to 12 livres, or 10 s. 
 fterlingy per hog(head ; that of 1 6 foJs, 8 deniers, 01* 8 pence, and 
 ^of a penny, upor» every twogallons of brandy, to i livre oi* 4 fols, 
 cr IS. and that of 15 livres, or 12s. 6d. upon every hogfhead of 
 rum, to 24 livres, or 20 s. And thefe increaled duties are appointed 
 to continue for three years. And the motive for making this ang- 
 mentation of thefe duties is declared to be to re-imburfe the trcafury 
 of the king of France for the expence of building the will round 
 the city of Quebec, and alfo to defray the expence, or part of it, 
 of what ftill remained to be done to put the fortifications of Quebec 
 in a proper ftate of defence. This edi(£l was produced at the trial, 
 and was dated the a^d of January, 1747. 
 
 \ 
 
 Thefe increafed duties were accordingly paid : and they conti- 
 nued to be fo beyond the three years appointed by the edidt (which 
 ended in 1751) even down to the time of the conqueft of the 
 
 country 
 
 M;'. , 
 
[ 291 3 
 
 upoiv 
 
 )me old 
 ming of 
 efe were 
 queft of 
 ey were 
 give any 
 jir being 
 lich they 
 ays con- 
 the fup- 
 s the ad- 
 naintain- 
 larties of 
 hen very 
 t will be 
 increafed 
 tivc fomc 
 
 747, and; 
 ling, per 
 or 10 s. 
 :nce, and 
 oi* 4 fols, 
 gfhcad of 
 appointed 
 this aitg- 
 ; trcafury 
 all round 
 sart of it, 
 )f Quebec 
 th6 trial, 
 
 ley conti- 
 dt (which 
 ft of the 
 country 
 
 coufitry ;,by the Britifli arms in 17 $9- But this coniinuation of thefe ^^^pj^'''|.°^^°f'^^« 
 duties was done without an order of the king of France to warrant 'H'l'econqueft 
 it, and therefore was illegal, even according to the rules of thati'MoVpTbu? 
 defpotic government; becaufe no inteii^^nt or governour of a pro- '"'S''')- 
 vince under the French king has the power of impofing taxes ever 
 committed to him ; but it is always exercifed by the king himfelf 
 by hisxoyal cdids for that purpofe : and even thofe edicts are not 
 deemed valid, or ever carried into execution, until they have been 
 regillered in the parliament of the diftridt to which the tax relates ; 
 as is well known. And accordingly fome of the French witnefles 
 at this trial faid, that they had always conceived this continuation of 
 the augmented duties beyond the time appointed by the edi(ft to be 
 an illegal meafure, and an oppreHion committed upon the French 
 fubjeds in Canada by the intendant; and that it had been repre- 
 fented as fuch to ;the French king, or his minifters, who had given 
 it\cim hopies that, it (hguld he rejrc/Ted. 
 
 • 1 1 .,; . , -,- w ,.,.■- , V-.; ., ; ■',... ': . ■ ■ ■ ' ■ ■ ., ■•■ 
 
 By this cdi(ft of augmenta,tion, as well as by the tef^imony of the 
 old witneiTes examined at this trial, it may be colle<Aed that there 
 were before 1 747 the duties which I have above called the o/d duties, 
 upon wine, brandy [eau de v/V] and rum \piildhje\ imported into 
 Canada from Old France, or the other dominions pf the French 
 
 king- ■ V : : . • ; ^... , • ^ ■, ,.,j-3 ... ■. ■ : 
 
 Another edid was produced at this trial, which, though it does Edi^ orrebru. 
 not, as I apprehend, sffcit the duties upon liquors, is yet proper to p7fmg^a"<hity' - 
 be mentioned on this occafion. This edidt was paffed in February, SpoVdrylotdi. 
 1 748, which was one year after the former. By this edi£t the king 
 of France impofed a 4uty of three per cent, upon all goods whatfo- 
 cver imported into Canada, either from Old France, or the other 
 French colonies, except the liquors mentioned in the edi(Sl before- 
 mentioned of the a3d of February, 1 747 j and with refpedt to 
 thofe liquors, he confirms the former edid):, and directs the duties 
 eftablifticd by it to be paid. The edidl then goes on, and impofes 
 like\yife a duty of three per cent upon all goods of the growth of 
 Canada that (hall be exported from thence either to Old France or 
 to the other French colonics, excepting the ikins of orginals (or 
 American elks) upon which it ordains that the Cam* duties diall be 
 paid as were paid before. 
 
 O a Then 
 
 HO 
 
 ;i- 
 
 'I 
 
 I: 
 
 t : 
 
 1 . 
 
 
 lUl 
 
 i 
 
f 292 3 
 
 Then there fbllows an exception of c6rn, meal, and certain other 
 goods exported from Canada, which it declares to be free from this 
 duty on exportation j and then follows another exception of fome 
 particular kinds of goods imported into the colony, which are freed 
 from the duty on importation. V -^'^^ii»^i '^nu.ll t^M .,, 
 
 '''fhcn\fie^e1on6\^M to laft'pl^^^ of reguliti6trt and di- 
 
 rections concerning the manner of colledting thefe duties. 
 
 This is the. fuhftance of this fecond edift; concerning which 
 it is proper to obferve, that the words niade ufe of through- 
 out the whole of it are. All goods imported into Canada from old 
 France or the French colonies y and not all goods imported into Canada 
 from any part of the 'world. And further it muft be obferved, that 
 it appeared clearly upon the trial, from the teftimony of all the 
 witnefTes to whom the queftion was put, that no eau de v/V, or 
 brandy, was brought into the province from any country but old 
 France, and that all other brandy was contraband ^oods and would 
 have beea confifcated. '• " 
 
 ,«i4t 1. 
 
 iV ii f. 
 
 This fecond edift was made in February, 1748, to defray the 
 expence that had been incurred in the war then on foot with Great 
 EdiA of March, Britain in defending Canada. But in the very next month,' that 
 toglhe'iSi" is» in March 1748, the execution of it was fufpended by another 
 ^"fjl'j^^^^edidl till the war fhoulii be at ah end and the peace (hould be known 
 fttinK peace in Canada. This fufpenfion continued till the following year 1749, 
 S"SS'T''when the peace of Aix la Chapelle (which was concluded in 1748) 
 was known in that country ; and then it expired, and the Cana- 
 dians paid the duty of three per cent, upon goods imported and ex- 
 ported impofed by the fecond edift above-mentioned, pafTed in 
 February, 1 748, and continued to pay them till the year 1 7.39, when 
 the country was conquered by the Britifli arms. 
 
 In this third edidt of the fixth of March, 1 748, which fufpends 
 the execution of the edict of February in the fame year, there is 
 a claufe exprefly declaring that this fufpenfion does not extend to the 
 duties on wine, brandy, and rum, impofed by the edi£t of January, 
 1 747, but that thofe duties fhall continue to be paid according to the 
 form aud tenor of that edi<ft. But there is nothing that makes that 
 edid perpetual, or extends the payment of the duties impofed by it 
 
 beyond 
 
I 293 ] 
 
 I i 
 
 other 
 in this 
 • fome 
 : freed 
 
 ,nd dU 
 
 which 
 rough- 
 rom old 
 Canada 
 d, that 
 all the 
 v/V* or 
 but old 
 1 would 
 
 fray the 
 Great 
 h, that 
 another 
 known 
 ir 1749, 
 n 1748) 
 Cana- 
 and ex- 
 aflfed in 
 9, when 
 
 fufpends 
 there is 
 id to the 
 January, 
 ng to the 
 akcs that 
 )fed by it 
 beyond 
 
 'b65'ond the three years mientionedinit. There is indeed in the fecond 
 ediift, of February, 1748, that impofes the duty of three per cent, 
 upon dry goods, an expreffion by which there is fome pretence for 
 fuppofing that the augmented duties upon wine, brandy, and rum 
 eftabliihed in the foregoing year 1 747, were r.ieant to be made per- 
 petual. This expreffion occurs immediately ?xter the exception made 
 of wine, brandy, and rum, from the commodities that are to pay the 
 new duty of three percent, impofcd by that edid; for it is then faid, 
 f&at theje liquors JJjali continue to be charged with the duties impofed by 
 the aforejaid edi6i of augmentation of January, i 747. Now this ex- 
 preffion ^' Jhall continue to be charged^' may be condrued to mean 
 either that the duties impofed by the edidl of augmentation fliall be 
 continued beyond the three years appointed by that ediifl, and made 
 perpetual, or that they {hall continue to be paid only during that 
 time agreeably to the diredlions of that edid. But the former of 
 thefe feems a harfh conAruction of this claufe, and the latter to be 
 it's true meaning. 
 
 This is a pretty full account of the contents of thefe edifts of 
 the French king, and of the evidence given at the trial of Quebec in 
 Odtober, 1 769 i from which we may draw the following conclu- condunont 
 
 _ : ■' ' O drawn from tht 
 
 lions ; to wit, foregoing trial, 
 
 ;i ■ ■• 
 
 Firft, That there were legally exifting in the province of Quebec Firftcondufwn. 
 at the time of it's being conquered by the Britifli arms, the follow- 
 ing duties upon wine, brandy, and rum imported into it from Old 
 France, and the other dominions of the French king ; to Wit,, 
 
 -'^ . 7s. 6d. ftcrling per hogfliead, upon wine. 
 
 4 T P^*" gallon, upon brandy. , 
 
 I a . 6 per hogfliead, upon rum. 
 
 Secondly, That by an edid of the king of France pafled in Ja- s«cond cwiciu- 
 nuary, 1747, were increafed to the following quantities ; to wit, to 
 
 '( i 10s. fterling per hogfliead, upon wine. 
 
 6 d. per gallon, upon brandy. 
 And 1 1. per hogfliead, upon rum. 
 
 And 
 
 I iii 
 
 '■L 
 
Third eondu- 
 fion. 
 
 C «94 ] 
 
 ' And that this augmenfation of thefe duties wa« made for A Tpeciai! 
 and temporarj' purpofe, namely to defray the cxpence of tlie fortifi- 
 cations of Quebec, and was appointed to continue only for three 
 years, or till the year 1751. 
 
 Thirdly, That thefe augmented duties, notwithftanding this limita- 
 tion of time appointed by the edidt that augmented them, did yet 
 continue to be levied and paid by the Canadians after the expira- 
 tion of the faid three years, and down to the time of the conqudl cf 
 Quebec in 1 759. But that there was no authority for this continua- 
 tion of them by any edidt of the king of FraTice, except thofe doubt- 
 ful, expreflions above-mentioned in the edidl of February, 1748. 
 
 Fourth coaeiu- Fourthly, That therefore thefe augmented duties were ralfed illegally 
 frqm 1751 to 1759; and that during that period the French officers 
 of government in Canada ought only to have rai fed the old duties 
 upon thofe commodities mentioned in the firft dfthefeconcLunons. 
 
 Thefe are the concluHons which may be drawn from the trial in 
 Odlober 1766, concerning the payment of thefe duties in the time 
 of the French government. It is now proper to mention what had 
 been done with refpedl to them fince the conqueft of the province 
 by the Britifli arms in 17C9 and 1760, and before the demand of 
 them above-mentioned, which was followed by the trial in Odtober, 
 
 .•:'L 
 
 In the year 1761 major-general Murray, who was left in, Canada 
 npofed by**m:i- '" ^^ chicf command of the king's troops there, impofed, by his 
 ,r-senen\ Qwn authority arifiug from that military command, the following 
 
 Iiirray m 17*1 .. a. %' • ^J** *U * • 
 
 Duties on 
 ftrong liquors 
 itnpofi " 
 
 jor-gei 
 
 durT"/hi" miul dutics Qn ftrong liquors imported into that country j to wit, 
 
 tary govern- - 
 
 Ricnt of Canada. . 
 
 Firlt, Five (hillings of current money of Halifa?^ inNova Scotia, or 
 four fliiliings and fix pence fterling, upon every hogdiead of wine 
 imported into that country. 
 
 Secondly, Six pence of the fame money, or ^^. of fix pence 
 fterlingi or fomething lefs than five pence half-penny fterling, 
 upon every gallon of either rum or brandy imported into Quebec, 
 except Britim brandy,, or corn-fpirits made in Great Britain, which, 
 in favour of the trade with Great Britain, he exempted from this 
 duty. 
 
 2 And 
 
*•< 
 
 [ »95 T 
 
 And thirdly, .Four pence of the fame money, or nearly three 
 ponce thre^ farthings fterling, upon every galloii of ihrub. 
 
 Thefe duties were regularly paid for four years, to wit, from the 
 year 1761 to the year 1765, when the military authority by which 
 general Murray had impoled them was at an end, and the country 
 was governed by the fame perfon in the charader of civil governour 
 by virtue of his majefty's commidion of captain-general and go- 
 vernour in chief of the faid province (now called, by a new name, 
 The Province of ^ebec) which had been received and publiflied in 
 the faid province in the month of Auguft, 1 764 ; and then they 
 ceafed to be collected. And the whole amount of them for thefe 
 four years was 12,2231. of Halifax currency, or ^V of the fame 
 fum, that is, 1 1,000 1. 14 s. fterlingj as I colled: from an account 
 of thefe duties drawn up by the direSion of the faid general Murray, 
 and delivered by the commiflloners of his Majefty's treafury in the 
 year 1768 to the receiver-general of the province of Quebec. 
 
 Thefe duties, it muft be obferved, were not precifely the fame Comparifon of 
 with thofe which had been paid in the time of the French govern- w th th" fVesch 
 ment. The duty on wine, which was only 4 s. 6 d. flerling per ''"'"• 
 hogfhead, was much lefs than even the old French duty on wine 
 before the augmentation in 1 747 j for that was 7 s. 6d. fterling,. 
 per hogfhead. The duty on brandy (other than Britiih brandy,, 
 which was exempted from it) which was between 5 ^d. and 5 .'-. d. 
 fterling, per gallon^ was a little greater than the old French duty 
 upon the fame commodity before the augmentation in 1747, whicli 
 was only 4 4d. fterling per gallon j but it was f^mewhat lefs than - 
 
 the augmented duty on it, which was 6 d. ftciiing, per gallon. 
 And the duty on rum, which was the fame with that on brandy, 
 or nearly 5 4^ d. fterlin?, per gallon, was more than double the old 
 French duty on tue fame commodity before the augmentation in. 
 1747; for that was only 12 s. 6d. fterling, or 15,0 pence, fterling,. 
 per hogftiead, and confequenily only the 63d part of 150 pence^, 
 fterling, or lefs than 2 ^.d. fterling, per gallon. And it was greater 
 than even the augmented French duty upon that commodity (which. 
 was 1 1. or 20 s. or 240 pence, fterling, per hogftiead, and confe- 
 quently about 3 4 d.. fterling, per gallon) in nearly the proportion of 
 tUree to two. 
 
 I 
 
 And 
 
 Thefe 
 
[ 296 ] 
 
 Thefe duties, though paid by the merchants ^Quebec, In obe- 
 dience to the orders of general Murray (which during the con- • 
 tinuance of the military government in that province could not 
 eafily be difputed) were thought by many of them to have been 
 illegally impofed ; more efpecially where they exceeded the duties ' 
 that had bcciv paid on the fame commodities in the time' of the. 
 French govtrnment. And in confequence of this opinion, when 
 general Murray returned to England in the year 1766, five 
 Knglifh merchants who had imported French brandy and New- 
 England rum into Quebec during the continuance of thefe duties 
 fo impofed by the faid general, and had paid the faid duties 
 to the general's collector at Quebec, refolved to bring adions 
 againft him to recover back thele duties, of which they coiiceived 
 Aftiors brought themfelves to have been illegally deprived. Accordingly iii the 
 Mur"ray*i^iJja.' nionth of January, 1768, they brought four different adions againil: 
 IheMuriof' "" thc faid general upon this account in the court of Common-Pleas in . 
 bT"'?"'""' England, demanding by thei. 'declarations the whole of the fums 
 themone"yhr they had thus paid, as duties upon the faid commodities, to the 
 f.i"lhe^Si„. faid general's colledor, as being money had and received by the 
 faid general to their ufe, and which he had therefore undertaken • 
 and promifed to pay them, but then refufed to do fo : to all which 
 adions the faid general pleaded the general plea, that he did not 
 findertake to pay them the faid fums of money, being in no wife 
 indebted to them. 
 
 tiffs. 
 
 opintonofthe On thc I oth of February, 1768, two days before the end of Hilary 
 
 foiS-g"!lc- term, his Majefty's attorney and * follicitor-general gave their opinion 
 
 "• '" f'^'our of that the French duties might legally haVe been colleded, but that 
 
 ties; gTvenFe- thc cxccfs of the dutics coUedcd by general Murray above the 
 
 brua^ry.o, Ffgnch dutlcs ought to be refunded, ' and that the plaintiffs would 
 
 not be able to recover more than that furplus, or excefs, in their 
 
 adions. This opinion of the attorney and follicitor-general I have 
 
 not feen j but I take this account of it from a paper containing an 
 
 account of thefe duties, and of the proceedings had in the court of 
 
 Common-Pleas in England relating to them, which was drawn up 
 
 by the diredion of the faid general Murray, and delivered by the 
 
 commiffioners of his Majefty's treafury to the receiver-general of the 
 
 province of Quebec. 
 
 • N.B. Ml. Dunning was at this time follicitor-general, having been appoirred »,j 
 that office on the 20th of the preceding month of January, 
 
 The 
 
[ 297 ] 
 
 wife 
 
 The 
 
 The pUiintlfl's in thefe adlions obtained an order for a fpecial jury, 3>b!,°on''ihe 
 and gave notice for the trial of them on the 24th day of February, »4t!i ofFcbrua- 
 1 768 ; and they came on accordingly to be tried on that day. The '^^' '^^ ' 
 gentlemen, who were of counfel for the plaintiffs, infifted that the 
 general, who was military governour of Canada during the time 
 that thefe duties were coUeded, had no authority by his commif- 
 lion to levy any duties upon his Majefty's fubjedls in that province; 
 and that it was inconfiitent with the laws of England to colledt 
 them without the authority of either the British parliament, or an 
 aflembly of that province for fo doing ; and that confequently the 
 whole fums fo colleded ought to be refunded. On the behalf of 
 the defendant, general Murray, it was proved by means of the 
 original French cuilom-houfc books (which the general had brought 
 over with him from Quebec upon his late return to England, and , ' '. ,. V.. 
 which were now produced in court, and the fignatures of the 
 French otficers thereto proved by wilnefles) that the aforefaid French . - . * 
 duties had really exiiled and been paid in the time of the French '.,,., ' V 
 government according to the rates above dated. Upon feeing this Thejury, by 
 ib clearly proved, the plaintiffs in thefe actions confented to an offer Ufh paltres,"^ 
 which had before been made them by the defendant, but then jtj'(i^e''H^^^^^ 
 refufed, to let thejury give a verdidl for the excefs of the duty on ''«? '".r ''" "- 
 rum impofed by the defendant above the duty upon the fame com-on'iumimporlj 
 niodity in the time of the French government; meaning, as I l^ufr"y"'>ov« 
 underfland the account, the augmented duty of one pound, flerling, "'<^ '^'^",^'» 
 per hogfhead, or 3-l-d. flerling, per gallon, which was impofed by "'^ ''"'"■ 
 the edidt of 1747 : for the paper above-mentioned makes no men- 
 tion of any diftindtion between the faid augmented duty and the . '.. 
 old duty of I2s. 6d. per hogfhead, that cxifled antecedently to ,-," 
 
 that edidl. And fo thefe caufes ended. 
 
 It is further added in the paper above-mentioned, that, as the 
 counfel for the plaintiffs in thefe aftions were convinced that the 
 fiiid duties had been legally collected, fo far as they did not exceed 
 the French duties that weie payable at the time of the conquefl of 
 Canada by the Biitifli arms, and had therefore accepted the offer of 
 the excefs of the duty on rum impofed by general Murray above 
 the French duty on it, as the whole of what their clients could 
 legally infifl on, it became unn^ceflary for the defendant's counfel to 
 argue the legality of levying the French duties before the judge 
 Vflio tried thefe caufes, who was the very able and learned Sir 
 
 P p Eardly 
 
 1 1' 
 
[ 298 3 
 
 Eap.ply WiLMoT, at that time lord chief juAice of the court of 
 Common Pleas : but that his lordfliip ftemed to entertain no doubt 
 upon the queftion of law, and hinted that the plaintiffs counfel did 
 • \vifcly to accept the terms that had been offered them. And it is 
 further added, that the jury who tried thefe caufcs, and who were 
 fome of the principal merchants of the city of London, were lb 
 fully fatisficd ofthejuftice of their verdiifi', as comprehending the 
 full amount of the plaintiffs jufl: demands, that, of their own 
 accord, they deduded from the offer made on the behalf of 'he 
 defendant, the difference of the exchange between London and 
 Quebec, which was eight or nine per cent, and allowed the fame in 
 the damages found by them for the plaintiffs on account of the 
 excefs of the rum-duty. 
 
 Thciordscotn- In confequencc of the event of thefe acSlions, by which it feemed 
 wSywi-^to be generally admitted by the judge, and jury, and counfel con- 
 imyreibiveto ccmcd in the trial of them, that the kins; had a legal right to 
 
 i):ivc 3 new lUit ^ o o 
 
 indiuuedat collcft the French duties upon rum and other liquors imported 
 
 3?o v«y^o 1 1 'he into the province of Quebec, the lords commiflioners of his Ma- 
 
 on'nron''"[i-* j^%'^ trcafury (of whom the duke of Grafton was then the firfl) 
 
 juors imported refolvcd to demand the payment of them once more o^ the mer- 
 
 vince'ofQue- chants of Quebec, notwithftanding the ill fuccefs of the trial in 
 
 *"• October, 1766; imagining, that the authority of the chief juftice 
 
 of the Common Pleas, and of the fpecial jury of London merchants 
 
 who had tried thefe adions, and of the plaintiffs counfel in them, 
 
 who had confented to the verdids above-mentioned, might prevail 
 
 upon them to accede to the fame opinions, and acknowledge the 
 
 Icing's right to thefe duties. And in this hope they direded Thomas 
 
 Mills, Efquire, the receiver-general of the province of Quebec, 
 
 who was then and is ftill in England, to proceed 'immediately to 
 
 Tiv^'addSar Qjicbec, and inftitute a new fuit for the recovery of the duties 
 
 thereMiv"r-ee- above-mentioncd, which were claimed by his Majefty as having 
 
 reraiofthat Herctofore bclongcd to the French king, and gave him fome new 
 
 Fng to'thw.i' " additional inftrudtions relating to them, which were as follows ; 
 
 Indrudions 
 
C «99 ] 
 
 Inftrudions to Thomas Mills, Efquire, Recc t and 
 CoUcdor of the Revenues in the Province of Quebec. 
 
 UPON your arrival at Quebec, you are to ad and condu(ft your- Tenor of the 
 felf in the following manner, until you receive further inftruc- S;ia|,',',s?* 
 tions from this board. 
 
 In cafe a verdidV, or verdidls, fliall be obtained in favour of thcTocoUcAthe 
 crown, you fliall collea all the duties that appear to have been *'""'* ''"""* 
 colledtcd by the French government in 1757* except the following; 
 that is to fay, 
 
 On all Britifli brandies, and other fpirits imported from Great Tocoiiec^oni. 
 Britain, and being the manufadure thereof, you fliall colledl no .uuiesonBru'ini 
 more than one half of the duty which was levied by the P'rench '^""*' 
 government in 1757 °^^ brandies and fpirits of the like quality im- 
 ported into Canada. 
 
 You fliall forbear to colle(fl: any part of the duties which were ^'" ''"•r '" ^v* 
 levied by the French king in 1 757 upon dry goods imported and goojs.'e °«rt! 
 exported, except the duties upon tobacco and fnuff imported j 
 
 upon finiff iind 
 
 His Mdjcfty being gracioufly pleafed to remit one moiety of the 
 dutits on Britifli brandies and fpirits, and the whole of the duties 
 on dry goods imported and exported, except as before excepted, 
 as well in tendernefs to his fubje(5ls in the province of Quebec, as in 
 favour of the manufa<flurers of Great Britain. 
 
 Given under onr hands at the treafury-chambers In V/hitehall 
 the 21ft day of May, i 768. 
 
 ( Signed ) GRAFTON, 
 NORTH, 
 C. JENKINSON. 
 
 Thefe Inflru<ftions were fent by the faid Thomas Mills, Efquire, Ti.cn^i.iifnic- 
 receiver-gcneral of the province of Quebec, to Heiftor Theophilus {|;'?|,.Xf,';' 
 C^raniahe, Efquire, who, upon Mr. Mills's departure 'from the '-^pni^viii, 
 
 P p 2 province''""*' 
 
 if] 
 
C 300 ] 
 
 province in J 767, had been appointed temporary receiver-general 
 of the revenue in his (lead and during his abfcnce by a coinmiffion 
 under the public feal of that province, there being no power in Mr. 
 Mills's commiflion of receiver-general to appoint a deputy in that 
 oflicc. See above, pages 153, 154. And with thcfe inftrudions 
 were fent the paper above-mentioned concerning the duties that had 
 been collc(fl:ed by general Murray's order from the year 1761 to the 
 year 1 765, and concerning the caufes that had been tried in the court 
 of Common Pleas in England in the preceding month of February, 
 1768, and a letter from Grey Cooper, Efquire, oneof thefecretaries 
 of the treafuiy, to Guy Carleton, Efquire, at that time lieutenant- 
 governour and commander in chief of the province of Quebec, 
 defiringhim, in the name of the lords commiflioncrs of the treafury, 
 to give all the aid and afliftance in his power to the faid Hedlor 
 Theophilus Cramahe, Efquire, during Mr. Mills's abfence, and to 
 Mr. Mills himfelf upon his arrival in the province, towards carryii'\5 
 the faid inflrudions into execution. 
 
 Pu:iiic notice it Thefe infl:ru6lions were received at Quebec about the end of 
 fj^"ec"guzctte Odober, 1768: and, in confequence of them, Mr. Cramahe, the 
 inFcLruary, tcmporarv receivcr-general of the revenue, gave public notice in the 
 
 1769, that the ,^ \ ■' .|T-«t /•ii-i*'-t-«i 
 
 irench duties Quebec gazctte in the rebruary following, that is, in rebruary, 
 ^i upwAhT"'^' 1 769, that thefe duties on rum, brandy, and wine would be 
 ftrong liquors (Jemandcd and required of the importers of thofe li v'ors upon all 
 
 impprted in the , . . i ^ /i i j • ' /- i • l r • r • i 
 
 •iifuing feafon. thc quautitics they mould import ot them in the enfuing fpring and 
 fummer, according to the rates appointed by the laft inftrudions 
 received from the commiflioners of the treafury. And when the 
 fhips arrived with thefe ftrong liquors, he accordingly demanded 
 thefe duties. But none of the importers would confent to pay 
 them. Upon this an information was filed by the attorney-general 
 of the faid province by the direftion of the faid lieutenant-ffovernour. 
 
 An information ji/-.j^ • ir^L -ot 
 
 is iiroi.oht for and the faid temporary receiver- general or the revenue, againlt the 
 rnm'^agliX" ^^o principal importers of rum from the New-England Colonies, 
 two partners Mr. Ifaac fVcrden and Mr. John Mercier, who were partners in trade 
 fixTy-iwriiogr- and had imported fixty-two hogfheads and a half of New-England 
 SaJ"V,S.''i«m. This information was as follows. 
 
 An information filed in the fupr erne court of the province of^C" 
 bee, before William Hey, Efquire^ the chief jujlice of the faid 
 province^ by Francis Mafercs, Efquire, ihe attorney-general 
 
 of 
 
 I 
 
 
[ $01 ] 
 
 of the fame, in the fejjion of the fmd court holden at the 
 city of i^dcc in Jufy, 1769, againji Ifaac Werden and ]o\m 
 Mercier, of the faid city of ii^uebec in the f aid province ^ mer- 
 chants t for refujing to pay to his Mqjejifs receiver-general of 
 the revenue of the f aid province of ^e bee thefum of/ixty-fwa- 
 pounds, ten Jhil/ingSy of laiiful money of Great-Britain, as a 
 duty due to his Majefly upon the tm par tat ion of Jixty-tivo 
 hogP^eads and a half of rum imported by them into the f aid 
 province of ^lebcc from certain others of his Majefly s domi- 
 nions in North America^ 
 
 ] 
 
 Province and 
 District of 
 Quebec. 
 
 Be it remembered that Francis Maferes, Efquire, attortjey-generaltuunoroT 
 efour lord the King in the province of ^e bee in America, ivho profe- U'tf^lf. '"'*"■" 
 cuteth for our faid lord the King in the /aid province, being prefent here 
 in court on the twentieth of July in the ninth year of the reign of our 
 faid lord the King, for and in behalf of our faid lord the King, gave the 
 court to underjiand and be informed that, 'whereas the faid province of 
 0urhec. which -was formerly called and known by the name of Canada, * 1^te'''"t'ie 
 ivas heretofore, that is to Jay, in the year oj our Lord jejus Cbrijt one liquors imron- 
 thoufand, /even hundred, and fifty- eight, and long before, a. part o/vi.c" in '.!>?"" 
 the dominions of the French king, and fubjeci to his authority, ^nd'l^^^'^l'^^^^^^^^ 
 that during many years of thefubjeSiion of the faid province to the faid m^-xu 
 French king, and at the time immediately preceding the conquejl thereof 
 by the arms of our late fovereign lord George the fccond, late King of 
 Great^Britain, grandfather of our lord the now King, in the year of 
 our Lord J ef us Chrijl one thoufand, fevcn hundred, and fifty-nine, cer- 
 tain duties and impofis were lawfully levied by, and paid to, the faid 
 French king upon certain firong liquors then imported into the faid pro- 
 vince from Old France, and the other American colonies thenfubjedl to 
 the faid French king ; which duties loere as follows -, to wit, firfi, a 
 duty of twenty-four French livres upon every barrel containing fome-'^^^^r^.v^ 
 ivhat lefs than fixty -four gallons ofEngltJb meafure of a firong liquor Tilf duly 
 then called %y^M\ve, made by d'fiillat ion from molafes, imported intoll^Z'^"' 
 the /aid province from Old France, or the other colonies thenfubjeSl to 
 the /did French king; and fecondly, a duty of one French livre and 
 fourfoh upon every meafure called a veldt, being equal to two gallons 
 
 and. 
 
 on 
 or rum. ■ 
 
 oni'e»' 
 or 
 
 \\ 
 
The Jr.ty on 
 u inc. 
 
 . [ 302 ] 
 
 and three tnuetily-Jifth pnrts of a gallon ofEnglijh mecifitrCt of a flrong 
 liqucr then called tau do vie, tnade by diji illation from wine and divers 
 kinds of fruits, imported into the /aid province from Old France^ or 
 the other colonics then fuhjx'l to the /aid French king ; ««</, thirdly^ 
 a duty oj twelve Froich Itv? es upon every barrel, containing fomcwbat 
 L'Js than fxty-four gallons of linghjlj meajhre, of wine imported into 
 the f lid province from Old France, or the other colonies then fuhjeSi to 
 thefaid French king. 
 
 'ri'.'Mili.r ')f tlip 
 rijii! t) llic l',,i,l 
 drtics from tlit 
 I rem h kill;.' 10 
 e.w: lit.' Kill ; 
 CJi'Dl'^C llic Ij- 
 t'm.l ')y t'lt 
 CdiiiiiicU of the 
 f I'ovincc. 
 
 diiti:ifr.)mKin,' 
 Citorj'e llie fc' 
 
 And ivhcrcas the f aid duties upon the fald liquors did, immediately 
 upon the conquejl of the province by the arms of our f aid late fovercign 
 lod King iicorge the feond, grandfather of our lord the now King, 
 be.ome, by right of war, lav-fully vejled in, and payable to, our faid 
 late lord King George the fecond, and his heirs and Juccejfors, Kings of 
 Great-Britain, as parcel of the revenue of the crown of Great-Britain ; 
 r<rfc>-nt ot tiie ^ ^^^^y^ w/'o« the demife of our faid late lord King George the fecond, the 
 right to the faid duties did defend to our fovereign lord the now King, 
 ton J 10 the pro- as parcel of the revenue of his crown of Great-Britain ; and were after^ 
 o'niiiiiul'i ,11 wards further confirmed to be the rightful and lawful property of our 
 
 ki r.-N li'in t'o fo^^^ ^"'"^ ''^^ "^'^'^ ^'^^"S h ^^'■' fi'^^^ ^^'^ abfolute cejjion of the faid pro- 
 
 tiio'linj aiitics 'oince, and of all the rights, dues, and revenues of the faid French 
 
 c-arab'i'n'the° king arifug in and from the faid province, tnade to our faid lord the 
 
 LTKaruui r* ^^'^*' ^^^Z h ^^^' J'"^ French king by the definitive treaty of peace con- 
 
 "''i' ' .eluded at Paris in the year of our Lord Jefus Chrifl one thoufand, feven 
 
 hundred, and fixty-three ; aiid have ever fnce continued, and fill do 
 
 continue, to be lawfully due and payable to our faid lord the now King, 
 
 as parcel of the revenue of the crown of Great- Brita'tn. 
 
 y^/7^'Z£'/6^rt'^jHe6torTheophilus Cramahe, Efqulre, the temporary 
 
 Kot'ice "iven (n 
 Vc'iru.'.iy, 1769, 
 
 oazaiMiiattiie''^'^^^"'^^'*'^^''^*^^^ ^''^^ ^^°'^^ ^'^^''S, ^'^ thefaid 
 
 I'lid ilmics 
 uoiild be dc- 
 
 province of ^ebec during the ^^^f/zf^ 0/ Thomas iMills, Efquire, the 
 nianJai on tiic rccciver -central oj t he Jaid province appo.ntca by letters patent of ourjaui 
 \^lTniy!'lLr'^ lord the now King, from the faid province, did, 'on thcfcventh day of Fe- 
 bruary laji in the ninth year of the reign of our faid lord the now King, 
 and on divers other days in the faid month of February, and in the 
 jollowing months of March and April, give public notice to all the 
 merchants and others whom it might concern in this province by an ad- 
 vertifement in the public news-paper of this province called- the ^ebec 
 Gazette, that, in purfuance of orders lately received in that behalf from 
 the lords commif loners of his Majefys treafury, he the faid tei:,^>Qrary 
 
 3 receiver" 
 
 andy 
 fliould be im- 
 ported into 
 <^cbcc in tlie 
 following fea- 
 fon. 
 
C 303 ] 
 
 rcccher-genefal Jlif propofe to demand and collet from all ve/faJs that 
 
 jhould arrive in the port of ^twbcc in the cnjniug feci fon^ a duty of ten 
 
 fiydlings of Idicjiil r.Tr/ney of Qrcat-Uritain (being equal in value to 
 
 tWihe French livresj upon every hojjhead of -ic-ine that Jljould be im- 
 
 ported into the fald province in the Jaid vejj'e/s, and a duty of twenty 
 
 fJ.'iliir.gs of like IcAvful money of Great-Britain ( being equal in value to 
 
 ticerfyfour F:-\-:ch Uvre.f upon every hogjhead of rum that Jhould hi 
 
 iaiporieJinlo t be f aid province in the faxlvefels^ and a duty of one Jhilling 
 
 of like liiivfhl money cf Great-Brifain f being equal to one French livre 
 
 and fo'ir fo!s) upon every veldt ^ or meafure of two gallons, of brandy, 
 
 that jh-^dd be imported into the faid province in thefaidveU'eUy being 
 
 rejpe^lively equal to the feveral duties above-?nniti'jned that ivere laiv- 
 
 Jui'ly levied and paid to the French king aforefaid, during fjis poffeffion 
 
 ef the faid province, upon wine, and tipon the f-'rong liquors above-men- 
 tioned, called guild'ivc and ezn dc vie, imported into the faid provime 
 from Old France and the other colonies thenfubje5l to the French king : That U'^ic 
 yet Ifaac VVerden aW John Mercicr, of the town rf <^ekec in the faid^^'fl^^f-^,. 
 province, merchants, not ignorant of the pre mtfl-s, but wickedly and'y''^'^''v^"'''<i 
 craftily intending to deprive and defraud his faid Maje/ly the now King '^^yfff-A- 
 ofthe duties aforefaid, and to diminifh andim'overijh the revenue ofhisfiid^^;^.^!^] ' '"'^ 
 ^fi*f^y* jnftfy belonging to him in right of his crown of Great-Britain, 
 did at fome time ajter the twenty fifth day of May, in the ninth year 
 of the reign of our faid lord the now King^ and before the day cf ex- 
 hibiting this information, cattfe to be imported into the aforefaid port of 
 ^ebec in a certain Jhop or vcffl called The Felly, le/'irt'p/'Alexander 
 lioufton was the mafler, from certain of his faid Mnjfifs colonies in 
 North Ame7'ica, twelve large cafks of rum, containiiij about otie hun- 
 dred and ff teen gallons each, and eighty fmaller cafis of the fame 
 liquor, containing about thirty-two gallms each, all which lar/^er and 
 fmallei- caffis together contain upwards of three t hoi f and ::ine hundred 
 and forty gallons of the faid liquor, or fome what more thtv^ fixty two 
 /bog/heads and a haf\ of fixty-three gallons to each fiogjhcad, upon i,,,on wiudi a 
 ivhich, according to the dema>ui aforefaid of the Jaid temporary receiver- ^^l^y"^f'-\"='^- 
 general, and the rights of his Jaid Majejiy above Jet forth, a duty (j/Jucto'liicKing-. 
 fixty -two pounds and ten flfdlings of lawful money of Great -Britain was 
 jufily and lawjully due and payable to the Jaid temporary receiver-gene- 
 ral, for the ufe of his Jaid Majejiy ; and did caufe the faid quantity ofHte^duCcd'' 
 rum to be landed from the faid flfip in the faid province of^ebec, with- ^^^^ ^""^l-Xl^nt 
 ■GUt paying, or fecuring to be paid, to the faid receiver-general, on the^^y^i^V'^i^ii^ 
 
 behafff'"''' 
 
[ 304 ] 
 
 behalf and for the ufe of our fnid lord the noiv King, the fald duty of 
 
 fixty-fwo founds, ten jhillings, of lawful money of Great-Britain^ Jo 
 
 And tiiit. due as is aforefaid thereupon, or any part thereof; but that they the 
 
 ^''"■hvYtTpay f'id Ifaac and ]o\w\, though they have been often required by thefaid 
 
 CqU'.l 
 
 'he h'atcaiwi s Hcdlor Thcophilus Cramahe to pay the faidfum offixty-two pounds^ 
 .ciiiiVd.iiviaui ten f killings, of lawful money of Great-Britain, to him thefaidHedior 
 rchi.utoioto. 'pi^eophilus, on the behalf and for the ife of our f aid lord the now 
 King, have never thelcfs always refufed, andjiill do refufe, aiid each of 
 them hath refufed and fill doth refufe, fo to do; in contempt ofourfaid 
 lord the now King, and to the evil example of others who may hereafter 
 offend herein, and to the impoverijhment oftl^ crown of our f aid lord the 
 Darnase tiieieby King of Great-Brltaiu, and the damage of the revenue thereunto be- 
 
 "'" longing, to the value of five hundred pounds of lawful money qfCreat- 
 
 IFhereupon the faid attorney-general of our faid lord the 
 King for the faid province of Sluebec prays the advice of this honoura- 
 ble court in the premiffes, and that due procefs of law may be iffued 
 againfi them the faid Ifaac Werden and John Mercier, to caufe them 
 to appear h thefaid court and anfwer to our faid lord the King touch-' 
 ing and concerning thepremiffts, 
 
 FRANCIS MASERES, 
 Attorney-general. 
 
 iiccrimig to til 
 
 revenue ot'riu' 
 
 crosvn of Circut Britain 
 
 bntain, hve 
 
 hundred 
 
 founds. 
 
 ^i-h°^^°' To this information the defendants pleaded the general plea of 
 
 ^"' ^' Not guilty ', and upon tliis plea iflue was joined, and in the fame 
 
 month of July the caufe was tried at Quebec by a fpecial jury be- 
 ma/<:7o't'he7ury forc the cliicf juftice of the province. On this occafion it was re- 
 foVth/aown. prefented to the jury by thofe gentlemen who were of counfel for 
 the crown, '* That, whatever might have been afTerted to the con- 
 ** trary, in order to inflame the pafiions of the people, and preju- 
 ** dice the minds of the jury againft thefe duties, the King did not, 
 in requiring the payment of them, mean to exert any prerogative 
 of impofing taxes upon his fubjeds in this province by his own 
 fingle authority, and without the confent of either a provincial 
 affembly or, the general aflembly of the whole British empire, the 
 parliament of Great Britain, in derogation of the famous petition 
 of right in the third year of king Charles the Iftand of other fun- 
 damental ftatutes of England \ but that his Majefty only claimed 
 
 thefe 
 
 «( 
 
 it 
 
 <( 
 
 .<( 
 
 (< 
 
 <( 
 
[ 305 ] 
 
 « 
 
 K 
 «( 
 (( 
 « 
 tt 
 it 
 t( 
 (( 
 (f 
 t* 
 (( 
 tt 
 <( 
 »« 
 ft 
 <i 
 tt 
 it 
 t( 
 tt 
 it 
 <t 
 ti 
 tt 
 .-( 
 (( 
 tl 
 tt 
 tt 
 <c 
 tt 
 tt 
 tt 
 « 
 (( 
 tt 
 tt 
 
 thefe duties, as being taxes that were legally fubfifting In the pro- 
 vince at the time of the conqueft of it by the Britifh arms, and 
 which had confequently been transferred by the laid conqueft 
 from tlie French king to the King of Great-Britain, together 
 with the fovereignty of the province, and the other branches of 
 the public revenue of it, or property that had belonged to the 
 former fovereign j fuch as the caflle of Saint Lewis, which had 
 been the French governour's palace, the intendant's palace, the 
 barracks for the fcldiers, and other buildings that had belonged 
 to the French king ; and the quit-rents and fines upon aliena- 
 tion that were due to the French king from the owners and pur- 
 chafers of all lands and houfes that were holden immediately of 
 him : all of which were almoft univerfally acknowledged to have 
 been transferred by the conqueft from the French king to the 
 King of Great-Britain : and that this was the manner in which 
 the King's claim to thcfe duties had been flated in the informa* 
 tion itfelf, in order to fliew that nothing more was aimed at.— 
 That therefore this requifition of the duties did in no degree en- 
 danger the public liberty of the inhabitants of that province, and 
 and the privileges they claimed either as Englifhmen in general, 
 or under the King's proclamation of Odlober, 1763, by which hig 
 Majefty had promifed them the enjoyment of the benefit of the 
 laws of England ; and confequently that it ought not to be an 
 objedl of their jealoufy. — That if the fubjefl was confidered with 
 a view to expedience and policy, it feemed to be agreed by moft 
 people that the payment of thofe moderate duties upon fpirituous 
 liquors was not only in itfelf juft and reafonable, but was likely 
 to prove beneficial to the province by checking the drunkennefs 
 and debauchery that the too common ufe of them gave rife to— 
 That whether, or no, thefe duties were legally due to the King 
 upon the ground above itated, was a new and a nice point of 
 law, that required a very ample difcuffion, and a mature confi- 
 deration of all the arguments that might be alledged either for 
 or againft it, by judges of the greateft learning and ability : and 
 that therefore, if the fadts in the caufe fhouild bje proved to 
 their fatisfadion, it would be proper for them to find a fpeciaj 
 verdidt on this information, to the end that the faid arduous 
 matter of law might be properly confidered and determined.*' 
 
 Qj 
 
 After 
 
[ 3o6 ] 
 
 Fafts proved on 
 the trial. 
 
 I 
 rii« chief juf- 
 (iceexhortt the 
 inry to find a 
 |>«ci4lver<li^ 
 
 After this addrefs to the. jury, the witneffes for the crown were 
 called and examined, and all the fads in the caufe were fully and 
 clearly proved j to wit, firfl, that the faid duties on rum, wine,' and 
 hrandy had exifted and been paid in the time of the French govei"n- 
 ment in the manner that has been above ftated in the account of 
 the former trial in ©(Sbber, 1766 ; and fecondly, that the defen- 
 dants had lately imported into the province fixty-two hogftieads and 
 a half of rum from New England, and landed them without paying 
 the duty, or giving fecurity to pay it ; and thirdly, that they had been 
 required by the temporary receiver-general of the revenue to pay the 
 faid duty, but had refuled to pay it : fo that the only remaining 
 doubt in the caufe was concerning the point of law above-mentioned, 
 'Whether, or no, in confequence of the conqueji of the country, and the 
 transfer of the fovereignty over it from the French king to the King of 
 Great Britain, thefe duties njoere become legally due to the King of 
 Great-Britain, 
 
 MlinUI 
 
 : » 5 i . J. h 
 
 'C'Ji. 
 
 •iVt/UJi 
 
 xj':;; 
 
 When the evidence was gone through on both fides, the chief 
 juftice fummed it up to the jury with great judgement ^nd perfpi- 
 cuity, and exhorted them (as he had done the former jury in Odo- 
 ber, 1766) to bring in a fpecial vcrdidt, that the matter of law, 
 which he confidered as very new and difficult, might be fully and 
 ,. maturely examined both by himfelf and the other higher tribunals to 
 which it might, if the parties fo thought fit, be removed by writ of 
 error, and that, in confequence thereof, it might be at laft rightly de- 
 cided. But the jury (though they confifted of lome of the moft refpce-, 
 table inhabitants of Quebec, and of fuch as were moft moderate in their' 
 principles and difpofition) could not be perfuaded either by this ex- 
 nortation of the chief juftice of the province, or by the example of^ 
 the jury of London-merchants who tried the adions againft general 
 Murray in February, 1768, and the concurrent opinions of the' 
 chief juftice of the Common Pleas in England and the counfel for 
 the plaintiffs in thofe actions in favour of the King's right to the 
 French duties, to find either a verdid for the crown, or a fpecial 
 But they find a vcrdid } but without much deliberation they gave a general verdid' 
 Kediftnf- for the defendants, that they were not guilty of the charge. •*' " 
 
 •nts. , '^ 
 
 It will be highly Such was the event of this fecond trial for thefe duties: after' 
 fue'l£th."c"° which, r prefume, it may be concluded that they can never be re-' 
 
.otn: 
 
 r.i' 
 
 ,('. 
 
 O/fMi 
 
 [ 
 
 307 
 
 1 
 1 
 
 li/' 
 
 ■u%^ 
 
 covered by fuing for them in the courts of Quebec, and confequently 
 that no Enghlh minifter will ever hereafter endeavour to recover 
 them in this way ; fince every attempt of this kind that is not at- 
 tended with fuccefs, has a pernicious tendency to weaken the 
 authority of government in the eyes of the Canadians, and leflen 
 their reverence for the crown. If the King's minifters perfevere in 
 their refolution to have thefe duties coUedlcd, they had better at 
 once get them impofed anew by an adt of the Britifli parliament. 
 
 As by this determined refolution of the inhabitants of Quebec to 
 find verdidls againft the crown whenever thefe duties (hall be fued. 
 for, the queftion concerning the King's legtil right to them is become 
 a matter of mere curiofity and fpeculation, it can be of no preju- 
 dice, either to the crown or to the importers of rum and brandy 
 into the province of Quebec, to inquire a little into the merits of it, Aninquiiyimo 
 and to mention fomc reafons that have fometimes inclined nie tOp^u'^j'/^j-^ij^ 
 doubt whether this claim of the crown is juftly founded. King's claim to 
 
 •^ ■ " • thefe «liities.> 
 
 I fliall readily upon this occafion admit the propofition upon which Thefundamen- 
 I conceive this claim to be grounded, to be an undoubted maxim of J,','/„'°?',"iSthii 
 law ; to wit, that every tax that was lawfully due to the King of «'='""" 
 France under the French government in this province, as well as ^'°"" * '^ 
 every feigneurial and territorial right that had belonged to him 
 (fuch as the right to the caflle of Saint Lewis, the intendant's pa- 
 lace^ the barracks for the foldiers, and all the ungranted lands in 
 the province, -and the quit- rents and mutation-fines arifing from 
 thofe that are granted) becomes, ipfofaSlo^ by th^ change of the 
 fovereignty of the country, upon the conqueft and fubfequent final 
 ceffioff of it by the definitive treaty of peace in February, 1 763, the 
 legal due of the King of Great-Britain i unlefs fomc acft of the King 
 6f Great-Britain himfclf, or his predeceflbrs, done either before or 
 after the ceflion of it, fhall have abridged his rights in this refpeft ; 
 and confequently that any internal tax (fuch as a tax on horfes, or , 
 
 windows, or houfes) that ftiould have exifted legally under the 
 French government at the time of the conqueft, would clearly and 
 certainly now belong to the King of Great-Britain, unlefs, as is 
 above-mentipni^d, fome adl of his own, or his predeceflbrs, had 
 deftrpyed hiis right to it. This I admit as a fundamental maxim, I 
 
 by which this queftion is to be governed j but yet have a doubt 
 
 Q q 2 whether 
 
[ 308 ] 
 
 .ti 
 
 Rcafonsfor whcthcr it caii be applied to the duties on the importation of wine, 
 ff'thlKing'sruni, and brandy into the province of Quebec, fo as to fupport the 
 daim of theft K.ing's claitii of them, for the reafons following. 
 
 duties IS legal. o o . , 
 
 Flrft reafon. 
 
 reh 
 
 rade and the 
 
 Second reafon. 
 
 In the firft place, the adls of parliament 
 cuftoms to be paid in the American plantations, exprellly compre- 
 hend, by words put in for that purpofe, all his Majefty's territo- 
 ries in America either then belonging, at the feveral times of 
 palfing thofe ads, or that afterwards (hould belong to the crown 
 of Great-Britain : fo that here is a fyftem of laws relating to the 
 cuftoms upon goods imported into, and exported out of, this and 
 all the other colonies in America, that is ready made, and exifls 
 before-hand with refpedt to every new acquifition in that country, 
 and therefore niuft take place and be carried into execution in every 
 fuch new colony from the moment at which it becomes a part of 
 the dominions of the crown of Great-Britain. Now this fyftem of 
 duties on goods imported and exported, thus impofed or appointed 
 before the acquifition of every new colony, feems to be intended to 
 fupcrfede all the other duties that may be fubfifting in it at the 
 time of it's becoming a part of the dominions of the crown of Great- 
 Britain : and, if fo, it will follow that thefe afts of parliament, 
 which have been paffed, or alTented to, by the King, or his royal 
 predeceflbrs, ought to be confidered as ads by which they have 
 before-hand renounced, refigned, and given up, their future right 
 to any cuftom on goods imported into, or exported out of, any new 
 territory in America, that fliall be found legally fubfifting in fuch 
 territory at the time of their acquifition of it, and which would 
 otherwife have accrued to them by virtue of the above-mentioned 
 maxim of law. And this renunciation of the faid right is not made 
 gratis, or without a valuable confideration, but in exchange for 
 certain other duties, or cuftoms, impofed by thofe plantation-a<fts 
 of parliament in their ftead. 
 
 Secondly, In a ftatute made fince the conqueft and ceflion of this 
 province, namely, the ftat. 4 Geo. III. c. 15. certain duties are 
 impofed upon Madeira wine and Spanilh wine, and upon foreign 
 molaffes and fyrups, imported into the American colonies : but no 
 mention is made of a duty upon Britifti fpirits. And as to French, 
 and other foreign fpirits, they ars abfOlutely prohibited in it. Now 
 
 4 this 
 
/ 
 
 (( 
 
 ti 
 
 (t 
 
 €1 
 
 tl 
 
 [ 309 ] 
 
 this (latutc feems to be intended to regukte the whole fyftem of the 
 cuftoms to b(; paid in America. And therefore it f:crns rt i'';nable 
 to fuppofe that, if liis M.yelly had intended, at tiiC time of pafling 
 this aft, to levy the Fiench duties upon llrong liquors, he would 
 have infcrted in it a declaratory claufe for that purpofe ; as thus ; 
 '* and it is further enadted, by the authority aforefaid, that in the 
 '< province of Quebec in America the follov/ing duties (hall be levied 
 upon wine, rum, and brandy, imposed into the faid province ; 
 to wit, a duty often (hillings, of lawful money of Great-Britain, 
 per hogfliead, upon winej a duty oflix pence per gallon, upon 
 brandy ; and a duty of twenty fliillin^ , per hog(head, upon rum ; 
 being the fame duties as were levied upon the fame liquor, 
 refpedively, under the French government, immediately before 
 the conqueft of the faid province by the Britifh arms : and that 
 the faid duties (hull be paid in the faid province of Quebec over 
 ** and above the other duties before impoled on the faid province 
 «* in common with the other colonies in North America." The 
 want offuch a claufe as this in the aforefaid ad: of parliament, at a 
 time when the parliament (of which the King is the head) were 
 deliberating upon the duties that were fit to be imp^fed in Ame- 
 rica, feems to afford a ground for concluding that his Majefty at 
 the time of paffing tiiis ud: had no intention that thefe duties 
 fhould be levied in this province. 
 
 Thirdly, If no fuch adl as the 4 Geo. III. cap. 15. had ever been 
 paffed, and if no general fyftem of cuftom-houfe laws, relating 
 equally to all thi different provinces of North America, the new 
 onei. as well as the old, had been enabled before-hand, as i^ 'jove- 
 mentioned ; yet, with refpeft to Britidi brandy, which general 
 Murray intirely exempted from all duty, it may be alledged that 
 the King's having omitted to demand a duty upon that commodity 
 for feveral years, to wit, from the conqueft of the country till the 
 year i 766, ought to be conftrued as a refignation, or relinquifh- 
 ment, of that duty, for the benefit of his new fubjedls in Canada, 
 and in order to put them in as good a condition as their neigh- 
 bours in the adjoining provinces of New England and New York. 
 with refpedl to their trade with Great-Britain for that commodity. 
 The reviving a tax which h^.d been dropt for a confiderable time, is 
 not very different from inipfrfing a new tax. But this reafon relates 
 -, . ■ . only 
 
 f-^ I 
 
 Tliirif reafon, 
 rclatinj; cliiefly 
 toBritilh fgirits. 
 
f ■ ''. . '•■ • ■'• .^ , i ,,! ■ i I,..;,,,. ,,.,-{.. 
 
 only in a fmall degree to the duty on wine, which general Murray 
 did not remit, but only leiTened, and not at all to the duty on rum» 
 which he augmented. 
 
 J *. 
 
 ' J > • I H\'.J 
 
 ..•-•(.ji; 
 
 Cb .■'.,7/.. 
 
 LUtH 
 
 Fourth reafon, 
 relating only to 
 liritiflt fpiriis. 
 
 
 
 Laftly, With refpcft (o brandy it may be faid that the commO'> 
 dity itfelf, whic!' is the fubjed of the duty, is no longer the fame 
 as in the time of the French government. For then only French 
 brandy, which is a liquor m:ide from wine, was allowed to be im- 
 ported into Quebec : now only Britifti brandy, which is a liquor 
 made from wheat, or other corn, is imported thither. Now thefe 
 can hardly be confidered as the fame liquors, except in name ; iinee 
 they differ from each other at leaft as much as either of them 
 differs from rum : and confequently the legal exiftence of a tax 
 upon the former in the time of the French government cannot be a 
 fufficient ground for demanding, as a legal due, a like tax upon the 
 latter at prefcnt. 
 
 "^ 
 
 Thefe are the reafons that have induced me to doubt whether 
 the claim of the crown to thefe duties is juftly founded : yet I dare 
 not abfolutely conclude that it is not fo, out of regard to the opi- 
 nion of a very learned and able lawyer of my acquaintance, who, 
 notwithftanding the foregoing reafons (which he has feen and con- 
 fidered) and a well-known zeal for the liberties and privileges of his 
 fellow-fubjeds in all parts of the Briti(h dominions, yet thinks that 
 thefe duties are legdly d"e to the crown. The perfon I mean, is 
 Mr. Dunning, who is mentioned above in page 296, as having 
 been appointed his Majefty's folicitor-general on the 20th of Ja- 
 nuary, 1768, and having given an opinion in conjunftion with the 
 then attorney-general in favour of the King's claim to thefe duties on 
 the loth of February, in the fame year 1768; to whofe judge- 
 ment, upon every iubjefl: of law, I am always ready to pay. 
 the higheft deference. But I will venture to obferve that, in a 
 claim of this kind made by the crown to an ancient duty, good 
 policy requires that the juftice and legality of it fliould not only 
 be difcernible tc the acuteft and moft learned lawyers, but Hiould 
 be apparent and manifeft to the underftandings of common men, 
 fo that every body may immediately perceive and acknowledge 
 it, and the crown take pofleffion of the duty which is the objeft 
 of the clain-i, with a general confeit and approbation. Where 
 
 this 
 
[ 3" ] 
 
 this is not the cafe, as it evidently is not with refpedt to the duties 
 above-mentioned, it is better to rcfort to the legiflative authority of 
 th<! nation for a new lawr either to revive the dut'iej, which are 
 the objeifts of fuch difputed claim, or to impofe fuch other duties 
 and taxes as the people, upon whom they are to be levied, are eafily 
 able to bear, and the exigencies of government malce it neceffary to Thebefiwavof 
 levy Upon them. And the only authority by which this can be Ihelfw^a^y ', 
 done in the province of Quebec, where no alTembly of the people °^'''"« ^"''f*- "i 
 hss yet beeW el^ablKhed, feems to be that of the Britifh parliament, provinceof 
 The authority of this fuprcme legiflature and general reprefentative i^'ft of thJ'^ 
 ^body of the whole Britirfi empire has not yet been difputed in this ^']J|"' p=^»" 
 province : and from the loyal deportment of his Majefty's new Ca- 
 nadian fubjeds there is reafon to hope that every adt of government 
 thuft (hall be founded on that high authority, will meet with a ready 
 obedience on their part. 
 
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