IMAGE EVALUATION TEST TARGET (MT-3) 1.0 lAl I.I 1^ 14$ Hi hk Hi !■■■ 2.5 12.2 2.0 1.8 1.25 1 1.4 J4 ^ 6" — ^ V] w VI ^% 9> / ^^ /(S^ €/.^ ''F Photographic Sciences Corporation d ^^' ^ iV :\ \ ^v ■ ^ 33 WIST MAIN STRUT WIBSTiRN.Y 14S80 (714) •72-4503 <^^<^^ V O^ fc ^ CIHM Microfiche Series (Monographs) ICMH Collection de microfiches (monographies) Canadian Institute for Historical Microreproductiont / Institut Canadian da microraproductions hittoriquas ;\ Technical and Bibliographic Notes / Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available (or filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. Coloured covers/ Couverture de couleur D D n □ Cover title Le titre de D Covers damaged/ Couverture andommagte Covers restored and/or laminated/ Couverture rattaurie et/ou pellicula missing/ couverture manque Coloured maps/ Cartes giographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) n Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relie avec d'autres docur^ients Tight binding may cause shadows or distortion along interior marg'n/ La rcliure serrte peut causer de I'ombre ou de la distorsion le long de la marge interieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II sa peut que certaines pages blanches ajouties tors d'une restauration apparaiisant dans le taxte, mais, lorsque cela itait possible, ces pages n'ont pas M f ilmiai. L'Institut a microf ilmi le meilleur exemplaire qu'il lui a M possible de se procurer. Les details de cet exemplaire qui sont peut-«tre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mithode normale de f ilmage sont indiqu^s ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagtes □ Pages restored and/or laminated/ Pages restaur^s et/ou pellicultes Pages discoloured, stained or foxed/ Pages dicolor^s, tacheties ou piquees □ Pages detached/ Pages ditachies HShowthrough/ Transparence □ Quality of print vi Qualite inigale de varies/ inigale de I'impression □ Continuous pagination/ Pagination continue □ Includes index(es)/ Comprend un (des) index Title on header taken from:/ Le titre de I'en-tlte provient: issue/ livraison Additional comments:/ Commentaircs supplimcntaires: Docket title page fs ffrat page on ffche. □ Title page of issue Page de titre de la □ Caption of issue/ Titre de depart da la livraison □ Masthead/ Gcnerique (piriodiquesi de la livraison bound In as last page In book but ft land •• This Item is filmed at the reduction ratio checked below/ Ct document est film* au taux de rMuction indiqui ci-dessous 10X 14X 18X 22X MX 30X 12X 16X 20X 24 X 28 X 32 X qu'il !cet t de vue ige ation U 32 k The copy filmed here has been reproduced thanks to the generosity of: National Library of Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol -^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method; 1 2 3 L'exemplaire filmd fut reproduit grdce d la g6n6rosit4 de: Bibliothdque nationale du Canada Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de l'exemplaire film6, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couvarture en papier est imprim^e sont filmis en commenpant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmds en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbols — ^ signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre fiSmds d des taux de reduction diff6rents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est filmd A partir de Tangle sup6rieur gauche, de gauche A droite. et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrant la m6thode. 1 2 3 4 5 6 >->.>3»9.»;:^- )a| zocgl li. •> £ Lhbt 'J /• fi'' 51 o © as u a IK o a •< n w m X o 1^ O Pi z m H 14 O B. O H o a i 0- ^ Jt^ EXTRACT /'- L FROM A M £ Itt O I R IN BEHALF OF THE SEMINARY OF MONTREAL, IN CANADA, TO PROVE THE LEUALITV OF ITS ESTABLISMENT AND POSSESSIONS IN THAT PROVINCE. ""iiniiiriEIliiMiiiiiii * ( Tr. ? •? -'7"^'' H^ sufiicent to justify the Seminary of Montreal in leteml.ng.ts nghts ; but, reports having' been accredited against the egality of that possession, it becomes a duty on tiie part of the Seminary to make known the nature of its title. cumiai^, Alitliath:is been advanced against this Estabhshment. may be reduced o a demal, u, the 1st place of its legal existence as a Body Corporate: and pmpert ^^ ''' ' '''''''' ^''' ^'"''"''^ consequently has to its .vi!iH.r''''"''?"'/''r ^''f •"^''''. ''^ ''"''^ '" °PI^"^^ t^'^ '"ost satisfactory evidence , and, it the subject be not one of general interest, it deeply concerns, at least, the Province of Canada, which reaps from this SeE nary the most important advantages iu respect to its poor, its hospitals, ts colleges, schools, rchgious instruction, aud the welfare of the Indian pupufiitiuii. _ In the first place, the Seminary of Montreal is ofancien; foundation- .t was established in 1677. b/ Letters Patent, enrolled n riiiXr Z^\ Council the -0th September of that year, a Copy of which Euro men iS o • |s preserved in the Archives of the Seminary, /eciting. ^^ the ucmanT^' M. Ufcvrcthat the Letters Patent J or cstMshmg a iemmry of Eedi suistmm the hland of Montreal, he registered." [a J 'llicre is the copy also of an Enrolment in the year I717, of Letters Pi l/"/v''v'« '" '?•'.>• C"!Porting to be ^' at the reouest >./ the Ecclesiastic, «/ theSemnunii of ^t. .Suljnce, tstahUshed at nile^Aru; Lords and Pnwn- etcrs thereof- and there is likewise the Copy of an Kniuiment in 17I8 ot tiie same Letters Patent, purporting to be granted to "Messrs. the Ec- clesiastics 0/ the Seminar ij of St. Suljjice, estahlished in this '.'own." In the collection of Canadian Laws, p. 2S*;, we liiul the Seminary of i^JTril;;:: <:r iy:;s ■" "'''' ""' ■" '"^^''^•^' -^ '^ ''«-" -mined ^l!,*Jr..VriM('an.-h'', '^^•'-^'i;fi'"7\,-''' llH^ C'uugrrsuiou ..I" S,. Snl,,i,r i,i France, w.rc sent to r irr:^ ,1;; 7s; ;!;:!;:;r'::^- :^- --- ■ T.x\^Tad:^7t t^ The iluiation, then, of the EataWishment at ISIontrt-al, proves its ic'^aluy ;-~ls^ Because the Declaration of 1743, contains (in Art. 9,) an express exception in favour of establishments then existing \\\ Canada; and 'Idly, Because by the Frencii Laws, anterior to the Edict of 1749, Seminaries were exempted from the necessity of producing Letters Patent to prove their establishment. Such is the ordinance of 1659, which the Parliament of Paris registered with this express exception as to Semi- naries; and such also is the ordinance of 16'66. In Canada, therefore, where the Edict of 1749 is not in force, Letters Patent to prove the legal establishment of the Seminary of Montreal, need not be produced ; although such production would be easy if required; and whereas the duration of this I'.stablishmcnt for a period of thirty years, would suHice to make good its title : {Daraiid. Diet, de Dt. Canon. T. 12. p. 3J3.) the Seminary of Alontreal can claim an uninterrupted continuance for more than one hun- dred and forty, from the date of its foundation, in 1677. This Seminary has clearly then, a legal existence ; 1*/, Because it conies M'ithin the exception of Art. 9, of the Declaration of 1743 ; My, Be- cause Seminaries are not obliged to produce Letters Patent to prove their establishment; and, 3dly, Because its duration previous to 1743, had ex- ceeded by far the period of 30 years. tii Proof. Itecogiiition by the IJi- sfiops ot'(iiic- bcc. 3(1 Pronf. Kccoiinition liy lliu Mother House of .St. Siil[iicc, 111 Trance, 4th Prmf. Il<((ignili(iii hy the civi, iu The legality of the Establishment at Montreal, is further proved by the formal recognition thereof by the Bishops of Quebec, who annexed the perpetual advowsons of several parishes to the Seminary, even as early as 1678, that is, only one year subsequent to its foundation ; -and can it be supposed, that the Bishops of Quebec would have thus acted, had there been any doubt on such a subject ? Tor who were better acquainted with tiie constitution of Seminaries, than Bishops, specially authorized under the old French Government to settle and endow such Establishments ; and more particularly with respect to a Seminary, which in 1678 had existed but one year ? The legal existence of the Establishment at Montreal, is again proved, by the repeated recognitions thereof on the part of the Superiors of St. Sulpice, nt Paris, who could not be ignorant as to the legality or otherwise of their respective Foundations, and still less oi that at Mon- treal, which they had been commissioned by the King bimselt to esta- blish. By the Archives of the Seminary it appears, that the Superiors of St. Sulpice, in 1696, made over to it a considerable sum, to be placed out on perpetual rent charges; and, finally, in 1764, under au Article ot the Treaty, they ceded to the Seminary of Montreal all right and title they might have to any possessions in Canada.— Is it to be supposed, they would have made a cession of this extent, to a Community illegally established r [n] „ • 1 i 1 1 The superiors of St. Sulpice at Paris, had again so far recognized the legal *tciMciKT oflhe Seminary at Montreal, that in 1693, they petitioned the King to annex to it tlie privileges and emoluments belonging to the HtgiRtiy; and in 170C, they petitioned his Most Christian Majesty to con- firm to this establishmeiit the perpetual advowsons before mentioned. The legality of the csiablislimcnt at Montreal is fuiihcr proved by the acts 'V*'"""!' of the civil authorities in Canada. ;,ll;,r,:;;:' Ut, Bythc court ..f Montreal, a.ul the Higher Ccuncil, as appears in CaimJa. their several acts of Enrolment, particularly in that of the L, Iters 1 atent, r.,1 Tht cr-sinr. wu» mutual with rr^jK^tt to Siiii-ieian properly in Fr»ncc ami Caiuul^i ; aii.J to render u jmriiuwi olihi!. .listription leg*', w U'lttn, I'uient, or Uccme, «cr« rciiuireJ ly Uk' 1 tuicU i.iu . % for annexing to tlie seminary the advovsons, and in which it is stated, that the paiishes'in (juestion, " are united lo, and incorporated with, t lie Seminar 1/ of St. Sulpicj, established at Montreal" (Idly, \\y the grant made hy the Governor and Intendant in 1717, of the lordsiiip of " Le Luc, to ike Ecclesiastics of the seminar ij of St. Sulpice, cstu- hlislicd at Montreal," the ratification of wliich grunt, by the congregation of St. Sulpice at Paris, was simply to preserve the accustomed sub- ordination in religious bodies, and did notliinder the (rovernor trom con- sidering the Seminary as a Community so far Icgalizetl, as to be fully ca- pable of liolding the Signory or Lordship in (jiicstioii. 3(//y, IJy the notification of the ()i(', a rent was directed to be paid for the Rfgistry Olhce, i)eloiigiMg to the seminary, ami the n)iimtes of the Registry to he restored ; r.iul in 1770, the Lieutenant (Jovenior, in a letter to M. *Montgol(icr, then superior of the Kstahlishment, directed him ta appoint the Registrar ;• -now, to receive rent froi)> Government tor a Re- gislry Ofllce, ainl to be authorized to keep a public Registry, and to ap- point t() the otiicc of Registrar, are clearly privileges tliat Itelong not to the individual members of a community : to recognize, tlierel'oro, such privileges, is necessarily to recognize them as appertaining to the bo(l\'. [(] Tlic 4-.Kk"iii-U>'- orilieC'Dn^rrgiUioMof St. Snli'icc in France. A still more solemn act of recognition on tlic part of Government, lias been, its acceptance of tlie accustonictl oaths of fealty and homai^c, by the Semiiiaiy of Montreal, through the medium ofM. Hrassier, an individual member of that establishment, and who was admitted to perform this duty in his ofticial character of Procurator for the Seminary, without siiewiuLf any Procuration, or specifying the individual Members of the Kstabli^hment whom he was allowed to represent : privileges, which belong only to a community, or body corporate, legally established. It must be observed, likewise, that previous to the performance of this duty of fealty and ho- mage, M. Brassier produced the Letters Patent of 1677, to shew, that he was acting on behalf of the Seminary as a legally founded Establishment ; and the recognition of him by Government in this his official character, is conclusive on the subject: — In further proof, however, the instructions of his Britannic Majesty, published by order of the House of Commons in 1817, may here be mentioned. By these instructions it is declared, that, " the Society of Priests, culled Seminaries of Quebec aud Montreal, are autho' rized to fill vacancies, and to admit new members according to the rules of their foundation," And the instructions then enjoin, that " these Seminaries, as well as all other Communities, should be subjected to the Royal risitation.'* lOtTi Fraof. Oaths (jf Fealty uiid llonmge. King's liibtructioRS. With respect to the legal capacity in the Seminary of Montreal, of holding property, in the manner of other corporate bodies, it can admit of no question. We see by the Letters (termed De Terrier) of 1695, that the donation made in \663 to the Congregation of Saint Sulpice, had been expressly intended for an Establishment at Montreal ; and by the Letters Patent of 1677 this donation was actually assigned to, and amortized in favour of that particular Commun.ty : The Seminary is, therefore, as clearly capable of holding property, as any Ecclesiastical Corporation, legally established in the iBritish dominions ; and it would be needless to reca- pitulate the evidence already deduced on this head. A corporate body is a society recognized by the law, and invested with all the rights of an individual, and an Ecclesiastical Commimity, cannot even be established, unless possessions be assigned for its foundation ; when, therefore, a Community is founded, (as was the Seminary of Montreal by Letters Patent in 16'77) it necessarily follows, that it is capable of possessing and holding property. • 11th Proof". The Semi- nary of Montreal capable of holding Pro- perty in the Manner of other Corpo- rate Bodies. With respect to the legal existence of the Seminary of Montreal previous to the conquest of Canada, as distinct from the Mother House in France, sutficient evidence has been shewn, and it remains for those who assert that the Seminary has no longer a legal existence, to prove, that it has lost that character ; and until they can do this, the Seminary is as clearly justified in maintaining its rights, as any other Ecclesiastical Corpo- ration within the King's dominions. It is universally known, that in Catholic States, not only Religious Orders, but each particular House or Community, is entitled to, and enjoys the privileges of a distinct body : two several existences, as it were, may be distinguished in a Religious Community, the one, as an integral portion of \he order, the other, as a body separately constituted. It was thus the Seminary of Montreal stood, previous to the conquest of Canada ; as part B Uth Proof. The Serai- nary of Montreal had a legal Existence, disi ct from the House of St Sulpice ia France. •of the Couaregation of Saint Sulpicc, it bad one common title, hut r.s a »rt;7/'tM/