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You ;rolfinj j^' Climes given > 9 make t ill fucli You ^\hich "^ -y — ■■ " ■» " /. ^7 A T The First COURT op QUARTER-SESSIONS Of the PEACE, Held at QL^EBEC, in Oclokr 1764. ^■'\ ii •I His Jrorjhip the PkrsiDENT's Clurgi' to the GRAND-JURY: Gent l e m r n of the Grand- ^uj-y, • YOU, an the Body fele6ted on this Occafioii, for the Diibidl of the City of ' ^uehect are to enquire of whatever Tilings arife within tlie faid Dillri^t. , You are to enquire of all Felonies, Trgfpafies, Foreftallings/ Regratings, Iii- . ^rolfings and Extoitions of every Sort whatfoever, and all and lingular of other A Crimes and Ort'ences, Mifdemcanoui*s, or Picas of the Crown^ which may be given you in Charge, or which you may know of your own Knowledge, and to 7 make true Prefcntments to us His Majclty's JulVices of the Peace fof^ the fiiid*. JlPrifV, in Oixlci that the\' may l)«* |)\«iiil1\-.'d according to the '^.cVal Laws, as ViL ill fuch* Cafes may be proxulal. p You are alfo toprclcnt all 'riilni;s that arc |)u!>lick Ncufances, of every So:t « which are given you in Charge, or that you may know of from your own Know- f * ledge, in order that the fame may be rcdrcHai: And alii) of all Incroachmciits 1 or Stoppages on the feveral J ligli-way.s, Streets, or j)ublick Roads, and alio of I*'-. vvliat Roads are proj)ci for Repair, and arc lb impaii'able as to endanger the i.ivcsof His iMajeOy's Subjcrts. You are alfo to make Prcfcntmcnt of all \'.u;al>onils, and Pcrfons of ro via- ble Way of Livelihood, whereby His Majclly's Subjccis may be cntlangcrcil in their Lives oiid Property, fo that fuch Pcrfons may be Inouglit to condign Pu nilhment. L'|)on S • V \ i 05* tr&rj ou ill ■•<. , if'- b.i •V C » ] Upon any Indi^hnent which may be icnt up to you upon, any Oflence, yo ttnlt dthcr return it a true Bill, or rejcdt it; for you cannot find it a true Bi on one Ftft» and a falie'Bill in another Part: Bv your Oath ^ou are fwom to *' Delif^t^ en<)uire» and true Prefentment make of all Things, which (hall •* be given you in Chai^j and that you ihall keep the Secrets of His Majefty, " vqur Bit}ther Juron, and your own » and that you ihall prdent no cncthro' •• Malice, Envy, or Hatred; neither (hall you leave one un-prcfentetl for any ••Reward, Favour or Affcftion :" By which the utmort Latitude is given to m ^r the redrefling of Grievances of whatever Kind or'Nuture, without the 1 %oon fof KeflecHon, from any Perfon who may think thcmi'clvcs aggrieved Qonduai* lb that if you aa conlbnant to your own Confciences,^ and ^ le to the E^wdence diat ihall be laid before you, or may como within . yoor own Knowledge, you will fiilly dffchaige the Duty of your Office.. *^L There is one Thing I muft obferve to you Gentlemen, That in any Caie thaP^ WKf conM» or majr be laid before you, you muft not attend to any Evidence but | on &half of the Crown. • 41 we are but an Infant Colony, I would beg \t^\t to recommend it to your ConlideratkN^by every Means m your Power, to difcourage any Advances to- wards the Dflpbance of the Publick or Individuals, cither by pertbnal Inventive «>r general Caromny, either reduced' to writing, or verbal, 'as the promoting of fuch Things (ervct forno other Purpofe than to weaken the Community, and to Itflder OS contemptible in the Eyes of our fo lately acquired fellow Subjefb. Wc have ordered the Clerk ot the Peace to lay before you all Matters proper fiMT your Cognizance, and we make no Manner of Doubt but you will acquit ymiirfehres in every Matter which will be laid before you, with that Integrity' and Difiureilediiefs which arethe Charafteriflicks of honeil Men and good Subje(^.. ■'■:^t'^. «* — ■■y^ ^JtBSBHTHjiifTs 4j/* Odobcr Seffionsy made at a Continuatibn thereof by Adjournment y held at the Sejpon-houfe in the City of Quebec, ibtb Oaober, 1764, by the GRAND-JURY, in and /or the J aid DiftriSl, I C8SKS3'^'^ 5^^^^ Number of inferior Courts, cftablifhcd in this Province, i with an Intention toadminifter Judice, arc tircfbme, litigious, and ' expenfive to this poor Colony, as they very often muft be attended with the difagreeable Ncccflity of Appeals, and of Courfe of many . exhorbitant Fees. The great Number appointed Juftices of the Peace, out of fo few Men of Cliara^er, legally qualified, and fit to be U ufted with the Liberty and Piopertv of * / ^ ^ /• o 7 * ' 1 I any to the :vcd land^ :hin . A-- 7 '*». C 3 ] of His Majcfty's Subjects, to fervc their Countiy as Juiori, is Buithciifonu, and not prad^ifcd in other Infant Colonies like this. It can anfxNcr no '^oul \'\\^\ l<> wnlK* Mcr.'s Time i:i nrtcnding ui>on Courts where no Man U|u)ii tlic licncii is (|ualifie(l to c\|)lain the Laws, ami llim up the Evidences ti» the jury, to prevent its heint; milled by the Harrilters. That in the Southern Colonies wIkii Men ipiaiilled to I'erve the PuMirk art f^arce, then are w^^ Jiiiie> called hut wlien the Clilef Jullice of the IVovincc prefidcs; therefore, neither tho 1/ives nor lalKTty of Iliji Majefty's Sid>jctts. nor any Property above the Value of •'three Poumh Sterling, arc left Hnally to the Deciiion of the J unices of the Peace: And for the eafy and f)>eedy Uiipatch of furtice, there are annually held three Courts of Common-pleas, and tWo of Scrtions or AHizes, when Juries are fummoned in Rotation for the dititrcnt I'aits of the Province, and returned by Hallot; yet we are of Opinion, fiximthc prefent State of this Colony, it woidd be realonahle to authorize any three of His Majclly's J unices of the Peace finally to decide the Pate of any Siim not ex- ceeding Ten Founds t without either Juiy or Ap|x-al. It is a very great Grievance that the IVIarket-places are converted into Huts, Stalls, Q?t-. for Nurllries of Idlers, who would out of Necelhty be employed in fevcral Branches of Indudry, fuch as rtlhing, fanning, (^c. it not permitted, contrary to good Policy, to occupy and infeft the publick Grounds. Giving away, anitants of this Province. We recommend the Exertion of the Laws of t|ic Mother Countiy for the due Obfervance of the Sabbath, that the faine may no longer be profaned by lelling, buying, keeping open Shops, Balls, Routs, Gaining, or any other idle Divemons; for the better accomphihmcnt of which, a learned jDlcr^y-man, of a moral and cxanplary Life, ciualified to preach the Gofpel in its pnmitivc Pu> rity, ir both Languages, would be abfolutely ncccflary. An OrJinance, pamxl by the Governor and Council, confirmins and render- ing valid all Decrees of the different Military Councils ere^wfin n^ Province, before the Eftablifhment of Civil Law, may be amended, by allowingan Aj^psal to any of the Civil Couits, if the Caufe, decided in any of the Militaiy Courts, exceed the Sum of Ten Pounds. '#' The Ordinance, made by the Governor and Council, for eftabliihing Court .> of Judicature in this Province, is grievous, and fome Claules of it #c appre- hend to be unconfVitutional, therefore it ouglu forthwith to be amendtx!, to prevent His Majelly's Subjects being aggrieved any longer thereby. Proper Regulations reearding the Meafuremcnt and Quality of Fire- wood ai-c iiCGcfliuy, as well as the following Particulars, vi^. A 2 - For 1^ w^ ..t»-. t 4 ] For regulating Carls and Carriages of every Kind. For clearing and keeping clean the publick Streets, Docks and Landing- Placcs. For iweepin^ Chimneys to prevent Accidents by Fire. > i 'or t*(^abii(hing a publick Proteftant School, and a Poor-Houfc. 1 or I'lipprefling Gaming Houfes, in j^nrticular that oFihc %<'/;.v ^rwj, kept by yG/.'n King in the Lower To>^n, which we arc infornial has hctn very par- ticiihirly countenanced, and which wc prefcnt from our own Knowlctlgc as a notorious Neufance, and prejudicial to the Induftr)' and Trade of this City. Alio for preventing for the future any Abufes ariruiu; from, and for the amend- ing of , that well-intended Order for carrying Lanthorns in the Night Time, that regular People going about their lawfid Bufmcfs, without giving Diilurb- ance to the public Quiet, may not be liable to Imprifonment by Centry, Ser- geant or Officer. As the Grand- Jury muft be confidered at prefent as the only Boe paiild into a Law : And as it muft happen that Taxes be levied for the neceHury Kxpcnccs and Improve- ment of the Colony, in Order to prevent all Abufes and EmlKZzlements, or wrong Application of the public Money, we propolc that the public Ac- compts be laid before the Grand- Jury at leall twice a Year, to l)e examined and checked by them; and that thev be regularl^r fettled every iix Montiis Inrforethe Juty for tne Time being, whicn Practice (Iridtly adhered to will very much pre- vent the Abufes and Confuiions ia common in thefe Cafes. From the Senfe of the Nature of Oaths adminiftered to Juries, as alfo the Confequences of the Matters that may occur for Difcuflion, We, in Judice to ouHelves and tq our Fellow-fubjcfti, are refolved never more to fit as Jurors at any Court where a Man fuflkiently verfed in the Law does not prelide. - Subfcnkedand dtlnjtred mto $be Court of ^uarter'StJ/ions the lotb e/'October*^ 1764, ty ibt folhfwmg Perjmt, Grand-'Jurors for the DiJirUi ^Quebec. JafliM Jomifton, r'arvNMvr, Alexandre Mackenzie, Peter Faneuil, Thomas '* ttciry, Thomas Aylwin, Edward Watts, Daniel Bayn^, Samuel SiHs, Samuel Duncan, John Lymburner, Ceorge Fulton, John Danfer, Gilbert M'Randale, Philip Payn, Amiot, A. Dumas» Chareft, Tach^t, Boifeiu, Perrauk. Poncy, Dumont. AMONG the many Grievances which require Redrefs, this feems not to be the lea^: That Peribns profefling the Religion of the Church of Rome^ do acknowlcdfe the Supremacy and Juriili£tion of the Pope» and admit Bulls, Briefs, Abiblutions» (sc, from that See, as A^ binding on their Con- Tcienccs, W * |'.%..W". f 5 ] fcienccs, have been impannelled on Grand and Petty- Juries, even where t^vo Protcftants were Parties : And whereas the Grand Inquert of a C\)unty, City or Borough of the Realm of Grait-Hrittiin arc ohligcil by tlu'ir Oath to picfcnt to a Court of Qiiartcr-Sclhons or AHizcs, whatever ap]Kars an (»j>tn N'iolation of the Laws and Statutes of .the Rcahn, any Ncufancc to the Subject, or Danire* to His Majcrty's Crown and Dii^nity, and Security of his Dominions: \\'c therefore iH-licve not irinj; ean Ik- more dangerous to the lattci , than admittii^g fuch l*erlons to be fworn on Juiies who by tlie Law arc dil'al^lvd from holding; any OtHce, Trurt or Power, more efjHreially in a judicial C'apacity, with Refpecl to wliich alxwe all other tlie Security of His Majel^y as to the PoiVeHion ot his Dominions, and of the Subjed, as to his Libeity, Pro|Krtv and Conliiencc, is moft" eminently concerned. IJy the Definitive Treaty the Honinn Religion was only tolerated in the Province of ^ucbt'c lo far as the Laws of Griuw-lhittiin admit. It was and' is enacted by the II L Jnma^ Chap. v. Sec. 8. •' No PapiiT or I'opilh Recufmt Convit^l (hall practife the Common Law as a Counlellor, Clerk, Attonvy or Stdlicitor, or iliall practile the Civil Law as Advocat or Proctor, nor piactife Phylick,* nor Ik an Apothicary, nor be a Judge, Mi- ** niller, Clerk or Stev%ard of or in any Court, or keep any Court, nor Ihall be Regiller or Town Clerk, or other Miniller or Officer in any Court ; nor Ihall bear any Office or Charge as Captaiji, Lieutenant, Sergeant, CorjHiral or Antient IJearer in any Company of Soldiers; nor Ihall beCapitain, Mailer, Governor, or bear any Oifice of Charge of or in any Ship, CalHe or Foitrels, but be utterly difabled for the fame : And eveiy Perfon offending herein Ihall forfeit One Hundred i'ounds. Half tp the King, and Half to him that ihall fuc for the fame." Wc therefore believe admitting Perfon s of the Kcnum Religion who own the Authority, Supremacy and Jurifdi^lion of the Cliurch of Rome as Jurors, is an open Violation of our molt facred Laws and Liberty, and tending to the utter Subvcrfion of the Protedant Religion, and His Ma- jefty's Power, Authority, Right apd Pofleffion of the Province to which we belong. > So many Gentlemen of the Army, and inadVual Service, exercifing any judi- cial Authority is unconttitutional ; notliing but Necellity by the Want of a fuflicicnt Number of Subie<5ts qualified for the Purpofe can excufc even in a new Country fuch unwarrantable Encroachment on the eftabHihed Maxims of the Britifij Government. The foregoing Reprefentations of Grievance^, Abufes and NeuianceSy Wc, the Grand-Jurors of the DiftriA of ^iSec, believe it our indifpenfible Duty to make, from the Nature of our Oath and Charge, and from tne Informations «« i« «< 4( t< *t *t 4« «« (( prefented [ 6 ] fircfcntcd to us, ai well as what occurs to our own Obfcrvations, and do (>rong- y recommend the i'amc for Kcdrclii to all thofe, who, by their facred Oath, are bound to iTclrefs them. •S'4'/W and tMkrrcd h all tin' ProtclVuU Sfrmhrs fl,/i f>f\yin.% tic 10*0 y OcioifiTt 1764. James Johnrton, i'orcmiuu Alexander Mackenzie, Peter Faneuil, Thomas Storv, Thomas Alvwin, Hdward Watts, Daniel Uavne, Samuel • • • Sills. Samuel Duncan, John Lymburntr, CJeorgc Fulton, John • Danler, (Gilbert M'Kandale, IMiilip Payn, A.Dumas. StnSiurcs on the forcgotn;^ PrefcPitmeftts, WE His Majerty's J. I*. f<>r the Diftrict of i;>wiAt, having maturely eon- fidcred tiK* Contents of a Writing delivered to us in our Court of'c^S. on SaturJiiy \zSii under the Title of Prelentments of the C J. ami read in open Court, are forry to find it our indifjicnlible Duty, not only to reject m.my Articles thereof as highly impro|Kr, aiUiming, and ot the moft pernicious Ten- dency, but alfo to manifell in the Face of the Fublick our Difapprobation of the Spirit and Manner in which the wholj leems to be conceived.— We think it the more our Duty, at this Time when the Eyes of the Province are immevtiatety turned on the Proceedings of its firft G. j. tho' no more than the G. J. of a Q.S. of the Peace. ^Vhcn we find that thePublick, which cxpe6>ed to fee wholefomc Remedies propolcd for real ; tho' little Defects in our infant Police, the proper Objetts of Attention for fuch a G. J. difap|M)inted, andamufed with imaginary Grievances which it never felt, and with the Reveries of the heated Imajginations of Men who are prcpoftioufly tranllplanting the Ideas of Milinarions mto the Minds of Cansdums^ and tearing up tne Roots of all Principle of Obedience and Submif- fion to pi^lick Authority from the Hearts of our new Fcllow-fubje^s. If thele Gentlemen, led away by midaken Zeal, afliune a Character above thdr Sphere, and propofe themfelves to the Publick as its Legifiature, it can in no Ways be imputed to Neglect on the Part of the Bench ; the Objeds of their fireicnt Attention were dearly and fullv pointed out to them from this Chair, t was not indeed at that Time thougnt neceflary to give in the Charge that Part of the Church Catechifme which reminds us of Duty towards our Neigh* JxNirSy particularly of the very cflential Part of it, <* Rdjieft and Submiflion to «ir Supcriort." The Piioe now before us (for Fonfi of Prefentments, has been entirely fMr«i fot or negleded) this Piece, I iay, deferves a Treatment very different from what I (/ Ai.- €*:• A-<* cG^-i^tA^i J Ov3|w?-— -JC ^ AJ. i^Li .K-i^-f ■'^^tmmmmmm^^ f are ■[ 7 ] what we are going to give it, to wit, that of condefcending to read it a (econd Time in this Court. In doinjf this we hope to (hew, that Moderation which becomes Magiftrates, and that Zeal for the Publick (detached from all private Views) v/hich ihould guide every good Member of Society . For at the fame Time that we condemn, what certainly defcrvcs Condemna- tion, we (hall be far from I'ejc^in^ any Particulars in it which may fecm to con- duce to the publick Good, how ill foever recommended by the Drcfs and Com- pany into which they are put in this angry Remonrtrancc. We are at the fame Time fenfible, that in doing fo we nccdicfly anticipate tlic Governor and Council, w ho are now doing (what we would recommend to you, Gentlemen of the Jury, for the future when you fliall have any Thing to o(Fer to the i'ublick) ct)oly and deliberately, confidering Laws which may for a Succcifion of Years bind his Majefly's good Subje6ts of this Province. Mr. Clerk of the Peace, you'll proceed to read them, and I (hall make a few brief Stii^ires at tlie moll ]x>inted Articles, jull to make known to the Publick mine and my lirctiucn's Sentiments on them. Article I. There arc fewer Courts in Proportion than in any other Province; and no more vo believe, than fuch as were ordered to be eftabliOied from I^lome : VVe profefs we aie not i'o clear fi{;htcd as to forfee any more dilipa! Coniequenccs from them here than in any other Part of His Majefty's Do- minions where they are thought ncccflaiy. The Govenimcnt is in this Article obliged to the G* J. for. allowing it the Intention of adminifhing Jufticc. II. Thev are as much mi(laken in this perplexed Article as in the (ormer; the Number of JuiHces is far (liort of the Projwrtion in other Provinces, to my Knowledge. But Men will always nm into Error and Abfurdity in f|)eaking, when they do not fix precife ideas of the Terms they ul'e j the Words Infant Colony hath here been the Stumbling Block. If we mean only the Uritiih Inhabitants, or Introdu<5Vion of the Britilh Laws, they are proj)crly enough applied ; but furcly the G. J. will allow there is a large Field for tlie Labour of Jullices ainongft the Natives ; if tbefe be regarded, this is not an Infant Colony, but a refpc^ablc Province, and as fuch, requires, we believe, many more Jullices, COULD PRoPFR Pkrsons «k FOUND : Wc ihall foon hear thc G. J. mtimatc as much themfelves. III. Wc have Keafon to believe thefe Gentlemen of the G* J. have nbt often attended Quarter-Sellions of the Peace at Home, elfe they would have (cen the Bench filled as this is, with Perfons who neither profelfcd or arrogated any profound Knowledg in the Law. f Wc C 8 ] ' * \Vc are now giving the G. J. a Proof of. That however Juries may be, We are not fo ealily mifled. IV. We own ourfelves at a Lofs to know what the G. J. would be at confiftently with what they beibre advanced. Then they v^crc for reducinc; the Number of fi'.lVices, now they arc tor giving tlxcm more Biifincfs, and of Courfe would make an additional Number requilitc, \vc would beg to be inforuK'd in what Part of C.maJ, three Jufticts can be found together f^ic/Wc and Mof/tfru/ cx- ceiJtcd.) The Lcirillature wifelv forefaw this, and have left the Fate of anv Sum not exceeding Ten Pounds to be decided by Two. For this we refer thciu to the brtlinance of Oticbcr 4th. V. A good and proper Prcfentmcnt, efpecially in Regard to the Idlers. V'l. We aregieatly mifinformed if fome of thofc Batteries, Docks, or Wharfs were not Itrongly i'olicitcd for by the Foreman himfelf, to be his private Pro- perty, and if ibong Rcprefentations were not made by him, how ufelefs the Ground was lik::y to remain if not made private Property. Vil. We alii) i t\\>nunend the Fxertion of the Laws or our Mother Country as t.u- as the Lj^iiiaturc of this Province Ihall fee them confilfent with the pre- icat Ciivumlhmce of the Province, and lincerely delire to promote a due Ohilrvancc of tlie Sabbath, and would be glad to encourage more than one luch CJoiJK-! MinijUr as they defcribc, for the Gofpel is a Gofpel of Peace, and teaches (iootl-vvill towards Men. VIII. If t!iey aie refolved to perfcvcre in their prefent Spirit, their fellow Sub- i eels are much obligetl to them; but wc mult put the (i. J. in Mind of fummoning tliem again : We (ball be under the Necellity of fining thofe who ablent themlclve.s; we liave the greatelt Tendernefs tor Icrupulous Con- iciences. But we really think Men muft have a llrangc Senfe of the Nature of ytifjrs Oatb^ who think tliofe jurors anfwer.able for the Ignorance of a Bench. IX. If we were at a Lob before, to know in what Giiarai^ter thefe (Jenrlcmcn were pleafed to fpeak, and what Ficteiuions they have to be exemptcvl i'rt)ni lerving a:^ jurors, thev now give us lull Information, and announce to un that we nuill confidcr them as the Reprefentatives of the Wiioii Provinc f , and that they have u Rl^h: to be confulted befon- anv general Ordinances ai e pjllul into a Law. Now we dare tell this felf-conltituted Part of the Legi- llatujv, that v.e muil not conluler the G. J. of the (^larter-Sefhons of one Dillrict as fucli, and hope prefent G. J. may never be confidted, except in chufing Churcii- Wardens; neither can we conceive how a few Inhabitants, Tome newly arrived, can have either Influence, Iterell in, or Knowledge of the Province, lldlicicnt to confuler themfelvcs, or to be confidered as its Re- prelentative. X. We Rc- \Vc [ 9 ] X We wonder diey have been fo modeft, as onlv to propofe, after tellineus in what Light we JMi^confider them, wQmay nave expected to hear them Order the Accounts to be laid before them. XI. Here the G. J. have for^ their lajtelv profefs'd Love for their fellow Sub- jedtsi andinftead of quietmjg them in tneu- Pofleflions (which the Legifla- ture of this Province has witely intended by this Ordinance) would plunge them in the juft now dreaded abyfs of Appeals. XII. While the G. J. were content with their imaginary Seats in the Houfe of Commons, we were able to underftand them, but now they chufe to Quixote here, if we were able, we ceitainly are very unwilling, out of Re- gard to what may pofTibly be well intended. XIII. Thefe are very eood Articles.— We (hould however been more obliged to the G. J. if out of their great Skill and Knowledge, inthofe Matters they had particulaiized ibme of the beft Methods to be taken;, but we believe there will be no Occafion, the Council has thofe Regulations actually under their Confideration. XIV. They arc right here to; but weareforry they make this Prefentment from their own Knowledge. XV. This is putting Things in their proper Channel : We too would be glad to have this Order altered, as far as the Governor (hall find confident with the Safety of the Garrifon. , The Grand- Jury need not have gone (b far back as the Times of 'James the Firft for a Popery A£t: Had they been feeking a Law againft Witchcraft, In- cantations, Conjurations and Charms, it would have been proper to have turn- ed over the Statutes of that Reign : We aie furprifed they did not recommend the famous Ted A£t, this has been deemed by many good Men not wholy propei' in England^ and would be attended by great Inconveniencies in other Parts of the Britijh Empire, and particularly m this P. in its prefent Circumftances, as by it would be loflr the Service of many good Subjects of different Perfuafions^ and the Weight cf more burthenfome Offices thrown on the Jurors themfelves,. than they feem either able or willing to bear. How would People at a Diftance, who read this Remonftrance, be furprifetf when they are told the whole Number of Gentlemen of the Aiiny, and in a6tua) Service, (amongd the ereatell Number of Juftices of the Diftrift of ^ebic\ jufl now complained or) amounts to One, and he legally qualified to ferve as a Member of the Houfe of Commons in his own Countiy. We cannot fuppofe they have any Objeftions to the half-pay OfliC':»s, no'v fettled with large landed Interefl in the Province, without whom, or iiiol'c in a6^ual Service, qualified Perfons arc not to be found, except in ^ebec and MontnaL V^ n B Bi'.t [-10 ] But Militny Gcndemcn, if theyJike^ for the good of tint Poblic, toconti. nne in the Office, may make themieh^ea rtrj ea£y, for the Grand- Jury has not thought proper to produce any Statute to.this Point; and we tiiink it would be a' Sort ot Ingratitude to dilqualify them in Canadtu ^n>m Offices wliich they ajje thought capable of filling in £fr//tffly, We hope the Governor and Council, whofe Ordinances we are all bound to obq', think differently in this, as well aa in moft other of the Ailertbns, Pro- poialfi* Recommendationi, Preiiaitations and Reprefentations of the G. J. Whenever the Government of Great-Bntain tliinks proper to liave tlxis Council aided or controuled vn preTume it will be done by a general Aflembly. The Gentlemen of the Grand- Jury fhpuld have remembered, that inftead of the Repreientatives of the Province, they are only Gi^and- Jurors of the C^Seflions of the Diflrid of %f^rc that their.PrefentmeiUs (hould be Denun- tiations drawn up in ihort Notes, of Offences in^uirable in the Court where- unto they are prefented: They lliould have thought of High-wajrs, and wc Ihould have been obliged to them; had they pointed out Means, of remeding DefWb and removing Neulances, had they conhned themfelves to this, they Nvould at Icaft havefhown they vvere willing to aid and co-operate with the Jul- tices for the publick Good; but we fear it wiis not in fuch a Spirit this Remon- llrance was made. W e are far from imputing private Peak and Refent- ment to fo many honed and worthy Fellow Subjects who compofc tliis G. J. but we know tKat ill-formed Zeal will lead the belt Intentipned aftray, and that Want of Experience will jul^e6l the bed Undcrftanding to Mtdakes, we there- fore difmiis tjiis milintitled Prefentment; but beg Leave to acquaint the G, J. that wc have the baft Authority for declaring to the Pul)lic, that all thoic Arti- cles, that can properiy be callocl Prefentments, are already the Subject of Or- dinances, , of which we may every Day expcft a Publication, or ai*e truly under the Confideration of the Council,, for whofe Thoughts upon them we think it will be decent for us and the G. J. to wait, efpecially as we hopt they wilJ loon luve an Opportunity again of prefenting any little Matters which .the Council may overlook. To conclude, tis our carheft Wifli, that his Majefty's Old Subje6ls would, by their Example, recommend the wholefome Laws and Holy Religion of their Country, the moid ChrilHan like Means of propagating it : We hope the new Ones, feniible of the Advantages of livi' ^ under tho^ Laws, will continue to dcfenx the Bleflin'js they enjoy, and whi ii we are fure the Government intend to maintain them in. We hope no Party Didtn6lions, of Old ami New Sub- jects, Civil or Military, will be heard; and that the only Contentions amongO: all will be who ihall beft dcfene tlic Protection of the Laws of England. ^ true Copyt fy Wms. Conyngham, Clk. Peace. Remark^ [ II ] Remarks upon the STRICTURES. ^be Grand' Jury, for the O^obcr Sfffiousy of the Dijhidl of Quebec, baii'mg fx- pofed tothc Puhlict the Charge given them hy his ^WoA'^iw? the Prefuient\ their c:i» PrefcNt/ncnts ftuuL' to the Bench '4 yitjiiieu and their It'fjrjhips iitrichtreSt cr Ken.\ir/:s >.>i /(,-/>/ l*re/entMe/:!s, kow /'e^ lewje to fuhjoin the Jolhii'ing Ohjervdtions upon fht/e Sfrichires. TI 1 1., Icarnal and elaborate Preamble to thefe Stilciures, fecms compofed Nvitb an Intention to viiiiie and depreciaie the Ciiand-Jui'v; to reprefeni their Ignorance and lnlignilieanc\ , and at the lame Time the Importance of the Uench; to iiiculcate the ancient DoCirine of Pallive-obedience and Non-rcfil- tancc, and to intorm the Jurois, notwlthlhnuling their Oath, and the Charge given them by Mr. Prefulent (v\hich tiie yluthor of the Strictures did not per- liaps recollect) that there are certain Mylleries in the Police of this Province, lb much above their bpljere, that tho' the Klfec^s are felt to be grievous, they mull not prellime to repi vfent them as fui h, or to recpiire, far leiii to ])refcrilv an Amendment. The AH'ectation of Wit, ib apparent in the Preamble, and tiiroughout t!ie whole Stiio"tures, mult appear rather imjKitinent upon this Oc- calion ; t!u)* it is confefied that the Prelentnient.-. are deltitute of Form, and in- judicioully arranged, yet we hope in the Eyes of the Public, the Hurry with which they were committed to Paper, as well as the inexperience of moft of the Members upon this Hrit Grand-Jury, will in a great Meafure excufc this. We fhould have been glad that their Worlhips had likewiic made fuch Allow- ances, and efpoufed the Redrel's of any Grievances prefented, which they found really hurtful to the PuWic, without difplaying tlieir Wit and Raillery, in fuch a wanton and unmeaning Manner, as to oblige the Members of the Grand- fury, from a Regard to I'ruth, and their own Characters, to trouble the Pub- Jjc with Prelcntments or Strictures. We muft not upon any Account be fuppofed to accufe his Worfhip the Pre- (ident as tlic Com|X)ler of thelc Strictures, notwithitanding the iignificant Gcf- tures with which they were by him pronounced, and the Symptoms of Aj)pro- bation affected by fome of his J^rethreu; we can hardly imagine that he, or \\\z major Part of them, do entertain fuch Sentiments, or if they did, tlwt t)\cy woidd expreis thenifelvus in that Manner, to a Body of People upon their Oath.; and in other Refpects not altogether dcfpicablc; but from whatever Source tlio Strictures are derived, is not at prefent the Affair in C^ieltion, as they were piil>- lickly pronounced in ojK'n Court, a Copy of tlicin publlckly dcnunded, ;ind that Demand complied with: Wc jult beg the Publick's Attention to the fol- lowing Obrervations. B 2 The [ 12 ] The firft Article in the Striflures is uihcred in with a very ungarded Aflertion: We apprehend the Author would find it very difficult to prove that there are fewer Courts in this than in any othtr Province. It may certainly be hinted,^ \^ ithout giving Offence, that in tlie prcfent jKxir Situation of this Province, the mall fimplc and leaft expenlive Jurildiction ought to be preferred. As fuch the Preientnicnt in Qucltion is meant, and the Grand-Jury are forry to Hnd them- fdves lo grolly milimdci'ftood, not only in this Article but the three followuig ones, in which theAuthorconftitutcs their Worlliips Champions in their own Cauic, as if the Prcfentment meant nothing but a Retiecf ion againd them. It is agreetl that Jufticcs of the Peace aie more numerous in fomc other Pro- vinces, but here we are ftraitned for Jurors legally qualified, at leall I'uch as Britipj Subjects in general will think fo. The Public will no Doubt j)ay projKT Attention to the Precifc and formal Definition of" the Words Infant Colony ^ which it feems maybe treated in an ancient or infant Sen fe occaftonally as Circumflauccs may prcfent. It is likcwile more than probable that the Author's Meaning is fmiilar in the ExprefTion immediately following of, could f toper Pcrjons 6e found, as it mufl be allowed that in one Senfc there may, and m another there may not ; for the Properties even of Bodies arc not difcovercd immediately from the Body itfelf, but from the Relation that Body (lands in to, or the Aclion pro- duced upon it by fomc other Body ; and we are of Opinion that frnm this Prin- cipk the whole Theory of Propemejs may lie deduced : But as thefc phyfical Subtilties may be thought out of Place here, we return to the Stri6lures. — It would appear that neitiKr Jullices nor Jury h|>|H>rt«nity of |)r(>|)ofint^, tlie Affair having been carrie*! on in fueh a eircumfiHrCt and tjuict Manner, that till verv lately not a great many in the Province (laxtrs and Taxed exce|rtcd) knew any Thing of the Matter. The Hopes and goo(f Wilhes of tin* Wor- (hipful Kench here lavilhed upon the GrafKl-jury do really claim their pai- ticular Regard, and the Compliment paid tliem by tlieir Worlhips, of the Want of either Influence, Intercrt in, or Knowledge of the Province, does not fcem calculated foi- this Country, but for the Undcrlbmdings of Foreigners who know neither the Bench nor Jury. ^I. Notwithftanding the ^/Aj'/y a/' ^/^y^rt///, wc refer to the Prefentmcnt, which to our common Underrtandings does not feem to demand any Thing unrea- fonable, or mean Offence to any oru:. If a Decifion has Ik'cii given, for Want of proper Information, to the Prejudice of aiw^ Subject of Fifty or One Hundred Pounds, he will naturally expect to be reAelled. XII. The Ordinance itlclf nuilt here be referred toj the Subject of this Pre- lentment i^ more fully explained in a fubfequent one made by the ProttlVant Members of the Jury, wtiich cannot fail of being underllood ; yet we muft obfervc that its Meaning has been already totally perverted, and Meafures taken thereu|>on that favour much of Qiiixotifm. XIII. Perhaps the Methods propoled by the Jiuy, out of their grcrrt Skill and Knn Grand and Petty- Juries, even where two Protcltants arc the Parties, is complained of. — As this ver]^ Pi-efentment has been openly and ungeneroudy ufctl as a Handle to let His Majcfty's old and new Subjects at V^arience in this Province, we cannot help en- deavouringtQ fct the Public right in this Particular, in which they have been h grofly intpoied on : What gave Birth to this Prefentment, was the following fhoit, but pithy Paragraph, in the Ordinance of the 17th Day of September laft. " In all Tryals in this Court all his Majefty's Subjefts in this Colony to be ad- *• mirted on Juries without any Didini^Hon :" This is qualifying the whole Prm-incc at once for an OfRee which the beft and moft fenfible People in it are Jurymen. tm ■« ■ £»'«•> -- Jurjrmcn. Hit Majefty's lately acauired 8ubje£b cannot take it a-mUs, that his anciqnt Subj^ rpmonnratfl againlt this Prance as being cuntv^ry tp the lya^ws of MieRneahnof £ii)f^uM/, the fieneiit of wlikh they think tli|t:y have a Right to; nor ought it to give Offence when they demand that a IVotcftant Jury fliould be impannelled when the litigating Parties are Protellants ; llicli were the real Mo- tives of the Prefentment, and we can aver that notliing furtlicr was mcajit by the Quotation from the Statute. That tlie Subfcribers of that Prefentment meant to remove every Roman Ga- tholick from holding any Office, or filling any ))ublick Employment, b to all Intents and Purpofes a moft vile, groundlefs Infmuation, and utterly incon- iiitent : Sentiments and Intentions fuch as thcfe wc abhur, and arc only forry tha^ our Principles do not allow us to admit Roman Catholicks as Jurors upon a Cauic betwixt two Protcftants ; perhaps theirs hold us in the fame Light in a Cafe betwixt two Catholicks, and we are very far from finding Fault with tJicm, the fame Liberty that wc take of thinking for ourielvcs we mult freely indulge to others. The fubfcquent Apology for Military. Gentlemen's being in the Commiflion of the Peace, is of no great Moment, we only obferve that it is not cullomai y, and may in Time produce difagreeablc Confequences. With Refpe6t to the Inftrudions and Informations of what i& the proper Duty of a Grand-Jury, though it cannot be of much Ufe to the prefcnt; it may to tlie fucceeding Grand- Jurors, who may perhaps difcovcr or rccolledl that Grievances of a certain Nature are not to b? prefcntud, and that ufui^- a Liberty of that Kind may be .'.cctncd /)igJbfy improper, nfuwing, arj g/ the moji pertiwhus 'Tendency. — But it is the Weaknefs of many People, that after having been obliged to afliimc a certain Charadcr, they arc obftinate in maintaining it agree- able to their own Notions of Reditude, iiotwithftanding the Calumny and* Contempt which may attend fuch a Practice ; and the Term Zf.lot which is generally applied dcrot;Titivcly does not deter all Men from perfifting in what they think is right and'juft ; yet it is a lamentable Truth, that Zeal is oftner exercifcd in a bad Caufe than a good one ; and the Reafon of tliis is very likely, that Men are under the Nccellity of exciting nil their Faculties to liqjpoit a bad Undertaking, whereas upon the other Hand, when they are confcious of the Juftice of the Part they have taken, they become profeHal Quictills, and fo happen what will, they confole themfelves /with the Reflection of their having Inchnations to that which is right : But this Manner of acting, tho' it fcreens a Man's Charatter from the Imputation of Zeal, is very unmanly and unbe- coming a Citizen. It is a Maxim handed down to us by the Wife Man, " 'That a gocxl Name is ineftimable ;" but it is no lefs fad, Tliat the Favour and Praifes of the Fooiifh area Reproach. Love and Harmony are alfo very defirea- ble, but tlicfe agrccabfc Virtues are not to be cultivatcdat theExpenceof others. Honour I • II .^•^■* ¥<' t,< ,£*-"t llwtlA^Mr: And it is ace llM .^"-» naft tMft fiodi OMeratton/tlMft SopolflfB fiUoBi ftid tlidf ut',. fJt. >*' Ifelpilt whca l>iy infift uponthdr baiMr confidcitd ii Hidt. adnePMnfo wUrtliii a iMik Aigument* for this Realon, becaufe it Impltcs the Want of #Miir. II has baeli oAan obfenvd that in Rdision* and i«t bcficva it b in Politicks, an Ahufe^f thehaft Syftems mboth icnden them the i, Iiai»ylhcMildwebeifcvcnroiieinhb^here«nd6avo •isKlb^ and freely tendered to us all his Prote6tion.— Sentiments 'Aich as theie ihaMiBQibcn of.theGrand-|uiy are determined to profdbMid cul^rate with all ifSs.Mi^cfty's Subjeftf in this Province without Diilin^lnflr and hope that any XBtUkm that thejr have made in the Diibharge of their Du^ the candid Pubtic wffia|vcflook^ and at kaft allow them the Honor of havin| intended the Welfare piAfOommunity: *« For better is it to be of an hiimbk Spirit with the Lowly, «^iln 10 divide M^ -'■ Jmn JMh l ^ Fiier Pmuioit JUxMubr Mukeittie, TAmas Story, EdwarJ Hmr^t Stimmi, Ihmam, Jobn Jimtfa, John Limbwmer, PMSp PityMm B0thl WtiU^ Geffje FMkw, JMi&ert WRamkUt, IBSliTMMB»» ^ |g| Urfli i»«cieBftofdicaMico(rcB«!«id vaJkamtA ThanboTdie Merchaam 1'ndcn, anjprindpd LtiM^ tsHK ntid|Miiinibitre " * oar Pi i'entoAinfttmib&latajy, wiU by tt* ai 1i^lMi|iiiiwaoDiiii^llMrr^ meet with thit Conntentnce uid Redraft t)l«yrojutty Merit ' ^ " ' ' yvKmt dublal «i#^iiie QmA'hceft w m dw «Ay Bod/ r^Mftttuirre .aiiil^ warn bitmy cnufUmtd 4^, or that tamy haRafter come ander Confideratna. Wfi^ hav« been dcAcieat in Fomi, or exceeded the Rn aUCtopoi #«4wiwHe, «cbwle«««i ilMpitti^ of dkulafiutt Colony, Akifdiatwe will, ob all oroper Occaftnu, cheaWU^ cn'-oporate Bod/ r^Nteftatatrre of die People ot this DMrid, i% remedying thofe Uricv. , cheiimlqr cee^ed the Rules ufually observed bir Grand-Jttries in oar Mother Coiui<« ny fm^ei^ Aet mt afftmr fy tht NatMn •fjtm Chmnt) the Want of a General AllembW in this Province iu&i^ fM^ jdSUIes yotir Coiid«£| to the PliUic. Wt an, vritk tht^tmtjt Ejhm mud t/jmit ^^» tuiOShhtr^ 1764. Qtai^emtn, ymt m^ MigiJ mti hamItU Strvrntt, Venture, WiHIam Govctt, John Fnnb, AK. Bondfidd, Chartier, Fremont, James Flanagin. Jean Bemtrd, John fikpxtnh* 0>l:yji t^'-fti^ fntfki^ I Qldf ; PMple lilt of fAthe Ibinpt ^ ion of eeable _ irin*. :-. ithdb ithatl It any ^blic elfaref €wly, (fwarj 'S[ A IkIm« 3£»n ^ Merit: -oporate iGricv. tCooSx r fufficU vmttt I.Shep. UrilHam Thoffiw Bcnttrdy gc GK' ^acharic i/ r//i> lit. V>-