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WHEREAS his Majesty, by his royal proclamation, bearing
the date the seventh day of October, in the third year of his reign, thought
fit to declare the provisions which have been made in respect to certain
countries, territories, and islands in America, ceded to his Majesty by the
definitive treaty of peace, concluded at Paris on the tenth day of February,
one thousand seven hundred and sixty three: and whereas by the arrangements
made by the said royal proclamation, a very large extent of country, within
which there were several colonies and settlements of the subjects of France,
who claimed to remain therein under the faith of the said treaty, was left,
without any provision being made for the administration of civil government
therein; and certain parts of the territory of Canada, where sedentary
fisheries had been established and carried on by the subjects of France,
inhabitants of the said province of Canada, under grants and concessions from
the government thereof, were annexed to the government of Newfoundland, and
thereby subjected to regulations inconsistent with the nature of such
fisheries: may it therefore please your most excellent Majesty, by and with the
advice and consent of the lords spiritual and temporal, and commons, in this
present parliament assembled, and by the authority of the same, That all the
territories, islands, and countries in North America, belonging to the crown of
Great Britain, bounded on
[boundary descriptions omitted]
And whereas the Provisions made by the said Proclamation,
in respect to the Civil Government of the said Province of Quebec, and the
Powers and Authorities given to the Governor and other Civil Officers of the
said Province, by the Grants and Commissions issued in consequence thereof,
have been found, upon Experience, to be inapplicable to the State and
Circumstances of the said Province, the Inhabitants whereof amounted at the
Conquest, to above Sixty five thousand Persons, professing the Religion of the
Church of Rome.
It is hereby declared, That His Majesty's Subjects
professing the Religion of the Church of Rome, of, and in the said Province of
Quebec, may have, hold, and enjoy, the free Exercise of the Religion of the
Church of Rome, subject to the King's Supremacy, declared and established by an
Act made in the First Year of the Reign of Queen Elizabeth, over all the
Dominions and Countries which then did, or thereafter should, belong to the
Imperial Crown of this Realm; and that the Clergy of the said Church may hold,
receive, and enjoy their accustomed Dues and Rights, with respect to such
Persons only as shall profess the said Religion.
Provided nevertheless, That it shall be lawful for His
Majesty, His Heirs or Successors, to make such Provisions out of the rest of
the said accustomed Dues and Rights, for the Encouragement of the Protestant
Religion, and for the Maintenance and Support of a Protestant Clergy within the
said Province, as he or they shall, from Time to Time, think necessary or
expedient.
And be it further enacted by the Authority aforesaid,
That all His Majesty's Canadian Subjects within the Province of Quebec, the
Religious Orders and Communities only excepted, may also hold and enjoy their
Property and Possessions, together with all Customs and Usages, relative
thereto, and all other their Civil Rights, in as large, ample and beneficial
Manner, as if the said Proclamation, Commissions, Ordinances, and other Acts
and Instruments, had not been made, and as may consist with their Allegiance to
His Majesty, and Subjection to the Crown and Parliament of Great Britain; and
that in all Matters of Controversy relative to Property and Civil Rights,
Resort shall be had to the Laws of Canada, as the Rule for the Decision of the
same; and all Causes that shall hereafter be instituted in any of the Courts of
Justice, to be appointed within and for the said Province by His Majesty, His
Heirs and Successors, shall, with respect to such Property and Rights, be
determined agreeably to the said Laws and Customs of Canada;
And whereas the Certainty and Lenity of the Criminal Law
of England, and the Benefits and Advantages resulting from the Use of it, have
been sensibly felt by the Inhabitants from an Experience of more than Nine
Years, during which it has been uniformly administered; be it therefore further
enacted by the Authority aforesaid, That the same shall continue to be
administered, and shall be observed as Law, in the Province of Quebec, as well
in the Description and Quality of the Offense, as in the method of Prosecution
and Trial, and the Punishment and Forfeitures thereby inflicted, to the
Exclusion of every other Rule of Criminal Law, or Mode of Proceeding thereon,
which did or might prevail in the said Province before the Year of our Lord One
thousand seven hundred and sixty four; any, Thing in this Act to the Contrary
thereof in any Respect notwithstanding;
And whereas it may be necessary to ordain many
Regulations, for the future Welfare and good Government of the Province of
Quebec, the Occasions of which cannot now be foreseen, nor without much Delay
and Inconvenience be provided for, without entrusting that Authority for a
certain Time, and upon proper Restrictions to Persons resident there:
And whereas it is at present inexpedient to call an
Assembly: be it therefore enacted by the Authority aforesaid, That it shall and
may be lawful for His Majesty,and with the Advice of the Privy Council, to
constitute and appoint a Council for the Affairs of the Province of Quebec, to
consist of such Persons resident there, not exceeding Twenty-three, nor less
than Seventeen, as His Majesty,shall be pleased to appoint:...which Council, so
appointed and nominated, or the major Part thereof, shall have Power and
Authority to make Ordinances for the Peace, Welfare, and good Government of the
said Province with the Consent of His Majesty's Governor, or, in his Absence,
of the Lieutenant Governor, or Commander in Chief for the Time being.
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