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The Quebec Act
British Parliament
1774
- An act for making more effectual
provisions for the government of the province of
- Quebec in North America
WHEREAS his Majesty, by his royal
proclamation, bearing 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 provisions 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
that it may be enacted; and be it enacted by the Kings 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 the south by a line from the bay of Chaleurs, along
the high lands which divide the rivers that empty themselves into the
river Saint Lawrence from those which fall into the sea, to a
point in forty-five degrees of northern latitude, on the eastern bank of
the river Connecticut, keeping the same latitude directly west,
through the lake Champlain, until, in the same latitude, it meets
the river Saint Lawrence; from thence up the eastern bank of the
said river to the lake Ontario; thence through the lake Ontario,
and the river commonly called Niagara; and thence along by the
eastern and south-eastern bank of lake Erie, following the said
bank, until the same shall be intersected by the northern boundary,
granted by the charter of the province of Pensylvania, in case
the same shall be so intersected; and from thence along the said
northern and western boundaries of the said province, until the said
western boundary strike the Ohio: but in case the said bank of
the said lake shall not be found to be so intersected, then following
the said bank until it shall arrive at that point of the said bank which
shall be nearest to the north-western angle of the said province of Pensylvania;
and thence, by a right line, to the said north-western angle of the said
province; and thence along the western boundary of the said province,
until it strike the river Ohio; and along the bank of the said
river, westward, to the banks of the Mississippi, and northward
to the southern boundary of the territory granted to the merchants
adventurers of England, trading to Hudsons Bay;
and also all such territories, islands, and countries, which have since
the tenth of February, one thousand seven hundred and
sixty-three, been made part of the government of Newfoundland,
be, and they are hereby, during his Majestys pleasure, annexed to,
and made part and parcel of the province of Quebec, as created
and established by the said royal proclamation of the seventh of October,
one thousand seven hundred and sixty-three.
II. Provided always, That nothing herein
contained, relative to the boundary of the province of Quebec,
shall in anywise affect the boundaries of any other colony.
III. Provided always, and be it enacted, That
nothing in this act contained shall extend, or be construed to extend,
to make void, or to vary or alter any right, title, or possession,
derived under any grant, conveyance, or otherwise howsoever, of or to
any lands within the said province, or the provinces thereto adjoining;
but that the same shall remain and be in force, and have effect, as if
this act had never been made.
IV. And whereas the provisions, made by the
said proclamation in respect to this 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, and enjoying an established form of constitution and
system of laws, by which their persons and property had been protected,
governed, and ordered, for a long series of years, from the first
establishment of the said province of Canada; be it therefore
further enacted by the authority aforesaid, That the said proclamation
as it relates to the said province of Quebec, and the commission
under the authority whereof the government of the said province is at
present administered, and all and every the ordinance and ordinances
made by the governor and council of Quebec for the time being,
relative to the civil government and administration of justice in the
said province, and all commissions to judges and other officers thereof,
be, and the same are hereby revoked, annulled, and made void, from and
after the first day of May, one thousand seven hundred and
seventy-five.
V. And, for the more perfect security and
ease of the minds of the inhabitants of the said province, it is
hereby declared, That his Majestys 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 Kings 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.
VI. Provided nevertheless, That it shall be
lawful for his Majesty, his heirs or successors, to make such provision
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 and expedient.
VII. Provided always, and be it enacted, That
no person, professing the religion of the church of Rome, and
residing in the said province, shall be obliged to take the oath
required by the said statute passed in the first year of the reign of
Queen Elizabeth, or any other oaths substituted by any other act
in the place thereof; but that every such person who, by the said
statute is required to take the oath therein mentioned, shall be
obliged, and is hereby required, to take and subscribe the following
oath before the governor, or such other person in such court of record
as his Majesty shall appoint, who are hereby authorised to administer
the same; videlicet.
I A. B. do sincerely promise and swear, That
I will be faithful, and bear true allegiance to his majesty King
George, and him will defend to the utmost of my power, against all
traiterous conspiracies, and attempts whatsoever, which shall be made
against his person, crown, and dignity; and I will do my utmost
endeavour to disclose and make known to his majesty; his heirs and
successors, all treasons, and traiterous conspiracies, and attempts,
which I shall know to be against him, or any of them; and all this I do
swear without any equivocation, mental evasion, or secret reservation,
and renouncing all pardons and dispensations from any power or person
whomsoever to the contrary.
So help me GOD.
And every such person, who shall neglect or
refuse to take the said oath before mentioned, shall incur and be liable
to the same penalties, forfeitures, disabilities, and incapacities, as
he would have incurred and been liable to for neglecting or refusing to
take the oath required by the said statute passed in the first year of
the reign of Queen Elizabeth.
VIII. And be it further enacted by the
authority aforesaid, That his Majestys 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,
until they shall be varied or altered by any ordinances that shall, from
time to time, be passed in the said province by the governor, lieutenant
governor, or commander in chief, for the time being, by and with the
advice and consent of the legislative council of the same, to be
appointed in manner herein after mentioned.
IX. Provided always, That nothing in this act
contained shall extend, or be construed to extend, to any lands that
have been granted by his Majesty, or shall hereafter be granted by his
Majesty, his heirs and successors, to be holden in free and common
soccage.
X. Provided also, That it shall and may be
lawful to and for every person that is owner of any lands, goods, or
credits, in the said province, and that has a right to alienate the said
lands, goods, or credits, in his or her life-time, by deed of sale,
gift, or otherwise, to devise or bequeath the same at his or her death,
by his or her last will and testament; any law, usage, or custom,
heretofore or now prevailing in the province, to the contrary hereof in
anywise notwithstanding; such will being executed, either according to
the laws of Canada, or according to the forms prescribed by the
laws of England.
XI. And whereas the certainty and lenity of
the criminal law of England, and the benefits and advantages
resulting for 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 offence as in the method of
prosecution and trial; and the punishments 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; subject nevertheless to such alterations and amendments
as the governor, lieutenant-governor, or commander in chief for the time
being, by and with the advice and consent of the legislative council of
the said province, hereafter to be appointed, shall, from time to time,
cause to be made therein, in manner herein-after directed.
XII. 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 instructing that authority, for a certain time, and under 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,
his heirs and successors, by warrant under his or their signet or sign
manual, 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, his heirs and successors, shall be
pleased to appoint; and, upon the death, removal, or absence of any of
the members of the said council, in like manner to constitute and
appoint such and so many other person or persons as shall be necessary
to supply the vacancy or vacancies; 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 Majestys governor, or, in his
absence, of the lieutenant-governor, or commander in chief for the time
being.
XIII. Provided always, That nothing in this act
contained shall extend to authorise or impower the said legislative
council to lay any taxes or duties within the said province, such rates
and taxes only excepted as the inhabitants of any town or district
within the said province may be authorised by the said council to
assess, levy, and apply, within the said town or district, for the
purpose of making roads, erecting and repairing the local convenience
and economy of such town or district.
XIV. Provided also, and be it enacted by the
authority aforesaid, That every ordinance so to be made, shall, within
six months, be transmitted by the governor, or, in his absence, by the
lieutenant-governor, or commander in chief for the time being, and laid
before his Majesty for his royal approbation; and if his Majesty shall
think fit to disallow thereof, the same shall cease and be void from the
time that his Majestys order in council thereupon shall be
promulgated at Quebec.
XV. Provided also, That no ordinance touching
religion, or by which any punishment may be inflicted greater than fine
or imprisonment for three months, shall be of any force or effect, until
the same shall have received his Majestys approbation.
XVI. Provided also, That no ordinance shall be
passed at any meeting of the council where less than a majority of the
whole council is present, or at any time except between the first day of
January and the first day of May, unless upon some urgent
occasion, in which case every member thereof resident at Quebec,
or within fifty miles thereof, shall be personally summoned by the
governor, or, in his absence, by his lieutenant-governor or commander in
chief for the time being, to attend the same.
XVII. And be it further enacted by the
authority aforesaid, That nothing herein contained shall extend, or be
construed to extend, to prevent or hinder his Majesty, his heirs and
successors, by his or their letters patent under the great seal of Great
Britain, from erecting, constituting, and appointing, such courts of
criminal, civil, and ecclesiastical jurisdiction within and for the said
province of Quebec, and appointing, from time to time, the judges
and officers thereof, as his Majesty, his heirs and successors, shall
think necessary and proper for the circumstances of the said province.
XVIII. Provided always, and it is hereby
enacted, That nothing in this act contained shall extend, or be
construed to extend, to repeal or make void, within the said province of
Quebec, any act or acts of the parliament of Great Britain
heretofore made, for prohibiting, restraining, or regulating, the trade
or commerce of his Majestys colonies and plantations in America;
but that all and every the said acts, and also all acts of parliament
heretofore made concerning or respecting the said colonies and
plantations, shall be, and are hereby declared to be, in force, within
the said province of Quebec, and every part thereof. |
