June
22, 1774
AN ACT for making effectual
Provision for the Government of the Province of Quebec, in North
America.
MAY it therefore please Your most Excellent Majesty
That it may be
enacted: [Boundaries defined, Boundaries of Proclamation of 1763
extended to include territory west to the Mississippi, north to
the frontiers of the Hudson's Bay territory, and the islands in
the mouth of the St. Lawrence.]
... 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, ...
nd 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 sixtyfour; any Thing
in this Act to the Contrary thereof in any Respect notwithstanding;
nd 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:
nd 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 ...