it having been mutually agreed upon between Sir Henry Moore and the commander in chief of the province of Quebec, at a meeting for that purpose appointed, that the line of divifion between these provinces fhould be fixed at the 45th degree of North latitude, conformable to the limits laid down in his Majefty's proclamation. of October 1763. And it having been ascertained and determined by proper obfervations where the faid line would pafs, it is therefore propofed that these proceedings above stated should be confirmed by his Majesty.

the line of di

vifion between that the two provinces of Quebec each and New York.

His Majefty taking the said report into confideration, was pleafed, Confirmation of with the advice of his privy council, to approve thereof, and doth hereby confirm the faid proceedings above ftated, and order the faid line of divifion be run out and continued as far as province respectively extends.

the Provision conunder poffeffed by the

cerning lands

Provided that nothing herein contained shall extend to affect properties of his Majefty's new fubjects having poffeffions proper titles on thofe parts of the lands on the fouth fide of this line, the dominion of which was not difputed on the part crown of Great Britain.

of the

Canadians on the fouth fide of that

line, in parts not

formerly claim ed by the crown of Great Britain.

cerning them in

crown of Great

And provided alfo, that this determination fhall not operate Provifion conwholly to deprive his Majefty's new fubjects of fuch conceffions parts that were on the fouth fide of the faid line, on which they may have made claimed by the actual fettlement and improvement, although the lands may have Britain. been difputed by the crown of Great Britain; but that fuch poffeffors fhall be intitled to fo much of the faid conceffions as shall be proportioned to their improvements, at the rate of fifty acres for every three acres of improvement, provided they take out grants for the fame under the feal of the province of New York, fubject to the ufual quit-rents.

And provided also, that the grant to no one person shall exceed twenty thousand acres.

And the governours or commanders in chief of his Majesty's faid provinces of New York and Quebec for the time being, and all others whom it may concern, are to take notice of his Majesty's pleasure hereby fignified, and themselves accordingly. govern

NUMBER XXII.

The OPINION of the Attorney and Sollicitor General concerning Two Acts of Parliament made for the Prefervation of Ships and Goods that are forced on Shore or ftranded upon the Coafts of Great Britain, or other Dominions of his Majefty.

To the Right Honourable the Lords Commiffioners for Trade and Plantations.

IN

May it please your Lordships,

N obedience to your lordships commands fignified to us by Mr. Pownall's letter of the 12th day of this inftant June, that we would take into our confideration an act of parliament paffed in the 12th year of Queen Ance, ftat. 2, cap. 18, intitled, " An Act for "the preferving all fuch Ships and Goods thereof which shall happen "to be forced on Shore, or stranded upon the Coafts of this Kingdom, "" or any other of her Majefty's Dominions :" alfo one other act of parliament paffed the 4th George I. cap. 12, intitled, “An Act for enforcing and making perpetual an Act of the 12th Year of her "late Majefty, intitled, An Act for preferving all fuch Ships and "Goods thereof which shall happen to be forced on Shore or firanded "upon the Coafts of this Kingdom, or any other of her Majefty's " Dominions; and for inflicting the Punishment of Death on fuch as fball wilfully burn and deftroy Ships :" and that we would give our opinion whether the faid acts do extend to and are in force in his Majefty's colonies and plantations in America:

We have taken the fame into our confideration, and are of opinion, that as the title of the act 12 Anne, ftat. 2, cap. 18, exprefsly imports to be an act for preferving fhips and goods forced on fhore or ftranded upon the coafts of this kingdom, or any other of ber Majefty's dominions, and the enacting part has words extending to her Majefty's dominions in general, that the faid act of 12th Anne

extends

extends to and is in force in his Majefty's colonies and plantations in America, notwithstanding the fpecial promulgation of the law, and fome other provifions in it, are applicable only to this kingdom.

"

We are likewise of opinion, that fo much of the act of 4th Geo. I. cap. 12, as declares the 12th of Anne to be perpetual, extends to America.

But the third clause of that act, which introduces a new crime, by a provision altogether independent of the former part of the act, and made to render an act of the 1ft Anne more effectual, we are inclined to think does not extend to his Majesty's colonies and plantations in America, that clause being expreffed in general terms, without any reference to the colonies; and the 11th Geo. I. cap. 29, f. 7, which directs the mode of the profecution of these offences, when committed within the body of any county of this realm, or upon the high feas, making no mention of the manner of trial if fuch offences fhould be committed in any of his Majefty's plantations or colonies in America.

All which is fubmitted to your lordships confideration.

(Signed)

June 25th, 1767.

WM. DE GREY.
E. WILLES.

N. B. This opinion of his Majefty's attorney and follicitor-general was tranfmitted to the governour of the province of Quebec by his Majesty's fecretary of ftate for the American department; and therefore is confidered as having had the fanction of his Majesty's approbation, and as making part of the law of that province.

1

NUMBER

XXIII.

IN N the year 1768 his most excellent Majefty was pleased to iffue three mandates to the governour, or commander in chief, of the province of Quebec for the time being, requiring him to constitute and appoint three clergymen of the church of England Rectors of the parish-churches of Quebec, Three Rivers, and Montreal, which are the three principal, or rather only, towns in the province. The reverend Mr. David Francis de Montmollin, a native of Switzerland, that had refided more than twenty years in England, was to be appointed rector of Quebec; the reverend Mr. Veyffiere, a late convert (and, I doubt not, a very fincere one) from the Romish religion, who had fome time before been a Recollet-Monk in the convent of that order in Quebec, was to be appointed rector of the Parish of Three Rivers; and the reverend Mr. De Lifle, a native of Old France, but who had always been bred a Proteftant, and who had received part of his education at Geneva, and is a powerful and eloquent preacher in the French language, was to be rector of the Parish of Montreal, where he had already refided two years in the character of chaplain of the garrifon. Upon the receipt of these three mandates the lieutenant-governour, Guy Carleton, Efquire, (now governour in chief of that province) was pleafed to order Francis Maferes, Efquire, the attorney-general, to prepare à draught of a commiffion for Mr. de Montmollin to be rector of the church and parish of Quebec in pursuance of the King's mandate for that purpose for his examination and perufal; which the faid attorneygeneral accordingly did. But upon more fully confidering the peculiar and delicate fituation of the province with refpect to the article of religion, and fome claims of property in the churches, made on the behalf of the Roman Catholic inhabitants of those parishes, which required a very ferious and deliberate difcuffion, his excellency did not think it expedient to grant these gentlemen commiffions of this form under the feal of the province; but in lieu thereof gave them licences to preach and perform divine fervice according to the ceremonies of the church of England in the refpective parishes of Quebec, Three Rivers, and Montreal, under his hand and private feal. Nevertheless as it may hereafter, when the Proteftant religion fhall have gained more footing in the province, be both fafe and expedient to give Proteftant clergymen fome of

the

the benefices of the province in the manner directed by these royal mandates, I shall here infert a copy of one of these mandates and of the draught of a commiflion made by the faid attorney-general in pursuance of it, that it may undergo the examination of his Majesty's minifters of ftate and law-officers, and receive fuch corrections and alterations at their hands as it fhall appear to them to want. In a new province we have no precedents to direct us; every thing requires to be fettled with care and attention.

The KING'S MANDATE to the Governour, LieutenantGovernour, or Commander in Chief of the Province of QUEBEC, to collate and admit the Reverend Mr. DE MONTMOLLIN to the Parish-Church of QUEBEC.

To our trusty and well-beloved JAMES MURRAY, Efquire, our Captain General and Governour in Chief in and over our Province of Quebec, in America; and, in his Abfence, to our LieutenantGovernour, or Commander in Chief of our faid Province for the Time being.

GEORGE R.

RUSTY and well-beloved, we greet you well.

TRU

We, having received a good report of the loyalty, abilities, prudent conduct, and fober converfation of our trufty and wellbeloved David Francis de Montmollin, clerk, have thought fit hereby to fignify our will and pleasure to you that, forthwith upon receipt hereof, you do collate and admit the faid David Francis de Montmollin, clerk, to the church and parish of Quebec, in our province of Quebec, in America:

To have, hold, and enjoy the fame unto him, the faid David Francis de Montmollin, during his natural life, with all rights, dues,

profits,