The Quebec Act
Following the British victory over France in the Seven Years’ War, the
territories of France in northern North America, known as Canada, were granted
to Britain in the Treaty of Paris in 1763. The British renamed the territory
Quebec. The British Parliament passed the Quebec Act on October 7, 1774, in an
effort to satisfy the people of Quebec and to prevent them from joining the
growing dissent and disaffection fomenting in the American colonies.
Specifically, the Quebec Act restored French civil law. Additionally,
because of the large percentage of Roman Catholics in the area, typical
religious restrictions were eased in the Act, though civil authorities were
required to swear allegiance to the Church of England.
The Quebec Act is one of the Intolerable Acts that lead to dissent in the
American colonies and to the creation of the Declaration
of Rights and Grievances in 1774. While the other distinct parts of the
Intolerable Acts were more unsettling to the Americans than the provisions in
the Quebec Act, the establishment of a nontraditional legal system was
troubling, and the recognition of Roman Catholicism nipped at the fringes of
American religious tolerance.
The other Intolerable Acts are the Administration of Justice Act, the Boston Port Act, the Massachusetts Government Act, and the Quartering Act.
The source for this text is the Avalon
Project. The text has been modified slightly to expand abbreviations,
modernize spelling, and enhance readability. Footnotes explain arcane language
or uncommon terms.
An Act for making more effectual Provision 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 had 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, 1763: 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 [1] 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:
1.
May it therefore please your most Excellent Majesty that it may be enacted;
and be it enacted by the King’s 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 [2], along the High Lands which divide the Rivers that empty
themselves into the River Saint Lawrence from those which fall into the Sea
[3], to a Point in forty-five Degrees of Northern
Latitude, on the Eastern Bank of the River Connecticut [4], keeping the same Latitude directly West, through the
Lake Champlain, until, in the same Latitude, it meets the River Saint Lawrence:
[5] 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 Pennsylvania,
in case the same shall be so intersected: [6] and
from thence along the said Northern and Western Boundaries of the said
Province, until the said Western Boundary strike the Ohio: [7] 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 Pennsylvania, 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, [8] and Northward to the Southern Boundary of the Territory
granted to the Merchants Adventurers of England, trading to Hudson’s Bay;
[9] and also all such Territories, Islands, and
Countries, which have, since the tenth of February, 1763, been made Part of the
Government of Newfoundland, be, and they are hereby, during his Majesty’s
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, 1763. [10]
2.
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.
3.
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
nowsoever, 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.
4.
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
[11], 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; [12]
be it therefore further enacted by the Authority aforesaid: That the said
Proclamation, so far as the same 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, 1775.
[13]
5.
And, for the more perfect Security and Ease of the Minds of the Inhabitants
of the said Province, 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, [14] 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. [15]
6.
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.
7.
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; [16] 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 authorized to administer the same;
videlicet [17], 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 traitorous
Conspiracies, and Attempts whatsoever, which shall be made against his Person,
Crown, and Dignity; and I will do my utmost Endeavor to disclose and make known
to his Majesty, his Heirs and Successors, all Treasons, and traitorous
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. [18]
8.
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, 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.
9.
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 Socage. [19]
10.
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 Lifetime, 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
any-wise notwithstanding; such Will being executed either according to the Laws
of Canada, or according to the Forms prescribed by the Laws of England.
11.
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 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
seventy-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 hereinafter directed. [20]
12.
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 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 Majesty’s Governor, or, in his Absence, of the Lieutenant-governor, or
Commander in Chief for the Time being.
13.
Provided always: That nothing in this Act contained shall extend to
authorize or empower 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 authorized by the said
Council to assess, levy, and apply, within the said Town or District, for the
Purpose of making Roads, erecting and repairing public Buildings, or for any
other Purpose respecting the local Convenience and Economy of such Town or
District.
14.
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 Majesty’s Order in Council thereupon shall be
promulgated at Quebec.
15.
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
Majesty’s Approbation.
16.
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 the Lieutenant-governor, or Commander in Chief
for the Time being, to attend the same.
17.
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 [21] 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.
18.
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 Majesty’s 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.
Footnotes
1. A “sedentary fishery” is one that does not move; it is
opposed to a migratory fishery. An example is the Georges Bank fishery.
>2. The Bay of Chaleurs separates northern New Brunswick
from Quebec’s Gaspe Peninsula.
3. These “High Lands” roughly follow Maine’s northern
border.
4. This point on the Connecticut River is the approximate
northeast corner of Vermont.
5. This point on the St. Lawrence River is approximately
at Cornwall, Ontario.
6. This point is near Conneaut, Ohio, on the shore of
Lake Erie.
7. The Ohio River crosses this line near East Liverpool,
Ohio.
8. The Ohio River and the Mississippi River join at
Cairo, Illinois.
9. Directly north of Cairo, to the southern border of the
Hudson’s Bay Territories reaches up to around Lake Nipigon on Ontario.
10. The province of Quebec, then, included all of modern
Quebec, half of Ontario, and all of Labrador and Newfoundland; and included
all or parts of Wisconsin, Illinois, Indiana, Michigan, and Ohio.
11. The Church of Rome means the Roman Catholic
religion.
12. The established law is that of France.
13. This section acknowledges that the governance of
Quebec, with its large Catholic population, was not possible using English
standards, especially those that required officials to be members of the Church
of England.
14. The first year of the reign of Queen Elizabeth was
1559.
15. This section guarantees that adherents to Catholicism
could continue to worship as they wished, and that Catholic clergy could
continue to hold their positions, though the supremacy of the King would still
be in place.
16. The oath in question, the Oath of Supremacy, required
civil officers to swear allegiance to the monarch as both temporal and
spiritual head.
17. “Videlicet” means the same as “viz” or “to wit”.
18. Failure to take the oath was considered treasonous for
public officials; those who would not take the oath were ineligible to
office.
19. “Socage” leased land paid for with the product of the
land or other services to the landowner, instead of paid for in money.
20. Sections 10 and 11 essentially meant that Quebec would
have French civil law and English criminal law.
21. A Letter Patent is a letter from the monarch declaring
something specific to a person, like an office or title, or to an organization,
like an incorporation.